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DISTRICT COURT, WATER DIVISION 7, COLORADO WATER RESUME ______________________________________________________________________________________ TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of December, 2004, for each County affected. 03CW84 American Number One, c/o K. R. Rodgers, P. O. Box 145, Dolores, CO 81323: Dolores County; Rodgers #1 Spring; NE1/4SE1/4, Section 6, T40N, R11W, N.M.P.M., 2450 feet from N and 850 feet from E, Northing 4183534, Easting 226402, NAD 83; West Fork, Dolores River; Date of initiation of appropriation, July, 2003; Appropriation initiated by clearing out spring; .011 cfs Conditional; Domestic up to 5 houses; Amended Application for Water Rights (Surface) (2 pages) 04CW38 Lawrence R. Oby, 15684 El Dorado Way, Larkspur, CO 80118: Susan’s Pump; Date of original decree 12/31/97; Case No. 97CW77; Montezuma County; NE1/4SW1/4, Section 7, T34N, R13W, N.M.P.M., 1450 feet from S and 2725 feet from E; Northing 4124241.19, Easting 204793.53; Webber Creek; Appropriation date, September 29, 1997; 0.3 cfs; Irrigation of 10 acres; Work performed towards completion of project outlined in detail in application; Date applied to beneficial use, May 12, 2004; Amended Application to Make Absolute (5 pages) 04CW82 (97CW75) Adnan I. and Marilyn A. Arnaout, P. O. Box 573, Mancos, CO 81328: La Plata County; Arnaout Pond; Date of original decree, December 7, 1998; Case No. 97CW75; SE1/4NE1/4NE1/4, Section 3, T35N, R12W, N.M.P.M., 750 ft. from S and 250 ft. from W; Unnamed draws tributary to Cherry Creek and Starvation Creek (water delivered by Schaefer Ditch tributary to La Plata River); Appropriation date, July 16, 1997; 2.0 af; Irrigation of 2 acres, supplemental irrigation of 3 acres and stock watering; Date applied to beneficial use, July 16, 1997; Upper and lower pasture land; Work performed towards completion of project outlined in detail in application; Application to Make Absolute (16 pages) 04CW83 Archuleta County, Water District No. 7; 1. Applicant: Alpine Lake Ranch Ditch and Reservoir Company, Inc., Post Office Box 53, Chromo, CO 81128, (970) 264-1208 and Alpine Lakes Ranch Property Owners Association, Inc., Post Office Box 3792, Pagosa Springs, CO 81147, (970) 264-1208. 2. Attorney: James C. Anesi, 2023 Main Avenue, Unit A, Durango, CO 81301, (970) 247-8720. 3. Structure or Plan: Central Supply Intake at Spence Reservoir. 4. Type of Application: Application for Finding of Diligence and to Make Absolute. 5. Drainage Basin: Spence Reservoir, Spence Creek tributary to the Navajo River and Big Branch Creek tributary to the Rio Blanco. 6. Location: SW1/4 of the NE1/4 of Section 8, T33N, R1E, N.M.P.M., Archuleta County, Colorado, 2150 feet South of the North section line and 1900 feet West of the East section line. 7. Type of Use: Domestic, livestock, irrigation for lawns, gardens, shrubs and trees, fire protection purposes for the central domestic water supply system to Alpine Lakes Ranch Subdivision and irrigation of 15 acres. 8. Type of Structure: Central Supply Intake at Spence Lake. 9. Quantity: 0.0754 c.f.s. Absolute for domestic and livestock uses and 0.845 cfs Absolute for irrigation of lawns, gardens, shrubs, trees and fire protection purposes and irrigation of 15 acres, which includes no more than 3000 square feet per lot for a maximum of 218 lots, and 0.446 c.f.s. Conditional. 10. Additional Information: None. (3 pages) Case Number 04CW84, IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF MARIANNE S. HUTCHISON TRUST AND E.L. HUTCHISON TRUST, BOTH DATED August 12, 1997, In La Plata County, Attorney: Nancy Agro. McDANIEL, BATY, MILLER, AGRO, WALES & ROBBINS, L.L.C. 1040 Main Avenue,Durango, CO 81301 Telephone No.: (970) 247-1113; APPLICATION FOR A FINDING OF REASONABLE DILIGENCE AS TO UNDERGROUND WATER RIGHTS AND PLAN OF AUGMENTATION; Name of Structure: Dream Catcher Well; Conditional water right: Decrees: 97 CW 34, and 89 CW 2, District Court, Water Division No. 7; Location: SW/4 of

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the SE/4 of Section 6, Township 34 North, Range 10W, N.M.P.M. at a point approximately 2,360 feet west of the east line and 130 feet north of the south line of said Section 6; Source: La Plata River; Amount of water: 3,421,950 gallons per year, with 1.25 acre feet (407,375 gallons) of consumptive use per year, pumped as follows: 2,053,170 gallons from April to September, and 1,368,780 from October through March. Augmentation plan as follows: .0082 c.f.s. of water in the La Plata Irrigating Ditch, priority date April 15, 1881 stream priority No. 1 Basin Rank No. 3, decreed January 12, 1898 is left in the La Plata River to replace depletions; Type of Use: Domestic, municipal, and fire protection purposes. Please see application for a detailed description of diligence. (Application 3 pages) 2004CW85, ARCHULETA COUNTY, APPLICATION FOR WATER RIGHTS. 1. Co-Applicants: Pagosa Area Water and Sanitation District, P.O. Box 4610, Pagosa Springs, Colorado 81157 and San Juan Water Conservancy District, P.O. Box 4632, Pagosa Springs, Colorado 81157, (Evan D. Ela, Collins, Cockrel & Cole, P.C., 390 Union Blvd., Suite 400, Denver, Colorado 80220-1556, 303-986-1551). First Claim for Relief (Storage) 2. Name of Reservoir: Dry Gulch Reservoir. 3. Legal description of dam and reservoir: Dry Gulch Reservoir will be an off-channel reservoir located on Dry Gulch, an ephemeral tributary to the San Juan River. The center point on the dam axis is located on the section line separating Sections 5 and 8, Township 35 North, Range 1 West, of the N.M.P.M., at a point 1,300 feet west from the Southeast corner of said Section 5. Dry Gulch Reservoir will occupy all or portions of the following quarter-sections, all located in Township 35 North, Range 1 West, of the N.M.P.M.: all of the SW/4, the S/2 of the NW/4, the S/2 and NE/4 of the NE/4, and the S/2 and NW/4 of the SE/4 of Section 4; the SE/4 of the SE/4 of Section 5; the N/2 and SE/4 of the NE/4 of Section 8; and all of the NW/4, all of the NE/4, the N/2 of the SW/4, and the NW/4 of the SE/4 of Section 9. 4. Legal description of filling structures: 4.1 The point of diversion for the proposed Dry Gulch Pumping Station will be in the San Juan River as it flows through the SE/4 of the SW/4 of Section 5, Township 35 North, Range 1 West, of the N.M.P.M., at a point 3,100 feet from the east section line and 750 feet from the south section line of said Section 5. 4.2 The point of diversion for the existing Park Ditch is located on the east bank of the San Juan River at a point 11 chains and 10 feet east and 8 chains and 43 feet north of the quarter corner between Sections 27 and 22, Township 36 North, Range 1 West, of the N.M.P.M., from which point the ditch extends in a generally southwesterly direction. 5. Source: Dry Gulch, an ephemeral tributary to the San Juan River, and the San Juan River. 6. Date of Appropriation: March 14, 2000, by the Co-applicants’ authorization of Harris Water Engineering to study the yield of existing water rights, future water demands and the advisability of obtaining additional water rights to satisfy water demand projections through 2040. SJWCD authorized the engineering work on March 8, 2000 and PAWSD authorized the engineering work on March 14, 2000. The water storage rights claimed are conditional, water has not yet been applied to beneficial use. 7. Amount claimed: 29,000 ac-ft, CONDITIONAL, with the right to fill at up to 200 cfs in combination from all sources, and with the right to refill at the same rate up to 35,000 ac-ft whenever in priority after initial annual filling is achieved. The water storage right claimed herein will be exercised in conjunction with SJWCD’s existing Dry Gulch Reservoir water storage right for 6,300 ac-ft to achieve an initial annual filling of 35,300 ac-ft. 8. Uses: Water derived from the Subject Water Rights may be used for all municipal uses, including, but not limited to, domestic, industrial, commercial, mechanical, fire protection, sewage treatment, watering of parks, lawns, gardens and other public spaces, irrigation, agriculture, recreation, piscatorial and wildlife preservation (including releases for instream flow requirements), lake and reservoir evaporation, and aesthetic purposes, and for replacement, adjustment and regulation of the Co-applicant’s respective storage and delivery systems, and those of its users, among themselves and with others. Water derived from the Subject Water Rights may also be used to provide raw water to certain customers for irrigation and water storage by contract. Co-applicants may divert, store and use the water directly, by and for exchange, augmentation, substitution, replacement or otherwise, as may be appropriate to maximize its lawful use. Co-applicants may reuse, successively use, dispose of, and/or otherwise apply all water to extinction. The effluent or other returns, such as from lawn irrigation, that is discharged or released by Co-applicants attributable to the exercise of the Subject Water Rights shall have associated with it the same rights of use, reuse, successive use and disposition as water initially diverted. The water may be placed to use within the PAWSD or SJWCD service areas as such now exist or may exist in the future. 9. Reservoir dimensions: 9.1 Total surface area of the reservoir at high water line (elevation 7,400 feet above M.S.L.) will be approximately 621 acres. 9.2 The maximum height of the dam will be approximately 160 feet. 9.3 The total length of the dam will be approximately 3,000 feet. 10. Reservoir capacity: Total capacity of the reservoir is estimated at 35,300 ac-ft, of which 35,000 ac-ft will

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be active capacity and 300 ac-ft will be dead storage. Second Claim for Relief (Surface) 11. Name of structure: Dry Gulch Pumping Station. 12. Legal description of point of diversion: same as described in paragraph 4.1 herein. 13. Source: San Juan River and its tributaries. 14. Date of Appropriation: March 14, 2000, by the Co-applicants’ authorization of Harris Water Engineering to study the yield of existing water rights, future water demands and the advisability of obtaining additional water rights to satisfy water demand projections through 2040. SJWCD authorized the engineering work on March 8, 2000 and PAWSD authorized the engineering work on March 14, 2000. The water rights claimed are conditional, water has not yet been applied to beneficial use. 15. Amount claimed: 80 cfs, CONDITIONAL, for direct flow purposes and/or for storage in Dry Gulch Reservoir or other reservoirs owned or controlled by the Co-Applicants. 16. Uses: same as described in paragraph 8 herein. 17. Notices: To the best of the Co-applicants’ knowledge, information and belief, the following are the owners or reputed owners of land upon which the claimed new diversion and storage rights may have impact: 17.1 The land upon which Dry Gulch Dam and Reservoir may be located or its construction will effect is owned in part by Donald L. Weber, Kathryn L. Weber and Donald Andrew Weber, 2980 East Highway 160, Pagosa Springs, Colorado 81147; Running Iron Ranch, LLC, 2980 East Highway 160, Pagosa Springs, Colorado 81147; Julian I. and Helen M. Hathaway, Trustee, 2980 East Highway 160, Pagosa Springs, Colorado 81147; the United States Department of Agriculture, U.S. Forest Service, P.O. Box 310, Pagosa Springs, Colorado 81147; Gilbert Davidson, P.O. Box 87, Pagosa Springs, Colorado 81147; Jess Ketchum, P.O. Box 4462, Pagosa Springs, Colorado, 81147; Gregory A. and Linda J. Wells, P.O. Box 3910, Pagosa Springs, Colorado 81147; Andy T. and Ana D. Burch, P.O. Box 1686, Pagosa Springs, Colorado 81147; Brown Land and Cattle Co., P.O. Box 386, Pagosa Springs, Colorado 81147; Peggy Ann and William Laverty, 2260 East Highway 160, Pagosa Springs, Colorado; and Kurt W. Laverty, Kitzel A. Farrah, and Robert S. Laverty Living Trust, 2260 East Highway 160, Pagosa Springs, Colorado 81147. 17.2 The land upon which the Dry Gulch Pumping Station and conveyance pipeline to Dry Gulch Reservoir may be located is owned in part by Julian I. and Helen M. Hathaway, Trustee, 2980 East Highway 160, Pagosa Springs, Colorado 81147; Running Iron Ranch, LLC, 2980 East Highway 160, Pagosa Springs, Colorado 81147; and Steven L. and Codie Peters, 2920 Doctors Crossing, Charlottesville, Virginia 22911. 17.3 The land upon which the Park Ditch river headgate is located is owned by the United States Department of Agriculture, U.S. Forest Service, P.O. Box 310, Pagosa Springs, Colorado 81147. 17.4 The land upon which a pumping station for lifting water from the Park Ditch to Dry Gulch Reservoir may be located is owned by Running Iron Ranch, LLC, 2980 East Highway 160, Pagosa Springs, Colorado 81147. 18. Remarks: Dry Gulch Reservoir is a proposed off-channel storage location with a maximum storage capacity of 35,300 ac-ft. The SJWCD owns a water storage right totaling 6,300 ac-ft for Dry Gulch Reservoir that was originally decreed in Case No. 73-308D, District Court Within and For the County of Archuleta, Colorado, which storage right the Co-applicants intend to utilize in conjunction with the water rights claimed herein. Findings of Reasonable Diligence on the SJWCD’s water storage right were most recently granted in Case No. 01CW41 by this Court on September 27, 2002. Dry Gulch Reservoir may be filled by pumped diversions from the Dry Gulch Pumping Station located on the San Juan River and from the Park Ditch, or by a combination from these structures. PAWSD is the owner of 10 shares of the Park Ditch Company. Use of the Park Ditch for filling Dry Gulch Reservoir shall be dependent on a separate agreement with the Park Ditch Company that takes into account the rights of PAWSD as a shareholder and any other terms agreed upon by the Co-applicants and the Park Ditch Company. The Dry Gulch Pumping Station will be designed to serve as a multiple-purpose structure for diverting water to storage in Dry Gulch Reservoir, and for direct use and/or storage throughout the PAWSD municipal water system. The Dry Gulch Pumping Station may consist of a surface diversion from the San Juan River, an infiltration gallery in the alluvial gravels of the San Juan River, or a combination of such structures in order to maximize the efficiency of the intake system. Eventual connection of the Dry Gulch Pumping Station to the PAWSD municipal water system will likely consist of pipelines from the Dry Gulch Pumping Station to Dry Gulch Reservoir, to Snowball Water Treatment Plant or other treatment plants, and potentially to other delivery points within the PAWSD water system. WHEREFORE, Co-applicants respectfully request a judgment and decree of this Court that: 1. Confirms appropriation priorities and amounts of the direct flow and water storage rights claimed herein. 2. Such other relief as the Court deems proper. (6 pages) 04CW86; La Plata County, Water District No. 30: 1) Applicant: Falls Creek Ranch Association, Inc., Attn: Thomas L. Jones, President, 6350 Falls Creek Main, Durango, CO 81301. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1075 Main Ave., Suite 215, Durango, CO 81301. 3) Name & Type of

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Structures: Falls Creek Well Nos. 1-4. Falls Creek Well No. 3 is also known and decreed as Wyckoff Well #1. 4) Type of Application: Application for change of water rights and new underground water right. 5) Drainage Basin: The wells divert groundwater tributary to Falls Creek, tributary to the Animas River Basin. 6) Locations: The wells are located in Falls Creek Ranch Subdivision (‘the Ranch”), within Sections 9 and 16, T36N, R9W, NMPM, La Plata County, Colorado. Precise locations are set forth in the application and the map attached thereto. 7) Type of Use: Domestic and commercial uses within the Ranch, including in-house use, irrigation (including lawn and garden irrigation), landscaping, fire protection, domestic animal watering, and Ranch maintenance. 8) Quantities: Well #1: 0.111 cfs (50 gpm) existing decreed absolute water right; Well #2: 0.111cfs (50 gpm) existing decreed absolute water right; Well #3: 0.0355 (16 gpm) existing decreed absolute water right; Well #4: 0.053 cfs (24 gpm) new absolute water right. 9) Proposed Change and New Water Right: Applicant proposes to divert the water rights decreed to Falls Creek Well #s 1-3 (combined total of 116 gallons per minute) through any combination of Falls Creek Well #s 1-4. Additionally, Applicant seeks a new water right for Well #4 for 24 gpm, or up to 90 gpm in the event that Well #4 is not decreed as an alternate point of diversion for water decreed to Well #1-3. 10)Additional Information: See application. (6 pages) Case Number 04CW87, IN THE MATTER OF THE WATER RIGHTS APPLICATION OF: ANIMAS WATER COMPANY, in La Plata County, Colorado, Applicant, by: Nancy Agro, 1040 Main Avenue, Durango, CO 81301, (970) 247-1113, Application for Conditional Water Right, and for Confirmation of Existing Decrees; Conditional Water Rights: Name and legal description of of wells: (1) The Smith Well: NE/4 SE/4 Section 3, Township 36 North, Range 9 West. N.M.P.M., La Plata County; 2438 feet from the South section line and 400 feet from the east section line; (2) The Chapin Well: NW/4 SE/4 SE/4 of Section 25, Township 37 N. Range 9 West, N.M.P.M. at a point 1067 feet from the South Section Line and 1090 feet from the East Section Line; (3) Red Rock Well: NE/4 NE/4 Section 10, Township 36 North, Range 9 West, N.M.P.M. 835 feet from the North Section Line and 861 feet from the East Section line; (4) Hermosa Meadows Well: NW/4 SW/4 Section 11, Township 36 North, Range 9 West, N.M.P.M. 2,500 from the South Section line and 180 feet from the West Section line; (5) Dillon Well: 13S 0250110, UTM 414 2690; Source: Hermosa Creek and Animas River; Date of Appropriation: October 8, 2004; Amount claimed: 4.5 c.f.s., conditional. The conditional water rights applied for herein may be used at any of the five wells sites referenced above, with up two wells drilled within 200 feet of any site listed above. These conditional rights are in addition to all other absolute and conditional water rights associated with the above referenced wells; Proposed Use: All uses associated with a rural water system including but not limited to domestic, commercial, industrial, lawns and gardens, orchards, livestock, fire flow, recreation, fishery, evaporation from and filling of small ponds and water features, storage at an offstream location associated with water treatment facilities, exchange with other treated water systems, and other beneficial uses; Place of Use: The water will be used in the AWC service area as defined by its operating documents on file with the Colorado Secretary of State. II. Confirmation of Existing Decrees; Information regarding Current Decrees: (A) Case Number, 94 CW 80, Division 7, Chapin Well, 1 c.f.s absolute for domestic use within the Animas Water Company Service Area, (B) Case Number 96 CW 102, Division 7, Red Rocks Well, 400 g.p.m. absolute, for domestic use within the Animas Water Company Service Area, (C) Case Number 96 CW 106, AWC Hermosa Meadows Well, .89 c.f.s absolute for domestic use within the Animas Water Company Service Area, (D) Case Number 02 CW 118, Smith Well, 1 c.f.s conditional for domestic use within the Animas Water Company Service Area; Confirmation of Service Area: The service area for the Animas Water Company is defined by its operating documents filed with the Colorado Secretary of State, which includes service anywhere in La Plata County, Colorado; Confirmation of existing uses: The Animas Water Company presently provides water for the following uses covered by the existing decrees: All uses associated with a rural water system including but not limited to in-house use, lawns and gardens, orchards, livestock, fire flow, recreation, fishery, evaporation from and filling of small ponds and water features, commercial, industrial storage at an offstream location associated with water treatment facilities, exchange with other treated water systems, and other beneficial uses. (4 pages) CASE NUMBER 04CW88, IN THE MATTER OF THE WATER RIGHTS APPLICATION OF: ANIMAS CONSOLIDATED DITCH COMPANY, in La Plata County, Colorado. re: Use of Water Rights. Applicant, Animas Consolidated Ditch Company, c/o Nancy Agro, McDANIEL, BATY, MILLER, AGRO, WALES & ROBBINS, L.L.C., 1040 Main Avenue, Durango, CO 81301. Decreed name of structures affected by this decree: (indicate whether ditch, well, springs, reservoir, etc.): Animas

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Consolidated Ditch and Enlargement; Information from previous Decree: All decrees are from Water Division 7, (A) Animas Consolidated Ditch Enlargement, Case Number 1751, Decree entered November 18, 1923, 11 and 25/44 CFS for irrigation of 355 acres with an appropriation date January 1, 1875 and 50 c.f.s for irrigation of 1800 acres, with appropriation date of January 17, 1898. (B) Case Number 1751-B, entered May 3, 1968, for 11 c.f.s absolute for domestic and stock water and for the irrigation of 330 acres, with appropriation date of July 6, 1964. 1968-80 (C) Case Number W-80 CW 78, entered October 30, 1980 Priority Number 1968-80, 2.0 c.f.s absolute for irrigation, domestic, and stock watering, appropriation date February 20, 1965. (D) Case Number W-1218-74, entered April 15, 1976 change 1.0 c.f.s. to the Animas Consolidated Ditch for domestic, stock watering, irrigation, with priority #179, date of appropriation December 15, 1903, Decree #1751, November 8, 1923. (E) Case Number W-1219-74, entered April 15, 1976; Change 1.333 c.f.s. to Animas Consolidated Ditch Co. For domestic, stock watering and irrigation; Priority #166, date of appropriation October 23, 1901, Decree 1751, November 8, 1923. (F) Case Number W-1220-74, entered April 15, 1976, Change .4154 c.f.s. to Animas Consolidated Ditch for domestic, stock watering and irrigation, Priority #20, date of appropriation April 6, 1877, Decree #1751, November 8, 1923. (G) Case Number W-1221-74, entered March 25, 1976, Change .625 c.f.s. to the Animas Consolidated Ditch for irrigation and domestic, appropriation date April 15, 1884, Decree #1751, November 8, 1923. (H) Case Number W651, entered November 10, 1975, 8.0 c.f.s absolute to the Animas Consolidated Ditch for irrigation, domestic, fish culture and stock water, Priority Number 1968-80, appropriation date February 20, 1965. (I) Case Number 92 CW 10, Change 2 shares of water in the Animas Consolidated Ditch Company (equivalent of .125 c.f.s of water from all decrees) to include storage for fish and wildlife purposes and for maintaining a wildlife habitat on 11.95 acres. The Animas Consolidated Ditch Company shareholders presently use decreed water for the following uses: irrigation, livestock watering including livestock ponds, fire flow, recreation, fishery, evaporation from and filling of small ponds and water features, wetlands, domestic, and other beneficial uses, and desires a decree reflecting the incorporation of all of these uses for all water decreed to it. The purpose of this application is to incorporate all of the above stated uses into a single decree. The Animas Consolidated Ditch Company has acquired various water rights with different and/or overlapping uses. This water right is requested so that the ditch company can deliver water to its shareholders in accordance with the amount of water represented by shares, without distinguishing between different decrees for different uses. In the alternative, the Animas Consolidated Ditch Company seeks a change of use to add any uses not previously decreed. The water shall continue to be diverted at the historical diversion points and used on historic place of use. (3 pages) Case Number 04CW89, IN THE MATTER OF THE WATER RIGHTS APPLICATION OF: EDWIN A. ZINK, in La Plata County, Colorado. By Nancy Agro, 1040 Main Avenue, Durango, CO 81301, (970) 247-1113 Application re: Use of Water Rights, Decreed name of structures affected by this decree: Waterfall Ditch, Information from previous Decree: All decrees are from Water Division 7, (A) Case Number 1751, entered November 8, 1923, Priority Number 7, 2.0 c.f.s absolute for domestic and irrigation; point of diversion at a point whence the E/4 corner of Section 28, Township 36 North, Range 9 West, N.M.P.M. bears S 59_00' E, 1,790.0 feet; (B) Case Number W-1049-73, entered August 17, 1973, Changed point of diversion of .50 c.f.s. to a point from the SE corner of Section 28, Township 236 North, Range 9 West, N.M.P.M., new heading bears N26_55' W, 4,074.71 feet; (C) Case Number 98 CW 87, entered February 15, 2002, provided an alternative point of diversion for .5 c.f.s in the SW/4, NW/4, Section 27, Township 36 North, Range 9 West, N.M.P.M., La Plata County, Colorado, being approximately 1500 South and 100 feet East of the Northwest corner of said Section 27, and added use for supplemental irrigation and domestic of 36.1 acres; Use: irrigation, livestock watering including livestock ponds, fire flow, recreation, fishery, evaporation from and filling of small ponds and water features, wetlands, domestic, and other beneficial uses, and power generation; Ponds: There are three ponds on the property that fill with water decreed to the applicant. All three ponds are located near the alternate point of diversion decreed in Case Number 98 CW 87 as set forth above. The dimensions of the ponds are as follows: Ponds #1 and #2: (each) Volume is no more than .31 acre feet. Surface area is .052 acres (length is 150 feet, width is 15 feet, depth is 6 feet; Pond #3: Volume is no more than 2.43 acre feet, surface area is .41 acres. (diameter is 150 feet, depth is 6 feet; Structures are located on Applicant’s property; The purpose of this application is to clarify the uses for which the water has been historically used, and which are covered by the existing decrees. In the alternative, applicant is seeking either a change of water right to include the afore-

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referenced uses, or a new water right for any uses not so decreed; The water shall continue to be diverted at the historical diversion points and used on historic place of use. (3 pages) 04CW90; La Plata County, Water District No. 30: 1) Applicant: Canalis Holding Corp., c/o John Singleton, 19 Lakeshore Dr., Key Largo, FL 33037. 2) Attorney: Geoffrey M. Craig, Geoffrey M. Craig LLC, 1075 Main Ave., Suite 215, Durango, CO 81301. 3) Name & Type of Structures: Dicesare Collection System #1 (“DCS#1"); Dicesare Collection System #2 (“DCS#2"); Dicesare Collection System #3 (“DCS#3"); Dicesare Pond #1; and Dicesare Pond #2. 4) Type of Application: Application for surface and storage rights. 5) Drainage Basin: The sources for the water rights are seeps and springs on Applicant’s property, located in the Florida River Basin (See map attached to application). 6) Locations: The water rights are in the SW1/4 of Section 32, T37N, R7W, NMPM, as more precisely described in the application and map attached thereto. 7) Type of Use: Domestic, stockwatering, fire protection, piscatorial, and irrigation of 15 acres on Applicant’s property, as described on the map attached to the application. 8) Quantities: DCS#1: 0.05 cfs (22.5 gpm) absolute; DCS#2: 0.133 cfs (60 gpm) absolute; DCS#3: 0.133 cfs (60 gpm) absolute; Dicesare Pond #1: 0.50 acre-feet conditional; Dicesare Pond #2: 0.05 acre-feet absolute. 9) Additional Information: See application for additional details. (6 pages) 04CW91, (98CW1, 89CW86) LA PLATA COUNTY, COLORADO, APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF DURANGO MOUNTAIN LAND COMPANY LLC, c/o Steven J. Bushong, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 1. Name, address and telephone number of applicant: Durango Mountain Land Company LLC, (Successor in interest to T-H Land Company), c/o #1 Skier Place, Durango, Colorado 81301, (303) 247-9000. 2. Name of structures: T-H Wells Nos. 1, 2, 3, 4, 5, 6 and 7. 3. Description of conditional water rights: A. Decreed on January 31, 1992, in Case No. 89CW86, in District Court, Water Division 7. B. Legal descriptions of each point of diversion: 1. T-H Well No. 1 (Permit No. 038026-F): In the SE1/4 of Section 13, Township 39 North, Range 9 West, New Mexico Principal Meridian, in San Juan County, Colorado, at a point whence the South 1/4 corner of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian bears S 05°21'W, 7718.9 feet. 2. T-H Well No. 2 (Permit No. 038027-F): In the SE1/4 of Section 13, Township 39 North, Range 9 West, New Mexico Principal Meridian, in San Juan County, Colorado, at a point whence the South 1/4 corner of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian bears S 09°13'W, 5813.8 feet. 3. T-H Well No. 3 (Permit No. 038028-F): In the SE1/4 of Section 13, Township 39 North, Range 9 West, New Mexico Principal Meridian, in San Juan County, Colorado, at a point whence the South 1/4 corner of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian bears S 03°21'W, 6209.9 feet. 4. T-H Well No. 4 (Permit No. 038029-F): In the NE1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, at a point whence the South 1/4 corner of said Section 24 bears S 21°31'W, 4200.0 feet. 5. T-H Well No. 5 (Permit No. 038631-F): In the NE1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, at a point whence the South 1/4 corner of said Section 24 bears S 10°48'W, 4356.3 feet. 6. T-H Well No. 6 (Permit No. 038632-F): In the NE1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, at a point whence the South 1/4 corner of said Section 24 bears S 11°27'W, 3729.8 feet. 7. T-H Well No. 7 (Permit No. 038030-F): In the SE1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, at a point whence the South 1/4 corner of said Section 24 bears S 00°25'E, 2365.0 feet. C. Source: McCracken Sandstone. (Each well will be drilled to a depth of approximately 150 to 250 feet). D. Appropriation Date: April 25, 1988. E. Amount claimed: 0.115 cfs for each well (conditional). F. Uses: Municipal, irrigation, domestic, commercial, recreation, augmentation, exchange, storage, snowmaking, including irrigation of a golf course consisting of approximately 200 acres to be constructed in Sections 13 and 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, San Juan and La Plata Counties. 4. Outline of work done to complete project and apply water to beneficial use with respect to the conditional water rights: During this diligence period, in continuing the development of its conditional water rights, Applicant or its related entities were engaged in the legal defense and protection of said water rights, and was diligent in the continued use and development of its conditional water rights. Those activities include but are not limited to the following: A. Completion and County approvals of Infrastructure Master Plans, including those involving water, waste water, drainage, snow removal, recreation and other matters as steps in developing Applicant’s conditional water rights. The subject conditional water rights are included in the

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Master Plan. B. Completion and County approvals of a detailed Durango Mountain Resort Plan including plans for development of residential and commercial space, subdivision preliminary plats, and plans for improvements necessary for the development. All such planning and approvals are steps taken in developing Applicant’s conditional water rights. C. Planning, design and/or construction was completed for various water main extensions, fire protection hydrants, service taps, water treatment facilities, well fields and other water infrastructure. The estimated cost of completing all such currently planned improvements exceeds $6 million. This does not include related waste water and other improvements. D. Work on an environmental impact statement for expansion and upgrades within the ski boundaries, including water supply and snow making issues. E. In developing other water rights that are part of the Applicant’s integrated water supply, Applicant conducted during the diligence period pumping tests, yield quantification, water quality testing, permitting, construction and groundwater monitoring. F. The conditional water rights at issue in this application are a key component of an integrated water supply system that will serve the ski resort and related development. 5. The name and address of the owner of the land on which the dams are located, upon which the water is diverted, and upon which water will be placed to beneficial use: Structures are located on Applicant’s land. Water will be used on land owned by Applicants or its related entities and also used on U.S. Forest Service land for snowmaking. WHEREFORE, Applicant requests that this Court enter a decree that finds Applicant has exercised reasonable diligence in the development of the subject conditional water rights, that continues the conditional status of the rights, and for such other and further relief as this Court deems just and proper. (5 pages) 04CW92 (98CW2, 89CW87) IN LA PLATA COUNTY, COLORADO, APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF DURANGO MOUNTAIN LAND COMPANY LLC. c/o Steven J. Bushong, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 1. Name, address and telephone number of applicant: Durango Mountain Land Company LLC, (Successor in interest to T-H Land Company), c/o #1 Skier Place, Durango, Colorado 81301, (303) 247-9000. 2. Name of structures: A. Old Entry Reservoir. B. Million Dollar Reservoir. C. Holly Reservoir. D. Goff Reservoir. E. Lamay Reservoir. F. Lily Pond Reservoir. 3. Description of conditional water rights: A. Decreed on January 31, 1992, in Case No. 89CW87, in District Court, Water Division 7. B. Legal descriptions of reservoirs: 1. Old Entry Reservoir: Located in the NE1/4 and the NW1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, being more particularly described as beginning at a point on the center of the dam whence the South 1/4 corner of said Section 24 bears S 00°38'W, 3110.8 feet; thence N 20°00'W, 350.0 feet along the center of the dam. 2. Million Dollar Reservoir: Located in the NE1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, and the SE1/4 of Section 13, Township 39 North, Range 9 West, New Mexico Principal Meridian, in San Juan County, Colorado, being more particularly described as beginning at a point on the center of the dam whence the South 1/4 corner of said Section 24 bears S 07°23'W, 4679.8 feet; thence N 06°00'E, 280.0 feet along the center of the dam; thence North, 325.0 feet along the center of the dam. 3. Holly Reservoir: Located in the NE 1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, being more particularly described in the beginning at a point on the center of the dam whence the South 1/4 corner of said Section 24 bears S 12°27'W, 4627.9 feet; thence N 70°00'W, 175.00 feet along the center of the dam. 4. Goff Reservoir: Located in the NE1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, being more particularly described as beginning at a point on the center of the dam whence the South 1/4 corner of said Section 24 bears S 18°54'W, 5048.7 feet; thence N 50°00'E, 100.00 feet along the center of the dam. 5. Lamay Reservoir: Located in the SE1/4 of Section 13, Township 39 North, Range 9 West, New Mexico Principal Meridian, San Juan County, Colorado, being more particularly described as beginning at a point on the center of the dam whence the South 1/4 corner of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian bears S 06°58'W, 7864.0 feet; thence N 30°00'E, 120.00 feet along the center of the dam. 6. Lily Pond Reservoir: Located in the NE1/4 and the NW1/4 of Section 13, Township 39 North, Range 9 West, New Mexico Principal Meridian, in San Juan County, Colorado, being more particularly described as beginning at a point on the center of the dam whence the South 1/4 corner of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian bears S 00°45'E, 7416.4 feet; thence N 85°00'E, 420.0 feet along the center of the dam; thence N 06°00'W, 480.0 feet along the center of the dam. C. Source: Cascade Creek, tributary to the Animas River. D. Appropriation Date: April

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25, 1988. E. Amount claimed in acre-feet: 1. Old Entry Reservoir: 90 acre-feet (conditional). 2. Million Dollar Reservoir: 20 acre-feet (conditional). 3. Holly Reservoir: 12 acre-feet (conditional). 4. Goff Reservoir: 10 acre-feet (conditional). 5. Lamay Reservoir: 10 acre-feet (conditional). 6. Lily Pond Reservoir: 33 acre-feet (conditional). F. Uses: Municipal, irrigation, domestic, commercial, recreation, augmentation, piscatorial, exchange, fire protection, snowmaking, including irrigation of approximately 15 acres of lawns and approximately 200 acres in a golf course to be located in Sections 13 and 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, San Juan and La Plata Counties. G. Surface area of high water line: 1. Old Entry Reservoir: approximately 10.0 acres. 2. Million Dollar Reservoir: approximately 2.2 acres. 3. Holly Reservoir: approximately 2.3 acres. 4. Goff Reservoir: approximately 1.6 acres. 5. Lamay Reservoir: approximately 1.0 acres. 6. Lily Pond Reservoir: approximately 4.2 acres. H. Maximum height of dam in feet: approximately 9 feet for each reservoir. I. Length of dam in feet: 1. Old Entry Reservoir: 350 feet. 2. Million Dollar Reservoir: 605 feet. 3. Holly Reservoir: 175 feet. 4. Goff Reservoir: 100 feet. 5. Lamay Reservoir: 120 feet. 6. Lily Pond Reservoir: 900 feet. J. Total capacity of reservoir in acre-feet: 1. Active capacity: a. Old Entry Reservoir: 80 acre-feet. b. Million Dollar Reservoir: 15 acre-feet. c. Holly Reservoir: 12 acre- feet. d. Goff Reservoir: 10 acre-feet. e. Lamay Reservoir: 10 acre-feet. f. Lily Pond Reservoir: 28 acre-feet. 2. Dead storage: a. Old Entry Reservoir: 10 acre-feet. b. Million Dollar Reservoir: 5 acre-feet. c. Holly Reservoir: 0 acre- feet. d. Goff Reservoir: 0 acre-feet. e. Lamay Reservoir: 0 acre-feet. f. Lily Pond Reservoir: 5 acre-feet. 4. Outline of work done to complete project and apply water to beneficial use with respect to the conditional water rights: During this diligence period, in continuing the development of its conditional water rights, Applicant or its related entities were engaged in the legal defense and protection of said water rights, and was diligent in the continued use and development of its conditional water rights. Those activities include but are not limited to the following: Completion and County approvals of Infrastructure Master Plans, including those involving water, waste water, drainage, snow removal, recreation and other matters as steps in developing Applicant’s conditional water rights. The subject conditional water rights are included in the Master Plan. A. Completion and County approvals of a detailed Durango Mountain Resort Plan including plans for development of residential and commercial space, subdivision preliminary plats, and plans for improvements necessary for the development. All such planning and approvals are steps taken in developing Applicant’s conditional water rights. B. Planning, design and/or construction was completed for various water main extensions, fire protection hydrants, service taps, water treatment facilities, well fields and other water infrastructure. The estimated cost of completing all such currently planned improvements exceeds $6 million. This does not include related waste water and other improvements. C. Work on an environmental impact statement for expansion and upgrades within the ski boundaries, including water supply and snow making issues. D. In developing other water rights that are part of the Applicant’s integrated water supply, Applicant conducted during the diligence period pumping tests, yield quantification, water quality testing, permitting, construction and groundwater monitoring. E. The conditional water rights at issue in this application are a key component of an integrated water supply system that will serve the ski resort and related development. 5. The name and address of the owner of the land on which the dams are located, upon which the water is stored, and upon which water will be placed to beneficial use: Structures are located on Applicant’s land. Water will be used on land owned by Applicants or its related entities and also used on U.S. Forest Service land for snowmaking. WHEREFORE, Applicant requests that this Court enter a decree that finds Applicant has exercised reasonable diligence in the development of the subject conditional water rights, that continues the conditional status of the rights, and for such other and further relief as this Court deems just and proper. (6 pages) 04CW93, (98CW3, 89CW88) IN LA PLATA COUNTY, COLORADO, APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF DURANGO MOUNTAIN LAND COMPANY LLC. c/o Steven J. Bushong, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 1. Name, address and telephone number of applicant: Durango Mountain Land Company LLC (Successor in interest to T-H Land Company), c/o #1 Skier Place, Durango, Colorado 81301, (303) 247-9000. 2. Name of structures: A. Treatment Plant Discharge. B. Treatment Plant Collection System. 3. Description of conditional water rights: A. Decreed on January 31, 1992, in Case No. 89CW88, in District Court, Water Division 7. B. Legal descriptions of each point of diversion: 1. Treatment Plant Discharge: Located in the NE1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, at a point whence the South 1/4 corner of said

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Section 24 bears 20°27'W, 3485.1 feet. 2. Groundwater Collection System (Well Permit No. 038630-F): Located in the NE1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, at a point whence the South 1/4 corner of said Section 24 bears S 11°07'W, 3468.9 feet. C. Appropriation Date: December 20, 1989. D. Amount claimed: 1. Treatment Plant Discharge: 0.55 cfs (conditional). 2. Collection System: 0.25 cfs (conditional). F. Uses: Municipal, irrigation, augmentation, exchange, storage, including irrigation of approximately 15 acres of lawns and approximately 200 acres in a golf course to be located in Sections 13 and 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, San Juan and La Plata Counties. 4. Outline of work done to complete project and apply water to beneficial use with respect to the conditional water rights: During this diligence period, in continuing the development of its conditional water rights, Applicant and its related entities were engaged in the legal defense and protection of said water rights, and were diligent in the continued use and development of its conditional water rights. Those activities include but are not limited to the following: A. Completion and County approvals of Infrastructure Master Plans, including those involving water, waste water, drainage, snow removal, recreation and other matters as steps in developing Applicant’s conditional water rights. The subject conditional water rights are included in the Master Plan. B. Completion and County approvals of a detailed Durango Mountain Resort Plan including plans for development of residential and commercial space, subdivision preliminary plats, and plans for improvements necessary for the development. All such planning and approvals are steps taken in developing Applicant’s conditional water rights. C. Planning, design and/or construction was completed for various water main extensions, fire protection hydrants, service taps, water treatment facilities, well fields and other water infrastructure. The estimated cost of completing all such currently planned improvements exceeds $6 million. This does not include related waste water and other improvements. D. Work on an environmental impact statement for expansion and upgrades within the ski boundaries, including water supply and snow making issues. E. In developing other water rights that are part of the Applicant’s integrated water supply, Applicant conducted during the diligence period pumping tests, yield quantification, water quality testing, permitting, construction and groundwater monitoring. F. The conditional water rights at issue in this application are a key component of an integrated water supply system that will serve the ski resort and related development. 5. The name and address of the owner of the land on which the structures are located, upon which the water is diverted, and upon which water will be placed to beneficial use: Structures are located on Applicant’s land. Water will be used on land owned by Applicants or its related entities. WHEREFORE, Applicant requests that this Court enter a decree that finds Applicant has exercised reasonable diligence in the development of the subject conditional water rights, that continues the conditional status of the rights, and for such other and further relief as this Court deems just and proper. (4 pages) 04CW94, (98CW4, 89CW89) IN LA PLATA COUNTY, COLORADO, APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF DURANGO MOUNTAIN LAND COMPANY LLC. c/o Steven J. Bushong, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 1. Name, address and telephone number of applicant: Durango Mountain Land Company LLC, (Successor in interest to T-H Land Company), c/o #1 Skier Place, Durango, Colorado 81301, (303) 247-9000. 2. Name of structures: A. Near Spring. B. Near-Far Spring. C. Far-Near Spring. D. Far-Far Spring. E. Lily Pond Spring. F. Lamay Spring. G. Corral Spring. 3. Description of conditional water rights: A. Decreed on January 31, 1992, in Case No. 89CW89, in District Court, Water Division 7. B. Legal descriptions of each point of diversion: 1. Near Spring: A point of diversion located in the SW1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, at a point whence the South 1/4 corner of said Section 24 bears S 15°01'E, 2688.2 feet. 2. Near-Far Spring: A point of diversion located in the SW1/4 of Section 13, Township 39 North, Range 9 West, New Mexico Principal Meridian, in San Juan County, Colorado, at a point whence the South 1/4 corner of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian bears S 01°52'E, 5906.2 feet. 3. Far-Near Spring: A point of diversion located in the NW1/4 of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, in La Plata County, Colorado, at a point whence the South 1/4 corner of said Section 24 bears S 02°45'E, 4947.3 feet. 4. Far-Far Spring: A point of diversion located in the SW1/4 of Section 13, Township 39 North, Range 9 West, New Mexico Principal Meridian, in San Juan County, Colorado, at a point whence the South 1/4 corner of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian bears S 01°55'E, 6392.9 feet. 5. Lamay Spring: A point of diversion located in the SE1/4 of Section 13, Township 39 North, Range 9 West,

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New Mexico Principal Meridian, in San Juan County, Colorado, at a point whence the South 1/4 corner of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian bears S 04°03'W, 7753.4 feet. 6. Lily Pond Spring: A point of diversion located in the SE1/4 of Section 13, Township 39 North, Range 9 West, New Mexico Principal Meridian, in San Juan County, Colorado, at a point whence the South 1/4 corner of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian bears S 00°50'E, 7784.8 feet. 7. Corral Spring (Collection Gallery): A collection gallery point of diversion located in the SE1/4 of Section 13, Township 39 North, Range 9 West, New Mexico Principal Meridian, in San Juan County, Colorado, at a point whence the South 1/4 corner of Section 24, Township 39 North, Range 9 West, New Mexico Principal Meridian bears S 01°23'W, 7111.1 feet. C. Source: Cascade Creek, tributary to the Animas River. D. Appropriation Date: April 25, 1988. E. Amount claimed in acre-feet: 1. Near Spring: 0.10 cfs (conditional). 2. Near-Far Spring: 0.25 cfs (conditional). 3. Far-Near Spring: 0.10 cfs (conditional). 4. Far-Far Spring: 0.10 cfs (conditional). 5. Lily Pond Spring: 0.10 cfs (conditional). 6. Lamay Spring: 0.10 cfs (conditional). 7. Corral Spring: 0.25 cfs (conditional). F. Uses: Municipal, irrigation, domestic, commercial, recreation, augmentation, exchange, storage, snowmaking, including irrigation of approximately 15 acres of lawns and approximately 200 acres of a golf course to be located in Sections 13 and 24, Township 39 North, Range 9 West, New Mexico Principal Meridian, San Juan and La Plata Counties. 4. Outline of work done to complete project and apply water to beneficial use with respect to the conditional water rights: During this diligence period, in continuing the development of its conditional water rights, Applicant or its related entities were engaged in the legal defense and protection of said water rights, and was diligent in the continued use and development of its conditional water rights. Those activities include but are not limited to the following: A. Completion and County approvals of Infrastructure Master Plans, including those involving water, waste water, drainage, snow removal, recreation and other matters as steps in developing Applicant’s conditional water rights. The subject conditional water rights are included in the Master Plan. B. Completion and County approvals of a detailed Durango Mountain Resort Plan including plans for development of residential and commercial space, subdivision preliminary plats, and plans for improvements necessary for the development. All such planning and approvals are steps taken in developing Applicant’s conditional water rights. C. Planning, design and/or construction was completed for various water main extensions, fire protection hydrants, service taps, water treatment facilities, well fields and other water infrastructure. The estimated cost of completing all such currently planned improvements exceeds $6 million. This does not include related waste water and other improvements. D. Work on an environmental impact statement for expansion and upgrades within the ski boundaries, including water supply and snow making issues. E. In developing other water rights that are part of the Applicant’s integrated water supply, Applicant conducted during the diligence period pumping tests, yield quantification, water quality testing, permitting, construction and groundwater monitoring. F. The conditional water rights at issue in this application are a key component of an integrated water supply system that will serve the ski resort and related development. 5. The name and address of the owner of the land on which the structures are located, upon which the water is diverted, and upon which water will be placed to beneficial use: Structures are located on Applicant’s land. Water will be used on land owned by Applicants or its related entities and also used on U.S. Forest Service land for snowmaking. WHEREFORE, Applicant requests that this Court enter a decree that finds Applicant has exercised reasonable diligence in the development of the subject conditional water rights, that continues the conditional status of the rights, and for such other and further relief as this Court deems just and proper. (5 pages)

2004CW95 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF CARIBOU HOLDINGS, LLC, IN ARCHULETA COUNTY, Application for Surface Water Rights 1. Applicant: Caribou Holdings, LLC David J. Brown, Manager c/o Bootjack Management Co. 12500 E. Hwy. 160 Pagosa Springs, CO 81147 (970) 264-7280 c/o: Wayne F. Forman, Esq., Adam T. DeVoe, Esq. Brownstein Hyatt & Farber, P.C., 410 17th Street, 22nd Floor, Denver, Colorado 80202 Telephone: (303) 223-1100 2. a. Name of Structure: Caribou Ditch. b. Legal description of point of diversion: SE ¼ NW ¼ of Section 13, T.36N., R.1W., N.M.P.M., 2,180 feet from the North section line and 2,200 feet from the West section line of Section 13. See Exhibit A. c. Source: Cummings Creek, a tributary to the West Fork of the San Juan River. d. i. Date of initiation of appropriation: December 16, 2004. ii. How initiated: By the concurrence of an intent to appropriate and overt acts manifesting that intent, including the posting of a notice of appropriation and identifying irrigable lands. iii. Date water applied to beneficial use: N/A. e.

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Amount claimed: 1.0 c.f.s., conditional. f. Proposed Use: Enhancement of the aesthetic and wildlife attributes on the Caribou Property (described below), stockwatering and irrigation of 25 acres on a 42.32 acre parcel of property located in a portion of the SE ¼ NW ¼ and the NE ¼ SW ¼ of Section 13, T.36N., R.1W., N.M.P.M., Archuleta County, Colorado (the "Caribou Property"). The Caribou Property is described on the attached Exhibit A and depicted on the attached Figure 1. g. Name and address of owner of land upon which facilities are to be built and water used: the Applicant. 3. a. Name of Structure: Caribou Spring. b. Legal description of point of diversion: SE ¼ NW ¼ of Section 13, T.36N., R.1W., N.M.P.M., 2,150 feet from the North section line and 2,280 feet from the West section line of Section 13. See Exhibit A. c. Source: a spring tributary to the West Fork of the San Juan River. d. i. Date of initiation of appropriation: December 16, 2004. ii. How initiated: By the concurrence of an intent to appropriate and overt acts manifesting that intent, including the posting of a notice of appropriation and identifying irrigable lands. iii. Date water applied to beneficial use: N/A. e. Amount claimed: 10 g.p.m., conditional. f. Proposed Use: Year-round enhancement of the aesthetics and wildlife attributes on the Caribou Property, stockwatering, and irrigation of 25 acres on the Caribou Property, as shown on Figure 1. g. Name and address of owner of land upon which facilities are to be built and water used: the Applicant. (7 pages) Case Number: 04CW96, IN ARCHULETA COUNTY, COLORADO, APPLICATION FOR WATER RIGHTS OF VALLEY VIEW RANCH LLC, c/o Steven J. Bushong, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. A. Name, address and telephone number of applicant: Valley View Ranch LLC, c/o Peter Gutman, 141 14th Street, P.O. Box 899, Pagosa Springs, CO 81147,(970) 264-2201. B. Name of Structures: 1. VVR Spring Collection Point No.1. 2. VVR Spring Collection Point No. 2. 3. VVR Spring Collection Point No. 3. 4. VVR Spring Collection Point No. 4. 5. VVR Spring Collection Point No. 5. 6. VVR Spring Collection Point No. 6. 7. VVR Spring Collection Point No. 7. 8. VVR Spring Collection Point No. 8. 9. VVR Spring Collection Point No. 9. 10. VVR Spring Collection Point No. 10. The above structures are collectively referred to herein as the Springs or Collection Points and represent collection points for a series of springs, seeps and other sources of surface and underground water located at and up-gradient from each Collection Point. C. Legal Description of Collection Points. 1. VVR Spring Collection Point No. 1. Located in the NE 1/4 NW 1/4 of Section 29, T35N, R1W, at a point 610 feet from the North Section line and 1885 feet from the West Section line of said Section 29, with UTM coordinates of E324654, N4124009. 2. VVR Spring Collection Point No. 2. Located in the NE 1/4 NW 1/4 of Section 29, T35N, R1W, at a point 890 feet from the North Section line and 1510 feet from the West Section line of said Section 29, with UTM coordinates of E324539, N4123926. 3. VVR Spring Collection Point No. 3. Located in the NW 1/4 NW 1/4 of Section 29, T35N, R1W, at a point 1215 feet from the North Section line and 1140 feet from the West Section line of said Section 29, with UTM coordinates of E324426, N4123829. 4. VVR Spring Collection Point No. 4. Located in the SE 1/4 NW 1/4 of Section 29, T35N, R1W, at a point 1600 feet from the North Section line and 1445 feet from the West Section line of said Section 29, with UTM coordinates of E324521, N4123709. 5. VVR Spring Collection Point No. 5. Located in the SE 1/4 NW 1/4 of Section 29, T35N, R1W, at a point 1865 feet from the North Section line and 1630 feet from the West Section line of said Section 29, with UTM coordinates of E324579, N4123629. 6. VVR Spring Collection Point No. 6. Located in the SE 1/4 NW 1/4 of Section 29, T35N, R1W, at a point 2240 feet from the North Section line and 1890 feet from the West Section line of said Section 29, with UTM coordinates of E324656, N4123509. 7. VVR Spring Collection Point No. 7. Located in the SE 1/4 NE 1/4 of Section 30, T35N, R1W, at a point 2555 feet from the North Section line and 15 feet from the East Section line of said Section 30, with UTM coordinates of E324064, N4123425. 8. VVR Spring Collection Point No. 8. Located in the NW 1/4 NW 1/4 of Section 29, T35N, R1W, at a point 15 feet from the North Section line and 525 feet from the West Section line of said Section 29, with UTM coordinates of E324245, N4124199. 9. VVR Spring Collection Point No. 9. Located in the SE 1/4 NW 1/4 of Section 29, T35N, R1W, at a point 2385 feet from the North Section line and 2095 feet from the West Section line of said Section 29, with UTM coordinates of E324713, N4123466. 10. VVR Spring Collection Point No. 10. Located in the NW 1/4 NE 1/4 of Section 30, T35N, R1W, at a point 1125 feet from the North Section line and 1285 feet from the East Section line of said Section 30, with UTM coordinates of E323686, N4123891. All above legal descriptions are in Archuleta County, Colorado in the N.M.P.M. The datum for the UTM coordinates is NAD 83 CONUS, UTM Zone 13, with E = Easting and N = Northing. The location of the Collection Points is denoted in the attached location map that is incorporated herein. D. Source. The source of water for the Collection Points is native groundwater and seepage tributary to unnamed drainages, that are

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tributary to Mill Creek, tributary to the San Juan River, as well as irrigation return flows and wastewater from water imported into the unnamed drainages by the Applicant and adjoining landowners from the Park Ditch (San Juan River), Colton and Montroy Ditch (Mill Creek and Park Ditch water) and Echo Ditch (Little Blanco River). All Collection Points except for No. 9 receive return flows and wastewater from the Colton and Montroy Ditch and Park Ditch, and all Collection Points except Nos. 1, 2 and 8 receive return flows and wastewater from Echo Ditch. E. Amount Claimed: 1. VVR Spring Collection Point No. 1. 0.1 cfs (conditional). 2. VVR Spring Collection Point No. 2. 0.25 cfs (conditional). 3. VVR Spring Collection Point No. 3. 0.4 cfs (conditional and absolute). 4. VVR Spring Collection Point No. 4. 0.3 cfs (conditional). 5. VVR Spring Collection Point No. 5. 0.25 cfs (conditional). 6. VVR Spring Collection Point No. 6. 0.1 cfs (conditional and absolute). 7. VVR Spring Collection Point No. 7. 0.25 (conditional). 8. VVR Spring Collection Point No. 8. 0.15 cfs (conditional). 9. VVR Spring Collection Point No. 9. 0.1 cfs (conditional). 10. VVR Spring Collection Point No. 10. 0.5 cfs (conditional). F. Proposed Uses: Irrigation, stockwater, equestrian, domestic, storage, piscatorial, wildlife, aesthetic, recreation, replacement of evaporation, commercial, fire protection, augmentation and exchange, all associated with an existing ranch and planned development. Irrigation will occur in Sections 20, 21, 28, 29 and 30, T35N, R1W, of the N.M.P.M., in Archuleta County, Colorado, and include lawns, gardens, pastures, golf course and other irrigation uses. All uses are conditional at this time with the exception of the limited existing uses noted below which are absolute. G. Date of Appropriation. 1. November 5, 2004, is claimed for all conditional uses based upon formation of the requisite intent coupled with actions sufficient to put third parties on notice, including a site visit by the water resources consultants during which the location of the Springs were staked. 2. 1970 is claimed for existing storage, irrigation, stockwater and piscatorial uses associated with VVR Spring Collection Point No. 3. The existing uses are claimed absolute and future uses claimed conditional. 3. 1950 is claimed for existing domestic use associated with VVR Spring Collection Point No. 6. The existing uses are claimed absolute and future uses claimed conditional. H. Name of Owner of Land Upon Which Structures Are Located: All structures and uses of water are located on land that Applicant has under contract and that is currently owned by James Walter Frazier, Jr., whose address is P.O. Box 1175, Minden, Louisiana 71058. WHEREFORE, Applicant requests this Court enter a decree which: 1. Grants the conditional and absolute water rights set forth above; 2. Grants Applicant such other relief as the Court deems just and proper. (7 pages) 2004CW97 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF DAVID J. BROWN AND KOINONIA, LLC, IN MINERAL COUNTY, Application for Ground Water Rights, Surface Water Rights, Correction of Error in Decree in Case W-1858-78, Termination of Plan for Augmentation Decreed in Case No. 83CW144, and New Plan For Augmentation A. Applicant: David J. Brown and Koinonia, LLC, Attn: David J. Brown, Manager, c/o Bootjack Management Co., 12500 E. Hwy. 160, Pagosa Springs, CO 81147, (970) 264-7280, c/o: Brownstein Hyatt & Farber, P.C. Attn. Wayne F. Forman, Esq. and Adam T. DeVoe, Esq., 410 17th Street, 22nd Floor, Denver, Colorado 80202, Telephone: (303) 223-1100 B. New Ground Water Rights: 1. Wolf Creek Village Well #1 a. Legal Description: NE¼NE¼ Section 20, T.37N., R.1E., N.M.P.M., 404 feet from the North Section line and 158 feet from the East Section line. See attached Exhibit A. b. Source: groundwater tributary to the West Fork of the San Juan River (hereinafter the "West Fork"). c. Depth: 107 feet. d. i. Appropriation Date: July 1981. ii. How initiated: Improvement of well. e. Amount: 0.38 c.f.s. (170 g.p.m.), Absolute, in addition to 0.066 c.f.s. (30 g.p.m.), conditional, not to exceed 6.45 AF per year, previously decreed in Case No. 80CW220 on December 31, 1980, and continued in full force and effect by the decree entered in Case No. 98CW37. f. Uses: Commercial, domestic, stock watering, fire fighting, piscatorial, aesthetics, freshening flows in the Village Lake Reservoir and irrigation of 20 acres in the SE¼NE¼ Sec. 20, T.37N., R.1E., N.M.P.M., as shown on the attached Exhibit A. g. Original Well Permit #28425-F; New Permit No.: 60127-F. 2. Newton Homestead Well. a. Legal description: SW¼NE¼ Section 32, T.37N., R.1E., N.M.P.M., 1,520 feet from North section line and 2,150 feet from East section line of said Section 32. See Exhibit A. b. Source: Groundwater tributary to the West Fork. c. Depth: 220 feet. d. i. Appropriation Date: August, 2001. ii. How initiated: Formation of intent to appropriate, together with overt acts in furtherance of that intent, including filing an application for a well permit. e. Amount claimed: 0.022 c.f.s. (10 g.p.m.), Absolute, not to exceed 1.0 acre-feet per year. f. Use: Domestic in up to three (3) residences, non-commercial domestic animal watering and irrigation of lawns and gardens not to exceed 1.0 acre. To be used in combination with Newton Spring and Pipeline through a common 1,000 gallon cistern (two plastic tanks of 500 gallons each) to irrigate 10 acres. The Newton Spring Pipeline was decreed in Case 73-308D

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on December 19, 1968, for 0.2 c.f.s., domestic uses, priority 1968-151, appropriation date June 2, 1959. g. Permit: Permit No. 234489, issued August 14, 2001 for an exempt well. h. Applicant requests that the Newton Homestead Well be decreed as an exempt well pursuant to C.R.S. §§37-92-602(1)(b) and 602(4). 4. Well WS-5. a. Legal Description: NE¼SW¼, Section 32, T.37N., R.1E., N.M.P.M., 2,260 feet from the South section line and 1,980 feet from the West section line of Section 32. See Exhibit A. b. Source: Groundwater tributary to the West Fork. c. Depth: 67.5 feet. d. i. Appropriation Date: May, 2003. ii. How initiated: By application of water to beneficial use. e. Amount: 0.89 cfs (400 g.p.m.), Absolute. f. Use: Irrigation of 100 acres located in the W½ Section 32, T.37N., R.1E., N.M.P.M., lying east of the West Fork. See map attached as Exhibit A. g. Prior Permit: 27007-F, new permit applied for on August, 2004, #61415-F. h. Prior Decree: 93CW140 (Due Diligence 88CW86, but not continued thereafter). 5. Inn at the Pass Well. a. Legal Description: N½SE¼ NE¼, Section 20, T.37N, R.1E., N.M.P.M., 1,808.51 feet from the North section line and 980 feet from the East section line. See Exhibit A. b. Source: Groundwater tributary to the West Fork. c. Depth: 7.8 feet. d. i. Appropriation Date: 1990. ii. How initiated: Culvert well installed by Dave Rosgen, former owner of the Inn at the Pass property. e. Amount: 0.044 c.f.s. (20 gpm), Absolute. f. Use: Commercial, domestic, stock watering, fire fighting, municipal and irrigation of 20 acres located in the SE ¼ NE ¼ , Section 20, T.37 N., R.1 W., N.M.P.M., see Exhibit A. 6. Front Gate Well a. Legal Description: GPS bearings North 37º 24.758’, West 106º 54.004’; NE ¼ SW ¼, Sec. 29, T.37N., R.1E., N.M.P.M., 1,700 feet from the South section line and 2,200 feet from the West section line. See Exhibit A. b. Depth: 45 feet. c. Source: Groundwater tributary to the West Fork. d. i. Appropriation Date: 1983. ii. How initiated: Well drilled. e. Amount claimed: 0.89 c.f.s. (400 g.p.m.), Absolute. f. Use: Domestic, livestock watering and irrigation of 80 acres of lawns and gardens and pasture located in the SE ¼ SW ¼ , Section, 29, T.37 N., R.1 E., N.M.P.M. See Exhibit A. C. New Surface Water Rights: 1. Brown Spring. a. Legal Description: NW ¼ NW ¼, Section 29, T.37N., R.1E., N.M.P.M. See Exhibit A. b. Source: Unnamed draw tributary to Michael’s Lake, located 115 feet South of North section line of said Section 29 and 2,060 feet' East of the West section line of said Section 29. c. Appropriation Date: July 29, 1998. d. Amount Claimed: 0.89 c.f.s. (400 g.p.m.), Absolute. e. Use: Piscatorial, fire fighting, year-round recreation, wildlife, aesthetics. 2. Phillipps Ditch - Brown Enlargement. a. Legal Description: Headgate located on the west bank of the West Fork, at a point 1200 feet southwesterly from the center of Section 29, T.37N., R.1E., N.M.P.M., Mineral County. b. Source: Unnamed draw tributary to West Fork. c. Appropriation Date (water put to beneficial use): 1902. d. How initiated: Water has been used via Phillips Ditch since the Ditch was constructed. e. Amount: 0.89 c.f.s. (400 g.p.m.) Absolute, in addition to 2.5 c.f.s. decreed in Case No. 165, August 17, 1904, Appropriation Date, September 15, 1902, for irrigation uses. f. Use: Year-round piscatorial, firefighting, and irrigation of 100 acres, in the W1/2, Sec. 29, T.37N., R.1E., N.M.P.M., see Exhibit A. D. New Storage Water Right: DJ’s Lake f/k/a Village Lake Reservoir 1. Current Decree: a. Decree No. #80CW221, dated June 27, 1981. b. Priority: June 1, 1980. c. Source: West Fork. d. Feeder Ditch: Village Lake Feeder Ditch. e. Location: Section 20, T.37N., R.1E., N.M.P.M.; 400-1,000 feet south of the North section line and 50-350 feet west of the East section line. f. Amount: 49.0 AF. g. Use: Fish, recreation, piscatorial. h. Due Diligence: 90CW62, 98CW37. 2. Requested New Right added to Current Decree: a. New uses: Augmentation, as further described in the plan for augmentation discussed below. b. New amount: 49.0 AF, with right to successively refill in priority, conditional. c. Appropriation Date: December 30, 2004 d. How initiated: By the formation of an intent to appropriate and the filing of this application. e. Feeder Ditch: Village Lake Feeder Ditch, up to 1.0 cfs. E. Correct error in Decree for Dermody Pump: 1. Existing Decree: Amended Judgment and Decree in Case W-1855-78 on February 27, 1980, described the point of diversion of the Dermody Pump as being located in the NW1/4NE1/4SE1/4 Section 20, T.37N., R.1E., N.M.P.M., 2,006.4 feet from the South section line and 950 feet from the East section line. This point of diversion was described in the original decree in Case No. 1855-78, decreed on December 15, 1978, as being located on the east bank of the West Fork, NE1/4NE1/4SE1/4 Section 20, T37 N, R1E, N.M.P.M. 2,006.4 feet from the South section line and 950 feet from the East section line. 2. Source: West Fork. 3. Priority/Appropriation Date: 1968-13, January 13, 1952. 4. Amount: 0.4 c.f.s. changed from the Stahl Ditch for 3.0 cfs in Case 73-708D, December 19, 1968. 5. Decreed Uses: a. Stahl Ditch: irrigation, stock and domestic. b. Dermody Pump: irrigation, domestic and commercial. 6. Corrected point of diversion. The actual location of the Dermody Pump in the NW1/4SE1/4NE1/4 Section 20, T.37N., R.1E., N.M.P.M., 2,006 feet from the North section line and 950 feet from the East Section line. F. Plan for Augmentation: 1. Name of Structures to be Augmented: Applicant owns the following water rights to be augmented under this Plan for Augmentation. The water rights listed below were decreed in Case No. 98CW88 on October 20, 2004. a. Melinda's Lake:

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i. Legal Description: Located between 100 feet and 1,100 feet North of the South section line of Section 29, T.37N., R.1E., N.M.P.M., and 2,300 feet to 2,700 feet East of the West section line of said Section 29. See Exhibit A Center point is approximately 650 feet from the South section line and 2,475 feet from the West section line. ii. Depth: Maximum depth is twenty (20) feet below the natural ground surface. iii. Appropriation Date: July 29, 1998. iv. Amount and Use: 0.2 c.f.s., Conditional, direct flow not to exceed 30 acre-feet per year, for evaporation, from Melinda's Lake, Queen's Lake, Michelle's Lake and Kelly's Lake (all four lakes collectively referred to as the "Lakes"). v. Surface Area: 4.01 acres. vii. Average Depth: 15 feet +/- viii. Melinda's Lake is comprised of two pre-1981 gravel pit lakes that were combined through the removal of approximately 0.07 acres of land in 1998 which separated the two water bodies. Evaporation from the original gravel pit lakes, comprising a total of 3.94 surface acres, is exempt from augmentation requirements pursuant to C.R.S. §37-90-137(11)(b). This plan for augmentation seeks to replace the increased evaporation caused by the creation of the unified lake in 1998, when such evaporation would result in injurious, out-of-priority depletions. ix. Permit No.: 61417-F. b. Michelle's Lake fka Manager's Lake: i. Legal description: Located between 1,550 feet and 1,980 feet South of the North section line of Section 32, T.37N., R.1E., N.M.P.M., and 2,200 feet 2,500 feet East of the West section line of said Section 32. See Exhibit A. Center point approximately 1,760 feet from the North section line and 2,360 feet from the West section line. ii. Depth: Maximum depth is 15 feet below the natural ground surface. iii. Appropriation Date: July 29, 1998. iv. Amount and Use: 0.2 c.f.s., Conditional, direct flow not to exceed 10 acre-feet per year for evaporation from all Lakes, annually, piscatorial, stock watering, fire fighting and recreational purposes. v. Surface Area: 2.41 acres. vi: Average Depth: 15 feet +/- vii. Permit No.: 61419-F. c. Queen's Lake: i. Legal description: Located between 2,000 feet and 2,300 feet North of the South section line of Section 29, T.37N., R.1E., N.M.P.M., and 2,600 feet to 2,900 feet East of the West section line of said Section 29. See Exhibit A. Center point is approximately 3,175 feet from the North section line and 2,815 feet from the West section line. ii. Depth: Maximum projected depth is 15 feet below the natural ground surface. iii. Appropriation Date: July 29, 1998. iv. Amount and Year-Round Use for all of the Lakes: 0.2 c.f.s., Conditional, direct flow not to exceed 30 acre-feet per year, for evaporation from all of the Lakes annually, piscatorial, stock watering, fire fighting, and recreation purposes. v. Surface Area: 1.27 acres. vi. Average Depth: 12 feet +/- vii. Source: Groundwater tributary to the West Fork. viii. Queen's Lake is a pre-1981 gravel pit and, therefore, the evaporation/exposure of groundwater is exempt from gravel pit augmentation requirements under C.R.S. § 37-90-137(11)(b), and Zigan Sand and Gravel, Inc. v. Cache La Poudre Water Users Ass’n, 758 P.2d 175 (Colo. 1988) (“Zigan”). Pursuant to the decree in Case No. 98CW88, non-consumptive, piscatorial and recreational use will not be curtailed in the event of a call and is not subject to administration by the Colorado Division of Water Resources. Consumption that results from the active use of water from Queen's Lake, including ground water pumping, evaporative loss, stock watering, and fire protection, will require a well permit and a Plan for Augmentation or a Temporary Substitute Supply Plan to replace depletions that exceed the evaporative depletions that were occurring prior to January 1, 1981, for the purpose of protecting senior water users in the event of a valid call. ix: Permit No.: 61418-F d. Kelly's Lake i. Legal description: Located between 600 feet and 1,100 feet South of the North section line of Section 32, T.37N., R.1E., N.M.P.M., and 1,400 feet to 2,200 feet East of the West section line of said Section 32. See Exhibit A. Center point is approximately 1,120 feet from the North section line and 1,870 feet from the West section line. ii. Depth: Maximum depth is 15 feet below the natural ground surface. iii. Appropriation Date: July 29, 1998. iv. Amount and Year-Round Use for all of the Lakes: 0.2 c.f.s., Conditional, direct flow not to exceed 30 acre-feet per year, for evaporation from all of the Lakes annually, piscatorial, stock watering, fire fighting, and recreation purposes. v. Surface Area: 10.3 acres. vi. Average Depth: 15 feet +/- vii. Source: Groundwater tributary to the West Fork. viii. Kelly's Lake is a pre-1981 gravel pit. Therefore, the evaporation/exposure of groundwater from Kelly’s Lake is exempt from gravel pit augmentation requirements under C.R.S. §37-90-137(11)(b) and the Zigan opinion. Non-consumptive, piscatorial and recreational use will not be curtailed in the event of a call and is not subject to administration by the CDWR. Consumption that results from the active use of water from Kelly’s Lake, including ground water pumping, evaporative loss, stock watering, and fire protection, will require a well permit and a Plan for Augmentation or a Temporary Substitute Supply Plan to replace depletions that exceed the evaporative depletions that were occurring prior to January 1, 1981, for the purpose of protecting senior water users in the event of a valid call. e. Brown South Well: i. Legal description: NE¼SW¼, Section 29, T37N, R1E, N.M.P.M., 2,200 feet from the South section line and 2,200 feet from the West section line of said Section 29. See Exhibit A. ii.Depth: 15 feet. iii. Appropriation Date: July 29, 1998. iv. Amount claimed: 2.67 c.f.s. (1,200 g.p.m.), Absolute. v.

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Use: a. Irrigation Season: Recharge of water level in Michael’s Lake and either directly from the Brown South Well or from storage in Michael’s Lake for domestic and/or commercial use including but not limited to a house with a maximum of 4 bedrooms and 7 bathrooms, up to 30 guest homes, recreation/aquatic building, greenhouse, and maintenance facility, office complex with 3 baths; piscatorial; stock watering; fire fighting; recreation; and irrigation of 70 acres located in the SW¼ of Section 20, and N½ of Section 29, T.37N., R.1E., N.M.P.M., lying west of the West Fork, including golf course watering and watering of lawns and gardens. b. Non-irrigation Season: The uses described in the immediately preceding paragraph, excluding irrigation. f. Well WS-1: i. Legal description: NE¼SW¼, Section 32, T.37N., R.1E., N.M.P.M., 900 feet from the South section line and 800 feet from the West section line of said Section 32. See Exhibit A. ii. Depth: Approximately 135 feet. iii. Appropriation Date: July 29, 1998. iv. Amount: 400 g.p.m., Conditional. v. Use: Irrigation of 70 acres, as shown on Exhibit A, lying east of the West Fork and located in the W½ of Section 32, T.37N., R.1E., N.M.P.M. vi. Permit No.: 61416-F. g. Brown House Well: i. Legal description: SW¼SE¼, Section 20, T.37N., R.1E., N.M.P.M., 100 feet from the South section line and 1,900 feet from the East section line of said Section 20. See Exhibit "A." ii. Depth: 15 feet. iii. Appropriation Date: June 1997. iv. Amount: 250 g.p.m., Absolute. v. Uses: i. Irrigation Season: Recharge of water level in Michael’s Lake and either directly from the Brown House Well or after storage in Michael’s Lake, for domestic and/or commercial use including but not limited to a house with a maximum of 4 bedrooms and 7 bathrooms, for up to 30 guest homes, recreation/aquatic building; greenhouse and maintenance facility; stock watering; piscatorial; fire fighting; other recreation; and irrigation of 25 acres and 5.0 acres of lawns and gardens, all in the SW¼, Section 20, and Section 29, T.37N., R.1E., N.M.P.M. ii. Non-irrigation Season: The same uses as set forth in the immediately preceding paragraph, excluding irrigation. vi. Permit: Permit No. 050623-F. vii. The Brown South Well, Well WS-1 and Brown House Well are together referred to as "the Wells." The Brown South Well and Brown House Wells are together referred to as the "Two Wells." Of the water diverted from the Two Wells, approximately 31% is used for domestic/commercial purposes, 31% is used for irrigation and 38% is used for all other uses. h. Michael’s Lake aka Chief's Lake aka House Lake: i. Legal Description: Located between 100 feet and 300 feet South of the North section line of Section 29, T.37N., R.1E., N.M.P.M., and 2,300 feet to 2,500 feet East of the West section line of said Section 29. See Exhibit A. The center point is approximately 115 feet south of the North section line and 2,160 feet east of the West section line. ii. Source: Michael’s Lake is first filled from Brown Springs (in the NW¼, Section 29, T.37N., R.1.E, N.M.P.M.) and then from groundwater tributary to the West Fork, diverted from the Two Wells. iii. Fill Rate for Michael's Lake from the Brown Spring: 1.11 cfs (500 gpm). iv. Appropriation Date: July 29, 1998 v. Amount: 3.0 AF, Absolute. Michael’s Lake may be filled and refilled in priority. vi. Use: Piscatorial, fire fighting and recreation, year-round. vii. Surface area of high water line: 1.0 acre (There is no dam for this Lake, only an average excavated depth of about 10.0 feet.). viii. Total active capacity of reservoir: 3.0 AF. ix. Total Capacity: 10 AF. x. Average Depth: 10 feet. xi. Water is first pumped from the Two Wells into holding tanks, now containing 100,000 gallons of storage, for domestic use. If the tanks are full, the excess is pumped to a surface ditch to recharge Michael’s Lake. The outflow from Michael’s Lake flows into the San Juan River via an unnamed stream and Himes Creek within 100 feet of the Two Wells. 2. Applicant owns the following water rights to be used for augmentation: a. Chapson-Howe ("C-H") Ditch: i. Source: West Fork. ii. Decreed Location of Headgate:East bank of the West Fork, whence the South quarter corner of Sec. 29, T.37N., R.1E., N.M.P.M. bears S. 07º28' W., 3,063.72 feet. The point of diversion ("POD") was changed to the present POD by Order of the District Court for Archuleta County in Civil Action No. 73-308D on June 8, 1967. iii. Use: Irrigation. iv. Amount: 28.5 c.f.s., absolute, of which Applicant owns 5.0 c.f.s. as follows: a.1.20 c.f.s. of the 3.00 c.f.s., Priority 34a, decreed to the Howe Ditch, District Court, Archuleta County, in Civil Action No. 165 on August 17, 1904, with an appropriation date of October 31, 1890. Revised Priority No. 59 awarded in Civil Action Nos. 73 and 308, June 5, 1928. b.1.80 c.f.s. of the 4.50 c.f.s., Priority No. 73, decreed to the Howe Ditch, Enlargement and Extension in Civil Action No. 165 on August 17, 1904, with an appropriation date of September 30, 1901. Revised Priority No. 128 awarded in Civil Action Nos. 73 and 308, June 5, 1928. c. 2.00 c.f.s. of the 5.00 c.f.s., Priority No. 165, decreed to the C-H Ditch on August 17, 1904 with an appropriation date of July 7, 1898. Revised Priority No. 108 awarded in Civil Action Nos. 73 and 308, June 5, 1928. b. Boot Jack Ditch: I . Source: Boot Jack Creek, a tributary of the West Fork. ii. Location: POD located at a point whence the SW corner of Section 29, T37N, R1E, N.M.P.M. bears S. 36º05' W., 7,694.74 feet. iii. Amount: 0.50 c.f.s. iv. Decree: Civil Action No. 73-308D, District Court in and for Archuleta County, December 19, 1968 with an appropriation date of October 1, 1966. Priority No. 1968-

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251 awarded in Civil Action No. 73-308D, December 19, 1968. v. Use: Irrigation. c. Campground Ditch. i. Source: An unnamed creek, tributary to the West Fork. ii. Location of POD: a. a point whence the South quarter corner of Sec. 17, T37N, R1E, N.M.P.M., bears S. 26º40' E.,4,421.73 feet; b. whence the South quarter corner of said Sec. 17 bears S. 21º29' E., approximately 3,866.59 feet; and c. whence the South quarter corner of said Sec. 17 bears S. 08º35' E., approximately 2,681.87 feet. iii. Amount: 0.50 c.f.s. iv. Decree: Civil Action No. 73-308D, District Court in and for Archuleta County, December 19, 1968, with a appropriation date of June 2, 1959. Priority No. 1968-151 awarded in Civil Action No. 73-308D, December 19, 1968. v. Use: Irrigation. 3. Plan for Augmentation ("P for A"). a. Applicant is developing the Bootjack Ranch ("Ranch") as a personal residence and retreat. Applicant needs to ensure that certain activities on the Ranch, supported by junior water rights, may continue even if those water rights are under administration. All rights and structures described in this Application are located on the Ranch. The Ranch water rights were the subject of a plan for augmentation in Case No. 83CW144 when it was anticipated that the Ranch would be used for major residential development. Upon the decree of the P for A requested herein, the decree in Case No. 83CW144 will be terminated. All water rights which were to be used as augmentation sources under the decree in Case No. 83CW144, but are not used as augmentation sources hereunder, including the water rights for the C-H, Panghorn, Canon Creek, Phillipps and Power Line Ditches and Himes Ditch, Teal Enlargement, are to remain as decreed prior to the decree in Case No. 83CW144. b. Depletions from the following structures are to be augmented: non-exempt consumption from the Lakes and the Wells. i. The Lakes. Evaporation losses from the Lakes, are, for the most part, exempt from augmentation requirements. Evaporation resulting from the post-1981 enlargement of Melinda's Lake and evaporation from Michelle's Lake are not exempt the following monthly amounts associated with evaporation from the total of 3.48 acres of non-exempt evaporation.

Table I (values in acre-feet)

APR MAY JUNE JULY AUG SEPT OCT TOTALEvaporation Rate per Acre 0.23 0.35 0.39 0.18 0.15 0.16 0.17 1.63 Melinda’s (0.07 acres) 0.02 0.02 0.03 0.01 0.01 0.01 0.01 0.11 Michelle’s (2.41 acres) 0.55 0.84 0.94 0.43 0.36 0.39 0.41 3.92 Michael’s (1.0 acre) 0.23 0.35 0.39 0.18 0.15 0.16 0.17 1.63 Total (3.48 acres) 1.03 1.56 1.75 0.8 0.7 0.72 0.76 7.29

The evaporation rate was previously decreed in Case No. 83CW144 (see paragraph 12(A)(3)(c), p. 20, thereof). The Lakes are also decreed for non-exempt livestock watering and firefighting. These uses will be sporadic, if at all, and consumption is included in the figures below. ii. The Wells. Stream depletions associated with operation of The Wells consist of three parts: (a) one acre-foot (1 AF) per acre of the water applied to 115 acres of the Ranch for irrigation purposes. The consumptive use rate associated with irrigation is summarized below, based on the factors included in Case No. 83CW144 (see paragraph 12(A)(3)(a) thereof).

Table II

(acre-feet per acre) MAY JUNE JULY AUG SEPT TOTAL Irrigation Consumptive Use

0.18 0.26 0.26 0.18 0.12 1.00

b) ten percent (10%) of the portion of the water pumped for in-house, domestic purposes. Domestic water will be supplied for 30 persons at 80 gallons per day ("g.p.d.") and at 20 g.p.d. for twenty (20) day employees, with ten percent (10%) consumptive (engineer septic wastewater treatment). The total depletions to be augmented pursuant to the P for A are summarized below in Table IV. ten (10) g.p.d. for twenty (20) head of livestock.

Table III

DOMESTIC CONSUMPTION

STOCK WATERING

POND EVAPORATION

LAWN IRRIGATION

TOTAL

JAN 0.03 0.02 0 0 0.05 FEB 0.03 0.02 0 0 0.05

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MAR 0.03 0.02 0 0 0.05 APR 0.03 0.02 1.03 0 1.08 MAY 0.03 0.02 1.56 20.7 22.31 JUN 0.03 0.02 1.75 29.9 31.7 JUL 0.03 0.02 0.8 29.9 30.75 AUG 0.03 0.02 0.7 20.7 21.45 SEP 0.03 0.02 0.72 13.8 14.57 OCT 0.03 0.02 0.76 0 3.54 NOV 0.03 0.02 0 0 0.05 DEC 0.03 0.02 0 0 0.05

Totals 0.36 0.24 7.29 115.0 122.89

In addition, water will be diverted under the Brown Enlargement of the C-H Ditch water right for the irrigation of 20 acres and recharge to maintain water quality conditions in the Lakes. Such diversions deplete the flow of the West Fork San Juan River in the reach downstream from the diversion point to the outlet from Kelly’s Lake. These diversions and irrigation diversions on the Ranch will be subject to administration. Diversions for freshening flows are non-consumptive as against downstream water rights. c. Water Rights to be Used for Augmentation. Water rights associated with three (3) irrigation ditches, the C-H, Boot Jack, and Campground Ditches, available for use as replacement sources under the P for A, are listed above, respectively, and in the decree in Case No. 83CW144, which includes specific acreage locations, amounts, and consumptive use credits as set forth below. (See decree in Case No. 83CW144, paragraph 10(A), page 9) i. C-H Ditch. The Bootjack Ranch has taken at least 6.2 acres out of irrigation under the C-H Ditch as a result of construction of Melinda's Lake (2.1 acres), and Michelle's Lake (4.1 acres). Locations of these Lakes and the historically irrigated area are shown on Exhibit A. The historical consumptive use associated with 6.2 acres is 6.2 AF per year. ii. Boot Jack Ditch. All of the six (6) acres under this Ditch have been taken out of irrigation, as shown on Exhibit A. The historic consumptive use associated with this water right is 6.0 AF per year. See Exhibit A. iii. Campground Ditch. All of the 16 acres under this Ditch have been taken out of irrigation. The historic consumptive use associated with this water right is 16.0 AF per year. Proposed replacement credits for the dried-up areas, based on the monthly factors in the decree in Case No. 83CW144, are summarized as follows:

Table IV

MAY JUNE JULY AUG SEPT TOTAL Chapson-Howe Ditch 1.48 2.13 2.13 1.48 0.98 6.20 Campground Ditch 2.88 4.16 4.16 2.88 1.92 16.00 Boot Jack Ditch 1.10 1.60 1.60 1.10 0.60 6.00

Totals 5.46 7.89 7.89 5.46 3.50 28.20

The total consumptive use credit associated with these water rights is 28.2 AF per year. d. As an additional source of replacement water, a total of 49 AF of water stored in Village Lake Reservoir, described above, will be released as necessary through its outlet, lowering its water level. This water will be delivered to the West Fork through the existing overflow ditch in the NE¼ of Section 20, T.37N., R.1E., N.M.P.M. Because of the relatively large streamflow in Wolf Creek during spring runoff, this Lake reliably fills each year. e. General Operation of the P for A. There has never been a water rights call on the West Fork. The purpose of this P for A is to ensure the continuous diversion and use of water right at the Bootjack Ranch to the extent that there may be future calls by water rights senior to the Bootjack Ranch water rights described above. When a senior call is in effect, the Ranch will account for its depletions, including non-exempt losses associated with evaporation from the Lakes, domestic use, stock watering, non-irrigation from out-of-priority water rights. i. If the senior call is made by downstream senior water rights, the Ranch will replace all out-of-priority depletions through a combination of irrigation consumptive use credits and releases from Village Lake. However, because flow-through diversions by the Brown Enlargement of the C-H Ditch for water quality maintenance of the Lakes is non-consumptive to the downstream flow of the West Fork, such diversions may continue without regard to downstream senior

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calling water rights. ii. If the senior call is made under the CWCB West Fork instream flow water rights decreed in Case No. 80CW041, 25 c.f.s. from April through August and 14 c.f.s. from September through March, diversions by the Brown Enlargement of the C-H Ditch will reduce the flow in the West Fork, and it will be subject to administration. Similarly, junior surface rights and groundwater rights not subject to this augmentation plan decreed in Case No. 98CW88 and in this case will be subject to priority calls and all injurious, out-of-priority diversions would be curtailed. All other depletions shall be fully replaced through a combination of irrigation consumptive use credits and releases from Village Lake Reservoir. (7 pages) 04CW98; ARCHULETA COUNTY, WATER DISTRICT NO. 29: 1) Applicant: Pinon Hills, LLC, Attn: Mark DiRienzo, P.O. Box 3987, Pagosa Springs CO 81147, (541)621-8393; 2) Attorney: Janice C. Sheftel, Esq., Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Type: Application for Water Rights; 4) Name of Structure: Pinon Hills Diversion Structure; Location (“POD”): NW1/4SW1/4 Section 14, T33N, R2W, N.M.P.M.; 250 feet east of the west section line and 1,950 feet north of the south section line. Alternate Location: SW1/4NW1/4 Section 14, T33N, R2W, N.M.P.M.; 1,000 feet east of the west section line and 2,400 feet north of the south section line. Source: San Juan River, through use of a surface diversion or a sub-surface gallery collection system. Appropriation Date: March 13, 2003. How Appropriation Initiated: Engineer site visit. Amount: 3.0 cfs, Conditional, filling ponds and pond flow-through; 2.0 cfs, Conditional for uses in Paragraph 2(f). A total of 5.0 cfs will be taken at one or both of the Alternate PODs. Use: Water usage associated with a rural subdivision on Applicant’s property (“Property”), including, but not restricted to, domestic, lawn and gardens, irrigation of common parks, filling of and evaporation from ponds for those uses listed above, gravel mining for road construction and maintenance on the Property, dust control, operation of and evaporation from Property water features including, but not limited to, fountains and water channels. (6 pages) 04CW99; LA PLATA COUNTY, WATER DISTRICT NO. 30: 1) Applicant: GRVP, LLC, Mark Mitchell, General Manager, 160 Rock Point Drive, Suite E, Durango CO 81301, (970)385-7770; 2) Attorney: Janice C. Sheftel, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302, (970)247-1755; 3) Type: Application for Underground Water Right; 4) Name of Well : Three Springs Well #1, (a) Legal description of well: NW1/4NE1/4 of Section 2, T34N, R9W, N.M.P.M.; 1,207 feet from the north section line and 1,704 feet from the east section line (b) Source: Animas Formation (c) Date of Appropriation: October 30, 2003; How appropriation was initiated: Well permit applied for; Date water applied to beneficial use: April 2004; (d) Amount claimed: 100 gpm, Absolute; (e) Depth: No greater than 600 feet or bottom of Animas Formation; (f) Use: Irrigation/supplemental irrigation of 100 acres on Applicant’s property; industrial and commercial (for use in dust control and compaction for road, building sites and utility areas) on the Property; (g) Permit Number: 60426-F; 5) Name of Well: Three Springs Well #2; (a) Legal description of well: NE1/4NW1/4 of Section 2, T34N, R9W, N.M.P.M.; 1,120 feet from the north section line and 2,074 feet from the west section line; (b) Source: Animas Formation; (c) Date of Appropriation: October 30, 2003; How appropriation was initiated: Well permit applied for; (d) Amount claimed: 100 gpm, Conditional; (e) Depth: No greater than 600 feet or bottom of Animas Formation; (f) Use: Irrigation/supplemental irrigation of 100 acres on the Property; industrial and commercial (for use in dust control and compaction for road, building sites and utility areas) on the Property; (g) Permit Number: 60427-F (permit extended to November 13, 2005, by letter dated October 28, 2004) (8 pages) 04CW100; LA PLATA COUNTY, WATER DISTRICT NO. 30: 1) Applicant: Roderick E. Barker, 7 Carol Drive, Durango CO 81301, (970)259-5805; 2) Attorney: Janice C. Sheftel, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302, (970)247-1755; 3)Type: Application for Storage Water Rights and Surface Water Rights; 4) Name of structure: Barker/Watson Pond #1; (a) Legal description of Pond located on Applicant’s Property: SE1/4SW1/4 (Lot 14), Section 6, T35N, R9W, N.M.P.M., the center of Pond #1 being described as beginning at the NE corner of said tract (a point on the North boundary line of Lot 14), whence the West 1/4 corner of Section 6, T35N, R9W, N.M.P.M. bears South 79° West, 328 feet; (b) Source: Junction Creek, tributary to the Animas River; (c) Appropriation Date: May 2004; How appropriation was initiated: Filing of Intent to Impound; Date water applied to beneficial use: July 2004; (d) Surface Area: 1,000 square feet; (e) Maximum Depth: 9 feet; (f) Amount claimed: 50,000 gallons, Absolute; (g) Use: Irrigation of 1 acre of garden and 18

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acres of orchards and pasture in Section 6, T35N, R9W, N.M.P.M. (the “Nineteen Acres”), piscatorial, fire protection and stockwatering; (h) Source of Filling: Applicant’s 1/9 share of Sites Ditch, J5 and J7 water rights and the new Sites Ditch water right applied for at Paragraph 6 herein; (i) Rate of Filling: 1.0 cfs; 5) Name of structure: Barker/Watson Pond #2; (a) Legal description of Pond: SE1/4SW1/4of Section 6, T35N, R9W, N.M.P.M, 257 feet SSW of Pond #1, described in Paragraph 4 above, the center point of Pond #2 being more particularly described as beginning at the NE corner of said tract (being appoint on the North boundary line of said Lot 14), whence the W 1/4 of Section 6, T35N, R9W, N.M.P.M. bears South 48° West, 540 feet; (b) Source: Junction Creek, tributary to the Animas River; (c) Appropriation Date: December 2004; How appropriation was initiated: New water right applied for; (d) Amount claimed: 146,000 gallons, Conditional; (e) Surface Area: 2,800 sq. ft.; (f) Depth: 12 feet; (g) Use: Irrigation of the Nineteen Acres, piscatorial, fire fighting and stockwatering; (h) Filling Source: See Paragraph 4(h) above; 6) Name of structure: Sites Ditch-Barker Diversion; (a) Legal description of point of diversion: NE1/4NW1/4SE1/4 Section 34, T36N, R10W, N.M.P.M., on the North bank of Junction Creek, at a point (variation 14° 20’ E) which bears N 37° 58’ W, 5,998 feet from the 1/4 corner of Sections 6 and 7, T35N, R9W, N.M.P.M., and from which point the old township corner common to T35N and T36N, R9W and R10W, bears S 34°50’ E, 2,712 feet; (b) Source: Junction Creek; (c) Appropriation Date: May 2004; How appropriation was initiated: Notice of Intent to Impound for Barker/Watson Pond #1; (d) Amount claimed: 1.0 c.f.s., Conditional; (e) Use: Firefighting, piscatorial, stockwatering, irrigation of the Nineteen Acres and filling of Barker/Watson Ponds #1 and 2, for uses requested in Paragraphs 4 and 5 above; 7) Comments: Barker/Watson Ponds #1 and 2 will be lined to avoid encountering groundwater. (5 pages)

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308, C.R.S. (2004) directs the State Engineer to establish a notification list for each water division to notify interested parties of requests for approval of: substitute water supply plans (§37-92-308), loans for an instream flow (§37-83-105), and interruptible water supply agreements (§37-92-309). To receive this information for calendar year 2005, 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. There is a $12 fee for this information per calendar year, per water division. The fee may be paid by Visa, MasterCard, check or money order payable to the Colorado Division of Water Resources. If paying by credit card, please include the credit card number and expiration date. Subscription forms and other information regarding Substitute Water Supply Plans are 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.

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 ACTO OF 1969 Pursuant to Section 37-92-203(2), CRS (2004), the following judges are designated or redesignated as water judges for the water divisions of the state for 2005:

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

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Charles R. Greenacre* Division 5 Thomas P. Craven Daniel B. Petre* Division 6 Michael A. O’Hara Daniel J. Kaup* Division 7 Gregory G. Lyman David L. Dickinson* Dated this 8th day of December, 2004 ___________________________________ 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 Section 37-90-115(1)(b)(V), CRS (2004), the following district judges are appointed as designated ground water judges for the named designated ground water basins for 2005:

Designated Ground Water Basin Judge Judicial District Northern High Plains Steven E. Shinn 13th Camp Creek Kiowa-Bijou C. Vincent Phelps, Jr. 17th Lost Creek Upper Black Squirrel Creek Larry E. Schwartz 4th Upper Big Sandy Southern High Plains Stanley A. Brinkley 15th Upper Crow Creek Roger A. Klein 19th Dated this 8th day of December, 2004 ___________________________________ Mary J. Mullarkey Chief Justice

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YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of February, 2005, to file

with the Water Clerk, in quadruplicate, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $70.00; Forms are available through the Office of the Water Clerk or on our website at www.courts.state.co.us) Paula K. Petersen, Clerk of the Water Court, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157) Published: before January 31, 2005 __________________________________

Water Clerk