IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of January, 2011. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest as provided in the Water Right Determination and Administration Act of 1969, or be forever barred.

Produced Nontributary Ground Water Notification List for Water Division Four

Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402- 17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division.

Persons on the Produced Nontributary Ground Water Notification List shall be provided notice required pursuant to the Rules by either first-class mail, or, if a person so elects, by electronic mail. The Rules further describe the procedures to be followed by parties upon receiving notice of proceedings held pursuant to the Rules. The Rules are available on the Division of Water Resources website at: www.water.state.co.us.

If you would like to be included on the Produced Nontributary Ground Water Notification List for any Water Division, please contact the following for the appropriate form: Produced Nontributary Ground Water Notification List, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, , CO 80203, Phone: (303) 866-3581, Fax: (303) 866- 3589, e-mail: [email protected], or sign up on the Division of Water Resources website under the “News &Notification” tab at: www.water.state.co.us.

CASE NO. 2011CW1. Applicant: Dirk and Sheri Hardman, Box 134, Norwood, CO 81423. Application for Water Storage Right: Sheri Reservoir 1: NE1/4NE1/4 of Section 14, T45N, R14W, NMPM. 1,851 feet from the north line and 1,728 feet from the east section line. Source: Maverick Draw, San Miguel River. Appropriation Date: August 10, 2008. Amount Claimed: 22 acre-feet conditional for irrigation of 80 acres, industrial, commercial, fire protection, fish culture, domestic, stockwater, wildlife and augmentation and 1 c.f.s. conditional for filling the reservoir. Sheri Reservoir 2: SW1/4NW1/4 of Section 14, T45N, R14W, NMPM. 1,709 feet from the north line and 88 feet from the west section line. Source: Maverick Draw, San Miguel River. Appropriation Date: August 10, 2008. Amount Claimed: 10 acre-feet conditional for irrigation of 80 acres, industrial, commercial, fire protection, fish culture, domestic, stockwater, wildlife and augmentation and 1 c.f.s. conditional for filling the reservoir. MONTROSE COUNTY.

CASE NO. 2011CW2 (REF NO. 08CW170). 1. Applicant: Jack T. Petrucelli, c/o The Tisdel Law Firm, P.C., PO Box 646, 645 2nd Street, Ouray, CO 81427-0646; Telephone: 970-325-4414; Fax: 970-325-7333; Email: [email protected] Application to Make Water Right Absolute (Petruccelli Pond Well) 2. Name of structure: Petruccelli Pond Well; Type: Well 3. Describe conditional water right (as to each structure) including the following information from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: October 18, 2010 Case No. 08CW170 Court: District Court, Water Division No. 4 B. Subsequent decrees awarding findings of diligence (Case No. and date of decree): None. C. Legal description of Well: NW1/4SW1/4SE1/4, Section 6, Township 47 North, Range 8 West, N.M.P.M., Montrose County, Colorado; Distance from section lines: 1245 Feet from the South Line and 1986 feet from the East Line; Street Address: 11578 Uncompahgre Road, Montrose, CO 81401 D. Source of Water: Tributary to the Uncompahgre River E. Appropriation Date: June 29, 1994 (The Court’s Decree cited an appropriation date of December 23, 2008, in accordance with the recommendation of the Division Engineer’s recommendation (See Response of Division Engineer, dated June 10, 2010). The December 23, 2008 date appeared to be in error and Applicant is requesting that this Court correct said date in its decree granting absolute status to the Petruccelli Pond Well.) F. Use: Conditional for piscatorial, wildlife watering and fire protection G. Depth: (if well) Six feet, conditionally decreed for 0.009 cfs (4.0 gpm, 3.31 acre feet annual appropriation. 4. Applicant’s claim to make water right absolute: a. The only condition to make this water right absolute was the issuance of a well permit. Attached to this application is Well Permit No. 74668, issued by the Office of the State Engineer on December 1, 2010 for the Petruccelli Pond Well. As a result of the granting of this required well permit, Applicant is applying to make the conditional water right associated with the Petruccelli Pond Well absolute. Based upon the above supplied information, the Applicant respectfully requests that this Court issue a decree making absolute the Petruccelli Pond Well conditional right for piscatorial, wildlife watering and fire protection uses for 0.009 cfs (4.0 gpm, 3.31 acre feet annual appropriation). It is Applicant’s desire that said decree be consistent with the original decree in this matter, with the exception that the appropriation date for said water right be corrected to June 29, 1994. 5. All structures are located on land owned by Applicant. MONTROSE COUNTY

CASE NO. 2011CW3. Applicant: Randall Larue, 13771 F Road, Delta, CO 81416. Application for Surface Water Right: Larue Spring – SW1/2SE1/4SE1/4 of Section 22, T15S, R96W, 6th PM. 313 feet from the south line and 1,142 feet from the east section line. Source: Cummins Gulch, Gunnison River. Appropriation Date: 07/04/2010. Amount Claimed: .05 c.f.s. absolute for irrigation of lawn and garden. DELTA COUNTY.

CASE NO. 2011CW4 (REF. NO. 04CW37). Applicant: CITY OF GRAND JUNCTION, c/o John P. Shaver, 250 N. 5th Street, Grand Junction, CO 81501. Application for Finding of Reasonable Diligence: BRANDON DITCH SECOND ENLARGEMENT. The point of diversion is located at a point from which the quarter corner brass cap marker between Section 8 and 5 in Township 12 South, Range 97 West of 6th Meridian, bears N 62° 30’ West a distance of 500 feet. The ditch runs in a southwest direction. It is in the NW ¼ of the NE ¼ of said Section 8 at a distance 2200 feet west of the east section line and 200 feet south of the north section line. Date of Original Decree: 06/04/1986; Case No. 85CW199. Source: The Brandoan Ditch (sometimes known as the Brandon Ditch) whose source is Brandoan Ditch, tributary to Whitewater Creek which is tributary to the Gunnison River. Appropriation Date: 06/06/1985. Amount Claimed: 15.0 c.f.s. Use: The water will be diverted for all municipal uses in the Colorado River Basin, including but not limited to, augmentation, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation, recreation, piscatorial, maintenance and preservation of wildlife, lake and reservoir evaporation, directly or by adjustment or regulation of the City’s water system through initial use, subsequent reuse, successive use, and disposition to the extent permitted by law. MESA COUNTY.

CASE NO. 2011CW5. Applicant: Bible Church, 710 Crawford St., Delta, CO 81416. Application for Surface Water Right: West Side Ditch – SE1/4NW1/4SW1/4 of Section 18, T15S, R95W, 6th PM. 1,790 feet from the south line and 855 feet from the west section line. Source: Gunnison River. Appropriation Date: 06/01/2008. Amount Claimed .10 c.f.s. for irrigation and stockwater. East Side Ditch – SE1/4NW1/4SW1/4 of Section 18, T15S, R95W, 6th PM. 1,810 feet from the south line and 1,079 feet from the west section line. Source: Gunnison River. Appropriation Date: 06/01/2009. Amount Claimed .10 c.f.s. for irrigation and stockwater. DELTA COUNTY.

CASE NO. 2011CW6. DELTA COUNTY 1. Applicant: Needle Rock Ditch Company, c/o Monty Todd, 41592 Cottonwood Creek Road, Crawford CO 81415 by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR CHANGE OF WATER RIGHTS 2. Name of Structure: NEEDLE ROCK DITCH, HEADGATES 1, 2, and 3; 3. Date of Original Decree: May 28, 1937, Case No. CA2563, Delta County District Court; 4. Legal Description of decreed point of diversion: three headgates, all in Section 19, Township 15 South, Range 91 West, 6th P.M.: Headgate No. 1: NW1/4NE1/4NE1/4, on the left bank of Cottonwood Creek at a point whence the south quarter corner of Section 18, Township 15 South, Range 91 West, 6th P.M. bears North 77º45’ West 1580 feet; Headgate No. 2: NW1/4NE1/4NE1/4 on the left bank of Cottonwood Creek at a point whence the south quarter corner of Section 18, Township 15 South, Range 91 West, 6th P.M. bears North 80º20’ West 1450 feet; Headgate No. 3: NE1/4NW1/4NE1/4 on the left bank of Cottonwood Creek at a point whence the south quarter corner of Section 18, Township 15 South, Range 91 West, 6th P.M. bears North 82º West 1387 feet; 5. Date of Appropriation: April 20, 1888; Amount: 12.5 c.f.s. 7. Use: Irrigation 8. Source of Water: Cottonwood Creek, tributary to the North Fork of the Gunnison River. 9. Change requested: The headgates at No. 1 and No. 3 have not been used in some time. All 12.5 c.f.s. has been diverted at headgate No. 2. Applicant wishes to have all three rights decreed at that location, which is on the left bank of Cottonwood Creek at UTM coordinates Easting 274079, Northing 4291218, NW1/4NE1/4NE1/4 Section 19, Township 15 South, Range 91 West, 6th P.M. 261 feet south of the north section line and 1216 feet west of the east section line. By diverting the full 12.50 c.f.s. at headgate No 2, Applicant continues to irrigate the same original acreage as was irrigated under headgates No.1, No. 2 and No.3. This is not an expansion of use. There is no change in source and no other diversion on Cottonwood Creek will be injured by this change. DELTA COUNTY.

CASE NO. 2011CW7. Elk Run Estates HOA, C/O Paul Pitton, 1426 Proctor Court, Whitewater, CO 81527. Application for Surface Water Right: Jacks Pumping Station – NW1/4NW1/4 of Section 14, T2S, R1E, Ute PM. 523 feet from the north line and 1,293 feet from the west section line. Source: Gunnison River. Appropriation Date: 01/21/2011. Amount Claimed: .5 c.f.s. conditional for irrigation of 42 acres, stockwater and wildlife. MESA COUNTY.

CASE NO. 2011CW8. Whitewater Building Materials Corporation, P. O. Box 1769, Grand Junction, CO 81502-1769. Application for Change of Water Right: Whitewater Pumping Plant No. 2. Date of Original and all relevant subsequent decrees: 1952, 1972, 2010. Case No. CA 8303. Preferred Legal Description SE1/4SE1/4 of Section 15, T2S, R1E, Ute PM. 940 feet from the north line and 407 feet from the east section line. Decreed Source of water: Gunnison River. Appropriation Date: 04/01/1952. Total amount decreed to structure: 2.5 c.f.s. Decreed use. Irrigation. Amount of water that Applicant intends to change: 2.5 c.f.s. Proposed Change: This is a request to add industrial use to this decree. MESA COUNTY.

CASE NO. 2011CW9 (REF NO. 03CW248). Vickers Enterprises, Inc., P. O. Box 969, Lake City, CO 81235. Application for Finding of Diligence and To Make Absolute: Park Creek West Domestic Well – NE1/4SE1/4SW1/4 of Section 4, T43N, R4W, NMPM. 900 feet from the north line and 2,800 feet from the west section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 12/12/2003. Amount Claimed: 15 g.p.m. absolute for domestic use. Monte Queen Domestic Well – SW1/4NW1/4NE1/4 of Section 9, T43N, R4W, NMPM. 1,050 feet from the north line and 2,375 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 05/21/2001. Amount Claimed: 12 g.p.m. absolute for domestic use. Sunpark Addition Lot No. 3 Well – SE1/4SW1/4SE1/4 of Section 25, T50N, R1W, NMPM. 50 feet from the south line and 1,923 feet from the east section line. Source: Gunnison River. Appropriation Date: 04/23/2003. Amount Claimed: 7 g.p.m. absolute for domestic use. Vickers Enterprises Cabin Well No. 1 – NE1/4NW1/4NE1/4 of Section 9, T43N, R4W, NMPM. 550 feet from the north line and 1,375 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 12/12/2003. Amount Claimed: 25 g.p.m. absolute for commercial use. Vickers Enterprises Cabin Well No. 2 – NE1/4NW1/4NE1/4 of Section 9, T43N, R4W, NMPM. 125 feet from the north line and 1,700 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 12/12/2003. Amount Claimed: 15 g.p.m. absolute for commercial use. Park Creek West Domestic Well No. 3 – NW1/4NW1/4NE1/4 of Section 4, T43N, R4W, NMPM. 275 feet from the north line and 2,030 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 12/12/2003. Amount Claimed: 12 g.p.m. conditional for domestic use. Park Creek West Domestic Well No. 6 – NW1/4NW1/4NE1/4 of Section 4, T43N, R4W, NMPM. 330 feet from the north line and 2,340 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 12/12/2003. Amount Claimed: 12 g.p.m. conditional for domestic use. Park Creek West Domestic Well No. 9 – SW1/4NW1/4NE1/4 of Section 4, T43N, R4W, NMPM. 1,030 feet from the north line and 2,110 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 09/11/2009. Amount Claimed: 15 g.p.m. conditional for domestic use. Park Creek West Domestic Well No. 10 – SW1/4NW1/4NE1/4 of Section 4, T43N, R4W, NMPM. 1,140 feet from the north line and 2,370 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 12/12/2003. Amount Claimed: 15 g.p.m. conditional for domestic use. Park Creek West Domestic Well No. 11 – SW1/4NW1/4NE1/4 of Section 4, T43N, R4W, NMPM. 1,140 feet from the north line and 2,470 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 12/12/2003. Amount Claimed: 12 g.p.m. conditional for domestic use. Park Creek West Domestic Well No. 12 – NW1/4NW1/4NE1/4 of Section 4, T43N, R4W, NMPM. 250 feet from the north line and 2,640 feet from the east section line. Source: Lake Fork OF THE Gunnison River. Appropriation Date: 12/12/2003. Amount Claimed: 15 g.p.m. conditional for domestic use. Larry’s Lake – SE1/SE1/4SW1/4 of Section 35, T44N, R4W, NMPM. 686 feet from the north line and 2,957 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 1/1/1970. Amount Claimed: 20 acre-feet absolute for stock pond and fishing. Steer Pen Lake – NE1/NE1/4SE1/4 of Section 35, T44N, R4W, NMPM. 3,062 feet from the north line and 370 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 1/1/1970. Amount Claimed: 20 acre-feet absolute outlet for aug., flows to Emma Jean Tom Griffith/Larry’s Lake, for stock and fishing. Vickers Lake – SW1/SW1/4NE1/4 of Section 36, T44N, R4W, NMPM. 2,799 feet from the south line and 2,323 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 1/1/1970. Amount Claimed: 20 acre-feet absolute maximum area, needs outlet rebuilt, for stock, fishing and irrigation. Alden Lake – SE1/SW1/4SE1/4 of Section 36, T44N, R4W, NMPM. 158 feet from the south line and 1,900 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 1/1/1970. Amount Claimed: 20 acre-feet absolute 2’ for aug., flows to Gold Hill for stock and fishing. Little Lake – SE1/SW1/4SE1/4 of Section 36, T44N, R4W, NMPM. 633 feet from the south line and 1,478 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 1/1/1970. Amount Claimed: 20 acre-feet absolute, large wetland for stock pond. Gold Hill Lake – NE1/NE1/4SE1/4 of Section 3, T43N, R4W, NMPM. 106 feet from the north line and 422 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 1/1/1970. Amount Claimed: 20 acre-feet absolute, 1.5’ for aug., flows from Alden Lake, can feed to G.H. for stock, fishing and irrigation. Tom Griffith Lake – NE1/SW1/4SE1/4 of Section 35, T44N, R4W, NMPM. 1,109 feet from the south line and 1,548 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 1/1/1970. Amount Claimed: 20 acre- feet absolute, fed by Steer Pen and Emma Jean, flows to Larry’s Lake for stock and fishing. Emma Jean Lake – NE1/SW1/4SE1/4 of Section 35, T44N, R4W, NMPM. 1,320 feet from the south line and 1,373 feet from the east section line. Source: Lake Fork of the Gunnison River. Appropriation Date: 1/1/1970. Amount Claimed: 20 acre- feet absolute, flows to Tom Griffith, aug point for stock and fishing. The application on file with the water court contains a detailed outline of the work performed during the diligence period. HINSDALE COUNTY.

AMENDED /CORRECTED:

Case No. 10CW167. MONTROSE COUNTY. 1. Applicant: Board of County Commissioners of Montrose County (“Montrose County”). Please direct all correspondence and pleadings to: Charles B. White, Esq., Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, Telephone: (303) 825-1980. FIRST AMENDMENT TO APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTS. Applicant, Board of County Commissioners of Montrose County (“Montrose County”), submits this First Amendment to the Application for Conditional Water Rights that was filed on December 20, 2010, and published in the December, 2010 resume for Water Division No. 4. 2. Paragraph 4.B of the Application is amended in its entirety as follows: Name and capacity of ditch or ditches used to fill reservoirs, and legal description of each point of diversion: (1) Each of the Reservoirs will be filled from the J. & M. Hughes Ditch, diverting at the following locations at a cumulative rate of flow of 100 c.f.s. The numbering of diversion point and alternate source descriptions provided below conform to those stated in application filed by the J&M Hughes Ditch Co. in Case No. 10CW210, Water Division No. 4. Diversion Source of Township Range Section 1/4 1/4 Feet from section # diversions N.M.P.M. lines North/So East/W uth est #1 Fall Creek, a/k/a West 42 N 11 W 27 NW NW 1151 N 887 W Fall Creek #2 Trail Creek 42 N 11 W 22 SW NE 2092 N 1918 E #3 Williams Creek 42 N 11 W 15 SW SW 1011 S 591 W #4 Willow Creek, a/k/a /Willow 42 N 11 W 16 SE NE 2356 N 306 E Creek #5 Little Cone Creek, a/k/a Hunt Creek a/k/a No 42 N 11 W 10 NE SW 1946 S 1868 W Name Creek

#6 Hunt Creek, a/k/a unidentified drainage 42 N 11 W 10 SE NE 1581 N 856 E tributary to Fall Creek #12 East Fork Painter Creek, a/k/a unidentified 43 N 11 W 27 NW SE 2081 S 2387 E drainage tributary to Fall Creek #13 Painter Creek, a/k/a unidentified drainage 43 N 11 W 27 NE SW 2681 S 1775 W tributary to Fall Creek #14 East Specia (Specie) Creek, a/k/a 43 N 11 W 28 NW SE 1998 S 2095 E Specie Creek #15 West Branch Specia (Specie) Creek, a/k/a unidentified 43 N 11 W 28 NW SW 1646 S 241 W drainage tributary to Specie Creek #17 Spring Branch Creek, a/k/a unidentified drainage 43 N 11 W 31 NE NE 1376 N 1081 E tributary to Saltado Creek #18 East Saltado Creek, a/k/a unidentified drainage 43 N 11 W 31 SE SW 399 S 1613 W tributary to Saltado Creek #19 Rock Creek, a/k/a unidentified drainage 42 N 12 W 1 NE SE 1562 S 319 E tributary to Saltado Creek #20 Saltado Creek 42 N 12 W 1 SE SE 1114 S 252 E In accordance with the application filed by the J&M Hughes Ditch Co. in Case No. 10CW210, Water Division No. 4, foregoing points of diversion may also be legally described, in the alternative, as follows: Diversio Source of Grid Northing Grid Easting Latitude Longitude n diversions # #1 Fall Creek, a/k/a West Fall 1451339.0178 2257207.3803 N37°52'41.13" W108°04'25.99" #2 Trail Creek 1455585.3055 2259974.5740 N37°53'23.85" W108°03'52.95" #3 Williams Creek 1458883.0033 2257331.5046 N37°53'55.72" W108°04'27.04"

#4 Willow Creek, a/k/a Little 1460810.6113 2256471.8586 N37°54'14.54" W108°04'38.42" Cone/Willow Creek #5 Little Cone Creek, a/k/a 1465589.4972 2259107.4742 N37°55'02.48" W108°04'07.19" Hunt Creek a/k/a No Name Creek #6 Hunt Creek, a/k/a 1470054.0307 2263021.0452 N37°55'47.67" W108°03'19.89" unidentified drainage #12 East Fork Painter Creek, 1480289.2558 2260349.3541 N37°57'28.09" W108°03'56.74" a/k/a unidentified drainage #13 Painter Creek, a/k/a 1480958.5177 2259139.8825 N37°57'34.38" W108°04'12.06" unidentified drainage #14 East Specia (Specie) 1480530.8706 2255531.0266 N37°57'29.17" W108°04'56.96" #15 WestCk Branch/k/S SpeciaiC k1480142.6444 2252327.9700 N37°57'24.46" W108°05'36.81" (Specie) Creek, a/k/a #17 Spring Branch Creek, 1477199.4826 2245660.6732 N37°56'53.53" W108°06'58.99" a/k/a unidentified drainage #18 East Saltado Creek, a/k/a 1473707.0733 2242872.0873 N37°56'18.24" W108°07'32.57" unidentified drainage #19 Rock Creek, a/k/a 1469956.3447 2240771.3122 N37°55'40.59" W108°07'57.46" unidentified drainage tributary to Saltado Creek #20 Saltado Creek 1469715.6487 2240725.4148 N37°55'38.20" W108°07'57.95" (2) In accordance with the application filed by the J&M Hughes Ditch Co. in Case No. 10CW210, Water Division No. 4, the J. & M. Hughes Ditch also diverts water at the following additional locations, which are claimed herein subject to the same cumulative rate of flow of 100 c.f.s. described in paragraph 4.B(1) above. Diversio Structure Grid Northing Grid Easting Latitude Longitude n # #7 Unidentified drainage 1472390.9356 2262187.3054 N37°56'10.54" W108°03'31.10" tributary to Fall Creek #8 Unidentified drainage 1473456.8561 2261941.6348 N37°56'21.00" W108°03'34.53" tributary to Fall Creek #9 Unidentified drainage 1473617.6325 2261994.5999 N37°56'22.61" W108°03'33.92" tributary to Fall Creek #10 Unidentified drainage 1476494.2106 2263814.5683 N37°56'51.53" W108°03'12.19" tributary to Fall Creek #11 Unidentified drainage 1476983.2149 2263714.9779 N37°56'56.33" W108°03'13.60" tributary to Fall Creek #16 Unidentified drainage 2249215.7165 N37°57'18.88" W108°06'15.48" Tributary to Specie Creek 1479664.7096 #21 Unidentified drainage 1474290.8776 2239543.9201 N37°56'23.09" W108°08'14.30" tributary to Saltado (3) Any other points at which the J. & M. Hughes Ditch currently intercepts tributary water along its course, which are claimed herein subject to the same cumulative rate of flow of 100 c.f.s. described in paragraph 4.B(1) above. (4) The Beaver Park Ditch will deliver water from the all of the foregoing sources to the Maverick Draw Reservoir No. 1, First Enlargement and Maverick Draw Reservoir No. 2, First Enlargement at a cumulative rate of flow of 100 c.f.s. The Ditch will be constructed as an extension of the J. & M. Hughes Ditch. Water carried in the Beaver Park Ditch will be discharged into the Gurley Ditch system and conveyed to Maverick Draw. 3. Owner 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: All landowners affected by the structures and points of diversion described herein were identified in the original Application and received notice thereof as provided by law. Copies of this First Amendment will be provided to the following land owners: Wolf Land Company LP,700 Louisiana, Ste 1100, Houston, TX 77002, Nancy Branyas and Vernon Petri, 11735 East 500 South, Zionsville, IN 46077, Elliot H. Cole, Trustee,9400 Key West Ave., Rockville, MD 20850-3322, #14 Specie Wilderness, LLC, 280 Wigmore Drive, Pasadena, CA 91105, William L. and Barbara H. Dickson, 2715 County Road 23, Ridgway, CO 81432, T.L. Bar Ranch Partnership, LLLP, P. O. Box 535, Montrose, CO 81402, Specie Wilderness LLC, 280 Wigmore Dr., Pasadena, CA 91105. 4. All other claims remain as previously published. Except as specifically amended as set forth above, the Application for Conditional Water Storage Rights remains as filed on December 20, 2010 and published in the December, 2010 resume for Water Division No. 4. WHEREFORE, Montrose County respectfully requests that the Court enter a decree granting this Amended Application, awarding the water rights claimed herein, and granting to the Applicant such other relief as the Court deems just and proper. MONTROSE COUNTY.

CASE NO. 2010CW202; SAN MIGUEL AND MONTROSE COUNTIES, WATER DISTRICT NO. 4: 1) Applicant: Norwood Water Commission (NWC); 2) Attorney: John Barlow Spear, Adam T. Reeves and Janice C. Sheftel, Esq., Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) First Amended Application for Surface and Reservoir Water Rights and Change of Water Rights: Note: Except as amended as set forth below, the NWC Application for Surface and Reservoir rights and Change of Water Rights in this matter remains as filed on December 30, 2010 and as published in the December Resume for Water Division 4. Section 6 of the Original Application is amended to read as follows: 6. Name of structure: NWC J.&M. Hughes Ditch (Enlargement) A. Legal description of PODs and Sources: (i) Decreed Ditch headgates (DPODs) are located as follows: (a) Headgate No. 1: West bank of Fall Creek, a/k/a West Fall Creek, whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears North 42°10' West, 495 feet; Headgate No. 2: West bank of Trail Creek whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears South 16°10' West, 4,606 feet; Headgate No. 3: West bank of Williams Creek, whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears South 10°10' East, 6,435 feet; Headgate No. 4: West bank of Willow Creek, a/k/a Little Cone/Willow Creek, whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears South 0°5' West, 12,671 feet; Headgate No. 5: West bank of Little Cone Creek, a/k/a Hunt Creek a/k/a No Name Creek, whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears South 1°32' West, 13,103 feet; Headgate No. 6: West bank of Hunt Creek, a/k/a an unidentified drainage tributary to Fall Creek, whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears South 13°50' West, 17,335 feet; Headgate No. 712:1 West bank of East Fork of Painter Creek, a/k/a unidentified drainage tributary to Fall Creek, whence the NW corner of Section 27, T43N, R11W, NMPM, bears North 44°45' West, 4,245 feet; Headgate No. 813: West bank of Painter Creek, a/k/a an unidentified drainage tributary to Fall Creek, whence the NW corner of Section 27, T43N, R11W, NMPM, bears

1 DPODs 7-14, as decreed, have been renumbered to conform to the numbering of the J.&M. Hughes Ditch headgates in Case 10CW210, Water Division 4, filed by the J.&M. Hughes Ditch Company, Inc. to obtain surveyed alternate PODs for the DPODs.

North 38°10' West, 2,980 feet; Headgate No. 914: West bank of East Specia (as decreed, generally known as Specie) Creek, whence the NW corner of Section 27, T43N, R11W, NMPM, bears North 38°55' East, 3,857 feet; Headgate No. 1015: West bank of West Branch of Specia (as decreed, generally known as Specie) Creek, a/k/a unidentified drainage tributary to Specie Creek, whence the NW corner of Section 27, T43N, R11W, NMPM, bears North 63°0' East, 9,245 feet; Headgate No. 1117: West bank of Spring Branch Creek, a/k/a unidentified drainage tributary to Saltado Creek, whence the NW corner of Section 36, T43N, R11W (as decreed, actually R12W), NMPM, bears North 84°15' West, 9,370 feet; Headgate No. 1218: West bank of East Saltado Creek, a/k/a unidentified drainage tributary to Saltado Creek, whence the NW corner of Section 36, T43N, R11W (as decreed, actually R12W), NMPM, bears North 55°25' West, 8,034 feet; Headgate No. 1319: West bank of Rock Creek, a/k/a unidentified drainage tributary to Saltado Creek, whence the NW corner of Section 36, T43N, R11W (as decreed, R12W in actuality), NMPM, bears North 28°45' West, 9,202 feet; Headgate No. 1420: West bank of Saltado Creek, in Section 1, T42N, R12W, NMPM, whence the NW corner of Section 36, T43N, R11W (as decreed, R12W in actuality), NMPM, bears North 27°0' West, 9,636 feet. Trail, Williams, Willow, Little Cone, Hunt, East Fork Painter, and Painter Creeks are all tributary to Fall Creek; West Fork Specie Creek is tributary to Specie Creek; Spring Branch, East Saltado, and Rock Creeks are all tributary to Saltado Creek. All are tributary to the San Miguel River. (See map of DPODs, attached as Figure 3, attached hereto and made a part hereof to Original Application.) (ii) The decreed PODs are shown on Figure 3, attached hereto and made a part hereof. The J.&M. Hughes Ditch Company is applyingapplied in December 2010 in Case 10CW210 to have decreed as alternate PODs for the 14 J.&M. Hughes Ditch decreed DPODs the actual surveyed 14 PODs (J.&M. Hughes Alt POD App.) to be incorporated herein Therefore, the above DPODs may be described legally in the alternate as surveyed ("Surveyed PODs" or "SPODs"), as listed below. The SPODs include the SPODs for the Williams Ditch2. (See Exhibit "A", attached to First Amended Application, for a map of the SPODs): Headgate 1: Sec. 27, T 42N, R 11W, NW 1/4 of the NW 1/4 1126 Ft N. and 629 ft W, NMPM; Headgate 2: Sec. 22, T 42N, R 11W, SW 1/4 of the NE 1/4, 2172 ft N and 2081 ft E, NMPM; Headgate 3: Sec. 15, T 42N, R

2 The Remarks, Section 9 of the J.&M. Hughes Ditch Alt. POD App. sets forth that the application was filed to confirm the historic practices of the owners of the Williams Ditch and the J.&M. Hughes Ditch. The original intent of the owners of the Williams Ditch was to construct a ditch approximately 30 miles in length. The first mile of the Williams Ditch was constructed and 11.9 cfs was diverted out of Trail Creek, Williams, No Name and Little Cone Creeks, all tributary to Fall Creek. (See documentation in J.&M. Hughes Ditch Alt. POD App.) The J.&M. Hughes Ditch was constructed in 1950 with fourteen decreed headgates, running for 20.5 miles, which was in actuality an enlargement of the Williams Ditch extending the upper reach of the ditch to Fall Creek and extending the lower ditch around Specie Mesa across Saltado Creek to Beaver Mesa, therefore, fulfilling much of the original intent of the planned Williams Ditch. In constructing the J.&M. Hughes Ditch, much if not all of the Williams Ditch was physically obliterated. The owners of the Williams and J.&M. Hughes Ditches have been diverting the Williams and the J.&M. Hughes Ditch water through the J.&M. Hughes Ditch since it was constructed in 1950.

11W, SW 1/4 of the SW 1/4, 1065 ft S and 515 ft W, NMPM; Headgate 4: Sec. 16, T 42N, R 11W, SE 1/4 of the NE 1/4, 2266 ft N and 382 ft E, NMPM; Headgate 5: Sec. 10, T 42N, R 11W, NE 1/4 of the SW 1/4, 2558 ft S and 2124 ft W, NMPM; Headgate 6: Sec. 2, T 42N, R 11W, NW 1/4 of the SW 1/4, 1781 ft S and 596 ft W, NMPM; Headgate 12: Sec. 27, T 43N, R 11W, NW 1/4 of the SE 1/4, 2128 ft S and 2356 ft E, NMPM; Headgate 13: Sec. 27, T 43N, R 11W, SE 1/4 of the NW 1/4, 2611 ft N and 1709 ft W, NMPM; Headgate 14: Sec. 28, T 43 N, R 11W, NW 1/4 of the SE 1/4, 2263 ft S an 1885 ft E, NMPM; Headgate 15: Sec. 28, T 43N, R 11W, NW 1/4 of the SW 1/4, 1810 ft S and 197 ft W, NMPM; Headgate 17: Sec. 31, T 43N, R 11W, NE 1/4 of the NE 1/4, 1277 ft N and 1102 ft E, NMPM; Headgate 18: Sec. 31, T 43N, R 11W, SE 1/4 of the SW 1/4, 460 ft S and 1433 ft W, NMPM; Headgate 19: Sec. 1, T 42 N, R 12W, SE 1/4 of the SE 1/4, 1177 ft S and 427 ft E, NMPM; Headgate 20: Sec. 1, T 42 N, R 12W, SE 1/4 of the SE 1/4, 935 ft S and 457 ft E, NMPM; (iii) Pursuant to the Application in Case No. 10CW210, J.&M. Hughes Alt. POD App., the J.&M. Hughes Ditch also diverts water at the following additional locations, subject to the new 40 cfs water right flow rate claimed in Section (C) below. Headgate 7: Sec. 3, T 42N, R 11W, NE 1/4 of the NE 1/4, 424 ft N and 265 ft E, NMPM; Headgate 8: Sec. 34, T 43N, R 11W, SE 1/4 of the SE 1/4, 639 ft S and 537 ft E, NMPM; Headgate 9: Sec. 34, T 43N, R 11W, SE 1/4 of the SE 1/4, 800 ft S and 489 ft E, NMPM; Headgate 10: Sec. 35, T 43N, R 11W, SW 1/4 of the NW 1/4, 1591 ft N and 1238 ft W, NMPM; Headgate 11: Sec. 35, T 43N, R 11W, NW 1/4 of the NW 1/4, 1104 ft N and 1122 ft W, NMPM; The above headgates have as their source unnamed (unidentified) drainages tributary to Fall Creek); Headgate 16: Sec. 29, T 43N, R 11W, SE 1/4 of the SW 1/4, 1259 ft S and 2377 ft W, NMPM (Source is unnamed (unidentified) tributary to Specie Creek.); Headgate 21: Sec. 36, T 43N, R 12W, SW 1/4 of the SE 1/4, 965 ft S and 1917 ft E, NMPM (Source is unnamed (unidentified) tributary to Saltado Creek.) (iv) This First Amended Application also claims for the NWC J.&M. Hughes Ditch - Enlargement all other points at which the J.&M. Hughes Ditch/Williams Ditch currently intercepts tributary water along its course, subject to the new 40 cfs water right flow rate claimed in Section (C), below. B. i. Appropriation Date: May 1982; ii. How appropriation initiated: Bureau of Reclamation "Planning Report On the San Miguel Project, Colorado"; C. Amount claimed: 40.0 c.f.s., Conditional; D. Uses: Irrigation and supplemental irrigation of approximately 20,000 acres in the NWC Service Area. (See Figure 1, attached to Original Application, and Section 2(D), above); Municipal; industrial; piscatorial; power generation; domestic; augmentation; exchange; commercial and storage for the same uses in the following Reservoirs: NWC Ed Joe Draw (Section 7, below in Original Application, as amended herein); NWC Upper Gurley (Section 8, below in Original Application, as amended herein); NWC Beaver Park (Section 9, below in Original Application, as amended herein); NWC Old Town (Section 10, belowas amended herein); NWC Huff Gulch (Section 11, below in Original Application) and Reservoir Enlargement (See NWC/Lone Cone Application, and legal description of Enlargement at Section 3(E), above in Original Application.) E. Names and addresses of owners of land on which decreed NWC J.&M. Hughes Ditch (Enlargement) located:SPODS are located3: Copies of this First Amended Application are being provided to Headgates 1-5 owners of land on which the SPODs are located, Surveyed (Alt.) PODs 1, 2, 3 and 5: Forest Service, Norwood Ranger District, Attn: Dee Closson, P.O. Box 388, Norwood, CO 81423; Headgate 6 Surveyed (Alt.) POD 6: Nancy Branyas and Vernon Petri, Joint Tenants, 11735 East 500 South, Zionsville, IN 46077; Surveyed Alt. PODs 7-11: Elliot H. Cole, Trustee, 9400 Key West Ave., Rockville, MD 20850-3322; Headgates 7 and 8 Surveyed (Alt.) PODs 12 and 13: William L. and Barbara H. Dickson, 2715 C.R. 23, Ridgway, CO 81432; Headgate 9 Surveyed (Alt.) POD 14: Specie Wilderness LLC, a Colorado Limited Liability Company, 280 Wigmore Drive, Pasadena, CA 91105; Headgate 10 Surveyed (Alt.) PODs 4, 15, and 16: Wolf Land Company LP, 700 Louisiana, Ste. 1100, Houston, TX 77002; Headgates 11-14 Surveyed (Alt.) PODs 17-21: T L Bar Ranch Partnership LLP, P.O. Box 535, Montrose, CO 81402 See J.&M. Hughes Alt. POD App. for owners of land under surveyed PODs. The following Owners of Land under the Ditch itself were provided notices of the original application herein, as required by law: Wolf Land Company LP, 700 Louisiana, Ste. 1100, Houston, TX 77002; Ronold Von Hagen, Trustee of Ronold Von Hagen 07 Rev. Trust of 06-16-07, P.O. Box 1907, Sun Valley, ID 83353-1907; Michael Paul Rose and Monica Alvina Rose, Joint Tenants, c/o Metropolitan Capital Bank, 9 East Ontario, Chicago, IL 60611; Steven C. Dressler, 1355 Sutton Road, Shavertown, PA 18708; Duncan Gay Coker, 216 Florida Hill Road, Ridgefield, CT 06877; Peter A. and Donna H. Johnson, P.O. Box 1692, Telluride, CO 81435-1692; Edward F. and Pamela W. McKelvey, 11 Blackburn Pl., Summit, NJ 07901; Elliott H. Cole, Trustee, Attn: Centennial, 9400 Key West Ave., Rockville, MD 20850-3322; William L. and Barbara H. Dickson, 2715 C.R. 23, Ridgway, CO 81432; SBB LLC, 11845 Olympic Blvd., Ste. 845, Los Angeles, CA 90064; Specie Wilderness LLC, 280 Wigmore Dr., Pasadena, CA 91105; JC Mesa, P.O. Box 646, Ouray, CO 81427- 0646; John G. and Victoria A. Irwin Joint Trust, P.O. Box 2193, Telluride, CO 81435-2193; Teacher Inc. Money Purchase Pension Plan and Trust, 280 Wigmore Dr., Pasadena, CA 91105; Catherine R. Register, Trustee, Register Family Trust Dated 11-18-91, 230 Crossroad Trail, Fredricksburg, TX 78624; T L Bar Ranch Partnership LLP, P.O. Box 535, Montrose, CO 81402; and Beaver Mesa Livestock LP, P.O. Box 249, Norwood, CO 81423-0249. Section 7(B) regarding the NWC Ed Joe Draw is amended to read as follows: B. Sources: Onstream reservoir on Ed Joe Draw; NWC J.&M. Hughes Ditch (Enlargement) (See description of decreed PODs in Section 6 above and Figure 3, attached to the Original Application. See also J.&M. Hughes Alt POD App and Section 6(A), above for actual sSurveyed PODs in the alternate); and Goat Creek Pump and alternate PODs (See Section 3, above); Section 8(B) regarding the NWC Upper Gurley is amended to read as follows: B. Sources: NWC J.&M. Hughes Ditch (See Section 6, above and Figure 3, attached,. and See also

3 The owners of land where the DPODs are located received notice of the original Application in this matter, as required by law. J.&M. Hughes Alt POD App and Section 6(A) above for actual surveyed PODs in the alternate), and NWC Goat Creek Pump and alternate PODs (See Section 3, above, and Figure 4, attached) Section 9(B) regarding the Beaver Park Reservoir is amended to read as follows: B. Sources: NWC J.&M. Hughes Ditch (See Section 6, above and Figure 3, attached,. and See also J.&M. Hughes Alt POD App and Section 6(A) above for actual surveyed PODs in the alternate), and NWC Goat Creek Pump and alternate PODs (See Section 3, above, and Figure 4, attached) Section 10 regarding the NWC Old Town Reservoir is amended to read as follows: B. Sources: NWC J.&M. Hughes Ditch (See Section 6, above and Figure 3, attached,. and See also J.&M. Hughes Alt POD App and Section 6(A) above for actual surveyed PODs in the alternate), and NWC Goat Creek Pump and alternate PODs (See Section 3, above, and Figure 4, attached) D. Amount claimed: 305183 AF, Conditional E. Uses: Municipal, industrial, piscatorial, domestic, augmentation, exchange, commercial, power generation and irrigation and supplemental irrigation of up to 20,000 Acres in the NWC Service Area. (See Section 2(D), above, and Figure 1, attached.) F. Reservoir: i. Height of dam: ca 7'; ii. Length of dam: ca 3,065'; iii. Total capacity of reservoir: 183 AF; iv. Active capacity: 183 AF; G. Applicant herein is owner of land on which NWC Old Town dam and land within high water line of reservoir are located: WHEREFORE, NWC respectfully requests that the Court enter a decree granting this First Amended Application (including the unchanged portions of the original Application herein), and confirming the water rights claimed herein. SAN MIGUEL AND MONTROSE COUNTIES.

CASE NO. 2010CW203; SAN MIGUEL AND MONTROSE COUNTIES, WATER DISTRICT NO. 4: 1) Applicant: Lone Cone Ditch and Reservoir Company (Company) and Norwood Water Commission (NWC); 2) Attorney: John Barlow Spear, Adam T. Reeves and Janice C. Sheftel, Esq., Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Amended Application for Water Storage and Surface Rights: Note: Except as amended as set forth below, the NWC/Company Application for water storage and surface rights in this matter remains as filed on December 30, 2010 and as published in the December Resume for Water Division 4. Section 3(B)(2)(i) of the Application is amended to read as follows: (a) the NWC J.&M. Hughes Ditch (Enlargement), with the 14 decreed PODs (DPODs) located as follows set forth below: (a) Headgate No. 1: West bank of Fall Creek, a/k/a West Fall Creek, whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears North 42°10' West, 495 feet; Headgate No. 2: West bank of Trail Creek whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears South 16°10' West, 4,606 feet; Headgate No. 3: West bank of Williams Creek, whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears South 10°10' East, 6,435 feet; Headgate No. 4: West bank of Willow Creek, a/k/a Little Cone/Willow Creek, whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears South 0°5' West, 12,671 feet; Headgate No. 5: West bank of Little Cone Creek, a/k/a Hunt Creek a/k/a No Name Creek, whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears South 1°32' West, 13,103 feet; Headgate No. 6: West bank of Hunt Creek, a/k/a an unidentified drainage tributary to Fall Creek, whence the quarter corner between Sections 22 and 27, T42N, R11W, NMPM, bears South 13°50' West, 17,335 feet; Headgate No. 712:4 West bank of East Fork of Painter Creek, a/k/a unidentified drainage tributary to Fall Creek, whence the NW corner of Section 27, T43N, R11W, NMPM, bears North 44°45' West, 4,245 feet; Headgate No. 813: West bank of Painter Creek, a/k/a an unidentified drainage tributary to Fall Creek, whence the NW corner of Section 27, T43N, R11W, NMPM, bears North 38°10' West, 2,980 feet; Headgate No. 914: West bank of East Specia (as decreed, generally known as Specie) Creek, whence the NW corner of Section 27, T43N, R11W, NMPM, bears North 38°55' East, 3,857 feet; Headgate No. 1015: West bank of West Branch of Specia (as decreed, generally known as Specie) Creek, a/k/a unidentified drainage tributary to Specie Creek, whence the NW corner of Section 27, T43N, R11W, NMPM, bears North 63°0' East, 9,245 feet; Headgate No. 1117: West bank of Spring Branch Creek, a/k/a unidentified drainage tributary to Saltado Creek, whence the NW corner of Section 36, T43N, R11W (as decreed, actually R12W), NMPM, bears North 84°15' West, 9,370 feet; Headgate No. 1218: West bank of East Saltado Creek, a/k/a unidentified drainage tributary to Saltado Creek, whence the NW corner of Section 36, T43N, R11W (as decreed, actually R12W), NMPM, bears North 55°25' West, 8,034 feet; Headgate No. 1319: West bank of Rock Creek, a/k/a unidentified drainage tributary to Saltado Creek, whence the NW corner of Section 36, T43N, R11W (as decreed, R12W in actuality), NMPM, bears North 28°45' West, 9,202 feet; Headgate No. 1420: West bank of Saltado Creek, in Section 1, T42N, R12W, NMPM, whence the NW corner of Section 36, T43N, R11W (as decreed, R12W in actuality), NMPM, bears North 27°0' West, 9,636 feet. Trail, Williams, Willow, Little Cone, Hunt, East Fork Painter, and Painter Creeks are all tributary to Fall Creek; West Fork Specie Creek is tributary to Specie Creek; Spring Branch, East Saltado, and Rock Creeks are all tributary to Saltado Creek. All are tributary to the San Miguel River. (See Figure 3, attached hereto and made a part hereof to Original Application.) (b) Pursuant to the water rights change application filed by the J.&M. Hughes Ditch Company, Inc. in Case No. 10CW210, Water Division 4, seeking alternate PODs for the J.&M. Hughes Ditch DPODs at surveyed PODs (J.&M. Hughes Ditch Alt. POD App.), the above DPODs may be described legally in the alternate as surveyed ("Surveyed PODs" or "SPODs"), as listed below. The SPODs include the SPODs for the Williams Ditch5. (See Exhibit "A", attached hereto and made

4 DPODs 7-14, as decreed, have been renumbered to conform to the numbering of the J.&M. Hughes Ditch headgates in Case 10CW210, Water Division 4, filed by the J.&M. Hughes Ditch Company, Inc. to obtain surveyed alternate PODs for the DPODs.

5 The Remarks, Section 9 of the J.&M. Hughes Ditch Alt. POD App. sets forth that the application was filed to confirm the historic practices of the owners of the Williams Ditch and the J.&M. Hughes Ditch. The original intent of the owners of the Williams Ditch was to construct a ditch approximately 30 miles in length. The first mile of the Williams Ditch was constructed and 11.9 cfs was diverted out of Trail Creek, Williams, No Name and Little Cone Creeks, all tributary to Fall a part hereof, for a map of the SPODs): Headgate 1: Sec. 27, T 42N, R 11W, NW 1/4 of the NW 1/4 1126 Ft N. and 629 ft W, NMPM; Headgate 2: Sec. 22, T 42N, R 11W, SW 1/4 of the NE 1/4, 2172 ft N and 2081 ft E, NMPM; Headgate 3: Sec. 15, T 42N, R 11W, SW 1/4 of the SW 1/4, 1065 ft S and 515 ft W, NMPM; Headgate 4: Sec. 16, T 42N, R 11W, SE 1/4 of the NE 1/4, 2266 ft N and 382 ft E, NMPM; Headgate 5: Sec. 10, T 42N, R 11W, NE 1/4 of the SW 1/4, 2558 ft S and 2124 ft W, NMPM; Headgate 6: Sec. 2, T 42N, R 11W, NW 1/4 of the SW 1/4, 1781 ft S and 596 ft W, NMPM; Headgate 12: Sec. 27, T 43N, R 11W, NW 1/4 of the SE 1/4, 2128 ft S and 2356 ft E, NMPM; Headgate 13: Sec. 27, T 43N, R 11W, SE 1/4 of the NW 1/4, 2611 ft N and 1709 ft W, NMPM; Headgate 14: Sec. 28, T 43 N, R 11W, NW 1/4 of the SE 1/4, 2263 ft S an 1885 ft E, NMPM; Headgate 15: Sec. 28, T 43N, R 11W, NW 1/4 of the SW 1/4, 1810 ft S and 197 ft W, NMPM; Headgate 17: Sec. 31, T 43N, R 11W, NE 1/4 of the NE 1/4, 1277 ft N and 1102 ft E, NMPM; Headgate 18: Sec. 31, T 43N, R 11W, SE 1/4 of the SW 1/4, 460 ft S and 1433 ft W, NMPM; Headgate 19: Sec. 1, T 42 N, R 12W, SE 1/4 of the SE 1/4, 1177 ft S and 427 ft E, NMPM; Headgate 20: Sec. 1, T 42 N, R 12W, SE 1/4 of the SE 1/4, 935 ft S and 457 ft E, NMPM; (c) Pursuant to the Application in Case No. 10CW210, J.&M. Hughes Alt. POD App., the J.&M. Hughes Ditch also diverts water at the following additional locations, subject to the new 40 cfs water right flow rate claimed by NWC in Case No. 10CW202, at Section 6(c). Headgate 7: Sec. 3, T 42N, R 11W, NE 1/4 of the NE 1/4, 424 ft N and 265 ft E, NMPM; Headgate 8: Sec. 34, T 43N, R 11W, SE 1/4 of the SE 1/4, 639 ft S and 537 ft E, NMPM; Headgate 9: Sec. 34, T 43N, R 11W, SE 1/4 of the SE 1/4, 800 ft S and 489 ft E, NMPM; Headgate 10: Sec. 35, T 43N, R 11W, SW 1/4 of the NW 1/4, 1591 ft N and 1238 ft W, NMPM; Headgate 11: Sec. 35, T 43N, R 11W, NW 1/4 of the NW 1/4, 1104 ft N and 1122 ft W, NMPM; The above headgates have as their source unnamed (unidentified) drainages tributary to Fall Creek) Headgate 16: Sec. 29, T 43N, R 11W, SE 1/4 of the SW 1/4, 1259 ft S and 2377 ft W, NMPM; (Source is unnamed (unidentified) tributary to Specie Creek.); Headgate 21: Sec. 36, T 43N, R 12W, SW 1/4 of the SE 1/4, 965 ft S and 1917 ft E, NMPM (Source is unnamed (unidentified) tributary to Saltado Creek.) (d) This First Amended Application also claims for the NWC J.&M. Hughes Ditch - Enlargement all other points at which the J.&M. Hughes Ditch/Williams Ditch currently intercepts tributary water along its course, subject to the new 40 cfs water right flow rate claimed by NWC in Case 10CW202, at Section 6(c). Names and addresses of owners of land on

Creek. (See documentation in J.&M. Hughes Ditch Alt. POD App.) The J.&M. Hughes Ditch was constructed in 1950 with fourteen decreed headgates, running for 20.5 miles, which was in actuality an enlargement of the Williams Ditch extending the upper reach of the ditch to Fall Creek and extending the lower ditch around Specie Mesa across Saltado Creek to Beaver Mesa, therefore, fulfilling much of the original intent of the planned Williams Ditch. In constructing the J.&M. Hughes Ditch, much if not all of the Williams Ditch was physically obliterated. The owners of the Williams and J.&M. Hughes Ditches have been diverting the Williams and the J.&M. Hughes Ditch water through the J.&M. Hughes Ditch since it was constructed in 1950.

which SPODs are located6: Copies of this First Amended Application are being provided to Headgates 1-5 owners of land on which the SPODs are located, Surveyed (Alt.) PODs 1, 2, 3 and 5: United States Forest Service, Norwood Ranger District, Attn: Dee Closson, P.O. Box 388, Norwood, CO 81423; Headgate 6 Surveyed (Alt.) POD 6: Nancy Branyas and Vernon Petri, Joint Tenants, 11735 East 500 South, Zionsville, IN 46077; Surveyed Alt. PODs 7-11: Elliot H. Cole, Trustee, 9400 Key West Ave., Rockville, MD 20850- 3322; Headgates 7 and 8 Surveyed (Alt.) PODs 12 and 13: William L. and Barbara H. Dickson, 2715 C.R. 23, Ridgway, CO 81432; Headgate 9 Surveyed (Alt.) POD 14: Specie Wilderness LLC, a Colorado Limited Liability Company, 280 Wigmore Drive, Pasadena, CA 91105; Headgate 10 Surveyed (Alt.) PODs 4, 15, and 16: Wolf Land Company LP, 700 Louisiana, Ste. 1100, Houston, TX 77002; Headgates 11-14 Surveyed (Alt.) PODs 17-21: T L Bar Ranch Partnership LLP, P.O. Box 535, Montrose, CO 81402 See J.&M. Hughes Alt. POD App. for owners of land under surveyed PODs. The following Owners of Land under the Ditch itself were provided notices of the original application herein, as required by law: Wolf Land Company LP, 700 Louisiana, Ste. 1100, Houston, TX 77002; Ronold Von Hagen, Trustee of Ronold Von Hagen 07 Rev. Trust of 06-16-07, P.O. Box 1907, Sun Valley, ID 83353-1907; Michael Paul Rose and Monica Alvina Rose, Joint Tenants, c/o Metropolitan Capital Bank, 9 East Ontario, Chicago, IL 60611; Steven C. Dressler, 1355 Sutton Road, Shavertown, PA 18708; Duncan Gay Coker, 216 Florida Hill Road, Ridgefield, CT 06877; Peter A. and Donna H. Johnson, P.O. Box 1692, Telluride, CO 81435- 1692; Edward F. and Pamela W. McKelvey, 11 Blackburn Pl., Summit, NJ 07901; Elliott H. Cole, Trustee, Attn: Centennial, 9400 Key West Ave., Rockville, MD 20850-3322; William L. and Barbara H. Dickson, 2715 C.R. 23, Ridgway, CO 81432; SBB LLC, 11845 Olympic Blvd., Ste. 845, Los Angeles, CA 90064; Specie Wilderness LLC, 280 Wigmore Dr., Pasadena, CA 91105; JC Mesa, P.O. Box 646, Ouray, CO 81427-0646; John G. and Victoria A. Irwin Joint Trust, P.O. Box 2193, Telluride, CO 81435-2193; Teacher Inc. Money Purchase Pension Plan and Trust, 280 Wigmore Dr., Pasadena, CA 91105; Catherine R. Register, Trustee, Register Family Trust Dated 11-18-91, 230 Crossroad Trail, Fredricksburg, TX 78624; T L Bar Ranch Partnership LLP, P.O. Box 535, Montrose, CO 81402; and Beaver Mesa Livestock LP, P.O. Box 249, Norwood, CO 81423-0249. WHEREFORE, NWC and the Company respectfully request that the Court enter a decree granting this First Amended Application (including the unchanged portions of the original Application herein), and confirming the water rights claimed herein. SAN MIGUEL AND MONTROSE COUNTIES.

YOU ARE FURTHER NOTIFIED THAT you have until the last day of March, 2011 to file with the Water Clerk, in duplicate, 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 a Statement of Opposition must also be

6 The owners of land where the DPODs are located received notice of the original Application in this matter, as required by law. served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401