IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of December 2008. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:

CASE NUMBER: 08CW145. Applicant: Fred Shaw, 1330 Green Hill Road, Franklin, NC 27525. Taeco, LLC, Anthony Smith, Manager, 777 Ute Lane, Gunnison, CO 81230. Application for Surface Water Right: Lauren Elizabeth Spring and Pipeline – SW ¼ NW ¼ of Section 14, T51N, R4E, NMPM. 2,119 feet from the north section line and 1,071 feet from the west section line. Source: Quartz Creek and the Gunnison River. Appropriation date: 08/01/2006. Amount Claimed: 15 g.p.s. (0.033 cfs) conditional for domestic use in a single family dwelling, fire protection, irrigation, lawn, garden and vegetation irrigation and stockwater. GUNNISON COUNTY.

CASE NO. 2008CW146. Applicant: Stumpy Creek Ranch, 7554 Juniper St., Arvada, CO 80007. Application for Surface Water Right: Cabin Creek Waste Water Ditch – NE ¼ SW ¼ of Section 24, T48N, R6W, NMPM. 2,000 feet from the south section line and 2,400 feet from the west section line. Source: Cimarron River and the Gunnison River. Appropriation date: 05/20/1973. Amount Claimed: 1.65 cfs absolute for irrigation of 33 acres and stockwater. GUNNISON COUNTY.

CASE NO. 2008CW147. CONCERNING THE APPLICATION FOR SURFACE WATER RIGHTS OF ALLEY OOP HOLDINGS, LLC, a Colorado limited liability company, and GENESEE PROPERTIES, INC., a Wyoming corporation, IN SAN MIGUEL COUNTY, COLORADO. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS. I. NAME, ADDRESS, AND TELEPHONE NUMBER OF APPLICANTS. Alley Oop Holdings, LLC and Genesee Properties, Inc., c/o Nicole Champine, San Miguel Valley Corp., 7800 E. Dorado Place, Ste. 250, Englewood, CO 80111-2306, (303) 220-8330 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEYS FOR APPLICANTS Felt, Monson & Culichia, LLC, Chris D. Cummins, #35154, 319 N. Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212 II. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS A. Alley Oop Diversion No. 1. 1. Name of Structure: Alley Oop Diversion No. 1. 2. Legal Description of Point of Diversion: In the NE1/4 NW1/4, Section 32, Township 43 North, Range 9 West, N.M.P.M., located approximately 1900 feet from the east line and 165 feet from the south line of said Section 32. (See attached Exhibit A Map). 3. Source: Unnamed watercourse tributary to the San Miguel River. This intermittent water source carries primarily stormwater and snowmelt, and at times is substantially dry. Applicants seek to appropriate all such flows within this unnamed gulch at such times when water is available in priority. 4. Date of Initiation of Appropriation: December 2, 2008. 5. Amount Claimed: All flows within the unnamed gulch, estimated at a maximum of 3 c.f.s. during precipitation events, conditional. 6. Uses: Stockwater, wildlife, and fire protection. 7. Remarks: The Alley Oop Diversion No. 1 will divert water into one or more stock ponds to be constructed on the Applicants’ properties of such size as necessary to provide the requested stockwater, wildlife and fire protection uses. All such stock pond structures will be so constructed as to be capable of bypassing and/or releasing any out-of-priority diversions, unless otherwise augmented. The Alley Oop Diversion No. 1 is located and the waters therefrom are used exclusively upon the lands of the Applicants. SAN MIGUEL COUNTY.

CASE NO. 2008CW148. Lawrence Zeldenthuis, 42949 D Road, Crawford, CO 81415. Application for Surface Water Right: Zeldenthuis Spring No. 2 – SW ¼ SW ¼ of Section 35, T15S, R91W, 6th PM. 800 feet from the south section line and 800 feet from the west section line. Source: Smith Fork of the Gunnison River. Appropriation Date: 04/30/1985. Amount Claimed: .1 cfs absolute for stockwater. DELTA COUNTY.

CASE NO. 2008CW149 (REF NO. 02CW125, 96CW154). Applicant: John R and Edythe L. McCallister, P. O. Box 172, Hotchkiss, CO 81419. Application for Finding of Diligence: BUCKY NO. 1 SPRING – Section 2, T13S, R92W, 6th PM. 400 feet from the south section line and 275 feet from the west section line. Source: North Fork of the Gunnison River. Appropriation Date: 08/08/1996. Amount Claimed: .05 cfs conditional for domestic and stockwater. The Application on file with the Water Court contains a detailed outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2008CW150. MONTROSE AND OURAY COUNTIES APPLICATION FOR RECOGNITION OF APPROPRIATIVE RIGHT OF EXCHANGE 1. APPLICANTS: Tri-County Water Conservancy District, (TCWCD) P.O. Box 347, Montrose CO 81402, 970-249-3369 and Uncompahgre Valley Water Users Association, (UVWUA) P.O. Box 69, Montrose CO 81402, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777 and Victor T. Roushar, P.O. Box 327 Montrose CO 81402, 970-249-4531. 2. NAME OF STRUCTURE: Gunnison Tunnel, South Canal, Ridgway Reservoir. 3. DESCRIPTION OF EXCHANGE: Applicant TCWCD is a political subdivision of the State of Colorado. Applicant UVWUA is a mutual ditch and reservoir company. On June 4, 1991, they entered into an agreement to exchange water from the Gunnison River, delivered through the Gunnison Tunnel, into Ridgway Reservoir. UVWUA is the owner of the Gunnison Tunnel water right. TCWCD is the owner of the Ridgway Reservoir water right. Water imported into the Uncompahgre River Basin is delivered through the UVWUA’s South Canal to Fairview Reservoir, where it is stored and then delivered to Project 7 Water Treatment Authority for treatment and use as potable domestic water by the six contracting entities of Project 7. TCWCD credits all amounts delivered to Fairview Reservoir by UVWUA on an acre-foot for acre-foot basis to UVWUA’s account in Ridgway Reservoir. UVWUA then may ask for releases from Ridgway Reservoir to be taken first from this exchange credit. The maximum historic flow of 87 c.f.s. was reached on November 28, 2007. Applicants intend to divert up to the contracted amount of 200 c.f.s. Applicants request recognition of an exchange of 87 c.f.s. absolute and 113 c.f.s. conditional, with a date of June 4, 1991, for domestic and irrigation uses. 4. LEGAL DESCRIPTION OF AFFECTED REACH: If imported water were not delivered to Fairview Reservoir, it would be delivered through the South Canal to farmlands which would then discharge tail water to the Uncompahgre River, and would be available to senior rights downstream of that point. If water were not stored in Ridgway Reservoir, that water would be available to senior water rights downstream of the Reservoir. Thus, the affected reach is from the confluence of the South Canal and the Uncompahgre River, at UTM coordinates Easting 255380, Northing 4260630, Colorado Central Zone, approximately 445 feet from the east section line and 2584 feet from the south section line, NE1/4NE1/4SE1/4 Section 36, Township 48 North, Range 9 West, N.M.P.M. upstream to the outlet of Ridgway Reservoir, at UTM coordinates Easting 258604, Northing 4235645, Colorado Central Zone, approximately 60 feet from the west section line and 1607 feet from the south section line, SW1/4NW1/4SW1/4, Section 16, Township 46 North, Range 8 West, N.M.P.M. 5. DATE OF APPROPRIATION: June 4, 1991. 6. AMOUNT: 87 c.f.s. absolute and 113 c.f.s. conditional 7. USE: domestic and irrigation 8. SOURCE OF WATER: Gunnison River for the Gunnison Tunnel, Uncompahgre River for Ridgway Reservoir. MONTROSE AND OURAY COUNTIES.

CASE NO. 2008CW151. Applicant: Sawtooth Ranch Ent., LTD., C/O Doyle Leslie, 3202 Greenlee Drive, Austin, TX 78703. Application for Water Storage Right: Old Cabin Pond – SW ¼ NW ¼ of Section 23, T46N, R7W, NMPM. 2,119.79 feet from the north section line and 381.41 feet from the west section line. Source: Cow Creek and the Uncompahgre River. Appropriation Date: 11/21/1008. Amount Claimed: 8 acre feet conditional for piscatorial, stockwater and wildlife. OURAY COUNTY.

CASE NO. 2008CW152 (REF NO. 04CW70). MONTROSE COUNTY-Big Cimarron River, Tributary to the Gunnison River; 1. Linda Vandehey, c/o Jenna H. Keller, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241- 5500; APPLICATION TO MAKE ABSOLUTE (Kelly’s Ditch); 2. Name of structure: Kelly’s Ditch; 3. Description of conditional water right: a. Original Decree: October 18, 2004 in Division No. 4 Water Court Case No. 04 CW 70; b. Legal description: 1414 feet north of the south section line and 371 feet east of the west section line in the SW¼NW¼SW¼, Section 22, Township 48 North, Range 6 West, N.M.P.M.; c. Source: Big Cimarron River; d. Appropriation Date: May 3, 2004; e. Amount: 1.25 c.f.s.; f. Use: Irrigation of forty acres, domestic use in one single-family residence, and stockwater; 4. Detailed outline of completion of Appropriation: Applicant has constructed and installed the irrigation system to carry the water described in the claim to make absolute. Since installation of the irrigation system Applicant has used the water to irrigate pasture land located on her property. Applicant has expended approximately $5,500.00 toward the completion of the irrigation system to deliver this water; 5. Claim to make absolute: a. Date water applied to beneficial use: June 1, 2008 Amount: 1.25 c.f.s. Use: Irrigation of forty acres and stockwatering; b. Place of Use: pasture land located on Applicant’s property; WHEREFORE, Applicant respectfully requests the Court grant Applicant an absolute water right in the Kelly’s Ditch for the uses and in the amount as described above, or in the alternative that the Court grant Applicant a finding of due diligence for any portion of the water right in the Kelly’s Ditch not declared absolute. 3 pages. MONTROSE COUNTY.

CASE NO. 2008CW153 (REF NO. 04CW60). MONTROSE COUNTY-Big Cimarron River, Tributary to the Gunnison River; 1. Linda Vandehey c/o Jenna H. Keller, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241- 5500; APPLICATION TO MAKE ABSOLUTE (L & V Hillside Spring No. 2); 2. Name of structure: L & V Hillside Spring No. 2; 3. Description of conditional water right: a. Original Decree: October 18, 2004 in Division No. 4 Water Court Case No. 04 CW 60; b. Legal description: 1616 feet north of the south section line and 12 feet east of the west section line in the SW¼NW¼SW¼, Section 22, Township 48 North, Range 6 West, N.M.P.M.; c. Source: Big Cimarron River; d. Appropriation Date: April 26, 2004; e. Amount: 0.022 c.f.s.; f. Use: Irrigation of three acres; 4. Detailed outline of completion of Appropriation: Applicant has constructed and installed the irrigation system to carry the water described in the claim to make absolute. Since installation of the irrigation system Applicant has used the water to irrigate pasture land located on her property. Applicant has expended approximately $1,000.00 toward the completion of the irrigation system to deliver this water; 5. Claim to make absolute: a. Date water applied to beneficial use: June 1, 2008 Amount: .022 c.f.s. Use: Irrigation of three acres; b. Place of Use: pasture land located on Applicant’s property; WHEREFORE, Applicant respectfully requests the Court grant Applicant an absolute water right in the L & V Hillside Spring No. 2 for the uses and in the amount as described above, or in the alternative that the Court grant Applicant a finding of due diligence for any portion of the water right in the L & V Hillside Spring No. 2 not declared absolute. 3 pages. MONTROSE COUNTY.

CASE NO. 2008CW154. NORTHEAST CREEK AND LAKE CANYON CREEK, EAST CREEK, GUNNISON RIVER, MESA COUNTY, COLORADO. Ronald E. Tipping, William R. Patterson, and Rodney C. Power, c/o Ronald E. Tipping, 1967 Broadway, Grand Junction, CO 81507, (970) 243-4604 (w), (970) 243-2599 (h); with a copy to Applicants’ attorneys: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., PO Box 338, Grand Junction, CO 81502, (970) 242-6262. Amended Application for Water Storage Right. Name of Reservoir: King Lake Reservoir, First Enlargement; Legal Description: The center of the dam is located at a point approx. 700 ft E of the W Sec. Line and 1,100 ft S of the N Sec. Line, Sec. 34, T. 13 S., R. 101 W., 6th P.M. The Reservoir is located on Northeast Creek; Source: Water flowing in Northeast Creek and Lake Canyon Creek, and springs and natural runoff occurring above the reservoir, will flow into and be sources for the reservoir. Applicants also plan to store water purchased or otherwise acquired from other reservoirs and sources in the Northeast Creek and Lake Canyon Creek drainages in the reservoir. All of these sources are tributary to Northeast Creek, tributary to East Creek, tributary to the Gunnison River. Appropriation Date: July 1, 2007; Amount Claimed: 306.8 a.f., cond; Uses: Irrigation purposes: Acres historically irrigated: 0; Acres proposed to be irrigated: Up to a max. of approx. 1,900 acres; Land to be irrigated will be land owned, in whole or in part, by one or more of the Applicants and located within the lands described on Exhibit B, attached to the Amended Application; Irrigation uses will include both irrigation of agricultural crops and the irrigation of aspen trees and other natural vegetation to create wildlife habitat. In addition the water in the reservoir will also be used for stockwatering, fire protection, piscatorial, recreation, and wildlife watering purposes, and the creation of natural riparian vegetation and habitat along the shores of the reservoir. Dam and Reservoir Information: Surface Area of High Water Line: approx. 23.5 acres; Maximum Height of Dam: 23.5 feet (to the spillway); Length of Dam: approx. 300 feet. Total Capacity: 306.8 a.f. Approx. 30 a.f. of water stored in the reservoir will be in dead storage. The remainder of the capacity of the reservoir will be active capacity. Name and address of owner of land Applicants own the land on which the water will be stored and used. Remarks: King Lake Reservoir is an existing reservoir. Applicants are rebuilding the dam and reservoir and are increasing the capacity of the reservoir. King Lake Reservoir has an existing decree, entered in Case No. W-731, District Court, Water Division 4, in the amount of 100 acre feet for recreation, stock water and fishing purposes. The purpose of this Application is to allow Applicants to store water in King Lake Reservoir under the priority, for the uses and from the sources claimed in this Application when water is available in priority and capacity is available in the reservoir.(7 pages). MESA COUNTY.

CASE NO. 2008CW155. Gunnison County, 750 Spring No. 1, a seep area comprised of four or more springs within a 20-foot radius of each other, tributary to the Little Cimarron River, a tributary of the Gunnison River, Water District 62. Montrose County, Butte Lake Springs 1 through 4 are each located along the southwest edge of Butte Lake and are tributary to the Big Cimarron River, a tributary of the Gunnison River, Water District 62. 1. Applicant: R & G Butte Rock Ranch, a Colorado limited liability company, c/o Mathis, Martin & Kidnay, P. O. Box 1487, Montrose, Colorado 81402, (970) 249-2546. 2. Attorney: Stephen M. Mathis, Mathis Martin & Kidnay, P.O. Box 1487, Montrose, CO 81402, (970) 249-2546 3. Type of application: Application for Water Rights (Surface). 4. Name of structures: 750 Spring No. 1 Butte Lake Spring No. 1 Butte Lake Spring No. 2 Butte Lake Spring No. 3 Butte Lake Spring No. 4 5. Locations: A. 750 Spring No. 1 is located in the SW1/4SE1/4 of Section 36, Township 48 North, Range 6 West, N.M.P.M., 975 feet from the south section line and 1943 feet from the east section line, Gunnison County, State of Colorado. B. Butte Lake Spring No. 1 is located in the NE1/4SE1/4 of Section 15, Township 47 North, Range 6 West, N.M.P.M., 1801 feet from the south section line and 1161 feet from the east section line, Montrose County, State of Colorado. C. Butte Lake Spring No. 2 is located in the NE1/4SE1/4 of Section 15, Township 47 North, Range 6 West, N.M.P.M., 1953 feet from the south section line and 1083 feet from the east section line, Montrose County, State of Colorado. D. Butte Lake Spring No. 3 is located in the NE1/4SE1/4 of Section 15, Township 47 North, Range 6 West, N.M.P.M., 1862 feet from the south section line and 885 feet from the east section line, Montrose County, State of Colorado. E. Butte Lake Spring No. 4 is located in the NE1/4SE1/4 of Section 15, Township 47 North, Range 6 West, N.M.P.M., 1884 feet from the south section line and 839 feet from the east section line, Montrose County, State of Colorado. 6. Drainage basin: Tributary to the Little Cimarron River (750 Spring No. 1) and to the Big Cimarron River (Butte Lake Springs 1 – 4), tributaries of the Gunnison River. 7. Quantity: 750 Spring No. 1 60 g.p.m., absolute Butte Lake Spring No. 1 15 g.p.m., absolute Butte Lake Spring No. 2 12 g.p.m., absolute Butte Lake Spring No. 3 4 g.p.m., absolute Butte Lake Spring No. 4 7 g.p.m., absolute 8. Type of use: As to 750 Spring No. 1, stockwatering and wildlife watering. As to Butte Lake Springs Nos. 1-4, stockwatering, piscatorial and wildlife watering. 9. Type of structure: Springs. 10. Additional information: See Application for Water Rights (Surface) filed with the Water Court, Division 4, for further details. GUNNISON AND MONTROSE COUNTIES.

CASE NO. 208CW156. TB Ranches, Inc., 1323 7745 Road, Crawford, CO 81415. Application for Surface Water Right and Water Storage Right: Application for Storage Right: TB Reservoir: SE ¼ SE ¼ of Section 14, T15S, R92W, 6th PM. 333 feet from the south section line and 321 feet from the east section line. Source: Cottonwood Creek and the North Fork of the Gunnison River. Appropriation Date: 07/15/2006. Amount Claimed: 12.00 acre-feet conditional for irrigation of 40 acres, stockwater and wildlife. Application for Surface Water Right: TB Reservoir Diversion: SE ¼ SE ¼ of Section 14, T15S, R92W, 6th PM. 228 feet from the south section line and 385 feet from the east section line. Source: Cottonwood Creek and the North Fork of the Gunnison River. Appropriation Date: 12/03/2008. Amount Claimed: 1.00 cfs conditional for irrigation of 50 acres. TB Spring No. 1: SE ¼ SE ¼ of Section 14, T15S, R92W, 6th PM. 523 feet from the south section line and 297 feet from the east section line. Source: Cottonwood Creek and the North Fork of the Gunnison River. Appropriation Date: 12/03/2008. Amount Claimed: .10 cfs conditional for irrigation of 10 acres. TB Reservoir and TB Spring No. 1 combined will irrigate 50 acres. TB Ditch: SW ¼ SE ¼ SW ¼ of Section 14, T15S, R92W, 6th PM. 338 feet from the south section line and 1,815 feet from the west section line. Source: Cottonwood Creek and the North Fork of the Gunnison River. Appropriation Date: 12/03/2008. Amount Claimed: 1.00 cfs conditional for irrigation of 20 acres. DELTA COUNTY.

CASE NO. 2008CW157 (REF NO. 01CW247). TB Ranches, Inc., 1323 7745 Road, Crawford, CO 81415. Application To Make Absolute: Drake Family Spring No. 1 – Legal Description as decreed - The seep area for the Drake Family Spring No. 1 is located within the NW ¼ SW ¼ of Section 14, T15S, R92W, 6th PM. and is located along a line between the two following points: the West end of the Drake Family Spring No. 1 lies at a point on the West line of said NW ¼ SW ¼ at a point 2,541 feet North of the Southwest corner of said Section 14 and the East end of said Spring No. 1 lies at a point 493 feet East of the West line of said Section 14 and 2,402 feet North of the South line of Said Section 14. - Drake Family Spring No. 2 - NW ¼ SW ¼ of Section 14, T15S, R92W, 6th PM. 2,366 feet north of the south section line and 534 feet east of the west section line. Drake Family Spring No. 3 - NW ¼ SW ¼ of Section 14, T15S, R92W, 6th PM. 1,787 feet from the south section line and 1,340 feet east of the west section line. Drake Family Spring No. 4 - NE¼ SW ¼ of Section 14, T15S, R92W, 6th PM. 1,590 feet from south section line and 1,574 feet from the west section line. Drake Family Spring No. 5 - SE ¼ SW ¼ of Section 14, T15S, R92W, 6th PM. 492 feet from the south section line and 1,536 from west section line. Drake Family Diversion No. 1 - SE ¼ SW ¼ of Section 14, T15S, R92W, 6th PM. Located on the south line of section 14 and 599 feet west of the S1/4 corner of section 14. Source: Cottonwood Creek and the North Fork of the Gunnison River for each structure. Appropriation Date: 12/24/2001 for each structure. Amount Claimed: .10 c.f.s.absolute for stockwater and wildlife for each structure. Irrigation use should be deleted for Drake Family Springs 1-4. No work has been done and there are no plans to develop Drake Family Spring No. 5 or Drake Family Diversion No. 1, therefore they should be abandoned. The Application on file with the Water Court contains a detailed outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2008CW158. Applicant: Slash Bar Seven, LLC. 17697 Highway 550, Montrose, CO 81401. Application for Surface and Storage Water Right: Surface Water Right: K&T Spring – NE ¼ NW ¼ of section 32, T46N, R9W, NMPM. 250 feet from the north section line and 500 feet from the west section line. Source: McKenzie Creek and the Uncompahgre River. Appropriation Date: 08/01/1950. Amount Claimed 15 gpm (0.0333 cfs) absolute for stockwater and conditional for domestic use in a single family dwelling. Smith Brother’s Spring – NE ¼ NE ¼ of section 32, T46N, R9W, NMPM. 750 feet from the north section line and 900 feet from the east section line. Source: McKenzie Creek and the Uncompahgre River. Appropriation Date: 08/01/1950. Amount Claimed 8 gpm (.018 cfs) absolute for stockwater and conditional for domestic use in a single family dwelling. Storage Water Right: Rollen’s Spring Pond – NW ¼ SW ¼ of section 32, T46N, R9W, NMPM. 500 feet from the north section line and 250 feet from the west section line. Source: McKenzie Creek and the Uncompahgre River. Appropriation Date: 06/07/1960. Amount Claimed .25 acre-feet absolute for stockwater. OURAY COUNTY.

CASE NO. 2008CW159. Case No. 2008CW159. Applicant: City of Ouray, P.O. Box 468, Ouray, Colorado 81427, by David L. Masters, The Masters Law Firm, L.L.C., 152 Colorado Avenue, Montrose, Colorado 81401, 970-249-2622. Application for Surface Water Right: Minion Spring #3 – NW¼SW¼ Section 31, Township 44 North, Range 7 West, New Mexico Principal Meridian, 1808 from the south section line and 255 from the west section line. Source: Canyon Creek, tributary to the Uncompahgre River. Appropriation Date: November 12, 2008. Amount Claimed: 0.03 c.f.s., conditional for recreational, geothermal, piscatorial, industrial and other beneficial uses. OURAY COUNTY

CASE NO. 2008CW160. Case No. 2008CW160. Minion #4 Applicant: City of Ouray, P.O. Box 468, Ouray, Colorado 81427, by David L. Masters, The Masters Law Firm, L.L.C., 152 Colorado Avenue, Montrose, Colorado 81401, 970-249-2622. Application for Surface Water Right: Minion Spring #4 – NW¼SW¼ Section 31, Township 44 North, Range 7 West, New Mexico Principal Meridian, 1720 from the south section line and 185 from the west section line. Source: Canyon Creek, tributary to the Uncompahgre River. Appropriation Date: November 12, 2008. Amount Claimed: 0.05 c.f.s., conditional for recreational, geothermal, piscatorial, industrial and other beneficial uses. OURAY COUNTY.

CASE NO. 2008CW161. Case No. 2008CW161. Applicant: City of Ouray, P.O. Box 468, Ouray, Colorado 81427, by David L. Masters, The Masters Law Firm, L.L.C., 152 Colorado Avenue, Montrose, Colorado 81401, 970-249-2622. Application for Surface Water Right: Peg Spring #1 – NW¼SW¼ Section 31, Township 44 North, Range 7 West, New Mexico Principal Meridian, 1791 from the south section line and 252 from the west section line. Source: Canyon Creek, tributary to the Uncompahgre River. Appropriation Date: November 12, 2008. Amount Claimed: 0.01 c.f.s., conditional for recreational, geothermal, piscatorial, industrial and other beneficial uses. OURAY COUNTY.

CASE NO. 2008CW162. Applicant: John B. Jurney, 16564 2500 Road, Cedaredge, CO 81413. Application for Surface Water Right: North Spring – SE ¼ NW ¼ of Section 26, T13S, R94W, 6th PM. 2,218 feet from the north line and 2,112 feet from the west section line. South Spring – SE ¼ NW ¼ of Section 26, T13S, R94W, 6th PM. 2,904 feet from the north section line and 1,690 feet from the west section line. Source: Dry Creek and the Gunnison River. Appropriation date: 08/29/2008. Amount Claimed .33 cfs conditional for irrigation of 20 acres and stockwater. DELTA COUNTY.

CASE NO. 2008CW163 (REF NO. 01CW108). Case No. 08CW163. Applicant: Hidden Mine Ranch, LLC, P.O. Box 2144, Crested Butte, CO 81224. Application: For Finding of Diligence. Name of Structures: Upper Janet Spring, Kevin Spring, Ross Spring and Lower Janet Spring. Locations: Gunnison County, Upper Janet Spring, SW¼ of the SW¼ of the NW¼, Section 14, Township 14 S., Range 86 W., 6th P.M. Distance from Section Lines: 2,640 feet South of the North section line and 316.8 feet East of the West section line; Gunnison County, Kevin Spring, SW¼ of the NW¼, Section 14, Township 14 S., Range 86 W., 6th P.M. Distance from Section Lines: 1,689.6 feet from South of the section line and 2,534.4 feet East of the section line in Section 14; Gunnison County, Ross Spring, SW¼ of the NW¼, Section 14, Township 14 S., Range 86 W., 6th P.M. Distance from Section Lines: 1,083.23 feet South of the section line and 580.8 feet East of the section line in Section 14; and Gunnison County, Lower Janet Spring, SW¼ of the NW¼, Section 14, Township 14 S., Range 86 W., 6th P.M. Distance from Section Lines: 1,531.2 feet South of the section line and 1,584 feet West of the section line in Section 14. Source: All Springs are tributary to Baxter Gulch, which is tributary to the Slate River, which is tributary to the East River, which is tributary to the Gunnison River. Appropriation Date: June 1, 2000 for all Springs. Amount Claimed: 1.0 cfs for the Upper Janet Spring; 0.1 cfs for the Keving Spring; 0.1 cfs for the Ross Spring; and 0.1 cfs for the Lower Janet Spring. The Application contains a detailed outline of the work performed during the previous diligence period. GUNNISON COUNTY.

CASE NO. 2008CW164. Applicant: Edward Boiani and Agusta M. Granzella Boiani, 20337 North Road, Eckert, CO 81418. Application for Surface Water Right: Boiani Spring – NE ¼ NE ¼ SW ¼ of Section 11, T14S, R95W, 6th PM. 2,406.21 feet from the south section line and 2,668.32 feet from the west section line. Source: Forked Tongue Creek and the Gunnison River. Appropriation Date: 03/19/2001. Amount Claimed: .03 cfs absolute for irrigation of 1 acre, wildlife, recreation and fire protection. DELTA COUNTY.

CASE NO. 2008CW165 (REF NO. 01CW227). Application to Make Absolute. Applicant: SOAP CREEK RANCH, LLC, a Colorado limited liability corporation, c/o Michael D. Durham, 5252 Lariat Drive, Castle Rock, CO 80101. (Send all pleadings and correspondence to John R. Hill, Jr., Bratton Hill, 232 West Tomichi Ave. Suite 202, Gunnison, CO 81230, (970) 641-1903. [email protected]). Original application 01CW227. (a) Rock Spring located in the SE¼SE¼ Section 20, Township 49 North, Range 4 West of the N.M.P.M. at a point approximately 1100 feet from the east line and 600 feet from the north line of said Section 20. (b) Gulch Spring North located in the SE¼NE¼ Section 20, Township 49 North, Range 4 West of the N.M.P.M. at a point approximately 1200 feet from the east line and 2100 feet from the north line of said Section 20. (c) Gulch Spring Middle located in the SE¼NE¼ Section 20, Township 49 North, Range 4 West of the N.M.P.M. at a point approximately 1200 feet from the east line and 2200 feet from the north line of said Section 20. (d) Gulch Spring South located in the SE¼NE¼ Section 20, Township 49 North, Range 4 West of the N.M.P.M. at a point approximately 1150 feet from the east line and 2300 feet from the north line of said Section 20. Source: Soap Creek, a tributary of the Gunnison River for all structures. Appropriation date: August 15, 2001 for all structures. Amount claimed: 0.015 cfs absolute for each structure for stockwater. Conditional rights were perfected by watering of lessee’s livestock. The application on file with the Water Court contains a detailed statement of the work done during the diligence period. GUNNISON COUNTY.

CASE NO. 2008CW166. Applicant: Spritzer’s Meadow, LLC, 723 N. 10th Street, Unit D, Gunnison, CO 81230. Application: For Approval of Plan for Augmentation. Name of Structures: Spritzer Well No. 1, Spritzer Well No.2, Spritzer Well No. 3, Spritzer Well No. 4, Spritzer Pond, and Spritzer Pond Diversion. Locations: Spritzer Well No. 1, Gunnison County, NE1/4SW1/4NW1/4, Section 13, Township 50 N., Range 1 W., N.M.P.M. Distance from Section Lines: 1,675 feet from the North section line and 936 feet from the West Section Line; Spritzer Well No. 2, Gunnison County, NE1/4SW1/4NW1/4, Section 13, Township 50 N., Range 1 W., N.M.P.M. Distance from Section Lines: 1,941 feet from the North section line and 949 feet from the West section line; Spritzer Well No. 3, Gunnison County, NE1/4SW1/4NW1/4, Section 13, Township 50 N., Range 1 W., N.M.P.M. Distance from Section Lines: 1,639 feet from the North Section Line and 1,323 feet from the West section line; Spritzer Well No. 4, Gunnison County, NE1/4SW1/4NW1/4, Section 13, Township 50 N., Range 1 W., N.M.P.M. Distance from Section Lines: 1,915 feet from the North section line and 1,298 feet from the West section line; Spritzer Pond, Gunnison County, SW1/4NW1/4, Section 13, Township 50 N., Range 1 W., N.M.P.M. Distance from Section Lines: 1,185 feet from the West section line and 1,435 feet from the North section line; and Spritzer Pond Diversion, Gunnison County, SW1/4NW1/4, Section 13, Township 50 N., Range 1 W., N.M.P.M. Distance from Section Lines: 2,034 feet from the West section line and 1,411 feet from the North section line. Source: Ohio Creek, a tributary of the Gunnison River. Appropriation Date: May 15, 1882. Amount Claimed: 0.485 acre feet for each Well; 0.679 acre feet for Spritzer Pond; and 0.5 cfs for the Spritzer Pond Diversion. The Application contains a detailed outline of the proposed Plan for Augmentation. GUNNISON COUNTY.

CASE NO. 2008CW167. Applicant: Lin Fehlmann and Robert Davis, 115 Marco Polo Road, Phoenix, AZ 85027. Application for Underground Water Right: Boblin Well – SW ¼ SE ¼ of Section 23, T46N, R17W, NMPM. 700 feet from the south section line and 1,400 feet from the east section line. Source: East Fork Paradox Creek and the Dolores River. Appropriation Date: 06/26/2006. Amount Claimed: 15 gpm absolute for irrigation of lawn and garden, domestic and fire protection of 2 single family dwellings, stockwater of livestock and domestic animals. MONTROSE COUNTY.

CASE NO. 2008CW168 DELTA COUNTY 1. Overland Ditch and Reservoir Company, 26083 Moss Rock Road, Hotchkiss CO 81419, Tom Howe, President 872-7373, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR SURFACE WATER RIGHT 2. Name of Structure: Overland Hydropower Diversion. 3. Legal Description: Located at the Leroux Creek Diversion of the Overland Ditch, in the SE1/4NW1/4, Section 16, Township 13 South, Range 93 West, 6th P.M., approximately 1804 feet south of the north section line and 1648 feet east of the west section line. The return from the power generation will be into Leroux Creek just above the headgate of the Highline Canal. 4. Date of Appropriation: November 5, 2008, by action of the Board of Directors of Applicant. 5. Amount: 20.0 c.f.s. 6. Use: Hydroelectric Power 8. Source of Water: Leroux Creek, tributary to the North Fork of the Gunnison River. DELTA COUNTY.

CASE NO. 2008CW169. MESA COUNTY, KANNAH CREEK, GUNNISON RIVER. M. A. Concrete Construction, Inc., Attn: Jay Inglehart, 2323 River Rd, Grand Junction, CO 81505, (970) 243-3221; with a copy to Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P. O. Box 338, Grand Junction, CO 81502, (970) 242-6262. APPLICATION FOR SURFACE WATER RIGHT AND WATER STORAGE RIGHT. FIRST CLAIM FOR RELIEF (Storage Right); Name of Structure: M.A. Concrete Pond; Legal Description: Located in NW1/4 NW1/4, Sec. 3, T. 3 S., R. 2 E., Ute Meridian at a point approx. 800 ft from the N. Sec. Line and 50 ft from the W. Sec. Line of Sec. 3. The M.A. Concrete Pond is an off-channel reservoir and will be filled by the M.A. Concrete Pond Feeder Pipeline described in the Second Claim for Relief, below. The maximum filling rate from such source will be 1.0 c.f.s. Source: Primary source of water will be Kannah Creek, tributary to the Gunnison River. This water will be diverted into the M.A. Concrete Pond using the M.A. Concrete Pond Feeder Pipeline described in the Second Claim for Relief. Applicant intends to purchase stored water from the City of Grand Junction, Colorado, which water will be released to Kannah Creek, diverted from Kannah Creek at the point of diversion of the M.A. Concrete Pond Feeder Pipeline, and piped to the M.A. Concrete Pond where it will be stored for use as described in the Application; Appropriation Date: May 1, 2008; Amount: 6.04 a.f., cond., together with the right to fill and refill the pond when water is available in priority in order to keep the Pond full. In addition, water purchased from the City of Grand Junction will be stored in the Pond, as described in the Application; Uses: industrial purposes at a gravel pit operated by Applicant, which industrial purposes will include without limitation dust control, construction and mining activities, and product processing. The legal description of the property on which the gravel pit is located is attached to the Application as Exhibit B. Dam and Reservoir Information: Surface area of high water line: Approximately 0.89 acres; Maximum Height of Dam: Approx. four feet above natural grade. A portion of the M.A. Concrete Pond will be excavated below natural grade. The pond will be lined to prevent infiltration of groundwater and/or losses due to seepage from the pond; Length of Dam: The dam is a berm that surrounds the pond. The total length of the berm, at the top of the berm, is approximately 925 feet; Total Capacity: 6.04 acre feet. Of this amount, 5.9 acre feet will be active capacity, and 0.14 acre feet will be dead storage. The M.A. Concrete Pond will be located on land owned by Martin and Donna L. Azcarraga, P.O. Box 2072, Grand Junction, CO 81502-2072. SECOND CLAIM FOR RELIEF (Surface Water Right): Name: M.A. Concrete Pond Feeder Pipeline; Legal: The point of diversion of the M.A. Concrete Pond Feeder Pipeline is located in the NW1/4 NW1/4 of Sec. 3, T. 3 S., R. 2 E., Ute Meridian at a point approx. 550 feet from the N. Sec. Line and 1,200 ft from the W. Sec. Line of Sec. 3. Source: Kannah Creek, tributary to the Gunnison River; Appropriation Date: May 1, 2008; Amount: 1.0 c.f.s., conditional. Uses: Water diverted under this water right will be used to fill, and will be stored in, the M.A. Concrete Pond, described in the First Claim for Relief. Such water will be used for the purposes described above for the M.A. Concrete Pond. The point of diversion of the M.A. Concrete Pond Feeder Pipeline is located on lands owned by Martin and Donna L. Azcarraga, P.O. Box 2072, Grand Junction, CO 81502-2072. MESA COUNTY.

CASE NO. 2008CW170. Applicant: Jack Petrucelli, P. O. Box 381, Ridgway, CO 81432. Application for Surface and Storage Water Rights and Augmentation. Surface Water Right: Petrucelli Diversion – SW ¼ SE ¼ of Section 6, T47N, R8W, NMPM. 842 feet north of the south section line and 1,811 feet west of the east section line. Source: Uncompahgre River. Appropriation Date: 07/01/1994. Amount Claimed: 1.50 cfs absolute for piscatorial, wildlife, stockwater, irrigation and fire protection. Storage Water Right: Petrucelli Pond – SW ¼ SE ¼ of Section 6, T47N, R8W, NMPM. 1,215 feet north of the south section line and 2,035 feet west of the east section line. Source: Uncompahgre River. Appropriation Date: 07/01/1994. Amount Claimed: 5.4 acre-feet absolute to fill Petrucelli Diversion. Plan for Augmentation: Name of Structure to be augmented: Petrucelli Pond. Previous Decrees for water to be used for augmentation: None. Historic Use: the Pond has been filled and re-filled diverting flows from the Uncompahgre River prior to 1994 thru the present. Year round diversions have been maintained to sustain fish life. Statement for Plan of Augmentation: The augmentation plan will reduce the surface elevation of the Petrucelli Pond, returning flows to the Uncompahgre River, to augment evaporative depletion during call periods. A lockable gate valve and Parshall flume at the inlet and a lockable Agri Drain valve at the outlet will be installed to comply with Colorado Division of Water Resources regulations for water management. Please see evaporative depletion and capacity stage tables. Remarks or other pertinent information: The diversion and pond were in existence many years prior to the applicants purchase in 1994. The historic inlet and outlet were simple structures with no measuring device. The applicant has purchased new lockable gates and valves and a measuring flume. The applicant irrigates 5.0 acres of land surrounding the pond with a portable gas powered pump to grow and maintain trees, shrubs, forbs and grasses for aesthetic and wildlife purposes. Approximately 20 goats are pastured on the property during the summer months to controls weeds. Water consumption by the goats is approximately 1000 gallons during the grazing season. Once the pond is filled, the volume of flow is needed to maintain the dissolved oxygen level of the pond and to protect the biological parameters necessary to maintain trout during the critical low oxygen periods. The bottom of the pond is sealed with several feet of sediments including decayed Mancos shale clays. Evaporation is the primary water loss once the pond is filled. APPENDIX B EVAPORATIVE DEPLETIONS FROM PETRUCELLI POND Month Net Evaporation/Mo. Inches* Petrucelli Pond Net Evaporation** January 0.48 0.04 February 0.76 0.07 March 2.11 0.19 April 3.36 0.30 May 4.79 0.43 June 6.18 0.55 July 5.87 0.52 August 4.51 0.40 September 3.35 0.30 October 1.77 0.16 November 0.69 0.06 December 0.42 0.04 TOTAL 34.29” 3.06 AF *Monthly gross lake evaporation minus effective precipitation in inches for the vicinity of Montrose, Colorado ** Petrucelli Pond net evaporative losses by month in acre feet. APPENDIX C STAGE CAPACITY CHART FOR PETRUCELLI POND(Pond Capacity per 1’ Release Intervals Total Capacity: 5.4 acre feet @ 7’ depth) Depth Acre Feet Storage 7’ 1.01 6’ 0.97 5’ 0.93 4’ 0.85 3’ 0.74 2’ 0.59 1’ 0.31 Total Storage 5.40 AF MONTROSE COUNTY.

CASE NO. 2008CW171 (REF NO. 02CW90). Applicant: Adam Silverstein, P. O. Box 969, Hotchkiss, CO 81419. Application To Make Absolute: Powell Mesa Spring – NW ¼ NE ¼ NE ¼ of Section 19, T14S, R92W, 6th PM. 250 feet from the north section line and 1,100 feet from the east section line. Source: Leroux Creek and the North Fork of the Gunnison River. Appropriation Date: 03/01/2002. Amount Claimed: .033 cfs absolute for domestic use in three single family dwellings. The application on file with the Water Court contains a detailed outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2008CW172 (REF NO. 00CW125). Application for Due Diligence and to Make a Conditional Water Right Absolute. Applicants: Kriss Burwell and Dawn Burwell, c/o Deneen & Associates, PC. P.O. Box 3679, Montrose, CO 81402. Source of water: Gill Creek, West Creek and the Dolores River. The water rights are as follows: (1) Application to make absolute. Burwell Spring No. 1 is 1550 feet west of the east section line of Section 28 and 1200 feet north of the south section line of Sec. 28 in the SW4SE4 of Section 28 T15S, R101W, 6thPM., Appropriation Date: January 1, 1930, Adjudicated in 2000. Amount: .03 cfs for domestic use. (2) Application to make absolute. Burwell Spring No. 2 is 1550 feet west of the east section line of Section 28 and 900 feet north of the south section line of Sec. 28, in the SW4SE4 of Section 28 T15S, R101W, 6thPM. Appropriation Date: January 1, 1930, Adjudicated in 2000. Amount: .03 cfs for domestic and stockwatering. (3) Application to make absolute or for due diligence. Burwell Pond No. 2 is 600 feet east of the west section line of Section 27 and 1400 feet north of the south section line of Section 27 in the NW4SW4 of Section 27 T15S, R101W, 6thPM. Appropriation Date: July 1, 2000, Adjudicated in 2000. 1 acre-foot of storage and 2 cfs to irrigate 80 acres. All in MESA COUNTY.

CASE NO. 2008CW173. Christopher Charlton, 344 Provencal Road, Grosse Pointe Farms, MI 48236, through attorneys: PETROCK & FENDEL, P.C., Frederick A. Fendel, III, Atty. Reg., 10476, 700 17the Street, Suite 1800, Denver, CO 80202,Telephone (303) 534-0702. APPLICATION FOR WATER RIGHTS, IN SAN MIGUEL COUNTY. 2. Structures: Charlton Pond No. 1 and Charlton Pond No. 2, located on Lot 7, Sunnyside Ranch at Telluride West, in section 28, Township 43 North, Range 9 West, N.M.P.M., San Miguel County, as follows: Charlton Pond No. 1: located at a point in the NE ¼ SE ¼ of Section 28, Township 43 North, Range 9 West of the P.M. approximately 2,460 feet from the south section line and 1,030 feet from the east section line of said Section 28. Charlton Pond No. 2: located at a point in the SW ¼ NE ¼ of Section 28, Township 43 North, Range 9 West of the P.M. approximately 2,270 feet from the north section line and 1,705 feet from the east section line of said Section 28. 3. Point of diversion: Conley Ditch, located at a point in the NW¼ NE¼ §28, Township 43 North, Range 9 West, N.M.P.M., San Miguel County approximately 100 feet from the north section line and 1335 feet from the east section line. Water is diverted through the Conley Ditch to a point at or upditch of Sunnyside Pond No. 1, also located on Lot 7, Sunnyside Ranch at Telluride West, and from there will be pumped to Charlton Pond No. 2 and Charlton Pond No. 1. 4. Source: East Remine Creek and areas tributary to the ponds. 5. Priority date: December 23, 2008. 6. Amount: Pond No. 1: 0.60 acre feet, conditional. Fill rate 0.25 cfs. Active capacity 0.60 acre feet; dead storage 0.0 acre feet. Pond No. 2: 0.41 acre feet, conditional. Fill rate 0.25 cfs. Active capacity 0.41 acre feet; dead storage 0.0 acre feet. Water in excess of the claimed volumes may be diverted continuously when in priority to refill both ponds to maintain water levels and replace evaporation losses.7. Uses: Recreation, piscatorial, wildlife habitat, aesthetic in the two ponds and associated water features. Water will be pumped from Pond No. 1 and circulated through adjacent water features.8. Pond No. 1: area at high water line: 0.13 acres; height of dam: less than 10 feet; length of dam: 275 feet. Pond No. 2: area at high water line: 0.09 acres; height of dam: less than 10 feet; length of dam: 140 feet. 9. Alternate places of storage: Water initially stored in Pond No. 2 may be moved to storage in Pond No. 1, and vice versa. 10. Owners of land on which structures are located: Charlton Pond No. 1 and 2, including the dams, storage pools and adjacent water features, are located entirely on land owned by Applicant. The Conley Ditch is located in an easement owned by the Sunnyside Ranch at Telluride West Homeowners Association. 11. To the extent, if any, water is stored and beneficially used while this case is pending, some or all of the water rights may be claimed as absolute without further publication of notice. SAN MIGUEL COUNTY.

CASE NO. 208CW174. APPLICATIONS FOR WATER RIGHTS (SURFACE); SAN MIGUEL COUNTY. 1. Name, address and phone number of applicant: United States of America, c/o Thomas R. Graf, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353, extension 551. 2. Name of structures: McKee Spring 3. Legal description of each point of diversion: Located on public land in the SW/4 SW/4 (Lot 4), Section 31, T45N R13W, New Mexico P.M., approximately 500 feet north of the south section line, and 1025 feet east of the west section line. 732542mE 4220581mN NAD 83 Zone 12S. 4. Source: McKee Draw/Naturita Creek/San Miguel River/Dolores River 5. A. Dates of appropriation: 04/01/1946 B. How appropriation was initiated: The United States authorized use of the McKee Gulch Allotment by grazing permittees. BLM personnel also inventoried the quantity and quality of water available for livestock and wildlife use. B. Date water applied to beneficial use: 04/01/1946 6. Amount claimed: 0.033 cfs, absolute 7. Use(s): livestockwatering, wildlife watering. The springs provide water for up to 60 cattle on the McKee Draw Allotment. The springs also provide water for elk, deer, and small mammals. 8. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Uncompahgre Field Office, 2505 S. Townsend Ave., Montrose, Colorado 81401. SAN MIGUEL COUNTY.

CASE NO. 2008CW175. APPLICATION FOR UNDERGROUND WATER RIGHT; MONTROSE COUNTY 1. Name, address, telephone number of applicant: United States of America, c/o Thomas R. Graf, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO, 80215. Telephone (303) 231-5353, extension 551 2. Name of structure: Paradox Well 3. Well Permit Number: 258704 4. Legal description of point of diversion: Located on public lands in the NW/4 SW/4, Section 23, T46N R17W, New Mexico P.M., approximately 2,085 feet north of the south section line and 1,322 feet east of the west section line. UTM Coordinates: 174490mE 4236982mN, NAD 27, Zone 13. There is no street address for this well. 5. Source: Entrada Formation Sandstone. The well is 280 feet in depth. 6. A. Date of appropriation: 08/17/2004 B. How appropriation was initiated: The well was constructed and a well permit was granted by the Colorado Division of Water Resources. C. Date water applied to beneficial use: 08/17/2004 7. Amount claimed: 15 gallons per minute; 3.5 acre feet annually 8. Uses: livestockwatering 9. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Uncompahgre Field Office, 2505 South Townsend Ave., Montrose, CO 81401. MONTROSE COUNTY.

CASE NO. 2008CW176. GUNNISON AND SAGUACHE COUNTIES – APPLICATION FOR WATER RIGHTS (SURFACE) - 1. Name, address and phone number of applicant: United States of America, c/o Thomas R. Graf, Special Assistant United States Attorney, Office of the Solicitor, U.S. Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353, extension 551. 2. Name of structure: Juniper-Fir Spring, Rotten Rock Spring. 3. Legal description of each point of diversion: All UTM data are from Zone 13 and use the NAD 83 (CONUS) Datum. Juniper-Fir Spring: Located on public land in the SE/4 SE/4 NW/4, Section 15, T48N R2E, New Mexico P.M.,approximately 2185 feet south of the north section line, and 2625 feet east of the west section line. 348259 mE 4254192 mN. Rotten Rock Spring: Located on public land in the NW/4 NW/4 NW/4, Section 13, T48N R2E, New Mexico P.M., approximately 537 feet south of the north section line, and 28 feet east of the west section line. 350732 mE 4254642 mN. 4. Source: Juniper-Fir Spring: Unnamed tributary to Cochetopa Creek/Tomichi Creek/Gunnison River. Rotten Rock Spring: Unnamed tributary to Houston Gulch/Tomichi Creek/Gunnison River 5. A. Dates of appropriation: June 28, 1934 B. How appropriation was initiated: The United States authorized use of the South Parlin allotment number 6317 and its associated water sources by grazing permittees. C. Date water applied to beneficial use: June 28, 1934 6. Amount claimed: Juniper-Fir Spring: 0.0045 cfs, absolute. Rotten Rock Spring: 0.0006 cfs, absolute. 7. Use(s): wildlife watering, livestockwatering The springs provide water for up to 559 cattle on the South Parlin allotment number 6317. The springs provide water for elk, deer, birds, pronghorn antelope, and small mammals. 8.Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Gunnison Field Office, 216 N. Colorado, Gunnison, Colorado 81230. GUNNISON AND SUGUACHE COUNTIES.

CASE NO. 2008CW177. HINSDALE AND OURAY COUNTIES – APPLICATION FOR WATER RIGHTS (SURFACE) - 1. Name, address and phone number of applicant: United States of America, c/o Thomas R. Graf, Special Assistant United States Attorney, Office of the Solicitor, U.S. Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215, Telephone (303) 231-5353, extension 551. 2. Name of structure: King Marmot Spring, Pink Pika Spring, Irish Spring, Snazzelberry Spring, Ouray Spring No. 2, Ouray Spring No. 1. 3. Legal description of each point of diversion: All UTM data are from Zone 13 and use the NAD 83 (CONUS) Datum. King Marmot Spring: Located on public land in the NE/4 SE/4 NE/4, Section 13, T43N R7W, New Mexico P.M., approximately 1541 feet south of the north section line, and 481 feet west of the east section line. 273429mE 4207633mN. Pink Pika Spring: Located on public land in the NW/4 SE/4 NE/4, Section 13, T43N R7W, New Mexico P.M., approximately 1708 feet south of the north section line, and 848 feet west of the east section line. 273316mE 4207587mN. Irish Spring: Located on public land in the NE/4 NW/4 SE/4, Section 13, T43N R7W, New Mexico P.M., approximately 2444 feet north of the south section line, and 1619 feet west of the east section line. 273072mE 4207239mN. Snazzelberry Spring: Located on public land in the SW/4 SW/4 NW/4, Section 18, T43N R6W, New Mexico P.M., approximately 2261 feet south of the north section line, and 374 feet east of the west section line. 273684mE 4207404mN. Ouray Spring No. 2: Located on public land in the SE/4 NE/4 NW/4, Section 24, T43N R7W, New Mexico P.M., approximately 1050 feet south of the north section line, and 1943 feet east of the west section line. 272547mE 4206189mN. Ouray Spring No. 1: Located on public land in the NW/4 NE/4 NW/4, Section 24, T43N R7W, New Mexico P.M., approximately 492 feet south of the north section line, and 1737 feet east of the west section line. 272488mE 4206361mN. 4. Source: King Marmot Spring: Unnamed tributary to Henson Creek/Lake Fork of the Gunnison River/Gunnison River. Pink Pika Spring: Unnamed tributary to Henson Creek/Lake Fork of the Gunnison River/Gunnison River. Irish Spring: Unnamed tributary to Henson Creek/Lake Fork of the Gunnison River/Gunnison River. Snazzelberry Spring: Unnamed tributary to Henson Creek/Lake Fork of the Gunnison River/Gunnison River. Ouray Spring No. 2: Unnamed tributary to Bear Creek/Uncompahgre River. Ouray Spring No. 1: Unnamed tributary to Bear Creek/Uncompahgre River. 5. A. Dates of appropriation: June 28, 1934. B. How appropriation was initiated: The United States authorized use of the American Flats allotment number 6507 and its associated water sources by grazing permittees. B. Date water applied to beneficial use: June 28, 1934. 6. Amount claimed: King Marmot Spring: 0.0222 cfs, absolute. Pink Pika Spring: 0.0178 cfs, absolute. Irish Spring: 0.0111 cfs, absolute. Snazzelberry Spring: 0.0223 cfs, absolute. Ouray Spring No. 2: 0.0111 cfs, absolute. Ouray Spring No. 1: 0.0045 cfs, absolute. 7. Use(s): livestockwatering, wildlife watering. The springs provide water for up to 550 sheep on the American Flats allotment number 6507. The springs provide water for elk, deer, bighorn sheep, birds, and small mammals. 8. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Gunnison Field Office, 216 N. Colorado, Gunnison, Colorado 81230. HINSDALE AND OURAY COUNTIES.

CASE NO. 2008CW178. HINSDALE COUNTY – APPLICATION FOR WATER RIGHTS (SURFACE) - 1. Name, address and phone number of applicant: United States of America, c/o Thomas R. Graf, Special Assistant United States Attorney, Office of the Solicitor, U.S. Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 15, Lakewood, CO, 80215, Telephone (303) 231-5353, extension 551. 2. Name of structure: Packer’s Spring, Rock Creek Spring, Spanky Spring, Cleveland Gulch Spring 2, Gridiron Spring 5, Gridiron Spring 2, Alfred’s Spring, Cool Spring, Cleveland Seep 4, Yabadabadoo Spring. 3. Legal description of each point of diversion: All UTM data are from Zone 13 and use the NAD 83 (CONUS) Datum. Packer’s Spring: Located on public land in the NW/4 SW/4 SW/4, Section 25, T43N R6W, New Mexico P.M., approximately 1216 feet north of the south section line, and 236 feet east of the west section line. 281760 mE 4203365 mN. Rock Creek Spring: Located on public land in the SW/4 NW/4 SW/4, Section 25, T43N R6W, New Mexico P.M., approximately 1875 feet north of the south section line, and 35 feet east of the west section line. 281705 mE 4203567 mN. Spanky Spring: Located on public land in the NW/4 SW/4 SW/4, Section 20, T43N R6W, New Mexico P.M., approximately 952 feet north of the south section line, and 116 feet east of the west section line. 275150 mE 4205112 mN. Cleveland Gulch Spring 2: Located on public land in the NW/4 NE/4 NE/4, Section 33, T43N R6W, New Mexico P.M., approximately 567 feet south of the north section line, and 1227 feet west of the east section line. 277890 mE 4202954 mN. Gridiron Spring 5: Located on public land in the SW/4 NE/4 NE/4, Section 33, T43N R6W, New Mexico P.M., approximately 830 feet south of the north section line, and 1259 feet west of the east section line. 277878 mE 4202874 mN. Gridiron Spring 2: Located on public land in the SW/4 NE/4 NE/4, Section 33, T43N R6W, New Mexico P.M., approximately 1283 feet south of the north section line, and 939 feet west of the east section line. 277972 mE 4202733 mN. Alfred’s Spring: Located on public land in the SE/4 NE/4 NE/4, Section 33, T43N R6W, New Mexico P.M., approximately 735 feet south of the north section line, and 402 feet west of the east section line. 278140 mE 4202895 mN. Cool Spring: Located on public land in the SW/4 NW/4 NW/4, Section 34, T43N R6W, New Mexico P.M., approximately 874 feet south of the north section line, and 78 feet east of the west section line. 278285 mE 4202848 mN Cleveland Seep 4: Located on public land in the NW/4 NW/4 NW/4, Section 34, T43N R6W, New Mexico P.M., approximately 346 feet south of the north section line, and 543 feet east of the west section line. 278431 mE 4203004 mN. Yabadabadoo Spring: Located on public land in the NE/4 SW/4 NW/4, Section 34, T43N R6W, New Mexico P.M., approximately 1393 feet south of the north section line, and 1040 feet east of the west section line. 278574 mE 4202680 mN. 4. Source: Packer’s Spring: Unnamed tributary to Rock Creek/Lake Fork of the Gunnison/Gunnison River. Rock Creek Spring: Rock Creek/Lake Fork of the Gunnison/Gunnison River. Spanky Spring: Unnamed tributary to Schafer Gulch/Henson Creek/Lake Fork of the Gunnison/Gunnison River. Cleveland Gulch Spring 2: Unnamed tributary to Cleveland Gulch/Lake Fork of the Gunnison/Gunnison River. Gridiron Spring 5: Unnamed tributary to Cleveland Gulch/Lake Fork of the Gunnison/Gunnison River. Gridiron Spring 2: Unnamed tributary to Cleveland Gulch/Lake Fork of the Gunnison/Gunnison River. Alfred’s Spring: Unnamed tributary to Cleveland Gulch/Lake Fork of the Gunnison/Gunnison River. Cool Spring: Unnamed tributary to Cleveland Gulch/Lake Fork of the Gunnison/Gunnison River. Cleveland Seep 4: Unnamed tributary to Cleveland Gulch/Lake Fork of the Gunnison/Gunnison River. Yabadabadoo Spring: Unnamed tributary to Cleveland Gulch/Lake Fork of the Gunnison/Gunnison River. 5. A. Dates of appropriation: 06/28/1934. B. How appropriation was initiated: The BLM authorized use of the Upper Burrows Park Grazing Allotment 6506 and its associated water sources by grazing permittees. C. Date water applied to beneficial use: 06/28/1934 6. Amount claimed: Packer’s Spring: 0.0111 cfs, absolute. Rock Creek Spring: 0.0223 cfs, absolute. Spanky Spring: 0.0891 cfs, absolute. Cleveland Gulch Spring 2: 0.0334 cfs, absolute. Gridiron Spring 5: 0.0223 cfs, absolute. Gridiron Spring 2: 0.0178 cfs, absolute. Alfred’s Spring: 0.0089 cfs, absolute. Cool Spring: 0.0156 cfs, absolute. Cleveland Seep 4: 0.0033 cfs, absolute. Yabadabadoo Spring: 0.0223 cfs, absolute. 7. Use(s): livestockwatering, wildlife watering. The springs provide water for a herd of up to 1355 sheep on the Upper Burrows Park Allotment 6506. The springs also provide drinking water, forage, habitat, and cover for a variety of wildlife species, including elk, deer, bighorn sheep, small mammals, and birds. 8. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Gunnison Field Office, 216 N. Colorado, Gunnison, Colorado 81230. HINSDALE COUNTY.

CASE NO. 2008CW179. HINSDALE COUNTY – APPLICATION FOR WATER RIGHTS (SURFACE) - 1. Name, address and phone number of applicant: United States of America, c/o Thomas R. Graf, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO, 80215, Telephone (303) 231-5353, extension 551. 2. Name of structure: Upper Hurricane Spring, Hurricane Spring, Alpine Crawdad Spring, White Fox, Buckwheat Spring, Moe’s Spring 3. Legal description of each point of diversion: All UTM data are from Zone 13 and use the NAD 83 (CONUS) Datum. Upper Hurricane Spring: Located on public land in the SW/4 NE/4 SE/4, Section 29, T43N R6W, New Mexico P.M., approximately 1483 feet north of the south section line, and 1273 feet west of the east section line. 276279mE 4203631Mn. Hurricane Spring: Located on public land in the NW/4 NW/4 SE/4, Section 29, T43N R6W, New Mexico P.M., approximately 2623 feet south of the north section line, and 2234 feet west of the east section line. 275994 mE 4203993mN. Alpine Crawdad Spring: Located on public land in the SE/4 SW/4 NW/4, Section 29, T43N R6W, New Mexico P.M., approximately 2089 feet south of the north section line, and 923 feet east of the west section line. 275371 mE 4204177 mN. White Fox Spring: Located on public land in the NE/4 SW/4 NW/4, Section 29, T43N R6W, New Mexico P.M., approximately 1825 feet south of the north section line, and 861 feet east of the west section line. 275354 mE 4204258 mN. Buckwheat Spring: Located on public land in the NW/4 NE/4 NW/4, Section 29, T43N R6W, New Mexico P.M., approximately 202 feet south of the north section line, and 1861 feet east of the west section line. 275672 mE 4204742 mN. Moe’s Spring: Located on public land in the NE/4 SE/4 SE/4, Section 19, T43N R6W, New Mexico P.M., approximately 745 feet north of the south section line, and 174 feet west of the east section line. 275060 mE 4205052 mN. 4. Source: All springs - unnamed tributaries to Schafer Gulch/Henson Creek/Lake Fork of the Gunnison/Gunnison River. 5. A. Dates of appropriation: 06/28/1934 B. How appropriation was initiated: The United States authorized use of the Henson Creek Allotment number 6504 and its associated water sources by grazing permittees. C. Date water applied to beneficial use: 06/28/1934. 6. Amount claimed: Upper Hurricane Spring: 0.0223 cfs, absolute, Hurricane Spring: 0.0668 cfs, absolute, Alpine Crawdad Spring: 0.0446 cfs, absolute, White Fox Spring: 0.0223 cfs, absolute, Buckwheat Spring: 0.0011 cfs, absolute, Moe’s Spring: 0.0446 cfs, absolute. 7. Use(s): wildlife watering, livestockwatering. The springs provide water for up to 980 sheep on the Henson Creek Allotment number 6504. The springs provide water for elk, deer, bighorn sheep, birds, and small mammals. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Gunnison Field Office, 216 N. Colorado, Gunnison, Colorado 81230. HINSDALE COUNTY.

CASE NO. 2008CW180. District Court, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401. Name, address and telephone number of Applicant: Jackson- Shaw / Taylor River Ranch, LLC a Colorado limited liability company, 4890 Alpha Road, Suite 100, Dallas, TX 75244, (972) 628-7429. (Send all pleadings to John R. Hill, Jr., Bratton Hill Wilderson & Lock, LLC, 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230 (970) 641-1903). Description of the project: The setting: Taylor River Ranch is a proposed housing and recreational development which will require water for domestic, fishery, aesthetic, fire protection, irrigation, livestock, and commercial purposes. Taylor River Ranch is located approximately 15 miles northeast of the City of Gunnison in Gunnison County, Colorado in the Taylor River Canyon downstream of the confluence with Spring Creek. The property is approximately 2,000 acres in size. The existing land use for the project area is agriculture (hay production and livestock grazing). Existing vegetation on the project area is irrigated hay meadow (approximately 305 acres), with the remainder being non- irrigated native grass, brush, and woodland. Residential Lots and Ranch Headquarters: Currently there are 27 platted lots on the property, 24 of which are individual residential lots, each 35-acres or larger, and 3 common use lots. Applicant plans to add 4 additional residential lots. Each residential lot will have no more than 3 residences and up to one acre of lawn and garden will be served by an exempt well. Lots with more than one acre of irrigation will be irrigated with surface water in addition to well water. Well permits will be acquired for the individual residential lots prior to construction of any wells. A new ranch headquarters will be constructed on a 35-acre parcel which currently has an exempt well permit. Owners Complex: An owners complex will be constructed on a 35-acre lot to be known as the owners lot. The owners complex will require a non- exempt well which will provide water for domestic, irrigation, and commercial uses for the residents of Taylor River Ranch and their guests. This well will require a well permit and an approved plan for augmentation. Amenities: Two lined stream channels and ten lined ponds will be constructed on the property for piscatorial, aesthetic, recreational, irrigation, stockwater, augmentation, and fire protection purposes. The streams and ponds will require augmentation to replace depletions due to evaporation. The ponds will require storage rights for initial fill and for refill when drained for maintenance. Ranch Operations: The ranch will continue to be irrigated for pasture and production of hay, except for areas dried up as a result of construction of roads, buildings, and other amenities. CLAIM NO. 1 (Application for Conditional Underground Water Right B Owners Well) Name of Well: Owners Well. Legal description of well: At a point in the SE1/4SE1/4 Section 29, Township 15 South, Range 84 West, 6th P.M. approximately 715 feet from the south line and 550 feet from the east line of said Section 29. Source: Taylor River Alluvium. Depth: To be determined. Date of appropriation: December 29, 2008. How appropriation was initiated: Formation of intent to appropriate manifested by filing of application for conditional water right. Amount claimed: 30 gpm conditional. Proposed use: a.)Irrigation: 20,000 square feet of lawn and garden located in the SE1/4SE1/4, Section 29, Township 15 South, Range 84 West, 6th P.M. b.) Non- irrigation: Domestic for two private seasonal cabins. Commercial for the following private facilities: 3000 square foot club house, 1400 square foot Spa & Fitness Center, 1200 square foot recreation cabin, 500 square foot picnic structure with unisex toilet, and 1400 square foot outdoor swimming pool. One annual filling of swimming pool (pool volume equals 8400 cubic-feet). CLAIM NO. 2 (Application for Absolute Surface Right B Rarick Irrigating Ditch) Name of structure: Rarick Irrigating Ditch. Description of point of diversion: At the intersection of Rarick Gulch with the Spring Creek Irrigating Ditch in the SW1/4NE1/4, Section 28, Township 15 South, Range 84 West, 6th P.M., at a point approximately 1557 feet from the north line and 2243 feet from the east line of said Section 29. Source: Rarick Gulch, tributary to the Taylor River. Amount claimed: 25 cfs, absolute. Date of appropriation: June 1,1891 based upon date of appropriation for Spring Creek Irrigating Ditch. How appropriation was initiated: Actual beneficial use of the claimed water for irrigation resulting from the Spring Creek Irrigating Ditch intercepting the flow of Rarick Gulch and distributing it through the Spring Creek Irrigating Ditch and irrigation of land under that ditch. Date water applied to beneficial use: June 1, 1891. Use: Irrigation. Number of acres historically irrigated: 144 acres. Legal description of irrigated acreage: SE1/4NW1/4, SW1/4NE1/4 and SW1/4, Section 28; SE1/4, Section 29, Township 15 South, Range 84 West, 6th P.M. Remarks: Spring Creek Irrigating Ditch has diverted the flow of Rarick Gulch for irrigation ever since the construction of the ditch intercepted the gulch. CLAIM NO. 3 (Application for Conditional Surface Right B Spring Creek Irrigating Ditch Second Enlargement) Name of structure: Spring Creek Irrigating Ditch Second Enlargement. Description of point of diversion: At the headgate of the Spring Creek Irrigating Ditch in the NW1/4SW1/4, Section 22, Township 15 South, Range 84 West, 6th P.M. The decreed location for the headgate of the Spring Creek Irrigating Ditch is on the right bank of Spring Creek, at a point from which the northeast corner Section 25, Township 15 South, Range 85 West, 6th P.M., bears S 84° 20’ W, 3 miles and 21 chains (17,226 feet). An alternate point of diversion for the Spring Creek Irrigating Ditch Second Enlargement is at the headgate of the Rarick Irrigating Ditch which is located at the intersection of the Spring Creek Irrigating Ditch with Rarick Gulch in the SW1/4NE1/4, Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately1557 feet from the north section line, and 2243 feet from the east section line of said Section 28. Source of primary point of diversion: Spring Creek, tributary to the Taylor River. Source of alternate point of diversion: Rarick Gulch, tributary to the Taylor River. Amount claimed: 30 cfs, conditional. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Proposed use: Piscatorial, recreation, aesthetic and to fill and maintain the levels in Ponds A - F. Remarks: a.) Water diverted by the Spring Creek Irrigating Ditch Second Enlargement will flow down the existing Spring Creek Irrigating Ditch for a distance of approximately 7,000 feet, and then at the confluence with Rarick Gulch continue into a newly constructed channel known as the Fishing Stream on property owned by the applicant. Water will also flow from the Ditch into a newly constructed channel known as the Amenity Stream on property owned by the applicant. The Spring Creek Irrigating Ditch Second Enlargement will be used during the irrigation season to the extent and at such times that ditch capacity is available over and above the amounts diverted for presently decreed irrigation use, and during the non-irrigation season when ditch and headgate conditions are suitable. b.) The capacity of the Fishing Stream will be 35 cfs and the capacity of the Amenity Stream will be 5 cfs. c.) The point at which water diverted by the Spring Creek Irrigating Ditch Second Enlargement will return to the Taylor River will be located at the terminus of the Fishing Stream where it joins the Taylor River in the SW1/4SE1/4, Section 29, Township 15 South, Range 84 West, 6th P.M. at a point approximately 31 feet from the south section line and 1421 feet from the east section line of said Section 29. CLAIM NO. 4 Application for Conditional Surface Right B Taylor Pipeline) Name of structure: Taylor Pipeline. Description of point of diversion: The intake for the Taylor Pipeline will be located on the right bank of the Taylor River within the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 2511 feet from the south section line, and 604 feet from the east section line of said Section 28. Source: Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 10 cfs conditional. Proposed use: Piscatorial, recreation, aesthetic and to fill and maintain the levels in Ponds A - F. Remarks: a.) The Taylor Pipeline will be used to pump, transport and discharge water to two locations: 1) Into the beginning of the Fishing Stream, and 2) Into a southern lateral of the Spring Creek Irrigating Ditch, which water will then flow into a constructed channel known as the Amenity Stream. b.) The point of discharge of the Taylor Pipeline into the beginning of the Fishing Stream will be located at the intersection of the Spring Creek Irrigating Ditch with Rarick Gulch in the SW1/4NE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M., at a point approximately 1557 feet from the north line and 2243 feet from the east line of said Section 28. c.) The point of discharge of the Taylor Pipeline into the southern lateral of the Spring Creek Irrigating Ditch will be located in the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 2514 from the south line and 942 feet from the east line of said Section 28. d.) The point at which all water diverted by the Taylor Pipeline will return to the Taylor River will be located at the confluence of the Fishing Stream and the Taylor River in the SW1/4SE1/4 Section 29, Township 15 South, Range 84 West, 6th P.M. at a point approximately 31 feet from the south section line and 1421 feet from the east section line. e.) The Taylor Pipeline will be used fill and maintain the level in Ponds A, B, C, D, E, and F via the Amenity Stream. CLAIM NO. 5 (Application for Conditional Surface Right B Pond G Pipeline) Name of structure: Pond G Pipeline. Description of point of diversion: The intake for the Pond G Pipeline will be located on the left bank of the Taylor River within the SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 666 feet from the south line and 809 feet from the west line of said Section 28. Source: Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 0.65 cfs conditional (based upon a sprinkler irrigation requirement of 25 gpm per irrigated acre). Proposed use: Irrigation of 11.5 acres in the S1/2SW1/4SW1/4 Section 28, and N1/2NW1/4NW1/4 Section 33, Township 15 South, Range 84 West, 6th P.M. CLAIM NO. 6 (Application for Conditional Surface Right B Pond I Pipeline) Name of structure: Pond I Pipeline. Description of point of diversion: The intake for the Pond I Pipeline will be located on the right bank of the Taylor River within the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 2511 feet from the south section line and 604 feet from the east section line of said Section 28. Source: Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 0.42 cfs, conditional (based upon a flood irrigation requirement of 50 gpm per irrigated acre). Proposed use: Irrigation of 3.75 acres located in the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. CLAIM NO. 7 (Application for Conditional Surface Right B Rarick Ditch No. 1) Name of structure: Rarick Ditch No. 1. Description of point of diversion: At a point in the NW1/4NE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. approximately 290 feet from the north line and 1950 feet from the east line of said Section 28. Source: Rarick Gulch, tributary to the Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 0.85 cfs conditional. Proposed use: Irrigation of 7.62 acres in the NW1/4NE1/4 and NE1/4NW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. CLAIM NO. 8 (Application for Conditional Storage Rights-Ponds A-F) Applicant claims conditional storage rights in six off channel lined reservoirs named Ponds A, B, C, D, E and F. The ponds are located in Township 15 South, Range 84 West, 6th P.M. The ponds will be used for piscatorial, recreational and fire protection purposes. In addition, Pond F will be used to store water to replace depletions resulting from irrigation, commercial, domestic, and pond evaporation uses. The combined storage capacity of the six reservoirs is 28.73 acre-feet and the total surface area at high water line is 4.53 acres. Specific details for each reservoir are contained in the following: 1.) Pond A is located in the NW1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 1611 feet from the south line and 2050 feet from the east line of said Section 28. The storage volume of Pond A is 8.25 acre-feet all of which is dead storage. The surface area at high water line is 1.39 acres, average depth is 5.9 feet height of dam is 2 feet and length of dam is 400 feet. 2.) Pond B is located in the NW1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 1511 feet from the south line and 2205 feet from the east line of said Section 28. The storage volume of Pond B is 1.51 acre-feet all of which is dead storage. The surface area at high water line is 0.40 acres, average depth is 3.8 feet, height of dam is 4 feet and length of dam is 600 feet. 3.) Pond C is located in the SW1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 1108 feet from the south line and 2442 feet from the east line of said Section 28. The storage volume of Pond C is 4.35 acre-feet all of which is dead storage. The surface area at high water line is 0.80 acres, average depth is 5.4 feet, height of dam is 4 feet and length of dam is 700 feet. 4.) Pond D is located in the SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 924 feet from the south line and 374 feet from the west line of said Section 28. The storage volume of Pond D is 0.31 acre-feet all of which is dead storage. The surface area at high water line is 0.24 acres, average depth is 1.3 feet, height of dam is 5 feet and length of dam is 515 feet. 5.) Pond E is located in the SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 724 feet from the south line and 135 feet from the west line of said Section 28. The storage volume of Pond E is 1.00 acre-feet all of which is dead storage. The surface area at high water line is 0.30 acres, average depth is 3.3 feet, height of dam is 4 feet and length of dam is 340 feet. 6.) Pond F is located in the SE1/4SE1/4 Section 29, Township 15 South, Range 84 West, 6th P.M. at a point approximately 419 feet from the south line and 576 feet from the east line of said Section 29. The storage volume of Pond F is 13.31 acre-feet of which 8.56 acre-feet is live storage. The surface area at high water line is 1.40 acres, average depth is 9.51 feet, height of dam is 6 feet and length of dam is 400 feet. 7.) Name and capacity of structures used to fill reservoirs: Spring Creek Irrigating Ditch Second Enlargement - 43.3 cfs, Redden Elsinore Ditch - 14 cfs and Taylor Pipeline - 10 cfs. 8.) Legal description of point of diversion: a.) The headgate of the Spring Creek Irrigating Ditch is described above. b.) The headgate of the Redden Elsinore Ditch is located in the NE1/4SE1/4, Section 28, Township 15 South, Range 84 West, 6th P.M. The decreed location for the headgate of the Redden Elsinore Ditch is on the right bank of the Taylor River, at a point from which the east 1/4 corner of Section 28, Township 15 South, Range 84 West, 6th P.M. bears N 73° 13’ E, 635 feet. c.) The intake for the Taylor Pipeline will be located on the right bank of the Taylor River within the NE1/4SE1/4, Section 28, Township 15 South, Range 84 West, 6th P.M., 2511 feet from the south section line and 604 feet from the east section line. The source for the Spring Creek Irrigating Ditch is Spring Creek a tributary of the Taylor River and the source for the Redden Elsinore Ditch and Taylor Pipeline is the Taylor River. The rate of diversion for filling reservoirs: 5.0 cfs conditional. Dates of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Remarks: a.) Ponds A, B, C, D, E, and F will be excavated in the alluvium of the Taylor River. All of the ponds will be lined with an impermeable membrane and will be isolated from groundwater. b.) The ponds will be filled under free river conditions during spring runoff. Thereafter, the ponds will normally be kept full throughout the year and will act as flow-through ponds continuously being refilled by the Spring Creek Irrigating Ditch, the Redden Elsinore Ditch, and the Taylor Pipeline unless curtailed by downstream senior water rights. CLAIM NO. 9 (Application for Conditional Storage Rights BPond G) Name of reservoir: Pond G. Legal description of reservoir: In the SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point 113 feet from the south section line and 612 feet from the west section line of said Section 28. Parcel on which reservoirs are located: Taylor River Ranch. Pond G will be an off-channel reservoir. Name and capacity of structures used to fill reservoir: Pond G Pipeline: 0.65 cfs, conditional. Legal description of point of diversion: The intake for the Pond G Pipeline will be located on the left bank of the Taylor River within the SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 666 feet from the south section line, and 809 feet from the west section line of said Section 28. Source: Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 8 acre-feet, conditional. Rate of diversion for filling reservoir: 0.65 cfs. Use: Pond G will be used for irrigation, piscatorial, recreational, and fire protection purposes. Number of acres historically irrigated: None. Number of acres proposed to be irrigated: 11.5 acres in the S1/2SW1/4SW1/4 Section 28 and N1/2NW1/4NW1/4 Section 33, Township 15 South, Range 84 West, 6th P.M. Surface area at high water line: 1.50 acres. Maximum height of dam: 5 feet. Length of dam: 400 feet. Total capacity of reservoir: 8 acre- feet all of which is live storage. Remarks: Pond G will be excavated in the alluvium of the Taylor River. The pond will be lined with an impermeable membrane and will be isolated from groundwater. The pond will be filled under free river conditions during spring runoff. Thereafter, the pond will normally be kept full throughout the year and will act as a flow-through pond continuously being refilled by the Pond G Pipeline unless curtailed by downstream senior water rights. CLAIM NO. 10 (Application for Conditional Storage Rights BPond H) Name of reservoir: Pond H. Legal description of reservoir: In the SW1/4NW1/4 Section 33, Township 15 South, Range 84 West, 6th P.M. at a point approximately 1507 feet from the north section line and 1282 feet from the west section line of said Section 33. Parcel on which reservoir is located: Taylor River Ranch. Source: Pond H will be located on an unnamed stream in the W1/2 of Section 33, Township 15 South, Range 84 West, 6th P.M., tributary to the Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 8 acre-feet conditional. Use: Pond H will be used for livestock, piscatorial, recreational, and fire protection purposes. Surface area at high water line: 1.5 acres. Maximum height of dam: 10 feet. Length of dam: 200 feet. Total capacity of reservoir: 8 acre-feet all of which is live storage. Remarks: Pond H will be lined with an impermeable membrane. The pond will be filled under free river conditions during spring runoff. CLAIM NO. 11 (Application for Conditional Storage Rights BPond I) Name of reservoir: Pond I. Legal description of reservoir: In the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 2024 feet from the south section line and 216 feet from the east section line of said Section 28. Parcel on which reservoirs are located: Taylor River Ranch. Pond I will be an off-channel reservoir. Name and capacity of structures used to fill reservoir: Pond I Pipeline: 0.42 cfs. Legal description of point of diversion: The intake for the Pond I Pipeline will be located on the right bank of the Taylor River within the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 2511 feet from the south section line and 604 feet from the east section line of said Section 28. Source: Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 4.0 acre-feet, conditional. Rate of diversion for filling reservoir: 0.42 cfs. Use: Pond I will be used for irrigation, piscatorial, recreational, and fire protection purposes. Number of acres historically irrigated: None. Number of acres proposed to be irrigated: 3.75 acres in the NE1/4SE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. Surface area at high water line: 0.75 acres. Maximum height of dam: 3.0 feet. Length of dam: 200 feet. Total capacity of reservoir: 4.0 acre-feet all of which is live storage. Remarks: Pond I will be lined with an impermeable membrane and will be isolated from groundwater. The pond will be filled under free river conditions during spring runoff. Thereafter, the pond will normally be kept full throughout the year and will act as a flow-through pond continuously being refilled by the Pond I Pipeline unless curtailed by downstream senior water rights. CLAIM NO. 12 (Application for Conditional Storage Rights BPond J) Name of reservoir: Pond J. Legal description of reservoir: In the NW1/4NE1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. at a point approximately 290 feet from the north section line and 1950 feet from the east section line of said Section 28. Parcel on which reservoirs are located: Taylor River Ranch. Pond J will be an on-channel reservoir. Source: Rarick Gulch, tributary to the Taylor River. Date of appropriation: December 1, 2007. How appropriation was initiated: Formation of intent to appropriate using existing structure, survey and staking of ponds, amenity stream and fishing stream begun on December 1, 2007 followed by commencement of excavation on December 10, 2007. Amount claimed: 1.50 acre-feet, conditional. Use: Pond J will be used for irrigation, piscatorial, recreational, and fire protection purposes. Number of acres historically irrigated: None. Number of acres proposed to be irrigated: 7.62 acres in the NW1/4NE1/4 and NE1/4NW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. Surface area at high water line: 0.3 acres. Maximum height of dam: 10 feet. Length of dam: 200 feet. Total capacity of reservoir: 1.5 acre-feet all of which is live storage. Remarks: Pond J will be lined with an impermeable membrane. The pond will be filled under free river conditions during spring runoff. CLAIM NO. 13 (Application for Change of Water Right Spring Creek Irrigating Ditch) Name of structure for which change is sought: Spring Creek Irrigating Ditch. The Spring Creek Irrigating Ditch was decreed on October 25, 1921 in Civil Action No. 1635 for 10 cfs for irrigation under Priority 186 with appropriation date of June 1, 1891, and on April 29, 1941 in Civil Action No. 2021 for 33.3 cfs for irrigation under Priority No. 303 with appropriation date of June 15, 1882, all out of Spring Creek, a tributary of the Taylor River. The headgate of the Spring Creek Irrigating Ditch is as described above. Historic diversions by the Spring Creek Irrigating Ditch: The average recorded diversion amounts for each month of the irrigation season for 1975 B 2007 are shown below along with the average rate of diversion for the month. [Table omitted here was filed with the application. For a copy contact Anita Peterson([email protected]) at Bratton Hill Wilderson & Lock, LLC.] The maximum flow recorded through the ditch for this period was 51.7 cfs on June 1, 1998. Proposed changes: Applicant proposes to: a.) Change the place of use from a total of 6.55 acres in the SE1/4NW1/4 and S1/2 Section 28 Township 15 South, Range 84 West, 6th P.M. to 2.45 acres in the NE1/4SW1/4SW1/4 and NE1/4NW1/4SE1/4 Section 28 Township 15 South, Range 84 West, 6th P.M. b.) Add an alternate point of diversion of 0.81 cfs of Priority 186 and 2.71 cfs of Priority 303 to the Taylor Pipeline located as described above. Amounts to be diverted are shown in Exhibit 5. [Exhibit 5 filed with application. For a copy contact Anita Peterson ([email protected]) at Bratton Hill Wilderson & Lock, LLC.]. Remarks: 6.55 acres of historically irrigated lands will be dried up as a result of construction of roads and buildings for the Taylor River Ranch Project. The new place of use will be 2.45 acres of landscape irrigation in lots 8 and 15 of Taylor River Ranch which were not irrigated in the past. No change in point of diversion will be required. Return flows will return to the Taylor River at approximately the same locations as in the past. Addition of the alternate point of diversion will not, by itself, result in any change in place or type of use. CLAIM NO. 14 (Application for Change of Water RightBRedden Elsinore Ditch) Name of structure for which change is sought: Redden Elsinore Ditch. The Redden Elsinore Ditch was decreed on January 27, 1961 in Case No. 5590 for 14 cfs for irrigation out of the Taylor River under Priority 550 with appropriation date of June 1, 1934. The headgate of the Redden Elsinore Ditch is described above. Historic diversions by the Redden Elsinore Ditch: The average recorded diversion amounts for each month of the irrigation season for 1975 - 2007 are shown below along with the average rate of diversion for the month. [Table omitted here was filed with the application. For a copy contact Anita Peterson ([email protected]) at Bratton Hill Wilderson & Lock, LLC.] The maximum flow recorded through the ditch for this period was 17.2 cfs on June 15, 1999. Proposed changes: Applicant proposes to: a.) Change the place of use from a total of 3.57 acres in the SW1/4SW1/4 Section 28 and SE1/4SE1/4 Section 29, Township 15 South, Range 84 West, 6th P.M. to 2.69 acres in the NE1/4SW1/4SW1/4 Section 28, Township 15 South, Range 84 West, 6th P.M. b.) Add an alternate point of diversion for 3.55 cfs of Priority 550 to the Taylor Pipeline located as described above. Amounts to be diverted are shown in Exhibit 5. Remarks: a.) the place of use will be changed for 2.69 acres of irrigated lands under the Redden Elsinore Ditch. 3.57 acres of historically irrigated lands will be dried up as a result of construction of roads, buildings, and lined ponds for the Taylor River Ranch Project. The new place of use will be 2.69 acres of landscape irrigation in lot 7 of Taylor River Ranch which were not irrigated in the past. No change in point of diversion will be required. Return flows will return to the Taylor River at approximately the same locations as in the past. b.) Addition of the alternate point of diversion will not, by itself, result in any change in place or type of use. The intake for the Taylor Pipeline will be constructed at the same location as the headgate of the Redden Elsinore Ditch. CLAIM NO. 15 (Application for Approval of Plan for Augmentation) Applicant proposes to augment the out of priority depletions occurring downstream of the Wayne N. Aspinall Unit resulting from diversions into the following structures by participation in the Upper Gunnison River Water Conservancy District plan for augmentation for which approval is pending in Case No. 03CW49: a.) Spring Creek Irrigating Ditch (limited to 0.81 cfs of diversions under Priority No. 186 and 2.71 cfs of diversions under Priority No. 303). b.) Spring Creek Irrigating Ditch Second Enlargement. c.) Redden Elsinore Ditch (limited to 3.55 cfs of diversion under Priority No. 550). d.) Ponds A, B, C, D, E, F, G, I and J (pond evaporation only) Depletions from surface evaporation for Ponds A-F will be by exchange to Spring Creek Irrigating Ditch Second Enlargement and Taylor Pipeline. f.) Owners Well. g.) Pond G Pipeline. h.) Pond I Pipeline. Rarick Ditch No. 1. Augmentation of Owners Complex. The water supply for the Owners Complex will be the Owners Well. The Owners Complex will consist of irrigation, domestic and commercial uses (limited to owners and guests) as follows: a.) Two approximately 1,550 square foot cabins for use of guests and residents on an occasional basis (domestic use). b.) A 3,000 square foot clubhouse which will serve an average of 10 persons per day with the capability of hosting events with 100 persons in attendance occasionally (commercial use). c.) A 1,400 square foot Spa and Fitness Center with an average of 10 people per day using it (commercial use). d.) A 1,200 square foot recreation cabin with an average usage of 10 people per day . (commercial use). e.) A 500 square foot picnic structure (Liar’s Porch) with a unisex toilet with an average of 5 people per day using it (commercial use). f.) An outdoor swimming pool of 1400 square feet surface area and average 6 feet deep, volume 8400 cubic feet or 0.193 acre-feet. g.) 20,000 square feet of lawn and garden irrigation from the well around the ranch house and cabins. The total average in-house commercial use by 35 persons per day at 30 gpd per person is 1050 gpd. See Table 1 of AGuidelines on Individual Sewage Disposal Systems,@ revised 2000, which is attached to the UGRWCD Aspinall Substitute Supply Plan. The use category in the table which most closely resembles the uses planned for the Ranch House is ACountry Clubs.@ No full time employees are planned. The cabins and ranch house are planned to be occupied only on an intermittent basis, principally during the summer months. However, the estimates of water requirements presented in this report are based upon year-round occupancy and use. Proposed annual diversions will total 3.12 acre-feet and total depletions are estimated to be 1.19 acre-feet. Applicant proposes to replace the 1.19 acre-feet of depletions by exchange upstream from Blue Mesa Reservoir pursuant to Upper Gunnison River Water Conservancy District plan for augmentation for which approval is pending in Case No. 03CW49 or, when exchange opportunity does not exist, by releases from Pond F. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant, see first paragraph. GUNNISON AND MONTROSE COUNTIES.

CASE NO. 2008CW181. MONTROSE COUNTY-Dolores River; Ames-Burgess Ranch, L.L.C., c/o Jenna H. Keller, Dufford, Waldeck, Milburn, and Krohn L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, 970-241-5500; APPLICATION FOR ALTERNATE POINT OF DIVERSION. Decreed name of structure: Ayes, Eads, Latham, & Robb Pump and Pipeline (“AELRP & PL”); Previous Decree: The AELRP & PL was adjudicated on March 23, 1971 in Case No. W-221, Water Division No. 4, State of Colorado; A. Decreed point of diversion: The decree in Case No. W-221 described the point of diversion for the AELRP & PL as “on the Dolores River where the SE corner of Section 19, Township 47 North, Range 18 West, N.M.P.M. bears South 48°21’ East 900.7 feet.”; B. Source: Dolores River; C. Appropriation Date: December 1, 1959; D. Amount: 7.5 c.f.s.; E. Historic use: The historical point of diversion for the AELRP & PL is the decreed point of diversion; however, the original decree appears to contain an error in the description. The historical point of diversion may be described as located in the SE¼SE¼ of Section 19, T47N, R18W, N.M.P.M. at a point 735 feet west of east section line 600 feet north of south section line. Applicant does not seek to change the original point of diversion. Since 1997, Applicant has actually diverted at the location of the alternate point of diversion requested below; Proposed change: Applicant seeks an alternate point of diversion for the 0.5 c.f.s. owned by the Ames-Burgess Ranch, L.L.C. The legal description of this alternate point of diversion is legally described as being in the NW¼SE¼NW¼ of Section 20, T47N, R18W, N.M.P.M., at a point 1410 feet south of the north section line and 1750 feet east of the west section line. 3 pages. MONTROSE COUNTY.

CASE NO. 2008CW182. Applicant: Crested Butte Land Trust, P. O. Box 2224, Crested Butte, CO 81224. Application for Surface Water Right: Slate River Trailhead Spring 1, NE ¼ SW ¼ of Section 21, T13S, R86W, 6th PM. 1,922 feet from the south section line and 1,948 feet from the west section line. Source: Slate River, Gunnison River. Appropriation Date: 12/31/1970. Amount Claimed: 1.0 cfs absolute for irrigation for wildlife habitat, wetlands habitat stockwater, and fire protection. Slate River Trailhead Spring 2 - NE ¼ SW ¼ of Section 21, T13S, R86W, 6th PM. 2,107 feet from the south section line and 1,628 feet from the west section line. Source: Slate River, Gunnison River. Appropriation Date: 05/23/2007. Amount Claimed: .5 cfs absolute for irrigation for wildlife habitat, wetlands habitat, stockwater, and fire protection. Slate River Trailhead Spring 3, NE ¼ SW ¼ of Section 21, T13S, R86W, 6th PM. 988 feet from the south section line and 1,419 feet from the west section line. Source: Slate River, Gunnison River. Appropriation Date: 05/23/2007. Amount Claimed: .1 cfs absolute for irrigation for wildlife habitat, wetlands habitat, stockwater, and fire protection. Slate River Trailhead Spring 4, NE ¼ SW ¼ of Section 21, T13S, R86W, 6th PM. 1,206 feet from the south section line and 1,721 feet from the west section line. Source: Slate River, Gunnison River. Appropriation Date: 05/23/2007. Amount Claimed: .1 cfs absolute for irrigation for wildlife habitat, wetlands habitat, stockwater, and fire protection. Slate River Trailhead Spring 5, NE ¼ SW ¼ of Section 21, T13S, R86W, 6th PM. 1,251 feet from the south section line and 1,668 feet from the west section line. Source: Slate River, Gunnison River. Appropriation Date: 05/23/2007. Amount Claimed: .1 cfs absolute for irrigation for wildlife habitat, wetlands habitat, stockwater, and fire protection. Slate River Trailhead Spring 6, NE ¼ SW ¼ of Section 21, T13S, R86W, 6th PM. 1,201 feet from the south section line and 2,555 feet from the west section line. Source: Slate River, Gunnison River. Appropriation Date: 05/23/2007. Amount Claimed: .1 cfs absolute for irrigation for wildlife habitat, wetlands habitat, stockwater, and fire protection. Slate River Trailhead Spring 7, NE ¼ SW ¼ of Section 21, T13S, R86W, 6th PM. 1,531 feet from the south section line and 2,534 feet from the west section line. Source: Slate River, Gunnison River. Appropriation Date: 05/23/2007. Amount Claimed: .1 cfs absolute for irrigation for wildlife habitat, wetlands habitat, stockwater, and fire protection. GUNNISON COUNTY.

CASE NO. 2008CW183. BERMAN BUCKSKIN RANCH (BBR), LLC, AND LYLE BERMAN, CO-APPLICANTS. APPLICATION FOR WATER RIGHTS (SURFACE), WATER STORAGE RIGHT, AND PLAN OF AUGMENTATION. SAN MIGUEL COUNTY. 1. Name, address, and home telephone number of applicant(s): The Co- Applicants are Berman Buckskin Ranch (BBR), LLC (Property Owner), c/o Neil Sell, Chief Manager, Maslon Law Firm, 3300 Norwest Center Minneapolis, MN 55402, telephone # 952-449-7000, and Lyle Berman (Lessee), c/o Lakes Entertainment, Inc. 130 Cheshire Lane, Ste. 101, Minnetonka, MN 55305 telephone # 952-449-9092. Co- Applicants are collectively hereinafter referred to as the “Applicant”. Please direct all correspondence to Applicant’s counsel: Stephen B. Johnson, Esq., Stephen B. Johnson Law Firm, P.C., P.O. Box 726, 526 W. Colorado Avenue, Telluride, Colorado 81435. Phone: (970)728-5301. Facsimile: (970)728-4271. E-mail: [email protected]. Attorney Reg. # 10555. I. APPLICATION FOR SURFACE WATER RIGHT. 2. Name of structure: BBR Spring 1. 3. Legal description of each point of diversion: (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate ¼ ¼, section number, township, range and meridian; include map). The location may include UTM coordinates based on Zone 12 or 13, measured in meters, and NAD83 datum. In urban areas, include street address, lot, block, and subdivision:

Required Section Townshi Range Principal SW1/4 SW1/4 Description: p Meridian 30 10 W County 43N N.M.P.M. San Miguel Distance from section lines (section lines are typically not property lines)

S E

Street Address: 1305 East Anderson Road, Telluride, CO 81435 Please note Section 30 is an irregular section. Optional Additional Description: GPS location information in UTM format. Required settings for GPS units are as follows: Format must be UTM; Zone must be 12 or 13; Units must be Meters; Datum must be NAD83, and Units must be set to true North. Were points Northing 12S 0761967______Easting averaged? 4204984______Yes No Zone 12 Garmin Map 76CS.

Remarks: The claimed legal description for BBR Spring 1 is at the primary location where upgradient springs and seeps coalesce to flow into BBR Pond 8. The highest upgradient spring emanation point for BBR Spring 1 is as follows: NW 1/4, SW 1/4, SW 1/4, Section 30, Township 43 North, Range 10 West, N.M.P.M; 4,580 feet from the East Section line and 790 feet from the South Section line of said Section 30. GPS Coordinates in NAD 83: 12 S 0761897; 4204959 (points were averaged: Garmin Map 76CS). 4. Source: Tributary to Fall Creek, tributary to the San Miguel River. 5A.Date of initiation of appropriation: June 14, 2007.B. How appropriation was initiated: field investigations and use of spring water for purposed stated below. C. Date water applied to beneficial use: June 14, 2007. 6. 7. Use or proposed use: Stockwatering, wildlife watering, piscatorial and fire protection. 8. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Berman Buckskin Ranch (BBR), LLC. 9. Remarks: This direct flow right is tributary to and a source of supply for BBR Pond # 8, for which a water storage right is also sought herein in Part II, below. In order to fill and refill BBR Pond # 8 and store water therein when not in priority, approval of a Plan of Augmentation, to operate and be administered in coordination with the plan of augmentation decreed in Case No. 03CW276, is also sought in Part III, below. The location of BBR Spring 1 is shown on Figure 1, Berman Buckskin Ranch (BBR) Location Map of BBR Pond 8 and BBR Spring 1, which is attached hereto. II. APPLICATION FOR WATER STORAGE RIGHT 10. Name of Reservoir: BBR Pond # 8. 11. Legal description of location of Dam: NE1/4; SW1/4; SW1/4; Section 30, Township 43 North, Range 10 West, N.M.P.M.; the spillway of dam is located approximately 4,280 feet from the East Section line and 1,000 feet from the South Section line of said Section 30. GPS coordinates in NAD 83: 12 S 0761988; 4205022 (points were averaged: Garmin Map 76CS). Please note said Section 30 is an irregular Section. If off- channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: BBR Pond # 8 will be filled/maintained by inflow from BBR Spring 1 as described in Part I, above, and from run-off and precipitation. BBR Pond #8 is primarily an excavated structure. 12. Source: Tributary to Fall Creek, tributary to the San Miguel River. 13. A. Date of appropriation: January 1, 1953. The pond now described as BBR Pond # 8 is shown on the 1953 USGS Little Cone, Colorado quadrangle topographic map dated 1953. BBR Pond # 8 therefore pre-dated said map. Upon information and belief, the property in the vicinity of BBR Pond # 8 was used for ranching, irrigation, stock-watering, and waterfowl hunting at said time. B. How appropriation was initiated: Construction of pond to capture water for uses of stockwatering, wildlife watering, recreation, piscatorial and fire protection. C. Date water applied to beneficial use: January 1, 1953. 14. Amount claimed: In acre feet: 0.80 acre-foot, Absolute. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Up to 0.033 cfs from BBR Spring 1, run-off and precipitation. 15. Uses: stockwatering, wildlife watering, recreation, piscatorial and fire protection. 16. Surface area of high water line: 0.25 acres. A. Maximum height of dam in feet: less than 10 feet. B. Length of dam in feet: approximately 190 feet. 17. Total capacity of reservoir in acre feet: 0.80 acre-feet. All storage is dead storage. 18. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Berman Buckskin Ranch (BBR), LLC. III. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 19. Name(s) of structure(s) to be augmented: BBR Pond # 8. No other water rights are diverted from or by this structure. 20. Previous decree(s) for water right(s) to be used for augmentation: A. Date of Original Decree: 2008. Case No: 03CW276 Court: Division 4. B. Type of water rights: surface (direct flow) and storage. C. Pursuant to paragraph 19F of the Decree entered in 03CW276, Applicant agreed to file, in the Water Court, Division 4, an application for a water storage right for an unadjudicated and unaugmented pond that is subject to administration by the Division Engineer, which may or may not include an application for approval of a plan for augmentation with respect to such pond, and to prosecute such application to completion with reasonable diligence. BBR Pond # 8 is the structure referenced in paragraph 19F of said Decree. Applicant intends to integrate the augmentation plan for BBR Pond # 8 as proposed herein, with the plan for augmentation as decreed in Case No. 03CW276, in the manner set forth below, in order to allow for simplified and coordinated administration by the Division Engineer’s Office. D. Source: “Contingency” pond surface area amount as decreed in excess of the surface area of BBR Ponds #’s 1 through 7, all located in the in the vicinity of BBR Pond #8, in Case No. 03CW276. The primary source of water for BBR Ponds #’s 1 through 7 and the BBR Augmentation Pond is the Pleasant Valley Ditch. The source of water for the Pleasant Valley Ditch is the Main Branch of Bear Creek, a tributary of the San Miguel River. The decreed point of diversion of the Pleasant Valley Ditch is described in the decree in Case No. 3785 as a point on the Main Branch of Bear Creek, a tributary of the San Miguel River, at a point about two miles below the Silver Pick Mill. The unsurveyed location of the headgate diversion point of the Pleasant Valley Ditch is the NE1/4 SE1/4, Section 18, Township 42 North, Range 10 West, N.M.P.M., at a point located approximately North 74°45’ East a distance of 5200 feet from the southwest corner of said Section 18. It is also described as being located 50 feet from the east section line and 2030 feet from the south section line of said Section 18. Note that said Section 18 is an irregular section. E. Appropriation Dates: The priority date for the plan of augmentation as decreed in Case No. 03CW276 is 2003. The appropriation date for BBR Augmentation Pond is November 3, 1999. The appropriation dates for the Pleasant Valley Ditch are July 2, 1989 with respect to 12.0 c.f.s. under Priority 166 and July 1, 1910 with respect to 8.0 c.f.s. under Priority 187. F. Historic use: See Decree entered in Case No. 03CW276, a copy of which is incorporated herein by this reference. The historic use of the BBR Augmentation Pond to date is augmentation, stockwatering, recreation, wildlife habitat, and watering, piscatorial and fire protection. The historic uses of the Applicant’s share of the Pleasant Valley Ditchwater rights were irrigation of 122 acres on Applicant’s property. G. Amount: A total of 20.0 c.f.s. was previously decreed to the Pleasant Valley Ditch in Case No. 3785, 12.0 cfs of which is under Priority No. 166 and 8.0 cfs. of which is under Priority No. 187. Applicant owns two shares of the Pleasant Valley Ditch, which represents 1.6 c.f.s. of the 12.0 cfs decreed to Priority No. 166, and 1.06 cfs of the 8.0 cfs decreed to Priority No. 187. Applicant’s share of said Pleasant Valley Ditch water rights were changed in Case No. 03CW276. The BBR augmentation pond was decreed in said case for 0.25 acre-feet, absolute; 4.47 acre- feet, conditional. 21. Statement of plan for augmentation, covering all applicable matters under §37-92-103(9), 302(1)(2) and 305(8), C.R.S. Give full details of plan, including a description of all water rights to be established or changed by the plan. A. In Case No. 03CW276, Applicant was decreed storage rights for seven ponds and an augmentation pond, with a total (augmented) pond surface area of 2.70 acres. Applicants were permitted to change certain irrigation rights decreed to the Pleasant Valley Ditch pursuant to Case No. 3785, and were required to operate an augmentation plan to offset out-of priority depletions from the new storage rights and change of Pleasant Valley Ditch water rights, by a combination of dry-up of historically irrigated- acreage, augmentation pond releases, and augmentation bypass flows. B. Augmentation of out-of-priority evaporative losses from BBR Pond # 8, will be achieved by a combination of utilization of dry-up credit for inundation of previously-irrigated land under BBR Pond # 8, and utilization of the “contingency” credit for augmentation of 0.18 acre of un-built pond surface area as decreed in Case No. 03CW276. The contingency is recognized in Note 4 to Table 2 incorporated into said Decree. The contingency was intended to give the Applicant flexibility with regard to construction of pond surface area. Utilization of that contingency area for BBR Pond # 8 will eliminate the contingency available to BBR Pond #’s 1 through 7. Any potential non-irrigation season out-of-priority depletions from BBR Pond # 8 will be augmented via releases from the BBR Augmentation Pond. C. The 0.18 acre total pond surface area contingency” decreed in Case No. 03CW276 will partially augment the estimated 0.25 acre surface area for BBR Pond # 8. Thus, it is necessary to provide additional augmentation of evaporative losses only for the remaining 0.07 acre of surface area of BBR Pond # 8. According to Table 1, “Revised Pond Evaporation Calculations (Pursuant to SEO Policy 2004-3), which is attached hereto, a pond at the elevation of BBR Pond # 8 will evaporate (consumptively use) 2.802 Acre-Feet per pond surface acre per year. Table 1 as attached hereto is identical to the Table 1 incorporated into the Decree in Case No. 03CW276 and utilizes the same evaporative loss calculations. D. Total annual pond evaporation from BBR Pond # 8 is 0.7 Acre-Feet. See Table 2, “BBR Pond 8 Plus Case 03CW276, Berman Buckskin Ranch (BBR)”, which is attached hereto.– Table 2 is identical to Table 2 in Case No. 03CW276, except that: by incorporating reference to BBR Pond # 8, it revises Column 4 “BBR Ponds Evap.” Totals from 7.57 AF to 7.76 AF, and within Note 4 it deletes the reference to 0.18 AF pond surface area contingency, adds reference to the full Berman Pond # 8 acreage of 0.25 acres, and revises the estimated total pond surface area from 2.70 to 2.77 surface acres of all ponds (i.e., Berman Ponds 1 through 8); increases Column 7 C.U.C. from 14.87 to 15.15 AF; increases Column 8 potential “Augmentation Releases” from the BBR Augmentation Pond to 1.54 AF from 1.50 AF; at Column 9 “Excess C.U.C.” is increased from 4.72 AF to 4.85 AF; and at footnote 9 the estimated Excess C.U.C.is re-described as based on dry-up of 13.65 acres of historically irrigated land, instead of 13.4 acres, because the 0.25 surface area of BBR Pond #8 is included. E. Monthly Augmentation Bypass amounts for BBR Pond #’s 1 through 7 and BBR Pond # 8 with respect to the contingency credit, will be made pursuant to revised Table 3, “BBR Pond Plus Case No. 03CW276 (Berman Buckskin Ranch) – Estimated Monthly Augmentation Bypass Amounts to Fall Creek”, which is attached hereto and incorporated herein by this reference. It is identical to Table 3 in Case No. 03CW276, except that: it increases Column 2, “BBR Total Consumptive Use (Ponds and Irrig.)” Total to 11.84 AF from 11.65 AF and incorporates reference in footnote 2 to BBR Pond 8; at Column 3, “Pasture Grass Irrig. C.U.C.”, increases consumptive use credits from 14.87 AF to 15.15 total AF, and in footnote 3 the reference to 13.65 acres of dry-up area replaces the reference to 13.4 acres (to reflect the additional 0.25 acre inundation area under BBR Pond # 8); at Column 4, increases “Pasture Grass Estimated Historic Irrig. Appl. Rate (AF)” from 47.22 AF to 48.09 AF; at Column 5, “Monthly AUG. Bypass Amounts (gpm)”, slightly increases monthly bypass amounts. As shown on Column 6 of Table 3, the monthly augmentation bypass amounts for the irrigation season as expressed in cfs have not changed, so there is no change to Applicant’s shares of Pleasant Valley Ditch water rights as a result of this application. 22. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Berman Buckskin Ranch (BBR), LLC. I, Stephen B. Johnson, state under oath that I have read this application and verify its content. (5 PAGES, PLUS EXHIBITS 4 PAGES). SAN MIGUEL COUNTY.

CASE NO. 2008CW184. APPLICATION FOR WATER STORAGE RIGHTS AND SURFACE WATER RIGHT. Applicant: Craig E. Jackman, Trustee, UTD 10/25/87, c/o Andrew A. Mueller, The Tisdel Law Firm, P.C., P.O. Box 646, Ouray, CO 81427-0646, phone: 970-325-4414, fax: 970-325-7333. I. STORAGE RIGHT FOR FINNIGAN’S POND 2. Name of Reservoir: Finnigan’s Pond 3. Legal description of location: NE1/4NW1/4 Section 9, Township 44N, Range 11W, N.M.P.M. at a point 1005 feet from North section line and 1327 feet from West section line 4. Source: Pond is filled from seasonal run-off/precipitation tributary to McKenzie Creek, tributary to San Miguel River. 5. Date of Appropriation: June 2005; How appropriation was initiated: Appropriation initiated by construction of pond and stocking with fish; Date water applied to beneficial use: June 2005 6. Amount claimed: 1 acre-foot absolute 7. Use: Stock watering, piscatorial, fire protection and wildlife habitat and watering 8. Surface area of high water line: 10,800 square feet; Maximum height of dam in feet: 3 feet; Length of dam in feet: 69 feet 9. Total capacity of reservoir in acre-feet: 1 acre-foot; Dead storage: 1 acre-foot 10. Names and addresses of owners or reputed owners of land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Finnigan HS, LLC, P.O. Box 646, Ouray, CO 81427-0646 II. STORAGE RIGHT FOR UPPER BROOKIE POND 2. Name of Reservoir: Upper Brookie Pond 3. Legal description of location: NW1/4NW1/4 Section 9, Township 44N, Range 11W, N.M.P.M. at a point 649 feet from the North section line and 707 feet from the West section line 4. Source: Pond is filled from seasonal run- off/precipitation tributary to McKenzie Creek, tributary to San Miguel River. 5. Date of appropriation: June 2005; How appropriation was initiated: Appropriation initiated by construction of pond and stocking with fish; Date water applied to beneficial use: June 2005 6. Amount Claimed: .66 acre-feet absolute 7. Use: Stock watering, piscatorial, fire protection, wildlife habitat, and watering. 8. Surface area of high water line: 7200 square feet; Maximum height of dam in feet: 4 feet, 6 inches; Length of dam in feet: 60 feet 9. Total capacity of reservoir in acre-feet: .66 acre-feet; Dead storage: .66 acre-feet 10. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to an existing structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Finnigan HS, LLC, P.O. Box 646, Ouray, CO 81427-0646 III. STORAGE RIGHT FOR BROOKIE POND #2 2. Name of reservoir: Brookie Pond #2 3. Legal description of location: NW1/4NW1/4 Section 9, Township 44N, Range 11W, N.M.P.M. at a point 808 feet from North section line and 526 feet from West section line 4. Source: Pond is filled from seasonal run-off/precipitation tributary to McKenzie Creek, tributary to San Miguel River. 5. Date of Appropriation: June 2005; How appropriation was initiated: Appropriation initiated by construction of pond and stocking with fish; Date water applied to beneficial use: June 2005 6. Amount claimed: .48 acre-feet absolute 7. Use: Stock watering, piscatorial, fire protection, wildlife habitat and watering 8. Surface area of high water line: 6000 square feet; Maximum height of dam in feet: 5 feet; Length of dam in feet: 37 feet 9. Total capacity of reservoir in acre-feet: .48 acre-feet; Dead storage: .48 acre-feet 10. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modifications to the existing storage pool: Finnigans HS, LLC, P.O. Box 646, Ouray, CO 81427-0646 IV. STORAGE RIGHT FOR LOWER BROOKIE POND 2. Name of reservoir: Lower Brookie Pond 3. Legal description of location: NW1/4NW1/4 Section 9, Township 44N, Range 11W, N.M.P.M. at a point 969 feet from North section line and 274 feet from West section line 4. Source: Pond will be filled from seasonal run-off/precipitation tributary to McKenzie Creek, tributary to San Miguel River. 5. Date of Appropriation: June 2005; How appropriation was initiated: Appropriation initiated by construction of pond and stocking with fish; Date water applied to beneficial use: June 2005 6. Amount claimed: .54 acre-feet absolute 7. Use: Stock watering, piscatorial, fire protection, wildlife habitat and watering. 8. Surface area of high water line: 5200 square feet; Maximum height of dam in feet: 9 feet, 6 inches; Length of dam in feet: 130 feet 9. Total capacity of reservoir in acre-feet: .54 acre-feet; Dead storage: .54 acre-feet 10. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modifications to the existing storage pool: Finnigans HS, LLC, P.O. Box 646, Ouray, CO 81427-0646 V. STORAGE RIGHT FOR OLD HOMESTEAD POND 2. Name of Reservoir: Old Homestead Pond 3. Legal description of location: SE1/4NW1/4 Section 9, Township 44N, Range 11W, N.M.P.M. at a point 1473 feet from North section line and 1544 feet from West section line 4. Source: Pond is filled from seasonal run- off/precipitation tributary to McKenzie Creek, tributary to San Miguel River. 5. Date of Appropriation: June 1945; How appropriation was initiated: Appropriation initiated by construction of pond and stocking with fish; Date water applied to beneficial use: June 1945 6. Amount claimed: .23 acre-feet absolute 7. Use: Stock watering, piscatorial, fire protection, wildlife habitat and watering 8. Surface area of high water line: 2500 square feet; Maximum height of dam in feet: 3 feet; Length of dam in feet: 25 feet 9. Total capacity of reservoir in acre-feet: .23 acre-feet; Dead storage: .23 acre-feet 10. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modifications to the existing storage pool: Finnigan HS, LLC, P.O. Box 646, Ouray, CO 81427-0646 VI. STORAGE RIGHT FOR SAGE FLATS RESERVOIR 2. Name of Reservoir: Sage Flats Reservoir 3. Legal description of location: SE1/4SE1/4 Section 9, Township 44N, Range 11W, N.M.P.M. at a point 990 feet from South section line and 441 feet from East section line 4. Source: Pond will be filled from seasonal run-off/precipitation tributary to McKenzie Creek, tributary to San Miguel River. 5. Date of Appropriation: June 1993; How appropriation was initiated: Appropriation initiated by construction of pond and stocking with fish; Date water applied to beneficial use: June 1993 6. Amount claimed: 4.6 acre-feet absolute 7. Use: Stock watering, piscatorial, fire protection, wildlife habitat and watering. 8. Surface area of high water line: 40,125 square feet; Maximum height of dam in feet: 9 feet; Length of dam in feet: 321 feet 9. Total capacity of reservoir in acre- feet: 4.6 acre-feet; Dead storage: 4.6 acre-feet 10. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modifications to the existing storage pool: Applicant VII. STORAGE RIGHT FOR OLD WOOLY POND 2. Name of reservoir: Old Wooly Pond 3. Legal description of location: NE1/4SW1/4 Section 10, Township 44N, Range 11W, N.M.P.M. at a point 1784 feet from South section line and 2147 feet from West section line 4. Source: Pond will be filled from seasonal run-off/precipitation tributary to McKenzie Creek, tributary to San Miguel River. 5. Date of Appropriation: June 1993; How appropriation was initiated: Appropriation initiated by construction of pond and stocking with fish; Date water applied to beneficial use: June 1993 6. Amount claimed: 4.6 acre-feet absolute 7. Use: Stock watering, piscatorial, fire protection, wildlife habitat and watering. 8. Surface area of high water line: 40,125 square feet; Maximum height of dam in feet: 9 feet; Length of dam in feet: 321 feet 9. Total capacity of reservoir in acre-feet: 4.6 acre-feet; Dead storage: 4.6 acre-feet 10. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modifications to the existing storage pool: Applicant VIII. STORAGE RIGHT FOR HILLSIDE POND 2. Name of reservoir: Hillside Pond 3. Legal description of location: SE1/4NW1/4 Section 10, Township 44N, Range 11W, N.M.P.M. at a point 1480 feet from North section line and 2395 feet from West section line 4. Source: Pond will be filled from seasonal run- off/precipitation tributary to McKenzie Creek, tributary to San Miguel River. 5. Date of Appropriation: June 1943; How appropriation was initiated: Appropriation initiated by construction of pond and stocking with fish; Date water applied to beneficial use: June 1943 6. Amount claimed: .30 acre-feet absolute 7. Use: Stock watering, piscatorial, fire protection, wildlife habitat and watering. 8. Surface area of high water line: 4560 square feet; Maximum height of dam in feet: 9 feet; Length of dam in feet: 138 feet 9. Total capacity of reservoir in acre-feet: .30 acre-feet; Dead storage: .30 acre-feet 10. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modifications to the existing storage pool: Red Hawk Investments, LLC, P.O. Box 646, Ouray, CO 81427-0646. IX. SURFACE WATER RIGHT FOR HILLSIDE SPRING 2. Name of structure: Hillside Spring 3. Legal description of location: SE1/4NW1/4 Section 10, Township 44N, Range 11W, N.M.P.M. at a point 1581 from the North section line and 2436 feet from the West section line 4. Source: The Spring is tributary to McKenzie Gulch, which is tributary to San Miguel River 5. Date of initiation of appropriation: June 1943; How appropriation was initiated: Spring was excavated and developed for stock watering use; Date water applied to beneficial use: June 1943 6. Amount claimed: .5 g.p.m. or .0011 c.f.s. absolute 7. Use: Stock water 8. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modifications to the existing storage pool: Red Hawk Investments, LLC, P.O. Box 646, Ouray, CO 81427-0646 9. Remarks or other pertinent information: All locations of structures indicated on this Application have been verified by a licensed surveyor from Del-Mont Consultants, Inc., Montrose, Colorado. SAN MIGUEL COUNTY.

CASE NO. 2008CW185. APPLICATION FOR WATER STORAGE RIGHTS AND RELATED DITCH RIGHT, CONCERNING THE APPLICATION FOR WATER RIGHTS OF VINCENT A. MAI, IN SAN MIGUEL COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 4, STATE OF COLORADO, 1200 N. Grand Avenue, Bin A, Montrose, CO 81401. 1. Name, address and telephone number of applicant: Vincent A. Mai, c/o Doug Tueller, P.O. Box 3153, Telluride, CO 81435, (970) 728-5775. Copies of all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 2. Names of Structures: Mai House Pond, Mai Meadow Pond, Mai Pond Ditch. 3. Legal Descriptions of Structures: A. The spillway of the Mai House Pond is located in the SW1/4 of the NE1/4 of Section 20, Township 42 North, Range 9 West of the N.M.P.M., San Miguel County, Colorado, at a point approximately 2,616 feet from the north section line and 2,494 feet from the east section line of said Section 20. UTM: NAD83, Zone 13 North, Northing 246,295, Easting 4,197,240. B. The spillway of the Mai Meadow Pond is located in the SW1/4 of the NE1/4 of Section 20, Township 42 North, Range 9 West of the N.M.P.M., San Miguel County, Colorado, at a point approximately 2,109 feet from the north section line and 2,252 feet from the east section line of said Section 20. UTM: NAD83, Zone 13 North, Northing 246,371, Easting 4,197,393. C. The headgate of the Mai Pond Ditch is located in the SW1/4 of the NE1/4 of Section 20, Township 42 North, Range 9 West of the N.M.P.M., San Miguel County, Colorado, at a point approximately 2,336 feet from the north section line and 1,712 feet from the east section line of said Section 20. UTM: NAD83, Zone 13 North, Northing 246,535, Easting 4,197,320. 4. Source: The Mai House Pond and Mai Meadow Pond will be filled, refilled and provided with freshening flows by means of the Mai Pond Ditch, the source of which is Skyline Creek, a tributary of the South Fork of the San Miguel River. The Mai Pond Ditch diverts at an existing PVC pipe from Beaver Lake, which is located on Skyline Creek. 5. Appropriation Date For All: December 30, 2008, by means of the filing of this application. 6. Amounts Claimed: Mai House Pond: 2.52 acre feet conditional, with the right to fill and refill continuously when in priority, with a filling rate through the Mai Pond Ditch of 0.5 cfs; Mai Meadow Pond: 1.13 acre feet conditional, with the right to fill and refill continuously when in priority, with a filing rate through the Mai Pond Ditch of 0.5 cfs; Mai Pond Ditch: 0.5 cfs, conditional. 7. Uses: Mai House Pond: In-storage use for aesthetic, piscatorial, wildlife habitat, and recreational purposes. Mai Meadow Pond: In-storage use for aesthetic, piscatorial, wildlife habitat, and recreational purposes. Mai Pond Ditch: Filing of Mai House Pond and Mai Meadow Pond, and the provision of freshening flows through such Ponds. 8. Pond and Dam Data for Mai House Pond: A. Surface area of high water line: 0.58 acres. B. Maximum height of dam: 10 feet. C. Length of dam: 125 feet. D. Total capacity: 2.52 acre feet. E. Active capacity: 1.87 acre feet. F. Dead Storage: 0.65 feet. 9. Pond and Dam Data for Mai House Pond: A. Surface area of high water line: 0.29 acres. B. Maximum height of dam: 10 feet. C. Length of dam: 60 feet. D. Total capacity: 1.13 acre feet. E. Active capacity: 0.77 acre feet. F. Dead Storage: 0.36 feet. 10. Land Ownership: The Mai House Pond, Mai Meadow Pond and Mai Pond Ditch are located entirely on land owned by the Applicant. 11. Map: A map depicting the locations of the Mai House Pond, Mai Meadow Pond and Mai Pond Ditch is on file with the Water Court. SAN MIGUEL COUNTY.

CASE NO. 2008CW186 (REF NO. 96CW313). SAN MIGUEL COUNTY. 1. Applicant: Town of Telluride, P.O. Box 397, Telluride, Colorado 81435. (Attorneys for Applicant: James R. Montgomery and Patricia M. DeChristopher, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306-1440 (303)443-8782). Application for Finding of Reasonable Diligence. 2. Description of conditional right of exchange: The subject conditional appropriative right of exchange was decreed on December 12, 2002 in Case No. 96CW313 in the District Court, Water Division No. 4. A. Location: The downstream terminus of the exchange reach is the confluence of Mill Creek and the San Miguel River, approximately in the SW1/4 NE1/4 of Section 34, Township 43 North, Range 9 West. The upstream termini of the exchange reach are the following intake points: Lower Bridal Veil Creek at the Head of Bridal Veil Falls: SW1/4 NE1/4 of Section 8, Township 42 North, Range 8 West, N.M.P.M., at a point South 55º30' East, 11,950 feet from the northwest corner of Section 6, Township 42 North, Range 8 West, N.M.P.M. Bridal Veil Creek Hydroelectric Power Plant Discharge Point: SW1/4 NE1/4 of Section 8, Township 42 North, Range 8 West, N.M.P.M., at a point bearing South 56º0' East, 11,900 feet from the northwest corner of Section 6, Township 42 North, Range 8 West, N.M.P.M. B. Source: The Town’s Municipal Water Rights are the source of the subject exchange. The Town’s Municipal Water Rights are: i. Cornet Creek Water Right (Priority No. 3): Decreed in Civil Action No. 1621, Montrose County District Court on October 31, 1911. An alternate point of diversion at Stillwell Tunnel was authorized and decreed in Case No. W-2022 in the District Court in and for Water Division No. 4 on April 18, 1974. Alternate points of diversion at Mill Creek, Bear Creek and Telluride Wells TH-1 and TH-2 were decreed in Case No. W-3281 in the District Court in and for Water Division No. 4 on May 1, 1985. Decreed Points of Diversion: Cornet Creek Original Point of Diversion: A point whence the northeast corner of Township 42 North, Range 9 West of the N.M.P.M., bears South 36° 30' East 2595.42 feet in San Miguel County, Colorado. Stillwell Tunnel Diversion: At the Stillwell Tunnel mouth approximately 200 feet east of Cornet Creek and 16,500 feet upstream of the confluence of Cornet Creek and the San Miguel River, said confluence being 1.1 miles down the San Miguel River from the San Miguel County Courthouse, in the Town of Telluride, Colorado. Said point of diversion was decreed by the Court in Case No. W-2022 as located on Cornet Creek in the NW1/4 SW1/4 of Section 30, Township 43 North, Range 8 West of the N.M.P.M. Mill Creek Diversion: An existing dam on Mill Creek approximately 7,650 feet upstream of the confluence of Mill Creek and the San Miguel River, said confluence being 1.8 miles down the San Miguel River from the San Miguel County Courthouse in the Town of Telluride, Colorado. Bear Creek Diversion: At a point approximately 7,600 feet upstream of the confluence of Bear Creek with the San Miguel River, said confluence being 0.74 miles up the San Miguel River from the San Miguel County Courthouse in the Town of Telluride, Colorado. Telluride Well TH-1: A well located approximately 400 feet south of the San Miguel River and 1,200 feet down the San Miguel River from its confluence with Bear Creek, said confluence being 0.74 miles up the San Miguel River from the San Miguel County Courthouse in the Town of Telluride, Colorado, at a point from which Corner No. 2 of No. 2 Placer, Mineral Survey 11207 bears South 8° 28' West, a distance of 503 feet. Telluride Well TH-2: A well located approximately 150 feet south of the San Miguel River and 1,200 feet down the San Miguel River from its confluence with Bear Creek, said confluence being 0.74 miles up the San Miguel River from the San Miguel County Courthouse in the Town of Telluride, Colorado, at a point from which Corner No. 2 of No. 2 Placer, Mineral Survey 11207 bears South 9° West, a distance of 741 feet. Sources: Cornet, Mill and Bear Creeks and the alluvium of the San Miguel River, all tributary to the San Miguel River. Amount: 4.28 cfs. Appropriation Date: June 15, 1886. Decreed Use: Domestic, fire fighting and general municipal purposes. ii. Cornet Creek Water Right (Priority No. 303): Decreed in Civil Action No. 4641, Montrose County District Court, on November 1, 1939. Alternate points of diversion at Mill Creek, Bear Creek and Telluride Wells TH-1 and TH-2 were decreed in Case No. W-3281 in the District Court in and for Water Division No. 4 on May 1, 1985.Decreed Points of Diversion: Described in paragraph 2.B.i. above. Source: Cornet, Mill and Bear Creeks and the alluvium of the San Miguel River, all tributary to the San Miguel River. Amount: 1.00 cfs. Appropriation Date: October 22, 1926. Decreed Use: Domestic, irrigation, fire protection and other municipal uses. iii. Mill Creek Water Right (Priority No. 11): Decreed in Civil Action No. 1621, Montrose County District Court, on October 31, 1911. Alternate points of diversion at the Stillwell Tunnel on Cornet Creek, Bear Creek and Telluride Wells TH-1 and TH-2 were decreed in Case No. W-3281 in the District Court in and for Water Division No. 4 on May 1, 1985. Decreed Points of Diversion: Described in paragraph 2.B.i. above. Source: Cornet, Mill and Bear Creeks and the alluvium of the San Miguel River, all tributary to the San Miguel River. Amount: 1.10 cfs. Appropriation Date: June 1, 1896. Decreed Use: General domestic, fire fighting and municipal purposes. iv. Telluride Municipal System: Decreed in Case No. W-3280, District Court, Water Division No. 4, on December 31, 1977. An alternate point of diversion was decreed at the Oak Street Lift Pump in Case No. 89CW092 in the District Court in and for Water Division No. 4 on November 19, 1990. Decreed Points of Diversion: Stillwell Tunnel Diversion, Mill Creek Diversion, Bear Creek Diversion, Telluride Well TH-1 and Telluride Well TH-2, all as described in paragraph 2.B. above, and Oak Street Lift Pump located on the north bank of the San Miguel River between the southern extensions of Aspen Street and Oak Street and Lot 17, Block 13, Town of Telluride, at a point from which the south quarter corner of Section 36, Township 43 North, Range 9 West bears South 20° 27'50" West a distance of 847.67 feet more or less. Source: Water tributary to the San Miguel River which is diverted from its tributaries, Mill Creek, Bear Creek and Cornet Creek; and groundwater tributary to the San Miguel River. Amount: 2.45 cfs., ABSOLUTE; 3.55 cfs., CONDITIONAL. Appropriation Date: February 18, 1977. Decreed Use: Municipal use, including domestic, irrigation, fire protection, industrial, manufacturing, commercial, recreational, and all other beneficial uses incident to distribution through the Telluride Municipal System. C. Appropriation Date: December 10, 1996. D. Amount: 6.0 cfs, CONDITIONAL. E. Uses: Municipal use, including domestic, irrigation, fire protection, industrial, manufacturing, commercial, recreational and all other beneficial uses incident to distribution through the Telluride Municipal System. 3. The application contains a detailed outline of work and expenditures during the diligence period toward completion of appropriation and application of water to beneficial use: 4. Name and address of owner of land upon which any new diversion structure or modification to any existing diversion structure is or will be constructed: Upstream termini of exchange: Idarado Mining Company, 1664 U.S. Highway 550, Ouray, Colorado 81427. 8 pages. SAN MIGUEL COUNTY.

CASE NO. 2008CW187 (REF NO. 02CW22). Applicant: Kevin Parks, 12472 3700 Road, Hotchkiss, CO 81419, Sue Parks, 8614 Gold Peak Dr., Unit F, Highlands Ranch, CO 80130-7140, Dalan Raffaghello, 6907 South Madison Way, Centennial, CO 80122- 2038. Application for Finding of Diligence: PPR Wastewater Ditch – SE ¼ NW ¼ NW ¼ of Section 15, T14S, R92W, 6th PM. 950 south of the north section line and 1,000 feet east of the west section line. Source: North Fork of the Gunnison River. Appropriation Date: 11/15/1955. Amount claimed: Additional .35 cfs for irrigation of 7 acres. The Application on file with the Water Court contains a detailed outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2008CW188. Applicant: Ronald Shull, 355 S. Kline St., Lakewood, CO 80226. Application for Surface Water Right: Shull Tailwater Diversion No. 1 Enlargement – SW ¼ NW ¼ of Section 18, T51N, R10W, NMPM. 2,625 feet from the north section line and 1,220 feet from the west section line. Source: Uncompahgre River. Appropriation Date: 10/07/2008. Amount Claimed: 0.75 cfs conditional for supplemental irrigation of 34 acres. Shull Diversion No 2 – SW ¼ NW ¼ of Section 18, T51N, R10W, NMPM. 1,718 feet from the north section line and 362 feet from the west section line. Source: Uncompahgre River. Appropriation Date: 10/07/2008. Amount Claimed: 0.06 cfs absolute for stockwater and wildlife and 0.31 cfs conditional for irrigation of 4.78 acres. DELTA COUNTY.

CASE NO. 2008CW189 (REF NO. 02CW147). Applicant: Ronald Shull, 355 S. Kline St., Lakewood, CO 80226. Application for Finding of Diligence and To Make Absolute: Shull Tailwater Diversion No 1 – SW ¼ NW ¼ of Section 18, T51N, R10W, NMPM. 2,625 feet from the north section line and 1,220 feet from the west section line. Source: Uncompahgre River. Appropriation Date: 08/26/2002. Amount Claimed: 1.0 cfs conditional for supplemental irrigation of 38.78 acres, stockwater and wildlife. Requesting .05 cfs absolute for stockwater and wildlife. The Application on file with the Water Court contains a detailed outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2008CW190. Gunnison County, Water District No. 4, Applicant: John L. Howell, Jr. and John Howell Minerals, LLC c/o Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor Street, Post Office Box 179, Gunnison, Colorado 81230, 970- 641-3326, fax 970-641-3094; Type of Application: Application For Water Rights (Conditional); Name of Structure: Cleopatra Mine and Well and Pipeline; Location: The Cleopatra Mine Well is located in Section 21, Township 51 North, Range 4 East, N.M.P.M., 2,323 feet East of the West section line and 2,457 feet North of the South section line of said Section 21, within the Cleopatra Lode Mining Claim. The pipeline starts at the entrance of the mine on the Cleopatra Lode Mining Claim, Survey No. 6507, crosses the George L. Lode Mining Claim, and the Snowflake Lode Mining Claim for use on the Alma Lode Mining Claim, Gunnison County, Colorado; Source: an unnamed tributary of Quartz Creek, a tributary to Tomichi Creek, a tributary to the Gunnison River; Quantity: 15 g.p.m., conditional; Appropriation Date: December 1880; Use: Household purposes, fire protection, the watering of domestic animals and livestock, and for the irrigation of not over one acre of home gardens and lawns. Plan of Augmentation: Applicant claims the well as an exempt well and thus no plan of augmentation is required. GUNNISON COUNTY.

CASE NO. 2008CW191. San Miguel County – San Miguel River. Application for Surface Water Rights. Applicants: TSG Ski & Golf, LLC and Town of Mountain Village, c/o Scott Balcomb and Christopher L. Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. This application seeks an enlargement for the Oak Street Pump and Pipeline water right decreed in Case No. 90CW112, Water Division 4. The max. cumulative rate of diversion under the original Oak Street Pump and Pipeline decreed in 90CW112 (5.0 c.f.s.) and Oak Street Pump and Pipeline, First Enlargement sought herein (9.0 c.f.s.), will be 9.0 c.f.s. Structure: Oak Street Pump and Pipeline, First Enlargement. Legal Desc.: NE1/4 NW1/4, Sec. 1, T. 42 N., R. 9 W., N.M.P.M. at a pt. bearing N. 61 deg. 21’ E. a dist. of 20,670 ft. from the SW corner of Sec. 9, T. 42 N., R. 9 W., N.M.P.M. Date of Approp.: 3/3/2008. Approp. Initiated: Consultation with water consultants regarding the feasibility of enlarging Oak Street Pump and Pipeline station, and formation of intent to develop additional water supplies for beneficial use. Amt.: 9.0 c.f.s., cond. Use: Snowmaking, muni., comm., irr., aug., ind., dom., aesthetic, rec., and fire protection, including through storage in the Prospect Creek Reservoir, Upper Prospect Creek Reservoir No. 1 and Upper Prospect Creek Reservoir No. 2. Decree Information for Prospect Creek Reservoir: Date Entered: 10/13/1982. Case No.: 80CW405. Ct.: Dist. Ct., Water Div. No.4. Location: The center of the embankment of the dam is located at a pt. from whence the S.W. corner of Sec. 9, T. 42 N., R. 9 W., N.M.P.M. bears N. 22 deg. E., 12,550 ft.. Source: Prospect Creek, as filled and refilled continually when in priority by the Prospect Creek Reservoir Pumping Plant and Pipeline; Telco Well Nos. 9, 10, and 11; and Telco Well Nos. 6 and 8, including as changed for div. at Telco Well Nos. 6/8Al through 6/8A9 decreed in 90CW112, Dist. Ct., Water Div. No.4. Amt.: 25 AF, absolute; Case Nos. 91CW25-91CW30 (Consolidated), 02CW153. Use: irr., muni. use, comm. use, dom. use, fire protection, rec., aesthetic, snowmaking and all other beneficial uses, either directly or by exchange. Decree Information for Upper Prospect Creek Reservoirs 1 & 2: Date Entered: 8/7/1996. Case No.: 90CW112. Ct.: Dist. Ct., Water Div. No. 4. Locations: Upper Prospect Creek Reservoir No.1: SW1/4 SE 1/4, Sec. 3, T. 42 N., R. 9 W., N.M.P.M. at a pt. that bears N. 56 deg. E., a dist. of 11,090 ft. from the SW Corner, Sec. 9, T. 42 N., R. 9 W., N.M.P.M. Upper Prospect Creek Reservoir No.2: SW1/4 SE1/4, Sec. 3, T. 42 N., R. 9 W., N.M.P.M. at a pt. that bears N. 58 deg. 10’ E. a dist. of 10,820 ft. from the SW Corner, Sec. 9, T. 42 N., R. 9 W., N.M.P.M. Source: Prospect Creek, as filled by the Upper Prospect Creek Snowmaking Pumping Plant & Pipeline; Telco Well Nos. 9, 10, and 11; and Telco Well Nos. 6 and 8, including as changed for div. at Telco Well Nos. 6/8A1 through 6/8A9 decreed in 90CW112, Dist. Ct., Water Div. No.4. Amt.: 20 AF for each structure, of which 5.5 AF is decreed absolute for each structure; Case No. 02CW153. Use: The right to fill and refill continually when in priority for snowmaking, aesthetic, aug., muni., ind. and dom. purposes. A portion of the storage capacity is reserved to allow higher peak pumping rates for Upper Prospect Creek Snowmaking Pumping Plant & Pipeline. Alternate Places of Storage. The Prospect Creek Reservoir and Upper Prospect Creek Reservoirs Nos. 1 and 2 were changed to the following alternate places of storage by decree entered in Case No. 96CW232, and the original decreed locations listed above were abandoned by that decree. Prospect Creek Reservoir Alternate No.1- N1/2, N1/2, Sec. 11, T. 42 N., R. 9 W., N.M.P.M., San Miguel County, CO, as follows: Commencing at the N.W. Corner of said Sec. 11 from which the N.W. Corner of Sec. 2, T. 42 N., R. 9 W., N.M.P.M. bears N. 01 degree 15’ 39” E., 5,266.63 ft. (basis of bearing), thence S. 79 deg. 02’ 56” E., 2,420 ft. to said pt. Storage capacity: 30 AF. Prospect Creek Reservoir Alternate No.2- S1/2, S1/2 of Sec. 2, T. 42 N., R. 9 W., N.M.P.M., San Miguel County, CO, as follows: Commencing at the S.W. Corner of said Sec. 2 from which the N.W. Corner of said Sec. 2 bears N. 01 degree l5’ 39” E., 5,266.63 ft. (basis of bearing), thence N. 84 deg. 22’ 05” E., 2,675 ft. to said pt.. Storage capacity: 10 AF. Prospect Creek Reservoir Alternate No.3- S1/2, S1/2 of Sec. 2, T. 42 N., R. 9 W., N.M.P.M., San Miguel County, CO, as follows: Commencing at the S.W. Corner of said Sec. 2 from which the N.W. Corner of said Sec. 2 bears N. 01 degree l5’ 39” E., 5,266.63 ft. (basis of bearing), thence N. 74 deg. 17’ 27” E., 2,545 ft. to said pt.. Storage capacity: 25 AF. The surface area of the three alternate facilities combined will not exceed 15.5 acres. Remarks: The Oak Street Pump and Pipeline, First Enlargement water right sought herein will divert at up to 9.0 c.f.s. when placed to use for the proposed beneficial uses through storage in the reservoirs identified above, but will divert at no more than 4.0 c.f.s. when placed to use for the proposed beneficial uses by direct diversion. Applicants are the owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is located. The subject structures are shown on the map attached as Exhibit A to the application on file with the Ct. 8 pgs. SAN MIGUEL COUNTY.

CASE NO. 2008CW192. San Miguel County – San Miguel River. Application for Storage Water Rights. Applicants: TSG Ski & Golf, LLC and Town of Mountain Village , c/o Scott Balcomb and Christopher L. Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO, 81602; 970-945-6546. This application seeks enlargement storage water rights in Trout Lake Reservoir and Lake Hope Reservoir. The enlargement sought is 70 AF for either reservoir individually or as a cumulative total between both reservoirs. Structure: Trout Lake Reservoir, TSG/TMV Enlargement. Location of dam: an on-stream reservoir located in the upper reach of the Lake Fork of the San Miguel River. The initial pt. of survey is at a pt. whence the NW corner of the SW3 of Sec. 8, T. 41 N., R. 9 W., N.M.P.M., bears N. 89 deg. 15' W. 976 ft., in San Miguel County, CO. Source: Lake Fork of the San Miguel River, trib. to the S. Fork of the San Miguel River, trib. to the San Miguel River. Date of Approp.: 12/18/2008. Approp. Initiated: Consultation with water consultants, formation of intent to appropriate water supplies for beneficial use, and notice to Xcel Energy of intent to contract for capacity in Trout Lake Reservoir. Amt.: 70.0 AF, cond. Use: Aug., directly or by exchange, of snowmaking, muni., comm., irr., ind., dom., aesthetic, rec., and fire protection; hydropower generation. Structure: Lake Hope Reservoir, TSG/TMV Enlargement. The location, as desc. in C.A. 4641: A pt. whence the NW corner of Sec. 27, T. 41 N., R. 9 W., N.M.P.M., bears N. 44 deg. 20’ W. 3,175 ft.. The location, as desc. in Case No. 88CW174: A pt. whence the NW corner of Sec. 27, T. 41 N., R. 9 W., N.M.P.M., bears N. 44 deg. 20’ W., a dis. of 3,175 ft., thence along the Project Boundary Line S. 11 deg. 12’ W., 240 ft., thence S. 21 deg. 50’ E. 198 ft., thence S. 40 deg. 00’ W. 514 ft., thence S. 0 deg. 35’ E. 580 ft., thence S. 61 deg. 00’ E. 298 ft., thence S. 49 deg. 55’ E. 268 ft., thence N. 74 deg. 30’ E. 237 ft., thence S. 50 deg. 00’ E. 395 ft., thence S. 78 deg. 44’ E. 236 ft., thence N. 72 deg. 30’ E. 308 ft., thence N. 50 deg. 28’ E. 553 ft., thence N. 57 deg. 45’ E. 193 ft., thence N. 34 deg. 29’ E. 250 ft., thence N. 5 deg. 07’ E. 237 ft., thence N. 25 deg. 42’ W. 182 ft., thence N. 64 deg. 20’ W. 282 ft., thence N. 80 deg. 57’ W. 442 ft., thence N. 23 deg. 00’ W. 594 ft., thence N. 43 deg. 45’ W. 510 ft., thence N. 69 deg. 05’ W. 208 ft., thence S. 67 deg. 20’ W. 295 ft. to the pt. of beginning. Source: Lake Fork of the San Miguel River, trib. to the S. Fork of the San Miguel River, trib. to the San Miguel River. Approp.: 12/18/2008. Approp. Initiated: By consultation with water consultants, formation of intent to appropriate water supplies for beneficial use, and notice to Xcel Energy of intent to contract for capacity in Lake Hope Reservoir. Amt. claimed: 70.0 AF cond. Use: Aug., directly or by exchange, of snowmaking, muni., comm., irr., ind., dom., aesthetic, rec., and fire protection; hydropower generation. Remarks: Applicants intend to apply for a water storage lease or leases with Xcel Energy, the owner and operator of Trout Lake Reservoir and Lake Hope Reservoir, to allow Applicants to store up to 70.0 AF of water each year, individually or as a cumulative total between both reservoirs, for later release for aug. purposes and hydropower generation purposes. The hydropower generation use will be an incidental non-consumptive beneficial use of the aug. releases of water stored under these water rights. The aug. component will be used to supplement existing replacement supplies for TSG Ski & Golf, LLC and the Town of Mountain Village, upon approval of a planned application for a plan for aug. for this purpose. The subject structures are shown on the map attached as Exhibit A to application on file with Ct. 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. Xcel Energy, Water Resources, 4653 Table Mountain Drive, Golden, CO 80403; Applicants. 6 pgs. SAN MIGUEL COUNTY.

CASE NO. 2008CW193. MONTROSE COUNTY. Source: Middle Horsefly Creek and Horsefly Creek, trib. to the San Miguel River. Application for Change of Water Right and Surface Water Right. Applicant: Eldred Colorado Family, LP, in care of Scott Balcomb and Sara Dunn, Balcomb & Green, PC, PO Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. Decreed Name of structure for which change is sought: Finch Reservoir. Previous decree dated 2/16/1973, Case No. W-1359, Water Court Div. 4. Decreed location: The initial point of the dam is located at a point in the SE1/4 NE1/4 of Sec. 35, T46N, R11W, NMPM, whence the NE corner of Sec. 35 bears N. 5 deg. 32’E. 2098 ft. from the initial point of the dam. The dam is located in the SE1/4 NE1/4 and the NE1/4 SE1/4 in Sec. 35, and the W1/2 NW1/4 of Sec. 36, T46N, R11W, NMPM. Source: Horsefly Creek. Approp: 11/1/1971. Amt: 21,900 af, cond, with the right to fill and re-fill when water is physically and legally available. Historic Use: The Finch Reservoir water right is cond. and has not been placed to beneficial use. The cond. uses decreed in Case No. W-1359 include dom., piscatorial, irr. and rec. Proposed Change: Applicant seeks two ALTERNATE PLACES OF STORAGE for the Finch Reservoir cond. water right, as follows: Hofmann Reservoir No. 16, Finch Reservoir Enlargement. Legal description of place of storage: The SE end of the reservoir at the inflow point for the Hofmann Reservoir Nos. 16/17 Ditch is described as the SW1/4, NW1/4, SW1/4, Sec. 34, T46N, R10W, NMPM, 1630 ft. from S. Sec. line, 420 ft. from W. Sec. line of Sec. 34. Off-channel reservoir feeder ditches: Hofmann Reservoir Nos. 16/17 Ditch. Amt. 3.0 cfs. Legal description: The feeder ditch headgates are located on the mainstem Middle Fork Horsefly Creek and on an up-gradient trib. as follows: NW1/4, NW1/4, SE1/4, Sec. 34, T46N, R10W, NMPM, 2100 ft. from S. Sec. line, 2120 ft. from E. Sec. line of Sec. 34; and the SE1/4, SW1/4, NE1/4, Sec. 34, T46N, R10W, NMPM, 2900 ft. from S. Sec. line, 1890 ft. from E. Sec. line of Sec. 34. Storage Amt: 178 af., combined with the Hofmann Reservoir 17, Finch Reservoir Enlargement. Hofmann Reservoir No. 17, Finch Reservoir Enlargement. Legal description of place of storage: The S. end of the reservoir described as the NW1/4, SE1/4, SE1/4, Sec. 33, T46N, R10W, NMPM, 1150 ft. from S. Sec. line and 720 ft. from E. Sec. line of Sec. 33. Off-channel reservoir feeder ditches as described above. Storage Amt: 178 af., combined with the Hofmann Reservoir 16, Finch Reservoir Enlargement. SURFACE WATER RIGHT. Spirit Ditch. Legal Description of Headgate: NW1/4, SE1/4, SE1/4, Sec. 34, T46N, R10W, NMPM, 770 ft. from E. Sec. line, 770 ft. from S. Sec. line of Sec. 34. Amt 3.0 cfs, cond., for delivery of water into storage in Spirit Reservoir, as described in 07CW216, Dist. Ct., Water Div. 4; Hofmann Reservoir 16; Finch Reservoir Enlargement and Hofmann Reservoir 17, Finch Reservoir Enlargement, described herein. Water diverted by Spirit Ditch may also be used directly for irr. uses so long as the water applied directly for irr. uses is measured and applied against the first fill of Finch Reservoir. The cond. uses decreed in W-1359 include dom., piscatorial, irr. and rec. Source: Middle Fork Horsefly Creek. Appprop: 11/1/1971. Approp. initiated by designing the Spirit Ditch to deliver water that would have been stored in the original Finch Reservoir site decreed in W- 1359, Water Court, Div. 4, into alternate points of storage located up-gradient of the original Finch Reservoir site described herein and in 07CW216, Water Court, Div. 4. Applicant owns land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored. (8 pgs.). MONTROSE COUNTY.

CASE NO. 2008CW194. MONTROSE COUNTY. Source, Clay Creek and Horsefly Creek tributary San Miguel River. Application for Surface Water Rights. Applicant: Eldred Colorado Family, LP in care of BALCOMB & GREEN, PC, Scott Balcomb and Sara Dunn, PO Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. Monica’s Spring Enlargement. Legal description: SW1/4, NW1/4, NE1/4, Sec. 10, T45N, R11W, NMPM, 980 ft. from N. Sec. line, 2500 ft. from E. Sec. line of Sec. 10. Source: Clay Creek. Approp: 5/1/1967, by use of spring for stock watering, wildlife watering and filling of Monica’s Pond. Water applied to beneficial use: 5/1/1967. Amt: 0.196 cfs, abs. Eldred Spring 2 Enlargement. Legal description: SE1/4, SW1/4, NW1/4, Sec. 6, T45N, R10W, NMPM, 3120 ft. from S. Sec. line, 4550 ft. from E. Sec. line of Sec. 6. Source: Horsefly Creek. Approp. 5/1/1967, by use for stock watering, wildlife watering and filling of Eldred Pond No. 1. Date water applied to beneficial use: 5/1/1967. Amt. 0.050 cfs, abs. Eldred Spring 3 Enlargement. Legal description: NW1/4, NE1/4, NW1/4, Sec. 17, T45N, R10W, NMPM, 4690 ft. from S. Sec. line, 3,420 ft. from E. Sec. line of Sec. 17. Source: Horsefly Creek. Approp. 4/14/ 2006 by field reconnaissance, flow and water quality measurements, and formulation of intent to appropriate for irr. of up to 0.5 acre in portions of NE1/4, NW1/4, Sec. 17, T45N, R10W, NMPM, and dom. use. Amt: 0.047 cfs (21 gpm), cond. Powerline Spring and Tank No. 1, Second Enlargement. Legal description: SE1/4, SW1/4, NE1/4, Sec. 33, T46N, R10W, NMPM, 3250 ft. from S. Sec. line, 1670 ft. from E. Sec. line of Sec. 33. Source: Horsefly Creek. Approp. 7/5/1977 by use of spring for purposes decreed in Case W-1868 and carrying overflow water into ditch from spring use/source area to mainstem Horsefly Creek for subsequent irr. diversions and proposed for stock watering and wildlife watering use. Date water applied to beneficial use: 7/5/1977. Amt. 0.261 cfs, abs. Applicant owns the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. (7 pgs.). MONTROSE COUNTY.

CASE NO. 2008CW195. GUNNISON COUNTY. Unnamed stream fed by springs tributary to the Cimarron River. Cecil and Noelle Hernandez, c/o Patrick, Miller & Kropf, P.C., 730 East Durant St., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR SURFACE WATER RIGHT AND WATER STORAGE RIGHT. First Claim: Name of structure: J and N Ditch. Legal description of location of point of diversion: Gunnison County, SW ¼ of the NE ¼, Section 4, Township 46 North, Range 6 West, of the N.M.P.M. at a distance of 2609 feet from the South section line and 2381 feet from the West section line. Source (tributary and river): Unnamed stream fed by springs tributary to the Cimarron River. Date of Appropriation: July 31, 2003. How appropriation was initiated: Field inspection, physical steps in the field, and formulation of intent to apply water to beneficial use. Amount claimed: 0.25 cfs, conditional. Use or proposed use: To fill and refill Rainbow Lake, described in the Second Claim herein, the uses of the water in Rainbow Lake will be for stockwatering, fire protection, recreation, piscatorial, wildlife propagation and aesthetic. If non-irrigation, describe purpose fully: The water right will be used supplement filling of Rainbow Lake which is primarily used for stockwatering of cattle owned by the applicant, additionally, the lake is used for fish and wildlife propagation, fishing, boating and fire protection of the applicant’s property. The name and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing or diversion or storage structure is or will be constructed or upon which water is or will be or stored, including any modification to the existing pool: Applicant. Second Claim: Name of reservoir: Rainbow Lake. Legal description of location of dam: The dam is located in Gunnison County, NW ¼ of the NW ¼, Section 4, Township 46 North, Range 6 West, of the NM Prime Meridian at a distance of 2964 feet from the North section line and 564 feet from the West section line. Source: Spring, an unnamed tributary of the Cimarron River and natural runoff. Date of Appropriation: July 16, 2002. How appropriation was initiated: Improvements to pond and application of water to beneficial use. Date water applied to beneficial use: July 16, 2002. Amount claimed: 60 acre feet, with the right to fill and refill when water is physically and legally available. Use: Stockwatering, fire protection, recreation, piscatorial, wildlife propagation and aesthetic. If non-irrigation, describe purpose fully: The lake is primarily used for stockwatering of cattle owned by the applicant, additionally, the lake is used for fish and wildlife propagation, fishing, boating and fire protection of the applicant’s property. Surface area of high water line: 2 acres. Maximum height of dam in feet: under 10 feet. Length of dam in feet: 1050 feet. Total capacity of reservoir in acre feet: 60 acre feet. Active capacity: 15 acre feet. Dead Storage: 45 acre feet. The name and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing or diversion or storage structure is or will be constructed or upon which water is or will be or stored, including any modification to the existing pool: Applicant. Remarks or any other pertinent information: The lake is constructed such that it has a shallow non- jurisdictional dam (10 feet or less), with a deeper center of the lake which is approximately 35 feet in depth. GUNNISON COUNTY.

AMENDED/CORRECTED:

CASE NO. 2003CW108. AMENDED APPLICATION FOR STORAGE WATER RIGHT AND APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. Upper Gunnison River Water Conservancy District, 234 N. Main Street, Suite 3C, Gunnison, CO 81230, Attention: General Counsel; Telephone: 970.641.6065. CLAIM NO. 1 AMENDED APPLICATION FOR WATER STORAGE RIGHT. Name of Reservoir: Lake San Cristobal. Legal description of location of dam: Left abutment of dam is located in Hinsdale County, in the NE¼NE¼SW¼ Section 15, Township 43 North, Range 4 West, N.M.P.M., at a point approximately 2260 feet east of the west section line and 2040 feet north of the south section line of said Section 15. Source: Lake Fork of the Gunnison River. Facts concerning appropriation: The appropriation was initiated by resolution of the Upper Gunnison River Water Conservancy District Board of Directors on April 28, 2003. Amount claimed: One annual fill in the amount of 950 acre-feet, conditional; A second annual fill in the amount of 950 acre-feet, conditional. Uses: Domestic, municipal, commercial, industrial (to include mining, milling and reclamation), irrigation, recreation, fishery and wildlife habitat and all other lawful beneficial uses within the Upper Gunnison River Water Conservancy District directly or by augmentation or exchange. Surface area of high water line: Approximately 340 acres. Maximum height of dam in feet: Approximately four feet. Length of dam in feet: Approximately 85 feet. Total capacity of reservoir in acre-feet: 950 acre-feet, in addition to natural lake content of approximately 11,000 acre-feet. Active capacity: 950 acre-feet. Dead storage : None. Names and addresses of the owners of the land on which structures are located and upon which water will be stored are attached as EXHIBIT A. CLAIM NO. 2 AMENDED APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. Names of structures to be augmented: The District proposes to augment out-of-priority depletions by wells, surface diversions and ponds in the Lake Fork and Gunnison River basins, and the basins of tributaries thereof, within the boundaries of the District by providing a substitute water supply directly and by exchange. Out-of-priority depletions in the reach of the Lake Fork of the Gunnison River downstream from Lake San Cristobal can be augmented directly under this plan. Out-of-priority depletions in the reach of the Lake Fork of the Gunnison River upstream from Lake San Cristobal can be augmented under this plan by exchange. The District seeks approval of an appropriative right of exchange for this exchange. Out-of-priority depletions in the reach of the Gunnison River and its tributaries downstream of the structures listed below or the lower terminus of the instream flow water rights listed below can be augmented under this plan by exchange. The District seeks approval of an appropriative right of exchange for this exchange.

Stream Name Local Calling Right

Tomichi Creek Biebel Ditches No.1 and No.2

Stubbs Gulch Graham Ditch

Powderhorn Creek Schecker Ditch

Trout Creek Johnson Ditch

Ohio Creek CWCB Instream Flow

East River East River No. 2 Ditch

Slate River CWCB Instream Flow

Antelope Creek Hamor Ditch

The reaches described above are within the boundaries of the District. Water right to be used for augmentation: The water right to be decreed to Lake San Cristobal as described above. Statement of Plan for Augmentation: Augmentation will be provided by releases of water from Lake San Cristobal as and when requests for release of water are made by the Division Engineer, Water Division No. 4 (Division Engineer), to provide replacement water sufficient to replace out-of-priority depletions by structures owned by holders of Augmentation Certificates issued by a Water Activity Enterprise owned by the District (Enterprise). The Enterprise will be managed jointly by the District, Hinsdale County, and the Town of Lake City. The District anticipates that the decree will provide that the Division Engineer should consult with the Colorado Water Conservation Board and the Colorado Division of Wildlife regarding the timing and quantity of releases. Depletions. The required augmentation for the depletions caused by the various structures within the District will be based upon the following assumptions: Domestic Indoor Use. To assure that adequate replacement water is delivered under this plan, diversion for indoor use for single family dwellings is assumed to be 350 gallons per dwelling unit per day, unless actual pumping records demonstrate otherwise to the satisfaction of the Division Engineer. Consumptive use of such diversions is ten percent (10%) where the dwelling utilizes a non-evaporative individual sewage disposal system and five percent (5%) where the dwelling unit is connected to a central wastewater treatment system. Lawn and Garden Irrigation. Consumptive use of diversions from wells completed within the alluvium and located within 100 feet of a live stream for lawn and garden irrigation has been determined using a modified Blaney-Criddle assessment adjusted for precipitation and temperature conditions in each elevation zone within the District, and will be calculated based upon the table included in the Amended Application. Pond Evaporation. The amount of replacement water for evaporation from ponds and other water surfaces in each elevation zone within the District will be calculated in accordance with the tables included in the Amended Application. Stockwater. Consumptive use by horses, cows and other types of livestock is eleven (11) gallons per animal per day. Transit losses. Estimated to be 0.1% (0.001) of reservoir releases for each mile of distance from the reservoir to the point of the depletion being augmented. Other. Replacement water requirements for other uses, including irrigation, commercial and industrial uses, will be determined by applicants for Augmentation Certificates on a case-by-case basis, subject to review and approval by the Division Engineer. Implementation of the plan. The plan will be implemented as follows: Augmentation Certificates. Persons who are users of water diverted at points of diversion within the stream reaches described above, may apply to the Enterprise to purchase the right to direct release of augmentation water. Such rights will be evidenced by Augmentation Certificates. Upon receipt of an application, payment of all required fees and such other information as the Enterprise may require, the Enterprise will issue Augmentation Certificates to qualified water users entitling them to benefit from this plan for augmentation. The Augmentation Certificates will be issued in the amount requested by the applicant in increments of not less than 0.05 acre-foot of replacement water. It is incumbent upon each applicant for an Augmentation Certificate to determine the amount of water required to replace its depletions and to make application for same. Determination of the amount of replacement water required will be in accordance with the assumptions stated above. Number of Augmentation Certificates. The number of Augmentation Certificates to be issued by the Enterprise will limited by the amount of water decreed to Lake San Cristobal pursuant to the application described above and will not exceed the acre-foot equivalent of that amount as determined by this Court. Source of Replacement Water. Holders of Augmentation Certificates may identify as the source of replacement water for their out-of-priority depletions the water rights decreed to Lake San Cristobal described above and this plan for augmentation. Locations. The locations of the authorized points of diversion and places of use for water rights whose depletions are being augmented by this plan for augmentation will be defined on the Augmentation Certificates when the application for Augmentation Certificate is reviewed and approved by the Division Engineer. Listing. The Enterprise will maintain a permanent listing of the Augmentation Certificates, identifying the water rights whose depletions are being augmented by this plan for augmentation, the amount of replacement water purchased for each water right, and the name, address and telephone number of the owner of the water right. A current listing will be provided annually, or as requested, to the Division Engineer. GUNNISON AND HINSDALE COUNTIES.

CASE NO. 2008CW79 Applicant: Vincent and Margaret Farnsworth, 3358 Mahogany Drive, Montrose, CO 81401. Amended Application for Surface and Storage water Rights: In addition to information originally applied for and published in August 2008, applicant is requesting the following additional structures as well: Farnsworth Wastewater 2 – SW ¼ NW ¼ of Section 26, T48N, R6W, NMPM. 1,436.79 feet from the north section line and 38.19 feet from the west section line. Source: Little Cimarron River tributary to the Gunnison River. Appropriation Date: 05/01/1941. Amount Claimed: 0.35 cfs absolute for irrigation of 7 acres. Farnsworth Wastewater 3 – SW ¼ NW ¼ of Section 26, T48N, R6W, NMPM. 1,636.95 feet from the north section line and 39.03 feet from the west section line. Source: Little Cimarron River tributary to the Gunnison River. Appropriation Date: 05/01/1941. Amount Claimed: 0.25 cfs absolute for irrigation of 7 acres. Farnsworth Wastewater 4 – SW ¼ NW ¼ of Section 26, T48N, R6W, NMPM. 2,564.96 feet from the north section line and 87.67 feet from the west section line. Source: Little Cimarron River tributary to the Gunnison River. Appropriation Date: 05/01/1941. Amount Claimed: 0.35 cfs absolute for irrigation of 7 acres. Farnsworth Spring 6 – SE ¼ NE ¼ of Section 27, T48N, R6W, NMPM. 2,056.96 feet from the north section line and 218.09 feet from the east section line. Source: Little Cimarron River tributary to the Gunnison River. Appropriation Date: 05/01/1941. Amount Claimed: 0.10 cfs absolute for irrigation of 7 acres. MONTROSE COUNTY.

YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 2009, to file with the Water Clerk, in quadruplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401