DIVISION 5 WATER COURT- MAY 2018 RESUME

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW6 (11CW106) GARFIELD COUNTY-WASTEWATER FROM THE REYNOLDS & CAIN DITCH TRIBUTARY TO MITCHELL CREEK TRIBUTARY TO THE COLORADO RIVER. Arthur & Maureen Rothman; 721 C.R. 170; Carbondale, CO 81623 (970)963-0261. Rothman’s Diversion-Application to Make Absolute in Whole or In Part. Location: NE¼SW¼ of Sec. 5, T.6S, R.89W. of the 6th P.M. 1,536 ft. from the north sec. line and 1,313 ft. from the west sec. line. Appropriation: June 23, 2011. Amount: 0.9 c.f.s., absolute. Use: Non-consumptive flow to cool living space. Amount: 0.1 c.f.s., conditional. Use: Irrigation of 0.68 acre of land. An outline of work completed during the diligence period is included in the application. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW7 GARFIELD COUNTY-DRY HOLLOW CREEK TRIBUTARY TO THE COLORADO RIVER. Mary Jane Hangs; 3493 C.R. 331; Silt, CO 81652. 9970)876-2271. Hangs Spring- Application for Absolute Water Rights (Surface). UTM: E0271093 N4375973 Z13. Appropriation: Jan. 1, 1977. Amount: 0.10 c.f.s., absolute. Use: stock water. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. 18CW10 (09W99) GARFIELD COUNTY-CATTLE CREEK TRIBUTARY TO THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. Gary & Eileen Jones; 4396 C.R. 113; Carbondale, CO 81623. (970)928- 0101. BB Lot 5 Ditch and BB Lot 5 Pond-Application for Finding of Reasonable Diligence. BB Lot 5 Ditch-NW¼SE¼ of Sec. 11, T.7S, R.88W. of the 6th P.M. 3,850 ft. from the north sec. line and 2,200 ft. from the east sec. line. Appropriation Jun. 15, 2001. Amount: 0.50 c.f.s., conditional. Uses: to fill BB Lot 5 Pond, stock watering, wildlife, aesthetic, piscatorial, irrigation, augmentation and recreation. BB Lot 5 Pond- NW¼SE¼ of Sec. 11, T.7S, R.88W. of the 6th P.M. 3,700 ft. from the north sec. line and 2,570 ft. from the east sec. line. Amount: 0.5 a.f., conditional, with the right to fill and refill in priority (fill rate: 0.5 c.f.s.,conditional). Uses: recreation, piscatorial, aesthetic, wildlife, stock watering. Landowner on which structure is located: Chris McGovern; 930 Bennett Ave.; Glenwood Springs, CO 81601. An outline of work completed during the diligence period is included in the application. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed

MAY 2018 RESUME WATER DIVISION 5 PAGE 2 by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3056 GARFIELD COUNTY. CATTLE CREEK, TRIB. TO ROARING FORK RIVER, TRIB. TO COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Kathy Weiss, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Weiss No. 1 Pond; Date of orig. decree: 11/23/1998, Case No. 96CW311, Dist. Court, Water Division No. 5. Subsequent decrees awarding diligence: Cases No. 04CW185, 11CW136, Dist. Court, Water Division No. 5. Decreed location: SE1/4SE1/4, Sec. 14, T. 7 S., R. 88 W., 6th P.M. N. 40 deg., 00’ W. a distance of 1,600 ft. from the S.E. Corner of said Sec. 14. Date of approp.: 11/26/1996. Amt. claimed: 4.0 a.f., cond. Use or proposed use: aug. Name of well: Weiss Well No. 1 (Well Permit No. 51747-F). Date of orig. decree: 11/23/1998, Case No. 96CW311, Dist. Court, Water Division No. 5. Subsequent decrees awarding diligence: Case Nos. 04CW185, 11CW136, Dist. Court, Water Division No. 5 Decreed location: Located at a pt. whence the W. Quarter Corner of Sec. 14, T. 7 S., R. 88 W., 6th P.M. bears N. 73 deg., 38' 51" W. 4,140.81 ft. Also described as being in the NW1/4, SE1/4, Sec. 14, T. 7 S., R. 88 W., 6th P.M. at a pt. 1450 ft. from the S. Sec. line and 1550 ft. from the E. Sec. line of said Sec. 14. Source: Cattle Creek, trib. to Roaring Fork River, trib. to Colorado River. Depth: 200 ft. Date of approp.: 5/22/1978. Amt. claimed: 0.033 c.f.s. cond. Use or proposed use: irr., dom., stockwatering for up to 10 head of livestock and comm. Structure: Park Ditch Weiss Enlargement. Date of orig. decree: 11/23/1998, Case No. 96CW311, Dist. Court, Water Division No. 5. Subsequent decrees awarding diligence: Case Nos. 04CW185, 11CW136, Dist. Court, Water Division No. 5. Decreed location: NW1/4, Sec. 7, T. 7 S., R. 87 W., 6th P.M. whence a red spruce 30" in diameter marked “B/T” bears N. 11 deg. W. 65 ft., the NE Corner of Sec. 13, T. 7 S., R. 87 W., bears S. 14 deg. W. 3140 ft. Source: Cattle Creek, trib. to Roaring Fork River, trib. to Colorado River. Date of approp.: 11/26/1996. Amt. claimed: 1.0 c.f.s. cond. Use or proposed use: aug. by filling and release from Weiss Pond No. 1. A complete list of diligence activities and expenditures is on file with this court. Names and addresses of owners of the land 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 YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3057 COLORADO RIVER, MESA COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE, River Bluffs, LLC, c/o Gerald A. Tucker, 1111 South Twelfth Street, Grand Junction, Colorado 81501, (970) 243-1242, [email protected]. c/o Kirsten M. Kurath, Williams, Turner & Holmes, PC, 744 Horizon Court, Suite 115, Grand Junction, Colorado 81506 (970) 242-6262, [email protected]. Structure: A & G Pump; Decree: April 19, 1999, District Court, Water Div. No. 5, Case No. 98 CW 192; Subsequent Decrees: November 22, 2005, District Court, Water Div. No. 5, Colorado, Case No. 05CW63; May 29, 2012, District Court, Water Div. No. 5, Case No. 11CW150; Location: T1N, R2W, Ute Meridian, SW1/4 NW1/4, Section 28, at a point N 08°55'58”E 2672.57 feet from the SW corner of said Section 2. See map attached to Application as Exhibit A; Source: Colorado River; App. Date: May 20, 1998; Amount: 2.00 cfs; Uses: Irrigation, stock watering, domestic and wildlife, recreational, aesthetic and piscatorial purposes. Names and addresses of owners of the land upon which new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. The Application contains a detailed outline of what has been done toward completion of the appropriation of the conditional water right described above. In summary, it was not economically feasible for Applicant to develop the property and hence the conditional water right during this diligence period. C.R.S. § 37-92-301(4)(c) provides that current economic conditions beyond the control of an applicant which adversely affect the feasibility of perfecting a conditional water right shall not be considered sufficient to deny a diligence application so long as other facts and circumstances which show diligence are present. The Applicant has taken steps to develop the water right. Applicant requests that the Court enter an order and decree finding that the Applicant has been reasonably diligent in the development of the conditional water right described above and continuing the water right in full force and effect. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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

MAY 2018 RESUME WATER DIVISION 5 PAGE 3 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3058 GARFIELD COUNTY. W. ELK CREEK, TRIB. TO ELK CREEK, TRIB. TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Arlen J. Jackson, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Park Reservoir, Second Enlargement. Info. from Prior Decrees: Orig. Decree Case No. 86CW283, 4/6/1987, Case No. 97CW47, 6/24/1997, Case No. 03CW131, 3/7/2005, Case No. 11CW36, 5/29/2012, Dis. Court, Water Division No. 5. Legal Description: The Southerly end of the dam on Park Reservoir, Second Enlargement bears N. 39° 07’ W. 14,163.7 ft. from the N.W. corner of Sec. 4, T. 5 S., R. 91 W., 6th P.M. Amt: 476.0 AF, cond. Use: dom., irr., fish culture and rec. Appropriation Date: 4/1/1974. A complete list of diligence activities and expenditures is on file with this court. Names and address of owner 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: Applicant and United States Forest Service, 900 Grand Avenue, Glenwood Springs, CO 81601. 5 pages. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3059 COTTONWOOD CREEK, PLATEAU CREEK, COLORADO RIVER, MESA COUNTY, APPLICATION TO MAKE CONDITIONAL WATER RIGHTS PARTIALLY ABSOLUTE AND FOR A FINDING OF REASONABLE DILIGENCE Brad A. Baldwin and Diane K. Baldwin,740 West Wilshire Court, Grand Junction, CO 81506, 970-245-8583, [email protected], c/o Kirsten M. Kurath, Williams, Turner & Holmes, P.C.,744 Horizon Court, Suite 115, Grand Junction, Colorado 81506. Structures: Baldwin Pond and the Mormon Mesa Ditch, Baldwin Diversion Enlargement (“Baldwin Diversion”). Decree: May 30, 2012, Case No. 11CW141, Water Div. No. 5, District Court, Colorado. Subsequent Decrees: None. Baldwin Pond: Location: Baldwin Pond is located in the SE1/4NW1/4 of Section 28, Township 10 South, Range 95 West, of the 6th P.M. at a point approximately 2,119 feet south of the North section line and 2,211 feet east of the West section line of said section. See Exhibit 1. Source: Baldwin Pond derives its source of supply from Cottonwood Creek, tributary to Plateau Creek, tributary to the Colorado River. App. Date: October 19, 2010. Amount:1.62 acre-feet, together with the right to refill the pond when water is available in priority. The amount for refill shall not exceed 15.6 acre feet per year. Uses: Recreational, aesthetics, fire protection and wildlife watering, absolute; irrigation and piscatorial, conditional. The right to re-fill is conditional in the amount of 15.6 acre feet. Water stored in Baldwin Pond will be used to irrigate a combination of grasses, trees, and shrubs on the 5.7 acres located in the SE1/4NW1/4 and SW1/4NE1/4 of Section 28, Township 10 South, Range 95 West, 6th P.M. See Exhibit 1attached to the Application. Mormon Mesa Ditch, Baldwin Diversion Enlargement (“Baldwin Diversion”): Location: Diversions for the Baldwin Diversion will be made at the existing headgate for the Mormon Mesa Ditch (Structure ID 799) which is located in the NW1/4 NW1/4 of Section 3 Township 11 South, Range 95 West, of the 6th P.M. at a point approximately 1,162 feet south of the North section line and 1,175 feet east of the West section line of said section. See Exhibit 2 attached to the Application. Source: The Baldwin Diversion derives its source of supply from Cottonwood Creek, tributary to Plateau Creek, tributary to the Colorado River. App Date: October 19, 2010. Amount: 0.5 c.f.s. Uses: To fill Baldwin Pond for the subsequent uses of recreation, aesthetics, fire protection and wildlife watering, absolute; irrigation and piscatorial, conditional; and to refill Baldwin Pond for the subsequent uses of recreation, aesthetics, fire protection and wildlife watering, irrigation, and

MAY 2018 RESUME WATER DIVISION 5 PAGE 4 piscatorial, conditional. The water will be used to irrigate a combination of grasses, trees, and shrubs on the 5.7 acres located in the SE1/4NW1/4 and SW1/4NE1/4 of Section 28, Township 10 South, Range 95 West, 6th P.M. See Exhibit 1. Claim to Make Water Rights Partially Absolute: Baldwin Pond: Baldwin Pond filled on May 1 through 3, 2012, when there was no call on Cottonwood Creek. See the CDSS call records. Accordingly, the full amount of the Baldwin Pond water right should be made absolute for all the decreed uses in accordance with C.R.S. § 37-92-301(4)(e) and C.R.S. § 37-92-103(4)(a). Furthermore, during this diligence period the Applicants did stock the pond with fish and have used the water from the Baldwin Pond for irrigation. The Applicants do not have accurate accounting with which to document the refill of the Baldwin Pond subsequent to its first fill. Therefore, the Applicants do not claim any portion of the right to refill the Baldwin Pond up to 15.6 acre feet per year as absolute at this time. Baldwin Diversion: The Baldwin Diversion is decreed absolute to fill Baldwin Pond for the subsequent uses of recreation, aesthetics, fire protection and wildlife watering; and conditional to fill Baldwin Pond for the subsequent uses of irrigation and piscatorial. It is also conditional to refill Baldwin Pond for the subsequent uses of recreation, aesthetics, fire protection and wildlife watering, irrigation, and piscatorial. Because the Baldwin Diversion was used to fill the Baldwin Pond, which uses should all be made absolute in accordance with C.R.S. § 37-92-301(4)(e) and C.R.S. § 37-92-103(4)(a) and because the pond has been stocked with fish and used for irrigation, the Baldwin Diversion should be made absolute in the full amount for all decreed uses except for the refill right. The Application contains a detailed outline of what has been done toward completion of the appropriation of the conditional water rights described above. Names and addresses of owners of the land upon which new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Baldwin Pond is located on property owned by the Applicants. The existing headgate for the Mormon Mesa Ditch (Structure ID 799) which is used to make diversions for the Baldwin Pond Diversion is located on land owned by the U.S. Forest Service, 2777 Crossroads Blvd., Grand Junction, CO, 81506. Applicants request that the Court enter an order and decree finding that the Applicants have made the Baldwin Pond and Baldwin Diversion partially absolute as described above and finding that the Applicants been reasonably diligent in the development of the conditional water rights described above and continuing the water rights in full force and effect to the extent the same are not made absolute. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3060 Summit County. Application for Finding of Reasonable Diligence. Spring Creek Ranchers Association, Inc., c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Spring Creek Ranchers Community Well: Original decree entered on 09/22/05 in Case No. 93CW213; subsequent decree entered on 05/30/12 in Case No. 11CW134. Location: The well is located approx in the NE¼SE¼ of Sec 7, T 2 S, R 80 W, 6th PM, Summit County, CO, at a point approx 1,390 ft from S section line and 425 ft from E section line of said Sec 7. Source: Morrison sandstone. Depth: Approx 110 ft. Appropriation date: 08/31/95. Amounts and uses: 100 gpm (17.16 acre feet annually), total; 25 gpm, absolute, for domestic and irrigation purposes (decreed absolute in Case No. 11CW134); 75 gpm, conditional, for domestic and irrigation purposes. Location of irrigated area: Within the Spring Creek Ranch Subdivision. Remarks: The subject water right operates pursuant to Well Permit No. 64629-F and the plan for augmentation previously approved by this Court in Case No. 93CW213. The Application on file with the court includes a list of activities demonstrating diligence. Owner of land: Applicant. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

MAY 2018 RESUME WATER DIVISION 5 PAGE 5

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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3061 GARFIELD COUNTY. W. DIVIDE CREEK. Application for Finding of Reasonable Diligence. Applicant: Justin Bauer, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Fait Ditch. Orig. Decree, 4/20/1999, Case No. 98CW43, Case No. 11CW149, 5/30/2012, Dist. Court, Water Division 5. Legal Description: NE ¼ SW ¼, Sec. 13, T. 7 S., R. 92 W., 6th P.M. at a pt. 1,325 ft. from the S. line and 1,325 ft. from the W. line of said Sec. 13. Source: W. Divide Creek. Amt: 1.0c.f.s., cond. Use: to fill and refill the Fait Pond, continuously when in priority for livestock watering, dom., irr., wildlife propagation, and aug. uses. Approp. Date: 3/2/1998. Structure: Fait Pond. Orig. Decree, 4/20/1999 in Case No. 98CW43, and Case No. 11CW149, 5/30/2012, Dist. Court, Water Division 5. Legal Desc.: NE ¼ SW ¼, Sec. 13, T. 7 S., R. 92 W., 6th P.M. at a pt. 1,400 ft. from the S. line and 1,325 ft. from the W. line of said Sec. 13. Source: W. Divide Creek. Amt: 0.5AF, cond. Use: livestock watering, dom., irr., pisc., wildlife prop., and aug. uses. Approp. Date: 3/2/1998. Max. ht. of dam in ft.: 9 ft. Length of dam in ft.: 75 ft. Total capacity of reservoir in ft.: 0.581 AF. Active Capacity: 0.581 AF. Evap.: 0.32 AF. Remarks: The subject cond. water rights, along with the water right decreed to the Arthur Ditch First Enl. in Case No. 98CW043, are components of an integrated water supply project and plan for aug. designed to provide water to Applicant’s property for livestock watering, dom., irr. and wildlife prop. purposes. In addition to providing water directly for these purposes, releases of water stored in the Fait Pond augment out-of-priority depletions resulting from exercise of the water right decreed to the Arthur Pipeline First Enl. Water is delivered into the Fait Pond via the Fait Ditch. A detailed list of diligence activities and expenditures is on file with this court. Names and address of owner 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: Applicant. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3062 GARFIELD COUNTY Amended Application for Findings of Reasonable Diligence and/or to Make Water Right Absolute; Name of Applicant: Teller Springs Homeowners Association, Inc., please direct all correspondence to Applicant’s attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970) 947-1936, [email protected]; Applicant requests findings of reasonable diligence with regard to the following water right: Teller Spring Ditch No. 1. Prior Decrees: Case No. 90CW267, originally entered by this Court on February 11, 1993, District Court in and for Water Division No. 5. Subsequent findings of reasonable diligence: Case No. 99CW23, July 3, 2001, Case. No. 07CW137, July 24, 2008, and Case No. 10CW267, May 29, 2012, all in the District Court in and for Water Division No. 5. Location: the point of diversion for the ditch is at a point on the existing drainage tributary to the Roaring Fork River in the NE ¼ SE ¼, Section 12, Township 7 South, Range 89 West of the 6th P.M. in Garfield County, Colorado, more specifically described as a point when the South ¼ corner of said Section 12 bears South 41°07’00” West, 2,496 feet, also described as 1120 feet from the east section line and 1870 feet from the south section line of Section 12. See Exhibit A. Appropriation Date: December 12, 1990. Source: Roaring Fork River, tributary to the Colorado River. Uses: irrigation, commercial, fire protection, stockwatering, aesthetic, and domestic. Amount: 2.0 c.f.s., absolute for irrigation of 44 acres and stockwatering purposes; conditional for all other uses. Owner of land upon which structure is or will be located: Ronald and Denise York, 18091 River Chase Court, Alva, FL 33920. Applicant requests findings of reasonable diligence with regard to the following water right: Teller Springs Well No. 2. Prior Decrees: Case No. 90CW267, originally entered by this Court on February 11, 1993. Subsequent findings of reasonable diligence: Case No. 99CW23, July 3, 2001; Case. No. 07CW137, July 24, 2008; Case No. 10CW267, May 29, 2012, all in the District Court in and for Water Division No. 5. Location: NE ¼ NE ¼ Section 13, Township 7 South, Range 89 West of the 6th P.M. in Garfield County, Colorado, more specifically described as a point whence the North ¼ corner of Said 13 bears North 78°47’40” West, which is

MAY 2018 RESUME WATER DIVISION 5 PAGE 6 also 130 feet from the North Section line and 890 feet from the East Section line of said Section 13. See Exhibit B. Source: groundwater tributary to Roaring Fork River, tributary to the Colorado River. Depth: approximately 60 feet. Appropriation date: October 4, 1990. Uses: irrigation, domestic, and livestock watering. Amount: 60 g.p.m., 55 g.p.m. of which is absolute for, for irrigation, domestic, stockwatering and fire protection; 5 g.p.m. of which is conditional for these uses. Remarks: The annual appropriation amount from this well is limited to 28.7 acre-feet, as described in Case No. 04CW153 (combined amount for Teller Springs Wells Nos. 1-5). This well operates pursuant to Well Permit No. 47774-F. In Case No. 99CW23, the Court decreed this water right absolute in the amount of 25 g.p.m. for domestic, irrigation and stockwatering purposes, including at Teller Springs Well No. 1, which is a decreed alternate point of diversion for Teller Springs Well No. 2 (Case No. 90CW267) described below. In Case No. 07CW137, the Court cancelled municipal, storage, piscatorial, fish and wildlife habitat, augmentation, replacement, exchange, testing and monitoring uses. In Case No. 10CW267, the Court decreed this water right absolute for an additional 30 g.p.m., as diverted through its alternate point of diversion decreed at Teller Springs Well No. 3, described below, for domestic, irrigation, stockwatering and fire protection purposes. Land to be irrigated: land located in the South ½ of Section 12 and the North ½ of Section 13 in Township 7 South, Range 89 West of the 6th P.M. in Garfield County, Colorado. Owner of land upon which well is or will be located:Emily and William McCarty, 00280 Lariat Lane, Glenwood Springs, CO 81601. Alternate points of diversion for Teller Springs Well No. 2: Teller Springs Well No. 1, decreed as an alternate point in Case No. 90CW267. Location: NE ¼ NE ¼ Section 13, Township 7 South, Range 89 West of the 6th P.M. in Garfield County, Colorado, more specifically described as a point whence the North ¼ Corner of said Section 13 bears North 80°23’00’ West 1,769 feet, also being described as 955.6 feet from the east section line and 307 feet from the north section line of said Section 13. See Exhibit C. Source: groundwater tributary to the Roaring Fork River, tributary to the Colorado River. Depth: approximately 40 feet.Teller Springs Well No. 3, decreed as an alternate point in Case No. 04CW153. Location: the location for this well is anywhere within the Teller Springs Subdivision located in Sections 12 and 13, Township 7 South, Range 89 West of the 6th P.M. in Garfield County Colorado as shown on the final plat for the Teller Springs Subdivision on record with the Garfield County Clerk and Recorder. This well was drilled in the SE ¼ SE ¼ of Section 12, Township 7 South, Range 89 West of the 6th P.M., 1168 from the east section line and 69 feet from the south section line. See Exhibit D. Source: Groundwater tributary to the Roaring Fork River, tributary to the Colorado River. Depth: 49 feet. Amount: 60 g.p.m., 30 g.p.m. of which is absolute for all decreed uses; 30 g.p.m. of which remains conditional for all decreed uses. Uses: domestic, irrigation, stockwatering and fire protection. Teller Springs Well No. 4, Decreed as an alternate point in Case No. 04CW153. Location: The location for this well is anywhere within the Teller Springs Subdivision located in Sections 12 and 13, Township 7 South, Range 89 West of the 6th P.M. in Garfield County Colorado as shown on the final plat for the Teller Springs Subdivision on record with the Garfield County Clerk and Recorder. Source: Groundwater tributary to the Roaring Fork River, tributary to the Colorado River. Amount: 60 g.p.m., conditional. Uses: domestic, irrigation, stockwatering and fire protection. Teller Springs Well No. 5, Decreed as an alternate point in Case No. 04CW153. Location: The location for this well is anywhere within the Teller Springs Subdivision located in Sections 12 and 13, Township 7 South, Range 89 West of the 6th P.M. in Garfield County Colorado as shown on the final plat for the Teller Springs Subdivision on record with the Garfield County Clerk and Recorder. Source: Groundwater tributary to the Roaring Fork River, tributary to the Colorado River. Amount: 60 g.p.m., conditional. Uses: domestic, irrigation, stockwatering and fire protection. Remarks: Teller Springs Well Nos. 3-5 are alternate points of diversion for the Teller Springs Subdivision water supply in addition to the Teller Springs Well Nos. 1 and 2 decreed in Case No. 90CW267. Case No. 04CW153 added the use of fire protection to the already approved uses of irrigation, domestic, and livestock watering. It is understood that Teller Springs Well Nos. 1-5 can divert 60 g.p.m., each, and the combined volumetric limitation for all wells is diversions of a maximum of 28.7 acre-feet annually, as described in Case No. 04CW153. Remark: These wells will be augmented pursuant to the decrees rendered in Case Nos. 90CW267, 94CW081, and 99CW023. The wells shall be operated in accordance with the terms and conditions of the plan for augmentation decreed in those cases. Applicant requests findings of reasonable diligence with regard to the following water rights: Jeffery Spring Nos. 14 to 16. Prior Decrees: Case No. 91CW61, originally entered by this Court on February 11, 1993, District Court in and for Water Division No. 5. Subsequent findings of reasonable diligence: Case No. 99CW23, July 3, 2001; Case No. 07CW137, July 24, 2008; Case No. 10CW267, May 29, 2012, all in the District Court in and for Water Division No. 5. Locations & Amounts: Jeffery Spring No. 14: Section 13, Township 7 South, Range 89 West, 6th P.M., Garfield County, Colorado, at a point whence the N ¼ corner of Section 13 bears N 87°51’49” W, 1,271.88 feet; also described as being in the NW ¼ NE ¼ of Section 13, 1437 feet from the east section line and 56 feet from the north section line; for 0.089 c.f.s. See Exhibit E. Jeffery Spring No. 15: Section 13, Township 7 South, Range 89 West, 6th P.M., Garfield County, Colorado, at a point whence the N ¼ corner of Section 13 bears N 83°04’33” W, 1625.89 feet; also described as being in the NE ¼ NE ¼ of Section 13, 1089 feet from the east section line and 207 feet from the north section line; for 0.111 c.f.s. See Exhibit F. Jeffery Spring No. 16: Section 13, Township 7 South, Range 89 West of the 6th P.M., Garfield County, Colorado, at a point whence the N ¼ corner of Section 13 bears N 83°29’04” W, 1,789.52 feet; also described as being in the NE ¼ NE ¼ of Section 13, 925 feet from the east section line and 215 feet from the north section line; for 0.111 c.f.s. See Exhibit G. Source: Springs tributary to the Roaring Fork River,

MAY 2018 RESUME WATER DIVISION 5 PAGE 7 tributary to the Colorado River. Appropriation date: April 30, 1991. Uses: irrigation of 80 acres within the Teller Springs Subdivision. Jeffery Springs Nos. 14, 15, and 16 were initially decreed for irrigation of 80 acres. In Case No. 99CW23, the Court decreed these water rights absolute for their entire flow for irrigation of 30 acres and continued as conditional for the entire flow amount for the irrigation of an additional 50 acres within the Subdivision. Ex. B shows the general location of these areas to be irrigated. Remark: The irrigation water rights associated with the Jeffery Spring Nos. 14-16 are augmented by the plans for augmentation decreed in Case Nos. 91CW61 and 04CW153. Owner of land upon which springs are located: Jeffrey Spring No. 14 – Applicant; Jeffery Springs Nos. 15 and 16 - Emily and William McCarty, 00280 Lariat Lane, Glenwood Springs, CO 81601. Applicant requests the following be made absolute or in the alternative, findings of reasonable diligence with regard to the following water right: O’Neill Reservoir. Prior Decrees: Case No. 91CW119, originally entered by this Court on February 11, 1993, District Court in and for Water Division No. 5. Subsequent findings of reasonable diligence: Case No. 99CW23, July 3, 2001; Case No. 07CW137, July 24, 2008; Case No. 10CW267, May 29, 2012, all in the District Court in and for Water Division No. 5. Location: the center of the dam is in Section 12, Township 7 South, Range 89 West of the 6th P.M., in Garfield County, Colorado, at a point 1,600 feet from the East Section Line and 2,100 feet from the South Section Line of Said Section 12. See Exhibit H. Source: O’Neill Creek and springs tributary thereto, known as the O’Neill Springs, also known as the Jeffery Spring Nos. 1 through 14, as those springs have been adjudicated in Case No. 89CW326, Water Division No. 5, which is also the current source of water for the O’Neill Spring and Pipeline as decreed in Civil Action No. 3723 and Case No. W-140. The reservoir may also be filled with water diverted from the Roaring Fork River or tributaries thereof as decreed in Case Nos. 90CW266 and 91CW061 for the Teller Springs Ditch No.1. Appropriation date: December 12, 1990. Uses: irrigation, conditional; fire protection, aesthetic, recreational, wildlife habitat, livestock watering, and piscatorial, absolute. Amount: 4.24 acre-feet active capacity, 2.6 acre-feet dead storage. Owner of land upon which reservoir is located: Applicant. Since the entry of the decree in the prior case, Case No. 10CW267, C.R.S. § 37-92-301(4) was enacted which states: “A decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed and controlled at the decreed storage structure.” Therefore, the impoundment of water described above for the O’Neill Reservoir (4.24 acre-feet), should be made absolute for all purposes – irrigation being the only remaining conditional use which should now be made absolute. Applicant requests findings of reasonable diligence with regard to the following water right: Teller Springs Extension Ditch No. 1 to Kaiser and Sievers Ditch: Prior Decrees: Case No. 93CW274, originally entered by this Court on September 9, 1994, District Court in and for Water Division No. 5. Subsequent findings of reasonable diligence: Case No. 07CW68, June 8, 2008; Case No. 10CW267, May 29, 2012, all in the District Court, Water Division No. 5. Source: The source of water is the Kaiser and Sievers Ditch. The source of the Ditch is the Crystal River, tributary to the Roaring Fork River, tributary to the Colorado River and all return flows, seepage and other infiltration that may occur into the Kaiser and Sievers Ditch. Appropriation Date: October 7, 1993. Amount: 6.0 c.f.s., conditional. Location: As amended in Case No. 04CW153, the point of diversion is the outfall of the Teller Springs Lake which is located on Lot 19 of the Teller Springs subdivision as shown by the final plat recorded at 428210, and the amended plat recorded at 446368 of the Garfield County Clerk and Recorder, also described as being in the SE ¼ NE ¼ of Section 13, 1203 feet from the east section line and 1444 feet from the north section line. Water which is collected in the Lake located in the NE ¼ of Section 13, Township 7 South, Range 89 West of the 6th P.M. will flow out through the outflow and be used for irrigation. See Exhibit I. Uses: supplemental irrigation of 80 acres of land generally located within the Teller Springs Subdivision as shown by the final plat recorded at 428210 and amended plat recorded at 446368 of the records of the Garfield County Clerk and Recorder. Owner of land upon which structure is or will be located: Gib and Lee Plimpton, 00188 Lariat Lane, Glenwood Springs, CO 81601. The Amended Application includes a detailed description of the work performed during the diligence period toward the application of the subject water rights to beneficial use. (10 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3063 - EAGLE AND PITKIN COUNTIES. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL RIGHTS ABSOLUTE FOR THE FRYINGPAN-ARKANSAS PROJECT. 1. Name,

MAY 2018 RESUME WATER DIVISION 5 PAGE 8 address, telephone number of applicant. Southeastern Colorado Water Conservancy District (Southeastern); 31717 United Avenue, Pueblo, CO 81001; (719) 948-2400; c/o Lee E. Miller, General Counsel. Please send all pleadings and correspondence to applicant’s attorneys: Stephen H. Leonhardt and Morgan L. Figuers; Burns, Figa & Will, P.C.; 6400 S. Fiddlers Green Circle, Suite 1000, Greenwood Village, CO 80111; (303) 796-2626. 2. Name and Type of Structure: The Fryingpan-Arkansas Project (Project), which includes the decreed West Slope features listed in Table 1, below. The Project’s West Slope features are diversion structures and tunnels that collect and convey water. Table 1 lists the features that are located within the Project’s “North Side Collection System” or “South Side Collection System”, and then by subsystems, and the Boustead Tunnel. Table 1 also lists the name of the tributary on which the feature is located, the total decreed diversion amount, any amount decreed absolute, and any remaining conditional amount, and indicates which features are not yet built. The map on file with the court as Exhibit 1 shows the locations of these features. Table 1: West Slope Features of the Project SOUTH SIDE COLLECTION SYSTEM Hunter Creek Sub-system Remaining Conditionally Name of Tributary Total Decreed Amount (cfs) Decreed Amount (cfs) No Name Creek and Unnamed 95 (85 previously decreed Tributary absolute) 10

Midway (South Fork Hunter Creek and Unnamed Tributary) 85 (fully decreed absolute) 0

140 (fully decreed absolute) Hunter Creek 0 Sawyer Lake Creek-Chapman Gulch Sub-system

40 (fully decreed absolute) Sawyer Lake Creek 0

300 (fully decreed absolute) Chapman Gulch 0 South Fork Fryingpan River Sub-system

250 (fully decreed absolute) South Fork Fryingpan River 0 Fryingpan River Sub-system 400 (395 previously decreed Fryingpan River and Marten Creek absolute) 5 NORTH SIDE COLLECTION SYSTEM North Fork Sub-system Remaining Conditionally Decreed Name of Tributary Total Decreed Amount (cfs) Amount (cfs) Lime Creek* 50 50 Unnamed Tributary to Slim’s Gulch* 85 85 Slim’s Gulch* 85 85 Last Chance Creek* 135 135 South Side Intercept of Last 10 10 Chance Creek* 100 (87 previously decreed 13 Carter Creek absolute)

North Side Intercept of North Fork of Fryingpan River* 10 10

30 (fully decreed absolute) North Fork (Savage Lakes Creek) 0 Mormon Creek Sub-system

60 (fully decreed absolute) Mormon Creek 0

MAY 2018 RESUME WATER DIVISION 5 PAGE 9

South Side Intercept of North

Fork of Fryingpan River* 15 15 Cunningham Creek Sub-system

30 (fully decreed absolute) North Cunningham Creek 0 North Cunningham Creek Intercept* 15 15

Middle Cunningham Creek and 50 (fully decreed absolute) South Cunningham Creek 0

Unnamed Tributary to South Cunningham Creek Canal* 30 30 South Cunningham Creek 20 (fully decreed absolute) 0 Ivanhoe Creek Sub-system Ivanhoe Creek 150 (fully decreed absolute) 0 Ivanhoe Creek Intercept* 30 30 Lily Pad Creek 35 (fully decreed absolute) 0

50 (fully decreed absolute) Granite Creek 0 Fryingpan Intercept Canal* 10 10 BOUSTEAD TUNNEL Fryingpan-Arkansas Divide Tunnel Remaining Conditionally Decreed Name of Tributary Total Decreed Amount (cfs) Amount (cfs)

All tunnels from North Side and 900 (fully decreed absolute) South Side Collection Systems ** 0 *Structures that are not yet built. **An additional 100 cfs enlargement right with a more junior priority was decreed in Case No. 83CW352 (Water Div. 5) and made fully absolute in Case No. 02CW324 (Water Div. 5). 3. Description of Project: The Project is a $550 million multi- purpose reclamation project authorized by Congress and built by the U.S. Bureau of Reclamation (Reclamation). The Project has numerous features that work together to divert water from the Colorado River Basin into the Arkansas River Basin, and to divert and store water from the Arkansas River and its tributaries, for storage and delivery in the Arkansas Valley. All Project features required to divert, convey, and store water on both the East and West slopes were designed as part of a single water supply system to supply water for beneficial use in parts of nine counties in the Arkansas Valley that are within Southeastern’s boundaries. The Project’s water collection system on the West Slope is located in Water District No. 38 of Water Division 5, in Eagle and Pitkin Counties. 4. Conditional Water Rights: The Project’s remaining conditional West Slope rights listed in Table 1, above. 4.1. Original Decree: The conditional decree for the West Slope Project features was entered in Civil Action No. 4613 on August 3, 1959, nunc pro tunc June 20, 1958, in the District Court in and for the County of Garfield, State of Colorado, in the proceedings captioned “In the Matter of the Supplemental Adjudication of the Priority of Appropriation of Water for All Beneficial Purposes in Water District No. 38 in the State of Colorado; Robert L. Bridges, Executor of the Estate of Tucker McClure, Deceased, and M. Stanley Pings, Petitioners.” 4.2 Decree date: June 20, 1958. 4.3. Date of appropriation: July 29, 1957. 4.4. Decreed uses: Irrigation, domestic, municipal, power, manufacturing, and all other beneficial use purposes. 4.5. Supplemental Information and Subsequent Decrees: The District Court for Water Division No. 5, in Case No. W-829-76, on November 27, 1979, confirmed and approved the Referee’s finding of due diligence for the Project (Project No. 511), and changed the conditional decree to reflect the changes in the Project as it has been built. The District Court for Water Division No. 5 in Case Nos. 09CW40 (April 23, 2012 nunc pro tunc April 10, 2012), 01CW265 (July 12, 2002), 95CW53 (October 3, 1995), 88CW245 (March 7, 1989), 84CW195 (June 15, 1985) and 80CW267 (December 7, 1982), confirmed and approved the Referee’s findings of due diligence and/or issued absolute and partial absolute decrees for West Slope Project features. 4.6. Legal descriptions: The legal description for each of the features of the Project included in this application is found in the decree in Civil Action No. 4613, as amended by the decree in Case No. W- 829-76, both incorporated herein by reference. Legal descriptions for the features with remaining conditional rights are listed

MAY 2018 RESUME WATER DIVISION 5 PAGE 10 below by: name of tributary (Collection System; subsystem). 4.6.1. No Name Creek and Unnamed Tributary (South Side Collection System; Hunter Creek Subsystem): On No Name Creek—a point whence the Southwest corner of Section 7, Township 8 South, Range 83 West of the Sixth Principal Meridian, bears N. 2°03’55” E. for a distance of 64,855.96 feet; and in addition, by conveyance ditch from dike on unnamed tributary – a point whence the Southwest corner of Section 7, Township 8 South, Range 83 West of the Sixth Principal Meridian, bears N. 1°44’05” E. for a distance of 64,859.11 feet. 4.6.2. Fryingpan River and Marten Creek (South Side Collection System; Fryingpan River Subsystem): On Fryingpan River and Marten Creek—a point whence the Southwest corner of Section 7, Township 8 South, Range 83 West of the Sixth Principal Meridian, bears N. 50°07’52” W. for a distance of 66,623.39 feet. 4.6.3. Lime Creek (North Side Collection System; North Fork Subsystem): On Lime Creek, a tributary to the Fryingpan River, whence the Northwest corner of Section 24, Township 7 South, Range 83 West, Sixth Principal Meridian bears North 82°54’ West for a distance of 7,482 feet. 4.6.4. Unnamed Tributary to Slim’s Gulch (North Side Collection System; North Fork Subsystem): On an unnamed tributary to Slim’s Gulch, a tributary to Lime Creek, at a point whence the Northwest corner of Section 24, Township 7 South, Range 83 West, Sixth Principal Meridian bears North 43°42’ West a distance of 5,270 feet. 4.6.5. Slim’s Gulch (North Side Collection System; North Fork Subsystem): On Slim’s Gulch, whence the Northwest corner of Section 24, Township 7 South, Range 83 West, Sixth Principal Meridian bears North 15°26’ West a distance of 10,488 feet. 4.6.6. Last Chance Creek (North Side Collection System; North Fork Subsystem): On Last Chance Creek, a tributary to the North Fork of the Fryingpan River, whence the Southwest corner of Section 7, Township 8 South, Range 83 West, Sixth Principal Meridian bears South 73°25’ West for a distance of 35,840 feet. 4.6.7. South Side Intercept of Last Chance Creek (North Side Collection System; North Fork Subsystem): On an unnamed tributary to Last Chance Creek, a tributary to the Fryingpan River, whence the Southwest corner of Section 7, Township 8 South, Range 83 West, Sixth Principal Meridian bears North 83°52’ West a distance of 24,844 feet. 4.6.8. Carter Creek (North Side Collection System; North Fork Subsystem): On Carter Creek – a point whence the Southwest corner of Section 7, Township 8 South, Range 83 West of the Sixth Principal Meridian, bears S. 87°53’31” W. for a distance of 47,278.77 feet. 4.6.9. North Side Intercept of North Fork of Fryingpan River (North Side Collection System; North Fork Subsystem): On an unnamed tributary to the North Fork of the Fryingpan River, whence the Southwest corner of Section 7, Township 8 South, Range 83 West, Sixth Principal Meridian bears North 81°53’ West a distance of 35,675 feet. 4.6.10. South Side Intercept of North Fork of Fryingpan River (North Side Collection System; Mormon Creek Subsystem): On an unnamed tributary to the North Fork of the Fryingpan River, whence the Southwest corner of Section 7, Township 8 South, Range 83 West, Sixth Principal Meridian bears North 84°28’ West a distance of 40,299 feet. 4.6.11. North Cunningham Intercept (North Side Collection System; Cunningham Creek Subsystem): On an unnamed tributary to Cunningham Creek, a tributary to the Fryingpan River, whence the Southwest corner of Section 7, Township 8 South, Range 83 West of Sixth Principal Meridian, bears North 77°28’ West a distance of 40,651 feet. 4.6.12. Unnamed Tributary to South Fork Cunningham Creek Canal (North Side Collection System; Cunningham Creek Subsystem): On an unnamed tributary to the North Fork of the Fryingpan River, at a point whence the Southwest corner of Section 7, Township 8 South, Range 83 West, Sixth Principal Meridian bears North 67°31’ West a distance of 33,566 feet. 4.6.13. Ivanhoe Creek Intercept (North Side Collection System; Ivanhoe Creek Subsystem): On an unnamed tributary to the Fryingpan River, at a point whence the Southwest corner of Section 7, Township 8 South, Range 83 West, Sixth Principal Meridian bears North 67°17’ West, a distance of 33,512 feet. 4.6.14. Fryingpan Intercept Canal (North Side Collection System; Ivanhoe Creek Subsystem): On an unnamed tributary to the Fryingpan River, at a point whence the Southwest corner of Section 7, Township 8 South, Range 83 West, Sixth Principal Meridian bears North 50°49’ West a distance of 49,713 feet. 5. Sources of water: The sources of water for the West Slope features of the Project are those indicated in paragraph 2 above, and all of those sources’ tributaries, all tributary to the Roaring Fork River. 6. Amounts of water conditionally decreed: The amounts of water which were conditionally decreed are indicated in paragraph 2 above. Some amounts have been made partially or fully absolute in previous decrees, as indicated in paragraph 2 above. 7. Detailed outline of work done toward completion of Project and application of water to beneficial use: 7.1. Work in connection with the Project, and all its decreed diversions, has been prosecuted with reasonable diligence. The existing West Slope features have been operated to divert and convey water to the Project’s East Slope reservoirs and facilities and thereafter for decreed beneficial uses. Southeastern has contractual agreements for the planning, construction, operation, maintenance and repayment of the Project with Reclamation. Consequently, Reclamation’s acts and expenditures evidence diligence with respect to Southeastern’s conditional water rights. 7.2. Project activities include operation, maintenance and improvement of the collection system and storage system. Operation of the Project is subject to the terms of Water Division 5 and Division 2 Decrees, the Project’s Operating Principles, and the Congressional authorizing legislation. Current diversions and recordkeeping are integral to future development of the Project’s conditional rights. Operation of, diversions by, and development of the collection system can be affected by storage space in the Project reservoirs in Water Division 2. 7.3. Throughout the diligence period, the Boustead Tunnel and the existing West Slope diversion features were in operation and maintenance status. From June 2012 through May 2018, Southeastern expended in excess of $8 million on East Slope and West Slope Project operation and maintenance costs. Reclamation was also allotted in excess of $69 million for Project water and energy management and development,

MAY 2018 RESUME WATER DIVISION 5 PAGE 11 land management and development, facility operations, and facility maintenance and rehabilitation costs from 2012-2018, as explained in Reclamation’s annual Budget Justification reports. 7.4. Reclamation began or continued several operation, maintenance, and repair activities on West Slope Project features during the diligence period, in accordance with its contract with Southeastern. Gauges that were previously installed at Lime and Last Chance Creeks have been operated and maintained in connection with development of diversions at those points, and Reclamation has been gathering information from the gauges. A study on repairs to the Cunningham Tunnel invert where erosion has created voids in the flowline of the tunnel was performed in 2015. Replacement of the existing microwave repeater radios at two communication sites began and continues. Cleaning and/or re-drilling the Northside/Southside Collection System tunnel weep holes in order to prevent the buildup of hydrostatic pressure around the tunnels began in 2012 and continues. 7.5. During the diligence period from June 2012 through May 2018, Southeastern expended in excess of $2 million for engineering consultation and legal fees and costs, primarily to protect Southeastern’s West and East Slope water decrees and for further Project development. Southeastern undertook a new study of its remaining conditional rights in Water Division 5, including water availability for these rights and alternatives for realizing the authorized yield of the Project, during the diligence period. Southeastern has appeared as a party in various water rights proceedings involving water rights in order to protect Southeastern’s various decreed rights in the Project. Southeastern also has expended substantial executive time and legal and engineering expense toward protecting and administering the Winter Water Storage Program in Pueblo Reservoir pursuant to the Decree in Case No. 84CW179 (Water Div. 2), which program contributes to repayment of the Project costs. Southeastern has taken part in various legislative, administrative and judicial proceedings to protect Southeastern’s rights in the Project, including its absolute and conditional West Slope water rights. 7.6. Southeastern and Reclamation have continued participating in and monitoring activities in relation to endangered fish species on the Colorado River and the critical habitat designated for these fish. The United States Fish and Wildlife Service issued its Programmatic Biological Opinion for the Upper Colorado River above the confluence with the Gunnison River on December 20, 1999, which required, among other things, that a certain quantity of water be delivered to the 15-Mile Reach of the Colorado River to ensure the protection of certain endangered species of fish. Throughout the diligence period, Southeastern and Reclamation have worked with other water users on the Colorado River to plan for and implement water releases to benefit endangered fish. Southeastern contributed $1.75 million to the Front Range Water Council’s $17.2 million plan for water releases to benefit four species of endangered fish on the Colorado River. 7.7. Southeastern also has worked extensively towards the completion of the Arkansas Valley Conduit (AVC). The AVC is a Project feature that was originally contemplated in the Project’s authorizing legislation to provide water to municipalities and water providers in the Arkansas River Valley. Reclamation was allotted in excess of $14 million for the AVC, and Southeastern spent in excess of $1 million in operating expenses on the AVC, from 2012-2018. The Record of Decision for the AVC was completed in 2014, after the Final Environmental Impact Statement was completed in 2013. To facilitate the AVC, Southeastern entered into a Contract with the United States for the Use of Excess Capacity in the Facilities of the Project on December 23, 2016. Planning for the AVC has continued throughout the diligence period. 7.8. Southeastern, acting through its Water Activity Enterprise, has completed adjudication of three exchange applications in Water Division 2. A final Decree in Case No. 01CW151 was entered on June 16, 2014, for exchange of certain return flows from Project water into Pueblo Reservoir for use within the Southeastern District. Southeastern also joined with four other parties to the May 2004 IGA to adjudicate “Recovery of Yield” exchange rights in Case No. 06CW120 (Water Div. 2), in which a final decree was entered August 17, 2016. This exchange allows Southeastern to recapture water for beneficial use to meet flow management program targets when it foregoes exchanges. The exchanges decreed in Case Nos. 01CW151 and 06CW120 help to “secure the greatest benefit from the use and reuse of imported project waters within project boundaries in the State of Colorado,” as provided in the Operating Principles and contemplated in the decrees for Southeastern’s water rights. Southeastern’s activities on these matters demonstrate reasonable diligence with respect to the District’s water rights for the Project. Southeastern also completed adjudication of exchange rights including Case No. 06CW08, in Water Division 2, for diverting water by exchange upstream on the Arkansas River at Pueblo Reservoir (including the proposed Pueblo Reservoir Enlargement), and to deliver to the downstream calling water right an equivalent amount of substitute supply water from ditch diversions and storage in facilities below Pueblo Reservoir. 7.9. Southeastern entered into a Lease of Power Privilege (LoPP) with Reclamation on August 10, 2017, to construct a Hydroelectric Power Plant at Pueblo Dam. Southeastern spent in excess of $7 million in 2017 to develop this Hydroelectric Power Plant. The planning and permitting process for the Plant began in 2011, after which design planning, permitting, and construction began. The Plant will cost in excess of $21 million, and Southeastern secured a $17.39 million loan from the Colorado Water Conservation Board. Southeastern estimates that up to 7.5 megawatts of power will be produced annually, and Southeastern would realize revenues of $50 million over the next 50 years, which would go toward programs which are crucial to the supply and protection of Project water. 7.10. While the construction of certain conditionally decreed Project features has not yet been started, there is no intent to abandon these features or any of the conditional water rights listed above. As recognized in the Decree in Case No. W-829-76, construction of these diversions has been “held in abeyance” pending actual operation of the Project for a sufficient period of time to determine whether or not construction of these features will become necessary. That evaluation remains underway, and has

MAY 2018 RESUME WATER DIVISION 5 PAGE 12 been the subject of substantial study since the previous diligence decree in 2012. As this Court has previously found, the construction, operation and maintenance of parts of the Project demonstrate reasonable diligence for other parts of the Project. The collection, transportation, storage, and power systems and features of the Project comprise one overall, integrated water supply project. See, e.g., Decrees in Case Nos. 95CW53 at 7 ¶7 & 89CW076 at 4 ¶7. 8. Name/Address of Landowners: United States Department of Interior, Bureau of Reclamation, 11056 West County Road 18E, Loveland, CO 80537-9711; United States Department of Agriculture, United States Forest Service, 617 Cole Blvd., Building 17, Lakewood, CO 80401. 9. Claim to Make Conditional Water Rights Absolute: Southeastern requests the following amounts be decreed absolute for the following Project features. Table 2: SOUTH SIDE COLLECTION SYSTEM Name of Conditionally Previous Requested Remaining Date of Tributary Decreed Amount Absolute Absolute Conditionally Diversion (cfs) Decrees Decree Decreed Amount (cfs) (cfs) (cfs) No Name Creek and Unnamed 95 85 86 9 June 6, 2010 Tributary Fryingpan River and 400 395 400 0 June 6, 2010 Marten Creek 10. Description of conditional water rights: See paragraph 2. 11. Source of water: The sources of water are indicated in paragraph 2. 12. Date water applied to beneficial use: The dates of maximum diversion for application to beneficial use are indicated in Table 2, above. Exhibit 2 on file with the court contains Reclamation’s 2010 diversion records for these two diversion structures. 13. Beneficial uses: The waters have been applied to beneficial uses which include irrigation, manufacturing, domestic, municipal, power, and other beneficial uses, as decreed under the conditional decree. 14. Because there has been diverted in priority, appropriated, transported to the East Slope, and applied to beneficial use under the conditional decree the amounts requested above, at the above points of diversion, Southeastern requests absolute decrees for irrigation, manufacturing, domestic, municipal, power, and other beneficial purposes, with an appropriation date of July 29, 1957, for the parts of the Project described in Table 2, above (14 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3064 PITKIN COUNTY. Amended Application for Findings of Reasonable Diligence and/or to Make Water Rights Absolute. Name and contact information for Applicant Gateway of Snowmass Metropolitan District c/o Integrated Mountain Group, please direct all correspondence to Applicants’ attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970) 947-1936, [email protected]. Applicant requests that the following water right be made absolute, or in the alternative for findings of reasonable diligence: Wooden Spring No. 1, First Enlargement, Prior decrees: Case No. 94CW184 (2 of 3), originally entered by this Court on December 18, 1995, District Court in and for Water Division No. 5. Subsequent findings of reasonable diligence: Case No. 01CW338 and Case No. 11CW19, District Court in and for Water Division No. 5. Location: The Wooden Spring No. 1 is located in the SE ¼ of Section 4, Township 9 South, Range 86 West of the 6th P.M. at a point 1,130 feet east of the w\West section line and 875 feet north of the South section line. Source: a spring tributary to Capitol Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation Date: April 10, 1992. Date applied to beneficial use: March 2009 by filling the Adger Pond System. Amount: 0.1 c.f.s., conditional. Uses: Augmentation and exchange, aesthetic, and the filling of Adger Pond for those uses. Name and address of owner of land upon which well will be located: Allen H. Adger, 1645 Capitol Creek Road, Snowmass, CO 81654. Applicant requests findings of reasonable diligence with regard to the following water right: Wooden Spring No. 2, First Enlargement. Previous decrees: December 18, 1995, Case No. 94CW184 (3 of 3),

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Water Division No. 5; Subsequent decrees: Case No. 01CW338 and Case No. 11CW19, Water Division No. 5. Location: The Wooden Spring No. 2 is located in the SE ¼ of the SW ¼ of Section 4, Township 9 South, Range 86 West of the 6th P.M. at a point 1,105 feet east of the West section line and 800 feet north of the South section line. Source: a spring tributary to Capitol Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: April 10, 1992. Date applied to beneficial use: March 2009 by filling the Adger Pond System. Amount: 0.1 c.f.s., conditional. Uses: Augmentation and exchange, aesthetic, and the filling of Adger Pond for those uses. Name and address of owner of land upon which structure will be located: Allen H. Adger, 1645 Capitol Creek Road, Snowmass, CO 81654. Applicant requests findings of reasonable diligence with regard to the following water right: Adger Pond System. Previous decrees: December 18, 1995, Case No. 94CW184 (1 of 3), Water Division No. 5; Subsequent decrees: Case No. 01CW338 and Case No. 11CW19, Water Division No. 5. Location: The centerline of the dam axis of the Adger Pond System is located in the SE1/4 of Section 4, Township 9 South, Range 86 West of the 6th P.M. at a point 1,375 feet east of the West section line and 875 feet north of the South section line. Source: Wooden Springs Nos. 1 and 2, described above, and unnamed springs tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation Date: April 10, 1992. Amount: 3.5 acre-feet, with the right to fill and refill when and if water is legally and physically available. 2.05 acre-feet have been made absolute; 1.45 acre-feet remain conditional. Uses: aesthetic, augmentation and exchange. Length of dam: 250 feet. Total capacity of reservoir: 3.5 acre-feet; Active storage: 3.5 acre-feet; dead storage: 0 acre-feet. Name and address of owner of land upon which pond will be located: Allen H. Adger, 1645 Capitol Creek Road, Snowmass, CO 81654. Applicant requests that the following water right be made absolute or in the alternative, findings of reasonable diligence: Gateway Mesa Wastewater Ditch. Previous decrees: November 5, 1996, Case No. 96CW185, Water Division No. 5; Subsequent decrees: Case No. 02CW298 and Case No. 11CW19, Water Division No. 5. Location: The point of diversion is located at the outlet of the water treatment plant for the Gateway of Snowmass Mesa Subdivision within the SE1/4 of the NW1/4 of Section 34, Township 8 South, Range 86 West of the 6th P.M. at a point which is approximately 2550 feet east of the West section line and approximately 2280 feet south of the North section line. Source: Wastewater and effluent from the water treatment plant treating diversions from Gateway Mesa Well No. 2, Gateway Mesa Well No. 2 First Enlargement and Gateway Mesa Well No. 3. Appropriation date: December 8, 1991. Amount: 0.22 c.f.s., conditional. Date applied to beneficial use: March 2009 by filling the Oh-Be-Joyful Pond. Uses: filling the Oh-Be-Joyful Pond and all uses decreed thereto. Name and address of owner of land upon which structure is located: Mark and Karen Johnson, P.O. Box 55, Snowmass, CO 81654. Applicant requests that the following water right be made absolute, or in the alternative, for findings of reasonable diligence: Oh-Be- Joyful Pond. Previous decrees: November 5, 1996, Case No. 96CW185, Water Division No. 5; Subsequent decrees: Case No. 02CW298 and Case No. 11CW19, Water Division No. 5. Location: The point of diversion is at a point whence the center corner of Section 34, Township 8 South, Range 86 West of the 6th P.M. bears South 8°0’0” West 310 feet, also described as 2280 feet from the North section line and 2550 feet from the West section line. Source: Spring runoff, Snowmass Creek, tributary to the Roaring Fork River, and the Gateway Mesa Wastewater Ditch, all tributary to the Colorado River. Appropriation date: December 8, 1991. Amount: 1.3 acre-feet, conditional. Date applied to beneficial use: March 2009. Applicant has maintained an agreement with the property owner to utilize 1.3 acre-feet from the pond for augmentation and exchanges purposes pursuant to the augmentation plan approved by this Court in Case No. 96CW186, and continues to maintain the pond and outlet structures. Uses: augmentation and exchange. Max. height of dam: 0.5 feet. Total capacity: 1.72 acre-feet, active storage. Name and address of owner of land upon which structure will be located: Brod Family GST Exempt Irrevocable Trust, 7009 Kingsbury Blvd., St. Louis, MO 63130 and 1285 Snowmass Creek Road, Snowmass, CO 81654. Since the entry of the decree in the prior diligence case, Case No. 11CW19, C.R.S. § 37-92-301(4) was enacted which states: “A decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed and controlled at the decreed storage structure.” Therefore, the impoundment of water described above for the Oh-Be-Joyful Pond (1.3 acre-feet) and the Adger Pond System (2.05 acre-feet), as well as their filling rights (Wooden Spring Nos. 1 and 2 for 0.1 c.f.s and 0.1 c.f.s., respectively, and Gateway Mesa Wastewater Ditch for 0.22 c.f.s.) should be absolute for all purposes. Applicant requests findings of reasonable diligence with regard to the following water right: Gateway Mesa Well No. 2, First Enlargement. Previous decrees: December 29, 1998, Case No. 91CW261, Water Division No. 5; Subsequent decrees: Case No. 04CW204 and Case No. 11CW19, Water Division No. 5. Location: Tract 75, in the SW1/4 of the NE ¼ of Section 34, Township 8 South, Range 86 West of the 6th P.M. at a point 2179.20 feet from the North section line, 2739.50 feet from the West section line. Source: Alluvium adjacent to Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Initiation Appropriation date: June 30, 1989. Amount: 25 g.p.m., conditional, 25 g.p.m., absolute (50 g.p.m.). Uses: Domestic, irrigation, stock watering and fire protection purposes. Annual Diversion: 61.24 acre-feet per annum, in conjunction with Gateway Mesa Well No. 3. Legal description of acreage of land to be irrigated: Lawn and garden irrigation on individual lots located in the Gateway of Snowmass Mesa Subdivision, more particularly described on the Final Plat recorded in Plat Book 4, Page 91, Pitkin County records and certain adjoining parcels connected to the water supply system, together totaling approximately 9.54 acres. Name and address of owner of land upon which structure will be located: Brod Family Irrevocable Trust, as listed above. Remarks:

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This well is the subject of a Plan for Augmentation Including Exchange decreed in Case Nos. 91CW263 and 02CW392. Applicant requests findings of reasonable diligence with regard to the following water right: Gateway Mesa Well No. 3. Previous decrees: December 29, 1998, Case No. 91CW261, Water Division No. 5; Subsequent decrees: Case No. 04CW204 and Case No. 11CW19, Water Division No. 5. Location: Lot 4 of Oh-Be-Joyful Acres recorded in Plat Book 12 at Page 82 of the records of the Clerk and Recorder of Pitkin County, Colorado, and being located in the SE1/4 NW1/4 of Section 34, 200 feet from the North section line, 2600 feet from the West section line, Township 8 South, Range 86 West of the 6th P.M. Source: Alluvium adjacent to Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Initiation Appropriation date: December 31, 1986. Amount: 5 g.p.m., conditional, 95 g.p.m. absolute (100 g.p.m. total). Uses: Domestic, irrigation, stock watering and fire protection purposes. Annual Diversion: 61.24 acre-feet per annum, in conjunction with Gateway Mesa Well No. 2, First Enlargement. Legal description of acreage of land to be irrigated: Lawn and garden irrigation on individual lots located in the Gateway Metropolitan District, more particularly described on the Final Plat recorded in Plat Book 4, Page 91, Pitkin County records and certain adjoining parcels connected to the water supply system, together totaling approximately 9.54 acres. Name and address of owner of land upon which structure will be located: Brod Family Irrevocable Trust, as listed above. Remarks: This well is the subject of a Plan for Augmentation Including Exchange decreed in Case Nos. 91CW263 and 02CW392. The Amended Application includes a detailed description of the work performed during the diligence period. (8 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3065 GARFIELD COUNTY. Application for Findings of Reasonable Diligence; Name of Applicant: Christine McGovern, please direct all correspondence to Applicant’s attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970) 947-1936, [email protected]; Applicant requests findings of reasonable diligence with regard to the following water right: BB Lot No. 6 Well. Prior decrees: Case No. 01CW185, originally entered by this Court on August 4, 2003, District Court in and for Water Division No. 5. Subsequent findings of reasonable diligence: Case No. 09CW99, May 29, 2012, District Court in and for Water Division No. 5. Location: Anywhere within Lot 6A, Baby Beans Subdivision, as described at Reception No. 631262 of the Garfield County real estate records. See Exhibit A to the Application. Per Well Permit No. 234293-A, the well has been constructed in the NW ¼ SE ¼ of Section 11, Township 7 South, Range 88 West of the 6th P.M., 1875 feet from the South section line and 1925 feet from the East section line. UTM: 311886 Easting, 4369986 Northing. Depth: approximately 200 feet. Source: groundwater tributary to Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation Date: June 15, 2001. Amount: 15 g.p.m. (0.033 c.f.s.), conditional (1.2 acre-feet, annually). Decreed Uses: domestic purposes inside two single family dwellings, lawn and garden irrigation and stockwatering on Lot 6 of the Baby Beans subdivision as it is described in the records of the Garfield County Clerk and Recorder at Reception No. 303003 and as it was amended to Lot 6A, Baby Beans subdivision, as described at Reception No. 631262. The area proposed to be irrigated is 3,000 square feet on Lot 6, now known as Lot 6A. Name and address of owner of land upon which well will be located: Applicant. Applicant requests findings of reasonable diligence with regard to the following water right: BB Lot 6 Ditch. Location: the point of diversion is decreed to be located in the NW ¼ SE ¼ of Section 11, Township 7 South, Range 88 West of the 6th P.M., approximately 3750 feet from the North section line and 1800 feet from the East section line of said Section 11, Garfield County, Colorado. See Exhibit B to Application. Source: Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: June 18, 2001. Amount: 0.50 c.f.s., conditional. Decreed Uses: to fill the BB Lot 6 Point (described below) for stockwatering, wildlife, aesthetic, piscatorial, augmentation and recreational purposes. Name and address of owner of land upon which structure will be located: Applicant. Applicant requests findings of reasonable diligence with regard to the following water right: BB Lot 6 Pond. Location: the pond will be located in the NE ¼ SE ¼ of Section 11, Township 7 South, Range 88 West of the 6th P.M., approximately 1900 feet from the East Section line and 3650 feet from the North Section line in Section 11, on Lot 6 of the Baby Beans Subdivision as set forth at Reception No. 303003 of the real estate records of Garfield County, Colorado, as amended to Lot 6A Reception No. 631262. See Ex. A. Source: the point will be filled with the BB Lot 6 Ditch, which is described above herein, and local runoff tributary to Cattle Creek, tributary to the

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Roaring Fork River, tributary to the Colorado River. Appropriation Date: June 18, 2001. Amount: 0.5 acre-feet, conditional, with the right to fill and refill in priority (fill rate: 0.5 c.f.s., conditional). Uses: recreation, piscatorial, aesthetic, wildlife, stockwatering and augmentation. Pond/Dam information: Surface area at high water line: 5000 square feet. Maximum height of dam: 10 feet. Length of dam: 50 feet. Total capacity of pond: 0.5 acre-feet. Name and address of owner of land upon which pond will be located: Applicant. The Application includes a detailed description of the work undertaken by Applicant during the diligence period toward the development of the subject conditional water rights and application to beneficial use. (5 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3066 GRAND COUNTY Application to Make Absolute or, in the Alternative, for a Finding of Reasonable Diligence 1. Name, address, telephone number(s) of Applicants: YMCA of the Rockies (“YMCA”) Attn: CEO P.O. Box 20800 Estes Park, Colorado 80511-2800 (970) 887-2152 Direct pleadings to: Peter D. Nichols Megan Gutwein Berg Hill Greenleaf Ruscitti LLP 1712 Pearl Street Boulder, Colorado 80302 Fairways at Pole Creek Homeowners Association, Inc. (“HOA”) Attn: Larry Holder c/o Stephanie Thompson, Alderwood Colorado Management P.O. Box 3608 Winter Park, CO 80482 (970) 726-3070 Fraser Valley Metropolitan Recreation District (“FVMRD,” together with YMCA and HOA, “Co- Applicants”) Attn: Scott Ledin, Director P.O. Box 3348 Winter Park, CO 80482 (970) 726-8968 Direct pleadings to: David F. Bower Alison M. Lipman Johnson & Repucci LLP 2521 Broadway, Suite A Boulder, Colorado 80304 2. Description of Conditional Water Rights: A. Name of Structure: Gaylord Reservoir (formerly known as the Snow Mountain Reservoir Nos. 1 and 2), as shown on Exhibit A. i. Date of Original Decrees: May 30, 1978, Case Nos. W-3251 and W-3252, District Court, Water Division No. 5, Colorado. ii. Subsequent Decrees: a. On March 15, 1994, Case No. 92CW188, Water Division No. 5, the water rights for Snow Mountain Reservoirs Nos. 1 and 2 were consolidated into Gaylord Reservoir. b. This Court issued findings of reasonable diligence on May 28, 2012 in Case No. 11CW183, Water Division No. 5; December 20, 2005 in Case No. 04CW159, Water Division No. 5; September 9, 1998 in Case No. 96CW182, Water Division No. 5; June 26, 1990 in Case Nos. 90CW38 and 90CW39, Water Division No. 5; June 26, 1986 in Case Nos. 86CW21 and 86CW22, Water Division No. 5; and July 3, 1984 in Case Nos. 82CW35 and 82CW36, Water Division No. 5. c. In Case No. 96CW182, this Court decreed absolute 170 acre-feet for recreational, piscatorial, augmentation, and fire protection purposes. In Case No. 04CW159, this Court also decreed absolute 47 acre-feet for irrigation purposes. iii. Location: The reservoir is located in the NW1/4 and in Lots 1 and 2 of Section 7, Township 1 South, Range 76 West of the 6th P.M. A monument has been erected at the centerline of the axis of the reservoir dam and the Northwest wall of the emergency spillway whence the Southeast corner of Section 32, Township 1 North, Range 76 West, bears North 32°31′41″ East a distance of 10,232.7 feet. iv. Source: Unnamed tributary to Pole Creek and Pole Creek, tributary to Crooked Creek, tributary to the Fraser River, tributary to the Colorado River. The use of Pole Creek as a source will require construction of the Gaylord Feeder Ditch and Pipeline (formerly known as the Snow Mountain Feeder Ditch and Pipeline) originally decreed January 21, 1987 in Case No. 86CW66, Water Division No. 5, for 10 cfs, appropriation date of November 12, 1976, or a similar facility to deliver water from Pole Creek to Gaylord Reservoir. The first 20 acre-feet diverted each year from Pole Creek to Gaylord Reservoir may then be diverted pursuant to the decree in Case No. W-3252 for Snow Mountain Reservoir No. 2 including the appropriation and priority date for such reservoir. Remaining diversions from Pole Creek up to 150 acre- feet may be made under the provisions of the decree in Case No. 86CW66 or under a new decree. The date of appropriation and priority date under which such diversions are made shall be controlled by the decree authorizing such diversions. v. Appropriation Date: July 26, 1966. vi. Priority Date: December 20, 1976. vii. Amount: 170 acre-feet. Co-Applicants claim the entire amount absolute for all decreed purposes pursuant to C.R.S. §§ 37-92-103(4)(a) and 37-92-301(4)(e), and if and to the extent they are not shown to be absolute, Co-Applicants seek a finding of reasonable diligence. viii. Use: Municipal, domestic, irrigation, commercial, recreational, piscatorial, augmentation, replacement and exchange, and fire protection. ix. Land ownership information: Co-Applicant YMCA. 3. Outline of Work Done Toward Completion of Project and Application of Water to Beneficial Use: Co-Applicants seek to make the Gaylord Reservoir water right absolute, and in the alternative, a finding of reasonable diligence for the Gaylord Reservoir conditional water right. As decreed in Case

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No. 96CW182, Water Division No. 5, this conditional water right is part of an integrated raw water supply and potable water distribution system. This system includes, among other things, the Ruesch Spring and Ruesch Spring Nos. 2, 3 and 5, the YMCA (Just) Spring, Well Nos. 1 and 2, and the Gaylord Feeder Ditch and Pipeline and associated facilities. This Court has previously found that diligence on one part of this system is diligence on the entire system. During the interval of time since this Court’s last finding of diligence concerning Gaylord Reservoir, in continuing the development of the water right which is the subject of this Application, Applicants have engaged in additional planning, design, and construction work related to the improvement of their storage, treatment, and distribution system for delivering water for beneficial use, and have engaged in the legal defense and protection of their rights. Work performed to develop the subject conditional water right includes, but is not limited to: A. YMCA made a significant number of upgrades to its water filtration system at a cost of $238,000, including: i. Installed a Harmsco Cartridge Filtration System. ii. Installed two Harmsco MUNI-3-3FL-304 filter housings. iii. Installed a SCADA system to provide remote monitoring of the chlorine concentration in the Ruesch Treatment Plant and the chlorine house (first tap); real-time monitoring of the 9-mile tank level; turbidity; real time flow data from the Just Spring, Ruesch Spring, and total inflow to the 9-mile tank. iv. Replaced water supply pumps and installed VFDs on pumps throughout the system to allow more flexibility in operations. B. YMCA retained W.W. Wheeler and Associates, Inc. to provide consulting services relating to the development and maintenance of the water rights that are used to supply Snow Mountain Ranch, including the water rights that are the subject of this Application. These services included: i. Inspection and maintenance of Gaylord Dam at a cost of $8,676. ii. Preparation of a 2015 water system analysis and report at a cost of $29,155. iii. Ongoing water rights related services, including accounting and other consulting services at a cost of $41,000. C. YMCA continued to protect and improve its legal water supplies for Snow Mountain Ranch that are integrated with the subject water rights, including: i. Obtaining findings of reasonable diligence in Case Nos. 14CW3110 and 17CW3050, which involved conditional rights that are a part of the same integrated water supply system as the subject water rights. ii. Monitoring applications for water rights which could adversely affect YMCA’s water rights decrees and filing a statement of opposition in Case No. 15CW3079. iii. Filing an application for a change of conditional water rights that are part of the same integrated water supply system as the subject water rights in Case No. 16CW3037 in 2016. iv. Expenditures by YMCA during this diligence period in connection with the above activities were approximately $30,276.68. D. The HOA and FVMRD have undertaken extensive water rights specific planning and development efforts. In March of 2017, Applicants and their water resources consultants met to discuss long-term build-out of the Fairways at Pole Creek residential development and golf course and residential operations under the plan for augmentation approved in Case No. 96CW175, Water Division No. 5. The Gaylord Reservoir water right that is the subject of this matter is a component of and source of replacement water under that plan for augmentation. E. Additionally, the HOA and FVMRD are currently prosecuting a diligence application for the water rights that were decreed in Case No. 96CW175, and which out-of-priority depletions can be replaced by the subject Gaylord Reservoir right. That diligence case is currently pending in Case No. 17CW3141. F. As was set forth in the application in Case No. 17CW3141, each year, the HOA spends between $5,500 and $5,800 for maintenance of open space areas and approximately $2,500 to $3,000 per year for flowers and a gardener. These spaces are served by the Nonresidential Well No. 1, which is included under the plan for augmentation in Case No. 96CW175, and which also shows diligence on the subject Gaylord Reservoir storage right. G. FVMRD also continues to incur costs maintaining and repairing the golf course. FVMRD spent $10,460 on more efficient sprinkler heads and nozzles, $9,636 for a pump that transfers water to the Ridge 9, and $8,874 for a new headgate at the Pole Creek Diversion No. 3. More recently, FVMRD spent an additional ~$77,000 in new pumps, motors, and a control panel for the Ridge 9 pump station. These expenditures are directly related to FVMRD’s irrigation facilities, which are also included under the plan for augmentation in Case No. 96CW175 and demonstrate diligence on the Gaylord Reservoir right. H. The HOA and FVMRD have also incurred legal and engineering fees associated with maintaining and developing the subject conditional water rights, as well as monitoring other applications in Division No. 5 that could potentially injure their interests. 4. Water was Diverted and Applied to Beneficial Use: As recognized in Case No. 96CW182, Co-Applicants diverted the full amount of 170 acre-feet into Gaylord Reservoir, stored, and applied this amount to beneficial use for recreational, piscatorial, augmentation, and fire protection purposes. Therefore, the Court decreed Gaylord Reservoir absolute for these purposes. An additional 47 acre-feet was decreed as absolute for irrigation purposes in Case No. 04CW159 under these same standards. The water right remained conditional for 170 acre-feet for domestic, municipal, commercial, replacement, and exchange purposes, and 123 acre-feet for irrigation. After the decrees were entered in Case Nos. 96CW182 and 04CW159, the Colorado General Assembly passed S.B. 13-41, codified at C.R.S. §§ 37-92-103(4)(a) and 37-92-301(4)(e), which changed the definition of beneficial use to include storage for any decreed purpose so that an applicant only needs to store water to perfect a conditional right, and not actually apply the water to each of its decreed uses. Therefore, Co-Applicants have complied with all requirements under Colorado law to make the Gaylord Reservoir water right absolute for all decreed purposes. WHEREFORE, Co-Applicants pray this Court enter a decree that Co-Applicants have made Gaylord Reservoir absolute in the full amount for all decreed uses, and in the alternative, that Co-Applicants have exercised reasonable diligence in the development of Gaylord Reservoir and continuing this water right in full force and effect. (total pages 11, including exhibits)

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YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3067 GARFIELD COUNTY; Application to Make Water Rights Absolute. Name of Applican: Roger Swanson, please direct all correspondence to Applicants’ attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970) 947-1936, [email protected]. Applicant requests that the following water right be made absolute: Swanson Pond No. 1. Location: the centerline of the dam is located 2952 feet from the North Section line and 1572 feet from the West section line of Section 29, Township 6 South Range 91 West of the 6th P.M. as shown on Exhibit A to the Application. Source: The Swanson Pond No. 1 is filled at a rate of 1.5 c.f.s. from water diverted from the Tallmadge and Gibson Ditch during the nonirrigation season, approximately November 1 to March 15 each year. Location: The headgate of said Tallmadge and Gibson Ditch is located on the East bank of East Divide Creek at a point whence the N1/4 corner of Section 12, Township 7 South, Range 92 West of the 6th P. M. bears N. 32⁰ 46’ W.1570 feet. Practical location: The headgate of the Tallmadge and Gibson Ditch is located in the SW1/4 of the NE1/4 of Section 12, Township 7 South, Range 92 West of the 6th P.M., at a point 3,675 feet from the South section line and 1,650 feet from the East section line. The source of the Tallmadge and Gibson Ditch is East Divide Creek, tributary to the Colorado River. Appropriation date: October 31, 1993, by construction and filling of pond. Uses: aesthetic and wildlife watering – absolute; stockwatering and fish propagation – conditional. Date applied to beneficial use: October 1993. Amount: 2.36 acre-feet, absolute for aesthetic and wildlife watering purposed; 2.36 acre-feet, conditional for stockwatering and fish propagation. Pond Characteristics: Active capacity: 2.36 acre-feet. Maximum height of dam: 7 feet. Surface area of high water line: 44550 square feet (approx.. 1.022 acres). Length of dam: 230 feet. Name and Address of owners of land upon which pond is located: Applicant. Since the entry of the decree in the prior case, Case No. 10CW201, C.R.S. § 37-92-301(4) was enacted which states: “A decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed and controlled at the decreed storage structure.” Therefore, the impoundment of water described above for the Swanson Pond No. 1 (2.36 acre-feet), as well as its filling rights, Tallmadge & Gibson Ditch for 1.5 c.f.s. in the non-irrigation season, should be absolute for all purposes. The Application includes a detailed description of the work performed during the diligence period. (4 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3068 Shadow Mountain Estates 1st Subdivision Exemption Home Owners Association, Post Office Box 1183, Grand Lake, Colorado 80447 (303) 903-0399 (Frederick A. Fendel, III, and Matthew S. Poznanovic, Petrock Fendel Poznanovic, 700 17th Street, #1800, Denver, CO 80202), APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, GRAND COUNTY. 2. Structures/Conditional Water Rights: 2.1. Carroll Well No. 1. 2.2. Moore Well No. 1. 2.3. Moore Well No. 2. 2.4. Moore Well No. 3. 3. Decrees: 3.1.Carroll Well No. 1: The conditional water right for this well originally decreed in Case No. 84CW228, May 15, 1989. Subsequent decrees: Case No.94CW275, April 2, 1996; Case No. 02CW90, March 27, 2005; and Case No. 11CW33, May 29, 2012.3.2. Moore Well Nos. 1, 2 and 3: Conditional water rights for each of these three wells originally decreed in Case No. 94CW275, April 2, 1996. Subsequent decrees: Case No. 02CW90, March 27, 2005; and Case No. 11CW33, May 29, 2012. 3.3. The period of

MAY 2018 RESUME WATER DIVISION 5 PAGE 18 diligence which is the subject of this application is from the date of decree in Case No. 11CW33, which is May 29, 2012. 4. Description of conditional water rights: 4.1. Carroll Well No. 1. 4.1.11. Location: SW ¼ NE ¼ of Section 23, Township 3 North, Range 76 West of the 6th P.M., 2,400 feet south of the north section line and 1,450 feet west of the east section line of said Section 23. 4.1.2. Source: Aquifers tributary to Colorado River. 4.1.3. Use: In-house domestic. The well may serve up to 170 residential units. 4.1.4. Amount: 205 gpm, conditional (note that Carroll Well No. 1 was initially decreed for 250 gpm, and in Case No. 94CW275, it was reduced to 205 gpm, and 45 gpm was adjudicated to the Moore Well Nos. 1-3). 4.1.5. Appropriation Date: March 18, 1984. 4.2. Moore Well Nos. 1, 2 and 3. 4.2.1. Locations: a. Moore Well No. 1 Location: SW ¼ NE ¼ of Section 23, Township 3 North, Range 76 West of the 6th P.M., 1,600 feet from the north section line and 1,600 feet from the east section line of said Section 23. b. Moore Well No. 2 Location: SW ¼ NE ¼ of Section 23, Township 3 North, Range 76 West of the 6th P.M., 1,700 feet from the north section line and 1,985 feet from the east section line of said Section 23. c. Moore Well No. 3 Location: SW ¼ NE ¼ of Section 23, Township 3 North, Range 76 West of the 6th P.M., 1,690 feet from the north section line and 2,400 feet from the east section line of said Section 23. 4.2.2. Source for each well: Aquifers tributary to Colorado River. 4.2.3. Use for each well: In-house domestic. Each well may serve one residential unit. 4.2.4. Amount for each well: 15 gpm, conditional. 4.2.5. Annual amount that may be pumped by each well: 0.36 acre-feet per year. 4.2.6 Appropriation Date for each well: October 1, 1995. 4.3. All wells are subject to the Plan for Augmentation decreed in Case No. 84CW228. APPLICATION TO MAKE ABSOLUTE. 5. Absolute Claims. 5.1. For the Carroll Well No. 1 conditional water right, during this diligence period, on April 21 and 22, April 24 through May 1, 2018, and May 11 through 13, and May 16 through 21, 2018, 10 gpm was diverted at the well and put to beneficial use. The well diversions were used for in-house domestic at a residential unit. Applicant requests 10 gpm of the Carroll Well No. 1 conditional water right be made absolute for in-house domestic use. 5.2. For the Moore Well No. 2 conditional water right, during this diligence period, on May 12 and 13, 2018 and May 26 through May 28, 2018, 15 gpm was diverted at the well and put to beneficial use. The well diversions were used for in-house domestic in a trailer. Applicant requests 15 gpm of the Moore Well No. 2 conditional water right be made absolute for in-house domestic use. 5.3. For the Moore Well No. 3 conditional water right, during this diligence period, on April 22, April 26, May 1, May 4, May 8, May 12 and May 16, 2018, 10 gpm was diverted at the well and put to beneficial use. The well diversions were used for in-house domestic in a trailer. Applicant requests 10 gpm of the Moore Well No. 3 conditional water right be made absolute for in-house domestic use. 5.4. In the alternative and if these amounts are not made absolute, Applicant requests that a diligence finding also be made to continue these amounts pursuant to the activity described below. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 6. This Application to Make Absolute and for Finding of Reasonable Diligence is filed in a timely manner pursuant to the Water Right Determination and Administration Act of 1969, Sec. 37-92-302, C.R.S. 7. During this diligence period, in continuing the development of the conditional water rights, Applicant has been diligent in the continued use and development of the water rights involved. These activities were performed by owners of lots located within the Shadow Mountain Estates 1st Subdivision Exemption where the conditional water rights for the wells are located, which include, but are not limited to, the following: 7.1. Filed request for renewal of the United States Bureau of Reclamation contract for Green Mountain Reservoir water pursuant to the requirements of the augmentation plan decreed in Case No. 84CW228, as amended in Case No. 94CW275 to provide augmentation water for all four wells. 7.2. Made annual payments of $250.00 for augmentation water supplied according to the Green Mountain Reservoir contract. 7.3.A water meter was installed on the Carroll Well No. 1 at a cost of approximately $888.94. 7.4. A tap fee in the amount of approximately $7,702.00 was paid and sewer line to connect to the Three Lakes Water and Sanitation District system was installed at a property served by the Carroll Well No. 1 at a cost of approximately $12,500.00. 7.5. Pump installation report was submitted to the Colorado Division of Water Resources and well permit no. 81104-F was issued for the Moore Well No. 2. 7.6. A pump and water meter were installed on the Moore Well No. 2 at a cost of approximately $5,163.46. 7.7. Installed wiring and received approval for power service from Mountain Parks Electric to the property to be served by the Moore Well No. 2 at a cost of approximately $3,430.00. 7.8. Pump installation report was submitted to the Colorado Division of Water Resources and well permit no. 80126-F was issued for the Moore Well No. 3. 7.9. Installed power service from Mountain Parks Electric for the Moore Well No. 3 and property served by the well at a cost of approximately $5,600, and installed wiring to connect well to power at a cost of approximately $1,500. 7.10. A pump was installed at a cost of approximately $8,900 and a pressure tank, water meter and line to a residence were installed at a cost of approximately $2,802.53 for the Moore Well No. 3. 7.11. Construction of the residence to be served by Moore Well No. 3 has commenced. 7.12. The Water Commissioner has been consulted regarding administration issues associated with operation of the wells. 7.13. Water was diverted in priority and beneficially used under the conditional water rights described above. 7.14. The work and expenditures listed above are illustrative and not exhaustive. Additional work and additional or revised expenditures may be claimed in support of this application. 8. Applicant does not seek a new diversion or storage structure, or modification of an existing diversion or storage structure. The following members of Applicant Shadow Mountain Estates 1st Subdivision Exemption Home Owners Association are the owners of land upon which the conditional water rights for the wells are or will be located: 8.1. Carroll Well No. 1, Wildhorse Holdings LLC, PO Box 1289, Grand Lake, CO 80447 (303) 818-9169. 8.2. Moore Well No. 1, Karen

MAY 2018 RESUME WATER DIVISION 5 PAGE 19

Tollefson, 4980 Decatur Street, Denver, CO 80221 (303) 994-8300. 8.3. Moore Well No. 2, Carolyn Hewit and Steven Julian, 300 Teller Street, Lakewood, CO 80226 (303) 903-0399. 8.4. Moore Well No. 3, Wesley Dutton, 2597 Garrison Street, Lakewood CO 80215 (928) 205-8083. WHEREFORE, Applicant prays that this Court enter a decree finding that Applicant has made 10 gpm of the Carroll Well No. 1 conditional water right absolute for in-house domestic use, 15 gpm of the Moore Well No. 2 conditional water right absolute for in-house domestic use, 10 gpm of the Moore Well No. 3 conditional water right absolute for in-house domestic, has exercised reasonable diligence in the development of the remaining conditional water rights, continuing the remaining conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. (11 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3069 EAGLE AND SUMMIT COUNTIES, Application for Finding of Reasonable Diligence. 1. Name, address, telephone number of applicant. Vail Associates, Inc. (“Applicant”), c/o Annie Kao, 390 Interlocken Crescent, Suite 100, Broomfield, CO 80021, (303) 404-1978, [email protected]. Copies of all pleadings to Paul F. Holleman, John D. Buchanan, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, CO 80302. Description of Water Rights from Previous Decree: 2. Name of Structure. Vail Greenhouse Well No. 1. A. Original Decree. By the District Court in and for Water Division No. 5, Case No. 2004CW60, entered on May 28, 2012. B. Legal Description of Point of Diversion. NE1/4 SE1/4 of Section 22, Township 5 South, Range 81 West of the Sixth Principal Meridian 1,686 feet from the south section line and 470 feet from the east section line. C. Source. Groundwater tributary to the Eagle River, tributary to the Colorado River. D. Amount. 25 gallons per minute (g.p.m.) conditional. E. Appropriation Date. April 28, 2004. F. Uses. Domestic, irrigation and commercial, including equipment washing in connection with property development. 3. Detailed outline of work performed to complete application of water to beneficial use. Applicant’s efforts toward development of the subject conditional water right include, but are not limited to, the following: A. Applicant has constructed two onsite water storage tanks near the decreed location of the Vail Greenhouse Well No. 1 at a cost of $1,000 each. B. While Applicant continues to develop this conditional water right, applicant has delivered water to the parcel that includes the decreed location of the Vail Greenhouse Well No. 1 to fill the above-described storage tanks, which is used to irrigate plants that are stored at the site. These deliveries include approximately 10 refills of the storage tanks per summer, every summer, at approximately $500 per refill. C. Applicant has continued as the majority shareholder of Eagle Park Reservoir Company and has paid its assessments and otherwise worked to maintain the Eagle Park Reservoir water that is the source of the replacement supply for depletions from the Vail Greenhouse Well No. 1 in the plan for augmentation decreed in Case No. 04CW60. D. Applicant has a continuing need to develop potential alternative sites for portions of its main ski area maintenance facility. Applicant is exploring moving some portion of the maintenance facilities to the parcel that includes the decreed location of the Vail Greenhouse Well No. 1. Water available under this conditional water right would be used in connection with said facility. E. Vail has a continuing need to store and wash equipment on the parcel that is the site of the subject water right. 4. Name(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 is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Vail Associates, Inc. WHEREFORE, Applicant requests that the Court find and determine that Applicant’s actions and expenditures constitute a sufficient demonstration of reasonable diligence in attempting to put the conditional water rights described herein to beneficial use, and Applicant further requests that the Court enter a decree finding and determining that Applicant has exercised reasonable diligence in the development of the described water rights and that said water rights shall be continued. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3070 (11CW15, 02CW367) GRAND COUNTY – GRAND COUNTY WATER AND SANITATION DISTRICT #1, c/o Bruce Hutchins, General Manager. Attorney for Applicant: David A. Bailey, Carver Schwarz McNab Kamper & Forbes LLC, 1888 Sherman Street, Suite 400, Denver, Colorado 80203, Telephone: (303) 893-1815, Fax: (303) 893-1829, [email protected]. Please direct all inquiries, correspondence and pleadings regarding this matter to counsel for the District identified in the caption above. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE OR, IN THE ALTERNATIVE, FOR A FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of Applicant: Grand County Water and Sanitation District #1 (“District”), P.O. Box 3077, Winter Park, Colorado 80482, Telephone: (970) 726-5583. 2. Name of structures: GCWSD Water Storage Reservoir No. 1 and GCWSD Water Storage Reservoir No. 2. 3. Description of conditional water rights: The GCWSD Water Storage Reservoir No. 1 and GCWSD Water Storage Reservoir No. 2 were adjudicated in Case No. 02CW367, dated February 28, 2005, Water Division 5. Diligence was found in Case No. 11CW15, dated May 28, 2012, Water Division No. 5. The conditional water rights are described below: A. GCWSD Water Storage Reservoir No 1. i. Location: The GCWSD Water Storage Reservoir No. 1 is generally located northeasterly of U.S. Highway No. 40 within the S½SE¼ of Section 20 and the NE¼NE¼ of Section 29, Township 1 South, Range 75 West of the 6th P.M. The GCWSD Water Storage Reservoir No.1 is connected to the GCWSD Water Storage Reservoir No. 2 by a pond transfer structure consisting of an inlet pipeline, a gate valve, a manhole or vault and an outlet pipeline. ii. Point of diversion and diversion rate: The point of diversion for the GCWSD Water Storage Reservoir No.1, which shall be referred to herein as the GCWSD Intake Structure and shall also be the intake structure for the GCWSD Water Storage Reservoir No.2, is located in the NW¼NW¼ of Section 28, Township 1 South, Range 75 West, 6th P.M., at a point on the west bank of the Fraser River approximately 270 feet east of the west line of Section 28 and 195 feet south of the north line of Section 28. The District claims the right to divert water from the GCWSD Intake Structure to the GCWSD Water Storage Reservoir No. 1 at a maximum rate of 6.0 cfs (6.0 cfs total as between this reservoir and GCWSD Water Storage Reservoir No.2). iii. Source: The source of the water right is the Fraser River and its tributaries upstream of the point of diversion. iv. Amount: 158 acre-feet, conditional, subject to the right to fill and refill the reservoir as more particularly described below. v. Uses: Municipal, irrigation, augmentation, piscatorial, aesthetic and recreation. The District also claims the right to fill and refill the GCWSD Water Storage Reservoir No. 1 so long as it is in priority for the purposes of replacing water applied to the beneficial uses decreed herein and to replace evaporative losses. vi. Appropriation date: December 4, 2002. vii. Maximum height of dam: The GCWSD Water Storage Reservoir No.1 has an earthen berm on its east and north sides the height of which has a maximum height of approximately fourteen feet from the ground surface to the top of the berm and twelve feet from the ground surface to the crest of the spillway. viii. Length of dam: The length of the earthen berm described above is approximately 1,300 feet. B. GCWSD Water Storage Reservoir No. 2. i. Location: The GCWSD Water Storage Reservoir No. 2 is generally located northeasterly of U.S. Highway No. 40 within the S½SE¼ of Section 20, Township 1 South, Range 75 West of the 6th P.M. The GCWSD Water Storage Reservoir No. 2 is connected to the GCWSD Water Storage Reservoir No. 1 by a pond transfer structure consisting of an inlet pipeline, a gate valve, a manhole or vault and an outlet pipeline. ii. Point of diversion and diversion rate: The point of diversion for the GCWSD Water Storage Reservoir No. 2, which shall be referred to herein as the GCWSD Intake Structure and shall also be the intake structure for the GCWSD Water Storage Reservoir No. 1, is located in the NW¼NW¼ of Section 28, Township 1 South, Range 75 West, 6th P.M., at a point on the west bank of the Fraser River approximately 270 feet east of the west line of Section 28 and 195 feet south of the north line of Section 28. The District claims the right to divert water from the GCWSD Intake Structure to the GCWSD Water Storage Reservoir No. 2 at a maximum rate of 6.0 cfs (6.0 cfs total as between this reservoir and GCWSD Water Storage Reservoir No. 1). iii. Source: The source of the water right is the Fraser River and its tributaries upstream of the point of diversion. iv. Amount claimed: 80 acre-feet, conditional, subject to the right to fill and refill the Reservoir as more particularly described below. v. Uses: Municipal, irrigation, augmentation, piscatorial, aesthetic and recreation. The District also claims the right to fill and refill the GCWSD Water Storage Reservoir No. 2 so long as it is in priority for the purposes of replacing water applied to the beneficial uses decreed herein and to replace evaporative losses. vi. Appropriation date: December 4, 2002. vii. Maximum height of dam: The GCWSD Water Storage Reservoir No. 2 has an earthen berm on its east and north sides the height of which has a maximum height of approximately sixteen feet from the ground surface to the top of the berm and fourteen feet from the ground surface to the crest of the spillway. viii. Length of dam: The length of the earthen berm described above is approximately 1,400 feet. 4. Claim to make absolute in whole or in part: A. Pursuant to C.R.C. § 37-92-301(4)(e), water has been captured, possessed and controlled by the District in priority in the GCWSD Water Storage Reservoir No. 1 in the amount of 94 acre-feet and the GCWSD Water Storage Reservoir No. 2

MAY 2018 RESUME WATER DIVISION 5 PAGE 21 in April-May 2018 in the amount of 70 acre-feet. B. Applicant intends to continue diversions to both reservoirs for so long as they are in priority. When a call is made on the Colorado River, such that the reservoirs are out of priority, Applicant will discontinue diversions and promptly submit an affidavit of Bruce Hutchins, as the General Manager of Applicant and/or an affidavit from Leonard Rice Engineers, Inc., as consulting water engineers for Applicant, stating the full amount that the District has diverted and stored in priority and the method(s) by which such amount has been determined such as by diversion records, call records, capacity tables, etc. C. Applicant claims that the decreed conditional water rights for both reservoirs should be made absolute for all decreed purposes in the amounts set forth above and, thereafter, in the amounts to be set forth in the affidavits described above. 5. Detailed outline of work that has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period. A. From 2013 to 2015, the District, through various contractors, designed, engineered constructed and tested a liner that meets the design standard referenced in the August 1999 State Engineer Guidelines for Lining Criteria for Gravel Pits for the Grand County Water and Storage Reservoir No. 2 at an approximate expense of $1.45 million. Construction was completed in 2015. Other costs related to reservoir lining include contracts with the materials testing firm and ground engineering for soil and concrete testing. B. In December 2015, the Dam Safety Branch of the Colorado Division of Water Resources conducted an inspection of dam and reservoir for GCWSD Water Storage Reservoir No. 2. Final construction documents were provided to the Division on or about July 5, 2016. By letter dated July 12, 2016, the dam and reservoir project was accepted by the Dam Safety Branch for full use when water is physically and legally available. C. In letters dated December 8, 2016 and March 17, 2016, GEI Consultants, on behalf of the District, provided a leak test memo and leak test results memo to the Colorado Division of Water Resources. By letter dated March 30, 2016, the Division determine that GCWSD Reservoir No. 2 has been lined to the design standard referenced in the August 1999 State Engineer Guidelines for Lining Criteria for Gravel Pits. D. In 2017, the District paid approximately $18,400 to GEI Consultants to design and engineer a new outlet structure and building for GCWSD Water Storage Reservoir No. 1 and GCWSD Water Storage Reservoir No. 2. The new outlet structure will allow accurate and measurable releases from both reservoirs on a year-round basis. The District has also paid approximately $9,000 to Ed Duerr, Inc., the District’s water and wastewater consultant, for engineering support related to metering, building, electrical and ongoing construction negotiations. During the diligence period, the District has entered into negotiations for construction of the new outlet structure in 2018 at an anticipated cost of approximately $100,000. The water rights for GCWSD Water Storage Reservoir No. 1 and GCWSD Water Storage Reservoir No. 2 are part of an integrated water supply system intended to provide water and wastewater services to the water users located in the District’s service area. As such, the District claims the following activities as additional diligence activities for GCWSD Water Storage Reservoir No. 1 and GCWSD Water Storage Reservoir No. 2. E. The District has expended funds in both protecting its water rights as well as continuing to file water rights applications to guarantee replacement water will be available for its water rights. F. The District both in conjunction with the Town of Winter Park, as well as individually, has studied and worked out growth projections to provide a dependable water supply to the Town of Winter Park. G. The District has continued to pay to the Middle Park Water Conservancy District annual fees such that water will continue to be available from Granby Reservoir and Wolford Mountain Reservoir to replace the District’s depletions in the future. H. The District has continued to participate in discussions with the Denver Water Department, as well as with Winter Park Water and Sanitation District, on joint methodologies for providing water to the Town of Winter Park. I. The District has participated in discussions leading to Grand County hiring engineering firms and performing the Grand County Stream Flow Management Plan that will protect flows and allow additional diversions in the Upper Fraser River Basin. J. The District has expended funds and improved bypass facilities that will allow additional bypasses by Denver Water as required by agreements between or among the District, Denver Water and other parties, including without limitation the 1992 Clinton Agreement, the 2013 Colorado River Cooperative Agreement and the 2013 Article III Implementation Agreement. K. The District has expended more than $2.5 million for additional capacity to serve the District, as well expended hundreds of thousands of dollars in additional engineering to analyze ways to put these water rights and other water rights to beneficial use. L. The District has spent substantial sums of money to enlarge distribution lines within the District and to reduce inflow and infiltration to the District’s water lines. M. The District has participated in improving the Fraser River through the Town of Winter Park. N. The District previously spent in excess of $200,000 to purchase an interest in the Vail Ditch as a participant in the Grand County Mutual Ditch and Reservoir Company, During the diligence period, the District engaged in discussions and negotiations with the Grand County Irrigated Land Company and with Denver Water to use the Vail Ditch water to increase water supply and/or streamflow. O. During the diligence period, the District participated in guiding efforts of West Slope entities that led to the execution of the Colorado River Cooperative Agreement and expended time and money on attorney's fees and engineering in support of that effort over the last six years. P. Partially as the result of the efforts of District, additional water has been made available to the District through the Colorado River Cooperative Agreement, particularly Paragraph III.E, which has provisions as follows: i. Attachment M to the Agreement provides benefits to the District as noted in the Agreement and particularly 68.75 acre feet that will be bypassed by Denver Water and provide additional water. ii. Paragraph 10 of the Agreement recognizes efforts by the Grand

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County Mutual Ditch Company, which includes the District, in purchasing the Vail Ditch, and provides for the bypass of additional water by Denver Water in the headwaters of the Fraser River. iii. Paragraph 12 provides that Denver Water will not be able to reduce certain bypass flows on Vasquez Creek, from which the District draws its water supply, and thereby increases the amount of water available to the District. iv. Paragraph 15 provides that the District will have year round delivery of its Clinton Water. v. Paragraph 21 recognizes the ability of the District and others to utilize the Vail Ditch, and Denver Water has agreed to cooperate in such use. vi. Additionally, there are provisions in the Grand County Operating Plan, executed after completion of the Colorado River Cooperative Agreement, which provides more details on utilization of the Vail Ditch, contract water to which the District is entitled and bypass water supplies that benefit the District and Vasquez Creek. Q. The District participated in the Environmental Flow Adjudication, Case No. 11CW152, which has the Denver Water Board, Grand County and Colorado Water Conservation Board as Applicants. The adjudication recognized the right of the District to utilize water bypassed by Denver Water, and also provides that the District can exchange water into Williams Fork Reservoir to decrease its replacement obligations to Denver Water. R. As noted above, the District participated in the Clinton agreements in 1992, including a Delivered Water Agreement among certain of the parties and the Colorado Water Conservation Board (“CWCB”). In the Delivered Water Agreement, the CWCB agreed that it would not claim Denver Water's bypasses for instream flows. CWCB’s agreement was also recognized in District adjudication of its water under the Clinton agreements in Case No. 92CW305. As a result of the Colorado River Cooperative Agreement process, the same parties executed with the CWCB a First Amendment to Delivered Water Agreement, dated June 25, 2013, which expanded the list of water rights and bypasses for which the Colorado Water Conservation Board would not claim instream flow uses. The First Amendment directly benefits the District and its water rights since it allowed Denver Water’s bypasses to be utilized without a claim of injury by the CWCB. 6. Names and addresses of owners 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. A. Applicant is the owner of the land on which the GCWSD Water Storage Reservoir No. 1 and the GCWSD Water Storage Reservoir No. 2 are located. B. The diversion structure, an overflow structure, an emergency spillway and discharge pipelines for the GCWSD Water Storage Reservoir No. 1 and the GCWSD Water Storage Reservoir No. 2 are located on land owned by the Town of Fraser and used by Applicant pursuant to an Easement from the Town of Fraser, dated June 24, 2007. The Town of Fraser’s address is c/o Jeff Durbin, Town Manager, 153 Fraser Avenue, P.O. Box 370, Fraser, CO 80442. C. The diversion pipeline from the diversion structure to GCWSD Water Storage Reservoir No. 1 is located on land owned by Rendezvous Colorado LLC and is used by the Applicant pursuant to an Easement dated January 7, 2007. Rendezvous’ address is c/o Terry Stanford, 77795 U.S. Highway 40, P.O. Box 149, Winter Park, CO 80482. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3071 EAGLE COUNTY, EAGLE AND COLORADO RIVERS. Application to Make Conditional Water Rights Absolute. Susan J. Miller and L.D. Chipman c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, 970-945-8659. All structures: Original decree entered on 02/26/99 in 96CW387; subsequent decrees entered in 05CW34 & 12CW130. Source: Lake Creek, trib to Eagle & Colo Rivers. Appropriation date: 08/05/96. Location of use: Applicants’ property, 1001 Lake Creek Road, Edwards. Miller/Chipman Well: Location: SW¼ of the NE¼ of Sec 7, T 5 S, R 82 W, 6th PM, Eagle County, 2,600 ft from N sec line and 1,400 ft from E sec line of said Sec 7. Amount: 0.033 cfs, conditional. Uses: Domestic, irrigation & stockwatering by direct diversion and, when out of priority, by augmentation. Depth: 80 ft. 0.033 c.f.s. applied to use on 12/06/13 for domestic, irrigation and stockwatering. Well operates pursuant to Well Permit No. 76204-F. Miller Pond: Location: SW¼ of the NE¼ of Sec 7, T 5 S, R 82 W, 6th PM, Eagle County, 2,435 ft from N sec line and 1,540 ft from E sec line of said Sec 7. Filled by Miller Ditch. Amount: 3.0 af, conditional. Max rate of diversion: 1.0 cfs. Uses: Domestic, irrigation, stockwatering, aesthetic, piscatorial, wildlife propagation & augmentation. Height: 5.0 ft. Surface area: 0.5 acres. Length: 150 ft. Total capacity: 3.0 af. Active storage: 2.0 af. Dead storage: 1.0 af. 2.8 af applied to use on 07/30/13 for irrigation, stockwatering, aesthetic, piscatorial & wildlife propagation; pursuant to CRS §37-92-301(4)(e) Applicants request that this water right be made absolute for domestic and augmentation purposes as well.

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Miller Ditch: Location: NW¼ of the SE¼ of Sec 7, T 5 S, R 82 W, 6th PM, Eagle County, 2,700 ft from N sec line and 1,520 ft from E sec line of said Sec 7. Amount: 1.0 cfs, conditional. Uses: Aesthetic, piscatorial, wildlife propagation & storage in Miller Pond, for subsequent application to the beneficial uses described above. 1.0 c.f.s. applied to use on 07/30/13 for aesthetic, piscatorial, wildlife propagation & storage in Miller Pond. Owners of affected land: Applicants. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3072 (09CW33, 04CW107, 96CW41, 89CW199) GARFIELD COUNTY – GROUNDWATER TRIBUTARY TO CATTLE CREEK, TRIBUTARY TO ROARING FORK RIVER AND COLORADO RIVER. James Halterman and Rosemary Burkholder, c/o Paul L. Noto, Esq. and John M, Sittler, Esq., Patrick, Miller & Noto, P.C., 0197 Prospector Road, Suite 1204A, Aspen, CO 81611, (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Hunt Well No. 3, Permit No. 75396-F. Date of original decree: June 12, 1990. Case No. 89CW199, District Court, Water Division 5. Legal: Northeast ¼ Southwest ¼ of Section 11, Township 7 South, Range 88 West of the Sixth Principal Meridian 2,345 feet from the south section line and 2,835 feet from the east section line of said Section 11. Map is on file with the court as Exhibit A. Source: Groundwater tributary to Cattle Creek, tributary to Roaring Fork River and Colorado River. Appropriation date: August 30, 1989. Amount: 0.033 c.f.s. (15 g.p.m.); 10.0 g.p.m. conditional and 5.0 g.p.m. absolute. Annual diversions: 0.396 acre-feet. Uses: In-house domestic, lawn and garden irrigation, livestock. Depth: 405 ft. A detailed outline of work done toward completion of appropriation of the conditional water is included in the Application. Applicants own the land on which water right is located and used. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3073 EAGLE COUNTY – GROUNDWATER TRIBUTARY TO COLORADO RIVER. Bangert Holdings LLC and Rudolf Neumayr , c/o Scott C. Miller, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1028. APPLICATION FOR CONDITIONAL GROUND WATER RIGHTS AND APROVAL OF PLAN FOR AUGMENTATION. First Claim: Bangert-Neumayr Well. Legal: NE¼, NW¼ of Section 5, Township 5S, Range 86W of the 6th P.M., at a point 951 feet from the North section line and 2426 feet from the West section line. Source: Groundwater tributary to Colorado River. Depth: 58 ft. Appropriation Date: May 31, 2018. How: Field inspection, survey, engineering analysis, formulation of intent, filing application with water court. Amount: 15 g.p.m. conditional. Use: Irrigation, domestic, commercial, industrial, and fire protection. Second Claim: Bangert Lot 1 Well. Legal: NE¼, NW¼ of Section 5, Township 5S, Range 86W of the 6th P.M., at a point 1,000 feet from the North section line and 2,600 feet from the West section line. Source: Groundwater tributary to Colorado River. Proposed depth: 100 ft. Appropriation Date: May 31, 2018. How: Field inspection, survey, engineering analysis, formulation of intent, filing application with water court. Amount: 15 g.p.m. conditional. Use: Irrigation, domestic, commercial, industrial, and fire protection. Third Claim: Neumayr Lot 2 Well. Legal: NE¼, NW¼ of Section 5, Township 5S, Range 86W of the 6th P.M., at a point 730 feet from the North section line and 2,280 feet from the West section line. Source: Groundwater tributary to Colorado River. Depth: 100 ft. Appropriation Date: May 31, 2018. How: Field inspection, survey, engineering analysis, formulation of intent, filing application with water court. Amount: 15 g.p.m. conditional. Use: Irrigation, domestic, commercial, industrial, and fire

MAY 2018 RESUME WATER DIVISION 5 PAGE 24 protection. Remarks: Amount claimed is 45 gpm cumulative with First and Second Claims. Proposed irrigation acreage is 1 acre total from all wells, consisting of 10,000 square feet on Lot 2 and the balance on Lot 1. Legal description of land for irrigation on file with the court as Exhibit B. Fourth Claim: Plan for Augmentation. Structures to be augmented: Neumayr- Bangert Well, Bangert Lot 1 Well, Neumayr Lot 2 Well. Water rights used for augmentation: Colorado River Water Conservation District (“River District”) water supply contract for approximately 2.5 acre-feet from the River District’s Colorado River Water Projects Enterprise Water Rights. Applicant is in process of applying to the River District for a contract. River District supplies include the following: Eagle Park Reservoir: Eagle Park Reservoir Company owns and operates the Eagle Park Reservoir Project located in the headwaters of the Eagle River. The River District is a shareholder in the Reservoir Company and is entitled to yield from the Reservoir Project. The River District’s current supply consists of 2,000 shares of Class A, Series 2 stock in Eagle Park Reservoir Company. These shares entitle the River District to annual releases and/or diversions of up to 200 acre-feet from Eagle Park Reservoir more particularly described in detail in the application. Exchange Supply: Pursuant to the Memorandum of Understanding dated April 21, 1998 by and between the City of Aurora, the City of Colorado Springs, the River District, Climax Molybdenum Company, Vail Associates Inc., Upper Eagle Regional Water Authority, and Eagle River Water and Sanitation District (the “MOU”); and the Water Exchange Agreement dated June 17, 1998 by and between Aurora, Colorado Springs, and Eagle Park Reservoir Company (the “Exchange Agreement”), Aurora and Colorado Springs agree to make up to 500 acre-feet available for West Slope use from facilities owned and operated by Aurora and Colorado Springs in exchange for up to 800 acre-feet of replacement water from the West Slope participants. The River District’s 100 shares of Class B stock in Eagle Park Reservoir Company entitle it to up to 100 acre-feet per year of consumptive beneficial use water derived from fully consumable water annually diverted by and/or stored in the following structures owned and controlled by Aurora and Colorado Springs, as further described in the application. Wolford Mountain Reservoir: The River District owns and operates Wolford Mountain Reservoir which has the following water rights: Case No. 87CW283, Case No. 95CW281 and 98CW237, Division 5 Water Court, as further described in the application. Statement of plan for augmentation: Background: Co-Applicant Darryl Bangert owns the property described as Neumayr-Brown Subdivision Lot 1. Co-Applicant Rudolf Neumayr owns the property described as Neumayr- Brown Subdivision Lot 2. Parcels are further described in the Application and Exhibit B on file with the court. The purpose of this application is to secure and augment a water supply for uses described in the First, Second and Third Claims on the subject properties through use of an already constructed shared well described in the First Claim and/or two potential new wells described in the Second and Third Claims and/or any combination thereof. Water requirements: Domestic, commercial, industrial fire protection: The anticipated maximum monthly and annual water requirements (diversions and depletions) associated with these uses are expressed in EQR’s as shown on Tables 1 and 2, on file the court, and equate to 15.09 EQR’s. The assumptions used to determine the number of EQR’s associated with the development are shown on Table 2. The mix of number of buildings and sizes may vary as the development proceeds, and such mix will be incorporated into and covered by this plan for augmentation so long as the development does not exceed 15.09 EQR’s. Irrigation: Anticipated maximum monthly and annual water requirements (diversions and depletions) for the irrigation use is shown on Table 1. Wastewater from potable uses: treated with non-evapotranspirative sewage disposal systems with estimated 15% consumptive use. Total estimated annual depletions from potable use is 0.91 acre-foot. Well depletions: Cumulative total annual depletions for three wells combined is 3.05 acre-feet. Operation of plan for augmentation: During a dry year, a mainstem call on the Colorado River downstream of its confluence with the Eagle River, such as the Shoshone power call or Cameo/Grand Valley call, is assumed to last up to 304 total days as shown on Table 1. Whenever a valid and administered call is made by a water right on the Colorado River below the point of depletions, Applicant shall augment directly or by exchange all out-of-priority depletions from the subject wells through releases from the various River District water rights described in this application pursuant to a River District Water Supply Contract. 14. Appropriative right of exchange: The plan for augmentation described above includes an application for an appropriative right of exchange, conditional, for the augmentation water released pursuant to a River District Contract, extending from the lower termini of the River District sources of supply (as they confluence with the Colorado River) to the upper terminus of the Applicant’s depletion points on the Colorado River. Applicant shall operate the exchange only when it is in priority. Map of water rights is on file with the court as Exhibit A. Co-Applicants own the land on which the structures described in the First, Second and Third Claim are located and will be put to beneficial use. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3074 PITKIN COUNTY, WATER RIGHT TRIBUTARY TO THE ROARING FORK RIVER. Application for Findings of Reasonable Diligence, Mary and David Solomon, c/o Meghan N. Winokur and Tarn Udall, Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen CO 81611-1991, [email protected], [email protected]. Name of structure: Little Red Butte Spring Ditch. Previous decrees: Original decree: Case No. 81CW508, District Court, Water Division No. 5, decree entered on June 18, 1982. Subsequent decrees awarding findings of reasonable diligence were entered in the District Court, Water Division No. 5, in the following cases: Case No. 81CW508 by decree dated July 19, 1982; Case No. 86CW145 by decree dated September 26, 1986; Case No. 89CW204 by decree dated February 21, 1990; Case No. 96CW56 by decree dated November 28, 1997; Case No. 03CW241 by decree dated April 23, 2005; Case No. 11CW63 by decree dated May 30, 2012. Subsequent decrees confirming changes to the subject water right were entered in the District Court, Water Division No. 5, in the following cases: Case No. 95CW366, by decree dated February 25, 1998, in which 0.0359 cfs of the absolute irrigation water right was changed to augmentation use; and Case No. 11CW63, by decree dated May 30, 2012, in which a change in point of diversion was confirmed to correct the decreed point of diversion. Legal Description: The point of diversion, as changed in Case No. 11CW63, is located in the NW ¼ NW ¼ of Section 1, Township 10 South, Range 85 West of the 6th P.M., approximately 2059 feet from the north section line and 665 feet from the west section line (Pitkin County). Source: Slaughterhouse Gulch, tributary to the Roaring Fork River and the Colorado River. Appropriation Date: June 1, 1946. Amounts and decreed uses: (i) Irrigation use: 2.7641 c.f.s total; 0.9941 c.f.s. absolute (1.77 c.f.s. remains conditional); (ii) Livestock use: 2.5 c.f.s. total; 0.67 c.f.s. absolute (1.83 c.f.s. remains conditional); (iii) Domestic and piscatorial uses: 2.5 c.f.s. conditional; and (iv) Augmentation use: 0.0359 c.f.s. absolute. Remarks: Applicants own 0.75 c.f.s decreed to the subject water right for irrigation, livestock, domestic and piscatorial uses. The Red Butte Ranch Homeowners Association also owns an interest in the subject water right for such purposes, and owns all of the amount decreed to the subject water right for augmentation use. A map showing the location of the subject structure is attached to the Application as Exhibit A. A detailed outline of activity during the diligence period is included in the Application. Names and addresses of owners 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. Applicants. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3075 (01CW28 and 09CW181) Application for Finding of Reasonable Diligence in PITKIN COUNTY. 1. Name, address and telephone number of Applicant. City of Aspen, Colorado (“Aspen”), c/o David Hornbacher, Director of Utilities, 130 South Galena Streetm, Aspen, CO 81611, (970) 920-5110, Email: [email protected]. Communications, including pleadings regarding this application should be directed to counsel for the applicant, Cynthia F. Covell and Andrea L. Benson, Alperstein & Covell P.C., 1600 Broadway, Suite 1070, Denver, CO 80202. 2. Name of structure: BMD Well Field No. 1. 3. Description of conditional water right: a. Date of original decree: December 4, 2003, Case No. 01CW28, District Court, Water Division No. 5. b. Subsequent decree awarding diligence was entered in Case No. 09CW181 on May 29, 2012. c. Legal description: The location of the BMD Well Field No. 1 is located in the NE ¼ of the SE ¼ of Section 3, Township 10 South, Range 85 West of the 6th P.M. where the center point of the well field is located 975 feet from the East Section line and 2518 feet from the North Section line of said Section 3 (Pitkin County, Colorado), as shown on the map labeled Exhibit A attached hereto. Note: The BMD Well Field No. 1 was originally decreed as a well field to allow the wells to be decreed without specific individual locations. d. Source: Groundwater tributary to the Roaring Fork River and its tributaries. e. Appropriation date: November 7, 2000. f. Amount: 2.0 c.f.s., conditional, cumulative between all wells in the well field with a maximum annual diversion of 107 acre feet. g. Use: Municipal,

MAY 2018 RESUME WATER DIVISION 5 PAGE 26 domestic, irrigation, and fire protection purposes. The subject wells will be augmented subject to the plan for augmentation approved in Case No. 00CW305. e. Depth of wells: 95 feet. 3. A detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses during the relevant diligence period, including expenditures is described in more detail in the application. 4. Name and address of owner or reputed owner of the land upon which any new diversion or storage structure, or modification to an 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: Pitkin County, c/o John Ely, Esq. 530 E. Main St. Aspen, CO 81611. WHEREFORE, Applicant, the City of Aspen, having demonstrated that it has steadily applied effort to complete the appropriation of this water right in a reasonably expedient and efficient manner under all the facts and circumstances, respectfully requests that this Court find that it has exercised reasonable diligence in putting to beneficial use the conditional water right decreed to the Buttermilk Well Field No. 1, and to continue the conditional decree for another six years, or such period as may otherwise be permitted by law. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3076 PITKIN COUNTY, WATER RIGHT TRIBUTARY TO THE ROARING FORK RIVER. Amended Application for Findings of Reasonable Diligence. Aspen Skiing Company, LLC & City of Aspen, c/o Arthur B. Ferguson, Jr., Meghan N. Winokur, Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen CO 81611-1991, [email protected]; [email protected] for Aspen Skiing Company, LLC; c/o Cynthia F. Covell, Andrea L. Benson, Alperstein & Covell, P.C., 1600 Broadway, Suite 1070 Denver, CO 80202, [email protected], [email protected] for City of Aspen. Name of structure: Stapleton Brothers Ditch. Previous decrees: Original decree: Civil Action No. 5884, Garfield County District Court, State of Colorado, decree entered on November 5, 1971. Subsequent decrees awarding findings of reasonable diligence were entered in the Water Court, Water Division No. 5, in the following cases: Case No. W-812 by decree dated June 14, 1973, Case N. W-812-76 by decree dated April 21, 1977, Case No. W-812-78 by decree dated October 27, 1982; Case No. 86CW117 by decree dated September 26, 1986; Case No. 90CW110 by decree dated December 3, 1990; Case No. 96CW275 by decree dated March 28, 1997; Case No. 03CW57 by decree dated July 19, 2005; and Case No. 11CW112 by decree dated May 29, 2012. Legal Description: The point of diversion is located in the NE1/4 NW1/4, Section 14, Township 10 South, Range 85 West of the 6th P.M. bears 1086 feet from the north section line and 1378 feet from the west section line. Source: Maroon Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation Date: September 22, 1960. Amount: The amount decreed was 6.0 cfs of which 5.56 cfs has been made absolute for recreation (including snowmaking) purposes. The remaining 0.44 cfs is conditional for such purposes and 6.0 cfs remains conditional for municipal and domestic purposes. Use: municipal, recreation (including snowmaking), and domestic. A map showing the location of the subject structure is attached to the Application as Exhibit A. A detailed outline of activity during the diligence period is included in the Application. Names and addresses of owners 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 structure exists and no new construction or modifications to the structure are contemplated. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, 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 2018. The water right claimed

MAY 2018 RESUME WATER DIVISION 5 PAGE 27 by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3077 (08CW73)(00CW281). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 – 8th Street, Suite 104, Glenwood Springs, CO 80601. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE TOWN OF BRECKENRIDGE, IN SUMMIT COUNTY, COLORADO. APPLICATION TO MAKE CONDITIONAL RIGHTS ABSOLUTE OR IN THE ALTERNATIVE FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of applicant: Town of Breckenridge (“Applicant”), c/o Town Manager, P.O. Box 168, Breckenridge, CO 80424, Direct all pleadings to: Glenn E. Porzak (#2793), Corina A. Hach (#47783), Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Name of Structures: Town of Breckenridge Whitewater Park (the “Park”). 3. Description of the Decreed Conditional Water Rights: A.Original Decree: Decree entered by the District Court in and for Water Division No. 5, State of Colorado (the “Water Court”) on June 5, 2002 in Case No. 00CW281. B. Legal Description of Structures: The Park stretches approximately 1800 feet within the channel of the Blue River in the Town of Breckenridge. The Park was built in two phases. The location of the structures in “Phase I” and “Phase II” of the Park are described below, and a map showing the location of the structures is attached hereto as Exhibit A. All UTM Coordinates are provided without changing the decreed location of any structure, and all are NAD 83, Zone 13. Phase I: Each of the structures that comprise Phase I are located in the NW1/4 SW1/4 and SW1/4 SW1/4 of Section 30, T. 6 S., R. 77 W., the 6th P.M., and are more specifically described as follows: Structure 1. A “U” shaped structure in the channel of the Blue River at a point approximately 1,240 feet from the west line and 1,000 feet from the south line of said Section 30. UTM: Northing: 4372280, Easting: 410060. Structure 2. A “V” shaped structure in the channel of the Blue River at a point approximately 1,190 feet from the west line and 1,090 feet from the south line of said Section 30. UTM: Northing: 4372307, Easting: 410047. Structure 3. Two opposing rock deflector structures on either side of the channel of the Blue River located approximately 1,160 feet from the west line and 1,230 feet from the south line of said Section 30. UTM: Northing: 4372350, Easting: 410035. Structure 4. Two opposing rock deflector structures on either side of the channel of the Blue River located approximately 1,130 feet from the west line and 1,310 feet from the south line of said Section 30. UTM: Northing: 4372375, Easting: 410025. Structure 5. A “U” shaped structure in the channel of the Blue River at a point approximately 1,110 feet from the west line and 1,400 feet from the south line of said Section 30. UTM: Northing: 4372403, Easting: 410020. Structure 6. Two opposing rock deflector structures on either side of the channel of the Blue River located approximately 1,120 feet from the west line and 1,530 feet from the south line of said Section 30. UTM: Northing: 4372440, Easting: 410023. Structure 7. Two offset “V” structures on either side of the channel of the Blue River located approximately 1,120 feet from the west line and 1,560 feet from the south line of said Section 30. UTM: Northing: 4372450, Easting: 410025. Structure 8. A “U” shaped structure in the channel of the Blue River at a point approximately 1,120 feet from the west line and 1,610 feet from the south line of said Section 30. UTM: Northing: 4372466, Easting: 410025. Phase II: Each of the structures that comprise Phase II are located in the SW1/4 SW1/4 of Section 30, T. 6S., R. 77 W. of the 6th P.M. and are more specifically described as follows: Structure 9. Two opposing rock deflector structures on either side of the channel of the Blue River located approximately 1,230 feet from the west line and 370 feet from the south line of said Section 30. UTM: Northing: 4372088, Easting: 410057. Structure 10. A “U” shaped structure in the channel of the Blue River at a point approximately 1,180 feet from the west line and 430 feet from the south line of said Section 30. UTM: Northing: 4372107, Easting: 410040. Structure 11. A “U” shaped structure in the channel of the Blue River at a point approximately 1,140 feet from the west line and 490 feet from the south line of said Section 30. UTM: Northing: 4372125, Easting: 410030. Structure 12. A “U” shaped structure in the channel of the Blue River at a point approximately 1,130 from the west line and 590 feet from the south line of said Section 30. UTM: Northing: 4372156, Easting: 410026. Structure 13. A “U” shaped structure in the channel of the Blue River at a point approximately 1,170 feet from the west line and 660 feet from the south line of said Section 30. UTM: Northing: 4372178, Easting: 410037. Structure 14. Two opposing rock deflector structures on either side of the channel of the Blue River located approximately 1,270 feet from the west line and 770 feet from the south line of said Section 30. UTM: Northing: 4372211, Easting: 410068. Structure 15. Two opposing rock deflector structures on either side of the channel of the Blue River located approximately 1,250 feet from the west line and 880 feet from the south line of said Section 30. UTM: Northing: 4372244, Easting: 410062. C.Source: The source for the water claimed is the Blue River, a tributary of the Colorado River. D.Appropriation Date: December 21, 2000. Amounts Decreed: Monthly flow rates were decreed conditional at each of the structures in Phase I and in Phase II of the Park in the quantities set forth below:

Apr May Jun Jul Aug Sept Oct

39 cfs 281 cfs 500 cfs 343 cfs 205 cfs 82 cfs 51 cfs The decree in Case No. 00CW281 was modified by the Order on Motion for Determination of Question of Law entered November 17, 2010 in Case No. 08CW73 by the Water Court’s determination that the Decree and Clarification in Case No.

MAY 2018 RESUME WATER DIVISION 5 PAGE 28

00CW281 did not grant the Applicant conditional water rights for the months of April, September, and October. The modified decreed flow rates are therefore set forth as follows:

May June July August

281 cfs 500 cfs 343 cfs s F. Beneficial Use: Recreational boating purposes. G. Prior Diligence Decree: In Case No. 08CW73, entered by the Water Court on November 5, 2011, the entire 281 cfs decreed for the month of May was made absolute, and a portion of the decreed flow rates for the months of June, July, and August were made absolute. The table below sets forth the conditional and absolute rates for each month. May June July August Total Decreed (cfs) 281 500 343 205

Decreed Absolute (cfs) 281 412.4 210.9 122.2

Remaining Conditional (cfs) 0 87.6 132.1 82.8 4. Claim to Make Water Rights Absolute for the Town of Breckenridge Whitewater Park. All of the structures comprising the Park have been constructed, maintained and used for recreational boating purposes. During the subject diligence period, there were periods when the flow rate through the Park exceeded the maximum decreed amount for the months of June, July, and August. In accordance with the decree in Case No. 00CW281, streamflow in the Park is calculated by using the USGS gage for the Blue River at Blue River together with accounting for stream flow gain from intervening drainage areas. A record of stream flow data for the subject diligence period is attached as Exhibit B hereto. Applicant reserves the right to submit additional evidence of flows and beneficial use as appropriate while this Application is pending. Consistent with the terms of the original decree, the following amounts are claimed absolute based upon use of the structures in the Park and the flows at the Park since Case No. 08CW73 was entered: May June July August Total Decreed (cfs) 281 500 343 205 Total currently absolute (cfs) under 281 412.4 210.9 122.2 08CW73 Additional claimed absolute (cfs) 0 87.6 132.1 82.8

Remaining Conditional (cfs) 0 0 0 0 5. Outline of Work Done to Complete Project and Apply Water to Beneficial Use: With respect to any remaining portion of the conditional water rights decreed to the Park that are not made absolute in this matter, Applicant seeks to retain the conditional status thereof by demonstrating its reasonable diligence. Within the past 6 years, Applicant has been diligent in the continued use and development of its conditional water rights. Activities include beneficial use of the amounts claimed absolute herein; maintenance and repair of the Park and the system of paths along the Park, including re-construction and restoration of features damaged by 2016 flooding at a cost of approximately $12,476 in labor, equipment, and materials; identifying areas for future improvement; defense of Applicant’s water rights through review of the monthly water resume; updating the Town of Breckenridge website to provide more useful information regarding the Whitewater Park to potential visitors; providing a venue for Summit County Rescue Group swiftwater rescue training; and other actions that demonstrate reasonable diligence with respect to the subject conditional water rights. 6. Names and addresses of owners of land on which structures are or will be located, or upon which water is or will be placed to beneficial use: The structures which constitute the Park are located on land owned by Applicant. WHEREFORE, Applicant seeks a decree of the Court ruling that the conditional water rights described at paragraph 3 above have been made absolute for recreational boating purposes in the amounts identified in paragraph 4 above; that Applicant has demonstrated reasonable diligence with respect to any remaining portions of said conditional water rights thus retaining the conditional status thereof; and such other and further relief as this Court deems just and proper. (6 Pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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

MAY 2018 RESUME WATER DIVISION 5 PAGE 29 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 POWERS, 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3078 RIVER ALLUVIUM. W/J Metropolitan District, c/o Paul L. Noto, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Road, Suite 1204A, Aspen, CO 81611 (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Jaffee Well No. 6. Date of original decree: October 24, 2005. Case No. 01CW151, Division 5 Water Court. Legal: NE ¼, SE ¼, of Section 21, Township 9 South, Range 85 West, 6th P.M., PITKIN COUNTY, at a point 2,620 feet from the south section line and 720 feet from the east section line. Map of well is on file with the court as Exhibit A. Source: Roaring Fork River Alluvium. Appropriation date: February 16, 2001. Amount: 200 g.p.m.; 76 g.p.m. conditional and 124 g.p.m. absolute. Annual withdrawal: 15.689 acre-feet. Uses: Irrigation of 2.1 acres of lawns and gardens, storage, recreation, aesthetic, swimming pool, greenhouse, and fire protection. Depth: 48 ft. A detailed outline of work performed and expenses incurred towards completion of appropriations during the present diligence period is on file with the court as Exhibit B. Jaffee Well No. 6 is located on land owned by Pitkin County. Water is applied to beneficial use within W/J Metro District. Applicant has easement for well location from Pitkin County. Jaffee Well No. 6 is connected with Jaffee Well Nos. 1-5 in an integrated water supply system serving Applicant’s property. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3079 HOMESTEAD CAPITAL COMPANY, INC., 905 Centennial Rd., Wayne, NE 68787 c/o Panorama Law Practice, LLC, P.O Box 4986, Boulder, CO 80306. Application for Findings of Reasonable Diligence in GRAND COUNTY. 1. Water Rights: a. Elk Valley Well No. 1: Original Decree: Case No.: 2013CW11, Date: May 29, 2012, Court: District Court, Water Division No. 5, Well Permit: 65123-F, Legal Description: Located in the SW¼SE¼ Section 30, approximately 1,080 feet north of the South section line and 1,360 feet west of the East section line of said Section 30, Township 1 North, Range 76 West of the 6th P.M. Elk Valley Well No. 1 is located within 100 feet of the thalweg of Tenmile Creek, Source: Groundwater tributary to Tenmile Creek, tributary to the Fraser River, tributary to the Colorado River, Appropriation Date: November 1, 2010, Amount: 50 gpm, of which 35 gpm is absolute and 15 gpm is conditional, Uses: Domestic, commercial, irrigation, and fire protection, Well Depth: 250 feet. b. Elk Valley Well No. 2: Original Decree: Case No.: 2013CW11, Date: May 29, 2012, Court: District Court, Water Division No. 5, Well Permit: 65124-F, Legal Description: Located in the SW¼SE¼ Section 30, approximately 880 feet north of the South section line and 1,360 feet west of the East section line of said Section 30, Township 1 North, Range 76 West of the 6th P.M. Elk Valley Well No. 1 is located within 100 feet of the thalweg of Tenmile Creek, Source: Groundwater tributary to Tenmile Creek, tributary to the Fraser River, tributary to the Colorado River, Appropriation Date: November 1, 2010, Amount: 50 gpm, Uses: Domestic, commercial, irrigation, and fire protection, Well Depth: 210 feet. c. Elk Valley Gallery, Original Decree: Case No.: 2013CW11, Date: May 29, 2012, Court: District Court, Water Division No. 5, Legal Description: Located in the SE¼SE¼ Section 30, approximately 320 feet north of the South section line and 1,280 feet west of the East section line of said Section 30, Township 1 North, Range 76 West of the 6th P.M. Elk Valley Gallery is located within 100 feet of the thalweg of Tenmile Creek, Source: Groundwater tributary to Tenmile Creek, tributary to the Fraser River, tributary to the Colorado River, Appropriation Date: November 1, 2010, Amount: 250 gpm, conditional, Uses: Domestic, commercial, irrigation, and fire protection, Depth: 15 feet. Elk Valley Well No. 1, Elk Valley Well No. 2, and Elk Valley Gallery are cumulatively limited to pump 5.55 acre-feet annually. d. Elk Valley Pond: Original Decree: Case No.: 2013CW11, Date: May 29, 2012,

MAY 2018 RESUME WATER DIVISION 5 PAGE 30

Court: District Court, Water Division No. 5, Legal Description: Off-channel reservoir located in the SW¼SE¼ Section 30, with the center point of the reservoir located approximately 920 feet north of the South section line and 1,360 feet west of the East section line of said Section 30, Township 1 North, Range 76 West of the 6th P.M., Point of diversion: The diversion point of the filling ditch from Tenmile Creek is located in the SE¼SW¼ Section 30, at a point 810 feet north of the South section line and 1,280 feet west of the East section line of said Section 30, Township 1 North, Range 76 West of the 6th P.M., Source: Tenmile Creek, tributary to the Fraser River, tributary to the Colorado River, Appropriation Date: February 14, 2011, Amount: 10 acre-feet conditional, with a right to one refill annually for a total fill and refill of 20 acre-feet annually, Uses: Domestic, commercial, irrigation, recreation, piscatorial, and fire protection. e. Ecker Pond Refill, Original Decree: Case No.: 2013CW11, Date: May 29, 2012, Court: District Court, Water Division No. 5, Legal Description: The first fill for Ecker Pond was decreed in Case No. 1983CW195. The location, as described in the 1983CW195 Decree is in the SE¼SE¼ Section 30, Township 1 North, Range 76 West of the 6th P.M. at a point 1,205 feet west of the East section line and 280 feet north of the South section line of said Section 30. Ecker Pond has been reconstructed as an off-channel reservoir located in the SE¼ Section 30, with the center point of the reservoir located approximately 1,300 feet west of the East section line and 560 feet north of the South section line of said Section 30, Township 1 North, Range 76 West of the 6th P.M., Point of diversion: The diversion point of the filling ditch from Tenmile Creek is located in the SW¼SW¼ Section 30, at a point 435 feet north of the South section line and 1,280 feet west of the East section line of said Section 30, Township 1 North, Range 76 West of the 6th P.M., Source: Tenmile Creek, tributary to the Fraser River, tributary to the Colorado River, Appropriation Date: February 14, 2011, Amount: 7 acre-feet conditional, which is in addition to the Ecker Pond first fill right decreed in Case No. 1983CW195, Uses: Domestic, commercial, livestock, irrigation, recreation, piscatorial, fire protection, and augmentation, for use directly or by exchange. Remarks: Elk Valley Well No. 1, Elk Valley Well No. 2, Elk Valley Gallery, Elk Valley Pond, and Ecker Pond operate as an integrated water supply system. These uses are necessary to serve the Elk Valley Estates-Olympic Village in Grand County. The wells operate in accordance with the augmentation plan decreed in Case No. 1995CW202, which was not cancelled when the conditional water rights decreed in that case were cancelled. 2. 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, includingexpenditures: During the diligence period, the Applicant has pumped Elk Valley Well No. 1 up to 35 gpm. Elk Valley Estates-Olympic Village’s occupancy has increased from approximately twenty residents at the time the Court entered the 2013CW11 decree to approximately 70 residents. The Applicant has engaged professional geologists to analyze continued use and development of the Elk Valley Estates water rights at a cost of approximately $2,650. 8pp. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

28. 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3080 PITKIN COUNTY – CASTLE CREEK, TRIBUTARY TO ROARING FORK RIVER, TRIBUTARY TO COLORADO RIVER. Double R Creek Limited, c/o Kevin L. Patrick, Esq. and John M, Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621, (970) 920-1030. APPLICATION FOR WATER RIGHT AND FOR ALTERNATE POINT OF DIVERSION. First Claim: DRC Castle Creek Pump and Pipeline. Legal: SE1/4 SW1/4 of Section 18, Township 11 South, Range 84 West of the 6th P.M., at a point 980 feet from the south section line and 1,995 feet from the west section line of said Section 18. Source: Castle Creek, tributary to Roaring Fork River, tributary to Colorado River. Appropriation date: February 22, 2017. How Appropriation Completed: Published and claimed as alternate source for Blattberg Pond First Enlargement water right in Case No. 93CW246 and subsequent diligence proceedings. An agreement allowing the construction of the pump station was entered into as the claimed appropriation date and the site was staked and monumented. Amount: 0.06 c.f.s. (25 g.p.m), conditional. Uses: Irrigation, domestic and filling of Blattberg Pond First Enlargement. Legal description of land for irrigation is on file with the court as Exhibit C. Water right is located on land owned by Asp Properties, LLC, Charles Somers, ASP Manager, 5241 Arnold Ave, McClellan, CA 95652. Second Claim: Alternate point of diversion: Blattberg Spring Area Feeder Ditch. Original Decree: Case No. 92CW313, December 26, 1997, Division 5 Water Court. Legal: NE ¼ of the SW ¼ Section 18 (protracted), Township 11 South, Range 84 West of the 6th P.M., 2,310 feet East of the West Section Line and 1,540 feet North of the South Section Line. Source: Springs tributary to

MAY 2018 RESUME WATER DIVISION 5 PAGE 31

Castle Creek. Appropriation date: January 20, 1992. Amount: 0.1 c.f.s. conditional. Use: Diversion into storage for irrigation, domestic, aesthetic, augmentation, piscatorial, recreation, fire protection, and recreation. Applicant seeks to make the DRC Castle Creek Pump and Pipeline (First Claim) an alternate place of diversion for the subject water right. Place of use, type of use and decreed uses remain the same. Applicant owns the land on which water right will be used. Land where water right is located is within the White River National Forest, USFS, PO Box 948, Glenwood Springs, CO 81602. Maps of water rights are on file with the court as Exhibit A and B. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

29. 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3081 (11CW191, 92CW66, 92CW67, 98CW184, 05CW72) PITKIN COUNTY – ROARING FORK RIVER, TRIBUTARY TO COLORADO RIVER. River Sanctuary LLC, c/o Paul L. Noto, Esq. and John M, Sittler, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Rd., Suite 2104A, Aspen, CO 81611, (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Chaney Pump & Pipe No. 1. Original Decree: October 16, 1992, Case No. 92CW66, District Court, Water Division 5. Legal: NW ¼ of the SW ¼ of Section 17, Township 10 South, Range 84 West of the 6th P.M., approximately 1786 feet north of the south section line and 397 feet east of the west section line of said Section 17. Source: Roaring Fork River, tributary to Colorado River. Appropriation date: September 18, 1991. Amount: 0.11 c.f.s. Uses: Fire protection and piscatorial. Detailed outline of work done toward completion of appropriation is included in the Application. Second Claim: Chaney Pump & Pipe No. 2. Original Decree: October 16, 1992, Case No. 92CW67, District Court, Water Division 5. Legal: NW ¼ of the SW ¼ of Section 17, Township 10 South, Range 84 West of the 6th P.M., approximately 1900 feet north of the south section line and 412 feet east of the west section line of said Section 17. Source: Roaring Fork River, tributary to Colorado River. Appropriation date: September 18, 1991. Amount: 0.11 c.f.s. Uses: Fire protection and piscatorial. Detailed outline of work done to complete appropriation is included in the Application. Maps of water rights are on file with the court as Exhibit A. Applicant owns the land where the water rights are located and where water will be put to beneficial use. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

30. 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3082 (10CW193)(02CW100). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, Colorado 81601. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF BARBER BASIN, LLC AND PEAK RANCH, INC, IN GRAND COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1.Name, Address, and Telephone Number of Applicants: Barber Basin, LLC., Attn: David and Karen Hammer, 12210 U.S. Highway 40, Kremmling, CO 80459, 970.724.3400, Peak Ranch, Inc., Attn: David and Karen Hammer, 12210 U.S. Highway 40, Kremmling, CO 80459, 970.724.3400. Direct all pleadings to: Glenn E. Porzak, Corina A. Hach, Porzak Browning & Bushong LLP., 2120 13th Street, Boulder, CO 80302. 2.Name of Structure. Barber Basin Reservoir No. 3. 3.Description of the Conditional Water Right., (i)Original Decree: Decree entered by the District Court in and for Water Division No. 5, State of Colorado (the “Water Court”) on April 19, 1984, in Case No. 82CW451. (ii) Prior Diligence Decrees: Previous findings of reasonable diligence were entered by the Water Court in Case No. 88CW62 on November 20, 1989; Case No. 95CW259 on April 12, 1996, Case No. 02CW100 on July 19, 2004, and

MAY 2018 RESUME WATER DIVISION 5 PAGE 32 in Case No. 10CW193 on May 29, 2012.(iii) Decreed Location: The northerly end of the axis of the dam is located in the NW ¼ of the NW ¼ of Section 21, Township 4 North, Range 82 West of the 6th P.M. at a distance of 17 feet from the North section line and 1,120 feet from the West section line of said Section 21. See Exhibit A. Without changing the decreed location, the UTM Coordinates are UTM Coordinates NAD 83, Zone 13, Northing: 4462527, Easting: 364780 (Source of UTM Data: CO State Engineer’s Office/CDSS).(v) Source: Muddy Creek, tributary to the Colorado River. (vi) Appropriation Date: September 20, 1982. (vii) Amount: 4,593.83 acre-feet, conditional. (viii) Uses: Irrigation, livestock water, fish propagation, and recreation. 4. Detailed outline of work done to complete project and apply water to beneficial use. Applicants have made substantial progress toward putting the subject water right to beneficial use. Applicants intend to develop the subject water right, together with Barber Basin Reservoir No. 2, as part of a storage project within the Muddy Creek water basin (the “Basin Reservoir Storage Project”). Evidence of diligence activities undertaken by Applicants and/or their appointed Managers includes, but is not limited to, the following:(a) Completion of a preliminary firm yield analysis for the subject water right and Barber Basin Reservoir No. 2, including streamflow modeling and monitoring programs, prepared by Resource Engineering, Inc. at a cost of approximately $68,520; (b) Completion of a Preliminary Engineering Report for the Basin Reservoir Storage Project by McLaughlin Water Engineers (a division of Merrick & Company) at a cost of approximately $41,803; (c) Completion of a Preliminary Geotechnical Investigation for the proposed Basin Reservoir Storage Project dam by NorthWest Colorado Consultants, Inc., at a cost of $17,011; (d) Completion of soil test pits by KJ Hammer Companies, Inc. at a cost of $6,167; (e) Adjudication of Case No. 08CW66 for Barber Basin Reservoir No. 2, an integral water right in the Basin Reservoir Storage Project; (f) Participation in Case No. 11CW144 in opposition to the Colorado Water Conservation Board’s application to appropriate an instream flow water right on an unnamed tributary to Muddy Creek to ensure lack of injury to its water rights in the same area. Legal fees for items 4(e) and 4(f) totaled approximately $92,947; and (g) Payment in full of the $400,000 loan that funded the above work for the Basin Reservoir Storage Project, including accrued interest; (h) Co-Applicant Peak Ranch, LLC owns Peak Ranch, where the subject water right is primarily located. As confirmed in Case No. 10CW193, all the water rights utilized on Peak Ranch, as identified in Exhibit B to this decree, constitute an integrated system. As such, for purposes of demonstrating reasonable diligence, work performed and expenses incurred in connection with Peak Ranch and the water rights listed in Exhibit B shall be considered to further the diligent development of Barber Basin Reservoir No. 3. During the subject diligence period, title to a number of senior water rights was settled and a major project was completed on Binco Dam at the direction of the State Engineer, with total costs of approximately $134,000. The Applicants believe that they can and will complete the appropriation within a reasonable time and intend to perfect the subject water right. 5. Name and address of the owner of the land on which the Subject Water Right is stored. The decreed location for Barber Basin Reservoir No. 3 is on land owned by Applicant Peak Ranch, Inc. New survey monuments which are incorporated into the survey work completed by McLaughlin Water Engineers indicates that portions of the subject water right may be on land owned by the United States Forest Service, attn: District Ranger, 300 Roselawn Ave., P.O. Box 7, Yampa, CO 80483. Additionally, such survey work shows that the subject water right is at or near the boundary of property held by the Colorado State Land Board, attn: Northwest District Office, 1127 Sherman Street, Denver, CO 80203. Both the USFS and Colorado State Land Board will be sent notices of this Application. WHEREFORE Applicants request that the Water Court issue a final decree that (i) finds that the Applicants were reasonably diligent with respect to the Barber Basin Reservoir No. 3 (ii) retains the conditional status of the Barber Basin Reservoir No. 3 in the amount of 4,593.83 acre-feet and for all the decreed uses; 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 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

31. 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3084 GARFIELD COUNTY - Colorado River; United Companies of Mesa County; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR FINDING OF REASONABLE DILIGENCE; Name, address, and telephone number of applicant: Oldcastle SW Group, Inc., d/b/a United Companies of Mesa County; 2273 River Road; Grand Junction, CO 81505; (970) 243-4900; Request for finding of diligence: Name of structure: Casey Pond Nos. 1-5 in the last finding of diligence in Case

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No. 11CW28, combined and renamed as the Casey Pit in Case No. 11CW47; Describe conditional water right: Date of Original Decree: February 17, 2005; Case No. 03CW186; Subsequent decrees awarding diligence: 11CW28; Legal description: S/2 of Section 11, Township 6 South, Range 93 West of the 6th P.M. The centers of the Casey Ponds were decreed in Case Nos. 03CW186 and 11CW28 as follows: Casey Pond No. 1 830 feet north of the south section 1,810 feet east of the west section line line Casey Pond No. 2 1,000 feet north of the south section 2,450 feet east of the west section line line Casey Pond No. 3 1,350 feet north of the south section 2,360 feet west of the east section line line Casey Pond No. 4 1,550 feet north of the south section 1,900 feet west of the east section line line Casey Pond No. 5 1,950 feet north of the south section 1,310 feet west of the east section line line However, in Case No. 11CW47 the Casey Pond Nos. 1-5 were combined into one structure renamed the Casey Pit, the approximate centroid of which will be in the S/2 of Section 11, Township 6 South, Range 93 West, of the 6th P.M., at a point 1,120 feet from the south section line and 2,200 feet from the west section line; Source of water: Groundwater tributary to the Colorado River; Appropriation Date: For Casey Pond No. 1, November 29, 1978. For Casey Pond Nos. 2-5, April 26, 1989; Amount: 53.15 a.f., conditional, 3.53 a.f. absolute; Use: Industrial, including, but not limited to, evaporation, dewatering, product moisture losses, dust suppression and aggregate washing all in connection with the mining of sand, gravel, and related products; recreation, wildlife, aquatic habitat; Depth: 37 feet; Outline of work toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: Applicant operates five gravel mining operations in the vicinity of the Casey Pit. During the diligence period, market conditions have led Applicant to focus its mining activity at the neighboring North Bank Pit and Scott Pit. Applicant has continued to dewater the Casey Pit and to use it for storage of material mined from the North Bank and Scott Pits. The Casey Pit is a critically important part of Applicant’s mining plan and Applicant intends to continue mining at the Casey Pit once demand increases or when the North Bank and Scott Pits are mined out; Request for finding of diligence: Name of structure: Casey Pit, First Enlargement; Describe conditional water right: Date of Original Decree: July 22, 2012; Case No. 11CW47; Legal description: The centroid of the Casey Pit, First Enlargement, will be in the S/2 of Section 11, Township 6 South, Range 93 West of the 6th P.M., Garfield County, Colorado, at a point 1,890 feet from the south section line and 1,610 feet from the east section line; Source of water: Groundwater tributary to the Colorado River; Appropriation Date: June 29, 2009; Amount: During mining, additional consumptive use from the Casey Pit, First Enlargement, will result from an increase to the proposed production rate from the original 120,000 tons per year to the enlarged rate of 250,000 tons per year. That increase of 130,000 tons per year will result in an additional 3.82 a.f. of depletions per year. After mining has concluded, the Casey Pit, First Enlargement, will expose an additional 11.7 acres of groundwater beyond the 18.7 acres included in the original Casey Pit appropriation. The evaporation associated with the additional 11.7 acres will equal 35.48 a.f. per year with an estimated gross evaporation rate equal to 48 g.p.m; Use: Industrial, including, but not limited to, evaporation, dewatering, product moisture losses, dust suppression, and aggregate washing all in connection with the mining of sand, gravel, and related products; recreation, wildlife, aquatic habitat; Depth: 37 feet; Outline of work toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: Applicant operates five gravel mining operations in the vicinity of the Casey Pit. During the diligence period, market conditions have led Applicant to focus its mining activity at the neighboring North Bank Pit and Scott Pit. Applicant has continued to dewater the Casey Pit and to use it for storage of material mined from the North Bank and Scott Pits. The Casey Pit is a critically important part of Applicant’s mining plan and Applicant intends to continue mining at the Casey Pit once demand increases or when the North Bank and Scott Pits are mined out. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

32. 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

MAY 2018 RESUME WATER DIVISION 5 PAGE 34

THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MAY 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3085 (02CW232. 11CW78) PITKIN COUNTY - MCFARLANE CREEK, POPCORN CREEK, AND THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence and to make absolute. Applicant: Morningstar Owners Association c/o Sara Dunn, Erika Gibson, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945-6546. Claim for Finding of Reasonable Diligence. Prior Decrees: original decree entered on 5/23/05 in Case No. 02CW232, Water Div. 5., subsequent diligence decree entered on 5/28/12 in Case No. 11CW78, Water Div. 5. Structure: McFarland Ditch, a surface water right. Legal: SW1/4, Sec. 28, T. 10 S., R. 84 W., 6th P.M., when the SW corner of Sec. 28 bear S. 39 deg. 51’23” W. for 1229.80 ft and whence the W. 1/16 corner of Sec. 28 and Sec. 33 bear S. 29 deg. 20’48” for 1084.83 ft. The point of diversion can also be described as being located in the SW1/4 SW1/4 of Sec. 28, T. 10 S., R. 84 W., 6th P.M. at a point 1144 ft from the S. Sec. Line and 532 ft from the W. Sec. Line of said Sec. 28 (UTM X: 345916.63 and Y:4334714.97). Source: Roaring Fork River. Approp. Date: 7/24/02. Amount and Uses: 0.15 c.f.s., conditional for irrigation of 5.94 acres cumulative with the Black Diamond Ditch and 2.0 c.f.s., conditional, cumulative with irrigation diversions for fire protection, stock watering, filling of Vulcan Pond System and subsequent uses decreed for Vulcan Pond System. Structure: Black Diamond Ditch, surface water right. Legal: SW1/4 of Sec. 28, T. 10 S., R. 84 W., 6th P.M., whence SW corner of Sec. 28 bears S. 34 deg. 42’43” W. for 1337.73 ft and whence the W. 1/16 corner of Sec. 28 and Sec. 33 bears S. 26 deg. 52’25” E. for 1234.52 ft. The point of diversion can also be described as being located in the SW1/4 SW1/4 of Sec. 28, T. 10 S., R. 84 W., 6th P.M. at a point 1300 ft from the S. Sec. Line and 517 ft from the W. Sec. Line of said Sec. 28 (UTM X: 345914.84 and Y: 4334762.46).Source: Roaring Fork River. Appropriation Date: 7/24/02. Amount and Uses: 0.15 c.f.s., conditional for irrigation of 5.94 acres cumulative with the McFarland Ditch and 2.0 c.f.s., conditional, cumulative with irrigation diversions for fire protection, stock watering, filling of Vulcan Pond System and subsequent uses decreed for Vulcan Pond System. Structure: Vulcan Pond System, storage water right. The Vulcan Pond System is comprised of McFarlane Pond and Wildwood Pond as decreed in Consol. Case Nos. 02CW398 and 03CW324. Legal for McFarlane Pond: Center pt. of dam located in NE1/4 SE1/4, Sec. 29, T. 10 S., R. 84 W., 6th P.M. at a pt. 1501 ft from S. Sec. Line and 101 ft from E. Sec. Line of Sec. 29. Legal for Wildwood Pond: Center pt. for dam in NE1/4 SE1/4 of Sec. 29, T. 10 S., R. 84 W. 6th P.M., at a pt. 1354 ft. from S. Sec. Line and 173 ft from E. Sec. Line of Sec. 29. Source: McFarlane Creek, Popcorn Creek and Roaring Fork River filled by McFarland Ditch, Black Diamond Ditch, McFarlane Pipeline and Cabin Ditch. Appropr. Date: 7/24/02. Amount: 1.38 a.f., with the right to fill and refill when water is physically and legally available. The McFarlane Pond component of Vulcan Pond System was made absolute in Case No. 11CW78 in the amount of 0.4946 a.f., with surface area of 0.111 acres. Uses: irrigation of 1.77 acres of lawn and garden, and temp. irrigation of 1.95 acres on areas disturbed by construction activities, fire protection, stock watering, augmentation, recreation and piscatorial which includes wildlife usage on pond areas. Augmentation is described in Consol. Case Nos. 02CW398 and 03CW324. A detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use as conditionally decreed is included in the Application on file with the Water Court. CLAIM TO MAKE ABSOLUTE. Applicant requests the McFarland Ditch water right be made absolute, in part. The McFarland Ditch component of the irrigation water system has been placed to use through the development of temporary infrastructure including a pump and hose to divert water from the Roaring Fork River and to deliver the water to the East Carney Pond for subsequent use within the Carney Pond System. Applicant is working with CM Sprinklers, Inc. on design and construction of a permanent diversion system that would deliver water directly to the Vulcan Pond System and the Carney Pond System. Date water was applied to beneficial use: 05/1/2018. Amount: 0.011 c.f.s. (5 gpm). Use: Fill and refill the Carney Pond System for subsequent use within the pond of fire protection, recreation, piscatorial and direct wildlife usage. Remarks: The Roaring Fork River and the mainstem of the Colorado River below the confluence with the Roaring Fork River were not on call on 05/18/2018 when the diversions occurred. Description of place of use: Within the East Carney Pond as decreed in Consolidated Case Nos. 02CW398 and 03CW324 and Case No. 15CW3025. Names and addresses of owner or reputed owners of the land upon which any new or existing diversion structure: McFarland Ditch: Deborah Gorlin, P.O. Box 1579, Aspen, CO 81612. Black Diamond Ditch: Difficult, LLC, 408 Little John Lane, Houston, TX 77024. Vulcan Pond System: USFS US Dept. Of Agriculture, Dist. Ranger, 806 West Hallam, Aspen, CO 81611 and Hatcher Properties, LLC, P.O. Box 3505, Little Rock, AR 72203. (8 pages 5 Exh). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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33. 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3086 (10CW207, Water Div 5) GARFIELD COUNTY, APPLICATION TO MAKE ABSOLUTE AND FOR A FINDING OF REASONABLE DILIGENCE. 1. Name, mailing address, and telephone number of Applicant: Martha Adrienne Crouch P.O. Box 1704 Carbondale, Colorado 81623 (970) 963-1018 Please address all correspondence to: Peter D. Nichols Megan Gutwein Berg Hill Greenleaf Ruscitti LLP 1712 Pearl Street Boulder, CO 80302 (303) 402-1600 2.Name of structure: A. Crouch Well No. 1, well permit number 169271. 3. Description of Conditional Water Rights: A. Crouch Well No. 1. 1. Original Decree: May 30, 2012, Case No. 10CW207, Garfield County District Court. 2. Legal Description: Located in the SW1/4 SW1/4 of Section 20, Township 7 South, Range 87 West of the 6th P.M., 624 feet from the South section line and 1241 feet from the West section line of said Section 20. 3. Alternate Legal Description: Northing 4366313.7, Easting 315926.3, Zone 13. 4. Source of Water: Groundwater tributary to Stauffacher Gulch, tributary to the Roaring Fork River, tributary to the Colorado River. Depth of well is 270 feet. 5. Appropriation Date: June 24, 1967 for domestic use inside one (1) single family dwelling; April 1, 1993, for fire protection, ordinary household purposes inside two (2) single family dwellings, the irrigation of not more that one (1) acre of home gardens and lawns and the watering of domestic animals; and August 10, 2010 for the watering of poultry and livestock. 6. Amount: 15 gallons per minute (gpm) total composed of 10 gpm absolute and 5 gpm conditional for domestic use inside one (1) single family dwelling and 15 gpm conditional for the irrigation of not more that one (1) acre of home gardens and lawns, and conditional for fire protection, ordinary household purposes inside two (2) single family dwellings, and the watering of domestic animals, poultry and livestock up to three acre-feet per year of diversions. 7. Use: Ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock, and the irrigation of not more that one-acre of home gardens and lawns on a tract of land 35.6 acres in size. The irrigated land is depicted in Exhibit A. 8. Land Ownership Information: Applicant, Martha Adrienne Crouch. 4. Application to Make Absolute: A. Applicant requests that 15 gpm of the conditional water right be made absolute for irrigation of not more that one (1) acre of home gardens and lawns. During the period following the water court’s entry of a decree for this water right, Applicant has placed the water right to beneficial use for the irrigation of home gardens and lawns as depicted in Exhibit B. In the alternative, Applicant requests a finding of diligence to continue 15 gpm conditional for irrigation of not more that one (1) acre of home gardens and lawns. 5. Application for Finding of Reasonable Diligence: A. Applicant seeks a finding of diligence for fire protection, ordinary household purposes inside two (2) single family dwellings, and watering of domestic animals, poultry and livestock. B. Outline of Work Done Toward Application of Water to Beneficial Use: During the period following the water court’s entry of a decree for this water right, in continuing the development of the conditional water rights, Applicant has placed the water right to beneficial use for the irrigation of home gardens and lawns, and has been diligent in the continued development of the other decreed uses of the water right involved. Applicant incurred approximately $6,000 in costs to develop her irrigation use, and engaged attorneys and consultants in the development and protection of her water right during this diligence period. WHEREFORE, Applicant seeks entry of a decree confirming 15 gpm of water absolute for irrigation on not more than one (1) acre of land, and that Applicant has exercised reasonable diligence toward completion of the appropriations for the other decreed uses, and continuing the subject conditional water rights in full force and effect for another six-year diligence period. (7 pages, including exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

34. 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3088 PITKIN COUNTY, SLAUGHTERHOUSE GULCH, TRIBTUARY TO ROARING FORK RIVER. Red Butte Ranch Homeowners Association c/o CORONA WATER LAW, 420 E. Main St., Ste. 210B, Aspen, CO 81611, (970) 948-6523, [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE. Structure: Little Red Butte Spring Ditch. Description: Original Decree, Division 5 Water Court, Case

MAY 2018 RESUME WATER DIVISION 5 PAGE 36

81CW508, 07/19/1982. Legal Description: NWNW, Section 1, T10S, R85W, 6th P.M., approximately 2059 feet from north section line, 665 feet from west section line (map on file with court). Source: Slaughterhouse Gulch, tributary to Roaring Fork and Colorado Rivers. Appropriation Date: June 1, 1946. Remaining amounts decreed conditional: 1.77 cfs irrigation, 1.83 cfs livestock watering, 2.5 cfs domestic and piscatorial. Diligence activities are described in the application on file with the court. Claim for absolute. Date of beneficial use: 8/1/17, piscatorial use; 7/15/17, irrigation. These dates may be adjusted as the facts in this case develop further. Amounts: 0.25 cfs, piscatorial use; 0.18 cfs, irrigation use. Copies of the application and all exhibits may be obtained by contacting Craig Corona, [email protected]. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

35. 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW3089 (03CW123, 11CW113) GARFIELD COUNTY – SPRING WATER TRIBUTARY TO EAST RIFLE CREEK, TRIBUTARY TO RIFLE CREEK, TRIBUTARY TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence and to make absolute, in part. Applicant: Terry and Julie Kirk c/o Sara M. Dunn, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945-6546. Claim for Finding of Reasonable Diligence. Prior Decrees: Original Decree entered on 7/19/05 in Case No. 03CW123, Water Div. 5. Subsequent Diligence Decree entered on 5/30/2012 in Case No. 11CW113, Water Div. 5. Structure: East Rifle Spring and Pipeline No. 1, Surface Water Right. Legal: decreed pt. of diversion is located in the SE 1/4, SE 1/4 of Sec. 11, T. 4 S., R. 92 W., 6th P.M. at a point whence the SE Corner of Sec. 11, bears S 29 deg. 30’ E. 1,080 ft. The pt. of diversion for the East Rifle Spring and Pipeline No. 1 was field verified as being located in the SE1/4 SE1/4 Sec. 11, T. 4 S., R. 92 W., 6th P.M. 1135 ft from the S. Sec. Line and 801 ft from the E. Sec. Line of said Sec. 11 (UTM Easting 270438 and Northing: 4399285, Zone 13;NAD83). Source: Spring water tributary to East Rifle Creek, tributary to Rifle Creek, tributary to the Colorado River. Approp. Date: 6/26/03. Amount: 0.008 c.f.s., conditional. Uses: Domestic, irrigation, fire protection, recreation, livestock watering, piscatorial and wildlife watering. Structure: East Rifle Spring and Pipeline No. 2., Surface Water Right. Legal: decreed pt. of diversion is located in the SE 1/4, SE 1/4, of Sec. 11, T. 4 S., R. 92 W., 6th P.M., at a pt. whence the SE Corner of Sec. 11 bears S. 33 deg. 15’ E. 1,330 ft. The East Rifle Spring and Pipeline No. 2 was field verified as being located in the SE1/4, SE1/4 Sec. 11, T. 4 S., R. 92 W., 6th P.M., 1120 feet from the S. Sec. Line and 1056 ft from the E. Sec. Line of said Sec. 11 (UTM Easting 270360 Northing 4399283 Zone 13; NAD83). Source: Spring water tributary to East Rifle Creek, tributary to Rifle Creek, tributary to the Colorado River. Approp. Date: 6/26/03. Amount: 0.005 c.f.s, conditional. Uses: Domestic, irrigation, fire protection, recreation, livestock watering, piscatorial and wildlife watering. Structure: East Rifle Spring and Pipeline No. 3, Surface Water Right. Legal: decreed pt. of diversion is located in the SW1/4, SE1/4, of Sec. 11, T. 4 S., R. 92 W. 6th P.M. at a pt. whence the SE corner of Sec. 11, bears S. 54 deg. 30’, E. 2,110 ft. The East Rifle Spring and Pipeline No. 3 was field verified as being located in the SW1/4 SE1/4 Sec. 11, T. 4 S., R. 92 W., 6th P.M. 1067 ft from the S. Sec. Line and 2505 ft from the E. Sec. Line of said Sec. 11 (UTM Easting 269918 Northing 4399280 Zone 13; NAD83). Source: Spring water tributary to East Rifle Creek, tributary to Rifle Creek, tributary to the Colorado River. Approp. Date: 6/26/03. Amount: 0.03 c.f.s., conditional. Uses: Domestic, irrigation, fire protection, recreation, livestock watering, piscatorial and wildlife watering. A detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use as conditionally decreed is in included in the Application on file with the Water Court. CLAIMS TO CONFIRM ABSOLUTE, IN PART. Applicants seek a finding that the East Rifle Spring and Pipeline No. 1 has been made absolute, in part, through completion of the collection system, pipeline, irrigation risers and storage tank and application to beneficial use. Amount: 0.008 c.f.s. Uses: Domestic, irrigation of up to 10,000 square feet, livestock watering, wildlife watering and fire protection. Date Applied to Beneficial Use: May 15, 2016 through June 1, 2016. The diversion was made in-priority as evidenced by the call records attached to the Application as Exhibit C. Place of Beneficial Use: The water is collected in a pipeline connected to a storage tank for domestic use and irrigation use in the vicinity of the cabin and for overflow irrigation, stock and wildlife watering near the East Rifle Spring and Pipeline No. 1 collection area. The cabin is under construction and domestic use has been in temporary camping trailers. All uses have occurred within Parcels 26, 27 and 28 of the West Elk Creek Ranches, in Section 11, Township 4 South, Range 92 West of the 6th P.M. as indicated on Exhibit A and B on file with the Water Court. Applicants seek a finding that the East Rifle Spring and Pipeline No. 2 has been made absolute, in part, through completion

MAY 2018 RESUME WATER DIVISION 5 PAGE 37 of the spring box and pipeline for irrigation, stock and wildlife watering and application to beneficial use. Amount: 0.005 c.f.s. Uses: Irrigation of up to 10,000 sq. ft., livestock watering, wildlife watering and fire protection. Date Applied to Beneficial Use: May 15, 2016 through June 1, 2016. The diversion was made in-priority as evidenced by the call records. Place of Beneficial Use: The water is collected in a spring box and piped to its place of use within 25 ft of the East Rifle Spring and Pipeline No. 2 which is located within Parcels 26, 27 and 28 of the West Elk Creek Ranches, in Section 11, Township 4 South, Range 92 West of the 6th P.M. Applicants seek a finding that the East Rifle Spring and Pipeline No. 3 has been made absolute, in part, through completion of the collection system for stock and wildlife watering and application to beneficial use. Amount: 0.03 c.f.s. Uses: Livestock watering, wildlife watering, and fire protection. Date Applied to Beneficial Use: May 15, 2016 through June 1, 2016. The diversion was made in-priority as evidenced by the call records. Place of Beneficial Use: The water from the spring is collected in its immediate vicinity in a stock and wildlife watering structure, which is located within Parcels 26, 27 and 28 of the West Elk Creek Ranches, in Section 11, Township 4 South, Range 92 West of the 6th P.M. Applicants request that any uses and amounts not made absolute for the East Rifle Springs and Pipelines Nos. 1, 2, and 3 herein, be continued as conditional for an additional six years. Names and address of owner or reputed owners of the land upon which any new or existing diversion structure: Applicant. (7 pages, 3 Exhibits). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

36. 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 2018. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW3247 EAGLE COUNTY. First Amended Application for Correction to Established but Erroneously Described Pt. of Diversion Pursuant to C.R.S. 37-92-305(3.6). Applicants: James A. Fitzsimmons Trust, dated 11/12/1993, and the Carol V. Fitzsimmons Trust, dated 11/12/1993 (“Fitzsimmons Trusts”); c/o Balcomb & Green, P.C.; P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Decreed water right for which correction is sought: Erickson No. 2 Ditch. Original and relevant subsequent decrees: Dist. Court for Eagle County in C.A. 446 under Priority No. 237 for 1.00 cfs for irr. purposes with an adj. date of 6/4/1907 and an approp. date of 10/30/1901. A separate priority was decreed in C.A. 294 under Priority No. 237EX for 1.416 cfs for irr. purposes with an adj. date of 6/7/1915, and an approp. date of 12/31/1914. The source is Miller Gulch Creek, a trib. of Gypsum Creek. Amt: Applicants own 66% of the two decreed priorities, being 0.66 cfs of Priority No. 237 and 0.9345 cfs of Priority No. 237EX, for a total of 1.5945 cfs. Legal desc. of structure as described in most recent decree that adjudicated the location: the headgate of said ditch is situated on the left bank of the Miller Gulch Creek, from which stream said ditch derives and diverts its supply of water at a pt. whence the corner of Sec. 14-15-22 and 23 in T. 6 S., R. 85 W., 6th P.M. bears S 40° 36’ East 4332.6 ft. Detailed desc. of proposed correction: Applicants request a correction to an established but erroneously described pt. of diversion of the Erickson No. 2 Ditch pursuant to C.R.S. § 37-92- 305(3.6)(a) & (b). Applicants have at all times diverted water pursuant to their decreed water rights in C.A. 446. Applicants reasonably believe the pt. of diversion described in C.A. 446 to be in error. Water Commissioner plotted the location of the pt. of diversion from the Decree in C.A. 446. The Decree states that the headgate for the Erickson No. 2 Ditch is on the bank of Miller Creek Gulch. As plotted in the Decree, the pt. of diversion is not in Miller Creek Gulch, and cannot ever have been the pt. of diversion for the Erickson No. 2 Ditch. The decreed location is more than 500 ft. from the historical pt. of diversion. Applicants reasonably believe the historical pt. of diversion has been in use since at least the time the Erickson No. 2 Ditch was adjudicated on 6/4/1907, thereby creating a rebuttable presumption of having been located at the same physical location since its inception. Applicants’ request for a correction is limited to the Applicants’ 66% share of the adjudicated water rights in the Erickson No. 2 Ditch as described by water rights agreement signed on 7/13/2007 and recorded in the Eagle County records at Reception No. 200723457. The legal desc. of the correct pt. of diversion in UTM format: Easting 336507; Northing 4376139; Zone 13 via hand-held Garmin GPS (accurate within 2 meters). Legal Desc. Using the Public Land Survey System (PLSS): SW1/4, NE1/4, Sec. 23, T. 6 S. R. 85 W., 6th P.M., 1436 ft. from North sec. line; 2397 ft. from East sec. line. Name(s) and address(es) of owner(s) or reputed owners of the land: The historical headgate is located on lands owned by: Gypsum Creek Outpost Trust; c/o Darren E. Flamik, Trustee; 9601 Interstate 630, Exit 7; Little Rock, AR 72205. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2018 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

MAY 2018 RESUME WATER DIVISION 5 PAGE 38

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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.