PURSUANT TO C.R.S., §37-92-302 , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2000.

1. 00CW138 1. Grand County Water & Sanitation District No. 1, c/o Bruce Hutchins, P.O. Box 3077, Winter Park, CO 80482, (970)726-5583. 2. Stanley W. Cazier, Baker, Cazier and McGowan, P.O. Box 500, Granby, CO, 80446, (970)887-3376. 3. Grand County Water and Sanitation District No. 1 Reservoir. 4. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 5. . 6. Location: NE1/4SW1/4 of Section 28, T1S, R75W of the 6th P.M. The initial point of survey is located at a point on the North line of said NE1/4SW1/4, 200 feet East of the Northwest corner of said NE1/4SW1/4. 7. Domestic and municipal. 8. Reservoir. 9. 8 acre-feet. 10. The Reservoir is constructed, but the Districts has not applied the water to beneficial use. Additionally, the Applicant has engaged in those activities described on attached Exhibit A in pursuing putting this water right to beneficial use. 11. The application contains a detailed outline of the work performed during the diligence period. (4 pages)

2. 00CW139 GARFIELD COUNTY – THREE MILE CREEK, . Anthony and Sandra Threinen; P.O. Box 1213; Eagle, CO 81631 970-328-6885. Sue’s Spring – Application for Water Rights (Surface). Location: the point of diversion is located in the SE¼SW¼ Sec. 20, T. 6 S., R. 89 W., 6th P.M. approximately 441 feet from the south line and 2,256 feet from the west line of Sec. 20. Appropriation: July 20, 1999. Amount: 0.5 cfs, conditional. Use: wildlife watering. (2 pages + map)

3. 00CW140 (94CW054) MESA COUNTY – RIVER. Westec Fruita, Inc. (Westcourt Group, Inc.); c/o Chris Clark, Environmental Manager; 1131 North 21st Street; Grand Junction, CO 81501 970-248-0010 ext. 310. American Gilsonite Intake Canal and Pumping Station – Application for Finding of Reasonable Diligence. Decreed: April 13, 1972, CA 13368. Location: the point of diversion, as decreed in CA 13368, is located on the right bank of the , at a point whence the Southeast corner of Sec. 11, T. 1 N., R. 3 W., Ute meridian, bears South 21.5 feet East 860.0. Appropriation: November 15, 1955. Amount: 5.1 cfs, absolute and 4.9 cfs, conditional. Use: industrial and fire protection. The application contains a detailed outline of the work performed during the diligence period. (3 pages)

4. 00CW141 MESA COUNTY – BIG CREEK, PLATEAU CREEK, COLORADO RIVER. Cynthia H. Crandell; P.O. Box 662; Glenwood Springs, CO 81602 970-945-6642. Red Barn Springs #1 and #2 – Application for Water Rights (Surface). Location: Spring #1 – beginning at the center quarter corner of Sec. 4, T. 10 S., R. 95 W., 6th P.M., whence the west quarter corner of said Sec. 4 bears South 88º23’44” west a distance of 2609.30 feet for a basis of bearings, with all bearings contained herein relative therto; thence South 45º30’48” West 610 feet to Spring 1, Spring #2 – beginning at the center quarter corner of Sec. 4, T. 10 S., R. 95 W., 6th P.M., whence the west quarter corner of said Sec. 4 bears South 88º23’44” a distance of 2609.39 feet for a basis of bearings with all bearings contained herein relative thereto, thence South 39º07’10” west 658 feet to Spring 2. Appropriation: May 16, 2000. Amount: 32 gpm (0.071 cfs), conditional. Use: domestic and irrigation. (4 pages)

5. 00CW142 RIO BLANCO COUNTY – HAY GULCH, WHITE RIVER. G. Louis Carner & Anita Maxson-Carner; 8110 Fire Thorn Drive; Loveland, CO 80538 970-663-6664 and LPR Construction Co.; 1171 Des Moines Ave.; Loveland, CO 80537 970-203-2563. Carner Spring #1 and Carner Spring #2 – Application for Water Rights (Surface). Location: Spring # 1 – SE¼ Sec. 36, T. 1 N., R. 96 W., 6th P.M. 1500 feet west of the east line and 550 feet north of the south line, Spring #2 – SE¼ Sec. 36, T. 1 N., R. 96 W., 6th P.M. 950 feet west of the east line and 1900 feet north of south line. Appropriation: August 11, 2000. Amount: 0.033 cfs for each spring, conditional. Use: residential, irrigation, livestock, wildlife and fire protection. (2 pages)

6. 00CW143 GARFIELD COUNTY, FOUR MILE CREEK AND AN UNNAMED TRIBUTARY TO FOUR MILE CREEK. Pitkin Iron Corporation, c/o Diane Delaney, P.O. Box 2115, Glenwood Springs, Colorado 81602 (970) 945-7148. Amended Application for Finding of Reasonable Diligence. Martin Reservoir, Martin Reservoir Alternate No. 1, Martin Reservoir Alternate No. 2, Martin Reservoir Alternate No. 3 and Martin Feeder Ditch Alternate No. 3. Decreed: April 9, 1966, Case No. 5884. Location: Martin Reservoir - the initial point of survey of the high water line is located at a point whence the witness corner for the West Quarter Corner of S. 31 Tp. 7 S., R. 89 W. of the 6th P.M. bears S. 89º28'45" W. 3,415.27 feet. Martin Reservoir Alternate No. 1 - the decreed point of diversion is in the SE¼NW¼ of Sec. 31, Tp. 7 S., R. 89 W. of the 6th P.M. at a point on the West abutment of the high water line, said point being 1,500 ft. East of the West line and 1,460 ft. South of the North line of said Section 31. Martin Reservoir Alternate No. 2 - is located in the SE¼NW¼ of Section 31, Tp. 7 S., R. 89 W. of the 6th P.M.; the point of intersection between the center line of the Dam and the West abutment is a point whence the Witness Corner to the West Quarter Corner of said Section 31 bears South 65º West 1,780 ft. Martin Reservoir Alternate No. 3 – is located in Lot 2 of Section 31, Township 7 South, Range 89 West of the 6th P.M., to a point on the centerline of the dam being more particularly described as beginning at the Government Land Office brass cap Witness Corner to the West Quarter Corner of said Section 31, thence on a bearing of North 65º06’43” East and a distance of 1,295.93 feet to a point more or less on the centerline of the dam and valve box for the outlet pipe. Martin Feeder Ditch Alternate No. 3 – is located in Section 31, Township 7 South, Range 89 West of the 6th P.M., at a point beginning at the Government Land Office brass cap Witness Corner to the West Quarter Corner of said Section 31 thence on a bearing of North 40º15’14” East and a distance of 1,970.86 feet to a point more or less on the centerline of the headgate structure. Appropriation all AUGUST 2000 RESUME WATER DIVISION 5 Page 2 structures: April 9, 1966. Amount: 282.67 af. Use: Irrigation, domestic and other beneficial purposes. The Application contains a detailed statement of work done towards diligence (5 pages)

7. 00CW144 GARFIELD COUNTY - Jonathan Grant Reservoir First Enlargement. Nancy Pitman c/o Scott Balcomb, PO Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546. Jonathan Grant Reservoir, First Enlargement - Application for Finding of Reasonable Diligence and for Construction of Decree. Decreed in 94CW40; Civil Action 1165 and W-1622. Located in the NE¼NW¼ of Section 23, Township 7 South, Range 93 West of the 6th P.M. at a point whence the North Quarter Corner of said Section 23 bears North 44º35' East 1714 feet. Appropriation Date: August 28, 1972. Amount: 61.60 Acre Feet. Use: Irrigation (4 pages)

8. 00CW145 GARFIELD COUNTY – EAST ELK CREEK, MAIN ELK CREEK, COLOARDO RIVER. Lynn E. Cass; 0644 Westbank Rd.; Glenwood Springs, CO 81601 970-984-0647. East Elk Creek Pump – Application for Water Rights (Surface). Location: NW¼SE¼ Sec. 13, T. 5 S., R. 91 W., 6th P.M. 930 feet from the northeast property line, 1,508 feet from east quarter corner of Sec. 13. Appropriation: August 18, 2000. Amount: 0.2 cfs, absolute. Use: irrigation of household lawn, landscaping and gardens (approximately 1.5 acres). (6 pages)

9. 00CW146 GUNNISON COUNTY – . Katherine E. Hull; 4700 CR 3; Marble, CO 81623 970-704- 2264. PH Spring – Application for Water Rights (Surface). Location: NE¼NW¼ Sec. 27, T. 11 S., R. 88 W., 6th P.M. 400 feet from the north Sec. line and 870 feet west of the N¼ Sec. of 27. Appropriation: July 31, 2000. Amount: 15 gpm (0.033 cfs), absolute. Use: fire protection, irrigation, stock and wildlife, aesthetic. (3 pages)

10. 00CW147 (Pitkin County, Roaring Fork River, Water District No. 38). Applicants: Calle Perfecto Business Park, LLC and Kevin Weeda, c/o Rhonda J. Bazil, BOYD & BAZIL, LLP, 632 E. Hopkins Avenue, Aspen, Colorado 81611, Telephone: 970-925-7171. Name of Structure: Salcott River Well. Type of Application: APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT AND FOR FINDING OF REASONABLE DILIGENCE. Basin: Roaring Fork River. Location: An infiltration gallery (well) situate 150 feet from the South Section line of Section 9 and 1310 feet from the West Section line of said Section (SW1/4SW1/4 of Section 9), Township 9 South, Range 85 West of the 6th P.M. Type of Use: domestic, stockwatering, fire protection, and for the irrigation of up to 10,000 square feet of lands. Type of Structure: Well. Quantity Total: 0.0446 c.f.s. (20 g.p.m.) of which 0.033 c.f.s. (15 g.p.m.) is absolute and 0.0116 c.f.s. 5 g.p.m. of which is conditional. Appropriation date: April 28, 1993. The application contains a detailed description of the activities performed during the diligence period. (4 pages)

11. 00CW148 89CW305 EAGLE COUNTY, Adam’s Rib Recreation Area, P.O. Box 659, Eagle, CO 81631 (970-328-2326). Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main St., Aspen, CO 81611 (970-925-3476) Frost Creek Ditch No. 2; APPLICATION FOR FINDING OF REASONABLE DILIGENCE; Date of Original Decree: 8/8/94; Case No.: 89CW305; The point of diversion of the Frost Creek Ditch No. 2 is in the SE¼NW¼ of Sec. 35, T. 5 S., 84 W. of the 6th P.M. at a point 1575 feet South of the North Section line and 2650 feet East from the West Section line of said Sec. 35; Source: Frost Creek, tributary to Brush Creek, tributary to the ; Appropriation Date: December 14, 1989; Amount: 1.0 c.f.s.; Use: The use of the water is the irrigation of forty (40) acres, domestic, recreation, fire protection, swimming pools and water recreational uses, snowmaking, industrial, livestock watering, commercial, emergency service uses, open space and park uses, street and driveway cleaning, dust suppression, construction, car and other vehicle washing, restaurant, cafe, and lounge uses, health club, sauna, jacuzzi, and spa uses, water fountains, school uses, day care uses, restroom uses, and such other beneficial uses that are attendant to the construction, operation, maintenance, replacement, and repair of a four season resort. Outline of what has been done over the past six years toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, is set forth in the application. (3 pages)

12. 00CW149 89CW306 EAGLE COUNTY, Adam’s Rib Recreation Area, P.O. Box 659, Eagle, CO 81631 (970-328-2326). Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main St., Aspen, CO 81611 (970-925-3476) Gray Rock Spring No. 1; APPLICATION FOR FINDING OF REASONABLE DILIGENCE; Date of Original Decree: 8/8/94; Case No.: 89CW306; Location: The point of diversion of the Gray Rock Spring No. 1, First Enlargement is in the NE3SE3 of Sec. 26, T. 5 S., 84 W. of the 6th P.M. at a point 200 feet from the East Section line and 1650 feet from the South Section line of said Sec. 26; Source: a spring tributary to Frost Creek, tributary to Brush Creek, tributary to the Eagle River; Appropriation Date: December 14, 1989; Amount: 0.067 c.f.s; Use: The use of the water is the irrigation of forty (40) acres, domestic, recreation, fire protection, swimming pools and water recreational uses, snowmaking, industrial, livestock watering, commercial, emergency service uses, open space and park uses, street and driveway cleaning, dust suppression, construction, car and other vehicle washing, restaurant, cafe, and lounge uses, health club, sauna, jacuzzi, and spa uses, water fountains, school uses, day care uses, restroom uses, and such other beneficial uses that are attendant to the construction, operation, maintenance, replacement, and repair of a four season resort. Outline of what has been done over the past six years toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, is set forth in the application. (3 pages) AUGUST 2000 RESUME WATER DIVISION 5 Page 3

13. 00CW150 MESA COUNTY – COON CREEK, PLATEAU CREEK, COLORADO RIVER. Lynda K. Walters; 405 Ridgeway Drive; Grand Junction, CO 81503 970-241-7749. Walters Microhydropower Diversio – Application for Water Rights (Surface). Location: The point of diversion is to be located in the SW¼NE¼ Sec. 15, T. 11 S., R. 96 W., 6th P.M. at a point on Coon Creek approximately 2,500 feet from the south sec. line and 2,200 feet from the east sec. line. The diversion will return to Coon Creek at a point approximately 2,750 feet from the south sec. line and 2,800 feet from the east sec. line or approximately 650 feet downstream from the point of diversion. Appropriation: August 27, 2000. Amount: 0.27 cfs, conditional. Use: non-consumptive hydropower. (3 pages)

14. 00CW151 EAGLE COUNTY, EAGLE RIVER. Mervyn Lapin, c/o Mark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601, 970-945-6067. Application for Finding of Reasonable Diligence. Name of structure: Wolcott Commercial Well. Orig. Decree: 93CW178, Water Div. No. 5, 08/08/94. Location: SE ¼ SE ¼ Sec. 15, T. 4 S., R. 83 W. of the 6th P.M., at a point 750 ft from the S. sec. line and 500 ft from the E. sec. line of said Sec. 15. Source: alluvial formation which is hydraulically connected to the Eagle and Colorado River systems. Approp. date: 10/22/92. Amount: 50 g.p.m. (0.11 c.f.s.), cond. Uses: industrial, commercial and irrigation. An outline of activity during the diligence period is included in the Application. (3 pages)

15. 00CW152 - GARFIELD COUNTY, GROUNDWATER TRIBUTARY TO THE COLORADO RIVER. Roaring Fork Resources, c/o Scott Balcomb, Esq. and Edward B. Olszewski, Esq., Balcomb & Green, P.C., Post Office Drawer 790, Glenwood Springs, CO, 81602, (970) 945-6546. Application for Underground Water Right (Gravel Pit) and Plan for Augmentation. Claim for Underground Water Right (Gravel Pit). Name of Well: West Rifle Gravel Pit. Legal Description of Structure: The West Rifle Gravel Pit is located in the Southwest ¼ , Section 18, Township 6 South, Range 93 West, 6th P.M. and in the Southeast ¼, Section 13, Township 6 South, Range 94 West, 6th P.M. The gravel pit can be described as being 1,212 feet from the South line and 48 feet from the East line of Section 13. Source: Shallow alluvial ground water tributary to the Colorado River. Depth: The gravel pit is approximately 20 feet deep. Date of appropriation: December 22, 1999. How appropriation was initiated: formation of intent to utilize existing gravel pits for long term recreation and piscatorial use and beginning of engineering study to augment depletions. Date water applied to beneficial use: N/A. Amount claimed: 0.44 cfs, 155.13 acre feet . Proposed uses: recreation and piscatorial. Claim for Approval of Plan for Augmentation. Name of structure to be augmented: West Rifle Gravel Pit Well. Are there other water rights diverted from the structure? No. Statement of Plan for Augmentation: This plan for augmentation augments evaporative depletions associated with the West Rifle Gravel Pit Well. The gravel pit will have 51.4 acres of exposed surface area. Total annual evaporation is 155.15 acre feet. Evaporative depletions will be augmented using historic consumptive use credits from the Campbell ditch and via a contract with the Colorado River Water Conservation District. Delayed depletions are addressed by Applicant. Previous decrees for water rights to be used for augmentation: Cambpell Ditch: Date entered: November 10, 1966; Case No.: C.A. 4914. The water right was later changed in Case No. W-2363; Court: District; Type of water right: Surface; Legal description of point of diversion: The Campbell Ditch is located on the Northerly bank of the Colorado River at a point whence the Northeast Corner of Section 18, T. 6 S., R. 93 W. of the 6th P.M., bears N. 06E 17' East 3,147.56 feet; Amount: 2.5 c.f.s.; Appropriation: September 15, 1934; Decree Use: Irrigation; Historic Use: Irrigation of 60 acres. Wolford Mountain Reservoir: Date entered: November 20, 1989; Case No.: 87CW283, 95CW251; Court: District Court, Water Division No. 5, Colorado; Type of water right: Storage; Legal description of point of diversion: The dam is located in the SW ¼ of the NE ¼, Section 25, Township 2 North, Range 81 West of the 6th P.M.; Source: Muddy Creek and its tributaries, all tributary to the Colorado River; Amount: 59,993 acre feet; Appropriation: December 14, 1987; Decree Use: All uses including but not limited to domestic, municipal, agricultural, and recreational uses; Historic Use: 32,986 acre feet of the Wolford Mountain Reservoir have been used for recreational and piscatorial purposes; Statement of Plan for Augmentation: The West Rifle Gravel Pit Well will operate under its own junior ground water right for recreation and piscatorial uses. This water right will be in priority for much of the year but is subject to a “Cameo” call during the irrigation season in most years. In dry years the call could extend from mid June through mid October. During this period augmentation will be required. Augmentation of the evaporative losses from the West Rifle Gravel Pit Well will be from historic consumptive use credits available under the Campbell Ditch irrigation right for 2.5 cfs and from Wolford Mountain Reservoir. The consumptive use credits of 86.40 AF associated with dry-up under the Campbell Ditch more than offset the depletions on an annual basis. However, the C.U. credits are less than depletions in some months. When C.U. credits do not offset monthly evaporation depletions, augmentation will be by releases from Wolford Mountain Reservoir under water supply contract CW-00001 with the Colorado River Water Conservation District (CRWCD). (7 pages) AUGUST 2000 RESUME WATER DIVISION 5 Page 4

16. 00CW153 PITKIN COUNTY - Stein Castle Creek Ditch. Marty Schlumberger c/o Scott Balcomb, Balcomb & Green P.C. PO Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546. Stein Castle Creek Ditch - Application for Change of Point of Diversion. Decreed in 92CW132 and 92CW278 (combined) Case No. W-4033. Located at a point on the Northwesterly bank of Castle Creek at a point whence the Northwest Corner of S23, T10S, R85W of the 6th P.M. bears North at 30037" West 5,757 feet. Appropriation Date: June 25, 1892. Amount 2.0 CFS. Use: Irrigation. Applicant intends to change 0.1 CFS to a new point of diversion as follows: A point on the north bank of the Roaring Fork River in the NW ¼ NE ¼, S36, T8S, R86W, 6th P.M., 150 feet from the North line and 2300 feet from the East line. (3 pages)

17. 00CW154 GRAND COUNTY – COLORADO RIVER. (1) C.D. Peper and Randall Jamsay, Box 522, , Colorado 80447, (970)627-8231. (2) c/o John D. Walker, Cazier and McGowan, Box 500, Granby, Colorado 80446, (970)887-3376. (3) Stagecoach Wells No. 1, 2, 3, 4 and 5. (4) APPLICATION FOR UNDERGROUND WATER RIGHTS AND PLAN FOR AUGMENTATION INCLUDING EXHANGE (5) Source: Underground Water tributary to , tributary to Colorado River. (6) Location: Stagecoach Well No. 1 (Permit No. 221422) is located in the SW1/4 NE1/4, Section 12, T3N, R76W of the 6th P.M., 1400 feet from the North line and 2500 feet from the East line. Stagecoach Wells No. 2, 3, 4 and 5 have not been drilled yet, but will be located within the exclusive boundaries of Applicants’ property located in the SW1/4 NE1/4 of Section 12, T3N, R76W, more specifically described in the Application. (7) Use: In-house with limited outside irrigation. (8) Type of Structure: Wells. (9) Quanity: Maximum pumping rate of 15 gpm for each well with a total combined consumptive use of less than 1.0 acre-feet per year. (10) Depth of well: Stagecoach Well No. 1 has a depth of 280 feet, the depth of Stagecoach Wells No. 2, 3, 4 and 5 is unknown. (11) Water right which will be used as a source of exchange water: Depletions will be augmented with either Wolford Mountain water or Windy Gap water. Applicants have an approved Water Allotment Contract with the Middle Park Water Conservancy District to provide up to 1.0 ac/ft, annually, of Windy Gap water from Granby Reservoir as provided in decree C.A.1768, Water Division No. 5 and 85CW135 or Wolford Mountain Reservoir a/k/a Gunsight Pass Reservoir located on the Muddy Creek, SW1/4 NE1/4 Sec. 25, T2N, R81W, 6th P.M., Grand County, CO decreed 87CW283. (12) Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8): (a) Water Requirements. Applicants proposal will allow the wells contemplated herein to provide the water supply for five (5) residential sites. Outside irrigation will be limited to 4,000 square feet per residential site. This results in a total in-house and irrigation consumptive use of 0.69 acre feet per year. (b) Plan for Augmentation. Stagecoach Wells No. 1, 2, 3, 4 and 5 will be fully augmented by releases of Wolford Mountain water or Windy Gap water. Applicant requests approval of plan finding plan will not cause injury, granting a water right for Stagecoach Wells No. 1, 2, 3, 4 and 5 with an appropriation date of June 16, 2000, granting a date of exchange of November 22, 1996 (the date applicant entered into a water allotment contact with Middle Park), issuance of well permits, and wells can be used for year around use. (14 pages).

18. 00CW155 APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT, GARFIELD COUNTY, C/O STEPHEN C. CANN, Assistant Attorney General, Natural Resources Section, Attorneys for DOW, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. Telephone: (303) 866-5033. FAX: (303) 866- 3558. 1. Name, address, telephone number(s) (residence and business) of applicant(s): Colorado Division of Wildlife, 6060 Broadway, Denver, CO 80216-1000, Telephone No. (303) 297-1192. 2. Name of Structure: Glenwood Springs Pipeline No. 1, First Enlargement. 3. Describe conditional water right, giving the following from the Referee’s Ruling and Judgment and Decree; a. Date of Original Decree: August 10, 1994, Case No. 86CW 070, Court: Division 5 Water Court. B. Location; The point of diversion is located in the NW¼NW¼ of Section 34, T5S, R89W, 6th PM, at a point on the West bank of Mitchell Creek whence the SW corner of Section 27, T5S, R89W bears North 63°39”35’ West a distance of 878.12 feet. c. Source: Mitchell Creek, which is tributary to the Colorado River. D. Appropriation date: July 17, 1985. E. Use: Fish propagation at the Glenwood Springs Fish Hatchery. 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: At the time of the entry of the conditional decree in case, 86CW70, the structure for the Glenwood Springs Pipeline No. 1, First Enlargement had been constructed, and water had been put to beneficial use. Water was diverted through the Glenwood Springs Pipeline No. 1, First Enlargement, in the amount of 2.8cfs in the months of July and August, 1986, for fish propagation at the Glenwood Springs Hatchery. However, at the time of the entry of the conditional decree the Applicant was in litigation over use of certain diversion structures on the Applicant’s property and diversion structures located on adjacent property owners. Ongoing negotiations at that time precluded the entry of a decree for an absolute right. Since then all issues have been resolved and this right should now be made absolute. In addition, Applicant requests that the amount originally decreed (3.3cfs) be reduced to 2.8cfs. 5. Water applied to beneficial use: a. Date: July 12, 1986 Amount 2.8cfs Use: fish propagation. b. Description of place of use where water is applied to beneficial use: The raceways at the Glenwood Springs Fish Hatchery, located on Mitchell Creek , west of Glenwood Springs, Colorado. 6. Historic Use: The Glenwood Springs Pipeline No. 1, First Enlargement, has been used annually since 1986 to provide water for hatchery operations. (3 pages) AUGUST 2000 RESUME WATER DIVISION 5 Page 5

19. 00CW156 EAGLE COUNTY, EAGLE RIVER and COLORADO RIVER. Eagle County Charter Academy Foundation c/o Mark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Avenue, Glenwood Springs, CO 81601 (970) 945-6067. Application for Conditional Underground Water Right and for Approval of Plan for Augmentation. First Claim: Conditional Underground Water Right. Name of structure: Eagle County Charter Academy Well No.1. Location: SW¼ SW¼ Sec. 3, T5S, R82W of the 6th P.M., at a point 1,117’ from the South Line and 298’ from the West Line of said Sec. 3. Source: Groundwater trib. to Eagle and Colorado Rivers. Depth: approx. 127’. Approp. date: 5/31/2000. Amt. claimed: 43 gpm, cond. Use: irrig. Name and address of owner of land upon which well is located: Eagle County School District RE50J, 757 E. 3rd, Eagle CO, 81631. Second Claim: Approval of Augmentation Plan, Including Exchange. Name of structure to be augmented: Eagle County Charter Academy Well No. 1, described above. Water rights to be used for augmentation: Applicant has applied for a contract with the Colorado River Water Projects Enterprise of the Colorado River Water Conservation District (“CRWCD”) for augmentation water to be supplied to the Eagle and Colorado River Basins from the following 5 sources: (1) WOLFORD MOUNTAIN RESERVOIR: Case No. 87CW283: Decreed: 11/20/1989; Location: SW1/4 NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M.; Source: Muddy Creek and its tributaries; Amount: 59,993 acre-feet conditional; Approp. Date: 12/14/ 1987; Uses: all beneficial uses, incl. but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District, use to meet the water requirements of the inhabitants of the CRWCD for all uses, including uses in the Middle Park area, and use to meet the terms of a lease agreement executed March 3, 1987 between the CRWCD and Denver. Case No. 95CW281: Decreed: 08/26/1997; Amount: 6,000 acre feet conditional; Approp. date: 01/16/1995; Uses: all beneficial uses by and for the benefit of the inhabitants of the CRWCD, incl. but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational--such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project--such uses will be made directly or by substitution, augmentation, or exchange--none of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Water Div No. 5. Case No. 98CW237: Decreed: 07/06/2000. Amount: 30,000 acre feet, cond., with 15,895 acre feet being absolute for recreational, piscatorial and flood control; Approp. Date: 11/17/1998; Uses: certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in 87CW283, Water Div. No. 5 (11/20/1989 Judgment and Decree), and 95CW281, Water Division No. 5 (08/26/1997 Judgment and Decree). (2) RUEDI RESERVOIR: The CRWCD is in the process of securing a contract from the Bureau of Reclamation for 1,500 acre feet of annual supply. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. Ruedi Reservoir was decreed in the Garfield County District Court in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses, with an appropriation date of 07/29/1957. By subsequent order of the Water Court in Case No. W-789-76, the decreed amount of this reservoir has been fixed at 102,369 acre feet. Location: Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. Source: . (3) EAGLE PARK RESERVOIR: The CRWCD’s 2,000 shares of Class A, Series 2 stock in the Eagle Park Reservoir Company entitle the CRWCD to the annual release and/or diversion of up to 200 acre-feet from Eagle Park Reservoir and the Arkansas Well more particularly described as follows: (a) Eagle Park Reservoir, decreed in Case Nos. 92CW34 and 93CW301, for a combined total capacity of 27,600 acre feet, with an approp. date of 03/16/1991, for 5300 acre-feet, and 05/18/1993, for 22,300 acre-feet, together with the right to divert at the rate of 80 cfs under the 08/10/1956 approp. date of the Pando Feeder Canal pursuant to the decree in Case No. 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. Eagle Park Reservoir is augmented by exchange by decree in Case No. 95CW348. The north abutment of the dam crest is located approximately 160 feet north of the south section line and 650 feet east of the west section line of Section 28, T. 7 S., R. 79 W., 6th P.M., Eagle County. Source: East Fork of the Eagle River including runoff, surface flow and seepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the . (4) ARKANSAS WELL, being the first 455 acre feet per year of historic transbasin diversions from an undivided 1/7th interest in and to that certain water right known as the Stevens and Leiter Ditch, originally decreed by the Chaffee County District Court for 38 cfs with a priority date of 09/01/1873, as changed by the Chaffee County District Court, in C.A. No. 5276, to a new point of diversion which is a well located in the E½ SE¼ SE¼ of Sec. 10, T. 8 S., R. 79 W. of the 6th P.M., whence the SE corner of Sec. 10 bears S 17°37' E, a distance of 364.8 feet, on the East Fork of the Arkansas River in Lake County, as said change was confirmed by the District Court for Water Div. No. 2, in Case No. 91CW028, providing that said water could be diverted at the rate of 1.086 cfs, with an annual volumetric limit of 786 acre feet, to the Colorado River Basin for use and disposition there, without any return flows to the Arkansas River Basin, together with the right to use, reuse and successively use said water to extinction. At such time as the East Fork Pumping Plant is fully operational, the Arkansas Well water will no longer be needed and the CRWCD’s supply will be obtained from Eagle Park Reservoir. (5) CRWCD EXCHANGE SUPPLY: pursuant to a Memorandum of Understanding effective 04/21/1998 (the "MOU") among the City of Aurora, the City of Colorado Springs, the CRWCD, Climax Molybdenum Company, Vail Associates, Inc., the Upper Eagle Regional Water Authority, and the Eagle River Water & Sanitation District; and the Water Exchange Agreement dated June 17, 1998 among Aurora, Colorado Springs, and the Eagle Park Reservoir Company, Aurora and Colorado Springs agreed to make up to 500 acre feet of water available for West Slope use from facilities owned and operated by Aurora and Colorado Springs in exchange for up to 800 acre feet of replacement water from the West Slope participants. The CRWCD's 100 shares of Class B stock in the Eagle Park Reservoir Company entitle the CRWCD to up to 100 acre feet per year of consumptive beneficial use water to be derived from fully consumable water annually diverted by and/or stored in the AUGUST 2000 RESUME WATER DIVISION 5 Page 6 following structures owned and controlled by Aurora and Colorado Springs: (a) Homestake Project. Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed by the Eagle County Dist. Ct. in Civil Action No. 1193 for 83,338.98 acre feet conditional, 43,504.7 acre feet of which is now absolute. Location: whence the NW Corner of Sec. 31, T. 7 S., R. 80 W., 6th P.M. bears N. 58°30.6' E. 24,659 feet from the East dam abutment and N. 62°25.8' E. 25,746 feet from the West dam abutment. Sources: East Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. (b) Camp Hale Project. Aurora and Colorado Springs may provide to the CRWCD water released from those surface and ground water storage rights sought by Aurora and Colorado Springs in Case Nos. 88CW449 and 95CW272, Water Div. No. 5. CRWCD Contractors’ use of augmentation water from Homestake Reservoir made available through contract or other arrangement with the Eagle Park Reservoir Company shall be dependent upon the continued existence of, and conditions set forth in, the Water Exchange Agreement dated 06/17/1998 between the Cities of Aurora and Colorado Springs and the Eagle Park Reservoir Company, together with any modifications thereto, or constraints thereon, as may be necessitated by the decree entered in Case No. 98CW270, Water Div. No. 5. Statement of plan for augmentation: water withdrawn through the Eagle County Charter Academy Well No. 1 will irrigate two (2) acres of lawns and playing fields around the site of the Eagle County Charter School in Edwards, Colorado. Irrigation is expected to occur from April through October. The application rate is assumed to be 3.16 acre-feet per acre with resulting consumptive use of 2.21 acre feet per acre (70% of diversions). Monthly water usage is anticipated as follows: Month Diversions Consumptive Use Delayed Pumping +5% Transit Loss January 0.00 0.00 0.12 0.13 February 0.00 0.00 0.10 0.11 March 0.00 0.00 0.09 0.09 April 0.43 0.30 0.18 0.18 May 1.17 0.82 0.41 0.43 June 1.40 0.98 0.63 0.66 July 1.31 0.92 0.71 0.74 August 0.94 0.66 0.65 0.68 September 0.27 0.54 0.56 0.59 October 0.29 0.20 0.42 0.44 November 0.00 0.00 0.25 0.26 December 0.00 0.00 0.16 0.17 TOTALS 6.31 acre-feet 4.4 acre-feet 4.3 acre-feet 4.5 acre-feet Out-of-priority depletions will be replaced with water released at the direction of the Division Engineer from the water sources described above. Releases from Wolford Mountain Reservoir or Ruedi Reservoir will be exchanged from the confluence of the Eagle and Colorado Rivers (as to Wolford Mountain Reservoir) or the confluence of the Roaring Fork River and the Colorado River (as to Ruedi Reservoir) upstream to Eagle County Charter Academy Well No. 1. Third Claim: Conditional Appropriative Rights of Exchange. Eagle County Charter Academy First Exchange: Downstream Terminus: Confluence of Roaring Fork and Colorado Rivers. Upstream Terminus: Eagle County Charter Academy Well No. 1, described above. Max. Rate of Exchange: 0.067 c.f.s., conditional; maximum volume of 6.31 acre-feet annually. Approp. Date:05/31/2000. Eagle County Charter Academy Second Exchange. Downstream Terminus: Confluence of Eagle and Colorado Rivers. Upstream Terminus: Eagle County Charter Academy Well No. 1, described above. Max. Rate of Exchange: 0.067 c.f.s., conditional; maximum volume of 6.31 acre-feet annually. Approp.date: 5/31/2000. (12 pages)

20. 00CW157 EAGLE COUNTY, EAGLE RIVER. Town of Eagle c/o Mark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601, 970-945-6067. Application for Finding of Reasonable Diligence. Name of structure: Eagle Wastewater Treatment Plant Final Treatment Pipeline. Orig. decree: Case No. W-3676, Water Div. No. 5, 06/03/1980. Location: either or both of the following points: (1) a point on the NW abutment of the Wastewater Treatment Pond located in Sec. 6, T. 5 S., R. 84 W. of the 6th P.M., whence the NW Corner of said Sec. 6 bears N. 68°30’ W. 5050 ft; (2) a point located in Sec. 6, T. 5 S., R. 84 W. of the 6th P.M., whence the NW Corner of said Sec. 6 bears N. 70°30’ W. 5140 ft. Source: municipal waste water and urban runoff of the Town of Eagle Wastewater Treatment Plant, trib. to the Eagle Riv. Approp. date: 11/30/1977. Amount: 6.0 c.f.s., conditional. Uses: municipal, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation and recreational purposes. An outline of activity during the diligence period is included in the Application. (5 pages)

21. 00CW158 ROUTT COUNTY, ROCK CREEK, COLORADO RIVER. Highland Springs Ranch, Inc., c/o Mark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601, 970-945-6067. Application for Finding of Reasonable Diligence. Name of structure: Volcano Spring No. 3 & Pipeline. Orig. decree: 02/27/84, 83CW28, Water Div. No. 5. Location: E½ SW ¼ of Sec. 8, T. 1 S., R. 83 W. of the 6th P.M., at a point whence the SW Corner of said Sec. 8 bears S. 61°45’ W. 2,970 ft. Source: spring trib. to Rock Creek, trib. to Colorado Riv. Approp. dates: 07/071983 (domestic purposes); 12/31/1905 (livestock purposes). Amount: 0.004 c.f.s., absolute (livestock purposes); 0.004 c.f.s., conditional (domestic purposes).Uses: livestock (absolute) and domestic (conditional). An outline of activity during the diligence period is included in the Application. (3 pages) AUGUST 2000 RESUME WATER DIVISION 5 Page 7

22. 00CW159 Case No. 00CW APPLICATION FOR CHANGE OF WATER RIGHTS AND FOR CHANGE OF PLAN FOR AUGMENTATION CONCERNING APPLICATION FOR WATER RIGHTS OF:COTTONWOOD HOLLOW HOMEOWNER’S ASSN and GAILEN B. SMITH IN GARFIELD COUNTY Name, address & phone of Applicants:Cottonwood Hollow Homeowner’s Assn C/O Barry Till, President 0206 Cotton Hollow Lane Carbondale, CO 81623, Gailen B. Smith 0105 Cotton Hollow Lane Carbondale, CO 81627 & P.O. Box 241 , CO 81654 C/O Billie G. Burchfield, Attorney for Applicants 802 Grand Avenue, Suite 305 Glenwood Springs, CO 81601 Name of Structures: Bobcat Ridge Estates Wells Nos. 1 through 35 & McVey Reservoir Decreed legal description of points of diversion and place of storage: subject wells are located in Lots 6, 7 and 8 of Section 12 and in the NE¼SW¼ of Sec 12, T. 7 South, Range 88 West of 6th P.M. McVey Reservoir is located in Sec. 12, t. 7 S., R. 88 W. of 6th P.M., at a point 1800 feet east of the west line and 1800 feet north of the south line of said Section 12. source of the water for each well and McVey Reservoir is Cattle Creek, tributary to Roaring Fork River. appropriation date for each well is March 26, 1980. appropriation date for McVey Reservoir is April 10, 1973. Description of Plan for Augmentation to be changed: On April 18, 1981, in Case No. 80CW359, the Division 5 Water Court awarded Bobcat Ridge Estates Wells Nos. 1 through 35, 0.033 cfs each, conditional, for in- house domestic water supply, watering of one horse per dwelling unit and irrigation of up to 1000 square feet of lawn and garden for each dwelling unit and fire protection. Said wells were augmented with releases from McVey Reservoir decreed in Case No. 79CW59 for 3.0 AF, absolute and 10 AF, conditional. The volume of McVey Reservoir as constructed has been determined by a registered professional engineer to be 1.67 AF. Cottonwood Hollow presently consists of 13 lots with one dwelling unit per lot and with irrigation and horses for each lot as follows: Lot No. Horses Sq. Ft. Irrigated 1 4 2500 2 4 1000 3 4 3000 4 4 2500 5 0 2000 6 0 2000 7 0 1000 8 4 3000 9 4 2000 10 1 1000 11 4 2500 12 0 1000 13 0 1000 Total 29 24500 ( 0.5624 Acres) As stated in Case No. 80CW359, the subject wells can be expected to be in priority during the non-irrigation season. In addition, the wells can be expected to be in priority to divert from May 15 through June 30 of each year. Changes Requested: Applicants request that all but 13 wells be abandoned and that the uses from the 13 wells as described above be augmented with releases from McVey Reservoir as follows: CONSUMPTIVE USE IN ACRE FEET (AF) Domestic Irrigation Horses Evaporation Total AF 13 Units 0.5624 Acres 29 0.28 Acre April 0.0429 0.0337 0.0400 0.0784 May 1-15 0.0214 0.1069 0.0200 0.0560 June July 0.0429 0.2531 0.0400 0.1456 August 0.0429 0.1631 0.0400 0.1232 September 0.0429 0.1406 0.0400 0.0896 October 1-15 0.0214 0.0225 0.0200 0.0280 Totals 0.2145 0.7199 0.2000 0.5208 1.6552 Domestic 100 gal/person/day with 3.5 persons/Dwelling with 10% C.U. Irrigation: 1.99 AF/Acre/Year on 0.5624 Acres (24500 sq. ft) Horses 15 gal/horse/day with 100% C.U. Evaporation 2.66 AF/Acre/Year on 0.28 suraface acre McVey Reservoir

23. 00CW160 - WILL NOT BE PUBLISHED

24. 98CW137 DISTRICT COURT, WATER DIVISION NO. 5, COLORADO, Case No. 98CW137, SECOND AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE CONCERNING THE APPLICATION FOR WATER RIGHTS OF GLENWOOD HOT SPRINGS LODGE AND POOL, INC., IN GARFIELD COUNTY. Applicant, Glenwood Hot AUGUST 2000 RESUME WATER DIVISION 5 Page 8

Springs Lodge and Pool, Inc, respectfully submits this Second Amended Application for Finding of Reasonable Diligence. The original application in this matter, filed on August 7, 1998, and amended on January 19, 1999, is further amended as follows: Existing paragraph 3.B. is amended as follows: 3. Conditional water right: B. Location (I) Hot Springs Area No. 1 is located along the South bank of the Colorado River on the Property belonging to Claimant, the Northeasterly end point of said area bears N. 13 02'41" E. 4309.33 feet from the witness corner to the SW corner of Sec. 10, T. 6 S., R. 89 W., 6th P.M. The Southwesterly end point of said area bears N. 06 27'39" E. 3651.74 feet from the witness corner to the SW corner of Sec. 10, T. 6 S., R. 89 W., 6th P.M. The length of said Spring Area No. 1 is 800 feet and has a width of 50 feet along the axis. The bearing of the axis of the spring area is North 44 36'13" E. Said spring area has a capacity of 3.52 cubic feet of water per second of time. (II) Hot Springs Area 2 is also located along the South bank of the Colorado River on the property belonging to Claimant, the Northeasterly end point of said area bears N. 03 46'20" E. 3528.15 feet from the witness corner to SW corner of Sec. 10, T. 6 S., R. 89 W., 6th P.M. The Southwesterly end point of said area bears N. 02 18'14" E. 3440.66 feet from the witness corner to the SW corner of Sec. 10, T. 6 S., R. 89 W., 6th P.M. The length of said Spring Area No. 2 is 125 feet and has a width of 40 feet along the axis. The bearing of the axis of the spring area is N. 48 37'30" E. Said spring area has a capacity of 0.07 of a cubic foot of water per second of time. DATED: July 27, 2000. Respectfully submitted, BROWNSTEIN HYATT & FARBER, P.C., James S. Lochhead, #9065, 715 Grand Avenue, P.O. Box 357, Glenwood Springs, Colorado 81602, (970) 945-5302, and Connie Peterson, #7604, Andrew L. Spielman, #29341, 410 17th Street, 22nd Floor, Denver, Colorado 80202, (303) 223-1100. ATTORNEYS FOR GLENWOOD HOT SPRINGS LODGE AND POOL, INC. VERIFICATION I, Thomas A. Zancanella, P.E., Zancanella and Associates, Inc., consulting engineer to Glenwood Hot Springs Lodge and Pool, Inc., state that I have read the foregoing Second Amended Application for Finding of Reasonable Diligence and verify its content. Thomas Zancanella STATE OF COLORADO))ss. COUNTY OF GARFIELD) Subscribed and sworn to before me this 27th day of July, 2000, by Thomas A. Zancanella, P.E. My Commission expires: Witness my hand and official seal. Notary Public [S E A L] CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 27th day of July, 2000, a true and correct copy of the foregoing SECOND AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE was transmitted via facsimile and placed in the United States mail, postage prepaid, addressed to the following: Robert M. Noone, Esq., Karl J. Hanlon, Esq., Law Office of Robert M. Noone, 1001 Grand Avenue, Suite 207, P.O. Drawer 39, Glenwood Springs, CO 81602, Fax No.: 970-945-5570. Diane P. Delaney, Esq., 1001 Grand Avenue, Suite 106, P.O. Box 2115, Glenwood Springs, CO 81602, Fax No.: 970-945-2303. (4 pages)

25. 99CW022 - CRYSTAL RIVER RANCH - 555 Seventeenth Street, Suite 2400 Denver, CO 80202 Glenn E. Porzak, Porzak Browning & Bushong LLP, Attorneys for Applicant, 920 Pearl Street, Suite 300, Boulder, CO 80302) AMENDED APPLICATION FOR WATER RIGHTS, IN EAGLE COUNTY, COLORADO 1Amendment of Application: The caption of the application originally filed in this case and published in the March, 1999 Resume of the Division No. 5 Water Court is hereby amended to reflect that the claimed water rights are located in Eagle County. The legal descriptions of the claimed water rights and all other information included in the application as originally published remains accurate.

26. 99CW325 Garfield County; Piceance Creek, Tributary to White River; Water District No. 43. Janus Spring Well, Bailey Springs, Enterprise Springs, Roger’s Ditch, Roger’s Pond, Taylor’s Pond, Rudy’s Pond, Chase’s Pond, Diane’s Pond, Momo’s Pond, Cookie’s Pond, Todd & Tracy Pond, Bubba’s Pond, Graylen’s Pond, Daddy-O’s Pond, Jody’s Pond, Bruce’s Pond. James Goff, c/o Thomas L. Adkison, Hill, Edwards, Edwards & Adkison, L.L.C., 502 Main Street, Suite 201, Carbondale, Colorado 81623, (970) 963- 3900. First Amended Application for Water Rights. Explanation for Amendments: Applicant had most of the claimed structures located by global positioning system (GPS), allowing more precise description of their locations. Other minor amendments are as specified below; all other parts of the original Application remain unchanged. First Claim: Underground Right. Structure: Janus Spring Well. Amendments: None. Second Claim: Surface Right. Structure: Bailey Springs. Amendments: Legal Description: in the NE1/4 NE1/4 Section 19, Township 3 South, Range 93 West, 6th P.M., at a point 300 feet from the North section line and 1287 feet from the East section line. Third Claim: Surface Right. Structure: Enterprise Springs. Amendments: Legal description: in the SW1/4 SW1/4 Section 20, Township 3 South, Range 93 West, 6th P.M., at a point 1175 feet from the South section line and 768 feet from the West section line. Fourth Claim: Surface Right. Structure: Roger’s Ditch. Amendments: None. Fifth Claim: Storage Right. Structure: Roger’s Pond. Amendments: Legal description: in the NW1/4 NW1/4 Section 25, Township 3 South, Range 94 West of the 6th P.M., at a point 1315 feet from the North section line and 1251 feet from the West section line. Sixth Claim: Storage Right. Structure: Taylor’s Pond. Amendments: Legal description: in the NE1/4 NE1/4 Section 25, Township 3 South, Range 94 West of the 6th P.M., at a point 195 feet from the North section line and 288 feet from the East section line. Seventh Claim: Storage Right. Structure: Rudy’s Pond. Amendments: Legal description: in the SE1/4 SE1/4 Section 24, Township 3 South, Range 94 West of the 6th P.M., at a point 495 feet from the South section line and 147 feet from the East section line. Eighth Claim: Storage Right. Structure: Chase’s Pond. Amendments: Legal description: in the SE1/4 SE1/4 Section 24, Township 3 South, Range 94 West of the 6th P.M., at a point 1086 feet from the South section line and 137 feet from the East section line. Ninth Claim: Storage Right. Structure: Diane’s Pond. Legal description: in the NE1/4 SE1/4 Section 24, Township 3 South, Range 94 West of the 6th P.M., at a point 1464 feet from the South section line and 125 feet from the East section line. Tenth Claim: Storage Right. Structure: Momo’s Pond. Amendments: Legal description: in the NW1/4 SW1/4 Section 19, Township 3 South, Range 93 West of the 6th P.M., at a point 2050 feet from the South section line and 211 feet from the West section line. Eleventh Claim: Storage Right. Structure: Cookie’s Pond. Amendments: Legal Description: in the NE1/4 NE1/4 Section 25, Township 3 South, AUGUST 2000 RESUME WATER DIVISION 5 Page 9

Range 94 West of the 6th P.M., at a point 449 feet from the North section line and 272 feet from the East section line. If off-channel, name and capacity of ditch used to fill reservoir and legal description of point of diversion: Wilcoxson Ditch No. 1, decreed for 1.5 cfs in Garfield County Case No. 97 CW 86, point of diversion in the S1/2 Section 19, Township 3 South, Range 93 West, 6th P.M., approximately 1000 feet from the South section line and 2400 feet from the West section line (Application for Change in Use for Wilcoxson Ditch No. 1 will be made in a subsequent case). Rate of Filling: 1.5 cfs. Use: Stockwatering, power generation, piscatorial, aesthetic, wildlife and augmentation. Twelfth Claim: Storage Right. Structure: Todd & Tracy Pond. Amendments: Legal description: in the NW1/4 SW1/4 Section 19, Township 3 South, Range 93 West of the 6th P.M., at a point 2615 feet from the South section line and 1149 feet from the West section line. Thirteenth Claim: Storage Right. Structure: Bubba’s Pond. Amendments: Legal description: in the SE1/4 NW1/4 Section 19, Township 3 South, Range 93 West of the 6th P.M., at a point 2350 feet from the North section line and 1731 feet from the West section line. Fourteenth Claim: Storage Right. Structure: Graylen’s Pond. Legal description: in the NW1/4 NW1/4 Section 30, Township 3 South, Range 93 West of the 6th P.M., at a point 53 feet from the North section line and 482 feet from the West section line. Fifteenth Claim: Storage Right. Structure: Daddy-O’s Pond. Amendments: Legal description: in the SE1/4 SW1/4 Section 19, Township 3 South, Range 93 West of the 6th P.M., at a point 85 feet from the South section line and 1272 feet from the West section line. Sixteenth Claim: Storage Right. Structure: Jody’s Pond. Amendments: Legal description: in the NW1/4 NW1/4 Section 30, Township 3 South, Range 93 West of the 6th P.M., at a point 262 feet from the North section line and 73 feet from the West section line. Use: Stockwatering, power generation, piscatorial, aesthetic, wildlife and augmentation. Seventeenth Claim: Storage Right. Structure: Bruce’s Pond. Amendments: Legal description: in the SE1/4 SW1/4 Section 19, Township 3 South, Range 93 West of the 6th P.M., at a point 720 feet from the South section line and 2250 feet from the West section line. Use: Stockwatering, power generation, piscatorial, aesthetic, wildlife and augmentation. Bruce’s Pond will be changed from an off-channel reservoir to an on-channel reservoir, to be filled directly from the North Fork of White’s Creek, tributary to Piceance Creek, tributary to the White River. (27 pages)

27. 00CW033 Garfield County; Roaring Fork River; Water District No. 38. Lael E. Hughes Well No. 2. Lael E. Hughes, c/o Thomas L. Adkison, Hill, Edwards, Edwards & Adkison, L.L.C., 502 Main Street, Suite 201, Carbondale, Colorado 81623, (970) 963- 3900. FIRST AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Explanation for Amendment: to correct the spelling of Applicant’s name, and make it uniform throughout the case. Name of structure: Lael E. Hughes Well No. 2. Previous decree: Date of Original Decree: January 26, 1981; Case Number: 80 CW 249; Court: District Court, Water Division 5. Location: Per Decree, the well is located in the NE1/4 NW1/4 of Section 31, T. 7 S., R. 87 W. of the 6th P.M. at a point 1,050 feet South of the North line and 2,550 feet East of the West line of said Section 31. Source: a well having a depth of 40 feet, tributary to the Roaring Fork River. Appropriation Date: October 31, 1977. Amount: 0.133 cfs absolute in original Decree; 0.363 cfs conditional. Use: domestic, commercial and municipal. What has been done toward completion of the appropriation: Applicant obtained Well Permit No. 24228-F for Lael E. Hughes Well No. 2 on July 17, 1979; a Well Completion and Pump Installation Report was filed on December 12, 1980; a Statement of Beneficial Use was filed on July 15, 1980. In 1998, Applicant installed a new pump on the well at a cost of $3,000. In 1999, Applicant replaced 2000' of damaged and deteriorated 3" water line at a cost of approximately $25,000 (3 pages).

28. 00CW079 Pitkin County - Roaring Fork River. Helen Stone c/o Patrick & Stowell PC, 730 E. Durant Ave., Suite 200, Aspen, CO 81611, First Amended Application for Underground Water Right and Approval of Plan for Augmentation. This amendment does not change the original application filed 5/31/00 except to include additional sources of augmentation water. Claim for Underground Water Right: Stone Well No. 1. Location: NW 1/4 NE 1/4 Section 12, Township 10 South, Range 85 West of the 6th P.M. at a distance 513.1 feet from the North section line and 1341.0 feet from the East section line of Section 12. Appropriation date: 8/3/1999. Amt: 15 GPM conditional. Use Irrigation of approximately 0.30877 acres in the NW1/4NE1/4 Section 12, T10S, R85W, 6th P.M. and filling of small landscape pond features. Augmentation Plan. Structures to be Augmented: Stone Well No. 1. Applicant has applied for an Allotment Contract from the Basalt Water Conservancy District to provide direct flow rights and/or storage of 1.0 acre-foot in one or more of the following: Ruedi Reservoir for the benefit of the Basalt Water Conservancy District. Ruedi Reservoir, a component of the Fryingpan-Arkansas Project was originally decreed in C.A. No. 4613, Garfield County District Court, on June 20, 1958, with a date of appropriation of July 29, 1957; subsequently in Case No. W-789-76 the decreed storage capacity for this Reservoir was reduced to 102,369 af. Ruedi Reservoir is a component of the Fryingpan-Arkansas Project, originally authorized for construction by the Act of August 16, 1962 (76 Stat. 389) as amended by the Act of October 27, 1974 (88 Stat. 1486) and the Act of November 3, 1978 (92 Stat. 2492), in substantial accordance with House Doc. No. 187 83rd Cong., 1st Sess., as modified by House Doc. 353, 86th Cong., 2nd Sess., and is subject to the Operating Principles for the Fryingpan-Arkansas project as set forth in House Doc 130, 87th Cong., 1st Sess. The federal reservoir is operated by the U.S. Bureau of Reclamation which has contracted for an allotment of water to the Basalt Water Conservancy District; Green Mountain Reservoir for the benefit of the Basalt Water Conservancy District. Blue River, tributary of the Colorado River is the source for Green Mountain Reservoir, originally decreed in Case Nos.: 2782, 5016, and 5017, United States District Court, District of Colorado on October 12, 1955, with a date of appropriation of August 1, 1935. The decreed storage capacity for this Reservoir is 154,645 af. This federal reservoir is operated in accordance with paragraph 5(a), (b), and © of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. Troy Ditch and Edith Ditch rights as follows: AUGUST 2000 RESUME WATER DIVISION 5 Page 10

Structure Priority Court Adj App Decreed Use Amount Sold, Transferred or Amount Case Date Date Amount Reserved Remaining (10) No. (C.F.S.) (4) (5) (6) (7) (8) (9) C.F.S . AF

Troy Ditch 370 3082 08/25/ I 0.00 0.00 0.09 0.06 0.035 4.906 N/A (1) 1936 05/01 5.10 0 0 5 4 /1906

Troy Ditch 427 3082 08/25/ I 0.00 0.00 0.20 0.13 0.073 10.39 N/A 1st Enlg 1936 05/01 10.80 0 0 0 4 3 /1928

Troy Ditch 669 4613 06/20/ I 0.00 0.00 0.11 0.07 0.042 5.966 N/A 2nd Enlg 1958 06/01 6.20 0 0 5 7 /1942

Edith Ditch 353 3082 08/25/ I 0.11 0.13 0.05 0.00 0.018 2.410 N/A 1936 05/01 2.72 0 2 0 0 /1904

Edith Ditch 673 4613 06/20/ I 0.00 0.00 0.06 0.00 0.022 3.148 N/A 1st Enlg 1958 07/01 3.23 0 0 0 0 /1946

Troy Ditch (2) W- 15.50(3) I,D, 0.11 0.13 0.52 0.27 0.190 14.27 412.8 Water 2281 M 0 2 0 5 3 9 System aka C,P Lower Headgate

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 c.f.s. and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 c.f.s. and 10.60 c.f.s. was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by- passing water at the headgate on the Frying Pan River. Robinson Ditch as follows:

STRUCTU DECRE AMOUNT ADJ. APP. DATE PRIORIT CASE RE ED OWNED BY DATE Y NO. (2) AMOUN BWCD (cfs)(1) T/ cfs

ROBINSON 5.00 1.21 05/11/1889 06/15/1882 38 132 DITCH AUGUST 2000 RESUME WATER DIVISION 5 Page 11

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

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

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

ROBINSON 20.06 4.85 08/25/1936 04/25/1900 326 3082 DITCH

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 c.f.s. of the 40.26 c.f.s. decreed to the Robinson Ditch. (2) District Court in and for Garfield County The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Favre Domestic Pipeline - Spring No. 1: Located at a point whence the E¼ corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South 34E26' East, 890.9 feet. Favre Domestic Pipeline - Spring No. 2: Located at a point whence the E¼ corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South 37E24' East 721.4 feet.

CASE STRUCTURE AMOUN ADJ. DATE APP. DATE PRIORITY NO.2 T1

FAVRE DOM. 0.50 06/20/1958 08/11/1937 649 4613 PL. SP. NO. 1

FAVRE DOM. 0.50 06/20/1958 04/15/1912 666 4613 PL. SP. NO. 2

(1) Amount: Each spring is decreed for 0.50 c.f.s., but the use of both has a combined limit of 0.50 cfs. (2) District Court in and for Garfield County The Favre Domestic Pipeline - Spring Nos. 1 & 2 are tributary to Blue Creek, a tributary of the Roaring Fork River, and are decreed for domestic and augmentation uses. BWCD owns the Favre Domestic Pipeline right. The Springs historically provided a majority of the domestic water supply for El Jebel, a community of 364 EQRs, consisting of 291 single family residential units (mostly mobile homes), irrigation of 12.5 acres of lawn and landscape, and commercial development. In Case No. 93CW319, the Court decreed that 142.82 acre feet of historic consumptive-use credits were available to Blue Creek as a result of such historic use; and that 67.2 acre feet of historic consumptive-use credits were available to the Roaring Fork River as a result of such historic use. In 93CW319, the Court also decreed a change of use of said credits to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Plan for Augmentation: . The Stone Well No. 1 is intended to be the physical source of deliveries of water for irrigation and ponds for the residence. There will be no in-house water requirements and total diversions are estimated to equal 0.73 acre feet per year. The area to be irrigated is 13,450 square feet or 0.30877 acres in the NW1/4 NE1/4 Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, Colorado. The evaporation attributable to the aesthetic pond system is estimated to be approximately 0.12 acre-feet per year. Lawn irrigation has been computed on a Blaney-Criddle basis with a 75% efficiency factor. Thus, annual diversions required for lawn irrigation of the 0.30877 acres would be 0.62 af and annual consumptive use would be 0.465 af. At times when the Stone Well No.1 is not able to divert in priority, augmentation releases will be made from Ruedi Reservoir or other source as identified in the Basalt Water Conservancy District Allotment Contract to replace out of priority depletions. In the unlikely event that the calling water right is located between the confluence of the Roaring Fork and Fryingpan Rivers and the point of depletion for the Stone Well No. 1, which is approximately ½ mile upstream of the confluence of Castle Creek and the Roaring Fork River, then well pumping will be curtailed AUGUST 2000 RESUME WATER DIVISION 5 Page 12 and releases, if required, will be made from the Stone Pond System. Name and address of owner of land on which structures are located: Applicant.(10 pages).

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2000 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $45.00) PEGGY JORDAN, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.