IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO 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 December 2006.

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:

CASE NO. 06CW225. Applicant: Joe Cabrera and Nancy Kelly, 5824 Parfet Street, Arvada, CO 80004. Application for Water Storage Rights: All structures are located in Section 1, T15S, R93W, 6th PM with an appropriation date of 11/1/04. Source of all structures is a seasonal stream tributary to the North Fork River. All structures claim 4 acre feet conditional each for fish, wildlife, recreation, stock and fire protection. Thistle Dew Pond No. 1: NE 1/4 NW 1/4 SE 1/4, 2530 feet from the south and 1550 feet from the east section lines; Thistle Dew Pond No. 2: SE 1/4 NW 1/4 SE 1/4, 1528 feet from the south and 1432 feet from the east section lines: Thistle Dew Pond No. 3: SE 1/4 NE 1/4 SW 1/4, 1802 feet from the south and 2595 feet from the west section lines. DELTA COUNTY.

CASE NO. 06CW226. San Miguel County; Unnamed tributary to McKenzie Creek, Tributary to the San Miguel River, Water District No. 60. Richard W. Slawson, 2401 PGA Boulevard, Suite 140, Palm Beach Gardens, FL 33410. APPLICATION FOR WATER STORAGE RIGHTS. FIRST CLAIM: Name of Reservoir: Elk Pond. Legal description of location of dam: SW ¼, NW ¼, Section 26, Township 45 North, Range 11 West, N.M.P.M., a distance of 1,660 feet from the North Section line and 4,130 feet from the East Section line (Figure 1 included in application). If off-channel reservoir, name and capacity of ditches used to fill reservoir: not applicable. Source: run-off from an unnamed tributary to McKenzie Creek, tributary to the San Miguel River, and inflow from precipitation. Date of Appropriation: August 1, 1991. How appropriation was initiated: Construction of pond prior to August 1, 1991. Date water applied to beneficial use: August 1, 1991. Amount claimed: 24.0 acre-feet, absolute, with a right to fill and re-fill in priority. Use or proposed use: stock water, wildlife watering, piscatorial, recreation and irrigation. Irrigation will occur along portions of the perimeter of the pond in the SW ¼, NW ¼, Section 26, T. 45N., R. 11W., N.M.P.M. Surface area of high water line: 2.6 acres. Height and length of dam: pond is an excavated structure. Total capacity of reservoir: 24.0 acre-feet; 20.0 acre-feet dead storage, 4.0 acre-foot active capacity. SECOND CLAIM: Name of Reservoir: Flying Horse Pond. Legal description of location of dam: NE ¼, NW ¼, Section 26, Township 45 North, Range 11 West, N.M.P.M., a distance of 1,350 feet from the North Section line and 2,660 feet from the East Section line (Figure 1 included in application). If off-channel reservoir, name and capacity of ditches used to fill reservoir: not applicable. Source: run-off from an unnamed tributary to McKenzie Creek, tributary to the San Miguel River, and inflow from precipitation. Date of Appropriation: February 11, 2000. How appropriation was initiated: by obtaining Livestock Water Tank permit no. 17954 for pond. Date water applied to beneficial use: February 14, 2000. Amount claimed: 3.0 acre-feet, absolute, with a right to fill and re-fill in priority. Use or proposed use: stock water, wildlife propagation, piscatorial, recreation, filling several very small aesthetic pools and irrigation. Water will be pumped from the pond to supplement irrigation of up to 0.25 acre adjacent to the residence. Water is also diverted to initially fill several very small aesthetic pools located adjacent to the residence; once filled, the water in the aesthetic pools is re-circulated. The total surface area of the aesthetic pools is 0.009 acre. The irrigated acreage and the aesthetic pools are located in

1 the SW¼, NE¼ of Section 26, T. 45 N., R. 11 W., N.M.P.M. Surface area of high water line: 0.50 acre. Height and length of dam: less than 10 feet and 300 feet long. Total capacity of reservoir: 3.0 acre-feet; 2.0 acre-feet active capacity, 1.0 acre-foot dead storage. Name and address of owner of land on which ponds are located: Mr. Richard W. Slawson, 2401 PGA Boulevard, Suite 140, Palm Beach Gardens, FL 33410. Remarks or other pertinent information: Elk Pond and Flying Horse Pond are constructed near the head end of an unnamed tributary to McKenzie Creek, tributary to the San Miguel River. The relevant unnamed tributary to McKenzie Creek only carries water during the run-off period; this tributary drainage does not carry any surface flow after the spring run-off period in the reaches located both up-gradient and downgradient of the 2 ponds. As such, the ponds will store water in priority and no augmentation plan is contemplated for either pond. There is no outlet structure for either pond. Elk Pond was excavated into the Dakota Sandstone Formation to obtain material to crush for road base; this pond is shallow and does not intercept ground water. Flying Horse Pond was originally permitted as a Livestock Water Tank (permit no. 17954); a water right is now being filed for this pond as the water stored in Flying Horse Pond during the run-off will be used for supplemental irrigation as described above. Based on these data, the Applicant asserts that any potential water right call on Elk Pond or Flying Horse Pond is a futile call. SAN MIGUEL COUNTY.

CASE NO. 06CW227. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION: 1. Name, Address and telephone number of applicant: City of Montrose, P.O. Box 790, Montrose, CO, 81402-0790. Copies of all pleadings to: Russell D. Duree, Montrose City Attorney, PO Box 790, Montrose, Colorado 81402-0790, (970) 240-1440. 2. Water rights to be augmented: Val Verde Ditch, priority no. 22(restated as priority 28) and priority no. 70, (evaporative losses from exposed ground water in pumping ponds). The decreed source of water for the Val Verde Ditch is the Uncompahgre River. The decreed use is irrigation. The decreed point of diversion of the ditch is located in the NW1/4SE1/4 of Section 33, Township 49 North, Range 9 West of the N.M. P.M., which is approximately 1520 feet north of the south line and approximately 1360 feet west of the east line in Said Section 33. 3. Water rights to be used for augmentation. The City of Montrose has a long term contract with the Tri-County Water Conservancy District for 10,000 A- F annually from Ridgway Reservoir (Dallas Creek Project), of which 6,000 A-F is available for use as augmentation. Ridgway Reservoir was decreed a water storage right for 84,602 acre feet, with an appropriation date of November 16, 1956, by decree dated April 14, 1961, entered by the District Court in C.A. 2440. The source of water is Dallas Creek and the Uncompahgre River. The decreed uses are irrigation, stock, power, municipal, industrial, fish culture, recreation, flood control, and supplemental stream flows for fish culture and recreation purposes. The legal description for the center line of the crest of the Ridgway Reservoir Dam at the East abutment, as constructed and as corrected by the decree in Water Division 4, Case No. 94CW52, is located at a point whence the South quarter corner of Section 16, Township 46 North, Range 8 West, N.M.P.M. bears South 37 degrees 11 minutes 22.8 seconds East 2,680.38 feet; and the centerline of the crest of the Ridgway Reservoir Dam at the West abutment, as constructed, is located at a point whence the South quarter corner of said Section 16 bears South 69 degrees 52 minutes 37.2 seconds East 4,252.33 feet; and the center line of the Dam Between the East and West abutments bears South 74 degrees 10 minutes 42 seconds West 2,466.00 feet. 4. Statement of Plan for Augmentation. Applicant desires to replace evaporative losses that will be suffered by the Val Verde Ditch pumping pond during the period in which the ditch is not a priority and shut off, due to exposed ground water tributary to the Uncompahgre River. At such times the applicant will cause Ridgway Reservoir Water to be released to the Uncompahgre River. Applicant has calculated that the evaporation rate, adjusted for transit losses, will require a release from the reservoir during such periods of .00471 acre feet per day. Such releases shall be made at the discretion of the Divisions

2 Engineer and may be aggregated in the discretion of the Division Engineer. The surface area of the pumping pond, at the ground water maintenance level, is approx. 19,410 square feet. The water rights being augmented consist of 3 cfs of the Val Verde Ditch priority no. 22 restated as priority 28, and 5cfs of priority no. 70, with priority dates of February 20, 1883 and November 14, 1888, respectively. 5. Ownership Information. The Val Verde Ditch is on land owned by Applicant. The Ridgway Reservoir is operated by the Tri-County Water Conservancy District. 6. Applicant requests that the Court enter a decree approving the plan for augmentation described above. OURAY COUNTY AND MONTROSE COUNTY. CASE NO. 06CW228. COLORADO WATER CONSERVATION BOARD, IN SMITH FORK GUNNISON RIVER, A NATURAL STREAM, IN THE WATERSHED OF THE UPPER GUNNISON, IN GUNNISON AND DELTA COUNTIES, COLORADO. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. 1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. C/O Amy Stengel, Assistant Attorney General, 1525 Sherman St., 5th Floor, Denver, CO 80903. 2. Name of natural stream: Smith Fork Gunnison River. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the North and South Smith Forks at latitude 38° 43’ 31” N and longitude 107° 28’ 23” W as the upstream terminus and extending to Little Coal Creek at latitude 38° 43’ 43” N and longitude 107° 31’ 39” W as the downstream terminus, being a distance of approximately 3.9 miles. This segment can be located on the Crawford & Mount Guero U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = UTM 4289187N 285021E, NE NW S29 T15S R90W 6PM, 345 feet South of the North Section Line, 2397 feet East of the West Section Line. Lower Terminus = UTM 4289709N 280286E, SW SE S23 T15S R91W 6 PM, 2209 feet West of the East Section Line, 667 feet North of the South Section Line. 4. a. Date of initiation of appropriation: January 25, 2005. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2005. c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 5. Amount of water claimed (ABSOLUTE): Instream flow of 7.7 cfs (Mar. 1 – Mar. 31); 12.9 cfs (Apr. 1 – July 31); 7.7 cfs (Aug. 1-Nov. 14); and 6.5 cfs (Nov. 15 – Feb. 29). 6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102 (3) and (4) and 37-92-103 (3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on November 14, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. GUNNISON AND DELTA COUNTIES.

CASE NO. 06CW229. COLORADO WATER CONSERVATION BOARD, IN SOUTH FORK SMITH FORK GUNNISON RIVER, A NATURAL STREAM, IN THE WATERSHED OF THE UPPER GUNNISON, IN GUNNISON COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. 1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. C/O Amy Stengel, Assistant Attorney General, 1525 Sherman St., 5th Floor, Denver, CO 80903. 2. Name of natural stream: South Fork Smith Fork Gunnison River. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters of the South Fork Smith Fork at latitude 38° 40’ 16.9” N and longitude 107° 24’ 30” W as the

3 upstream terminus and extending to Saddle Mountain Ditch at latitude 38° 43’ 24” N and longitude 107° 28’ 1.2” W as the downstream terminus, being a distance of approximately 5.5 miles. This segment can be located on the Mount Guero U.S.G.S. quadrangle. b. For administrative purposes only: Upper Terminus = UTM 4283079.6N 289768.7E, NE S21 T51N 5W NM 6PM, 173 feet South of the North Section Line, 2204 feet West of the East Section Line. Lower Terminus = UTM 4288974.7N 285534.2E, NE S29 T15S R90W 6PM, 1023 feet South of the North Section Line,1175 feet West of the East Section Line. 4. a. Date of initiation of appropriation: January 25, 2005. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2005. c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 5. Amount of water claimed (ABSOLUTE): Instream flow of 4.1 cfs (Mar. 15 – Apr. 14); 6.4 cfs (Apr. 15 – July 31); 3 cfs (Aug. 1-Nov. 14); and 2.4 cfs (Nov. 15 – Mar. 14). 6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102 (3) and (4) and 37-92-103 (3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on November 14, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. GUNNISON COUNTY.

CASE NO. 06CW230. COLORADO WATER CONSERVATION BOARD, IN ANTHRACITE CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE NORTH FORK GUNNISON, IN GUNNISON COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. 1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. C/O Amy Stengel, Assistant Attorney General, 1525 Sherman St., 5th Floor, Denver, CO 80903. 2. Name of natural stream: Anthracite Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from Ruby Anthracite Creek at latitude 38° 57’ 15.6” N and longitude 107° 12’ 46.6” W as the upstream terminus and extending to Coal Creek at latitude 38° 55’ 37” N and longitude 107° 20’ 27” W as the downstream terminus, being a distance of approximately 8 miles. This segment can be located on the Marcellina Mountain and Paonia Reservoir U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = UTM 4314037N 308243E, NE SW S3 T13S R88W 6PM, 2100 feet East of the West Section Line, 2800 feet North of the South Section Line. Lower Terminus = UTM 4311270N 297081E, NW NE S16 T13S R89W 6 PM, 2100 feet West of the East Section Line, 750 feet South of the North Section Line. 4. a. Date of initiation of appropriation: January 25, 2005. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2005. c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 5. Amount of water claimed (ABSOLUTE): Instream flow of 54 cfs (Apr. 1 – July 14); 39 cfs (July 15 – Aug. 14); and 17 cfs (Aug. 15 – Mar. 31). 6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102 (3) and (4) and 37-92-103 (3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on November 14, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment

4 can exist without material injury to water rights. 7. TERMS AND CONDITIONS. Paragraph 7 contains the provisions of Paragraphs 2(a)-(3) of Stipulation entered into between the Applicant and Ragged Mountain Water Users Association (“RMWUA”) following a hearing before the Board at its November 2006 Meeting. The provisions of the Stipulation set forth below have been revised to reflect the current right being applied for on Anthracite Creek. No substantive changes to the language of the Stipulation have been made. A. The CWCB acknowledges that each of the conditional storage rights claimed in the application in Case No 06CW59 would be senior in priority to the ISF water rights applied for herein on Anthracite Creek if decreed with the claimed appropriation date. B. To the extent that the eventual development of the conditional water right claimed in Case No 06CW59 requires that the right be moved, in whole or in part, to a different location or locations within the Anthracite and Coal Creek basins than those claimed in Case No 06CW59, the CWCB agrees that the ISF water rights applied for herein on Anthracite Creek will not be used as a basis to oppose any future application for a change in point of diversion or change in place or places of storage of the water rights claimed in Case No 06CW59, provided that the total amount of water stored under any such change does not exceed 12,669 AF. In addition, RMWUA agrees, pursuant to ISF Rule 7, that should the Board determine that a future change in point of diversion or change in place or places of storage of the water rights claimed in Case No. 06CW59, may inundate the instream flows on Anthracite Creek Staff may file a Statement of Opposition to preserve its right to protect these instream flows. C. To the extent the water court denies the application in Case No. 06CW59 in whole or in part, the CWCB agrees that the ISF water rights applied for herein for Anthracite Creek will not be used as a basis to oppose any future application of the Fire Mountain Reservoir and Canal Company and RMWUA to replace the water rights claimed in Case No. 06CW59, provided that any such application is filed within 12 months following the dismissal by the water court in Case No. 06CW59, and provided that the amount of the storage claimed in the new application is the same or less than the amount of storage claimed in Case No. 06CW59. In addition, RMWUA agrees, pursuant to ISF Rule 7, that should the Board determine that a future change in point of diversion or change in place or places of storage of the water rights claimed in Case No. 06CW59, may inundate the instream flows on Anthracite Creek, Staff may file a Statement of Opposition to preserve its right to protect these instream flows. D. In Case No. 05CW236, the North Fork Water Conservancy District applied for an absolute right for the historic operation of the Ragged Mountain Exchange. This exchange was initiated by a formal agreement with the US Bureau of Reclamation, and was signed on June 1, 1963. The exchange reach runs from the lowest point at the outlet for the Paonia Reservoir upstream to the point of diversion for each individual ditch identified in the water court application in Case No. 05CW236. The purpose of the exchange is to allow diversion of 2000 AF of water stored in the Paonia Reservoir for the irrigation of approximately 2368 acres for individual uses of RMWUA. The CWCB agrees that this exchange has been operated since June 1, 1973. It further recognizes that the RMWUA, by agreement with the North Fork Water Conservancy District, may divert by exchange up to a cumulative maximum of 2000 AF under the exchange agreement so long as each individual ditch does not divert by exchange in excess of the amounts decreed in Case No. 05CW236. The CWCB agrees that the above described exchanges were in existence on the date the CWCB appropriated the instream flow water rights applied for herein. Additionally, the CWCB will not use the ISF water rights applied for herein on Anthracite Creek as a basis to oppose any future changes of use associated with the water rights identified in Case No. 05CW236. E. CWCB acknowledges that Snowshoe Dam and Reservoir, Case No C5873, is a 1969 conditional decree and may inundate the ISF right applied for herein on Anthracite Creek. CWCB agrees that ISF water rights applied for herein on Anthracite Creek will not be used as a basis for opposing the development of a reservoir proposed under Case No. 5873 or the exchange agreement between RMWUA and North Fork Water Conservancy referenced in paragraph 2(D) that would be developed between RMWUA

5 and the owners of the Snowshoe Reservoir. 3) Pursuant to section 37-92-102(3)(b), C.R.S. (2005), the CWCB acknowledges and agrees that the instream flow water right applied for herein is subject to the exchange, as described in paragraph 2(D) above, existing at the time the CWCB made its appropriation. Further, the CWCB agrees that it will not use the ISF water rights applied for herein on Anthracite Creek as a basis to oppose any future application for an exchange of water rights from the reservoirs identified in Case No. 06CW59 so long as the exchange is operated in the same timing and amounts and up to the same diversion points as those identified in paragraph 2 above. GUNNISON COUNTY.

CASE NO. 06CW231. COLORADO WATER CONSERVATION BOARD, IN COAL CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE NORTH FORK GUNNISON, IN GUNNISON COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. 1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. C/O Amy Stengel, Assistant Attorney General, 1525 Sherman St., 5th Floor, Denver, CO 80903. 2. Name of natural stream: Coal Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the Little Gunnison Creek at latitude 38° 51’ 47” N and longitude 107° 19’ 41” W as the upstream terminus and extending to Anthracite Creek at latitude 38° 55’ 37” N and longitude 107° 20’ 27” W as the downstream terminus, being a distance of approximately 4.8 miles. This segment can be located on the Paonia Reservoir and West Beckwith Peak U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = UTM 4304166N 298015E, NE SW S3 T14S R89W 6 PM, 1570 feet East of the West Section Line, 2450 feet North of the South Section Line. Lower Terminus = UTM 4311270N 297081E, NW NE S16 T13S R89W 6 PM, 2100 feet West of the East Section Line, 750 feet South of the North Section Line. 4. a. Date of initiation of appropriation: January 25, 2005. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2005. c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 5. Amount of water claimed (ABSOLUTE): Instream flow of 21 cfs (Feb. 15 – Mar. 31); 39 cfs (Apr. 1 – July 14); 21 cfs (July 15-Nov. 14); and 18 cfs (Nov. 15 – Feb. 14). 6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102 (3) and (4) and 37-92-103 (3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on November 14, 2006, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. 7. TERMS AND CONDITIONS Paragraph 7 contains the provisions of Paragraphs 2(a)-(3) of Stipulation entered into between the Applicant and Ragged Mountain Water Users Association (“RMWUA”) following a hearing before the Board at its November 2006 Meeting. The provisions of the Stipulation set forth below have been revised to reflect the current right being applied for on Coal Creek. No substantive changes to the language of the Stipulation have been made. A. The CWCB acknowledges that each of the conditional storage rights claimed in the application in Case No 06CW59 would be senior in priority to the ISF water rights applied for herein on Coal Creek if decreed with the claimed appropriation date. B. To the extent that the eventual development of the conditional water right claimed in Case No 06CW59 requires that the right be moved, in whole or in part, to a different location or locations within the Anthracite and Coal Creek basins than those claimed in Case No 06CW59, the CWCB agrees that the ISF water rights applied for herein on Coal Creek will not be used as a basis to oppose any future application for a change

6 in point of diversion or change in place or places of storage of the water rights claimed in Case No 06CW59, provided that the total amount of water stored under any such change does not exceed 12,669 AF. In addition, RMWUA agrees, pursuant to ISF Rule 7, that should the Board determine that a future change in point of diversion or change in place or places of storage of the water rights claimed in Case No. 06CW59, may inundate the instream flows on Coal Creek, Staff may file a Statement of Opposition to preserve its right to protect these instream flows. C. To the extent the water court denies the application in Case No. 06CW59 in whole or in part, the CWCB agrees that the ISF water rights applied for herein on Coal Creek will not be used as a basis to oppose any future application of the Fire Mountain Reservoir and Canal Company and RMWUA to replace the water rights claimed in Case No. 06CW59, provided that any such application is filed within 12 months following the dismissal by the water court in Case No. 06CW59, and provided that the amount of the storage claimed in the new application is the same or less than the amount of storage claimed in Case No. 06CW59. In addition, RMWUA agrees, pursuant to ISF Rule 7, that should the Board determine that a future change in point of diversion or change in place or places of storage of the water rights claimed in Case No. 06CW59, may inundate the instream flows on Coal Creek, Staff may file a Statement of Opposition to preserve its right to protect these instream flows. D. In Case No. 05CW236, the North Fork Water Conservancy District applied for an absolute right for the historic operation of the Ragged Mountain Exchange. This exchange was initiated by a formal agreement with the US Bureau of Reclamation, and was signed on June 1, 1963. The exchange reach runs from the lowest point at the outlet for the Paonia Reservoir upstream to the point of diversion for each individual ditch identified in the water court application in Case No. 05CW236. The purpose of the exchange is to allow diversion of 2000 AF of water stored in the Paonia Reservoir for the irrigation of approximately 2368 acres for individual uses of RMWUA. The CWCB agrees that this exchange has been operated since June 1, 1973. It further recognizes that the RMWUA, by agreement with the North Fork Water Conservancy District, may divert by exchange up to a cumulative maximum of 2000 AF under the exchange agreement so long as each individual ditch does not divert by exchange in excess of the amounts decreed in Case No. 05CW236. The CWCB agrees that the above described exchanges were in existence on the date the CWCB appropriated the instream flow water rights applied for herein. Additionally, the CWCB will not use the ISF water rights applied for herein on Coal Creek as a basis to oppose any future changes of use associated with the water rights identified in Case No. 05CW236. E. CWCB acknowledges that Snowshoe Dam and Reservoir, Case No C5873, is a 1969 conditional decree and may inundate the ISF rights applied for herein on Coal Creek. CWCB agrees that ISF water rights applied for herein on Coal Creek will not be used as a basis for opposing the development of a reservoir proposed under Case No. 5873 or the exchange agreement between RMWUA and North Fork Water Conservancy referenced in paragraph 2(D) that would be developed between RMWUA and the owners of the Snowshoe Reservoir. 3) Pursuant to section 37-92-102(3)(b), C.R.S. (2005), the CWCB acknowledges and agrees that the instream flow water right applied for herein is subject to the exchange, as described in paragraph 2(D) above, existing at the time the CWCB made its appropriation. Further, the CWCB agrees that it will not use the ISF water rights applied for herein on Coal Creek as a basis to oppose any future application for an exchange of water rights from the reservoirs identified in Case No. 06CW59 so long as the exchange is operated in the same timing and amounts and up to the same diversion points as those identified in paragraph 2 above. GUNNISON COUNTY.

CASE NO. 06CW232. Applicant: Anthony M. Stroh and Randi Stroh, c/o Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor - P.O. Box 179, Gunnison, Colorado 81230, (970) 641-3326;Type of Application: Application for Finding of Reasonable Diligence; Name of Structure: R&T Pipeline; Location: 1480 feet west of the east section line and 2060 feet north

7 of the south section line, NE1/4NW1/4SE1/4, Section 1, Township 13 South, Range 87 West, 6th P.M.; Drainage Basin: East and Gunnison Rivers; Quantity: 0.05 c.f.s.; Appropriation date: June 13, 2006; Use: Domestic use in one single family dwelling, lawn and garden irrigation, stockwater, wildlife and fire protection; Type of Structures: Pipeline. The Application contains detailed information on the activities by Applicants to complete the appropriation in a reasonable manner. GUNNISON COUNTY.

CASE NO. 06CW233. Gunnison County – Quartz Creek and Gunnison River. Applicant: Quartz Creek Property Owners Association, a Colorado nonprofit corporation, P.O. Box 39, Pitkin, CO 81241, with copies of all correspondence to Bradley N. Switzer, P.O. Box 816, Montrose, CO 81402. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Description of Conditional Water Rights: Porphyry No. 2 Spring Pipeline. Location: A point on the Porphyry No. 2 Load Mining Claim, U.S.M.S. No. 15180, which is in the NW1/4 SW1/4 Section 4, Township 50 North, Range 4 East of the N.M.P.M., at a point whence corner No. 2 of the Porphyry No. 2 Load Mining Claim bears S 11° E, 98.0 feet, and whence the southwest corner of Section 4 bears S 16° W, 1,840.0 feet. Source: Surface water tributary to Quartz Creek, tributary to the Gunnison River, tributary to the Colorado River. Quantity: 0.017 c.f.s. Type of use: Domestic, recreation and stockwatering. Appropriation date: May 18, 1977. Description 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 Application in this matter contains a detailed description of work undertaken by the Applicant and the expenditures associated therewith. Remarks: The water right described in the Application is part of the Applicant’s integrated water supply system for delivery of water for beneficial use by the Applicant and individual lot owners who are members of the Quartz Creek Property Owners Association. GUNNISON COUNTY.

CASE NO. 06CW234. Applicant: Michael and Kathryn Ward, 38905 Back River Road, Paonia, CO 81428. Application for Surface Water Rights: All structures located in the SE 1/4 of the SE 1/4 of Section 11, T14N, R92W, 6th PM. Kathy’s Spring – 454 feet from the south and 1732 feet from the east section lines; Xander’s Spring – 660 feet from the south and 2228 feet from the east section lines; Damian’s Spring – 512 feet from the south and 2417 feet from the east section lines. Source: North Fork of the Gunnison River. Appropriation Date: 12/19/06. Amount Claimed: .060 cfs conditional for domestic, stockwater, wildlife, fisheries and irrigation. DELTA COUNTY.

CASE NO. 06CW235. Applicant: Steve Eisenach, 3260 S 15 3/4 Road, Glade Park, CO 81523. Application to Make Absolute: All structures located in Section 35 T12S, R102W, 6th PM. Eastside Pond – NW 1/4 SE 1/4 NE 1/4, 800 feet west of the east section line and 1550 feet south of the north section line; Westside Pond – NW 1/4 SW 1/4 NE 1/4, 2400 feet west of the east section line and 1600 feet south of the north section line. Source: waste water tributary to the Little Dolores River. Appropriation Date: 5/26/00. Amount Claimed: 1.5 acre feet for stockwater and fire protection. MESA COUNTY.

CASE NO. 06CW236. Fran Jessup c/o Jenna Heermann, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Ct., Ste. 300, Grand Junction, CO 81506; APPLICATION FOR WATER RIGHTS OF FRAN JESSUP IN HAPPY HOLLOW CREEK, TRIBUTARY TO THE GUNNISON RIVER, DELTA COUNTY, COLORADO; I. Application for Underground Water Right 1. Name and legal description of structure: Cedaredge Homefront Well No. 1, well permit no. 267681 located in the NW/4 NW/4 NE/4 of Section 19, T13S, R94W, 6th P.M., 535 feet from the

8 north section line and 2221 feet from the east section line. 2. Source: groundwater tributary to Happy Hollow Creek, tributary to the Gunnison River at depth of 154 feet. 3. Date and method of appropriation: March 31, 2006 by obtaining well permit and constructing well. 4. Amount Claimed: 15 gpm, conditional; cumulatively, with Cedaredge Homefront Well No. 2, not to exceed 5.124 acre-feet annually. 5. Use: domestic including lawn irrigation, stock, and fire suppression by Applicant; cumulatively, with Cedaredge Homefront Well No. 2, lawn irrigation of 0.275 acres in the NW/4, NE/4, Section 19, T13S, R94W, 6th P.M; cumulatively with Cedaredge Homefront Well No. 2, stock watering of horses in the ratio of two horses per lot (total of ten lots) and domestic purposes in seven homes and three homes with barns. II. Application for Underground Water Right 1. Name and legal description of structure: Cedaredge Homefront Well No. 2, well permit no. 271423 located in the NW/4 NE/4 of Section 19, T13S, R94W, 6th P.M., 425 feet from the north section line and 1875 feet from the east section line. 2. Source: groundwater tributary to Happy Hollow Creek, tributary to the Gunnison River at depth of 150 feet. 3. Date and method of appropriation: November 8, 2006 by obtaining well permit and constructing well 4. Amount Claimed: 15 gpm, conditional; cumulatively, with Cedaredge Homefront Well No. 1, not to exceed 5.124 acre-feet annually. 5. Use: domestic including lawn irrigation, stock, and fire suppression by Applicant; cumulatively, with Cedaredge Homefront Well No. 1, lawn irrigation of 0.275 acres in the NW/4, NE/4, Section 19, T13S, R94W, 6th P.M; cumulatively with Cedaredge Homefront Well No. 1, stock watering of horses in the ratio of two horses per lot (total of ten lots) and domestic purposes in seven homes and three homes with barns. III. Application for Approval of Plan for Augmentation 1. Names of structures to be augmented: Cedaredge Homefront Well No. 1 and Cedaredge Homefront Well No. 2. There are no other water rights diverted from these structures. 2. Previous decrees for water rights to be used for augmentation: All non-irrigation season depletions will be offset by releases from Blue Mesa Reservoir (Wayne N. Aspinall unit of the Colorado River Storage Project) which was decreed 939,204 acre feet in C.A. Nos. 5590 and 6981, Gunnison County District Court, with a November 11, 1957 appropriation date. An additional 124,253 acre-feet, with the same appropriation date, was transferred to the reservoir in C.A. No. 10045, making the total amount decreed to Blue Mesa Reservoir 1,063,457 acre feet. During the irrigation season, augmentation needs will be met by a water service contract with the Grand Mesa Water Conservancy District which has the discretion to make releases under the contract from any one of several reservoirs, the details of the decrees for each of those reservoirs can be obtained by contacting the Grand Mesa Conservancy District, P.O. Box 129, Cedaredge, CO 81413, (970) 856-6557. 3. Statement of Plan for Augmentation: This augmentation plan replaces out-of- priority depletions to Happy Hollow Creek, over-appropriated during the irrigation season of April through October, and the Gunnison River, over-appropriated year-round. Cedaredge Homefront Well No. 1 and Cedaredge Homefront Well No. 2 are located in the Childs Run drainage, tributary to the Happy Hollow Creek, tributary to the Gunnison River. 4. Consumptive Uses: a) Domestic uses: The demand for each residence will be 100 gallons per day per person for a three and one-half person household. The in-house demand for each home will average .032 acre-feet per month and total 0.389 acre-feet per year. The three 5.0 acre lots will also have a barn with an office area that will contain a “three-quarter” bath. The office in the barn will use 50 gallons per day with an average monthly demand of 0.005 acre-feet. Demand for the home with the “three-quarter” bath in the barn will be 0.448 acre-feet per year. The total domestic demand for the forty acre, 10-lot subdivision will be 4.087 acre-feet per year. Wastewater in the subdivision will be treated by individual septic disposal systems. In-house depletions for both the office and the home are 10% of demand and will average 0.003 acre-feet per month and total 0.036 acre-feet per year for each lot. Depletions of homes with barns will average 0.004 acre-feet per month and total 0.047 acre-feet per year. The total domestic water depletion for the subdivision will average 0.034 acre feet per month with an annual depletion of 0.412 acre feet. b) Lawn Irrigation: Each lot will be allowed to irrigate 1200 square feet of lawn from the

9 domestic water supply. The total lawn irrigation for all 10 lots will be 0.275 acres. Irrigation water demand for the subdivision will be 0.785 acre-feet per irrigation season with an 85% irrigation efficiency. The total water consumption for lawn watering will be 0.667 acre-feet per irrigation season. c) Stock: Covenants for the subdivision allow two head of horses per lot. Water consumption for each horse will be 11 gallons per day, 100% consumption. The monthly water consumption for 20 horses will be 0.021 acre-feet per month totaling 0.252 acre-feet per year. 5. Operation of Plan for Augmentation: Applicant will augment out-of-priority depletions during the non-irrigation season through a contract for releases from the Blue Mesa Reservoir by a water service contract with the Bureau of Reclamation in the amount of 1.0 acre-foot. Out of priority depletions for the non-irrigation months total 0.360 acre-feet plus a transit loss of 0.034 acre-feet. Irrigation season depletions will be offset with a water service contract with the Grand Mesa Conservancy District in the amount of 1.25 acre-feet. Out of priority depletions for the month of April through October total 0.970 acre-feet plus a transit loss of 0.069 acre-feet. Releases will be made from any of the Grand Mesa Water Conservancy District’s reservoirs. (7 Pages) DELTA COUNTY.

CASE NO. 06CW237. Applicant: Robert Bargsten, 7105 Peach Valley Road, Delta, CO 81416. Application for Surface Water Rights: Steels Surface Run-Off – SE 1/4 SW 1/4 of Section 7, T15S, R94W, 6th PM, 1000 feet from the south and 1980 feet from the west section lines. Source: run-off from south and west from the Gunnison River. Appropriation Date: 12/22/06. Amount Claimed: 0.5 cfs absolute for irrigation, paddle wheel to produce electricity and pond. DELTA COUNTY.

CASE NO. 06CW238. Application for Surface Water Right, Storage Water Right, and for Approval of Plan for Augmentation: The Kittler Living Trust (“Applicant”) c/o W. Herbert McHarg, Esq., Scott T. Erickson, P.C., P.O. Box 4074, 145 W. Pacific Ave., Telluride, CO 81435 (970) 728-6180; fax (970) 369-0664. First Claim – Application for Surface Water Rights: Name of Structures: a. Point of Diversion #1, located in the NE1/4NW1/4 of Section 28, T42N, R9W, N.M.P.M., at a point which is 1150 feet from the North section line and 2090 feet from the West of the section line of said Section 28; b. Point of Diversion #2W, located in the NE1/4NW1/4 of Section 28, T42N, R9W, N.M.P.M., at a point which is 1180 feet from the North section line and 2525 feet from the West section line of said Section 28; c. Point of Diversion #3E, located in the NE1/4NW1/4 of Section 28, T42N, R9W, N.M.P.M., at a point which is 1230 feet from the North section line and 2605 feet from the West section line of said Section 28; d. Point of Diversion Spring, located in the NW1/4NE1/4 of Section 28, T42N, R9W, N.M.P.M., at a point which is 950 feet from the North section line and 2900 feet from the West section line of said Section 28. Amount: 1 c.f.s. conditional; direct flow and storage of 10 acre feet. Source: Springs and direct flow from the East Branch of Kittler Creek and the West Branch of Kittler Creek, both tributary to Gold Creek, tributary to South Fork of the San Miguel River, tributary to the San Miguel River. Appropriation date: July, 2006. How Approp. was Initiated: Survey and marking for ponds, dams and collection system locations by WestWater Associates, Inc.; preparation and filing of the Water Rights Application. Date Water Applied to Beneficial Use: N/A. Proposed Uses: Fish habitat and rearing, livestock, recreation, wildlife, aesthetics, fire protection, domestic (drinking, sanitary and household uses) and domestic lawn and garden watering, and augmentation. If Irrigation, Total Land Area Proposed to be Irrigated: 1.0 acre lawns and gardens appurtenant to primary/secondary residences located on the approximately 70 acres of land known as the Morning Star Ranch situated in the north half of Section 28, T42N, R9W, N.M.P.M., San Miguel County, Colorado. Owner of Land Upon Which Structures Located: Applicant. Second Claim – Application for Water Storage Rights: Name of Structures: a. Pond #1, located in the NE1/4NW1/4 of Section 28, T42N, R9W, N.M.P.M., at a point which is 225 feet from the North section line and 2175 feet from the West section line of

10 said Section 28; b. Pond #2, located in the NE1/4NW1/4 of Section 28, T42N, R9W, N.M.P.M., at a point which is 535 feet from the North section line and 2075 feet from the West section line of said Section 28; c. Augmentation Pond, located in the NE1/4NW1/4 of Section 28, T42N, R9W, N.M.P.M., at a point which is 1260 feet from the North section line and 2090 feet from the West section line of said Section 28. Amount Claimed: Total 10 a.f. conditional, with right to fill and refill in priority and periods of no call (Pond #1, 2.5; Pond #2, 2.5; Augmentation Pond, 5.0). Surface Area of High Water Line: Pond #1, 0.5 acre; Pond #2, 0.5 acre; Augmentation Pond, 1.0 acre. Maximum Height of Ponds: 9 feet. Total Capacity: 10 a.f. Active capacity: 3.0 a.f. Dead Storage: 7.0 a.f. Rate of Diversion for Filling: 1.0 c.f.s. conditional. Source: Springs and direct flow from the East Branch of Kittler Creek and the West Branch of Kittler Creek, both tributary to Gold Creek, tributary to South Fork of the San Miguel River, tributary to the San Miguel River. Appropriation Date: July, 2006. How Approp. was Initiated: Engineering analysis, survey and marking of all pond areas, evaluation of storage potential and preparation of engineering calculations by WestWater Associates, Inc., and filing this Water Rights Application. Date Water Applied to Beneficial Use: N/A. Proposed Uses: Fish habitat and rearing, livestock, recreation, wildlife, aesthetics, fire protection, domestic (drinking, sanitary and household uses) and domestic lawn and garden watering, and augmentation. If Irrigation, Total Land Area Proposed to be Irrigated: 1.0 acre lawns and gardens appurtenant to primary/secondary residences located on the approximately 70 acres of land known as the Morning Star Ranch situated in the north half of Section 28, T42N, R9W, N.M.P.M., San Miguel County, Colorado (see legal description of Applicant’s property attached as Exhibit A to the application). Owner of Land Upon Which Structures Located: Applicant. Third Claim – Application for Approval of Plan for Augmentation: Names of Structures to be Augmented: Pond #1, Pond #2, Augmentation Pond (as described above); domestic use in two (2) residences (including any domestic irrigation of lawn and garden). There are no known water rights diverted from these structures. Statement of Plan for Augmentation: Water stored in Pond #1, Pond #2 and the Augmentation Pond will be held for future release for augmentation purposes during periods when the surface water described above is out of priority. In addition, in order to maintain a full augmentation supply, Applicant will periodically store water in the Augmentation Pond as necessary to offset evaporative losses from the surface of Pond #1, Pond #2 and the Augmentation Pond, and for domestic consumptive use, and may do so during periods of call. This plan for augmentation will also replace out of priority storage resulting from that practice. This plan for augmentation is intended to provide a full year of augmentation if necessary. Assuming Applicant will build both a primary and secondary residence, and that each residence will use 400 gallons per day for 200 days each year with such use being 15% consumptive, residential use will equal 0.075 acre feet. Irrigation of one acre of lawns and gardens surrounding such residences would equal 1.50 acre feet. Further, evaporation from the 2 acre surface of the ponds at 1.25 acre feet per acre during relevant times of the year equals 2.50 acre feet. Considering the total net precipitation of 1.35 acre feet per acre, the total net consumptive use is 1.375 acre feet. Operation of Plan: Applicant will store water diverted in priority in Pond #1, Pond #2 and the Augmentation Pond. The capacity of the ponds and the amount of water stored in the ponds will be sufficient to account for the augmentation needs described above. Measuring and control structures will be installed on each of the three ponds so that accurate measurement of releases and decreases in elevation can be made. The Water Commissioner, or the Applicant at the Water Commissioner’s direction, will make releases from the Augmentation Pond when and in the quantities necessary to offset (i) out of priority use of the surface water described above; and (ii) out of priority storage made to offset evaporative depletions from Pond #1, Pond #2 and the Augmentation Pond, and domestic consumptive uses. Augmentation releases from the Augmentation Pond will be into Kittler Creek tributary to Gold Creek (see map attached as Exhibit B to the application). Owner of Land Upon Which Augmentation Structures Located: Applicant. SAN MIGUEL COUNTY

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CASE NO. 06CW239. Applicant: Edward D. Herrick Jr, P.O. Box 176; Telluride, CO 81435, with copy to Robert J. Thomas, Attorney, P.O. Box 387; Montrose, CO 81402. Application to Make Absolute, or, alternatively, For Finding of Diligence: Shoemaker Ditch (Second Enlargement), headgate of which is located in the SE1/4 of the NE ¼ of Section 4, Township 15 South, Range 94 West, 6th Principal Meridian, Delta County, at a point lying 1100 Feet south of north section line and on the E section line of said section 4. Source: tributary to the Gunnison River. Appropriation Date: October 28, 1999. Adjudication date of conditional water right: June 15, 2000 in Case No. 99 CW 188, Montrose County District/Water Court. Amount claimed: 1.0 cfs, for irrigation of 35 acres. DELTA COUNTY

CASE NO. 06CW240. Montrose County, Big Cimarron River; Gunnison County, Little Cimarron River. Both within Water District 62. 1. Applicant: R & G Butte Rock Ranch, LLC, c/o Mathis & Associates, P.C., Box 1487, Montrose, CO 81402, 970-249-2546. 2. Attorney: Mathis & Associates, P.C., P.O. Box 1487, Montrose, CO 81402, (970) 249-2546. 3. Type of application: Combined Application for Change of Water Right. I. McMinn Ditch. 4. Name of structure: McMinn Ditch, Priority 34, Water District 62, as decreed on March 28, 1904, in case number CA 1319, Montrose County District Court. 5. Location: the decreed point of diversion of the McMinn Ditch is: The point from which the SW corner of Section 33, T. 48 N., R 6 W., NMPM bears South 70 degrees East 726 feet. (Taken from 1883 Ditch Location Statement as filed with the State Engineer. The 1904 decree is not specific, and an application to correct said location is pending in Case No. 05 CW 50.) 6. Drainage basin: Big Cimarron River, a tributary of the Gunnison River. 7. Quantity: The McMinn Ditch was decreed 5.21 c.f.s., with an appropriation date of March 31, 1883. 8. Type of use: The McMinn Ditch was decreed for irrigation purposes. Applicant seeks a change of water right in order to divert winter stock water in an amount not to exceed 0.27 c.f.s. as a beneficial use during the non-irrigation season. 9. Type of structures: The existing intake works, headgate and Parshall flume shall be used in conjunction with the requested non-irrigation season stock water right. II. Butte and Butte Extension Ditch. 10. Name of structure: Butte and Butte Extension Ditch, Priority 148, Water District 62, as decreed on July 11, 1925, in case number CA 3516, Gunnison District Court. 11. Location: the decreed point of diversion of the Butte and Butte Extension Ditch is located on the west bank of the Little Cimarron River: Within the NE 1/4 NE 1/4 NW 1/4, Section 13, T. 47 N., R 6 W, NMPM, 520 feet from the north section line and 2,260 feet from the west section line. [Said location by UTM coordinates lies within Zone 13, easting 283469, northing 4246191 (NAD83 CONUS).] 12. Drainage basin: Little Cimarron River, a tributary of the Gunnison River. 13. Quantity: The Butte and Butte Extension Ditch was decreed 19.17 c.f.s., with an appropriation date of May 11, 1906. 14. Type of use: The Butte and Butte Extension Ditch were decreed for irrigation purposes. Applicant seeks a change of water right in order to divert winter stock water in an amount not to exceed 1.7 c.f.s. as a beneficial use during the non- irrigation season. 15. Type of structures: The existing intake works, headgate and Parshall flume shall be used in conjunction with the requested non-irrigation season stock water right. 16. Additional information: See application for further details of both change requests and for maps of affected property. GUNNISON AND MONTROSE COUNTIES.

CASE NO. 06CW241. Grand Mesa Water Users Association, c/o John R. Pierce, Dufford Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, Colorado 81506; Application for Appropriative Right of Exchange; Name, Address, and Telephone Number of Applicant: Grand Mesa Water Users Association P.O. Box 399 Cedaredge, CO 81413; Description of Exchanges: Since 1887, water has been delivered to many of the shareholders in the Grand Mesa Water Users Association (“GMWUA” or ”Water Users”) through the informal exchange of releases from the various reservoirs owned by

12 GMWUA members. Those informal exchanges were authorized under Colorado law and have been administered by the Division Engineer for Water Division No. 4. Through this Application, the Water Users merely seek a decree recognizing that past practice. The Surface Creek Reservoir Exchange and Orchard City Pipeline Exchange sought by this application are integrally related to the Surface Creek Ditch Exchange decreed in Case No. 06CW96. REQUEST FOR APPROPRIATIVE RIGHT OF EXCHANGE (Surface Creek Reservoir Exchange) Name of Exchange: Surface Creek Reservoir Exchange; Location of Reservoirs in Exchange: Releases have been made from the following reservoirs as part of the Surface Creek Reservoir Exchange:

Reservoir Name 1/4 1/4 Sec Township Distance from Section Lines and Range

Alexander Lake NE/4 2 12S 95W 1292 feet East of the West Section line and Reservoir SE/4 2314 feet South of the North Section line

Arch Slough NW/4 2 12S 95W 1330 feet East of the West Section line and NE/4 1461 feet North of the South Section line

Barren Lake SW/4 6 12S 94W 16 feet East of the West Section line and 2806 Reservoir NW/4 South of the North Section line

Basin #1 SW/4 17 12S 95W 4 feet West of the East Section line and 961 SW/4 feet South of the North Section line

Basin #2 NE/4 19 12S 95W 950 feet East of the West Section line and 266 NW/4 feet North of the South Section line

Battlement 1 NE/4 19 12S 95W 2102 West of the East Section line and 2011 SW/4 South of the North Section line

Battlement 2 NW/4 19 12S 95W 2160 feet East of the West Section line and SE/4 2483 South of the North Section line

Bonita Reservoir NE/4 36 11S 94W 2570 feet West of the East Section line and SW/4 2464 feet South of the North Section line

Boulder Lake No. SW/4 15 12S 95W 192 feet West of the East Section line and 330 1 Reservoir SW/4 feet South of the North Section line

Boyd Lake SE/4 12 12S 95W 2039 feet West of the East Section line and Reservoir SW/4 1322 feet South of the North Section line

Bullfinch SW/4 32 11S 94W 1169 feet West of the East Section line and Reservoir No. 1 NW/4 1016 feet North of the South Section line

Bullfinch SW/4 29 11S 94W 2278 feet East of the West Section line and Reservoir No. 2 SE/4 295 feet South of the North Section line

Cabin Lake NE/4 3 12S 94W 2121 feet West of the East Section line and Reservoir SW/4 2574 feet South of the North Section line

Calumet SW/4 32 11S 93W 391 feet West of the East Section line and 329 Reservoir SW/4 feet South of the North Section line

Carbonate Camp SE/4 2024 feet West of the East Section line and

13 No. 6 Reservoir SW/4 4 12S 94W 617 feet South of the North Section line

Carbonate Camp SE/4 4 12S 94W 1285 East of the West Section line and 188 No. 7 Reservoir SE/4 feet South of the North Section line

Carbonate Camp NE/4 27 12S 94W 1598 feet West of the East Section line and Reservoir No. 3 NW/4 761 feet North of the South Section line

Cedar Mesa SE/4 36 11S 94W 2880 feet West of the East Section line and Reservoir SW/4 1288 feet South of the North Section line

Cole Reservoir SW/4 31 11S 93W 1542 feet East of the West Section line and No. 1 NE/4 1341 feet North of the South Section line

Cole Reservoir NW/4 32 11S 93W 582 feet West of the East Section line and No. 2 SW/4 2326 feet South of the North Section line

Cole Reservoir SE/4 31 11S 93W 1194 feet East of the West Section line and No. 3 SE/4 236 feet South of the North Section line

Cole Reservoir SE/4 12 12S 94W 2214 feet West of the East Section line and No. 4 SW/4 744 feet South of the North Section line

Cole Reservoir SE/4 13 12S 94W 2323 feet West of the East Section line and No. 5 SW/4 287 feet South of the North Section line

Daniel Slough SW/4 6 12S 94W 1524 feet West of the East Section line and Reservoir SW/4 574 feet South of the North Section line

Deep Slough NW/4 10 12S 95W 1445 feet East of the West Section line and Reservoir NE/4 1305 feet North of the South Section line

Deep Ward Lake SW/4 2 12S 95W 645 feet West of the East Section line and 967 Reservoir SW/4 feet South of the North Section line

Deserted Park NE/4 2 12S 94W 2390 feet West of the East Section line and Reservoir NW/4 233 North of the South Section line

Donnelly Slough SW/4S 6 12S 94W 2128 feet West of the East Section line and Reservoir W/4 772 feet South of the North Section line

Doughty SW/4 32 11S 93W 887 feet West of the East Section line and 673 Reservoir No. 1 SW/4 feet South of the North Section line

Doughty NE/4 6 12S 93W 672 feet East of the West Section line and 850 Reservoir No. 2 NE/4 feet North of the South Section line

Dreyfus SW/4 11 12S 94W 2134 feet East of the West Section line and Reservoir SE/4 1131 feet South of the North Section line

Eggleston Lake SW/4 6 12S 94W 732 feet West of the East Section line and Reservoir NW/4 2921 feet South of the North Section line

Elk Park NW/4 3 12S 94W 1270 feet West of the East Section line and Reservoir NW/4 879 feet North of the South Section line

Eureka Reservoir NW/4 9 12S 94W 1948 feet East of the West Section line and No. 1 SE/4 1535 feet South of the North Section line

14 Eureka Reservoir NE/4 9 12S 94W 1055 feet East of the West Section line and No. 2 SE/4 2180 feet South of the North Section line

Fish Lake SW/4 3 12S 94W 1308 feet West of the East Section line and Reservoir NW/4 2714 feet North of the South Section line

Forrest SW/4 11 12S 95W 649 feet West of the East Section line and Reservoir NW/4 2433 feet North of the South Section line

Goodenough SE/4 6 12S 94W 1277 feet East of the West Section line and Reservoir SE/4 789 feet South of the North Section line

*Granby NW/4 16 12S 95W 2493 feet East of the West Section line and Reservoir No. 1 SE/4 2552 feet South of the North Section line

*Granby SE/4 20 12S 95W 2143 feet West of the East Section line and Reservoir No. 10 NW/4 1391 feet North of the South Section line

*Granby Res. No. SE/4 20 12S 95W 2089 feet West of the East Section line and 5-11 NW/4 1445 feet North of the South Section line

*Granby SE/4 16 12S 95W 1748 feet West of the East Section line and Reservoir No. 2 SW/4 1081 feet South of the North Section line

*Granby SW/4 16 12S 95W 874 feet West of the East Section line and Reservoir No. 3 SW/4 1039 feet South of the North Section line

Granby NW/4 20 12S 95W 1012 feet West of the East Section line and Reservoir No. 6 SW/4 2552 feet South of the North Section line

Granby NE/4 19 12S 95W 300 feet East of the West Section line and Reservoir No. 7 SE/4 1559 feet South of the North Section line

Granby NE/4 20 12S 95W 687 feet East of the West Section line and 982 Reservoir No. 8 NE/4 feet North of the South Section line

Granby SW/4 20 12S 95W 2521 feet East of the West Section line and Reservoir No. 9 NE/4 2333 feet North of the South Section line

Granby SW/4 20 12S 95W 737 feet West of the East Section line and Reservoir No. 12 NW/4 1693 feet North of the South Section line

Greenback SE/4 5 12S 93W 2083 feet West of the East Section line and Grave Reservoir SW/4 1142 feet South of the North Section line

Greenwood NW/4 33 11S94W 334 feet West of the East Section line and Reservoir SW/4 2302 feet South of the North Section line

Hale Reservoir SE/4 4 12S 93W 2236 feet West of the East Section line and NW/4 1914 feet North of the South Section line

Hotel Lake NW/4 1 12S 95W 1009 feet West of the East Section line and Reservoir NW/4 1596 feet North of the South Section line

Howard NE/4 12 12S 95W 848 feet East of the West Section line and Reservoir SE/4 1487 feet South of the North Section line

Island Lake SW/4 3 12S 95W 1202 feet West of the East Section line and Reservoir SW/4 743 feet South of the North Section line

15

Kehmeier NW/4 31 11S 93W 635 feet West of the East Section line and 552 Reservoir NW/4 feet North of the South Section line

Kennicott SE/4 12 12S 95W 1250 feet East of the West Section line and Slough NE/4 1515 feet North of the South Section line Reservoir

Kiser Slough NW/4 7 12S 94W 591 feet West of the East Section line and Reservoir SW/4 2353 feet South of the North Section line

Knox Reservoir SW/4 3 12S 94W 1552 feet East of the West Section line and NE/4 1999 feet North of the South Section line

Last Chance SW/4 33 93W 11S 2414 feet East of the West Section line and Reservoir SE/4 1293 feet South of the North Section line

Leon Park NW/4 29 11S 93W 894 feet West of the East Section line and Reservoir SW/4 2506 feet South of the North Section line

Leon Lake SW/4 29 11S 93W 2395 feet East of the West Section line and Reservoir NE/4 2264 feet North of the South Section line

Lilly Pad NE/4 4 12S 94W 1469 feet West of the East Section line and Reservoir SW/4 1708 feet South of the North Section line

Little Butts Lake SE/4 31 11S 94W 1518 feet West of the East Section line and NW/4 780 feet North of the South Section line

Little Gem SW/4 10 12S 95W 333 feet West of the East Section line and Reservoir NW/4 1709 feet North of the South Section line

Little Giant No. 1 SW/4 4 12S 93W 2349 feet East of the West Section line and Reservoir NE/4 1803 feet North of the South Section line

Little Giant No. 2 SE/4 33 11S 93W 1222 feet East of the West Section line and Reservoir SE/4 252 feet South of the North Section line

Little Grouse NE/4 7 12S 94W 274 feet East of the West Section line and 573 Reservoir NE/4 feet North of the South Section line

Marcott Park SE/4 5 12S 93W 2083 feet West of the East Section line and Reservoir SW/4 1142 feet South of the North Section line

McKoon SW/4 5 12S 94W 1060 feet West of the East Section line and Reservoir NW/4 2834 feet South of the North Section line

McLaughlin SE/4 11 12S 95W 2444 feet West of the East Section line and Reservoir NW/4 2089 feet North of the South Section line

Military Park NW/4 34 11S 94W 1244 feet West of the East Section line and Reservoir NW/4 467 feet North of the South Section line

P C and G No. 1 NE/4 33 11S 94W 1570 feet West of the East Section line and Reservoir SW/4 2157 feet North of the South Section line

Park Reservoir NE/4 3 12S 94W 658 feet East of the West Section line and 435 NE/4 feet North of the South Section line

16 Pecks No. 1 Lake SW/4 29 11S 93W 200 feet West of the East Section line and 325 SW/4 feet South of the North Section line

Pecks No. 2 Lake SE/4 30 11S 93W 690 feet East of the West Section line and 118 SE/4 feet South of the North Section line

Pedro Reservoir NE/4 5 12S 94W 1606 feet West of the East Section line and SW/4 1340 feet South of the North Section line

Pine Reservoir SW/4 5 12S 94W 2289 feet East of the West Section line and SE/4 613 feet South of the North Section line

Prebble SE/4 8 12S 94W 1076 feet East of the West Section line and Reservoir NE/4 1536 feet North of the South Section line

Rimrock Lake NE/4 9 12S 95W 456 feet East of the West Section line and Reservoir SE/4 2077 feet South of the North Section line

Rock Lake NW/4 31 11S 94W 131 feet West of the East Section line and Reservoir SW/4 1526 feet North of the South Section line

Round Lake SW/4 30 11S 93W 970 feet West of the East Section line and Reservoir NW/4 2073 feet North of the South Section line

Ryan Reservoir NE/4 8 12S 94W 2236 feet West of the East Section line and NW/4 669 feet North of the South Section line

Sackett NW/4 30 11S 93W 851 feet West of the East Section line and Reservoir SW/4 1943 feet South of the North Section line

Safety Reservoir SE/4 11 12S 95W 510 feet East of the West Section line and No. 1 NE/4 1778 feet North of the South Section line

Safety Reservoir SW/4 12 12S 95W 487 feet West of the East Section line and No. 2 NW/4 1796 feet North of the South Section line

Scotland Peak NW/4 16 12S 95W 1426 feet East of the West Section line and Reservoir NE/4 976 feet North of the South Section line

Sheep Lake NW/4 11 12S 95W 459 feet West of the East Section line and 955 Reservoir NW/4 feet North of the South Section line

Skinned Horse SE/4 2 12S 95W 786 feet East of the West Section line and Lake Reservoir SE/4 1321 feet South of the North Section line

Stell Reservoir SE/4 33 11S 94W 1160 feet East of the West Section line and NE/4 1437 feet North of the South Section line

Sunset Reservoir SW/4 22 12S 95W 45 feet West of the East Section line and 1382 No. 2 NW/4 feet North of the South Section line

Trickle Reservoir SW/4 4 12S 93W 47 feet West of the East Section line and 679 SW/4 feet South of the North Section line

Trio Reservoir SW/4 31 11S 93W 548 feet West of the East Section line and 802 SW/4 feet South of the North Section line

Twin Lake NW/4 25 11S 94W 1428 feet East of the West Section line and Reservoir No. 1 SE/4 1884 feet South of the North Section line

17

Twin Lake SW/4 25 11S 94W 1875 feet East of the West Section line and Reservoir No. 2 NE/4 2353 feet North of the South Section line

Upper Eggleston NE/4 31 11S 94W 563 feet East of the West Section line and Reservoir SE/4 1574 feet South of the North Section line

Upper Hotel Lake SE/4 36 11S 95W 2540 feet West of the East Section line and Reservoir SW/4 833 feet South of the North Section line

Vela Reservoir SW/4 26 11S 94W 376 feet West of the East Section line and SW/4 1212 feet South of the North Section line

Ward Creek NW/4 15 12S 95W 2428 feet East of the West Section line and Reservoir NE/4 629 feet North of the South Section line

Weir and NW/4 30 11S 93W 1188 feet West of the East Section line and Johnson Res. 2 SW/4 2553 feet South of the North Section line

Weir Park NE/4 3 12S 94W 2021 feet West of the East Section line and Reservoir SW/4 1558 feet South of the North Section line

Womack SW/4 14 12S 95W 1397 feet East of the West Section line and Reservoir No. 1 NE/4 1938 feet North of the South Section line

Womack SW/4 12 12S 95W 762 feet West of the East Section line and 774 Reservoir No. 2 SW/4 feet South of the North Section line

Womack SE/4 12 12S 95W 2116 feet West of the East Section line and Reservoir No. 3 SW/4 874 feet South of the North Section line

Womack NE/4 13 12S 95W 2621 feet West of the East Section line and Reservoir No. 5 NW/4 160 feet North of the South Section line

Y & S Reservoir SE/4 32 11S 93W 2485 feet West of the East Section line and NW/4 2180 feet North of the South Section line

Youngs Creek NE/4 5 12S 94W 651 feet East of the West Section line and Reservoir No. 1 SE/4 1690 feet South of the North Section line

Youngs Creek SE/4 5 12S 94W 672 feet East of the West Section line and Reservoir No. 2 NE/4 2668 feet South of the North Section line

Youngs Creek NW/4 5 12S 94W 1653 feet East of the West Section line and Reservoir No. 3 NE/4 1625 feet North of the South Section line

ZigZag Reservoir NE/4 4 12S 93W 1875 feet West of the East Section line and 11 NW/4 feet North of the South Section line * The storage rights in Granby Reservoir Nos. 1, 2, 3, 5, 10, and 11 have been transferred to Granby Reservoir No. 5-11. Exchange Reaches, Exchange Volume, and Rate of Exchange Flow: Releases from the above-described reservoirs have been exchanged via the following ditches and creeks within the Surface Creek Drainage, located in T12S R95W, T13S R95W, T14S R95W, T12S R94W, T13S R94W, T14S R94W, T12S R93W, T13S R93W, T14S R93W. Each of these reaches include the full length of the Surface Creek Ditch (a.k.a., Big Ditch). The confluence of Surface Creek and the Surface Creek Ditch is in the SWSWSE of Section 20, Township 13 South, Range 94 West, 6th PM, at a point located 1993 feet from the East section

18 line and 290 feet from the South section line. Additionally, the exchanges reaches sought in this case also include those decreed in Case No. 06CW96.

Reservoir Exchange Reach Volume Rate Name (Acre- (c.f.s.) feet)

Alexander From the confluence of Surface Creek and the Surface 193.24 10 Lake Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Arch Slough From the confluence of Surface Creek and the Surface 97.60 3.7 Creek Ditch, up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Barren Lake From the confluence of Surface Creek and the Surface 1013.70 25 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Kiser Creek, and up Kiser Creek to the reservoir

Basin #1 From the confluence of Surface Creek and the Surface 342.42 3 Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Basin #2 From the confluence of Surface Creek and the Surface 20.00 2.74 Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Battlement 1 From the confluence of Surface Creek and the Surface 134.40 2 Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Battlement 2 From the confluence of Surface Creek and the Surface 870.20 9.2 Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Bonita Res. From the confluence of Surface Creek and the Surface 290.00 6.9 Creek Ditch up Surface Creek to the confluence with the Bonita Creek, and up Bonita Creek to the reservoir

Boulder Lake From the confluence of Surface Creek and the Surface 102.20 4 No. 1 Creek Ditch, up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the

19 reservoir

Boyd Lake From the confluence of Surface Creek and the Surface 132.3 2 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Cottonwood Creek, and up Cottonwood Creek to the reservoir

Bullfinch From the confluence of Surface Creek and the Surface 63.00 5.2 Reservoir No. 1 Creek Ditch up the Surface Creek Ditch to the confluence with Kiser Creek, and up Kiser Creek to the reservoir

Bullfinch From the confluence of Surface Creek and the Surface 45.50 2.8 Reservoir No. 2 Creek Ditch up the Surface Creek Ditch to the confluence with Kiser Creek, and up Kiser Creek to the reservoir

Cabin Lake From the confluence of Surface Creek and the Surface 58.00 4 Reservoir Creek Ditch up Surface Creek to the confluence with the West Fork of Surface Creek, and up the West Fork to the reservoir

Calumet From the confluence of Surface Creek and the Surface 16.00 4 Reservoir Creek Ditch up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Carbonate From the confluence of Surface Creek and the Surface 122.80 3.5 Camp No. 6 Creek Ditch up the Surface Creek Ditch to the Reservoir confluence with Youngs Creek, and up Youngs Creek to the reservoir

Carbonate From the confluence of Surface Creek and the Surface 92.25 5.3 Camp No. 7 Creek Ditch up the Surface Creek Ditch to the Reservoir confluence with Youngs Creek, and up Youngs Creek to the reservoir

Carbonate From the confluence of Surface Creek and the Surface 15.50 1.24 Camp Creek Ditch up Surface Creek to the confluence with the Reservoir No. 3 Milk Creek, and up Milk Creek to the reservoir

Cedar Mesa From the confluence of Surface Creek and the Surface 903.00 37.6 Reservoir Creek Ditch up Surface Creek to the confluence with the Bonita Creek, and up Bonita Creek to the reservoir

Cole Reservoir From the confluence of Surface Creek and the Surface 26.40 2.5 No. 1 Creek Ditch up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Cole Reservoir From the confluence of Surface Creek and the Surface 99.13 3.7 No. 2 Creek Ditch up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Cole Reservoir From the confluence of Surface Creek and the Surface 21.00 3 No. 3 Creek Ditch up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Cole Reservoir From the confluence of Surface Creek and the Surface 29.50 5.4 No. 4 Creek Ditch up Surface Creek to the reservoir

20

Cole Reservoir From the confluence of Surface Creek and the Surface 116.80 11.2 No. 5 Creek Ditch up Surface Creek to the reservoir

Daniels Slough From the confluence of Surface Creek and the Surface 228.00 11.25 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Kiser Creek, and up Kiser Creek to the reservoir

Deep Slough From the confluence of Surface Creek and the Surface 498.40 20 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Deep Ward From the confluence of Surface Creek and the Surface 1613.02 20 Lake Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Deserted Park From the confluence of Surface Creek and the Surface 81.00 2.75 Reservoir Creek Ditch up Surface Creek to the reservoir

Donnelly From the confluence of Surface Creek and the Surface 66.30 7 Slough Creek Ditch, up the Surface Creek Ditch to the Reservoir confluence with Kiser Creek, and up Kiser Creek to the reservoir

Doughty From the confluence of Surface Creek and the Surface 68.00 3.53 Reservoir No. 1 Creek Ditch up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Doughty From the confluence of Surface Creek and the Surface 30.00 2 Reservoir No. 2 Creek Ditch up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Dreyfus From the confluence of Surface Creek and the Surface 44.01 5.75 Reservoir Creek Ditch up Surface Creek to the confluence with the Milk Creek, and up Milk Creek to the reservoir

Eggleston From the confluence of Surface Creek and the Surface 2555.24 20 Lake Reservoir Creek Ditch, up the Surface Creek Ditch to the confluence with Kiser Creek, and up Kiser Creek to the reservoir

Elk Park From the confluence of Surface Creek and the Surface 160.00 10 Reservoir Creek Ditch up Surface Creek to the confluence with the West Fork of Surface Creek, and up the West Fork to the reservoir

Eureka From the confluence of Surface Creek and the Surface 40.00 2.6 Reservoir No. 1 Creek Ditch up the Surface Creek Ditch to Youngs Creek, up Youngs Creek to the confluence with Horse Creek, and up Horse Creek to the reservoir

Eureka From the confluence of Surface Creek and the Surface 60.00 3.15 Reservoir No. 2 Creek Ditch up the Surface Creek Ditch to Youngs Creek, up Youngs Creek to the confluence with Horse Creek, and up Horse Creek to the reservoir

21

Fish Lake From the confluence of Surface Creek and the Surface 170.00 5.47 Reservoir Creek Ditch up Surface Creek to the confluence with the West Fork of Surface Creek, and up the West Fork to the reservoir

Forrest From the confluence of Surface Creek and the Surface 132.94 5.3 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Goodenough From the confluence of Surface Creek and the Surface 162.00 5.04 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Youngs Creek, and up Youngs Creek to the reservoir

Granby Res. From the confluence of Surface Creek and the Surface 133 2.0 No. 1* Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Granby Res. From the confluence of Surface Creek and the Surface 287 5.0 No. 5* Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Granby From the confluence of Surface Creek and the Surface 680.26 10.67 Reservoir No. Creek Ditch up the Surface Creek Ditch to the 5B11* confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Granby Res. From the confluence of Surface Creek and the Surface 172.0 2.0 No. 2* Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Granby Res. From the confluence of Surface Creek and the Surface 8.0 1.0 No. 3* Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Granby From the confluence of Surface Creek and the Surface 45.98 7.43 Reservoir No. 6 Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

22 Granby From the confluence of Surface Creek and the Surface 76.08 13.5 Reservoir No. 7 Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Granby From the confluence of Surface Creek and the Surface 11.50 5 Reservoir No. 8 Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Granby From the confluence of Surface Creek and the Surface 111.50 5.66 Reservoir No. 9 Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Granby From the confluence of Surface Creek and the Surface 813.99 11.3 Reservoir No. Creek Ditch up the Surface Creek Ditch to the 12 confluence with Ward Creek, down Ward Creek to the confluence with the Granby Ditch, up the Grandby Ditch to the confluence Dirty George Creek, and up Dirty George Creek to the reservoir

Greenback From the confluence of Surface Creek and the Surface 130 22.45 Graves Res. Creek Ditch up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Greenwood From the confluence of Surface Creek and the Surface 180.00 5 Reservoir Creek Ditch up Surface Creek to the confluence with the West Fork of Surface Creek, and up the West Fork to the reservoir

Hale Reservoir From the confluence of Surface Creek and the Surface 49.03 6 Creek Ditch up Surface Creek to the confluence with Beaver Creek, and up Beaver Creek to the reservoir

Hotel Lake From the confluence of Surface Creek and the Surface 436.31 10 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Howard From the confluence of Surface Creek and the Surface 72.70 3.3 Reservoir Creek Ditch, up the Surface Creek Ditch to the confluence with Kiser Creek, and up Kiser Creek to the reservoir

Island Lake From the confluence of Surface Creek and the Surface 1530.10 20 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Kehmeier From the confluence of Surface Creek and the Surface 296.00 16

23 Reservoir Creek Ditch up Surface Creek to the confluence with the Bonita Creek, and up Bonita Creek to the reservoir

Kennicott From the confluence of Surface Creek and the Surface 500.00 15 Slough Creek Ditch, up the Surface Creek Ditch to the Reservoir confluence with Kiser Creek, and up Kiser Creek to the reservoir

Kiser Slough From the confluence of Surface Creek and the Surface 97.60 40 Reservoir Creek Ditch, up the Surface Creek Ditch to the confluence with Kiser Creek, and up Kiser Creek to the reservoir

Knox From the confluence of Surface Creek and the Surface 255.00 7.08 Reservoir Creek Ditch up Surface Creek to the confluence with the West Fork of Surface Creek, and up the West Fork to the reservoir

Last Chance From the confluence of Surface Creek and the Surface 24.8 2.0 Reservoir Creek Ditch up Surface Creek to the confluence with Beaver Creek, and up Beaver Creek to the reservoir

Leon Park From the confluence of Surface Creek and the Surface 110.00 5.5 Reservoir Creek Ditch, up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Leon Lake From the confluence of Surface Creek and the Surface 3500.00 28.1 Reservoir Creek Ditch, up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Lilly Pad From the confluence of Surface Creek and the Surface 50.00 2.55 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Youngs Creek, and up Youngs Creek to the reservoir

Little Butts From the confluence of Surface Creek and the Surface 4.0 2.0 Reservoir Creek Ditch, up the Surface Creek Ditch to the confluence with Kiser Creek, and up Kiser Creek to the reservoir

Little Gem From the confluence of Surface Creek and the Surface 219.00 20.16 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Little Giant No. From the confluence of Surface Creek and the Surface 48.00 5.7 1 Reservoir Creek Ditch up Surface Creek to the confluence with Beaver Creek, and up Beaver Creek to the reservoir

Little Giant No. From the confluence of Surface Creek and the Surface 12.00 1.55 2 Reservoir Creek Ditch up Surface Creek to the confluence with Beaver Creek, and up Beaver Creek to the reservoir

Little Grouse From the confluence of Surface Creek and the Surface 40.00 4 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Youngs Creek, and up Youngs Creek to

24 the reservoir

Marcott Park From the confluence of Surface Creek and the Surface 453.05 22.45 Reservoir Creek Ditch, up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

McKoon From the confluence of Surface Creek and the Surface 136.76 3.65 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Youngs Creek (a.k.a. Blanchard), and up Youngs Creek to the reservoir

McLaughlin From the confluence of Surface Creek and the Surface 0.5 2.0 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Military Park From the confluence of Surface Creek and the Surface 236.60 20 Reservoir Creek Ditch up Surface Creek to the confluence with the West Fork of Surface Creek, and up the West Fork to the reservoir

P C and G No. From the confluence of Surface Creek and the Surface 104.50 3.5 1 Reservoir Creek Ditch, up the Surface Creek Ditch to the confluence with Kiser Creek, and up Kiser Creek to the reservoir

Park Reservoir From the confluence of Surface Creek and the Surface 3378.18 70 Creek Ditch up Surface Creek to the confluence with the West Fork of Surface Creek, and up the West Fork to the reservoir

Pecks From the confluence of Surface Creek and the Surface 30.0 2.0 Reservoir #1 Creek Ditch, up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Pecks From the confluence of Surface Creek and the Surface 35.0 2.0 Reservoir #2 Creek Ditch, up Surface Creek to the confluence with the Marcott Creek, and up Marcott Creek to the reservoir

Pedro From the confluence of Surface Creek and the Surface 180.02 5.07 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Youngs Creek, and up Youngs Creek to the reservoir

Pine Reservoir From the confluence of Surface Creek and the Surface 25.00 1.68 Creek Ditch up the Surface Creek Ditch to the confluence with Youngs Creek, and up Youngs Creek to the reservoir

Prebble From the confluence of Surface Creek and the Surface 180.00 6.5 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Youngs Creek, and up Youngs Creek to the reservoir

Rimrock Lake From the confluence of Surface Creek and the Surface

25 Reservoir Creek Ditch up the Surface Creek Ditch to the 73.50 3 confluence with Ward Creek, and up Ward Creek to the reservoir

Rock Lake From the confluence of Surface Creek and the Surface 67.5 2 Res. Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Round Lake From the confluence of Surface Creek and the Surface 25.00 2 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Bonita Creek, and up Bonita Creek to the reservoir

Ryan Reservoir From the confluence of Surface Creek and the Surface 60.00 3.06 Creek Ditch up the Surface Creek Ditch to the confluence with Youngs Creek, and up Youngs Creek to the reservoir

Sackett From the confluence of Surface Creek and the Surface 110.00 15 Reservoir Creek Ditch up Surface Creek to the confluence with the Bonita Creek, and up Bonita Creek to the reservoir

Safety From the confluence of Surface Creek and the Surface 20.00 2.35 Reservoir No. 1 Creek Ditch up the Surface Creek Ditch to the & 2 confluence with Cottonwood Creek, and up Cottonwood Creek to the reservoir

Scotland Peak From the confluence of Surface Creek and the Surface 188.19 4.75 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Sheep Lake From the confluence of Surface Creek and the Surface 154.00 5 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Skinned Horse From the confluence of Surface Creek and the Surface 105.00 4 Lake Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Stell Reservoir From the confluence of Surface Creek and the Surface 65.00 5.87 Creek Ditch up Surface Creek to the confluence with the West Fork of Surface Creek, and up the West Fork to the reservoir

Sunset From the confluence of Surface Creek and the Surface 48.0 2.0 Reservoir #2 Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Trickle From the confluence of Surface Creek and the Surface 61.00 9 Reservoir Creek Ditch up Surface Creek to the confluence with Beaver Creek, and up Beaver Creek to the reservoir

From the confluence of Surface Creek and the Surface

26 Trio Reservoir Creek Ditch, up Surface Creek to the confluence with 164.00 11.39 Bonita Creek (a.k.a., Middle Fork of Surface Creek), and up Bonita Creek to the reservoir

Twin Lake From the confluence of Surface Creek and the Surface 278.75 8.19 Reservoir No. 1 Creek Ditch up Surface Creek to the confluence with the Bonita Creek, and up Bonita Creek to the reservoir

Twin Lake From the confluence of Surface Creek and the Surface 126.00 7.71 Reservoir No. 2 Creek Ditch up Surface Creek to the confluence with the Bonita Creek, and up Bonita Creek to the reservoir

Upper From the confluence of Surface Creek and the Surface 375.84 8.72 Eggleston Creek Ditch, up the Surface Creek Ditch to the Reservoir confluence with Kiser Creek, and up Kiser Creek to the reservoir

Upper Hotel From the confluence of Surface Creek and the Surface 172.50 3 Lake Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Vela Reservoir From the confluence of Surface Creek and the Surface 502.62 26.3 Creek Ditch up Surface Creek to the confluence with the West Fork of Surface Creek, and up the West Fork to the reservoir

Ward Creek From the confluence of Surface Creek and the Surface 332.36 50 Reservoir Creek Ditch up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Weir and From the confluence of Surface Creek and the Surface 630.98 21.11 Johnson Creek Ditch, up Surface Creek to the confluence with Reservoir 2 Bonita Creek (a.k.a., Middle Fork of Surface Creek), and up Bonita Creek to the reservoir

Weir Park From the confluence of Surface Creek and the Surface 40.00 6.25 Reservoir Creek Ditch up Surface Creek to the confluence with the West Fork of Surface Creek, and up the West Fork to the reservoir

Womack From the confluence of Surface Creek and the Surface 143.10 10.5 Reservoir No. 1 Creek Ditch, up the Surface Creek Ditch to the confluence with Ward Creek, and up Ward Creek to the reservoir

Womack From the confluence of Surface Creek and the Surface 87.6 10.4 Reservoir No. 2 Creek Ditch up the Surface Creek Ditch to the and 3 confluence with Cottonwood Creek, and up Cottonwood Creek to the reservoir

Womack From the confluence of Surface Creek and the Surface 31.40 2.2 Reservoir No. 5 Creek Ditch up the Surface Creek Ditch to the confluence with Cottonwood Creek, and up Cottonwood Creek to the reservoir

Y & S From the confluence of Surface Creek and the Surface

27 Reservoir Creek Ditch, up Surface Creek to the confluence with 189.00 5.25 the Marcott Creek, and up Marcott Creek to the reservoir

Youngs Creek From the confluence of Surface Creek and the Surface 781.92 10.5 Reservoir No. 1 Creek Ditch up the Surface Creek Ditch to the and 2 confluence with Youngs Creek, and up Youngs Creek to the reservoir

Youngs Creek From the confluence of Surface Creek and the Surface 230.46 6.3 Reservoir No. 3 Creek Ditch up the Surface Creek Ditch to the confluence with Youngs Creek, and up Youngs Creek to the reservoir

Zigzag From the confluence of Surface Creek and the Surface 78.0 2.0 Reservoir Creek Ditch up Surface Creek to the confluence with Beaver Creek, and up Beaver Creek to the reservoir * The Granby Reservoir 5 -11 includes storage rights transferred from Granby Reservoir Nos. 1, 2, 3, 10, 5 and 11. Date of Initiation of Appropriation of Exchange: July 1, 1887; REQUEST FOR APPROPRIATIVE RIGHT OF EXCHANGE (Orchard City Pipeline Exchange); Name of Exchange: Orchard City Pipeline Exchange; Location of Structure and Exchange Reach: Flows from the Orchard City Exchange have been exchanged from the confluence of Surface Creek and the Surface Creek Ditch (SWSWSE of Section 20, Township 13 South, Range 94 West, 6th PM, at a point located 1993 feet from the East section line and 290 feet from the South section line), up the Surface Creek Ditch to the point of diversion for the Orchard City Pipeline (NESWSE of Section 25, Range 95 West, Township 12 South, 6th P.M., at a point located1678 feet east of the west section line and 1038 feet south of the north section line); Amount of Exchange: 1 c.f.s.; Appropriation Date: August 16, 1886. (14 pages) DELTA COUNTY.

CASE NO. 06CW242. Applicant: River Valley Ranch, Tom Warnes, PO Box 23358, Silverthorne, CO 80498. Application for Finding of Diligence: Ensley Bamboo Pump No. 2 – located where the north boundary line of the Southwest quarter of the Northwest quarter of Section 10, T13S, R99W, 6th PM. Intersects the Gunnison River. Source: Gunnison River. Appropriation Date: 11/2/94. Amount Claimed: 3.528 cfs for irrigation. MESA COUNTY.

CASE NO. 06CW243. Applicant: Bone Mesa Domestic Water District, Ramsay and Virginia Mohr, Dan and Jayne Sullivan, PO Box 181, Hotchkiss, CO 81419. Application for Change of Water Right: Gelwicks Ditch (aka Gelwichs Ditch, Gelwich Ditch, and the Gilwichs or Gilwicks Ditch): NW 1/4 SE 1/4 NE 1/4 of Section 5, T15S, R91W, 6th PM. 1400 feet from the north and 200 feet from the west section lines. Source: McDonald Creek. Appropriation Date: 3/11/1885. Amount Claimed: 12 gpm or .027 cfs for irrigation and domestic uses. DELTA COUNTY.

CASE NO. 06CW244. Applicant: Troy Wade, PO Box 173, Lake City, CO 81235. Application to Make Absolute: Lakeside Spring No. 2 – SW 1/4 SW 1/4 NW 1/4 of Section 24, T51N, R7W, NMPM. 350 feet east of the west section line and 2324 feet south of the north section line. Source: Gunnison River. Appropriation Date: 8/1/99. Amount Claimed: .033 cfs for domestic, stockwater, wildlife, fire protection, commercial and irrigation. DELTA COUNTY.

CASE NO. 06CW245. Applicant: Harry Reagan, PO Box 190, Norwood, CO 81423. Application for Surface and Storage Water Rights: Structures located in Section 21, T45N, R13W, NMPM. Skunk Creek Spring – 400 feet from the north and 800 feet from the east section lines. Skunk Creek Ponds No. 1 and No. 2 – 400 feet from the south and 375 feet from

28 the east section lines. Source: Skunk Creek Springs, San Miguel River. Appropriation Date: 1964. Amount Claimed: 0.02 / 1/4 acre x 6’ cfs absolute and 1 1/2 acre feet absolute for fish, wildlife, irrigation, fire protection and livestock. SAN MIGUEL COUNTY.

CASE NO. 06CW246. Applicant: DeGrey Phillips, PO Box 1642, Telluride, CO 81435. Application for Absolute Storage Water Rights: structures located in Section 11, T44N, R8W, NMPM. Cottonwood Pond No. 1 – 1612 feet south and 1640 feet west of section 11. Cottonwood Pond No. 2 – 1474 feet south and 1850 feet west of section 11. Source: Uncompahgre River. Appropriation Date: 3/22/05. Amount Claimed: 2.28 acre feet absolute for livestock, irrigation, wildlife and fire control. OURAY COUNTY.

CASE NO. 06CW247. Montrose County, Lower San Miguel River. Richards & Richards, c/o Mark E. Hamilton, Esq., CALOIA, HOUPT & HAMILTON P.C., 1204 Grand Ave., Glenwood Springs, CO 81601, 970-945-6067, [email protected]. Application for Underground Water Right. Name of Structure: Arrowhead Well No. 1. Location: SE¼ SW¼ SW¼ of Sec. 21, T. 47 N., R. 17 W., N.M.P.M., at a point approximately 993 ft E. of the W. Sec. Line and 200 ft N. of the S. Sec. Line (also described as 38°18’20.21203” N and 108°45’20.32517” W). Source: groundwater tributary to an unnamed drainage into the lower San Miguel River, tributary to the Dolores River. Approp. dates: 12/31/1981 (for livestock watering and industrial (including mining) purposes), 12/31/2006 (for domestic and irrigation uses). Amount: 0.557 c.f.s. (250 gpm--402.5 acre-feet per year). Depth: 300 ft (approx). Uses: absolute for livestock watering and industrial purposes, conditional for irrigation and domestic purposes. Number of acres to be irrigated: approx. 20 acres located in the SW¼ SW¼ of Sec. 21 and/or the NW¼ NW¼ of Sec. 28, T. 47 N., R. 17 W., N.M.P.M., Montrose County. The land upon which the subject structure is located is owned by: Dow Chemical (f/k/a Umetco Minerals), 2754 Compass Drive, Grand Junction, CO 81501. (3 pages) MONTROSE COUNTY.

CASE NO. 06CW248. OURAY COUNTY. CEDAR CREEK. Dana Ivers, c/o Patrick, Miller & Kropf, P.C., Scott C. Miller, Esq. and Madoline E.S. Wallace, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR SURFACE WATER RIGHTS. Name of structure: Cedar Creek Ditch, First Enlargement. Legal description of point of diversion: The headgate is located on the north bank of Cedar Creek at a point whence the NW Corner of the Uncompahgre Hot Springs Reserve bears N. 48° E 1,080 feet distant, and thence runs in a general northerly direction to and upon the lands described as the S ½ of the SW ¼ of the SE qr. of Section 17 in T. 45 N of R. 8 W, NMPM at a point whence the NW Corner of said Uncompahgre Hot Springs Reserve bears S. 89° 15’ E. 640 feet distant (see attached Exhibit “A”). Source: Cedar Creek, tributary to the Uncompahgre River, including any imported, waste or return flow water accruing to Cedar Creek. Date of initial appropriation: April 1, 2000. How appropriation was initiated: Placing water to actual beneficial use. Date water applied to beneficial use: April 1, 2000. Amount claimed: 1.75 cfs, absolute. Uses or proposed uses: irrigation. If irrigation, complete the following: Legal description and number of acres historically irrigated: Irrigation of approximately 20 acres of land on the real property depicted in the attached Exhibit “A” and located generally in the SW ¼ of the SE ¼ of Section 17, T. 45 N of R.8 W, NMPM. Applicant owns the land upon which water will be placed to beneficial use. Andrew McCullough, 1487 Fargo Blvd., Geneva, IL, 60134, owns the land upon which the headgate structure is located. Remarks: N/A. OURAY COUNTY.

CASE NO. 06CW249. Applicant: Raymond and E. Marlene Rhodes, 11481 Crawford Road, Paonia, CO 81428. All structures located in Section 24, T14S, R92W, 6th PM. Application for Surface Water Rights: Rhodes Spring No. 1 – SE 1/4 NE 1/4 SW 1/4, 1414 feet from the south and 2347 feet from the west; Rhodes Spring No. 2 – SE 1/4 NE 1/4 SW 1/4, 1481 feet from the

29 south and 2273 feet from the west; Rhodes Spring No. 3 – SE 1/4 NE 1/4 SW 1/4, 1720 feet from the south and 2018 feet from the west. Amount Claimed from each spring: .10 cfs absolute for irrigation, fish and stock. Appropriation Date: 4/15/87. Application for Storage Water Rights: Rhodes Reservoir No. 1 – SE 1/4 NE 1/4 SW 1/4, 1425 feet from the south and 2242 feet from the west; Rhodes Reservoir No. 2 – SE 1/4 NE 1/4 SW 1/4, 1720 feet from the south and 2018 feet from the west. Amount Claimed: No. 1 - .25 acre feet absolute for irrigation, fish and stock; No. 2 – 2 acre feet conditional for irrigation, fish and stock. Appropriation Date: No. 1 – 4/1989; No. 2 – 12/16/06. Source of all structures: springs tributary to Bell Creek, tributary to North Fork River. DELTA COUNTY.

CASE NO. 06CW250. Montrose County, Colorado – Unnamed tributary to Horsefly Creek, tributary to the San Miguel River. Application for Storage Water Rights: Eldred Colorado Family, LP, c/o Sara M. Dunn, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Summary of Application: This application requests court approval of two storage rights on Applicant’s property. A map providing the general location of the storage structures is attached as Figure 1 to the Application on file with the Court. First Claim: Water Storage Right. Name of structure: Eldred Pond 14. Legal description of location of dam: Location of NW corner of dam near two CMP outlet pipes described as follows: NW1/4, NE1/4, SW1/4, Sec. 8, T. 45 N., R. 10 W., N.M.P.M., 2,360 ft. from the S. sec. line and 3,560 ft. from the E. sec. line of said Sec. 8. GPS coordinates in NAD 83: 13 S 0237461, 4228495 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation. Appropriation date: 04/01/1997. How appropriation was initiated: Construction of pond and use of water. Date water applied to beneficial use: 04/01/1997. Amt. claimed: 2.3 a.f., absolute, with right to fill and re-fill in priority. Use: Stock watering, wildlife watering, piscatorial, recreation, aesthetic. Surface area of high water line: 0.63 acre; Maximum height of dam: less than 10 ft. to base of spill channel; Length of dam: 170 ft. Total capacity of reservoir: 2.3 a.f., all dead storage. Second Claim: Water Storage Right. Name of Structure: Eldred Pond 15. Legal description of location of dam: Location of midpoint of spillway at NW corner of dam described as follows: SW1/4, NE1/4, SW1/4, Sec. 8, T. 45 N., R. 10 W., N.M.P.M., 1,850 ft. from the S. sec. line and 3,520 ft. from the E. sec. line of said Sec. 8. GPS coordinates in NAD 83: 13 S 0237472, 4228341 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation. Appropriation date: 09/2002. How appropriation was initiated: construction of pond and use of water. Date water applied to beneficial use: 09/2002. Amt. claimed: 2.0 a.f., absolute, with right to fill and re-fill in priority. Use: Stock watering, wildlife watering, piscatorial, recreation, aesthetic. Surface area of high water line: 0.55 acre. Max. height of dam: less than 10 ft. to base of spill channel. Length of dam: 120 ft. Total capacity of reservoir: 2.0 a.f., all dead storage. Name and address of owner of land upon which any new diversion or storage structures or modification to any existing diversion or storage structures or existing storage pool is or will be constructed or upon which water is or will be stored: Applicant. (6 pages + exhibit) MONTROSE COUNTY.

CASE NO. 06CW251. Anthracite Creek, tributary to North Fork Gunnison River, Gunnison River. Application for surface water rights, ground water rights, storage water rights, and for approval of plan for augmentation, including exchange. Camp Id-Ra-Ha-Je West Association, a/k/a Camp West in Gunnison County, Colorado, c/o Lori J.M. Satterfield, Esq., 303-295-8282, Holland & Hart LLP, 555 17th Street, Suite 3200, Denver, CO 80202. Surface Water Rights. Name of structure: Frey Ditch Camp West Enlargement. The point of diversion is the existing headgate of the Frey Ditch located in the NW1/4 of the NE1/4 of Section 11, Township 13 South, Range 89 West of the 6th P.M. at a point 2,100 feet from the East line and 785 feet from the North line of said Section 11; originally described in Civil Action 2563 as a point on the left bank of Anthracite Creek from which the Northeast corner of Section 11, Township 13 South, Range 89 West, 6th P.M. bears N 18◦ 30’ West 630 feet. Source: Anthracite Creek, tributary to North Fork of Gunnison River, tributary to

30 Gunnison River. Date of initiation of appropriation: June 30, 1982 for recreation, irrigation, filling and replacing evaporation loss from the Camp West Pond No. 1, and for delivering water to and replacing evaporation loss from the Camp West Water Slide (see below); June 30, 2003 for stock water and augmentation. How appropriation was initiated: For recreation, irrigation, filling ponds and replacing evaporation loss: by construction of the Camp West Pond and the Camp West Water Slide, diversion of water, and application to beneficial use. For augmentation and stock water: By field investigation and formation of intent to appropriate, water rights planning, development of a water rights plan of augmentation for the Camp, and by GPS survey of the water features associated with the Camp, including the headgate of the Frey Ditch. Date water applied to beneficial use: For absolute water rights: June 30, 1982. For conditional rights: N/A. Amount Claimed: 0.5 cfs. Uses: Absolute for recreation, filling and continually replacing evaporative loss from the Camp West Pond No. 1, provision of water to the Camp West Water Slide, fire protection and irrigation. Irrigation is supplemental irrigation of Applicant’s property in Section 11, Township 13 South, Range 89 West of the 6th P.M. that is currently, and will continue to be, irrigated by the Applicant’s interest in the Frey Ditch. Conditional for stock water and augmentation. Name of Structure: Camp West Tailwater Ditch. The point of diversion is in the NW1/4 of the NE1/4 of Section 11, Township 13 South, Range 89 West of the 6th P.M. at a point 2215 feet from the East Section line and 1300 feet from the North Section line of said Section 11. Source: Surface water and irrigation return flow water in an unnamed drainage tributary to Anthracite Creek. Date of initiation of appropriation: September 1, 2006. How appropriation was initiated: By field investigation, formation of intent to appropriate and by GPS survey of the point of diversion. Amount claimed: 0.25 cfs conditional. Uses: Supplemental irrigation of Applicant’s property in Section 11, Township 11 South, Range 89 West of the 6th P.M. that is currently, and will continue to be, irrigated by Applicant’s interest in the Frey Ditch. When water is physically available in priority at this point of diversion it can be used by Applicant to sprinkle irrigate the historically irrigated land by gravity. Name of Structure: Camp West Floodwater Ditch. The point of diversion is in the SE1/4 of the NW1/4 of Section 11, Township 13 South, Range 89 West of the 6th P.M. at a point 2600 feet from the West Section line and 2160 feet from the North Section line of said Section 11. Source: Unnamed drainage tributary to Anthracite Creek. Date of initiation of appropriation: September 1, 2006. How appropriation was initiated: By field investigation, formation of intent to appropriate and by GPS survey of the point of diversion. Date water applied to beneficial use: N/A. Amount claimed: 0.25 cfs conditional. Proposed Use: Supplemental irrigation of Applicant’s property in Section 11, Township 13 South, Range 89 West of the 6th P.M. that is currently, and will continue to be, irrigated by Applicant’s interest in the Frey Ditch. When water is physically available in priority at this point of diversion it can be used by Applicant to sprinkle irrigate the historically irrigated land by gravity. UNDERGROUND WATER RIGHTS: Camp West Well No. 1. The well is located in the NE1/4 of the NW1/4 of Section 11, Township 13 South, Range 89 West of the 6th P.M. at a point 2575 feet from the West Section line and 1295 feet South of the North Section line of said Section 11. Source: Ground water tributary to Anthracite Creek. Depth: approximately 35 feet. Date of initiation of appropriation: March 18, 1977. How appropriation was initiated: By permitting of well under Permit No. 89054. Date water applied to beneficial use: November 15, 1977. Amount claimed: 0.033 cfs (15 gpm) absolute, 0.078 cfs (35 gpm) conditional. Uses: Absolute for domestic. Conditional for commercial, stock water, fire protection, and irrigation. Irrigation will be of up to one-half acre of augmented irrigation of lands in the NE1/4 of the NW1/4 and NW1/4 of the NE1/4 of Section 11, Township 13 South, Range 89 West, 6th P.M. (The one-half acre of augmented irrigation by the well will include lands that are under the Frey Ditch.) The well is not located within 600 feet of any wells owned by third parties. Name of Well: Camp West Well No. 2. The well is located in the NW1/4 of the NE1/4 of Section 11, Township 13 South, Range 89 West of the 6th P.M. at a point 2150 feet West of the East Section line and 940 feet South of the North Section line of said Section 11. Source: Ground water tributary to Anthracite Creek. Depth: approximately 50 feet. Date of initiation of

31 appropriation: June 30, 2003. How appropriation was initiated: By field investigation and formation of intent to appropriate, water rights planning, development of a water rights plan of augmentation for the Camp, and by GPS survey of the water features associated with the Camp. Date applied to beneficial use: N/A. Amount claimed: 0.111 cfs (50 gpm) conditional. Proposed Uses: Domestic, commercial, stock water, fire protection, and irrigation. Irrigation will be of up to one-half acre of augmented irrigation of lands in the NE1/4 of the NW1/4 and NW1/4 of the NE1/4 of Section 11, Township 13 South, Range 89 West, 6th P.M. (The one-half acre of augmented irrigation by the well will include lands that are under the Frey Ditch.) The well is not located within 600 feet of any wells owned by third parties. WATER STORAGE RIGHTS: Name of Reservoir: Camp West Pond No. 1. Camp West Pond No. 1 is located in the NE1/4 of the NW1/4 of Section 11, Township 13 South, Range 89 West of the 6th P.M. The point at which the Frey Ditch Camp West Enlargement flows into the pond is 2450 feet from the west line and 1185 feet south of the north line of said Section 11. Source: The off-channel pond is filled by diversions from Anthracite Creek via the Frey Ditch Camp West Enlargement at a rate of 0.5 cfs. Date of appropriation: June 30, 1982. How appropriation was initiated: By construction of the pond, diversion of water to storage, and application of stored water to beneficial use. Date water applied to beneficial use: June 30, 1982. Amount claimed: 0.88 acre feet (“AF”) absolute, all active capacity, with the right to fill and refill continuously. Uses: Absolute for recreation, and fire protection. The pond also serves as an irrigation pumping forebay for Applicant’s interest in the Frey Ditch. Conditional for stockwater and augmentation. Surface area at high water line: 0.22 acres. Maximum height of dam: 4 feet. Length of dam: 300 feet. The Camp West Pond No. 1 has been a recreational amenity for the Camp since construction. The pond may be used as supplemental augmentation storage if needed. Name of Reservoir: Camp West Augmentation Pond. The pond is located in the NW1/4 of the NE1/4 of Section 11, Township 13 South, Range 89 West of the 6th P.M. The point at which the Frey Ditch Camp West Enlargement flows into the pond is 2305 feet West of the East Section line and 940 feet from the North Section line of said Section 11. Source: The off- channel pond is filled by diversions from Anthracite Creek via the Frey Ditch Camp West Enlargement at a rate of 0.5 cfs. Date of initiation of appropriation: June 30, 2003. How appropriation was initiated: By field investigation, and formation of intent to appropriate. Date water applied for beneficial use: N/A. Amount claimed: 3.0 AF conditional, all active capacity, with the right to fill and refill continuously. Uses: Recreation, fire protection, augmentation. Surface area of high water line: 0.5 acres. Maximum height of dam: 9 feet. Length of dam: 500 feet. All of the above-described points of diversion, places of storage, and place of use are located within Applicant’s property. APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE: Structures to be augmented (the “Augmented Water Rights”): Frey Ditch Camp West Enlargement, Camp West Pond No. 1, Camp West Well No. 1, Camp West Well No. 2, and Id-Ra- Ha-Je Spring Pipeline. The Frey Ditch also diverts under its senior 2.0 cfs priority for irrigation. The senior right is not augmented under this plan. Previous decree for Id-Ra-Ha-Je Spring Pipeline: Date entered: February 17, 1977. Case No. W-2885, Water Division No. 4. Located at a point 502 feet East and approximately 1225 South from the North quarter corner of Section 7, Township 13 South, Range 89 West of the 6th P.M. Spring tributary to Anthracite Creek. Date of appropriation: June 25, 1976. Amount and decreed use: 0.2 cfs, absolute, for domestic purposes. Water rights to be used for augmentation: Camp West Pond No. 1, Camp West Augmentation Pond, East Beckwith Reservoir No. 1, and Blue Mesa Reservoir. Previous decree for East Beckwith Reservoir No. 1: Date entered: May 28, 1938. Civil Action No. 2563. Delta County District Court. Legal Description: East Beckwith Reservoir is located in Gunnison County in the NW1/4 of the NE1/4 of Section 3, Township 14 South, Range 88 West of the 6th P.M. at a point whence the SE corner of Section 34, Township 13 South, Range 88 West of the 6th P.M. bears North 31◦ 57’ East 1627.2 feet distant. Source: Anthracite Creek. Date of appropriation: September 1, 1934. Amount and decreed use: Originally 568.8 AF absolute and 277.2 AF conditional for irrigation. The 277.2 AF decreed conditional, and 185.8 AF of the 568.8 AF decreed

32 absolute were abandoned in Case Nos. 89CW121 and 92CW57, respectively. On May 24, 2006 an additional 39.0 AF was decreed conditional for augmentation, industrial, and commercial uses in Case No. 05CW187. Previous decree for Blue Mesa Reservoir: Date entered: March 30, 1960. Civil Action Nos. 5590 and 6981. District Court, Gunnison County. Legal description: Sections 1, 2, 3, 4 and 12, Township 48 North, Range 4 West, N.M.P.M. Section 8, 9, 14, 15, 16, 21, 22, 25, 26, 17, 18, 19, 31, 32, 33, 34, 35 and 36, Township 49 North, Range 4 West, N.M.P.M. Sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, Township 49 North, Range 3 West, N.M.P.M. Sections 2, 3, 7, 11, 18, 19, 29 and 30 Township 48 North, Range 3 West, N.M.P.M. Sections 13, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 34, Township 49 North, Range 2 West, N.M.P.M. And SW1/4SW1/4, Section 32, Township 49 North, Range 4 West, N.M.P.M. and in the NE1/4NW1/4 and NW1/4NE1/4, Section 4, Township 48 North, Range 4 West, N.M.P.M. Source: Gunnison River. Date of appropriation: November 11, 1957. Amount: 939,204 AF in CA Nos. 5590 and 6981, plus 124,253 AF, with the same appropriation date transferred to the reservoir in CA 10045, making the total amount decreed to the reservoir 1,063,457 AF. Statement of Plan for Augmentation: Applicant owns and operates a seasonal use Christian camp. Applicant seeks to develop a plan for augmentation that will replace out-of-priority depletions from domestic and commercial in-house use, limited lawn and landscape irrigation, stockwater, and evaporation. Domestic and commercial in-house water is supplied from the Camp West Well Nos. 1 and 2 and from the Id-Ra-Ha-Je Spring Pipeline. In the summer months, from June 1 through September 15, approximately 120 campers may use the Camp. For the balance of the year the Camp is used primarily on weekends by up to 50 campers at a time. For planning purposes, Applicant has conservatively assumed that 120 campers are full time in the summer and 50 campers are full time the rest of the year. The plan will also augment out-of-priority depletions associated with the provision of a domestic water supply to two single-family residences, one of which is existing. For purposes of this plan, 15% of domestic diversions are considered consumed. The projected annual in-house diversions are approximately 3.95 AF, and the projected annual in-house depletions are approximately 0.41 A.F. The plan may augment livestock depletions of 0.11 AF annually. Evaporation uses to be augmented include out-of-priority evaporation losses from the Camp West Pond No. 1 (0.22 surface acres), the Camp West Water Slide and the Frey Ditch leading to these structures. The water slide is a rubber-lined trough 100 feet long by 3 feet wide operated by a recirculation pump located in a 10 ft. x 10 ft. basin in the Frey Ditch at the base of the slide. Additional evaporation from 1,400 lineal feet of the Frey Ditch with an average width of 2 feet will be augmented. The total annual evaporation from these structures is 0.86 AF. Irrigation consumptive use has been calculated using the Soil Conservation Service Technical Release 21 (TR-21) Blaney-Criddle methodology as modified by Pochop for turf grass. The Frey Ditch priority no. H4 is the principal irrigation supply for the Camp. When the Frey Ditch is out of priority, augmented irrigation of up to one-half acre may occur from any combination of the wells, the Frey Ditch Camp West Enlargement and/or from the Camp West Pond No. 1. The Applicant’s engineer has conducted Glover analyses to develop a lagged depletion schedule, and Applicant will account for the lagged depletions on a form acceptable to the Division Engineer. Out-of-priority depletions will be augmented by release of water stored in priority in the on-site ponds and/or by release of East Beckwith Reservoir water and Blue Mesa Reservoir water. Applicant will apply to the North Fork Water Conservancy District for a water allotment contract for East Beckwith Reservoir releases. Applicant has applied to the Bureau of Reclamation for a Blue Mesa Reservoir contract. The contract water can be used alone or the on-site storage can be used alone, or any combination of the augmentation sources can be used. If contract water alone is used for augmentation, then only the critical domestic and commercial in-house and stockwater uses of the Camp may be augmented (“Minimum Augmentation Alternative”). If the Camp West Augmentation Pond is constructed, evaporation from Camp West Pond No. 1 and the Camp West Water Slide may be augmented and up to one-half acre of irrigation may be augmented (“Maximum Augmentation Alternative”). The Camp West Pond No. 1 may also be used as an augmentation

33 supply if necessary. A table summarizing the Minimum Augmentation Requirement is Exhibit B to the Application on file with the Court. A table summarizing the Maximum Augmentation Requirement is Exhibit C to the Application on file with the Court. Appropriative Right of Exchange: Exchange reach: The exchange reach extends up the North Fork of the Gunnison River from its confluence with the Gunnison River up to the confluence with Anthracite Creek, then up Anthracite Creek to the Augmented Water Rights. The lower terminus of the exchange is the confluence of the Gunnison River with the North Fork of the Gunnison River in Delta County in the NW1/4 of the NW1/4 of Section 6, Township 15 South, Range 93 West of the 6th P.M. at a point 916 feet from the North Section line and 80 feet from the West Section line of said Section 6. The upper terminus of the exchange is the existing headgate of the Frey Ditch located in Gunnison County in the NW1/4 of the NE1/4 of Section 11, Township 13 South, Range 89 West of the 6th P.M. at a point 2,100 feet from the East Section line and 785 feet from the North Section line of said Section 11. Exchange rate: 0.007 cfs, conditional. Date of appropriation: June 30, 2003. How exchange appropriation was initiated: By field investigation and formation of intent to appropriate, water rights planning, and development of a water rights plan of augmentation for the Camp, and by GPS survey of the water features associated with the Camp, including the headgate of the Frey Ditch. Operation of the augmentation plan, including exchange, will prevent injury to any vested or decreed conditional water rights. GUNNISON COUNTY.

CASE NO. 06CW252. Delta County, North Fork of the Gunnison River. Anthony F. Zimmerman, c/o Mark E. Hamilton, Esq., CALOIA, HOUPT & HAMILTON P.C., 1204 Grand Ave., Glenwood Springs, CO 81601, 970-945-6067, [email protected]. Application for Water Storage Right: Name of Structure: Davenport Reservoir--Zimmerman Enlargement No. 1. Location: the initial point of survey is located at a point whence the NE corner of the NW¼ SE¼, Sec. 22, T. 14 S., R. 92 W., 6th P.M., bears N 44° E. 721 feet. Source: natural drainage, seep and waste water tributary to Bell Creek (also called Quackenbush Creek), tributary to the North Fork of the Gunnison River. Dam height: <10 feet. Storage capacity: 20.0 acre-feet. Surface area: approx. 3.12 acres. Approp. Date: 12/31/06. Amount: 20.0 acre-feet, including the right to fill and refill in priority. Uses: absolute for recreation, aesthetic and wildlife uses, conditional for irrigation and piscatorial purposes. Number of acres to be irrigated: approximately 10 acres located in the NW¼ SE¼ of Sec. 22, T. 14 S., R. 92 W. of the 6th P.M., Delta County, Colorado. Remarks: In C.A. 3503 (decree dated 05/28/1931), this structure was approved to store 20.0 acre-feet for irrigation purposes. This application is intended to expand the approved uses of this structure to include non-irrigation purposes, to confirm the right to refill this structure in priority for all uses, and to confirm the right to irrigate additional property. Land ownership: almost all of the land inundated by this structure and the dam itself are located upon Applicant’s property; a small portion of the inundated area may lie upon land owned by: Mark Scott Skelton, Jr., 25 Angela Lane, Edwards, CO 81632-8104 (3 pages). DELTA COUNTY.

CASE NO. 06CW253. APPLICATION FOR WATER RIGHTS OF WEST ELK PROPERTIES, LLC Applicant: West Elk Properties, LLC, c/o Mark Lucas, 601 S. 12th Street, Gunnison, CO 81230. The water rights claimed in this Application are to supply water for lawn and garden irrigation, recreational and piscatorial use in Applicant’s proposed Tomichi Subdivision and on an adjacent parcel upon which three dwellings will be constructed. The Tomichi Subdivision will be constructed on Parcel C, a 23.5-acre parcel, located approximately 1.5 miles southwest of the City of Gunnison in Gunnison County, Colorado. In addition, three homes will be constructed on Parcel B, a separate one-acre parcel which adjoins the west side of Parcel C and twenty single family homes will be constructed on Parcel C. Water for domestic in-house use and fire protection will be provided through the Gunnison County Dos Rios water system. Parcel B and Parcel C have historically been used for production of irrigated hay, and are irrigated under the Seventy Five Ditch which diverts from the Gunnison River in Water District

34 59. FIRST CLAIM (Application for Conditional Storage Right) Name of Reservoir: Friends Pond. Legal description of reservoir: Within the SW¼, SE¼, Section 10, Township 49 North, Range 1 West, N.M.P.M. The outlet works for Friends Pond will be located 320 feet north of the south section line and 2099 feet west of the east section line. Friends Pond will be an off- channel reservoir. Appropriation was initiated by site reconnaissance and formation of intent to construct pond concurring on December 1, 2006. Priority date claimed: December 1. 2006. Name and capacity of ditch used to fill reservoir: Seventy Five Ditch. Total net amount currently decreed to ditch is 48.15 cfs. Legal description of point of diversion: The Seventy Five Ditch headgate is located within the SW¼, SW¼, Section 2, Township 49 North, Range 1 West, N.M.P.M. The headgate is located on the left bank of the Gunnison River, at a point which the southwest corner Section 2, Township 49 North, Range 1 West, N.M.P.M., bears South 03º01’ West, 673 feet. Source: The pond will be excavated in the alluvium of Tomichi Creek and is expected to fill in part from groundwater tributary to Tomichi Creek and the Gunnison River and in part from surface water delivered through the Seventy Five Ditch. Amount claimed: 10.5 acre- feet conditional for recreation and piscatorial use. Rate of diversion for filling and refilling reservoir: 0.8 cfs. Surface area at high water line: Friends Pond: 1.31 acres. Maximum height of dam in feet: 2 feet. Length of dam in feet: 20 feet. Total capacity of reservoir: 10.5 acre-feet all of which is dead storage. Remarks: Friends Pond will be filled and refilled. SECOND CLAIM (Application for Underground Water Right). Name of Well: Friends Pond. Permit will be applied for when the plan for augmentation set forth below is approved. Legal Description of Well: Same as Friends Pond, see paragraph 5, above. Parcel on which well is located: Tomichi Subdivision, in the S½ Section 10 and the NE¼ Section 15, Township 49 North, Range 1 West, N.M.P.M. Source: Groundwater tributary to Tomichi Creek. Depth: 8 feet average. Amount Claimed: 6.5 gpm conditional. Use: Recreation and piscatorial. Appropriation was initiated by site reconnaissance and formation of intent to construct pond concurring on December 1, 2006. Priority date claimed: December 1, 2006. THIRD CLAIM (Application for Surface Water Right). Name of structure: Seventy Five Ditch West Elk Enlargement. Legal description of point of diversion: At the existing headgate of the Seventy Five Ditch the decreed location of which is within the SW¼, SW¼, Section 2, Township 49 North, Range 1 West, N.M.P.M. The headgate is located on the left bank of the Gunnison River, at a point which the southwest corner Section 2, Township 49 North, Range 1 West, N.M.P.M., bears South 03º01’ West a distance of 673 feet. Source: Gunnison River. Appropriation was initiated by formation of intent to use existing ditch to divert from Gunnison River and fill pond on December 1, 2006. Appropriation date claimed: December 1, 2006. Amount claimed: 0.8 cfs conditional. Use: Recreation and piscatorial in Friends Pond, located as described above. Remarks: The Seventy Five Ditch Enlargement will be used to fill and refill Friends Pond to the extent and at such times that ditch capacity is available over and above the amounts diverted for presently decreed irrigation use, and during the non-irrigation season when ditch and headgate conditions are suitable. No new ditch construction will be required. FOURTH CLAIM (Application for Approval of Plan for Augmentation). Names of structures to be augmented: Friends Pond, see conditional water rights for which are being sought in connection with this application. Water Rights to Be Used for Augmentation: Applicant’s 0.267 cfs interest in the 14 cfs Priority No. 1 right decreed to the Seventy Five Ditch on September 14, 1906 by the District Court, Gunnison County in Civil Action No. 1325 for irrigation of 560 acres with appropriation date of May 10, 1875. The decreed point of diversion is located within the SW¼, SW¼, Section 2, Township 49 North, Range 1 West, N.M.P.M. The headgate is located on the left bank of the Gunnison River, at a point which the southwest corner Section 2, Township 49 North, Range 1 West, N.M.P.M., bears South 03º01’ West a distance of 673 feet. The water right decreed to Blue Mesa Reservoir out of the Gunnison River in Case No. 80CW156 for 940,755 acre-feet with priority date of November 13, 1957 for domestic and municipal, irrigation and stock watering, industrial, hydropower, piscatorial, wildlife, recreation and other purposes. The initial point of survey of

35 Blue Mesa Dam is located at a point on the right abutment being the intersection of the center line of the axis of the dam and of the center line of the outlet works tunnel, whence the SW corner of Section 31, Township 49 North, Range 4 West, N.M.P.M. bears North 78º36’44” West a distance of 3,207.07 feet. Applicant will enter into a long-term contract with the United States of America or the Upper Gunnison River Water Conservancy District. Water is to be released from Blue Mesa Reservoir and delivered to the Gunnison River at the outlet works of Crystal Dam in Montrose County. Historic use: Applicant’s 0.267 cfs interest in the Priority No. 1 right decreed to the Seventy Five Ditch has been used historically on 16.44 acres of Parcel B and Parcel C. Parcels B are located generally in the S½SW¼SE¼ and E½SE¼SW¼ Section 10 and the N½N½NW¼NE¼ Section 15, Township 49 North, Range 1 West, N.M.P.M. The recorded historic diversions for the period 1986 – 2005 are on file at the offices of Bratton Hill, LLC, 232 W. Tomichi Ave., Suite 202, Gunnison, CO 81230. The estimated total consumptive use from irrigation of the 16.44 acres is 19.4 acre-feet per year. The water right decreed to Blue Mesa Reservoir has been historically used for all its decreed purposes. Statement of Plan for Augmentation: The Tomichi Subdivision Plan for Augmentation will provide augmentation for out-of-priority depletions resulting from pond evaporation on Friends Pond during the irrigation season from May 1 through September 30. The water rights to be used to provide augmentation for pond evaporation will be water rights decreed in the Seventy Five Ditch under Priority No. 1 as described in the foregoing paragraphs. The total augmentation requirement to replace pond evaporation is 3.38 acre-feet with 2.60 acre-feet occurring in the period May- September and 0.78 acre-feet occurring during the period October-April. The May-September depletions will be replaced using dry-up credits from removal of land from hay irrigation due to construction of roads, trails, driveways, Friends Pond and building footprints. The historic consumptive use of 2.77 acre-feet associated with 2.35 acres of dried up lands exceeds the consumptive use of 2.60 acre-feet for pond evaporation for Friends Pond for the period May 1 – September 30. The October-April depletions will be replaced either by Applicant’s participation in the Augmentation plan pending in Case No. 03CW49 or through a contract for water service from Blue Mesa Reservoir with the Upper Gunnison River Water Conservancy District at the Applicant’s election. A total of 3.95 acres of historically irrigated land will be converted to lawn and garden and irrigated by Applicant’s interest in the Seventy Five Ditch. Return flows from lawn and garden irrigation will return to Tomichi Creek at approximately the same locations as the historic return flows from irrigation of the hay meadows. Augmentation of pond evaporation between October 1 and April 30 will be provided under a separate plan for augmentation by purchasing water in the Aspinall Unit and participating in the Upper Gunnison River Water Conservancy District’s Aspinall Unit Plan for Augmentation. The amount of Applicant’s Priority No. 1 water rights to be committed to this plan for augmentation for replacement of depletions from pond evaporation during the period May 1 and September 30 is estimated to be 0.038 cfs. 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 pool: No modification to the Seventy Five Ditch will be made. Applicant, address above, is the owner of the land upon which the new structures are located. GUNNISON COUNTY.

CASE NO. 06CW254. Applicant: Whetstone Business Park, LLC, c/o John Councilman, Manager, P. O. Box 1270, Crested Butte, CO 81224. APPLICATION FOR WATER STORAGE RIGHT. Whetstone Park Pond. NW1/4, SE1/4, Section 12, Township 14 South, Range 86 West, 6th P.M. Whetstone Park Pond will be an off-channel reservoir and will be filled by Whetstone Park Well No. 2, which will have a capacity of 150 g.p.m. Legal description of point of diversion by Whetstone Well No. 2: NW1/4, SE1/4, Section 12, Township 14 South, Range 86 West, 6th P.M.; 1,350 feet from South section line and 2,170 feet from East section line.

36 Source: Groundwater tributary to the Slate River. Date of appropriation: December 26, 2006. Amount claimed: 2.04 acre-feet, conditional, for fire protection and irrigation purposes. Irrigation use will take place on 3.43 acres in NW1/4, SE1/4, Section 12, Township 14 South, Range 86 West, 6th P.M. The name and address of the owner of the land upon which a new diversion structure is located and upon which water is placed to beneficial use is: Applicant. GUNNISON COUNTY.

CASE NO. 06CW255. Applicant: Greg Peterson, c/o Razor Creek Ranch, LLC, 53466 East HWY 50, Gunnison, CO 81230. Application to Make Absolute: Peterson Reservoir – SW 1/4 SE 1/4 of Section 8, T48N, R3E, NMPM. 565 feet from the south and 1040 feet from the east section lines. Source: Gunnison River. Appropriation Date: 6/9/02. Amount Claimed: 95 acre feet for supplemental irrigation of 105 acres. GUNNISON COUNTY.

CASE NO. 06CW256. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS AND CONDITIONAL STORAGE RIGHTS, in San Miguel County. Applicant: John Friedman, P.O. Box 8564, Emeryville, CA 94662, (510) 406-0474; c/o Jennifer Russell, Russell & Pieterse, LLC, P.O. Box 2673, Telluride, Colorado 81435, (970) 728-5006. I. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS – EAST BEAVER POND SPRING. Name of structure: East Beaver Pond Spring. Legal description of point of diversion: Required Southeast Southwest1 Section Township Range Principal Description: 1/4 of the /4 24 42N 10W Meridian San Miguel N.M.P.M. County Distance from section lines: 278 Feet from the North section line and 2454 Feet from the East section line of Section 24 Optional Additional Description: GPS location information in UTM format

Were points Northing 4196386 Easting _243035 averaged? Yes Zone 13 Source: Spring tributary to the San Miguel River. The East Beaver Pond Spring is actually a series of small springs that sheet flow into Sunshine Pond #7. The amount claimed is an aggregation of all of the springs. Appropriation date: August 24, 2004, based upon retaining Rick Sherman to develop a water rights plan for the Sunshine Partnership’s property. The affidavit of Mr. Sherman, who has personal knowledge of the date of the initiation of the appropriation, is attached to the application as Exhibit 1. Amount claimed: 0.5 c.f.s, conditional. Proposed beneficial uses: Irrigation, wildlife habitat, piscatorial, domestic, augmentation and fire protection. The East Beaver Pond Spring may be used for such beneficial uses either directly or following storage in Sunshine Pond #7 and also will be used to replace evaporative loss from the pond. Irrigation use will be for up to 30 acres located in the SE1/4 of the SW 1/4, Sec. 24, T10N, R10W, N.M.P.M., San Miguel County, Colorado. Name of owner of land upon which the diversion will be located: The owner of the land upon which the diversion structure for the East Beaver Pond Spring will be located is the Sunshine Partnership. Applicant is a general partner of the Sunshine Partnership. II. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS – SUNSHINE FEN SPRING. Name of structure: Sunshine Fen Spring. Legal description of point of diversion:

37 Required Southeast Southwest Section Township Range Principal Description: 1/4 of the 1/4 24 42N 10W Meridian San Miguel N.M.P.M. County Distance from section lines: 1091 Feet from the North section line and 1907 Feet from the East section line of Section 24 Optional Additional Description: GPS location information in UTM format. Were points Northing 4196637 Easting 242864 averaged? Yes Zone 13 Source: Springs tributary to the San Miguel River. Appropriation date: August 24, 2004, based upon retaining Rick Sherman to develop a water rights plan for the Sunshine Partnership’s property. The affidavit of Mr. Sherman, who has personal knowledge of the date of the initiation of the appropriation, is attached to the application as Exhibit 1. Amount claimed: 0.5 c.f.s, conditional. Proposed beneficial uses: Irrigation, wildlife habitat, piscatorial, domestic, augmentation and fire protection. The Sunshine Fen Spring may be used for such beneficial uses either directly or following storage in Sunshine Ponds #2 through #6 and also will be used to replace evaporative loss from the ponds. Irrigation use will be for up to 30 acres located in the SW1/4 of the SW1/4, Sec. 24, T10N, R10W, N.M.P.M., San Miguel County, Colorado. Name of owner of land upon which the diversion will be located: The owner of the land upon which the diversion structure for the Sunshine Fen Spring will be located is the Sunshine Partnership. Applicant is a general partner of the Sunshine Partnership. III. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS – VANDERVEER DITCH. Name of structure: Vanderveer Ditch. Legal description of point of diversion: A point on the west bank of Sunshine Creek in the SE1/4 of the NW1/4, Sec. 25, T42N, R10W, N.M.P.M., San Miguel County, Colorado. This legal description is from the original decree for the Vanderveer Ditch. A more accurate legal description, and GPS coordinates, will be provided in the spring of 2007. Source: Sunshine Creek, tributary to the San Miguel River. Legal Description of Alternate Point of Diversion: A point in the SW1/4 of the NW1/4, Sec. 25, T42N, R10W, N.M.P.M., San Miguel County, Colorado. This legal description also is from the original decree for the Vanderveer Ditch. A more accurate legal description, and GPS coordinates, will be provided in the spring of 2007. Source of Alternate Point of Diversion: Sunshine Gulch, tributary to the San Miguel River. Appropriation date: August 24, 2004, based upon retaining Rick Sherman to develop a water rights plan for the Sunshine Partnership’s property. The affidavit of Mr. Sherman, who has personal knowledge of the date of the initiation of the appropriation, is attached to the application as Exhibit 1. Amount claimed: 2.6 c.f.s, conditional. Proposed beneficial uses: Irrigation, wildlife habitat, piscatorial, domestic, augmentation and fire protection. The Vanderveer Ditch may be used for such beneficial uses either directly or following storage in Sunshine Ponds #1 through #7 and also will be used to replace evaporative loss from the ponds. Irrigation use will be for up to 30 acres located in the SE1/4 of the SE1/4 and the SW1/4 of the SE1/4, Sec. 23; and the SW1/4 of the SW1/4 and the SE1/4 of the SW1/4, Sec. 24; T10N, R10W, N.M.P.M. NMPM, San Miguel County, Colorado. Name of owner of land upon which the diversion is located: The Vanderveer Ditch is a historic ditch. The owner of the land upon which the diversion structure for the Vanderveer Ditch is located is the Forest Service. The local ranger district is the Norwood Ranger District, P.O. Box 388, Norwood, Colorado 81423. IV. APPLICATION FOR CONDITIONAL STORAGE RIGHTS – SUNSHINE POND #1. Name of structure: Sunshine Pond #1. Legal description of location of dam:

38 Required Southwest Southeast Section Township Range Principal Description: 1/4 of the 1/4 23 42N 10W Meridian San Miguel N.M.P.M. County Distance from section lines: 278 Feet from the North section line and 1620 Feet from the East section line of Section 23 Optional Additional Description: GPS location information in UTM format. Were points Northing 4196378 Easting 241802 averaged? Yes Zone 13 Source: Vanderveer Ditch. Appropriation date: August 24, 2004, based upon retaining Rick Sherman to develop a water rights plan for the Sunshine Partnership’s property. The affidavit of Mr. Sherman, who has personal knowledge of the date of the initiation of the appropriation, is attached to the application as Exhibit 1. Fill Rate: 2.6 c.f.s. Amount: 3.65 acre-feet, conditional, including the right to continuously refill the pond for evaporative loss. Proposed Beneficial Uses: Irrigation, wildlife habitat, piscatorial, domestic, augmentation and fire protection. Irrigation use will be for up to 30 acres located at SE1/4 of the SE1/4 and the SW1/4,SE1/4, Section 23; and the SW1/4 of the SW1/4 and the SE1/4 of the SW1/4, Sec. 24; T10N, R10W, N.M.P.M. NMPM, San Miguel County, Colorado. Surface area of high water line: 0.73 acres. Total capacity of reservoir in acre feet: 3.65 acre-feet. Name of owner of land upon which the pond will be located: The owner of the land upon which the diversion structure for the Sunshine Pond #1 will be located is the Sunshine Partnership. Applicant is a general partner of the Sunshine Partnership. V. APPLICATION FOR CONDITIONAL STORAGE RIGHTS – SUNSHINE POND #2. Name of structure: Sunshine Pond #2. Legal description of location of dam: Required Southwest Southwest Section Township Range Principal Description: 1/4 of the 1/4 24 42N 10W Meridian San Miguel N.M.P.M. County Distance from section lines: 370 Feet from the North section line and 1071 Feet from the East section line of Section 24 Optional Additional Description: GPS location information in UTM format. Were points Northing 4196422 Easting 242615 averaged? Yes Zone 13 Sources: Vanderveer Ditch and Sunshine Fen Spring. Appropriation date: August 24, 2004, based upon retaining Rick Sherman to develop a water rights plan for the Sunshine Partnership’s property. The affidavit of Mr. Sherman, who has personal knowledge of the date of the initiation of the appropriation, is attached to the application as Exhibit 1. Fill Rate: 2.6 c.f.s. Amount: 0.76 acre-feet, conditional, including the right to continuously refill the pond for evaporative loss. Proposed Beneficial Uses: Irrigation, wildlife habitat, piscatorial, domestic, augmentation and fire protection. Irrigation use will be for up to 30 acres located in the SW1/4 of the SW1/4 and the SE1/4 of the SW1/4, Sec. 24, T42N, R10W, N.M.P.M., San Miguel County, Colorado. Surface area of high water line: 0.19 acres. Total capacity of reservoir in acre feet: 0.76 acre-feet. Name of owner of land upon which the pond will be located: The owner of the land upon which the diversion structure for the Sunshine Pond #2 will be located is the Sunshine Partnership. Applicant is a general partner of the Sunshine Partnership. VI. APPLICATION FOR CONDITIONAL STORAGE RIGHTS – SUNSHINE POND #3. Name of structure: Sunshine Pond #3. Legal description of location of dam:

39 Required Southeast Southwest Section Township Range Principal Description: 1/4 of the 1/4 24 42N 10W Meridian San Miguel N.M.P.M. County Distance from section lines: 434 Feet from the North section line and 1500 Feet from the East section line of Section 24 Optional Additional Description: GPS location information in UTM format. Were points Northing 4196434 Easting 242743 averaged? Yes Zone 13 Sources: Vanderveer Ditch and Sunshine Fen Spring. Appropriation date: August 24, 2004, based upon retaining Rick Sherman to develop a water rights plan for the Sunshine Partnership’s property. The affidavit of Mr. Sherman, who has personal knowledge of the date of the initiation of the appropriation, is attached to the application as Exhibit 1. Fill Rate: 2.6 c.f.s. Amount: 1.08 acre-feet, conditional, including the right to continuously refill the pond for evaporative loss. Proposed Beneficial Uses: Irrigation, wildlife habitat, piscatorial, domestic, augmentation and fire protection. Irrigation use will be for up to 30 acres located in the SE1/4 of the SW1/4, Sec. 24, T42N, R10W, N.M.P.M., San Miguel County, Colorado. Surface area of high water line: 0.27 acres. Total capacity of reservoir in acre feet: 1.08 acre-feet. Name of owner of land upon which the pond will be located: The owner of the land upon which the diversion structure for the Sunshine Pond #3 will be located is the Sunshine Partnership. Applicant is a general partner of the Sunshine Partnership. VII. APPLICATION FOR CONDITIONAL STORAGE RIGHTS – SUNSHINE POND #4. Name of structure: Sunshine Pond #4. Legal description of location of dam: Required Southeast Southwest Section Township Range Principal Description: 1/4 of the 1/4 24 42N 10W Meridian San Miguel N.M.P.M. County Distance from section lines: 518 Feet from the North section line and 1622 Feet from the East section line of Section 24 Optional Additional Description: GPS location information in UTM format. Were points Northing 4196465 Easting 242779 averaged? Yes Zone 13 Sources: Vanderveer Ditch and Sunshine Fen Spring. Appropriation date: August 24, 2004, based upon retaining Rick Sherman to develop a water rights plan for the Sunshine Partnership’s property. The affidavit of Mr. Sherman, who has personal knowledge of the date of the initiation of the appropriation, is attached to the application as Exhibit 1. Fill Rate: 2.6 c.f.s. Amount: 1.68 acre-feet, conditional, including the right to continuously refill the pond for evaporative loss. Proposed Beneficial Uses: Irrigation, wildlife habitat, piscatorial, domestic, augmentation and fire protection. Irrigation use will be for up to 30 acres located in the SE1/4 of the SW1/4, Sec. 24, T42N, R10W, N.M.P.M., San Miguel County, Colorado. Surface area of high water line: 0.42 acres. Total capacity of reservoir in acre feet: 1.68 acre-feet. Name of owner of land upon which the pond will be located: The owner of the land upon which the diversion structure for the Sunshine Pond #4 will be located is the Sunshine Partnership. Applicant is a general partner of the Sunshine Partnership. VIII. APPLICATION FOR CONDITIONAL STORAGE RIGHTS – SUNSHINE POND #5. Name of structure: Sunshine Pond #5. Legal description of location of dam:

40 Required Southeast Southwest Section Township Range Principal Description: 1/4 of the 1/4 24 42N 10W Meridian San Miguel N.M.P.M. County Distance from section lines: 709 Feet from the North section line and 1720 Feet from the East section line of Section 24 Optional Additional Description: GPS location information in UTM format. Were points Northing 4196521 Easting 242809 averaged? Yes Zone 13 Sources: Vanderveer Ditch and Sunshine Fen Spring. Appropriation date: August 24, 2004, based upon retaining Rick Sherman to develop a water rights plan for the Sunshine Partnership’s property. The affidavit of Mr. Sherman, who has personal knowledge of the date of the initiation of the appropriation, is attached to the application as Exhibit 1. Fill Rate: 2.6 c.f.s. Amount: 0.72 acre-feet, conditional, including the right to continuously refill the pond for evaporative loss. Proposed Beneficial Uses: Irrigation, wildlife habitat, piscatorial, domestic, augmentation and fire protection. Irrigation use will be for up to 30 acres located in the SE1/4 of the SW1/4, Sec. 24, T42N, R10W, N.M.P.M., San Miguel County, Colorado. Surface area of high water line: 0.18 acres. Total capacity of reservoir in acre feet: 0.72 acre-feet. Name of owner of land upon which the pond will be located: The owner of the land upon which the diversion structure for the Sunshine Pond #5 will be located is the Sunshine Partnership. Applicant is a general partner of the Sunshine Partnership. IX. APPLICATION FOR CONDITIONAL STORAGE RIGHTS – SUNSHINE POND #6. Name of structure: Sunshine Pond #6. Legal description of location of dam: Required Southeast Southwest Section Township Range Principal Description: 1/4 of the 1/4 24 42N 10W Meridian San Miguel N.M.P.M. County Distance from section lines: 901 Feet from the North section line and 1832 Feet from the East section line of Section 24 Optional Additional Description: GPS location information in UTM format. Were points Northing 4196579 Easting 242842 averaged? Yes Zone 13 Sources: Vanderveer Ditch and Sunshine Fen Spring. Appropriation date: August 24, 2004, based upon intent and retaining Rick Sherman to develop a water rights plan for the Sunshine Partnership’s property. The affidavit of Mr. Sherman, who has personal knowledge of the date of the initiation of the appropriation, is attached to the application as Exhibit 1. Fill Rate: 2.6 c.f.s. Amount: 0.84 acre-feet, conditional, including the right to continuously refill the pond for evaporative loss. Proposed Beneficial Uses: Irrigation, wildlife habitat, piscatorial, domestic, augmentation and fire protection. Irrigation use will be for up to 30 acres located in the SE1/4 of the SW1/4, Sec. 24, T42N, R10W, N.M.P.M., San Miguel County, Colorado. Surface area of high water line: 0.21 acres. Total capacity of reservoir in acre feet: 0.84 acre-feet. Name of owner of land upon which the pond will be located: The owner of the land upon which the diversion structure for the Sunshine Pond #6 will be located is the Sunshine Partnership. Applicant is a general partner of the Sunshine Partnership. X. APPLICATION FOR CONDITIONAL STORAGE RIGHTS – SUNSHINE POND #7. Name of structure: Sunshine Pond #7. Legal description of location of dam:

41 Required Southeast Southwest Section Township Range Principal Description: 1/4 of the 1/4 24 42N 10W Meridian San Miguel N.M.P.M. County Distance from section lines: 278 Feet from the North section line and 2454 Feet from the East section line of Section 24 Optional Additional Description: GPS location information in UTM format Were points Northing 4196386 Easting 243035 averaged? Yes Zone 13 Source: East Beaver Pond Spring and Vanderveer Ditch, tributary to the San Miguel River. Appropriation date: August 24, 2004, based upon retaining Rick Sherman to develop a water rights plan for the Sunshine Partnership’s property. The affidavit of Mr. Sherman, who has personal knowledge of the date of the initiation of the appropriation, is attached to the application as Exhibit 1. Fill Rate: 2.6 c.f.s. Amount: 2.24 acre-feet, conditional, including the right to continuously refill the pond for evaporative loss. Proposed Beneficial Uses: Irrigation, wildlife habitat, piscatorial, domestic, augmentation and fire protection. Irrigation use will be for up to 30 acres located in the SE1/4 of the SW1/4, Sec. 24, T42N, R10W, N.M.P.M., San Miguel County, Colorado. Surface area of high water line: 0.56 acres. Total capacity of reservoir in acre feet: 2.24 acre-feet. Name of owner of land upon which the pond will be located: The owner of the land upon which the diversion structure for the Sunshine Pond #7 will be located is the Sunshine Partnership. Applicant is a general partner of the Sunshine Partnership. General Remarks: The ten subject conditional water rights constitute an integrated water supply system for Applicant’s property. The total irrigated acreage for each water right is the total irrigated acreage of the integrated water supply system. SAN MIGUEL COUNTY.

CASE NO. 06CW257. Gunnison County, Gunnison River, Water District No. 4, Applicant: Eleanor McAuliffe, c/o Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor - P.O. Box 179, Gunnison, Colorado 81230, (970) 641-3326;Type of Application: Application for Surface Water Rights, Name of Structures: McAULIFFE SPRING and McAULIFFE SPRING NO. 2. Location: The McAuliffe Spring is located at a point in SE¼SW¼, Section 22, Township 14 South, Range 82 West, 6th P.M. approximately 700 feet North of the South Section Line and 2,300 feet East of the West Section Line; the McAuliffe Spring No. 2 is located at a point in SE¼SW¼, Section 22, Township 14 South, Range 82 West, 6th P.M. approximately 900 feet North of the South Section Line and 2,550 feet East of the West Section Line Drainage Basin: Tributary to Willow Creek, tributary to the Taylor River, tributary to the Gunnison River. Quantity: Applicant seeks 25 g.p.m. for the McAuliffe Spring and 25 g.p.m. for the McAuliffe Spring No. 2; Appropriation date: 1947; Use: For the McAuliffe Spring - domestic, irrigation of 12.5 acres of lawn and fire protection; for the McAuliffe Spring No. 2 - domestic use, irrigation of 4 acres of lawn and fire protection. Type of Structures: Springs. GUNNISON COUNTY.

AMENDED/CORRECTED CASE NO. 05CW226. Applicant: Richard and Cindy Hansen, 51180 Banner Road, Delta, CO 81416. Amended Application for Absolute Surface Water Rights, Water Storage Rights and Augmentation Plan. Application for Surface Water Rights: Spring No. 1 – Section 32, Township 51 N, Range 11 W, NMPM, 940 feet east of west section line and 915 feet south of north section line. Amount Claimed: 0.09 cfs absolute for

42 piscatorial, wildlife, livestock, recreation, irrigation and fire protection. Appropriation Date: 11/10/05. Spring No. 2 – Section 31, Township 51 N, Range 11 W, NMPM, 211 feet west of the east section line and 1082 feet south of the north section line. Amount Claimed: 0.03 cfs absolute for piscatorial, wildlife, livestock, recreation, irrigation and fire protection. Appropriation Date: 11/10/05. Roberts Ditch – Section 32, T51N, R11W, NMPM, 657 east of the west section line and 780 feet south of the north section line. Amount Claimed: 0.70 cfs absolute plus an additional 1.0 cfs absolute. Appropriation Date: for the additional 1.0 cfs was put to beneficial use in March 2006 when the diversion system was installed. Application for Storage Water Rights: Pond 1 – SW ¼ of the SW ¼ of Section 29, Township 51 N, Range 11 W, NMPM, 1006 east of west section line and 1240 feet north of the south section line. Amount Claimed: 6.3 acre feet absolute. Pond 2 – SW ¼ of the SW ¼ of Section 29, Township 51 N, Range 11 W, NMPM, 560 feet east of west section line and 843 feet north of south section line. Amount Claimed: 4.4 acre feet absolute. Pond 3 – SW ¼ of the SW ¼ of Section 29, Township 51 N, Range 11 W, NMPM, 537 feet east of west section line and 391 feet north of south section line. Amount Claimed: 9.4 acre feet absolute. Pond 4 – NW ¼ of the NW ¼ of Section 32, Township 51 N, Range 11 W, NMPM, 404 feet east of the west section line and 76 feet south of the north section line. Amount Claimed: 2.7 acre feet absolute. Pond 5 – NW ¼ of the NW ¼ of Section 32, Township 51 N, Range 11 W, NMPM, 482 feet east of the west section line and 345 feet south of the north section line. Amount Claimed: 4.8 acre feet absolute. Pond 6 – NW ¼ of the NW ¼ of Section 32, Township 51 N, Range 11 W, NMPM, 627 feet east of the west section line and 775 feet south of the north section line. Amount Claimed: 7.5 acre feet absolute. Source of all structures: un-named tributary to Roubideau Creek; the applicant’s UVWUA tail water and springs 1 and 2. Appropriation Date of all ponds: 6/25/05 for irrigation, livestock, piscatorial, wildlife, recreation and fire protection. Statement of Plan for Augmentation: The Hansen Augmentation Plan includes establishing absolute storage rights on 35.1 acre feet of water in six existing ponds. Ponds 3-6 will be used for augmentation. All ponds will be filled and refilled in priority. Each pond has 100% active storage and can be released quickly from lockable outlet structures. The augmentation plan includes making absolute, conditional filings granted in Case No. 99CW76 for 0.70 cfs. The absolute rights granted from the Roberts Ditch (0.55 cfs) and conditional filings (0.70 cfs) granted in this case along with absolute filings for Springs 1 and 2 in this application will be used for pond storage and augmentation during priority. The gross evaporative losses for 12 months for ponds 1-6 is 21.93 acre feet. The storage available for augmentation in ponds 3-6 is 24.4 acre feet. Ponds 1 and 2 would be left full with the augmentation releases. MONTROSE COUNTY.

CASE NO. 06CW123. Applicant: Gunnison Valley Partners, LLC, 2 North Cascade Avenue, Suite 1280, Colorado Springs, CO 80403 (Send all pleadings to John R. Hill, Jr., Bratton Hill, LLC, 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230 (970) 641-1903). DESCRIPTION OF PROJECT: This application is for the water supply for Gunnison Rising, a mixed land use development project in the Tomichi Valley (“the Project”). The water supply shall consist of ditches and two wells. This amended application proposes a plan for

43 augmentation in order to augment out-of-priority depletions resulting from calls from Tomichi Creek and from the Gunnison River downstream of Blue Mesa Reservoir. The Project will include residential housing, commercial/mixed use development, business park, conference center, federal/state office complex, RV resort village, business and research complex, equestrian center, parks, ponds and open space. The property is generally located in the N½ of Section 5, N½, NW¼SW¼, NE¼SW¼ Section 6, Township 49 North, Range 1 East, N.M.P.M.; NE¼NE¼, S½NE¼ Section 1, Township 49 North, Range 1 West, N.M.P.M.; S½ Section 30 less the NW¼SW¼, All of Section 31 less the Gunnison Cemetery which is located in the SE¼SE¼ Section 36, Township 50 North, Range 1 East, N.M.P.M. (“Project Land”). The property to be developed includes approximately 1,300 acres of which approximately 565 acres is currently irrigated meadow and pasture and the remainder is non-irrigated sage brush and rocky areas. Irrigation ultimately will be ceased on approximately 174.6 acres to accommodate streets, driveways, and buildings. Lands that are not dried up for the purposes described above will be converted to domestic lawn, landscape and garden uses, several ponds or will continue to be irrigated under existing water rights. Annual estimated potable water usage for the Project shall total approximately 1333.6 acre-feet for all types of development within the project. Return flows from all in-house use will be piped to the Gunnison waste water treatment plant, the outfall of which is located in the SW¼SE¼ Section 8, Township 49 North, Range 1 West, N.M.PM. and will return to the Gunnison River. The depletions due to in-house uses to Tomichi Creek and the Gunnison River between the reach of the Project and the outflow of the Gunnison wastewater treatment plat will be 100% of the amount diverted by the wells. The depletions to the Gunnison River downstream of the outflow of the treatment plant due to in-house uses will be equal to the consumptive use which is 5% of the amount diverted by the wells. In-house depletions will occur uniformly throughout the year. CLAIM NO. 1 (APPLICATION FOR UNDERGROUND WATER RIGHT) Name of well and permit, registration, or denial number. GARFIELD WELL NO. 1, Permit No. 236850 (exploratory). Legal description of well: At a point in the NW¼NE¼ Section 6, Township 49 North, Range 1 East, N.M.P.M., in Gunnison County, approximately 650 feet from the north line and 1120 feet from the east line of said Section 6. Source: Tomichi Creek Alluvium. Depth: 120 feet. Initiation of appropriation: Appropriation was initiated on June 19, 2002 by construction of exploratory well. Priority date claimed: June 19, 2002. Amount claimed: 500 gpm conditional out of the Tomichi Creek alluvium. Annual amount claimed: 250 acre-feet. Proposed use: Municipal (including domestic and lawn and landscape irrigation), commercial, industrial, stock watering, piscatorial, wildlife and recreation. CLAIM NO. 2 (APPLICATION FOR UNDERGROUND WATER RIGHT) Name of well and permit, registration, or denial number. GARFIELD WELL NO. 2, Permit No. 236851 (exploratory). Legal description of well: At a point in the NW¼NW¼ Section 5, Township 49 North, Range 1 East, N.M.P.M., in Gunnison County, approximately 1000 feet from the north line and 870 feet from the west line of said Section 5. Source: Tomichi Creek Alluvium. Depth: 93 feet. Initiation of appropriation: Appropriation was initiated on July 2, 2002 by construction of exploratory well. Priority date claimed: July 2, 2002. Amount claimed: 500 gpm conditional out of the Tomichi Creek alluvium. Annual amount claimed: 250 acre-feet. Proposed use: Municipal (including domestic and lawn and landscape irrigation), commercial, industrial, stock watering, piscatorial, wildlife and recreation. CLAIM NO. 3 (APPLICATION FOR CONDITIONAL STORAGE RIGHT) Name of reservoir: Gateway Ponds. Description: Gateway Ponds will be generally located within SW¼SE¼ & SE¼SW¼ of Section 31, Township 50 North, Range 1 East, N.M.P.M. Actual location of the Ponds will be determined by Applicant. Gateway Ponds will be off-channel below grade reservoirs and will be filled and refilled during the months of April through October by the water out of Priority No. 11 of the Gunnison and Tomichi Valley Ditch Association Ditch, Ditch No. 17 at the rate of 2.625 cfs. Physical capacity of the ditch is estimated by Water Division 4 to be 60 cfs. Gateway Ponds will be filled and refilled during the months of November through March by Adams Ranch Well, decreed for 0.1

44 cfs in Case No. 97CW144. Source: Tomichi Creek, a tributary of the Gunnison River. Facts relating to appropriation: Date of Appropriation: May 11, 2006. Appropriation was initiated by formation of intent to appropriate and site reconnaissance. This application is for a conditional water right, the water has not yet been applied to beneficial use. Amount claimed: 150 acre- feet, conditional. Proposed Uses: Recreation, piscatorial, wildlife and aesthetic purposes. Water stored in said ponds may also be used as replacement water. Surface area of high water line: A total of 15 acres for all ponds. Total capacity of reservoirs in acre feet: The total surface area of the ponds will be approximately 15.0 acres with an average depth of 10 feet. The total capacity of the ponds will be approximately 150 acre-feet of storage, all of which will be live storage. Actual capacity will be determined after construction and before filling. CLAIM NO. 4 (APPLICATION FOR CONDITIONAL STORAGE RIGHT) Name of reservoir: Peaceful Ponds. Description: Peaceful Ponds will be generally located within SE¼NW¼ & NE¼SW¼ of Section 31, Township 50 North, Range 1 East, N.M.P.M. Actual location of the Ponds will be determined by Applicant. Peaceful Ponds will be off-channel below grade reservoirs and will be filled and refilled during the months of April through October by the water out of Priority No. 11 of the Gunnison and Tomichi Valley Ditch Association Ditch, Ditch No. 17 at the rate of 2.625 cfs. Physical capacity of the ditch is estimated by Water Division 4 to be 60 cfs. Peaceful Ponds will be filled and refilled during the months of November through March by Adams Ranch Well, decreed for 0.1 cfs in Case No. 97CW144. Source: Tomichi Creek, a tributary of the Gunnison River. Facts relating to appropriation: Date of Appropriation: May 11, 2006. Appropriation was initiated by formation of intent to appropriate and site reconnaissance. This application is for a conditional water right, the water has not yet been applied to beneficial use. Amount claimed: 150 acre-feet, conditional. Proposed Uses: Recreation, piscatorial, wildlife and aesthetic purposes. Water stored in said ponds may also be used as replacement water. Surface area of high water line: 15 acres. Total capacity of reservoirs in acre feet: The total surface area of the ponds will be approximately 15.0 acres with an average depth of 10 feet. The total capacity of the ponds will be approximately 150 acre-feet of storage, all of which will be live storage. Actual capacity will be determined after construction and before filling. CLAIM NO. 5 (APPLICATION FOR CHANGE OF WATER RIGHT) Decreed name of structure for which change is sought: Gunnison and Tomichi Valley Ditch Association Ditch, Ditch No. 17, Priority No. 285. From previous decree: 2.625 cfs of Priority No. 11 decreed to Gunnison and Tomichi Valley Ditch Association Ditch, Ditch No. 17 in Civil Action No. 1325 in the District Court, Gunnison County for irrigation. The decreed location of the headgate is at a point on the southeast bank of the Gunnison River whence the east quarter corner of Section 8, Township 50 North, Range 1 East, N.M.P.M. bears South 70’30” East a distance of 1,085 feet. Source: Tomichi Creek, a tributary of the Gunnison River. Historic use: Irrigation of 124 acres in the S½ of Section 31, Township 50 North, Range 1 East, N.M.P.M. Applicant proposes to change the type of use place of use of 2.625 cfs from direct flow irrigation to storage to fill and refill Gateway Ponds and Peaceful Ponds for recreation, piscatorial, wildlife and aesthetic purposes while retaining the right to continue to use this right for irrigation. Applicant proposes to augment evaporation from the surface of Gateway Ponds and Peaceful Ponds through its plan for augmentation, more fully described below. CLAIM NO. 6 (APPLICATION FOR CHANGE OF WATER RIGHT) Decreed name of structure for which change is sought: Adams Ranch Well. From previous decree: Decreed conditional in Case No. 81CW178 for 45 gpm for irrigation, stockwater and domestic use with appropriation date of February 5, 1981 and adjudication date of December 31, 1981. This right was continued in force in Case No. 89CW4 and made absolute for 0.10 cfs for stockwater and irrigation of one acre. The domestic use was cancelled. The location is at a point in Section 31, Township 50 North, Range 1 East, N.M.P.M. approximately 1900 feet from the west line and 2300 feet from the north line of said Section 31. Source: Tomichi Creek, a tributary of the Gunnison River. Historic use: This well has been used for stockwater and irrigation. Applicant proposes to change the type of use and place of

45 use of the entire 0.10 cfs to fill and refill Gateway Ponds and Peaceful Ponds located as described herein for recreation, piscatorial, wildlife and aesthetic purposes. CLAIM NO. 7 (APPLICATION FOR CHANGE OF WATER RIGHT) Decreed name of structures for which change is sought: 7.137 cfs of Biebel Ditches Nos. 1 and 2, decreed combined as Priority No. 1 for irrigation by the District Court, Gunnison County on May 1, 1884 in Civil Action No. 946. The decreed location of the headgate of Ditch No. 1 is at a point on the north bank of Tomichi Creek from which the quarter corner between Sections 3 and 4, Township 49 North, Range 1 East, N.M.P.M. bears 73’ West a distance of 930 feet. Applicant will commit 2.49 cfs of Priority No. 1 from dry-up credits to this plan for augmentation. 35.255 cfs of Biebel Ditches Nos. 1 and 2, decreed combined as Priority No. 199 in Civil Action No. 2070 for irrigation. Applicant will commit 10.34 cfs of Priority No. 199 from dry-up credits to this plan for augmentation. 2.625 cfs of Priority No. 11 decreed to Gunnison and Tomichi Valley Ditch Association Ditch, Ditch No. 17 in Civil Action No. 1325 in the District Court, Gunnison County for irrigation; 1.75 cfs of Priority No. 76 decreed in Civil Action No. 1325, 1.375 cfs of Priority No. 94 decreed in Civil Action No. 1325, 5.0 cfs of Priority No. 283 decreed in Civil Action No. 2021 and 13.25 cfs of Priority No. 285. The decreed location of the headgate is at a point on the southeast bank of the Gunnison River whence the east quarter corner of Section 8, Township 50 North, Range 1 East, N.M.P.M. bears South 70’30” East a distance of 1,085 feet. Applicant will commit a total of 14.77 cfs from dry-up credits to this plan for augmentation. 0.580 cfs of Priority No. 19 decreed to the Gullet- Tomichi Irrigating Ditch, Ditch No. 19, in Civil Action No. 946 on May 1, 1884 for irrigation and 8.05 cfs of Priority No. 226 decreed in Civil Action No. 2079 on April 19, 1943. The decreed location of the headgate is on the north southeast bank of Tomichi Creek at a point from whence the NE corner of Section 5, Township 49 North, Range 1 East, N.M.P.M. bears North 27’ East a distance of 1915 feet. Applicant will commit a total of 2.69 cfs from dry-up credits to this plan for augmentation. Historic Use. Gunnison and Tomichi Valley Ditch Association, Ditch No. 17: Irrigation of 124 acres in the S½ of Section 31, Township 50 North, Range 1 East, N.M.P.M. Biebel Ditches Nos. 1 and 2: Irrigation of 107 acres in the N½ of Section 4; N½ of Section 5; N½ Section 6, Township 49 North, Range 1 East, N.M.P.M. Gullet-Tomichi Irrigating Ditch, Ditch No. 19: Irrigation of 15 acres in the N½ Section 5, Township 49 North, Range 1 East, N.M.P.M. Applicant proposes to change: The beneficial use of the foregoing water rights to municipal (including domestic and lawn and landscape irrigation), commercial, industrial, stock watering, piscatorial wildlife and recreation by using the historic consumptive use of said water rights as the replacement supply for the plan for augmentation outlined below. The place of use to all facilities served by Garfield Well No. 1 and Garfield Well No. 2 and Gateway Ponds and Peaceful Ponds. The point of diversion of the above referenced ditches to Garfield Well No. 1 and Garfield Well No. 2. CLAIM NO. 8 (APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION) Names of structures to be augmented: Garfield Well No. 1, Garfield Well No. 2, Gateway Ponds and Peaceful Ponds. Garfield Well Nos. 1 and 2 are the subject of an Application for Underground Water Rights and for Conditional Appropriative Rights of Exchange in Case No. 03CW285. Previous decrees to be used for augmentation: 7.137 cfs of Biebel Ditches Nos. 1 and 2, decreed combined as Priority No. 1 for irrigation by the District Court, Gunnison County on May 1, 1884 in Civil Action No. 946. The decreed location of the headgate of Ditch No. 1 is at a point on the north bank of Tomichi Creek from which the quarter corner between Sections 3 and 4, Township 49 North, Range 1 East, N.M.P.M. bears 73 West a distance of 930 feet. Applicant will commit 2.49 cfs of Priority No. 1 from dry-up credits to this plan for augmentation. 35.255 cfs of Biebel Ditches Nos. 1 and 2, decreed combined as Priority No. 199 in Civil Action No. 2070 for irrigation. Applicant will commit 10.34 cfs of Priority No. 199 from dry-up credits to this plan for augmentation. 2.625 cfs of Priority No. 11 decreed to Gunnison and Tomichi Valley Ditch Association Ditch, Ditch No. 17 in Civil Action No. 1325 in the District Court, Gunnison County for irrigation; 1.75 cfs of Priority No. 76 decreed in Civil Action No. 1325, 1.375 cfs of Priority No. 94 decreed in Civil Action No. 1325, 5.0 cfs of Priority

46 No. 283 decreed in Civil Action No. 2021 and 13.25 cfs of Priority No. 285. The decreed location of the headgate is at a point on the southeast bank of the Gunnison River whence the east quarter corner of Section 8, Township 50 North, Range 1 East, N.M.P.M. bears South 70’30” East a distance of 1,085 feet. Applicant will commit a total of 14.77 cfs from dry-up credits to this plan for augmentation. 0.580 cfs of Priority No. 19 decreed to the Gullet-Tomichi Irrigating Ditch, Ditch No. 19, in Civil Action No. 946 on May 1, 1884 for irrigation and 8.05 cfs of Priority No. 226 decreed in Civil Action No. 2079 on April 19, 1943. The decreed location of the headgate is on the north southeast bank of Tomichi Creek at a point from whence the NE corner of Section 5, Township 49 North, Range 1 East, N.M.P.M. bears North 27’ East a distance of 1915 feet. Applicant will commit a total of 2.69 cfs from dry-up credits to this plan for augmentation. The water right decreed to Blue Mesa Reservoir out of the Gunnison River in Case No. 80CW156 for 940,755 acre-feet with priority date of November 13, 1957 for domestic and municipal, irrigation and stock watering, industrial, hydropower, piscatorial, wildlife, recreation and other purposes. The initial point of survey of Blue Mesa Dam is located at a point on the right abutment being the intersection of the center line of the axis of the dam and of the center line of the outlet works tunnel, whence the SW corner of Section 31, Township 49 North, Range 4 West, N.M.P.M. bears North 78º36’44”West a distance of 3,207.07 feet. Applicant will enter into a long-term contract with the United States of America or the Upper Gunnison River Water Conservancy District. Water is to be released from Blue Mesa Reservoir and delivered to the Gunnison River at the outlet works of Crystal Dam in Montrose County. Historic use of water rights to be used for augmentation: Gunnison and Tomichi Valley Ditch Association, Ditch No. 17: Irrigation of 124 acres in the S½ of Section 31, Township 50 North, Range 1 East, N.M.P.M. Biebel Ditches Nos. 1 and 2: Irrigation of 107 acres in the N½ of Section 4; N½ of Section 5; N½ Section 6, Township 49 North, Range 1 East, N.M.P.M. Gullet- Tomichi Irrigating Ditch, Ditch No. 19: Irrigation of 15 acres in the NW¼ of Section 5; N½ Section 5, Township 49 North, Range 1 East, N.M.P.M. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1) (2) and 305(8): Dry up credits from the ditches described above will be used to replace depletions resulting from operation of Garfield Well No. 1 and Garfield Well No. 2 to Tomichi Creek from the Project to its confluence with the Gunnison River and replace depletions to the Gunnison River downstream of Tomichi Creek. Calculation of augmentation requirements for the Project’s augmentation plan: The total augmentation requirement will not exceed 153.4 acre-feet. Out of priority diversions by the Garfield Wells Nos. 1 and 2 for in-house domestic and commercial use will be augmented by dry-up credits as necessary during the months of April through October, and by releases of water as necessary out of the Wayne N. Aspinall Unit via contract with the United States of America or the Upper Gunnison Water Conservancy District during November through March. Applicant will enter into a water service contract with the United States of America or the Upper Gunnison River Water Conservancy District for up to 50 acre-feet of water or so much as the Court may determine is necessary to prevent injury to vested water rights and decreed conditional water rights downstream of Crystal Dam. Implementation of this plan for augmentation will be phased commensurate with build-out of the subdivision. The depletion amounts stated herein reflect the impacts at full build-out. 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 pool: No modifications to any of the ditches contained in this application will be made. New structures will be constructed on land owned by Applicant, address above. Remarks: The Project is still in the early stages of formation and Applicant reserves the right to reallocate the consumptive uses to various types of development within the Project in an amount not exceeding the historic consumptive use of the ditches named in the Application and the water contract purchasing water out of the Wayne N. Aspinall Unit outlined above. GUNNISON COUNTY.

47

CASE NO 06CW136. Applicant: Eddie Townsend, 12912 3100 Road, Hotchkiss, CO 81419. Amended Application for Storage Water Right: Townsend Pond No. 1 – NE 1/4 NE 1/4 NE 1/4, 100 feet from the north and 130 feet from the east section lines, source – Townsend Spring, tributary to Leroux Creek, appropriation date 7/20/06, amount claimed 1.652 acre feet conditional for fish, recreation and augmentation. DELTA COUNTY.

CASE NO. 06CW210. Applicant: Donald and Darlene Stanfield, 9376 60.97 Road, Montrose, CO 81401. Amended Application for Surface Water Rights: clarification of the location of the Stanfield Pipeline (aka Ramsey Pipeline W-2866, 79CW339) decreed in W-2768 - NE 1/4 NE 1/4 of Section 12, T46N, R6W, NMPM, 1144 feet from the north and 776 feet from the east section lines. Source: spring tributary to the Little Cimarron River. Appropriation Date: 7/15/69. Amount Claimed: .033 cfs absolute for domestic and stockwater. GUNNISON COUNTY.

YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 2007, 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 a Statement of Opposition must also be 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: $70.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). MONICA WOLF, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401.

48 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].

49 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:

Division 1 Roger A. Klein 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.

50 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 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

51