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DISTRICT COURT, WATER DIV 6, COLORADO TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV 6

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water DIV. 6, during the month of DECEMBER, 2006.

1. 06CW36 MOFFAT COUNTY, APPLICATION FOR WATER STORAGE RIGHT. Applicant: Reserve Coal Properties Co., Tom Mikesell, P.O. Box 1020, Craig, CO 81626 970-824-5812. Name of Reservoir: RCP Pond No. 10. Legal Description: Moffat County, SE4, NW4, Sec 35, T4N, R90W, 6th PM, 1814 Ft from N and 2258 Ft from W Sec Line. GPS Location: Were points averaged? No. Map in Court File. Name of Ditch: Buried 8” plastic line, the point of diversion is Cedar Creek, of the South Fork of Williams Fork of the Yampa River. SE4, NW4, Sec 35, T4N, R90W, 6th PM, 2400 Ft from N and 2276 Ft from W Sec Line. Source: Cedar Creek of the South Fork of Williams Fork of Yampa River. Date of appropriation: August 15, 2006. How appropriation was initiated: In August 2006 we spent $42,250 to construct a dam to conform to Colorado state specifications. Date water applied to beneficial use: August 15, 2006. Amount claimed in acre ft: 60 Absolute. If off-channel reservoir, rate of diversion in cfs: .044 Absolute. If non-irrigation, describe purpose: Water for livestock & wildlife and fish propagation. Surface area of high water line: 5 acres. Max height of dam: 10’. Length of dam: 850’. Total capacity of reservoir: 60 acre ft. Active capacity: 55 AF. Dead storage: 5 AF. Owner of land: The property is owned by Reserve Coal Properties Co., located at 1800 Washington Rd., Pittsburgh, PA 15241. Remarks: This pond will be filled primarily by runoff. 2. 06CW46 MOFFAT COUNTY, APPLICATION FOR WATER RIGHTS (SURFACE). 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 303-231-5353, extension 551. Name of Structure: Doubledecker Spring. Legal description: Located on public land in the SE4, SE4, SE4, Sec 22, T4N, R96W, 6th PM, approx 150 ft N of the S Sec line, and 550 ft W of the E Sec Line. 232820mE 4465181mN. (Map in Court file) Source: Unnamed tributary to Bob Hughes Creek/Deception Creek/Yampa River. Date of appropriation: 06/28/1934. How appropriation was initiated: The United States authorized use of the Upper Hughes Creek allotment and its associated water sources by grazing permittees. Date water applied to beneficial use: 06/28/1934. Amount claimed: 0.0039 cfs, absolute. Use: Livestock watering. The springs provide water for up to 162 cattle on the Upper Hughes Creek Allotment. Name of owner of land: United States Department of the Interior, Bureau of Land Management, Little Snake Field Office, 455 Emerson St., Craig, CO 81625. 3. 06CW47 ROUTT COUNTY APPLICATION FOR WATER RIGHTS (SURFACE). Applicant: Edmund W. Jones and Delle C. Jones, P.O. Box 774072, Steamboat Springs, CO 80477 970-871-0990. Name of structure: Spring – Delle’s Dip. Legal description: (Map in Court file) Routt County, SE4, NW4, Sec 28, T7N, R84W, 6th PM, 1600 Ft from N and 2200 Ft. from W Sec Line; Street address: 42605 Gunn Creek Lane. Source: Spring, tributary to Gunn Creek, tributary to Soda Creek, tributary to Yampa River. Date of initiation of appropriation: August 2, 2006. How appropriation was initiated: Previewed on site with Water Commissioner. Date water applied to beneficial use: September 30, 1995. Amount claimed: 15 gpm absolute wildlife, conditional, irrigation. Use: Irrigation and wildlife watering. If irrigation, number of acres proposed to be irrigated: 3. Legal description: 3 acre tract within a 42 acre tract in the SE4, NW4, Sec 28, T7N, R84W, 6th PM, Routt County, Colorado. If non-irrigation, describe purpose: Spring flows into a small pond, which stores water for wildlife watering and irrigation. Owner: Applicants. Remarks: See above.

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4. 06CW48 ROUTT COUNTY APPLICATION FOR FINDING OF DILIGENCE (IN PART) AND TO MAKE ABSOLUTE (IN PART) Applicant: Ty Lockhart, 830 Lincoln Avenue, Steamboat Springs, CO 80487 970-879-1822. Name of structure: The Duquette Ditch Enlargement. Type: Ditch. Describe conditional water right: Date of Original Decree: April 17, 2001; Case No. 98 CW 43; Court: Water Division 6. Legal description: Routt County, SE4, SE4, Sec 3, T6N, R85W, 6th PM, 1233 Ft from S and 1210 Ft from E Sec Line. Source: Yampa River. Appropriation Date: August 31, 1998; Amount: .6 cfs, Conditional. Use: Irrigation of no more than 16.6 acres in Parcels A, B, C, D, E, F, G and H, Heritage Park Subdivision. Provide a detailed outline of what has been done: During the Summer of 2000, an irrigation system was installed, at a cost of approx $70,000.00. Water was used to irrigate the athletic fields located on Parcels A and B, Heritage Park Subdivision, beginning October 1, 2000. The pumping rate for this irrigation system is 250 gpm. If claim to make absolute: Date water applied to beneficial use: October 1, 2000; Amount: .5575 cfs; Use: Irrigation of approx 6 acres. Applicant is requesting that the amount of .0425 cfs of water and the right to irrigate an additional 10.6 acres in Parcels A, B, C, D, E, F, G, and H, Heritage Park Subdivision, be continued Conditional, and that the amount of .5575 cfs of water to irrigate 6 acres in Parcels A and B, Heritage Park Subdivision, be made Absolute. Description of place of use: Athletic fields located on Parcels A and B, Heritage Park Subdivision. Landowner: James and Joanne Stanko, P.O. Box 772797, Steamboat Springs, CO 80477; Steamboat Golf Club, P.O. Box 773308, Steamboat Springs, CO 80477. 5. 06CW49 ROUTT AND MOFFAT COUNTIES APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING APPROPRIATIVE RIGHTS OF EXCHANGE Applicant: Upper Yampa Water Conservancy District, c/o Robert G. Weiss, 600 So. Lincoln, Suite 202, Steamboat Springs, CO 80487 General Case Information: Purpose: This Application seeks Court approval for a Plan for Augmentation, Including Appropriative Rights of Exchange (“Plan for Augmentation” or “Plan”) for the Upper Yampa Water Conservancy District (hereinafter “District”). The Plan for Augmentation will establish a dependable legal water supply for participants who obtain a water service contract from the District and become part of the District’s water supply program under this Plan for Augmentation on or after January 1, 2007. The purpose of the Plan for Augmentation is to establish a framework within which new water users, who meet certain criteria, can be included directly into a decreed plan for augmentation that uses District water rights to replace out-of-priority stream depletions. The District owns senior water rights in Yamcolo Reservoir, Stagecoach Reservoir and Morrison Creek that may be used for augmentation purposes. Currently, new, junior water users may be able to purchase a contract for augmentation water from one of the District’s augmentation sources. If such a contract is entered into, these users must pursue adjudication of an individual, private Plan for Augmentation in the Water Court for Water Division No. 6 in order to obtain a legal water supply. Recent water rights developments in Division 6 indicate that demand for the District’s augmentation water will increase in coming years. For example, the City of Steamboat Springs Recreational In Channel Diversion water right (“RICD”) has made the portion of the Yampa River above the RICD structures within Steamboat Springs over-appropriated during the April 15 through August 15 time period. This District comprehensive Plan for Augmentation approach has the following advantages relative to the individual augmentation approach: It describes in detail the specific areas that will be served by the District’s Plan for Augmentation and Appropriative Rights of Exchange utilizing the District’s water rights and supplies. It defines the quantity of water that will be diverted and depleted within specific sub-regions of the District. These provisions provide local and downstream water right owners with a description and understanding of the extent of the District’s current and future water service obligations. This

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includes key stream segments that will be served through operation of an appropriative right of exchange. The Plan for Augmentation is, in the long run, more efficient and cost effective than filling individual, private plans for augmentation in the Water Court. By establishing a decreed framework that includes limits on stream depletions and exchange points, qualifying contractees from the District can be integrated into the augmentation plan immediately. At the same time, vested water right owners have certainty that their rights will be protected and not injured by operation of the District’s water supply program. The Plan for Augmentation will streamline water rights administration of small, individual users that rely on a District contract under this Plan for Augmentation. Specifically, the District will provide an annual operating plan to the Division 6 Engineer’s Office. This operating plan will highlight diversions and depletions associated with all the District’s contracts under this Plan for Augmentation, along with releases to be made from Stagecoach Reservoir and other sources of augmentation water described herein. Statement of Plan for Augmentation, Including Appropriative Rights of Exchange: Structures to be Augmented: For purposes of this Plan, the District’s “Water Supply Program” shall mean the operation of the contracts entered into by the District under this Plan and the provision of the augmentation water and operation of exchanges approved under the decree in this case, separate and apart from the prior and future issuance of water allotment contracts by the District outside of this Plan for Augmentation. The Plan for Augmentation will augment various wells, springs, surface rights, and storage ponds and reservoirs (only with respect to evaporation), when such points are authorized for diversion under the District’s Water Supply Program. All structures to be included in this Plan for Augmentation will be located in the District’s “Area A.” Area A is a region within the Yampa River basin upstream from the confluence of the Yampa River and Elkhead Creek, developed in cooperation with the Division 6 Engineer’s Office where use of the below-described District’s water rights can fully augment structures developed by District contractees. In other words, there are no calling water rights within the District’s Area A that would place a call or otherwise prohibit the use of the District’s water rights as a source of augmentation supply. For purposes of this Plan, all of the Yampa Basin upstream from the confluence of Elkhead Creek and the Yampa River and outside of Area A may hereinafter be referred to as “Area B.” The total maximum amount of augmentation water involved in and committed by the District to this plan for augmentation is 2,000 acre feet. The total rate of exchange necessary to support the Plan is 7.6 cfs. These amounts have been allocated to specific regions within Area A as described below. Sub Areas Within District Area A: For purposes of this Plan for Augmentation, the District has further divided its Area A into the following four sub-areas: A-1; Upper Yampa River Above Stagecoach Reservoir dam, A-2; Yampa River between Stagecoach Reservoir and the RICD structures immediately below the confluence of Soda Creek and the Yampa River within the City of Steamboat Springs, A-3; Yampa River between the said RICD structures within the City of Steamboat Springs and the confluence of the Yampa River with Trout Creek, and A-4; Yampa River between the confluence With Trout Creek and the confluence with Elkhead Creek. Each sub-area contains a portion of the Yampa River, and designated tributaries, in which the District will provide service under this Plan for Augmentation. These four sub-areas are described below: Area A-1: Upper Yampa River Above Stagecoach Reservoir Dam: Description: Area A-1 includes structures that will divert water from within that portion of Area A encompassing all areas tributary to the Yampa River and its tributaries in a stream reach extending from a downstream terminus at the outlet of Stagecoach Reservoir to an upstream terminus located immediately above the confluence of the Yampa River with the Bear River near the town of Yampa, a distance of approximately 14 miles. The downstream terminus at the outlet of Stagecoach Reservoir is located in Routt County on the Yampa River in the SW¼ SE¼, Section 29, Township 4 North, Range 84 West of the 6th P.M. The upstream terminus is located immediately above

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the confluence of the Yampa River and the Bear River in Routt County, in the SW¼ NW¼, Section 11, Township 2 North, Range 85 West of the 6th P.M. The boundaries of Area A-1 are depicted on the map that is being filed in the Court’s records in this case for review and inclusion as a part of this application, and copies of which may be obtained upon request from the Applicant’s counsel. The Public Land Survey System legal description of lands included within Area A-1 is shown on Exhibit 1 attached hereto and incorporated by this reference. Major tributaries to the Yampa River that are included within Area A-1 include: Middle Creek: from its confluence with Stagecoach Reservoir and the Yampa River in the SE¼ SE¼, Section 31, Township 4 North, Range 84 West of the 6th P.M., upstream to the headgate of the Howe Ditch located in the NE¼ NW¼, Section 7, Township 3 North, Range 84 West of the 6th P.M., including all areas tributary to Middle Creek and the Yampa River within this reach. That portion of Middle Creek and its tributaries above the headgate of the Howe Ditch are in Area B and not included within this Plan for Augmentation. Raspberry Creek: from its confluence with the Yampa River in the SW¼ NW¼, Section 2, Township 3 North, Range 85 West of the 6th P.M., upstream to the headgate of the C W Ditch located in the SW¼ SW¼, Section 2, Township 3 North, Range 85 West of the 6th P.M., including all areas tributary to Raspberry Creek and the Yampa River within this reach. That portion of Raspberry Creek and its tributaries above the headgate of the C W Ditch are in Area B and not included within this Plan for Augmentation. Whipple Creek: from its confluence with the Yampa River in the SW¼ SW¼, Section 16, Township 3 North, Range 85 West of the 6th P.M., upstream to the headgate of the Stark Irrigation Ditch located in the NW¼ SW¼, Section 22, Township 3 North, Range 85 West of the 6th P.M., including all areas tributary to Whipple Creek and the Yampa River within this reach. That portion of Whipple Creek and its tributaries above the headgate of the Stark Irrigation Ditch are in Area B and not included within this Plan for Augmentation. Lawson Creek: from its confluence with the Yampa River in the SE¼ NE¼, Section 28, Township 3 North, Range 85 West of the 6th P.M., upstream to the headgate of the Lawson Creek Ditch located in the NE¼ SE¼, Section 34, Township 3 North, Range 85 West of the 6th P.M., including all areas tributary to Lawson Creek and the Yampa River within this reach. That portion of Lawson Creek and its tributaries above the headgate of the Lawson Creek Ditch are in Area B and not included within this Plan for Augmentation. Bear River: from its confluence with the Yampa River in the SW¼ NW¼, Section 11, Township 2 North, Range 85 West of the 6th P.M., upstream to the point where the Bear River crosses the Medicine Bow-Routt National Forest Property Boundary in the NW¼ SW¼, Section 6, Township 10 North, Range 85 West of the 6th P.M., including all areas tributary to Bear River and the Yampa River within this reach, with the following exception above the Pat Lucas Ditch: Moore Park Creek: from its confluence with Bear River in the NE¼ NW¼, Section 28, Township 2 North, Range 85 West of the 6th P.M., upstream to the headgate of Pat Lucas Ditch located in the NW¼ NW¼, Section 28, Township 2 North, Range 85 West of the 6th P.M., including all areas tributary to Moore Park Creek and Bear River within this reach are located within Area A, but that portion of Moore Park Creek and its tributaries above the headgate of the Pat Lucas Ditch are in Area B and not included within this Plan for Augmentation. That portion of Bear River and its tributaries above the Medicine Bow-Routt National Forest property boundary are in Area B and not included within this Plan for Augmentation. Watson Creek: from its confluence with the Yampa River in the NW¼ SW¼, Section 34, Township 3 North, Range 85 West of the 6th P.M., upstream to the headgate of the Watson Creek Ditch located in the SW¼ NW¼, Section 3, Township 2 North, Range 85 West of the 6th P.M., including all areas tributary to Watson Creek and the Yampa River within this reach. That portion of Watson Creek and its tributaries above the headgate of the Watson Creek Ditch are in Area B and not included within this Plan for Augmentation. Meadowbrook Creek: from its confluence with the Yampa River in the NW¼ NE¼,

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Section 28, Township 3 North, Range 85 West of the 6th P.M., upstream to the headgate of the Meadowbrook D 3 Ditch located in the SW¼ NE¼, Section 28, Township 3 North, Range 85 West of the 6th P.M., including all areas tributary to Meadowbrook Creek and the Yampa River within this reach. That portion of Meadowbrook Creek and its tributaries above the headgate of the Meadowbrook D 3 Ditch are in Area B and not included within this Plan for Augmentation. Little White Snake Creek: from its confluence with the Yampa River in the SW¼ SW¼, Section 9, Township 3 North, Range 85 West of the 6th P.M., upstream to the headgate of the C R Brown Ditch located in the SE¼ SE¼, Section 7, Township 3 North, Range 85 West of the 6th P.M., including all areas tributary to Little White Snake Creek and the Yampa River within this reach. That portion of Little White Snake Creek and its tributaries above the headgate of the C R Brown Ditch are in Area B and not included within this Plan for Augmentation. Jack Creek: from its confluence with the Yampa River in the SW¼ NW¼, Section 2, Township 3 North, Range 85 West of the 6th P.M., upstream to its headwaters, including all areas tributary to Jack Creek and the Yampa River. Martin Creek: from its confluence with Stagecoach Reservoir and the Yampa River in the NE¼ SW¼, Section 30, Township 4 North, Range 84 West of the 6th P.M., upstream to the headgate of the Martin Ditch located in the NW¼ NE¼, Section 25, Township 4 North, Range 85 West of the 6th P.M., including all areas tributary to Martin Creek and the Yampa River within this reach. That portion of Martin Creek and its tributaries above the headgate of the Martin Ditch are in Area B and not included within this Plan for Augmentation. Little Morrison Creek: from its confluence with Stagecoach Reservoir and the Yampa River in the NW¼ SW¼, Section 32, Township 4 North, Range 84 West of the 6th P.M., upstream to its headwaters, including all areas tributary to Little Morrison Creek, the Yampa River, and all areas encompassed by the boundaries of the Morrison Creek Metropolitan Water and Sanitation District (MCMWSD). The MCMWSD boundaries are further described in Exhibit A (NOTE: Portions of land within the easterly part of MCMWSD are tributary to the Morrison Creek Watershed). Amount: The total amount of augmentation water available for Area A-1 is 920 acre feet. The rate of exchange is 3.5 CFS, conditional, for the entire Area A-1 and not to exceed 1.0 CFS within any one of the eleven (11) tributaries located within Area A-1. Area A-2: Yampa River Between Stagecoach Reservoir Dam and the RICD Structures Within the City of Steamboat Springs. Description: Area A-2 includes structures that will divert water from within that portion of Area A encompassing all areas tributary to the Yampa River and its tributaries in a stream reach extending from a downstream terminus at the “D-Hole” RICD structure of the City of Steamboat Springs’ RICD water right immediately below the confluence of the Yampa River with Soda Creek to an upstream terminus located at the outlet of Stagecoach Reservoir, a distance of approximately 23 miles. The downstream terminus, immediately below the confluence of the Yampa River and Soda Creek, is located in Routt County within the City of Steamboat Springs, Colorado, in the SW¼ SW¼, Section 8, Township 6 North, Range 84 West of the 6th P.M. The upstream terminus, the outlet of Stagecoach Reservoir, is located in Routt County on the Yampa River in the SW¼ SE¼, Section 29, Township 4 North, Range 84 West of the 6th P.M. The boundaries of Area A-2 are depicted on the map that is being filed in the Court’s records in this case for review and included as a part of this application, copies of which may be obtained upon request from the Applicant’s counsel. The Public Land Survey System legal description of lands included within Area A-2 is shown on Exhibit 1 attached hereto and incorporated by this reference. Major tributaries to the Yampa River that are included within Area A-2 include: Morrison Creek: from its confluence with the Yampa River in the NE¼ SW¼, Section 28, Township 4 North, Range 84 West of the 6th P.M., upstream to the headgate of the Morrison Creek Ditch 1 located in the SW¼ SE¼, Section 28, Township 4 North, Range 84 West of the 6th P.M., including all areas tributary to Morrison Creek and the Yampa River within this reach and all areas

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tributary to Morrison Creek and being within the boundaries of the Morrison Creek Metropolitan Water and Sanitation District.. That portion of Morrison Creek and its tributaries above the headgate of the Morrison Creek Ditch 1 and outside of the boundaries of the Morrison Creek Metropolitan Water and Sanitation District are in Area B and not included within this Plan for Augmentation. McKinnis Creek: from its confluence with the Yampa River in the NW¼ NE¼, Section 17, Township 5 North, Range 84 West of the 6th P.M., upstream to the headgate of the First Ditch located in the SE¼ NW¼, Section 15, Township 5 North, Range 84 West of the 6th P.M., including all areas tributary to McKinnis Creek and the Yampa River within this reach. That portion of McKinnis Creek and its tributaries above the headgate of the First Ditch are in Area B and not included within this Plan for Augmentation. Walton Creek: from its confluence with the Yampa River in the SE¼ NW¼, Section 28, Township 6 North, Range 84 West of the 6th P.M., upstream to the relocated headgate of the Excelsior Ditch located in the SE¼ SE¼, Section 33, Township 6 North, Range 84 West of the 6th P.M., including all areas tributary to Walton Creek and the Yampa River within this reach. That portion of Walton Creek and its tributaries above the relocated headgate of the Excelsior Ditch are in Area B and not included within this Plan for Augmentation. Butcherknife Creek: Butcherknife Creek from its confluence with the Yampa River in the NW1/4NE1/4, Section 17, Township 6 North, Range 84 West of the 6th P.M., upstream to its headwaters, including all areas tributary to Butcherknife Creek and the Yampa River. Soda Creek: from its confluence with the Yampa River in the SW¼ SW¼, Section 8, Township 6 North, Range 84 West of the 6th P.M., upstream to the National Forest boundary in Section 28, Township 7 North, Range 84 West of the 6th P.M., including all areas tributary to the Yampa River and Soda Creek within this reach, with the following exception above the Woodchuck Ditch: Gunn Creek: from its confluence with Soda Creek in the NE¼ NE¼, Section 32, Township 7 North, Range 84 West of the 6th P.M., upstream to the headgate of Woodchuck Ditch located in the SE¼ NW¼, Section 28, Township 7 North, Range 84 West of the 6th P.M., including all areas tributary to Gunn Creek and Soda Creek within this reach are located within Area A, but that portion of Gunn Creek and its tributaries above the headgate of the Woodchuck Ditch are in Area B and not included within this Plan for Augmentation. Agate Creek: from its confluence with the Yampa River in the SE¼ NE¼, Section 32, Township 6 North, Range 84 West of the 6th P.M., upstream to the headgate of the Agate Creek Ditch in the NW¼ SW¼, Section 32, Township 6 North, Range 84 West of the 6th P.M., including all areas tributary to Agate Creek and the Yampa River within this reach. That portion of Agate Creek and its tributaries above the headgate of the Agate Creek Ditch are in Area B and not included within this Plan for Augmentation. Oak Creek: from its confluence with the Yampa River in the NE¼ SW¼, Section 5, Township 5 North, Range 84 West of the 6th P.M., upstream to the headgate of the Lyon Ditch in the SW¼ SE¼, Section 18, Township 5 North, Range 84 West of the 6th P.M., including all areas tributary to Oak Creek and the Yampa River within this reach. That portion of Oak Creek and its tributaries above the headgate of the Lyon Ditch are in Area B and not included within this Plan for Augmentation. Grouse Creek: from its confluence with the Yampa River in the SW¼ SE¼, Section 17, Township 5 North, Range 84 West of the 6th P.M., upstream to the headgate of the Grouse Creek Ditch in the SE¼ SW¼, Section 36, Township 5 North, Range 85 West of the 6th P.M., including all areas tributary to Grouse Creek and the Yampa River within this reach. That portion of Grouse Creek and its tributaries above the headgate of the Grouse Creek Ditch are in Area B and not included within this Plan for Augmentation. Dry Creek: from its confluence with Catamount Lake and the Yampa River in the NE¼ NW¼, Section 33, Township 5 North, Range 84 West of the 6th P.M., upstream to its headwaters including all areas tributary to Dry Creek and the Yampa River. Amount: The total amount of augmentation water available for Area A-2 totals 800 acre feet. The rate of exchange is 3.0 CFS, conditional, for the entire

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Area A-2 and not to exceed 0.75 CFS within any one of the nine (9) tributaries located within Area A-2. This amount does not include the amount of exchange for Area A-1, which is upstream of and tributary to, Area A-2. Area A-3: Yampa River Between the RICD Structures Within the City of Steamboat Springs and the Confluence of the Yampa River with Trout Creek. Description: Area A-3 includes structures that will divert water from within that portion of Area A encompassing all areas tributary to the Yampa River and its tributaries, excluding the Elk River watershed, in a stream reach of approximately 12 miles extending from a downstream terminus at the confluence of the Yampa River with Trout Creek (and including Trout Creek and its tributaries) to an upstream terminus located at the confluence of the Yampa River with the RICD structures of the City of Steamboat Springs RICD immediately downstream from Soda Creek. The downstream terminus, the confluence of the Yampa River and Trout Creek, is located in Routt County in the NW¼ SE¼, Section 15, Township 6 North, Range 86 West of the 6th P.M. The upstream terminus, the confluence of the Yampa River and the RICD structures of the City of Steamboat Springs RICD immediately downstream of Soda Creek, is located in Routt County within the city of Steamboat Springs, Colorado, in the SW¼ SW¼, Section 8, Township 6 North, Range 84 West of the 6th P.M. The boundaries of Area A-3 are depicted on the map that is being filed in the Court’s records in this case for review and included as a part of this application, copies of which may be obtained upon request from the Applicant’s counsel. The Public Land Survey System legal description of lands included within Area A-3 is shown on Exhibit 1 attached hereto and incorporated by this reference. Major tributaries to the Yampa River that are included within Area A-3 include: Trout Creek: from its confluence with the Yampa River in the NW¼ SE¼, Section 15, Township 6 North, Range 86 West of the 6th P.M., upstream to the headgate of the Tempke Ditch located in the NE¼ NW¼, Section 25, Township 6 North, Range 86 West of the 6th P.M., including all areas tributary to Trout Creek and the Yampa River within this reach. That portion of Trout Creek and its tributaries above the headgate of the Tempke Ditch are in Area B and not included within this Plan for Augmentation. Cow Creek: from its confluence with the Yampa River in the SW¼ NW¼, Section 9, Township 6 North, Range 85 West of the 6th P.M., upstream to its headwaters, including all areas tributary to Cow Creek and the Yampa River. Slate Creek: from its confluence with the Yampa River in the NW¼ SW¼, Section 1, Township 6 North, Range 85 West of the 6th P.M., upstream to its headwaters, including all areas tributary to Slate Creek and the Yampa River. Amount: The total amount of augmentation water available for Area A-3 totals 120 acre feet. The rate of exchange is 0.5 CFS, conditional, for the entire Area A-3 and not to exceed 0.25 CFS within any one of the three (3) tributaries located within Area A-3. This amount does not include the amount of exchange for Area A-1 or Area A-2, both of which are upstream of and tributary to, Area A-3. Area A-4: Yampa River Between its Confluence with Trout Creek and its Confluence with Elkhead Creek. Description: Area A-4 includes structures that will divert water from within that portion of Area A encompassing all areas tributary to the Yampa River and its tributaries in a stream reach extending from a downstream terminus at the confluence of the Elkhead Creek (but excluding Elkhead Creek) with the Yampa River to an upstream terminus located at the confluence of the Yampa River with the Trout Creek (and excluding Trout Creek which is within Area A-3), a distance of approximately 34 miles. The downstream terminus, the confluence of the Elkhead Creek and the Yampa River, is located in Moffat County in the SW¼ NE¼, Section 36, Township 7 North, Range 90 West of the 6th P.M. The boundaries of Area A-3 are depicted on the map that is being filed in the Court’s records in this case for review and included as part of this application, copies of which may be obtained upon request from the Applicant’s counsel. The Public Land Survey System legal description of lands included within Area A-3 is shown on Exhibit 1 attached hereto and incorporated by this reference. The upstream terminus, the confluence of the

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Yampa River and Trout Creek, is located in Routt County in the NW¼ SE¼, Section 15, Township 6 North, Range 86 West of the 6th P.M. Major tributaries to the Yampa River that are included within Area A-5 include: Coal Bank Gulch: from its confluence with the Yampa River in the SW¼ SE¼, Section 4, Township 6 North, Range 88 West of the 6th P.M. upstream to its headwaters, including all areas tributary to Coal Bank Gulch and the Yampa River. Morgan Creek: from its confluence with the Yampa River in the SE¼ SE¼, Section 36, Township 7 North, Range 88 West of the 6th P.M. upstream to the headgate of the Morgan Creek Ditch 2 located in the SE¼ NW¼, Section 32, Township 8 North, Range 87 West of the 6th P.M., including all areas tributary to Morgan Creek and the Yampa River within this reach. That portion of Morgan Creek and its tributaries above the headgate of the Morgan Creek Ditch are in Area B and not included within this Plan for Augmentation. Goose Creek: from its confluence with the Yampa River in the SW¼ SW¼, Section 31, Township 7 North, Range 87 West of the 6th P.M. upstream to its headwaters, including all areas tributary to Goose Creek and the Yampa River. Wolf Creek: from its confluence with the Yampa River in the NE¼ SW¼, Section 15, Township 6 North, Range 87 West of the 6th P.M. upstream to the outlet of the Wolf Mountain Reservoir located in the NW¼ NE¼, Section 13, Township 7 North, Range 87 West of the 6th P.M., including all areas tributary to Wolf Creek and the Yampa River within this reach. That portion of Wolf Creek and its tributaries above the outlet of Wolf Mountain Reservoir are in Area B and not included within this Plan for Augmentation. Butcherknife Gulch: from its confluence with the Yampa River in the NW¼ NE¼, Section 13, Township 6 North, Range 87 West of the 6th P.M. upstream to its headwaters, including all areas tributary to Butcherknife Gulch and the Yampa River. Tow Creek: from its confluence with the Yampa River in the SE¼ NE¼, Section 17, Township 6 North, Range 86 West of the 6th P.M. upstream to the headgate of the Tow Creek Ditch 1 located in the NE¼ NW¼, Section 8, Township 6 North, Range 86 West of the 6th P.M., including all areas tributary to Tow Creek and the Yampa River within this reach. That portion of Tow Creek and its tributaries above the headgate of the Tow Creek Ditch 1 are in Area B and not included within this Plan for Augmentation. Cheney Creek: from its confluence with the Yampa River in the SE¼ NE¼, Section 16, Township 6 North, Range 86 West of the 6th P.M. upstream to the headgate of the Cheney Ditch located in the SE¼ SW¼, Section 10, Township 6 North, Range 86 West of the 6th P.M., including all areas tributary to Cheney Creek and the Yampa River within this reach. That portion of Cheney Creek and its tributaries above the headgate of the Cheney Ditch are in Area B and not included within this Plan for Augmentation. Coal View Gulch: from its confluence with the Yampa River in the NE¼ NE¼, Section 14, Township 6 North, Range 87 West of the 6th P.M. upstream to its headwaters, including all areas tributary to Coal View Gulch and the Yampa River. Grassy Creek: from its confluence with the Yampa River in the NE¼ NE¼, Section 16, Township 6 North, Range 87 West of the 6th P.M. upstream to its headwaters, including all areas tributary to Grassy Creek and the Yampa River. Sage Creek: from its confluence with the Yampa River in the NW¼ SW¼, Section 9, Township 6 North, Range 87 West of the 6th P.M. upstream to the outlet of the Sage Creek Reservoir located in the SE¼ SE¼, Section 35, Township 6 North, Range 88 West of the 6th P.M., including all areas tributary to Sage Creek and the Yampa River within this reach. That portion of Sage Creek and its tributaries above the outlet of Sage Creek Reservoir are in Area B and not included within this Plan for Augmentation. Dry Creek: from its confluence with the Yampa River in the NE¼ NE¼, Section 8, Township 6 North, Range 88 West of the 6th P.M. upstream to the headgate of the Dry Creek Diversion located in the SW¼ SE¼, Section 10, Township 6 North, Range 88 West of the 6th P.M., including all areas tributary to Dry Creek and the Yampa River within this reach. That portion of Dry Creek and its tributaries above the headgate of the Dry Creek Diversion are in Area B and not included within this Plan for Augmentation. Smuin Gulch: from its confluence with the Yampa River in

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the SW¼ SW¼, Section 7, Township 6 North, Range 88 West of the 6th P.M. upstream to the headgate of the Temple Diversion 1 located in the NW¼ NW¼, Section 18, Township 6 North, Range 88 West of the 6th P.M., including all areas tributary to Smuin Gulch and the Yampa River within this reach. That portion of Smuin Gulch and its tributaries above the headgate of the Temple Diversion 1 are in Area B and not included within this Plan for Augmentation. Amount: The total amount of augmentation water available for Area A-4 totals 160 acre feet. The rate of exchange is 0.6 CFS, conditional, for the entire Area A-4 and not to exceed 0.3 CFS within any one of the twelve (12) tributaries located within Area A-4. This amount does not include the amount of exchange for Area A-1, Area A-2 or Area A-3, all three of which are upstream of and tributary to, Area A-4. Water Rights to be Used for Augmentation: The District’s water rights in and to Yamcolo Reservoir, Stagecoach Reservoir, Little Morrison Diversion, Little Morrison Diversion Alternate Point, and the Morrison/Silver Creek/Stagecoach Pipeline are to be used for augmentation. The water rights set forth in paragraphs C(2)(a) through (l) below are decreed for diversion and/or storage in Stagecoach Reservoir and were changed to add and include as beneficial uses, appropriative rights of exchange and substitution, augmentation and exchange for replacement purposes, and other augmentation uses in Case No. 01-CW-41, District Court, Water Division No. 6. The water rights set forth in paragraphs C(2)(m) through (r) below are decreed for diversion and/or storage in Yamcolo Reservoir. These water rights are described in detail below: From Previous Decree: Four Counties Ditch No. 1 and No. 3: Priority Nos. 40 through 40-0, Water District No. 58, Civil Action No. 3538, Routt County District Court, Decree: March 30, 1964 amended September 8, 1970. Decreed Uses: Domestic, municipal irrigation, industrial, generation of electric power and energy, mining, recreation and all other beneficial uses. Legal Description: Four Counties Ditch No. 1, Headgate No. 6 (Priority No. 40A): 11 cfs out of Granite Creek at a point S 14°04’ East 24,498 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 1, Headgate No. 5 (Priority No. 40B): 10 cfs out of a Branch of Granite Creek at a point S 15°26’ East 22,560 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 1, Headgate No. 4 (Priority No. 40C): 50 cfs out of Fish Creek at a point S 21°22’ East 17,665 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 9 (Priority No. 40D): 35 cfs out of Hogan Creek at a point S 65°22’ East 15,450 feet to the NW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 8 (Priority No. 40E): 210 cfs of 260 cfs out of Long Park Creek at a point S 42°48’ East 9,195 feet to the NW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 7 (Priority No. 40F): 130 cfs out of Fishhook Creek at a point S 39°16’ East 8,555 feet to the NW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 6 (Priority No. 40G): 25 cfs out of Unnamed Creek No. 5 tributary to Fishhook Creek at a point S 83°38’ East 6,955 feet to the NW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 5 (Priority No. 40H): 20 cfs out of Unnamed Creek No. 4, tributary to Fishhook Creek, at a point N 86°30’ East 5,625 feet to the NW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 4 (Priority No. 40I): 15 cfs out of Unnamed Creek No. 3, tributary to Walton Creek, at a point N 87°30’ East 8,245 feet to the SW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 3 (Priority No. 40J): 20 cfs out of Unnamed Creek No. 2, tributary to Walton Creek, at a point N 23°04’ West 2,165 feet to the SW corner of Sec. 7, T5N, R82W, 6th P.M. Branch of Four Counties Ditch No. 3, Headgate No. 12 (Priority No. 40K): 35 cfs out of Unnamed Creek No. 7, tributary to Walton Creek, at a point N 84°30’ East 4,565 feet to the SW corner of Sec. 19, T5N, R82W, 6th P.M. Branch of Four Counties Ditch No. 3, Headgate No. 11 (Priority No. 40L): 25 cfs out of Unnamed Creek No. 6, tributary to Walton Creek, at a point S 47°12’ East 4,995 feet to the SW corner of Sec. 19, T5N, R82W, 6th P.M. Branch of Four Counties Ditch No. 3, Headgate No. 10 (Priority No. 40M): 15 cfs out of

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Walton Creek, at a point N 78°28’ East 2,155 feet to the NE corner of Sec. 19, T5N, R82W, 6th P.M. Four Counties Ditch No. 1 (Priority No. 40N): 30 cfs from surface and ground flows along Four Counties Ditch No. 1 in Water District 58, other than at points of diversion described in Priority Nos. 40 through 40C above, at or above 9,567 feet above sea level. Four Counties Ditch No. 3 and its Branch (Priority No. 40O): 125 cfs from surface and ground flows along Four Counties Ditch No. 3 in Water District 58, other than at points of diversion described in Priority Nos. 40D through 40M above, at or above 9,567 feet above sea level. Four Counties Ditch No. 3, Enlargement and Extension: Priority Nos. 45 through 45M, Water District 58, Civil Action 3926, Routt County District Court, Decree: May 30, 1972. Use: Domestic, municipal and power. Legal Descriptions: Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 9 (Priority No. 45): 6 cfs out of Hogan Creek at a point N 82°00’E 14,160 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 13 (Priority No. 45A): 6 cfs out of an unnamed tributary of Walton Creek at a point N 82°58’E 17,850 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 14 (Priority No. 45B): 49 cfs out of Storm King Creek at a point S 83°25’E 22,850 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 15 (Priority No. 45C): 14 cfs out of Beaver Creek at a point S 86°32’E 26,510 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 16 (Priority No. 45D): 70 cfs out of an unnamed tributary of Walton Creek at a point S 61°02’W 589 feet to the NE corner of Sec. 26, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 17 (Priority No. 45E): 52 cfs out of an unnamed tributary of Fish Creek at a point S 68°26’E 24,640 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 18 (Priority No. 45F): 30 cfs out of an unnamed tributary of Fish Creek at a point S 59°00’E 20,570 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 19 (Priority No. 45G): 70 cfs out of Fish Creek at a point S 37°03’E 18,800 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 20 (Priority No. 45H): 130 cfs out of the Middle Fork of Fish Creek at a point N 36°02’E 27,260 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 21 (Priority No. 45I): 12 cfs out of an unnamed tributary of the Middle Fork of Fish Creek at a point S 33°25’E 26,910 feet to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 22 (Priority No. 45J): 75 cfs out of Harrison Creek at a point S 65°25’E 4,610 feet to the SW corner of Sec. 31, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension, Headgate No. 23 (Priority No. 45K): 50 cfs out of an unnamed tributary of Harrison Creek at a point N 65°25’E 6,045 feet to the SW corner of Sec. 31, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enlargement and Extension (Priority No. 45L): 138 cfs from surface and ground flows along Four Counties Ditch No. 3, Enlargement and Extension, from Headgate No. 9 to Headgate No. 21 in Water District 58, other than at points of diversion described in decrees for Headgates No. 9 through 21 at or above 9,567 feet above sea level. Four Counties Ditch No. 3, Enlargement and Extension (Priority No. 45M): 162 cfs from surface and ground flows along Four Counties Ditch No. 3, Enlargement and Extension, in Water District 58, between Rabbit Ears Reservoir and Headgate No. 23, other than at points of diversion described in decrees for Headgates No. 22 through 23 at or above 9,500 feet above sea level. Bear Reservoir: 11,614.2 acre feet, Priority Date September 30, 1961, Priority No. 52A in Water District No. 58, Civil Action No. 3538, Routt County District Court, Decree: March 30, 1964, amended November 4, 1968. Source: Yampa River and tributaries. Use: Irrigation, stock, domestic, municipal, industrial, piscatorial

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and recreational. Point of Diversion: At a point on the right abutment of dam from said reservoir whence the W1/4 corner Sec. 32, T4N, R84W 6th P.M. bears S 47°35’ W at a distance of 4,633 feet. Location: SE1/4 Section 29, T4N, R84W, 6th P.M. Bear Reservoir Enlargement: 22,105.8 acre feet, Priority Date October 21, 1971, Decree entered in Case No. W-414-72, Water Division No. 6 on October 29, 1973. Source: Yampa River and tributaries. Use: Water storage. Legal Description: The dam is located in the SW1/4SE1/4, Sec. 29, T4N, R84W, 6th P.M. The reservoir will inundate portions of Sections 29, 30, 31, T4N, R84W, portions of Sec. 36 T4N, R85W, and portions of Sec. 1, T3N, R85W, 6th P.M. The southern terminus of the dam embankment at the right abutment is located 269.15 feet N 77°57’ E of the S1/4 corner of Section 29. The centerline of the dam bears N 18°30’ E from said southern terminus at the right abutment a distance of 800 feet. All bearings are referenced to the S line of Sec. 29 which bears N 87°14’59” W. Pleasant Valley Reservoir: 40,720 acre feet out of 43,220 acre feet conditionally decreed, Priority Date: June 29, 1959, Priority No. 39A, Water District No. 58, Civil Action 3926, Routt County District Court, as modified by decree and entered in Case No. W0-946-76, Water Division No. 6 granting alternate places of storage. Source: Yampa River tributaries. Use: Irrigation, domestic, stock watering, municipal, industrial and power. Location: Alternate points of diversion are located as follows: Alternate Storage Location No. 1: Woodchuck Reservoir: The intersection of the centerline axis of said dam and the left abutment thereof being located at a point whence the SW corner of Sec. 30, T4N, R84W, 6th P.M., bears S 66°30’ W a distance of 16.660 feet. Alternate Storage Location No. 2: Yamcolo Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a point whence the E1/4 corner of Sec. 16, T1N, R86W, 6th P.M., bears N 41°53’ E a distance of 873 feet. Alternate Storage Location No. 3: Bear Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a point whence the W1/4 corner of Sec. 32, T4N, R84W, 6th P.M., bears S 47°35’ W a distance of 4633 feet. Pleasant Valley Feeder Canal: 300 cfs, Priority Date: June 29, 1959, Priority No. 39, Water District No. 58, Civil Action 3926, Routt County District Court, as modified by decree and entered in Case No. W-946-76, Water Division No. 6 granting alternate places of storage. Source: Walton Creek and McKinnis Creek. Use: Not specified. Location: Alternate points of diversion are located as follows: Alternate Storage Location No. 1: Woodchuck Reservoir: The intersection of the centerline axis of said dam and the left abutment thereof being located at a point whence the SW corner of Sec. 30, T4N, R84W, 6th P.M., bears S 66°30’ W a distance of 16,600 feet. Alternate Storage Location No. 2: Yamcolo Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a point whence the E1/4 corner of Sec. 16, T1N, R86W, 6th P.M., bears N 41°53’ E a distance of 873 feet. Alternate Storage Location No. 3: Bear Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a point whence the W1/4 corner of Sec. 32, T4N, R84W, 6th P.M., bears S 47°35’ W a distance of 4633.0 feet. Yellow Jacket Ditch: Decree: Date Entered: 09/22/1892. Court No.: (60) 64. Admin. No.: 14175.00000. Court: Water Court, Water Division 6. Date Entered: 09/14/1946. Court No.: 321B. Admin. No.: 33782.25353 Court: Water Court, Water Division 6. Decreed Point of Diversion: Yampa River at Stream Mile 220.32; NE NW, Section 31, T4N. R84W, of the 6th P.M., Routt County, Colorado. Source: Yampa River Appropriation Date and Amount: Appropriation Date: 10/22/1888. Amount: 2.0 c.f.s. Appropriate Date: 06/01/1919. Amount: 4.0 c.f.s. Historic Use: Irrigation of 90 acres. Union Ditch: Decree: Date Entered: 09/22/1892 Court No.: (77) 86 Admin. No.: 14563.00000 Court: Water Court, Water Division 6 Date Entered: 09/14/1946 Court No.: 317F Admin. No.: 33782.24988 Court: Water Court, Water Division 6 Decreed Point of Diversion: Yampa River at Stream Mile 223.85; SW NE, Section 2, T3N. R85W, of the 6th P.M., Routt County, Colorado. Source:

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Yampa River. Appropriation Date and Amount: Appropriation Date: 11/14/1889 Amount: 7.0 c.f.s. Appropriate Date: 06/01/1918 Amount: 2.0 c.f.s. Historic Use: Irrigation of 254 acres. Change of use to include irrigation for wetland development and maintenance, water supply for water fowl ponds and recreation and change of place of use – Water Division 6, Case No. 89CW16. Little Chief Ditch: Decree: Date Entered: 09/20/1906 Court No.: 175 Admin. No.: 20450.19968 Court: Water Court, Water Division 6 Date Entered: 09/14/1946 Court No.: 318B Admin. No.: 33782.25353 Court: Water Court, Water Division 6 Decreed Point of Diversion: Little Morrison Creek at Stream Mile 219.90; NE NE, Section 31, T4N, R84W, of the 6th P.M., Routt County, Colorado. Source: Little Morrison Creek, a tributary of the Yampa River. Appropriation Date and Amount: Appropriation Date: 09/02/1904 Amount: 6700 c.f.s. Appropriate Date: 06/01/1919 Amount: 1.3300 c.f.s. Historic Use: Irrigation of 24 acres. Little Morrison Diversion and Little Morrison Diversion Alternate Point: Decreed Point of Diversion: Little Morrison Diversion - SE¼ SW¼ of Section 14, Township 3 North, Range 84 West of the 6th P.M. at a point 400 feet from the South line and 1,500 feet from the West line of Section 14. Little Morrison Diversion, Alternate Point - N½ NE¼ NW¼ of Section 23, Township 3 North, Range 84 West of the 6th P.M., 300 feet south of the North section line of said Section 23 and 1,950 feet east of the West section line of said Section 23. Source: Morrison Creek, Tributary of Yampa River. Appropriation Date: December 30, 1994 Amount Claimed: 50 c.f.s. conditional, at either point of diversion, or combined at both points of diversion. Use: Municipal, industrial, domestic, irrigation, stock watering, power production, recreational, fishery and aesthetic purposes, and for use by exchange or for augmentation purposes, including diversion into Little Morrison Creek for such uses and for storage in Stagecoach Reservoir for such uses, including later releases from storage for such uses. Stagecoach Reservoir, Second Filling: Decreed Place of Storage: Stagecoach Reservoir; the right abutment of the dam for said Reservoir, whence the West ¼ corner of Section 32, T4N. R84W of the 6th P.M. bears South 47°35’ West a distance of 4,633 feet. Source: Yampa River Date of Initiation of Appropriation: March 1, 1996; Applicant first diverted and stored water to refill Stagecoach Reservoir in 1996. How Appropriation was Initiated: Applicant diverted and stored refill water in Stagecoach Reservoir. Amount Claimed: Applicant diverted and stored 6,670 acre feet in 1996 of refill water in Stagecoach Reservoir for the beneficial uses described below. Use: Municipal, industrial, domestic, irrigation, stock watering, power production, recreational, fishery and aesthetic purposes, and for use by exchange or for augmentation purposes. Morrison/Silver Creek/Stagecoach Pipeline: Decreed Point of Diversion: Located in the SE¼ NE¼, Section 10, Township 3 North, Range 84 West of the 6th P.M. at a point 2,667.1 feet from the South section line and 128.0 feet from the East section line. Source: Silver Creek and Morrison Creek, tributaries to the Yampa River. Date of Appropriation: April 3, 2003 Amount: 50 cfs Conditional Decreed Uses: Legal description of acreage: All lands currently irrigated in the Colorado and Yampa River basins under diversions out of Yamcolo Reservoir through the Stillwater Ditch. Diversions under the water right sought in this application may firm up the existing yield in Stagecoach Reservoir, and may also be used to fill an expansion of Stagecoach Reservoir, and in either case such water may therefore be or become used by exchange to Yamcolo Reservoir and released for such irrigation and stockwater uses. Such water may also be used by augmentation plans for irrigation of lawns and landscaping in residential and commercial development downstream from Stagecoach Reservoir that obtain water allotment contracts from the Applicant. All uses associated with operation of Stagecoach Reservoir and for which water may be stored and used from Stagecoach Reservoir, including uses for irrigation and stock watering by exchange to Yamcolo Reservoir. Yamcolo Reservoir Decreed Amount: 6,531.9 acre feet Adjudication Date: March 30, 1964, amended November 4, 1968. Case No.: Civil Action No. 3538 Priority Date: February 26, 1963 Source: Yampa

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River and Coal Creek. Use: Storage, irrigation, domestic and manufacturing. Point of Diversion: Yamcolo Reservoir. The centerline axis of the dam intersects the left abutment at a point whence the E1/4 corner of Section 16, T1N, R86W, 6th P.M., bears S 63°47’20” E at a distance of 2355.2 feet. Pleasant Valley Reservoir: Decreed Amount: 2,500 acre-feet, absolute Adjudication Date: May 26, 1983 Case No.: 82-CW-210 Priority Date: June 29, 1959 Use: Irrigation, domestic, stock watering, municipal, industrial and power. Point of Diversion: Yamcolo Reservoir. The centerline axis of the dam intersects the left abutment at a point whence the E1/4 corner of Section 16, T1N, R86W, 6th P.M., bears S 63°47’20” E at a distance of 2355.2 feet. Yamcolo Reservoir, First Enlargement Decreed Amount: 1,000 acre feet Adjudication Date: March 6, 1981 Case No.: Case No. 80CW175 Priority Date: September 4, 1951 Source: Yampa River and Coal Creek. Use: Water storage, irrigation, domestic, industrial, and all other beneficial uses. Point of Diversion: Yamcolo Reservoir. The centerline axis of the dam intersects the left abutment at a point whence the E1/4 corner of Section 16, T1N, R86W, 6th P.M., bears S 63°47’20” E at a distance of 2355.2 feet. Yamcolo Reservoir, Second Enlargement: Decreed Amount: 525 acre feet. Adjudication Date: December 31, 1989 Case No.: 89CW139 Priority Date: September 6, 1988. Source: Bear River and Coal Creek. Use: Municipal, domestic, industrial, fish propagation, recreation, irrigation and the right to the use, reuse and successive use of the water. Point of Diversion: Yamcolo Reservoir. The centerline axis of the dam intersects the left abutment at a point whence the E1/4 corner of Section 16, T1N, R86W, 6th P.M., bears S 63°47’20” E at a distance of 2355.2 feet. Yamcolo Reservoir, Second Filling. Decreed Amount: 8,000 acre feet. Adjudication Date: February 28, 1983. Case No.: 81CW263. Priority Date: February 27, 1981. Source: Bear River and Coal Creek. Use: Irrigation, stock watering and domestic. Point of Diversion: Yamcolo Reservoir. The centerline axis of the dam intersects the left abutment at a point whence the E1/4 corner of Section 16, T1N, R86W, 6th P.M., bears S 63°47’20” E at a distance of 2355.2 feet. Coal Creek Diversion. Decreed Amount: 100 cfs. Adjudication Date: July 12, 2004. Case No.: 03CW58. Priority Date: August 6, 2003. Source: Coal Creek. Use: Municipal, industrial, domestic, irrigation, stock watering, power production, recreational, fishery, reservoir evaporation, and aesthetic purposes, and for use by exchange, for appropriative rights of exchange and substitution, and for augmentation and exchange for replacement purposes, including diversion from Coal Creek for such uses and for storage in Yamcolo Reservoir for such uses, including later releases from storage for such uses. Point of Diversion: 2200 feet West of the East line and 400 feet South of the North line of Section 16, T1N, R86W of the 6th P.M. Statement of Plan for Augmentation, Including Appropriative Right of Exchange. The District requests approval of a Plan for Augmentation to augment out-of-priority depletions associated with diversion structures located within the District’s Service Area A as shown on the maps filed with this application. The depletions associated with the various diversion structures will be determined based on assumptions, methods and calculations commonly used and accepted in the water resource engineering profession in the State of Colorado. A summary of the engineering assumptions that will be used to determine the augmentation requirements under this Plan for Augmentation are outlined below. Domestic In-House Use: Diversions associated with domestic in-house use will be calculated according to the following schedule: Single family home = 3.5 persons @ 100 GPCD (gallons/capita/day) = 350 gallons per day = 1 Equivalent Residential Unit (EQR) Apartments = 0.75/EQR unit. Mobile Homes = 0.75/EQR unit. A substantial portion of in-house diversions will return to the stream system following wastewater treatment. The consumptive use, expressed as a percent of diversions, is assumed to be as follows: Central treatment system = 5.0 percent. Septic tank/leachfield system = 10.0 percent. Evaporative system = 100.0 percent. Commercial Use: Commercial uses will be calculated on a case-by-case basis using specific water use data, when

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available. If specific water use data is not available, EQR ratings based on the type and size of commercial facility will be used. Some examples of commercial EQR ratings are included below: Office = 0.60 EQR/1,000 S.F. Warehouse = 0.30 EQR/1,000 S.F. Retail Sales = 0.60 EQR/1,000 S.F. Irrigation Water Use: Evapotranspiration Calculation Inputs - Climatic Data: While methods for calculating evapotranspiration vary, each method requires that the user input site specific temperature and precipitation data. In order to provide a standardized methodology that will provide site specific data for calculating evapotranspiration, the PRISM Model (Parameter-elevation Regressions on Independent Slopes Model) was used to calculate the average monthly temperature and precipitation values. The PRISM Model uses point data (i.e. weather station data), digital elevation data and other spatial data to generate estimates of monthly climatic parameters like temperature and precipitation. Evapotranspiration Calculation Methodology: The generally accepted methodology of calculating evapotranspiration varies by crop type. The State of Colorado, Division of Water Resources (DWR) recommends that, for bluegrass, consumptive use is most accurately calculated using the Blaney Criddle Method, as Modified by Pochop. This method will be used in calculating bluegrass consumptive use for proposed contracts. It uses the Modified Blaney Criddle Method, as outlined by the Soil Conservation Service in Technical Release No. 21. The consumptive use coefficients and altitude correction factors were taken from the Pochop, Borrelli and Burman Paper titled “Elevation – A Bias Error in SCS Blaney Criddle Estimates” (ASAE, 1984). This methodology requires the user to input data regarding the temperature and precipitation regimes, and elevation, of the irrigated land. The PRISM Model was used to evaluate average temperature in the area of interest. This data was used to identify the beginning and end of the growing season. For the purposes of calculating augmentation requirements, bluegrass will be assumed to start growing, and requiring irrigation, when mean daily temperatures exceed 45° Fahrenheit. The PRISM model will also be used to determine average monthly precipitation for the land proposed for irrigation by the proposed contractee. The DWR’s recommended methodology for calculating consumptive use for pasture grass and alfalfa relies on procedures outlined in the Soil Conservation Service’s Technical Release No. 21 (T.R. No. 21). The DWR also recommends modifying the T.R. No. 21 calculations using a crop’s elevation based on ASCE Manual and Report No. 70 (1990). Consumptive use will be calculated using these methods in combination with local climatic data from the PRISM Model. The most common crop types that will be considered for potential contracts are bluegrass, pasture grass and alfalfa. If a non-traditional crop type is proposed, consumptive use will be calculated using a methodology generally accepted by the DWR that incorporates growth coefficients specific to that crop. The PRISM data will be used as the source of local climatic data for these calculations. Diversion Rate: Once the crop and/or lawn consumptive use is determined, total diversion requirements will be calculated based upon expected application rates for the different irrigation methods. The application rate for sprinkler irrigation was assumed to be 1.25 times the C.U. rate (80% efficient) and the application rate for flood irrigation was assumed to be 3.33 times the C.U. rate (30% efficient). Surface Evaporation: Annual surface evaporation for proposed contracts will be calculated according to the following methodology. Gross annual evaporation will be calculated using NOAA Technical Report NWS 33, Evaporation for the Contiguous 48 United States, using the isopleths of annual shallow lake evaporation for the State of Colorado. The gross annual evaporation was distributed on a monthly basis according to the General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits Submitted to the State Engineer Pursuant to Sb-120 & Sb93-260. For the purposes of augmentation, evaporation is assumed to occur only when the average daily temperature is greater than 32° Fahrenheit. Thus, monthly evaporation will be modified according to average monthly temperatures calculated by the PRISM Model. The PRISM Model is discussed in the Irrigation Water

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Use section (§ II.D.2.c.(1)). The potential for adjusting gross evaporation for effective precipitation will be considered on a case-by-case basis. This is required by State Policy No. 2004-3 which states that no effective precipitation credit shall be allowed to offset evaporative losses occurring as a result of reservoirs and ponds constructed outside the streambed. If effective precipitation can be considered, it will be based on average monthly precipitation calculated using the PRISM Model. Livestock Water Use. Livestock requires approximately 11 gallons of water per day per head. This water use will be considered 100 percent consumptive. Delayed Depletions: The District will account for delayed depletions with respect to any wells that will be authorized for diversion under this Plan for Augmentation. Stream depletions resulting from well pumping are both lagged and attenuated. The lag time and magnitude of attenuation is a function of a well’s distance from the stream and the aquifer characteristics. The stream depletions from some wells are expected to be delayed significantly, but the depletions may be reasonably expected to reach a steady state. Other wells will be completed in alluvial formations close to the Yampa River and will have little or no delayed impact. In order to replace out-of-priority depletions in time and amount, delayed depletion factors have been developed using the Glover well pumping depletion model. The depletion factors have been developed for alluvial and bedrock aquifers and for three geographic bands, based on distance from the stream. The bands are described as follows: Band #1: 100 to 750 feet from the stream, Band #2: 751 to 1750 feet from the stream and, Band #3 More than 1750 feet from the stream. For wells located within 100 feet of a stream the depletions are assumed to occur with the same monthly distribution pattern as the pumping. To determine appropriate stream depletion factors for each of the three bands, a series of Glover analyses were conducted. Wells in both bedrock aquifers and alluvial aquifers were evaluated for locations 500, 1000 and 2500 feet from a stream. Table 1 summarizes the results of the analyses. Table 1 Monthly Lagged Stream Depletion Factors For Alluvial and Bedrock Wells

Depletion - Bedrock Wells S=.01, T=500 gpd/ft

Depletion - Alluvial Wells S=.1, T=10,000 gpd/ft

Month d = 500' use for: 100' - 750'

d = 1000' use for: 750'-1750'

d = 2500' use for > 1750'

d = 500' use for: 100' - 750'

D = 1000' use for: 750'-1750'

d = 2500' use for > 1750'

1 26.4% 7.5% 7.1% 39.9% 14.8% 5.7%

2 30.3% 20.2% 7.0% 28.6% 27.7% 8.0%

3 12.0% 16.1% 8.0% 9.1% 14.8% 11.2%

4 7.2% 11.5% 9.0% 5.3% 9.5% 11.4%

5 5.2% 8.9% 9.5% 3.7% 7.0% 10.6%

6 4.0% 7.3% 9.5% 2.9% 5.5% 9.6%

7 3.3% 6.2% 9.2% 2.4% 4.6% 8.7%

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8 2.8% 5.4% 8.9% 2.0% 4.0% 8.0%

9 2.5% 4.8% 8.5% 1.8% 3.5% 7.4%

10 2.2% 4.3% 8.1% 1.6% 3.1% 6.8%

11 2.0% 4.0% 7.8% 1.4% 2.9% 6.4%

12 1.9% 3.7% 7.4% 1.3% 2.6% 6.0%

Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% a. The depletion factors are assumed to apply to both well pumping diversions and to return

flows. Thus, for determining the timing and amount of augmentation storage releases the depletion factors are applied to calculated depletions.

Non-Delayed Depletions: Diversions from springs or surface diversions from creeks or rivers or diversions from alluvial aquifers within 100 feet of the stream are assumed to have no delayed depletion impact. Using water data compiled by contract allottees, the District will account annually for the diversions and depletions under the subject Plan for Augmentation to the Division of Water Resources, as required by the Division Engineer to administer the District’s augmentation program. The District will ensure that the total out-of-priority depletions under the subject plan for augmentation will not exceed the replacement water available to the District. The substituted water will be of a quality and quantity so as to meet with requirements for which the water diverted by senior appropriators has normally been used. The District seeks rights of appropriative exchange to the extent that any augmentation replacement is introduced to the river system at a point downstream of the authorized points of diversion to be augmented under this Plan. The exchange will allow District contractees to continue diversion at their respective points of diversion during an administrative water rights call. The District will augment its contractees’ out-of-priority depletions with its water rights in and to Stagecoach Reservoir, Yamcolo Reservoir, Little Morrison Diversion, Little Morrison Diversion and Alternate Point and Morrison/Silver Creek/ Stagecoach Pipeline. The four sub-areas of Area A defined above in Section II will each have a unique exchange regime, as more fully described below. Area A-1 Upper Yampa River Above Stagecoach Reservoir Dam: The exchanges requested herein are to serve the consumptive use amounts associated with diversions by District contractees within Area A-1. The rate of exchange is 3.5 CFS, conditional, for the entire Area A-1 and not to exceed 1.0 CFS within any one of the eleven (11) tributaries located within Area A-1 (as described in detail in Section II.B.2). The date of appropriation for the exchange is May 21, 2004, the date that the District’s Board of Directors declared their intent to decree the Plan for Augmentation. The adjudication date claimed for these appropriative exchanges is December 31, 2006, per CRS §37-92-306. The exchange reach associated with Area A-1 extends from the outlet of Stagecoach Reservoir upstream to the uppermost boundaries of Area A-1, as more fully described in Section II.B.2. Area A-2 Yampa River Between Stagecoach Reservoir Dam and the RICD Structures Within the City of Steamboat Springs: The exchanges requested herein are to serve the consumptive use amounts associated with diversions by District contractees within Area A-2. The rate of exchange is 3.0 CFS, conditional, for the entire Area A-2 and not to exceed 0.75 CFS within any one of the nine (9) tributaries located within Area A-2 (as described in detail in Section II.B.3). This amount does not include the amount of exchange for Area A-1, which is upstream of and tributary to, Area A-2. The date of appropriation for the exchange is May 21, 2004, the date that the District’s Board of Directors declared their intent to decree the Plan for Augmentation. The adjudication date claimed

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for these appropriative exchanges is December 31, 2006, per CRS §37-92-306. The exchange reach associated with Area A-2 extends from the RICD structures of the City of Steamboat Springs RICD decree immediately downstream from the confluence of Soda Creek and the Yampa River at Steamboat Springs upstream to the outlet of Stagecoach Reservoir. Furthermore, Area A-2 includes all tributaries to the Yampa River in this reach extending to the uppermost boundaries of Area A. The area served by the exchange is fully described in Section II.B.3. Area A-3 Yampa River Between the RICD Structures of the City of Steamboat Springs and its Confluence with Trout Creek: The exchanges requested herein are to serve the consumptive use amounts associated with diversions by District contractees within Area A-3. The rate of exchange is 0.5 CFS, conditional, for the entire Area A-3 and not to exceed 0.25 CFS within any one of the three (3) tributaries located within Area A-3 (as described in detail in Section II.B.4). This amount does not include the amount of exchange for Area A-1 or Area A-2, both of which are upstream of and tributary to, Area A-3. The date of appropriation for the exchange is May 21, 2004, the date that the District’s Board of Directors declared their intent to decree the Plan for Augmentation. The adjudication date claimed for these appropriative exchanges is December 31, 2006, per CRS §37-92-306. The exchange reach associated with Area A-3 extends from the confluence of Trout Creek and the Yampa River upstream to the City of Steamboat Springs RICD structures immediately below the confluence of Soda Creek and the Yampa River, excluding the Elk River and all of its tributaries. Furthermore, Area A-3 includes all tributaries to the Yampa River (including tributaries of Trout Creek) in this reach extending to the uppermost boundaries of Area A. The area served by the exchange is fully described in Section II.B.4. Area A-4 Yampa River Between its Confluence with Trout Creek and its Confluence with Elkhead Creek: The exchanges requested herein are to serve the consumptive use amounts associated with diversions by District contractees within Area A-4. The rate of exchange is 0.6 CFS, conditional, for the entire Area A-4 and not to exceed 0.3 CFS within any one of the twelve (12) tributaries located within Area A-4 (as described in detail in Section II.B.5). This amount does not include the amount of exchange for Area A-1, Area A-2 or Area A-3, all three of which are upstream of and tributary to, Area A-4. The date of appropriation for the exchange is May 21, 2004, the date that the District’s Board of Directors declared their intent to decree the Plan for Augmentation. The adjudication date claimed for these appropriative exchanges is December 31, 2006, per CRS §37-92-306. The exchange reach associated with Area A-4 includes the Yampa River from a point immediately above its confluence with Elkhead Creek upstream to a point immediately downstream from its confluence with Trout Creek. Furthermore, Area A-4 includes all tributaries to the Yampa River in this reach extending to the uppermost boundaries of Area A. The area served by the exchange is fully described in Section II.B.5. An appropriate transit loss for augmentation releases from the District’s water rights will be determined and assessed. Names and Addresses of Owners or Reputed Owners of Land Upon Which Augmentation Structures are Located: Four Counties Ditch No. 1 and No. 3, Four Counties Ditch No. 3 Enlargement and Extension, Bear Reservoir, Bear Reservoir Enlargement, Pleasant Valley Reservoir, Pleasant Valley Feeder Canal, Yellow Jacket Ditch, Union Ditch, Little Chief Ditch, Little Morrison Diversion, Little Morrison Diversion Alternate Point, Stagecoach Reservoir Second Filling: USDA Forest Service, Medicine Bow-Routt National Forests, Thunder Basin National Grassland, 2468 Jackson Street, Laramie, WY 82070, Upper Yampa Water Conservancy District, P.O. Box 880339, Steamboat Springs, CO 80488. Yamcolo Reservoir, Yamcolo Reservoir, First Enlargement, Yamcolo Reservoir, Second Enlargement, Yamcolo Reservoir, Second Filling: USDA Forest Service, Medicine Bow-Routt National Forests, Thunder Basin National Grassland, 2468 Jackson Street, Laramie, WY 82070. Coal Creek Diversion: USDA Forest Service, Medicine Bow-Routt National Forests, Thunder Basin National Grassland, 2468 Jackson Street, Laramie, WY 82070. Morrison/Silver Creek/Stagecoach Pipeline:

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Dequine Family, LLC., a Colorado Limited Liability Company, 22100 County (City) Road 16, Oak Creek, CO 80467. Little Morrison Creek Diversion and Alternate Point: James L. Noll, Box 32, Scott City, Kansas 67871; Brant and Brenda DeMuth, 17345 Bergis Farm Dr., Lake Oswego, OR 97034. 6. 06CW50 ROUTT COUNTY APPLICATION FOR STORAGE AND SURFACE WATER RIGHTS Applicant: Westland Holdings, Inc., c/o John Munn Associates, Inc., P.O. Box 773232, Steamboat Springs, CO 80477. (970) 879-3840. Please direct all pleadings to Applicant’s counsel, Weiss and Van Scoyk, LLP, at the address identified above. Map in Court File. This Application pertains to storage and surface water rights located on the property described in the attached Exhibit “A” (the “Property”), which is owned by Applicant. A Water Right Vicinity Map of the Property is attached hereto as Exhibit “B,” and by this reference incorporated herein, which depicts the locations of the water rights as described herein. WESTLAND POND NO. 1. STORAGE WATER RIGHTS. Name of Reservoir: Westland Pond No. 1. Name and Capacity of the Ditch Used to Fill the Pond: N/A. Legal Description: Located in the County of Routt; NE ¼ NE ¼ of Section 18, Township 9 North, Range 84 West, 6th PM, 880 feet from the North Section Line and 1010 feet from the East Section Line (see Exhibit B). Source: Unnamed tributary of the Elk River. Appropriation Information: Date of Appropriation: July 1, 1976. How Appropriation was initiated: Construction and use of the pond. Date Water Applied to Beneficial Use: July 1, 1976. Amount Claimed: 3.03 AF Absolute for recreation, aesthetics, and piscatorial uses and Conditional for augmentation use. Uses: Recreation, Aesthetic, Piscatorial, and Augmentation. Surface Area of High Waterline: 0.76 Acres. Maximum Height of Dam. Eight (8) feet. Length of Dam: 240 feet. Total Capacity of Pond: 3.03 AF (3.03 AF Dead Capacity, 0.0 AF Active). Owner will install new outlet facility or pump system to regulate pond for augmentation purposes. Name of Owner of the Land Upon Which the Structure Will be Located: The pond is located entirely on the Applicant’s property. WESTLAND POND NO. 2. STORAGE WATER RIGHTS. Name of Reservoir: Westland Pond No. 2. Legal Description of Reservoir: Located in the County of Routt; SE ¼ NE ¼ of Section 18, Township 9 North, Range 84 West, 6th PM; 1935 feet from North Section Line and 590 feet from East Section Line (see Exhibit B). Name and Capacity of the Ditch Used to Fill the Pond: Westland Pipeline No. 1. The pipeline will have a capacity of 0.5 cfs. Legal Description of Ditch Used to Fill Pond: Located in the SW ¼ NW ¼ of Section 17, Township 9 North, Range 84 West, 6th PM; 2510 feet from the North Section Line and 175 feet from the West Section Line (see Exhibit B). Source: Unnamed tributary of the Elk River. Appropriation Information: Date of Appropriation: July 7, 2006. How Appropriation was initiated: Field inspection and GPS survey of the storage pond. Date Water Applied to Beneficial Use: N/A. Amount Claimed: 1.0. AF Conditional for recreation, aesthetics, and piscatorial uses. Uses: Recreation, Aesthetic, Piscatorial, and Augmentation. Surface Area of High Waterline: 0.24 Acres. Maximum Height of Dam. Four (4) feet. Length of Dam: 50 feet. Total Capacity of Pond: 1.0 AF (0.0 AF Dead Capacity, 1.0 AF Active). Name of Owner of the Land Upon Which the Structure Will be Located: The pond is located entirely on the Applicant’s property. WESTLAND PIPELINE NO. 1. SURFACE WATER RIGHTS. Name and Capacity of Ditch: Westland Pipeline No. 1. This pipeline will have a capacity of approximately 0.5 cfs. Legal Description: Located in the SW ¼ NW ¼ of Section 17, Township 9 North, Range 84 West, 6th PM; 2510 feet from the North Section Line and 175 feet from the West Section Line. Source: Unnamed tributary of the Elk River. Appropriation Information: Date of Appropriation: July 7, 2006. How Appropriation was initiated: Field inspection and GPS survey of the storage pond. Date Water placed to beneficial Use: N/A. Amount Claimed: 0.5 cfs, Conditional. Uses: Irrigation, Stock, Recreation, Piscatorial, and augmentation. The water right will be used to fill

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and refill the Westland Pond No. 2 (see Exhibit B). If irrigation, complete the following: Number of acres historically irrigated: 0; proposed to be irrigated: 0.5. Legal description of acreage: Water will be used to irrigate 0.5 acres of landscape located in the SE1/4 NE1/4 of Section 18, Township 9 North, Range 84 West, 6th P.M. If non-irrigation, describe purpose fully. Water will be used to fill and refill the Westland Pond No. 2 when in priority as well as provide stock water, recreation, piscatorial and augmentation uses. Name of Owner of the Land Upon Which the Structure Will be Located: The structure is located entirely on the Applicant’s property. WESTLAND PIPELINE NO. 2. SURFACE WATER RIGHTS. Name and Capacity of Ditch: Westland Pipeline No. 2. This pipeline will have a capacity of approximately 1.0 cfs. Legal Description: Located in the SW ¼ NW ¼ of Section 17, Township 9 North, Range 84 West, 6th PM; 1640 feet from the North Section Line and 275 feet from the West Section Line. Source: Unnamed tributary of the Elk River. Appropriation Information: Date of Appropriation: July 7, 2006. How Appropriation was initiated: Field inspection and GPS survey of the storage pond. Date Water placed to beneficial Use: N/A. Amount Claimed: 1.0 cfs, Conditional. Uses: Irrigation. The proposed area to be irrigated consists of approximately 15.4 acres generally located in the NE ¼ NE ¼ of Section 18, Township 9 North, Range 84 West, 6th PM (see Exhibit B). Name of Owner of the Land Upon Which the Structure Will be Located: The structure is located entirely on the Applicant’s property. Applicant requests a Decree which Finds that all notice and jurisdictional requirements have been met, including, without limitation, as required under C.R.S. §37-92-302; Confirms and decrees the water rights as above described; Determines that the water rights claimed herein are part of the integrated water supply systems to serve the Property, and that diligence with respect to one component of the integrated water supply systems constitutes diligence with respect to the entirety of the systems; and Grants to Applicant such other relief as to the Court deems just and proper. 7. 06CW51 ROUTT COUNTY APPLICATION FOR SURFACE AND STORAGE WATER RIGHTS (CONDITIONAL) Applicant: Hansi Hagemeister Trust and The Martin Hagemeister Trust, as Tenants-in-Common, c/o Claire E. Sollars, P.O. Box 774525, Steamboat Springs, CO 80477 (970) 879-5003. Application for Surface and Storage Water Rights (Conditional). Names of Structures: Asparagus Spring and Asparagus Pond. Legal description of each point of diversion: Asparagus Spring is located in the NW4 NE4 of Section 27, Township 7 North, Range 85 West of the 6th P.M. at a point about 700 ft South of the North section line and about 1525 ft West of the East section line of said section, Routt County, Colorado. Legal description of location of dam: Asparagus Pond dam is located in the NW4 NE4 of Section 27, Township 7 North, Range 85 West of the 6th P.M. at a point about 625 ft South of the North section line and about 1350 ft West of the East section line of said section, Routt County, Colorado. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: N/A. Source: (tributary and river) Both structures: unnamed tributaries to Elk River, tributary to Yampa River. Appropriation and beneficial use: Dates of initiation of appropriation: Both structures: July 1, 1994. How appropriation was initiated: Both structures: Reconnaissance of property and irrigable acreage, physical inspection of spring and pond locations. Date water applied to beneficial use: N/A. Amount claimed: Asparagus Spring: 2.0 cfs (Conditional). Asparagus Pond: 5.0 AF (Conditional). If off-channel reservoir, rate of diversion in cfs for filling the reservoir: N/A. Proposed uses: Both structures: Fire fighting and fire protection, domestic, wildlife watering, livestock, aesthetic, recreation, irrigation. Asparagus Spring: Fill and refill Asparagus Pond. Asparagus Pond: Piscatorial and the right to fill and refill. If irrigation, complete the following: No historical or current irrigation. Applicant proposes to irrigate approximately twenty (20)

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acres. Legal description of acreage: N2 NE4 of Section 27, Township 7 North, Range 85 West of the 6th P.M. Applicant proposes to irrigate approximately 5 acres around and adjacent to the residence located in the northeast corner of Section 27 and approximately 15 acres located downstream of the structures. If non-irrigation, describe purpose fully. Applicant proposes to use both structures for fire fighting and fire protection, domestic, wildlife and livestock watering, and aesthetic and recreation (by creating water features at each site). Applicant plans to use Asparagus Spring to fill and refill Asparagus Pond. Applicant proposes to use Asparagus Pond for piscatorial and to fill and refill. Surface area of high water line: 0.55 acre. Maximum height of dam in feet: 10 ft. Length of dam in feet: 150 ft. Total capacity of reservoir in acre feet: 5.0 AF. Active capacity: 0. Dead storage: 5.0 AF. Name and address of owner of land on which points of diversion and place of uses are located: Same as Applicants. 8. 06CW52 ROUTT COUNTY APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION Applicant: D&S Development Group, LLC, a Colorado limited liability company, c/o Steven J. Bushong, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. Applicant seeks underground water rights for a well field to provide a centralized water supply for a small development on some or all of 427.38 acres located in Sections 9 and 10 of T7N, R85W of the 6th P.M., Routt County, Colorado, as depicted in the attached map (“Property”). (Map in Court file). Applicant further seeks water rights for ponds on the Property and approval of an augmentation plan. APPLICATION FOR UNDERGROUND WATER RIGHTS. Name of Structures: Douglas Well Field. A well field consisting of the Douglas Well No. 1, and such additional wells as are necessary to provide a water supply for a proposed development on the Property. Douglas Well No. 1. A component of the Douglas Well Field. Douglas Well No. 1. This existing well is located in the SE ¼ SE ¼ of Section 9, T7N, R85W of the 6th P.M., at a point 1067 feet west from the east line of said Section 9 and 1074 feet north of the south line of said section 9. The well was drilled under monitoring/observation well permit # 233249, issued in March, 2001. The legal description for any additional wells that make up the Douglas Well Field will be established when the rights are made absolute and/or in any decree resulting from this application to the extent wells are already drilled at that time. Applicant waives the 600 foot spacing rule as described in C.R.S. §37-90-137(2) for any wells that make up the Douglas Well Field and any other wells that may be located on the Property. Source and Depth: Source: The source for Douglas Well No. 1 and the Douglas Well Field is underground water that is tributary to the Fly Gulch drainage (aka Dry Gulch) and/or tributary to unnamed drainages on the Property, all tributary to the Elk River. The Elk River is a tributary of the Yampa River. Depth: Douglas Well No. 1 has been drilled to a depth of 320 feet. The depth of other wells in the Douglas Well Field will be based upon conditions encountered in drilling, but are expected to be similar in depth to the Douglas Well No. 1. Date of Appropriation: July 28, 2006, for both Douglas Well No. 1 and the Douglas Well Field, based upon the intent to appropriate and actions consistent with that intent including, but not limited to, entering into a purchase contract for the Property, and thereafter completing field work, engineering, survey and other work in preparation for this Water Court application. Amounts Claimed: A total cumulative diversion rate not to exceed 100 gpm, conditional, for all wells that make up the Douglas Well Field, including Douglas Well No. 1. The precise flow rate for each well that makes up the Douglas Well Field will depend upon information collected after each of the wells is drilled. Beneficial Uses: Domestic, commercial, irrigation, stock watering and equestrian use, piscatorial, decorative water features, aesthetic, wildlife, fire protection, construction, augmentation and exchange, and all other beneficial uses associated with a development on the Property. Irrigation

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under the Douglas Well Field is limited to the Property and will include lawns, gardens and landscaping located on lots that will be established on the Property, as well as any open space and/or common area irrigation on the Property. Irrigated land under the Well Field shall not exceed a total of 10 acres. The Douglas Well Field may also be used to fill or refill the Ponds described below, in which case the water will be put to the beneficial uses described at paragraph 14 below. Name and Address of the Owner of Land on Which the Structures are Located: All structures are located on the Property. Applicant currently has the Property under a firm purchase contract set for closing in January, 2007. The current owners are: Dean H. Look Trust, dated November 25, 2000, and Joan A. Look Trust, dated September 21, 2000, both at an address of 46455 Routt County Rd 129, Steamboat Springs, CO 80477; Viola M. Look, 629 Pine Street, Steamboat Springs, CO 80477; and David F. Jones and Shirley L. Jones, 2076 40th Avenue, Greeley, CO 80634. Remarks. The Douglas Well Field will, in part, be connected to a centralized water system to provide a water supply to individual lots. To the extent Applicant decides that a centralized water system is not appropriate for any lots, Applicant reserves the right to use individual wells on such lots under the exemptions set forth in C.R.S. § 37-92-602 and/or by separate Water Court application(s). APPLICATION FOR WATER RIGHTS (STORAGE) Name of Structures: A. Douglas Pond No. 1. B. Douglas Pond No. 2, A. Douglas Pond No. 3. Legal Description of Structures: Douglas Pond Nos. 1 – 3 (collectively the “Douglas Ponds”) will be located on the Property as more specifically described below and as generally depicted on the attached map: Douglas Pond No. 1. The pond is not yet constructed and will be located in the SW ¼ SE ¼ of Section 9. Douglas Pond No. 2. The pond is not yet constructed and will be located in the SW ¼ SE ¼ of Section 9. Douglas Pond No. 3. The pond is not yet constructed and will be located in the SW ¼ NE ¼ of Section 9. A more precise legal description for the Douglas Ponds will be established when the rights are made absolute and/or in any decree resulting from this application to the extent the ponds are already constructed at that time. Amounts Claimed. Douglas Pond No. 1. 6 acre-feet storage, conditional, with a right to fill and refill at 1 cfs or the rate of natural runoff, whichever is greater. Douglas Pond No. 2. 6 acre-feet storage, conditional, with a right to fill and refill at 1 cfs or the rate of natural runoff, whichever is greater. Douglas Pond No. 3. 6 acre-feet storage, conditional, with a right to fill and refill at 1 cfs or the rate of natural runoff, whichever is greater. Beneficial Use for All Douglas Ponds. Irrigation, stock watering and equestrian use, piscatorial, aesthetic, wildlife, fire protection, construction, augmentation, and exchange. Irrigated lands under the Douglas Ponds will be located on the Property and are expected to be approximately 1 acre for each of the Douglas Ponds. This irrigated land is in addition to any lands irrigated under the Douglas Well Field. Source. The following are all tributaries to the Elk River, tributary to the Yampa River: Douglas Pond No. 1. Fly Gulch drainage (aka Dry Gulch). Douglas Pond No. 2. Fly Gulch drainage (aka Dry Gulch). Douglas Pond No. 3. Unnamed drainage on Property. As noted above, the Douglas Well Field may also be used to fill and/or refill the Douglas Ponds. Date of Appropriation. July 28, 2006 for each of the Douglas Ponds, based upon the intent to appropriate and actions consistent with that intent including, but not limited to, entering into a purchase contract for the Property, and thereafter completing field work, engineering, survey and other work in preparation for this Water Court application. Specifications for Douglas Ponds. Pond specifications will be verified at the time the structures are made absolute and/or in any decree resulting from this application to the extent the ponds are already constructed at that time. It is currently intended that each structure will be lined; the maximum dam height for each structure will be less than 10 feet; the structures will average one surface acre each; and each of the structures will have 100% live capacity. To the extent located off-channel, each of the Douglas Ponds will have a diversion structure located on the drainage identified in paragraph 15, that shall be designed to divert at a rate of 1 cfs or the

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rate of natural runoff, whichever is greater. To the extent located on-channel, each of the Douglas Ponds will fill and/or refill at the rate of natural runoff when in priority or augmented. Name and Address of the Owner of Land on Which the Structures are Located: All Douglas Ponds shall be located on the Property, which Applicant has under contract. Current owners are the same as set forth above in paragraph 9. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. Structures to be Augmented. The following structures will be augmented in the manner set forth below: Douglas Well Field (including Douglas Well No. 1); and the Douglas Ponds. See description of structures set forth above. Description of the water rights to be used for augmentation. The Douglas Ponds, described above. Statement of Plan for Augmentation. Applicant seeks the right to divert water under the Douglas Well Field on a year-round basis, including Douglas Well No. 1, for the uses described in paragraph 8 above. Out-of-priority depletions resulting from said diversions, after factoring in return flows, will be replaced in time and amount pursuant to this augmentation plan with releases from one or more of the Douglas Ponds at a point up gradient from the applicable calling right. To the extent evaporation losses are replaced in one or more of the Douglas Ponds out-of-priority, such evaporation replacement will also be covered under this augmentation plan. No augmentation shall be required to the extent of a futile call. Accounting for Out-of-Priority Depletions Under Augmentation Plan. Applicant will cooperate with the Division Engineer in formulating an accounting plan to determine the extent of out of priority depletions to be covered under this augmentation plan. Based upon preliminary engineering, in-house uses, including domestic and commercial, are expected to consume approximately 15% of water use where the wastewater is treated by on-site, non-evaporative type septic systems; and irrigation is expected to consume approximately 1.9 acre-feet per acre, based upon a demand of 2.4 acre-feet per acre and 80% consumption. Measurement. Applicant will install and maintain such water measuring devices as may be reasonably necessary to account for diversions from Douglas Well No. 1 and the Douglas Well Field, diversions into Douglas Ponds, and any out-of-priority depletions and replacement thereof under the augmentation plan so as to prevent injury to any vested water rights. WHEREFORE, Applicant requests this Court enter a decree which adjudicates the conditional underground water rights for Douglas Well No. 1 and the Douglas Well Field as described above; orders the State Engineer to issue any required well permits for any wells that are part of the Douglas Well Field, including the Douglas Well No. 1; adjudicates the conditional water rights for Douglas Ponds described above; approves the plan for augmentation described above; and such other relief as the Court deems just and proper. 9. 06CW53 ROUTT COUNTY APPLICATION FOR CONDITIONAL STORAGE RIGHT AND CHANGE OF CONDITIONAL WATER RIGHT Applicant: 4S Development, Ltd., LLLP, c/o Charles B. White, Esq., Jennifer Soice Pelz, Esq., Petros & White, LLC, 730 17th Street, Suite 820, Denver, CO 80202 (303) 825-1980. INTRODUCTION. The purpose of this application is to adjudicate a conditional storage right for the enlargement of The Villages of Hayden Pond No. 4 and to change the place of storage for the conditional water right adjudicated to The Villages of Hayden Pond No. 5 in Case No. 03CW54, District Court, Water Division No. 6. These conditional storage rights are associated with the planned Johnson Ranch, Hidden Springs Ranch, and The Villages of Hayden developments located in portions of Sections 8, 9, 15, 16, 17, 19, 20, 21, 22, and 31, T.6N., R.88W., 6th P.M. in Routt County (collectively, “the Development”), more particularly described in Exhibits A, B, and C, attached to the application and are available for inspection at the office of the Water Court Clerk. A map identifying the boundaries of each development is attached to the application as Exhibit D, and is available for inspection at the office of the Water Court Clerk. CONDITIONAL STORAGE RIGHT.

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Name of structure: The Villages of Hayden Pond No. 4 Enlargement. Legal Description and location of dam: The Villages of Hayden Pond No. 4 is located in the SE1/4 NE1/4 of Section 16, T.6N., R.88W., of the 6th P.M. in Routt County, Colorado. The dam is located 2380 feet from the North line and 160 feet from the East line of said Section 16. See Exhibit E, attached to the application and is available for inspection at the office of the Water Court Clerk. Source: Unnamed tributary to Dry Creek, a tributary of the Yampa River and ground water produced by Well No. HS-JR#1 and Well No. HS-JR#2. The conditional water rights for Well Nos. HS-JR#1 and HS-JR#2 for both direct flow use and storage in The Villages of Hayden Pond Nos. 4, 5, and 6 were adjudicated in Case No. 03CW54, Water Division No. 6. Well Nos. HS-JR#1 and HS-JR#2 are located as follows: 1) HS-JR#1: The well is located in the NW1/4 NE1/4, Section 31, T.6N., R.88W., 6th P.M. in Routt County, Colorado at a point 1074 feet from the North line and 1501 feet from the East line of said Section 31. 2) HS-JR#2: The well is located in the NE1/4 NE1/4, Section 31, T.6N., R.88W., 6th P.M. in Routt County, Colorado at a point 850 feet from the North line and 700 feet from the East line of said Section 31. The water produced by Well Nos. HS-JR#1 and HS-JR#2 will be used for storage in the Villages of Hayden Pond No. 4 Enlargement. This use of the wells is separate and distinct from the direct flow uses of the wells adjudicated in Case No. 03CW54. Date of Appropriation: December 28, 2006. Amount Claimed: 2.1 acre feet, conditional. Applicant claims the right to fill and continuously refill The Villages of Hayden Pond No. 4 Enlargement to its full capacity as necessary to replace seepage and evaporation loss and releases for beneficial use. Use: Stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement purposes. Number and location of acres proposed to be irrigated: Up to 700 acres within the Development will be irrigated from this pond in combination with the other storage rights adjudicated in Case No. 03CW54, Water Division No. 6. Surface area of high water line: 3.4 acres. Maximum height of dam: N/A. Height from bottom of pond to spillway flowline is less than 10 feet. Length of dam: 430 feet. Total capacity of reservoir: 23.4 acre feet. Active capacity: 23.4 acre feet. Dead storage: None. The Villages of Hayden Pond No. 4 was originally decreed to have a capacity of 19 acre feet, conditional. The Applicant intends to construct the pond with a total capacity of 23.4 acre feet to accommodate storage of the new conditional water right for The Villages of Hayden Pond No. 4 Enlargement (2.1 acre feet) and the water right for The Villages of Hayden Pond No. 5 (2.3 acre feet) as changed herein. As a result of the enlargement, the depth of the pond will change, but the surface area will remain the same. Augmentation and replacement: The Villages of Hayden Pond No. 4 Enlargement will be used to augment and replace those out-of-priority depletions associated with the domestic, irrigation, stock watering, commercial, wildlife watering, and fire protection uses that occur in connection with the Development. CHANGE OF CONDITIONAL WATER RIGHT. Decreed name of structure for which change is sought: The Villages of Hayden Pond No. 5. From previous decree: Original Decree: November 29, 2006. Case No. 03CW54, District Court for Water District No. 6. Legal Description and location of dam: The Villages of Hayden Pond No. 5 was originally proposed to be located in the NE1/4 SE1/4 of Section 16, T.6N., R.88W., of the 6th P.M. in Routt County, Colorado. The dam was proposed to be located 2530 feet from the South line and 1000 feet from the East line of said Section 16. See Exhibit E, attached to the application and available for inspection at the office of the Water Court Clerk. Source: The decree in Case No. 03CW54 describes the source of The Villages of Hayden Pond Nos. 4, 5, and 6 as “Dry Creek, a tributary of the Yampa River and ground water produced by Well No. HS-JR#1 and HS-JR#2.” The actual source of the ponds is an unnamed tributary of Dry Creek, a tributary of the Yampa River and ground water produced by Well No. HS-JR#1 and Well No. HS-JR#2. See Applicant’s request to clarify the description of the source for The Villages of Hayden Pond Nos. 4, 5, and 6 in paragraph C.6 below. The

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conditional water rights for Well Nos. HS-JR#1 and HS-JR#2 for both direct flow use and storage in The Villages of Hayden Pond Nos. 4, 5, and 6 were adjudicated in Case No. 03CW54. Water produced by Well Nos. HS-JR#1 and HS-JR#2 will be used for storage in The Villages of Hayden Pond No. 5 as changed herein. This use of the wells is separate and distinct from the direct flow uses of the wells adjudicated in Case No. 03CW54. Date of Appropriation: 1) September 29, 2002 (piscatorial, aesthetic, recreational, irrigation, fire protection, replacement, and augmentation). 2) August 31, 2005 (stock water and domestic). Amount Claimed: 2.3 acre feet, conditional. Applicant has the right to fill and continuously refill The Villages of Hayden Pond No. 5 to its full capacity as necessary to replace seepage and evaporation loss and releases for beneficial use. Use: Stock water, piscatorial, aesthetic, recreational, domestic, irrigation, fire protection, augmentation, and replacement purposes. Historic Use: The Villages of Hayden Pond No. 5 water right has not yet been put to beneficial use. Proposed Change: The purpose of this application is to change the place of storage for the conditional water right adjudicated to The Villages of Hayden Pond No. 5 from its decreed location to The Villages of Hayden Pond No. 4 (as described above). In constructing The Villages of Hayden Pond No. 4, the Applicant intends to increase the originally decreed capacity of the pond from 19 acre feet to an enlarged capacity of 23.4 acre feet. The additional capacity of the pond will be used to store the conditional water rights for The Villages of Hayden Pond No. 5 (2.3 acre feet) and the conditional water right for The Villages of Hayden Pond No. 4 Enlargement (2.1 acre feet). Clarification of the source for filling The Villages of Hayden Pond Nos. 4, 5, and 6: Applicant requests that the source of water for The Villages of Hayden Pond Nos. 4, 5, and 6 be described more specifically as follows: Unnamed tributary of Dry Creek, a tributary of the Yampa River and ground water produced by Well No. HS-JR#1 and Well No. HS-JR#2. Remarks: a. Applicant reserves the right to seek an absolute water right for all or portions of the appropriations claimed herein prior to the entry of a decree in this case without amending or republishing this application. b. The use of water for replacement and augmentation purposes will occur in connection with substitute supply plans approved by the State and/or Division Engineers and/or plans for augmentation approved by the water court. c. The Villages of Hayden Pond Nos. 4, 5, and 6 (including the enlargement) and the Middle and Upper HSR Ponds and the Brock Reservoir (as decreed in Case No. 05CW35, Water Division No. 6) will be utilized with Well Nos. HS-JR#1 and HS-JR#2 as a part of an integrated water supply program to supply water to the Development. Name and address of owners of the land on which the structures are located: a. The Villages of Hayden Pond No. 4: Applicant. b. The Villages of Hayden Pond No. 5: Applicant. Wherefore, Applicant respectfully requests that this Court enter a decree adjudicating a conditional storage right for The Villages of Hayden Pond No. 4 Enlargement, clarifying the description of the source of water for filling The Villages of Hayden Pond Nos. 4, 5, and 6, and approving a change of place of storage for the conditional water right for The Villages of Hayden Pond No. 5, as described herein, and specifically determine that the vested and conditionally decreed water rights of others will not be materially injured by the change of conditional water right proposed herein.

10. 06CW54 ROUTT COUNTY APPLICATION FOR UNDERGROUND WATER RIGHTS Applicant: Routt County, by and through its Board of County Commissioners, c/o Margaret O’Donnell, P.C., P.O. Box 773572, Steamboat Springs, CO 80477 (970) 879-2104.

Name of Well

Permit, Registration, or Denial Number

If Permit is pending, provide date of application

Outlot A

N/A

This permit is being applied

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Wetland Well

for concurrently with the filing of this application

Klein Parcel Wetland Well

N/A

This permit is being applied for concurrently with the filing of this application

Detention Facility Irrigation Well

N/A

This permit is being applied for concurrently with the filing of this application

Legal descriptions: A. Outlot A Wetland Well: SW1/4 SW 1/4 Sec. 6, T6N, R84W of the 6th P.M. (460 feet north of the south section line and 210 feet east of the west section line). B. Klein Parcel Wetland Well: SE1/4 SE1/4 Sec. 1, T6N, R85W of the 6th P.M. (520 feet north of the south section line and 90 feet west of the east section line). C. Detention Facility Irrigation Well: SW1/4 SW1/4 Sec. 6, T6N, R84W of the 6th P.M. (710 feet north of the south section line and 295 feet east of the west section line). Map in Court file. Source: groundwater, tributary to the Yampa River, for the Outlot A Wetland Well, the Klein Parcel Wetland Well, and the Detention Facility Irrigation Well. Depth: Outlot A Wetland Well: 5 feet. Klein Parcel Wetland Well: 5 feet. Detention Facility Irrigation Well: 50 feet. Date of appropriation: August 1, 2005 for the three wells. How appropriation was initiated: Formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the hiring of engineering professionals by Routt County to analyze water needs around the Justice Center and Detention Facility and subsequent identification of wetland mitigation areas and irrigation of landscaped lawn and garden areas around the two facilities. Date water applied to beneficial use: N/A. Amount claimed: 7.6 acre feet in total, conditional as follows: Outlot A Wetland Well: 5 gpm and 1.0 acre feet. Klein Parcel Wetland Well: 5 gpm and 4.0 acre feet. Detention Facility Irrigation Well: 50 gpm and 2.6 acre feet. Proposed use: irrigation. If irrigation, complete the following: Outlot A Wetland Well: Number of acres historically irrigated: N/A. Number of acres of sustained wetland vegetation: 0.3 acres on the Outlot A Parcel located in the SW1/4 SW1/4, Section 6, T6N, R84W of the 6th P.M. and more specifically depicted on the Map, attached herewith as Figure 1. Klein Parcel Wetland Well: Number of acres historically irrigated: N/A. Number of acres of sustained wetland vegetation : 1.3 acres on the Klein Parcel, located in the SE1/4 SE1/4, Section 1, T6N, R85W of the 6th P.M. and more specifically depicted on the Map, attached herewith as Figure 1. Detention Facility Irrigation Well: Number of acres historically irrigated: N/A. Number of acres proposed to be irrigated: 1.5 acres of landscaped lawn and garden around the Detention Facility located in the SW1/4, Section 6, T6N, R84W of the 6th P.M. and more specifically depicted on the Map, attached herewith as Figure 1. If non-irrigation: N/A. Name and address of owner of the land: Applicant as set forth in 1., above, for Outlot A Wetland Well and Detention Facility Irrigation Well. Klein Parcel Wetland Well: Marsha J. Klein, 7550 East Gunnison Place, Denver, CO 80231-2687. Remarks: The Outlot A and Klein Parcels (Figure 1) represent wetlands constructed as part of a 404 permit to mitigate wetlands impacted by the construction of the Routt County Justice Center. The mitigated wetlands represent an area slightly larger than the wetlands which were in existence prior to the development of the site. Given the proximity of the groundwater table to the

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surface and the transpiration by wetland vegetation, these wetland areas act as a well (i.e., as structures accessing and diverting groundwater for beneficial uses). As such, Outlot A Wetland Well and Klein Wetland parcels are included in this water right application as point of groundwater diversion (i.e. a well). Applicant requests a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S Section 37-92-302, approval of the applied for adjudication dates, and establishing the amount and uses requested herein for the Outlot A Wetland Well, the Klein Parcel Wetland Well, and the Detention Facility Irrigation Well, and grants to Applicant such other relief as the Court deems just and proper. 11. 06CW55 ROUTT COUNTY APPLICATION FOR WATER STORAGE RIGHTS, AND APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE Applicant: Richard Trabulsi, Inc., Richard Trabulsi, Margaret O’Donnell, P.O. Box 773572, Steamboat Springs, CO 80477. Map in Court file. Name of reservoir: Mystic Reservoir #2 Enlargement, Mystic Grouse Pond, Mystic Clover Pond, Spring Creek Pond No. 1, Spring Creek Pond No. 2, Roe Creek Ponds Nos. 1, 2, 3, Mystic Spring Creek Pond. Legal description of location of dam and source: The above- listed ponds are all located in Township 7 North, Range 86 West of the 6th P.M., Routt County, Colorado. All points were averaged and are in Zone 13. The ponds are further described as follows:

Structure

Section

Quarter/Quarter

Easting

Northing

Source*

Mystic** Reservoir #2 Enlargement

13

NWNW Bears N. 07 degrees 00' E., 1850 feet from the West 1/4 Corner of Section 13

N/A

N/A

Mathews Spring Creek, tributary to Trull Creek

Mystic Grouse Pond

14

NENW at a point 640 feet from the North section line and 1646 feet from the West section line of Section 14

330233

4493010

Roe Creek, tributary to Trull Creek

Mystic Clover Pond

14

NENW at a point 350 feet from the North section line and 2349 feet from the West section line of Section 14

330445

4493089

Roe Creek, tributary to Trull Creek

Spring Creek

14

NENE at a point

331076

4492897

Mathews

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Pond No. 1 895 feet from the North section line and 877 feet from the East section line of Section 14

Spring Creek, tributary to Trull Creek

Spring Creek Pond No. 2

14

NENE at a point 986 feet from the North section line and 411 feet from the East section line of Section 14

331219

4492873

Mathews Spring Creek, tributary to Trull Creek

Roe Creek Pond No. 1

14

NWNE at a point 820 feet from the North section line and 2305 feet from the East section line of Section 14

N/A

N/A

Roe Creek, tributary to Trull Creek

Roe Creek Pond No. 2

14

NWNE at a point 1285 feet from the North section line and 1960 feet from the East section line of Section 14

N/A

N/A

Roe Creek, tributary to Trull Creek

Roe Creek Pond No. 3

14

SWNE at a point 1820 feet from the North section line and 1705 feet from the East section line of Section 14

N/A

N/A

Roe Creek, tributary to Trull Creek

Mystic Spring Creek Pond

14

SENE at a point 1405 feet from the North section line and 895 feet from the East section line of Section 14

N/A

N/A

Mathews Spring Creek, tributary to Trull Creek

*all sources are tributary to the Elk River. **Mystic Reservoir was decreed in Case No. 86CW182 in the amount of 1 acre foot on 2/18/1988. The appropriation date is 9/1/1984. It diverts from Mathews Spring Creek at a rate of .25 cfs, is located in the NW 1/4 NW1/4 of Section 13, T. 7 N., R. 86 W., of the 6th P.M. at a point which bears N. 07 degrees 00' E., 1850.00 feet from the West 1/4 Corner of said Section 13. The decreed uses include domestic, stock watering, and piscatorial. Appropriation: Mystic Reservoir #2 Enlargement: Date of appropriation: 9/1/1984. How appropriation initiated: by formation

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of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited, to the impoundment of 9 acre feet of water in Mystic Reservoir #2 in addition to the 1 acre foot decreed to Mystic Reservoir #2. Date water put to beneficial use: 9/1/1984. Mystic Grouse Pond: Date of appropriation: Mystic Grouse Pond: August 15, 2005. How appropriation initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited, to the excavation and improvement of Mystic Grouse Pond. Date water put to beneficial use: September 15, 2005. Mystic Clover Pond: Date of appropriation: Mystic Clover Pond: August 15, 2004. How appropriation initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the excavation and improvement of Mystic Clover Pond. Date water put to beneficial use: September 15, 2004. Spring Creek Pond No. 1: Date of appropriation: Spring Creek Pond No. 1: August 15, 1985. How appropriation initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the excavation and improvement of Spring Creek Pond No.1. Date water put to beneficial use: September 15, 1985. Spring Creek Pond No. 2: Date of appropriation: August 15, 1985. How appropriation initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the excavation and improvement of Spring Creek Pond No.2. Date water put to beneficial use: September 15, 1985. Roe Creek Pond No. 1: Date of appropriation: October 11, 2006. How appropriation initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the hiring and site visit of professionals to gather information to support the filing on the water storage right for the Roe Creek Pond No. 1. Date water put to beneficial use: N/A. Roe Creek Pond No. 2: Date of appropriation: October 11, 2006. How appropriation initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited, the hiring and site visit of professionals to gather information to support the filing on the water storage right for the Roe Creek Pond No. 2. Date water put to beneficial use: N/A. Roe Creek Pond No. 3: Date of appropriation: October 11, 2006. How appropriation initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the hiring and site visit of professionals to gather information to support the filing on the water storage right for the Roe Creek Pond No. 3. Date water put to beneficial use: N/A. Mystic Spring Creek Pond: Date of appropriation: October 11, 2006. How appropriation initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the hiring and site visit of professionals to gather information in support of the filing on the water storage right for the Mystic Spring Creek Pond. Date water put to beneficial use: N/A. Amount claimed: Mystic Reservoir #2 Enlargement: 10 acre feet, absolute, right of fill and refill, rate of diversion is .25 cfs from the Mathews Spring Creek. Mystic Grouse Pond: 6 acre feet, absolute, right of fill and refill, for stock watering, recreational, and wildlife watering purposes, conditional for domestic, augmentation and exchange, piscatorial uses. Mystic Clover Pond: 2 acre feet, absolute, right of fill and refill for stock watering, recreational, and wildlife watering purposes, conditional for domestic, augmentation and exchange, piscatorial uses. Spring Creek Pond No. 1.: 0.18 acre feet, absolute, right of fill and refill for stock watering, recreational, and wildlife watering purposes, conditional for domestic, augmentation and exchange, piscatorial uses. Spring Creek Pond No. 2: .12 acre feet, absolute, right of fill and refill for

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stock watering, recreational, and wildlife watering purposes, conditional for domestic, augmentation and exchange, piscatorial uses. Roe Creek Pond No. 1: 7.5 acre feet conditional, right of fill and refill, for stock watering, recreational, wildlife watering, domestic, augmentation and exchange, and piscatorial uses. Roe Creek Pond No. 2: 7.5 acre feet, conditional, right of fill and refill, for stock watering, recreational, wildlife watering, domestic, augmentation and exchange, and piscatorial uses. Roe Creek Pond No. 3 12 acre feet conditional, right of fill and refill for stock watering, recreational, wildlife watering, domestic, augmentation and exchange, and piscatorial uses. Mystic Spring Creek Pond: 10 acre feet conditional, right of fill and refill for stock watering, recreational, and wildlife watering purposes, domestic, augmentation and exchange, and piscatorial uses. Use or proposed use: If irrigation, complete the following: water from Mystic Clover Pond is used for the irrigation of approximately 20 acres of alfalfa generally located in portions of the NE1/4 NW1/4 of Section 14, T. 7 N., R. 86 W., and depicted on the Map attached herewith as Exhibit A. If non-irrigation: See paragraph 4.A-I for the uses and proposed uses for each storage structure. Surface area, area of high water line, maximum height of dam in feet, length of dam in feet, total capacity of reservoir in acre feet:

Structure

Surface area of high water line

Maximum height of dam in feet

Length of dam in feet

Total capacity of reservoir in acre feet*

Mystic Reservoir #2 Enlargement

1 acre

25 feet

250 feet

10 acre feet

Mystic Grouse Pond

.5 acre

8 feet

300 feet

6 acre feet

Mystic Clover Pond

.2 acre

8 feet

200 feet

2 acre feet

Spring Creek Pond #1

.03 acre

6 feet

50feet

0.18 acre feet

Spring Creek Pond #2

.02 acre

6 feet

50 feet

0.12 acre feet

Roe Creek Pond No. 1

.625 acre

10 feet

375 feet

7.5 acre feet

Roe Creek Pond No. 2

.625 acre

10 feet

375 feet

7.5 acre feet

Roe Creek Pond No. 3

1.0 acre

16 feet

600 feet

12 acre feet

Mystic Spring Creek Pond

1 acre

25 feet

250 feet

10 acre feet

*All storage is active for each pond. Name and address of owner of the land: Applicant. APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. Currently, the water rights applied for in this application are not being administered as the system is not over-appropriated. In the event of future administration of the water rights applied for herein, the Applicant may elect to bypass flows during out-

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of-priority calls to protect the calling downstream senior water right or the Applicant may elect to keep the ponds described above full during a senior call in which case an augmentation plan and exchange would be required to replace the evaporation losses from the ponds during the calling period. If the Applicant elects to keep the ponds full during a call replacements to the stream system would be made from releases from Stagecoach Reservoir pursuant to this plan for augmentation. The evaporative losses for each of the ponds decreed herein are shown in Tables 1 and 2, attached. If the Applicant wants to utilize this augmentation plan, the Applicant will enter into a contract with the Upper Yampa Water Conservancy District (“Upper Yampa”) for a water allotment contract for Stagecoach Reservoir water for augmentation purposes. Upper Yampa is applying for additional water from Stagecoach Reservoir to provide augmentation water to users and has agreed to allow applicant to contract for this water once it is decreed, subject to final terms and conditions as determined by Upper Yampa. Stagecoach Reservoir is currently decreed for 33,500 acre feet for a multitude of uses directly or by augmentation and exchange, and is located on the Yampa River in Section 36, T. 4 N., R. 85 W., and in Sections 28-32, T. 4 N., R. 84 W., and in Sections 1 and 2, T. 3 N., R. 85 W., 6th P.M., Routt County, Colorado. The amount of water purchased may be up to 10.4 acre -feet to cover any out-of-priority evaporation losses plus an additional amount for stream losses to be determined by the Division Engineer. Until such contract is in place, the Applicant will store in-priority flows only to the ponds described above. The exchange reach is as follows: from Stagecoach Reservoir located on the Yampa River in Section 36, T. 4 N., R. 85 W., and in Sections 28-32, T. 4 N., R. 84 W., and in Sections 1 and 2, T. 3 N., R. 85 W., 6th P.M., Routt County, Colorado to the points of storage for each of the ponds described in paragraph 2 above. No Injury. Operation of this augmentation plan will prevent injury to any senior vested or decreed conditional water rights. The water to be provided for augmentation is of a quality and quantity so as to meet the requirements for which the water has been used by senior downstream appropriators, and therefore meets the requirements of Section 37-92-305(5), C.R.S. Wherefore, Applicant requests a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S Section 37-92-302, approval of the applied for appropriation dates for all the structures; and establishing the amount and uses and right of fill and refill for all structures; approves and decrees the plan for augmentation and exchange described herein; and determines that the water rights claimed herein are part of integrated water supply systems and diligence demonstrated for one applies to the entirety of the system, and grants to Applicant such other relief as the Court deems just and proper.

12. 06CW56 ROUTT COUNTY. APPLICATION FOR WATER RIGHTS (SURFACE). Applicant: Meyers Farms Family Trust, c/o Marvin Meyers, Margaret O’Donnell, Esq., P.O. Box 773572, Steamboat Springs, CO 80477 (970) 879-2104. Name of Structure: Meyers Spring. Legal description of each point of diversion: The point of diversion for the Meyers Spring is located in the SW 1/4 SE1/4 of Section 7, Township 6 North, Range 86 West, 6th P.M., 2154 feet from the East Section line and 320 feet from the South Section Line. Optional GPS location in UTM format, Zone 13. Points were averaged: Easting: 324012, Northing: 4483813. Source: spring, tributary to the Yampa River. Date of appropriation: February 24, 2005. How appropriation was initiated: Purchase of property and formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to placement of a pump and pipeline in the spring and beneficial use of water. Date water applied to beneficial use: October 15, 2006. Amount claimed: .033 cfs, absolute. Use or proposed use: stock water, wildlife watering, piscatorial, recreation and irrigation, replacement of evaporative losses to Horseshoe Lake, as decreed in Case No. 94CW53. If irrigation: Number of acres proposed to be irrigated: 10 acres. Legal description of the acreage: SE1/4 SW1/4,

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Section 7, Township 6 North, Range 86 West, 6th P.M., Routt County, Colorado. See Map, attached as Exhibit A. If non-irrigation: to freshen and fill Horseshoe Lake for stockwater, wildlife watering, piscatorial, recreational purposes, and replacement of evaporative losses in Horshoe Lake. Name and address of owner of the land: Applicant. Remarks: Applicant requests a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S Section 37-92-302, approval of the applied for appropriation date, and establishing the amount and uses requested herein for the Meyers Spring, and grants to Applicant such other relief as the Court deems just and proper. 13. 06CW60 MOFFAT COUNTY. Application for Water Rights (Surface). Applicant: Vermillion Ranch Limited Partnership, c/o Kent Holsinger, 350 Indiana Street, Suite 640, Golden, Colorado 80401 (303) 577-4621. Name of structure: Other: VRLP I/C/D and Alternate points of diversion. Legal description: Moffat County: Primary point of diversion: NW1/4NW1/4 Section 17, T11N, R101W of the 6th P.M., 565 feet West of the East section line, 463 feet North of the South section line (UTM format, Zone 12, Northing 4532150 meters, Easting 686913 meters (points were averaged)); 1st alternate point of diversion NE1/4NE1/4 Section 18 T11N, R101W of the 6th P.M., 645 feet East of the West section line, 657 feet North of the South section line (UTM format, Zone 12, Northing 4532083 meters, Easting 686546 meters (points were averaged)); 2nd alternate point of diversion NW1/4NE1/4 Section 17, T11N, R101W of the 6th P.M., 1382 feet East of the West section line, 59 feet North of the South section line (UTM format, Zone 12, Northing 4532291 meters, Easting 687923 meters (points were averaged)); 3rd alternate point of diversion SE1/4NW1/4 Section 17, T11N, R101W of the 6th P.M., 2619 feet West of the East section line, 2168 feet North of the South section line (UTM format, Zone 12, Northing 4531642 meters, Easting 687550 meters (points were averaged)); 4th alternate point of diversion NW1/4SE1/4 Section 16, T11N, R101W of the 6th P.M., 1774 feet East of the West section line, 2601 feet South of the North section line (UTM format, Zone 12, Northing 4531534 meters, Easting 689416 meters (points were averaged)); 5th alternate point of diversion SE1/4SE1/4 Section 15, T11N, R101W of the 6th P.M., 1237 feet East of the West section line, 687 feet South of the North section line (UTM format, Zone 12, Northing 4531001 meters, Easting 691201 meters (points were averaged)); 6th alternate point of diversion SW1/4SE1/4 Section 14, T11N, R101W of the 6th P.M., 1586 feet East of the West section line, 345 feet South of the North section line (UTM format, Zone 12, Northing 4530936 meters, Easting 692711 meters (points were averaged)); 7th alternate point of diversion SE1/4SE1/4 Section 13, T11N, R101W of the 6th P.M., 244 feet East of the West section line, 1043 feet South of the North section line (UTM format, Zone 12, Northing 4531194 meters, Easting 694724 meters (points were averaged). Source: Talamantes Creek, tributary to the Green River. Date of Initiation of Appropriation: May 1, 1976. How appropriation was initiated: pumping. Date water was applied to beneficial use: May 1, 1976. Amount claimed: 1.5 cfs absolute; 3.5 cfs conditional. Use and proposed use: industrial, commercial and domestic. The water is used for industrial and commercial purposes in the area including oil and gas drilling and completion of wells, road and well pad construction, dust suppression and other uses. Conditional rights are for the same purposes as well as domestic purposes. Vermillion Ranch Limited Partnership f/k/a Lazy VD Land and Livestock has provided water on an as-needed basis to many companies operating in the area since May 1, 1976. Names and addresses of owners of the land upon which water is diverted: A.W. Dickinson Jr. Trust, 14883 MCRD 10N, Maybell, Colorado 81640. 14. 05CW64 ROUTT COUNTY APPLICATION FOR WATER RIGHTS (SURFACE) Applicant: Yampa River Ranches, LLC, c/o John Soileau, 3229 Highway 17 N., Greencove, FL 30243 Steve

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Elkins 970-846-5376. Name of structure: Nina Spring #1 and Brooke Spring #1. Legal description (Map in Court file): Nina Spring #1: NE4, SW4, Sec 16, T6N, R86W, 6th PM, 2235 ft from S and 1926 ft from W Sec Line. Street address: Routt County Road #205. Brooke Spring #1: NE4, SE4, Sec 17, T6N, R86W, 6th PM, 2527 ft from S and 400 ft from E Sec Line. Source: Yampa River. Date of initiation of appropriation: November 30, 2006. How appropriation was initiated: Improving ditches and cleaning out structure. Date water applied to beneficial use: September 1, 2006. Amount claimed: .02 and .02 cfs Conditional. Use: Irrigation, domestic, wildlife, recreation. If irrigation, number of acres historically irrigated: 20 acres. Proposed to be irrigated: 35-50. Legal description of acreage: Tracts in N2 and N2S2, Sec 16, T6N, R86W, 6th PM. If non-irrigation, describe purpose: Irrigation, stock ponds, fish ponds, wildlife use and water supply to ranch homes to be built. Name of owner: Applicant. 15. 06CW65 ROUTT COUNTY APPLICATION FOR CONDITIONAL WATER RIGHTS Applicant: Deerwood Service Company, LLC c/o Charles B. White, Esq. and Jennifer Soice Pelz, Esq., Petros & White, LLC, 730 17th Street, Suite 820, Denver, CO 80202, (303) 825-1980. Name of Structures: a. DP Well No. 3; b. DP Well No. 4; c. Deerwood Pond. Legal Description of Points of Diversion: a. DP Well No. 3: Lot 12 of Tract 145 per the Resurvey, Section 20, T5N, R85W, 6th P.M., 4,170 feet from the west line and 2,691 feet from the south line of said Section 20. This location is also described as a point bearing North 47 degrees, 37 minutes, 38 seconds East, 3,992.24 feet from AP 3, Tract 159, Routt County, Colorado. b. DP Well No. 4: Lot 18 of Tract 159 per the Resurvey, Section 20, T5N, R85W, 6th P.M., 1,374 feet from the west line and 632 feet from the south line of said Section 20. This location is also described as a point bearing North 13 degrees, 32 minutes, 51 seconds East, 650.88 feet from AP 3, Tract 159, Routt County, Colorado. c. Deerwood Pond (Fourth Filling): SE1/4NW1/4 Section 20, T5N, R85W, 6th P.M. at a point bearing North 37 degrees, 16 minutes, 51 seconds East, 4389.78 feet from the Southwest Corner of said Section 20, Routt County, Colorado. Source: a. DP Well No. 3 and DP Well No. 4 (direct-flow rights): Ground water tributary to the Yampa River. b. Deerwood Pond (Fourth Filling): Unnamed tributary to Trout Creek and ground water produced by DP Well No. 3 and DP Well No. 4, as described herein. The water produced from DP Well Nos. 3 and 4 will be stored in Deerwood Pond (Fourth Filling) for use in the Pond and for subsequent release and beneficial use. Depth of Wells: a. DP Well No. 3: 460 feet. b. DP Well No. 4: 460 feet. Deerwood Pond Dam: a. Height of dam: Less than 10 feet. b. Length of dam: Approximately 425 feet. Date of Appropriation: December 29, 2006. How Appropriation was Initiated: By the concurrence of an intent to make the subject appropriation and the performance of overt acts in furtherance of that intent, including the filing of an application for a water court decree and for a special use permit for a water distribution line. Date Water Applied to Beneficial Use: N/A. Amount Claimed: a. DP Well No. 3 (direct-flow right): 50 g.p.m., conditional. b. DP Well No. 4 (direct-flow right): 200 g.p.m., conditional. c. Deerwood Pond (Fourth Filling): 13.6 acre feet, conditional. Proposed Use: a. DP Well Nos. 3 and 4: Domestic, irrigation, stock water, and fire protection uses within the following properties: 1) One lot located in Tract 80, Tract 151 and Tract 153 of Section 27, T.5N., R.85W., of the 6th P.M., Routt County, Colorado, more particularly described in Exhibit A, attached the Application and available for inspection at the office of the Water Clerk. 2) Twelve lots located in Tract 151 of Section 27, Tract 80 of Section 27, Tract 153 of Section 27 and Section 28, Tract 81 of Sections 27, 28, 33 and 34, Lot 10, Lot 15 and Tract 154 of Section 28, and Tract 171 of Sections 28 and 33, T.5N., R.85W., of the 6th P.M., Routt County, Colorado, more particularly described in Exhibit B, attached to the Application and available for inspection at the office of the Water

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Clerk. Each of the thirteen lots may include a primary and secondary dwelling unit. b. Deerwood Pond, Fourth Filling: Domestic, irrigation, stock water, fire protection, fishery, aesthetic, recreational, exchange and augmentation in connection with the property described above. Separate Appropriations: a. The appropriation of conditional water rights for DP Well Nos. 3 and 4 is separate from, and in addition to, those adjudicated in Case No. 94CW93, Water Division No. 6, on May 31, 1995, in Case No. 99CW13, Water Division No. 6, on October 12, 1999, and in Case No. 01CW81, Water Division No. 6, on February 11, 2002. The rates of flow specified above represent the total amount appropriated for the combined direct-flow uses adjudicated in this case and in Case Nos. 94CW93, 99CW13, and 01CW81. The combined annual average amount of ground water to be withdrawn through DP Well Nos. 3 and 4 pursuant to these four direct-flow water rights shall not exceed 100 acre-feet. b. The appropriation of a conditional water right for the Deerwood Pond, Fourth Filling, is separate from, and in addition to, the conditional water right for the first filling of the Deerwood Pond adjudicated in Case No. 94CW148, Water Division No. 6, on December 26, 1995, for the second filling of the Deerwood Pond adjudicated in Case No. 99CW13, Water Division No. 6, on October 12, 1999, and for the third filling of the Deerwood Pond adjudicated in Case No. 01CW81, Water Division No. 6. c. The appropriations of conditional water rights in this case and in Case Nos. 99CW13 and 01CW81, Water Division No. 6, each include separate appropriations from DP Well Nos. 3 and 4 for direct flow use and for storage in Deerwood Pond. The direct flow appropriations for DP Well Nos. 3 and 4 are separate from, and in addition to, the appropriations of water from these wells for storage in the Deerwood Pond (Second, Third and Fourth Fillings). Well Permits: a. DP Well No. 3: Permit No. 056801-F was issued November 14, 2001 as a replacement for Permit No. 051797-F. b. DP Well No. 4: Permit No. 056800-F was issued November 14, 2001 as a replacement for Permit No. 051796-F. Remarks: a. The Applicant requests that the Court determine that DP Well No. 3, DP Well No. 4, and the Deerwood Pond are integrated structures for purposes of reasonable diligence findings. b. The Applicant will apply for new well permits for the additional uses of the wells described in this application and will provide evidence of the issuance or denial of those permits as required by law. Names and Addresses of Owners of Land on Which Structures are Located: a. DP Well No. 3 is located on property owned by Donna Meitus, whose address is P.O. Box 775004, Steamboat Springs, CO 80477-5004. b. DP Well No. 4 is located on property owned by the Applicant. c. The Deerwood Pond is located on property owned by Rosalyn and Daniel Atkins, whose address is P.O. Box 775996, Steamboat Springs, CO 80477-5996. The following are amended applications previously published: 1. 05CW25 ROUTT COUNTY AMENDED APPLICATION FOR WATER RIGHTS (SURFACE) Applicant: Christoph Manke, 395 Black Eagle Road, P.O. Box 1723, Idaho Springs, CO 80452 303-885-0835 (Cl) 970-736-0300 (Wk). Name of structure: Manke’s Ditch. Legal description: Routt County, SW4, SW4, Sec 8, T4N, R85W, 6th PM, 60 ft from S and 130 ft from W Sec Line. Source: Oak Creek. Date of initiation of appropriation: September 10, 2004. How appropriation was initiated: Made plan and formed intent to use water. Amount claimed: .50 cfs Conditional. Use: To supply water for irrigation, piscatorial, recreation, stock and wetlands habitat. If irrigation, number of acres irrigated: 0. Proposed to be irrigated: 15. Legal description: 15 acres in Routt SW4, SW4, Sec 8, T4N, R85W, 6th PM. If non-irrigation, describe purpose: Recreation, stock and wetlands, habitat, piscatorial. Name of owner of land: Siegfried G. Manke, 1143 Ponderosa Dr., Evergreen, CO 80439. Remarks: Manke’s Ditch will supply water from Oak Creek to Manke’s Pond for recreation, stock, piscatorial and wetlands habitat.

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2. 05CW26 ROUTT COUNTY AMENDED APPLICATION FOR WATER STORAGE RIGHT Applicant: Christoph Manke, 395 Black Eagle Road, P.O. Box 1723, Idaho Springs, CO 80452 303-885-0835 (Cl) 970-736-0300 (Wk) Name of Reservoir: Manke’s Pond/Reservoir. Legal description: Routt County, SW4, SW4, Sec 8, T4N, R85W, 6th PM, 250 ft from S and 225 ft from W Sec Line. Name of ditch and capacity: .50 cfs Manke’s Ditch. Routt County, SW4, SW4, Sec 8, T4N, R85W, 6th PM, 60 ft from S and 130 ft from W Sec Line. Source: Stream – Oak Creek. Date of appropriation: September 10, 2004. How appropriation was initiated: Make plan and formed intent to use water. Amount claimed: 1.25 af Conditional. If off-channel reservoir, rate of diversion: .50 Manke’s Ditch, Conditional. Use: If irrigation, number of acres irrigated: None. Total number of acres proposed to be irrigated: 15. Legal description: 15 acres in Routt, SW4, SW4, Sec 8, T4N, R85W, 6th PM. If non-irrigation, describe purpose: Piscatorial, recreation, stock water uses and wetland habitat. Surface area of high water line: 9940 sq ft. Max height of dam: 10 ft. Length of dam: 50±. Total capacity in acre ft: 1.25. Dead storage: 1.25 acre ft. Name of owner of land: Siegfried G. Manke, 1143 Ponderosa Dr., Evergreen, CO 80439. Identify where dam is located: All on applicant’s. Remarks: Water to be used for family recreation, irrigation, livestock, dock, wetland habitat for birds and waterfowl. 3. 05CW60 MOFFAT COUNTY AMENDED APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE Applicant: Reserve Coal Properties Co., c/o Tom Mikesell, P.O. Box 1020, Craig, CO 81626 970-824-5812. Name of structure: RCP Pond #9, Reservoir. Describe conditional water right: Date of original decree: 9/24/1996. Case No. 91CW112. Court: Division 6. Legal description: SE4, NW4, Sec 35, T4N, R90W, 6th PM, 2000 ft from N and 2100 ft from W Sec Line. (Map in Court file) Source: Cedar Creek of the South Fork of the Williams Fork of the Yampa River. Appropriation date: March 30, 1991. Amount: 30 af. Use: Livestock, wildlife, fish propagation, with future uses to include industrial, dewatering Applicant’s mine, and for commercial, mining, domestic, recreation, fire prevention, irrigation and all other beneficial uses, including storage, for Applicant’s Monument Butte Project in Moffat County. Provide a detailed outline of what has been done: In August, 2005, we constructed a dam, measuring 260’ and 14’ high at a cost of $30,465.00. If claim to make absolute: Date water applied to beneficial use: August 31, 2005. Amount: 30 af. Use: Livestock, wildlife and fish propagation, with future uses to include dewatering Applicant’s mine, industrial, commercial, mining, domestic, recreation, fire prevention, irrigation and all other beneficial uses, including storage, for Applicant’s Monument Butte project in Moffat County. We ask that August 2005 construction date be used to show due diligence for future uses as described herein. Description of place of use: Moffat County – SE4, NW4, Sec 35, T4N, R90W, 6th PM at a distance of 2000 ft from the N Sec line and 2100 ft from the W Sec line. Name of owner of land: Applicant, 1800 Washington Road, Pittsburgh, PA 15241. 4. 05CW61 MOFFAT COUNTY AMENDED APPLICATION FOR WATER STORAGE RIGHT Applicant: Reserve Coal Properties, c/o Tom Mikesell, P.O. Box 1020, Craig, CO 81626 970-824-5812. Name of reservoir: RCP Lake #8. Legal description: SE4, SW4, Sec 17, T4N, R90W, 6th PM, 757 ft from S and 1488 ft from W Sec line. (Map in Court file) Source: Hart Gulch of Waddle Creek of the Williams Fork of the Yampa River. Date of appropriation: August 15, 2004. How appropriation was initiated: In August 2004 we constructed a dam conforming to Colorado State specs at the cost of $30,000. Date water applied to beneficial use: August 15, 2004. Amount claimed: 35 af Absolute. If non-irrigation, describe purpose fully: Livestock, wildlife, fish propagation. Surface area of high water line: 3 ½ acres. Max height of dam: 10 ft. Length of dam: 200 ft. Total capacity: 35 af. Active

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capacity: 33 af. Dead storage: 2 af. Name of owner of land: Applicant, 1800 Washington Road, Pittsburgh, PA 15291. 5. 06CW22 ROUTT COUNTY AMENDED APPLICATION FOR WATER RIGHTS (SURFACE) AND WATER STORAGE RIGHT Applicant: Brian S. Smith, P.O. Box 770939, Steamboat Springs, CO 80477 970-875-0000 (Home) 970-879-5544 (Work). Name of structure: Smith Pump. Name of reservoirs: House Pond and Meadow Pond. Legal description of each point of diversion: Smith pump in Elk River. Routt County, SE4, NW4, Sec 14, T7N, R85W, 6th PM, 2450 ft from N and 2400 ft from W Sec line, 28200 Elk Head Drive, Steamboat Springs, CO 80487. Subdivision: Elk River Mountain Ranch. Lot 7. Legal description: House Pond. Routt County, SE4, NW4, Sec 14, T7N, R85W, 6th PM, 1820 ft from N and 2310 ft from W Sec line. Legal description: Meadow Pond: Routt County, SE4, NW4, Sec 14, T7N, R85W, 6th PM, 1450 ft from N and 2250 ft from W Sec line. Street address: same. Name of ditch/pump and capacity: Smith pump in Elk River. Routt County, SE4, NW4, Sec 14, T7N, R85W, 6th PM, 2450 ft from N and 2400 ft from W Sec line. Source: Elk River from Smith Pump plus small amount of native flows. Date of initial appropriation: 12/30/05. How appropriation was initiated: By forming an intent to use water. Date water applied to beneficial use: TBD. Amount claimed: Surface right: 0.9 cfs Conditional. Storage right: 15.0 af Conditional. If off-channel reservoir, rate of diversion: 2.0 cfs Conditional. Use: Irrigation, stock, recreation, fish, wildlife, fire protection. If irrigation, number of acres historically irrigated: 0. Proposed to be irrigated: 5.0. Legal description of acreage: Five acres located within the SE4, NW4, Sec 14, T7N, R85W. If non-irrigation, describe purpose fully: In addition to irrigation, the ponds will be used for fish and wildlife habitat and for the recreational enjoyment of the owners. Surface area of high water line: House Pond 0.6 acre, Meadow Pond 2 acres. Max height of dam: House Pond 5 ft, Meadow Pond 10 ft. Length of dam: House Pond 120 ft, Meadow Pond 250 ft. Total capacity of reservoir: House Pond 1.0 af, Meadow Pond 14.0 af. Active capacity: House Pond 0.9, Meadow Pond 13.0. Dead storage: House Pond 0.1, Meadow Pond 1.0. Name of owner of land: Applicant. Remarks: Intent is to use the pump to fill the ponds and refill as needed (when in priority) to replace evaporative loss. Primary source of water will be by pumping from the Elk River, but will also receive some native flows. Ponds are designed so that overflow from one will fill the other, then flow back into the Elk River. You are hereby notified that you will have until the last day of February, 2007, to file with the Water Court 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 Statement of Opposition must be served on the Applicant or the Applicant's Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $70.00, and should be sent to the Clerk of the Water Court, DIV. 6, P.O. Box 773117, Steamboat Springs, CO 80477.

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308, C.R.S. (2006) 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).

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To receive this information for calendar year 2007, specify whether you prefer to receive the information by first-class mail or electronic mail and send your name, mailing address, e-mail address, daytime telephone number, and water division(s) to: Substitute Water Supply Plan Notification List, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203 or e-mail to: dwr-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.

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. (2006) the following judges are designated or redesignated as water judges for the water divisions of the state for 2007: 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*

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Dated this 15th day of December, 2006. / s / Mary J. Mullarkey Chief Justice * Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation.

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. (2006), the following district judges are appointed as designated ground water judges for the named designated ground water basins for 2007: 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 15th day of December, 2006 / s / Mary J. Mullarkey Chief Justice ROUTT COUNTY COMBINED COURT WATER DIV. 6 ___________________________________ By: Connie Strasheim, Deputy Clerk