Division 5 Water Court- September 2016 Resume 1

DIVISION 5 WATER COURT- SEPTEMBER 2016 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 SEPTEMBER 2016. 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. 16CW11 (09CW110)GRAND COUNTY-COLORADO RIVER. John & Catherine Logan; P.O. Box 4058; Granby, CO 80446 (816)769-6124. Northern Colorado Mountain Corporation Well #10-Application to Make Absolute in Whole or in Part. Location: SW¼SW¼ of Sec. 22, T.2N, R.76W. of the 6th P.M. 335 ft. from the south sec. line and 320 ft. from the east sec. line. Appropriation: Dec. 18, 1980. Amount: 1.3 g.p.m., absolute. Use: household. An outline of work performed during the diligence period is included in the application. (12 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW12 (09CW110)GRAND COUNTY-COLORADO RIVER. Leonard & Tara Owens; 7683 Loveland Ct., Arvada, CO 80007 (928)200-7902; Northern Colorado Mountain Corporation Well No. 5-Application for Finding of Reasonable Diligence. Location: SE¼SE¼ if Sec.21, T.2N, R.76W. of the 6th P.M. 900 ft. from the south sec. line and 680 from the east sec. line. Appropriation: Dec. 18, 1980. Amount: 0.022 c.f.s., conditional. Use: household only. An outline of work performed during the diligence period is included in the application. (7 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW13 (08CW131) SUMMIT COUNTY-SWAN RIVER TRIBUTARY TO THE COLORADO RIVER. Cynthia Hayes; 27735 Este Pona; Mission Viejo, CA 92691 (949)205-9530; David Hayes; 36 Talmont; Newport Coast, CA 92657 (949)629-8552. Summit Estates 3, Well No. 12-Application for Finding of Reasonable Diligence. Location: NE¼SW¼ of Sec. 16, T.6S, R.77W. of the 6th P.M. 2,625 ft. form the south sec. line and 2,000 ft. from the west sec. line. Appropriation: Dec. 31, 1987. Amount: 15.0 g.p.m., conditional. Use: in-house domestic. An outline of work performed during the diligence period is included in the application. (49 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW14 MESA COUNTY-UNNAMED TRIBUTARY TO PLATEAU CREEK TRIBUTARY TO THE COLORADO RIVER. Mary Nichols; P.O. Box 183; Mesa, CO 81643 (970)268-5514 and Mike Nichols; P.O. Box 167; Mesa, CO 81643 (970)985-0245. Nichols Domestic Water-Application for Absolute Water Rights (Surface). Location: SW¼SW¼ of Sec. 15, T.10S, R.96W. of the 6th SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 2

P.M. 1,490 ft. from the south sec. line and 730 ft. from the west sec. line. Appropriation: Mar. 3, 1967. Amount: 33.0 g.p.m., absolute. Uses: domestic, lawn and garden, irrigation and stock watering. (13 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW16 (08CW168)GARFIELD COUNTY-FOUR MILE CREEK TRIBUTARY TO THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. 3S LLLP; c/o Dianne Pollock/General Partner; 2604 West C.R. 8; Berthoud, CO 80513 (970)532-0120. Spear Spring-Application to Make Absolute in Whole or in Part. Location: SE¼NW¼ of Sec. 15, T.7S, R.89W. of the 6th P.M.1,575 ft. from the north sec. line and 1,490 ft. from the west sec. line. Appropriation: Sept. 2, 2008. Amount: 30.0 g.p.m., absolute. Uses: domestic, stockwatering and irrigation. An outline of work performed during the diligence period is included in the application. (11 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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 SEPTEMBER 2016. 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. 16CW3073- GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5. Grand County Water & Sanitation District No. 1 c/o Bruce Hutchins, Manager, PO Box 3077, Winter Park, CO 80482, (970) 726-5583; Ian W. Ferrell & Stanley W. Cazier, P.O. Box 500, Granby, Colorado, 80446, (970) 887-3376.] APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name of structure: Grand County Water & Sanitation District No. 1 Pipeline No. 1 and Pipeline No. 2. Source: Pipeline No. 1 source is Little Vasquez Creek; Pipeline No. 2 source is Big Vasquez Creek. Original Decree: December 29, 1986, 82CW403. Subsequent Decrees: September 18, 2010, 08CW141; November 19, 2002, 01CW243; October 3, 1995, 92CW276. Appropriation Date: November 4, 1982. Amount: 3 cfs to be diverted at either or both of the decreed points of diversion for Pipeline No. 1 and Pipeline No. 2. Uses: All municipal uses, including fire protection and industrial uses. Location: (a) Pipeline No. 1 is located at a point whence the Southeast corner of Section 32, Township 1 South, Range 75 West of the 6th P.M., bears North 3° 45' East a distance of 1,775 feet. The diversion point has also been described as: the Grand County Water and Sanitation District No. 1 Pipeline No. 1 diversion point is located in the Northwest Quarter of the Southwest Quarter of Section 4, Township 2 S, Range 75 W., 6th P.M. The diversion is located 1532.27 feet from the said South Section line and 286.04 feet from the said West Section line. (b) Pipeline No. 2 is located at a point whence the Southeast corner of Section 32, Township 1 South, Range 75 West of the 6th P .M., bears North 41° 00' East a distance of 2,660 feet. The diversion point has also been described as: the Grand County Water and Sanitation District No. 2 Pipeline diversion is located in the Southwest Quarter of the Southeast Quarter of Section 5, Township 2 S, Range 75 W., 6th P.M. The diversion point is located 595.73 feet from the said South Section line and 2574.68 feet from the said East Section line. Additional Information: The Application contains a detailed outline of the work performed during the diligence period. (10 Pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 3

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 SEPTEMBER 2016. 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. 16CW3074- GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5. Grand County Water & Sanitation District No. 1 c/o Bruce Hutchins, Manager, PO Box 3077, Winter Park, CO 80482, (970) 726-5583; Ian W. Ferrell & Stanley W. Cazier, P.O. Box 500, Granby, Colorado, 80446, (970) 887-3376.] APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name of Structure: Grand County Water & Sanitation District No. 1 Pipeline No. 4. Original Decree: May 23, 1990, Case No. 89CW270. Subsequent Decrees: September 17, 2010, 09CW90; August 4, 2003, 02CW259; October 15, 1996, 96CW134. Source: Fraser River, tributary to the Colorado River. Appropriation Date: December 21, 1989. Amount: 4.5 cfs. Uses: All municipal uses, including fire protection, irrigation and domestic use. Location: Pipeline No. 4 is located 3020 feet east of the west line and 450 north of the south line of Section 28, Township 1 South, Range 75 West of the 6th P.M. SWl/4 SE1/4 of said Section 28. Additional Information: The Application contains a detailed outline of the work performed during the diligence period. (18 Pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3075- GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5. Grand County Water & Sanitation District No. 1 c/o Bruce Hutchins, Manager, PO Box 3077, Winter Park, CO 80482, (970) 726-5583; Ian W. Ferrell & Stanley W. Cazier, P.O. Box 500, Granby, Colorado, 80446, (970) 887-3376.] APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name of Structures: Grand County Water & Sanitation District No. 1 Pipelines No.1, No. 2 & No. 3, Grand County Water & Sanitation District No. 1 Reservoir. Original Decree: February 2, 1986, 84CW455. Subsequent Decrees: September 18, 2010, 08CW142; November 19, 2002, 01CW224; September 14, 1995, 93CW023. Source: Little Vasquez, Big Vasquez, Fraser and Colorado Rivers. Appropriation Date: December 14, 1984. Amount: 250 acre feet. Uses: All municipal and domestic uses as decreed to said structures. Location: (a) Pipeline No. 1 - At a point whence the Southeast corner of Section 32, Township 1 South, Range 75 West of the 6th P.M., bears North 03°45' East a distance of 1,775 feet. (b) Pipeline No. 2 - At a point whence the Southeast corner of Section 32, Township 1 South, Range 75 West of the 6th P.M., bears North 41°00' East a distance of2,660 feet. (c) Pipeline No. 3 - At a point whence the Southeast corner of Section 33, Township 1 South, Range 75 West of the 6th P.M., bears North 2°03' East, a distance of 3,000 feet. The diversion point will be located 50 feet North of Gauging Station 09024000. (d) Grand County Water and Sanitation District No. 1 Reservoir which is located in the NE1/4SW1/4 of Section 28, Township 1 South, Range 75West of the 6th P.M. The initial point of survey is located at a point on the North line of said NE1/4SW1./4, 200 feet East of the Northwest corner of said NE1/4SW1/4. Additional Information: The Application contains a detailed outline of the work performed during the diligence period. (9 Pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3076 MESA COUNTY, WALLACE GULCH AND MESA CREEK. Application for Finding of Diligence and to Make Absolute in Whole or In part. Applicant: Big Vu, LLC, c/o David M. Scanga, Manager, 200 Grand Avenue, Suite 400, Grand Junction, Colorado 81501; (970) 986-3400. Attorney for Applicant: John T. Howe, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 986-3400. Prior Decrees: Case No. 01CW340, entered SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 4

November 25, 2002; Case No. 08CW144, entered September 18, 2010. 1. Big Vu Well No. 2: Source: Groundwater tributary to Wallace Gulch, tributary to Plateau Creek, tributary to the Colorado River. Location: SW¼NW¼ of Section 25, T10S, R97W of the 6th P.M.; 1,605 feet from the North section line and 1,070 feet from the West section line. C. Use: in-house domestic. Appropriation Date: December 18, 2000. Quantity: 0.033 c.f.s. (15 g.p.m), conditional; annual amount of appropriation is 0.392 acre feet. 2. Big Vu Pond: Source: Wallace Gulch and Mesa Creek tributary to Plateau Creek, tributary to the Colorado River. Location: SW¼NW¼ of Section 25, T10S, R97W of the 6th P.M.; 1,500 feet from the North section line and 1,200 feet from the West section line. Use: Storage, augmentation, recreation, piscatorial and wildlife (consistent with construction of a pond). Appropriation Date: December 18, 2000. Quantity: 2.00 acre feet, conditional. 3. King Ditch (Big Vu Enlargement): Source: Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River. Location: NW¼NW¼SW¼ of Section 8, T11S, R96W of the 6th P.M.; 2,600 feet from the South section line and 300 feet from the West section line. Use: Storage and augmentation. Appropriation Date: December 18, 2000. Quantity: 0.25 c.f.s., conditional. Landowner: Applicant. Additional Information: Applicant has placed water from Big Vu Well No. 2, Big Vu Pond and King Ditch (Big Vu Enlargement) to beneficial use. Applicant seeks a finding of reasonable diligence as to remaining amounts not put to beneficial use. In the Application, Applicant abandons the Big Vu Augmentation Tank and Worthington Springs Enlargement decreed as conditional rights in Case No. 01CW340, and piscatorial use as a decreed use for Big Vu Pond. The Application contains a description of how water was placed to beneficial use and the work performed during the diligence period. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3077 GRAND COUNTY – WATER DIVISION NO. 5. Jackie F. Boyd, Fredrick L. & Terry B. Sidell, 1857 County Road 42, Granby, CO 80446, (970) 887-3614 c/o Ian Ferrell & Stanley Cazier, Cazier & McGowan, PO Box 500, Granby, CO 80446, (970) 887-3376.] APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR CONDITIONAL UNDERGROUND WATER RIGHTS & APPROPRIATIVE RIGHT OF EXCHANGE I. Diligence for Conditional Underground Water Rights– Previous Decree: September 26, 2010, 08CW38. Name of Structures: RTV Estates Well No. 1- 9. Source: Ground water from the alluvium of sand, gravel and other sedimentary materials hydraulically connected to Lake Granby, tributary to the Colorado River. Location: RTV Estates Well No. 1- 9 are all located within the Proposed Red Top Valley Estates Subdivision consisting of approximately 61.75 acres situated in portions of Section 33 and Section 28, Township 3 North, Range 76 West of the 6 th P.M., in Grand County, Colorado. Appropriation Dates, Quantity & Uses: RTV Estates Well No. 1: October 10, 2006, 13.5 gpm, conditional, for in-house domestic, livestock watering, and irrigation. RTV Estates Well No. 3: October 10, 2006, 10 gpm, conditional, for in- house domestic, livestock watering, and irrigation. RTV Estates Well No. 2, 4, 5–9: October 10, 2006, 15 gpm each, conditional, for in-house domestic, livestock watering, and irrigation. Structures: Wells. Depths: RTV Estates Well No. 1: 165 feet, RTV Estates Well No. 2: Approximately 150 - 450 feet, RTV Estates Well No. 3: 420 feet, RTV Estates Well No. 4, 5, 6, 7, 8 & 9: Approximately 150 - 450 feet. II. Diligence for Appropriative Right of Exchange–Date of Appropriation: October 10, 2006. Exchange Reach: Upstream Termini: The points of diversion of the 9 wells described above. Downstream Terminus: A point where Wolford Mountain releases meet the Colorado River, in Section 19, Township 1 North, Range 80 West, 6th P.M., in Grand County, Colorado, at a point more specifically described as 2000 feet from East Section line and 200 feet from North Section line of Section 19. Rate of Exchange: 0.1 cfs, conditional and not more than 4.5 acre feet per year. Plan for Augmentation–Water rights to be augmented: RTV Estates Wells Nos. 1 through 9. Amount of Augmentation Water: Up to 4.5 acre feet. Augmentation sources: Augmentation water will be delivered into the Colorado River pursuant to an allotment contract between Applicants and Middle Park Water Conservancy District from Wolford Mountain Reservoir & Windy Gap (Granby Reservoir). Additional Information: The application contains a detailed outline of the work performed during the diligence period. (34 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 5

12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 6

16CW3079 MESA COUNTY, COLORADO RIVER, Elam Construction, Inc. dba Grand Junction Concrete Pipe Co. (“Elam”), Attn: Jon Mueller, 556 Struthers Ave., Grand Junction, CO 81501, 970-242-5370, Jon. [email protected] , c/o Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, 970-242-626, [email protected]; Application For Finding of Reasonable Diligence. Structure: Obergfell Diversion; Date of Decree: April 17, 1978; Case No.: W- 3468, Dist. Court, Water Div. No. 5; Subsequent Diligence Decrees: Case No. 82CW19 (October 17, 1982); Case No. 85CW321 (October 30, 1986); Case No. 90CW007 (May 21, 1990); Case No. 96CW259 (February 26, 1997); Case No. 03CW021 (August 4, 2003); and Case No. 09CW85 (September 17, 2010); Location: The original decreed point of diversion for the Obergfell Diversion is located on the left bank of the Colorado River at a point whence the Southeast Corner of Lot 5, Section 2, T. 1 S., R. 2 E., Ute Meridian, bears S. 54 08' 42" E., 1,304.16 feet. Applicant owns 2.0 c.f.s. of the Obergfell Diversion. The point of diversion for Applicant’s 2.0 c.f.s. interest in the Obergfell Diversion was changed to the following point in Case No. 03CW007: A point on the north bank of the Colorado River, located approximately 195 feet north of the south section line and 640 feet west of the east section line of Section 6, T. 1 S., R. 1 W., Ute Meridian. This point is located in the SE1/4 SE1/4 of said Section 6, Mesa County, Colorado. A map showing the location of this point of diversion is attached to the Application as Exhibit A; Source: Colorado River; App. Date: February 28, 1977; Amount: 20 c.f.s., of which Applicant owns 2.0 c.f.s.; conditional; Uses: The original decreed uses for the Obergfell Diversion were industrial, irrigation, domestic, and municipal purposes. In Case No. 03CW007, the following additional uses were added to the Applicant’s 2.0 c.f.s. interest in the Obergfell Diversion: wildlife habitat (including irrigation of up to 30 acres of wildlife habitat), wildlife watering, piscatorial, aesthetic and recreational purposes. The anticipated location of the 30 acres of irrigated wildlife habitat is shown on Exhibit A; Landowner: State of Colorado, acting by and through the Department of Natural Resources, for the use and benefit of the Division of Parks and Outdoor Recreation and Board of Parks and Outdoor Recreation, whose address is 1313 Sherman Street, Room 618, Denver, CO 80203-2240; The Application contains a detailed outline of what has been done during this diligence period toward completion of the appropriation and application of water to beneficial use. Applicant requests a finding that it has been reasonably diligent in the development of the Obergfell Diversion water right and the conditional water right be continued in full force and effect. (6 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3080 GRAND COUNTY – WATER DIVISION NO. 5. Winter Park Highlands Association, PO Box 275, Tabernash, CO 80448, (303) 263-0551c/o Ian Ferrell & Stanley Cazier, Cazier & McGowan, PO Box 500, Granby, CO 80446, 970-887-3376. [APPLICATION FOR A FINDING OF REASONABLE DILIGENCE]. Name of Structures: WPHA Ponds No. 1, 2, 3, 4 & 5. Previous Decrees: Original Decree: August 26, 2003, Case No. 02CW128. Subsequent Decree: September 18, 2010, Case No. 09CW84. Legal Description: All ponds are located within the Winter Park Highlands Association Subdivision situated in portions of in Section 34, T1 N, R76W, 6th PM: Pond No. 1: WPHA Commons, NW4SE4, Section 34, WPH Unit #2, 2243 Feet From S Section Line, 1750 Feet from E Section Line; Pond No. 2: Lot 22, NW4NE4, Section 34, WPH Unit #3, 325 Feet From N Section Line, 2000 Feet from E Section Line; Pond No. 3: Lots 11 & 12, SE4NE4, Section 34, WPH Unit #3, 2400 Feet From N Section Line, 1700 Feet from E Section Line; Pond No. 4: WPHA Commons, SE4SE4, Section 34, WPH Unit #5, 900Feet From S Section Line, 925 Feet from E Section Line; Pond No. 5: Lots 39 & 51, SE4SE4, Section 34, WPH Unit 4, 175 Feet From S Section Line, 350 Feet from E Section Line. Source: Silver Creek, tributary to Crooked Creek, tributary to Fraser River, tributary to Colorado River. Date of Appropriation: December 13, 2000. Amount: Pond No. 1: 9.75 af, conditional; Pond No. 2: .83 af, conditional. Abandonment of Rights: Applicant has decided not to proceed with the development of Ponds No. 3, 4 & 5 and pursuant to Application abandons those rights. Use: Fire Protection, Recreation, Fishing. Additional Information: The application contains a detailed outline of the work performed during the diligence period. (13 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 7

14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3081 GRAND COUNTY – WATER DIVISION NO. 5. Randy & Karyl Schmuck, PO Box 23, Granby, CO 80446, (970) 887-3677, Stacey Joanne Wright (aka Stacey Leake), 828 Cherry Dr., Henderson, NV 89015, (702) 499-9493, c/o Ian Ferrell & Stanley Cazier, Cazier & McGowan, PO Box 500, Granby, CO 80446, 970-887-3376. [APPLICATION FOR FINDING OF REASONABLE DILIGENCE] Name of Structure: Northern Colorado Mountain Corporation Wells No. 3 & 8. Previous Decrees: 09CW110, 02CW190, 96CW26, 90CW034, 86CW019, 81CW74. Source: Groundwater, tributary to the Colorado River. Location: Well No. 3: SW¼SE¼ Section 21, Township 2 North, Range 76 West, 6th P.M., 778 feet from South line and 1,610 feet from East line. Lot 3. 439 CR 6231. Well No. 8: SW¼SW¼ Section 22, Township 2 North, Range 76 West, 6th P.M., 1,016 feet from South line and 620 feet from West line. Lot 8. 55 CR 623. Depth: 150 feet, both. Amount: 0.022 cfs for each well. Date of Appropriation: 12/18/1980. Use: Household use only. Additional Information: The Application contains a detailed outline of the work performed during the diligence period (24 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3082 GRAND COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE I. Name, Address and Telephone Number of Applicant. Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise (“River District”), c/o Secretary/General Manager, P.O. Box 1120, Glenwood Springs, Colorado 81602- 1120, Telephone: (970) 945-8522, Facsimile: (970) 945-8799. Please direct all pleadings and correspondence in this matter to: Peter C. Fleming, General Counsel; and Jason V. Turner, Senior Counsel at the address provided above. II. Prefatory Statement. The River District is a political subdivision of the State formed by the Colorado Legislature (See C.R.S. §37-46-101, et seq.) in 1937 for the purpose of safeguarding for the State of Colorado that portion of the waters of the Colorado River equitably apportioned to the state by compact. Geographically, the River District encompasses an area approximately 29,000 square miles, including all of twelve and parts of three western Colorado counties. Included in that area are the headwaters and principal tributaries of the Colorado River mainstem, the Gunnison, the White, and the Yampa Rivers. The River District’s authorizing legislation directs the River District, inter alia, to make surveys and investigations to ascertain the best method of utilizing stream flows within the River District and to make appropriations “for the use and benefit of the ultimate appropriators . . . .” This statute further directs the River District “to perform all acts and things necessary or advisable to secure and insure an adequate supply of water, present and future, for irrigation, mining, manufacturing, and domestic purposes within said districts (sic).” The decree that is the subject of this Application was obtained in furtherance of these statutory directives. The Board of Directors of the River District has maintained its intent to develop the conditional water right that is the subject of this Application. The most recent decree confirming reasonable diligence in the development of the conditional water right that is the subject of this Application was entered in Case No. 09CW81 on September 18, 2010. III. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: A. Name of Structure: Gunsight Pass Reservoir Power Plant (a/k/a Wolford Mountain Reservoir Power Plant) decreed in Case No. 87CW284. Continued diligence decreed in Case Nos. 95CW251, 02CW107, and 09CW81. B. Date of Original Decree: November 20, 1989. C. Court: Water Division No. 5. D. Legal Description: The point of diversion is a penstock through the Gunsight Reservoir dam located in the SW 1/4 of the NE 1/4 of Section 25, T. 2. N., R. 81 W. 6th P.M. at a point approximately 2023.75 South of the North Section line and approximately 2726.52 feet East of the West Section line. The decreed intersection of the dam axis with the right abutment is at a point which bears S. 54°54’20” E., a distance of 3,716.46 feet from the NW corner of said Section 25. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam Construction Drawings “Dimensional Dam Layout” sheets 8 of 94, occurs at a point which bears S. 53°24’56” E., a distance of 3,395.51 feet from the NW corner of said Section 25; the bearings of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28’29” E. The location of the dam as-built described above and affirmed in Case No. 98CW237, W.D. 5, is geographically and hydrologically the same as the decreed location. The as-built description is provided because the reference point (dam axis) for the decreed location was physically obliterated or occupied by the dam during construction. E. Source: Muddy Creek, tributary to the Colorado River and water stored in Gunsight Pass Reservoir (a/k/a SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 8

Wolford Mountain Reservoir). F. Appropriation Date: December 14, 1987. G. Amount: 600 c.f.s., conditional. H. Use: Electric power generation and production. IV. Integrated Project. Pursuant to C.R.S. §37-92-301(4)(b), “when a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” Where work on a component of a system is “necessary to the ultimate goal of putting the water to beneficial use, it is considered part of an integrated system.” Metropolitan Suburban Water Users Ass’n v. Colorado River Water Cons. Dist., 365 P.2d 273, 289 (Colo.1961). The Gunsight Pass Power Plant (a/k/a Wolford Mountain Reservoir Power Plant) is an integrated component of Gunsight Pass Reservoir (a/k/a Wolford Mountain Reservoir). V. Provide a detailed outline of what has been done towards completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed including expenditures. A. Over the course of the diligence period the River District dedicated substantial personnel time and expended in excess of $14,365,000, excluding personnel expenditures, for the operation and maintenance of Wolford Mountain Reservoir in furtherance of the development of the Gunsight Pass Power Plant right (a/k/a Wolford Mountain Reservoir Power Plant right) decreed in Case No. 87CW284. This list of expenditures and actions in furtherance of development of the subject water right is not intended to be exclusive and may be supplemented by additional evidence: 1. Funded United States Geological Survey gaging stations at Wolford Mountain Reservoir and Muddy Creek to gauge water quality and stream flows respectively. 2. Conducted watershed management and mitigation area monitoring and maintenance below Wolford Mountain Reservoir, including significant bank stabilization work on Muddy Creek. 3. General maintenance of Wolford Mountain Reservoir facilities, including the shop and recreational area. 4. During the diligence period the River District spent significant resources in analyzing and monitoring deformation of the dam at Wolford Mountain Reservoir. This work included but is not limited to mapping, surveying, the installation and monitoring of inclinometers, piezometers, deformation monuments, extensometers and a bridge tilt meter. The River District engaged engineering consultants to provide analysis on the deformation, including, outlet tower bridge and embankment stability and structural investigations, development and approval of a new inflow design flood in accordance with current State Engineer rules, embankment stability analysis, and Fast Langranian Analysis of Continua (“FLAC”) modeling. In addition, the River District convened a panel to peer review the work of its consultants. 5. Funded an invasive aquatic species program at Wolford Mountain Reservoir. 6. In addition, during the diligence period the River District paid in full the debt incurred for the construction of Wolford Mountain Reservoir. 7. The River District Board at its July 2016 Quarterly Board Meeting reaffirmed its intent to develop the subject conditional water right. B. Additionally, during the diligence period, the River District carried out the following activities more generally related to the development, operation and maintenance of the River District’s absolute and conditional water rights, including the water rights that are the subject of this diligence application: 1. Federal environmental legislation and related regulations on water development activities often make successful acquisition of needed federal permits one of the most predominant concerns regarding a water development project. A significant concern regarding the development of projects in Colorado Water Division No. 5 is the status of four native fish species which have been listed as “endangered” by the Fish and Wildlife Service pursuant to the federal Endangered Species Act. Because water depletions in the Colorado River basin are alleged to jeopardize the continued existence of those fish species, it is necessary for the River District and other water users who may need federal permit authorizations for their water projects to successfully address the alleged jeopardy of those species. The River District, throughout this diligence period, has been involved in extensive scientific analyses and lobbying efforts concerning the recovery of endangered fish species in the Colorado River basin. This work includes the partial funding and extensive participation in a multi- phase study to identify a source of the 10,825 acre feet of water to satisfy the obligation of water users within the State of Colorado to the recovery of the endangered fishes. During the diligence period the River District made available 5,412.5 acre feet of water from Wolford Mountain Reservoir to assist in satisfying the water users’ obligation until a permanent source of the 10,825 acre feet was identified and secured. Due to these efforts the River District, acting by and through its Water Projects Enterprise has entered into a contract with the Bureau of Reclamation for 5,412.5 AF of water from Ruedi Reservoir to satisfy the West Slope’s obligation. The River District contributed significant resources to the Environmental Assessment used to implement the preferred alternative for supplying the 10,825 water. These efforts are necessary and appropriate in order for the Co-Applicants to secure permitting approvals for the construction and operation of water projects. 2. The River District continues to participate and fund efforts to reduce the salinity of the Colorado River, as well as the operation of the Colorado River mainstem reservoirs, to ensure to the River District, as well as to the State of Colorado, an adequate supply of water from the Colorado River as provided by the Colorado River Compacts. 3. The River District expended significant staff time and financial resources in developing a stakeholder driven alternative management plan to federal wild and scenic designation for the Colorado River mainstem. A federal wild and scenic designation could have had significant impacts on the development of the conditional water rights at issue in this Application. 4. The River District expended significant staff time and financial resources during the diligence period in negotiating the Colorado River Cooperative Agreement (“CRCA”) with Denver Water. The CRCA was the product of five years of mediated negotiations and resolved various disputes involving both present and future operations on the West Slope. The CRCA operates as a framework for numerous actions by the various parties to benefit water supply, water quality, recreation, and the environment. 5. During the diligence period, the River District has been actively engaged in the operation of its Water Marketing Program. The successful operation of the Water Marketing Program and the receipt of lease revenues by the River District will assist the River District in developing water projects, including the project which is the subject of this Application. 6. The River District opposed numerous water right applications during the diligence period in order to prevent or mitigate adverse effects to its water rights. 7. The River District was involved in litigation, congressional and state legislative hearings, and review and development of federal and state legislation to ensure continued local ownership of SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 9 water rights located on Forest Service lands. 8. In addition to extensive staff time, the River District has expended substantially in excess of one million dollars in furtherance of the activities described above. VI. Name and addresses of owners of land on which the structure is located or water will be stored, or upon which water is or will be placed to beneficial use: A. Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise, 201 Centennial Street, Suite 200, P.O. Box 1120, Glenwood Springs, CO 81602. B. United States of America, Bureau of Land Management, Kremmling Field Office, P.O. Box 68, Kremmling, CO 80459. WHEREFORE, the River District requests that the Court enter a decree: (1) confirming that the River District has met all applicable standards and burdens and has demonstrated reasonable diligence in the development of the conditional Gunsight Pass Reservoir Power Plant right (a/k/a Wolford Mountain Reservoir Power Plant right) originally decreed in Case No. 87CW284; (2) rule that the right shall be continued in full force and effect; and (3) set a date for a subsequent application for a finding of reasonable diligence. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3083 GARFIELD COUNTY, COLORADO RIVER. Colorado Rivers Edge, LLCAttn.: Bill Bailey, P.O. Box 226, Rifle, CO 81650, [email protected], (970) 625-5644, c/o Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502-0338. Application For Finding of Reasonable Diligence: Structures: Custom Crushing Pits No. 1 - 3; gravel pits; Original Decree: July 14, 2003, Case No. 00CW244, Dist. Court, Water Div. No. 5; Subsequent decrees: Case No. 09CW75, (September 17, 2010); Legal descriptions of locations of structures (collectively the "Custom Crushing Pits"): The Custom Crushing Pits are located in the south half of Section 11 and the north half of Section 14, T.6S., R.93W., 6th P.M.; Custom Crushing Pit No. 1:3500 feet West of the East line and 125 feet North of the South line of said Section 11; Custom Crushing Pit No. 2:3500 feet West of the East line and 300 feet South of the North line of said Section 14; Custom Crushing Pit No. 3: 2750 feet West of the East line and 100 feet North of the South line of said Section 11. A map of the locations of the Custom Crushing Pits is attached to the Application as Exhibit A. Source: The Custom Crushing Pits are gravel pits located in alluvial deposits adjacent to the Colorado River, and groundwater tributary to the Colorado River is intercepted and withdrawn at the Custom Crushing Pits. The estimated total maximum depth of the Custom Crushing Pits is twenty feet. App. Date: November 1, 1998. Amounts and uses: 69.43 acre feet per year for evaporation losses, 0.66 acre feet per year for dust suppression purposes, 2.96 acre feet per year for product moisture losses, 150 g.p.m. for dust suppression purposes, and 1,500 g.p.m. for aggregate washing purposes. Remarks: Each of the structures named above constitutes a feature of an integrated water supply system, being used pursuant to a leasehold interest, in conjunction with sand and gravel mining related activities on Applicant's real property shown on Exhibit A to the Application. All work performed with respect to the development of each of the water rights referenced above constitutes diligence toward the conditional decree. Applicant’s property where the Custom Crushing Pits are located is currently and has for many years been leased by Oldcastle SW Group, Inc. dba United Companies of Mesa County, Inc. (“United”). Mining operations were conducted at the Custom Crushing Pits No. 1 - 3 from November 1999 through September 2006, when all the gravel was mined out of Applicant's property where Custom Crushing Pits No. 1-3 are located. United is currently using the property where the Custom Crushing Pits are located for storage and stockpiling. The Custom Crushing Pits are in place, but they continue to be dewatered by United in order to use the property for storage and stockpiling. Because the Custom Crushing Pits have been continuously dewatered, Applicant is unable to claim the 69.43 acre feet per year for evaporation loss from the 23 acres of surface area absolute at this time. Once the Custom Crushing Pits are allowed to fill, Applicant will file an application to make the conditional evaporative loss use absolute. Landowner: Applicant. Applicant requests a finding that it has been reasonably diligent in the development of the Custom Crushing Pits Nos. 1 -3 and the conditional water rights be continued in full force and effect. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 10

CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3084, Concerning the Application for Water Rights of West Divide Water Conservancy District in Garfield County, Colorado, Application for Finding of Reasonable Diligence and to Make Water Rights Absolute, Applicant: West Divide Water Conservancy District, P.O. Box 1478, Rifle, CO 81650, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602, (970) 928-9100, CLAIM FOR FINDING OF REASONABLE DILIGENCE, Name of Conditional Water Rights: Area A Service Area Exchange, Date of Original Decree: September 30, 2010, Case No.: 02CW123, Court: Garfield County District Court, Water Division No. 5., Date of Appropriation: January 1, 2004, Description of Exchange: The general reach of the exchange is between the Roaring Fork River and Colorado River and the upper boundary of the Applicant’s Area A Service Area as depicted on the map attached to the Application as Exhibit A. Applicant’s Area A Service Area has been grouped into 9 Regions, including: Region 1: Water District 38; Region 2: Water District 52 and Water District 53; Region 3: Glenwood Springs to Elk Creek in Water District 39; Region 4: West of the Elk Creek Watershed to East of the Rifle Creek Watershed in Water District 39; Region 5: West of the Rifle Creek Watershed in Water District 39; Region 6: Portions of Water Districts 39, 70, and 72; Region 7: East of Alkali Creek in Water District; Region 8: Alkali Creek to Beaver Creek in Water District 45; and Region 9: West of Beaver Creek in Water District 45 and Portions of Water District 72. Legal Descriptions: Region 1. This Region is the area west of the Roaring Fork River, and all tributaries thereto in Water District 38, from the confluence of the Roaring Fork River with the Colorado River to the confluence of the Crystal River and the Roaring Fork River, excluding areas upstream of the following structures: (1) Eby Sullivan and Laws Ex Ditch on Threemile Creek; and (2) Gristy Ditch on Four Mile Creek. Legal Description: The confluence of the Roaring Fork River and the Colorado River is located within the SE ¼ of the NW ¼ in Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point 2400 ft east of the west section line and 2300 ft south of the north section line. The confluence of the Crystal River and the Roaring Fork River is located within the SW ¼ of the NW ¼ in Section 28, Township 7 South, Range 88 West of the 6th P.M., at a point 300 ft east of the west section line and 2500 ft south of the north section line. The Eby Sullivan and Laws Ex Ditch is located at a point on Threemile Creek, within the NW 1/4 of the NW 1/4 Section 27, Township 6 South, Range 89 West of the 6th P.M., at a point 270 ft east of the west section line and 730 ft south of the north section line. The headgate of the Gristy Ditch is located at a point on Fourmile Creek, within the SE ¼ of the NE ¼ Section 34, Township 6 South, Range 89 West of the 6th P.M., at a point 650ft west of the east section line and 3000 ft south of the north section line. The Region 1 Service Area includes: (1) portions of Sections 8, 9, 16, 17, 18, 19, 20, 21, 22, 27, 28, 34, 35, and 36, T. 6 S., R. 89 W., 6th P.M.; (2) all of Section 30, and portions of Sections 18, 19, 20, 28, 29, 31, 32, T. 7 S., R. 88 W., 6th P.M.; and (3) all of Section 2, and portions of Sections 1, 3, 10, 11, 12, 13, 14, 23, 24, 25, 26, 35, and 36, T. 7 S., R. 89 W., 6th P.M. Region 2. This region is the area in Water District 52 south of the Colorado River and the area in Water District 53 north of the Colorado River and all tributaries thereto, from the confluence of the Colorado River to the Roaring Fork River upstream to a point on the Colorado River in Section 3, Township 6 South, Range 89 West. Legal Description: The confluence of the Colorado River and the Roaring Fork River is located within the SE ¼ of the NW ¼ in Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point 2400 ft east of the west section line and 2300 ft south of the north section line. The upper point on the Colorado River to which Region 2 extends is located within the SE ¼ of the SW ¼ in Section 3, Township 6 South, Range 89 West of the 6th P.M., at a point 1750 ft east of the west section line and 800 ft north of the south section line. The Region 2 Service Area includes: (1) portions of Sections 3, 4, 9, 10, and 11, T. 6 S., R. 89 W., 6th P.M. Region 3. This Region is the area north of the Colorado River, and all tributaries thereto, between the confluence of the Colorado River with the Roaring Fork River and the confluence of the Colorado River with Elk Creek, excluding areas upstream of the following structures: (1) Mitchell and Cooper Ditch on Oasis Creek; (2) Reynolds and Cain Ditch on Mitchell Creek; (3) Johnson Ditch on Canyon Creek; and (4) Bowles Spring. Legal Description: The confluence of the Colorado River with the Roaring Fork River is located within the SE ¼ of the NW ¼ in Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point 2400 ft east of the west section line and 2300 ft south of the north section line. The confluence of Elk Creek and the Colorado River is located within the NE ¼ of the SW ¼ in Section 31, Township 5 South, Range 90 West of the 6th P.M., at a point 1400 ft east of the west section line and 1600 ft north of the south section line. The headgate of the Mitchell and Cooper Ditch is located at a point on Oasis Creek, within the SE ¼ of the SE ¼ Section 35, Township 5 South, Range 89 West of the 6th P.M., at a point 350 ft west of the east section line and 20 ft north of the south section line. The headgate of the Reynolds and Cain Ditch is located at a point on Mitchell Creek, within the SW ¼ of the SW ¼ Section 34, Township 5 South, Range 89 West of the 6th P.M., at a point 740 ft east of the west section line and 340 ft north of the south section line. The headgate of the Johnson Ditch is located at a point on Canyon Creek, within the NW ¼ of the SW ¼ Section 25, Township 5 South, Range 90 West of the 6th P.M., at a point 2300 ft east of the west section line and 950 ft north of the south section line. The headgate of the Bowles Spring is located at a point on an unnamed tributary, within the SW ¼ of the NW ¼ Section 35, Township 5 South, Range 90 West of the 6th P.M., at a point 1400 ft east of the west section line and 1550 ft south of the north section line. The Region 3 Service Area includes: (1) portions of Sections 30, and 31, T. 5 S., R. 88 W., 6th P.M.; (2) all of Section 32, and portions of Sections 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, and 36, T. 5 S., R. 89 W., 6 th P.M.; (3) portions of Sections 25, and 36, T. 5 S., R. 89 1/2 W., 6th P.M.; (4) all of Sections 27, 28, and 33, and portions of Sections 16, 17, 20, 21, 22, 23, 25, 26, 29, 30, 31, 32, 34, 35, and 36, T. 5 S., R. 90 W., 6th P.M.; (5) portions of Sections 25, and 36, T. 5 S., R. 91 W., 6th P.M.; (6) portions of Sections 4, 5, 6, and 9, T. 6 S., R. 89 W., 6th P.M.; (7) portions of Sections 1, 2, and 6, T. 6 S., R. 90 W., 6th P.M.; and (8) portions of Section 1, T. 6 S., R. 91 W., 6th P.M. Region 4. This Region is the area north of the Colorado River, and all tributaries thereto, SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 11 between the confluence of the Colorado River with Elk Creek and the confluence of the Colorado River with Rifle Creek, excluding the Elk Creek Watershed, the Rifle Creek Watershed and areas upstream of the following structures: (1) Giacinta Ditch on Pretti Gulch; (2) Coleman Ditch on Cozza Gulch; (3) C E Lewis Ditch on Harvey Gap; (4) Thode Waste Water Ditch; (5) Haberbeck Waster Water Ditch; (6) McBride Waste Water Ditch No. 3; (7) McBride Waste Water Ditch No. 2; (8) Cameron Ditch; and (9) Green Collection Ditch. Legal Description: The confluence of the Colorado River and Elk Creek is located within the NE ¼ of the SW ¼ in Section 31, Township 5 South, Range 90 West of the 6th P.M., at a point 1400 ft east of the west section line and 1600 ft north of the south section line. The confluence of the Colorado River and Rifle Creek is located within the SE ¼ of the NE ¼ in Section 17, Township 6 South, Range 93 West of the 6th P.M., at a point 150 ft west of the east section line and 2050 ft south of the north section line. The headgate of the Giacinta Ditch is located at a point on Pretti Gulch, within the NW ¼ of the NW ¼ Section 2, Township 6 South, Range 92 West of the 6th P.M., at a point 300 ft east of the west section line and 340 ft south of the north section line. The headgate of the Coleman Ditch is located at a point on Cozza Gulch, within the SW ¼ of the SW ¼ Section 31, Township 5 South, Range 91 West of the 6th P.M., at a point 130 ft east of the west section line and 20 ft north of the south section line. The headgate of the C E Lewis Ditch is located at a point on Harvey Gap, within the NW ¼ of the NE ¼ Section 4, Township 6 South, Range 92 West of the 6th P.M., at a point 1440 ft west of the east section line and 20 ft south of the north section line. The headgate of the Thode Waste Water Ditch is located at a point on an unnamed tributary, within the SE ¼ of the SW ¼ Section 35, Township 5 South, Range 92 West of the 6th P.M., at a point 2125 ft east of the west section line and 20ft north of the south section line. The headgate of the Haberbeck Waste Water Ditch is located at a point on an unnamed tributary, within the SW ¼ of the NW ¼ Section 5, Township 6 South, Range 92 West of the 6th P.M., at a point 1375 ft east of the west section line and 2225 ft south of the north section line. The headgate of the McBride Waste Water Ditch No. 3 is located at a point on an unnamed tributary, within the NE ¼ of the NE ¼ Section 12, Township 6 South, Range 93 West of the 6th P.M., at a point 150 ft west of the east section line and 1070 ft south of the north section line. The headgate of the McBride Waste Water Ditch No. 2 Is located at a point on an unnamed tributary, within the SE ¼ of the NW ¼ Section 12, Township 6 South, Range 93 West of the 6th P.M., at a point 2060 ft east of the west section line and 2040 ft south of the north section line. The headgate of the Cameron Ditch is located at a point on an unnamed tributary, within the NW ¼ of the NW ¼ Section 1, Township 6 South, Range 93 West of the 6th P.M., at a point 630 east of the west section line and 700 ft south of the north section line. The headgate of the Green Collection Ditch is located at point on an unnamed tributary, within the NW ¼ of the NW ¼ Section 1, Township 6 South, Range 93 West of the 6th P.M., at a point 10 ft east of the west section line and 1000 ft south of the north section line. The Region 4 Service Area includes: (1) portions of Section 31, T. 5 S., R. 90 W., 6th P.M.; (2) all of Sections 28, 33, and 34, and portions of Sections 20, 21, 22, 26, 27, 29, 31, 32, 35, and 36, T. 5 S., R. 91 W., 6 th P.M.; (3) portions of Sections31, 32, 33, 34, 35, 36, T. 5 S., R. 92 W., 6th P.M.; (4) portions of Sections 3, 4, 5, 6, 7, and 8, T. 6 S., R. 91 W., 6th P.M.; (5) all of Sections 1, and 4, and portions of Sections 2, 3, 5, 6, 7, 8, 9, 10, 11, and 12, T. 6 S., R. 92 W., 6 th P.M.; and (6) portions of Sections 1, 2, 3, 9, 10, 11, 12, 14, 15, 16, and 17, T. 6 S., R. 93 W., 6th P.M. Region 5. This Region is the area north of the Colorado River, and all tributaries thereto, between the confluence of the Colorado River with Rifle Creek and a point between Smith Gulch and Kelly Gulch in Water District 39 that intersects with the Colorado River, excluding areas upstream of the following structures: (1) Langstaff Ditch; (2) Jensen Ditch on Cottonwood Gulch; and (3) Daisy Ditch on Parachute Creek. Legal Description: The confluence of Rifle Creek and the Colorado River is located within the SE ¼ of the NE ¼ in Section 17, Township 6 South, Range 93 West of the 6th P.M., at a point 150 ft west of the east section line and 2050 ft south of the north section line. A point between Smith Gulch and Kelly Gulch in Water District 39 that intersects with the Colorado River is located within the SW ¼ of the NE ¼ in Section 33, Township 7 South, Range 96 West of the 6th P.M., at a point 1300 ft west of the east section line and 1800 ft south of the north section line. The headgate of the Langstaff Ditch is located at a point on an unnamed tributary, within the NW ¼ of the SW ¼ Section 16, Township 6 South, Range 94 West of the 6th P.M., at a point 100 ft west of the east section line and 1250 ft north of the south section line. The headgate of the Jensen Ditch is located at a point on Cottonwood Gulch, within the SE ¼ of the NW ¼ Section 28, Township 6 South, Range 95 West of the 6th P.M., at a point 1800 ft east of the west section line and 2500 ft south of the north section line. The headgate of the Daisy Ditch is located at a point on Parachute Creek, within the NW ¼ of the SE ¼ Section 2, Township 7 South, Range 96 West of the 6th P.M., at a point 3300 ft west of the east section line and 1890 ft north of the south section line. The Region 5 Service Area includes: (1) portions of Section 31, T. 5 S., R. 93 W., 6th P.M.; (2) portions of Sections 35, and 36, T. 5 S., R. 94 W., 6th P.M.; (3) all of Section 7, and portions of Sections 5, 6, 8, 9, 16, 17, and 18, T. 6 S., R. 93 W., 6th P.M.; (4) all of Sections 10, 11, 12, 14, 15, 18, 19, 20, and 21, and portions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 16, 17, 22, 23, 24, 27, 28, 29, 30, 33, and 34, T. 6 S., R. 94 W., 6th P.M.; (5) all of Sections 13, 23, 24, 26, 27, 30, 31, 32, 33, and 34, and portions of Sections 7, 11, 12, 14, 15, 18, 19, 20, 21, 22, 25, 28, 29, 35, and 36, T. 6 S., R. 95 W., 6th P.M.; (6) all of Section 25, and portions of Sections 13, 23, 24, 26, 35, and 36, T. 6 S., R. 96 W., 6th P.M.; (7) portions of Sections 3, 4, 5, 6, 7, and 18, T. 7 S., R. 95 W., 6th P.M.; and (8) all of Sections 12, 14, 21, and 22, and portions of Sections 1, 2, 10, 11, 13, 15, 16, 17, 19, 20, 23, 24, 26, 27, 28, 29, 33, and 34, T. 7 S., R. 96 W., 6th P.M. Region 6. This Region is the area north of the Colorado River, and all tributaries thereto, extending from a point between Smith Gulch and Kelly Gulch in Water District 39 to the confluence of the Colorado River and a point on Sulphur Gulch in Section 18, Township 9 South, Range 97 West including only areas east of the Range 97 West and north of Section 18 in Township 9 South, Range 97 West, excluding areas upstream of the following structure: (1) Reservoir Ditch on Roan Creek. Legal Description: A point between Smith Gulch and Kelly Gulch in Water District 39 that intersects the Colorado River is located within the SW ¼ of the NE ¼ in Section 33, Township 7 South, Range 96 West of the 6th P.M., at a point 1300 ft west of the east section line and 1800 ft south of the north section line. The downstream extent of the Region 7 boundary is a point on the Colorado River located within the SW ¼ of the SE in ¼ in SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 12

Section 18, Township 9 South, Range 97 West, of the 6th P.M., at a point 1060 ft west of the east section line and 0 ft north of the south section line. The headgate of the Reservoir Ditch is located at a point on Roan Creek, within the SE ¼ of the SE ¼ Section 7, Township 8 South, Range 97 West of the 6th P.M., at a point 1050 ft west of the east section line and 200 ft north of the south section line. The Region 6 Service Area includes: (1) all of Sections 30, 31, and 32, and portions of Sections 19, 20, 28, 29, and 33, T. 7 S., R. 96 W., 6th P.M.; (2) portions of Sections 24, 25, 33, 34, 35, and 36, T. 7 S., R. 97 W., 6th P.M.; (3) portions of Sections 4, 5, 6, and 7, T. 8 S., R. 96 W., 6th P.M.; (4) all of Sections 1, 2, 9, 10, 11, 12, 14, 15, 16, 17, 19, 20, 21, 29, 30, and 31, and portions of Sections 3, 4, 5, 7, 8, 13, 18, 22, 23, 24, 27, 28, 32, and 33, T. 8 S., R. 97 W., 6th P.M.; and (5) all of Sections 6, and 7, and portions of Sections 5, 8, 17, and 18, T. 9 S., R. 97 W., 6th P.M. Region 7. This Region is the area south of the Colorado River, and all tributaries thereto, between the intersection of Water District 38 and 45 to Alkali Creek, excluding areas upstream of the following structures: (1) Richardson Pump No. 1 and Richardson Pump No. 2; and (2) Talbott Ditch No. 2 on Alkali Creek. Legal Description: The intersection of Water Districts 38 and 45 on the Colorado River is located within the SE ¼ of the NW ¼ in Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point 2400 ft east of the west section line and 2300 ft south of the north section line. The confluence of Alkali Creek and the Colorado River is located within the SE ¼ of the SE ¼ in Section 36, Township 5 South, Range 91 West of the 6th P.M., at a point 1200 ft west of the west section line and 300 ft north of the south section line. The headgate of the Richardson Pump No. 1 and Richardson Pump No. 2 is located at a point on South Canyon Creek, within the SW ¼ of the SW ¼ Section 14. Township 6 South, Range 90 West of the 6th P.M., at a point 130 ft east of the west section line and 1310 ft north of the south section. The headgate of the Talbott Ditch No. 2 is located at a point on Alkali Creek, within the SW ¼ of the NE ¼ Section 3, Township 6 South, Range 91 West of the 6th P.M., at a point 2000 ft west of the east section line and 1400 ft south of the north section line. The Region 7 Service Area includes: (1) portions of Section 31, T. 5 S., R. 89 W., 6th P.M.; (2) portions of Section 36, T. 5 S., R. 89 1/2 W., 6th P.M.; (3) portions of Sections 31, 32, 33, 34, 35, and 36, T. 5 S., R. 90 W., 6th P.M.; portions of Section 36, T. 5 S., R. 91 W., 6th P.M.; (4) all of Section 7, and (5) portions of Sections 4, 5, 6, 8, 9, 17, 18, 19, T. 6 S., R. 89 W., 6th P.M.; (6) all of Sections 3, 4, 11, 12, and portions of Sections 1, 2, 5, 6, 8, 9, 10, 13, 14, 15, 22, 23, 24, 27, T. 6 S., R. 90 W., 6 th P.M.; and (7) portions of Sections 1, 2, and 3, T. 6 S., R. 91 W., 6th P.M. Region 8. This Region is the area south of the Colorado River, and all tributaries thereto, between Alkali Creek and Beaver Creek, excluding the following structures: (1) Talbott Ditch No. 2 on Alkali Creek; (2) Moore Ditch on Garfield Creek; (3) Ward and Reynolds Ditch on Divide Creek; (4) Ed Conner Ditch on Dry Hollow Creek; (5) Rainbow Ditch on Mamm Creek; (6) Adolfo Spring No. 5; (7) Crann Pipeline Ditch; (8) Hunter and Gant Ditch; (9) Cedar Spring and Ditch; (10) Side Hill Ditch; (11) Anderson Interception Ditch; (12) McCarnes Spring No. 1; (13) McCarnes Spring No. 2; (14) McCarnes Spring No. 3; (15) McCarnes Spring No. 4; and (16) Buffalo Ditch on Beaver Creek. Legal Description: The confluence of Alkali Creek and the Colorado River is located within the SE ¼ of the SE ¼ in Section 36, Township 5 South, Range 91 West of the 6th P.M., at a point 1200 ft west of the east section line and 300 ft north of the south section line. The confluence of Beaver Creek and the Colorado River is located within the SE ¼ of the SE ¼ in Section 22, Township 6 South, Range 94 West of the 6th P.M., at a point 600 ft west of the east section line and 150 ft north of the south section line. The headgate of the Talbott Ditch No. 2 is located at a point on Alkali Creek, within the SW ¼ of the NE ¼ Section 3, Township 6 South, Range 91 West of the 6th P.M., at a point 2000 ft west of the east section line and 1400 ft south of the north section line. The headgate of the Moore Ditch is located at a point on Garfield Creek, within the NW ¼ of the SE ¼ Section 4, Township 6 South, Range 91 West of the 6th P.M., at a point 2700 ft west of the east section line and 1500 ft north of the south section line. The headgate of the Ward and Reynolds Ditch is located at a point on Divide Creek, within the NW ¼ of the SE ¼ Section 13, Township 6 South, Range 92 West of the 6th P.M., at a point 1750 ft east of the west section line and 2050 ft north of the south section line. The headgate of the Ed Conner Ditch is located at a point on an Dry Hollow Creek, within the SW ¼ of the NW ¼ Section 15, Township 6 South, Range 92 West of the 6th P.M., at a point 20 ft east of the west section line and 2600 ft south of the north section line. The headgate of the Rainbow Ditch is located at a point on an Mamm Creek, within the SE ¼ of the NW ¼ Section 29, Township 6 South, Range 92 West of the 6th P.M., at a point 2600 ft east of the west section line and 2550 ft south of the north section line. The headgate of the Adolfo Spring No. 5 is located at a point on an unnamed tributary, within the SE ¼ of the NE ¼ Section 18, Township 6 South, Range 92 West of the 6th P.M., at a point 1030 ft west of the east section line and 1660 ft south of the north section line. The headgate of the Crann Pipeline Ditch is located at a point on an unnamed tributary, within the SE ¼ of the SE ¼ Section 24, Township 6 South, Range 93 West of the 6th P.M., at a point 60 ft west of the east section line and 60 ft north of the south section. The headgate of the Hunter and Gant Ditch is located at a point on Dry Creek, within the NW ¼ of the SE ¼ Section 21, Township 7 South, Range 93 West of the 6th P.M., at a point 1820 ft west of the east section line and 70 ft south of the north section. The headgate of the Cedar Spring and Ditch is located at a point on an unnamed tributary, within the SE ¼ of the NW ¼ Section 11, Township 7 South, Range 93 West of the 6th P.M., at a point 1800 ft east of the west section line and 2500 ft south of the north section line. The headgate of the Side Hill Ditch is located at a point on an unnamed tributary, within the NE ¼ of the NE ¼ Section 19, Township 6 South, Range 93 West of the 6th P.M., at a point 1000 ft west of the east section line and 900 ft south of the north section line. The headgate of the Anderson Interception Ditch is located at a point on an unnamed tributary, within the NW ¼ of the NE ¼ Section 19, Township 6 South, Range 93 West of the 6th P.M., at a point 1450 ft west of the east section line and 600 ft south of the north section line. The headgate of the McCarnes Spring No. 1 is located at a point on an unnamed tributary, within the NW ¼ of the NE ¼ Section 19, Township 6 South, Range 93 West of the 6th P.M., at a point 2400 ft west of the east section line and 250 ft south of the north section line. The headgate of the McCarnes Spring No. 2 is located at a point on an unnamed tributary, within the NE ¼ of the NW ¼ Section 19, Township 6 South, Range 93 West of the 6th P.M., at a point 1950 ft east of the west section line and 600 ft south of the north section line. The headgate of the McCarnes Spring No. 3 is located at a SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 13 point on an unnamed tributary, within the NE ¼ of the NW ¼ Section 19, Township 6 South, Range 93 West of the 6th P.M., at a point 1700 ft east of the west section line and 500 ft south of the north section line. The headgate of the McCarnes Spring No. 4 is located at a point on an unnamed tributary, within the NW ¼ of the NW ¼ Section 19, Township 6 South, Range 93 West of the 6th P.M., at a point 1350 ft east of the west section line and 740 ft south of the north section line. The headgate of the Buffalo Ditch is located at a point on Beaver Creek, within the NE ¼ of the NW ¼ Section 26, Township 6 South, Range 94 West of the 6th P.M., at a point 2000 ft east of the west section line and 700 ft south of the north section line. The Region 8 Service Area includes: (1) portions of Section 36, T. 5 S., R. 91 W., 6th P.M.; (2) portions of Sections 2, 3, 4, 5, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, and 28, T. 6 S., R. 91 W., 6th P.M.; (3) all of Sections 19, and 20, and portions of Sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, 28, 29, 30, and 31, T. 6 S., R. 92 W., 6th P.M.; (4) all of Sections 13, 21, 22, 23, 26, 27, 28, 29, 31, 32, 33, 34, 35, and portions of Sections 11, 12, 14, 15, 16, 17, 18, 19, 20, 24, 25, 30, and 36 T. 6 S., R. 93 W., 6th P.M.; (5) portions of Sections 13, 22, 23, 24, 25, 26, 27, and 36, T. 6 S., R. 94 W., 6th P.M.; (6) all of Sections 2, 3, 4, 5, and 9, and portions of Sections 1, 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 20, 21, 22, and 23, T. 7 S., R. 93 W., 6th P.M.;and (7) portions of Section 6, T. 7S., R. 92 W., 6th P.M. Region 9. This Region is the area south of the Colorado River, and all tributaries thereto, between Beaver Creek and a point on the Colorado River in Section 18, Township 9 South, Range 97 West including only areas north of Section 14-18 and 1-2, Township 9 South, Range 97 West, Sections 31-34, Township 9 South, Range 97 West, excluding areas upstream of the following structures: (1) Luxon Spring and Ditch; (2) Buffalo Ditch on Beaver Creek; (3) Rancho Tres Well No. 2 on Porcupine Creek; (4) Anderson Ditch on Spruce Creek; (5) Reeves Spring on Spring Run-Gulch; (6) Mocking Bird Ditch on Cache Creek; (7) Potter Springs No 1 2 3 Ditch; (8) Graves Springs; (9) Mahaffey Gathering D No 1; (10) Mahaffey Gathering D No 2; (11) Spring Creek Ditch on Cottonwood Creek; (12) Forshee Gathering D No 2; (13) Slide Creek Ditch No 2; (14) Slide Creek Ditch No 1; (15) Rivers Ditch; (16) Knight Ditch; (17) Wayne Ditch on Battlement Creek; (18) Grand Valley Water Supply Pl; (19) Spring Gulch D No 1; (20) Spring Gulch D No 2; (21) Spring Gulch D No 3; (22) Revell Spring and WW; (23) Monument Gulch Ditch; (24) Dry Creek Ditch on Dry Creek; (25) James Leonard Spring; (26) Pete and Bill Ditch on Pete and Bill Creek; (27) Tanney No 2 Ditch on Spring Creek; (28) Baker Springs; (29) Baker Ditch on Wallace Creek; (30) Eaken Ditch No 1 on Little Alkali Creek; and (31) Sawyer Ditch on Alkali Creek. Legal Description: The confluence of Beaver Creek and the Colorado River is located within the SE ¼ of the SE ¼ in Section 22, Township 6 South, Range 94 West of the 6th P.M., at a point 600 ft west of the east section line and 150 ft north of the south section line. The downstream extent of the Region 9 boundary is a point on the Colorado River located within the SE ¼ of the SE in ¼ in Section 18, Township 9 South, Range 97 West, of the 6th P.M., at a point 1060 ft west of the east section line and 0 ft north of the south section line. The headgate of the Luxon Spring and Ditch is located at a point on an unnamed tributary, within the SW ¼ of the NE ¼ Section 26, Township 6 South, Range 94 West of the 6th P.M., at a point 1600 ft west of the east section line and 2000 ft south of the north section line. The headgate of the Buffalo Ditch is located at a point on Beaver Creek, within the NE ¼ of the NW ¼ Section 26, Township 6 South, Range 94 West of the 6th P.M., at a point 2000 ft east of the west section line and 700 ft south of the north section line. The headgate of the Rancho Tres Well No. 2 is located at a point on Porcupine Creek, within the SW ¼ of the SW ¼ Section 26, Township 6 South, Range 94 West of the 6th P.M., at a point 1060 ft east of the west section line and 920 ft north of the south section line. The headgate of the Anderson Ditch is located at a point on Spruce Creek, within the NE ¼ of the NE ¼ Section 4, Township 7 South, Range 94 West of the 6th P.M., at a point 215 ft west of the east section line and 950 ft south of the north section line. The headgate of the Reeves Spring is located at a point on Spring Run-Gulch, within the NW ¼ of the SW ¼ Section 4, Township 7 South, Range 94 West of the 6th P.M., at a point 860 ft east of the west section line and 2840 ft south of the north section line. The headgate of the Mocking Bird Ditch is located at a point on an Cache Creek, within the NW ¼ of the SE ¼ Section 32, Township 6 South, Range 94 West of the 6th P.M., at a point 600 ft east of the west section line and 2500 ft north of the south section line. The headgate of the Potter Springs No 1 2 3 Ditch is located at a point on an unnamed tributary, within the SW ¼ of the SW ¼ Section 30, Township 6 South, Range 94 West of the 6th P.M., at a point 80 ft east of the west section line and 100 ft north of the south section line. The headgate of the Graves Springs is located at a point on an unnamed tributary, within the NE ¼ of the NE ¼ Section 36, Township 6 South, Range 95 West of the 6th P.M., at a point 1300 ft west of the east section line and 500 ft south of the north section line. The headgate of the Mahaffey Gathering D No 1 is located at a point on an unnamed tributary, within the SE ¼ of the NW ¼ Section 36, Township 6 South, Range 95 West of the 6th P.M., at a point 2100 ft east of the west section line and 1850 ft south of the north section line. The headgate of the Mahaffey Gathering D No 2 is located at a point on an unnamed tributary, within the NE ¼ of the SE ¼ Section 35, Township 6 South, Range 95 West of the 6th P.M., at a point 500 ft west of the east section line and 1550 ft north of the south section line. The headgate of the Spring Creek Ditch is located at a point on Cottonwood Creek, within the SW ¼ of the NE ¼ Section 2, Township 7 South, Range 95 West of the 6th P.M., at a point 1500 ft west of the east section line and 2150 ft south of the north section line. The headgate of the Forshee Gathering D No 2 is located at a point on an unnamed tributary, within the SE ¼ of the NW ¼ Section 2, Township 7 South, Range 95 West of the 6th P.M., at a point 1100 ft east of the west section line and 1500 ft south of the north section line. The headgate of the Slide Creek Ditch No 2 is located at a point on an unnamed tributary, within the SE ¼ of the NW ¼ Section 3, Township 7 South, Range 95 West of the 6th P.M., at a point 2240 ft west of the east section line and 1800 ft south of the north section line. The headgate of the Slide Creek Ditch No 1 is located at a point on an unnamed tributary, within the SW ¼ of the NE ¼ Section 3, Township 7 South, Range 95 West of the 6th P.M., at a point 2320 ft east of the west section line and 2000 ft south of the north section line. The headgate of the Rivers Ditch is located at a point on an unnamed tributary, within the SE ¼ of the NE ¼ Section 4, Township 7 South, Range 95 West of the 6th P.M., at a point 200 ft west of the east section line and 2150 ft south of the north section line. The headgate of the Wayne Ditch is located at a point on Battlement Creek, within the SE ¼ of the NW ¼ Section 4, Township 7 South, Range 95 West of the 6th P.M., at SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 14 a point 2600 ft east of the west section line and 1800 ft south of the north section line. The headgate of the Grand Valley Water Supply Pl is located at a point on an unnamed tributary, within the NE ¼ of the SE ¼ Section 5, Township 7 South, Range 95 West of the 6th P.M., at a point 960 ft west of the east section line and 350 ft north of the south section line. The headgate of the Spring Gulch D No 1 is located at a point on an unnamed tributary, within the NW ¼ of the SE ¼ Section 5, Township 7 South, Range 95 West of the 6th P.M., at a point 1700 ft west of the east section line and 1450 ft north of the south section line. The headgate of the Spring Gulch D No 2 is located at a point on an unnamed tributary, within the NW ¼ of the SE ¼ Section 5, Township 7 South, Range 95 West of the 6th P.M., at a point 1650 ft west of the east section line and 1550 ft north of the south section line. The headgate of the Spring Gulch D No 3 is located at a point on an unnamed tributary, within the NW ¼ of the SE ¼ Section 5, Township 7 South, Range 95 West of the 6th P.M., at a point 1500 ft west of the east section line and 1700 ft north of the south section line. The headgate of the Revell Spring and WW is located at a point on an unnamed tributary, within the SE ¼ of the SE ¼ Section 5, Township 7 South, Range 95 West of the 6th P.M., at a point 1120 ft west of the east section line and 700 ft north of the south section line. The headgate of the Monument Gulch Ditch is located at a point within the NW ¼ of the SW ¼ Section 18, Township 7 South, Range 95 West of the 6th P.M., at a point 2020 ft north of the south section line and 470 ft east of the west section line. The headgate of the Dry Creek Ditch is located at a point on Dry Creek, within the SW ¼ of the SW ¼ Section 24, Township 7 South, Range 96 West of the 6th P.M., at a point 650 ft east of the west section line and 880 ft north of the south section line. The headgate of the James Leonard Spring is located at a point on an unnamed tributary, within the NW ¼ of the NW ¼ Section 1, Township 8 South, Range 96 West of the 6 th P.M., at a point 150 ft east of the west section line and 400 ft south of the north section line. The headgate of the Pete and Bill Ditch is located at a point on Pete and Bill Creek, within the SE ¼ of the NE ¼ Section 35, Township 7 South, Range 96 West of the 6 th P.M., at a point 240 ft west of the east section line and 2330 ft south of the north section line. The headgate of the Tanney No 2 Ditch is located at a point Spring Creek, within the NW ¼ of the SE ¼ Section 34, Township 7 South, Range 96 West of the 6th P.M., at a point 1550 west of the east section line and 2550 ft north of the south section line. The headgate of the Baker Springs is located at a point on an unnamed tributary, within the NE ¼ of the SW ¼ Section 34, Township 7 South, Range 96 West of the 6th P.M., at a point 1770 ft east of the west section line and 1550 ft north of the south section line. The headgate of the Baker Ditch is located at a point on Wallace Creek, within the SE ¼ of the NW ¼ Section 3, Township 8 South, Range 96 West of the 6th P.M., at a point 2020 ft east of the west section line and 1450 ft south of the north section line. The headgate of the Eaken Ditch No 1 is located at a point on Little Alkali Creek, within the NE ¼ of the NW ¼ Section 4, Township 8 South, Range 96 West of the 6th P.M., at a point 2600 ft east of the west section line and 500 ft south of the north section line. The headgate of the Sawyer Ditch is located at a point on Alkali Creek, within the SE ¼ of the NE ¼ Section 8, Township 8 South, Range 96 West of the 6th P.M., at a point 170 ft west of the east section line and 2670 ft north of the section line. The Region 9 Service Area includes: (1) portions of Sections 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, T. 6 S., R. 94 W., 6th P.M.; (2) portions of Sections 25, 35, and 36, T. 6 S., R. 95 W., 6th P.M.; (3) portions of Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16, and 17, T. 7 S., R. 94 W., 6th P.M.; (4) portions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 28, 29, and 30, T. 7 S., R. 95 W., 6th P.M.; (5) portions of Sections 13, 23, 24, 25, 26, 27, 33, 34, 35, and 36, T. 7 S., R. 96 W., 6th P.M.; (6) all of Sections 18, 19, 20, 29, 30, 31, and 32, and portions of Sections 1, 2, 3, 4, 5, 7, 8, 9, 16, 17, 21, 28, 33, and 34, T. 8 S., R. 96 W., 6th P.M.; (7) all of Sections 25, 34, 35, and 36, and portions of Sections 13, 23, 24, 26, 27, 33, T. 8 S., R. 97 W., 6th P.M.; and (8) all of Sections 1, 2, 3, 9, 10, 14, 15, and 16, and portions of Sections 4, 5, 8, 11, 12, 13, 17, and 18, T. 9 S., R. 97 W., 6th P.M. A detailed outline of what has been done toward placing water to beneficial use, including expenditures is outlined in the Application. CLAIM TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE (1) Applicant claims 5.04 cfs (68.14 acre feet) of the conditional exchange rights referenced above should be made absolute by virtue of that water being diverted and placed to beneficial use. The following information is sourced from Table 1 of the application and describes each structure associated with the absolute exchange claim. Each structure listed below is described by exchange zone, structure name, contract no., UTMx, UTMy, structure type, well permit no, exchange rate in cubic feet per second, exchange amount in acre feet. Structures are separated by a semicolon. 1, Claassen Well, 020328TC(a), 304636.0, 4369649.6, Well, 221317-, 0.03, 0.43; 1, Schneider ADU Well, 090521JS(a), 301654.1, 4373355.4, Well, 68451-F, 0.03, 0.46; 1, Vetter Well, 140619STV(a), 300451.34, 4376129.76, Well, 78266- F, 0.02, 0.04; 3, M. Rippy Well, 061214MTR(a), 286226.4, 4383191.5, Well, 65350-F, 0.03, 0.4; 3, OOS Lot 1 Well, 091210RMG#1(a), 288224.8, 4383490, Well, 57578-F, 0.03, 0.13; 3, OOS Lot 4 Well, 091210RMG#4(a), 288081.6, 4383493.9, Well, -, 0, 0.13; 3, CWHF Well, 100422CWH(b), 289412, 4383241.6, Well, 74683-F, 0.22, 0.25; 3, McGirr Well No. 1, 140220TE(a), 286345.71, 4382893.74, Well, 78064-F, 0.01, 0.02; 4, C.R. Commercial Properties Well, 000106CR#4(b), 268170.1, 4382968.1, Well, 52795-F, 0.03, 0.11; 4, Lyon Well, 000216LLC(a), 270016.6, 4381877.7, Well, 53647-F, 0.03, 0.1; 4, Costanzo Well, 000223KLC(a), 267490.3, 4381525.6, Well, 53597-F, 0.02, 0.17; 4, Piffer Well #1, 000621#1EP(b), 274168.5, 4383762.5, Well, 53606-F, 0, 0.1; 4, Piffer Well #2, 000621#2EP(c), 273999.8, 4383534.1, Well, 53607-F, 0, 0.1; 4, Bass Well #1, 000621BB(b), 268852.7, 4381925.5, Well, 55203-F, 0.11, 4.38; 4, Bass Well #2, 000621BB(b), 268870.6, 4381949.0, Well, 62706-F, 0.03, 4.38; 4, Native Springs Well #1, 000906PJL(b), 264546.0, 4380831.5, Well, 57484-F, 0.03, 0.72; 4, Native Springs Well #3, 000906PJL(b), 264542.8, 4381005.7, Well, 57486-F, 0.02, 0.72; 4, Native Springs Well #6, 000906PJL(b), 264542.7, 4381237.1, Well, 65355-F, 0.02, 0.72; 4, Native Springs Well #9, 000906PJL(b), 264400.9, 4381008.1, Well, 62262-F, 0.03, 0.72; 4, Native Springs Well #10, 000906PJL(b), 264399.8, 4380922.9, Well, 62263-F, 0.03, 0.72; 4, Wesson Well, 010628CW(a), 269613.8, 4381682.3, Well, 201143- , 0.03, 0.44; 4, Walter Well, 010628KJW(a), 270635.7, 4381627.9, Well, 206241-, 0.03, 0.1; 4, Lyon Lot 1 Well, 010628KML#1(c), 274449.3, 4381798.9, Well, 54896-F, 0, 0.05; 4, Snyder Well, 011025WLS(a), 267075.7, 4381325.1, Well, 56618-F, 0.03, 0.94; 4, Parrington Well #2, 020328JNP#2(b), 266955.1, 4381273.2, Well, 58478-F, 0.03, 0.24; 4, Neffendorf Well, 020627KN(b), 269072.2, SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 15

4382122.6, Well, 57503-F, 0.02, 0.24; 4, Zelenka Subdivision Well, 020807Z(a), 275782.2, 4383815.4, Well, 58841-F, 0.02, 0.55; 4, Armijo Well, 020827AA(a), 274817.5, 4381988.2, Well, 57505-F, 0.01, 0.24; 4, Casey Well #1, 030227DCC(a), 263649.4, 4379592.2, Well, 60968-F, 0.03, 2.95; 4, Brickey Well, 030227MSB(b), 268805.5, 4381593.6, Well, 60841-F, 0.03, 0.17; 4, GMCO Corp. Well No. 1, 030520GC(a), 264144.1, 4381097.4, Well, 57535-F, 0.03, 0.24; 4, Latham Well, 030724KML(a), 263747.4, 4380926.2, Well, 61039-F, 0.01, 0.27; 4, GP Well No. 1, 030821LC(a), 269712.1, 4381951.6, Well, 242127-, 0.03, 0.36; 4, McPherson Well, 030821LP(a), 270134.4, 4382752.0, Well, 60667-F, 0.11, 0.48; 4, Kriz Well, 030925KK(a), 263179.1, 4379643.6, Well, 60288-F, 0, 0.41; 4, Dechert Well, 031016CAD(a), 269511.4, 4382046.5, Well, 60355-F, 0.02, 0.06; 4, Snyder Well, 040115PM(a), 279125.6, 4381269.4, Well, 60715-F, 0.02, 0.16; 4, Thode Gulch, 040714DA(b), 269042.3, 4382275.3, Reservoir, -, 0, 0.31; 4, Thode Gulch, 040714DA(b), 269012.9, 4382250.2, Reservoir, -, 0, 0.31; 4, Garrison Well, 050519KG(b), 269813.7, 4381848.6, Well, 52710-F, 0.03, 0.28; 4, Mentink Well, 070322RLM(a), 273960.5, 4383757.5, Well, 241252-, 0.02, 0.27; 4, Whittington Well #2, 070621VWFT(a), 276783.1, 4382055.1, Well, 66057-F, 0.02, 0.32; 4, Niemann Well, 080101SBN(a), 279097.7, 4382401.5, Well, 67223-F, 0.08, 0.4; 4, Powerline Well #1, 110216PPP(a), 264099.3, 4380269.8, Well, 67243-F, 0.03, 1.82; 4, Powerline Well #2, 110216PPP(a), 264050.6, 4380240.4, Well, 67244-F, 0.03, 1.82; 4, C. Bagley Well, 110421CB(b), 269101.14, 4381941.79, Well, 75924-F, 0.03, 0.25; 4, MyersWell #1, 110721MAP(a), 265333.4, 4380692.26, Well, -, 0, 2.37; 4, Steven's Well, 111020PVA(a), 275186.9365, 4381375.6577, Well, 75689-F, 0.12, 0.19; 4, Copeland Well, 120309KC(a), 265183.6335, 4380457.0713, Well, 76013-F, 0.03, 0.41; 4, R/J Well, 120816CCP(a), 279263.1167, 4381802.2277, Well, 76692-F, 0.03, 0.1; 4, GE Bagley Well, 120816GB(a), 269393.5426, 4382560.5901, Well, 76688-F, 0.06, 0.2; 4, Perau Well, 140424RP(a), 264951.36, 4381570.96, Well, 78102-F, 0.03, 0.15; 4, Moulton Well, 140619WMM(a), 277414, 4381137, Well, 78471-F, 0.03, 0.1; 4, Self Well, 160421SSS(a), 272118.2, 4382429.4, Well, 79819-F, 0.01, 0.11; 4, Rumery Well, 911227TSR(a), 279207.0, 4382261.4, Well, 112000-A, 0, 0.23; 4, Jean M. Smith Well, 950815JS(b), 2697722, 4381035.1, Well, 50767-F-R, 0.03, 1.6; 4, Wills Well #2, 970930ELW(c), 270869.1, 4382248.7, Well, 49796-F, 0.03, 0.18; 4, Kneedler Well, 980813PJK(a), 269087.9, 4381596.3, Well, 50769-F, 0.03, 0.18; 4, Azeez Well #1, 981218SA#1(d), 264765.3, 4381485.9, Well, 51544-F, 0.03, 0.13; 4, Azeez Well #2, 981218SA#2(b), 264991.4, 4381473.5, Well, 51545-F, 0.03, 0.13; 4, Azeez Well #3, 981218SA#3(b), 264765.4, 4381254.5, Well, 51546-F, 0.03, 0.13; 4, Azeez Well #4, 981218SA#4(c), 265029.1, 4381250.1, Well, 51547-F, 0.03, 0.13; 4, Hunt Well, 990607ESH(a), 276751.2, 4382041.2, Well, 51939-F, 0.01, 0.12; 4, Gould Well, 990628NG(a), 268875.3, 4381482.2, Well, 51943-F, 0.03, 0.34; 4, Brackett/Bass #A1, 990812#1BB(b), 268067.1, 4381589.7, Well, 52379-F, 0.03, 0.12; 4, Brackett/Bass Well #A2, 990812#2BB(b), 268270.4, 4381628.1, Well, 52380-F, 0.03, 0.1; 4, Brackett/Bass Well #A3, 990812#3BB(a), 268466.7, 4381626.0, Well, 63400-F, 0.03, 0.1; 5, Teter Well, 040518DBT(a), 246524.5, 4375891.4, Well, 61348-F, 0, 0.59; 5, Tri-State Well #2, 061214TST(a), 246733.44, 4376138.23, Well, 75023-F, 0.01, 2.43; 5, Strong Well, 070322SL(a), 233008.9, 4365913.1, Well, 67484- F, 0.02, 0.18; 5, Callahan Well #1, 080828CCP(a), 238101.2, 4372100.4, Well, 75971-F, 0.03, 0.09; 5, Callahan Well #2, 080828CCP(a), 237961.7449, 4371747.5286, Well, 75972-F, 0.03, 0.09; 5, Naugle Well #2, 090219HN(a), 247080.9, 4376362.1, Well, 67992-F, 0.02, 2.49; 5, Plus Five Well, 150219PF(a), 232288, 4366035, Well, 79121-F, 0.02, 0.06; 5, Glenn Well #1, 990608CG(b), 236944.3, 4370504.0, Well, 51945-F, 0.03, 0.91; 5, Glenn Well #2, 990608CG(b), 300833.7, 4373343.2, Well, , 0.01, 0.91; 6, East Mesa Well 2, 060720EME(a), 225309.1, 4360490.8, Well, 65360-F, 0.02, 3.88; 7, Burning Mountain Well, 000621BMLCC(b), 283104.9, 4382810.0, Well, 54774-F, 0, 1.32; 7, Keith Pump, 020725GK(a), 281228.2, 4382579.7, Pump, -, 0, 0.12; 7, Bush Pump, 020725RB(a), 281304.1, 4382579.4, Pump, -, 0, 0.11; 7, Yount Pump, 020807PY(a), 281228.5, 4382540.8, Pump, -, 0, 0; 7, Fedriko Pump, 020808PF(a), 281342.3, 4382559.8, Pump, -, 0, 0.63; 7, New Castle Well, 920617TNC(b), 283008.1, 4382990.5, Well, 141621-, 0.09, 0.04; 8, Chase Well, 000419RCC(b), 278613.8, 4380765.6, Well, 53599-F, 0, 0.16; 8, Dwyer Well, 000816LD(a), 281926.7, 4381180.5, Well, 53625-F, 0.01, 0.12; 8, Gilead Gardens Well #1 , 010322GGHA(a), 276464.7, 4380114.6, Well, 56217-F, 0.04, 2.13; 8, Gilead Gardens River Diversion, 010322GGHA(a), 276305.9, 4380326.6, Ditch, -, 1, 2.13; 8, McPherson Spring No. 3, 030123GJM(a), 274458.1, 4379541.5, Spring, -, 0.03, 0.3; 8, Collins Well, 030612BC(a), 268178.7, 4379242.1, Well, 60317-F, 0, 0.05; 8, Riverview Ranch Well No. 3, 050616RR(a), 275277.1, 4379850.9, Well, 66674-F, 0.03, 7.38; 8, Riverview Ranch Well No. 4, 050616RR(a), 275350.3, 4379852.5, Well, 66675-F, 0.03, 7.38; 8, Riverview Ranch Well No. 5, 050616RR(a), 275421.9, 4379850.2, Well, 66676-F, 0.03, 7.38; 8, Kancilia Well, 050818LK(a), 269950.7, 4379468.8, Well, 119069-, 0.03, 0.09; 8, Ramirez Well, 060101GR(a), 269309.7, 4377688.0, Well, 63980-F, 0.11, 0.03; 8, Hasenberg Well #1, 070215GD(b), 262413.9, 4376202.3, Well, 67567-F, 0.01, 1.33; 8, Danels Well #1, 070215GD(b), 262364.2, 4376453.8, Well, 67565-F, 0.03, 1.33; 8, Daniels Well #2, 070215GD(b), 262413.5, 4376426.4, Well, 67566-F, 0.03, 1.33; 8, Wallace Well, 070719GPW(a), 264044.0, 4374002.5, Well, 66111-F, 0.01, 0.13; 8, Eagle Springs Organic Well no. 1, 100819ES(a), 269142.7, 4378305.8, Well, 282954-, 0.05, 2.37; 8, Lazier/Sills Well #2, 110721PO(a), 264291.51, 4376630.68, Well, 75546-F, 0.04, 0.79; 8, Bedrock Resources Well No. 1, 120119BR(a), 267387.7201, 4378597.2275, Well, 287244-, 0, 0.7; 8, Schultz Well #1, 120621RKN(a), 278204.5451, 4380655.2243, Well, -, 0, 0.92; 8, Schultz Pump #1, 120621RKN(a), 278208.638, 4380687.893, Pump, -, 0, 0.92; 8, Davis Well, 140220DC(a), 272710.13, 4379734.03, Well, 78366-F, 0.03, 0.14; 8, Kelly Well, 150618GK(a), 262026.2, 4372738.8, Well, 79726-F, 0.01, 0.02; 8, Toler Well, 990527TCT(a), 272568.7, 4379848.7, Well, 52376-F, 0.03, 0.13; 8, Wigger Replacement Well, 990527TCT(a), 272583.8, 4379874.2, Well, 65800-F-R, 0.04, 0.13; 9, Satterfield Well, 000419JS(a), 233908.9, 4362371.8, Well, 218963-, 0.02, 0.12; 9, Monument Ridge Well #23, 010531MRHA(a), 239184.0, 4368629.2, Well, 57703-F, 0.03, 1.48; 9, Monument Ridge Parcel E3: Well #1, 010531MRHA(a), 239235.0, 4369007.8, Well, 64327-F, 0.03, 1.48; 9, Monument Ridge Parcel E1: Well #1, 010531MRHA(a), 239294.0, 4369224.4, Well, 64325-F, 0.02, 1.48; 9, Monument Ridge Parcel E2: Well #2, 010531MRHA(a), 239297.8, 4369081.6, Well, 64326-F, 0.02, 1.48; 9, RAS Well #27, 010531RALA(a), 253448.3, 4374993.6, Well, 55951-F, 0.03, 0.14; 9, Waldner Well, SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 16

010531SBW(a), 225291.47, 4359012.55, Well, 54899-F, 0.03, 0; 9, Una Ranch Spring, 031120SK(a), 232072.8, 4364604.2, Spring, -, 0.08, 2.97; 9, Swayne Well, 040714RALA(a), 253506.9, 4374804.8, Well, 61751-F, 0.02, 0.26; 9, PGS River Diversion, 070215PG(a), 236603.1, 4368535.5, Ditch, -, 0, 1.26; 9, Manupella Well, 070419AGM(a), 242320.0, 4372577.6, Well, 66022-F, 0.02, 0.13; 9, Gardner Well, 071210MHG(a), 239597.5, 4368515.8, Well, 66636-F, 0.01, 0.14; 9, Taylor Pond-Well, 080529RLT(a), 235553.4, 4368465.6, Well, 67676-F, 0.05, 1.94; 9, Meader Well, 081016DM(a), 243742.4, 4371960.0, Well, 67777-F, 0.03, 0.23; 9, Lucero Well, 100819ML(a), 243611.5, 4371475.9, Well, 74732-F, 0.03, 0.25; 9, Castle Well, 111213NAC(a), 243355.1944, 4372278.9482, Well, 221291-, 0.03, 0.3; 9, North Star Well, 120216TT(a), 240569.3025, 4372105.7077, Well, 67379-F, 0.03, 0.2; 9, S. Snyder Well, 120920SMS(a), 253283.1703, 4375443.2381, Well, 51469-F, 0.02, 1.22; 9, Nagle Well #2, 980810RN#2(c), 243566.1, 4372273.2, Well, 50502-F, 0.02, 0.12; 9, L. Warren Jewell Well #1, 980817GWJ(b), 243496.2, 4372588.6, Well, 50504-F, 0.02, 0.12; 9, RAS Well #4, 981027JS4(b), 253396.7, 4374771.2, Well, 61750-F, 0.01, 0.26; 9, RAS #5, 981027JS5(b), 253073.9, 4374007.4, Well, 51256-F, 0.03, 0.37; 9, Allred Well, 990329A(a), 239829.1, 4368947.1, Well, 51470-F, 0.03, 0.12; 9, RAS West #1, 990421JS(b), 253236.4, 4374920.7, Well, 52119-F, 0.02, 0.14;. Water will be placed to beneficial use within the boundaries of the Area A Service Area as defined in Exhibit A. The specific owners of land upon which the water rights will be placed to beneficial use will be determined at future dates as augmentation contracts are issued. The water rights may be put to beneficial use on lands owned by many individuals and entities who are currently unknown to Applicant. Therefore, it is not feasible to list at this time the names and addresses of all the owners of land upon which water may be placed to beneficial use. (3) Applicant continues to develop its conditional water right and requests the Court find the Applicant has been reasonably diligent in the development of its conditional water right. Applicant further requests the Court find that 5.04 cfs (68.14 acre feet) of its conditional exchange right has been made absolute by the diversion and application of that water to beneficial use. Applicant requests a finding of reasonable diligence as to all conditional amounts and uses for the subject conditional exchange rights; a finding that 5.04 cfs (68.14 acre feet) of the exchange has been made absolute; and such other and further relief as the Court may deem appropriate. (20 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3085 GRAND COUNTY, COLORADO RIVER. Application for Findings of Reasonable Diligence, to Make Absolute, and for Absolute Water Storage Right. Rick and Linda Richmond Family Trust, c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. Structure: Richmond Pond. Original decree entered 09/26/10 in Case No. 07CW207. Location: 1,000 ft N of S sec line and 1,413 ft E of W sec line in the SE1/4 SW1/4 of Sec 24, T 4 N, R 76 W, 6th PM. Ditch used to fill reservoir: Pitcher Ditch, located in the SW1/4 NW1/4 of Sec 24, T 4 N, R 76 W, 6th PM, 3,855.37 ft from S sec line and 1,236.77 ft from W sec line of said Sec 24. GPS Coordinates: Northing 4460837, Easting 426939.8, Zone 13. The Pitcher Ditch also diverts water from an unnamed trib of the North Fork of the Colo River at a point in the SW1/4 NW1/4, Sec 24, T 4 N, R 76 W, 6th PM that is 2,755 ft N from S sec line and 25 ft E from W section line of Said Sec 24. Source: North Fork of Colo River and an unnamed trib thereto. Appropriation date: 09/21/07. Amount: 6.25 af, conditional, with right to fill and refill. Max rate of fill: 0.5 c.f.s., conditional. Uses: Recreational, piscatorial, wildlife watering, stockwatering, fire protection and aesthetic purposes. Surface area: 1.25 acres. Max height of dam: 9.0 ft. Length of dam: 150 ft. Total capacity: 6.25 af. Active capacity: 6.0 af. Dead storage: 0.25 af. 6.25 af applied to beneficial use on 05/30/13 for recreational, piscatorial, wildlife watering, stockwatering, fire protection and aesthetic purposes within the pond. This water right operates by plan for augmentation and exchange decreed in Case No. 07CW207. Structure: Pitcher Ditch Richmond Enlargement. Original decree entered on 09/26/10 in Case No. 07CW207. The decreed point of diversion is in SW1/4 NW1/4 of Sec 24, T 4 N, R 76 W, 6th PM, 3,855.37 ft from S sec line and 1,236.77 ft from W sec line of said Sec 24. GPS Coordinates: Northing 4460837, Easting 426939.8, Zone 13. Source: North Fork of Colo River and an unnamed trib thereto. Appropriation date: 09/21/07. Amount: 0.5 cfs, conditional. Uses: Stockwatering and to fill and refill Richmond Pond (for the purposes of recreational, piscatorial, wildlife watering, stockwatering, fire protection and aesthetic). 0.5 cfs applied to beneficial use on 05/30/13 for stockwatering and to fill and refill Richmond Pond. Place of use: In Richmond Pond and along the length of the Pitcher Ditch from its point of diversion to Richmond Pond. This water right is operated in conjunction with the plan for augmentation decreed in Case No. 07CW207. Structure: Richmond Well No. 1. Original decree entered 09/26/10 in Case No. 07CW207. Location: SW1/4 SW1/4 Sec 24, T 4 N, R 76 W, 6th PM, 929 ft from S sec line and 952 ft from W sec line of said Sec 24. GPS Coordinates: Northing 4460116, Easting 427017, Zone 13. Source: Groundwater trib to North Fork of Colo River. Depth: 300 ft. Appropriation date: 09/21/07. Amount: 50 gpm, conditional. Uses: Domestic in three single family dwellings, irrigation, fire protection and other beneficial purposes. Acres to be irrigated: 1.5. 15 gpm applied to beneficial use on 11/01/11 for domestic use within one single-family dwelling and 1.5 acres of irrigation. Place of SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 17 use: Within and around the existing residence on Applicant’s property in the NE¼SW¼SW¼ Sec 24, T 4 N, R 76 W, 6th PM. Remarks: this water right is exercised in conjunction with the plan for augmentation decreed in Case No. 07CW207 and Richmond Exchange, described below. The well operates pursuant to Well Permit No. 75663-F. Structure: Richmond Exchange. Original decree entered 09/26/10 in Case No. 07CW207. Downstream terminus: On the north bank of the Colo River at the confluence with Muddy Creek (when water is supplied from Wolford Mountain Reservoir), and Lake Granby (when water is supplied from Ruedi Reservoir). Upstream terminus: Points of diversion of Pitcher Ditch Richmond Enlargement and Richmond Well. Appropriation date: 11/30/07. Max rate of exchange: 0.25 cfs, conditional, not to exceed 5.0 af annually. Date water applied to beneficial use: 07/01/13. Amount of water applied to beneficial use: 5.0 af at a max rate of 0.25 cfs. Used for augmentation. Remarks: This water right is exercised in conjunction with the plan for augmentation decreed in Case No. 07CW207. The as-built capacity of Richmond Pond is larger than originally decreed; therefore, a new water storage right is claimed below for that portion of the pond that exceeds the originally-decreed capacity of Richmond Pond: Richmond Pond First Enlargement. Location and sources: same as Richmond Pond, above. Appropriation date: 09/30/09, by construction of pond. Date water applied to beneficial use: 05/30/13. Amount: 0.95 af, absolute. Max rate of fill: 0.5 cfs. Uses: Recreational, piscatorial, wildlife watering, stockwatering, fire protection and aesthetic purposes. Surface area of high water line: 1.2 acres. Max height of dam: Not applicable; the pond is entirely excavated. Total capacity: 7.2 af. Active capacity: 7.0 af. Dead storage: 0.2 af. Owners of land: Applicant, Lyle Hileman, 2162 County Road 491, Grand Lake CO, 80447, and Max Pitcher, 2164 County Road 491, Grand Lake, CO 80447. (10 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3086 (09CW43). IN EAGLE COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF CRYSTAL RIVER RANCH CO., LLP, IN GARFIELD COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Glenwood Springs, CO 81601. 1. Name, Address, and Telephone Number of Applicant: Crystal River Ranch Co., LLP, c/o Sue Anschutz Rodgers, 555 17th Street, Suite 2400, Denver, CO 80202, 303-299-1361. Direct all pleadings to: Glenn E. Porzak, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Name and Decreed Location of Structures (“Subject Water Rights”). (a) Roberts Pond No. 1. The pond is located in Section 14, Township 6 South, Range 87 West of the 6th P.M., at a point 400 feet from the west section line and 1600 feet from the north section line of said Section 14, and is on-stream. (b) Roberts Pond No. 2. The pond is located in Section 23, Township 6 South, Range 87 West of the 6th P.M., at a point 2400 feet from the west section line and 200 feet from the north section line of said Section 23, and is on-stream. (c) Bobson Pond No. 1, First Enlargement. The pond is located in Section 14, Township 6 South, Range 87 West of the 6th P.M., at a point 1770 feet from the west section line and 2440 feet from the south section line of said Section 14, and is on-stream. A map of the Subject Water Rights is attached hereto as Figure 1. 3. Description of the Subject Water Rights. (a) Decree: The Subject Water Rights were originally adjudicated by the Judgment and Decree entered by the District Court in and for Water Division No. 5, State of Colorado (the “Water Court”) on May 20, 2003, in Case No. 99CW311. (b) Source: Spring water, run-off, and return flows tributary to East Coulter Creek, Cattle Creek, and the Roaring Fork River. (c) Appropriation Date: December 15, 1999. (d) Amount: 8 acre-feet for each pond for a total of 24 acre-feet, with the right to fill and refill when in priority. The refill right is for the purpose of keeping the pond as full as possible for the uses stated in paragraph 3(e) below. The refill right will not exceed the capacity of 8 acre-feet for each pond. At no time will the water stored in any one pond be greater than the decreed amount of 8 acre-feet. (e) Uses: Livestock and wildlife watering, aesthetics, fire protection, irrigation of 5 acres immediately downstream of each pond (for a total of 15 acres), and fish culture purposes. 4. Detailed outline of work done to complete project and apply water to beneficial use. (a) In Case No. 09CW43 the Water Court found that the Subject Water Rights are appurtenant to a 420- acre parcel that was acquired by the Applicant in 2007, and this parcel and the Subject Water Rights have been integrated into an appurtenant 9,554.84 acre working ranch known as the Cottonwood Ranch. The Cottonwood Ranch includes a number of additional water rights decreed in Garfield County District Court Civil Action No. 1390 and Water Court Case Nos. 97CW277 and 99CW22 (collectively the “Cottonwood Water Rights”). The Cottonwood Water Rights include the Von Springs Reservoirs Nos. 1 and 2 and the Thomas McNulty-Coulter Creek Ditch. As such, the Water Court found in Case No. 09CW43 that the Subject Water Rights and the Cottonwood Water Rights are now part of an integrated system of water rights, such that for purposes of showing reasonable diligence with respect to said water rights, work performed, and expenses incurred in connection with the Cottonwood Ranch and any of the foregoing water rights shall be considered to be in furtherance of the diligence development of each of the Subject Water Rights. (b) During the subject diligence period, Applicant spent funds on engineering, design and permitting work to bring the SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 18 spillway capacity of the Von Springs Reservoirs Nos. 1 and 2 into compliance with the current standards of the State Engineer, and repair and pipe the Thomas McNulty-Coulter Creek Ditch. To date, these expenditures have exceeded $106,090.71. All of these expenditures are prerequisites to applying the Subject Water Rights to the beneficial uses for which they were decreed. 5. Land Ownership. The Subject Water Rights are located on land owned by the Applicant. WHEREFORE Applicant requests that the Water Court issue a final decree that (i) finds that the Applicant has demonstrated reasonable diligence with respect to the Subject Water Rights for all decreed uses; and (ii) grants such other and further relief as may be appropriate. [5 pages] YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3087 (08CW115) (01CW121) (00CW301) (94CW19). IN SUMMIT COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE UTE PEAK RIDGE ASSOCIATION, DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81610. 1. Name and Address Applicant: Ute Peak Ridge Association (“Association”), c/o Helen Royal, P.O. Box 1998, Frisco, CO 80443. All pleadings should be directed to: Kristin H. Moseley, Corina A. Hach, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302 2. Description of the conditional water rights: A. Name of Structures: Counihan Well Nos. 1 through 7, inclusive (collectively, the “Counihan Wells”). B. Decree Information: i. Original Decree: Case No. 94CW19, by the District Court in and for Water Division No. 5 (the “Water Court”) on April 19, 1995. ii. Subsequent findings of reasonable diligence: On August 26, 2002, a finding of reasonable diligence for the subject water rights was granted by the Water Court in Case No. 01CW121. On September 17, 2010, a finding of reasonable diligence for the subject water rights was granted by the Water Court in Case No. 08CW115. iii. Change Decree: By separate decree entered on August 26, 2002, in Case No. 00CW301, the Water Court: (a) approved a change in the location of Counihan Well No. 1, Counihan Well No. 2 and Counihan Well No. 3, as set forth in paragraph 2(c) below, and (b) approved a change in the place of use for all Counihan Wells to 100 acres in theS1/2 NW1/4 NE1/4 and S1/2 NE1/4 of Section 20, T. 3 S., R. 78 W., 6th P.M., Summit County, Colorado. C. Legal Description: i. Counihan Well No. 1, as described in the decree in Case No. 08CW115, is located within the boundaries of a 20 acre parcel generally located in the S1/2 NW1/4 NE1/4 of Section 20, T. 3 S., R. 78 W., 6th P.M., Summit County, Colorado, at a point 959 feet from the North line and 1,439 feet from the East line of said Section 20, as shown on the map attached as Exhibit A. ii. Counihan Well No. 2, as described in the decree in Case No. 08CW115, is located within the boundaries of a 20 acre parcel generally located in the W1/2 SW1/4 NE1/4 of Section 20, T. 3 S., R. 78 W., 6th P.M., Summit County, Colorado, at a point 1,700 feet from the North line and 2,050 feet from the East line of said Section 20. as shown on the map attached as Exhibit A. iii. Counihan Well No. 3, as described in the decree in Case No. 08CW115, is located within the boundaries of a 20 acre parcel generally located in the E1/2 SW1/4 NE1/4 of Section 20, T. 3 S., R. 78 W., 6th P.M., Summit County, Colorado, at a point 1,178 feet from the North line and 1,901 feet from the East line of said Section 20, as shown on the map attached as Exhibit A. iv. Counihan Well No. 4 was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the E1/2 SE1/4 NE1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado, as shown on the map attached as Exhibit A. v. Counihan Well No. 5 was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the W1/2 SE1/4 NE1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado, as shown on the map attached as Exhibit A. vi. Counihan Well No. 6 was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the W1/2 NE1/4 NW1/4 of Section 21, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado, as shown on the map attached as Exhibit A. vii. Counihan Well No. 7 was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the E1/2 NE1/4 NW1/4 of Section 21, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado, as shown on the map attached as Exhibit A. D. Source: Groundwater tributary to the Blue River. E. Appropriation Date: February 7, 1994. F. Amount: 15 gallons per minute (“gpm”) each. G. Use: Domestic, livestock and irrigation. H. Remarks: In Case No. 08CW115, described in paragraph 2(B)(ii) above, i. 8 gpm (0.018 cfs) of Counihan Well No. 1 was made absolute for domestic purposes; ii. 7 gpm (0.016 cfs) of Counihan Well No. 2 was made absolute for domestic, irrigation, and livestock purposes; iii. 10 gpm (0.022 cfs) of Counihan Well No. 3 was made absolute for domestic, irrigation, and livestock purposes; iv. 26 gpm (0.056 cfs), an annual volume of 9.45 acre feet, of the Exchange was decreed absolute; v. and the remaining amounts and uses for all the Wells and Exchange were continued as conditional. 3. Description of the Counihan Exchange: The Counihan Wells are part of an integrated water supply system intended to serve residential development (the “Development”) in Section 20, T. 3 S., R. 78 W., 6th P.M. Out of priority depletions associated with the Development, as identified in the augmentation plan and decree in Case No. 94CW19, are to be replaced by water releases from Green Mountain Reservoir or from Counihan Pond, an absolute water right decreed in Case No. SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 19

94CW19. When replacing depletions with Green Mountain Reservoir water, the exchange reach extends from Green Mountain Reservoir (known as the lower terminus), upstream to the point on the Blue River where the depletions from the Counihan Wells, Spring and Pond impact the Blue River (known as the upper terminus), more particularly described as the NE1/4 of Section 19, T. 3 S., R. 78 W. of the 6th P.M., approximately 600 feet from the East line and 2050 feet from the North line of said Section 19. The maximum rate of exchange is 1 c.f.s., with a total volumetric limit on the exchange of 21 acre feet per year. The priority date for the exchange is March 3, 1993. 4. Claim to Make Portion Absolute: The Association seeks confirmation that 8 gpm of Counihan Well No. 1 has been made absolute for irrigation use. Counihan Well No. 1 was previously made absolute for domestic purposes in Case No. 08CW115. The well is located on land owned by Dan and Kellie Akers, known as Lot 1 of the Ute Peak Ridge Subdivision, in Summit County. A map showing the area irrigated by Well No. 1, approximately 2.054 acres, as highlighted in green on the map attached as Exhibit A. 5. Detailed outline of work done to complete project and apply water to beneficial use: The Counihan Wells are components of an integrated water supply system for the Ute Peak Ride Subdivision. Work done on individual wells therefore demonstrates diligence for all Counihan Wells and the exchange described above in paragraph 3. Since the last diligence decree was entered on September 17, 2010, the Association has undertaken activities which demonstrate diligence with regard to the subject conditional rights including, but not limited to, the following specific activities: A. The Association has maintained its Green Mountain Reservoir contract for 21 acre feet of augmentation water per year, complied with its terms, and made annual payments to the United States Bureau of Reclamation. B. Well No. 4 was permitted and constructed under Well Permit No. 77291. The Well is located in the E1/2 SE1/4 NE1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., at a point 1,519 feet from the North section line and 335 feet from the East section line, as shown on the map attached as Exhibit A. The Well Permit and Well Construction and Test Report are attached as Exhibit B. C. The Counihan Corporation conveyed Lot 2 of the Ute Peak Ridge Subdivision, together with the associated Counihan Well, to a third party purchaser. D. AquaLogic, LLC was retained to maximize the production of Well No. 2 at a cost of $1,790. 5. Names and addresses of owners of the land upon which Structures are or will be located or upon which water is or will be placed to beneficial use: (a)Kellie and Danny Akers, Lot 1, Ute Peak Ridge Subdivision, 845 Elk Run Road, Silverthorne, CO 80498. (b) Randy Barrientez, Lot 2, Ute Peak Ridge Subdivision, 132 Elk View Road, Silverthorne, CO 80498 (c) TGR Land Company, Lot 3, Ute Peak Ridge Subdivision, 163 Ute Peak Court, Silverthorne, CO 80498. (d) Kim and Tom Long, Lot 4, Ute Peak Ridge Subdivision, 273 Elk Run Road, Silverthorne, CO 80498. (e) Helen and Gary Royal, Lot 5, Ute Peak Ridge Subdivision, 372 Elk Run Road, Silverthorne, CO 80498 (f) Sara Almond, 1840 Elk Run Road, P.O. Box 1187, Silverthorne, CO 80498 WHEREFORE, the Association respectfully requests that the Court enter the following findings: (a) Well No. 1 has been made absolute for irrigation use in the amount of 8 gpm; and (b) The Association has demonstrated reasonable diligence with respect to all other conditional water rights listed in paragraphs 2 and 3 above, which are not made absolute in their entirety, and the same, including all purposes and remaining amounts and the remaining exchange potential, are continued in full force and effect as conditional water rights. (7 Pages, 2 Exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3088 (Case Nos. 87CW383, 94CW222, 01CW037, 07CW150, and 13CW3100) ROUTT COUNTY, KING CREEK, EGERIA CREEK, ROCK CREEK, COLORADO RIVER. Application for Finding of Reasonable Diligence. Kirk J. Eberl 1794 Cold Springs Gulch Rd. Golden, CO 80401, c/o Austin Hamre, Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S Yosemite St. Ste. 500, Denver, CO 80237, 303.779.0200, [email protected]. 2. Name Of Structure: Winslow Reservoir . 3. Description of Conditional Water Right: a. Date of Original Decree: September 7, 1988, Case No. 87CW383, Court: Water Div. 5. b. Subsequent Decrees for Diligence and to Make Absolute: i. Date of Decree: March 9, 1995, Case No.: 94CW222, Court: Water Div. 5. ii. Date of Decree: August 6, 2001, Case No.: 01CW037, Court: Water Div. 5. iii. Date of Decree: November 10, 2010, nunc pro tunc September 26, 2010, Case No.: 07CW150, Court: Water Div. 5. iv. Date of Decree: August 10, 2014, Case No.: 13CW3100, Court: Water Div. 5. c. Legal description: The reservoir is located in the SW¼ SE¼ of Section 2, and the NW¼ NE¼ and the NE¼ NW¼ of Section 11, Township 1 South, Range 85 West, of the 6th P.M., Routt County, Colorado. The centerline of the dam axis is located at a point whence the SE Corner of said Section 2, Township 1 South, Range 85 West bears south 86˚ east a distance of 1,900 feet. The point can also be described as approximately 1,895 feet from the East line and 133 feet from the South Line of Section 2; however, this secondary description of the dam axis centerline is not the decreed location. The dam and reservoir is depicted in Exhibit A. d. Source of Water: An unnamed tributary of King Creek, tributary to Egeria Creek, tributary to Rock Creek, tributary to the Colorado River. e. Appropriation Date: August 31, 1985. f. Amount: 90 a.f. first-fill storage right and 90 a.f. refill right. Currently, 14.33 a.f. of the first- SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 20 fill right remains conditional. All 90 a.f. of the refill right remains conditional. g. Uses: Irrigation of 60 acres, domestic, stock watering, recreation, piscatorial, fish and wildlife propagation, and fire protection. 4. Detailed Outline Of What Was Done Toward Completion Of The Appropriation And Application Of Water To A Beneficial Use As Conditionally Decreed, Including Expenditures: a. Since the last application for a finding of reasonable diligence, Mr. Eberl has adjudicated the applications in Case No.s 07CW150 and 13CW3100. The latter application was filed in response to the enactment of SB13-041, which added C.R.S. § 37- 92-301(4)(e). The decree in Case No. 13CW3100 made additional uses absolute, but did not change the total volume that has been made absolute, and did not change the date previously established for Mr. Eberl’s next application for a finding of reasonable diligence. b. In 2016, Mr. Eberl commissioned an engineering firm to evaluate the work required for, and the cost of, raising the existing primary spillway of Winslow Reservoir’s in order to obtain his full 90 a.f. of usable storage. The cost of this engineering evaluation was approximately $3,900. Mr. Eberl anticipates having this work done during the next diligence period. c. Since the beginning of September, 2007, Mr. Eberl has expended approximately $19,900 in legal fees and costs associated with the adjudication of the two applications referenced above. d. In 2009, Mr. Eberl spent more than $2,000 obtaining a correction of the stage/area/capacity tables for Winslow Reservoir. e. Since the beginning of September, 2007, Mr. Eberl has expended approximately $5,700 in engineering fees associated with the adjudication of the two applications referenced above, and in completing quarterly site inspections. 5. Claim To Make Absolute In Whole Or In Part: Not Applicable. 6. Names(s) And Address(es) Of Owner(s) Or Reputed Owners Of The Land Upon Which Any New Diversion Or Storage Structure, Or Modification To Any Existing Diversion Or Storage Structure Is Or Will Be Constructed Or Upon Which Water Is Or Will Be Stored, Including Any Modification To The Existing Storage Pool: Winslow Reservoir is located on land owned by Mr. Eberl. (5 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

22. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3089 PITKIN COUNTY. CAPITOL CREEK. Application for Finding of Reasonable Diligence and to Make Conditional Water Rights Absolute. Applicant: Laura G. Thorne, c/o Balcomb & Green, P.C., P. O. Drawer 790, Glenwood Springs, CO 81602; (970) 945-6546. Structure: Boram and White Ditch-Thorne Pond Enl. Cases No.: 94CW142, 11/22/1994; 00CW183, 11/29/2002; 08CW162, 9/17/2010. Legal Description: On the W. bank of Capitol Creek in the SE1/4NE1/4, Sec. 8, T. 9 S., R. 86 W., 6th P.M., 2,590 ft. S. of the N. Sec. line and 780 ft. W. of the E. Sec. line. Also described as being located S. 38 deg. 50 ft. W. a distance of 10,080 ft. from the N.E. corner of Sec. 4, T. 9 S., R. 86 W. of the 6th P.M. Date of Approp.: 11/20/1993. Amt: 1.0 cfs. Use: Cond. for aug.; absolute for storage, stockwatering, rec., wildlife, irr. and fire protection. Structure: Thorne Pond. Cases No. 94CW025, 9/24/1994; 00CW182, 12/27/2002; 08CW163, 9/17/2010. Legal Description: is in the SW1/4NE1/4, Sec. 4, T. 9 S., R. 86 W., 6th P.M., 2,400 ft. S. of the N. Sec. line and 2,420 ft. W. of the E. Sec. line. The pond may also be described as located S. 46 deg., 00 ft. W. a distance of 3,450 ft. from the NE corner of Sec. 4, T. 9 S., R. 86 W., 6th P.M. Source: Capitol Creek (through the Boram and White Ditch, and Boram and White Ditch – Thorne Pond Enl.). Date of Approp.: 11/1/1993. Amt: 3.0 AF. Max. surface area: one- half acre. Max. depth: 8 ft. Use: Cond. for aug.; absolute for storage, stockwatering, rec., wildlife, irr. and fire protection. Diligence Activities. A complete list of diligence activities is on file with this Court. Claim to Make Water Right Absolute: Boram and White Ditch-Thorne Pond Enl. Date water applied to beneficial use: 6/15/2016. Amt: 1.0 c.f.s. Use: aug. (through storage in Thorne Pond). Claim to Make Water Right Absolute: Thorne Pond. Date water applied to beneficial use: 6/15/2016. Amt: 3.0 AF. Use: aug. 7 pgs. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

23. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 21

16CW3090 IN MESA COUNTY, COLORADO. APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF POWDERHORN SKI COMPANY, LLC. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO. 109 8TH STREET, GLENWOOD SPRINGS, CO 81601.1. Name and address of applicant: Powderhorn Ski Company, LLC (“Powderhorn”), 48338 Powderhorn Road, P.O. Box 250, Mesa, CO 81643, Attention: General Manager. Direct all pleadings to: Glenn E. Porzak, Porzak Browning & Bushong LLP , 2120 13th Street, Boulder, CO 80302 2. Name of structure: Mesa Creek Ditch, aka Mesa Creek Ditch No. 2. 3. Description of water right to be changed: 1.0 cfs of the Mesa Creek Ditch No. 2, decreed by the Mesa County District Court in Civil Action No. 5812 on July 25, 1941, with an appropriation date of October 10, 1883, for a total of 6.5 cfs, for domestic use and livestock purposes during the period October 1 to April 1 of each year, the source of which is Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River, the decreed point of diversion being on the right bank of Mesa Creek about the center of Township 11 South, Range 96 West of the 6th P.M., which is more specifically described as being in the SW1/4 SE1/4 of Section 16, Township 11 South, Range 96 West of the 6th P.M. at a point approximately 1,140 feet from the South section line and 2,245 feet from the East section line UTM Zone 12 x = 748484, y = 4330346. The subject water right has been historically used for livestock and domestic uses on land located in the Coon Creek drainage basin, and the 1 cfs has been a total depletion to Mesa Creek during the period October 1 to April 1. A map of the Mesa Creek Ditch No. 2 point of diversion and the historic place of use is attached as Exhibit A. 4. Description of change of water right: Powderhorn seeks to change the use and place of use of the subject water right as follows: (a)Water will be diverted at the existing point of diversion and/or the alternate point of diversion described in paragraph 4(b) below during the period October 1 to April 1 of each year for domestic, commercial, irrigation, municipal and snowmaking uses by direct flow, replacement, augmentation and exchange. The water will also be used for storage in and subsequent release for the above purposes from the H.U. Robbins Reservoir, located in the NE 1/4 NW 1/4 of Section 20, Township 11 South, Range 96 West of the 6th P.M., with the initial point of survey being at the outlet point of the discharge pipe whence the Northeast corner of Section 7 of said Township and Range bears N. 09°51ꞌ W., 11,228 feet. The location is shown on Exhibit B. (b) The water may be bypassed at the headgate, allowed to flow down Mesa Creek, rediverted through the Powderhorn Mesa Creek Pump, and delivered to the H.U. Robbins Reservoir. The Powderhorn Mesa Creek Pump is located in the SE1/4 of the SW1/4 of Section 8, Township 11 South, Range 96 West of the 6th P.M., at a point approximately 685 feet from the south section line and 2450 feet from the west section line. The location is shown in Exhibit B. UTM Zone 12 x = 746661.16, y = 4331747.23 (c) The place of use of the subject water right will be for the above purposes at the Powderhorn Mountain Resort on land located in or near Sections 18, 19, 20, 29 and 30, Township 11 South, Range 96 West of the 6th P.M., and the use set forth in paragraph 6(b) below. 5. Description of Plan for Augmentation and Exchange. (a) The subject water will be included as a water right to be used for augmentation purposes as an additional source of augmentation water under paragraph 5 of the decree in Case No. 86CW015, Water Division No. 5. To this end, water under the subject water right may be bypassed at the headgate of the Mesa Creek Ditch during the period October 1 to April 1of each year. Water under the water right may also be diverted to Big Beaver Creek for augmentation purposes pursuant to paragraph 23 of the decree in Case No. 86CW015, Water Division No. 5. (b)As indicated in paragraph 3, water under the subject water right was historically diverted out of the Mesa Creek drainage, with return flow to the Coon Creek drainage. Therefore, water delivered, stored, or used for the above purposes within the Mesa Creek drainage may, as to other water rights in the Mesa Creek drainage basin, be totally consumed for such purposes. Powderhorn may take a depletion credit under the decree in Case No. 86CW015 in an amount equal to the quantity of water bypassed at the headgate or delivered to Big Beaver Creek. At such time as a call exists on the Plateau Creek or the Colorado River downstream, use of the subject water right and the depletion credit associated therewith shall be limited to a consumptive use of 15 percent of the amount of water diverted. (c) The Powderhorn Snowmaking Exchange rate, reach and priority date shall be 1 cfs, with a lower exchange terminus at the confluence of Big Beaver Creek and Mesa Creek and an upper exchange terminus at the Powderhorn Snowmaking Building located in the NE 1/4 of the NE 1/4 of Section 30, Township 11 South, Range 96 West of the 6th P.M., at a point approximately 5 feet from the north section line and 495 feet from the east section line (UTM Zone 12 x = 746389.11 y = 4328302.65) as shown on Exhibit B , with a June 8, 2016 priority date. 6. Terms and conditions. (a) Powderhorn’s diversion and use of the subject water right for the purposes set forth in paragraph 4 above shall be limited to 150 acre feet during the months of October 1 through January 31 of each such four month period, provided, however, that Powderhorn shall not call for nor divert the subject water right in the month of October when there is a call placed by the Grand Valley Irrigation Company for any of its water rights that divert from the Colorado River below its confluence with Plateau Creek. The remainder of the water under the subject water right in excess of the 150 acre feet diverted and used by Powderhorn shall be bypassed at the headgate of the Mesa Creek Ditch No. 2 during the period October 1 to April 1 of each such six month period and shall be shepherded to the downstream point of diversion of the Ute Water Conservancy District (UWCD) on Mesa Creek, for use by UWCD for its decreed municipal and other uses. The UWCD diversion is at the Mason and Eddy Ditch (aka Carver Ranch Pipeline) located in the NE 1/4 of the SE ¼ of Section 30, Township 10 South, Range 96 West of the 6th P.M., at a point whence the West ¼ Corner of Section 29, T 10 S, R 96 W, 6th P.M. bears N 55° 03’ 26” E, 1142.78 feet. The UWCD diversion is shown on Exhibit A. (b) Use of the subject water right for augmentation purposes pursuant to paragraph 5 above shall be subject to the relevant terms and conditions of the decree in Case No. 86CW015, Water Division No. 5. 7.Names and addresses of owners of land upon which structures are or will be located or upon which water is or will be stored. See the attached Exhibit C. Wherefore, Powderhorn seeks (i) approval of its application for the change of water right described in paragraph 4, and (ii) approval of the plan for augmentation and exchange described in paragraph 5, subject to the terms and conditions set forth in paragraph 6. (7 Pages) SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 22

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

24. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3091 MESA COUNTY, COLORADO RIVER. The Town of DeBeque, Colorado, c/o Mark E. Hamilton, Esq. and William H. Caile, Esq., HOLLAND & HART LLP, 600 East Main St., Suite 104, Aspen, CO 81611, [email protected], [email protected], 970-925-2476. Application for Findings of Reasonable Diligence. Name of structure: DeBeque Water Works Pipeline and Pump Station Enlarged. Orig. decree: 80CW079, Water Div. 5, 10/15/1980. Subsequent decrees: 94CW355, 01CW108, 08CW20 (all in Water Div. 5). Location: the point of diversion is located at a point whence the NE corner of the NW ¼ SE ¼ Sec. 27, T. 8 S., R. 97 W of the 6th P.M., bears N. 69°16’ E 570 feet, at a point approx. 2870 ft. from the S. sec. line and 1475 ft. from the W. sec. line of said Sec. 27. Source: Colo. River. Approp. date: 05/25/1952. Amount: 0.75 c.f.s., conditional. Uses: all municipal purposes, including domestic, industrial, irrigation, recreation, fire protection, livestock watering, and necessary storage. The court has previously determined that the subject conditional water right is part of an integrated municipal water system, and the application requests that any final decree in this matter reconfirm as such. A detailed outline of activities during the diligence period is included in the application. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

25. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3092 (09CW7) PITKIN COUNTY. ROARING FORK RIVER. Peter and Ellen Itzler, c/o Scott C. Miller, Esq. and Christopher R. Stork, Esq., Patrick, Miller & Noto, P.C., 229 Midland Avenue, Basalt, CO 81621, (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND NEW STORAGE WATER RIGHT. First Claim: Finding of Reasonable Diligence. Heinecken-Ryan Pump and Pipeline (a/k/a Itzler Pump and Pipeline). Date of original decree: January 3, 2003. Case No. 01CW377, Division 5 Water Court. Legal description: NE ¼ of the NW ¼, Section 3, Township 9 South, Range 86 West, of the 6th P.M. at a distance of 500 feet from the North section line and 1,700 feet from the West section line. Source: Capitol Creek, tributary to the Roaring Fork River. Appropriation date: May 15, 2001. Amount: 0.14 c.f.s., conditional. Use: Irrigation, filling of Heinecken- Ryan Pond. Legal description and acreage of land to be irrigated: Approximately 2 acres on Lot 3, Capitol Woods Subdivision Filing No. 1, as described in Plat Book 4, Page 288, recorded September 27, 1972 as Reception No. 154281, Pitkin County Clerk and Recorder. Second Claim: Finding of Reasonable Diligence. Heinecken-Ryan Pond (a/k/a Itzler Pond). Date of original decree: January 3, 2003. Case No. 01CW377, Division 5 Water Court. Legal description: NE ¼ of the NW ¼, Section 3, Township 9 South, Range 86 West, of the 6th P.M. at a distance of 200 feet from the North section line and 1,800 feet from the West section line. Source: Capitol Creek, tributary to the Roaring Fork River, via the Heinecken-Ryan Pump and Pipeline. Appropriation date: May 15, 2001. Amount: 0.44 acre-feet, conditional. Pond Surface: Approximately 0.06 acres. Maximum height of dam: 10 feet. Use: Irrigation, aesthetic, fire protection. Legal description and acreage of land to be irrigated: Approximately 2 acres on Lot 3, Capitol Woods Subdivision Filing No. 1, as described in Plat Book 4, Page 288, recorded September 27, 1972 as Reception No. 154281, Pitkin County Clerk and Recorder. Third Claim: Finding of Reasonable Diligence. Heinecken-Ryan Pump and Pipeline, First Enlargement (a/k/a Itzler Pump and Pipeline, First Enlargement). Date of original decree: September 17, 2010. Case No. 09CW7, Division 5 Water Court. Legal description: NE ¼ of the NW ¼, Section 3, Township 9 South, Range 86 West, of the 6th P.M. at a distance of 500 feet from the North section line and 1,700 feet from the West section line. Source: Capitol Creek, tributary to the Roaring Fork River. Appropriation Date: June 15, 2008. Amount: 0.107 c.f.s., conditional. 0.033 c.f.s, (15 g.p.m) absolute. Uses: domestic, fire protection. Pond, First Enlargement. Fourth Claim: Finding of Reasonable Diligence. Heinecken-Ryan Pond, First Enlargement (a/k/a Itzler Pond, First Enlargement). Date of original decree: September 17, 2010. Case No. 09CW7, Division 5 Water Court. Legal description: NE ¼ of SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 23 the NW ¼, Section 3, Township 9 South, Range 86 West, of the 6th P.M. at a distance of 200 feet from the North section line and 1,800 feet from the West section line. Source: Capitol Creek, tributary to the Roaring Fork River, via the Heinecken-Ryan Pump and Pipeline. Appropriation date: January 30, 2009. Amount: 0.44 acre-feet, conditional. Pond Surface: Approximately 0.06 acres. Maximum height of dam: 10 feet. Use: Piscatorial. Fifth Claim: Storage Water Right (New Uses). Heinecken-Ryan Pond, Second Enlargement (a/k/a Itzler Pond, Second Enlargement). Legal description: NE ¼ of the NW ¼, Section 3, Township 9 South, Range 86 West, of the 6th P.M. at a distance of 200 feet from the North section line and 1,800 feet from the West section line. Source: Capitol Creek, tributary to the Roaring Fork River, via the Heinecken-Ryan Pump and Pipeline. Appropriation date: September 30, 2016. Amount: 0.44 acre-feet, conditional, with the right to fill and refill for all uses in priority. Pond Surface: Approximately 0.06 acres. Maximum height of dam: 10 feet. Uses: Domestic and augmentation. If non-irrigation, describe purpose fully: The pond will be used to supply water to the existing caretaker unit, as well as to the proposed main house; and for augmentation water to cover any out of priority uses and depletions associated with Applicant’s property. Remarks: Heinecken-Ryan Pond has already been decreed 0.44 acre-feet for irrigation, aesthetic, and fire protection; and the Heinecken-Ryan Pond, First Enlargement has already been decreed 0.44 acre-feet for piscatorial use. This application seeks to add domestic and augmentation use (and the right to fill and refill for all uses) to the structure. This application does not claim an additional 0.44 acre-feet, rather the cumulative amount stored for all uses will not exceed 0.44 acre-feet, as filled and refilled. A detailed description of the work done to complete the appropriations of these water rights, including expenditures, is on file with the court. Applicant owns the land upon which all structures are located and where the water is or will be beneficially used. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

26. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3093 (09CW147, 01CW53, 94CW42, 89CW238) PITKIN COUNTY. ROARING FORK RIVER. JCH, LLC, c/o Scott C. Miller, Esq. and Christopher R. Stork, Esq., Patrick, Miller & Noto, P.C., 229 Midland Avenue, Basalt, CO 81621, (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure: Mosher Ditch and Pipeline. Type: Ditch. Description of conditional water right: Date of original decree: April 20, 1990, Case No. 89CW238, Water Division 5. Legal description: SW ¼, NE ¼, Section 26, Township 10 S, Range 85 W of the 6th Principal Meridian, at a point 2,118 feet from the North section line and 860 feet from the East section line. Source: Queen’s Gulch, tributary to Castle Creek, tributary to the Roaring Fork River. Appropriation date: November 1, 1989. Amount: 0.25 c.f.s., conditional. Use: Domestic use in a maximum of three household dwellings on the applicant’s property. Domestic is the only remaining conditional use. Irrigation, aesthetic, piscatorial, stock watering, and filling uses were decreed absolute in Case No. 94CW042. A detailed description of the work performed towards the completion of the appropriation, including expenditures, is on file with the court. Applicant does not claim to make any portion of the above described conditional water right absolute in this proceeding. The land upon which the diversion is located is owned by: United States Forest Service, United States Department of Agriculture, White River National Forest, Aspen Range District, 806 West Hallam St., Aspen, CO 81611. Accordingly, Applicant respectfully requests the Court to enter a decree awarding the following: Finding that Applicant exercised reasonable diligence towards the completion of the appropriation for the conditional portions of the Mosher Ditch and Pipeline; and Ordering the conditional water right continued through the next diligence period. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

27. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3094 (06CW268) PITKIN COUNTY – SNOWMASS CREEK. 1999 RS International Trust, c/o Paul L. Noto, Esq. and Christopher R. Stork, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Road, Ste. 2104A, Aspen, CO 81611, (970) 920-1030. SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 24

APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. First Claim: Coles Pond A. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The dam at the outlet is located in the SE ¼ of the SE ¼ of Section 2, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 975 feet from the east section line and 125 feet from the south section line. Source: Snowmass Creek. Appropriation date: December 11, 2006. Amount: 0.23 acre-feet, filled at a rate of 1.3 c.f.s., conditional. Use: Piscatorial, aesthetic, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in priority. Total capacity of reservoir: 0.23 acre-feet. Date applied to beneficial use: August 10, 2010. Amount: 0.23 acre-feet. Use: Piscatorial, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in priority. Second Claim: Coles Pond B. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The dam at the outlet will be located in the NE ¼ of the NE ¼ of Section 11, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 730 feet from the east section line and 440 feet from the north section line. Source: Snowmass Creek. Appropriation date: December 11, 2006. Amount: 0.18 acre-feet, filled at a rate of 1.3 c.f.s., conditional. Use: Piscatorial, aesthetic, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in priority. Total capacity of reservoir: 0.18 acre-feet. Third Claim: Coles Pond C. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The dam at the outlet will be located in the NE ¼ of the NE ¼ of Section 11, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 640 feet from the east section line and 300 feet from the south section line. Source: Snowmass Creek. Appropriation date: December 11, 2006. Amount: 0.20 acre-feet, filled at a rate of 1.3 c.f.s., conditional. Use: Piscatorial, aesthetic, recreation, stock watering, fire protection, and augmentation of depletions, with the right to fill and refill in priority. Total capacity of reservoir: 0.20 acre-feet. Fourth Claim: Coles Pond D. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The dam at the outlet will be located in the NE ¼ of the NE ¼ of Section 11, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 590 feet from the east section line and 10 feet from the north section line. Source: Snowmass Creek. Appropriation date: December 11, 2006. Amount: 2.5 acre-feet, filled at a rate of 1.3 c.f.s., conditional. Use: Piscatorial, aesthetic, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in priority. Total capacity of reservoir: 2.5 acre-feet. Fifth Claim: Coles Pond E. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The dam at the outlet will be located in the SE ¼ of the SE ¼ of Section 2, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 440 feet from the east section line and 90 feet from the south section line. Source: Snowmass Creek. Appropriation date: December 11, 2006. Amount: 1.25 acre-feet, filled at a rate of 1.3 c.f.s, conditional. Use: Piscatorial, aesthetic, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in- priority. Total capacity of reservoir: 1.25 acre-feet. Sixth Claim: Coles Pond F. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The dam at the outlet is located in the SE ¼ of the SE ¼ of Section 2, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 270 feet from the east section line and 290 feet from the south section line. Source: Snowmass Creek. Appropriation date: December 11, 2006. Amount: 3.92 acre-feet, filled at a rate of 1.3 c.f.s., conditional. Use: Piscatorial, aesthetic, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in-priority. Total capacity of reservoir: 3.92 acre-feet. Date applied to beneficial use: October 1, 2009. Amount: 3.92 acre-feet. Use: Piscatorial, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in priority. Seventh Claim: Coles Pond G. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The dam at the outlet will be located in the NE ¼ of the SE ¼ of Section 2, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 930 feet from the east section line and 1360 feet from the south section line. Source: Snowmass Creek. Appropriation date: December 11, 2006. Amount: 7.3 acre-feet, filled at a rate of 1.3 c.f.s., conditional. Use: Piscatorial, aesthetic, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in-priority. Total capacity of reservoir: 7.3 acre-feet. Eighth Claim: Coles Pump and Pipeline No. 1. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The point of diversion will be located in the NE ¼ of the SE ¼ of Section 2, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 760 feet from the east section line and 1500 feet from the south section line. Source: Snowmass Creek. Appropriation date: December 13, 2006. Amount: 1.3 c.f.s., conditional. Use: Fire protection, stock watering, and to fill and refill Coles Ponds A through G for piscatorial, aesthetic, recreation, fire protection, stock watering and augmentation. Ninth Claim: Coles Pump and Pipeline No. 2. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The point of diversion will be located in the NW ¼ of the NW ¼ of Section 12, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 30 feet from the west section line and 140 feet from the north section line. Source: Snowmass Creek. Appropriation date: December 13, 2006. Amount: 1.3 c.f.s, conditional. Use: Fire protection, stock watering, and to fill and refill Coles Ponds A through G for piscatorial, aesthetic, recreation, fire protection, stock watering, and augmentation of depletions under the plan for augmentation. Applicant owns the land where the above water rights are and will be put to beneficial use. Tenth Claim: Walter Ditch, Coles Enlargement. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The point of diversion is located in the NE ¼ of the NE ¼ of Section 14, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 900 feet from the east section line and 50 feet from the north section line. Source: Snowmass Creek. Appropriation date: December 13, 2006. Amount: 1.3 c.f.s, conditional. The max diversion rate from the Coles Pump and Pipeline No. 1, Coles Pump and Pipeline No. 2, and Walter Ditch, Coles Enlargement combined is 1.3 c.f.s. Use: Aesthetic, recreation, piscatorial, fire protection, stock watering and to fill and refill Coles Ponds A through G for piscatorial, aesthetic, recreation, fire protection, stock watering, and augmentation. Date applied to beneficial use: August 10, 2009. Amount: 0.8 c.f.s. out of 1.3 c.f.s. originally decreed. Use: Aesthetic, recreation, piscatorial, fire protection, stock watering and to fill and refill Coles Ponds A through G for piscatorial, SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 25 aesthetic, recreation, fire protection, stock watering, and augmentation. Remaining conditional: 0.5 c.f.s. for aesthetic, recreation, piscatorial, fire protection, stock watering and to fill and refill Coles Ponds A through G for piscatorial, aesthetic, recreation, fire protection, stock watering, and augmentation. Aspen Camp for the Deaf, P.O. Box 1494, Aspen, Colorado, 81612, owns the land upon which the Walter Ditch headgate is located. Eleventh Claim: Coles Exchange. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: Lower termini: For exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork River and the Colorado River 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 2200 feet from the north section line and 2350 feet from the west section line. For exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork and the Fryingpan River 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 647 feet from the south section line and 1475 from the east section line. For exchange of Robinson Ditch water: The point of diversion for the Robinson Ditch on the Roaring Fork River, located in the NW ¼ of the SE ¼ of Section 11, Township 8 South, Range 87 West of the 6th P.M., at a point 2307 feet from the south section line and 2309 feet from the east section line. Upper termini: For the Depletion Amount Reach: The intake of the Coles Pump and Pipeline No. 1 located in the NE ¼ of the SE 1/4 of Section 2, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 760 feet from the east section line and 1500 feet from the south section line; and the intake of the Coles Pump and Pipeline No. 2 located in the NW ¼ of the NW ¼ of Section 12, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 30 feet from the west section line and 140 feet from the north section line, or any combination of the two. For the Diversion Amount Reach: The headgate of the Walter Ditch located in the NE ¼ of the NE ¼ of Section 14, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 900 feet from the east section line and 50 feet from the north section line. Source: Water released from Green Mountain Reservoir, Ruedi Reservoir, the Troy and Edith Ditch, and the Robinson Ditch under Applicant’s Basalt Water Conservancy District Water Allotment Contract No. 517B. Appropriation date: December 29, 2006. Rate: 0.015 c.f.s., conditional, for the Depletion Amount Reach; 1.3 c.f.s., conditional, for the Diversion Amount Reach. Volume: 2.3 acre- feet, conditional. Use: Substitution and exchange under the plan for augmentation. Claim to make absolute: Date applied to beneficial use: June 22, 2012. Amount: 0.79 acre-feet out of the 2.3 acre-feet originally decreed. Rate: 0.15 c.f.s. for the Depletion Amount Reach; 1.3 c.f.s. for the Diversion Amount Reach. Use: Exchange. Remaining Conditional: 1.51 acre-feet for exchange purposes. Place of use: Applicant’s property, except Claim Ten above. The above water rights are all component parts of an integrated water system for Applicant’s property decreed in Case No. 06CW268. All above augmentation uses are under the plan for augmentation decreed in Case No. 06CW269, and the Coles Exchange is a component of the plan for augmentation decreed in Case No. 06CW269. A detailed description of the work done to complete the appropriation, including expenditures, for all above water rights, is on file with the court. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

28. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3095 GARFIELD COUNTY - COLORADO RIVER; United Companies of Mesa County; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR FINDING OF REASONABLE DILIGENCE; Name, mailing address, email address, and telephone number of applicant(s): Oldcastle SW Group, Inc.; d/b/a United Companies of Mesa County, 2273 River Road, Grand Junction, CO 81505, (970) 243-4900; Request for finding of diligence: Name of structure: Mamm Creek Gravel Pit Wells; Permit No.: 69184-F; Describe conditional water right: Case No. and Date of Original Decree: Case No. 01CW08, decreed on August 4, 2003; List of subsequent decrees awarding diligence: 09CW105; Legal description: SW/4 of Section 12, the NW/4 of Section 13, and the N/2 of Section 14, Township 6 South, Range 93 West of the 6th P.M.; Source of water: Alluvial aquifer tributary to the Colorado River; Appropriation Date: August 15, 2000; Amount: 0.9 c.f.s. (304.1 a.f. annually), conditional; Use: Industrial for gravel pond excavation, gravel washing, concrete production, asphalt production, product losses, equipment washing, and dust control; and recreation and wildlife and aquatic habitat in the gravel ponds after mining activities have ceased; Depth of well: 22 feet; Detailed outline of what has been done towards application of the conditional water right to beneficial use: The Mamm Creek Gravel Pit Wells were initially developed by LaFarge West, Inc. and were purchased by Applicant in 2013 as an addition to its neighboring pits in the Rifle area. Applicant currently is mining the North Bank Gravel Pit which is located just east of the Mamm Creek Gravel Pit, but plans to re-initiate mining operations in the Mamm Creek Gravel Pit once mining at the North Bank Gravel Pit is complete. In the interim, Applicant has paid a $791 fee to the Colorado Division of Reclamation Mining and Safety each year and has performed the actions necessary to maintain the mining permit; Request for finding of diligence: Last Chance Ditch RFR Enlargement; Name of structure: Last Chance Ditch RFR Enlargement; Describe SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 26 conditional water right: Case No. and Date of Original Decree: Case No. 01CW08, decreed on August 4, 2003; List of subsequent decrees awarding diligence: 09CW105; Legal description: NE/4 SE/4 of Section 10, Township 6 South, Range 92 West of the 6th P.M., at a point 1,420 feet from the south section line and 1,000 feet from the east section line; Source of water: Colorado River; Appropriation Date: August 15, 2000; Amount: 1.0 c.f.s., conditional; Use: Industrial for gravel washing, concrete production, asphalt production, product losses, equipment washing, and dust control; Detailed outline of what has been done towards application of the conditional water right to beneficial use: The conditional water right for the Last Chance Ditch RFR Enlargement is part of the Mamm Creek Gravel Pit operation. In the interim, Applicant has paid $791 annually and has performed the necessary actions to maintain the mining permit during the diligence period. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

29. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3096 GARFIELD & EAGLE COUNTIES. CATTLE CREEK, CRYSTAL SPRINGS CREEK, ALL TRIBUTARY TO THE ROARING FORK AND COLORADO RIVERS. Callicotte Ranch Owners Association, Inc. c/o Western Slope Water Rights, LLC, Tom Kinney, Esq., 0274 Crystal Park Drive, Redstone, CO 81623, (970) 510-0650. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, AWARD OF ABSOLUTE WATER RIGHTS AND CHANGE OF WATER RIGHTS TO CORRECT ERRANT DIVERSION POINT DESCRIPTIONS. Applicant requests entry of a Decree finding that it has exercised reasonable diligence towards completing the appropriation of conditional surface water storage, ditch and tributary groundwater rights and also changes of errant water right diversion points descriptions described as follows: RMM Pond No. 1, 20 a-f of which, 7.37 af is requested to be awarded absolute and the remaining 12.63 af conditional, all active capacity with right to fill and refill from Cattle Creek via the Park Ditch and C & M Ditch, RMM Enlargement, located within Tract C, Callicotte Ranch Subdivision within Resurvey Lot 17 (f/k/a SE¼SW¼), Sec. 13., T.7S., R.88W.. 6th P.M., Dep. Res., 2143 ft. from west and 124 ft. from south section lines on land owned by BOKF NA for recreational, piscatorial, wildlife, augmentation, stock watering, fire protection, aesthetic and irrigation regulation and control structure, with a November 2, 2000 appropriation date, a non-jurisdictional reservoir having dam height less than 10 feet and a high water line surface area of 1.61 acres; RMM Pond No. 2, 16 af of which, 2.93 af is requested to be awarded absolute and the remaining 13.07 af conditional, all active capacity with right to fill and refill from Cattle Creek via the Park Ditch and C & M Ditch, RMM Enlargement, located within Tract E, Callicotte Ranch Subdivision within SW¼NW¼, Sec. 24., T.7S., R.88W., 6th P.M., Dep. Res., 1800 ft. from north and 1015 ft. from west section lines on land owned by BOKF NA for recreational, piscatorial, wildlife, augmentation, stock watering, fire protection, aesthetic and irrigation regulation and control structure with a November 2, 2000 appropriation date, a non-jurisdictional reservoir having dam height less than 10 feet and a high water line surface area of 1.38 acres; C&M Ditch, RMM Enlargement, 1.0 cfs, conditional, requested to be awarded absolute, diverted from Cattle Creek within SE¼SW¼NE¼, Sec. 9, T.7S., R.87W., 6th P.M., 2200 feet from north and 1491 feet from east lines Sec. 9 adjacent to land owned by Quarter Circle 8, LLLP for filling, refilling and flowing through the RMM Pond Nos. 1 & 2 for beneficial uses therein with a November 2, 2000 appropriation date; RMM Well No. 1A, 0.111 cfs conditional being claimed absolute groundwater tributary to Crystal Springs Creek located within Resurvey Lot 17 (f/k/a SE¼SW¼), Sec. 13, T.7S., R.88W., 6th P.M., Dep. Res. 1209 ft. from south and 1865 ft. from north section lines on land owned by Meadow Point LLC for domestic, livestock, irrigation of 2500 sq. ft. per residential lot and use within community center with appropriation date Nov. 2, 2000; RMM Well No. 1B, 0.111 cfs conditional being claimed absolute groundwater tributary to Crystal Springs Creek located within Resurvey Lot 17 (f/k/a SE¼SW¼), Sec. 13, T.7S., R.88W., 6th P.M., Dep. Res. 1210 feet from south and 1965 feet from the west section lines on land owned by Meadow Point LLC for domestic, livestock, irrigation of 2500 sq. ft. per residential lot and use within community center with appropriation date Nov. 2, 2000; RMM Well No. 2A, 0.111 cfs conditional groundwater tributary to Crystal Springs Creek located, as changed herein, within NE¼NW¼, Sec. 24, T.7S., R.88W., 6th P.M., Dep. Res. 400 ft. from north and 2240 ft. from west section lines on land owned by BOKF NA for domestic, livestock, irrigation of 2500 sq. ft. per residential lot and use within community center with appropriation date Nov. 2, 2000; RMM Well No. 2B, 0.111 cfs conditional groundwater tributary to Crystal Springs Creek located, as changed herein, within NE¼NW¼, Sec. 24, T.7S., R.88W., 6th P.M., Dep. Res. 400 feet from north and 2340 feet from west section lines on land owned by BOKF NA for domestic, livestock, irrigation of 2500 sq. ft. per residential lot and use within community center with appropriation date Nov. 2, 2000; RMM Well 3A, 0.111 cfs conditional groundwater tributary to Crystal Springs Creek located within SW¼NW¼, Sec. 24, T.7S., R.88W., 6th P.M., Dep. Res. 2264 ft. from north and 760 ft. from west section lines on land owned by BOKF NA for domestic, livestock, irrigation of 2500 sq. ft. per residential lot and use within community center with appropriation date Nov. 2, 2000; RMM Well 3B, 0.111 cfs conditional groundwater tributary to Crystal Springs Creek located within SW¼NW¼, SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 27

Sec. 24, T.7S., R.88W., 6th P.M., Dep. Res. 2264 ft. from north and 860 ft. from west section lines on land owned by BOKF NA for domestic, livestock, irrigation of 2500 sq. ft. per residential lot and use within community center with appropriation date Nov. 2, 2000. Applicant request entry of a decree awarding absolute water rights, changing diversion point location descriptions for RMM Well Nos. 2A and 2B and continuing remaining conditional water rights. (19 pages with attached Exhibits A & B). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

30. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3097 EAGLE COUNTY. Colorado River and its tributaries. Application for Finding of Reasonable Diligence and for Confirmation that Water Rights Have Been Made Absolute in Part. Applicants: Doris J. Allen-Kirchner Revocable Trust and the John P. Kirchner Revocable Trust. Kirchner Main Pond. Orig. decree: Case No. 09CW95, Dist. Court, Water Division No. 5; 9/17/2010. Subsequent decree: Case No. 12CW189, Dist. Court, Water Division No. 5, 2/9/2014. Location: in the NW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M. 1685 ft. from the S. Sec. line and 1942 ft. from the E. Sec. line of said Sec. 1. Sources: Unnamed trib. of the Colorado River; the Colorado River. If off-channel reservoir, name and capacity of structures used to fill reservoir: The Kirchner Ditch, 0.15 cfs; The Kirchner Pump and Pipeline, 0.15 cfs, Case No. 12CW189. Legal description of pts of diversion for structures used to fill reservoir: The Kirchner Ditch and the Kirchner Pump and Pipeline as described below. Date of Approp.:8/25/2009. Decreed Amt.: 1.35 AF, cond. Rate of diversion for filling the reservoir: 0.15 cfs. Uses: Dom., irr., aesthetic, rec., livestock watering, pisc. and fire protection. Acres proposed to be irrigated: 2 acres in the NW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M. Physical properties of dam: Surface area: 0.25 acres. Height: 4.6 ft. Length.: 200 ft. Capacity: 1.35 AF. Kirchner House Pond. Orig. decree: Case No. 09CW95: Dist. Court, Water Division No. 5; 9/17/2010. Subsequent decree: Case No. 12CW189, Dist. Court, Water Division No. 5, 2/9/2014. Location: in the NW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M. at a pt. 2,175 ft. from the S. Sec. line and 1,695 ft. from the E. Sec. line of said Sec. 1. Sources: Unnamed trib. of the Colorado River; the Colorado River. If off-channel reservoir, name and capacity of structures used to fill reservoir: The Kirchner Ditch, 0.15 cfs; The Kirchner Pump and Pipeline, 0.15 cfs. Legal description of pts of diversion for structures used to fill reservoir: The Kirchner Ditch and The Kirchner Pump and Pipeline as described below. Date of Approp.: 8/25/2009. Decreed Amt.: 1.2 AF, cond. Rate of diversion for filling the reservoir: 0.15 cfs. Uses: Dom., irr., aesthetic, rec., livestock watering, pisc. and fire protection. Number of acres proposed to be irrigated: 2 acres total, cumulative with all other irr. water rights confirmed in Cases No. 09CW95 and 12CW189. Legal description of acreage to be irrigated: 2 acres in the NW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M. Physical properties of dam: Surface area: 0.2 acres. Height: 4.0 ft. Length: 370 ft. Capacity: 1.20 AF. Kirchner Ditch. Orig. decree: Case No. 09CW95: Dist. Court, Water Division No. 5; 9/17/2010. Location: The pt. of diversion is in the NW 1/4 SE 1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M., at a pt. 1,745 ft. from the S. Sec. line and 2,049 ft. from the E. Sec. line of said Sec. 1. Source: Unnamed trib. of the Colorado River. Date of Approp.: 8/25/2009. Decreed Amt.: 0.15 cfs, cond. Uses: Irr. and livestock watering through direct application or through storage in Kirchner Main Pond and Kirchner House Pond; and aesthetic, rec., dom., pisc., and fire protection through storage in Kirchner Main Pond and Kirchner House Pond. Acres proposed to be irrigated: 2 acres in the NW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M. Kirchner Well. Orig. decree: Case No. 09CW95: Dist. Court, Water Division No. 5; 9/17/2010. Legal description of pt. of diversion: in the NW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M., at a pt. 1,812 ft. from the S. Sec. line and 1,994 ft. from the E. Sec. line of said Sec. 1. Source: groundwater trib. to Colorado River. Depth: 435 ft. Date of Approp.: 8/25/2009. Decreed Amt.: 0.033 cfs (15 gpm), cond. Uses: Dom. use in two single- family homes, irr., livestock watering, and fire protection. Acres proposed to be irrigated: 2 acres total, in the NW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W. 6th P.M. Kirchner Pump and Pipeline. Legal description of pt. of diversion: in the SW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M. at a pt. 1,222 ft. from the S. Sec. line and 2,076 ft. from the E. Sec. line. Source: Colorado River. Date of Approp.: 7/1/2012. Decreed Amt.: 0.15 cfs, cond. Uses: Irr. and livestock watering through direct application or through storage in Kirchner Main Pond and Kirchner House Pond; and aesthetic, rec., dom., pisc., and fire protection through storage in Kirchner Main Pond and Kirchner House Pond. The Kirchner Pump and Pipeline is a supplemental supply to fill these ponds for their decreed uses. Acres proposed to be irrigated: 2 acres in the NW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M. Kirchner Exchange. Orig. decree: Case No. 09CW95, Dist. Court, Water Division No. 5, 9/17/2010. Subsequent decree: Case No. 12CW189, Dist. Court, Water Division No. 5, 2/9/2014. Exchange Termini: Wolford Mountain Reservoir Releases: Upstream Terminus: The pt. of diversion for the Kirchner Ditch, which is located in the NW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M., at a pt. 1,745 ft. from the S. Sec. line and 2,049 ft. from the E. Sec. line of said Sec. 1. Downstream Terminus: At the confluence of the unnamed trib. to the Colorado and the Colorado River, which is located in the SW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M., at a pt. 1,290 ft. from the S. Sec. line and 1,998 ft. from the E. Sec. line. Ruedi Reservoir Releases: Upstream Terminus: The pt. of diversion for the Kirchner Ditch, which is located in the NW1/4 SE1/4, SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 28

Sec. 1, T. 2 S., R. 84 W., 6th P.M., at a pt. 1,745 ft. from the S. Sec. line and 2,049 ft. from the E. Sec. line of said Sec. 1. Upstream Terminus: The pt. of diversion of the Kirchner Pump and Pipeline, which is located in the SW1/4 SE1/4, Sec. 1, T. 2 S., R. 84 W., 6th P.M. at a pt. 1,222 ft. from the S. Sec. line and 2,076 ft. from the E. Sec. line. Downstream Terminus: At the confluence of the Colorado River and the Roaring Fork River, which is located in the SE1/4 NW1/4, Sec. 9, T. 6 S., R. 89 W. 6th P.M., at a pt. 2,102 ft. from the N. Sec. line and 2,312 ft. from the W. Sec. line of said Sec. 9. Date of Approp.: 8/25/2009. Decreed Amt.: 0.15 cfs, cond. A complete list of diligence activities is on file with this Court. Water Right Made Absolute: Kirchner Ditch. Date of Beneficial Use: 6/15/2013. Amt.: 0.15 cfs. Uses: Irr. and livestock watering through direct application and through storage in Kirchner Main Pond and Kirchner House Pond; and aesthetic, rec., dom., pisc., and fire protection through storage in Kirchner Main Pond and Kirchner House Pond. Kirchner Pump and Pipeline. Date of Beneficial Use: 7/29/2015. Amt.: 0.15 cfs. Uses: Irr. and livestock watering through direct application and through storage in Kirchner Main Pond and Kirchner House Pond; and aesthetic, rec., dom., pisc., and fire protection through storage in Kirchner Main Pond and Kirchner House Pond. Kirchner Main Pond. Date of Beneficial Use:6/30/2013. Amt.: 0.657 AF. Uses: Irr., livestock watering, aesthetic, rec., dom., pisc., and fire protection. Kirchner House Pond. Date of Beneficial Use: 6/30/2013. Amt.: 0.137 AF. Uses: Irr., livestock watering, aesthetic, rec., dom., pisc., and fire protection. In-priority diversions: Records maintained by the Colorado Division of Water Resources reflect that no administrative calls were in effect that would curtail in-priority diversions by the Kirchner Ditch, Kirchner Main Pond and Kirchner House Pond during the month of June 2013, and the Kirchner Pump and Pipeline on 7/29/2015. Applicants placed these water rights to beneficial use in priority on other dates as well. Names and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicants; United States Bureau of Land Management, Colorado River Valley Field Office, 2300 River Frontage Rd., Silt, Colorado 81652 as to the Kirchner Pump and Pipeline. (15 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

31. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3098 MESA COUNTY, CANYON CREEK, COLORADO RIVER, Independence Valley Subdivision Filing No. 3 Homeowners Association (“Association”) Attn: Dennis White, 711 Independence Valley Drive, Grand Junction, CO 81507, [email protected], (970) 250-5203, c/o Kirsten M. Kurath, Williams, Turner, & Holmes, PC, PO Box 338, Grand Junction, CO 81502, 970-242-6262, [email protected], Application for Finding of Reasonable Diligence and to Make Conditional Water Right Partially Absolute. Structures: IVS No. 1 System Point A and IVS No. 1 System Point B. Original Decree: December 30, 1996, Case No. 96 CW 227, District Court, Water Div. 5, Subsequent Decrees: Case No. 02CW363 (September 9, 2003) and Case No. 09CW120 (September 18, 2010). Location: 1) IVS No. 1 System Point A: The decreed legal description for this point of diversion is located at a point S. 3947'22" W., 420.32 feet from the NW Corner of SE1/4 SW1/4, Section 35, T. 1 N., R. 2 W., Ute P.M. This decreed point is also described as being located in the SW1/4 SW1/4 of said Sec. 35 approximately 962 feet from the south section line and 1043 feet from the west section line of said Sec. 35; 2) IVS No. 1 System Point B: The decreed legal description for this point of diversion is located at a point S. 8450'07" E., 632.39 feet from the NW Corner of SE1/4 SW1/4, Section 35, T. 1 N., R. 2 W., Ute P.M. This decree point is also described as being located in the SE1/4 SW1/4 of said Sec. 35 approximately 1197 feet from the south section line and 1953 feet from the west section line of said Sec. 35. The actual physical location of IVS No. 1 System Point B as developed is located at a point described as being located in the SE1/4 SW1/4 of said Sec. 35 approximately 982 feet from the south section line and 1555 feet from the west section line of said Sec. 35. Pursuant to C.R.S. § 37-92-305 (3.6) (b), IVS No. 1 System Point B is not an erroneously described point of diversion because the physical location of IVS No. 1 System Point B is within five hundred feet of the decreed location and there is no natural surface stream tributary to Canyon Creek nor another surface water right located between the decreed location and the physical location of IVS No. 1 System Point B. A map showing the locations of the decreed points of diversion for IVS No. 1 System Point A and IVS No. 1 System Point B and the actual physical location for IVS No. 1 System Point B is attached to the Application as Figure 1; Source: Canyon Creek, tributary to the Colorado River; App. Date: August 2, 1996; Amount: 1.50 c.f.s., conditional; Use: Irrigation and livestock water; Remarks: The Association has determined that it no longer intends to develop the IVS No. 1 System Point A and requests that this alternate point of diversion be cancelled. Claim for a Finding of Reasonable Diligence: The Application contains a detailed outline of what has been done toward completion of the appropriation of the conditional water right described above (“Association Water Right”) and application of water to a beneficial use during this diligence period, including expenditures. Claim to Make Absolute: The Association diverts water from Canyon Creek at IVS No. 1 System Point B into its regulating pond. This water consists of natural Canyon Creek flow and/or water derived from the SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 29

Association’s Redlands Water and Power Company Shares. Excess water not needed for use in the Subdivision spills from the pond back into Canyon Creek. The Association then pumps water from the regulating pond into the Subdivision’s water system. During June and July of 2012, there was an on-going drought and the Redlands system suffered shortages. There was insufficient water for Redlands to generate power to operate its irrigation pumps at maximum efficiency and water was delivered to the Redlands main irrigation delivery canals on an alternating basis every 24 hours. During times when no Redlands Shares water was being delivered, the Association used the Association Water Right to continue to irrigate on the common areas and lots in the Subdivision. The Association does not have accurate records correlating the specific dates when the Subdivision was irrigated solely with the Association Water Right and the amount put to beneficial use during this time period, but during this approximately 45 day period, the Association’s water system operated without fail while most other water users on the Redlands system had to make accommodations and not irrigate on their off days. On the morning of September 2, 2016, there was an equipment malfunction at the Redlands power plant and all irrigation pumps were offline. See Redlands Water and Power Shareholder information from http://www.redlandswaterandpower.com/?page_id=4112 dated 9/2/2016 through 9/7/2016, attached to the Application as Exhibit A. The Redlands irrigation pumps were not started again until September 6, 2016. See Exhibit A. Late on September 2, 2016, it was confirmed that the Redlands delivery canal from which the water derived from the Redlands Shares is delivered to the Subdivision was completely dry and Canyon Creek was running. From September 2, 2016, until sometime September 7, 2016, no water derived from the Redlands Shares was delivered to the Subdivision and the Association diverted water from Canyon Creek under the Association Water Right. During this time, the Association Water Right was pumped through the Association’s water system and used to irrigate the lots and common areas of the Subdivision. The maximum rate the Association Water Right was used at during this time was 250 g.p.m. (0.56 c.f.s.) on September 4, 2016. Attached to the Application as Exhibit B is a call summary for the Colorado River mainstem and tributaries for September 2016. This call summary shows that there were no calls on the Colorado River at or below the confluence of Canyon Creek (in Mesa County) with the Colorado River and no calls on Canyon Creek during September 2016. Thus, the diversions under the Association Water Right were made by the Association in priority and the Association Water Right should be decreed absolute in the amount of 250 g.p.m. (0.56 c.f.s.) for irrigation purposes. Name and Address of Landowners: The decreed point of diversion for the IVS No. 1 System Point B is located on land owned by Jason Holmes, 720 Washington Ct., Grand Junction, CO 81507.The actual point of diversion for the IVS No. 1 System Point B is located on land owned by West Family LLC, 1705 Crestview Dr., Grand Junction, CO 81505. The Association requests that a decree be entered determining that the Association Water Right has been made partially absolute in the amount and for the use described above, that to the extent the Association Water Right has not been made absolute that the Association has exercised reasonable diligence in development of the Association Water Right during the preceding diligence period, that such remaining conditional portion of the water right be continued in full force and effect and that the alternate point of diversion IVS No. 1 System Point A be cancelled. (15 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

32. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3099 IN SUMMIT COUNTY, COLORADO. APPLICATION FOR WATER STORAGE RIGHT, SURFACE DIVERSION, APPROPRIATIVE RIGHTS OF EXCHANGE, AND PLAN FOR AUGMENTATION. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ROBERT L. COHEN. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, Colorado 81601. 1. Name, Address, and Telephone Number of Applicant: Robert L. Cohen (“Applicant”), 5440 S. Cottonwood Ct., Littleton, CO 80121. Direct all pleadings to: Glenn E. Porzak, William D. Wombacher, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302 2. Overview: Applicant seeks approval of a new appropriation for a water storage right, a surface diversion to fill and provide freshening flows to the water storage right, and a plan for augmentation and appropriative rights of exchange to augment out of priority diversions into storage. I. Claim for Water Storage Right 3. Name of Structure: Lucky U Lake. 4. Description of Water Storage Right. a. Legal Description: The outlet of the lake is located in the SW1/4 NE1/4 of Section 29, Township 3 South, Range 78 West of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 401786 and Northing 4402220. The location of this structure in shown on the map attached as Exhibit A. b. Source: The Blue River, tributary to the Colorado River. c. Fill Source: The lake will be filled by a surface diversion from the Blue River described below and conveyed to the lake by the Lucky U Filling Ditch. d. Appropriation Date: May 2, 2016, based on initiation of construction of the lake. e. Uses: Piscatorial, fish propagation, recreation, aesthetics, and fire protection purposes. f. Amount: 5.50 acre feet, conditional, with a right to refill and the right to freshening flows at a rate of 1 cfs, together with the right to obtain an absolute water right pursuant to paragraph 4(j) below. g. Height of Dam: Less than 10 feet. h. Surface Area of high water line: 0.90 SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 30 acre feet. i. Total Capacity: 5.50 acre feet. j. Remark: Applicant intends to fill the Lucky U Lake as soon as possible and likely before a final decree is entered in this case. To the extent that this occurs, the Applicant plans to request absolute water rights. The Applicant provides notice of this intent in order to avoid the need to republish this application. II. Claim for Surface Diversion 5. Name of Structure: Lucky U Filling Ditch. a. Legal Description: The point of diversion is located in the NE1/4 SW1/4 of Section 28, Township 3 South, Range 78 West of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 403105 and Northing 4401528. The location of this structure in shown on the map attached as Exhibit A. This location is also known as the headgate for the Plunger Ditch. b. Source: The Blue River, tributary to the Colorado River. c. Date of Appropriation: May 2, 2016, based on the initiation of the construction of the Lucky U Lake which is to be filled by the Lucky U Filling Ditch. d. Amount: 3 cfs, conditional, together with the right to obtain an absolute water right pursuant to paragraph 5(f) below. e. Uses: the filling and refilling of the Lucky U Lake for the uses described above and to provide freshening flows up to 1 cfs. f. Remark: As noted above, Applicant will seek absolute water rights for the Lucky U Filling Ditch if this water right has been diverted and placed to the beneficial uses prior to the entry of a final decree. III. Claim for Approval of Plan for Augmentation 6. Water Rights to be Augmented: Lucky U Lake and the Lucky U Filling Ditch as described above. 7. Water Rights to be used for Augmentation. a. Wolford Mountain Reservoir. 3 acre feet from Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) by Contract No. CW16002 dated July 26, 2016, with the Colorado River Water Conservation District (the “River District”). Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) has the following water rights: i. Case No. 87CW283: 1. Decree Date: November 20, 1989. 2. Name of Structure: Gunsight Pass Reservoir. 3. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears S. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25.4. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. 5. Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount was made absolute for all purposes by decree entered in Water Court Case No. 02CW107. 6. Appropriation Date: December 14, 1987. 7. Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987 between the River District and the City and County of Denver. ii.Case No. 95CW281: 1. Decree Date: August 26, 1997. 2. Name of Structure: Wolford Mountain Reservoir Enlargement. 3. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. 4. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. 5. Amount: 6,000 acre feet, conditional. 6. Appropriation Date: January 16, 1995. 7. Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. iii. Case No. 98CW237: 1. Decree Date: July 6, 2000. 2. Name of Structure: Wolford Mountain Reservoir. 3. Legal Description of place of storage: Same as for 95CW281. 4. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. 5. Amount: 30,000 acre feet conditional, with 15,895 acre feet being absolute for recreational and piscatorial and flood control. 6. Appropriation Date: November 17, 1998. 7. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree) described below: 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners under the River District’s contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases. 8. PLSS: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point 1,940 feet South of North section line SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 31 and 2,760 feet East of the West section line of said Section 25. b. Ruedi Reservoir. 3 acre feet from Ruedi Reservoir by Contract No. CW16002 dated July 26, 2016, with the River District. The River District holds Contracts No. 009D6C0111 (500 AF), 009D6C0118 (700 AF), 039F6C0011 (530 AF), 079D6C0106 (5,000 AF), and 139D6C0025 (2,000 AF) from the United States Bureau of Reclamation for 8,730 acre feet of annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used as a substitute for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi Reservoir water is physically equivalent to water from Wolford Mountain Reservoir. i. Legal description of place of storage: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82°10'W. a distance of 1,285 feet. ii. Source: Fryingpan River. iii. Previous storage decrees: a. Civil Action No. 4613: a. Decree Date: June 20, 1958. b. Court: Garfield County District Court. c. Amount: 140,697.3 acre feet, reduced to 102,369 acre feet pursuant to order of the Water Court in Case No. W-789-76. The full amount was made absolute in Case No. 88CW85. d. Appropriation Date: July 29, 1957. e. Use: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. 2. Case No. 81CW34: a. Decree Date: April 8, 1985. b. Court: District Court, Water Div. No. 5. c. Amount: 101,280 acre feet (refill); of this amount, 44,509 acre feet were made absolute in Case No. 95CW95 and 25,257 acre feet were made absolute in Case No. 01CW269, for a total of 69,766 acre feet absolute. d. Appropriation Date: January 22, 1981. e. Use: Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. iv. PLSS: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point 130 feet South of the North section line and 1,280 feet East of the West section line of Section 7, T. 8 S., R. 84 W. of the 6th P.M. 8. Plan for Augmentation. a. Applicant intends to augment out of priority diversions by the Lucky U Filling Ditch into storage in the Lucky U Lake by releases of water from Wolford Mountain Reservoir or Ruedi Reservoir. Ruedi Reservoir will only be used when the call is on the Colorado River or its tributaries at or below the confluence of the Colorado River and the Roaring Fork River. Applicant holds Contract No. CW16002 with the River District that provides the Applicant with 3.0 a.f. in releases from Wolford Mountain Reservoir and/or Ruedi Reservoir as described above. b. Depletions Assumptions: Diversions of the Lucky U Filling Ditch into storage in the Lucky U Lake will be for purposes of filling the Lucky U Lake and replacing evaporative losses associated with the beneficial uses described above. It is assumed that all out of priority storage, including storage to fill evaporative losses from Lucky U Lake and its inlet and outlet structures, are 100% consumptive. c. Replacement during Blue River Call. In the event of a call on the Blue River that cannot be satisfied under this augmentation plan, Applicant will cease diversions into the Lucky U Lake and allow the water level to drop commensurate with evaporation. IV. Claim for Appropriative Rights of Exchange 9. Name of Appropriative Rights of Exchange. Blue River Exchange and Colorado River Exchange. 10. Description of Appropriative Rights of Exchange. Applicant is seeking to augment by exchange with releases from Wolford Mountain Reservoir and Ruedi Reservoir to the point of diversion for the Lucky U Filling Ditch as further described below. a. Blue River Exchange. i. Exchange From Point: The confluence of the Colorado River and the Blue River, more particularly described as a point in the NW1/4 NE1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 380773 and Northing 4433399. ii. Exchange To Point: The Lucky U Filling Ditch on the Blue River, more particularly described as a point located in the NE1/4 SW1/4 of Section 28, Township 3 South, Range 78 West of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 403105 and Northing 4401528. iii. Rate: Up to 1 cfs for the uses sought for the Lucky U Lake and Lucky U Filling Ditch. b. Colorado River Exchange i. Exchange From Point: A point at the confluence of the Colorado River and the Roaring Fork River, more particularly described as a point in the SE1/4 of the NW1/4 of Section 9 Township 6 South, Range 89 W of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 299765 and Northing 4380329. ii. Exchange To Point: The confluence of the Colorado River and the Blue River, more particularly described as a point in the NW1/4 NE1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 380773 and Northing 4433399; then to the Lucky U Filling Ditch on the Blue River, more particularly described as a point located in the NE1/4 SW1/4 of Section 28, Township 3 South, Range 78 West of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 403105 and Northing 4401528. iii. Rate: Up to 1 cfs for the uses sought for the Lucky U Lake and Lucky U Filling Ditch. c. Remark: Exhibit B attached hereto illustrates the above described exchange reaches. 11. Measurement Devices. Applicant will install and maintain such 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. 12. Name and address of the owner of the land on which the Subject Water Rights are located. The Lucky U Lake is located on land owned by the Applicant and all water will be used on land owned by the Applicant. The headgate for the Lucky U Filling Ditch (aka the Plunger Ditch Headgate) is located on land owned by Neil Kimmel whose address is 2321 S. Krameria St., Denver, CO 80222. WHEREFORE Applicant requests the Court grant its request for a new water storage right, surface diversion, rights of exchange, and approval of plan for augmentation as detailed herein and grant such other relief as maybe appropriate. (11 Pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 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, SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 32

CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

33. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3100 EAGLE COUNTY. Eagle River by diversions through the O’Neill and Holland Ditch, Second Enl., Eagle River Alluvium. Application for Finding of Reasonable Diligence and to Confirm Cond. Water Rights Absolute. Applicant: Eagle Springs Golf Club, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; (970) 945-6546. Koprivnikar Pond No. 1. Original Decree: 4/2/1996, Case No. 93CW189, Dist. Ct., Water Division No. 5. Legal Description: SE1/4 SE1/4, Sec. 23, T. 4 S., R. 83 W., 6th P.M. at a pt. 800 ft. from the S. line and 650 ft. from the E. line. Approp. Date: 12/18/1992. Amt.: 0.5 AF. Absolute Uses: Aesthetic, rec. and fire protection (0.5 AF). Cond. Uses: Aug. (of dom., comm., irr., and pond evap. depletions) (0.5. AF). Koprivnikar Pond No. 3. Legal Description: SW1/4 NE1/4, Sec. 23, T. 4 S., R. 83 W., 6th P.M. at a pt. 2,250 ft. from the N. line and 2,500 ft. from the E. line. Approp. Date:12/18/1992. Amt.: 1.5 AF. Absolute Uses: Aesthetic, rec., and fire protection (1.5 AF). Cond. Uses: Aug. (of dom., comm., irr., and pond evap. depletions) (1.5 AF). Koprivnikar Pond No. 4. Legal Description: SE1/4 NW1/4, Sec. 23, T. 4 S., R. 83 W., 6th P.M. at a pt. 2,150 ft. from the N. line and 2,450 ft. from the W. line. Approp. Date: 12/18/1992. Amt.: 1.0 AF. Absolute Uses: Aesthetic, rec., and fire protection (1.0 AF). Cond. Uses: Aug. (of dom., comm., irr., and pond evap. depletions) (1.0 AF). Golf Well No. 1. Original Decree: 4/2/1996, Case No. 93CW189, Dist. Ct., Water Division No. 5. Legal Description: SW1/4 SE1/4, Sec. 23, T. 4 S., R. 83 W., 6th P.M. at a pt. 1,080 ft. from the S. line and 2,480 ft. from the E. line of said Sec. 23. Approp. Date: 12/17/1993. Amt.: 100 gpm, of which 60 gpm is absolute and 40 gpm remains Cond. Uses: Dom., comm., irr. (of up to 3,000 sq. ft.), fire protection uses for two single-family residences, a clubhouse, and a maintenance facility associated with a golf course. Depth: Less than 10 ft. Diligence Activities: A complete list of diligence activities is on file with this Ct. Name and address of owners of land on 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’s Eagle Springs Golf Course property; a map of this property, including the structures, is attached as Exhibit A. Claim to Confirm Absolute: The Applicant requests that the Koprivnikar Ponds No. 1, 3, and 4 be confirmed as absolute for all decreed purposes, including aug. (of dom., comm. irr. and pond evap. depletions) in the Amt. of 0.5, 1.5, and 1.0 AF respectively. Date of Beneficial Use: 7/15/2015. Applicant filled the Koprivnikar Ponds No. 1, 3 and 4 in priority at this date using the O’Neill and Holland Ditch, Second Enl., decreed in Case No. 93CW189, Dist. Ct., Water Division No. 5. (8 pgs., 1 Exh.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

34. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3101 PITKIN COUNTY, ROARING FORK & COLORADO RIVERS. Application for Water Storage Rights. Darryl Grosjean, c/o Ryan Jarvis & Jeff Houpt of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Structure: Wilderness Pond I. Location: The center of the dam at the outlet is at a point in the SE1/4 NW1/4 of Sec 25, T 8 S, R 87 W, 6th PM, at a point 2,130 ft S of N sec line and 1,755 ft E of W sec line of said Sec 25. UTM Easting = 322336.86, UTM Northing = 4355379.77. Source: East Sopris Creek, trib to Roaring Fork & Colo Rivers. Ditch used to fill reservoir: Miller Ditch. Point of diversion: The headgate is located on the left bank of East Sopris Creek in Pitkin County, Colo, at a point about two and one-half miles above the mouth of Sopris Creek, and about one-quarter of a mile southeast from the Carturier house. Appropriation date: 11/01/75. Date water applied to beneficial use: 06/01/76. Amount: 0.30 af, absolute. Rate of diversion: 0.20 cfs. Uses: Irrigation, aesthetic, recreation, fire protection, wildlife watering, piscatorial, and stockwatering. Historically irrigated area: 4.0 acres located in Sec 25, T 8 S, R 87 W, 6th PM. Surface area: 0.06 acre. Vertical height: 6 feet. Length: 180 ft. Total capacity: 0.30 af. Active capacity: 0.28 af. Dead storage: 0.02 af. Structure: Wilderness Pond II. Location: The center of the dam at the outlet is at a point in the SE1/4 NW1/4 of Sec 25, T 8 S, R 87 W, 6th PM, at a point 2,115 ft S of N sec line and 1,730 ft E of W sec line of said Sec 25. UTM Easting = 322327.33, UTM Northing = 4355352.79. Source: East Sopris Creek, trib to Roaring Fork & Colo Rivers. Ditch used to fill reservoir: Miller Ditch. Point of diversion: The headgate is located on the left bank of East Sopris Creek in Pitkin County, Colo, at a point about two and one- half miles above the mouth of Sopris Creek, and about one-quarter of a mile southeast from the Carturier house. Appropriation date: SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 33

09/30/16. Amount: 0.50 af, conditional. Rate of diversion: 0.20 cfs. Uses: Irrigation, aesthetic, recreation, fire protection, wildlife watering, piscatorial, and stockwatering. Proposed irrigated area: 4.0 acres located in Sec 25, T 8 S, R 87 W, 6th PM. Surface area: 0.075 acre. Vertical height: 9.9 ft. Length: 220 ft. Total capacity: 0.50 af. Active capacity: 0.45 af. Dead storage: 0.05 af. Owner of land: Applicant. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

35. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3102 MESA COUNTY, TRIBUTARY TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make Absolute in Whole or Part. Applicant: Ben E. Carnes, 831 Elberta, Fruita, Colorado 81521. Attorney for Applicant: John T. Howe, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 986-3400. Name of structure: Burkett-Rench Ditch No. 2. Source: Unnamed tributary to Big Salt Wash, tributary to the Colorado River. Location: SW¼SE¼ of Section 6, Township 1 North, Range 2 West of the Ute Meridian. The point of diversion is located 800 feet north of the SE corner of said SW¼SE¼. Type of use: irrigation, stock watering, wildlife, recreational, aesthetic and piscatorial purposes, either directly and/or to fill and refill one or more ponds to be constructed for subsequent use for such purposes. Appropriation Date: July 12, 2000. Quantity: 2.00 c.f.s. Name and address of owner of land upon which structure is located, upon which water is or will be beneficially used: Robert and Alice Hyde, 24257 Mesa View Lane, Cedaredge, Colorado 81413, and BC Family Partnership, LLLP c/o Applicant. Additional Information: Applicant seeks to make the Burkett-Rench Ditch No. 2 absolute for supplemental irrigation purposes in the amount of 2.00 c.f.s. and stock watering in the amount of 2.00 c.f.s., and seeks a finding of diligence with respect to the remaining uses and amounts. The application contains a detailed description of the work performed during the diligence period. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

36. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2016. 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. 16CW3103 GRAND COUNTY – Application to Make a Portion of Conditional Water Rights Absolute, and for Finding of Reasonable Diligence filed by The Town of Fraser, Colorado (the “Applicant”) Attn: Town Manager, P.O. Box 370, Fraser, CO 80442, (970) 726-5491; with a copy to: Christopher L. Thorne, Kylie J. Crandall, 303-295-8000, 720-545-2088, [email protected]; [email protected]. Names of Structures. Fraser Wells Nos. 1, 2, 3(a), 3(b), 4 and 5 (together, the “Fraser Wells”). Information from Previous Decrees for the Fraser Wells. Original Decree: The Fraser Wells were originally decreed on July 5, 1985 in Case No. 82CW219 (Water Division No. 5). Subsequent Decrees: Portions of the conditional water rights associated with the Fraser Wells were made absolute by the decree, dated November 15, 1995, entered in Case No. 95CW119 (Water Division No. 5). The remaining conditional portions of the water rights associated with the Fraser Wells were continued by the decree, dated March 3, 2003, entered in Case No. 01CW282 (Water Division No. 5), and by the decree, dated September 17, 2010, entered in Case No. 09CW27 (Water Division No. 5). Legal Description. The legal descriptions for the locations of the points of diversion are set forth below, and are depicted on Figure A, attached to and incorporated in this Application. Fraser Well No. 1: Located in the SE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M., at a point 1,550 feet South of the North line and 450 feet West of the East line of said Section 19. Fraser Well No. 2: Located in the NE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M., at a point 950 feet South of the North line and 325 feet West of the East line of said Section 19. Fraser Well No. 3(a): Located in the SE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M., at a point 2,380 feet South of the North Section line and 300 feet West of the East line of said Section 19. Fraser Well No. 3(b): Located in the SE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M., at a point 2,020 feet South of the North line and 635 SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 34 feet West of the East line of said Section 19. Fraser Well No. 4: Located in the NE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M., at a point 475 feet South of the North line and 375 feet West of the East line of said Section 19. Fraser Well No. 5: Located in the NE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M., at a point 50 feet South of the North line and 475 feet West of the East line of said Section 19. Source. Alluvium of the Fraser River. Appropriation Date. July 22, 1982.Amount. The decreed amounts are as follows: Fraser Well No. 1, 0.33 cfs (150 gpm) total, 0.22 cfs (100 gpm) absolute, 0.11 cfs (50 gpm) conditional, Fraser Well No. 2, 0.44 cfs (200 gpm) total, 0.22 cfs (100 gpm) absolute, 0.22 cfs (100 gpm) conditional, Fraser Well No. 3(a), 0.22 cfs (100 gpm) total, 0.09 cfs (40 gpm) absolute, 0.13 cfs (60 gpm) conditional, Fraser Well No. 3(b), 0.33 cfs (150 gpm) total, 0.15 cfs (70 gpm) absolute, 0.18 cfs (80 gpm) conditional, Fraser Well No. 4, 0.44 cfs (200 gpm) total, conditional, Fraser Well No. 5, 0.44 cfs (200 gpm) total, conditional. Decreed Use. irrigation, domestic, industrial, and all other municipal uses. Claims to Make Absolute. Fraser Well No. 1. As set forth on Table A, during July 2015, water was pumped from Fraser Well No. 1 at a rate of up to 0.062 cfs (28 gpm) and used for irrigation, domestic, industrial and all other municipal uses as part of the Fraser Water System (as defined below). There was no call on the Fraser or Colorado Rivers during this time, as shown by the call records attached as Table B. Fraser Well No. 2. As set forth on Table A, during May 2015, water was pumped from Fraser Well No. 2 at a rate of up to 0.087 cfs (39 gpm) and used for irrigation, domestic, industrial and all other municipal uses as part of the Fraser Water System. There was no call on the Fraser or Colorado Rivers during this time, as shown by the call records attached as Table B. Fraser Well No. 5. As set forth on Table A, during July 2015, water was pumped from Fraser Well No. 5 at a rate of up to 0.301 cfs (135 gpm) and used for irrigation, domestic, industrial and all other municipal uses as part of the Fraser Water System. There was no call on the Fraser or Colorado Rivers during this time, as shown by the call records attached as Table B. Evidence of Reasonable Diligence. The Fraser Wells are components of an integrated water supply system serving the Town of Fraser, Colorado (the “Fraser Water System”). See Decree, dated April 3, 2011, granted in Case No. 09CW104 (Water Division No. 5). The Fraser Wells, together with Fraser Well Nos. 7, 8, and 9, serve as the primary well field supplying water to the Fraser Water System. Given the interrelated and interdependent nature of the various components of the Fraser Water System of which the Fraser Wells are a part of, diligence with respect to any one component of the Fraser Water System should appropriately be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the Applicant’s integrated water supply system. See C.R.S. § 37-92-301(4)(b). The Application filed in this matter sets forth an outline of the work performed by Applicant during the diligence period. Name and address of owners of land on which structures are located and upon which water is placed to beneficial use: (a) Applicant; (b) Cristie G. Taylor, P.O. Box 1741, Fraser, Colorado 80442; (c) Michael D. Emal and Robert C. Emal, P.O. Box 96, Fraser, Colorado 80442. WHEREFORE, Applicant respectfully requests that the Court enter a decree: confirming that the water rights associated with Fraser Well Nos. 1, 2 and 5 have been made absolute by reason of completion of the appropriation and application of the following amounts of water for all decreed beneficial uses: Fraser Well No. 1 at a rate of 0.062 cfs (28 gpm), Fraser Well No. 2 at a rate of 0.087 cfs (39 gpm), Fraser Well No. 5 at a rate of 0.301 cfs (135 gpm); or in the alternative, that the activities outlined in this Application are sufficient to support an finding of reasonable diligence on these portions of the water rights associated with the Fraser Wells, Applicant has been reasonably diligent in developing these portions of the water right associated with the Fraser Wells, and continuing such portions, as conditional, for all decreed uses in full force and effect in accordance with the original decree; confirming that the activities outlined in this Application are sufficient to support a finding of reasonable diligence on the remaining conditional portions of the water rights associated with the Fraser Wells; Applicant has been reasonably diligent in developing the remaining conditional portions of the water rights associated with the Fraser Wells for all decreed uses, and continuing such portions, as conditional, for all decreed uses in full force and effect in accordance with the original decree; and granting such other relief as the Court deems just and proper. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

37. 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 SEPTEMBER 2016. 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. 16CW3104 GARFIELD COUNTY, COLORADO. Source: Colorado River. Application for Finding of Reasonable Diligence and to Make Absolute in Part. Battlement Mesa Golf Course, LLC, Battlement Mesa Land Investments, LLC, c/o Sara M. Dunn, Lawrence M. Bond, BALCOMB & GREEN, P.C., Post Office Drawer 790, Glenwood Springs, CO 81602, Telephone: (970) 928- 3467. CLAIM FOR FINDING OF REASONABLE DILIGENCE. Findings of Reasonable Diligence for the development of the Eaton Pipeline No. 2 conditional rights were also entered in Case No. 01CW291, decree entered December 27, 2002; Case No. 94CW284, decree entered November 15, 1995; Case No. 88CW187, decree entered November 1, 1988; Case No. 84CW161, decree entered November 10, 1966; and, in a subsequent proceeding in Civil Action 4954, decree entered May 24, 1968. Name of Structure: SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 35

Eaton Pipeline No. 2. Legal: The decreed point of diversion was corrected in Case No. 05CW281, Water Court Division 5, to a point in the NE1/4 of the NW1/4 of Sec. 18, T. 7 S., R. 95 W. of the 6th P.M., 450 ft. from the N sec. line and 1,500 ft. from the W. sec. line. See Figure 1. Appropriation Date: 12/18/1956. Amount: 5.75 c.f.s., conditional. Decreed Use: Irrigation, manufacturing, industrial, and domestic. Name and Address of Owners of Land on Which Diversion Structures are Located: Applicants. CLAIM TO MAKE WATER RIGHTS ABSOLUTE. Claim to make absolute in part: Date water applied to beneficial use: 7/28/16. Call Records attached to the Application as Exhibit A. Amount: 180 gpm or 0.4 c.f.s. Use: Irrigation of five acres located in the SW1/4, SE1/4, Section 13, Township 7 South, Range 96 West of the 6th Principal Meridian. See map on file Figure 2. Detailed outline of what has been done toward completion or for completion of the approp. and application of water to a beneficial use as conditionally decreed, including expenditures is included in the Application on file with the Water Court. (5 pgs., 2 Figures, 1 Ex.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

38. 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 SEPTEMBER 2016. 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. 16CW3105 GARFIELD COUNTY, COLORADO. Application for Change of Water Right. Battlement Mesa Land Investments, LLC c/o Sara M. Dunn, Esq., Lawrence M. Bond, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, Telephone: 970-928-3467. FIRST CLAIM FOR CHANGE OF WATER RIGHT. Name of Structure: Eaton Pipeline No. 2. Date of original and all relevant subsequent decrees: 7/9/1965 entered in C.A. 4954, District Court, Garfield County. In a supplemental proceeding in C.A. 4954, the District Court determined that 4.25 c.f.s. of the 10.0 c.f.s. conditionally decreed to the Eaton Pipeline No. 2 had been made absolute were entered in Case Nos. 08CW161, 01CW291, 94CW284, 88CW187, and 84CW161. Legal: The decreed point of diversion for the Eaton Pipeline No. 2 was corrected in Case No. 05CW281, Water Court Division 5, to a point in the NE1/4 of the NW1/4 of Section 18, Township 7 South, Range 95 West of the 6th P.M., 450 feet from the north section line and 1,500 feet from the west section line. Figure 1 is attached to the application which is on file with the Court. Source: Colorado River. Date Appropriation: 12/18/1956. Total Amount Decreed to Structure: 10 c.f.s. of which 5.75 c.f.s. is conditional and 4.25 c.f.s. is absolute. Decreed Uses: Irrigation, manufacturing, industrial, and domestic. Detailed description of proposed change: Applicant requests approval of an alternate point of diversion for the Eaton Pipeline No. 2 as follows: Name of Structure: Eaton Pipeline No. 2 Alternate Point No. 1. Legal Description of Point of Diversion: SW1/4 SE1/4 of Sec. 13, T. 7 S., R. 96 W. of the 6th P.M., 174 ft. from the S. sec. line and 1,792 ft. from the E. sec. line. Figure 2 is attached to the application which is on file with the Court. Source: Colorado River. Amount to be changed: 180 g.p.m. or 0.4 c.f.s. Uses: Applicant is not requesting a change in type of use. Water diverted at the alternate point of diversion will be used for irrigation, manufacturing, industrial, and domestic purposes. Place of Use: SW1/4, SE1/4, Sec. 13, T. 7 S., R.96 W. of the 6th PM. See Figure 2. Remarks: Applicant began diversions of water at the Eaton Pipeline No. 2 Alternate Point of Division No. 1 in July of 2016 for irrigation of approximately five acres within a wildlife habitat project area in coordination with Colorado Parks and Wildlife. Name and address of owner of the land upon which any new or existing diversion or storage structure, or modification of any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. (4 pgs., 2 Figures) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

39. 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 SEPTEMBER 2016. 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. 16CW3106 Eagle County School District RE-501J, 948 Chambers Avenue, PO Box 740, Eagle, Colorado 81631. Please send all correspondence to and serve all court filings on Jeffrey J. Kahn, No. 6894 and Matthew Machado, No. 31233, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT. Name of structure: High School Drain. Description of the Conditional SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 36

Water Right: Date of original decree: January 3, 1996, Case No. 94CW370, District Court, Water Division No. 5, Colorado. Legal description: The manhole from which water is withdrawn from the drain is located in the SE ¼, NE ¼, SW ¼ of Section 5, Township 5 South, Range 85 West of the 6th P.M., Eagle County, Colorado. The point of diversion is a manhole located at a point whence the Angle Point 6 of Tract 67, Township 5 South, Range 85 West of the 6th P.M. bears South 62°29’46” East 1,457.58 feet. The location of the subject water right is depicted on EXHIBIT A. Source: Ground water tributary to Gypsum Creek and/or the Eagle River. Appropriation Date: December 30, 1994. Amount: 0.28 cfs. Use: Irrigation and piscatorial uses. Water is used indoors for hydroponic cultivation of plants and fish habitat. This water may also be used for irrigation of approximately 16 acres of grounds around the school in the NE ¼ of the SW ¼ and the NW ¼ of the SE ¼ of Section 5, Township 5 South, Range 85 West of the 6th P.M. It is anticipated that the non-irrigation uses of water will consume no more than 0.75 acre feet annually. All water not utilized for irrigation purposes shall be returned to Gypsum Creek either via the Town of Gypsum’s wastewater treatment system or via a pipeline which discharges water to Gypsum Creek. Depth: The drain is buried approximately eight feet underground. Amounts previously made absolute: 0.18 cfs of the 0.28 cfs was made absolute in Case No. 02CW003 for piscatorial use and hydroponic cultivation use. Conditional amounts for which findings of reasonably diligence are requested: 0.10 cfs for piscatorial use and hydroponic cultivation use remains conditional, as does 0.28 cfs for the irrigation use. 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: The decreed uses for this water right are all located on the Eagle Valley High School campus. Since the completion of the renovation of EVHS and modifications to the campus landscaping, the District, in conjunction with its engineering and legal consultants, have been investigating use of the subject water rights on the campus, including for use within a new educational greenhouse facility on campus. In addition, the District has maintained its 1996 contract for Green Mountain Reservoir water service with the Bureau of Reclamation by making annual payments. The State Engineer required the District to obtain this contract in order to divert water under the subject water right. Also, the District’s Board of Education passed the attached Resolution 2016/17-3 affirming the District’s need for and intent to maintain the subject conditional water right (EXHIBIT B). If a claim to make absolute, water applied to beneficial use: Not applicable. Names and addresses of owners of land on which structures are located: Applicant. WHEREFORE, Applicant requests the Court continue the conditional water right for the aforementioned uses and amounts for an additional six years. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

40. 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 SEPTEMBER 2016. 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. 16CW3107 GRAND AND SUMMIT COUNTIES; NORTH FORK OF THE SNAKE RIVER, SNAKE RIVER, BLUE RIVER, COLORADO RIVER. Dundee Resort Development LLC, P.O. Box 5808, Dillon, CO 80435; c/o Michael J. Sawyer, Esq., Karp Neu Hanlon, P.C., 201 14th Street, Suite 200, P.O. Drawer 2030, Glenwood Springs, CO 81602. Application to Make Conditional Water Rights Absolute, in Part, and for Finding of Reasonable Diligence. First Claim: Finding of Reasonable Diligence for Surface Water Right. Arapahoe Basin Snowline Alternate Point of Diversion. Date of original and subsequent decrees: July 30, 2002, in Case No. 98CW95; diligence was found in Case No. 08CW104. Location: Per DWR PLSS Data: The NE 1/4 of the NE 1/4 of Section 17, Township 5 South, Range 76 West of the 6th P.M. at a point 74 feet south of the North Section line and 1,099 feet west of the East Section line of said Section 17. Per BLM PLSS Data: The SW 1/4 of the SE 1/4 of Section 8, Township 5 South, Range 76 West of the 6th P.M. at a point 600 feet north of the South Section line and 1,620 feet west of the East Section line of said Section 8. Source: North Fork of the Snake River, tributary of the Snake River, tributary of the Blue River, tributary of the Colorado River. Appropriation Date: December 17, 1980. Amount: 1.1 c.f.s., conditional. Use: Artificial snowmaking. Remarks: Operates pursuant to the plan for augmentation by exchange from Clinton Gulch Reservoir and Williams Fork Reservoir as approved in Case No. 98CW95, which amended the plan for augmentation originally approved in Case No. 85CW614, as amended in pertinent part in Case No. 92CW331. Owner of land on which structure is located: United States Forest Service, Dillon Ranger District. Second Claim: Finding of Reasonable Diligence for Appropriative Right of Exchange. Clinton Gulch Reservoir/Williams Fork Reservoir – Arapahoe Basin Snowline Alternate Point of Diversion Exchange. Date of original and subsequent decrees: July 30, 2002, in Case No. 98CW95; diligence was found in Case No. 08CW104. Location: Upper Terminus: The location of the Arapahoe Basin Snowline Alternate Point of Diversion described above. Lower Termini: Clinton Gulch Reservoir Water: The upstream end of the Dillon Reservoir outlet, which is located in the SE 1/4 of the NE 1/4 of Section 13, Township 5 South, Range 78 West of the 6th P.M. at a point 390 feet west of the East Section line and 3,620 feet north of the South Section line of said Section 13. Williams Fork Reservoir Water: The confluence of the Blue River and Colorado River located in the NW 1/4 of the NE 1/4 of Section 19, Township 1 North, SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 37

Range 80 West of the 6th P.M. at a point 2,040 feet west of the East Section line and 4,830 feet north of the South Section line of said Section 19. Rate of exchange: 1.1 c.f.s., conditional. Appropriation Date: July 21, 1992. Use: Artificial snowmaking diversions by the Arapahoe Basin Snowline Alternate Point of Diversion. Operation of Exchange: The exchange operates in conjunction with the plan for augmentation adjudicated in Case No. 85CW614, as amended by Case Nos. 92CW331 and 98CW95. Third Claim: Finding of Reasonable Diligence for Storage Water Right. Arapahoe Basin Snowmaking Reservoir, First Enlargement. Date of original and subsequent decrees: July 30, 2002, in Case No. 98CW95; diligence was found in Case Nos. 03CW223, 10CW139. Location (Decreed): Per DWR PLSS Data: NE 1/4 of the SE 1/4 of Section 3, Township 5 South, Range 76 West of the 6th P.M. at a point 1,953 feet north of the South Section line and 506 feet west of the East Section line of said Section 3. Per BLM PLSS Data: NE 1/4 of the SE 1/4 of Section 3, Township 5 South, Range 76 West of the 6th P.M. at a point 1,506 feet north of the South Section line and 340 feet west of the East Section line of said Section 3. Location (Actual), Per BLM PLSS Data: NE 1/4 of the SE 1/4 of Section 3, Township 5 South, Range 76 West of the 6th P.M. at a point 1,585 feet north of the South Section line and 120 feet west of the East Section line of said Section 3. Source: North Fork of the Snake River, tributary of the Snake River, tributary of the Blue River, tributary of the Colorado River. Appropriation Date: September, 1977. Amount: 1.9 acre-feet, conditional, for all decreed uses; 3.6 acre-feet, absolute, for all decreed uses. Use: Artificial snowmaking, domestic, and commercial. Reservoir capacity: 7.5 acre-feet, total and active. Remarks: Operates pursuant to a plan for augmentation by exchange from Clinton Gulch Reservoir and Williams Fork Reservoir as approved in Case No. 98CW95, which amended the plan for augmentation originally approved in Case No. 85CW614, as amended in pertinent part in Case Nos. 91CW249 and 92CW331. Owner of land on which structure is located: United States Forest Service, Dillon Ranger District. Fourth Claim: Make Appropriative Right of Exchange Absolute, in Part, and Finding of Reasonable Diligence. Clinton Gulch Reservoir/Williams Fork Reservoir – Arapahoe Basin Snowmaking Reservoir, First Enlargement Exchange. Date of original and subsequent decrees: July 30, 2002, in Case No. 98CW95; diligence was found in Case Nos. 03CW223, 10CW139. Location: Upper Terminus: The location of the Arapahoe Basin Snowmaking Reservoir, First Enlargement described above. Lower Termini: Clinton Gulch Reservoir Water: The upstream end of the Dillon Reservoir outlet, which is located in the SE 1/4 of the NE 1/4 of Section 13, Township 5 South, Range 78 West of the 6th P.M. at a point 390 feet west of the East Section line and 3,620 feet north of the South Section line of said Section 13. Williams Fork Reservoir Water: The confluence of the Blue River and Colorado River located in the NW 1/4 of the NE 1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M. at a point 2,040 feet west of the East Section line and 4,830 feet north of the South Section line of said Section 19. Rate of exchange: 5.5 acre-feet, conditional. Appropriation Date: July 21, 1992. Use: Artificial snowmaking diversions by the Arapahoe Basin Snowmaking Reservoir, First Enlargement. Operation of Exchange: The exchange operates in conjunction with the plan for augmentation adjudicated in Case No. 85CW614, as amended by Case Nos. 92CW331 and 98CW95. Date water first applied to beneficial use: October 5, 2015. Amount of water exchanged: 3.6 acre-feet, absolute. Use: Exchange for artificial snowmaking diversions into the Arapahoe Basin Snowmaking Reservoir, First Enlargement. Location where applied to beneficial use: Arapahoe Basin Ski Area, generally within Sections 2, 3 and 11, Township 5 South, Range 76 West of the 6th P.M. Application to beneficial use: During the month of October, 2015, Applicant used 13.53 acre-feet of water for artificial snowmaking, including 0.81 c.f.s. of water diverted to fill the Arapahoe Basin Snowmaking Reservoir, First Enlargement on October 5, 2015 during Call #31258.00000 Green MtnRes/C-BT on the Blue River. Fifth Claim: Make Ground Water Right Absolute, in Part, and Finding of Reasonable Diligence. Midway Well. Date of original and subsequent decrees: September 14, 1989, in Case No. 85CW614; diligence was found in Case Nos. 91CW249, 92CW331, 95CW197, 98CW95, 03CW223, 08CW104. Location (Decreed): Per DWR PLSS Data: NE 1/4 of the NW 1/4 of Section 11, Township 5 South, Range 76 West of the 6th P.M. at a point 458 feet south of the North Section line and 1,391 feet east of the West Section line of said Section 11. Per BLM PLSS Data: NE 1/4 of the NW 1/4 of Section 11, Township 5 South, Range 76 West of the 6th P.M. at a point 910 feet south of the North Section line and 1,532 feet east of the West Section line of said Section 11. Location (Actual), Per BLM PLSS Data: NE 1/4 of the NW 1/4 of Section 11, Township 5 South, Range 76 West of the 6th P.M. at a point 1,010 feet south of the North Section line and 1,540 feet east of the West Section line of said Section 11. Source: Groundwater tributary to the North Fork of the Snake River, tributary of the Snake River, tributary of the Blue River, tributary of the Colorado River. Appropriation Date: September 12, 1985. Amount: 7,500 g.p.d. (15 g.p.m. instantaneous), conditional, for all decreed uses; 7,500 g.p.d. (15 g.p.m. instantaneous), absolute, for all decreed uses. Use: Domestic and commercial. Owner of land on which structure is located: United States Forest Service, Dillon Ranger District. Date water first applied to beneficial use: September 25, 2015. Amount: 16.6 g.p.m. Use: Domestic and commercial. Location where applied to beneficial use: Midway Lodge located at the Arapahoe Basin Ski Area generally within Section 11, Township 5 South, Range 76 West of the 6th P.M. Application to beneficial use: On September 25, 2015, Applicant diverted 16.6 g.p.m. of water from the Midway Well for use in the Midway Lodge. Sixth Claim: Finding of Reasonable Diligence for Appropriative Right of Exchange. Clinton Gulch Reservoir/Williams Fork Reservoir – Midway Well Exchange. Date of original and subsequent decrees: May 21, 1997, in Case No. 92CW331; diligence was found in Case Nos. 95CW197, 98CW95, 03CW223, 08CW104. Location: Upper Terminus: The actual location of the Midway Well described above. Lower Termini: Clinton Gulch Reservoir Water: The upstream end of the Dillon Reservoir outlet, which is located in the SE 1/4 of the NE 1/4 of Section 13, Township 5 South, Range 78 West of the 6th P.M. at a point 390 feet west of the East Section line and 3,620 feet north of the South Section line of said Section 13. Williams Fork Reservoir Water: The confluence of the Blue River and Colorado River located in the NW 1/4 of the NE 1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M. at a point 2,040 feet west of the East Section line and 4,830 feet north of the South Section line of said Section 19. Rate of exchange: 30 g.p.m., conditional. Appropriation Date: July 21, 1992. Use: Domestic and SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 38 commercial diversions by the Midway Well. Operation of Exchange: The exchange operates in conjunction with the plan for augmentation adjudicated in Case No. 85CW614, as amended by Case Nos. 91CW249 and 92CW331. Seventh Claim: Make Appropriative Right of Exchange Absolute, in Part, and Finding of Reasonable Diligence. Green Mountain Reservoir – Midway Well Exchange. Date of original and subsequent decrees: September 14, 1989, in Case No. 85CW614; diligence was found in Case Nos. 91CW249, 92CW331, 95CW197, 98CW95, 03CW223, 08CW104. Location: Upper Terminus: The actual location of the Midway Well described above. Lower Terminus: The upstream end of the Green Mountain Reservoir outlet located in the SE 1/4 of the NE 1/4 of Section 15, Township 2 South, Range 80 West of the 6th P.M. at a point 850 feet west of the East Section line and 2,660 feet from the south Section line of said Section 15. Rate of exchange: 30 g.p.m., conditional. Appropriation Date: January 23, 1984. Use: Domestic and commercial depletions by the Midway Well. Operation of Exchange: The exchange operates in conjunction with the plan for augmentation adjudicated in Case No. 85CW614, as amended by Case Nos. 91CW249 and 92CW331. Date water first applied to beneficial use: September 25, 2015. Amount of water exchanged: 16.6 g.p.m. Use: Domestic and commercial uses at the Midway Well. Location where water has been applied to beneficial use: Midway Lodge located at the Arapahoe Basin Ski Area generally within Section 11, Township 5 South, Range 76 West of the 6th P.M. Application to beneficial use: On September 25, 2015, Applicant diverted 16.6 g.p.m. of water from the Midway Well for use in the Midway Lodge during Call #30895.21241 GVIC on the Colorado River. Eighth Claim: Finding of Reasonable Diligence for Appropriative Right of Exchange. Clinton Gulch Reservoir/Williams Fork Reservoir – Arapahoe Ski Basin Surface Diversion Point A Exchange. Date of original and subsequent decrees: May 21, 1997, in Case No. 92CW331; diligence found in Case Nos. 98CW95, 08CW104. Location: Upper Terminus: Per DWR PLSS Data: NE 1/4 of the SW 1/4 of Section 2, Township 5 South, Range 76 West of the 6th P.M. at a point 2,458 feet north of the South Section line and 1,250 feet east of the West Section line of said Section 2. Per BLM PLSS Data: NE 1/4 of the SW 1/4 of Section 2, Township 5 South, Range 76 West of the 6th P.M. at a point 1,845 feet north of the South Section line and 1,330 feet east of the West Section line of said Section 2. Lower Termini: Clinton Gulch Reservoir Water: The upstream end of the Dillon Reservoir outlet, which is located in the SE 1/4 of the NE 1/4 of Section 13, Township 5 South, Range 78 West of the 6th P.M. at a point 390 feet west of the East Section line and 3,620 feet north of the South Section line of said Section 13. Williams Fork Reservoir Water: The confluence of the Blue River and Colorado River located in the NW 1/4 of the NE 1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M. at a point 2,040 feet west of the East Section line and 4,830 feet north of the South Section line of said Section 19. Rate of exchange: 10 g.p.m., conditional. Appropriation Date: July 21, 1992. Use: Domestic and commercial diversions by the Arapahoe Ski Basin Surface Diversion Point A. Operation of Exchange: The exchange operates in conjunction with the plan for augmentation adjudicated in Case No. 85CW614, as amended by Case Nos. 91CW249 and 92CW331. Ninth Claim: Finding of Reasonable Diligence for Appropriative Right of Exchange. Clinton Gulch Reservoir/Williams Fork Reservoir – Arapahoe Ski Basin Surface Diversion Point B Exchange. Date of original and subsequent decrees: May 21, 1997, in Case No. 92CW331; diligence was found in Case Nos. 98CW95, 08CW104. Location: Upper Terminus: Per DWR PLSS Data: NE 1/4 of the SW 1/4 of Section 2, Township 5 South, Range 76 West of the 6th P.M. at a point 2,303 feet north of the South Section line and 1,373 feet east of the West Section line of said Section 2. Per BLM PLSS Data: NE 1/4 of the SW 1/4 of Section 2, Township 5 South, Range 76 West of the 6th P.M. at a point 1,820 feet north of the South Section line and 1,350 feet east of the West Section line of said Section 2. Lower Termini: Clinton Gulch Reservoir Water: The upstream end of the Dillon Reservoir outlet, which is located in the SE 1/4 of the NE 1/4 of Section 13, Township 5 South, Range 78 West of the 6th P.M. at a point 390 feet west of the East Section line and 3,620 feet north of the South Section line of said Section 13. Williams Fork Reservoir Water: The confluence of the Blue River and Colorado River located in the NW 1/4 of the NE 1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M. at a point 2,040 feet west of the East Section line and 4,830 feet north of the South Section line of said Section 19. Exchange Rate: 10 g.p.m., conditional. Appropriation Date: July 21, 1992. Use: Domestic and commercial depletions by the Arapahoe Ski Basin Surface Diversion Point B. Operation of Exchange: The exchange operates in conjunction with the plan for augmentation adjudicated in Case No. 85CW614, as amended by Case Nos. 91CW249 and 92CW331. Development – Application to Beneficial Use: The Application contains a detailed outline of what has been done toward completion of the appropriations and application to beneficial use of the subject conditional water rights. (23 pages, including exhibits). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

41. 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 SEPTEMBER 2016. 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. 16CW3108 PITKIN COUNTY, NICKELSON CREEK, TRIBUTARY TO CAPITOL CREEK, TRIBUTARY TO SNOWMASS CREEK, TRIBUTARY TO THE ROARING FORK RIVER. Application for Finding of Reasonable Diligence. SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 39

Nickelson Creek Ranch Co., LP, c/o Balcomb & Green, P.C., Sara M. Dunn, Post Office Drawer 790, Glenwood Springs, CO 81602 Phone: (970) 928-3467, E-mail: [email protected]. Previous Decree Information: The conditional water rights described herein were originally decreed in Case No. 84CW381 on 4/9/1985 by the Division 5 Water Court. Subsequent decrees awarding findings of diligence: Case No. 89CW22, decree entered 6/21/1989 and amended on 2/11/1997; Case No. 95CW71, decree entered 11/15/1995 and amended 2/11/1997; Case No. 01CW256 decree entered 6/2/2003; Case No. 09CW55 decree entered 9/17/2010. Nickelson Creek Ditch No. 1. Legal: The point of diversion is located in the NE1/4 NE1/4 of Sec. 36, T. 9 S., R. 87 W. of the 6th P.M. at a point when the Northeast Corner of said Sec. 36 bears N. 39 degrees 30’ E. a distance of 600 ft. being 462.97 ft. from the N. sec. line and 381.64 ft. from the E. sec. line. Appropriation date: 11/21/1984. Amount: 1.0 c.f.s., conditional. Use: domestic and hydro-electric power generation. Name and address of owner or reputed owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. A detailed outline of what has been done toward completion or for completion of the Approp. and application of water to a beneficial use as conditionally decreed, including expenditures is included in the Application on file with the Water Court. (4 pgs, 1 figure) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

42. 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 SEPTEMBER 2016. 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. 16CW3109 PITKIN COUNTY, ROARING FORK & COLO RIVERS. Application for Findings of Reasonable Diligence. Aspen Camp of the Deaf and Hard of Hearing, c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, 970-945-8659. All structures: Original decrees entered in Case Nos. 94CW371 & 94CW372; subsequent decrees entered in Case Nos. 09CW44, 09CW45, 09CW46, 02CW132, 02CW133 & 02CW140. All water rights will operate in conjunction with the plan for augmentation decreed in Case No. 94CW373. ADC Well No. 2: located in the SE¼SE¼ Sec 11, T 9 S, R 86 W, 6th PM, being N. 51°49’00” W. 1,108 ft from SE corner of said Sec 11., 750 ft from S Sec line & 900 ft from E Sec line, Northing 4349560.00, Easting 334411.35, Zone 13. Source: alluvium of Snowmass Creek, trib to Roaring Fork & Colo Rivers. Appropriation date: 11/18/94. Amount: 0.055 c.f.s. (25 gpm), conditional. Uses: Domestic, commercial school operations, irrigation, stockwatering, and fire protection purposes. ADC Well No. 3: located in the NE ¼ of Sec 14, T 9 S, R 86 W, 6th PM, being S. 43°46’52” W. 1,710.9 ft from NE corner of said Sec 14, 1,400 ft from N Sec line and 1,150 ft from E Sec line, Northing 4348906.00, Easting 331056.30, Zone 13. Source: alluvium of Snowmass Creek, trib to Roaring Fork & Colo Rivers. Appropriation date: 11/18/94. Amount: 0.055 cfs (25 gpm), conditional. Uses: Domestic, commercial school operations, irrigation, stockwatering, and fire protection purposes. ADC Pump and Pipeline: located in the NE¼NE¼ Sec 14, T 9 S, R 86 W, 6th PM, being S. 61°49’00” W. 1,279 ft from NE corner of said Sec 14, 1,100 ft from N Sec line & 1,075 ft from E Sec line, Northing 4348997.00, Easting 331081.00, Zone 13. Source: Snowmass Creek, tributary to Roaring Fork & Colo Rivers. Appropriation date: 11/14/94. Amount: 0.1 cfs (45 gpm), conditional. Uses: storage in the ADC Pond System. ADC Pond System: a series of ponds situated in the SE¼SE¼ Sec 11, T 9 S, R 86 W, 6th PM, the center being N. 72°12’00” W. 1,138 from SE corner of said Sec 11, and N. 38°30’00” W. 1,272 ft from SE corner of said Sec 11, 400 ft from S Sec line and 1,175 ft from E Sec line, Northing 4349455.00, Easting 331059.00; and 950 ft from S Sec line and 775 ft from E Sec line, Northing 4349621.00, Easting 3311833.30, Zone 13. Source: Snowmass Creek, trib to Roaring Fork & Colo Rivers. Appropriation date: 11/18/94. Amount: 9.856 af, conditional. Uses: Irrigation, recreational, piscatorial, augmentation and exchange. The Application on file with the court includes a list of activities demonstrating diligence. Owner of land: Applicant. (7 pages YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

43. 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 SEPTEMBER 2016. 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. SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 40

16CW3110 (2009CW144). IN PITKIN COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF THE CITY OF ASPEN. 1. Name, mailing address, email address, and telephone number of Applicant: City of Aspen, c/o David Hornbacher, Director of Utilities and Environmental Initiatives, 130 South Galena Street, Aspen, CO 81611, Telephone: (970) 920- 5110, email: [email protected]. Send all pleadings to: Cynthia Covell, Andrea Benson and Alyson Scott, Alperstein & Covell, P.C., 1600 Broadway, Suite 900, Denver, Colorado 80202, (303) 894-8191. 2. Names of structures. Lyeth Jones Pipeline; First Enlargement AH Wells Nos. 1 – 4; Maroon Creek Pipeline, Highlands Enlargement; AH Pipeline - First Alternate; AH Pipeline - Second Alternate. 3. Describe conditional water right (as to each structure) giving the following from the previous decree: A. Date of original decree: May 9, 1995, Case No.: 93CW322, Court: Water Court, Water Division 5. B. Subsequent decrees awarding diligence: All subsequent decrees were entered by the Water Court, Water Division No. 5, as follows: Case No. 01CW145 on September 24, 2003, and in Case No. 09CW144 on September 17, 2010. C. Decreed locations. Lyeth-Jones Pipeline, First Enlargement. A point located in the SW1/4NW1/4, Section 14, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County, at a point whence the North Quarter Corner of Section 14 bears North 44° 07' East a distance of 2, 272.41 feet. AH Wells Nos. 1 - 4. The four wells will be located southeast of Maroon Creek in the SW1/4NW1/4, Section 14, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County. The wells will be located within a radius of 700 feet of a point located whence the Northwest Corner of said Section 14 bears North 10°0' West a distance of 2, 575 feet. The following locations were decreed as tentative locations for the four wells: AH Well No. 1: A point whence the Northwest Corner of Section 14 bears North 4°15' West a distance of 3,025 feet. AH Well No. 2: A point whence the Northwest Corner of Section 14 bears North 9°30' West a distance of 2,700 feet. AH Well No. 3: A point whence the Northwest Corner of Section 14 bears North 17°15' West a distance of 2,600 feet. AH Well No. 4: A point whence the Northwest Corner of Section 14 bears North 26°0' West a distance of 2,400 feet. Maroon Creek Pipeline, Highlands Enlargement: The headgate is located at a point on the Southerly bank of Maroon Creek, whence the North Quarter Corner of Section 22, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County bears North 38°55' East a distance of 5,361.8 feet. AH Pipeline, First Alternate. The east bank of Maroon Creek, in the NE1/4SE1/4, Section 15, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County, at a point whence the West Quarter Corner of Section 14, Township 10 South, Range 85 West of the 6th P.M. bears South 75°25' East 148' then North 4°33'50" East 840.62 feet. AH Pipeline, Second Alternate. A point located on the east bank of Maroon Creek, in the NE1/4SE1/4, Section 15, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County, at a point whence the Southeast Corner of said Section 15 bears South 24°08'03" East 1460.93 feet. D. GPS Location Information in UTM format. Name of Structure Lyeth Jones Alternative Description (UTM): Northing 4338895.696; Easting 339754.87 Pipeline, First Were points averaged? Enlargement □ Yes No □ Zone 12  Zone 13 AH Well No. 1 Alternative Description (UTM): Northing 4338492.458; Easting 339502.506 Were points averaged? □ Yes No □ Zone 12  Zone 13 AH Well No. 2 Alternative Description (UTM): Northing 4338600.296; Easting 339570.004 Were points averaged? □ Yes No □ Zone 12  Zone 13 AH Well No. 3 Alternative Description (UTM): Northing 4338655.108; Easting 339669.18 Were points averaged? □ Yes No □ Zone 12  Zone 13 AH Well No. 4 Alternative Description (UTM): Northing 4338754.457; Easting 339754.854 Were points averaged? □ Yes No □ Zone 12  Zone 13 Maroon Creek Alternative Description (UTM): Northing 4336552.042; Easting 337567.280 Pipeline, Highlands Were points averaged? Enlargement □ Yes No □ Zone 12  Zone 13 AH Pipeline, Alternative Description (UTM): Northing 4338363.345; Easting 339364.617 First Alternate Were points averaged? □ Yes No □ Zone 12  Zone 13 AH Pipeline, Alternative Description (UTM): Northing 4338212.795; Easting 339207.067 Second Alternate Were points averaged? □ Yes No □ Zone 12  Zone 13 A USGS map showing the location of the above-named structures is attached as Exhibit A to the application. In addition, maps created from the State Engineer’s AQUAMAP program are also attached as Exhibit B to the application. Although a mapped location and legal description for these structures based on distances from section lines can be developed by use of the State Engineer’s AQUAMAP program, AQUAMAP may not provide an accurate description or mapped location for the structures. E. Source for all structures: Maroon Creek, a tributary of the Roaring Fork and Colorado Rivers F. Appropriation date as to all structures: August 10, SEPTEMBER 2016 RESUME WATER DIVISION 5 PAGE 41

1993. G. Amounts: Lyeth-Jones Pipeline, First Enlargement: 4.5 cfs, conditional; AH Wells Nos. 1 - 4: 1.0 cfs conditional as to each well; Maroon Creek Pipeline Highlands Enlargement: 4.5 cfs, conditional; AH Pipeline, First Alternate: 4.5 cfs conditional; AH Pipeline, Second Alternate: 4.5 cfs conditional. The cumulative instantaneous diversions under the foregoing water rights shall not exceed 4.5 cfs at any given time. H. Uses: Domestic, irrigation, municipal, commercial, industrial, recreation, snowmaking, or piscatorial, fire protection, augmentation and exchange purposes. 4. Detailed outline of work and expenditures done to complete appropriations and apply water to beneficial use. The water rights decreed in Case No. 93CW322 were developed to provide a legal water supply for the development of the Aspen Highlands Base Area and the Aspen Highlands Ski Area in Pitkin County. The water rights were adjudicated and owned by Applicants Hines Highlands Limited Partnership and Aspen Highlands Mountain Limited Liability Company (collectively, “Hines”) from the date of their decree until they were conveyed to the City. The City and Hines are parties to a Water Service Agreement dated August 10, 1998, and two Raw Water Agreements of the same date. Pursuant to these agreements, the City contracted to provide municipal water service for domestic, irrigation, recreation, snowmaking and other water uses to the Hines development projects using its existing water rights and supplies and the water rights decreed in Case No. 93CW322, when and to the extent needed. Hines contracted, among other things, to construct and convey to the City the water system infrastructure necessary to enable the City to deliver raw and treated water supplies pursuant to the agreements, to transfer ownership of that infrastructure to the City upon completion and acceptance by the City, and to convey to the City the conditional water rights that are the subject of this application. The City operates an integrated water supply system, currently consisting of diversion structures, wells, water mains, lines and distribution systems for both raw and treated water, pump systems, an operational reservoir, treatment plants and related infrastructure. The water system infrastructure constructed by Hines is a component of this integrated water supply system and is used to supply water to the Hines projects as well as provide additional reliability to other City customers. Pursuant to C.R.S. § 37-92-301(4)(b), when an integrated water supply system is composed of several features, as is the case here, work on one feature of the system is considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. During this diligence period, City has continued to improve, operate and maintain its integrated water supply system, of which these conditional water rights are a part. The City has spent approximately $8.2 million in the construction, repair and improvement of its water system infrastructure and related infrastructure and projects that are part of the efficiency, operation and maintenance of its integrated water supply system, to enable the City to more effectively provide water service to its existing and future customers. These efforts have allowed the City to continue to provide water service to the Hines project that is as efficient and reliable as the service provided to the City’s other customers, and during this diligence period, the City postponed construction of additional infrastructure for these conditional water rights. The City has defended its water rights, including these conditional water rights, against applications filed by others in cases where the City has determined that injury to its water rights could occur in the absence of appropriate terms and conditions. During this diligence period, the City has expended approximately $647,000 in attorney fees, of which a portion was expended specifically in opposition to water court applications in order to protect and defend the City’s water rights, including, without limitation, in the following cases from the Water Court, Water Division No. 5.: Case Nos. 10CW147, 10CW286, 11CW97, 11CW198, 13CW3108, 14CW3096, 14CW3176, 14CW3179, 15CW3014, 15CW3050, 15CW3052, 15CW3053, 15CW3110, and 15CW3116. 5. Names and addresses of owners or reputed owners of the land upon which any new diversion structure or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. The Lyeth Jones Pipeline, First Enlargement is located on lands owned by: Pitkin County, 530 E. Main Street #302, Aspen, CO 81611. AH Well No. 1 is located on lands owned by: Maroon Neighborhood Townhome Association, 101 Stein Way, Aspen, CO 81611. AH Wells No. 2 and 3 are located on lands owned by: Aspen Skiing Company, LLC, PO Box 1248, Aspen, CO 81612. AH Well No. 4 is located on lands owned by: Aspen Highlands Commercial Metro District, P.O. Box 4100, Basalt, CO 81621-4100. Maroon Creek Pipeline, Highlands Enlargement is located on lands owned by: T Lazy Seven Ranch Corporation, c/o Rick Deane, 3129 Maroon Creek Road, Aspen, CO 81611, AH Pipeline - First Alternate is located on lands owned by: HSJ Snowmass LLC, One Patriot Pl., Foxboro MA 02035. AH Pipeline - Second Alternate is located on lands owned by: Trust A, 1777 NE Loop 410, San Antonio TX 78217. (8 pages plus exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2016 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.