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 May 2004. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: 1) Case No. 04CW68, David and Melinda Tredway, 332 Bevington Road, Gunnison, CO 81230; Application for Surface Water Rights: TREDWAY WATER PUMP. Located NW ¼ of the SW ¼ of Section 2, Township 49 North, Range 1 West, N.M.P.M. Distance from section lines: 2287 feet from north and 68 feet from west. Source of Water: Gunnison River. Date of Appropriation: 1996; Amount claimed: .0033; Use: Lawn irrigation. GUNNISON COUNTY. 2) Case No. 04CW70, Linda Vendehey, 84340 Highway 50, P.O. Box 131, Cimarron, CO 81220; Application for Storage and Surface Water Rights: KELLY’S ANGUS RESERVOIR. Located NW ¼ SW ¼ Section 22, Township 48 North, Range 6 West, N.M.P.M. Distance from section lines: 1686 feet from south and 341 feet from west. Off-channel reservoir – Kelly’s Ditch, NW ¼ SW ¼ Section 22, Township 48 North, Range 6 West, N.M.P.M. Distance from section lines 1414 feet from south and 370 feet from west. Source of Water: Big Cimarron. Date of appropriation: 5-03-04; Amount claimed: 5 a.f. conditional. Use: Stock water, domestic, irrigation. Additional information: Old historic reservoir. Plan to reconstruct since it has not been used for a while and needs to be rebuilt. Have been using the surface water in ditch for irrigation. MONTROSE COUNTY. 3) Case No. 04CW71, Jill VanDanBerg, 30498 Highway 92, Hotchkiss, CO 81419; Application for Surface Water Rights: VANDENBERG SPRING. Located SE ¼ SW ¼ Section 36, Township 15 South, Range 92 West, 6th P.M. Distance from section lines: 700 feet from south and 2800 feet from east. Source of Water: Smith fork of the Gunnison River. Date of appropriation: 12-20-2003; Amount claimed: 15 gpm conditional; Use: Domestic and yard. DELTA COUNTY. 4) Case No. 04CW72 (Ref. No. 97CW150), Wayne Bower, 1666 Black Canyon Road, P.O. Box 143, Crawford, CO 81415; Application for Finding of Diligence: COYOTE CANYON SPRINGS NO. 4, 5, AND 6. Located SE ¼ SE ¼ Section 23, Township 51 North, Range 7 West, N.M.P.M. Distance from section lines: No. 4 – 10 feet from south and 300 feet from east; No. 5 – 1020 feet from south and 200 feet from east; No. 6 – 970 feet from south and 400 feet from east. Source of Water: Uncompahgre River. Date of Appropriation: September 25, 1997; Amount claimed: .30 c.f.s.; Use: Domestic, stock water, wildlife, and irrigation. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: I paid $381.74 to West Water associates for a spring development plan. I also had a spring design developed by Jeff Crane a hydrologist from Hotchkiss, CO. I had a surveyor create and record a protected area, about 10 acres, around the springs. MONTROSE COUNTY. 5) Case No. 04CW74, Craig Nichols, 132 Apache Road, Gunnison, CO 81230; Application for Surface Water Rights: CRAIG’S PUMP. Located NE ¼ SW ¼ Section 24, Township 50 North, Range 1 West, N.M.P.M. Distance from section lines: 2575 feet from south and 1990 feet from west. Source of Water: Gunnison River. Appropriation date: July 21, 2003; Amount claimed: .05 c.f.s. absolute; Use: Lawn irrigation. GUNNISON COUNTY. 1 6) Case No. 04CW75 (Ref. No. 97CW143), David G. Taylor, 1206 Howard Street, Delta, CO 81416; Application for Storage Water Rights: UPPER 40 POND. Located NE ¼ SW ¼ Section 16, Township 46 North, Range 9 West, N.M.P.M. Distance from section lines: 1653 feet from south and 1287 feet from west. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Upper 40 Spring. Located NW ¼ SW ¼ Section 16, Township 46 North, Range 9 West, N.M.P.M. Distance from section lines: 1638 feet from south and 1317 feet from west. Source of Water: Uncompahgre River. Appropriation date: August 17, 1998; Amount claimed: .12 a.f. absolute; Use: Irrigation, stock water, and recreation. Finding of Diligence: UPPER 40 SPRING. Located NW ¼ SW ¼ Section 16, Township 46 North, Range 9 West, N.M.P.M. Distance from section lines: 1550 feet from south 850 feet from west. Source of Water: Uncompahgre River. Date of Appropriation: September 12, 1997; Amount claimed: .033 c.f.s.; Use: Stock water, recreation, domestic, and irrigation. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Constructed pond, recreational use and fire protection. OURAY COUNTY. 7) Case No. 04CW76, William N Byers, 52189 Amber Road, Delta, CO 81416; Application for Surface Water Rights: NATE SPRING. Located NE ¼ SW ¼ Section 20, Township 51 North, Range 11 West, N.M.P.M. Distance from section lines: 100 feet from south and 130 feet from east. Source of Water: Runs into Wise Creek and the Gunnison River. Date of appropriation: November 15, 2003; Amount claimed: .375 c.f.s. conditional; Use: Irrigated grass pasture and piscatorial use. MONTROSE COUNTY. 8) Case No. 04CW77, Applicant: MacTiernan’s San Juan Guest Ranch, c/o Scott MacTiernan, 2882 Highway 23, Ridgway, CO 81427, 970.626.5360. Name, Address and Telephone number of Attorney for Applicant: Andrew A. Mueller, Reg. No. 26376, PO Box 646, 645 2nd Street, Ouray, CO 81427; Telephone: 970-325-4414. APPLICATION FOR APPROVAL OF AUGUMENTATION PLAN FOR SJR POND. 1. Name of structure to be augmented: SJR Pond. 2. Previous decree for water right to be used for augmentation: Park Ditch A. Date entered: 5/15/1897. B. Case No.: First General Adjudication. C. Court: Water Division No. 4, (Old Water District Number 68). D. Type of water right: Surface. E. Legal description of point of diversion: Decreed point of diversion as stated in the First General Adjudication: “The headgate of the Park Ditch is situated at a point whence the Corner of Sections 26-27- 34 and 35, in Township 45 North of Range 8 West, N.M.P.M. bears North 18º 8’ East 3035.7 feet distant.” F. Source: West Branch of the Uncompahgre River. G. Amount: 0.189 c.f.s. H. Appropriation: 1881 I. Decreed Use: Irrigation, stock water, piscatorial and recreational uses. 3. Historic use: The entire .189 c.f.s. has historically been used to irrigate approximately thirteen (13) acres. The legal description of the acreage that has been historically irrigated is: Lot 2 Scenic View Subdivision, Ouray County, Colorado, according to the recorded plat thereof, located in Section 34, Township 45 North, Range 8 West, N.M.P.M. The approximate historical location of the irrigation use of the water is identified on the attached map. See attached map, Exhibit 1. The Applicant has been using the water for the decreed purposes of irrigation, stock water, piscatorial and recreational uses. 4. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Augmentation of evaporative losses from the SJR Pond has already been achieved by the use of historic irrigation consumptive use credits (C.U.C.). The historic irrigation C.U.C. have already been obtained by removal of the necessary .231 acres, or 10,062.36 square feet, of historically irrigated land. This removal created C.U.C. which are used to off-set the evaporative loss depletions during the irrigation season. Historic consumptive use associated with evaporative loss from the SJR Pond is estimated at .816 AF/A per year. Derivation of this Data is shown on Table 1 attached hereto as Exhibit 2. The consumptive use credits available due to the removal of .231 acres of historically irrigated land totals approximately .816 Acre Feet. The monthly distributions of available consumptive use credits are shown on Table 1, row 6, 2 attached as Exhibit 2. The Applicant has removed .231 acres from historic irrigation under the Park Ditch through by construction of the SJR Pond in June of 1986. Construction of the pond removed approximately 22,500 square feet of historically irrigated property. According to the application in 98CW60, Water Div. 4, the surface area of the high water line of the pond is 22,500 square feet. The approximate location of the Pond on the property is identified on the map, attached as Exhibit 1. The removal of .231 acres from historic irrigation will result in a reduction of the Applicant’s direct flow right in the Park Ditch to .183 c.f.s. 5. Name and address of owner of the land on which structures is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant is the owner of the land on which the structure is located and where the water is stored and placed to beneficial use. OURAY COUNTY. 9) Case No. 04CW78, John P. Wilson c/o L. Richard Bratton at Bratton & McClow, LLC 232 W. Tomichi Ave., Suite 202, Gunnison, CO 81230. Name of structure: Bent Creek No.