IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of December, 2014. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest as provided in the Water Right Determination and Administration Act of 1969, or be forever barred. “THERE HAS BEEN FILED IN THIS PROCEEDING A CLAIM OR CLAIMS WHICH MAY AFFECT IN PRIORITY ANY WATER RIGHT CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST AS PROVIDED IN THE WATER RIGHT DETERMINATION AND ADMINISTRATION ACT OF 1969, OR BE FOREVER BARRED.”

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 Laura Kalafus, Program Assistant), 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 Laura Kalafus, Program Assistant), 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.

CASE NO. 2014CW56. Applicant: Melissa Lujan, 14334 2830 Road, Hotchkiss, CO 81419. Application for Conditional Surface Water Rights: Lujan Wastewater Ditch – SW1/4NE1/4 of Section 6, T14S, R93W, 6th P.M. 2,138 feet from the south line and 1,547 feet from the west section line. Source: Overland Canal, Gunnison River. Appropriation Date: 10/10/2014. Amount Claimed: 0.3 c.f.s. conditional for of 6 acres. DELTA COUNTY.

CASE NO. 2014CW57. Applicant: Linda Boulder, P. O. Box 3159, Durango, CO 81302. Application for Absolute Storage Water Right: Darwin’s Dream Pond – NW1/4NW1/4 of Section 6, T48N, R9W, N.M.P.M. 2,604 feet from the north line and 363 feet from the west section line. Source: Happy Canyon Creek, Uncompahgre River. Appropriation Date: 09/30/2014. Amount Claimed: .50 acre-feet absolute for stockwater and purposes. MONTROSE COUNTY.

CASE NO. 2014CW58 (REF NO. 08CW53). Applicants: John and Brooke Driehuis, 7780 Bean Ranch Road, Whitewater, CO 81527. Application to Make Absolute: Triple H Spring – NE1/4SE1/4SE1/4 of Section 5, T3S, R2E, Ute PM. 1,257 feet north of the south line and 380 feet west of the east section line. Source: Indian Creek, Kannah Creek and the Gunnison River. Appropriation Date: 05/08/2008. Amount claimed: .033 cfs absolute for irrigation. The application on file with the Water Court contains and outline of the work performed during the diligence period. MESA COUNTY.

CASE NO. 2014CW3090. (REF. NO. 08CW48). Applicant: CITY OF GRAND JUNCTION, c/o Jamie B. Beard, 250 N. 5th Street, Grand Junction, CO 81501. Application for Finding of Absolute Water Storage Rights: ANDERSON NO. 1 - The center of the dam of Anderson Reservoir No. 1 is located in Section 9, Township 12 South, Range 96 West of the 6th P.M. at a point whence the North 1/4 corner of said section 9 bears North 31º 37' East a distance of 1316 feet. 1150 feet from the north section line and 2000 feet from the west section line. Date of Original Decree: 11/30/1995; Case No. 93CW260. Source: Deep Creek. Appropriation Date: 12/15/1993. Amount Claimed: 506 acre feet. Use: For snowmaking and municipal uses in the Colorado River Basin. MESA COUNTY. ANDERSON RESERVOIR NO. 2 - The right abutment of the dam of Anderson Reservoir No. 2 is located at a point whence the Northwest corner of Section 4, Township 12 South, Range 96 West of the 6th P.M. bears North 49º 54’ West a distance of 2500 feet. 1700 feet from the north section line and 2000 feet from the west section line. Date of Original Decree: 11/30/1995; Case No. 93CW260. Source: Deep Creek. Appropriation Date: 12/15/1993. Amount Claimed: 595 acre-feet. Use: For snowmaking and municipal uses in the Colorado River Basin. MESA COUNTY. ANDERSON RESERVOIR NO. 6 - The initial point of survey of the dam for the Anderson Reservoir No. 6 is located at a point whence the Northeast corner of Section 11, Township 12 South, Range 97 West of the 6th P.M. bears North 51º 31' East a distance of 2520 feet. 1600 feet from the north section line and 2000 feet from the east section line. Date of Original Decree: 11/30/1995; Case No. 93CW260. Source: North Fork Kannah Creek and Coal Creek, Gill Creek, Skunk Creek, and Deep Creek (via the BA&J Ditch). Appropriation Date: 12/15/1993. Amount Claimed: 118 acre-feet. Use: For all municipal uses in the Colorado River Basin. MESA COUNTY. BOLEN, ANDERSON & JACOBS RESERVOIR NO. 2 ENLARGEMENT – The initial point of survey of dam for Bolen, Anderson & Jacobs Reservoir No. 2 Enlargement is located at a point whence the South 1/4 corner of Section 11, Township 12 South, Range 97 West, of the 6th P.M. bears South 0º 45' East a distance of 1435 feet. The dam can be plotted 1520 feet north of the south section line and 960 feet west of the east section line. Date of Original Decree: 11/30/1995; Case No. 93CW260. Source: North Fork Kannah Creek and Coal Creek, Gill Creek, and Deep Creek. Appropriation Date: 12/15/1993. Amount Claimed: 240 acre-feet. Use: For all municipal uses in the Colorado River Basin. MESA COUNTY. BOLEN RESERVOIR ENLARGEMENT - The initial point of survey of the Bolen Reservoir Enlargement is located at a point whence the North 1/4 corner of said Section 10, Township 12 South, Range 97 West of the 6th P.M. bears North 52º 30' West 2613 feet. 1600 feet from the north section line and 475 feet from the east section line. Date of Original Decree: 11/30/1995; Case No. 93CW260. Source: North Fork Kannah Creek and Coal Creek, Gill Creek, and Deep Creek. Bolen Reservoir Enlargement is an off channel reservoir. The Bolen Feeder Ditch is decreed for 10.92 cfs. The reservoir is also filled with natural tributary runoff and water diverted in the Bolen Anderson & Jacob Ditch from the described creeks. Appropriation Date: 12/15/1993. Amount Claimed: 185 acre feet (336 acre feet already absolute). Use: For all municipal uses in the Colorado River Basin. MESA COUNTY.

CASE NO. 2014CW3091. MONTROSE COUNTY 1. Applicant: Stoney Point, LLC, 8015 6025 Road, Olathe CO 81425, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970- 874-9777. APPLICATION FOR WATER RIGHTS (SURFACE) 2. Name of Structure: STONEY POINT SPRING 3. Legal Description of point of diversion: SE1/4SW1/4, Section 5, Township 48 North, Range 7 West, N.M.P.M., approximately 228 feet north of the north section line and 2314 feet east of the west section line. UTM coordinates Northing 4258178.92 Easting 267687.32, Zone 13 4. Date of Appropriation: May 11, 2014 5. Amount: 0.125 c.f.s. 6. Uses: Irrigation of five acres, fish culture and stock water. 7. Source of Water: spring in a small draw tributary to Cedar Creek and the Uncompahgre River. MONTROSE COUNTY.

CASE NO. 2014CW3092. MESA COUNTY Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1. Name & address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203; (303) 866-3441. Please direct communications regarding this case to Kate Ryan, Assistant Attorney General, Natural Resources & Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508- 6304. 2. Name of water right: Lower East Creek Instream Flow Water Right. 3. Legal description: The Lower East Creek Instream Flow Water Right is located in the natural channel of East Creek from the East Creek Ditch headgate extending to the confluence with the Gunnison River being a distance of approximately 0.37 miles. This segment can be located on the Whitewater U.S.G.S. quadrangle. A map of the Lower East Creek Instream Flow Water Right is attached as Exhibit 1. A. Upstream Terminus = East Creek Ditch Headgate at: 1. UTM: Northing: 4319600.29 Easting: 200178.68 (NAD 1983 Zone 13 North). 2. PLSS: SW SE Section 28, Township 12 South, Range 99 West 6th PM 2,858’ East of the West Section Line; 20’ North of the South Section Line. 3. Lat/Long: latitude 38° 58’ 26.72”N and longitude 108° 27’ 38.75”W. B. Downstream Terminus = Confluence with Gunnison River at: 1. UTM: Northing: 4319826.49 Easting: 200698.38 (NAD 1983 Zone 13 North). 2. PLSS: SE SE Section 28, Township 12 South, Range 99 West 6th PM 196’ West of the East Section Line; 731’ North of the South Section Line. 3. Lat/Long: latitude 38° 58’ 34.68”N and longitude 108° 27’ 17.55”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini are provided as the decree locations. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: East Creek, tributary to the Gunnison River. 5. A. Date of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 1.6 cfs (3/15 – 5/31), absolute. 7. Use of Water: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). The CWCB’s appropriation of an instream water right also does not affect ground water. 9. Remarks: This appropriation by the CWCB on behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without material injury to water rights. MESA COUNTY.

CASE NO. 2014CW3093. MESA COUNTY Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1. Name & address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203; (303) 866-3441. Please direct communications regarding this case to Kate Ryan, Assistant Attorney General, Natural Resources & Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508-6304. 2. Name of water right: Upper East Creek Instream Flow Water Right. 3. Legal description: The Upper East Creek Instream Flow Water Right is located in the natural stream channel of East Creek, from the confluence with North East Creek extending to the East Creek Ditch headgate being a distance of approximately 4.94 miles. This segment can be located on the Whitewater U.S.G.S. quadrangle. A map of the East Creek Instream Flow Water Right is attached as Exhibit 1. A. Upstream Terminus = Confluence with North East Creek at: 1. UTM: Northing: 4313551.60 Easting: 196614.12 (NAD 1983 Zone 13 North). 2. PLSS: SW SE Section 18, Township 13 South, Range 99 West 6th PM 2,570’ West of the East Section Line; 750’ North of the South Section Line. 3. Lat/Long: latitude 38° 55’ 6.44”N and longitude 108° 29’ 56.97”W. B. Downstream Terminus = East Creek Ditch Headgate at: 1. UTM: Northing: 4319600.29 Easting: 200178.68 (NAD 1983 Zone 13 North). 2. PLSS: SW SE Section 28, Township 12 South, Range 99 West 6th PM 2,858’ East of the West Section Line; 20’ North of the South Section Line. 3. Lat/Long: latitude 38° 58’ 26.72”N and longitude 108° 27’ 38.75”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini are provided as the decree locations. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: East Creek, tributary to the Gunnison River. 5.A. Date of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 1.6 cfs (3/15 – 6/30) and 0.25 cfs (7/1 – 3/14), absolute. 7. Use of Water: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). The CWCB’s appropriation of an instream water right also does not affect ground water. 9. Remarks: This appropriation by the CWCB on behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without material injury to water rights. MESA COUNTY.

CASE NO. 2014CW3094. GUNNISON COUNTY. Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1. Name & address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203; (303) 866-3441. Please direct communications regarding this case to Derek L. Turner, Assistant Attorney General, Natural Resources & Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508-6306. 2. Name of water right: Hot Springs Creek Instream Flow Water Right. 3. Legal Description: The Hot Springs Creek Instream Flow Water Right is located in the natural stream channel of Hot Springs Creek from the outlet of Hot Springs Reservoir extending to the L.L. Bush Ditch No. 4 headgate, a distance of approximately 3.46 miles. This segment can be located on the Doyleville and Pitkin U.S.G.S. quadrangles. A map of the Hot Springs Creek Instream Flow Water Right is attached as Exhibit 1. A. Upstream Terminus: Hot Springs Creek outlet of Hot Springs Reservoir at: 1. UTM: Northing: 4263872.08 Easting: 365614.28 (NAD 1983 Zone 13 North). 2. PLSS: NW NW Section 16, Township 49 North, Range 4 East NM PM 1,138’ East of the West Section Line; 169’ South of the North Section Line. 3. Lat/Long: latitude 38° 30’ 47.14”N and longitude 106° 32’ 29.02”W. B. Downstream Terminus: L.L. Bush Ditch No. 4 Headgate in the vicinity of: 1. UTM: Northing: 4261332.33 Easting: 361699.68 (NAD 1983 Zone 13 North). 2. PLSS: SE SE Section 24, Township 49 North, Range 3 East NM PM 943’ West of the East Section Line; 830’ North of the South Section Line. 3. Lat/Long: latitude 38° 29’ 22.61”N and longitude 106° 35’ 8.8”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini will be used as the legal descriptions for the water rights in this application. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: Hot Springs Creek, tributary to Tomichi Creek. 5.A. Date of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 2.4 cfs (May 1 to July 21), absolute. 7. Proposed Uses: Instream flow uses to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92- 102(3). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). The CWCB’s appropriation of an instream water right does not affect ground water. 9. Remarks: A. The CWCB has an existing instream flow water right on Hot Springs Creek from the headwaters to the confluence with Tomichi Creek, in the amount of 1.5 cfs (January 1 to December 31), decreed in Case No. 84CW374, Water Div. 4, appropriated on May 4, 1984. The flow rates sought herein are in addition to the amount of the existing instream flow water right, in order to preserve the natural environment to a reasonable degree. B. This appropriation by the CWCB on behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without material injury to water rights. GUNNISON COUNTY.

CASE NO. 2014CW3095. MESA COUNTY Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1. Name & address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203; (303) 866-3441. Please direct communications regarding this case to Derek L. Turner, Assistant Attorney General, Natural Resources & Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508- 6306. 2. Name of water right: Granite Creek Instream Flow Water Right. 3. Legal description: The Granite Creek Instream Flow Water Right is located in the natural stream channel from the confluence of two unnamed tributaries extending to the Colorado – Utah Stateline, a distance of approximately 5.79 miles. This segment can be located on the Steamboat Mesa and Two V Basin U.S.G.S. quadrangles. A map of the Granite Creek Instream Flow Water Right is attached as Exhibit 1. A. Upstream Terminus: Confluence of two unnamed tributaries at: 1. UTM: Northing: 4307514.83 Easting: 156138.33 (NAD 1983 Zone 13 North). 2. PLSS: NW SE Section 12, Township 14 South, Range 104 West 6th PM 1,480’ West of the East Section Line; 1,384’ North of the South Section Line. 3. Lat/Long: latitude 38° 50’ 57.39”N and longitude 108° 57’ 43.18”W. B. Downstream Terminus: Colorado – Utah Stateline at: 1. UTM: Northing: 4305756.66 Easting: 147902.58 (NAD 1983 Zone 13 North). 2. PLSS: NE NE Section 19, Township 14 South, Range 104 West 6th PM 780’ West of the East Section Line; 375’ South of the North Section Line. 3. Lat/Long: latitude 38° 49’ 48.77”N and longitude 109° 03’ 20.77”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini will be used as the legal descriptions for the water rights in this application. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: Granite Creek, tributary to the Dolores River. 5.A. Date of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 2.7 cfs (April 1 to June 30) and 0.5 cfs (July 1 to March 31), absolute. 7. Proposed Uses: Instream flow uses to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). The CWCB’s appropriation of an instream water right does not affect ground water. 9. Remarks: This appropriation by the CWCB on behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without material injury to water rights. MESA COUNTY.

CASE NO. 2014CW3096. GUNNISON COUNTY. Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1. Name & address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203; (303) 866-3441. Please direct communications regarding this case to Patrick E. Kowaleski, Senior Assistant Attorney General, Natural Resources & Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508- 6297. 2. Name of water right: Slate River (Upper) Instream Flow Water Right. 3. Legal description: The natural stream channel from the confluence with Poverty Gulch extending to the confluence with Oh Be Joyful Creek being a distance of approximately 3.69 miles. This segment can be located on the Oh-Be-Joyful U.S.G.S. quadrangle. A map of the Slate River (Upper) Instream Flow Water Right is attached as Exhibit 1.A. Upstream Terminus = Confluence Poverty Gulch at: 1. UTM: Northing: 4312815.03 Easting: 321387.33 (NAD 1983 Zone 13 North). 2. PLSS: NE NE Section 12, Township 13 South, Range 87 West 6th PM 825’ West of the East Section Line; 260’ South of the North Section Line. 3. Lat/Long: latitude 38° 56’ 45.96”N and longitude 107° 03’ 39.75”W. B. Downstream Terminus = Confluence Oh Be Joyful at: 1. UTM: Northing: 4308782.62 Easting: 323966.16 (NAD 1983 Zone 13 North). 2. PLSS: SE NW Section 20, Township 13 South, Range 86 West 6th PM 2,335’ East of the West Section Line; 2,434’ South of the North Section Line. 3. Lat/Long: latitude 38° 54’ 37.10”N and longitude 107° 01’ 48.96”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini are provided as the decree locations. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: Slate River tributary to East River. 5.A. Date of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Dated applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 30 cfs (5/1 – 7/15), absolute. 7. Use of Water: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92- 102(3). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). The CWCB’s appropriation of an instream water right also does not affect ground water. 9. Remarks: This appropriation by the CWCB on behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without material injury to water rights. The CWCB has an existing instream flow water right on the Slate River from the confluence with Poverty Gulch extending to the confluence with Oh Be Joyful Creek, in the amount of 8 cfs (12/1 – 3/31) and 15 cfs (4/1 – 11/30), decreed in Case No. 4-80CW092A with an appropriation date of 3/17/1980. The flow rates sought herein are in addition to the amount of the existing instream flow water right. GUNNISON COUNTY.

CASE NO. 2014CW3097. GUNNISON COUNTY. Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1. Name & address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203; (303) 866-3441. Please direct communications regarding this case to Patrick E. Kowaleski, Senior Assistant Attorney General, Natural Resources & Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508-6297. 2. Name of water right: Slate River (Lower) Instream Flow Water Right. 3. Legal description: The natural stream channel from the confluence with Oh Be Joyful Creek extending to the confluence with Coal Creek being a distance of approximately 5.63 miles. This segment can be located on the Oh-Be-Joyful and Gothic U.S.G.S. quadrangles. A map of the Slate River (Lower) Instream Flow Water Right is attached as Exhibit 1. A. Upstream Terminus = Confluence Oh Be Joyful at: 1. UTM: Northing: 4308782.62 Easting: 323966.16 (NAD 1983 Zone 13 North). 2. PLSS: SE NW Section 20, Township 13 South, Range 86 West 6th PM 2,335’ East of the West Section Line; 2,434’ South of the North Section Line. 3. Lat/Long: latitude 38° 54’ 37.10”N and longitude 107° 01’ 48.96”W. B. Downstream Terminus = Confluence Coal Creek at: 1. UTM: Northing: 4305018.94 Easting: 328465.27 (NAD 1983 Zone 13 North). 2. PLSS: NW SW Section 35, Township 13 South, Range 86 West 6th PM 1,105’ East of the West Section Line; 1,415’ North of the South Section Line. 3. Lat/Long: latitude 38° 52’ 38.28”N and longitude 106° 58’ 38.87”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini are provided as the decree locations. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: Slate River tributary to East River. 5.A. Date of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 45 cfs (5/1 – 7/15), absolute. 7. Use of Water: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and address of owners of reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92- 302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). The CWCB’s appropriation of an instream water right also does not affect ground water. 9. Remarks: This appropriation by the CWCB on behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without material injury to water rights. The CWCB has an existing instream flow water right on the Slate River from the confluence with Poverty Gulch extending to the confluence with Oh Be Joyful Creek, in the amount of 10 cfs (12/1 – 3/31) and 20 cfs (4/1 – 11/30), decreed in Case No. 4-80CW092B with an appropriation date of 3/17/1980. The flow rates sought herein are in addition to the amount of the existing instream flow water right. GUNNISON COUNTY.

CASE NO. 2014CW3098. Gunnison County. Name & Address of Applicant: Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings to: Jennifer Mele, Senior Assistant Attorney General, Office of the Colorado Attorney General, 1300 Broadway, 7th Floor, Denver, Colorado 80203. Telephone: (720) 508-6282. E-mail: [email protected]. Application for Instream Flow Water Rights to Preserve the Natural Environment to a Reasonable Degree 2. Name of water right: Oh Be Joyful Creek Instream Flow Water Right . 3. Legal Description: The Oh Be Joyful Creek Instream Flow Water Right is located on the natural stream channel from the confluence of an unnamed tributary extending to the confluence with the Slate River being a distance of approximately 1.66 miles. This segment can be located on the Oh-Be-Joyful U.S.G.S. quadrangle. A map of the Oh Be Joyful Creek Instream Flow Water Right is attached to the Application as Exhibit 1. A. Upstream Terminus: Confluence Unnamed Tributary at 1. UTM: Northing: 4308454.01 Easting: 321737.28 (NAD 1983 Zone 13 North). 2. PLSS: NW SW Section 19, Township 13 South, Range 86 West 6th PM 294’ East of the West Section Line; 1,315’ North of the South Section Line. 3. Lat/Long: latitude 38° 54’ 24.83”N and longitude 107° 03’ 21.14”W. B. Downstream Terminus: Confluence Slate River at 1. UTM: Northing: 4308782.60 Easting: 323966.18 (NAD 1983 Zone 13 North). 2. PLSS: SE NW Section 20, Township 13 South, Range 86 West 6th PM 2,339’ East of the West Section Line; 2,433’ South of the North Section Line. 3. Lat/Long: latitude 38° 54’ 37.10”N and longitude 107° 01’ 48.95”W C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini are provided as the decree locations. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: Oh Be Joyful Creek tributary to the Slate River. 5. A. Date of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 3.0 cfs (4/1 – 4/30), 14.0 cfs (5/1 – 7/15) and 3.0 cfs (7/16 – 8/15), absolute. 7. Proposed Uses: Instream flow uses to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37- 92-102(3), C.R.S. (2014). As instream flow water rights, the CWCB’s appropriations do not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) (“A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device.”). The CWCB’s appropriation of an instream flow water right also does not affect ground water. 9. Remarks: These appropriations by the CWCB on behalf of the people of the State of Colorado are made under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2014), that the natural environment will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without material injury to water rights. The CWCB has an existing instream flow water right on Oh Be Joyful Creek from the confluence with an unnamed tributary to the confluence with the Slate River, in the amount of 3.0 cfs (1/1 – 12/31), decreed in Case No. 4-80CW093A with an appropriation date of 3/17/1980. The flow rates sought herein are in addition to the amount of the existing instream flow water right. GUNNISON COUNTY.

CASE NO. 2014CW3099. MESA COUNTY Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1. Name & address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203; (303) 866-3441. Please direct communications regarding this case to Thomas N. George, Assistant Attorney General, Natural Resources & Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508-6305. 2. Name of Water Right: Ute Creek Instream Flow Water Right. 3. Legal Description: The Ute Creek Instream Flow Water Right is located in the natural stream channel of Ute Creek from the headwaters extending to the confluence with West Creek, being a distance of approximately 7.87 miles. This segment can be located on the Gateway and Pine Mountain U.S.G.S. quadrangles. A map of the Ute Creek Instream Flow Water Right is attached as Exhibit 1. A. Upstream Terminus = Headwaters in the vicinity of: 1. UTM: Northing: 4291009.53; Easting: 170604.11 (NAD 1983 Zone 13 North). 2. PLSS: SW NW Section 34, Township 15 South, Range 102 West, 6th PM, 285’ East of the West Section Line, 2,168’ South of the North Section Line. 3. Lat/Long: latitude 38°42’23.01”N and longitude 108°47’16.07”W. B. Downstream Terminus = Confluence with West Creek at: 1. UTM: Northing: 4293476.82; Easting: 160049.97 (NAD 1983 Zone 13 North). 2. PLSS: NW NE Section 28, Township 15 South, Range 103 West, 6th PM, 2,473’ West of the East Section Line, 915’ South of the North Section Line. 3. Lat/Long: latitude 38°43’28.5”N and longitude 108°54’36.4”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluence) of the upstream and downstream termini are provided as the decree location. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: Ute Creek, tributary to West Creek, tributary to the Dolores River. 5.A. Date of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the CWCB under the provisions of sections 37-92-102(3) and (4), and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 2.0 cfs (4/1 – 6/15) and 0.3 cfs (6/16 – 3/31), absolute. 7. Use of Water: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). The CWCB’s appropriation of an instream flow water right also does not affect ground water. 9. Remarks: This appropriation by the CWCB on behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4), and 37-92-103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without material injury to water rights. MESA COUNTY.

CASE NO. 2014CW3100 (REF NO. 2007CW129). APPLICATION TO MAKE ABSOLUTE IN PART AND FOR FINDING OF REASONABLE DILIGENCE, in San Miguel County. Applicant: David and Benton Kelly, P.O. Box 64, Nucla, CO 81424; c/o Jennifer Russell, Russell & Pieterse, LLC, P.O. Box 2673, Telluride, Colorado 81435, (970) 239-1972. Applicants purchased the subject water rights and the real property on which the water rights are located in 2011. A copy of the water rights deed is attached to the application. I. HAMILTON SPRING NO. 1 WATER RIGHT. Decreed: December 1, 2008, in Case No. 07CW129, Water Division No. 4. Legal description of point of diversion: Required NE1/4 of NE1/4 Section Township Range Principal Description: the NE1/4 31 44N 14W Meridian San Miguel N.M.P.M. County

Distance from section lines: 470 feet from the north section line and 310 feet from the east section line A map showing the location of the subject water rights is attached to the application. Source: Spring tributary to Hamilton Creek, tributary to the San Miguel River. Appropriation date: December 7, 2006. Amount: 2.5 g.p.m. (0.006 c.f.s.), absolute. Beneficial uses: Domestic, livestock watering and fire protection, and storage for such uses. Conditional irrigation use is hereby abandoned. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: Applicants have applied the water right to domestic use by hauling it to a cabin on the property, and they have used the water for livestock watering and fire protection uses directly and following storage in Hamilton Pond No. 1, for which applicants are applying for an absolute water right contemporaneously with this application. II. HAMILTON SPRING NO. 2 WATER RIGHT. Decreed: December 1, 2008, in Case No. 07CW129, Water Division No. 4. Legal description of point of diversion: Required NE 1/4 of NW1/4 Section Township Range Principal Description: the NE1/4 31 44N 14W Meridian San Miguel N.M.P.M. County

Distance from section lines: 380 feet from the north section line and 2450 feet from the west section line Source: Spring tributary to Hamilton Creek, tributary to the San Miguel River. Appropriation date: December 7, 2006. Amount: 10 g.p.m. (0.022 c.f.s.), conditional. Beneficial uses: Fire protection and livestock watering. Conditional domestic and piscatorial uses are hereby abandoned. Hamilton Spring No. 2 may be used for the decreed beneficial uses either directly or following storage in West Hamilton Pond and also will be used to replace evaporative loss from the pond. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The applicants have operated a cattle ranching operation on the property for many years prior to their 2011 purchase from Hamilton Land Partnership. A fire on the property in 2002 burned much of the vegetation and created problems with silty runoff. Consequently, applicants are waiting two or three more years for improved revegetation before constructing West Hamilton Pond, due to the sediment that will flow into the pond. Applicants believe that there will be adequate revegetation within the next two or three years to allow them to build the pond and place the Hamilton Spring No. 2 and West Hamilton Pond water rights to their full decreed beneficial uses within the next diligence period. III. HAMILTON SPRING NO. 3 WATER RIGHT. Decreed: December 1, 2008, in Case No. 07CW129, Water Division No. 4. Legal description of point of diversion: Required NE1/4 of NW1/4 Section Township Range Principal Description: the NW1/4 32 44N 14W Meridian San Miguel N.M.P.M. County

Distance from section lines: 200 feet from the north section line and 1140 feet from the west section line Source: Spring tributary to Hamilton Creek, tributary to the San Miguel River. Appropriation date: December 7, 2006. Amount: 10 g.p.m. (0.022 c.f.s.), conditional. Beneficial uses: Livestock watering and fire protection. Conditional piscatorial use is hereby abandoned. Hamilton Spring No. 3 may be used for such beneficial uses either directly or following storage in East Hamilton Pond and also will be used to replace evaporative loss from the pond. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The applicants have operated a cattle ranching operation on the property for many years prior to their 2011 purchase from Hamilton Land Partnership. A fire on the property in 2002 burned much of the vegetation and created problems with silty runoff. Consequently, applicants are waiting two or three more years for improved revegetation before constructing East Hamilton Pond, due to the sediment that will flow into the pond. Applicants believe that there will be adequate revegetation within the next two or three years to allow them to build the pond and place the Hamilton Spring No. 3 and East Hamilton Pond water rights to their full decreed beneficial uses within the next diligence period. IV. WEST HAMILTON POND WATER RIGHT. Decreed: December 1, 2008, in Case No. 07CW129, Water Division No. 4. Legal description of point of diversion: The pond will be on-channel below Hamilton Spring No. 2. The northwest corner of the proposed dam abutment is located as follows: Required NE1/4 of the NW1/4 Section Township Range Principal Description: NE1/4 31 44N 14W Meridian San Miguel N.M.P.M. County

Distance from section lines: 310 feet south of the north section line and 2340 feet east of the west section line Source: Hamilton Spring No. 2, tributary to Hamilton Creek, tributary to the San Miguel River. Appropriation date: December 7, 2006. Amount: 0.22 acre-feet, conditional. Amount of Live Storage: 0.19 acre-feet. Amount of Dead Storage: 0.03 acre-feet. Additional Information on Dam and Pond: Maximum Surface Area: 0.8 Acres Maximum Depth: 6 feet Length of Dam: 60 feet. Beneficial uses: Livestock watering. Piscatorial use is hereby abandoned, Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The applicants have operated a cattle ranching operation on the property for many years prior to their 2011 purchase from Hamilton Land Partnership. A fire on the property in 2002 burned much of the vegetation and created problems with silty runoff. Consequently, applicants are waiting two or three more years for improved revegetation before constructing West Hamilton Pond, due to the sediment that will flow into the pond. Applicants believe that there will be adequate revegetation within the next two or three years to allow them to build the pond and place the Hamilton Spring No. 2 and West Hamilton Pond water rights to their full decreed beneficial uses within the next diligence period. V. EAST HAMILTON POND WATER RIGHT. Decreed: December 1, 2008, in Case No. 07CW129, Water Division No. 4. Legal description of point of diversion: The pond will be on-channel below Hamilton Spring No. 3. The northwest corner of the proposed dam abutment is located as follows: Required NE1/4 of the NW1/4 Section Township Range Principal Description: NW1/4 32 44N 14W Meridian San Miguel N.M.P.M. County

Distance from section lines: 130 feet south of the north section line and 1120 feet east of the west section line Source: Hamilton Spring No. 3, tributary to Hamilton Creek, tributary to the San Miguel River. Appropriation date: December 7, 2006. Amount: 0.38 acre-feet, conditional. Amount of Live Storage: 0.30 acre-feet. Amount of Dead Storage: 0.08 acre-feet. Additional Information on Dam and Pond: Maximum Surface Area: 0.11 Acres Maximum Depth: 6 feet Length of Dam: 75 feet. Beneficial uses: Livestock watering. Piscatorial use is hereby abandoned. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The applicants have operated a cattle ranching operation on the property for many years prior to their 2011 purchase from Hamilton Land Partnership. A fire on the property in 2002 burned much of the vegetation and created problems with silty runoff. Consequently, applicants are waiting two or three more years for improved revegetation before constructing East Hamilton Pond, due to the sediment that will flow into the pond. Applicants believe that there will be adequate revegetation within the next two or three years to allow them to build the pond and place the Hamilton Spring No. 3 and East Hamilton Pond water rights to their full decreed beneficial uses within the next diligence period. The subject water rights constitute an integrated water supply system for applicants’ property. SAN MIGUEL COUNTY.

CASE NO. 2014CW3101. APPLICATION FOR ABSOLUTE WATER STORAGE RIGHT, in San Miguel County. Applicant: David and Benton Kelly, P.O. Box 64, Nucla, CO 81424; c/o Jennifer Russell, Russell & Pieterse, LLC, P.O. Box 2673, Telluride, Colorado 81435, (970) 239-1972. HAMILTON POND NO. 1 WATER RIGHT. Legal description of point of diversion: Required NE1/4 of NE1/4 Section Township Range Principal Description: the NE1/4 31 44N 14W Meridian San Miguel N.M.P.M. County

Distance from section lines: 370 feet from the north section line and 310 feet from the east section line The location of the pond and photos of the pond are shown in the exhibit to the application. Source: Hamilton Spring No. 1 and , tributary to Hamilton Creek, tributary to the San Miguel River. Appropriation date: June 15, 1994. Amount: 0.22 acre-feet, conditional. Amount of Live Storage: 0.19 acre-feet. Amount of Dead Storage: 0.03 acre-feet. Additional Information on Dam and Pond: Maximum Surface Area: 0.08 Acres Maximum Depth: 6 feet Length of Dam: 45 feet. Beneficial uses: Livestock watering. General Remarks: A map of the location of the pond is attached hereto to the application. 1. The subject water right is part of an integrated water supply system for applicants’ property, together with the water rights decreed in Case No. 07CW129, Water Division No. 4, which also are shown on the exhibit. SAN MIGUEL COUNTY.

CASE NO. 2014CW3102. MESA COUNTY, SHEEP CREEK AND MAIDEN CREEK, AKA MADDEN SPRINGS BRANCH OF PAYNE CREEK, TRIBUTARY TO PAYNE CREEK, TRIBUTARY TO THE LITTLE DOLORES RIVER. Dennis J. Carns, Richard F. Reigles and Carrol L. Reigles (“Applicants”), c/o Dennis J. Carns, P.O. Box 69, Glade Park, CO 81523, (970) 243-2469 (home), (970) 250-2427 (cell); Applicant’s attorneys: Mark A. Hermundstad and Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262, [email protected], [email protected]. Application for Change of Water Rights. First Claim for Relief: Decreed Water Right for which Change is Sought: Name of Structure: Madden Ditch No. 1. Decree Information: Date of Original Decree: July 25, 1941, Case No: C.A. 5812, Court: Mesa County District Court, Legal Description of Structure: The decreed location of Madden Ditch No. 1 is described as follows: The headgate of Madden Ditch No. 1 is located at a point on the north bank of Sheep Creek, whence the Southeast Corner of Section 36, Township 13 South, Range 103 West of the 6th Principal Meridian bears North 86° 45’ East 8946 feet, and derives part of its supply from springs known as Madden or Maiden Springs, located in the Northwest corner of the Southwest Quarter of the Northwest Quarter of Section 36, said Township and Range, which water is conducted into the main ditch by a feeder ditch, the headgate of which is located at a point on the west bank of an arroyo, whence the Southeast Corner of said Section 36 bears south 52° 45’ East 5975 feet. Decreed Source of Water: Sheep Creek, a tributary of Little Dolores River, and Madden or Maiden Springs. Appropriation Date: August 8, 1914. Total Amount Decreed to Structure: 1.48 c.f.s. Decreed Use or Uses: Irrigation. Amount of Water That Applicants Intend to Change: 1.48 c.f.s. Detailed Description of Proposed Changes: Applicants request that the water right for Madden Ditch No. 1 be changed to allow it to be diverted at the following alternate point of diversion: A point on Sheep Creek in the NE1/4 SE1/4 of Sec. 25, T. 13 S., R. 103 W, 6th P.M., located approx. 1,916 ft from the S. section line and 315 ft from the E. section line of said Sec. 25. UTM coordinates: Easting: 166516.84, Northing: 4312084.11, Zone 13; meters. Latitude/longitude coordinates: Latitude: N 38º 53.661’, Longitude: W 108 º 50.693’. See Exhibit A to the Application. Applicants also request approval of the following manner of diverting water under the Madden Ditch No. 1 water right and applying such water to beneficial use: Applicants will divert water at the alternate point of diversion for Madden Ditch No. 1 described above, and transport the water in a ditch or pipeline around a hillside to Maiden Creek, also known as the Madden Springs branch of Payne Creek, where it can be discharged into either Madden Trout Pond or Reservoir No.1 or No. 2 (described in the Second Claim for Relief, below). The water that is discharged into these ponds flows through the ponds and down Maiden Creek, where Applicants will re-divert it at one or more locations in the North 1/2 of Sec. 25 and the SE1/4 SE1/4 of Sec. 24, T. 13 S., R. 103 W., 6th P.M. and the SW1/4 SW1/4 of Sec. 19, T. 13 S., R. 102 W., 6th P.M. The water from Madden Ditch No. 1 will be used to irrigate up to 80 acres of land owned by Applicants and located in the North 1/2 of Sec. 25 and the SE1/4 SE1/4 of Sec. 24, T. 13 S., R. 103 W., 6th P.M. and in the W1/2 SW1/4 of Sec. 19, T. 13 S., R. 102 W., 6th P.M. Name and address of landowners: The decreed point of diversion for Madden Ditch No. 1 is located on lands owned by D & K LLLP, P.O. Box 2738, Grand Junction, CO 81502. The alternate point of diversion of the Madden Ditch No. 1 is located on lands owned by Barbara J. Gleason, 2314 J Road, Grand Junction, CO 81505-9654. Second Claim for Relief: Decreed Water Rights for which Changes are Sought: Name of Structure: Madden Trout Pond or Reservoir No. 1. Decree Information: Date of Original Decree: July 25, 1941. Case No: C.A. 5812. Court: Mesa County District Court. Legal Description of Structure: The decreed location of the Madden Trout Pond or Reservoir No. 1 is as follows: A pond or reservoir located in the Southwest Quarter of the Northeast Quarter of Sec. 25, T. 13 S., R. 103 W., 6th P.M., the initial point of survey thereof being at a point on the east end of the dam, whence the NE corner of said Sec. 25 bears North 43° 23’ East 3118 feet. Decreed Source of Water: Springs tributary to the Madden Springs branch of Payne Creek, tributary to the Little Dolores River. Appropriation Date: September 1, 1933. Total Amount Decreed to Structure: 0.238 acre feet. Decreed Use or Uses: Propagation of fish. Amount of Water That Applicants Intend to Change: 0.238 acre feet. Name of Structure: Madden Trout Pond or Reservoir No. 2. Decree Information: Date of Original Decree: July 25, 1941. Case No: C.A. 5812. Court: Mesa County District Court. Legal Description of Structure: The decreed location of the Madden Trout Pond or Reservoir No. 1 is as follows: A pond or reservoir located in the North Half of the Northeast Quarter of Sec. 25, T. 13 S., R. 103 W., 6th P.M., the initial point of survey being at a point on the East end of the dam whence the Northeast corner of said Sec. 25 bears North 57° 21’ East 1140 feet. Decreed Source of Water: Springs tributary to the Madden Springs branch of Payne Creek, tributary to the Little Dolores River. Appropriation Date: September 1, 1933. Total Amount Decreed to Structure: 1.04 acre feet. Decreed Use or Uses: Propagation of fish. Amount of Water That Applicants Intend to Change: 1.04 acre feet. Detailed Description of Proposed Changes: Applicants request confirmation that water under the Madden Trout Pond or Reservoir No. 1 be allowed to be stored at the actual location of the pond, to the extent the actual location is different from the decreed location of the pond. The actual location of the Madden Trout Pond or Reservoir No. 1 is located as follows: A point in the NW1/4 NE1/4 of Sec. 25, T. 13 S., R. 103 W. 6th P.M., located approx. 735 ft from the N. section line and 1480 ft from the E. section line of said Sec. 25. UTM coordinates: Easting: 166197.27, Northing: 4312920.63, Zone 13; meters. Latitude/longitude coordinates: Latitude: N 38º 54.105’, Longitude: W 108º 50.938’. See Ex. A to the Application. Applicants also request confirmation that water under the Madden Trout Pond or Reservoir No. 2 be allowed to be stored at the actual location of the pond, to the extent the actual location is different from the decreed location of the pond. The actual location of the Madden Trout Pond or Reservoir No. 2 is located as follows: A point in the NE1/4 NE1/4 of Sec. 25, T. 13 S., R. 103 W., 6th P.M., located approx. 446 ft from the N. section line and 1257 ft from the E. section line of said Sec. 25. UTM coordinates: Easting: 166269.37, Northing: 4313015.83, Zone 13; meters. Latitude/longitude coordinates: Latitude: N 38º 54.158’, Longitude: W 108º 50.891’. See Ex. A to the Application. Name and address of landowners: The decreed and actual locations of the Madden Trout Pond or Reservoir No. 1 and No. 2 are located on lands owned by Applicants. (9 pages). MESA COUNTY.

CASE NO. 2014CW3103. MESA COUNTY, SHEEP CREEK AND MAIDEN CREEK, AKA MADDEN SPRINGS BRANCH OF PAYNE CREEK, TRIBUTARY TO PAYNE CREEK, TRIBUTARY TO THE LITTLE DOLORES RIVER. Dennis J. Carns, Richard F. Reigles and Carrol L. Reigles (“Applicants”), c/o Dennis J. Carns, P.O. Box 69, Glade Park, CO 81523, (970) 243-2469 (home), (970) 250-2427 (cell), Applicant’s attorneys: Mark A. Hermundstad and Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262, [email protected], [email protected]. Application for Absolute Surface Water Right and Absolute and Conditional Water Storage Rights. All of the water rights claimed in this Application are part of a single integrated water system to supply water to Applicants’ property described as follows (“Applicants’ Property”): N. 1/2 of Sec. 25 and the SE1/4 SE1/4 of Sec. 24, T. 13 S., R. 103 W., 6th P.M. and of the W1/2 SW1/4 of Sec. 19, T. 13 S., R. 102 W., 6th P.M. First Claim for Relief: Surface Water Right: Name of Structure: Madden Ditch No. 1, First Enlargement. Type of Structure: Ditch. Legal Description: A point on Sheep Creek in the NE1/4 SE1/4 of Sec. 25, T. 13 S., R. 103 W., 6th P.M., located approx. 1,916 ft from the S. section line and 315 ft from the E. section line of said Sec. 25. UTM coordinates: Easting: 166516.84, Northing: 4312084.11, Zone 13; meters. Latitude/longitude coordinates: Latitude: N 38º 53.661’, Longitude: W 108 º 50.693’. See Ex. A to the Application. Source: Sheep Creek, trib. to Payne Creek, trib. to the Little Dolores River. Appropriation Date: Nov. 1, 1962. Date Water Applied to Beneficial Use: Nov. 1, 1962. Amount Claimed: 1.48 c.f.s., absolute. Water has been diverted into this ditch in the non-irrigation season since the 1950’s by Applicants and their predecessors in interest and used for the purposes set forth herein. Uses: Stockwatering, wildlife watering, piscatorial, fire protection, maintenance of flow through the ditch to prevent freezing and irrigation of up to 80 acres of land. The water for irrigation purposes will be applied to irrigate portions of Applicants’ Property after the end of the regular irrigation season and before the commencement of the next irrigation season to build up soil moisture in order to prepare the soil for growing crops during the next irrigation season. The water from this water right may be used directly for any of the purposes described herein, and/or it may be stored in any or all of the ponds described in the Second, Third and Fourth Claims for Relief below, for subsequent release and/or use for any of such purposes. Name and address of landowner: The point of diversion is located on lands owned by Barbara J. Gleason, 2314 J Road, Grand Junction, CO 81505-9654. Second Claim for Relief: Absolute Water Storage Right: Name of Reservoir: Madden Trout Pond or Reservoir No. 1, First Enlargement. Legal Description: A point in the NW1/4 NE1/4 of Sec. 25, T. 13 S., R. 103 W., 6th P.M., located approx. 735 ft from the N. section line and 1480 ft from the E. section line of said Sec. 25. UTM coordinates: Easting: 166197.27, Northing: 4312920.63, Zone 13; meters. Latitude/longitude coordinates: Latitude: N 38º 54.105’, Longitude: W 108º 50.938’. See Ex. A to the Application. Source: Springs and natural runoff occurring above the pond and water flowing in Maiden Creek, also known as the Madden Springs branch of Payne Creek, trib. to Payne Creek, trib. to the Little Dolores River, and the Madden Ditch No. 1, First Enlargement described above. If Filled From a Ditch: The dam for the pond is constructed across Maiden Creek and the pond fills in part from springs and natural runoff occurring above the pond and water flowing in Maiden Creek. However, it is also filled in part by the following ditch: Madden Ditch No. 1, First Enlargement described in the First Claim for Relief, above. Legal Description of Point of Diversion: See above. Appropriation Date: Nov. 1, 1962. Date Water Applied to Beneficial Use: November 1, 1962. Amount Claimed: 1.8 acre feet, absolute, together with the right to fill and refill the pond when water is available in priority. Water has been diverted into and stored in this pond by Applicants and their predecessors in interest for many years and used for the purposes set forth herein. Uses: Stockwatering, wildlife watering, piscatorial, fire protection and irrigation of up to 80 acres of land. The water for irrigation purposes may be used during the regular irrigation season and/or it may be applied to irrigate portions of Applicants’ Property after the end of the regular irrigation season and before the commencement of the next irrigation season to build up soil moisture in order to prepare the soil for growing crops during the next irrigation season. Dam and Reservoir Info: Surface Area of High Water Line: Approx. 0.4 acres. Height of Dam: Less than 10 ft. Length of Dam: approximately 160 ft. Total Capacity: 1.8 acre feet. Active capacity: Approx. 1.1 acre feet. Dead storage: Approx. 0.7 acre feet. Name and address of landowners: Applicants. Third Claim for Relief: Absolute Water Storage Right: Name of Reservoir: Madden Trout Pond or Reservoir No. 2, First Enlargement. Legal Description: A point in the NE1/4 NE1/4 of Sec. 25, T. 13 S., R. 103 W. 6th P.M., located approx. 446 ft from the N. section line and 1257 ft from the E. section line of said Sec. 25. UTM coordinates: Easting: 166269.37, Northing: 4313015.83, Zone 13; meters. Latitude/longitude coordinates: Latitude: N 38º54.158’, Longitude: W 108º 50.891’. See Ex. A to the Application. Source: Springs and natural runoff occurring above the pond and water flowing in Maiden Creek, also known as the Madden Springs branch of Payne Creek, trib. to Payne Creek, trib. to the Little Dolores River, and the Madden Ditch No. 1, First Enlargement described above. If Filled From a Ditch: The dam for the pond is constructed across Maiden Creek and the pond fills in part from springs and natural runoff occurring above the pond and water flowing in Maiden Creek. However, it is also filled in part by the following ditch: Madden Ditch No. 1, First Enlargement described in the First Claim for Relief, above. Legal Description of Point of Diversion: See above. Date of Appropriation: Nov. 1, 1962. Date Water Applied to Beneficial Use: Nov. 1, 1962. Amount Claimed: 2.0 acre feet, absolute, together with the right to fill and refill the pond when water is available in priority. Water has been diverted into and stored in this pond by Applicants and their predecessors in interest for many years and used for the purposes set forth herein. Uses: Stockwatering, wildlife watering, piscatorial, fire protection and irrigation of up to 80 acres of land. The water for irrigation purposes may be used during the regular irrigation season and/or it may be applied to irrigate portions of Applicants’ Property after the end of the regular irrigation season and before the commencement of the next irrigation season to build up soil moisture in order to prepare the soil for growing crops during the next irrigation season. Dam and Reservoir Info: Surface Area of High Water Line: approx. 0.5 acres. Height of Dam: Less than 10 feet. Length of Dam: 180 ft. Total Capacity: 2.0 acre feet. Active capacity: Approx. 1.2 acre feet. Dead storage: Approximately 0.8 acre feet. Name and address of landowners: Applicants. Fourth Claim for Relief: Conditional Water Storage Right: Name of Reservoir: Madden Pond No. 3. Legal Description of Location of Dam: A point in the NW1/4 SW1/4 of Sec. 19, T. 13 S., R. 102 W., 6th P.M., located approx. 1,487 feet from the S. section line and 803 feet from the W. section line of said Sec. 19. UTM coordinates: Easting: 166925.08, Northing: 4313623.97, Zone 13; meters. Latitude/longitude coordinates: Latitude: N 38º 54.501’, Longitude: W 108º 50.456’. See Exhibit A to the Application. Source: Springs and natural runoff occurring above the pond and water flowing in Maiden Creek, also known as the Madden Springs branch of Payne Creek, trib. to Payne Creek, trib. to the Little Dolores River, and the Madden Ditch No. 1, First Enlargement described above. If Filled From a Ditch: The dam for the pond will be constructed across Maiden Creek and the pond fills in part from springs and natural runoff occurring above the pond and water flowing in Maiden Creek. However, it is also filled in part by the following ditch: Madden Ditch No. 1, First Enlargement described in the First Claim for Relief, above. Legal Description of Point of Diversion: See above. Appropriation Date: Jan. 24, 1994. Amount Claimed: 13 acre feet, conditional, together with the right to fill and refill the pond when water is available in priority. Uses: Stockwatering, wildlife watering, piscatorial, fire protection and irrigation of up to 80 acres of land. The water for irrigation purposes may be used during the regular irrigation season and/or it may be applied to irrigate portions of Applicants’ Property after the end of the regular irrigation season and before the commencement of the next irrigation season to build up soil moisture in order to prepare the soil for growing crops during the next irrigation season. Dam and Reservoir Info: Surface Area of High Water Line: approx. 2 acres. Height of Dam: 15 ft. Length of Dam: 250 ft. Total Capacity: 13 acre feet. All of the capacity of the pond will be active capacity. Name and address of landowners: Applicants. (11 pages). MESA COUNTY.

CASE NO. 2014CW3104 (REF NO. 85CW303 87CW254 93CW254 00CW283 08CW68). Double RL Company, c/o Cliff Wolford, 5180 Highway 62, Ridgway, Colorado 81432. Richard A. Johnson, David F. Bower, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. Application for Finding of Reasonable Diligence, in OURAY and SAN MIGUEL COUNTIES. Name and Description of Conditional Water Rights. Name of Structures. Lodge Reservoir. Lodge Reservoir Feeder Canal (a/k/a Leopard Creek Ditch). Lodge Pipeline. Original and Subsequent Decrees. The decree for the subject water rights was entered on December 4, 1987 in Case No. 85CW303, Water Division 4. A decree adding uses to the Lodge Reservoir and Lodge Reservoir Feeder Canal water rights was entered on September 27, 1990 in Case No. 87CW254, Water Division 4. The conditional water rights were continued by decrees entered on December 27, 1994, June 26, 2002, and December 1, 2008 in Case Nos. 93CW254, 00CW238, and 08CW68, Water Division 4, respectively. Legal Description of Structures. The dam for the Lodge Reservoir is to be located on the channel of Cottonwood Creek at a point in the Northeast 1/4 of the Southeast 1/4 of Section 18, Township 44 South, Range 9 West of the New Mexico Principal Meridian whence the Northeast corner of said Section 18 bears North 13°39ʹ47ʺ East a distance of 4,038.8 feet, said point being 747.9 feet West of the East line and 3,942.4 feet South of the North line of said Section 18. The Lodge Reservoir Feeder Canal (a/k/a Leopard Creek Ditch) is located at a point on the East Fork of Leopard Creek in an unsurveyed portion of Township 44 North, Range 9 West of the New Mexico Principal Meridian whence the Northeast corner of Section 18 of said Township bears North 29°25ʹ55ʺ East a distance of 7,053.1 feet. Lodge Reservoir Feeder Canal is the same structure as the Leopard Creek Ditch, Priority No. 21, decreed in Case No. 939, Ouray County District Court, on December 4, 1916, in which case the headgate of said ditch is described as being located “on Leopard Creek at a point whence the Northwest corner of Section 17, Township 44 North of Range 9 West bears North 60°30ʹ East 4,290 feet distant.” The Lodge Pipeline is to be located at alternate points of diversion as follows: At a point located on the East Fork of Leopard Creek in an unsurveyed portion of Township 44 North, Range 9 West of the New Mexico Principal Meridian whence the Northeast corner of Section 18 of said Township bears North 29°25ʹ55ʺ East a distance of 7,053.1 feet. The point of diversion is the same structure as the Leopard Creek Ditch, Priority No. 21, decreed in Case No. 939, Ouray County District Court, on December 4, 1916, in which case the headgate of said ditch is described as being located “on Leopard Creek at a point whence the Northwest corner of Section 17, Township 44 North of Range 9 West bears North 60°30ʹ East 4,290 feet distant.” Water will be diverted at this point of diversion and discharged into Cottonwood Creek in the Southwest 1/4 of the Southeast 1/4 of Section 18, Township 44 North, Range 9 West of the New Mexico Principal Meridian, whence the Northeast corner of said Section 18 bears North 27°38ʹ01ʺ East a distance of 4,911.5 feet. Said water will then be rediverted at the point described immediately below. A point on Cottonwood Creek located in the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 44 North, Range 9 West of the New Mexico Principal Meridian, Ouray County, Colorado, whence the Northeast corner of said Section 18 bears North 25°32ʹ42ʺ East 4,503.51 feet, said point being 1,297.9 feet North of the South boundary and 1,715.2 feet West of the East boundary of said Section 18. Decreed Sources. The source of the Lodge Reservoir is natural inflow from Cottonwood Creek, tributary to Dallas Creek, tributary to the Uncompahgre River, and the East Fork of Leopard Creek, tributary to the San Miguel River. The Lodge Reservoir Feeder Canal (a/k/a Leopard Creek Ditch) diverts water from the East Fork of Leopard Creek to Cottonwood Creek and an unnamed tributary thereof through which water is proposed to be conveyed for storage in the Lodge Reservoir. The source of the water for the Lodge Pipeline is the East Fork of Leopard Creek, tributary to the San Miguel River, and Cottonwood Creek, tributary to Dallas Creek, tributary to the Uncompahgre River. Date of Appropriation. May 15, 1985. Decreed Amounts and Uses. The Lodge Reservoir is decreed for 60 acre-feet, conditional, for the irrigation of five acres, and for the domestic needs for a lodge, associated irrigation, fishing, recreational, fire protection, and all other purposes necessary and incidental to the occupancy of said lodge. In Case No. 87CW254, the uses were changed to also include augmentation and replacement purposes under the plan for augmentation decreed in that case. The Lodge Reservoir Feeder Canal (a/k/a Leopard Creek Ditch) is decreed for 21 cfs, conditional, for the irrigation of five acres, and for the domestic needs for a lodge, associated irrigation, fishing, recreational, fire protection, and all other purposes necessary and incidental to the occupancy of said lodge. In Case No. 87CW254, the uses were changed to also include augmentation and replacement purposes under the plan for augmentation decreed in that case. The Lodge Pipeline is decreed for 0.2 cfs, conditional, for the domestic needs for a lodge, associated irrigation, fishing, recreational, fire protection, and all other purposes necessary and incidental to the occupancy of said lodge. Claim for a Finding of Reasonable Diligence. The following activities were undertaken since the last diligence finding in order to complete and apply the subject conditional water rights to their decreed beneficial uses: Water Resources Engineering Activities. Applicant’s water resource and water rights engineers, Bishop-Brogden Associates, Inc. (“BBA”), performed site visits to the Lodge Reservoir area during the diligence period and investigated the planned utilization of the reservoir, feeder canal, and pipeline for a lodge and other incidental purposes. The BBA work included water resource and water rights planning for the proposed project site. Applicant spent approximately $47,000 for BBA’s work. Design Engineering and Soils Testing. During the subject diligence period, Applicant retained Buckhorn Engineering to perform a conceptual dam and reservoir study for the Lodge Reservoir. The conceptual study reviewed geologic information, aerial photographs, and topographic data, and created preliminary dam design and storage curves for the Lodge Reservoir. Applicant spent over $4,700 on this study. Operations and Maintenance Work. In August of 2013, Applicant performed maintenance work on the Leopard Creek Ditch Diversion Headgate and Flume at a cost of approximately $1,300. General Legal and Engineering Costs. Applicant has also incurred over $200,000 in general legal and engineering costs during the subject diligence period in performing accounting and other water rights related work and in monitoring, evaluating and participating in water rights cases and other related projects in order to protect its water rights against injury. Name and Address of Landowner Upon which any New or Modified Diversion or Storage Structure is Located, Including Any Modification to the Storage Pool. The Lodge Reservoir and Lodge Pipeline alternate point of diversion as described in paragraph (2)(c)(iii)(B) above are located on land owned by Applicant. The Lodge Reservoir Feeder Canal (a/k/a Leopard Creek Ditch) and Lodge Pipeline alternate point of diversion as described in paragraph (2)(c)(iii)(A) is on land owned by the United States of America, c/o United States Forest Service, Uncompahgre National Forest, 2250 Highway 50, Delta, Colorado 81416. 7 pages including exhibit. OURAY and SAN MIGUEL COUNTIES.

CASE NO. 2014CW3105. REF NO. 11CW123). Name, address and phone number of applicant: United States of America, Department of Interior, Bureau of Land Management, Gunnison Field Office, c/o Kristen C. Guerriero, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region,755 Parfet St., Suite 151, Lakewood, CO 80215, Telephone (303) 231-5353, extension 551, [email protected]. 2.Name of structures: Upper Road Beaver Creek Pump, Lower Road Beaver Creek Pump. 3. Describe conditional water right: Date of Original Decree: 05/07/2012 Case Number: 2011 CW 123 Court: District Court, Water Division 4, Colorado Location: Upper Road Beaver Creek Pump: Located on public lands in the NE/4 NW/4, Section 31, T46N R1W, N.M.P.M., approximately 675 feet south of the north section line and 1425 feet east of west section line. 323965mE 4230013mN (Zone 13S, NAD 1983) Lower Road Beaver Creek Pump: Located on public lands in the SE/4 NW/4, Section 25, T46N R1.5W, N.M.P.M., approximately 2175 feet south of the north section line and 1725 feet east of the west section line. 322490mE 4231186mN (Zone 13S, NAD 1983) Source: Road Beaver Creek/Cebolla Creek/Gunnison River Appropriation Date: 10/31/2011 Amount: 0.0044 cfs, each, conditional Use: livestock, wildlife 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures: The Bureau of Land Management (BLM) constructed the water diversion and conveyance systems during 2013. Construction included installation of intakes and pipelines along Road Beaver Creek to the points of use, which are comprised of water troughs, fenced outside of the riparian area of Road Beaver Creek. At the upper diversion, a gravity fed system was installed in Road Beaver Creek, while a solar powered submersible pump was installed at the lower diversion. Labor and materials for the construction project were contributed by the BLM, National Fish and Wildlife Foundation, Trout Unlimited, and BLM’s grazing permittee on Park Creek Allotment. The pipeline systems were beneficially used by livestock and wildlife within the Park Creek Grazing Allotment between July 16 and August 15, 2014. 5. Name and address of owner of land on which structures are located: United States Department of Interior, Bureau of Land Management, Gunnison Field Office. 2130 West Spencer St., Suite A, Gunnison, CO 81230. GUNNISON COUNTY.

CASE NO. 2014CW3106 (Ref. 07-CW-192) APPLICATION TO MAKE CONDITIONAL RIGHTS ABSOLUTE. 1. Name, address and telephone number of Applicant, Larry Stephen Zeman, Trustee, PO Box 477, Laguna Beach, CA 92652, with all pleadings and correspondence to Michael D. Hockersmith, Hockersmith & Mueller, P.C., 645 2nd Street, PO Box 646, Ouray, CO 81427-0646, [email protected], 970-325-4414. 2. Name of structure: Last Dollar Pond 3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: A conditional right for the Last Dollar Pond for 5.5 acre feet for irrigation of 4 acres, having an appropriation date of October 10, 1996, and an adjudication date of 2007. A. Date of Original Decree: December 1, 2008; Case No. 07-CW-192; Water Division No. 4; B. Legal description: NW1/4NW1/4SW1/4, Section 1, Township 44 North, Range 10 West, N.M.P.M., San Miguel County, Colorado. Distance from section lines: 2110 feet north of the south section line and 230 feet east of the west section line. Subdivision: Last Dollar Tracts, Lot: Tract 1; C. Source of water: Last Dollar Springs #1 and #2, tributary to Leopard Creek, decreed conditional in Case No. 90CW0128 and absolute in Case No. 97CW128; D. Appropriation Date: October 10, 1996 with an adjudication date of 2007; E. Use: The original decree granted absolute rights for piscatorial, stock water and wildlife watering. Applicant, by way of this application, is requesting an absolute right for the above-referenced conditional right; F. Depth: (if well) n/a. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Since the date of the decree in 07-CW-292, Applicant has made diligent efforts to utilize the water for irrigation purposes as follows: a. During the diligence period, the Applicant has expended approximately $3,000.00 toward repair and maintenance of the pond; b. Applicant has entered into grazing leases, developed new irrigation ditches and the lessees have utilized the water for irrigation purposes. Based upon the above supplied information, the Applicant respectfully requests the Court issue a decree making absolute the conditional right for irrigation. 5. If claim to make absolute in whole or in part: a. Date water applied to beneficial use: June, 2012 Use: irrigation of four acres; b. Description of place of use where water is applied to beneficial use. See Exhibit A on file with the Court. 6. General a. Names(s) and address(es) of owner(s) of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. All structures and places of use are located on land owned by Applicant. b. Remarks or other pertinent information: None. SAN MIGUEL COUNTY.

CASE NO. 2014CW3107 (REF NO. 08CW70, 01CW278). Applicant: The Cimarron Canal and Reservoir Company, c/o Robert J. Thomas, 400 S. 3rd Street, Montrose, CO 81401. Application to Make Absolute, or for Finding of Diligence. Structure Name and location of point of diversion: Cimarron Canal–Coal Creek Enlargement, located in the NE1/4SW1/4SW1/4 of Section 30, Township 47 North, Range 6 West, NMPM, Gunnison County, being 1,079 feet North of the South Section line and 1,055 feet East of the West Section line of said Section 30. Source: Coal Creek, tributary to Big Cimarron River, tributary to the Gunnison River. Original decree entered June 17, 2002 in Case Number 01 CW 278 for 15 cfs (conditional) for irrigation purposes, appropriation date of January 10, 2001, adjudication date of 2001. By decree entered in Case Number 2008 CW 70, 10.0 cfs of the 15.0 cfs conditionally decreed in 01CW278 was made absolute, and a finding of diligence was made as to the remaining 5.0 cfs. The within application primarily requests the Court to make absolute the remaining conditional 5.0 cfs previously decreed; alternatively, the application requests a finding of diligence. Uses: irrigation. Date Water Applied to Beneficial Use: August 30, 2013, by diverting, in priority, all of said 15.0 cfs and applying the same to beneficial use for irrigation purposes on lands owned by the various shareholders of the Applicant, which consist of approximately 5,600 acres located in Gunnison and Montrose Counties: As to the alternative request for a finding of diligence, the Applicant’s expenses incurred in completing and maintain the Cimarron Canal – Coal Creek Enlargement is set forth more fully in the Application on file with the Court. IN GUNNISON COUNTY.

CASE NO. 2014CW3108. IN GUNNISON AND MONTROSE COUNTIES. APPLICATION FOR CHANGE OF WATER RIGHTS. CONCERNING THE APPLICATION FOR WATER RIGHTS OF: COLORADO WATER TRUST AND COLORADO WATER CONSERVATION BOARD. DISTRICT COURT, WATER DIVISION NO. 4, STATE OF COLORADO, 1200 N. Grand Avenue, Bin A, Montrose, CO 81401. 1. Names, Addresses and Telephone Numbers of Co-Applicants: Colorado Water Trust (“Trust”) 1420 Ogden St., Suite A2, Denver, CO 80218 Phone: (720) 570- 2897. Colorado Water Conservation Board (“CWCB”) 1313 Sherman St., Room 721, Denver, CO 80203 Phone: (303) 866-3441. 2. Summary of Application: The Trust is a Colorado nonprofit corporation that seeks to restore and protect streamflows in Colorado using voluntary, market-based tools. The Trust owns 1.5 of the 8 shares (18.75%) in the water rights decreed to the McKinley Ditch (the “Shares”), a ditch with four priorities that diverts water from the Little Cimarron River. In furtherance of the Trust’s mission, the Trust conveyed to the CWCB a Grant of Flow Restoration Use (the “Grant”). The Grant conveys to the CWCB a perpetual contractual interest in the Shares, with the goal of restoring streamflows to the Little Cimarron River and the Cimarron River. At its September 12, 2014 meeting, the CWCB found that the Grant would preserve and/or improve the natural environment of the Little Cimarron River and the Cimarron River, to be used exclusively by the CWCB pursuant to section 37-92-102(3), C.R.S. The Trust retains the underlying ownership of the Shares. Under this application, the preferred use of the Shares will be a split season use, with irrigation use made during the first part of the irrigation season and instream flow use made in the second part of the irrigation season. However, in some years the Shares will only be used for irrigation, and in other years the Shares will only be used for instream flow use. This filing seeks to add instream flow use by the CWCB to the existing decreed irrigation use of the Shares. 3. Decreed water right for which change is sought: A. Name of Structure: McKinley Ditch. B. Case Number, Court, and Date of Original and All Relevant Subsequent Decrees: i. Civil Action No. 1319, District Court, Montrose County, March 28, 1904. ii. Civil Action No. 1745, District Court, Montrose County, May 8, 1913. iii. Civil Action No. 4742, District Court, Montrose County, April 21, 1941. iv. Case No. 05CW132, District Court, Water Division 4, May 30, 2008. v. Case No. 12CW52, District Court, Water Division 4, February 14, 2013. C. Legal description of structure as described in most recent decree (12CW52): A point in the NW1/4NW1/4NW1/4, Section 12, Township 47 North, Range 6 West, N.M.P.M., 58 feet from the north section line and 220 feet from the west section line (easting 282861, northing 4247959, Zone 13, NAD 83). D. Decreed source of water: Little Cimarron River, tributary to the Cimarron River, tributary to the Gunnison River. E. Priorities, appropriation dates, total amount decreed, and amount Co-Applicants intend to change: McKinley Ditch (all amounts are absolute and are in cfs) Priority Appropriation Total Decreed Amount Co-Applicants Intend to Date Amount Change (18.75% of each priority) 56 September 1, 1886 12.17 2.281875 125 May 10, 1905 3.125 0.5859375 128 May 10, 1906 3.125 0.5859375 285 May 1, 1912 12.58 2.35875 TOTAL 31.0 5.8125 i. Previous Changes. 1. Case No. 05CW132, decreed on May 2, 2008 by the District Court for Water Division 4, corrected the point of diversion for the McKinley Ditch to the point referenced in paragraph 3(C). 2. Case No. 12CW52, decreed on February 14, 2013 by the District Court for Water Division 4, confirmed the historical place of use irrigation under the McKinley Ditch. This case also confirmed that each priority under the McKinley Ditch may be used on all lands irrigated under the McKinley Ditch. F. Decreed use: Irrigation. 4. Description of Proposed Change: A. Addition of instream flow use requested: The CWCB seeks approval to use its interest in the Shares for instream flow use exclusively by the CWCB pursuant to the terms of the Grant and section 37-92- 102(3), C.R.S. (2014), for preservation and/or improvement of the natural environment to a reasonable degree. Water used under this change of use decree will be in addition to any water to which the CWCB would otherwise be entitled pursuant to its existing decreed instream flow water rights on the Cimarron River, described below. i. Existing Decreed Instream Flow Water Right: The CWCB currently holds a decreed instream flow right on the Cimarron River, described in the table below. Case No. Stream Reach Amount Appropriation Date 84CW398 Cimarron Confluence of Little Cimarron River to 16 cfs May 4, 1984 confluence of Gunnison River The CWCB intends to use the Shares in priority for instream flow uses in Segment 3, described below, in combination with or in addition to the decreed instream flow appropriations described above. Such use will be for preservation of the natural environment at times when the existing instream flow is not in priority or is not fully met, and for improvement of the natural environment at flow rates above that decreed to the existing instream flow when the existing instream flow water right is fully met. ii. Segments and rates: The instream flow use will occur in three reaches on the Little Cimarron and Cimarron Rivers described below and depicted on Figure 1 attached hereto, and at the rates listed below. a. Segment One: i. Upper terminus: A point on the Little Cimarron River in the NW1/4 NW1/4 NW1/4, Section 12, Township 47 North, Range 6 West, N.M.P.M., 58 feet from the north section line and 220 feet from the west section line (easting 282861, northing 4247959, Zone 13, NAD 83). This is the existing point of diversion of the McKinley Ditch. ii. Lower terminus: A point on the Little Cimarron River where the return flows from the historical use of the McKinley Ditch returned to the Little Cimarron River, estimated to be upstream of the Perrin Ditch headgate in the NE1/4, Section 27, Township 48 North, Range 6 West, N.M.P.M. iii. Maximum rate of flow: 5.8125 cfs to improve the natural environment. b. Segment Two: i. Upper terminus: A point on the Little Cimarron River where the return flows from the historical place of use of the Shares return to the Little Cimarron River, estimated to be upstream of the Perrin Ditch headgate in the NE1/4, Section 27, Township 48 North, Range 6 West, N.M.P.M. ii. Lower terminus: The confluence of the Little Cimarron River and the Cimarron River. iii. Maximum rate of flow: The rate of flow will be based on average annual net historical depletion (i.e., historical depletion in stream flow attributable to the historical use of the Shares in the months of April through November) (“Shares’ Net Depletions”) to improve the natural environment. The average annual Shares’ Net Depletions are estimated by Co-Applicants' engineers to be 273.7 acre-feet. The monthly distribution of the Shares’ Net Depletions is shown in Table 1 attached hereto. c. Segment Three: i. Upper terminus: The confluence of the Little Cimarron River and the Cimarron River. ii. Lower terminus: The confluence of the Cimarron River and the Gunnison River. iii. Maximum rate of flow: The rate of flow will be based on the Shares’ Net Depletions to preserve and improve the natural environment. The average annual Shares’ Net Depletions are estimated by the Co-Applicants' engineers to be 273.7 acre- feet. The monthly distribution of the Shares’ Net Depletions is shown in Table 1 attached hereto. B. Remarks: i. The Shares were historically diverted and used to irrigate 194.5 acres. The historically irrigated lands are depicted on Figure 1 attached hereto. A summary of historical diversion records is attached hereto as Table 2. The irrigation return flows accrued to the Little Cimarron River, with the water diverted through the McKinley Ditch being entirely depletive to the Little Cimarron River to the lower terminus of Segment One. Accordingly, the Co-Applicants claim the right to use the full diversion amount of the Shares, less any amount remaining in the ditch to maintain historical ditch losses, for instream flow purposes in Segment One, but only the net historical depletion amount in Segments Two and Three. ii. Operational Scenarios: Under this application, the preferred use of the Shares will be a split season use with irrigation in the first part of the irrigation season, and instream flow use by the CWCB in the second part of the season,. This application also requests the option of years of full- season irrigation use or full-season Instream Flow Use. 5. Downstream Use: During years in which the Shares are used for instream flow use, either for a partial or full season, the Co-Applicants retain the right to bring about a beneficial use of the historical consumptive use of the Shares downstream of Segment Three as fully consumable reusable water pursuant to section 37-92-102(3), C.R.S. (2014). 6. Name and address of owners of land on which structures are located: The McKinley Ditch headgate is located on land owned by: Sharon A Barber and James L Barber, PO BOX 422386, Kissimmee, FL 34742-2386. 7. Retention of Right to Use Historical Irrigation Return Flows: If and to the extent that any of the historical irrigation return flows attributable to the Shares are not required to be provided to any downstream water rights senior to the date of the application in this case, Applicants claim the right to use such historical irrigation return flows for all beneficial uses described in this application with an appropriation date of December 31, 2014. (11 Pages). GUNNISON AND MONTROSE COUNTIES.

CASE NO. 2014CW3109. (Ref. 03-CW-60 and 08-CW-01) APPLICATION FOR UNDERGROUND WATER RIGHT. 1. Name, address and telephone number of Applicant, Todd Hoffman, P.O. Box 4141, Telluride, CO 81435, with all pleadings and correspondence to Andrew A. Mueller, Hockersmith & Mueller, P.C., PO Box 646, 645 Second Street, Ouray, CO 81427-0646, [email protected], 970-325-4414. 2. Name(s) of well(s) and permit, registration, or denial number(s). Attach copies of well permit, pump installation report, well construction and test report and statement of beneficial use (if available). (If permit applied for, but not acted upon, give date of permit application.) Wishing Well No. 1, Permit No. 248191, December 20, 2014. 3. Legal Description of Well: SW ¼ of the NE ¼, Section 36, Township 45N, Range 9W, N.M.P.M., Ouray County, Colorado; 2450 Feet from North section line and 1900 Feet from East section line. Source of PLSS information: Well Permit No. 248191. Street Address: 125 County Road 7A, Ridgway, CO 81432. Subdivision: Sailor Exemption, Lot 1. 4. A. Source of water: Tributary to East Dallas Creek which is tributary to Dallas Creek and the Uncompahgre River B. Depth of Well: 102 feet 5. A. Date of appropriation: February 27, 2003 B. How appropriation was initiated: Well Permit Application executed and Filed with Division 4 Engineer. C. Date water applied to beneficial use: August 2003. D. Does the well withdraw tributary groundwater: Yes. E. Amount claimed: 10 gallons per minute Absolute. F. Amount claimed in acre feet annually: Absolute 1 acre feet. This well has been providing water to residence on property since 2006 when Applicant purchased the property and built the house. 6. Does the well withdraw non-tributary groundwater: No. 7. Does the well operate pursuant to a decreed plan for augmentation: Yes. Case number of plan for augmentation: 03CW60 and 08CW01. Is plan for augmentation operational: Yes. 8. List All Uses or Proposed Uses: In home use by one residence and up to ¼ of an acre of outside irrigation. A. If irrigation, complete the following: Number of acres historically irrigated: ¼. Does the Applicant intend to use this water right to supplement irrigation on an area of land already irrigated under another water right? No. Legal description of irrigated acreage: Approximately ¼ of an acre located in proximity to residence on Lot 1 of Sailors Exemption in the SW1/4SW1/4NE1/4 of Section 36, T45N, R9W, N.M.P.M. See, Plat on file with Court as Exhibit A. B. If non-irrigation, describe purpose fully: One single family residence located on Lot 1 of Sailors Exemption. See, Exhibit A on file with Court. 9. All structures are located on Applicant’s property. 10. Remarks: The subject well was permitted as a monitoring well by the previous owner. Previous owner filed a series of water applications in 2003 (See, 03CW58, 03CW59 and 03CW60) in which previous owner requested and received rights to surface water diversion, water storage and an augmentation plan for out of priority depletions caused by the subject well. These prior applications referenced the subject well, but failed to actually apply for and/or receive a water right for that well. The water diversion right, some of the water storage rights and the augmentation plan were decreed absolute in case number 08CW01. Concurrently with this application, Applicant is filing a water well permit application with the Division of Water Resources to convert the monitoring well permit to an active residential well permit. A copy of the original monitoring well permit on file with Court as Exhibit B and a copy of the application for a residential water well permit being filed concurrently with this application on file with Court as Exhibit C. OURAY COUNTY.

CASE NO. 2014CW3110 Mesa County – Granite Creek; Mountain Island Ranch, LLC; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; Request to Correct Tributary Status of Water Right; Name, address, telephone number of Applicant: Mountain Island Ranch, LLC; P.O. Box 23057, Glade Park, CO 81523; (970) 245-4636; Decreed water right for which change is sought: Name of structure: Longshore Lake; Date of original decree: August 31, 2006, Case No. 06CW15; Legal description: SW/4 SE/4 NW/4 of Section 6, Township 14 South, Range 103 West, 6th P.M., at a point 1,575 feet from the west section line and 2,400 feet from the north section line; Decreed source of water: In Case No. 06CW15, the Longshore Lake was decreed as tributary to Coates Creek. Since the time of that decree, Applicant has determined that the Longshore Lake is actually tributary to Granite Creek; Appropriation date: June 1, 1955; Total amount decreed to the structure: 16 a.f.; Decreed uses: Stock and wildlife watering; Description of proposed change: Applicant requests to change the tributary status of the Longshore Lake from Coates Creek to Granite Creek. This application does not request approval of physical changes to the structure – the Longshore Lake has always been tributary to Granite Creek, but was mistakenly identified as tributary to Coates Creek in Case No. 06CW15. (3 pages). MESA COUNTY.

CASE NO. 2014CW3111 (REF NO. 08CW77). Gunnison County - Gunnison River; Mt. Crested Butte Water and Sanitation District; 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 Conditional Water Right Absolute and for Finding of Reasonable Diligence; Name, mailing address, and telephone number of applicant: Mt. Crested Butte Water and Sanitation District, a Colorado special district; PO Box 5470, Mt. Crested Butte, CO 81225; 970-349-7575; Name of structure: Meridian Lake Park Reservoir No. 1; Description of conditional water right: Original Decree: September 10, 1974, Case No. W-2009; List all subsequent decrees awarding findings of diligence: 87CW146 (recreation made absolute), February 4, 1988; 94CW32 and 94CW36, December 13, 1995; 01CW251, July 1, 2002; 08CW77, December 12, 2008; Legal description: The point of intersection of the centerline of the dam for the Meridian Lake Park Reservoir No. 1 and Washington Gulch is located in the NE/4 NE/4 SW/4 of Section 22, T13S, R86W, 6th P.M., at a point which is 1,986 feet from the south section line and 2,086 feet from the west section line in Gunnison County, Colorado; Source: The Reservoir is an on-channel structure on Washington Gulch, tributary to the Slate River, tributary to the East River, tributary to the Gunnison River; Appropriation Date: August 1, 1973; Amount: 110 a.f.; Conditional use: Domestic, irrigation, industrial, and augmentation; Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use: In addition to making releases from the Meridian Lake Park Reservoir as directed by the Division Engineer, Applicant has incurred $305,564 in expenses associated with monitoring and maintaining the dam since the last diligence decree for this water right; If request to make absolute: Applicant has impounded the full 110 a.f. decreed conditionally to the Meridian Lake Park Reservoir for domestic, irrigation, industrial, and augmentation uses and, as such, requests that the full 110 a.f. conditional water storage right described in paragraph three, above, be made absolute. (4 pages). GUNNISON COUNTY.

CASE NO. 2014CW3112. MESA COUNTY, John Hendricks c/o Mark E. Hamilton, Esq., William H. Caile, Esq., Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, CO, 81611-1991, (970) 925-3476, [email protected], [email protected]. Application for Conditional Underground Water Right. Name of Structure: Roc Creek Ranch Well Field. Legal Description: Portions of the NE 1/4 of the NW 1/4, and the NE 1/4 of Section 4, Township 48 North, Range 18 West, N.M.P.M., and portions of the NW 1/4 of the NW 1/4, the NE 1/4 of the NW 1/4, the NW 1/4 of the NE 1/4, and the NE 1/4 of the NE 1/4 of Section 3, Township 48 North, Range 18 West, N.M.P.M. The approximate location of the Roc Creek Ranch Well Field is depicted on the map attached to the Application as Exhibit A and on file with the Court. Amount: 0.12 cfs (54.75 gpm), CONDITIONAL, limited to an annual volume of 23 acre feet. Uses: Commercial, domestic and irrigation. The place of use, including irrigation use, will be Applicant’s Roc Creek Ranch property. See Exhibit A. Approximately 5 acres of lawn and gardens may be irrigated. Appropriation: Appropriation date: December 31, 2014. How appropriation was initiated: Engineering analysis, water supply planning, and acts sufficient to put interested parties on notice of the appropriation, including without limitation the filing of this application. Date water applied to beneficial use: N/A Source: Groundwater tributary to Dolores River Depth of well(s): N/A Well permit No.: N/A Name and Address of Landowner: Applicant (see above). MESA COUNTY.

CASE NO. 2014CW3113. Gunnison County - East River; Mt. Crested Butte Water and Sanitation District; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; Application for Surface Water Right; Name, mailing address, and telephone number of applicant: Mt. Crested Butte Water and Sanitation District, a Colorado special district; PO Box 5470; Mt. Crested Butte, CO 81225; 970-349-7575; Introduction: Applicant presently owns two water rights originally decreed to the Malensek Ditch No. 5. First, Applicant owns the Malensek Ditch No. 5 water right, which was decreed in Case No. CA5590. Through a series of cases culminating in Case Nos. 87CW303 and 88CW148, 3.5 c.f.s. of that water right was transferred to the East River Pump Station and the remaining 4.5 c.f.s. was abandoned. Second, Applicant owns the Malensek Ditch No. 5, First Enlargement, which was decreed conditionally in Case No. 87CW306 as a filling source for the North Village Reservoir. This Application requests a new junior water right from the Malensek Ditch No. 5 for delivery by gravity flow to Applicant’s water treatment system. Applicant acknowledges that the Colorado Water Conservation Board holds instream flow rights in the East River which are senior to the junior water right requested in this case, and further that such junior right must be curtailed when the CWCB places a senior downstream call based on those instream flow rights. Name of structure: Malensek Ditch No. 5, Second Enlargement; Legal description of point of diversion: The headgate for the Malensek Ditch No. 5 Second Enlargement (which is the same as the headgate for the original Malensek No. 5 Ditch water right, as well as the Malensek No. 5 Ditch, First Enlargement) is located in the SE/4 NE/4 of Section 14, Township 13 South, Range 86 West, 6th P.M., at a point 2,475 feet from the north section line and 490 feet from the east section line; Source: Surface flows tributary to the East River, tributary to the Gunnison River; Information regarding appropriation: Appropriation date: August 14, 1996; How appropriation was initiated: By diverting water through the original Malensek No. 5 Ditch headgate and delivering that water to Applicant’s presedimentation pond and treatment plant; Date water applied to beneficial use: August 14, 1996; Amount claimed: 1.6 c.f.s., absolute, 0.4 c.f.s. conditional, for a total of 2.0 c.f.s.; Use: Municipal, domestic, lawn irrigation, commercial, industrial, and fire protection, all absolute. Snowmaking, conditional. (3 pages). GUNNISON COUNTY.

CASE NO. 2014CW3114 CASE REJECTED – CASE NUMBER NOT USED

CASE NO. 2014CW3115 (REF NO. 07CW153, 98CW120). Hinsdale County, Lake Fork of the Gunnison, Water District No. 4, Applicant: Jeff Jones, c/o Law of the Rockies, 525 North Main Street, Gunnison, Colorado 81230, (970) 641-1903; Type of Application: Application for Finding of Reasonable Diligence; Name of Structure: Alpine Pipeline No. 2. Location: A point in the NESWSW of Section 20, T43N, R4W of the N.M.P.M., 1250 feet from the west section line and 1200 feet from the south section line. : An unnamed tributary to Red Mountain Gulch, tributary to the Lake Fork of the Gunnison River. Quantity: 0.15 c.f.s. Appropriation date: June 15, 1998. Use: Domestic, firefighting and irrigation of up to 1.0 acres of land. Type of Structure: pipeline. Name of Structure: Snowslide Ditch. Location: A point in the SWSESW of Section 20, T43N, R4W of the N.M.P.M., 1350 feet from the west section line and 200 feet from the south section line. Drainage Basin: An unnamed tributary to Red Mountain Gulch, tributary to the Lake Fork of the Gunnison River. Quantity: 1.0 c.f.s. Appropriation date: June 15, 1998. Use: Irrigation and to fill and refill the Snowslide Pond for irrigation of up to 20 acres, stock water, fire protection, piscatorial and wildlife purposes. Type of Structure: ditch. Name of Structure: Snowslide Pond. Location: The dam outlet points is at a point in the SWSESW of Section 20, T43N, R4W of the N.M.P.M., 1500 feet from the west section line and 250 feet from the south section line in Section 20. The Snowslide Pond will fill from the Snowslide Ditch the point of diversion of which is a point in the SWSESW of Section 20, T43N, R4W of the N.M.P.M., 1350 feet from the west section line and 200 feet from the south section line in section 20. Drainage Basin: An unnamed tributary to Red Mountain Gulch, tributary to the Lake Fork of the Gunnison River. Quantity: 1.5 acre feet. Appropriation date: June 15, 1998. Use: Irrigation of up to 20 acres, stock watering, protection, piscatorial and wildlife purposes. Type of Structure: pond. The Application contains a list of activities undertaken by the Applicant towards the application of these rights to their decreed beneficial use. HINSDALE COUNTY.

CASE NO. 2014CW3116 (Ref. No. CA 2710, W-309, W-573, W-573(74)) APPLICATION TO MAKE ABSOLUTE. 1. Name, mailing address, email address and telephone number of Applicant: Chalet Hayden Community Facilities Corporation, c/o Jeremy M. Hellman, PO Box 813, Ouray, CO 81427, with all pleadings and correspondence to Andrew A. Mueller, Hockersmith & Mueller, P.C., P.O. Box 646, 645 Second Street, Ouray, CO 81427-0646, [email protected], 970-325-4414. Name of structure: Chalet Hayden Pipeline Headgate No. 1 Type of Source: Spring. Describe conditional water right (as to each structure) including the following information from previous decree: A. Date of Original Decrees: September 16, 1971, Case No. CA 2710, Court: Division 4 Water Court; October 18, 1971, Case No. W-309, Court: Division 4 Water Court; B. List all subsequent decrees awarding findings of diligence: Date of Decree: October 17, 1972, Case No. W -573, Court: Division 4 Water Court; October 10, 1974, Case No. W573(74), Court: Division 4 Water Court; C. Legal description: See maps attached to said application as Exhibit A-1 and A-2 which are on file with the Court. Headgate No. 1 is located at said spring, tributary to Lewis Creek, at a point whence the Southeast Corner of Section 36, Township 44 North, Range 8 West, N.M.P.M. bears North 28º55’ East 8197 feet. Found by Applicant’s expert to be located at: (Garmin GPS map 76CS, Zone 13, NAD 83, points were averaged): Easting: 0263613; Northing: 4208602; D. Source of water: Spring tributary to Lewis Creek which is Tributary to Canyon Creek which is tributary to the Uncompahgre River; E. Appropriation Date: June 10, 1969 Amount: .50 cfs; F. Use: Domestic; G. Depth: (if well) N/A 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The spring collection and diversion structure has been installed and the pipeline system and splitter has been installed so that water is delivered to all units in the Chalet Hayden subdivisions, 15 units. Homes have been built upon many of the units and the water has been put to use for domestic purposes. 5. If claim to make absolute in whole or in part: A. Date water applied to beneficial use: 1972 Amount: .50 c.f.s. Use: domestic. Background Information: In Case Number, CA 2710, the Sixth General Adjudication for Water District 68, on September 16, 1971, the Water Court issued a decree granting an absolute right for irrigation with .5 c.f.s. to Applicant’s predecessor in title to Headgate No. 1. At the same time, the Court granted Applicant’s predecessor a conditional right for .5 c.f.s. for domestic purposes. On October 17, 1972, in Case No. W-573, the Court continued the conditional status of Headgate No. 1. In W-573(74), on October 10, 1974, the Court recited the conditional and interdependent nature of Chalet Hayden Pipeline Headgates No. 1, 2 and 3 and found that, “the water being developed under the above decrees is to serve a land development of approximately 100 acres and it is stated that from and after May 1972, all the primary lines for the entire domestic water system for and said development have been completed and installed and secondary lines have been laid to serve 30 lots of which 8 have been sold and 2 of said 8 are actually applying water to a beneficial use for domestic purposes.” The Court went on to grant an absolute right for the Chalet Hayden Pipeline Headgate No. 3 but the decree was silent as to the conditional or absolute nature of Headgate No. 1. The State Engineer’s tabulation still lists Chalet Hayden Pipeline Headgate No. 1 as conditional. Applicant is currently applying to this Court to clarify that Headgate No. 1 is an absolute right. All Structures are located on Applicant’s Property. OURAY COUNTY.

CASE NO. 2014CW3117 (Ref. No. CA 2710, W-309, W-573, W-573(74)) APPLICATION FOR APPROVAL OF PLAN OF EXCHANGE. 1. Name, mailing address, email address and telephone number of Applicant: Chalet Hayden Community Facilities Corporation, c/o Jeremy M. Hellman, PO Box 813, Ouray, CO 81427, with all pleadings and correspondence to Andrew A. Mueller, Hockersmith & Mueller, P.C., P.O. Box 646, 645 Second Street, Ouray, CO 81427-0646, [email protected], 970-325- 4414. 1. Information for relevant structures: a. Chalet Hayden Pipeline Headgate No. 1: i. Former Decrees: 1. September 16, 1971, Case No. CA 2710, Court: Division 4 Water Court; 2. October 18, 1971, Case No. W-309, Court: Division 4 Water Court; 3. October 17, 1972, Case No. W -573, Court: Division 4 Water Court; 4. October 10, 1974, Case No. W573(74), Court: Division 4 Water Court; ii. Legal Description for Point of Diversion: Headgate No. 1 is located at said spring, tributary to Lewis Creek, at a point whence the Southeast Corner of Section 36, Township 44 North, Range 8 West, N.M.P.M. bears North 28º55’ East 8197 feet. (Source of location: Decree in CA 2710). Found by Applicant’s expert to be located: (Garmin GPS map 76CS, Zone 13, NAD 83, points were averaged): Easting: 0263613; Northing: 4208602; iii. Amount and beneficial use decreed: .5 c.f.s. Domestic Conditional; iv. Date of Appropriation: June 10, 1969; v. Year of original Adjudication: 1969; b. Chalet Hayden Pipeline Headgate No. 3: i. Former Decrees: 1. October 18, 1971, Case No. W-309, Court: Division 4 Water Court; ii. October 17, 1972, Case No. W-573, Court: Division 4 Water Court; October 10, 1974, Case No. W573(74), Court: Division 4 Water Court; ii. Legal Description for Point of Diversion: Headgate No. 3 is located at a point whence the Corner No. 1 of Tract 39, Section 12, Township 43 North, Range 8 West, N.M.P.M. bears North 4º35’ East 957.3 feet. (Taken from decree in W-309). Found by Applicant’s expert to be located: (Garmin GPS map 76CS, Zone 13, NAD 83, points were averaged): Easting: 0263695; Northing: 4209525; iii. Amount and beneficial use decreed: .037c.f.s. Domestic Absolute (developed water); iv. Date of Appropriation: May 7, 1971; v. Year of original Adjudication: 1971. 2. Background Information: In Case Number, CA 2710, the Sixth General Adjudication for Water District 68, on September 16, 1971, the Water Court issued a decree granting an absolute right for irrigation with .5 c.f.s. to Applicant’s predecessor in title to Headgate No. 1. At the same time, the Court granted Applicant’s predecessor a conditional right for .5 c.f.s. for domestic purposes. On October 17, 1972, in Case No. W-573, the Court continued the conditional status of Headgate No. 1. In W-573(74), on October 10, 1974, the Court recited the conditional and interdependent nature of Chalet Hayden Pipeline Headgates No. 1, 2 and 3 and found that, “the water being developed under the above decrees is to serve a land development of approximately 100 acres and it is stated that from and after May 1972, all the primary lines for the entire domestic water system for and said development have been completed and installed and secondary lines have been laid to serve 30 lots of which 8 have been sold and 2 of said 8 are actually applying water to a beneficial use for domestic purposes.” The Court went on to grant an absolute right for the Chalet Hayden Pipeline Headgate No. 3 but the decree was silent as to the conditional or absolute nature of Headgate No. 1. The State Engineer’s tabulation still lists Chalet Hayden Pipeline Headgate No. 1 as conditional. Applicant is currently applying to this Court to clarify that Headgate No. 1 is an absolute right (See, Section I above). In reality, the water for the Applicant’s delivery system is collected and distributed from Chalet Hayden Pipeline Headgate No. 1, not Headgate No. 3. The Chalet Hayden Pipeline Headgate No. 1 .50 c.f.s. domestic conditional right has an adjudication date of September of 1971 and an appropriation date of June 10, 1969. The Chalet Hayden Pipeline Headgate No. 3, .037 c.f.s. domestic right has an adjudication date of December 31, 1971 and an appropriation date of May 7, 1971. The .037 c.f.s. right in the Headgate No. 3 was found to be developed or non-tributary water, it is not subject to call in the Uncompahgre or Gunnison basins. See, Decree in W-309. Headgate No. 1 is naturally tributary to Lewis Creek which is tributary to Canyon Creek. The developed flow from Headgate No. 3 flows into to Canyon Creek approximately 3,500 feet downstream from the confluence of Lewis Creek and Canyon Creek. There are no known intervening water right owners between Lewis Creek and the point of discharge from Headgate 3 into Canyon Creek. Therefore, Applicant, during times of call on the Uncompahgre River, through the continued operation of its domestic water system and the continuous release of a minimum of 1 gpm from Headgate No. 3 into Canyon Creek, has, since the inception of the domestic water system, been exchanging the non-tributary water from Headgate No. 3 upstream with tributary water from Headgate No.1. 3. Plan of Exchange: Pursuant to CRS 37-82-106 (1), Applicant, as owner of developed or imported water, provides the following plan of exchange for review and approval by this Court: Applicant’s in-home diversion rate at full subdivision build out is approximately 2.92 gpm, 4,200 gpd or approximately .40 acre feet per month with an annual average diversion of 4.70 acre feet. See Table 1 on file with the Court. The average daily consumptive use at full build out is approximately 0.292 gpm, 420 gpd or .04 acre feet per month with an annual average consumptive use of .47 acre feet. Currently, and historically, the Applicant has used Headgate No. 1 as its supply of water. Applicant has, through exchange, caused a continual release of a minimum of 1 gpm from Headgate No. 3 into Canyon Creek. The release of 1 gpm more than replaces what would otherwise be out of priority depletions and any transit loss in the system caused by this exchange. Applicant causes this release on a year round basis which more than covers the out of priority use of water from Headgate No. 1 during times of call on the Uncompahgre River. Applicant will continue to engage in this exchange in perpetuity pursuant to this plan. 9. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Headgate No. 3 is located on real property managed by: United States Forest Service, Tammy Randall Parker, Ouray District Ranger, GMUG Forest, 2505 South Townsend, Montrose, CO 81401. Headgate No. 1 is located on Applicant’s Property. OURAY COUNTY.

CASE NO. 2014CW3118. 2014CW3118, Sharon H. Tamminga, 11264 Hilltop Road, Parker, CO 80134 (Attorney for Applicant: Roland Tamminga, P.O. Box 2038, Parker, CO 80134), APPLICATION FOR CONDITIONAL WATER RIGHTS TO (1) Haven House Pond Spring, (2) Tamminga Spring and Pipeline, and (3) Haven House Pond. Application pertains to applicant’s approximately 30 Acres of land located at 63196 Oak Grove Road, Montrose, CO 81403. Name and Location of Structures (all in Zone 13): (1) Haven House Pond Spring (NW ¼ of the SW ¼ of Section 32, Township 49N, Range 9W, Principle Meridian NM); Northing 4261355 Easting 246132 (SW ¼ of the SW ¼ of Section 32, Township 49N, Range 9W, Principle Meridian NM); 1500 Feet from the S and 700 feet from the West of the section lines; (2) Tamminga Spring and Pipeline Northing 4261000 Easting 246076 380 feet from the S and 550 feet from the West of the section lines; and (3) Haven House Pond Center of Dam Northing 4261330 Easting 246190 ((NW ¼ of the SW ¼ of Section 32, Township 49N, Range 9W, Principle Meridian NM) 1475 feet from the south and 900 feet from the W of the Section lines. Source of Water Rights: SPRING SURFACE FLOW TRIBUTARY TO HORSEFLY CREEK, TRIBUTARY TO UNCOMPAHGRE RIVER, Montrose County, Proposed Use: Irrigation and livestock watering, and storage for about 20 of the 30 acres which constitutes applicant’s property located at 63196 Oak Grove Road, Montrose, CO 81403 Estimated Amounts: Haven House Spring conditional 0.25 cubic feet per second; Tamminga Spring and Pipeline conditional 0.25 cubic feet per second; Haven House Pond conditional 2.5 acre feet. Appropriation Dates: circa 1992. Comments: Existing Haven House Pond is approximately 200 feet in diameter with a maximum depth of 10 feet deep (or less), and the maximum storage is estimated at 2.5 acre fee. Haven House Pond is historically filled by the Haven House Spring and historic use was livestock watering and an unknown amount of irrigation. Applicant wishes to develop the Tamminga Spring and Pipeline for deliver to the Haven House Pond and dry up and stabilize the residential driveway and hillside. MONTROSE COUNTY.

AMENDED/CORRECTED

CASE NO. 2013CW95. Hathaway Ranch Properties, LLC, P.O. Box 621128, Littleton, CO 80162, Email: [email protected], Phone: 303-886-9548. (Steven P. Jeffers and Elizabeth M. Joyce, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978, Longmont, CO 80502-0978, [email protected], (303) 776- 9900) SECOND AMENDED APPLICATION FOR SIMPLE CHANGE IN SURFACE POINT OF DIVERSION PURSUANT TO § 37-92-305(3.5), C.R.S. IN SAGUACHE COUNTY. 2. Background of application. The original application was filed on November 7, 2013, requesting a simple change in surface point of diversion for 11 ditches used for irrigation on Applicant’s property. A replacement Application was filed on December 16, 2013, which was published in the resume. An amended application was filed on February 18, 2014, correcting the current location of two head gates, and adding one more water right and point of diversion to be changed. Applicant intended by this application to obtain a decree changing the decreed locations to reflect the current locations of the 12 head gates. This change was necessitated by a resurvey of the area many years ago that changed the location of the section lines. After filing the application, Applicant inspected the property and all structures with the water commissioner and all head gate locations were accurately determined based on that field inspection, GPS readings, and AquaMap calculations. Several of the descriptions remain substantially unchanged from the earlier application. Several others were revised more than 200 feet from the prior described locations in the application. None of the actual locations of the structures have changed. 3. Decreed names of structures for which changes are sought: This second amended application is filed to change the legal description for the head gate locations for the Charles W. Hack No. 1 Ditch, Charles W. Hack No. 2 Ditch, Dome Ditch, Dome Creek Ditch No. 3, Funk Ditch, Funk Ditch No. 1, Funk Ditch No. 5, Funks Flood Water Ditch, Funk Waste Water Ditch, Richardson No. 2 Ditch, Spring Ditch, and Locket Ditch No. 1. 4. Previous decrees for water rights to be changed: The water rights were decreed in Case Nos. CA1266 and CA1602 as described in the original application. There are no other water rights included in this second amended application. The second amended application provides revised legal descriptions for the current head gate locations based on the recent field inspection. The Applicant does not request a change in place of use, or type of use, or determination of historic use of the water rights. 5. Corrected locations of the head gates: A map showing the location of Applicant’s property and the general place of use, and all head gates included in this case is attached as EXHIBIT A. The place of use is on Applicant’s property located generally in portions of the SW ¼ of Section 3, and Sections 10, 11, and 12, Township 46 North, Range 2 East, and portions of the W½ of Section 7 and North ½ of Section 18, Township 46 North, Range 3 East, NMPM. All structures are located in Saguache County, as follows: 5.1. The Charles W. Hack No. 1 Ditch head gate is located in the Southwest Quarter of the Northeast Quarter of the Northwest Quarter (SW¼NE¼NW¼) of Section 11, Township 46 North, Range 2 East, NMPM, 1,222 feet south of the North line and 1,470 feet east of the West line of Section 11. The UTM description is Zone 13, NAD83, Easting 349297 meters, Northing 4236570 meters. 5.2. The Charles W. Hack No. 2 Ditch head gate is located in the Southwest Quarter of the Northwest Quarter of the Northwest Quarter (SW¼NW¼NW¼) of Section 11, Township 46 North, Range 2 East, NMPM, 833 feet south of the North line and 369 feet east of the West line of Section 11. The UTM description is Zone 13, NAD83, Easting 348966 meters, Northing 4236711 meters. 5.3. The Dome Ditch head gate is in the Southwest Quarter of the Southeast Quarter of the Northwest Quarter (SW¼SE¼NW¼) of Section 7, Township 46 North, Range 3 East, NMPM, 2,079 feet south of the North line, and 1,538 feet east of the West line of Section 11. The UTM description is Zone 13, NAD83, Easting 352443 meters, Northing 4236108 meters. 5.4. The Dome Creek Ditch No. 3 headgate is located in the Northwest Quarter of the Southeast Quarter of the Southwest Quarter (NW¼SE¼SW¼) of Section 6, Township 46 North, Range 3 East, NMPM, 981 feet north of the South line and 1,398 feet east of the West line of Section 6. The UTM description is Zone 13, NAD83, Easting 352417 meters, Northing 4237041 meters. 5.5. The Funk Ditch head gate is located in the Northeast Quarter of the Southeast Quarter of the Northwest Quarter (NW¼SE¼NW¼) of Section 18, Township 46 North, Range 3 East, NMPM, 1,683 feet south of the North line and 2,355 feet east of the West line of Section 18. The UTM description is Zone 13, NAD83,, Easting 352656 meters, Northing 4234633 meters. 5.6. The Funk Ditch No. 1 head gate is located in the Southeast Quarter of the Northeast Quarter of the Southeast Quarter (SE¼NE¼SE¼) of Section 11, Township 46 North, Range 2 East, NMPM, 1,934 feet north of the South line and 28 feet west of the East line of Section 11. The UTM description is Zone 13, NAD83, Easting 350409 meters, Northing 4235889 meters. 5.7. The Funk Ditch No. 5 head gate is in the Southeast Quarter of the Northeast Quarter of the Northwest Quarter (SE¼NE¼NW¼) of Section 11, Township 46 North, Range 2 East, NMPM, 1,182 feet south of the North line and 2,362 feet east of the West line of Section 11. The UTM description is Zone 13, NAD83, Easting 349569 meters, northing 4236564 meters. 5.8. The Funks Flood Water Ditch head gate is located in the Southeast Quarter of the Northeast Quarter of the Northeast Quarter (SE¼NE¼NE¼) of Section 18, Township 46 North, Range 3 East, NMPM, 1,224 feet south of the North line and 314 feet west of the East line of Section 18. The UTM description is Zone 13, NAD83, Easting 353495 meters, Northing 4234749 meters. 5.9. The Funk Waste Water Ditch head gate is located in the Northwest Quarter of the Southeast Quarter of the Southeast Quarter (NW¼SE¼SE¼) of Section 12, Township 46 North, Range 2 East, NMPM, 721 feet north of the South line and 1,090 feet west of the East line of Section 12. The UTM description is Zone 13, NAD83, Easting 351637 meters, Northing 4235418 meters. 5.10. The Richardson No. 2 Ditch head gate is located in the Southeast Quarter of the Southeast Quarter of the Southwest Quarter (SE¼SE¼SW¼) of Section 3, Township 46 North, Range 2 East, NMPM, 332 feet north of the South line and 2,512 feet east of the West line of Section 3. The UTM description is Zone 13, NAD83, Easting 348038 meters, Northing 4237127 meters. 5.11. The Spring Ditch head gate is in the Southwest Quarter of the Southeast Quarter of the Southeast Quarter (SW¼SE¼SE¼) of Section 12, Township 46 North, Range 2 East, NMPM, 552 feet north of the South line and 1,154 feet west of the East line of Section 12. The UTM description is Zone 13, NAD83, Easting 351617 meters, Northing 4235368 meters. 5.12. The Lockett Ditch head gate is in the Southwest Quarter of the Southeast Quarter of the Southwest Quarter (SW¼SE¼SW¼) of Section 3, Township 46 North, Range 2 East, NMPM, Saguache County, Colorado being 598 feet north of the South line, and 1,148 feet east of the West line of said Section 3. The UTM coordinates are Zone 13, NAD83, Easting 347727 meters, Northing 4237227 meters. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed. Structures Charles W. Hack No. 2 Ditch, Charles W. Hack No. 1 Ditch, Funk Ditch No. 1, Spring Ditch, Funk Waste Water Ditch, Richardson No. 2 Ditch, Funk Ditch, Funk Ditch No. 5, and Locket Ditch No. 1 are on land owned by the Applicant. Structures Dome Ditch, Dome Creek No. 3 Ditch, and Funk Flood Water Ditch are on land owned by the USDA Forest Service, Attn: Catherine Mask, Lands, Roads and Minerals Staff Officer, , Uncompahgre and Gunnison National Forests, Gunnison Ranger District, 216 N. Colorado St., Gunnison, CO 81230. SAGUACHE COUNTY.

CASE NO. 2014CW3031 (REF NO. 07 CW 156). AMENDED APPLICATION to MAKE PORTION OF CONDITIONAL DECREE ABSOLUTE and FOR FINDING OF DILIGENCE. Applicant: Second Chance Humane Society Inc., fka Animal Humane Society of Ouray County, Inc.), c/o Robert J. Thomas, Cashen, Cheney & Thomas, P.O. Box 387, Montrose, CO 81402, Telephone: 970.249.6611 (Prior owner was Angel Ridge Ranch, LLC). Name of Structures: Angel Ridge Ranch Lower Pond (“Lower Pond”), Angel Ridge Ranch Upper Pond (“Upper Pond”), and Angel Ridge Dry Creek Pump No. 1 and Pipeline (“Pump/Pipeline”); Legal Descriptions : all three structures are located in the NE1/4SE1/4SE1/4 of Section 4, Township 45 North, Range 8 West, NMPM, Ouray County, Colorado, more specifically described as follows: the Lower Pond is 809 ft N of S line and 143 ft W of E line of said section 4, the Upper Pond is 772 ft N of S line and 494 ft W of E line of said section 4, and the Pump/Pipeline is 809 ft N of S line and 143 ft W of E line of said section 4; Source: Uncompahgre River and its tributaries (Dry Creek). Conditional appropriation date: 10/22/2007. Amount conditionally decreed: .65 AF to the Lower Pond, 4.67 AF to the Upper Pond, and 1.0 cfs to the Pump/Pipeline; Conditionally decreed Uses: irrigation of 40 acres (for all three structures) and stockwater as an additional use of the Pump/Pipeline; The Application on file with the Water Court contains an outline of the work performed during the diligence period. The Amended Application seeks an absolute decree for .65 AF for irrigation purposes in the Lower Pond and 4.67 AF for irrigation purposes in the Upper Pond, and a finding of diligence as to 1.0 cfs decreed to the Pump/Pipeline, for irrigation and stockwater uses. OURAY COUNTY.

CASE NO. 2014CW3073. AMENDED APPLICATION FOR WATER RIGHTS AND WATER STORAGE RIGHTS, in San Miguel County. A. Applicant: Peter Pitts, P.O. Box 564, Telluride, Colorado 81435; c/o Jennifer Russell, Russell & Pieterse, LLC, P.O. Box 2673, Telluride, Colorado 81435, (970) 239-1972. B. Application for Water Right to East Sunshine Spring No. 2. Name of structure: East Sunshine Spring No. 2. Legal Description of Point of Diversion: Required SE1/4 NW1/4 Section Township Range Principal Description: 13 42N 10W Meridian San Miguel County N.M.P.M.

Distance from section lines: 3765 feet from the east section line and 3850 feet from the south section line East Sunshine Spring No. 2 is located at an elevation of 9182 feet at a point 37° 54′ 25.1″ N 107° 55′ 27.5″ W. Source: Water tributary to the South Fork of the San Miguel River. Date of Appropriation: October 16, 2014 by filing of the original application with the water court. Amount: 35 gpm (.078 c.f.s.), absolute. Beneficial Uses: Wildlife and fire protection. C. Application for Water Right to East Sunshine Spring No. 3. Name of structure: East Sunshine Spring No. 3. Legal Description of Point of Diversion: Required SE1/4 NW1/4 Sectio Township Range Principal Description: n 42N 10W Meridian San Miguel County 13 N.M.P.M.

Distance from section lines: 3750 feet from the east section line and 3600 feet from the south section line East Sunshine Spring No. 3 is located at an elevation of 9342 feet at a point 37° 54′ 15.4″ N 107° 55′ 31″ W. Source: Water tributary to the South Fork of the San Miguel River. Date of Appropriation: October 16, 2014 by filing of the original application with the water court. Amount: 1 gpm (.0022 c.f.s.), absolute. Beneficial Uses: Wildlife and fire protection. D. Application for Water Right to East Sunshine Spring and Pond No. 4. Name of structures: East Sunshine Spring No. 4 and Pond. Legal Description of Point of Diversion: Required SE1/4 SW1/4 Section Township Range Principal Description: 13 42N 10W Meridian San Miguel County N.M.P.M.

Distance from section lines: 3220 feet from the east section line and 1300 feet from the south section line East Sunshine Spring No. 4 and Pond are located at an elevation of 9471 feet at a point 37° 53′ 50.7″ N 107° 55′ 23.7″ W. Source: Water tributary to the South Fork of the San Miguel River. Date of Appropriation: October 16, 2014 by filing of the original application with the water court. Amount: Spring: 20 gpm (.0446 c.f.s.), absolute. Pond: 1.5 acre-feet, absolute. The pond has a total surface of approximately 200 feet and is 40 feet in diameter. The depth is approximately 8 feet. Beneficial Uses: Wildlife and fire protection. The East Sunshine Spring No. 4 is used directly for these beneficial uses and also is used to fill the East Sunshine Spring Pond, which also is used for wildlife and fire protection purposes. E. Application for Water Right to East Sunshine Spring No. 5. Name of structure: East Sunshine Spring No. 5. Legal Description of Point of Diversion: Required SE1/4 SW1/4 Sectio Township Range Principal Description: n 42N 10W Meridian San Miguel 13 N.M.P.M. County

Distance from section lines: 3350 feet from the east section line and 950 feet from the south section line East Sunshine Spring No. 5 is located at an elevation of 9496 feet at a point 37° 53′ 48″ N 107° 55′ 28″ W. Source: Water tributary to the South Fork of the San Miguel River. Date of Appropriation: October 16, 2014 by filing of the original application with the water court. Amount: 20 gpm (.0446 c.f.s.), absolute. Beneficial Uses: Wildlife and fire protection. F. Application for Water Storage Right to East Sunshine Pond No. 2. Name of structure: East Sunshine Pond No. 2. Legal Description of Point of Diversion Required SE1/4 SW1/4 Sectio Township Range Principal Description: n 42N 10W Meridian San Miguel 13 N.M.P.M. County

Distance from section lines: 3850 feet from the east section line and 400 feet from the south section line East Sunshine Pond No. 2 is located at an elevation of 9520 feet at a point 37° 53′ 44.3″ N 107° 55′ 32.3″ W. Source: Water tributary to the South Fork of the San Miguel River. Date of Appropriation: October 16, 2014 by filing of the original application with the water court. Amount: 1.10 acre-feet, absolute. The pond has a total surface of approximately 150 feet and is 30 feet in diameter. The depth is approximately 10 feet. Beneficial Uses: Wildlife and fire protection. General Remarks: The water rights have all been placed to their decreed beneficial use of wildlife water and are used regularly by wildlife. A map of the location of the structures is attached to the application. SAN MIGUEL COUNTY.

YOU ARE FURTHER NOTIFIED THAT you have until the last day of February, 2015 to file with the Water Clerk, in duplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401