DIVISION 5 WATER COURT – MAY 2010 RESUME

DIVISION 5 WATER COURT ANNOUNCEMENT TO ALL APPLICANTS 1. Pursuant to C.R.S. § 37-92-302(2)(b), the applicant must provide evidence to the water court substantiating that, within 10 days of filing its application, it provided a copy of such application to the owner(s) of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored. As a courtesy, the Division 5 Water Court historically sent applicants: a reminder of this statutory requirement; and a copy of the applicable water resume to the landowner(s) identified by the applicant. Due to time and budgetary constraints and because this statutory obligation of landowner notification lies with the applicant not the court, the Water Court hereby discontinues these courtesy practices.

2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW125 GARFIELD COUNTY, Concerning the Application for Water Rights of the Grand Tunnel Ditch Company in Garfield County, ; Applicant: Grand Tunnel Ditch Company c/o Stuver & LeMoine, P.C. 120 West Third Street, Rifle, Colorado, 970-625-1887, Name of structure: GRAND TUNNEL DITCH, Legal Description: NW 1/4 of the SW1/4, Section 19, Township 5 S, Range 92 West of the 6th P.M.; 1388 feet from South section line and 1258 feet from East section line; Source: Rifle Creek, Tributary to the ; Date of initiation of appropriation: November 1, 1978; appropriation was initiated by diversion and delivery of the water right for the claimed use; date water applied to beneficial use: November 1, 1978; amount claimed: 2cfs, absolute; use: providing water for livestock watering to the owners of the lands presently irrigated by the Grand Tunnel Ditch during the period from November 1 to March 15 of each year when the Grand Tunnel Ditch is not being utilized to deliver irrigation water, The ditch is located on the map attached to the application. The number of livestock watered average 300 head of cattle and 1000 head of sheep. This water right will use the existing Grand Tunnel Ditch and laterals for transport and delivery of livestock water November 1 to March 15, after conclusion of the customary irrigating season. Landowner at point of diversion: Carol Gentry. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW126 GRAND COUNTY, WATER DIVISION NO. 5, COLORADO RIVER. J. Scott Bradley, 309 Quito Place, Castle Rock, CO, 80108, Stanley W. Cazier, P.O. Box 500, Granby, CO, 80446, (970)887-3376. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. (1) Name of structure: Indian Springs Diversion No. 1, 2 and 3 (2) Source: Return flow, runoff and seepage tributary to Crooked Creek, tributary to Fraser River, tributary to Colorado River. (3) Location: Diversion No. 1-Sec. 14, T. 1S., R. 76 W. At a point 700 feet West of the East line of said Section and 300 feet South of the North line of said Section. Diversion No. 2-Sec. 11, T. 1 S., R. 76 W. Of the 6th P.M. located at a point 1750 feet West of the East line of said Section and 2550 North of the South line of said Section. Diversion No. 3-Sec. 11, T. 1 S., R. 76 W. Of the 6th P.M. at a point 2000 feet West of the East Section line of said Section and 1500 feet South of the North Section line of said Section. (4) Decreed: October 22, 1990, Case No.: 90CW125, Water Division No. 5, Appropriation Date: April 25, 1990, Amount: Diversion No. 1 and Diversion No. 2 - 0.5 cfs each; Diversion No. 3 - 0.25 cfs, all conditional. (5) Type of Use: Irrigation. The application contains a detailed outline of the work performed during the diligence period. (13 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW127 PITKIN COUNTY. ROARING FORK RIVER. Rhonda R. Vess, c/o Patrick, Miller & Kropf, P.C., Scott C. Miller, Esq. and Laura C. Makar, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structures: Collins Lot 2 Well. Type: Well. Permit No. 262262, see Exhibit “A.” Collins Lot 2 Pond. Type: Reservior. Description of conditional water rights: Original Decree, Case No. 03CW32, May 27, 2004, Division 5 Water Court. Subsequent diligence decrees: NA. Decreed legal descriptions: Collins Lot 2 Well: NE ¼ SE ¼, Section 8, Township 9 MAY 2010 RESUME WATER DIVISION 5 PAGE 2

South, Range 85 West, 6th P.M., 2,200 feet from the South line and 200 feet from the East line of said Section 8, as depicted on the map attached as Figure “1.” Collins Lot 2 Pond: NE ¼ SE ¼, Section 8, Township 9 South, Range 85 West, 6th P.M., 2,180 feet from the South line and 120 feet from the East line of said Section 8, as depicted on Figure “1.” Source of water: Collins Lot 2 Well: Roaring Fork River, tributary to the Colorado River. Collins Lot 1 Pond: Collins Lot 2 Well. Appropriation date: August 30, 2001. Amounts: Collins Lot 2 Well: 0.033 cfs (15 gpm), conditional (1.3 af/year). Collins Lot 2 Pond: 1.50 acre feet active storage, conditional. Uses: Collins Lot 2 Well: Domestic, stock watering, storage, fire protection and the irrigation of up to 5,000 square feet of lawns and gardens, augmentation, and the filling of Collins Lot 2 Pond. Collins Lot 2 Pond: Stock watering, irrigation, piscatorial, aesthetic, recreation, fire protection and augmentation. Depth: Collins Lot 2 Well: 86 feet. Remarks: The Collins Lot 2 Well and the Collins Lot 2 Pond are components of an integrated water supply plan for Applicant’s property. The pond will be excavated below natural grade and will be equipped with pumps to utilize the stored water for fire protection and irrigation. Outline of diligent effort to complete appropriation: Applicant bought the property in April 2005; the previous owner obtained a well permit and the Applicant hired Shelton Drilling to drill the well on the property and engaged Resource Engineering for a pump test and a water analysis. To prepare the property for development, Applicant engaged Resource Engineering, Inc. to conduct an engineering study regarding the feasibility of relocating the Walthen Ditch, which crosses the Applicant’s property. Applicant also engaged Patrick, Miller & Kropf, P.C. to assist in that effort. Applicant has also obtained a Basalt Water Conservancy District Water Allotment Contract to augment the water use. The Applicant has recently engaged Greg Mozian & Associates, Inc. to draft a landscape plan for the property in preparation for county land use approval. Applicant has spent in excess of $10,000 on these diligence activities. Applicant has also engaged the services of Patrick, Miller & Kropf, P.C. to monitor water rights applications, which could impact the subject water rights. The owner of the land on which the water rights are used and/or will be located is: Applicant. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW129 PITKIN COUNTY. ROARING FORK RIVER. My 3 Girls, LLC, c/o Patrick, Miller & Kropf, P.C. Scott C. Miller, Esq. and Laura C. Makar, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structures: Collins Lot 1 Well. Type: Well. Permit No. 64532-F, see attached Exhibit “A.” Collins Lot 1 Pond. Type: Reservoir. Description of conditional water rights: Original Decree, Case No. 03CW32, May 27, 2004, Division 5 Water Court. Subsequent diligence decrees: NA. Decreed legal descriptions: Collins Lot 1 Well: NE ¼ SE ¼, Section 8, Township 9 South, Range 85 West, 6th P.M., 2,350 feet from the South line and 350 feet from the East line of said Section 8, as depicted on the map attached as Figure “1.” Collins Lot 1 Pond: NE ¼ SE ¼, Section 8, Township 9 South, Range 85 West, 6th P.M., 2,420 feet from the South line and 250 feet from the East line of said Section 8, as depicted on the map attached as Figure “1.” Source of water: Collins Lot 1 Well: Roaring Fork River, tributary to the Colorado River. Collins Lot 1 Pond: Collins Lot 1 Well. Appropriation date for both structures: August 30, 2001. Amounts: Collins Lot 1 Well: 0.033 cfs (15 gpm), conditional (1.3 af/year). Collins Lot 1 Pond: 1.50 acre feet active storage, conditional. Uses: Collins Lot 1 Well: Domestic, stock watering, storage, fire protection and the irrigation of up to 5,000 square feet of lawns and gardens, augmentation, and the filling of Collins Lot 1 Pond. Collins Lot 1 Pond: Stock watering, irrigation, piscatorial, aesthetic, recreation, fire protection and augmentation. Depth: Collins Lot 1 Well: 84 feet. Remarks: The Collins Lot 1 Well and the Collins Lot 1 Pond are components of an integrated water supply system for the property. The pond will be excavated below natural grade and will be equipped with pumps to utilize the stored water for fire protection and irrigation. Outline of diligent effort to complete appropriation: Applicant bought the property in May 2005, the previous owner obtained a well permit and drilled the well on the property. The Applicant engaged Samuelson Pump Company, Inc. to install a pump in the well. To prepare the property for development, Applicant engaged Resource Engineering, Inc. to conduct an engineering study regarding the feasibility of relocating the Walthen Ditch, which crosses the Applicant’s property. Applicant also engaged Patrick, Miller & Kropf, P.C. assist in this effort. The Applicant has engaged Structural Associates to build a house on the property that should be completed sometime this summer. Structural Associates has installed a water supply system, including a water storage tank and water lines from the well to the tank and the house. Applicant has also hired Greg Mozian and Associates to install an irrigation system on the property. To date, Applicant has spent in excess of $2.1 million on these diligence activities. Applicant has also engaged the services of Patrick, Miller & Kropf, P.C. to monitor water rights applications, which could impact the subject water rights. The owner of the land on which the water rights are used and/or will be located is: Applicant. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s MAY 2010 RESUME WATER DIVISION 5 PAGE 3 attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW130 PITKIN COUNTY. CASTLE CREEK. Crystal, LLC, c/o Patrick, Miller & Kropf, P.C., Paul L. Noto, Esq. and Laura C. Makar, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structures: PPLTD Pond Nos. 3, 5 and 6. Type: Reservoir. Date of original decree: March 6, 1997. Case No. 95CW331. District Court, Water Division 5, Colorado. Subsequent decree awarding findings of diligence: Case No. 03CW44, May 10, 2004. Legal descriptions: PPLTD Pond No. 3: The center point of the dam is located at a point in the SE ¼ of the NE ¼ of the SE ¼, Section 19, Township 11 S., Range 84 W., 6th P.M., at a point 1605 feet from the south section line and 45 feet from the east section line. PPLTD Pond No. 5: The center point of the dam is located at a point in the SE ¼ of the NE ¼ of the SE ¼, Section 19, Township 11 S., Range 84 W., 6th P.M., at a point 1850 feet from the south section line and 40 feet from the east section line. PPLTD Pond No. 6: The center point of the dam is located at a point in the SE ¼ of the NE ¼ of the SE ¼, Section 19, Township 11 S., Range 84 W., 6th P.M., at a point 1980 feet from the south section line and 100 feet from the east section line. Note: The structures are located in an unsurveyed section, accordingly additional inquiry notice has been provided for the location of the reservoirs pursuant to Figure 1, on file with the court. Source: Tributary to Castle Creek, a tributary of the Roaring Fork River. Appropriation date: December 31, 1981. Decreed Amounts: PPLTD Pond No. 3: 0.7 acre feet is absolute, 0.02 acre feet is conditional. PPLTD Pond No. 5: 0.89 acre feet is absolute, 0.05 acre feet is conditional. PPLTD Pond No. 6: 0.53 acre feet is absolute, 0.03 acre feet is conditional. Use: Piscatorial, wildlife propagation, recreation, creation of wetland habitat and irrigation. Maximum height of dams: Under 10 feet. Length of dam: PPLTD Pond No. 3: 155 feet. PPLTD Pond No. 5: 285 feet. PPLTD Pond No. 6: 160 feet. Total capacity of reservoir: PPLTD Pond No. 3: 0.72 acre feet. PPLTD Pond No. 5: 0.94 acre feet. PPLTD Pond No. 6: 0.56 acre feet. A detailed outline of what has been done toward completion of the appropriation is contained in the application, on file with the court. Names and address of owner of the land upon which water is or will be stored: Applicant. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW131 (02CW160)(94CW59) IN SUMMIT COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE WATER DISTRICT, DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, Colorado 81601. 1. Snake River Water District, c/o Barbara Mertus Munyon, P.O. Box 2595, Dillon, Colorado 80435, (970) 468-0328. Copies of all pleadings to: Glenn E. Porzak, P. Fritz Holleman, 929 Pearl Street, Suite 300, Boulder, Colorado 80302, (303) 443-6800. 2. Name of Structure: Snake River Water District Supplemental Well No. 1B. 3.Description of conditional water right: Snake River Water District Supplemental Well No. 1B. A. Decree: Judgment and Decree dated April 9, 1984, entered by the District Court, Water Division No. 5, State of Colorado (“Water Court”) in Case No. 82CW430. The location of the well was corrected to the location set forth below by the Judgment and Decree in Case No. 95CW99, entered by the Water Court on May 13, 1996. Previous orders finding reasonable diligence include Case Nos. 94CW59 and 02CW160. B. Location: At a point in the NW ¼ NW ¼ of Section 24, Township 5 South, Range 77 West of the 6th P.M., 1100 feet from the North section line and 940 feet from the West section line of said Section 24, as depicted on the map attached as Exhibit A. C. Source: Groundwater tributary to the Snake River alluvium. D. Appropriation Date: July 28, 1981. E. Amount: The right was originally decreed for 750 gpm, conditional. 540 gpm was decreed absolute in Case No. 02CW160. 210 gpm remain conditional. F. Decreed Uses: Domestic, municipal (including fire protection), commercial, irrigation, and recreation use. G. Depth of Well: 117 feet. 4. Detailed outline of work done to complete project and apply water to beneficial use: The subject well is part of the integrated water supply system for the Snake River Water District (the “District”). It is one of the principal sources of water supply for the expanded commercial and retail development at the base of the Keystone ski area. Between 2004 and 2010, a total of 44.20 single-family equivalents or EQR’s were added to the service area for the subject water right. In this same period, the District substantially improved its integrated water supply system at a cost of $72,000. In addition, the District has paid for computer modeling to evaluate the best way to update and improve the subject water right. The District has also undertaken extensive long-range planning. The District hired Tetra Tech, Inc. to evaluate and research land use, population projections for the District, water demand predictions, raw water source and delivery, water treatment and corrosion control, water distribution and storage, as well as capital improvements, maintenance, a replacement plan for water systems, and water MAY 2010 RESUME WATER DIVISION 5 PAGE 4 rate determination. The District and Tetra Tech, Inc. entered a contract outlining the above services at an estimated cost of $68,000. As part of this long-range planning, the District also hired Bishop-Brogden Associates, Inc. to study future build-out projections at an estimated cost of $7,000. The District has also completed a GIS Mapping Project for a total cost of $71,957.00, which will be used to facilitate the operational and administrative management of the District, and assist with engineering requirements such as flow rates, improved function of the subject water right, and an updated treatment facility in the area of the subject well. The foregoing work and expenditures facilitate the development of the remaining conditional portion of the right and demonstrate the District’s continued diligence with respect to this right. 5. The name and address of the owner of the land on which the well is located, upon which the water is stored, and upon which water will be placed to beneficial use: Vail Summit Resorts Inc., Fixed Assets Department Vail Resorts Management, 390 Interlocken Crescent, Suite 1000, Broomfield, CO 80021. WHEREFORE Applicant requests that the Water Court issue a final decree that (i) finds that the Applicant has been reasonably diligent with respect to the Snake River Water District Supplemental Well No. 1B; (ii) continues the conditional status of the Snake River Water District Supplemental Well No. 1B in the amount of 210 gpm; and (iii) grants such other and further relief as may be appropriate. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW132 GARFIELD COUNTY; Application for Findings of Reasonable Diligence. Name, address, and telephone number of Applicant: W.R. Jacobson, 1721 Colorado River Road, Gypsum, CO 81647, with a copy to: Mary Elizabeth Geiger, Esq., Sherry A. Caloia, LLC, 1204 Grand Ave., Glenwood Springs, CO 81601, Phone (970) 945-6067. Description of conditional water rights: Name of structure: Ada Springs. Original decree: Date entered: 12/19/97. Case number: 96CW103.Court: District Court, Water Division No. 5, Subsequent Decree: Case No. 03CW261, District Court, Water Division No. 5. Decreed point of diversion: NW ¼ SE ¼, Sec 9, T 4 S, R 87 W, 6th P.M., at a point 2,500 feet from the South line and 1,150 feet from the East line of said Sec 9. Source: springs tributary to Jack Creek, tributary to Deep Creek, tributary to the Colorado River. Amounts and uses: 25 g.p.m., absolute, for domestic and stockwatering uses with an appropriation date of 1890; 0.50 c.f.s., absolute, for irrigation purposes with an appropriation date of 1990; 0.50 c.f.s., absolute, for stockwatering purposes with an appropriation date of 1990; 25 g.p.m., conditional, for domestic and commercial purposes. The Application contains a detailed outline of the work performed during the diligence period to further the development of the conditional water rights. A location map is also attached to the Application. (4 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW133 Concerning the Application for Water Rights of Applicant, MJN Land Investments, in GARFIELD COUNTY, COLORADO IN SPRINGS TRIBUTARY TO CRYSTAL RIVER. Applicant: MJN Land Investments, 1872 Prince Creek Rd., Carbondale, CO 81623, [email protected], 970-963-2494 c/o Arthur B. Ferguson, Jr., Kylie Crandall, Holland & Hart LLP, 600 E. Main St., Ste 104, Aspen, CO 81611 970 925-3476. First Water Right. Name of structure: MJN Pond as part of MJN Pond System, comprised of MJN Pond and MJN Springs, Type: reservoir. Date of Original Decree: July 10, 1998 Case No. 96CW016 Court: District Court in and for Water Division No. 5, State of Colorado. Subsequent decrees awarding findings of diligence: Case No. 03CW152, May 10, 2004. Legal description: in Garfield County in the NW1/4SW1/4, Sec. 2, T8S, R88W, 6th P.M. 1954 feet from south section line and 350 from west section line. .Source: springs and seeps in unnamed draw, tributary to the Crystal River. Appropriation Date: August 1, 1997. Amount: 0.5 af conditional. Use: irrigation, fire protection, fish propagation, wildlife habitat enhancement, livestock watering. Second Water Right. Name of structure: MJN Springs as a part of the MJN Pond System, comprised of the MJN Pond and MJN Springs. Type: spring. Date of Original Decree: July 10, 1998 Case No. 96CW016 Court: District Court in and for Water Division No. 5, State of Colorado. Subsequent decrees awarding findings of diligence: Case No. 03CW152, May 10, 2004. Legal description: in Garfield County in the NW1/4SW1/4, Sec. 2, T8S, R88W, 6th P.M. 1954 feet from south section line and 340 from west section line. Source of water: seeps and unnamed draw, tributary to the Crystal River. Appropriation Date: August 1, 1997. Amount: 0.5 cfs conditional. Use: irrigation, fire protection, fish propagation, wildlife enhancement, livestock watering. Detailed outline of what has been done toward completion or for completion of the appropriation MAY 2010 RESUME WATER DIVISION 5 PAGE 5 and application of water to a beneficial use as conditionally decreed, including expenditures: Much of the MJN Pond has been constructed and an overflow outlet has been installed. Power has been brought to the site of the MJN Pond System from a master meter and a pump was installed. A water line has been constructed to portions of the property. Approximately $4000.00 has been spent on these matters in addition to the planning, design, legal and associated fees incurred in connection with the development of these water rights. Land on which point of diversion, storage and use is owned by Applicant. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW134 GARFIELD COUNTY. Source: ground and spring water trib. to E. Divide Creek, trib. to the Colo. River. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE of Sadowski Family Partnership c/o BALCOMB & GREEN, P.C. Sara Dunn, PO Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546. Prior decree dated 8/26/1997, 96CW347 Dist. Ct., Water Div. 5, Colorado. Subsequent decree awarding findings of Diligence: 03CW184, entered 5/10/04, District Court, Water Div. 5, Colorado. Structure names, use, amt. and approp. date each right: Rose Well No. 1. Approp. date 12/2/1996, amt. 15 g.p.m. (0.033 c.f.s.), cond, for dom, irr of one acre of lawn and garden, livestock watering and fire protection. Rose Spring No. 1. Approp. date: 7/1/1991, amt 0.033 cfs, cond, for livestock watering, fire protection and storage in the Rose Ponds for those purposes or for aug. purposes. Rose Ponds No. 1-8, Approp. date: 7/1/ 1991 amt: Rose Pond No. 1, 8 AF; Rose Ponds No. 2, 3, 4, 5 and 8, 5 AF; Rose Ponds No. 6, 15 AF; Rose Pond No. 7, 20 AF. Uuses: Rose Ponds No. 1, 2, 3 4, 5 and 8: Livestock and wildlife watering, fire protection, piscatorial and wetlands creation. Rose Ponds No. 6 and 7: livestock and wildlife watering, fire protection, piscatorial, wetlands creation, dom., aug. and exchange. Legal descriptions points of diversion: Rose Well No. 1: SW1/4 NE1/4 of Sec. 32, T7S, R90W 6PM, 2900 ft. from S. Sec. Sec. line and 2600 ft. from E. Sec. Sec. line Sec. Sec. 32. Rose Spring No. 1: SW1/4 SW1/4 of Sec. 32, T7S, R90W 6PM, 600 ft. from S. Sec. line and 3800 ft. from E. Sec. line, Sec. 32. Rose Pond No. 1: pond outlet located Sec. 32, T7S, R90W, 6PM, 1850 ft. from S. Sec. line and 3800 ft. from E. Sec. line, Sec. 32. Rose Pond No. 2: pond outlet located Sec. 32, T7S, R90W, 6PM, 2100 ft. from S. Sec. line and 3500 ft. from E. Sec. line, Sec. 32. Rose Pond No. 3: pond outlet located Sec. 32, T7S, R90W, 6PM, 2150 ft. from S. Sec. line and 3300 ft. from E. Sec. line, Sec. 32. Rose Pond No. 4: pond outlet located Sec. 32, T7S, R90W, 6PM, 2300 ft. from S. Sec. line and 3050 ft. from E. Sec. line, Sec. 32. Rose Pond No. 5: pond outlet located Sec. 32, T7S, R90W, 6PM, 2350 ft. from S. Sec. line and 2850 ft. from E. Sec. line, Sec. 32. Rose Pond No. 6: pond outlet located Sec. 32, T7S, R90W, 6PM, 2350 ft. from S. Sec. line and 2600 ft. from E. Sec. line, Sec. 32. Rose Pond No. 7: pond outlet located Sec. 32, T7S, R90W, 6PM, 2250 ft. from S. Sec. line and 2200 ft. from E. Sec. line, Sec. 32. Rose Pond No. 8: pond outlet located Sec. 32, T7S, R90W, 6PM, 600 ft. from S. Sec. line and 3850 ft. from E. Sec. line, Sec. 32. A full description of Applicant’s diligence activities during the previous diligence period is contained in the application on file with the Court. CLAIM TO MAKE ABSOLUTE: Rose Spring No. 1. Date water applied to beneficial use: 6/2007. Use: livestock watering and fire protection purposes. Amt: 0.033 c.f.s. Description of place of use: Applicant’s property. Applicant owns 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 requests the Court enter a finding that Applicant has been reasonably diligent in the development of the conditional rights and a finding that the Rose Spring No. 1 has been made abs. for livestock watering and fire protection purposes, and continuing the remaining cond. water rights and uses in full force and effect for another six years (7 pgs. 2 Ex). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW136 PITKIN COUNTY, CAPITOL CREEK, TRIBUTARY TO SNOWMASS CREEK, TRIBUTARY TO ROARING FORK RIVER. Stuart and Anna Edgerly, c/o Balcomb & Green, P.C., P. O. Drawer 790, Glenwood Springs, CO 81602, (970) 945- 6546. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Prior decree: May 10, 2004, 01CW364, Dist. Ct., W.D. 5. Source: Capitol Creek, trib. to Snowmass Creek, tributary to Roaring Fork River. Appro. Date: May 24, 1999. Edgerly Spring. Legal Description: NE1/4 NW1/4, Sec. 3, T. 9 S., R. 86 West, 6th P.M. at a point 20 feet from the N. sec. line and 2,400 feet from the W. sec. MAY 2010 RESUME WATER DIVISION 5 PAGE 6 line, Sec 3 with alternate pt. of diversion at the Capitol Woods Spring Well No. 1 located at Lot 3, Sec. 3, T. 9 S., R. 86 West of the 6th P.M. at a point whence the N. quarter corner of said Sec. 3 bears N. 58 degrees, 52 minutes, 21 seconds East 987.3 feet. Amt.: 0.05 c.f.s. (22.5 gpm), cond. Use or proposed use: dom. for one single-family dwelling/caretaker unit, and irri. Edgerly Ditch. Legal Description: left bank of Capitol Creek in the NE1/4 NW1/4, Sec. 3, T. 8 S., R. 86 W., 6th P.M., at a point 10 feet from the N. line and 2,320 feet from the W. line of said Sec. 3. Amt.: 0.5 c.f.s., cond. Uses: replace evaporative losses and to fill Edgerly Pond for rec., pisc., aug. (including domestic) and fire protection. Edgerly Pond. Legal Description: (i) Location of dam: SE1/4 SW1/4, Sec. 34, T. 8 S., R. 8 West 6th P.M., at a point 150 feet from the S. sec. line and 2,500 feet from the W. sec. line at said Sec. 34. (ii) Pond is off- channel filled by the Edgerly Ditch. Amt.: 0.35 acre feet, cond. Uses: aesthetic, pisc., fire protection, rec., and aug. (including domestic use). Surface area of high water line: 0.07 acres. Max. height of dam: 0 feet; length of dam: 0 feet; total capacity of reservoir: 0.35 a.f., all active storage. Work performed during the diligence period is on file with the Court. A map showing the locations of the subject water rights is attached to the Application. The Edgerly Spring, Edgerly Ditch and Edgerly Pond are on Applicants’ property. The Capitol Woods Spring is located on land owned by Mr. James William Sharman, Jr., 2033 Claremont Lane, Houston, TX 77019. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW137 (03CW202)(95CW077). SUMMIT COUNTY. Town of Dillon, 275 Lake Dillon Drive, P.O. Box 8, Dillon, Colorado 80435, 970-468-2403. (Steven P. Jeffers, Esq., Madoline Wallace-Gross, Esq., Lyons Gaddis Kahn & Hall, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303)776-9900.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE 2. Name of Structures: This Court decreed conditional exchanges from Clinton Gulch Reservoir to Town of Dillon Well Nos. 1 through 5, Silverthorne Well Nos. 1 and 2, Town of Dillon Straight Creek Diversion, Town of Dillon Laskey Gulch Diversion, the Old Dillon Reservoir and the Old Dillon Reservoir First Enlargement. A map showing the location of the structures involved in the exchanges is attached hereto as EXHIBIT A. 3. Description of Conditional Water Rights for Augmentation Plan Exchanges: The decree approved exchanges from Clinton Gulch Reservoir to the structures described below in paragraph 3.D. as part of Dillon’s plan for augmentation. A) Date of Original Decree: The original decree was entered in Case No. 95CW077 on September 4, 1997. B) Subsequent Diligence Decrees: A diligence decree was entered in Case No. 03CW202 on May 24, 2004. C) Legal Description for Exchange-From Point: Clinton Gulch Reservoir is located in the SW¼ NW¼ of §25, T7S, R79W, 6th P.M., at a point whence the north quarter corner of said section 25 bears N33°51’50”E 2,840.44 feet. That location is 2260 feet from the north line and 900 feet from the west line. D) Legal Descriptions for Exchange-To Points. i) Town of Dillon Well No. 1 a) Decreed Location: In the NE¼ SW¼, §5, T5S, R77W, 6th P.M., at a point 1850 feet from the south section line and 2650 feet from the east section line. b) Decreed Capacity: 150 gpm. c) Decreed Amount: 230 acre feet, CONDITIONAL. ii) Town of Dillon Well No. 2 a) Decreed Location: In the SE¼ SW¼, §5, T5S, R77W, 6th P.M., at a point 750 feet from the south section line and 1750 feet from the west section line. b) Decreed Capacity: 200 gpm. c) Decreed Amount: 325 acre feet, CONDITIONAL. iii) Town of Dillon Well No. 3 a) Decreed Location: In the SE¼ SW¼, §5, T5S, R77W, 6th P.M., at a point 650 feet from the south section line and 1500 feet from the west section line. b) Decreed Capacity: 250 gpm. c) Decreed Amount: 300 acre feet, CONDITIONAL. iv) Town of Dillon Well No. 4 a) Decreed Location: In the NE¼ NE¼, §7, T5S, R77W, 6th P.M., at a point 850 feet from the north section line and 1250 feet from the east section line. b) Decreed Capacity: 200 gpm. c) Decreed Amount: 325 acre feet, CONDITIONAL. v) Town of Dillon Well No. 5 a) Decreed Location: In the SW¼ NE¼, §7, T5S, R77W, 6th P.M., at a point 1400 feet from the north section line and 2000 feet from the east section line. b) Decreed Capacity: 200 gpm. c) Decreed Amount: 325 acre feet, CONDITIONAL. The Town of Dillon Well Nos. 1-5 were all decreed in Case No. 87CW392, District Court, Water Division No. 5. The decreed source of water for each well is ground water tributary to Straight Creek. Each well is decreed for municipal use with an appropriation date of September 29, 1987. vii) Silverthorne Well No. 1 a) Decreed Location: At a point in the NE¼ SW¼, §12, T5S, R78W, 6th P.M., which is 2998 feet south of the north section line and 2522 feet east of the west section line. b) Decreed Capacity: 0.667 cfs (300 gpm). vii) Silverthorne Well No. 2 a) Decreed Location: At a point in the NE¼ SW¼, §12, T5S, R78W, 6th P.M., which is 3198 feet south of the north section line and 2062 feet east of the west section line. b) Decreed Capacity: 0.667 cfs (300 gpm). viii) Town of Dillon Straight Creek Diversion a) Decreed Location: At a point on the south bank of Straight Creek whence the SW corner of §4, T5S, R77W, 6th P.M. bears S18°13’W a distance of 2650 feet. The decreed point is 2517 feet from the south line and 828 feet from the west line. b) Decreed Amount: This diversion point was decreed as an alternate point of diversion for 3.5 cfs of the Straight Creek Ditch, appropriation date April 18, 1899 and adjudication date of March 2, 1910, by the District Court, Water Division No. 5, in Case Nos. W-12, W-13, and W-402 entered on December 29, 1972. This structure was also decreed for diversion of 1.5 cfs CONDITIONAL with appropriation date of September 29, 1987 in Case No. 87CW392. ix) Town of Dillon Laskey Gulch Diversion a) Decreed Location: MAY 2010 RESUME WATER DIVISION 5 PAGE 7

At a point on the right bank of Laskey Gulch, a tributary of Straight Creek, whence the W¼ corner of §4, T5S, R77W, 6th P.M. bears S43°46’55”W a distance of 1457.90 feet. This point is 1587 feet from the north line and 1009 feet from the west line. b) Decreed Amount: This point was decreed as an alternate point of diversion for 3.5 cfs of the Straight Creek Ditch, appropriation date April 18, 1899 and adjudication date of March 2, 1910, by the District Court, Water Division No. 5, in Case Nos. W-12, W-13, and W-402 entered on December 29, 1972. E) Decreed Source of Water: Water released from storage in Clinton Gulch Reservoir from Clinton Creek, tributary to Ten Mile Creek and the is the decreed source of water for the exchange. Clinton Gulch Reservoir was conditionally decreed by this Court in Case No. W-2559 for 4,250 acre feet with an appropriation date of June 25, 1946, for industrial, domestic, irrigation, recreation and fish and wildlife purposes. The Clinton Gulch Reservoir water right was decreed absolute by this Court in Case No. 79CW049. In Case No. 92CW065, this Court also conditionally decreed a use enlargement and second filling for Clinton Gulch Reservoir in the amount of 4,250 acre feet with an appropriation date of March 1, 1990, for domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and wildlife propagation and augmentation. The exchanges will operate from the confluence of the Blue River and Straight Creek, up Straight Creek to the points of diversion described in ¶ 3.D.i-v and viii. For the Town of Dillon Laskey Gulch Diversion, the exchange will also operate up Laskey Gulch to the point described in ¶ 3.D.ix. For the Silverthorne Wells 1 and 2, the exchanges will be made from the Blue River to the well sites described in ¶¶ 3.D.vi. and vii. F) Appropriation Date: July 21, 1992. G) Decreed Amount: 20 acre feet, CONDITIONAL, at a rate of up to 5 cfs, CONDITIONAL, or the decreed capacity of each structure, whichever is less. Dillon is entitled to divert water from these structures, provided it releases water from Clinton Gulch Reservoir in an amount equal to Dillon’s net depletions, subject to other limits of the decree. 4. Description of Conditional Water Rights for Reservoir Exchanges: A) Date of Original Decree: The original decree was entered in Case No. 95CW077 on September 4, 1997. B) Subsequent Diligence Decrees: A diligence decree was entered in Case No. 03CW202 on May 24, 2004. C) Legal Description for Exchange-From Point: Clinton Gulch Reservoir described above. D) Legal Description for Exchange-To Point: i) Old Dillon Reservoir a) Decreed Location: In the SW¼ SE¼ of §13, T5S, R78W, 6th P.M. The southwest end of Dam No. 1 is located at a point whence the south quarter corner of §13, T5S, R78W, 6th P.M. bears S3°10’W 688 feet. The southwest end of Dam No. 2 is located at a point whence the south quarter corner of §13, T5S, R78W, 6th P.M. bears S63°10’W 811 feet. b) Decreed Point of Diversion: Dillon Ditch with a capacity of 10 cfs, located on the south bank of Salt Lick Gulch, a/k/a Salt Lick Creek, at a point whence the SE corner of §14, T5S, R78W, 6th P.M. bears S81°58’E, a distance of 1,832 feet. The headgate is located in the SW¼ SE¼ of §14, approximately 260 feet from the south and 1910 feet from the east line. ii) Old Dillon Reservoir First Enlargement a) Decreed Location: In the SW¼ SE¼ and the SE¼ SW¼ of §13, T5S, R78W, 6th P.M. The approximate location of the southwest end of Dam No. 1 will be at a point whence the south quarter corner of §13, T5S, R78W, 6th P.M. bears S27°30’E a distance of 600 feet. The approximate location of the southwest end of Dam No. 2 will be at a point whence the south quarter corner of said §13, T5S, R78W, 6th P.M. bears S64°30’W a distance of 250 feet. b) Decreed Point of Diversion: Dillon Ditch as described in above. E) Decreed Source: The source of water for the exchange is Clinton Creek water released from Clinton Gulch Reservoir as described above. The source of water for diversion into Old Dillon Reservoir and the First Enlargement is Salt Lick Gulch, tributary to the Blue River. F) Appropriation Date: July 21, 1992. G) Decreed Amount: 20 acre feet, CONDITIONAL, at a rate of up to 10 cfs, CONDITIONAL. H) Decreed Use: Water may be exchanged for municipal use within the Town of Dillon and such other areas as may be provided water by the Town of Dillon pursuant to agreement, augmentation, replacement and exchange. 5. Claim for Diligence Including Expenditures: The subject conditional exchanges are part of an integrated water system for the Town of Dillon. Applicant claims diligence on the subject conditional exchanges and in furtherance thereof, has expended in excess of $271,533 during the diligence period on the following activities: A) Completed environmental and hydrology studies and designed facilities for enlargement of Old Dillon Reservoir. B) Applied for and/or obtained permits from the U.S. Forest Service, Army Corps of Engineers, Summit County, and other entities for enlargement of Old Dillon Reservoir. C) Established a water authority to construct and operate the enlarged reservoir in cooperation with Summit County, Town of Silverthorne and Colorado River Water Conservation District. D) Opposed other water court applications that may affect the subject water rights. E) Adjudicated water court cases including Case Nos. 05CW124, 05CW125, 05CW126 and pending applications in Case Nos. 07CW232 and 10CW102 related to the subject facilities. 6. If a Claim to Make Absolute, Water Applied to Beneficial Use: N/A. 7. Names and addresses of owners of land on which structures are or will be located: Town of Dillon Well No. 1: Dillon Valley East Condo Association, 1113 Straight Creek Drive (CR 58), P.O. Box 10000, Silverthorne, CO 80498. Town of Dillon Well Nos. 2 and 3: Straight Creek Ponds Owners Association, c/o Mountain Managers, 1121 Dillon Dam Rd., P.O. Box 647, Frisco, CO 80443-0647. Town of Dillon Well No. 4: Dillon Valley District, 390 Straight Creek Drive (CR 58), P.O. Box 669, Dillon, CO 80435. Town of Dillon Well No. 5: Archdiocese of , Real Estate Dept., 1300 South Steele Street, Denver, CO 80210. Town of Silverthorne Well Nos. 1 and 2: Town of Silverthorne, 264 Brian Avenue, P.O. Box 1309, Silverthorne, CO 80498. Dillon Blue River Intake: City and County of Denver, Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80204. Dillon Straight Creek Diversion, Dillon Laskey Gulch Diversion, Dillon Ditch and OId Dillon Reservoir: Forest Service, Rocky Mountain Region, 740 Simms St. Golden, CO 80401. Clinton Gulch Reservoir: Clinton Ditch and Reservoir Company, c/o Vail Resorts Management Co., 390 Interlocken Crescent, 9th Floor, Broomfield, CO 80021. WHEREFORE, Applicant requests the Court to enter a decree finding that Applicant is entitled to a finding of reasonable diligence, and continuing the conditional water rights for another six years. (11 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part MAY 2010 RESUME WATER DIVISION 5 PAGE 8 or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW138 Concerning the First Amended Application for Water Rights of Snowmass Land Company and Snowmass Club Associates, in PITKIN COUNTY, COLORADO IN BRUSH CREEK TRIBUTARY TO ROARING FORK RIVER. Applicants: Snowmass Land Company and Snowmass Club Associates, by and through their undersigned counsel, respectfully request that the Court enter a finding of reasonable diligence, and as grounds therefore state as follows: Name, address, email address, and telephone number of applicants: Snowmass Land Company, c/o Scott Taylor, Perlmutter Investment Company, 1849 Greenbay Road, 4th Floor, Highland Park, IL 60035, [email protected], 847.748.3170; Snowmass Club Associates, P.O. Box 1248, Aspen, CO 81612, [email protected], 970.925.1220. Direct all pleadings to: Scott C. Miller, Patrick, Miller & Kropf, PC, 730 E. Durant, Suite 200, Aspen, CO 81611, [email protected], and Arthur B. Ferguson, Jr., Kylie J. Crandall, Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, CO 81611, [email protected], [email protected]. Name of Structure: Snowmass Effluent Pipeline; Type: ditch; Date of Original Decree: Nov. 5, 1971; Case No. CA 5884; Court: Garfield County District Court. Subsequent decrees awarding findings of diligence: May 1, 1997 in Case No. 94CW111; May 19, 2004 in Case No. 03CW95. Legal description: In Pitkin County in the SW 1/4 of the SE 1/4, Sec 31, T9S, R85W, 6th P.M., 1030 feet from south section line and 2020 feet from east section. The original decreed point of diversion is located at a point 20 feet below the outlet of the Polishing Pond of the Snowmass Water and Sanitation District Sewage Treatment Plant whence the witness corner of the Southwest Corner of Section 31, Township 9 South, Range 85 West of the 6th P.M. bears South 77º33’30” West 3,354 feet): Source: Snowmass Water and Sanitation District Sewage Treatment Plant Polishing Pond, tributary to Brush Creek, tributary to the Roaring Fork River. Appropriation Date: October 29, 1965. Amount: 5.0 cfs of which 1.72 has been made absolute for irrigation and the remaining 3.28 cfs is conditional with the additional decreed uses for the full decreed amount remaining conditional. Use: Irrigation, industrial and other beneficial uses. 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 is set forth in the Amended Application. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW139 SUMMIT COUNTY; NORTH FORK OF THE SNAKE RIVER. Dundee Resort Development, LLC, c/o Michael J. Sawyer, Esq., Karp Neu Hanlon, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence. Name of structure: Arapahoe Basin Snowmaking Reservoir, First Enlargement. Date of original decree: July 30, 2002, in Case No. 98CW95, in the District Court in and for Water Division No. 5. Subsequent Decree Awarding Findings of Diligence: Case No. 03CW223, entered on May 24, 2004. Decreed location: The Arapahoe Basin Snowmaking Reservoir, First Enlargement, is in an unsurveyed portion of Summit County near the Arapahoe Basin lodge at UTM Coordinates 4,388,034m North and 424,718m East Zone 13. Latitude 39°38'26.40", Longitude 105°52'38.34" West. Source: North Fork of the Snake River. Appropriation date: September 1997. Amount: 3.6 acre-feet, absolute for artificial snowmaking, domestic and commercial purposes (see Case No. 03CW233), and 1.9 acre-feet, conditional, for artificial snowmaking, domestic and commercial purposes. Use: Artificial snowmaking, domestic and commercial. Total capacity of reservoir in acre-feet: 7.5 acre-feet. Active capacity in acre-feet: 7.5 acre-feet. Dead storage in acre-feet: 0 acre-feet. Claim for diligence: Applicant requests a finding of diligence for 1.9 acre-feet, conditional, for the Arapahoe Basin Snowmaking Reservoir, First Enlargement, for artificial snowmaking, domestic and commercial uses. Provide a detailed outline of what has been done towards the development of the conditional water right, including expenditures. See Exhibit A on file with the Water Court. The Arapahoe Basin Snowmaking Reservoir, First Enlargement is located on Property owned by Applicant or on property owned by the U.S. Forest Service. The address of the Dillon Ranger District is 680 Blue River Parkway, Silverthorne, CO 80498. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s MAY 2010 RESUME WATER DIVISION 5 PAGE 9 attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW140 (PITKIN, WEST SOPRIS CREEK, WATER DIST. 38) Applicant: Alan Kokish and Diana Keyser, c/o Rhonda J. Bazil, Rhonda J. Bazil, P.C., 632 E. Hopkins Ave., Aspen, CO 81611 (970) 925-7171. Structure: Shippee Ditch, Gardenswartz Enlargement.Type of application: Reasonable Diligence. Drainage basin: West Sopris Creek. Location: SW1/4 NE1/4, S23, T8S, R87W, 6th P.M., 2600 feet from the North line and 2,300 feet from the East line. Type of use: livestock. Type of structure: Ditch. Quantity: 0.05 c.f.s. Appropriation date: June 1, 1990. Name of owner of land on which structure is located: Applicant. The application contains a detailed description of the activities performed during the diligence period. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW143 GARFIELD COUNTY; COLORADO RIVER ALLUVIUM. Keralsa, LLC, Watermark LLC, Scott M. Miller and Mark L. Burner, and Toucan Land Co RLLLP, collectively d/b/a Rippy Exemption Water Association, PO Box 2198, Glenwood Springs, CO 81602, c/o Loyal E. Leavenworth, Esq., Loyal E. Leavenworth, P.C., P.O. Box 1530, Carbondale, CO 81623. Application to Make Conditional Water Right Absolute or in the Alternative Application for Finding of Reasonable Diligence. Name of structures: Rippy Well Nos. 1, 2, and 3. Date of original decree: November 28, 1984, in Case No. 82CW145, in the District Court in and for Water Div. 5. Location: Rippy Well No. 1 is located in the NE1/4SE1/4 of Section 5, Township 6 South, Range 91 West of the 6th Prime Meridian at a point 1773 feet North of the South line and 215 feet West of the East line of said Section 5. Rippy Well No. 2 is located in the NE1/4SE1/4 of Section 5, Township 6 South, Range 91 West of the 6th Prime Meridian at a point 1913 feet North of the South line and 50 feet Wet of the East line of said Section 5. Rippy Well No. 3 is located in the NE1/4SE1/4 of Section 5, Township 6 South, Range 91 West of the 6th Prime Meridian at a point 2063 feet North of the South line and 50 feet West of the East line of said Section 5. Rippy Well No. 3 was issued Permit No. 45233-F and is located on Tract 4 of the Rippy Exemption, 38246 River Frontage Road, New Castle, CO 81647. Source: Colorado River alluvium. Appropriation date: January 1, 1970. Amount: 0.067 c.f.s. each. In Case No. 01CW050, the Court entered a decree making absolute 0.057 c.f.s. (25.7 g.p.m.) of the 0.067 c.f.s. decreed to the Rippy Well No. 3, and found reasonable diligence in the development of the remaining conditional portion of this decree. Rippy Well Nos. 1 and 2 remain conditional for their full decreed amounts. Use: Irrigation, commercial, and domestic. The Application provides a detailed outline of what has been done towards the development of the conditional water right, including expenditures. The Rippy Well Nos. 1, 2, and 3 are located on Property owned by Applicants. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW144 (98CW300) IN GARFIELD COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN THE MATTER OF THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF M.R. LOOKOUT, LLC; J.D. LOOKOUT, LLC; FLYING FINGER LLC; AND CAROLINE APTS. CO., DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and Address of Applicants: M.R. Lookout, LLC; J.D. Lookout, LLC; Flying Finger LLC; and Caroline Apts. Co. c/o Mr. Robert Danial, 5151 Collins Avenue, Suite 1727, Miami Beach, FL 33140. Direct all pleadings to: Kristin H. Moseley, Katherine A.D. Ryan, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302 2. Background: The original claimant in Case No. 98CW300 was the predecessor in interest to M.R. Lookout, LLC; J.D. Lookout, LLC; Flying Finger LLC; and Caroline Apts. Co. After the District Court in and for Water Division No. 5 decreed the subject conditional water rights in Case No. 98CW300, Applicants’ predecessor in interest (1) conveyed said water rights to the Basalt Water Conservancy District (“BWCD”) via Special Warranty Deed recorded on June 14, MAY 2010 RESUME WATER DIVISION 5 PAGE 10

2004, and (2) entered a long-term lease with the BWCD dated June 17, 2004, in order to secure an interest in said water rights for their decreed uses, as described below. The long-term lease requires Applicants to maintain diligence on the conditional water rights claimed herein. 3. Name of Structures: A. Lookout Mountain Ranch Pond No. 1 B. Lookout Mountain Ranch Pond No. 2 C. Lookout Mountain Ranch Pond No. 3 D. Lookout Mountain Ranch Pond No. 4 E. Lookout Mountain Ranch Pond No. 5 F. Lookout Mountain Ranch Pond No. 6 G. Lookout Mountain Ranch Pond No. 7 H. Lookout Mountain Ranch Pond No. 8 I. Red Ditch Pump and Pipeline, First Enlargement. 4. Description of Conditional Water Rights: A. Description of Storage Water Rights: 1. Original Decree: Lookout Mountain Ranch Pond Nos. 1-8 were decreed by the District Court in and for Water Division No. 5 in Case No. 98CW300, dated May 19, 2004. 2. Decreed Locations: (a) Lookout Mountain Ranch Pond No. 1: The center of the dam for Pond No. 1 is located in the NW 1/4 of the NE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 1675 feet from the East Section line and 290 feet from the North Section line. (b) Lookout Mountain Ranch Pond No. 2: The center of the dam for Pond No. 2 is located in the SE 1/4 of the NW 1/4 of Section 24, T.6 S., R. 89 W. of the 6th P.M. at a point 2300 feet from the West Section line and 1800 feet from the North Section line. (c) Lookout Mountain Ranch Pond No. 3: The center of the dam for Pond No. 3 is located in the NE 1/4 of the SE 1/4 of Section 23, T.6 S., R. 89 W. of the 6th P.M. at a point 585 feet from the East Section line and 2450 feet from the South Section Line. (d) Lookout Mountain Ranch Pond No. 4: The center of the dam for Pond No. 4 is located in the NE 1/4 of the SE 1/4 of Section 23, T.6 S., R. 89 W. of the 6th P.M. at a point 1010 feet from the East Section line and 2400 feet from the South Section line. (e) Lookout Mountain Ranch Pond No. 5: The center of the dam for Pond No. 5 is located in the NW 1/4 of the SE 1/4 of Section 23, T.6 S., R. 89 W. of the 6th P.M. at a point 1525 feet from the East Section line and 2380 feet from the South Section line. (f) Lookout Mountain Ranch Pond No. 6: The center of the dam for Pond No. 6 is located in the NW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 1970 feet from the East Section line and 2364 feet from the South Section line. (g) Lookout Mountain Ranch Pond No. 7: The center of the dam for Pond No. 7 is located in the NW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 2280 feet from the East Section line and 2290 feet from the South Section line. (h) Lookout Mountain Ranch Pond No. 8: The center of the dam for Pond No. 8 is located in the NW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 980 feet from the East Section line and 1890 feet from the South Section line. 3. Source: Red Canyon Creek, tributary to the Roaring Fork River, tributary to the Colorado River via diversions under the Red Ditch Pump and Pipeline First Enlargement. 4. Appropriation Date: December 31, 1998, for each pond. Amount: (a) Lookout Mountain Ranch Pond No. 1: 17.8 acre-feet, conditional. (b) Lookout Mountain Ranch Pond No. 2: 6.7 acre-feet, conditional. (c) Lookout Mountain Ranch Pond No. 3: 6.1 acre-feet, conditional. (d) Lookout Mountain Ranch Pond No. 4: 7.0 acre-feet, conditional. (e) Lookout Mountain Ranch Pond No. 5: 9.0 acre-feet, conditional. (f) Lookout Mountain Ranch Pond No. 6: 6.9 acre-feet, conditional. (g) Lookout Mountain Ranch Pond No. 7: 4.8 acre-feet, conditional. (h) Lookout Mountain Ranch Pond No. 8: 4.3 acre-feet, conditional. 6. Decreed Uses: irrigation, domestic, augmentation, storage, piscatorial and aesthetic for each pond. B. Description of Surface Water Right: 1. Original Decree: The Red Ditch Pump and Pipeline, First Enlargement was decreed by the District Court in and for Water Division No. 5 in Case No. 98CW300, dated May 19, 2004. 2. Decreed Location of Point of Diversion: NE1/4 of the SE1/4 of Section 24, T. 6 S., R. 87 W. of the 6th P.M. at a point 800 feet from the East Section line and 2500 feet from the South Section line. 3. Source: Red Canyon Creek, tributary to the Roaring Fork River and tributary to the Colorado River. 4. Appropriation Date: December 31, 1998. 5. Amount: 3.0 c.f.s., conditional. 6. Decreed Uses: Domestic, augmentation, storage, irrigation, and fill and refill of the Lookout Mountain Ranch Pond Nos. 1-8. 5. Work Done to Complete Project and Apply Water to Beneficial Use: Since the last diligence decree was entered in Case No. 98CW300, Applicants have undertaken the following specific activities that demonstrate diligence with regard to the subject conditional rights: A. The subject water rights will be an essential aspect of the water supply system for the Lookout Mountain Ranch, a development to be located in Garfield County, Colorado. B. Applicants have hired land planning consultants to design a development strategy, and engineers to conduct roadway studies and analysis, which are preconditions to developing the Lookout Mountain Ranch. C. Applicants retained attorneys to oversee matters including water right issues arising from the purchase and development of the Lookout Mountain Ranch. D. The predecessor in interest to Applicants acquired a water allotment contract from the BWCD. Applicants have continued to pay annually for the water service provided under this contract. E. Applicants have expended in excess of $44,000 associated with the foregoing activities necessary for planning and executing the future development to be served by the subject water rights. F. Applicants fully intend to develop and utilize the subject conditional water rights to the full decreed amounts. All of these expenditures and work are necessary preconditions to apply the subject water rights to the beneficial uses for which they are decreed. 6. Ownership: Applicants M.R. Lookout, LLC; J.D. Lookout, LLC; Flying Finger LLC; and Caroline Apts. Co. own the land upon which the Lookout Mountain Ranch Pond Nos. 1-8 and the Red Ditch Pump and Pipeline, First Enlargement are located. WHEREFORE, Applicants request that the court enter a finding of reasonable diligence with respect to Lookout Mountain Ranch Pond No. 1, Lookout Mountain Ranch Pond No. 2, Lookout Mountain Ranch Pond No. 3, Lookout Mountain Ranch Pond No. 4, Lookout Mountain Ranch Pond No. 5, Lookout Mountain Ranch Pond No. 6, Lookout Mountain Ranch Pond No. 7, Lookout Mountain Ranch Pond No. 8, and the Red Ditch Pump and Pipeline, First Enlargement. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. MAY 2010 RESUME WATER DIVISION 5 PAGE 11

18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW145 (03CW64)(92CW269) EAGLE COUNTY - RED CANYON CREEK, TRIBUTARY OF THE EAGLE RIVER. Red Canyon Estates Homeowners’ Association, Inc., Doug McMurrain, Registered Agent, 1601 Red Canyon Creek Road, Edwards, Colorado 81632-4939, Telephone: (404) 275-7100; Churchill Bird McMurrain, 1601 Red Canyon Creek Road, Edwards, Colorado 81632-4939, Telephone: (404) 275-7100, and Ronald and Deborah Martini, Post Office Box 2452, Edwards, Colorado 81632, Telephone: 970-926-0816, c/o David L. Kueter, Esq., Harvey W. Curtis & Associates, 8310 South Valley Highway, Suite 230, Englewood, Colorado 80112, Telephone: (303) 292-1144. APPLICATION FOR FINDING OF REASONABLE DILIGENCE.2. Names of structures: 2.a. Red Canyon Estates Pond No. 5. 2.b. Red Canyon Estates Lot 5 Pond No. 5 Irrigation Pump. 2.c. Red Canyon Estates Lot 12 Spring No. 1. 2.d. Red Canyon Estates Community Landscape Pump and Pipeline. 3. Describe conditional water rights giving the following from the Judgment and Decree: 3.a. Red Canyon Estates Pond No. 5. 3.a.(1) Date of original decree: March 28, 1997, Case No. 92CW296, in the District Court, Water Division No. 5, State of Colorado. 3.a.(2) Subsequent decree(s) awarding findings of diligence: May 19, 2004, Case No. 2003CW64, in the District Court, Water Division No. 5, State of Colorado. 3.a.(3) Location: The Red Canyon Estates Pond No. 5 is located on Lot 5, Red Canyon Estates Subdivision in the southwest quarter of the northeast quarter, Section 25, Township 4 South, Range 83 West of the 6th P.M., Eagle County, Colorado, more specifically described as follows: The point of intersection of the centerline of the dam and the spillway is located whence the northeast corner of Section 25 bears North 58 degrees 00 minutes East 3,130 feet. The location of Lot 5 is shown on the map attached hereto as Exhibit A. 3.a.(4) Source: Red Canyon Creek, seeps, springs and precipitation runoff tributary to Red Canyon Creek, tributary to the Eagle River. 3.a.(5) Appropriation Date: June 1, 1986. 3.a.(6) Decreed Amount: 2.0 acre feet, conditional. 3.a.(7) Decreed Uses: Red Canyon Estates Pond No. 5 was decreed the right to fill and maintain full continually when in priority for application to the following uses: domestic, stock watering, piscatorial, aesthetic, fire suppression, dust suppression, wildlife, augmentation, recreation and the irrigation of 56 acres. The area to be irrigated by the Red Canyon Estates Pond No. 5 is located within the Red Canyon Estates as shown on Exhibit A. The exclusive right to the use of Red Canyon Estates Pond No. 5 for recreation purposes was decreed in Case No. 92CW296 to the then-owners of Lot 5, Sharon Ann Leevers. 3.a.(8) Depth (if well): Not applicable. 3.b. Red Canyon Estates Lot 5 Pond No. 5 Irrigation Pump 3.b.(1) Date of original decree: March 28, 1997, Case No. 92CW296, in the District Court, Water Division No. 5, State of Colorado. 3.b.(2) Subsequent decree(s) awarding findings of diligence: May 19, 2004, Case No. 2003CW64, in the District Court, Water Division No. 5, State of Colorado. 3.b.(3) Location: The Red Canyon Estates Lot 5 Pond No. 5 Irrigation Pump diverts from the Red Canyon Estates Pond No. 5, as described in paragraph 3.a.(3), above. 3.b.(4) Source: Red Canyon Creek, seeps, springs and precipitation runoff tributary to Red Canyon Creek, tributary to the Eagle River. 3.b.(5) Appropriation Date: June 1, 1986. 3.b.(6) Decreed Amount: 0.15 c.f.s., conditional. 3.b.(7) Decreed Uses: Domestic, stock watering, fish propagation, recreation, wildlife, hydropower, fire suppression, dust suppression, aesthetics, irrigation of approximately 56 acres and storage. The area to be irrigated by the Red Canyon Estates Lot 5 Pond No. 5 Irrigation Pump is located within the Red Canyon Estates as shown on Exhibit A. 3.b.(8) Depth (if well): Not applicable. 3.c. Red Canyon Estate Lot 12 Spring No. 1. 3.c.(1) Date of original decree: March 28, 1997, Case No. 92CW296, in the District Court, Water Division No. 5, State of Colorado. 3.c.(2) Subsequent decree(s) awarding findings of diligence: May 19, 2004, Case No. 2003CW64, in the District Court, Water Division No. 5, State of Colorado. 3.c.(3) Location: The source of supply for the claimed water right is a spring as defined in C.R.S. § 37-90-107(21)(b) and is located on Lot 12, Red Canyon Estates Subdivision, in the southeast quarter of the northeast quarter of Section 24, Township 4 South, Range 83 West of the 6th P.M., Eagle County, Colorado, more specifically described as follows: The spring area consists of seeps and springs within a circular area 100 feet in radius, the centroid of which is located whence the southeast corner of said Section 24 bears south 23 degrees 15 feet east 3,610 feet. 3.c.(4)Source: Red Canyon Creek, seeps, springs and precipitation runoff tributary to Red Canyon Creek, tributary to the Eagle River. 3.c.(5) Appropriation Date: June 1, 1986. 3.c.(6) Decreed Amount: 0.1 c.f.s, conditional. 3.c.(7) Decreed Uses: Domestic, stock watering, fish propagation, recreation, wildlife, hydropower, fire suppression, dust suppression, aesthetics, irrigation of approximately 56 acres and storage. The area to be irrigated by the Red Canyon Estates Lot 12 Spring No. 1 is located within the Red Canyon Estates as shown on Exhibit A. 3.c.(8) Depth (if well): Not applicable. 3.d. Red Canyon Estates Community Landscape Pump and Pipeline. 3.d.(1) Date of original decree: March 28, 1997, Case No. 92CW296, in the District Court, Water Division No. 5, State of Colorado. 3.d.(2) Subsequent decree(s) awarding findings of diligence: May 19, 2004, Case No. 2003CW64, in the District Court, Water Division No. 5, State of Colorado. 3.d.(3)Location: The point of diversion is located within the access road and utility easement on Lot 13, Red Canyon Estates Subdivision, in the northeast quarter, southeast quarter, Section 24, Township 4 South, Range 83 West of the 6th P.M., Eagle County, Colorado at a point whence the southeast corner of said Section 24 bears south 27 degrees east, 2,660 feet. 3.d.(4) Source: Red Canyon Creek, seeps, springs and precipitation runoff tributary to Red Canyon Creek, tributary to the Eagle River. 3.d.(5) Appropriation Date: June 1, 1986. 3.d.(6) Decreed Amount: 0.5 c.f.s, conditional. 3.d.(7) Decreed Uses: Domestic, stock watering, fish propagation, recreation, wildlife, hydropower, fire suppression, dust suppression, aesthetics, irrigation of approximately 56 acres and storage. The area to be irrigated by the Red Canyon Estates Community Landscape Pump and Pipeline is located within the Red Canyon Estates as shown on Exhibit A. 3.d.(8) Depth (if well): Not applicable. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and MAY 2010 RESUME WATER DIVISION 5 PAGE 12 application of water to a beneficial use as conditionally decreed, including expenditures: 4.a. Applicants have spent in excess of $1,000.00 in legal fees and costs since October 2009 in connection with Applicants ‘water rights, including the rights which are the subject of this application. 4.b. The conditional water rights which are the subject of this application are part of Applicants’ augmentation plan decreed in Case No. 92CW296. During the subject diligence period, Applicant has paid over $5,800.00 to the United States Bureau of Reclamation, under Green Mountain Reservoir Contract No. 4-07-60-W1057, for augmentation releases in accordance with the decree in Case No. 92CW296. 5. If claim to make absolute: Not applicable. 6. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. 6.a. Red Canyon Estates Pond No. 5 and Red Canyon estates Lot 5 Pond No. 5 Irrigation Pump: Applicants Ronald and Deborah Martini. 6.b. Red Canyon Estates Lot 12 Spring No. 1: Applicant Churchill Bird McMurrain. 6.c. Red Canyon Estates Community Landscape Pump and Pipeline: Applicant Red Canyon Estates Homeowners Association. (9 pages, including 1 page of exhibits.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW147 PITKIN COUNTY. KAISER CREEK, CASTLE CREEK, ROARING FORK RIVER. Elk Mountain Lodge, LLC, c/o Patrick, Miller & Kropf, P.C., Paul L. Noto, Esq. and Laura C. Makar, Esq. 730 E. Durant Ave., Suite 200, Aspen, CO 81611. (970) 920-1028. APPLICATION FOR WATER STORAGE RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING EXCHANGE. First Claim: For Water Storage Right Name of Reservoir: Upper Elk Mountain Reservoir, First Enlargement. Legal description of reservoir dam: The reservoir is located in the SW ¼, SW ¼, Section 20, Township 11 South, Range 84 West of the 6th P.M., at a point approximately 123 feet from the south section line and 481 feet from the west section line. A map of the reservoir is attached as Figure 2. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Elk Mountain Ditch, with a capacity of approximately 3 c.f.s. The decreed point of diversion for the Elk Mountain Ditch is located at a point where Corner No. 4 of the Elk Mountain Lodge Ranch bears N. 64° E. 640 feet, also described as a point where the East Quarter Corner of Sec. 19, T. 11 S., R. 84 W., 6th P.M., bears N. 71° E. 1650 feet. The headgate is located in the SE ¼, SE ¼, S. 19, T. 11 S., R. 84 W., 6th P.M., at a point approximately 842 feet from the south section line and 392 feet from the east section line. Source: Kaiser Creek, a tributary of Castle Creek and the Roaring Fork River, via deliveries through the Elk Mountain Ditch. Date of Appropriation: December 1, 2007. How appropriation was initiated: By formulation of intent, enlarging, and filling the reservoir. Date water applied to beneficial use: October 1, 2008. Amount claimed: 3.62 acre-feet, absolute. If off-channel reservoir, rate of diversion in c.f.s. for filling the reservoir. 2 c.f.s., absolute. Uses: Recreation, aesthetic, piscatorial, irrigation, and augmentation. If irrigation, complete the following: Number of acres historically irrigated: 7.85. Total number of acres proposed to be irrigated: 7.85. Legal description of acreage irrigated or to be irrigated: In the SW ¼, SW ¼, Section 20, Township 11 South, Range 84 West of the 6th P.M, generally surrounding the ponds, which are shown in Figure 2. This is the same irrigation under the Upper Elk Mountain Reservoir, as decreed in Case No. 00CW247. Surface area of high water line: Approximately 0.765 acres. Maximum height of dam: Less than 10 feet. Length of dam: Approximately 200 feet. Total capacity of reservoir: 5.2 acre-feet. Active capacity: 2.8 acre-feet. Dead storage: 2.4 acre-foot. The name and address of owner upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Second Claim: For Approval of Plan for Augmentation. Name of structures to be augmented: Elk Mountain Well No. 1, Upper Elk Mountain Reservoir, Upper Elk Mountain Reservoir, First Enlargement; and Lower Elk Mountain Reservoir. Previous decree for Elk Mountain Well No. 1: Case No. 87CW201. Appropriation Date: November 16, 1987, based on the drilling date. Amount: 0.0557 c.f.s. (25 g.p.m.). Source: Castle Creek alluvium, tributary to the Roaring Fork River, tributary to the Colorado River. Decreed uses: Irrigation and domestic. Legal description of structure: The decreed point of diversion is in the NE ¼, SE ¼ , Sec. 19, T. 11 S., R. 84 W., 6th P.M., 2240 feet from the south section line and 400 feet from the east section line. Applicant filed pending Case No. 08CW105 to change the point of diversion for this structure to a new point of diversion in the SW ¼, SW ¼, Sec. 20, T. 11 S., R. 84 W., 6th P.M., 551 feet from the south section line and 30 feet from the west section line (UTM NAD 83, 13 03 44 045 E, 43 26 357 N). There are no other water rights diverted from this structure. Previous decree for Upper Elk Mountain Reservoir: Case No. 87CW369 (1 of 2). Appropriation Date: June 1, 1939 for piscatorial, stock watering, and fish propagation. June 11, 1987 for irrigation, domestic, commercial, augmentation, and exchange. Amount: 1.58 acre-feet, absolute. Source: Kaiser Creek, a tributary of Castle Creek and the Roaring Fork River, via deliveries through the Elk Mountain Ditch. Decreed uses: Piscatorial, stock watering, fish propagation, irrigation, domestic, commercial, augmentation, and exchange. Legal description of structure: The decreed location is a dam situate in HES No. 95, T. 11 S., R. 84 W. of the 6th P.M., the centerline of said dam being more particularly MAY 2010 RESUME WATER DIVISION 5 PAGE 13 described as beginning at a point whence Corner No. 1 of said HES 95 bears S. 06°45’ West 2503 feet; also whence the E ¼ Corner of Sec. 30, T. 11 S., R. 84 W. of the 6th P.M. (suspended survey) bears S. 04°35’ E. 4325 feet; thence N. 80°46’ E. 48 feet; thence N. 50°15’ E. 75 feet; thence N. 00°48’ W. 50 feet (Pitkin County). The dam is also described as being in the SW ¼, SW ¼, Section 20, Township 11 South, Range 84 West of the 6th P.M., at a point approximately 123 feet from the south section line and 481 feet from the west section line. There are no other water rights diverted from this structure. Previous decree for Lower Elk Mountain Reservoir: Case No. 87CW369 (2 of 2). Appropriation Date: June 1, 1939 for piscatorial, stock watering, and fish propagation. June 11, 1987 for irrigation, domestic, commercial, augmentation, and exchange. Amount: 3.05 acre-feet, absolute. Source: Kaiser Creek, a tributary of Castle Creek and the Roaring Fork River, via deliveries through the Elk Mountain Ditch. Decreed uses: Piscatorial, stock watering, fish propagation, irrigation, domestic, commercial, augmentation, and exchange. Legal description of structure: The decreed location is a dam situate in HES No. 95, T. 11 S., R. 84 W. of the 6th P.M., the centerline of said dam being more particularly described as beginning at a point whence Corner No. 1 of said HES 95 bears S. 01°57’ W. 3197 feet; also whence the E ¼ Corner of Sec. 30 (suspended survey) bears S. 06°03’ E. 5049 feet; thence N. 47°08’ E. 37 feet; thence S. 88°43’ E. 90 feet (Pitkin County). The dam is also described as being in the SW ¼, SW ¼, Section 20, Township 11 South, Range 84 West of the 6th P.M., at a point approximately 828 feet from the south section line and 289 feet from the west section line. There are no other water rights diverted from this structure. Previous decree for Upper Elk Mountain Reservoir, First Enlargement: N/A, see first claim above. Water rights to be used for augmentation: Upper Elk Mountain Reservoir and First Enlargement. Date of original and all relevant subsequent decrees: Case No. 87CW369 (July 22, 1988), Case No. 94CW159 (December 9, 1994), Case No. 00CW247 (January 8, 2002). Type of water right: Storage. Legal description of each point of diversion or storage structure: see above. Lower Elk Mountain Reservoir. Date of original and all relevant decrees: Case No. 87CW369 (July 22, 1988), Case No. 94CW159 (December 9, 1994), Case No. 00CW247 (January 8, 2002). Type of water right: Storage. Legal description of each point of diversion or storage structure: The dam is located whence Corner No. 1 of said H.E.S. 95 bears south 01º57’ west 3197 feet; also whence the east ¼ of section 30 (suspended survey) bears south 06º03’ east 5049 feet; thence north 47º08’ east 37 feet; thence south 88º43’ east 90 feet (Pitkin County). The dam is also described as being in the SW ¼, SW ¼, Section 20, Township 11 South, Range 84 West of the 6th P.M., at a point approximately 828 feet from the south section line and 289 feet from the west section line. Basalt Water Conservancy District Allotment Contract: Pursuant to an allotment contract, 3.4 acre-feet of the following water rights will be made available to Applicant for augmentation: Ruedi Reservoir for the benefit of the Basalt Water Conservancy District: Ruedi Reservoir was originally decreed in C.A. No. 4613, District Court, Garfield County, on June 20, 1958, with an appropriation date of July 29, 1957. In Case No. W-789-76, District Court, Water Division No. 5, the decreed storage capacity for the reservoir was reduced to 102,369 acre-feet. The 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 Acts of October 27, 1974 (88 Stat. 1486) and November 3, 1978 (92 Stat. 2492), in substantial accordance with House Doc. No. 187 83rd Congress, 1st Session, as modified by House Doc. 353, 86th Congress, 2nd Session. The reservoir is subject to the Operating Principles for the Fryingpan-Arkansas Project as set forth in House Doc. 130, 87th Cong., 1st Session. It 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: The reservoir was 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 source of the reservoir is the Blue River, tributary to the Colorado River. Its decreed storage capacity is 154,645 acre-feet. The reservoir is operated the U.S. Bureau of Reclamation in accordance with paragraph 5(a), (b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. Troy Ditch and Edith Ditch direct flow water rights may be used for augmentation, in clud ing one or more of the followin g structures:

AMOUNT SOLD, AMOUNT Court Adjudicat Applicat Decre Structur Priori Us TRANSFERRED OR RESERVED REMAINING (10) Case ion ion ed e ty e No. Date Date Amou

nt

(cfs) (4) (5) (6) (7) (8) (9) CFS AF Troy 370 3082 5.10 I 4.906 N/A Ditch (1) 08/25/193 05/01/19 0.00 0.00 0.09 0.06 0.03 6 06 0 0 5 4 5 Troy 427 3082 10.80 I N/A Ditch 1st 08/25/193 05/01/19 0.00 0.00 0.20 0.13 0.07 10.39 Enlg 6 28 0 0 0 4 3 3 Troy 669 4613 6.20 I 5.966 N/A Ditch 2nd 06/20/195 06/01/19 0.00 0.00 0.11 0.07 0.04 MAY 2010 RESUME WATER DIVISION 5 PAGE 14

Enlg 8 42 0 0 5 7 2 Edith 353 3082 2.72 I 2.410 N/A Ditch 08/25/193 05/01/19 0.11 0.13 0.05 0.00 0.01 6 04 0 2 0 0 8 Edith 673 4613 3.23 I 3.148 N/A Ditch 1st 06/20/195 07/01/19 0.00 0.00 0.06 0.00 0.02 Enlg 8 46 0 0 0 0 2 Troy (2) W- 412.89 Ditch 2281 15.50( I,D 0.11 0.13 0.52 0.27 0.19 14.27 Water 3) ,M 0 2 0 5 0 3 System C, aka P Lower Headgat e (1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. Remarks: In Case No. W-2281, District Court, Water Division No. 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 of consumptive-use credits. It makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of the water court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by bypassing water at the headgates on the Frying Pan River. Historic Consumptive use credits from the Robinson Ditch may be used for augmentation, including one or more of the following water rights:

STRUCTURE DECREED AMOUNT ADJ. DATE APP. DATE PRIORITY CASE AMOUNT/ OWNED BY NO. (2) cfs BWCD (cfs)(1)

ROBINSON 5.00 1.21 05/11/1889 06/15/1882 38 13 DITCH 2

ROBINSON 2.50 0.60 05/11/1889 04/15/1886 140 13 DITCH 2

ROBINSON 2.00 0.48 05/11/1889 11/15/1886 167 13 DITCH 2

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

ROBINSON 20.06 4.85 08/25/1936 04/25/1900 326 DITCH 3082 (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 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) District Court in and for Garfield County. Legal description of point of diversion: 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. Historic use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre-feet of annual consumptive use credits are associated with said irrigation. In that case, the Court also MAY 2010 RESUME WATER DIVISION 5 PAGE 15 decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Statement of plan for augmentation: Background. Applicant’s predecessor decreed a plan for augmentation for the Elk Mountain Lodge property in Case No. 87CW370, which augmented water uses for domestic and commercial facilities for up to 46 guests and a year-round restaurant with seating capacity of 70 persons. The plan for augmentation uses releases from the Upper Elk Mountain and Lower Elk Mountain Reservoirs to replace depletions from the Elk Mountain Well. The plan assumed that the well was immediately tributary to Castle Creek, with no delayed pumping effects. A map of the Elk Mountain Lodge property is on file with the court as Figure 1. In the process of redeveloping the Elk Mountain Lodge property, Applicant must move the Elk Mountain Well No. 1 more than 200 feet from its existing location and its decreed location. Applicant therefore filed Case No. 08CW105 to adjudicate the change in point of diversion for the well. The new well location is further from Castle Creek, and therefore Applicant must by this plan account for delayed depletions from well pumping. Applicant now seeks approval of this plan for augmentation to replace the original plan decreed in Case No. 87CW370 because the property is no longer used as a commercial lodge facility and because well depletions must be lagged. This plan for augmentation will augment depletions from domestic uses of the well, as well as the depletions from approximately 0.5 acre of irrigation use from the well which was not provided by the original plan. This plan for augmentation will account for lagged depletions to Castle Creek because the new well location is further than 100 feet from the stream. This plan will also augment evaporation from the Upper Elk Mountain Reservoir, Upper Elk Mountain Reservoir, First Enlargement; and Lower Elk Mountain Reservoir and associated water features. Operation. When a call from a water right located above the confluence of the Roaring Fork and Frying Pan Rivers would otherwise prevent Applicant from diverting water from the Elk Mountain Well No. 1, Applicant will continue to divert from the well at a rate of 0.0557 c.f.s. (25 g.p.m.) and will make on-site releases from the Upper Elk Mountain Reservoir, Upper Elk Mountain Reservoir, First Enlargement; and/or Lower Elk Mountain Reservoir to replace out of priority depletions of the Elk Mountain Well No. 1. During such times, Applicant will draw down the Elk Mountain Reservoirs commensurate with evaporation; however, Applicant may keep one of the reservoirs full by replacing evaporation with releases from the other reservoir, which shall match out-of-priority depletions from domestic use, well irrigation, and pond and water feature evaporation. When a call from a water right located below the confluence of the Roaring Fork and Frying Pan Rivers (including a call on the Colorado River) would otherwise result in curtailment of the Elk Mountain Well No. 1, Upper Elk Mountain Reservoir, Upper Elk Mountain Reservoir, First Enlargement; and the Lower Elk Mountain Reservoir, Applicant will continue to divert from the well at a rate of 0.0557 c.f.s. (25 g.p.m.), and will keep the reservoirs full, by exchange, and the Basalt Water Conservancy District will release water described above to replace out-of-priority depletions from the Elk Mountain Well No. 1. In-house delivery demands are estimated to be 100 gallons per person per day, for a total of 10.5 persons (1050 gallons per day or 3 EQRs at 350 gallons per EQR per day). In-house consumptive use is computed on the basis of 15 percent consumptive use of deliveries since non-evapotranspiration wastewater treatment systems (ISDS) will be employed. Irrigation of 0.5 acres of lawns and gardens will be augmented under this plan. Delivery requirements for lawn irrigation are computed on the basis of 1.64 acre-feet per acre, or 1.03 acre feet. 80 percent of all applied irrigation water is assumed to be consumptively used. The depletion rate for lawn irrigation is computed according to the modified Blaney-Criddle method, as outlined by the Soil Conservation Service in Technical Release No. 21. The Blaney-Criddle growth stage and temperature coefficients were modified according to the Pochop method. Average annual pond evaporation for 1.3 acres of open pond and water feature surface area is 3.23 acre-feet. Gross evaporation is based on NOAA Technical Report NWS 33, Evaporation for the Contiguous 48 United States, using the isopleths of annual shallow lake evaporation for the State of Colorado. No credit has been claimed for effective precipitation. Table 1, on file with the court, is an evaporation summary for the Elk Mountain Reservoirs and associated water features. Table 2, on file with the court, shows the irrigation delivery and consumptive use calculations, and Table 5 on file with the court shows irrigation consumptive use, as lagged. The total water diversions and depletions for the plan is Table 3, on file with the court. Table 4 on file with the court shows the lagged return flow factors for the Elk Mountain Well No. 1. A dry-year operational analysis (augmentation schedule) is on file with the court Table 6. A lagged depletions analysis of the Elk Mountain Well No. 1 is on file with the court Appendix A. Name and address of owner of the land on which structures are located: Applicant. Third Claim: For Appropriative Right of Exchange. Name of structure: Elk Mountain Exchange. Location: Lower Termini: For the exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork River and the Colorado River located in the SE¼ of the NW¼ of Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point approximately 2,200 feet from the north section line and 2,350 feet from the west section line. For the exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork River and the Frying Pan River located in the SW¼, SE¼, Sec 7, Township 8 South, Range 86 West, 6th P.M., 647 feet from the south section line and 1475 feet from the east section line. For the exchange of Robinson Ditch water: The point of diversion for the Robinson Ditch on the Roaring Fork River, located in the NW¼, SE¼, Sec. 11, Township 8 South, Range 87 West, 6 P.M., 2307 feet from the south section line and 2309 feet from the east section line. Upper Termini: Elk Mountain Well: The point of diversion for the Elk Mountain Well No. 1 in the SW ¼, SW ¼, Sec. 20, T. 11 S., R. 84 W., 6th P.M., 551 feet from the south section line and 30 feet from the west section line (UTM NAD 83, 13 03 44 045 E, 43 26 357 N). Upper Elk Mountain Reservoir and First Enlargement: in the SW ¼, SW ¼, Section 20, Township 11 South, Range 84 West of the 6th P.M., at a point approximately 123 feet from the south section line and 481 feet from the west section line. Lower Elk Mountain Reservoir: in the SW ¼, SW ¼, section 20, Township 11 South, Range 84 West of the 6th P.M., at a point approximately 828 feet from the south section line and 289 feet from the west section line. Sources: The sources are described above. Date of appropriation: April 15, 2010. MAY 2010 RESUME WATER DIVISION 5 PAGE 16

How appropriation was initiated: By field inspection, developing plans for relocating the Elk Mountain Well No. 1, formulation of intent to appropriate the exchange, and filing an application for water allotment contract with the Basalt Water Conservancy District. Date water applied to beneficial use: N/A. Rate: 0.02 c.f.s., conditional. Volume: 3.4 acre-feet, conditional. Plan of operation. The plan for augmentation claimed herein includes an appropriative right of exchange of the augmentation water released pursuant to Applicant’s Basalt Water Conservancy District allotment contract, extending from the lower termini described above to the upper termini described above. Applicant will operate the exchange when it is in priority. (28 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW148 GARFIELD COUNTY, FOUR MILE CREEK, TRIBUTARY TO ROARING FORK RIVER. SUNLIGHT, INC., c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. APPLICATION FOR FINDING OF DILIGENCE AND FOR CHANGE OF WATER RIGHT TO CORRECT LEGAL DESCRIPTION. First Claim Finding of Reasonable Diligence. Sunlight Spring Nos. 1 through 7. Prior decree: March 18, 1983, Case No. 81CW414, Dist. Ct. W.D. 5. Subsequent decrees: Case No. 87CW59, July 27, 1987, Case No. 91CW26, July 19, 1991, Case No. 97CW84, Nov. 15, 2007, Dist. Ct.,W.D. 5. Decreed locations: Sunlight Spring No. 1: NE1/4SW1/4 of Sec. 33, T.7 S, R. 89 W. of the 6th P.M., at a point whence the NE Corner of said Sec. 33 bears N. 44 deg., 15’31” E. 3,856.51 ft. Sunlight Spring No. 2: SE1/4NE1/4 of Sec. 33, T. 7., R.89 W. of the 6th P.M., at a point whence the NE corner of said Sec. 33 bears N. 42 deg., 34’30” E. 1,900.74 ft. Sunlight Spring No. 3: SW1/4NE1/4 of Sec. 33, T. 7 S., R. 89 W. of the 6th P.M., at a point whence the NE corner of said Sec. 33 bears N. 39 deg., 03’56” E. 2,259.72 ft. Sunlight Spring No. 4: SW1/4NE1/4 of Sec. 33, T. 7 S., R. 89 W. of the 6th P.M., at a point whence the NE corner of said Sec. 33 bears N. 45 deg. 28’00” E. 2,103.39 ft. Sunlight Spring No. 5: SE1/4NE1/4 of Sec. 33, T. 7S., R. 89 W. of the 6th P.M., at a point whence the NE corner of said Sec. 33 bears N. 19 deg. 49’37” E. 1,683.33 ft. Sunlight Spring No. 6: SE1/4NE1/4 of Sec. 33, T. 7 S., R. 89 W. of the 6th P.M., at a point whence the NE corner of said Sec. 33 bears N. 24 deg. 14’13” E. 2,497.68 ft. Sunlight Spring No. 7: Lot 2 of Sec. 4, T. 8 S., R. 89 W. of the 6th P.M., at a point whence the NE corner of Sec. 33, T. 7 S., R. 9 W. of the 6th P.M. bears N. 20 deg. 53’41” E. 5,614.77 feet. Source: trib. to Four Mile Creek, trib. to Roaring Fork River, trib. to Colorado River. Date of approp.: Nov. 18, 1980. Amt.: 0.02 cfs, cond. for each spring. Uses: domestic and commercial. Remarks: As decreed in Case No. 03CW235, the Sunlight Springs are part of an integrated water supply for Applicant’s property. § 37-92-301(4)(b), C.R.S. Work performed during the diligence period is on file with the Court. A map showing the locations of the subject water rights is attached to the Application. Second Claim – Change of Water Right to Correct Legal Description. Correct Legal Description. In the preparation of this Application, Applicant has determined that the legal descriptions as originally decreed are incorrect. The map attached to the Application shows the actual and the decreed locations for the Sunlight Springs. Applicant desires to correct the legal descriptions to correspond to the actual descriptions as follows: Sunlight Spring No. 1: SE1/4NW1/4 of Sec. 33, T. 7 S., R. 89 West of the 6th P.M., at a point approx. 3644 ft. distance from the E. Sec. Line and 2759 ft. distance from the S. Sec. Line of said Sec. 33. Sunlight Spring No. 2: SE1/4NW1/4 of Sec. 33, T. 7 S., R. 89 W. of the 6th P.M., at a point approx. 3260 ft. distance from the E. Sec. Line and 2701 ft. distance from the S. Sec. Line of said Sec. 33.Sunlight Spring No. 3: NW1/4SE1/4 of Sec. 33, T. 7 S., R. 89 W. of the 6th P.M., at a point approx. 2136 ft. distance from the E. Sec. Line and 1671 ft. distance from the S. Sec. Line of said Sec. 33. Sunlight Spring No. 4: NW1/4SW1/4 of Sec. 33, T. 7 S., R. 89 W. of the 6th P.M., at a point approx. 5172 ft. distance from the E. Sec. Line and 2265 ft. distance from the S. Sec. Line of said Sec. 33. Sunlight Spring No. 5: NW1/4SW1/4 of Sec. 33, T. 7 S., R. 89 W. of the 6th P.M., at a point approx. 4109 ft. distance from the E. Sec. Line and 1973 ft. distance from the S. Sec. Line of said Sec. 33. Sunlight Spring No. 6: NE1/4SW1/4 of Sec. 33, T. 7 S., R. 89 W. of the 6th P.M., at a point approx. 3961 ft. distance from the E. Sec. Line and 2022 ft. distance from the S. Sec. Line of said Sec. 33. Sunlight Spring No. 7: SW1/4NE1/4 of Sec. 32, T. 7 S., R. 89 W. of the 6th P.M., at a point approx. 1993 ft. distance from the E. Section Line and 2723 ft. distance from the S. Sec. Line of said Sec. 32. Sunlight Spring Nos. 1-7 are located on Applicant’s property. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. MAY 2010 RESUME WATER DIVISION 5 PAGE 17

10CW149 (95CW122) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN SUMMIT AND GRAND COUNTIES, COLORADO. Applicant: Board of County Commissioners of the County of Summit (“Summit County”). Copies of all pleadings to: Charles B. White, Esq., Nicole L. Johnson, Esq., Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, (303) 825-1980. Name of water right: Summit County Augmentation Plan Exchanges. Description of conditional rights of exchange: The conditional rights of exchange (“Exchanges”) were decreed as part of Summit County’s Augmentation Plan (“Augmentation Plan”) by the Water Court in Case No. 95CW122, Water Division No. 5. The Augmentation Plan allows, inter alia, out-of-priority depletions to be replaced with water by exchange from downstream sources. A. Amount: The Exchanges are limited to a total of 208.4 consumptive acre-feet per year, at a rate of up to 6 c.f.s. (2700 g.p.m.). B. Appropriation date: September 18, 1985. C. Use: Water may be used by Summit County for county purposes or by individual owners of wells or other diversion structures located within Summit County that have applied for and received approval from Summit County for inclusion within the Augmentation Plan, for domestic, municipal, commercial, irrigation and all other beneficial purposes from the facilities and sources described, provided that depletions are replaced by operation of the Augmentation Plan. D. Prior decree: The original decree for the Summit County Augmentation Plan was issued on May 10, 2004 in Case No. 95CW122, District Court, Water Division No. 5. E. Upstream Termini: The facilities and sources to be augmented by operation of the Exchanges are as follows: i. Upper Blue River Diversion and Storage, consisting of a series of surface diversions, storage facilities, groundwater wells or infiltration galleries which divert water from the following segments of the Blue River and its tributaries, and groundwater tributary thereto: a. Blue River from the confluence of Monte Cristo and Bemrose Creeks at Lat. 39º23'13" North, Long. 106º03'08" West downstream to the confluence with Dillon Reservoir in the SE1/4 of Section 31, T. 5 S., R. 77 W., 6th P.M. b. Spruce Creek from the headwaters at a natural lake at Lat. 39º53'53" North, Long. 106º24'53" West downstream to the confluence with the Blue River at Lat. 39º26'32" North, Long. 106º02'13" West. c. Blue River from its headwaters in the vicinity of Lat. 39º21'30" North, Long. 106º03'30" West downstream to its confluence with Monte Cristo Creek at Lat. 39º23'13" North, Long. 106º03'08" West. d. Monte Cristo Creek from its headwaters in the vicinity of Lat. 39º23'00" North, Long. 106º08'00" West downstream to its confluence with the Blue River at Lat. 39º23'13" North, Long. 106º03'08" West. ii. Swan River Diversion and Storage, consisting of a series of surface diversions, storage facilities, groundwater wells or infiltration galleries which divert water from the following segments of the Swan River and its tributaries, and groundwater tributary thereto: a. South Fork Swan River from the headwaters in the vicinity of Lat. 39º27'35" North, Long. 105º54'51" West downstream to the confluence with the Middle Fork Swan River at Lat. 39º29'48" North, Long. 105º56'42" West. b. Middle Fork Swan River from the headwaters in the NW1/4NW1/4 of Section 23, T. 6 S., R. 76 W., 6th P.M., downstream to the confluence with the North Fork Swan River at Lat. 39º30'46" North, Long. 105º56'48" West. c. North Fork Swan River from the headwaters in the vicinity of Lat. 39º33'00" North, Long. 105º53'32" West downstream to the confluence with the Middle Fork Swan River at Lat. 39º30'46" North, Long. 105º56'48" West. d. Swan River from the confluence with Middle and North Forks Swan River at Lat. 39º30'46" North, Long 105º56'48" West downstream to the confluence with the Blue River at Lat. 39º32'17" North, Long. 106º02'15" West. iii. Snake River Diversion and Storage, consisting of a series of surface diversions, storage facilities, groundwater wells or infiltration galleries which divert water from the following segments of the Snake River and its tributaries, and groundwater tributary thereto: a. Deer Creek from the headwaters in the vicinity of Lat. 39º31'21" North, Long. 105º52'16" West downstream to the confluence with the Snake River at Lat. 39º33'49" North, Long. 105º51'37" West. b. Snake River from the confluence with Deer Creek at Lat. 39º32'49" North, Long. 105º51'37" West downstream to the confluence with Dillon Reservoir in the SE1/4NE1/4 of Section 21, T. 5 S., R. 77 W., 6th P.M. c. North Fork Snake River from the confluence of an unnamed tributary of Lat. 39º38'25" North, Long. 105º52'52" West downstream to the confluence with the Snake River at Lat. 39º36'18" West. d. Keystone Gulch from the headwaters in the vicinity of Lat. 39º32'51" North, Long. 105º54'26" West downstream to the confluence with the Snake River in the SE1/4NW1/4, Section 23, T. 5 S., R. 77 W., 6th P.M. e. Snake River from its headwaters in the vicinity of Lat. 39º32'00" North, Long. 105º50'30" West downstream to its confluence with Deer Creek at Lat. 39º33'49" North, Long. 105º51'37" West. f. Peru Creek from its headwaters in the vicinity of Lat. 39º37'30" North, Long. 105º47'15" West downstream to its confluence with the Snake River at Lat. 39º35'30" North, Long. 105º52'30" West. iv. Ten Mile Creek Diversion and Storage, consisting of a series of surface diversions, storage facilities, groundwater wells or infiltration galleries which divert water from the following segments of the Snake River and its tributaries, and groundwater tributary thereto: a. North Ten Mile Creek from the headwaters in the vicinity of Lat. 39º35'53" North, Long. 106º11'42" West downstream to the confluence with Ten Mile Creek at Lat. 39º34'28" North, Long. 106º06'35" West. b. West Ten Mile Creek from the headwaters in the vicinity of Lat. 39º30'01" North, Long. 106º09'53" West downstream to the confluence with Ten Mile Creek at Lat. 39º30'34" North, Long. 106º08'32" West. c. Ten Mile Creek from the headwaters in the vicinity of Lat. 39º30'34" North, Long. 106º08'32" West downstream to the confluence with Dillon Reservoir in the NE1/4NW1/4 Section 35, T. 5 S., R. 77 W., 6th P.M. v. Lower Blue River Diversion and Storage, consisting of a series of surface diversions, storage facilities, groundwater wells or infiltration galleries which divert water from the Lower Blue River and its tributaries, and groundwater tributary thereto, from the outlet of Dillon Reservoir in the SE1/4NE1/4 of Section 13, T. 5 S., R. 78 W., 6th P.M., to the inlet of Green Mountain Reservoir in the SE1/4NW1/4 of Section 34, T. 2 S., R. 79 W., 6th P.M. vi. Miners Creek diversion and storage, consisting of a series of surface diversions, storage facilities, ground water wells or infiltration galleries which divert water from Miners Creek and its tributaries from its headwaters in the vicinity of Lat. 39º31'30" North, Long. 106º07'00" West downstream to the confluence with Dillon Reservoir at Lat. 39º34'30" North, Long. 106º05'00" West. The following structures are explicitly included without limitation within the segment: a. Blumenheim Well No. 1. The well is decreed at a location in the MAY 2010 RESUME WATER DIVISION 5 PAGE 18

SE1/4SW1/4 of Section 35, T. 5 S., R. 78 W. of the 6th P.M. at a point 2,000 feet east of the west line and 1,000 feet North of the South line of said Section 35. The well was decreed for 0.5 cfs conditional to be used for domestic, mechanical, municipal, industrial and irrigation purposes, with an appropriation date of June 26, 1972 (Case No. W-1204). b. Blumenheim Well No. 2. The well is decreed at a location in the NW1/4SE1/4 of Section 35, T. 5 S., R. 78 W. of the 6th P.M., at a point 3,000 feet east of the West line and 1,500 feet north of the South line of said Section 35. The well was decreed for 0.5 cfs conditional to be used for domestic, mechanical, municipal, industrial and irrigation purposes, with an appropriation date of June 26, 1972 (Case No. W-1204). c. County Well No. 1. The well is located in the NE1/4SE1/4 of Section 35, T. 5 S., R. 78 W. of the 6th P.M., at a point 1,470 feet from the South line and 500 feet from the East line of said Section 35. This well is claimed for 15 g.p.m. with an appropriation date of October 3, 1973, which is the date this well was drilled. d. County Well No. 2. The well is located in the NE1/4SE1/4 of Section 35, T. 5 S., R. 78 W. of the 6th P.M., at a point 1,470 feet from the South line and 500 feet from the East line of said section 35. This well is claimed for 15 g.p.m. with an appropriation date of October 3, 1973, which is the date this well was drilled. vii. Supplemental wells: In the event that any supplemental or replacement wells are required or desired for any of the wells described in this paragraph, such supplemental or replacement wells shall be automatically incorporated into this Augmentation Plan and shall be subject to all the terms and conditions set forth herein. F. Sources of Replacement Water: Under the Augmentation Plan, Summit County replaces out-of-priority depletions to the stream with water available to it from the water rights listed below. Summit County may also use for augmentation purposes any other water rights that it later acquires in the listed structures, without further Water Court approval, provided such water can be fully consumed, is decreed for augmentation and replacement use, and is deliverable at suitable replacement points as set forth herein. Summit County may include additional augmentation sources in the Augmentation Plan only with further Water Court approval of an amendment to the Augmentation Plan decree. i. Clinton Gulch Reservoir. Initially decreed by the District Court in and for Water Division No. 5 in Case No. W-2559 for 4,250 acre feet for industrial, domestic, irrigation, recreation, and fish and wildlife propagation uses, and subsequently decreed in Case No. 92CW65 for an enlarged use and second filling for domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and wildlife propagation, and augmentation purposes, both on the Western and Eastern slopes of Colorado. The Clinton Gulch Reservoir is operated pursuant to and entitled to the benefits of the Clinton Reservoir-Fraser River Water Agreement dated July 21, 1992 (the “Clinton Agreement”) between Summit County, the City and County of Denver, acting by and through its Board of Water Commissioners (“Denver”), and other parties. The source of Clinton Gulch Reservoir is Clinton Creek, tributary to Ten Mile Creek, a tributary of the Blue River, and the dam is located at a point in the SW1/4 NW1/4 of Section 25, T. 7 S., R. 79 W., 6th P.M., at a point whence the North quarter corner of said Section 25 bears N. 33º51'50" E. 2840.44 feet. As the owner of 1,550 shares of stock in the Clinton Ditch & Reservoir Company, Summit County is entitled to the annual release of 155 acre feet of water from Clinton Gulch Reservoir. ii. Windy Gap Project. 51.705 acre feet out of the 3000 acre feet of water per year produced from the Windy Gap Project and stored in Granby Reservoir pursuant to Paragraph 17 of the April 30, 1980 agreement between the Municipal Subdistrict of the Northern Colorado Water Conservancy District and, among other parties, the Middle Park Water Conservancy District (“Middle Park”), as assigned in part by water allotment contract dated April 24, 1984 and quitclaim deed dated April 1, 1986, between Middle Park and Summit County. The Windy Gap Project diverts at a point on the North bank of the Colorado River whence the NW corner of Section 25, T. 2 N., R. 77 W., 6th P.M., bears North 17º30' West a distance of 2380 feet. Granby Reservoir is located on the Colorado River upstream of its confluence with the Fraser River, in all or parts of Sections 25, 26, 27, 34, 35 and 36, T. 3 N., R. 76 W.; Sections 29, 30 and 32, T. 3 N., R. 75 W.; Sections 1, 2, 3, 10, 11, 12, 13 and 15, T. 2 N., R. 76 W.; and Sections 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 21, 22 and 23, T. 2 N., R. 75 W., 6th P.M., Grand County, Colorado. iii. Wolford Mountain Reservoir. Up to 330 acre feet out of the 3,000 acre feet of water per year in Wolford Mountain Reservoir, a/k/a Gunsight Pass Reservoir, a/k/a Muddy Creek Reservoir, in which Middle Park has an interest by virtue of an agreement dated December 17, 1992 between the Colorado River Conservation District, the Board of County Commissioners of Grand County, and Middle Park. Wolford Mountain Reservoir was decreed in Case No. 87CW283, District Court in and for Water Division No. 5, in the amount of 59,993 acre feet. The dam is located in the SW1/4 NE1/4 of Section 25, T.2N., R.81W. of the 6th P.M., Grand County, Colorado. The source of Wolford Mountain Reservoir is Muddy Creek and its tributaries, all tributary to the Colorado River. Middle Park has agreed that Summit County may use up to 30 acre feet of Wolford Mountain Reservoir water under a Windy Gap standby contract to supplement the yield of the Windy Gap water allocated to Summit County. Middle Park has also agreed that Summit County may use an additional 300 acre feet of Wolford Mountain Reservoir water for augmentation purposes under this plan and for replacement water to Denver. iv. Dillon Reservoir. Decreed by the District Court of Summit County, Water District No. 36, in Civil Action Nos. 1805 and 1806, dated March 10, 1952, and confirmed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, dated October 12, 1955, in the amount of 252,678 acre feet for irrigation and municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns and grounds. The sources of Dillon Reservoir are the Blue River, the Snake River, and Ten Mile Creek, all tributaries of the Colorado River. A refill right for the Dillon Reservoir was adjudicated in Case No. 87CW376, District Court in and for Water Division No. 5, dated February 13, 1997, in the amount of 175,000 acre feet for all municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns and grounds, and flood control. Pursuant to Paragraph 6(b) of the agreement dated September 18, 1985 between Summit County and Denver, as amended by letter agreement dated November 13, 1986 (the “Summit County Agreement”), recorded at Reception No. 357033 of the Summit County real property records, Denver has agreed to release to the Blue River from Dillon Reservoir MAY 2010 RESUME WATER DIVISION 5 PAGE 19 augmentation water to satisfy calls placed by downstream water users with priorities senior to Summit County or its designees. Summit County has retained 35.31 acre feet of said Dillon Reservoir storage water. In addition, pursuant to the Clinton Agreement and to the Future Dillon/6(B) Agreement dated December 3, 2003 between Summit County and Denver (the “Future Dillon Agreement”), Summit County has converted 98.14 acre feet of the water available to it under the Summit County Agreement to “Future Dillon Water” as a source of year-round augmentation water. Summit County’s Dillon Reservoir water may be used under this Augmentation Plan to directly replace depletions in the Blue River basin below Dillon Reservoir, or by “bookover” from Summit County’s storage account to Denver, in order to replace depletions to Denver’s Dillon Reservoir and Roberts Tunnel water rights when such rights are unsatisfied. v. Green Mountain Reservoir. Decreed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, dated October 12, 1955, in the amount of 154,645 acre feet, with an appropriation date of August 1, 1935, for the purposes specified in Senate Document No. 80, 75th Congress, 1st Session under the heading Manner of Operation of Project Facilities and Auxiliary Features. The sources of Green Mountain Reservoir are the Blue River and all tributaries of the Blue River upstream from the dam, and Elliott Creek by means of its diversion canal, which waters are tributary to the Colorado River. Summit County intends to obtain an allocation contract for these augmentation purposes. vi. Old Dillon Reservoir First Enlargement. Decreed by the District Court in and for Water Division No. 5 in Case No. 93CW288, dated February 10, 1996, in the amount of 150 acre feet conditional, with an appropriation date of August 24, 1992, for municipal, domestic, irrigation, industrial, snowmaking, augmentation, recreation and all other beneficial uses. The source of the Old Dillon Reservoir is Salt Lick Gulch, a/k/a Salt Lick Creek, a tributary of the Blue River, a tributary of the Colorado River. Summit County owns an undivided 80% interest in the Old Dillon Reservoir First Enlargement pursuant to a Water Agreement dated August 24, 1992 with the Town of Dillon. G. County use. County uses described herein include without limitation the following: i. Blumenhein Wells No. 1 and 2. Described above in Paragraph 3.E.vi. The priority of the Blumenhein Wells, which are located in the Miners Creek drainage, is senior to the instream flow rights of the Colorado Water Conservation Board in Miners Creek, adjudicated in Case No. 85CW649, Water Division No. 5, and therefore the wells can be augmented without replacement to Miners Creek. If the Blumenhein Well water rights are used for domestic and irrigation uses, their depletions shall be calculated in accordance with the water use assumptions set forth in Paragraph 8(c) of the Augmentation Plan decree. Calculation of depletions from other uses shall be made in accordance with usage assumptions decreed by this Court under the retained jurisdiction provision by the Augmentation Plan decree. ii. County Wells Nos 1 and 2. Described above in Paragraph 3.E.vi. Depletions from the County Wells are to Dillon Reservoir rather than to Miners Creek, and therefore such wells can be augmented by Summit County without replacement to Miners Creek. Summit County plans to use such wells for lawn and landscape irrigation at the County Commons, and the depletions resulting from such usage shall be calculated in accordance with the irrigation use assumptions set forth in the Augmentation Plan decree. iii. Blue River Park. Located in portions of the NE¼ NE¼ of Section 13, T.5S., R.78W. of the Sixth Principal Meridian, the NW¼ NW¼ of Section 18 , T.5S., R.78W. of the Sixth Principal Meridian, the SW¼ SW¼ of Section 7, T.5S., R.77W. of the Sixth Principal Meridian, and the SE¼ SE¼ of Section 12, T.5S., R.78W. of the Sixth Principal Meridian. Depletions resulting from irrigation of the Blue River Park will be to the Blue River below Dillon Reservoir and shall be calculated in accordance with the irrigation use assumptions set forth in Paragraph 8(c) of the Augmentation Plan decree. Exercise of Exchanges: During the diligence period, Summit County entered into contracts to provide replacement water for out-of-priority depletions made pursuant to the Augmentation Plan with 30 entities, totaling 17.623 acre-feet of consumptive use. See Tables 1 and 2, attached to the application and available for inspection via LexisNexis Courtlink or at the office of the Water Court. Twenty-seven of the contracts, totaling 1.757 acre-feet of consumptive use, allow diversions upstream of Dillon Reservoir and may require replacement water for out-of-priority depletions from downstream sources, thereby operating as an exchange. Those depletions for which return flows are collected in a sewer system are considered 100% depletive for the stream reach from the point of diversion to the point of wastewater discharge, resulting in depletions to those reaches in excess of the consumptive use volumes. See Tables 3 and 4, attached to the application and available for inspection via LexisNexis Courtlink or at the office of the Water Court, for monthly depletions upstream of Dillon Reservoir by schedule number and stream reach, respectively. Summit County had replacement water available to replace out-of-priority depletions, if any, to the stream reaches above Dillon Reservoir listed in Tables 3 and 4, but does not claim in this application to have operated the Exchanges. Accordingly, this application does not include a claim to make any portion of the Exchanges absolute. Evidence of reasonable diligence: The Summit County Augmentation Plan is part of an integrated system for supplying the water demands of Summit County. The following is a summary of specific projects and work undertaken during the diligence period (from May, 2004 through May, 2010) in furtherance of the foregoing exchanges. This list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter. A. Summit County developed policies for the issuance of contracts for replacement water for out-of-priority depletions pursuant to the Augmentation Plan and Exchanges. B. During the diligence period, Summit County entered into contracts to provide replacement water for out-of-priority depletions made pursuant to the Augmentation Plan with 30 entities, totaling 17.623 acre-feet of consumptive use, see Tables 1 and 2. Twenty-seven of the contracts, totaling 1.757 acre-feet of consumptive use, allow diversions upstream of Dillon Reservoir and may require the provision of replacement water for out-of-priority depletions from downstream sources, thereby operating as an exchange. Summit County intends to enter additional contracts or develop water for County uses that will fully exercise the Exchanges. C. Summit County corresponded and participated in discussions with the Denver Water Department, State and Division Engineers’ Offices, and the Colorado Water Conservation Board regarding operation of the Augmentation Plan and Exchanges. D. Summit County participated in discussions with the Division Engineer’s Office and the MAY 2010 RESUME WATER DIVISION 5 PAGE 20

Colorado Water Conservation Board regarding the curtailment of wells in Summit County operating out-of-priority and the provision of replacement water for operation of the wells pursuant to the Augmentation Plan and Exchanges. E. Summit County coordinated with the Denver Water Department regarding accounting of water stored in Dillon Reservoir and depletions associated with the operation of the Augmentation Plan and Exchanges. F. Summit County entered an Intergovernmental Agreement with the Town of Silverthorne dated May 12, 2010 regarding the operation of the Augmentation Plan and Exchanges. G. Summit County submitted an application for a finding of reasonable diligence and change of water right for the Blumenhein Wells Nos. 1 and 2, diversions from which are planned to be augmented as necessary through the exercise of the above described Augmentation Plan and Exchanges. H. Summit County submitted an application for a finding of reasonable diligence for the Old Dillon Reservoir First Enlargement water right, see Case No. 10CW102, which is a source of replacement water for the Exchanges. In pursuit of the enlargement of Old Dillon Reservoir Summit County, among other activities, engaged in the following: i. On October 29, 2007, Summit County applied for a Special Use Permit from the United States Forest Service (“Forest Service”) to enlarge the existing Old Dillon Reservoir and improve the inlet and outlet structures to the Reservoir (“Project”). As part of the application process, consultants were retained at the expense of Summit County, the Town of Dillon, and the Town of Silverthorne to draft and submit an environmental assessment, biological assessment and evaluation, hydrology report, aquatic species report, management indicator species report, wetlands report, visual impacts report, cultural resources report, and recreation report. A Notice of Decision approving the Project and Finding of No Significant Impact was issued by the Forest Service on February 23, 2010, which decision is expected to be implemented upon expiration of the 45-day appeal period. ii. Summit County submitted an application for a section 404 permit to the United States Army Corps of Engineers on behalf of the Project Proponents for construction of the Project, which application is currently pending subject to the necessary water quality certification from the Colorado Department of Public Health and Environment (“CDPHE”). iii. Summit County expended significant sums for engineering consultants to finalize the design and construction plans for the Project. iv. Summit County has obtained approval from the State Engineer’s Office for the plans and specifications for the dam structures for the enlarged Old Dillon Reservoir. v. Summit County entered a Recovery Agreement with the United States Fish and Wildlife Service on October 30, 2009 regarding depletion impacts to endangered fish in the Upper Colorado River Basin. vi. Summit County applied for and obtained a 1041 permit from the Summit County Board of County Commissioners for the Project. I. Summit County retained engineering and legal consultants to account for Summit County’s contracts under the Augmentation Plan and Exchanges, the volume of diversions and depletions, the reach of the Exchanges, and the exercise of Summit County’s rights under the Upper Blue MOA. J. Summit County participated in numerous water court cases as objectors during the diligence period. One of the Summit County’s purposes in participating in such cases was to protect its existing water rights, including the subject conditional water rights, from any injury that could result from the new adjudications. Summit County can and will exercise the Exchanges and apply the water to beneficial use within a reasonable time. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The Applicant, and the following:1. Karin D. Henszey, 0590 Montezuma Road, Dillon, CO 80435; 2. Jill Turner, P.O. Box 3220, Breckenridge, CO 80424 3. Gary Pringey and Carolyn Yeagle, P.O. Box 1261, Frisco, CO 80443; 4. Jacob E. Frith, II, P.O. Box 5028, Martinsville, VA 24115 5. Aleene H. Nyquist, P.O. Box 2180, Frisco, CO 80443-2180 6. John Feather, P.O. Box 2202, Frisco, CO 80443 7. Jeffrey Berino, P.O. Box 1404, Frisco, CO 80443-1404 8. Erin Miller and Eric Miller, P.O. Box 532, Frisco, CO 80443 9. Hans C. Dirksen and Christine A. Nielsen, P.O. Box 7461, Breckenridge, CO 80424 10. Julie Meirick, P.O. Box 1079, Frisco, CO 80443 11. Jerry and Cheri Divine, P.O. Box 211, Frisco, CO 80443 12. Mark and Leiha Davis, 0269 Lakeview Cr. W., Breckenridge, CO 80424 13. George Merriman, P.O. Box 10003, Breckenridge, CO 80424 14. Robert Willette, Phyllis Jones, P.O. Box 3601, Breckenridge, CO 80424 15. Steven and Sheila Calkins, 9922 Crestwater Circle, Magnolia, TX 77354 16. Gary Miller, P.O. Box 1884, Dillon, CO 80435 17. Graeme Bilenduke and Mary Quinn, P.O. Box 13, Frisco, CO 80443 18. Veronica Dempsey, Dan Dacey, 589 Lakeview Cir., Breckenridge, CO 80424 19. Michaelle Cameron, 2603 Pearce Road, Austin, TX 78730 20. John Andrew Alexander, P.O. Box 4106, Breckenridge, CO 80424 21. Leonard Tashman and Nancy Walsh, 6681 Spear Street, Charlotte, VT 05445 22. Mark and Diane Thaemert, P.O. Box 1877, Breckenridge, CO 80424 23. Kathleen and James Grotemeyer, P.O. Box 1652, Breckenridge, CO 80424 24. Ethan Guerra, Suzanne Allen-Guerra, P.O. Box 7404, Breckenridge, CO 80424 25. Glyndon Kennerly, P.O. Box 1715, Breckenridge, CO 80424 26. Amy Lange, P.O. Box 1592, Frisco, CO 80443 27. Julie and Melker Sandberg, P.O. Box 5166, Frisco, CO 80443 28. Brantingham, LLC, P.O. Box 100788, Fort Lauderdale, FL 33310 29. Stephan and Kimberly Nicolas, P.O. Box 1358 Breckenridge, CO 80424 30. Vail Summit Resorts, Inc., 390 Interlocken Crescent, Suite 1000, Broomfield, CO 80021 WHEREFORE, the Applicants respectfully request that this Court enter a finding that the Applicant has exercised reasonable diligence for the entirety of the conditional water rights decreed in Case No. 95CW122. (18 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

MAY 2010 RESUME WATER DIVISION 5 PAGE 21

22. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 08CW39 Anthony Caine and Terri Caine, P.O. Box 411, Woody Creek, Colorado 81656, (970) 923-1990. Sarah A. Klahn, Esq., White & Jankowski, LLP, 511 16th Street, Suite 500, Denver, Colorado 80202, (303)595-9441. Second Amended Application for Direct Flow Water Right, Water Storage Rights, Right of Appropriative Exchange and Plan for Augmentation in PITKIN COUNTY, Colorado. FIRST CLAIM: APPLICATION FOR DIRECT FLOW RIGHTS. 1. Name of Structure: Caine Pump and Pipeline. 2. Legal description of point of diversion: NE corner of the W½ of the SW¼ of the NW¼ of the SW¼, Section 28, Township 10, South, Range 84 West, 6th P.M. at a point which is 2,035 feet from the South section line and 405 feet from the West section line of said Section 28. 3. Source: ROARING FORK RIVER. 4. Appropriation Date: a. October 14, 2005 (0.067 cfs). b. April 30, 2010 ( 0.155 cfs). How appropriation was initiated: By field inspection and formation of the intent to appropriate water for the beneficial uses applied for herein. 5. Amount: 0.222 cfs, conditional (0.067 cfs, appropriation date October 14, 2005, and 0.155 cfs, appropriation date April 30, 2010). 6. Proposed Use: Fill and refill Caine Pond, Caine Augmentation Pond No. 1 and Caine Augmentation Pond No. 2 as described herein, and also for fire protection, piscatorial, lawn watering and aesthetic purposes. 7. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored: Applicant. SECOND CLAIM: APPLICATION FOR WATER STORAGE RIGHTS. I. Caine Pond (formerly Caine Pond No. 1). 1. Name of Structure: Caine Pond. 2. Legal Description: Caine Pond is located in the W½ of the SW¼ of the NW¼ of the SW¼, Section 28, Township 10 South, Range 84 West, 6th P.M. The outlet for the Caine Pond is located at a point which is 1,935 feet from the South section line and 285 feet from the West section line of said Section 28. 3. Source: Roaring Fork River. 4. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Caine Pond will be filled by diversions from the Caine Pump and Pipeline, described herein. 5. Appropriation Date: a. October 14, 2005. b. How Appropriation was initiated: By field inspection and formation of the intent to appropriate water for the beneficial uses described herein. 6. Amount: 0.37 acre foot, conditional. 7. Proposed Use: Fire protection, piscatorial, lawn watering and aesthetic purposes. 8. Surface area at high water line: 3,200 square feet (0.073 acres). Vertical height of dam: N/A. Caine Pond will be excavated and lined. Length of dam: N/A. Caine Pond will be excavated and lined. 9. Total capacity of pond: 0.37 acre foot, with an active capacity of 0.37 acre feet and dead storage of 0.0 acre foot. 10. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored: Applicant. II. Caine Augmentation Pond No. 1 (FORMERLY CAINE AUGMENTATION POND). 1. Name of Structure: Caine Augmentation Pond No. 1. 2. Legal Description: W½ of the SW¼ of the NW¼ of the SW¼, Section 28, Township 10 South, Range 84 West, 6th P.M. The outlet for the Caine Augmentation Pond No. 1 is located at a point which is 1,740 feet from the south section line and 280 feet from the west section line of said Section 28. 3. Source: Roaring Fork River. 4. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Caine Augmentation Pond No. 1 will be filled by diversions from the Caine Pump and Pipeline, described herein. 5. Appropriation Date: April 30, 2010. How Appropriation was initiated: By field inspection and formation of the intent to appropriate water for the beneficial uses described herein. 6. Amount: 0.32 acre foot, conditional. 7. Proposed Use: Fire protection, piscatorial, lawn watering and aesthetic purposes. a. Surface area at high water line: 2,800 square feet (0.064 acres). b. Vertical height of dam: N/A. Caine Augmentation Pond No. 1 will be excavated and lined. c. Length of dam: N/A. Caine Augmentation Pond No. 1 will be excavated and lined. 8. Total capacity of pond: 0.32 acre feet; with an active capacity of 0.32 acre feet and dead storage of 0.0 acre feet. 9. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored: Applicant. III. Caine Augmentation Pond No. 2 (formerly Caine Pond No. 2). 1. Name of Structure: Caine Augmentation Pond No. 2. 2. Legal Description: W½ of the SW¼ of the NW¼ of the SW¼, Section 28, Township 10 South, Range 84 West, 6th P.M. the outlet for the Caine Augmentation Pond No. 2 is located at a point which is 1,870 feet from the South section line and 240 feet from the West section line of said Section 28. 3. Source: Roaring Fork River. 4. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Caine Augmentation Pond No. 2 will be filled by diversions from the Caine Pump and Pipeline, described herein. 5. Appropriation Date: April 30, 2010. How Appropriation was initiated: By field inspection and formation of the intent to appropriate water for the beneficial uses described herein. 6. Amount: 0.41 acre foot, conditional. 7. Proposed Use: Fire protection, piscatorial, lawn watering and aesthetic purposes. a. Surface area at high water line: 3,584 square feet ( 0.082 acres). b. Vertical height of dam: N/A. Caine Augmentation Pond No. 2 will be excavated and lined. c. Length of dam: N/A. Caine Augmentation Pond No. 2 will be excavated and lined. 8. Total capacity of pond: 0.41 acre foot; with an active capacity of 0.41 acre foot and dead storage of 0.0 acre feet. 9. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored: Applicant. THIRD CLAIM: APPLICATION FOR RIGHT OF APPROPRIATIVE EXCHANGE. 1. Name of exchange: Caine Exchange. 2. Location: The reach of the Roaring Fork River between the headgate of the Caine Pump and Pipeline (upstream terminus) and the confluence of the Roaring Fork River and the Colorado River which is located in the SE1/4 NW1/4, Section 9, MAY 2010 RESUME WATER DIVISION 5 PAGE 22

Township 6 South, Range 89 West, 6th P.M., at a point which is 2,380 feet from the west line and 2,300 feet from the north line of said Section 9 (downstream terminus). 3. Source: Basalt Water Conservancy District Allotment Contract entitling the Applicants to 1.0 acre foot of District’s water rights described more particularly below. 4.A. Appropriation Date: i. October 14, 2005 ( 0.067 cfs). ii. April 30, 2010 ( 0.155 cfs). How Appropriation was initiated: By field inspection and formation of the intent to appropriate water for the beneficial uses described herein. 5. Volumetric limit claimed: 1.0 acre feet per year. 6. Rate claimed: i. 0.067 cfs., conditional (Appropriation Date October 14, 2005). ii. 0.155 cfs, conditional (Appropriation Date April 30, 2010). 7. Proposed Use: Substitution and Exchange. 8. Operation: Applicant intends to divert from the Roaring Fork River through the Caine Pump and Pipeline to fill and refill Caine Pond, Caine Augmentation Pond No. 1, and Caine Augmentation Pond No. 2 by substitution and exchange under the appropriative right of exchange described herein. 9. Remarks: Applicants have secured an Allotment Contract with Basalt Water Conservancy District in the amount of 1.0 acre foot to replace out-of-priority depletions associated with evaporative losses and landscape irrigation from Caine Pond, Caine Augmentation Pond No. 1, and Caine Augmentation Pond No. 2. The 1.0 acre foot amount includes sufficient water to replace transit losses which are estimated to be 10%. FOURTH CLAIM: APPLICATION FOR PLAN FOR AUGMENTATION 1. Name of structures to be augmented: Caine Pump and Pipeline, Caine Pond, Caine Augmentation Pond No. 1, and Caine Augmentation Pond No. 2. 2. Water rights to be used for augmentation: (a) Caine Augmentation Pond No. 1 and Caine Augmentation Pond No. 2 (b) Basalt Water Conservancy District Allotment Contract. Based upon said Allotment Contract, the Basalt Water Conservancy District will make the following water rights available to the Applicant for augmentation purposes: a. Green Mountain Reservoir. b. Ruedi Reservoir. c. Troy Ditch. d. Troy Ditch 1st Enlargement. e. Troy Ditch 2nd Enlargement. f. Edith Ditch. g. Edith Ditch 1st Enlargement. h. Troy Ditch Water System aka Lower Headgate. i. Robinson Ditch – Priorities 38, 140, 167, 212C and 326. A complete description of these water rights is attached hereto as Exhibit A, which is incorporated herein by this reference. 3. Statement of plan for augmentation: The Applicants’ plan for augmentation involves accounting for and replacing net out-of-priority stream depletions from the Caine Pump and Pipeline, Caine Pond, and Caine Augmentation Pond Nos.1 and Pond No. 2 (“Caine Water Rights”). The Applicants are constructing a residential home on approximately 4.5 acres of land adjacent to the Roaring Fork River. As part of the landscaping features of the property, the Applicant plans to construct one aesthetic pond (the Caine Pond). The Applicant also plans to construct two augmentation ponds (Caine Augmentation Pond No. 1 and Caine Augmentation Pond No. 2 to provide a replacement supply for net out-of-priority depletions caused by the direct diversions and diversions into storage from the Caine Pump and Pipeline. All the ponds will be off- channel and lined. Exhibit B shows the location of the proposed structures. The Applicant intends to divert water from the Roaring Fork River through the Caine Pump and Pipeline to fill and refresh the Caine Pond, Caine Augmentation Pond Nos. 1 and 2, and to irrigate up to 0.3 acres of landscape. In the event of a valid senior call against the Caine Water Rights, the Applicants will replace net out-of-priority depletions with water made available under the Basalt Water Conservancy District Allotment Contract (“Basalt Supply”) by exchange, provided that the calling water right is located below the replacement supply and exchange potential exists. In the event that the calling water right is located above point of replacement of the Basalt Supply, the Applicant will provide replacement water by releasing water stored in Caine Augmentation Pond Nos. 1 and 2 to the Roaring Fork River. The total annual projected depletions for lawn irrigation and gross evaporation of the Caine Pond, and Caine Augmentation Pond Nos. 1 and 2 are as follows: 1) 0.54 acre-feet for landscape irrigation; 2) 0.24 acre-feet of evaporation from the Caine Pond, including the evaporation from the conveyance ditches that connect the ponds; 3) 0.39 acre-feet of evaporation from the Caine Augmentation Pond Nos. 1 and 2. The total annual projected depletions for the Caine Water Rights are 1.17 acre-feet. For the purposes of this augmentation plan, it is assumed that the Applicants diversions will be in priority during April, May and June, and out-of-priority for the remainder of the year. Therefore, the Applicant’s out-of-priority depletions total 0.66 acre-feet. Exhibit C summarizes the depletion calculations. For the purposes of operation of the plan for augmentation, a consumptive use factor of 85% will be used to determine the net depletions from the lawn irrigation, with 15% returning to the Roaring Fork. The landscaped areas to be irrigated are in close proximity to the Roaring Fork, therefore no lagging is necessary. Water diverted for replacement of evaporation will be 100% consumptive. When the calling senior right is below the point of replacement of the Basalt Supply, the out-of-priority net depletions will be calculated by applying a 85% consumptive use factor to the amount applied to irrigation and applying 100% consumptive use factor to the amount of evaporation. When the senior calling right is above the point of replacement of the Basalt Supply, the out-of-priority net depletions will be calculated by applying a 85% consumptive use factor to the amount applied to irrigation and no diversions will be made to replace evaporation. To operate the plan, the following diversion amounts will be measured: the total diversion amount at the Caine Pump and Pipeline, the amount diverted for irrigation, and the amount returned to the Roaring Fork River. (7 pages and 3 exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

23. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. MAY 2010 RESUME WATER DIVISION 5 PAGE 23

08CW117 MESA COUNTY-UNNAMED TRIBUTARY TO COTTONWOOD CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO THE COLORADO RIVER. Reo & Anita Zentz; 54135 LE 2/10 Road; Molina, CO 81646 (970)487- 3035. Needy’s Ditch No. 1, Reo’s Spring No. 1 & Reo’s Spring No. 2-Amended Application for Water Rights(Surface). Locations: Needy’s Ditch No. 1- SE¼SW¼SW¼ of Sec. 18, T.10S, R.95W. of the 6th P.M. 305 ft. from the south sec. line and 831 ft. from the west sec. line. Appropriation: April 1, 1889. Amount: 0.55 cfs, absolute. Use: irrigation. Reo’s Spring No. 1-NE¼NW¼ of Sec. 19, T.10S, R.95W. of the 6th P.M. 325 ft. from the north sec. line and 2,400 ft. from the west sec. line. Appropriation: June 1, 1984. Amount: 50 gpm, absolute. Use: irrigation. Reo’s Spring No. 2-SE¼SW¼ of Sec. 18, T.10S, R.95W. of the 6th P.M. 125 ft. from the south sec. line and 2,000 ft. from the west sec. line. Appropriation: June 1, 1984. Amount: 2.5 gpm, absolute. Use: irrigation. Name and address of land owner upon which requested water structures are located: Wallace Currier; 11653 54 7/10 Road; Molina, CO 81646 and Andy Nara; 53901 LE 2/10 Road; Molina, CO 81646. (21 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

24. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW51 (03CW112) SUMMIT COUNTY-SWAN RIVER. Richard Becker; 765 St. Paul; Wildwood, MO 63021 (970)453-2004. Well SE-30-Application to Make Absolute. Location: NE¼SW¼ of Sec. 16, T.6S, R. 77W. of the 6th P.M. 1,970 ft. from the south sec. line and 2,350 ft. from the west sec. line. Appropriation: Oct. 30, 1989 Amount: 0.033 cfs, absolute. Use: in-house domestic. Application contains detailed outline of work performed during the diligence period. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

25. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW110 (01CW223) EAGLE COUNTY-RED CANYON CREEK & SEEPS, SPRINGS & PRECIPITATION RUNOFF TRIBUTARY TO RED CANYON CREEK, TRIBUTARY TO THE EAGLE RIVER. Dustin R. Womble; 4902 21st; Lubbock, TX 79407 (806)438-4384. Red Canyon Estates Pond #11-Application for Finding of Reasonable Diligence. Location: SW¼SE¼ of Sec. 24, T. 4S, R. 83W. of the 6th P.M. Point of intersection of the centerline of the dam and the spillway is located whence the NE corner of said Sec. 25 bears South 50º00’East 2,190 ft. Appropriation: June 1, 1986. Amount: 2.0 af, conditional. Use: domestic, stock watering, piscatorial, fish propagation, aesthetic, fire suppression, dust suppression, wildlife, hydropower, storage, augmentation, recreation and irrigation. Application contains an outline of work performed during the diligence period. (21 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

26. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2010. 10CW118 MESA AND GARFIELD COUNTIES, Mack Pumping Pipeline, Application for Findings of Reasonable Diligence. Name, Address and Telephone of Applicant. CAM-Colorado LLC, c/o Corey Heaps, 2352 N.7th Street, Unit B, Grand Junction, Colorado 81501, (970) 260-4650. Please direct all pleadings and correspondence to David F. Jankowski and Alan E. Curtis, White & Jankowski, LLP, 511 Sixteenth Street, #500, Denver, Colorado 80202. 2. Name of Structure. Mack Pumping Pipeline (“Pipeline”). 3. Description of Conditional Water Right. Previous Decrees: Original Decree: Case No. 13368, District Court in and for Mesa County, April 13, 1972. Alternate Point of Diversion: Case No. W-2052, Water Division No. 5, May 29, 1974. Previous Diligence Decrees: Cases No. 02CW92, April 30, 2004; 95CW238, March 26, 1996; 88CW164, October 13, 1989; 84CW120, February 20, 1985; 80CW205, January 12, 1982; W-684-76, January 30, 1980; W-684, November 22, 1972. These decrees were issued by the Water Court for Water Division No. 5. Decreed Location of Point of Diversion: Original Point of Diversion: The originally decreed point of MAY 2010 RESUME WATER DIVISION 5 PAGE 24 diversion for the Mack Pumping Pipeline is on the right bank of the Colorado River whence the witness corner of the unlocated corner common to Sections 5, 6, 7 and 8, Township 10 South, Range 103 West, Mesa County, Colorado, bears North 41 degrees 40 minutes West, a distance of 3,025 feet. Alternate Point of Diversion: The legal description of the alternate point was decreed as to be located on the north bank of the Colorado River at a point whence the northeast corner of Section 11, Township 1 North, Range 3 West of the Ute Meridian bears North 02 degrees 46 minutes East, a distance of 4,322.7 feet. Source: Colorado River. Appropriation Date: May 20, 1965. Amount: 150 c.f.s. Uses: Industrial, domestic, municipal and recreational purposes. 4. Detailed Outline of Work Done Toward Completion or For Completion of the Appropriation and Application of Water to Beneficial Use. The period for diligence for the Subject Water Rights extends from April 30, 2004, when the previous diligence decree was entered, to April 30, 2010 (“Diligence Period”). During the Diligence Period, Applicant completed, without limitation, the following activities toward application of all or a portion of the Mack Pumping Pipeline to beneficial use. a. Applicant and its parent company, Rhino Energy LLC, are engaged in coal mining in Central and Northern Appalachia, the Illinois Basin and the western United States, including in western Colorado. The water right decreed to the Pipeline will be used by the Applicant to provide a water supply for mining of coal at the Applicant’s McClane Canyon Mine (“McClane Mine”) in Mesa and Garfield Counties and for related uses. If needed to supplement other water supplies, the Pipeline may also be used as an alternative water supply for the Applicant’s Red Cliff Mine. Diversion of the water right decreed to the Pipeline is most likely to occur at the alternate point of diversion described in ¶ 3.b.ii., above. b. During 2010, Applicant retained Souder Miller Associates (“SMA”) of Grand Junction, Colorado, to prepare a pipeline routing study for delivery of water diverted by the Pipeline at the alternate point of diversion to the Applicant’s mines. SMA prepared a preliminary route for the Pipeline, taking into account geologic and other considerations along the route, investigated the current ownership of lands at the point of diversion and along the proposed Pipeline route and indentified permitting requirements which Applicant may be required to meet to construct and operate the Pipeline. c. In 2010, Applicant retained Bishop-Brodgen Associates, Inc. (“BBA”) of Denver, Colorado, to prepare an analysis of continuing water availability for the Pipeline. BBA concluded that water continues to be available in amounts sufficient to satisfy the full decreed amount of the Pipeline. d. During the diligence period, Applicant undertook activities to expand and improve the operation of the McClane Mine, including without limitation the following: i. Applicant conducted engineering studies pertaining to the expansion of the McClane Mine. These include an engineering analysis of the planned expansion and studies of soils and surface and underground water at the McClane Mine site. ii. Applicant will construct a rail load out facility near the town of Fruita for transport of coal produced at the McClane Mine. Applicant has entered a contract to purchase approximately 200 acres of land west of Fruita as the location for the load out facility. Applicant is presently conducting due diligence under this contract and closing is expected to occur during June 2010. iii. Applicant performed environmental and resource studies related to both the McClane Mine site and the load out property. These included (1) an archeological study and an evaluation of alluvial areas at the McClane Mine location, (2) an analysis of a railroad spur line to transport coal from the load out area to main rail lines near the town of Fruita and a Phase I environmental analysis and hazardous materials investigation of the load out area and (3) a cultural resources evaluation, air quality analysis, vegetation and soils studies and wildlife studies for both the McClane Mine and load out area. Applicant also completed aerial photography of the load out area to facilitate design planning of the load out facility. iv. Applicant has participated in numerous meetings with state and federal agencies responsible for permitting and regulation of the McClane Mine and load out areas. These include meetings with (1) the Colorado Division of Reclamation, Mining and Safety regarding permitting requirements for the McClane Mine and load out area, (2) the Colorado Department of Wildlife regarding permitting requirements for both locations and (3) the United States Bureau of Land Management regarding requirements for the environmental assessment for expansion of the McClane Mine. Applicant also conducted site visits to the load out area with the United States Army Corps of Engineers regarding possible jurisdictional wetlands at the site. v. Applicant continued throughout the diligence period to operate the McClane Mine, which produced approximately 275,000 tons of coal annually for sale to an electrical generating facility. e. The activities undertaken by the Applicant during the diligence period toward development of the Pipeline and the McClane Mine and attendant facilities have resulted in expenditures of approximately $175,000, exclusive of the amount to be paid upon closing purchase of the land for the rail load out facility. 5. Names and Addresses of Owners of Lands or Reputed Owners of Lands Upon Which New or Modified Diversion or Storage Structures Are or Will Be Constructed. Owners of lands on which diversion structures, including headgates and pipeline structures, may in the future be constructed are: i. Applicant, at the address shown in part 1, above. ii. United States of America, BLM Colorado State Office, 2850 Youngfield St., Lakewood, CO 80215. iii. Fruita Development LLC , 11990 San Vicente Blvd., Suite 200, Los Angeles, CA 90049. iv. Union Pacific Railroad Company, 1400 W. 52nd Ave., Denver, CO 80221. Wherefore, Applicant requests the decree of this Court that it has diligently pursued application of the water right for the Pipeline to beneficial use, that it has a continuing intent to use the water right for decreed purposes and that it can and will apply the water right to beneficial use within a reasonable time. (6 pages). A map showing the subject structures and place of use for the subject water rights was also provided with the application. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

MAY 2010 RESUME WATER DIVISION 5 PAGE 25

27. 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 MAY 2010. 10CW120 (01CW223)(92CW269) EAGLE COUNTY - RED CANYON CREEK, TRIBUTARY OF THE EAGLE RIVER. Red Canyon Estates Homeowners Association, Inc., Doug McMurrain, Registered Agent, 1601 Red Canyon Creek Road, Edwards, Colorado 81632-4939, Telephone: (404) 275-7100, c/o David L. Kueter, Esq., Harvey W. Curtis & Associates, 8310 South Valley Highway, Suite 230, Englewood, Colorado 80112, Telephone: (303) 292-1144. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Names of structures: 2.a. Red Canyon Estates Pond No. 11. 2.b. Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump. 3. Describe conditional water rights giving the following from the Judgment and Decree: 3.a. Red Canyon Estates Pond No. 11. 3.a.(1) Date of original decree: March 28, 1997, Case No. 92CW296, in the District Court, Water Division No. 5, State of Colorado. 3.a.(2) Subsequent decree(s) awarding findings of diligence: April 6, 2004, Case No. 01CW223, in the District Court, Water Division No. 5, State of Colorado. 3.a.(3) Location: Pursuant to the decree in Case No. 92CW296, the Red Canyon Estates Pond No. 11 is located on Lot 10, Red Canyon Estates Subdivision in the southwest quarter of the southeast quarter, Section 24, Township 4 South, Range 83 West of the 6th P.M., Eagle County, Colorado, more specifically described as follows: The point of intersection of the centerline of the dam and the spillway is located whence the northeast corner of Section 25 bears South 53 degrees 00 minutes East 2,190 feet. The location of Lot 10 is shown on the map attached hereto as Exhibit A. Pursuant to the decree in Case No. 01CW223, the location of the portions of the Red Canyon Estates Pond No. 11 decreed to be absolute was changed to the following locations: i. Red Canyon Estates Pond No. 11A, located in the northwest quarter of the southeast quarter of Section 24, Township 4 South, Range 83 West of the 6th P.M., at a point whence the southeast corner of said Section 24 bears South 40 degrees 53 minutes 44 seconds East a distance of 2,460 feet, 1,823 feet from the south section line, 1,648 feet from the east section line. ii. Red Canyon Estates Pond No. 11B, located in the northwest quarter of the southeast quarter of Section 24, Township 4 South, Range 83 West of the 6th P.M., at a point whence the southeast corner of said Section 24 bears South 47 degrees 54 minutes 57 seconds East a distance of 2,352 feet, 1,538 feet from the south section line, 1,784 feet from the east section line. iii. Red Canyon Estates Pond No. 11C, located in the northwest quarter of the southeast quarter of Section 24, Township 4 South, Range 83 West of the 6th P.M., at a point whence the southeast corner of said Section 24 bears South 48 degrees 36 minutes 26 seconds East a distance of 2,358 feet, 1,521 feet from the south section line, 1,806 feet from the east section line. The location of the portion of the Red Canyon Estates Pond No. 11 water right continued as conditional was not changed by the decree in Case No. 01CW223. 3.a.(4) Source: Red Canyon Creek, seeps, springs and precipitation runoff tributary to Red Canyon Creek, tributary to the Eagle River. 3.a.(5) Appropriation Date: June 1, 1986. 3.a.(6) Decreed Amount: Red Canyon Estates Pond No. 11 was originally decreed for 2.0 acre feet for the beneficial uses set forth in paragraph 3.a.(7), below. In Case No. 01CW223, 0.165 acre feet was decreed absolute for the beneficial uses listed in paragraph 3.a.(7), below. Pursuant to the decree in Case No. 01CW223, 1.844 acre feet was continued as conditional for the beneficial uses listed in paragraph 3.a.(7), below. The remaining conditional amount is the subject of this diligence application. 3.a.(7) Decreed Uses: The Red Canyon Estates Pond No. 11 was decreed the right to fill and maintain full continually when in priority for application to the following uses: domestic, stock watering, piscatorial, aesthetic, fire suppression, dust suppression, wildlife, augmentation, recreation and the irrigation of 56 acres. The area to be irrigated by the Red Canyon Estates Pond No. 11 is located within the Red Canyon Estates as shown on Exhibit A. The exclusive right to the use of Red Canyon Estates Pond No. 11 for recreation purposes was decreed in Case No. 92CW296 to the then-owners of Lot 10, Richard and Jennifer Kass. 3.a.(8) Depth (if well): Not applicable. 3.b. Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump. 3.a.(1) Date of original decree: March 28, 1997, Case No. 92CW296, in the District Court, Water Division No. 5, State of Colorado. 3.a.(2) Subsequent decree(s) awarding findings of diligence: April 6, 2004, Case No. 01CW223, in the District Court, Water Division No. 5, State of Colorado. 3.a.(3) Location: Pursuant to the decree in Case No. 92CW296, the Red Canyon Estates Lot 10 Pond 11Irrigation Pump diverts from the Red Canyon Estates Pond No. 11, as described in paragraph 3.a.(3), above. Pursuant to the decree in Case No. 01CW223, the location of the Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump was changed to the location of the Red Canton Estates Pond No. 11A, described in paragraph 3.a.(3)i., above. 3.a.(4) Source: Seeps, springs and precipitation runoff tributary to Red Canyon Creek, and Red Canyon Creek, tributary to the Eagle River. 3.a.(5) Appropriation Date: June 1, 1986. 3.a.(6) Decreed Amount: The Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump was originally decreed in the amount of 0.15 c.f.s. for the beneficial uses set forth in paragraph 3.a.(7), below. Pursuant to the decree in Case No. 01CW223, the Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump was decreed absolute in the amount of 0.15 c.f.s. for the following uses: stock watering, fish propagation, recreation, wildlife, fire suppression, dust suppression, aesthetics, irrigation of 5,000 square feet of lawn and gardens and storage uses. The Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump water right was continued as conditional in the amount of 0.15 c.f.s. for the following uses: irrigation, domestic, and hydropower purposes. This conditional amount is the subject of this application. 3.a.(7) Decreed Uses: Domestic, stock watering, piscatorial, fish propagation, recreation, wildlife, hydropower, fire suppression, dust suppression, aesthetics, irrigation of approximately 56.0 acres and storage. The area to be irrigated by the Red Canyon Estates Lot 10 Pond No. 11 Irrigation Pump is located within the Red Canyon Estates as shown on Exhibit A. 3.a.(8) Depth (if well): Not applicable. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: 4.a. Applicant has spent in excess of $500.00 in legal fees and costs since October 2009 in connection with Applicant’s water rights, including the rights which are the subject of this application. 4.b. The conditional MAY 2010 RESUME WATER DIVISION 5 PAGE 26 water rights which are the subject of this application are part of Applicant’s augmentation plan decreed in Case No. 92CW296. During the subject diligence period, Applicant has paid over $5,800.00 to the United States Bureau of Reclamation, under Green Mountain Reservoir Contract No. 4-07-60-W1057, for augmentation releases in accordance with the decree in Case No. 92CW296. 5. If claim to make absolute: Not applicable. 6. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Dustin R. Womble and Leisha A. Womble, 4902 21st, Lubbock, TX 79407. (7 pages, including 1 page of exhibits.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.