DISTRICT COURT, WATER DIVISION 7, COLORADO

WATER RESUME ______

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7

Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water rights applications filed in the Office of the Water Clerk during the month of December, 2006, for each county affected, and an Invitation to Join Substitute Water Supply Plan Notification List.

04CW97. DAVID J. BROWN AND KOINONIA, LLC, David J. Brown, Manager, c/o Bootjack Management Co., 12500 E. Hwy. 160, Pagosa Springs, CO 81147, (970) 264-7280. Brownstein Hyatt & Farber, P.C. Attn. Wayne F. Forman, Esq. and John A. Helfrich, Esq., 410 17th Street, Suite 2200, Denver, Colorado 80202, Telephone: (303) 223-1100. FOURTH AMENDED AND RESTATED APPLICATION FOR GROUND WATER RIGHTS, SURFACE WATER RIGHTS, TERMINATION OF PLAN FOR AUGMENTATION DECREED IN CASE NO. 83CW144, NEW PLAN FOR AUGMENTATION AND CORRECTION OF ERROR IN DECREE IN CASE NO. 80CW220, AND TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS in MINERAL AND ARCHULETA COUNTIES A. Applicant: Koinonia, LLC David J. Brown, Manager c/o Bootjack Management Co. 12500 E. Hwy. 160 Pagosa Springs, CO 81147 Telephone: (970) 264-7280 c/o: Wayne F. Forman, Esq. John A. Helfrich, Esq. Brownstein Hyatt & Farber, P.C. 410 17th Street, 22nd Floor Denver, Colorado 80202 Telephone: (303) 223-1100 This Fourth Amended Application restates and replaces in its entirety Applicants' pending Third Amended Application filed on December 22, 2005. B. New Ground Water Rights 1. Wolf Creek Village Well #1 a. Legal Description: NE 1/4 NE 1/4, Section 20, T.37N., R.1E., N.M.P.M., 404 feet from the North Section line and 158 feet from the East Section line. See Exhibit A1. b. Source: Groundwater tributary to Wolf Creek, a tributary to the West Fork of the San Juan River (hereinafter the "West Fork"). c. Depth: 107 feet. d. Absolute Uses: (1) Appropriation Date: May 1, 2002. (2) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including construction of the well, installation of a pump, conducting a pump test, identifying irrigable acres, and applying water to beneficial use. (3) Amount: 0.36 c.f.s. (160 g.p.m.), Absolute, in addition to existing right for 0.066 c.f.s. (30 g.p.m.), up to 6.45 acre feet per year, decreed in Case No. 80CW220. (4) Uses: Commercial, domestic, fire fighting, piscatorial, aesthetics, freshening flows in the Village Lake Reservoir and irrigation of 20 acres in the SE 1/4 NE 1/4 of Section 20, T.37N., R.1E., N.M.P.M. as shown on Exhibit A1, in combination with the Dermody Pump. e. Conditional Uses: (1) Appropriation Date: May 1, 2003. (2) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including improving the capacity of the well, installation of a new pump, conducting a pump test, and identifying additional irrigable acres. (3) Amount: 0.36 c.f.s. (160 g.p.m.), Conditional, in addition to the rights decreed in Case No. 80CW220. (4) Use: Stock watering and supplemental irrigation of 60 acres to be irrigated in the SE 1/4 of Sec. 17, T.37N., R.1E., N.M.P.M., and 11 acres around Bootjack Lodge and Chipper's Pond, as shown on Exhibit A1, in combination with the Dermody Pump. f. Permit No.: 60127-F. 2. Newton Homestead Well a. Legal description: SW 1/4 NE 1/4, Section 32, T.37N., R.1E., N.M.P.M., 1,520 feet from North section line and 2,150 feet from East section line of said Section 32. See Exhibit A1. b. Source: Nontributary groundwater derived from shale. c. Depth: 220 feet. d. Appropriation Date: August 1, 2001. (1) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including filing of an application for a well permit, installation of well, performance of a pump test, and application of water to beneficial use for exempt domestic consumption. e. Amount claimed: 0.007 c.f.s. (3.0 g.p.m.), Absolute. f. Use: Domestic in up to three (3) residences, non-commercial domestic animal watering and irrigation of lawns and gardens not to exceed 1.0 acre in the SW 1/4 NE 1/4 Section 32 T.37N., R.1E., N.M.P.M. See Exhibit A-1. To be used in combination with Newton Spring and Pipeline through a common 1,000 gallon cistern (two plastic tanks of 500 gallons each) to irrigate 1 acre. The Newton Spring Pipeline was decreed in Case 73-308D on December 19, 1968, for 0.2 c.f.s., domestic uses, priority 1968-151, appropriation date June 2, 1959. g. Permit No.: 234489, issued August 14, 2001 for an exempt well. h. Applicant requests that the Newton Homestead Well be decreed as an exempt well pursuant to C.R.S. §§37-92-602(1)(b) and 602(4). 3. Well WS-5 a. Legal Description: NE 1/4 SW 1/4, Section 32, T.37N., R.1E., N.M.P.M., 2,110 feet from the South section line and 2,040 feet from the West section line of Section 32. See Exhibit A1. b. Source: Groundwater tributary to the West Fork. c. Depth: 67.5 feet. d. Appropriation: (1) Appropriation Date: April 30, 2003. (2) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including filing a well permit, drilling the well, conducting a pump test, and preparing a master irrigation plan and preliminary cost estimate. e. Amount: 0.89 c.f.s. (400 g.p.m.), Absolute. f. Use: Irrigation of 53 acres located in the W 1/2 Section 32, T.37N., R.1E., N.M.P.M., lying east of the West Fork. See Exhibit A1. g. Permit No.: 61415-F. h. Prior Decree: Case No. 83CW140 (Due Diligence 88CW86, but not continued thereafter). 4. Front Gate Well a. Legal Description: GPS bearings North 37º24.758’, West 106º54.004’; NE 1/4 SW 1/4, Section 29, T.37N., R.1E., N.M.P.M., 1,700 feet from the South section line and 2,200 feet from the West section line. See Exhibit A1. b. Depth: 140 feet. c. Source: Groundwater tributary to the West Fork. d. Appropriation: (1) Appropriation Date: May 7, 2003. (2) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including drilling the well, conducting a pump test, and preparing a master irrigation plan and preliminary cost estimate. e. Amount claimed: 0.89 c.f.s. (400 g.p.m.), Conditional. f. Use: Domestic, livestock watering and irrigation of 53 acres of lawns and gardens and pasture located in the SE 1/4 SW 1/4, Section 29, T.37N., R.1E., N.M.P.M. See Exhibit A1. g. Permit No.: 64434-F. 5. Dermody Pump a. Legal Description. NW 1/4 SE 1/4 NE 1/4, Section 20, T.37N., R.1E., N.M.P.M., 1,800.81 feet from the North section line and 980 feet from the East Section line. See Exhibit A1. b. Source: Groundwater tributary to Wolf Creek, tributary to the West Fork. c. Depth: 14 feet (gallery-type well). d. Conditional Uses: (1) Appropriation Date: May 1, 2003. (2) Amount: 0.4 c.f.s. (180 g.p.m.), Conditional. (3) How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including identifying additional irrigable acres. (4) Uses: Supplemental irrigation of 60 acres to be irrigated in the SE 1/4 of Sec. 17, T.37N., R.1E., N.M.P.M., and 11 acres around Bootjack Lodge and Chipper's Pond, as shown on Exhibit A1, in combination with the Wolf Creek Village Well #1. e. Current Decreed Uses: The conditional uses applied for above are in addition to previously decreed absolute uses described below. (1) Case No. W1858-78 (Second Amended, 11/24/98). (2) Appropriation Date: January 1, 1952. (3) Amount: 0.4 c.f.s (180 g.p.m.), Absolute, changed from

2 Stahl Ditch decreed in Case No. 73-308D, entered on December 19, 1968. (4) Uses: Irrigation, domestic and commercial. f. Permit No.: 64625-F. The junior water rights listed above for the Wolf Creek Village Well No. 1, Well WS-5, Front Gate Well, and Dermody Pump (collectively, "Bootjack Junior Rights") are subject to and benefit from a Stipulation and No-Call Agreement with Pagosa Area Water and Sanitation District and San Juan Water Conservancy District, dated April 21, 2006, in Case No. 04CW85. C. New Surface Water Rights 1. Brown Spring a. Legal Description: NW 1/4 NW 1/4, Section 29, T.37N., R.1E., N.M.P.M. See Exhibit A1. b. Source: Unnamed draw tributary to Michael’s Lake, located 115 feet South of North section line of said Section 29 and 2,060 feet East of the West section line of said Section 29. c. Appropriation Date: July 1, 1996, Absolute. d. How Initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including actual use of water for beneficial purposes. e. Amount Claimed: 1.11 c.f.s. (500 g.p.m.), Absolute (maximum spring flow). f. Use: Irrigation of 5 acres, fire fighting, together with uses previously decreed to this structure in connection with the use of Michael's Lake decreed in Case No. 98CW88. 2. Phillipps Ditch - Brown Enlargement a. Legal Description: Headgate located on the west bank of the West Fork, at a point 1200 feet southwesterly from the center of Section 29, T.37N., R.1E., N.M.P.M., Mineral County. See Exhibit A1. b. Source: Unnamed draw tributary to the West Fork. c. Appropriation Date: September 15, 1902. d. How initiated: Water has been used for irrigation via Phillips Ditch since the Ditch was constructed in 1902. e. Amount: 1.0 c.f.s. (450 g.p.m.), Absolute. f. Use: Year- round piscatorial, firefighting, and irrigation of 30 acres in the W 1/2, Section 29, T.37N., R.1E., N.M.P.M. 3. Chipper's Lake a. Legal Description: NE 1/4 NE 1/4, Section 20, T.37N., R.1E., N.M.P.M., 549 feet from North Section line and 307 feet from East Section line. See Exhibit A1. b. Sources: Groundwater tributary to Wolf Creek, tributary to the West Fork via Wolf Creek Village Well #1 and/or surface water pumped from Wolf Creek via Chipper's Lake Pumping Station to be located at NE 1/4 NE 1/4, Section 20, T.37N., R.1E., N.M.P.M, 365 feet from North Section line and 150 feet from East Section line. c. Fill Rate: 0.36 c.f.s. (160 g.p.m.) via Wolf Creek Village Well #1 and/or 1.0 c.f.s. (450 g.p.m.) via Chipper's Lake Pumping Station. d. Appropriation Date: April 30, 2006. e. Amount: 8.7 acre feet, Conditional. f. How appropriation initiated: The actual initiation of construction of the structure. As of this date, the dam has been constructed and the pond has been graded. Once a liner and outlet have been installed, the pond will be filled in priority. g. Use: Augmentation, recreation, piscatorial. h. Surface Area: 1.54 acres. i. Total active capacity of reservoir: 8.7 acre feet. j. Total Capacity: 8.7 acre feet. k. Average Depth: 3.5 feet. l. Owner of Land on Which Structure is Located: Applicants' property. D. New Storage and Direct Flow Water Rights for Existing Structures: DJ’s Lake f/k/a Village Lake Reservoir through the Village Lake Feeder Ditch 1. Current Decrees a. Decree Nos. 80CW221, dated June 27, 1981 (Reservoir); 80CW219, dated May 6, 1981 (Feeder Ditch). b. Priority: June 1, 1980 (Reservoir); August 1, 1980 (Feeder Ditch). c. Source: Wolf Creek, a tributary to the West Fork. d. Feeder Ditch: Village Lake Feeder Ditch, up to 3.0 c.f.s., Conditional. e. Location: (1) Reservoir: Section 20, T.37N., R.1E., N.M.P.M.; 400-1,000 feet south of the North section line and 50-350 feet west of the East section line, see Exhibit A1. (2) Feeder Ditch: NE 1/4 NE 1/4, Section 20, T.37N., R.1E., N.M.P.M., bearing from the NE corner of Section 20, S71°34'01"W, a distance of 675 ft.(headgate). The point of return to Wolf Creek bears S33°32'18"W, a distance of 1,462 ft. f. Amount: (1) Reservoir: 49.0 AF, Conditional. (2) Feeder Ditch: 3.0 c.f.s., Conditional g. Use: Fish, recreation, piscatorial. h. Due Diligence: 84CW187, 90CW62, 98CW37. 2. New Absolute Rights a. Uses: Fish, recreation, piscatorial, and

3 commercial. b. Amount: 49 AF, with the right to successively refill in priority for the Reservoir, and 3.0 c.f.s. for the Feeder Ditch. c. Appropriation Date: December 31, 1999. d. How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including in-priority storage of water for fish, recreation, piscatorial, and commercial uses. e. Feeder Ditch: Village Lake Feeder Ditch, up to 3.0 c.f.s., in priority. f. This request for a new absolute storage right for the Village Lake Reservoir and direct flow right for the Village Lake Feeder Ditch will be pursued to the extent the Court denies the claim asserted for these structures below in Section F, to make the current storage and direct flow conditional rights absolute. If the Court grants the application to make the current storage and direct flow rights absolute, this claim for an absolute right for storage of 49 AF and a 3.0 c.f.s. direct flow claim for the Village Lake Feeder Ditch will be withdrawn. E. Plan for Augmentation 1. Structures to be Augmented. The following water rights will be augmented under this Plan for Augmentation: consumptive use of Wolf Creek Village Well #1 and the Dermody Pump (collectively, the "Bootjack Lodge Structures"), which are described above in Sections B.1. and B.5. of this Application, and the water rights listed below, which were decreed in Case No. 98CW88 on October 20, 2004: a. Melinda's Lake (1) Legal Description: Located between 100 feet and 1,100 feet North of the South section line of Section 29, T.37N., R.1E., N.M.P.M., and between 2,300 feet and 2,700 feet East of the West section line of Section 29. Center point is approximately 650 feet from the South section line and 2,475 feet from the West section line. See Exhibit A2 (2) Depth: Maximum depth is twenty (20) feet below the natural ground surface. (3) Appropriation Date: July 29, 1998. (4) Amount and Use: 0.2 c.f.s., Conditional, direct flow; not to exceed 30 acre-feet per year for evaporation from Melinda's Lake, Queen's Lake, Michelle's Lake and Kelly's Lake (all four lakes collectively referred to as the "Lakes"); piscatorial, stock watering, fire fighting and recreational purposes. (5) Surface Area: 4.01 acres. (6) Average Depth: 15 feet. (7) Source: Groundwater tributary to the West Fork. (8) Melinda's Lake is comprised of two pre-1981 gravel pit lakes that were combined through the removal of approximately 0.07 acres of land in 1998, which separated the two water bodies. Evaporation from the original gravel pit lakes, comprising a total of 3.94 surface acres, is exempt from augmentation requirements pursuant to C.R.S. §37-90-137(11)(b). This plan for augmentation seeks to replace the increased evaporation caused by the creation of the unified lake in 1998, when such evaporation would result in injurious out-of-priority depletions. (9) Permit No.: 61417-F. b. Michelle's Lake f/k/a Manager's Lake (1) Legal description: Located between 1,550 feet and 1,980 feet South of the North section line of Section 32, T.37N., R.1E., N.M.P.M., and between 2,200 feet and 2,500 feet East of the West section line of Section 32. Center point approximately 1,760 feet from the North section line and 2,360 feet from the West section line. See Exhibit A2. (2) Depth: Maximum depth is 15 feet below the natural ground surface. (3) Appropriation Date: July 29, 1998. (4) Amount and Use: 0.2 c.f.s., Conditional, direct flow; not to exceed 30 acre-feet per year for evaporation from all Lakes, annually; piscatorial, stock watering, fire fighting and recreational purposes. (5) Surface Area: 2.41 acres. (6) Average Depth: 15 feet. (7) Source: Groundwater tributary to the West Fork. (8) Permit No.: 61419-F. c. Queen's Lake (1) Legal description: Located between 2,000 feet and 2,300 feet North of the South section line of Section 29, T.37N., R.1E., N.M.P.M., and between 2,600 feet and 2,900 feet East of the West section line of said Section 29. Center point is approximately 3,175 feet from the North section line and 2,815 feet from the West section line. (2) Depth: Maximum projected depth is 15 feet below the natural ground surface. (3) Appropriation Date: July 29, 1998. (4) Amount and Year-Round Use for all of the Lakes: 0.2 c.f.s., Conditional, direct flow; not to

4 exceed 30 acre-feet per year for evaporation from all of the Lakes annually; piscatorial, stock watering, fire fighting, and recreation purposes. (5) Surface Area: 1.27 acres. (6) Average Depth: 12 feet. (7) Source: Groundwater tributary to the West Fork. (8) Queen's Lake is a pre-1981 gravel pit. Evaporation of exposed groundwater is exempt from gravel pit augmentation requirements. See Decree in Case No. 98CW88. This structure is listed for completeness but is not proposed to be subject to this augmentation plan. (9) Permit No.: 61418-F. d. Kelly's Lake (1) Legal description: Located between 600 feet and 1,100 feet South of the North section line of Section 32, T.37N., R.1E., N.M.P.M., and between 1,400 feet and 2,200 feet East of the West section line of said Section 32. Center point is approximately 1,120 feet from the North section line and 1,870 feet from the West section line. (2) Depth: Maximum depth is 15 feet below the natural ground surface. (3) Appropriation Date: July 29, 1998. (4) Amount and Year-Round Use for all of the Lakes: 0.2 c.f.s., Conditional, direct flow; not to exceed 30 acre-feet per year for evaporation from all of the Lakes annually; piscatorial, stock watering, fire fighting, and recreation purposes. (5) Surface Area: 10.3 acres. (6) Average Depth: 15 feet +/- (7) Source: Groundwater tributary to the West Fork. (8) Kelly's Lake is a pre-1981 gravel pit. Evaporation of exposed groundwater is exempt from gravel pit augmentation requirements. See Decree in Case No. 98CW88. This structure is listed for completeness but is not proposed to be subject to this augmentation plan. e. Brown South Well (1) Legal description: NE 1/4 SW 1/4, Section 29, T.37N., R.1E., N.M.P.M., 2,200 feet from the South section line and 2,200 feet from the West section line of said Section 29. See Exhibit A1. (2) Depth: 15 feet. (3) Appropriation Date: July 29, 1998. (4) Amount claimed: 2.67 c.f.s. (1,200 g.p.m.), Absolute. (5) Source: Groundwater tributary to the West Fork. (6) Use: (a) Irrigation Season: Recharge of water level in Michael’s Lake and use either directly from the Brown South Well or from storage in Michael’s Lake for domestic and/or commercial use including but not limited to a house with a maximum of 4 bedrooms and 7 bathrooms; up to 30 guest cabins; an aquatic recreation facility; greenhouse; maintenance facility and office complex with 3 baths; piscatorial; stock watering; fire fighting; recreation; and irrigation of 70 acres of pasture land located in the SW 1/4 of Section 20 and N 1/2 of Section 29, T.37N., R.1E., N.M.P.M., lying west of the West Fork, including golf course watering and watering of lawns and gardens. (b) Non-irrigation Season: The uses described in the immediately preceding paragraph, excluding irrigation. (7) Permit No.: 056342-F (expired, application to reinstate permit to be filed). f. Brown House Well (1) Legal description: SW 1/4 SE 1/4, Section 20, T.37N., R.1E., N.M.P.M., 100 feet from the South section line and 1,900 feet from the East section line of said Section 20. See Exhibit A1. (2) Depth: 15 feet. (3) Appropriation Date: June 1997. (4) Amount: 0.56 c.f.s. (250 g.p.m.), Absolute. (5) Source: Groundwater tributary to the West Fork. (6) Uses: (a) Irrigation Season: Recharge of water level in Michael’s Lake and use either directly from the Brown House Well or from storage in Michael’s Lake for domestic and/or commercial use including but not limited to a house with a maximum of 4 bedrooms and 7 bathrooms; up to 30 guest cabins; an aquatic recreation facility; greenhouse; maintenance facility and office complex with 3 baths; piscatorial; stock watering; fire fighting; recreation; and irrigation of 30 acres of lawns and gardens, all in the SW 1/4, Section 20 and the N 1/2 of Section 29, T.37N., R.1E., N.M.P.M. (b) Non-irrigation Season: The uses described in the immediately preceding paragraph, excluding irrigation. (7) Permit No.: 050623-F. (8) The Brown South Well and the Brown House Well are together referred to as the "Brown Wells." g. Michael’s Lake a/k/a Chief's Lake a/k/a House Lake (1) Legal Description: Located between 100 feet and 300 feet South of the North section line of Section 29, T.37N.,

5 R.1E., N.M.P.M., and between 2,300 feet and 2,500 feet East of the West section line of said Section 29. The center point is approximately 115 feet south of the North section line and 2,160 feet east of the West section line. (2) Source: Michael’s Lake is first filled from the Brown Spring (in the NW 1/4, Section 29, T.37N., R.1.E, N.M.P.M.) and then from groundwater tributary to the West Fork, diverted from the Brown Wells. (3) Fill Rate for Michael's Lake from the Brown Spring: 1.11 c.f.s. (500 g.p.m.). (4) Appropriation Date: July 29, 1998. (5) Amount: 3.0 AF, Absolute. Michael’s Lake may be filled and refilled in priority. (6) Use: Piscatorial, fire fighting, and year-round recreation. (7) Surface Area: 1.0 acre (There is no dam for this Lake, average excavated depth is about 10.0 feet.) (8) Total active capacity of reservoir: 3.0 AF. (9) Total Capacity: 10 AF. (10) Average Depth: 10 feet. (11) Water is first pumped from the Brown Wells into holding tanks, now containing 100,000 gallons of storage, for domestic use. If the tanks are full, the excess is pumped to a surface ditch to recharge Michael’s Lake. The outflow from Michael’s Lake flows into the West Fork via an unnamed artificial stream and Himes Creek within 100 feet of the Brown Wells. 2. The following water rights will be used for augmentation. a. Chapson-Howe ("C-H") Ditch (1) Source: West Fork. (2) Decreed Location of Headgate: East bank of the West Fork, whence the South quarter corner of Section 29, T.37N., R.1E., N.M.P.M. bears S. 07º28' W., 3,063.72 feet. The point of diversion ("POD") was changed to the present location by Order of the District Court for Archuleta County in Civil Action No. 73-308D on December 19, 1968. (3) Use: Multiple beneficial uses, including irrigation of 99 acres and augmentation, as decreed in Case No. 83CW144. (4) Amount: Applicant owns 19.85 c.f.s. of the total decreed 28.5 c.f.s., Absolute. Applicant owns the following rights: (a) All 3.00 c.f.s., Priority 34a, decreed to the Howe Ditch, District Court, Archuleta County, in Civil Action No. 165 on August 17, 1904, with an appropriation date of October 31, 1890. Revised Priority No. 59 awarded in Civil Action Nos. 73 and 308, June 5, 1928. (b) All 4.50 c.f.s., Priority No. 73, decreed to the Howe Ditch, Enlargement and Extension in Civil Action No. 165 on August 17, 1904, with an appropriation date of September 30, 1901. Revised Priority No. 128 awarded in Civil Action Nos. 73 and 308, June 5, 1928. (c) All 5.00 c.f.s., Priority No. 62c, decreed to the Chapson Ditch in Civil Action No. 165 on August 17, 1904, with an appropriation date of July 7, 1898. Revised Priority No. 108 awarded in Civil Action Nos. 73 and 308, June 5, 1928. (d) 7.35 c.f.s. of a total 16.0 c.f.s., Priority No. 1968-200, decreed to the Chapson Ditch and Howe Ditch Enlargement and Extension in Case No. 73-308D on December 19, 1968, with an appropriation date of June 1, 1963. b. Campground Ditch (1) Source: An unnamed creek, tributary to the West Fork. (2) Location of POD: (a) a point whence the South quarter corner of Sec. 17, T.37N., R.1E., N.M.P.M., bears S. 26º40' E.,4,421.73 feet; (b) whence the South quarter corner of said Sec. 17 bears S. 21º29' E., approximately 3,866.59 feet; and (c) whence the South quarter corner of said Sec. 17 bears S. 08º35' E., approximately 2,681.87 feet. (3) Amount: 0.50 c.f.s., Absolute (4) Decree: Civil Action No. 73-308D, District Court in and for Archuleta County, December 19, 1968, with a appropriation date of June 2, 1959, Priority No. 1968-151. (5) Use: Multiple beneficial uses, including irrigation of 30 acres and augmentation, as decreed in Case No. 83CW144. c. Canon Creek Ditch (1) Source: An unnamed mountain stream, tributary to the West Fork. (2) Location of POD: a point North 31°14' West, 1,845 feet from N 1/4 corner of Section 20, T.37N., R.1E., N.M.P.M. (3) 2.5 c.f.s., Absolute (4) Decree: Civil Action No. 165, Archuleta County, August 17, 1904, with an appropriation date of July 10, 1900. Priority No. 69 f awarded in Civil Action No. 165, August 17, 1904; Revised Priority No. 124 awarded in Civil Action Nos. 73 and 308, June 5, 1928. (5) Use: Multiple beneficial uses, including irrigation of 75 acres and

6 augmentation, as decreed in Case No. 83CW144. d. Pangborn Ditch (1) Source: Pangborn Creek, tributary to the West Fork. (2) Location of POD: on the left bank of Pangborn Creek at a point 300 feet N.W. from the SE corner of NW 1/4NW 1/4, Section 20, T.37N., R.1E., N.M.P.M, in Mineral County. (3) 0.5 c.f.s., Absolute (4) Decree: Civil Action No. 165, Archuleta County, August 17, 1904, with an appropriation date of May 20, 1900. Priority No. 69 e awarded in Civil Action No. 165, August 17, 1904; Revised Priority No. 123 awarded in Civil Action Nos. 73 and 308, June 5, 1928. (5) Use: Multiple beneficial uses, including irrigation of 13 acres and augmentation, as decreed in Case No. 83CW144. e. Himes Ditch (1) Source: Mill Creek, tributary to the West Fork. (2) Location of POD: on the north bank of Mill Creek at a point whence the SW corner of Section 20, T.37N., R.1E., N.M.P.M, in Mineral County, bears S. 70°07' E. 2,897 feet. (3) 2.5 c.f.s., Absolute (4) Decree: Decretal Order, November 13, 1912, Archuleta County, with an appropriation date of October 15, 1898. Priority No. 98 awarded in Decretal Order, November 13, 1912; Revised Priority No. 158 awarded in Civil Action Nos. 73 and 308, June 5, 1928. (5) Use: Multiple beneficial uses, including irrigation of 64 acres and augmentation, as decreed in Case No. 83CW144. f. Himes Ditch, Teal Enlargement (1) Source: Mill Creek, tributary to the West Fork. (2) Location of POD: on the North bank of Mill Creek at a point whence the SS corner of Sec. 20, T.37N., R.1E., N.M.P.M., bears S. 70º07' E., 2,897 feet; (3) Amount: 5.5 c.f.s., Absolute (4) Decree: Civil Action No. 73-308D, District Court in and for Archuleta County, December 19, 1968, with a appropriation date of June 1, 1959; Priority No. 1968-150. (5) Use: Multiple beneficial uses, including irrigation of 140 acres and augmentation, as decreed in Case No. 83CW144. g. Power Line Ditch (1) Source: An unnamed creek, tributary to the West Fork. (2) Location of POD: a point whence the South quarter corner of Sec. 17, T.37N., R.1E., N.M.P.M., bears S. 47º25' E., 1,899.43 feet; (3) Amount: 0.10 c.f.s., Absolute (4) Decree: Civil Action No. 73-308D, District Court in and for Archuleta County, December 19, 1968, with a appropriation date of May 1, 1965. Priority No. 1968-220 awarded in Civil Action No. 73-308D, December 19, 1968. (5) Use: Multiple beneficial uses, including irrigation of 2 acres and augmentation, as decreed in Case No. 83CW144. h. Chipper's Lake (1) Chipper's Lake is described in Section C.3. of this application. 3. Plan for Augmentation. a. Overview. As relevant to this plan for augmentation, the Bootjack Ranch (the "Ranch") contains the Lakes, Chipper's Lake, and two areas, termed the "Ranch Complex" and the "Bootjack Lodge." The Ranch Complex consists of a personal residence and retreat, which includes a main residence, subsidiary residences or cabins, an aquatic recreation center and a small office building. Water is supplied to the Ranch Complex by the Brown Wells. The Bootjack Lodge is located in the northern portion of the Ranch, and consists of a lodge building and several modest cabins. Future development plans include construction of a new enhanced lodge together with renovated and new cabins, a pool and spa facility, and a restaurant. Water is supplied to the Bootjack Lodge by the Dermody Pump and Wolf Creek Village Well #1. The purpose of this plan for augmentation is to offset out of priority depletions from Chipper's Lake, the Lakes, the Ranch Complex and Bootjack Lodge. As discussed below in greater detail, depletions will be replaced by dry-up of irrigated land under senior water rights and releases from Chipper's Lake. All rights and structures described in this Application are located on the Ranch. Ranch water rights are the subject of a plan for augmentation in Case No. 83CW144, when it was anticipated that the Ranch would be used for major residential development. Upon a decree approving this plan for augmentation, the decree in Case No. 83CW144 will be terminated. All water rights which were to be used as augmentation sources under the decree in Case No. 83CW144 are to remain as decreed prior to the decree in

7 Case No. 83CW144, together with any augmentation uses decreed herein. b. Depletions. Depletions from the following structures are to be augmented under this plan: out-of-priority consumptive use from the Brown Wells, Wolf Creek Village Well #1 and the Dermody Pump and out-of-priority, non-exempt evaporation from the Lakes and Chipper's Lake. (1) Ranch Complex, the Lakes and Chipper's Lake. Water demand and depletions associated with the operation of the Brown Wells and evaporative depletions from the Lakes and Chipper's Lake are discussed below: (a) In-house Depletions for the Ranch Complex. Maximum occupancy of the Ranch Complex assumes 20 day employees, 10 residents and 64 guests. Assuming consumptive use at fifteen percent (15%) of the volume of the water pumped and an annual average occupancy of 80%, in- house domestic demand is estimated to be 10.08 acre feet per year ("AF/year") with depletions of 1.51 AF/year. See Tables 1 and 2, attached. (b) Evaporation Depletions from the Lakes, Chipper's Lake and an Artificial Stream. Evaporation losses from the Lakes are, for the most part, exempt from augmentation requirements. Evaporation resulting from the post-1981 enlargement of Melinda's Lake (0.07 acres) and evaporation from Michelle's Lake (2.41 acres), Michael's Lake (1.0 acres), Chipper's Lake (1.54 acres) and an artificial stream (0.28 acres) generated by overflow from the Brown House Well that runs from the Brown House and Aquatic Center to Michael's Lake are not exempt. The annual depletions associated with the non-exempt evaporation from a total of 5.30 acres is 17.65 AF/year. See Table 3, attached. The Lakes are also decreed for non-exempt livestock watering and firefighting. These uses will be sporadic, if at all. (c) Irrigation Depletions. Annual demand and depletions associated with the irrigation of 29 acres of lawn and gardens around the Ranch Complex by the Brown House Well are 66.70 AF/year and 53.36 AF/year, respectively. Demand and depletion from the irrigation of 70 acres of pasture by the Brown South Well is 192.50 AF/year and 77.00 AF/year, respectively. See Table 3, attached. (d) Irrigation Season versus Non-irrigation Season Depletions. Total depletions during the non- irrigation season (October 16-April 28) are 7.24 AF/year. Total irrigation season (April 29- October 15) depletions from all uses except irrigation of the 70 acres of pasture are 65.28 AF/year. Irrigation of the 70 acres of pasture by the Brown South Well will be curtailed in the event of a senior call. See Table 4, attached. (2) Bootjack Lodge. Water demand and depletions associated with use of the Dermody Pump and Wolf Creek Village Well #1 are discussed below: (a) In-house Domestic and Commercial Depletions for Bootjack Lodge. Maximum occupancy upon completion of the redevelopment of Bootjack Lodge assumes up to 206 Lodge and Cabin guests, a maximum of 120 guests at the spa and pool, 100 guests at the restaurant, and 20 employees. Assuming fifteen percent (15%) consumptive use and 80% guest occupancy over the course of an average year, estimated annual demand is 18.42 AF/year with depletions of 2.76 AF/year. See Tables 5 and 6, attached. (b) Irrigation Depletions. Annual demand and depletions associated with the irrigation of 20 acres of lawn and gardens around the Bootjack Lodge are 46.00 AF/year and 36.80 AF/year, respectively. See Table 7, attached. (c) Irrigation Season versus Non-Irrigation Season Depletions. Total depletions during the non-irrigation season (October 16-April 28) from all uses are 2.55 AF/year. Total irrigation season (April 29-October 15) depletions are 37.02 AF/year. See Table 8, attached. c. Freshening Flows for Lakes. Water will be diverted under the Brown Enlargement of the C-H Ditch to maintain water quality conditions in the Lakes. Diversions for freshening flows for the Lakes are non-consumptive as against downstream water rights and will not be curtailed or replaced. However, such diversions will deplete the flow of the West Fork in the reach downstream from the diversion point to the outlet from Kelly’s Lake. If a senior call is made under the Colorado Water Conservation Board

8 ("CWCB") West Fork instream flow right decreed in Case No. 80CW041, such freshening flows will be subject to administration. d. Irrigation Season Replacement. Total depletions from the Ranch Complex and Bootjack Lodge during the irrigation season (April 29-October 15) are estimated to be 102.3 AF. (See Tables 4 and 8). In the event of a senior call, these depletions, in whole or in part, will be replaced by augmentation credits from the dry-up of lands irrigated under senior water rights listed above in Section E.2. The recent re-evaluation of irrigation consumptive use ("CU") factors for the Ranch has determined that augmentation credit for the areas removed from irrigation will be allocated based on an annual CU factor of 1.1 AF/acre. These credits will be allocated pro rata as required over the irrigation season as shown in Table 9 below. Applicants are entitled to augmentation credit for 5.0 AF/year from the 4.51 acres taken out of irrigation under the C-H Ditch as a result of construction of Melinda's Lake (2.1 acres) and Michelle's Lake (2.41 acres). The locations of the Lakes and the acreage removed from irrigation are shown on Exhibit A2. The annual CU associated with 4.51 acres, based on the unit CU factor of 1.1 AF/acre, is 5.0 AF per year. The remaining irrigation season depletions from the Ranch Complex and Bootjack Lodge total 97.3 AF, which may require the dry-up of as much as 88.4 acres using a CU factor of 1.1 AF/acre. Augmentation credits that are available to cover any out of priority depletions at the Ranch Complex and Bootjack Lodge include dry up of irrigated acreage under the C-H Ditch (99 acres), Canon Creek Ditch (75 acres), Pangborn Ditch (15 acres), Power Line Ditch (2 acres), Himes Ditch (64 acres), and Himes Ditch, Teal Enlargement (140 acres). Table 9 shows the monthly and total CU attributed to irrigation under these ditches. Table 9 (Available Augmentation Credits in acre feet) APR MAY JUNE JULY AUG SEPT OCT TOTAL Unit Consumptive 0.01 0.14 0.25 0.29 0.23 0.16 0.02 1.1 AF/acre Use (AF/acre) C-H Ditch 1.0 13.9 24.7 28.7 22.8 15.8 2.0 108.9 AF (99 acres) Canon Creek 0.7 10.5 18.7 21.7 17.2 12.0 1.5 82.3 AF Ditch (75 acres) Power Line 0.02 0.3 0.5 0.6 0.5 0.3 0.04 2.2 AF Ditch (2 acres) Pangborn Ditch 0.1 1.8 3.2 3.8 3.0 2.1 0.3 14.3 AF (13 acres) Himes Ditch 0.6 9.0 16.0 18.6 14.7 10.2 1.3 70.4 AF (64 acres) Himes Ditch, Teal Enlgmt. 1.4 19.6 35.0 40.6 32.2 22.4 2.8 154.0 AF (140 acres)

Augmentation credits from the dry up of some combination of the irrigated land under the senior water rights identified above are available for use in the event of a senior instream flow right call by the CWCB under Case Nos. 80CW40 or 80CW41. In the event of a senior call below Bootjack Ranch, augmentation credits will be derived from dry-up of senior irrigation rights under the C-H

9 Ditch. The Applicants will identify the irrigated lands under their lateral ditches and will, as necessary, bypass in-priority diversions at those laterals and take CU credits for the land removed from irrigation in amounts identified in Table 9. In the event of insufficient augmentation credits, out of priority diversions will cease. Return flows from a portion of the diversions by the Campground Ditch accrue to Wolf Creek. It is assumed that flood irrigation under the Campground consumes 40% of the water diverted. Of the 60% that returns to the stream, approximately 10% is attributed to ditch losses that return to the West Fork. The remaining 50% of the diversions return to Wolf Creek. Applicants claim augmentation credit for such return flows to Wolf Creek to protect junior diversions by Chipper's Lake. The timing of such return flows Wolf Creek will be determined and accounted for and credit taken as they accrue. e. Non- Irrigation Season Replacement. The bulk of the non-irrigation season depletions of 2.55 AF at the Bootjack Lodge (Table 8) are generated by the Dermody Pump, which is a relatively senior water right and is unlikely to be called out. Thus, only the 7.24 AF of depletions from the Ranch Complex (Table 4) are anticipated to need replacment. The source of non-irrigation season replacement water for the Ranch Complex is Chipper's Lake. A total of 8.7 AF of water stored in Chipper's Lake, described above in Section C.3., will be available to be released as necessary through its outlet, lowering its water level. This water will be delivered to Wolf Creek through DJ's Lake (f/k/a Village Lake) at a point in the NE 1/4 of Section 20, T.37N., R.1E., N.M.P.M. The elevation of the outlets of Chipper's Lake and of DJ's Lake are low enough to completely drain Chipper's Lake if the entire 8.7 AF of replacment water is required. Because of the relatively large stream flow in Wolf Creek during spring runoff, Chipper's Lake is expected to reliably fill each year. f. General Operation of the Plan for Augmentation. There has never been a water rights call on the West Fork. This plan for augmentation is a pro-active effort designed to ensure the continuous diversion and use of water at the Ranch to the extent that there may be future calls by water rights senior to the Ranch water rights described above. When a senior call is in effect, the Ranch will account for all of its depletions, including non-exempt losses associated with evaporation from the Lakes, domestic and commercial use, and irrigation from out-of-priority water rights. (1) If the senior call is made by downstream senior water rights, the Ranch will replace all out-of-priority depletions through a combination of irrigation consumptive use credits and releases from Chipper's Lake. However, because flow-through diversions by the Brown Enlargement of the C-H Ditch for water quality maintenance of the Lakes are non- consumptive to the downstream flow of the West Fork, such diversions may continue without regard to downstream senior calling water rights. (2) If the senior call is made under the CWCB West Fork instream flow water rights decreed in Case No. 80CW041, 25 c.f.s. from April through August and 14 c.f.s. from September through March, diversions by the Brown Enlargement of the C-H Ditch will reduce the flow in the West Fork, and it will be subject to administration. Similarly, junior surface rights and groundwater rights decreed in Case No. 98CW88 and in this case that are not subject to this augmentation plan will be subject to priority calls and all injurious, out-of-priority diversions will be curtailed. All other depletions shall be fully replaced through a combination of irrigation consumptive use credits and releases from Chipper's Lake. F. Application to Make Absolute Conditional Water Rights 1. Name of Structures a. Wolf Creek Village Well #1 b. Village Lake Reservoir c. Village Lake Feeder Ditch 2. Describe Conditional Water Right (as to each structure) giving the following from the Referee's Ruling and Judgment and Decree. a. Wolf Creek Village Well #1 (1) Date of Original Decree: June 27, 1981; Case No. 80CW220; District Court, Water Division No. 7. (2) Correct Location of POD: NE 1/4 NE 1/4,

10 Section 20, T.37N., R.1E., N.M.P.M., 404 feet from the North Section line and 158 feet from the East Section line. See Exhibit A3. (a) Error in Decree in Case No. 80CW220: The POD for Wolf Creek Village Well #1 was described in the original decree in Case No. 80CW220, decreed on July 27, 1981, as being located in the NW 1/4NW 1/4 of Section 21, T.37N., R.1E., N.M.P.M., from the NW corner of Section 21, the well is located a distance of 656.25 ft., bearing S37°04'23"E. (b) Request Decree Correcting Location of POD: Applicants request the Court to correct the decreed POD in Case No. 80CW220 as identified above in Section F.2.a.(2). (3) Source: Groundwater tributary to Wolf Creek, a tributary to the West Fork. (4) Appropriation Date: September 1, 1980. (5) Amount: 0.066 c.f.s. (30 g.p.m.), not to exceed 6.45 acre feet per year. (6) Uses: Municipal. (7) Depth: 107 feet. (8) Permit No. #60127-F. b. DJ’s Lake (f/k/a Village Lake Reservoir) (1) Date of Original Decree: June 27, 1981; Case No. 80CW221, Court: District Court Water Division No. 7. (2) Legal Description: Section 20, T.37N., R.1E., N.M.P.M.; 400-1,000 feet south of the North section line and 50-350 feet west of the East section line. See Exhibit A3. (3) Source: Wolf Creek, a tributary to the West Fork. (4) Appropriation Date: June 1, 1980. (5) Amount: 49.0 acre feet. (6) Use: Fish, recreation and piscatorial. c. Village Lake Feeder Ditch (1) Date of Original Decree: May 6, 1981; Case No. 80CW219; Court: District Court, Water Division No. 7. (2) Legal Description: NE 1/4 NE 1/4, Section 20, T.37N., R.1E., N.M.P.M., bearing from the NE corner of Section 20, S71°34'01"W, a distance of 675 ft.(headgate). The point of return to Wolf Creek bears S33°32'18"W, a distance of 1,462 ft. See Exhibit A3. (3) Source: Wolf Creek, a tributary to the West Fork. (4) Appropriation Date: August 1, 1980. (5) Amount: 3.0 c.f.s. (6) Use: Recreation and piscatorial. 3. If claim to make absolute, water applied to beneficial use a. Wolf Creek Village Well #1 The Applicants pumped water from the Wolf Creek Village Well #1 in priority at rates up to and including 30 g.p.m. (and up to 6.45 AF) for municipal uses at the Bootjack Lodge, including for indoor domestic and commercial use, for the irrigation of 20 acres of landscaping around the Lodge, freshening flows for DJ's Lake (f/k/a Village Lake Reservoir) and related piscatorial uses every year from 1999 through 2005. b. DJ’s Lake (f/k/a Village Lake Reservoir) The Applicants stored up to 49 acre feet in priority in DJ's Lake (f/k/a Village Lake Reservoir) for recreation and piscatorial uses every year from 1999 through 2005. c. Village Lake Feeder Ditch The Applicants diverted water in priority from Wolf Creek through the Village Lake Feeder Ditch at flow rates up to 3.0 c.f.s. to storage in DJ's Lake (f/k/a Village Lake Reservoir) for recreational and piscatorial uses every year from 1999 through 2005. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures. During the preceding diligence period between July 1999 and July 2005, Applicants spent well in excess of $100,000 in engineering, design, maintenance, and legal fees in exercising their water rights associated with the Wolf Creek Village Well #1, DJ's Lake and the Village Lake Feeder Ditch. Applicants improved the production capacity of the Wolf Creek Village Well #1 and installed a new pump capable of pumping water at 200 g.p.m. The Applicants applied water from the well to beneficial use through consumption for municipal purposes, including domestic and commercial purposes, irrigation, stock watering, freshening flows into DJ's Lake and piscatorial uses. Applicants dredged DJ's Lake and restocked the lake with trout every other year and they spent more than $25,000 on maintenance and replacing the headgate to the Village Lake Feeder Ditch. 5. Name(s) and address(es) of owner(s) of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Koinonia, LLC, David J. Brown, Manager, c/o Bootjack Management Co., 12500

11 E. Hwy. 160, Pagosa Springs, Colorado 81147. G. Prayers For Relief 1. Applicants request a decree granting the new absolute and conditional ground water, surface water, storage, and direct flow rights described in Sections B, C, and D of this Application. For any conditional water rights requested by this Application that are put to beneficial use during the pendency of this Application, Applicants seek a decree awarding absolute water rights for those structures. 2. Applicants request a decree approving the Plan for Augmentation described in Section E of this Application. 3. Applicants request that the Court, upon granting a decree for the Plan for Augmentation described in Section E, terminate the Plan for Augmentation decreed in Case No. 83CW144. 4. Applicants request a decree making absolute the conditional water rights described in Section F of this Application, and correcting the decreed POD of the Wolf Creek Village Well #1. 5. Applicants further request such additional relief as the Court deems necessary and appropriate to further the purposes of the rights requested herein. (40 pages)

06CW81 LA PLATA COUNTY, LA PLATA WATER DISTRICT NO. 33, Amended Application for Change of Water Right 1. Applicant: John D. Varis Revocable Trust, 10506 County Road 250, Durango, Colorado 81301 2. Attorney: James C. Anesi, 2023 Main Avenue, Suite A, Durango, Colorado 81301; (970) 247-8720. 3. Structure or Plan: Water Rights, Surface and Pond Storage. 4. Type of Application: Change of Use by adding additional uses to Ambold Ditch No. 2. 5. Drainage Basin: Animas, La Plata County, Colorado. 6. Location: Ambold Ditch point of diversion A. NW1/4, SW1/4 Section 30, Township 37N, Range 8W, N.M.P.M., La Plata County, Colorado, northing 4147523 and easting 252404.1 7. Type of Use: Add uses of continuous pond storage and continuous refill of pond to replace evaporation for recreational and piscatorial uses. The pond has approximately 0.28 acres of surface area and 0.2 acre feet of capacity. Priority Date Sought: June 1, 2006 adjudication date; December 10, 1993 appropriation date. 8. Type of Structure: Ditch and Pond. 9. Quantity: 0.5 c.f.s. 10. Additional Information: The pond on the property has existed for a number of years when the Applicant purchased the property in 1993. Nothing is sought in the change of the point of diversion but merely adding additional uses to reflect historic uses over the 20 year period. (3 pages)

06CW82 LA PLATA COUNTY, LA PLATA WATER DISTRICT NO. 33, Amended Application for Change of Water Right 1. Applicant: Ronald W. Pettigrew and Janet L. Pettigrew, 11060 County Road 250, Durango, Colorado 81301 2. Attorney: James C. Anesi, 2023 Main Avenue, Suite A, Durango, Colorado 81301; (970) 247-8720. 3. Structure or Plan: Water Rights, Surface and Pond Storage. 4. Type of Application: Change of Use by adding additional uses to Ambold Ditch

12 5. Drainage Basin: Animas, La Plata County, Colorado. 6. Location: Ambold Ditch point of diversion A. SW ¼ SW ¼ Section 30, Township 37N, Range 8W, N.M.P.M., La Plata County, Colorado, northing 4147512 and easting 252392.1 7. Type of Use: Add uses of continuous pond storage and continuous refill of pond to replace evaporation for recreational and piscatorial uses. The pond has approximately 0.1 acres of surface area and 0.5 acre feet of capacity. Priority Date Sought: June 1, 2006 adjudication; November 1, 1990 appropriation date 8. Type of Structure: Ditch and Pond. 9. Quantity: 0.167 cfs 10. Additional Information: The pond on the property has existed for a number of years when the Applicant purchased the property in 1990. Nothing is sought in the change of the point of diversion but merely adding additional uses to reflect historic uses over the 20 year period. (4 pages)

06CW83 LA PLATA COUNTY, LA PLATA WATER DISTRICT NO. 33, Amended Application for Change of Water Right 1. Applicant: Dan Hopper and Karen Hopper, Post Office Box 3188, Durango, Colorado 81301 2. Attorney: James C. Anesi, 2023 Main Avenue, Suite A, Durango, Colorado 81301; (970) 247-8720. 3. Structure or Plan: Water Rights, Surface and Pond Storage. 4. Type of Application: Change of Use by adding additional uses to Ambold Ditch No. 2. 5. Drainage Basin: Animas, La Plata County, Colorado. 6. Location: Ambold Ditch No. 2 point of diversion NW1/4 of SW ¼ of Section 30, Township 37N, Range 8W, NMPM, La Plata County, Northing 4147523, Easting 252404.1 7. Type of Use: Add uses of continuous pond storage and continuous refill of pond to replace evaporation for recreational and piscatorial uses. The Upper Koi Pond has approximately 0.04 acres of surface area, and the Lower Koi Pond has approximately 0.01 surface acres, and the Middle Koi Pond has approximately 0.1 surface acres, domestic uses and commercial uses associated with botanical garden, visitor center, watering of plants, landscaping, and water features. Priority Date Sought: June 1, 2006 adjudication; June 1, 1987 appropriation date. 8. Type of Structure: Ditch and Pond. 9. Quantity: 0.83 c.f.s. 10. Additional Information: The pond on the property has existed for a number of years when the Applicant purchased the property in 1990. Nothing has changed upon the diversion but merely adding additional use as reflected in historic uses over the 20 year period. (4 pages)

2006CW86, Application for Conditional Underground Water Right (Amended), Animas Water Company, La Plata County, P.O. Box 1012, Durango, CO 81302, by counsel Nancy Agro, McDaniel, Baty, Miller, Agro & Robbins, LLC, 1040 Main Avenue, Durango, CO 81301, (970)

13 247-1113; School Wells #1 and #2, Wells will be drilled on the property located in the SE/4 NE/4 Section 10, Township 36 North, Range 9 West, N.M.P.M on Tract A Mennon Minor Exempt 93- 69, 373 Hermosa Meadows Road, Durango, Colorado 81301; Source: Groundwater tributary to Animas River; Date of Appropriation: October 8, 2004, Amount claimed: 2.0 c.f.s., conditional, Proposed Use: All uses associated with a rural water system including but not limited to domestic, in-house use, commercial, industrial, lawns and gardens, orchards, livestock, fire flow, recreation, fishery, evaporation from and filling of small ponds and water features, storage at an offstream location associated with water treatment facilities, exchange with other treated water systems, and other beneficial uses; Place of Use: The water will be used in the AWC service area. Grush Wells #1 and #2, Wells will be drilled on the property located in the SW/4 NE/4 Section 10, Township 36 North, Range 9 West, N.M.P.M also known as 87 Mettal Lane; Source: Groundwater tributary to Animas River; Date of Appropriation: October 8, 2004; Amount claimed: 2.0 c.f.s., conditional; Proposed Use: All uses associated with a rural water system including but not limited to domestic, in-house use, commercial, industrial, lawns and gardens, orchards, livestock, fire flow, recreation, fishery, evaporation from and filling of small ponds and water features, storage at an offstream location associated with water treatment facilities, exchange with other treated water systems, and other beneficial uses. Place of Use: The water will be used in the AWC service area. This Application is intended to substitute or serve as an alternate location for certain conditional water rights requested in previous AWC applications This application is not intended to increase the amount of conditional water rights previously requested. Upon decree in this matter, certain conditional water rights will be relinquished or stated as alternative points of diversions, such that the total amount of conditional water rights decreed to the Animas Water Company will not exceed that previously requested. (4 pages)

06CW93 CONCERNING THE APPLICATION FOR WATER RIGHTS (AMENDED) ROBERT E. POPE AND CONSTANCE W. POPE, TRUSTEES OF THE POPE FAMILY TRUST DATED FEBRUARY 1, 1981, IN LA PLATA COUNTY This Amendment is made to change the name of the ditch from the Sullivan Wallace Ditch to Elbert No. 1 Ditch as the water source, which point of diversion, pursuant to the original Decree is as follows: That the headgate of said ditch is located on the west bank of an arm of the Rio Las Animas referred to as an “old river channel” and as a “mill race,” and sometimes as “Stephens Creek,” a tributary of the Rio Las Animas, from which said stream, river channel, mill-race or creek, said ditch derives and diverts its supply of water, at a point approximately 775 feet southeast of the Northwest Corner of the Northwest Quarter of Section Thirty-one (31), and approximately 975 in a northeasterly direction from the Southwest Corner of the Northwest Quarter of the Northwest Quarter of said Section Thirty-one (31), all in Township Thirty-seven (37) North Range Eight (8) West of the N.M.P.M. Name, address, and home telephone number of applicant(s): Robert E. Pope and Constance W. Pope, Trustees of the Pope Family Trust dated February 1, 1981 P. O. Box 2114 Durango, Colorado 81302 (970) 259-0412

14 Decreed name of structure for which change is sought: Sullivan-Wallace Ditch Indicate type: Ditch From previous Decree: Date Entered: November 8, 1923 Case No: CA1751 Court: Division 7 Decreed point of diversion: See introductory paragraph above, and as per the map attached to the Amended Application filed with the Court. Source: Animas River Appropriation Date: April 2, 1879 Amount: Those amounts set forth in the deed attached to the Amended Application filed with the Court. Historic use: (include a description of all water rights to be changed, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist.) Irrigation water from the water right is delivered into a pond where water is stored for irrigation use on the applicant’s property. This application does not include a change in the point of diversion. The point of diversion for Elbert No. 1 Ditch is as set forth above. If a change in point of diversion, please provide legal description, and include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate ¼ ¼, section number, township, range and meridian; include map. The location may include UTM coordinates based on Zone 12 or 13, measured in meters, and NAD83 datum. In urban areas, include street address, lot, block, and subdivision: N/A Optional Additional Description: N/A Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use. If well, please list pertinent information from the well permit and provide full descriptions for the following. (b) location; (c) use; (d) amount; (e) give proposed plan for operation. The proposed change for the Elbert No. 1 Ditch water rights owned by the applicant is to add the purposes of continuous pond storage and continuous refilling of the pond to replace evaporation for recreation and piscatorial and fire fighting. The pond has approximately 0.1 acres of surface area and 0.5 acre-feet of capacity. The added purposes would not have the original Ditch priorities but a 2006 adjudication date and June 1, 1995 appropriation date. There would not be a change in the point of diversion. The pond is located at 13S 0252606 East, 4146241 North. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Robert E. Pope and Constance W. Pope, Trustees of the Pope Family Trust dated February 1, 1981 P. O. Box 2114 Durango, Colorado 81302 (970) 259-0412 Frank J. Anesi, Atty for Applicants P. O. Box 2185 Durango, CO 81302 (970) 247-9246 All uses and the pond are located on the applicant’s property. (6 pages)

06CW94 Kenneth E. Millette, 2200 C. R. 335, Pagosa Springs, CO 81147; Millette Pump #1; Archuleta County; NW1/4NE1/4, Section 32, T34N, R1W, N.M.P.M., 1150 feet from N and 1690 feet from NE corner of Section 32, Northing 4112994, Easting 324823, Zone 13, Rio

15 Blanco Valley Subdivision 2, Lots, 13A, B and C; Rio Blanco; Date of initiation of appropriation, July 1, 2006; Appropriation initiated by irrigating with sprinkler system; Date applied to beneficial use, July 1, 2006; Irrigation of 4.787 acres; .10 cfs Absolute; Application for Water Rights (Surface) (3 pages)

06CW95 THE STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE AND WILDLIFE COMMISSION – FORD DITCH, IN ARCHULETA COUNTY, COLORADO, APPLICATION FOR CHANGE OF WATER RIGHT TO CORRECT DECREED POINT OF DIVERSION. 1. Name, address, telephone number of applicant: Colorado Division of Wildlife, and Wildlife Commission (“DOW”), 6060 Broadway, Denver, CO 80216, (303) 297-1192, c/o Devin Odell, Assistant Attorney General, Natural Resources Section, Attorneys for Colorado Division of Wildlife and Wildlife Commission, 1525 Sherman Street, 7th Floor, Denver, Colorado 80203. Telephone: (303) 866-5017. Fax (303) 866- 3558. 2. Decreed name of structure for which change is sought: Ford Ditch. 3. From Previous Decree: A. Date Entered: November 13, 1912, Case NO. CA0308, Court: Archuleta County District Court. B. Decreed point of diversion: in the SW ¼ of the SE ¼ of Section 12, in T34N, R4W, N.M.P.M. at appoint 75 yards South and East of the NW corner of the SW ¼ of the SE ¼ of S12 (see map attached hereto as Exhibit A). C. Source: Devil Creek (in the original decree the supply of water stated as “Angel Creek, formerly called Devil Creek”). D. Appropriation Date: May 25, 1902, Amount: 3 cubic feet of water per second (CFS) E. Historic use: Not applicable. 4. Proposed change: This application does not seek to change any portion of the decreed amount, use, or place of use of this water right. The original decree incorrectly states the point of diversion. The present and historic point of diversion, as recognized by the Division Engineer and Water Commissioner, is located 660 ft from the east section line; 1,405 ft from the south section line in the NE ¼ of the SE ¼ of the SE ¼ of Section 12, Range 4 West, Township 34 North, N.M. P.M. (Northing: 4122448 Easting: 299633, UTM NAD83 Zone 13-N). 5. Name and address of owners of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Colorado Division of Wildlife, and Wildlife Commission, 6060 Broadway, Denver, CO 80216, (303) 297- 1192. WHEREFORE, Applicant requests the entry of a decree approving this application, including the corrected location of the point of diversion for Ford Ditch. (4 pages)

06CW96; La Plata County, Water District No. 30: 1) Applicant: Peter Johnston and Maren Moebius. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: Spring Canon Ditch; Johnston Pond (“the Pond”). 4) Type of Application: Application for change of water rights and new surface and storage rights (“Application”). 5) Drainage Basin: Spring Canon Ditch diverts from springs and seepage water in Big Spring Canyon, tributary to Florida River, tributary to Animas River. The Pond fills from Florida River water via the Brown Ditch, and springs and surface flows arising on or entering the Property. 6) Locations: Original point of diversion for Spring Canon Ditch is the West bank of Big Spring Canyon being spring and seepage water developed in said canyon for a distance of 3000 feet northerly from the headgate thereof, whence the NW corner of Section 17, T33N, R9W, NMPM, bears N45°04'W, 1596.90 feet. The decreed alternate point of diversion for Spring Canon Ditch is on the East Section Line, 2000 feet North of the SE corner of Section 18, T33N, R9W, NMPM. Applicant proposes to change the point of diversion for Spring

16 Canon Ditch to the diversion of the Brown Ditch, at a point whence the Southwest corner of Section 17, T33N, R9W, NMPM, bears South 43°47'30" West, 1431.6 feet, as shown on Exhibit B of the Application. The Pond is located in the NW1/4NW1/4, Section 20, T33N, R9W, NMPM, approximately 597 feet from the West Section line and 1140 feet from the North Section line, as shown on Exhibit A-1 of the Application. 7) Type of Uses: Spring Canon Ditch uses will include decreed uses of irrigation and stockwatering, as well as filling and refilling the Pond for use in connection with the decreed purposes. The Pond uses will include irrigation, stockwatering, recreation, aesthetics, piscatorial use, wetlands, wildlife habitat, fire protection, and augmentation. All water has historically been, and will continue to be, used on Applicant’s property located in the W1/2NW1/4, Section 20, T33N, R9W, NMPM, as shown on Exhibit A of the Application ("the Property"). 8) Amount: Spring Canon Ditch: 2.0 cfs absolute; Pond: 16.5 acre feet absolute. 9) Appropriation Dates: March 12, 1921, with Priority No. 1965-26 for Spring Canon Ditch. Applicant will use its Brown Ditch water right decreed for 0.50 cfs in Case No. B-1751 (Priority 1965-5) and its water under Spring Canon Ditch, changed to the Brown Ditch, to fill the Pond for irrigation and stockwatering under the priorities of those water rights. Additional uses, which include recreation, aesthetics, piscatorial use, wetlands, wildlife habitat, fire protection, and augmentation shall be a new water right with a 2006 priority and a May 1, 1962 appropriation. 10) Additional Information: See Application. (8 pages)

06CW97; La Plata County, Water District No. 30: 1) Applicant: The Grouse Gulch Group , LLC. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: Hewett POD#s 1-4 (“the PODs”); Hewett Ponds (“the Ponds”). 4) Type of Application: Application for new surface and storage water rights (“Application”). 5) Drainage Basin: Hewett POD#s 1-3 are located on Grouse Gulch, tributary to the Animas River. Hewett POD# 4 is located at an existing portal, tributary to Grouse Gulch, as shown on Exhibit A of the Application. The Ponds will fill from the PODs and springs and surface flows arising on or entering the Property. 6) Locations: The PODs are located in Sections 7 and 8, T42N, R6W, NMPM, San Juan County, CO, as approximately shown on Exhibit A, and more particularly described by GPS coordinate in the Application (“the Property”). The Ponds will be located on the Property with specific locations provided when Applicant files for absolute water rights. 7) Type of Uses: The PODs are for domestic use for up to 28 homes; irrigation of 0.67 acres, including lawn and garden and landscaping; stock and wildlife watering; recreation; aesthetics; fire protection; augmentation; piscatorial; and, the filling and refilling of 1 acre of ponds/water features for the aforementioned uses. The Ponds are for domestic use for up to 28 homes; irrigation of 0.67 acres, including lawn and garden and landscaping; stock and wildlife watering; recreation; aesthetics; fire protection; augmentation; and, piscatorial. All uses will occur on the Property. 8) Amounts: POD #1 is 40 gpm (0.089 cfs) conditional; POD #2 is 45 gpm (0.10 cfs) conditional; POD #3 is 15 gpm (0.033 cfs) conditional; and, POD #4 is 5 gpm (0.011 cfs) conditional. The combined total capacity of the Ponds is 5 acre-feet conditional, with the right to fill and refill. 9) Appropriation Dates: June 1, 1999 for the PODs and the Ponds. 10) Additional Information: See Application. (7 pages)

06CW98 LA PLATA COUNTY, APPLICATION FOR WATER RIGHTS OF PUBLIC SERVICE COMPANY OF COLORADO, d/b/a XCEL ENERGY, INC., ON CANYON CREEK, TRIBUTARY TO THE ANIMAS RIVER 1. Applicant: Public Service Company

17 of Colorado, d/b/a Xcel Energy (“PSCo”), Water Resources, 4653 Table Mountain Drive, Golden, Colorado 80403, (720) 497-2125. Attorney: Brian M. Nazarenus, Esq. , Carolyn F. Burr, Esq., Olivia D. Lucas, Esq., Ryley, Carlock and Applewhite, 1999 Broadway, Suite 1800, Denver, Colorado 80202, (303) 863-7500. 2. Introduction: Applicant PSCo has historically diverted five (5) cubic feet per second from Canyon Creek for use at its Tacoma Station Hydroelectric Facility. This Application seeks a decree to make this historic use absolute. A map of the point of diversion and associated water facilities is attached hereto as Exhibit A. 3. Claim for Appropriation 3.1 Name of Structure. PSCo Canyon Creek Pipeline. 3.2 Legal Description. The diversion point is located in the Southwest ¼ of the Northwest ¼ of Section 32, Township 38 North, Range 8 West of the N.M.P.M., at a point whence the Northwest Corner of Section 31, Township 38 North, Range 8 West of the N.M.P.M. bears North 67°45'58" West a distance of 6212.69 feet. 3.3 Source. Canyon Creek, tributary to the Animas River. 3.4 Appropriation Date. June 7, 1906. 3.5 How Appropriation Was Initiated. Tacoma Station was brought on-line on June 7, 1906, and water from the Canyon Creek Diversion was used in the Station’s functioning from that date forward. 3.6 Amount. 5 cubic feet per second, absolute. 3.7 Uses. Lawn and garden irrigation of less than one acre of land on station grounds, domestic, station service water (industrial purposes related to hydropower production, including cooling of bearings and transformers and washing of station equipment), and fire protection. 4. Names and Address of Owners of Land on Which Structures Are Located. 4.1 Applicant Public Service Company of Colorado, d/b/a Xcel Energy, Inc. WHEREFORE, PSCo requests the Court grant the claim contained in this Application and enter a Decree awarding PSCo an absolute water right for the PSCo Canyon Creek Pipeline at a rate of 5 cubic feet per second. (4 pages)

06CW99 Application for Conditional Water Rights of La Plata County in La Plata County, Colorado. Applicant: La Plata County, 1060 East 2nd Avenue, Durango, CO 81301. Telephone (970) 382-6211. c/o Douglas M. Sinor, Esq. and Peggy E. Montano, Esq., Trout, Raley, Montano, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203. Telephone: 303-861-1963. E-mail: [email protected] and [email protected]. Background: La Plata County is filing this application to secure water for use in the future growth and development of the County in the Animas River basin upstream of the City of Durango’s claim for Recreational In Channel uses in Case. No. 06CW9. The water claimed is solely for uses within the County boundaries. Description of water rights quantities, uses and locations: La Plata County Water Right No. 1: La Plata County claims a conditional water right from the Animas River and its tributaries at a depletive flow rate of up to 6 cfs. The water will be diverted upstream of the point in the Animas River which point is located as follows: 2540 feet east of the West line and 50 feet south of the North line of Section 16, Township 35 North, Range 9 West of the 6th Principal Meridian, in La Plata County. The combined net depletions associated with the future uses of this water right above this point will not exceed 6.0 cfs. La Plata County Water Right No. 2: La Plata County claims a conditional water right from Junction Creek and its tributaries at a depletive flow rate of up to 1.0 cfs. The water will be diverted upstream of the point in Junction Creek which point is located as follows: 2515 feet east of the West line and 1360 feet south of the North line of Section 20, Township 35 North, Range 9 West of the 6th Principal Meridian, in La Plata County. The combined net depletions associated with the future uses of this water right above this point will not exceed 1.0 cfs. La Plata County Water Right No. 3: La Plata County claims a conditional water right from Lightner Creek and its tributaries at a

18 depletive flow rate of up to 2.0 cfs. The water will be diverted upstream of the point in Lightner Creek which point is located as follows: 1050 feet east of the West line and 200 feet south of the North line of Section 25, Township 35 North, Range 10 West of the 6th Principal Meridian, in La Plata County. The combined net depletions associated with the future uses of this water right above this point will not exceed 2.0 cfs. The water being appropriated will be used year round for depletions associated with irrigation both agricultural and lawn, domestic, livestock, domestic animal uses and commercial uses. La Plata claims direct use, use by storage and/or use by augmentation. The County also claims alternate points of diversion for La Plata County Water Right No. 1 which will be located at any points upstream of the diversion point stated in the paragraph 3 above that are in and tributary to the Animas River and its tributaries as located in La Plata County as shown in Exhibit A attached to the application. The cumulative depletive rate for all of the La Plata County Water Right No. 1 alternate points shall not exceed 6 cfs. The County also claims alternate points of diversion for La Plata County Water Right No. 2 which will be located at any points upstream of the diversion point stated in the paragraph 3 above that are in and tributary to Junction Creek and its tributaries as located in La Plata County as shown in Exhibit A attached to the Application. The cumulative depletive rate for all of the La Plata County Water Right No. 2 alternate points shall not exceed 1 cfs. The County also claims alternate points of diversion for La Plata County Water Right No. 3 which will be located at any points upstream of the diversion point stated in the paragraph 3 above that are in and tributary to Lightner Creek and its tributaries as located in La Plata County as shown in Exhibit A attached hereto which is incorporated by reference herein. The cumulative depletive rate for all of the La Plata County Water Right No. 3 alternate points shall not exceed 2 cfs. Source: Groundwater and/or surface water in the Animas River drainage. Appropriation Date: July 1, 1997. How the appropriation was initiated: La Plata County Planning Commission adopted a county master plan for the applicable portions of the county by a series of resolutions after a public process and certified the master plan to the Board of County Commissioners the latest of which was on July 1, 1977. The water is solely for use within the county boundaries. (6 pages)

06CW100 (00CW20, 92CW54) Edythelma Sattley, 16601 Rd. 25, Dolores, CO 81323: Edythelma Spring; Dolores County; NW1/4NE1/4, Section 9, T41N, R13W, N.M.P.M., 1050 feet from N and 2200 feet from E; Date of original decree, 12-31-1982; Case No. 82CW86; Disappointment Creek; appropriation date, 8-11-1982; Work performed towards completion of project outlined in detail in application; 0.6 cfs; Application for Finding of Diligence (3 pages)

CASE NO. 06 CW 101 APPLICATION FOR WATER RIGHTS (SURFACE) & FOR STORAGE WATER RIGHTS Attorney for Applicant: Law Office of David Liberman, LLC 1099 Main Ave, Suite 312 Durango, CO 81301 Telephone No.: (970) 375-6265 Facsimile No.: (970) 375-2350 E - mail: dliberman @animas.net Registration No.: 23284

19 A. APPLICATION FOR WATER RIGHTS SURFACE, LINDEN PUMP ENLARGEMENT: 1. Name, address, and home telephone number of applicants: Marc Linden and Kaye Linden 320 Animas Springs Durango, CO 81301 (970) 375-7784 2. Type and Name of structure: pump from Animas River, called Linden Pump Enlargement 3. Legal description of each point of diversion: Located in the SE1/4 of the NE1/4 of Section 25, Twp. 37 N., R. 9 W, NMPM. It is 1900 Feet S of the N Section line of Section 25 and 1100 Feet W of E Section line of Section 25 4. Source: (tributary and river) Animas River 5. A. Date of initiation of appropriation: August 5, 2005 B. How appropriation was initiated: Installed new pump C. Date water applied to beneficial use: August 5, 2005 6. Amount claimed: 0.08cfs, Absolute 7. Use or proposed use: Irrigation, settling and operational storage, evaporation, piscatorial, aesthetic A. If irrigation, complete the following: Number of acres historically irrigated 2.8; proposed to be irrigated 5.4. Legal description of acreage: S ½ of the NE ¼ Section 25, T37N, R9W NMPM B. If non-irrigation, describe purpose fully. In addition to irrigation, it provides water supply for 3 ponds (Linden Pond1, Linden Pond 2, Linden Pond 3), and uses include piscatorial, aesthetic, evaporation, settling and operating storage for irrigation pump. 8. Diversion and structures are located on land of applicants whose names and address are as set forth above. 9. Remarks: Enlargement of diversion rate and new uses in addition to those decreed in District Court, Water Division 7, Colorado, Case No. 01CW60. Current total diversion rate equals 0.12 cfs (55 gpm). B. APPLICATION FOR WATER STORAGE RIGHTS, LINDEN POND 1, LINDEN POND 2, LINDEN POND 3. 1. Name, address, and home telephone number of applicant(s): See paragraph A. 1 above. 2. Name of Reservoir: Linden Pond 1, Linden Pond 2, Linden Pond 3 3. Legal description of location of dam: (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate ¼ ¼, section number, township, range and meridian; include map). Linden Pond 1, Linden Pond 2, and Linden Pond 3 are all located in La Plata County, CO in the SE1/4, of the NE 1/4 of Section 25, Twp, 27N, R. 9W, NMPM. Linden Pond 1 is located 1740 feet S of N Section Line of Section 25 and 1130 feet W of E Section Line of Section 25. Linden Pond 2 is located 1800 feet S of N Section Line of Section 25 and 1160 feet W of E Section Line of Section 25. Linden Pond 3 is located 1920 feet S of N Section Line of Section 25 and 1140 feet W of E Section Line of Section 25.

20 4. Name(s) of Ditch(es) and capacity: Linden Pump Enlargement, currently 55 gpm piped from pump to ponds. It is located in the SE 1/4 of the NE1/4 of Sec. 25, Twp. 37 N., R. 9W, N.M.P.M. and is 1900 Feet S from N Section line and 1100 Feet W from E Section line. 5. Source is River: Animas River 6. A. Date of appropriation: April 30, 2000 B. How appropriation was initiated: Ponds were constructed. C. Date water applied to beneficial use: April 30, 2000 7. Amount claimed: A. The storage rights are Absolute Linden Pond 1 is 0.04 surface acres, 0.12 AF. Linden Pond 2 is 0.06 surface acres and 0.21 acre feet. Linden Pond 3 is 0.04 surface acres and 0.15 acre feet. B. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 0.12 cfs, Absolute 8. Use: A. If irrigation, complete the following: (1) Number of acres historically irrigated: 2.8 (2) Total number of acres proposed to be irrigated: 5.4 Legal description of acreage irrigated or to be irrigated: S 1/2 NE ¼ Section 25, 37 N, 9W NMPM. B. If non-irrigation, describe purpose fully: Operational storage and settling, piscatorial, aesthetic, evaporation. 9. Surface area of high water line: see paragraph 7. A. A. Maximum height of dam in feet: N.A., the ponds were excavated B. B. Length of dam in feet: N.A., the ponds were excavated 10. Total capacity of reservoir in acre feet: See paragraph 7.A. Active capacity: Linden Pond 1 and Linden Pond 2 have no active capacity. Linden Pond 3 has .15 AF of Active capacity. Dead storage: Linden Pond 1 has .12 AF dead storage, Linden Pond 2 has .21 AF dead storage, and Lindin Pond 3 has no dead storage. 11. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Diversion and structures are located on land of applicants whose names and address are as set forth above. Identify where dam is located and land within high water line: See figure 1 attached to application. 12. Remarks or any other pertinent information: Ponds were constructed prior to April 2000 and are located well above the Animas River. They are off channel, lined, and do not intercept groundwater. The ponds are excavations into the surrounding grade, and are non-jurisdictional. Water is pumped into Pond No. 1 from the Linden Pump and Linden Pump Enlargement. Water is conveyed by lined open channel from Linden Pond No. 1 into Linden Pond No. 2 and then into Linden Pond No. 3. The irrigation pump is located in Linden Pond No. 3. Excess water from Pond No. 3 is conveyed via an open channel back into the Animas River. The ponds are stocked with fish.

21 The ponds and the open channel between the ponds are landscaped and provide aesthetic, piscatorial use and suffer evaporation. The purpose is to add storage to water rights and an enlargement of the pump decreed in Water Division 7, Case No. 01CW60. C. APPLICATION FOR WATER RIGHTS SURFACE, LINDEN THERMAL SPRING: 1. Name, address, and home telephone number of applicant(s): See paragraph A.1. above. 2. Name of structure: Spring - Linden Thermal Spring 3. Legal description of each point of diversion: It is located in La Plata county in the SW 1/4 of the NE 1/4 of Section 25, Twp. 37 N., R. 9 W, NMPM, and is 1565 Feet S of N. Section line and 1395 Feet W of E. Section line. 4. Source: spring tributary to Animas River 5. A. Date of initiation of appropriation: April 30, 2000 B. How appropriation was initiated: Made improvements to Linden Thermal Spring C. Date water applied to beneficial use: April 30, 2000 6. Amount claimed: 0.11cfs, Absolute 7. Use or proposed use: Recreation (conditional), Thermal Heating (conditional), Aesthetic (absolute). A. If irrigation, complete the following: Number of acres historically irrigated N.A.; proposed to be irrigated N.A. Legal description of acreage: N.A. B. If non-irrigation, describe purpose fully. Uses include recreation for a swimming pool and spa, thermal heating of structures including a green house, Japanese style garden and structures, and residential. 8. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Diversion and structures are located on land of applicants whose names and address are as set forth above. (7 pages)

06CW102; La Plata County, Water District No. 30: 1) Applicant: Durango Commercial Development, LLC. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: Tyner East Side Ditch, Tyner West Side Ditch, and Dashner #1 Ditch (existing ditches) (collectively “the Water Rights”); DCD POD#s 1-5 (surface diversions); DCD Storage Facilities (ponds and storage tanks); DCD Wells 1-5. 4) Type of Application: Application for change of water rights, new surface and groundwater rights, and plan for augmentation (“Application”). 5) Drainage Basin: The Water Rights, DCD POD#s 1-5, and DCD Storage Facilities divert from the Florida River Basin, tributary to the Animas River. The DCD Wells 1-5 are tributary to the Florida River. 6) Locations: Tyner East Side Ditch diverts from the East bank of the Florida River, at a point whence the Northwest Corner of the SW1/4 of the NW1/4 of Section 17-U T34N, R8W, NMPM bears North 3° 27' 3000.5 feet. Tyner West Side Ditch diverts from the West bank of the Florida River, at a point whence the Northwest Corner of the SE1/4 of the NW1/4 of Section 17-U T34N, R8W, NMPM bears North 23° 46', 694.5 feet. Dashner #1 Ditch diverts at a point 4,200 feet from the West section line and 2,310 feet from the South section line of Section 19, T34N, R8W, NMPM. The DCD POD#s 1-5 include up to five new surface diversion points from the Florida

22 River to be located on Applicant’s property, within the NW1/4 and NE 1/4 of Section 30, T34N, R8W, NMPM, as shown on Exhibit A of the Application (the “Property”), with specific legal descriptions to be supplied when Applicant files for absolute water rights. The DCD Storage Facilities will be constructed on the Property with specific legal descriptions provided when Applicant files for absolute water rights. The DCD Wells 1-5 will be drilled on the Property with specific legal descriptions identified at the time of permitting, and provided when Applicant files for absolute water rights. 7) Type of Uses: Applicant proposes to change the uses of the Water Rights to include commercial and industrial use, domestic use, recreation, aesthetics, fire protection, wildlife habitat, piscatorial uses, wetlands, and augmentation, while continuing existing uses of irrigation (including lawn and garden, irrigation and landscaping) and stockwatering; and the filling and refilling of storage ponds and or tanks for the aforementioned uses. The DCD POD#s 1-5 include domestic use, commercial and industrial use, recreation, aesthetics, landscaping, fire protection, wildlife habitat, piscatorial uses, augmentation, and the filling and refilling of storage ponds and or tanks for the aforementioned uses. The DCD Storage Facilities include irrigation, stockwatering, domestic use, commercial and industrial use, recreation, aesthetics, landscaping, fire protection, wildlife habitat, piscatorial uses, and augmentation. The DCD Wells 1-5 include recreation, aesthetics, landscaping, fire protection, wildlife habitat, piscatorial uses, augmentation, and the filling and refilling of the storage facilities for the aforementioned uses. All uses will occur on the Property. 8) Amounts: Tyner East Side Ditch: 1.0 cfs absolute; Tyner West Side Ditch: 9/16 (0.5625) cfs absolute; Dashner #1 Ditch: 1.0 cfs absolute. The combined total for the DCD POD#s 1-5 will be between 2.0 cfs and 4.0 cfs conditional as new water rights, in addition to any absolute amount diverted from the Water Rights as alternate points of diversion. The final amount of DCD POD#s 1-5 decreed will depend on the amount of the Water Rights approved for change. Applicant can place to beneficial use 4.5 cfs total through a combination of the Water Rights and DCD POD#s 1-5. DCD Storage Facilities: 30 acre feet absolute when filled from the Water Rights, and conditional as to any filling from the new surface rights or new groundwater rights, with the right to fill and refill (Applicant anticipates it may need at least three fills annually). DCD Wells 1-5: 350 gpm (0.78 cfs) conditional when diverted under the new groundwater rights, and 350 gpm absolute when diverted as alternate points of diversion for the Water Rights; to be diverted through any combination of the Wells. 9) Appropriation Dates: Tyner East Side Ditch is July 24, 1918 (F- 96). Tyner West Side Ditch is July 26, 1918 (F-97). Dashner # 1 Ditch is January 24, 1983. DCD POD#s 1-5 shall have a 2006 priority, with an appropriation date of July 1, 2004 as new surface rights and a priority equal to the Water Rights when used as alternate points of diversion for the Water Rights. The DCD Storage Facilities shall have the same priorities as the Water Rights, when filled from the Water Rights; and shall have a priority of July 1, 2004 when filled from the new surface rights, new groundwater rights, or other sources. The DCD Wells 1-5 shall have the same priority as the Water Rights, when used as alternate points of diversion for the Water Rights, and a 2006 priority, with an appropriation date of July 1, 2004, when diverting as new groundwater rights. 10) Change of Water Rights: Applicant proposes to divert the Water Rights from the Florida River through the existing points of diversion, and/or through ten alternate points of diversion on the Property, including the DCD POD#s 1-5 and the DCD Wells 1-5. The new uses will be those outlined above. Applicant has historically irrigated 74.1 acres within the Property, resulting in annual historic consumptive use of 90.08 acre-feet. See Exhibit B of Application. As the Property is developed and the new uses are employed, Applicant will

23 dry up historic irrigated land (except for land that will remain in irrigation), resulting in consumptive use credits that Applicant will apply to the new uses according to the assumptions described in Section 2(d) of the Application. 11) Plan for Augmentation: Historically, the Florida River (“River”) in the vicinity of the Property has not gone on call and augmentation has been unnecessary. In the event of a future call senior to Applicant’s water rights, Applicant will replace any out of priority depletions through releases from the DCD Storage Facilities into the River, which Applicant will fill in priority from the DCD POD#s 1-5; the DCD Wells 1-5; and springs and surface flows in the vicinity of the storage facilities. In the alternative, Applicant can leave a portion of the Water Rights in the River equal to the amount of any out of priority depletions. The amount of water to be released during a call period will be determined by Applicant’s reporting of water uses, and by applying the depletion assumptions for such uses as set forth in Section 2(d)(iv) of the Application (See also Exhibit B of the Application). Releases can be made on a weekly basis, or such other time period required by the Division Engineer to protect senior water users during a call period. If there were a call on the Florida River in the future, it would most likely occur in the winter. As described on Exhibit B attached to the Application, Applicant’s in-house depletions for the period from November through March are 7 acre-feet. Evaporation from the DCD Storage Facilities during that same period is estimated at 3.26 acre-feet. The DCD Storage Facilities will store up to 30 acre-feet in priority, and thus would provide more than sufficient augmentation water to replace any out-or-priority winter depletions, after accounting for winter evaporation. 12) Additional Information: See Application. (13 pages)

06CW103 Harold Baxstrom, 3555 C. R. 307, Durango, CO 81303: Cedar Spring #1 and #2; La Plata County; #1, SE1/4SE1/4, Section 35, T34N, R9W, N.M.P.M., 1250 feet from S and 1300 feet from E and #2, NW1/4, Section 35, T34N, R9W, N.M.P.M., 1775 feet from S and 1800 feet from E; Date of original decree, February 2000, Case No. 00CW5; Springs tributary, Cottonwood Creek, tributary to Florida River; Appropriation date, January 2000; Date applied to beneficial use, July 1999; Work performed towards completion of project outlined in detail in application; Irrigation and stock; .05 cfs; Application to Make Absolute (3 pages)

06CW104 LA PLATA COUNTY, LA PLATA WATER DISTRICT NO. 33 1. Applicant: Fred O. Whitehurst and Mary E. Whitehurst, 9908 County Road 250 Durango, Colorado 81301 (970) 247-8140. 2. Attorney: James C. Anesi, 2023 Main Avenue, Durango, Colorado 81301; (970) 247-8720. 3. Structure or Plan: Water Rights, Surface and Pond 4. Type of Application: Water Right, Surface and Pond 5. Drainage Basin: Animas, La Plata County, Colorado. 6. Location: A. NE ¼ of the NE ¼ of Section 1, Township 36 North, Range 9 West, NMPM, Northing 4145158, Easting 251815. 7. Type of Use: irrigation, continuous filling and storage in ponds for irrigation, piscatorial, fire fighting, and recreation. 8. Type of Structure: Ditch and Pond 9. Quantity: 1 cfs absolute

24 10. Additional Information: Waters from Coon Creek and waste water from Talley Ditch and Sullivan-Wallace Ditch are collected in an existing slough and which the point of diversion is located on the south bank of the said slough. The ditch was constructed from the slough to a pond located on the Applicants’ property. (3 pages)

06CW105 LA PLATA COUNTY, LA PLATA WATER DISTRICT NO. 33 1. Applicant: TAWB, Inc., c/o Ronald Pettigrew, 11060 County Road 250, Durango, Colorado 81301, (970) 247-3857 2. Attorney: James C. Anesi, 2023 Main Avenue, Durango, Colorado 81301; (970) 247-8720. 3. Structure or Plan: Water Rights, Surface and Pond 4. Type of Application: Water Right, Surface and Pond 5. Drainage Basin: Animas, La Plata County, Colorado. 6. Location: A. SE ¼ of the NE ¼ of Section 25, Township 37 North, Range 9 West, NMPM., Northing 4148277, Easting 252259.1 7. Type of Use: irrigation, continuous filling and storage in ponds for irrigation, piscatorial, fire fighting, and recreation. 8. Type of Structure: Ditch and Pond 9. Quantity: 2 cfs absolute 10. Additional Information: The land has been irrigated and ponds filled from the Reid Ditch since 1896 under the terms of the a Contract dated May 1, 1896. The water supply provided under the contract has not been formally converted to shares in the Reid Ditch. It may be eventually determined that the water supply under the Contract is a portion of the existing Reid Ditch water rights, this application is to assure that the water supply for this land has a water right senior to Durango’s Recreation in Channel Diversion water right application in Case No. 06CW09. (3 pages)

06CW106 West Fork Partners, LP, c/o Stephen Cieciuch, P. O. box 932, Telluride, CO 91435: Kendall’s Hideaway and Oxbow Diversion; Dolores County; Kendall’s Hideaway, NE1/4SE1/4, Section 1, T40N, R12W, N.M.P.M., 2640 feet South of Section 31 and 464 feet West of Section 6, Northing 224837, Easting 4183380, Zone 13 and Oxbow Diversion, NE1/4SE1/4, Section 1, T40N, R12W, N.M.P.M., 2665 feet South of Section 31 and 338 feet West of Section 6; West Fork Dolores River; Date of initiation of appropriation, September 15, 2006; Appropriation initiated by installation of a diversion structure into pond and canal gate; Date applied to beneficial use, September 15, 2006; Surface area of high water line, .43 acres; Maximum height of dam in feet, 4.0, length of dam in feet, 625; Total capacity of reservoir in acre feet, 2.20; Active capacity, 1.65 af, dead storage, 0.55 af; Piscatorial, wildlife and fire control; 2.20 af Absolute for Kendall’s Hideaway and 0.50 cfs Absolute for Oxbow Diversion; Application for Storage Right and for Surface Water Rights (6 pages)

06CW107; APPLICATION FOR UNDERGROUND WATER RIGHT. 1) Applicant: ROBINSON ASSOCIATES, INC., 701 Camino Del Rio, Suite 206 Durango, CO 81301 Attorney: David B. Kirkpatrick, 960 E. 2nd Ave., Durango, CO 81301 2) Name of Well: Shenandoah Well, Permit # 34694-F 3) Location: SE1/4NE1/4, Sec 6 T34N, R10W, 1660 ft. S of N line, 535 ft. W of E line. 1073 Colonial Drive Durango, CO 81301 4) Source: 90%

25 groundwater tributary to Animas River, 10% groundwater tributary to La Plata River. Depth: 900 feet 5) Appropriation: May 10, 1980 Well completed, water applied to beneficial use. 6) Amount: 10 AF/year absolute (max of 20 gpm) (9 AF tributary to Animas River, 1 AF tributary to La Plata River) 8) Use: In-house domestic, lawns and gardens, livestock, and small water features for five lots on property on which the well is located. Depletions from the well are augmented to the La Plata River in Case No. 83CW119. 9) Landowner - Applicant 10) Well constructed under Permit No. 34694-F. DWR determined well to be partially tributary to the LaPlata River and a plan for augmentation was decreed to augment La Plata River depletions in Case No. 83CW119. Applicant seeks decree on the Animas River for the 9 AF determined to be tributary to the Animas River basin. Applicant also seeks a decree or confirmation of the 83CW119 decree as to the 1 acre foot determined to be tributary to the La Plata River basin. No change to the La Plata River augmentation plan is being requested. See application (4 pgs) and exhibits. (12 pages)

06CW108; La Plata County, Water District No. 30: 1) Applicant: Caballo Del Hierro, LLC. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: Iron Horse Pond. 4) Type of Application: Application for groundwater rights (“Application”). 5) Drainage Basin: groundwater tributary to Animas River. 6) Location: a pond lying in the SE1/4SE1/4, Section 4, T35N, R9W, NMPM, being 130 feet west of the east Section line and 1,110 feet north of the south section line, as shown on Exhibit A of the Application. 7) Type of Uses: irrigation of 5.5 acres, recreation, aesthetics, piscatorial, and evaporation. All uses will be made on the Iron Horse property, shown on Exhibit A to the Application. 8) Amount: 0.173 cfs for peak evaporation and irrigation from the pond (maximum capacity of pond is 8.04 acre-feet). 9) Appropriation Date: April 26, 2005. 10) Additional Information: See application. (5 pages)

2006CW109, Application for Conditional and Absolute Water Rights (Surface and Storage Rights) in Archuleta County; Applicant: American Real Estate Investors, LLC, 1600 Padre Roberts Road NW, Albuquerque, NM 87107, (505) 345-7066, by Nancy Agro, 1040 Main Avenue, Durango, CO, 81301; New Storage Right: Pond #1, GPS location of dam: N 37° 17.399 W108°58.655; Source: San Juan River; Date of appropriation: January 1, 1981, Date water applied to beneficial use: January 1, 1981, except as to conditional rights; Amount claimed: 4 AF Absolute, with right to fill and re-fill; Rate of diversion in cfs for filling the reservoir: 4 c.f.s. Absolute; Use: Irrigation of 5 acres, recreation, fish, fire protection, waterfall/feature; New Storage Right: Pond #2; dam has same legal description as Pond #1; Source: San Juan River; Date of appropriation: January 1, 1981; Amount claimed: 40 AF Absolute, with right to fill and re-fill; Rate of diversion in cfs for filling the reservoir: 4 c.f.s. Absolute; Use: Irrigation of 5 acres, recreation, fish, fire protection, waterfall/feature; New Surface Right: San Juan River diversion, Legal description of point of diversion: GPS Coordinates: I. Long/Lat N37 17.481', W106 58.723', II. UTM: 13S 0324603, UTM: 4129026; Source: San Juan River, Date of initiation of appropriation: January 1, 1981; Amount claimed: 4 cfs, Absolute; proposed use: Filling of Ponds as described above, and for uses as stated above. (7 pages)

06CW 110: DOLORES COUNTY, WATER DISTRICT NO. 71: 1) Applicant: Town of Rico, a Colorado municipal corporation, 2 Commercial Street, P.O. Box 56, Rico, Colorado,

26 81332; 2) Attorney: Eric James Heil, Esq., E.J. Heil, P.C., 209 Mantz Avenue, P.O. Box 189, Rico, CO 81332; 3) Type of Application: Application for Change and New Water Right, 4) Description: Town of Rico currently has a 3 c.f.s. water right (0.28 absolute and 0.72 conditional) for surface diversion on Silver Creek, a tributary stream to the Dolores River. Town of Rico seeks to change its current water right to include an alternate point of diversion for the Town's water system on the main stem of the Dolores River to a point approximately 2 miles upstream of the Town of Rico (North Rico Well Field) and to apply for a new water right to the extent necessary to divert the full 3 c.f.s. in the future from the alternate point (North Rico Well Field). 5) Drainage Basin: East Fork of the Upper Dolores, Dolores County, Colorado. 6) Location: The point of diversion will be well(s) located in an 80 acre area located in the E1/2SW1/4 of Section 13 and the NE1/4NW1/4 of Section 24, T40N, R11W, N.M.P.M. The sections are irregularly and not 640 acres and the quarter sections are also smaller than 40 acres and irregularly shaped. 7) Type of Use: municipal and industrial, including domestic, commercial, irrigation and recreational uses. 8) Type of Structure: Well(s) 9) Quantity: 3.0 c.f.s. 10) Additional Information: None. (6 pages)

06CW111 Application for Change of Water Rights, La Plata County, Conditional and Absolute Water Rights (Surface and Storage); Applicant Edwin A. Zink, 4166 C.R. 203, Durango, CO 81301, (970) 247-8758, by: Nancy Agro, 1040 Main Avenue, Durango, CO 81301, (970) 247- 1113; New Storage Right; Name of Reservoir: Lake Ruby; Legal description of location of dam: Approximately 1985 feet from the South section line and 175 feet from the West Section line of Section 27, Township 36 North, Range 9 West, N.M.P.M.; Source: Springs tributary to Falls Creek and surface and ground water sources of Falls Creek tributary to the Animas River; Date of appropriation: September 1, 1945; Amount claimed: 100 acre feet, absolute; Rate of diversion in cfs for filling the reservoir: 2.5 c.f.s. Absolute; Use: Irrigation of 30 acres, including supplemental irrigation and irrigation of wetlands of 30 acres, fish, fire protection, stock water, domestic. This uses includes year round diversions for all uses except non-wetland irrigation. New Surface Right: Name of structure: Waterfall Ditch; Legal description of point of diversion: In the W/4, NW/4, Section 27, Township 36North, Range 9 Wet, N.M.P.M., La Plata County, Colorado being approximately 1500 feet South and 100 feet East of the Northwest corner of said Section 27; Source: Waterfall creek (a/k/a falls creek), including springs, and other sources tributary to Falls Creek, tributary to the Animas River; Date of initiation of appropriation: September 1, 1945; Amount claimed: 2 c.f.s., Absolute; Use or proposed use: Irrigation of 98 acres, including supplemental irrigation and irrigation of 30 acres of wetlands, fish, fire protection, filling of Lake Ruby, stock water, and domestic. This uses includes year round diversions for all uses except non-wetland irrigation. Domestic use would be conditional; Change of Water Right: Decreed name of structure for which change is sought: Waterfall Ditch; From previous Decree: Date Entered: November 8, 1923, Civil Action #1751 , Priority #7, Court: Division 7, First Change of Right W-1049-73, August 17, 1973, changed point of diversion for .50 c.f.s. , and Second Change of Right, Case Number 98 CW 87m February 15, 2002, provided an alternate point of diversion for .5 c.f.s.; Decreed point of diversion (include map): At a point whence the E/4 corner of Section 28, Township 36 North, Range 9 West, N.M.P.M. bears S 59˚, 00 Minutes, E. 1,790 feet. This point of diversion originally had 2.0 c.f.s. absolute appropriated to it; Source: Waterfall creek (a/k/a falls creek), including springs, and other sources tributary to Falls Creek, tributary to the Animas River; Appropriation Date: October 10, 1875, Priority WF-1

27 and #7 Animas River; Amount: 2.0 c.f.s.; Historic use: Irrigation and domestic; Proposed change: Point of Diversion: Applicant requests an alternate point of diversion of 1.0 c.f.s. to the following location: In the SW/4 NW/4 Section 27, Township 36 North, Range 9 West, N.M.P.M., La Plata County, Colorado, being approximately 1500 feet South and 100 feet East of the Northwest corner of Said Section 27, as is shown on Exhibit A; Use: Irrigation of 98 acres, including supplemental irrigation and irrigation of 30 acres of wetlands, fish, fire protection, filling of Lake Ruby, stock water, and domestic. This uses includes year round diversions for all uses except non-wetland irrigation. Domestic use would be conditional; Additional Information: Applicant intends to divert up to 2.0 c.f.s. in addition to the previously decreed .5 c.f.s. at the point of diversion set forth in this application for a total of 2.5 c.f.s. To the extent that this application seeks more than an additional 2.0 c.f.s, it is the applicant’s intention to plead in the alternative. Maps attached to application. (12 pages)

Case No. 06CW112. (98CW84). IN ARCHULETA COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ALL OR PORTIONS OF CONDITIONAL WATER RIGHTS ABSOLUTE., STATE OF COLORADO. La Plata County Courthouse, 1060 2nd Avenue, PO Box 3340, Durango, CO 81392. 1. Name, address and telephone number of applicant: Pat Parelli International Study Center, Inc., Attention: Mark Weiler, President, P.O. Box 5950, Pagosa Springs, CO 81147, (970) 731-9475. Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of Structures. Guest House Pond, Main House Pond, Lodge Pond, Upper Parelli Pond No. 1, Upper Parelli Pond No. 2, and Lower Pond. 3. Descriptions of Conditional Water Rights. The following conditional water rights were all decreed by Decree of the Water Court in and for Water Division No. 7 in Case No. 98CW84 dated December 13, 2000: A. Guest House Pond. (1) Location: The Guest House Pond is located in the NE1/4NW1/4 of Section 7, T. 34 N., R. 2 W., N.M.P.M., at a point South 1°25’43” West from the SW of Section 31, T. 35 N., R. 2 W. of the N.M.P.M. a distance of 2,165 ft., also described as a point South 2°29"50' West from the SW corner of Section 6, T. 34 N., R. 2 W. of the N.M.P.M. a distance of 1,240 feet. The pond is located on the channel of Stollsteimer Creek. (2) Source: Stollsteimer Creek, and local surface runoff, Piedra River Drainage. (3) Appropriation Date: December 31, 1924. (4) Amount: 0.025 acre feet, conditional. Also, the right to refill twice, conditional, with 0.025 acre feet for each refill. (5) Use: Irrigation, recreation, fish propagation and stock watering. 4.5 acres around the Guest House Pond, Guest House Spring, Main House Pond and Lodge Pond will be irrigated using water withdrawn by pump from such pond. B. Main House Pond. (1) Location: The Main House Pond is located in the NE1/4NW1/4 of Section 7, T. 34 N., R. 2 W., N.M.P.M. at a point South 4°18’08” West from the SW of Section 31, T. 35 N., R. 2 W. of the N.M.P.M. a distance of 1,926 ft., also described as a point South 8°10"11' West from the SW corner of Section 6, T. 34 N., R. 2 W. of the N.M.P.M. a distance of 1,031 feet. (2) Source: Guest House Spring and local surface runoff, Piedra River Drainage. (3) Appropriation Date: December 31, 1924. (4) Amount: 1.5 acre feet, conditional. Also the right to refill twice, conditional, with 1.5 acre feet for each refill. (5) Use: Irrigation, recreation, fish propagation and stock watering. 4.5 acres around the Guest House Pond, Guest House Spring, Main House Pond and Lodge Pond will be irrigated using water withdrawn by pump from such ponds. C. Lodge Pond. (1) Location: The Lodge Pond is located in the SE1/4SW1/4 of Section 6, T. 34 N., R. 2 W., N.M.P.M. at a point South 7°46’49” West from the

28 SW of Section 31, T. 35 N., R. 2 W. of the N.M.P.M. a distance of 1,650 feet, also being described as a point South 17°59"51' West from the SW corner of Section 6, T. 34 N., R. 2 W. of the N.M.P.M. a distance of 710 feet. The pond is located on the channel of Stollsteimer Creek. (2) Source: Guest House Spring, Stollsteimer Creek and local surface runoff, Piedra River Drainage. (3) Appropriation Date: May 1, 1996. (4) Amount: 1.3 acre feet conditional. Also the right to refill twice, conditional, with 1.3 acre feet for each refill. (5) Uses: Irrigation, recreation, fish propagation and stock watering. 4.5 acres around the Guest House Pond, Guest House Spring Main House Pond and Lodge Pond will be irrigated using water withdrawn by pump from such ponds. D. Upper Parelli Pond No. 1. (1) Location: The Upper Parelli Pond No. 1 is located in the SE1/4NW1/4 of Section 7, T 34 N.,. R. 2 W., N.M.P.M. at a point South 3°35’15” East from the SW of Section 31, T. 35 N., R. 2 W. of the N.M.P.M. a distance of 3,850 feet, also being described as a point South 4°43"28' East from the SW corner of Section 6, T. 34 N., R. 2 W. of the N.M.P.M. a distance of 2,925 feet. The pond is located on the channel of Stollsteimer Creek. (2) Source: Stollsteimer Creek and local surface runoff, Piedra River Drainage. (3) Appropriation Date: December 14, 1998. (4) Amount: 0.30 acre feet conditional. Also the right to refill twice, conditional, with 0.30 acre feet for each refill. (5) Uses: Irrigation of up to one acre around the pond, recreation, fish propagation and stock watering. E. Upper Parelli Pond No. 2. (1) Location: The Upper Parelli Pond No. 2 is located in the NE1/4NW1/4 of Section 7, T. 34 N., R. 2 W., N.M.P.M. at point South 1°13’28” East from the SW of Section 31, T. 35 N., R. 2 W. of the N.M.P.M. a distance of 2,940 feet, also described as a point South 1°47"19' East from the SW corner of Section 6, T. 34 N., R. 2 W. of the N.M.P.M. a distance of 2,010 feet. The pond is located on the channel of Stollsteimer Creek. (2) Source: Stollsteimer Creek and local surface runoff, Piedra River Drainage. (3) Appropriation Date: December 14, 1998. (4) Amount: 0.30 acre feet conditional, Also the right to refill twice, conditional, with each refill for 0.30 acre feet. (5) Uses: Irrigation of up to one acre around the pond, recreation, fish propagation and stock watering. F. Lower Pond. (1) Location: The Lower Pond is located in the SE1/4SW1/4 of Section 6, T. 34 N., R. 2 W., N.M.P.M. at a point South 16°33’31” West from the SW of Section 31, T. 35 N., R. 2 W. of the N.M.P.M. a distance of 1,010 feet, also described as a point South 81°53"44' West from the SW corner of Section 6, T. 34 N., R. 2 W. of the N.M.P.M. a distance of 290 feet. The pond is located on the channel of Stollsteimer Creek. (2) Source: Stollsteimer Creek and local surface runoff, Piedra River Drainage. (3) Appropriation Date: July 1, 1998. (4) Amount: 7.2 acre feet conditional. Also, the right to refill twice, conditional, with 7.2 acre feet for each refill. (5) Uses: Irrigation, recreation, fish propagation, stock watering, and augmentation. Irrigation is of up to 10 acres around the pond. 4. Detailed outline of work done to complete project and apply water to beneficial use. (A) The Guest House Pond, Main House Pond, Lodge Pond, Upper Parelli Pond No. 1, Upper Parelli Pond No. 2, Lower Pond have all been constructed to their decreed capacities and water stored therein in the conditionally decreed amounts. (B) Water stored in all of the subject ponds has been placed to all of the conditional decreed uses, except as noted in subsection (C) below. (C) Water stored in the Lower Pond has not yet been released for augmentation purposes. Applicant can and will make such remaining conditional use absolute within a reasonable time. THEREFORE, Applicant seeks a decree making the subject conditional water rights absolute in their full decreed amounts for all decreed purposes, except for augmentation purposes related to the Lower Pond. Applicant seeks a finding of reasonable diligence with respect to the decreed augmentation use of the Lower Pond and with

29 respect to any portions of the other conditional water rights that are not made absolute as requested. (6 pages)

06CW113; La Plata County, Water District No. 30: 1) Applicant: Richard and Karen Langhart. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: Langhart Well (“the Well”). 4) Type of Application: Application for groundwater rights (“Application”). 5) Drainage Basin: groundwater tributary to Animas River. 6) Locations: The Well will be developed on Applicant’s property shown on Exhibit A to the Application (“the Property”), within the SE1/4SW1/4 Section 15, T35N, R9W, NMPM. The permitted location (Well Permit #63941) is 144 feet from the South section line, and 1987 feet from the West section line. The Well location may need to be amended to conform to actual drilled location. Actual location will be verified and submitted with the proposed decree in this case. 7) Type of Uses: domestic; irrigation of 20 acres including lawn and garden, pasture, fruit trees, alfalfa, and landscape irrigation; stockwatering, fire protection, and filling and refilling of ponds/water features for recreation, aesthetics, piscatorial, evaporation, and the aforementioned purposes. All uses will occur on the Property. 8) Amount: not to exceed 100 gpm (0.222 cfs) absolute. 9) Appropriation Date: November 1, 2005. 10) Additional Information: See application. (5 pages)

Case No. 06CW114, Concerning The Application For Water Rights Of Oldcastle Southwest Group, Inc., D/B/A Four Corners Materials In La Plata County. Attorney for Applicant: Stephen C. Larson, #23275, Leah A. Kukowski, #33170, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. Phone: 303-442-1900, Fax: 303-442-0191. APPLICATION FOR UNDERGROUND WATER RIGHTS. 1. Name and Address of Applicant: Oldcastle Southwest Group, Inc., d/b/a Four Corners Materials, c/o Marcia Talvitie, P.O. Box 2707, Durango, CO 81302. Copies of all pleadings to: Stephen C. Larson, Leah A. Kukowski, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. Underground Water Right No. 1. 2. Name of Structure: Trimble Pit Well. This well has been issued Well Permit No. 053654-F, a copy of which is attached as Exhibit A. The Trimble Pit Well is an existing gravel pit exposing and diverting groundwater. 3. Legal Description of Well: A point located in the SW ¼ of the NE ¼ of Section 15, Township 36 North, Range 9 West, of the N.M.P.M. approximately 2490 feet South of the North Section line and 2450 feet West of the East Section line of Section 15, La Plata County, Colorado. The permitted location for the Trimble Pit Well corresponds to the center of the pond formed by excavation of the gravel pit. A general location map depicting this structure is attached hereto as Figure 1. 4. Source: Groundwater tributary to the Animas River. 5. Depth: Approximately 15 feet. 6. Appropriation Date: April 27, 2000. The appropriation was initiated by the application for and issuance of Well Permit No. 053654-F by the Colorado Division of Water Resources for this structure, attached as Exhibit A. The claimed absolute portion of this water right (0.56 acre-feet) was first placed to beneficial use for all claimed uses on April 21 2001. 7. Amount Claimed: 0.56 acre-feet, absolute and 1.0 acre-feet, conditional. The total permitted diversion pursuant to Well Permit No. 053654-F is 1.56 acre-feet. 8. Uses: Industrial, including general gravel pit purposes, mining, dust suppression, washing, and production of concrete. 9. Name and Address of Owners Upon Whose Land Structures Are Located: Applicant (paragraph 1, above). Underground Water Right No. 2. 10. Name of Structure: Burnett Well. This well has been issued Well Permit No. 27227-F, a copy of which is

30 attached as Exhibit B. 11. Legal Description of Well: The Burnett Well is located in the NW ¼ of the SE ¼ of Section 15, Township 36 North, Range 9 West, of the N.M.P.M. approximately 2000 feet North of the South Section line and 1600 feet West of the East Section line of Section 15, La Plata County, Colorado. A general location map depicting this structure is attached hereto as Figure 1. 12. Source: Groundwater tributary to the Animas River. 13. Depth: 68 feet. 14. Appropriation Date: April 12, 1984. The appropriation was initiated by the application for and issuance of Well Permit No. 27227-F, attached as Exhibit B. The well was completed on May 28, 1984. 15. Amount Claimed: 1.0 acre-feet, conditional, which is the total permitted amount under Well Permit No 27227-F. 16. Uses: Industrial, including general gravel pit purposes, mining, washing, dust control, and production of concrete. 17. Name and Address of Owners Upon Whose Land Structures Are Located: Applicant (paragraph 1, above). Underground Water Right No. 3. 18. Name of Structure: Bar-D Well. 19. Legal Description of Well: The SE corner of the Bar-D Well is located in the NW ¼ of the NE ¼ of Section 11, Township 36 North, Range 9 West, of the N.M.P.M. approximately 50 feet South of the North Section line and 2550 feet West of the East Section line of Section 11, La Plata County, Colorado. A general location map is attached hereto as Figure 2. 20. Source: Groundwater tributary to the Animas River. 21. Depth: Approximately 6 feet. 22. Appropriation Date: December 31, 1977. The appropriation was initiated by application to and issuance of a permit from the Division of Minerals and Geology for the Bar-D Facility gravel mining operation, which has been in operation since that time. In 2004, Applicant applied for a Section 404 permit from the U.S. Army Corps of Engineers in connection with this structure. 23. Amount Claimed: 2.60 acre-feet, conditional. 24. Uses: Industrial, including general gravel pit purposes, mining, washing, dust control, and production of concrete. This amount is based on the removal of 90,000 tons of excavated material per year, based on a 4% depletion of water per ton of material. 25. Name and Address of Owners Upon Whose Land Structures Are Located: Western Business Investments Inc, P.O. Box 1872, Durango, CO 81302. Wherefore, Applicant respectfully requests the Water Court issue a decree for the foregoing absolute and conditional underground water rights, and grant such other or further relief as the Court deems appropriate in the premises. (9 pages)

CONCERNING THE WATER RIGHTS OF EXTREME SKI AREA PROPERTIES, LTD. IN SAN JUAN COUNTY, COLORADO CASE No. 06CW115 Name, address, telephone number(s) (residence and business) of applicant(s): Extreme Ski Area Properties, Ltd. 205 West 17th Street, Suite E Tulsa, Oklahoma 74119-4645 918-583-5806 Name(s) of well(s) and permit, registration, or denial number(s). (If permit applied for, but not acted upon, give date of permit application: Gladstone Well, permit to be applied for. Legal description of well (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate ¼ ¼, section number, township, range and meridian; include map). The location may include UTM coordinates based on Zone 13 and NAD27(CONUS) datum. In urban areas, include street address, lot, block, and

31 subdivision: San Juan County, NE1/4NW1/4, Section 21, Township 42 North, Range 7 West, N.M.P.M. 425 feet from the North Section Line and 2280 from the West Section Line Street Address: None Assigned, County Road 51, Silverton, Colorado Optional Additional Description: GPS location information in UTM format Required settings for GPS units are as follows: Format must be UTM; Zone must be 13; Units must be Meters Datum must be NAD27 (CONUS) and; Units must be set to true north. See Exhibit A attached to the Application filed with the Court for the location of well. Were points averaged? Yes Northing 4196855 Easting 267537 Source: Cement Creek , tributary to the Animas River Depth: 1000 Feet Date of appropriation: February 28, 2005 How appropriation was initiated: By employing the services of Timothy Decker, Registered Hydrologist, West Water Associates, Inc., to develop a water plan for the proposed project Date water applied to beneficial use: N/A Amount claimed: 5 gpm Conditional If well is non-tributary: Name of Aquifer: Tertiary Volcanics Amount claimed in acre feet annually: 1.0 Proposed Use: If irrigation, complete the following: Number of acres historically irrigated acres Total number of acres proposed to be irrigated: acres Legal description of the land irrigated: N/A Area of lawns and gardens irrigated: N/A If non-irrigation, describe purpose fully: The applicant intends to develop its property, consisting of approximately three lode mining claims, described as follows: Golden Age, U.S. Survey No. 16070; Golden Crown, U.S. Survey No. 16070; Iron Age, U.S. Survey No. 16070; being approximately 25.2 acres. The development will consist of 8 residential dwellings. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Extreme Ski Area Properties, Ltd. 205 West 17th Street, Suite E Tulsa, Oklahoma 74119-4645 918-583-5806 Remarks: Residences will use on site individual and/or shared septic/leach fields for return flow. Consumptive use of 0.19 af/yr will be augmented by on site storage catchment and releases as required. Frank J. Anesi, Reg. 1365 Attorney for Applicant P. O. Box 2185 Durango, CO 81302 (970) 247-9246 (4 pages)

CONCERNING THE WATER RIGHTS OF ANGLO SAXON PROPERTIES, LTD. AND TRANSVAAL PROPERTIES, LTD.

32 IN SAN JUAN COUNTY, COLORADO Case No. 06CW116 Name, address, telephone number(s) (residence and business) of applicant(s): Anglo Saxon Properties, Ltd. Transvaal Properties, Ltd. 205 West 17th Street, Suite E 205 West 17th Street, Suite E Tulsa, Oklahoma 74119-4645 Tulsa, Oklahoma 74119-4645 918-583-5806 918-583-5806 Name(s) of well(s) and permit, registration, or denial number(s). (If permit applied for, but not acted upon, give date of permit application: Anglo 1 Well and Anglo 2 Well, both permits to be applied for. Legal description of well(s) (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate ¼ ¼, section number, township, range and meridian; include map). The location may include UTM coordinates based on Zone 13 and NAD27(CONUS) datum. In urban areas, include street address, lot, block, and subdivision: Anglo 1 Well: San Juan County, NW1/4NE1/4, Section 31, Township 42 North, Range 7 West, N.M.P.M. 1225 from the North Section Line and 2250 from the East Section Line Street Address: None Assigned, County Road 110, Silverton, Colorado Optional Additional Description: GPS location information in UTM format. Required settings for GPS units are as follows: Format must be UTM; Zone must be 13; Units must be Meters Datum must be NAD27 (CONUS) and; Units must be set to true north. See Exhibit A attached to the Application filed with the Court for location of wells. Were points averaged? Yes Northing 4193148 Easting 264448 Anglo 2 Well: San Juan County, SW1/4NE1/4, Section 31, Township 42 North, Range 7 West, N.M.P.M. 2175 from the North Section Line and 2200 from the East Section Line Street Address: None Assigned, County Road 110, Silverton, Colorado Optional Additional Description: GPS location information in UTM format. Required settings for GPS units are as follows: Format must be UTM; Zone must be 13; Units must be Meters Datum must be NAD27 (CONUS) and; Units must be set to true north. See Exhibit A attached to the Application filed with the Court for location of wells. Were points averaged? Yes Northing 4193467 Easting 264416 Source: Cement Creek, tributary to the Animas River Depth: 250 Feet for Anglo 1 Well; 250 Feet for Anglo 2 Well Date of appropriation: February 28, 2005 How appropriation was initiated: By employing the services of Timothy Decker, Registered Hydrologist, West Water Associates, Inc., to develop a water plan for the proposed project. Date water applied to beneficial use: Amount claimed: 100 gpm Conditional If well is non-tributary: Name of Aquifer: Alluvium Tributary to Cement Creek Amount claimed in acre feet annually: 68.5 Proposed Use: If irrigation, complete the following:

33 Number of acres historically irrigated N/A Total number of acres proposed to be irrigated: Legal description of the land irrigated: Area of lawns and gardens irrigated: If non-irrigation, describe purpose fully: The applicants intend to develop the property, consisting of approximately eleven lode mining claims and one placer claim, described as follows: Anglo Saxon Placer, U.S. Survey No. 16687; Anglo Saxon #1, U.S. Survey No. 16687; Anglo Saxon #2, U.S. Survey No. 16687; Anglo Saxon #3, U.S. Survey No. 16687; Anglo Saxon #4, U.S. Survey No. 16687; Anglo Saxon #5, U.S. Survey No. 16687; Anglo Saxon #7, U.S. Survey No. 16687; Monarch, U. S. Survey No. 884; Transvaal, U.S. Survey No. 17255; Midnight Sun, U.S. Survey No. 17255; Freya, U.S. Survey No. 17255; and Ruby, U.S. Survey No. 17255, being approximately 144 acres. The development will consist of 140 residential/multi-unit dwellings plus a grocery store, bar and restaurant, all for annual use. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Anglo Saxon Properties, Ltd. Transvaal Properties, Ltd. 205 West 17th Street, Suite E 205 West 17th Street, Suite E Tulsa, Oklahoma 74119-4645 Tulsa, Oklahoma 74119-4645 918-583-5806 918-583-5806 Remarks: It is the intent of the Applicants to drill two wells on the properties in the locations shown on the exhibits attached to the Application filed with the Court. In addition to the wells, the Applicants intend to: a) construct a reservoir on site to augment collection of spring run off water; b) install 2 - 3 water storage tanks for supplemental fire protection and domestic purposes; and c) to construct a waste water treatment plant as per Exhibit B attached to the Application filed with the Court. Frank J. Anesi, Reg. 1365 Attorney for Applicants P. O. Box 2185 Durango, CO 81302 (970) 247-9246 (5 pages)

06CW117 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE UNITED STATES OF AMERICA, IN ARCHULETA AND LA PLATA COUNTIES 1. Name, address, telephone number(s) (residence and business of applicant(s)): USDA Forest Service San Juan National Forest 15 Burnett Court, Durango, CO 81301. (970) 385-1232. 2. Names of structures: A. Arbogas Spring; B.Crain Spring; C. Crib Spring D. East Mountain Spring E. Jungle Spring F. Lion Creek Spring G. TNY Spring H. Bear Spring I Box Spring J. Camp Spring K. Grassy Pond Spring L. Grouse Spring M Park Spring N. Pen Spring O. Quakie Spring P. Rock Spring Q. Sheep Park Spring R. Top Spring #1 S. Top Spring #2 3. Legal description of each point of diversion (Optional GPS location information in UTM format. Required settings for GPS units were as follows: Format must be UTM; Zone must be 13; Units must be Meters; Datum must be NAD83 (CONUS) and; Units must be set to true north.):

34 A. Arbogas Spring Required SE NE Section Township Range Principal Description: 1/4 of the 1/4 2 35N 6W Meridian: County New La Plata Mexico Distance from section lines (section lines are typically not property lines) 2211 feet from north and 259 feet from east. Were points averaged? ⌧Yes No Northing 4134492 Easting 279466

B. Crain Spring Required Principal SW SW Section Township Range Description: Meridian 1/4 of the 1/4 20 35N 5W County New Archuleta Mexico Distance from section lines (section lines are typically not property lines): 94 feet from south and 711 feet from west. Were points averaged? ⌧Yes No Northing 4128715 Easting 282765 C. Crib Spring Required Principal NW NE Section Township Range Description: Meridian 1/4 of the 1/4 20 35N 5W County New Archuleta Mexico Distance from section lines (section lines are typically not property lines): 579 feet from north and 1365 feet from east. Were points averaged? ⌧Yes No Northing 4130089 Easting 283766 D. East Mountain Spring Required SE NE Section Township Range Principal Description: 1/4 of the 1/4 4 36N 6W Meridian: County New La Plata Mexico Distance from section lines (section lines are typically not property lines) 857 feet from north and 560 feet from east. Were points averaged? ⌧Yes No Northing 4144533 Easting 276421 E. Jungle Spring Required NW SE Section Township Range Principal Description: 1/4 of the 1/4 17 35N Meridian: County 5W New Archuleta Mexico

35 Distance from section lines (section lines are typically not property lines) 1770 feet from south and 1901 feet from east. Were points averaged? ⌧Yes No Northing 4130807 Easting 283631

F. Lion Creek Spring Required Principal SW SE Section Township Range Description: Meridian 1/4 of the 1/4 2 36N County 6W New La Plata Mexico

Distance from section lines (section lines are typically not property lines): 94 feet from south and 2585 feet from east. Were points averaged? ⌧Yes No Northing 4143286 Easting 278989

G. TNY Spring Required NW NW Section Township Range Principal Description: 1/4 of the 1/4 31 36N 5W Meridian: County New La Plata Mexico Distance from section lines (section lines are typically not property lines) 1166 feet from north and 908 feet from west. Were points averaged? ⌧Yes No Northing 4136326 Easting 281459 H. Bear Spring Required SW SE Section Township Range Principal Description: 1/4 of the 1/4 10 36N 6W Meridian: County New La Plata Mexico Distance from section lines (section lines are typically not property lines) 1276 feet from south and 2205 feet from east. Were points averaged? ⌧Yes No Northing 4142118 Easting 277475

I. Box Spring Required Principal SW NW Section Township Range Description: Meridian 1/4 of the 1/4 33 36N 6W County New La Plata Mexico

Distance from section lines (section lines are typically not property lines): 1393 feet from north and 263 feet from west.

36 Were points averaged? ⌧Yes No Northing 4136531 Easting 274859 J. Camp Spring Required Principal SW NE Section Township Range Description: Meridian 1/4 of the 1/4 27 36N 6W County New La Plata Mexico

Distance from section lines (section lines are typically not property lines): 1390 feet from north and 2249 feet from east. Were points averaged? ⌧Yes No Northing 4138044 Easting 277349 K. Grassy Pond Spring Required SW SW Section Township Range Principal Description: 1/4 of the 1/4 32 36N 6W Meridian: County New La Plata Mexico Distance from section lines (section lines are typically not property lines) 1045 feet from south and 1322 feet from west. Were points averaged? ⌧Yes No Northing 4135707 Easting 273546 L. Grouse Spring Required NE NW Section Township Range Principal Description: 1/4 of the 1/4 27 36N Meridian: County 6W New La Plata Mexico Distance from section lines (section lines are typically not property lines) 1150 feet from north and 2490 feet from west. Were points averaged? ⌧Yes No Northing 4138124 Easting 277185

M. Park Spring Required NW NW Section Township Range Principal Description: 1/4 of the 1/4 23 37N 6W Meridian: County New La Plata Mexico Distance from section lines (section lines are typically not property lines) 660 feet from north and 855 feet from west. Were points averaged? ⌧Yes No Northing 4149393 Easting 277964 N. Pen Spring

37 Required Principal SE SW Section Township Range Description: Meridian 1/4 of the 1/4 28 6W County 36N New La Plata Mexico

Distance from section lines (section lines are typically not property lines): 157 feet from south and 2407 feet from west. Were points averaged? ⌧Yes No Northing 4136961 Easting 275518 O. Quakie Spring Required SW NE Section Township Range Principal Description: 1/4 of the 1/4 27 36N 6W Meridian: County New La Plata Mexico Distance from section lines (section lines are typically not property lines) 1695 feet from north and 1538 feet from east. Were points averaged? ⌧Yes No Northing 4137942 Easting 277565

P. Rock Spring Required NE SW Section Township Range Principal Description: 1/4 of the 1/4 32 36N 6W Meridian: County New La Plata Mexico Distance from section lines (section lines are typically not property lines) 1706 feet from south and 2503 feet from west. Were points averaged? ⌧Yes No Northing 4135892 Easting 273918

Q. Sheep Park Spring Required SE NE Section Township Range Principal Description: 1/4 of the 1/4 22 37N 6W Meridian: County New La Plata Mexico Distance from section lines (section lines are typically not property lines) 2201 feet from north and 146 feet from east. Were points averaged? ⌧Yes No Northing 4148931 Easting 277633 Top Spring #1 Required NE NW Section Township Range Principal Description: 1/4 of the 1/4 27 36N 6W Meridian: County New La Plata Mexico

38 Distance from section lines (section lines are typically not property lines) 461 feet from north and 2072 feet from west. Were points averaged? ⌧Yes No Northing 4138339 Easting 277069

R. Top Spring #2 Required NW NE Section Township Range Principal Description: 1/4 of the 1/4 27 36N 6W Meridian: County New La Plata Mexico Distance from section lines (section lines are typically not property lines) 244 feet from north and 2403 feet from east. Were points averaged? ⌧Yes No Northing 4138395 Easting 277314

4. Source: (tributary and river): A. Arbogas Spring: Arbogas Spring, tributary to an unnamed drainage, tributary to Beaver Creek, tributary to the Los Pinos River. B. Crain Spring: Crain Spring, tributary to Skunk Creek, tributary to Hayden Creek, tributary to Beaver Creek, tributary to the Pine River. C. Crib Spring: Crib Spring, tributary to Little Beaver Creek, tributary to Beaver Creek, tributary to the Pine River. D. East Mountain Spring: East Mountain spring, tributary to an unnamed drainage, tributary to Vallecito Reservoir. E. Jungle Spring: Jungle spring, tributary to an unnamed drainage, tributary to Beaver Creek, tributary to the Pine River. F. Lion Creek Spring: Lion Creek Spring, tributary to Lion Creek, tributary to the Los Pinos River. Water from the spring sinks and does not contribute to surface flow. G. TNY Spring: TNY Spring, tributary to an unnamed drainage, tributary to Beaver Creek, tributary to the Pine River. H. Bear Spring: Bear Spring, tributary to an unnamed drainage, tributary to the Pine River. I. Box Spring: Box Spring, tributary to Bear Creek tributary to the Pine River. Box spring sinks, and does not contribute to surface flow. J. Camp Spring: Camp Spring, tributary to an unnamed drainage, tributary to Bear Creek, tributary to the Pine River. K. Grassy Pond Spring: Grassy Pond Spring, tributary to an unnamed drainage, tributary to Little Bear Creek, tributary to Bear Creek, tributary to the Pine River. L. Grouse Spring: Gouse Spring, tributary to an unnamed drainage, tributary to Bear Creek, tributary to the Pine River. M. Park Spring: Park Spring, tributary to the Pine River. N. Pen Spring: Pen Spring, tributary to an unnamed drainage, tributary to Bear Creek, tributary to the Pine River. O. Quakie Spring: Quakie Spring is the source. Spring is tributary to an unnamed drainage, tributary to Bear Creek, tributary to the Pine River. P. Rock Spring: Rock Spring, tributary to unnamed drainage, tributary to Little Bear Creek, tributary to Bear Creek, tributary to the Pine River. Q. Sheep Park Spring: Sheep Park Spring, tributary to the Pine River. R. Top Spring #1: Top Spring #1, tributary to an unnamed drainage, tributary to Bear Creek, tributary to the Pine River. Water from the spring seeps back into the ground and does not contribute to surface flow. S.Top Spring #2: Top Spring #2, tributary to an unnamed drainage, tributary to Bear Creek, tributary to the Pine River. 5. Date of appropriation, means of appropriation, date water applied to beneficial use and amount claimed: Spring Name Date of Initial How Appropriation Date Water First Amount Claimed Appropriation was Initiated Applied to Beneficial Use

39 Arbogas Spring 12/31/1940 Construction of spring 12/31/1940 0.004 c.f.s. development ABSOLUTE Crain Spring 9/1/1992 Construction of spring 9/1/ 1992 0.004 c.f.s. development ABSOLUTE Crib Spring 9/1/1962 Construction of spring 9/1/1962 0.006 c.f.s. development. ABSOLUTE East Mountain 12/1/1978 Construction of spring 12/1/1978 0.004 c.f.s. Spring development ABSOLUTE Jungle Spring 12/31/1992 Construction of spring 12/31/1992 0.0181 c.f.s. development ABSOLUTE Lion Creek 11/1/1958 Construction of spring 11/1/1958 0.001 c.f.s. Spring development ABSOLUTE TNY Spring 4/1/1933 Improvement of point 4/1/1933 0.0004 c.f.s. of diversion. ABSOLUTE Construction of spring Bear Spring 11/1/1948 development 11/1/1948 0.0004 c.f.s. ABSOLUTE Box Spring 12/31/1933 Construction of spring 12/31/1933 0.0026 c.f.s. development ABSOLUTE Camp Spring 12/31/1946 Construction of spring 12/31/1946 0.0016 c.f.s. development. ABSOLUTE Grassy Pond Earliest date of record Spring 4/6/1976 of spring. 4/6/1976 0.0003 c.f.s. ABSOLUTE Grouse Spring 12/31/1947 Construction of spring 12/31/1947 0.0028 c.f.s. development ABSOLUTE Park Spring Construction of spring 12/1/1979 development 12/1/1979 0.0029 c.f.s. ABSOLUTE Pen Spring Construction of spring 12/31/1946 development 12/31/1946 0.0009 c.f.s. ABSOLUTE Quakie Spring 12/31/1942 Construction of spring 12/31/1942 0.0017 c.f.s. development ABSOLUTE Rock Spring Construction of spring 12/31/1992 development 12/31/1992 0.001 c.f.s. ABSOLUTE Sheep Park Construction of spring Spring 12/1/1940 development 12/1/1940 0.0037 c.f.s. ABSOLUTE Top Spring #1 12/31/1946 Construction of spring 12/31/1946 0.0002 c.f.s. development ABSOLUTE Top Spring #2 12/31/1946 Construction of spring 12/31/1946 0.0003 c.f.s.

40 development ABSOLUTE 7. Use or proposed use: For all springs: Stock water and wildlife use on the Columbine Ranger District of the San Juan National Forest. 8. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: United States of America, San Juan National Forest, United States Department of Agriculture, 15 Burnett Court, Durango, CO 81301. (11 pages)

06CW118; La Plata County, Water District No. 30: 1) Applicant: Ganzerla Ranch, LLLP. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: Ganzerla POD A (“POD A”); Ganzerla POD’s B, C, and D (“POD’s B, C, and D”); Ganzerla Slough (“Slough”). 4) Type of Application: Application for New Surface Water and Ground Water Rights. 5) Drainage Basin: POD A is Animas River; POD’s B, C, and D is slough adjacent to Animas River; Slough fills from groundwater tributary to Animas River. 6) Locations: Located in the NW1/4NW1/4 (POD “A”), the SW1/4NW1/4 (“POD’s B, C, and D”), and the SE1/4NW1/4 (Slough), all in Section 22, T36N, R9W, NMPM (“the Property”); and, more particularly described within the water application. 7) Type of Uses: POD A will be used to irrigate 32 acres on the north portion of the Property and stockwatering; POD’s B, C, and D will be used to irrigate 25 acres on the southwest portion of the Property and stockwatering; and, the Slough will be used to irrigate 25 acres of the Property and stockwatering. All uses will occur on the Property. 8) Amounts: POD A is 0.25 cfs absolute and 0.75 cfs conditional; POD's B, C and D are 0.47 cfs absolute and 0.31 cfs conditional from any combination of B, C, and D; Slough is 0.47 cfs absolute and 0.31 cfs conditional. 9) Appropriation Dates: June 1, 1982 for all structures. 10) Additional Information: See application. (6 pages)

06CW119; La Plata County, Water District No. 30: 1) Applicant: Kroulik Tree Farm, LLC, a Colorado Limited Liability Company; and Kroulik 1998 Living Trust 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: Walter Ditch Second Enlargement (“Second Enlargement”); Ambold Wallace Ditch, Kroulik Enlargement (“Kroulik Enlargement”). 4) Type of Application: Application for new surface water rights. 5) Drainage Basin: Second Enlargement will divert from the Reid Ditch Diversion of the Animas River. Kroulik Enlargement will divert from the Animas River. 6) Locations: Second Enlargement initiates diversion from the Reid Ditch, located at a point on the East bank of the Animas River located in the NE1/4NE1/4 of Section 25, T37N, R9W, stream mile 42.55, where water will flow in a south-southeasterly direction approximately 900 feet through the Reid Ditch to the intersection of the Walter Ditch headgate in the SE1/4 NE1/4 Section 25, T37N, R9W, La Plata County, CO., and then flow in the Walter Ditch to a point where it will be diverted from the ditch for use on the Kroulik property as shown on Exhibit A to the water application (“the Property”). Kroulik Enlargement will divert from the East bank of the Animas River at a point where the Southeast Corner of Section 24, T37N, R9W, NMPM, bears South 7° 20' East, 1325 feet. 7) Type of Uses: Second Enlargement uses will be irrigation of up to 15 acres as approximately shown on Exhibit A to the water application, stockwatering, and the filling and refilling of ponds for recreation, aesthetics, piscatorial, and the aforementioned uses.

41 Kroulik Enlargement uses will be irrigation of up to 40 acres as approximately shown on Exhibit A to the water application, stockwatering, and the filling and refilling of ponds for recreation, aesthetics, piscatorial, and the aforementioned uses. All uses will occur on the Property. 8) Amounts: Second Enlargement is 0.65 cfs conditional. Kroulik Enlargement is 1.7 cfs conditional. 9) Appropriation Date: Second Enlargement May 1, 1995. Kroulik Enlargement September 15, 2000. 10) Additional Information: See application. (6 pages)

06CW120; La Plata County, Water District No. 30: 1) Applicant: Kathleen L. Hodges and Haviland Lake Ranch Homeowners Association, 588 Hermosa Cliffs Rd., Durango, CO 81301; and R.W. Turner, Jr., 3635 CR 301, Durango, CO 81303. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: Bear Ranch Pond, BR Well #1, BR Well #2, BR Well #3, BR Well A, and BR Well B (collectively the “Decreed Water Rights”); BR Well 4; and BR Lot 1 Pond #1, BR Lot 1 Pond #2, BR Phase B Ponds, and BR Sewage Lagoons are new storage rights for Haviland Lake Ranch (“HLR”), formerly Bear Ranch (“BR”); HCS Lot 13 Well and HCS Lot 13 Ponds are new storage rights for Hermosa Cliffs Subdivision Lot 13 (“HCS”); and, WBA Lot A Well is a new well right for Lot A of the Whiskeman Boundary Adjustment, Project No. 95-67, filed for record under Reception No. 725774 in La Plata County (“WBA”). 4) Type of Application: Application for new water rights and amendment to plan for augmentation (“Application”). 5) Drainage Basin: All structures are tributary to Elbert Creek, tributary to Animas River. 6) Locations: BR Well #1 is in the NW1/4SW1/4, BR Well # 2 is in the NE1/4NW1/4SW1/4, BR Well #3 is in the SW1/4NW1/4SW1/4, and BR Well A is in the NW1/4NW1/4 SW1/4, all in Sec. 25, T38N, R9W, NMPM, and more specifically described as Lots 1, 2, and 3, and Phase A on the Final Plat and Exhibit A of the Application. BR Well B is in the NE1/4NE1/4SE1/4, Sec. 26, T38N, R9W, NMPM, and more specifically described as Phase B on the Final Plat (a corrected legal from that described in the decree of Case No. 97CW61; hereafter the “Decree”) and Exhibit A of the Application. BR Well 4 is in the NW1/4SW1/4, Section 25, T38N, R9W, NMPM, 1400 feet from the South section line and 200 feet from the West section line. BR Lot 1 Pond #1 is on Lot 1of HLR in the NW1/4SW1/4, Sec. 25, T38N, R9W, NMPM, 280 feet from the West line and 2420 feet from the South section line, as described on the Final Plat and Exhibit A of the Application. BR Lot 1 Pond # 2 will be on Lot 1 of HLR in the NW1/4SW1/4, Sec. 25, T38N, R9W, NMPM, with the specific location provided when Applicant files for absolute water rights. BR Phase B Ponds will be in the NE1/4SE1/4, Sec. 26, T38N, R9W, NMPM, more specifically described as Phase B on the Final Plat and Exhibit A of the Application, with the specific location provided when Applicant files for absolute water rights. The BR Sewage Lagoons are in the NW1/4SW1/4, Sec. 25, T38N, R9W, NMPM, more specifically described as Outlot 2 on the Final Plat and Exhibit A of the Application. The HCS Lot 13 Well and HCS Lot 13 Ponds will be on Lot 13 of HCS in the NW1/4NE1/4, Section 2, T38N, R9W, NMPM, with the specific location of the well provided when Applicant files for absolute water rights. The WBA Lot A Well will be on Lot A of the WBA, in the NW1/4NE1/4, Section 2, T38N, R9W, NMPM, with the specific location of the well provided when Applicant files for absolute water rights. 7) Type of Uses: Existing decreed uses under the Decree are as follows: BR Well #s 1 and 2, and BR Well A uses are domestic, limited animal watering, lawn and garden irrigation, and fire protection. BR Well # 3 and BR Well B uses are domestic, commercial (which includes a bed and breakfast establishment, lodge, guest cabins and restaurant, on either Phase B or Lot 3 as

42 described in the Decree), limited animal watering, lawn and garden irrigation, and fire protection. BR Well #4 existing uses are in-house domestic use, irrigation, domestic animal watering, fire protection, and the proposed uses on Lots 1, 2, and 3 of HLR (the “Proposed Uses”) are as follows: Lot 1 is domestic use for one primary residence and one guest/caretaker house, filling and refilling of 0.14 surface acres of ponds/water features, irrigation of 0.33 acres of lawns and gardens, stockwatering for 2 animals, and fire protection; Lot 2 is domestic use for two primary residences and one guest/ caretaker house, irrigation of 0.33 acres of lawns and gardens, stockwatering for 6 animals in summer season, and fire protection; Lot 3 is domestic use for two primary residences, or a ten (10) bedroom commercial bed and breakfast or other commercial country resort facility, irrigation of 0.33 acres of lawns and gardens, stockwatering for a commercial stable, including 35 animals in summer season and 16 animals in winter season, water use inside commercial stable; and fire protection. BR Lot 1 Pond #s 1 and 2 are for stockwatering, recreation, aesthetics, fire protection, piscatorial, and augmentation. BR Phase B Ponds are for recreation, aesthetics, fire protection; piscatorial; and augmentation. BR Sewage Lagoons are for sewage lagoons. HCS Lot 13 Well uses are domestic use for one primary residence and one guest house, irrigation of 0.33 acres of lawns and gardens, filling and refilling of 0.07 surface acres of storage ponds and water features, and fire protection. HCS Lot 13 Ponds uses are recreation, aesthetics, fire protection; piscatorial; and augmentation. WBA Lot A Well uses are domestic use for one primary residence and one guest house, irrigation of 0.33 acres of lawns and gardens, 4 stock animals, and fire protection. Applicant proposes the following changes to the Decreed Water Rights: amend BR Well #s 1, 2, and 3 uses to conform to the Proposed Uses for Lots 1, 2 and 3 of HLR, above, all with diversion and depletion amounts to conform to the diversions and depletions for the stated well uses as described in Section 9(c)(3) and Exhibit B of the Application; amend BR Well A to the proposed uses of domestic use for four condominiums, irrigation of 0.05 acres of lawns and gardens, storage in and evaporation from 0.14 surface acres of sewage lagoons in combination with BR Well B and Love’s Spring, and fire protection; and, amend BR Well B to the proposed uses of domestic use for eight condominiums and three apartments, or two residences and 3 apartments, irrigation of 0.23 acres of lawns and gardens, storage in and evaporation from 0.14 surface acres of sewage lagoons in combination with BR Well A and Love’s Spring, filling and refilling of 0.21 surface acres of storage ponds and water features, and fire protection. 8) Amounts: BR Well # 1: 30 gpm conditional; BR Well # 2: 30 gpm conditional; BR Well # 3: 30 gpm conditional; BR Well A: 30 gpm conditional; BR Well B: 30 gpm conditional; BR Well # 4: 15 gpm absolute for in-house use, irrigation, domestic animal watering, fire protection; and, conditional for the Proposed Uses on Lots 1, 2, and 3 of HLR as described above which are not covered under the exempt well uses; BR Lot 1 Pond # 1: 0.35 acre-feet absolute; BR Lot 1 Pond # 2: 0.35 acre-feet conditional; BR Phase B Ponds: 1.05 acre-feet conditional; BR Sewage Lagoons: 0.70 acre-feet absolute. HCS Lot 13 Well: 30 gpm conditional: HCS Lot 13 Pond: 0.35 acre-feet conditional; WBA Lot A Well: 30 gpm conditional. The annual diversions and depletions for the uses served by this augmentation plan are stated in Section 9(c) and Exhibit B of the Application. 9) Appropriation Dates: May 1996 appropriation with a 1997 priority for BR Well #s 1, 2, and 3, and BR Wells A and B. October 15, 1997 appropriation with a 1997 priority for BR Well # 4. May 1, 2000 appropriation with a 2006 priority for BR Lot 1 Pond # 1. August 1, 2005 appropriation with a 2006 priority for BR Lot 1 Pond # 2, BR Phase B Ponds, HCS Lot 13 Well, HCS Lot 13 Ponds, and WBA Lot A Well. June 1, 1982 with a 1997 priority for BR Sewage Lagoons. 10) Amended Plan of

43 Augmentation: Pursuant to the decree entered in Case No. 97CW61 (District Court, Water Division 7), Applicants’ predecessor adjudicated water rights and a plan for augmentation for water uses proposed at Bear Ranch (“the Initial Plan”), now known as Haviland Lake Ranch (“HLR”). In Case No. 05CW48, Applicant Hodges obtained a due diligence decree for the water rights adjudicated in Case No. 97CW61. The Initial Plan relied on Bear Ranch Pond, located on the HLR property, to supply augmentation water to replace any out of priority depletions at HLR. Through this filing, Applicants are amending the Initial Plan by adjudicating Electra Lake as HLR’s primary augmentation water supply. Bear Ranch Pond will remain as a back-up augmentation supply. Applicants are amending the uses of some of the water rights adjudicated in Case No. 97CW61, as described herein, and are amending the uses of the exempt well, Permit No. 205304, which currently serves Lots 1-3 of HLR, and converting the well to a non-exempt augmented well. Applicant Hodges proposes to develop the HCS Lot 13 Well and Ponds to be located on Lot 13, HCS, which will be augmented under this augmentation plan. Applicant R.W. Turner Jr. proposes to develop the WBA Lot A Well to be located on Lot A, WBA, which will be augmented under this augmentation plan. Applicants intend to develop a water supply for the above-described uses from the above described structures. Applicant will replace any out-of- priority depletions with 6.024 acre-feet of augmentation water in Electra Lake, which Applicant will lease from PSCo, the operator of Electra Lake. To protect senior water users, releases will be made from Electra Lake on a weekly basis during the time period when there is a call on Elbert Creek senior to the priority dates of the wells or ponds. The amount of water released on a weekly basis will be determined based on Applicant’s reporting of water uses to the Division of Water Resources, and applying the depletion assumptions for such uses as described in the Application. Applicant’s out-of-priority depletions for the uses proposed herein will not exceed 6.024 acre-feet. 11) Additional Information: See Application. (20 pages)

06CW121 Shenandoah of Durango, LLLP, 147 E. 9th St., Durango, CO 81301: Getz Well, Permit #58309-F; La Plata County; SW1/4SE1/4, Section 6, T34N, R10W, N.M.P.M., 130 feet from S and 2360 feet from E; Ground water 90% tributary to Animas River, 10% tributary to La Plata River; Depth, 640; Date of appropriation, 09/16/02; Appropriation initiated by applying for well permit; Irrigation of 1.05 acres; Ordinary household purposes, fire protection, domestic, livestock watering and irrigation of 1200 square feet of home gardens and lawns per unit for 38 single family residential units; 20 gpm Conditional; Application for Underground Water Right (3 pages)

06CW122 Gary and Cheryl Young, 2449 E. Southwood, Queen Creek, AZ 85242: Young Ditch; Montezuma County; SE1/4NE1/4, Section 4, T36N, R16W, N.M.P.M., 1945 feet from N and 740 feet from E, Northing 4146257.66, Easting 180310.64; Tributary Hartman Draw, tributary to McElmo Creek; Date of initiation of appropriation, early 1900’s; Appropriation initiated by a ditch being built and land being irrigated; Date applied to beneficial use, early 1900’s; Irrigation of 27 acres; 0.30 cfs Absolute; Application for Water Rights (Surface) (9 pages)

06CW123; La Plata County, Water District No. 30: 1) Applicant: Durango Commercial Development, LLC (“DCD”). 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: DCD-Rathjen Wells

44 1-5 (“the Wells”); DCD-Rathjen Storage Facilities (“the Storage Facilities”). 4) Type of Application: Application for new groundwater rights and storage rights (“Application”). 5) Drainage Basin: The Wells are groundwater tributary to Pine Draw, tributary to the Florida River. The Storage Facilities will be filled with Pine Draw water, and springs and surface flows arising on or entering the Rathjen Property as shown on Exhibit A of the Application; all tributary to the Florida River. 6) Locations: All structures will be located on the Rathjen Property (k/n/a/ Tracts I, II, and II of the Rathjen Survey 2000 (Reception No. 716056)) in the NW1/4 and SW 1/4 of Section 30, T34N, R8W, NMPM. See map attached to Application. Of the five production wells that may be developed on the Rathjen Property, two wells are currently permitted and being developed per the legal description provided under Permit Nos. 65177 and 65178. The locations of these wells may change depending on where groundwater is ultimately found on the Rathjen Property. Specific legal descriptions will be further identified at the time of permitting additional wells or when Applicant files for absolute water rights. 7) Type of Uses: The Wells will be used for irrigation (including lawn and garden and landscaping), stockwatering, domestic use, commercial and industrial use, recreation, aesthetics, fire protection, wildlife habitat, piscatorial uses, augmentation, and filling and refilling of ponds for the aforementioned uses. The Storage Facilities will be used for irrigation, stockwatering, domestic use, commercial and industrial use, recreation, aesthetics, landscaping, fire protection, wildlife habitat, piscatorial uses, and augmentation. All uses will occur on the Rathjen and DCD Properties, as shown on Exhibit A of the Application. 8) Amount: 350 gpm (0.78 cfs) conditional, to be diverted through any combination of the Wells. The combined maximum capacity of the Storage Facilities is 30 acre feet conditional, with the right to fill and refill. Applicant anticipates it may need at least three fills annually. 9) Appropriation Dates: February 24, 2005 for the Wells and for the Storage Facilities. 10) Additional Information: See Application. (6 pages)

06CW124; ARCHULETA COUNTY, WATER DISTRICT NO. 77: 1) Applicant: Crowley Ranch Reserve Owners’ Association, c/o Ben Douglas, President, P.O. Box 237, 1099 Henry Lake Drive, Chromo, Colorado 81127 (970)264-5299; 2) Attorney: Janice C. Sheftel, Esq., Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Type of Application: water storage, groundwater and surface water rights, shown on Exhibit “A” to the Application. Exhibit A also shows irrigated acres. All legal descriptions are NMPM; 4) Reservoir: Trophy Pond; Legal description: SW1/4SE1/4, Section 12, T32N, R1E; UTM Zone 13S, Easting (“E”) 340518, Northing (“N”) 4098447; Source: IR Crowley Well #3 to Trophy Pond via a ditch; runoff in an unnamed “Natural Drainage” on the west side of a hogback (“Hogback”), the opposite side of the Hogback from the Navajo River (“NavR”), tributary to Spring Creek, tributary to the NavR; Appropriation Date and Beneficial Use: 1970, initiated by pond construction by Russell Crowley, et al; Amount: 7.07 AF, Absolute (“Ab”), for all but domestic use, 7.07 AF, Conditional (“Con”), for domestic use; Use: firefighting (dry hydrant); recreation; piscatorial, livestock watering, wildlife watering, direct irrigation and supplemental irrigation from over flow from the north side of Trophy Pond into a ditch, of approximately five acres as shown on Exhibit “A” attached to the application, in the SW1/4SE1/4 of Section 12, T32N, R1E, irrigation and supplemental irrigation via gravity flow to Middle Pond, then to Henry’s Pond and then by gravity flow to approximately 40 acres west of Henry’s Pond and East of Spring Creek in the NW1/4NW1/4 of Section 13, T32N, R1E, (the “40 Acres”); domestic, via gravity flow to Middle Pond via pumping and then into a pipeline for treatment; Reservoir data:

45 Maximum height (“MH”) of dam: 6.83’, Length (“L”) of dam: 270’, Total capacity: 7.07 AF; Active capacity: 7.07 AF. 5) Reservoir: Middle Pond; Legal description: NE1/4NW1/4 of Section 13, T32N, R1E; UTM Zone 13S, E 340176, N 4098346; Source: gravity flow runoff from the Natural Drainage, overflow from Trophy Pond; Appropriation and Beneficial Use: 1960, initiated by pond construction by I.R. Crowley, Russell Crowly, et al; Amount: 7.13 AF, Ab, for all but firefighting and domestic use; 7.13 AF, Con, for firefighting and domestic use; Use: recreation; firefighting; domestic via pumping from Pond; livestock watering, wildlife watering, piscatorial, wetland irrigation of approximately 8-10 acres immediately west of Middle Pond in the NE1/4NW1/4 of Section 13, T32N, R1E (“Wetlands Acres”), irrigation and supplemental irrigation of the 40 Acres, via Henry’s Pond; Reservoir data: MH of dam: 4.6’; L of dam: 375’; Total capacity: 7.13 AF; Active capacity: 7.13 AF. 6) Reservoir: Henry’s Pond; Legal description: South of Crowley Drive, located in the NW1/4NW1/4 of Section 13, T32N, R1E; UTM Zone 13S, E 339746, N 4098143; Source: Gravity flow from IR Crowley Well #3; IR Crowley Well #1; gravity flow from Trophy and Middle Ponds; and runoff in the Natural Drainage; Appropriation and Beneficial Use: 1932 (Source Well #1); 1940 (Source Well #3), initiated by pond construction by Bi-State Financial Services (“Bi-State”), applied to beneficial use: 1985 for irrigation out of ponds, as opposed to directly from Wells #1 and #3; Amount: 10.75 AF, Ab; Use: livestock watering, wildlife watering, irrigation and supplemental irrigation of the 40 Acres, firefighting (dry hydrant), recreation; Reservoir data: MH of dam: 8.27’; L of dam: 480’; Total capacity: 10.75 AF; Active capacity: 10.75 AF. 7) Reservoir: Eaklor Pond System #1 (Eaklor Pond or EPS#1); Legal description: NW1/4NE1/4 of Section 12, T32N, R1E; UTM Zone 13S, E 340283, N 4099599; Source: Eaklor Ditch and runoff in unnamed natural drainage on the West side of the Hogback, but in a separate Natural Drainage (“Natural Drainage II”), tributary to NavR; Appropriation and Beneficial Use: 1985, initiated by pond construction by Bi-State; Amount: 3.11 AF, Ab, for livestock and wildlife watering, piscatorial and recreation; 3.11 AF, Con for firefighting and irrigation; Use: livestock and wildlife watering, piscatorial, firefighting and irrigation via Eaklor Pond # 2 and Eaklor Pond #3 of 20 acres on Lots D31 - D34 in the Crowley Ranch Subdivision, adjoining the County road and Crowley Drive in the NE1/4NW1/4 of Section 12 and the SE1/4SW1/4 of 1,T32N, R1E, N (“20 Acres”); Reservoir data: MH of dam: 9.78’; L of dam: 512’; Total capacity: 3.11 AF; Active capacity: 3.11 AF. 8) Reservoir: Eaklor Pond System #2 (EPS #2); Legal description: NW1/4NE1/4 of Section 12, T32N, R1E; UTM Zone 13S, E 340252, N 4099737; Source: Seep on West side of the Hogback in Natural Drainage II (Seep) and EPS #1 Overflow; Appropriation and Beneficial Use: 1985, initiated by construction of pond by Bi-State for wildlife watering; Amount: 0.12 AF, Ab, wildlife watering; 0.12 AF, Con, stock watering; Use: wildlife and livestock watering, irrigation (as source for irrigation for 20 acres by EPS #3); Reservoir data: MH of dam: 1.81’; L of dam: 150’; Total capacity: 0.12 AF; Active capacity: .12AF. 9) Reservoir: Eaklor Pond System #3 (EPS #3); Legal description: NE1/4NW1/4 of Section 12, T32N, R1E; UTM Zone 13S, E 340232, N 4099803; Source: Seep and EPS #2 Overflow; Appropriation and Beneficial Use: 1985, initiated by construction of pond by Bi- State; Amount: 0.09 AF, Ab, wildlife watering; 0.09 AF, Con, livestock watering; Use: wildlife and livestock watering and irrigation of the 20 Acres; Reservoir data: MH of dam: 1.66’; L of dam: 110’; Total capacity: 0.09 AF; Active capacity: .09 AF. 10) Reservoir: North Pasture Pond; Legal description: SW1/4SW1/4 of Section 1, T32N, R1E; UTM Zone 13S, E 339734, N 4100195; Source: natural drainage in drainage area above the North Pasture Pond via

46 Fitzhugh Ditch; flows in Fitzhugh Ditch; Appropriation and Beneficial Use: May 2006, initiated by site visit by engineer and use for irrigation; Amount: 1.31 AF, Ab; Use: supplemental irrigation of about five acres (“Five Acres”) in the SW/4SW1/4 of Section 1,T32N, R1E, domestic use via supplemental irrigation; Reservoir data: MH of dam: 2.5’; L of dam: 207’; Total capacity of reservoir: 1.31 AF; Active capacity: 1.31 AF. 11) Reservoir: Log Canyon Jr. Pond; Legal description: NW1/4SE1/4 of Section 13, T32N, R1E; UTM Zone 13S, E 340220, N 4097429; Source: flows out of Log Canyon Pond in Section 13, T32N, R1E, decreed in Case No. 99CW62 and Log Canyon Ditch with a POD 1,300’ directly west of the SE corner of Section 13, T32N, R1E, decreed in the same case out of Spring (aka Stove) Creek, tributary to the NavR; Appropriation and Beneficial Use: 2000, initiated by construction of pond; Amount: 0.22 AF, Ab; Use: livestock and wildlife watering; Reservoir data: MH of dam: .98’; L of dam: 145’; Total capacity: 0.22 AF; Active capacity: 0.22 AF. 11) Name: Tea Pond; Legal description: SE1/4SE1/4 of Section 14, T32N, R1E; UTM Zone 13S, E 339141 N 4097062 south/west of Highway 84; Source: runoff from Vigil and other mesas to west side of the Coffee Pond; Appropriation and Beneficial Use: 1985, initiated by construction of pond by Bi-State; Amount: 7.93 AF, Ab; Use: piscatorial, wildlife and livestock watering; Reservoir data: MH of dam: 8.82’; L of dam: 360’; Total capacity: 7.93 AF; Active capacity: 7.93 AF. 12) Name: Crowley Ranch Well System #4; Legal description: SW1/4SW1/4 of Section 1, T32N, R1E; UTM Zone 13S, E 339985, N 4100197; Source: Seep and alluvium, NavR; Appropriation and Beneficial Use: May 2006, initiated by probe of underground water through exploratory excavation; Amount: 0.027 c.f.s. (12 gpm), Con; Use: domestic from irrigation of Five Acres and spreading water on the Five Acres for seepage to gallery well; Land ownership: Sackman Enterprises, Inc., 165 W. 73rd Street, New York City, NY, 10023. 13) Name: Crowley Ranch Deep Well; Legal Description: SW1/4SW1/4 of Section 1, T32N, R1E; UTM Zone 13S, E 339685, N4100133; Source: Unnamed aquifer about 200’ deep; Appropriation and Beneficial Use: May 2006, initiated by visit of Engineer to property; Amount: 0.1 cfs (45 gpm), Con; Use: domestic and commercial within Crowley Ranch Subdivision, including, but not limited to, domestic use in approximately 87 houses and community and maintenance buildings including a barn, and at least four hookups for a rec center. 14) Name and address of owners of land on which structures are located: Applicant, unless otherwise indicated. (11 pages)

06CW125; MONTEZUMA COUNTY, WATER DISTRICT NO. 71: 1) Applicant: Dolores Water Conservancy District, Attn: Kenny Smith, Manager, P. O. Box 1150, Cortez, Colorado 81321, (970) 565-7562; 2) Attorney: Janice C. Sheftel, Esq., Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Type of Application: underground storage water right and plan for augmentation; 4) Name of Underground Storage: DWCD Underground Reservoir (DWCD UR); Legal description: In the area described as follows, and shown on Exhibit “A” to the Application: E1/2SW1/4 of Section 13, T40N, R11W, N.M.P.M. Section 13 is irregularly shaped and the 1/4 1/4 sections are small and irregularly shaped; Source of filling: Marguerite Creek and other tributaries to the East Fork of the Dolores River (East Fork); Surface Area: 500 ft by 1000 ft (Average); Depth: An average of 100 ft beneath a confining layer, which is an average of 20’ from the water surface. See report, “Dolores Water Conservancy District and Town of Rico – Rico Alluvium Development Concept Report, December 2, 2003,” prepared by Harris Water Engineering, Inc. (HWE), for analysis

47 from geophysical testing, including the depth, width, and yield of the DWCD UR; Date of Appropriation and how initiated: On-site testing by WestWater Associates in summer 1996; Amount: 500 acre-feet (AF), Conditional (Con); Uses: Augmentation of out-of-priority depletions by “Authorized Diversions” or “ADs”, as approved under the District’s decree in Case No. 95CW104, as amended to add new ADs by order of the Court on January 19, 2005, and further amended by the order of the Court on August 14, 2006, (95 Plan), in the East Fork basin upstream of the confluence with the West Fork of the Dolores River (Augmentation Service Area). Out-of-priority depletions will include all uses under the 95 Plan, from wells and surface water diversions for domestic, lawns/gardens, pond filling, water surface evaporation, municipal, industrial, commercial, gravel mining, other mining, stock watering, fire fighting, recreation, piscatorial, including such depletions within the Town of Rico (Rico), which were made ADs pursuant to the Second Amendment to the 95 Plan dated August 14, 2006. The water from the DWCD UR may also be used directly to serve Rico for the uses described in Case No. 06CW110, (Rico Change of POD Case); Owner of land on which DWCD UR is located: U.S. Forest Service, c/o Dolores Ranger Station, 29211 Highway 184, P.O. Box 210, Dolores, Colorado 81323 (970)882-7296. 4) Plan for Augmentation (“Plan”): Augmentation of out-of-priority depletions in the Augmentation Service Area under the procedures approved in the 95 Plan. Background for Plan: The 95 Plan augments the D-16 water rights of the Montezuma Valley Irrigation Company (“MVIC”) with releases from Groundhog Reservoir. Because the 95 Plan may not provide sufficient augmentation water for all future depletions in the Augmentation Service Area, especially the instream flow (“ISF”) water right of the Colorado Water Conservation Board (“CWCB”) decreed in Case No. 84CW284 on December 31, 1984, the DWCD UR simply provides an additional source of augmentation water for the ADs in the Augmentation Service Area under the 95 Plan. Plan Implementation Timing: The 95 Plan, at Section 8.F., requires the District to take certain steps with the CWCB as depletions within the Augmentation Service Area approach an agreed amount of water. Augmentation water under this Plan is not needed until this agreed upon amount is reached and the CWCB East Fork ISF places a call. Basis for Determining amount of replacement water required for out-of-priority depletions: The consumptive uses of water set forth in the 95 Plan, Exhibit C, will guide determination of consumptive use under this Plan. If an applicant for an AD wishes to utilize engineering assumptions other than those in the 95 Plan, the applicant may file an independent plan for augmentation or submit a qualified engineering report to substantiate the alternative engineering assumptions regarding depletions to the District and the Division Engineer, Water Division 7, and reach agreement with the District and the Division Engineer concerning the amount of water which will be diverted and consumed. The fact that a water user enters into a contract with the District in no way requires that water user to seek to have decreed an AD under this Plan. The decision to apply to participate in this Plan is permissive, not mandatory. Plan Description. “Augmentation Well(s)” will be constructed to pump water from the DWCD UR directly to the Dolores River adjacent to the DWCD UR adequate to augment out-of-priority depletions from ADs in the Augmentation Service Area, up to the decreed storage volume per year set forth herein. The Augmentation Wells will be shown in the “Well Field Plan.” The DWCD UR has a delayed impact on the East Fork flow because it has a confining layer separating it from the East Fork flow. Based on geophysical evaluations and test wells by WestWater Associates and HWE, the confining layer ensures an adequate delay so that water pumped from the DWCD UR will not immediately impact the river flow. The DWCD UR will

48 be recharged during the high flow periods when no augmentation water is necessary. To assure that DWCD UR pumping does not impact the East Fork during call periods, monitoring well(s) will be installed between the DWCD UR and the river channel as reasonably agreed upon with the Division Engineer. Augmentation Hereunder of Out-of-Priority Diversions for Rico Wells. Rico currently diverts water rights that are senior to the CWCB ISF from Silver Creek, tributary to the East Fork. Rico will be constructing well(s) (“Rico Wells”) in the Dolores River alluvium with a direct hydrologic connection to the River, adjacent to the DWCD UR, to provide a Rico water supply, as described in the Rico Change of POD Case. The exact locations of the Rico Wells will be included in the “Well Field Plan.”. Out-of-priority diversions by the Rico Wells, except as covered under the 95 Plan, may impact the CWCB ISF. Rico’s out-of-priority diversions can be accomplished either by pumping from the Rico Wells, with augmentation water released from the DWCD UR, or by pumping directly from the DWCD UR into the Rico water system, in which case no augmentation water would be discharged directly to the river. Should Rico develop an agreement with the CWCB to mitigate the impact of Rico out-of-priority diversions on the CWCB ISF separately from this augmentation plan, the requirement herein to provide augmentation water for out-of-priority diversions from the Rico Wells shall be modified. Well Field Plan. The District will provide a Well Field Plan to the Division 7 Engineer at least 6 months prior to application for any relevant well permits (1) showing the locations of the Augmentation Well(s) in the DWCD UR, the Rico Well(s), described in Paragraph F above, and the monitoring well(s) described in Paragraph 3(E) above; (2) describing how the monitoring wells will be utilized to verify the Augmentation Well(s) are not impacting the East Fork flow during call periods; (3) describing the overall development plan for all wells within the Well Field; and, (4) describing the measures that will be taken if the monitoring well(s) indicate an unwanted impact to the East Fork flow. (a) ADs may divert water anywhere within the Augmentation Service Area. (b) The terms and conditions described in Section 6. of the 95 Plan shall be used for accounting for ADs hereunder. (c) Water users to benefit from the augmentation water from the DWCD UR under this Plan shall meet all applicable provisions of the 95 Plan. Upon approval of this Plan, and annually thereafter, or more frequently if reasonably required by the Division Engineer, the District shall prepare a plan for the release of water from the DWCD UR to augment out-of-priority depletions from the East Fork. All diversions requiring augmentation water under this Plan are subject to the provisions of C.R.S. §37-92-305(8), requiring the State Engineer to curtail all out-of-priority diversions, the depletions from which are not replaced so as to prevent injury to vested water rights. Retained Jurisdiction: will be agreed upon pursuant to C.R.S. §37-92-304(6). (7 pages)

06 CW 126, La Plata County, Water District No. 7 Applicant: South Durango Sanitation District, PO Box 2024, Durango, CO 81302; Attorney: Floyd L. Smith, 48 CR 250, Suite 5, Durango, CO 81301; 1) NAME OF STRUCTURE: South Durango Sanitation District Spring No. 1; 2) LEGAL DESCRIPTION OF EACH POINT OF DIVERSION: 2,940 feet south of the north section line, and 1,780 feet west of the east section line of Section 8U, T34N, R9W, NMPM, La Plata County, Colorado; 3) SOURCES: Undeveloped spring tributary to the Animas River; 4) DATES OF INITIATION OF APPROPRIATION, HOW APPROPRIATION WAS INITIATED, AND DATE WATER WAS APPLIED TO BENEFICIAL USE: 1. October 19, 2006, 2. Board of Directors authorized District consultants to prepare a plan to use the water from the spring for landscape

49 irrigation, treatment plant cleaning and other non-potable uses associated with the District’s wastewater treatment facility and preparation of the plan began. 3. Spring, 2007; 5) AMOUNT CLAIMED: 0.3 cfs, absolute; 6) PROPOSED USES: irrigation, industrial, municipal; 7) NAME AND ADDRESS OF OWNER UPON WHICH ANY STRUCTURE IS OR WILL BE LOCATED, UPON WHICH WATER IS OR WILL BE STORED, OR UPON WHICH WATER IS OR WILL BE PLACED TO BENEFICIAL USE: South Durango Sanitation District, PO Box 2024, Durango, CO 81302. (4 Pages)

06CW127; LA PLATA COUNTY, WATER DISTRICT NO. 30: 1) Applicant: Southwestern Water Conservation District (“District”), Attn: Lynn Herkenhoff, Manager, 835 East Second Avenue, Durango, Colorado 81301 (970)247-1302; 2) Attorney: John Barlow Spear, Esq., Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Type of Application: surface water rights; 4) Background for Application for the Two Water Rights Requested (“Rights”): This Application is filed by the District to seek to avoid impairment to Colorado’s ability to develop its Compact entitlement and to allow maximum utilization of Colorado’s water in response to the Application of the City of Durango (“Durango”) for a recreation in-channel diversion water right in Case No. 06CW09 (“RICD”). The District proposes to obtain the water rights (“Rights”) to cover depletions from new uses of water on the Animas River and its tributaries above the proposed RICD structures (“Animas Service Area”), as may be decreed absolute in separate applications or as permitted for use from non-exempt wells (“Authorized Depletions”). The volume of Authorized Depletions for each new use will be determined and be accounted for against the total volume decreed under this application. 5) New Surface Water Right: SWCD Diversion; Legal description: SW1/4SW1/4 of Section 29, T35N, R9W, N.M.P.M.; 1250 ft. from the South Section Line and 720 ft. from the West Section Line; UTM, Nad83, Zone 13, 244452mE, 4128306mN, as shown on the map attached to the Application as Exhibit “A;” Source: Animas River; Appropriation Date and how initiated: 1995; Applicant participation in Colorado Water Conservation Board Workgroup Report (“CWCB Report”) entitled, “Colorado River Compact Water Development Projections;” Amount: 30,000 AF Annually, Conditional (Depletive Amount); Uses: Depletions in the Animas Service Area from the production of non-exempt wells and from water diversions for irrigation, supplemental irrigation, domestic and municipal use, pond and other evaporation, industrial and manufacturing use, commercial use, including, but not limited to, gravel mining and other mining, stock and wildlife watering, fire fighting, recreation, piscatorial, augmentation, exchange, and all other beneficial uses currently recognized or recognized in the future; Owner of land: Colorado Department of Transportation, 3803 N. Main Avenue, Durango, Colorado, 81301, (970) 385-1402. 6) New Surface Water Right: SWCD Carve Out; Background: In Case 06CW9, Durango applied for a RICD water right. Durango proposes to build structures in the channel of the Animas River in the vicinity of Durango’s current Whitewater Park near the intersection of Santa Rita Drive and Highway 160 in Durango, Colorado. Each of the control structures is to control the entire flow within the river channel. Because Durango’s RICD application, as filed, does not protect existing undecreed and future water development on the Animas River, the RICD would impair Colorado’s ability to develop water under pertinent compacts and would fail to promote maximum utilization of Colorado’s waters unless a “carve out” is included in any decree entered in Case 06CW9. Statutory requirements for the decree of an RICD include non impairment of Colorado’s Compact Entitlement (C.R.S. § 37-92-

50 305(13)(a)(I)) and maximum utilization of Colorado’s water (C.R.S. § 37-92-305(13)(a)(II)). To comply with these statutory requirements, Applicant asserts any Durango RICD decree must include a “Carve Out,” which subordinates the RICD to depletions from 30,000 AF of future and existing undecreed water rights in the Animas Service Area. Carve Out Water Right Water right from which the Carve Out is to be made: Any decree entered in Case 06CW09; Appropriation Date and how initiated: appropriation date as may be decreed for the Durango RICD application; Carve Out Amount: 30,000 AF annually (Depletive Amount); Uses: depletions in the Animas Service Area, from the production from non exempt wells and from water diversions for irrigation, supplemental irrigation, domestic and municipal use, pond and other evaporation, industrial and manufacturing use, commercial use, including, but not limited to, gravel mining and other mining, stock and wildlife watering, fire fighting, recreation, piscatorial, augmentation, exchange, and all other beneficial uses currently recognized or recognized in the future; Owners of land on which depletions may come under the Rights: Any land within the Animas Service Area. 7) Basis for Determining amount of Authorized Depletions. Conditional water rights may become Authorized Depletions hereunder when made absolute. Depletions from non-exempt wells permitted after any Durango RICD decree is entered shall also be deemed Authorized Depletions. In the event the total of Authorized Depletions exceeds 30,000 AF, then the RICD may call out water rights in excess of the Rights decreed under this Application according to the priority system. The District shall assist the Division Engineer in developing an accounting system to keep track of Authorized Depletions, reporting such accounting to the Court and providing notice of such accounting. 8) Rights may be in alternative. If one of the Rights herein is decreed in a manner which protects a total of 30,000 AF of depletions for existing undecreed and future water development, then the application for the second right may be withdrawn. (6 pages)

06CW128; LA PLATA COUNTY, WATER DISTRICT NO. 30: 1) Applicant: Trimble Spa, Natural Hot Springs, a Colorado Limited Liability Company, 6475 County Road 203, Durango, CO 81301, (970) 247-9265; 2) Attorney: Janice C. Sheftel, Esq., Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Type of Application: surface water rights; 4) Name of Structure: Trimble Hot Springs; Legal description: A spring located in the NW1/4 of Section 15, T36N, R9W, N.M.P.M., at a point 831.25 feet south of the North line of said Section 15 and 337.5 feet east of the West line of said Section 15. Water from the Spring is then conveyed through a pipeline to its various places of use. See map attached to the Application as Exhibit “A.”; Source: Trimble Hot Springs, tributary to Animas River; Date of appropriation and how initiated: 1985, on site water quality testing for use of water for drinking; Amount: 0.579 c.f.s. (260.5 gpm), Conditional. (For Trimble Hot Springs decreed water rights, see table contained in Application); Use: commercial, including, but not limited to, bottled water, and other commercial purposes not yet decreed for Trimble Hot Springs (In Case 98CW75, Applicants’ predecessor in interest was granted a conditional water right for 58 gpm for commercial purposes. Therefore, a new commercial right should be needed only for 0.45 c.f.s. (202.5 gpm)); Owner of land: Applicant; Remarks: Trimble Hot Springs is not now permitted as a geothermal well. Should it be determined that Trimble Hot Springs is a well, an appropriate geothermal well permit would be obtained prior to seeking to make the conditional water right sought herein absolute. (4 pages)

51 06CW129 Hinsdale County, Water District No. 78. Applicant: John Q. Adams, Jr. and Vicki Adams, 517 Coyote Road, Southlake, TX 76262. Attorneys: Michael J. Sawyer, Esq. and Chad J. Lee, Esq., c/o Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Please direct all correspondence, motions and pleadings to the attorneys for the Applicant, Leavenworth & Karp, P.C. Application for Water Rights, Application to Change Water Rights and Plan for Augmentation. First Claim; Appropriation of Conditional Water Rights. Name of Structure: Sixth President Pond No. 1. Location: The pond will be located in Township 37 North, Range 3 West, NE1/4, NW1/4, Section 22, 662 feet from the north line and 2,042 feet from the west line in the New Mexico Principal Meridian, at UTM coordinate N4145144:E307296 (NAD83, Zone 13). Sources: Sixth President Pump and Pipeline and Piedra Falls Ditch, both tributary to the East Fork of the Piedra River. Appropriation Date: September 28, 2006, Applicant’s water consultant visited the site and confirmed the feasibility of Applicant’s intent and desire to construct pond on property. Amount: 4.0 acre feet together with the right to fill and refill in priority for the total amount of water claimed. Conditional. Use: Aesthetic, recreation, propagation of wildlife, piscatorial, fire protection, augmentation, and storage. Surface Area of High Water Line: 1 acre-foot. Maximum Height of Dam in Feet: 9 feet. Maximum Length of Dam in Feet: 200 feet. Name of Structure: Sixth President Pond No. 2. Location: The pond will be located in Township 37 North, Range 3 West, NE 1/4, NW 1/4, Section 22, 560 feet from the north line and 2,306 feet from the west line in the New Mexico Principal Meridian, UTM coordinates N4145163:E307379 (NAD83, Zone 13). Sources: Sixth President Pump and Pipeline and Piedra Falls Ditch, both tributary to the East Fork of the Piedra River. Appropriation Date: September 28, 2006, Applicant’s water consultant visited the site and confirmed the feasibility of Applicant’s intent and desire to construct pond on property. Amount: 4.0 acre feet together with the right to fill and refill in priority for the total amount of water claimed. Conditional. Use: Aesthetic, recreation, propagation of wildlife, piscatorial, fire protection, augmentation, and storage. Surface Area of High Water Line: 1 acre-foot. Maximum Height of Dam in Feet: 9 feet. Maximum Length of Dam in Feet: 100 feet. Name of Structure: Sixth President Pump and Pipeline. Point of Diversion: The Sixth President Pump and Pipeline diversion will be located in Township 37 North, Range 3 West, SE ¼, SW1/4, Section 15, 838 feet from the south line and 2,035 feet from the west line in the New Mexico Principal Meridian, UTM coordinates N4145591:E307306 (NAD83, Zone 13). Source: The East Fork of the Piedra River, tributary to the San Juan River. Appropriation Date: September 28, 2006, Applicant’s water consultant visited the site and determined the feasibility of a source of water for two ponds consistent with Applicant’s intent and desire. Amount: 0.5 cfs. Conditional. Use: Aesthetic, recreation, propagation of wildlife, piscatorial, fire protection, augmentation, and storage. Location of all structures in this First Claim for Relief shall be on property owned by Applicant. See Figures 1 and 2 attached to the Application. Second Claim; Change of Water Rights. From Previous Decree, Case No. CA 0308, adjudicated April 19, 1962, District Court for Archuleta County. PIEDRA FALLS DITCH. Point of Diversion: The headgate of the Piedra Falls Ditch is on the south bank of the East Fork of the Piedra River and, measuring from the center lip of the Piedra Falls as the starting point, the headgate is located as follows: Beginning at the center lip of the Piedra Falls, and bearing 46˚ 05' southwest 353 feet, thence bearing 32˚ 58' southwest 1075 feet, thence bearing 60˚ 01' southwest 810 feet. Thence bearing 18˚ 21' southwest 350 feet 8 inches thence bearing 40˚ 03' southeast 128 feet, thence bearing 31˚ 25' southeast 94 feet 3 inches, thence bearing 32˚ 35' southeast 37 feet, thence bearing 36˚ 20' southeast 34 feet to the headgate.

52 The location of the Piedra Falls Ditch is depicted on Figure 1 attached to the Application. Source of water: The East Fork of the Piedra River, tributary to the San Juan River. Appropriation date: July 18, 1934. Rate of Diversion: 26 cfs, absolute. Use: Irrigation. Proposed Change of Water Storage Right: Use: The Applicant claims to change the use for 0.5 cfs of the Piedra Falls Ditch water right to fill and refill the Sixth President Pond Nos. 1 and 2 and for aesthetic, recreation, propagation of wildlife, piscatorial, fire protection, augmentation, and storage. Amount: 0.5 cfs. Applicant is the owner of 12 shares in the Piedra Falls Ditch Company, which translates into the right to use approximately 3 cfs of water in the ditch. Place of Use: The Applicant claims a change in location for the place of use for the water rights described in the First Claim to the Sixth President Pond Nos. 1 and 2. Water from the Piedra Falls Ditch will continue to be used on property owned by Applicant. Third Claim; Plan for Augmentation. Applicant and Applicants’ predecessors-in-interest have historically irrigated a substantial portion of Applicants’ property with water from the Piedra Falls Ditch. For this augmentation plan, applicant will dry up 4.15 acres of lands which have been historically irrigated under the Piedra Falls Ditch. The historic consumptive use from the dry up of said lands is 1.04 acre feet per acre. The dry up of 4.15 acres will result in 4.36 acre feet of historic consumptive use. Applicant intends to construct the Sixth President Pond Nos. 1 and 2 as described in the First Claim for Relief such that the ponds will have a combined surface area of 2.0 acres. Two acres of pond surface area will evaporate 4.32 acre feet of water during the 149-day irrigation season which runs from May 12th to October 7th. Applicant intends to dry-up 4.15 acres of historically irrigated pasture to offset the evaporative losses from the 2.0 acres of pond surface area. The consumptive use credits to which Applicant is entitled are sufficient to compensate for the evaporative loss from the Sixth President Pond Nos. 1 and 2. Outside the irrigation season, the Sixth President Pond Nos. 1 and 2 will fill and refill when in priority. (Application - 6 pages. Attachments - 8 pages.)

06CW130; La Plata County, Water District No. 30: 1) Applicant: Living Trust Agreement of Steven Robert Spriggs UTD September 23, 1994. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: Ambold Ditch No. 2, Ambold Ditch, and Elbert Ditch No. 1. 4) Type of Application: Application for change of water rights and new surface rights (“Application”). 5) Drainage Basin: Animas River Basin. 6) Locations: Ambold Ditch No. 2 is located at a point whence the W1/4 of Section 30, T37N, R8W, NMPM, bears North 10° 15' West, 1,330 feet. The Elbert Ditch No. 1 is located at a point approximately 775 feet southeast of the northwest corner of the NW1/4 of Section 31, and approximately 975 feet in a northeasterly direction from the southwest corner of the NW1/4NW1/4 of said Section 31, all in T37N, R8W, NMPM. The Ambold Ditch is located at a point whence the Southwest corner of Section 30, T37N, R8W, NMPM, bears South 12° 23' West, 908 feet. 7) Change of Water Right: Applicant owns Lot 2-B of the Amended Varis Lot Consolidation, Project No. 2000-95, according to the plat filed for record in La Plata County under Reception No. 791624, also known as 10582 CR 250, Durango, CO 81301 (the “Property”). With the Property, Applicant received 0.5 cfs in the Elbert Ditch No. 2. Elbert Ditch No. 2 water, however, was transferred to the Ambold Ditch No. 2 on December 5, 1973, prior to Applicant receiving title to the Property. The result is that Applicant owns water situated east of the Property, rather than in the Ambold Ditch or the Elbert No. 1 Ditch, which both run on the Property. The grantor of Applicant’s water right, the Anne G. Varis IRA (“Grantor”), may have intended to convey 0.5 cfs in the Elbert No. 1 Ditch, lying on the Property, and not in the

53 Elbert Ditch No. 2. In the alternative, the Grantor may have intended to convey 0.5 cfs from a combination of the Ambold Ditch and the Elbert No. 1 Ditch, which both run on the Property. Applicant is requesting that the Court transfer Applicant’s 0.5 cfs from the Ambold Ditch No. 2 to the Elbert Ditch No. 1 and the Ambold Ditch, such that Applicant can divert its 0.50 cfs from either ditch or a combination of both ditches. Should it be determined that Applicant owns 0.5 cfs of water in either the Ambold Ditch, the Elbert No. 1 Ditch, or a combination of these ditches, Applicant requests that these ditches be decreed as alternate points of diversion for each other, so that Applicant can divert its 0.50 cfs from either ditch or a combination of both ditches. Applicant also requests that the new uses described below be added to his water as a new water right. 8) Type of Uses: Ambold Ditch No. 2, Ambold Ditch and Elbert Ditch No. 1 are decreed for irrigation, and incidental stockwatering and domestic uses. The uses at the new points of diversion will include these decreed uses, as well as recreation, aesthetics, piscatorial uses, and the filling and refilling of ponds for end uses including the aforementioned existing decreed uses and additional uses. All uses will be made on the Property. 9) Amount: 0.5 cfs absolute. 10) Appropriation Dates: The new uses will be a new water right with a 2006 priority and an appropriation date of April 14, 2000. The existing decreed uses, as well as the filling of ponds for application to the existing decreed uses, shall continue to be fulfilled under the existing decrees and priorities, which are as follows: Ambold Ditch No. 2: May 7, 1897 and Priority No. A-28; Elbert Ditch No. 1: April 2, 1879 and Priority No. A-8; Ambold Ditch: May 6, 1897 and Priority No. A-27. 11) Additional Information: See Application. (7 pages)

06CW131; La Plata County, Water District No. 30: 1) Applicant: Redtail Mountain Ranches, LLC. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1099 Main Ave., Suite 303, Durango, CO 81301. 3) Name & Type of Structures: NW Corner Spring; Pond Spring; NE Corner Spring; Hunting Camp Spring; Spring No. 2; Lower Willow Bog; Upper Willow Bog; Spring No. 3; Mexican Spring; Aspen Spring; Middle Spring; and SW Corner Spring (collectively the “Springs”); Gaines Draw PODs; Redtail Creek PODs; Spud Draw PODs; North Fork Spud Draw PODs; and Aspen Spring Draw PODs (collectively the “PODs”) are all new surface rights for Redtail Mountain Ranch, Lots 1-22, per the plat filed for record with the La Plata County Clerk and Recorder’s Office under Reception No. 793136 (“Redtail”). 4) Type of Application: Application for new surface rights (“Application”). 5) Drainage Basin: The Springs are tributary to various drainages in Redtail; Gaines Draw PODs divert from Gaines draw; Redtail Creek PODs divert from Redtail Creek, tributary to Carson Creek; Spud Draw PODs divert from Spud Draw which obtains water from NE Corner Spring and Gaines Draw, as well as water tributary to Spud Draw; North Fork Spud Draw PODs divert from North Fork Spud Draw; Aspen Spring Draw PODs divert from Aspen Spring Draw; all of which are tributary to the Animas River and further depicted on Exhibit B of the Application. 6) Locations: The Springs are located generally in Sections 20, 21, and 29, all in T37N, R8W, NMPM, as approximately shown on Exhibit B of the Application, and more particularly described by Redtail lot number in section 3(a)(iv) of the Application. Gaines Draw and Redtail Creek are located generally in Sections 21 and 20, T37N, R8W, NMPM, and enter Redtail on Lot 18. Spud Draw starts at approximately the point of the NE Corner Spring, in Section 21, on Lot 18 of Redtail, and flows southwesterly through Section 20, all in T37N, R8W, NMPM. North Fork Spud Draw is located generally in Section 20, T37N, R8W, NMPM, on Lots 7 and 5 of Redtail. Aspen Spring Draw is located generally in Section 29, T37N, R8W, NMPM, on Lot 3 of Redtail. All locations are

54 further described on Exhibits A and B of the Application with specific locations of the various points of diversion to be provided when Applicant files for absolute water rights. 7) Type of Uses: The Springs and the PODs are for domestic, irrigation including lawn and garden (up to 2 acres of irrigation per Redtail lot as shown on Exhibit A of the Application, collectively to be used for up to 44 acres of irrigation on 22 lots within Redtail), stockwatering, fire protection, and filling and refilling of ponds/water features for recreation, aesthetics, piscatorial uses, and the aforementioned purposes. 8) Amounts: NW Corner Spring: 25 gpm (0.056 cfs) conditional; Pond Spring: 90 gpm (0.2 cfs) conditional; NE Corner Spring: 75 gpm (0.17 cfs) conditional; Hunting Camp Spring: 20 gpm (0.044 cfs) conditional; Spring No. 2: 3 gpm (0.007 cfs) conditional; Lower Willow Bog: x gpm (x cfs) conditional; Upper Willow Bog: 10 gpm (0.022 cfs) conditional; Spring No. 3: 0.5 gpm (0.001 cfs) conditional; Mexican Spring: 15 gpm (0.033 cfs) conditional; Aspen Spring: 25 gpm (0.056 cfs) conditional; Middle Spring: 5 gpm (0.011 cfs) conditional; SW Corner Spring: 5 gpm (0.011 cfs) conditional; Gaines Draw PODs and Spud Draw PODs: each are 2.0 cfs conditional; and, Redtail Creek PODs, North Fork Spud Draw PODs, and Aspen Spring Draw PODs: each are 1.0 cfs conditional. 9) Appropriation Dates: at least June 1, 1936 for irrigation, and at least August 1996 for all other uses for the Springs, with a 2006 priority. At least August 1996 for the PODs, with a 2006 priority. 10) Additional Information: See application. (9 pages)

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308, C.R.S. (2006) directs the State Engineer to establish a notification list for each water division to notify interested parties of requests for approval of: substitute water supply plans (§37-92-308), loans for an instream flow (§37-83-105), and interruptible water supply agreements (§37-92-309). To receive this information for calendar year 2007, specify whether you prefer to receive the information by first-class mail or electronic mail and send your name, mailing address, e-mail address, daytime telephone number, and water division(s) to: Substitute Water Supply Plan Notification List, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203 or e-mail to: [email protected]. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us/. Questions may be directed to the Division of Water Resources at (303) 866-3581 or dwr- [email protected].

SUPREME COURT OF COLORADO OFFICE OF THE CHIEF JUSTICE ORDER IN THE MATTER OF THE APPOINTMENT OF WATER JUDGES UNDER THE WATER RIGHT DETERMINATION AND ADMINISTRATION ACT OF 1969 Pursuant to Section 37-92-203(2), C.R.S. (2006) the following judges are designated or redesignated as water judges for the water divisions of the state for 2007:

55 Roger A. Klein Division 1 Gilbert Gutierrez*

Division 2 C. Dennis Maes Kirk S. Samelson *

Division 3 O. John Kuenhold Pattie P. Swift*

Division 4 J. Steven Patrick Charles R. Greenacre *

Division 5 Daniel B. Petre James B. Boyd*

Division 6 Michael A. O’Hara Daniel J. Kaup*

Division 7 Gregory G. Lyman David L. Dickinson*

Dated this 15th day of December, 2006.

/ s / Mary J. Mullarkey Chief Justice * Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation.

SUPREME COURT OF COLORADO OFFICE OF THE CHIEF JUSTICE ORDER CONCERNING THE APPOINTMENT OF DESIGNATED GROUND WATER JUDGES Pursuant to the provisions of Section 37-90-115(1)(b)(V), C.R.S. (2006), the following district judges are appointed as designated ground water judges for the named designated ground water basins for 2007:

Judicial Designated Ground Water Basin Judge District

Northern High Plains John Curtis Penny, Jr. 13th

56 Camp Creek

Kiowa-Bijou C. Vincent Phelps, Jr. 17th Lost Creek

Upper Black Squirrel Creek Larry E. Schwartz 4th Upper Big Sandy

Southern High Plains Stanley A. Brinkley 15th

Upper Crow Creek Roger A. Klein 19th

Dated this 15th day of December, 2006

/ s / Mary J. Mullarkey Chief Justice

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of February, 2006, to file with the Water Clerk, in quadruplicate, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $70.00; Forms are available through the Office of the Water Clerk or on the Judicial site at www.courts.state.co.us) Paula K. Petersen, Clerk of the Water Court, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157)

Published: before January 31, 2007 Original signature on file Paula K. Petersen, Water Clerk

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