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DISTRICT COURT, WATER DIVISION 6, COLORADO TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 6

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST - WATER DIVISION 6 Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications for the State Engineer’s approval of interruptible water supply agreements under section 37-92- 309(3)(a), C.R.S., and notice of applications for fallowing-leasing pilot projects under section 37-60-115(8)(e)(II). This notice is an invitation to be included on the SWSP notification list. To be included on the SWSP notification list, submit your name, address, e-mail address, daytime phone number, and water divisions of interest. If you prefer to be notified by electronic mail, specify that preference. Submit the information to: Substitute Water Supply Plan Notification List, Program Manager, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, or by e-mail to: [email protected]. Fax: (303) 866-3589. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us.

PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST FOR WATER DIVISION 6 Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division. To receive this information by e-mail, provide your name, e- mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first- class mail, specify that preference and provide your mailing address. Submit the information to: Produced Nontributary Ground Water Notification List, Program Manager, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or by e-mail to: [email protected]. Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: www.water.state.co.us.

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of DECEMBER, 2013.

13CW24 JACKSON COUNTY Application for Change of Water Right – Applicant: Owl Creek Lands LLC and The Iva May LLC, POB 37, Walden, CO 80480, 970-723-4587. Decreed water right for which a change is sought: Structure-Martin Ditch; Date of original and subsequent decrees-09/19/1892-CA0922, 07/01/1908 CA1783. Legal Description in most recent decree-On the left bank in NE4, SE4, Sec 1 T8N, R78W, 6PM, actual location 397830ME, 4505540MN; Source-Michigan River; Appropriation Date-06/14/1888, 06/14/1889, 09/19/1892; Amount Decreed-3.0, 1.0 & 4.0 absolute. Proposed Change: Add alternate point of diversion. Change in Point of Diversion: UTM Coordinates-Northing 4505960, Easting 397628; Legal Description-Jackson County, NE4, NW4, Sec 1, T8N, R79W, 6PM, 632 Ft from N and 1172 Ft from W, Source of PLSS information: Aqua Map. Applicant is landowner. Map available from Court file.

13CW25 ROUTT COUNTY, Application for Water Storage Right, Applicant: Ronald T. Murphy, PO Box 547, Hayden, CO 81639, 970-276-3273; Structure: Murphy Pond 01; Legal Description: NW, NE, S10, T6N, R89W, 6th PM; Distance from section lines, 725.28 ft from N, 0 ft from W; Source: Tributary to Yampa River; filled by Cary ditch, 11 cfs; Date of Appropriation: 5/17/13, Appropriation Initiated by completion of gravel pit; Water applied to beneficial use on 6/1/13; Amount claimed: 132 acf, absolute; Use: irrigated 40 ac, proposed acres to be irrigated: 40-80 ac; Legal description of acres irrigated or to be irrigated: Irrigated ground includes 40 AC +/- in SE1/4, SW1/4, S2, T6N, R89W, 6th PM. Acreage in S10 and S11 above existing ditch approx. 40 AC; Non- irrigation use: Livestock water, fishing, recreation, low head hydro; Surface are of high water line: 12 AC; Vertical Ht of Dam: 0 ft, water is at ground level with a berm of 12 to 13 ft above water line; Total Capacity: 132 ACF, Active Capacity: 100 ACF, Dead Storage: 32 ACF; Landowner: Applicant; Map filed with Court

13CW26 MOFFAT COUNTY – Application for Absolute Water Storage Right. Applicant: Tom & Brenda Gray, 35938 N. Hwy 13, Craig, CO 81625, 970-326-8076. Structure: Gray Reservoir; UTM Coordinates-Northing 4494314, Easting 288600, Zone 13, Source of all UTMs - Hand-held Garmin GPS accurate within 200 ft; Legal Description – Moffat County, SE4, SW4, S9, 6th PM, 98 ft from S and 2248 ft from W, Source of PLSS Information-Natural Resource Conservation Service. Source-Fortification Creek, trib to Yampa River. Name of Ditch filled from: Wisconsin Ditch and Gray Pump Diversion. UTM Coordinates: Northing 44984483, Easting 2908601, Zone 13. Legal Description: SW4, NE4, S34, T8N, R90W, 6PM. Date of appropriation: 9/26/05; How- obtained permit and constructed reservoir; Date applied to beneficial use-5/10/06. Amount claimed: 50 AF absolute; if filled from ditch, rate of diversion-1.5 cfs absolute. UTM Coordinates Northing 4494276, Easting 28865, Zone 13-Gray Pump Diversion. Legal Description SW4, SE4, S9, T7N, R90W, 6PM, 14 ft from S and 2222 ft from E, Source of PLSS information: State Water Commissioner, 437 Yampa Ave, Craig, CO 81625. Date of appropriation: 9/26/05, how appropriated-obtained permit and constructed reservoir, date applied to beneficial use – 05/10/06. Amount claimed: 50 AF absolute, if filled from ditch rate of diversion – 1 T.G. cfs absolute. Use-irrigation, stock water, commercial. # of acres historically irrigated-59.3, legal description S9, 7N, 90W SE4, SW4, W1/2, SW4. Non-irrigation use-Fortification Creek drainage-for commercial use. This use was appropriated on 7/11/13 with contract with Axia Energy for 100,00 barrels (1 barrel=42 gal) See appendix A in Court file. Surface area of high water line 5.4 Acres. Vertical height of dam 10 ft, length of dam-946 ft. Total capacity of reservoir-50 AF, active capacity-100% pumped, 0 dead storage. Applicant is landowner. See Court file for maps.

13CW27 ROUTT COUNTY, Application for Absolute Water Rights (Surface), applicant: Ted Myers, 25625 Road 55, Hamilton, CO 81638, 970-276-81638; Structure: Alice Colt Diversion, pump site; Legal Description: Northing: 0305286, Easting: 4463874, Zone 13, Routt CR 29; UTM Source: Handheld Garmin GPS; Accuracy: 15 ft; Legal: SE1/4, NE1/4, S20, T4N, R88W, 6th PM; Source: Willow Creek (Routt), East Williams Fork, Yampa; Appropriation Date: 9/20/13, Appropriation initiated by pumping water to water cannon; Date of beneficial use: 9/20/13; Amount claimed: Absolute .75 cfs; Use: Field Irrigation (See Div 44 water commissioner records for 2013); Applicant does not intend to use water right to supplement irrigation on an area of land already irrigated under another water right; Legal of irrigated acreage: 13.7 acres in the SE4, NE4 of S20 (all south of RCR 29), T4N, R88W, 6 PM and 7.6 acres in the NE4, SE4, of S20, T4N, R88W, 6PM; All land in diversion is on applicant’s land; Structure: Nettie Gil Diversion, ditch and Pipe; UTM Coordinates: Northing: 13T0305823, Easting: 4461342, Zone 13, RCR 55; Source of UTM: handheld Garmin GPS; Accuracy 15 ft; Legal Description: NE4, NW4, S33, T4N, R88W, 6PM; Source: unnamed tributary to East Williams Fork, to Williams Fork River to Yampa River; Date of Appropriation: 6/15/10; Appropriation Initiated by diversion to field and some pipe (6”, 8”); Date applied to beneficial use: 6/15/10; Amount claimed: 1.25 cfs; Uses: Crop Irrigation, Supporting evidence-see water commissioner records; Irrigated acres historically: 9.5 AC; Applicant does not intend to supplement irrigation on an area of land already irrigated under another water right; Legal Description of irrigated acreage: 7 AC in the N1/2, NW4, NW4 of S33, R88W, T4N, 6PM; 2.5 AC in the E1/2, NE4, NE4 of S32, R88W, T4N, 6PM; Source of water is mostly springtime snow melt and small springs upstream from diversion and seasonal creek has no name; Structure: Frank Gil Diversion, pump site; UTM Coordinates: Northing: 0304183, Easting: 4461997, Zone 13, RCR 55; UTM Source: Handheld Garmin GPS, 15 ft Accuracy; Legal Description: NE4, SW4, S29, T4N, R88W, 6pm; Source: East Williams Fork tributary to Williams Fork tributary to Yampa River; Date of Appropriation: 6/5/12, appropriation initiated by water pumped from river to water cannons, Date Applied to beneficial Use: 6/5/12; Amount Claimed: 1 cfs; Uses: Crop Irrigation, see District 44 water records by water commissioner; Acres Irrigated historically: 30; Applicant does not intend to use water right to supplement irrigation on an area of land already irrigated under another water right; Legal Description: 9 AC in S1/2, NE4, S4 of S30, T4N, R88W, 6PM and 21 AC in NW4, SW4, of S29, T4N, R88W, 6PM; Applicant is Landowner; Map available at court. 13CW28 ROUTT COUNTY Application for Surface and Storage Water Rights (conditional) Applicants: Christian and Laura Karch, 32700 RCR 41, Steamboat Springs, CO 80487, 970-870-6316. Structures: Surface Structures: Rebar Spring, Old Barrel Spring; Storage Structures: Gold Fish Pond, Endeavor. Legal Descriptions (PLSS & Zone 13 UTM Coordinates (not averaged): 2 springs and 2 ponds located in T5N, R85W, 6PM, and depicted on maps in Court file. Points of Diversion of Surface Structures: Rebar Spring-NW4, SW4, S14, 1444 ft from N, 1282 ft from W, Easting 339085, Northing 4473240; Old Barrel Spring-NW4, SW4, S14, 1494 from ft N, 1174 ft from W, Easting 339053, Northing 4473226. Dam Centerline of Storage Structures: Gold Fish Pond- NW4, SW4, S14, 1341 ft from N, 1379 ft from W, Easting 339116, Northing 4473271; Endeavor-NW4, SW4, S14, 1728 ft from N, 1244 ft from W, Easting 339073, Northing 4473154. Source for all structures: Unnamed tributaries of Hilton Gulch, tributary of Oak Creek tributary of Yampa River. Reservoirs are not filled from a ditch. Dates & Methodologies of appropriation: Gold Fish Pond, Old Barrel Spring, Rebar Spring and Endeavor appropriated 10/04 by applicants through purchase of property and reconnaissance and physical inspection of spring and pond locations. Date Applied to beneficial use: NA. Amounts claimed and proposed uses: Claim conditional water rights for all structures. Old Barrel Spring and Rebar Spring-.20 CSF each, livestock, wildlife watering, firefighting, domestic, recreation, aesthetic, irrigation, provide freshening flows to Endeavor, fill and refill Endeavor. Storage Structures: Gold Fish Pond and Endeavor-5.0 AF conditional for each; livestock, wildlife watering, firefighting, domestic, recreation, aesthetic, irrigation, and piscatorial. Applicants also claim right to fill and refill ponds when in priority. Irrigation Use: No historical irrigation, proposed use- up to 20 acres; legal description of acreage to be irrigated – S14, T5N, R85W, 6PM-see map in Court file. Non-irrigation use: livestock, wildlife watering, firefighting, domestic-non-potable water and possibly drinking and cooking, recreation, and aesthetic. Springs to be used to fill and refill Endeavor and to provide freshening flows to pond. All ponds to be used for piscatorial and to fill and refill when in priority. Surface area for each of the two ponds will not exceed 1.2 acre. Vertical height of dam will not exceed 10.0 ft and length of dame will not exceed 300.0 ft. The capacity for each of ponds will not exceed 5.0 AF dead storage. Landowners are applicants. Remarks: For purposes of establishing due diligence, applicants claim integrated systems for all four structures.

13CW3031 ROUTT COUNTY (Former Case No. 03CW66) Application To Make Absolute Certain Portions Of Conditionally Decreed Water Rights And For Finding Of Reasonable Diligence. Attorneys for the Applicant: Carlson, Hammond & Paddock, LLC, Lee H. Johnson, Mason H. Brown, 1900 Grant Street, Suite 1200, Denver, Colorado 80203; Phone Number: (303) 861-9000; Fax Number: (303) 861-9026. 1. Name and address of Applicant: Elkins Meadow at Little Fish Creek Owners Association, 2150 Resort Drive, Suite 200, Steamboat Springs, Colorado 80487. All correspondence and pleadings should be sent to the undersigned counsel for the Applicant. 2. Names of Structures: EM Ditch Nos. 1 through 4 and EM Pond Nos. 1 through 6. (Collectively referred to as the “Subject Water Rights”). 3. Description of conditional water rights: A. Date of Original Decree: December 5, 2007, Case No. 03CW66, Water Court, Division No. 6, State of Colorado. B. Location: As set forth in the decree in Case No. 03CW66, the EM Ditch Nos. 1 through 4 and EM Pond Nos. 1 through 6 are all located Section 15, Township 6 North, Range 84 West, 6th P.M., Routt County, Colorado and are further described as follows: Water Right Quarter/Quarter All Distance to Section Distance to Section in T.6N, R84W, Lines (feet) Lines (feet) of the 6th PM South of North West of East EM Ditch No. 1 NE¼ NE¼ 830 133 EM Ditch No. 2 NE¼ NE¼ 1006 156 EM Ditch No. 3 SE¼ NE¼ 1445 488 EM Ditch No. 4 SE¼ NE¼ 1843 1301 EM Pond No. 1 SE¼ NE¼ 1865 853 EM Pond No. 2 SE¼ NE¼ 1785 1117 EM Pond No. 3 SE¼ NE¼ 1489 737 EM Pond No. 4 NE¼ NE¼ 1185 517 EM Pond No. 5 SE¼ NE¼ 1417 162 EM Pond No. 6 SW¼ NE¼ 2438 2540 A map utilized in Case No. 03CW66 indicating the locations of the relevant structures is attached as Exhibit A. C. Source: Little Fish Creek, tributary to Fish Creek, tributary to Yampa River. D. Appropriation Dates: October 6, 2003 for EM Ditch Nos. 1 through 4. February 1, 2003 for EM Pond Nos. 1 through 6. E. Amounts: Water Right Decreed Amounts EM Ditch No. 1 1.0 c.f.s., conditional. EM Ditch No. 2 1.0 c.f.s., conditional. EM Ditch No. 3 1.0 c.f.s., conditional. EM Ditch No. 4 1.0 c.f.s., conditional. EM Pond No. 1 11.0 a.f., conditional, with right of fill and refill. EM Pond No. 2 3.9 a.f., conditional, with right of fill and refill. EM Pond No. 3 1.1 a.f., conditional, with right of fill and refill. EM Pond No. 4 0.1 a.f., conditional, with right of fill and refill. EM Pond No. 5 0.4 a.f., conditional, with right of fill and refill. EM Pond No. 6 5.1 a.f., conditional, with right of fill and refill. F. Use: Pursuant to the decree in Case No. 03CW66, the Subject Water Rights will be used for piscatorial, recreational, aesthetics, and irrigation purposes. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use: A. The Elkins Meadow at Little Fish Creek development consists of 20 lots and various common areas on approximately 104 acres of lands in Steamboat Springs, Colorado, the plat of which is filed as File No. 13327 of the Routt County real property records (the “Property”). The original developer of this development, Wharton Development Group, obtained the decree in Case No. 03CW66. During the diligence period, Wharton Development Group conveyed several of the conditional decreed ditches and ponds to the Elkins Meadow at Little Fish Creek Owners Association (the “Association”). Specifically, on June 15, 2010, Wharton Development Group conveyed EM Ditch Nos. 3 and 4 and EM Pond Nos. 1, 2 and 6 to the Association. Said deed was recorded at Reception No. 699965 in the records of the Routt County Clerk and Recorder’s Office. By separate deeds in June of 2010, July of 2010 and September of 2011, Wharton Development Group also conveyed proportionate interests of EM Ditch No. 1 and EM Pond No. 3 to Keith Bryant Welch, Dianne Marie Fox-Welch and the GST Non-Exempt QTIP Marital Trust Under Agreement of Daniel M. Kerrane, Jr., Dated 7/16/2002. Said deeds were recorded at Reception Nos. 699964, 700601, and 717309 in the records of the Routt County Clerk and Recorder’s Office. By separate deed, Wharton Development Group also conveyed its interests in EM Pond No. 4 and a proportionate interest in EM Ditch No. 1 to Scott and Charlene Rotermund, recorded at Reception No. 717308 in the records of the Routt County Clerk and Recorder’s Office. Therefore, during the diligence period and by these deeds collectively, Wharton Development Group conveyed all its interests in EM Ditch No. 1 and EM Pond Nos. 3 and 4. Each of the individuals or entities above have appointed the Association as its agent for the limited purposes of prosecuting this action. Finally, by deed dated September 28, 2011, Wharton Development Group quit claimed all ditches and reservoirs on the Property to the Association. This deed was recorded at Reception No. 717308. The Association claims ownership in EM Ditch No. 2 and EM Pond No. 5 as a result of this conveyance. As of the date of this application, the Association either owns or has an agency relationship with the owners of all of the ditches and ponds originally adjudicated in Case No. 03CW66. The Association files this application on that basis. B. During the diligence period, Applicant’s predecessor in title caused EM Ponds 1-6 to be constructed within the Elkins Meadow development. The ponds were completed and expenses were incurred during the diligence period. C. During the 2013 irrigation season, Applicant purchased and installed a parshall flume measuring device to measure diversions related to EM Ditch No. 1. These expenses were incurred during the diligence period. D. Applicant, and/or its’ principals, and/or its’ predecessor in title, has operated and maintained water levels in the EM Ponds during the diligence period. On information and belief, there have been no active calls in the Little Fish Creek basin during the prior diligence period. When in priority, Applicant, and/or its’ principals, and/or its’ predecessor in title, has diverted water via EM Ditch No. 1 to EM Pond Nos. 3 and 4. In addition, when in priority, Applicant, and/or its’ predecessor in title, has diverted water via EM Ditch No. 3 to EM Pond Nos. 1 and 2. Finally, when in priority, Applicant, and/or its’ predecessor in title, has diverted water via EM Ditch No. 2 to EM Pond No. 5. These activities occurred during the diligence period, including, but not limited to, the irrigation season of 2013. E. During the diligence period, Applicant has incurred operational and maintenance expenses associated with the storage of water in the EM Pond Nos. 1 through 6. These expenses were incurred during the diligence period. F. During the diligence period, in 2013, the Applicant, and/or its’ principals, diverted water through the EM Ditch Nos. 1, 2 and 3 in accordance with the water rights decreed in Case No. 03CW66. In addition, Applicant and/or its’ principals, filled and maintained water levels in EM Pond Nos. 1 through 6 during the diligence period. This water was put to beneficial use consistent with C.R.S. § 37-92-103(4) and the terms of the decree in Case No. 03CW66 during the diligence period. G. Although EM Ditch No. 4 is in existence, on information and belief, it is not located consistent with the legal descriptions set forth in the decree in Case No. 03CW66. Applicant intends to clarify and correct the location of EM Ditch No. 4 during the next irrigation season. Applicant seeks diligence as to the 1.0 c.f.s. conditional right of EM Ditch No. 4, but reserves the right to make the right absolute if, during the pendency of this proceeding, diversions occur in priority at the decreed location of EM Ditch No. 4 and applicant puts the resulting water to beneficial use consistent with the terms of the decree in Case No. 03CW66. 5. Water applied to beneficial use: A. In Case No. 03CW66, the EM Ditch Nos. 1 through 4 were adjudicated a conditional water right for 1.0 c.f.s. In 2013, the Applicant or its’ principals diverted water in priority into the EM Ditch No. 1 ditch system and beneficially used said water for storage in EM Pond Nos. 3 and 4. Sufficient water was diverted into EM Ditch No. 1 to fill EM Ponds 3 and 4 in priority and was put to beneficial use in accordance with the terms of the decree in Case No. 03CW66. Applicant therefore seek a decree confirming that 1.0 c.f.s. of EM Ditch No. 1 and 1.1 a.f. and 0.1 a.f. of EM Pond Nos. 3 and 4, respectively, have been made ABSOLUTE. B. In 2013, the Applicant diverted water in priority into EM Ditch No. 2 and beneficially used said water for storage in EM Pond No. 5. Sufficient water was diverted into EM Ditch No. 2 to fill EM Pond No. 5 in priority and was put to beneficial use in accordance with the terms of the decree in Case No. 03CW66. Applicant therefore seeks a decree confirming that 1.0 c.f.s. of EM Ditch No. 2 and 0.4 a.f. of EM Pond No. 5 have been made ABSOLUTE. C. In 2013, the Applicant diverted water in priority into the EM Ditch No. 3 ditch system and beneficially used said water for storage in EM Pond Nos. 1 and 2. Sufficient water was diverted into EM Ditch No. 3 to fill EM Ponds 1 and 2 in priority and was put to beneficial use in accordance with the terms of the decree in Case No. 03CW66. Applicant therefore seeks a decree confirming that 1.0 c.f.s. of EM Ditch No. 3 and 11.0 a.f. and 3.9 a.f. of EM Pond Nos. 1 and 2, respectively, have been made ABSOLUTE. D. As noted above, EM Ditch No. 4 is in existence, but, on information and belief, it is not located consistent with the legal description set forth in the decree in Case No. 03CW66. Applicant intends to correct this discrepancy during the next irrigation season. EM Pond No. 6 is in existence and is filled via EM Ditch No. 4. If, during the pendency of this proceeding, the location of the EM Ditch No. 4 headgate is corrected to be consistent with the decreed location in Case No. 03CW66 and water is diverted in priority and applied to beneficial use, Applicant will seek to make both EM Ditch No. 4 and EM Pond No. 6, ABSOLUTE in this pending matter. E. Applicants further seek a finding of diligence as to the remaining conditional amounts, if any, not made absolute in this matter. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: On information and belief, the diversion structures from Little Fish Creek and the storage structures related to EM Pond Nos. 1 through 6 may be located on lands owned by the applicant, Elkins Meadow at Little Fish Creek Owners Association, or individual lot owners who are members of said Owners Association, or have otherwise appointed the Association as agent for the limited purpose of prosecuting this action. On information and belief, the relevant individual lot owners include the following: Lot 5: Keith Bryant Welch and Dianne Fox-Welch, P.O. Box 774364, Steamboat Springs, CO 80477-4364. Lot 6: GST Non-Exempt QTIP Marital Trust Under Agreement of Daniel M. Kerrane, Jr., 1550 Asbury Avenue, Winnetka, IL 60093-1302. Lot 8: Stull Investments LLC, 1440 Vista Del Mar Drive, Fullerton, CA 92831. Rotermund Replat Lot 7: Scott and Charlene Rotermund, P.O. Box 776266, Steamboat Springs, CO 80477-6266. Additional notice by certified or register mail, as set forth in § 37-92-302(2)(b), C.R.S., will be provided to these individuals or entities. WHEREFORE, Applicant requests the Court to enter its decree and ruling as follows: A. To make a finding that the Subject Water Rights, originally decreed conditional in Case No. 03CW66, have been diverted and put to beneficial use and are therefore ABSOLUTE. B. In the alternative, to enter a finding of reasonable diligence with respect to all remaining conditionally decreed portions of the Subject Water Rights, not made absolute herein, and providing that a subsequent showing of diligence for the conditional water rights be made six years from the date of entry of a decree of diligence in this matter.

2013CW3032, ROUTT COUNTY, unnamed tributary to Oak Creek, tributary to Yampa River. APPLICATION FOR SURFACE WATER RIGHTS (CONDITIONAL). Name, mailing address, email address, telephone number of applicant: Allan White and Jane McLeod [“White and McLeod”], 32605 Routt County Road 35, Steamboat Springs, CO 80487, 970.846.3699, [email protected]. Direct all pleadings and court-related documents to Claire E. Sollars, Esq., P.O. Box 881302, Steamboat Springs, CO 80488-1302, [email protected], 970.757.2713. Names of Structures: Surface Structures: White Cloud Spring 1 and White Cloud Spring. Legal Descriptions (PLSS and Zone 13 UTM Coordinates (not averaged)): Both springs are located in Section 18, Township 5 North, Range 84 West, of the 6th Prime Meridian, in Routt County Colorado, on White and McLeod’s property known as 32605 Routt County Road 35, Steamboat Springs, CO 80487. Structure Name Qtr Qtr Sec. No. Dist (ft.) from N or S § line Dist (ft.) from E or W § line Easting Northing White Cloud Spring 1 SW4 NW4 18 1438 from N 170 from W 341925 4473237 White Cloud Spring 2 NW4 NW4 18 1103 from N 767 from W 342110 4473336 Source of Water: The source of water for both springs is an unnamed tributary Oak Creek, tributary to Yampa River. Appropriation and Beneficial Use: Date and Methodology of Appropriation: Both springs were appropriated June 30, 1998 by White and McLeod’s purchase of the real property upon which the water rights will be used, subsequent reconnaissance of property and physical inspection of spring locations. Date Water Applied to Beneficial Use: Not applicable. Amounts Claimed and Proposed Uses: White and McLeod claim conditional water rights for both springs. Quantities and Uses: Name of Spring Claimed Quantity (conditional) Proposed Uses White Cloud Spring 1 0.033 cfs Livestock, wildlife watering, fire control, and irrigation White Cloud Spring 2 0.033 cfs Livestock, wildlife watering, fire control, and irrigation If Irrigation Use: Acreage Historically Irrigated : none. Acreage Proposed to be Irrigated: White and McLeod propose to irrigate approximately 25 acres within the 145 acre parcel owned by them. Legal Description of Acreage: The area of proposed irrigation is located in the NW ¼ of Section 18, Township 5 North, Range 84 West of the 6th Prime Meridian and is depicted on the map filed contemporaneously with this Application. If Non-Irrigation, Full Description of Use(s): White and McLeod propose to use both springs for livestock, wildlife watering and fire control on their property. Name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: White and McLeod own the land where the springs are located and upon which the water rights will be used. Remarks or Other Pertinent Information: None.

13CW3033–ROUTT COUNTY. Application for Sexennial Finding of Due Diligence. Applicant: Morrison Creek Metropolitan Water and Sanitation District, 24490 Uncompahgre Road, Oak Creek, CO 80467. Direct Pleadings to: Thomas R. Sharp, Esq., P.O. Box 774968, Steamboat Springs, CO 80477. Name of Structure: Water Treatment Plant No. 1. A description of each conditional water right as to each structure, from the prior referee’s rulings and Judgments and Decrees is as follows: Water Treatment Plant No. 1: Date of original decree: December 10, 1973, District Court, Case No. W-488-73, Water Division No. 6. Previous findings of due diligence are found at Case Nos. 07CW9, 99CW14, 94CW107, 92CW68, 86CW145, 82CW12, and W-488-77. Location: In the NE1/4 of Section 1, T3N, R85W of the 6th P.M., described as follows: Considering the North Line of the Northeast 1/4, Section 1, T3N, R85W, of the 6th P.M., Routt County Colorado, to bear South 89 degrees, 46 minutes, West: (1) A 9.0 cfs pump suction line located on the southeasterly bank of the Yampa River at a point bearing North 61 degrees, 15 minutes, West a distance of 2460 feet from the Northeast Corner of Section 1, T3N, R85W, of the 6th P.M., Routt County, Colorado, and (2) A 9.0 cfs water treatment plant and pump plant located on the southerly shore of the proposed reservoir at an elevation of 7200.00 feet, bears North 72 degrees, 15 minutes, West a distance of 1680 feet from the NE corner of Section 1, T3N, R85W of the 6th P.M, Routt County, Colorado. Source: Yampa River. Appropriation Date: October 1, 1971. Amount: 9.0 cfs. Uses: Municipal (including industrial, commercial, irrigation, fire protection, & recreational), stockwatering, and fish and wildlife propagation. The following is a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The Applicant is a metropolitan water and sanitation district organized in 1972 to develop and maintain, among other purposes, a reliable water supply for the land and subdivision within the area known as Stagecoach in Routt County, Colorado. Water Treatment Plant No. 1 is a part of a larger integrated water supply system of the District, and a determination of such integrated water supply system, including identification of Water Treatment Plant No. 1 as a part of such system, was decreed by this Water Court in Case No. 94CW107. A. Work on Subject Water Right: Since the last diligence decree entered December 31, 2007, the Manager of the Applicant has been in sporadic negotiations with the owner of the lands southerly of the Stagecoach Reservoir for a possible acquisition by the Applicant of a water treatment plant site and easements at or near the location of the subject water right. The Applicant entered into a consulting contract on December 22, 2008, with HRS Water Consultants, Inc., of Lakewood, Colorado (“HRS”), to perform a number of water engineering services for the Applicant, including analysis of all existing water rights of the Applicant including Water Treatment Plant No. 1, and the preparation of a Water Master Plan for the District for the future build-out of the District. HRS completed such Water Master Plan, including utilization of the Water Treatment Plant No. 1 water right, and submitted such Plan to the Applicant under date of November 13, 2009. The Applicant reviewed such Water Master Plan and adopted it by Resolution dated December 29, 2009. The total cost to the Applicant for work of HRS in completing such Water Master Plan exceeded $50,000. B. Work on Other Parts of Integrated Water Supply System: In Case No. 07CW119, Applicant requested, and the Court granted in 2011, a change of water right to transfer 280 gpm decreed to Stagecoach Well No. 5 to Stagecoach Well Nos. 2, 2R and 10 in the amounts of 80, 100, and 100 gpm, respectively. During the diligence period, the Applicant drilled and monitored a test well near Wells 2 and 2R. Based upon the Water Master Plan prepared by HRS as above described, the Applicant filed with the Water Court in Case No. 2009CW72 a Master Water Augmentation Plan for the entire Morrison Creek District for the future build-out of the District area. The State and Division Engineers filed a Statement of Opposition to such filing, and such case remains pending before the Referee. As noted in the application in such 09CW72 case, the Water Treatment Plant No. 1 water right is intended to be utilized for non-potable supply of raw water to irrigate up to 125 acres of parks and golf course within the northern area of the District, and potentially to be used through a water treatment plant to supply municipal water to the District. The District continues to engage HRS to review and revise draft proposed decrees in such 09CW72 case, at a cost of thousands of dollars each year. Finally, in 2013, Morrison Creek Well 1 suffered significant curtailment from degradation of slotted piping, and the District expended more than $20,000 with a well drilling company to rehabilitate such Well 1 and return it to nearly full production. All of the above water rights are part of the integrated water rights system of the District, and the foregoing work constitutes water supply system development and planning for the District’s entire integrated water supply system, and in accordance with the Court’s findings and decree in Case No. 94CW107, such work constitutes diligence on the subject Water Treatment Plant No. 1 water right. C.R.S. §37-92-301(4)(b); See also, Vail Valley Consolidated Water District v. City of Aurora, 731 P.2d 665 (Colo. 1987). Applicant requests that the Court enter its decree finding that the Applicant has exercised reasonable diligence toward completion of the appropriation of 9.0 cfs decreed to the Water Treatment Plant No. 1 water right and continuing the uses decreed for such right.

13CW3034 ROUTT COUNTY Name, address, and telephone number of Applicant: Imago Enterprises, Inc., c/o Lester M. Kaplan, 140 Palmer Drive, Fort Collins, CO 80525, 970-226-6819; Please forward all pleadings, correspondence and inquiries to attorneys for the Applicant: Robert G. Weiss, Esq., Weiss and Van Scoyk, LLP, 600 S. Lincoln, Suite 202, Steamboat Springs, CO 80487, 970/879-6053; I. APPLICATION FOR CHANGE OF WATER RIGHT (Westland Pipeline No. 2); Decreed water rights for which change is sought: Name of structure: Westland Pipeline No. 2, Date of original and all relevant subsequent decrees: Date entered: December 31, 2007 Case No.: 2006CW50, Court: District Court, Routt County, Colorado; Legal description of structure: located in the SW ¼ NW ¼ of Section 17, Township 9 North, Range 84 West, 6th PM; 1640 feet from the North Section Line and 275 feet from the West Section Line; Decreed source of water: Unnamed tributary of the Elk River; Appropriation date: July 7, 2006; Total amount decreed to structure: 1.0 cfs, Conditional; Decreed uses or uses: Irrigation; If irrigation, complete the following: Number of acres proposed to be irrigated: 15.4 acres; Legal description of acreage: water for the Westland Pipeline No. 2 is decreed to be used to irrigate 15.4 acres of landscape located in the NE ¼ NE ¼ of Section 18, Township 9 North, Range 84 West, 6th PM; If non-irrigation, describe purpose fully: N/A; Amount of water that Applicant intends to change: 1.0 cfs, Conditional; Detailed description of change: Applicant sold the parcel of property on which the point of diversion for the referenced water right is located. Applicant entered into an agreement with the buyer to change the point of diversion for Westland Pipeline No. 2 so it is located on the Applicant’s property. This agreement was recorded in the real estate records for Routt County at Reception No. 694222 on December 14, 2009. Because a portion of the land proposed to be irrigated was located in the land sold. Applicant also desires to change the description of the land to be irrigated. Specifically, the point of diversion for Westland Pipeline No. 2 and the acreage irrigated by the Westland Pipeline No. 2 will be changed as shown on Exhibit A, attached and described below: Relocated point of diversion: Westland Pipeline No. 2 located in the SE ¼ NE ¼ of Section 18, Township 9 North, Range 84 West, 6th PM; 1335 feet from the North Section Line and 120 feet from the East Section Line; With the change in location for the pipeline, the lands irrigated under this structure will be changed as follows: If irrigation, complete the following: Number of acres proposed to be irrigated: 10.5 acres; Description of land to be irrigated: Water for the Westland Pipeline No. 2 is decreed to be used to irrigate 10.5 acres of landscape located in the NE ¼ NE ¼ of Section 18, Township 9 North, Range 84 West, 6th PM; Name and address of owner or reputed owner of land upon which any new diversion or storage structure will be constructed: Applicant for all above-described claims. II APPLICATION TO MAKE ABSOLUTE OR FOR FINDING OF DILIGENCE AND FOR FINDING THAT WATER RIGHT PRE-DATES CERTAIN CWCB INSTREAM FLOWS (Westland Pond No. 1); Name and type of structure: Westland Pond No. 1; Describe conditional water right (as to each structure) including the following information from previous decree: Date of original and all relevant subsequent decrees: Date entered: December 31, 2007, Case No.: 2006CW50, Court: District Court, Routt County, Colorado; Legal description of structure: Located in the County of Routt; NE ¼ NE ¼ of Section 18, Township 9 North, Range 84 West, 6th PM; 880 feet from the North Section Line and 1010 feet from the East Section Line; Decreed source of water: Unnamed tributary of the Elk River; Appropriation date: July 1, 1976; How appropriation is initiated: Construction and use of the pond; If claim to make absolute in whole: Date water applied to beneficial use: July 1, 1976; Amount claimed: 3.03 AF Absolute; Uses: For recreation, aesthetics and piscatorial uses and conditional for augmentation use; The application shall include supporting evidence that applicant diverted water in-priority and applied such water to beneficial uses claimed in the amounts claimed; This water right was decreed absolute for recreation, aesthetics and piscatorial uses in Case No. 06CW50. Pursuant to Senate Bill 13-041 a conditionally decreed storage right shall be made absolute for all decreed purposes. Description of place of use where water is applied to beneficial use; Conditional storage right previously decreed in Case No. 06CW50 for augmentation purposes has become an absolute water right by reason of completion of the appropriation and pursuant to C.R.S. §37-92- 301(4)(d)(e). Westland Pond No. 1 is made absolute for augmentation purposes in the amount of 3.03 acre feet; To the extent this water right is not made absolute for augmentation use, Applicant requests the Court to make a finding of reasonable diligence and to continue Applicant’s right for 3.03 acre feet for augmentation purposes based on the description of actions taken with respect to this water right and for completion of the appropriation and application of water to a beneficial use as conditionally decreed as described in Article III below; Date of water applied for beneficial use (July 7, 2006) pre-dates the instream flow water rights decreed to the CWCB (appropriation date of September 23, 1977) in Case Nos. 77-W-1279 (North Fork Elk River to confluence Rock Creek) and 77-W-1331 (Rock Creek to confluence Yampa River). Therefore, pursuant to C.R.S. §37-92-102(3) (b) the Westland Pond No. 1 water rights constitute “present uses or exchanges of water being made by other water users pursuant to appropriation or practices in existence on the date of such appropriation, whether or not previously confirmed by Court order decree”. Therefore, the Applicant requests a finding of the Court so confirming and further finding that the appropriation subject to this decree shall not be subject to curtailment based upon operation of the water rights of the CWCB adjudicated in Case No. 11-W-1331 and Case No. 77-W- 1279 in Water Division No. 6. III APPLICATION FOR DILIGENCE (Westland Pipeline No. 2); Name and type of structure: Westland Pipeline No. 2; Describe conditional water right (as to each structure) including the following information from previous decree: Date of original and all relevant subsequent decrees: Date entered: December 31, 2007 Case No.: 2006CW50; Court: District Court, Routt County, Colorado; Legal description of structure: Located in the SW ¼ NW ¼ of Section 17, Township 9 North, Range 84 West, 6th PM; 1640 feet from the North Section Line and 275 feet from the West Section Line (subject to relocation pursuant to application set forth in Section I above); Decreed source of water: Unnamed tributary of the Elk River; Appropriation date: July 7, 2006; Decreed source of water: Unnamed tributary of the Elk River; Total amount decreed to structure: 1.0 cfs, Conditional; Decreed uses or uses: Irrigation; If irrigation, complete the following: Number of acres historically irrigated: 0 acres; proposed to be irrigated: 10.5 acres as described in Section I above; Legal description of acreage: water for the Westland Pipeline No. 2 is decreed to be used to irrigate 10.5 acres of landscape located in the NE ¼ NE ¼ of Section 18, Township 9 North, Range 84 West, 6th PM (subject to relocation as set forth in Section I above); If non-irrigation, describe purpose fully: N/A; Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures; During the diligence period Applicant conducted logging operations on the area to be irrigated for the purpose of making the land suitable for irrigation at a cost of $23,075; During the diligence period Applicant developed for sale and sold a portion of the property on which the water rights decreed in Case No. 06CW50 were located; As set forth in decree issued in Case No. 06CW50, water rights decreed therein consisting of Westland Pond No. 1, Westland Pond No. 2, Westland Pipeline No. 1 and Westland Pipeline No. 2 are part of an integrated supply system to serve property then owned by Applicant. During the diligence period, a portion of that property was sold and the water rights in the Westland Pipeline No. 1 and the Westland Pond No. 2 water rights were conveyed to the buyer. The buyer has since completed the appropriation of such water rights and applied them to beneficial; Remarks: Applicant requests a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S. Section 37-92-302; and for change in point of diversion and land area to be irrigated for Westland Pipeline No. 2; and to make Westland Pond No. 1 absolute for augmentation purposes or for diligence for such water rights and for a finding that such water rights pre-date certain CWCB instream flows; and for finding of diligence for Westland Pipeline No. 2; and for such other relief as the Court deems just and proper.

2013CW3035, ROUTT COUNTY Concerning The Application For Water Rights Of Applicant: One Fifty One LLC, In the Elk River or its Tributaries. Attorney: Melinda H. Sherman, Esq., Atty. Reg. No. 23259, Sharp, Steinke, Sherman and Engle LLC, 401 Lincoln Ave, PO Box 774608, Steamboat Springs, Colorado 80477, Phone Number: (970) 879-7600 Fax Number: (970) 879-8162, E-mail:[email protected]. APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION. Applicant, One Fifty One LLC ("Applicant"), by and through its undersigned counsel, submits this Application as follows: Name, address and telephone number of Applicant: One Fifty One LLC, 14 Blackmer Road, Cherry Hills Village, CO 80113, 303-779-0004. Please direct all pleadings to Applicant’s counsel, Sharp, Steinke, Sherman & Engle LLC, at the address identified above. INTRODUCTION, Applicant has appropriated a number of water rights which will include a single unlined off-channel fishing pond that will be continuously freshened with direct flow diversions from an existing spring, and supplemented with previously stored groundwater. The Applicant is applying for a plan for augmentation to replace out of priority depletions associated with evaporation from the operation of the flow-through fishing pond at the appropriate time, location and amount with releases from a lined off-channel augmentation pond that will be constructed on site. I. UNDERGROUND WATER RIGHTS (151 LLC ALLUVIAL WELL NO. 1), 1. Name of well: 151 LLC Alluvial Well No. 1 (“Alluvial Well”). 2. Legal description: a. Legal Description of well – UTM Coordinates 335849 E, 4488478 N (NAD 83, Zone 13), b. Legal Description using PLSS, SE ¼ of Section 29, Township 7 North, Range 85 West of the 6th P.M., 3. Source: Groundwater tributary to Elk River. 4. Depth: Approximately 69 feet, or depth to bedrock. 5. Appropriation information: a. Date of initiation of appropriation: September 5, 2012. b. How appropriation was initiated: By formation of requisite intent to appropriate coupled with actions manifesting such an intent, including but not limited to: field inspections by water resources consultants, groundwater analysis, planning, field work, and engineering. c. Date water applied to beneficial use: N/A. 6. Amount claimed: 100 gpm, with a maximum annual withdrawal up to 30 AF (conditional). 7. Use or proposed use: a. If irrigation, complete the following: Irrigation is not a claimed beneficial use. i. Number of acres historically irrigated: N/A, ii. Total number of acres proposed to be irrigated: N/A. iii. Legal description of acreage to be irrigated: N/A. b. If non-irrigation, describe purpose fully: Diversions will be conveyed to storage in the 151 LLC Augmentation Pond No. 1 (see Section IV) and will subsequently be beneficially used for augmentation, recreation, piscatorial, fishing and wildlife, and aesthetic purposes, and in limited circumstances will be used to provide freshening flows in the 151 LLC Pond No. 1 (see Section II), A site detail map is provided as Exhibit A. 8. List of Property Owners of property on which the diversion is located: Applicant. II. UNDERGROUND WATER RIGHTS (151 LLC POND NO. 1), 1. Name of Well:151 LLC Pond No. 1 (“Fishing Pond”). 2. Legal description: a. Legal Description of well – UTM Coordinates 335661 E, 4488354 N (NAD 83, Zone 13), b. Legal Description using PLSS SE ¼ of Section 29, Township 7 North, Range 85 West of the 6th P.M. , 3. Source: Groundwater tributary to Elk River. 4. Depth of Well: Maximum depth of approximately 12 feet. 5. Appropriation information: a. Date of initiation of appropriation: September 5, 2012. b. How appropriation was initiated: By formation of requisite intent to appropriate coupled with actions manifesting such an intent, including but not limited to: field inspections by water resources consultants, groundwater analysis, planning, field work, and engineering. c. Date water applied to beneficial use: N/A. 6. Amount: The maximum surface area will be approximately 1.2 acres, and the maximum rate of evaporation is estimated to be approximately 0.64 AF per month conditional). 7. Use or proposed use: a. If irrigation, complete the following: Irrigation is not a claimed beneficial use. i. Number of acres historically irrigated: N/A. ii. Total number of acres proposed to be irrigated: N/A. iii. Legal description of acreage to be irrigated: N/A. b. If non-irrigation, describe purpose fully: Recreation, piscatorial, fishing and wildlife, and aesthetic purposes. 8. List of Property Owner of property on which the diversion is located: Applicant. III. SURFACE WATER RIGHTS, 1. Name of structure: Robinson Spring No. 1 Enlargement (“Spring Enlargement”). Robinson Spring No. 1 was originally decreed in Case No. W-185, and the location is being corrected through pending Case No. 13CW3028. 2. Legal description: a. Legal Description of Point of Diversion – UTM Coordinates: 335588 E, 4488533 N, (NAD 83, Zone 13), b. Legal Description using PLSS: SW ¼ of the SE ¼ of Section 29, Township 7 North, Range 85 West of the 6th P.M., at a distance of 1,649 feet from the east section line and 697 feet from the south section line of said Section 29. 3. Source: Continuously flowing spring, which is tributary to the Elk River, which is tributary to the Yampa River. 4. Appropriation information: a. Date of initiation of appropriation: September 5, 2012. b. How appropriation was initiated: By formation of requisite intent to appropriate coupled with actions manifesting such an intent, including but not limited to: field inspections by water resources consultants, planning, field work, and engineering. c. Date water applied to beneficial use: N/A. 5. Amount claimed: .03 cfs (13.5 gpm) (conditional). 6. Use or proposed use: a. If irrigation, complete the following: Irrigation is not a claimed beneficial use. i. Number of acres historically irrigated: N/A. ii. Total number of acres proposed to be irrigated: N/A. iii. Legal description of acreage to be irrigated: N/A. b. If non-irrigation, describe purpose fully: Continuously freshening 151 LLC Pond No. 1 (“Fishing Pond”) (see Section II above); augmentation through storage and subsequent release from 151 LLC Augmentation Pond No. 1 (“Augmentation Pond”) (see Section IV below); recreation; piscatorial; fishing and wildlife; and aesthetic purposes. A site detail map is provided as Exhibit A. 7. List of Property Owner of property in which the diversion is located: Applicant. IV. STORAGE WATER RIGHTS, 1. Name of Reservoirs:151 LLC Augmentation Pond No. 1 (“Augmentation Pond”). 2. Legal description: a. Legal Description – UTM Coordinates: The center point of the reservoir is located at 335849 E, 4488513 N (NAD 83, Zone 13), b. Legal Description using PLSS: SE ¼ of Section 29, Township 7 North, Range 85 West of the 6th P.M. 3. Source: a. Alluvial groundwater that is tributary to the Elk River, which will be diverted through 151 LLC Alluvial Well No. 1 (see Section I). b. Surface water diversions from the Spring Enlargement (see Section III). 4. Name of ditch filling reservoir, legal description: N/A. Reservoir will be filled using 151 LLC Alluvial Well No. 1 and Robinson Spring No. 1 Enlargement (see Sections I and III). 5. Appropriation information: a. Date of initiation of appropriation: September 5, 2012. b. How appropriation was initiated: By formation of requisite intent to appropriate coupled with actions manifesting such an intent, including but not limited to: field inspections by water resources consultants, groundwater analysis, planning, field work, and engineering. c. Date water applied to beneficial use: N/A. 6. Amount: a. Amount claimed: 5 acre-feet (AF), plus up to five refills, totaling 30 AF (conditional). b. If filled from a ditch, rate of diversion in cfs: N/A. Maximum filling rate will be 100 gpm (0.22 cfs), from the Alluvial Well. 7. Use or proposed use: a. If irrigation, complete the following: Irrigation is not a claimed beneficial use. i. Number of acres historically irrigated: N/A. ii. Total number of acres proposed to be irrigated: N/A. iii. Legal description of acreage to be irrigated: N/A. b. If non-irrigation, describe purpose fully: Stored water will be beneficially used for recreation, piscatorial, fishing and wildlife, and aesthetic purposes. Releases will be beneficially used for augmentation, providing a backup supplemental source of freshening flows for the 151 LLC Pond No. 1, recreation, piscatorial, fishing and wildlife, and aesthetic purposes. A site detail map is provided as Exhibit A. 8. Surface area of high water line in acres, height of dam in feet, length of dam in feet: a. Maximum surface area will be approximately 0.6 acres. b. Dam height will be less than the non-jurisdictional vertical dam height limitation of 10 feet. c. Dam length will not exceed approximately 615 feet, as determined using the estimated perimeter of the excavated and bermed structure. 9. Total capacity of reservoir in acre feet, active capacity and dead storage. a. Maximum capacity will be 5 AF. b. Active and dead capacity will be based on an as-built survey. 10. List of Property Owner of property on which the diversion is located: Applicant. V. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION, 1. Name of water rights to be augmented: a. Out-of-priority evaporative depletions from Robinson Spring No. 1 Enlargement diversions being routed through the 151 LLC Pond No. 1. b. Out-of-priority stream depletions that result from the pumping of the 151 LLC Alluvial Well No. 1. 2. Water rights to be used for augmentation: a. Augmentation water will be released from the 151 LLC Augmentation Pond No. 1 at the appropriate time, location, and amount to fully replace out-of-priority depletions and prevent injury to senior water rights. b. Such other water as may become available to Applicant from any other source legally available for augmentation or replacement and which can be provided in the amount at the time and at the location required for augmentation. Applicant also claims the right to use such other water in one or more substitute water supply plans that may be approved for operations prior to entry of a final decree. 3. Statement of Plan for Augmentation: a. Overview. The 151 LLC Fishing Pond No. 1 will be operated as a flow-through system, with water being conveyed from the Robinson Spring No. 1 Enlargement to the inlet of the 151 LLC Pond No. 1, routed through the 151 LLC Pond No. 1, and then returned to the Elk River. In limited circumstances, freshening flows may also be conveyed from the 151 LLC Augmentation Pond No. 1 to the inlet of the 151 LLC Pond No. 1.The 151 LLC Augmentation Pond No. 1 will be filled and refilled with diversions from the 151 LLC Alluvial Well No. 1 and/or the Robinson Spring No. 1 Enlargement. Out-of-priority depletions resulting from evaporation associated with the 151 LLC Pond No. 1’s flow-through operations and the pumping of the 151 LLC Alluvial Well No. 1 will be replaced at the appropriate time, location, and amount using releases from the 151 LLC Augmentation Pond No. 1. b. Fishing Pond Operations. Two water sources may be used to supply flow-through water in the 151 LLC Pond No. 1: 1) direct flows from the Robinson Spring No. 1 Enlargement; and 2) flows conveyed from the 151 LLC Augmentation Pond No. 1. The system will typically be operated by diverting water from the Robinson Spring No. 1 Enlargement to the 151 LLC Pond No. 1 and then conveying outflows to the Elk River. In limited circumstances, flows may also be conveyed from the 151 LLC Augmentation Pond No. 1 to the inlet of the 151 LLC Pond No. 1 to supplement flows from the Robinson Spring No. 1 Enlargement. c. Augmentation Pond Operations. Two water sources may be used for filling and refilling the 151 LLC Augmentation Pond No. 1: 1) the Robinson Spring No. 1 Enlargement; and 2) the 151 LLC Alluvial Well No. 1. Robinson Spring No. 1 Enlargement diversions to storage in the 151 LLC Augmentation Pond No. 1 will only be made when the Robinson Spring No. 1 Enlargement is in priority. 151 LLC Alluvial Well No. 1 diversions to storage in the 151 LLC Augmentation Pond No. 1 have a lagged effect on Elk River, so pumping will be timed so that most stream depletions accrue when the 151 LLC water rights are in priority, as described below. Releases from the 151 LLC Augmentation Pond No. 1 that are made for augmentation purposes will be conveyed directly to the Elk River in the SE ¼ of Section 29, Township 7 North, Range 85 West of the 6th P.M., approximately at a point with the following UTM Coordinates (NAD 83, Zone 13): 335925 E, 4488481 N. In limited circumstances, water may also be conveyed from the 151 LLC Augmentation Pond No. 1 to the inlet of the 151 LLC Pond No. 1 to supplement freshening flows from the Robinson Spring No. 1 Enlargement. d. Augmentation Requirements. The plan for augmentation applied for herein will provide for the replacement of out-of-priority evaporative losses from Robinson Spring No. 1 Enlargement diversions that are routed through the 151 LLC Pond No. 1 as well as out-of-priority lagged stream depletions from pumping of the 151 LLC Alluvial Well No. 1. The mean annual gross evaporation at the site is approximately 3.33 feet. Historical climate data indicate that exposed water surfaces can be expected to be frozen from at least December through February. The mean gross evaporation from March through November totals 3.15 feet. The maximum surface area of the 151 LLC Pond No. 1 will be 1.2 acres; therefore, the evaporative losses from March through November will total 3.78 AF if the structure is kept full at all times. Historical river call and streamflow data indicate that the conditional water rights applied for herein have the potential to be out of priority from August through March. This scenario has yet to occur; however, it provides a conservative estimate of the maximum potential augmentation requirements. Potential out-of-priority evaporative depletions from Robinson Spring No. 1 Enlargement diversions that are routed through the 151 LLC Pond No. 1 from August through March total 1.66 AF per year. 151 LLC Alluvial Well No. 1 diversions will be used primarily for filling the 151 LLC Augmentation Pond No. 1, and refilling to replace evaporative losses and augmentation releases. In limited circumstances, diversions may also be used to fill and refill the 151 LLC Augmentation Pond No. 1 to replace water that is conveyed to the 151 LLC Pond No. 1 to supplement freshening flows from the Robinson Spring No. 1 Enlargement. The infrequent withdrawals from the 151 LLC Alluvial Well No. 1 that are regulated in the 151 LLC Augmentation Pond No. 1 and then used for freshening the 151 LLC Pond No. 1 will be minimally consumed as a result of evaporation while being routed through the 151 LLC Pond No. 1. Out-of-priority depletions associated with this backup operation will be calculated as the lagged stream depletion from pumping of the 151 LLC Alluvial Well No. 1 minus the volume of water being returned to the Elk River from the 151 LLC Pond No. 1. Lagged depletion analyses indicate that 46% of depletions to the Elk River occur in the same month as pumping, and that all of the depletions will accrue by the end of the sixth month. Therefore, pumping of the 151 LLC Alluvial Well No. 1 will typically be limited to the months of April and May so that the majority of depletions to the Elk River are in priority. e. Plan for Augmentation Example. If 5.25 AF were pumped from the 151 LLC Alluvial Well No. 1 in May to ensure the 151 LLC Augmentation Pond No. 1 had 5.0 AF in storage at the end of the month after evaporative losses, then there would be a total of 0.37 AF of lagged depletions accruing during August, September, and October that have the potential to be out of priority. After releasing 2.03 AF to replace out-of- priority depletions (1.66 AF for evaporative losses from the 151 LLC Pond No. 1 and 0.37 AF for stream depletions from pumping the 151 LLC Alluvial Well No. 1), and accounting for evaporative losses from storage in the 151 LLC Augmentation Pond No. 1, there will be about 1.3 AF of water stored in the Augmentation Pond prior to being refilled in priority the following May. See Table 1 below regarding lagged stream depletions. This indicates that the plan for augmentation applied for herein is sufficient to offset out-of-priority depletions, and that the 5.0 AF 151 LLC Augmentation Pond No. 1 will provide a margin of safety for preventing injury to senior water rights. Table 1. Lagged stream depletion factors, Month (1 = Month of Diversion) 1, 2, 3, 4, 5, 6. Percentage Depletion to Elk River 46%, 35%, 12%, 4%, 2%, 1%. 4. No injury: Operation of the augmentation plan will prevent injury to any senior vested or decreed conditional water rights. The water to be provided for augmentation is of a quality and quantity so as to meet the requirements for which the water has been used by senior downstream appropriators, and therefore meets the requirements of C.R.S. § 37-92-305(5). 5. Name and address of owner or reputed owner of lands on which structures are located, upon which water is stored, or upon which water is placed to beneficial use: Applicant. The augmentation discharge into the side channel crosses property owned by the Applicant and encumbered by The Nature Conservancy before reaching the Elk River. The address for The Nature Conservancy is: 2905 Pearl Street, Boulder, Colorado, 80301. WHEREFORE, Applicant requests a Decree which: A. Finds that all notice and jurisdictional requirements have been met, including (without limitation) as required under C.R.S. § 37-92-302; B. Confirms and decrees the groundwater rights, surface water rights, and storage water rights as above described; C. Finds that as a result of the implementation of the above-described plan for augmentation, no injury will result to any vested or decreed conditional water rights; D. Approves and decrees the plan for augmentation described herein; and E. Grants to Applicant such other relief as the Court deems just and proper.

13CW3036 (03CW23, 10CW35) ROUTT COUNTY. Application to correct established but erroneously described points of diversion pursuant to section 37-92-305(3.6), c.r.s. concerning the application for water rights of: colorado division of parks and wildlife and the parks and wildlife commission [yampa wells]. c/o ERIN AGEE, Assistant Attorney General and BETH VAN VURST, Assistant Attorney General. Telephone: 720-508- 6293, 720-508-6312. Email: [email protected], [email protected]. 1300 Broadway, 7th Floor, Denver, Colorado 80203. The Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission (collectively “CPW”), by and through its undersigned counsel, hereby submits the following application to correct established but erroneously described points of diversion pursuant to C.R.S. § 37-92-305(3.6) for two water rights located within Yampa River State Park. 1. Name, Address, and Telephone Number of Applicant: Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission, c/o Water Unit Manager Alex Davis, 6060 Broadway, Denver, CO 80216, 303-291-7227. CLAIM ONE: East Pond Well. 1. Decreed water right for which correction is sought: a. Name of structure: East Pond Well. b. Date of original decree and all relevant subsequent decrees: i. Date of original decree: June 18, 2004, Case No.: 2003CW23 District Court, Water Division 6, Routt County, Colorado. ii. Subsequent decree awarding finding of diligence: October 25, 2013, Case No. 2010CW35 District Court, Water Division 6, Routt County, Colorado. c. Legal description of structure as described in most recent decree that adjudicated the location: “The center of this pond is located 1490 feet east of the west section line and 2590 feet north of the south section line in the NW ¼ SW ¼ of Section 7, Township 6N, Range 88W, 6th P.M.” The point of diversion identified for this water right is the same in both decrees. The map attached hereto as Exhibit A shows the decreed point of diversion for the East Pond Well. d. Decreed source of water: Alluvium of Yampa River. e. Appropriation Date: October 29, 1998. f. Total amount decreed to structure: 30 gpm, CONDITIONAL. The annual evaporative depletion from the East Pond Well shall not exceed 0.72 acre feet. The surface area of the pond shall not exceed .33 acres. g. Decreed use or uses: Evaporation, recreation, piscatorial, fire protection. 3. Detailed description of proposed correction: A. With this application, CPW seeks to correct the established but erroneously described point of diversion for the East Pond Well pursuant to C.R.S. § 37-92-305(3.6). The East Pond Well was constructed in 1998. The point of diversion (i.e., the pond) has been at the same physical location since it was constructed, including when the East Pond Well water right was first confirmed and adjudicated in Case No. 03CW23. CPW first began diverting water under the East Pond Well water right and applying that water to its decreed beneficial uses in 2004. The East Pond Well is therefore already in place and the water right associated with the East Pond Well has been exercised at its physical location since July 2004. Since the beginning, CPW staff believed that the established and decreed point of diversion for the East Pond Well were one and the same. However, the Division Engineer recently notified CPW that the East Pond Well may not be physically located at its decreed location. CPW has confirmed that the point of diversion for the East Pond Well water right has been erroneously described and seeks to correct that error through this Application. The East Pond Well water right will continue to be diverted and applied to the previously decreed beneficial uses following entry of a Ruling and Decree correcting the established but erroneously described point of diversion. B. Legal description of the corrected point of diversion: i. UTM Format (NAD 83, Zone 13; units in meters): The established location of the East Pond Well is Northing 4484887, Easting 304099. The source of the UTMs is National Agricultural Imagery Program photography. ii. Public Land Survey System Format: The established location of the East Pond Well is 980 feet east of the west section line and 2580 feet north of the south section line in the NW ¼ of the SW ¼ of Section 7, Township 6 North, Range 88 West, 6th Principal Meridian, Routt County. The source of this PLSS information is the latest version of the CadNSDI, which is a GIS dataset produced by the Bureau of Land Management to be the authoritative version of the PLSS. C. A map depicting the decreed location and the established location of the East Pond Well is attached hereto as Exhibit A. Through this Application, CPW seeks to decree the East Pond Well water right at its established location. 4. Name and address of owners of the land upon which any new diversion or storage structure, or modification to an existing diversion or storage structure is or will be constructed or upon which water is or will be stored: Applicant. CLAIM TWO: Yampa Park Well No. 1. 5. Decreed water right for which correction is sought: a. Name of structure: Yampa Park Well No. 1. b. Date of original decree and all relevant subsequent decrees: i. Date of original decree: June 18, 2004, Case No.: 2003CW23, District Court, Water Division 6, Routt County, Colorado. ii. Subsequent decree awarding finding of diligence: October 25, 2013, Case No. 2010CW35, District Court, Water Division 6, Routt County, Colorado. c. Legal description of structure as described in most recent decree that adjudicated the location: “The point of diversion is located in the NE ¼ SW ¼ Section 7, Township 6N, Range 88W, 6th P.M., 2120 feet from the south section line and 2320 feet from the west section line.” The point of diversion identified for this water right is the same in both decrees. The map attached hereto as Exhibit B shows the decreed point of diversion for the Yampa Park Well No. 1. d. Decreed source of water: Alluvium of Yampa River. e. Appropriation Date: June 18, 2002. f. Total amount decreed to structure: 30 gpm, CONDITIONAL, with an annual depletion not to exceed 14.65 acre feet. g. Decreed use or uses: Irrigation of 1.8 acres of landscape and 4.9 acres of pasture, evaporation, recreational, piscatorial, and fire protection uses. The irrigated area for this water right is located within the NW ¼ of the SW ¼ of Section 7, Township 6N, Range 88W of the 6th P.M. The total acreage irrigated by the Yampa Park Well No. 1 and the Headquarters Well (also decreed in Case No. 03CW23 but not at issue in this proceeding) combined in this area shall not exceed 6.7 acres. This right may be used to fill the West Pond (also decreed in Case No. 03CW23 but not at issue in this proceeding) and East Pond structures. 6. Detailed description of proposed correction: With this application, CPW seeks to correct the established but erroneously described point of diversion for the Yampa Park Well No. 1, pursuant to C.R.S. § 37-92-305(3.6). The Yampa Park Well No. 1 was constructed in 2003. The point of diversion (i.e., the pond) has been at the same physical location since it was constructed, including when the Yampa Park Well No. 1 water right was confirmed and adjudicated in Case No. 03CW23. CPW first began diverting water under the Yampa Park Well No. 1 water right and applying that water to its decreed beneficial uses in 2004. The Yampa Park Well No. 1 is therefore already in place and the water right associated with the Yampa Park Well No.1 has been exercised at its physical location since July 2004. Since the beginning, CPW staff believed that the established and decreed point of diversion for the Yampa Park Well No. 1 were one and the same. However, the Division Engineer recently notified CPW that the Yampa ParkWell No. 1 may not be physically located at its decreed location. CPW has confirmed that the point of diversion for the Yampa Park Well No. 1 water right has been erroneously described and seeks to correct that error through this Application. The Yampa Park Well No. 1 water right will continue to be diverted and applied to the previously decreed beneficial uses following entry of a Ruling and Decree correcting the established but erroneously described point of diversion. h. Legal description of the corrected point of diversion: i. UTM Format (NAD 83, Zone 13; units in meters): The established location of the Yampa Park Well No. 1 is Northing 4484683, Easting 304409. The source of the UTMs is National Agricultural Imagery Program photography. ii. Public Land Survey System Format: The established location of the Yampa Park Well No. 1 is 2024 feet east of the west section line and 1917 feet north of the south section line in the NE ¼ of the SW ¼ of Section 7, Township 6 North, Range 88 West, 6th Principal Meridian, Routt County. The source of this PLSS information is the latest version of the CadNSDI, which is a GIS dataset produced by the Bureau of Land Management to be the authoritative version of the PLSS. i. A map depicting the decreed location of the Yampa Park Well No. 1 compared with the established location of the Yampa Park Well No. 1 is attached hereto as Exhibit B. 7.Name and address of owners of the land upon which any new diversion or storage structure, or modification to an existing diversion or storage structure is or will be constructed or upon which water is or will be stored: Applicant.

2013CW3037, RIO BLANCO COUNTY– Application for Storage Water Right and Surface Water Right, Dean’s Reservoir and Emily Spring - Applicant: Richard Parr and Artie Parr, P.O. Box 761, Meeker, CO 81641, c/o Edward B. Olszewski, Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, Colorado 81602. FIRST CLAIM FOR STORAGE WATER RIGHT. Name of structure: Dean’s Reservoir. Legal description: NE ¼ SE ¼ Section 23, Township 1 North, Range 92 West of the 6th P.M., 844 feet West of the East line, 1,964 feet North of the South line. Source: Cottonwood Creek, tributary to Little Beaver Creek of Coal Creek of the White River. Date of appropriation: September 12, 2002. How appropriation was initiated: By actual staking of structure. Date water applied to beneficial use: December 1, 2012, for livestock watering, wildlife, firefighting, recreation and irrigation of 3 acres. Amount cla¬imed: 8 acre-feet, 1.32 acre feet of which is absolute for livestock watering, wildlife, firefighting, recreational and irrigation (3 acres) uses; conditional for irrigation of 17 additional acres and domestic. Use or Proposed Use: If irrigation, complete the following: Number of acres historically irrigated: 3. Number of acres proposed to be irrigated: 17. Legal description of acreage: 20 acres downstream of Dean’s Reservoir located in the NE ¼ SE ¼ Section 23, Township 1 North, Range 92 West of the 6th P.M. If non-irrigation, describe purpose fully: domestic, livestock watering, wildlife, firefighting, and recreational uses. Name and address of owner or reputed owner of the land upon which the spring is located: Applicant. Surface area of high water line: .75 acres. 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 of the dam: 15 feet. Length of the dam in feet: 198. Total Capacity of reservoir in acre feet: 1.32 acre feet. Active capacity: 1.32 acre feet; Dead storage: 0 acre feet. SECOND CLAIM FOR SURFACE WATER RIGHT. Name of structure: Emily Spring. Legal description: SE ¼ SW ¼ Section 13, Township 1 North, Range 92 West of the 6th P.M., 1,585 feet East of the West line; 100 feet North of the South line. Source: Natural spring from a rock formation, tributary to Cottonwood Creek of Little Beaver Creek of the White River. Date of appropriation: September 12, 2002. How appropriation was initiated: By actual staking of structure and improvement of spring. Date water applied to beneficial use: September 12, 2002. Amount cla¬imed: 0.05 cfs. Use or Proposed Use: Absolute for pond filling, livestock watering and wildlife, conditional for domestic, livestock watering, wildlife, firefighting and irrigation. If irrigation, complete the following: Number of acres historically irrigated: 3. Legal description of acreage: Legal description of acreage: A tract of land located in the NE ¼ SE ¼ Section 23, Township 1 North, Range 92 West of the 6th P.M. If non- irrigation, describe purpose fully: Pond filling, livestock watering, wildlife, domestic, and firefighting. Name and address of owner or reputed owner of the land upon which the spring is located: Applicant. Wherefore, Applicants request the Court approve their Application for Storage Water Right and Surface Water Right upon such terms and conditions as are just and proper. (5 pages, including 1 map)

2013CW3038, RIO BLANCO COUNTY– Application for Surface Water Rights, Hicks Spring No. 1, Hicks Spring No. 2, Applicant: Joyce Hicks, P.O. Box 303, Meeker, Colorado 81641, (970) 878-5346, c/o Edward B. Olszewski, Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, Colorado 81602. FIRST CLAIM FOR SURFACE WATER RIGHTS. Name of structure: Hicks Spring No. 1. Legal description: NE ¼ of the SW ¼ of Section 8, Township 1 South, Range 93 West of the 6th P.M. at a point 1,740 feet north of the south section line and 2,725 feet east of the west section line. Source: Spring and seeps tributary to an unnamed drainage, tributary of the White River. Date of appropriation: April 30, 1932. How appropriation was initiated: physical diversion of water into stock tank and stock pond and watering of livestock and wildlife; formation of intent to irrigate additional lands surrounding spring. Date water applied to beneficial use: April 30, 1932 for stockwatering and wildlife propagation; April 15, 2013 for irrigation. Amount cla¬imed: 0.01 cfs. Use or Proposed Use: Irrigation. If irrigation, complete the following: Number of acres historically irrigated: 0; proposed to be irrigated: 1.0 acre. Legal description of acreage: One acre of land immediately down-gradient of the Hicks Spring No. 1 located in the NE ¼ of the SW ¼ of Section 8, Township 1 South, Range 93 West of the 6th P.M. A map showing the irrigated area is attached as Exhibit A. If non-irrigation, describe purpose fully: livestock watering and wildlife propagation. Name and address of owner or reputed owner of the land upon which the diversion is located: Applicant. SECOND CLAIM FOR SURFACE WATER RIGHTS. Name of structure: Hicks Spring No. 2. Legal description: SE ¼ of the NE ¼ of Section 18, Township 1 South, Range 93 West of the 6th P.M. at a point 620 feet south of the north section line and 2,725 feet west of the east section line. Source: Spring and seeps tributary to an unnamed drainage, tributary of the White River. Date of appropriation: April 30, 1932. How appropriation was initiated: physical diversion of water into stock tank and stock pond and watering of livestock and wildlife; formation of intent to irrigate additional lands surrounding Applicant’s residence. Date water applied to beneficial use: April 30, 1932 for stockwatering and wildlife propagation; April 15, 2013 for irrigation. Amount cla¬imed: 0.25 cfs. Use or Proposed Use: Irrigation. If irrigation, complete the following: Number of acres historically irrigated: 0; proposed to be irrigated: 4.5 acres. Legal description of acreage: 4.5 acres located in the SE ¼ of the NE ¼ of Section 18, Township 1 South, Range 93 West of the 6th P.M. A map showing the irrigated area is attached as Exhibit A. If non-irrigation, describe purpose fully: livestock watering and wildlife propagation. Name and address of owner or reputed owner of the land upon which the diversion is located: Applicant. Wherefore, Applicant requests the Court approve her Application for Surface Water Rights upon such terms and conditions as are just and proper. (5pages, including 1 map)

13CW3039 ROUTT COUNTY - Application for Simple Change in Surface Point of Diversion Pursuant To C.R.S. §37-92-305(3.5). Applicant: Round Mountain Ranch, LLC, c/o Danny Souders, 51870 Routt County Road 129, Steamboat Springs, CO 80487. Attorneys for Applicant: Richard J. Mehren and Anne D. Bensard, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782. Name of Structure: Franz Desert Ditch No. 2. Original decree: W-315, as amended, District Court in and for Water Division No. 6, State of Colorado, entered on February 26, 1973. Decreed Location: At a point from which the SE corner of Section 9, T8N, R85W, of the 6th P.M. bears S 15°28’ East, 4534.02 feet (located in the NE¼ NE¼ of Section 9, T8N, R85W, of the 6th P.M.), Routt County, Colorado, as shown on Exhibit A. Actual Location: Located in the SW¼ of the SE¼ of Section 4, T8N, R85W of the 6th P.M., at a point 60 feet from the South section line and 1,405 feet from the East section line of said section, Routt County, Colorado, as shown on Exhibit A. The UTM location is NAD 83 Zone 13S: northing 4,504,459 m, easting 337,418 m. Decreed Source of Water: South Franz Creek, tributary to Franz Creek, tributary to the Elk River, tributary to the Yampa River. Appropriation Date: September 10, 1922. Total Amount of Water Decreed to Structure: 1.8 cfs, absolute. Decreed Use: Irrigation. Amount of Water that Applicant Intends to Change: 1.8 cfs, absolute. Description of Proposed Simple Change in Surface Point of Diversion: The actual location of the Franz Desert Ditch No. 2 as described in paragraph 2.c., above, is more than 200 feet from its originally decreed location as described in paragraph 2.b., above. Applicant has used and will continue to use the subject water right decreed to Franz Desert Ditch No. 2 for irrigation of the lands that are decreed to be irrigated by the water right. This simple change in point of diversion will correct the decreed location to the actual and historical location. There are no intervening surface diversion points or inflows into South Franz Creek between the actual point of diversion and the decreed point of diversion for the Franz Desert Ditch No. 2. There are no instream flow water rights within or above this reach. The simple change will not result in diversion of a greater flow rate or amount of water than has been decreed to the water right. Applicant has installed a measuring device at the actual location of the Franz Desert Ditch No. 2 to measure diversions from South Franz Creek. This will ensure that there will not be a diversion of a greater flow rate or amount of water than has been decreed to the Franz Desert Ditch No. 2. The simple change will not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right, because the water right will continue to be used to irrigate the lands that are decreed to be irrigated by the water right. The Applicant owns all of the decreed water rights on South Franz Creek from Impassable Canyon to its confluence with Franz Creek. The simple change will occur within this reach. Applicant also owns all of the decreed water rights on Franz Creek from its confluence with South Franz Creek to the confluence of Franz Creek and the Elk River. Landowner: Applicant.

13CW3040 ROUTT COUNTY - Application for Water Storage Right, Surface Water Rights, and for Approval of Plan for Augmentation. 1) Applicant: Round Mountain Ranch, LLC, c/o Danny Souders, 51870 Routt County Road 129, Steamboat Springs, CO 80487. Attorneys for Applicant: Richard J. Mehren and Anne D. Bensard, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782. Application for Water Storage Right: 2) Name of Structure: Round Mountain Ranch Lake (f/k/a Lake Milligan). a) Legal description of spillway: The spillway of the dam is located in the SW¼ of the SE¼ of Section 4, T8N, R85W of the 6th P.M., at a point 770 feet from the South section line and 2,510 feet from the East section line of said section, Routt County, Colorado, as shown on Exhibit A. The UTM location is NAD 83 Zone 13S: northing 4,504,684 m, easting 337,089 m. b) Source: Runoff and Franz Creek, all tributary to the Elk River, tributary to the Yampa River. c) Appropriation: i) Date of appropriation: September 16, 1994. ii) How appropriation was initiated: Construction of lake, diversion and storage of water, and application of water to beneficial use. iii) Date water applied to beneficial use: September 16, 1994. d) Amount claimed: i) Capacity: 54.3 acre-feet, ABSOLUTE, with a right to fill and refill continuously when in priority. ii) Rate of diversion for filling reservoir: Round Mountain Ranch Lake is an off-channel reservoir and will be filled primarily by a diversion channel that can divert and carry the entire flow of Franz Creek into the lake and, secondarily, by surface runoff from upgradient lands that accrues to the lake. Therefore, Applicant claims the right to divert and store in Round Mountain Ranch Lake the entire flow of Franz Creek and all runoff that accrues to the lake to the extent such flows are in priority. e) Uses: Augmentation, exchange, replacement, irrigation, domestic, aesthetic, piscatorial, wildlife, fire protection, stock water, and recreation. f) Surface area of high water line: 6.0 acres. i) Maximum height of dam: Less than 10 feet. ii) Length of dam: 1100 feet. g) Remarks: Round Mountain Ranch Lake was formerly known as Lake Milligan. No water right has been decreed for Lake Milligan. Application for Surface Water Rights: 1) Name of Structure: Lower Franz Creek Ditch. a) Legal description: Point of diversion is located in the SE¼ of the SE¼ of Section 4, T8N, R85W of the 6th P.M., at a point 805 feet from the South section line and 215 feet from the East section line of said section, Routt County, Colorado, as shown on Exhibit A. The UTM location is NAD 83 Zone 13S: northing 4,504,678 m, easting 337,788 m. b) Source: Franz Creek, tributary to the Elk River, tributary to the Yampa River. c) Appropriation: i) Date of appropriation: December 30, 2013. ii) How appropriation was initiated: The appropriation of the above-described water right was initiated by Applicant by manifestation of its intent to appropriate water in the amount and for the uses described herein, by construction of the diversion structure for the Lower Franz Creek Ditch, and by the filing of this application. d) Amount claimed: 1.0 cfs, CONDITIONAL. e) Use: Irrigation of approximately 21 acres, as shown on Exhibit A, and stock water. 4) Name of Structure: Lake Milligan Spring Enlargement. a) Original decree: Case No. 91CW04, Water Court in and for Water Division No. 6, entered April 23, 1992, nunc pro tunc, April 20, 1992. b) Location: Located at the SE¼ of the SW¼, Section 4, T8N, R85W, of the 6th P.M., Routt County, Colorado, at a point 4750 feet South and 2480 feet East of the NW Corner of said Section, as shown on Exhibit A. Water is diverted from the spring by means of a collection gallery and pump station. c) Source: Franz Creek, tributary to the Elk River, tributary to the Yampa River. d) Amount: 0.044 cfs, ABSOLUTE. e) Appropriation: i) Date of Appropriation: June 1, 1998. ii) How appropriation was initiated: The appropriation of the above-described water right was initiated by the Applicant by manifestation of its intent to appropriate water in the amount and for the purposes described herein, by the diversion and application of water to stock watering uses, and by the filing of this application. g) Use: Stock water. Application for Plan for Augmentation: 5) Names of Structures to be Augmented: a) Lake Milligan Spring: i) Original decree: Case No. 91CW04, Water Court in and for Water Division No. 6, entered April 23, 1992, nunc pro tunc, April 20, 1992. ii) Location: Located at the SE¼ of the SW¼, Section 4, T8N, R85W, of the 6th P.M., Routt County, Colorado, at a point 4750 feet South and 2480 feet East of the NW Corner of said Section, as shown on Exhibit A. Water is diverted from the spring by means of a collection gallery and pump station. iii) Source: Franz Creek, tributary to the Elk River, tributary to the Yampa River. iv) Amount: 0.044 cfs. v) Appropriation Date: December 1, 1989. v) Uses: Domestic. b) Lake Milligan Spring Enlargement: described above in paragraph 4. 6) Water right to be used for augmentation: a) Round Mountain Ranch Lake water storage right, described above in Paragraph 7. Statement of Plan for Augmentation: a) Water diverted from Lake Milligan Spring and Lake Milligan Spring Enlargement (collectively “Augmented Water Rights”) is used to supply: (i) indoor domestic uses in several homes, barns, and other structures located on the Round Mountain Ranch and outdoor domestic irrigation around those structures; and (ii) stock water uses associated with Applicant’s operations on the Round Mountain Ranch. The purpose of this plan for augmentation is to replace the out of priority depletions associated with use of water diverted by the Augmented Water Rights for indoor domestic and stock water uses. Accordingly, when the Augmented Water Rights are out of priority, Applicant will limit the use of water diverted by the Augmented Water Rights to indoor domestic and stock water uses only. When the Augmented Water Rights are out of priority, Applicant will use water stored in Round Mountain Ranch Lake under the Round Mountain Ranch Lake water storage right to be decreed by this application for augmentation of such out of priority depletions. Water stored in Round Mountain Ranch Lake will be released to Franz Creek for augmentation purposes in the general vicinity of the location where the Augmented Water Rights are diverted. b) The water diverted by the Augmented Water Rights and used for domestic indoor uses is treated by means of a septic system and leach field. For purposes of the plan for augmentation, Applicant will assume that ten percent of the amount of water used indoors is consumed and ninety percent returns to Franz Creek. If the Augmented Water Rights are out of priority year-round, the Applicant estimates that the maximum total annual augmentation requirement is 0.09 acre-feet for indoor domestic uses. For purposes of this plan for augmentation, the Applicant will assume that all water diverted by the Augmented Water Rights for stock water use is 100 percent consumed. All out of priority diversions for stock water use will be replaced by the requested plan for augmentation. Replacements will be made based on actual use when the Augmented Water Rights are out of priority. Applicant reserves the right to aggregate releases of augmentation water. Landowner: Applicant.

13CW3041; ROUTT COUNTY; Bear River tributary to the Yampa River. Barbara Palmer, 3501 East 29th Avenue, Denver, CO 80205, c/o Michael J. Sawyer, Esq., Karp Neu Hanlon, P.C., 201 14th Street, Suite 200, Glenwood Springs, CO 81601. Application for Surface Water Rights. Name of structure: Mill Ditch Palmer Enlargement. Legal description: A point in the NE1/4 of the SW1/4 of Section 22 in Township 2 North, Range 85 West at a point 1500 feet east of the west section line and 2451 feet north of the south section line in the 6th P.M., Routt County, State of Colorado. Practical location: a point immediately down ditch of the measuring device for the Mill Ditch and extending to a point located in the NE1/4 of the NE1/4 of Section 22 in Township 2 North, Range 85 West at a point 210 feet west of the east section line and 945 feet south of the north section line in the 6th P.M., Routt County , State of Colorado. Source: Inflow from all sources, including but not limited to Fix Ditch wastewater and seepage, springs, storm waters and seepage tributary to the Mill Ditch. Said inflows have historically been captured in the Mill Ditch. All sources are tributary to Bear River, tributary to the Yampa River. Date of appropriation: June 16, 1884. How appropriation was initiated: At the time the Fix Ditch was constructed, June 16, 1884, the Mill Ditch was already constructed and captured Fix Ditch wastewater and seepage as well as water from other sources, which were used, together with headgate diversions into the Mill Ditch, for irrigation and stockwatering uses. Date water applied to beneficial use: June 16, 1884. Amount: 1.5 c.f.s., absolute. Use: Irrigation and stockwatering; irrigation of approximately 35 acres of historically irrigated land located within the N1/2 of the SW1/4, NW1/4SE1/4, SE1/4NW1/4, SW1/4NE1/4, SE1/4NE1/4, and NE1/4NE1/4 of Section 22, Township 2 North, Range 85 West of the 6th P.M., Routt County, State of Colorado. The location of the irrigated area is depicted on Exhibit A on file with the Water Court. Name and address of owner of land upon which the structures are located: Applicant.

2013CW3042, ROUTT COUNTY, Groundwater tributary to Willow Creek, tributary to Elk River, tributary to Yampa River. Application for Finding of Reasonable Diligence and to Make Portion of Conditional Water Right Absolute. Name, mailing address, email address, telephone number of applicant: Steamboat Lake Water and Sanitation District (“Steamboat Lake”), c/o Kathleen Titus, P.O. Box 690 Clark, CO 80428, [email protected], 970.879.5898. All pleadings and court-related documents are to be provided to Claire E. Sollars, Esq., P.O. Box 881302, Steamboat Springs, CO 80488-1302, [email protected], 970.757.2713. Name of Structures: Steamboat Lake Water and Sanitation District Lot 124 Well ("Lot 124 Well" (now known as Lot 124-1 Well”); Steamboat Lake Water and Sanitation District Lot 84-2 Well ("Lot 84-2 Well") (previously referred to as “Doubek Well”); and Steamboat Lake Water and Sanitation District Lot 63-2 Well ("Lot 63-2 Well"). Description of Conditional Water Right: A. Original Decree: By decree entered on December 18, 2007, the Water Court awarded Steamboat Lake conditional underground water rights for Lot 124 Well, Lot 84-2 Well and Lot 63-2 Well in Case No. 2002CW94, Water Div. VI. B. Subsequent Diligence Decrees: This is the first diligence case concerning Lot 124 Well, Lot 84-2 Well and Lot 63-2 Well. C. Legal Description: All three wells are located in Township 9 North, Range 85 West of the 6th P.M., Routt County, Colorado and are further described in the decree as follows: i. Lot 124 Well: SW¼ NW¼ Section 10, 2245 ft. South of the North section line and 990 ft. East of the West section line of said section; ii. Lot 84-2 Well: SE¼ SE¼ Section 4, 450 ft. North of the South section line and 1100 ft. West of the East section line of said section; iii. Lot 63-2 Well: NE¼ NE¼ Section 9, 810 ft. South of the North section line and 785 ft. West of the East section line of said section. D. Source of Water: All Wells - Groundwater tributary to Willow Creek, tributary to Elk River, tributary to Yampa River. E. Appropriation Dates and Amounts: Appropriation date for all three wells: July 1, 2002. Amounts: Lot 124 Well: 25 gpm; Lot 84-2 Well: 50 gpm; and Lot 63-2 Well: 25 gpm. F. Uses: Steamboat Lake uses and will use water from all three wells (“Well Water”) for fire protection, piscatorial, wildlife, livestock watering, recreation, and general municipal uses within and without Steamboat Lake’s boundaries in Routt County, Colorado. General municipal uses include, without limitation, irrigation, domestic, commercial, industrial, and sewage treatment. Well Water that is or will be used within Steamboat Lake’s boundaries is subject to Steamboat Lake’s Plan for Augmentation, Water Div. VI Case No. W-1056-76, except for the use of livestock watering which is subject to administration as being filed in 2002. Well Water that is or will be used outside the District boundaries for any purpose is not included within the Plan for Augmentation and is subject to administration as being filed in 2002. G. Depths: Lot 124 Well: 320 ft.; Lot 84-2 Well: 380 ft.; and Lot 63-2 Well: 300 ft. Detailed Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Steamboat Lake provides water and sanitation services to lots in Filings 1 through 4 of the Steamboat Lakes Subdivision and also provides water for limited use, such as fire protection, outside of its boundaries. During the diligence period, Steamboat Lake expended considerable funds to update and expand its service system, including relocating water supply and main lines, updating fire protection systems, repairing water lines, upgrading the wastewater treatment plant, conducting test drilling, replacing wells, and completing Lot 124-1 Well, Lot 84-2 Well and Lot 63-2 Well. Lot 124-1 Well and Lot 63-2 Well are presently used as monitoring wells and Lot 84-2 Well is currently used as a back-up water supply. In 2011, Steamboat Lake submitted an “Application for Well Location Amendment” to correct the erroneously-described location for Lot 84-2 Well (formerly known as “Doubek Well”). On February 7, 2012, the State Engineer approved the amendment and the Doubek Well (Lot 84-2 Well) is now described as being located in the SE¼ SE¼ Section 4, Township 9 N, Range 85 W, of the 6th P.M., 1051 ft. from the South section line and 1192 ft. from the East section line of said Section 4. In addition to the service system expenditures, Steamboat Lake incurred expenses for professional services (such as engineers, surveyors and attorneys) related to the described system costs as well as those incurred in the preparation and filing of this application, and in conjunction with monitoring and evaluation of other water right filings. Also, Steamboat Lake is currently reviewing its water supply and sanitation services to update its District Master Plan and will use that plan with its ongoing evaluation of its future water needs, including development of its conditional water rights, and preparation of a Water Rights Master Plan. The total of these expenditures is approximately $2,946,000. Of that amount, Steamboat Lake has been awarded about $854,000 in grants and an additional loan of $329,000. If claim to make absolute in whole or in part: Steamboat Lake integrated Lot 84-2 Well (formerly known as “Doubek Well”) into its service system and thus seeks an absolute decree in the amount of 12 gpm of the 50 gpm conditional water right awarded to Lot 84-2 Well. A. Date water applied to beneficial use: July 2002. Amount: 12 gpm. Uses: fire protection, piscatorial, wildlife, livestock watering, recreation, and general municipal uses, including, without limitation, irrigation, domestic, commercial, industrial, and sewage treatment, within Steamboat Lake’s district boundaries in Routt County, Colorado. B. Supporting evidence of diversion and beneficial uses: Steamboat Lake regularly collects and maintains flow and usage information for its service system. This information will be compiled and filed with the Water Court. C. Description of place of use. Lot 84-2 Well has been integrated into the Steamboat Lake service system; it is used as a back-up water supply within Steamboat Lake’s district boundaries, which are depicted on the filed map. D. If actual location of the structure is different from the location in paragraph 3.C. above, provide the actual description. As stated above, the correct location for Lot 84-2 Well (formerly known as Doubek Well) is the SE¼ SE¼ Section 4, Township 9 N, Range 85 W, of the 6th P.M., 1051 ft. from the South section line and 1192 ft. from the East section line of said Section 4, in Routt County, Colorado. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Well Name Names of Landowners Mailing Address of Landowners Lot 124-1 Well Charles and Karen Parsons PO Box 779, Clark, CO 80428 Lot 84-2 Well Shane and Holt Patrick Fogarty 3874 Glacier Court, Minnestrista, MN 55375 Lot 63-2 Well Jason and April Weaver 5586 Maryland Ave. La Mesa, CA 91942 7. Remarks: Steamboat Lake respectfully requests the Water Court enter a decree in which the Water Court: (1) adjudicates 12 gpm of the 50 gpm conditional water right awarded to Lot 84-2 Well absolute for all decreed uses, (2) continues the remaining 38 gpm conditional water right awarded to Lot 84-2 Well in full force and effect for all decreed uses, (3) permits Steamboat Lake to correct the location of Lot 84-2 Well in the pending application rather than filing a separate application, and (4) continues the conditional water rights awarded to Lot 124-1 Well and Lot 63-2 Well in full force and effect for all decreed uses.

2013CW3043 ROUTT COUNTY Application for Absolute Water Rights (Surface) Applicant: Clinton Russell and Deborah Russell c/o Michael J. Holloran, Esq. P.O. Box 773600, Steamboat Springs, CO 80477, Attorney for Applicant, [email protected] 970-879-2410.Name of structure: Third Enlargement of the Mutual Ditch. Location:The legal description of the point of diversion is the headgate of the Mutual Ditch which is described in the Decree for the Mutual Ditch located at a point whence the quarter corner on the west side of Section 6, Township 6 North, Range 80 West bears north twenty degrees west, 10 chains, also described as UTM coordinates Northing 4486218 Easting 379320 Zone 13. The source is Big Grizzly Creek a tributary to the North Platte River. The date of appropriation is May 1, 1955. The appropriation was initiated by the diversion of water, construction of pipes and the diversion of water through the pipes and application of the water to the meadows. Date water applied to a beneficial use is May 1, 1955. The amount claimed in cubic feet per second is 8.86 cfs absolute and the use is irrigation and livestock watering. The irrigated acreage consists of 56 acres on real property described in the Application. The livestock will water at locations marked on a map attached to the Application. The structure and diversion are located on Applicant’s real property, whose address is 15225 Hwy 14, Coalmont, CO 80430.

13CW3044 ROUTT COUNTY; Bear River tributary to the Yampa River. Robert G. George, Jr., P.O. Box 212, Yampa, CO 80483 and Marieta K. Nelson, P.O. Box 111, Yampa, CO 80483, c/o Michael J. Sawyer, Esq., Karp Neu Hanlon, P.C., 201 14th Suite 200, Glenwood Springs, CO 81601. Application for Surface Water Rights. First Claim. Name of structure: Mill Ditch George Enlargement. Legal description: A point in the NE1/4 of the SW1/4 of Section 22 in Township 2 North, Range 85 West at a point 1500 feet east of the west section line and 2451 feet north of the south section line in the 6th P.M., Routt County, State of Colorado. Practical location: a point immediately down ditch of the measuring device for the Mill Ditch and extending to a point located in the NE1/4 of the NE1/4 of Section 22 in Township 2 North, Range 85 West at a point 210 feet west of the east section line and 945 feet south of the north section line in the 6th P.M., Routt County, State of Colorado. Source: Inflow from all sources, including but not limited to Fix Ditch wastewater and seepage, springs, storm waters and seepage tributary to the Mill Ditch. Said inflows have historically been captured in the Mill Ditch. All sources are tributary to Bear River, tributary to the Yampa River. Date of appropriation: June 16, 1884. How appropriation was initiated: At the time the Fix Ditch was constructed, June 16, 1884, the Mill Ditch was already constructed and captured Fix Ditch wastewater and seepage as well as water from other sources, which were used, together with headgate diversions into the Mill Ditch, for irrigation and stockwatering uses. Date water applied to beneficial use: June 16, 1884. Amount: 1.5 c.f.s., absolute. Use: Irrigation and stockwatering; irrigation of approximately 50 acres located in the NW1/4SE1/4, NE1/4SE1/4, SW1/4NE1/4, SE1/4NE1/4, of Section 22, and approximately 90 acres located in the NW1/4SW1/4, NE1/4SW1/4, NW1/4SE1/4 of Section 14, all located in Township 2 North, Range 85 West of the 6th P.M. Routt County, State of Colorado. Use of the Mill Ditch George Enlargement shall be supplemental to irrigation water derived from the Fix Ditch, the Mill Ditch, the Pennsylvania Ditch, and the Southside Ditch. Irrigated areas are depicted on Exhibit A. Name and address of owner of land upon which the structures are located: Barbara Palmer, Douglas and Claudia DeCosta. Second Claim. Name of Structure: Fix Ditch George Wastewater Appropriation. Legal Description of Point of Diversion: A point in the NW1/4 of the NE1/4 of Section 28 at a point 886 feet south of the north section line and 1863 feet east of the west section line, Township 2 North, Range 85 West, 6th P.M., Routt County, State of Colorado. Practical Location: That portion of the Fix Ditch located on or adjacent to Applicant’s property located in Section 22, Township 2 North, Range 85 West, 6th P.M., Routt County, State of Colorado. Source: wastewater and seepage water from the Fix Ditch, seepage springs arising on Applicant’s property. Said waters have historically irrigated Applicant’s property before being captured by the Mill Ditch. All sources are tributary to Bear River, tributary to the Yampa River. Date of appropriation: June 16, 1884. How appropriation was initiated: At the time the Fix Ditch was constructed, June 16, 1884, Fix Ditch wastewater and seepage as well as water from seepage springs, flowed across and were used for irrigation of Applicant’s property and stockwatering uses. Date water applied to beneficial use: June 16, 1884. Amount: 3.0 cfs, absolute. Use: Irrigation and stockwatering; irrigation of approximately 200 acres located in the SW1/4, SW1/4SE1/4, NW1/4SE1/4, NE1/4SE1/4, SW1/4NE1/4, SE1/4NE1/4, of Section 22, in Township 2 North, Range 85 West of the 6th P.M. Routt County, State of Colorado. Use of the Fix Ditch George Wastewater Appropriation shall be supplemental to irrigation water derived from the Fix Ditch. Irrigated areas are depicted on Exhibit B. Name and address of owner of land upon which the structures are located: Bueford E. Huffstetler, 2855 Galloway Road, Riverton, WY 82501. All Exhibits are on file with the Water Court.

You are hereby notified that you will have until the last day of FEBRUARY, 2014 to file with the Water Court a Verified Statement of Opposition, setting forth facts as to why a certain Application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must be served on the Applicant or the Applicant’s Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, Division 6, P.O. Box 773117, Steamboat Springs, CO 80477.

MARY ANN NINGER CLERK OF COURT ROUTT COUNTY COMBINED COURT WATER DIVISION 6

/s/ Melissa A. Rogers Deputy Court Clerk

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