DIVISION 5 WATER COURT- DECEMBER 2013 RESUME

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

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 (c/o Katie Radke, Program Manager), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: [email protected].

Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us.

Produced Nontributary Ground Water Notification List

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 (c/o Katie Radke, Program Manager), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or 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.

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW65 EAGLE COUNTY-TRIBUTARY TO THE COLORADO RIVER. George H. Wear; 601 W. 10th St.; Glenwood Springs, CO 81601 (970)274-2466. Application for Conditional Surface Water Rights. Dotsero Spring, Pump & Pipeline No. 9- UTM: N4,388,722.10 E319,655.54 Zone: 13 Amount: 1.801 cfs.; Dotsero Spring, Pump & Pipeline No. 10- UTM: N4,388,377.22 E319,633.73 Zone 13 Amount: 1.095 cfs; Dotsero Spring, Pump & Pipeline No. 11- UTM: N4,388,246.95 E319,458.06 Zone 13 Amount: 1.413 cfs; and Dotsero Spring, Pump & Pipeline No. 90- UTM: N4,388,864.30 E319,558.40 Zone 13 Amount: 1.589 cfs. All located in Sec 12, T5S, R87W 6th PM. Source: Colorado River. Uses: geothermal energy from geothermal fluid, recovery of geothermal fluid by-products, commercial, industrial, recreational, bathing, medicinal, domestic, wildlife, storage, fishery and evaporative. Appropriation date for all water rights: 12/25/13. Name and address of owner of land on which structures are located: U.S. BLM; 2815 H Rd.; Grand Junction, CO 81506. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 2

2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3087 GRAND COUNTY-1. Applicant: Jim and Karen Warner, P.O. Box 183, Pryor, Oklahoma 74362, c/o Stanley W. Cazier, Cazier, McGowan & Walker, Box 500, Granby, CO 80446, (970) 887-3376. 2. Name of Structure: Tibbetts Well No. 1. 3. APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR AUGMENTATION PLAN INCLUDING EXCHANGE AND DILIGENCE FOR UNDERGROUND WATER RIGHT. 4. Source: Ground water hydraulically connected to Colorado River. 5. Location: Tibbetts Well No. 1: SE1/4, Sec. 23, T3N, R76W of 6th PM, as follows: Beginning at the E1/4 corner of Sec. 23, T3N, R76W of 6th PM, Grand County, Colorado; thence N 8927'00" W a distance of 1130' to the true point of beginning; thence S 400'. 6. Use: One single family home with in-house use. 7. Type: Well. 8. Amount: 15 gpm. 0.5 acre foot for exchange. 9 Decreed 9/9/1994, 94CW077, Appropriation Date 4/14/1994. Applicants plan for Augmentation and Exchange involves a contract it has with Middle Park Water Conservancy District for water placed in storage in Granby Reservoir with additional terms and conditions decreed in 94CW077. (13 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3088 IN EAGLE AND SUMMIT COUNTIES, COLORADO. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF VAIL ASSOCIATES, INC. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, address, and telephone number of Applicant: Vail Associates, Inc. c/o General Counsel, 390 Interlocken Crescent, Suite 1000, Broomfield, CO 80021 Direct all pleadings to: Glenn E. Porzak (#2793) Porzak Browning & Bushong LLP, 929 Pearl Street, #300, Boulder CO 80302 (303) 443-6800. 2. Name of Structure: Beaver Creek Municipal Pipeline. Type: Direct Flow. 3. Description of water right to be augmented: (a) Name: Beaver Creek Municipal Pipeline. (b) Decree: June 29, 1973, in Case No. W- 436, District Court, Water Division No. 5 (the “Water Court”), as made absolute for industrial (snowmaking) use in Case No. 12CW95. (c) Location: The point of diversion is located on the left bank of Beaver Creek in the NE 1/4 NW 1/4 of Section 25, T. 5 S., R. 82W. of the 6th P.M. at a point whence the East Quarter Corner of Section 24, T. 5 S., R. 82W. of the 6th P.M. bears N. 40°00’ E. a distance of 5,200 feet. This point is 1370 feet from the north section line and 2035 feet from the west section line of said Section 25, as shown on Exhibit A hereto. (d) Source: The source of the water is Beaver Creek, a tributary of the Eagle River. (e) Appropriation date: November 26, 1971. (f) Amount: 3.0 cubic feet per second of time. (g) Uses: Industrial (snowmaking). 4. Augmentation Water Rights. To augment the Beaver Creek Municipal Pipeline described in paragraph 3 above, Applicant proposes to utilize by exchange all or portions of the following described water rights: (a) Green Mountain Reservoir. The contract right to the annual release of 720 acre feet of water per year from Green Mountain Reservoir. Green Mountain Reservoir was decreed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, for 154,645 acre feet, with an appropriation date of August 1, 1935. The Reservoir is located on the Blue River in Sections 11, 12, 13, 14, 15 and 24, T. 2 S., R. 80 W., and Sections 18, 19, 20, 21, 28, 29 and 34, T. 2 S., R. 79 W., 6th P.M., Summit County, Colorado. (b) Eagle Park Reservoir. The Applicant is entitled to the annual release and/or diversion of 720 acre feet from Eagle Park Reservoir, which is decreed by the Water Court in Case Nos. 92CW340 and 93CW301, for a combined total capacity of 27,600 acre feet, with an appropriation date of March 16, 1991, for 5,300 acre feet, and May 18, 1993, for 22,300 acre feet, together with the right to divert at the rate of 80 cfs under the August 10, 1956 appropriation date of the Pando Feeder Canal pursuant to the decree of the Water Court in Case No. 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. The north abutment of the dam crest is located approximately 160 feet north of the south section line and 650 feet east of the west section line of Section 28, T. 7 S., R. 79 W., 6th P.M., Eagle County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow and seepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the Blue River. In addition to the tributary area upstream of the reservoir, the specific points of diversion into storage for Eagle Park Reservoir are as follows: (1) The East Fork Interceptor Ditch, which has a capacity of 48 cfs and diverts from unnamed tributaries of the East Fork of the Eagle River at DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 3 the following points, all of which are located in Eagle County, Colorado: (i) 900 feet south of the north section line and 1100 feet west of the east section line of Section 5, T. 8 S., R. 79 W., 6th P.M. (ii) 1250 feet south of the north section line and 700 feet east of the west section line of Section 4, T. 8 S., R. 79 W., 6th P.M. (iii) 1200 feet north of the south section line and 800 feet east of the west section line of Section 33, T. 7 S., R. 79 W., 6th P.M. (iv) Runoff, surface flow, and seepage from the area above the East Fork Interceptor Ditch as it runs between the above-described points of diversion and Eagle Park Reservoir. (2) The Chalk Mountain Interceptor Ditch, which has a capacity of 12 cfs and diverts runoff and seepage as it runs a distance of approximately 3.4 miles from Fremont Pass, located in the W1/2 of Section 11, T. 8 S., R. 79 W., 6th P.M., northwesterly along State Highway 91 and the South side of Robinson Tailing Pond, thence westerly to the south of Chalk Mountain Reservoir and Robinson Reservoir, thence northwesterly to Eagle Park Reservoir. The Chalk Mountain Interceptor Ditch diverts water from the headwaters of Tenmile Creek in Summit County and from the headwaters of the East Fork of the Eagle River in Eagle County. (3) The East Interceptor Ditch, which has a capacity of 20 cfs and runs northeasterly from a point whence the northeast corner of Section 2, T. 8 S., R. 79 W., 6th P.M. bears North 77°20' East a distance of 850 feet at the north fork of McNulty Creek, thence along the east side of Robinson and Tenmile Tailing Ponds into Supply Canal No. 1 described below. The East Interceptor Ditch diverts water from the north fork of McNulty Creek and surface flow, seepage, and runoff from watersheds above it that are tributary to Tenmile Creek. (4) The Supply Canal No. 1, which has a capacity of 10 cfs and diverts water from the following tributaries of Tenmile Creek at the following points: (i) On the west bank of Humbug Creek at a point whence the southwest corner of Section 18, T. 7 S., R. 78 W. bears South 71°35' West a distance of 3250 feet. (ii) On the south bank of Mayflower Creek at a point whence the northeast corner of Section 24, T. 7 S., R. 79 W., 6th P.M. bears North 16°55' East a distance of 2250 feet. (iii) Runoff, surface flow, and seepage from the area above the Supply Canal No. 1 as it runs between the above-described points of diversion and the Climax Mill. (5) The Supply Canal No. 2, which has a capacity of 10 cfs and diverts water from the following tributaries of Tenmile Creek at the following points: (i) On the west bank of Searle Creek at a point whence U.S.L.M. Kokomo bears South 45°58' East 3740 feet (located in the NW1/4 of the SE1/4 of Section 13, T. 7 S., R. 79 W., 6th P.M.). (ii) On the south bank of Kokomo Creek at a point whence U.S.L.M. Kokomo bears North 39°36' east 2635 feet (located in the SE1/4 of Section 22, T. 7 S., R. 79 W., 6th P.M.). (iii) Runoff, surface flow, and seepage from the area above the Supply Canal No. 2 as it runs between the above-described points of diversion and the Climax Mill. (6) The East Fork Pumping Plant, which has a capacity of 6 cfs and diverts from the East Fork of the Eagle River at a point in the SE1/4 NE1/4 of Section 32, T. 7 S., R. 79 W., 6th P.M. at a point whence the NE corner of said Section 32 bears N. 31°53' E. a distance of 2414 feet. as Eagle Park Reservoir is augmented by exchange by decree of the Water Court in Case No. 95CW348 and as the East Fork Pumping Plant is augmented by exchange by decree of the Water Court in Case No. 03CW211. (c) Homestake Reservoir. The Applicant is entitled to the annual release of 268.5 acre feet of water from Homestake Reservoir. The right to the annual release of this Homestake Reservoir water is obtained pursuant to (1) the 2004 Water Exchange Agreement dated June 21, 2004, among the City of Aurora, the Eagle Park Reservoir Company, the Colorado River Water Conservation District, the Eagle River Water and Sanitation District, the Upper Eagle Regional Water Authority and the Applicant, and the Water Exchange Agreement dated June 17, 1998, among the foregoing parties and the City of Colorado Springs, as all such agreements are modified by the Consolidated Water Exchange Agreement dated January 5, 2010, among the foregoing parties and the City of Colorado Springs; and (2) the 2004 Homestake Reservoir Agreement dated July 22, 2004, among the Eagle Park Reservoir Company, the Colorado River Water Conservation District, the Eagle River Water and Sanitation District, the Upper Eagle Regional Water Authority and the Applicant, and the April 21, 1998 Homestake Reservoir Agreement between these same parties. Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed by the Eagle County District Court in Civil Action No. 1193 for 83,338.98 acre feet conditional, 43,504.7 acre feet of which is now absolute. This reservoir is located on Homestake Creek with a dam being located whence the NW Corner of Section 31, T. 7 S., R. 80 W., 6th P.M. sources of supply of said reservoir are the East Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. 5. Plan for Augmentation and Exchange. (a) Overview. By this Application, the Applicant seeks approval of a plan to augment by exchange out of priority diversions from the Beaver Creek Municipal Pipeline described in paragraph 3 above, up to a maximum of 720 consumptive acre feet per year, subject to subsections (b), (c) and (d) below. To augment such out of priority depletions, the Applicant will cause the release of up to 720 acre feet annually from Green Mountain Reservoir, up to 720 acre feet annually from Eagle Park Reservoir, and/or up to 268.5 acre feet annually from Homestake Reservoir. (b) Depletions Factors. In determining the amount of depletions resulting from the use of water under the Beaver Creek Municipal Pipeline, 100% of all industrial diversions for snowmaking will be considered consumptive at the time of diversion. (c) Transit Losses. Reasonable transit losses associated with the augmentation releases will be determined and assessed by the Division Engineer pursuant to statutory authority. (d) Exchange. The augmentation by exchange will operate when in priority and will not operate to the extent any intervening water rights within the exchange reach segments that are senior to this exchange plan place a call that is recognized and administered by the Division Engineer. This term shall not affect or apply to the unaugmented diversion of the Beaver Creek Municipal Pipeline under its original decreed priority. The priority date of this exchange is December 4, 2013, and the rate of exchange is 3 cfs. The exchange reach segments for the Green Mountain Reservoir water are from the confluence of the Colorado and Eagle Rivers up to the point of diversion at the Beaver Creek Municipal Pipeline on Beaver Creek. The exchange reach for the Eagle Park Reservoir and Homestake Reservoir water is from the confluence of Beaver Creek and the Eagle River to the Beaver Creek Municipal Pipeline. 6. Land Ownership. The Beaver Creek Municipal Pipeline is located and used on land owned by the Applicant and Applicant has a contract DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 4 interest in the water from Green Mountain, Eagle Park and Homestake Reservoirs used for augmentation purposes. WHEREFORE, Applicant seeks approval of the plan for augmentation and exchange described herein, and such other and further relief as this Court deems just and proper. (7 Pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3089 GRAND COUNTY – WATER DIVISION NO. 5. (1) Moose Ridge Association, c/o Benjamin F. Blair, President, 2800 S. University Blvd #10, Denver, CO 80210, c/o John D. Walker, Cazier, McGowan & Walker, Box 500, Granby, CO 80446, 970-887-3376. (2) Application For Finding of Reasonable Diligence. (3) Name of Structures: Blair Well No. 1 and Blair Well No. 1 Exchange. (4) Source: Ground water hydraulically connected to Shadow Mountain Reservoir, tributary to the Colorado River. (5) Use of Well: Domestic for up to 12 units and irrigation not to exceed 3,000 square feet. (6) Exchange Water: Granby Reservoir and/or Wolford Mountain Reservoir. (7) Exchange Reach: Blair Well No. 1 to where Granby Reservoir or Wolford Mountain Reservoir releases meet the Colorado River. (8) Location of Well: Blair Well No. 1 is located in the NE 1/4 SE 1/4 of Sect 12, T3N, R76W of the 6th P.M., 3160 feet from the North line and 1060 feet from the East line of said Sect 12. (9) Well Amount: 50 gpm, conditional, up to 3.87 af/yr. (10) Exchange Amount: 0.111 cfs, limited to 3.87 af/yr. (11) Appropriation Date for Well and Exchange: October 11, 2005. (12) Original Decree: December 31, 2007, Case No. 05CW203, Water Division No. 5. (13) Subsequent Decree: This is the first diligence. (14) Additional Information: Exh A (General Location Map), Exh B (Map of Downstream Terminus), and Exh C (Well Information) attached to the Application. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3090 GRAND COUNTY; NORTH FORK OF THE COLORADO RIVER; TRIBUTARY TO THE COLORADO RIVER. Edward and Callae Rounds, 279 S. Euclid Avenue, Pasadena, CA 91101, c/o Michael J. Sawyer, Esq., Karp Neu Hanlon, 201 14th Street, Suite 200, Glenwood Springs, CO 81601. Application for Finding of Reasonable Diligence. Name of structure: Mountain Meadows Well No. 1. Date of original decree: December 21, 1987, in Case No. 87CW184, in the District Court in and for Water Division No. 5. Subsequent decrees awarding findings of diligence: Findings of Reasonable Diligence were previously awarded to this structure in Case Nos. 93CW249, 00CW52 and 07CW35, in the District Court in and for Water Division No. 5. Legal description: The Mountain Meadows Well No. 1 is located in the Northeast ¼ of the Northeast ¼ of Section 14, Township 3 North, Range 76 West of the 6th P.M., at a point whence the Northeast Corner of said Section 14 bears North 68º12’ East a distance of 1,077 feet. The Mountain Meadows Well No. 1 is more fully described as located in the Northeast ¼ of the Northeast ¼ of Section 14, Township 3 North, Range 76 West of the 6th P.M., at a point 533 feet South of the North line and 952 feet West of the East line of said Section 14. A water rights location map is attached as Exhibit A. Source: Groundwater tributary to the North Fork of the Colorado River, tributary to the Colorado River. Amount: 15 g.p.m., conditional. Date of Appropriation: June 9, 1987. Uses: In-house domestic use. The Application provides a detailed outline of what has been done during the diligence period toward or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures. See Exhibit B. Name and address of owner of land upon which structures are located: Applicant. All Exhibits are on file with the Water Court. (6 pgs) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 5 applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3091 GRAND COUNTY. Early spring-flood and run-off waters in a 2 square mile watershed, tributary to the Fraser River. Application for Finding of Reasonable Diligence. Applicants: Town of Granby, Scotty P. Krob, 8400 Prentice Ave., Penthouse Greenwood Village, CO 80111; Silver Creek Water and Sanitation District, Timothy J. Beaton, Moses, Wittemyer, Harrison & Woodruff, P.C., 1002 Walnut Street, Suite 300, POB 1440, Boulder, CO 80306-1440; Granby Realty Holdings, LLC, Christopher L. Geiger, Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602. Structure: DeBerard Reservoir. Information for subject cond. water rights: Orig. Decree: 8/3/1911. Case No.: C.A. 183. Ct: Dist. Ct, Grand County. Subsequent diligence: Case No. 06CW104, 12/17/2007, Dist. Ct, Garfield County. Decreed location: NE 1/4 SW 1/4, Sec. 9, T. 1 N., R 76 W., 6th P.M. The confirmed location of the outlet works of the dam is a pt. in E1/2 SW1/4, Sec. 9, T. 1 N., R 76 W., 6th P.M. at a pt. 2,080 ft. from the S. line and 2,310 ft from the W. line of said Sec. A location map is Exhibit A to app. Approp. Date: 4/30/1907. Amt.: 340,000 cubic feet (7.8 a.f.), cond. Use: Irr. per original decree C.A. 183, storage for aug. releases per decree entered in W-1881, Water Ct., Water Division No. 5. In Case No. W-1881, Water Ct., Water Division No. 5, this water right was decreed part of an integrated system of water rights including a plan for aug., storage rights, surface rights, and groundwater rights, all of which are intended to serve Co- Applicants’ proposed residential and comm. development and/or metropolitan service areas in and near the Town of Granby. A complete list of diligence activities is on file with this Ct. The Co-Applicants have no intention of abandoning any portion of the subject water right. No new, modified or enlarged structures are contemplated in connection with this application. (8 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 2013CW3092 GARFIELD COUNTY, SPRING TRIBUTARY TO COLORADO RIVER. Iron Mountain Properties, LLC, 51000 Two Rivers Plaza, Glenwood Springs, CO 81601, (970)-618-7127, [email protected], Applicant’s attorney: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., 200 North 6th St., P.O. Box 338, Grand Junction, CO 81502, (970)242-6262, [email protected]. Application For Surface Water Right. Name of Structure: Iron Mountain Spring; Type: Spring; Legal Description: The point of diversion is located in Garfield County in the SW ¼ SW ¼ of Sec. 4, T6 S., R89 W., 6th PM, at a point 397 ft from the south sec. line and 502 ft from the W. sec. line of said Sec. 4 (Source: DWR Aquamap (PLSS Locator)). UTM coordinates: Northing: 4,381,141; Easting: 299,245; see map attached to Application as Ex. A. Source: Spring tributary to the Colorado River. Date of Appropriation: November 9, 2013; Amount Claimed: 200 g.p.m. (0.4456 c.f.s.), conditional. Uses: Extraction of geothermal energy from the water flowing from the spring, recovery of geothermal by-products (as that term is defined in C.R.S. 37-90.5-103(1.5)) from the water flowing from the spring, and domestic, commercial, heating, recreational, bathing, swimming, therapeutic and medicinal purposes. Name and address of owner: The point of diversion will be located on land owned by Colorado Department of Transportation, 202 Centennial Street, Glenwood Springs, CO 81601. Remarks and Comments: The Iron Mountain Spring is a geothermal spring that discharges at the point of diversion described above. It will be developed using a near-surface structure as defined in C.R.S. 37-92-103(14)(b). The Iron Mountain Spring will be developed for use on the following described real property located in Garfield County: Lot 2, Block 1, North Glenwood Center, Glenwood Springs, Colorado, Lot 1, Block 2, North Glenwood Center, Glenwood Springs, Colorado, Lot 8, Section 4, Township 6 South, Range 89 West, 6 th P.M., and Lot 7, Section 9, Township 6 South, Range 89 West, 6th P.M. Applicant is a party to a contract to purchase the above described real property from the owners of that property and has permission from and the consent of the owners of the property to file this Application. (5 Pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 6 granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3093 IN PITKIN COUNTY, COLORADO. APPLICATION FOR CHANGE OF WATER RIGHT. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ELK WALLOW RANCH, LLC. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, Address, and Telephone Number of Applicant: Elk Wallow Ranch, LLC, P.O. Box 7877, Aspen, Colorado 81612. Direct all pleadings to: Kristin H. Moseley, William D. Wombacher, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302 (303) 443-6800. 2. Name of Structures. (a) Hines Owl Creek Ditch (b) Hines Owl Creek Ditch – First Enlargement. Remark: The locations of the structures listed above and described in Paragraph 3 below are depicted on the map attached hereto as Exhibit A. 3. Description of the Water Rights to be Changed. The Hines Owl Creek Ditch was originally decreed on March 24, 1987 in Case No. 86CW277, the District Court in and for Water Division No. 5, State of Colorado (the “Water Court”). Subsequent diligence findings occurred in Case Nos. 93CW47, 99CW106, 05CW236 and 12CW153. The Hines Owl Creek Ditch First Enlargement was originally decreed on October 17, 1995 in Water Court Case No. 93CW79. Subsequent diligence findings occurred in Case Nos. 01CW261 and 09CW08. (a) HINES OWL CREEK DITCH (i) Decreed Location: SW1/4 SE1/4 of Section 9, Township 10 South, Range 85 West of the 6th P.M. at a point whence the North Quarter Corner of said Section 9 bears North 7 degrees West 4,350 feet (Pitkin County). (ii) Source: Owl Creek, a tributary to the Roaring Fork River, a tributary to the Colorado River. (iii) Appropriation Date: July 8, 1986. (iv) Amount: 1.0 c.f.s., conditional. (v) Uses: Domestic, livestock, irrigation, piscatorial, and the delivery of water into storage in the Marolt Pond and Marolt Reservoir. (vi) Amount Subject to Requested Change: 1.0 c.f.s., conditional (b) HINES OWL CREEK DITCH – FIRST ENLARGEMENT (i) Decreed Location: SW1/4 SE1/4 of Section 9, Township 10 South, Range 85 West of the 6th P.M. at a point whence the North Quarter Corner of said Section 9 bears North 7 degrees West 4,350 feet (Pitkin County). (ii) Source: Natural inflow from an unnamed tributary of Owl Creek, a tributary to the Roaring Fork River, a tributary to the Colorado River. (iii) Appropriation Date: May 28, 1992. (iv) Amount: 2.0 c.f.s., conditional. (v) Uses: Domestic, irrigation, livestock, piscatorial, fish propagation, and delivery of water into storage in Marolt Reservoir and Marolt Pond. (vi) Amount Subject to Requested Change: 2.0 c.f.s., conditional. 4. Description of the Change of Water Rights. Applicant seeks to change the diversion point for the Hines Owl Creek Ditch and Hines Owl Creek Ditch - First Enlargement to the following location: SE1/4 SW1/4 of Section 9, Township 10 South, Range 85 West of the 6th P.M. at a point 1,178 feet from the South section line and 2,654 feet from the East section line of said Section 9. UTM(x) = Zone 13, 337031.5 meters; UTM(y) = 4339774.0 meters. The originally decreed location of the subject water rights is some distance from Owl Creek and may have resulted from an error in its legal description or gradual changes in the path of the creek. No other changes are sought. 5. Name and address of the owner of the land on which the subject conditional water rights are located. Applicant. WHEREFORE Applicant requests that the Water Court issue a final decree that (i) approves the change of water right described in paragraph 4 above, and (ii) provides such other relief as may be appropriate and consistent with this application. (4 Pages & 1 Map) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3094 IN SUMMIT COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS, AND APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE TOWN OF BRECKENRIDGE. DISTRCIT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Glenwood Springs, CO 81601. 1. Name, Address and Telephone Number of Applicant. Town of Breckenridge, c/o Town Manager, P.O. Box 168, Breckenridge, CO 80424; c/o direct all pleadings to: Glenn E. Porzak, Karen L. Henderson, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Name of structures: Breckenridge Pipeline, Breckenridge DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 7

Pipeline Enlargement, Clinton Gulch Reservoir, Windy Gap water, Dillon Reservoir, Upper Blue Reservoir and Goose Pasture Reservoir, 1st Enlargement. 3. Description of water right to be decreed and augmented: Breckenridge Pipeline Enlargement claimed for 5.6 cfs conditional with an appropriation date of November 26, 2013, for municipal, domestic, commercial, industrial, irrigation, fire fighting, and snowmaking purposes, the source of which is the Blue River, located on the west bank of the Blue River in the SW 1/4 SE 1/4 of Section 31, T. 5 S., R. 77 W., of the 6th P.M. at a point 705 feet from the South Section line and 1,625 feet from the East Section line of said Section 31. Alternatively, the point of diversion will be located on the east bank of the Blue River in the SW1/4 SE1/4 of Section 31, T. 5 S., R. 77 W., of the 6th P.M. at a point 705 feet from the South Section line and 1,605 feet from the East Section line of said Section 31. A map of the Breckenridge Pipeline Enlargement point of diversion and alternate point of diversion is attached as Exhibit A. 4. Description of water right to be changed and further augmented: 5.6 cfs of the Breckenridge Pipeline, decreed by the District Court in and for Water Division No. 5, State of Colorado (the “Water Court”), in Consolidated Case Nos. 80CW444, 81CW107, 81CW487 and 81CW488 (the “Consolidated Cases”) for 20 cfs and in Case No. 83CW51 for an additional 3 cfs, as modified in Case No. 84CW289, for municipal, domestic, commercial, industrial, irrigation, firefighting, sewage treatment and snowmaking purposes, the source of which is the Blue River, as augmented by decrees in the Consolidated Cases, 83CW51, and 92CW299. The Breckenridge Pipeline is located at a point whence the SW Corner of Section 5, T. 7 S., R. 77 W. of the 6th P.M. lies N. 02°41ꞌ39" E. a distance of 3,026.64 feet. The alternate point of diversion is located on the west bank of the Blue River at Maggie Pond in the NW 1/4 NW 1/4 of Section 6, T. 7 S., R. 77 W. of the 6th P.M. near the confluence of Illinois Gulch and the main stem of the Blue River. 5. Sources of augmentation water: (a) 133.93 acre feet out of the 158.93 acre feet to which Breckenridge is entitled each year in Clinton Gulch Reservoir, decreed by the Water Court in Case Nos. W-2559, 92CW65 and 06CW252 for 4460 acre feet for industrial, domestic, municipal, irrigation, recreation, fish and wildlife propagation, snowmaking and augmentation uses, together with the refill right decreed in Case No. 92CW65, as operated pursuant to and entitled to the benefits of the Clinton Reservoir-Fraser River Water Agreement dated July 21, 1992, as amended, between the City and County of Denver acting by and through its Board of Water Commissioners (“Denver Water”) and, among other parties, Breckenridge. The source of Clinton Gulch Reservoir is Clinton Creek, tributary to the Ten Mile Creek, a tributary of the Blue River, and the dam is located at a point in the SW ¼ NW ¼ of Section 25, T. 7 S., R. 79 R., 6th P.M., at a point whence the North quarter corner of said Section 25 bears N. 33°51ꞌ50" E. 2840.44 feet. Nothing contained herein shall modify the terms of the decree in Water Court Case Nos. W-2559, 92CW65, 92CW299 and 06CW252. (b) 88.60 acre feet out of the 3000 acre feet of water per year produced form the Windy Gap Project and stored in Granby Reservoir pursuant to paragraph 17 of the April 30, 1980 agreement between the Municipal Subdistrict of the Northern Colorado Water Conservancy District and among other parties, the Middle Park Water Conservancy District (“Middle Park”), as assigned in part by water allotment contract dated January 9, 1986 and quitclaim deed dated January 9, 1987, between Middle Park and Breckenridge, and as stored by exchange into Goose Pasture Tarn by decree of the Water Court in Case No. 87CW243. Goose Pasture Tarn is located in Sections 7 and 8, T. 7 S., R. 77 W., 6th P.M. The initial point of survey is at a point whence the Northwest corner of Section 8, T. 7 S., R. 77 W., 6th P.M., bears N. 25°22ꞌ W. a distance of 3413.1 feet. The Windy Gap Project diverts at a point on the North bank of the Colorado River whence the NW corner of Section 25, T. 2 N., R. 77 W., 6th P.M. bears 17°30ꞌ West a distance of 2380 feet. Granby Reservoir is located on the Colorado River upstream of its confluence with the Fraser River in all or parts of Sections 25, 26, 27, 34, 35 and 36, T. 3 N., R. 76 W.; Sections 29, 30 and 32, T. 3 N., R. 75 W; Sections 1, 2, 3, 10, 11, 12, 13 and 15, T. 2 N., R. 76 W.; and Sections 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 21, 22 and 23, T. 2 N., R. 75 W., 6th P.M., Grand County, Colorado. The foregoing exchange water is hereinafter referred to as the “Windy Gap water.” (c) 108 acre feet of water per year from Dillon Reservoir which is located on the Blue River in Sections 7, 8, 17, 18, 19, 20, 21, 30 and 31, all in T. 5 S., R. 77 W. of the 6th P.M., and in Sections 13, 23, 24, 25, 26, 35 and 36, all in T. 5 S., R. 78 W. of the 6th P.M., pursuant to the terms of paragraph 5(a) of the Colorado River Cooperative Agreement with Denver Water. The replacement water to Denver Water for the 108 acre feet of Dillon Reservoir water will be furnished from 151 acre feet of the historic consumptive use credits from the water rights described in the attached Exhibit A which are stored in Green Mountain Reservoir pursuant to the decrees in the Consolidated Cases and Case No. 83CW51, or another source acceptable to Denver Water. (d) 50 acre feet of water per year from the Upper Blue Reservoir, the dam for which is located across the channel of the Blue River whence the Northeast corner of Section 3, T. 8 S., R. 78 W. of the 6th P.M. bears North 66°30ꞌ East 3728 feet, obtained pursuant to the Memorandum of Agreement dated May 15, 2003, between the City of Colorado Springs and Breckenridge, and Water Court Case No. 03CW320. (e) 300 acre feet of water from the Goose Pasture Tarn, 1st Enlargement decreed by the Summit County District Court in Civil Action No. 2371 for 2500 acre feet for municipal and domestic uses, with an appropriation date of August 31, 1961, the source of which is Indiana Creek, Pennsylvania Creek, Spruce Creek and the Blue River, the application for which is pending in Water Court Case No. 13CW45 to change the location to 124.5 acres located in the W1/2 SW1/4 of Section 18 and W1/2 NW1/4 of Section 19, T. 6 S., R. 77 W., 6th P.M., and SE1/4 SE1/4 of Section 13 and E1/2 NE1/4 of Section 24, T. 6 S., R. 78 W., 6th P.M. A point near the center of the dam embankment is located in the NW1/4 SW1/4 of Section 18, T. 6 S., R. 77 W. of the 6th P.M., at a point 830 feet from the west line and 1,970 feet from the south line of said Section 18. 6. Description of Application for Water Rights. By this application, Breckenridge seeks a water right for the Breckenridge Pipeline Enlargement described in paragraph 3 above. 7. Description of Change of Water Rights. By this application, Breckenridge seeks the right to alternately divert the Breckenridge Pipeline as augmented and described in paragraph 4 above at the point of diversion and alternate point of diversion of the Breckenridge Pipeline Enlargement described in paragraph 3 above. 8. Description of Plan for Augmentation and Exchange. By the present application, Breckenridge seeks the right to divert water out of priority on a year round DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 8 basis from the Breckenridge Pipeline Enlargement and the Breckenridge Pipeline at the requested additional alternate diversion points, up to a maximum of 680.53 consumptive acre feet per year, for use in connection with the Breckenridge service area, as said area may from time to time be expanded. (a) Augmentation Plan. To permit such out of priority diversions, Breckenridge will cause releases of or dedicate to the Blue River the storage water and/or Windy Gap water described in paragraph 5 to replace out of priority depletions as said depletions are calculated in accordance with the decrees in the Consolidated Cases, and Case Nos. 83CW51 and 92CW299. Depletions resulting from the diversion and use of the Breckenridge Pipeline under this plan for augmentation shall be in addition to the consumptive acre feet of water per year in the Breckenridge augmentation plans decreed in the Consolidated Cases, and Case Nos. 83CW51, 87CW243 and 92CW299 for the existing diversion points of the Breckenridge Pipeline. (b) Exchange Plan Reach and Rate: Breckenridge seeks approval of a plan to augment by exchange out of priority diversions by the Breckenridge Pipeline Enlargement and the requested additional Breckenridge Pipeline alternate diversion point. The downstream terminus of the exchanges involving Clinton Gulch Reservoir and Dillon Reservoir is Dillon Reservoir and the upstream terminus is the point of diversion of the Breckenridge Pipeline Enlargement and the requested alternate diversion point of the Breckenridge Pipeline. The exchange reach from the high water line of Dillon Reservoir is a distance of 400 feet. The rate of the exchange is 2.8 cfs. (c) Priority Date. Breckenridge seeks a November 26, 2013 priority date in connection with the subject plan for exchange. (d) Instream Flow Rights. There are no instream flows at the location of the point of diversion of the Breckenridge Pipeline Enlargement and the claimed alternate diversion point of the Breckenridge Pipeline or within the exchange reach. The downstream terminus of the Blue River instream flow decreed in Case No. 86CW217 is approximately 0.2 miles upstream. (e) In priority diversions. Breckenridge shall have the right to divert the water rights described in paragraphs 3 and 4 whenever they are in priority. The sources of augmentation water described in paragraph 5 need only be utilized when the Breckenridge Pipeline Enlargement and the Breckenridge Pipeline at the requested alternate diversion point are out of priority. 9. Names and addresses of owners of land upon which structures are or will be located or upon which water is or will be stored: Dillon Reservoir, Breckenridge Pipeline Enlargement, and the requested Breckenridge Pipeline alternate diversion points: Denver Water Board, 1600 West 12th Avenue, Denver, CO 80204. Clinton Gulch Reservoir: Clinton Ditch & Reservoir Company, P.O. Box 712, Frisco, CO 80443. Upper Blue Reservoir: City of Colorado Springs, Colorado Springs Utilities, P.O. Box 1103, MC 940, Colorado Springs, CO 80947. See the attached Exhibit B. Wherefore, Breckenridge seeks (i) approval of its application for the water right for the Breckenridge Pipeline Enlargement; (ii) approval of the additional alternate point of diversion for the Breckenridge Pipeline, and (iii) approval of the plan for augmentation and exchange described in paragraph 8. (6 pages & 2 Exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3095 SUMMIT COUNTY, BLUE RIVER OR ITS TRIBUTARIES. Application for absolute and conditional appropriative rights of exchange. 1. Name, mailing address, email address, and home telephone number of applicant: McCullough Gulch Reserve, L.L.C., 50 Marland Road, Colorado Springs, Colorado 80906, telephone number: 719-633-9494. Direct pleadings to: Peggy E. Montaño and Michael A. Kopp of Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600 Denver, Colorado 80203, telephone number: 303-861-1963; email addresses: [email protected], [email protected]. 2. Description of Appropriative Rights of Exchange: The appropriative rights of exchange requested in this application support the augmentation plan approved in Case No. 96CW60, Water Division No. 5. The augmentation plan allows Applicant and homeowners in McCullough Gulch Reserve to divert water out-of-priority from the Blue River by pumping tributary ground water from four wells pumping up to 15 gpm for household use located in Sections 30 and 31, Township 7 South, Range 77 West and Sections 25 and 36 of Township 7 South, Range 78 West of the 6th P.M., as depicted on Exhibit E attached to the filed Application. The augmentation water is delivered to the Blue River at a point below the point of depletion of the out-of-priority diversions. This application exchanges the augmentation water from the point of delivery on the Blue River below Dillon Reservoir up to the points of out-of- priority depletions for the wells augmented in Case No. 96CW60, as more fully described in this application. 3. McCullough Gulch Reserve Augmentation Exchange: A. Name of structures: McCullough Gulch Reserve Wells 1–4. B. Legal Description of Exchange Reach: 1. Exchange-from point (downstream point of exchange): The point of direct discharge of Rice Ditch Water into the Blue River is at Dillon Reservoir, located on the Blue River in Sections 7, 8, 17, 18, 19, 20, 21, 30, and 31, all in Township 5 South, Range 77 West of the 6th P.M., and in Sections 13, 23, 24, 25, 26, 35 and 36 all in Township 5 South, Range 78 West of the 6th P.M. 2. Exchange-to point (upstream of point of exchange): a) McCullough Gulch Reserve Well No. 1: The legal description of the lot on DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 9 which this well is installed and used is depicted in Exhibit A attached to the filed Application and described as follows: A tract of land located on Sections 25 and 36, Township 7 South, Range 78 West, of the 6th P.M., and Sections 30 and 31, Township 7 South, Range 77 West of the 6th P.M. in the Town of Blue River, Summit County, Colorado. This location can also be described as: Lot 1, McCullough Gulch Reserve, according to the Plat Filed June 28, 2005 under Reception No. 793405, County of Summit, State of Colorado. Lot 1 is a 9.09 acre lot located at 140 Rio Azul Road, Town of Blue River (Breckenridge), Colorado 80424. McCullough Gulch Reserve Well No. 1 has been constructed and the home is occupied. Applicant claims an absolute right of exchange for this well. b) McCullough Gulch Reserve Well No. 2: McCullough Gulch Reserve Well No. 2 has not been constructed. The legal description of the lot on which this well will be installed and used is depicted in Exhibit B attached to the filed Application and described as follows: A tract of land located in Sections 25 and 36, Township 7 South, Range 78 West, of the 6th P.M., and Sections 30 and 31, Township 7 South, Range 77 West of the 6th P.M. in the Town of Blue River, Summit County, Colorado. This location can also be described as: Lot 2, McCullough Gulch Reserve, according to the Plat Filed June 28, 2005 under Reception No. 793405, County of Summit, State of Colorado. Lot 2 is a 7.966 acre lot located at 310 Rio Azul Road, Town of Blue River (Breckenridge), Colorado 80424. McCullough Gulch Reserve Well No. 2 has not yet been constructed. Applicant claims a conditional right of exchange for this well. c) McCullough Gulch Reserve Well No. 3: McCullough Gulch Reserve Well No. 3 has not been constructed. The legal description of the lot on which this well will be installed and used is depicted in Exhibit C attached to the filed application and described as follows: A tract of land located primarily in the SW 1/4 of the SW 1/4 of Section 30, Township 7 South, Range 77 West, of the 6th P.M., in the Town of Blue River, Summit County, Colorado and being a portion of the Dot Placer, USMS No. 13358 and being more particularly described as follows: Beginning at a point on the 4-1 line of said Dot Placer, whence Corner 4 of said Placer bears S19°07′40″W 383.00 feet distant; thence N19°07′40″E along said 4-1 line a distance of 321.00 feet; thence S54°13′34″E a distance of 133.71 feet; thence N35°46′26″E a distance of 82.50 feet; thence S54°13′34″E a distance of 115.44 feet; thence S89°55′28″E a distance of 848.35 feet to a point on the Westerly right-of-way line of Colorado State Highway 9; thence S33°22′40″W along said Westerly right-of-way line a distance of 430.00 feet; thence N76°12′29″E a distance of 756.34 feet; thence S79°05′36″W a distance of 236.88 feet to the point of beginning, containing 6.64 acres, more or less. This location can also be described as: Lot 3, McCullough Gulch Reserve, According to the Plat Filed June 28, 2005 under Reception No. 793405, County of Summit, State of Colorado. McCullough Gulch Reserve Well No. 3 has not yet been constructed. Applicant claims a conditional right of exchange for this well. d) McCullough Gulch Reserve Well No. 4: The legal description of the lot on which this well is installed and used is depicted in Exhibit D attached to the filed Application and described as follows: A tract of land located primarily in the SW 1/4 of the SW 1/4 unsurveyed Section 30, T7S, R77W, 6th P.M. and in the Town of Blue River, Summit County, Colorado and being a portion of the Dot Placer, USMS No. 13358 and being more particularly described as follows: Beginning at a point on the 4-1 line of said Dot Placer, whence Corner 4 of said Dot Placer bears S19°07′40″W 704.00 feet distant; thence N19°07′40″E along said 4-1 line a distance of 572.00 feet; thence S70°55′53″E a distance of 1129.69 feet to a point on the Westerly right-of-way line of Colorado State Highway 9; thence Southerly along said Westerly right-of-way line a distance of 278.16 feet along the arc of a curve to the right, having a central angle of 02°57′56″, a radius of 5374.21 feet and a chord which bears S31°53′42″W 278.13 feet distant; thence S33°22′40″W continuing along said Westerly right-of-way line a distance of 17.84 feet; thence N89°55′28″W a distance of 848.35 feet; thence S54°13′34″W a distance of 115.44 feet; thence S35°46′26″W a distance of 82.50 feet; thence N54°13′34″W a distance of 133.71 feet to the point of beginning, containing 11.50 acres, more or less. This location can also be described as: Lot 4, McCullough Gulch Reserve, according to the plat filed June 28, 2005 under Reception No. 793405, County of Summit, State of Colorado. Lot 4 is 11.5 acres and is located at 410 Rio Azul Road, Town of Blue River (Breckenridge), Colorado 80424. McCullough Gulch Reserve Well No. 4 has been constructed and the home is occupied. Applicant claims an absolute right of exchange for this well. 3. Source: Applicant has obtained a perpetual lease for augmentation water from the Vidler Tunnel Water Company, Inc. attached as Exhibit F to the filed Application, in the following amounts: a) 0.14 consumptive acre-feet of water per year out of a total of 361 acre-feet of water per year, and 0.012 cfs out of a total maximum diversion rate of 31.22 cfs, decreed by the District Court in and for Water Division No. 5 (the “Water Court”), in Case No. W-217, as being historically attributable to the following described water rights (collectively the “Rice Ditch Water”): (1) Rice Ditch, decreed for 4.50 cfs with a May 3, 1893 appropriation date and a March 2, 1910 adjudication date. The originally decreed headgate of the Rice Ditch is located on the left (south) bank of the Snake River in the NW 1/4 of the SE 1/4 of Section 22, Township 5 South, Range 77 West of the 6th P.M.; (2) Soda Creek Ditch, decreed for 2.27 cfs with a July 1, 1900 appropriation date and a March 10, 1952 adjudication date. The originally decreed headgate of the Soda Creek Ditch is located on the right (east) bank of Soda Creek at a point whence the south quarter corner of Section 27, Township 5 South, Range 77 West of the 6th P.M. bears South 10° 15’ East a distance of 940 feet; (3) Phillips Ditch, decreed for 4.00 cfs with a June 1, 1904 appropriation date and a March 2, 1910 adjudication date. The originally decreed headgate of the Phillips Ditch is located on the left (west) bank of Keystone Creek in the SW 1/4 of the SW 1/4 of Section 14, Township 5 South, Range 77 West of the 6th P.M.; (4) Rice Ditch – Riley Enlargement, decreed for 10.00 cfs with a July 5, 1914 appropriation date and an October 26, 1937 adjudication date. The originally decreed headgate of the Riley Enlargement is located on the left (south) bank of the Snake River at a point whence the SW corner of Section 22, Township 6 South, Range 77 West of the 6th P.M. bears South 54° 46’ West a distance of 3,845 feet; and (5) Rice Ditch – Rice Enlargement, decreed for 10.00 cfs with a July 5, 1914 appropriation date and an October 26, 1937 adjudication date. The originally decreed headgate of the Rice Enlargement is the same as the Rice Ditch – Riley Enlargement, As said water rights were changed by the Water Court in Case Nos. W-217 and W-2110. b) (1) 0.08 acre-feet of DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 10 the 100 acre-feet of augmentation water to be annually released to the Blue River from Dillon Reservoir (the “Dillon Storage Water”) pursuant to paragraph 6(b) of the Agreement dated September 18, 1985 (the “Summit County Agreement”), between the City and County of Denver acting by and through its Board of Water Commissioners and the Board of County Commissioners of Summit County, Colorado. Dillon Reservoir is located on the Blue River in Sections 7, 8, 17, 18, 19, 20, 21, 30, and 31, all in Township 5 South, Range 77 West of the 6th P.M., and in Sections 13, 23, 24, 25, 26, 35 and 36 all in Township 5 South, Range 78 West of the 6th P.M. (2) The Applicant and Denver have entered into a ¶ 6(b) Agreement pursuant to the Summit County Agreement. A copy of such agreement is attached as Exhibit F to the filed Application. Pursuant to such agreement, so long as the Rice Ditch Water is included in Applicant’s augmentation plan, Denver will release water from Dillon Reservoir to replace Applicant’s out-of-priority depletions. C. Amount: 0.11 acre-feet at a maximum rate of exchange of 0.134 cfs. D. Uses: Exchange water to support the augmentation plan set forth in Case No. 96CW60. E. Priority Date: Applicant claims a priority date of Dec. 13, 1995, the priority date decreed for the original conditional right of substitution and exchange in Case No. 96CW60. Applicant took its first substantial step to adjudicate the conditional right of exchange by authorizing the preparation of an application for a plan for augmentation and right of exchange on this date. 4. Name and address of owner(s) of land upon which new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water will be stored: Not applicable. The exchange rights adjudicated in this application do not require new diversion or storage structures or modifications to existing diversion or storage structures. 5. Remarks: A conditional right of exchange for McCullough Gulch Reserve Wells Nos. 1 4 was decreed along with the augmentation plan in Case No. 96CW60. A question has arisen in Case No. 12CW146, Water Division 5, as to whether diligence was properly granted on this original conditional right of exchange in Case No. 06CW19, Water Division 5, or whether the conditional right was cancelled by operation of law. Applicant has filed this application for a new conditional right of exchange to ensure the augmentation plan decreed in Case No. 96CW60 can continue to operate even if the Water Court in Case No. 12CW146 determines the original right of exchange was cancelled. It is Applicant’s position that the Case No. 96CW60 exchange is valid and has not been cancelled. Applicant does not waive or relinquish any legal position regarding or legal right established pursuant to Case No. 96CW60. Applicant requests the water judge disregard this filing in the Court’s consideration of the issues pending in Case No. 12CW146. (40 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3096 Garfield County; United Companies of Mesa County; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION TO MAKE ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE; Name, mailing address, email address, and telephone number of applicant(s): Oldcastle SW Group, Inc.; dba United Companies of Mesa County; 2273 River Road; Grand Junction, CO 81505; (970) 243-4900; Request for finding of diligence: North Bank Gravel Pit Well A; Describe conditional water right: Case No. and Date of Original Decree: 2006CW20, decreed on December 9, 2007; Legal description: NW1/4 of the SW1/4 of Section 12, Township 6 South, Range 93 West of the 6th P.M. 2,300 feet from the south section line and 1,000 feet from the west section line; Source of water: Alluvial groundwater tributary to the Colorado River; Appropriation Date: December 8, 2005; Amount: 300 gpm, conditional; total annual diversion: up to 233 acre-feet; Use: Evaporation and industrial uses, including gravel production, dust control, and truck and equipment washing; Depth of well: Will be excavated to a depth of approximately 27 feet; Remarks: Maximum total annual diversions of 233 acre-feet are for both North Bank Gravel Pit A and North Bank Gravel Pit B; Detailed outline of what has been done towards application of the conditional water right to beneficial use: Although the mining plan for the North Bank Pits calls for mining activity to start in the North Bank Gravel Pit B, Applicant and its predecessors have engaged in mining activity within Pit A, including constructing a conveyor across the pit area, constructing a road for access and maintenance on each side of the conveyor, and creating a 5-10 acre processing and stockpiling area on the western portion of the pit; Request for finding of diligence: North Bank Gravel Pit Well B; Permit No.: 66845-F; Describe conditional water right: Case No. and Date of Original Decree: 2006CW20, decreed on December 9, 2007; Legal description: SW1/4 of the NE1/4 of Section 12, Township 6 South, Range 93 West of the 6th P.M. 2,100 feet from the north section line and 1,500 feet from the east section line; Source of water: Alluvial groundwater tributary to the Colorado River; Appropriation Date: December 8, 2005; Amount: 300 gpm, conditional; total annual diversion: up to 233 acre-feet; Use: Evaporation and industrial uses, including gravel production, dust control, and truck and equipment washing; Depth of well: Will be excavated to a depth of approximately 27 feet; Remarks: Maximum total annual diversions of 233 acre-feet are for both North Bank Gravel Pit A and DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 11

North Bank Gravel Pit B; Detailed outline of what has been done towards application of the conditional water right to beneficial use: The North Bank Gravel Pit B has been partially constructed through excavation conducted as part of the planned mining operation. The annual gravel production from Pit B was 174,000 tons, 178,000 tons, and 126,000 tons in 2010, 2011, and 2012, respectively. Applicant believes production in 2013 has been comparable to that in 2012. Additionally, Applicant or its predecessor has constructed a dewatering trench and installed a pump, which has operated at a rate of 1,800 gallons per minute to dewater the Pit. Applicant or its predecessor has maintained its DRMS permit compliance. Current operations expose 1.1 acres of groundwater, which results in depletions of 2.5 a.f. per year. The 4 percent depletion associated with material removal equated to 3.71 a.f. in 2013. As part of that development, 4.5 acres of phreatophyte vegetation has been removed, as have 30.5 acres historically irrigated land under the Stobaugh Ditch and 47 acres under the Eyre Ditch; If claim to make absolute in whole or in part: Date water applied to beneficial use: September 1, 2009; Amount: 6.21 a.f. per year; Use: Evaporation and industrial uses, including gravel production, dust control, and truck equipment washing; Additional remarks: As described in paragraph 2.C., above, Applicant or its predecessor has exposed 1.1 acres of groundwater to evaporation, resulting in evaporative depletions of 2.5 a.f. per year. When considered with the 4 percent depletion associated with material removal, the depletions have totaled 6.21 a.f. per year; Request for finding of integrated system: Applicant requests a finding by the Court that the North Bank Pit Well A and the North Bank Pit Well B are part of an integrated system and that a finding of diligence with regard to one pit well will support a finding of diligence with regard to the other. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3097 ROUTT COUNTY- EGERIA PARK, LLC, c/o Carl H. Luppens, 1 S. Dahlia St., Denver, Colorado 80246, Phone: (303) 394-1400. Stephen C. Larson, Esq., David F. Bower, Esq., Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. Application for Conditional Spring Rights, IN ROUTT COUNTY. Name and Description of Spring Rights. Name of Structure. Egeria Park Spring No. 1. Location. SW1/4 NW1/4 of Section 33, Township 1 North, Range 85 West of the 6th P.M., approximately 790 feet from the west section line and 1,800 feet from the north section line of said Section 33. A map showing the approximate location is attached hereto as Exhibit A. Source. Natural spring, tributary to an unnamed tributary of Egeria Creek, tributary to Egeria Creek, tributary to Red Dirt Creek, tributary to Rock Creek, tributary to the Colorado River. Amount Claimed. 1 cfs, conditional. Appropriation Date. Date of this application. The appropriation was initiated by the formation of the requisite intent, coupled with actions to put third parties on notice, including the filing of this application. Uses or Proposed Uses. Domestic, irrigation, stock watering, and fish and wildlife habitat. The map attached hereto as Exhibit A shows the approximately 100 acres to be irrigated by the three spring rights claimed in this case. The springs will also provide domestic and livestock water to ranch facilities and will be used to enhance fish and wildlife habitat on the subject property. Name of Structure. Egeria Park Spring No. 2. Location. NE1/4 NE1/4 of Section 32, Township 1 North, Range 85 West of the 6th P.M., approximately 135 feet from the east section line and 1,055 feet from the north section line of said Section 32. A map showing the approximate location is attached hereto as Exhibit A. Source. Natural spring, tributary to an unnamed tributary of Egeria Creek, tributary to Egeria Creek, tributary to Red Dirt Creek, tributary to Rock Creek, tributary to the Colorado River. Amount Claimed. 1 cfs, conditional. Appropriation Date. Date of this application. The appropriation was initiated by the formation of the requisite intent, coupled with actions to put third parties on notice, including the filing of this application. Uses or Proposed Uses. Domestic, irrigation, stock watering, and fish and wildlife habitat. The map attached hereto as Exhibit A shows the approximately 100 acres to be irrigated by the three spring rights claimed in this case. The springs will also provide domestic and livestock water to ranch facilities and will be used to enhance fish and wildlife habitat on the subject property. Name of Structure. Egeria Park Spring No. 3. Location. SW1/4 NE1/4 of Section 29, Township 1 North, Range 85 West of the 6th P.M., approximately 2,500 feet from the east section line and 1,410 feet from the north section line of said Section 29. A map showing the approximate location is attached hereto as Exhibit A. Source. Natural spring, tributary to an unnamed tributary of Egeria Creek, tributary to Egeria Creek, tributary to Red Dirt Creek, tributary to Rock Creek, tributary to the Colorado River. Amount Claimed. 1 cfs, conditional. Appropriation Date. Date of this application. The appropriation was initiated by the formation of the requisite intent, coupled with actions to put third parties on notice, including the filing of this application. Uses or Proposed Uses. Domestic, irrigation, stock watering, and fish and wildlife habitat. The map attached hereto as Exhibit A shows the approximately 100 acres to be irrigated by the three spring rights claimed in this case. The springs will also provide domestic and livestock water to ranch facilities and will be used to enhance fish and wildlife habitat on the subject property. Name DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 12 and Address of Landowner Upon which any New, Existing, or Modified Diversion Structure is Located. The subject structures are all located on land owned by Applicant. (6 pages including exhibit) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3098 APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT. CONCERNING THE APPLICATION FOR WATER RIGHTS OF: COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION [ISLAND ACRES] IN MESA COUNTY, COLORADO. c/o BETH VAN VURST, Assistant Attorney General. Telephone: 720-508-6312. Email: [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 for a surface water right located within the Island Acres Section of the James M. Robb- Colorado 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 Resources Manager, Alex Davis, 6060 Broadway, Denver, CO 80216, 303-291-7261. Please direct all pleadings and correspondence to Applicant’s counsel of record at the address provided above. 2. Name of Structure: Island Acres Water Right. 3. Legal Description of Each Point of Diversion: Applicant seeks to divert the Island Acres water right at the following two points of diversion. a. A point on the left bank of the Colorado River whence the SW corner of Section 23, Township 10 South, Range 98 West, 6th PM bears south 46°/39' west 3741.7 feet (this point of diversion is also decreed as the headgate for the Hickman Enlargement of the Smith and Struthers Ditch). This point of diversion can also be described in UTM Format (NAD 83 Zone 13; units in meters) as follows: Northing 4339339, Easting 733537; and b. A pump located at a point on the left bank of the Colorado River whence the SW corner of Section 23, Township 10 South, Range 98 West, 6th PM bears south 47/41’ west 2623.4 feet. This point of diversion can also be described in UTM Format (NAD 83 Zone 13; units in meters) as follows: Northing 4339118, Easting 733278. Water will be diverted under the subject water right at one or more of the alternate points of diversion identified above, conveyed through a ditch or pipeline and then ultimately through and into one or more of the following ponds: Island Acres Pond No. 2, Island Acres Pond No. 3 and Island Acres Pond No. 4 (collectively, the “Island Acres Ponds”). 4. Source: Colorado River. 5. Appropriation of Water Right. a. Date of Appropriation: December 30, 2013. b. How Appropriation was Initiated: Field inspection by Applicant’s water resources manager, formulation of the intent to divert the subject water right for the uses and in the amounts sought herein, and through the filing of this Application. c. Date Water Applied to Beneficial Use: N/A. 6. Amount Claimed: 4 c.f.s., conditional, for both points of diversion (i.e., collectively). 7. Uses: replacement of evaporation and seepage losses, providing refreshening flows, recreation, piscatorial, and wildlife and waterfowl habitat. All uses will occur within one or more of the Island Acres Ponds. 8. Additional Remarks: a. Each of the Island Acres Ponds is located adjacent to and in the alluvium of the Colorado River. Specifically, Island Acres Pond No. 2 is located within the SE1/4, SE1/4, SW1/4 of Section 23, Township 10 South, Range 98 West, 6th P.M.; Island Acres Pond No. 3 is located in the NE1/4, SE1/4, SW1/4 of Section 23, Township 10 South, Range 98 West, 6th P.M.; and Island Acres Pond No. 4 is located in the NE1/4, NW1/4, NW1/4 of Section 26, Township 10 South, Range 98 West, 6th P.M.. b. A map identifying the points of diversion and the Island Acres Ponds is attached hereto as Exhibit A. 9. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new or existing 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: Applicant. 10. Additional Information: a. Applicant will install and maintain all measuring devices required by the Division Engineer for administration of the subject water right. b. Accounting and reporting will be provided as requested by the Division Engineer for Water Division No. 5. c. Applicant will immediately curtail all out-of-priority diversions. WHEREFORE, Applicant requests this Court enter a judgment and decree confirming the conditional water right requested herein and granting any other relief the Court deems necessary and proper to further the purposes of the conditional water right sought herein. (5 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 13

14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3099 MESA COUNTY, COLORADO RIVER. Name, address and telephone number of Applicant: Adobe Creek National, LLC, a Colorado limited liability company, 876 18 1/2 Road, Fruita, Colorado 81521; (970) 858-0521. Name of attorney, address and telephone number: Frederick G. Aldrich, Esq., Aldrich Law Firm, LLC, 601A 28 1/4 Road, Grand Junction, Colorado 81506; (970) 245-7950. Name of structures: Adobe Creek Pump and Pipeline. Type of application: Application for Surface Water Rights. Drainage Basin: Colorado River. Location: Adobe Creek Pump and Pipeline: NW¼ of the SE¼ Section 28, Township 1 North, Range 2 West of the Ute Meridian, approximately 1,866 feet from the South and 2,486 feet from the East section lines of said Section 28; Type of Use: Supplemental and emergency irrigation of up to 430 acres of golf course turf, shrubs and trees and wetlands mitigation. Appropriation Date: December 17, 2013. Type of structure: A surface water diversion structure on the Colorado River from which water will be pumped. Quantity: 4 c.f.s. (7 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3100 ROUTT COUNTY, Application To Make Absolute In Part. Kirk J. Eberl, c/o Austin Hamre, Esq., Duncan Ostrander & Dingess, PC, 3600 S Yosemite St. Ste. 500, Denver, CO 80237, 303.779.0200. Structure: Winslow Reservoir. 3. Description of Water Right a. Date of original decree: September 7, 1988, Case No. 87CW383, Water Division 5. b. Subsequent diligence decrees: i. Case No. 94CW222, entered March 9, 1995 ii. Case No. 01CW037, entered August 6, 2001 iii. Case No. 06CW120, entered November 10, 2010 c. Legal description: The reservoir is located in the SW¼ SE¼ of Section 2, and the NW¼ NE¼ and the NE¼ NW¼ of Section 11, Township 1 South, Range 85 West, of the 6th P.M., Routt County, Colorado. The centerline of the dam axis is located at a point whence the SE Corner of said Section 2, Township 1 South, Range 85 West bears south 86˚ east a distance of 1,900 feet. The State Engineer asserts that the same point may be described as approximately 1,895 feet from the East Line and 133 feet from the South Line of Section 2, however, this secondary description of the dam axis centerline has not been confirmed by survey. d. Source: An unnamed tributary of King Creek, tributary to Egeria Creek, tributary to Rock Creek, tributary to the Colorado River. e. Appropriation date: August 31, 1985. f. Amount: 90 acre-feet, conditional, with right to fill and refill. g. Uses: Irrigation of 60 acres, domestic, stock watering, recreation, piscatorial, fish and wildlife propagation, and fire protection. 4. Claim to make absolute: a. Date, amount and types of beneficial use: Water has been put to beneficial use beginning in 2001. In Case No. 06CW120, the full capacity of the existing reservoir (75.67 a.f.) was made absolute as to recreation, piscatorial, fish and wildlife propagation, and fire protection. Applicant has continued his intent to use the water for irrigation, domestic and stock watering purposes. On April 8, 2013, C.R.S. § 37-92-301 was amended by the addition of sub-paragraph (4)(e) which states: "A decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed and controlled at the decreed storage structure." b. The purpose of this application is to make the subject water right absolute for all of its decreed purposes to the extent of the existing reservoir capacity. c. Evidence that applicant diverted water in-priority and applied such water to beneficial uses: Apart from the fillings that provided the basis for the water right being made absolute as to some uses in Case No. 06CW120, Applicant asserts that the reservoir has filled in each of the years 2011 through 2013. Attached hereto as Exhibit A is the reservoir storage record for Winslow Reservoir from the State Engineer’s water rights database, which establishes based on SEO records that in May, 2011, the reservoir was filled. The relevant portion of the SEO call data base for the years 2011 through 2013 is attached as Exhibit B, and establishes that the fill in 2011 occurred in priority. d. Description of place of use where water is applied to beneficial use: Within the basin of the reservoir and in the southeast quarter of Section 2, Township 1 South, Range 85 West, 6th P.M.. See map attached as Exhibit C. e. Amount remaining conditional: i. First fill: 14.33 a.f. ii. Refill: 90 a.f. f. Neither this application nor any decree resulting herefrom are intended to change the date established in Case No. 06CW120 for the filing of an application for reasonable diligence on those portions of the subject water right that remain conditional. 5. Names and addresses of owners or reputed owners of the land upon which structures are located or are to be constructed: Applicant. (8 pages) DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 14

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3101 EAGLE COUNTY, EAGLE RIVER OR ITS TRIBUTARIES. Kummer Development Corporation, c/o Arthur B. Ferguson, Jr., Esq., Meghan N. Winokur, Esq., Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, CO 81601, (970) 925- 3476, [email protected], [email protected]. Application for Change of Water Right. (1) Structure: Staton and Cissna Ditch (“Ditch”).(2) Previous Decrees: The original water right in the Ditch was decreed on March 5, 1901 in Civil Action No. 385, District Court in and for Eagle County (“C.A. 385 Decree”) with a priority number of 197 (“Priority 197”). A first enlargement water right was decreed in the Ditch on June 4, 1907 in Civil Action No. 446, District Court in and for Eagle County (“C.A. 446 Decree”) with a priority number of 240 (“Priority 240”). A second enlargement water right was decreed in the Ditch on June 29, 1921 in Civil Action No. 763, District Court in and for Eagle County (“C.A. 763 Decree”) with a priority number of 353 (“Priority 353”). A third enlargement water right was decreed in the Ditch on October 3, 1936 in Civil Action No. 963, District Court in and for Eagle County (“C.A. 963 Decree”), with a priority number of 455 U (“Priority 455 U”). Legal description. The point of diversion is described in the C.A. 963 Decree as located on the left bank of Brush creek at a point whence the East Quarter Corner of Section 12, Township 6 South, Range 84 West of the 6th P.M., bears South 51° 57’ East 2294.67 feet. Such decreed point of diversion is shown on the map attached to the Application as Exhibit A. Source: Brush Creek, tributary of the Eagle River, tributary of the Colorado River. Approp. Date: Priority 197: August 2, 1900, Priority 240: June 1, 1902, Priority 353: June 1, 1902, Priority 455 U: September 1, 1923. Amount: 13.84 cfs, decreed to the respective priorities in the following amounts: Priority 197: 3.2 cfs, Priority 240: 1.8 cfs.,Priority 353: 0.8 cfs.,Priority 455 U: 8.04 cfs. Use. Irrigation. Requested Change Amount. Priority 197: 2.0 cfs., Priority 240: 1.0 cfs., Priority 353: 0.8 cfs., Priority 455 U: 5.27 cfs. Applicant’s interest in the four priority rights in the Ditch is referred to herein as the “Subject Water Right”. Detailed description of change: Applicant proposes to change the Subject Water Right to move the point of diversion downstream on Brush Creek to the headgates of the Miles Ditch and Upper Frost Ditch for irrigation use within the Frost Creek and Salt Creek P.U.D. (“P.U.D.”) located in Sections 25, 26, 35 and 36, Township 5 South, Range 84 West of the 6th P.M., as shown on Exhibit A to the Application. The headgates of such ditches will be used as alternate points of diversion for the Subject Water Right. The Subject Water Right has historically been used to irrigate approximately 182.2 acres of Applicant’s lands on the west side of Brush Creek located within the P.U.D., as shown on Exhibit A to the Application. A summary of the diversion records for the Subject Water Right is attached to the Application as Exhibit B. Location of Alternate Points of Diversion: Miles Ditch. Located in the SW1/4 SW1/4 of Section 36, Township 5 South, Range 84 west of the 6th P.M., 770 feet from the West section line and 550 feet from the South section line. The UTM coordinates for such point of diversion are: NAD 83 zone 13 easting: 348311m northing: 4381284m. Upper Frost Ditch. Located in the NW1/4 NW1/4 of Section 36, Township 5 South, Range 84 West of the 6th P.M. 1000 feet from the North section line, 1250 feet from the West section line. The UTM coordinates for such point of diversion are: NAD 83 zone 13 easting: 348482 m northing: 4382394m.The points of diversion of the Miles and Upper Frost Ditches are shown on the map attached to the Application as Exhibit A. The structures are on Applicant’s property. (7 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3102 (06CW1) PITKIN COUNTY, ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. David and Lily Beirne, 31 Northstar Circle, Aspen, CO 81611; copies of pleadings to Law Office of Craig Corona, PC, P.O. Box 363, Basalt, CO 81621. Application for Finding of Reasonable Diligence and to Make Absolute. First Claim, Beirne Pump and Pipeline, SW ¼ SW ¼ DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 15 of Sect. 17, T10S, R84W, 6th P.M., 1178.09 feet from the south section line and 1131 feet from the west section line, Pitkin County. Source: Roaring Fork River. Amount: 0.111 c.f.s., conditional. Uses: To fill and re-fill Beirne Pond for aesthetic, recreational, piscatorial, and augmentation. Appropriation Date: 10/31/2005. Claim to make absolute. Date: October, 2006. Amount: 0.111 c.f.s. used to fill and re-fill Beirne Pond for aesthetic, recreational, piscatorial, and augmentation. Second Claim, Beirne Pond - SW ¼, SW ¼, of Sect. 17, T10S, R84W, 6th P.M., 1033.43 feet from the south section line and 540.99 feet from the west section line, Pitkin County. Source: Roaring Fork River. Appropriation date: 10/31/2005. Amount: 0.775 acre-feet, conditional, with the right to fill and re-fill in-priority or when augmented. Uses: Storage for recreational, aesthetic, piscatorial, and augmentation of out-of-priority net effective precipitation and evaporation. Claim to make absolute. Date: October, 2006. Amount: 0.775 acre-feet plus re-fill when in priority and when augmented. Use: storage for recreational, aesthetic, and piscatorial uses, and augmentation of out-of-priority net effective precipitation and evaporation. Third Claim, Beirne Exchange. Location: The reach of the Roaring Fork River between the Beirne Pump and Pipeline, described above, (upstream terminus) and the confluence of the Roaring Fork and Colorado Rivers (downstream terminus) in the SE ¼, NW ¼ of Sect. 9, T6S, R89W, 6th P.M. approximately 2,200 feet from the north section line and 2,350 feet from the west section line. Source: Basalt Water Conservancy District Allotment Contract No. 485 entitling the Applicants to 0.6 acre-feet of the District’s water rights as described in Case No. 06CW1. Appropriation date: 10/31/2005. Rate: 0.111 c.f.s., conditional. Volume: 0.6 acre-feet. Uses: Substitution and Exchange. Applicants divert water from the Beirne Pump and Pipeline to fill and re-fill the Beirne Pond by substitution and exchange while making releases pursuant to their Basalt Water Conservancy District Allotment Contract when a call from water rights originating on the Roaring Fork River at or below the confluence of the Frying Pan and Roaring Fork Rivers or on the Colorado River would otherwise prevent diversions from the Beirne Pump and Pipeline, but when there is no corresponding call on the Roaring Fork River above the confluence of the Roaring Fork and Frying Pan Rivers. Claim to make absolute. Date: August, 2007. Rate: 0.111 c.f.s. Volume: 0.6 acre-feet. Use: Substitution and exchange. Fourth Claim for Change of Water Right. Decreed water right for which change is sought: Beirne Exchange as fully described in the application. Applicants request this change to correct the legal description for the downstream terminus of the Beirne Exchange to include alternate downstream termini for times when water is released under Applicants’ contract at locations other than on the mainstem Colorado River, including a terminus at the confluence of the Frying Pan and Roaring Fork Rivers located in SW1/4 of the SE1/4 of section 7, T8S, R86W, 6th P.M. at a point 1440 feet from the east section line, and 750 feet from the south section line. The Beirne Pump and Pipeline, the Beirne Pond, and the Beirne Exchange water rights are components of an integrated legal water supply plan decreed in Case No. 06CW1. Original decree for all rights: 12/31/2007, Division 5 Case No. 06CW1. The application on file with the water court includes maps of all structures, a description of the work performed during the diligence period, and call records showing diversions were made in priority. The Applicants and the North Star Preserve Homeowners’ Association own the property upon which the Beirne Pump and Pipeline structure is located. (15 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3103 EAGLE, PITKIN AND GARFIELD COUNTIES, COLORADO. Source: Travis Creek, tributary to Eagle River, tributary to Colorado River. Application for Appropriative Rights of Exchange and Request to Amend Plan of Augmentation. Applicants: Robert and Marsha Long, 150 NW Classen Dr., Oklahoma City, OK 73106; KVL Holdings, Inc., a California Corporation, c/o Susan Cary Borchardt, P.O. Box 559, Wolcott, CO 81655 c/o Sara M. Dunn, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81601, (970) 945-6546. Applicant: Dr. Richard Cunningham, 113 Meadow Drive, Edwards, CO 81632 c/o Michael F. Browning and William D. Wombacher at Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. Iron Oaks Eagle River Exchange: Location: Upper Terminus: NW1/4, SE 1/4 of Sec. 27, T. 4 S., R. 83 W. of the 6th P.M., at a dist. of 1800 ft. from S. sect. line and 2300 ft. from the E. sect. line, in Eagle County, Colorado. Lower Terminus: confluence of Travis Creek, Eagle River, NE ¼, SW 1/4 of Sect. 23, T. 4 S., R. 83 W. of the 6th P.M.,1600 ft., S. sect. line and 2500 ft. from the W. sect. line, in Eagle County, Colorado. App. Date: 1/25/03. Amt.: 45 gallons per minute. Iron Oaks Ruedi Reservoir Exchange: Location: Upper Terminus: the point of depletion for the Iron Well Nos. 1, 2, and 3 on Travis Creek, NW1/4, SW1/4 of Sect. 27, T. 4 S., R. 83 W. of the 6th P.M., at a dist. of 1800 ft. from S. sect. line and 2300 ft. from E. sect. line, Eagle County, Colorado. Lower Terminus: the confluence of the Roaring Fork River and the Colorado River SE1/4, NW1/4 of Sect. 9, T. 6 S., R. 89 W. of the 6th P.M., at a dist. of 2100 ft. from the N. sect. line and 2400 ft. from the W. sect. line, in Garfield County, Colorado. Approp. Date: 1/25/03. Amt.: 45 g.p.m. Iron Oaks Colorado River Exchange: Location: Upper Terminus: the point of depletion DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 16 for the Iron Well Nos. 1, 2, and 3 on Travis Creek, NW1/4, SW1/4 of Sect. 27, T. 4 S., R. 83 W. of the 6th P.M., at a dist. of 1800 ft. from the S. sect. line and 2300 ft. from the E. sect. line, in Eagle County, Colorado. Lower Terminus: the confluence of the Eagle River and the Colorado River SW1/4, NE1/4 of Sect. 5, T. 5 S., R. 86 W. of the 6th P.M., at a dist. of 2500 ft. from the N. sect. line 2000 ft. from the E. sect. line, in Eagle County, Colorado. Approp. Date: 9/27/96. Amt.: 45 g.p.m. Remarks: The Colorado River Exchange utilizing replacement water from Green Mountain Reservoir or Wolford Mountain Reservoir was previously decreed in Case No. 96CW358-B, Division 5 Water Court. This claim is included to confirm the specific attributes of this appropriative right of exchange including the date of approp., Amt. and the legal description of the exchange reach. Request to Amend Plan for Augmentation: Name of structures to be augmented: Irons Wells Nos. 1, 2 and 3. Water rights currently used approved for augmentation: Irons Pond Nos. 1, 2 and 3 and Green Mountain Reservoir pursuant to Contract No. 019E6C0269 with the Bureau of Reclamation and Wolford Mountain Reservoir pursuant to the Contract Nos. CW13001, CW02031 and CW12009 with the Colorado River Water Conservation District (“CWCD Contracts”). The contracts are attached to the Application. Additional water rights to be used for augmentation: Eagle Park Reservoir, Homestake Reservoir, and Ruedi Reservoir as per Applicants’ CRWCD Contracts. Statement of amended plan for augmentation: Augmentation water for all out-of-priority depletions resulting from well pumping will be supplied from either Green Mountain Reservoir or Wolford Mountain Reservoir; in addition to Eagle Park Reservoir, Homestake Reservoir or Ruedi Reservoir based on the location of the senior water right call. Applicant will exchange water from the confluence of the Roaring Fork River with the Colorado River, the confluence of the Colorado River with the Eagle River and/or the confluence of Travis Creek with the Eagle River to the point of depletion from the well pumping on Travis Creek pursuant to the exchanges decreed herein and in Case No. 96CW358-B. Applicants are requesting that the augmentation plan be further amended to remove the requirement to construct the Iron Pond Nos. 1, 2, and 3 under the storage rights decreed in Case No. 96CW358-B to address local calls since the Contracts with the CRWCD can provide replacement water to the Colorado River and the Eagle River to address all senior calls. Applicants are requesting that the requirement to form a homeowners association to operate the augmentation plan and submit annual reports to the Division of Water Resources be removed. Each of the Applicants will be responsible for maintaining their individual CRWCD contract and reporting their annual diversions and replacements under the plan. In all other respects the plan for augmentation decreed in Case No. 96CW358-B shall remain unchanged. (52 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3104 PITKIN COUNTY. ROARING FORK RIVER. Russell Wight, c/o Patrick, Miller, Kropf & Noto, P.C., Ramsey L. Kropf, Esq. and Danielle L. Van Arsdale, Esq. 197 Prospector Road, Suite 2104A, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: For Finding of Reasonable Diligence. Name of structure: Wight Pond. Description of conditional water right: Original decree: Case No. 05CW284, Division 5 Water Court, December 31, 2007. Subsequent decrees: N/A. Legal description: The pond will be located in the SW ¼ of the SW ¼ of Section 28, Township 10 South, Range 84 West of the 6th P.M. (Pitkin County) within the boundaries of the property described in Exhibit A and Exhibit B on file with the Court. Water rights used to fill reservoir: A.R. Smith Ditch No. Capacity: 0.20 c.f.s. Legal description: The decreed point of diversion is a point whence the West ¼ corner of Section 28, Township 10 South, Range 84 West of the 6 th P.M. bears North 17°01’00” West 2677.9 feet. The original decree also identifies the point of diversion at a point 800 feet east of the West Section line and 220 feet north of the South Section line (Pitkin County). The Court relies upon this latter description to determine that the supplemental legal description set forth below is not at a distance greater than 200 feet from the originally decreed point of diversion. Supplemental legal description: An irrigation pump located in the SW ¼ of the SW ¼ of Section 28, Township 10 S., Range 84 West of the 6th PM, at a point approximately 930 feet from the West Section line and 315 feet from the South Section line (Pitkin County). Remarks: The supplemental legal description is the location at which the A.R. Smith Ditch No. 1 irrigation pump is administered. Difficult Pump. Capacity: 0.25 c.f.s. Legal description: The point of diversion is North 76°30’ East 1195 feet from the Southwest corner of Section 28, which is also located in the SW ¼ of the SW ¼ of Section 28, Township 10 South, Range 84 West of the 6th P.M. at a point approximately 1,137 feet from the West Section line and 325 feet from the South Section line (Pitkin County). Source: An unnamed tributary to the Roaring Fork River and the Roaring Fork River, tributary to the Colorado River. Appropriation date: December 27, 2005. Amount: 1.6 acre-feet, conditional. Rate of diversion for filling the reservoir: 0.25 c.f.s., conditional. Uses: Irrigation of up to 6.75 acres, piscatorial, aesthetic, recreation and augmentation, with the right to fill and refill in priority. Irrigation use shall occur on the area identified in Exhibit B on file with the Court, located generally in the South ½ of the SW ¼ of the SW ¼ DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 17 of Section 28, Township 10 South, Range 84 West of the 6th P.M. Augmentation use shall be limited to that described in Case No. 05CW283, Division 5 Water Court. Surface area of high water line: 0.3 acre. Maximum height of dam: Less than 10 feet. Length of dam: Approximately 250 feet. Total capacity of reservoir: 1.6 acre-feet (all active capacity). Detailed outline of work toward completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, is set forth in Exhibit C on file with the Court. Applicant owns land upon which any new diversion or storage structure, or modification to any existing diversion storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool. (13 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3105 PITKIN COUNTY. ROARING FORK RIVER. K2 Family Property, LLC and K2 Family Property Deux, LLC, c/o Patrick, Miller, Kropf & Noto, P.C., Scott C. Miller, Esq. and Danielle L. Van Arsdale, Esq., 197 Prospector Drive, Suite 2104A, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR CONDITIONAL WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. FIRST CLAIM: FOR CONDITIONAL STORAGE WATER RIGHT. Name of structure: K2 Pond & Water Feature. Legal description: The center point of the reservoir dam is located in the NW ¼ of the NW ¼ of Section 3, Township 10 South, Range 85 West of the 6th P.M., at a point approximately 85 feet from the north section line and 100 feet from the west section line (Pitkin County). UTM coordinates: Northing 4342659, Easting 337965, Zone 13. Sources: (1) Willow Creek, tributary to the Roaring Fork and Colorado Rivers via the Willow and Owl Ditch. Capacity of fill from ditch: 0.5 c.f.s. Willow and Owl Ditch headgate is located on the north bank of Willow Creek, about two and one-half miles above the mouth. (2) Groundwater tributary to unnamed drainage sometimes referred to as “Badger Hollow,” tributary to the Roaring Fork and Colorado Rivers, via the Parcel W Well. Capacity of fill from well: 15 g.p.m. The well is located in the NW ¼ of the NW ¼ of Section 3, Township 10 South, Range 85 West of the 6th P.M., at a point approximately 600 feet from the north section line and 60 feet from the west section line (Pitkin County). (3) Spring water tributary to Badger Hollow, tributary to the Roaring Fork and Colorado Rivers, via the Sam Stapleton Spring No. 1. Capacity of fill from spring: 0.09 c.f.s. The spring is located in the NE1/4 of the NE1/4 of Section 4, Township 10 South, Range 85 West of the 6th P.M., at a point approximately 320 feet from the north section line and 1090 feet from the east section line (Pitkin County). UTM coordinates: Northing 4342590, Easting 337601, Zone 13. Date of appropriation: October 1, 2013. How appropriation was initiated: Field inspection, survey, engineering analysis, and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed: Volume storage in acre feet: 1.77 acre feet. Rate of diversions for fill: see above rates for each fill source. Proposed uses: Irrigation, aesthetic, piscatorial, fire protection, augmentation and exchange purposes. Number of acres proposed to be irrigated: up to 1 acre of land contained on Parcel E and Parcel W as described on Exhibit A on file with the Court. Surface area of high water line: 0.44 acre. Vertical height of dam: Less than 10 feet. Length of dam: 100 feet. Total capacity of pond in acre feet: Active: 1.77 acre feet; Dead: 0 acre feet. Name and address of owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored: Applicant K2 Deux. SECOND CLAIM: FOR CONDITIONAL UNDERGROUND WATER RIGHT. Name of structure: Parcel W Well. Legal description of well: The structure is located in the NW ¼ of the NW ¼ of Section 3, Township 10 South, Range 85 West of the 6th P.M., at a point approximately 600 feet from the north section line and 60 feet from the west section line (Pitkin County). Source: groundwater tributary to Badger Hollow, tributary to the Roaring Fork and Colorado Rivers. Depth of well: approximately 60 feet. Date of appropriation: October 1, 2013. How appropriation was initiated: Field inspection, survey, engineering analysis, and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed in flow rate: 15 g.p.m., conditional. Amount claimed in acre feet annually: 4.0 acre feet, conditional. Proposed uses: Domestic purposes inside one single-family residence and one accessory dwelling unit, irrigation, livestock watering of non-commercial domestic animals, use within a closed-loop heated driveway system, and to fill and refill the K2 Pond & Water Feature for subsequent irrigation, aesthetic, piscatorial, fire protection, augmentation and exchange purposes. Number of acres proposed to be irrigated: Up to one acre of lawn, gardens and landscaping (either by direct use or by storage and pumping from K2 Pond). Legal description of irrigated acreage: Up to one acre of direct use irrigation on Parcel W; or up to one acre by storage and pumping from K2 Pond and subsequent irrigation on Parcel E and/or Parcel W. Such one acre of irrigation is a total cumulative amount on both Parcels. Name and address of owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored: Applicant K2 Deux. DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 18

THIRD CLAIM: FOR APPROVAL OF PLAN FOR AUGMENTATION. Names of structures to be augmented: K2 Pond & Water Feature, described in First Claim above. Parcel W Well, described in the Second Claim above. Water rights to be used for augmentation: K2 Pond (and water stored in priority therein). Basalt Water Conservancy District Allotment Contract(s) for a total of 2.35 acre-feet from the following water rights for augmentation purposes: Green Mountain Reservoir. Source: Blue River, tributary to the Colorado River. Legal description: The NE ¼ of the SE ¼ of Section 15, Township 2 South, Range 80 West of the 6th P.M., 2312 feet from the South section line and 992 feet from the East section line (Summit County). UTM coordinates: Northing 4414928, Easting 386227.9, Zone 13. Adjudication date: October 12, 1955. Appropriation date: August 1, 1935. Case Nos.: C.A. 2782, 5016, and 5017, U.S. District Court, District of Colorado; and Case No. 88CW022, Division 5 Water Court. Decreed amount: 154,645 AF, and a refill right in the amount of 3,856 AF absolute and 150,789 AF, conditional. Decreed uses: In accordance with paragraph 5(a), (b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. Ruedi Reservoir. Source: Frying Pan River, tributary to the Colorado River. Legal description: The NW ¼ of the NW ¼ of Section 18, Township 8 South, Range 84 West of the 6th P.M., 324 feet from the North section line and 984 feet from the West section line (Eagle and Pitkin Counties). UTM coordinates: Northing 4358646, Easting 343227.7, Zone 13. Adjudication date: June 20, 1958. Appropriation date: July 29, 1957. Case No.: C.A. 4613, Garfield County District Court. Decreed amount: 102,369 AF (originally decreed for 140,697.3 AF; reduced to 102,369 AF in Case No. W-789-76). Decreed uses: Generation of electric energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering purposes. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF, conditional. In Water Court Case No. 95CW95, 44,509 AF of the refill right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 AF of the refill right was made absolute, for a total of 69,766 AF absolute in the refill right. Troy Ditch and Edith Ditch water rights. STRUCT PRIORI COU ADJ APP DECREE USE AMOUNT SOLD, TRANSFERRED AMOUNT URE TY RT DATE DATE D OR RESERVED REMAINING CASE AMOUN (4) (10) NO. T (CFS) (5) (6) (7) (8) (9) CFS AF

Troy 370 3082 08/25/19 05/01/19 5.10 I 0.000 0.000 0.09 0.06 0.035 4.906 N/A Ditch (1) 36 06 5 4

Troy 427 3082 08/25/19 05/01/19 10.80 I 0.000 0.000 0.20 0.13 0.073 10.39 N/A Ditch 1st 36 28 0 4 3 Enlg

Troy 669 4613 06/20/19 06/01/19 6.20 I 0.000 0.000 0.11 0.07 0.042 5.966 N/A Ditch 2nd 58 42 5 7 Enlg

Edith 353 3082 08/25/19 05/01/19 2.72 I 0.110 0.132 0.05 0.00 0.018 2.410 N/A Ditch 36 04 0 0 0

Edith 673 4613 06/20/19 07/01/19 3.23 I 0.000 0.000 0.06 0.00 0.022 3.148 N/A Ditch 1st 58 46 0 0 Enlg DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 19

Troy (2) W- 15.50(3) I,D, 0.110 0.132 0.52 0.27 0.190 14.27 412.8 Ditch 2281 M 0 0 5 3 9 Water C,P System aka Lower Headgate

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5 Water Court, the Court decreed that 453 AF of annual consumptive-use credits were available to these ditches, and that 300 AF could be stored in an unnamed reservoir. BWCD owns 412.89 AF of the 453 AF, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. Legal descriptions: Troy Ditch: The NW ¼ of the NE ¼ of Section 14, Township 8 South, Range 84 West of the 6th P.M., 285 feet from the South section line and 967 feet from the East section line (Pitkin County). UTM coordinates: Northing 4356860, Easting 350640, Zone 13. When AquaMap converts the UTM coordinates, the quarter quarter coordinates are SE ¼ of the SE ¼. Edith Ditch: The SW ¼ of the SW ¼ of Section 12, Township 8 South, Range 84 West of the 6th P.M., 326 feet from the South section line and 981 feet from the West section line (Eagle County). UTM coordinates: Northing 4358454, Easting 351278.1, Zone 13. Robinson Ditch water rights:

DECREED AMOUNT ADJ. DATE APP. DATE PRIORITY CASE STRUCTURE AMOUNT/ OWNED BY NO. (2) (cfs) BWCD (cfs)(1) ROBINSON 5.00 1.21 05/11/1889 06/15/1882 38 132 DITCH

ROBINSON 2.50 0.60 05/11/1889 04/15/1886 140 132 DITCH

ROBINSON 2.00 0.48 05/11/1889 11/15/1886 167 132 DITCH

ROBINSON 10.70 2.59 12/29/1903 04/25/1899 212C 1061 DITCH

ROBINSON 20.06 4.85 08/25/1936 04/25/1900 326 3082 DITCH The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. District Court in and for Garfield County. Legal description: The NW ¼ of the SE ¼ of Section 11, Township 8 South, Range 87 West, of the 6th P.M., 2307 feet from the South section line and 2309 feet from the East section line (Eagle County). Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 AF of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Statement of plan for augmentation: Background: Applicant K2 is the record owner of Parcel E and Applicant K2 Deux is the record owner of Parcel W. The two Parcels are shown in Figure 1, and are legally described in DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 20

Exhibit A both on file with the Court. The Applicants’ plans include construction of a residence and the K2 Pond on Parcel W. The Parcel W Well, described in the Second Claim above, will supply potable water to the future Parcel W residence and in-building uses; irrigate up to one acre of lawn, gardens and landscaping; serve non-commercial livestock; supply a closed-loop heated driveway system on Parcel W; and fill the K2 Pond. The K2 Pond will be used for aesthetic, piscatorial, fire protection, augmentation and exchange purposes on Parcels E and W, and to irrigate up to one acre cumulative on Parcel E and Parcel W. Well depletions: The total diversions from the Parcel W Well associated with domestic use, irrigation and K2 Pond & Water Feature filling (and/or tank filling associated with the water feature) are estimated at 3.54 acre-feet; and the depletions associated with such diversions are 2.44, as shown in Table 1 on a monthly basis. The depletions are lagged as shown in Table 2. Both Tables are on file with the Court. Pond evaporation depletions: The total open surface area of the K2 Pond and Water Feature is 0.44 acres. The pond/water feature’s average total annual evaporation is 1.27 acre-feet. The pond will be constructed to prevent the interception of groundwater, and will be lined if necessary. Operation of plan for augmentation: The primary source of a potential water right call is the “Grand Valley/Cameo Call” made by several downstream agricultural rights on the Colorado River near Grand Junction. During Water Year 2012, a drought year, these water rights went on call from June 21 through October 23. Pursuant to this plan for augmentation, Applicants will utilize BWCD Allotment Contracts for a total of 2.35 acre-feet, as shown on Table 3 on file with the Court, to augment by exchange any call originating below the Roaring Fork/Frying Pan River confluence, including the Grand Valley/Cameo Call. Whenever a valid call is made by a senior water right with a point of diversion below such confluence that is administered by the Division Engineer, all out-of- priority depletions will be augmented by exchange through releases from the various BWCD water rights described above. Table 3 identifies an example of an extreme dry year monthly schedule and operation of the augmentation plan to provide replacement water to augment out of priority depletions associated with the augmented water rights. Applicants’ Fourth Claim below is for appropriative rights of exchange for the reaches between the upstream points of diversion and the downstream points of replacement on the Roaring Fork and/or Colorado Rivers. Table 3 may be modified, and BWCD contract amounts may be increased or decreased, as this case proceeds based on input from the Water Court and/or the Division Engineer’s Office. Local calls: If a valid local call occurs upstream of the Roaring Fork River/Frying Pan confluence that is administered by the Division Engineer, Applicants will (1) curtail all out of priority filling of the K2 Pond/Water Feature; (2) curtail all irrigation under the Parcel W Well and K2 Pond water rights; and (3) replace all out of priority domestic or other depletions from the Parcel W Well by making releases out of the K2 Pond back into the groundwater table from which the well draws. These releases will account for transit losses as appropriate and required by the Division Engineer. FOURTH CLAIM: FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE. Name of structure: K2 Exchange. Location: Downstream Termini: The points of replacement on the Roaring Fork and/or Colorado Rivers of the BWCD’s water rights listed above and described with particularity as follows: For the exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork and Colorado Rivers, located in the SE ¼ of the NW ¼ of Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point approximately 3,150 feet from the South Section line and 2,940 feet from the East Section line (Garfield County); For the exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork and Frying Pan Rivers located in the SW ¼ of the SE ¼ of Section 7, Township 8 South, Range 86 West of the 6th P.M., at a point 750 feet from the South Section line and 1,440 feet from the East Section line (Eagle and Pitkin Counties); and For the exchange of Robinson Ditch water: The point of diversion for the Robinson Ditch on the Roaring Fork River, located in the NW ¼ of the SE ¼ of Section 11, Township 8 South, Range 87 West of the 6 P.M., at a point 2,307 feet from the South Section line and 2,309 feet from the East Section line (Eagle County). Upstream Termini: The upstream exchange points will be the diversion points for the Willow & Owl Ditch, Parcel W Well, and Sam Stapleton Spring No. 1, as those sources are described in the application. Sources: Colorado River, Roaring Fork River, Maroon Creek, Willow Creek and Badger Hollow, to the extent certain segments of those streams are affected by the proposed exchange. Date of appropriation: October 1, 2013. How appropriation was initiated: Field inspection, survey, engineering analysis, and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Rate: Maximum rate of exchange is equal to the maximum rates of diversion associated with each source identified in the application. Plan of operation: The K2 Plan for Augmentation described in the Third Claim above includes an appropriative right of exchange of the augmentation water released pursuant to Applicants’ BWCD allotment contracts, extending from the lower termini described above to the upper termini described above. Applicants shall operate the exchange only when it is in priority. (19 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 21

13CW3106 MESA COUNTY. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO § 37-92-305(3.6), C.R.S. Applicants: Jearld M. Bruck and Elizabeth M. Bruck, ℅ John T. Howe, Hoskin Farina & Kampf, Professional Corporation, 200 Grand Avenue, Suite 400, Post Office Box 40, Grand Junction, Colorado 81502. Name of Structure: Bruck Pond. Decree: Case No. 06 CW 94, Water Division 5, March 1, 2007. Decreed Location: the dam is located in the NW¼SW¼ of Section 34, T 1 N, R 1 W of the 6th P.M., at a point 2,550 feet south of the north section line and 4,400 feet west of the east section line, Mesa County, Colorado. Decreed Source: waste water, seep water, and/or return flow water in an unnamed drainage tributary to Leach Creek, tributary to the Colorado River. Use: recreation, evaporation, irrigation and piscatorial uses. Appropriation Date: May 31, 2006 for irrigation and piscatorial purposes; July 1, 1973 for recreation and evaporation purposes. Amount: 1.50 acre feet. Description of proposed correction: the legal description in the decree in Case No. 06 CW 94 listed the prime meridian as the 6th P.M. The correct prime meridian, as stated in the Application in Case No. 06 CW 94, is the Ute P.M. Applicants seek to correct the prime meridian in the legal description pursuant to section 37-92-305(3.6), C.R.S. Land Owner: Applicants. Note: Bruck Pond is the subject of a pending proposed ruling of referee in Case No. 13 CW 33. In Case No. 13 CW 33, Applicants abandoned the piscatorial use. (6 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

22. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3107 (05CW49), PITKIN COUNTY, HUNTER CREEK TRIBUTARY TO ROARING FORK RIVER TRIBUTARY TO COLORADO RIVER. Red Butte Ranch Homeowners’ Association and RBR 12, LLC 500 Jalanda Ln, Aspen, CO 81611, copies of pleadings to Law Office of Craig Corona, PC, [email protected], 970 948-6523. Application for Findings of Reasonable Diligence and to Make Absolute. First Claim: Red Mountain Ditch-Red Butte Enlargement. Legal Description: The Witness Corner to the Southwest Corner of Section 5, T10S R84W, 6th P.M, bears south 84 degrees, 1 minute west a distance of 884.4 feet; located in the SW ¼ of the SW ¼ of said Section 5. Source: Hunter Creek. Appropriation date: 10/15/2004. Amount: 1.0 c.f.s., conditional. Uses: To fill and refill the Red Butte Pond System, the Red Butte Ranch Pond No. 1 Augmentation Pond, and Red Butte Ranch Pond No. 1 for the following subsequent uses: aesthetic, recreational, piscatorial and augmentation of evaporative losses. Claim to make absolute. Date: 7/1/2008. Amount: 1.0 c.f.s. Use: Applicants filled and refilled the Red Butte Pond System, the Red Butte Ranch Pond No. 1 Augmentation Pond water right, and the Red Butte Ranch Pond No. 1 structure for subsequent aesthetic, recreational, and piscatorial uses, and augmentation of evaporative losses. Second Claim: Red Butte Pond System - in the NE ¼ of the NW ¼ of Section 2, T10S R85W, 6th P.M., approximately 1,995 feet from the west section line and 195 feet from the north section line. Source: Hunter Creek, natural runoff, snowmelt and irrigation return flows tributary to the Roaring Fork River. Appropriation date: 10/15/2004. Amount: 6.72 acre-feet, conditional, with the right to fill and refill. Uses: Recreational, piscatorial, aesthetic, and to be used as an irrigation control structure. Claim to make absolute. Date: 7/1/2008. Amount: 6.72 acre-feet, plus fill and refill replacing evaporative loss. Use: Applicants filled and refilled the Red Butte Pond System for recreational, piscatorial, and aesthetic use, and used it as an irrigation control structure. Third Claim: Red Butte Ranch Pond No. 1 Augmentation Pond - Located in the SW ¼ of the SE ¼ of Section 35, T9S R85W, 6th P.M., approximately 3,650 feet from the east section line and 1,040 feet from the south section line. Source: Hunter Creek, via Red Mountain Ditch. Appropriation date: 10/15/2004. Amount: 3.0 acre-feet, conditional, with the right to fill and refill. Uses: Recreational, aesthetic and augmentation of evaporative losses of the Red Butte Pond System. Claim to make absolute. Date: 7/1/2008. Amount: 3.0 acre-feet, plus fill and re-fill. Use: Applicants filled and refilled the Red Butte Ranch Pond No. 1 under the Red Butte Ranch Pond No. 1 Augmentation Pond water right and used the water for recreational, aesthetic and augmentation of evaporative losses of the Red Butte Pond System. All of the subject water rights were decreed in Division 5 Case No. 05CW49 on December 4, 2007. These water rights are components of an integrated legal water supply plan decreed in Case Nos. 05CW49 and 05CW50, Division 5 Water Court. Maps of all structures, a description of actions taken to develop the water rights, and call records showing diversions were made in priority are included with the application. Thomas and Bonnie DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 22

McCloskey, c/o Clark Lipscomb, Cornerstone Holdings, LLC, 132 West Main Street, Aspen, CO 81611 own the land on which the headgate for the Red Mountain Ditch is located. The Red Mountain Ditch Company, c/o Tim Herreid, 117 South Spring Street, Aspen, CO 81611 owns the Red Mountain Ditch structures. Pitkin County, 530 E. Main Street, #302, Aspen, CO 81611, owns the land upon which the Red Butte Ranch Pond No. 1 is located. (15 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

23. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3108 PITKIN COUNTY. ROARING FORK RIVER. W/J Metropolitan District, c/o Patrick, Miller, Kropf & Noto, P.C., Paul L. Noto, Esq. and Jason M. Groves, Esq., 197 Prospector Road, Suite 2104A, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR APPROPRIATIVE RIGHTS OF EXCHANGE AND AMENDMENT TO PLAN FOR AUGMENTATION. Background: Applicant seeks confirmation of two appropriative rights of exchange by this application. The first claim seeks confirmation of an existing exchange, pursuant to C.R.S. § 37-92-305(10) (2013), of 13.5 acre-feet of water from Ruedi Reservoir, pursuant to the plan for augmentation decreed by Applicant’s predecessor in Case No. 90CW139, as amended by the plans decreed in Case Nos. 01CW151 and 04CW77. The second claim seeks confirmation of a conditional appropriative right of exchange of 100 acre- feet of water from Ruedi Reservoir under contract with the United States Department of the Interior, Bureau of Reclamation. Applicant also seeks to amend its existing plan for augmentation, only to supplement its existing augmentation sources with a new augmentation source, being the Bureau of Reclamation contract water. Name of structure: W/J Exchange 1. Type: Exchange. Legal description: Upstream Terminii: Jaffee Well No. 3: SE ¼, NE ¼, Section 21, T. 9 S., R. 85W, 6th P.M., at a point whence the NE corner of Section 21 bears: N. 19 degrees 00’ 17” E. 2522.56 feet. Also described as in the SE ¼, NE ¼, Section 21, T. 9 S., R. 85W, 6th P.M., at a point 2400 feet from the North Section line and 840 feet from the East Section line, in Pitkin County. Jaffee Well No. 4: NE ¼, SE ¼, Section 21, T. 9 S., R. 85W, 6th P.M., at a point 2190 feet from the South Section line, and 600 feet from the East Section line, in Pitkin County. Jaffee Well No. 5: SE ¼, NE ¼, Section 21, T. 9 S., R. 85W, 6th P.M., at a point 2600 feet from the North Section line and 750 feet from the East Section line, in Pitkin County. Downstream Terminus: the confluence of the Roaring Fork and Frying Pan Rivers, located in the SW ¼, SE ¼, Section 7, T. 8 S., R. 86W, 6th P.M., at a point 647 feet from the South Section line and 1475 feet from the East Section line. Source: Ruedi Reservoir, Fryingpan River. Date of Appropriation: June 29, 1990. By formulation of intent to appropriate and by Applicant’s predecessor securing Water Allotment Contract No. 149 with the Basalt Water Conservancy District, as amended, and filing the application for plan for augmentation in Case No. 90CW139. Date water applied to beneficial use: November 9, 1993. Amount claimed: 0.5 c.f.s., absolute. Up to 13.5 acre-feet per year, pursuant to the plan for augmentation decreed in Case No. 90CW139, as amended by the decrees in Case Nos. 01CW151 and 04CW77. Use: Domestic, commercial, stock watering, recreation, irrigation, fire protection, aesthetic, and augmentation, by exchange, pursuant to those uses decreed in Case No. 90CW139, as amended by the decrees in Case Nos. 01CW151 and 04CW77. Number of acres historically irrigated: Up to 3.97 acres within the W/J Metropolitan District. A map of the District Boundaries is on file with the Court. No water diversion or storage structure will be modified or constructed by this application. All water use will occur within Applicant’s service area boundaries, as such may be amended from time to time. The current service area boundaries are coterminous with the District Boundaries shown on Exhibit A, on file with the Court. Name of structure: W/J Exchange 2. Type: Exchange. Legal description: Upstream Terminii: Jaffee Well No. 1: In Lot 9, Section 21, T. 9 S., R. 85W., 6th P.M., at a point whence the East Quarter Corner of said Section 21 bears N. 67 degrees 53’ 41” E. 701.88 feet. In the NE ¼, SE ¼, Section 21, T. 9 S., R 85W, 6 th P.M., at a point 2,390 feet from the South Section line and 670 feet from the East Section line, in Pitkin County. Jaffee Well No. 2: In Lot 9, Section 21, T. 9 S., R. 85W., 6th P.M., at a point whence the East Quarter Corner of said Section 21 bears: N. 82 degrees 19’ E. 637.32 feet. In the NE ¼, SE ¼, Section 21, T. 9 S., R 85W, 6th P.M., at a point 2,570 feet from the South Section line and 645 feet from the East Section line, in Pitkin County. Jaffee Well No. 3: In the SE ¼, NE ¼, Section 21, T. 9 S., R. 85W, 6th P.M., at a point whence the NE corner of Section 21 bears: N. 19 degrees 00’ 17” E. 2522.56 feet. In the SE ¼, NE ¼, Section 21, T. 9 S., R. 85W, 6th P.M., at a point 2,400 feet from the North Section line and 840 feet from the East Section line, in Pitkin County. Jaffee Well No. 4: In the NE ¼, SE ¼, Section 21, T. 9 S., R. 85W, 6th P.M., at a point 2190 feet from the South Section line, and 600 feet from the East Section line, in Pitkin County. Jaffee Well No. 5: In the SE ¼, NE ¼, Section 21, T. 9 S., R. 85W, 6th P.M., at a point 2600 feet from the North Section line and 750 feet from the East Section line, in Pitkin County. Jaffee Well No. 6: In the NE ¼, SE ¼, Section 21, T. 9 S., R. 85W., 6th P.M., at a point 2620 from the South Section line and 720 feet from the East Section line, in Pitkin County. W/J River Pipeline: At a point on the East bank of the Roaring Fork River whence the Southwest corner of Section 22, T. 9. S., R. 85 W., 6 th DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 23

P.M., bears South 38 degrees 44’ East a distance of 856.64 feet. In the SE ¼, SE ¼, Section 21, T. 9 S., R 85W., 6th P.M., at a point 490 feet from the South Section line and 650 feet from the East Section line, in Pitkin County. Downstream Terminus: the confluence of the Roaring Fork and Frying Pan Rivers, located in the SW ¼, SE ¼, Section 7, T. 8 S., R. 86W, 6th P.M., at a point 647 feet from the South Section line and 1475 feet from the East Section line. Source: Ruedi Reservoir, Fryingpan River. Date of Appropriation: September 9, 2013. By formulation of intent to appropriate and by passage of a Resolution approving a contract with the United States Department of the Interior, Bureau of Reclamation for 100 acre-feet of water per year to be released from Ruedi Reservoir. Amount claimed: 0.5 c.f.s., up to 100 acre-feet per year, conditional. Use: Municipal, domestic, commercial, stock watering, recreation, irrigation, fire protection, aesthetic, water storage, swimming pool, green house, and augmentation by exchange. Number of acres historically irrigated: Up to 7.55 acres within the W/J Metropolitan District. A map of the District Boundaries is attached as Exhibit A, on file with the Court. Number of acres proposed to be irrigated: Up to 23 acres within the W/J Metropolitan District service area, as such may be amended from time to time. No water diversion or storage structure will be modified or constructed by this application. All water use will occur within Applicant’s service area boundaries, as such may be amended from time to time. The current service area boundaries are coterminous with the District Boundaries shown on Exhibit A, on file with the Court. Applicant seeks to amend the plan for augmentation decreed in Case No. 90CW139, as amended in Case Nos. 01CW151 and 04CW77, for the sole purpose of adding a supplemental source of augmentation water to the plan. The supplemental source is up to 26.6 acre-feet of Ruedi Reservoir water, of Applicant’s 100 acre-feet of Ruedi Reservoir water under contract with the United States Department of Interior, Bureau of Reclamation. Applicant does not seek any other amendment to the existing plan. Names of structures to be augmented: Jaffee Well Nos. 3 – 6. Well permit nos. 042935-F, 042937-F, 63098-F, and 64276-F, respectively. Description of water right: Case Nos.: 90CW139 (Wells 3-5); 01CW151 (Well 6). Legal description: See above. Appropriation dates: Jaffee Well Nos. 3 – 5: August 24, 1987. Jaffee Well No. 6: February 16, 2001. Amounts: Jaffee Well No. 3: 112 g.p.m., Jaffee Well No. 4: 75 g.p.m., Jaffeee Well No. 5: 54 g.p.m., Jafee Well No. 6: 200 g.p.m. Source: Roaring Fork River alluvium. Decreed uses: Domestic, irrigation, fire protection commercial, stock watering, aesthetic, water storage, recreation, swimming pool, greenhouse. Water right to be used for augmentation: Ruedi Reservoir. Date of original decree and subsequent decrees: Ruedi Reservoir was originally decreed in C.A. No. 4613, District Court, Garfield County, on June 20, 1958, with an appropriation date of July 29, 1957. In Case No. W-789-76, District Court, Water Division No. 5, the decreed storage capacity for the reservoir was reduced to 102,369 acre-feet. Type of water right: storage. Legal description: an on-channel reservoir located in sections 7, 8, 9, 11, and 14 – 18, T. 8 S., Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Source: Frying Pan River. Appropriation Date: July 19, 1957. Amount: 102,369 acre-feet. Amount to be included in this plan for augmentation: Up to 26.5 acre-feet. Decreed uses: generation of electrical energy, domestic, municipal, industrial, irrigation and stock watering. Complete statement of plan for augmentation: By this claim, Applicant seeks to decree a supplemental source of augmentation water for its plan for augmentation decreed in Case No. 90CW139, and amended in Case Nos. 01CW151 and 04CW77. Applicant seeks no other changes to the existing plan. Applicant has contracted for 100 acre-feet of water from Ruedi Reservoir from the United States Department of Interior, Bureau of Reclamation, of which Applicant seeks to dedicate up to 26.6 acre-feet to this plan. Applicant seeks the right to use this supplemental augmentation source, in lieu of or in conjunction with the sources identified in Case Nos. 90CW139, 01CW151, and 04CW77. All other aspects of the existing plan for augmentation shall remain the same. No water diversion or storage structure will be modified or constructed by this application. All water use will occur within Applicant’s service area boundaries, as such may be amended from time to time. The current service area boundaries are coterminous with the District Boundaries shown on Exhibit A, on file with the Court. (11pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

24. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3109 COLORADO RIVER, GARFIELD COUNTY. Application for Surface Water Rights for Recreational In-Channel Uses. The City of Glenwood Springs, Colorado, c/o Mark E. Hamilton, Esq. and Christopher L. Thorne, Esq., HOLLAND & HART LLP, 600 E. Main St., Suite 104, Aspen, CO 81611-1991, (970) 925-3476, [email protected], [email protected]. Names of Structures: No Name Whitewater Park, Horseshoe Bend Whitewater Park, Two Rivers Whitewater Park. Locations: (1) the diversion structures comprising the No Name Whitewater Park will be located in the channel of the Colorado River between the following two points on the centerline of the river: (a) No Name Whitewater Park Upstream Extent: PLSS: NW¼ SW¼ Sec. 1, T. 6 S., R. 89 W., 6th P.M., at a point 1880 ft from the N. section line and 85 ft from the W. section line of said Sec. 1, Garfield County, CO; UTM: NAD 83 Zone 13S: northing 4,381,478 m, easting 303,685 m; and (b) No Name Whitewater Park Downstream Extent: DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 24

PLSS: NW¼ SE¼ Sec. 2, T. 6 S., R. 89 W., 6th P.M., at a point 1475 ft from the S. section line and 1290 ft from the E. section line of said Sec. 1, Garfield County, CO; UTM: NAD 83 Zone 13S: northing 4,381,237 m, easting 303,246 m; (2) the diversion structures comprising the Horseshoe Bend Whitewater Park will be located in the channel of the Colorado River between the following two points on the centerline of the river: (a) Horseshoe Bend Whitewater Park Upstream Extent: PLSS: NW¼ SE¼ of Sec. 3, T. 6 S., R. 89 W. of the 6th P.M., at a point 1285 ft from the S. section line and 1910 ft from the E. section line of said Sec. 3, Garfield County, CO; UTM: NAD 83 Zone 13S: northing 4,381,288 m, easting 301,608 m; and (b) Horseshoe Bend Whitewater Park Downstream Extent: PLSS: NW¼ SE¼ of Sec. 3, T. 6 S., R. 89 W. of the 6th P.M., at a point 1920 ft from the N. section line and 2250 ft from the E. section line of said Sec. 3, Garfield County, CO; UTM: NAD 83 Zone 13S: northing 4,381,513 m, easting 301,551 m; and (3) the diversion structures comprising the Two Rivers Whitewater Park will be located within the channel of the Colorado River between the following two points on the centerline of the river: (a) Two Rivers Whitewater Park Upstream Extent: PLSS: SW¼ NE¼ of Sec. 9, T. 6 S., R. 89 W. of the 6th P.M., at a point 2394 ft from the N. section line and 1975 ft from the E. section line of said Sec. 9, Garfield County, CO; UTM: NAD 83 Zone 13S: northing 4,380,248m, easting 300,033 m; and (b) Two Rivers Whitewater Park Downstream Extent: PLSS: SE¼ NW¼ of Sec. 9, T. 6 S., R. 89 W. of the 6th P.M., at a point 2075 ft from the N. section line and 2330 ft from the W. section line of said Sec. 9, Garfield County, CO; UTM: NAD 83 Zone 13S: northing 4,380,353 m, easting 299,772 m. The precise locations of all structures will be confirmed upon making these conditional water rights absolute. Source (all structures): Colorado River (all structures). Approp. Date (all structures): 12/19/2013. How appropriations were initiated (all structures): by formation of the requisite intent to appropriate coupled with actions manifesting such intent, including but not limited to discussions in public meetings, engineering and planning studies, preliminary design, and passage of Resolution No. 2013-38 by the City of Glenwood Springs authorizing the filing of this Application. Amounts (all structures):

Time Period Flow Rate (c.f.s.) Apr. 1 through Apr. 29 1250* Apr. 30 through May 10 Not to exceed 2500* May 11 through July 6 Not to exceed 4000* July 7 through July 23 Not to exceed 2500* July 24 through Sept 30 1250* *Applicant seeks to confirm conditional water rights for up to five days of event flows at a rate of 4000 c.f.s. between May 11 and July 6 to coincide with a holiday weekend or other planned special events, with the remainder of days between April 30 and July 23 not to exceed the claimed 2500 c.f.s. flow rate. All of the above amounts claimed are limited to the period between 6:00 a.m. and 9:00 p.m. each day, except during competitive events when these hours may be extended to between 6:00 a.m. and 12:00 midnight each day. The Applicant hereby reserves the right, and gives notice to all interested parties, that it will further refine the time periods and flow rates claimed herein and provide such information to the Colorado River Water Conservation Board (CWCB) and objectors in this proceeding. While flow rates will not exceed the above-listed claims, nor extend beyond the time periods listed, the Applicant intends that any final decree in this matter will limit the total volume of water represented by the flow rates decreed for the claimed recreational in-channel diversions to no greater than 50% of the sum of the total average historical volume of water for the stream segments where the diversion structures will be located, pursuant to C.R.S. § 37-92-305(13)(f). Uses (all structures): All recreational uses in and on the Colorado River including without limitation, boating, rafting, kayaking, tubing, floating, canoeing, paddling, and all other non-motorized recreational uses. Names and addresses of owners of lands upon which structures will be located (based upon information obtained from the Garfield County Assessor): City of Glenwood Springs (Applicant); Colorado Department of Transportation, 222 S. 6th St., Grand Junction, CO 81501; Joseph Wayne McKeel, 6544 Harlow Drive, Bremerton, WA 98312; Union Pacific Corporation, c/o Bob Brenner, 1400 Douglas St., Stop 1640, Omaha, NE 68179-1640. Remarks: This Application is made pursuant to Colo. Const. Art XVI, § 5, Art XVI, § 6, and C.R.S. §§ 37-92-101, et seq. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

25. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3110 GARFIELD COUNTY, COLORADO – Application for Surface Water Right, Kuersten No. 1 Pipeline. Applicant: John Kuersten, P.O. Box 1530, Rifle, Colorado 81650, c/o Edward B. Olszewski, Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, Colorado 81602. CLAIM FOR SURFACE WATER RIGHT. Name of structure: Kuersten No. 1 Pipeline. Legal DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 25 description: A point of diversion located in the NE1/4SE1/4, Section 36, Township 6 South, Range 95 West, 6th P.M., 39 degrees 28’41.79” North and 107 degrees 56’30.43” W, Garfield County, Colorado. Source: Spring and seeps tributary to an unnamed drainage, tributary of the Colorado River. Date of appropriation: March 9, 2012. How appropriation was initiated: physical diversion of water into pipeline and actual irrigation of land; formation of intent to irrigate additional lands and to fill Kuersten Reservoir No. 1. Date water applied to beneficial use: March 9, 2012, for supplemental irrigation of 4.5 acres. Amount claimed: 0.5 cfs. Use or Proposed Use: Irrigation. If irrigation, complete the following: Number of acres historically irrigated: 4.5; proposed to be irrigated: an additional 3.5 acres for a total of 8 acres. Legal description of acreage: A tract of land situated in the NE1/4SE1/4, Section 36, Township 6 South, Range 95 West, 6th P.M., and more fully described as follows: Beginning at a point in the center of County Road whence the East quarter corner of said Section 36 bears N. 57° E., 1442.59 feet, thence S. 10°47’E., 289 feet; thence N.79°13’E., 145 feet; thence N. 10° 47’ W., 289 feet; thence S. 79°13 W., 145 feet to the point of beginning. County of Garfield, State of Colorado. A map showing the irrigated area is attached to the Application. If non-irrigation, describe purpose fully: pond filling for Kuersten Reservoir No. 1 as claimed in Case No. 12CW174. Name and address of owner or reputed owner of the land upon which the diversion is located. Applicant. Remarks: Applicant claims 0.5 cfs absolute for the irrigation of 4.5 acres, and conditional for the irrigation of 3.5 additional acres, not yet under irrigation, and for pond filling. Wherefore, Applicant requests the Court approve his Application for Surface Water Right upon such terms and conditions as are just and proper. (6 pages, including 2 maps) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

26. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2013. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 11CW201 EAGLE COUNTY, EAGLE RIVER OR ITS TRIBUTARIES. Eagle Valley Clean Energy, LLC, c/o Arthur B. Ferguson, Jr., Esq., Meghan N. Winokur, Esq., Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, CO 81601, (970) 925- 3476, [email protected], [email protected]. First Amended Application for Surface Water Rights. First Claim for Relief. (1) Structure: EVCE East Ditch. Legal description: The ditch is located in the SE ¼ of the NE ¼, Section 5, Township 5 South, Range 85 West, 6th P.M. 2040 feet from the north section line and 610 feet from the east section line, Eagle County, Colorado. The location of the EVCE East Ditch is shown on the U.S.G.S. topographic map attached to the application as Exhibit A. Source: Seepage/spring/tailwater flowing in an unnamed ditch tributary to the Eagle River, tributary to the Colorado River. Approp. Date: December 21, 2011, conditional. How appropriation was initiated: By field observation, formation of intent to appropriate water right and posting a notice of the appropriation. Date water applied to beneficial use: N/A. Amount claimed: 1.0 cfs, conditional. Use or proposed use: Industrial, domestic and irrigation. If irrigation, complete the following: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: 10 acres. Legal description of acreage irrigated or to be irrigated: Lands located in the N ½ of the SE ¼ of the NE ¼ of Section 5 and the NW ¼ of the SW ¼ of the NW ¼ of Section 4, all in Township 5 South, Range 85 West of the 6th P.M., Eagle County, Colorado, as shown on Exhibit A to the application. Area of lawns and gardens irrigated: 10 acres. If non-irrigation, describe purpose fully: Applicant proposes to develop a power plant facility on the property depicted in Exhibit A to the application and utilize water for all associated industrial and domestic uses. Such use may include making supplemental water available to the EVCE West Ditch described below to address concerns of American Gypsum Company, LLC, whose plant is located on the adjacent industrial property to the west. Second Claim for Relief. Structure: EVCE West Ditch. Legal description: The ditch is located in the SW ¼ of the NE ¼, Section 5, Township 5 South, Range 85 West, 6th P.M. 1750 feet from the north section line and 1350 feet from the east section line, Eagle County, Colorado. The location of the EVCE West Ditch is shown on the U.S.G.S. topographic map incorporated herein and attached to the application as Exhibit A. Source: Seepage/spring/tailwater flowing in an unnamed ditch tributary to the Eagle River, tributary to the Colorado River. Approp.Date: December 21, 2011, conditional. How appropriation was initiated: By field observation, formation of intent to appropriate water right and posting a notice of the appropriation. Date water applied to beneficial use: N/A. Amount: 2.0 cfs, conditional. Use or proposed use: Industrial, domestic and irrigation. If irrigation, complete the following: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: 10 acres. Legal description of acreage irrigated or to be irrigated: Lands located in the N ½ of the SE ¼ of the NE ¼ of Section 5 and the NW ¼ of the SW ¼ of the NW ¼ of Section 4, all in Township 5 South, Range 85 West of the 6th P.M., Eagle County, Colorado, as shown on Exhibit A to the application. Area of lawns and gardens irrigated: 10 acres. If non-irrigation, describe purpose fully: Applicant proposes to develop a power plant facility on the property depicted in Exhibit A to the application and utilize water for all associated industrial and domestic uses. Third Claim for Relief. Structure: EVCE Pump and Pipeline. Legal description: The diversion reach for the pump and pipeline is located along the southerly bank of the Eagle River from a point located DECEMBER 2013 RESUME WATER DIVISION 5 PAGE 26 in the NW1/4 of the NE1/4 of Section 5, Township 5 South, Range 85 East of the 6th P.M., approximately 905 feet from the north section line and 1720 feet from the east section line, upstream to a point in the NE1/4 of the NE1/4 of said Section 5, approximately 430 feet from the north section line and 950 feet from the east section line, as shown on the U.S.G.S. topographic map incorporated herein and attached to the application as Exhibit A. Source: Eagle River, tributary to the Colorado River. Approp. Date: November 6, 2013, conditional. How appropriation was initiated: By field observation, design of the pump and pipeline and formation of intent to appropriate water right. Date water applied to beneficial use: N/A. Amount: 1.0 cfs. Use or proposed use: Industrial, domestic and irrigation. If irrigation, complete the following: Number of acres historically irrigated: N/A. Number of acres proposed to be irrigated:10 acres. Legal description of acreage irrigated or to be irrigated: Lands located in the N ½ of the SE ¼ of the NE ¼ of Section 5 and the NW ¼ of the SW ¼ of the NW ¼ of Section 4, all in Township 5 South, Range 85 West of the 6th P.M., Eagle County, Colorado, as shown on Exhibit A. Area of lawns and gardens irrigated: 10 acres. If non-irrigation, describe purpose fully: Applicant proposes to develop a power plant facility on the property depicted in Exhibit A to the application and utilize water for all associated industrial and domestic uses. Such use may include making supplemental water available to the EVCE West Ditch described above to address concerns of American Gypsum Company, LLC, whose plant is located on the adjacent industrial property to the west. Applicant is owner of the property where structure is located. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2014 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601