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AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2005. 1. 05CW118 WILL NOT BE PUBLISHED IN THIS RESUME. 2. 05CW119 APPLICATION FOR AMENDMENT TO PLAN FOR AUGMENTATION concerning the Application for Water Rights of TYL Ranch, LLC. In Summit County, Colorado. District Court, Water Division No. 5, State of Colorado, Garfield County Courthouse, 109 – 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and address of Applicant: TYL Ranch, LLC, P.O. Box 1847, Silverthorne, CO 80498. Copies of all pleadings to: Glenn E. Porzak, P. Fritz Holleman, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800.2. Introduction Applicant was decreed new storage rights, changes of existing rights, and a plan for augmentation in Case No. 00CW303, District Court, Water Division No. 5. The purpose of the application in Case No. 00CW303 was to accommodate new and changed water uses on the TYL Ranch (the “Ranch”). The Ranch consists of approximately 450 acres of deeded ground in Sections 24, 25 and 26, T. 4 S., R. 78 W. of the 6th P.M., Summit County, Colorado. This application is submitted to add an additional, alternative source of augmentation water to the augmentation plan adjudicated in Case No. 00CW303. The sources of augmentation water identified and decreed in Case No. 00CW303 are sufficient, and will continue to be relied on by Applicant, but the addition of the alternative source of augmentation water described below will allow greater flexibility and more efficient water management on the Ranch. Applicant proposes that this amended augmentation plan be subject to the same terms and conditions set forth in the decree in Case No. 00CW303. The augmented structures identified in Case No. 00CW303 are described in paragraph 3 below. The augmentation sources identified in Case No. 00CW303 are described in paragraph 4 below. The additional, alternative source of augmentation water claimed in this application is described in paragraph 5. 3. Augmented Structures: A. South Pond. This right was decreed in Case No. 00CW303 for 4 acre-feet absolute, for recreational, piscatorial, wildlife, stock watering, storage, and augmentation purposes. The appropriation date is July 1, 1999. The source for this pond is Bushee Creek, via the Winegard Ditches to Winegard Pond Nos. 1, 2 and 3, and then through a culvert to the South Pond. The center of the pond is located in the SW 1/4 NE 1/4 of Section 26, T. 4 S., R. 78 W., at a point approximately 2670 feet from the North line and 1650 feet from the East line of said Section 26. This pond has a surface area of .65 acres. B. Pump Pond. This right was decreed in Case No. 00CW303 for 1 acre foot absolute, for irrigation, storage, and augmentation purposes. The appropriation date is July 1, 2000. The source for this pond is Bushee Creek, via the Sondregger No. 2 Ditch. The center of the pond is located in the SE 1/4 NE 1/4 of Section 26, T. 4 S., R. 78 W., at a point approximately 1980 feet from the North line and 390 feet from the East line of said Section 26. This pond has a surface area of .12 acres. C. House Ponds 1, 2 and 3. These rights were decreed in Case No. 00CW303 for 2.00 acre-feet absolute, for recreational, piscatorial, wildlife, aesthetic, stock watering, irrigation, storage, and augmentation purposes. The appropriation date is July 1, 1999. The source for this series of ponds is the North Fork and/or the South Fork of Bushee Creek, via water diverted at the alternate points of diversion for the Sondregger No. 5 Ditch. The ponds are located in the NW 1/4 SE 1/4 of Section 24, T. 4 S., R. 78 W. These small ponds have a combined surface area of 0.25 acres. D. Changed Ditch Rights. The decree in 00CW303 also added points of diversion, new places of use and new purposes of use to the following ditch rights located on the Ranch: a. Sondregger Ditch, b. Sondregger Ditch No. 2, c. Sondregger Ditch No. 4, d. Sondregger Ditch No. 5, e. Winegard Ditch No. 1, f. Winegard Ditch No. 2. 4. Augmentation Sources Decreed in Case No. 00CW303: The decree in Case No. 00CW303 dedicated 9.58 acre feet of historic consumptive use credit associated with the Sondregger No. 2 Ditch, and 1.20 acre feet of historic consumptive use credit associated with the Sondregger No. 5 Ditch, to cover out of priority depletions from the augmented structures. 5. Additional Augmentation Water: Applicant has now acquired 2.36 acre feet of historic consumptive use credit associated with the Valaer Ditch, Water District No. 36, Priority No. 351, decreed for a total of 25 cfs with an appropriation date of February 2, 1941, and an adjudication date of March 10, 1952, as changed by the District Court in and for Water Division No. 5 in Case No. 79CW145. The source for this water right is the Blue River, upstream from the Ranch. 6. Description of the plan for augmentation: The plan for augmentation decreed in Case No. 00CW303 recognized that Applicant had a net annual surplus of augmentation credit from the Sondregger No. 2 Ditch and the Sondregger No. 5 Ditch water rights mentioned above, but required Applicant to make storage releases from the South Pond, and/or Winegard Pond 3 and/or Winegard Pond 4 in any month when the available augmentation credits are insufficient to replace the monthly out of priority diversions from the augmented structures. By the amendment to the augmentation plan in this application, the Valaer Ditch water described in paragraph 5 above will be used as it is available as an alternative augmentation source to cover any monthly shortfall. In this manner, Applicant will attempt to minimize any storage releases from the mentioned ponds that might otherwise be required. 7. Terms and conditions: This amended augmentation plan will be subject to the terms and conditions decreed in Case No. 00CW303. The accounting form developed to implement the augmentation plan decreed in Case No. 00CW303 will continue to be used, with the addition of changes to indicate when the Valaer Ditch augmentation water is used in lieu of storage releases from the mentioned ponds on the Ranch. WHEREFORE, Applicant requests that this Court enter a decree that: A. Approves the amended plan for augmentation described in paragraph 6 above; B. Finds that as a result of the subject plan for augmentation, there will be no injury to any owner of or persons entitled to use water under a vested or decreed conditional water right. (5 pages) 3. 05CW120 GRAND COUNTY, Steve and Suzanne Johnson, c/o Holland & Hart, 600 E. Main Street,#104, Aspen, Colorado 81611 (970) 925-3476. Shane J. Harvey, Arthur B. Ferguson, Holland & Hart LLP, 600 E. Main St., Aspen, CO 81611, (970) 925- 3476. Ski Ranch Estates Well #1; APPLICATION FOR FINDING OF REASONABLE DILIGENCE; Date of Original Decree: November 18, 1986; Case No.: 85CW164; Location of Diversion: The location of the Ski Ranch Estates Well #1 is located in the N 1/2 of the SE 1/4 of the NW 1/4 and the E1/2 of the SW 1/4 of the NW 1/4 of Section 24, Township 1 South, Range 76 West of the 6th P.M. on Lot 1, Ski Ranch Estates Subdivision, as set forth on the final plat thereof recorded in the Grand County real property records; Source: Water tributary of the Fraser River; Appropriation Date: June 19, 1985; Amount: 0.31 c.f.s. conditional for the JULY 2005 RESUME WATER DIVISION 5 PAGE 2 subject single well; Use: domestic in-house use and fire protection. Outline of what has been done over the past six years toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, is set forth in the Application. (4 pages) 4. 05CW121 (99CW26) MESA COUNTY-REED WASH TRIBUTARY TO THE COLORADO RIVER. Thyrill Johnson; 1342 14 Road; Loma, CO 81524 (970)270-1193. Johnson Ditch-Application to Make Absolute. Location: NW¼SW¼ of Sec. 35, T.2N, R.3W. of the 6th P.M. 2,630 ft. from the north sec. line and 30 ft. from the west sec. line. Appropriation: April 1, 1993. Amount: 0.25 cfs, absolute. Use: irrigation and stock water. Application contains details of work completed during the diligence period. (2 pages) 5. 05CW122 WILL NOT BE PUBLISHED IN THIS RESUME. 6. 05CW123 (C.A. 1263) GARFIELD COUNTY-ALKALI CREEK. Robert & Rosemary Patterson; 228 C.R. 343; Silt, CO 81652 (970) 876-2653. J.S. Porter Ditch-Application for Change of Water Right and To Make Absolute. Decreed Point of Diversion: NW¼ of Sec. 36, T.7S, R92W. of the 6th P.M. bears N38°32’West 1,892.2 ft. Appropriation: Jan. 22, 1907. Amount: .800 cfs, absolute. Historic Use: Water decreed to the J.S. Porter Ditch was historically diverted at the decreed location and used for irrigation of land in the NW¼SW¼ and W½NW¼ of Sec. 25 and the SE¼NE¼ and NW¼SE¼ of Sec. 26, all in T.7S, R.92W. of the 6th P.M. Proposed Change of Point of Diversion: The original ditch proved difficult to maintain and at some point a much shorter ditch was constructed upstream of the decreed location. This ditch traveled about 100 yds. and emptied water into the Porter Ditch at a point 4,800 ft. north of the south sec. line and 1,650 ft. west of the east sec. line of Sec. 2, T.8S, R.92W. of the 6 P.M. The Porter Ditch carried this water to the lands historically irrigated by the J.S. Porter. Application also contains details of work completed during the diligence period. 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 existing storage pool: William D. Rowe, 5050 C.R. 342, Silt, CO 81652. (6 pages) 7. 05CW124 (98CW217 and 87CW392), Summit County, Blue River, Straight Creek, Lasky Creek and Salt Lick Gulch. Town of Dillon, 275 Lake Dillon Drive, P.O. Box 8, Dillon, Colorado 80435, 303-629-6342. (Steven P. Jeffers, Esq. and Mark D. Detsky, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303)776-9900.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Name of Structures: Conditional water rights were previously decreed for Town of Dillon Well Nos. 1 through 5 and Town of Dillon Straight Creek Diversion. Conditional exchanges were decreed involving the same structures and Town of Dillon Laskey Gulch Diversion, Dillon Blue River Intake, Silverthorne Well Nos. 1 and 2, and Dillon Reservoir (a/k/a Old Dillon Reservoir). Additional exchanges were decreed from Green Mountain Reservoir, and Granby Reservoir, but those exchanges were abandoned in Case No. 98CW217. 3. Date of Original Decree: Entered November 25, 1992 in Case No. 87CW392, District Court for Water Division No. 5. A finding of reasonable diligence was made in Case No. 98CW217. 4. Description of Conditional Water Rights for Town of Dillon Well Nos. 1 through 5: a) Decreed Locations: All wells are located in Summit County. i) Town of Dillon Well No. 1 is in the NE¼ SW¼, Section 5, T5S, R77W, of the 6th P.M., at a point 1850 feet from the south section line and 2650 feet from the east section line of said §5. ii) Town of Dillon Well No. 2 is located in the SE¼ SW¼, Section 5, T5S, R77W, of the 6th P.M., at a point 750 feet from the south section line and 1750 feet from the west section line of said §5. iii) Town of Dillon Well No. 3 is located in the SE¼ SW¼, Section 5, T5S, R77W, of the 6th P.M., at a point 650 feet from the south section line and 1500 feet from the west section line of said §5. iv) Town of Dillon Well No. 4 is located in the NE¼ NE¼, Section 7, T5S, R77W, of the 6th P.M., at a point 850 feet from the north section line and 1250 feet from the east section line of said §7. v) Town of Dillon Well No. 5 is located in the SW¼ NE¼, Section 7, T5S, R77W, of the 6th P.M., at a point 1400 feet from the north section line and 2000 feet from the east section line of said §7. b) Decreed Source: Ground water tributary to Straight Creek for all wells. c) Decreed Appropriation Date: September 29, 1987 for all wells. d) Decreed Conditional Amounts: Well No. 1: 150 gpm, 230 acre feet per year. Well No. 2: 200 gpm, 325 acre feet per year. Well No. 3: 250 gpm, 300 acre feet per year. Well No. 4: 200 gpm, 325 acre feet per year. Well No. 5: 200 gpm, 325 acre feet per year. e) Decreed Use: Municipal for all wells. f) Decreed Depth: Town of Dillon Well No. 1 is decreed for 45 feet. Well Nos. 2 through 5 are decreed for 50 feet. 5. Description of Conditional Water Rights for Town of Dillon Straight Creek Diversion: a) Decreed Location: A point on the south bank of Straight Creek whence the SW corner of §4, T5S, R77W, 6th P.M., Summit County, bears S18°13’W a Case No. 2005 CW ______(98CW217 and 87CW392) distance of 2650 feet. b) Decreed Source: Straight Creek. c) Decreed Appropriation Date: September 29, 1987. d) Decreed Conditional Amount: 1.5 cfs, CONDITIONAL. e) Decreed Use: Municipal. 6. Description of Conditional Exchange Water Rights: a) From Old Dillon Reservoir to the Town of Dillon Straight Creek Diversion, described in ¶5 above, and the Town of Dillon Laskey Gulch Diversion. Old Dillon Reservoir was decreed in Civil Action No. 1803 by the District Court for Summit County on March 10, 1952. The Reservoir is located in the SW ¼ of the SE ¼ and SE¼ of the SW¼ of Section 13, T 5 S, R 68 W of the 6th P.M., Summit County, Colorado. Town of Dillon Laskey Gulch Diversion is located at a point on the right bank of Laskey Gulch, a tributary of Straight Creek, whence the W ¼ corner of Section 4, T 5 S, R 77 W of the 6th P.M. in Summit County bears S43°46’55”W a distance of 1457.90 feet. Water will be released from Old Dillon Reservoir to the Blue River at or above the confluence of the Blue River and Salt Lick Gulch, and exchanged to the points of diversion described above. The exchange was decreed with an appropriation date of September 29, 1987. b) The exchanges described above may be operated at rates up to 5 cfs, provided that there is sufficient flow in the streams to permit the exchange. 7. Claim for Diligence, including Expenditures: The subject conditional water rights are part of an integrated water system for the Town of Dillon. Applicant claims diligence on all of the JULY 2005 RESUME WATER DIVISION 5 PAGE 3 subject conditional water rights and conditional exchanges. In furtherance of the remaining conditional water rights, Applicant has expended approximately $361,537.00 during the diligence period on the following activities: a) Conducted maintenance work on the Old Dillon Reservoir dam and the Dillon Ditch and headgate used to fill the reservoir; b) Negotiated with the United States Department of Agriculture (“USDA”) Forest Service for a special use permit, granted as Permit No. DIL199, which included drafting an environmental assessment for the existing reservoir and proposed enlargement; c) Adjudication of water court cases including: Case No. 03CW202, for diligence on the decreed augmentation plan and exchanges in Case No. 95CW077, to allow diversion of conditional water rights using Applicant’s interest in the Clinton Reservoir as an additional augmentation source; and Case No. 03CW36, adjudicating a finding of diligence in the Old Dillon Reservoir First Enlargement Decree; d) Purchased land and tested for potential well site on Straight Creek; e) Drafted a Drought Response Plan between the Town of Silverthorne and Applicant for the operation of their interconnected water distribution systems during drought; f) Aided the Town of Silverthorne in obtaining Well Permit Nos. W-15707-F and W-15706-F from the Office of the State Engineer for Silverthorne Well Nos. 1 and 2 for operation under the plan for augmentation decreed in Case No. 95CW077; g) Conducted a Water Demand\Supply Study to determine Applicant’s raw water supply and demand projections to facilitate future water resources planning decisions; h) Conducted an Irrigated Acreage Return Flow Study to determine return flow factors under Dillon’s plan for augmentation based on increased irrigated area within the Town’s service area; i) Converted the Dillon municipal water treatment plant from conventional to micro filtration; and j) Participated in water court proceedings in order to protect Applicant’s interests in the subject water rights, including legal and engineering fees. 8. If a Claim to Make Absolute, Date Water Applied to Beneficial Use: N/A. 9. Names and addresses of owners of land on which structures are or will be located: A. Town of Dillon Well No. 1, Dillon Valley East Homeowners Association, 1113 Straight Creek Drive (CR 58), P.O. Box 10000, Silverthorne, CO 80498. B. Town of Dillon Well Nos. 2 and 3, Straight Creek Ponds Homeowners Association, c/o John Grieve, Forest Canyon Road (CR 63), P.O. Box 984, Silverthorne, CO 80498. C. Town of Dillon Well No. 4, Dillon Valley District, 390 Straight Creek Drive (CR 58), P.O. Box 669, Dillon, CO 80435. D. Town of Dillon Well No. 5, Archdiocese of Denver, 19 Straight Creek Drive (CR 58), 1300 South Steele Street, Denver, CO 80210. E. Town of Silverthorne Well Nos. 1 and 2, Town of Silverthorne, 264 Brian Avenue, P.O. Box 1309, Silverthorne, CO 80498. F. Dillon Blue River Intake, City and County of Denver, Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80204, Note: Subject to agreement with City and County of Denver. G) Dillon Straight Creek Diversion; Dillon Laskey Gulch Diversion; and OId Dillon Reservoir, United States Forest Service, Rocky Mountain Region, 740 Simms St., Golden, CO 80401, Note: Structures located on USDA Forest Service lands are subject to easement or right of way either owned by Applicant or granted to Applicant by USFS Special Use Permits. 10. EXHIBITS. A map showing the general location of the subject structures is attached as EXHIBIT A. (8 pages) 8. 05CW125 (99CW005 and 86CW330), Summit County, Blue River and Salt Lick Gulch. Town of Dillon, 275 Lake Dillon Drive, P.O. Box 8, Dillon, Colorado 80435, (303) 629-6342. (Steven P. Jeffers, Esq. and Mark D. Detsky, Esq., Bernard, Lyons, Gaddis & ahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Name of Structures: A conditional exchange was previously decreed from the Old Dillon Reservoir to the Dillon Blue River Intake. 3. Description of Conditional Exchange: a) Date of Original Decree: Entered January 5, 1993 in Case No. 86CW330, District Court for Water Division No. 5. b) General Description: Water was decreed for release from Old Dillon Reservoir, up the Blue River from the confluence of Salt Lick Gulch and the Blue River to the Dillon Blue River Intake. c) Decreed Location: i) Old Dillon Reservoir was originally decreed in Civil Action No. 1803 by the District Court for Summit County on March 10, 1952, with an appropriation date of January 9, 1939 for 46 acre feet of storage. Old Dillon Reservoir is located in the SW¼ SE¼ and the SE¼ SW¼ of Section 13, T5S, R68W, of the 6th P.M., Summit County, Colorado. ii) The point of the diversion of the Dillon Blue River Intake was decreed in Case No. 86CW329. The decreed location is within the high waterline of Dillon Reservoir as the Blue River passes through Dillon Reservoir in the S½ SE¼ of Section 7, T5S, R77W or the S½ SW¼ of Section 8, T5S, R77W, or the N½ NE¼ of Section 17, T5S, R77W, or the N½ NE¼ of Section 18, T5S, R77W, all of the 6th P.M., Summit County, Colorado. a) Decreed Appropriation Date: May 6, 1986. b) Decreed Amount: 3.5 cfs and a maximum annual diversion of 250 acre feet, CONDITIONAL. c) Decreed Use: Municipal. 4. Claim for Diligence, including Expenditures: The subject conditional exchange is part of an integrated water system for the Town of Dillon. Applicant claims diligence on the subject conditional exchange and in furtherance thereof, Applicant has expended approximately $361,537.00 during the diligence period on the following activities: a) Conducted maintenance work on the Old Dillon Reservoir dam and the Dillon Ditch and headgate used to fill the reservoir; b) Negotiated with the USDA Forest Service for a special use permit, granted as Permit No. DIL199, which included drafting an environmental assessment for the existing reservoir and proposed enlargement; c) Adjudicated water court cases including: Case No. Case No. 03CW202, for diligence on the decreed augmentation plan and exchanges in Case No. 95CW077 to allow diversion of the conditional water rights using Applicant’s interest in the Clinton Reservoir as an additional augmentation source; and Case No. 03CW36, adjudicating a finding of diligence in the Old Dillon Reservoir First Enlargement Decree; d) Drafted a Drought Response Plan between the Town of Silverthorne and Applicant for the operation of their interconnected water distribution systems during drought; e) Aided the Town of Silverthorne in obtaining Well Permit Nos. W-15707-F and W-15706-F from the Office of the State Engineer for Silverthorne Well Nos. 1 and 2 for operation under the plan for augmentation decreed in Case No. 95CW077; f) Conducted a Water Demand\Supply Study to determine Applicant’s raw water supply and demand projections to facilitate future water resources planning decisions; g) Conducted an Irrigated Acreage Return Flow Study to determine return flow factors under Dillon’s plan for augmentation based on increased irrigated area within the Town’s service area; h) Converted the Dillon municipal JULY 2005 RESUME WATER DIVISION 5 PAGE 4 water treatment plant from conventional to micro filtration; and i) Participated in water court proceedings in order to protect Applicant’s interests in the subject water right, including legal and engineering fees. 5. If a Claim to Make Absolute, Water Applied to Beneficial Use: N/A. 6. Names and addresses of owners of land on which structures are or will be located: A. Old Dillon Reservoir, United States Forest Service, Rocky Mountain Region, 740 Simms St., Golden, CO 80401. Note: Subject to easement or right of way either owned by Applicant or granted to Applicant by USFS Special Use Permits. B. Dillon Blue River Intake, City and County of Denver, Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80204. Note: Subject to agreement with City and County of Denver. (5 pages) 9. 05CW126 (99CW006 and 86CW329), Summit County, Blue River. Town of Dillon, 275 Lake Dillon Drive, P.O. Box 8, Dillon, Colorado 80435, (303) 629-6342 (Steven P. Jeffers, Esq. and Mark D. Detsky, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303)776-9900.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Name of Structures: Dillon Blue River Intake. 3. Description of Conditional Water Right: a) Date of Original Decree: Entered January 5, 1993 in Case No. 86CW329, District Court for Water Division No. 5. b) Decreed Location: The point of the diversion of the Dillon Blue River Intake was decreed in Case No. 86CW329. The decreed location is within the high waterline of Dillon Reservoir as the Blue River passes through Dillon Reservoir in the S½ SE¼ of Section 7, T5S, R77W, or the S½ SW¼ of Section 8, T5S, R77W, or the N½ NE¼ of Section 17, T5S, R77W, or the N½ NE¼ of Section 18, T5S, R77W, all of the 6th P.M., Summit County, Colorado. c) Decreed Source: Blue River. d) Decreed Appropriation Date: December 16, 1986. e) Decreed Amount: 5 cfs, CONDITIONAL. f) Decreed Use: Municipal year-round use within the Town of Dillon. 4. Claim for Diligence, including Expenditures: The subject conditional water right is part of an integrated water system for the Town of Dillon. Applicant claims diligence on the subject conditional water right and in furtherance thereof, Applicant has expended approximately $361,537.00 during the diligence period on the following activities: a) Conducted maintenance work on the Old Dillon Reservoir dam and the Dillon Ditch and headgate used to fill the reservoir; b) Negotiated with the USDA Forest Service for a special use permit, granted as Permit No. DIL199, which included drafting an environmental assessment for the existing reservoir and proposed enlargement; c) Adjudicated water court cases including: Case No. 03CW202, for diligence on the decreed augmentation plan and exchanges in Case No. 95CW077 to allow diversion of the conditional water rights using Applicant’s interest in the Clinton Reservoir as an additional augmentation source; and Case No.03CW36, adjudicating a finding of diligence in the Old Dillon Reservoir First Enlargement Decree; d) Drafted a Drought Response Plan between the Town of Silverthorne and Applicant for the operation of their interconnected water distribution systems during drought; e) Aided the Town of Silverthorne in obtaining Well Permit Nos. W-15707-F and W- 15706-F from the Office of the State Engineer for Silverthorne Well Nos. 1 and 2 for operation under the plan for augmentation decreed in Case No. 95CW077; f) Conducted a Water Demand\Supply Study to determine Applicant’s raw water supply and demand projections to facilitate future water resources planning decisions; g) Conducted an Irrigated Acreage Return Flow Study to determine return flow factors under Dillon’s plan for augmentation based on increased irrigated area within the Town’s service area; h) Converted the Dillon municipal water treatment plant from conventional to micro filtration; and i) Participated in water court proceedings in order to protect Applicant’s interests in the subject water right, including legal and engineering fees. 5. If a Claim to Make Absolute, Water Applied to Beneficial Use: N/A. 6. Names and addresses of owners of land on which structures are or will be located: A. Dillon Blue River Intake, City and County of Denver, Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80204. Note: Subject to agreement with City and County of Denver. (4 pages) 10. 05CW127 Garfield County, Colorado River: Application for Reasonable Diligence. Lislott Jacobson, c/o Caloia, Houpt & Hamilton, P.C., 1204 Grand Avenue, Glenwood Springs. Darnell Place Spring No. 1. Decreed: 96CW058, 7/22/99. Adjacent to Darnell Creek upstream from the Four Creek Ditch in the S1/2, Sec 18, T 3 S, R 87 W, 6th P.M. approx 450 ft from S line and 2,200 ft from the E line of said Sec 18. Source: Spring trib to Darnell Creek, trib to Sweetwater Creek, trib to the Colorado River. Appropriation: 6/1/67 (15 gpm) and 6/6/90 (35 gpm). The Application contains a recitation of activities undertaken toward development of the subject water right. (4 pages) 11. 05CW128 Garfield County; Application for Conditional Underground Water Rights and Approval of Plan for Augmentation; Donald and Janice Nisbet, c/o The Noone Law Firm, P.C., Christina Sloan, 1001 Grand Avenue, Suite 207, Glenwood Springs, CO 81601; CLAIM FOR CONDITIONAL UNDERGROUND WATER RIGHTS; Name of Structure: Nisbet Well No. 1. Legal Description: NW1/4, NW 1/4, Sec. 4, T. 6 S., R. 91 W., 6th P.M., 1050 feet from the North line and 70 feet from the West line of Section 4. Source: Groundwater tributary to the Colorado River. Proposed Depth of Well: 150 feet. Date of Appropriation: August 20, 1960. How Appropriation was Initiated: Drilling of well in 1960 and application to beneficial uses. Date Water Applied to Beneficial Use: August 20, 1960. Amount Claimed: 15 gpm (up to 2.18 acre-feet (AF), annually), conditional. Proposed Use: in-house domestic use for one (1) single family home, livestock watering, and irrigation of up to one (1) acre of pasture. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION; Names of structure to be augmented: Nisbet Well No. 1. Description of Water Rights to be Used for Augmentation: Applicants will utilize water under a water service contract to be entered into with the West Divide Water Conservancy District (WDWCD). Said contract will be for approximately 2.18 AF annually. A description of WDWCD’s water rights is as follows: By Water Service Agreement dated May 12, 1982, between WDWCD and the United States Bureau of Reclamation, WDWCD has the right to call for the release of up to 100 acre-feet per year from Ruedi Reservoir for augmentation and other purposes. The term of this Water Service Agreement extends until September 30, 2019, and may be extended at WDWCD’s option for an additional forty years. Information from previous decree for Ruedi Reservoir: Source: JULY 2005 RESUME WATER DIVISION 5 PAGE 5

Fryingpan River, tributary to the Roaring Fork River, tributary to the Colorado River. Legal Description: In Eagle and Pitkin Counties, in parts of Sections 7, 8, 9, 11, and 14 through 18, of Township 8 South, Range 84 West, 6th P.M. The dam thereof is located in the NW ¼ of Section 18, Township 8 South, Range 84 West, 6th P.M., its exact location being described as follows: The initial point of survey of said dam is on the right abutment thereof at a point whence the Southwest corner of Section 7, Township 8 South, Range 84 West, 6th P.M. bears North 68º58’ at a distance of 426 feet. Adjudication Date: June 20, 1958. Appropriation Date: July 29, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Decreed Amount: 102,369 AF. Decreed Uses: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses consistent with the Operating Principles for the Fryingpan-Arkansas Project. Ruedi Reservoir was authorized to provide replacement water for seniordownstream water rights in Western Colorado when water is diverted to Eastern Colorado through the Fryingpan-Arkansas Project. Additional storage capacity is available for beneficial uses in Western Colorado. By contract dated October 21, 1998, WDWCD and the United States, WDWCD has the right to call for the release of up to 150 acre-feet per year from Green Mountain Reservoir for municipal/domestic uses and 50 acre-feet per year for Category B industrial use. The contract became effective on the date of execution and will remain in effect for a period of 25 years thereafter. The contract may be renewed for an additional term of 25 years upon written request to the Contracting Officer on or before two years prior to the expiration of this contract. Information from previous decree for Green Mountain Dam and Reservoir: Source: Blue River and all tributaries of the Blue River upstream from the dam and Elliot Creek by means of its diversion canal, all of which are within the Colorado River Basin. Legal Description: Located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. Station 0 + 00 on the dam axis bears South 36º31’45” West a distance of 11,165 feet from the SW Corner of Section 1, Township 2 South, Range 80 West, 6th P.M., thence the axis bears North 21º00’00”East. Adjudication Date: October 12, 1955. Appropriation Date: August 1, 1935. Case No.: 2782, 5016, and 5017. Court: United States District Court, District of Colorado. Decreed Amount: 154,645 AF. Decreed Uses: Use in accordance with paragraph 5(a), (b),and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. The Reservoir was authorized to provide replacement water for senior downstream diversion rights in western Colorado when water is diverted to or stored for use in eastern Colorado through the Colorado-Big Thompson Project. Additional capacity was provided for hydroelectric power generation and beneficial uses in western Colorado including irrigation, municipal/domestic, and industrial uses. Information from previous decree for Avalanche Canal and Siphon: Source: Crystal River or Avalanche Creek, or both. Legal Description: Avalanche Canal and Siphon is a conditional water right decreed with two points of diversion: Headgate No. 1, being the initial point of Avalanche Canal and Siphon, is located on the right bank of the Crystal River at a point whence the witness corner at the Southwest Corner of Section 9, Township 10 South, Range 88 West, 6th P.M. bears North 03º09’ West 546 feet, said point being at the outlet of the Osgood Reservoir. Headgate No. 2, being the second point of diversion of said Avalanche Canal and Siphon, is located on the Right bank of Avalanche Creek at a point whence the West Quarter Corner of Section 28, Township 9 South, Range 88 West, 6th P.M. bears North 67º15’ West, a distance of 4538.1 feet. Adjudication Date: June 20, 1958. Appropriation Date: April 22, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Decreed Amount: 830 cubic cfs, conditional. Decreed Uses: Generation of electrical energy, domestic and municipal, industrial, irrigation and stockwatering. Statement of Plan for Augmentation: Applicant seeks approval of plan for augmentation to replace out of priority in- house domestic use, irrigation, and livestock watering associated with the diversions made through the Nisbet Well No. 1. The total annual depletion is estimated to be 2.08 AF, with a 5.0% transit loss, for a total of 2.18 AF per year. Operation of plan: Water will be diverted through the Nisbet Well No. 1 directly for uses described above. To the extent that diversions and associated depletions to the stream are out-of-priority, they will be augmented to prevent injury as described below. Water Demands and Depletions: Irrigation. Irrigation of up to one (1) acre of pasture will consumptively use two (2) AF per year, based upon the Blaney-Criddle Method with Pochop adjustments. Livestock Watering: Livestock watering may occur for up to two (2) animals. Assuming two (2) animals each consuming approximately 11 gallons per head per day, total estimated annual livestock consumption will equal 0.02 AF. Lagged Depletions. Diversions through Nisbet Well No 1 will result in depletions estimated to be 0.17 AF per month, lagged evenly throughout the year. This analysis assumes a distance between the well and the Colorado River being 2,435 feet, a no-flow boundary located at a distance of 3,145 feet from the Colorado River, and a calculated aquifer transmissivity of 2700 gpd/ft. Augmentation Releases: Out-of-priority stream depletions will be augmented by releases of WCWCD contract water from either Ruedi Reservoir, Green Mountain Reservoir, or the Avalanche Canal and Syphon as necessary to satisfy any downstream calls. WDWCD will release water pursuant to the direction of the Division Engineer or Water Commissioner. (17 pages) 12. 05CW129 RIO BLACO COUNTY-TRAIL CANYON TRIBUTARY TO E. DOUGLAS CREEK TRIBUTARY TO DOUGLAS CREEK TRIBUTARY TO THE WHITE RIVER. Trail Canyon Ranch c/o Jayne Kuck; P.O. Box 903; 1500 RBC Rd. 120; Rangely, CO 81648 (970)675-3033. Kellan Spring, Trail Canyon Spring, Nichols Spring & James Spring-Application for Water Rights (Surface). Location for all structures: T.4S, R.101W. Kellan Spring- SW¼NE¼ of Sec. 21, 1,460 ft. from the north sec. line and 1,450 ft. from the east line; Trail Canyon Spring- NE¼NE¼ of Sec. 21, 850 ft. from the north sec. line and 650 ft. from the east line; Nichols Spring- NW¼SE¼ of Sec. 21, 3,350 ft. from the north sec. line and 2,300 ft. from the east line; James Spring- NW¼NW¼ of Sec. 22, 500 ft. from the north line and 130 ft. from the east line. Date of Appropriation for all structures: June 1, 1991. JULY 2005 RESUME WATER DIVISION 5 PAGE 6

Use: Kellan Spring, Trail Canyon Spring & James Spring-livestock and wildlife water; Nichols Spring-livestock and wildlife water, in- house domestic use. Amount for all structures: 0.033 cfs, absolute. 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 and BLM, 73544 Hwy. 64, Meeker, CO 81641. (4 pages) 13. 05CW130 APPLICATION FOR FINDING OF REASONABLE DILIGENCE CONCERNING THE APPLICATION FOR A FINDING OF REASONABLE DILIGENCE OF THE TOWN OF MINTURN, IN EAGLE COUNTY. Applicant, the Town of Minturn (“Applicant” or “Minturn”), through its attorneys Holland & Hart LLP, requests a finding of reasonable diligence on the conditional water right adjudicated in Case No. 96CW324 (Water Div. 5) pursuant to Colo. Rev. Stat. § 37-92-301(4). As grounds for this request, Applicant states as follows: 1. Name, address, and telephone number of Applicant: Town of Minturn, P.O. Box 309, 302 Pine Street, Minturn, CO 81645, Attn: Ann Capela, Town Manager, (970) 827-5645. Please direct all correspondence to Anne J. Castle, Leah A. Kukowski, Holland & Hart, LLP, 555 Seventeenth Street, Suite 3200, P.O. Box 8749, Denver, CO 80201-8749 (303) 295-8000. 2. Name of Structure: Bolts Lake. 3. Description of Conditional Water Right (“Bolts Lake Water Right”): A. Legal Description: i. Location of dam: Bolts Lake is located in Homestead Entry Survey No. 40, Homestead Entry No. 021, containing a portion of the W½ of Section 1, and the E½ of Section 2, Township 6 South, Range 81 West of the 6th P.M., Eagle County, Colorado, and in Homestead Entry Survey No. 41, Homestead Entry No. 022, containing a portion of the SW ¼ of Section 1, S½ of Section 2, N½ of Section 11, and NW¼ of Section 12, Township 6 South, Range 81 West of the 6th P.M., Eagle County, Colorado. All sections and portions of sections are projected, as this area is unsurveyed. ii. Legal description of point of diversion: Two alternate points of diversion for the filling of Bolts Lake are as follows: Bolts Ditch Headgate: An existing ditch located at a point on the west bank of Cross Creek from whence the SW corner of Section 35, Township 5 South, Range 81 West of the 6th P.M. bears North 28° West 6,350 feet, as shown on the Minturn Quadrangle, U.S.G.S. 7.5 Minute Series. Minturn Municipal Headgate: An existing intake on the west bank of Cross Creek from whence the section corner common to Sections 35 and 36 of Township 5 South, Range 81 West of the 6th P.M. Eagle County, Colorado, bears North 38° 43’ 20” East 2531.38 feet. B. Source: Cross Creek. C. Appropriation of Water Right: i. Date of appropriation: September 14, 1995. ii. Date of original adjudication: July 28, 1999 (Case No. 96CW324 (Water Div. 5)). D. Amount: i. Capacity of Reservoir: 320 acre feet, conditional. ii. Rate of diversion for filling the reservoir: 30.0 c.f.s., conditional. E. Use of Water: Domestic, irrigation, fire protection, stock watering, commercial, industrial, municipal, power, recreation, fish and wildlife, and all other purposes related to the provision of a water supply within the now existing and future service area of the Town of Minturn, for all beneficial uses by and for the benefit of the Town or other Bolts Lake Project participants, and for reuse, successive use, right of disposition, substitution, exchange, and augmentation purposes. F. Physical Description of Reservoir: i. Surface area of high water line: 22 acres. ii. Maximum height of dam in feet: 30 feet. iii. Length of dam in feet: 485 feet. G. Reservoir Capacity: i. Total capacity: 320 acre feet. ii. Active capacity: 316 acre feet. iii. Dead storage: 4 acre feet. 4. Detailed outline of what has been done toward completion of the appropriation and application of the water to a beneficial use as conditionally decreed, including expenditures: Background. Bolts Lake is an existing structure that had, until approximately 1994, an active capacity of 100 acre feet. Pursuant to an Order issued in 1994 by the Colorado State Engineer, the existing dam was breached and the Lake does not currently have any active capacity. Minturn intends to rehabilitate the dam to provide Bolts Lake with active capacity of 320 acre feet and to integrate its storage capacity into the Town of Minturn municipal water supply system. The Minturn Town Council adopted Resolution No. 2, Series 1996, dated January 25, 1996, which authorizes the acquisition of the property on which Bolts Lake is located, either by purchase or pursuant to Minturn’s eminent domain powers. As a part of integrating Bolts Lake into the municipal water supply system, Applicant obtained a conditional storage water right, the Bolts Lake Water Right described above in paragraph 3, that is the subject of this application for a finding of reasonable diligence. In order to complete the appropriation of the Bolts Lake Water Right and apply it to beneficial use, Applicant must obtain a legal right to make use of Bolts Lake and rehabilitate the Bolts Lake dam impoundment to allow for storage in that structure. As a municipal water provider, Minturn originally sought, and continues to pursue, the development of, the Bolts Lake Water Right in order to meet Minturn’s anticipated future municipal water requirements. Since the adjudication of the Bolts Lake Water Right, Applicant has undertaken efforts to update population projections then relied on for determining the extent and timing of the need for additional municipal water storage. Population projections prepared in 1998 identified population levels that would require Minturn to incorporate additional storage capacity into its water supply system prior to Minturn reaching full build-out. These population projections have recently been updated and reflect a significant increase in Minturn’s estimated total population at full build-out. Therefore, it is likely that Minturn will require the storage and use of Bolts Lake to meet water supply demands to meet its growing population sooner than originally anticipated. In order to meet the projected water demands of its growing population, Applicant has accelerated its ongoing efforts to obtain access to Bolts Lake and to rehabilitate and enlarge the Bolts Lake dam impoundment. Applicant’s efforts during the diligence period include the following: A. Applicant entered into and maintained an Amended Memorandum of Understanding between the Town of Minturn and the Colorado River Water Conservation District (“CRWCD”), dated December 4th, 1996 and effective through December 4th, 2001. This MOU provided for the CRWCD’s participation with Minturn in the development of the Bolts Lake Project by providing financial and technical assistance, as well as for CRWCD’s possible acquisition of some storage capacity and/or augmentation water supply from Bolts Lake. B. In September 1999, Applicant investigated and obtained information, including laboratory sampling results, from the Environmental Protection Agency and the Colorado Department of Public Health and Environment regarding the water and soil quality associated with the Bolts Lake property to ensure that water stored for municipal and augmentation purposes would be of sufficient quality to allow such uses. C. Through 2000, Applicant took action to maintain its loan authorization for a construction loan from the Colorado Water Conservation Board (HB 96-153) for the Bolts Lakes rehabilitation project for the rehabilitation and enlargement of the Bolts Lake impoundment. D. From 2003 through early 2005, Applicant held several discussions with representatives of Eagle County and the CRWCD concerning the joint development of, and storage in, Bolts Lake. Discussions JULY 2005 RESUME WATER DIVISION 5 PAGE 7 with Eagle County involved the development of a conceptual outline and drafts of a Bolts Lake Project Agreement that addressed project feasibility, engineering, land acquisition, cost sharing, and storage allocation. E. Throughout the diligence period and continuing to the present, Applicant has diligently pursued discussions and negotiations with past owners, prospective purchasers, and the present owner of the Bolts Lake property, in an effort to acquire a legal right to use Bolts Lake for storage and release of the Bolts Lake Water Right. These discussions have included in-depth negotiations with Mortgage Investment Company (former owner, 1999), the ICON group (prospective purchaser, 2004), and Ginn Development (present owner, 2005). F. In 2005, Applicant engaged Martin & Wood Water Engineers to prepare a Town of Minturn Water Supply Master Plan which will, among other things, update and determine the amount of water demand required by Minturn at full build out projections and the timing of the need for additional water storage, the amount of storage required, and the use of Bolts Lake for such storage purposes. G. Applicant filed a statement of opposition to the application filed by the City of Colorado Springs and the City of Aurora in Case No. 95CW272 (Water Div. 5). In June 2002, Minturn entered into a stipulation in Case No. 95CW272 that provided for the protection of Minturn’s decreed water rights, including the Bolts Lake Water Right. H. Applicant’s attorneys have monitored the resume for Water Division 5 in order to determine whether it is necessary to file any statements of opposition to water court applications to protect this conditional water right. I. While difficult to quantify, Applicant’s expenditures and costs associated with the development and protection of the Bolts Lake Water Right during the diligence period are estimated to exceed $ 30,000. WHEREFORE, Applicant respectfully requests that the Court find and order that the conditional water right for Bolts Lake, as described in paragraph 3 above, be continued in full force and effect. (6 pages) 14. 05CW131 (98CW261) Garfield County - Three Mile Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Application for Finding of Reasonable Diligence and To Make Water Right Absolute. Dr. G. Thomas Morton, Raymond A. and Margaret D. Morgan, Catherine I. Lucas c/o Scott Balcomb and Anne Marie McPhee, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Name of structure: Hughes Garden Ditch, Third Enlargement. Date of Original Decree: 07/07/1999, Case No. 98CW261, Dist. Ct., Water Div. No. 5, Colorado. Legal Description: The headgate is located on the south bank of Three Mile Creek in Garfield County, CO at a point whence the corner of Sections 21, 22, 27 and 28, T. 6 S., R. 89 W. of the 6th P.M. bears N. 41 degrees 20' E. 1531.8 ft. Appropriation date: 12/29/1998. Amt.:0.18 c.f.s., conditional. Use: Lawn and garden irrigation associated with three domestic residences. In the diligence period preceding the filing of this Application, Applicants have diligently pursued development of the subject conditional water rights and placed the subject water right to beneficial use for irrigation associated with Applicants’ domestic residences. Name and address of owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicants. (3 pages) 15. 05CW132 (98CW308) Summit County - Ten Mile Creek, tributary of Blue River. Application for Finding of Reasonable Diligence. Copper Mountain, Inc. c/o Scott M. Balcomb and Anne Marie McPhee, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Name of structure: Tenmile Creek Pipeline, First Enlargement. Date of Original Decree: 07/26/1999, Case No. 98CW308, Dist. Ct., Water Division No. 5, Colorado. Legal Description: The pipeline is located in the NE1/4NW1/4, Sec. 32, T. 6 S., R. 78 W. of the 6th P.M., at a point whence the NW corner of said Sec. 32 bears N. 87 degrees 0' W. a distance of 2,220 ft. Appropriation date: 09/30/1998. Amount: A total of 7.5 cfs, of which 6.1 cfs is conditional and 1.4 cfs is absolute, as decreed in Case No. 98CW308. Use: Snowmaking. The Tenmile Creek Pipeline, First Enlargement is part of an integrated water supply for Applicant’s service area. In the diligence period preceding the filing of this Application, Applicant has diligently pursued development of the subject conditional water right and the Applicant’s other conditional rights. The application on file with he Court contains a detailed outline of the work performed during the diligence period. Name and address of owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant and United States of America, on behalf of USDA Forest Service, c/o Polly Hays, Water Program Manager, P.O. Box 25127, Lakewood, CO 80225. (5 pages) 16. 05CW133 GARFIELD COUNTY, WEST COULTER CREEK. The Estate of Rufus Merrill Laurence, Susan Margo Hertel, Personal Representative, c/o Mark E. Hamilton, Esq., CALOIA, HOUPT & HAMILTON, P.C., 1204 Grand Avenue, Glenwood Springs, CO 81601, (970) 945-6067, [email protected]. Application for Findings of Reasonable Diligence. Names of structures: Hunter Spring, Little Buck Spring, Indian Spring and Red Gate Spring.. Previous Decree: Case No. 98CW219, District Court in and for Water Division No. 5, entered on July 7, 1999. Descriptions of conditional water rights from original decree: Hunter Spring: Legal Description: Sec. 17, T. 6 S., R. 87 W. of the 6th P.M., at a point 4600 ft from the E. Sec. Line and 1975 feet from the S. Sec. Line of said Sec. 17; Source: West Coulter Creek, trib. to Coulter Creek, trib. to Cattle Creek, trib. to the Roaring Fork River; Approp. date: 1992. Amount: 1.0. c.f.s., cond.; Uses: domestic, livestock watering and irrigation. Little Buck Spring: Legal Description: Sec. 20, T. 6 S., R. 87 W. of the 6th P.M., at a point 1650 ft from the E. Sec. Line and 1650 ft from the S. Sec. Line of said Sec. 20; Source: West Coulter Creek, trib. to Coulter Creek, trib. to Cattle Creek, trib. to the Roaring Fork River; Approp. date: 1992; Amount: 15 g.p.m. (0.033 c.f.s.), cond.; Uses: domestic, livestock watering and irrigation. Indian Spring: Legal Description: Sec. 20, T. 6 S., R. 87 W. of the 6th P.M., at a point 2575 ft from the E. Sec. Line and 475 ft from the S. Sec. Line of said Sec. 20; Source: West Coulter Creek, trib. to Coulter Creek, trib. to Cattle Creek, trib. to the Roaring Fork River; Approp. date: 1992; Amount: 15 g.p.m. (0.033 c.f.s.), cond.; Uses: domestic, livestock watering and irrigation. Red Gate Spring: Legal Description: Sec. 29, T. 6 S., R. 87 W. of the 6th P.M., at a point 1700 ft from the E. Sec. Line and 1175 feet from the N. Sec. Line of said Sec. 29; Source: West Coulter Creek, trib. to Coulter Creek, trib. to Cattle Creek, trib. to the Roaring Fork River; Approp. date: 1992; Amount: 15 g.p.m. (0.033 c.f.s.), cond. Uses: domestic, livestock watering and irrigation. An outline of activities during the diligence period is included in the application. (4 pages). JULY 2005 RESUME WATER DIVISION 5 PAGE 8

17. 05CW134 GARFIELD COUNTY, ROARING FORK RIVER. Application for Finding of Reasonable Diligence. Westbank Mesa Homeowners Association, Inc., c/o Mark E. Hamilton, Esq., CALOIA, HOUPT & HAMILTON, P.C., 1204 Grand Avenue, Glenwood Springs, CO 81601. Name of structure: Westbank Ranch No. 1, Ltd., Well No. 3. Previous decree information: 11/11/78, Case No. W-3691, Water Div. 5. Location: SW¼SE¼ of Sec. 35, T. 6 S, R. 89 W., 6th P.M., 1,017 ft N. of the S. Sec Line and 1,326 ft W. of the E. Sec Line. Source: groundwater tributary to the Roaring Fork River. Approp. date: 4/11/76. Amount: 0.033 c.f.s. conditional. Uses: domestic and commercial. A detailed outline of activity during the diligence period is included in the application. (3 pages) 18. 05CW135 APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF SNOWMAKING CONSUMPTIVE USE OF THE TOWN OF FRISCO IN SUMMIT COUNTY. c/o Timothy D. Mack, Director of Public Works, P.O. Box 4100, Frisco, Colorado 80443, (970) 668-5276. Please direct all correspondence to David L. Harrison and Gabriel D. Carter, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, Colorado 80306. 2. Decreed names of structures for which change sought: a. Frisco Town Ditch; and b. Frisco Well No. 7. 3. Previous decrees: a. The Frisco Town Ditch water right originally was decreed for diversion from Tenmile Creek on March 2, 1910 in Civil Action No. 1277, District Court of Summit County, State of Colorado, in the amount of 7.934 cfs, absolute, for domestic and municipal purposes, with an appropriation date of June 23, 1904. b. On October 11, 1954 in Civil Action No. 1970, said District Court decreed a change of 4.0 cfs of the Frisco Town Ditch water right to a new point of diversion on North Tenmile Creek. On December 15, 1981 in Case No. 81CW035, the District Court for Water Division No. 5, State of Colorado (“Water Court”), decreed a change of said 4.0 cfs of the Frisco Town Ditch water right to the present location on the north bank of North Tenmile Creek in the SE1/4 of the NE1/4 of Section 33, Township 5 South, Range 78 West of the 6th P.M., Summit County, Colorado, at a point whence the north quarter corner of Section 34 bears North 65°27' East, a distance of 3,609 feet. c. The Water Court decreed changes of the remaining 3.934 cfs of the Frisco Town Ditch water right as follows: i. On August 9, 1973 in Case No. W-1790, 0.35 cfs was transferred to Frisco Well No. 1, 0.44 cfs was transferred to Frisco Well No. 2, and 0.89 cfs was transferred to Frisco Well No. 3, for a total of 1.68 cfs transferred to said wells. ii. On July 18, 1979 in Case No. W-1790-78, 1.07 cfs was transferred to Frisco Well No. 4. iii. On December 16, 1981 in Case No. 81CW115, 1.184 cfs was transferred to Frisco Well No. 5, which diverts groundwater tributary to Meadow Creek, which is tributary to Lake Dillon. d. A plan for augmentation including exchange for the entire 7.934 cfs of the Frisco Town Ditch water right was decreed by the Water Court on February 6, 1995 in Case No. 87CW198. Said augmentation plan decree authorized Frisco’s existing and future diversion points thereunder for municipal use of both the Frisco Town Ditch water right and Frisco’s share of Future Dillon Reservoir Water pursuant to the Summit County and Clinton Reservoir Agreements. e. On September 24, 1997 in Case No. 95CW141, the Water Court decreed Frisco Well Nos. 6 and 7 as alternate points of diversion for Frisco Well Nos. 1 (0.35 cfs) and 2 (0.44 cfs) under the 87CW198 augmentation plan. Frisco Well No. 6 diverts groundwater tributary to Meadow Creek, which is tributary to Lake Dillon; and Frisco Well No. 7 diverts groundwater that is directly tributary to Lake Dillon from a location in the SW1/4 of the NW1/4 of Section 36, Township 5 South, Range 78 West of the 6th P.M., Summit County, Colorado. Well Permit No. 045453-F has been issued for Frisco Well No. 7 which, consistent with the 95CW141 decree, limits the maximum pumping rate to 190 gpm and the annual diversion amount to 18 acre-feet for irrigation of 10.2 acres. f. On October 25, 1999 in Case No. 98CW229, the Water Court decreed Frisco Well No. 5 as an alternate point of diversion for an additional 0.6 cfs of the 4.0 cfs interest in the Frisco Town Ditch water right decreed for diversion from North Tenmile Creek, as described in paragraph 3.b. above, for a total of 1.784 cfs that may be diverted through Frisco Well No. 5. g. On September 27, 2000 in Case No. 99CW228, the Water Court decreed Frisco Well No. 6 as an alternate point of diversion for an additional 0.99 cfs of the 4.0 cfs interest in the Frisco Town Ditch water right decreed for diversion from North Tenmile Creek, as described in paragraph 3.b. above, for a total of 1.78 cfs that may be diverted through Frisco Well No. 6. 4. Appropriation date: Frisco Well No. 7 is an alternate diversion point that operates under the June 23, 1904 priority of the Frisco Town Ditch water right, as described above. 5. Historic use: The decreed water rights for the Frisco Town Ditch and Frisco Well No. 7 historically have been used for domestic and municipal purposes, including irrigation, within the Town of Frisco and associated service areas. Attached hereto as Appendix A is a tabulation showing the various diversion points for the Frisco Town Ditch water right, the amounts divertible at each such point and the decrees authorizing such diversions. Attached hereto as Appendix B is a map depicting Frisco’s respective diversion points under the 87CW198 augmentation plan decree. Paragraph 19 of the 87CW198 decree contemplates that Frisco may seek additional diversion capacity through its wells and/or replacement of existing diversion facilities, and that Frisco is entitled to use such added or replacement facilities as alternate points of diversion for the Frisco Town Ditch water right or to divert Frisco’s Future Dillon Reservoir Water under the augmentation plan. The decrees entered in Case Nos. 98CW229 and 99CW228, as described above, added such diversion capacity to Frisco Well Nos. 5 and 6; likewise, this application seeks to add additional diversion capacity to Frisco Well No. 7 for diversion of the Frisco Town Ditch water right and Frisco’s Future Dillon Reservoir Water. Paragraph 19 of the 87CW198 decree provides that Areplacement of existing facilities or addition of other facilities will not require a showing of actual historic use, so long as future operations are governed by [the 87CW198] decree, and total diversions under the [Frisco] Town Ditch water right are limited to 7.934 cfs.@ Paragraph 17 of the 87CW198 decree limits Frisco’s use of the Future Dillon Reservoir Water under the Summit County and Clinton Reservoir Agreements to 100 acre-feet of consumptive use per year. 6. Proposed changes: Frisco seeks a decree herein approving the following claims: a. Removal of the pumping (190 gpm), volumetric (18 acre-feet per year) and irrigated area (10.2 acres) limits imposed on Frisco Well No. 7 by the 95CW141 decree, making operation of the well for all municipal purposes subject to the terms and JULY 2005 RESUME WATER DIVISION 5 PAGE 9 conditions of the 87CW198 augmentation plan decree without said limits. b. Operation of Frisco Well No. 7 as an alternate point of diversion under the 87CW198 augmentation plan decree for an additional 0.66 cfs of the 4.0 cfs interest in the Frisco Town Ditch water right decreed for diversion from North Tenmile Creek, as described in paragraph 3.b. above. Pursuant to this claim, Frisco Well No. 7 will be able to divert up to a total of 1.45 cfs under the Frisco Town Ditch water right, which is the sum of the amount decreed in Case No. 95CW141 when Frisco Well No. 7 is operating as an alternate diversion point for Frisco Well Nos. 1 and 2 (0.79 cfs) and the additional amount to be decreed herein (0.66 cfs). c. The right to re-drill and increase the permitted depth and capacity of Frisco Well No. 7. Frisco intends to re-drill Well No. 7 at its present location, and to increase its permitted depth from 119 feet to approximately 250 feet and its permitted capacity from 190 gpm to approximately 650 gpm (1.45 cfs). Frisco will obtain a well permit from the State Engineer’s office to authorize the increased pumping capacity of Frisco Well No. 7 for diversion of the Frisco Town Ditch water right and Frisco’s Future Dillon Reservoir Water pursuant to the 87CW198 augmentation plan decree. d. Clarify the decreed location of Frisco Well No. 7 at its actual location as constructed in the SW1/4 of the NW1/4 of Section 36, Township 5 South, Range 78 West of the 6th P.M., Summit County, Colorado, at a point 1,000 feet east of the west section line and 1,500 feet south of the north section line of said Section 36. This is the same physical location as that presently permitted for Frisco Well No. 7. 7. Snowmaking consumptive use: Frisco also seeks a decree herein approving the following claim: a. Under the 87CW198 augmentation plan, Frisco Well Nos. 5, 6 and 7 are decreed as alternate diversion points for use of the Frisco Town Ditch water right and Frisco’s Future Dillon Reservoir Water for all municipal purposes. Frisco intends to begin diverting such water, including, in part, through Frisco Well No. 7, for all municipal purposes, including but not limited to snowmaking use at the Frisco Nordic Center. Frisco Well No. 7 and the Nordic Center are both located on the peninsula of land that extends into Lake Dillon. See Appendix B (depicting locations of well and center). Frisco will divert water for snowmaking use through Frisco’s municipal system, by diversion of the Frisco Town Ditch water right and/or Frisco’s Future Dillon Reservoir Water through Frisco Well Nos. 5, 6 and/or 7 pursuant to the 87CW198 augmentation plan decree. Frisco proposes to separately meter and account for all diversions for such snowmaking use and, consistent with the Clinton Reservoir Agreement, to apply a 20% consumptive use factor to such diversions. Frisco recognizes its obligation to replace any depletions to Denver when diverting Future Dillon Reservoir Water for municipal and snowmaking use hereunder in accordance with the Summit County and Clinton Reservoir Agreements. Consistent with the Summit County and Clinton Reservoir Agreements, Frisco claims no right to re-divert, reuse or recapture any return flows from use of Future Dillon Reservoir Water hereunder; Frisco will take no credit for such return flows other than credit taken to calculate the amount of replacement water to which Denver is entitled pursuant to said agreements. Frisco and Denver are presently negotiating an agreement to implement the use of Frisco’s 100 acre-feet of consumptive use Future Dillon Reservoir Water pursuant to the Summit County and Clinton Reservoir Agreements, and said agreement with Denver will be executed prior to entry of decree herein. 8. Proposed terms and conditions: a. Frisco acknowledges the need to comply with the October 25, 1988 Agreement and related Stipulation with the Colorado Water Conservation Board (“CWCB”) regarding impacts to the CWCB’s decreed instream flow (“ISF”) water rights on Tenmile and North Tenmile Creeks from operation of Frisco’s municipal system. Paragraph 14 of the 87CW198 decree states that Frisco may divert its Future Dillon Reservoir Water Afrom Dillon Reservoir or from sources of water directly tributary to Dillon Reservoir which will not affect any other water rights, specifically including the [CWCB’s] instream flow right on Tenmile Creek.@ Paragraph 19 of the 87CW198 decree further provides that the replacement or added diversion facilities requested herein may be used as alternate diversion points for the Frisco Town Ditch water right so long as such facilities are not located in the proximity of Tenmile or North Tenmile Creeks and would cause an increase in depletions to the CWCB’s instream flow rights beyond the levels contemplated in the 1988 agreement and stipulation. This application is in conformance with the 87CW198 decree and will not result in additional depletions to the ISF contrary to the 1988 agreement and stipulation. The requested additional diversion capacity at Frisco Well No. 7 under the Frisco Town Ditch water right and Frisco’s Future Dillon Reservoir Water will have an effect on Dillon Reservoir, but will not deplete Tenmile or North Tenmile Creeks. Similarly, diversions through Frisco Well Nos. 5 and/or 6 will have an effect on the Meadow Creek drainage, which is tributary to Lake Dillon, but will not deplete Tenmile or North Tenmile Creeks. b. Frisco is not seeking to change or increase the total amount diverted under the Frisco Town Ditch water right, nor the type, place or time of use thereunder. c. Frisco’s use of the Future Dillon Reservoir Water shall be limited to not more than 100 acre-feet per year of consumptive use in accordance with the 87CW198 augmentation plan decree and the pending agreement with Denver. d. Paragraph 20 of the 87CW198 decree provides that so long as Frisco’s plan for augmentation is operated in conformance with the requirements of said decree and certain agreements between Frisco and other water users, no injurious effects will occur. The changes sought herein will be operated in conformance with the terms and conditions of the 87CW198 augmentation plan and relevant agreements, and total diversions under the Frisco Town Ditch water right will not exceed 7.934 cfs on an instantaneous basis from Frisco’s various alternate points of diversion. e. Paragraph 17 of the 87CW198 augmentation plan decree contemplates that prior to reaching its ultimate water demands, Frisco may seek, as requested herein, to begin using a portion of its available diversions under both the Frisco Town Ditch water right and the Future Dillon Reservoir water, with the Aportion of diversions attributed to each aspect of operations [to] be determined administratively by the Division Engineer after consultation with Frisco and Denver.@ Operation of Frisco’s municipal system hereunder and under the 87CW198 decree will be in accordance with accounting provisions and forms approved by the Division Engineer after consultation with Frisco and Denver. f. Frisco does not request any changes to the terms and conditions of the 87CW198 decree. Any decree entered herein will be supplemental to the augmentation plan. 9. Names and addresses of owners of land: The diversion points for Frisco=s municipal system are all located on lands owned by the Town of JULY 2005 RESUME WATER DIVISION 5 PAGE 10

Frisco. Water diverted hereunder will be used within the Town of Frisco and associated service areas, and may be used extraterritorially outside of Frisco’s service areas pursuant to contract, agreement or other arrangement. (10 pages including appendices) 19. 05CW136 APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF ENCANA OIL & GAS (USA) INC. IN GARFIELD COUNTY. c/o Michael Rynearson, P.E., 370 17th Street, Suite 1700, Denver, Colorado 80202. Please direct all correspondence to James R. Montgomery, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, Colorado 80306. 2. Name of Structure: Grand Junction – Colorado River Pipeline. 3. Description of Conditional Water Right: a. Original Decree: July 21, 1959 in Civil Action No. 8303, Mesa County District Court. b. Related Decrees: A decree entered February 23, 1978 in Case No. W-2915, District Court, Water Division No. 5, changed the point of diversion of 20.0 cfs of the Grand Junction – Colorado River Pipeline, including the 5.0 cfs which is the subject of this application. That 5.0 cfs is referred to as “the conditional water right.” A decree entered May 5, 1983 in Case No. 81CW360, District Court, Water Division No. 5, changed the conditional water right to add an alternate point of diversion at Union Oil Company of California’s (“Unocal”) existing Colorado River Intake Facility for the Pumping Pipeline of Unocal, which is the decreed point of diversion for several other absolute and conditional water rights; in addition, the conditional water right was changed to domestic, municipal, industrial, and related uses, including storage. c. Prior Diligence Decrees: Decrees entered on September 26, 1986 in Case No. 86CW116, District Court, Water Division No. 5, on January 12, 1993 in Case No. 92CW232, District Court, Water Division No. 5, and on July 19, 1999 in Case No. 99CW011, District Court, Water Division No. 5 continued the conditional water right in full force and effect. d. Legal description of decreed points of diversion: The conditional water right was originally decreed at a point whence the SE corner of Section 2, Township 11 South, Range 98 West of the 6th P.M. bears South 56º 15' West 7,051.80 feet. The decree entered in Case No. W-2915, District Court, Water Division No. 5, changed the conditional water right to a point whence the North Quarter Corner of Section 21, Township 6 South, Range 93 West of the 6th P.M. bears South 79º 05' East 4,071.9 feet. The decree entered May 5, 1983 in Case No. 81CW360, District Court, Water Division No. 5, approved an alternate point of diversion for the conditional water right at the decreed point of diversion for the existing Colorado River Intake Facility for the Pumping Pipeline of Unocal, located at a point whence the section corner common to Sections 6 and 7, Township 7 South, Range 95 West of the 6th P.M., and Sections 1 and 12, Township 7 South, Range 96 West of the 6th P.M. bears South 89º 05' West 3,364.65 feet. e. Source: Colorado River. f. Appropriation date: February 17, 1947. g. Amount: 5.0 cfs, conditional. h. Use: The decree entered May 5, 1983 in Case No. 81CW360, District Court, Water Division No. 5, changed the use of the conditional water right to domestic, municipal, industrial, and related uses, including storage. 4. A detailed outline of work and expenditures toward completion of the appropriation and application of the water to beneficial use is contained in the application. Based on the foregoing, EnCana requests the Court to enter a decree granting this application, finding that EnCana and its predecessor-in-interest, Unocal, have exercised reasonable diligence in developing and completing the appropriation of this 5.0 cfs conditional water right during the subject diligence period, and continuing the conditional decree and the conditional water right in full force and effect for six years from the month in which a final decree is entered in this case. ( 6 pages) 20. 05CW137 PITKIN COUNTY. ROARING FORK RIVER. Roaring Fork Club, L.P., c/o Scott. C. Miller, Esq., Patrick, Miller & Kropf, P.C., 730 East Durant Avenue, Suite 200, Aspen, CO 81611. (970) 920-1028. APPLICATION TO MAKE ABSOLUTE. Name of structure: RFC Appropriative Exchange. Description of conditional water right: Date of original Decree: November 18, 1999. Case No. 96CW55. District Court, Water Division No. 5. Legal description: The exchange is decreed for three segments of the Roaring Fork River. The first reach, covering irrigation and other decreed uses, is from the headgates of the structures decreed in Case No. 95CW356 to the confluence of the Frying Pan River. The second reach, covering all potable uses and irrigation, is from the point of impact of the well structures decreed in Case No. 95CW357, to the discharge point for treated effluent from Basalt Sanitation District. The third reach, covering pond evaporation, is from the point of impact of the pond structures decreed in Case No. 95CW356 to the confluence of the Frying Pan River. Source: Roaring Fork River. Appropriation Date: December 11, 1995. Amount First Exchange Reach: 1.8 cfs. Amount Second Exchange Reach: 0.07 cfs. Amount Third Exchange Reach: 0.07 cfs. Use: For exchange purposes to provide supply to downstream senior appropriations and allow upstream out-of-priority diversions by applicant. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures: Applicant completed construction of a golf course and residential development during the intervening diligence period. The subject exchange water right is part of an integrated water supply system servicing the entire development project. The water supply system became fully operational in the summer of 1998. Applicant expended millions of dollars constructing the development for which the subject water appropriation was made to serve. If claim to make absolute Water applied to beneficial use: Date: May 1, 1998. Amount First Exchange Reach: 1.8 cfs. Amount Second Exchange Reach: 0.07 cfs. Amount Third Exchange Reach: 0.07 cfs. Use: Exchange. Description of place of use where water is applied to beneficial use: Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. Name(s) and address(es) of owner(s) of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Applicant. Remarks: Pursuant to the Decree in Case No. 96CW55, an application for Diligence or to Make Absolute was due to be filed in November of 2005. However, in companion Case No. 95CW356 adjudicating additional integrated water rights for the development project, the Decree stated that a Diligence or Absolute Application be filed in July, 2005. Therefore, since the water rights from both cases are part of an integrated water supply system, Applicant files this Application at the same time as the filing for Case No. 95CW356 for judicial efficiency. (4 pages) JULY 2005 RESUME WATER DIVISION 5 PAGE 11

21. 05CW138 PITKIN COUNTY. ROARING FORK RIVER ALLUVIUM. Roaring Fork Club, L.P., c/o Scott C. Miller, Esq., Patrick, Miller & Kropf, P.C., 730 East Durant Avenue, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION TO MAKE ABSOLUTE. Name of structures: RFC Well No. 1; RFC Well No. 2; RFC Well No. 3; RFC Well No. 4; RFC Well No. 5; RFC Well No. 6; and RFC Well No. 7. Description of conditional water right: RFC Well No. 1: Date of original Decree: November 18, 1999. Case No. 95CW357. District Court, Water Division No. 5. Legal description: A well located in the SW ¼, NE ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 2,640 feet from the North line and 1,980 feet from the East line of said Section 17, in Pitkin County. Source: Roaring Fork Alluvium. Appropriation Date: December 12, 1995. Amount: 0.56 cfs (250 gpm). Use: Domestic, commercial, industrial and fire-protection. Depth: Approximately 200 feet. RFC Well No. 2: Date of original Decree: November 18, 1999. Case No. 95CW357. District Court, Water Division Number 5. Legal description: A well located in the NW ¼, SE ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 2,485.25 feet from the South line and 2,041.35 feet from the East line of said Section 17, in Pitkin County. Source: Roaring Fork Alluvium. Appropriation Date: December 12, 1995. Amount: 0.56 cfs (250 gpm). Use: Domestic, commercial, industrial and fire-protection. Depth: Approximately 200 feet. RFC Well No. 3: Date of original Decree: November 18, 1999. Case No. 95CW357. District Court, Water Division No. 5. Legal description: A well located in the NW ¼, SE ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 1,850.20 feet from the South line and 1,801.89 feet from the East line of said Section 17, in Pitkin County. Source: Roaring Fork Alluvium. Appropriation Date: December 12, 1995. Amount: 0.56 cfs (250 gpm). Use: Domestic, commercial, industrial and fire-protection. Depth: Approximately 200 feet. RFC Well No. 4: Date of original Decree: November 18, 1999. Case No. 95CW357. District Court, Water Division Number 5. Legal description: A well located in the NE ¼, NW ¼, Section 20, Township 8 South, Range 86 West, 6th P.M. at a point 168.90 feet from the North line and 2,706.46 feet from the East line of said Section 20, in Pitkin County. Source: Roaring Fork Alluvium. Appropriation Date: December 12, 1995. Amount: 0.22 cfs (100 gpm). Use: Domestic, commercial, industrial and fire-protection. Depth: Approximately 50 feet. RFC Well No. 5: Date of original Decree: November 18, 1999. Case No. 95CW357. District Court, Water Division Number 5. Legal description: A well in the NE ¼, NW ¼, Section 20, Township 8 South, Range 86 West, 6th P.M. at a point 778.91 feet from the North line and 1,644.08 feet from the East line of said Section 20, in Pitkin County. Source: Roaring Fork Alluvium. Appropriation Date: December 12, 1995. Amount: 0.22 cfs (100 gpm). Use: Domestic, commercial, industrial and fire-protection. Depth: Approximately 75 feet. RFC Well No. 6: Date of original Decree: November 18, 1999. Case No. 95CW357. District Court, Water Division Number 5. Legal description: A well located in the NE ¼, SW ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 3,021.92 feet from the South line and 3,016.72 feet from the East line of said Section 17, in Pitkin County. Source: Roaring Fork Alluvium. Appropriation Date: December 12, 1995. Amount: 0.56 cfs (250 gpm). Use: Domestic, commercial, irrigation during early and late golf course irrigation season, industrial and fire-protection. Depth: Approximately 200 feet. RFC Well No. 7: Date of original Decree: November 18, 1999. Case No. 95CW357. District Court, Water Division No. 5. Legal Description: A well located in the SE ¼, SW ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 1,100 feet from the South line and 2,600 feet from the West line of said Section 17, in Pitkin County. Source: Roaring Fork Alluvium. Appropriation Date (conditional): December 12, 1995. Appropriation Date (absolute): January 1, 1965. Amount: 0.033cfs (15 gpm). Use: Commercial, domestic and irrigation. Depth: Approximately 100 feet. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures: Applicant completed construction of a golf course and residential development during the intervening diligence period. The subject underground water rights are part of an integrated water supply system servicing the entire development project. The water supply system became fully operational in the summer of 1998. Applicant expended millions of dollars constructing the development for which the subject water appropriations were made to serve. If claim to make absolute Water applied to beneficial use: RFC Well No. 1: Date: July 15, 1998. Amount: 250 gpm. Use: Commercial, domestic, industrial and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Well No. 2: Date: July 15, 1998. Amount: 250 gpm Use: Commercial, domestic, industrial and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Well No. 3: Date: July 15, 1998. Amount: 250 gpm. Use: Commercial, domestic, industrial and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Well No. 4: Date: July 15, 1998. Amount: 100 gpm. Use: Commercial, domestic, industrial and fire protection. Description of place of use where water is applied to beneficial use: In Block 2, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Well No. 5: Date: July 15, 1998. Amount: 100 gpm. Use: Commercial, domestic, industrial and fire protection. Description of place of use where water is applied to beneficial use: In Block 2, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Well No. 6: Date: July 15, 1998. Amount: 250 gpm. Use: Commercial, domestic, industrial and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Well No. 7: Date: July 15, 1998. Amount: 15 gpm. Use: Commercial, domestic and irrigation. Description of place of use where water is applied to beneficial use: In and around the Roaring Fork Club Administrative Building in Block 2, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. Name(s) and address(es) of owner(s) of land on which structure JULY 2005 RESUME WATER DIVISION 5 PAGE 12 is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Applicant. Remarks: Pursuant to the Decree in Case No. 95CW357, an application for Diligence or to Make Absolute was due to be filed in November of 2005. However, in companion Case No. 95CW356 adjudicating additional integrated water rights for the development project, the Decree stated that a Diligence or Absolute Application be filed in July, 2005. Therefore, since the water rights from both cases are part of an integrated water supply system, Applicant files this Application at the same time as the filing for Case No. 95CW356 for judicial efficiency. (8 pages) 22. 05CW139 PITKIN COUNTY. ROARING FORK RIVER. Roaring Fork Club, L.P., c/o Scott C. Miller, Esq., Patrick, Miller & Kropf, P.C., 730 East Durant Avenue, Suite 200, Aspen, CO 81611. (970) 920-1028. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE. Name of structures: RFC Pump and Pipeline; John Cerise Ditch - Second Enlargement; RFC Ditch; Grace and Shehi Ditch – Second Enlargement; Kester Ditch – Third Enlargement; RFC Pond No. 7; RFC Pond No. 12; RFC Pond No. 2; RFC Pond No. 3; RFC Pond No. 4; RFC Pond No. 5; RFC Pond No. 17; and RFC Pond No. 18. Description of conditional water rights: RFC Pump and Pipeline: Date of original Decree: July 19, 1999. Case No. 95CW356. District Court, Water Division Number 5. Legal description: The headgate is located on the Roaring Fork River in the SE ¼, SW ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 1,000 feet from the South line and 2,300 feet from the West line of said Section 17, in Pitkin County. Source: Roaring Fork River. Appropriation Date: December 12, 1995. Amount: 2.0 cfs. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and filling RFC Ponds. John Cerise Ditch – Second Enlargement: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The headgate is located on the Roaring Fork River in the NW ¼, NE ¼, Section 20, Township 8 South, Range 86 West, 6th P.M. at a point 150 feet South of the North Section line and 2,000 feet West of the East Section line in Pitkin County. Source: Roaring Fork River. Appropriation Date: December 12, 1995. Amount: 10.0 cfs individually or cumulatively with the RFC Ditch. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and filling RFC Ponds. RFC Ditch: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The headgate is located on the Roaring Fork River in the NW ¼, NE ¼, Section 20, Township 8 South, Range 86 West, 6th P.M., at a point 350 feet from the North line and 1,910 feet from the East line of said Section 20, in Pitkin County. Source: Roaring Fork River. Appropriation Date: December 12, 1995. Amount: 10.0 cfs. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and filling RFC Ponds. Grace and Shehi Ditch – Second Enlargement: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The headgate is located on the Roaring Fork River in the NE ¼, NE ¼, Section 20, Township 8 South, Range 86 West, 6th P.M. at a point whence the Northeast corner of said Section 20 bears N46o32'E, 1,315.8 feet, in Pitkin County. Source: Roaring Fork River Appropriation Date: December 12, 1995. Amount: 3.0 cfs. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and filling RFC Ponds. Kester Ditch – Third Enlargement: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The headgate is located on the Roaring Fork River in the NW ¼, NW ¼, Section 27, Township 8 South, Range 86 West, 6th P.M. at a point whence the Southeast corner of Section 21, Township 8 South, Range 86 West, 6th P.M. bears N15o20'W, 320 feet, in Pitkin County. Source: Roaring Fork River. Appropriation Date: December 12, 1995. Amount: 5.6 cfs. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and filling RFC Ponds. RFC Pond No. 7: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The center of the dam is located in the SE ¼, SW ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 750 feet from the South line and 2,180 feet from the West line of said Section 17, in Pitkin County. Source: Roaring Fork River Roaring Fork River by diversion through the John Cerise Ditch, RFC Ditch, Grace & Shehi Ditch and/or RFC Pump and Pipeline structures. Appropriation Date: December 12, 1995. Amount: 6.5 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. RFC Pond No. 12: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The outlet of the pond is located in the NW ¼, NW ¼, Section 20, Township 8 South, Range 86 West, 6th P.M. at a point 10 feet from the North line and 1,350 feet from the West line of said Section 20, in Pitkin County. Source: Roaring Fork River by diversion through the Grace & Shehi Ditch, RFC Ditch and/or RFC Pump and Pipeline structures. Appropriation Date: December 12, 1995. Amount: 4.7 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. RFC Pond No. 2: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The outlet of the pond is in the SE ¼, NW ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 1,950 feet from the North line and 2,400 feet from the West line of said Section 17, in Pitkin County. Source: Roaring Fork River by diversion through the Alexis Arbaney Ditch and the Kester Ditch. Appropriation Date: December 12, 1995. Amount: 3.7 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. RFC Pond No. 3: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The outlet of the pond is located in the SW ¼, NE ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at the point 2,350 feet from the South line and 2,250 feet from the West line of said Section 17, in Pitkin County. Source: Roaring Fork River by diversion through the Alexis Arbaney Ditch and the Kester Ditch. Appropriation Date: December 12, 1995. Amount: 8.0 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. RFC Pond No. 4: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The outlet of the pond is located in the NW ¼, SE ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 2,000 feet from the South line and 2,100 feet from the East line of said Section 17, in Pitkin County. Source: Roaring Fork River by diversion through the Alexis Arbaney Ditch and the Kester Ditch. Appropriation Date: December 12, 1995. Amount: 4.6 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. RFC Pond No. 5: Date of JULY 2005 RESUME WATER DIVISION 5 PAGE 13 original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The outlet pond is located in the NE ¼, SW ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at at point 2, 000 feet from the South line and 2,150 feet from the West line of said Section 17, in Pitkin County. Source: Roaring Fork River by diversion through the Alexis Arbaney Ditch and the Kester Ditch. Appropriation Date: December 12, 1995. Amount: 8.5 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. RFC Pond No. 17: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The outlet of the pond is located in the SE ¼, NW ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 2,250 feet from the North line and 2,600 feet from the West line of said Section 17, in Pitkin County Source: Roaring Fork River by diversion through the Alexis Arbaney Ditch and the Kester Ditch. Appropriation Date: December 12, 1995. Amount: 6.5 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. RFC Pond No. 18: Date of original Decree: July 19, 1999. Case No. 95CW356. Division Court, Water Division Number 5. Legal description: The outlet of the pond is located in the NW ¼, SE ¼, Section 17, Township 8 South, Range 86 West, 6th P.M. at a point 2,250 feet from the South line and 1,900 feet from the East line of said Section 17, in Pitkin County. Source: Roaring Fork River by diversion through the Alexis Arbaney Ditch and the Kester Ditch. Appropriation Date: December 12, 1995. Amount: 0.8 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures: Applicant constructed a golf course and residential development during the intervening diligence period. The golf course, water features, and diversions contained in this application became operational at the start of 1998 irrigation season. Applicant expended millions of dollars constructing the development for which the subject water appropriations serve. If claim to make absolute Water applied to beneficial use: RFC Pump and Pipeline: Date: N/A. Amount: N/A. Use: N/A. Description of place of use where water is applied to beneficial use: N/A. John Cerise Ditch – Second Enlargement: Date: May 1, 1998. Amount: 10.0 cfs. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and filling RFC Ponds. Description of place of use where water is applied to beneficial use: In Block 2, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Ditch: Date: May 1, 1998. Amount: 10.0 cfs. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and filling RFC Ponds. Description of place of use where water is applied to beneficial use: In Block 2, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. Grace and Shehi Ditch – Second Enlargement: Date: May 1, 1998. Amount: 3. 0 cfs. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and filling RFC Ponds. Description of place of use where water is applied to beneficial use: In Block 2, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. Kester Ditch – Third Enlargement: Date: May 1, 1998. Amount: 5.6 cfs. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and filling RFC Ponds. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Pond No. 7: Date: May 1, 1998. Amount: 6.5 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and filling RFC Ponds Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Pond No. 12: Date: May 1, 1998. Amount: 4.7 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Pond No. 2: Date: May 1, 1998. Amount: 3.7 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Pond No. 3: Date: May 1, 1998. Amount: 8.0 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Pond 4: Date: May 1, 1998. Amount: 4.6 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Pond No. 5: Date: May 1, 1998. Amount: 8.5 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Pond No. 17: Date: May 1, 1998. Amount: 6.5 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. RFC Pond No. 18: Date: May 1, 1998. Amount: 0.8 acre feet. Use: Golf course irrigation, aesthetic, recreation, piscatorial, and fire protection. Description of place of use where water is applied to beneficial use: In Block 1, Roaring Fork Club P.U.D., according to Plat recorded in Pitkin County in Plat Book 43, Page 55, Reception No. 407911, as amended. Name(s) and address(es) of owner(s) of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Applicant. (12 pages) 23. 05CW140 Eagle County; Eagle River. Co-Applicant Lafarge West, Inc., c/o Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602, and Co-Applicant Schmidt Ranch Partnership, LLP, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602. Application to Make Absolute a Conditional Water Right and Application for Finding of JULY 2005 RESUME WATER DIVISION 5 PAGE 14

Reasonable Diligence. Name of structure: Gypsum Ranch Sand and Gravel Pit. Date of original decree: July 7, 1999, in Case No. 97CW99 (consolidated with Case No. 97CW207), in the District Court, Water Div. 5. Legal description: A reservoir located in the NW1/4 NW1/4 of Sec. 3, T. 5 S., R. 85 W., 6th PM, at a point 1,200 feet from the North line and 1,200 feet from the West line of said Section 3. Source: Eagle River and springs tributary to the Eagle River. Amount: 8.28 AF. Date of Appropriation: 1/1/1997. Uses: Augmentation and industrial uses including, but not limited to, sand and gravel washing, dust control, concrete production, and truck and equipment washing. Claim to Make Absolute: Water applied to beneficial use: Date: April 30, 2002. Amount: Volume: 2.8 AF (all active storage). Fill rate: 2.23 c.f.s. (1,000 g.p.m.). Uses: Industrial uses, including sand and gravel washing and dust control. Description of place of use where water is applied to beneficial use: The Co-Applicants have beneficially used the Gypsum Ranch Sand and Gravel Pit water right for Phase 1, Phase 2A and Phase 2B of the gravel mining operation located in the NE1/4 of Section 4, Township 5 South, Range 85 West of the 6th P.M., in Eagle County. Claim for Finding of Reasonable Diligence. The Application provides a detailed outline of what has been done toward or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures. Wherefore, the Co-Applicants respectfully request that the Court enter a decree finding and concluding: (1) that the Gypsum Ranch Sand and Gravel Pit water right has been made absolute and unconditional in the amount of 2.8 acre-feet, with a 2.23 c.f.s. rate of fill, for its decreed industrial use, including sand and gravel washing and dust control; and (2) that the Co-Applicants have established reasonable diligence in the development of the remaining conditional portions of the Gypsum Ranch Sand and Gravel Pit water right. (5 pages) 24. 05CW141 Eagle and Pitkin Counties; Taylor Creek, Frying Pan River, Roaring Fork River. Taylor Creek Ranch, Inc., c/o Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Amended Application for Storage Water Right, Approval of Plan for Augmentation Including Exchange, and for Appropriative Rights of Exchange. First Claim; Application for Storage Water Right. Name of Structure: Taylor Creek Pond. Legal description of dam: The dam is located in Sec. 1, T. 8 South, R. 86 West of the 6th P.M. at a point 404 feet north of the South Sec. Line and 2023 feet west of the East Sec. Line of said Sec. 1. Legal description of point of diversion to fill pond: The diversion structure is located in Sec. 1, T. 8 South, R. 86 West of the 6th P.M. at a point 410 feet north of the South Sec. Line and 2023 feet west of the East Sec. Line of said Sec. 1. Source: Taylor Creek, tributary to the Frying Pan River, tributary to the Roaring Fork River. Date of appropriation: 12/1/1961. How was appropriation was initiated: Formation of intent to appropriate water and construction of pond. Date water applied to beneficial use: December 1, 1961. Amount claimed: Total capacity: 1.5 AF, absolute. a) Average depth: 4 feet. b) Surface area: 0.5 acres. Evaporation: 1.22 AF per year, absolute. Rate of fill: 0.5 c.f.s., absolute; together with the right to fill and refill in priority. Uses: Piscatorial, aesthetic. Second Claim; Approval of Plan for Augmentation Including Exchange. Structures to be Augmented (collectively referred to as the “AugmentedWaterR ights”): Taylor Creek Pond. Freiler Spring, described as follows: From Previous Decree: Entered on October 10, 1973; Case No. W-1931; in the District Court for Water Division No. 5. Decreed location: The spring is located in Tract 39, Sec. 1, T. 8 S., R. 86 W. of the 6th P.M. at a point whence Angle Point No. 1 of said Tract 39 bears N. 71Ε54'03" E. 722.50 feet. Source: Taylor Creek, tributary to the Frying Pan River. Appropriation Date: March 7, 1973. Amount: 0.04 c.f.s., absolute. Uses: domestic and irrigation. Water Rights to be Used for Augmentation: The Applicant will apply for a contract with the Basalt Water Conservancy District (“BWCD”) for the delivery of reservoir storage water to replace out-of-priority depletions associated with use of water from the Augmented Water Rights. Prior to the entry of a ruling or decree, Applicant will provide evidence to the Court of a contract for the amount of augmentation storage water required for the plan to replace out-of-priority depletions, plus 5% to cover transit losses. The BWCD’s augmentation water supply sources are described below. The BWCD holds augmentation water in Green Mountain Reservoir, Ruedi Reservoir, the Edith and Troy Ditches, and the Robinson Ditch, described as follows: Information from previous decree for Green Mountain Reservoir: Source: Blue River, tributary of Colorado River. Legal description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of T. 2 South, R. 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 South, R. 79 West of the 6th P.M. Adjudication Date: October 12, 1955. Appropriation Date: August 1, 1935. Case No.: 2782, 5016, and 5017. Court: United States District Court, District of Colorado. Decreed Amount: 154,645 AF. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Information from previous decree for Ruedi Reservoir: Source: Frying Pan River, tributary of Colorado River. Legal description: an on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through18, T. 8 South, R. 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: 6/20/1958. Appropriation Date: 7/29/1957. Case No. C.A. 4613. Court: Garfield County District Court. Decreed Amount:102,369 AF (Originally decreed for 140,697.3 AF; reduced to 102,369 AF in Case No. W- 789-76). Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF, conditional. In Water Court Case No. 95CW95, 44,509 AF was made absolute. Information from previous decrees for Troy Ditch and Edith Ditch rights: Structure Priority Court Case ADJ APP Decreed Use No. Date Date Amount (cfs) (4) Troy Ditch 370 3082 08/25/1936 05/01/1906 5.10 I (1) JULY 2005 RESUME WATER DIVISION 5 PAGE 15

Troy Ditch 427 3082 08/25/1936 05/01/1928 10.80 I 1st Enlg Troy Ditch 669 4613 06/20/1958 06/01/1942 6.20 I 2nd Enlg Edith Ditch 353 3082 08/25/1936 05/01/1904 2.72 I Edith Ditch 673 4613 06/20/1958 07/01/1946 3.23 I 1st Enlg Troy Ditch (2) W-2281 15.50 I, D, M, C, P Water System (3) a/k/a Lower Headgate Amount Sold, Transferred or Reserved Amount Remaining Structure (10) (5) (6) (7) (8) (9) CFS AF

Troy Ditch 0.000 0.000 0.095 0.064 0.035 4.906 N/A (1) Troy Ditch 0.000 0.000 0.200 0.134 0.073 10.393 N/A 1st Enlg Troy Ditch 0.000 0.000 0.115 0.077 0.042 5.966 N/A 2nd Enlg Edith Ditch 0.110 0.1320 0.050 0.000 0.018 2.410 N/A

Edith Ditch 0.000 0.000 0.060 0.000 0.022 3.148 N/A 1st Enlg Troy Ditch 0.110 0.1320 0.520 0.275 0.190 14.273 412.89 Water System a/k/a Lower Headgate (1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 AF of annual consumptive-use credits were available to these ditches, and that 300 AF could be stored in an unnamed reservoir. The BWCD owns 412.89 AF of the 453 AF, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. Information from previous decrees for Robinson Ditch rights: JULY 2005 RESUME WATER DIVISION 5 PAGE 16

STRUCTUR DECREED AMOUNT ADJ. APP. PRIORIT CASE E AMOUNT/ OWNED DATE DATE Y NO. cfs BY BWCD (2) (cfs)(1)

ROBINSON 5.00 1.21 05/11/188 06/15/188 38 132 DITCH 9 2

ROBINSON 2.50 0.60 05/11/188 04/15/188 140 132 DITCH 9 6

ROBINSON 2.00 0.48 05/11/188 11/15/188 167 132 DITCH 9 6

ROBINSON 10.70 2.59 12/29/190 04/25/189 212C 1061 DITCH 3 9

ROBINSON 20.06 4.85 08/25/193 04/25/190 326 3082 DITCH 6 0 (1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) District Court in and for Garfield County Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Sec. 11, T. 8 S., R. 87 West, 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 AF of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Statement of Plan for Augmentation: General description of water supply: The Taylor Creek Ranch Property consists of approximately 76.64 acres generally located in the SE1/4 of Sec. 1 and the NE1/4 of Sec. 12, T. 8 South, R. 86 West of the 6th P.M., in Eagle County, Colorado. See map attached to the Application. The Property, which is under single ownership, consists of one home, a storage pond, and 21.6 acres of irrigated lawns and open space. The purpose of the augmentation plan described herein is to protect the existing water supply for the Property by augmenting of out-of-priority depletions from the Augmented Water Rights. The plan for augmentation will provide replacement water to augment depletions associated with the domestic in-house use and pond evaporation use on the Property. The irrigation water use on the Property is supplied from a senior ditch right that does not require augmentation. Estimated water demands, consumptive uses and augmentation requirements: The water demand for Augmented Water Rights on the Taylor Creek Ranch Property will be associated with the following uses: domestic water use from 1 home and evaporation from 0.5 acre of pond surface area. Table 1, attached to the Application summarizes the estimated diversions and consumptive use demands for the uses from the Augmented Water Rights. Annual diversions are estimated at 1.62 AF and related annual consumptive use is estimated at 1.28 AF. Transit losses associated with the delivery of augmentation water from BWCD are estimated to be 5% of depletions. Domestic Uses. The Property will require an in-house water supply for 1 home. The home is served by a septic tank/leach field system with a 15% consumptive use assumption, resulting in an annual in-house consumptive use of 0.06 AF. Pond Evaporation. There will be water use on the Property associated with evaporation from 0.5 acre of pond surface area. Pond evaporation is 100% consumptive, for an annual evaporation consumptive use of 1.22 AF. Augmentation Water Supplies: Augmentation water will be provided from the sources identified above as necessary to augment out- of-priority depletions caused to the Frying Pan River, tributary to the Roaring Fork River, by diversions of water from the Augmented Water Rights. Prior to the entry of a ruling or decree, the Applicant will provide evidence to the Court of a water supply contract for the required amount of augmentation storage water needed to replace out-of-priority depletions, plus 5% to cover transit losses. A portion of the annual consumptive use may occur at times when there is no call on the Colorado River system. Nevertheless, the plan provides for full replacement of depletions from the Applicant’s uses of the Augmented Water Rights. Description of Augmentation Exchange Reaches: BWCD has several different sources of augmentation water, as described above. Depending on where the call is placed on the stream system, BWCD will release water from one of its augmentation sources as necessary to satisfy the call. When augmentation water is delivered downstream from the Applicant’s points of diversion (i.e., from Green Mountain Reservoir or the Robinson Ditch), then operation of the augmentation plan will include an exchange up to the points of diversion for the Augmented Water Rights. Following is a description of the possible exchange reaches. Robinson Ditch Exchange: The exchange reach follows the Roaring Fork River from the point of diversion for the Robinson Ditch up to the confluence of the Frying Pan River, then up the Frying Pan River to the confluence with Taylor Creek. Upper Terminus: The confluence of the Frying Pan River and Taylor Creek. Lower Terminus: The point of diversion for the Robinson Ditch. Rate of Exchange: 0.17 c.f.s. Source of Exchange Deliveries: JULY 2005 RESUME WATER DIVISION 5 PAGE 17

Exchange water will be delivered from the Robinson Ditch, the lower terminus of the exchange reach, the source of supply for which is the Roaring Fork River. Operation of Exchange: When the Augmented Water Rights are not in priority because of a valid call by senior adjudicated water rights, then the Applicant will continue to divert water at those structures, and augmentation water will be delivered from the Robinson Ditch as needed to satisfy the call. Exchange water will then be delivered from the Robinson Ditch up the Roaring Fork River to the confluence with the Frying Pan River, then up Frying Pan River to the confluence with Taylor Creek. Green Mountain Exchange: The exchange reach follows the Roaring Fork River from the confluence with the Colorado River up to the confluence of the Frying Pan River, then up the Frying Pan River to the confluence with Taylor Creek. Upper Terminus: The confluence of the Frying Pan River and Taylor Creek. Lower Terminus: The confluence of the Roaring Fork River and the Colorado River. Rate of Exchange: 0.17 c.f.s. Source of Exchange Deliveries: Exchange water will be delivered from Green Mountain Reservoir to the confluence of the Colorado River and the Roaring Fork River, the lower terminus of the exchange reach. Operation of Exchange: When the Augmented Water Rights are not in priority because of a valid call by senior adjudicated water rights, then the Applicant will continue to divert water at those structures, and augmentation water will be delivered from Green Mountain Reservoir to the confluence of the Colorado River and the Roaring Fork River as needed to satisfy the call. The exchange water will then be delivered up the Roaring Fork River to the confluence with the Frying Pan River, then up Frying Pan River to the confluence with Taylor Creek. Third Claim; Application for Appropriative Rights of Exchange. Taylor Creek Pond Exchange: The exchange reach follows Taylor Creek from the location of the point of diversion for the Taylor Creek Pond and extends to the confluence of Taylor Creek and the Frying Pan River. Upper Terminus: Point of diversion for the Taylor Creek Pond. Lower Terminus: The confluence of Taylor Creek and the Frying Pan River. Appropriation Date: June 30, 2005. How Appropriation Was Initiated: The exchange appropriation was initiated by the formation of intent to appropriate water and preparation of engineering data to support the exchange. Rate of Exchange: 0.13 c.f.s. Uses: piscatorial and aesthetic. Source of Exchange Deliveries: Exchange water will be delivered from the BWCD augmentation water supply sources identified above to the confluence of Taylor Creek and the Frying Pan River, the lower terminus of the exchange reach. Operation of Exchange: When the Taylor Creek Pond water right is not in priority because of a valid call by senior adjudicated water rights, then the Applicant will continue to use water at that structure and will deliver water from the augmentation water supply sources identified above as needed to satisfy the call. The exchange water will then be delivered up Taylor Creek from the confluence with the Frying Pan River to the point of diversion for the Taylor Creek Pond. Freiler Spring Exchange: Location: The exchange reach follows Taylor Creek from the location of the point of diversion for the Freiler Spring and extends to the confluence of Taylor Creek and the Frying Pan River. Upper Terminus: Point of diversion for the Freiler Spring. Lower Terminus: The confluence of Taylor Creek and the Frying Pan River. Appropriation Date: June 30, 2005. How Appropriation Was Initiated: The exchange appropriation was initiated by the formation of intent to appropriate water and preparation of engineering data to support the exchange. Rate of Exchange: 0.04 c.f.s. (18 g.p.m.). Uses: domestic and irrigation. Source of Exchange Deliveries: Exchange water will be delivered from the BWCD augmentation water supply sources identified above to the confluence of Taylor Creek and the Frying Pan River, the lower terminus of the exchange reach. Operation of Exchange: When the Freiler Spring water right is not in priority because of a valid call by senior adjudicated water rights, then the Applicant will continue to divert water at that structure and will deliver water from the augmentation water supply sources identified above as needed to satisfy the call. The exchange water will then be delivered up Taylor Creek from the confluence with the Frying Pan River to the point of diversion for the Freiler Spring. Additional Information: Names and addresses of owners of land on which structures are located: Taylor Creek Pond and Freiler Spring: Applicant. Green Mountain Reservoir: U.S. Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Road 18E, Loveland, CO 80537. Ruedi Reservoir: U.S. Forest Service, White River National Forest, P.O. Box 948, Glenwood Springs, CO 81602 (operated by U.S. Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Road 18E, Loveland, CO 80537). Robinson Ditch: Robinson Ditch Company, 19303 Hwy 82, P.O. Box 2899, Basalt, CO 81621. Attached to this Application are the following Exhibits: Exhibit A: Map of Taylor Creek Ranch Property. Exhibit B: Table 1 – Summary of Water Usage Augmentation. Wherefore, Applicant requests that the Court enter a decree: (1) confirming the storage water right as described herein; (2) approving the plan for augmentation including exchange described herein; (3) confirming the appropriate rights of exchange as described herein; and (4) granting such additional relief as the Court deems appropriate. (Application - 14 pages. Attachments - 2 pages.) 25. 05CW142 Garfield County; Application for Absolute Underground Water Rights, Claim for Alternate Points of Diversion, and Request for Approval of Plan for Augmentation. Cory and Jong OK Nielson, c/o The Noone Law Firm, P.C., Christina Sloan, 1001 Grand, Avenue, Suite 207, Glenwood Springs, CO 81601; CLAIM FOR UNDERGROUND WATER RIGHT; Structure: Nielson Well 1. Source: Colorado River Alluvium. Location: SE 1/4 NE 1/4, Section 9, Township 6 South, Range 92 West, 6th P.M. at a point 586 feet from the East line and 2,088 feet from the North line of said Section 9. Depth: 100 feet. Date of Appropriation: April 25, 1972 (Permit No. 24328-F). How appropriation was initiated: Drilling of well in 1968 and application to beneficial uses. Date of Application to Beneficial Use: April 25, 1972. Amount Claimed: 15 gallons per minute (11.53 acre-feet annually), absolute. Claimed Use(s): Commercial, Heron’s Nest RV Park (see Section IV). Name and Address of Owner of Land on which point of diversion and use are located: Applicants. Structure: Nielson Well 2. Source: Colorado River Alluvium. Location: SE 1/4 NE 1/4, Section 9, Township 6 South, Range 92 West, 6th P.M. at a point 293 feet from the East line and 2,197 feet from the North line of said Section 9. Depth: 26 feet. Date of Appropriation: April 23, 1979 (Permit No. 24329-F). How Appropriation Was Initiated: Drilling of well and application to beneficial uses. Date of Application to Beneficial Use: April 23, 1979. Amount Claimed: JULY 2005 RESUME WATER DIVISION 5 PAGE 18

15 gallons per minute (11.53 acre-feet annually), absolute. Claimed Use(s): Commercial, Heron’s Nest RV Park (see Section IV). Name and Address of Owner of Land on which point of diversion and use are located: Applicants. CLAIM FOR ALTERNATE POINTS OF DIVERSION; Name of Structure: Nielson Well 1. Claimed Point of Diversion: SE 1/4 NE 1/4, Section 9, Township 6 South, Range 92 West, 6th P.M. at a point 586 feet from the East line and 2,088 feet from the North line of said Section 9. Source: Colorado River Alluvium. Date of Appropriation: April 25, 1972. Amount: 10 gallons per minute (11.53 acre-feet), conditional. Proposed Change: Applicants request an alternate point of diversion for the Nielson Well No. 1 at the Nielson Well No. 2. Name and address of 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: Applicants. Name of Structure: Nielson Well 2. Claimed Point of Diversion: SE 1/4 NE 1/4, Section 9, Township 6 South, Range 92 West, 6th P.M. at a point 293 feet from the East line and 2,197 feet from the North line of said Section 9. Source: Colorado River Alluvium. Date of Appropriation: April 23, 1979. Amount: 10 gallons per minute (11.53 acre-feet), conditional. Proposed Change: Applicants request an alternate point of diversion for Nielson Well 2 at the Nielson Well No. 1. Name and address of 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: Applicants. STATEMENT OF PLAN FOR AUGMENTATION; Background: Applicants own the Heron’s Nest RV Park, including the Nielson Wells 1 and 2, described above, located on the North bank of the Colorado River and situated in the NE ¼ of Section 9, Township 6 South, Range 92 West, of the Sixth P.M. See Exhibit A, Legal Description and Exhibit B, Well Location Map attached to the original application and on file at the Garfield County Courthouse, Water Court Division. The RV Park currently has 56 RV sites. The depletions associated with the claimed uses at the RV Park for site hook-ups, showers, water closets, lavatories, and clothes washers result in an annual consumptive use of 1.73 acre-feet. See Exhibit C, Table 1, Water Demand and Consumptive Use Summary attached to the original application and on file at the Garfield County Courthouse, Water Court Division. Names of Structures to be Augmented: Nielson Wells 1 and 2. Water Rights to be Used for Augmentation: For augmentation of depletions from Nielson Wells 1 and 2, Applicants will obtain a water service contract with West Divide Water Conservancy District. The Applicants request a decree adjudicating and approving the augmentation plan that, when implemented, will provide a legal water supply for the claimed uses and fully augment the associated depletions. For this plan for augmentation, a WDWCD contract for 1.73 acre-feet year-round will allow uninterrupted diversions and prevent injury to other vested and decreed conditional water rights. WDWCD will release water pursuant to the direction of the division engineer or water commissioner. A description of WDWCD’s water rights is below. West Divide Water Conservancy District Augmentation Rights: By Water Service Agreement dated May 12, 1982, between WDWCD and the United States Bureau of Reclamation, WDWCD has the right to call for the release of up to 100 acre-feet per year from Ruedi Reservoir for augmentation and other purposes. Previous Decree, Ruedi Reservoir: Source: Fryingpan River, tributary to the Roaring Fork River, tributary to the Colorado River. Legal Description: In Eagle and Pitkin Counties, in parts of Sections 7, 8, 9, 11, and 14 through 18, of Township 8 South, Range 84 West, 6th P.M. The dam thereof is located in the NW ¼ of Section 18, Township 8 South, Range 84 West, 6th P.M., its exact location being described as follows: The initial point of survey of said dam is on the right abutment thereof at a point whence the Southwest corner of Section 7, Township 8 South, Range 84 West, 6th P.M. bears North 68º58’ at a distance of 426 feet. Adjudication Date: June 20, 1958. Appropriation Date: July 29, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Decreed Amount: 102,369 acre-feet. Decreed Uses: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses consistent with the Operating Principles for the Fryingpan- Arkansas Project. Ruedi Reservoir was authorized to provide replacement water for senior downstream water rights in Western Colorado when water is diverted to Eastern Colorado through the Fryingpan-Arkansas Project. Additional storage capacity is available for beneficial uses in Western Colorado. By contract dated October 21, 1998, WDWCD and the United States, WDWCD has the right to call for the release of up to 150 acre-feet per year from Green Mountain Reservoir for municipal/domestic uses and 50 acre-feet per year for Category B industrial use. Previous Decree, Green Mountain Dam and Reservoir: Source: Blue River and all tributaries of the Blue River upstream from the dam and Elliot Creek by means of its diversion canal, all of which are within the Colorado River Basin. Legal Description: Located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. Station 0 + 00 on the dam axis bears South 36º31’45” West a distance of 11,165 feet from the SW Corner of Section 1, Township 2 South, Range 80 West, 6th P.M., thence the axis bears North 21º00’00” East. Adjudication Date: October 12, 1955. Appropriation Date: August 1, 1935. Case No.: 2782, 5016, and 5017. Court: United States District Court, District of Colorado. Decreed Amount: 154,645 acre-feet. Decreed Uses: Use in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. The Reservoir was authorized to provide replacement water for senior downstream diversion rights in western Colorado when water is diverted to or stored for use in eastern Colorado through the Colorado-Big Thompson Project. Additional capacity was provided for hydroelectric power generation and beneficial uses in western Colorado including irrigation, municipal/domestic, and industrial uses. Previous Decree, Avalanche Canal and Siphon: Source: Crystal River or Avalanche Creek, or both. Legal Description: Avalanche Canal and Siphon is a conditional water right decreed with two points of diversion: Headgate No. 1, being the initial point of Avalanche Canal and Siphon, is located on the right bank of the Crystal River at a point whence the witness corner at the Southwest Corner of Section 9, Township 10 South, Range 88 West, 6th P.M. bears North 03º09’ West 546 feet, JULY 2005 RESUME WATER DIVISION 5 PAGE 19 said point being at the outlet of the Osgood Reservoir. Headgate No. 2, being the second point of diversion of said Avalanche Canal and Siphon, is located on the Right bank of Avalanche Creek at a point whence the West Quarter Corner of Section 28, Township 9 South, Range 88 West, 6th P.M. bears North 67º15’ West, a distance of 4538.1 feet. Adjudication Date: June 20, 1958. Appropriation Date: April 22, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Decreed Amount: 830 cubic feet per second, conditional. Decreed Uses: Generation of electrical energy, domestic and municipal, industrial, irrigation and stockwatering. ( 11 pages) 26. 05CW143 WILL NOT BE PUBLISHED IN THIS RESUME. 27. 05CW144 Eagle, Garfield, Grand, and Pitkin Counties – Four Mile Creek, Roaring Fork River. Application for Underground Water Right and Approval of Plan for Aug. Including Exchange. Reserve at Elk Meadows, LLC c/o Scott Balcomb and Sara M. Dunn, Balcomb & Green, PC, PO Drawer 790, Glenwood Springs, CO 81602, Ph. (970) 945-6546. First Claim: Application for Underground Water Right. Name of Structure: Reserve at Elk Meadows Well Field. Legal description of well field: located in Section 34, T. 6 S, R. 89 W. of the 6 P.M., extending 100 feet on either side of Four Mile Creek beginning at a point located 3044 feet from the N. line and 3200 feet from the E. line of said Sec. 34, and ending at a point located 2914 feet from the N. line and 1450 from the E. line of said Sec. 34. Source: Groundwater tributary to the Roaring Fork River; approx. 200 feet deep; appropriated 1/10/2005 by formation of intent to appropriate water for application to beneficial use and field investigation. Amnt: 200 gpm conditional for Irr. of 2.7 acres, Dom. and fire protection. Second Claim: Request for Approval of Plan for Aug. Including Exchange. Structures to be augmented: Reserve at Elk Meadows Well Field. Water rights to be used for Aug.: Wolford Mountain Reservoir. The Colorado River Water Conservation District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir), Case No. 87CW283; dated 11/20/1989; Legal description of place of storage: dam located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6 P.M. The intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05) occurs at a point which bears S. 53 deg.24'56" E. a distance of 3,395.51 feet from the NW corner of said Sec. 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75 deg. 28' 29" E. Source: Muddy Creek and its tributaries; Previous storage decrees: Case No. 87CW283 Decree dated 11/20/1989 in Dist. Ct., Water Div. No. 5. Amt. 59,993 af appropriated 12/14/1987; beneficial uses Dom., municipal, agricultural and Recreational. Case No. 95CW281; Decree dated 8/26/1997 Dist. Ct., Water Div. No. 5. Amt. 6,000 af (enlargement); appropriated 1/16/1995; beneficial uses by and for the benefit of the inhabitants of the River District, including Dom., municipal, industrial, Irr., agricultural, piscatorial, recreational and environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, Aug., or exchange. Case No. 98CW237; Decree dated 7/6/2000 in Dist. Ct., Water Div. No. 5. Amt. 30,000 af (refill) appropriated 11/17/1998; Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Cases No. 87CW283 and Case No. 95CW281, summarized above. Ruedi Reservoir: the Colorado River Water Conservation District holds Contracts No. 009D6C0111, 009D60118, and No. 03F6C0011 from U.S. Bureau of Reclamation for 1,730 acre feet annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. Legal description of storage: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6 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 6 P.M. bears N. 82 deg.10'W. a distance of 1,285 feet. Source: Fryingpan River, Previous storage decrees: Civil Action No. 4613 Decree Dated 6/20/1958 in Garfield County Dist. Ct. ; Amt. 140,697.3 af, reduced to 102,369 af pursuant to Order of the Dist. Ct., Water Div. No. 5 in Case No. W-789-76; Appropriated 7/29/1957; Use: Dom., municipal, Irr., industrial, generation of electrical energy, stock watering and piscatorial. Case No. 81CW34, 4/8/1985 in Dist. Ct., Water Div. No. 5. Amt. 101,280 af (refill) appropriated 1/22/1981; Use: Irr., Dom., municipal, generation of electrical energy, stock watering, industrial, piscatorial, Rec. and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for Rec. in times of drought. Statement of plan for Aug. and exchange, covering all applicable matters under C.R.S. §37-92-103(9), 302(1)(2) and 305(8): Applicant contemplates a residential development up to 352.5 EQRs. The physical water supply to serve the potable demands, including 500 square feet of Irr. per lot, will be provided by diversions from the Reserve at Elk Meadows Well Field. These diversions are limited to a combined maximum rate of 200 gpm at any given time. Monthly demands and depletions associated with the residential development are summarized in the Water Use Input Summary attached to the Application on file with the Water Court as Exhibit B. Out-of-priority depletions will be augmented by releases from either Ruedi Reservoir or Wolford Mountain Reservoir under an appropriative right of exchange. Applicant claims a conditional right of exchange for 0.45 cfs, up to 143.5 af annually, with an Approp. date of January 10, 2005. The upstream terminus of the Aug. by exchange described above is the Reserve at Elk Meadows Well Field. The downstream terminus is the confluence of the Colorado River and the Roaring Fork River and the confluence of the Roaring Fork River and Four Mile Creek. Name(s) and address(es) of owner(s) of land on which structure(s) is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant, and U.S. Bureau of Reclamation, Eastern Colorado Area Office, Great Plains Region, 11056 West County Road 18E, Loveland, CO 80537-9711. (8 pages) 28. 05CW145 District Court, Water Division No. 5, State of Colorado, 109 8th Street, #104, Glenwood Springs, CO 81601, In the Matter of the Application for Water Rights of The Piney Valley Ranches Trust, in Eagle County, Colorado, APPLICATION FOR SPRING RIGHT. 1. Name and Address of Applicant: The Piney Valley Ranches Trust, P.O. Box 640, Vail, Colorado 81658. Direct all pleadings to: Richard A. Johnson, Stephen C. Larson, Sara E. Bayko, Johnson & Repucci LLP, 2521 Broadway, Suite A, JULY 2005 RESUME WATER DIVISION 5 PAGE 20

Boulder, CO 80304, (303) 442-1900. 2. Name of Structure: Piney Spring. 3. Legal Description of the Points of Diversion: (a) Location of Piney Spring. The diversion point for Piney Spring is located in the SW1/4 of the NW1/4 of Section 26, Township 3 South, Range 83 West of the 6th P.M., Eagle County, Colorado, at a point 1,706.36 feet South of the North section line and 480.31 feet East of the West section line of said Section 26; (b) Locations of Alternate Points of Diversion. Applicant seeks to decree alternate points of diversion for Piney Spring at the following locations: (i) P.V.R.T. Spring No. 3, decreed in Case No. 97CW036, in the District Court in and for Water Division No. 5, at a point located in the SW1/4 of the NW1/4 of Section 26, Township 3 South, Range 83 West of the 6th P.M., Eagle County, Colorado, 1,700 feet South of the North section line and 280 feet East of the West section line of said Section 26; (ii) P.V.R.T. Collection Basin No. 1, decreed in Case No. 90CW339, in the District Court in and for Water Division No. 5, at a point located in the SE1/4 of the NE1/4 of Section 27, Township 3 South, Range 83 West of the 6th P.M., Eagle County, Colorado, 1,770 feet South of the North section line and 250 feet West of the East section line of said Section 27; (iii) P.V.R.T. Collection Basin No. 2, decreed in Case No. 90CW339, in the District Court in and for Water Division No. 5, at a point located in the SW1/4 of the NW1/4 of Section 26, Township 3 South, Range 83 West of the 6th P.M., Eagle County, Colorado, 1,770 feet South of the North section line and 10 feet East of the West section line of said Section 26. 4. Source. Spring water tributary to Alkali Creek, tributary to the Eagle River. 5. Date of Appropriation. The filing date of this application. 6. Amount. 0.133 cfs, conditional. 7. Uses. The uses of Piney Spring are domestic, fire protection, irrigation, stock watering, commercial, fish and wildlife habitat. 8. Name of Owner of Land Upon Which Structure is Located. Piney Spring is located on property owned by the Applicant. 9. Remarks. Piney Spring will be diverted in priority for the claimed uses and will also be used as a source for, and to run freshening flows through, the conditional water storage rights described in Section II below. The diversions for Piney Spring at the alternate point structures described above will be accounted for separately from the diversions at those structures that are made under the water rights decreed to such structures in Case Nos. 90CW339 and 97CW036. APPLICATION FOR WATER STORAGE RIGHTS. 10. Names of Structures: (a) Piney Pond; (b) BLM Pond. 11. Legal Descriptions: (a) Piney Pond is located in the SW1/4 of the NW1/4 of Section 26, Township 3 South, Range 83 West of the 6th P.M., Eagle County, Colorado, at a point 1,534.20 feet South of the North section line and 397.29 feet East of the West section line of said Section 26; (b) BLM Pond. BLM Pond is located on Bureau of Land Management (“BLM”) property adjacent to Applicant’s property. Applicant and the BLM have been negotiating as to its location and have determined that BLM Pond will be located in one of the following locations: (i) BLM Pond Proposed Location 1 is located in the SE1/4 of the NE1/4 of Section 27, Township 3 South, Range 83 West of the 6th P.M., Eagle County, Colorado, at a point 1,463.91 feet South of the North section line and 40.09 feet East of the West section line of said Section 27; (ii) BLM Pond Proposed Location 2 is located in the SE1/4 of the NE1/4 of Section 27, Township 3 South, Range 83 West of the 6th P.M., Eagle County, Colorado, at a point 1,848.45 feet South of the North section line and 458.59 East of the West section line of said Section 27; (iii) BLM Pond Proposed Location 3 is located in the SE1/4 of the NE1/4 of Section 27, Township 3 South, Range 83 West of the 6th P.M., Eagle County, Colorado, at a point 2,282.38 feet South of the North section line and 852.99 feet East of the West section line of said Section 27; Applicant will identify the actual location of BLM Pond at the time the water right is made absolute. 12. Source. The source for Piney Pond and BLM Pond is Piney Spring, tributary to Alkali Creek, tributary to the Eagle River. 13. Dates of Appropriation. The dates of appropriation for Piney Pond and BLM Pond are the filing date of this application. 14. Amounts Claimed. Total amount claimed for the two ponds, in the aggregate, is 26 acre-feet per year with the right to fill and refill. It is anticipated that this volume will be distributed between the two ponds as follows: (a) Piney Pond: 13 acre-feet, conditional, with the right to fill, refill and run freshening flows; (b) BLM Pond: 13 acre-feet, conditional, with the right to fill, refill and run freshening flows; Actual pond sizes will vary depending upon site-specific conditions. 15. Surface Areas. (a) Piney Pond: approximately 2.0 acres; (b) BLM Pond: approximately 2.0 acres; Actual pond sizes will vary depending upon site-specific conditions. 16. Uses. The uses for Piney Pond and BLM Pond are: domestic, fire protection, irrigation, fish and wildlife habitat and watering of domestic animals and livestock. 17. Name and Capacity of Ditch Leading to Ponds. Piney Ditch; 0.133 cfs. 18. Name of Owner of Land Upon Which Structures Are Located. (a) Piney Pond is located on property owned by the Applicant; (b) BLM Pond is located on property owned by the BLM. Applicant is in the process of obtaining permission from the BLM for the pond site and Piney Ditch in the locations identified herein. 19. Remarks. All out of priority inflows into each pond, including from precipitation, will be released. 29. 01CW45 GRAND COUNTY-SODA CREEK TRIBUTARY TO THE COLORADO RIVER. Earl & Mary Baumberger; 9617 Star Rte. 34; Granby, CO 80446 (970)627-3284 and Big Ray’s Enterprises, LLC; c/o Ray Flores, P.O. Box 40; Grand Lake, CO 80447. Baumberger Pond-Amended Application for Water Storage Right. Location: SW¼NW¼ of Sec. 26, T.3N, R.76W. of the 6th P.M. 1,485 ft. from the south sec. line and 889 ft. from the east sec. line. Appropriation: Dec. 31, 1939. Amount: 12.0 af, absolute. Use: piscatorial and livestock watering. (4 pages) 30. 02CW341 AMENDED APPLICATION FOR APPROVAL OF SURFACE WATER, GROUND WATER RECHARGE, AND WATER STORAGE RIGHTS Name, Address, and Telephone Number of Applicant: United States of America c/o U.S. Department of the Interior, Bureau of Reclamation, Western Colorado Area Office, 2764 Compass Dr., Grand Junction, CO 81506 (970) 248-0600 AMENDED FIRST CLAIM WATER STORAGE RIGHTS, The Water Storage Rights of the Applicant’s First Claim are amended to eliminate and withdraw Horsethief Canyon State Wildlife Area Wildlife Pond Nos. 1, 2, 3 & 6 as claimed water storage facilities for which the United States seeks decreed water rights. The claims for water storage rights for Horsethief Canyon State Wildlife Area Wildlife Pond Nos. 4, 5, 8, 9, 10-A, 10-B, 13 and 14 remain as set forth in paragraphs 2 JULY 2005 RESUME WATER DIVISION 5 PAGE 21 through 11 of the original claim, which are incorporated herein by reference as if fully set forth, except for purpose of use, which is amended to include ground water recharge. The Application for Water Storage Rights for Horsethief Canyon State Wildlife Area Wildlife Pond Nos. 4, 5, 8, 9, 10-A, 10-B, 13 and 14 is amended to include the following purposes of use for these eight ponds: Evaporation, Wildlife, Wildlife habitat, Stock, Recreation, Fishery and Ground Water Recharge. A. If non-irrigation, describe purpose fully: Horsethief Canyon State Wildlife Area (HCSWA) is located in Mesa County, Colorado along the Colorado River. The area is developed and managed as a wildlife replacement area under the Grand Valley Unit, Colorado River Water Quality Improvement Program. The series of ponds for which the storage rights are being filed are part of the wildlife developments at HCSWA. The ponds are managed for resident and migratory wildlife, and involves managing water to promote desirable aquatic and shoreline vegetation, to promote production of invertebrates as a major food source for shorebirds and waterfowl; and to provide appropriate water depths and mudflats for feeding, brood rearing, and resting. Use of pond areas at HCSWA is for shorebird and waterfowl migration stops from late February to early June and then again in the late August to November period, as well as year round use by resident wildlife populations. Management of the pond system requires that ponds be filled, allowed to drain and refilled in order to provide desired wildlife habitat conditions, feed, and a means to facilitate vegetation control, and to recharge the alluvial ground water system. AMENDED SECOND CLAIM SURFACE WATER RIGHT Name of structure: Arbogast Pumping Plant 2.Legal description of the diversion point:The Arbogast Pumping Plant diversion site is located in the SE 1/4 corner of the SW 1/4 of the NE 1/4 of Section 14, Twp. 1 N., R. 3 W., Ute Meridian, Mesa County at a point on the south bank of the Colorado River whence the center 1/4 corner of Section 14, Twp. 1 N., R. 3 W., Ute Meridian bears South 73 degrees 54 minutes West 1,034.60 feet. The alternate point of diversion for Arbogast Pumping Plant is located in the SE¼ SW¼ Section 11, Twp. 1 N., R. 3 W., Ute Meridian, Mesa County, at a point on the south bank of said Colorado River whence the corner common to Sections 10, 11, 14, and 15, Twp. 1 N., R. 3 W., Ute Meridian bears North 89 degrees 25 minutes West 1,870 feet. Source: Colorado River. A. Date of initiation of appropriation: September 26, 1991, B. How appropriation was initiated: Formation of intent to use existing diversion structures for the purposes of the wildlife ponds and area, as evidenced by the transmittal of the “Management and Development Plans for Horsethief Canyon State Wildlife Area - - Grand Valley Unit, Colorado River Basin Salinity Control Project” from the Regional Director of the Bureau of Reclamation to the Suboffice Supervisor, Colorado Suboffice, Fish and Wildlife Enhancement, U.S. Fish and Wildlife Service. B. Date water applied to beneficial use: June 30, 1992. 8.Amount claimed: 10.0 c.f.s. ABSOLUTE. 9. Use or proposed use of Abrogast Pumping Plant is amended to include: Evaporation, Wildlife, Wildlife habitat, Stock, Recreation, Fishery, and Ground Water Recharge. A. If non-irrigation, describe purpose fully: Horsethief Canyon State Wildlife Area (HCSWA) is located in Mesa County, Colorado along the Colorado River. The area is developed and managed as a wildlife replacement area under the Grand Valley Unit, Colorado River Water Quality Improvement Program. The series of twelve ponds for which the storage rights are being filed herein are part of the wildlife developments at HCSWA. The ponds are managed for resident and migratory wildlife, and involves managing water to promote desirable aquatic and shoreline vegetation, to promote production of invertebrates as a major food source for shorebirds and waterfowl; and to provide appropriate water depths and mudflats for feeding, brood rearing, and resting. Use of pond areas at HCSWA is for shorebird and waterfowl migration stops from late February to early June and then again in the late August to November period, as well as year round use by resident wildlife populations. Management of the pond system requires that ponds be filled, allowed to drain and refilled in order to provide desired wildlife habitat conditions, feed, and a means to facilitate vegetation control. Draining of the ponds, and seepage from all of the ponds described in the claim for Water Storage Rights recharges the groundwater aquier in the vicinity of the ponds. 10. Remarks: Arbogast Pumping Plants #1, #2, and #3 were decreed for a cumulative total of 10 c.f.s. for irrigation of approximately 300 acres in C.A. No. 830, July 21, 1959. In Case No. 92CW209, the point of diversion for all three rights was changed to the single location of the present pumping facility. These irrigation water rights are still used for their decreed purposes, and nothing herein affects, modifies, or abandons those existing water rights. The application in this matter seeks confirmation of an additional water right from the Arbogast Pumping Plant diversion structure for new and additional uses with a junior priority. AMENDED THIRD CLAIM GROUND WATER RECHARGE WELLS 11.Names of Wells and permit, registration, or denial numbers: Horsethief Canyon State Wildlife Area Wildlife Pond #1, Horsethief Canyon State Wildlife Area Wildlife Pond #2, Horsethief Canyon State Wildlife Area Wildlife Pond #3, Horsethief Canyon State Wildlife Area Wildlife Pond #6 All structures are currently unpermitted. 12. Legal description of the recharge wells: The wildlife ponds were constructed by excavating depressions for holding water, and as such have no traditional well, dam or dike structures associated with them. Legal description is by reference to the mid-point of the pond. A. Horsethief Canyon State Wildlife Area Wildlife Pond #1: The mid point of Pond 1 is located in the NE¼ NW¼ Section 14, T1N, R3W, Ute P.M., Mesa County, at a point which bears South 57 degrees 51 minutes East a distance of 1556 feet from the NW corner of Section 14, in the Horsethief Canyon State Wildlife area. Lat./Long. = N39°-09'-43", W108Ε-47'-21". B. Horsethief Canyon State Wildlife Area Wildlife Pond #2: The mid point of Pond 2 is located in the SW¼ SW¼ Section 11, T1N, R3W, Ute P.M., Mesa County, at a point which bears North 09 degrees 16 minutes East a distance of 522 feet from the SW corner of Section 11, in the Horsethief Canyon State Wildlife Area. Lat./Long. = N39°-09'-56", W108°-47'-37". C. Horsethief Canyon State Wildlife Area Wildlife Pond #3: The mid point of Pond 3 is located in the NE¼ SE¼ Section 10, T1N, R3W, Ute P.M., Mesa County, at a point which bears North 14 degrees 52 minutes West a distance of 1551 feet from the SE corner of Section 10, in the Horsethief Canyon State Wildlife Area. Lat./Long. = N39°-10'-06", W108°-47'-43". D. Horsethief Canyon State Wildlife Area Wildlife Pond #6: The mid point of Pond 6 is located in the NE¼ SW¼ Section 10, T1N, R3W, Ute P.M., Mesa County, at a point which bears North 46 degrees 49 minutes East a distance of 3376 feet from the SW corner of JULY 2005 RESUME WATER DIVISION 5 PAGE 22

Section 10, in the Horsethief Canyon State Wildlife Area. Lat./Long. = N39°-10'-13", W108°-48'-14". 13. A. Source: Colorado River B.Depth: Horsethief Canyon State Wildlife Area Wildlife Pond #1:2.06 feet (average)Horsethief Canyon State Wildlife Area Wildlife Pond #2: 2.10 feet (average) Horsethief Canyon State Wildlife Area Wildlife Pond #3: 3.58 feet (average) Horsethief Canyon State Wildlife Area Wildlife Pond #6: 2.63 feet (average) 14. A. Date of Appropriation: December 31, 1992. How Appropriation was initiated: Excavation of ponds, and delivery of water for recharge. Date water was applied to beneficial use: December 31, 1992. 15.Amount claimed: All inflow to Pond Nos. 1, 2, 3, and 6 from the Abrogast Pipeline described in paragraphs 3-17 above, minus any evaporative losses. The potential evaporative losses or depletions from the structures are as follows: A. Horsethief Canyon State Wildlife Area Wildlife Pond #1: Total Capacity: 3.19 Acre-feet. Surface Area at Total Capacity: 1.55 Acres. Estimated annual evaporation: 6.77 acre-feet. B. Horsethief Canyon State Wildlife Area Wildlife Pond 2: Total Capacity: 3.37 Acre-feet. Surface Area at Total Capacity: 1.60 Acres. Estimated annual evaporation: 6.99 acre-feet. C. Horsethief Canyon State Wildlife Area Wildlife Pond #3: Total Capacity: 4.87Acre-feet Surface Area at Total Capacity: 1.38 Acres. Estimated annual evaporation: 6.03 Acre-feet. D.Horsethief Canyon State Wildlife Area Wildlife Pond #6: Total Capacity: 0.79 Acre-feet. Surface Area at Total Capacity: 0.30 Acres. Estimated annual evaporation: 1.31 Acre-feet. 16. Use or proposed use: Evaporation, Wildlife, Wildlife habitat, Stock, Recreation, Fishery and Ground Water Recharge. If non-irrigation, describe purpose fully: Horsethief Canyon State Wildlife AreaHCSWA) is located in Mesa County, Colorado along the Colorado River. The area is developed and managed as a wildlife replacement area under the Grand Valley Unit, Colorado River Water Quality Improvement Program. The series of ponds for which the storage rights are being filed are part of the wildlife developments at HCSWA. The ponds are managed for resident and migratory wildlife, and involves managing water to promote desirable aquatic and shoreline vegetation, to promote production of invertebrates as a major food source for shorebirds and waterfowl; and to provide appropriate water depths and mudflats for feeding, brood rearing, and resting. Use of pond areas at HCSWA is for shorebird and waterfowl migration stops from late February to early June and then again in the late August to November period, as well as year round use by resident wildlife populations. Management of the pond system requires that ponds be filled, allowed to drain and refilled in order to provide desired wildlife habitat conditions, feed, and a means to facilitate vegetation control. The filling of these ponds, and draining of the ponds to the surrounding aquifer recharges the aquifer through these well structures. 17. Name and address of owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. The address for the wildlife area within which all of the ponds described in the application and amended application are located is: Same as applicant. 18. Remarks: There is no pumping from these excavated ponds. Water is diverted into, and stored in, these excavated ponds through the Arbogast Pipeline in order to maintain water levels, and recharge ground water in amounts greater than evaporation of groundwater that occurs from these structures at certain water levels. Water consumption is through evaporative loss only. 31. 03CW62 (84CW191) GARFIELD COUNTY-MONUMENT GULCH TRIBUTARY TO THE COLORADO RIVER. David Furr; P.O. Box 186; DeBeque, CO 81630 970-260-2636. Furr Spring No. 1, No. 2 & No. 3- 2nd Amended Application For Finding of Diligence. Location: Furr Spring No. 1- SW¼NE¼ of Sec.22, T.7S., R.95W. of the 6th P.M. 3,200 ft. from the south sec. line and 1,775 ft. from the east sec. line. Appropriation: Jun. 18, 1983. Amount: 0.189 cfs, conditonal. Use: irrigation. Furr Spring No. 2- SE¼SE¼ of Sec. 22, T.7S., R.95W. of the 6th P.M., 1,262 ft. from the south sec. line and 650 ft. from the east sec. line. Appropriation: May 22, 1981. Amount: 0.100 cfs, conditional. Use: domestic. Furr Spring No. 3- SE¼SE¼ of Sec. 22, T.7S., R.95W. of the 6th P.M., 1 ft. from the south sec. line and 675 ft. from the east sec. line . Appropriation: June 18, 1983. Amount: 0.145 cfs, conditional. Use: domestic & irrigation. An outline of work completed during the diligence period is included in the application. (8 pages) 32. 03CW71 GRAND COUNTY, FRASER RIVER, COLORADO RIVER. Applicant: Fraser River Ranch, Inc., ℅ Donald R. Hackstaff, Vice President, 6990 West 9th Place, Lakewood, CO 80214. SECOND AMENDED APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS. Name of Structure: Fraser River Ranch Ditch No. 1; Legal Description: That portion of the NE3 and the S2 lying southwesterly of the southwesterly right of way line of the Denver & Rio Grande Western railroad right of way, and northeasterly of the northeasterly right of way line of Grand County Road No. 57, Section 36, Township 2 North, Range 77 West of the 6th P.M., Grand County, Colorado, at a point which is 900 feet West of the East Section Line and 1,750 feet North from the South Section Line of said Section 36. Name of Structure: Fraser River Ranch Ditch No. 2. Legal Description: That portion of the NE3 and the S2 lying southwesterly of the southwesterly right of way line of the Denver & Rio Grande Western railroad right of way, and northeasterly of the northeasterly right of way line of Grand County Road No. 57, Section 36, Township 2 North, Range 77 West of the 6th P.M., Grand County, Colorado, at a point which is 1,300 feet West of the East Section Line and 2,300 feet North of the South Section Line of said Section 36. Appropriation Date: November 17, 1992. Amounts: 1.20 c.f.s. conditional, 1.00 c.f.s. conditional, respectively. Use: Irrigation of crops and grasses, stockwatering, wildlife propagation, piscatorial agriculture, fire protection and recreation. Appropriation Initiated: Historic irrigation of crops and grasses related to agricultural operations which have been conducted on the subject property for over the past 120 years, as wells as stockwatering, wildlife propagation, piscatorial, fire protection and recreation. Name and address of owner of land upon which structure is located: Applicant. (4 pages). 33. 03CW174 (97CW77), SUMMIT COUNTY, ALLUVIUM AND FRACTURED BEDROCK TRIBUTARY TO THE SWAN RIVER. Peter & Patricia Janes, 2734 Estates Dr., Breckenridge, CO 80424, c/o Alan F. Barton, Esq., P.O. Box 4601, Frisco, CO 80443, (970)668-8844. Amended Application to Make Conditional Water Right Absolute. Structure: Well SE-62. Description of JULY 2005 RESUME WATER DIVISION 5 PAGE 23 conditional water right: Date of Original Decree: Mar. 28, 1991; Case No. 90CW245; Water Court/Div. 5. Legal Description: SW¼SW¼ of Sec. 16, T.6S., R.77W., 6th P.M., at a point approximately 200 ft. from the south sec. line and 900 ft. from the west section line of said Sec. 16. Appropriation date: Oct. 30, 1989. Amount: 13 gpm, Use: in-house domestic. (2 pages) 34. 03CW324 Eagle, Garfield, Pitkin and Summit Counties – McFarlane Gulch, Roaring Fork River. First Amended Application for Water Rights and Approval of Plan for Augmentation. Black Diamond Development Corporation c/o Scott M. Balcomb and Sara M. Dunn, Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. First Claim: Application for Surface Water Right. Name of Structure: McFarlane Pipeline. Legal Description of Point of Diversion: a point on the S. bank of McFarlane Creek in Sec. 29, T. 10 S., R. 84 W. of the 6th P.M. which bears N. 22 degrees 21’14”W. 1,140 ft. from the SW corner of Sec. 28, T. 10 S. R. 84 W. of the 6th P.M. Source: McFarlane Gulch, tributary to the Roaring Fork River. Appropriation Date: 11/12/2004, by field observation, completing an engineering design to construct the pond and pipeline, and intent to appropriate water rights. Amt. 0.5 c.f.s., conditional. Uses: to fill and refill McFarlane Pond, Black Diamond Pond and Lodge Pond. These ponds will be used for fire protection, stock watering, recreational, piscatorial and direct wildlife usage. Owner of Land upon Which the Structure will be Located: United States Forest Service, Office of the White River National Forest, 806 W. Hallam, Aspen, CO 81611. Second Claim: Application for Storage Right. Name of Structure: Lodge Pond. Legal Description of Reservoir: SW 1/4 SW 1/4 of Sec. 28, T. 10 S., R. 84 W., 6th P.M., 1,010 ft. N. of the S. Sec. Line and 710 ft. E. of the W. Sec. Line. Name, Capacity and Source of Ditches Used to Fill the Pond: McFarlane Pipeline; Black Diamond Ditch: 2.0 c.f.s. diverting from the Roaring Fork River in the SW 1/4 of Sec. 28, T. 10 S., R. 84 W., 6th P.M., whence the SW corner of said Sec. 28 bears S 34 degrees 42’43” W for a distance of 1337.73 ft. and whence the W. 1/16 corner of said Sec. 28 and Sec. 33 bears S 26 degrees 52’25” E for a distance of 1234.52 ft., as decreed in Case No. 02CW232; and McFarland Ditch, 2.0 c.f.s. diverting from the Roaring Fork River in the SW 1/4 of Sec. 28, T. 10 S., R. 84 W., 6th P.M., whence the southwest corner of said Sec. 28 bears S 39 degrees 51’23” W for a distance of 1229.80 ft. and whence the W. 1/16 corner of said Sec. 28 and Sec. 33 bears S 29 degrees 20’48” E for a distance of 1084.83 ft. as decreed in Case No. 02CW232. Appropriation Date: 11/12/2004, by field observation, completing an engineering design to construct the ponds and pipeline, and intent to appropriate water rights. Amt. 0.25 a.f., conditional. Uses: Fire protection, stock watering, recreational, piscatorial and direct wildlife usage. Surface Area High Waterline: 0.037 acres. Max. Height of Dam: 6 ft. Max. Length of Dam: 100 ft. Total Capacity of Pond: 0.25 a.f. Active Storage: 0.25 a.f. Dead Storage: None. Name of Owner of Land upon Which the Structure will be Located: Applicant. Third Claim: Application for Storage Right. Name of Structure: Benson Pond. Legal Description of Reservoir: SW 1/4 SW 1/4 of Sec. 28, T. 10 S., R. 84 W., 6 P.M., 760 ft. N. of the S. Sec. Line and 750 ft. E. of the W. Sec. Line. Source Used to Fill the Pond: irrigation tailwater. Appropriation Date: 11/12/2004, by field observation, completing an engineering design to construct the ponds and pipeline, and intent to appropriate water rights. Amt. 0.10 a.f., conditional. Uses: Fire protection, stock watering, recreational, piscatorial and direct wildlife usage. Surface Area High Waterline: 0.014 acres. Max. Height of Dam: 5 ft. Max. Length of Dam: 75 ft. Total Capacity of Pond: 0.10 a.f. Active Storage: 0.10 a.f. Dead Storage: None. Name of Owner of Land upon Which the Structure will be Located: E. Stephen Benson, 885 Park Avenue, Penthouse B., New York, NY 10021. Fourth Claim: Application for Underground Water Right. Name of Structure: Black Diamond Well. Legal Description of Well: SW1/4 SW1/4 of Sec. 28, T. 10 S., R. 84 W., 6 P.M., 1,105 ft. N. of the S. Sec. Line and 300 ft. E. of the W. Sec. Line. Use: Ordinary household use in one single-family dwelling, no outside use. Source: groundwater tributary to the Roaring Fork River. Depth: 60 ft. Amt. 0.7 a.f. Appropriation Date: 11/12/2004, by field observation and intent to appropriate water rights. Amt. 15 g.p.m., conditional. Name of Owner of Land upon Which the Structure will be Located: Applicant. Fifth Claim: Request for Approval of Plan for Augmentation Including Exchange. Applicant requests approval of a plan for augmentation including exchange as follows: Name of structures to be augmented: Vulcan Pond System as decreed in Case No. 02CW232 (a/k/a McFarlane Pond and Black Diamond Pond); McFarlane Pipeline, Lodge Pond, Benson Pond and Black Diamond Well as described above; and Cabin Ditch, as applied for in Case No. 02CW298. Water rights to be used for augmentation: Ruedi Reservoir, pursuant to Water Allotment Contract No. 461 with the Basalt Water Conservancy District. Source: Fryingpan River, tributary of Colorado River. Legal description: an on-channel reservoir located in Sects. 7, 8, 9, 11, and 14 through 18, T. 8 S., R. 84 W. of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: 06/20/1958. Appropriation Date: 07/29/1957. Case No. C.A. 4613, Garfield County District Court. Decreed Amount: 102,369 a.f. (Originally decreed for 140,697.3 a.f.; reduced to 102,369 a.f. in Case No. W-789-76). Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 a.f., conditional. In Water Court Case No. 95CW95, 44,509 a.f. was made absolute. Green Mountain Reservoir, pursuant to Water Allotment Contract No. 461 with the Basalt Water Conservancy District. Source: Blue River, tributary of Colorado River. Legal Description: located approximately 16 miles SE of the Town of Kremmling in Summit County, CO, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of T. 2 S., R. 80 W., and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W. of the 6th P.M. Adjudication Date: 10/12/1955. Appropriation Date: 08/01/1935. Case Nos.: 2782, 5016, and 5017, United States District Court, District of Colorado. Decreed Amount: 154,645 a.f. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Troy Ditch and Edith Ditch rights pursuant to Water Allotment Contract No. 461 with the Basalt Water Conservancy District. JULY 2005 RESUME WATER DIVISION 5 PAGE 24

PRIO COU ADJ APP DECREE USE AMOUNT SOLD, TRANSFERRED AMOUNT STR RITY RT DATE DATE D OR RESERVED REMAINING UCT CASE AMOUN (4) (10) URE NO. T (CFS) (5) (6) (7) (8) (9) CFS a.f.

Troy 370 3082 08/25/19 05/01/19 5.10 I 0.000 0.000 0.09 0.06 0.035 4.906 n/a Ditc 36 06 5 4 h (1)

Troy 427 3082 08/25/19 05/01/19 10.80 I 0.000 0.000 0.20 0.13 0.073 10.39 n/a Ditch 36 28 0 4 3 1st Enlg

Troy 669 4613 06/20/19 06/01/19 6.20 I 0.000 0.000 0.11 0.07 0.042 5.966 n/a Ditch 58 42 5 7 2nd Enlg

Edith 353 3082 08/25/19 05/01/19 2.72 I 0.110 0.132 0.05 0.00 0.018 2.410 n/a Ditch 36 04 0 0 0

Edith 673 4613 06/20/19 07/01/19 3.23 I 0.000 0.000 0.06 0.00 0.022 3.148 n/a Ditch 58 46 0 0 1st Enlg

Troy (2) W- 15.50(3) I,D, 0.110 0.132 0.52 0.27 0.190 14.27 412.89 Ditch 2281 M 0 0 5 3 Water C,P System aka Lower Headgat e

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 a.f. of consumptive use, 300 a.f. of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 a.f. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 a.f. assumed to be included). (7) Deeded to George Yates with 15.4 a.f. in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 a.f. assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 a.f. Case No. 91CW220. (10) A total of 40.11 a.f. of the original 453.00 a.f. has been sold or transferred. JULY 2005 RESUME WATER DIVISION 5 PAGE 25

In Case No. W-2281, Division 5, the Court decreed that 453 a.f. of annual consumptive-use credits were available to these ditches, and that 300 a.f. could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 a.f. of the 453 a.f., and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Fryingpan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Fryingpan River. Robinson Ditch rights pursuant to an allotment contract with the Basalt Water Conservancy District.

STRUCTUR DECREE AMOUNT ADJ. DATE APP. PRIORIT CASE E D OWNED BY DATE Y NO. (2) AMOUNT BWCD (cfs)(1) / cfs ROBINSON 5.00 1.21 05/11/1889 06/15/188 38 132 DITCH 2 ROBINSON 2.50 0.60 05/11/1889 04/15/188 140 132 DITCH 6 ROBINSON 2.00 0.48 05/11/1889 11/15/188 167 132 DITCH 6 ROBINSON 10.70 2.59 12/29/1903 04/25/189 212C 1061 DITCH 9 ROBINSON 20.06 4.85 08/25/1936 04/25/190 326 3082 DITCH 0 The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. District Court in and for Garfield County. Legal Description of Point of Diversion: The point of diversion as decreed is located on the N. bank of the Roaring Fork River one- half mile below the mouth of Sopris Creek in Sec. 11, T. 8 S., R. 87 W., 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 a.f. of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Vulcan Pond System including the McFarlane Pond and the Black Diamond Pond, as decreed in Case No. 02CW232. Source: McFarlane Gulch and the Roaring Fork River. Legal Description: as described in Case No. 02CW232 and shown on Exhibit B attached to the Application on file with the Court. Adjudication Date: 08/30/2002. Appropriation Date: 07/24/2002. Case No. 02CW232, District Court for Water Division 5. Decreed Amt: 1.38 a.f. conditional, cumulative, for the entire Vulcan Pond System with the right to fill and refill when water is physically and legally available. Decreed Uses: Irr., fire protection, stock watering, augmentation, recreation, and piscatorial which includes wildlife usage of pond areas. Statement of Plan for Augmentation including exchange, covering all applicable matters under C.R.S. §§ 37-92-103(9), 302(1)(2), and 305(8): Applicants are developing a property referred to as the Morningstar Preserve, a small residential development consisting of nine individual residential lots adjacent to the Roaring Fork River. The domestic in-house water will be supplied by existing exempt wells with the exception of one residential lot which will require issuance of a new well permit pursuant to C.R.S. § 37-90-137. Annual water use for the Black Diamond Well is expected to be 0.68 a.f. per year. No outdoor use will be permitted from the Black Diamond Well. Water will be released from Ruedi Reservoir or Green Mountain Reservoir pursuant to an allotment contract with the Basalt Water Conservancy District sufficient to offset depletions within the Preserve associated with evaporative pond loss estimated to be 0.53 a.f., based on the 0.219 acres of surface area associated with the four ponds, domestic in-house use from the Black Diamond Well and irrigation of lawn and garden areas. The Basalt Water Conservancy District allotment contract will cover year-round depletions. Once a call has been placed on the Roaring Fork River, releases will be made from McFarlane Pond to offset the Black Diamond Well domestic depletion and irrigation consumptive use requirements. The total annual irrigation diversion requirement for 0.98 acres will be 1.79 a.f. The water levels in the McFarlane Pond, the Black Diamond Pond, the Lodge Pond, and the Benson Pond will be reduced as necessary to offset their individual evaporative losses and no new storage will take place. Applicant claims a conditional right of exchange for 2.0 c.f.s., for up to 4.4 a.f. (with a consumptive use of 3.13 a.f.) annually, with an appropriation date of November 12, 2004. The upstream terminus of the augmentation by exchange described above is the points of diversion for the McFarlane Pipeline, the Cabin Ditch, the Black Diamond Ditch, and the Black Diamond Well, as described above. The downstream terminus is the confluence of the Roaring Fork River and the Colorado River. (13 pages + 11 exhibits) 35. 04CW99 Garfield County; Amended Application for Underground Water Right, Storage Water Right, and Change in Plan of Augmentation; Mark Sills, c/o The Noone Law Firm, P.C., Christina Sloan, 1001 Grand Avenue, Suite 207, Glenwood Springs, JULY 2005 RESUME WATER DIVISION 5 PAGE 26

CO 81601; Purpose of Amendment: The original Application was filed on June 30, 2004 for a storage water right and a change in plan for augmentation. The purpose of this amendment to the Application is to add a claim for an underground water right and to identify said structure as the sole structure to be augmented under the Change in Plan for Augmentation, instead of the previously identified Kay’s Korner Well Nos. 1 and 2. All other information contained in the original Application remains unchanged, as restated herein. CLAIM FOR UNDERGROUND WATER RIGHT; Name of Structure: Sills Well No. 1. Legal Description: The well is located in the NW1/4 SW1/4, Sec. 19, T.5 S., R.92 W., 6th P.M.; 1890 ft. from the S. line and 4263 ft. from the E. line of Sec. 19. See Exhibit A: Well Location Map. Source: Rifle Creek, tributary to Colorado River. Proposed Depth: 150 feet. Appropriation Information: Date of Appropriation: Date this Amended Application was filed. How Appropriation was initiated: By field investigation and formation of intent to appropriate water. Date water Applied to Beneficial use: n/a. Amount Claimed: 15 g.p.m. conditional. Proposed Use: Domestic use inside six (6) single family dwellings, livestock watering of up to six animals, irrigation of up to 00.067 acres of lawn and gardens (485 sq. feet per dwelling unit), fire protection and pond evaporation. Name and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or any modification to an existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: Applicant. CLAIM FOR STORAGE RIGHT; Name of Structure: Sills Pond No. 1. Legal Description: The center of Sills Pond No. 1 will be located in Section 19, Township 5 South, Range 92 West of the 6th P.M., at a point 840 feet from the West Section line and 2170 feet from the South Section of said Section 19. Source: Runoff and return flows, tributary to Rifle Creek, tributary to Colorado River. Surface area of high water line: 00.06 acre. Maximum height of dam in feet: 9.9. Length of dam in feet: 100. Appropriation Information: Date of Appropriation: July 1, 2002. How Appropriation was initiated: By field investigation and formation of intent to appropriate water. Date water Applied to Beneficial use: n/a. Amount Claimed: 0.16 AF, conditional (50,000 gal.) Proposed Uses: Fish culture, livestock watering, fire protection, irrigation, and augmentation purposes described herein and the right to fill and refill said pond whenever water is available in priority or at such times as any out-of-priority depletions are offset by implementation of the augmentation plan. Evaporation Losses: Evaporation losses will occur from the surface of Sills Pond No. 1, according to the schedule set forth in the Amended Application on file with the Water Court. Name and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or any modification to an existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: Applicant. CLAIM FOR CHANGE IN EXISTING PLAN FOR AUGMENTATION; Name of Structures to be Augmented: Sills Well No. 1; Sills Pond No. 1. Property on which Augmentation Water will be Used: Creek Side Estates will be a residential subdivision of six (6) residential lots on 15.37 acres of land owned by the Applicant. The lots range from 2.02 to 3.08 acres in size. The proposed subdivision lays adjacent to State Highway 325 (Porcupine Creek Road), approximately four (4) miles north of the City of Rifle. This parcel of land is located in a portion of Section 19, Township 5 South, Range 92 West, of the 6th P.M. Statement of Plan of Augmentation: As set forth in the original application, diversions through the Sills Well No. 1 will be augmented by utilizing Applicant’s ownership interest in 6/30ths of the historic consumptive use credits confirmed by the Court in Case No. 81CW56 based on the May 11, 1889 decree in Civil Action No. 103, awarding to the Rifle Creek Canyon Ditch, Structure No. 5 decreed, 4.0 c.f.s. absolute with an appropriation date of March 10, 1883. Applicant’s 6/30ths of the consumptive use credits equals 0.786 AF per year. The annual consumptive use attributable to Applicant’s new uses equal 0.7353 AF and occur as outlined in the table set forth in the Amended Application on file with the Water Court. Out of priority depletions associated with the claimed uses will be augmented with Applicant’s consumptive use credits referenced above, and the new Sills Well No. 1 will provide water for the uses claimed herein and will be operated as a separate water supply system independent of the Kay’s Korner Well Nos. 1 and 2 supply system decreed in Case No. 81CW56. Pursuant to C.R.S. § 37-90-137, Applicant applied for a residential well permit in June 2005. Pursuant to C.R.S. § 37-92-305(8), the State Engineer shall curtail all out of priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. Applicant shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan of augmentation. Applicant shall also file an annual report with the Division Engineer by November 15th following each preceding irrigation year (November 1 through October 31) summarizing diversions and replacements made under this plan). The dry-up of historically irrigated lands that provides Applicant’s consumptive use credits has been completed. Applicant’s land is comprised of Lots 1 through 5 and Common Area, Block 2, Rifle Creek Ranch Subdivision. This parcel was originally owned by Ann C. Robinson at the time of the 81CW56 decree, later bought by Patricia and J.C. Owens, and then later sold to the Applicant. As of 2000, J.C. Owens had dried up 2.83 acres of common area and approximately .75 acres of road known as the Creek Side Drive, which represents the approximately 3.58 acres for which the Applicant is responsible under the 81CW56 decree. Applicant executed and recorded covenants, as required by Section 8B of the 81CW56 decree that limits water use to domestic use, stockwatering of one head of livestock per lot, and irrigation of no more than 1,000 square feet per lot. Depletions: The total annual consumptive use of 0.7353 AF attributable to the claimed uses are outlined in Section III.3., above. Accounting for the lag time depletions from the Sills Well No. 1 will be developed in coordination with the Division Engineer. (7 pages) 36. 05CW99 (98CW11) MESA COUNTY-EAST SALT CREEK TRIBUTARY TO THE COLORADO RIVER. Gilbert Angelotti; 1776 9 Rd.; P.O. Box 99; Mack, CO 81525 (970)858-9195. Deaton Diversion Alternate #1 & Alternate #2 and Deaton Wildlife Pond #1-Amended Application for Finding of Diligence. Locations: Deaton Diversion Alternate #1-SW¼NE¼SE¼ of Sec. 22, T.9S, R.103W. of the 6th P.M., 1,900 ft. from the south sec. line and 2,450 ft. from the east sec. line. Deaton Diversion Alternate JULY 2005 RESUME WATER DIVISION 5 PAGE 27

#2-NW¼SW¼NE¼ of Sec. 22, T.9S, R.103W. of 6th P.M. 2,300 ft. from the south sec. line and 1,600 ft. from the west sec. line. Wildlife Pond-SW¼NW¼SE¼ of Sec. 22, T.9S, R. 103W. of the 6th P.M. 1,700 ft. from the south sec. line and 2,500 ft. from the east sec. line. Appropriation for all structures: Feb. 4, 1998. Amount: Deaton Diversion Alternate #1 & #2 -0.75 cfs, conditional, each; Deaton Wildlife Pond-1.75 af, conditional. Use for all structures: irrigation, wildlife habitat and fire protection. (3 pages) 37. 05CW103 (98CW239) MESA COUNTY-EAST SALT CREEK TRIBUTARY TO THE COLORADO RIVER. David & Janet Coombe; P.O. Box 154; Mack, CO 81525 (970)858-8250. JD No. 1 Pump-Amended Application To Make Absolute. Location: NE¼SE¼ of Sec. 15, T.9S, R.103W. of the 6th P.M. 1,400 ft. from the south sec. line and 800 ft. from the east sec. line. Appropriation: Dec. 16, 1998. Amount: 0.50 cfs, absolute. Use: irrigation & livestock water. An outline of work completed during the diligence period is included in the application. The applicant also formally abandons their water right request for JD No. 2 Diversion. (2 pages) 38. 05CW114 Eagle County; First Amended Application for Conditional Underground Water Rights, Storage Water Rights, and Approval of Plan for Augmentation. Alex Kim and Laura Foster, c/o The Noone Law Firm, P.C., 1001 Grand Avenue, Suite 207, Glenwood Springs, CO 81601. CLAIM FOR CONDITIONAL UNDERGROUND WATER RIGHTS: Name of Structure: Dragonfly Well. Legal Description: SW ¼ SE ¼, Sec. 27, T. 7 S., R. 87 W., 6th P.M., 1,000 feet from the South line and 2000 feet from the East line of said Sec. 27. See Exhibit A, Figure 1: Location Map on file with original application. Source: Groundwater tributary to Blue Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Depth of Well: 200 feet. Appropriation Information: Date of Appropriation: September 27, 2002 (Permit No. 241419). How Appropriation was Initiated: By drilling of well and application to beneficial use. Date Water Applied to Beneficial Use: September 27, 2002. Amount Claimed: 15 gpm, conditional. Proposed Uses: In-house domestic use for two single-family homes, two additional dwelling units (ADUs), a barn, a commercial kitchen, irrigation of up to 10,000 square feet for lawn and garden, and fire protection. CLAIM FOR STORAGE WATER RIGHTS; Name of Structure: Laura’s Pond. Legal Description of the Location of the Dam: SW ¼, SE ¼ of Section 27, Township 7 South, Range 87 West, of the 6th P.M. in Eagle County a distance of 550 feet North of the South line and 2010 feet West of the East line. See Exhibit A, Figure 1: Location Map on file with original application. Source: Tributary local runoff and the Dragonfly Well, which diverts from groundwater tributary to Blue Creek, tributary to the Roaring Fork River, tributary to the Colorado River, as more fully described above. Date of Appropriation: July 5, 2005. How Appropriation was initiated: By field investigation, development of pond design, volume estimates, cost estimates and formation of intent to appropriate. Date Water Applied to Beneficial Use: N/A. Amount Claimed: 2.3 acre feet (AF), conditional. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 1.0 c.f.s. If irrigation, describe purpose fully: Irrigation of lawn and garden up to 10,000 square feet. Irrigation for hay production will continue by Applicants’ shares in the Missouri Heights-Mountain Meadow Irrigation Company. If non- irrigation, describe purpose fully: Aesthetics, fish propagation, fire protection, and fill and refill said pond whenever water is available in priority or at such times as any out-of-priority depletions are offset by implementation of the augmentation plan described below. Surface Area of High Water Line: 0.40 acres. Maximum Height of Dam in Feet: 8 feet. Length of Dam in Feet: 100 feet. Total Capacity of Reservoir in Acre Feet: 2.3 AF. Active Capacity: 2.3 AF. Dead Storage: 0.0 acre feet. Name and Address of Owner of Land on which storage structure will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicants. REQUEST FOR APPROVAL OF PLAN OF AUGMENTATION; Names of structures to be augmented: Dragonfly Well and Laura’s Pond. Description of Water Rights to be Used for Augmentation: Applicants will utilize water provided under a water service contract with the Basalt Water Conservancy District (BWCD) for 3.0 acre feet of water, which conservatively assumes depletions from the Dragonfly Well and Laura’s Pond are always out of priority. A description of BWCD’s water rights is as follows: Information from the previous decree for Green Mountain Reservoir: Source: Blue River, tributary of Colorado River. Legal Description: Located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. Adjudication Date: October 12, 1955. Appropriation Date: August 1, 1935. Case No.: 2782, 5016, and 5017 Court: United States District Court, District of Colorado. Decreed Amount: 154,645 AF. Decreed Uses: In accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Information from the previous decree for Ruedi Reservoir: Source: Frying Pan, tributary of Colorado River. Legal Description: An on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: June 20, 1958. Appropriation Date: July 29, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Decreed Amount: 102,369 AF (Originally decreed for 140, 697.3 AF; reduced to 102, 369 AF in Case No. W-789-76). Decreed Uses: Generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF, conditional. In Water Court Case No. 95CW95, 44,509 AF was made absolute. Information from previous decrees for Troy and Edith Ditch rights: See table included in the original application. In Case No. W-2281, Division 5, the Court decreed that 453 AF of annual consumptive-use credits were available to these ditches, and that 300 AF could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 AF of the 453 AF, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. Statement of Plan for Augmentation: The Kim Property JULY 2005 RESUME WATER DIVISION 5 PAGE 28 consists of 47 acres and has historically been irrigated by shares in the Missouri Heights-Mountain Meadow Irrigation Company. In addition to the irrigation water, there is an exempt domestic well on the property (Permit No. 241419) permitted to serve one (1) single-family home, irrigate up to one (1) acre of lawn and garden, and watering of domestic animals. Since the current well permit does not allow for commercial use, a new well permit is required, which, in turn, requires a plan for augmentation. Applicants plan to continue to irrigate the property as a hay-production ranch with 190 shares from the Missouri Heights-Mountain Meadow Irrigation Company. However, the Dragonfly Well will be used to irrigate 10,000 square feet of lawn and garden. As stated above, in addition to the lawn and garden irrigation, other proposed new water uses to be served by the existing Dragonfly Well include two (2) single- family residences, two (2) ADUs, a barn, a commercial kitchen operated in the barn, and fill and refill of a 35,000 gallon storage tank exclusively dedicated to fire protection and Laura’s Pond. In summary, Applicants seek approval of this plan for augmentation to replace out of priority in-house domestic use for the single family residences, ADUs, lawn and garden irrigation, commercial catering purposes and fire protection as well as depletions associated with the diversions made through the Dragonfly Well and evaporations from Laura’s Pond. Total estimated consumption for all uses, as more fully described below, is estimated at 2.32 AF per year. See Exhibit B, Table 1: Kim and Foster Dragonfly Well Diversion and Depletion Requirements attached to original application. Water Demands and Depletions: Lawn and Garden Irrigation: Applicants will divert 0.592 AF per year for 10,000 square feet area of lawn and garden irrigation. Associated depletions will total approximately 0.473 AF per year. See Exhibit B, Table 1: Kim and Foster Dragonfly Well Diversion and Depletion Requirements attached to original application. Evaporation from Pond Storage: Laura’s Pond, with a water surface area of 0.40 acres, will be kept full at all times during the irrigation season, resulting in a gross evaporation of 1.5 AF per year. See Exhibit B, Table 1: Kim and Foster Dragonfly Well Diversion and Depletion Requirements contained in original application. In House Demands for Single Family Home(s), ADUs, and Commercial Kitchen. In-house water demands, including use in the barn for the commercial kitchen, are expected to be 2,000 gallons per day, or 2.240 AF per year. Associated depletions, using a septic tank/leachfield system to treat wastewater, will total approximately 0.336 AF per year. See Exhibit B, Table 1: Kim and Foster Dragonfly Well Diversion and Depletion Requirements contained in original application. Lagged Depletions: Accounting for the lag-time depletions from the Dragonfly Well will be developed in coordination with the Division Engineer. Augmentation Releases: Out-of-priority stream depletions will be augmented by releases of BWCD contract water from either Ruedi Reservoir, Green Mountain Reservoir, or bypassed at the headgate of the Troy and Edith Ditch as necessary to satisfy any downstream calls. Specifically, BWCD will release water pursuant to the direction of the division engineer or water commissioner. Furthermore, Applicants will install such measuring devices and provide such accounting as the Division Engineer and BWCD may require. Implementation of this augmentation plan will prevent injury to absolute water rights or decreed conditional water rights water rights. Name and address of the owner or reputed owner of land upon which any new diversion or modification to any existing diversion is or will be constructed: Applicants. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2005 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.