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, 2015. 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.

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 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: 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. 2015CW47. Applicant: Richard Vierra, 4270 Minnesota Creek Road, Paonia, CO, 81425. Application for Absolute Surface Water Right: Vierra Springs – NE1/4SW1/4SE1/4 of Section 4, T14S, R91W, 6th P.M. 1,217 feet from the south line and 1,380 feet from the east section line. Source: Minnesota Creek and the Gunnison River. Appropriation Date: 04/01/2003. Amount Claimed: 0.05 c.f.s. absolute for irrigation of 1 acre. DELTA COUNTY.

CASE NO. 2015CW48. Applicant: Lynne La Corte, P. O. Box 1067, Ridgeway, CO 81432. Application for Simple Change in Surface Point of Diversion Pursuant to 37-92- 305(3.5) C.R.S.: La Corte Pump – Legal description of structure as described in most recent decree that adjudicated the location: 15CW3011 transferred 0.166 c.f.s. from the Wood Perry Ditch Company to La Corte Pump located at the SW1/4SW1/4NE1/4 of Section 4, T45N, R8W, N.M.P.M., at a point 2,221 feet from the north line and 2,265 feet from the east section line. Zone 13, NAD 83, 259387mE, 4229596mN. Decreed Source of Water: Uncompahgre River. Appropriation Date: 05/10/1882. Total amount decreed to structure: 0.166 c.f.s. absolute. Decreed use: Irrigation of 3.89 acres. Amount of water that applicant intends to change: 0.166 c.f.s. Detailed description of proposed change: No intervening water rights and no other water rights affected by this change. New legal description: NW1/4NE1/4 of Section 4, T45N, R8W, N.M.P.M. 1,677 feet from the north line and 2,023 feet from the east section line. Zone 13, 259463mE, 4229759mN. OURAY COUNTY.

CASE NO. 2015CW49. Applicant: Edward Herrick, Gunnison River Farms, LLC., P.O. Box 2675, Telluride, CO 81435. Application for Simple Change in Surface Point of Diversion Pursuant to 37-92-305(3.5) C.R.S.: Swan Ditch – NE1/4NW1/4NE1/4 of Section 9, T15S, R94W, 6th P.M. 15 feet from the north line and 1,960 feet from the east section line. Decreed Source of Water: Gunnison River. Appropriation Date: 05/01/1889 and 04/05/1922. Date of Original Decree: 06/23/1914 CA0617 and 03/20/1954, CA3503. Decreed Source of Water: Gunnison River. Total amount decreed to structure: .625 c.f.s. absolute 1914, 1.375 c.f.s. absolute 1954. Decreed use: Irrigation. Amount of water applicant intends to change: 2.0 c.f.s. absolute. Detailed description of proposed Change in a surface point of diversion: This is not a change of location, only a clarification to the original decree. Both decrees have been diverted every year at the described point with no change in location from original decree. Both decrees have been used for irrigation from the time they were approved by the Court. DELTA COUNTY.

CASE NO. 2015CW50 (REF NO. 01CW279, 02CW64, 09CW98). Applicants: Martin Frank and DeEtta Frank, 75180 Q 72 Road, Montrose, CO 81401. Application For Finding Of Reasonable Diligence: Bennett Reservoir - SE1/4SW1/4NW1/4 of Section 29, T48N, R7W, N.M.P.M. 1,300 feet east of the west line and 2,400 feet south of the north section line. Source: Hairpin Creek, Cedar Creek, Uncompahgre River. Appropriation date: 12/31/2001. Amount Claimed: 12 acre-feet conditional for domestic use. The application on file with the Water Court contains an outline of the work performed during the diligence period. MONTROSE COUNTY.

CASE NO. 2015CW51. Applicant: Sagebrush, LLLP and John Rozman, 24063 Highway 135, Crested Butte, CO 81224. Application for Conditional Surface Water Right: Sagebrush Spring – NW1/4NW1/4 of Section 18, T14S, R85W, 6th P.M. 840 feet from the north line and 340 feet from the west section line. Source: Slate River. Appropriation Date: 12/10/2015. Amount Claimed: 1.0 c.f.s. conditional for irrigation of 35 acres, recreation, fire protection, stockwater and wildlife. GUNNISON COUNTY.

CASE NO. 2015CW3089. Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Philip E. Lopez, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6312. E-mail: [email protected]. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN DELTA COUNTY, COLORADO. 2. Name of water right: Hubbard Creek Instream Flow Water Right. 3. Legal Description: The Hubbard Creek Instream Flow Water Right is located in the natural stream channel of Hubbard Creek from the U.S. Forest Service property boundary to the Deertrail Ditch headgate, a distance of approximately 1.88 miles. This segment of Hubbard Creek can be located on the Bowie U.S.G.S. quadrangle. A map of the Hubbard Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: U.S. Forest Service Property Boundary. 1. UTM: Northing: 4314986.51Easting: 280842.013 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 38° 57’ 23.23”N and longitude 107° 31’45.16”W B. Downstream Terminus: Deertrail Ditch Headgate 1. UTM: Northing: 4312487.26 Easting: 281723.13 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 38° 56’ 3.02”N and longitude 107° 31’ 5.71”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 description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: Hubbard Creek, tributary to North Fork Gunnison River. 5. A. Date of initiation of appropriation: January 26, 2015. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2015, 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. (2015). C. Date applied to beneficial use: January 26, 2015. 6. Amount of water claimed: Instream flow of 8.3 cfs (4/1-6/10), 2.6 cfs (6/11-8/15), and 1.8 cfs (8/16-3/31), 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. (2015), 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. (2015). 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 pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on September 15, 2015, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2015), 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 rights herein, if granted; and that such environment can exist without material injury to water rights. DELTA COUNTY.

CASE NO. 2015CW3090 THROUGH 2015CW3092 – CASE NOS. NOT USED.

CASE NO. 2015CW3093 (REF NO. 96CW139, 04CW12, 10CW34). OURAY COUNTY 1. Applicant Tri-County Water Conservancy District, P.O. Box 347, Montrose CO 81402, 970-249-3369, a political subdivision of the State of Colorado, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION TO MAKE CONDITIONAL RIGHT ABSOLUTE 2. Name of Structure: Hydroplant - Ridgway Reservoir Dam. 3. Date of Original Decree: Decree entered in case 96CW139 on January 9, 1998, Court: Water Division No. 4. 4. Legal Description of decreed point of diversion: The centerline of the crest of Ridgway Reservoir Dam at its east abutment is located at a point whence the south quarter corner of Section 16, Township 46 North, Range 8 West, N.M.P.M. bears South 37°11’22.8” East 2,680.38 feet; The centerline of the crest of Ridgway Reservoir Dam at its west abutment is located at a point whence the south quarter corner of Section 16, Township 46 North, Range 8 West, N.M.P.M. bears South 74°10’42” East 4252.33 feet; The centerline of the crest of Ridgway Reservoir Dam between the east and west abutments bears South 74°10’42” West 2,466.0 feet. 5. Date of Appropriation: November 6, 1956 6. Amount: 300 c.f.s.. 7. Use: hydropower production. 8. Source of Water: Uncompahgre River. 9. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use : Applicant completed the hydropower plant and began generating electricity in 2014. On June 14, 2015, 560 c.f.s. was diverted through the plant, while the reservoir was storing water. Applicant claims 300 c.f.s. of this amount as absolute as of that date. OURAY COUNTY.

CASE NO. 2015CW3094 (REF NO. 96CW140, 04CW11, 10CW88). OURAY COUNTY 1. Applicant: Tri-County Water Conservancy District, P.O. Box 347, Montrose CO 81402, 970-249-3369, a political subdivision of the State of Colorado, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION TO MAKE ABSOLUTE IN PART 2. Name of Structure: Ridgway Reservoir Dam, HYDROPOWER RIGHT. 3. Date of Original Decree: Decree entered in case April 14, 1961 Court: Water Division No. 4. 4. Legal Description of decreed point of diversion: The centerline of the crest of Ridgway Reservoir Dam at its east abutment is located at a point whence the south quarter corner of Section 16, Township 46 North, Range 8 West, N.M.P.M. bears South 37°11’22.8” East 2,680.38 feet; The centerline of the crest of Ridgway Reservoir Dam at its west abutment is located at a point whence the south quarter corner of Section 16, Township 46 North, Range 8 West, N.M.P.M. bears South 74°10’42” East 4252.33 feet; The centerline of the crest of Ridgway Reservoir Dam between the east and west abutments bears South 74°10’42” West 2,466.0 feet. 5. Date of Appropriation: November 6, 1956 6. Amount: 84,602 acre-feet. 7. Use: Hydropower 8. Source of Water: Uncompahgre River. 9. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use: Applicant completed the hydropower plant and began generating electricity in 2014. In 2014, the reservoir was filled and electricity was being generated. The entire reservoir is necessary for head. Applicant claims 84,602 acre-feet as absolute for hydropower. OURAY COUNTY.

CASE NO. 2015CW3095. OURAY COUNTY 1. Applicant Tri-County Water Conservancy District, P.O. Box 347, Montrose CO 81402, 970-249-3369, a political subdivision of the State of Colorado, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR SURFACE WATER RIGHTS 2. Name of Structure: Hydroplant - Ridgway Reservoir Dam Enlargement. 3. Legal Description of decreed point of diversion: The centerline of the crest of Ridgway Reservoir Dam at its east abutment is located at a point whence the south quarter corner of Section 16, Township 46 North, Range 8 West, N.M.P.M. bears South 37°11’22.8” East 2,680.38 feet; The centerline of the crest of Ridgway Reservoir Dam at its west abutment is located at a point whence the south quarter corner of Section 16, Township 46 North, Range 8 West, N.M.P.M. bears South 74°10’42” East 4252.33 feet; The centerline of the crest of Ridgway Reservoir Dam between the east and west abutments bears South 74°10’42” West 2,466.0 feet. 4. Date of Appropriation: May 16, 2012 5. Amount: 260 c.f.s. absolute, 190 c.f.s. conditional. 6. Use: hydropower production. 7. Source of Water: Uncompahgre River. 8. Basis of claim: Applicant has storage and direct flow rights for the Ridgway project for hydroelectric generation. The flow right entered in 96CW139 envisioned a flow through the penstocks of 300 c.f.s. The plant as built has the capacity to divert 750 c.f.s. for power generation. Applicant completed the hydropower plant and began generating electricity in 2014. On June 4, 2014, 560 c.f.s. was diverted through the plant, while the reservoir was storing water. Applicant claims 260 c.f.s. of this amount as absolute (the first 300 c.f.s. was by the senior hydropower right.) Applicant intends to divert the maximum amount the plant will allow. Thus, 190 c.f.s. should be conditional until such time as that diversion occurs. OURAY COUNTY.

CASE NO. 2015CW3096 (REF NO. 08CW184). RANCH PROPERTIES HOLDINGS, LLC, c/o David S. Hayes, No. 28661, PETROS & WHITE, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE In San Miguel County, Colorado. Name of structure: Old Wooly Pond. Description of Conditional Water Right: A. Original Decree: On December 1, 2009, the District Court for Water Division No. 4 entered a decree in Case No. 08CW184. B. Location: The actual location is in the NE1/4 SW1/4, Section 10, T. 44 N., R. 11 W., N.M.P.M., at a point 1784 feet from the south section line and 2147 feet from the west section line. For the purposes of the Colorado Division of Water Resources database, ONLY, the location shall be indicated as SE1/4 NE1/4 SW1/4 of Section 10, T. 44 N., R. 11 W., N.M.P.M., at a point 1747 feet south of the north section line and 2174 feet west of the east section line. C. Source: McKenzie Creek, tributary to San Miguel River. D. Appropriation Date: December 30, 2006. E. Amount and Uses: 4.60 AF ABSOLUTE for stock watering and wildlife watering; and 4.60 AF CONDITIONAL for piscatorial. Claim to Make Absolute: During the Diligence Period (December 2009 to present), Applicant has maintained water levels in the Old Wooly Pond both for the previously decreed absolute uses (stock and wildlife watering) and for the propagation of fish, and the Pond has been fished in during the Diligence Period. Evidence of Reasonable Diligence: Old Wooly Pond is one of several structures used to supply water for use on the Applicant’s Canyon Creek Ranch property in San Miguel County, Colorado. The application contains a summary of specific projects and work undertaken during the Diligence Period prior to the filing of the application with respect to the storage and use of water from the Old Wooly Pond and other water structures comprising the Canyon Creek Ranch, and is available for inspection at the office of the Division 4 Water Clerk or via ICCES. The list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter. Applicant can and will apply the remaining conditional portion of the Old Wooly Pond water right to beneficial use within a reasonable period of time. Name and address of owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. WHEREFORE, the Applicant respectfully requests the Court enter a decree making the Old Wooly Pond absolute for piscatorial use in the amount of 4.60 AF, or, alternately, finding reasonable diligence and continue said conditional water right for an additional six-year diligence period. SAN MIGUEL COUNTY.

CASE NO. 2015CW3097 DELTA COUNTY 1. Applicant: Surface Creek Valley Historical Society, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR UNDERGROUND WATER RIGHTS and FOR APPROVAL OF A PLAN FOR AUGMENTATION 2. Name of Structure: Surface Creek Valley Historical Society Well 3. Legal Description of well location: NW1/4NW1 /4 of Section 29, Township 13 South, Range 94 West Sixth PM, at a point 1110 feet from the North section line and 1498 feet from the West section line. UTM coordinates for that proposed location are Zone 13 South, 246057 mE, 439489 mN. 4. Date of Appropriation: July 29, 2015; 5. Amount: .033 c.f.s.. 5. Use: Irrigation of landscaping 6. Source of Water: ground water, tributary to Hamilton Draw, Surface Creek, and the Gunnison River. 7. Statement of Plan for Augmentation: Applicant intends to construct a well and use it for the irrigation needs of Pioneer Town. It will continue to use Town of Cedaredge water for its potable needs. Applicant has calculated the annual consumptive use to Hamilton Draw at 1.25 acre-feet. Applicant proposes to contract with the Grand Mesa Water Conservancy District to have this amount available annually to be released from reservoirs on the Grand Mesa as deemed necessary by the Division Engineer. DELTA COUNTY.

2015CW3098 (REF NO. 08CW172, 00CW125). MESA COUNTY 1. Kriss Arvane Burwell, 1097 Scott Circle, Delta CO 81416 412-667-9046, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 2. Name of Structure: Burwell Irrigation Ditch 3. Date of Original Decree: December 3, 2002, Case No. 00CW125 Court: Water Division No. 4. 4. Legal Description of decreed point of diversion: in the SW1/4NE1/4SE1/4, Section 28, Township 15 South, Range 101 West, 6th P.M., at a point 1270 feet west of the east section line and 2300 feet north of the south section line. 5. Date of Appropriation: July 1, 2000. 6. Amount: 2.0 c.f.s. 7. Use: Irrigation of 80 acres. 8. Source of Water: Unnamed creek tributary to Gill Creek, West Creek, and the Dolores River. 9. Claims for diligence: Applicant is the successor in interest to his parents, Kriss Burwell and Dawn Burwell. Applicant is still in negotiation with the United States Forest Service for the special use permit. MESA COUNTY.

2015CW3099 MESA COUNTY 1. Kriss Arvane Burwell, 1097 Scott Circle, Delta CO 81416 412-667-9046, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR SURFACE WATER RIGHT 2. Name of Structure: Burwell Domestic Spring 3. Legal Description of decreed point of diversion: in the SE1/4NW1/4SE1/4, Section 28, Township 15 South, Range 101 West, 6th P.M., at a point 1596 feet west of the east section line and 1614 feet north of the south section line. 4. Date of Appropriation: July 31, 1965. 5. Amount: .011 c.f.s. 6. Use: Domestic use in two cabins. 7. Source of Water: Spring tributary to Gill Creek, West Creek, and the Dolores River. MESA COUNTY.

2015CW3100 (REF NO. 09CW169). DELTA COUNTY 1. Grand Mesa Water Conservancy District, P.O. Box 129, Cedaredge CO 81413, Austin Kaiser, President 970-250-4027; by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT 2. Name of Structure: Peak Reservoir 3. Prior Decree: Entered May 17, 2010, in case 09CW169; 4. Legal Description of location of dam for reservoir: SW1/4SW1/4SW1/4, Section 34, Township 11 South, Range 94 West 6th P.M. 157.5 feet east of the west section line and 1091.11 feet north of the south section line, UTM coordinates 249588 Easting, 4326361 Northing, Zone 13. 5. Source: Surface Creek, tributary to the Gunnison River. 6. Appropriation Date: January 9, 2001. 7. Use: augmentation by contract with individuals and the United States Forest Service. 8. Amount claimed: 28 acre-feet, conditional. 9.Basis of Claim: Applicant has rehabilitated the reservoir and stored 28.6 acre-feet. Applicant has augmentation contracts totaling 21.05 acre-feet. This reservoir will be used as an augmentation source for those contracts. DELTA COUNTY.

CASE NO. 2015CW3101. Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Derek L. Turner, Assistant Attorney General, Natural Resources & Environment Section, Colorado Department of Law-1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508- 6306. Email: [email protected]. APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN DELTA COUNTY, COLORADO. 2. Introduction: By this Application, the CWCB requests adjudication of two instream flow water rights to preserve the natural environment to a reasonable degree. The water rights are on two distinct segments of Terror Creek, a natural stream tributary to the North Fork Gunnison River. 3. Name of water rights: Terror Creek (Upper) Instream Flow Water Right, and Terror Creek (Lower) Instream Flow Water Right. 4. Legal Descriptions: Both Terror Creek instream flow (“ISF”) water rights are located in the natural stream channel of Terror Creek. Each segment is described individually below. A. Terror Creek (Upper) ISF Water Right is located in the natural stream channel of Terror Creek from the confluence of East and West Terror Creeks to the Terror Ditch headgate, a distance of approximately 1.55 miles. This segment of Terror Creek can be located on the Bowie U.S.G.S. quadrangle. A map depicting the approximate location of the reach of the Terror Creek (Upper) ISF Water Right is attached as Exhibit 1. 1. Upstream Terminus: Confluence East & West Terror Creeks. a. UTM: Northing: 4314191.79; Easting: 276880.59 (NAD 1983 Zone 13 North). b. Lat/Long: latitude 38° 56’ 53.88”N and longitude 107° 34’ 28.65”W 2. Downstream Terminus: Terror Ditch Headgate a. UTM: Northing: 4311776.78; Easting: 276931.58 (NAD 1983 Zone 13 North). b. Lat/Long: latitude 38° 55’ 35.66”N and longitude 107° 34’ 23.71”W. B. Terror Creek (Lower) ISF Water Right is located in the natural stream channel of Terror Creek from the Terror Ditch headgate to the Fire Mountain Canal headgate, a distance of approximately 1.52 miles. This segment of Terror Creek can be located on the Bowie U.S.G.S. quadrangle. A map depicting approximate location of the reach of the Terror Creek (Lower) ISF Water Right is attached as Exhibit 2. 1. Upstream Terminus: Terror Ditch Headgate. a. UTM: Northing: 4311776.78; Easting: 276931.58 (NAD 1983 Zone 13 North). b. Lat/Long: latitude 38° 55’ 35.66”N and longitude 107° 34’ 23.71”W. 2. Downstream Terminus: Fire Mountain Canal Headgate a. UTM: Northing: 4309509.78; Easting: 277393.55 (NAD 1983 Zone 13 North) b. Lat/Long: latitude 38° 54’ 22.61”N and longitude 107° 34’ 1.89”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 description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 5. Source: The source of both water rights is Terror Creek, tributary to North Fork Gunnison River, tributary to the Gunnison River. 6. Appropriation: A. Date of initiation of appropriation: January 26, 2015. B. How appropriation was initiated: Appropriation and beneficial use of both Terror Creek (Upper) and Terror Creek (Lower) ISF Water Rights occurred on January 26, 2015, 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. (2015). On September 15, 2015, the CWCB confirmed the appropriation and made the findings required in section 37-92-102(3)(c), C.R.S. for both water rights. C. Date applied to beneficial use: January 26, 2015 for both water rights. 7. Amount of water claimed: A. Terror Creek (Upper) ISF: Instream flow of 4.8 cfs (April 1 to September 30) and 1.5 cfs (October 1 to March 31), absolute B. Terror Creek (Lower) ISF: Instream flow of 4.2 cfs (April 1 to May 31), absolute. 8. Proposed Uses: Instream flow uses to preserve the natural environment to a reasonable degree. 9. 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 Colo. River Water Conservation Dist. V. Colo. Water Conservation Bd., 594 P.2d 570, 572 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2015). As surface water rights, the CWCB’s appropriation of instream flow water rights do not involve construction of a well. 10. Remarks: These appropriations by the CWCB, on behalf of the people of the State of Colorado, are made pursuant to 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 September 15, 2015, 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 rights herein, if granted; and that such environment can exist without material injury to water rights. DELTA COUNTY.

CASE NO. 2015CW3102. Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Jeffrey N. Candrian, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6288. Email: [email protected]. APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN GUNNISON COUNTY, COLORADO. 2. Name of water right: Schaefer Creek Instream Flow Water Right. 3. Legal Description: The Schaefer Creek Instream Flow Water Right is located in the natural stream channel of Schaefer Creek from its headwaters to the confluence with Grouse Spring Creek, a distance of approximately 5.92 miles. This segment of Schaefer Creek can be located on the Anthracite Range, Marcellina Mountain, Paonia Reservoir and West Beckwith Mountain U.S.G.S. quadrangles. A map of the Schaefer Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Schaefer Creek Headwaters. 1. UTM: Northing: 4302917.13 Easting: 304350.23 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 38° 51’ 12.01”N and longitude 107° 15’ 16.84”W. B. Downstream Terminus: Confluence with Grouse Spring Creek. 1. UTM: Northing: 4310081.09 Easting: 302311.39 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 38° 55’ 2.6”N and longitude 107° 16’ 48.79”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 description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: Schaefer Creek, tributary to Snowshoe Creek, tributary to Coal Creek, tributary to the North Fork Gunnison River. 5. A. Date of initiation of appropriation: January 26, 2015. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2015, 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 26, 2015. 6. Amount of water claimed: Instream flow of 1.7 cfs (12/1 – 4/15), 4.6 cfs (4/16 – 7/31), and 2.9 cfs (8/1 – 11/30), 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. (2015), 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. (2015). 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 pursuant to sections 37-92- 102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on September 16, 2015, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2015), 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 rights herein, if granted; and that such environment can exist without material injury to water rights. GUNNISON COUNTY.

CASE NO. 2015CW3103. SAN MIGUEL COUNTY. SURFACE WATER TRIBUTARY TO EAST FORK OF SPECIE CREEK, SPECIE CREEK AND THE SAN MIGUEL RIVER. JOHN G. AND VICTORIA A. IRWIN JOINT TRUST, c/o Tom Kinney, Esq., Western Slope Water Rights, LC, 0274 Crystal Park Drive, Redstone, Colorado 81623, (970) 510-0650; [email protected]. Applicant requests entry of a Decree awarding absolute, the following described water rights: Homestead Spring, 0.139 cfs, absolute, for diversion of surface water tributary to East Fork of Specie Creek, Specie Creek and the San Miguel River at a point within the NW¼NE¼NW¼, Sec. 21, T.43N., R.11W., N.M.P.M., according to the Original Survey of said Township approved by the U.S. Surveyor General on July 31, 1882 (hereinafter “O.S.”) located approximately 150 feet distant from the north line and 1,550 feet distant from the west line of said Sec. 21. This point of diversion location is further described by the following UTM coordinates: 4207752 m N; 755704 m E, UTM Zone 12S (NAD 83 – points were averaged), on land owned by Applicant for stock and wildlife watering, and also the irrigation of 4 acres located within portions of the N½NW¼ of said Sec. 21, with an appropriation date of October 1, 1989; Holly Spring, 0.022 cfs, absolute, for the diversion of surface water tributary to East Fork of Specie Creek, Specie Creek and the San Miguel River at a point within the SE¼SE¼SW¼, Sec. 16, T.43N., R.11W., N.M.P.M., O.S. located approximately 240 feet distant from the south line and 2,290 feet distant from the west line of said Sec. 16 (said Sec. 16 is an unsurveyed Section) on land owned by Applicant for stock and wildlife watering and also the irrigation of 2 acres located within the SE¼SW¼ of said Sec. 16 with an appropriation date of October 1, 1989; Victoria Spring, 0.033 cfs, absolute, for the diversion of surface water tributary to East Fork of Specie Creek, Specie Creek and the San Miguel River at a point within the SW¼SE¼SW¼, Sec. 16, T.43N., R.11W., N.M.P.M., O.S. located approximately 560 feet distant from the south line and 1,530 feet distant from the west line of said Sec. 16 on land owned by Applicant for stock and wildlife watering and also irrigation of 2 acres located within the SE¼SW¼ of said Sec. 16 with an appropriation date of October 1, 1989; Wayne Spring, 0.033 cfs, absolute, for the diversion of surface water tributary to East Fork of Specie Creek, Specie Creek and the San Miguel River at a point within the NW¼SE¼SW¼, Sec. 16, T.43N., R.11W., N.M.P.M., O.S. located approximately 680 feet distant from the south line and 1,860 feet distant from the west line of said Sec. 16 on land owned by Applicant for stock and wildlife watering and also the irrigation of 2 acres located within the SE¼SW¼ of said Sec. 16 with an appropriation date of September 22, 1991. (10 pages with attached Exhibits A, B & C). SAN MIGUEL COUNTY.

2015CW3104; MESA COUNTY. NORTH EAST CREEK, EAST CREEK, GUNNISON RIVER. Ronald E. Tipping and Marie E. Tipping, 1967 Broadway, Grand Junction, CO 81507, (970) 243-2599, [email protected]. Applicants' Attorney: Mark A. Hermundstad, Williams, Turner & Holmes, PC, PO Box 338, Grand Junction, CO 81502, (970) 242-6262, [email protected]. Application for Surface Water Rights and Water Storage Rights. First Claim for Relief (Surface Water Right - Spring): Structure: R Tip Spring. Type: Spring. Legal Description: located in the SW1/4 SW1/4 of Sec. 35, T. 13 S., R. 101 W., 6th P. M., at a point approximately 1244 feet from the South section line and 253 feet from the West section line of said Sec. 35. UTM coordinates: Northing: 4309417.92; Easting: 182659.32; UTM; Zone 13; Units: meters; NAD83; true North. See map attached to Application as Exhibit A. Source: A spring tributary to North East Creek, tributary to East Creek, tributary to the Gunnison River. Appropriation Date: September 1, 2015; Date Water Applied to Beneficial Use: September 1, 2015, for stockwatering and wildlife watering. Amount: 0.033 c.f.s., absolute for stockwatering and wildlife watering and conditional for irrigation purposes. Water from the spring has been used by Applicants for stockwatering and wildlife watering purposes, but the water has not yet been used for irrigation purposes. Uses: Stockwatering, wildlife watering and irrigation of up to five acres of agricultural crops and natural vegetation to enhance forage for wildlife. The land to be irrigated will be portions of the W1/2 SW1/4 of Sec. 35 and the E1/2 SE1/4 of Sec. 34, T. 13 S., R. 101 W., 6th P.M. The water from the R Tip Spring may be used directly for any of the purposes described herein, and/or it may be stored in R Tip Pond, described below, for subsequent release and use for any of such purposes. Landowners: Applicants. Second Claim for Relief (Storage Right): Structure: R Tip Pond. Legal Description: located in the SW1/4 SW1/4 of Sec. 35, T. 13 S., R. 101 W., 6th P. M., at a point approximately 1265 feet from the South section line and 255 feet from the West section line of said Sec. 35. See map attached to Application as Exhibit A. Sources: R Tip Pond derives its source of supply from the R Tip Spring, described above. In addition, small springs and natural runoff occurring above the pond will flow into and be a source for the pond. All of the sources for the pond are tributary to North East Creek, tributary to East Creek, tributary to the Gunnison River. Names of Ditches Used to Fill Reservoir and Capacity: R Tip Pond will be filled in part by R Tip Spring, described above. R Tip Pond will be also be filled by water from the other sources listed above. Appropriation Date: September 1, 2015. Amount: 0.2 acre feet, conditional. Applicants also claim the right to fill and refill the pond when water is available in priority. If filled from a ditch, rate of diversion for filling the reservoir: 0.033 c.f.s., conditional from the R Tip Spring, described above. Uses: stockwatering, wildlife watering and irrigation of up to five acres of agricultural crops and natural vegetation to enhance forage for wildlife. The land to be irrigated will be portions of the W1/2 SW1/4 of Sec. 35 and the E1/2 SE1/4 of Sec. 34, T. 13 S., R. 101 W., 6th P.M. Dam and Reservoir Information: Surface area of high water line: maximum of 10,000 square feet; vertical height of dam: less than ten feet; length of dam: approximately 50 feet; total capacity: 0.2 acre feet; Applicant will install a low level outlet when the pond is constructed and essentially all of the capacity of the pond will be active capacity. Landowners: Applicants. Third Claim for Relief (Surface Water Right - Spring): Name of Structure: M Tip Spring. Type: Spring. Legal Description: located in the NE1/4 SW1/4 of Sec. 35, T. 13 S., R. 101 W., 6th P. M., at a point approximately 2327 feet from the South section line and 2719 feet from the East section line of said Sec. 35. UTM coordinates: Northing: 4309731.24; Easting: 183442.54 UTM; Zone 13; Units: meters; NAD83; true North. See map attached to Application as Exhibit A. Source: A spring tributary to North East Creek, tributary to East Creek, tributary to the Gunnison River. Appropriation Date: June 1, 2011. Date Water Applied to Beneficial Use: June 1, 2011, for stockwatering and wildlife watering. Amount: 0.033 c.f.s., absolute for stockwatering and wildlife watering and conditional for irrigation purposes. Water from the spring has been used by Applicants for stockwatering and wildlife watering purposes, but the water has not yet been used for irrigation purposes. Uses: Stockwatering, wildlife watering and irrigation of up to five acres of agricultural crops and natural vegetation to enhance forage for wildlife. The land to be irrigated will be portions of the NE1/4 SW1/4 and the NW1/4 SE1/4 of Sec. 35, T. 13 S., R. 101 W., 6th P.M. The water from the M Tip Spring may be used directly for any of the purposes described herein, and/or it may be stored in M Tip Pond, described below, for subsequent release and use for any of such purposes. Landowners: Applicants. Fourth Claim for Relief (Storage Right): Name of Structure: M Tip Pond; Legal Description: located in the NE1/4 SW1/4 of Sec. 35, T. 13 S., R. 101 W., 6th P. M., at a point approximately 2300 feet from the South section line and 2720 feet from the East section line of said Sec. 35. See map attached to Application as Exhibit A. Sources: M Tip Pond derives its source of supply from the M Tip Spring, described above. In addition, small springs and natural runoff occurring above the pond will flow into and be a source for the pond. All of the sources for the pond are tributary to North East Creek, tributary to East Creek, tributary to the Gunnison River. Names of Ditches Used to Fill Reservoir and Capacity: M Tip Pond will be filled in part by M Tip Spring, described above. M Tip Pond will be also be filled by water from the other sources listed above; Appropriation Date: September 1, 2015; Date Water Applied to Beneficial Use: September 1, 2015 for stockwatering and wildlife watering purposes; Amount: 0.2 acre feet, absolute for stockwatering and wildlife watering purposes and conditional for irrigation purposes. Applicants also claim the right to fill and refill the pond when water is available in priority. If filled from a ditch, rate of diversion for filling the reservoir: 0.033 c.f.s. from the M Tip Spring, described above, absolute for stockwatering and wildlife watering and conditional for irrigation purposes; Uses: stockwatering, wildlife watering and irrigation of up to five acres of agricultural crops and natural vegetation to enhance forage for wildlife. The land to be irrigated will be portions of the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 35, Township 13 South, Range 101 West, 6th P.M.; Dam and Reservoir Information: Surface area of high water line: maximum of 10,000 square feet; Vertical Height of Dam: less than 10 feet; Length of Dam: approximately 100 feet; total Capacity: 0.2 acre feet; The pond does not currently have a low level outlet. Applicant will install a low level outlet on the pond, after which essentially all of the capacity of the pond will be active capacity; Landowners: Applicants. (10 pages). MESA COUNTY.

CASE NO. 2015CW3105. DELTA COUNTY 1. Applicants: Gregory J. Knight and Teresa A. Knight, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR WATER RIGHTS (SURFACE AND STORAGE) 2. Name of Structure: KNIGHT SPRING AND POND NO. 1; KNIGHT SPRING AND POND NO. 2 3. Legal description of points of diversion: The Knight Spring No. 1 is located in the SW1/4SE1/4 of Section 17, T14S, R93W in the 6th P.M., at a point 586 feet north of the south Section line and1539 feet west of the east section line, UTM coordinates Easting 0256455, Northing 4301770 Zone 13; Knight Spring No. 2 is located in the SW1/4SE1/4 of Section 17, T14S, R93W in the 6th P.M., at a point 114 feet north of the south Section line and 2599 feet west of the east section line, UTM coordinates Easting 0256128, Northing 4301623 Zone 13. The Ponds will be constructed immediately adjacent and down the draw from each spring. 4. Date of Appropriation: January 29, 2014 5. Amount: 0.5 cfs in each spring, 2.0 a.f. in each pond, conditional 6. Use: irrigation of 20 acres, recreation, fish culture and stockwater. 7. Source of Water: Springs tributary to the Gunnison River. DELTA COUNTY.

Case No. 2015CW3106 (REF NO. 09CW93) Applicant: City of Ouray, P.O. Box 468, Ouray, Colorado 81427, by David L. Masters, The Masters Law Firm, P.C., 152 Colorado Avenue, Montrose, Colorado 81401, 970-249-2622. Application for Finding of Diligence: Minion Spring No. 1 – NW¼SW¼ Section 31, Township 44 North, Range 7 West, New Mexico Principal Meridian, 2073 from the south section line and 522 from the west section line. Source: Canyon Creek, tributary to the Uncompahgre River. Appropriation Date: December 6, 1987. Amount Claimed: 0.02 c.f.s., conditional for Commercial, domestic, sanitarium, bathing pool and heating and other beneficial uses. OURAY COUNTY. Minion Spring No. 2 – NW¼SW¼ Section 31, Township 44 North, Range 7 West, New Mexico Principal Meridian, 2032 from the south section line and 423 from the west section line. Source: Canyon Creek, tributary to the Uncompahgre River. Appropriation Date: December 6, 1987. Amount Claimed: 0.04 c.f.s., conditional for Commercial, domestic, sanitarium, bathing pool and heating and other beneficial uses. OURAY COUNTY. Minion Spring No. 5 – NW¼SW¼ Section 31, Township 44 North, Range 7 West, New Mexico Principal Meridian, 2064 from the south section line and 702 from the west section line. Source: Canyon Creek, tributary to the Uncompahgre River. Appropriation Date: December 24, 1987. Amount Claimed: 0.04 c.f.s., conditional for Commercial, domestic, sanitarium, bathing pool and heating and other beneficial uses. OURAY COUNTY. Minion Spring No. 6 – NW¼SW¼ Section 31, Township 44 North, Range 7 West, New Mexico Principal Meridian, 2054 from the south section line and 698 from the west section line. Source: Canyon Creek, tributary to the Uncompahgre River. Appropriation Date: December 24, 1987. Amount Claimed: 0.02 c.f.s., conditional for Commercial, domestic, sanitarium, bathing pool and heating and other beneficial uses. OURAY COUNTY.

CASE NO. 2015CW3107. DELTA COUNTY 1. Applicant: Carbonate Camp Reservoir Company, c/o Robert MacFarlane, 25647 Highview Road, Cedaredge CO 81413, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR WATER STORAGE RIGHTS 2. Name of Structures: Enlargement of Carbonate Camp Reservoir No. 6, a/k/a HayPark Reservoir No. 1; Enlargement of Carbonate Camp Reservoir No. 7, a/k/a HayPark Reservoir No. 2 3. Legal description of points of diversion: On the National Forest, within the S1/2SE1/4, Section 4 and N1/2NE1/4, Section 9, Township 12 South, Range 94 West, 6th P.M. #6 is at a point from whence the southwest corner of said Section 4 bears South 74°21’ West 2114 feet; #7 is at a point from whence the southeast corner of said Section 4 bears South 81.22’ East 1313 feet. 4. Date of Appropriation: December 31, 1890 5. Amounts: #6: 29.58 acre-feet; #7: 32.55 acre-feet absolute 6. Use: Irrigation of 405 acres. 7. Source of Water: snowmelt tributary to Youngs Creek and the Gunnison River. 8. Remarks: Carbonate Camp Reservoir No. 6 is decreed for 100 acre-feet of storage for the irrigation of 230 acres. A recent survey has determined that it actually holds 129.58 acre-feet. Carbonate Camp Reservoir No. 7 is decreed for 90.25 acre-feet of storage for the irrigation of 175 acres. A recent survey has determined that it actually holds 122.80 acre-feet. This application is for a junior enlargement to the actual amounts stored and used. Applicant claims 29.58 acre-feet and 32.55 acre-feet, respectively, as a junior enlargement. The usage has not changed; these waters are used to irrigate 405 acres in the Surface Creek Valley, all belonging to applicants. DELTA COUNTY.

CASE NO. 2015CW3108 (REF NO. 05CW102, 97CW26, 90CW69). SAN MIGUEL COUNTY 1. Applicant: Morgan and Sarah Smith Family Trust of 2000 as amended and restated 2012, Morgan C. Smith and Sarah L. Smith, Trustees, 6 Mesa Ave., Piedmont CA 94611 by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 2. Name of Structure: Aldasoro Ditch, First Enlargement 3. Date of Original Decree: March 8, 1991, Case No. 90CW69 Court: Water Division No. 4. 4. Legal Description of decreed point of diversion: In the SW1/4NW1/4SE1/4, Section 19, Township 43 North, Range 9 West, N.M.P.M. at a point bearing North 24°15’ East 14,850 feet from the northwest corner of Section 6, Township 42 North, Range 9 West, N.M.P.M., 5. Date of Appropriation: January 30, 1990. 6. Amount: 0.09 c.f.s. of the 0.12 c.f.s. still conditional of the 1.0 c.f.s. decreed 7. Uses: domestic, commercial, irrigation, recreation, aesthetic, fish, wildlife, and stock water. 8. Source of Water: Sheep Creek, tributary to the San Miguel River. 9. Claims for diligence: Applicant’s predecessors in ownership cleaned and maintained the ditch and headgate. They also acquired a Ditch Bill Easement from the Forest Service in 2012. SAN MIGUEL COUNTY.

CASE NO. 2015CW3109. SAN MIGUEL COUNTY 1. Dennis Wrestler, PO Box 10, Placerville, CO 81430 by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR UNDERGROUND WATER RIGHTS AND FOR APPROVAL OF A PLAN FOR AUGMENTATION AND FOR A STORAGE WATER RIGHT 2. Name of Structures: Wrestler Well; Trout Lake Reservoir 3. Legal Description of well location: In the SE/SE/4 of Section 34, Township 44 North, Range 11 West NMPM, at a point 812 feet from the South section line and 133 feet from the East section line. UTM Zone 12 South, 758732.52 mE, 4211766.93 mN. Located upon Lot 9, Block 2, Placerville Filing, a/k/a 230 Front St., Placerville CO; Legal description of reservoir location: on the Lake Fork of the San Miguel River, at a point at a point whence the NW corner of the SW1/4 of Section 8, Township 41 North, Range 9 West, N.M.P.M., bears North 89°15' West 976 feet. 4. Date of Appropriation: April 7, 2007 for domestic; October 20, 2015 for commercial and industrial 5. Amount: 15gpm, absolute for domestic, conditional for commercial and industrial. Annual appropriation will be 0.897 acre-foot; 1.0 acre-foot of storage in Trout Lake 6. Use: domestic, commercial, and industrial. A home is served by the well. Applicant owns a small commercial building, also served by the well. He intends to remodel and use the building for various domestic, commercial and industrial purposes. His total use will not exceed 0.897 a.f. Applicant seeks to modify the well permit from an exempt well to a fee well, protected by the Plan for Augmentation. 7. Source of Water: Alluvial aquifer tributary to the San Miguel River. 8 Water right to be used for augmentation: Contract with Public Service Company for 1.0 acre-foot from Trout Lake 9. Statement of the Plan for Augmentation: Applicant has calculated the annual uses to be not more than 0.931 acre-foot. With transit loss from Trout Lake Reservoir, the amount of augmentation water available must be at least 0.96 acre-foot. Applicant proposes entering into a contract with Public Service Company to lease 1.0 acre-foot of storage space in Trout Lake, which will compensate for the uses and transit loss from Trout Lake to Wrestler Well. This contract will allow replacement of the consumptive uses from the well at the time, and in the location, quantity, and quality of the depletion, at the Division Engineer’s discretion. The new junior storage right in Trout Lake will allow this water to be stored. SAN MIGUEL COUNTY.

CASE NO. 2015CW3110. MESA COUNTY, WEST CREEK, TRIBUTARY TO THE DOLORES RIVER. Thomas D. Rolland and Lynda J. Rolland, 870 Gambels Road, Grand Junction, CO 81505, (970) 245-1182, [email protected]. Applicants’ attorneys: Mark A. Hermundstad and Kirsten M. Kurath, Williams, Turner & Holmes, P.C., 200 North 6th Street, P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262, [email protected], [email protected]. Application for Conditional Surface Water Right. Name of Structure: Rolland Diversion. Type: Pump and pipeline. Legal Description: Water will be diverted at the following alternate points of diversion: Point of Diversion No. 1: A point located approximately 320 feet from the South section line and 566 feet from the West section line of Sec. 12, T. 15 S., R. 102 W., 6th P.M.; Point of Diversion No. 2: A point located approximately 1,157 feet from the South section line and 695 feet from the West section line of Sec. 12, T. 15 S., R. 102 W., 6th P.M. See map attached as Exhibit A to the Application. Source: West Creek, tributary to the Dolores River. Appropriation Date: June 1, 2013. Amount: 1.0 c.f.s., conditional. Applicants will divert this amount at either or both of the alternate points of diversion described above. The total combined diversions at both of the points of diversion shall be limited to 1.0 c.f.s. Uses: Irrigation of up to 34 acres. The land to be irrigated is located within the real property described on Exhibit B, attached to the Application. Landowner: The point of diversion and place of use are on land owned by the Applicants. (7 pages). MESA COUNTY.

CASE NO 2015CW3111. Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Susan J. Schneider, First Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6311. E-mail: [email protected]. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN MESA AND MONTROSE COUNTIES, COLORADO. 2. Name of water right: Dolores River Instream Flow Water Right. 3. Legal Description: The Dolores River Instream Flow Water Right is located in the natural stream channel of the Dolores River from the confluence with the San Miguel River to a bridge, a distance of approximately 33.15 miles. This segment of Dolores River can be located on the Gateway, Juanita Arch, Red Canyon and Roc Creek U.S.G.S. quadrangles. A map of the Dolores River Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Confluence with San Miguel River. 1. UTM: Northing: 4254788.25 Easting: 167728.07 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 38° 22’ 46.6”N and longitude 108° 48’ 12.89”W. B. Downstream Terminus: Bridge 1. UTM: Northing: 4287421.12 Easting: 154980.05 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 38° 40’ 5.44”N and longitude 108° 57’ 55.03”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 description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: 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 pursuant to sections 37-92-102(3) and (4) and 37-92- 103(3), (4) and (10), C.R.S. (2015). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 900 cfs (4/15-6/14), 400 cfs (6/15- 7/15), 200 cfs (7/16-8/14), 100 cfs (8/15-3/15), and 200 cfs (3/16-4/14), 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. (2015), 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. (2015). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See Colo. River Water Conservation Dist. V. Colo. Water Conservation Bd., 594 P.2d 570, 572 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2015). As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. 9. The following terms and conditions were developed between Applicant, CWCB, and John S. Hendricks with Western Sky Investments, LLC (collectively, “Western Sky”) through the CWCB’s administrative process to resolve issues with the CWCB’s instream flow appropriation. The intent of CWCB and Western Sky is to include these terms and conditions in the final water court decree in this case. Pursuant to section 37-92-102(3)(b), C.R.S. (2015), the CWCB acknowledges and agrees that the instream flow water right applied for herein on the Dolores River is subject to the following water uses existing at the time the CWCB made its appropriation on January 28, 2014. A full summary of the subject water rights is included on the attached Exhibit 2. a) CWCB acknowledges the pre-existing diversions and use of these water rights at the existing diversion points for the Blue Creek Ditch, the Willow Ditch, and the West Ditch, subject to the limitations in the following table. All of the pre-existing use acknowledgments by CWCB described for the Blue Creek Ditch and the Blue Creek Ditch No. 2 are limited to irrigation of up to a total of 108 acres, and for the West Ditch and the Willow Ditch combined are limited to irrigation of up to a total of 66 acres. b) Based on historical diversion records, the pre-existing use acknowledgements by CWCB pursuant to section 37-92-102(3)(b) are limited to the following the maximum daily diversion rates (cfs) and monthly volumetric diversion limits in acre-feet (AF) at each structure:

Maximum Volumetric Limit (AF) Diversion Diversion Structure March April May June July Aug. Sept. Oct. Rate (cfs) Blue Ck 4.68 94 138 250 176 159 129 110 56 Ditch West Ditch 5.62 35 100 181 134 98 85 72 80 Willow Ditch 4.00 24 128 224 115 94 95 80 39 The subordination of the Dolores River instream flow water right to the Western Sky’s points of diversion and uses described above pursuant to section 37-92-102(3)(b) will not interfere with the administration of the Western Sky water rights in priority as against other water rights, and will not result in general subordination of the CWCB’s Dolores River instream flow water right to any other junior water rights. While the CWCB’s Dolores River instream flow water right decreed herein is subject to Western Sky’s diversions and uses described above under section 37-92-102(3)(b), the water rights approved in this decree will be administered subject to the prior appropriation system in relation to all other water rights. 10. Remarks: These appropriations by the CWCB, on behalf of the people of the State of Colorado, are made pursuant to sections 37-92- 102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on September 15, 2015, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2015), 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 rights herein, if granted; and that such environment can exist without material injury to water rights. MESA AND MONTROSE COUNTIES.

CASE NO. 2015CW3112. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT. 1. Name, mailing address, and telephone number of applicant, Wolf Land Company, LP, a Colorado Limited Liability Partnership, with all pleading and correspondence to Andrew A. Mueller, c/o Karp Neu Hanlon P.C., P.O. Box 2030, Glenwood Springs, CO 81602, [email protected], 970.945.2261 x 125. 2. Name of well is Intex Well. 3. Legal description of well, is in Ouray County, SW1/4 of the SE1/4 of the SW1/4, Section 35, Township 45 North, Range 8 West, N.M. Principal Meridian, at a point 600 Feet South of the section line and 1980 Feet West of the section line. 4. Source of water: Ground water tributary to the Uncompahgre River, Depth of well: 2415 feet. 5. Date of appropriation: October 2, 2015,. 5B. Appropriation was initiated by site inspection and discussion with Colorado Oil and Gas Conservation Commission Representative. 5B. Date water applied to beneficial use is to be determined. 6A. Conditional 100 gallons per minute tributary water right. 6B. Amount claimed in acre feet annually, Conditional 25 acre feet. There is no current approved plan of augmentation. 9A. List All Uses or Proposed Uses: year round irrigation and ancillary commercial agricultural uses. Number of acres historically irrigated 0; proposed to be irrigated 20 acres. Does the Applicant intend to use this water right to supplement irrigation on an area of land already irrigated under another water right? Yes. Legal description of irrigated acreage: No more than 20 acres of indoor irrigation to occur in the S1/2 of the SW1/4, Section 35, T45N, R8W and the N1/2 of the NW1/4, Section 2, T44N, R8W N.M.P.M., Ouray County, State of Colorado. See Map attached hereto as Exhibit 1. 9B. If non-irrigation, describe purpose fully: Ancillary commercial agricultural operations, i.e. cleaning and processing of agricultural products. To occur within the same area identified above in section 9.A. and depicted on the Map attached to the application filed with the court. 10. All uses will be on Applicant’s land. 11. Applicant intends to create greenhouses and processing center for agricultural products and intends to utilize the water from the Intex well for this production. Prior to diverting any ground water for this purpose, Applicant will submit and receive approval of a plan for Augmentation to protect senior water right owners from injury. OURAY COUNTY.

CASE NO. 2015CW3113. Mesa County - Gunnison River; Tony D. Perri and Laura Perri; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR WATER STORAGE RIGHT AND SURFACE WATER RIGHTS; Request for surface right: Name of structure: Ashleigh Spring; Legal description of point of diversion: 1,861 feet from the south section line and 996 feet from the east section line in the NE1/4 of the SE1/4 of Section 27, Township 15 South, Range 101 West, of the Sixth Principal Meridian (UTM coordinates: Easting: 703321, Northing: 4287996, Zone 12S); Source: Beaver Creek, tributary to Gill Creek, tributary to West Creek; Date of appropriation: September 30, 2015; How appropriation initiated: By inspection of spring structures and research regarding development of water source; Amount Claimed: 15 gpm conditional; Uses: Stock watering, wildlife water directly from spring, pond filling; Request for surface right: Name of structure: Alyssa Spring; Legal description of point of diversion: 1,789 feet from the south section line and 1,034 feet from the east section line in the NE1/4 of the SE1/4 of Section 27, Township 15 South, Range 101 West, of the Sixth Principal Meridian (UTM coordinates: Easting: 703309, Northing: 4287974, Zone 12S); Source: Beaver Creek, tributary to Gill Creek, tributary to West Creek; Date of appropriation: September 30, 2015; How appropriation initiated: By inspection of spring structures and research regarding development of water source; Amount Claimed: 15 gpm conditional; Uses: Stock watering, wildlife water directly from spring, pond filling; Request for storage right: Name of structure: Tyson Pond; Legal description of pond: 1,916 feet from the south section line and 1,133 feet from the east section line in the NE1/4 of the SE1/4 of Section 27, Township 15 South, Range 101 West, of the Sixth Principal Meridian (UTM coordinates: Easting: 703278, Northing: 4288010, Zone 12S); Source: Surface flows from the Ashleigh Spring and the Alyssa Spring, as well as surface water tributary to Beaver Creek, tributary to Gill Creek, tributary to West Creek; Date of appropriation: September 30, 2015; How appropriation was initiated: By inspection of pond site and research regarding development of pond; Amount claimed: 5 a.f. conditional; Uses: Fire protection, recreation, stock watering, wildlife watering directly from pond, piscatorial; Surface area of high water line: 1.9 acres; Total capacity: 5 a.f. (4 pages). MESA COUNTY.

CASE NO. 2015CW3114 (REF NO.02CW155, 94CW118) SAN MIGUEL COUNTY, SAN MIGUEL RIVER. Applicant: Telluride Regional Airport Authority, c/o Patrick, Miller & Noto, P.C., Scott C. Miller, Esq. and Jason M. Groves, Esq., 229 Midland Ave., Basalt, CO 81621, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structures: TRAA Well No. 1, TRAA Well No. 2, TRAA Well No. 3, TRAA Well No. 4. Conditional water rights description: Original decree information: TRAA Well No. 1: Date of original Decree: October 11, 1995. Case No. 94CW118A, Water Division 4. TRAA Well Nos. 2-4: Date of original Decree: August 14, 1996. Case No. 94CW118B, Water Division 4. Subsequent diligence decrees: May 15, 2003, Case No: 02CW155, Water Division 4. December 1, 2009, Case No. 09CW61, Water Division 4. Legal descriptions: TRAA Well No. 1: NE ¼, SW ¼ of the SE ¼ of Section 30, Township 43 North, Range 9 West of the New Mexico Prime Meridian at a point approximately 1,142 feet north of the south section line and 1,895 feet west of the east section line of said section 30 in San Miguel County. TRAA Well No. 2: SW ¼ of the SE ¼ of Section 30, Township 43 North, Range 9 West of the New Mexico Prime Meridian approximately 1,225 feet north of the south section line and 2,525 feet west of the east section line of said section 30 (San Miguel County). TRAA Well No. 3: SE ¼ of the SE ¼ of Section 30, Township 43 North, Range 9 West of the New Mexico Prime Meridian approximately 475 feet north of the south section line and 1,040 feet west of the east section line of said section 30 (San Miguel County). TRAA Well No. 4: SE ¼ of the SE ¼ of Section 30, Township 43 North, Range 9 West of the New Mexico Prime Meridian approximately 200 feet north of the south section line and 100 feet west of the east section line of said section 30 (San Miguel County). A map of well locations is on file with the court. Source for TRAA Well Nos. 1-4: Fractured Mancos, tributary to the San Miguel River. Appropriation dates: TRAA Well No. 1: April 15, 1985. TRAA Well Nos. 2-4: January 19, 1994. Amounts: TRAA Well No. 1: 0.033 cfs, absolute. Applicant is permitted to cumulatively withdraw up to 0.067 cfs from one or all of the TRAA Well Nos. 1-4 (Case Nos. 96CW118A and B). Therefore, 0.034 cfs of the cumulative amount remains conditional for purposes of this application. TRAA Well Nos. 2-4: 0.067, conditional for each well, which is the cumulative amount that Applicant may withdraw from one or all of the TRAA Well Nos. 1-4 (Case Nos. 96CW118A and B). Uses for TRAA Well Nos. 1-4: Municipal (for those uses to which the Authority is empowered to serve), commercial, industrial, irrigation, fire protection, and placement into storage. Depths: TRAA Well No 1: approximately 636 feet, per the well construction and test report dated September 16, 2009. TRAA Well No. 2: approximately 700 feet, per the well construction and test report dated September 25, 2012. TRAA Well No. 3: TBD. TRAA Well No. 4: TBD. Well Permits: TRAA Well No 1: 49528-F-R, issued on October, 29, 2009. TRAA Well No 2: 76833-F, issued on November 2, 2012. TRAA Well No 3: 057316-F, issued on April 16, 2002. TRAA Well No 4: 057315-F, issued on April 16, 2002. A detailed outline of the work performed by Applicant toward the completion of the appropriations and application of water to the decreed conditional uses during the diligence period is on file with the court. Applicant does not seek to make any portion of the TRAA Well Nos. 1-4 conditional water rights absolute in this proceeding. Applicant owns the land where the structures are located and upon which the water is and will be beneficially used. SAN MIGUEL COUNTY.

CASE NO. 2015CW3115. APPLICANT FOR CONDITIONAL AND ABSOLTUE WATER RIGHTS (SURFACE). 1. Name, mailing address, and telephone number of applicant is Kenneth J. Orvis, 21599, U.S. Highway 550, Ridgway, Colorado 81432, 970.626.3115, with all pleading and correspondence to Andrew A. Mueller, c/o Karp Neu Hanlon P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602, [email protected], 970.945.2261 x 125. 2. Name of the Structure is Orvis Ditch Seasonal Enlargement. 3. Legal description of each point of diversion is UTM coordinates Easting: 0260247, Northing: 4224167 NAD 83 Zone 13, 21599 U.S. Hwy. 550, Ridgway, CO 81432. Ouray County, NW1/4NW1/4, Section 27, Township 45N, Range 8W, N.M. Principal Meridian. Located in the above identified quarter, quarter at a point whence the ¼ stake on the N line of said section 27 bears N 70º 50’ E 750 feet. Decree in CA 1236 and CA 1581. 4. Source is Seeps and Springs tributary to the Uncompahgre River. 5A. Date of appropriation: October 1, 2013. 5B. Appropriation was initiated by Renovation of existing greenhouse and use of water from Orvis Ditch for irrigation of vegetable crops. 5C. Date water applied to beneficial use: October 1, 2013. 6. Amount claimed: Conditional 15 gallons per minute, Absolute 10 gallons per minute. Applicant grew and harvested vegetable crops for personal and commercial consumption. 7. List All Uses or Proposed Uses: Irrigation of up to two acres of indoor greenhouse crops and water for processing those crops for personal and commercial agricultural consumption from October 1 to April 30 or other times when traditional irrigation rights are not historically used or available. 7A. Number of acres historically irrigated .25 acres; proposed to be irrigated 2 acres. Does the Applicant intend to use this water right to supplement irrigation on an area of land already irrigated under another water right? Only during the non historic irrigation season and times when the historic water rights are unavailable. Legal description of irrigated acreage. Approximately two acres of greenhouses to be located in the area demarcated on Exhibit A lying within the W1/2NE1/4SW1/4, NW1/4SW1/4, SW1/4NW1/4, SE1/4SE1/4NW1/4 of Section 22, T45N, R8W, N.M.P.M. All in Ouray County, State of Colorado. 7B. Water will be used for the washing and processing of agricultural products within the same area identified above in response to 7.B. and as indicated on the map attached to the application filed with the court. 8. All Structures are located on Applicant’s land. 9. Applicant has rehabilitated and utilized one greenhouse for cultivation of commercial agricultural products. Applicant intends to build additional greenhouses of up to two acres in size located within the area demarcated on Exhibit A and will utilize the conditional water right for this purpose. OURAY COUNTY.

CASE NO. 2015CW3116. Name, address and phone number of applicant: United States of America, Department of the Interior, Bureau of Land Management, Uncompahgre Field Office. c/o Kristen C. Guerriero, #32663, Arthur R. Kleven, #36081, Special Assistant U.S. Attorneys, Office of the Regional Solicitor, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215. Telephone: (303)445-0600, [email protected], [email protected] 2.Name of structures: Beaver Spring, Mandrill Spring, Stag Spring, Wet Jenny Spring, Genesis Spring 3. Legal description of point of diversion: All UTM data are from Zone 12 and use the NAD 83 (CONUS) Datum. Beaver Spring: Located on public lands in the SW/4 SE/4, Section 4, T45N R18W, New Mexico P.M., approximately 700 feet north of the south section line, and 2350 feet west of the east section line. 687415mE 4227620mN Mandrill Spring: Located on public lands in the SE/4 SE/4, Section 4, T45N R18W, New Mexico P.M., approximately 1250 feet north of the south section line, and 900 feet west of the east section line. 687858mE 4227800mN Stag Spring: Located on public lands in the SW/4 NW/4, Section 10, T45N R18W, New Mexico P.M., approximately 1500 feet south of the north section line, and 225 feet east of the west section line. 688229mE 4226992mN Wet Jenny Spring: Located on public lands in the SE/4 SW/4, Section 4, T45N R18W, New Mexico P.M., approximately 1150 feet north of the south section line, and 2550 feet west of the east section line. 687297mE 4227822mN Genesis Spring: Located on public lands in the NW/4 NW/4, Section 10, T45N R18W, New Mexico P.M., approximately 450 feet south of the north section line, and 400 feet east of the west section line. 688260mE 4227232mN 4. Source: Bull Gulch/Dolores River 5 A.Dates of appropriation: 12/31/2015 B. How appropriation was initiated: BLM personnel inventoried the quantity and quality of water available for wildlife use. BLM provided notice of the appropriation by filing this application with the water court. C. Date water applied to beneficial use: 12/31/2015 6.Amount claimed: Beaver Spring: 0.0022 cfs, absolute Mandrill Spring: 0.008 cfs, absolute Stag Spring: 0.0011 cfs, absolute Wet Jenny Spring: 0.0006 cfs, absolute Genesis Spring: 0.0006 cfs, absolute 7. Use(s):Wildlife. All springs provide water, forage, and cover for elk, deer, bear, coyotes, mountain lions, small mammals, birds, amphibians and reptiles. 8.Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Tres Rios Field Office, 29211 Highway 184, Dolores, CO 81323. MONTROSE COUNTY.

AMENDED/CORRECTED:

CASE NO. 2015CW3084 (REF NO. 07CW23). GUNNISON COUNTY. Upper East River Water Company, LLC, 9618 E. Maplewood Circle, Greenwood Village, Colorado 80111. c/o David M. Shohet and Ryan W. Farr, Felt, Monson & Culichia, LLC, 319 North Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212. FIRST AMENDED APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE. Purpose of Amendment. This Amendment amends the caption as shown above and includes the request to make all uses absolute as described in Paragraph V below. Name of Structure. Landy Reservoir No. 1. Description of Conditional Water Right. Date of Original Decree: The original decree was entered on February 23, 1982 in Case No. W-3518, Water Division 4. With decrees of continued reasonable diligence granted on November 6, 1996 in Case No. 96CW5, Water Division 4 and again on November 13, 2009 in Case No. 07CW123. Decreed Location. Landy Reservoir No. 1 is located in the NW1/4 of the SE1/4 of Section 7, Township 14 South, Range 85 West of the 6th P.M., at a point 2595 feet north of the south section line and 1825 feet west of the east section line. Source. The sources for Landy Reservoir No. 1 are those water rights discussed and decreed in Case No. 96CW300, including the Verzuh-Young Bifano Ditch, Landy Well No. 1, Landy Spring No. 1, and Landy Spring No. 2. Appropriation Date. The appropriation and priority date for Landy Reservoir No. 1 is December 27, 1976, as conditionally decreed in W-3518. Applicant completed construction of Landy Reservoir No. 1 for storage of up to 6.24 acre-feet on September 30, 2006, and Landy Reservoir No. 1 was filled beginning on that date and the water stored therein applied to the beneficial uses for recreation and wildlife uses. Amount. The amount of the water storage right in Landy Reservoir No. 1 is 6.24 acre-feet annually, absolute. Uses. The absolute uses of Landy Reservoir No. 1 are recreation and wildlife. The conditional uses for Landy Reservoir No. 1 are domestic, commercial, fish, irrigation, and augmentation uses. Reservoir Specifications. Landy Reservoir No. 1 has a maximum surface area at high water line of approximately 0.84 acres, a capacity of approximately 6.24 acre-feet, and a maximum depth of approximately 14 feet. Ownership: The property upon which Landy Reservoir No. 1 is located is owned by Buckhorn Ranch Association, Inc. Request to Make Absolute. In Case No. 07CW123, District Court, Water Division 4, the Court decreed recreation and wildlife uses as absolute uses for Landy Reservoir No. 1. Pursuant to § 37-92-301(4)(e), C.R.S., “[a] decreed water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed and controlled at the decreed storage structure.” Therefore, Landy Reservoir No. 1 may be made absolute for all of the decreed purposes. 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: Landy Reservoir No. 1 was constructed on September 30, 2006. Landy Reservoir No. 1 is part of an integrated water system that serves the Buckhorn Ranch residential subdivision located approximately two miles southeast of the Town of Crested Butte, Colorado (“Buckhorn Ranch”). The water system is operated by the Applicant and the water supply is obtained through water rights and a plan for augmentation as provided by the rulings and decrees in the above captioned cases. Landy Reservoir No. 1 provides a backup and legal supply of water for Buckhorn Ranch in times when the primary supply of physical water or augmentation water is insufficient to meet the demands as further build-out of Buckhorn Ranch occurs. Landy Reservoir No. 1 is also to be used to compliment Buckhorn Ranch by providing fish, wildlife, and recreational uses. Wildlife and recreation uses have already been decreed as absolute, with domestic, commercial, irrigation, fish, and augmentation uses decreed as conditional. From 2009 to the present, the Applicant has continued to operate as a water provider for Buckhorn Ranch. Applicant has maintained all water supplies, facilities, and structures in that time in order to provide water to current residences and to future residences. In the beginning on 2010 there were a total of sixty taps within Buckhorn Ranch. This is equivalent to sixty residences either fully constructed or under construction. In 2010, two taps were added to bring the total at the end of the year to sixty-two taps. In 2011, sixteen taps were added for a total of seventy-six taps. In 2012, five taps were added to bring the total to eighty-one taps. Finally, in 2015, five taps were added bringing the total to eighty six taps. Applicant has spent money on its business operations every year since the entry of the decree in Case No. 07CW123. For January through October of 2015, Applicant incurred $575.00 in accounting expenses, $10,800.00 in bookkeeping expenses, $5,000.00 in consulting fees, $1,029.28 in depreciation expenses, $1,409.80 in insurance expenses, $15,192.70 legal expenses, $16,500.00 in management fees, $365.97 in office supplies and postage, $16,189.15 operations management expenses, $3,216.04 in repairs and maintenance expenses, $165.00 in taxes and licensing expenses, $1,960.26 in utility expenses, and $386.00 in water testing expenses. The repairs and maintenance expenses from this time period included the fixing of two hydrants and the full replacement of another hydrant. The total expenses from January, 2015 through October, 2015 paid by Applicant were $72,789.20. Applicant spent a total of $55,889.36 in 2014 on similar expenses as those incurred in 2015. However, the Applicant did not incur expenses for consulting fees or repairs and maintenance in this year. Applicant spent a total of $32,395.31 in 2013 on similar expenses as those incurred in 2015. However, the Applicant did not incur expenses for consulting fees, repairs and maintenance, and taxes and licensing in this year. Applicant spent a total of $41,978.24 in 2012 on similar expenses as those incurred in 2015. However, the Applicant did not incur expenses for consulting fees or management fees this year. Applicant spent a total of $43,422.31 in 2011 on similar expenses as those incurred in 2015. However, Applicant did not incur expenses for consulting fees, management fees, repairs and maintenance, and taxes and licensing this year. Applicant spent a total of $53,658.60 in 2010 on similar expenses as those incurred in 2015. However, Applicant did not incur expenses for accounting fees, consulting fees, or management fees this year. Applicant spent a total of $32,713.25 in 2009 on similar expenses as those incurred in 2015. However, Applicant did not incur expenses for accounting fees, consulting fees, management fees, and repairs and maintenance this year. Applicant was placed under threat of foreclosure by an action filed at the end of 2014. As such, Applicant was included in a Chapter 11 bankruptcy proceeding in the beginning of 2015 in order to protect it from foreclosure and to continue operations. Currently the foreclosure proceedings are ongoing. (5 Pages). GUNNISON COUNTY.

YOU ARE FURTHER NOTIFIED THAT you have until the last day of February, 2016 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