IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of October 2019. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest as provided in the Water Right Determination and Administration Act of 1969, or be forever barred.

CASE NO. 2019CW34 (REF NO. 13CW12, 06CW91). Applicant: Justin Korth, 28464 Lampshire Rd, Hotchkiss, CO 81419. Application to Make Absolute: Forrest Pond – NW1/4SW1/4NE1/4 of Section 30, T14S, R93W, 6th PM. 1,996 feet south of the north line and 2,380 feet west of the east section line. Easting 254500, Northing 4299440, Source: Sulfur Gulch, North Fork of the Gunnison River, Gunnison River. Appropriation Date: 04/24/2006. Amount Claimed: 10 acre-feet absolute for of 10 acres, stockwater, and fire protection. The application on file with the Water Court contains an outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2019CW40 (REF NO. 13CW53, 06CW217). Applicant: Robin Kauffman, 38634 Stucker Mesa Rd., Hotchkiss, CO 81419. Application for Finding of Reasonable Diligence: Sovonda Spring – NE1/4SW1/4SW1/4 of Section 2, T14S, R92W, 6th PM. 1,317 feet north of the south line and 1,313 feet east of the west section line. Source: North Fork Gunnison River, Gunnison River. Appropriation Date: 11/18/2006. Amount Claimed: 0.25 c.f.s. conditional for irrigation of 10 acres and stockwater. The application on file with the Water Court contains an outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2019CW41. Applicant: Grant Kier, 17292 Red Tail Rd., Eckert, CO 81418. Application for Surface Water Rights: Cedar Park Ditch, Kier Enlargement – SE1/4SE1/4 of Section 5, T13S, R95W, 6th P.M. 240 feet from the south line and 92 feet from the east section line. Easting 237558.02, Northing 4314976.07, Zone 12. Source: Dirty George Creek, Tongue Creek, Gunnison River. Appropriation Date: 02/21/1887. Amount Claimed: 0.50 c.f.s. absolute for stockwater and domestic use. GBR Wastewater Ditch - SE1/4NE1/4 of Section 22, T13S, R95W, 6th P.M. 2,687 feet from the south line and 771 feet from the east section line. Easting 240520.93, Northing 4310836.19, Zone 12. Source: Dirty George Creek, Forked Tongue Creek, Gunnison River. Appropriation Date: 05/01/2013. Amount Claimed 1.00 c.f.s. absolute for irrigation of 19.79 acres. DELTA COUNTY.

CASE NO. 2019CW42. Applicant: Ronald and Christen Williams, 211 Marguerite Dr., Ridgway, CO 81432. Application for Surface Water Rights: Williams Pump – SW1/4SW1/4 of Section 2, T44N, R8W, N.M.P.M. 438 feet from the south line and 107 feet from the west section line. Easting 261731, Northing 4219045, Zone 13. Source: Uncompahgre River, West Arm. Appropriation Date: 05/01/2019. Amount Claimed: .05 c.f.s. conditional for irrigation of 2 acres. Plummer Ditch 1, 2 – NE1/4NW1/4 of Section 11, T44N, R8W, N.M.P.M. 1,399 feet from the north line and 2501 feet from the east section line. Easting 262640, Northing 4218462, Zone 13. Source: Uncompahgre River. Appropriation Date: 05/01/2019. Amount Claimed: .05 c.f.s. conditional for irrigation of 2 acres. OURAY COUNTY.

CASE NO. 2019CW43 (REF NO. 2011CW161. Applicant: Leon Moores and Moores Mining Ranching and Sawmill, 32905 Highway 141, Gateway, CO 81522. Application to Make Absolute: Wild Rose Ditch, Hydropower Enlargement – NE1/4SW1/4 of Section 1, T15S, R103W, 6th PM. 2,202 feet from the south line and 2,627 feet from the west section line. Easting 686372, Northing 4294242, Zone 12. Source: West Creek, Dolores River. Appropriation Date: 12/15/2008. Amount Claimed: 10 c.f.s. absolute for hydroelectric power generation. Fields Ditch, Hydropower Enlargement - NE1/4SE1/4 of Section 2, T15S, R103W, 6th PM. 2,018 feet from the south line and 1,121 feet from the east section line. Easting 685233, Northing 4294158, Zone 12. Source: West Creek, Dolores River. Appropriation Date: 12/15/2011. Amount Claimed: 10.c.f.s. absolute for hydroelectric power generation. The Application on file with the Water Court contains an outline of the work performed during the diligence period. MESA COUNTY.

CASE NO. 2019CW44 – CASE DISMISSED, CASE NUMBER NOT USED.

CASE NO. 2019CW3074, KANNAH CREEK, GUNNISON RIVER, MESA COUNTY, APPLICATION FOR UNDERGROUND WATER RIGHT AND APPROVAL OF A PLAN FOR AUGMENTATION Kilgore Companies, LLC dba Elam Construction, Inc. (“Elam”)Russell A. Larsen, 556 Struthers, Grand Junction, CO 81501,970-242-5370, [email protected], c/o Kirsten M. Kurath, Williams, Turner & Holmes, P.C., 744 Horizon Court, Suite 115, Grand Junction, CO 81506, (970) 242-6262, E-mail: [email protected] and Whiting Land Legacy, LLC (“Property Owner”), c/o Donna Whiting, 335 Bean Ranch Road, Whitewater, CO 81527, (970) 241-3911, Background: Highway 50 Borrow Area No. 2 is located approximately 4.5 miles southeast of Whitewater, Colorado in Section 32, Township 2 South, Range 2 East of the Ute Principal Meridian. See Figure 1 attached to the Application. A site map showing the Highway 50 Borrow Area No. 2 is provided in Figure 2 attached to the Application. The area is bounded to the south by Kannah Creek, to the north and east by U.S. Highway 50, and to the west by private lands. Borrow material was extracted from the area in accordance with a mining and reclamation permit (Permit No. M-1999-076) issued by the Colorado Division of Minerals and Geology (currently referred to as the Colorado Division of Reclamation, Mining, and Safety) and held by Elam. The borrow material was used to support an adjacent highway construction project. Elam completed reclamation of the borrow area following termination of material extraction operations. An approximately 12-foot deep depression (“Pit Lake”) remains within the borrow area. Groundwater is exposed within the lower portion of the depression; therefore, the depression is considered a pit well. Elam and Property Owner seek an underground water right for the Highway 50 Borrow Area No. 2 pit well and augmentation plan to replacement out-of-priority depletions associated with evaporation from the Pit Lake. The Pit Lake is located on property owned by Property Owner. Property Owner has consented to the filing of the Application and the relief requested herein. See the Water Rights and Augmentation Plan Agreement attached as Exhibit A to the Application. Upon the closing of Permit No. M-1999-076, Elam shall transfer the water right, augmentation plan, well permit and augmentation water supply contract to the Property Owner and Property Owner shall be solely responsible for maintaining the same. FIRST CLAIM FOR RELIEF: Underground Water Right. Structure and Well Permit: Highway 50 Borrow Area No. 2 (the “Pit Lake”). Applicants will obtain a well permit for the Pit upon approval of the plan for augmentation. Legal Description: The approximate center of the Pit Lake is located in the SW/4 SW/4 of Section 32, Township 2 South, Range 2 East, Ute P.M., at a point 1,112 feet from the south section line and 875 feet from the west section line. UTM coordinates for the projected center of the Pit Lake are Easting: 205217.3; Northing: 4315128.3 (NAD83, UTM Zone 13). The location of the Pit Lake is shown in Figures 1 and 2. Source and Depth: Groundwater tributary to Kannah Creek, tributary to the Gunnison River. The maximum depth of the Pit Lake is approximately 12 feet below the original ground surface. Date of App.: The appropriation was initiated on July 31, 2013, when Elam’s predecessor, in response to an inquiry from the Colorado Division of Reclamation, Mining, and Safety (“DRMS”), notified the DRMS of its intent to appropriate water as described herein. Date Water Applied to Beneficial Use: July 31, 2013. Amount and Uses Claimed: 30.34 acre feet per year, absolute, for evaporative loss from the 7.9 acres of exposed groundwater surface area left after mining was completed. See Table 1 attached to the Application. Applicants request a finding that the water which collects in the Pit Lake is not in storage, as defined in §37-92-103(10.5), C.R.S., and that, in the administration of the water rights granted pursuant to this Application, statutes and other law relating to the storage of water, including without limitation §37-92-502(3), C.R.S., shall not be applicable. SECOND CLAIM FOR RELIEF: Plan for Augmentation. Names of structure to be augmented: The Pit Lake, described above. Description of water right to be used for augmentation: Applicants will obtain a Blue Mesa contract with the United States Bureau of Reclamation (“BOR”) to cover the out-of-priority depletions for evaporative losses from the Pit Lake and to cover transit losses in the amount to be decreed in this Plan for Augmentation. Blue Mesa Reservoir (Wayne N. Aspinall Unit of the Colorado River Storage Project): 939,204 acre feet was decreed in C.A. Nos. 5590 and 6981, Gunnison County District Court, with a November 13, 1957 appropriation date. An additional 124,253 acre feet, with the same appropriation date, was transferred to the Reservoir in C.A. No. 10045. Location: The initial point of survey of Blue Mesa Dam is located at a point on the right abutment being the intersection of the center line of the axis of the dam and the center line of the outlet works tunnel, whence the SW corner of Section 31, Township 49 North, Range 4 West, N.M.P.M. bears North 78º36'44" West a distance of 3,207.07 feet. Statement of Plan for Augmentation: The Plan for Augmentation will augment out of priority depletions from the evaporative losses associated with the 7.9 acre Pit Lake. The timing of depletions to the Kannah Creek resulting from evaporation was evaluated with the use of the Well Pumping Depletion Model (©2001, Western Water Consulting, Inc.) which is based on the Schroeder (1987) analytical depletion model. The model was run for a period of 20 years to ensure monthly depletions reached equillibrium. The depletions reached steady state after 3 years. The timing of depletions to Kannah Creek attributed to evaporation is presented in Table 2 to the Application. A review of DWR’s CDSS website indicates that there are no historical calls on Kannah Creek downstream of the Highway 50 Borrow Area No. 2. However, the plan must address the potential for future administrative calls to be placed by the Redlands Power Canal (“RPC”), located on the Gunnison River near its confluence with the Colorado River. The RPC is located approximately 16 miles downstream of the confluence of Kannah Creek and the Gunnison River. Calls could potentially be placed by the RPC under either its 670 cfs senior right (adjudication date 07-22-1912; appropriation date 07-31-1905) or its 80 cfs junior right (adjudication date 07-21-1959; appropriation date 06-26-1941). Based on discussions with Mr. Bob Hurford (Division Engineer, Water Division 4), potential call periods for the RPC right are defined as the periods during which calls could have been placed by RPC in response to the extreme drought conditions experienced in calendar years 2002 and 2003.Streamflow date reported for the USGS gaging station located on the Gunnison River at Whitewater (Station ID 09152500; Station Name: Gunnison River near Grand Junction) were used to identify the periods during which calls could have been placed by RPC during calendar years 2002 and 2003. The USGS streamflow data were adjusted to account for conveyance losses within the reach between the gage station and the RPC diversion, a distance of approximately 12 miles. A conveyance loss of 0.5% per mile, or 6%, was used for the adjustment per Water Division 4 guidance. Therefore, the resulting streamflows represent the flows available for diversion at the RPC. The call periods correspond to the maximum number of days for any given month over the two year period when Gunnison River flows at the RPC diversion were less than the decreed amounts for the rights. The potential call period for the senior RPC right reflects river flows less than 670 cfs. The potential call period for the junior RPC right reflects river flows less than 750 cfs, but greater than 670 cfs. The potential call periods for the RPC rights are presented in Table 3 to the Application (“Call Periods”). During the Call Periods, Applicants will provide augmentation and replacement water necessary to meet the lawful requirements of senior appropriators, to the extent such appropriators will be deprived of water by the out-of-priority depletions from the Pit Lake, by purchasing 9 acre feet of water for release to the Gunnison River from the Blue Mesa Reservoir pursuant to a long-term contract with the BOR. Table 4 to the Application provides the schedule of augmentation water releases during Call Periods. The Applicants propose the following procedures for implementing this Plan for Augmentation: During the Call Periods, the water released from Blue Mesa Reservoir will be made upon the order of the Division Engineer in an amount and at a rate deemed sufficient by the Division Engineer to replace the out-of-priority depletions, up to the total amount for which Applicant has contracted. Water accounting and reporting sheets will be developed and approved by the Division Engineer and will be submitted on a schedule acceptable to the Division Engineer. Applicants will install such measuring devices as may reasonably be required by the Division Engineer to facilitate the operation of this plan of augmentation and to assure compliance herewith. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: None. The Pit Lake is located on the Property Owner’s property. Applicants request that the Court enter a decree approving this Application, awarding the water right to the Applicants as claimed herein, approving the plan for augmentation right described herein, and granting such other relief as may be proper and appropriate. (20 pages). MESA COUNTY.

CASE NO. 2019CW3075 (REF NO. 12CW114). Name, address, and telephone number of Applicant: Link, LLC, 1641 CR 771, Ohio City, CO 81237; telephone no. 970-641- 5845. Please direct all correspondence to Kendall K. Burgemeister, Atty. Reg. #41593 525 North Main Street Gunnison, CO 81230, (970) 641-1903, [email protected]. Application to Make Conditional Rights Absolute In Part and for Finding of Reasonable Diligence. Name of right: VBC Pond. Legal description of outlet: A point in the NE1/4SW1/4, Section 3, Township 49 North, Range 1 East, N.M.P.M., 2210 feet from the south section line and 1310 feet from the west section line. (NAD83, Zone 13, 338425mE, 4266957mN). This location is indicated on the map attached as Exhibit A. Source: Tomichi Creek, a tributary of the Gunnison River; and / or groundwater tributary to Tomichi Creek. Appropriation Date: October 27, 2011. Amount: Volume 8.0 acre-feet (conditional) Maximum Rate of Diversion: 0.403 cfs (conditional). Uses: Recreational, fishery, fire protection, and augmentation of depletions from commercial, industrial, domestic, irrigation, and livestock uses pursuant to the Plan for Augmentation decreed in Case No. 12CW114. Name of right: VBC Well Field. The Vista Business Center property, being a tract of land containing approximately 28 acres within the NW1/4SW1/4 and SW1/4NW1/4 of Section 3, Township 49 North, Range 1 East, New Mexico Principal Meridian, Gunnison County, Colorado. Source: Groundwater tributary to Tomichi Creek, tributary to the Gunnison River. Appropriation Date: October 27, 2011, change decreed September 3, 2015. Amount: 240 gallons per minute; to be diverted cumulatively by no more than 12 individual wells to be constructed within the VBC Well Field. The VBC Well Field, Vader Domestic Well, and Dan Vader Stockwater Well will cumulatively divert a maximum of 9.79 acre-feet per year. Uses: Commercial, industrial, domestic inside 13 single family dwellings, irrigation of 0.59 acres and livestock purposes (combined with the Vader Domestic Well and Dan Vader Stockwater Well). Name of right: Griffing No. 2 Ditch Enlargement. Location: The decreed point of diversion is a point on the North Bank of Tomichi Creek at a point whence the North quarter corner Section 11, Township 49 North, Range 1 East, N.M.P.M., bears North 74° East 670 feet. According to the Consultation Report, the point of diversion is actually located in the SE1/4NE1/4 of said Section 11, 1646 feet from the north section line and 272 feet from the east section line (NAD 83, Zone 13, 341135mE, 4265742mN). Source: Tomichi Creek, a tributary of the Gunnison River. Appropriation Date: October 27, 2011. Amount: 0.403 cfs. (cumulative with the McCanne No. 2 (a/k/a Lando No. 3) Ditch Enlargement, VBC Pump and Pipeline, and VBC Pond Filling Well). Uses: Filling and refilling of the VBC Pond, in priority, for subsequent recreational, fishery, and fire protection uses, and the augmentation of commercial, industrial, domestic, irrigation and livestock uses pursuant to the Plan for Augmentation decreed in Case No. 12CW114. Name of right: McCanne No. 2 (aka Lando No. 3) Ditch Enlargement. Location: The decreed point of diversion is a point on the North Bank of Tomichi Creek, at a point whence the North quarter corner of Section 12, Township 49 North, Range 1 East, N.M.P.M., bears North 22° East 2860 feet. According to the Consultation Report, the point of diversion is located in the NW1/4SW1/4 of said Section 12, 2517 feet from the south section line and 842 feet from the west section line (NAD 83, Zone 13, 341468mE, 4265382mN). Source: Tomichi Creek, a tributary to the Gunnison River. Appropriation Date: October 27, 2011. Amount: 0.403 cfs. (cumulative with the Griffing No. 2 Ditch Enlargement, VBC Pump and Pipeline, and VBC Pond Filling Well). Uses: Filling and refilling of the VBC Pond, in priority, for subsequent recreational, fishery, and fire protection uses, and the augmentation of commercial, industrial, domestic, irrigation and livestock uses pursuant to the Plan for Augmentation decreed in Case No. 12CW114. Name of right: VBC Pump and Pipeline. Location: The decreed point of diversion is a point on the North Bank of Tomichi Creek, at a point whence the North quarter corner of Section 12, Township 49 North, Range 1 East, N.M.P.M., bears North 22° East 2860 feet. According to the Consultation Report, the point of diversion is located in the NW1/4SW1/4 of said Section 12, 2517 feet from the south section line and 842 feet from the west section line (NAD 83, Zone 13, 341468mE, 4265382mN). Source: Tomichi Creek, a tributary to the Gunnison River. Appropriation Date: October 27, 2011. Amount: 0.403 cfs. (cumulative with the Griffing No. 2 Ditch Enlargement, McCanne No. 2 (a.k.a. Lando No. 3) Ditch Enlargement, and VBC Pond Filling Well). Uses: Filling and refilling of the VBC Pond, in priority, for subsequent recreational, fishery, and fire protection uses, and the augmentation of commercial, industrial, domestic, irrigation and livestock uses pursuant to the Plan for Augmentation decreed in Case No. 12CW114. Name of right: VBC Pond Filling Well. Location: NE1/4SW1/4, Section 3, Township 49 North, Range 1 East, N.M.P.M., 2480 feet from the south section line and 1450 feet from the west section line. Source: Groundwater tributary to Tomichi Creek, tributary to the Gunnison River. Appropriation Date: October 27, 2011. Amount: 0.111 cfs (50 gallons per minute) (conditional), as an alternate point of diversion for the Griffing No. 2 Ditch Enlargement, McCanne No. 2 (a/k/a Lando No. 3) Ditch Enlargement, and VBC Pump and Pipeline. The VBC Pond Filling Well will not be used to provide refreshing flows to the VBC Pond, however, it may be used to fill and refill the VBC Pond in accordance with the decree in Case No. 12CW114. Uses: Filling and refilling of the VBC Pond, in priority, for subsequent recreational, fishery, and fire protection uses, and the augmentation of commercial, industrial, domestic, irrigation and livestock uses pursuant to the Plan for Augmentation decreed in Case No. 12CW114. Name of right: Vader Domestic Well. Location: The decreed location is the NW1/4SE1/4SW1/4SW1/4 of Section 3, Township 49 North, Range 1 East, N.M.P.M. The actual location of the well is a point in the SW1/4NW1/4, Section 3, Township 49 North, Range 1 East, N.M.P.M., 1,999 feet from the north section line and 840 feet from the west section line (338289mE, 4267250mN, Zone 13S, NAD 83). Source: Groundwater tributary to Tomichi Creek, a tributary to the Gunnison River. Appropriation Date: October 27, 2011. Amount: The VBC Well Field, Vader Domestic Well, and Dan Vader Stockwater Well will cumulatively divert approximately 9.79 acre-feet per year. Uses: Commercial, industrial, domestic use inside 13 single family dwellings, irrigation of 0.59 acres and livestock purposes (combined with the VBC Well Field and Dan Vader Stockwater Well). Name of right: Dan Vader Stockwater Well. Location: The decreed location is the NW1/4SE1/4SW1/4NW1/4 of Section 3, Township 49 North, Range 1 East, N.M.P.M. The actual location of the well is a point in the SW1/4NW1/4, Section 3, Township 49 North, Range 1 East, N.M.P.M., 2,026 feet from the north section line and 588 feet from the west section line (338212mE, 4267243mN, Zone 13S, NAD 83). Source: Groundwater tributary to Tomichi Creek, a tributary to the Gunnison River. Appropriation Date: October 27, 2011. Amount: The VBC Well Field, Vader Domestic Well, and Dan Vader Stockwater Well will cumulatively divert approximately 9.79 acre-feet per year. Uses: Commercial, industrial, domestic use inside 13 single family dwellings, irrigation of 0.59 acres and livestock purposes (combined with the VBC Well Field and Dan Vader Stockwater Well). Name of right: VBC Blue Mesa Exchange. Lower Terminus: Blue Mesa Reservoir. The initial point of survey of Blue Mesa Dam is located at a point on the right abutment being the intersection of the center line of the axis of the dam and of the center line of the outlet works tunnel, being a point whence the Southwest corner of Section 31, Township 49 North, Range 4 West, N.M.P.M. bears North 78°36’44” West a distance of 3,207.07 feet. Upper Terminus: The point of diversion for the Lando No. 3 ditch, as described above. The stream reach between the Upper and Lower Termini shall be referred to as the Exchange Reach. Water will also be diverted at the Griffing No. 2 ditch, VBC Pond Filling Well, and VBC Pump and Pipeline points of diversion, all as described above and which lie within the Exchange Reach. Source of Substitute Supply: Water stored in Blue Mesa Reservoir and leased from the United States Department of the Interior, Bureau of Reclamation. Appropriation Date: September 27, 2012. Amount: Maximum rate: 1.016 cfs (based on the summation of the maximum rate of filling the VBC Pond, the maximum rate of diversion of the VBC Well Field, and the decreed rates of diversion of the Vader Domestic Well and Dan Vader Stockwater Well). Maximum volume exchanged per year: 8.0 acre-feet. Uses: Augmentation by exchange for the filling and refilling of the VBC Pond, when the exchange is in priority, for subsequent recreational, fishery, and fire protection uses, and the subsequent augmentation of commercial, industrial, domestic, irrigation, and livestock uses. Applicant seeks to make the VBC Pond absolute. Date applied to beneficial use: Approximately September 21, 2017. Amount: Volume 8.0 acre-feet. Maximum Rate of Diversion: 0.403 cfs. Uses: Recreational, fishery, fire protection, and augmentation of depletions from commercial, industrial, domestic, irrigation, and livestock uses pursuant to the Plan for Augmentation decreed in Case No. 12CW114. Applicant seeks a finding of reasonable diligence with respect to the remaining conditional water rights. An outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use is included in the Application on file with the Court. The owner of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: Lot 3: Alphonse O. Taramarcaz and Carolyn L. Taramarcaz, 2509 County Road 46, Gunnison, CO 81230. Lot 5: Darin Slattengren, 1578 N Alaniu Pl, Kihei, HI 96753-8007. Lot 8: Curtiss Krill Inc, 305 Buckley, Crested Butte, CO 81224-9792. All others: Applicant. GUNNISON COUNTY.

CASE NO. 2019CW3076 (REF NO, 10CW204), San Miguel County, South Fork of San Miguel River. Skyline Ranch Trust, LLC c/o Mark E. Hamilton, Esq. and Tarn Udall, Esq., Holland & Hart LLP, 600 East Main Street, Suite 104 Aspen, Colorado 81611, (970) 925-3476,email: [email protected], [email protected]. Application for Findings of Reasonable Diligence and to Make Certain Conditional Water Rights Absolute. (1) Name of Structure: Skyline Ranch South Turkey Creek Diversion. Orig. decree: 10CW204, Water Div. 4, 10/15/2013. Location: the headgate is located at a point on the left or southwest bank of South Turkey Creek described as follows: UTM Zone 13, NAD 83, Northing 4197633.50102, Easting 246818.44108; alternative description: a point in the NE1/4 NE1/4 of Sec. 20, T. 42 N., R. 9 W. of the N.M.P.M., approx.. 1,289 ft south of the N. sec. line and 794 ft W. of the East sec. line of said Sec 20. Source: South Turkey Creek, trib. to Turkey Creek, trib. to the San Miguel River. Approp. date: 01/31/2009. Amount: 2.25 cfs, abs.; 1.25 cfs cond. Uses: direct flow irrigation, stock and wildlife watering, and to fill any storage capacity in Hiker Lake, Fisherman Lake, Skyline Pond, and Horse Pond for subsequent irrigation, piscatorial, stock and wildlife watering, firefighting and augmentation uses, including maintenance of freshening flows through storage structures and to refill these structures, as described in paragraphs 8- 14 of the final decree in 10CW204. (2) Name of structure: Horse Pond. Orig. decree: 10CW204, Water Div. 4, 10/15/2013. Location of dam (outlet): UTM Zone 13, NAD 83, Northing 4198236.85626; Easting 246435.97075; alternative description: a point in the SW1/4 SE1/4 of Sec. 17, T. 42 N., R. 9 W. of the N.M.P.M. approx. 662 ft N. of the S. sec. line and 2,072 ft W. of the E. sec. line of said Sec. 17. Source: diversions from South Turkey Creek through the Skyline Ranch South Turkey Creek Diversion as described above, as well as precipitation and runoff trib. to the pond location. Approp. date: 01/31/2009. Amount: 3.3 acre-feet abs., 2.7 acre-feet cond. Surface area: 0.6 acres. Dam height: 6.0 feet. Uses: irrigation, piscatorial, stock and wildlife watering, firefighting, augmentation, and to maintain freshening flows through the Skyline Pond and related water features described in 10CW204 when in priority for subsequent application to such uses. (3) Name of structure: Black Hawk Tunnel Spring Reservoir. Orig. decree: 10CW204, Water Div. 4, 10/15/2013. Location of dam outlet: UTM Zone 13, NAD 83; Northing 4196898.0000; Easting 248529.0000; alternative description: NE1/4 SE1/4 of Sec. 21, T. 42 N., R. 9 W. of the N.M.P.M., at a point approx. 1,791 ft N. of the S. sec. line and 51 feet west of the E. sec. line of said Sec. 21. Source: discharge from a spring at the outlet of the Black Hawk Tunnel Mine, which has a decreed point of diversion in the NW1/4 SW1/4 of Sec. 22, T. 42 N., R. 9 W. of the N.M.P.M., 3,335 ft from the N. sec. line and 1,270 ft from the W. sec. line of said Sec. 22, the reservoir also stores precipitation and runoff trib. to the reservoir. Approp. date: 07/09/2010. Amount: 15.0 acre-feet, cond. Surface area: 2.0 acres. Dam height: < 10 feet. Dam length: 1100 feet. Uses (in addition to the uses previously decreed to the reservoir in Case No. 95CW204): augmentation and for direct delivery to the South Turkey Creek Diversion for the uses on the Skyline Ranch described for that structure above. (4) Name of Structure: Trout Lake Reservoir, Skyline Enlargement. Orig. decree: 10CW204, Water Div. 4, 10/15/2013. Location of dam: on the Lake Fork of the San Miguel River, trib. to the South Fork of the San Miguel River, trib. to the San Miguel River in San Miguel County, Colorado, at a point identified in the Division of Water Resources database as follows: UTM Zone 13 NAD 83, Northing 4190829.3, Easting 245806.7; alternative description: a point in the NE1/4 SW1/4 of Sec. 8, T. 41 N., R. 9 W. of the N.M.P.M., approx.. 2,274 ft. N. of the S. sec. line and 1,591 ft. E. of the W. sec. line of said Sec. 8. Source: Lake Fork of the San Miguel River. Approp. date: 12/17/2010. Amount: 15.0 acre-feet. Use: augmentation of water uses on the Skyline Ranch as described in final decree in 10CW204, including use by exchange. Addl. information: Trout Lake was originally decreed with a water storage right in the amount of 3,186 acre-feet on 11/01/1939 in C. A. 4641, Montrose County Dist. Court. (5) Name of structure: Skyline Creek Exchange. Orig. decree: 10CW204, Water Div. 4, 10/15/2013. Location: the upper terminus is the common headgate of the Chautauqua/Enterprise/Main Service Ditch as described in Consolidated Case Nos. W-248, W-249 and W-285 and more precisely described as follows: UTM Zone 13, NAD 83, Northing 4197385, Easting 246595. The lower terminus is the confluence of Skyline Creek and the South Fork of the San Miguel River, located as follows: UTM Zone 13, NAD 83, Northing 4198436.0, Easting 244315.0. Amount: max. rate: 1.5 cfs; max. volume: 15.0 acre-feet/yr. Approp. date: 12/30/2010. The application seeks findings of reasonable diligence as to all amounts and uses decreed conditionally in 10CW204. In addition, the application requests that the following amounts and uses be decreed absolute:(1) Black Hawk Tunnel Spring Reservoir: Applicant has stored the full 15.0 acre-feet of water conditionally decreed to Black Hawk Tunnel Spring Reservoir, with a first fill occurring on or before 06/24/2019. Pursuant to C.R.S. § 37-92-301(4)(e), Applicant requests that the conditional water storage right decreed in 10CW204 for this structure be made fully absolute and unconditional in the amount of 15.0 acre-feet for all decreed uses. (2) Trout Lake Reservoir, Skyline Enlargement. 15.0 acre-feet of water conditionally decreed to Trout Lake Reservoir, Skyline Enlargement was stored and released in 2017 in connection with the Skyline Ranch plan for augmentation approved in 10CW204. Pursuant to C.R.S. § 37-92- 301(4)(e), Applicant requests that the conditional water storage right decreed in 10CW204 for this structure be made fully absolute and unconditional in the amount of 15.0 acre-feet for all decreed uses. (3) Skyline Ranch Exchange: As set forth above, 15.0 acre-feet of water stored in Trout Lake Reservoir, Skyline Enlargement, was released in 2017 in connection with the Skyline Ranch plan for augmentation approved in 10CW204, which water was then exchanged from the South Fork of the San Miguel River up Skyline Creek. The maximum rate of exchange during these periods was up to 1.0 c.f.s. Applicant therefore requests that the conditional appropriative right of exchange for the Skyline Ranch Exchange be made fully absolute and unconditional in the amount of 1.0 c.f.s, with a max. volume of 15.0 acre-feet, for all decreed uses, and that the additional 0.5 c.f.s. exchange rate decreed conditional to this exchange remain in full force and effect for an additional diligence period for all decreed uses. Land ownership: all structures are located on Applicant’s property, except Trout Lake Reservoir, which is located on lands owned by: Xcel Energy, 4653 Table Mountain Drive, Coors Technology Center, Golden, CO 80383. A detailed outline of activities and expenditures during the last diligence period is included in the application. (10 pages). SAN MIGUEL COUNTY.

CASE NO. 2019CW3077 1. Name, address, telephone number of applicant: United States of America, Department of the Interior, Bureau of Land Management, Gunnison Field Office, 210 Spencer Avenue, Suite A, Gunnison, CO 81230 2. Name of structures: Seven Mile Spring 3. Legal description of each point of diversion: All UTM data are from Zone 13S and use the NAD83 (Conus) Datum. Located on public lands in the SE 1/4 NE 1/4, Section 4, T45N R2W, N.M.P.M., approximately 2,709 feet from the south section line and 1,137 feet from the east section line. 316482mE 4227770mN 4. Source: Unnamed tributary to East Fork Powderhorn Creek / Powderhorn Creek / Cebolla Creek / Gunnison River 5. A. Date of appropriation: 10/31/2019 B. How appropriation was initiated: The Bureau of Land Management (“BLM”) planned and designed the proposed project, and provided public notice of the appropriation via submission of a water right application to the water court. C. Date water applied to beneficial use: NA 6. Amount claimed: 0.033 cfs, conditional 7. Use: Livestock watering for up to 150 cattle and horses on the Powderhorn Grazing Allotment and wildlife watering for deer, , , small mammals, and birds. 8.Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Gunnison Field Office, 210 West Spencer Ave., Suite A, Gunnison, CO 81230. GUNNISON COUNTY.

YOU ARE FURTHER NOTIFIED THAT you have until the last day of December, 2019 to file with the Water Clerk a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $192.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401