IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of December 2005.

The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:

1. Case No. 05CW202. Applicant: Mary McCarney, PO Box 685, Paonia, CO 81428. Type of Application: Application for Storage Water Right. Name of Structure: McCarney Pond. Location: SW ¼ of the NW ¼ of Section 26, Township 13 S, Range 92 W, 6th PM. Distance from Section Lines: 1500 feet from north and 200 feet from west. Source: Spring fed. Appropriation Date: 1976. Amount Claimed: 7 acre feet absolute. Use: Spring fed ponds for wildlife. DELTA COUNTY.

2. Case No. 05CW203. APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. 1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441; c/o/ Virginia Brannon, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203, (303) 866-5118. 2. Name of natural stream: North Fork Smith Fork Gunnison River. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters of the North Fork of the Smith Fork at latitude 38° 43’ 54” N and longitude 107° 23’ 15” W as the upstream terminus and extending to the confluence of the South Fork of the Smith Fork at latitude 38° 43’ 31” N and longitude 107° 28’ 23” W as the downstream terminus, being a distance of approximately 9.4 miles. This segment can be located on the Mount Guero U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NW SW S19 T15S R89W 6PM, 374’ East of West Section Line 1973’ North of South Section Line, UTM 4289716N 0292459E, Lower Terminus = NE NW S29 T15S R90W 6PM, UTM 4289188N 0285022E. 4. a. Date of initiation of appropriation: January 25, 2005. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2005. c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 5. Amount of water claimed (ABSOLUTE): Instream flow of 3.5 cfs (Feb. 15 – Mar. 31), 6.8 cfs (Apr. 1 – July 31), 3.5 cfs (Aug. 1 – Nov. 14), and 3.0 cfs (Nov. 15 – Feb. 14). 6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102 (3) and (4) and 37-92-103 (3), (4) and (10), C.R.S. (2004). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on November 16, 2005, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. GUNNISON COUNTY.

3. Case No. 05CW204. Gunnison County, Gunnison River, Water District No. 4, Applicant: Christian James Gibson, 3240 County Road 730, Gunnison, CO 81230

1 c/o Wilderson, O’Hayre, Dawson & Frazier, P.C., 120 North Taylor Street, Post Office Box 179, Gunnison, Colorado 81230, 970-641-3326, fax 970-641-3094; Type of Application: Application for Change in Water Rights; Name of Structure: Gooseberry Mesa Irrigation Ditch; Location: On the east bank of Ohio Creek at a point from which the ¼ corner between Sections 26 and 27, T51N, R1W, N.M.P.M. bears S 74º E 1716 feet; Drainage Basin: Ohio Creek, tributary to the Gunnison River; Quantity: 0.025 c.f.s. of Priority No. 61 and 0.021 c.f.s. in Priority No. 323. All such water is claimed absolute; Appropriation Date: December 11, 1886; Use: The Gooseberry Ditch has historically been used for irrigation of lands lying thereunder in the Ohio Creek Valley. Applicant proposes to change the point of diversion of his interest in the Gooseberry Irrigation Ditch to a well to be located on Applicant’s property upon terms and conditions contained in the Application designed to prevent injury to vested water rights. GUNNISON COUNTY.

4. Case No. 05CW205. Applicant: Jim Auster and Merrilee Bliss, PO Box 716, Carbondale, CO 81623. Applications for Surface Water Rights: Goodrich Spring, SE ¼ of the NE ¼ of Section 9, Township 11 S, Range 89 W, 6th PM, 1435 feet from north section line and 250 feet from west section line, source – Goodrich Spring, Lee Creek, tributary to East Muddy Creek, appropriation date 1910, amount claimed .5 cfs absolute for irrigation, domestic, livestock, storage, fire protection, and fish propagation; Sacred Spring, SE ¼ of the NE ¼ of Section 9, Township 11 S, Range 89 W, 6th PM, 1466 feet from north section line and 680 feet from west section line, source – Sacred Spring, Lee Creek, East Muddy Creek, appropriation date 1910, amount claimed 1.0 cfs absolute for irrigation, domestic, livestock and bottled water. Applications for Storage Water Rights: Goodrich Spring Pond, SW ¼ of the NW ¼ of Section 9, Township 11 S, Range 89 W, 6th PM, 2000 feet from north section line and 800 feet from west section line, source – Goodrich Spring Ditch, Lee Creek tributary of East Muddy Creek, appropriation date 6/15/05, amount claimed 5 acre feet conditional for irrigation, fish propagation, fire protection and recreation; Sacred Spring Pond, SW ¼ of the NE ¼ of Section 9, Township 11 S, Range 89 W, 6th PM, 2575 feet from north section line and 1800 feet from east section line, source – Lee Creek, East Muddy Creek, appropriation date 6/15/05, amount claimed 300 acre feet conditional for irrigation, fish propagation, fire protection, recreation; Lower Meadow Lake, NW ¼ of the SW ¼ of Section 9, Township 11 S, Range 89 W, 6th PM, 3760 feet from north section line and 2320 feet from west section line, source – Lee Creek, East Muddy Creek, appropriation date 6/15/05, amount claimed 300 acre feet conditional for fish propagation, irrigation, fire protection, and recreation. Application for Change of Water Right: Columbine Ditch, NE ¼ of the NE ¼ of the NW ¼ of Section 10, Range 89 W, Township 11 S, 6th PM, 500 feet from the north section line and 2100 feet from the west section line, appropriation date 6/1/1916, amount claimed 3.25 cfs for irrigation. GUNNISON COUNTY.

5. Case No. 05CW206. Applicant: Richard C. Hotchkiss, 422 Riverside Drive, Hotchkiss, CO 81419. Application for Approval of Plan for Augmentation: Mazza Spring, NW ¼ of the NW ¼ of the SW ¼ of Section 25 Township 13, Range 89 W, 6th PM, 2250 feet from south and 125 feet fro west section line, source – tributary to Shaffer Creek, Anthricite, appropriation date 5/23/30, amount claimed 29.78 acre feet for domestic. Applications for Storage Water Rights: Dick’s Pond, NW ¼ of the NW ¼ of Section 25, Township 13 S, Range 89 W, 6th PM, 2250 feet from south and 125 feet from west section line, source – tributary to Shaffer Creek, Anthricite, appropriation date 5/23/30, amount claimed 29.78 acre feet absolute for fish, ducks and augmentation; Hotchkiss and Sons Pond No. 1, NE ¼ of the NE ¼ of the SE ¼ of Section 36, Township 12 S, Range 89 W, 6th PM, 2310 feet from south and 569

2 feet from east section line, source – Tributary to Anthricite, appropriation date 8/22/05, amount claimed 1.5 acre feet conditional for stock water and fish; Mazza Pond, NW ¼ of the SW ¼ of Section 25, Township 13 S, Range 89 W, 6th PM, 1241 feet from south and 470 feet from west section line, source – Vogel Creek and a spring, tributary to Anthricite, appropriation date 7/18/05, amount claimed 15 acre feet conditional for fish, stock water, wildlife and augmentation; Vogel Pond, NE ¼ of the SE ¼ of the NW ¼ of Section 25, Township 13 S, Range 89 W, 6th PM, 1904 feet from north and 1948 feet from west section line, source – Vogel Creek, Anthricite, appropriation date 7/18/05, amount claimed 15 acre feet conditional for fish stock water, wildlife and augmentation. Application for Underground Water Right: Hotchkiss & Sons Well #1, NE ¼ of the NE ¼ of the SE ¼ of Section 36, Township 12 S, Range 89 W, 6th PM, 2615 feet from south and 311 feet from east section line, source – tributary Deep Creek, Muddy Creek, appropriation date 8/22/05, amount claimed 15 gallons per minute absolute / .033 cfs acre feet annually for domestic, stock water, and lawn irrigation. Applications for Surface Water Rights: Mazza Spring #2, NE ¼ of the SW ¼ of the SW ¼ of Section 25, Township 13 S, Range 89 W, 6th PM, 1021 feet from south and 970 feet from west section line, source – Mazza property, spring tributary to Anthricite, appropriation date 1939, amount claimed .05 cfs absolute for domestic, lawn, garden, to fill Dick’s Pond; Mazza Spring #1, NW ¼ of the SW ¼ of the SW ¼ of Section 25, Township 13 S, Range 89 W, 6th PM, 1878 feet from south and 1203 feet from west section line, source – spring tributary to Anthricite, appropriation date 9/27/05, amount claimed .033 cfs absolute for domestic use. GUNNISON COUNTY.

6. Case No. 05CW207. Applicant: Northumberland Group LLC, 13420 CR 265, Somerset, CO 81434. Applications for Storage Water Rights: Name, Location, Distance from Section Lines, Appropriation Date, Amount Claimed, Use - FMP #1 SE ¼ of the NE ¼ of the SE ¼ of Section 10, T 11 S, R 91 W, 6th 1832 feet from south and 489 feet from east, appropriation 1960, 3.00 acre feet absolute for livestock watering and fish. FMP #2 SE ¼ of the NW ¼ of the SW ¼ of Section 11, T 11 S, R 91 W, 6th 2571 feet from south and 1164 feet from west, appropriation 1926, 18.00 acre feet absolute for livestock watering and fish. FMP #3 SW ¼ of the NE ¼ of the SW ¼ of Section 11, T 11 S, R 91 W, 6th 1878 feet from south and 1325 feet from west, appropriation 1960, .8 acre feet absolute for livestock watering and fish. FMP #4 SE ¼ of the NW ¼ of the SW ¼ of Section 11, T 11 S, R 91 W, 6th 1681 feet from south and 841 feet from west, appropriation 1960, .6 acre feet absolute for livestock watering and fish. FMP #5 NW ¼ of the SW ¼ of the SW ¼ of Section 11, T 11S, R 91 W, 6th 1505 feet from south and 664 feet from west, appropriation 1960, .91 acre feet absolute for livestock watering and fish. FMP #6 SE ¼ of the SW ¼ of the SW ¼ of Section 11, T11S, R91W, 6th 460 feet from south and 1303 feet from west, appropriation 1960, 4.9 acre feet absolute for livestock watering and fish. FMP #7 SE ¼ of the NE ¼ of the SW ¼ of Section 11, T11S, R91W, 6th 1478 feet from south and 2401 feet from west, appro. date 8/15/05 5.00 acre feet conditional for livestock watering and fish. FMP #8 NW ¼ of the SW ¼ of the NE ¼ of Section 14, T11S, R91W, 6th 1607 feet from north and 2113 feet from east, appropriation 1960 1.12 acre feet absolute for livestock watering and fish.

3 FMP #9 NW ¼ of the SW ¼ of the NE ¼ of Section 14, T11S, R91W, 6th 1539 feet from north and 2160 feet from east, appropriation 1960 1.12 acre feet absolute for livestock watering and fish. FMP #9.2 NE ¼ of the SW ¼ of the NE ¼ of Section 14, T11S, R91W, 6th 1838 feet from north and 1718 feet from east, appro. date 8/15/05 5.00 acre feet conditional for livestock watering and fish. FMP #10 NW ¼ of the SW ¼ of the NE ¼ of Section 14, T11S, R91W, 6th 1547 feet from north and 2577 feet from east, appropriation 1960, .24 acre feet absolute for livestock watering and fish. FMP #11 SE ¼ of the NE ¼ of the NW ¼ of Section 14, T11S, R91W, 6th 1234 feet from north and 2084 feet from west, appropriation 1960, .18 acre feet absolute for livestock watering and fish. FMP #12 SW ¼ of the NE ¼ of the NW ¼ of Section 14, T11S, R91W, 6th 1005 feet from north and 1757 feet from west, appropriation 1960 .24 acre feet absolute for livestock watering and fish. FMP #13 SW ¼ of the NE ¼ of the NW ¼ of Section 14, T11S, R91W, 6th 854 feet from north and 1464 feet from west, appropriation 1928, 3.9 acre feet absolute for livestock watering and fish. FMP #14 SE ¼ of the SW ¼ of the SW ¼ of Section 11, T11S, R91W, 6th 425 feet from south and 871 feet from west, appropriation 1960 1.2 acre feet absolute for livestock watering and fish. LCF #1 NW ¼ of the NE ¼ of the NW ¼ of Section 11, T11S, R91W, 6th 313 feet from north and 1720 feet from west, appro. date 8/15/05 6.00 acre feet conditional for livestock watering and fish. LCF #2 SE ¼ of the NW ¼ of the NE ¼ of Section 10, T11S, R91W, 6th 875 feet from north and 1352 feet from east, appropriation 1960 .70 acre feet absolute for livestock watering and fish. LCF #3 SE ¼ of the NE ¼ of the NE ¼ of Section 10, T11S, R91W, 6th 995 feet from north and 591 feet from east, appro. date 8/15/05 .60 acre feet absolute for livestock watering and fish. LCF #4 NE ¼ of the NE ¼ of the NE ¼ of Section 10, T11S, R91W, 6th 111 feet from north and 293 feet from east, 1.00 acre feet absolute for livestock watering and fish. Source for all structures is tributary to West Muddy Creek, tributary to North Fork River. DELTA COUNTY.

7. Case No. 05CW208. Applicant: Walter and Patricia Tindall, 594 Eastbrook Street, Grand Junction, CO 81504. Type of Application: Application for Finding of Diligence. Name of Structure: Desert Vista Spring and Pipeline. Location: NE ¼ of the SE ¼ of Section 12, Township 2 S, Range 1 E, UM. Distance from Section Lines: 1416 feet from south and 690 feet from east. Source: Spring. Appropriation Date: 10/22/98. Amount Claimed: .5 cfs. Use: stockwater, recreation, fire protection, fish culture and irrigation of 40 acres. MESA COUNTY.

8. Case No. 05CW209. Applicant: Matt and Kristen Redd, PO Box 9, 42711 JJ Ranch Trail, Norwood, CO 81423. Type of Application: Application for Surface Water Rights. Name of Structure: Hailey’s Ditch. Location: SW ¼ of the NE ¼ of Section 15, Township 45 N, Range 13 W, NMPM. Distance from Section Lines: 1509 feet from north and 1902 feet from east. Source: waste water tributary to Maverick Draw. Appropriation Date: 6/5/04. Amount Claimed: 1 cfs absolute. Use: irrigation and stock water. MONTROSE COUNTY.

4 9. Case No. 05CW210. Applicant: Vaughan Ranches, Inc., 17409 Currant Creek Road, Cedaredge, CO 81413. Application for Change of Water Right: Oak Park (Ditch) diversion off of Currant Creek to Van Tuyl Diversion - NE ¼ of the SE ¼ of the NW ¼ of Section 6, Township 13 S, Range 93 W, 6th PM, 1428 feet from north section line and 1997 feet from west section line, appropriation date 3/23/1900, 4/1/1908, 12/31/45, amount claimed 1.62, 4.5 and 2 to divert water from Currant Creek to the Oak Park Ditch, source – Currant Creek. Application for Surface Water Rights: McCoy Wastewater and McCoy Spring #1 – SE ¼ of the NW ¼ of the SW ¼ of Section 13 S, Range 94 W, 6th PM, 1954 feet from south section line and 1545 feet from west section line, source – wasted seep and springs tributary of Currant Creek and reservoir water from Grand Mesa (waste water), appropriation date approximately 1930, amount claimed 2 cfs absolute for irrigation and stock water. McCoy Spring #2 – SE ¼ of the SW ¼ of the SW ¼ of Section 24, Township 13 S, Range 94 W, 6th PM, 137 feet from south section line and 1321 feet from west section line, source – wasted seep and springs tributary of Currant Creek, appropriation date approximately 1930, amount claimed 2 cfs absolute for irrigation and stock water. DELTA COUNTY.

10. Case No. 05CW211. Applicant: Gary and Wanda Boden, 36480 K25 Drive, Hotchkiss, CO 81419. Type of Application: Application for Surface Water Rights. Name of Structure: Boden Spring #1. Location: SE ¼ of the SE ¼ of Section 29, Township 14 S, Range 92 W, 6th PM. Distance from Section Lines: 1150 feet from south and 40 feet from east. Source: North Fork of the Gunnison. Appropriation Date: 5/1985. Amount Claimed: .25 cfs absolute for irrigation and livestock. DELTA COUNTY.

11. Case No. 05CW212. Applicant: Roubideau Reserve, LLC / Jeff Crane, 29163 Stingley Gulch Road, Hotchkiss, CO 81419. Applications for Surface Water Rights: East Roubideau Ditch, NE ¼ of the SE ¼ of Section 17, Township 15 S, Range 95 W, 6th PM, 1740 feet from south and 402 feet from east section line, source – wastewater from Graff Dairy irrigated with UVWUA project water located east side of 1800 road, appropriation date 10/04, amount claimed 0.5 cfs conditional for irrigation and wildlife; South Roubideau Ditch, NE ¼ of the SE ¼ of Section 17, Township 15 S, Range 95 W, 6th PM, 1320 feet from south and 990 feet from east section line, source – wastewater from Senteney property south of subdivision irrigated with UVWUA project water, appropriation date 10/04, amount claimed 0.5 cfs conditional for irrigation and wildlife. DELTA COUNTY.

12. Case No. 05CW213. Applicants: Alexandra and Peter Blake, 30240 J Road, Hotchkiss, CO 81419. Application for Storage Water Right: Pam Fynn, SE ¼ of the NE ¼ of Section 5, Township 15 S, Range 93 W, 6th PM, 2100 feet from north and 460 feet from east section line, source – Duck Spring, appropriation date 5/02, amount claimed .21 acre feet absolute for swimming pond, wildlife and stock. Applications of Surface Water Rights: Liz’s Spring, SE ¼ of the NE ¼ of Section 5, Township 15 S, Range 93 W, 6th PM, 1752 feet from north and 457 feet from east section line, source – spring, seep, Fire Mnt., appropriation date 3/1998, amount claimed 1.0 cfs conditional for stock water, irrigation, recreation, wildlife habitat; Dump Spring, SE ¼ of the NE ¼ of Section 5, Township 15 S, Range 93 W, 6th PM, 1752 feet from north and 457 feet from east section line, source – spring, Roger’s Mesa seep water, appropriation date 3/1998, amount claimed .2 cfs conditional for stock water and wildlife habitat; Duck Spring, SE ¼ of the NE ¼ of Section 5, Township 15 S, Range 93 W, 6th PM, 1820 feet from north and 78 feet from east section line, source – spring, Roger’s Mesa seep water, appropriation date 3/1998,

5 amount claimed 1.0 cfs conditional for irrigation, winter/summer stock water, wildlife, recreation, fishing and hydro power. DELTA COUNTY.

13. Case No. 05CW214. Applicant: Columbine Partners Ranch LP, 30695 Hubbard Canyon Road, Somerset, CO 81434. Application for Surface Water Rights: Sawmill Spring, NW ¼ of the SE ¼ of Section 23, Township 11 S, Range 91 W, 6th PM, 1875 feet from south and 2060 feet from east section line. Source: spring. Appropriation Date: 6/1993. Amount Claimed: 0.1 cfs conditional for domestic, irrigation, stock, wildlife and recreation. DELTA COUNTY.

14. Case No. 05CW215. HORSEFLY CREEK, A NATURAL STREAM, IN THE WATERSHED OF SAN MIGUEL, IN MONTROSE COUNTY, COLORADO, AMENDED APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. c/o Virginia Brannon, Assistant Attorney General, 1525 Sherman Street, 5th Flr, Denver, CO 80203. 2. Name of natural stream: Horsefly Creek, 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence of Sheep Creek at latitude 38° 14’ 28” N and longitude 108° 14’ 38” W as the upstream terminus and extending to the confluence of the San Miguel River at latitude 38° 12’ 19” N and longitude 108° 18’ 46” W as the downstream terminus, being a distance of approximately 5.2 miles. This segment can be located on the Norwood and Sanborn Park U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = SE NE S13 R13W T46N NMPM, 422’ West of East Section Line, 2106’ South of North Section Line, UTM (Zone 13): 4237565N, 216105E, Lower Terminus = NE SE S33 R13W T46N NMPM, 828' East of West Section Line 608' South of North Section Line, UTM (Zone 13): 4233795N, 209927E . 4. Use of water: To preserve the water dependent natural environment of Horsefly Creek to a reasonable degree. 5. a. Date of initiation of appropriation: January 25, 2005. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2005. c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board (“Board” or “CWCB”) appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 6. Amount of water claimed (ABSOLUTE): Instream flow of 13.0 cfs (April 1 – June 5). 7. Terms and conditions: At its regularly scheduled May 2005 and November 2005 meetings, the Board approved the inclusion of certain terms and conditions in this application and the resulting decree. The Board intends to include those terms and conditions in substantially the same form set forth below in the decree for this instream flow water right. a. In applications for any type of proposed change of a senior absolute water right located upstream of this instream flow (“ISF”) water right, the CWCB may file a Statement of Opposition but shall stipulate to the entry of a decree in such application if the proposed change does not increase the historic consumptive use during April 1 through June 5 and does not increase the impact to the instream flow water right. b. In applications for any type of proposed change of a senior conditional water right located upstream of this instream flow water right, the CWCB may file a Statement of Opposition but shall stipulate to the entry of a decree in such application if the proposed change does not increase the impact contemplated by the original decree to the reach of Horsefly Creek containing this instream flow water right during April 1 through June 5. Senior conditional storage water rights are likely to include storage of spring flows that will have an impact on this instream flow water right. Such conditional water rights shall be allowed to be

6 moved anywhere in the basin upstream of this instream flow water right as long as the new location does not increase the impact to the ISF. c. Pursuant to section 37- 92-102(3)(b), C.R.S. (2005), this instream flow water right shall be subject to any undecreed historic water uses, including wells, being made on or before the date the CWCB appropriated this instream flow water right, provided that such uses are documented in writing and confirmed by the Division of Water Resources prior to entry of the decree herein. d. The CWCB shall set aside up to 4.05 acre-feet of the de minimis allowance for this instream flow water right to allow for up to 300 new future undecreed domestic wells. As used herein, the de minimis allowance for an instream flow water right means a depletive effect of one percent of the decreed instream flow amount on the stream reach subject of the instream flow water right. e. Eldred Colorado Family Limited Partnership ( “Eldred”) is the owner of certain vested absolute and conditional water rights within the Horsefly Creek basin. These water rights are senior to this ISF water right and are located approximately 10 miles upstream. f. The CWCB stipulates that use of Eldred’s absolute water rights consistent with their historic and decreed uses shall not cause injury to this ISF water right. g. The CWCB agrees not to oppose any applications filed by Eldred to correct the points of diversion, places of use or storage locations to conform the decrees to historic practices and actual field locations for the Eldred absolute water rights. h. CWCB agrees not to oppose the development of Eldred’s Finch Reservoir water rights, including but not limited to, applications for findings of reasonable diligence, adjudication of alternate points of diversion for the Finch Reservoir Feeder Ditch and alternate storage locations for the Finch Reservoir storage right, so long as the changes to the conditional water rights do not result in an expansion of the original contemplated draft and uses of the conditional water rights. 8. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 24, 2005, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. MONTROSE COUNTY.

15. Case No. 05CW216. Applicants: Peter and Sally Osgood, 55715 Begonia Road, Olathe, CO 81425. Application for Change of Water Right: Ilene’s Ditch, SW ¼ of the NE ¼ of Section 36, Township 51 N, Range 11 W, NMPM, 2318 feet from north and 1780 feet from east section line. Source: tributary to Dry Creek, tributary to Uncompahgre River. Appropriation Date: 6/30/1931. Amount Claimed: 0.5 cfs for irrigation. MONTROSE COUNTY.

16. Case No. 05CW217. Applicants: Kari Redding and Kelly Steinmetz, PO Box 1825, Paonia, CO 81428. Type of Application: Application for Water Storage Right. Name of Structure: Taylor Pond. Location: NE ¼ of the SW ¼ of the SW ¼ of Section 5, Township 14 S, Range 91 W, 6th PM. Distance from Section Lines: 1267 feet from south and 769 feet from west. Source: waste water ditch tributary to North Fork River. Appropriation Date: 11/28/05. Amount Claimed: 1.5 acre feet conditional for irrigation. DELTA COUNTY.

17. Case No. 05CW218. BIG DOMINGUEZ CREEK, GUNNISON RIVER. Black Family Limited Partnership, Attn: Robert Black, General Partner, 1115 Purdy Mesa Rd, Whitewater, CO 81527, (970) 241-4544 (Attorney for Applicant: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P. O. Box 338, Grand Junction, CO

7 81502, (970) 242-6262). Application for Surface Water Rights and Water Storage Rights. The water rights described in this Application are all components of an integrated system to provide water to lands owned and operated by Applicant. FIRST CLAIM FOR RELIEF (Springs) Structures: Big Spring, Bear Spring, Black Camp Spring, & Mont’s Springs Nos. 1, 2, 3, 4, 5 & 6. Descriptions of Points of Diversion: a. Big Spring: Approx. 900 ft N of the S section line & 2500 ft W of the E section line, Sec. 32, T 51 N, R 16 W, N.M.P.M; b. Bear Spring: Approx. 1000 ft S of the N section line & 850 ft E of the W section line, Sec. 4, T 50 N, R 16 W, N.M.P.M; c. Black Camp Spring: Approx. 2100 ft S of the N section line & 2250 ft W of the E section line, Sec. 33, T 51 N, R 16 W, N.M.P.M; d. Mont’s Spring No. 1: Approx. 1100 ft N of the S section line & 1350 ft W of the E section line, Sec. 34, T 51 N, R 16 W, N.M.P.M; e. Mont’s Spring No. 2: Approx. 550 ft S of the N section line & 500 ft W of the E section line, Sec. 3, T 50 N, R 16 W, N.M.P.M; f. Mont’s Spring No. 3: Approx. 550 ft S of the N section line & 550 ft W of the E section line, Sec. 3, T 50 N, R 16 W, N.M.P.M; g. Mont’s Spring No. 4: Approx. 900 ft S of the N section line & 2600 ft W of the E section line, Sec. 3, T 50 N, R 16 W, N.M.P.M; h. Mont’s Spring No. 5: Approx. 1050 ft S of the N section line & 2550 ft W of the E section line, Sec. 3, T 50 N, R 16 W, N.M.P.M; i. Mont’s Spring No. 6: Approx. 1000 ft S of the N section line & 2450 ft W of the E section line, Sec. 3, T 50 N, R 16 W, N.M.P.M; The latitude and longitude coordinates for each of the springs are set forth on Table 1, attached to the Application; Sources: Big Spring - spring tributary to an unnamed draw, tributary to Big Dominguez Creek, tributary to the Gunnison River; Bear Spring & Black Camp Spring - springs tributary to an unnamed draw, tributary to Bird Draw, tributary to Big Dominguez Creek, tributary to the Gunnison River; Mont’s Springs Nos. 1, 2, 3 ,4, 5 and 6 - springs tributary to Mont’s Draw, tributary to Big Dominguez Creek, tributary to the Gunnison River; Appropriation Dates: Big Spring: Sept.1, 1900, stockwatering & wildlife watering; Sept. 1, 1953, irrigation & piscatorial; Bear Spring: Sept. 1, 1957; Black Camp Spring: Sept, 1, 1883, domestic, stockwatering and wildlife watering; Sept. 1, 1953, irrigation; Sept. 1, 1974 piscatorial; Mont’s Spring No. 1: Sept, 1, 1900, stockwatering & wildlife watering; Sept. 1, 1954, irrigation; Sept. 1, 2002 recreational & piscatorial; Mont’s Spring Nos. 2 through 6: Sept, 1, 1900, stockwatering & wildlife watering; Sept. 1, 2002 recreational and piscatorial. Amounts Claimed: Big Spring: 5 g.p.m. (0.011 c.f.s.), absolute; Bear Spring: 5 g.p.m. (0.011 c.f.s.), absolute; Black Camp Spring: 5 g.p.m. (0.011 c.f.s.) g.p.m., absolute; Mont’s Spring No. 1: 7 g.p.m. (0.016 c.f.s.) g.p.m., absolute for irrigation, stockwatering, & wildlife watering & conditional for recreational & piscatorial; Mont’s Spring Nos. 2, 3, 4 & 5: 2 g.p.m. (0.004 c.f.s.) g.p.m. each, absolute for stockwatering, & wildlife watering & conditional for recreational &piscatorial; Mont’s Spring No. 6: 3 g.p.m. (0.007 c.f.s.) g.p.m., absolute for stockwatering, & wildlife watering & conditional for recreational and piscatorial. Uses: Big Spring: irrigation, stockwatering, wildlife watering, and piscatorial uses. Land irrigated is 20 acres, located in NE 1/4 SE 1/4, Sect. 32, T 51 N, R 16 W, N.M.P.M. Water may be used directly for any of the purposes described above, and/or stored in Corner Pond and Big Spring Pond, described below. Bear Spring: Stockwatering, wildlife watering, & and piscatorial uses. The water may be used directly for any of the purposes described above, and/or stored in Bear Spring Pond No. 1 and No. 2, described below; Black Camp Spring: Domestic, irrigation, stockwatering, wildlife watering, & piscatorial uses. Land irrigated is 7 acres, in SW 1/4 NE 1/4, Sec. 33, T 51 N, R 16 W, N.M.P.M. The water may be used directly for any of the purposes described above, and/or stored in Black Camp Pond, described below; Mont’s Spring No. 1: Irrigation, stockwatering, wildlife watering, recreational and piscatorial uses. Land irrigated is 20 acres, located SE 1/4 SE 1/4, Sec. 34, T 51 N, R 16 W, N.M.P.M. The water may be used directly for any of the purposes

8 described above, and/or stored in Mont’s Draw Pond, described below; Mont’s Springs Nos. 2 through 6: Stockwatering, wildlife watering, recreational and piscatorial uses. The water may be used directly for any of the purposes described above, and/or stored in Mont’s Draw Pond, described below. Name and address of owners: Applicant. SECOND CLAIM FOR RELIEF (Storage Rights) Structures: Corner Pond, Big Spring Pond, Cabin Draw Pond, Bear Spring Ponds Nos. 1 and 2, Black Camp Pond and Mont’s Draw Pond; Descriptions: All of the ponds are on channel reservoirs. The dams for the ponds are located as follows: Corner Pond: Approx. 1350 ft N of the S section line & 1300 ft W of the E section line, Sec. 32, T 51 N, R 16 W, N.M.P.M; Big Spring Pond: Approx. 900 ft N of the S section line & 2300 ft W of the E section line, Sec. 32, T 51 N, R 16 W, N.M.P.M; Cabin Draw Pond: Approx. 150 ft S of the N section line & 350 ft E of the W section line, Sec. 4, T 50 N, R 16 W, N.M.P.M; Bear Spring Pond No. 1: Approximately 1050 feet S of the N section line and 1150 feet E of the W section line, Sec. 4, T 50 N, R 16 W, N.M.P.M; Bear Spring Pond No. 2: Approx. 1250 ft S of the N section line and 950 feet E of the W section line, Sec. 4, T 50 N, R 16 W, N.M.P.M; Black Camp Pond: Approx. 1800 ft S of the N section line & 1850 ft W of the E section line, Sec. 33, T 51 N, R 16 W, N.M.P.M; Mont’s Draw Pond: Approx. 100 ft N of the S section line & 800 ft W of the E section line, Sec. 34, T 51 N, R 16 W, N.M.P.M; The latitude and longitude coordinates for each of the ponds listed above are set forth on Table 2, attached to the Application. Sources: Corner Pond & Big Spring Pond: Big Spring and water flowing in an unnamed draw, tributary to Big Dominguez Creek, tributary to the Gunnison River; Cabin Draw Pond: Cabin Draw, tributary to an unnamed draw, tributary to Bird Draw, tributary to Big Dominguez Creek, tributary to the Gunnison River; Bear Spring Ponds Nos. 1 and 2: Bear Spring and water flowing in an unnamed draw, tributary to Bird Draw, tributary to Big Dominguez Creek, tributary to the Gunnison River; Black Camp Pond: Black Camp Spring and water flowing in an unnamed draw, tributary to Bird Draw, tributary to Big Dominguez Creek, tributary to the Gunnison River; Mont’s Draw Pond: Mont’s Springs Nos. 1 - 6 and water flowing in Mont’s Draw, tributary to Big Dominguez Creek, tributary to the Gunnison River. Additional sources for all ponds are other springs and natural runoff occurring above the ponds. Appropriation Dates: Corner Pond: Sept. 1, 1953; Big Spring Pond: Sept. 1, 2002; Cabin Draw Pond and Bear Spring Ponds Nos. 1 and 2: Sept. 1, 1957; Black Camp Pond: Sept. 1, 1953, for domestic, stockwatering & wildlife watering; Sept. 1, 1974 for piscatorial; Mont’s Draw Pond: Sept. 1, 2002; Amounts: Corner Pond: 0.25 AF, absolute; Big Spring Pond: 0.5 AF, conditional; Cabin Draw Pond: 0.6 AF, absolute; Bear Spring Pond No. 1: 0.6 AF, absolute; Bear Spring Pond No. 2: 0.5 AF, absolute; Black Camp Pond: 1.0 AF, absolute; Mont’s Draw Pond: 9 AF, conditional; In addition Applicant claims the right to fill and refill each of the ponds when water is available in priority; Uses: Corner Pond: Irrigation, stockwatering, wildlife watering & piscatorial. Land irrigated is 20 acres, located in the NE1/4 SE1/4, Sec. 32, T 51 N, R 16 W, N.M.P.M; Big Spring Pond: Irrigation, stockwatering, wildlife watering, & piscatorial. Land irrigated will be 35 acres, consisting of the land irrigated by Corner Pond together with an additional 15 acres of land located in the S1/2 SE 1/4, Sec. 32, T 51 N, R 16 W, N.M.P.M; Cabin Draw Pond: Stockwatering & wildlife watering; Bear Spring Ponds Nos. 1 and 2: Stockwatering, wildlife watering, & piscatorial; Black Camp Pond: Domestic, stockwatering, wildlife watering & piscatorial; Mont’s Draw Pond: Stockwatering, wildlife watering recreational & piscatorial; Dam and Reservoir Information: Corner Pond: Surface area: Approx. 4,000 sq.ft., Height: Approx. 6 ft; Length: Approx. 85 ft; Total Capacity: 0.25 AF (small portion is currently active capacity, remainder is dead storage); Big Spring Pond: Surface area: Approx. 5,000 sq.ft.; Height: Approx. 9 ft; Length: Approx. 105 ft; Total Capacity: 0.5 AF, all active capacity; Cabin Draw Pond:

9 Surface area: Approx. 5,000 sq. ft.; Height: Approx. 9 ft; Length: Approx. 105 ft; Total Capacity: 0.6 AF, all dead storage; Bear Spring Pond No. 1: Surface area: Approx. 5,500 sq.ft; Height: Approx 8 ft; Length: Approx. 85 ft; Total Capacity: 0.6 AF, all dead storage; Bear Spring Pond No. 2: Surface area: Approx. 4,600 sq.ft; Height: 10 ft; Length: Approx. 85 ft; Total Capacity: 0.5 AF, all dead storage; Black Camp Pond: Surface area: Approx. 8,700 sq.ft; Height: 10 ft; Length: Approx. 130 ft; Total Capacity: 1.0 AF, all dead storage; Mont’s Draw Pond: Surface area: Approx. 2.25 acres; Maximum Height: 10 ft; Length: Approx. 150 ft; Total Capacity: 9 AF, all active capacity; Name and address of owner: Applicant. MESA COUNTY.

18. Case No. 05CW219. APPLICATION FOR SURFACE RIGHT. 1. Applicant: Jack T. Petruccelli, c/o Andrew A. Mueller, Reg. No. 26376, PO Box 646, 645 2nd Street, Ouray, CO 81427-0646; Telephone: 970-325-4414: 2. Name of Structure: River Park 2 Ditch Diversion Pump Number 1. 3. Legal description of each point of diversion: NW1/4NW1/4, Section 16, Township 45 North, Range 8 West, N.M.P.M., Ouray County, 230 feet south of the north section line and 515 east of the west section line of said Section 16. See map attached as Exhibit A. 4. Source: Unnamed drainage tributary to the Uncompahgre River. 5. Date of initiation of appropriation: August 17, 2005. 6. How Appropriation was initiated: Appropriation was initiated by staking and surveying the point of diversion. 7. Date water applied to beneficial use: Water has yet to be placed to beneficial use. However, water will be placed to beneficial use once Applicant completes installation of a pump and construction of a pipeline to capture the waste water which will then be diverted to irrigate approximately 6 acres of Applicant’s land. 8. Amount claimed: .15 cfs, conditional for irrigation. 9. Use or proposed use: Irrigation of approximately 6 acres of Applicant’s land lying in Section 9, Township 45 North, Range 8 West, N.M.P.M., and more particularly described as Lot C, Replat of Outlot P2/A according to the plat recorded on November 5, 2004, at Reception No. 186268, except Tracts OS-2 and OS- 7, Town of Ridgway, County of Ouray and State of Colorado. 10. Name(s) and address(es) of owner(s) 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: Town of Ridgway, c/o Greg Clifton, Town Manager, PO Box 10, Ridgway, CO 81432-0010. OURAY COUNTY.

19. Case No. 05CW220. Applicant: Gavin Spore, 33176 J Road, Hotchkiss, CO 81419. Application for Ground Water Rights and Approval of Plan for Augmentation. Name of Structure: Spore Well. Location: SW ¼ of the SE ¼ of the NW ¼ of Section 36, Township 14 S, Range 93 W, 6th PM. Distance from Section Lines: 1500 feet from the west and 2290 feet from the north. Source: groundwater tributary to North Fork of the Gunnison River, tributary to the Gunnison River. Appropriation Date: 11/30/05. Amount Claimed: 15 gpm; 1.096 acre feet conditional. Use: Domestic and irrigation of 0.25 acres of domestic lawn and garden. DELTA COUNTY.

20. Case No. 05CW221. Applicant: Old Curry Ranch Partnership, c/o Frank Cicero Jr., Kirkland & Ellis LLP, 200 East Randolph Drive, Chicago, IL 60601. Application for Water Storage Right. Name of Structure: Massey Pond. Location: NW ¼ of the SW ¼ of Section 9, Township 44 N, Range 10 W, NMPM. Distance from Section Lines: 100 feet east of the west section line and 1080 feet north of the south section line. Source: Massey Spring, reference Case No. 99CW249. Appropriation Date: 6/1/04. Amount Claimed: 2.5 acre feet absolute for irrigation, wildlife, livestock, piscatorial, recreation and fire protection. SAN MIGUEL COUNTY.

10 21. Case No. 05CW222. Applicant: Thomas M. Alvey, 11685 31.00 Road, Hotchkiss, CO 81419. Application for Surface Water Rights. Name of Structure: Midkiff and Arnold. Location: NW ¼ of the NE ¼ of the SE ¼ of Section 33, Township 13 S, Range 93 W, 6th PM. Distance from Section Lines: 2097 feet from south and 934 feet from east. Source: Leroux Creek. Appropriation Date: 1/1/1980. Amount Claimed: 3.00 cfs absolute for stock and domestic use in winter. DELTA COUNTY.

22. Case No. 05CW223. GUNNISON COUNTY, GROUSE CREEK, ANTHRACITE CREEK, NORTH FORK OF GUNNISON RIVER. Grouse Creek, LLC, Attn: Mark Wells, Manager, 2156 Buffalo Dr, Grand Junction, CO 81503, (970) 243-2337, with a copy to Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P O Box 338, Grand Junction, CO 81502, (970) 242-6262. APPLICATION FOR WATER STORAGE RIGHT. Name: Wells Pond; Legal: Dam is located in the NW1/4 NW1/4, Sec. 29, T. 13 S., R. 88 W, 6th P.M., at a point approx. 350 ft S of the N section line and 350 ft E of the W section line, Section 29; Pond is filled in part by water from Wells Spring No. 1 Pump and Pipeline, with a decreed point of diversion located 115 SE 905 ft from the NW Corner, Sec. 29, T. 13 S., R. 88 W, 6th P.M.; Source: Wells Spring No. 1 Pump and Pipeline and other springs and natural runoff occurring above the pond which are tributary to Grouse Creek, tributary to Grouse Spring Creek, tributary to Snowshoe Creek, tributary to Anthracite Creek, tributary to the North Fork of the Gunnison River, tributary to the Gunnison River; Appropriation Date: July 1, 2000; Amount: 2.5 AF, absolute, together with the right to fill and refill the pond when water is available in priority to offset evaporation, seepage, and use of the water for decreed purposes. The rate of filling the pond from the Wells Spring No. 1 Pump and Pipeline is 0.067 c.f.s.; Uses: stockwatering, wildlife watering, recreational and piscatorial; Dam and Reservoir Information: Surface area: Approx. 0.75 acres; Max. Height: Approx. eight ft; Length: Approx. 500 ft; Total Capacity of Pond: 2.5 AF. A small portion of the pond is currently active capacity and the remainder is dead storage; Name and address of owner: The pond is located on land owned by Applicant. (5 pages) GUNNISON COUNTY.

23. Case No. 05CW224. Applicant: Steven Clark Smith, 184 Crescent Lane, Glenwood Springs, CO 81601. Application for Surface Water Rights: Scatter Spring No. 3, SW ¼ of the NW ¼ of Section 30, Township 49 N, Range 5 W, NMPM, 3080 feet from south section line and 2974 feet from east section line, source – from unnamed tributaries of Myers Gulch, tributary of the Gunnison River, appropriation date 12/31/1917, amount claimed .03 cfs absolute for stock watering and irrigation. Application for Storage Water Right: Scatter Spring Pond, SW ¼ of the NE ¼ of Section 30, Township 49 N, Range 5 W, NMPM, 3052 feet from south section line and 2394 feet from east section line, source – from unnamed tributaries of Myers Gulch, tributary of the Gunnison River, appropriation date 9/30/04, amount claimed 1 acre foot conditional for stock watering, wildlife watering and fish culture. GUNNISON COUNTY.

24. Case No. 05CW225. Applicant: Joe H. Sperry, 20215 F Road, Delta, CO 81416. Applications for Water Storage Right: Trail Gulch Reservoir, SE ¼ of the NE ¼ of the SW ¼ of Section 9, Township 10 S, Range 90 W, 1961 feet from south and 2105 feet from west section line, amount claimed – 2479 acre feet conditional; Lower Pole Pile Reservoir, NW ¼ of the SW ¼ of the NE ¼ of Section 1, Township 11 S, Range 90 W, 2543 feet from north and 2618 feet from east section line, amount claimed – 230 acre feet conditional; Lower Pole Pile Reservoir No. 1, NE ¼ of the NW ¼ of the NE ¼ of Section 1, Township 11 S, Range 90 W, 1862 feet from north and 1960 feet from east section line, amount claimed – 279 acre feet conditional. Source of

11 Structures: Muddy Creek of the North Fork of the Gunnison River. Appropriation Date of Structures: 10/25/2005. Use of Structures: Irrigation, augmentation, fishery, stock, and exchange. GUNNISON COUNTY.

25. Case No. 05CW226. Applicant: Richard and Cindy Hansen, 51180 Banner Road, Delta, CO 81416. Application for Surface Water Rights: Spring No. 1 – Section 32, Township 51 N, Range 11 W, NMPM, 940 feet east of west section line and 915 feet south of north section line. Amount Claimed: 0.09 cfs absolute for piscatorial, wildlife, livestock, recreation and fire protection. Appropriation Date: 11/10/05. Spring No. 2 – Section 31, Township 51 N, Range 11 W, NMPM, 211 feet west of the east section line and 1082 feet south of the north section line. Amount Claimed: 0.03 cfs absolute for piscatorial, wildlife, livestock, recreation and fire protection. Appropriation Date: 11/10/05. Application for Storage Water Rights: Pond 1 – SW ¼ of the SW ¼ of Section 29, Township 51 N, Range 11 W, NMPM, 1006 east of west section line and 1240 feet north of the south section line. Amount Claimed: 6.3 acre feet absolute. Pond 2 – SW ¼ of the SW ¼ of Section 29, Township 51 N, Range 11 W, NMPM, 560 feet east of west section line and 843 feet north of south section line. Amount Claimed: 4.4 acre feet absolute. Pond 3 – SW ¼ of the SW ¼ of Section 29, Township 51 N, Range 11 W, NMPM, 537 feet east of west section line and 391 feet north of south section line. Amount Claimed: 9.4 acre feet absolute. Pond 4 – NW ¼ of the NW ¼ of Section 32, Township 51 N, Range 11 W, NMPM, 404 feet east of the west section line and 76 feet south of the north section line. Amount Claimed: 2.7 acre feet absolute. Pond 5 – NW ¼ of the NW ¼ of Section 32, Township 51 N, Range 11 W, NMPM, 482 feet east of the west section line and 345 feet south of the north section line. Amount Claimed: 4.8 acre feet absolute. Pond 6 – NW ¼ of the NW ¼ of Section 32, Township 51 N, Range 11 W, NMPM, 627 feet east of the west section line and 775 feet south of the north section line. Amount Claimed: 7.5 acre feet absolute. Source of all structures: Roberts Ditch, the applicant’s UVWUA tail water and springs 1 and 2. Appropriation Date of all ponds: 6/25/05 for irrigation, livestock, piscatorial, wildlife, recreation and fire protection. MONTROSE COUNTY.

26. Case No. 05CW227. APPLICATION FOR WATER STORAGE RIGHT. Applicant: Mardal Properties, LLC, c/o Andrew A. Mueller, THE TISDEL LAW FIRM, P.C., P.O. Box 646, 645 Second Street, Ouray, CO 81427-0646; Phone: 970.325.4414; Fax: 970.325.7333 1. STORAGE RIGHT NO. 1. Name of Reservoir: MARDAL POND I. Legal description of location of dam: SE1/4NW1/4, Section 6, Township 47 North, Range 8 West, N.M.P.M., Montrose County, Colorado; Distance from section lines 1680 feet from north and 2040 feet west; Street Address: 22233 Uncompahgre Road, Montrose, CO 81401; GPS location information in UTM format: Northing 4,249,308 Easting 256,103; name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: MARDAL FISH CULTURE DITCH. Point if diversion: NW1/4SE1/4, Section 6, Township 47 North, Range 8 West, 6 N.M.P.M., Montrose County, Colorado; Distance from section lines: 3620 Feet from north and 3020 Feet from west; GPS location information in UTM format:

12 Northing 4,248,709 Easting 256,384; Source: The Uncompahgre River; Date of appropriation: July 1992; How appropriation was initiated; Ditch and ponds were excavated and headgate installed; Date water applied to beneficial use: July 1992; Amount claimed: In acre feet: 23.12 Absolute; If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 2 cfs Absolute; Use: If non-irrigation, describe purpose fully: Piscatorial, Wildlife Watering, Wetlands Creation, Recreational, Aesthetic, Augmentation; Surface area of high water line: 2.89 acres; Maximum height of dam in feet: 2.5 feet; Length of dam in feet: 100 feet; Total capacity of reservoir in acre feet: 23.12 acre feet; Active capacity: 23.12 acre feet; Dead storage: None. 2. STORAGE RIGHT NO. 2: Name of Reservoir: MARDAL POND II. Legal description of location of dam: SW1/4NE1/4, Section 6, Township 47 North, Range 8 West, N.M.P.M., Montrose County, Colorado; Distance from section lines: 2515 Feet from North and 2770 Feet from West; Street Address: 22233 Uncompahgre Road, Montrose, CO 81401; GPS location information in UTM format: Northing 4,249,048 Easting 256,318; If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Name of Ditch and capacity: Same as Mardal Pond I; Source: Uncompahgre River; Date of appropriation: July 1992; How appropriation was initiated: Excavation of Ditch and Ponds; Date water applied to beneficial use: July 1992; Amount claimed: Same as Mardal Pond I; Use: If non-irrigation, describe purpose fully: Piscatorial, Wildlife Watering, Wetlands Creation, Recreational, Aesthetic, Augmentation; Surface area of high water line: .83 acre; Maximum height of dam in feet: 2.5 feet; Length of dam in feet: 25 feet; Total capacity of reservoir in acre feet: 4.15 acre feet; Active capacity : 4.15 acre feet; Dead storage: None 3. STORAGE RIGHT NO. 3. Name of Reservoir: MARDAL POND III; Legal description of location of dam: NW1/4SE1/4, Section 6, Township 47 North, Range 8 West, N.M.P.M., Montrose County, Colorado; Distance from section lines: 3010 Feet from North and 2740 Feet from West; Street Address: 22233 Uncompahgre Road, Montrose, CO 81401; GPS location information in UTM format: Northing 4,248,898 Easting 256,305; If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Name of Ditch and capacity: Same as Mardal Pond I; Source: Uncompahgre River; Date of appropriation: July 1992; How appropriation was initiated: Excavation of Pond and Ditch; Date water applied to beneficial use: July 1992; Amount claimed: Same as Mardal Pond I; Use: If non-irrigation, describe purpose fully: Piscatorial, Wildlife Watering, Wetlands Creation, Recreational, Aesthetic, Augmentation; Surface area of high water line: .5 acre; Maximum height of dam in feet: 2.5 feet; Length of dam in feet: 25 feet; Total capacity of reservoir in acre feet: 2.5 acre feet; Active capacity : 2.5 acre feet; Dead storage: None. 4. STORAGE RIGHT NO. 4. Name of Reservoir: MARDAL POND IV. Legal description of location of dam: NW1/4SE1/4, Section 6, Township 47 North, Range 8 West, N.M.P.M., Montrose County, Colorado; Distance from section lines: 3375 Feet from North and 2960 Feet from West; Street Address: 22233 Uncompahgre Road, Montrose, CO 81401; GPS location information in UTM format: Northing 4,248,784 Easting 256,368; If off- channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Name of Ditch and capacity: Same as Mardal Pond I; Source: Uncompahgre River; Date of appropriation: July 1992; How appropriation was initiated: Excavation of Pond and Ditch; Date water applied to beneficial use: July 1992; Amount claimed: Same as Mardal Pond I; Use: If non- irrigation, describe purpose fully: Piscatorial, Wildlife Watering, Wetlands Creation, Recreational, Aesthetic, Augmentation; Surface area of high water line: .06 acre; Maximum height of dam in feet: None; Length of dam in feet: None; Total capacity of reservoir in acre feet: .12 acre feet; Active capacity : .12 acre feet; Dead storage:

13 None 5. STORAGE RIGHT NO. 5. Name of Reservoir: MARDAL POND V; Legal description of location of dam: NW1/4SE1/4, Section 6, Township 47 North, Range 8 West, N.M.P.M., Montrose County, Colorado; Distance from section lines: 3460 Feet from North and 3030 Feet from West; Street Address: 22233 Uncompahgre Road, Montrose, CO 81401; GPS location information in UTM format: Northing 4,248,757 Easting 256,388; If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Name of Ditch and capacity: Same as Mardal Pond I; Source: Uncompahgre River; Date of appropriation: July 1992; How appropriation was initiated: Excavation of Pond and Ditch; Date water applied to beneficial use: July 1992; Amount claimed: Same as Mardal Pond I; Use: If non-irrigation, describe purpose fully: Piscatorial, Wildlife Watering, Wetlands Creation, Recreational, Aesthetic, Augmentation; Surface area of high water line: .03 acre; Maximum height of dam in feet: None; Length of dam in feet: None; Total capacity of reservoir in acre feet: .06 acre feet; Active capacity : .06 acre feet; Dead storage: None 6. SURFACE RIGHT NO. 1: Name of Structure: MARDAL FISH CULTURE DITCH; Legal description of each point of diversion: Legal description of location of dam: NW1/4SE1/4, Section 6, Township 47 North, Range 8 West, N.M.P.M., Montrose County, Colorado; Distance from section lines: 3620 Feet from North and 3020 Feet from West; Street Address: 22233 Uncompahgre Road, Montrose, CO 81401; GPS location information in UTM format: Northing 4,248,709 Easting 256,384; Source: Uncompahgre River; Date of appropriation: July 1992; How appropriation was initiated: Excavation of Pond and Ditch; Date water applied to beneficial use: July 1992; Amount claimed: 1.5 cfs Absolute; Use or proposed use: Piscatorial, Wildlife Watering, Wetlands Creation, Recreational, Aesthetic, Augmentation. 7. SURFACE RIGHT NO. 2. Name of Structure: MARDAL SPRING; Legal description of each point of diversion: Legal description of location of dam: SW1/4NE1/4, Section 6, Township 47 North, Range 8 West, N.M.P.M., Montrose County, Colorado; Distance from section lines: 2580 Feet from North and 3155 Feet from West; Street Address: 22233 Uncompahgre Road, Montrose, CO 81401; GPS location information in UTM format: Northing 4,249,024 Easting 256,435; Source: Uncompahgre River; Date of appropriation: July 2004; How appropriation was initiated: Field Survey; Date water applied to beneficial use: Conditional water right; Amount claimed: .5 cfs Conditional; Use or proposed use: Piscatorial, Wildlife Watering, Wetlands Creation, Recreational, Aesthetic, Augmentation. 7. Location of Structures: All structures, points of diversion and places of use are located on Applicant’s property. All structures are an integral part of a river restoration and wildlife habitat restoration project being pursued by Applicant. MONTROSE COUNTY.

27. Case No. 05CW228. Applicant: Victor J. Dukart, 60697 Kansas Road, Montrose, CO 81401. Application for Water Storage Right: Deer Pond and Goose pond are both located at the NE ¼ of the NE ¼ of Section 14, Township 49 N, Range 10 W, NMPM. Distance from section lines: Deer Pond – 636 feet from north and 1008 feet from east; Goose Pond – 114 feet from north and 1007 feet from east. Source for both ponds: natural draw tributary to Uncompahgre River. Appropriation Date: Deer Pond – 3/1/85; Goose Pond – 3/1/50. Amount Claimed: Deer Pond – 1.65 acre feet absolute; Goose Pond – 2.1 acre feet absolute. Both ponds to be used for stockwater and wildlife. MONTROSE COUNTY.

28. Case No. 05CW229. Applicants: Daniel and Jacqueline Sherwood Trust, 13221 Marine Road, Montrose CO 81401 and Corey Family Trust, 62237 Spring Creek Road, Montrose, CO 81401. Application for Change of Water Right: Bancroft Ditch located at NE ¼ of the NW ¼ of Section 30, Township 49 N, Range 9 W, NMPM.

14 Distance from Section Lines: 1058 feet from north and 1955 feet from west. Source: Mexican Gulch. Appropriation Date: 4/6/1885. Amount Claimed: 1.0 cfs. Use: Irrigation. MONTROSE COUNTY.

29. Case No. 05CW230. Applicant: Edward K Bartlett, PO Box 1404, Flagstaff AZ 86002 and PO Box 784, Hotchkiss, CO 81419. Application to Make Absolute: EKB Ditch #1, NE ¼ of the NE ¼ of the SE ¼ of Section 24, Township 13 S, Range 89 W, 6th PM, 2005 feet from the south and 225 feet from the east section line. Source: Schaefer Creek which flows into Snoshoe Creek, which in turn flows into Anthracite Creek and from there into North Fork of the Gunnison River. Appropriation Date: 1/23/2004. Amount Claimed: .011 cfs for domestic use. GUNNISON COUNTY.

30. Case No. 05CW231. Applicant: Nicholas T Lambrakos, 35287 Hanson Mesa Road, Hotchkiss, CO 81419. Application for Surface Water Rights: Lambrakos Spring, SE ¼ of the NW ¼ of Section 20, Township 14 S, Range 92 W, 6th PM, 2560 feet from the north section line and 2600 feet from the west section line. Source: Spring tributary to the North Fork of the Gunnison River. Appropriation Date: 5/31/2000. Amount Claimed: .03 cfs conditional for domestic use. DELTA COUNTY.

31. Case No. 05CW232. Ref. 98CW148 and 92CW5; APPLICATION FOR FINDING OF DILIGENCE. 1. Name and Address of Applicant: James F. Schnelle, Environmental Management & Engineering, 8259 N. Military Trail, Suite 8, Palm Beach Gardens, Florida, 33401. Name and Address of Attorney for Applicant: Phil Klingsmith, Klingsmith & Associates., 234 N. Main Street, Suite 2 A, Gunnison, CO 81230, (970)641-1334. 2. Name of structure: Earth Village Spring #1, Earth Village Spring #2, #3 Earth Village Pond, and #4 Blackjack Pond. 3. Describe conditional water right (as to each structure)giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: September 2, 1992, Case No. 92CW5 and 98CW148, November 2, 1999, District Court, Water Division 4, 7th Judicial District, Montrose, CO 81401-4335. B. Legal descriptions: #1, Earth Village Spring, #1 at a point in the SE¼NE¼, Sec. 33 T 48 N, R 1 E, NMPM, 415 feet west from the east section line and 2300 feet south from the north section line of said Section 33. #2 Earth Village Spring #2, at a point in the NE¼NE¼, Sec. 33, T48N, R 1 E, NMPM, 1290 feet west from the east section line and 975 feet south from the north section line of said Section 33. #3 Earth Village Pond, the center point of the dam creating the pond is situate in NW¼NE¼, Sec. 33, T 48 N, R 1 E, NMPM, 1650 feet west from the east section line and 503 feet south from the north section line in said Section 33. #4, Blackjack Pond, the center point of the dam creating the pond is situate in SW¼ NE¼, Sec. 33 T 48 N, R 1 E, NMPM. 1760 feet west of the east section line and 1855 feet south of the north Section line in said Section. C. Source: #1 Blackjack Gulch, #2 Unnamed Gulch tributary of Stubbs Gulch, #3 Stubbs Gulch, #4 Blackjack Gulch & Stubbs Gulch, all tributaries to the Gunnison River D. Appropriation Date: #1 July 30, 1991, #2 August 1, 1991, #3 August 15, 1991, #4 August 15, 1991.Amount: #1 0.011c.f.s., #2 0.011 c.f.s., #3 6.6 acre feet, #4 4.85 acre feet, Use: #1 Domestic and commercial, #2 Domestic and commercial, #3 Domestic and commercial, #4 Domestic and commercial. 4. Detailed outline of what has been done toward completion of application of water to a beneficial use as conditionally decreed, and expenditure: Excavation to install two partial flumes , one upstream and one downstream; install two operable control structures; re-build the dam and outfall where needed for erosion per the Water Commissioner’s request. Additionally, applicant had both ponds cleaned, deepened and re-engineered. Field Measurements were taken by Pearson Survey and a plat prepared. Since purchase

15 of these rights on September 26, 2001, applicant has expended in excess of $27,000 to improve these water right claims. SAGUACHE.

32. Case No. 05CW233. DELTA COUNTY Gunnison River; Liman, LLC, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, 970-241-5500; APPLICATION FOR STORAGE RIGHTS, SURFACE RIGHTS, APPROPRIATIVE RIGHT OF EXCHANGE, AND REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION; 1. Name, address, and telephone number of Applicant: Marley Hodgson, Liman, LLC, Smith Fork Ranch, P.O. Box 401, Crawford, CO 81415; II. APPLICATION FOR STORAGE RIGHTS; 2. Name of structure: Smith Fork Pond No. 1; 3. Legal description: SE/4 SW/4 of Section 24, T15S, R91W, in the 6th P.M., 2400 feet east of the west section line and 600 feet north of the south section line; 4. Name and capacity of ditch used to fill reservoir: Smith Fork Ponds Diversion via the Smith Fork Pond No. 2; 5. Source: Smith Fork of the Gunnison River; 6.A. Date of Appropriation: June 1, 1950; B. How appropriation was initiated: By construction of pond; C. Date water applied to beneficial use: July 1, 1950; 7. Amount claimed: A. In acre-feet: 3.84 acre-feet; B. Rate of diversion for filling: 0.5 c.f.s. from the Smith Fork Ponds Diversion; 8. Use: piscatorial, wildlife watering and wildlife habitat, and recreation; 9. Surface area of high water line: 0.64 acres; A. Maximum height of dam: 8 feet; B. Length of dam: 85 feet; 10. Total capacity of pond: 3.84 acre-feet, all active; III. APPLICATION FOR STORAGE RIGHTS; 12. Name of structure: Smith Fork Pond No. 2; 13. Legal description: SE/4 SW/4 of Section 24, T15S, R91W, in the 6th P.M., 2700 feet east of the west section line and 755 feet north of the south section line; 14. Name and capacity of ditch used to fill reservoir: Smith Fork Ponds Diversion; 15. Source: Smith Fork of the Gunnison River; 16.A. Date of Appropriation: July 1, 2000; B. How appropriation was initiated: By construction of pond; C. Date water applied to beneficial use: August 1, 2000; 17. Amount claimed. A. In acre-feet: 2.76 acre-feet, absolute; B. Rate of diversion for filling reservoir: 0.5 c.f.s. through Smith Fork Ponds Diversion; 18. Use: piscatorial, wildlife watering and wildlife habitat, and recreation; 19. Surface area of high water line: 0.46 acres; A. Maximum height of dam: 6 feet; B. Length of dam: 85 feet; 20. Total capacity of pond: 2.76 acre-feet, all dead; IV. APPLICATION FOR STORAGE RIGHTS; 22. Name of structure: Smith Fork Augmentation Pond; 23. Legal description: SE 1/4 SE 1/4 of Section 24, T15S, R91W, in the 6th P.M., 1300 feet west of the east section line and 100 feet north of the south section line; 24. Name and capacity of ditch used to fill reservoir: Smith Fork Augmentation Pond Diversion; 25. Source: Smith Fork of the Gunnison River; 26. A. Date of Appropriation: June 1, 2004; B. How appropriation was initiated: By construction of pond; C. Date water applied to beneficial use: July 1, 2004; 27. Amount claimed: A. In acre-feet: 8.96 acre-feet, 7.81 a.f. absolute, 1.15 a.f. conditional; B. Rate of diversion for filling reservoir: 1.0 c.f.s. through Smith Fork Augmentation Pond Diversion; 28. Use: augmentation, piscatorial, wildlife watering and wildlife habitat, and recreation; 29. Surface area of high water line: 1.09 acres; A. Maximum height of dam: 10 feet; B. Length of dam: 400 feet; 30. Total capacity of pond: 8.96 acre-feet, 7.81 a.f. absolute, 1.15 a.f. conditional; A. Active: 5.15 a.f. currently, 6.3 a.f. after expansion; B. Dead: 2.66 a.f.; V. APPLICATION FOR SURFACE RIGHTS. 32. Name of structure: Smith Fork Pond Diversion; 33. Legal description of point of diversion: SW/4 SE/4 of Section 24, T15S, R91W, in the 6th P.M., 2083 feet west of the east section line and 679 feet north of the south section line; 34. Source: Smith Fork of the Gunnison River; 35. A. Date of initiation of appropriation: July 1, 2000; B. How appropriation was initiated: By construction of the point of diversion; C. Date water applied to beneficial use: August 1, 2000; 36. Amount claimed: 0.5 c.f.s., absolute; 37. Use: For filling and continuous refilling of

16 the Smith Fork Pond Nos. 1 and 2, piscatorial, wildlife watering and wildlife habitat, and recreation; VI. APPLICATION FOR SURFACE RIGHTS; 39. Name of structure: Smith Fork Augmentation Pond Diversion; 40. Legal description of point of diversion: SE 1/4 SE 1/4 of Section 24, T15S, R91W, in the 6th P.M., 1200 feet west of the east section line and 88 feet north of the south section line; 41. Source: Smith Fork of the Gunnison River; 42. A. Date of initiation of appropriation: June 1, 2004; B. How appropriation was initiated: By construction of the point of diversion; C. Date water applied to beneficial use: July 1, 2004; 43. Amount claimed: 1.0 c.f.s., absolute; 44. Use: for filling and refilling of the Smith Fork Augmentation Pond, piscatorial, wildlife watering and wildlife habitat, and recreation; VII. REQUEST FOR STORAGE RIGHTS; 46. Name of structure: Second Creek Pond No. 1; 47. Legal description: The Second Creek Pond No. 1 is located in the NE/4 SW/4 of Section 24, T15S, R91W, in the 6th P.M., 2458 feet east of the west section line and 2113 feet north of the south section line; 48. Name and capacity of ditch used to fill reservoir: Second Creek Pond Diversion; 49. Source: Second Creek, tributary to the Smith Fork of the Gunnison River; 50. A. Date of Appropriation: June 1, 1955; B. How appropriation was initiated: By construction of pond; C. Date water applied to beneficial use: July 1, 1955; 51. Amount claimed: A. In acre-feet: 0.85 acre-feet, absolute; B. Rate of diversion for filling reservoir: 0.5 c.f.s. through Second Creek Pond Diversion; 52. Use: piscatorial, stock, wildlife watering and wildlife habitat, and recreation; 53. Surface area of high water line: 0.10 acres; A. Maximum height of dam: 9 feet; B. Length of dam: 90 feet; 54. Total capacity of pond: 0.85 acre-feet, all active; 55. VIII. REQUEST FOR STORAGE RIGHTS; 56. Name of structure: Second Creek Pond No. 2; 57. Legal description: NE/4 SW/4 of Section 24, T15S, R91W, 6th P.M., 2357 feet east of the west section line and 1950 feet north of the south section line; 58. Name and capacity of ditch used to fill reservoir: Second Creek Pond Diversion 1, via the Second Creek Pond No.; 59. Source: Second Creek, tributary to the Smith Fork of the Gunnison River; 60. A. Date of Appropriation: June 1, 1955; B. How appropriation was initiated: By construction of pond. C. Date water applied to beneficial use: July 1, 1955; 61. Amount claimed: A. In acre-feet: 1.2 acre-feet, absolute; B. Rate of diversion for filling reservoir: 0.5 c.f.s. through Second Creek Pond Diversion; 62. Use: piscatorial, stock, wildlife watering and wildlife habitat adjacent to the pond, and recreation; 63. Surface area of high water line: 0.15 acres; A. Maximum height of dam: 10 feet; B. Length of dam: 110 feet; 64. Total capacity of pond: 1.2 acre-feet, all active; IX. REQUEST FOR STORAGE RIGHTS; 66. Name of structure: Second Creek Pond No. 3; 67. Legal description: NE/4 SW/4 of Section 24, T15S, R91W, 6th P.M., 2285 feet east of the west section line and 1802 feet north of the south section line; 68. Name and capacity of ditch used to fill reservoir: Second Creek Pond Diversion, via the Second Creek Pond No. 2.; 69. Source: Second Creek, tributary to the Smith Fork of the Gunnison River; 70. A. Date of Appropriation: June 1, 1955; B. How appropriation was initiated: By construction of pond; C. Date water applied to beneficial use: July 1, 1955; 71. Amount claimed: A. In acre-feet: 0.75 acre-feet, absolute; B. Rate of diversion for filling reservoir: 0.5 c.f.s. through Second Creek Pond Diversion; 72. Use: piscatorial, stock, wildlife watering and wildlife habitat, and recreation; 73. Surface area of high water line: 0.10 acres. A. Maximum height of dam: 10 feet; B. Length of dam: 85 feet; 74. Total capacity of pond: 0.75 acre-feet, all active; 75. X. REQUEST FOR STORAGE RIGHTS; 76. Name of structure: Second Creek Pond No. 4; 77. Legal description: NE/4 SW/4 of Section 24, T15S, R91W, in the 6th P.M., 2170 feet east of the west section line and 1660 feet north of the south section line; 78. Name and capacity of ditch used to fill reservoir: Second Creek Pond Diversion, which is described in greater detail below, via Second Creek Pond No. 3; 79. Source: Second Creek, tributary to the Smith Fork of the Gunnison River; 80. A. Date of Appropriation: June

17 1, 1955; B. How appropriation was initiated: By construction of pond; C. Date water applied to beneficial use: July 1, 1955; 81. Amount claimed: A. In acre-feet: 0.70 acre-feet, absolute; B. Rate of diversion for filling reservoir: 0.5 c.f.s. through Second Creek Pond Diversion; 82. Use: piscatorial, stock, wildlife watering and wildlife habitat, and recreation; 83. Surface area of high water line: 0.10 acres; A. Maximum height of dam: 10 feet; B. Length of dam: 85 feet; 84. Total capacity of pond: 0.70 acre-feet, all active; XI. REQUEST FOR STORAGE RIGHTS; 86. Name of structure: Second Creek Pond No. 5; 87. Legal description: NE/4 SW/4 of Section 24, T15S, R 91W, in the 6th P.M., 2080 feet east of the west section line and 1520 feet north of the south section line; 88. Name and capacity of ditch used to fill reservoir: Second Creek Pond Diversion, via Second Creek Pond No. 4; 89. Source: Second Creek, tributary to the Smith Fork of the Gunnison River; 90. A. Date of Appropriation: June 1, 1955; B. How appropriation was initiated: By construction of pond; C. Date water applied to beneficial use: July 1, 1955; 91. Amount claimed: A. In acre-feet: 0.35 acre-feet, absolute; B. Rate of diversion for filling reservoir: 0.5 c.f.s. through Second Creek Pond Diversion; 92. Use: piscatorial, stock, wildlife watering and wildlife habitat, and recreation; 93. Surface area of high water line: 0.05 acres; A. Maximum height of dam: 9 feet; B. Length of dam: 55 feet; 94. Total capacity of pond: 0.35 acre-feet, all active; XII. APPLICATION FOR SURFACE RIGHTS; 96. Name of structure: Second Creek Pond Diversion; 97. Legal description of point of diversion: NE/4 SW/4 of Section 24, T15S, R91W, in the 6th P.M., 2670 feet east of the west section line and 2325 feet north of the south section line; 98. Source: Second Creek, tributary to the Smith Fork of the Gunnison River; 99. A. Date of initiation of appropriation: June 1, 1955; B. How appropriation was initiated: By construction of the point of diversion; C. Date water applied to beneficial use: July 1, 1955; 100. Amount claimed: 0.5 c.f.s., absolute; 101. Use: for filling and continuous refilling of the Second Creek Pond Nos. 1-5, piscatorial, wildlife watering and wildlife habitat, and recreation; XII. APPLICATION FOR SURFACE RIGHTS; 103. Name of structure: Ferrier Spring No. 1; 104. Legal description of point of diversion: NE/4 NW/4 NE/4 of Section 25, T15S, R91W, in the 6th P.M., 1621 feet west of the east section line and 516 feet south of the north section line; 105. Source: Smith Fork of the Gunnison River; 106. A. Date of initiation of appropriation: June 1, 1939; B. How appropriation was initiated: By collection and beneficial use of water from spring; C. Date water applied to beneficial use: June 1, 1939; 107. Amount claimed: 15 gallons per minute, absolute; 108. Use: Domestic, commercial; A. Description of use: the Ferrier Spring No. 1 provides water to a bunkhouse used to house employees of Applicant’s business; XIV. REQUEST FOR ALTERNATE POINT OF DIVERSION; 110. Decreed name of structure for which change is sought: Ferrier Spring No. 1; 111. From previous decree: A. Beaver Pond Spring: A water right for the Beaver Pond Spring is requested in this Application; B. Ferrier Spring No. 2: (1) Date entered: December 31, 1972; Case No.: W-722; (2) Decreed point of diversion: the correct location for the Ferrier Spring No. 2 is set forth below; (3) Source: groundwater tributary to Smith Fork of the Gunnison River; (4) Appropriation date: June 1, 1969; Amount: 50 gallons per minute; 112. Proposed change: The Ferrier Spring No. 1 will be used as an alternate point of diversion for the Ferrier Spring No. 2 and the Beaver Pond Spring. When and to the extent that the Ferrier Springs No. 1 is used as an alternate point for the Beaver Pond Spring, the use of such water will be limited to domestic and stock water uses. When and to the extent that the Ferrier Spring No. 1 is used as an alternate point for the Ferrier Springs No. 2, the use of such water will be limited to domestic, stock and irrigation uses. Any irrigation performed with diversions from the Ferrier Spring No. 1 will be limited to acreage historically irrigated by the Ferrier Spring No. 2. Diversions from the Ferrier Spring No. 1 as an alternate point will be limited to the amounts physically and legally

18 available from the Ferrier Spring No. 2 and the Beaver Pond Spring; XV. APPLICATION FOR SURFACE RIGHTS; 114. Name of structure: Beaver Pond Spring; 115. Legal description of point of diversion: SW 1/4 SW 1/4 SE 1/4 of Section 24, T15S, R91W, in the 6th P.M., 2395 feet west of the east section line and 50 feet north of the south section line; 116. Source: Smith Fork of the Gunnison River’ 117. A. Date of initiation of appropriation: July 15, 2005; B. How appropriation was initiated: By forming intent to appropriate and by retaining a consultant to obtain information necessary for this application; 118. Amount claimed: 40 gallons per minute, conditional; 119. Use: Domestic, stock; XVI. REQUEST FOR ALTERNATE POINT OF DIVERSION; 121. Decreed name of structure for which change is sought: Beaver Pond Spring; 122. From previous decree: A. Ferrier Spring No. 1: A water right for the Ferrier Spring No. 1 is requested in this Application; B. Ferrier Spring No. 2: (1) Date entered: December 31, 1972; Case No.: W-722; (2) Decreed point of diversion: the correct location for the Ferrier Spring No. 2 is set forth below; (3) Source: groundwater tributary to Smith Fork of the Gunnison River; (4) Appropriation date: June 1, 1969; Amount: 50 gallons per minute; 123. Proposed change: The Beaver Pond Spring will be used as an alternate point of diversion for the Ferrier Spring Nos. 1 and 2. When and to the extent that the Beaver Spring Pond is used as an alternate point for the Ferrier Spring No. 1, the use of such water will be limited to domestic and commercial uses. When and to the extent that the Beaver Spring Pond is used as an alternate point for the Ferrier Spring No. 2, the use of such water will be limited to domestic, stock and irrigation uses. Any irrigation performed with diversions from the Beaver Pond Spring will be limited to acreage historically irrigated by the Ferrier Spring No. 2. Diversions from the Beaver. Spring as an alternate point will be limited to the amounts physically and legally available from the Ferrier Spring Nos. 1 and 2; XVII. CORRECTION OF LEGAL DESCRIPTION; 125. Decreed name of structure for which change is sought: Ferrier Spring No. 2; 126. From previous decree: (1) Date entered: December 31, 1972; Case No.: W-722; (2) Decreed point of diversion: the original decree for the Ferrier Spring No. 2 incorrectly described its legal description as the southwest corner of the SW/4 SE/4 of Section 25, Township 15 South, Range 91 West, 6th P.M.; (3) Source: surface water or near- surface water tributary to Smith Fork of the Gunnison River; (4) Appropriation date: June 1, 1969; Amount: 50 gallons per minute; 127. Correction of Legal Description: The location of the Ferrier Spring No. 2 should be corrected to reflect that the Spring is located in the NE/4 NW/4 of Section 25, Township 15 South, Range 91 West in the 6th P.M., specifically at a point which is 2670 feet east of the west section line and 1032 feet south of the north section line; XVIII. APPLICATION FOR RIGHT OF EXCHANGE; 129. Description of Appropriative Right of Exchange: Applicant seeks the right to exchange reservoir releases from Blue Mesa Reservoir from the Gunnison River, upstream to the points of depletion described in Applicant’s Plan for Augmentation requested in this Application. This right of exchange is an integral component of that Plan for Augmentation; 130. Date of original decree: The decree for the Blue Mesa Reservoir is set out below; 131. Points of exchange: Applicant seeks to exchange water released from Blue Mesa Reservoir pursuant to the Augmentation Plan requested in this Application, from the confluence of the Gunnison River and the Smith Fork of the Gunnison River, upstream along the Smith Fork of the Gunnison River to the points of depletion described in Applicant’s Augmentation Plan, below; 132. Amounts and uses of exchange: After deducting for transit losses, up to 1.708 acre-feet may be exchanged annually for domestic, commercial, stock, lawn and garden irrigation, and evaporation uses. The maximum rate of exchange will be 0.223 c.f.s. if releases are made on a once-monthly basis. If releases are made on an ongoing basis, the maximum rate of exchange will equal 0.012 c.f.s. By this claim, Applicant seeks the above-specified volumes and rates of

19 exchange, plus any additional amount of water deemed necessary by the Division Engineer to account for transit loss in the operation of this exchange in support of the augmentation plan requested in this case ; 133. Date of appropriation of exchange: July 1, 2005. XIX. REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION; 134. Names of structures to be augmented: Smith Fork Pond Nos. 1 and 2, Second Creek Pond Nos. 1-5, Ferrier Spring Nos. 1 and 2, Beaver Pond Spring. 135. Previous decrees for water rights to be used for augmentation: A. Smith Fork Augmentation Pond: a water right for the Smith Fork Augmentation Pond is requested in this Application; B. Blue Mesa Reservoir: Blue Mesa Reservoir (Wayne N. Aspinall unit of the Colorado River Storage Project) was decreed for the storage of 939,204 acre feet in C.A. Nos. 5590 and 6981, Gunnison County District Court, with a November 11, 1957 appropriation date. An additional 124,253 acre-feet, with the same appropriation date, was transferred to the reservoir in C.A. No. 10045, making the total amount decreed to Blue Mesa Reservoir 1,063,457 acre feet; 136. Statement of Plan for Augmentation: At the time of this Application, the Smith Fork of the Gunnison River is over-appropriated from May 20th through the end of October. The mainstem of the Gunnison River is considered over-appropriated year round. The plan for augmentation set out in this Application will offset out-of-priority depletions to both the Smith Fork and the mainstem of the Gunnison River; 137. Depletions from ranch operation: A. Domestic and commercial: The Smith Fork Ranch operates during the summer months of May 15 through October 15 as a guest ranch and during the fall months of October 16 through November as a hunting lodge. During the off-season, the Ranch is occupied by seven people. During the months that the Guest Ranch is in operation, the staff level increases to between 14 to 25 employees with an average of 25 guests during the peak summer season. The Ranch expects the number of full time residents to increase to 41 and the number of guests during the summer months to rise to 60. Additionally, the Ranch intends to begin housing guests during the months of December, January, and February. During the months of November, March, and April the guest ranch will be occupied only by the full time residents. The demand for guests and the staff (including full time residents) are estimated to be 75 gallons per day per person. Depletions are estimated to be 10% of diversions since an ISDS is used at the guest ranch. The total annual demand for the ranch with the anticipated expansion is estimated to be 4.64 acre-feet with depletions of 0.464 acre-feet; B. Stock water: There are an average of 35 head of horses on the ranch from May through October. Each fall the horses are taken off the ranch to winter at lower elevations. Water consumption for the horses is 11 gallons per day with 100% consumption. Monthly water consumption will average 0.036 acre-feet per month and total 0.218 acre-feet per year; C. Lawn irrigation: There is approximately 1,000 square feet of lawn and gardens surrounding the main lodge at the Smith Fork Ranch. Lawn and garden demand was calculated to be 0.049 acre-feet per year with 85% irrigation efficiency. Bluegrass consumption was calculated using the DWR TR21 spreadsheet for Bluegrass at high altitudes. Total annual lawn and garden water consumption was calculated to be 0.041 acre-feet; D. Evaporative depletions: (1) Smith Fork Pond Nos. 1 & 2: Evaporative depletions will occur from the Smith Fork Pond Nos. 1 & 2. Evaporative depletions for Smith Fork Pond No. 1 will equal 1.867 acre-feet annually and for Smith Fork Pond No. 2 will equal 1.343 acre-feet;(2) Second Creek Pond Nos. 1-5: The total surface area of the Second Creek Ponds is 0.5 acres with a calculated annual evaporation of 1.46 acre-feet; 138. Operation of Plan for Augmentation: During the non-irrigation season of November through April, the Smith Fork Augmentation Pond will fill when in priority and will remain full until a call is placed by a downstream senior water right on the Smith Fork of the Gunnison. Out- of-priority depletions from the Smith Fork Ranch will be offset through augmentation

20 releases from that structure. A call from the Redlands Power Canal on the mainstem of the Gunnison River will be met with a water service contract with the U.S. Bureau of Reclamation for the release of 2.0 acre-feet from Blue Mesa Reservoir to augment out-of-priority depletions at the guest ranch, including evaporative depletions from the Smith Fork Pond Nos. 1 and 2 and the Second Creek Pond Nos. 1-5 during the non-irrigation season. Transit losses of 0.15% per mile for 30.5 miles from the Blue Mesa Reservoirs to the confluence with the North Fork of the Gunnison River have been calculated and added to the augmentation requirement. Total augmentation requirements to the Smith Fork of the Gunnison River is 3.677 acre-feet and the total augmentation requirements to the Gunnison River is 1.787 acre-feet including transit losses. No out-of-priority depletions will occur from the Smith Fork Augmentation Pond. (30 pages) DELTA COUNTY.

33. Case No. 05CW234. Applicant: Volk Ranch, LLLP, 15488 CR 77, Somerset, CO 81434. Application for Approval of Plan of Augmentation for George Volk Domestic Pipeline and Downing Ditch Domestic. Application for Surface Water Rights: Green Lake Ditch Upper, SW ¼ of the NE ¼ of the NW ¼ of Section 22, T 12 S, R 89 W, 6th PM, 1158 feet north and 2216 feet west of section lines, source – Dugout Creek tributary to Muddy Creek, appropriation date 10/11/05, amount claimed 2.50 cfs absolute for irrigation and to fill Green Lake; Green Lake Lower Ditch, SE ¼ of the NW ¼ of the NW ¼ of Section 22, T 12 S, R 89 W, 6th PM, 741 feet from north and 774 feet from west section lines, source Dugout Creek tributary to Muddy Creek, appropriation date 10/11/05, amount claimed 2.50 cfs absolute for irrigation; Green Lake Ditch Middle, SW ¼ of the NE ¼ of the NW ¼ of Section 22, T 12 S, R 89 W, 6th PM, 1151 feet from north and 1772 feet from west section lines, source – Dugout Creek tributary to Muddy Creek, appropriation date 10/11/05, amount claimed 2.50 cfs absolute for irrigation and to fill Green Lake; Volk Downing Springs, NW ¼ of the SE ¼ of the SW ¼ of Section 4, T 12 S, R 89 W, 6th PM, 848 feet from south and 1711 feet from west section lines, source – feeds Volk Ragged MT Lake, appropriation date 10/11/05, amount claimed .50 cfs conditional to fill Volk Ragged Mountain Lake and irrigation; Volk Little Collar Spring, SW ¼ of the SE ¼ of the NW ¼ of Section 21, T 12 S, R 89 W, 6th PM, 2046 feet from north and 1828 feet from west section lines, source – feeds little Cellar Pond, appropriation date 10/11/05, amount claimed .05 cfs absolute to fill pond and irrigation; Volk Sylvester Upper Middle Pond Spring, NE ¼ of the NW ¼ of the NE ¼ of Section 16, T 12 S, R 89 W, 6th PM, 652 feet from north and 1621 feet from east section lines, source – springs tributary to Muddy Creek, appropriation date 10/11/05, amount claimed .15 cfs conditional to fill pond and irrigation; Volk Sylvester Middle Pond Spring #2, NW ¼ of the NW ¼ of the NE ¼ of Section 16, T 12 S, R 89 W, 6th PM, 93 feet from north and 2148 feet from east section lines, source – springs tributary to Muddy Creek, appropriation date 10/11/05, amount claimed .10 cfs conditional to fill pond and irrigation. Application for Change of Water Right: Bever Hide Ditch, NE ¼ of the NE ¼ of the NW ¼ of Section 21, T 12 S, R 89 W, 6th PM, 180 feet from north and 2572 feet from west section lines, source – Spring Creek tributary to Muddy Creek, appropriation date 9/1/1919, amount claimed 1.875 cfs for irrigation; Downing Ditch, NE ¼ of the SW ¼ of the NW ¼ of Section 10, T 12 S, R 89 W, 1509 feet from the north and 1061 feet from the west section lines, source – Spring Creek, Muddy Creek, North Fork of the Gunnison, appropriation date 9/15/1915, amount claimed .75 cfs for domestic use. Application for Water Storage Right: Volk Plute Meadow Pond, SW ¼ of the NE ¼ of the SW ¼ of Section 22, T 12 S, R 89 W, 6th PM, 1889 feet from south and 1644 feet from west section lines, source – tributary to Muddy Creek, appropriation date 9/30/05, amount claimed 7.00 acre feet conditional for irrigation; Volk Little Cellar Pond, SW ¼ of the SE ¼ of the NW ¼ of Section 21, T 12

21 S, R 89 W, 6th PM, 2046 feet from north and 1828 feet from west section lines, source – tributary to Muddy Creek, appropriation date 9/30/05, amount claimed 4.0 acre feet conditional for irrigation and fish; Volk Sylvester Upper Middle Pond, SW ¼ of the NW ¼ of the NE ¼ of Section 16, T 12 S, R 89 W, 6th PM, 723 feet from north and 2052 feet from east section lines, source – springs tributary to Muddy Creek, appropriation date 9/30/05, amount claimed 27.5 acre feet conditional for irrigation, fish and recreation; Volk Sylvester Middle Pond, SE ¼ of the NW ¼ of the NE ¼ of Section 16, T 12 S, R 89 W, 6th PM, 904 feet from north and 1814 feet from east section lines, source – springs tributary to Muddy Creek, appropriation date 9/30/05, amount claimed 8.61 acre feet conditional fir irrigation and fish; Volk Ragged Mountain Lake, NW ¼ of the SE ¼ of the SW ¼ of Section 4, T 12 S, R 89 W, 6th PM, 992 feet from south and 1455 feet from west section lines, source – waste water tributary to Muddy Creek, appropriation date 12/31/1976, amount claimed 62 acre feet conditional for fish, recreation and augmentation; Volk Sylvester CG Pond, SE ¼ of the SE ¼ of the NW ¼ of Section 16, T 12 S, R 89 W, 6th PM, 2507 feet from north and 2502 feet from west section lines, source – tributary to Muddy Creek, appropriation date 9/30/05, amount claimed 13.77 acre feet absolute for fish, recreation and augmentation; Volk Horse Pasture Pond, SW ¼ of the NE ¼ of the NE ¼ of Section 21, T 12 S, R 89 W, 6th PM, 6096 feet from north and 1239 feet from east section lines, source – spring tributary to Muddy Creek, appropriation date 9/30/05, amount claimed 1.10 acre feet conditional for fish and recreation; Volk Green Lake Pond, NE ¼ of the NW ¼ of the NW ¼ of Section 22, T 12 S, R 89 W, 6th PM, 582 feet from north and 1063.26 feet from west section line, source – springs tributary to Muddy Creek, appropriation date 9/30/05, amount claimed 20.5 acre feet conditional for irrigation and fish. GUNNISON COUNTY.

34. Case No. 05CW235. Applicant: Nick Hughes, 708 12.50 Road, Delta, CO 81416. Applications for Surface Water Rights: John Medved # 4 Ditch, NE ¼ of the NW ¼ of the SE ¼ of Section 5, T 12 S, R 89 W, 6th PM, 2137 feet from south and 1405 feet from east section line, source – ditch tributary to Muddy Creek, appropriation date 9/30/05, amount claimed 1.5 cfs absolute for irrigation; Hughes Spring No. 1, SW ¼ of the SE ¼ of the NW ¼ of Section 4, T 12 S, R 89 W, 6th PM, 1953 feet from north and 1352 feet from west section line, source – spring tributary to Muddy Creek, appropriation date 9/30/05, amount claimed .02 cfs conditional for stock and domestic; Hughes Spring No. 2, NW ¼ of the NW ¼ of the SE ¼ of Section 4, T 12 S, R 89 W, 6th PM, 2383 feet from north and 2608 feet from east section line, source – spring tributary to Muddy Creek, appropriation date 9/30/05, amount claimed .02 cfs conditional for stock and domestic; Hughes Spring No. 3, SW ¼ of the NE ¼ of the SE ¼ of Section 4, T 12 S, R 89 W, 6th PM, 1930 feet from south and 1057 feet from east section line, source – spring tributary to Muddy Creek, appropriation date 9/30/05, amount claimed .02 cfs conditional for stock and domestic. GUNNISON COUNTY.

35. Case No. 05CW236. Applicant Information: North Fork Water Conservancy District c/o S. Gregg Stanway, Briscoe & Stanway, P.C. P.O. Box 120, Hotchkiss, CO 81419 (970) 872-3118. • The District, by virtue of an initial agreement dated June 1, 1973, entered into an agreement whereby the Association may divert and purchase, on an annual basis, up to two thousand acre feet of water to various headgates utilized by its members. Said agreement, or successors thereto have been in effect continuously since the above date. • The following ditches may divert water under the terms of this agreement: a. Arthur L. Martin Ditch

22 b. Beuten ditch No.2 c. Bever Hide Ditch d. Black Sage Ditch e. Botsford Ditch f. Can Ditch g. Chute Ditch h. Columbine Ditch i. Coyote Ditch j. Coyote Ditch No.1 k. Coyote Ditch No.2 l. Crystal Ditch No.2 m. Deer Ditch n. Ditch No. 2 Ditch o. Ditch No. 3 Ditch p. Ditch No. 4 Ditch q. Downing Ditch r. Drift Creek Ditch s. Dugout Ditch t. Dyke No. 2 Ditch u. Dyke Creek Ditch v. Elk Ditch w. Elks Beaver Ditch x. Filmore Ditch y. Fred Shaffer Ditch z. Grouse Creek Ditch aa. Grouse Creek Extension bb. Homestead Ditch cc. Hutchens Ditch dd. John Medved Ditch No.3 ee. John W. Walker Ditch ff. Larson Ditch gg. Larson Ditch No.2 hh. Lee Creek Ditch No.2 ii. Lost Cabin Ditch jj. Martin Ditch No.1 kk. No. 2 Buck Creek Ditch ll. Oak Leaf Ditch mm. Ridge Ditch nn. Snooks Ditch oo. Snooks Ditch No.2 pp. Spatafore Ditch qq. Sperry Ditch rr. Streber Ditch ss. Twin Spruce Ditch tt. Volk Ditch uu. Welch Mesa ditch vv. William Creek Ditch ww. Wray Ditch • Stream Reach: This exchange occurs between the Paonia Reservoir, the dam for which is located in the NW ¼ of Section 9 and the NE ¼ of Section 8, T 13 S, R 89 W 6th P.M. and the Dyke No. 2 Ditch which is located in the NE ¼ NW ¼ SE ¼ of Section 8 T 11S R 91W 6th P.M.

23 • Further info about location of ditches and amounts claimed is available on file at the Water Court. GUNNISON COUNTY.

36. Case No. 05CW237. Applicant: David and Tammy Anderson, 2069 Bluewater Drive, Fruita, CO 81521. Application to Make Absolute: Monument Spring, SE ¼ of the NE ¼ of the NW ¼ of Section 17, T 13 S, R 101 W, 6th PM, 660 feet west of the SE Corner, source – Gunnison River, appropriation date 2/26/99, amount claimed .05 cfs for domestic, agricultural, wildlife, recreation and fish culture. MESA COUNTY.

37. Case No. 05CW238. Applicant: John Sturgis, 12673 36.45 Road, Hotchkiss, CO 81419. Application to Make Absolute: Sturgis Spring No. 1, SW ¼ of the SE ¼ of the NW ¼ of Section 16, T 14 S, R 92 W, 6th PM, 1850 feet east of the west section line and 2200 feet south of the north section line, source – Gunnison River, appropriation date 6/20/02, amount claimed .02 cfs for irrigation and pond. DELTA COUNTY.

38. Case No. 05CW239. Applicant: Robert and Nancy Haueisen, 3000 Clear Fork Road, Maher, CO 81421. Application for Surface Water Rights: Haueisen Lynch No. 1 Spring, SW ¼ of the NE ¼ of the NE ¼ of Section 34, T 51 N, R 6 W, 668 feet from north and 1114 feet from east section line, amount claimed .125 cfs for irrigation, stock and domestic; Haueisen Lynch No. 2 Spring, SW ¼ of the NE ¼ of the NE ¼ of Section 34, T 51 N, R 6 W, 1188 feet from north and 781 feet from east section line, amount claimed .125 cfs for irrigation, stock and domestic; Haueisen Laird No. 1 Ditch, SE ¼ of the SW ¼ of the SE ¼ of Section 35, T 51 N, R 6 W, 39 feet from the south and 1627 feet from the east section line, amount claimed .25 cfs for irrigation and stock; Haueisen Laird No. 2 Ditch, SE ¼ of the SW ¼ of the SE ¼ of Section 35, T 51 N, R 6 W, 65 feet from the south and 1450 feet from the east section line, amount claimed 2.00 cfs for irrigation and stock; Haueisen Laird No. 3 Ditch, SE ¼ of the NE ¼ of the NE ¼ of Section 2, T 50 N, R 6 W, 1272 feet from the north and 59 feet from the east section line, amount claimed 1.00 cfs for irrigation and stock; Haueisen Laird No. 4 Ditch, NW ¼ of the SW ¼ of the NW ¼ of Section 1, T 50 N, R 6 W, 1767 feet from the north and 637 feet from the west section line, amount claimed 1.00 cfs for irrigation and stock; Haueisen McClough No. 1, NE ¼ of the SE ¼ of the SW ¼ of Section 36, T 51 N, R 6 W, 1001 feet from the south and 2554 feet from the west section line, amount claimed .125 cfs for irrigation, stock and domestic; Haueisen McClough No. 2, NW ¼ of the SE ¼ of the SE ¼ of Section 36, T 51 N, R 6 W, 792 feet from the south and 757 feet from the east section line, amount claimed .125 cfs for irrigation stock and domestic; Haueisen McClough No. 3, SW ¼ of the NW ¼ of the SE ¼ of Section 36, T 51 N, R 6 W, 1413 feet from the south and 2222 feet from the east section line, amount claimed 1.00 cfs for irrigation and stock; Haueisen McClough No. 4, SE ¼ of the SW ¼ of the NE ¼ of Section 36, T 51 N, Range 6 W, 2408 feet from the north and 1838 feet from the east section line, amount claimed .50 cfs for irrigation, stock and domestic; Haueisen McClough No. 5, SW ¼ of the NW ¼ of the NE ¼ of Section 36, T 51 N, R 6 W, 1169 feet from the north and 2044 feet from the east section line, amount claimed .125 cfs for irrigation, stock and domestic; Haueisen Ferrior No. 1 Spring, SE ¼ of the SW ¼ of the NW ¼ of Section 35, T 51 N, R 5.5 W, 2484 feet from the north and 1135 feet from the west section line, amount claimed .125 cfs for irrigation, stock and domestic; Haueisen Ferrior No. 2 Spring, NE ¼ of the SW ¼ of the SW ¼ of Section 35, T 51 N, R 5.5 W, 1157 feet from the south and 1011 feet from the west section line, amount claimed .50 cfs for irrigation, stock and domestic; Haueisen Meek No. 1 Spring, SW ¼ of the NE ¼ of the NW ¼ of Section 33, T 50 N, R 6 W, 1260 feet from

24 the north and 1508 feet from the west section line, amount claimed .125 cfs for irrigation, stock and domestic; Haueisen Meek No. 2 Spring, NW ¼ of the NW ¼ of the NW ¼ of Section 33, T 50 N, R 6 W, 420 feet from the north and 263 feet from the west section line, amount claimed .125 cfs for irrigation, stock and domestic; Haueisen Meek No. 3 Spring, NW ¼ of the NW ¼ of the SW ¼ of Section 28, T 50 N, R 6 W, 2023 feet from the south and 138 feet from the west section line, amount claimed .125 cfs for irrigation, stock and domestic. Appropriation Date for all structures is 10/6/05. Source of all structures is the Gunnison River. MONTROSE AND GUNNISON COUNTY.

39. Case No. 05CW240. Applicant: Lynn Sanburg, 16492 Cedar Park Road, Eckert, CO 81418. Application for Surface Water Rights: Gard Ditch / B & M Ditch – Gard Ditch, NW ¼ of the SE ¼ of Section 35, T 13 S, R 95 W, 2180 feet from south and 2637 feet from east; B & M Ditch, SE ¼ of the SE ¼ of Section 26, T 13 S, R 95 W, 789 feet from south and 588 feet from east; Cedar Park Ditch, NW ¼ of Section 9, T 13 S, R 95 W. All structures in 6th PM. Source: Gard and B & M – Ward Creek; Cedar Park Ditch – Dirty George Creek alternate point Camp Creek, all tributary of Tongue Creek and Gunnison River. Appropriation Date: Gard Ditch / B & M Ditch – 1883; Cedar Park – 1889. Amount Claimed: Gard Ditch / B & M Ditch - .50 cfs absolute for stock water; Cedar Park - .25 cfs absolute for additional stock water to Cedar Park Ranch. DELTA COUNTY.

40. Case No. 05CW241. Applicant: Andy and Tonya Pipher, 38191 Linman Road, Crawford, CO 81415. Application for Surface Water Rights: All Structures are in Range 6 West, Township 50 North and the 6th PM. Ayer Spring, NE ¼ of the NE ¼ of the SW ¼ of Section 27, 1992 feet from south and 2651 feet from west, amount claimed .125 cfs for irrigation, stock and domestic; Oak Spring, SE ¼ of the SE ¼ of the SW ¼ of Section 27, 234 feet from south and 2149 feet from west, amount claimed .125 cfs for irrigation, stock and domestic; Alkali Spring, NW ¼ of the NE ¼ of the NW ¼ of Section 34, 124 feet from the north and 1557 feet from the west, amount claimed .125 cfs for irrigation, stock and domestic; Lower Willow Spring, NE ¼ of the NE ¼ of the NW ¼ of Section 34, 253 feet from north and 2105 feet from west, amount claimed .125 cfs for irrigation, stock and domestic; Upper Willow Spring, NE ¼ of the NE ¼ of the NW ¼ of Section 34, 362 feet from north and 2357 feet from west, amount claimed .25 cfs for irrigation, stock and domestic; George Spring, NW ¼ of the NW ¼ of the NW ¼ of Section 34, 722 feet from the north and 138 feet from the west, amount claimed .063 cfs for irrigation, stock and domestic; High Fence Spring, NW ¼ of the NW ¼ of the SW ¼ of Section 34, 2530 feet from the south and 304 feet from the west, amount claimed .03 cfs for irrigation, stock and domestic; Salt Spring, SE ¼ of the SE ¼ of the NW ¼ of Section 34, 2613 feet from the north and 2625 feet from the west, amount claimed .125 cfs for irrigation, stock and domestic; Upper Bear Spring, NW ¼ of the SE ¼ of the NW ¼ of Section 34, 1858 feet from the north and 1370 feet from the west, amount claimed .125 cfs for irrigation, stock and domestic; Lower Bear Spring, NE ¼ of the SW ¼ of the NW ¼ of Section 34, 1527 feet from north and 925 feet from west, amount claimed .125 cfs for irrigation, stock and domestic; Curley Spring, SW ¼ of the SW ¼ of the SW ¼ of Section 27, 118 feet from the south and 288 feet from the west, amount claimed .125 cfs for irrigation, stock and domestic. Source of all the structures is the Gunnison River. Appropriation Date for all structures is 10/4/05. MONTROSE AND DELTA COUNTY.

41. Case No. 05CW242. AMENDED APPLICATION FOR CHANGE OF WATER RIGHT: It has come to the applicant’s attention that the legal descriptions of the

25 proposed alternative points of diversion listed below described the points as being within the 6th Prime Meridian when the locations are actually within the New Mexico Prime Meridian. Accordingly, Applicants file this amended and corrected application with the correct legal descriptions. No other changes have been made in the applications and the GPS locations are also unchanged. 1. Name, address, telephone number, residence of applicants: Donald R. Hart and Jane M. Hart, 3500 Clear Fork Road, Crawford, CO 81415, 970-921-5299 2. Decreed name of structure for which change is sought: Hartman-McIntyre Ditch 3. From previous Decree: Date Entered: June 17, 1889. Decreed point of diversion: Approximate location is in the NW 1/4 the NW 1/4 of Section 4, T50N, R6W, NMPM approximately 100 feet East of the West section line and approximately 700 feet South of the North section line. GPS coordinates as determined by Assistant Water Commissioner Hank LeValley are: 5 S 0277657 4278999 See attached map. A. Source: Muddy Creek (NOTE: Tabulation indicates Iron Creek, which is incorrect) B. Appropriation Date: October 9, 1883 Amount: 9.5 c.f.s. C. Historic use: Irrigation of approximately 30 additional acres, over and above those lands irrigated from the Hartman McIntyre headgate. 4. Proposed change: Applicants desire the approval of two alternative points of diversion for the Hartman-McIntyre Ditch. Both points of diversion have been in use for many years by Applicants and their predecessors in interest. All points of diversion have flumes installed. Total usage at any one time would not exceed the total amount decreed to the Hartman-McIntyre Ditch. Description of Alternative point of Diversion #1: Located in Montrose County in the NW 1/4 of the SW 1/4 of section 3, T50 N, R6W of the NMPM approximately 3000 feet South of the North section line and approximately 800 feet East of the West section line. GPS coordinates as determined by the assistant water commissioner are: 13 S 0279262 4278353 Description of Alternative Point of Diversion #2: Located in Montrose County in the NE ¼ of the SE ¼ of Section 4, T50N, R6 W, NMPM approximately 1300 feet South of the North section line and approximately 1300 feet West of the East section line. GPS coordinates as determined by the assistant water commissioner are: 13 S 0278808 4278360 5. Name and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Donald R. Hart and Jane M. Hart, 3500 Clear Fork Road, Crawford, CO 81415, 970-921-5299. MONTROSE COUNTY.

42. Case No. 05CW243. GUNNISON COUNTY North Fork of the Gunnison River; Ronald O. Littles; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, 970-241-5500; APPLICATION FOR SURFACE RIGHTS, STORAGE RIGHTS, AND REQUEST FOR FINDING OF DILIGENCE; 1. Name, address, and telephone number of Applicant: Ronald O. Littles, P.O. Box 70, Doniphan, MO 63935; 2. Name of structure: Quaking Aspen Spring Pipeline, 3. Legal description: SW/4 NE/4 of Section 7, T13S, R88W, 6th P.M. at a point South 60°15' East 3,272 feet from the southeast corner of Section 1, T13S, R89W, 6th P.M.; 4. Source: surface water tributary to Anthracite Creek and the North Fork of the Gunnison River; 5. A. Date of appropriation: July 14, 1980, by surveying and staking spring location, B. Date applied to beneficial use: June 1, 1992; 6. Amount claimed: .03 c.f.s., in addition to the .07 c.f.s. decreed for the Quaking Aspen

26 Spring Pipeline in Case No. 91CW101; 7. Use: Stockwatering, domestic, lawn and garden irrigation, A. Description of non-irrigation use: The Quaking Aspen Spring Pipeline provides stock water, domestic water, and lawn and garden irrigation water through a 4,000 ft. long, four inch diameter pipeline; 8. Owner of land on which structure is located: The point of diversion for the Quaking Aspen Spring Pipeline is located on land owned by the United States Forest Service; III. APPLICATION FOR STORAGE RIGHT; 9. Name of reservoir: Littles Pond No. 1; 10. Legal description: SW/4 SE/4 of Section 1, T13S, R89W, 6th P.M., 765 feet from the south section line and 1820 feet from the east section line; 11. Source: Quaking Aspen Spring Pipeline and natural runoff, all tributary to Anthracite Creek ; 12. A. Date of appropriation: July 1, 1991, B. How appropriation was initiated: By construction of pond, C. Date water applied to beneficial use: August 1, 1991; 13. Amount claimed: 5 acre-feet, absolute; 14. Use: Irrigation, piscatorial, fire protection, wildlife watering directly from pond, A. Description of irrigation: Overflow from the Littles Pond No. 1 will be used for the irrigation of trees planted by Applicant, lawn and garden irrigation, and irrigation for wildlife habitat and forage; 15. Surface area of high water line: 0.5 acres, A. Maximum height of dam: less than 10 feet, B. Length of dam: 150 feet, 16. Total capacity of reservoir: 5 acre-feet, all dead storage; IV. APPLICATION FOR STORAGE RIGHT; 17. Name of reservoir: Littles Pond No. 2; 18. Legal description: SW/4, SE/4 of Section 1, T13S, R89W, 6th P.M., 247 feet from the south section line and 2030 feet from the east section line; 19. Source: Quaking Aspen Spring Pipeline and natural runoff, all tributary to Anthracite Creek; 20. A. Date of appropriation: July 1, 1992, B. How appropriation was initiated: By construction of pond, C. Date water applied to beneficial use: August 1, 1992; 21. Amount claimed: 5 acre-feet, absolute, 22. Use: Piscatorial, irrigation, fire protection, wildlife, A. Description of irrigation: Overflow from the Littles Pond No. 2 will be used for the irrigation of trees planted by Applicant, lawn and garden irrigation, and irrigation for wildlife habitat and forage; 23. Surface area of high water line: 0.5 acres, A. Maximum height of dam: less than 10 feet, B. Length of dam: 135 feet; 24. Total capacity of reservoir: 5 acre-feet, all dead storage; V. APPLICATION FOR STORAGE RIGHT; 25. Name of reservoir: Littles Pond No. 3; 26. Legal description: SW/4, SE/4 of Section 1, T13S, R89W, 6th P.M., 889 feet from the south section line and 1,478 feet from the east section line; 27. Source: Quaking Aspen Spring Pipeline and natural runoff, all tributary to Anthracite Creek; 28. A. Date of appropriation: December 20, 2005, B. How appropriation was initiated: By consultation with attorney and engineer regarding location and size of planned pond and by development of intent to appropriate; 29. Amount claimed: 10 acre-feet, conditional; 30. Use: Piscatorial, irrigation, fire protection, wildlife watering, A. Description of irrigation: Overflow from the Littles Pond No. 3 will be used for the irrigation of trees planted by Applicant, lawn and garden irrigation, and irrigation for wildlife habitat and forage; 31. Surface area of high water line: 1.0 acres, A. Maximum height of dam: less than 10 feet, B. Length of dam: 100 feet; 32. Total capacity of reservoir: 10 acre-feet, all dead storage; VI. REQUEST FOR FINDING OF DILIGENCE (Littles Spring Pipeline); 33. Name of structure: Littles Spring Pipeline; 37. Description of conditional water right: A. Date of original decree: August 2, 1993; Case No.: 92CW140, B. Legal description: NW 1/4 NW 1/4, Section 7, T13S, R88W, 6th P.M. at a point South 85° East 1,280 feet from the southeast corner of Section 1, T13S, R89W, 6th P.M., C. Source: seeps and springs tributary to Anthracite Creek and the North Fork of the Gunnison River, D. Appropriation date: November 24, 1973; Amount: 25 gpm (0.056 c.f.s.), E. Use: Stockwatering, domestic, lawn and garden irrigation; 34. Work towards application of water to beneficial use: During the last six years, Applicant has made improvements and modifications to the existing pipeline from the Quaking Aspen Spring to accommodate a connection to the Littles Spring Pipeline. Applicant’s engineering

27 firm has completed a preliminary cost evaluation for the infrastructure for the subdivision, including the water supply system that will carry water from the Littles Spring Pipeline. Additionally, Applicant has conducted a flow test on the Littles Spring to quantify flow rates during periods of high and low flows; 35. Name and address of owner of land on which structure is located: The Littles Spring Pipeline is located on land owned by the United States Forest Service. (8 pages) GUNNISON COUNTY.

43. Case No. 05CW244. Delta County, Water District No. 4 Applicant: Shirley Greenhill and Colleen Kumpar, 1556 S. Helena Circle, Aurora, CO 80017 c/o Wilderson, O’Hayre & Dawson, P.C., 120 North Taylor - P.O. Box 179, Gunnison, Colorado 81230, (970) 641-3326; Type of Application: Application for Underground Water Right (Conditional), Change in Water Right, and Approval of Plan of Augmentation; Name of Structure #1: G-K Well No. 1 and G-K Well No. 2; Locations; Points of Diversion: The G-K Well No. 1 will be located approximately 1100 feet from the east section line and 500 feet from the south section line in Section 20, Township 13 South, Range 91 West of the 6th P.M. The G-K Well No. 2 will be located approximately 300 feet from the east section line and 300 feet from the south section line in Section 20, Township 13 South, Range 91 West of the 6th P.M.; Source and Depth: Alluvium of Terror Creek, a tributary to the North Fork of the Gunnison River, a tributary to the Gunnison River, each at an approximate depth of 100 feet; Quantity/ Appropriation Date/ Use: The appropriation was initiated November 15, 2005, by inspection of the property, development of a water right plan by Applicant’s engineers and attorneys, subsequently filing this application and the publication of notice of this application. The G-K Well Nos. 1 and 2 will each be used for household purposes for one single family residence, irrigation of up to 3,700 square feet of lawn and garden, watering of up to 2 horses, and fire protection. The applicants claim 0.033 c.f.s. (15 g.p.m.), 0.655 acre feet per year per well for a total of 1.310 acre feet per year, conditional. Type of Structure: Well; Land Owner: Applicants are the owners of the land upon which the G-K Well Nos. 1 and 2 will be located. Name of Structure #2: 12 shares in the Terror Ditch and Reservoir Company, representing 6% of the 200 issued and outstanding shares in that Company. The Terror Ditch and Reservoir Company operates the Terror Ditch and Bruce Park Reservoir, which are comprised of the following rights. The Terror Ditch was decreed for 6.0 cfs on April 12, 1901 in Case No. CA 0228 and for 6.0 cfs on February10, 1930 in Case No. CA 2030 for irrigation purposes. The Terror Ditch was additionally decreed for 1.5 cfs on March 20, 1954 in Case No. CA 3503 for domestic use. The Terror Ditch Hubbard Creek Extension was decreed for 6.0 cfs on April 12, 1901 in Case No. CA 0228 and for 23.0 cfs on December 31, 1989 in Case No. 89CW159. The Terror Ditch Hubbard Extension is used to fill the Bruce Park (aka Terror) Reservoir. The Bruce Park Reservoir was decreed absolute for 223.0 acre- feet and conditionally for 237.5 acre-feet on May 28, 1937 in Case No. CA2563. An additional 81.5 acre-feet was decreed conditionally on March 20, 1954 in Case No. CA 3505. On December 23, 1975 in Case No. CA 2534, 225.7 acre-feet was made absolute and in Case No. CA2535, 81.5 acre-feet was made absolute. Proposed Change: Applicant proposes to change the use of 0.0078 c.f.s of the interest in the water rights administered by the Terror Ditch and Reservoir Company from its presently decreed use to use in connection with the augmentation plan described herein. Names and addresses of owners of land on which structures are located: Applicants are the owners of the land upon which the change will be effected. Plan of Augmentation: The plan of augmentation will augment for all out- of-priority depletions from the G-K Well No. 1 and G-K Well No. 2 by the use of (i) dry-up credits will be obtained from 0.37 acres retired from irrigation under the Terror

28 Ditch and Reservoir Company, and (ii) releases from Blue Mesa Reservoir in accordance with a water contract with the United States Bureau of Reclamation during times for calls downstream below the Blue Mesa Dam. DELTA COUNTY.

44. Case No. 05CW245. SPRING CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE GUNNISON RIVER, IN GUNNISON COUNTY, COLORADO, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. c/o Virginia Brannon, Assistant Attorney General, 1525 Sherman Street, 5th Flr, Denver, CO 80203. 2. Name of natural stream: Spring Creek (instream flow). 3. Location: The CWCB is claiming two separate water rights. a. The first water right is natural springs which seeps into the drainage area on public lands: located in the SE ¼ NE ¼ Section 10, Township 12 South, Range 89 West of the 6th Principal Meridian in the Gunnison National Forest at a point described as 218 feet from the East section line and 1591 feet from the North section line, Latitude 39° 01’ 54.3” North and Longitude 107° 18’ 50.3” West downstream approximately 100 feet to a point described as 774 feet from the East section line and 1515 feet from the North section line, Latitude 39° 01’ 55.0” North and Longitude 107° 18’ 57.3” West. b. The second water right is on public lands in the SE ¼ NE ¼ Section 10, Township 12 South, Range 89 West of the 6th Principal Meridian in the Gunnison National Forest, in the natural channel at a point described as 774 feet from the East section line and 1515 feet from the North section line, Latitude 39° 01’ 55.0” North and Longitude 107° 18’ 57.3” West down to the headgate of the Downing Ditch, in the natural channel at a point described as 1057 feet from the East section line and 1570 feet from the North section line, Latitude 39° 01’ 54.5” North and Longitude 107° 19’ 40.0” West. 4. Use of water: To preserve the water dependent natural environment of Spring Creek to a reasonable degree. 5. a. Date of initiation of appropriation: January 23, 2002 for the water right described in 3.b. above in the amounts of 2.7 cfs (April 15—August 14); 0.8 cfs (August 15—October 14); and 0.5 cfs (October 15—April 14). May 25, 2005 for the water right described in 3.a. above and for the water right described in 3.b. above in the amounts of 1.9 cfs (August 15—October 14) and 2.2 cfs (October 15—April 14). b. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2002 for the water right described in 3.b. above in the amounts of 2.7 cfs (April 15—August 14); 0.8 cfs (August 15—October 14); and 0.5 cfs (October 15— April 14); and on May 25, 2005 for the water right described in 3.a. above and for the water right described in 3.b. above in the amounts of 1.9 cfs (August 15—October 14) and 2.2 cfs (October 15—April 14). c. How appropriation was initiated: At its regular meeting on January 23, 2002, the Colorado Water Conservation Board appropriated the water right described in 3.b. above in the amounts of 2.7 cfs (April 15—August 14); 0.8 cfs (August 15—October 14); and 0.5 cfs (October 15—April 14), pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. At its regular meeting on May 25, 2005, the Colorado Water Conservation Board appropriated the water right described in 3.a. above and the water right described in 3.b. above in the amounts of 1.9 cfs (August 15— October 14) and 2.2 cfs (October 15—April 14), pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 6. Amount of water claimed (ABSOLUTE): First water right (described in 3.a. above): All unappropriated water. Second water right (described in 3.b. above): Instream flow of 2.7 cfs (April 15—August 14); 0.8 cfs (August 15—October 14); and 0.5 cfs (October 15—April 14) with a January 23, 2002 appropriation date and 1.9 cfs (August 15—October 14) and 2.2 cfs (October 15—April 14) with an appropriation

29 date of May 25, 2005. 7. Remarks: These appropriations are made pursuant to the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. The purpose of these appropriations by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 25. 2005, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. 8.Terms and Conditions: The United States Forest Service shall hold a springing executory interest in the water rights decreed herein. Such rights shall vest if, and only if, the following events occur: a. The legislature of the State of Colorado abolishes the Board’s instream flow program; or b. The legislature of the State of Colorado takes such other steps as will have the effect of terminating the Board’s instream flow program, or otherwise preventing the Board from protecting these rights in the manner described in the enforcement agreement entered into between the Board and the Forest Service, attached to this proposed decree. The above terms and conditions were agreed to pursuant to the stipulation of the Colorado Water Conservation Board and the United States Forest Service, and because of the unique characteristics and circumstances concerning Spring Creek, and therefore establishes no precedent or expectation or interest with respect to any other stream within the State of Colorado. GUNNISON COUNTY.

45. Case No. 05CW246. Applicant: Forrest and Joan Tinkler, 16311 62.50 Road, Montrose, CO 81401. Application for Surface Water Rights: Pump – NW ¼ of the NW ¼ of Section 1, T 48 N, R 10 W, NMPM, 2824 feet from north and 1092 feet from west section line, source – Spring Creek, appropriation date 12/29/05, amount claimed .044 cfs conditional for irrigation. MONTROSE COUNTY.

46. Case No. 05CW247. Applicant: Forrest and Joan Tinkler, 16311 62.50 Road, Montrose, CO 81401. Application for Surface Water Rights: WW – NW ¼ of the NW ¼ of Section 1, T 48 N, R 10 W, NMPM, 2468 feet from north and 1138 feet from west section line, source – Spring Creek, appropriation date 1/1/1958, amount claimed .25 cfs absolute for irrigation and livestock. MONTROSE COUNTY.

47. Case No. 05CW248. APPLICATION FOR CHANGE OF WATER RIGHT Name, address, telephone number of applicant: Donald R. Hart and Jane M. Hart, 3500 Clear Fork Road, Crawford, CO 81415, 970-921-5299; Attorney for Applicant: S. Gregg Stanway, Briscoe & Stanway, P.C., P.O. Box 120, Hotchkiss, CO 81419; 970-872-3118. Decreed name of structure for which change is sought: Tyler Reservoir From previous Decree: Date Entered: Jan. 1 , 1964. Decreed point of diversion as described in original decree: “That said reservoir derives its supply of water from three sources: A natural draw tributary to Muddy Creek; a diversion ditch from a draw tributary to Muddy Creek ; and the Charles Tyler Ditch out of the North Fork of Muddy Creek, all in Water District No. 40” Source: Muddy Creek Appropriation Date: October 1, 1954 Amount: 169.3 acre feet. Historic use: Irrigation Proposed change: Applicants request that the Court amend the original decree to reflect the actual point of diversion of the waters that are used to fill the reservoir. The language described above is not correct. The reservoir is, in fact , filled by a diversion off of the North Fork of Muddy Creek which, to applicant’s knowledge, has always been referred to as the Charles Tyler Ditch. However, the Charles Tyler Ditch

30 was incorrectly described as having its point of diversion on Iron Creek and was abandoned at some time subsequent to the filling of the Crawford Reservoir. Applicant requests that the Court confirm the location set forth below as the actual point of diversion for waters filling the Tyler reservoir. The point of diversion is described as follows: Approximately 2600 feet East of the West Section line and approximately 700 feet South of the North Section line in Section 2, T 50 N, R 6 W N.M.P.M. GPS coordinates as determined by the assistant water commissioner are: 13 S 0281572 , 4279016, (See attached map marked as Exhibit “A” and incorporated by reference). Name and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Donald R. Hart and Jane M. Hart, 3500 Clear Fork Road, Crawford, CO 81415, 970-921-5299. MONTROSE COUNTY.

48. Case No. 05CW249. In the Matter of the Application for Water Rights of Mike Lawler in San Miguel County, Colorado. Attorneys for Applicant: Stephen C. Larson, #23275, Lew M. Harstead, #27325, JOHNSON & REPUCCI LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304, Phone: 303-442-1900, Fax: 303-442-0191, E- mail: [email protected], [email protected]. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTS. 1. Name and address of Applicant: Mike Lawler, 500 Benchmark Drive, Telluride, Colorado 81435. Copies of all pleadings to: Stephen C. Larson, Esq., Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304, (303) 442-1900. 2. Overview. Applicant owns Lot 1 of the Sunnyside Ranch at Telluride East, a residential property, in Township 43 North, Range 9 West of the New Mexico Principal Meridian (“Lot 1”), as generally depicted on the location map attached as Exhibit A. The present application relates to a piscatorial pond to be located on Lot 1. The pond will store only when in priority, unless and until such time as Applicant may file a new plan, to replace out of priority depletions arising under the water rights adjudicated herein. The approximate pond location is depicted on the map attached as Exhibit A. The pond will fill in priority from spring and surface runoff tributary to Eisner Creek, through a surface pipe or a near-surface diversion in accordance with C.R.S. § 37-90-103(21)(b). Once full, pass-through flows will continue to be diverted through the pond and returned back to the natural drainage, Eisner Creek, via a natural drainage from the pond. Absent the filing of an augmentation plan, the pond will be filled only when in priority. Apart from the initial fill, the only depletions caused by the ponds will be due to evaporation. During times when the pond is out-of-priority, Applicant will not divert water to the pond for storage, but seeks to continue to divert pass-through flows through the ponds for piscatorial purposes, so long as the amount flowing into the pond during such times is equal to the amount flowing out of the pond, and the pond is drawn down by the total amount of evaporation that should be suffered by the ponds in accordance with an evaporation table prepared by Applicant’s engineers and accepted by the Division Engineer. APPLICATION FOR WATER STORAGE RIGHTS. 3. Name of Reservoir: Lawler Pond. 4. Legal Descriptions of the Reservoir: Lawler Pond is located on Lot 1 of Sunnyside East, in the Southwest 1/4 of the Northwest 1/4 of Section 27, Township 43 North, Range 9 West of the New Mexico Principal Meridian, approximately 1,210 feet East of the West section line of Section 27, and 1,390 feet South of the North section line of Section 27. All measurements are from the center points of the dams. 5. Legal Description of Diversion Point and Return Point: Applicant will fill Lawler Pond with water tributary to Eisner Creek through a spring that will be diverted via a near-surface diversion or

31 pipe. The point of diversion will be located in the Northeast 1/4 of the Northwest 1/4 of Section 27, Township 43 North, Range 9 West of the New Mexico Principal Meridian, approximately 1,365 feet East of the West section line of Section 27, and 845 feet South of the North section line of Section 27. Additionally, surface runoff collects in an area near the pond site, and will be diverted to the pond site via a filler ditch. Both the spring and surface runoff diversions will enter the natural drainage to the pond in the Northeast 1/4 of the Northwest 1/4 of Section 27, Township 43 North, Range 9 West of the New Mexico Principal Meridian, approximately 1,410 feet East of the West section line of Section 27, and 1,260 feet South of the North section line of Section 27. The return from Lawler Pond will follow a natural drainage to return to Eisner Creek. The point of return to Eisner Creek is located in the Northwest 1/4 of the Southwest 1/4 of Section 27, Township 43 North, Range 9 West of the New Mexico Principal Meridian, approximately 825 feet East of the West section line of Section 27, and 3,265 feet South of the North section line of Section 27. 6. Source: Eisner Creek. 7. Dates of Appropriation: The date of appropriation for Lawler Pond is December 29, 2005. The appropriation was initiated with formation of the requisite intent, coupled with actions to put third parties on notice, such as the filing of this application. 8. Amounts Claimed: 1.80 acre-feet, conditional, with the right to fill and refill in priority. 10% of this capacity is active storage. 9. Uses: Fire protection, recreational, piscatorial, fish and wildlife habitat, and aesthetic. 10. Surface Acres and Dam Information for the Reservoir: 0.30 acres. No dams exceed ten feet in height. 11. Total Capacity of Reservoir in Acre Feet: 1.8 acre feet. 12. Pass Through Flows: Absent the filing of an augmentation plan, if water is passed through the ponds at times when the storage rights for the ponds are out of priority, Applicant will not store any such water. With respect to such diversions, the amount of outflows from the ponds will equal the amount of the inflows, and the amount of water in storage in the ponds will at such times be reduced to reflect the calculated evaporative losses suffered by the ponds. 13. Name of Owner of Land Upon Which Structures Are Located: The pond, diversion point, return point, and natural drainage identified in the preceding paragraphs are located on the Applicant’s property. 14 Comments: None. WHEREFORE, Applicant requests that this Court enter a judgment and decree which provides as follows: (i) Grants the water rights described in paragraphs 3-11 above; (ii) Finds, as a result of Applicant’s water rights, that there will be no injury to any owner of, or person entitled to use, water under a vested water right or a decreed conditional water right. SAN MIGUEL COUNTY.

49. Case No. 05CW250. ESCALANTE CREEK, A NATURAL STREAM IN THE WATERSHED OF THE LOWER GUNNISON IN MESA COUNTY, COLORADO; APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN MESA COUNTY 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. c/o Virginia Brannon, Assistant Attorney General, 1525 Sherman Street, 5th Flr, Denver, CO 80203. 2. Name of natural stream: Escalante Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence of the East Fork and Middle Fork Escalante Creek at latitude 38° 34’ 55” N and longitude 108° 24’ 21” W as the upstream terminus and extending to the headgate of Knob Hill Ditch at latitude 38° 37' 34" N and longitude 108° 23’ 48” W as the downstream terminus, being a distance of approximately 3.9 miles. This segment can be located on the Escalante Forks and Kelso Point U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NW SW S23 T50N R14W NMPM, 922' East of West Section Line 2106' North of South Section Line, UTM 42 75 896N 13 2 03 305E, Lower Terminus = NW SE S2

32 T50N R14W NMPM, 1685’ West of East Section Line 2330' North of South Section Line, UTM 42 80 749N 13 2 04 288E. 4. Use of water: To preserve the water dependent natural environment of Escalante Creek to a reasonable degree. 5. a. Date of initiation of appropriation: January 25, 2005. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2005. c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board (“Board”) appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 6. Amount of water claimed (ABSOLUTE): Instream flow of 3.2 cfs (Mar. 1 – Mar. 31), 11.5 cfs (Apr. 1 - June 14), 3.2 cfs (June 15 - July 31), and 1.3 cfs (Aug. 1 – Feb. 28). 7. Terms and Conditions: The Board currently is working with the Escalante Ranch on identifying certain undecreed uses of water on Escalante Creek that were being made on or before the date the Board appropriated the instream flow water right being applied for herein. The Board intends to include a term and condition in the decree in this case identifying those uses and acknowledging that pursuant to section 37-92-102(3)(b), C.R.S. (2005), this instream flow water right is subject to and shall be administered as junior to such uses. 8. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 24, 2005, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. MESA COUNTY.

50. Case No. 05CW251. ESCALANTE CREEK, A NATURAL STREAM IN THE WATERSHED OF THE LOWER GUNNISON IN MESA COUNTY, COLORADO; APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN MONTROSE, MESA AND DELTA COUNTIES. 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. c/o Virginia Brannon, Assistant Attorney General, 1525 Sherman Street, 5th Flr, Denver, CO 80203. 2. Name of natural stream: Escalante Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence of the North Fork Escalante Creek at latitude 38° 37’ 57” N and longitude 108° 23’ 30” W as the upstream terminus and extending to the headgate of Captain H.A. Smith at latitude 38° 40' 47" N and longitude 108° 18’ 41” W as the downstream terminus, being a distance of approximately 6.4 miles. This segment can be located on the Escalante Forks and Kelso Point U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NE NE S2 T50N R14W NMPM, 215' West of East Section Line 590' South of North Section Line, UTM 42 81 461N 13 2 04 751E, Lower Terminus = SE SW S15 T51N R13W NMPM, 1446’ East of West Section Line 326' North of South Section Line, UTM 42 86 429N 13 2 11 941E. 4. Use of water: To preserve the water dependent natural environment of Escalante Creek to a reasonable degree. 5.a. Date of initiation of appropriation: January 25, 2005. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2005. c. How appropriation was initiated: At its regular meeting on January 25, 2005, the Colorado Water Conservation Board (“Board”) appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 6. Amount of water claimed (ABSOLUTE): Instream

33 flow of 4 cfs (Mar. 1 – Mar. 31), 8.2 cfs (Apr. 1 - June 14), 4 cfs (June 15 - July 31), and 1.5 cfs (Aug. 1 – Feb. 28). 7. Terms and Conditions: The Board currently is working with the Escalante Ranch on identifying certain undecreed uses of water on Escalante Creek that were being made on or before the date the Board appropriated the instream flow water right being applied for herein. The Board intends to include a term and condition in the decree in this case identifying those uses and acknowledging that pursuant to section 37-92-102(3)(b), C.R.S. (2005), this instream flow water right is subject to and shall be administered as junior to such uses. 8. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 24, 2005, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. MONTROSE, MESA, AND DELTA COUNTIES.

51. Case No. 05CW252. Applicant: John and Jeannie Stroh, 32496 J Road, Hotchkiss, CO 81419. Application for Underground Water Right: Stroh Well Permit #60490-F – NW ¼ of the NE ¼ of Section 2, T 15 S, R 93 W, 6th PM, 975 feet from the north and 1970 feet from the east section line, source – ground water tributary to the North Fork of the Gunnison River, appropriation date 5/29/2000, amount claimed 22 gpm absolute for domestic household use and periodic livestock watering. DELTA COUNTY.

52. Case No. 05CW253. Applicants: Warren Austin, 507 Sabil, Fruita, CO 81521 and Nick and Jamie Turner, PO Box 1248, Palisade, CO 81526. Application to Make Absolute: Desert Vista Spring, Pipeline and Pond – NE ¼ of the SE ¼ of Section 12, T 2 S, R 1 E, UPM, 1416 feet from south and 690 feet from east section line, source – Gunnison River, appropriation date 10/22/98, amount claimed 2/3 of the .5 cfs produced by Desert Vista Spring for stock water, recreation, fire protection, fish culture and irrigation of 10 acres (2/3 of the total acres granted water rights). MESA COUNTY.

53. Case No. 05CW254. Applicant: Robert Peters, PO Box 1612, Paonia, CO 81428. Application for Surface Water Rights: All structures located in the SW ¼ of the NE ¼ of Section 7, T 14 S, R 91 W, 6th PM. Peters Pond 1 is located 2417 feet from north section line and 1440 feet from east section line; Peters Pond 2 is located 2180 feet from north section line and 1950 feet from east section line; Peters Ditch is located 2417 feet from north section line and 1440 feet from east section line; Peters Pond 3 is located 2823 feet from north section line and 1190 feet from east section line. Source: North Fork of the Gunnison River. Appropriation Date: 12/11/05. Amount Claimed: 1 cfs conditional for irrigation, storage, stock water, fish, water fowl, wildlife and recreation. DELTA COUNTY.

54. Case No. 05CW255. Application for Surface Water Right and Change of Water Rights. Applicants: David A. McCallister and Cheryl S. McCallister, 1415 4th Street, Penrose, CO 81240. (Send all pleadings and correspondence to: John R. Hill, Jr., Bratton & McClow LLC, 232 West Tomichi Ave., Suite 202, Gunnison, CO 81230). FIRST CLAIM (Application for Water Right). Name of Structure: McCallister Ditch. Legal description: At a point on the north bank of Tomichi Creek in Section 24, Township 48 North, Range 4½ East of the N.M.P.M. approximately 1850 feet from

34 the east line and 300 feet from the south line of said Section 24. UTM 13S 371801 E 4250327 N. Source: Tomichi Creek Facts relating to appropriation: Date of appropriation: October 14, 2005. Appropriation was initiated by formation of the intent to appropriate and site reconnaissance. Amount claimed: 1.0 cfs conditional. Use or proposed use: Irrigation of 10 acres lying under the ditch in Section 24, Township 48 North, Range 4½ East of the N.M.P.M. and in the E½SE¼NE¼ Section 25, Township 48 North, Range 4 East of the N.M.P.M. SECOND CLAIM (Application for Change of Water Right). Decreed name of structure for which change is sought: Applicants’ interest in Cole Ditches Nos. 1, 2 and 3 as included in Plan for Augmentation decreed in Case No. 82CW112 and changed and included in Plan for Augmentation decreed in Case No. 91CW06. The Cole Ditches were originally decreed in Civil Action No. 1266 in the District Court, Gunnison County on April 29, 1904 for irrigation. The appropriation date is October 28, 1889. The original decree is for 1.6 cfs to Cole Ditches Nos.1, 2 and 3 out of Tomichi Creek to be diverted at any of the following decreed points of diversion: Cole Ditch No. 1 at a point on the west bank of Tomichi Creek whence the west quarter corner of Section 30, Township 48 North, Range 5 East, N.M.P.M. bears North 87Ε West a distance of 2706 feet. Cole Ditch No. 2 at a point whence the west quarter corner of Section 30, Township 48 North, Range 5 East, N.M.P.M. bears North 70Ε30Ν West a distance of 4185 feet. Cole Ditch No. 3 at a point whence the west quarter corner of Section 30, Township 48 North, Range 5 East, N.M.P.M. bears North 83Ε West a distance of 1330 feet. A resurvey by federal authorities after the original decree was entered places the west quarter corner referenced above at approximately the SW quarter corner of Section 24, Township 48 North, Range 4½ East, N.M.P.M. The actual points of diversion of the Cole Ditches are as follows: Cole Ditch No. 1 is at a point in Section 25, Township 48 North, Range 4½ East of the N.M.P.M. approximately 530 feet from the east line and 110 feet from the north line of said Section 25. Cole Ditch No. 2 is at a point in the SE¼,NW¼,NW¼ Section 30, Township 48 North, Range 5 East of the N.M.P.M. approximately 1170 feet from the west line and 675 feet from the north line of said Section 30. Cole Ditch No. 3 is at a point in the NE¼, NW¼, NW¼ Section 30, Township 48 North, Range 5 East of the N.M.P.M. approximately 1250 feet from the west line and 560 feet from the north line of said Section 30. Applicants own 0.8 cfs of the 1.6 cfs decreed to Cole Ditches Nos. 1, 2 and 3. Of that 0.8 cfs, 0.28 cfs was committed to a plan for augmentation decreed in Case No. 82CW112. That plan augmented Castle No. 2 Well and a proposed 156 unit Recreational Vehicle (RV) Park. That RV park was never fully developed and has been discontinued and dismantled. Applicants sold 0.0667 cfs of the Cole Ditches right to Deer Haven Lot Owners Association which was subsequently committed to the plan for augmentation decreed in Case No. 00CW131. Of the 0.28 cfs committed to the plan for augmentation in Case No. 82CW112 (0.28-0.0667) or 0.2133 cfs is still owned by Applicants. Of applicant’s interest in the Cole Ditches, 0.52 cfs was involved in a change of water rights and plan for augmentation decreed in Case No. 91CW06. The decree in that case confirmed a storage right in Monarch Valley Ranch Pond and approved a plan for augmentation to replace evaporative losses from the pond surface and replace depletions resulting from operation of a resort. The domestic supply was diverted through Monarch Valley No. 1 Well. The resort is no longer in operation. Monarch Valley No. 1 Well still supplies three cabins. Applicants intend to apply for a new permit for Monarch Valley No. 1 Well as the only well on a 35 acre tract. The description of that tract will be provided in the permit application. Upon approval of that permit, augmentation of Monarch Valley No. 1 Well will no longer be required. Proposed changes: Applicants propose to change the 0.21 cfs of the Cole Ditches right remaining out of the 0.28 cfs committed to the plan for augmentation in Case No, 82CW112 and the 0.52 cfs of the Cole

35 Ditches committed to Case No. 91CW06 less the amount committed to replacement of pond evaporation back to irrigation and change the points of diversion back to the original points of diversion at Cole Ditches Nos 1, 2 and 3. Establish the McCallister Ditch as described above as an alternate point of diversion for Applicants’ interest in the Cole Ditches Nos. 1, 2 and 3. Change decreed points of diversion to actual points of diversion as stated in paragraph 10. The table below shows the monthly amounts available from Case No. 91CW06 (excess diversion rate column) and the total including Case No. 82CW112 in cfs that may be diverted when the change to the Cole Ditches Nos. 1, 2 and 3 and alternatively to the McCallister Ditch is approved.

CU -- Total CU Pond CU Dry up Excess dry- Division rate Excess Total from af/ac from from 14 acres to up acres forgone for Diversion 82CW112 decree acres replace pond CU rate and pond CU 91CW106 May 0.400 5.600 2.517 6.293 7.707 0.126 0.394 0.604 Jun 0.336 4.704 2.436 7.250 6.750 0.145 0.375 0.585 Jul 0.368 5.152 2.517 6.840 7.160 0.137 0.383 0.593 Aug 0.288 4.032 2.517 8.740 5.260 0.175 0.345 0.555 Sep 0.208 2.912 2.436 11.712 2.288 0.234 0.286 0.496

Name and address of owners of the land on which structures are located, and will be placed to beneficial use: Cole Ditches Nos 1 and 2: Doyle Templeton, P.O. Box 37, Sargents, CO 81248 and Mark Templeton, 10 Floresta, Gunnison, CO 81230. Cole Ditch No. 3: Troy Templeton, P.O. Box 123, Sargents, CO 81248 and 210 Grant St., Penrose, CO 81240. McCallister Ditch: Applicants, see paragraph 1. Water will be put to beneficial use on Applicants’ land. SAGUACHE COUNTY.

55. Case No. 05CW256. MESA COUNTY, GILL CREEK, WEST CREEK, DOLORES RIVER. John Hendricks c/o Mark E. Hamilton, Esq., CALOIA, HOUPT & HAMILTON, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601, 970-945-6067, [email protected]. Application for Water Rights. First Claim: Water Storage Right. Name: Casto Reservoir First Enlargement. Location: NW¼ SW¼ SW¼ of Sec. 22, T. 15 S., R. 101 W., 6th P.M., Mesa County, at a point 120 ft E. of the W. Section line and 648 ft N. of the S. Sec. Line, UTM X = 702060, UTM Y = 4288950. Source: South Fork of Gill Creek, trib. to West Creek, trib. to Dolores River; Approp. Date: 11/23/1940. Amount claimed: 811.4 acre-feet, absolute. Uses: irrigation, piscatorial, recreational, and wildlife conservation, either directly or by augmentation or exchange; Lands to be irrigated: see Table 1. Surface area of high water line: 109.6 acres. Total capacity: 982 acre-feet (979.0 active, 3.0 dead). Remarks: an absolute water storage right for irrigation purposes in the amount of 170.6 acre-feet was approved for this structure in C.A. 4952 on February 11, 1939. This filing is for the purpose of adjudicating existing additional storage capacity that was confirmed through recent surveying. The dam embankment was enlarged to its current size in 1945. Owner of property upon which dam and inundated area are located: United States Department of Agriculture c/o Linda Perkins, Realty Specialist, 2777 Crossroads Blvd. Unit A, Grand Junction, CO 81506. (6 pages). MESA COUNTY.

56. Case No. 05CW257. Applicant: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah corporation sole, c/o John T. Howe, Hoskin, Farina & Kampf, P.C., P.O. Box 40, Grand Junction, CO 81502; (970) 242- 4903. Type of Application: Application for Water Rights, Change of Water Right and Approval of Plan for Augmentation. First Claim for Water Storage Right:

36 Name of structure: Beaver Lake. Source: tributary to Spring Creek, tributary to Muddy Creek, tributary to the North Fork of the Gunnison River. Location: NE¼NE¼ Section 9, T 12 S, R 89 W, 6th P.M., 292 feet from North section line, 821 feet from East section line. Uses: Domestic, commercial, evaporation and augmentation. Appropriation Date: September 1, 1983. Type of structure: pond. Quantity: 3.000 acre feet, absolute. Second Claim for Water Storage Right: Name of structure: Larson Lake. Source: tributary to Spring Creek, tributary to Muddy Creek, tributary to the North Fork of the Gunnison River. Location: NW¼NE¼ Section 9, T 12 S, R 89 W, 6th P.M., 561 feet from North section line, 1980 feet from East section line. Uses: Piscatorial, recreational, evaporation and augmentation. Appropriation Date: July 1, 1966. Type of structure: pond. Quantity: 4.200 acre feet, absolute. Third Claim for Surface Water Right: Name of structure: Girls’ Camp Spring. Source: tributary to Spring Creek, tributary to Muddy Creek, tributary to the North Fork of the Gunnison River. Location: NE¼NE¼ Section 9, T 12 S, R 89 W, 6th P.M., 1200 feet from North section line, 375 feet from East section line. Uses: Domestic and commercial. Appropriation Date: December 29, 2005. Type of structure: spring. Quantity: 0.01 c.f.s., conditional. Fourth Claim for Change of Water Right: Name of water right to be changed: Deep Spring Domestic Pipeline. Source: tributary to Spring Creek, tributary to Muddy Creek, tributary to the North Fork of the Gunnison River. Location: NE¼NE¼ Section 9, T 12 S, R 89 W, 6th P.M., 40 feet from North section line, 477 feet from East section line. Uses: domestic, irrigation, industrial and piscatorial. Appropriation Date: July 1, 1966. Type of structure: spring. Quantity: .034 c.f.s. Description of change sought: Applicant seeks to change the “industrial” use decreed to the Deep Spring Domestic Pipeline to commercial use in connection with the cabins located on Applicant’s property. No owner or user of water rights will be injured by this change. The commercial use was described in the original decree, but was inaccurately referred to as an “industrial” use. Fifth Claim for Approval of Plan for Augmentation: Name of structures to be augmented: Beaver Lake, Larson Lake and Deep Spring Domestic Pipeline. Description of water rights to be used for augmentation: 3.000 acre feet of water stored in Beaver Lake and 4.200 acre feet of water stored in Larson Lake as set forth above. Water will be stored in Beaver Lake and Larson Lake prior to the irrigation season when surface run-off water is available for storage in priority. Statement of plan for augmentation: Anticipated water demands and depletions: Applicant owns and operates a church camp in Gunnison County, Colorado. The anticipated water demands and depletions for Applicant’s domestic and commercial uses from the Deep Spring Domestic Pipeline and for evaporation from Beaver Lake and Larson Lake are 2.615 acre feet of evaporation and 0.132 acre feet of domestic and commercial use, for a total of 2.747 acre feet of total depletions, as set forth in Table 1 attached to the Application. Evaporation amounts were calculated as shown on Table 2 attached to the Application. For purposes of the Deep Spring Domestic Pipeline, Applicant uses 6 cabins primarily during the summer season. It is assumed that each cabin would use total diversions of .400 acre feet per year per cabin, with the cabins actually in use for 6 months out of the year, for a total diversion per cabin of .200 acre feet per year. Applicant assumes a 90% return amount of the water through a septic leech field system, for a consumptive use of .020 acre feet per cabin per year. Approximately 4,000 gallons are used per year for outside campers during the months of June and July. Replacement deliveries: Applicant will cause water to be released from Beaver Lake and Larson Lake in amounts and times to replace the water depletions when such diversions are not in priority. Calls are typically made on the North Fork of the Gunnison River from July 1 through mid-September. Ownership: All structures identified herein are located on lands owned by Applicant. GUNNISON COUNTY.

37 57. Case No. 05CW258. Applicants: Stephen K. and Margaret P. Wood, c/o John A. Siddeek, 200 Grand Ave. #400, P.O. Box 40 Grand Junction, Colorado, 81502. Type of Application: Application for Water Storage Right. Name of Structure: Craig No. 2 Reservoir, a/k/a Big Creek Reservoir. Location: NW ¼ of the NE ¼ of Section 32, Township 15 S, Range 101 W, 6th Principal Meridian. Distance from Section Lines: 985 ft. from North section line of Section 32, 1,850 ft. from East Section line of Section 32. Source: Big Creek and unnamed tributary of Big Creek, tributary to Gill Creek, tributary to West Creek, tributary to Dolores River. Appropriation date: December 31, 1941. Amount claimed: 328.4 acre feet, absolute. Uses: 215.2 acre feet for irrigation; 113.2 acre feet for piscatorial. MESA COUNTY.

58. Case No. 05CW259. MESA COUNTY, WEST CREEK, DOLORES RIVER. John Hendricks c/o Mark E. Hamilton, Esq., CALOIA, HOUPT & HAMILTON, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601, 970-945-6067, [email protected]. Application for Water Storage Right. Name: Craig Reservoir No. 1 First Enlargement. Location: NW¼ SE¼ of Sec. 6, T. 15, S., R. 101 W., 6th P.M., Mesa County, at a point approximately 1700 feet N. of the S. Section line and 2600 feet W. of the E. Section line, UTM X = 697801, UTM Y = 4294075. Source: West Creek, trib. to Dolores River. Approp. date: 12/31/1951. Amount claimed: 109.9 acre-feet, absolute. Uses: irrigation, piscatorial, recreational. Lands to be irrigated: see Table 1. Surface area of high water line: 58.8 acres. Total capacity: 635.0 a.f. (633.0 active, 2.0 dead). Remarks: an absolute water storage right for irrigation purposes in the amount of 525 acre-feet was approved for this structure in Case No. 86CW127, Water Div. 4, on March 18, 1987. This claim is for the purpose of adjudicating existing additional storage capacity that was confirmed through recent surveying. Owner of property upon which dam and area of inundation are located: Blue Creek Land & Cattle Co., P.O. Box 190, Whitewater, CO 81527. Second Claim: Surface Water Right. Name: Unaweep Cattle Range Ditch. Location: NW¼ SW¼ Sec. 6, T. 15 S., R. 101 W., 6th P.M., Mesa County, at a point 2448 ft N. of the S. Sec. line and 1305 ft E. of the W. Sec. line, UTM X=697399; UTM Y=4294315. Source: Mayflower Gulch, trib. to West Creek, trib. to Dolores River. Approp. date: 08/01/1953. Amount claimed: 5.0 c.f.s. Uses: filling Craig Res. No. 1 for uses described above in First Claim and in 86CW127. Remarks: this feeder ditch has been in use for decades to fill Craig Reservoir No. 1. The water commissioner recommended that a water right be adjudicated for administrative purposes. Name and address of owner of land on which point of diversion is located: Howard D. and Sharon R. Rose, P.O. Box 17750, Golden, CO 80402. (7 pages). MESA COUNTY.

59. Case No. 05CW260. MESA COUNTY, BIG CREEK, GILL CREEK, WEST CREEK, DOLORES RIVER. John Hendricks c/o Mark E. Hamilton, Esq., CALOIA, HOUPT & HAMILTON, P.C., 1204 Grand Ave, Glenwood Springs, CO 81601, 970-945-6067, [email protected]. Application for Water Storage Right. Name: Craig Reservoir No. 2 First Enlargement (a/k/a Big Creek Reservoir). Location: SW¼ NW¼ NE¼ of Sec. 32, T. 15 S., R. 101 W., 6th P.M., Mesa County, at a point 1900 ft W. of the E. Section line and 1150 ft S. of the N. Sec. Line. UTM X=699863, UTM Y=4286787. Source: Big Creek, trib. to Gill Creek, trib. to West Creek, trib. to Dolores River. Approp. date: 12/31/1960. Amount claimed: 372.8 acre-feet. Uses: irrigation and wildlife conservation. Lands to be irrigated: see Table 1 attached to application. Surface area of high water line: 34.7 acres. Total capacity of reservoir in acre-feet: 624.0 acre-feet (619.0 active, 5.0 dead). Remarks: an absolute water storage right for irrigation purposes in the amount of 251.2 acre-feet was approved for this structure in Case No. 86CW127 on March 18, 1987. This claim is for the purpose of adjudicating existing additional storage capacity that was confirmed through recent

38 surveying. Owner of property upon which dam and area of inundation are located: United States Department of Agriculture c/o Linda Perkins, Realty Specialist, 2777 Crossroads Blvd., Unit A, Grand Junction, CO 81506. (6 pages). MESA COUNTY.

60. Case No. 05CW261. GUNNISON COUNTY, SLATE AND EAST RIVERS. Application for Findings of Reasonable Diligence and/or to Make Water Rights Absolute. Whetstone Vista, L.L.C. c/o Mark E. Hamilton, Esq., CALOIA, HOUPT & HAMILTON, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601, 970-845-6067, [email protected]. Names of structures: Trey’s Pond; Lacy Spring No. 4, First Enlargement; Vieh Spring and Pipeline No. 1, First Enlargement; Vieh Spring and Pipeline No. 6, First Enlargement; First Exchange; Second Exchange, all decreed on 12/10/1999 in Case No. 96CW298, Water Div. 4, with an appropriation date of 02/28/1999. These rights are further described as follows: TREY’S POND: Location: 900 feet E. of the W. Sec. Line and 350 feet S. of the N. Sec. Line of Sec. 18, T. 14 S., R. 85 W. of the 6th P.M; Source: Unnamed tributaries of the East and/or Slate Rivers; Amount: 6.5 acre-feet; Uses: domestic, irrigation, fish and wildlife, and recreational, as well storage and release for such uses by augmentation. LACY SPRING NO. 4, FIRST ENLARGEMENT: Location: at a point whence the W¼ Corner of Sec. 7, T. 14 S., R. 85 W. of the 6th P.M. bears S. 42°55’ W. 3,218 ft; Source: Slate River; Amount: 20 g.p.m.; Uses: domestic, irrigation, and stockwatering, by direct use or by replacement or exchange, and to fill and refill Trey’s Pond for augmentation and replacement uses. VIEH SPRING AND PIPELINE NO. 1, FIRST ENLARGEMENT: Location: at a point whence the W¼ Corner of Sec. 7, T. 14 S., R. 85 W. of the 6th P.M. bears S. 33°26’22” W. 3,012.57 ft; Source: Slate River and/or East River; Amount: 20 g.p.m.; Uses: domestic, irrigation, and stockwatering, by direct use or by replacement or exchange, and to fill and refill Trey’s Pond for augmentation and replacement uses. VIEH SPRING AND PIPELINE NO. 6, FIRST ENLARGEMENT: Location: at a point whence the W¼ Corner of Sec. 7, T. 14 S., R. 85 W. of the 6th P.M. bears S. 61°10’30” W. 4,269.30 ft; Source: Slate and/or East River; Amount: 20 g.p.m.; Uses: domestic, irrigation, and stockwatering, by direct use or by replacement or exchange, and to fill and refill Trey’s Pond for augmentation and replacement uses. FIRST EXCHANGE: Downstream Terminus: East River Regional Sanitation District treatment plant, with return flows to the East River in Sec. 8, T. 14 S., R. 85 W. of the 6th P.M.; Upstream Terminus: Lacy Spring No. 4, First Enlargement, Vieh Spring and Pipeline No. 1, First Enlargement, and/or Vieh Spring and Pipeline No. 6, First Enlargement, all as described above; Rate of exchange: 20 g.p.m. SECOND EXCHANGE: Downstream Terminus: Blue Mesa Reservoir; Upstream Terminus: Lacy Spring No. 4, First Enlargement, Vieh Spring and Pipeline No. 1, First Enlargement, and/or Vieh Spring and Pipeline No. 6, First Enlargement, all as described above. Remarks: These water rights are all associated with the water supply for the Whetstone Vista and Brush Creek Estates subdivisions south of Crested Butte. During the previous diligence period, up to 20 g.p.m has been diverted and used within these subdivisions from Lacy Spring No. 4, First Enlargement and Vieh Spring and Pipeline No. 1, First Enlargement for irrigation and domestic purposes. Trey’s Pond has also been constructed to its full decreed capacity and up to 3.0 acre-feet of storage has been released each year for augmentation purposes. Finally, both exchanges have been exercised at their full decreed rates. Applicant therefore requests that these five water rights be adjudicated as absolute in these amounts and for these purposes and that all other conditional amounts and uses approved in 96CW298 be continued conditional. (6 pages) GUNNISON COUNTY.

39 61. Case No. 05CW262. Applicant: William M. Alexander and Carolina A. Alexander, c/o Bradley N. Switzer, P.O. Box 816, Montrose, CO 81401, (970) 249-8749. APPLICATION FOR SURFACE WATER RIGHTS. Name of structures: (1) WC Spring No. 1. Location: WC Spring No. 1 is located in the NW-1/4 SE-1/4, Section 36, Township 48 North, Range 9 West, N.M.P.M. at a point which is 2,468 feet west and 2,000 feet north from the southeast corner of said Section 36. Source: Surface water tributary to the Uncompahgre River. Appropriation date: April, 1971 for absolute uses, October 27, 2005 for conditional uses. Amount claimed: 0.28 c.f.s. Uses: Absolute – irrigation, livestock and wildlife purposes; conditional – piscatorial and recreation purposes. (2) WC Spring No. 2. Location: WC Spring No. 2 is located in the NW-1/4 SE-1/4, Section 36, Township 48 North, Range 9 West, N.M.P.M. at a point which is 1,675 feet west and 2,223 feet north from the southeast corner of said NW-1/4 SE-1/4 of Section 36. Source: Surface water tributary to the Uncompahgre River. Appropriation date: April, 1971 for absolute uses, October 27, 2005 for conditional uses. Amount claimed: 0.78 c.f.s. Uses: Absolute – irrigation, livestock and wildlife purposes; conditional – piscatorial and recreation purposes. (3) WC Spring No. 3. Location: WC Spring No. 3 is located in the SW-1/4 NE-1/4, Section 36, Township 48 North, Range 9 West, N.M.P.M. at a point which is 2,015 feet west and 2,660 feet north from the southeast corner of said Section 36. Source: Surface water tributary to the Uncompahgre River. Appropriation date: April, 1971 for absolute uses, October 27, 2005 for conditional uses. Amount claimed: 0.08 c.f.s. Uses: Absolute – irrigation, livestock and wildlife purposes; conditional – piscatorial and recreation purposes. (4) WC Ditch. Location: During the non-irrigation season, Applicants intend to divert water into the WC Ditch from a point in the NW-1/4 SE- 1/4, Section 36, Township 48 North, Range 9 West, N.M.P.M. which is 2,524 feet west and 1,997 feet north from the southeast corner of said Section 36. – During the irrigation season, Applicants intend to divert water into the WC Ditch from a point which is located in the SE-1/4, Section 36, Township 48 North, Range 9 West, N.M.P.M. at a point which is 1,574 feet west and 1,468 feet north from the southeast corner of said Section 36. Source: Releases from Alexander Pond K as decreed in Case No. 98 CW 193, Water Division No. 4, which Alexander Pond K is located 950 feet from the south section line and 950 feet from the east section line of said Section 36, Township 48 North, Range 9 West, N.M.P.M. Appropriation date: October 27, 2005. Amount claimed: 2.5 c.f.s., conditional. Uses: Irrigation, livestock watering, piscatorial, wildlife and recreational uses. Name and address of owners of land on which structures are located: All structures are located on property owned by the Applicants, except: (a) The release mechanism for Alexander Pond K may be located on property owned by Tim Kenney, Vernal Road, Montrose, CO 81401; and (b) The alternate point of diversion for the WC Ditch may be located on property owned by John Kuijvenhoven, 6123 County Road 5, Ridgway, CO 81432. MONTROSE COUNTY.

62. Case No. 05CW263. Applicant: Silvano L Colman as Beneficiary of the Anderton Family Land Trust, PO Box 1473, Grand Junction, CO 81502. Application to Make Absolute: The Goodfellow Pump Diversion – SE ¼ of the SW ¼ of Section 13, T 2 E, R 1 E, Ute PM, 450 feet from north and 1750 feet from east section line, source – Gunnison River, appropriation date 6/1/1998, amount claimed .25 cfs for irrigation. MESA COUNTY.

63. Case No. 05CW264. Application for Water Storage Rights and for Approval of Plan for Augmentation. Applicant: Ranch Properties, LLC (Send all pleadings and correspondence to: John R. Hill, Jr., Bratton & McClow LLC, 232 West Tomichi Ave., Suite 202, Gunnison, CO 81230). FIRST CLAIM (Application for Water Storage

40 Right Name of Reservoir: Ranch Pond No. 1 (Well permit application pending). Legal description: Two connected below grade ponds located in the NW¼SE¼ and SW¼SE¼ Section 20, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 1,180 feet from the south line and 2,200 feet from the east line of said Section 20. The off-channel reservoir is fed by the Milton White Ditch having a decreed capacity of 4.0 cfs. The decreed point of diversion is at a point on the east bank of Ohio Creek, a tributary of the Gunnison River at a point whence the Southeast Corner of Section 20, Township 15 South, Range 86 West of the 6th P.M. bears South 57Ε51Ν East a distance of 4, 410 feet. The Milton White Ditch now diverts out of Carbon Creek near the confluence with Ohio Creek. Facts relating to appropriation: An existing (reservoir) pond was enlarged and deepened. The work was accomplished during the period November 8-November 30, 2004. The pond filled in the spring of 2005 and contains fish and is used for fish culture, recreation and regulation of irrigation diversions from the Milton White Ditch. Date of appropriation: November 8, 2004. Appropriation was initiated by intent and actual construction of pond. Amount claimed: 15 acre-feet absolute. Ponds will be filled at the rate of 4.0 cfs and maintained full. Use or proposed use: Fish culture, recreation and regulation of irrigation diversions. Surface area of high water line: 2.17 acres. Maximum height of dam in feet: Not applicable, pond is below grade. Total capacity of reservoir in acre feet: approximately15 acre feet. Active capacity is 0 acre-feet and dead storage is approximately 15 acre feet. SECOND CLAIM (Application for Water Storage Right) Name of Reservoir: Entry Pond (Well permit application pending). Legal description: Entry Pond is located in the NE¼SW¼ and NW¼SE¼ Section 28, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 3,120 feet from the north line and 2,600 feet from the west line of said Section 28. The pond has a surface area of 1.54 acres. Off-channel pond fed by the East Wilson Ditch having a decreed capacity of 6.0 cfs. The decreed point of diversion is on the east bank of Wilson (Willow) Creek at a point from whence the East quarter corner of Section 28, Township 15 South, Range 86 West of the 6th P.M. bears North 83Ε55Ν East a distance of 2684 feet. Source: The decree states Wilson Creek, however the creek is now known as Willow Creek. Facts relating to appropriation: The pond was constructed during the period December 1, 2004- January 11, 2005. The pond filled in the spring of 2005 and contains fish and is used for fish culture and recreation. Date of appropriation: December 1, 2004. Appropriation was initiated by intent and construction. Amount claimed: 12.0 acre- feet absolute. Ponds will be filled at the rate of 6 cfs and maintained full. Use or proposed use: Fish culture and recreation. Surface area of high water line: 1.54 acres. Maximum height of dam in feet: Not applicable, pond is below grade. Total capacity of reservoir in acre feet: Approximately 12 acre-feet. Active capacity is 0 acre-feet and dead storage is approximately 12 acre feet. THIRD CLAIM (Application for Approval of Plan for Augmentation). Names of structure to be augmented: Ranch Pond No. 1 and Entry Pond as described above and the following additional structures all of which are excavated in old channel meanders: Pond OX-1 is located in the NW¼NE¼ Section 19, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 500 feet from the north line and 1,790 feet from the east line of said Section 19. The pond has a surface area of 0.09 acres. Pond OX-2 is located in the NW¼NE¼ Section 19, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 550 feet from the north line and 1,700 feet from the east line of said Section 19. The pond has a surface area of 0.11 acres. Pond OX-3 is located in the NE¼NE¼ Section 19, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 1,030 feet from the north line and 950 feet from the east line of said Section 19. The pond has a surface area of 0.14 acres. Pond OX-4 is located in the NE¼NE¼ Section 19, Township 15 South,

41 Range 86 West of the 6th P.M. at a point approximately 1,090 feet from the north line and 910 feet from the east line of said Section 19. The pond has a surface area of 0.08 acres. Pond OX-5 is located in the SW¼NW¼ Section 20, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 2,090 feet from the north line and 410 feet from the west line of said Section 20. The pond has a surface area of 0.14 acres. Pond OX-6 is located in the SW¼NW¼ Section 20, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 2,140 feet from the north line and 540 feet from the west line of said Section 20. The pond has a surface area of 0.13 acres. Pond OX-7 is located in the SW¼NW¼ Section 20, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 2,230 feet from the north line and 550 feet from the west line of said Section 20. The pond has a surface area of 0.07 acres. Upper Ponds (3) are located in the NW¼SW¼ Section 20, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 2,300 feet from the south line and 1,000 feet from the west line of said Section 20. The ponds have a surface area of 0.26 acres. Homesite Ponds (3) are located in the NE¼SW¼ Section 20, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 1,890 feet from the south line and 1,410 feet from the west line of said Section 20. The ponds have a surface area of 0.19 acres. Pond OX-8 is located in the SE¼SW¼ Section 20, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 1,110 feet from the south line and 1680 feet from the west line of said Section 20. The pond has a surface area of 0.28 acres. Pond OX-9 is located in the SE¼SW¼ Section 20, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 990 feet from the south line and 1,810 feet from the west line of said Section 20. The pond has a surface area of 0.36 acres. Pond OX-10 is located in the NW¼NE¼ Section 29, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 260 feet from the north line and 2,180 feet from the east line of said Section 29. The pond has a surface area of 0.14 acres. Pond OX-11 is located in the NW¼NE¼ Section 29, Township 15 South, Range 86 West of the 6th P.M. at a point approximately 390 feet from the north line and 2,090 feet from the east line of said Section 29. The pond has a surface area of 0.07 acres. Previous decrees for water rights to be used for augmentation: Acme Ditch. The decreed headgate of said ditch is located on the South bank of Castle Creek, at a point from which the N. W. corner of Section 12, Township 15 South, Range 87 West. N.M.P.M. bears North 12º 10’ East, 418 feet. The reference to the N.M.P.M. is incorrect. The correct meridian is the 6th P.M. The following table shows Applicant’s ownership of the various priorities decreed to the Acme Ditch:

Priority Adjudicatio Appropriation Amount Castleton No. n Date (cfs) Ownership Date (cfs) 115 09-14-1906 06-22-1897 11.0 5.5 149 09-14-1906 10-02-1901 13.0 6.5 365 04-29-1941 06-22-1897 24.0 12.0 365 04-29-1941 06-22-1897 22.0 11.0

The water right decreed to Blue Mesa Reservoir out of the Gunnison River in Case No. 80CW156 for 940,755 acre-feet with priority date of November 13, 1957, for domestic and municipal, irrigation and stock watering, industrial, hydropower, piscatorial, wildlife, recreation and other purposes. The initial point of survey of Blue Mesa Dam is located at a point on the right abutment being the intersection of the center line of the axis of the dam and of the center line of the outlet works tunnel,

42 whence the SW corner of Section 31, Township 49 North, Range 4 West, N.M.P.M. bears North 78º36Ν44ΟWest a distance of 3,207.07 feet. Applicant will enter into a water service contract with the United States of America or the Upper Gunnison River Water Conservancy District for 10.0 acre feet of water stored in Blue Mesa Reservoir. Historic use of water rights to be used for augmentation: The water rights decreed to the Acme Ditch have been historically used for irrigation. The water right decreed to Blue Mesa Reservoir has been used historically for all of its decreed purposes. Statement of plan for augmentation, covering all applicable matters under CRS 37- 92-103(9), 302(1) (2) and 305(8). Applicant proposes to offset the evaporation losses attributable to the structures described in paragraph 23 by a combination of dry-up of land historically irrigated by the Acme Ditch and releases from Blue Mesa Reservoir. Irrigation return flows that would have accrued during the non-irrigation months that will no longer accrue because of dry-up of lands under the Acme Ditch will be replaced by releases from Blue Mesa. Applicant will dry up approximately ten acres of land historically irrigated by Applicant’s interest in the Acme Ditch. The total surface area of the ponds listed in paragraph 23 is 5.77 acres and the total annual evaporation is 13.12 acre-feet. The following table reflects the monthly distribution of stream impacts to the nearest one-hundredth acre-foot. Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 0.00 0.00 0.00 1.08 1.81 2.39 2.48 2.07 1.75 1.24 0.26 0.03 13.12 Blue Mesa releases will be made to replace non-irrigation season evaporation and historic irrigation return flows according to the following schedule to the nearest hundredth acre-foot: May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Total 1.36 0.35 0.00 0.00 0.08 1.85 1.88 1.74 1.10 0.77 0.57 0.42 10.10 Name and address of owner of the land on which structures are located, and will be placed to beneficial use: Applicant, same as paragraph 1. GUNNISON COUNTY.

64. Case No. 05CW265. Applicant: Lois Maloney, P.O. Box 577, Hotchkiss, CO 81419. Attorneys for Applicant: James D. Brown of Brown, Schottelkotte & Tweedell, P.O. Box 43, Delta, CO 81416 (970) 874-4451. Application for Underground Water Right: Structure: Maloney Irrigation Well. Legal Description: A point in the NW ¼ NE ¼ of Section 31, Township 14 South, Range 92 West, 6th P.M., 900 feet south of the north line and 2120 feet west of the east line of said section 31. Source: waters tributary to the North Fork of the Gunnison River, tributary to the Gunnison River in Water District No. 40. Date of Appropriation: April 24, 2002. How Appropriation Was Initiated: Installation of the well. Date Water Applied to Beneficial Use: Water has not been diverted to beneficial use. Amount Claimed: 20 gallons per minute. Total maximum annual diversions from the well will be 1.97 acre feet. User's Proposed Use: Irrigation of 0.75 acres of land surrounding Applicant’s residence located in the NW ¼ NE ¼ of Section 31, Township 14 South, Range 92 West, 6th P.M. Application for Change of Water Right (Alternate point of Diversion), Decreed Name of Structure for which Change is Sought: Vandeford Ditch. Information from Previous Decree: Date Entered: April 12, 1901, Case No. CA 228, District Court, Decreed point of diversion: A point located on the west Bank of the North Fork of the Gunnison River, at a point 580 feet north of the northeast corner of the NW SW of Section 29, Township 14 South, Range 92 West, 6th P.M. Source: North Fork of the Gunnison River, tributary to the Gunnison River. Appropriation Dates and Amounts: January 1, 1883, for 2.7 c.f.s., February 5, 1886, for 10 c.f.s., July 1, 1888, for 1.8 c.f.s. Historic use: Applicant is the owner of 22 inches (0.57 c.f.s.) of the Vandeford Ditch which has historically irrigated 20 acres of land including 0.75 acres of lawn and garden surrounding her residence located in the NW NE of Section 31, Township 14 South,

43 Range 92 West, 6th P.M. Proposed change: Applicant seeks an alternate point of diversion for up to 20 g.p.m. from her portion of the Vandeford Ditch to the location of Maloney Irrigation Well, to wit: A point in the NW 1/4 NE 1/4 of Section 31, Township 14 South, Range 92 West, 6th P.M., 900 feet south of the north line and 2120 feet west of the east line of said section 31. Application for Approval of Plan for Augmentation: Name of Structure to be Augmented: Maloney Irrigation Well. Previous Decree for Water Right to be Used for Augmentation: Applicant proposes to lease 1.0 acre foot of water annually from the U.S. Bureau of Reclamation (BOR) from the Wayne N. Aspinall Unit of the Colorado Storage Project, Blue Mesa Reservoir, which is decreed 939,204 acre feet in Case Nos. 5590 and 6981, Gunnison County District Court, with a November 11, 1957 appropriation date; and an additional 124,253 acre-feet, with the same appropriation date, transferred to Blue Mesa Reservoir in Case No. 10045, Gunnison County District Court, making the total amount decreed to Blue Mesa Reservoir 1,063,457 acre feet. Statement of Plan for Augmentation: Maloney Irrigation Well will be used for the irrigation of 0.75 acres of lawn and garden surrounding Applicant’s residence. Total water demand is estimated to be 1.97 acre feet and total depletions are estimated to be 1.67 acre-feet for such irrigation. Applicant will divert at the well as an alternate point of diversion from the Vandeford Ditch through the irrigation season. Delayed impacts from the well pumping are 0.12 acre feet for October, 0.05 acre feet for November and between 0.02 and 0.04 acre feet for each month from December through April. Water for replacement of out-of-priority depletions arising from delayed impacts from pumping from Maloney Irrigation Well will be supplied from 1.0 acre foot of water stored in the Wayne N. Aspinall Unit of the Colorado Storage Project, Blue Mesa Reservoir under a 40-year lease as more particularly described above. Name and address of owner of land. Location of Vandeford Ditch point of diversion: Marlin A. McCracken and Alice F. McCracken, P.O. Box 893, Hotchkiss, CO 81419. Location of Maloney Irrigation Well: Applicant, Lois Maloney, P.O. Box 577, Hotchkiss, CO 81419. DELTA COUNTY.

65. Case No. 05CW266. Applicant: Mika Ag Corp., d/b/a Escalante Land & Cattle Corp., 7535 Hilltop Cir., #100, Denver, CO 80221. Attorneys for Applicant: James D. Brown of Brown, Schottelkotte & Tweedell, P.O. Box 43, Delta, CO 81416 (970) 874-4451. APPLICATION FOR SURFACE WATER RIGHTS: Source: All structures to be decreed from waters tributary to Escalante Creek, tributary to the Gunnison River, unless otherwise noted. Appropriation information for all new water rights, except as otherwise noted below: Date of appropriation: June 1, 1990; How appropriation was initiated: by diversion of water for beneficial use; Date water applied to beneficial use: June 1, 1990. Surface Structures to be decreed: ER Sawtell Spring No. 1; Legal description of point of diversion (hereinafter POD): NE NW SE SW of Section 5, T 50N, R 14 W, N.M.M. 1809.52 feet east of the West line and 1286.99 feet north of the South line of said Section 5. Amount: 0.5 c.f.s., irrigation and stock water, ABSOLUTE and 0.0333 c.f.s. domestic, ABSOLUTE; Use: irrigation, stock water, and domestic; acres irrigated: 20.0; W Sec. 5, T 50N, R 14 W, N.M.M.; Non-irrigation use: livestock and domestic for one cabin. ER Sawtell Spring No. 2; POD: NE 1/4 NW 1/4 NW 1/4 SE 1/4 of Section 5, T 50N, R 14 W, N.M.M. 2278.87 feet west of the East line and 2450.77 feet north of the South line of said Section 5; Amount: 0.5 c.f.s., ABSOLUTE; Use: irrigation and stock water; acres irrigated: 20.0; N NW SE, Sec. 5, T 50N, R 14 W, N.M.M.; Non-irrigation use: livestock. ER Bloomberg Spring No. 1; POD: SE 1/4 SE 1/4 NW 1/4 NE 1/4 of Section 5, T 50N, R 14 W, N.M.M. 1343.41 feet west of the East line and 1309.11 feet south of the North line of said Section 5; Amount: 0.5 c.f.s., ABSOLUTE; Use: irrigation and stock water; acres irrigated: 80.0 (supplemental); E NE Section 5 and

44 W NW , Sec.4, T 50N, R 14 W, N.M.M; Non-irrigation use: livestock. ER Bloomberg Spring No. 2; POD: SW 1/4 SW 1/4 NE 1/4 NE 1/4 of Section 5, T 50N, R 14 W, N.M.M. 1170.03 feet west of the East line and 1114.73 feet south of the North line of said Section 5; Amount: 1.0 c.f.s., ABSOLUTE; Use: irrigation and stock water; acres irrigated: 80.0 (supplemental); E NE Section 5 and W NW , Sec.4, T 50N, R 14 W, N.M.M.; Non-irrigation use: livestock. ER Bloomberg Spring No. 3; POD: NW 1/4 SE 1/4 NE 1/4 NE 1/4 of Section 5, T 50N, R 14 W, N.M.M. 638.41 feet west of the East line and 838.08 feet south of the North line of said Section 5; Amount: 0.25 c.f.s., ABSOLUTE.; Use: irrigation and stock water; acres irrigated: 80.0 (supplemental) ; SW 1/4 NW 1/4 NW 1/4 & SW 1/4 NW 1/4 , Sec. 4, and SE 1/4 NE 1/4 NE 1/4 & SE 1/4 NE 1/4 , Sec. 5, T 50N, R 14 W, N.M.M.; Non-irrigation use: livestock. ER Bloomberg Spring No. 4; POD: NW 1/4 SW 1/4 NW 1/4 NW 1/4 of Section 4, T 50N, R 14 W, N.M.M. 24.13 feet east of the West line and 811.57 feet south of the North line of said Section 4; Amount: 0.75 c.f.s., ABSOLUTE; Use: irrigation and stock water; acres irrigated: 80.0 (supplemental); SW 1/4 NW 1/4 NW 1/4 & SW 1/4 NW 1/4, Sec. 4, and SE 1/4 NE 1/4 NE 1/4 & SE 1/4 NE 1/4, Sec. 5, T 50N, R 14 W, N.M.M.; Non-irrigation use: livestock. ER Bloomberg Spring No. 5; POD: NW 1/4 NW 1/4 NW 1/4 NW 1/4 of Section 4, T 50N, R 14 W, N.M.M. 187.91 feet east of the West line and 143.49 feet south of the North line of said Section 4; Amount: 1.0 c.f.s., ABSOLUTE; Use: irrigation and stock water; acres irrigated: 80.0 (supplemental) ; SW 1/4 NW 1/4 NW 1/4 & SW 1/4 NW 1/4 , Sec. 4, and SE 1/4 NE 1/4 NE 1/4 & SE 1/4 NE 1/4 , Sec. 5, T 50N, R 14 W, N.M.M. Non-irrigation use: livestock. ER Branch Creek Spring No. 1; POD: NE 1/4 NW 1/4 SW 1/4 NE 1/4 of Section 5, T 50N, R 14 W, N.M.M. 2132.1 feet west of the East line and 1559.68 feet south of the North line of said Section 5; Amount: 1.5 c.f.s., ABSOLUTE; Use: irrigation and stock water; acres irrigated: 60 (supplemental); S NW of Sec. 5, T 50N, R 14 W, N.M.M. Non-irrigation use: livestock. ER North Fork Spring No. 1; POD: NE 1/4 SW 1/4 NE 1/4 NE 1/4 of Section 7, T 50N, R 14 W, N.M.M. 756.76 feet west of the East line and 1015.29 feet south of the North line of said Section 7; Amount: 0.5 c.f.s., ABSOLUTE; Use: irrigation and stock water; acres irrigated: 20.0 (supplemental to Sawtell Ditch); E NE of Sec. 7, T 50N, R 14 W, N.M.M. Non- irrigation use: livestock. ER North Fork Spring No. 2; POD: NW 1/4 NE 1/4 NW 1/4 NW 1/4 of Section 8, T 50N, R 14 W, N.M.M. 826.95 feet east of the West line and 128.19 feet south of the North line of said Section 8; Amount: .25 c.f.s., ABSOLUTE; Use: irrigation and stock water; acres irrigated: 20.0 (supplemental to Sawtell Ditch); NW 1/4 NW 1/4 of Sec.8, T 50N, R 14W, N.M.M.; Non-irrigation use: livestock. ER North Fork Spring No. 3; POD: NW 1/4 NE 1/4 NW 1/4 NW 1/4 of Section 8, T 50N, R 14 W, N.M.M. 989.1 feet east of the West line and 30.83 feet south of the North line of said Section 8; Amount claimed: 0.50.f.s., ABSOLUTE; Use: irrigation and stock water; acres irrigated: 20.0 (supplemental to Sawtell and McCarthy Ditch); NW 1/4 NW 1/4 of Sec.8, T 50N, R 14W, N.M.M.; Non-irrigation use: livestock. ER XVX Spring No. 1; POD: SE NW SE SW of Section 33, T 51N, R 14 W, N.M.M. 1902.48 feet east of the West line and 792.59 feet north of the South line of said Section 33. Amount: 2.0 c.f.s., ABSOLUTE; Use: irrigation and stock water; acres irrigated: 80.0; E SW 1/4 & SE 1/4 of Sec.33, T 51N, R 14W, N.M.M.; Non- irrigation use: livestock. ER XVX House Spring; POD: SW NW SE SW of Section 33, T 51N, R 14 W, N.M.M. 1562.28 feet east of the West line and 977.27 feet north of the South line of said Section 33; Amount: 0.5 c.f.s., irrigation ABSOLUTE; 0.0333 c.f.s. domestic, ABSOLUTE; Use or proposed use: irrigation, stock water, and domestic; acres irrigated: 20.0 ; N SE SW of Sec.33, T 51N, R 14W, N.M.M.; Non- irrigation use: livestock and domestic use to serve one cabin. ER Lowe Seep Spring; POD: NW 1/4 SE 1/4 NE 1/4 NW 1/4 of Section 15, T 51N, R 13 W, N.M.M. 2249.91 feet east of the West line and 878.79 feet south of the North line of said

45 Section 15; Amount: 0.5 c.f.s., irrigation ABSOLUTE; Use: irrigation, stock water, and domestic; acres irrigated: 20.0; NE 1/4 NW 1/4 of Sec.15, T 51N, R 13W, N.M.M.; Non-irrigation use: livestock. ER Lowe House Spring; POD: SE 1/4 NE 1/4 SE 1/4 SW 1/4 of Section 10, T 51N, R 13 W, N.M.M. 2452.57 feet east of the West line and 774.43 feet north of the South line of said Section 10; Amount: 0.5 c.f.s., irrigation ABSOLUTE; 0.0333 c.f.s. domestic, ABSOLUTE; Use: irrigation, stock water, and domestic; acres irrigated: 20.0; W W SE 1/4 of Sec.10, T 51N, R 13W, N.M.M.; Non-irrigation use: livestock and domestic use to serve one cabin. ER John W Musser Ditch; POD: NW 1/4 SW 1/4 SE 1/4 of Section 34, T 51N, R 14 W, N.M.M. Northing 4282005, Easting 202454; Amount: 0.0333 c.f.s. domestic, ABSOLUTE; Source: North Fork of Escalante Creek. CHANGE OF WATER STORAGE RIGHT (PLACE OF USE): Decreed Name of Structure for which Change is Sought: Beaver Dam Reservoir and Beaver Dam Reservoir, First Enlargement. Information from Previous Decree: Dates entered May 28, 1937, Case No. 2563, District Court and January 31, 1964, Case No. 4808, District Court; Decreed point of diversion: Dam to said reservoir is situated on the east end of the SW NW SE of Section 8, T 49 N, R 15 W, N.M.M. at GPS coordinates: 12 S, Northing 4266870, Easting 712429. Source: Escalante Creek, tributary to Gunnison River; Appropriation Dates: September 1, 1925 and September 20, 1956; Amount: 405 acre feet. Historic use: Water has been stored for irrigation use on 320 acres of land previously known as the Huffington Ranch. Proposed change: Applicant now owns the Huffington Ranch and adjoining ranch lands comprising a total of approximately 6,000 acres, now known as Escalante Ranch. Applicant desires to use water stored in Beaver Dam Reservoir to irrigate all of Applicant’s irrigable lands included within Escalante Ranch, being approximately 1,500 acres of land located in Mesa County and Delta County in: Section 1, T 49 N, R 16 W, N.M.M.; Sections 1, 2, 4, 5, 7, and 8, T 50 N, R 14 W, N.M.M.; Section 31, T 50 N, R 15 W, N.M.M.; Sections 1, 12, 14, 15, 22, 23, 25, 26, 35, and 36, T 50 N, R 16 W, N.M.M.; Sections 33, 34, 35, and 36, T 51 N, R 14 W, N.M.M.; Sections 6, 7, 8, and 17, T 14 S, R 98 W, 6th P.M.; Sections 30, 31, 32, and 33, T 4 S, R 3 E, Ute Meridian; Sections 10 and 15, T 51 N, R 13 W, N.M.M.; Sections 22 and 27, T 14 S, R 98 W, 6th P.M.; Sections 8, 17, 19, 20, 30, and 29, T 15 S, R 97 W, 6th P.M.; Section 36, T 15 S, R 98 W, 6th P.M. (Complete legal description of lands served on Exhibit A attached to Application files with Court.) Water from Beaver Dam Reservoir can be released through Applicant’s existing irrigation ditches to serve said lands. APPLICATION FOR STORAGE WATER RIGHTS: Source: All structures to be decreed from waters tributary to Escalante Creek, tributary to the Gunnison River, unless otherwise noted. Reservoirs to be decreed: ER Branch Creek Reservoir No. 1; Legal description of location of dam: initial point in SE 1/4 SE 1/4 NW 1/4 NW 1/4 of Section 5, T 50N, R 14 W, N.M.M. 1060.6 feet east of the West line and 1226.11 feet south of the North line of said Section 5; Amount: 110.20 acre feet, CONDITIONAL; Date of appropriation: June 1, 2002. How appropriation was initiated: by formation of intent to store water for beneficial use and location of dam site. Date water applied to beneficial use: n/a; Use or proposed use: storage for irrigation, livestock, fish propagation, wildlife, and fire protection; acres proposed to be irrigated 1,200; Legal description: all portions of Applicant’s lands below said Reservoir; Surface Area of high water line: 1.38 acres; Maximum height of dam: 80 feet; Length of dam: 150 feet; Total capacity of reservoir: 110.20 acre feet; Active capacity: 110.20 acre feet; Dead storage: 0.00 acre feet. ER Branch Creek Reservoir No. 2; Legal description of location of dam: initial point in SE NE SE NW of Section 5, T 50N, R 14 W, N.M.M. 2518.79 feet east of the West line and 1940.18 feet south of the North line of said Section 5; Amount:103.3 acre feet, CONDITIONAL; Date of appropriation: June 1, 2002; How appropriation was initiated: by formation of intent to store water for

46 beneficial use and location of dam site; Date water applied to beneficial use: n/a; Use or proposed use: storage for irrigation, livestock, fish propagation, wildlife, and fire protection: acres proposed to be irrigated 1,200 ; Legal description: all portions of Applicant’s lands below said Reservoir. Surface Area of high water line: 2.07 acres; maximum height of dam: 50 feet; length of dam: 300 feet; Total capacity of reservoir: 103.30 acre feet; Active capacity: 103.30 acre feet; Dead storage: 0.00 acre feet. ER XVX West Reservoir: Legal description of location of dam: initial point in NE SE NW SW of Section 33, T 51N, R 14 W, N.M.M. 1220.58 feet east of the West line and 1982.31 feet north of the South line of said Section 33; Amount: 68.80 acre feet, CONDITIONAL; Date of appropriation: June 1, 2002; How appropriation was initiated: by formation of intent to store water for beneficial use and location of dam site; Date water applied to beneficial use: n/a; Use or proposed use: storage for irrigation, livestock, fish propagation, wildlife, and fire protection; acres proposed to be irrigated 1,000 ; Legal description: all portions of Applicant’s lands below said Reservoir; Surface Area of high water line: 1.38 acres; Maximum height of dam: 50 feet; Length of dam: 300 feet; Total capacity of reservoir: 68.80 acre feet; Active capacity: 68.80 acre feet; Dead storage: 0.00 acre feet. ER XVX South Reservoir: Legal description of location of dam: initial point in SW NW SE SW of Section 33, T 51N, R 14 W, N.M.M. 1671 feet east of the West line and 921.58 feet north of the South line of said Section 3; Amount: 110.20 acre feet, CONDITIONAL; Date of appropriation: June 1, 2002; How appropriation was initiated: by formation of intent to store water for beneficial use and location of dam site; Date water applied to beneficial use: n/a; Use or proposed use: storage for irrigation, livestock, fish propagation, wildlife, and fire protection; acres proposed to be irrigated 1,000; Legal description: all portions of Applicant’s lands below said Reservoir; Surface Area of high water line: 1.84 acres; Maximum height of dam: 60 feet; Length of dam: 200 feet; Total capacity of reservoir: 110.20 acre feet; Active capacity: 110.20 acre feet; Dead storage: 0.00 acre feet. ER Forks Reservoir: Legal description of location of dam: initial point in SW NE NW NE of Section 2, T 50N, R 14 W, N.M.M. 1763.35 feet west of the East line and 589.35 feet south of the North line of said Section ; Amount: 183.65 acre feet, CONDITIONAL; Date of appropriation: June 1, 2002; How appropriation was initiated: by formation of intent to store water for beneficial use and location of dam site; Date water applied to beneficial use: n/a; Use or proposed use: storage for irrigation, livestock, fish propagation, wildlife, and fire protection; acres proposed to be irrigated 700; Legal description: all portions of Applicant’s lands below said Reservoir; Surface Area of high water line: 1.84 acres; Maximum height of dam: 100 feet; Length of dam: 100 feet; Total capacity of reservoir: 183.65 acre feet; Active capacity: 183.65 acre feet; Dead storage: 0.00 acre feet. ER Franks Hole Reservoir: Legal description of location of dam: initial point in NW 1/4 NE 1/4 NW 1/4 NW 1/4 of Section 1, T 50N, R 14 W, N.M.M. 677.02 feet east of the West line and 369.45 feet south of the North line of said Section 1; Amount: 103.30 acre feet, CONDITIONAL; Date of appropriation: June 1, 2002; How appropriation was initiated: by formation of intent to store water for beneficial use and location of dam site; Date water applied to beneficial use: n/a; Use or proposed use: storage for irrigation, livestock, fish propagation, wildlife, and fire protection; acres proposed to be irrigated 700 ; Legal description: all portions of Applicant’s lands below said Reservoir; Surface Area of high water line: 3.44 acres; Maximum height of dam: 30 feet; Length of dam: 300 feet; Total capacity of reservoir: 103.30 acre feet; Active capacity: 103.30 acre feet; Dead storage: 0.00 acre feet. CHANGE OF WATER RIGHT (Alternate Points of Diversion): Decreed Name of Structures for which Change is Sought: Decreed Name of Structures for which Change is Sought and Information from Previous Decree (sources of water are North Fork of Escalante Creek, Branch Creek, and Kelso Creek, tributaries of Escalante Creek, and

47 Escalante Creek, a tributary of the Gunnison River): Blumberg Ditch No. 1, decreed February 17, 1906, in Case No. 456, District Court, for 0.62 c.f.s., Priority No. 1, for irrigation, with an appropriation date of March 1, 1883, POD: The headgate of this ditch is situate at a point 612 feet S. and 537 feet E. from the NW corner of the NW¼ of the NW¼ of section 4, in T. 50 N., R. 14 W of the N.M.M. Blumberg Ditch No. 2, decreed: February 17, 1906, in Case No. 456, District Court, for 1.37 c.f.s., Priority No. 2, for irrigation, with an appropriation date of December 17, 1883; March 20, 1954, in Case No. 3503, District Court, for 0.5 c.f.s., Priority No. J-253, for irrigation, appropriation date June 5, 1944; and March 20, 1954, in Case No. 3503, District Court for 2.0 c.f.s., Priority No. J-254, for irrigation, appropriation date June 5, 1944; POD: The headgate of said ditch is situate at a point 330 feet N. and 329 feet E. from the SW corner of the SW¼ of the NE¼ of section 5, in T. 50 N., R. 14 W. of the N.M.M. Tatum Burton Ditch and Tatum Burton Ditch Enlargement, decreed: February 17, 1906, in Case No. 456, District Court, for 0.87 c.f.s., Priority No. 3, for irrigation, with an appropriation date of December 20, 1883; and May 28, 1937, in Case No. 2563, District Court, for 1.0 c.f.s., Priority No. H-57, for irrigation with an appropriation date of February 18, 1906; POD: The headgate of said ditch is situate on the west bank of Escalante Creek on the SW ¼ of the SE¼ of section 15, T. 51 N. R. 13 W., N.M.M., at a point 200 feet SE. of a point of sandstone rock, and about 7/8 of a mile S. from the 3rd correction line. Elkhorn Ditch, decreed February 17, 1906, in Case No. 456, District Court, for 0.45 c.f.s., Priority No. 4, for irrigation, with an appropriation date of February 1, 1884, POD: The headgate of said ditch is situate at a point whence the corner to sections 4, 5, 32 and 33, in Ts. 51 and 50 N., R. 14 W., N.M.M., bears S. 14Ε and 24' W. 2375 feet distant. McCarthy Ditch and McCarthy Ditch Enlargement, decreed: February 17, 1906, in Case No. 456, District Court, for 1.05 c.f.s., Priority No. 5, for irrigation, with an appropriation date of April 15, 1885; and March 20, 1954, in Case No. 3503, District Court, for 2.0 c.f.s., Priority No. J- 235, for irrigation, with an appropriation date of May 1, 1939; POD: The headgate of said ditch is situate on the left bank of Escalante Creek whence the corner to sections 20-21-28-29, in T. 15 S., R. 97 W. of the 6th P.M., bears N. 59Ε 40' E., 310 feet distant. Mow Ditch and Mow Ditch Enlargement, decreed: February 17, 1906, in Case No. 456, District Court, for .20 c.f.s., Priority No. 6, for irrigation, with an appropriation date of May 1, 1888; March 20, 1954, Case No. 3503, District Court, for 3.00 c.f.s., Priority No. J-187, for irrigation, with an appropriation date of April 15, 1928; and December 31, 1974, Case No. W-2285, District Court, for 5.00 c.f.s., for irrigation, with an appropriation date of April 15, 1972; POD: The headgate of said ditch is situate on the west bank of Escalante Creek, at a point 105 chains S., and 8 chains W. from the ¼ section corner between sections 8 and 17, in T. 50 S., R. 97 W. of the 6th P.M. John W. Musser Ditch, decreed: February 17, 1906, in Case No. 456, District Court, for 2.22 c.f.s., Priority No. 7, for irrigation, with an appropriation date of December 20, 1888; and May 28, 1937, in Case No. 2563, District Court, for 1.0 c.f.s., Priority No. H-57, for irrigation, with an appropriation date of February 18, 1906; POD: The headgate of said ditch is situate at a point 934 feet N. and 2505 feet W. from the corner to sections 2 and 3, in T. 50 N., R. 14 W. , and sections 34 and 35 in T. 51 N., R. 14 W. of the N.M.M.; Boise Ditch, decreed February 17, 1906, in Case No. 456, District Court, for 1.25 c.f.s., Priority No. 8, for irrigation, with an appropriation date of March 1, 1890, POD: The headgate of said ditch is situate on the west bank of Escalante Creek at a point whence the SW corner of the SE¼ of the NW ¼ of section 31, in T. 15 S., R. 97 W. of the 6th P.M., bears southerly 42 rods distant. Campbell Ditch, decreed February 17, 1906, in Case No. 456, District Court, for 1.42 c.f.s., Priority No. 9, for irrigation, with an appropriation date of January 1, 1892; and May 28, 1937, in Case No. 2563, District Court, for 2.50 c.f.s., Priority No. H-57, for irrigation, with an appropriation date of February 18, 1906;

48 POD: The headgate of said ditch is situate on the left bank of Escalante Creek, at a point whence the corner to sections 2, 3, 34 and 35, in Ts. 50 and 51 N., R. 14 W. , N.M.M., bears S. 48Ε 44' E., 1390 feet distant; Hadler Ditch, decreed February 17, 1906, in Case No. 456, District Court, for .15 c.f.s., Priority No. 10, for irrigation, with an appropriation date of May 1, 1892, POD: The headgate of said ditch is situate at a spring arising on claimant’s land, about midway between the center and the SW corner of the NE ¼ of the NE¼ of section 7, in T. 50 N. R, 14 W. of the N.M.M.; Blumberg Ditch No 3, decreed February 17, 1906, in Case No. 456, District Court, for 0.59 c.f.s., Priority No. 11, for irrigation, with an appropriation date of April 1, 1893, POD: The headgate of said ditch is situate at a point 400 feet W., and 535 feet N, from the SE. corner of the SE¼ of the NW ¼ of section 5, in T. 50 (error in decree 15) N., R. 14 W. of the N.M.M.; Granite Rock Ditch, decreed February 17, 1906, in Case No. 456, District Court, for 0.50 c.f.s., Priority No. 12, for irrigation, from Kelso Creek, tributary to Escalante Creek, with an appropriation date of December 15, 1893, POD: The headgate of the said ditch is situate on a branch of the Escalante Creek at a point whence the corner to sections 2, 3, 10 and 11, in T. 50 N., R. 14 W., N.M.M., bears N 50Ε 20' E, 2101.7 feet distant; Wilbur Ditch, and Wilbur Ditch Enlargements decreed: February 17, 1906, in Case No. 456, District Court, for .42 c.f.s., Priority No. 13, for irrigation, with an appropriation date of August 1, 1895; February 17, 1906, in Case No. 456, District Court, for 0.32 c.f.s., Priority No. 16, for irrigation, with an appropriation date of May 15, 1901; and March 20, 1954, Case No. 3503, District Court, for 3.25 c.f.s., Priority No. J-183, for irrigation, with an appropriation date of April 15, 1926; POD: The headgate of the said ditch is situate on the left bank of the Escalante Creek at a point whence the ¼ section corner between sections 4 and 33, in Ts. 50 and 51 N., R. 14 W., N.M.M., bears N. 9Ε 30' W., 3400 feet distant; Harvey Ditch, decreed February 17, 1906, in Case No. 456, District Court, for 1.0. c.f.s., Priority No. 14, for irrigation, with an appropriation date of March 1, 1896, POD: The headgate of said ditch is situate at a spring in the NW ¼ of the SE¼ of section 5, in T. 50 N., R. 14 W. of the N.M.M.; Poverty Ditch and Poverty Ditch Enlargement, decreed: February 17, 1906, in Case No. 456, District Court, for 0.50 c.f.s., Priority No. 15, for irrigation, with an appropriation date of May 1, 1897; and January 31, 1964, in Case No. 4808, District Court, for 0.75 c.f.s., for irrigation, with an appropriation date of March 15, 1931; POD: The headgate of said ditch is situate on the left bank of Escalante Creek, in the SW portion of the SE¼ of the SE¼ of section 36, in T. 15 S., R. 98 (error in original decree “96") W. of the 6th P.M.; McCarthy Ditch No. 2, decreed February 17, 1906, in Case No. 456, District Court, for 0.57 c.f.s., Priority No. 17, for irrigation, from North Branch of Escalante Creek, with an appropriation date of March 25, 1902, POD: The headgate is located on the N. bank of the North Branch of Escalante Creek at a point whence the corner to sections 5, 6, 7, 8, in T. 50 N., R. 14 W., of the N.M.M., bears N. 32Ε 10' E., 31 chains distant; South Fork Ditch decreed May 28, 1937, Case No. 2563, District Court, for 1.02 c.f.s., Priority No. H-142, for irrigation, with an appropriation date of June 1, 1927, POD: The headgate of said ditch is located on the left bank of said South Fork of Escalante Creek at a point 780 feet Northeasterly from the Southwest corner of the Northeast Quarter of the Southwest Quarter of Section 26, Township 51, North of Range 14, West of the N.M.M.; South Fork Ditch (Enlargement), decreed December 31, 1964, Case No. 4808, District Court, for 5.00 c.f.s., Priority No. K-170, for irrigation, with an appropriation date of November 15, 1959, POD: Headgate located on the East bank of Escalante Creek, abutting against a granite rim, at a point whence the E corner of Section 2, T 50N, R 14W, N.M.M. bears N 15 E 1050 feet; thence due East 1320 feet; Sawtell Ditch, decreed May 28, 1937, Case No. 2563, District Court, for 2.0 c.f.s., Priority No. H-166, for irrigation, from North Fork of Escalante Creek, with an appropriation date of August 4, 1936, POD: The

49 headgate of said ditch is located on the left or West bank of said North Fork of Escalante Creek at a point from which the Northeast corner of Section 7, Township 50 North of Range 14, West of the N.M.M. bears North 48Ε 00' East 4840 feet; Knob Hill Ditch and Knob Hill Enlargement and Extension decreed: December 31, 1964, Case No. 4808, District Court, for 0.40 c.f.s., Priority No. K-65, for irrigation, with an appropriation date of June 15, 1937; and December 31, 1964, Case No. 4808, District Court, for 1.50 c.f.s., Priority No. 107, for irrigation, with an appropriation date of July 15, 1952; POD: The head of the ditch is located 1770 feet due west of the E corner of Section 2, T 50 N, R14 W, N.M.M. intercepting waste water from irrigation at various points along its course; Bass Ditch, decreed December 31, 1964, Case No. 4808, District Court, for 1.00 c.f.s., Priority No. K-105, for irrigation, with an appropriation date of April 5, 1952, POD: located on said Escalante Creek at a point approximately 495 feet east and approximately 150 feet south of the NE corner of the SW¼ SW¼, Sec. 17, T. 15 S., R. 97 W., 6th P.M. Bridge Ditch, decreed: December 31, 1964, Case No. 4808, District Court, for 0.125 c.f.s., Priority No. K-19, for irrigation, with an appropriation date of May 1, 1910; and December 31, 1964, Case No. 4808, District Court, for 0.625 c.f.s., Priority No. K-61, for irrigation, with an appropriation date of May 1, 1935; POD: headgate is located on the right bank of said Escalante Creek 172 yards East and 5 yards North of the SW corner of the SE¼ SE¼, sec. 30, T. 15 S., R. 97 W., 6th P.M. Historic use: Applicant is the owner of approximately 6,000 acres of land in Mesa County and Delta County, Colorado, more particularly described on Exhibit A attached to the application filed with the Court. Approximately 1,500 acres of said lands are irrigated lands. Applicant is also the owner of the decreed water rights described hereinabove along with the undecreed appropriations for which decrees are sought in this action more particularly described in the Application, all of which water rights have been used historically for irrigation and stock water on Applicant’s lands under its ownership and under the ownerships of its predecessors in title. Applicant and its predecessors in title have historically diverted substantial accumulated portions of its total amount of water decreed for such lands through single points of diversion, in rotation, in order to maximize the efficient use of its irrigation water rights. Such historic irrigation patterns and practices constitute the use of alternate points of diversion for each water right with respect to each of the other water rights. Applicant’s use of such alternate points of diversion for accumulated portions of its water rights for irrigation of its lands and stock water have historically occurred along the following stretches of the sources of Applicant’s water rights: (1) Along the North Fork of Escalante Creek from the headgate of the Sawtell Ditch downstream to the confluence with Escalante Creek, downstream to the confluence with the Gunnison River, and downstream to the headgate of Rio Dominquez Ditch; and (2) along Kelso Creek from the headgate of Granite Rock Ditch to the confluence with Escalante Creek, downstream to the confluence with the Gunnison River, and downstream to the headgate of Rio Dominquez Ditch. Proposed change: Applicant seeks a decree recognizing each point of diversion for the surface water rights described in paragraphs 5 and 8 of the application, as alternate points of diversion, one for all the others as their capacities and Applicant’s accumulated rights will allow, for irrigation of the lands historically irrigated. The purpose of the changes requested is to permit the Applicant to continue its historic internal exchange practice of diverting water under its decreed rights, and to divert water under its new decrees sought under this application, to any of said ditches in a single location and to rotate the location of that point of diversion among the numerous ditches identified herein to irrigate Applicant’s lands more efficiently. All affected water rights shall retain their historic priority dates at all alternate points of diversion. Name and address of owner of land. Mika Ag

50 Corp., d/b/a Escalante Land & Cattle Corp., 7535 Hilltop Cir., #100, Denver, CO 80221. MESA AND DELTA COUNTIES.

66. Case No. 05CW267. Application for Underground Water Right, Change of Water Right and for Approval of Plan for Augmentation Applicant: Verzuh Ranch, Inc., P.O. Box 399, Crested Butte, CO 81224. (Send all pleadings and correspondence to: John R. Hill, Jr., Bratton & McClow LLC, 232 West Tomichi Ave., Suite 202, Gunnison, CO 81230). FIRST CLAIM (Application for Underground Water Right). Name(s) of well(s) and permit, registration, or denial number(s) Shady Island Well No. 1. Permit will be applied for when plan for augmentation is approved. Legal description of well: Well will be constructed at a point in the N½SW¼NE¼ Section 24, Township 50 North, Range 1 West of the N.M.P.M. to be selected by well driller and Applicant. Source and depth: Gunnison River alluvium, depth to be determined. Facts relating to appropriation: Date of appropriation: December 6, 2005. Appropriation was initiated by coexistence of site reconnaissance and formation of intent to construct well. Amount claimed: 50 gpm conditional. Proposed use: Domestic in-house use and lawn and garden irrigation for 18 single family dwellings in SW¼, NE¼, Section 24, Township 50 North, Range 1 West, N.M.P.M. Description of Land To Be Irrigated: 0.413 acres of lawns and gardens in SW¼, NE ¼, Section 24, Township 50 North, Range 1 West, N.M.P.M. SECOND CLAIM (Application for Change of Water Right) Decreed name of structure for which change is sought: (indicate whether ditch, well, springs, reservoir, etc.): Griffith Well. Permit No. 29629-F From previous decree: Decreed for 30 gpm conditional commercial use with appropriation date of February 6, 1986 and adjudication date 1986 in Case No. 86CW71 and made absolute in Case No. 92CW149. Decreed Point of Diversion is at a point in the SW¼, NE¼, Section 24, Township 50 North, Range 1 West, N.M.P.M., 1900 feet from North Section Line and 1900 feet from East Section Line. (Actual distances from section lines are approximately 1700 feet from North Section Line and 2200 feet from East Section Line). Source is Gunnison River. Historic use: Applicant’s engineer estimated depletions to the Gunnison River resulting from consumptive use in recreational vehicle park at 1.33 acre-feet in the reach Shady Island to McCabe Lane and 0.585 acre-feet downstream of McCabe Lane. Proposed changes: Change use from commercial to domestic and irrigation of lawns and gardens. Land to be irrigated is 0.369 acres in SW1/4, NE1/4, Section 24, Township 50 North, Range 1 West, N.M.P.M. Establish alternate point of diversion at Shady Island Well No. 1 as described in paragraph 2, above. Well will be operated under plan for augmentation for which approval is sought in this Application. THIRD CLAIM (Application for Approval of Plan for Augmentation). Names of structures to be augmented: Shady Island Well No. 1 and Griffith Well. Previous decrees to be used for augmentation: The water right decreed to Blue Mesa Reservoir out of the Gunnison River in Case No. 80CW156 for 940,755 acre-feet with priority date of November 13, 1957, for domestic and municipal, irrigation and stock watering, industrial, hydropower, piscatorial, wildlife, recreation and other purposes. The initial point of survey of Blue Mesa Dam is located at a point on the right abutment being the intersection of the center line of the axis of the dam and of the center line of the outlet works tunnel, whence the SW corner of Section 31, Township 49 North, Range 4 West, N.M.P.M. bears North 78º36N44OWest a distance of 3,207.07 feet. Applicant will enter into a water service contract with the Upper Gunnison River Water Conservancy District for 1.5 acre feet of water stored in Blue Mesa Reservoir. Historic use of water rights to be used for augmentation The water right decreed to Blue Mesa Reservoir has been used historically for all of its decreed purposes. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Applicant proposes a subdivision

51 comprised of eighteen single family dwellings to be known as the Shady Island Subdivision. Daily in-house use is assumed to be 350 gallons per day per dwelling unit. The subdivision is assumed to be 100% occupied throughout the year. Each of the18 dwelling units will be limited to no more than 1000 sq. ft. of irrigated lawn and garden. The total amount of irrigated lawn and garden in the subdivision will be no more than 18,000 sq. ft. or 0.413 acres. The irrigation season is from May 1 to September 30. The water supply for the subdivision will be diverted through the Shady Island Well No. 1 and the Griffith Well. Return flows from in-house use will be piped to the City of Gunnison Wastewater Treatment Plant and will return to the Gunnison River at McCabe Lane. Consumptive use from in-house use is assumed to be 5% of the amount diverted by the wells. The annual depletion to the Gunnison River between the Shady Island Subdivision and McCabe Lane due to in-house uses will be 100% of the amount diverted by the wells. The annual depletion to the Gunnison River below McCabe Lane will be 5% of the amount diverted by the wells for in-house use. These depletions are assumed to occur uniformly throughout the year. Return flows from lawn and garden irrigation will return to the immediate vicinity of the subdivision wells. The wells serving the subdivision will be located between 100 ft. and 500 ft. from the Gunnison River. The depletion to the Gunnison River (at all points downstream of the Shady Island Subdivision downstream) will be equal to the consumptive use for lawn irrigation as adjusted for lagged depletion effects based upon distance from the stream. Depletions occurring in the reach Shady Island-McCabe Lane are estimated to the nearest hundredth acre-foot are as follows: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 0.60 0.55 0.60 0.58 0.71 0.73 0.75 0.74 0.70 0.62 0.62 0.61 7.81

Depletions occurring in the reach downstream of McCabe Lane to the nearest hundredth acre-foot are as follows:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 0.03 0.03 0.03 0.03 0.14 0.18 0.18 0.17 0.14 0.05 0.04 0.04 1.07

Applicant proposes to augment as against calls originating at or downstream of the Aspinall Unit. No valid call has ever occurred in the reach between Shady Lane and Blue Mesa Reservoir. The State Engineer has recently declined to require the same reach to be augmented for depletions resulting from wells similarly situated. Accordingly, only the depletions reflected in paragraph 15.e need to be replaced by releases from Blue Mesa Reservoir pursuant to contract. Due to the small amounts, the timing of releases will be at the discretion of the Division Engineer. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: Applicant, address in paragraph 1. GUNNISON COUNTY.

67. Case No. 05CW268. Gunnison County, Water District No. 4 Applicant: William and Nikki Whited, P.O. Box 241, Carbondale, Colorado 81222 c/o Wilderson, O’Hayre & Dawson, P.C., 120 North Taylor - P.O. Box 179, Gunnison, Colorado 81230, (970) 641-3326; Type of Application: Application for Water Right; Name of Structure: Whited Spring; Location: Whited Spring 1 is located on the mining claim known as Lehigh Lode Mining Claim, designated as Lot 7956, and Mineral Certificate No. 439, being a portion of Section 35, Township 50 North, Range 5 East, N.M.P.M., in the Tomichi Mining District, Gunnison County, Colorado, at a point that is

52 approximately 630 feet from the South Section line and 210 feet from the East Section line of said Section 35; Source: An unnamed tributary Galena Creek, a tributary to Tomichi Creek, a tributary to the Gunnison River; Quantity: 10 g.p.m., conditional Appropriation Date: September 7, 2005; Use: Domestic, irrigation, and wildlife propagation; Type of Structure: Well. GUNNISON COUNTY.

68. Case No. 05CW269. Brush Creek Res., trib. to the East River. Amended Application for Change of Cond. Storage Right. Brush Creek Res. Assoc., c/o David C. Hallford, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945- 6546. Structure: Brush Creek Res. Original Decree: 1/27/1961. CA 5590, Ct.: Dist. Ct., Gunnison Cty. Location: 3,100 ft. W of the E line and 450 ft. N of the S line of Sec. 23, T. 13 S., R. 85 W., 6 th P.M. Approp. Date: 6/27/1959. Use: Irr. and dom. Amt.: 3,000 AF, Cond. Proposed change: Applicant proposes three changed places of storage at the Ferris Creek Res Nos. 1 and 2 and Grouse Creek Res. Ferris Creek Res. No. 1: NW1/4NW1/4, Sec. 9, T. 14 S., R. 85 W., 6 th P.M., 1,200 ft. from the N Sec. line and 1,200 ft. from the W Sec. line of said Sec. 9. Amt.: 80 AF. Surface area of HWL: 4 ac. Max. ht. of dam: 30 ft. Length of dam: 400 ft. Total Active Capacity: 80 AF. Ferris Creek Res. No. 2: S1/2 SE1/4, Sec. 8, T. 14 S., R. 85 W., 6 th P.M., 600 ft. from the S Sec. line and 1,720 ft. from the E Sec. line of said Sec. 8. Amt.: 2,150 AF. Surface area of HWL: 40 ac. Max. ht. of dam: 80 ft. Length of dam: 900 ft. Total Active Capacity: 2,150 AF. Grouse Creek Res: SW1/4 SW1/4, Sec. 9, T. 14 S., R. 85 W., 6 th P.M., 950 ft. from the S Sec. line and 260 ft. from the W Sec. line of said Sec. 9. Amt.: 1,020 AF. Surface area of HWL: 19 ac. Max. ht. of dam: 80 ft.. Length of dam: 600 ft. Total Active Capacity: 1,020 AF. Names and addresses of owners or reputed owners of the land: Trampe Ranches, LLLP, 393 Cty. Rd. 8, Gunnison, CO 81230. (9 pages) GUNNISON COUNTY.

69. Case No. 05CW270. SAN GRAIL TRUST (Michael Combs, Trustee), c/o Bernard F. Gehris, Burns, Figa & Will, 6400 S. Fiddler’s Green Circle, Suite 1000, Greenwood Village, CO 80111, (303) 796-2626, APPLICATION FOR WATER RIGHTS IN MONTROSE COUNTY, COLORADO. 1. Name of Structures to be Augmented: A. Carlene Spring, B. Deborah Spring, C. San Grail Ranch Spring, D. Combs Well No. 1, E. Combs Well No. 2, F. Combs Well No. 3, G. Combs Well No. 5. The location of each structure, and water rights associated with each structure, are described below. Other than the water rights described below in this application, there are no other water rights diverted from these structures. 3. Previous decree(s) for water right(s) to be used for augmentation: A. Applicant seeks to use the following decreed absolute and conditional water rights as a source of augmentation water: i. Carlene Spring: 0.05 c.f.s. decreed absolute in Case No. 91CW112 for stockwatering and fish culture uses, with an appropriation date of December 31, 1940, and decreed conditional for augmentation use in Case No. 02CW291 (decree entered April 18, 2005), with an appropriation date of September 5, 2002. ii. Deborah Spring: 0.05 c.f.s. decreed absolute in Case No. 91CW113 for stockwatering and fish culture uses, with an appropriation date of December 31, 1940, and decreed conditional for augmentation use in Case No. 02CW291, with an appropriation date of September 5, 2002. iii. San Grail Ranch Spring: 0.033 c.f.s. decreed absolute in Case No. 93CW4 for stockwatering, with an appropriation date of October 11, 1991, and decreed conditional for augmentation use in Case No. 02CW291, with an appropriation date of September 5, 2002. iv. Carlene Pond and Enlargement: 0.3 a-f decreed absolute in Case No. 91CW112 for stockwatering and fish culture uses, with an appropriation date of December 31, 1940, and 4.0 acre-feet total decreed conditional for augmentation and other uses in Case No. 02CW291, with an appropriation date of Sept. 5, 2002. v. Deborah Pond No. 1 and Enlargement: 0.75 a-f decreed absolute

53 in Case No. 91CW113 for domestic, stockwatering and fish culture uses, with an appropriation date of December 31, 1940, and 60.0 acre-feet total decreed conditional for augmentation and other uses in Case No. 02CW291, with an appropriation date of September 5, 2002. vi. Deborah Pond No. 2 and Enlargement: 0.5 a-f decreed absolute in Case No. 91CW113 for domestic, stockwatering and fish culture uses, with an appropriation date of December 31, 1940, and 1.0 acre-feet total decreed conditional for augmentation and other uses, in Case No. 02CW291, with an appropriation date of September 5, 2002. B. Applicant also seeks to use the following applied-for water rights as a source of augmentation water, after the rights are decreed (or approved in a substitute water supply plan) and each structure is built, and to the extent each water right is in priority. These water rights are included in the water rights application in Case No. 2002CW290, now pending in Water Div. 4: i. Combs Well No. 1. ii. Combs Well No. 2. iii. Combs Well No. 3. iv. Combs Well No. 5. C. Location and legal description of each structure: i. Carlene Spring: NW¼ NE¼ Sec. 28, T46N, R12W, NMPM, 2,600 FEL and 750 feet FNL of Sec. 28. ii. Deborah Spring: NE¼ NW¼ Sec. 28, T46N, R12W, NMPM, 3,000 feet FEL and 300 feet FNL of Sec. 28. iii. San Grail Ranch Spring: SW¼ NE¼ Sec. 28, T46N, R12W, NMPM, 1,475 FEL and 1,900 feet FNL of Sec. 28. iv. Carlene Pond and Enlargement: NW¼ NE¼ Sec. 28, T46N, R12W, NMPM, 2,600 feet FEL and 750 feet FNL of Sec. 28. v. Deborah Pond No. 1 and Enlargement: NW¼ SE¼ Sec. 28, T46N, R12W, NMPM, 3,300 feet FWL and 3,700 feet FNL of Sec. 28. vi. Deborah Pond No. 2 and Enlargement: NE¼ NW¼ Sec. 28, T46N, R12W, NMPM, 2,200 FWL and 300 ft FNL of Sec. 28. vii. San Grail Ranch Pond: Located in the SW¼ NE ¼ Sec. 28, T46N, R12W, NMPM, 3,300 ft FWL and 2,450 ft FNL of Sec. 28. viii. Combs Well No. 1: NE¼ NW¼ Sec. 28, T46N, R12W, NMPM, 800 ft FNL and 1,350 FWL of Sec. 28. ix. Combs Well No. 2: SW¼ SW¼ Sec. 21, T46N, R12W, NMPM, 150 ft FSL and 150 ft FWL of Sec. 21. x. Combs Well No. 3: SE ¼ NE ¼ Sec. 29, T46N, R12W, NMPM, 1,850 feet FNL and 25 feet FEL of Sec. 29. xi. Combs Well No. 5: NW¼ SW¼ Sec. 21, T46N, R12W, NMPM, 2,000 feet FSL and 625 feet FWL of Sec. 21. 4. Historic use: The absolute water rights listed in ¶3.A above have been used for decreed purposes by the Applicant and its predecessors in a ranching operation located on property owned by the Applicant. The conditional water rights have not yet been applied to their conditionally decreed beneficial uses. Map of location of property and place of use is attached as Exhibit A to the Application on file with the Water Court. 5. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Applicant intends this plan for augmentation to replace any out-of-priority stream depletions caused by the operation and use of Combs Well No. 1, Combs Well No. 2, Combs Well No. 3, Combs Well No. 5, Carlene Spring, Deborah Spring, and San Grail Ranch Spring for commercial use as described below; and for irrigation use of these structures (as decreed in Case No. 01CW291, and as pending in Case No. 01CW290) as water is available. These depletions are estimated as follows: Pumping rate Net maximum annual out-of-priority depletions Carlene Spring 0.05 cfs 13.2 AF Deborah Spring 0.05 cfs 13.2 AF San Grail Ranch Spring 0.033 cfs 8.7 AF Combs Well No. 1 0.11 cfs 29.4 AF Combs Well No. 2 0.11 cfs 29.4 AF Combs Well No. 3 0.11 cfs 29.4 AF Combs Well No. 5 0.11 cfs 29.4 AF Irrigation Decreed rates for Up to 1.6 AF per irrigated acre

54 Pumping rate Net maximum annual out-of-priority depletions each structure Applicant intends to build a water bottling plant at this property, utilizing the four Combs Wells and the three decreed springs (Carlene, Deborah and San Grail Ranch) as water sources. Water placed into bottles will be 100 percent depletive. All out-of-priority depletions from the four wells (including delayed depletions affecting the stream system when out of priority) and the three springs will be replaced to Horsefly Creek at or above the confluence with Albin Draw. The combined depletions for use in the bottling plant from the four wells and three springs will not exceed 29.4 AF per year. Irrigation use may occur on up to 161 acres in Sec. 20, 313 acres in Sec. 28, and 36 acres in Sec. 21, all in T46N, R12W of the NMPM, on property owned by Applicant. Irrigation may occur to the extent augmentation water is available pursuant to this plan to replace any out-of-priority depletions resulting from such use. Applicant will replace out-of-priority depletions pursuant to this plan for augmentation to the extent necessary to prevent any injury to senior water rights, in a manner acceptable to the Division Engineer. Where reasonably possible, the on-site ponds will be designed to bypass out-of-priority inflows; where such a bypass is not reasonably possible, the ponds will be designed to measure out-of-priority inflows for timely release to the stream system. Ponds also will be designed to utilize pumps to eliminate any dead storage and to facilitate releases when necessary. 6. Owners of the land upon which any structure is to be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant, San Grail Trust, owns the land where all of the structures are located, except Combs Well No. 5 which, upon information and belief, is located in the Uncompahgre National Forest, c/o United States Department of Agriculture; Combs Well No. 3, which may be located on property owned by John and Dorothy Stevens; and Combs Well No. 2 which is located on property owned by Michael Combs individually. Applicant owns all property upon which the water requested will be put to beneficial use, except for the irrigation use in Section 20 and in the SW1/4 SW1/4 of Sec. 21, which property is owned by Michael Combs individually. MONTROSE COUNTY.

70. Case No. 05CW271. Brush Creek Res. – Trib. to the East River. Application for Finding of Reasonable Diligence. Brush Creek Res. Assoc., c/o David C. Hallford, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945- 6546. Structure: Brush Creek Res. Original Decree: 1/27/1961. CA 5590, Ct.: Dist. Ct., Location: 3,100 ft. W. of the E. line and 450 ft. N. of the S. line of Sec. 23, T. 13 S., R. 85 W., 6 th P.M. Approp. Date: 6/27/1959. Use: Irr. and dom. Amt.: 3,000 AF. Applicant has continued its intention to develop the right. Application contains outline of diligence activities. Names and addresses of owners or reputed owners of the land: USFS, Gunnison-Uncompahgre National Forest, 216 N. Colo. St., Gunnison, CO 81230. (4 pages) GUNNISON COUNTY.

71. Case No. 05CW272. MONTROSE COUNTY. HORSEFLY CREEK, MIDDLE HORSEFLY CREEK, CLAY CREEK, MCKENZIE CREEK, ALL TRIBUTARY TO SAN MIGUEL RIVER. Application for Surface Water Rights, Storage Water Rights, and Changes of Water Rights. Eldred Colorado Family, LP c/o Scott M. Balcomb and Sara M. Dunn, Balcomb & Green, PC, PO Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546: 4-Pine Pond: NE1/4, NE1/4, NE1/4, Sec. 1, T45 N., R11 W., NMPM, 220 ft from the N. Sec. line and 420 ft from the E. Sec. line of said Sec. 1. GPS coordinates in NAD 83: 12 S 760767, 4230957 (points were averaged, Garmin Map 76CS); Source: tributary to Horsefly Creek; Approp: 5/1/1967 by construction of

55 pond and beneficial use of water; Amt 0.30 AF, with a right to fill and re-fill in priority. Reservoir is on-channel. Use: stock and wildlife watering; surface area of high water line: 0.15 ac.; max height: less than 10 ft to base of spill channel; length 160 ft; capacity of reservoir: 0.30 AF; dead storage: 0.30 AF. Monica’s Pond: SE1/4, NE1/4, NW1/4, Sec. 10, T45 N., R11 W., NMPM, 1,260 ft from the N. Sec. line and 2,800 ft from the E. Sec. line of said Sec. 10. GPS coordinates in NAD 83: 12 S 756859, 4228858 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation, and by inflow from Monica’s Spring tributary to Clay Creek. Approp. 5/1/1967 by construction of pond and use of water; Amt. 5.0 AF, absolute, with a right to fill and re-fill in priority; Use. stock and wildlife watering, aesthetic and recreation. Surface area of high water line: 2.2 ac; max height of dam: less than 10 ft to base of spill channel; length of dam: 250 ft; capacity of reservoir: 5.0 AF; dead storage: 5.0 AF. Castle Pond 1: SW1/4, SW1/4, NW1/4, Sec. 35, T46 N., R11 W., NMPM, 2,870 ft from the S. Sec. line and 80 ft from the W. Sec. line of said Sec. 35. GPS coordinates in NAD 83: 12 S 757619, 4231785 (points were averaged, Garmin Map 76CS); off-channel pond filled by run-off, precipitation and inflow from Castle Spring 1 tributary to Horsefly Creek; approp. 5/1/1967 by construction of pond and beneficial use of water. Amt. 3.8 AF, absolute, with a right to fill and re-fill in priority for stock and wildlife watering; surface area of high water line: 0.92 ac.; max. height of dam: less than 10 ft to base of spill channel; length of dam: 200 ft; capacity of reservoir: 3.8 AF; dead storage: 3.8 AF. Dawn Pond: NE1/4, SW1/4, NW1/4, Sec. 1, T45 N., R11 W., NMPM, 4,020 ft from the S. Sec. line and 4,320 ft from the E. Sec. line of said Sec. 1. GPS coordinates in NAD 83: 12 S 759596, 4230529 (points were averaged, Garmin Map 76CS); Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp. 5/1/1967 by construction of pond and water put to beneficial use: 5/1/1967; Amt. 3.6 AF, absolute, with right to fill and re-fill in priority for stock and wildlife watering; surface area of high water line: 0.60 ac.; max. height of dam: less than 10 ft to base of spill channel; length of dam: 300 ft; capacity of reservoir: 3.6 AF; dead storage: 3.6 AF. Eldred Pond 1: SW1/4, NW1/4, NW1/4, Sec. 6, T45 N., R10 W., NMPM, 4,130 ft from the S. Sec. line and 5,100 ft from the E. Sec. line of said Sec. 6. GPS coordinates in NAD 83: 12 S 760977, 4230633 (points were averaged, Garmin Map 76CS); Pond filled by run-off; precipitation and by inflow from Eldred Spring 2; source: tributary to Horsefly Creek. Approp. 5/1/1967 by construction of pond and beneficial use of water; Amt. 0.30 AF, absolute, with right to fill and re-fill in priority for stock and wildlife watering; surface area of high water line: 0.15 ac.; max. height of dam: less than 10 ft to base of spill channel; length of dam: 150 ft; capacity of reservoir: 0.30 AF; dead storage: 0.30 AF. Eldred Pond 2: NW1/4, NE1/4, NE1/4, Sec. 7, T45 N., R10 W., NMPM, 4,960 ft from the S. Sec. line and 1,020 ft from the E. Sec. line of said Sec. 7. GPS coordinates in NAD 83: 12 S 762305, 4229306 (points were averaged, Garmin Map 76CS); Pond filled by run-off and precipitation; Source: tributary to Horsefly Creek; approp. 5/1/1967 by construction of pond and beneficial use of water: 5/1/1967; Amt. 2.4 AF, absolute, with right to fill and re-fill in priority for stock and wildlife watering; surface area of high water line: 0.50 ac.; max. height of dam: less than 10 ft to base of spill channel; length of dam: 200 ft; capacity of reservoir: 2.4 AF; dead storage: 2.4 AF. Eldred Pond 3: SE1/4, SW1/4, SW1/4, Sec. 7, T45 N., R10 W., NMPM, 120 ft from the S. Sec. line and 4,110 ft from the E. Sec. line of said Sec. 7. GPS coordinates in NAD 83: 12 S 761394, 4227813 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 11/1/1971; Approp. by construction of pond and beneficial use of water on 11/1/1971; Amt: 4.0 AF, absolute, with right to fill and re-fill in priority; Pond for stock and wildlife watering: Surface area of high water line: 0.60 ac.; capacity of reservoir: 4.0 AF; dead storage: 4.0 AF; Eldred Pond 3 was excavated into the Dakota Sandstone Formation to obtain

56 material to crush for road base, this pond is shallow and does not intercept ground water. Eldred Pond 4: NW1/4, SW1/4, NW1/4, Sec. 17, T45 N., R10 W., NMPM, 3,600 ft from the S. Sec. line and 4,660 ft from the E. Sec. line of said Sec. 17. GPS coordinates in NAD 83: 12 S 762825, 4227267 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 5/1/1967 by construction of pond and beneficial use of water; Amt. 0.50 AF, absolute, with right to fill and re-fill in priority; on-channel pond for stock and wildlife watering; surface area of high water line: 0.18 ac. Max. height of dam: less than 10 ft to base of spill channel; length of dam: 240 ft; capacity of reservoir: 0.50 AF; dead storage: 0.50 AF. Eldred Pond 5: SE1/4, NE1/4, NW1/4, Sec. 17, T45 N., R10 W., NMPM, 4,480 ft from the S. Sec. line and 3,060 ft from the E. Sec. line of said Sec. 17. GPS coordinates in NAD 83: 13 S 237586, 4227527 (points were averaged, Garmin Map 76CS). Pond is filled by run-off and precipitation tributary to Horsefly Creek. Approp: 5/1/1967 by construction of pond and beneficial use of water; Amt. 3.50 AF, absolute, with right to fill and re-fill in priority. Uses: stock and wildlife watering; surface area of high water line: 1.1 ac.; max. height of dam: less than 10 ft to base of spill channel; length of dam: 280 ft; capacity: 3.50 AF; dead storage: 3.50 AF. Eldred Pond 6; the midpoint of two CMP outlet pipes located at N.W. corner of dam described as follows: NE1/4, NW1/4, SE1/4, Sec. 2, T45 N., R11 W., NMPM, 2,600 ft from the S. Sec. line and 1,680 ft from the E. Sec. line of said Sec. 2. GPS coordinates in NAD 83: 12 S 758829, 4230089 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 11/1/1971 by construction of pond and beneficial use of water; Amt. 8.0 AF, absolute, with right to fill and re-fill in priority; Use: stock and wildlife watering, absolute; Irr., conditional. Land to be irrigated is owned by Applicant and is located in the NE 1/4 of Sec. 2, T. 45 N., R11W, NMPM. Surface area of high water line: 3.2 ac; max. height of dam: less than 10 ft to base of spill channel; length of dam: 480 ft; capacity of reservoir: 8.0 AF; active capacity: 6.0 AF; dead storage: 2.0 AF. Eldred Pond 7: midpoint of two 24-inch CMP outlet pipes located at N.W. corner of pond described as follows: NE1/4, NW1/4, NW1/4, Sec. 2, T45 N., R11 W., NMPM, 100 ft from the N. Sec. line and 3,980 ft from the E. Sec. line of said Sec. 2. GPS coordinates in NAD 83: 12 S 758040, 4230896 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 11/1/1971 by construction of pond and use of water; Amt. 6.5 AF, absolute, right to fill and re-fill in priority for stock and wildlife watering; surface area of high water line: 1.3 ac; max. height of dam: less than 10 ft to base of spill channel length of dam: 500 ft capacity of reservoir: 6.5 AF; dead storage: 6.5 AF. Eldred Pond 8 legal description: Location of midpoint of two CMP outlet pipes located at N.W. corner of dam described as follows: NW1/4, NW1/4, NW1/4, Sec. 2, T45 N., R11 W., NMPM, 4,670 ft from the S. Sec. line and 5,130 ft from the E. Sec. line of said Sec. 2. GPS coordinates in NAD 83: 12 S 757715, 4230690 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 11/1/1971 by construction of pond and beneficial use of water; Amt. 15.0 AF, absolute, with right to fill and re-fill in priority; Use: stock and wildlife watering, piscatorial, recreation and aesthetic; surface area of high water line: 2.5 ac max. height of dam: less than 10 ft to base of spill channel; length of dam: 280 ft; capacity of reservoir: 15.0 AF; dead storage: 15.0 AF. Eldred Pond 9: NE1/4, SE1/4, SW1/4, Sec. 11, T45 N., R11 W., NMPM, 1,040 ft from the S. Sec. line and 3,050 ft from the E. Sec. line of said Sec. 11. GPS coordinates in NAD 83: 12 S 758468, 4227959 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 5/1/1967 by construction of pond and beneficial use of water; Amt. 0.80 AF, absolute, with right to fill and re-fill in priority for stock and wildlife watering; surface area of high water line: 0.38 ac.; max. height of dam: less than 10 ft to base of spill channel length of dam:

57 240 ft capacity of reservoir: 0.80 AF; dead storage: 0.80 AF. Eldred Pond 10: NE1/4, NE1/4, SE1/4, Sec. 12, T45 N., R11 W., NMPM, 2,560 ft from the S. Sec. line and 420 ft from the E. Sec. line of said Sec. 12. GPS coordinates in NAD 83: 12 S 760854, 4228549 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 5/1/1967 by construction of pond and beneficial use of water; Amt. 0.9 AF, absolute, with right to fill and re-fill for stock and wildlife watering; surface area of high water line: 0.26 ac. max. height of dam: less than 10 ft to base of spill channel length of dam: 220 ft capacity of reservoir: 0.9 AF; dead storage: 0.9 AF. Eldred Pond 11: SE1/4, NE1/4, SE1/4, Sec. 35, T46 N., R11 W., NMPM, 1,950 ft from the S. Sec. line and 180 ft from the E. Sec. line of said Sec. 35. GPS coordinates in NAD 83: 12 S 759179, 4231565 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 5/1/1967 by construction of pond and beneficial use of water; Amt. 1.0 AF, absolute, with right to fill and re-fill in priority for stock and wildlife watering; surface area of high water line: 0.38 ac.; max. height of dam: less than 10 ft to base of spill channel; length of dam: 170 ft; capacity of reservoir: 1.0 AF; dead storage: 1.0 AF. Eldred Pond 12: NE1/4, NW1/4, SW1/4, Sec. 36, T46 N., R11 W., NMPM, 2,220 ft from the S. Sec. line and 4,650 ft from the E. Sec. line of said Sec. 36. GPS coordinates in NAD 83: 12 S 759438, 4231644 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 5/1/1967 by construction of pond and use of water. Amt. 0.10 AF, absolute, with right to fill and re-fill in priority. Use: stock and wildlife watering; surface area of high water line: 0.08 ac. max. height of dam: less than 10 ft to base of spill channel; length of dam: 90 ft; capacity of reservoir: 0.10 AF; dead storage: 0.10 AF. Eldred Pond 13: NW1/4, NE1/4, NW1/4, Sec. 36, T46 N., R11 W., NMPM, 4,890 ft from the S. Sec. line and 3,400 ft from the E. Sec. line of said Sec. 36. GPS coordinates in NAD 83: 12 S 759769, 4232475 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation, and inflow from Stuart Spring Nos. 1A, 1B, 1C and 2 tributary to Horsefly Creek. Approp: 5/1/1967 by construction of pond and beneficial use of water; Amt. 0.52 AF, absolute, with right to fill and re-fill in priority. Use: stock and wildlife watering; surface area of high water line: 0.21 ac; max. height of dam: less than 10 ft to base of spill channel; length of dam: 140 ft; capacity of reservoir: 0.52 AF; dead storage: 0.52 AF. Hofmann Reservoir No. 3; approx. center of reservoir located in the NW1/4, SE1/4, NE1/4, Sec. 34, T46 N., R10 W., NMPM, 3,700 ft from the S. Sec. line and 1,120 ft from the E. Sec. line of said Sec. 34. Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 1/2/1950 by construction of pond and applied to beneficial use: 5/1/1967; Amt. 3.5 AF, absolute, with a right to fill and re-fill in priority; Use: stock watering, wildlife watering, and Irr.; Irr. water from reservoir is diverted by down gradient ditches as described in Case CA-5882. Surface area of high water line: 0.70 ac.; max. height of dam: less than 10 ft to base of spill channel; length of dam: 160 ft; capacity of reservoir: 3.5 AF; active capacity: 2.8 AF; dead storage: 0.7 AF. Hofmann Reservoir No. 4, SW1/4, SE1/4, NE1/4, Sec. 34, T46 N., R10 W., NMPM, 3,250 ft from the S. Sec. line and 1,050 ft from the E. Sec. line of said Sec. 34. GPS coordinates in NAD 83: 13 S 241589, 4231984 (points were averaged, Trimble GPS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 1/2/1950 by construction of pond and use of water and applied to beneficial use: 5/1/1967; Amt. 5.0 AF, absolute, with a right to fill and re-fill in priority. Use: stock watering, wildlife watering, and Irr. Irr: water from reservoir is diverted by down gradient ditches as described in Case CA-5882. Surface area of high water line: 1.2 ac; Max. height of dam: less than 10 ft to base of spill channel; Length of dam: 160 ft; Capacity of Reservoir: 5.0 AF; active capacity: 4.0 A; dead storage: 1.0 AF. Mosca Live Stock Company Reservoir No. 3 Enlargement: Approximate center of reservoir

58 located in the SW1/4, NE1/4, NE1/4, Sec. 34, T46 N., R10 W., NMPM, 4,220 ft from the S. Sec. line and 1,320 ft from the E. Sec. line of said Sec. 34. Pond filled by run- off and precipitation and upgradient spring flows tributary to Horsefly Creek. Approp: 10/31/1898; Approp. by construction of pond and use of water. Date Water Applied to Beneficial Use: 5/1/1967; Amt. 14 AF, absolute, with a right to fill and re-fill in priority. Stock and wildlife watering, and Irr. Irr: water from reservoir is diverted by down gradient ditches as described in Case CA-1627. Surface area of high water line: 2.8 ac; Max. height of dam: less than 10 ft to base of spill channel; Length of dam: 450 ft; Capacity of Reservoir: 18.10 AF; active capacity: 14.5 AF; dead storage: 3.6 AF; Name and address of owner of land upon which ponds are located, upon which water is stored, and upon which water will be placed to beneficial use: Water stored on land owned by Applicant and Cornerstone Montrose LLC, P.O. Box 267, Ridgeway, CO 81432. Water will be placed to use on Applicant’s property. Salamander Pond; NW1/4, SE1/4, SW1/4, Sec. 1, T45 N., R11 W., NMPM, 1,180 ft from the S. Sec. line and 3,950 ft from the E. Sec. line of said Sec. 1. GPS coordinates in NAD 83: 12 S 759741, 4229670 (points were averaged, Garmin Map 76CS). Pond filled by run-off and precipitation tributary to Horsefly Creek. Approp: 11/1/1971 by construction of pond and use of water; Amt. 0.12 AF, absolute, with right to fill and re-fill in priority; Use: stock watering and wildlife watering; surface area of high water line: 0.07 ac.; max. height of dam: less than 10 ft to base of spill channel; Length of dam: 110 ft; capacity of reservoir: 0.12 AF; active capacity: 0 AF; dead storage: 0.12 AF. Powerline Spring and Tank No. 1 Enlargement: SE1/4, SW1/4, NE1/4, Sec. 33, T46 N., R10 W., NMPM, 3,250 ft from the S. Sec. line and 1,670 ft from the E. Sec. line of said Sec. 33. GPS coordinates in NAD 83: 13S 239800, 4232017 (points were averaged, Trimble GPS). Source: Spring tributary to Horsefly Creek. Approp: 7/5/1977 by use of spring for purposed decreed in Case W- 1868 and construction of ditch from spring use/source area to carry overflow water to mainstem Horsefly Creek for subsequent Irr. diversions and beneficial use. Amt. Claimed: 0.35 cfs, absolute; Use: stock wand wildlife watering. Reinhold Spring and Reservoir No. 1 Ditch. NW1/4, SE1/4, SW1/4, Sec. 30, T46 N., R10 W., NMPM, 960 ft from the S. Sec. line and 3,520 ft from the E. Sec. line of said Sec. 30. GPS coordinates in NAD 83: 12 S 761373, 4232957 (points were averaged, Garmin Map 76CS). Source: tributary to Horsefly Creek; Approp: 7/5/1977 by construction of ditch to divert and carry water to Reinhold Spring and Reservoir No. 1. and applying water to beneficial use; Amt. 0.50 cfs, absolute for stock watering, wildlife watering; length of ditch course from diversion point to Reinhold Spring and Reservoir No. 1 is approx. 500 ft. Bear Boy Spring; NW1/4, NE1/4, NW1/4, Sec. 15, T45 N., R11 W., NMPM, 190 ft from the N. Sec. line and 3.980 ft from the E. Sec. line of said Sec. 15. GPS coordinates in NAD 83: 12 S 756569, 4227548 (points were averaged, Garmin Map 76CS). Source: Spring tributary to Clay Creek; Approp: 5/1/1967 by use of spring. Amt. 0.044 cfs (20 gpm), absolute, for stock and wildlife watering and meditation. Monica’s Spring: SW1/4, NW1/4, NE1/4, Sec. 10, T45 N., R11 W., NMPM, 980 ft from the N. Sec. line and 2,500 ft from the E. Sec. line of said Sec. 10. GPS coordinates in NAD 83: 12 S 756951, 4228944 (points were averaged, Garmin Map 76CS). Source: spring tributary to Clay Creek; Approp. 5/1/1967 by use of spring and applying water to beneficial use; Amt. 0.044 cfs (20 gpm) absolute, for stock and wildlife watering. Remarks: Monica’s Spring flows into Monica’s Pond. Eldred Spring 8: NE1/4, NE1/4, NE1/4, Sec. 14, T45 N., R11 W., NMPM, 4,640 ft from the S. Sec. line and 260 ft from the E. Sec. line of said Sec. 14. GPS coordinates in NAD 83: 12 S 759336, 4227476 (points were averaged, Garmin Map 76CS). Source: spring tributary to McKenzie Creek; Approp: 5/1/1967 by use of spring and applying water to beneficial use; Amt. 0.033 cfs (15 gpm) absolute, for stock and wildlife watering. Eldred Ditch 1: SE1/4, SW1/4, SW1/4, Sec. 29, T46 N.,

59 R10 W., NMPM, 470 ft from the S. Sec. line and 4,500 ft from the E. Sec. line of said Sec. 29. Source: tributary to Horsefly Creek. Approp: 7/5/1977 by use of ditch and applying water to beneficial use. Amt. 1.0 cfs, absolute, for stock, Irr. and wildlife watering. Eldred Ditch 2: SE1/4, SE1/4, SE1/4, Sec. 30, T46 N., R10 W., NMPM, 370 ft from the S. Sec. line and 10 ft from the E. Sec. line of said Sec. 30. Source: tributary to Horsefly Creek; Approp: 7/5/1977 by use of ditch and applying water to beneficial use; Amt. 0.50 cfs, absolute, for Irr., stock and wildlife watering. Eldred Ditch 3A: NE1/4, NW1/4, NE1/4, Sec. 6, T45 N., R10 W., NMPM, 120 ft from the N. Sec. line and 1,810 ft from the E. Sec. line of said Sec. 6. Source: tributary to Horsefly Creek; Approp: 7/5/1977 by use of ditch and applying water to beneficial use; Amt. 1.0 cfs, absolute, total combined diversion amount for Eldred Ditches 3A, 3B, 3C and 3D, for Irr., stock and wildlife watering. Name and address of owner(s) of land on which points of diversion and place of use is located: Stephen E. Anderson and Michael T. Anderson, et al. 9281 W. Hileah Place Littleton, CO 80123 and Applicant. Eldred Ditch 3B: SW1/4, NE1/4, SE1/4, Sec. 31, T46 N., R10 W., NMPM, 1,440 ft from the S. Sec. line and 1,270 ft from the E. Sec. line of said Sec. 31. Source: tributary to Horsefly Creek; Approp: 7/5/1977 by use of ditch and applying water to beneficial use. Amt. 1.0 cfs, absolute, total combined diversion amount for Eldred Ditches 3A, 3B, 3C and 3D, for Irr., stock and wildlife watering. Eldred Ditch 3C: NW1/4, NE1/4, SE1/4, Sec. 31, T46 N., R10 W., NMPM, 2,270 ft from the S. Sec. line and 900 ft from the E. Sec. line of said Sec. 31. Source: tributary to Horsefly Creek; Approp: 7/5/1977 by use of ditch and applying water to beneficial use. Amt. 1.0 cfs, absolute, total combined diversion amount for Eldred Ditches 3A, 3B, 3C and 3D for Irr., stock and wildlife watering. Eldred Ditch 3D: SE1/4, SE1/4, NE1/4, Sec. 31, T46 N., R10 W., NMPM, 3,300 ft from the S. Sec. line and 500 ft from the E. Sec. line of said Sec. 31. Source: tributary to Horsefly Creek; Approp: 7/5/1977 by use of ditch and applying water to beneficial use; Amt. 1.0 cfs, absolute, total combined diversion amount for Eldred Ditches 3A, 3B, 3C and 3D, for Irr., stock and wildlife watering. Eldred Ditch 4: NE1/4, NE1/4, SW1/4, Sec. 31, T46 N., R10 W., NMPM, 2,070 ft from the S. Sec. line and 3,280 ft from the E. Sec. line of said Sec. 31. Source: tributary to Horsefly Creek; Approp: 7/5/1977 by use of ditch and applying water to beneficial use. Amt. 0.50 cfs, absolute for Irr., stock and wildlife watering. Eldred Spring 1: NE 1/4 SE 1/4 SW 1/4 Sec. 6, T45 N., R10 W., NMPM, 1,160 ft from the S. Sec. line and 3,150 ft from the E. Sec. line of said Sec. 6. GPS coordinates in NAD 83: 12 S 761631, 4229746 (points were averaged, Garmin Map 76CS). Source: spring tributary to Horsefly Creek; Approp: 5/1/1967 by construction of stone cistern collection area; recently improved by NRCS to include an underground pipe to a 6.5 ft diameter concrete stock tank with overflow pipe and applied the water to beneficial use. Amt. 0.089 cfs (40 gpm), absolute, for stock and wildlife watering. Eldred Spring 2: SE1/4, SW1/4, NW1/4, Sec. 6, T45 N., R10 W., NMPM, 3,120 ft from the S. Sec. line and 4,550 ft from the E. Sec. line of said Sec. 6. GPS coordinates in NAD 83: 12 S 761170, 4230332 (points were averaged, Garmin Map 76CS). Source: spring tributary to Horsefly Creek; Approp: 5/1/1967 by use of spring and applying water to beneficial use. Amt. 0.044 cfs (20 gpm), absolute, for stock and wildlife watering. Remarks: Water from Eldred Spring 2 also used to maintain Eldred Pond 1. Eldred Spring 3: NW1/4, NE1/4, NW1/4, Sec. 17, T45 N., R10 W., NMPM, 4,690 ft from the S. Sec. line and 3,420 ft from the E. Sec. line of said Sec. 17. GPS coordinates in NAD 83: 13 S 237483, 4227583 (points were averaged, Garmin Map 76CS). Source: Spring tributary to Horsefly Creek; Approp: 5/1/1967 by use of spring and applying water to beneficial use. Amt. 0.033 cfs (15 gpm), absolute for stock and wildlife watering. Eldred Spring 4: NE1/4, NE1/4, SW1/4, Sec. 1, T45 N., R11 W., NMPM, 2,650 ft from the S. Sec. line and 2,970 ft from the E. Sec. line of said Sec. 1. GPS coordinates in NAD 83: 12 S 760021, 4230136 (points were averaged, Trimble

60 GPS). Source: spring tributary to Horsefly Creek; Approp: 5/1/1967 by use of spring and applying water to beneficial use; Amt. 0.033 cfs (15 gpm), absolute, for stock and wildlife watering. Eldred Spring 5: SW1/4, NW1/4, NE1/4, Sec. 29, T46 N., R10 W., NMPM, 4,270 ft from the S. Sec. line and 2,560 ft from the E. Sec. line of said Sec. 29. GPS coordinates in NAD 83: 13 S 237952, 4233994 (points were averaged, Garmin Map 76CS). Source: spring tributary to Horsefly Creek; Approp: 5/1/1967 by use of spring water and applying the water to beneficial use. Amt. 0.044 cfs (20 gpm), absolute, for stock and wildlife watering. Eldred Spring 6: SW1/4, NW1/4, NE1/4, Sec. 29, T46 N., R10 W., NMPM, 4,180 ft from the S. Sec. line and 2,460 ft from the E. Sec. line of said Sec. 29. GPS coordinates in NAD 83: 13 S 237979, 4233968 (points were averaged, Garmin Map 76CS). Source: spring tributary to Horsefly Creek; Approp: 5/1/1967 by use of spring water and applying the water to beneficial use. Amt. 0.022 cfs (10 gpm), absolute, for stock watering, wildlife watering. Eldred Spring 7: SE1/4, SW1/4, NE1/4, Sec. 34, T46 N., R10 W., NMPM, 2,940 ft from the S. Sec. line and 1,580 ft from the E. Sec. line of said Sec. 34. GPS coordinates in NAD 83: 13 S 241430, 4231881 (points were averaged, Trimble GPS). Source: spring tributary to Horsefly Creek; Approp: 5/1/1967 by use of spring water and applying the water to beneficial use. Amt. 0.044 cfs (20 gpm), absolute, for stock watering, wildlife watering. Rumba Ditch: SW1/4, NW1/4, NW1/4, Sec. 28, T46 N., R10 W., NMPM, 4,370 ft from the S. Sec. line and 80 ft from the W. Sec. line of said Sec. 28. GPS coordinates in NAD 83 for the adjacent Hofmann Reservoir No. 29 (within 200 ft): 13 S 238753, 4234040 (points were averaged, Trimble GPS). Source: tributary to Horsefly Creek; Approp: 7/5/1977 by construction of ditch to divert and carry water in an underground 12-inch diameter pipe to the Eldred Ranch property for Irr., stock watering purposes. Amt. 3.0 cfs, absolute, for Irr., stock watering, and wildlife watering. Name and address of owner of land on which points of diversion and place of use is located: Pacific/Desert Partners, LLC, 1404 Hawk Parkway, Suite 314, Montrose, CO 81401 Remarks: Water diverted out of creek just below (to the S.E.) of Hofmann Reservoir No. 29. Diversions taken in a 16-inch diameter perforated steel pipe which reduces to a 12-inch diameter underground pipe; there is a vent tube approximately 20 ft down gradient of intake pipe. Underground pipe daylights at 2 locations on Eldred Ranches. Trail Spring: NW1/4, SE1/4, NE1/4, Sec. 34, T46 N., R11 W., NMPM, 3,860 ft from the S. Sec. line and 960 ft from the E. Sec. line of said Sec. 34. GPS coordinates in NAD 83: 12 S 757289, 4232082 (points were averaged, Garmin Map 76CS). Source: spring tributary to Horsefly Creek; Approp: 5/1/1967 by use of spring water and applied to beneficial use. Amt. 0.044 cfs (20 gpm), absolute, for stock watering and wildlife watering. Wapiti Dave Spring 1: NE1/4, SE1/4, NE1/4, Sec. 3, T45 N., R11 W., NMPM, 3,720 ft from the S. Sec. line and 460 ft from the E. Sec. line of said Sec. 3. GPS coordinates in NAD 83: 12 S 757511, 4230393 (points were averaged, Garmin Map 76CS). Source: spring tributary to Horsefly Creek; Approp: 5/1/1967 by use of spring and applying water to beneficial use; Amt. 0.033 cfs (15 gpm), absolute, for stock and wildlife watering. Wapiti Dave Spring 2: NE1/4, SE1/4, NE1/4, Sec. 3, T45 N., R11 W., NMPM, 3,500 ft from the S. Sec. line and 420 ft from the E. Sec. line of said Sec. 3. GPS coordinates in NAD 83: 12 S 757526, 4230330 (points were averaged, Garmin Map 76CS). Source: spring tributary to Horsefly Creek; Approp: 7/5/1977 by use of spring and applying the water to beneficial use. Amt. 0.044 cfs (20 gpm), absolute, for stock and wildlife watering. Change of Water Right for Hofmann Reservoir No. 16; Previous Decree: Date Entered: 7/10/1952; Case No: CA-5882 in Dist. Ct., Water Div. 4, State of Colorado. Decreed Point of Diversion: located in the SW1/4, Sec. 34, T46N, R11 W., NMPM (Reservoir is located in R10 W.) Source: tributary to Middle Horsefly Creek (NOTE: original decree states “supply from Middle Horsefly Creek”) Approp. 9/15/1943 Amt: 69.0 AF Decreed Use: Irr.,

61 stock water. Historic Use: Irr., stock and wildlife watering. Proposed Change: Applicant seeks to change the decreed location of Hofmann Reservoir No. 16 to conform to the actual physical location of the pond. The physical location of the pond has not changed, merely the location description. The revised location of the subject structure is as follows: The S.E. end of the reservoir at the inflow point for the Hofmann Reservoir Nos. 16/17 Ditch is described as the SW1/4, NW1/4, SW1/4, Sec. 34, T46 N., R10 W., NMPM, 1,630 ft from the S. Sec. line and 420 ft from the W. Sec. line of said Sec. 34. GPS location coordinates in NAD 83: 13 S 240425, 4231502 (points were averaged; Garmin Map 76CS). In the original decree, the location for Hofmann Reservoir is listed as stated above (R11 W.); this is not practical as there is no reasonable potential to supply water from middle Horsefly Creek to a reservoir site in Sec. 34, T. 46N., R. 11W. In addition, all the originally decreed locations for the Hofmann Reservoir Nos. 1-22 are located in the upper reach of the Horsefly Creek drainage (except for Hofmann Reservoir No. 16). Applicant wishes to add wildlife watering as an absolute use for Hofmann Reservoir No. 16. Applicant also wishes to clarify the Hofmann Reservoir Nos. 16/17 Ditch is part of the Hofmann Reservoir No. 16 Decree. This ditch is described in the applications in diligence Case Nos. W-107(78) and 82CW203 for Hofmann Reservoir No. 17 as follows: “A feeder ditch to fill this natural reservoir was completed by John Hofmann in 1960 and has been used annually since that time to store 53.5 AF of water” (in Hofmann Reservoir No. 17). The feeder ditch headgates on both the mainstem (middle fork) Horsefly Creek and on an upgradient tributary to the mainstem of Horsefly Creek. The locations of the 2 diversion points for the Hofmann Reservoir Nos. 16/17 Ditch are described as follows: NW1/4, NW1/4, SE1/4, Sec. 34, T46 N., R10 W., NMPM, 2,100 ft from the S. Sec. line and 2,120 ft from the E. Sec. line of said Sec. 34; GPS location coordinates in NAD 83: 13 S 241270, 4231625 (points were averaged; Garmin Map 76CS); and the SE1/4, SW1/4, NE1/4, Sec. 34, T46 N., R10 W., NMPM, 2,900 ft from the S. Sec. line and 1,890 ft from the E. Sec. line of said Sec. 34; GPS location coordinates in NAD 83: 13 S 241341, 4231875 (points were averaged; Garmin Map 76CS). This ditch has historically carried water to both Hofmann Reservoir Nos. 16 and 17 (Hofmann Reservoir No. 16 is located just upgradient of Hofmann Reservoir No. 17). The ditch course splits near the terminus of the ditch with the potential to carry water to either reservoir. The diversion amount associated with the Hofmann Reservoir Nos. 16/17 Ditch is 3.0 cfs. Change of Water Right for Hofmann Reservoir No. 17 is the decreed name of structure for which change is sought: Previous Decree: Dated: 7/10/1952; Case No: CA-5882; Dist. Ct., Div. 4, State of Colorado. Decreed Point of Diversion: located in the N.W. corner of the NE1/4, SE1/4, Sec. 33, T46 N., R10 W., NMPM Source: tributary to S. Middle Fork of Horsefly Creek Approp. Date: 9/1/1941 for 13.0 cfs; 1/2/1950 for 40.50 cfs; Amt. 53.50 AF total under 2 priorities; Decreed Use: Irr., stock water; Historic Use: Irr., stock and wildlife watering; Proposed Change: Applicant seeks to change the decreed location of Hofmann Reservoir No. 17 to conform to the actual physical location of the pond. The physical location of the pond has not changed, merely the location description. The revised location of the subject structure is as follows: The S. end of the reservoir described as the NW1/4, SE1/4, SE1/4, Sec. 33, T46 N., R10 W., NMPM, 1,150 ft from the S. Sec. line and 720 ft from the E. Sec. line of said Sec. 33. GPS location coordinates in NAD 83: 13 S 240064, 4231374 (points were averaged; Garmin Map 76CS). Applicant wishes to add wildlife watering as an absolute use for Hofmann Reservoir No. 17. Applicant also wishes to clarify the Hofmann Reservoir Nos. 16/17 Ditch is part of the Hofmann Reservoir No. 17 decree. This ditch is described in the applications in diligence Case Nos. W-107(78) and 82CW203 as follows: “A feeder ditch to fill this natural reservoir was completed by John Hofmann in 1960 and has been used annually since that

62 time to store 53.5 AF of water”. The feeder ditch headgates on both the mainstem (middle fork) Horsefly Creek and on an upgradient tributary to the mainstem of Horsefly Creek. The locations of the 2 diversion points for the Hofmann Reservoir Nos. 16/17 Ditch are described as follows: NW1/4, NW1/4, SE1/4, Sec. 34, T46 N., R10 W., NMPM, 2,100 ft from the S. Sec. line and 2,120 ft from the E. Sec. line of said Sec. 34; GPS location coordinates in NAD 83: 13 S 241270, 4231625 (points were averaged; Garmin Map 76CS); and the SE1/4, SW1/4, NE1/4, Sec. 34, T46 N., R10 W., NMPM, 2,900 ft from the S. Sec. line and 1,890 ft from the E. Sec. line of said Sec. 34; GPS location coordinates in NAD 83: 13 S 241341, 4231875 (points were averaged; Garmin Map 76CS). This ditch has historically carried water to both Hofmann Reservoir Nos. 16 and 17 (Hofmann Reservoir No. 16 is located just upgradient of Hofmann Reservoir No. 17). The ditch course splits near the terminus of the ditch with the potential to carry water to either reservoir. The diversion amount associated with the Hofmann Reservoir Nos. 16/17 Ditch is 3.0 cfs. Change of Water Right for Hofmann Reservoir No. 29 is the decreed name of structure for which change is sought. Previous Decree: Dated 7/10/1952; Case No: CA-5882; Dist. Ct., Div. 4, Decreed Point of Diversion: located in the NW1/4 of Sec. 28, T46 N., R10 W., NMPM Source: tributary to Middle Horsefly Creek Approp. Date: 7/1/1950; Amt. 0.85 AF; Decreed Use: Irr., stock water; Historic Use: Irr., stock and wildlife watering; Proposed Change: Applicant seeks to change the decreed location of Hofmann Reservoir No. 29 to conform to the actual physical location of the pond. The physical location of the pond has not changed, merely the location description. The revised location of the subject structure is as follows: SW1/4, NW1/4, NW1/4, Sec. 28, T46N., R10 W., NMPM, 4,470 ft from the S. Sec. line and 80 ft from the W. Sec. line of said Sec. 28. GPS location coordinates in NAD 83: 13S238753, 4234040 (points were averaged; Trimble GPS). In addition, Applicant wishes to add wildlife watering as an absolute use for Hofmann Reservoir No. 29. Name and Address of Owner(s) of Land on Which Structure(s) is Located: Pacific/Desert Partners, LLC, 1404 Hawk Parkway, Suite 314, Montrose, CO 81401. Name and Address of Owner of Land upon which Ponds are Located, upon which Water is Stored, and upon which Water will be placed to Beneficial Use: Unless otherwise indicated above, Applicant owns the land upon which the structures are located and/or the water will be stored. All water will be placed to beneficial use upon Applicant’s land. (46 pages) MONTROSE COUNTY.

72. Case No. 05CW273. Applicant: Mark and Elaine Queen, 32179 L Road, Hotchkiss, CO 81419. Application for Surface Water Rights: Queen Spring – Section 11, Township 12 S, Range 91 W, 6th PM, 1000 feet from the south and 700 feet from the east section line, source – Pilot Creek and North Fork of the Gunnison, appropriation date 1999, amount claimed .08 cfs conditional for stock water. DELTA COUNTY.

73. Case No. 05CW274. Applicant: Andrew Luce Pipher, 1437 Clear Fork Road, Crawford, CO 81415. Application for Surface Water Rights: Meek Wastewater – point 1: SW ¼ of the SW ¼ of Section 4, T 49 N, R 6 W, 120 feet from south and 1320 feet from west; point 2: SW ¼ of the SW ¼ of Section 4, T 49 N, R 6 W, 1000 feet from south and 1320 feet from west; point 3: NW ¼ of the SW ¼ of Section 4, T 49 N, R 6 W, 1600 feet from south and 1320 feet from west. All in NMPM. Source: Crystal Creek, Gunnison River. Appropriation Date: 1916. Amount Claimed: 3.0 cfs absolute for continued irrigation of existing hay fields. MONTROSE COUNTY.

74. Case No. 05CW275. Applicant: Andrew Luce Pipher, 1437 Clear Fork Road, Crawford, CO 81415. Application for Surface Water Rights: Little Kid Spring – SW ¼ of the SW ¼ of Section 4, T 49 N, R 6 W, NMPM, 500 feet from the south and 700

63 feet from the west section line. Source: Crystal Creek, Gunnison River. Appropriation Date: 1916. Amount Claimed: .5 cfs absolute for domestic, irrigation, livestock, and wildlife watering. MONTROSE COUNTY.

AMENDED/CORRECTED

75. Case No. 03CW271. San Miguel County - Enterprise Ditch and/or Chatauqua Ditch, which derive from springs tributary to Skyline Creek, tributary to Turkey Creek, tributary to the South Fork of San Miguel River. Second Amended Application for Surface and Storage Water Rights and Plan for Augmentation. Edward and Florence Pauls c/o Scott Balcomb and Anne Marie McPhee, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Applicant hereby withdraws Paragraphs 72 through 81 of the Amended Application which claimed a storage right at Trout Lake Reservoir for the Trout Lake Reservoir, Butts Enlargement. Applicant hereby amends Paragraphs 84 and 85 of the Amended Application to replace Trout Lake Reservoir, Butts Enlargement and Lake Hope Reservoir as augmentation sources to offset out-of-priority depletions attributable to evaporation from the Butts House Pond, Butts Upper Pond, Butts Horse Pond and the associated channels with releases from Cushman Lake. The ponds and channels are located in the NE 1/4 NE 1/4 and NW 1/4 NE 1/4 of Sec. 19, T. 42 N., R. 9 W., N.M.P.M. in San Miguel County. The ponds and channels divert from an unnamed tributary to the South Fork of the San Miguel County. Previous decrees for water right to be used for augmentation: Cushman Lake (or Chatauqua Lake), described in paragraphs 86 through 93, below. Statement of Plan for Augmentation. Applicants anticipate out-of-priority depletions of 0.64 acre feet. per year from the Butts House Pond, Butts Upper Pond, Butts Horse Pond and associated connecting channels during the irrigation season. There are no intervening water rights between Applicants’ points of diversions and the South Fork of the San Miguel River. Applicants own water rights in Cushman Lake, which is located on Applicants’ property. More than enough augmentation water is available in Cushman Lake for replacement of depletions associated with the subject ponds and connecting channels. Applicants will release water from Cushman Lake to the South Fork of the San Miguel River according to the schedule of depletions attached as Table 1 on file with the court. If releases occur according to this augmentation plan, no injury will result to other vested water rights. Applicants hereby add paragraphs 86 through 93 to the Application to change the Cushman Lake (or Chatauqua Lake) to include augmentation as a use. (86.) Decreed name of structure for which change is sought: Cushman Lake or Chatauqua Lake. (87.) Information from previous Decree: Date Entered: 06/29/1972, Case Nos. W-248, W-249 and W-285 (Consolidated), Dist. Ct., Water Div. 4. (88.) Decreed point of diversion: The inlet point for Cushman Lake is located in the SW 1/4 SW 1/4 of Sec. 17, T. 42 N., R. 9 W. at a point from whence the NW Corner of Sec. 18, T. 42 N., R. 9 W. N.M.P.M., bears N. 55 degrees 25'31" W. 7,688.29 ft. A map showing the location of Cushman Lake is attached as Exhibit A on file with the court. (89.) Source: Enterprise Ditch and/or Chatauqua Ditch, which derive from springs tributary to Skyline Creek, tributary to Turkey Creek, tributary to the South Fork of San Miguel River. (90.) Appropriation Date: 1902. (91.) Amt.: 88.50 acre feet, absolute. Amt. to be changed: 1.0 acre feet, absolute. (92.) Historic use: Irrigation, domestic, fish culture, fire fighting, commercial and aesthetic. (93.) Proposed change: Applicant seeks to change 1.0 acre feet. of the Cushman Lake water right to add augmentation as a decreed use. The changed 1.0 acre feet. will then be available for release to offset out-of-priority diversions for the Butts House Pond, Butts Upper Pond, Butts Horse Pond and associated channels described in paragraphs 16 through 43 and 58 through 71 of the original Application, pursuant to

64 the plan for augmentation described in paragraphs 82 through 85 of the Amended Application. Except as amended herein, the original Application filed 12/26/2003 and Amended Application filed 08/31/2004 remain unchanged. (4 pages + exhibits). SAN MIGUEL COUNTY.

76. Case No. 05CW109. Applicant: Crawford Water Conservancy District, 183 HWY 92, Crawford, CO 81415. Amended Application for the Crawford Water Conservancy Exchange Water which only changes the location of the downstream terminus of the exchange system located at: SE ¼ of the SW ¼ of Section 31, Township 15 S, Range 91 W, NMPM, 1200 feet from the south and 2650 feet from the east section lines. Source: Smith Fork Creek. Appropriation Date: 5/18/63. Amount Claimed: 1552.5 cfs absolute for irrigation. DELTA COUNTY.

You are further notified that you have until the last day of February 2006, 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 only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. Filing fee - $70.00 (Statement of Opposition form may be obtained from the Water Clerk’s Office). On and after January 1, 2006, the Water Resume will no longer be mailed and will, except as provided in subparagraph (e) of this subparagraph (i), be available only on the internet, and that if a person wishes to receive an electronic mail notification of the availability of the water resume, such person shall submit his or her name and electronic mail address to the Water Clerk. The Water Clerk shall maintain an electronic mailing list of such names and addresses submitted.

______January, 2006 Monica Wolf, Water Clerk Division No. 4 1200 North Grand Avenue, Bin A Montrose, CO 81401 [email protected]

65

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308, C.R.S. (2005) directs the State Engineer to establish notification list for each water division to notify interested parties of requests for approval of: substitute water supply plans (§37-92-308), loans for an instream flow (§37-83-105), and interruptible water supply agreements (§37-92-309).

To receive this information for calendar year 2006, specify whether you prefer to receive the information by first-class mail or electronic mail and send your name, mailing address, e-mail address, daytime telephone number, and water division(s) to: Substitute Water Supply Plan Notification List, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203 or e-mail to: [email protected].

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

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

66 SUPREME COURT OF COLORRADO

OFFICE OF THE CHIEF JUSTICE

ORDER

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

Pursuant to Section 37-92-203(2), C.R.S. (2005), the following judges are designated or redesignated as water judges for the water divisions of the state for 2006:

Division 1 Roger A. Klein Gilbert Gutierrez*

Division 2 C. Dennis Maes Kirk S. Samelson *

Division 3 O. John Kuenhold Pattie P. Swift *

Division 4 J. Steven Patrick Charles R. Greenacre *

Division 5 Thomas P. Craven Daniel B. Petre*

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

Division 7 Gregory G. Lyman David L. Dickinson*

Dated this 19th day of December, 2005

/s/ Mary J. Mullarkey Chief Justice

* Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation.

67 SUPREME COURT OF COLORADO

OFFICE OF THE CHIEF JUSTICE

ORDER

CONCERNING THE APPOINTMENT OF DESIGNATED GROUND WATER JUDGES

Pursuant to the provisions of Section 37-90-115(1)(b)(V), C.R.S. (2005), the following district judges are appointed as designated ground water judges for the named designated ground water basins for 2006:

Judicial Designated Ground Water Basin Judge District

Northern High Plains Steven E. Shinn 13th Camp Creek

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

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

Southern High Plains Stanley A. Brinkley 15th

Upper Crow Creek Roger A. Klein 19th

Dated this 19th day of December, 2005

/s/ Mary J. Mullarkey Chief Justice

68