DIVISION 5 WATER COURT-JULY 2010 RESUME

1. Notice of 2010 Tabulation

Notice is hereby given that pursuant to Section 37-92-401, C.R.S. the State and Division Engineers have made such revisions as were determined necessary to the July 1, 2008 tabulation of all decreed absolute and conditional water rights. The July 1, 2010 tabulation also includes the judgments and decrees of the Courts entered prior to January 1, 2010. The tabulation may or may not include certain water rights claimed in pending or recently concluded proceedings. The tabulation is available for review or free download at: http://www.water.state.co.us/pubs/tabulation.asp. The tabulation may be inspected in the offices of the Division Engineer, the State Engineer, each Water Commissioner and the Water Clerk at any time during regular office hours. The State Engineer or Division Engineer will furnish a copy of the tabulation to anyone requesting the same upon payment of a fee of ten dollars ($10). To obtain a copy of the tabulation by mail, send a written request for “2010 Tabulation” with the ten dollar fee to the State Engineer at 1313 Sherman St., Room 818 Denver, CO, 80203. The tabulation lists the current status of decreed water rights in order of seniority and may be used by the Division Engineer, the State Engineer, and their staffs for administrative purposes. The relative listing of water rights in the tabulation shall not create any presumption of seniority, nor shall the listing of water rights in the tabulation create any presumption against abandonment. The tabulation shall not be construed to modify special provisions of court decrees adjudicating, changing, or otherwise affecting such water rights or to modify contractual arrangements governing the interrelationship of such water rights. This tabulation may include additional information regarding the water rights herein for purposes of identification and description, but this additional information is neither conclusive nor presumptive as to the truth and accuracy of the matters obtained therein.

Date: July 14, 2010 Dick Wolfe, P.E. State Engineer

2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2010. 10CW192 MESA COUNTY, PLATEAU CREEK, TRIBUTARY TO RIVER. Jake L. Segrest, c/o Scott Balcomb and Scott A. Grosscup, Balcomb & Green, P.C. P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. APPLICATION FOR FINDING OF DILIGENCE. Original decree: July 19, 2004, 99CW197, Dist. Ct., W.D. 5. Structures: Ramona Springs and Seep located in the SE1/4NE1/4 of Sec. 14, T. 10S., R. 97 W., 6th P.M. at a point 150 feet w. of the e. line and 1,970 feet s. of the n. line of said Sec. 14. Jake Sr. Springs and Seep located in the NE1/4NE1/4 of Sec. 14, T., 10 S., R. 97 W., 6th P.M. at a point on the E. line and 790 feet S. of the N. line of said Sec. 14. Jake Jr. Springs and Seep located in the NE1/4NE1/4 of Sec. 14, T. 10 S., R. 97 W., 6th P.M. at a point 250 feet W. of the E. line and 700 feet S. of the N. line of said Sec. 14. Darra Springs and Seep located in the NE1/4 NE1/4 of Sec. 14, T. 10 S, R. 97 W., 6th P.M. at a point 725 feet W. of the E. line and 725 feet S. of the N. line of said Sec. 14. Kinley Springs and Seep located in the NE1/4NE1/4 of Sec. 14, T. 10 S., R. 97 W., 6th P.M. at a point 1,200 feet W. of the E. line and 1,025 feet S. of the N. line of said Sec. 14. Janna Springs and Seep located in the NW1/4NE1/4 of Sec. 14, T. 10 S., R. 97 W., 6th P.M. at a point 1,700 feet W. of the E. line and 725 feet S. of the N. line of said Sec. 14. Source: Plateau Creek, trib. to Colorado River. Date of approp.: July 19, 1985. Amt.: Ramona Springs and Seep: 0.25 c.f.s., cond.; Jake Sr. Springs and Seep: 0.15 c.f.s., cond.; Jake Jr. Springs and Seep: 0.05 c.f.s., cond.; Darra Springs and Seep: 0.10 c.f.s., cond.; Kinley Springs and Seep: 0.1 c.f.s., cond.; Janna Springs and Seep: 0.15 c.f.s., cond. Uses: dom., generation of electric power, and irr. of approx. 10 acres located in the NW1/4NE1/4 of Sec. 14, T. 10 S., R. 97 W., 6th P.M. Structure: Segrest Springs & Seep. Original decree: August 6, 2004, 01CW323, Dist. Ct., W.D. 5. Located in the SE1/4NE1/4 of Sec. 14, T. 10 S., R. 97 W. of the 6th P.M., at a point 150 feet W. of the E. line and 1,970 feet south of the north line of said Sec. 14. Source: Plateau Creek, trib. to the Colorado River. Date of approp.: December 21, 2001. Amt.: 0.25 c.f.s., cond. Uses: dom., generation of electrical power, and irr. of 22.8 acres in the NE1/4NE1/4 and NW1/4NE1/4 of Sec. 14, T. 10 S., R. 97 W. of the 6th P.M. A map showing the locations of the structures is shown on Figure 1. Worked performed during the diligence period is on file with the Court (6 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2010 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

JULY 2010 RESUME WATER DIVISION 5 PAGE 2

3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2010. 10CW193 (02CW100) IN GRAND COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF PEAK RANCH, INC., DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, Colorado 81601. 1. Name, Address, and Telephone Number of Applicant: Peak Ranch, Inc., David and Karen Hammer, 11202 U.S. Highway 40, Kremmling, CO 80459, 970.724.3400. Direct all pleadings to: Glenn E. Porzak, Karen L. Henderson, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Name of Structure. Barber Basin Reservoir No. 3. 3. Description of the Conditional Water Right. (a) Barber Basin Reservoir No. 3. (i) Decree: Judgment and Decree entered by the District Court in and for Water Division No. 5, State of Colorado (the “Water Court”) on April 19, 1984, in Case No. 82CW451. Previous cases finding diligence include Case Nos. 88CW62, 95CW259, and 02CW100. (ii) Decreed Location: The northerly end of the axis of the dam is located in the NW ¼ of the NW ¼ of Section 21, Township 4North, Range 82 West of the 6th P.M. at a distance of 17 feet from the North section line and 1,120 feet from the West section line of said Section 21. (iii) Source: Muddy Creek, tributary to the Colorado River. (iv) Appropriation Date: September 20, 1982. (v) Amount: 4,593.83 acre-feet conditional. (vi) Uses: Irrigation, livestock water, fish propagation, and recreation. 4. Acquisition of Ownership of Subject Water Right by Applicant. By Bargain and Sale Deed dated January 27, 1999, Colorado Seminary conveyed the Subject Water Right to Peak Ranch, Inc. 5. Detailed outline of work done to complete project and apply water to beneficial use. (a) Applicant is the owner of the Peak Ranch located in Grand and Routt Counties. The Peak Ranch consists of approximately 60,000 acres of land owned in fee, leased or under federal permits and allotments. Peak Ranch is operated as an integrated cattle and irrigated agricultural operation, as well as for commercial hunting. Applicant also owns and utilizes a number of additional water rights decreed in Grand County District Court Civil Action Nos. 113, 210, 661, and 764, as well as, Water Court Case Nos. W-3268, 79CW242, 79CW243, 79CW244, 79CW246, 79CW247, 79CW248, 79CW249, 79C