PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2003. SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308, C.R.S. (2003) directs the State Engineer to establish a 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 (HB03-1320,§37-83- 105),and interruptible water supply agreements (HB03-1334, §37-92-309).To receive this information for 2004, 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: dwr- [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. 1. 03CW257 Grand County, Clines Slough to Fraser River, Water District 5. Hidden River Ranch HOA, Inc., PO Box 281, Tabernash, CO 80478, (970) 726 5780, c/o Ben McClelland, Attorney for Applicant, PO Box 167, Hot Sulphur Springs, CO 80451, (970) 725 3302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure: Pond #1, Pond #2, Pond #3 Pond #4 & Pond #5r. Sources of the augmentation water: Windy Gap Project Water in Granby Reservoir: The depletion caused by evaporation from the ponds is augmented with Windy Gap water from the Middle Park Water Conservancy District, which is a part of the 3,000 acre-feet of water which the Northern Colorado Water Conservancy District has agreed to provide annually to the Middle Park Water Conservancy District pursuant to the Windy Gap Agreement dated April 30, 1980 and the supplement thereto. The Windy Gap Water available to applicants is the water rights for the Windy Gap Project in accordance with the decrees entered in Cases Nos. 1768, W 4001, 80CW108 and 84CW135, District Court, Water Division No.5. Wolford Mountain Reservoir: As an alternate source of supply, applicants may use a portion of the storage right adjudicated in Case No. 87CW283, decreed entered November 20, 1989, District Court, Water Division No. 5. Middle Park Water Conservancy has an interest in 3,000 acre-feet of this Wolford Mountain water by virtue of an agreement between the Colorado River Conservation District, the Board of County Commissioners of Grand County, and the Middle Park Water Conservancy District, dated December 17, 1992. Water Sources to Ponds: 5 pond intercept groundwater otherwise reaches Clines Slough, tributary to Fraser River. Location: Pond No.1, Centered in the SW1/4NE1/4, Lot 9, Section 1, Township 1 South, Range 76 West, 6th P.M., Grand County, Colorado, at a point 3373 feet south of the north Line and 1350 feet west of the east line of said Section 1., Pond No.2, Centered in the SE1/4NE1/4, Lot 9, Section 1, Township 1 South, Range 76 West, 6th P.M., Grand County, Colorado, at a point 3763 feet south of the north Line and 1020 feet west of the east line of said Section 1. Pond No.3, Centered in the NW1/4SE1/4, Lot 9, Section 1, Township 1 South, Range 76 West, 6th P.M., Grand County, Colorado, at a point 3943 feet south of the north Line and 1725 feet west of the east line of said Section 1. Pond No.4, Centered in the NE1/4SE1/4, Lot 9, Section 1, Township 1 South, Range 76 West, 6th P.M., Grand County, Colorado, at a point 2475 feet north of the south Line and 1200 feet west of the east line of said Section 1. Pond No.5, Centered in the NE1/4SE1/4, Lot 9, Section 1, Township 1 South, Range 76 West, 6th P.M., Grand County, Colorado, at a point 1650 feet north of the south Line and 1050 feet west of the east line of said Section 1. Type of Structure: Ponds. Amount: 0.03 cfs in the maximum rate of exchange, 5.0 acre-feet of replacement, augmented water. Appropriation Date: October 23, 1996. Date of Original Decree: October 15, 1997. Case No.: 96CW310, Water Division No. 5. Use: Aesthetics and piscatorial Additional Information: Prior Applicant made application, paid fees and was granted 5 well permits numbered 49275-F, 49276-F, 49277-F, 49278-F and 49279-F on December 1, 1997. On or about November 6, 1998, application was made for extension of 3 of the above permits. All 5 ponds have been constructed. 3 of the ponds have filed Statement of Beneficial Use for well permits 49276-F, 49277-F and 49279-F. Applicants have a contract with Middle Park Water Conservancy District for the Augment water. Costs to construct ponds was a total of $3,000.00, filing fees for well permits, $300.00. All necessary diversion structures have been built or installed. The only step left to be taken in completing the augmentation and fully completing the conditional water right is obtaining Statements of Beneficial Use for Well Permits 49275-F and 49278-F. (4 pages) 2. 03CW258 MESA COUNTY-UNNAMED TRIBUTARY OF SALT CREEK. Mack Mesa, LLC, P O Box 2404, Grand Junction, CO 81502, 970-263-0900; c/o Anthony W. Williams, Williams, Turner & Holmes, P.C., P O Box 338, Grand Junction, Colorado 81502, (970) 242-6262. Salt Creek Reservoir - Application for Water Storage Right; Location: The North end of the dam is located 160 feet South and 310 feet West of the NE corner of the SE1/4 SE1/4, Section 28, Township 9 South, Range 103 West, 6th P.M. The dam is on channel; Appropriation: October 1, 2003; Amount: 3.0 acre feet absolute; Use: Preservation of wildlife and piscatorial purposes; Dam: Surface area of high water line: 1/2 acre; Maximum height - 8 feet; Length - 285 feet; total capacity - 3.0 acre feet. Name and address of owner: The reservoir is located on Applicant’s property. (2 pages) 3. 03CW259 (96CW218) GARFIELD COUNTY-BASALT FORMATION TRIBUTARY TO CATTLE CREEK, TRIBUTARY TO THE ROARING FORK RIVER. Anthony M. Baran & Darlene Raymond-Baran; 746 County Rd. 170; Carbondale, CO 81623 970-963-2903; Baran Well a/k/a Deer Hill Well No. 1-Application to Make Absolute. Location: NW¼NW¼ of Sec. 17, T. 7S., R.87W. of the 6th P.M. 770 ft. from the north sec. line and 1,070 ft. from the west sec. line. Appropriation: Nov. 25, 1983. Amount: 15 gpm(0.033 cfs), absolute. Use: irrigation and domestic use within one single-family house. An outline of work completed during the diligence period is included in the application. (7 pages) 4. 03CW260 Routt County, Sunnyside Creek, Mike Luark, c/o Sherry A. Caloia, Caloia Houpt & Hamilton, PC, 1204 Grand Ave, Glenwood Springs. Structure: Sheep Corral Pond Enlargement. Location: S 5 degrees E, 3430 ft from the NW Corner of Sec 9 DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 2

T1S R85W 6th PM Source: Springs Seeps and runoff trib. to Sunnyside Creek trib. to the Colo. River. Approp.: 11/1/2001 by field inspection, preliminary design of an enlarged pond, development of fishing opportunities for property and formulation of intent to divert and apply water to beneficial use. Amount: 20 a.f. conditional with right to refill and to continuously fill. Use: piscatorial, aesthetic, recreational, and stockwater uses. If off-channel reservoirs, filled by: Springs and runoff tributary to Sunnyside Creek at the rate of 1 c.f.s. Remarks: The Sheep Corral Pond was originally adjudicated in Case No. 92CW218 for 1.7 a.f., absolute. The enlargement of the Sheep Corral pond will be in areas that have been historically inundated with water naturally. The Pond and its enlargement will not result in the increase in evaporation from the surface area over that which has occurred naturally. (3 pages) 5. 03CW261 Garfield County, Jack Creek, Deep Creek, and Colorado River. Applicant: WR Jacobson, Caloia, Houpt & Hamilton, PC, 1204 Grand Ave, Glenwood Springs. Applicant requests a finding of reasonable diligence and to make absolute with respect to the following conditional water rights: Structure: Ada Springs. Original decree: 12/19/1997, 96CW103. Decreed point of diversion: NW ¼ SE ¼, Sec 9, T 4 S, R 87 W, 6th PM, at a point 2,500 ft from the S line and 1,150 ft from the E line of said Sec 9. Source: Springs trib to Jack Creek, trib to Deep Creek, trib to Colo River. Approp date for conditional domestic, irrigation, and commercial uses: 1990. Amount: 0.50 cfs for irrigation purposes; 25 gpm for domestic, stockwater, and commercial purposes. Decreed uses: Irrigation, domestic, stockwater, and commercial purposes. Remarks: In 96CW103, water rights in the Ada Springs were decreed absolute in the amount of 25 gpm for domestic and stockwater uses with an approp date of 1890. The remaining amounts were decreed as conditional water rights with an approp date of 1990. The Application includes outline of the work performed during the diligence period and the description of the application of a portion of the conditional water rights to beneficial use. (4 pgs) 6. 03CW262 MESA COUNTY, COLORADO RIVER. Jack Fry, 2175 K-1/2 Rd, Grand Junction, CO 81505 and Frank Fry, 1164 21 Rd, Grand Junction, CO 81505; c/o Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Application for Finding of Reasonable Diligence and to Make Absolute Certain Conditional Water Rights. Fry Diversion No. 2 Original Decree: June 10, 1991; Case No.: 90 CW 256; Dist. Ct., Div. 5; Location: a point 500 feet E. of the W. line and 70 feet S. of the N. line of Sec. 12, T.1 N., R.2 W., Ute P.M.; Source: Adobe Creek, tributary to the Colorado River; Appropriation: Nov. 30, 1990; Amount and uses: 2.0 c.f.s. for supplemental irrigation of 70 acres and livestock watering. In Case No. 97CW142, this right was made absolute in the amount of 0.75 c.f.s. for irrigation purposes; the remainder is conditional. Fry Diversion No. 3: Original Decree: June 10, 1991; Case No.: 90 CW 256; Dist. Ct., Div. 5; Location: a point 450 feet W. of the E. line and 3500 feet S. of the N. line of Sec.12, T.1 N., R.2 W., Ute P.M.; Source: Hunter Wash, tributary to the Colorado River; Appropriation: Nov. 30, 1990; Amount and uses: 0.2 c.f.s. conditional for livestock watering. Fry Diversion No. 4: Original Decree: June 10, 1991, Case No.: 90 CW 256, Dist. Ct., Div. 5; Location: a point 260 feet W. of the E.line and 1750 feet S. of the N. line of Sec.11, T.1 N., R.2 W., Ute P.M.; Source: Adobe Creek, tributary to the Colorado River; Appropriation: Nov. 30, 1990; Amount and uses: 2.0 c.f.s. conditional for supplemental irrigation of 83 acres and livestock watering. Fry Diversion No. 5: Original Decree: June 10, 1991; Case No.: 90 CW 256; Dist. Ct., Div. 5; Location: a point 2300 feet E. of the W. line and 150 feet S. of the N. line of Sec. 11, T.1 N., R.2 W., Ute P.M.; Source: Wastewater, seepage and natural runoff flowing in the Groves Drain Ditch, tributary to Adobe Creek, tributary to the Colorado River; Appropriation: Nov. 30, 1990; Amount and uses: 2.0 c.f.s. for supplemental irrigation of 72 acres and livestock watering. In Case No. 97CW142, this right was made absolute in the amount of 0.75 c.f.s. for irrigation and livestock watering purposes; the remainder is conditional. Each of the water rights described above are features of a single integrated water system called the Fry Water System. See application for a detailed outline of work that has been done toward or for completion of the appropriation of the water rights. Claim to make absolute: In 2001, Applicants diverted 0.75 c.f.s. under Fry Diversion No. 4 at its decreed point of diversion and applied such water to lands owned by Applicants in Section 11, T.1 N, R.2 W., Ute P.M., for supplemental irrigation purposes. Name and address of owners of land: The points of diversion and places of use of the subject water rights are located on land owned by the Applicants. Applicants request that Fry Diversion No. 4 be made absolute in the amount of 0.75 c.f.s. for irrigation purposes, and that the remaining Fry Water System water rights be continued as conditional decrees. (6 pages) 7. 03CW263(97CW118) EAGLE COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of applicant: Eagle River Water and Sanitation District (the “District”), c/o Dennis Gelvin, General Manager, 846 Forest Road, Vail, CO 81657, (970) 595-0138; c/o Glenn E. Porzak, Jason R. Dunn, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 2. Name of structure: Gore Valley Water Authority Committee Water System. 3. Description of conditional water rights: A. Date of original decree: Ruling by the Water Referee on April 30, 1979, in Case No. W-3665, in the District Court in and for Water Division No. 5 (the “Water Court”); approved and made a decree of the Water Court on July 18, 1979. During the intervening years, at timely intervals as required by statute, the District has proven, and the Water Court has found, the exercise of reasonable diligence with respect to this conditional water right. B. Locations: The three remaining points of diversion which may be used as alternate points of diversion for the Gore Valley Water Authority Committee Water System are as follows: 1. Diversion Point A is located on Red Sandstone Creek in Section 1, T.5S., R.81W., of the 6th P.M. at a point whence the Southeast corner of said section 1 bears South 07º44' East, 1,370.1 feet. 2. Diversion Point B is located on Black Gore Creek at a point whence the West Quarter corner of Section 18, T.5S., R.79W., of the 6th P.M. bears S. 61º27' W. 1,264 feet. 3. Diversion Point C is located on Bighorn Creek at a point whence the Northwest corner of Section 12, T.5S., R.80W., of DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 3 the 6th P.M. bears N. 61º04' W. 2,737.66 feet. C. Source: The source of the water is Red Sandstone Creek, Black Gore Creek, and Bighorn Creek, all tributary to Gore Creek, a tributary of the Eagle River. D. Appropriation date: October 15, 1977. E. Amount:12.0 cfs, conditional. F. Uses: Municipal purposes including, domestic, irrigation, and recreation. 4. Detailed outline of work done to complete project and apply water to beneficial use: The District has an integrated municipal water system of which the Gore Valley Water Authority Committee System is an important component. Work done on any component of the system advances the whole. During the past six years, expenditures of over $10 million have been incurred in capital improvements to upgrade and expand the District’s water supply facilities, and to develop and acquire water rights that will assist in providing a dependable legal and physical supply of water for the District’s service area. All such expenditures are necessary steps in the development of the District’s integrated water system. The expenditures included the following work: A. Land purchase and feasibility studies for the construction of a new water treatment and microfiltration plant. The land was purchased at a cost of $1,100,000 and $325,834 has been spent to date on feasibility studies. B. The construction and/or rehabilitation of storage tanks as part of the District’s treated water supply system. The East Vail Meadow tank alone cost over $1.3 million to construct. C. The construction and rehabilitation of water lines, pump stations, check valves and similar infrastructure necessary for water deliveries to the District’s service area. D. Rehabilitation of the Gore Valley water treatment plant diversion structure at a cost of $259,379. E. A complete rehabilitation of the Gore Valley water treatment facility to a microfiltration plant at a cost of $1,797,970. F. Improvements to wells that provide a portion of the District’s municipal water supply were completed at a cost of $630,072. G. The acquisition of Eagle Park Reservoir was completed at a cost of over $2,100,000 to the District. H. The adjudication of a plan for augmentation for the use of the District’s Eagle Park Reservoir water. This augmentation plan was decreed by the Water Court in Case No. 98CW204. I. The development of the Eagle River Memorandum of Understanding (the “MOU”) among the Cities of Aurora and Colorado Springs, the Colorado River Water Conservation District, Cyprus Climax Metals Company, and the Vail Consortium (the District, Upper Eagle Regional Water Authority and Vail Associates, Inc.). The MOU and certain accompanying agreements grant the District 125 acre-feet of water from Homestake Reservoir. J. The adjudication of a plan for augmentation for the use of the District’s Homestake Reservoir water. This augmentation plan was decreed by the Water Court in Case No. 98CW270. K. The development of an enlargement or enhanced yield of Eagle Park Reservoir in accordance with the MOU. Over $100,000 has been spent by the District in this effort. L. Feasibility study of a potential expansion of Black Lake; including the hiring of engineers, hydrologists and attorneys. These consultants prepared detailed engineering and legal reports, produced engineering designs for the proposed dam, and worked on obtaining the necessary federal, state and local permits, all at significant cost to the District. In addition, significant District staff time has been dedicated to this project. M. On-going maintenance and rehabilitation of Black Lakes, including weekly staff site visits, installation of monitoring and other equipment, and coordination of the sand removal project. N. The District has expended considerable funds protecting the subject water right and its other water rights by opposing applications filed by other water uses. All of the above activities are necessary prerequisites to augmenting and/or applying the subject conditional water right to the beneficial uses for which it was decreed. WHEREFORE, the District requests a finding that 12.0 cfs of the Gore Valley Water Authority Committee System water right has been diligently maintained and that said conditional water right be continued in full force and effect. (6 pages) 8. 03CW264 GARFIELD COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Canyon Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at the confluence of Johnson Creek at latitude 39° 42’ 28” N and longitude 107° 23’ 11” W as the upstream terminus and extending to the headgate of Baxter Ditch #1 at latitude 39° 37’ 49” N and longitude 107° 26’ 50” W as the downstream terminus, being a distance of approximately 7.5 miles. This segment can be located on Adams Lake U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NE NW SEC 16 TWN 4S RNG 89W 6PM, 1720’ East of West Section Line & 640’ South of North Section Line, UTM 43 97 837N 13 2 95 416E, Lower Terminus = SW NW SEC 12 TWN 5S RNG 90W 6PM, 1270’ East of West Section Line & 2470’ South of North Section Line, UTM 43 89 390N 13 2 89 962E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 13.5 cfs (April 15 – May 14); 24.1 cfs (May 15 – July 14); 13.5 cfs (July 15 – August 14); and 9.4 cfs (August 15– April 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. (2002). 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 20, 2003, 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. ( 3 pages) DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 4

9. 03CW265 EAGLE COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board, Address of applicant:1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Salt Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at the confluence of Kelly Creek at latitude 39° 35’ 07”N and longitude 106° 41’ 37”W as the upstream terminus and extending to the headgate of Hashberger Ditch at latitude 39° 35’ 06”N and longitude 106° 42’ 02”W as the downstream terminus, being a distance of approximately .4 miles. This segment can be located on the Fulford U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NW SE SEC 28 TWN 5S RNG 83W 6PM, 2120’ West of East Section Line & 1660’ North of South Section Line, UTM 43 82 879N 13 3 54 554E, Lower Terminus = NW SW SEC 28 TWN 5S RNG 83W 6PM, 1150’ East of West Section Line & 1600’ North of South Section Line, UTM 43 82 869N 13 3 53 958E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 0.75 cfs (January 1 – December 31). 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. (2002). 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 20, 2003, 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. (3 pages) 10. 03CW266 GARFIELD COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant:Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Bitter Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters of Bitter Creek at latitude 39° 34’ 45” N and longitude 108° 59’ 43” W as the upstream terminus and extending to the Colorado-Utah Stateline at latitude 39° 30’ 59” N and longitude 109° 03’ 03” W as the downstream terminus, being a distance of approximately 5.8 miles. This segment can be located on the Baxter Pass and Rat Hole Ridge U.S.G.S. quadrangles. a. For administrative purposes only: Upper Terminus = NW SE SEC 31 TWN 5S RNG 103W 6PM, 1360 West of East Section Line & 2025’ North of South Section Line, UTM 43 82 784N 12 6 72 119E, Lower Terminus = NW NW SEC 25 TWN 6S RNG 105W 6PM, 0’ East of West Section Line & 655’ South of North Section Line, UTM 43 75 702N 12 6 67 560E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 1.8 cfs (June 1 – June 30) and .4 cfs (July 1 – May 31). 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. (2002). 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 20, 2003, 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. (3 pages) 11. 03CW267 EAGLE COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Cottonwood Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at the confluence of Slaughter Spring Gulch at latitude 39° 32’ 11” N and longitude 107° 02’ 15” W as the upstream terminus and extending to the headgate of Anderson Ditch at latitude 39° 34’ 02” N and longitude 107° 02’ 09” W as the downstream terminus, being a distance of approximately 2.2 miles. This segment can be located on the Cottonwood Pass U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NW NW SEC 15 TWN 6S RNG 86W 6PM, 660’ East of West Section Line & 920’ South of North Section Line, UTM 43 78 076N 13 3 24 897E, Lower Terminus = SE SE SEC 33 TWN 5S RNG 86W 6PM, 1340’ West of East Section Line & 880’ North of South Section Line, UTM 43 81 495N 13 3 25 118E. 4.a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 1.7 cfs (May 1 – October 31) and 1.3 cfs (November 1– April 30). 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. (2002). 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 20, 2003, 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. (3 pages) DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 5

12. 03CW268 EAGLE COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Horse Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at Horse Lake at latitude 39° 49’ 51”N and longitude 107° 05’ 56”W as the upstream terminus and extending to the headgate of Horse Creek Ditch at latitude 39° 45’ 43”N and longitude 107° 01’ 45” W as the downstream terminus, being a distance of approximately 6.8 miles. This segment can be located on the Sugarloaf Mountain U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NW NW SEC 6 TWN 3S RNG 86W 6PM, 0’ East of West Section Line & 190’ South of North Section Line, UTM 44 10 869N 13 3 20 376E, Lower Terminus = NW SW SEC 27 TWN 3S RNG 86W 6PM, 600’ East of West Section Line & 2620’ North of South Section Line, UTM 44 03 095N 13 3 26 179E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 0.95 cfs (April 1 – August 31) and 0.5 cfs (September 1– March 31). 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. (2002). 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 20, 2003, 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. (3 pages) 13. 03CW269 ROUTT COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board, Address of applicant:1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Red Dirt Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at State Highway 131 at latitude 39° 58’ 03”N and longitude 106° 45’ 42”W as the upstream terminus and extending to the confluence of Rock Creek at latitude 39° 57’ 03”N and longitude 106° 43’ 40”W as the downstream terminus, being a distance of approximately 2.3 miles. This segment can be located on the Blue Hill and McCoy U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NW SW SEC 13 TWN 1S RNG 84W 6PM, 225’ East of West Section Line & 1600’ North of South Section Line, UTM 44 25 428N 13 3 49 548E, Lower Terminus = SW SE SEC 19 TWN 1S RNG 83W 6PM, 1360’ West of East Section Line & 480’ North of South Section Line, UTM 44 23 509N 13 3 52 395E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 1.25 cfs (June 15 – August 14) and 1.75 cfs (August 15– June 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. (2002). 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 20, 2003, 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. (3 pages) 14. 03CW270 GARFIELD COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: East Canyon Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at the headwaters at latitude 39° 41’ 10” N and longitude 107° 20’ 55” W as the upstream terminus and extending to the confluence of Keyser Creek at latitude 39° 38’ 11” N and longitude 107° 24’ 21” W as the downstream terminus, being a distance of approximately 6.0 miles. This segment can be located on Adams Lake and Carbonate U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NE SW SEC 23 TWN 4S RNG 89W 6PM, 1670’ East of West Section Line & 2035’ North of South Section Line, UTM 43 95 346N 13 2 98 592E, Lower Terminus = NW NW SEC 8 TWN 5S RNG 89W 6PM, 1250’ East of West Section Line & 450’ South of North Section Line, UTM 43 89 960N 13 2 93 547E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 4.2 cfs (May 1 – August 14) and 1.8 cfs (August 15– April 30). 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. (2002). 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 20, 2003, 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. (3 pages). DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 6

15. 03CW271 GARFIELD COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant:Colorado Water Conservation Board. Address of applicant:1313 Sherman Street, Suite 721, Denver, Colorado 80203. (303) 866-3441. 2. Name of natural stream: East Canyon Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at the confluence of Keyser Creek at latitude 39° 38’ 11” N and longitude 107° 24’ 21” W as the upstream terminus and extending to the head gate of Keyser Creek Ditch at latitude 39° 37’ 16” N and longitude 107° 25’ 05” W as the downstream terminus, being a distance of approximately 1.3 miles. This segment can be located on Adams Lake and Storm King Mountain U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NW NW SEC 8 TWN 5S RNG 89W 6PM, 1250’ East of West Section Line & 450’ South of North Section Line, UTM 43 89 960N 13 2 93 547E, Lower Terminus = NW NE SEC 18 TWN 5S RNG 89W 6PM, 2200’ West of East Section Line & 870’ South of North Section Line, UTM 43 88 295N 13 2 92 447E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 12 cfs (May 1 – July 31) and 3.1 cfs (August 1– April 30). 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. (2002). 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 20, 2003, 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. (3 pages) 16. 03CW272 EAGLE COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Spring Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at the headwater springs at latitude 39° 35’ 49”N and longitude 106° 53’ 51”W as the upstream terminus and extending to the headgate of Best Ditch at latitude 39° 36’ 23”N and longitude 106° 54’ 40”W as the downstream terminus, being a distance of approximately 1.0 miles. This segment can be located on the Suicide Mountain U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = SW SW SEC 23 TWN 5S RNG 85W 6PM, 770’ East of West Section Line & 640’ North of South Section Line, UTM 43 84 534N 13 3 37 071E, Lower Terminus = NW NW SEC 22 TWN 5S RNG 85W 6PM, 2180’ East of West Section Line & 1200’ South of North Section Line, UTM 43 85 607N 13 3 35 925E. 4.a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 0.35 cfs (January 1 – December 31). 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. (2002). 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 20, 2003, 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. (3 pages) 17. 03CW273 PITKIN COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE1. Name of applicant: Colorado Water Conservation Board, Address of applicant:1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Thomas Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the outlet of St. John Reservoir at latitude 39° 19’ 00”N and longitude 107° 09’ 46”W as the upstream terminus and extending to the headgate of the Lewis Ditch at latitude 39° 20’ 05”N and longitude 107° 11’ 03”W as the downstream terminus, being a distance of approximately 1.8 miles. This segment can be located on the Mount Sopris U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = SE NE SEC 36 TWN 8S RNG 88W 6PM, 590’ West of East Section Line & 2580’ South of North Section Line, UTM 43 53 935N 13 3 13 561E, Lower Terminus = NW NE SEC 26 TWN 8S RNG 88W 6PM, 1360’ West of East Section Line & 1130’ South of North Section Line, UTM 43 55 988N 13 3 11 749E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 1.5 cfs (May 1 – July 31) and 0.5 cfs (August 1 – April 30). 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. (2002). 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 20, 2003, 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. (3 pages) DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 7

18. 03CW274 GARFIELD COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Butler Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at the confluence of George Creek at latitude 39° 43’ 16” N and longitude 107° 44’ 42” W as the upstream terminus and extending to the BLM Boundary at latitude 39° 41’ 51” N and longitude 107° 46’ 06” W as the downstream terminus, being a distance of approximately 2.2 miles. This segment can be located on the Horse Mountain and the Riffle Falls U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NW NW SEC 8 TWN 4S RNG 92W 6PM, 1260’ East of West Section Line & 1000’ South of North Section Line, UTM 44 00 197N 13 2 64 714E, Lower Terminus = SW SW SEC 18 TWN 4S RNG 92W 6PM, 525’ East of West Section Line & 870’ North of South Section Line, UTM 43 97 638N 13 2 62 633E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 2.4 cfs (May 1 – October 31) and 1.1 cfs (November 1 – April 30). 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. (2002). 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 20, 2003, 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. (3 pages) 19. 03CW275 PITKIN COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Thompson Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at the confluence of the North & South Thompson Creeks at latitude 39° 18’ 49”N and longitude 107° 15’ 33”W as the upstream terminus and extending to the headgate of the Northside Thompson Ditch at latitude 39° 19’ 56”N and longitude 107° 13’ 08”W as the downstream terminus, being a distance of approximately 2.8 miles. This segment can be located on the Stony Ridge and Mount Sopris U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NW SE SEC 31 TWN 8S RNG 88W 6PM, 1535’ West of East Section Line & 1820’ North of South Section Line, UTM 43 53 789N 13 3 05 229E, Lower Terminus = NE SW SEC 28 TWN 8S RNG 88W 6PM, 600’ West of East Section Line & 2110’ South of North Section Line, UTM 43 55 783N 13 3 08 749E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 12.4 cfs (April 1 – July 14); and 4.3 cfs (July 15 –March 31). 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. (2002). 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 20, 2003, 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. (3 pages) 20. 03CW276 RIO BLANCO COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Big Beaver 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 Allen Creek at latitude 40° 04’ 38” N and longitude 107° 36’ 31” W as the upstream terminus and extending to the confluence of East Beaver Creek at latitude 40° 02’ 06” N and longitude 107° 38’ 38” W as the downstream terminus, being a distance of approximately 3.1 miles. This segment can be located on the Sawmill Mountain and Fawn Creek U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = SE SE SEC 4 TWN 1N RNG 91W 6PM, 1500’ East of West Section Line & 100’ North of South Section Line, UTM 44 39 379N 13 2 77 561E, Lower Terminus = SE SW SEC 19 TWN 1N RNG 91W 6PM, 1720’ East of West Section Line & 590’ North of South Section Line, UTM 44 34 781N 13 2 74 413E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 2.9 cfs (April 1 – July 14) and 1.0 cfs (July 15 – March 31). 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. (2002). 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 20, 2003, 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 DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 8 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. (3 pages) 21. 03CW277 GARFIELD COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203. (303) 866-3441. 2. Name of natural stream: Possum Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel at the headwaters at latitude 39° 38’ 42”N and longitude 107° 22’ 16”W as the upstream terminus and extending to the confluence of East Canyon Creek at latitude 39° 36’ 04”N and longitude 107° 26’ 24”W as the downstream terminus, being a distance of approximately 5.8 miles. This segment can be located on the Adams Lake, Carbonate and Storm King Mountain U.S.G.S. quadrangles. For administrative purposes only: Upper Terminus = SW NW SEC 3 TWN 5S RNG 89W 6PM, 440’ East of West Section Line & 2415’ South of North Section Line, UTM 43 90 834N 13 2 96 542E, Lower Terminus = SW NE SEC 24 TWN 5S RNG 90W 6PM, 1785’ West of East Section Line & 2455’ South of North Section Line, UTM 46 86 139N 13 2 90 508E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 2.4 cfs (May 1 – August 14) and 1.6 cfs (August 15– April 30). 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. (2002). 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 20, 2003, 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. The Board acknowledges that this instream flow water right appropriation is junior to water rights in existence on the subject reach of Possum Creek on or before January 22, 2003. (3 pages). 22. 03CW278 GARFIELD COUNTY, APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DECREE 1. Name of applicant: Colorado Water Conservation Board. Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. 2. Name of natural stream: Keyser Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the outlet of Blue Lake at latitude 39° 40’ 28” N and longitude 107° 21’ 52” W as the upstream terminus and extending to the confluence with East Canyon Creek at latitude 39° 38’ 11” N and longitude 107° 24’ 21” W as the downstream terminus, being a distance of approximately 3.8 miles. This segment can be located on the Adams Lake and Carbonate U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = SE NW SEC 27 TWN 4S RNG 89W 6PM, 2430’ East of West Section Line & 2280’ South of North Section Line, UTM 43 94 068N 13 2 97 209E, Lower Terminus = NW NW SEC 8 TWN 5S RNG 89W 6PM, 1250’ East of West Section Line & 450’ South of North Section Line, UTM 43 89 960N 13 2 93 547E. 4. a. Date of initiation of appropriation: January 22, 2003. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 22, 2003. c. How appropriation was initiated: At its regular meeting on January 22, 2003, 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 2.4 cfs (May 1 – July 31), 1.3 cfs (August 1 – October 31), and 1.0 cfs (November 1– April 30). 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. (2002). 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 20, 2003, 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. (3 pages). 23. 03CW279 GARFIELD COUNTY, CATTLE CREEK, TRIBUTARY TO THE ROARING FORK RIVER. Turnberry Ranch, LLC, c/o Ramsey L. Kropf, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant Avenue, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR CHANGE OF WATER RIGHT. FIRST CLAIM: APPLICATION FOR ALTERNATE POINTS OF DIVERSION: Applicant seeks to decree alternate points of diversion for the Sweedes Ditch, Priority No. 152. Previous Decree: Entered: 5/11/1889, Civil Action No. 132, Water Division No. 5. Decreed point of diversion: According to the original decree, the headgate is located on the south bank of Cattle Creek, 7 ½ miles above the mouth, in Section 8, Township 7 South, of Range 87 West. According to the Division 5 Tabulation, the headgate is located at the NE ¼ of the NW ¼ of the NW ¼ of Section 9, Township 7 South, Range 87 West, of the 6th P.M. A map identifying the decreed point of diversion is filed with the Court as Exhibit “A”. Source: Cattle Creek, tributary to the Roaring Fork River. Appropriation date: 6/1/1886. Amount: 0.5 cfs. Historic use: Irrigation. Proposed change: Applicant proposes to add three alternate points of diversion, at the Sommers Ditch, the Lewis Ditch, and the Lewis Ditch Pump Station, for 0.166 cfs of the water decreed to the Sweedes Ditch, Priority No. 152. The three new points of diversion are located as follows: The headgate for the Sommers Ditch is located on the south bank of Cattle Creek in the SW¼ of the SE¼ of Section 5, Township 7 South, Range 87 West, 6th P.M, approximately 490 feet from the South section line, and 1,877 feet from the East section line of said Section 5. The headgate of the Lewis Ditch is located on the North bank of Cattle Creek in the SW¼ of the SE¼ of Section 5, Township 7 South, Range 87 West, 6th P.M., 550 feet from the South section line and 1,600 feet from the East section line of said Section 5. The Lewis Ditch Pump Station is located on Cattle Creek in the SE¼ of the SW¼ of Section 5, Township 7 South, Range DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 9

87 West, 6th P.M., 300 feet from the South section line and 2,400 feet from the West section line of Said Section 5. Use: Irrigation. Amount: 0.166 cfs, used for no more than 8.3 acres. Give proposed plan for operation: Pursuant to the Stipulation and Agreement in Case No. 02CW179, Applicant seeks to decree three alternate points of diversion for the Sweedes Ditch, at the locations listed in paragraph 4.B. above. The Sweedes Ditch headgate is located on land owned by Gary and Wendy McNulty, 7747 C Road 100, Carbondale, CO 81623. The alternate points of diversion are located on Applicant’s land, and beneficial use of the water right will be made on Applicant’s land. SECOND CLAIM: APPLICATION FOR ALTERNATE POINT OF DIVERSION: Applicant seeks to decree an alternate point of diversion for the Lewis Ditch, Priority No. 39, and its alternate point of diversion at the Lewis Ditch Pump Station. Previous Decree: Date entered: 5/11/1889, Civil Action No. 132; and Case No. 95CW070, entered 4/8/1997, Water Division No. 5. Decreed point of diversion: The Lewis Ditch headgate is located on the north bank of Cattle Creek, on the NE1/4 of the NW1/4 of Section 8, T7S, R87W of the 6th P.M. The Lewis Ditch Pump Station alternate point is located at a point on the South bank of Cattle Creek in the SE1/4, SW1/4 of Section 5, T7S, R87W of the 6th P.M., approximately 4900 feet South of the North Section line and 2400 feet East of the West Section line. A map identifying the decreed points of diversion is filed with the Court as Exhibit “A”. Source: Cattle Creek, tributary to the Roaring Fork River. Appropriation date: 6/15/1882. Amount: 0.6 cfs. Historic use: Irrigation. Proposed change: Applicant proposes to add an alternate point of diversion for the Lewis Ditch and the Lewis Ditch Pump Station. Currently, the Lewis Ditch is decreed at its original location, and at the alternate point of diversion decreed to the Lewis Ditch Pump Station. Case No. 95CW070 decreed an alternate point of diversion for the Lewis Ditch, at the Lewis Ditch Pump Station for the full 0.6 cfs of water. The Turnberry Ranch Pond is a water right with a decree pending in Case No. 02CW255, as augmented in Case No. 02CW254. Applicant seeks to add the Turnberry Ranch Pond as an alternate point of diversion for the Lewis Ditch and the Lewis Ditch Pump Station. The new point of diversion is located as follows: The Turnberry Ranch Pond is located in the SE¼ of the SW¼ of Section 5, Township 7 South, Range 87 West of the 6th P.M., at a point approximately 175 feet from the South section line and 1,700 feet from the West section line. Use: Irrigation. Amount: 0.6 cfs, cumulative total with the two previous decreed points of diversion. Proposed plan for operation: Applicant will continue to irrigate with its Lewis Ditch water right at the three decreed points of diversion. The original structure and alternate point of diversion are located on Applicant’s land, and beneficial use of the water right will be made on Applicant’s land. (6 pages) 24. 03CW280 GRAND COUNTY, COLORADO RIVER, WATER DIVISION 5 DISTRICT COURT, WATER DIVISION 5, COLORADO APPLICATION FOR WATER RIGHTS (SURFACE) 1. Name, address, telephone number of applicant: United States of America, c/o Amelia S. Whiting, Special Assistant U.S. Attorney, Solicitor’s Office, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353, extension 447. 2. Name of structure: BLM 4K Spring. 3. Legal description of the point of diversion: SW¼SW¼, Section 36, T7S, R96W, 6th P.M., 660 feet north of the south section line and 2,299 feet west of the east section line.4. Source: Unnamed tributary to Pete and Bill Creek, tributary of the Colorado River. 5. A. Date of appropriation: May 24, 1935 B. How appropriation was initiated: BLM authorized use of the Pete and Bill Creek/Dry Creek Allotment and its associated water sources by grazing permittees. C. Date water applied to beneficial use: May 24, 1935 6. Amount claimed: 0.011 cfs, absolute 7. Uses: Livestock watering 8. Name and address of owner of land on which point of diversion and place of use are located: United States Department of the Interior, Bureau of Land Management, Glenwood Springs Field Office, 50629 Hwys 6 & 24, P.O. Box 1009, Glenwood Springs, CO 81602 (4 pages) 25. 03CW281 EAGLE COUNTY, COLORADO RIVER, WATER DIVISION 5 APPLICATION FOR WATER RIGHTS (STORAGE) 1. Name, address, telephone number of applicant: United States of America, c/o Amelia S. Whiting, Special Assistant U.S. Attorney, Solicitor’s Office, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353, extension 447. 2. Name of structures: Wolcott Reservoir #7, State Bridge Reservoir #12 3. Legal description of each point of diversion: Wolcott Reservoir #7: on public lands in the SW/4 NW/4 SW/4, Section 22, T3S, R83W, 6th Prime Meridian, approximately 525 feet east of the west section line and 1,850 feet north of the south section line; State Bridge Reservoir #12: on public lands in the SW/4 NE/4 NW/4, Section 36, T2S, R83W, 6th Prime Meridian, approximately 1,600 feet east of the west section line and 900 feet south of the north section line. 4. Source: Wolcott Reservoir #7: Unnamed tributary to Alkali Creek/Eagle River/Colorado River; State Bridge Reservoir #12: Unnamed tributary to Goodson Creek/Colorado River 5.A. Date of appropriation: December 16, 2003 B. How appropriation was initiated: Completion of environmental assessment and construction plan; filing of water rights application. C. Date water applied to beneficial use: N/A 6. Amount: 0.2 acre feet, conditional, with the right to two refills for a total of 0.6 acre feet annually, conditional, each. 7. Use or proposed use: livestock watering. 8. Name and address of owner of land on which point of diversion and place of use are located: United States Department of the Interior, Bureau of Land Management, 50629 Hwys 6 & 24, P.O. Box 1009, Glenwood Springs, CO 81602 9. Remarks: These reservoirs will be constructed with release valves and will store water only when the water rights are in priority. (4 pages) 26. 03CW282 APPLICATION FOR WATER RIGHTS. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF EXXON MOBIL CORPORATION, IN RIO BLANCO COUNTY, COLORADO, DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 - 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, address and telephone number of applicant: Exxon Mobil Corporation ("ExxonMobil"), c/o Rudy Smith, P.E., P.O. Box 4358, Houston, TX 77210-4358. Direct all pleadings to: Glenn E. Porzak, Kristin Howse Moseley, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Names of structure: Little Hill Spring, 1st Enlargement. 3. Point of diversion: NE 1/4 of the SW DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 10

1/4 of Section 35, Township 1 N., R. 97 W. of the 6th P.M., 2,260 feet from the W. section line and 1,910 feet from the S. section line; UTM coordinates (Zone 12): 735,044 E.; 4,432,362 N. 4. Source: A spring tributary to Piceance Creek, tributary to the White River. 5. Appropriation: A. Date of Initiation of Appropriation: December 12, 2003, or such other date as the Court may find. B. How Appropriation Was Initiated: Field survey, installation of a ninety degree v-notch weir to measure flow, posting of a sign at the Little Hill Spring that notices the appropriation. C. Date Water Applied to Beneficial Use: n/a. 6. Amount: 0.85 c.f.s. conditional. 7. Use: domestic, industrial, mining, commercial, irrigation, augmentation and dust suppression uses. 8. Remarks: Applicant previously filed an application for 70 g.p.m. from the Little Hill Spring on August 29, 2003 in Case No. 03CW189. By this application, Applicant seeks to appropriate an additional 0.85 c.f.s. from the Little Hill Spring. 9. Name and address of owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: A. Applicant. B. EnCana Oil & Gas (USA) Inc. and McMurry Oil Company, its wholly owned subsidiary, c/o Mary A. Viviano, 950 17th Street, Suite 2600, Denver, Colorado 80202, the owner of land upon which the Little Hill Spring is located, and upon which water from the Little Hill Spring may be utilized. C. U.S. Bureau of Land Management, 2815 H Road, Grand Junction, CO 81506, the owner of land upon which water from the Little Hill Spring is currently utilized. D. The Colorado Division of Wildlife, Department of Natural Resources, 711 Independent Avenue, Grand Junction, CO 81505, the owner of land upon which water from the Little Hill Spring may be utilized. (4 pages) 27. 03CW283, MESA COUNTY, COLORADO RIVER. Jeffrey M. Nakano & Sherry G. Nakano, 699 Cascade Dr, Grand Junction, CO 81506, (970) 241-0991; with copies to: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Application for Surface Water Right . Structure: Nakano Diversion ; Legal: Approx. 200 ft S of the N Section Line and 1,250 ft W of the E Section Line of Sec. 2, T.1 S., R.1 W. of the Ute Meridian.; Source: Waste and seepage water flowing in an unnamed drainage channel, tributary to the Colorado River; Appropriation: May 1, 2003; Amount: 0.156 c.f.s. (70 g.p.m.), conditional; Use: Irrigation of 2 acres. The point of diversion and place of use of the subject water right are located on land owned by the Applicants. (4 pages) 28. 03CW284(91CW097) GARFIELD COUNTY-Billie D. Blackwell and Nickie J. Blackwell, c/o Stuver & LeMoine, P.C., P. O. Box 907, Rifle, CO 81650, (970) 625-1887. 1. Decreed name of structure: Schopp Spring No. 1 and Schopp Spring Nos. 3-13. 2. Describe conditional water right (as to each structure), giving the following from the Referee’s Ruling and Judgment and Decree: Date of Original Decree: December 30, 1991. Court: Garfield County District Court, Water Division No. 5, Colorado. 3. Location: Schopp Spring No. 1: Situate at a point 996.78 feet East and 665.65 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 3: Situate at a point 697.86 feet East and 640.13 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 4: Situate at a point 638.15 feet East and 617.72 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 5: Situate at a point 601.51 feet East and 601.99 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 6: Situate at a point 577.91 feet East and 606.95 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 7: Situate at a point 564.79 feet East and 605.36 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 8: Situate at a point 544.05 feet East and 600.95 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 9: Situate at a point 518.41 feet East and 597.63 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 10: Situate at a point 503.48 feet East and 597.53 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 11: Situate at a point 448.46 feet East and 590.04 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 12: Situate at a point 411.01 feet East and 582.01 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.; Schopp Spring No. 13: Situate at a point 408.37 feet East and 579.45 feet North of the SW Corner of Section 4, T6S, R92W of the 6th P.M.. 4. Source: Natural springs, tributary to the Colorado River. 5. Appropriation Date: November 28, 1990. 6. Amount: .20 cfs, conditional for Schopp Spring No. 3, and .03 cfs conditional for each of Schopp Spring Nos. 1, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13. 7. Use: Livestock watering, irrigation of 11.590 acres, collectively, and domestic and household uses for a single-family residence. 8. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicants have installed another perforated pipe collection system in the vicinity of Schopp Spring No. 4 and are diverting approximately an additional two gallons per minute (.005 cfs) from Schopp Spring No. 4. Applicants have incurred $1,277.32 in expenses for installation of the system. Applicants intend to incorporate the remaining conditional water rights into the collection system for the decreed uses. 9. Name and address of owners of land on which water is or will be placed to beneficial use: Billie D. Blackwell and Nickie J. Blackwell, 0181 County Road 229, Silt, Colorado 81652. (5 pages) 29. 03CW285 MESA COUNTY, COLORADO RIVER, WATER DIVISION 5 DISTRICT COURT, WATER DIVISION 5, COLORADO APPLICATION FOR WATER RIGHTS (STORAGE) 1. Name, address, telephone number of applicant: United States of America, c/o Amelia S. Whiting, Special Assistant U.S. Attorney, Solicitor’s Office, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353, extension 447.2. Name of structures: Garn Knowles Spring, Knowles Twin Spring, Moore Canyon Spring, Upper Rattlesnake Spring, Mee’s Oasis Spring, Mee Canyon Alcove Spring, Mee Canyon Spring, and Upper Mee Canyon Spring. 3. Legal description of each point of diversion: Garn Knowles Spring: SW/4 NE/4 NE/4, Section 13, T11S R104W, Sixth P.M., 1,200 feet south of the north section line and 650 feet west of the east section line. Knowles Twin Spring: NW/4 NE/4 NW/4, Section 14, T11S R104W, Sixth P.M., 400 feet south of the north section line and 1,500 feet east of the west section line. Moore Canyon Spring: Lot 3, SE/4 NE/4 NW/4, Section 2, T11S R104W, DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 11

Sixth P.M., 750 feet south of the north section line and 2,175 feet east of the west section line. Upper Rattlesnake Spring: NW/4 NE/4 NW/4, Section 29, T1N R3W, Ute P.M., 550 feet south of the north section line and 1,775 feet east of the west section line. (Not in surveyed area. Legal description was developed via protraction). Mee’s Oasis Spring: SE/4 NW/4 NE/4, Section 10, T11S R103W, Sixth P.M., 950 feet south of the north section line and 1,550 feet west of the east section line. Mee Canyon Alcove Spring: SW/4 SE/4 SW/4, Section 14, T11S R103W, Sixth P.M., 175 feet north of the south section line and 1,900 feet east of the west section line. Mee Canyon Spring: SE/4 NE/4 NW/4, Section 23, T11S R103W, Sixth P.M., 1,250 feet south of the north section line and 2,100 feet east of the west section line. Upper Mee Canyon Spring: NW/4 SW/4 NE/4, Section 23, T11S R103W, Sixth P.M., 1,700 feet south of the north section line and 2,450 feet west of the east section line. 4.Source: Garn Knowles Spring and Knowles Twin Spring: Unnamed tributary to Knowles Canyon/Colorado River; Moore Canyon Spring: Unnamed tributary to Moore Canyon/Colorado River; Upper Rattlesnake Spring: Unnamed tributary to Rattlesnake Canyon/Colorado River; Mee’s Oasis Spring, Mee Canyon Alcove Spring, Mee Canyon Spring, and Upper Mee Canyon Spring: Unnamed tributary to Mee Canyon/Colorado River. 5.A. Date of appropriation: Garn Knowles Spring: 04/10/02; Knowles Twin Spring and Moore Canyon Spring: 10/17/01; Upper Rattlesnake Spring: 10/16/01; Mee’s Oasis Spring: 04/08/01; Mee Canyon Alcove Spring, Mee Canyon Spring and Upper Mee Canyon Spring: 10/24/02. B. How appropriation was initiated: BLM personnel have inventoried the quality and quantity of water available for wildlife and recreational use. C. Date water applied to beneficial use: Garn Knowles Spring: 04/10/02, Knowles Twin Spring and Moore Canyon Spring: 10/17/01; Upper Rattlesnake Spring: 10/16/01; Mee’s Oasis Spring: 04/08/01; Mee Canyon Alcove Spring, Mee Canyon Spring and Upper Mee Canyon Spring: 10/24/02; 6. Amount claimed: Garn Knowles Spring: 0.0033 cfs, absolute; Knowles Twin Spring: 0.0134 cfs, absolute; Moore Canyon Spring: 0.0022 cfs, absolute; Upper Rattlesnake Spring: 0.0012 cfs, absolute; Mee’s Oasis Spring: 0.0446 cfs, absolute; Mee Canyon Alcove Spring: 0.0156 cfs, absolute; Mee Canyon Spring: 0.0156 cfs, absolute; Upper Mee Canyon Spring: 0.0089 cfs, absolute; 7. Use: Wildlife and recreational uses. The springs are used for recreational uses such as backpacking, and provide habitat (including water, cover and forage) for deer, elk, bighorn sheep, small mammals, birds and amphibians. 8. Name and address of owner of land on which point of diversion and place of use are located: United States Department of the Interior, Bureau of Land Management, 2815 H. Road, Grand Junction, Colorado 81506. 9. Remarks: All springs, with the exception of Upper Rattlesnake Spring, occur in sections that have been surveyed. However, most of these surveyed sections are not yet represented on the most recent USGS topographic maps. Section lines have been drawn in on the attached USGS topographic maps, and such lines are taken directly from official survey maps on file at BLM. The United States seeks a calendar priority date of 2003 for these water rights. (8 pages) 30. 03CW286 Eagle County, Nolan Creek, The Folford Association, c/o Sherry A. Caloia, Caloia Houpt & Hamilton, PC, 1204 Grand Ave, Glenwood Springs. Structure: Fulford Fire Cistern and Pipeline. Diversion Point: SE1/4 SW1/4 Sec 24 T6S R83W 6th PM 1400 ft from the W Sec line and 650 ft from the S Sec line. The elevation at the point of diversion is 9980. Source: Nolan Creek, trib. to Eagle River. Approp.: 9/1/2001 by meeting of the Board of the Ass’n., review of water rights, consultation with Attorney, field visits and formation of intent to apply to beneficial use. Amount: 2.0 cfs conditional. Use: The water will be diverted and held in a storage tank for fire protection purposes. A direct flow may also be used in the event of a fire. Name and address of owner of land on which point of diversion is located: U.S.F.S. White River National Forest, 900 Grand Ave., Glenwood Springs, CO 81602. (3 pages) 31. 03CW287 GARFIELD COUNTY – CANYON CREEK, TRIBUTARY TO THE COLORADO RIVER. Name and address of Applicant: Eric Williams Trust, c/o Neil W. Goluba, Goluba & Goluba P.C., P.O. Box 931, Glenwood Springs, Colorado 81602, (970) 945-9141. APPLICATION FOR SURFACE WATER RIGHTS AND WATER STORAGE RIGHTS. FIRST CLAIM. (Surface Water Rights)1. Name of Structure. Williams Canal, Non-Irrigation Season Williams Enlargement. Legal description of point of diversion: The head gate of the Williams Canal is located at a point whence the NW corner of Section 24, Township 5 South, Range 90 West of the 6th P.M., bears north 54º06'45" West a distance of 1,570.74 feet. Source: Canyon Creek, tributary to the Colorado River. Date of Initiation of Appropriation: December 15, 2003. How Appropriation Was Initiated: Formation of intent to appropriate water as described herein and other acts in furtherance of the appropriation. Date Water Applied to Beneficial Use: N/A. Amount Claimed: 2 cfs conditional. Proposed Use: The water will fill and refill Williams Pond No. 1 and Williams Pond No. 2 as described in Applicant’s Second Claim below and be used for irrigation, stock watering, wildlife watering, piscatorial and fire protection purposes. Number of acres to be irrigated: The water shall be applied during the winter months to approximately 40 acres owned by Applicant in order to build up ground moisture for the next growing season. Legal description of acreage: Applicant’s lands to be irrigated are located in the NW¼ of Section 35 and the NE¼ of Section 34, Township 5 South, Range 90 West of the 6th P.M. Name and Address of Owner of the Land Upon Which Structure is Located, Upon Which Water Will Be Stored, or Upon Which Water Will Be Put To Beneficial Use: The point of diversion of the Williams Canal is located on lands owned by Gene and Cynthia Trexler, whose last known addresses are PMB 322, 1338 Grand Avenue, Glenwood Springs, Colorado 81601 and 2602 S. Wallace Street, Chicago, Illinois 60616. The water from the Williams Canal, Non-Irrigation Season Williams Enlargement, shall be used on the lands of Applicant. SECOND CLAIM. (Water Storage Right) Name of Reservoirs: Williams Pond No. 1 and Williams Pond No. 2. Legal Description: The Williams Ponds shall be located in the NW¼ of the NW¼ of Section 35, Township 5 South, Range 90 West of the 6th Principal Meridian and are depicted on the map attached hereto as Exhibit A. The outlets of the Ponds will be located as follows: Williams Pond No. 1: 200 feet South of the North section line and 250 feet East of the West section line of said Section 35. Williams Pond No. 2: 580 feet South of the North section line and 900 feet East of the West section line of said Section 35. Points of Diversion: The Ponds are located off channel. The Ponds will be filled with the Williams Canal, Non-Irrigation Season Williams Enlargement DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 12 described in Applicant’s First Claim above. Source: Canyon Creek, tributary to the Colorado River. Appropriation: Date of Appropriation: December 15, 2003. How Appropriation Was Initiated: Formation of intent to appropriate water as described herein and other acts in furtherance of the appropriation. Date Water Applied To Beneficial Use: N/A. Amount Claimed: Williams Pond No. 1: 5 acre feet conditional, with the right to fill and refill in priority. Williams Pond No. 2: 10 acre feet conditional, with the right to fill and refill in priority. Fill Rate: Williams Pond No. 1 and Williams Pond No. 2 shall both fill at the rate of 2 cfs. Proposed Use: Water in both Ponds shall be stored and used for a combination of stock watering, wildlife watering, piscatorial and fire protection purposes. In addition, both Ponds shall be used as operational irrigation ponds in connection with Williams Canal irrigation water rights. Number of acres to be irrigated: The water shall be applied during the winter months to approximately 40 acres owned by Applicant in order to build up ground moisture for the next growing season. Legal description of acreage: Applicant’s lands to be irrigated are located in the NW¼ of Section 35 and the NE¼ of Section 34, Township 5 South, Range 90 West of the 6th P.M. Surface Area: Williams Pond No. 1: 1 acre. Williams Pond No. 2: 1.5 acres. Maximum Height of dam: Williams Pond No. 1: 5 feet. Williams Pond No. 2: 10 feet. Length of Dam: Williams Pond No. 1: 200 feet. Williams Pond No. 2: 250 feet. Total Capacity: Williams Pond No. 1: 5 acre feet. Active Storage: 5 acre feet. Dead Storage: 0 acre feet. Williams Pond No. 2: 10 acre feet. Active Storage: 10 acre feet. Dead Storage: 0 acre feet. Name and Address of Owner of Land Upon Which Structure Will Be Located, Upon Which Water Will Be Stored or Upon Which Water Will Be Placed To Beneficial Use: Applicant. (6 pages) 32. 03CW288 (Pitkin,Castle Creek, Water District No. 38) Name, address and phone number of applicant: David M. Cornell and Linda Judge Cornell, c/o Rhonda J. Bazil, Rhonda J. Bazil, P.C., 632 E. Hopkins Ave., Aspen, Colorado 81611 (970) 925-7171. Name of structure or plan: Blattberg Spring Area and Blattberg Spring Area Feeder Ditch. Type of application: APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Drainage basin: tributary to Castle Creek, tributary to the Roaring Fork River. Location: The point of diversion for the Blattberg Spring Area and the Blattberg Spring Area Feeder Ditch is situated in the NE/4 of the SW/4, Section 18 (protracted), Township 11 South, Range 84 West of the 6th P.M., 2,310 feet East of the West Section Line and 1,540 feet North of the South Section Line. Type of use: Irrigation, domestic, aesthetic, augmentation, piscatorial, recreation, fire protection, and storage of water in the Blattberg Pond for irrigation, aesthetic, piscatorial, domestic, fire protection, recreation, and augmentation purposes. Type of structure: spring and ditch. Quantity: 0.1 c.f.s. Appropriation date: January 20, 1992. Name of owner of land on which structure is located: Applicants and United States Forest Service. The application contains a detailed description of the activities performed during the diligence period. (4 pages) 33. 03CW289 Garfield County, Canyon Creek, Colorado River. Williams Canal Company, Attn: Greg McKennis, Sec., 1270 - 240 Rd, Glenwood Springs, CO 81601, 970-984-2729; with copies to: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Application for Surface Water Rights. Structure: Williams Canal, Non-Irrigation Season Priority; Legal: at a point whence the NW corner of Sec. 24, T. 5 S., R. 90 W., 6th P.M. bears N 54º06'45" W a distance of 1,570.74 ft; Source: Canyon Creek, tributary to the Colorado River; Appropriation: November 1, 1968; Amount: 8.0 c.f.s., absolute; Uses: Irrigation (by applying water to the lands of the Applicant’s members during the winter months to build up soil moisture in order to prepare the soil for growing crops during the following irrigation season), stockwatering, wildlife watering and maintenance of flow through the Williams Canal to prevent freezing and other damage to canal structures during the winter months. Name and address of owners of land: The point of diversion of the Williams Canal is located on lands owned by Gene & Cynthia Trexler, whose last known addresses are PMB 322, 1338 Grand Ave, Glenwood Springs, CO 81601, and 2602 S. Wallace St, Chicago, IL 60616. The water from this water right is used on lands of members of the Williams Canal Company. (4 pages) 34. 03CW290 CONCERNING THE APPLICATION FOR WATER RIGHTS OF CENTRAL AGGREGATES, INC., in Garfield County. APPLICATION FOR AN ABSOLUTE WATER RIGHT, TO CHANGE A WATER RIGHT, AND FOR APPROVAL OF A PLAN FOR AUGMENTATION. 1. Applicant: Central Aggregates, Inc., 25028 Highway 6 & 24, P. O. Box 1877, Rifle, CO 81650, (970) 625-3598, c/o Stuver & LeMoine, P.C., P.O. Box 907, Rifle, CO 81650, (970) 625-1887. APPLICATION FOR AN ABSOLUTE WATER RIGHT. 2 Name of structure: West Rifle Pit. 3. Permit Information: Concurrent with the filing of this Application, Applicant has filed for a well permit for West Rifle Pit. 4. Location: The center of the West Rifle Pit is located in the NW1/4SE1/4, Section 17 South, Township 6, Range 93 West of the 6th P. M. at a point 2500 feet from the east line of Section 17. 5. Source: Alluvial ground water tributary to the Colorado River. 6. Depth: 20 feet. 7. Appropriation date: May 1, 1981; manner of appropriation: By initial construction of pond during gravel mining; date water applied to beneficial use: April 16, 1996; 8. Amount claimed: 85 g.p.m.; 65.6 AF/yr absolute. 9. Use: piscatorial and recreational. 10. Owners of lands: Applicant. 12. Once this Absolute Water Right is granted, Applicant will abandon its conditional water right for the West Rifle Pit granted in 81CW111. APPLICATION FOR CHANGE OF WATER RIGHT. 13. Name of structure: Pioneer Ditch. 14. From previous decree: a. Date of original decree: May 11, 1889; Case: Case No. 103, Garfield County District Court. b. Decreed point of diversion: The headgate of the Pioneer Ditch is on the west bank of Rifle Creek in the SE1/4NW1/4NW1/4 of Section 16, Township 6 South, Range 93 West of the 6th P.M. at a point whence the NE corner of said Section 16 bears North 52° 49' West, 1295.4 feet. c. Source: Tributary to the Colorado River. d. Appropriation date and amount: May 10, 1882; 5.0 c.f.s (Priority 1); April 1, 1886; 1.9 c.f.s (Priority 62); March 1, 1887; 2.0 c.f.s (Priority 92). e. Historic Use: Irrigation. 15. Proposed change: Applicant requests a change of use for its 0.50 c.f.s of Pioneer Ditch water rights from irrigation to piscatorial and recreation. A total of 22.0 acres were historically irrigated on land which are now Applicant’s gravel mining operation. Irrigation of these lands has ceased. b. Uses: Recreation and piscatorial. c. Amount claimed: 0.50 c.f.s, absolute. Applicant’s ownership in 0.50 c.f.s equals 5.62% of the total decreed rights in the Pioneer Ditch. A DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 13 proportionate share of each water right would be 0.281 c.f.s of priority 1, 0.107 c.f.s of priority 62, and 0.112 c.f.s of priority 92. Applicant claims that its 0.50 c.f.s of Pioneer Ditch water rights irrigated 22 acres of hay crop on land which is no longer irrigated. The historic irrigated area is shown on the attached Exhibit 1 and the dry-up is shown on the attached Exhibit 2. The consumptive use of water associated with the irrigation of the hay crop, calculated using the Blaney-Criddle Method, is 2.00 AF/acre as demonstrated on Exhibit 3. The monthly distribution on historic consumptive use credit available from the dry-up of 22.0 acres is as shown on Exhibit 4, column (3). d. Proposed plan of operation: Applicant intends to use the 0.50 c.f.s. Pioneer Ditch rights, when in priority, to augment the West Rifle Pit as set forth below in the proposed augmentation plan. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION. 16. Name of structure to be augmented: West Rifle Pit. Other water rights diverted from this structure: None. 17. Previous decrees for water rights to be used for augmentation: a .Pioneer Ditch: i. Date of original decree: May 11, 1889; ii. Case: Case No. 103, Garfield County District Court; iii. Legal description of point of diversion or place of storage: The headgate of the Pioneer Ditch is on the west bank of Rifle Creek in the SE1/4NW1/4NW1/4 of Section 16, Township 6 South, Range 93 West of the 6th P.M. at a point whence the NE corner of said Section 16 bears North 52° 49' West, 1295.4 feet; iv. Amount: 8.9 c.f.s.; v. Appropriation date: May 10, 1882; 5.0 c.f.s (Priority 1); April 1, 1886; 1.9 c.f.s (Priority 62); March 1, 1887; 2.0 c.f.s (Priority 92); vi. Decreed and historic use: Irrigation as more specifically set forth in the Application for Change of Water Rights above. b. Wolford Mountain Reservoir: i. Date of original decree: November 20, 1989; ii. Case: Case No. 87CW283, District Court, Water Division No. 5; iii. Legal description of point of diversion or place of storage: The dam is located in the SE1/4 of the NE1/4 of Section 25, Township 2 North, Range 81 West of the 6th P.M.. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54º 54"20" E. a distance of 3, 716.46 feet from the NE Corner of Section 25; iv. Amount: 59,993 AF conditional; of this amount, 32,986 AF were made absolute for piscatorial and recreational uses by decree entered in Case No. 95CW251, and the full amount was made absolute for all purposes by decree entered in Case No. 02CW107; v. Appropriation date: December 14, 1987; vi. Decreed and historic use: All beneficial uses, including, but not limited to, domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the River District for all uses , including uses in the Middle Park area, and to meet the terms of a lease agreement executed March 3, 1987 between Colorado River Water Conservancy District (CRWCD) and the City and County of Denver. 18. Statement of plan for augmentation: Applicant will use both its water rights from the Pioneer Ditch and its water rights from Wolford Mountain Reservoir contracted through CRWCD for augmentation. The plan for augmentation consists of replacing out-of-priority evaporation with consumptive use credits from dry-up under the Pioneer Ditch and by reservoir releases from Wolford Mountain Reservoir under contract with CRWCD. Exhibit 4 shows the augmentation schedule. Consumptive use credits are used to directly offset evaporation by bypassing the ditch flows to the Colorado River. In periods when evaporation exceeds consumptive use credits, such as July through October, augmentation water will be released from Wolford Mountain Reservoir in an amount equal to depletion plus 10% for transit losses. No augmentation is provided for the period of November 1 through April 15 on the basis that there have been no historic calls during that period on the Colorado River below the site. Once this Augmentation Plan is approved, Applicant will abandon the plan of augmentation for the West Rifle Pit previously decreed in Case No. 90CW150. 19. Owners of lands: Applicant. (24 pages) 35. 03CW291 GRAND COUNTY. APPLICANT: Winter Park Water and Sanitation District, Joanne Donald, Box 7, Winter Park, CO. 80482, c/o Stanley W. Cazier, Cazier & McGowan, Box 500, Granby, CO., 80446, 970-887-3376 APPLICATION FOR WATER STORAGE RIGHTS. NAME OF RESERVOIR: Winter Park Water and Sanitation District Water Storage Reservoir No. 2. SOURCE: Fraser River and Cooper Creek. LOCATION: Approximately 5,000 feet South of South line of Section 34, T1S, R75W of the 6th P.M. and 2,200 feet from line extended South from West line of Section 34, T1S, R75W, 6th P.M. (Unsurveyed Section 3, T1S, R75W, 6th P.M. ALTERNATE POINTS OF DIVERSION at a maximum rate of 2 cfs total: A.Said Reservoir may be filled by treated wastewater released from its treatment plant with point of diversion for its domestic water system as described in 81CW191, Water Diversion No. 5 as follows: The point of diversion is the Fraser River upstream of its confluence with Jim Creek, near a point the location of which is in the SW1/4 of suspended Section 11, Township 2 South, Range 75 West, 6th P.M., Grand County, Colorado, more particularly described as follows: Beginning at Corner No. 10, ES 367, Thence South 62 02' East a distance of 660.0 feet. The basis for bearings is the line between Corner Nos. 10 and 14, ES 367, which has a record bearing of South 66 12' East. B.The aser River upstream of its confluence with Cooper Creek, at the point of Winter Park Water and Sanitation District sewage treatment plant aerated lagoon discharge, near a point the location of which is in the SW1/4 of suspended Section 3, Township 2 South, Range 75 West, 6th P.M., Grand County, Colorado, more particularly described as follows: Beginning at Corner No. 1, HES 117, thence North 45 15' West a distance of 1,073.0 feet. The basis for bearings is the line between Corner Nos. 1 and 2, HES 117, which has a record bearing of North 90 East. C.Cooper Creek upstream of its confluence with the Fraser River in unsurved or suspended Section 3, Township 2 South, Range 75 West, 6th P.M. at a point 5,100 feet from South line of Section 34, Township 1 South, Range 75 West, 6th P.M. and 1,800 from a line extended due South from the West Section line of Section 34, Township 1 South, Range 75 West, 6th P.M.TYPE OF USE: Municipal, augmentation, exchange, piscatorial, aesthetic and recreation. TYPE OF STRUCTURE: Reservoir. APPROPRIATION DATE: November 12, 2003. ADDITIONAL INFORMATION: Applicant owns land where Reservoir is located as well as diversion locations. (5 pages) 36. 03CW292 EAGLE, GRAND, PITKIN, ROUTT AND SUMMIT COUNTIES, APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. 1. Name and address of applicant: Eagle Park Reservoir Company (the DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 14

“Applicant”), 846 Forest Road, Vail, Colorado 81657; c/o Glenn E. Porzak, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302, 303-443-6800. 2. Description of water rights to be augmented by exchange: (A) Name of Structure: Eagle Park Aquifer Well Field decreed by the District Court in and for Water Division No. 5 (the “Water Court”) in Case No. 88CW449, and the 1st Enlargement thereof, the application for which is pending in Water Court Case No. 95CW272 (collectively herein the “Eagle Park Aquifer Well Field”), more particularly described as follows: (1) Legal Description: The Eagle Park Aquifer Well Field is located entirely within T. 7 S., R. 80 W. of the 6th P.M. It produces water from the Eagle Park Aquifer which underlies approximately 1450 surface acres, more or less, within the following sections: Section 3: Part of the SW1/4 of the SW1/4 Section 4: Part of the SE1/4 Section 9: Part of the E1/2 Section 10: Part of the W1/2 of the NW1/4 NW1/4 of the SW1/4 Part of the S1/2 of the SW1/4 Part of the SW1/4 of the SE1/4 Section 15: Part of the W1/2 Part of the W1/2 of the NE1/4 Part of the SE1/4 Section 16: Part of the E1/2 of the NE1/4 Part of the NW1/4 of the NE1/4 Section 22: Part of the E1/2 Part of the E1/2 of the NW1/4 Part of the NE1/4 of the SW1/4 Section 23: Part of the S1/2 Part of the S1/2 of the NW1/4 Part of the SW1/4 of the NE1/4 Section 24: Part of the SW1/4 (2) Source: The Eagle Park Aquifer Well Field withdraws water from the alluvium of the Eagle River and from all streams and other underground and surface water sources tributary to the Eagle River within the area described in paragraph 2(A)(1) above. (3) Depth of Wells: Up to 750 feet, more or less. (4) Name and Legal Description of Wells: A series of approximately 25 wells, although this number may be enlarged or diminished based upon specific site conditions and Forest Service requirements, the approximate legal descriptions of which are within 200 feet of the following locations: Well Name Approximate Location EP #1 Located in the NE1/4 of the NE1/4 Section 9 300 feet South of the North section line and 150 West of the East section line EP #2 Located in SW1/4 of the NE1/4 Section 10 1500 feet South of the North section line 300 feet East of the West section line EP #3 Located in NE1/4 of the SE1/4 Section 9 1900 feet North of the South section line and 400 feet West of the East section line EP #4 Located in SE1/4 of the SE1/4 Section 9 900 feet North of the South section line and 200 feet West of the East section line EP #5 Located in NW1/4 of the NW1/4 Section 15 200 feet South of the North section line and 1200 feet East on the West section line EP #6 Located in NE1/4 of the NW1/4 Section 15 1100 feet South of the North section line and 1500 feet East of the West section line EP #7 Located in SE1/4 of the NW1/4 Section 15 2100 feet South of the North section line and 2000 feet East of the West section line EP #8 Located in NE1/4 of the SW1/4 Section 15 2200 feet North of the South section line and 1900 feet East of the West section line EP #9 Located in NW1/4 of the SE1/4 Section 15 1400 feet North of the South section line and 2600 feet West of the East section line EP #10 Located in SE1/4 of the SW1/4 Section 15 900 feet North of the South section line and 2400 feet East of the West section line EP #11 Located in SW1/4 of the SE1/4 Section 15 300 feet North of the South section line and 2100 feet West of the East section line EP #12 Located in NW1/4 of the NE1/4 Section 22 400 feet South of the North section line and 2400 feet West of the East section line EP #13 Located in NW1/4 of the NE1/4 Section 22 1100 feet South of the North section line and 1500 feet West of the East section line EP #14 Located in SW1/4 of the NE1/4 Section 22 2000 feet South of the North section line and 1700 feet West of the East section line EP #15 Located in SE1/4 of the NE1/4 Section 22 2100 feet South of the North section line and 800 feet West of the East section line EP #16 Located in SE1/4 of the SE1/4 Section 22 1900 feet North of the South section line and 500 feet West of the East section line EP #17 Located in SE1/4 of the SE1/4 Section 22 1200 feet North of the South section line and 900 feet West of the East section line EP #18 Located in SW1/4 of the SW1/4 Section 23 1200 feet North of the South section line and 600 feet East of the West section line EP #19 Located in SE1/4 of the SW1/4 Section 23 1100 feet North of the South section line and 1900 feet East of the West section line EP #20 Located in SW1/4 of the SE1/4 Section 23 1300 feet North of the South section line and 2100 feet West of the East section line EP #21 Located in SW1/4 of the NW/14 Section 10 2100 feet South of the North section line and 300 feet East of the West section line EP #22 Located in SW1/4 of the SW1/4 Section 10 350 feet North of the South section line and 300 feet East of the West section line EP #23 Located in NW1/4 of the NW1/4 Section 15 750 feet South of the North section line and 700 feet East of the West section line EP #24 Located in SW1/4 of the NW1/4 Section 15 1940 feet South of the North section line and 1250 feet East of the West section line EP #25 Located in NW1/4 of the SE1/4 Section 22 2800 feet South of the North section line and 1400 feet West of the East section line. The exact locations for such wells shall be provided at the time of application for well permits.(5) Pumping Rates: The estimated pumping rate of the wells is approximately 3150 gpm (7 cfs) each. (6) Amount Claimed: 175 cfs not to exceed 28,000 acre feet per year, conditional. (7) Date of Appropriation: December 19, 1988 for the Eagle Park Aquifer Well Field decreed in Case No. 88CW449 and November 27, 1995 for the 1st Enlargement thereof pending in Case No. 95CW272. (8) Uses: Municipal, commercial, industrial, wetland creation and irrigation, recreation, snowmaking, fishery, augmentation, exchange, recharge, wildlife, and all other beneficial uses both in the Colorado River basin and for delivery to the eastern slope of Colorado. The total number of acres proposed to be irrigated is 600 acres. (B) The Eagle River diversion of the Eagle-Cross Pump and Pipeline, the application for which is pending in Water Court Case No. 95CW272, claimed for 600 cfs conditional, for municipal, irrigation, exchange, augmentation, commercial, domestic, industrial, wetland creation, recreation, fishery, wildlife and all other beneficial uses, including reuse and successive use to extinction on both the eastern and western slopes of Colorado, with an appropriation date of November 27, 1995, the source of which is the Eagle River. The point of diversion in located in the SE1/4 SW1/4 of Section 19, T. 6 S., R. 80 W. of the 6th P.M. 3. Description of the water rights to be used as sources of augmentation water: Up to 6752.3 acre feet of water from any part or combination of one or more of the following water rights: (A) 1813 acre feet of water from Green Mountain Reservoir by virtue of existing contracts between the Bureau of Reclamation and the Upper Eagle Regional Water Authority, the Eagle River Water and Sanitation District (as successor to Vail Valley Consolidated Water District), and Vail Associates, Inc., as shareholders of Applicant. Green Mountain Reservoir was decreed by the United States District Court for the District of Colorado in Consolidated DECEMBER 2003 RESUME WATER DIVISION 5 PAGE 15

Case Nos. 2782, 5016 and 5017, for 154,645 acre feet, with an appropriation date of August 1, 1935, and is located on the Blue River in Sections 11, 12, 13, 14, 15 and 24, T. 2 S., R. 80 W., and Sections 18, 19, 20, 21, 28, 29 and 34, T. 2 S., R. 79 W., 6th P.M., Summit County, Colorado. (B) 302.8 acre feet of historic consumptive use credits which were quantified, changed and decreed to the member districts of the Upper Eagle Regional Water Authority in Water Court Case Nos. W-3289, W-3664, W-3999, 80CW397, 81CW161, 81CW195, 84CW225 and 92CW295 from the water rights more particularly described in the attached Exhibits A-1 and A- 2. (C) 379.9 acre feet of historic consumptive use credits which were quantified, changed and decreed to the Eagle River Water and Sanitation District in Water Court Case No. 82CW328 from the water rights more particularly described in the attached Exhibits B-1 and B-2. (D) 115 acre feet of historic consumptive use credits owned by Vail Associates, Inc. which were quantified, changed and decreed in Water Court Case No. 80CW397 from the water rights more particularly described in the attached Exhibits C-1 and C-2. (E) 1400 acre feet of annual snowmaking return flows which accrue to the Eagle River from the Arrowhead and Beaver Creek ski areas. These ski areas are generally located in Sections 19, 30 and 31, T. 5 S., R. 81 W., 6th P.M. and Sections 10, 11, 14, 15, 23-26, 35 and 36, T. 5 S., R. 82 W., 6th P.M. By decrees entered in Water Court Case Nos. 88CW456, 89CW201 and 89CW296, the snowmaking diversions for these ski areas are fully augmented and the return flows are calculated and measured pursuant to the accounting procedures decreed in Water Court Case No. 94CW303. (F) 1000 acre-feet annually of water from Wolford Mountain Reservoir, pursuant to agreement with the Colorado River Water Conservation District (the “River District”), which consists of the following water rights: (1) Case No. 87CW283: Decree Date: November 20, 1989. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54º54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy Creek and its tributaries. Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251. Appropriation Date: December 14, 1987. Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987, between the River District and the City and County of Denver. (2) Case No. 95CW281: Decree Date: August 26, 1997. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the River District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53º24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75º28' 29" E. Source: Muddy Creek and its tributaries. Amount: 6,000 acre feet conditional. Appropriation Date: January 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. (3) Case No. 98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries. Amount: 30,000 acre feet conditional with 15,895 acre feet being absolute for recreational and piscatorial and flood control. Appropriation Date: November17, 1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case Nos. 87CW283 and 95CW281. (G) Ruedi Reservoir. Pursuant to agreement with the River District, Contracts No. 009D6C0111, 009D6C0118 and 039F6C0011 between the United States Bureau of Reclamation and the River District for 1,730 acre-feet of annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and as substitution for the Wolford Mountain Reservoir water described in paragraph 3(F) above in appropriate circumstances where Ruedi Reservoir water is physically equivalent to Wolford Reservoir water. Ruedi Reservoir consists of the following water rights: (1) Case No. CA 4613: Legal Description of place of storage: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. Source: Fryingpan River. Amount: By order entered in Case No. W-789-76, the decreed amount of this reservoir was fixed at 102,369 acre-feet. Appropriation Date: July 29, 1957. Use: domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses. In Water Court Case No. 88CW85, the full amount was made absolute. (2) In Water Court Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre-feet conditional. In Case No. 95CW95, 44,509 acre-feet was made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre-feet was made absolute, for a total of 69,766 acre-feet absolute. This Ruedi Reservoir water is included to the extent it is substituted for Wolford Mountain Reservoir water to satisfy a call downstream of the confluence of the Roaring Fork River and the Colorado River. (H) Black Lakes: Black Lake (aka Black Lake No. 1), Black Lake No. 2, and Black Lake No 2, First Enlargement as decreed by the Wat