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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 2007. 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 NO. 2007CW180. Applicant: CLW Colorado Investments, LLC, C/O C. L. Werner, Manager, 14301 FNB Parkway, Suite 115, Omaha, NE 68154. Application for Surface Water Right: Werner Waster Water Ditch – SE ¼ NW ¼ of Section 27, T50N, R10W, NMPM. 2,482 feet from the north section line and 2,009 feet from the west section line. Source: Uncompahgre River. Appropriation Date: 11/09/2007. Amount Claimed: 1.5 cfs conditional for stockwatering and irrigation of up to 45 acres. MONTROSE COUNTY. CASE NO. 2007CW181. Applicants: Todd Betz and Jeth Betz, 23976 Ute Trail Road, Cedaredge, CO 81413, Milton Kramer and Rebecca Kramer, 23981 Ute Trail Road, Cedaredge, CO 81413, MMW Trust, Martin Wist and Marion Wist, 24119 Ute Trail Road, Cedaredge, CO 81413; Application for Surface Water Right: Wonders Ditch – SW ¼ SE ¼ of Section 32, T12S, R94W, 6th PM. 685.67 feet from the south line and 1,723.44 feet from the east section line. Source: Youngs Creek and the Gunnison River. Appropriation Date: 09/30/1954. Amount Claimed: 1.50 cfs absolute for irrigation, stockwater and fish. DELTA COUNTY. CASE NO. 2007CW182 (REL NO. 01CW96). Applicant, Tri-County Water Conservancy District. Mailing address: P.O. Box 347, Montrose, CO 81402. Attorney: Victor T. Roushar, P.O. Box 327, Montrose, CO 81402; (970) 249-4531. Name of Structure: Ramshorn Reservoir and Dallas Divide Reservoir. Describe conditional water right (as to each structure) giving the

following from the referee=s ruling and decree: A. Original Decree: Date of original decree,

April 14, 1961, Civil Action No. 2440, 5th Adjudication District Court, Ouray County, Colorado; Reference Number 5: 01CW96; 94CW52; 86CW201; 83CW9: W-601; W-41; B. Name, location and amount: Conditional Priority #48 - Ramshorn Reservoir on Cow Creek and Red Creek for 24,349.14 acre feet. Located at a point whence the Northwest corner, Section 9,

Township 45 North, Range 7 West, N.M.P.M., bears North 10 3' West 13,438 feet. Conditional Priority #49 - Dallas Divide Reservoir on Pleasant Valley Creek for 14.089.16 acre feet. Located at a point whence the Southwest corner of Section 14, Township 45 North, Range 10

West, N.M.P.M. bears South 84 18' West 8,010 feet. C. Source: The Uncompahgre River and tributaries thereto. D. Appropriation Date: November 16, 1956, all being a part of the total entitlement of the Dallas Creek Project. The amounts are set forth above. The application on file with the Water Court contains a detailed outline of work performed during the diligence period. The name and address of the owner of land upon which structure is or will be located, or upon which water is or will be stored is: United States of America, c/o United States Forest Service, Supervisor’s Office, 2250 U.S. Highway 50, Delta, CO 81416. The land is located in

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Ouray County, Colorado, and the description of the place of use where water will be applied to beneficial use is Ouray, Montrose, and Delta Counties, State of Colorado. OURAY COUNTY. CASE NO. 2007CW183 Applicant: Kent Williams and Misti Leigh Mazzia, 3240 Sabo Lane, West Linn, OR 97068. Application for Surface Water Right: KM Spring and Pipeline – NW ¼ SW ¼ of Section 29, T49N, R7W, NMPM. 1,952 feet from the south line and 302 feet from the west section line. Source: Uncompahgre River, tributary to the Gunnison River. Appropriation Date: 11/27/2007. Amount Claimed: 0.066 cfs(30 gpm) conditional for domestic, lawn and garden watering of 1.5 acres and domestic livestock use. MONTROSE COUNTY. CASE NO. 2007CW184. Applicant: David Herod, 12495 Running Deer Road, Eckert, CO 81418. Application for Approval of Plan for Augmentation: Davids Well – SE ¼ NW ¼ of Section 14, T14S, R95W, 6th PM. 2,400 feet from the north line and 2,400 feet from the east section line. Source: Tongue Creek and the Gunnison River. Appropriation Date: 12/07/2007. Amount Claimed: 30 gpm conditional for irrigation of 1.2 acres of lawn and garden. Previous Decrees for Water Rights to be used for Augmentation: Leon Lake Reservoir was decreed for irrigation on 06/01/1916 for 3500 acre feet, appropriation date of 10/05/1898. A second decree made 2,000 acre feet municipal, domestic and augmentation (02CW26). This will be the water right used for Davids Well. Statement of Plan for Augmentation: Applicant is submitting augmentation plans for approximately 1.2 acres of lawn and garden. Applicant will be augmenting with owned shares of Leon Lake Reservoir for the irrigation season of April through October. Replacement required from Leon Reservoir is 4.0 acre feet. DELTA COUNTY. CASE NO. 2007CW185. Applicant: Nelly Higginbotham, 12329 Slate Point Road, Paonia, CO 81428. Application for Surface Water Right: No. 4 Toe Tip Spring – NE ¼ NE ¼ SW ¼ of Section 15, T14S, R92W, 6th PM. 2,420 feet from the south line and 2,439 feet from the west section line. Source: Spring tributary to North Fork, Gunnison River Appropriation Date: 12/04/2007. Amount Claimed: .25 cfs conditional for irrigation of 10 acres, domestic and stockwater. DELTA COUNTY. CASE NO. 2007CW186 (REF NO. 04CW201). IN THE MATTER OF THE APPLICATION OF HENDERSON CREEK, LLC IN GUNNISON COUNTY, COLORADO. APPLICATION TO MAKE ABSOLUTE CONDITIONAL WATER STORAGE RIGHT. I. NAME, ADDRESS, AND TELEPHONE NUMBER OF APPLICANT. Henderson Creek, LLC, 21759 Cabrini Blvd., Golden, Colorado 80401, 303-526-9126. NAME , ADDRESS, AND TELEPHONE NUMBER OF APPLICANT=S ATTORNEY Chris D. Cummins, #35154, FELT, MONSON & CULICHIA,

LLC, 319 N. Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212. II. APPLICATION TO MAKE ABSOLUTE A. Name of Structure: Henderson Creek, LLC Pond D

(AHCL Pond D@). B. Legal Description of As-Built Location: GPS location of the center of the

dam for HCL Pond D is as follows: NAD 83, UTM 13S, Easting 0291164, Northing 4332943. This GPS location is approximately described as being within the NE1/4 NE1/4 NW1/4 of Section 11, Township 11 South, Range 90 West, 6th P.M. approximately 2,394 feet from the west line of said Section 11, and approximately 408 feet from the north line of said Section 11. (See attached Figure 1 Map). Applicant has filed for a change to this described location from the location decreed in 04CW201 in pending Case No. 07CW178. C. Source: HCL Pond D is

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supplied by the Henderson Creek Diversion and by the HCL Spring absolute water rights, as decreed in 04CW201. D. Date of Appropriation: The intent to appropriate water for the HCL

Pond D was first evidenced by the Applicant=s hiring of a hydrological expert to investigate the

feasibility and engineering required for the augmentation plan herein on approximately October 31, 2003. Applicant subsequently filed an application for conditional water rights for HCL Pond D on December 30, 2004, and such conditional rights were decreed to HCL Pond D by decreed dated August 25, 2005 in Case No. 04CW201. Applicant completed construction of HCL Pond D on or about July 31, 2006. E. Structure Specifications: The source, appropriation date, and uses of HCL Pond D are as described in this Paragraph II, and as decreed in 04CW201, or as may be changed pursuant to the entry of a Decree in pending Case No. 07CW178. The maximum surface are of HCL Pond D, as constructed, is 0.95 acres, with a maximum capacity of 3.80 acre feet, as conditionally decreed in 04CW201. All storage within HCL Pond D is live, and the structure includes a valved drain, a culvert and floodway, staff gaging, and a 30 mil liner. The length of the dam is approximately 120 yards, being located on the southwesterly edge of the pond. The maximum height of the dam as constructed is approximately 10 feet. The changed physical specifications of the HCL Pond D structure as constructed, and as sought for approval in 07CW178, have no effect on the decreed storage capacity or surface area as decreed in 04CW201. The as-built location of HCL Pond D is a short distance from the conditionally decreed location of HCL Pond D, being approximately 960 feet to the northeast, with no intervening water rights, and therefore no resulting injury as a result of the requested change of location, as sought in 07CW178. F. Beneficial Use. Water was first applied to beneficial use in HCL Pond D on or about July 31, 2006, upon completion of construction of HCL Pond D, and impoundment of water therein. Following in-priority diversions in the spring and early summer of 2007, HCL Pond D was filled to its maximum decreed capacity of 3.80 acre feet, and portions of such water was subsequently released for augmentation of

Applicant=s other decreed water rights, as provided in the 04CW201 Plan for Augmentation,

under the supervision and instruction of the Water Commissioner. G. All land upon which water is to be diverted, stored and released pursuant to this water storage right is owned by Applicant. GUNNISON COUNTY. CASE NO. 2007CW187 (REF. NO. 01CW138). Applicant: Harmon Lowman, 20070 Justice Road, Orchard City, CO 81410. Application To Make Absolute: HL Spring – SE ¼ SW ¼ NE ¼ of Section 26, T14S, R95W, 6th PM. 2,376 feet from the south line and 1,636 feet from the west section line. Source: Surface Creek and the Gunnison River. Appropriation Date: 08/01/2001. Amount Claimed: .50 cfs absolute for irrigation of 51 acres. DELTA COUNTY. CASE NO. 2007CW188 (REF NO. 01CW43). Gunnison County, Gunnison River, Water District No. 4, Applicant: Crested Butte, LLC., a Colorado limited liability company, c/o Wilderson, O’Hayre, Dawson & Norris, P.C., 120 North Taylor - P.O. Box 179, Gunnison, Colorado 81230, (970) 641-3326; Type of Application: Application for Finding of Reasonable Diligence, Name of Structure: North Mountain Spring No. 1, Location: In the NW¼ of Section 14, Township 13 South, Range 86 West, 6th P.M., Gunnison County, Colorado, commencing at the Southeast corner of said Section 14 which is a U.S. BLM brass cap; whence the South ¼

corner of said Section 14 bears South 8928'12" West and is the basis of bearing; thence North 3441'40" West a distance of 6,668.41 feet to the center of the spring. Drainage Basin: The

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subject spring is in the drainage of Washington Gulch, a tributary of the Slate River, a tributary of the East River, a tributary of the Gunnison River. Quantity: 0.055 c.f.s. Appropriation date: April 21, 1986. Use: Commercial and recreational purposes. Type of Structure: Spring. Other: Applicant requests a finding of reasonable diligence and sets forth the actions taken toward the completion of appropriation and application of water to beneficial use as conditionally decreed. GUNNISON COUNTY. CASE NO. 2007CW189. Applicant: Lindsey Jackson, 2276 Autumn Ash Ave., Grand Junction, CO 81506. Application for Surface Water Right: Sawyer Spring – SE ¼ of the W ½ of the SW ¼ of Section 24, T12S, R95W, 6th PM. 753 feet north from the south line and 2,198 feet east from the west section line. Source: Cottonwood Creek and the Gunnison River. Appropriation Date: 09/30/2005. Amount Claimed: .2 cfs absolute for fire protection, stockwater, irrigation, wildlife and recreation. DELTA COUNTY. CASE NO. 2007CW190. Applicant: Glenn Tilley, 7926 Myrtle Lane, Missouri City, TX 77459. C/O Cary Denison, P.O. Box 3171, Montrose, CO 81401. Application for Approval of Plan for Augmentation, Underground Water Right and Surface Water Right: Name of Structure to be Augmented: Tilley Pond (underground water right). Are there other water rights diverted from this structure? No. Previous decrees for water rights to be used for augmentation: Date of Original decree: 12/31/1991. Case No. 91CW006, Water Division 4. Type of water right: Surface. Legal description: NW ¼ NE ¼ SE ¼ of Section 25, T48N, R4E, NMPM. 745 feet from the east section line and 2,487 feet from the south section line: Monarch Valley Ranch Pond - NE ¼ SW ¼ NE ¼ of Section 25, T48N, R4E, NMPM. 1,753 feet from the east section line and 1,590 feet from the north section line. Monarch Valley Ranch Pipeline - SW ¼ SE ¼ NE ¼ of Section 25, T48N, R4E, NMPM. 707 feet from the east section line and 2,039 feet from the north section line – Source for Tilley Pond: Ground water tributary to Tomichi Creek and the Gunnison River. Source for Monarch Valley Ranch Pond: Monarch Valley Ranch Ditch Pipeline (Tomichi Creek surface water), Source for Monarch Valley Ranch Pipeline: Tomichi Creek and the Gunnison River. Appropriation Date: Tilley Pond: 03/01/2006. Amount Tilley Pond: 0.23 surface acres, 0.81 acre-feet annual diversions from evaporation (0.81 acre-feet absolute). Appropriation Date: Monarch Valley Ranch Pond: 08/01/1985. Amount Monarch Valley Ranch Pond: 35.6 acre-feet, 21.9 acre-feet active, 13.7 acre-feet dead storage. Appropriation Date Monarch Valley Ranch Pipeline: 05/01/1996. Decreed Use: Monarch Valley Ranch Pond: Augmentation, recreation, fire protection, fishery and stockwater. Monarch Valley Ranch Pipeline: Augmentation, fire protection, fishery and stockwater (surface right requested below) . Historic Use: Monarch Valley Ranch Pipeline has historically been used to fill Monarch Valley Ranch Pond. This structure has not been previously filed on. Statement of Plan for Augmentation: Applicant requests the right to store 12.66 acre-feet of water in Monarch Valley Ranch Pond. Evaporative losses account for 12.06 acre-feet (2.68 feet annually), 0.6 acre-feet stored to augment depletions created by Tilley Pond. Total annual depletions created by Tilley Pond amount to 0.807 acre-feet. Depletions created during the period of June through October are 0.6 acre-feet. June through October is the period when depletions created by the Tilley Pond will likely be out of priority due to a call from senior downstream water user. Supply of this water will be provided by in priority diversions from Monarch Valley Ranch Pipeline which applicant is requesting an absolute 0.25 cfs water right for this structure. Underground Water

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Right: Tilley Pond - NW ¼ NE ¼ SE ¼ of Section 25, T48N, R4E, NMPM. 745 feet from the east section line and 2,487 feet from the south section line. Source: Tomichi Creek and the Gunnison River. Appropriation Date: 03/01/2006. Amount Claimed: 0.807 acre-feet annually(absolute). Surface Water Right: Monarch Valley Ranch Pipeline: SW ¼ SE ¼ NE ¼ of Section 25, T48N, R4E, NMPM. 707 feet from the east section line and 2,039 feet from the north section line. Source: Tomichi Creek and the Gunnison River. Appropriation Date: 08/01/1985. Amount Claimed: 0.25 cfs absolute for augmentation, fire protection, fishery and stockwater. Water from pipeline fills Monarch Valley Ranch Pond. SAGUACHE COUNTY. CASE NO. 2007CW191. Applicant: Sara Stevens, 13703 4100 Road, Paonia, CO 81428. Application for Surface Water Right: Sara Stevens WW Ditch – NE ¼ SE ¼ NE ¼ of Section 7, T14S, R91W, 6th PM. 1,748 feet from the north line and 35 feet from the east section line. Source: North Fork, Gunnison River. Appropriation Date: 05/31/1989. Amount Claimed: .25 cfs absolute for irrigation and stockwater. DELTA COUNTY. CASE NO. 2007CW192 1. APPLICATION FOR WATER STORAGE RIGHT. Applicant: Larry S. Zeman, c/o Michael D. Hockersmith, The Tisdel Law Firm, P.C., P.O. Box 646, Ouray, CO 81427-0646, phone: 970-325-4414, fax: 970-325-7333. 2. Name of Reservoir: Last Dollar Pond. 3. Legal description of location of dam: NW1/4SW1/4, Section 1, Township 44N, Range 10W, N.M.P.M., San Miguel County, Colorado; Distance from section lines: 2075 Feet from South section line; 269 Feet from West section line; subdivision: Last Dollar Tracts, Tract 1. 4. Source: Last Dollar Springs #1 and #2, tributary to Leopard Creek. 5. Date of Appropriation: October 10, 1996; How appropriation was initiated: Appropriation initiated by construction of pond and application of captured water to beneficial use; Date water applied to beneficial use: October 10, 1996. 6. Amount Claimed: 5.5 acre feet. 7. Use: Irrigation of 4 acres, stock watering, piscatorial, and wildlife watering. 8. Surface area of high water line: 1.1 acres; Maximum height of dam: 9 feet 11, inches; Length of dam: 490 feet. 9. Total capacity of reservoir in acre feet: 5.5 acre feet; Active capacity: 5.5 acre feet; Dead storage: 0 acre feet. 10. Location of structures: All structures, points of diversion, and places of use and located on Applicant’s property. SAN MIGUEL COUNTY. CASE NO. 2007CW193 (REF NO. 01CW82) Applicant: Uncompahgre Valley Water Users Association; Mailing Address: P.O. Box 69, Montrose, CO 81402; Attorney: Victor T. Roushar, P.O. Box 327, Montrose, Colorado 81402 (970) 249-4531. Name of Structure: Gunnison Tunnel and South Canal. Describe Conditional Water right (as to each structure) giving the following from the referee’s ruling and decree: A. Date of original decree: May 8, 1913; Case No. 1745 District Court, Montrose County. B. Location: The headgate of the Gunnison Tunnel of the said Project is located at a point

on the left bank of the Gunnison River, whence the SE corner of Section 23, Township

49 North, Range 8 West, N.M.P.M., bears South 60 45'54" West, 26.366.6 ft. from the headgate of said tunnel extends in a southwesterly direction 30.581.9 feet.

C. Source: Gunnison River and its tributaries. D. Appropriation Date: June 1, 1901; Amount: 1,300.00 c.f.s. E. Use: Diversion of water through Gunnison Tunnel and South Canal for the sole use,

diversion, and benefit of the Uncompahgre Valley Project.

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The application on file with the water court contains an outline of the work performed during the diligence period. The name and address of the owner of land upon which the structures are located is: United States of America, c/o United States Bureau of Reclamation, Grand Junction Projects Office, 2764 Compass Drive, P.O. Box 60340, Grand Junction, Colorado 81506. The land is located in Montrose County, Colorado, and the description of the place of use where the water will be applied to beneficial use is Montrose and Delta Counties, State of Colorado. MONTROSE COUNTY.

CASE NO. 2007CW194. Applicant: Maureen A. Call, 3626 S. Forest Way Denver, Colorado 80237. Applicant owns 5.72 Acres located within the North half of the NE1/4, Section 14, Township 13 South, Range 91 West, 6th PM, Delta County, Colorado. Applicant is proposing to drill a well on the 5.72 acre parcel to serve applicant’s proposed one single-family dwelling. Applicant will be seeking replacement water by leasing a long-term contract from the United States Department of the Interior, Bureau of Reclamation. Additionally, applicant will be entering into a contract to lease water from Lost Lake Slough Storage Water to replace depletions located on the reach below applicant’s property identified as the Short Ditch and the Paonia Ditch calls.

APPLICATION FOR A UNDERGROUNDWATER RIGHT FOR THE

JAYHAWK WELL 3. Name of Well. Jayhawk Well 3.1 Location of Point of Diversion The proposed location of the Jayhawk Well will be located within the 5.72 Acre Parcel situated in the N1/2 NE1/4 of Section 14, Township 13 South, Range 91 West, 6th P.M., Delta County, Colorado.

3.2 Source. The Jayhawk Well is located at a point that is tributary to the North Fork of the Gunnison River, tributary to the Gunnison River.

3.3 Appropriation Information. The appropriation of the Jayhawk Well was initiated on December 1, 2007, by applicant filing an application for an underground water right and plan for augmentation.

3.4 Uses. Applicant seeks a conditional ground water right for the Jayhawk Well for household use inside one single-family dwelling located on the applicant’s property.

3.5 Amount Claimed Applicant seeks a pumping rate 0.033 c.f.s or 15 g.p.m. with an annual amount to be withdrawn for 0.4 acre feet. APPLICATION FOR APPROVAL OF PLAN OF AUGMENTATION

4. Name of Water Rights to be Augmented. This plan of augmentation will augment for all otherwise out-of-priority depletions from the Jayhawk Well to be used inside of one single-family dwelling located on applicant’s property. 5. Plan Assumptions and Source Data. Applicant has made the following assumptions in the development of this plan for augmentation, which are based upon a report, attached hereto and made a part of this application. 5.1 The demand for one residence is estimated to be 100 gallons per day (gpd) per person for a three and one-half person household. The in-house demand for one

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home has been calculated to average 0.033 acre feet per month, a total 0.40 acre feet per year. The total demand for one single-family residence will be 0.4 acre feet annually with a consumptive amount to be 0.04 acre feet per year. 5.2 Wastewater for the single-family dwelling will be treated by individual on-sight disposal systems (ISDS). In-house depletions are estimated to be 10% of demand and have been calculated to average 0.0033 acre feet per month and a total of 0.0396 acre feet per year for the proposed residence. 5.3 Total water depletions for the Jayhawk Well have been calculated to be 0.04 acre-feet per year.

6. Potential Call. Applicant realizes that calls upon Applicant=s diversions might arise

on any stream reaches downstream of Applicant=s diversions.

7. Statement of Plan for Augmentation. 7.1 Augmentation for the Jayhawk Well used for inside purposes only on the applicant’s property will be provided for by releases from the North Fork Water Conservancy District, Lost Lake Slough Storage Water. The months where out of priority replacements would be necessary suggests that for the applicant to obtain a six-month replacement amount will be adequate. The structures subject to call are the Short Ditch and the Paonia Ditch. The applicant acknowledges that the augmentation water will be used solely for the use identified in this application. 7.1.1 Calculations for the four months of down stream calls are determined to be a monthly depletion amount of 0.003 acre feet for a total 0.012 acre feet. Applicant will be covering replacements for a six (6) month period, May through October, which is calculated to be 0.018 acre-feet. A transit lot of 15% based on six months of depletions totals 0.0027 acre-feet. The total amount of transit loss with the six months of replacement is determined to be 0.0207 acre-feet. Applicant is seeking a lease agreement with the North Fork Water Conservancy District in the amount of 0.025 acre feet, which is the single unit identified in the lease agreement for the district. 7.1.2 Applicant is in the process of securing a 40-year lease agreement with the United States Department of the Interior, Bureau of Reclamation, to replace out of priority releases from Blue Mesa Reservoir to cover out of priority depletions from down stream calls. Applicant will be leasing one acre-foot out of the Blue Mesa Reservoir to compensate for depletions from November through April, totaling 0.018 acre feet annually. 8. The following chart sets forth a summary of the augmentation plan:

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Summary of Augmentation Plan (In Acre Feet)

Month

Jan.

Feb.

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Total

Household use demand One (1) residence

0.033

0.033

0.033

0.033

0.033

0.033

0.033

0.033

0.033

0.033

0.033

0.033

0.396

Irrigation months depletions +

Transit loss

0.00

0.00

0.00

0.00

.003

.003

.003

.003

.003

.003

0.00

0.00

0.018 ac.ft.+

0.0027 ac.ft.

transit loss @ 15% =

0.0207 acre feet

Winter months depletions-Redlands Canal

0.003

0.003

0.003

0.003

0.00

0.00

0.00

0.00

0.00

0.00

0.003

0.003

Total

depletions

winter call

0.018 ac. ft. Total Annual

Depletions

.003

.003

.003

0.003

0.003

0.003

0.003

0.003

0.003

0.003

0.003

.003

0.0396

DELTA COUNTY. CASE NO. 2007CW195. MESA COUNTY - APPLICATION FOR WATER RIGHTS (SURFACE) - 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, 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: Packrat Spring 3. Legal description of each point of diversion: Located on public lands in the NW/4 NE/4 NW/4, Section 36, T51N R20W, New Mexico P.M., approximately 0 feet south of the north section line and 1,700 feet east of the west section line. (Unsurveyed area). 4279603mN 0669970mE NAD 83, Zone 12S. 4. Source: Unnamed tributary to Lumsden Canyon/Dolores River 5. A. Date of appropriation: 06/28/2007 B. How appropriation was initiated: BLM personnel inventoried the quality and quantity of water available at a water development constructed exclusively for wildlife management purposes. C. Date water applied to beneficial use: 06/28/2007 6.Amount claimed: 0.01 cfs, absolute 7. Uses: Wildlife watering. The spring was developed to provide water for elk, deer, turkey, canyon tree frogs, and Townsend’s Big-eared bats. 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, Grand Junction Field Office, 2815 H Road, Grand Junction, CO 81506. MESA COUNTY.

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CASE NO. 2007CW196 - Gunnison County, Gunnison River. Application to Correct Decreed Location of Water Right. Applicant: Ms. Adelaide Biggs & The Phoenix Family Group represented by Scott Grosscup and Christopher L. Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Decreed Structure: Nemanic Crystal Springs No. 3. Previous Decree: Case No. 79CW303, District Court Water Division 4, decree entered on 4/30/1981 (second Amended Decree). Decreed Location: The diversion is described as being located from the center of the spring area at a point from whence the SW Corner of the N. two-thirds of the SE Qtr. of the NW Qtr. of Sec. 27, T. 13 S., R. 86 W. 6th P.M. bears N. 59 deg. E. 495 ft. Source: Springs trib. to the Slate River, trib. to the East River, trib. of the Gunnison River. Appropriation Date: 8/1/1895. Amt: 0.22 cfs, absolute. Hist./Decreed Uses: Irr., stock watering, wildlife procreation, recreation and dom. Correction of Decreed Location. Center of the spring area at a pt. to which the SW corner of the N. two-thirds of the SE Qtr. of the NW Qtr. of Sec. 27, T. 13 S., R. 86 W. 6th P.M. bears N. 59 deg. E. 895 ft. GPS coordinates as UTM Zone 13 N., NAD 83 (in meters), Northing 4307282.4230, Easting 327161.6668. This location is in the SE ¼ of the NW ¼ of Sec. 27, T. 13 S., R. 86 W. 6th P.M. Owners upon which any new diversion structure or modification to an existing diversion structure is located: Applicants. 3 pages GUNNISON COUNTY. CASE NO. 2007CW197. Applicant: Ridgway Farm C/O John and Ellen Lockhart, P.O. Box 230, Cave Creek, AZ 85327. Application for Surface Water Right: Lockhart Diversion – NW ¼ NE ¼ of Section 11, T44N, R8W, NMPM. 635 feet south of section 11 north boundary and 2,400 feet west of section 11 east boundary. Source: Uncompahgre River. Appropriation Date: 07/01/2006. Amount Claimed: 0.75 cfs absolute for fishery, wildlife, recreation, stockwater and fire control. Application for Storage Water Right: Lake Lockhart – NW ¼ NE ¼ of Section 11, T44N, R8W, NMPM. 201 feet south of section 11 north boundary and 2,370 feet west of section 11 east boundary. Source: Uncompahgre River. Appropriation Date: 07/01/2006. Amount Claimed: 6.02 acre-feet absolute for fishery, wildlife, recreation, stockwater and fire control. OURAY COUNTY. CASE NO. 2007CW198. Applicant: Water Front Way HOA, C/O Mike Ladato 63562 Lakeshore Dr., Montrose, CO 81401 and Ed Kneese, 13926 Marine Road, Montrose, CO 81401. Application for Surface Water Right: J-Drain aka East Prong Happy Canyon Creek – SW ¼ NE ¼ of Section 29, T49N, R9W, NMPM. 1,915 feet from the north line and 1,855 feet from the east section line. Source: Uncompahgre River. Appropriation Date: 12/212007. Amount Claimed: .7 cfs absolute for irrigation, fire protection, piscatorial, wildlife and pond flow. MONTROSE COUNTY. CASE NO. 2007CW199 APPLICATION FOR WATER STORAGE RIGHTS AND SURFACE WATER RIGHTS. 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: 970-325-4414. I. STORAGE RIGHT FOR EMMETT’S POND 2. Name of structure: Emmett’s Pond. 3. Legal description of location: SW1/4NE1/4, Section 4, Township 44N, Range 11W, N.M.P.M. at a point 1700 Feet from North section line and 2100 Feet from East section line. 4. Pond is filled from seasonal run-off/precipitation tributary to McKenzie Creek, tributary to San Miguel River. 5. Date of Appropriation:1920; How appropriations was initiated: Appropriation

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initiated by construction of pond; Date water applied to beneficial use: 1920. 6. Amount Claimed: 4.2 acre-feet absolute. 7. Use: Stock watering, piscatorial, fire protection, and wildlife habitat and watering. 8. Surface area of high water line: 28,625 square feet; Maximim height of dam: 2.5 feet; Length of Dam: 18 feet; Maximim depth of Pond: 15 feet; Average depth of pond: 6.5 feet. 9. Total capacity of reservoir: 4.2 acre feet; Dead storage 4.2 acre feet. 10. Name and address of owners or reputed owners of land upon which any new diversion or storage structure, or modification to any existing 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: Lazy J, LLC, P.O. Box 646, Ouray, CO 81427-0646. II. SURFACE WATER RIGHT FOR EMMETT’S SPRING 2. Second Structure: Emmett’s Spring. 3. Legal description of location: NW1/4SE1/4, Section 4, Township 44N, Range 11W, N.M.P.M. at a point 2500 Feet from the South section line and 1800 Feet from the East section line. 4. Source: The Spring is Tributary to McKenzie Gulch which is tributary to the San Miguel River. 5. Date of initiation of appropriation: Summer 1955; How appropriation was initiated: Spring was excavated and developed for Stock and Domestic Use; Date water applied to beneficial use: Summer 1955. 6. Amount claimed: 2 gpm or .0045 c.f.s. absolute. 7. Use: Stock water and domestic supply. 8. Name and address of owners or reputed owners of land upon which any new diversion or storage structure, or modification to any existing 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: Lazy J, LLC, P.O. Box 646, Ouray, CO 81427-0646. III. STORAGE RIGHT FOR ELK WALLOW 2. Name of Reservoir: Elk Wallow. 3. Legal description of location: NE1/4SE1/4, Section 4, Township 44N, Range 11W, N.M.P.M., at a point 2200 Feet from South section line and 1250 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: July 2006; How appropriation was initiated: Appropriation initiated by construction of pond; Date water applied to beneficial use: July 2006. 6. Amount claimed: .2 acre feet absolute. 7. Use: Stock watering, piscatorial, fire protection, and wildlife habitat and watering. 8. Surface area of high water line: 1225 square feet; Maximum height of dam: 2 feet; Length of dam: 35 feet; Average depth: 8.5 feet; Maximum depth: 15 feet. 9. Total capacity of .25 acre feet; Dead storage .25 acre feet. 10. Name and address of owners or reputed owners of land upon which any new diversion or storage structure, or modification to any existing 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: Lazy J, LLC, P.O. Box 646, Ouray, CO 81427-0646. IV. STORAGE RIGHT FOR ELK MEADOW 2. Name of reservoir: Elk Meadow Pond. 3. Legal description of location: NE1/4SE1/4, Section 4, Township 44N, Range 11W, N.M.P.M. at a point 2000 Feet from South section line and 1000 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: July 1920; How appropriation was initiated: Appropriation initiated by construction of pond; Date water applied to beneficial use: July 1920. 6. Amount claimed: 6.5 acre feet absolute. 7. Use: Stock watering, piscatorial, fire protection, and wildlife habitat and watering. 8. Surface are of high water line: 56,700 square feet; Maximum height of dam: 5 feet; Length of dam: 270 feet. 9. Total capacity of reservoir: 6.5 acre feet; Dead storage: 6.5 acre feet. 10. Name and address of owners or reputed owners of land upon which any new diversion or storage structure, or modification to any existing 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:

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Lazy J, LLC, P.O. Box 646, Ouray, CO 81427-0646. V. STORAGE RIGHT FOR SAWYER’S POND 2. Name of reservoir: Sawyer’s Pond. 3. Legal description of location: SW1/4SW1/4, Section 3, Township 44N, Range 11W, N.M.P.M. at a point 1000 feet from South section line and 150 feet from West section line. 4. Source: Pond will be filled from seasonal run-of/precipitation tributary to McKenzie Creek, tributary to San Miguel River. 5. Date of Appropriation: August 2006; How appropriation was intitiated: Appropriation initiated by construction of pond; Date water applied to beneficial use: August 2006. 6. Amount claimed: 1.86 acre feet absolute. 7. Use: Stock watering, piscatorial, fire protection, and wildlife habitat and watering. 8. Surface area of high water line: 16,200 square feet; Maximum height of dam: 5 feet; Length of dam in feet; 180 feet; Maximum depth: 14 feet; Average depth: 5 feet. 9. Total capacity of reservoir: 1.86 acre feet; Dead storage: 1.86 acre feet. 10. Name and address of owners or reputed owners of land upon which any new diversion or storage structure, or modification to any existing 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: Red Hawk Investments, P.O. Box 646 Ouray, CO 81427-0646. SAN MIGUEL COUNTY. CASE NO. 2007CW200. Applicant: Neuwirth Ptarmigan, LLLC, C/O Peter Neuwirth, 474 Cuesta Way, Los Angeles, CA 90077. Application for Surface Water Right: East Fork Muddy Creek – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 744 feet south of section 10 north boundary and 1,688 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 04/04/2006. Amount Claimed: 0.07cfs absolute for piscatorial, wildlife, livestock and fire protection purposes. Application for Storage Water Right: East Fork Muddy Creek Pond No. 1 – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 805 feet south of section 10 north boundary and 2,180 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 04/04/2006. Amount Claimed: 0.48 AF absolute storage for piscatorial, wildlife, livestock and fire protection purposes. East Fork Muddy Creek Pond No. 2 – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 818 feet south of section 10 north boundary and 2,260 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 04/04/2006. Amount Claimed: 0.18 AF absolute storage for piscatorial, wildlife, livestock and fire protection purposes. East Fork Muddy Creek Pond No. 3 – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 855 feet south of section 10 north boundary and 2,396 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 04/04/2006. Amount Claimed: 0.12 AF absolute storage for piscatorial, wildlife, livestock and fire protection purposes. East Fork Muddy Creek Pond No. 4 – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 829 feet south of section 10 north boundary and 2,485 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 04/04/2006. Amount Claimed: 0.16 AF absolute storage for piscatorial, wildlife, livestock and fire protection purposes. East Fork Muddy Creek Pond No. 5 – NE ¼ NW ¼ of Section 10, T42N, R10W, NMPM. 785 feet south of section 10 north boundary and 2,570 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 04/04/2006. Amount Claimed: 0.59 AF absolute storage for piscatorial, wildlife, livestock and fire protection purposes. SAN MIGUEL COUNTY.

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CASE NO. 2007CW201. COLORADO WATER CONSERVATION BOARD, IN PAULINE CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE TOMICHI, (ENLARGEMENT), IN SAGUACHE COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. 1. Name of applicant: Colorado Water Conservation Board, Address of applicant: 1313 Sherman Street, Suite 721, Denver, Colorado 80203, (303) 866-3441. c/o AMY F. STENGEL, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, (303) 866-5361, Registration #: 34565, E-mail address: amy.stengel@state.co.us. 2. Name of natural stream: Pauline Creek. 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence of Chavez Creek at latitude 38° 6’ 33”N and longitude 106° 47’ 59”W as the upstream terminus and extending to the headgate of Tarbell & Alexander Ditch at latitude 38° 9’ 10”N and longitude 106° 45’ 39”W as the downstream terminus, being a distance of approximately 4.1 miles. This segment can be located on the Elk Park and Cold Spring Park U.S.G.S. quadrangles. b. For administrative purposes only: Upper Terminus = NE NW S6 T44N R2E 6th PM, 2309’ East of the West Section Line, 321’ South of the North Section Line. UTM North: 4219441.4 UTM East: 342222.7. Lower Terminus = NE NW S21 T45N R2E 6th PM, 2283’ East of the West Section Line, 364’ South of the North Section Line, UTM North: 4224227.4 UTM East: 345710.8.4. a. Date of initiation of appropriation: January 24, 2007. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 24, 2007. c. How appropriation was initiated: At its regular meeting on January 24, 2007, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 5. Amount of water claimed (ABSOLUTE): Instream flow of 2.0 cfs (April 1 – April 30), 2.75 cfs (May 1 – June 30), 2.0 cfs (July 1 – August 31) and 1.0 cfs (September 1 – September 30). 6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S.(2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on November 14, 2007, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with material injury to water rights. the Board's water right herein, if granted; and that such environment can exist without. SAGUACHE COUNTY. CASE NO. 2007CW202 Ouray County and Montrose County. Tributaries of Horsefly Creek, tributary of Uncompahgre River. Tributaries of Horsefly Creek, tributary of San Miguel River. Application for Changes of Water Rights. Hi Mountain Ranch, Inc. and Pacific/Desert Partners, LLC, c/o Lori J.M. Satterfield, Holland & Hart, LLP, 555 17th Street, Ste. 3200, Denver, CO 80202. (303) 295-8282. Applicant Hi Mountain Ranch, Inc. (“Hi Mountain”) is the record title owner of water rights decreed in and to the Paxton Reservoir, and the following ditches decreed to fill the reservoir: Paxton Ditch, Paxton Ditch Extension, North Fork Paxton Ditch, and Upper Filler Ditch ( referred to collectively herein as “Filler Ditches”). The Filler Ditches and Paxton Reservoir may be referred to collectively herein as “Subject Water Rights.” As described more fully in this Application and in the existing decrees for the Subject Water Rights, Paxton Reservoir was decreed and used historically for domestic, piscatorial, recreation and stockwatering purposes, and for irrigation within a ranch known historically as “Hofmann Ranch”

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or “Paxton Ranch.” Applicants’ engineering consultants have determined that in excess of 600 acres were historically irrigated by the Subject Water Rights (through releases from Paxton Reservoir) within the Hofmann Ranch. Ownership of the Hofmann Ranch has now been divided. Applicant Pacific/Desert Partners, LLC (“Pacific”) now owns a portion of the Hofmann Ranch, including a portion of the lands historically irrigated by the Subject Water Rights. Pacific is developing the property as Hideout Lake (“Hideout Lake”), a planned development. Upon information and belief, Eldred Family Limited Partnership and Irma Hofmann now own the remaining portions of the Hofmann Ranch, including the other portions of the lands historically irrigated by the Subject Water Rights (hereinafter, the “Adjacent Properties”). Eldred Family Limited Partnership and Irma Hofmann do not claim any ownership interest in the Subject Water Rights, and the Subject Water Right are no longer used for irrigation within the Adjacent Properties. To the extent necessary or required under Colorado law, Applicants seek to change the place and type of use of the Subject Water Rights from irrigation of the 600 acres (comprised of areas within Hideout Lake and the Adjacent Properties) to irrigation of up to 198.6 acres of lawn, landscape and golf course within Hideout Lake. A map generally depicting the locations of Hideout Lake, the Subject Water Rights, and the areas historically irrigated by the Subject Water Rights is attached as Exhibit A to the Application. A legal description of Hideout Lake is attached as Exhibit B to the Application. Information from previous decree for North Fork Paxton Ditch: Date entered: September 13, 1972, Civil Action No. 2710, Ouray County District Court. Decreed point of diversion: On the west bank of a draw tributary to Horsefly Creek, whence the southwest corner of Section 23, T46N, R10W, N.M.P.M. bears north 60 degrees 15 minutes west 6,630 feet. Draw tributary to Horsefly Creek, tributary of the Uncompahgre River, and from other drainages traversed by the Ditch, within the Horsefly Creek basin (tributary of the Uncompahgre River). Appropriation date: October 4, 1962. Amount decreed: 20 cfs, absolute. Decreed use: Storage in Paxton Reservoir for irrigation of approximately 700 acres, and for stockwatering. The North Fork Paxton Ditch delivers water from the Uncompahgre River basin to Paxton Reservoir, which is located in the San Miguel River basin; Paxton Reservoir is capable of making releases to both the San Miguel River basin and the Uncompahgre River basin. Thus, to the extent the North Fork Paxton Ditch water is placed to beneficial use in the San Miguel River basin, the transbasin water may be used and reused to extinction. Information from previous decree for Paxton Ditch and Paxton Ditch Extension: Date entered: January 16, 1967, Civil Action No. 9042, Montrose County District Court. Decreed point of diversion: Paxton Ditch: Located at a point on the west bank of Horsefly Creek whence the northwest corner of Section 27, T46N, R10W of the N.M.P.M. bears north 29 degrees 14 minutes west 8,257 feet. Paxton Ditch Extension: Located at a point on the west bank of an unnamed tributary of Horsefly Creek at a point whence the northwest corner of Section 3, T45N, R10W of the N.M.P.M. bears north 28 degrees 3 minutes west 8,394 feet. The existing uppermost point of diversion of the Extension is located in the SW1/4SE1/4 of Section 34, Township 46 North, Range 10 West of the N.M.P.M. 3,000 feet east of the west section line and 150 feet north of the south section line of Section 34. Paxton Ditch: Horsefly Creek and the several draws and creeks traversed by the Ditch in its course (tributary of the San Miguel River). Paxton Ditch Extension: Unnamed tributary of Horsefly Creek, from drainage and seepage along the line of the Ditch, and from the South Fork of Horsefly Creek (tributary of the San Miguel River). Appropriation date: Paxton Ditch: October 2, 1958. Paxton Ditch Extension: August 11, 1959. Amount decreed: 27 cfs, absolute, combined diversion

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under Paxton Ditch and Paxton Ditch Extension. Decreed use: Paxton Ditch: Supplemental irrigation of 600 acres. Paxton Ditch Extension: Supplemental irrigation of about 800 acres. The Paxton Ditch and Paxton Ditch Extension deliver water from the San Miguel River basin to Paxton Reservoir; Paxton Reservoir is capable of making releases to both the San Miguel River basin and the Uncompahgre River basin. Thus, to the extent the Paxton Ditch and Paxton Ditch Extension water is placed to beneficial use in the Uncompahgre River basin, the transbasin water may be used and reused to extinction. Information from previous decree for Upper Filler Ditch: April 13, 1977, Case No. W-2877, District Court in and for Water Division No. 4. Decreed point of diversion: The location of the Upper Filler Ditch, pursuant to the decree entered in Case No. 79CW11, Water Division No. 4, is from the vicinity of the northeast corner of Section 20, T46N, R10W, N.M.P.M., a ditch which extended northeasterly, thence easterly, and thence southeasterly to Paxton Reservoir. Early spring flood water tributary to Johnson Creek, tributary to the Horsefly Creek, tributary to the San Miguel River. Appropriation date: 1956. Amount decreed: 2.0 cfs, absolute. (The Upper Filler Ditch was originally decreed 10 cfs, conditional, of which 2.0 cfs was subsequently decreed absolute in Case No. 79CW11, and the balance of 8.0 cfs was decreed abandoned.) Decreed use: Irrigation, domestic, piscatorial, recreation and stockwatering purposes on 1100 acres. Information from previous decree for Paxton Reservoir: Date entered: January 16, 1967, Civil Action No. 9742, Montrose County District Court. Decreed location: Located in Montrose County, Colorado, in Section 21, T46N, R10W, N.M.P.M., and the east end of the main dam thereto is located at a point whence the southeast corner of said Section 21 bears south 28 degrees, 36 minutes east 1,991 feet. Paxton Reservoir is an off-channel reservoir filled by diversions under the Filler Ditches described above. Appropriation date: October 2, 1958. Amount decreed: 717 acre feet, absolute. Decreed use: As described more fully in this Application and in the existing decrees for the Subject Water Rights, Paxton Reservoir was decreed for irrigation, domestic, piscatorial, recreation and stockwatering purposes. Irrigation use occurred within the Hofmann Ranch, which is now divided into Hideout Lake and the Adjacent Properties. Proposed changes: Applicants seek to conform the decreed point of diversion for the North Fork Paxton Ditch to the actual point of diversion as follows: located in the NW1/4SW1/4 of Section 25, Township 46 North, Range 10 West, N.M.P.M. at a point 3750 feet South of the North Section line and 25 feet East of the West Section line of Section 25. No physical change in point of diversion or location of the ditch is sought. To the extent necessary or required under Colorado law, Applicants seek to change the place and type of use of the Subject Water Rights from irrigation of the 600 acres of historic irrigation (comprised of areas within Hideout Lake and the Adjacent Properties) to allow for irrigation of up to 198.6 acres of lawn, landscape and golf course within Hideout Lake. Applicants’ engineering consultants have determined that the Subject Water Rights were used historically for irrigation of in excess of 600 acres within the original Hofmann Ranch, of which Hideout Lake is a part. Irrigation was accomplished through releases of water from Paxton Reservoir. Such historic irrigation resulted in consumptive use of approximately 298.0 acre feet of water annually, for the study period 1960-1986. The study period is most representative of the historic irrigation of the Hofmann Ranch, and included representative dry, wet and average years. A substantial portion of the 600 acres of historic irrigation by the Subject Water Rights is located within the Adjacent Properties. The Adjacent Properties are no longer irrigated by the Subject Water Rights. Thus, to the extent necessary or required under Colorado law, Applicants seek to change the place

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and type of use of the Subject Water Rights from irrigation of the 600 acres (comprised of areas within Hideout Lake and the Adjacent Properties) to irrigation of up to 198.6 acres of lawn, landscape and golf course within Hideout Lake, at an annual consumptive use not to exceed 298.0 acre feet. Using the modified Blaney-Criddle method, adjusted for altitude, the consumptive use for turf grass at Hideout Lake is approximately 1.5 acre feet per acre. The annual historic consumptive use of 298.0 acre feet therefore corresponds to irrigation of up to 198.6 acres within Hideout Lake without injury to other water rights. To the extent legally required, and as a term and condition of the approved change in type and place of use of the Subject Water rights as requested herein, Applicants will replace the historic returns flows associated with historic exercise of the Subject Water Rights in the event of a valid senior call. A summary of diversions for the Filler Ditches is attached as Exhibit C to the Application and incorporated therein. The records maintained by the Division of Water Resources (the “Division”) for the Filler Ditches are incomplete and underestimate the diversions in many cases, most likely because (in part) access to the Filler Ditches is difficult in the late winter and early spring seasons, and diversions of water from the San Miguel River basin within the Hofmann Ranch were not historically administered. Consequently, Applicants’ engineering consultants have estimated the diversions by the Filler Ditches, as summarized in Exhibit C, using the best information available, including the Division’s diversion records, the Division’s storage records for Paxton Reservoir, aerial photographs, USGS gage records, call records and other hydrologic data. The subject changes of the Subject Water Rights will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. Name and address of owner or reputed owner 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: No new or modified structures are contemplated to result from this Application. MONTROSE AND OURAY COUNTIES. CASE NO. 2007CW203 GUNNISON COUNTY, SLATE AND EAST RIVERS, GUNNISON RIVER. Skyland Metropolitan District (“Skyland District”), Attn: Frank Alfone, District Manager, 350 Country Club Dr, Ste 112A, Crested Butte, CO 81224, (970) 349-7411; copies of pleadings to Mark A. Hermundstad and Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Application for Underground Water Rights, for Appropriative Right of Exchange, and for Approval of Plan for Augmentation. FIRST CLAIM FOR RELIEF (Underground Water Rights). Structure & Well Permit Info: Structures: Skyland East River Wells Nos. 1, 2, 3, 4, and 5; Well Permit: Monitoring and observation well permits for the Well No. 1: Permit No. 271401; Well No. 2: Permit No. 271403; Well No. 3: Permit No. 271402; Well No. 5: Permit No. 272943. Applications have not yet been filed for permanent well permits but Applicant will file applications during the pendency of or after the conclusion of this proceeding; Legal Description: Located in Sec. 8, T. 14 S., R. 85 W., 6th P.M.: Well No. 1 located at a point approx. 1,892 ft E of the W sec. line & 900 N of the S sec. line of Sec. 8 (UTM coordinates: E333445, N4301520); Well No. 2 located at a point approx. 1,851 ft E of the W sec. line & 1,067 N of the S sec. line of Sec. 8 (UTM coordinates: E333433, N4301571); Well No. 3 located at a point approx. 1,862 ft E of the W sec. line & 1,166 N of the S sec. line of Sec. 8 (UTM coordinates: E333437, N4301601); Well No. 4 located at a point approx. 1,832 ft E of the W sec. line & 1,224 N of the S sec. line of Sec. 8 (UTM coordinates: E333428, N4301619); Well No. 5 located at a point approx. 1640 ft E of the W sec. line & 1,342 N of the S sec. line of

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Sec. 8 (UTM coordinates: E333370, N4301656); Well Nos. 1, 2, 3 and 4 are located in the SE¼ SW¼ of Sec. 8 and Well No. 5 is located in the NE¼ SW¼ of Sec. 8. The locations of the Wells are shown on Figure 1 (on file with the Court). The UTM coordinates given above are in meters; Zone: 13N; NAD83. Source: Wells will divert groundwater from the alluvium of the East River, tributary to the Gunnison River. Well Nos. 1, 2, 3 and 4 will all be located within 100 feet of the East River, so the effect on the East River of pumping these four wells shall be deemed to be instantaneous. Well No. 5 is located approximately 150 feet from the East River. A Glover analysis shows that 96% of the impact of pumping Well No. 5 on the East River will be felt within three months after the pumping occurs. Depth: Maximum depths: Well No. 1: 88 ft; Well No. 2: 82 ft; Well No. 3: 300 ft; Well No. 4: 300 ft; and Well No. 5: 165 ft. Appropriation Date: March 31, 2005; Amounts: Well Nos. 1, 2, 3 and 4: 375 g.p.m. (0.84 c.f.s.) each, conditional; Well No. 5: 100 g.p.m. (0.22 c.f.s.), conditional. Maximum combined pumping rate from the Wells Nos. 1, 2, 3 and 4 shall be 375 g.p.m. (0.84 c.f.s.). Maximum total combined withdrawals from the Skyland East River Wells under the water rights claimed in this First Claim for Relief shall be 466 acre ft per year. Uses: municipal purposes, including without limitation domestic, household, mechanical, commercial, manufacturing, industrial, generation of power, fire protection, street sprinkling, watering of parks, lawns, trees, gardens, golf courses and other grounds, the maintaining of adequate municipal reserves, and the adjustment and regulation of water in and between the various units and features of the Skyland District’s water system. The water will be used within the boundaries of the Skyland District, as such boundaries may be expanded in the future, in Gunnison County, Colorado. The Skyland District’s boundaries currently include portions of Sections 1 and 12, T. 14 S., R. 86 W., 6th P.M., and Sections 6 and 7, T. 14 S., R. 85 W., 6th P.M.; water diverted will also be used for augmentation, replacement and exchange purposes in connection with the delivery of water to the Skyland District’s users; water diverted may be used directly for any of the above purposes, or it may be stored in the following storage facilities for subsequent use for any of the above purposes: Lake Grant and Lake Grant Enlargement (decreed in C.A. 5782, Gunnison Co. Dist. Ct. and 93CW185); Skyland Resort and Country Club No. 5 Pond, No. 7 Pond, No. 11 Pond and No. 16 Pond (decreed in 87CW241); storage tanks now existing or hereafter constructed to adjust and regulate the supply of water in and between the various units and features of the Skyland District’s water system and to supply water to residents of the Skyland District; and any future storage facilities constructed or operated by the Skyland District. Name and address of owner of land on which Wells are located: East River Regional Sanitation District, 350 Country Club Drive, Suite 112A, Crested Butte, Colorado 81224. Second Claim for Relief (Appropriative Right of Exchange); Name of Exchange: Skyland Pumpback Exchange; Legal Description of Structures: Skyland Pumpback Exchange will be effectuated using Skyland East River Wells Nos. 1, 2, 3 and 4, the legal descriptions of which are set forth above. Skyland East River Well No. 5 will not be used in connection with the exchange; Source: Treated sewage effluent discharged from the East River Regional Sanitation District Wastewater Treatment Plant (“East River Treatment Plant”) to the East River. Such effluent will not be diverted directly, but instead will be diverted by exchange through the Skyland East River Wells as described below. The sources of the water that will generate such effluent are tributary to the Slate River, tributary to the East River, tributary to the Gunnison River. Appropriation: Date: March 31, 2005; Amount: 375 g.p.m. (0.84 c.f.s.), cond., with a max. volumetric limit of 241 acre ft per year; Uses: Same uses as the Skyland East River Wells as described above. Plan for Operation of Skyland Pumpback

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Exchange: A. Introduction. As described above, the source of water diverted pursuant to the Skyland Pumpback Exchange will be treated sewage effluent discharged from the East River Treatment Plant to the East River. Such effluent will not be diverted directly, but instead will be diverted by exchange through Skyland East River Wells Nos. 1, 2, 3 and 4 as described below. There will be two sources of water that generate this effluent: (i) water from the Skyland District’s potable water system used for in-house uses, which water originates in the Slate River drainage and (ii) water from other developments near the Skyland District that originates in the Slate River drainage. Each of these sources will be described in more detail below. B. Effluent Generated from the Skyland District’s Potable Water System. (1) The Skyland District is a Colorado special district located approximately two miles southeast of the Town of Crested Butte in Gunnison County. A planned unit development known as Skyland, encompassing approximately 600 acres, exists within the boundaries of the Skyland District. The Skyland District provides domestic and irrigation water service to the Skyland development. In addition, there currently exists an 18-hole golf course within the Skyland development. The Skyland development is located within the Slate River drainage. The current boundaries of the Skyland District are illustrated on Figure 2 (on file with the Court). (2) The land within the Skyland District’s boundaries was originally irrigated with 8.25 c.f.s. of direct flow water rights and 180.05 acre-ft of storage rights. These rights were changed from their originally decreed purposes to irrigation and all municipal purposes by decree entered in Case No. W-2100, District Court, Water Division 4, on April 17, 1975. In addition, the Skyland District has appropriated other water rights for use in supplying water to the Skyland development, which water rights include the following: a. Skyland Well No. 1 and Skyland Wells Nos. 4 through 16, decreed in Case No. 95CW193; b. Skyland Resort and Country Club No. 5 Pond, No. 7 Pond, No. 11 Pond and No. 16 Pond, decreed in Case No. 87CW241; c. Lake Grant Enlargement, decreed in Case No. 93CW185,; (3) The water rights described in (2) above divert and store water tributary to the Slate River. These water rights have been and will be used to supply two separate water supply systems serving the Skyland development: a potable water system owned and operated by the Skyland District for residential and commercial development, and an irrigation water system for the golf course. The irrigation water system may be extended in the future to provide water for lawns and gardens in the Skyland development. (4) The Skyland District’s potable water system currently serves both in-house water uses and lawn watering uses. The Skyland Pumpback Exchange relates only to the water from the Skyland District’s potable water system used for in-house uses. (5) Waste water from in-house uses of water from the Skyland District’s potable water system is centrally collected and pumped to the East River Treatment Plant for treatment. The East River Treatment Plant is located in the East River drainage approximately one mile southeast of the Skyland development, and is owned and operated by the East River Regional Sanitation District. Effluent from the East River Treatment Plant is discharged to the East River at a point approximately 2.5 miles upstream from the confluence of the East River with the Slate River (the “East River Effluent Discharge Point”). The effluent generated from water from the Skyland District’s potable water system shall be referred to herein as the “Skyland Effluent.” C. Slate River Water from Other Developments. Other developments in the area near Skyland divert water under water rights owned or controlled by such developments. These water rights divert water that is tributary to the Slate River. Water used for in-house uses in these developments is collected and pumped to the East River Treatment Plant for treatment. The treated effluent from this water is then discharged to the East River at the East River

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Effluent Discharge Point. This effluent shall be referred to herein as the “Additional Slate River Effluent.” Pursuant to an intergovernmental agreement between the Skyland District and the East River Regional Sanitation District, the Skyland District is entitled to divert and utilize the Additional Slate River Effluent by exchange. D. Operation of Skyland Pumpback Exchange. (1)The Skyland District and the East River Regional Sanitation District will monitor and determine the amount of Skyland Effluent and Additional Slate River Effluent generated by the East River Treatment Plant using meters for amounts pumped to the East River Treatment Plant by each of these sources, meters for amounts discharged to the East River from the East River Treatment Plant, and other appropriate means. (2) Under the Skyland Pumpback Exchange, the Skyland District will use Skyland East River Wells Nos. 1, 2, 3 and 4 to pump an amount of water equivalent to the amount of Skyland Effluent and Additional Slate River Effluent that is discharged to the East River from the East River Treatment Plant. The water pumped from Skyland East River Wells Nos. 1, 2, 3 and 4 will be transported to the Skyland development in a pipeline and used for the uses described above. The anticipated route of such pipeline is illustrated on Figure 3 (on file with the Court), although such route may change depending on the final design of the pipeline. (3) The Skyland Effluent and Additional Slate River Effluent results from water diverted originally from the Slate River drainage. Thus, the Skyland Effluent and Additional Slate River Effluent are waters that are new, developed, and/or foreign as to the portion of the East River between the East River Effluent Discharge Point and the confluence of the Slate and East Rivers. The Skyland District retains dominion over the Skyland Effluent with respect to that reach of the East River, and the intergovernmental agreement between the Skyland District and the East River Regional Sanitation District grants the Skyland District dominion over the Additional Slate River Effluent unless and until such effluent is claimed by the original generator of that effluent. The Skyland Pumpback Exchange is, in effect, a change in the point of return of the Skyland Effluent and Additional Slate River Effluent back to the Slate River drainage, and appropriators on the portion of the East River between the East River Effluent Discharge Point and the confluence of the Slate and East Rivers have no vested right to the continuation of discharges of Skyland Effluent or the Additional Slate River Effluent to the East River. Metropolitan Denver Sewage Disposal District No. 1 v. Farmers Reservoir and Irrigation Company, 179 Colo. 36, 499 P.2d 1190 (1972). Thus, the Skyland Effluent and Additional Slate River Effluent can be exchanged under the Skyland Pumpback Exchange without regard to the impact on water rights in the portion of the East River between the East River Effluent Discharge Point and the confluence of the Slate and East Rivers. (4) The Skyland District will develop accounting procedures acceptable to the Division Engineer to assure that the amount pumped from Skyland East River Wells Nos. 1, 2, 3 and 4 under the Skyland Pumpback Exchange is no greater in time and amount than the amount of Skyland Effluent and Additional Slate River Effluent discharged to the East River from the East River Treatment Plant. Exchange Reach: The reach of the East River affected by the Skyland Pumpback Exchange is described as follows: A. Upstream terminus: The East River Effluent Discharge Point, which point is located at a point approximately 1,956 ft east of the west section line and 1,187 north of the south section line of Section 8, Township 14 South, Range 85 West, 6th P.M. The location of the East River Effluent Discharge Point is shown on Figure 1. B. Downstream terminus: The confluence of the Slate and East Rivers. Name and address of land owner: East River Regional Sanitation District (see address above). Third Claim for Relief (Approval of Plan for Augmentation) Structures to be augmented: Skyland East River Wells, described in First

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Claim for Relief. The only water rights diverted through these structures are those described in the First and Second Claims for Relief of the Application; Water Rights to be Used for Augmentation: A. Lake Grant Enlargement: Decreed: October 17, 1996; Type: Storage; Legal: a reservoir located in the NE1/4 of Sec. 1, T. 14 S., R. 86 W., 6th P.M., Gunnison County, CO, at a point whence the E1/4 Corner of Sec. 1 bears South 77 deg. 13 min. East 849 ft.; Source: Natural springs within the reservoir’s boundaries, as well as undefined natural surface runoff, all tributary to the Slate River, tributary to the Gunnison River; Appropriation: September 21, 1992; Amount: 140 acre ft; Use: Augmentation of municipal depletions, piscatorial, recreation, and fire protection. B. Skyland Effluent and Additional Slate River Effluent, identified above. Historic Use: Lake Grant Enlargement has historically been used, in part, to augment depletions from the Skyland development, and it is decreed for such purpose. The location of Lake Grant, which is used to store water under the Lake Grant Enlargement, is illustrated on Figure 3; Statement of Plan for Augmentation: A. The Skyland District plans to construct a pipeline from Lake Grant to the property upon which the East River Treatment Plant is located. This pipeline will parallel the pumpback pipeline that will be used to effectuate the Skyland Pumpback Exchange. B. Skyland Effluent and Additional Slate River Effluent will be left in the East River drainage, and/or water will be released from water stored in Lake Grant under the Lake Grant Enlargement, to replace depletions from the Skyland East River Wells that are out of priority with respect to senior water rights located on the East River upstream from its confluence with the Slate River. When Lake Grant water is used for such purposes, it will be released from Lake Grant into, and transported to the East River through, the pipeline described above. As described above, water diverted under the Skyland Pumpback Exchange can be exchanged without regard to the impact on water rights in the portion of the East River between the East River Effluent Discharge Point and the confluence of the Slate and East Rivers. Accordingly, such diversions shall not be required to be replaced to meet calls of senior water rights on that portion of the East River. C. The Skyland District will develop accounting procedures acceptable to the Division Engineer to implement this plan for augmentation. D. This plan for augmentation will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. Name and address of land owners: Lake Grant is located on land owned by Applicant. The Skyland East River Wells are located on lands owned by the East River Regional Sanitation District (see address above). (17 pages). GUNNISON COUNTY CASE NO. 2007CW204. Applicant: Blue Bird Ranch LLC., C/O Paul Rubacha, 239 Central Park West, Apt 3-B, New York, NY 10024. Application for Surface Water Right: East Fork Muddy Creek – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 744 feet south of section 10 north boundary and 1,688 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 05/25/2006. Amount Claimed: 0.07cfs absolute for piscatorial, wildlife, livestock and fire protection purposes. Rubacha Spring No. 1 – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 895 feet south of section 10 north boundary and 2,400 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 05/25/2006. Amount Claimed: 0.02 cfs absolute for piscatorial, wildlife, livestock and fire protection purposes. Application for Storage Water Right: East Fork Muddy Creek Pond No. 1 – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 805 feet south of section 10 north

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boundary and 2,180 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 05/25/2006. Amount Claimed: 0.48 AF absolute storage for piscatorial, wildlife, livestock and fire protection purposes. East Fork Muddy Creek Pond No. 2 – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 818 feet south of section 10 north boundary and 2,260 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 05/25/2006. Amount Claimed: 0.18 AF absolute storage for piscatorial, wildlife, livestock and fire protection purposes. East Fork Muddy Creek Pond No. 3 – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 855 feet south of section 10 north boundary and 2,396 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 05/25/2006. Amount Claimed: 0.12 AF absolute storage for piscatorial, wildlife, livestock and fire protection purposes. East Fork Muddy Creek Pond No. 4 – NW ¼ NE ¼ of Section 10, T42N, R10W, NMPM. 829 feet south of section 10 north boundary and 2,485 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 05/25/2006. Amount Claimed: 0.16 AF absolute storage for piscatorial, wildlife, livestock and fire protection purposes. East Fork Muddy Creek Pond No. 5 – NE ¼ NW ¼ of Section 10, T42N, R10W, NMPM. 785 feet south of section 10 north boundary and 2,570 feet west of section 10 east boundary. Source: East Fork Muddy Creek to Muddy Creek to Big Bear Creek to San Miguel River. Appropriation date: 05/25/2006. Amount Claimed: 0.59 AF absolute storage for piscatorial, wildlife, livestock and fire protection purposes. SAN MIGUEL COUNTY. CASE NO. 2007CW205. Applicant: William James Taylor, 1153 Granville Road, Cedarburg, Wisconsin 53012. Application for Change of Water Right: from previous decree: Date entered 11/04/2004. Case number: 04CW19. Taylor’s Spring – Decreed point of diversion - SE ¼ NE ¼ SE ¼ of Section 30, T42N, R9W, NMPM. 1,830 feet north of the south section line and 412 feet west of the east section line. Source: South Fork of the San Miguel River. Appropriation Date: 01/30/2004. Amount claimed .002 cfs conditional. Historic use: No previous use by applicant. Proposed change: Water from the spring will be channeled into a cistern and used for domestic water use. No change to point of diversion. SAN MIGUEL COUNTY. CASE NO. 2007CW206 (REF NO. 04CW19). Applicant: William James Taylor, 1153 Granville Road, Cedarburg, Wisconsin 53012. Application To Make Absolute: Taylor’s Spring - SE ¼ NE ¼ SE ¼ of Section 30, T42N, R9W, NMPM. 1,830 feet from the south line and 412 feet from the east section line. Source: South Fork of the San Miguel River. Appropriation Date: 01/30/2004. Amount claimed .002 cfs absolute for domestic use. SAN MIGUEL COUNTY. CASE NO. 2007CW207. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT, FOR STORAGE RIGHTS AND FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE Name, address, telephone number of applicant(s): Michael J. Boyd and Linda Glascock Boyd, 1707 N. Waterfront Pkwy, Witchita, KS 67206, Telephone 316-685-5341 x109. (Send all pleadings to John R. Hill, Jr., 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230 Telephone: (970) 641-1903, jrhill@brattonhill.com) CLAIM NO. 1- APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT Name of Structure: Jordan Ditch No. 2 First

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Enlargement Legal description of each point of diversion: In the SW¼ of the NE¼, Section 7, Township 14 South, Range 84 West, 6th P.M. on the left bank of an unnamed stream flowing off the southeast side of Double Top Mountain, at a point located approximately 1620 ft. west of the east section line and 1850 ft. south of the north section line (UTM Zone 13S, Easting 342263, Northing 4301972). Source: Unnamed tributary of Cement Creek a tributary of the East River. Facts related to appropriation: Date of appropriation: December 6, 2007. How appropriation was initiated: Coexistence of site reconnaissance and formation of intent to appropriate. Date water applied to beneficial use: N/A. Amount claimed: 0.5 cfs conditional. Use or proposed use: Piscatorial and recreational. CLAIM NO. 2 APPLICATION FOR CONDITIONAL STORAGE RIGHT Name of Reservoir: Boyd Pond No. 1. Legal description of location of dam: In the SE¼NE¼, Section 7, Township 14 South, Range 84 West, 6th P.M. The outlet for Boyd Pond No. 1 will be located approximately 1200 feet west of the east section line and 1720 feet south of the north section line (UTM Zone 13S, Easting 342392, Northing 4301998). If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Jordan Ditch No. 2 First Enlargement 0.5 cfs. Source: Unnamed tributary of Cement Creek a tributary of the East River. Facts related to appropriation. Date of appropriation: December 6, 2007. How appropriation was initiated: Coexistence of site reconnaissance and formation of intent to appropriate. Date water applied to beneficial use: N/A. Amount claimed: 8.0 acre-feet conditional. Use: Piscatorial and recreational. Facts relating to structure. Surface area at high water line: 1.0 acre. Maximum height of dam: 10 ft. Length of dam: 370 feet. Total capacity: 8.0 acre-feet. Active capacity: 8.0 acre-feet. Dead storage:0.0 acre-feet. CLAIM NO. 3 APPLICATION FOR CONDITIONAL STORAGE RIGHT Name of Reservoir: Boyd Pond No. 2. Legal description of location of dam: On an unnamed tributary of cement creek in the SE¼NE¼, Section 7, Township 14 South, Range 84 West, 6th P.M. The outlet for Boyd Pond No. 2 will be located approximately 570 feet west of the east section line and 2330 feet south of the north section line (UTM Zone 13S, Easting 342579, Northing 4301791). Source: Unnamed tributary of Cement Creek a tributary of the East River. Facts related to appropriation: Date of appropriation: December 6, 2007. How appropriation was initiated: Coexistence of site reconnaissance and formation of intent to appropriate. Date water applied to beneficial use: N/A. Amount claimed: 4.0 acre-feet conditional. Use: Piscatorial and recreational. Facts relating to structure: Surface area at high water line: 0.5 acre. Maximum height of dam: 4 ft. Length of dam: 260 feet. Total capacity: 4.0 acre-feet. Active capacity: 2.0 acre-feet. Dead storage: 2.0 acre-feet. CLAIM NO. 4 APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE Name of Exchange: Aspinall Unit– Boyd Ponds. Exchange Reach: From the Aspinall Unit up the Gunnison River to Almont, thence up the East River to the confluence with Cement Creek, and thence up Cement Creek to the Jordan Ditch No. 2 Enlargement located within the SW¼NE1/4, Section 7, Township 14 South, Range 84 West, 6th P.M. at a point located approximately 1620 ft. west of the east section line and 1850 ft. south of the north section line, and to the Boyd Pond No. 2 located within the SE¼NE¼, Section 7, Township 14 South, Range 84 West, 6th P.M. the outlet works for which will be located at a point approximately 570 feet west of the east section line and 2330 feet south of the north section line. Amount Claimed: 0.0108 cfs, conditional. Operation of Exchange: Water will be released from the Aspinall Unit at the direction of the Division Engineer in the amounts shown in Column 9 of Exhibit 1 and exchanged up the Gunnison River, the East River, and Cement Creek to the respective structures. Date of

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Appropriation: December 6, 2007. How appropriation was initiated: By site reconnaissance and formation of intent to appropriate an exchange. 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: Applicant, see paragraph 1. Remarks: Boyd Pond Nos. 1 and 2 will normally be kept full throughout the year, and will act as a flow-through pond continuously being refilled by the Jordan Ditch No. 2 Enlargement. Applicant will purchase Aspinall water from the Upper Gunnison River Water Conservancy District under a third party contract and participate in the District’s plan for augmentation applied for in Case No. 03CW49 in order to augment out-of-priority depletions resulting from pond evaporation when a call occurs from downstream of Blue Mesa Reservoir. GUNNISON COUNTY. CASE NO. 2007CW208. Applicant: Tanya Dwyer, P.O. Box 530, Olathe, CO 81425. Application for Absolute Surface Water Rights, Storage Right and Augmentation: Water Surface Right: Reservation Ditch Alexander Enlargement – NW ¼ SE ¼ of Section 6, T47N, R8W, NMPM. 1,363 feet north of Section 6 south line and 2,250 feet west of Section 6 east line. Source: Uncompahgre River. Appropriation Date: 01/01/2007. Amount Claimed: 4.0 cfs absolute from 98CW193, adding rights for livestock and fire protection. Use: Fill and refill ponds during priority for fish, wildlife, livestock, and fire protection. Water Storage Right: Dwyer Pond No. 1 – SE ¼ NW ¼ of Section 6, T47N, R8W, NMPM. 1,555 feet south of Section 6 north boundary and 1,412 feet east of Section 6 west boundary. Source: Uncompahgre River. Appropriation Date: 01/01/2007. Amount Claimed: 9.7 acre-feet absolute for fire protection, piscatorial, wildlife and livestock. Dwyer Pond No. 2 – SE ¼ NW ¼ of Section 6, T47N, R8W, NMPM. 1,998 feet south of Section 6 north boundary and 1,831 feet east of Section 6 west boundary. Source: Uncompahgre River. Appropriation Date: 01/01/2007. Amount Claimed: 6.4 acre-feet absolute for fire protection, piscatorial, wildlife and livestock. Plan for Augmentation: Name of structure to be augmented: Dwyer Pond No. 1. Previous Decrees for water to be used for augmentation: 98CW193, Reservation Ditch Alexander Enlargement. Historic Use: Applicant has been diverting from the Reservation Ditch Alexander Enlargement, 98CW193, since April 2007 to fill the ponds. Statement of plan for augmentation: The augmentation plan includes an existing augmentation pond with a lockable outlet system, gates and pipeline that returns the augmentation releases to the Uncompahgre River within 300 feet of the augmentation pond during call periods. The augmentation pond storage capacity is greater than the maximum evaporative depletion from Dwyer Pond No. 1 for a 12 month period. (See Appendix B, Evaporative Depletion Rates and Appendix C, Augmentation Pond Capacity Table). An Agri Drain outlet system has been installed in the Augmentation pond for easy management by the Colorado Division of Water Resources during call periods. Remarks: Applicant owns 50% of the Reservation Ditch Alexander Enlargement and 50% of the 8.0 cfs water rights adjudicated in 98CW193, conveyed by William M. and Carolina A. Alexander during property purchase. Rights from 98CW193 are used to fill the ponds during priority. The applicant has diverted water from the Reservation Ditch Alexander Enlargement through Dwyer Ponds Nos. 1 and 2 and returned the flows back into the Reservation Ditch Alexander Enlargement. The diversion and return points are both on the applicant’s property. The applicant wishes to add livestock and fire protection to the right adjudicated in 98CW193 and

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apply for storage and augmentation of Dwyer Pond Nos. 1 and 2. All water diversions, storage facilities and augmentation features have been constructed and water rights applied for have been put to absolute beneficial use. Dwyer Ponds Nos. 1 and 2 were designed to utilize existing adjudicated ditches and efforts were coordinated with the neighbor who owns the remaining 50% of Reservation and Alexander Enlargement Ditches and water rights. Appendix B

EVAPORATIVE DEPLETIONS FROM DWYER POND NO. 1 Montrose, CO Month Net Lake Evaporation /Mo. Inches Dwyer Pond No. 1 Net Evaporation January 0.48 0.06 February 0.76 0.10 March 2.11 0.28 April 3.36 0.45 May 4.79 0.64 June 6.18 0.83 July 5.87 0.79 August 4.51 0.61 September 3.35 0.45 October 1.77 0.23 November 0.69 0.09 December 0.42 0.06 TOTAL 34.29” 4.59 AF Monthly gross lake evaporation minus precipitation in inches for the vicinity of Montrose, Colorado. Dwyer Pond No. 1 net evaporative losses by month in acre feet. Appendix C STAGE CAPACITY CHART For Dwyer Augmentation Pond No. 2 (Pond Capacity per 1’ Release Intervals) Total Capacity : 6.4 acre feet @ 7’ depth Depth Acre Feet Storage 7’-6’ 1.27 6’-5’ 1.23 5’-4’ 1.17 4’-3’ 1.03 3’-2’ 0.85 2’-1’ 0.65 1’-0’ 0.20 TOTAL STORGAE 6.40 AF MONTROSE COUNTY.

CASE NO. 2007CW209. Name, address, telephone number(s) (residence and business of applicant(s)): USDA Forest Service Grand Mesa, Uncompahgre, and Gunnison National Forests 2250 Highway 50 Delta, CO 81416-8723, (970) 874-6600, 2. Name of Structure: Trail Creek Spring Development and Pipeline, 3. Legal description of each point of diversion: All UTM data are from Zone 13 and use the NAD 83 (CONUS) datum. Located on public lands in Saguache

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County in the NW/4 SW/4 SW/4, Section 6, T45N R02E, N.M.P.M., approximately 1,300 feet north of the south section line and 150 feet east of the west section line. UTM coordinates 341922mE, 4228016mN, NAD 83 Required Description: Saguache County. SE 1/4 of the, NE ¼, Section 6, Township 45N, Range 02E, Principal Meridian New Mexico, Distance from section lines (section lines are typically not property lines) 1300 feet from north and 150 feet from east. Street Address: National Forest System Lands, 4. Source: Trail Creek Spring located within the Los Pinos watershed, tributary to Cochetopa Creek, tributary to Tomichi Creek, tributary to the Gunnison River. 5. A. Date of initiation of appropriation: 1946, B. How appropriation was initiated: The United States authorized use of the Trail Creek Allotment and its associated water sources by grazing permitees. C. Date water applied to beneficial use: 1946, 6. Amount Claimed: 0.003 cfs Absolute, 7. Use or proposed use: Trail Creek Spring provides water for up to 300 cattle on the Trail Creek Allotment (6344) and provides water for wildlife. 8. Name(s) and address(es) of owner(s) of the land upon which the point of diversion is located: United States of America on behalf of the United States Department of Agriculture, Forest Service, Grand Mesa, Uncompahgre and Gunnison National Forests, Gunnison Ranger District, 216 N. Colorado Street, Gunnison, CO 81230, Name(s) and address(es) of owner(s) of land on which place of use(s) is (are) located: United States of America on behalf of the United States Department of Agriculture, Forest Service, Grand Mesa, Uncompahgre and Gunnison National Forests, Gunnison Ranger District 216 N. Colorado Street, Gunnison, CO 81230, AND United States of America on behalf of the United States Department of Interior, Bureau of Land Management, Gunnison Field Office, 216 N. Colorado Street, Gunnison, CO 81230. SAGUACHE COUNTY.

CASE NO. 2007CW210(REF NO. 01CW98). Applicant: Paul Pike and Nanci Pike. 2763 Big Spring Ranch Road, Delta, CO 81416. Application To Make Absolute: Big Spring – SE ¼ SW ¼ SE ¼ of Section 12, T15S, R95W, 6th PM. 1,600 feet west of the east section line and 200 feet north of the south section line. Source: Uncompahgre River. Appropriation Date: 07/01/1998. Amount Claimed: .33 cfs absolute for domestic use in one dwelling, irrigation and stockwater. DELTA COUNTY.

CASE NO. 2007CW211. 07CW211 APPLICATION FOR STORAGE RIGHTS AND FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE Name, address, telephone number of applicant(s): Crystal Creek Homeowners Association, 12500 County Road 742, Almont, CO 81210, telephone 970-641-3176. (Send all pleadings to John R. Hill, Jr., 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230 Telephone: (970) 641-1903, jrhill@brattonhill.com) CLAIM NO. 1 APPLICATION FOR ABSOLUTE STORAGE RIGHT Name of Reservoir: Excelsior Pond. Legal description of location of pond: In the NW¼SW¼, Section 9, Township 15 South, Range 83 West, 6th P.M. The outlet for Excelsior Pond is located 495 feet east of the west section line and 2600 feet north of the south section line (UTM Zone 13S, Easting 354102, Northing 4291642). Pond is on channel. Source: Excelsior Creek, a tributary to the Taylor River. Facts related to appropriation: Date of appropriation: December 31, 1949. How appropriation was initiated: Construction of pond in the 1940s and application to recreational, piscatorial and fire protection use. Date water applied to beneficial use: Prior to December 31, 1949. Amount claimed: 1.7 acre-feet absolute. Use: Recreational, piscatorial and fire protection. Facts relating to structure: Surface area at high water line: 0.21 acres. Maximum

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height of dam: 10 feet. Length of dam: 200 feet. Total capacity: 1.7 acre-feet. Active capacity: 1.7 acre-feet. Dead storage: 0.0 acre-feet. CLAIM NO. 2 APPLICATION FOR CONDITIONAL STORAGE RIGHT Name of Reservoir: Excelsior Pond First Enlargement. Legal description of location of dam: Same as paragraph, above. Source: Excelsior Creek, a tributary to the Taylor River. Facts related to appropriation: Date of appropriation: December 6, 2007. How appropriation was initiated: Formation of intent to enlarge existing structure. Date water applied to beneficial use: N/A. Amount claimed: 0.42 acre-feet conditional. If off channel reservoir, rate of diversion for filling of reservoir: Use: Recreation, piscatorial and fire protection. Facts relating to structure: Surface area of enlargement at high water line: 0.05 acres (total surface area of enlarged pond will be 0.26 acres. Maximum height of dam: 10 feet. Length of dam enlargement: 100 feet. Total capacity of enlargement: 0.42 acre-feet (total capacity of enlarged reservoir will be 2.12 acre-feet). Active capacity of enlargement: 0.42 acre-feet (total active capacity of enlarged reservoir will be 2.12 acre-feet). Dead storage: 0.0 acre-feet. THIRD CLAIM APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE Name of Exchange: Blue Mesa Reservoir – Excelsior Ponds Exchange. Exchange Reach: From Blue Mesa Reservoir up the Gunnison River to Almont, thence up the Taylor River to the confluence with Excelsior Creek, and thence up Excelsior Creek to Excelsior Pond located the within the NW¼SW¼ Section 9, Township 15 South, Range 83 West, 6th P.M. The outlet for Excelsior Pond is located at a point 495 feet east of the west section line and 2600 feet north of the south section line. Amount Claimed: 0.002 cfs, conditional. Operation of Exchange: Water will be released from Blue Mesa Reservoir at the direction of the Division Engineer and exchanged up the Gunnison River, the Taylor River, and Excelsior Creek to the named structures. Date of Appropriation: December 6, 2007. How appropriation was initiated: Formation of intent to appropriate exchange involving existing structure and proposed enlarged structure. 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 paragraph 1. Remarks: Excelsior Pond and Excelsior Pond First Enlargement will normally be kept full throughout the year and will act as a flow-through pond continuously being refilled by Excelsior Creek. Applicant will purchase Aspinall water from the Upper Gunnison River Water Conservancy District under a third party contract and participate in the District’s plan for augmentation applied for in Case No. 03CW49 in order to augment out-of-priority depletions resulting from pond evaporation when a call occurs from downstream of Blue Mesa Reservoir. GUNNISON COUNTY. CASE NO. 2007CW212. Applicant: Terry Mowbray, P.O. Box 442, Crawford, CO 81415. Application for Surface Water Right: Niki Ditch - NE ¼ NW ¼ of Section 26, T15S, R92W, 6th PM. 1,200 feet from the south line and 100 feet from the west section line. Source: Cottonwood Creek and Smith Fork of the Gunnison River. Appropriation Date: 03/30/2007. Amount claimed: 1.0 cfs absolute for irrigation from ditch using waste water, also a 6” pipeline to Jewell Pond No. 2 for irrigation. DELTA COUNTY. CASE NO. 2007CW213. Applicant: Brian E. Tennant and Ehren Marie Tennant, c/o Don Tennant, c/o John T. Howe, Hoskin, Farina & Kampf, P.C., P.O. Box 40, Grand Junction, CO 81502; (970) 242-4903. Type of Application: Application for Water Rights. First Claim For

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Water Right: Name of structure: BAB Spring No. 1. Source: Springs tributary to Uncompaghre River. Location: SE¼NE¼ Section 18, T 51 N, R 10 W, N.M.P.M., 1980 feet from North section line, 1000 feet from East section line. Uses: Irrigation, stock watering and domestic. Appropriation Date: September 1, 2000 as to domestic and September 1, 1999 as to irrigation and stock watering uses. Type of structure: spring. Quantity: 1.00 c.f.s., absolute. Second Claim For Water Storage Right: Name of structure: BAB Spring No. 2. Source: Springs tributary to Uncompaghre River. Location: NW¼NE¼ Section 18, T 51 N, R 10 W, N.M.P.M., 620 feet from North section line, 1600 feet from East section line. Uses: Irrigation, stock watering and domestic. Appropriation Date: September 1, 1999. Type of structure: spring. Quantity: 0.500 c.f.s., absolute. Third Claim For Surface Water Right: Name of structure: BAB Pond. Source: Springs tributary to Uncompaghre River. Location: SE¼NE¼ Section 18, T 51 N, R 10 W, N.M.P.M., 1930 feet from North section line, 820 feet from East section line. Uses: Stock watering, recreational, piscatorial and evaporation. Appropriation Date: September 1, 1999. Type of structure: pond Quantity: .33 acre feet with the right to fill and refill without limitation, absolute. Owner of land on which structures are located: All structures identified herein are located on lands owned by Applicants. DELTA COUNTY. CASE NO. 2007CW214 Applicant: The Point Ranch Trust, Peter Broberg, Trustee, 4 El Bravo Way, Palm Beach, FL 33480. Please address all correspondence to Stephen B. Johnson, Esq., Stephen B. Johnson Law Firm, P.C., P.O. Box 726, Telluride, CO 81435. Type of Application: Application for Surface Water Rights. Name of Structures: Held Spring No. 1; Held Spring No. 2. Location: Held Spring No. 1: NE1/4 NE/14 Section 27, T43N, R 11W, N.M.P.M. 1,107 Feet from North Section line and 252 Feet from East Section line. Held Spring No. 2: NE 1/4 NE 1/4, Section 27, T43N, R11W, N.M.P.M. 1,158 Feet from North Section Line and 184 feet from East Section Line. Source: Groundwater along unnamed tributary to Lew Hall Gulch, tributary to Fall Creek, tributary to San Miguel River. Date of Initiation of Appropriation: Held Spring No. 1: June 1, 1965; Held Spring No. 2: June 1, 1965. Amount Claimed: Held Spring No. 1: 5 gpm, or 0.011 cfs, Absolute. Held Spring No. 2: 2 gpm, or 0.004 cfs, Absolute. Use: Held Spring No. 1: Domestic; livestock; wildlife; Held Spring No. 2: Domestic, wildlife. Remarks: Upon information and belief, Held Spring No. 1 and Held Spring No. 2 were developed and placed in use not later than the date of construction of a nearby residential cabin on the Applicant’s Property, known as the Cotter Cabin, in the early summer of 1965. SAN MIGUEL COUNTY.

CASE NO. 2007CW215. Montrose County. Source: Middle Fork Horsefly Creek, tributary to

Horsefly Creek, tributary to the San Miguel River. Application for Surface Water Rights. Eldred

Colorado Family, LP in care of Sara Dunn, BALCOMB & GREEN, PC, PO Drawer 790,

Glenwood Springs, CO 81602 (970) 945-6546. Applicant seeks surface water rights for the

Eldred Springs 9, 10, 11 A-F and 12 all located within the Eldred Colorado Family, LP property

as follows: Eldred Spring 9 located in the NW1/4 NW1/4 NE1/4 Sec. 33, T46N, R10W, NMPM,

410 ft. from the N. Sec. line and 2,440 ft. from the E. Sec. line said Sec. 33. Approp: 11/20/07

by use of spring water for the purposes stated below and applied to beneficial use on 11/20/07.

Amt. Claimed: 0.011 c.f.s. Abs., Abs., 0.022 c.f.s. Cond. for stock watering, wildlife watering,

beaver use for storage in small beaver ponds, and subsequent downgradient Irr. use via

diversions into the Mosca Livestock Company Ditch Nos. 1, 2 and/or 3. Eldred Spring 10

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located in the NW1/4 NW1/4 NE1/4 Sec. 33, T46N, R10W, NMPM, 450 ft. from the N. Sec. line

and 2,320 ft. from the E. Sec. line of said Sec. 33. Approp: 11/20/07 by use of spring water for

the purposes stated below and applied to beneficial use on 11/20/07. Amt. Claimed: 0.011 c.f.s.

Abs., Abs., 0.022 c.f.s Cond. for stock watering, wildlife watering, beaver use for storage in small

beaver ponds, and subsequent downgradient Irr. use via diversions into the Mosca Livestock

Company Ditch Nos. 1, 2 and/or 3. Eldred Spring 11A located in the SE1/4 SE1/4 NW1/4 Sec.

34, T46N, R10W, NMPM, 2,800 ft. from the S. Sec. line and 3,260 ft. from the E. Sec. line of

said Sec. 34. Approp: 11/19/07 by use of spring water for the purposes stated below and

applied to beneficial use on 11/19/07. Amt. Claimed: 0.011 c.f.s. Abs., Abs., 0.033 c.f.s. Cond. for

stock watering, wildlife watering, beaver use for storage in small beaver ponds, and subsequent

downgradient Irr. use via diversions into the Mosca Livestock Company Ditch Nos. 1, 2 and/or

3. Eldred Spring 11A is the upgradient spring location for a series of springs described below as

Eldred Springs 11A-11F. Eldred Spring 11B located in the SW1/4 SE1/4 NW1/4 Sec. 34,

T46N, R10W, NMPM, 2,760 ft. from the S. Sec. line and 3,550 ft. from the E. Sec. line of said

Sec. 34. Approp: 11/19/07 by use of spring water for the purposes stated below and applied to

beneficial use on 11/19/07. Amt. Claimed: 0.022 c.f.s. Abs., Abs., 0.033 c.f.s. Cond. for stock

watering, wildlife watering, beaver use for storage in small beaver ponds, and subsequent

downgradient Irr. use via diversions into the Mosca Livestock Company Ditch Nos. 1, 2 and/or

3. Eldred Spring 11C located in the SW1/4 SE1/4 NW1/4 Sec. 34, T46N, R10W, NMPM, 2,790

ft. from the S. Sec. line and 3,750 ft. from the E. Sec. line of said Sec. 34. Approp: 11/19/07 by

use of spring water for the purposes stated below and applied to beneficial use on 11/19/07.

Amt. Claimed: 0.011 c.f.s. Abs., Abs., 0.022 c.f.s., Cond. for stock watering, wildlife watering,

beaver use for storage in small beaver ponds, and subsequent downgradient Irr. use via

diversions into the Mosca Livestock Company Ditch Nos. 1, 2 and/or 3. Eldred Spring 11D

located in the SW1/4 SE1/4 NW1/4 Sec. 34, T46N, R10W, NMPM, 2,820 ft. from the S. Sec.

line and 3,900 ft. from the E. Sec. line of said Sec. 34. Approp: 11/19/07 by use of spring water

for the purposes stated below and applied to beneficial use on 11/19/07. Amt. Claimed: 0.011

c.f.s. Abs., 0.022 c.f.s. Cond. for stock watering, wildlife watering, beaver use for storage in small

beaver ponds, and subsequent downgradient Irr. use via diversions into the Mosca Livestock

Company Ditch Nos. 1, 2 and/or 3. Eldred Spring 11E located in the SW1/4 SE1/4 NW1/4 Sec.

34, T46N, R10W, NMPM, 3,020 ft. from the S. Sec. line and 3,880 ft. from the E. Sec. line of

said Sec. 34. Approp: 11/19/07 by use of spring water for the purposes stated below and

applied to beneficial use on 11/19/07. Amt. Claimed: 0.011 c.f.s. Abs., 0.022 c.f.s. Cond. for

stock watering, wildlife watering, beaver use for storage in small beaver ponds, and subsequent

downgradient Irr. use via diversions into the Mosca Livestock Company Ditch Nos. 1, 2 and/or

3. Eldred Spring 11F located in the SE1/4 SW1/4 NW1/4 Sec. 34, T46N, R10W, NMPM, 3,030

ft. from the S. Sec. line and 4,150 ft. from the E. Sec. line of said Sec. 34. Approp: 11/19/07 by

use of spring water for the purposes stated below and applied to beneficial use on 11/19/07. Amt.

Claimed: 0.011 c.f.s. Abs., 0.033 c.f.s. Cond. for stock watering, wildlife watering, beaver use for

storage in small beaver ponds, and subsequent downgradient Irr. use via diversions into the

Mosca Livestock Company Ditch Nos. 1, 2 and/or 3. Eldred Spring 12 located in the SE1/4

SE1/4 NW1/4 Sec. 34, T46N, R10W, NMPM, 3,000 ft. from the S. Sec. line and 3,060 ft. from

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the E. Sec. line of said Sec. 34. Approp: 11/19/07 by use of spring water for the purposes stated

below and applied to beneficial use on 11/19/07. Amt. Claimed: 0.011 c.f.s., Abs., 0.033 c.f.s.

Cond. for stock watering, wildlife watering, beaver use for storage in small beaver ponds, and

subsequent downgradient Irr. use via diversions into the Mosca Livestock Company Ditch Nos.

1, 2 and/or 3. (10 pages) MONTROSE COUNTY.

CASE NO. 2007CW216 MONTROSE COUNTY. Source: Southfork and Middlefork of Horsefly Creek tributary to the San Miguel River. Application for Change of Water Right of Eldred Colorado Family, LP in care of Sara M. Dunn, BALCOMB & GREEN, PC, PO Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. Structure for which change is sought: Finch Reservoir. Original Decree: 2/16/1973, Case No. W-1359, Div. 4. Decreed Location: initial point of dam is located at a point in the SE1/4 NE1/4 of Sec. 35, T46N, R11W, NMPM, whence the NE corner of said Sec. 35 bears N. 5 deg. 32’ E. 2,098 ft. from the initial point of the dam. The dam is located in the SE1/4 NE1/4 and the NE1/4 SE1/4 Sec. 35, and the W1/2 NW1/4 of Sec. 36, T46N, R11W, NMPM. 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: Finch Reservoir water right is cond. decreed for dom., pisc., irr., recreation purposes and has not yet been placed to beneficial use. Proposed Change: Applicant seeks three alt. points of storage as follows: Esperanza Pond. Legal Description: Dam is located on-channel in the NE1/4 NW1/4 Sec. 32, T46N, R10W, NMPM, 4,640 ft. from the S. sec. line, 2,860 ft. from the E. sec. line of said Sec. 32. Surface Area of High Water Line: 4 ac. Max. Height of Dam: less than 10 ft. Length of Dam: 430 ft. Capacity of Reservoir: 40 AF. Active Capacity: 14 AF. Dead Storage: 26 AF. Middle Fork Reservoir. Legal Description. Dam is located on-channel in the SE1/4 NE1/4 Sec. 32, T46N, R10W, NMPM, 1,460 ft. from the N. sec. line and 120 ft. from the E. sec. line of said Sec. 32. Surface Area of High Water Line: 40 ac. Max. Height of Dam: 60 ft. Length of Dam: 1,100 ft. Capacity of Reservoir: 960 AF. Active Capacity: 940 AF. Dead Storage: 20 AF. Spirit Reservoir. Legal Description: Dam is located on-channel in the SW1/4 SE1/4 Sec. 32, T46N, R10W, NMPM, 550 ft. N., 215 ft. E. of the SW corner of the SE1/4 said Sec. 32. Surface Area of High Water Line: 35 ac. Max. Height of Dam: 70 ft. Length of Dam: 1,150 ft. Capacity of Reservoir: 1,000 AF. Active Capacity: 980 AF. Dead Storage: 20 AF. 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. (5 pgs). MONTROSE COUNTY. CASE NO. 2007CW217. APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE Name, address, telephone number of applicant: Crystal Creek Homeowners Association, 12500 County Road 742, Almont, CO 81210, telephone 970-641-3176. Please send all pleadings to John R. Hill, Jr., Bratton Hill LLC, 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230. Name of exchange: MERIDIAN LAKE-CCR WELL LOT 15. Exchange reach: From Meridian Lake Reservoir, located in the SW1/4SE1/4 Section 16, NE1/4 NE1/4 SE1/4 Section 21 and SW1/4 NW1/4 SW1/4 Section 22, Township 13 South, Range 86 West, 6th P.M., down the Slate and East Rivers to Almont thence up the Taylor River to Meridian Lake-CCR Well Lot 15 located in the SW1/4 NW1/4 Section 9, Township 15 South, Range 83 West, 6th P.M. at a point 2600 feet from the north line and 330 feet from the west line of said Section 9. Amount claimed: 0.033 cfs conditional. Operation of exchange: Water will be released from

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Meridian Lake Reservoir pursuant to the Upper Gunnison River Water Conservancy District Class D Augmentation Certificate into the Slate River and allowed to flow down the Slate and East Rivers to Almont and then up the Taylor River to Meridian Lake-CCR Well Lot 15. Appropriation Date: November 15, 2007. Appropriation was initiated by application to Upper Gunnison River Water Conservancy District for Class D Augmentation Certificate and publication of notice in the Resume of Applications filed in Water Division No. 4 during the month of October, 2007, pursuant to paragraph 64.f of the Findings of Fact, Conclusions of Law and Decree in case No. 02CW294 and 03CW107, District Court, Water Division No. 4. Remarks: The Division Engineer, Water Division No. 4, has approved the operation of this exchange pursuant to the procedure prescribed in paragraph 64.f of the Findings of Fact, Conclusions of Law and Decree in case No. 02CW294 and 03CW107, District Court, Water Division No. 4. By its terms, that decree does not adjudicate exchange priorities for the benefit of owners of Augmentation Certificates who propose to augment by exchange. Accordingly, the purpose of this application is to determine and fix a priority for the operation of the exchange described above. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: CCR Well Lot 15 is located on land owned by Gilchrist B. Berg, whose address is c/o Water Street Capital, Inc., 225 West Water Street, Suite 1987, Jacksonville, FL 32202. GUNNISON COUNTY. CASE NO. 2007CW218 APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE Name, address, telephone number of applicant: Crystal Creek Homeowners Association, 12500 County Road 742, Almont, CO 81210, telephone 970-641-3176. Please send all pleadings to John R. Hill, Jr., Bratton Hill LLC, 232 West Tomichi Avenue, Suite 202, Gunnison, CO 81230. Name of exchange: MERIDIAN LAKE-CCR WELL LOT 16. Exchange reach: From Meridian Lake Reservoir, located in the SW1/4SE1/4 Section 16, NE1/4 NE1/4 SE1/4 Section 21 and SW1/4 NW1/4 SW1/4 Section 22, Township 13 South, Range 86 West, 6th P.M., down the Slate and East Rivers to Almont thence up the Taylor River to Meridian Lake-CCR Well Lot 16 located in the SE1/4 NW1/4 Section 9, Township 15 South, Range 83 West, 6th P.M., 2838 feet from the south line and 1965 feet from the west line. Amount claimed: 0.033 cfs conditional. Operation of exchange: Water will be released from Meridian Lake Reservoir pursuant to the Upper Gunnison River Water Conservancy District Class D Augmentation Certificate into the Slate River and allowed to flow down the Slate and East Rivers to Almont and then up the Taylor River to Meridian Lake-CCR Well Lot 16. Appropriation Date: August 14, 2007. Appropriation was initiated by application to Upper Gunnison River Water Conservancy District for Class D Augmentation Certificate and publication of notice in the Resume of Applications filed in Water Division No. 4 during the month of October, 2006, pursuant to paragraph 64.f of the Findings of Fact, Conclusions of Law and Decree in case No. 02CW294 and 03CW107, District Court, Water Division No. 4. Remarks: The Division Engineer, Water Division No. 4, has approved the operation of this exchange pursuant to the procedure prescribed in paragraph 64.f of the Findings of Fact, Conclusions of Law and Decree in case No. 02CW294 and 03CW107, District Court, Water Division No. 4. By its terms, that decree does not adjudicate exchange priorities for the benefit of owners of Augmentation Certificates who propose to augment by exchange. Accordingly, the purpose of this application

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is to determine and fix a priority for the operation of the exchange described above. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: CCR Well Lot 16 is located on land owned by Taylor Rio LLC, whose address is PO Box 193809, San Francisco, CA 94119-3809. GUNNISON COUNTY. CASE NO. 2007CW219 MESA COUNTY, DOLORES RIVER. Application for Underground Water Rights. Applicant: John Hendricks c/o Mark E. Hamilton, Esq. and William H. Caile, Esq., HOLLAND & HART LLP, 600 E. Main St., Suite 104, Aspen, CO 81611, 970 -925-3476, e-mail: mehamilton@hollandhart.com. FIRST CLAIM: Name of structure: Office Well No. 2; Location: SE¼SE¼ of Sec. 16, T. 51 N., R. 19 W. of the N.M.P.M., at a point 400 ft. N. of the S. sec. line and 400 ft. W of the E. sec. line; Amount: 80 g.p.m., absolute; Uses: domestic, commercial, piscatorial, industrial, recreation and irrigation (lands to be irrigated: 16 acres within Secs. 15, 16, 21 and 22, T. 51 N., R. 19 W., N.M.P.M.); Approp. date: 10/10/2003; How appropriation was initiated: well drilling, water was applied to beneficial use on 06/25/2004); Source: Dolores River alluvium; Depth: 47 feet; Well permit #: 60296-F. SECOND CLAIM: Name of structure: John Brown Well; Location: NE¼NW¼ of Sec. 22, T. 51 N., R. 19 W. of the N.M.P.M., Mesa County, at a point 818 ft. S. of the N. sec. line and 978 ft. E. of the W. sec. line; Amount: 50 g.p.m., absolute; Uses: domestic, commercial, piscatorial, industrial, recreation and irrigation (lands to be irrigated: 16 acres located within Secs. 15, 16, 21 and 22, T. 51 N., R. 19 W., N.M.P.M.); Approp. date: 10/03/2003; How appropriation was initiated: drilling well; water was applied to beneficial use on 06/14/2004); Source: Dolores River alluvium; Depth: 87 feet; Well permit # 59765-F. Both structures are on Applicant’s property. (4 pages) MESA COUNTY. CASE NO. 2007CW220 MESA COUNTY, DOLORES RIVER. Application for Surface Water Rights. Applicant: John Hendricks c/o Mark E. Hamilton, Esq. and William H. Caile, Esq., HOLLAND & HART LLP, 600 E. Main St., Suite 104, Aspen, CO 81611, 970 -925-3476, e-mail: mehamilton@hollandhart.com. FIRST CLAIM: Name of structure: Palisade Point Pumping Plant; Location: NW¼NW¼ of Sec. 16, T. 51 N., R. 19 W. of the N.M.P.M., at a point 683 ft. S. of the N. sec. line and 470 ft. E. of the W. sec. line; Amount: 2.0 c.f.s., conditional; Source: Dolores River; Use: irrigation (lands to be irrigated: 64 acres within Secs. 8, 9, 16 and 17, T. 51 N., R. 19 W., N.M.P.M.); Approp. date: 12/31/2007. SECOND CLAIM: Name of structure: Roc Creek Diversion; Location: on the west bank of the Dolores River in the SE¼NW¼ of Sec. 4, T. 48 N., R. 18 W. of the N.M.P.M., at a point 2,830 ft. W. of the E. sec. line and 2,600 ft. S. of the N. sec. line; Amount: 2.73 c.f.s., absolute; Source: Roc Creek, tributary to Dolores River; Use: irrigation (lands to be irrigated: 57 acres located within the NW¼NE¼, NE¼SE¼, and NW¼ of Sec. 4, T. 48 N., R. 18 W., N.M.P.M.; Approp. date: 07/10/2006. Both structures are on Applicant’s property. (4 pages) MESA COUNTY. CASE NO. 2007CW221 APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS, in San Miguel County. Applicant: Peter Pitts, P.O. Box 564, Telluride, CO 81435; c/o Jennifer Russell, Russell & Pieterse, LLC, P.O. Box 2673, Telluride, Colorado 81435, (970) 728-5006. Name of structure: East Sunshine Spring. Legal description of point of diversion:

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Required Description: San Miguel County

Southeast 1/4 of the

Southwest1/4

Section

13

Township

42N

Range

10W

Principal Meridian

N.M.P.M.

Distance from section lines:

4643 feet from the north section line and 3264 feet from the east section line

A map showing the location of the spring is attached to the application. Source: Spring tributary to the San Miguel River. Appropriation date: July 23, 1998, by surveying the spring. Amount: 10 g.p.m. (.022 c.f.s.), conditional. Proposed beneficial uses: Irrigation, including irrigation of wetlands, livestock watering, wildlife, domestic and fire protection. Irrigation use will be for a total of 2 acres located in SE 1/4 of the SW 1/4, Section 13, T42N, R10W, N.M.P.M., San Miguel County, Colorado. Name of owner of land upon which the diversion is located: The owner of the land upon which the diversion structure is located is the applicant, Peter Pitts. SAN MIGUEL COUNTY. CASE NO. 2007CW222. Applicants: John L. Rozman, Jr. and Marilyn K. Rozman, 24063 Highway 135, Crested Butte, CO 81224. Application for Water Storage Right: Gravel Pit Pond. NW¼ NE¼, Section 13, Township 14 South, Range 86 West, 6th P.M.; 357 feet from North section line and 1,790 feet from East section line. GPS location in UTM format: Northing 4301184.7840, Easting 330709.57568, Zone 13. Gravel Pit Pond will be an off-channel reservoir and will be filled by the Concrete Well (decreed in Case No. 81 CW 294) or the South Buckley Switch Spring Ditch (decreed in Case No. W-1907) or the Rozman No. 2 Ditch (decreed in Case No. C 394). The legal description of points of diversion are as follows: Concrete Well: Gunnison County. NW¼ NE¼, Section 13, Township 14 South, Range 86 West, 6th P.M.; 400 feet from North section line and 1,520 feet from East section line. Source: Groundwater tributary to the Slate River. South Buckley Switch Spring Ditch: Gunnison County. Section 13, Township 14 South, Range 86 West, 6th P.M.; 2,575 feet East and 750 feet South of Northeast corner. Source: Groundwater tributary to the Slate River. Rozman No. 2 Ditch: SW¼ NE¼, Section 13, Township 14 South, Range 86 West, 6th P.M. Source: Groundwater tributary to the Slate River. Date of appropriation: November 9, 2007. Amount claimed: 30 acre-feet, conditional. GUNNISON COUNTY. CASE NO. 2007CW223 (REF 99CW38) Upper Gunnison River Water Conservancy District, 234 North Main Street, Suite 3C, Gunnison, CO 81230. Application for Finding of Diligence. Taylor River Canal. Original Decree: Civil Action No. 5590 in the District Court, Gunnison County in Water District No. 59 entered on January 27, 1961. Headgate located on the right bank of the Gunnison River at a point whence the SW corner of Section 33, Township 51 North, Range 1 East, N.M.P.M. bears South 37o 36’ West 13,332 feet. Source: Gunnison River and releases from Taylor Park Reservoir. Appropriation Date: November 13, 1957. Amount: 302 c.f.s. Use: Irrigation and domestic. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, is contained in the Application. GUNNISON COUNTY.

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SUPREME COURT OF COLORADO

OFFICE OF THE CHIEF JUSTICE

ORDER

IN THE MATTER OF THE APPOINTMENT OF WATER JUDGES UNDER THE WATER RIGHT DETERMINATION

AND ADMINISTRATION ACT OF 1969 Pursuant to Section 37-92-203(2), C.R.S. (2007) the following judges are designated or redesignated as water judges for the water divisions of the state for 2008: Division 1

Roger A. Klein Gilbert Gutierrez*

Division 2

C. Dennis Maes Kirk S. Samelson *

Division 3

O. John Kuenhold Pattie P. Swift*

Division 4

J. Steven Patrick Charles R. Greenacre *

Division 5

Daniel B. Petre James B. Boyd*

Division 6

Michael A. O’Hara Daniel J. Kaup*

Division 7

Gregory G. Lyman David L. Dickinson*

Dated this 26th day of December, 2007.

/s/ Mary J. Mullarkey Chief Justice * Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation.

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SUPREME COURT OF COLORADO

OFFICE OF THE CHIEF JUSTICE

ORDER

CONCERNING THE APPOINTMENT OF DESIGNATED GROUND WATER JUDGES

Pursuant to the provisions of Section 37-90-115(1)(b)(V), C.R.S. (2007), the following district judges are appointed as designated ground water judges for the named designated ground water basins for 2008: Designated Ground Water Basin

Judge

Judicial District

Northern High Plains Camp Creek

John Curtis Penny, Jr. 13th

Kiowa-Bijou Lost Creek

C. Vincent Phelps, Jr.

17th

Upper Black Squirrel Creek Upper Big Sandy

Larry E. Schwartz 4th

Southern High Plains Stanley A. Brinkley 15th

Upper Crow Creek Roger A. Klein 19th Dated this 26th day of December, 2007 /s/ Mary J. Mullarkey Chief Justice

SUPREME COURT OF COLORADO

OFFICE OF THE CHIEF JUSTICE

ORDER

34

Appointment of

Water Court Senior Judges WHEREAS, Article VI, Section 5(3) of the Colorado Constitution authorizes the

Chief Justice of the Colorado Supreme Court to assign judges and retired judges to

temporarily perform judicial duties as necessary to foster the prompt disposition of

judicial business, and

WHEREAS, Section 37-92-203(2), C.R.S. (2007), authorizes the Chief Justice of

the Colorado Supreme Court to make temporary assignment of other judges to hear

pending water matters,

NOW, THEREFORE, IT IS ORDERED by the Chief Justice that the following

Senior Judges, who have prior experience with Water Court matters, shall be available as

needed for temporary judicial assistance to a particular district in need of assistance with

water matters:

Richard P. Doucette

Jonathan W. Hays

Robert W. Ogburn

Thomas W. Ossola

Connie L. Peterson

Steven E. Shinn

DONE in Denver, Colorado, this 26th

day of Dec. , 2007.

_________________/s/________________

Mary J. Mullarkey, Chief Justice

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308, C.R.S. (2007) directs the State Engineer to establish a notification list for each water division to notify interested parties of requests for approval of: substitute water supply plans (§37-92-308), loans for an instream flow (§37-83-105), and interruptible water supply agreements (§37-92-309).

To receive this information for calendar year 2008, specify whether you prefer to receive the information by first-class mail or electronic mail and send your name, mailing address, e-mail address, daytime telephone number, and water division(s) to: Substitute Water Supply Plan Notification List, Colorado Division of

35

Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203 or e-mail to: dwr-swsplist@state.co.us.

Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us/. Questions may be directed to the Division of Water Resources at (303) 866-3581 or dwr-swsplist@state.co.us. YOU ARE FURTHER NOTIFIED THAT you have until the last day of February 2008, 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: $90.00; 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