District Court, Water Div. 6, Colorado to All Persons Interested in Water Applications in Water Div

DISTRICT COURT, WATER DIV. 6, COLORADO TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 6

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water DIV. 6, during the month of DECEMBER, 2002.

1. 02CW88 JAMES H. LEANDER, 1187 MCR 180, MEEKER, CO 81641. (970) 824-6270. APPLICATION FOR CHANGE OF WATER RIGHT IN MOFFAT COUNTY. Decreed name of structure for which change is sought: MULTIPLE CHANGES SOUGHT. ALTERNATE POINT OF CONTACT: WALTER N. PROCTOR AT THE SAME ADDRESS AND PHONE NUMBER. Structures: JOHN H. COLLUM IRRIGATING DITCH; SPRING CREEK DITCH NO.1; SPRING CREEK DITCH NO.2, ½ OF THE WATER RIGHTS (0.29CFS) OWNED BY APPLICANT (SEE ATTACHED BARGAIN AND SALE DEED). From previous Decree: NOTE: ALL THREE POINTS OF DIVERSION IN THIS APPLICATION ARE REFERENCED TO THE PRE-1904 SURVEY AND THE SEC. CORNERS ARE SIGNIFICANTLY DIFFERENT THAN THOSE SHOWN ON CURRENT MAPS. JOHN H. COLLUM IRRIGATING DITCH: DATE ENTERED: 09/22/1894 CASE NO.NONE, SEE ATTACHED COURT MEMO. Court: DISTRICT COURT OF THE NINTH JUDICIAL DISTRICT OF THE STATE OF COLORADO. Decreed point of diversion: ON THE RIGHT AND EAST BANK OF GOOD SPRING CREEK FROM WHICH POINT THE CORNER TO SEC.23,24,25 AND SEC.26, T4N, R93W, OF THE 6TH P.M., BEARS SOUTH 81 DEGREES 30 MINUTES EAST 809 FT. IN ROUTT COUNTY (MOFFAT). Source: GOOD SPRING CREEK A BRANCH OF MILK CREEK TRIB. TO THE YAMPA RIVER. Appropriation Date: 03/20/1883. Amount: 1.6000CFS. Historic use: THIS DIVERSION HAS BEEN IN CONTINUOUS USE FOR THE IRRIGATION OF APPROX. 200 ACRES OF LAND IN SEC. 24, T4N, R93W (CURRENT MAP ATTACHED). SPRING CREEK DITCH NO.1 – Date entered: 09/22/1894. Case No. NONE, SEE ATTACHED COURT MEMO. Court: DISTRICT COURT OF THE NINTH JUDICIAL DISTRICT OF THE STATE OF COLORADO. Decreed point of diversion: ON THE LEFT AND WEST BANK OF GOOD SPRING CREEK AT A POINT WHENCE THE SOUTH WEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SEC. 26 IN T4N, R93W, OF THE 6TH P.M., BEARS SOUTH 67 DEGREES 45 MINUTES EAST 24 RODS IN ROUTT COUNTY (MOFFAT). Source: GOOD SPRING CREEK A BRANCH OF MILK CREEK TRIB. TO THE YAMPA RIVER. Appropriation date: 06/30/1887. Amount: 0.4200 CFS. Historic use: THIS WATER RIGHT WAS ORIGINALLY CLAIMED BY ARTHUR COLLUM FOR THE IRRIGATION OF 25 ACRES IN SEC. 23, T4N, R93W ON THE WEST SIDE OF GOOD SPRING CREEK. AT SOME POINT (DATE UNKNOWN) THE DITCH AND HEADGATE WERE CHANGED TO IRRIGATE APPROX. 25 ACRES IN SEC. 23, T4N, R93W ON THE EAST SIDE OF GOOD SPRING CREEK. IT HAS BEEN CONTINUOUSLY USED FOR THIS PURPOSE SINCE THE 1950’S. SPRING CREEK DITCH NO.2 – Date entered: 09/22/1894. Case No. NONE. SEE ATTACHED COURT MEMO. Court: DISTRICT COURT OF THE NINTH JUDICIAL DISTRICT OF THE STATE OF COLORADO. Decreed point of diversion: ON THE RIGHT AND EAST BANK OF GOOD SPRING CREEK AT A POINT WHENCE THE SOUTH WEST CORNER OF THE NORTH EAST QUARTER OF THE NORTH EAST QUARTER OF SEC. 26, T4N, R93W OF THE 6TH P.M. BEARS NORTH 65 DEGREES 45 MINUTES EAST 33 1/3 RODS IN ROUTT COUNTY (MOFFAT). Source: GOOD SPRING CREEK A BRANCH OF MILK CREEK TRIB. TO YAMPA RIVER. Appropriation Date: 06/30/1887 Amount: 0.5800 CFS. Historic Use: THIS WATER RIGHT WAS ORIGINALLY CLAIMED BY ARTHUR COLLUM FOR THE IRRIGATION OF 35 ACRES OF LAND IN SEC.23, T4N, R93W ON THE RIGHT AND EAST BANK OF GOOD SPRING CREEK. AT SOME POINT (DATE UNKNOWN) THE DITCH AND HEADGATE WERE CHANGED TO IRRIGATE APPROX. 60 ACRES OF LAND IN SEC. 23, T4N, R93W ON THE WEST BANK OF GOOD SPRING CREEK. ON 02/10/1995 ½ OF THIS WATER RIGHT (0.29 CFS) WAS DEEDED TO THE APPLICANT BY COLOWYO COAL COMPANY LP TO IRRIGATE LAND EXCHANGED ON THE EAST BANK OF GOOD SPRING CREEK IN SEC.23, T4N, R93W. (BARGAIN AND SALE DEED ATTACHED). Proposed change: THE CHANGE REQUESTED IS FOR AN ALTERNATE POINT OF DIVERSION. THE PRESENT POINTS OF DIVERSION FOR ALL THREE OF THESE WATER RIGHTS ARE ON THE WEST SIDE OF COLORADO HWY.13. ALL LAND IRRIGATED BY THESE WATER RIGHTS IS ON THE EAST SIDE OF COLORADO HWY.13. RECENT INSTALLATION OF MULTIPLE UNDERGROUND UTILITIES INCLUDING THE FIBER-OPTIC TRUNK LINE BETWEEN CRAIG AND MEEKER IN THE HIGHWAY RIGHT-OF-WAY MAKE IT BOTH DIFFICULT AND COSTLY TO MAINTAIN THE DITCHES WHERE THEY CROSS THE UTILITIES AND GO UNDER THE HIGHWAY. A SUITABLE LOCATION FOR A NEW POINT OF DIVERSION ON GOOD SPRING CREEK ON THE EAST SIDE OF COLORADO HWY 13 HAS BEEN IDENTIFIED 1200 FT. UPSTREAM FROM THE PRESENT LOCATION OF THE SPRING CREEK DITCH NO.1 AND SPRING CREEK DITCH NO.2 POINT OF DIVERSION. THE PROPOSED ALTERNATE POINT OF DIVERSION FOR THESE THREE WATER RIGHTS IS LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SEC. 26, T4N, R93W OF THE 6TH P.M. Use: THE ALTERNATE POINT OF DIVERSION WILL BE USED TO IRRIGATE THE SAME LAND HISTORICALLY IRRIGATED BY THESE WATER RIGHTS. Amount: THE REQUESTED ALTERNATE POINT OF DIVERSION IS FOR THE COMBINED TOTAL OF THE WATER HISTORICALLY USED BY THE THREE WATER RIGHTS LISTED ABOVE. If a change in point of diversion – legal description as follows: SW1/4 OF THE NE ¼ SEC. 26, T4N, R93W, OF THE 6TH P.M., AT A POINT 1650 FT. FROM NORTH SEC. LINE AND 2100 FT. FROM EAST SEC. LINE OF SAID SEC. Required settings for GPS units are as follows in UTM format: POINTS AVERAGED? NO. NORTHING 4463561 EASTING 262900. Name and address of owner of land on which structures are located: SAME AS APPLICANT.

2. 02CW89 (91CW112) RESERVE COAL PROPERTIES CO., 4866 CR 43, HAMILTON, CO 81638. CONTACT: TOM MIKESELL, P.O. BOX 1020, CRAIG, CO 81626. (970) 824-5812. APPLICATION FOR ABSOLUTE RIGHT in MOFFAT COUNTY. Name of structure: RCP POND #4. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: Date of Original Decree: 09/24/1996 Case No. 91CW112 Court: WATER DIVISION #6. Location: SEC 27, T4N, R90W, AT A POINT APPROX. 2300’ FROM THE EAST SEC. LINE AND 700’ FROM THE SOUTH SEC. LINE. Tributaries: WILLIAMS FORK. Appropriation: 03/30/1991. 30 AF. Use: MANY. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: RCP POND #4 – IN AUGUST, 2002, WE CONSTRUCTED A DAM TO CONFORM TO COLORADO STATE SPECIFICATIONS AT A COST OF $40000.00. If claim is to make absolute: Water applied to beneficial use – Date, Amount, Use and Description of place of use follows: RCP POND #4 – Date: 08/31/2002. Actual location: SE1/4 SW1/4 SEC. 21, T4N, R90W, OF THE 6TH P.M., AT A POINT APPROX. 100’ FROM THE SOUTH LINE AND 2500’ FROM THE WEST LINE OF SAID SEC. Tributaries: WILLIAMS FORK. Amount: 35 AF. Dam Size: Height: 10’ Length: 260’. Use: LIVESTOCK, WILDLIFE, FISH PROPAGATION, AND IRRIGATION WITH FUTURE USES TO INCLUDE DOMESTIC, INDUSTRIAL, COMMERCIAL, MINING, DUST SUPPRESSION, FIRE PROTECTION, AND ALL OTHER USES FOR APPLICANT’S MONUMENT BUTTE PROJECT IN

Page 2 of 42 MOFFAT COUNTY, WITH DATE OF APPROPRIATION OF MARCH 30, 1991, AS DECREED IN CASE NO. 91CW112 AND CONTINUED IN CASE NO. 01CW35. THIS PROPERTY IS OWNED BY RESERVE COAL PROPERTIES CO., LOCATED AT 1800 WASHINGTON RD., PITTSBURGH, PA 15241.

3. 02CW90 CHARLES D. JOHNSON AND LINDA A. JOHNSON, 21255 RCR 16, P.O. BOX 770905, STEAMBOAT SPRINGS, CO 80477 C/O VANCE E. HALVORSON, P.O. BOX 773509, STEAMBOAT SPRINGS, CO 80477 (970) 879-2330. APPLICATION FOR WATER RIGHTS in ROUTT COUNTY. SURFACE WATER RIGHT: Name of structure: JOHNSON SATARDALE SPRING. Legal description of each point of diversion: SEC 16, T3N, R84W OF THE 6TH P.M., ROUTT COUNTY, COLORADO AT A POINT 3063 FT FROM N LINE AND 515 FT FROM E LINE OF SAID SEC (SEE MAP). Source: LITTLE MORRISON CREEK WHICH IS TRIB. TO THE YAMPA RIVER. Date of appropriation: MAY 2002. Date water applied to beneficial use: MAY 2002. How appropriation was initiated: LOCATE SPRING ON GROUND AND MEASURE DISTANCE TO KNOWN POINT AND HAVE SURVEYOR, SKIDGE MOON, CALCULATE DISTANCE AND LOCATION. ALSO DIGGING JOHNSON/SATERDALE SPRINGS, JOHNSON PONDS #2 AND 3 AND JOHNSON/SATERDALE POND. Amount claimed: UP TO 10 GPM. TESTING OF IMPROVED SPRING PRODUCED 4-6 GPM IN AUGUST 2002. WATERS ARE CLAIMED ABSOLUTE. Use or proposed use: IRRIGATION, FIRE PROTECTION, PISCATORIAL, STOCK AND WILDLIFE WATER, AND FOR FILLING AND RE-FILLING JOHNSON POND #1, 2 AND 3 AND JOHNSON/SATERDALE POND FOR THE USES INDICATED. Number of acres being irrigated: N/A. Historically irrigated: N/A. Proposed to irrigate: 4 ACRES. Legal description of acreage: 4 ACRE PORTION OF TRACT OWNED BY CHARLES D. AND LINDA A. JOHNSON LOCATED IN PARTS OF SEC 16, T3N, R84W OF THE 6TH P.M. ROUTT COUNTY, COLORADO. Remarks: MOUNTANAIR, A COLORADO CORPORATION, 4411 S HIGH ST, ENGLEWOOD, CO 80110, IS THE OWNER OF THE PROPERTY UPON WHICH THE SPRING IS LOCATED. THE WATER IS COLLECTED IN A SMALL COLLECTION POND. THE WATER AT THE SPRINGS IS GRAVITY FEED TO ALTERNATIVELY JOHNSON PONDS NO. 2 AND 3 AND JOHNSON/SATERDALE POND AND FROM THERE TO WATER FEATURES LOCATED AT THE JOHNSON RESIDENCE ON ADJOINING PROPERTY. THE WATER FEATURES AT THE RESIDENCE CONTEMPLATE FIRE PROTECTION, STORAGE, FISH PONDS AND WATER FALLS, IRRIGATION OF YARD AND DRIP IRRIGATION OF LANDSCAPING FEATURE NEAR THE RESIDENCE. THE WATER FEATURES WILL BE DESIGNED TO SUPPLY WILDLIFE, INCLUDING DUCKS, GEESE, BIRDS, DEER, ELK, SQUIRRELS, BEAVER, ETC. WATER STORAGE RIGHT: Name of reservoir: (a) JOHNSON POND #2, (b) JOHNSON POND #3, and (c) JOHNSON/SATERDALE POND. Legal description of location of dam (also attach map): ALL PONDS ARE IN THE SE4 NE4 SEC 16, T3N, R84W OF THE 6TH P.M. (a) THE DAM IS LOCATED BETWEEN POINTS N 40° 13.887’ W 106° 48.503’ AND N 40° 13.867’ W 106° 48.493’. (b) THE OUTLET IS 50 FT SE OF N 40° 13.882’ AND W 106° 48.515’. (c) THE DAM IS LOCATED BETWEEN POINTS N 40° 13.801’ W 106° 48.460’ AND N 40° 13.809’ W 106° 48.477’. Source of water by river and TRIB.; LITTLE MORRISON CREEK TRIB. TO THE YAMPA. Date of initiation of the appropriation: (a) DECEMBER 2001, (b) DECEMBER 2001, (c) JANUARY 2002. Date water first applied to beneficial use: (a) DECEMBER 2001, (b) DECEMBER 2001, (c) JANUARY 2002. Construction and starting to fill on: (a) DECEMBER 2001, (b) DECEMBER 2001, (c) JANUARY 2002. Amount of water claimed in acre ft: (a) 4AF, (b) .07 AF, (c) 2 AF. Maximum height of dam: 10 FT. Length of dam or proposed dam in ft: (a) 150 FT, (b) NO EMBANKMENT, (c) 15 FT. Total capacity of reservoir in acre ft: (a) 4 AF, (b) .07 AF, (c) 2 AF. Active capacity in acre ft:

Page 3 of 42 SAME. Dead storage in acre ft: -0-. Name and capacity of ditch or ditches leading to reservoir: N/A. Remarks: THE RESERVOIR IS TO BE FILLED AND REFILLED AND IS SUPPLIED BY JOHNSON/SATERDALE SPRING AND RUN OFF AS TO JOHNSON/SATERDALE POND AND JOHNSON PONDS 2 AND 3. AS TO JOHNSON PONDS 2 AND 3 THE PROPERTY IS OWNED BY CHARLES D. AND LINDA A. JOHNSON. AS TO JOHNSON/SATERDALE POND, THE PROPERTY IS OWNED BY MOUNTAIN AIR CORP., 4411 S HIGH ST. ENGLEWOOD, CO 80110.

4. 02CW91 (96CW22) (88CW166) (84CW195) (80CW151) (W-403-72) CATAMOUNT DEVELOPMENT, INC., AND LAKE CATAMOUNT NO. 1 METROPOLITAN DISTRICT, C/O CHARLES B. WHITE, PETROS & WHITE, LLC 730 17TH STREET, SUITE 820 DENVER, CO 80202 PHONE: (303) 825-1980. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE PARTIALLY ABSOLUTE (LAKE CATAMOUNT RESERVOIR f/k/a PLEASANT VALLEY RESERVOIR) in ROUTT COUNTY. Name of Structure: LAKE CATAMOUNT RESERVOIR, F/K/A PLEASANT VALLEY RESERVOIR. Description of Conditional Water Right. Date of Original Decree: 11/10/1976, Case No. W- 403-72, DISTRICT COURT, WATER DIVISION NO. 6. PRIOR DILIGENCE DECREES WERE ENTERED FOR THE LAKE CATAMOUNT RESERVOIR IN CASE NO. 96CW22, DATED 12-16-1996, CASE NO. 88CW166, DATED 2-16-1990, CASE NO. 84CW195, DATED 6-13-1985, AND CASE NO. 80CW151, DATED 2-17-1981, ALL IN DISTRICT COURT, WATER DIV. NO. 6. Location: LOCATED ON THE YAMPA RIVER IN SEC. 33, T.5N., R.84W. OF THE 6TH P.M., AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SEC. BEARS SOUTH 38°42' WEST 11076.6 FT.. Source: YAMPA RIVER. Appropriation date: 07/20/1972. Amount of conditional water right: 7,800 ACRE-FT. FOR MUNICIPAL, IRRIGATION, INDUSTRIAL AND COMMERCIAL PURPOSES. THIS WATER RIGHT WAS MADE ABSOLUTE IN THE AMOUNT OF 7800 AF FOR RECREATIONAL PURPOSES IN CASE NO. 88CW166. Uses of conditional water right: RECREATIONAL, MUNICIPAL, IRRIGATION, INDUSTRIAL AND COMMERCIAL. Water right made absolute: IN SEPTEMBER OF 2002, WATER STORED IN THE LAKE CATAMOUNT RESERVOIR PURSUANT TO THE CONDITIONAL WATER RIGHT ADJUDICATED IN CASE NO. W-403-72 WAS APPLIED TO BENEFICIAL USE IN THE AMOUNT OF 6.3 ACRE-FT. FOR IRRIGATION OF THE CATAMOUNT RANCH GOLF COURSE. Evidence of Reasonable Diligence: THE APPLICATION CONTAINS A DETAILED DESCRIPTION OF THE ACTIVITIES PERFORMED DURING THE DILIGENCE PERIOD. Name and Address of Owner of Land on Which Structures Are Located. SAME AS APPLICANTS.

5. 02CW92 MOUNTAINAIR COMPANY, C/O FLINT B. OGLE, DUFFORD, WALDECK, MILBURN & KROHN, L.L.P, 744 HORIZON COURT, SUITE 300, GRAND JUNCTION, CO 81506. APPLICATION FOR WATER STORAGE RIGHT IN ROUTT COUNTY. Name of Structure: MOUNTAINAIR POND. Location: Sec. 16, T3N, R84W, 6th P.M., AT A POINT 3,063 FT. FROM THE NORTH SEC. LINE AND 515 FT. FROM THE EAST SEC. LINE OF SAID SEC. 16. Source: SPRING TRIB. TO LITTLE MORRISON CREEK, A TRIB. TO THE YAMPA RIVER. THE SOURCE SPRING WAS DESIGNATED THE “JOHNSON SATARDALE SPRING” IN CASE NO. 01CW13, WATER DIVISION NO. 6. Date of Appropriation: 05/01/2002. How Appropriation Was Initiated: FORMATION OF INTENT TO APPROPRIATE, CONSTRUCTION OF POND, AND APPLICATION OF WATER TO BENEFICIAL USE. Date Water Applied to Beneficial Use: 06/01/2002. Surface Area and Capacity: Surface area: 0.40 ACRES; Capacity: 3.5 ACRE-FT.. Active/Dead Storage: 3.5 AF / 0 AF. Maximum height of dam: TEN FT.. Length of dam: MAXIMUM LENGTH OF 80 FT.. Amount: 3.5 ACRE-FT., ABSOLUTE. Rate of filling: NATURAL Page 4 of 42 INFLOW TO POND. Proposed Uses: IRRIGATION, LIVESTOCK, FIRE PROTECTION AND WILDLIFE; IF IRRIGATION, TOTAL NUMBER AND LOCATION OF ACRES PROPOSED TO BE IRRIGATED: APPROX. 1 ACRE NEAR A PROPOSED HOME SITE LOCATED IN THE NE1/4SE1/4 OF SEC. 16, TOWNSHIP 3 NORTH, RANGE 84 WEST, 6TH P.M.; IF OTHER, DESCRIBE USE: WATER FROM THIS SOURCE MAY ALSO BE USED FOR LIVESTOCK AND FIRE PROTECTION WATER IN THE SAME AREAS DESCRIBED ABOVE, AND MAY BE USED AT THE POND FOR WILDLIFE WATERING AT THE POND LOCATION. Name(s) and address(es) of owner(s) of land on which structure is located: SAME AS APPLICANT.

6. 02CW93 UNITED STATES OF AMERICA, C/O AMELIA S. WHITING, SPECIAL ASSISTANT U.S. ATTORNEY, ROCKY MOUNTAIN REGIONAL SOLICITOR'S OFFICE, 755 PARFET ST., SUITE 151, LAKEWOOD, CO 80215. APPLICATION FOR STORAGE RIGHTS in JACKSON COUNTY, NORTH PLATTE RIVER, DISTRICT COURT WATER DIVISION 6, COLORADO. Name and location of ponds: DU DUCK RESERVOIR: LOCATED ON PUBLIC LANDS IN THE SW/4 NW/4 AND NW/4 SW/4 OF SEC. 14, NE/4 SE/4 AND SE/4 NE/4 OF SEC. 15, ALL WITHIN T7N R80W, 6TH P.M. THE CENTERPOINT OF THE DAM IS LOCATED 2300 FT. SOUTH OF THE NORTH SEC. LINE AND 750 FT. EAST OF THE WEST SEC. LINE OF SAID SEC. 14. BLAINE'S POND: LOCATED ON PUBLIC LANDS IN THE SW/4 NW/4 AND NW/4 NW/4, SEC. 23, T7N R80W, 6TH P.M. THE CENTER OF THE POND IS LOCATED 1300 FT. SOUTH OF THE NORTH SEC. LINE AND 900 FT. EAST OF THE WEST SEC. LINE. EAST POND: LOCATED ON PUBLIC LANDS IN THE SE/4 NE/4, SEC. 23, AND SW/4 NW/4, SEC. 24, ALL WITHIN T7N R80W, 6TH P.M. THE CENTER OF THE POND IS LOCATED 2350 FT. SOUTH OF THE NORTH SEC. LINE AND 400 FT. WEST OF THE EAST SEC. LINE. MUSHROOM POND: LOCATED ON PUBLIC LANDS IN THE SE/4 NW/4, SW/4 NE/4, NW/4 SE/4, AND NE/4 SW/4 ALL IN SEC. 23, T7N R80W, 6TH P.M. THE CENTER OF THE POND IS LOCATED 2300 FT. NORTH OF THE SOUTH SEC. LINE AND 2650 FT. WEST OF THE EAST SEC. LINE. 18 ISLAND RESERVOIR: LOCATED ON PUBLIC LANDS IN THE SE/4, SEC. 22, AND SW/4, SEC. 23, AND NW/4 NE/4, SEC. 27, ALL WITHIN T7N R80W, 6TH P.M. THE CENTER POINT OF THE DAM IS LOCATED 150 FT. NORTH OF THE SOUTH SEC. LINE AND 2450 FT. EAST OF THE WEST SEC. LINE. WEST RESERVOIR: LOCATED ON PUBLIC LANDS IN THE NW/4, SEC. 27, AND NE/4, SEC. 28, ALL IN T7N R80W, 6TH P.M.. THE CENTERPOINT OF THE DAM IS LOCATED 1300 FT. SOUTH OF THE NORTH SEC. LINE AND 325 FT. WEST OF THE EAST SEC. LINE OF SAID SEC. 28. SMALL POND: LOCATED ON PUBLIC LANDS IN THE SW/4 NE/4, SEC. 27, T7N R80W, 6TH P.M. THE CENTER OF THE POND IS LOCATED 2200 FT. SOUTH OF THE NORTH SEC. LINE AND 1600 FT. WEST OF THE EAST SEC. LINE. DOUGHNUT POND: LOCATED ON PUBLIC LANDS IN THE NE/4 SE/4, SEC. 28, AND NW/4 SW/4, SEC. 27, ALL IN T7N R80W, 6TH P.M. THE CENTER OF THE POND IS LOCATED 2500 FT. NORTH OF THE SOUTH SEC. LINE OF SEC. 27 AND 200 FT. EAST OF THE WEST SEC. LINE OF SEC. 27. MELLON POND: LOCATED ON PUBLIC LANDS IN THE NE/4 SW/4, SE/4 SW/4, NW/4 SE/4, AND SW/4 SE/4, ALL IN SEC. 27, T7N R80W, 6TH P.M. THE CENTER OF THE POND IS LOCATED 1350 FT. NORTH OF THE SOUTH SEC. LINE AND 2100 FT. EAST OF THE WEST SEC. LINE. DU GOOSE RESERVOIR: LOCATED ON PUBLIC LANDS IN THE SE/4 OF SEC. 28, NW/4 SW/4 AND SW/4 SW/4 OF SEC. 27, ALL WITHIN T7N R80W, 6TH P.M. THE CENTER POINT OF THE DAM IS LOCATED 900 FT. NORTH OF THE SOUTH SEC. LINE AND 1,250 FT. WEST OF THE EAST SEC. LINE OF SAID SEC. 28. THESE RESERVOIRS ARE SOMETIMES REFERRED TO IN THIS APPLICATION AS THE “HEBRON PONDS”. Page 5 of 42 DESCRIPTION OF HEBRON PONDS: Name of Pond Surface area to Maximum Length of dam Total capacity high water line height of dam (FT.) of reservoir (acres) (FT.) (AF) DU Duck Res. 9.8 4.0 220 11.4 all active Blaine's Pond 8.4 no dam• no dam• 12.6 all dead East Pond 2.9 no dam• no dam• 5.8 all dead Mushroom Pond 12.8 no dam• no dam• 19.2 all dead 18 Island Res. 158.0 4.0 1,650.0 237.0 all active West Reservoir 89.9 1.0 100.0 75.0 active 15.0 dead

Small Pond 2.5 no dam• no dam• 2.5 all dead Doughnut Pond 6.6 no dam• no dam• 9.9 all dead Mellon Pond 50.0 no dam• no dam• 45.9 all dead DU Goose Res. 44.0 4.0 1,546.0 48.6 all active • Natural depression filled with introduced water. Name, legal description of point of diversion, and capacity of ditches used to fill the Hebron Ponds: LATERAL B: Headgate located in the SE/4 SE/4, SEC. 13, T7N R80W, 6TH P.M., APPROX. TWO MILES DOWNSTREAM FROM THE OUTLET OF MACFARLANE RESERVOIR, WITH A CAPACITY OF 4.0 CFS. Description of how fill from the ditches is accomplished: WATER STORED IN MACFARLANE RESERVOIR PURSUANT TO CONSOLIDATED CASE NOS. 84CW156 AND 84CW157, DISTRICT COURT, WATER DIVISION 6, MAY BE DELIVERED TO THE HEBRON PONDS THROUGH LATERAL B. Sources: SURFACE RUNOFF INTERCEPTED BY THE HEBRON PONDS, INCLUDING SNOWMELT AND PRECIPITATION, ALL TRIB. TO GRIZZLY CREEK, A TRIB. OF THE NORTH PLATTE RIVER. Return flows from irrigated acreage as follows: 1) Return flows from irrigated acreage located in the following legal subdivisions: E/2 E/2, SEC. 23, T7N R80W, 6TH P.M.; S/2 and S/2 N/2, SEC. 24, T7N R80W, 6TH P.M.; N/2, SEC. 25, T7N R80W, 6TH P.M.; E/2 NE/4, SEC. 26, T7N R80W, 6TH P.M.; W/2 W/2 and NE/4 SW/4, SEC. 19, T7N R79W, 6TH P.M.; and NW/4 NW/4, SEC. 30, T7N R79W, 6TH P.M. BLM CAPTURES AND CONTROLS THESE RETURN FLOW FROM THIS IRRIGATED ACREAGE BEFORE IT REACHES ANY LIVE STREAM. THE LANDS DESCRIBED ABOVE ARE IRRIGATED WITH THE FOLLOWING WATER RIGHTS: Structure Name Source Location - Amount Case Number 6TH P.M. Howard Ditch Big Willow NE/4 SW/4, 75 cfs 82 CW 177 Creek §. 12, T6N

Page 6 of 42 R79W MacFarlane Illinois NW/4 NE/4, 40 cfs Civil Action Nos. Extension Ditch River §. 13, T6N 3570/3571 R79W

MacFarlane Big Willow NW/4 6,507 AF Civil Action 2891, Reservoir Creek and NW/4, §. 29, District Court for Illinois River T7N R79W Larimer County, and 82 CW 177 2) Return flows from irrigated acreage within the following legal subdivisions: S/2 and S/2 N/2, SEC. 27, T7N R80W, 6TH P.M.; SE/4, SEC. 28, T7N R80W, 6TH P.M.; NE/4, SEC. 33, T7N R80W, 6TH P.M.; N/2, SEC. 34, T7N R80W, 6TH P.M. BLM CAPTURES AND CONTROLS THESE RETURN FLOW FROM THIS IRRIGATED ACREAGE BEFORE IT REACHES ANY LIVE STREAM. The lands described above are irrigated with the following water rights: Structure Name Source Location - 6TH Amount Case Number P.M. Burke Ditch (BLM Grizzly SE/4 NE/4, SEC. 3.5 cfs Civil Action 54, holds 1/3 ownership) Creek 33, T7N R80W Water District 56 Burke Ditch Grizzly SE/4 NE/4, SEC. 10.0 cfs 88 CW 155 Enlargement (BLM Creek 33, T7N R80W holds ½ ownership)

New Burke Ditch Grizzly SW/4 SW/4, SEC. 12.0 cfs Civil Action 182, (BLM holds 100% Creek 34, T7N R80W Water District 46 ownership) 3) Return flows from irrigated acreage within the following legal subdivisions: SE/4 NE/4, SW/4 NE/4, NW/4 SE/4, and NE/4 SE/4, § 14, T7N R80W, 6TH P.M. BLM CAPTURES AND CONTROLS THESE RETURN FLOW FROM THIS IRRIGATED ACREAGE BEFORE IT REACHES ANY LIVE STREAM. The lands described above are irrigated with the following water rights: Structure Name Source Location - Amount Case Number 6TH P.M. Howard Ditch Big Willow NE/4 SW/4, 75 cfs 82 CW 177 Creek §. 12, T6N R79W

MacFarlane Illinois NW/4 NE/4, 40 cfs Civil Action Nos. Extension Ditch River §. 13, T6N 3570/3571 R79W MacFarlane Big Willow NW/4 6,507 AF Civil Action 2891,

Page 7 of 42 Reservoir Creek and NW/4, §. 29, District Court for Illinois River T7N R79W Larimer County, and 82 CW 177 ILLINOIS RIVER AND BIG WILLOW CREEK, BOTH TRIB. TO THE NORTH PLATTE RIVER, THROUGH RELEASES FROM MACFARLANE RESERVOIR. WATER STORED IN MACFARLANE RESERVOIR PURSUANT TO THE CONDITIONAL WATER RIGHT DECREE IN CONSOLIDATED CASES 84CW156 AND 84CW157 MAY BE DELIVERED TO THE HEBRON PONDS VIA LATERAL B DITCH. Date of appropriation, how initiated, date water put to beneficial use, and amount: Name of Pond Date of How initiated Beneficial use Amount appropriation date (Absolute) • D.U. Duck Res. 01/08/1998 dam constructed 07/01/1998 11.4 AF Blaine's Pond 05/30/1990 capture runoff 05/30/1990 12.6 AF and return flow

East Pond 05/30/1990 capture runoff 05/30/1990 5.8 AF and return flow Mushroom Pond 05/30/1990 capture runoff 05/30/1990 19.2 AF and return flow

18 Island Res. 12/15/1988 dam constructed 04/30/1990 237.0 AF West Reservoir 12/15/1985 dam constructed 04/30/1990 90.0 AF Small Pond 05/30/1990 capture runoff 05/30/1990 2.5 AF and return flow

Doughnut Pond 05/30/1990 capture runoff 05/30/1990 9.9 AF and return flow

Mellon Pond 05/01/1992 capture runoff 05/30/1992 45.9 AF and return flow

DU Goose Res. 02/03/1998 dam constructed 07/01/1998 48.6 AF • APPLICANT SEEKS THE RIGHT TO FILL AND REFILL THE HEBRON PONDS. Use: CREATION AND MAINTENANCE OF WETLAND HABITAT AREAS, INCLUDING THE CREATION AND MAINTENANCE OF FORAGE, COVER, BREEDING AREAS, FEEDING AREAS, AND RESTING AREAS FOR VARIOUS WILDLIFE SPECIES, INCLUDING SHOREBIRDS, WATERFOWL, MAMMALS, AND AMPHIBIANS. Name and address of owner of land on which structures for the water right are located (land where dam is located and land within high water line): BUREAU OF LAND MANAGEMENT, KREMMLING RESOURCE AREA, 2103 E. PARK AVENUE, P.O. BOX 68, KREMMLING, CO 80459. Remarks or any other pertinent information: THE UNITED STATES SEEKS JUNIOR, ABSOLUTE WATER STORAGE RIGHTS FOR TEN PONDS LOCATED WITHIN THE HEBRON SLOUGH WILDLIFE AREA

Page 8 of 42 (“HEBRON”). HEBRON IS A WILDLIFE AREA ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT TO PROVIDE HIGH QUALITY REPRODUCTIVE HABITAT FOR WATERFOWL AND SHOREBIRDS, AND TO IMPROVE HABITAT FOR A VARIETY OF OTHER SPECIES, INCLUDING PRONGHORN ANTELOPE, DEER, AND ELK. THE AREA CONSISTS OF A SERIES OF NATURAL LAKES AND POTHOLES. BLM HAS INCREASED THE SIZE AND DIVERSITY OF THE HABITAT BY INTRODUCING ADDITIONAL WATER TO THE NATURAL DEPRESSIONS, AND BY INCREASING THE SIZE OF SOME OF THE IMPOUNDMENTS WITH DAMS AND DIKES. WHEN IN PRIORITY, BLM STORES NATURAL SNOWMELT AND OTHER RUNOFF FIRST. RETURN FLOWS FROM IRRIGATED ACREAGE ARE THEN INTRODUCED TO THE PONDS. IF NATURAL RUNOFF AND RETURN FLOWS ARE INSUFFICIENT FOR FILLING THE PONDS TO MEET BIOLOGICAL OBJECTIVES, BLM RELIES ON RELEASES FROM MACFARLANE RESERVOIR STORED PURSUANT TO CONSOLIDATED CASE NOS. 84CW156 AND 84CW157, WHICH ARE DELIVERED TO THE PONDS THROUGH LATERAL B.

7. 02CW94 STEAMBOAT LAKE WATER AND SANITATION DISTRICT, C/O CLAIRE E. SOLLARS, KLAUZER & TREMAINE, LLC, 320 LINCOLN AVENUE, 2ND FLOOR, P.O. BOX 774525, STEAMBOAT SPRINGS, CO 80477-4525. (970) 879-5003. APPLICATION FOR UNDERGROUND WATER RIGHTS (CONDITIONAL) in ROUTT COUNTY. Names of Wells: STEAMBOAT LAKE WATER AND SANITATION DISTRICT LOT 124 WELL (“LOT 124 WELL”); STEAMBOAT LAKE WATER AND SANITATION DISTRICT DOUBEK WELL (“DOUBEK WELL”); STEAMBOAT LAKE WATER AND SANITATION DISTRICT LOT 63 WELL (“LOT 63 WELL”). Permit Numbers: LOT 124 WELL: 057907-F; DOUBEK WELL: 242488; LOT 63 WELL: 242489. Legal Description of Wells: LOT 124 WELL: SW ¼ NW ¼ SEC. 10, T9N, R85W OF THE 6TH P.M., ROUTT COUNTY, COLORADO, 2245 FT. SOUTH OF THE NORTH SEC. LINE AND 990 FT. EAST OF THE WEST SEC. LINE OF SAID SEC. DOUBEK WELL: SE ¼ SE ¼ SEC. 4, T9N, R85W OF THE 6TH P.M., ROUTT COUNTY, COLORADO, 450 FT. NORTH OF THE SOUTH SEC. LINE AND 1100 FT. WEST OF THE EAST SEC. LINE OF SAID SEC. LOT 63 WELL: NE ¼ NE ¼ SEC. 9, T9N, R85W OF THE 6TH P.M., ROUTT COUNTY, COLORADO, 810 FT. SOUTH OF THE NORTH SEC. LINE AND 785 FT. WEST OF THE EAST SEC. LINE OF SAID SEC. Source: ALL WELLS: GROUNDWATER TRIB. TO WILLOW CREEK, TRIB. TO ELK RIVER. Depth: LOT 124 WELL: APPROX. 190 FT.; DOUBEK WELL: APPROX. 380 FT.; LOT 63 WELL: APPROX. 160 FT. Date of appropriation: ALL WELLS: 07/01/2002. How appropriation was initiated: ALL WELLS: FIELD REVIEW, SITE LOCATIONS, AND FILING FOR WELL PERMIT APPLICATIONS DURING JULY 2002. Date water applied to beneficial use: N/A. Amount claimed: LOT 124 WELL: 25 GPM (CONDITIONAL); DOUBEK WELL 50 GPM (CONDITIONAL); LOT 63 WELL: 25 GPM (CONDITIONAL). Use or proposed use: APPLICANT PLANS TO USE WATER FROM ALL THE WELLS FOR FIRE PROTECTION, PISCATORIAL, WILDLIFE, LIVESTOCK WATERING, RECREATION, AND GENERAL MUNICIPAL USES WITHIN AND WITHOUT THE STEAMBOAT LAKE WATER AND SANITATION DISTRICT BOUNDARIES IN ROUTT COUNTY, COLORADO. GENERAL MUNICIPAL USES INCLUDE, WITHOUT LIMITATION, IRRIGATION, DOMESTIC, COMMERCIAL, INDUSTRIAL, AND SEWAGE TREATMENT. Name and address of owner of land on which well is located: LOT 124 WELL: CHUCK AND KAREN PARSONS, 1830 RIVERLINE DR., CHESTERTON, IN 46304-1637; DOUBEK WELL: MARTIN R. DOUBEK, 58190 JUPITER PLACE, CLARK, CO 80428; LOT 63 WELL: DARRELL G. AND DONNA R. BENNETT, 1609 NW SPRUCE PLACE, REDMOND, OR 97756-1179.

Page 9 of 42 Remarks: THE PERMITS FOR THE DOUBEK WELL AND LOT 63 WELL PROVIDE THAT THE STRUCTURES ARE TO BE USED FOR MONITORING PURPOSES. APPLICANT WILL BE REQUESTING A WATER WELL PERMIT FOR BOTH STRUCTURES.

8. 02CW95 LORRAINE PAGE ROBINSON, P.O. Box 770502, STEAMBOAT SPRINGS, CO 80477. (970) 879-4932. C/O CLAIRE E. SOLLARS, ESQ., KLAUZER & TREMAINE, LLC, P.O. BOX 774525, STEAMBOAT SPRINGS, CO 80477-4525. 970-879-5003. APPLICATION FOR SURFACE WATER RIGHTS (CONDITIONAL) in ROUTT COUNTY. Name of structures: PAGE SPRING NO. 2; PAGE SPRING NO. 4. Legal description of each point of diversion: PAGE SPRING NO. 2 IS LOCATED IN THE NW4 NE4 OF SEC. 32, T6N, R84W, OF THE 6TH P.M., AT A POINT 460 FT. SOUTH FROM THE NORTH SEC. LINE AND 2450 FT. WEST FROM THE EAST SEC. LINE OF SAID SEC., ROUTT COUNTY, COLORADO. PAGE SPRING NO. 4 IS LOCATED IN THE NW4 NE4 OF SEC. 32, T6N, R84W, OF THE 6TH P.M., AT A POINT 1270 FT. SOUTH FROM THE NORTH SEC. LINE AND 1570 FT. WEST FROM THE EAST SEC. LINE OF SAID SEC., ROUTT COUNTY, COLORADO. Source: AN UNNAMED TRIB. OF YAMPA RIVER. Date of initiation of appropriation: Date of appropriation: 10/18/1999. How appropriation was initiated: BOTH STRUCTURES - FIELD SURVEY, LOCATION OF SPRING SITE, LAND SURVEY. Date water applied to beneficial use: N/A. Amount claimed: PAGE SPRING NO. 2: .02 CFS CONDITIONAL; PAGE SPRING NO. 4: .02 CFS CONDITIONAL. Use or proposed use: BOTH STRUCTURES: IRRIGATION, DOMESTIC, STOCK WATERING, WILDLIFE WATERING. If irrigation, complete the following: Number of acres historically irrigated: N/A; Proposed to be irrigated: APPLICANT INTENDS TO USE THE WATER TO SUPPLEMENT FLOWS FROM OTHER SOURCES TO IRRIGATE APPROX. 4.0 ACRES. Legal description of acreage: THE 4.0 ACRES ARE LOCATED IN THE NW4 NE4 OF SEC. 32, T6N, R84W, OF THE 6TH P.M. If non-irrigation, describe purpose fully. WATER FROM PAGE SPRING NO. 2 AND PAGE SPRING NO. 4 WILL ALSO BE USED FOR THE FOLLOWING PURPOSES: DOMESTIC, STOCK WATERING, WILDLIFE WATERING. Name and address of owner of land on which points of diversion and place of use(s) is (are) located: THE POINTS OF DIVERSION ARE LOCATED ON PROPERTY BELONGING TO CHARLES J. MARIAS, 2630 WALLACE DRIVE, FLOSSMOOR, ILLINOIS, 60422-1245, WHO EXECUTED EASEMENTS THAT PROVIDED APPLICANT ACCESS TO THE MARIAS PROPERTY FOR THE DEVELOPMENT AND USE OF BOTH STRUCTURES. THE WATER WILL BE USED ON LAND OWNED BY APPLICANT. Remarks: PORTIONS OF PAGE SPRING NO. 2 AND PAGE SPRING NO. 4 WILL BE USED TO SUPPLEMENT THE USE OF PAGE SPRING NO. 3 (CASE NO. 99CW70 (CA – 3926)) AND PAGE SPRING NO. 5 (CASE NO. 99CW69).

9. 02CW96 CITY OF FORT COLLINS, ATTENTION: MICHAEL B. SMITH, FORT COLLINS UTILITIES, 700 WOOD STREET, P.O. BOX 580, FORT COLLINS, COLORADO 80521, (303) 221-6700. PLEASE DIRECT CORRESPONDENCE TO: MARY MEAD HAMMOND, ESQ., CARLSON, HAMMOND & PADDOCK, L.L.C., 1700 LINCOLN STREET, SUITE 3900, DENVER, COLORADO 80203-4539, (303) 861-9000. APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE in JACKSON COUNTY. Name of Structure: MICHIGAN DITCH SYSTEM SUPPLEMENT (HEREAFTER THE “DITCH”). Description of the Water Rights: Date of Original Decree: 10/06/1989, DISTRICT COURT, WATER DIVISION NO. 6, CASE NO. 88CW206; PORTIONS MADE ABSOLUTE, DECEMBER 16, 1996, WATER DIVISION NO. 6, CASE NO. 95CW127. Location of Points of Diversion:

Page 10 of 42 AT A POINT ON THE EAST BANK OF AGNES CREEK, A TRIB. OF THE MICHIGAN RIVER, WHENCE THE WEST QUARTER CORNER OF SEC. 14, T6N, R76W OF THE 6TH P.M., BEARS NORTH 40° EAST 860 FT.. AT POINTS ALONG THE REACH OF THE DITCH WHEREBY THE WATERS OF THE SAWTOOTH GULCHES ARE INTERCEPTED AND COLLECTED. THE SAID GULCHES MEANDER AND VARY THEIR CHANNELS DUE TO PHYSICAL CONDITIONS UPSTREAM FROM THE DITCH. THE REACH OF THE DITCH IN WHICH WATERS ARE SO COLLECTED LIES BETWEEN TWO POINTS: (A) A POINT ON THE DITCH WHICH INTERCEPTS ONE OF THE SAWTOOTH GULCHES, WHICH IS LOCATED AT A POINT SOUTH 20°17 ' EAST 10,845.8 FT. FROM THE NORTH 1/4 CORNER OF SEC. 2, T6N, R76W OF THE 6TH P.M., AND (B) A POINT ON THE DITCH WHICH INTERCEPTS ONE OF THE SAWTOOTH GULCHES, WHICH IS LOCATED AT A POINT SOUTH 22° 17 ' EAST 10,845.8 FT. FROM THE NORTH 1/4 CORNER OF SEC. 2, T6N, R76W OF THE 6TH P.M., AT A POINT ON THE EAST BANK OF THE MICHIGAN RIVER FROM WHICH THE SOUTHEAST CORNER OF SEC. 12, T6N, R76W OF THE 6TH P.M. BEARS SOUTH 40°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°57' 09" WEST, 4394.36 FT.; THENCE NORTH 65°13 '00" WEST, 351.98 FT.; THENCE NORTH 48°13'00" WEST 1196.00 FT. TO THE INTERSEC. OF THE DAM CENTER LINE AND OUTLET WORKS. THE CAPACITY OF JOE WRIGHT RESERVOIR IS 7,161 acre FT.. Source of Water: THE SOURCES FOR THE DITCH INCLUDE AGNES CREEK, A TRIB. OF THE MICHIGAN RIVER, WHICH IS IN TURN A TRIB. OF THE NORTH PLATTE RIVER; THE SAWTOOTH GULCHES, ALL OF WHICH ARE TRIBUTARIES OF THE MICHIGAN RIVER; THE MICHIGAN RIVER; AND ALL THE TRIB. WATER FLOWING TOWARDS THE MICHIGAN RIVER BUT INTERCEPTED BY THE DITCH BETWEEN THE POINT OF BEGINNING OF THE DITCH ON THE EAST BANK OF AGNES CREEK TO THE POINT WHERE THE DITCH REACHES CAMERON PASS AND DISCHARGES ITS WATER INTO THE HEADWATERS OF JOE WRIGHT CREEK, A TRIB. OF THE CACHE LA POUDRE RIVER. Date of initiation of appropriation: 06/29/1988. Amount: 146 C.F.S., OF WHICH 101 C.F.S. IS ABSOLUTE AND 45 C.F.S. IS CONDITIONAL. Uses: THE DECREED USES ARE MUNICIPAL, DOMESTIC, IRRIGATION, COMMERCIAL, MANUFACTURING, POWER GENERATION AND COOLING, INDUSTRIAL, MECHANICAL, RECREATION, WASTE WATER TREATMENT; AND REPLACEMENT, EXCHANGE, AUGMENTATION, SUBSTITUTION, AND STORAGE IN AID OF THE FOREGOING PURPOSES; TOGETHER WITH THE RIGHT TO USE, REUSE, AND SUCCESSIVELY USE TO EXTINCTION THE WATER HEREBY CLAIMED AS TRANSMOUNTAIN WATER PURSUANT TO '37-82-106, 15 C.R.S. SAID USES, FOR TRANSMOUNTAIN DIVERSION ARE WITHOUT SEASONAL LIMITATION EXCEPT AS LIMITED BY STIPULATION AND, TO THE EXTENT STORED OR REGULATED OUT OF THE BASIN, ARE FOR FILL AND REFILL, WITHOUT LIMITATION TO ONE ANNUAL FILLING. IN SOME CIRCUMSTANCES, WATER DIVERTED BY THE MICHIGAN DITCH SYSTEM SUPPLEMENT MAY Page 11 of 42 BE DELIVERABLE TO FORT COLLINS BY EXCHANGES EFFECTED WITH AGRICULTURAL AND OTHER WATER USERS IN FORMER WATER DISTRICT 3, THE CACHE LA POUDRE BASIN. Detailed outline of what has been done toward completion of the Appropriation and Application of Water to Beneficial Use as Conditionally Decree, Including Expenditures: FORT COLLINS OPERATES A SINGLE UNIFIED AND INTEGRATED MUNICIPAL WATER SUPPLY SYSTEM OF WHICH THE MICHIGAN DITCH SYSTEM SUPPLEMENT IS A PART. DURING THE DILIGENCE PERIOD, FORT COLLINS HAS CONTINUED TO DIVERT WATER UPON THE SUBJECT WATER RIGHT AND TO DEVELOP ITS INTEGRATED WATER SUPPLY SYSTEM, AND IT HAS CONTINUED ITS EFFORTS TO COMPLETE THE APPROPRIATION OF THE REMAINING CONDITIONALLY DECREED WATER RIGHTS SO THAT THE ENTIRE AMOUNT DECREED MAY BE DIVERTED AND APPLIED TO BENEFICIAL USE. IN FURTHERANCE OF THIS EFFORT, FORT COLLINS HAS PERFORMED MANY ACTIVITIES TO REPAIR, MAINTAIN, AND INCREASE THE EFFICIENCY OF THE STRUCTURES, INCLUDING MONITORING AND IMPROVING THE DITCH BANKS, DITCH ACCESS ROADS, AND THE OPERATING CONTROL GATES AND REPLACING THE MEASUREMENT FLUME AT CAMERON PASS. THE CITY HAS ALSO CONTINUED TO REMOVE SNOW AND DEBRIS FROM THE DITCH EACH SPRING, AND MONITORED AND RECORDED DITCH FLOWS. DURING THE DILIGENCE PERIOD, THE CITY ALSO PERFORMED MAINTENANCE WORK ON THE JOE WRIGHT RESERVOIR, A PRINCIPAL PLACE OF STORAGE FOR THE SUBJECT WATER RIGHTS. THE JOE WRIGHT RESERVOIR ACTIVITIES INCLUDED MAINTENANCE WORK ON THE DAM, OUTLET WORKS, OPERATING GATES AND VALVES. IN ADDITION, THE CITY INSPECTED THE DAM STABILITY AND CONTINUED TO MONITOR FLOWS AND STORAGE LEVELS. IN ADDITION, FORT COLLINS MADE IMPROVEMENTS TO THE OUTLET WORKS AT JOE WRIGHT RESERVOIR IN ORDER TO ALLOW RELEASE OF LOW FLOWS FROM THE STRUCTURE. THE TOTAL COST DURING THE DILIGENCE PERIOD FOR ENGINEERING, CONSTRUCTION, AND MAINTENANCE ACTIVITIES SPECIFICALLY RELATED TO THE MICHIGAN DITCH SYSTEM SUPPLEMENT AND THE JOE WRIGHT RESERVOIR WAS IN EXCESS OF $1,000,000. FORT COLLINS ALSO SPENT SUBSTANTIAL SUMS OF MONEY AND DEVOTED MANY MAN HOURS DURING THE DILIGENCE PERIOD TO EFFECTUATING A LAND EXCHANGE WITH THE UNITED STATES FOREST SERVICE SO AS TO OBTAIN FEE SIMPLE OWNERSHIP OF THE LAND UPON WHICH JOE WRIGHT RESERVOIR IS LOCATED. THIS PROCESS TOOK SEVERAL YEARS AND REQUIRED THE ASSISTANCE OF ENGINEERING CONSULTANTS, ENVIRONMENTAL CONSULTANTS, AND ATTORNEYS. ALSO DURING THE DILIGENCE PERIOD, FORT COLLINS CONTINUED TO PARTICIPATE AS A CONDITION OF ITS PRIOR SPECIAL USE PERMIT FOR THE JOE WRIGHT RESERVOIR, AND OF THE LAND EXCHANGE FOR THE JOE WRIGHT RESERVOIR, IN THE JOINT OPERATIONS PLAN FOR STRUCTURES IN THE CACHE LA POUDRE BASIN. THE JOINT OPERATIONS PLAN CALLS FOR FORT COLLINS AND OTHERS TO COORDINATE CERTAIN WATER OPERATIONS TO PROTECT AND ENHANCE HABITAT CONDITIONS FOR VARIOUS SPECIES. THE TOTAL COST OF THESE ACTIVITIES DURING THE DILIGENCE PERIOD FOR THIS MATTER EXCEEDED $150,000. IN ADDITIONAL TO THE ABOVE ACTIVITIES, FORT COLLINS HAS BEEN DILIGENT IN THE COMPLETION OF ITS MUNICIPAL SUPPLY SYSTEM BY MAINTAINING AND IMPROVING ITS EXISTING SYSTEM, AND FILING STATEMENTS OF OPPOSITION AND PARTICIPATING IN LITIGATION IN SEVERAL CASES. FORT COLLINS RETAINED ENGINEERING CONSULTANTS AND ATTORNEYS TO ASSIST IT AND SPENT APPROX. $100,000 IN THIS OVERALL EFFORT. THE

Page 12 of 42 WORK PERFORMED AND ACTIONS TAKEN BY FORT COLLINS DURING THE DILIGENCE PERIOD DEMONSTRATE ITS CONTINUING INTENT TO DEVELOP THE SUBJECT CONDITIONAL WATER RIGHTS. Names and addresses of owner of land upon which structures are located: THE CITY OF FORT COLLINS IS THE OWNER OF RIGHTS OF WAY UNDER THE LAWS OF THE UNITED STATES AND THE STATE OF COLORADO FOR THE SUBJECT OF THIS APPLICATION. THE OWNERS OF THE UNDERLYING FEE ON WHICH THE DITCH IS LOCATED, SUBJECT TO SAID RIGHTS OF WAY ARE: (FOR LANDS WITHIN THE COLORADO STATE FOREST, BEING DIVERSION POINTS 1, 2, AND 3 AND ALL WATER INTERCEPTED BY THE DITCH EXCEPT THOSE ACCRUING IN THAT PORTION OF SEC. 2, T6N, R76W, 6TH P.M. WHICH IS PART OF THE ROUTT NATIONAL FOREST): STATE OF COLORADO, COLORADO STATE BOARD OF LAND COMMISSIONERS, 1313 SHERMAN STREET, ROOM 620, DENVER, COLORADO 80203. (FOR LANDS IN THAT REACH OF THE DITCH IN THAT PORTION OF SEC. 2, T6N, R76W, 6TH P.M., WHICH IS PART OF THE ROUTT NATIONAL FOREST): UNITED STATES OF AMERICA, C/O UNITED STATES FOREST SERVICE, RED FEATHER RANGER DISTRICT, 1635 BLUE SPRUCE, SUITE101, FORT COLLINS, COLORADO 80524. THE CITY OF FORT COLLINS IS THE OWNER OF THE JOE WRIGHT RESERVOIR AND THE LAND UPON WHICH IT IS LOCATED WHERE WATER DIVERTED ON THE SUBJECT WATER RIGHTS IS STORED. WHEREFORE, FORT COLLINS REQUESTS THE COURT TO ENTER A DECREE: A. DETERMINING THAT FORT COLLINS HAS DEMONSTRATED REASONABLE DILIGENCE IN THE DEVELOPMENT OF THE REMAINING PORTION OF THE CONDITIONAL WATER RIGHTS DECREED IN CASE NOS. 88CW206 AND 95CW127, CONTINUING THAT RIGHT IN GOOD STANDING, AND FIXING A DATE WHEN A FURTHER APPLICATION FOR A FINDING OF REASONABLE DILIGENCE IS REQUIRED; B. CONFIRMING THAT FORT COLLINS MAINTAINS A SINGLE UNIFIED AND INTEGRATED WATER SYSTEM AND THAT DILIGENCE ON ANY FEATURE OF THE DEVELOPMENT OF ALL CONDITIONAL FEATURES OF THE SYSTEM, INCLUDING THE WATER RIGHTS THAT ARE THE SUBJECT OF THIS APPLICATION; AND C. GRANTING SUCH FURTHER RELIEF AS THE COURT DEEMS JUST.

10. 02CW97 ROUTT COUNTY NATIONAL BANCORPORATION, D/B/A FIRST NATIONAL BANK OF STEAMBOAT SPRINGS, 600 SOUTH LINCOLN AVENUE, P.O. BOX 775770, STEAMBOAT SPRINGS, CO 80477 (970) 879-2993, C/O THOMAS R. SHARP, ESQ, SHARP AND STEINKE, LLC, P.O. BOX 774608, STEAMBOAT SPRINGS, CO 80477 (970) 879-7600. APPLICATION FOR WATER RIGHTS (SURFACE) in ROUTT COUNTY. Names of structures: KERST (ELEVATOR SHAFT) SPRING, MACARTHUR (WALL) SPRING, BORDEN (CABIN) SPRING. Legal description of each point of diversion: KERST (ELEVATOR SHAFT) SPRING: SE4 of the SE4, Sec 17, T6N, R84W of the 6th P.M., Routt County, Colorado, at a point 700 ft. N of the S line and 200 ft. W of the E line of said Sec. MACARTHUR (WALL) SPRING: SE4 of the SE4, Sec 17, T6N, R84W of the 6th P.M., Routt County, Colorado, at a point 550 ft. N of the S line and 175 ft. W of the E line of said Sec. BORDEN (CABIN) SPRING: SE4 of the SE4, Sec 17, T6N, R84W of the 6th P.M., Routt County, Colorado, at a point 150 ft. N of the S line and 200 ft. W of the E line of said Sec. Source of water for all springs: SPRINGS, TRIB. TO YAMPA RIVER. Date of initiation of appropriation for all springs: DECEMBER 30, 2002. How appropriation was initiated: FILING APPLICATION FOR WATER RIGHTS SUBSEQUENT TO DEVELOPMENT OF PROPERTY, CONSTRUCTION OF BANK BUILDING AND DISCOVERY OF SPRINGS. Date water applied to beneficial use: N/A. Amount claimed: KERST (ELEVATOR SHAFT) SPRING: 0.033 CFS,

Page 13 of 42 CONDITIONAL, MACARTHUR (WALL) SPRING: 0.033 CFS, CONDITIONAL, BORDEN (CABIN) SPRING: 0.033 CFS, CONDITIONAL. Use or proposed use for all springs: IRRIGATION OF LAWN AND LANDSCAPED AREAS, AND NON-POTABLE COMMERCIAL USES. If irrigation, complete the following: Number of acres historically irrigated: N/A. Number of acres proposed to be irrigated: APPROX 1 TO 2 ACRES. LEGAL DESCRIPTION OF ACREAGE: A TRACT OF LAND OWNED BY APPLICANT IN THE SE4 OF THE SE4, SEC 17, T6N, R84W OF THE 6TH P.M., ROUTT COUNTY, COLORADO, LOCATED AT 600 SOUTH LINCOLN AVENUE, STEAMBOAT SPRINGS, CO. If non-irrigation, describe purpose fully: EXTERIOR NON-POTABLE COMMERCIAL APPLICATIONS INCLUDING WASHING OF PARKING AREAS, SIDEWALKS, BUILDINGS, AND VEHICLES. Name and address of owner of land on which points of diversion and place of use(s) is (are) located: SAME AS APPLICANT.

11. 02CW98 SHEEP MOUNTAIN PARTNERSHIP C/O GRADY ELY, 74475 RCR 129, SLATER, CO 81653 (970) 583-2417; ANN SPARKS AND WILLIAM SPARKS, 639 SODA CREEK DRIVE, EVERGREEN, CO 80439; RUBY POYDACK AND ROBERT POYDACK, 323 DALEY, RAWLINS, WY 82301; JAMES ROBERTS, C/O GRADY ELY, 74475 RCR #129, SLATER, CO 81653; FRANCES MARSH AND CARROL MARSH, BOX 50, SLATER, CO 81653; AND THOMAS R. SHARP, ESQ., P.O. BOX 774608, STEAMBOAT SPRINGS, CO 80477 (970) 879-7600. APPLICATION FOR WATER RIGHT (SURFACE) in ROUTT COUNTY. Name of Structure: BEELER DITCH SUPPLEMENTAL APPROPRIATION NO. 1: Legal description of each point of diversion: THE POINT OF DIVERSION OF THE BEELER DITCH SUPPLEMENTAL APPROPRIATION NO. 1 IS THE HEADGATE OF THE BEELER DITCH, WHICH IS LOCATED AT A POINT ON THE RIGHT OR N BANK OF THE LITTLE SNAKE RIVER IN THE SE4 SW4 OF SEC. 18, T12N, R87W OF THE 6TH P.M., 1,700 FT E OF THE W LINE OF SUCH SEC 18 AND 1,150 FT N OF THE S LINE OF SUCH SEC 18. Source: THE LITTLE SNAKE RIVER. Dates of Appropriation: THE DATE OF APPROPRIATION FOR THE FIRST 3 AND 1/2 CFS OF THE BEELER DITCH SUPPLEMENTAL APPROPRIATION WAS MAY 5, 1937. THE DATE OF APPROPRIATION FOR THE REMAINING 10 CFS OF THE BEELER DITCH SUPPLEMENTAL APPROPRIATION WAS JUNE 8, 1959. THE TOTAL AMOUNT OF WATER CLAIMED BY THIS APPLICATION FOR THE BEELER DITCH SUPPLEMENTAL APPROPRIATION IS 13.5 CFS. THE 5-5- 1937 DATE OF APPROPRIATION FOR THE FIRST 3.5 CFS OF SUCH BEELER DITCH SUPPLEMENTAL APPROPRIATION IS BASED PRIMARILY UPON THE DIVERSION RECORD FOR SUCH DATE CONTAINED IN THE FIELD BOOK OF FRANK D. BAXTER, WATER COMMISSIONER FOR WATER DISTRICT NO. 54, FOR 1937, WHICH SHOWS THE ENTRY OF A TOTAL DIVERSION OF 6.0 CFS FOR THE BEELER DITCH ON SUCH DATE. SINCE THE SENIOR RIGHT WAS FOR 2.5 CFS, THE REMAINING 3.5 CFS DIVERTED ON SUCH DATE WAS PURSUANT TO THE APPROPRIATION FOR WHICH IS HEREIN CLAIMED. THE DATE OF APPROPRIATION FOR THE REMAINING 10.0 CFS OF SUCH BEELER DITCH SUPPLEMENTAL APPROPRIATION IS BASED PRIMARILY ON THE DIVERSION RECORDS FOR THE ENTIRE BEELER DITCH AS CONTAINED IN THE OFFICE OF THE DIVISION ENGINEER, WATER DIVISION NO. 6. How appropriation was initiated: BY DIVERSION OF WATER FROM THE LITTLE SNAKE RIVER INTO THE BEELER DITCH AND THE APPLICATION OF SUCH WATER TO IRRIGATION OF LANDS OF APPLICANTS OR THEIR PREDECESSORS IN TITLE. Dates Water applied to Beneficial Use: THE DATE WHEN THE FIRST 3 AND 1/2 CFS OF THE BEELER DITCH SUPPLEMENTAL APPROPRIATION WAS APPLIED TO BENEFICIAL USE WAS MAY 5, 1937. THE DATE WHEN THE REMAINING 10 CFS OF THE BEELER

Page 14 of 42 DITCH SUPPLEMENTAL APPROPRIATION WAS APPLIED TO BENEFICIAL USE WAS JUNE 8, 1959. THE TOTAL AMOUNT OF WATER CLAIMED BY THIS APPLICATION FOR THE BEELER DITCH SUPPLEMENTAL APPROPRIATION IS 13.5 CFS. THE DATES OF APPLICATION OF THE SUCCESSIVE INCREMENTS OF THE BEELER DITCH SUPPLEMENTAL APPROPRIATION ARE BASED PRIMARILY UPON THE DIVERSION RECORDS FOR THE ENTIRE BEELER DITCH AS CONTAINED IN THE OFFICE OF THE DIVISION ENGINEER, WATER DIVISION NO. 6. Amount claimed: 13.5 CFS, ABSOLUTE. Uses or Proposed Uses: IRRIGATION. IF IRRIGATION USE, COMPLETE THE FOLLOWING: NUMBER OF ACRES HISTORICALLY IRRIGATED: 350; NUMBER OF ACRES PROPOSED TO BE IRRIGATED: N/A. Legal Description of Acreage to be irrigated: THOSE LANDS BELONGING TO THE APPLICANTS LYING IN SEC 18, T12N, R87W OF THE 6TH P.M., AND IN SEC 13 AND 14, T12N, R88W OF THE 6TH P.M., ROUTT COUNTY, COLORADO, AS WELL AS LANDS LYING IN WYOMING IN SEC 18, T12N, R87W OF THE 6TH P.M. If non-irrigation, describe purpose fully: N/A. Name and address of owner of land on which points of diversion and place of uses are located: SHEEP MOUNTAIN PARTNERSHIP, C/O GRADY ELY, 74475 ROUTT COUNTY ROAD 129, SLATER, CO 81653. PLACE OF USES: SAME AS THE LISTING OF APPLICANTS' NAMES AND ADDRESSES. Remarks: THE ORIGINAL DECREE FOR 2.5 CFS OF WATER IN THE BEELER DITCH IS DATED 9-22-1894, APPROPRIATION DATE OF 6-10-1886, DECREE VOLUME I, PAGE 140, IN THE DISTRICT #54 RECORDS (THE "ORIGINAL DECREE"). THE APPLICANTS ARE ALL THE OWNERS OF THE ENLARGEMENT FOR THE BEELER DITCH, A WATER RIGHT ADJUCATED FOR 4.0 CFS ABSOLUTE IN WATER CASE NO. 88CW33, WATER DIVISION NO. 6, ADJUDICATION DATE OF OCTOBER 17, 1988 (THE "ENLARGEMENT RIGHT"). SUCH ENLARGEMENT RIGHT INCORRECTLY STATED THE QUANTITY OF WATER HISTORICALLY DIVERTED IN THE BEELER DITCH ABOVE THE 2.5 CFS IN THE ORIGINAL DECREE, AND ALSO INCORRECTLY STATED THE DATES OF APPROPRIATION OF WATER DIVERTED INTO THE BEELER DITCH IN ADDITION TO THE ORIGINAL DECREE. THIS APPLICATION, IF DECREED AS APPLIED FOR HEREIN, WILL SUBSTITUTE FOR THE ENLARGEMENT RIGHT, AND APPLICANTS AGREE AND REQUEST THAT, IF THE FINAL DECREE FOR THE BEELER DITCH SUPPLEMENTAL APPROPRIATION IS ENTERED AS APPLIED FOR HEREIN, THE COURT ALSO ENTER ITS ORDER OF ABANDONMENT OF THE ENLARGEMENT RIGHT, TO BECOME EFFECTIVE UPON THE FINALITY OF SUCH FINAL DECREE WITHOUT CHANGE AFTER ANY APPEALS.

12. 02CW99 TOWN OF WALDEN, C/O KYLE FLINIAU, MAYOR, P.O. BOX 489, WALDEN, CO 80480 (970) 723-4344 and THOMAS R. SHARP, ESQ., P.O. BOX 774608, STEAMBOAT SPRINGS, CO 80477 (970) 879-7600. APPLICATION FOR WATER RIGHT (SURFACE) in JACKSON COUNTY. Name of Structure: WALDEN WASTEWATER TREATMENT PLANT NO. 1. Legal description of each point of diversion: THE POINT OF DIVERSION OF THE WALDEN WASTEWATER TREATMENT PLANT NO. 1 IS AT A POINT OF DISCHARGE OF TREATED EFFLUENT FROM THE TOWN OF WALDEN WASTEWATER TREATMENT PLANT, SUCH POINT OF DISCHARGE BEING IN THE NW4 NE4 OF SEC 20, T9N, R79W OF THE 6TH P.M., JACKSON COUNTY, COLORADO, 1,400 FT S OF THE N LINE OF SAID SEC 20 AND 2,625 FT W OF THE E LINE OF SAID SEC 20. Source: THE SOURCE OF WATER IS TREATED WASTEWATER DISCHARGES AND RETURN FLOWS FROM THE TOWN OF WALDEN WASTEWATER TREATMENT PLANT, THE SOURCE OF WHICH IS SEWAGE EFFLUENT COLLECTED WITHIN THE SERVICE AREA OF THE TOWN OF WALDEN SEWAGE COLLECTION

Page 15 of 42 SYSTEM, THE SOURCE OF WHICH IS WATER DELIVERED WITHIN THE SERVICE AREA OF THE TOWN OF WALDEN THROUGH THE TOWN OF WALDEN'S MUNICIPAL WATER SUPPLY SYSTEM, THE RAW WATER SOURCES OF WHICH ARE DIRECT FLOW AND SUBSURFACE DIVERSIONS FROM THE MICHIGAN RIVER AND THE MICHIGAN RIVER AQUIFER. Date of Appropriation: DECEMBER 1, 1973. How appropriation was initiated: BY COMPLETION OF CONSTRUCTION OF THE TOWN OF WALDEN WASTEWATER TREATMENT PLANT AND THE FIRST DISCHARGE OF TREATED EFFLUENT THEREFROM. Date Water applied to Beneficial Use: WATER UNDER THIS WATER RIGHT HAS NOT YET BEEN APPLIED TO BENEFICIAL USE. DISCHARGES FROM THE WALDEN WASTEWATER TREATMENT PLANT HAVE BEEN ALLOWED TO FLOW ON AN INTERIM BASIS BACK INTO THE MICHIGAN RIVER. Amount claimed: .75 CFS, CONDITIONAL. Proposed Uses: ALL MUNICIPAL USES, INCLUDING BUT NOT LIMITED TO DOMESTIC, IRRIGATION, COMMERCIAL, INDUSTRIAL, REPLACEMENT OF EVAPORATIVE LOSSES, RECREATION, FISHERY, PISCATORIAL, FIRE PROTECTION, AND WILDLIFE, WITHIN THE TOWN OF WALDEN SERVICE AREA AS IT NOW EXISTS OR AS IT MAY FROM TIME TO TIME BE HEREAFTER EXPANDED, AND FOR AUGMENTATION, REPLACEMENT AND SUBSTITUTION, AND EXCHANGE, INCLUDING CONTRACT EXCHANGES OR WATER TRADES MADE BY MUTUAL AGREEMENT WITH OTHER WATER USERS. WATER DIVERTED BY EXCHANGE MAY FLOW DIRECTLY TO IMMEDIATE USE OR MAY BE STORED FOR LATER RELEASE AND USE. USES ALSO INCLUDE IRRIGATION OF CROP LANDS FOR LAND TREATMENT OF DISCHARGES FROM THE WALDEN WASTEWATER TREATMENT PLANT. If irrigation use, complete the following: Number of acres historically irrigated: NONE. Number of acres proposed to be irrigated: FOR LAWN AND LANDSCAPE IRRIGATION, ANY LAND WITHIN THE TOWN OF WALDEN SERVICE AREA AS NOW EXISTS OR AS IT MAY HEREAFTER BE EXPANDED, THE CURRENT SERVICE AREA BEING APPROX. 800 ACRES. FOR IRRIGATION OF CROP LANDS FOR LAND TREATMENT OF DISCHARGES, THE ACREAGE PROPOSED TO BE IRRIGATED WOULD NOT EXCEED 80 ACRES. Legal Description of Acreage to be irrigated: FOR LAWN AND LANDSCAPE IRRIGATION, ALL LANDS WITHIN THE BOUNDARY OF THE TOWN OF WALDEN AND ITS IMMEDIATELY SURROUNDING SERVICE AREA, JACKSON COUNTY, COLORADO. FOR IRRIGATION OF CROP LANDS FOR LAND TREATMENT OF DISCHARGES, THE ACREAGE PROPOSED TO BE IRRIGATED IS LAND WHICH MAY BE OWNED OR LEASED BY THE TOWN OF WALDEN WITHIN SEC 17, 18, 19, OR 20, T9N, R79W OF THE 6TH P.M. S OF THE MICHIGAN RIVER. If non-irrigation, describe purpose fully: ALL MUNICIPAL USES, INCLUDING BUT NOT LIMITED TO DOMESTIC, IRRIGATION, COMMERCIAL, INDUSTRIAL, REPLACEMENT OF EVAPORATIVE LOSSES, RECREATION, FISHERY, PISCATORIAL, FIRE PROTECTION, AND WILDLIFE, WITHIN THE TOWN OF WALDEN SERVICE AREA AS IT NOW EXISTS OR AS IT MAY FROM TIME TO TIME BE HEREAFTER EXPANDED, AND FOR AUGMENTATION, REPLACEMENT AND SUBSTITUTION, AND EXCHANGE, INCLUDING CONTRACT EXCHANGES OR WATER TRADES MADE BY MUTUAL AGREEMENT WITH OTHER WATER USERS. WATER DIVERTED BY EXCHANGE MAY FLOW DIRECTLY TO IMMEDIATE USE OR MAY BE STORED FOR LATER RELEASE AND USE. Name and address of owner of land on which points of diversion and place of uses are located: POINT OF DIVERSION: TOWN OF WALDEN, C/O KYLE FLINIAU, MAYOR, P.O. BOX 489, WALDEN, CO 80480 (970) 723-4344. PLACE OF USES: ALL OF THE OWNERS OF LAND WITHIN THE TOWN OF WALDEN AND WITHIN ITS SERVICE AREA ADJACENT THERETO, IN ACCORDANCE WITH THE RECORDS OF THE CLERK AND RECORDER'S

Page 16 of 42 OFFICE, JACKSON COUNTY, COLORADO. Remarks: THE WALDEN WASTEWATER TREATMENT PLANT NO. 1 IS INTENDED TO BE ONE OF THE SOURCES OF AUGMENTATION SUPPLY FOR THE HANSEN PARK WELL, AN UNDERGROUND WATER RIGHT FOR WHICH THE APPLICANT HAS MADE SEPARATE APPLICATION CONTEMPORANEOUSLY HEREWITH. APPLICANT OWNS AN INTEGRATED PORTFOLIO AND SYSTEM OF WATER RIGHTS, BOTH ABSOLUTE AND CONDITIONAL, CONSISTING OF AT LEAST THE FOLLOWING WATER RIGHTS: 1. 1.0 CFS IN THE HIHO DITCH, PRIORITY OF 4-1-1885 2. 1.25 CFS IN THE OLD SC DITCH 3. 1.11 CFS FROM THE MIDDLE WELL, PERMIT #45868F 4. .557 CFS FROM THE SOUTH WELL, PERMIT #45867F 5. 6 SHARES IN WALDEN RESERVOIR. APPLICANT HAS FILED APPLICATION TO CHANGE SUCH 6 SHARES TO INCLUDE USES OF AUGMENTATION, REPLACEMENT AND SUBSTITUTION, AND EXCHANGE, IN WATER CASE NO. 02CW100 FILED CONTEMPORANEOUSLY HEREWITH. 6. HANSEN PARK WELL, FOR .33 CFS, APPLICATION PENDING IN WATER CASE NO. 02CW101 FILED CONTEMPORANEOUSLY HEREWITH. WORK DONE ON ANY COMPONENT OF THE PORTFOLIO AND SYSTEM ADVANCES THE WHOLE. THE APPLICANT SEEKS A FINDING AND DECREE OF THIS COURT ACKNOWLEDGING AND CONFIRMING THAT ALL OF THE ABOVE-DESCRIBED WATER RIGHTS AND THE WALDEN WASTEWATER TREATMENT PLANT NO. 1 RIGHT APPLIED FOR IN THIS APPLICATION ARE PART OF AN INTEGRATED PORTFOLIO AND SYSTEM OF WATER RIGHTS FOR MUNICIPAL USE OF A GROWING TOWN, AND THAT WORK FOR DUE DILIGENCE PURPOSES ON ANY COMPONENT OF THE PORTFOLIO AND SYSTEM ADVANCES THE WHOLE AND WILL CONSTITUTE DUE DILIGENCE WORK ON THE ENTIRE PORTFOLIO AND SYSTEM AND ON EACH OTHER PART THEREOF.

13. 02CW100 TOWN OF WALDEN, JACKSON COUNTY, WITHDREW APPLICATION 1-10-03 PRIOR TO THIS PUBLICATION.

14. 02CW101 TOWN OF WALDEN, JACKSON COUNTY WITHDREW APPLICATION 1-10-03 PRIOR TO THIS PUBLICATION.

15. 02CW102 (95CW67) SUSANNE H. AND MICHAEL J. HOLLORAN, P.O. BOX 773600, STEAMBOAT SPRINGS, CO 80477. (970) 879-2410, FAX (970) 879-7022. EMAIL [email protected]. APPLICATION FOR CHANGE OF WATER RIGHT in ROUTT COUNTY. Decreed name of structure for which change is sought: HOLLORAN HWY 131 DITCH (THE “WATER RIGHT”). From previous Decree: Date Entered: 09/24/1996; Case No. 95CW67 Court: WATER COURT, WATER DIV. 6, STATE OF COLORADO. Decreed point of diversion (include map): 1000 FT. NORTH OF THE SEC. LINE AND 50 FT. WEST OF THE SEC. LINE, IN THE NW1/4 NW1/4 OF SEC. 9, T5N, R84W OF THE 6TH P.M., ROUTT COUNTY, CO. Source: UNNAMED TRIB. TO THE YAMPA RIVER. Appropriation Date: 06/01/1950. Amount: 3.0 CFS. Historic use: SEE ABOVE FOR DESCRIPTION. MAP IS ATTACHED. Proposed change: APPLICANT IS REQUESTING A CORRECTION IN THE LEGAL DESCRIPTION OF THE POINT OF DIVERSION FOR THE WATER

Page 17 of 42 RIGHT TO THE FOLLOWING: 1000 FT. SOUTH OF THE NORTH SEC. LINE AND 50 FT. EAST OF THE WEST SEC. LINE, IN THE NW1/4 NW1/4 OF SEC.9, T5N, R84W OF THE 6TH P.M., ROUTT COUNTY, COLORADO. THE APPLICANT IS REQUESTING TWO, ALTERNATE POINTS OF DIVERSION FOR THE WATER RIGHT. 131 ALTERNATE NORTH IS LOCATED 625 FT. SOUTH OF THE NORTH SEC. LINE AND 300 FT. EAST OF THE WEST SEC. LINE, IN THE NW1/4 NW1/4 OF SEC. 9, T5N, R84W OF THE 6TH P.M., ROUTT COUNTY, COLORADO. 131 ALTERNATE SOUTH IS LOCATED AT 950 FT. SOUTH OF THE NORTH SEC. LINE AND 300 FT. EAST OF THE WEST SEC. LINE, IN THE NW1/4 NW1/4 OF SEC. 9, T5N, R84W OF THE 6TH P.M., ROUTT COUNTY, CO. Optional Additional Description: GPS location information in UTM format. Required settings for GPS units are as follows: Format must be UTM; Zone must be 13; Units must be Meters Datum must be NAD27 (CONUS) and: Units must be set to true north. Were points averaged? YES. 131 Alternate North: NORTHING UTM 4474797: EASTING 13T0345320; 131 Alternate South: NORTHING UTM 4474678; EASTING 13T0345305. Name and address of owner(s) of land on which structure is or will be located: THE POINTS OF DIVERSION AND STRUCTURES WILL BE LOCATED ON REAL PROPERTY OWNED BY PAINTED HORSE PROPERTIES, LLC A COLORADO LIMITED LIABILITY COMPANY, P.O. BOX 775505, STEAMBOAT SPRINGS, CO 80477. THE WATER HAS BEEN AND WILL BE PUT TO A BENEFICIAL USE ON APPLICANT’S PROPERTY.

16. 02CW103 BUFFALO PEAK LIMITED PARTNERSHIP, C/O BRUCE WILSON, GENERAL PARTNER, 433 HARRISON STREET, P.O. BOX 40, WALDEN, CO 80480. (970) 723-4047. APPLICATION FOR WATER RIGHTS (SURFACE) in JACKSON COUNTY. Name of structures: BUFFALO PEAK SPRING #1, BUFFALO PEAK SPRING #2, BUFFALO PEAK SPRING #3. Legal descriptions: BUFFALO PEAK SPRING #1 – SW1/4 OF THE NW1/4 OF SEC. 25, T6N, R80W OF THE 6TH P.M., AT A POINT 1841 FT. FROM NORTH SEC. LINE AND 657 FT. FROM WEST SEC. LINE OF SAID SEC.; BUFFALO PEAK SPRING #2 – SE1/4 OF THE NW1/4 OF SEC. 25, T6N, R80W OF THE 6TH P.M., AT A POINT 1325 FT. FROM NORTH SEC. LINE AND 1644 FT. FROM WEST SEC. LINE OF SAID SEC.; BUFFALO PEAK SPRING #3 – SE1/4 OF THE NE1/4 OF SEC. 25, T6N, R80W OF THE 6TH P.M., AT A POINT 1325 FT. FROM NORTH SEC. LINE AND 966 FT. FROM EAST SEC. LINE OF SAID SEC. Source: BIG GRIZZLY CREEK OF THE NORTH PLATTE RIVER. Date of initiation of appropriation: #1 – 12/1956; #2 – 05/1987; #3 – 05/1987. How appropriation was initiated: #1 – SPRING POOLS NATURALLY – RUN CATTLE ON PASTURE; #2 – DUG TO POOL SPRING WATER 2 FT. DEEP AND WITHIN 50 FT. BELOW SPRING SURFACE, RUN CATTLE ON PASTURE; #3 – DUG TO POOL SPRING WATER 5 FT. DEEP AND WITHIN 50 FT. BELOW SPRING SURFACE, RUN CATTLE ON PASTURE. Date water applied to beneficial use: #1 – 12/1956; #2 – 05/1987; #3 – 05/1987. Amount claimed: #1 - .033 CFS ABSOLUTE; #2 - .033 CFS ABSOLUTE; #3 - .5 CFS ABSOLUTE FOR STOCK, WILDLIFE, CONDITIONAL FOR PISCATORIAL. Use or proposed use: #1 & #2 – STOCK, WILDLIFE; #3 – STOCK, WILDLIFE, PISCATORIAL. If non-irrigation, describe purpose fully. #1 – THIS NATURALLY OCCURRING SPRING IS USED TO WATER STOCK AND WILDLIFE. #2 – THIS SPRING IS USED TO WATER STOCK & WILDLIFE. #3 – THIS SPRING IS USED TO WATER STOCK AND WILDLIFE AND WILL BE USED FOR PISCATORIAL PURPOSES. Name and address of owner(s) of the land upon which any structure is or will be located: SAME AS APPLICANT. Remarks: THE APPROPRIATION DATE USED FOR SPRING #2 AND #3 IS THE DATE THE LAND WAS ACQUIRED BY THE PREVIOUS OWNER AND WHO IS THE CURRENT GENERAL PARTNER OF THE BUFFALO

Page 18 of 42 PEAK LIMITED PARTNERSHIP, BRUCE WILSON. THE APPROPRIATION DATE FOR SPRING #1 IS BASED ON THE USGS 1956 TOPOGRAPHICAL MAP FOR THE BUFFALO PEAK QUAD, WHICH DEPICTS THE POND.

17. 02CW104 RICHARD WYATT, P.O. BOX 1052, WALDEN, CO 80480. (970) 723-4471. APPLICATION FOR WATER RIGHTS (SURFACE) in JACKSON COUNTY. Name of structure: SODA SPRING Legal description: SE1/4 OF THE NW1/4 OF SEC. 10, T9N, R81W, OF THE 6TH P.M., AT A POINT 1940 FT. FROM NORTH SEC. LINE AND 1555 FT. FROM WEST SEC. LINE OF SAID SEC. Street Address: JACKSON COUNTY ROAD 12W. Source: TRIB. TO THE NORTH FORK OF THE NORTH PLATTE RIVER. Date of initiation of appropriation: 08/07/2001. How appropriation was initiated: SITE SURVEYED BY NORTH PARK ENGINEERING AND CONSULTING. Amount claimed: .15 CFS CONDITIONAL. Use or proposed use: COMMERCIAL. If non-irrigation, describe purpose fully: BOTTLING AND SALES OF NATURALLY CARBONATED SODA WATER. Name and address of owner(s) of the land upon which any structure is or will be located: SAME AS APPLICANT

18. 02CW105 WYATT REDI MIX, CO., RICHARD AND RODNEY WYATT, P.O. BOX 1052, WALDEN, CO 80480. (970) 723-4471. APPLICATION FOR WATER RIGHTS (SURFACE) in JACKSON COUNTY. Name of structures: SODA SPRING; SHEEP MOUNTAIN SPRING 1; SHEEP MOUNTAIN SPRING 2. Legal description of each point of diversion: SODA SPRING – SE1/4 OF THE NW1/4 OF SEC.10, T9N, R81W OF THE 6TH P.M., AT A POINT 1940 FT. FROM NORTH SEC. LINE AND 1555 FT. FROM WEST SEC. LINE OF SAID SEC. Street Address: JACKSON COUNTY ROAD 12W. SHEEP MOUNTAIN SPRING 1 – SE1/4 OF THE NW1/4 OF SEC. 10, T9N, R81W OF THE 6TH P.M., AT A POINT 2372 FT. FROM NORTH SEC. LINE AND 1893 FT. FROM WEST SEC. LINE OF SAID SEC. Street Address: JACKSON COUNTY ROAD 12W. SHEEP MOUNTAIN SPRING 2 – NE1/4 OF THE SW1/4 OF SEC.10, T9N, R81W OF THE 6TH P.M., AT A POINT 2667 FT. FROM NORTH SEC. LINE AND 1840 FT. FROM WEST SEC. LINE OF SAID SEC. Street Address: JACKSON COUNTY ROAD 12W. Source: ALL STRUCTURES TRIB. TO THE NORTH FORK OF THE NORTH PLATTE RIVER. Date of initiation of appropriation: SODA SPRING – DOMESTIC – 1886; SHEEP MOUNTAIN SPRING 1 – IRRIGATION – 04/23/1902; SHEEP MOUNTAIN SPRING 2 – IRRIGATION – 04/23/1902. How appropriation was initiated: SODA SPRING – DOMESTIC – LINED WITH ROCK TO CONTAIN WATER; SHEEP MOUNTAIN SPRING 1 – IRRIGATION – CONSTRUCTION OF LEGAL TENDER DITCH ENLARGEMENT; SHEEP MOUNTAIN SPRING 2 – IRRIGATION – CONSTRUCTION OF LEGAL TENDER DITCH ENLARGEMENT. Date water applied to beneficial use: SODA SPRING – DOMESTIC – 1886; SHEEP MOUNTAIN SPRING 1 – IRRIGATION – 05/01/1903; SHEEP MOUNTAIN SPRING 2 – IRRIGATION – 05/01/1903. Amount claimed: SODA SPRING – DOMESTIC - .033 CFS ABSOLUTE; SHEEP MOUNTAIN SPRING 1 – IRRIGATION – 1.25 CFS ABSOLUTE; MINING - .9 CFS CONDITIONAL; SHEEP MOUNTAIN SPRING 2 – IRRIGATION - .25 CFS ABSOLUTE; MINING - .14 CFS CONDITIONAL. Use or proposed use: SODA SPRING – DOMESTIC; SHEEP MOUNTAIN SPRING 1 – IRRIGATION & MINING; SHEEP MOUNTAIN SPRING 2 – IRRIGATION, MINING AND DUST CONTROL IN MINE VICINITY. If non-irrigation, describe purpose fully: SODA SPRING – DOMESTIC WATER USE IN CABIN AND THE WATERING OF APPROX. 7500 SQ.FT. OF LAWN AND GARDEN. If irrigation, number of acres historically irrigated: SHEEP MOUNTAIN SPRING 1 and SHEEP MOUNTAIN SPRING 2: ~30 ACRES; Legal description of acreage: SHEEP MOUNTAIN SPRING 1 & 2 - A PORTION OF THE E/2 OF

Page 19 of 42 THE W/2 OF SEC. 10 NEAR THE CENTER OF THE SEC., T9N, R81W, OF THE 6TH P.M. (SEE MAP). If non-irrigation, describe purpose fully: SHEEP MOUNTAIN SPRING 1 - MINING OF RIPRAP SIZE ROCK – SETTLE DUST AT THE MINING OPERATION AND DUST CONTROL ON ROADS IN THE VICINITY OF MINES. If non-irrigation, describe purpose fully: SHEEP MOUNTAIN SPRING 2 – MINING OF RIPRAP SIZE ROCK – SETTLE DUST AT THE MINING OPERATION. Name and address of owner(s) of the land upon which any structure is or will be located: SAME AS APPLICANT. Remarks: DATES FOR APPROPRIATION AND BENEFICIAL USE FOR SODA SPRING ARE BASED ON THE DATE THE PROPERTY WAS HOMESTEADED; 5 YEARS PRIOR TO THE HOMESTEAD CERTIFICATE WHICH WAS ISSUED 6/29/1891. LEGAL TENDER DITCH IS USED TO CONVEY AND SPREAD APPLICANT’S SPRING WATER FOR IRRIGATION – APPLICANT OWNS NO WATER UNDER THE LEGAL TENDER DECREES.

19. 02CW106 COLORADO RIVER WATER CONSERVATION DISTRICT AND ITS COLORADO RIVER WATER PROJECTS ENTERPRISE (THE “APPLICANT”), ATTN: SECRETARY/GENERAL MANAGER, 201 CENTENNIAL STREET, SUITE 200, P. O. BOX 1120, GLENWOOD SPRINGS, CO 81602, TELEPHONE: (970) 945-8522. PLEASE DIRECT ALL PLEADINGS AND CORRESPONDENCE IN THIS MATTER TO PETER C. FLEMING, GENERAL COUNSEL FOR THE APPLICANT, AT THE FOREGOING ADDRESS. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT AND FOR CONDITIONAL DIRECT FLOW WATER RIGHT, in ROUTT AND MOFFAT COUNTIES. Introduction. The Colorado River Water Conservation District (“River District”) is a political subdivision of the State of Colorado, created by the Colorado General Assembly in 1937. The River District’s boundaries encompass all or part of 15 Colorado counties on the western slope of the Continental Divide within the drainage basin of the Colorado River and its principal tributaries: the Gunnison River, the White River, and the Yampa River. The General Assembly granted the River District broad powers to conserve, develop, and protect the waters of the Colorado River to which Colorado is entitled pursuant to interstate compact. In addition, the River District is charged with promoting the growth, development, and welfare of the entire district and its inhabitants, and is specifically granted the power to perform all acts and things necessary or advisable to secure and ensure an adequate supply of water for beneficial use within its boundaries. This application seeks confirmation of a conditional water storage right for the Elkhead Creek Reservoir Enlargement Project. The application also seeks the confirmation of a conditional direct flow water right for hydro-power production. Elkhead Creek Reservoir is an existing reservoir with a current storage capacity of approx. 13,800 acre ft.. The existing reservoir is owned by the City of Craig. The Colorado River Water Projects Enterprise and the City of Craig entered an Intergovernmental Agreement (“IGA”) effective February 1, 2002, concerning the enlargement of Elkhead Creek Reservoir. The IGA contemplates that the Applicant will file this application to a secure the appropriate water rights for the reservoir enlargement project. The enlargement will increase the storage capacity of the existing reservoir by approx. 13,000 acre ft., for a total capacity of 26,800 acre ft.. The application seeks a decree confirming the appropriation of a water storage right for the enlargement only. This application does not concern the water rights presently decreed for storage at the existing Elkhead Creek Reservoir. Those existing water storage rights may continue to be exercised as decreed. Water Storage Right. NAME OF STRUCTURE: Elkhead Creek Reservoir Enlargement. LEGAL DESCRIPTION: The dam will be located approx. where the South quarter of Sec. 16, T7N, R89W of the 6th P.M. bears South 34°47'13" East, 869.37 ft.. SOURCE: Elkhead Creek and its tributaries; trib. to the Yampa River. DATE OF APPROPRIATION: 10/16/2002. HOW APPROPRIATION WAS INITIATED: Conditional water storage right was initiated by the formation of the

Page 20 of 42 intent to appropriate water, by formal resolution of the Applicant, by purchase of real property and recordation of deeds, by field surveys, by participation in public meetings and by other acts in furtherance of the appropriation. DATE WATER APPLIED TO BENEFICIAL USE: N/A. AMOUNT CLAIMED: 13,000 acre ft., conditional, with the right to fill and refill when in priority. Use: All beneficial uses including municipal, commercial, industrial, domestic, irrigation, livestock, hydro-power production, evaporation, augmentation, exchange, replacement, power generation and cooling, wastewater treatment, piscatorial and recreational (including in-reservoir and in-river fish habitat and river flow maintenance and enhancement uses, and uses in furtherance of the Upper Colorado River Basin Fishes Recovery Program) with the right to reuse and successively use the water to extinction. It is not possible to name all of the owners of land upon which water released from the Elkhead Creek Reservoir Enlargement may be put to beneficial use. SURFACE AREA OF HIGH WATER LINE: Approx. 760 acres. MAXIMUM HEIGHT OF DAM: The dam crest will be at an elevation of approx. 6,403 ft. mean sea level. The height of the dam will be approx. 110 ft.. LENGTH OF DAM IN FT.: Approx. 1,400 ft.. TOTAL CAPACITY OF RESERVOIR: Approx. 26,800 acre ft.. NAME AND ADDRESS OF OWNERS OF LAND UPON WHICH STRUCTURES AND RESERVOIR WILL BE LOCATED: The Elkhead Creek Reservoir Enlargement Dam and Reservoir will be located on and will inundate property owned by the following: City of Craig, 300 West 4th Street, Craig, CO 81625; Lewis Newton Day and Vickie J. Day, 46655 RCR 76, Hayden, CO 81639; Stanton W. Greenwood, Jr. and Ruth Anne Greenwood, 5501 CR 29, Craig, CO 81625; Lonnie A. Kawcak and Lorraine M. Kawcak, 1960 Yampa, Craig, CO 81625; Patricia M. Turner, 6672 CR 29, Craig, CO 81625; Colorado State Board of Land Commissioners, 1313 Sherman Street, Denver, CO 80203; and Donald D. Zulian and Beverly J. Zulian, 5712 CR 29, Craig, CO 81625. It is not possible to name all of the owners of land upon which water released from the Elkhead Creek Reservoir Enlargement may be put to beneficial use. Direct Flow Water Right. NAME OF STRUCTURE: Elkhead Creek Reservoir Enlargement Direct Flow Power Right. LEGAL DESCRIPTION: The point of diversion will be at the dam of the Elkhead Creek Reservoir Enlargement; located approx. where the South quarter of Sec. 16, T7N, R89W of the 6th P.M. bears South 34 47'13" East, 869.37 ft.. SOURCE: Elkhead Creek and its tributaries; trib. to the Yampa River. DATE OF APPROPRIATION: 10/16/2002. HOW APPROPRIATION WAS INITIATED: Conditional direct flow water right was initiated by the formation of the intent to appropriate water, by formal resolution of the Applicant, by purchase of real property and recordation of deeds, by field surveys, by participation in public meetings and by other acts in furtherance of the appropriation. DATE WATER APPLIED TO BENEFICIAL USE: N/A. AMOUNT CLAIMED: 200 cfs, conditional. USE: Hydro- power production. NAME AND ADDRESS OF OWNERS OF LAND UPON WHICH STRUCTURES WILL BE LOCATED: The Elkhead Creek Reservoir Enlargement Direct Flow Power Right will be located and used on property owned by the following: City of Craig, 300 West 4th Street, Craig, CO 81625; and Colorado State Board of Land Commissioners, 1313 Sherman Street, Denver, CO 80203. The Applicant has appropriated the conditional water storage right and conditional direct flow water right described above and has exercised reasonable diligence in the completion of the appropriation of such rights. The Applicant can and will divert, store or otherwise capture, possess and control the claimed water rights and will beneficially use such water. The water rights can and will be completed with diligence and within a reasonable time. No injury to vested water rights will occur by the exercise of the claimed water rights. The water rights claimed herein and the existing Elkhead Creek Reservoir constitute an integrated water supply and distribution system. (7 pages)

20. 02CW107 SIDNEY PEAK RANCH LTD. LIABILITY CO., 32405 RCR 14, STEAMBOAT SPRINGS, CO 80487, (970) 870-9094. DIRECT ALL PLEADINGS TO: STEVEN J. BUSHONG, PORZAK

Page 21 of 42 BROWNING & BUSHONG LLP, 929 PEARL STREET, SUITE 300, BOULDER, CO 80302, (303) 443- 6800. APPLICATION FOR WATER STORAGE RIGHTS AND APPROPRIATIVE RIGHTS OF EXCHANGE in ROUTT COUNTY, COLORADO. NAME OF RESERVOIR: Brumback Pond. LEGAL DESCRIPTION OF RESERVOIR AND DAM: Brumback Pond. The Brumback Pond (the “Pond”) is a lined structure located off channel, in the SE 1/4 of the NW 1/4 of Sec. 19, T5N, R84W of the 6th P.M. The embankment of the Pond is located in the SE 1/4 of the NW 1/4 of Sec. 19 at a point approx. 2,200 ft. from the North line and 1,700 ft. from the West line of said Sec. 19, extending approx. 400 ft. in a southeasterly direction. A structure location map is attached to this application. LEGAL DESCRIPTION OF STRUCTURE USED TO FILL THE POND: The Brumback Pond is filled by water diverted from Oak Creek via the Brumback Ditch at a point in the SW 1/4 of the SW 1/4 of Sec. 24, T5N, R85W of the 6th P.M. approx. 400 ft. from the South line and 1,100 ft. from the West line of said Sec. 24. Water diverted at the Brumback Ditch headgate is carried in the ditch in an easterly direction, approx. 9,000 ft. before entering the Pond. Inflow from the Sidney Peak Trail drainage which is a small intermittent trib. to the Brumback Pond. SOURCE. The source of water for the Pond is Oak Creek, trib. to the Yampa River and a small watershed known locally as the Sidney Peak Trail drainage, a trib. to Oak Creek. DATE OF APPROPRIATION: Brumback Pond. DATE OF INITIATION OF APPROPRIATION: 10/01/2000. HOW APPROPRIATION WAS INITIATED: Formation of requisite intent coupled with actions manifesting such an intent sufficient to put third parties on notice, including construction of the Pond and the diversion of water to storage. DATE WATER FIRST APPLIED TO BENEFICIAL USE: 10/01/2000. AMOUNT CLAIMED: Brumback Pond: 22.5 acre-ft. (absolute for certain uses and conditional for other uses, as described below) with the right to continuously divert water for freshening flows, to maintain storage levels, and to fill and re-fill the Pond, at a maximum diversion rate of 5.0 cfs of which 2.5 cfs is claimed absolute and 2.5 cfs conditional. PROPOSED USES: Brumback Pond: Absolute for recreational, aesthetic, piscatorial, wildlife, storage and evaporation. Conditional for augmentation, replacement of historic return flows, irrigation, domestic, commercial, stock watering, fire protection, equestrian. Irrigation will occur in Sec.s 17, 18, 19, 20 and 30, T5N, R84W and Sec.s 13, 24 and 25, T5N, R85W, all in Routt County, Colorado. RESERVOIR AND DAM SPECIFICATIONS: SURFACE AREA OF HIGH WATER LINE: approx. 3.5 acres. HEIGHT AND LENGTH OF DAM: Maximum height is approx. 9.9 ft.; Length is approx. 400 ft.. ACTIVE CAPACITY/DEAD STORAGE: The active capacity of the Brumback Pond is estimated to be 17.5 acre-ft.. Approx. an additional 5 acre-ft. of dead storage is excavated below the outlet of the Pond, which may be released by pumping. NAME OF OWNER OF LAND UPON WHICH STRUCTURES ARE LOCATED: Same as applicant. APPLICATION FOR APPROPRIATIVE RIGHTS OF EXCHANGE PLAN FOR EXCHANGE: By decree of the Water Court, Water Division No. 6, in Case No. 00CW22, dated 04/03/2002, Applicant’s water supply for a proposed development was approved which included as direct sources of water and/or as sources of augmentation, historic depletion credits associated with Applicant’s interest in the Suttle Ditch, contract releases from Stagecoach Reservoir, and releases from existing and future storage facilities on Oak Creek. In addition to storage in priority in Brumback Pond, Applicant seeks to exchange to Brumback Pond, the aforementioned historic depletion credits associated with the Suttle Ditch as adjudicated in Case No. 00CW22 and contract releases from Stagecoach Reservoir. EXCHANGE REACHES: The exchange reaches will be as follows: From the diversion point of the Suttle Ditch on the Yampa River, downstream to the confluence with Oak Creek, then up Oak Creek to the diversion point for the Brumback Pond, as set forth in paragraph 4. The decreed point of diversion for the Suttle Ditch is on the West bank of the Yampa River on the SE 1/4 of the SE1/4 of Sec. 21, T5N, R84W of the 6th P.M. in Routt County. From the Stagecoach Reservoir, located on the Yampa River in the SW 1/4 of the SE 1/4 of Sec. 29, T4N, R84W, of the

Page 22 of 42 6th P.M., downstream to the confluence with Oak Creek, then up Oak Creek to the diversion point for the Brumback Pond, as set forth in paragraph 4. MAXIMUM RATE OF EXCHANGE. The maximum rate of each requested exchange shall be 5.0 cfs, conditional. USES: Water exchanged to the Brumback Pond shall be used as described at paragraph 8(A) above. APPROPRIATION DATE OF EXCHANGES: DATE OF INITIATION OF APPROPRIATION: For each exchange, the date the appropriation was initiated is 12/31/2001. HOW APPROPRIATION WAS INITIATED: Formation of requisite intent coupled with actions manifesting such intent sufficient to put third parties on notice, including the filing of this Water Court application. WHEREFORE, Applicant requests this Court enter a decree which: A. Approves the absolute water rights and grants the conditional water rights set forth above; B. Grants the appropriative rights of exchange set forth above; and C. Grants Applicant such other relief as the Court deems just and proper.

21. 02CW108 UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE, P.O. BOX 25486, DENVER, CO 80225. PHONE NO. (303) 236-5321. APPLICATION FOR WATER STORAGE RIGHT in JACKSON COUNTY. NAME OF RESERVOIR: North Brocker Pond, Home Pond, Birdie Pond, Eagle Pond, Solberg Pond, Antelope Pond, Buddy’s Pond, Eisemann Pond, Goose Pond, Living Room Pond, Marsh Pond, Patten Pond, Prairie Dog Pond, Rat Ditch Pond, North Roadside Pond, South Roadside Pond, Abraham Pond, Diversion Pond, Old Road Pond, #125 Pond, #76 Pond, Alkali Pond, Avocet Pond, Bluebill Pond, Brewers Pond, Bulrush Pond, Middle Case Contour, North Case Contour, South Case Contour, Case #2 Annex Pond, Cattail Pond, Elk Pond, Greasewood Pond, Headwaters Pond, Horseshoe Pond, Kitchen Pond, North Tour Route Pond, Potter Creek Pond, Bilbeisi Pond, South Tour Route Pond, Varney Pond, Wilson’s Pond, 403 Pond, 404 Pond, Follett Pond, Hampton #1 Pond, Hampton #2 Pond, Hampton #3 Pond, Rizor Pond, Smith Pond, Germ Pond, North Hackley Pond, South Hackley Pond, Rodriquez Pond, Ross Pond, Middle Allard Contour, North Allard Contour, South Allard Contour, Anderson Contour, Anderson Drain, Coyote Pond, Fisherman’s Parking Pond, Pothole Pond, North Allard Pond, South Allard Pond, North McCammon Pond, South McCammon Pond, Willford Pond, North School Pond, South School Pond, Graf Pond, Schroeder Pond, Willett Pond. LEGAL DESCRIPTION OF LOCATION OF DAM: If off-channel reservoir, name and capacity of ditch of ditches used to fill reservoir, and legal description of each point of diversion: North Brocker Pond: NE 1/4 of the NE 1/4 of Sec. 4, T8N, R79W of the 6th P.M. at a point 610 ft. from east sec. line and 1,200 ft. from north sec. line of said sec. Name of ditch(es) and capacity: Boyce Brothers; total 29.75 cfs decreed absolute. Point of diversion for ditch is NW¼ SW¼ Sec. 10, T8N, R79W. Home Pond: SW 1/4 of the NE 1/4 of Sec. 33, T9N, R79W of the 6th P.M. at a point 1,480 ft. from north sec. line and 1,370 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Home Ditch #1; total 8 cfs decreed absolute. Point of diversion for ditch is NW SW Sec. 34, T9N, R79W. Birdie Pond: SW 1/4 of the SW 1/4 Sec. 20, T8N, R79W of the 6th P.M. at a point 900 ft. from west sec. line and 1,100 ft. from south sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for ditch is SE SE Sec. 29, T8N, R79W. Eagle Pond: NW 1/4 of the SW 1/4 Sec. 20, T8N, R79W of the 6th P.M. at a point 440 ft. from west sec. line and 2,600 ft. from south sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2; total 103 cfs decreed absolute. Point of diversion for ditch is SE SE Sec. 29, T8N, R79W. Solberg Pond: SW 1/4 of the SW 1/4 Sec. 20, T8N, R79W of the 6th P.M. at a point 190 ft. from south sec. line and 750 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for ditch is SE SE Sec. 29, T8N, R79W.

Page 23 of 42 Antelope Pond: NW1/4 of the SW ¼ Sec. 7, T8N, R79W of the 6th P.M. at a point 1,180 ft. from west sec. line and 2,410 ft. from south sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Buddy’s Pond: SW 1/4 of the SE 1/4 of Sec.13, T8N, R80W of the 6th P.M. at a point 710 ft. from south sec. line and 2,510 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Eisemann Pond: NW 1/4 of the SE ¼ of Sec. 18, T8N, R79W of the 6th P.M. at a point 1,450 ft. from south sec. line and 1,870 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Goose Pond: NE 1/4 of the SE 1/4 of Sec. 13, T8N, R80W of the 6th P.M. at a point 2,400 ft. from south sec. line and 1,400 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Living Room Pond: NE 1/4 of the SW 1/4 of Sec.13, T8N, R80W of the 6th P.M. at a point 1,750 ft. from south sec. line and 2,290 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Marsh Pond: NE 1/4 of the SE 1/4 Sec. 13, T8N, R80W of the 6th P.M. at a point 2,210 ft. from south sec. line and 180 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Patten Pond: SW 1/4 of the SE 1/4 Sec. 18, T8N, R79W of the 6th P.M. at a point 550 ft. from south sec. line and 1,640 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Prairie Dog Pond: SE 1/4 of the NW 1/4 of Sec. 18, T8N, R79W of the 6th P.M. at a point 2,130 ft. from north sec. line and 1,420 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Rat Ditch Pond: SW 1/4 of the NW 1/4 of Sec. 20, T8N, R79W of the 6th P.M. at a point 2,230 ft. from north sec. line and 1,140 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. North Roadside Pond: SE 1/4 of the SE 1/4 Sec. 12, T8N, R80W of the 6th P.M. at a point 110 ft. from south sec. line and 1,060 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. South Roadside Pond: NW 1/4 of the NE 1/4 of Sec.13, T8N, R80W of the 6th P.M. at a point 1,100 ft. from north sec. line and 1,100 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Abraham Pond: SW 1/4 of the NE 1/4 Sec. 20, T8N, R79W of the 6th P.M. at a point 2,330 ft. from north sec. line and 1,930 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Diversion Pond: County Jackson NW 1/4 of the SE 1/4 Sec. 20, T8N, R79W of the 6th P.M. at a point 1,990 ft. from south sec. line and 1,920 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Old Road Pond: NW 1/4 of the NW 1/4 Sec. 20, T8N, R79W of the 6th P.M. at a point 1,300 ft. from north sec. line and 1,300 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 Ditch is SE SE Sec. 29, T8N, R79W. Page 24 of 42 #125 Pond: NE1/4 of the SE1/4 of Sec. 19, T8N, R79W of the 6th P.M. at a point 2,260 ft. from north sec. line and 1,360 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4; total 2 cfs decreed absolute, 2 cfs decreed absolute to USA. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. #76 Pond: SW 1/4 of the SE 1/4 of Sec. 12, T8N, R80W of the 6th P.M. at a point 770 ft. from south sec. line and 1,860 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch # 4; total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Alkali Pond: SE1/4 of the NE1/4 of Sec. 11, T8N, R80W of the 6th P.M. at a point 2,280 ft. from north sec. line and 130 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4; total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Avocet Pond: NE 1/4 of the SE 1/4 of Sec. 11, T8N, R80W of the 6th P.M. at a point 2,140 ft. from south sec. line and 1,170 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Bluebill Pond: NW 1/4 of the SE1/4 of Sec. 14, T8N, R80W of the 6th P.M. at a point 1,590 ft. from south sec. line and 2,530 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4; total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Brewers Pond: SW1/4 of the NW 1/4 of Sec. 14, T8N, R80W of the 6th P.M. at a point 1,590 ft. from north sec. line and 2,010 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4; total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Bulrush Pond: NE1/4 of the SW1/4 of Sec. 12, T8N, R80W of the 6th P.M., at a point 2,320 ft. from south sec. line and 2,150 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Middle Case Contour: SW1/4 of the NW1/4 of Sec. 13, T8N, R80W of the 6th P.M., at a point 1,490 ft. from north sec. line and 750 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute, 2 cfs decreed absolute to USA. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. North Case Contour: NW1/4 of the NW1/4 of Sec. 13, T8N, R80W of the 6th P.M., at a point 1,120 ft. from north sec. line and 980 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W South Case Contour: SW1/4 of the NW1/4 of Sec. 13, T8N, R80W of the 6th P.M. at a point 1,820 ft. from north sec. line and 780 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Case #2 Annex Pond: NW 1/4 of the NW 1/4 of Sec. 13, T8N, R80W of the 6th P.M., at a point 830 ft. from north sec. line and 500 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Cattail Pond: SE 1/4 of the SE1/4 of Sec. 12, T8N, R80W of the 6th P.M., at a point 1,230 ft. from south sec. line and 510 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Elk Pond: NW1/4 of the SW1/4 of Sec. 13, T8N, R80W of the 6th P.M., at a point 2,380 ft. from south sec. line and 1,120 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Greasewood Pond: NW 1/4 of the SE1/4 of Sec.12, T8N, R80W of the 6th P.M., at a point 1,340 ft. from south sec. line and 2,680 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Page 25 of 42 Headwaters Pond: NE 1/4 of the SW1/4 of Sec. 24, T8N, R80W of the 6th P.M., at a point 2,370 ft. from south sec. line and 1,010 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Horseshoe Pond: SE1/4 of the NE1/4 of Sec. 15, T8N, R80W of the 6th P.M., at a point 1,860 ft. from north sec. line and 1,220 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Kitchen Pond: SE 1/4 of the SW1/4 of Sec. 13, T8N, R80W of the 6th P.M., at a point 990 ft. from south sec. line and 2,120 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. North Tour Route Pond: SE1/4 of the NE 1/4 of Sec. 14, T8N, R80W of the 6th P.M., at a point 1,870 ft. from north sec. line and 555 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Potter Creek Pond: NE 1/4 of the SE 1/4 of Sec. 12, T8N, R80W of the 6th P.M., at a point 2,560 ft. from north sec. line and 120 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4; total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Bilbeisi Pond: NE 1/4 of the NW 1/4 of Sec. 5, T8N, R79W of the 6th P.M., at a point 300 ft. from north sec. line and 2,630 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4; total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. South Tour Route Pond: SE 1/4 of the NE 1/4 of Sec. 14, T8N, R80W of 6th P.M., at a point 2,310 ft. from north sec. line and 865 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4, total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Varney Pond: SW 1/4 of the NE 1/4 of Sec. 19, T8N, R79W of the 6th P.M., at a point 1,750 ft. from north sec. line and 1,830 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4; total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. Wilson’s Pond: SW 1/4 of the SW 1/4 of Sec. 11, T8N, R80W of the 6th P.M., at a point 285 ft. from south sec. line and 1,150 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #4; total 2 cfs decreed absolute. Point of diversion for ditch is SW NW Sec. 24, T8N, R80W. 403 Pond: NE 1/4 of the SE 1/4 of Sec. 18, T8N, R79W of the 6th P.M., at a point 2,530 ft. from south sec. line and 2,080 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 is SE SE Sec. 29, T8N, R79W. 404 Pond: NW 1/4 of the NE 1/4 of Sec. 18, T8N, R79W at a point 1,250 ft. from north sec. line and 2,200 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 is SE SE Sec. 29, T8N, R79W. Follett Pond: NE 1/4 of the NW 1/4 of Sec. 20, T8N, R79W of the 6th P.M., at a point 1,280 ft. from north sec. line and 2,370 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 is SE SE Sec. 29, T8N, R79W. Hampton #1 Pond: SW 1/4 of the SW 1/4 of Sec. 4, T8N, R79W of the 6th P.M., at a point 905 ft. from south sec. line and 320 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 is SE SE Sec. 29, T8N, R79W. Hampton #2 Pond: SE 1/4 of the SE 1/4 of Sec. 5, T8N, R79W of the 6th P.M., at a point 1,320 ft. from south sec. line and 510 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 is SE SE Sec. 29, T8N, R79W.

Page 26 of 42 Hampton #3 Pond: NW 1/4 of the SE 1/4 of Sec. 5, T8N, R79W of the 6th P.M., at a point 1,930 ft. from south sec. line and 2,050 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 is SE SE Sec. 29, T8N, R79W. Rizor Pond: SW1/4 of the NE 1/4 of Sec. 20, T8N, R79W of the 6th P.M., at a point 1,510 ft. from north sec. line and 2,020 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 is SE SE Sec. 29, T8N, R79W. Smith Pond: SE1/4 of the NE 1/4 of Sec. 20, T8N, R79W of the 6th P.M., at a point 1,790 ft. from north sec. line and 615 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Hubbard Ditch #2, total 103 cfs decreed absolute. Point of diversion for Hubbard #2 is SE SE Sec. 29, T8N, R79W. Germ Pond: SW1/4 of the NE 1/4 of Sec. 12, T7N, R80W of the 6th P.M., at a point 2,240 ft. from north sec. line and 2,430 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Midland-Hackley Ditch Extension: total 20.5 cfs decreed absolute. Point of diversion for Midland Ditch is NE SW Sec. 1, T6N, R79W. North Hackley Pond: SE 1/4 of the SE 1/4 of Sec. 12, T7N, R80W of the 6th P.M., at a point 1,190 ft. from south sec. line and 980 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Midland Ditch; total 204.5 cfs decreed absolute. Point of diversion for Midland Ditch is NE SW Sec. 1, T6N, R79W. South Hackley Pond: SE1/4 of the SE1/4 Sec. 12, T7N, R80W of the 6th P.M., at a point 570 ft. from south sec. line and 965 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Midland Ditch; total 204.5 cfs decreed absolute. Point of diversion for Midland Ditch is NE SW Sec. 1, T6N, R79W. Rodriquez Pond: NE1/4 of the NW 1/4 of Sec. 12, T7N, R80W of the 6th P.M., at a point 980 ft. from north sec. line and 2,000 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Midland Ditch; total 204.5 cfs decreed absolute. Point of diversion for Midland Ditch is NE SW Sec. 1, T6N, R79W. Ross Pond: SE 1/4 of the NE 1/4 of Sec. 1, T7N, R80W of the 6th P.M., at a point 2,380 ft. from north sec. line and 1,330 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Midland Ditch; total 204.5 cfs decreed absolute. Point of diversion for Midland Ditch is NE SW Sec. 1, T6N, R79W. Middle Allard Contour: SW1/4 of the NW1/4 of Sec. 29, T8N, R79W of the 6th P.M., at a point 1,140 ft. from west sec. line and 1,380 ft. from north sec. line of said sec. Name(s) of Ditch(es) and capacity: Oklahoma Ditch #1, total 61 cfs decreed absolute. Point of diversion for Oklahoma Ditch is NW NW Sec. 16, T7N, R79W. North Allard Contour: NE 1/4 of the NW1/4 of Sec. 29, T8N, R79W of the 6th P.M., at a point 540 ft. from north sec. line and 2,540 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Oklahoma Ditch #1, total 61 cfs decreed absolute. Point of diversion for Oklahoma Ditch is NW NW Sec. 16, T7N, R79W. South Allard Contour: SW1/4 of the NW1/4 of Sec. 29, T8N, R79W of the 6th P.M., at a point 2,520 ft. from north sec. line and 745 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Oklahoma Ditch #1, total 61 cfs decreed absolute. Point of diversion for Oklahoma Ditch is NW NW Sec. 16, T7N, R79W. Anderson Contour: SE 1/4 of the SW1/4 of Sec. 5, T7N, R79W of the 6th P.M., at a point 765 ft. from south sec. line and 1,850 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Oklahoma Ditch #1, total 61 cfs decreed absolute. Point of diversion for Oklahoma Ditch is NW NW Sec. 16, T7N, R79W. Anderson Drain: SE 1/4 of the SW 1/4 of Sec. 5, T7N, R79W of 6th P.M., at a point 77 ft. from south sec. line and 2,270 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Oklahoma Ditch #1; total 61 cfs decreed absolute. Point of diversion for Oklahoma Ditch is NW NW Sec. 16, T7N, R79W. Coyote Pond: SW 1/4 of the SW 1/4 of Sec. 20, T8N, R79W of the 6th P.M., at a point 98 ft. from south sec. line and 380 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Oklahoma Ditch #1; total 61 cfs decreed absolute. Point of diversion for Oklahoma Ditch is NW NW Sec. 16, T7N, R79W.

Page 27 of 42 Fisherman’s Parking Pond: SW1/4 of the NE1/4 of Sec. 5, T7N, R79W of the 6th P.M., at a point 2,690 ft. from north sec. line and 2,390 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Oklahoma Ditch #1, total 61 cfs decreed absolute. Point of diversion for Oklahoma Ditch is NW NW Sec. 16, T7N, R79W. Pothole Pond: SE 1/4 of the NW 1/4 of Sec. 5, T7N, R79W of the 6th P.M., at a point 2,130 ft. from north sec. line and 570 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Oklahoma Ditch #1, total 61 cfs decreed absolute. Point of diversion for Oklahoma Ditch is NW NW Sec. 16, T7N, R79W. North Allard Pond: SW 1/4 of the NE 1/4 of Sec. 5, T7N, R79W of the 6th P.M., at a point 1,910 ft. from north sec. line and 1,160 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Oklahoma Ditch #2, total 13 cfs decreed absolute. Point of diversion for Oklahoma Ditch is NW NW Sec. 16, T7N, R79W. South Allard Pond: NE1/4 of the SE 1/4 of Sec. 5, T7N, R79W of the 6th P.M., at a point 2,670 ft. from south sec. line and 1,240 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Oklahoma Ditch #2, total 13 cfs decreed absolute. Point of diversion for Oklahoma Ditch is NW NW Sec. 16, T7N, R79W. North McCammon Pond: NE1/4 of the NE1/4 of Sec. 21, T8N, R79W of the 6th P.M., at a point 510 ft. from north sec. line and 645 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Ward Ditch #1, total 19 cfs decreed absolute. Point of diversion for ditch is SE SW Sec. 21, T8N, R79W. South McCammon Pond: NE 1/4 of the NE 1/4 of Sec. 21, T8N, R79W of the 6th P.M., at a point 1,120 ft. from north sec. line and 1,220 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Ward #1, total 19 cfs decreed absolute. Point of diversion for ditch is SE SW Sec. 21, T8N, R79W. Willford Pond: NE1/4 of the NW 1/4 of Sec. 15, T8N, R79W of the 6th P.M., at a point 1,510 ft. from north sec. line and 1,740 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Ward Ditch #1, total 19 cfs decreed absolute. Point of diversion for ditch is SE SW Sec. 21, T8N, R79W. North School Pond: NW 1/4 of the SE 1/4 of Sec. 16, T8N, R79W of the 6th P.M., at a point 1,130 ft. from south sec. line and 2,010 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Ward Ditch #3, total 2.25 cfs decreed absolute. Point of diversion for ditch is NW SW Sec. 21, T8N, R79W. South School Pond: SW1/4 of the SE 1/4 of Sec. 16, T8N, R79W of the 6th P.M., at a point 555 ft. from south sec. line and 2,570 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Ward Ditch #3, total 2.25 cfs decreed absolute. Point of diversion for ditch is NW SW Sec. 21, T8N, R79W. Graf Pond: NW 1/4 of the NE 1/4 of Sec. 14, T7N, R80W of the 6th P.M., at a point 300 ft. from north sec. line and 2,200 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Howard Ditch and MacFarlane Extension Ditch; total 165 cfs and 123 cfs decreed absolute for Howard and MacFarlane Extension, respectively. Points of diversion for Howard Ditch and MacFarlane Extension Ditch are NE SE Sec. 12, T6N, R79W and NW NE Sec. 13, T6N, R79W, respectively. Schroeder Pond: SE 1/4 of the SE1/4 of Sec. 13, T7N, R80W of the 6th P.M., at a point 1,000 ft. from south sec. line and 1,000 ft. from east sec. line of said sec. Name(s) of Ditch(es) and capacity: Howard Ditch and MacFarlane Extension Ditch; total 165 cfs and 123 cfs decreed absolute for Howard and MacFarlane Extension, respectively. Points of diversion for Howard Ditch and MacFarlane Extension Ditch are NE SE Sec. 12, T6N, R79W and NW NE Sec. 13, T6N, R79W, respectively. Willett Pond: NW 1/4 of the SW 1/4 of Sec. 13, T7N, R80W of the 6th P.M., at a point 2,550 ft. from south sec. line and 900 ft. from west sec. line of said sec. Name(s) of Ditch(es) and capacity: Howard Ditch and MacFarlane Extension Ditch; total 165 cfs and 123 cfs decreed absolute for Howard and MacFarlane Extension, respectively. Points of diversion for Howard Ditch and MacFarlane Extension Ditch are NE SE Sec. 12, T6N, R79W and NW NE Sec. 13, T6N, R79W, respectively. SOURCE: Brewers Pond, Bulrush Pond, Potter Creek Pond, and Bilbeisi Pond: State-Walden Pipeline and Spring, Illinois River via ditches as specified above, natural

Page 28 of 42 runoff, and captured return flows originating from irrigated USA/USFWS lands and which have not been released from the dominion of the USA/USFWS. North Brocker Pond, Home Pond, Birdie Pond, Eagle Pond, Antelope Pond, Solberg Pond, Buddy’s Pond, Eisemann Pond, Goose Pond, Living Room Pond, Marsh Pond, Patten Pond, Prairie Dog Pond, Rat Ditch Pond, North Roadside Pond, South Roadside Pond, Abraham Pond, Diversion Pond, Old Road Pond, #125 Pond, #76 Pond, Alkali Pond, Avocet Pond, Bluebill Pond, Middle Case Contour, North Case Contour, South Case Contour, Case #2 Annex Pond, Cattail Pond, Elk Pond, Greasewood Pond, Headwaters Pond, Horseshoe Pond, Kitchen Pond, North Tour Route Pond, South Tour Route Pond, Varney Pond, Wilson’s Pond, 403 Pond, 404 Pond, Follett Pond, Hampton #1 Pond, Hampton #2 Pond, Hampton #3 Pond, Rizor Pond, Smith Pond, Germ Pond, North Hackley Pond, South Hackley Pond, Rodriquez Pond, Ross Pond, Middle Allard Contour, North Allard Contour, South Allard Contour, Anderson Contour, Anderson Drain, Coyote Pond, Fisherman’s Parking Pond, Pothole Pond. North Allard Pond, South Allard Pond, North McCammon Pond, South McCammon Pond, Willford Pond, North School Pond, and South School Pond: Illinois River via ditches as specified above; natural runoff; and captured return flows originating from irrigated USA/USFWS lands and which have not been released from the dominion of the USA/USFWS. Graf Pond, Schroeder Pond, Willett Pond: Illinois River and Willow Creek via ditches as specified above; natural runoff; and captured return flows originating from irrigated USA/USFWS lands and which have not been released from the dominion of the USA/USFWS. Date of appropriation; Date of Beneficial Use; Amounts claimed (in acre-ft.):

POND NAME Date Appr Applied Benef Use Amt Claimed Amt Claimed Amt Claimed (First Fill) (Evap Loss/ Refill) (Total)

North Brocker Pond Dec. 31, 1980 Dec. 31, 1983 22 a.f. 30.8 a.f. 52.8 a.f. Home Pond Dec. 31, 1978 Dec. 31, 1983 52 a.f. 55.7 a.f. 107.7 a.f. Birdie Pond Dec. 31, 1976 Dec. 31, 1983 9 a.f. 7.1 a.f. 16.1 a.f. Eagle Pond Dec. 31, 1976 Dec. 31, 1983 22 a.f. 15.9 a.f. 37.9 a.f. Solberg Pond Dec. 31, 1985 Dec. 31, 1986 11 a.f. 17.7 a.f. 28.7 a.f. Antelope Pond Dec. 31, 1974 Dec. 31, 1983 77 a.f. 46.2 a.f. 123.2 a.f. Buddy’s Pond Dec. 31, 1972 Dec. 31, 1983 15 a.f. 14.3 a.f. 29.3 a.f. Eisemann Pond Dec. 31, 1986 Dec. 31, 1987 15 a.f. 10.9 a.f. 25.9 a.f. Goose Pond Aug. 15, 1967 Dec. 31, 1986 49 a.f. 32 a.f. 81 a.f. Living Room Pond Dec. 31, 1973 Dec. 31, 1986 6 a.f. 5 a.f. 11 a.f. Marsh Pond Aug. 15, 1967 Dec. 31, 1983 15 a.f. 25.9 a.f. 40.9 a.f. Patten Pond Dec. 31, 1986 Dec. 31, 1987 10 a.f. 6.8 a.f. 16.8 a.f. Prairie Dog Pond Dec. 31, 1986 Dec. 31, 1987 18 a.f. 10.2 a.f. 28.2 a.f. Rat Ditch Pond Dec. 31, 1987 Dec. 31, 1988 8 a.f. 5.8 a.f. 13.8 a.f. North Roadside Pond Dec. 31, 1972 Dec. 31, 1983 4 a.f. 4.6 a.f. 8.6 a.f. South Roadside Pond Dec. 31, 1972 Dec. 31, 1983 6 a.f. 5 a.f. 11 a.f. Abraham Pond Dec. 31, 1987 Dec. 31, 1988 20 a.f. 12.9 a.f. 32.9 a.f. Diversion Pond Dec. 31, 1987 Dec. 31, 1988 28 a.f. 35.4 a.f. 63.4 a.f. Old Road Pond Dec. 31, 1988 Dec. 31, 1988 4 a.f. 3.9 a.f. 7.9 a.f. #125 Pond Dec. 31, 1986 Dec. 31, 1987 17 a.f. 13.6 a.f. 30.6 a.f. #76 Pond Dec. 31, 1976 Dec. 31, 1983 61 a.f. 51.6 a.f. 112.6 a.f. Alkali Pond Aug. 15, 1967 Dec. 31, 1983 22 a.f. 26.3 a.f. 48.3 a.f. Page 29 of 42 Avocet Pond Aug. 15, 1967 Dec. 31, 1983 12 a.f. 17.6 a.f. 29.6 a.f. Bluebill Pond Aug. 15, 1967 Dec. 31, 1983 19 a.f. 12.8 a.f. 31.8 a.f. Brewers Pond Dec. 31, 1978 Dec. 31, 1983 60 a.f. 48.1 a.f. 108.1 a.f. Bulrush Pond Dec. 31, 1981 Dec. 31, 1983 16 a.f. 20.1 a.f. 36.1 a.f. Middle Case Contour Dec. 31, 1977 Dec. 31, 1983 2 a.f. 2.2 a.f. 4.2 a.f. North Case Contour Dec. 31, 1977 Dec. 31, 1983 3 a.f. 2.8 a.f. 5.8 a.f. South Case Contour Dec. 31, 1977 Dec. 31, 1983 2 a.f. 2.2 a.f. 4.2 a.f. Case #2 Annex Pond Aug. 15, 1967 Dec. 31, 1983 13 a.f. 11.7 a.f. 24.7 a.f. Cattail Pond Dec. 31, 1980 Dec. 31, 1983 9 a.f. 8.4 a.f. 17.4 a.f. Elk Pond Dec. 31, 1977 Dec. 31, 1983 90 a.f. 71.9 a.f. 161.9 a.f. Greasewood Pond Dec. 31, 1980 Dec. 31, 1983 10 a.f. 9.1 a.f. 19.1 a.f. Headwaters Pond Dec. 31, 1993 Dec. 31, 1986 24 a.f. 24.5 a.f. 48.5 a.f. Horseshoe Pond Dec. 31,1975 Dec. 31, 1983 2 a.f. 1.9 a.f. 3.9 a.f. Kitchen Pond Aug. 15, 1967 Dec. 31, 1983 9 a.f. 8.4 a.f. 17.4 a.f. North Tour Route Pond Dec. 31, 1979 Dec. 31, 1983 1 a.f. 1.6 a.f. 2.6 a.f. Potter Creek Pond Dec. 31, 1974 Dec. 31, 1983 111 a.f. 74.1 a.f. 185.1 a.f. Bilbeisi Pond Dec. 31, 2001 Not put to 3 a.f. 3.6 a.f. 6.6 a.f. beneficial use yet South Tour Route Pond Dec. 31, 1979 Dec. 31, 1983 1 a.f. 1.6 a.f. 2.6 a.f. Varney Pond Dec. 31, 1986 Dec. 31, 1987 21 a.f. 20 a.f. 41 a.f. Wilson’s Pond Dec. 31, 1978 Dec. 31, 1987 14 a.f. 13.9 a.f. 27.9 a.f. 403 Pond Dec. 31, 1992 Dec. 31, 1993 3 a.f. 3.1 a.f. 6.1 a.f. 404 Pond Dec. 31, 1992 Dec. 31, 1993 6 a.f. 9.1 a.f. 15.1 a.f. Follett Pond Dec. 31, 1987 Dec. 31, 1988 10 a.f. 6.2 a.f. 16.2 a.f. Hampton #1 Pond Dec. 31, 1990 Dec. 31, 1992 2 a.f. 2.3 a.f. 4.3 a.f. Hampton #2 Pond Dec. 31, 1977 Dec. 31, 1983 22 a.f. 13.7 a.f. 35.7 a.f. Hampton #3 Pond Dec. 31, 1978 Dec. 31, 1983 25 a.f. 15.4 a.f. 40.4 a.f. Rizor Pond Dec. 31, 1987 Dec. 31, 1988 11 a.f. 7.2 a.f. 18.2 a.f. Smith Pond Dec. 31, 1981 Dec. 31, 1983 12 a.f. 16.5 a.f. 28.5 a.f. Germ Pond Dec. 31, 1974 Dec. 31, 1983 28 a.f. 15.5 a.f. 43.5 a.f. North Hackley Pond Dec. 31, 1993 Dec. 31, 1986 2 a.f. 2.7 a.f. 4.7 a.f. South Hackley Pond Dec. 31, 1993 Dec. 31, 1986 2 a.f. 2.3 a.f. 4.3 a.f. Rodriquez Pond Dec. 31, 1993 Dec. 31, 1986 17 a.f. 22.8 a.f. 39.8 a.f. Ross Pond Dec. 31, 1982 Dec. 31, 1986 5 a.f. 9 a.f. 14 a.f. Middle Allard Contour Dec. 31, 1981 Dec. 31, 1983 8 a.f 8.3 a.f 16.3 a.f. North Allard Contour Dec. 31, 1981 Dec. 31, 1983 6 a.f. 5.9 a.f. 11.9 a.f. South Allard Contour Dec. 31, 1981 Dec. 31, 1983 9 a.f. 9.1 a.f. 18.1 a.f. Anderson Contour Dec. 31, 1977 Dec. 31, 1983 18 a.f. 18.7 a.f. 36.7 a.f. Anderson Drain Dec. 31, 1977 Dec. 31, 1983 20 a.f. 28.9 a.f. 48.9 a.f. Coyote Pond Dec. 31, 1979 Dec. 31, 1983 3 a.f. 3.1 a.f. 6.1 a.f. Fisherman’s Parking PondDec. 31, 1977 Dec. 31, 1983 2 a.f. 2.1 a.f. 4.1 a.f. Pothole Pond Dec. 31, 1970 Dec. 31, 1983 7 a.f. 7 a.f. 14 a.f. North Allard Pond Dec. 31, 1978 Dec. 31, 1983 38 a.f. 28.9 a.f. 66.8 a.f. South Allard Pond Dec. 31, 1978 Dec. 31, 1983 48 a.f. 31.2 a.f. 79.2 a.f. North McCammon Pond Dec. 31, 1972 Dec. 31, 1983 8 a.f. 7.3 a.f. 15.3 a.f. South McCammon PondDec. 31, 1978 Dec. 31, 1983 41 a.f. 28.2 a.f. 69.2 a.f. Willford Pond Dec. 31, 1980 Dec. 31, 1983 62 a.f. 32 a.f. 94 a.f. Page 30 of 42 North School Pond Dec. 31, 1978 Dec. 31, 1983 30 a.f. 22.9 a.f. 52.9 a.f. South School Pond Dec. 31, 1978 Dec. 31, 1983 27 a.f. 21.9 a.f. 48.9 a.f. Graf Pond Dec. 31, 2002 Not put to 6 a.f. 8.2 a.f. 14.2 a.f. beneficial use yet Schroeder Pond Dec. 31, 2002 Not put to 1 a.f. 1.6 a.f. 2.6 a.f. beneficial use yet Willett Pond Dec. 31, 2002 Not put to 2 a.f. 3.3 a.f. 5.3 a.f. beneficial use yet

How appropriation was initiated: Construction of berms or dams for all ponds except Case #2 Annex Pond, Kitchen Pond, Goose Pond, Marsh Pond, Alkali Pond, Avocet Pond, and Bluebill Pond, which are natural depressions augmented by ditch diversions and captured return flows originating from irrigated USA/USFWS lands and which have not been released from the dominion of the USA/USFWS. Graf Pond, Schroeder Pond, Willett Pond, and Bilbeisi Pond have not been used to put water to beneficial use as of the date of this application. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: North Brocker Pond: Boyce Brothers Ditch, rate shall not increase over 29.75 cfs already decreed absolute to USA. Home Pond: Home Ditch #1, rate shall not increase over 6 cfs already decreed absolute to USA. Birdie Pond, Eagle Pond, Solberg Pond, Antelope Pond, Buddy’s Pond, Eisemann Pond, Goose Pond, Living Room Pond, Marsh Pond, Patten Pond, Prairie Dog Pond, Rat Ditch Pond, North Roadside Pond, South Roadside Pond, Abraham Pond, Diversion Pond, Old Road Pond, #125 Pond, #76 Pond, Alkali Pond, Avocet Pond, Bluebill Pond, Brewers Pond, Bulrush Pond, Middle Case Contour, North Case Contour, South Case Contour, Case #2 Annex Pond, Cattail Pond, Elk Pond, Greasewood Pond, Headwaters Pond, Horseshoe Pond, Kitchen Pond, North Tour Route Pond, Potter Creek Pond, Bilbeisi Pond, South Tour Route Pond, Varney Pond, Wilson’s Pond, 403 Pond, 404 Pond, Follett Pond, Hampton #1 Pond, Hampton #2 Pond, Hampton #3 Pond, Rizor Pond, Smith Pond: Hubbard #2 Ditch, rate shall not increase over 103 cfs already decreed absolute to USA. Germ Pond: Midland-Hackley Extension, rate shall not increase over 5 cfs already decreed absolute to USA. North Hackley Pond, South Hackley Pond, Rodriquez Pond, Ross Pond: Midland Ditch, rate shall not increase over 16 cfs already decreed to USA. Middle Allard Contour, North Allard Contour, South Allard Contour, Anderson Contour, Anderson Drain, Coyote Pond, Fisherman’s Parking Pond, Pothole Pond: Oklahoma Ditch #1, rate shall not increase over 61 cfs already decreed absolute to USA. North Allard Pond, South Allard Pond: Oklahoma Ditch #2, rate shall not increase over 13 cfs already decreed absolute to USA. North McCammon Pond, South McCammon Pond, Willford Pond: Ward Ditch #1, rate shall not increase over 19 cfs already decreed absolute to USA. North School Pond, South School Pond: Ward Ditch #3, rate shall not increase over 2.25 cfs already decreed absolute to USA. Graf Pond, Schroeder Pond, Willett Pond: Howard Ditch and MacFarlane Ditch, rate shall not increase over 130 cfs and 55 cfs, respectively, already decreed absolute to USA. Use: A. If irrigation, complete the following: Number of acres historically irrigated: 573.4. Total number of acres proposed to be irrigated: 573.4 Legal description of acreage irrigated or to be irrigated: Same as pond locations. B. If non-irrigation, describe purposes fully: Fish and wildlife propagation and habitat, and recreation: Specifically, storage of water to create forage, cover, breeding areas, brooding areas, feeding areas, and resting areas for various wildlife pecies, including shorebirds, water fowl, neotropical birds, mammals, and amphibians. The water is used to support aquatic and wetland vegetation, to enhance wildlife habitat and recreational values. Subject to legal availability of water for diversion and storage and the amount of water awarded for refill, the impoundments and natural depressions may be maintained at a constant level throughout the year to further the uses decreed. Surface area of high water line: Page 31 of 42 POND NAME Surface Area of Max Dam Dam Length Total Capacity Active Storage Dead Storage High Water Line Height (a.f.) (a.f. ) (a.f.) North Brocker Pond14.95 acres 4 ft. 2,018 ft. 22 a.f. 22 a.f. 0 a.f. Home Pond 27.05 acres 8 ft. 1,708 ft. 52 a.f. 52 a.f. 0 a.f. Birdie Pond 3.44 acres 8 ft. 439 ft. 9 a.f. 9 a.f. 0 a.f. Eagle Pond 7.74 acres 8 ft. 642 ft. 22 a.f. 22 a.f. 0 a.f. Solberg Pond 8.60 acres 4 ft. 917 ft. 11 a.f. 0 a.f. 11 a.f. Antelope Pond 22.42 acres 10 ft. 409 ft. 77 a.f. 77 a.f. 0 a.f. Buddy’s Pond 6.93 acres 6 ft. 165 ft. 15 a.f. 15 a.f. 0 a.f. Eisemann Pond 5.29 acres 6 ft. 411 ft. 15 a.f. 15 a.f. 0 a.f. Goose Pond 15.52 acres natural depression, no man-made dam49 a.f. 0 a.f. 49 a.f. Living Room Pond 2.41 acres 3 ft. 290 ft. 6 a.f. 0 a.f. 6 a.f. Marsh Pond 12.58 acres natural depression, no man-made dam15 a.f. 0 a.f. 15 a.f. Patten Pond 3.30 acres 6 ft. 412 ft. 10 a.f. 10 a.f. 0 a.f. Prairie Dog Pond 4.95 acres 7 ft. 461 ft. 18 a.f. 18 a.f. 0 a.f. Rat Ditch Pond 2.82 acres 8 ft. 331 ft. 8 a.f. 8 a.f. 0 a.f. North Roadside Pond 2.24 acres 2 ft. 242 ft. 4 a.f. 0 a.f. 4 a.f. South Roadside Pond 2.42 acres 3 ft. 150 ft. 6 a.f. 0 a.f. 6 a.f. Abraham Pond 6.25 acres 6 ft. 193 ft. 20 a.f. 20 a.f. 0 a.f. Diversion Pond 17.20 acres 7 ft. 1,406 ft. 28 a.f. 28 a.f. 0 a.f. Old Road Pond 1.87 acres 6 ft. 658 ft. 4 a.f. 4 a.f. 0 a.f. #125 Pond 6.62 acres 6 ft. 318 ft. 17 a.f. 17 a.f. 0 a.f. #76 Pond 25.06 acres 8 ft. 950 ft. 61 a.f. 61 a.f. 0 a.f. Alkali Pond 12.79 acres natural depression, no man-made dam22 a.f. 0 a.f. 22 a.f. Avocet Pond 8.52 acresnatural depression, no man-made 12 a.f. 0 a.f. 12 a.f. Bluebill Pond 6.22 acresnatural depression, no man-made dam19 a.f. 0 a.f. 19 a.f. Brewers Pond 23.37 acres 5 ft. 660 ft. 60 a.f. 60 a.f. 0 a.f. Bulrush Pond 9.74 acres 7 ft. 520 ft. 16 a.f. 16 a.f. 0 a.f. Middle Case Contour 1.06 acres 3 ft. 1,040 ft. 2 a.f 2 a.f. 0 a.f. North Case Contour 1.35 acres 3 ft. 1,040 ft. 3 a.f. 3 a.f. 0 a.f. South Case Contour 1.08 acres 3 ft. 980 ft. 2 a.f. 2 a.f. 0 a.f. Case #2 Annex 5.69 acres natural depression, no man-made dam13 a.f 0 a.f. 13 a.f. Cattail Pond 4.06 acres 5 ft. 117 ft. 9 a.f. 0 a.f. 9 a.f. Elk Pond 34.88 acres 7 ft. 305 ft. 90 a.f. 90 a.f. 0 a.f. Greasewood Pond 4.41 acres 6 ft. 338 ft. 10 a.f. 10 a.f. 0 a.f. Headwaters Pond 11.9 acres 6 ft. 280 ft. 24 a.f. 24 a.f. 0 a.f. Horseshoe Pond 0.92 acres 5 ft. 200 ft. 2 a.f. 2 a.f. 0 a.f. Kitchen Pond 4.07 acres natural depression, no man-made dam 9 a.f. 0 a.f 9 a.f. North Tour Route Pond 0.76 acres 4 ft. 250 ft. 1 a.f. 1 a.f. 0 a.f. Potter Creek Pond 35.98 acres 7 ft. 390 ft. 111 a.f. 111 a.f. 0 a.f. Bilbeisi Pond 1.76 acres 6 ft. 400 ft. 3 a.f. 3 a.f. 0 a.f. South Tour Route 0.76 acres 4 ft. 395 ft. 1 a.f. 1 a.f. 0 a.f. Varney Pond 9.71 acres 6 ft. 229 ft. 21 a.f. 21 a.f. 0 a.f. Wilson’s Pond 6.75 acres 5 ft. 460 ft. 14 a.f. 14 a.f. 0 a.f. 403 Pond 1.52 acres 3 ft. 100 ft. 3 a.f. 3 a.f. 0 a.f. 404 Pond 4.44 acres 7 ft. 254 ft. 6 a.f. 6 a.f. 0 a.f. Page 32 of 42 Follett Pond 2.99 acres 7.5 ft. 323 ft. 10 a.f. 10 a.f. 0 a.f. Hampton #1 Pond 1.14 acres 5.5 ft. 292 ft. 2 a.f. 2 a.f. 0 a.f. Hampton #2 Pond 6.67 acres 8 ft. 458 ft. 22 a.f. 22 a.f. 0 a.f. Hampton #3 Pond 7.46 acres 11 ft. 761 ft. 25 a.f. 25 a.f. 0 a.f. Rizor Pond 3.51 acres 5.5 ft. 334 ft. 11 a.f. 11 a.f. 0 a.f. Smith Pond 8.03 acres 4 ft. 424 ft. 12 a.f. 0 a.f. 12 a.f. Germ Pond 7.54 acres 15 ft. 430 ft. 28 a.f. 28 a.f. 0 a.f. North Hackley Pond 1.31 acres 6 ft. 274 ft. 2 a.f. 2 a.f. 0 a.f. South Hackley Pond 1.10 acres 5 ft. 268 ft. 2 a.f. 2 a.f. 0 a.f. Rodriquez Pond 11.07 acres 4 ft. 233 ft. 17 a.f. 17 a.f. 0 a.f. Ross Pond 4.37 acres 4 ft. 40 ft. 5 a.f. 0 a.f. 5 a.f. Middle Allard Contour 4.03 acres 3 ft. 1,077 ft. 8 a.f. 0 a.f. 8 a.f. North Allard Contour 2.85 acres 3 ft. 1,441 ft. 6 a.f. 0 a.f. 6 a.f. South Allard Contour 4.43 acres 3 ft. 2,072 ft. 9 a.f. 0 a.f. 9 a.f. Anderson Contour 9.06 acres 4 ft. 577 ft. 18 a.f. 18 a.f. 0 a.f. Anderson Drain 14.01 acres 6 ft. 1,297 ft. 20 a.f. 20 a.f. 0 a.f. Coyote Pond 1.52 acres 4 ft. 127 ft. 3 a.f. 3 a.f. 0 a.f. Fisherman’s Parking 1.00 acres 3 ft. 354 ft. 2 a.f. 0 a.f. 2 a.f. Pothole Pond 3.40 acres 4 ft. 491 ft. 7 a.f. 0 a.f. 7 a.f. North Allard Pond 13.98 acres 8 ft. 1,052 ft. 38 a.f. 38 a.f. 0 a.f. South Allard Pond15.16 acres 8 ft. 1,566 ft. 48 a.f. 48 a.f. 0 a.f. North McCammon 3.52 acres 5 ft. 118 ft. 8 a.f. 8 a.f. 0 a.f. South McCammon13.68 acres 8 ft. 1,566 ft. 41 a.f. 41 a.f. 0 a.f. Willford Pond 15.55 acres 8 ft. 1,294 ft. 62 a.f. 62 a..f. 0 a.f. North School Pond 11.13 acres 6 ft. 1,041 ft. 30 a.f. 30 a.f. 0 a.f. South School Pond 10.65 acres 6 ft. 1,279 ft. 27 a.f. 27 a.f. 0 a.f. Graf Pond 4.00 acres 6 ft. 900 ft. 14.2 a.f. 14.2 a.f. 0 a.f. Schroeder Pond 0.80 acres 6 ft. 300 ft. 1 a.f. 1 a.f. 0 a.f. Willett Pond 1.60 acres 6 ft. 350 ft. 2 a.f. 2 a.f. 0 a.f.

Name(s) and address(es) of owner(s) of the land upon which an 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. United States Department of the Interior, Fish and Wildlife Service, P.O. Box 25486, 134 Union St., Denver, CO 80225. Remarks or any other pertinent information: This application for the Arapaho National Wildlife Refuge seeks approval of junior appropriative water rights to store APPROX. 2,569 acre-ft. of water, including 1,391 acre-ft. of first fill water, and 1,178 acre-ft. of refill to offset evaporative loss from existing ponds on the Refuge. These water rights are being sought for existing uses and structures on the Arapaho National Wildlife Refuge in order that the Refuge’s decrees water right be consistent with Refuge management practices to better facilitate administration of water rights.

22. 02CW109 PATRICK AND CLAIRE E. SOLLARS, P.O. BOX 881302, STEAMBOAT SPRINGS, CO, (970) 879-2713; BUSINESS ADDRESS P.O. BOX 774525, STEAMBOAT SPRINGS, CO 80477-4525, (970) 879-5003. APPLICATION FOR STORAGE WATER RIGHTS (ABSOLUTE) in ROUTT COUNTY. Name of Reservoir: TAZMAN’S POND. Legal description of each point of diversion: Location of Dams: TAZMAN’S POND IS LOCATED IN THE NE¼ NW¼ OF SEC. 4, T5N, R85W, OF THE 6TH P.M., APPROX. 800 FT. SOUTH OF THE NORTH SEC. LINE AND 2050 FT. EAST OF THE WEST SEC. LINE, Page 33 of 42 ROUTT COUNTY, COLORADO. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: N/A. Source: UNNAMED TRIB. OF TROUT CREEK, TRIB. TO YAMPA RIVER. Appropriation and beneficial use: Date of initiation of appropriation: 04/01/1994. How appropriation was initiated: PURCHASE OF PROPERTY. Date water applied to beneficial use: 04/01/1994. Amount claimed: 0.69 AF (ABSOLUTE). If off-channel reservoir, rate of diversion in c.f.s for filling the reservoir: N/A. Use or proposed use: STOCK WATERING; AESTHETICS, RECREATION; WILDLIFE. If irrigation, complete the following: N/A. If non-irrigation, describe purpose fully. TAZMAN’S POND WILL BE USED FOR STOCK WATERING, RECREATION, WILDLIFE PURPOSES AND AESTHETICS. Surface Area of High Water Line: 0.11 ACRE. Maximum height of dam: 8.0 FT. Length of dam: 150 FT.. Total capacity of reservoir in acre FT.: Active capacity: 0.0 AF; Dead storage: .69 AF. Name and address of owner of land on which points of diversion and place of use(s) is (are) located: SAME AS APPLICANTS.

23. 02CW110 WILMA C. STONEBRINK FAMILY TRUST, C/O LAURETTA LEE SIMILLION, P.O. BOX 771312, 26500 CR 43, STEAMBOAT SPRINGS, CO 80477. 970-879-0057; BUSINESS ADDRESS: P.O. BOX 770907, STEAMBOAT SPRINGS, CO 80477. 970-870-5555. APPLICATION FOR WATER STORAGE RIGHT (ABSOLUTE) in ROUTT COUNTY. Name of Reservoir: STONEBRINK RESERVOIR #1. Legal description of location of dam: NW1/4 OF THE NE1/4 OF SEC. 4, T5N, R85W, OF THE 6TH P.M., AT A POINT 1090 FT. FROM NORTH SEC. LINE AND 2425 FT. FROM EAST SEC. LINE OF SAID SEC. Source: UNNAMED TRIB. TO TROUT CREEK, TRIB. TO YAMPA RIVER. Date of appropriation: 02/06/1990. How appropriation was initiated: CREATION OF TRUST. Date water applied to beneficial use: 03/28/1960. Amount claimed in acre FT.: 3.62 ABSOLUTE. If non-irrigation, describe purpose fully: STONEBRINK RESERVOIR #1 WILL BE USED FOR STOCK WATERING, RECREATION, WILDLIFE PURPOSES AND AESTHETICS. Surface area of high water line: 0.96 AF. Maximum height of dam in FT.: 7.0 FT.. Length of dam in FT.: 170.0 FT. Total capacity of reservoir in acre FT.: 3.62. Active capacity: 0.00. Dead storage: 3.62. Name and address of owner(s) of land upon which any structure is or will be located: SAME AS APPLICANT.

24. 02CW111 Wendalyn Louise Crawford, C/o Claire E. Sollars, Esq., Klauzer & Tremaine, LLC, P.O. Box 774525, Steamboat Springs, CO 80477-4525. 970-879-5003. APPLICATION FOR SURFACE WATER RIGHTS (CONDITIONAL) in MOFFAT COUNTY. Name of structures: SULPHUR DITCH AND DEER RUN PUMP. Legal description of each point of diversion: SULPHUR DITCH - NW ¼ NW ¼ OF SEC. 17, T5N, R91W OF THE 6TH P.M., AT A POINT 800 FT. EAST OF THE WEST SEC. LINE AND 125 FT. SOUTH OF THE NORTH SEC. LINE OF SAID SEC., IN MOFFAT COUNTY, COLORADO. DEER RUN PUMP - SW ¼ SW ¼ OF SEC. 8, T5N, R91W, OF THE 6TH P.M., AT A POINT 900 FT. EAST OF THE WEST SEC. LINE AND 500 FT. NORTH OF THE SOUTH SEC. LINE OF SAID SEC., IN MOFFAT COUNTY, COLORADO. Source: SULPHUR DITCH – TRIB. TO SULPHUR GULCH, TRIB. TO WILLIAMS FORK, TRIB. TO YAMPA RIVER. DEER RUN PUMP – TRIB. TO WILLIAMS FORK RIVER, TRIB. TO YAMPA RIVER. Date of initiation of appropriation: BOTH STRUCTURES: 08/11/2000. How appropriation was initiated: BOTH STRUCTURES: PURCHASE OF PROPERTY AS PREVIOUS OWNER HAD TAKEN STEPS TO APPROPRIATE THE WATER BY LAYING PIPE AND APPLYING FOR WATER RIGHTS. Date water applied to beneficial use: SULPHUR DITCH: N/A; DEER RUN PUMP: N/A. Amount claimed: SULPHUR DITCH: 0.05 C.F.S. CONDITIONAL; DEER RUN PUMP: 0.05 C.F.S.

Page 34 of 42 CONDITIONAL. Use or proposed use: SULPHUR DITCH: IRRIGATION, STOCK WATERING, WILDLIFE WATERING; DEER RUN PUMP: IRRIGATION, DOMESTIC, STOCK WATERING, WILDLIFE WATERING. If irrigation, complete the following: Number of acres historically irrigated: APPROX. 20 ACRES; Proposed to be irrigated: APPROX. 20 ACRES - APPLICANT INTENDS TO USE THE WATER FROM BOTH SOURCES TO IRRIGATE THE 20 ACRES LOCATED IN THE SE ¼ SE ¼ OF SEC. 7, SW ¼ SW ¼ OF SEC. 8, NW ¼ NW ¼ OF SEC. 17, ALL IN T5N, R91W, MOFFAT COUNTY, COLORADO. If non-irrigation, describe purpose fully: WATER FROM BOTH STRUCTURES WILL BE USED FOR STOCK WATERING AND WILDLIFE WATERING. WATER FROM DEER RUN PUMP WILL BE USED FOR DOMESTIC PURPOSES. Name and address of owner of land on which points of diversion and place of uses are located: SAME AS APPLICANT.

25. 02CW112 J. RICHARD AND JUDY A. TREMAINE, C/O ATTORNEY FOR APPLICANT, CLAIRE E. SOLLARS, KLAUZER & TREMAINE, LLC, P.O. BOX 774525, STEAMBOAT SPRINGS, CO 80477-4525, (970) 879-5003. APPLICATION FOR SURFACE AND STORAGE WATER RIGHTS (ABSOLUTE AND CONDITIONAL) in ROUTT COUNTY. Name of Structures: AMBER’S SPRING NO. 1 AND AMBER’S SPRING NO. 2. Name of Reservoirs: SKEETER’S POND AND BUDDY’S POND. Legal description of each point of diversion: AMBER’S SPRING NO. 1 IS LOCATED IN THE NW ¼ SW ¼ OF SEC. 6, T10N, R85W, OF THE 6TH P.M., APPROX. 2300 FT. NORTH OF THE SOUTH SEC. LINE AND 805 FT. EAST OF THE WEST SEC. LINE, ROUTT COUNTY, COLORADO. AMBER’S SPRING NO. 2 IS LOCATED IN THE NW ¼ SW ¼ OF SEC. 6, T10N, R85W, OF THE 6TH P.M., APPROX. 2225 FT. NORTH OF THE SOUTH SEC. LINE AND 1000 FT. EAST OF THE WEST SEC. LINE, ROUTT COUNTY, COLORADO. SKEETER’S POND IS LOCATED IN THE NW ¼ SW ¼ OF SEC. 6, T10N, R85W, OF THE 6TH P.M., APPROX. 2450 FT. NORTH OF THE SOUTH SEC. LINE AND 800 FT. EAST OF THE WEST SEC. LINE, ROUTT COUNTY, COLORADO. BUDDY’S POND IS LOCATED IN THE NW ¼ SW ¼ OF SEC. 6, T10N, R85W, OF THE 6TH P.M., APPROX. 2125 FT. NORTH OF THE SOUTH SEC. LINE AND 900 FT. EAST OF THE WEST SEC. LINE, ROUTT COUNTY, COLORADO. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: N/A. Source: BOTH STRUCTURES: UNNAMED TRIB. OF WILLOW CREEK, TRIB. TO ELK RIVER, TRIB. TO YAMPA RIVER. Appropriation and beneficial use: Date of initiation of appropriation: ALL STRUCTURES: 07/01/1995. How appropriation was initiated: ALL STRUCTURES: FIELD SURVEY ESTABLISHING SPRING AND POND LOCATIONS AND PHYSICAL INSPECTION OF AREA OF PROPOSED USES. Date water applied to beneficial use: AMBER SPRING NO. 1: JULY 1, 1998; AMBER SPRINGS NO. 2: N/A; SKEETER’S POND: AUGUST 1, 1998; BUDDY’S POND: AUGUST 1, 1995. Amount claimed: AMBER’S SPRING NO. 1: 0.015 C.F.S. (ABSOLUTE); AMBER’S SPRING NO. 2: 0.01 C.F.S. (CONDITIONAL). SKEETER’S POND: 0.04 AF (ABSOLUTE); BUDDY’S POND: 0.03 AF (ABSOLUTE). If off-channel reservoir, rate of diversion in cfs for filling the reservoir: N/A. Use or proposed use: BOTH SPRINGS: DOMESTIC, IRRIGATION, STOCK WATERING, WILDLIFE. BOTH PONDS: DOMESTIC, IRRIGATION, STOCK WATERING, RECREATION, WILDLIFE, AESTHETICS. If irrigation, complete the following: NO HISTORICAL IRRIGATION. PROPOSED IRRIGATION INCLUDES APPROX. 5 ACRES IN THE NW ¼ SW ¼ OF SEC. 6, T10N, R85W, ROUTT COUNTY, COLORADO. If non-irrigation, describe purpose fully: IN ADDITION TO IRRIGATION, THE STRUCTURES WILL BE USED FOR DOMESTIC, STOCK WATERING, RECREATION, WILDLIFE PURPOSES AND AESTHETICS. APPLICANT SEEKS THE RIGHT TO FILL AND REFILL BOTH SKEETER’S POND AND BUDDY’S PONDS WHEN IN

Page 35 of 42 PRIORITY. Surface Areas of High Water Lines: SKEETER’S POND: .005 ACRE; BUDDY’S POND: .004 ACRE. Maximum height of dam: N/A – BOTH SKEETER’S POND AND BUDDY’S POND WERE EXCAVATED. Length of dam: N/A – BOTH SKEETER’S POND AND BUDDY’S POND WERE EXCAVATED. Total capacity of reservoirs in acre FT.: SKEETER’S POND: ACTIVE CAPACITY: 0.0 AF, DEAD STORAGE: 0.04 ACRE FT.; BUDDY’S POND: ACTIVE CAPACITY: 0.0 AF, DEAD STORAGE: .0.03 ACRE FT. Name and address of owner of land on which points of diversion and place of uses are located: SAME AS APPLICANTS.

The following are Amended Applications previously published:

26. 99CW74 CREEK RANCH OWNERS ASSOCIATION, C/O CHARLES B. WHITE, GILLIAN DALE, PETROS & WHITE, LLC 730 17TH STREET, SUITE 820 DENVER, CO 80202 PHONE: (303) 825-1980. FIRST AMENDMENT TO APPLICATION FOR ABSOLUTE AND CONDITIONAL WATER RIGHTS in ROUTT COUNTY. 1. Paragraph A(2)(g) of the Application is amended to read as follows: 3.1 acre- ft., absolute, for evaporation and stock watering (all other uses are non-consumptive) and 0.25 c.f.s., absolute, for maintaining the natural inflow of water into and through the lake. This direct-flow right is separate from, and in addition to, the direct-flow right from Trout Creek described below in Paragraph 9. 2. Paragraph A(3)(g) of the Application is amended to read as follows: 2.4 acre-ft., absolute, for evaporation and stock watering (all other uses are non-consumptive) and 0.25 c.f.s., absolute, for maintaining the natural inflow of water into and through the lake. This direct-flow right is separate from, and in addition to, the direct-flow right from Trout Creek described below in Paragraph 10. 3. Paragraph A(4)(g) of the Application is amended to read as follows: 2.2 acre-ft., absolute, for evaporation and stock-watering (all other uses are non-consumptive) and 0.25 c.f.s., absolute, for maintaining the natural inflow of water into and through the lake. This direct-flow right is separate from, and in addition to, the direct-flow right from Trout Creek described below in Paragraph 10. 4. Paragraph A(5)(g) of the application is amended to read as follows: 0.4 acre-ft., absolute, for evaporation and stock watering (all other uses are non-consumptive) and 0.1 c.f.s., absolute, for maintaining the natural inflow of water into and through the pond. This right is separate from, and in addition to, the direct-flow right from Trout Creek described below in Paragraph 10. 5. Paragraphs A(2)(h), A(3)(h), A(4)(h), and A(5)(h) of the Application are amended to add the following use: Evaporation loss. 6. Paragraph B(6)(a) of the Application is amended to read as follows: Legal description: Located in the SE1/4 SE1/4 of Sec. 7, T.5N., R.85W. of the 6th P.M., 54 ft. from the South Sec. line and 660 ft. from the East Sec. line. 7. Paragraph B(6)(h) of the Application is amended to read as follows: Location of land to be irrigated: A 92.15-acre tract located in T.5N., R.85W. of the 6th P.M., described as Creek Ranch Land Preservation Subdivision Remainder Parcel B, according to the plat thereof recorded in Routt County on September 14, 1999, File No. 12787. 8. Paragraphs B(9)(g) and B(10)(g) are amended to add the following use: Recharge. 9. Except as specifically amended hereby, the Application remains as filed on December 30, 1999 and published in the December, 1999 resume for Water Division No. 6.

27. 02CW81 GREENVIEW, LLC, RICHARD E. PARKER AND M. STERLING BANKS C/O FLINT B. OGLE, DUFFORD, WALDECK, MILBURN & KROHN, L.L.P, 744 HORIZON COURT, SUITE 300, GRAND JUNCTION, CO 81506; FIRST AMENDED APPLICATION FOR CONDITIONAL WATER RIGHTS (SURFACE AND STORAGE), ABSOLUTE WATER RIGHT (STORAGE), AND TO MAKE

Page 36 of 42 CONDITIONAL WATER RIGHT ABSOLUTE in ROUTT COUNTY. Introduction: Co-Applicants own neighboring property located in Routt County. A 1997 agreement by and between Parker/Banks and Greenview’s predecessor in interest specified that the parties would jointly seek equivalent water rights in the small trib. stream running through both properties. This First Amended Application is intended to effectuate the intent of the parties to that 1997 agreement. Each Co-Applicant may subordinate one or more of the rights requested herein to the rights of the other party to the extent contemplated under the 1997 agreement. APPLICATION FOR SURFACE WATER RIGHTS: First Claim: Greenridge Ditch (Greenview): Name(s) of Structure: Greenridge Ditch; Points of Diversion: Point of Diversion #1: SE¼SE¼ of Sec. 17, T3N, R84W, 6th P.M., at a point which is 725 ft. west of the east Sec. line and 600 ft. north of the south Sec. line of said Sec. 17; Point of Diversion #2: NW¼SW¼ of Sec. 16, T3N, R84W, 6th P.M., at a point which is 725 ft. east of the west Sec. line and 2,650 ft. north of the south Sec. line of said Sec. 16; Source: Unnamed trib. to Little Morrison Creek, trib. to the Yampa River; Date of Appropriation: May 31, 2002; How Appropriation Was Initiated: Formation of intent to use water from the named source for stated purposes and field inspection to locate and mark point of diversion; Amount Claimed: 0.50 c.f.s., conditional. Applicant intends to divert at either Point of Diversion #1 or Point of Diversion #2, or a combination of both, with the total combined diversion from the two points not exceeding 0.50 c.f.s.; Proposed Uses: Irrigation, livestock, fire protection, piscatorial, and use as a filling source for Greenridge Pond Enlargement (see Part III of this Application) for subsequent application to those uses; If irrigation, total number and location of acres proposed to be irrigated: When diverted at Point of Diversion #1, Approx. 5 acres near a proposed home site located in the E1/2 SE1/4 SE1/4 of Sec. 17 and the W1/2 SW1/4 SW1/4 of Sec. 16, all in T3N, R84W, 6th P.M. When diverted at Point of Diversion #2, Approx. 2 acres near a proposed home site located in SE1/4 NW1/4 of Sec. 16, T3N, R84W, 6th P.M.; If other, describe use: Water from this source may also be used for livestock water in the same areas described above, and may be stored the Greenview Pond Enlargement for subsequent irrigation, livestock, fire protection and piscatorial uses when diverted at Point of Diversion #1; Name(s) and address(es) of owner(s) of land on which structure is located: Point of Diversion #1 is located on lands owned by The Meadows at Stagecoach Homeowners Association, P.O. Box 774944, Steamboat Springs, CO 80477. Point of Diversion #2 is located on lands owned by Scott W. Eggleston, P.O. Box 772814, Steamboat Springs, CO 80477; Second Claim: Greenridge Pond Direct Flow Diversion (Greenview); Summary of Claim: Co-Applicant Greenview understands it to be the position of the Colorado Water Conservation Board (“CWCB”) that the provisions of C.R.S. § 37-92-102(3) prohibit Greenview from obtaining a storage water right for the natural surface water level or volume of the Greenridge Pond located on Greenview’s property, as Greenview requested in Sec. III of its original application in this case, because that structure is a natural lake. Greenview further understands that the CWCB would concur in Greenview obtaining a direct flow water right diverting (either pumped or diverted by gravity flow) from the naturally occurring capacity of Greenridge Pond, which direct right would have Greenview Pond as its source. Consistent with that position, this claim seeks a direct flow water right diverting from the naturally occurring capacity of Greenridge Pond. Name(s) of Structure: Greenridge Pond Direct Flow Diversion; Point of Diversion: SE¼SE¼ of Sec. 17, T3N, R84W, 6th P.M., at a point which is 300 ft. west of the east Sec. line and 600 ft. north of the south Sec. line of said Sec. 17. Source: Naturally occurring volume of water in Greenridge Pond, a natural lake trib. to an unnamed stream, trib. Little Morrison Creek, trib. to the Yampa River; Date of Appropriation: May 31, 2002; How Appropriation Was Initiated: Formation of intent to use water from the named source for stated purposes and field inspection to locate and mark point of diversion; Amount Claimed: 60 g.p.m (0.133 c.f.s.), conditional; Proposed Uses: Irrigation, livestock and fire protection; If irrigation, total number and location of acres proposed to be irrigated: Approx. 5 acres near a proposed home site located in the

Page 37 of 42 E1/2 SE1/4 SE1/4 of Sec. 17 and the W1/2 SW1/4 SW1/4 of Sec. 16, all in T3N, R84W, 6th P.M.; If other, describe use: Water from this source may also be used for livestock and fire protection purposes in the same areas described above; Name(s) and address(es) of owner(s) of land on which structure is located: Co-Applicant Greenview; Third Claim: Caracol Ditch (Parker/Banks):Name(s) of Structure: Caracol Ditch; Point of Diversion: NW¼NW¼ of Sec. 16, T3N, R84W, 6th P.M., at a point which is 1,200 ft. east of the west Sec. line and 700 ft. south of the north Sec. line of said Sec. 16; Source: Unnamed stream, trib. to Little Morrison Creek, trib. to the Yampa River; Date of Appropriation: December 2, 2002; How Appropriation Was Initiated: Formation of intent to use water from the named source for stated purposes and field inspection to locate and mark point of diversion; Amount Claimed: 0.50 c.f.s., conditional; Proposed Uses: Irrigation, livestock (domestic animals), wildlife, fire protection, piscatorial and use as a filling source for Caracol No. 1 Reservoir - First Enlargement (see Part III of this Application) for subsequent application to those uses; If irrigation, total number and location of acres proposed to be irrigated: Approx. 2 acres lying above and around and existing reservoir (Caracol No. 1) located in the NW1/4NW1/4 of Sec. 16, T3N, R84W, 6th P.M.; If other, describe use: Water from this source may also be used for livestock (domestic animals) and wildlife watering in the same areas described above, and may be stored in Caracol Reservoir No. 1 - First Enlargement for subsequent irrigation, livestock (domestic animals), wildlife, fire protection and piscatorial uses; Name(s) and address(es) of owner(s) of land on which structure is located: This structure is located on lands owned by Co-Applicant Parker/Banks. APPLICATION FOR STORAGE WATER RIGHTS: First Claim: Greenridge Pond Enlargement (Greenview): Summary: Co- Applicant Greenview understands it to be the position of the Colorado Water Conservation Board (“CWCB”) that the provisions of C.R.S. § 37-92-102(3) prohibit Greenview from obtaining a storage water right for the natural surface water level or volume of the Greenridge Pond located on Greenview’s property, as Greenview requested in Sec. III of its original application in this case, because that pond is a natural lake. Greenview further understands that the CWCB may be able to concur that Greenview may obtain a storage water right for any water Greenview diverts to and stores in Greenridge Pond that either: (i) is within the physical high water line of the natural pond but is in addition to the volume of water naturally occurring in the pond at the time of diversion (adding water to the natural pond); or, (ii) occupies additional storage capacity created by enlargement of the existing pond through construction of a berm around a portion of the pond. Greenview therefore seeks a conditional storage right consistent with those criteria. Names of Structure: Greenridge Pond Enlargement; Location: SE¼SE¼ of Sec. 17, T3N, R84W, 6th P.M., at a point which is 300 ft. west of the east Sec. line and 600 ft. north of the south Sec. line of said Sec. 17. If off-channel reservoir, name and capacity of structures used to fill reservoir, and legal description of point of diversion: The Greenridge Pond Enlargement will be filled through the Greenridge Ditch, Point of Diversion #1, the location of which is described above; Source: The Greenridge Ditch (through Point of Diversion #1 only), which diverts from an unnamed stream, trib. to Little Morrison Creek, trib. to the Yampa River; Date of Appropriation: May 31, 2002; How Appropriation Was Initiated: Formation in intent to appropriate, field inspection to locate and mark the structure, and application to beneficial use; Date Water Applied to Beneficial Use: N/A (conditional); Enlargement Surface Area and Capacity: Surface Area: 0.85 acres, Capacity: 4.00 acre-ft., Active/Dead Storage: 4.0 AF / 0 AF; Maximum height of dam: Four ft. in height at highest point; Length of dam: The planned berm will not exceed 200 ft. in length; Amount: 4.0 acre-ft., conditional. This amount includes both the additional capacity created by Greenview’s intended enlargement of the pond by construction of a berm, and a portion of the capacity of the natural pond to the extent capacity exists in the pond over and above the natural surface water level and volume (such level and volume to be determined on a given date under a method developed by the Division Engineer and Co-Applicant); Rate of filling: 0.50 c.f.s. (conditional) through the Greenridge Ditch; Proposed Uses:

Page 38 of 42 Irrigation, livestock, fire protection and piscatorial; If irrigation, total number and location of acres proposed to be irrigated: Approx. 5 acres near a proposed home site located in the E1/2 SE1/4 SE1/4 of Sec. 17 and the W1/2 SW1/4 SW1/4 of Sec. 16, all in T3N, R84W, 6th P.M.; If other, describe use: Water from this source will also be used for livestock and fire protection purposes in the same area described above, and for piscatorial purposes at the pond; Name(s) and address(es) of owner(s) of land on which structure is located: Co-Applicant Greenview; Second Claim: Greenridge Pond No. 2 (Greenview): Summary: Co-Applicant Greenview desires to construct a small on-channel pond, designated Greenridge Pond No. 2, a short distance downstream from the existing Greenridge Pond, and here seeks a conditional water storage right for that purpose; Name of Structure: Greenridge Pond No. 2; Location: The pond is located in the NW¼SW¼ of Sec. 16, T3N, R84W, 6th P.M., at a point which is 200 ft. east of the west Sec. line and 1,750 ft. north of the south Sec. line of said Sec. 16; Source: Unnamed stream, trib. to Little Morrison Creek, trib. to the Yampa River (on-channel structure); Date of Appropriation: December 2, 2002; How Appropriation Was Initiated: Formation of intent to appropriate and field inspection to mark the structure location; Date Water Applied to Beneficial Use: N/A (conditional); Surface Area and Capacity: Surface Area: 0.75 acres, Capacity: 5.00 acre-ft., Active/Dead Storage: 3.0 AF / 2.0 AF; Maximum height of dam: Ten ft.; Length of dam: Maximum length of 100 ft.; Amount: 5.0 acre-ft., conditional; Rate of filling: Natural inflow to pond; Proposed Uses: Irrigation, livestock and piscatorial; If irrigation, total number and location of acres proposed to be irrigated: Approx. 2 acres near a proposed home site located in the W1/2 NW1/4 SW1/4 of Sec. 16, T3N, R84W, 6th P.M.; If other, describe use: Water from this source will also be used for livestock water and piscatorial purposes at the pond; Name(s) and address(es) of owner(s) of land on which structure is located: Co-Applicant Greenview; Third Claim: Caracol No. 1 Reservoir - First Enlargement (Parker/Banks): Summary: Co-Applicant Parker/Banks obtained a conditional water right for the Caracol No.1 Reservoir in the amount of 8.0 acre-ft. conditional in Case No. 97CW67, Water Division No. 6. Parker/Banks has since constructed the Caracol No. 1 reservoir. The as-built capacity of the reservoir exceeds 8.0 acre-ft. due to the topography of the area inundated. By this claim Parker/Banks seeks an absolute storage right for the difference between the originally decreed right and the as-built capacity of the reservoir; Names of Structure: Caracol No. 1 Reservoir - First Enlargement; Location: Sec. 16, T3N, R84W, 6th P.M. at a point bearing North 120 degrees East, 1,430 ft. from the NW Corner of said Sec. 16; Name and capacity of structures used to fill reservoir, and legal description of point of diversion: The Caracol No. 1 Reservoir - First Enlargement is an on- channel reservoir located on an unnamed stream trib. to Little Morrison Creek, trib. to the Yampa River, but may also be filled with water diverted from that unnamed trib. by the Caracol Ditch, the location of which is described above; Source: Unnamed stream trib. to Little Morrison Creek, trib. to the Yampa River, and the Caracol Ditch diverting from that same unnamed stream; Date of Appropriation: June 1, 1999; How Appropriation Was Initiated: Construction of the Caracol Reservoir and application of water to stated beneficial uses; Date Water Applied to Beneficial Use: July 1, 1999; Enlargement Surface Area and Capacity: Caracol No. 1 as decreed in Case No. 97CW67: Surface area: 0.85 acres, Capacity: 8.0 acre-ft.; Enlargement: Surface area: 0.85 acres, Capacity: 4.0 acre-ft.; Total (as built): Surface area: 0.85 acres, Capacity: 12.0 acre-ft.; Maximum height of dam: 9 ft., six inches; Length of dam: 160 ft.; Amount: 4.0 acre-ft., absolute; Rate of filling: 0.50 c.f.s. when filled through the through the Caracol Ditch; Natural flow when filled through reservoir inlet; Uses: Livestock, wildlife, fire-protection and piscatorial. The water stored has been applied to livestock (domestic animals), wildlife and piscatorial uses at the reservoir location, and to fire protection use at and around a house and other structures located near the pond on Parker/Banks’ property; Name(s) and address(es) of owner(s) of land on which structure is located: Co-Applicant Parker/Banks; APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE: Caracol No. 1 Reservoir (Parker/Banks): Summary of Claim: Co-Applicant Parker/Banks

Page 39 of 42 obtained a conditional water right for the Caracol No.1 Reservoir in the amount of 8.0 acre-ft. conditional in Case No. 97CW67, Water Division No. 6. Parker/Banks has since constructed the Caracol No. 1 reservoir, and by this claim seeks to make the conditional water right for that structure absolute; Name of Structure: Caracol No. 1 reservoir; Describe Conditional Water Right: Original Decree: Dated November 4, 1998, in Case No. 97CW67; Legal Description: The dam is located in Sec. 16, Township 3 North, Range 84 West, 6th P.M. at a point bearing North 120 degrees East, 1,430 ft. from the NW Corner of said Sec. 16; Source: Unnamed trib. to Little Morrison Creek, trib. to the Yampa River; Appropriation Date: February 14, 1997; Amount: 8.0 acre-ft.; Uses: Domestic animals, piscatorial; Completion of Appropriation and Application of Water to Beneficial Use: Caracol No. 1 reservoir was constructed and filled during June and July 1999. The water stored in the reservoir has been placed to beneficial use for domestic animal watering and piscatorial uses since that time; Water Applied to Beneficial Use: Date: August 1, 1999; Amount: 8.0 acre-ft.; Uses: Domestic animal watering and piscatorial uses at the reservoir location; Name(s) and address(es) of owner(s) of land on which structure is located: Co- Applicant Parker/Banks.

The following is the:

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308, C.R.S. (2002) [HB 02-1414] directs the State Engineer to establish a notification list for each water division to notify interested parties of requests for approval of substitute water supply plans.

To receive this information for 2003, specify if you prefer the information by first-class mail or electronic mail and submit your name, mailing address, e-mail address (if applicable), daytime telephone number and water division(s) to: Substitute Water Supply Notification List Colorado Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Or e-mail to: [email protected].

There is a $12 fee for this information per calendar year, per water division. The fee may be paid by Visa, MasterCard, check or money order payable to the Colorado Division of Water Resources. If paying by credit card, please include the credit card number and expiration date.

Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us/. Questions may be directed to the Division of Water Resources at (303) 866-3581.

Page 40 of 42 The following are the orders appointing water judges and designated ground water judges for calendar year 2003:

SUPREME COURT

STATE OF COLORADO

IN THE MATTER OF THE APPOINTMENT ) AMENDED OF WATER JUDGES UNDER THE WATER ) ORDER RIGHT DETERMINATION AND ADMINISTRATION) ACT OF 1969 )

Pursuant to Section 37-92-203(2), 10 CRS (2002), the following judges are designated or redesignated as water judges for the water divisions of the state for 2003:

Division 1 Roger A. Klein Jonathan W. Hays* (through 2/28/03) Gilbert Gutierrez* (after 2/28/03)

Division 2 C. Dennis Maes Kirk S. Samelson *

Division 3 O. John Kuenhold Pattie P. Swift *

Division 4 J. Steven Patrick Charles R. Greenacre *

Division 5 Thomas W. Ossola Thomas P. Craven*

Division 6 Michael A. O’Hara Daniel J. Kaup *

Division 7 Gregory G. Lyman David L. Dickinson* Dated this 8th day of _January, 2003 / s / Mary J. Mullarkey Chief Justice * Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation.

Page 41 of 42 SUPREME COURT

STATE OF COLORADO

CONCERNING THE APPOINTMENT OF ) ORDER DESIGNATED GROUND WATER JUDGES )

Pursuant to the provisions of Section 37-90-115(1)(b)(V), 10 CRS (2002), the following district judges are appointed as designated ground water judges for the named designated ground water basins for 2003:

Judicial Designated Ground Water Basin Judge District

Northern High Plains James R. Leh 13th Camp Creek

Kiowa-Bijou C. Vincent Phelps, Jr. 17th Lost Creek

Upper Black Squirrel Creek Larry E. Schwartz 4th Upper Big Sandy

Southern High Plains Stanley A. Brinkley 15th

Dated this 8th day of January, 2003 / s / Mary J. Mullarkey Chief Justice

You are hereby notified that you will have until the last day of FEBRUARY, 2003 to file with the Water Court, in quadruplicate, a verified statement of Opposition, setting forth facts as to why a certain Application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must be served on the Applicant or the Applicant's Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $45.00, and should be sent to the Clerk of the Water Court, DIV. 6, P. O. Box 773117, Steamboat Springs, CO 80477.

ROUTT COUNTY COMBINED COURT WATER DIV. 6

______By: Guyla Littlehorn, Deputy Clerk Page 42 of 42 Page 43 of 42