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, 2011. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:

CASE NO. 2011CW142 MONTROSE COUNTY 1. Applicant: Brooks Spring, L.L.C., c/o Marci Miles, P.O. Box 239, Montrose CO 81401 970-249-3398 by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR WATER RIGHTS (SURFACE) 2. Name of Structures: Miles Springs 1-10; Miles Ditch, 3. Legal Description of points of diversion: in the NW1/4. Section 32, Township 47 North, Range 12 West, N.M.P.M., Montrose County, as follows: Structure Q40 Q160 Sec T R PM Distance Sec Distance Sec (feet) line (feet) line Miles Spring 1 NE NW 32 47N 12W NM 4800 N 3500 W Miles Spring 2 SW NW 32 47N 12W NM 4900 N 3700 W Miles Spring 3 NW NW 32 47N 12W NM 4000 N 440 W Miles Spring 4 NW NW 32 47N 12W NM 880 N 1590 W Miles Spring 5 SE NW 32 47N 12W NM 530 N 880 W Miles Spring 6 NE NW 32 47N 12W NM 10 N 1320 W Miles Spring 7 NE NW 32 47N 12W NM 10 N 3000 W Miles Spring 8 NE NW 32 47N 12W NM 1740 N 3080 W Miles Spring 9 NE NW 32 47N 12W NM 1320 N 2700 W Miles Spring 10 NE NW 32 47N 12W NM 2600 N 3590 W Miles Ditch NE NW 32 47N 12W NM 1320 N 2700 W

4. Date of Appropriation: June 30, 2008 5. Amount and uses claimed (all conditional): #1: .033 cfs for domestic use in one cabin; #2: 0.1 cfs for stockwater, and the of two acres; #3: 0.1 cfs for stockwater, wildlife and the irrigation of two acres; #4: 0.3 c.f.s. for stockwater , wildlife and the irrigation of three acres; #5: 0.1 cfs for stockwater, wildlife and the irrigation of two acres; #6: 0.3 cfs for stockwater, wildlife and the irrigation of two acres; #7: 0.3 cfs for stockwater, wildlife and the irrigation of two acres; #8: 0.3 cfs for stockwater, wildlife and the irrigation of two acres; #9: 0.1 cfs for stockwater, wildlife and the irrigation of two acres; #10: 0.1 cfs for stockwater, wildlife and the irrigation of two acres; Miles Ditch: 1.0 c.f.s. for stockwater, wildlife and the irrigation of 40 acres; 6. Source of Water: Tumble Creek, tributary to the San Miguel River; 7. Comments: Miles Ditch is at the same location as the Tumble Creek Ditch, decreed in case 83CW33 and cancelled on March 3, 1988 for failure to show diligence. MONTROSE COUNTY

CASE NO. 2011CW143 APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. Concerning the Application for Water Rights of: COLORADO WATER CONSERVATION BOARD, IN NORTH FORK TABEGUACHE CREEK, A NATURAL , IN THE SAN MIGUEL WATERSHED, IN MONTROSE, COLORADO. 1. Name of Applicant: Colorado Water Conservation Board. Address of Applicant: 1313 Sherman Street, Suite 72, Denver, CO 80203, (303) 866-3441, c/o Scott Steinbrecher, Assistant Attorney General, 1525 Sherman Street, 7th Floor, Denver, CO 80203, telephone: 303 866-5017. 2. Name of natural stream: North Fork Tabeguache Creek tributary to Tabeguache Creek tributary to the San Miguel River. 3. Location: The natural stream channel from the headwaters extending to the confluence with Tabeguache Creek, being a distance of approximately 9.67 miles. This segment can be located on the Starvation Point, and Windy Point U.S.G.S. quadrangles. a. Upper Terminus = Headwaters in the Vicinity of: PLSS: NE NW Section 4, Township 48 North, Range 15 West of the NM PM, 1300’ East of the West Section Line, 2180’ South of the North Section Line, UTM: Northing: 4262098.53 Easting: 191913.33 (NAD 1983 Zone 13 North), Lat/Long: latitude 38° 27’ 14.47”N and longitude 108° 31’ 49.57”W. b. Lower Terminus = Confluence with Tabeguache Creek at PLSS: NE NE Section 36, Township 48 North, Range 15 West of the NM PM, 190’ West of the East Section Line, 19’ South of the North Section Line, UTM: Northing: 4253516.36 Easting: 197554.38 (NAD 1983 Zone 13 North) Lat/Long: latitude 38° 22’ 43.49”N and longitude 108° 27’ 43.97”W. The Public Land Survey System (PLSS) location in this decree was derived using 2005 PLSS data from the U.S. Bureau of Land Management’s Geographic Coordinate Database. Termini locations derived using CWCB’s GIS system. 4. Date of initiation of appropriation: Appropriation and beneficial use occurred on January 25, 2011 by the action of the CWCB under the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. 5. Amount of water claimed: Instream flow of 2.3 cfs (May 1 – June 30), 1.4 cfs (July 1 –August 14), 0.75 cfs (August 15 – March 31) and 1.4 cfs (April 1 – April 30), absolute. 6. Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. 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 May 18, 2011, 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. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. MONTROSE COUNTY.

CASE NO. 2011CW144. APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. Concerning the Application for Water Rights of: COLORADO WATER CONSERVATION BOARD, IN TABEGUACHE CREEK, A NATURAL STREAM, IN THE SAN MIGUEL WATERSHED, IN MONTROSE, COLORADO. 1. Name of Applicant: Colorado Water Conservation Board, Address of Applicant:1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. c/o Scott Steinbrecher, Assistant Attorney General, 1525 Sherman Street, 7th Floor, Denver, CO 80203, telephone: 303 866-5017. 2. Name of natural stream: Tabeguache Creek tributary to the San Miguel River. 3. Location: The natural stream channel from the confluence with North Fork Tabeguache Creek extending to the confluence with Forty-Seven Creek, being a distance of approximately 3.66 miles. This segment can be located on the Starvation Point, Big Bucktail Creek and Nucla U.S.G.S. quadrangles. a. Upper Terminus = Confluence with North Fork Tabeguache Creek at: PLSS: NE NE Section 36, Township 48 North, Range 15 West of the NM PM, 190’ West of the East Section Line, 19’ South of the North Section Line,UTM: Northing: 4253516.36 Easting: 197554.38 (NAD 1983 Zone 13 North), Lat/Long: latitude 38° 22’ 43.49”N and longitude 108° 27’ 43.97”W. b. Lower Terminus = Confluence with Forty-Seven Creek at PLSS: NE SE Section 33, Township 48 North, Range 15 West of the NM PM, 280’ West of the East Section Line, 2130’ North of the South Section Line, UTM: Northing: 4252653.68 Easting: 192633.18 (NAD 1983 Zone 13 North) Lat/Long: latitude 38° 22’ 9.52”N and longitude 108° 31’ 5.07”W. The Public Land Survey System (PLSS) location in this decree was derived using 2005 PLSS data from the U.S. Bureau of Land Management’s Geographic Coordinate Database. Termini locations derived using CWCB’s GIS system. 4. Date of initiation of appropriation: Appropriation and beneficial use occurred on January 25, 2011 by the action of the CWCB under the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. 5. Amount of water claimed: Instream flow of 3.5 cfs (April 1 – June 30), 2.0 cfs (July 1 –October 31), and 1.6 cfs (November 1 – March 31), absolute. 6. Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. 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 May 18, 2011, 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. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. MONTROSE COUNTY.

CASE NO. 2011CW145. APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. Concerning the Application for Water Rights of: COLORADO WATER CONSERVATION BOARD, IN RED CANYON CREEK, A NATURAL STREAM, IN THE SAN MIGUEL WATERSHED, IN MONTROSE, COLORADO. 1. Name of Applicant: Colorado Water Conservation Board, Address of Applicant: 1313 Sherman Street, Suite 721, Denver, CO 80203 (303) 866-3441. c/o Scott Steinbrecher, Assistant Attorney General, 1525 Sherman Street, 7th Floor, Denver, CO 80203, telephone: 303 866-5017. 2. Name of natural stream: Red Canyon Creek tributary to Horsefly Creek tributary to the San Miguel River. 3. Location: The natural stream channel from the confluence with Big A Creek extending to the confluence with Horsefly Creek, being a distance of approximately 2.69 miles. This segment can be located on the Antone Spring and Sanborn Park U.S.G.S. quadrangles. a. Upper Terminus = Confluence with Big A Creek at: PLSS: SW NW Section 4, Township 46 North, Range 12 West of the NM PM,159’ East of the West Section Line, 1691’ South of the North Section Line, UTM: Northing: 4240822.17 Easting: 219603.08 (NAD 1983 Zone 13 North), Lat/Long: latitude 38° 16’ 18.13”N and longitude 108° 12’ 18.56”W. b. Lower Terminus = Confluence with Muddy Creek at PLSS: NW SW Section 17, Township 46 North, Range 12 West of the NM PM, 177’ East of the West Section Line, 2630’ North of the South Section Line, UTM: Northing: 4237312.91 Easting: 217885.59 (NAD 1983 Zone 13 North) Lat/Long: latitude 38° 14’ 22.51”N and longitude 108° 13’ 24.10”W. The Public Land Survey System (PLSS) location in this decree was derived using 2005 PLSS data from the U.S. Bureau of Land Management’s Geographic Coordinate Database. Termini locations derived using CWCB’s GIS system. 4. Date of initiation of appropriation: Appropriation and beneficial use occurred on January 25, 2011 by the action of the CWCB under the provisions of §§ 37-92-102(3) and (4) and 37- 92-103(3), (4) and (10), C.R.S. 5. Amount of water claimed: Instream flow of 1.2 cfs (May 1 – June 30), 0.5 cfs (July 1 –October 31), and 0.25 cfs (November 1 – April 30), absolute. 6. Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. 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 May 18, 2011, 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. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. MONTROSE COUNTY.

CASE NO. 2011CW146. Gunnison and Hinsdale Counties – Application for Water Rights (Surface) 1. Name, address, telephone number of applicant: United States of America, c/o Kristen C. Guerriero, #32663, Special Assistant U.S. Attorney, Office of the Regional Solicitor , 755 Parfet Street, Suite 151, Lakewood, Colorado 80215, Phone:(303) 231-5353, x552, Facsimile:(303) 231-5363. 2. Name of structures: Joan Spring, Swamp Feeder Spring, 10,000 Feet Spring, Cow Sink Spring, Windrow Spring, Bugle Spring, Turhune Spring 3. Legal description of each point of diversion: All UTM data are from Zone 13 and use the NAD83 (Conus) Datum. Joan Spring: Located on public lands in the NW/4 NW/4, Section 34, T45N R3W, N.M.P.M., approximately 650 feet south of the north section line and 125 feet east of the west section line. 306508mE 4220549mN Swamp Feeder Spring: Located on public lands in the SE/4 NW/4, Section 17, T45N R2W, N.M.P.M., approximately 2050 feet south of the north section line and 1,950 feet east of the west section line. 314130mE 4224768mN 10,000 Feet Spring: Located on public lands in the NW/4 SW/4, Section 21, T45N R3W, N.M.P.M., approximately 2,100 feet north of the south section line and 1000 feet east of the west section line. 315411mE 4222783mN Cow Sink Spring: Located on public lands in the SE/4 NE/4, Section 18, T45N R3W, N.M.P.M., approximately 1400 feet south of the north section line and 1310 feet west of the east section line. 313138mE 4224993mN Windrow Spring: Located on public lands in the SE/4 SW/4, Section 17, T45N R3W, N.M.P.M., approximately 100 feet north of the south section line and 1800 feet east of the west section line. 303354mE 4224136mN Elk Bugle Spring: Located on public lands in the SE/4 SW/4, Section 17, T45N R3W, N.M.P.M., approximately 300 feet north of the south section line and 1725 feet east of the west section line. 303322mE 4224204mN Turhune Spring: Located on public lands in the SE/4 SW/4, Section 17, T45N R3W, N.M.P.M., approximately 1225 feet north of the south section line and 1400 feet east of the west section line. 303224mE 4224484mN 4. Sources: Joan Spring: Unnamed tributary to Devil’s Canyon/Brush Creek/Mill Creek/Cebolla Creek/Gunnison River Swamp Feeder Spring, Cow Sink Spring: Unnamed tributary to Middle Fork Powderhorn Creek/Powderhorn Creek/Cebolla Creek/Gunnison River 10,000 Feet Spring: Unnamed tributary to East Fork Powderhorn Creek/Powderhorn Creek/Cebolla Creek/Gunnison River Windrow Spring, Elk Bugle Spring, Turhune Spring: Unnamed tributary to Fourth of July Creek/Lake Fork Gunnison River/Gunnison River 5. A. Date of appropriation: 06/28/1934 B. How appropriation was initiated: BLM authorized use of these grazing allotments and their associated water sources by grazing permittees. C. Date water applied to beneficial use: 06/28/1934 6. Amount claimed: 0.0165 cfs for each spring, absolute 7. Use: livestock, wildlife, recreation. The springs provide water, forage and cover for elk, mule deer, bear, raptors, and small mammals. In addition, the springs provide water for recreationists who are accessing the Powderhorn Wilderness Area. The springs also provide water for livestock as follows: Joan Spring, Windrow Spring, Elk Bugle Spring, Turhune Spring: The springs provide water for a herd of up to 1,000 sheep in the Devil’s Lake Grazing Allotment. Swamp Feeder Spring, 10,000 Feet Spring, Cow Sink Spring: The springs provide water for a herd of up to 106 cattle on the Powderhorn Grazing Allotment. 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Gunnison Field Office, 650 South 11th St., Gunnison, CO 81230. HINSDALE AND GUNNISON COUNTIES.

CASE NO. 2011CW147. Mesa County – Application for Water Rights (Surface) 1. Name, address, telephone number of applicant: United States of America, Department of Interior, Bureau of Land Management, Grand Junction Field Office, c/o Kristen C. Guerriero, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215,Telephone (303) 231-5353, extension 552. 2. Name of Structures: Indian Seep 3. Legal description of each point of diversion: Located on public lands in the NE/4 NE/4, Section 23, T13S R98W, Sixth P.M., approximately 1200 feet south of the north section line and 550 feet west of the east section line. 4310262mN 733573mE NAD 83, Zone 12S 4. Source: Indian Creek/Kannah Creek/Gunnison River/Colorado River 5 A. Date of appropriation: 12/31/2011 B. How appropriation was initiated: BLM personnel inventoried the quality and quantity of water available for livestock and wildlife management purposes and provided public notice of the appropriation via a water court application. C. Date water applied to beneficial use: 12/31/2011 6.Amount claimed: 0.033 cfs, absolute 7. Uses: Livestock and wildlife. The seep provides water, forage, and cover for bear, elk, deer, small mammals, amphibians, and birds. The spring also provides water for up to 1938 cattle in the Kannah Creek Common Grazing Allotment. 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Grand Junction Field Office, 2815 H Road, Grand Junction, CO 81506. MESA COUNTY.

CASE NO. 2011CW148. Gunnison and Saguache Counties – Application for Water Rights (Surface) 1. Name, address, telephone number of applicant: United States of America, c/o Kristen C. Guerriero, #32663, Special Assistant U.S. Attorney, Office of the Regional Solicitor , 755 Parfet Street, Suite 151, Lakewood, Colorado 80215, Phone:(303) 231-5353, x552, Facsimile:(303) 231-5363.2. Name of structures: State Spring, Tomichi Spring, East Vado Spring, Blue Monday Spring, Hidden Spring, Lower Cochetopa Spring #3, Steers Gulch Spring #25, Escondida Spring, Pit Spring 83103, Alder Creek Spring, Cabin Creek Spring #1 3. Legal description of each point of diversion: All UTM data are from Zone 13 and use the NAD83 (Conus) Datum. State Spring: Located on public lands in the NW/4 SE/4, Section 36, T49N R2E, N.M.P.M., approximately 2,550 feet north of the south section line and 1,500 feet west of the east section line. 351885mE 4258773mN Tomichi Spring: Located on public lands in the NE/4 SE/4, Section 31, T49N R3E, N.M.P.M., approximately 2,425 feet north of the south section line and 200 feet west of the east section line. 353881mE 4258738mN East Vado Spring: Located on public lands in the SE/4 SE/4, Section 13, T48N R2E, N.M.P.M., approximately 900 feet north of the south section line and 100 feet west of the east section line. 352265mE 4253427mN Blue Monday Spring: Located on public lands in the NW/4 SE/4, Section 14, T49N R3E, N.M.P.M., approximately 2,350 feet north of the south section line and 1,750 feet west of the east section line. 359830mE 4263397mN Hidden Spring: Located on public lands in the NW/4 NW/4, Section 17, T49N R1E, N.M.P.M., approximately 775 feet south of the north section line and 425 feet east of the west section line. 334974mE 4264494mN Lower Cochetopa Spring #3: Located on public lands in the NW/4 SE/4, Section 36, T49N R1E, N.M.P.M., approximately 1,800 feet south of the north section line and 900 feet east of the west section line. 336637mE 4260926mN Steers Gulch Spring #25: Located on public lands in the NW/4 SE/4, Section 4, T50N R1W, N.M.P.M., approximately 1,700 feet north of the south section line and 2,475 feet west of the east section line. 327930mE 4276632mN Escondida Spring: Located on public lands in the SW/4 SE/4, Section 12, T47N R2E, N.M.P.M., approximately 75 feet north of the south section line and 1,475 feet west of the east section line. 351897mE 4245244mN Pit Spring 83103: Located on public lands in the SE/4 NW/4, Section 17, T48N R2W, N.M.P.M., approximately 1,525 feet south of the north section line and 2,550 feet east of the west section line. 314698mE 4254193mN Alder Creek Spring: Located on public lands in the NE/4 SE/4, Section 36 (irregular section), T50N R2E, N.M.P.M., approximately 2,575 feet north of the south section line and 550 feet west of the east section line. 352322mE 4268415mN Cabin Creek Spring #1: Located on public lands in the SW/4 NE/4, Section 19, T50N R1E, N.M.P.M., approximately 2,450 feet south of the north section line and 1,800 feet west of the east section line. 343965mE 4271531mN 4. Sources: State Spring: Unnamed tributary to Houston Gulch/Tomichi Creek/Gunnison River Tomichi Spring: Unnamed tributary to Tomichi Creek/Gunnison River East Vado Spring: Long Gulch – tributary to Razor Creek/Tomichi Creek/Gunnison River Blue Monday Spring: Unnamed tributary to Tomichi Creek/Gunnison River Hidden Spring: Unnamed tributary to Tomichi Creek/Gunnison River Lower Cochetopa Spring #3: Chance Gulch – tributary to Gunnison River Steers Gulch Spring #25: Maggie Gulch – tributary to Ohio Creek/Gunnison River Escondida Spring: Unnamed tributary to Spruce Gulch/Prosser Creek/Razor Creek/Tomichi Creek/Gunnison River Pit Spring 83103: Unnamed tributary to Gunnison River Alder Creek Spring: Alder Creek -- tributary to Quartz Creek/Tomichi Creek/Gunnison River Cabin Creek Spring #1: Unnamed tributary to Cabin Creek/Tomichi Creek/Gunnison River 5. A. Date of appropriation: 06/28/1934 B. How appropriation was initiated: BLM authorized use of these allotments and their associated water sources by grazing permittees. C. Date water applied to beneficial use: 06/28/1934 6. Amount claimed: State Spring: 0.0044 cfs, absolute Tomichi Spring: 0.0006 cfs, absolute East Vado Spring: 0.0006 cfs, absolute Blue Monday Spring: 0.0006 cfs, absolute Hidden Spring: 0.0006 cfs, absolute Lower Cochetopa Spring #3: 0.0006 cfs, absolute Steers Gulch Spring #25: 0.0006 cfs, absolute Escondida Spring: 0.0006 cfs, absolute Pit Spring 83103: 0.0006 cfs, absolute Alder Creek Spring: 0.0044 cfs, absolute Cabin Creek Spring #1: 0.0044 cfs, absolute 7. Use: livestock and wildlife. The springs provide water for Gunnison Sage Grouse, elk, mule deer, pronghorn antelope, migratory birds. State Spring: The spring provides water for a herd of up to 560 cattle in the South Parlin Flats Common Grazing Allotment. Tomichi Spring: The spring provides water for a herd of up to 560 cattle in the South Parlin Flats Common Grazing Allotment. East Vado Spring: The spring provides water for a herd of up to 560 cattle in the South Parlin Flats Common Grazing Allotment. Blue Monday Spring: The spring provides water for a herd of up to 273 cattle in the Woods Gulch Common Grazing Allotment. Hidden Spring: The spring provides water for a herd of up to 50 cattle in the Lower Cochetopa Common Grazing Allotment. Lower Cochetopa Spring #3: The spring provides water for a herd of up to 50 cattle in the Lower Cochetopa Common Grazing Allotment. Steers Gulch Spring #25: The spring provides water for a herd of up to 690 cattle in the Antelope Creek Grazing Allotment. Escondida Spring: The spring provides water for a herd of up to 103 cattle in the Camp Kettle Gulch Grazing Allotment. Pit Spring 83103: The spring provides water for a herd of up to 1262 cattle in the Iola Grazing Allotment. Alder Creek Spring: The spring provides water for a herd of up to 800 cattle in the Alder Creek Common Grazing Allotment. Cabin Creek Spring #1: The spring provides water for a herd of up to 800 cattle in the Cabin Creek Common Grazing Allotment. 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Gunnison Field Office, 650 South 11th St., Gunnison, CO 81230. GUNNISON AND SAGUACHE COUNTIES.

CASE NO. 2011CW149. Mesa County – Application for Water Rights (Surface) 1. Name, address, telephone number of applicant: United States of America, Department of Interior, Bureau of Land Management, Grand Junction Field Office, c/o Kristen C. Guerriero, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215,Telephone (303) 231-5353, extension 552. 2. Name of structures: King’s Canyon Spring, East Tom’s Canyon Spring #3,Spring Creek Spring , #3, Hank’s Spring 3. Legal description of each point of diversion: King’s Canyon Spring - Located on public lands in the NE/4 SE/4, Section 35, T12S R104W, Sixth P.M., approximately 1775 feet north of the south section line and 675 feet west of the east section line. 4315194mN 675227mE NAD 83, Zone 12S East Tom’s Canyon Spring #3 - Located on public lands in the NW/4 SW/4, Section 31, T12S R103W, Sixth P.M., approximately 1900 feet north of the south section line and 300 feet east of the west section line. 4315264mN 677152mE NAD 83, Zone 12S Spring Creek Spring #3 - Located on public lands in the SW/4 NE/4, Section 21, T13S R104W, Sixth P.M., approximately 2275 feet south of the north section line and 2275 feet west of the east section line. 4308994mN 671587mE NAD 83, Zone 12S Hank’s Spring - Located on public lands in the SW/4 NE/4, Section 21, T13S R104W, Sixth P.M., approximately 2,640 feet south of the north section line and 2375 feet west of the east section line. 4308875mN 671549mE NAD 83, Zone 12S 4. Source: King’s Canyon Spring: King’s Canyon/Little Dolores River/Dolores River East Tom’s Canyon Spring #3: Unnamed tributary to Tom’s Canyon/Little Dolores River/Dolores River Spring Creek Spring #3, Hank’s Spring: Unnamed tributaries to Spring Creek/Coates Creek/Colorado River 5. A. Date of appropriation: 12/31/2011 B. How appropriation was initiated: BLM personnel inventoried the quality and quantity of water available for livestock and wildlife management purposes and provided public notice of the appropriation via a water court application. C. Date water applied to beneficial use: 12/31/2011 6. Amount claimed: King’s Canyon Spring: 0.0022 cfs, absolute East Tom’s Canyon Spring #3: 0.0033 cfs, absolute Spring Creek Spring #3: 0.0022 cfs, absolute Hank’s Spring: 0.0011 cfs, absolute 7.Uses: King’s Canyon Spring: wildlife East Tom’s Canyon Spring #3: livestock and wildlife Spring Creek Spring #3: livestock and wildlife Hank’s Spring: livestock and wildlife. The springs provide water for bear, elk, deer, small mammals, and birds. The springs also provide forage and cover for wildlife use. East Tom’s Canyon Spring #3 provides water for a herd of up to 68 cattle in the East Tom’s Canyon’s Grazing Allotment. Spring Creek Spring #3 and Hank’s Spring provide water for a herd of up to 381 cattle in the Spring Creek Grazing Allotment. 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Grand Junction Field Office, 2815 H Road, Grand Junction, CO 81506. MESA COUNTY.

CASE NO. 2011CW150. APPLICATION FOR ABSOLUTE SURFACE WATER RIGHT, Applicant: Nancy Branyas and Vernon Petri, c/o Michael F. Deneen, Esq., Deneen & Associates, P.C, P.O. Box 3679, Montrose, CO 81402. Name of Structure: Branyas Spring located in SW1/4SW1/4, T42N, R11W NMPM 1263 ft. north of the south section line and 224 ft. east of the west section line Source: Fall Creek tributary to the San Miguel River. Date of appropriation: August 1, 2011. Amount claimed:15 gpm for domestic use and landscape irrigation up to 1 acre contiguous to the residence. SAN MIGUEL COUNTY.

CASE NO. 2011CW151. Concerning the Revised Abandonment List of) Water Rights in Water Division No. 4) Revised Abandonment List. Notice is hereby given that pursuant to section 37-92-401(4) C.R.S. (2011), the Division Engineer for Water Division No. 4, in consultation with the State Engineer, has developed a revised abandonment list which contains those water rights that the Division Engineer has determined to have been abandoned in whole or in part. The revised abandonment list, when concluded by judgment and decree, shall be conclusive as to the water rights determined to have been abandoned. Pursuant to section 37-92-401(4), C.R.S. (2011), the revised abandonment list may be inspected after December 31, 2011, at the offices of the State Engineer, Division Engineers, Water Commissioners, and the Clerk of the Water Court during regular office hours. Additionally, the revised abandonment list is available online at: http://water.state.co.us/DWRDocs/Reports/Pages/Abandonment.aspx. The Division Engineer will furnish or mail a copy of the Water Division No. 4 revised abandonment list to anyone requesting one upon payment of ten dollars ($10.00). Any person who wishes to protest the inclusion of any water rights on the revised abandonment list shall file a written protest with both the Water Clerk for the Division No. 4 Water Court and provide a copy to the Division Engineer in accordance with the procedures set forth in section 37-92-401(5), C.R.S (2011). A form for such protest is available at: http://www.courts.state.co.us/Forms. All such protests shall be filed no later than June 30, 2012. The fee for filing such a protest with the Water Clerk shall be forty-five dollars ($45.00), payable to the Water Clerk. The State Engineer or Division Engineer may request the Division No. 4 Water Court order the physical abandonment of diversion structures no longer associated with any decreed water rights as a result of this revised abandonment list. Bob Hurford, Division Engineer, Dick Wolfe, State Engineer.

CASE NUMBER 2011CW152 DELTA COUNTY, GUNNISON RIVER, WATER DISTRICT NO. 4 1. NAME, ADDRESS AND PHONE NUMBER OF APPLICANT: Zachary T. Meyer, P.O. Box 665, Hotchkiss, CO 81419. 2. ATTORNEY FOR APPLICANT: James R. Briscoe, Briscoe & Associates, P.C., P.O. Box 120, Hotchkiss, CO 81419; 970-872-3118. 3. Application for Water Rights (Surface). 4. NAME OF STRUCTURE OR PLAN: Meyer-Carsten Collection Gallery. 5. LOCATION: NE¼NE¼, Section 31, Township 14 S, Range 92 W, 6th P.M. 0 Feet from North section line and 398 feet from East section line. 6. Tributary to North Fork of the Gunnison River. 7. QUANTITY: .35 cfs; APPROPRIATION DATE: July 1, 1991. 8. TYPE OF USE: Domestic, Irrigation/sprinkling, aesthetics of view and sound, and wildlife enrichment. 9. TYPE OF STRUCTURE. Ditch. 10. LEGAL DESCRIPTION OF ACREAGE IRRIGATED OR TO BE IRRIGATED: Part of the NE¼NE¼ of Section 31, Township 14 South, Range 92 West of the 6th P.M., beginning 321’ East of the NW corner, thence S. 40 rods, East 999’; N 40 rods, West 999’ to point of beginning, County of Delta, State of Colorado. 11. ADDITIONAL INFORMATION NECESSARY TO COMPLY WITH THE STATUTE OR TO ASSIST IN GIVING NOTICE OF THE SPECIFIC WATER RIGHT SOUGHT. Bob Starr, then the local water commissioner, viewed the area with Applicant and provided information and his experience as an aid to Applicant in making decisions and performing the work to complete the system comprising the gallery, ditches and pond. ABSOLUTE. DELTA COUNTY.

CASE NUMBER 2011CW153 DELTA COUNTY, GUNNISON RIVER, WATER DISTRICT NO. 4 1. NAME, ADDRESS AND PHONE NUMBER OF APPLICANT: Zachary T. Meyer, P.O. Box 665, Hotchkiss, CO 81419. 2. ATTORNEY FOR APPLICANT: James R. Briscoe, Briscoe & Associates, P.C., P.O. Box 120, Hotchkiss, CO 81419; 970-872-3118. 3. Application for Water Storage Right. 4. NAME OF STRUCTURE OR PLAN: Zack’s Pond. 5. LOCATION: NE¼NE¼, Section 31, Township 14 S, Range 92 W, 6th P.M. 360 Feet from North section line and 398 feet from East section line. 6. Tributary to North Fork of the Gunnison River. 7. QUANTITY: 1.9 acre feet; APPROPRIATION DATE: July 1, 1991. 8. TYPE OF USE: In addition to irrigation/sprinkling, provides aesthetics of running water and impounded water; provides drinking water and fowl habitat for wildlife enrichment. 9. TYPE OF STRUCTURE. Pond. 10. LEGAL DESCRIPTION OF ACREAGE IRRIGATED OR TO BE IRRIGATED: Part of the NE¼NE¼ of Section 31, Township 14 South, Range 92 West of the 6th P.M., beginning 321’ East of the NW corner, thence S. 40 rods, East 999’; N 40 rods, West 999’ to point of beginning, County of Delta, State of Colorado. 11. ADDITIONAL INFORMATION NECESSARY TO COMPLY WITH THE STATUTE OR TO ASSIST IN GIVING NOTICE OF THE SPECIFIC WATER RIGHT SOUGHT. Bob Starr, then the local water commissioner, viewed the area with Applicant and provided information and his experience as an aid to Applicant in making decisions and performing the work to complete the system comprising the gallery, ditches and pond. ABSOLUTE. DELTA COUNTY.

CASE NO. 2011CW154 (REF NO. 05CW38). DELTA COUNTY 1. Ward Creek LLC, c/o Austin Keiser, P.O. Box 160, Cedaredge CO 81413, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 2. Name of Structure: Meyers Homestead Wells Nos. 1 and 2 3. Date of Original Decree: December 12, 2005, Case No. 05CW38 Court: Water Division No. 4. 4. Legal Description of decreed point of diversion: Meyers Homestead Well No. 1: A point in the NE1/4NE1/4, Section 11, Township 13 South, Range 95 West, 6th P.M. 734 feet south of the north section line and 753 feet west of the east line of said Section 11. Meyers Homestead Well No. 2: A point in the NW1/4NW1/4, Section 11, Township 13 South, Range 95 West, 6th P.M. 600 feet south of the north section line and 250 feet east of the west line of said Section 11. 5. Date of Appropriation: Meyers Homestead Well No. 1: July 12, 2004; Meyers Homestead Well No. 2: March 1, 2005. 6. Amount: Meyers Homestead Well No. 1: .045 c.f.s. (22.5 gpm) Meyers Homestead Well No. 2: .033 c.f.s. (15 gpm) 7. Use: Domestic in eleven single family residences and irrigation of 0.2 acre of lawn and garden; 8. Source of Water: groundwater tributary to Ward Creek, Forked Tongue Creek and the Gunnison River. 9. Claims for diligence and to make absolute: Well No. 1 was drilled was drilled in 2005. In the last six years, it has been piped to two single family residences. Well No. 2 was completed, but has not been piped to any residences. DELTA COUNTY.

CASE NO. 2011CW155. MESA COUNTY- City of Grand Junction, c/o Jamie B. Beard, Assistant City Attorney for City of Grand Junction, 250 N. 5th Street, Grand Junction, CO 81501, 970-244-1503 & Thomas Michael Berry, c/o Jenna H. Keller, Feldmann Nagel, LLC, 1120 South Lincoln Avenue, Suite A, P.O. Box 775628, Steamboat Springs, CO 80477; APPLICATION FOR UNDERGROUND WATER RIGHT. Name of well: Berry Well with permit number 283205; Location: At a point 1,106 feet from the south section line and 71 feet from the west section line in the SW¼SW¼ of Section 33, Township 12 South, Range 97 West, 6th P.M.; Source of water: Groundwater tributary to Kannah Creek, tributary to the Gunnison River. Date of appropriation: May 18, 2010. Amount claimed: 15 gpm (.033 c.f.s.), conditional, not to exceed 0.392 acre-feet annually. Use: In-house domestic use in a single-family residence. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. Structure to be augmented: Berry Well. Water rights to be used for augmentation: Date of original and all relevant subsequent decrees: January 11, 1911 Case No: CA1818 (District Court of Mesa County), 27047 (Colorado Supreme Court), 27635 (Colorado Supreme Court) W 1720 (District Court of Water Division No. 4). Type of water right: Surface and storage rights. Location: At a point 1,938 feet from the south section line and 875 feet from the west section line in the NW¼SW¼ of Section 34, Township 12 South, Range 97 West, 6th P.M.; Source of water: Kannah Creek tributary to Gunnison River; Appropriation Date: December 30, 1881; Amount: 7.81 c.f.s.; Amount to be included in this plan for augmentation: 0.0401 acre-feet annually. Uses: Domestic and other beneficial uses by virtue of the laws regulating the use of water by towns and cities in this state. Statement of Plan: Augmentation of the Berry Well will be made by releases from the City of Grand Junction Flowline and Water Works. The court awarded the Flowline the paramount water right on Kannah Creek for domestic and other beneficial uses for the City of Grand Junction “by virtue of the laws regulating the use of water by towns and cities in this state.” It was anticipated that the water would be used in the City of Grand Junction and would be 100% depletive to Kannah Creek. Berry Well Demand and Depletions: The household demand for the residence is estimated to be 100 gallons per day (gpd) per person for a three and one-half person household. The in-house demand for the residence has been calculated to average 0.0327 acre-feet per month and total 0.3920 acre-feet per year. Since an Individual Septic Disposal System will be used for the residence, depletions are estimated to be 10% of demand or 0.003 acre-feet per month and total 0.0392 acre-feet per year per residence. Operation of Plan: During times of valid downstream calls, releases will be made from the Flowline release valve (located close to the point of diversion) to replace out of priority depletions from the Berry Well. Anticipated transit losses to the point of depletion have been calculated to be 0.0001 acre-feet per month, therefore, annual augmentation requirements total 0.0401 acre-feet. Releases will be made at the discretion of the Division of Water Resources. MESA COUNTY.

CASE NO. 2011CW156. SLEEPING INDIAN RANCH, INC., PO Box 39, Ridgway, CO, through their attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III #10476, Kara N. Godbehere #36742, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR WATER RIGHTS AND CHANGE OF WATER RIGHTS, IN OURAY COUNTY. 2. Gunn Spring a. Legal description of point of diversion of spring: NE 1/4 SW 1/4 S15, T46N, R8W of the N.M.P.M., 2,107 ft. from the S section line and 1,379 ft. from the W section line, as illustrated on Exhibit A. b. Source: Cow Creek c. Date of initiation of appropriation: January 30, 1950 d. How appropriation was initiated: formation of intent to develop and use springs for stockwatering purposes, use of springs for stockwatering purposes. e. Date water applied to beneficial use: January 30, 1950 f. Amount claimed: 0.01 cfs g. Proposed Use: The Gunn Spring will be used for livestock watering, as well as diversion of water via a pipeline for storage in the Gunn Pond, as described below. 3. Gunn Pond a. Legal description of location of dam centerline: SW 1/4 NW 1/4 S15, T46N, R8W of the N.M.P.M., 2,445 feet from the S section line and 943 feet from the W section line, as illustrated on Exhibit A. i. Vertical height of dam in feet measured vertically from the elevation of the lowest point of the natural surface of the ground where that point occurs along the longitudinal centerline of the dam up to the crest of the emergency spillway: 8 feet ii. Length of dam in feet: 210’ b. Source: Gunn Spring, as described above. c. Date of initiation of appropriation: December 31, 1959 d. How appropriation was initiated: formation of intent to construct pond for stockwatering purposes. e. Date water applied to beneficial use: December 31, 1959 f. Amount claimed: 1.12 acre-feet total, 0.46 acre-feet (absolute) and 0.66 acre- feet conditional g. Proposed Use: The Gunn Pond will be used for livestock watering after water is delivered to it from the Gunn Spring described above. h. Surface area of high water line: 0.19 acres i. Total capacity of pond in acre-feet: 1.12 acre-feet. 4. Bull Pasture Spring. a. Legal description of point of diversion of spring: NE 1/4 SW 1/4 S23, T46N, R8W of the N.M.P.M., 1,906 ft. from the S section line and 1,506 ft. from the W section line, as illustrated on Exhibit A. b. Source: Cow Creek c. Date of initiation of appropriation: June 10, 1983 d. How appropriation was initiated: purchase of property and formation of intent to develop and use springs for stockwatering purposes, use of springs for stockwatering purposes. e. Date water applied to beneficial use: June 10, 1983 f. Amount claimed: 0.01 cfs g. Proposed Use: The Bull Pasture Spring will be used for livestock watering. APPLICATION FOR CHANGE OF WATER RIGHTS 5. Martin and Rice Drain Ditch Nos. 1, 2, & 3 a. History: The Martin & Rice Ditch Nos. 1, 2, & 3 were originally decreed for stockwatering and irrigation purposes in Case No. CA2710, by the District Court in and for Ouray County, Colorado. Based on recent GPS location of structures located on the Sleeping Indian Ranch, the actual locations of the Martin & Rice Ditch Nos. 1, 2, & 3 are, and always have been located more than 200 feet from their decreed locations. All three ditches function as part of the ranch irrigation system by draining excess water from irrigated fields, and also function as a source of water for livestock on the property. This application requests a change in description of the location of the decreed diversion points for Martin & Rice Drain Ditch Nos. 1, 2, & 3 so as to conform such decreed locations to the actual locations. b. Decreed water rights for which change is sought (as set forth in Case No. CA2710): i. Name of Structure: Martin & Rice Drain Ditch No. 1, 1. Priority date: 4/15/1965 2. Amount: 0.06 cfs 3. Source: “a number of springs in a seepage area which if unimpeded would be tributary to Cow Creek” 4. Point of diversion: 47 degrees, 16 minutes, 31 seconds West 7084.73 feet from the SE corner of S25, T46N, R8W, N.M.P.M. 5. Use: supplemental irrigation and livestock watering. ii. Name of Structure: Martin & Rice Drain Ditch No. 2, 1. Priority date: 4/15/1965 2. Amount: 0.75 cfs 3. Source: “springs and seepage in a marshy area traversed thereby, which water if unimpeded would have been tributary to Cow Creek” 4. Point of diversion: 49 degrees, 1 minute, 48 seconds West 7683.13 feet from the SE corner of S25, T46N, R8W, N.M.P.M. 5. Use: supplemental irrigation and livestock watering. iii. Name of Structure: Martin & Rice Drain Ditch No. 3. 1. Priority date: 4/15/1965 2. Amount 0.33 cfs 3. Source: “springs and seepage in a marshy area traversed thereby, which water if unimpeded would have been tributary to Cow Creek”. 4. Point of diversion: 53 degrees, 4 minute, 14 seconds West 8448.11 feet from the SE corner of S25, T46N, R8W, N.M.P.M. 5. Use: supplemental irrigation and livestock watering c. Corrected location of headgates: i. Name of Structure: Martin & Rice Drain Ditch No. 1., 1. Point of diversion: SW1/4 SW1/4, S24, T46N, R8W, N.M.P.M., 643 ft from the S section line and 146 ft from the W section line, as illustrated on Exhibit B. 2. Use: supplemental irrigation and livestock watering. ii. Name of Structure: Martin & Rice Drain Ditch No. 2, 1. Point of diversion: SE1/4 SE1/4, S23, T46N, R8W, N.M.P.M., 868 ft from the S section line and 595 ft from the E section line, as illustrated on Exhibit B. 2. Use: supplemental irrigation and livestock watering. iii. Name of Structure: Martin & Rice Drain Ditch No. 3 1.Point of diversion: SE1/4 SE1/4, S23, T46N, R8W, N.M.P.M., 1,089 ft from the S section line and 907 ft from the E section line, as illustrated on Exhibit B. 2. Use: supplemental irrigation and livestock watering. 6. Martin Spring & Pipeline No. 1 a. History: The Martin Spring & Pipeline No. 1 was originally decreed for stockwatering and domestic purposes in Case No. W-2268, by the District Court in and for Water Division No. 4. Based on recent GPS location of structures located on the Sleeping Indian Ranch, the actual location of the Martin Spring & Pipeline No. 1 is and always has been more than 200 feet from its decreed location. The facilities currently provide water for domestic and stockwatering purposes. This application requests a change in description of the location of the decreed diversion point for the Martin Spring & Pipeline No. 1 so as to conform the decreed location to the actual location. b. Decreed water rights for which change is sought (as set forth in Case No. W-2268): i. Name of Structure: Martin Spring & Pipeline No. 1., 1. Priority date: 12-31-1900 2. Amount: 0.05 cfs 3. Source: “a spring in the watershed of Cow Creek, a tributary to the Uncompahgre River in Ouray County” 4. Point of diversion: NW1/4SW1/4, S20, T46N, R7W, N.M.P.M. 5. Use: stockwatering and domestic purposes c. Corrected location of point of diversion (spring): i. Name of Structure: Martin Spring & Pipeline No. 1 1. Point of diversion: SE1/4 NW1/4, S20, T46N, R7W, N.M.P.M., 2,443 ft from the N section line and 1,607 ft from the W section line, as illustrated on Exhibit C. 2. Use: domestic and livestock watering 7. Martin Spring & Pipeline No. 2 a. History: The Martin Spring & Pipeline No. 2 were originally decreed for stockwatering and domestic purposes in Case No. W-2269, by the District Court in and for Water Division No. 4. Based on recent GPS location of structures located on the Sleeping Indian Ranch, the actual location of the Martin Spring & Pipeline No. 2 is and always has been more than 200 feet from its decreed location. The facilities currently provide water for domestic and stockwatering purposes. This application requests a change in description of the location of the decreed diversion point for the Martin Spring & Pipeline No. 2 so as to conform the decreed location to the actual location. b. Decreed water rights for which change is sought (as set forth in Case No. W-2269): i. Name of Structure: Martin Spring & Pipeline No. 1, 1. Priority date: 12- 31-1900 2. Amount: 0.025 cfs 3. Source: “a spring in the watershed of Cow Creek, a tributary to the Uncompahgre River in Ouray County” 4. Point of diversion: SW1/4NE1/4, S20, T46N, R7W, N.M.P.M. 5. Use: stockwatering and domestic purposes c. Corrected location of point of diversion (spring): i. Name of Structure: Martin Spring & Pipeline No. 2 1. Point of diversion: SE1/4 NW1/4, S20, T46N, R7W, N.M.P.M., 2,443 ft from the N section line and 1,607 ft from the W section line, as illustrated on Exhibit C. Use: domestic and livestock watering 8. Meadow Pond Spring Ditch No. 1 a. History: The Meadow Pond Spring Ditch No. 1 was originally decreed for irrigation, piscatorial and stockwatering purposes in Case No. CA2710, by the District Court in and for the County of Ouray. Based on recent GPS location of structures located on the Sleeping Indian Ranch, the actual location of the Meadow Pond Spring Ditch No. 1 is and always has been more than 200 feet from its decreed location. The facilities currently provide water for irrigation, piscatorial and stockwatering purposes. This application requests a change in description of the location of the decreed diversion point for the Meadow Pond Spring Ditch No. 1 so as to conform the decreed location to the actual location. b. Decreed water rights for which change is sought (as set forth in Case No. CA2710): i. Name of Structure: Meadow Pond Spring Ditch No. 1 1. Priority date: 4-15-1965 2. Amount: 0.08 cfs 3. Source: “springs and seepage, appear to be non-tributary to Cow Creek Drainage” 4. Point of diversion: South 88* 12’ 56” East 2147.67 feet from the Southwest corner of S30, T46N, R8W, N.M.P.M. 5. Use: irrigation, piscatorial, and stockwatering purposes c. Corrected location of point of diversion: i. Name of Structure: Meadow Pond Spring Ditch No. 1, 1.Point of diversion: NE1/4 NW1/4, S31, T46N, R7W, N.M.P.M., 539 ft from the N section line and 2,260 ft from the W section line, as illustrated on Exhibit B. 2. Use: irrigation, piscatorial and stockwatering purposes 9. Meadow Pond Spring Ditch No. 2 a. History: The Meadow Pond Spring Ditch No. 2 was originally decreed for irrigation, piscatorial and stockwatering purposes in Case No. CA2710, by the District Court in and for the County of Ouray. Based on recent GPS location of structures located on the Sleeping Indian Ranch, the actual location of the Meadow Pond Spring Ditch No. 2 is and always has been more than 200 feet from its decreed location. The facilities currently provide water for irrigation, piscatorial and stockwatering purposes. This application requests a change in description of the location of the decreed diversion point for the Meadow Pond Spring Ditch No. 2 so as to conform the decreed location to the actual location. b. Decreed water rights for which change is sought (as set forth in Case No. CA2710): i. Name of Structure: Meadow Pond Spring Ditch No. 2, 1. Priority date: 4-15-1965, 2. Amount: 0.08 cfs 3. Source: “seepage water, apparently non-tributary, Cow Creek Drainage” 4. Point of diversion: North 67* 49’ 56” East 1,841.82 feet from the Southwest corner of S30, T46N, R8W, N.M.P.M. 5. Use: irrigation, piscatorial, and stockwatering purposes c. Corrected location of point of diversion: i. Name of Structure: Meadow Pond Spring Ditch No. 2, 1. Point of diversion: SE1/4 SW1/4, S30, T46N, R7W, N.M.P.M., 518 ft from the S section line and 1,628 ft from the W section line, as illustrated on Exhibit B. 2. Use: irrigation, piscatorial and stockwatering purposes 10. Taylor Creek Spring & Pipeline a. History: The Taylor Creek Spring & Pipeline were originally decreed for stockwatering and domestic purposes in Case No. W-238 (an absolute decree was subsequently entered in Case No. W-305), by the District Court in and for Water Division No. 4. Based on recent GPS location of structures located on the Sleeping Indian Ranch, the actual location of the Taylor Creek Spring & Pipeline is and always has been more than 500 feet north of its decreed location. The facilities currently provide water to two 1,500 gallon storage tanks used for livestock watering. This application requests a change in description of the location of the decreed diversion point for the Taylor Creek Spring & Pipeline so as to conform the decreed location to the actual location. b. Decreed water rights for which change is sought (as set forth in Case No. W-305): i. Name of Structure: Taylor Creek Spring & Pipeline 1. Priority date: 1/7/1971 2. Amount: 0.05 cfs 3. Source: “the spring which would be, if of sufficient size, a tributary to Taylor Creek” 4. Point of diversion: SE1/4NE1/4, S3, T46N, R7W, N.M.P.M. 5. Use: stockwatering and domestic purposes c. Corrected location of point of diversion (spring): i. Name of Structure: Taylor Creek Spring & Pipeline 1. Point of diversion: SE1/4 NE1/4, S30, T46N, R7W, N.M.P.M., 1,404 ft from the N section line and 924 ft from the E section line, as illustrated on Exhibit C. 2. Use: domestic uses and livestock watering 11. Bates No. 1 a. History: The Bates Reservoir No. 1 was originally decreed for fish propagation and domestic purposes in Case No. CA2440, by the District Court in and for Ouray County, Colorado. Based on recent GPS location of structures located on the Sleeping Indian Ranch, the current location of the Bates Reservoir No. 1 is and always has been actually slightly northeast of its decreed location. The reservoir is currently used for piscatorial purposes. This application requests a change in description of the location of the decreed location of the Bates Reservoir No. 1 so as to conform the decreed location to the actual location. b. Decreed water rights for which change is sought (as set forth in Case No. CA2440): i. Name of Structure: Bates Reservoir No. 1, 1. Priority date: 7/1/1928 2. Amount: 8.20 acre-feet (an 8 acre-foot enlargement was subsequently decreed in Case Nos. 80CW287/85CW196) 3. Source:“a flowing spring tributary to Lou Creek” 4. Location: the north end of the dam is located at a point where the S1/4 corner of S23, T46N, R7W, N.M.P.M. bears South 27 degrees, 54 minutes West 5544 feet, in S24. 5. Use: domestic use and fish propagation purposes c. Corrected location of point of diversion (spring): i. Name of Structure: Bates Reservoir No. 1 1. Legal description of dam centerline: SW1/4 SW1/4, S32, T46N, R7W, N.M.P.M., 1,274 ft from the S section line and 1,291 ft from the W section line, as illustrated on Exhibit C. 2. Use: piscatorial 12. Cloudburst Spring & Pipeline a. History: The Cloudburst Spring & Pipeline was originally decreed for stockwatering and domestic purposes in Case No. W-2270, by the District Court in and for Water Division No. 4. Based on recent GPS location of structures located on the Sleeping Indian Ranch, the actual location of the Cloudburst Spring & Pipeline is and always has been more than 200 feet from its decreed location. The facilities currently provide water for domestic and stockwatering purposes. This application requests a change in description of the location of the decreed diversion point for the Cloudburst Spring & Pipeline so as to conform the decreed location to the actual location. b. Decreed water rights for which change is sought (as set forth in Case No. W-2270): i. Name of Structure: Cloudburst Spring & Pipeline 1. Priority date: 1900 2. Amount: 0.05 cfs 3. Source:“a spring tributary to Cow Creek, tributary to the Uncompahgre River, in Ouray County” 4. Point of diversion: NW1/4 NW1/4 S20, T46N, R7W, N.M.P.M. 5. Use: stockwatering and domestic purposes c. Corrected location of point of diversion (spring): i. Name of Structure: Cloudburst Spring & Pipeline 1. Point of diversion: SW1/4 SW1/4 S17, T46N, R7W, N.M.P.M., 1,056 ft. from the S section line and 1,303 ft. from the W section line, as illustrated on Exhibit C. 2. Use: domestic uses and livestock watering 13. Owner of land upon which structures are located: Applicant listed above is the owner of the land upon which all structures referenced here are located. Wherefore, Sleeping Indian Ranch, Inc., requests a decree approving the above water rights and changes of water rights, and for such other and further relief as is warranted. (14 pages, including exhibits). OURAY COUNTY.

CASE NO. 2011CW157. Applicant: Charles and Peggy Day, 1231 Gerbing Road, Fernandina Beach, FL., 32034. Application for Surface Water Rights: Day Wastewater Pump and Pipeline – NE1/4SW1/4 of Section 24, T45N, R13W, NMPM. 1,890 feet from the south line and 1,508 feet from the west section line. Source: San Miguel River. Appropriation Date: 10/06/2011. Amount Claimed: 0.5 c.f.s conditional for stockwater, wildlife and irrigation. Day Wastewater Ditch No. 1 – NE1/4SW1/4 of Section 24, T45N, R13W, NMPM. 2,624 feet from the south line and 1,882 feet from the west section line. Source: San Miguel River. Appropriation Date: 10/06/2011. Amount Claimed: 0.25 c.f.s conditional for stockwater, wildlife and irrigation. Day Wastewater Ditch No. 2 – NE1/4SW1/4 of Section 24, T45N, R13W, NMPM. 2,633 feet from the north line and 2,517 feet from the west section line. Source: San Miguel River. Appropriation Date: 10/06/2011. Amount Claimed: 0.25 c.f.s conditional for stockwater, wildlife and irrigation. Day Wastewater Ditch No. 3 – NE1/4SW1/4 of Section 24, T45N, R13W, NMPM. 2,633 feet from the north line and 2,648 feet from the west section line. Source: San Miguel River. Appropriation Date: 10/06/2011. Amount Claimed: 0.25 c.f.s conditional for stockwater, wildlife and irrigation. SAN MIGUEL COUNTY.

CASE NO. 2011CW158 (REF NO. 05CW104). Applicant: Dellis Ferrier, Linda Ferrier, Alan Green and Wilderness Cabin, LLC, 38520 Bone Mesa Road, Paonia, CO 81428. Application To Make Absolute: Ferrier Spring – SW1/4SW1/4NE1/4 of Section 25, T14S, R89W, 6th PM. 2,207 south of the north line and 2,429 feet west of the east section line. Source: Robinson Creek and the North Fork of the Gunnison River. Appropriation Date: 06/15/2005. Amount Claimed: .011 c.f.s. absolute for irrigation, domestic and commercial. The Application on file with the Water Court contains an outline of the work performed during the diligence period. GUNNISON COUNTY.

CASE NO. 2011CW159. Applicant: Edwin Hostetler, 34637 Powell Mesa Road, Hotchkiss, CO 81419. Application for Surface Water Rights: Blide Spring Enlargement - NW1/4SE1/4 of Section 19, T14S, R92W, 6th PM. 1,874 feet from the south line and 1,821 feet from the east section line. Source: Short Draw and North Fork of the Gunnison River. Appropriation Date: 03/01/1960. Amount Claimed: .25 c.f.s. conditional for commercial, domestic and stockwater. DELTA COUNTY.

CASE NO. 2011CW160. Applicant: V. Craig Moores, 32505 Highway 141, Gateway, CO 81522. Application for Surface Water Right: J R Hatch Ditch – SW1/4SE1/4 of Section 29, T15S, R103W, 6th PM. 1,572 feet from the south line and 1,551 feet from the east section line. Source: West Creek and the Dolores River. Appropriation Date: 04/10/1909. Amount Claimed: 0.45 c.f.s. absolute for stockwater. MESA COUNTY.

CASE NO. 2011CW161. Applicant: Moores Mining Ranching and Sawmill, 32905 Highway 141, Gateway, CO 81522. Application for Surface Water Right: Wild Rose Ditch – NE1/4SW1/4 of Section 1, T15S, R103W, 6th PM. 2,202 feet from the south line and 2,627 feet from the west section line. Source: West Creek and the Dolores River. Amount Claimed: 1.0 c.f.s. absolute for stockwater with an appropriation date of 03/15/1931 and 10 c.f.s. conditional for hydroelectric power generation with an appropriation date of 12/15/2008. Fields Ditch – NE1/4SE1/4 of Section 2, T15S, R103W, 6th PM. 2,018 feet from the south line and 1,121 feet from the east section line. Source: West Creek and the Dolores River. Amount Claimed: 0.8.c.f.s. absolute for stockwater with an appropriation date: 08/15/1934 and 10 c.f.s. conditional for hydroelectric power generation with an appropriation date of 12/15/2008. MESA COUNTY.

CASE NO. 2011CW162. Applicant: Town of Ridgway, P. O. Box 10, Ridgway, CO 81432. Application for Surface Water Right: Ridgway Pump Station No. 2 - NE1/4SE1/4 of Section 17, T45N, R8W, NMPM. 1,620 feet from the south line and 250 feet from the east section line. Source: Cottonwood Creek and the Uncompahgre River. Appropriation Date: 07/31/2006. Amount Claimed: 0.25 c.f.s. absolute for municipal use including irrigation of park and trees. OURAY COUNTY.

CASE NO. 2011CW163 DELTA COUNTY 1. Applicants: Butte Ditch Company, c/o Andy Wick, 11488 2100 Road, Austin, CO 81410, Fogg Ditch Company, c/o Leonard W. Johnson, 8341 2000 Road, Austin, CO 81410, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR CHANGE OF WATER RIGHTS 2. Name of Structure: BUTTE DITCH priorities 12 and A-52 and FOGG DITCH, priorities 10, 32, A-54, and A-120, 3. Date of Original Decree: June 17, 1889, Case No. CA0038, Delta County District Court; April 21, 1885, Case CA0457, Delta County District Court. 4. Legal Description of decreed point of diversion: Butte Ditch: NE1/4SW1/4NE1/4, Section 12, Township 14 South, Range 95 West, 6th P.M., 1464.58 feet south of the north section line and 1438,89 feet west of the east section line. Fogg Ditch: SW1/4NE1/4NW1/4, Section 13, Township 14 South, Range 95 West, 6th P.M., 909.78 feet south of the north section line and 1680.23 feet east of the west section line. 5. Date of Appropriation: Butte Ditch: November 24, 1885 (priority #12); October 1, 1889 (priority A-52); Fogg Ditch: April 21, 1885 (priority #10), October 15, 1889 (priority #32); April 15, 1891 (priority A-54); August 12, 1910 (priority A-120). 6. Amount of water that applicant intends to change: Butte Ditch: 18.75 c.f.s.; Fogg Ditch: 20.92 c.f.s. 7. Use: Irrigation 8. Source of Water: Surface Creek, tributary to Dirty George Creek and the Gunnison River. 9. Change requested: Butte Ditch: Applicant requests as an alternate point of diversion for priorities #12 and A-52 at the headgate of the Alfalfa Ditch. This change has been done informally for years, to make best use of the water and minimize ditch loss. This water will be taken in the Alfalfa Ditch to Fruitgrowers Reservoir to level out the diurnal fluctuation in Surface Creek, and then delivered to shareholders of the Butte Ditch Company by Orchard City Irrigation District. Water delivered to shareholders of the Butte Ditch Company above the Stell Enlargement Ditch will have their water delivered through the Butte Ditch. Fogg Ditch: Applicant requests as an alternate point of diversion for priorities #10, 32, A-54 and A-120 at the headgate of the Alfalfa Ditch. This change has been done informally for years, to make best use of the water and minimize ditch loss. This water will be taken in the Alfalfa Ditch to Fruitgrowers Reservoir to level out the diurnal fluctuation in Surface Creek, and then delivered to shareholders of the Fogg Ditch Company by Orchard City Irrigation District. Water delivered to shareholders of the Fogg Ditch Company above the Circle Ditch will have their water delivered through the Fogg Ditch. 10. Legal descriptions of decreed location and actual or new location of structure. Alfalfa Ditch, located in the SW1/4NW1/4SE1/4, Section 29, Township 13 South, Range 94 West, 6th P.M., 1908.66 feet north of the south section line and 25890.06 feet west of the east section line. UTM coordinates Northing 4308774, Easting 246432, Zone 13. DELTA COUNTY.

CASE NO. 2011CW164. Applicant: Sunshine Mesa Land and Cattle Company, LLC C/O James Lucarelli. P. O. Box 2428, Telluride, CO 81435. Application for Surface Water Right: Rollin Spring – SE1/4NE1/4 of Section 13, T42N, R10W, NMPM. 1,580 from the north line and 710 feet from the east section line. Source: South Fork San Miguel River. Appropriation Date: 05/01/1942. Amount Claimed: 10 gpm (0.0223 c.f.s.) absolute for stockwater and wildlife watering and habitat. Reeve Spring – SW1/4NE1/4 of Section 13, T42N, R10W, NMPM. 2,090 feet from the north line and 2,580 feet from the east section line. Source: South Fork San Miguel River. Appropriation Date: 05/01/1942. Amount Claimed: 10 gpm (0.0223 c.f.s.) absolute for stockwater and wildlife watering and habitat. SAN MIGUEL COUNTY.

CASE NO. 2011CW165; GUNNISON COUNTY - Tributary to Gunnison River; United Companies of Mesa County, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; APPLICATION FOR CHANGE OF WATER RIGHTS; Name, address, and telephone number of applicant: Oldcastle SW Group, Inc., d/b/a United Companies of Mesa County, 2273 River Road, Grand Junction, CO 81505, (970) 243-4900;Decreed water right for which change is sought: Name of structure: Concrete Well; Date of original and relevant subsequent decrees: Decreed conditionally as an alternate point in Case No. 81CW294 on June 17, 1982. In Case No. 86CW81 made absolute for 60 g.p.m.; legal description from most recent decree: In Case No. 86CW81 the decreed location was stated as “at a point in the NW/4 NE/4 of Section 13, Township 14 South, Range 86 West, 6th P.M., at a point 400 feet from the North section line and 1,520 feet from the East section line….” Decreed source: Groundwater tributary to the Slate River; Appropriation date: Decreed as an alternate point for the four surface rights, which have the following appropriation dates: Anna Rozman Ditch: Decreed in Case No. CA2021 on December 23, 1933 with a July 1, 1911 appropriation date; Anna Rozich Springs: Decreed in Case No.W-1911 on March 19, 1974 with a July 1, 1911 appropriation date; Verzuh-Young-Bifano Ditch, Priority No. 269: Decreed for 1.75 c.f.s. in Case No. CA5638 with a June 1, 1927 appropriation date. The point of diversion for that right was changed to the point of diversion for the Anna Rozman Ditch in Case No. W-5638 on September 21, 1959; Verzuh-Young-Bifano Ditch, Priority No. 459: Decreed for 6.25 c.f.s. in Case No. CA5638 with a June 1, 1927 appropriation date. Point of diversion for that right changed to the point of diversion for the Anna Rozman Ditch in Case No. W- 5638 on September 21, 1959; Total amount decreed to structure: 60 g.p.m., absolute, not to exceed 15,000 gallons per day or 1,000,050 gallons (3.06 acre-feet "a.f.") per year; Decreed use: Industrial, including mixing of concrete, washing of gravel, dust suppression, and other uses related to concrete batch production and gravel mining; Amount of water that application intends to change: 60 g.p.m., absolute, not to exceed 15,000 gallons per day or 1,000,050 gallons (3.06 a.f.) per year; Detailed description of proposed change: Applicant requests a decree adding an alternate point of diversion for the Concrete Well within the Concrete Well Drilling Envelope located on the east side of the Slate River upstream of the confluence with the East River in the NW/4 NW/4 of Section 18, Township 14 South, Range 85 West of the Sixth Principal Meridian; The new location will be tributary to an unnamed draw, tributary to the Slate River. The use for the Concrete Well will remain the same. (4 pages.)GUNNISON COUNTY.

CASE NO. 2011CW166. Montrose County, Vague Canyon, La Sal Creek, Dolores River. Richards & Richards, a Colorado general partnership, c/o Mark E. Hamilton, Esq., Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen, CO 81611, 970-925-3476, [email protected]. Application to Confirm Absolute Surface Water Right. Name of Structure: Vague Canyon Ditch/ Holman Spring First Enlargement. Location: Per the decree in Case No. W-612, the Vague Canyon Ditch is located at a point whence the NE corner of Sec. 14, T. 47 N., R. 20 W., N.M.P.M., bears N. 11º E. 5,400 ft, and the Holman Spring is located at a point whence the NE corner of Sec. 14, T. 47 N., R. 20 W., N.M.P.M., bears N. 15º E. 3,400 ft (water from the Holman Spring enters the ditch approximately 3/4 mile downstream from its headgate on La Sal Creek)--the headgate of the Ditch is also described as being at a point approximately 1503 ft from the N. sec. line and 513 ft from the W. sec. line of said Sec. 14. Source: Vague Canyon, trib. to La Sal Creek, trib. to the Dolores River. Amount: 2.7 c.f.s. for irrigation. Approp. date: 12/31/1941. Remarks: this water right is appropriated to confirm a junior priority water right for the Vague Canyon Ditch/Holman Spring system, which has been in use by Applicant and its predecessors since 1941. This junior priority would be in addition to 0.30 c.f.s. presently adjudicated to this structure pursuant to decrees in Case Nos. W- 612 and 91CW123, Water Div. 4.(4 pages) MONTROSE COUNTY.

CASE NO. 2011CW167 (REF NO. 05CW144). Applicant: Falcon Seaboard Diversified, Inc., 109 North Post Oak Lane, Suite 540, Houston, TX 77024. Application For Finding of Reasonable Diligence – Shaeffer Ditch – NW1/4SW1/4 of Section 6, T11S, R89W, 6th PM. 1,267 feet from the south line and 499 feet from the west section line. Source: Roberts Creek, East Muddy Creek, Muddy Creek and the North Fork of the Gunnison River. Appropriation Date: 10/25/1997. Amount Claimed: 3.5 c.f.s. conditional for irrigation. The application on file with the Water Court contains an outline of the work performed during the diligence period. GUNNISON COUNTY.

CASE NO. 2011CW168 (REF NO. 05CW144). Applicant: Falcon Seaboard Diversified, Inc., 109 North Post Oak Lane, Suite 540, Houston, TX 77024. Application For Finding of Reasonable Diligence – Beuten Pond No. 2 – NE1/4NE1/4 of Section 12, T11S, R90W, 6th PM. 119 feet from the north line and 2,399 feet from the west section line. Source: Roberts Creek, East Muddy Creek, Muddy Creek and the North Fork of the Gunnison River. Appropriation Date: 05/20/2005. Amount Claimed: 1.45 acre-feet conditional for stockwater, fire protection, piscatorial and recreation purposes. The application on file with the Water Court contains an outline of the work performed during the diligence period. GUNNISON COUNTY.

CASE NO. 2011CW169. San Miguel County. Application for Conditional Water Rights (Surface). Applicant: T.L. Bar Ranch Partnership, LLLP, c/o John T. Howe, Hoskin Farina & Kampf, P.C., 200 Grand Avenue, Suite 400, Grand Junction, Colorado 81501; (970) 986-3400. Attorney for Applicants: John T. Howe, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 986-3400. First Claim: Name of Structure: Goat Creek Spring No. 1. A. Source: unnamed tributary to Goat Creek, tributary to Beaver Creek, tributary to the San Miguel River. B. Location: SW¼NE¼ of Section 29, T 43 N, R 12 W, N.M.P.M.; 1,585 feet from the North section line and 2,084 feet from the East section line. C. Uses: stock watering. D. Appropriation Date: September 1, 2002. E. Quantity: 0.033 c.f.s., conditional. Landowner: Applicant. Second Claim: Name of Structure: Goat Creek Spring No. 2. A. Source: unnamed tributary to Goat Creek, tributary to Beaver Creek, tributary to the San Miguel River. B. Location: NE¼SE¼ of Section 29, T 43 N, R 12 W, N.M.P.M.; 1,336 feet from the South section line and 639 feet from the East section line. C. Uses: stock watering. D. Appropriation Date: September 1, 2002. E. Quantity: 0.033 c.f.s., conditional. Landowner: Applicant. SAN MIGUEL COUNTY.

“THERE HAS BEEN FILED IN THIS PROCEEDING A CLAIM OR CLAIMS WHICH MAY AFFECT IN PRIORITY ANY WATER RIGHT CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST AS PROVIDED IN THE WATER RIGHT DETERMINATION AND ADMINISTRATION ACT OF 1969, OR BE FOREVER BARRED.”

YOU ARE FURTHER NOTIFIED THAT you have until the last day of February, 2012 to file with the Water Clerk, in duplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401