Division 5 Water Court- February 2015 Resume 1

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DIVISION 5 WATER COURT- FEBRUARY 2015 RESUME

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3008 MESA COUNTY - COLORADO RIVER; R&P Sturdevant Family Trust; c/o Jill T. Norris, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5874; Application for Surface Water Right; Name, mailing address, and telephone number of applicant: R&P Sturdevant Family Trust; 2216 L Road, Grand Junction, Colorado 81505; 970-245-3694; Name of structure: Sturdevant Spring; Legal description of point of diversion: The Sturdevant Spring is located in the NW¼ SW¼ of Section 6, Township 1 North, Range 1 West of the Ute Principal Meridian 1,783 feet from the south section line and 1,013 feet from the west section line; Source: Surface flows tributary to the Colorado River; Information regarding appropriation: Appropriation date: March 1, 2010; How appropriation was initiated: By permitting stock to drink from the spring, measuring the amount of flow for the spring, and locating point of diversion; Date applied to beneficial use: March 1, 2010; Amount claimed: 10 gallons per minute absolute; Use: Stock watering, absolute; (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3009 PITKIN COUNTY, PINE CREEK, TRIBUTARY TO CASTLE CREEK, ROARING FORK RIVER AND COLORADO RIVER, Application for Surface Water Right, Storage Right, Plan for Augmentation and Exchange of John and Juliet Wilcox, P.O. Box 7817, Aspen, CO 81611; contact Craig Corona, Esq., CORONA WATER LAW, 420 E. Main St., Ste. 203, Aspen, CO 81611, [email protected], (970)948-6523; First Claim: Montezuma Ditch and Pipeline. Location: SW NE Sect. 6, T12S, R84W, 6th P.M. 1,724 feet from the north line and 1,957 feet from the east line, Pitkin County; 12725 Castle Creek Rd., Aspen; Source: Pine Creek; Appropriation date: 2/12/15, by filing this application; Amount: 50 gpm, conditional for direct use; 1 cfs, conditional for delivery to storage; Uses: indoor use in seven commercial guest cabins, irrigation, and delivery to storage for subsequent release to augmentation or directly to indoor commercial use; Area proposed to be irrigated: 1 acre within the property with street address 12725 Castle Creek Rd., Aspen. Second Claim: Montezuma Storage Tanks. Location: SW NE Sect. 6, T12S, R84W, 6th P.M. 1,648 feet from the north line and 1,764 feet from the east line; Pitkin County. Source: Pine Creek; Filled by Montezuma Ditch and Pipeline with 1 cfs capacity. Appropriation date: 2/12/15 by filing this application; Amount: 35,000 gallons, 0.107 acre-feet, conditional; Uses: augmentation and indoor commercial use in seven overnight guest cabins. Place of use: 12725 Castle Creek Rd., Aspen, CO 81611. Third Claim: Plan for Augmentation; Augmented Structure: Montezuma Ditch and Pipeline; Augmentation Water Rights: Montezuma Storage Tanks; Basalt Water Conservancy District water allotment contract providing water pursuant to the following water rights: Green Mountain Reservoir in all or parts of Sections 11, 12, 13, 14, 15, and 24 of T2S R80W, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, T2S R79W, 6th P.M.; Ruedi Reservoir in Sections 7, 8, 9, 11, and 14 through 18, T8S R84W, 6th P.M.; Troy and Edith Ditch in SE SE, S. 14 T8S R84W, 6th PM; SW SW, S. 12, T8S R84W, 6th PM.; Robinson Ditch on north bank Roaring Fork River ½ mile below Sopris Creek in Section 11, T8S, R87W, 6th P.M. A full description of the District’s water rights is on file with the court. For replacement of out-of-priority depletions, Applicants may use the sources described above and/or other additional sources acquired in the future and added to this augmentation plan in accordance with statutory procedure. Statement of plan for augmentation and exchange: Applicants will replace all out-of-priority depletions from indoor use in up to seven guest cabins by release of water pursuant to its Basalt Water Conservancy District water allotment contract and/or from the Montezuma Storage Tanks. Applicants’ consulting engineer estimates Applicants’ annual out-of-priority depletions will not exceed one-half acre-foot. Applicants will not augment irrigation use from the Montezuma Ditch and Pipeline. All diversions to irrigation from this structure will be curtailed in times of a senior call administered by the Division Engineer. Fourth Claim: Montezuma Exchange; Upstream terminus: Montezuma Ditch and Pipeline point of diversion described above; Downstream termini: The exchange will operate from one of three downstream termini depending on the source from which the Basalt Water Conservancy District releases water pursuant to Applicants’ contract. 1. Confluence, Roaring Fork River and Colorado River located in SE NW Sect. 9, T6S, R89W 6th P.M. 2,200 feet from the north section line and 2,350 feet from the west section line. 2. Confluence Roaring Fork and Fryingpan Rivers located in SW SE Sect. 7, T8S, R86W, 6th P.M., 1,440 feet from the east section line, 750 feet from the south section line. 3. Robinson Ditch described above. Upstream Source: Pine Creek; Downstream Source: releases from Basalt Water Conservancy District water rights described above. Appropriation date: 2/12/15 by filing this application; Amount: 1 gpm, conditional; 0.15 acre-feet, conditional; Use: Exchange; Applicants will divert at the Montezuma Ditch and Pipeline while causing releases to be made downstream pursuant to their Basalt Water Conservancy District allotment contract in the amounts of their out-of- priority depletions. Applicants own the land on which all new structures will be constructed and on which water will be stored. Maps FEBRUARY 2015 RESUME WATER DIVISION 5 PAGE 2 are on file with the court. Complete copies of the application and all exhibits can be obtained by contacting Craig Corona, (970) 948- 6523, [email protected]. (16 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3011 EAGLE COUNTY, EAGLE RIVER OR ITS TRIBUTARIES. Application for Change of Water Right. Stuart Camps, Inc., c/o Meghan N. Winokur, Esq., Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, Colorado 81601, (970) 925- 3476, [email protected]. Structure: Anderson Camp Well No. 4. Previous Decrees: 4/9/2001, Case No. 99CW307 in Water Div. No. 5. Legal Description: The decreed legal description for the subject water right is in the SW 1/4 NW 1/4 of Section 9 T4S., R86W. of the 6th P.M. 1650 ft from the N section line, 3640 ft from the E section line. The actual location of Well No. 4 is within 200 ft of the decreed location, in the SE 1/4 NW 1/4 of Section 9, T4S, R86W. of the 6th P.M., 1740 ft from the N section line, 3465 ft from the E section line. The decreed and actual locations of the subject water right are shown on the map attached as Exhibit A to the Application. Source: Ground water tributary to Sweetwater Creek, tributary to the Colorado River. Approp. Date: 9/30/1995. Amount: 0.067 cfs, absolute. Uses: domestic, commercial, recreation, livestock, fire protection, and other beneficial uses associated with the operation of a recreational camp and resort. Description of Proposed Change: Applicant proposes to change the subject water right to add an alternate point of diversion at a supplemental well known as Anderson Camp Well No. 4s, located within 200 feet of the decreed location for the subject water right in the SE 1/4 NW 1/4 of Section 9, T. 4S., R. 86 W. of the 6th P.M., 1715 feet from the North section line, 3605 feet from the East section line, as shown on Exhibit A to the Application. The requested alternate point of diversion will provide Applicant with mechanical reliability in the operation of its existing physical system for the Anderson Camp. No change in amount, type or place of use of the subject water ris proposed. Diversions from Well Nos. 4 and 4s will be limited to a cumulative rate of 0.067 c.f.s. Out-of-priority depletions associated with use of the subject water right will continue to be augmented under the plan for augmentation decreed in Case No. 99CW307. Land Ownership: Applicant. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3012 EAGLE COUNTY. GYPSUM CREEK, EAGLE RIVER. Town of Gypsum, c/o Patrick, Miller & Noto, P.C., 229 Midland Avenue, Basalt, CO 81621, Kevin L. Patrick, Esq. and Jason M. Groves, Esq., (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: For Finding of Reasonable Diligence. Name of structure: Little G Intake, First Enlargement. Description of conditional water right: Date of original Decree: February 20, 2009. Case No. 03CW325. Court: District Court, Water Division No. 5. Legal description: Little G Intake, First Enlargement is located at a surveyed location within 200 feet of the original decreed location, at a point in the NE¼ SE¼ of Section 5, Township 6 South, Range 85 West, of the 6th P.M., whence the East ¼ Corner of said Section 5 bears North 09o34’37” East a distance of 974 feet (Eagle County). Source: Gypsum Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: December 31, 2003. Amount: 7.5 c.f.s., conditional. Use: All year-round municipal purposes, including but not limited to domestic, commercial, industrial, fire protection, irrigation, street washing and dust suppression. A detailed outline of work completed toward completion of the appropriation is on file with the Court. The Little G Intake, First Enlargement is located on land owned by the Marguerite G. Colliton Family Partnership, LLLP, 1895 Cantwell Grove., Colorado Springs, CO 80906-06911, and the water is or will be placed to beneficial use within the municipal limits of the Town of Gypsum. Second Claim: For Finding of Reasonable Diligence. Name of exchanges: Colorado River Water Exchange. Eagle River Water Exchange. Stratton and Company Return Flow Exchange. Description of conditional water rights: Date of original Decree: February 20, 2009. Case No. 03CW325. Court: District Court, Water Division No. 5. Legal descriptions: Colorado River Water Exchange: Downstream terminus for Reudi Reservoir Exchange Reach: The confluence of the Roaring Fork and Colorado Rivers. Downstream terminus for Wolford Reservoir Exchange Reach: The confluence of the Colorado FEBRUARY 2015 RESUME WATER DIVISION 5 PAGE 3 and Eagle Rivers. Upstream termini: Little G Intake is located at a surveyed location within 200 feet of the original decreed location, at a point in the NE¼ SE¼ of Section 5, Township 6 South, Range 85 West, of the 6th P.M., whence the East ¼ Corner of said Section 5 bears North 09o34’37” East a distance of 974 feet (Eagle County). The Norgaard Ditch, Town Enlargement headgate, located in the NW¼ NW¼, Section 8, Township 5 South, Range 85 West, of the 6th P.M. on the east bank of Gypsum Creek at a point whence the Northwest Corner of Section 8, Township 5 South, Range 85 West, 6th P.M. bears North 79°30' West, a distance of 1510 feet (said structure is also located 1550 feet from the west section line and 250 feet from the north section line of said Section 8)(Eagle County). The Town of Gypsum Gravity System Water Works located at a point whence the East Quarter Corner of Section 5, Township 6 South, Range 85 West of the 6th P.M. bears North 9°38' East 1012.96 feet, and changed to the point on Mosher Creek whence the Section Corner common to Sections 9, 10, 15 and 16, Township 6 South, Range 85 West of the 6th P.M., bears North 11°18’ West 3778.3 feet (Eagle County). The Eye Lake Supply Ditch, as changed in Case No. 02CW235, located at a point on an unnamed stream tributary to an unnamed tributary within the Gypsum Creek drainage which delivers water into the LEDE Reservoir described as: 500 feet west and 1530 feet south of the Southwest Corner of Section 1, Range 84 West, Township 7 South of the 6th P.M. The Gypsum Eagle River Pumping Pipeline the headgate of which is located on the south bank of the Eagle River in the NW¼ NW¼ of Section 5, Township 5 South, Range 85 West, 6th P.M., at a point whence the NW Corner of said Section 5 bears North 37°30' West a distance of 1730 feet (Eagle County). LEDE Reservoir located 860 feet west and 125 feet south of the Southwest Corner of Section 1, Range 84 West, Township 7 South of the 6th P.M. Eagle River Water Exchange: Downstream terminus: The confluence of Gypsum Creek and the Eagle River. Upstream termini: Same as described in Paragraphs 7.B.i.c.I-VI above. Stratton and Company Return Flow Exchange: Downstream terminus: The outfall of Applicant’s municipal wastewater treatment plant located 1370 feet south of the north section line and 2443 feet west of the east section line in Section 6, Township 5 South, Range 85 West of the 6th P.M. (Eagle County). Upstream termini: The Little G Intake, the Norgaard Ditch, the Town of Gypsum Gravity System Water Works, and the LEDE Reservoir described in Paragraphs 7.B.i.c.I, II, III & VI above. Source: Wolford Mountain Reservoir, Ruedi Reservoir, Eagle Park Reservoir Project, Homestake Project, Camp Hale Project, and the water rights associated with each of these structures as listed in the 03CW325 Decree. Appropriation dates: Colorado River Water & Eagle River Water Exchanges: July 14, 1998. Stratton and Company Return Flow Exchange: June 30, 2005. Amounts: Colorado River Exchange: 206 acre-feet at a maximum flow rate of 7.5 c.f.s., cumulative, as needed via either reach. Eagle River Exchange: 46.8 acre-feet at a maximum flow rate of 7.5 c.f.s.. Stratton and Company Return Flow Exchange: Consumptive use credits decreed to the Stratton and Company Ditch in Case No. 03CW325 will not be fully-consumed for municipal purposes. Applicant seeks to exchange any and all return flows from the consumptive use credits after the initial municipal use for the acre-feet maximum flow rate shown in the table on file with the Court. The actual amount available for exchange will vary and will be calculated using the estimated depletion formula represented in the accounting on file with the Court, as such depletions are adjusted over time. The exchange water will be available for direct reuse or for storage for later use in the Applicant’s municipal system one time after the consumptive use credits’ initial municipal use. Use: Substitution and exchange. A detailed outline of work performed toward completion of the appropriation and the application of water to the conditional uses decreed during the relevant diligence period, including expenditures is on file with the Court. Remarks: The exchanges shall be subject to the minimum instream flows decreed to the Colorado Water Conservation Board in Case Nos. 80CW116, 80CW117, and 80CW124. (11 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3013 EAGLE COUNTY, EAGLE & COLORADO RIVERS. Application for Surface Water Right, Water Storage Right, Water Storage Right, Approval of Plan for Augmentation, and Appropriative Right of Exchange. Bruce Tabb, c/o J. Houpt and R. Jarvis, Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Structure: Tabb Pipeline No. 1. Location: NW¼ SE¼, Sec 18, T 5 S, R 82 W, 6th PM, at a point 2,490 ft from S sec line and 2,070 ft from E sec line of said Sec 18. Source: East Lake Creek, trib to Lake Creek, trib to the Eagle & Colo Rivers. Appropriation date: 07/16/97. Date of beneficial use: 04/01/13. Amount: 0.17 c.f.s. (75 gpm), absolute. Uses: Irrigation and to fill and refill Allen Lot 2 Pond. Proposed irrigated acres: 4.59 acres. Irrigated location: Lots 2 and 3, Block 2, Lake Creek Meadows. Structure: Allen Lot 2 Pond First Enlargement. Location: SW¼ NE¼, Sec 18, T 5 S, R 82 W, 6th PM, at a point 2,175 ft from N line and 2,450 ft from E line of said Sec 18. Source: East Lake Creek, trib to Lake Creek, trib to Eagle & Colo Rivers. Ditch used to fill reservoir: Tabb Pipeline No. 1. Appropriation date: 07/16/97. Date of beneficial use: 07/01/14. Amount: 0.52 af with the right to continuously refill. Rate of diversion: 0.17 c.f.s. (75 gpm). Use: Recreation, aesthetic, piscatorial, stockwatering, and wildlife watering. Surface area: 0.18 acres. Vertical height: Less than 10 ft. Length: 180 ft. Total capacity: 0.52 af. Active capacity: 0.52 af. Dead storage: 0 af. Applicant will install a synthetic liner in the pond. Augmentation FEBRUARY 2015 RESUME WATER DIVISION 5 PAGE 4

Plan. Augmented Structures: Tabb Pipeline No. 1; Allen Lot 2 Pond First Enlargement; Allen Lot 3 Ditch decreed in 97CW262. Location: On the west bank of East Lake Creek in the NW1/4 SE1/4, Sec 18, T 5 S, R 82 W, 6th PM, at a point 2,550 ft from the S line of 2,050 ft from E line of said Sec 18. Appropriation date: 06/15/92. Amount: 2.0 cfs, absolute. Source: East Lake Creek. Uses: aesthetic and piscatorial. Water rights to be used for augmentation: water supply contract from the CRWCD in the amount of 2.0 af annually to be provided from: Wolford Mountain Reservoir: Case No. 87CW283. Decree date: 11/20/89. Location: SW¼ NE¼ of Sec 25, T 2 N, R 81 W, 6th PM. Source: Muddy Creek and its tributaries. Amount: 59,993 af. Appropriation date: 12/14/87. Case No. 95CW281. Decree date: 08/26/97. Source: Muddy Creek and its tributaries. Amount: 6,000 af. Appropriation date: 01/16/95. Case No. 98CW237. Decree date: 07/06/00. Location: Same as for 95CW281. Source: Muddy Creek and its tributaries. Amount: 30,000 af Appropriation date: 11/17/98. Ruedi Reservoir: CWRCD holds Contracts No. 009D6C0111, 009D6C0118, 039F6C0011, and 078DFC0106 from the USBR for 6,730 af. Location: Secs 7, 8, 9, 11 and 14 through 18, T 8 S, R 84 W, 6th PM, in Eagle and Pitkin Counties. Previous storage decrees: Civil Action No. 4613, W-789-76, 88CW85, 81CW34, 01CW269. Eagle Park Reservoir: CWRCD’s current supply consists of 2,000 shares of Class A, Series 2 stock in the Eagle Park Reservoir Company, which entitle CWRCD to up to 200 af from Eagle Park Reservoir and the Arkansas Well more particularly described as follows: Eagle Park Reservoir, decreed in Cases No. 92CW340 and 93CW301, for a combined total capacity of 27,600 af, with an appropriation date of 03/16/91, for 5300 af, and 05/18/93, for 22,300 af, together with the right to divert at the rate of 80 cfs under the 08/10/56 appropriation date of the Pando Feeder Canal pursuant to the decree in Case No. 97CW288. Eagle Park Reservoir is augmented by exchange by decree in 95CW348. The north abutment of the dam crest is located approx 160 ft N of the S sec line and 650 ft E of W sec line of Sec 28, T 7 S, R 79 W, 6th PM, Eagle County, Colorado. Source: East Fork of the Eagle River and water trib to Tenmile Creek a tributary of the Blue River. CWRCD’s 100 shares of Class B stock in the Eagle Park Reservoir Company entitle it to up to 100 af per year of consumptive beneficial use water to be derived from fully consumable water annually diverted by and/or stored in the following structures owned and controlled by Aurora and Colorado Springs’ Homestake Project. Homestake Reservoir was decreed by the Eagle County District Court in Civil Action No. 1193 for 83,338.98 af. This reservoir is located on Homestake Creek whence the NW Corner of Sec 31, T 7 S, R 80 W, 6th PM, bears N 58/30.6' E 24,659 ft from the E dam abutment and N 62/25.8' E 25,746 ft from the W dam abutment. Sources of supply of said Reservoir are the East Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. Camp Hale Project. Water may be released from those surface and ground water storage rights sought by Aurora and Colorado Springs in 88CW449 and 95CW272 Water Division No. 5. Additional Information for Homestake Project. The detailed descriptions of the structures may be found in the decree of the Eagle County District Court in CA 1193. Description of plan for augmentation: Applicant owns property adjacent to East Lake Creek and diverts water for use on the property through the Tabb Pipeline No. 1, Allen Lot 2 Pond, and Allen Lot 3 Ditch. Water is diverted from East Lake Creek at the Tabb Pipeline No. 1, and pumped into a pipeline that irrigates approx 0.82 acres of lawn and landscaping and 3.77 acres of pasture. The pipeline also feeds and fills the Allen Lot 2 Pond. Overflow from the pond is returned to East Lake Creek. Allen Lot 3 Ditch is an artificial stream feature with a water surface area of 0.04 acre that diverts water from East Lake Creek to provide flow through the ditch for aesthetic and piscatorial purposes, and returns the water to East Lake Creek reduced only by evaporation. Total estimated annual depletions are 2.04 af. Total estimated annual out-of-priority depletions are 1.62 af. When the water right for Tabb Pipeline No. 1 is out of priority, the use of water for pasture irrigation will cease until that water right is again in priority. Out-of-priority depletions will be replaced with water released from Wolford Mountain Reservoir, Ruedi Reservoir or Eagle Park Reservoir pursuant to a supply contract that provides Applicant with 0.7 af/year from Wolford Mountain Reservoir and 1.3 af/year from Eagle Park Reservoir (including transit losses). When a valid call placed by a downstream senior water right originates on the Eagle River between Lake Creek and the Colorado River, replacement water will be released from Eagle Park Reservoir. When a valid call placed by downstream senior water rights originates downstream of the confluence of the Eagle River and the Colorado River, replacement water will be released from Wolford Mountain Reservoir and/or Eagle Park Reservoir. If a valid call placed by downstream senior rights originates below the confluence of the Roaring Fork River and Colorado River, the replacement water may also come from Ruedi Reservoir. The augmentation plan will also utilize the following exchange. Structure: Tabb Exchange. Downstream terminus: Confluence of the Colorado & Roaring Fork Rivers. Upstream terminus: The upstream terminus is Tabb Pipeline No. 1. Appropriation date: 10/03/14. Max rate of exchange: 2.17 cfs, conditional. Owner of land: Applicant. (16 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3014 IN PITKIN COUNTY, COLORADO. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT, CONDITIONAL WATER STORAGE RIGHT AND APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE. FEBRUARY 2015 RESUME WATER DIVISION 5 PAGE 5

CONCERNING THE APPLICATION FOR WATER RIGHTS OF WESTBANK DEVELOPMENT, LLC. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and address of Applicant: Westbank Development, LLC (“Westbank”) 4200 Watersedge Cove, Austin, TX 78731. Direct all pleadings to: Kristin H. Moseley, William D. Wombacher, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Overview: Westbank seeks a conditional water storage right, a conditional surface diversion to fill the storage right, and approval of a plan for augmentation and appropriative right of exchange. 3. Claim for water storage right. a. Name of Structure: Westbank Pond b. Legal Description: The outlet structure of the pond is located in the SW ¼ of the SE ¼ of Section 35, Township 10 South, Range 85 West of the 6th P.M., at a point approximately 669 feet north of the South Section line and 1,580 feet west of the East Section line of said Section 35 (Pitkin County). A water right location map of the pond is attached as Figure 1. c. Source: Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. d. Filling Source: The Westbank Pond is filled from the Westbank Ditch for which a separate appropriation is sought herein and described below. e. Appropriation Date: September 4, 1999. The appropriation was initiated by the construction of the pond and the subsequent storage of water. f. Date applied to beneficial use: September 4, 1999. g. Amount: 2.60 a.f., conditional, with the right to freshening flows (fill and re-fill) when water is physically and legally available. h. Filling Rate: Up to 1.5 cfs from the Westbank Ditch. i. Uses: Piscatorial, wildlife, aesthetics, and fire protection. j. Surface Area: 0.68 acres, including inlet and outlet channels. k. Maximum height of dam in feet: Less than 10 feet. l. Length of dam: Approximately 450 feet. m. Total Capacity: 2.60 a.f. (2.40 a.f. active, 0.20 a.f. dead storage ). 4. Claim for new surface diversion. a. Name of Structure: Westbank Ditch. b. Legal Description: SW ¼ of the SE ¼ of Section 35, Township 10 South, Range 85 West of the 6th P.M., at a point approximately 226 feet north of the South Section line and 1,465 feet west of the East Section line of said Section 35 (Pitkin County). The headgate for the Westbank Ditch is shown on Figure 1. c. Source: Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. d. Appropriation Date: September 4, 1999. The appropriation was initiated by the construction of the Westbank Pond and use of the Westbank Ditch as a filling source. e. Date applied to beneficial use: September 4, 1999. f. Amount: 1.50 cfs, conditional. g. Uses: Storage in Westbank Pond for piscatorial, wildlife, aesthetics, and fire protection purposes and to provide freshening flows (fill and re-fill) to the Westbank Pond. 5. Claim for Approval of Plan for Augmentation and Appropriative Right of Exchange. a. Description of Water Right to be Augmented: Westbank Pond and Westbank Ditch, as described above in Paragraphs 3 and 4. b. Water right to be used as the Source of Augmentation Water. A Basalt Water Conservancy District (“BWCD”) Allotment Contract for up to 1.4 acre-foot from the following water rights for augmentation purposes. i. Green Mountain Reservoir: (1) Source: Blue River, tributary of Colorado River. (2) Legal description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. (3) Adjudication Date: October 12, 1955. (4) Appropriation Date: August 1, 1935. (5) Case Nos.: 2782, 5016, and 5017, Court: United States District Court, District of Colorado and Case No. 88CW022, District Court, Water Division No. 5. (6) Decreed Amount: 154,645 acre feet and a refill right in the amount of 3,856 acre feet absolute and 150,789 acre feet, conditional. (7) Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. ii. Ruedi Reservoir: (1) Source: Frying Pan River, tributary of Colorado River. (2) Legal description: an on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. (3) Adjudication Date: June 20, 1958. (4) Appropriation Date: July 29, 1957. (5) Case No.: C.A. 4613, Garfield County District Court. (6) Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3 acre feet; reduced to 102,369 acre feet in Case No. W-789-76). (7) Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering. (8) Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet of the refill right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre feet of the refill right was made absolute, for a total of 69,766 acre feet absolute in the refill right. iii. Information from previous decrees for Troy Ditch and Edith Ditch rights:

S PRIOR COU ADJ APP DECREE USE AMOUNT SOLD, TRANSFERRED AMOUNT T ITY RT DATE DATE D OR RESERVED REMAINING (10) R CASE AMOUN (4) (5) (6) (7) (8) (9) CFS AF U NO. T C (CFS) T U R E FEBRUARY 2015 RESUME WATER DIVISION 5 PAGE 6

T 370 3082 08/25/19 05/01/19 5.10 I 0.000 0.000 0.09 0.06 0.035 4.906 N/A r 36 06 5 4 o y D i t c h (1 ) T 427 3082 08/25/19 05/01/19 10.80 I 0.000 0.000 0.20 0.13 0.073 10.39 N/A r 36 28 0 4 3 o y D i t c h 1 s t E n l g T 669 4613 06/20/19 06/01/19 6.20 I 0.000 0.000 0.11 0.07 0.042 5.966 N/A r 58 42 5 7 o y D i t c h 2 n d E n l g E 353 3082 08/25/19 05/01/19 2.72 I 0.110 0.132 0.05 0.00 0.018 2.410 N/A d 36 04 0 0 0 i t h D i t c h FEBRUARY 2015 RESUME WATER DIVISION 5 PAGE 7

E 673 4613 06/20/19 07/01/19 3.23 I 0.000 0.000 0.06 0.00 0.022 3.148 N/A d 58 46 0 0 i t h D i t c h 1 s t E n l g T (2) W- 15.50(3) I,D, 0.110 0.132 0.52 0.27 0.190 14.27 412.89 r 2281 M 0 0 5 3 o C,P y D i t c h W a t e r S y s t e m

a k a L o w e r H e a d g a t e (1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. FEBRUARY 2015 RESUME WATER DIVISION 5 PAGE 8

80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. (1) In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. (2) The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. iv. Information from previous decrees for Robinson Ditch rights: STRUCTURE DECREE AMOUNT ADJ. DATE APP. DATE PRIORI CASE D OWNED TY NO. (2) AMOUNT BY BWCD / (cfs)(1) cfs ROBINSON 5. 1.21 05/11/1 06/15/1882 132 DITCH 00 889 38 ROBINSON 2. 0.60 05/11/1 04/15/1886 132 DITCH 50 889 140 ROBINSON 2. 0.48 05/11/1 11/15/1886 132 DITCH 00 889 167 ROBINSON 1 2.59 12/29/1 04/25/1899 1061 DITCH 0.70 903 212C ROBINSON 2 4.85 08/25/1 04/25/1900 3082 DITCH 0.06 936 326 (1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) District Court in and for Garfield County (1) Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. (2) Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. c. Description of the Plan for Augmentation and Appropriative Rights of Exchange: By this application, Westbank seeks to augment, either directly or by exchange, out-of-priority depletions associated with the Westbank Pond and Westbank Ditch. i. Augmentation Plan. To permit the requested out-of-priority depletions, Westbank proposes to cause the release of or otherwise commit to the Roaring Fork and Colorado Rivers from the BWCD contract water described above. The replacement water will be provided upstream of the location of the calling water right. The precise timing and amount of releases from BWCD shall be subject to administration by the Division Engineer and/or the Water Commissioner. ii. Depletions Assumption. It is assumed that all evaporative depletions from Westbank Pond are 100% consumptive. As denoted on the table attached hereto as Table 1, net annual evaporation is 30.70 inches per surface acre and the average total annual evaporation is 1.74 a.f. iii. Local Call Administration. During times of a call that cannot be satisfied by releases from Westbank’s BWCD contract, Westbank will cease diversions at the Westbank Ditch, cease storage in Westbank Pond, and will allow Westbank Pond to decrease in volume commensurate with evaporation. iv. Exchange Plan Reach. When an exchange is necessary to augment its out-of-priority depletions, Westbank seeks the right to operate the following appropriative right of exchange: Westbank seeks approval of a plan to augment by exchange out-of-priority depletions from Westbank Pond and Westbank Ditch pursuant to its contractual right to the delivery of the BWCD water described above. Downstream Termini: The points of replacement on the Roaring Fork and/or Colorado Rivers of the BWCD’s water rights listed in paragraph 5b above and described with particularity as follows: For the exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork and Colorado Rivers, located in the SE ¼ of the NW ¼ of Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point approximately 2,200 feet from the North Section line and 2,350 feet from the West Section line; For the exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork and Frying Pan Rivers located in the SW ¼ of the SE ¼ of Section 7, Township 8 South, Range 86 West of the 6th P.M., at a point 750 feet from the South Section line and 1,500 feet from the East Section line; and For the exchange of Robinson Ditch water: The headgate of the Robinson Ditch on the Roaring Fork River as described above. A map of the BWCD’s augmentation supplies is attached as Figure 2. Upstream Terminus: The headgate of the Westbank Ditch, described in paragraph 4b above. v. Exchange Plan Rate. The cumulative maximum rate of exchange is 0.02 cfs, not to exceed 1.40 a.f. on an annual basis. The exchange or any portion thereof described herein shall only operate in priority. vi. Priority Date. A February 27, 2015 priority date is sought in connection with the subject plan for exchange, which is the date of filing of this application. vii. Measurement Devices. So FEBRUARY 2015 RESUME WATER DIVISION 5 PAGE 9 as to ensure the operation of the augmentation and exchange plan, Westbank will install and maintain such water measuring devices and implement such accounting procedures as may be required to verify that the amount of augmentation and exchange water equals or exceeds the amount of out-of-priority depletions resulting from the use of water under the claimed plan for augmentation and exchange. 6. Names and addresses of owners of land upon which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. (14 Pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 15CW3015 MESA COUNTY - COLORADO RIVER; Shear Family Partnership, LLLP, and Copeland Family Partnership, LLLP; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248- 5865; APPLICATION FOR ABSOLUTE SURFACE WATER RIGHTS; Name, address, and telephone number of applicants: Shear Family Partnership, LLLP, P.O. Box 426, Colbran, CO 81624, (970) 268-5226; Copeland Family Partnership, LLLP, 636 19½ Road, Grand Junction, CO 81507; Request for surface right: Name of structure: Perry Spring; Legal description of point of diversion: SE/4 NW/4 of Section 33, Township 9 South, Range 93 West of the Sixth Principal Meridian, at a point 2,401 feet from the north section line and 1,966 feet from the west section line; Source: Surface flows tributary to Surface Creek, tributary to the Colorado River; Information regarding appropriation: Date of appropriation: June 1, 1980; How appropriation was initiated: By placing water to beneficial use shortly after purchasing the property; Date water applied to beneficial use: June 1, 1980; Amount claimed: 0.5 cfs, absolute; Uses: Irrigation, stock water, wildlife water; Description of irrigated acreage: To irrigate lands in the SE/4 NW/2 of Section 33, Township 9 South, Range 93 West of the Sixth Principal Meridian; Request for surface right: Name of structure: Lake Spring; Legal description of point of diversion: SE/4 SW/4 of Section 3, Township 10 South, Range 93 West of the Sixth Principal Meridian, at a point 141 feet from the south section line and 2,546 feet from the west section line; Source: Surface flows tributary to Surface Creek, tributary to the Colorado River; Information regarding appropriation: Date of appropriation: June 1, 1980; How appropriation was initiated: By placing water to beneficial use shortly after purchasing the property; Date water applied to beneficial use: June 1, 1980; Amount claimed: 0.75 cfs, absolute; Uses: irrigation, stock water, wildlife water; Description of irrigated acreage: To irrigate lands located in the SE/4 SW/4 of Section 3, Township 10 South, Range 93 West of the Sixth Principal Meridian; Request for surface right: Name of structure: Copeland-Shear Spring #1; Legal description of point of diversion: NE/4 NE/4 of Section 10, Township 10 South, Range 93 West of the Sixth Principal Meridian, at a point 22 feet from the north section line and 81 feet from the west section line; Source: Surface flows tributary to Surface Creek, tributary to the Colorado River; Information regarding appropriation: Date of appropriation: June 1, 1980; How appropriation was initiated: By placing water to beneficial use shortly after purchasing the property; Date water applied to beneficial use: June 1, 1980; Amount claimed: 0.5 cfs, absolute; Uses: stock water, wildlife water; Request for surface right: Name of structure: Copeland-Shear Spring #2; Legal description of point of diversion: SE/4 NE/4 of Section 10, Township 10 South, Range 93 West of the Sixth Principal Meridian, at a point 1,528 feet from the north section line and 658 feet from the east section line; Source: Surface flows tributary to Surface Creek, tributary to the Colorado River; Information regarding appropriation: Date of appropriation: June 1, 1980; How appropriation was initiated: By placing water to beneficial use shortly after purchasing the property; Date water applied to beneficial use: June 1, 1980; Amount claimed: 0.5 cfs, absolute; Uses: stock water, wildlife water; Request for surface right: Name of structure: Copeland-Shear Spring #3; Legal description of point of diversion: NW/4 NE/4 of Section 10, Township 10 South, Range 93 West of the Sixth Principal Meridian, at a point 536 feet from the north section line and 1,926 feet from the east section line; Source: Surface flows tributary to Surface Creek, tributary to the Colorado River; Information regarding appropriation; Date of appropriation: June 1, 1980; How appropriation was initiated: By placing water to beneficial use shortly after purchasing the property; Date water applied to beneficial use: June 1, 1980; Amount claimed: 0.5 cfs, absolute; Uses: stock water, wildlife water; Request for surface right: Name of structure: Copeland-Shear Spring #4; Legal description of point of diversion: SE/4 NE/4 of Section 10, Township 10 South, Range 93 West of the Sixth Principal Meridian, at a point 2,099 feet from the north section line and 174 feet from the east section line; Source: Surface flows tributary to Surface Creek, tributary to the Colorado River; Information regarding appropriation; Date of appropriation: June 1, 1980; How appropriation was initiated: By placing water to beneficial use shortly after purchasing the property; Date water applied to beneficial use: June 1, 1980; Amount claimed: 0.5 cfs, absolute; Uses: stock water, wildlife water. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s FEBRUARY 2015 RESUME WATER DIVISION 5 PAGE 10 attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2015. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 14CW3027 SUMMIT & GRAND COUNTIES. W. Tenmile Creek, The Blue River, Colorado River. First Amendment to Application. Applicant: Powdr - Copper Mountain, LLC, c/o Balcomb & Green, P.C. PO Drawer 790, Glenwood Springs, CO 81602. Summary: This First Amendment adds a claim for an enlargement to an existing conditional groundwater right, to allow it to divert an additional 0.46 AF per year and allow that enlargement be augmented pursuant to the decree entered in 04CW151 as amended by this case. Name of Well: Copper Mountain CB-2 Well, Permit No. 63392-F. Legal description: SE1/4NE1/4, Sec. 36, T. 6 S., R. 79 W., 6th P.M., 2,233 ft. from the N. Sec. line and 632 ft. from the E. Sec. line. Depth: The Copper Mountain CB-2 Well has been drilled to a depth of 240 ft.. Date of Appropriation: February 27, 2014. How appropriation was initiated: formation of intent to use water for claimed uses, filing of amendment to application. Date water applied to beneficial use: Not applicable. Amt.: 10 gpm, conditional, limited to 0.46 AF per year. Proposed uses: ind. and dom. Ind. Use for the air compressor cooling system assoc. with Applicant’s snowmaking operation from Oct. through Jan. This water is completely consumed. Dom. Use: Applicants will construct and operate sanitary facilities inside Compressor Building 2. Wastewater will be treated by septic tank/leach field with a consumptive use of 10% of diverted water. Remarks: The CB-2 Well First Enl. will operate under the plan for aug. decreed in Case No. 04CW151, as amended in this case No. 14CW3027. The aug. plan currently replaces diversions and depletions in the Amt. of 2.3 AF per year, however, the CB-2 Well is only decreed to divert a total of 1.84 AF per year. The additional Amt. claimed herein will be augmented using the remaining 0.46 AF per year allowed under that aug. plan as amended. The aug. plan is operational. Co-Applicant United States of America, on behalf of the USDA Forest Service, White River National Forest, Water Rights Department, P.O. Box 498, Glenwood Springs, Colorado 81602, is the owner of land on which the well is located. (4 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2015 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.