DISTRICT COURT, WATER DIV. 6, TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 6

Pursuant to C.R.S. 37-02-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Div. 6, during the month of MARCH, 2003.

1. 03CW17 THE TOWN OF HAYDEN, A COLORADO STATUTORY TOWN, MICHAEL J. HOLLORAN, P.O. BOX 773600, STEAMBOAT SPRINGS, CO 80477 (970)879-2410. APPLICATION FOR CHANGE OF WATER RIGHT in ROUTT COUNTY. Decreed name of structure for which change is sought: WALKER IRRIGATION DITCH. From previous decree: A1. DATE ENTERED: SEPTEMBER 22, 1892; APPROPRIATION DATE: OCTOBER 1, 1888. PRIORITY NO. 34 FOR .5 C.F.S. A2. DATE ENTERED: JULY 12, 1948: APPROPRIATION DATE: OCTOBER 1, 1888. PRIORITY NO. 178 FOR .5 C.F.S COLLECTIVELY REFERRED TO AS THE “WATER RIGHTS”. Decreed point of diversion for A1 and A2: THE DECREED POINT OF DIVERSION IS ON THE S BANK OF THE AT A POINT AT WHENCE THE SW CORNER OF THE NW4 OF SEC 6, T7N, R87W OF THE 6TH P.M. BEARS N 76°W, 53.75 CHAINS. THE WATER IS DIVERTED FROM THE YAMPA AND CONVEYED IN AN OLD RIVER CHANNEL TO THE DECREED POINT OF DIVERSION. THE CURRENT POINT OF DIVERSION FROM THE RIVER IS LOCATED APPROXIMATELY 2,000 FT FROM THE DECREED POINT OF DIVERSION AS SHOWN ON FIGURE 2 (SEE COURT FILE). THE ACTUAL POINT IS ON THE S BANK OF THE YAMPA RIVER AT A POINT IN THE SE4 OF SEC 6, T7N, R87W OF THE 6TH P.M. APPROX 820 FT FROM THE S SEC LINE AND APPROX 125 FT FROM E SEC LINE. Alternate Point of Diversion for A1 and A2: ALTERNATE POINT OF DIVERSION IS LOCATED AT THE TOWN OF HAYDEN INTAKE PIPELINE, WHICH IS LOCATED ON THE S AND LEFT BANK OF THE YAMPA RIVER, AT A POINT WHICH THE SW CORNER OF SEC 3, T6N, R88W OF THE 6TH P.M. BEARS S 40° 33’ W 926 FT. Source for A1 and A2: YAMPA RIVER. Appropriation Date and Amount: A1: OCTOBER 1, 1888 FOR .5 C.F.S. A2: OCTOBER 1, 1888 FOR .5 C.F.S. Historic Use: THE WATER RIGHTS HAVE BEEN USED TO IRRIGATE APPROX 22 ACRES. Source A1: YAMPA RIVER A2: YAMPA RIVER. Proposed Change: THE APPLICANT IS PROPOSING AN ALTERNATE POINT OF DIVERSION AS DESCRIBED ABOVE FOR THE WATER RIGHTS AND IS PROPOSING A CHANGE IN USE TO INCLUDE MUNICIPAL, DOMESTIC, COMMERCIAL, INDUSTRIAL RECREATIONAL AND FIRE PROTECTION IN ADDITION TO THE PREVIOUSLY ADJUDICATED IRRIGATION USE. THE DIVERSION AND CONSUMPTIVE USE OF WATER AT THE TOWN OF HAYDEN INTAKE PIPELINE WOULD BE LIMITED TO THE HISTORIC DIVERSIONS AND CONSUMPTIVE USE OUTLINED IN TABLE 1. THE RETURN FLOWS FROM WATER DIVERTED THROUGH THE APPLICANT’S WATER SYSTEM ARE DELIVERED TO THE YAMPA RIVER AT OR ABOVE THE IRRIGATION RETURN FLOWS FROM THE 22 ACRES OF IRRIGATION. If a change in point of diversion, please provide legal description and include distance and bearing: SEE PARAGRAPH ABOVE ENTITLED ALTERNATE POINT OF DIVERSION. Name and address of owner of land on which structure is or will be located: TOWN OF HAYDEN (SEE ADDRESS ABOVE).

2. 03CW18 JAMES W. AND JOANNE M. STANKO, P.O. BOX 772797, STEAMBOAT SPRINGS, CO 80477 (970)879-3936. APPLICATION FOR WATER RIGHTS (SURFACE) in ROUTT COUNTY. Name of Structure: FRED’S SPRING. Legal description of each point of diversion: ROUTT COUNTY, SW4 OF THE NE4 OF SEC 10, T6N, R85W OF THE 6TH P.M., 2375 FT FROM N LINE OF NE4 AND 1450 FT FROM E LINE OF NE4. STREET ADDRESS: 39650 RCR 33, STEAMBOAT SPRINGS, CO 80487. Source: MILK CREEK AND YAMPA RIVER. Date of initiation of appropriation: SEPT. 20, 1980. How appropriation was initiated: SPRING WAS DEVELOPED TO FEED STOCK WATER TANK. Date water applied to beneficial use: SEPT. 20, 1980. Amount claimed: 0.066 C.F.S. Use or proposed use: LIVESTOCK. If non-irrigation, describe purpose fully: LIVESTOCK WATER. Name and address of owner of land: SAME AS APPLICANT. Remarks: SPRING WAS DEVELOPED THROUGH A ROUTT COUNTY SOIL CONSERVATION DISTRICT COST SHARE PROGRAM, BUT WAS NEVER FILED ON.

3. 03CW19 JAMES W. AND JOANNE M. STANKO, BOX 772797, STEAMBOAT SPRINGS, CO 80477 (970)879-3936. APPLICATION FOR WATER RIGHTS (SURFACE) in ROUTT COUNTY. Name of structure: BEN’S SPRING. Legal description of each point of diversion: ROUTT COUNTY, SE4 OF THE NE4 OF SEC 10, T6N, R85W OF THE 6TH P.M., 2450 FT FROM N LINE OF THE NE4 AND 1150 FT FROM E LINE OF THE NE4, STREET ADDRESS: 39650 RCR 33, STEAMBOAT SPRINGS, CO 80487. Source: MILK CREEK AND YAMPA RIVER. Date of initiation of appropriation: JUNE 15, 1960. How appropriation was initiated: SPRING WAS DUG OUT AND FEEDS INTO AN 18” CULVERT. Date water applied to beneficial use: JUNE 15, 1960. Amount claimed: 0.033 C.F.S ABSOLUTE. Use or proposed use: LIVESTOCK WATER. If non-irrigation, describe purpose fully: LIVESTOCK WATER. Name and address of owner of land: SAME AS APPLICANT. Remarks: SPRING WAS DEVELOPED BY MY FATHER PETER STANKO, JR. BUT WAS NEVER FILED ON.

4. 03CW20 JAMES W. AND JOANNE M. STANKO, BOX 772797, STEAMBOAT SPRINGS, CO 80477 (970)879-3936. APPLICATION FOR WATER RIGHTS (SURFACE) in ROUTT COUNTY. Name of structure: SKIP’S SPRING. Legal description of each point of diversion: ROUTT COUNTY, NE4 OF THE SE4 OF SEC 10, T6N, R85W OF THE 6TH P.M., 680 FT FROM N LINE OF SE4 AND 1245 FT FROM E LINE OF SE4. STREET ADDRESS: 39650 RCR 33, STEAMBOAT SPRINGS, CO 80487. Source: MILK CREEK AND YAMPA RIVER. Date of initiation of appropriation: NOVEMBER 5, 2002. How appropriation was initiated: SPRING WAS DEVELOPED TO FEED STOCK WATER TANK. Date water applied to beneficial use: NOVEMBER 5, 2002. Amount claimed: 0.066 C.F.S. ABSOLUTE.

PAGE 2 Use or proposed use: LIVESTOCK WATER. If non-irrigation, describe purpose fully: LIVESTOCK WATER. Name and address of owner of land: SAME AS APPLICANT.

5. 03CW21 (15) (317B) JAMES W. AND JOANNE M. STANKO, BOX 772797, STEAMBOAT SPRINGS, CO 80477 (970)879-3936. APPLICATION FOR CHANGE OF WATER RIGHT in ROUTT COUNTY. Decreed name of structure: WOOLERY DITCH. From previous decree: Date entered: 9-22-1892, 9-14-1946. Case No.: 15, 317B. Court: ROUTT. Decreed point of diversion (map at Court): STREAM MILE 196.50 IN THE NW NW SEC 7, T6N, R85W IN ROUTT COUNTY. Source: YAMPA RIVER. Appropriation date: 1885, 1918. Amount: 10 C.F.S., 27.4 C.F.S. Historic use: HISTORIC USE IS FLOOD IRRIGATION ON APPROXIMATELY 536 ACRES. THE STANKO SHARE IS 2.75 C.F.S. OF THE 10 C.F.S. DECREE AND 8.2 C.F.S. OF THE 27.4 C.F.S. DECREE WHICH IRRIGATES APPROXIMATELY 109.2 ACRES OF STANKO DEEDED MEADOW. Proposed change: (A) AN ALTERNATE POINT OF DIVERSION FROM THE WOOLERY DITCH TO (B) TO THE S BANK OF THE YAMPA RIVER LYING IN THE SE4 OF SEC 3, T6N, R85W (C) TO IRRIGATE APPROX 20.1 ACRES OF MEADOW LYING NORTH OF THE UNION PACIFIC RAILROAD THAT WAS CUT OFF FROM HISTORIC FLOOD IRRIGATION DUE TO THE SUBDIVISION OF LAND DIRECTLY TO THE EAST (D) .25 C.F.S. FROM THE 10 C.F.S. DECREE AND .75 C.F.S. FROM THE 27.4 DECREE (E) SET UP AND USE A SPRINKLER GUN IRRIGATION SYSTEM FROM 15 MAY TO 15 JULY DAILY FOR APPROX 8 HR PER DAY. If a change in point of diversion, provide legal description: SE4 OF THE SE4, SEC 3, T6N, R85W, OF THE 6TH P.M., 1160 FT FROM S LINE OF SE4 AND 650 FT FROM E LINE OF THE SE4. STREET ADDRESS: 39650 RCR 33, STEAMBOAT SPRINGS, CO 80487. Name and address of owner of land: SAME AS APPLICANT.

6. 03CW22 (96CW55) HARRIET ASPEGREN AND KEMRY A. WAIT, 4168 W. CHENANGO AVE., LITTLETON, CO 80123. APPLICATION TO MAKE ABSOLUTE in ROUTT COUNTY. Name of structure: KEMRY SPRING #1. Describe conditional water right: Date of original decree: 3/11/97. Case No. 96CW55. WATER COURT DIVISION 6. Legal description: SE4 OF THE NW4, SEC 18, T2N, R84W OF THE 6TH P.M., 1900 FT FROM N AND 1600 FT FROM W. STREET ADDRESS: 30955 LONE EAGLE CIRCLE, YAMPA, CO 80483. Source: WHEELER, LAKE CREEK OF PHILLPS CREEK OF YAMPA RIVER. Appropriation date: JULY 8, 1994. Amount: 0.2 C.F.S. Use: IRRIGATION. Provide a detailed outline of what has been done toward completion of the appropriation: GENERAL MAINTENANCE AND UPKEEP OF ORIGINAL POND OR RESERVOIR THAT WAS EXISTING ON PROPERTY WHEN PURCHASED JULY 29, 1994. If claim to make absolute, water applied to beneficial use: IRRIGATION. Date: 07/08/1994. Amount: 0.2 C.F.S. Use: IRRIGATION. Description of place of use: SE4 NW4 SEC 18, T2N, R84W OF THE 6TH P.M. AT A POINT 1600 FT FROM W SEC LINE AND 1900 FT FROM N SEC LINE OF SAID SEC. Name and address of owner of land: HARRIET ASPEGREN AND KEMRY A. WAIT, 30955 LONE EAGLE CIRCLE, YAMPA, CO 80483.

PAGE 3 7. 03CW23 THE STATE OF COLORADO, DIVISION OF PARKS AND OUTDOOR RECREATION, DEPARTMENT OF NATURAL RESOURCES, 1313 SHERMAN ST., ROOM 618, DENVER, CO 80203 (303)866-3437. APPLICATION FOR WATER RIGHTS AND PLAN FOR AUGMENTATION in ROUTT COUNTY. CLAIM I – UNDERGROUND WATER RIGHTS: Name of Structure and locations: HEADQUARTER DIVERSION. THE POINT OF DIVERSION IS LOCATED IN THE NE4, SW4 SEC 7, T6N, R88W, 6TH P.M. AT A POINT 2000 FT FROM THE S SEC LINE AND 2060 FT FROM THE W SEC LINE. WELL PERMIT #053493-F HAS BEEN ISSUED FOR THIS WATER DIVERSION. Source: ALLUVIUM OF YAMPA RIVER. Appropriation date: MARCH 21, 2000. Use: COMMERCIAL, RECREATIONAL, IRRIGATION, FIRE PROTECTION, AND DOMESTIC. Amount claimed: 30 GPM, ABSOLUTE, WITH AN ANNUAL DEPLETION VOLUME NOT TO EXCEED FOUR ACRE FT. Owner of lands on which structure is located: COLORADO STATE PARKS. CLAIM II-UNDERGROUND WATER RIGHTS Name of structure and location: WEST POND. THE POINT OF DIVERSION FOR THIS FACILITY IS NW4, SW4, SEC 7, T6N, R88W, 6TH P.M. WELL PERMIT #050820-F. Source: ALLUVIUM OF YAMPA RIVER. Appropriation date: OCTOBER 29, 1998. Use: EVAPORATION, RECREATION, AND PISCATORIAL, IRRIGATION, FIRE PROTECTION. Amount claimed: 30 GPM, ABSOLUTE, WITH AN ANNUAL DEPLETION VOLUME NOT TO EXCEED 3.72 ACRE FT. Owner of lands on which structure is located: COLORADO STATE PARKS. CLAIM III-UNDERGROUND WATER RIGHTS Name of structure and location: EAST POND. THE POINT OF DIVERSION FOR THIS FACILITY IS NW4, SW4, SEC 7, T6N, R88W, 6TH P.M. Source: ALLUVIUM OF YAMPA RIVER. Appropriation date: OCTOBER 29, 1998. Use: EVAPORATION, RECREATION, IRRIGATION, PISCATORIAL, FIRE PROTECTION. Amount claimed: 30 GPM ABSOLUTE, WITH AN ANNUAL DEPLETION VOLUME NOT TO EXCEED 2 ACRE FT PER YEAR. Owner of lands on which structure is located: COLORADO STATE PARKS. CLAIM IV- UNDERGROUND WATER RIGHTS Name of structure and location: YAMPA PARK DIVERSION #1. THE POINT OF DIVERSION IS LOCATED IN THE NE4, SW4, SEC 7, T6N, R88W, 2120 FT FROM S SEC LINE AND 2320 FROM W SEC LINE. WELL PERMIT #057694-F HAS BEEN ISSUED FOR THIS STRUCTURE. Source: ALLUVIUM OF YAMPA RIVER. Appropriation date: JUNE 18, 2002. Use: IRRIGATION, EVAPORATION, RECREATIONAL, PISCATORIAL, DOMESTIC, FIRE PROTECTION. Amount claimed: 30 GPM, ABSOLUTE, WITH ANNUAL DEPLETION VOLUME NOT TO EXCEED 14.65 ACRE FT. Owner of lands on which structure is located: COLORADO STATE PARKS. CLAIM V-PLAN FOR AUGMENTATION: Description of Plan for Augmentation: COLORADO STATE PARKS SEEKS THE RIGHT TO MAKE OUT OF PRIORITY DIVERSIONS FROM THE HEADQUARTER DIVERSION DESCRIBED IN CLAIM I HEREIN, THE WEST POND DESCRIBED IN CLAIM II HEREIN, THE EAST POND DESCRIBED IN CLAIM III HEREIN AND THE YAMPA PARK DIVERSION IN CLAIM IV HEREIN.. STATE PARKS WILL AUGMENT THE OUT OF PRIORITY DEPLETIONS FOR

PAGE 4 THESE WATER RIGHTS WITH STORED AND SUBSEQUENTLY RELEASED WATER IN STEAMBOAT LAKE PURSUANT TO 95CW142, WATER DIVISION 6. Amount of Diversions/Depletions: TOTAL OUT OF PRIORITY DIVERSION FROM THE HEADQUARTER DIVERSION, THE WEST POND, THE EAST POND AND YAMPA PARK DIVERSION #1 WILL NOT EXCEED 24.37 ACRE FT. TREATMENT OF WASTEWATER FROM DOMESTIC AND COMMERCIAL USES ARE THROUGH A NON-EVAPORATIVE SEPTIC SYSTEM. Timing of Depletions: THE HEADQUARTER DIVERSION AND THE YAMPA PARK DIVERSION #1 ARE LESS THAN 100 FT FROM THE YAMPA RIVER AND DEPLETIONS ARE CONSIDERED INSTANTANEOUS. THE WEST AND EAST PONDS ARE LOCATED MORE THAN 100 FT FROM THE YAMPA RIVER AND THEREFORE DEPLETIONS FROM THE TWO PONDS WILL BE DELAYED. COLORADO STATE PARKS WILL DEVELOP ENGINEERING AND ACCOUNTING MEANS TO ENSURE THAT DEPLETIONS TO THE STREAM SYSTEM ARE REPLACED IN TIME, PLACE AND AMOUNT TO PREVENT INJURY TO VESTED WATER RIGHTS.

8. 03CW24 WATER CONSERVATION DISTRICT, PETER FLEMING AND JILL MCCONAUGHY, P.O. BOX 1120, GLENWOOD SPRINGS, COLORADO 81602. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in MOFFAT COUNTY. INTRODUCTION. THIS APPLICATION IS FILED PURSUANT TO C.R.S. § 37-92-301(4) AND § 37-92-601. THE COLORADO RIVER WATER CONSERVATION DISTRICT (HEREINAFTER “RIVER DISTRICT”) IS A POLITICAL SUBDIVISION OF THE STATE FORMED BY THE COLORADO LEGISLATURE (SEE C.R.S. § 37-46-101, ET SEQ.) IN 1937 FOR THE PURPOSE OF SAFEGUARDING FOR THE STATE OF COLORADO THE BENEFICIAL CONSUMPTIVE USE IN COLORADO OF THAT PORTION OF THE WATERS OF THE COLORADO RIVER EQUITABLY APPORTIONED TO THE STATE BY INTERSTATE COMPACT. GEOGRAPHICALLY, THE RIVER DISTRICT ENCOMPASSES AN AREA OF APPROXIMATELY 29,000 SQUARE MILES, INCLUDING ALL OF TWELVE AND PARTS OF THREE WESTERN COLORADO COUNTIES. INCLUDED IN THAT AREA ARE THE HEADWATERS AND TRIBUTARIES OF THE COLORADO RIVER MAINSTEM AND ITS PRINCIPAL TRIBUTARIES, THE GUNNISON, THE WHITE AND THE YAMPA RIVERS. THE GENERAL POWERS OF THE RIVER DISTRICT, SET FORTH IN C.R.S. § 37-46-107, INTER ALIA, DIRECT THE RIVER DISTRICT TO MAKE SURVEYS AND INVESTIGATIONS TO ASCERTAIN THE BEST METHOD OF UTILIZING STREAM FLOWS WITHIN THE RIVER DISTRICT AND TO MAKE APPROPRIATIONS “ . . . FOR THE USE AND BENEFIT OF THE ULTIMATE APPROPRIATORS . . . .” THIS STATUTE FURTHER DIRECTS THE RIVER DISTRICT “. . . TO PERFORM ALL ACTS AND THINGS NECESSARY OR ADVISABLE TO SECURE AND INSURE AN ADEQUATE SUPPLY OF WATER, PRESENT AND FUTURE, FOR IRRIGATION, MINING, MANUFACTURING, AND DOMESTIC PURPOSES WITHIN SAID DISTRICTS (SIC).” THE DECREES THAT

PAGE 5 ARE THE SUBJECT OF THIS APPLICATION WERE OBTAINED IN FURTHERANCE OF THESE STATUTORY DIRECTIVES. MANY OF THE DECREES OBTAINED BY THE RIVER DISTRICT ARE FOR PROJECTS AUTHORIZED EITHER FOR CONSTRUCTION OR FEASIBILITY INVESTIGATION BY THE BUREAU OF RECLAMATION OF THE DEPARTMENT OF INTERIOR, UNITED STATES OF AMERICA (HEREINAFTER “BUREAU”). WITHIN THE LIMITATION OF FUNDS APPROPRIATED BY THE UNITED STATES CONGRESS, THE BUREAU HAS DILIGENTLY ENGAGED IN THE PLANNING WORK, INCLUDING ENVIRONMENTAL INVESTIGATIONS NECESSARY FOR EVENTUAL CONSTRUCTION OF SUCH PROJECTS. THE BOARD OF DIRECTORS OF THE RIVER DISTRICT HAS MAINTAINED ITS INTENT TO DEVELOP THE CONDITIONAL WATER RIGHTS. THE WATER RIGHT INVOLVED IN THIS APPLICATION HAS BEEN BEFORE THIS COURT FOR REASONABLE DILIGENCE DETERMINATIONS IN PREVIOUS CASES AS INDICATED IN THE CAPTION OF THIS APPLICATION. THE MOST RECENT DECREE CONFIRMING REASONABLE DILIGENCE IN THE DEVELOPMENT OF THE CONDITIONAL WATER RIGHT THAT IS THE SUBJECT OF THIS APPLICATION WAS ENTERED IN CASE NO. 96CW64, ON MARCH 11, 1997. DESCRIBE CONDITIONAL WATER RIGHT (AS TO EACH STRUCTURE) GIVING THE FOLLOWING FROM THE REFEREE’S RULING AND JUDGMENT AND DECREE: Name of structure: RAMPART RESERVOIR, 2ND FILING. Date of original decree, case number and court: APRIL 22, 1982, 81CW61, WATER DIVISION 6. LEGAL DESCRIPTION: THE DAM AXIS INTERSECTS THE RIGHT ABUTMENT AT A POINT WHENCE THE NE CORNER OF SEC 12, T9N, R91W, 6TH P.M., BEARS N. 67°33' E. AT A DISTANCE OF 2,326 FT. Source: FORTIFICATION CREEK AND THE YAMPA RIVER AND ITS TRIBUTARIES. Appropriation Date: FEBRUARY 27, 1981. Amount: 11,692 ACRE FT. Use: IRRIGATION, STOCKWATERING, DOMESTIC, MUNICIPAL, INDUSTRIAL, AND OTHER BENEFICIAL USES AND PURPOSES. PROVIDE A DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR COMPLETION OF THE APPROPRIATION AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED INCLUDING EXPENDITURES. THE EXPLANATION OF WORK ACCOMPLISHED DURING THE DILIGENCE PERIOD IS NOT ALL INCLUSIVE BUT IS MERELY REPRESENTATIVE OF THE WORK ACCOMPLISHED. UNLESS OTHERWISE NOTED, THE SPECIFIC EXPENDITURES LISTED HEREIN DO NOT INCLUDE ATTORNEYS FEES OR SALARIES OF STAFF OF THE RIVER DISTRICT, BUT THE APPLICANT DOES CLAIM THOSE SUBSTANTIAL EXPENSES TOWARD DILIGENCE. GENERAL ACTIVITIES. DURING THE DILIGENCE PERIOD, THE RIVER DISTRICT ENGAGED IN THE FOLLOWING ACTIVITIES NECESSARY FOR THE DEVELOPMENT OF ALL OF ITS PROJECTS: ENDANGERED SPECIES. FEDERAL ENVIRONMENTAL LEGISLATION AND RELATED REGULATIONS ON WATER DEVELOPMENT ACTIVITIES OFTEN MAKE SUCCESSFUL ACQUISITION OF NEEDED FEDERAL PERMITS THE MOST PREDOMINANT

PAGE 6 CONCERN REGARDING A WATER DEVELOPMENT PROJECT. A SIGNIFICANT CONCERN AND RESTRICTION REGARDING THE DEVELOPMENT OF PROJECTS IN THE COLORADO RIVER BASIN, INCLUDING THE YAMPA RIVER BASIN, IS THE EXISTENCE AND STATUS OF FOUR NATIVE FISH SPECIES WHICH HAVE BEEN LISTED AS “ENDANGERED” BY THE FISH & WILDLIFE SERVICE PURSUANT TO THE FEDERAL ENDANGERED SPECIES ACT. BECAUSE WATER DEPLETIONS IN THE COLORADO RIVER BASIN ARE ALLEGED TO JEOPARDIZE THE CONTINUED EXISTENCE OF THOSE FISH SPECIES, IT IS NECESSARY FOR THE RIVER DISTRICT TO SUCCESSFULLY ADDRESS THE ALLEGED JEOPARDY OF THOSE SPECIES. EXAMPLES OF THE RIVER DISTRICT’S ACTIVITIES INCLUDE: THE RIVER DISTRICT HAS FUNDED AND PARTICIPATED IN EXTENSIVE SCIENTIFIC INVESTIGATIONS AND LOBBYING EFFORTS CONCERNING THE RECOVERY OF ENDANGERED FISH SPECIES IN THE COLORADO RIVER BASIN. THOSE EFFORTS ARE NECESSARY AND APPROPRIATE IN ORDER FOR THE RIVER DISTRICT, AND FOR THE CONSERVANCY DISTRICTS AND MUNICIPALITIES WITHIN ITS BOUNDARIES, TO SECURE PERMITTING APPROVALS FOR THE CONSTRUCTION AND OPERATION OF WATER PROJECTS. THE RIVER DISTRICT PARTICIPATED IN THE SUCCESSFUL DEVELOPMENT BY THE U. S. FISH AND WILDLIFE SERVICE OF A “PROGRAMMATIC BIOLOGICAL OPINION” CONCERNING PRESENT AND FUTURE WATER DEPLETIONS IN THE COLORADO RIVER MAINSTEM UPSTREAM FROM GRAND JUNCTION, COLORADO. LEGISLATION AND ADMINISTRATIVE REGULATIONS. THE RIVER DISTRICT CONDUCTED EXTENSIVE LOBBYING ACTIVITIES, AT THE FEDERAL AND STATE LEVELS, ON A WIDE VARIETY OF STATUTORY AND REGULATORY ISSUES RELATED TO WATER RIGHTS, WATER USE, AND ENVIRONMENTAL MATTERS, AS THOSE MATTERS RELATE TO THE CONSTRUCTION OF WATER PROJECTS AND USES OF WATER WITHIN COLORADO. EXAMPLES INCLUDE: THE RIVER DISTRICT WORKED TO ENACT SB 97-151, WHICH ALLOWS EXPENDITURES FROM THE COLORADO WATER CONSERVATION BOARD’S CONSTRUCTION FUND FOR ENDANGERED SPECIES AND OTHER NATIVE SPECIES RESTORATION PROGRAMS. THE RIVER DISTRICT LOBBIED FOR THE PASSAGE OF HB 98- 1006, WHICH CREATED THE NATIVE SPECIES CONSERVATION TRUST FUND. THE RIVER DISTRICT LOBBIED TO AMEND SB 99-211 TO REQUIRE LOCAL MASTER PLANS TO CONSIDER WATER SUPPLY. THE RIVER DISTRICT LOBBIED TO DEFEAT SB 00-215, WHICH WOULD HAVE REQUIRED THE STATE OF COLORADO TO DIVERT 120,000 ACRE-FEET OF WATER FROM WATER DIVISION 4 OR 5 TO THE FRONT RANGE. THE RIVER DISTRICT PARTICIPATED IN DRAFTING THE ENACTED VERSION OF SB 01-216, CONCERNING WATER RIGHTS FOR RECREATIONAL IN-CHANNEL DIVERSIONS. THE RIVER DISTRICT WORKED TO AMEND SB 02-156 TO MAINTAIN THE COLORADO WATER CONSERVATION BOARD’S CONTROL OVER DONATIONS AND PURCHASES OF WATER RIGHTS FOR INSTREAM

PAGE 7 FLOW PURPOSES. THE RIVER DISTRICT WORKED TO ENSURE THAT THE FEDERAL HR 3881, CONCERNING THE FRYINGPAN-ARKANSAS PROJECT, LIMITS THE POTENTIAL FOR ADDITIONAL TRANSMOUNTAIN DIVERSIONS THAT MIGHT BE FACILITATED BY THE BILL. THE RIVER DISTRICT WORKED WITH THE U.S. CONGRESS TO PROTECT WATER RIGHTS IN PROPOSED WILDERNESS AREAS. THE RIVER DISTRICT PRESENTED TESTIMONY AND SUBMITTED STATEMENTS TO VARIOUS COMMITTEES OF THE U.S. CONGRESS CONCERNING ENVIRONMENTAL LEGISLATION, PARTICULARLY THE ENDANGERED SPECIES ACT OF 1973, AS SUCH ACTS RELATE TO THE CONSTRUCTION OF PROJECTS AND UTILIZATION OF WATER WITHIN WESTERN COLORADO. THE RIVER DISTRICT PARTICIPATED IN THE U.S. FOREST SERVICE’S REVIEW OF THE LAND AND RESOURCE MANAGEMENT PLAN FOR THE WHITE RIVER NATIONAL FOREST TO PROTECT THE ABILITY OF OWNERS OF WATER RIGHTS IN THE NATIONAL FOREST TO DEVELOP THEIR WATER RIGHTS WITHOUT UNDUE REGULATORY INTERFERENCE. THE RIVER DISTRICT PARTICIPATED IN NUMEROUS RULEMAKING HEARINGS AND INFORMAL PROCESSES BEFORE THE WATER QUALITY CONTROL COMMISSION TO ENSURE THAT THE STATE’S WATER QUALITY REGULATIONS PROTECT THE ABILITY OF WATER USERS TO PLACE WATER TO BENEFICIAL USE. LITIGATION. THE RIVER DISTRICT FILED MANY APPLICATIONS AND PROSECUTED WATER COURT PROCEEDINGS CONCERNING ABSOLUTE AND CONDITIONAL WATER RIGHTS OWNED BY THE RIVER DISTRICT IN WATER DIVISIONS 4, 5, AND 6. IN ADDITION, THE RIVER DISTRICT FILED NUMEROUS STATEMENTS OF OPPOSITION IN VARIOUS WATER COURTS TO PROTECT ITS EXISTING DECREED WATER RIGHTS AND THE AVAILABILITY OF WATER FOR USE WITHIN THE RIVER DISTRICT’S BOUNDARIES. EXAMPLES OF SUCH LITIGATION INCLUDE: THE RIVER DISTRICT OPPOSED THE APPLICATION OF THE TWIN LAKES RESERVOIR AND CANAL COMPANY IN CASE NO. 95CW321 IN WATER DIVISION 5 TO DIVERT THE WATERS OF THE INTO WATER DIVISION NO. 2. THE RIVER DISTRICT ENTERED INTO A STIPULATION WITH THE APPLICANT ON MARCH 28, 2001, WHICH IMPOSED CERTAIN LIMITATIONS ON THE APPLICANT’S DIVERSIONS AND PROVIDED STORED WATER FOR USE WITHIN THE RIVER DISTRICT’S BOUNDARIES. THE RIVER DISTRICT OPPOSED THE APPLICATION OF THE CITY AND COUNTY OF DENVER IN CASE NO. 99CW44 FOR A FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT FOR THE DIVERSION PROJECT. THE RIVER DISTRICT ENTERED INTO A STIPULATION IN OCTOBER 2000, WHICH PROVIDED FOR THE ENTRY OF A DILIGENCE DECREE, THE WITHDRAWAL OF DENVER’S CLAIM TO MAKE AN ADDITIONAL INCREMENT OF THE WATER RIGHT ABSOLUTE, AND A DEFERRAL OF ISSUES RELATED TO DENVER’S COMPLIANCE WITH THE TERMS OF THE BLUE RIVER DECREE. THE RIVER DISTRICT FILED A BRIEF AS AMICUS CURIAE IN MUNICIPAL SUBDISTRICT, NORTHERN

PAGE 8 COLORADO WATER CONSERVANCY DISTRICT V. OXY USA, INC., 990 P.2D 701 (COLO. 1999) (APPEAL OF CASE NO. 95CW211, WATER DIVISION 5), WHICH CONCERNED THE APPLICATION OF THE ANTI-SPECULATION DOCTRINE AND THE “CAN AND WILL” TEST TO DILIGENCE APPLICATIONS TO MAINTAIN CONDITIONAL WATER RIGHTS. THE RIVER DISTRICT FILED A BRIEF AS AMICUS CURIAE IN COLORADO WATER CONSERVATION BOARD ET AL V. CITY OF GOLDEN, 01SA252, WHICH INVOLVED AN APPLICATION BY THE CITY OF GOLDEN FOR A RECREATIONAL IN-CHANNEL DIVERSION WATER RIGHT. THE RIVER DISTRICT FILED A STATEMENT OF OPPOSITION TO THE APPLICATION OF THE CITY OF COLORADO SPRINGS AND THE CITY OF AURORA IN CASE NO. 95CW272 IN WATER DIVISION 5 FOR A CHANGE OF WATER RIGHTS, CONDITIONAL WATER RIGHTS, CONDITIONAL RIGHTS OF EXCHANGE, AND APPROVAL OF A PLAN FOR AUGMENTATION IN THE EAGLE RIVER BASIN. THE RIVER DISTRICT ENTERED INTO A STIPULATION ON DECEMBER 1, 1998, WHICH PROVIDED FOR THE WITHDRAWAL OF THE RIVER DISTRICT’S STATEMENT OF OPPOSITION PURSUANT TO THE TERMS OF THE APRIL 21, 1998 MEMORANDUM OF UNDERSTANDING AMONG THE APPLICANTS, CLIMAX MOLYBDENUM COMPANY, THE RIVER DISTRICT, AND THE VAIL CONSORTIUM. THE RIVER DISTRICT FILED AN APPLICATION ON DECEMBER 31, 2002, TO SECURE WATER RIGHTS FOR THE ENLARGEMENT OF ELKHEAD CREEK RESERVOIR IN CASE NO. 02CW106, WATER DIVISION 6. THE RIVER DISTRICT AND ITS CO-APPLICANTS, THE BASALT WATER CONSERVANCY DISTRICT, THE WEST DIVIDE WATER CONSERVANCY DISTRICT AND THE TOWN OF GYPSUM, FILED AN APPLICATION ON FEBRUARY 28, 2003, IN CASE NO. 03CW41, WATER DIVISION 5, FOR A FINDING OF REASONABLE DILIGENCE IN THE DEVELOPMENT OF NUMEROUS CONDITIONAL WATER RIGHTS IN THE COLORADO AND WHITE RIVER BASINS. PROJECT REVENUE DEVELOPMENT. DURING THE DILIGENCE PERIOD, THE RIVER DISTRICT HAS BEEN ACTIVELY ENGAGED IN THE OPERATION OF WOLFORD MOUNTAIN RESERVOIR (RITSCHARD DAM) ON MUDDY CREEK AND HAS BECOME A SHAREHOLDER IN THE EAGLE PARK RESERVOIR COMPANY, WHICH OWNS AND OPERATES EAGLE PARK RESERVOIR ON THE EAGLE RIVER. WHILE THE WATER RIGHTS INVOLVED IN THOSE PROJECTS ARE NOT THE SUBJECT OF THIS APPLICATION, THE SUCCESSFUL COMPLETION OF THOSE PROJECTS AND THE RECEIPT OF LEASE REVENUES AND MARKETING OF WATER BY THE RIVER DISTRICT WILL ASSIST THE RIVER DISTRICT IN DEVELOPING OTHER WATER PROJECTS IN WATER DIVISIONS NO. 4, 5, AND 6, INCLUDING PROJECTS SUCH AS THE WATER RIGHT THAT IS THE SUBJECT OF THIS APPLICATION. SALINITY CONTROL. THE RIVER DISTRICT CONTINUES TO PARTICIPATE IN DISCUSSIONS WITH THE UNITED STATES OF AMERICA AND OTHER INTERESTED PARTIES REGARDING THE SALINITY OF THE COLORADO RIVER, AS WELL AS THE OPERATION OF THE COLORADO RIVER MAINSTEM RESERVOIRS TO ENSURE TO THE RIVER

PAGE 9 DISTRICT, AS WELL AS TO THE STATE OF COLORADO, AN ADEQUATE SUPPLY OF WATER FROM THE COLORADO RIVER AS GUARANTEED BY THE COLORADO RIVER COMPACTS. USGS GAGING. THE RIVER DISTRICT PARTICIPATES IN THE FUNDING OF UNITED STATES GEOLOGICAL SURVEY GAGING STATIONS THROUGHOUT THE DISTRICT IN ORDER TO BETTER ASSESS THE AVAILABILITY OF WATER FOR DEVELOPMENT PURSUANT TO ITS VARIOUS PROJECTS. SURFACE WATER MODELING. THE RIVER DISTRICT HAS PARTICIPATED, THROUGH STAFF PARTICIPATION AND FUNDING, IN THE ONGOING CREATION OF SURFACE WATER MODELS RELATED TO THE PROTECTION AND DEVELOPMENT OF WATER THAT IS THE SUBJECT OF RIVER DISTRICT PROJECTS AND CONDITIONAL DECREES, INCLUDING THE RIGHT THAT IS THE SUBJECT OF THIS APPLICATION. THOSE EFFORTS INCLUDE THE STATE OF COLORADO’S “COLORADO RIVER DECISION SUPPORT SYSTEM” MODEL AND THE DENVER WATER DEPARTMENT’S “PLATTE AND COLORADO SIMULATION MODEL.” DURING THE DILIGENCE PERIOD, THE RIVER DISTRICT EXPENDED IN EXCESS OF $2,000,000.00 ON THE ACTIVITIES SUMMARIZED ABOVE. THE INCLUSION OF ATTORNEY FEES AND STAFF SALARIES WOULD GREATLY INCREASE THAT AMOUNT. SITE-SPECIFIC ACTIVITIES. IN ADDITION TO THE GENERAL ACTIVITIES IDENTIFIED ABOVE, THE RIVER DISTRICT HAS PERFORMED SPECIFIC WORK ON AND FOR THE BENEFIT OF THE SUBJECT PROJECT AS INDICATED BELOW. DURING THE DILIGENCE PERIOD, THE RIVER DISTRICT STAFF EXAMINED ALL OF ITS CONDITIONAL WATER RIGHTS FOR WHICH FINDINGS OF REASONABLE DILIGENCE ARE DUE IN 2003, INCLUDING THE SUBJECT WATER RIGHT, AND PRESENTED FINDINGS AND RECOMMENDATIONS TO THE RIVER DISTRICT’S BOARD OF DIRECTORS REGARDING THE FEASIBILITY AND DESIRABILITY OF DEVELOPING THE WATER RIGHTS. THE BOARD OF DIRECTORS CONSIDERED THE STAFF’S RECOMMENDATIONS AND ADOPTED A RESOLUTION REGARDING CONDITIONAL WATER RIGHTS DATED JANUARY 22, 2003, CONFIRMING ITS INTENT TO DEVELOP CERTAIN CONDITIONAL WATER RIGHTS, INCLUDING THE CONDITIONAL WATER RIGHT THAT IS THE SUBJECT OF THIS APPLICATION AND RESOLVING TO FORMALLY ABANDON CERTAIN OTHER WATER RIGHTS. THE RIVER DISTRICT STAFF PREPARED AN INFORMATIONAL DATABASE OF THE OWNERS OF LAND ON WHICH THE PROJECT FACILITIES THAT ARE THE SUBJECT OF THIS APPLICATION ARE PROPOSED TO BE LOCATED. IN FEBRUARY, 2000, THE RIVER DISTRICT COMPLETED A REPORT TITLED, “YAMPA RIVER BASIN SMALL RESERVOIR STUDY”. THE REPORT EXAMINED 106 SITES IN THE YAMPA BASIN INCLUDING THE RAMPART RESERVOIR SITE. THE REPORT RECOMMENDED 24 SITES FOR FURTHER STUDY, INCLUDING RAMPART RESERVOIR. IN AUGUST, 2000, THE RIVER DISTRICT COMPLETED A REPORT TITLED, “YAMPA RIVER BASIN SMALL RESERVOIR STUDY, PHASE 2”, WHICH EXAMINED IN GREATER DETAIL THE 24 SITES RECOMMENDED IN THE

PAGE 10 FEBRUARY, 2000 REPORT, INCLUDING RAMPART RESERVOIR. THIS REPORT EXAMINED WATER USE AND DEMANDS AND HYDROLOGY FOR THE BASIN AND THE SITES. THE REPORT ALSO INCLUDED A RECONNAISSANCE FOR EACH SITE, INCLUDING, LAND OWNERSHIP, PHYSICAL CHARACTERISTICS OF THE DAM SITE AND RESERVOIR BASIN, ECOLOGICAL EVALUATION, AND GEOLOGICAL AND GEOTECHNICAL EVALUATION. IN JUNE, 2001, RIVER DISTRICT STAFF AND THE RIVER DISTRICT’S BOARD MEMBER FROM MOFFAT COUNTY CONDUCTED AN INSPECTION OF A NUMBER OF POSSIBLE DAM AND RESERVOIR SITES, INCLUDING RAMPART RESERVOIR. THE RIVER DISTRICT CONTINUES TO PARTICIPATE EXTENSIVELY IN THE DEVELOPMENT OF THE YAMPA PLAN (PLAN) AND PROGRAMMATIC BIOLOGICAL OPINION (PBO) UNDER THE UPPER COLORADO ENDANGERED FISH RECOVERY PROGRAM (RECOVERY PROGRAM). THE PLAN AND PBO WILL ALLOW FOR 30,000 TO 50,000 ACRE FEET OF FURTHER WATER DEVELOPMENT AND DEPLETIONS WHILE MEASURES ARE TAKEN TO RECOVER THE ENDANGERED FISH SPECIES. COMPLETION OF THE PBO WILL FACILITATE PERMITTING OF RAMPART RESERVOIR. MOREOVER, THE PLAN IDENTIFIES THE NEED TO RELOCATE NON-NATIVE FISH, WHICH COMPETE WITH AND PREDATE UPON THE ENDANGERED FISH, FROM THE YAMPA RIVER TO RESERVOIRS. RAMPART RESERVOIR IS BEING REVIEWED AS A POTENTIAL SITE FOR THIS USE. IN 2002 AND 2003, THE RIVER DISTRICT EXAMINED THE FINANCIAL ABILITY OF ITS WATER ACTIVITY ENTERPRISE TO FUND THE DEVELOPMENT OF ADDITIONAL WATER STORAGE IN THE YAMPA BASIN. Name(s) and address(es) of owner(s) of 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. THE STRUCTURES ARE OR MAY BE LOCATED AND WATER IS OR MAY BE STORED ON LAND OWNED BY THE FOLLOWING: U.S. BUREAU OF LAND MANAGEMENT, LITTLE SNAKE FIELD OFFICE, 455 EMERSON STREET, CRAIG, CO 81625; LEO K. & JEAN TUCKER REVOCABLE TRUST, P. O. BOX 668, CRAIG, CO 81626; ALBERT P. VILLARD, P. O. BOX 745, CRAIG, CO 81626; ALBERT F. VILLARD, 679 HAUGHEY ROAD, CRAIG, CO 81625; GORDON M. TILESTON, 558 STEELE STREET, CRAIG, CO 81625-3036; ROGER B. WOOTEN, 53310 N. HWY 13, CRAIG, CO 81625; AND ELIZABETH D. YEREANCE, 9757 60TH STREET, SEATTLE, WA 98118. THE WATER WILL BE PLACED TO BENEFICIAL USE WITHIN THE EXTENSIVE BOUNDARIES OF THE RIVER DISTRICT. THE SPECIFIC OWNERS OF LAND UPON WHICH THE WATER RIGHT WILL BE PLACED TO BENEFICIAL USE WILL BE DETERMINED AT FUTURE DATES AS THE PROJECTS ARE DEVELOPED. THE WATER RIGHT MAY BE PUT TO BENEFICIAL USE ON LANDS OWNED BY MANY THOUSANDS OF INDIVIDUALS AND ENTITIES. THEREFORE, IT IS NOT FEASIBLE TO LIST AT THIS TIME THE NAMES AND ADDRESSES OF THE OWNERS OF LAND UPON WHICH WATER MAY BE PLACED TO BENEFICIAL USE. WHEREFORE, THE RIVER DISTRICT REQUESTS THAT THE COURT ADJUDGE AND DECREE THAT THE RIVER

PAGE 11 DISTRICT HAS EXERCISED REASONABLE DILIGENCE IN THE DEVELOPMENT OF THE WATER RIGHT THAT IS THE SUBJECT OF THIS APPLICATION, THAT THE CONDITIONAL WATER RIGHT BE CONTINUED IN FULL FORCE AND EFFECT, AND THAT A DATE BE SET FOR A SUBSEQUENT APPLICATION FOR A FINDING OF REASONABLE DILIGENCE.

The following are Amended Applications previously published:

9. 02CW99 TOWN OF WALDEN, C/O THOMAS R. SHARP, P.O. BOX 774608, STEAMBOAT SPRINGS, CO 80477 (970)879-7600. AMENDMENT TO APPLICATION FOR WATER RIGHT (SURFACE) in JACKSON COUNTY. THE APPLICANT DOES HEREBY AMEND ITS APPLICATION FOR WATER RIGHTS (SURFACE) FOR WALDEN WASTEWATER TREATMENT PLANT NO. 1 IN THIS CASE AS FOLLOWS: 1. THE APPLICATION IS FOR A SURFACE WATER RIGHT. 2. THE LEGAL DESCRIPTION OF THE POINT OF DIVERSION OF WALDEN WASTEWATER TREATMENT PLANT NO. 1 IS AMENDED TO BE AS FOLLOWS: THE POINT OF DIVERSION OF THE WALDEN WASTEWATER TREATMENT PLANT NO. 1 IS AT A POINT OF DISCHARGE OF TREATED EFFLUENT FROM THE TOWN OF WALDEN WASTEWATER TREATMENT PLANT, SUCH POINT OF DISCHARGE BEING IN THE NW4, NE4 OF SEC 20, T9N, R79W OF THE 6TH P.M., JACKSON COUNTY, COLORADO, 1135 FT S OF THE N LINE OF SAID SEC 20 AND 2825 FT W OF THE E LINE OF SAID SEC 20. 3. REMARKS: THE COMMENT UNDER PARAGRAPH 9, REMARKS, OF THE ORIGINAL APPLICATION IS DELETED. EXCEPT AS AMENDED ABOVE, ALL OF THE REMAINDER OF THE ORIGINAL APPLICATION IN THIS CASE REMAINS UNCHANGED AND IS HEREBY RATIFIED.

10. 03CW8 (94CW146) CHRISTMAS TREE RANCH, C/O FRANK G. COOLEY, P.O. BOX 98, MEEKER, CO 81641 (970)878-5065. SUPPLEMENT TO APPLICATION FOR WATER RIGHTS in MOFFAT COUNTY. 1. ALL OF THE SOUGHT FOR STRUCTURES ARE LOCATED ON THE LANDS OF APPLICANT, AS SHOWN IN THE ORIGINAL APPLICATION, 94CW146. 2. NO ADDITIONAL QUANTITY OF WATER IS SOUGHT IN THIS APPLICATION. BOTH STRUCTURES ARE ABSOLUTE AS TO CERTAIN USES AND NO ADDITIONAL AMOUNT OF WATER IS CLAIMED IN THE APPLICATION. THE WATER FOR JOKIE WELL IS 0.033 C.F.S. THE WATER FOR ANDERSON POND IS 1.0 ACRE FT. 3. WHAT IS SOUGHT FOR IN THE APPLICATION FOR WATER RIGHTS IS A FINDINGS AS TO USES FOR WHICH THE DECREE IN ACTION 94CW146 ESTABLISHED AS CONDITIONAL USES. THE USES ARE AT PRESENT ABSOLUTE FOR EACH STRUCTURE AS TO LIVESTOCK AND WILDLIFE. THE USE IS BEING SOUGHT AS A CONDITIONAL USE FOR THE JOKIE WELL IS DOMESTIC, INCLUDING IRRIGATION OF HOME LAWNS AND GARDENS NOT EXCEEDING ONE ACRE. THE USE GRANTED FOR ANDERSON POND IN 94CW146 IS STOCK WATER, WILDLIFE AND FISHING. THE SOUGHT FOR USE

PAGE 12 OF WATER IN THIS APPLICATION, AS A CONDITIONAL USE IS DOMESTIC. WITH THE INFORMATION SUPPLIED IN THIS RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION, THE APPLICANT PRAYS FOR AN ORDER OF THE WATER COURT FINDING AND DECREEING THE ADDITIONAL USES AS CONDITIONAL USES FOR THE WATER, OVER AND ABOVE THE USES FOR WHICH THE SAID WATER STRUCTURES HAVE BEEN DECREED WATER ABSOLUTE AND UNCONDITIONALLY.

11. 03CW10 (96CW78) SUMMERS FAMILY TRUST, C/O RONALD AND CORALYN SUMMERS, TRUSTEES, HC66 BOX 21, MILNER, CO 80487. (970)846- 5177; 633 GLENCREST PLACE, SOLANA BEACH, CA 92075. (858)755-8173. APPLICATION TO MAKE ABSOLUTE in ROUTT COUNTY. Name of structure: R.J. SPRING NO.3, RESERVOIR (R.J. #36). RESERVOIR R.J. #36, CASE 83CW180, DECREE DATE 12-13-84. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: R.J. SPRING NO.3, RESERVOIR, ENLARGEMENT 0.2564 CFS Date 02/24/1997 FIRE PROTECTION. Date of Original Decree: 2/24/1997. Case No. 96CW38 Court WATER COURT DIV.6. Legal description: SE4 OF THE SE4 OF SEC.30, T7N, R86W, OF THE 6TH P.M., AT A POINT WHICH SE CORNER OF SEC.30 BEARS S 15°40’E, DISTANCE OF 627 FT. Source: R.J. SP 3, A TRIBUTARY TO TOW CR., TOW CR A TRIBUTARY TO YAMPA RIVER. Appropriation Date: 02/24/1997 Amount: 0.2564 CFS. Use: R.J.SPRING NO.3, RESERVOIR ENLARGEMENT: FIRE PROTECTION Decree Date: 02/24/1997, INSTALLED FIRE PUMP & SYSTEM UTILIZED WATER. If well – SEE AFFIDAVIT AND EXHIBITS A & B. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: 6/1990 – FIRE PUMP, $575. HYDRANT, 2” LINE, HOSES, PRESSURE NOZZLE $380. 6/14/1997 – INSTALLED BURIED LINE SPRINKLER SYSTEM TO PERIMETER OF CABIN. REMOVED ALL BRUSH 50 FT. FROM CABIN, MANIFOLD VALVES $530. SEE EXHIBITS A & B. YEARLY MAINTENANCE OPERATION AND APPLICATION OF WATER – 5 YR TOTAL $1620.00 TOTAL SYSTEM $3,105.00 If claim to make absolute, date water applied to beneficial use: 06/14/1997. Amount 0.033 CFS Use: FIRE PROTECTION – SEE EXH A & B. SEE AFFIDAVIT “DODSON” NOTARIZED. Description of place of use where water is applied to beneficial use: SE4, SE4 SEC.30. NE4, NE4 SEC.31 ALL IN T7N, R86W, 6TH P.M., CABIN ADDRESS 41755 RCR 50, ROUTT COUNTY, COLORADO. Name and address of owners of land on which structure is located, upon which water is stored, or upon which water is placed to beneficial use: SAME AS APPLICANTS

You are hereby notified that you will have until the last day of MAY, 2003, to file with the Water Court, iHn 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 be served on the Applicant or the Applicant’s Attorney, with an affidavit or certificate of such

PAGE 13 service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $70.00, and should be sent to the Clerk of the Water Court, Division 6, P.O. Box 773117, Steamboat Springs, CO 80477.

ROUTT COUNTY COMBINED COURT WATER DIV. 6

______By: Connie L. Strasheim, Deputy Clerk

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