division 5 water court-december 2010 resume · 2011-01-12 · division 5 water court-december 2010...

DIVISION 5 WATER COURT-DECEMBER 2010 RESUME 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW288 MESA COUNTY, PLATEAU CREEK, COLORADO RIVER. Kenneth M. Lynn & Paula M. Lynn, P.O. Box 64, Collbran, CO 81624, (970) 487-3491. Applicants’ Attorney: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262, [email protected]. Application for Surface Water Rights. Structures: Lynn Springs Nos. 1 through 6; Descriptions (See map attached as Exhibit A to the Application): Lynn Spring No. 1: Located approx. 900 ft from the N. line and 2,725 ft from the W. line of Sec. 34, T. 9 S., R. 95 W., 6th P.M., in the NW1/4 NE1/4 of Sec. 34; Lynn Spring No. 2: Located approx. 600 ft from the N. line and 2,350 ft from the W. line of Sec. 34, T. 9 S., R. 95 W., 6th P.M., in the NE1/4 NW1/4 of Sec. 34; Lynn Spring No. 3: Located approx. 200 ft from the N. line and 2,400 ft from the W. line of Sec. 34, T. 9 S., R. 95 W., 6th P.M., in the NE1/4 NW1/4 of Sec. 34; Lynn Spring No. 4: Located approx. 200 ft from the N. line and 2,450 ft from the W. line of Sec. 34, T. 9 S., R. 95 W., 6th P.M., in the NE1/4 NW1/4 of Sec. 34; Lynn Spring No. 5: Located approx. 200 ft from the N. line and 2,550 ft from the W. line of Sec. 34, T. 9 S., R. 95 W., 6th P.M., in the NE1/4 NW1/4 of Sec. 34; Lynn Spring No. 6: Located approx. 200 ft from the N. line and 2,650 ft from the W. line of Sec. 34, T. 9 S., R. 95 W., 6th P.M., in the NW1/4 NE1/4 of Sec. 34; Source: Springs tributary to Plateau Creek, tributary to the Colorado River; Appropriation Information: Date Initiated: October 1, 2010; How Initiated: Physical location and inspection of the subject springs, together with the formation of the intent to appropriate water as described herein and other acts in furtherance of the appropriation; Date Applied to Beneficial Use: Not applicable; Amounts: 0.20 c.f.s. (90 g.p.m.) cumulative for Lynn Springs Nos. 1 and 2, conditional; 0.23 c.f.s. (105 g.p.m.) cumulative for Lynn Springs Nos. 3, 4, 5 and 6, conditional; Uses: Stockwatering and irrigation of up to 13 acres of land. The land to be irrigated will be portions of Parcel B of Branson Major Boundary Line Adjustment, which parcel is located in portions of the NW1/4 NE1/4 and the NE1/4 NW1/4 of Sec. 34,T. 9 S., R. 95 W., 6th P.M. A copy of the plat for the Branson Major Boundary Line Adjustment is attached to the Application as Exhibit B; Landowner: Applicants; Remarks: The water from Lynn Springs Nos. 1 and 2 will be collected in a ditch and transported in this ditch to their place of use. The water from Lynn Springs Nos. 3, 4, 5 and 6 will be collected in a second ditch and transported in this ditch to their place of use. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW289 GARFIELD COUNTY- UNNAMED TRIBUTARY TO THE COLORADO RIVER. James Roark; 6303 C.R. 233; Silt, CO 81652 (970)876-2922. Roark Waste Water-Application for Water Rights (Surface). Location: NW¼NE¼ of Sec. 4, T. 6S, R.92W. of the 6th P.M. 50 ft. from the north sec. line and 2,549.98 ft. from the east section line. Appropriation: April 2008. Amount: 3.0 cfs, absolute. Use: irrigation and livestock watering. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW290 GRAND COUNTY, WATER DISTRICT NO. 5, APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name and address of applicant: Town of Kremmling, 200 Eagle Ave., P.O. Box 538, Kremmling, CO 80459, (970) 724-3249. c/o Stanley W. Cazier of Cazier, McGowan & Walker, P.O. Box 500, Granby, CO 80446, (970) 887-3376. Names of structure: JONES RESERVOIR NO. 1 ENLARGEMENT. Decreed: September 13, 1967, CA 1416, Eagle County District Court. Leal Description: Jones Reservoir No. 1 Enlargement - lies across the channel of an unnamed creek on an axis which bears N. 73°15' W. from a point whence the NE Corner of Sec. 15, T1N, R81W of the 6th P.M., bears N. 59°15' E. 1304.14 feet. Source: Jones Reservoir No. 1 Enlargement - Sheep Creek and seven unnamed creeks, all tributary to the Colorado River. Appropriation and Amount: Jones Reservoir No. 1 Enlargement - September 14, 1966, 311.19 af. Use: all municipal uses, including domestic use, mechanical, manufacturing, generation of electric power, power generally, fire protection, sewage treatment, street sprinkling, watering of parks, lawns and grounds, maintaining adequate storage reserves, irrigation, replacement and the adjustment and

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DECEMBER 2010 RESUME WATER DIVISION 5

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regulation of the units of the Town of Kremmling water supply system within themselves and with other water users. The application contains a detailed outline of the work preformed during the diligence period. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW291 (01CW324) EAGLE COUNTY-GROUNDWATER TRIBUTARY TO SPRING CREEK, TRIBUTARY TO THE EAGLE RIVER, TRIBUTARY TO THE COLORADO RIVER. Ann R. Cathcart; P.O. Box 1146; Vail, CO 81658 (970)524-2706. Best Well-Application to Make Absolute. Location: SE¼SW¼ of Sec. 15, T.5S, R.85W. of the 6th P.M. 165 ft. from the south sec. line and 3,640 ft. from the east sec. line. Appropriation: April 27, 2001. Amount: 0.045 cfs during irrigation season; 0.033 cfs, during non-irrigation season; 5.5 acre-ft. per year. Use: domestic uses inside 1 single family dwelling; 1 mobile home and 1 caretaker apt. inside of educational lodge; watering of domestic animals and irrigation of 1.5 acres of lawn, landscaping, gardens and playing field. An outline of work completed during the diligence period is included in the application. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW292 (04CW75) MESA COUNTY- MESA CREEK TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO THE COLORADO RIVER. Richard Allen Smith; P.O. Box 141; Mesa, CO 81643 (970)268-5682. Grumpy #1 Spring-Application to Make Absolute. Location: NE¼SE¼ of Sec. 30, T.10S. , R.96W. of the 6th P.M. 2,100 ft. from the south sec. line and 1,250 ft. from the east sec. line. Appropriation: May 24, 2004. Amount: 0.05 cfs, absolute. Use: irrigation of ornamental trees and shrubs and livestock watering. An outline of work completed during the diligence period is included in the application. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW293- MESA COUNTY –Application for Water Rights (Surface) - 1. Name, address, telephone number of applicant: United States of America, Department of the Interior; Bureau of Land Management, Grand Junction Field Office; c/o Kristen C. Guerriero, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215 Telephone (303) 231-5353, extension 552. 2. Name of structures: Berthod Spring #1, Berthod Spring #2 3. Legal description of each point of diversion: Berthod Spring #1 - Located on public lands in the SE/4 SW/4 SE/4, Section 15, T10S, R94W, Sixth P.M., approximately 550 feet north of the south section line and 1,570 feet west of the east section line. 252534mE, 4341177mN, NAD 83, Zone 12; Berthod Spring #2 - Located on public lands in the SW/4 SW/4 SW/4, Section 15, T10S, R94W, Sixth P.M., approximately 500 feet north of the south section line and 550 feet east of the west section line. 251578mE 4341283mN, NAD 83, Zone 13 4. Source: Berthod Spring #1 – Unnamed tributary to Salt Creek/Plateau Creek/Colorado River; Berthod Spring #2 – Unnamed tributary to Spring Creek/Grove Creek/Plateau Creek/Colorado River 5. A. Date of appropriation: 12/31/2010 B. How appropriation was initiated: BLM personnel inventoried the quality and quantity of water available for wildlife management purposes and provided public notice of the appropriation via a water court application. C. Date water applied to beneficial use: 12/31/2010 6. Amount claimed: Berthod Spring #1 – 0.0066 cfs, absolute; Berthod Spring #2 – 0.0006 cfs, absolute;


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7. Uses: wildlife watering. The springs provide water for bear, elk, deer, small mammals, and birds. The springs also provide forage and cover for wildlife use. 8. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Grand Junction Field Office, 2815 H Road, Grand Junction, CO 81506. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW294 -GARFIELD COUNTY- Application for Water Rights (Surface) 1. Name, address, telephone number of applicant: United States of America, Department of the Interior Bureau of Land Management, Colorado River Valley Field Office, c/o Kristen C. Guerriero, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353, extension 552. 2. Name of structure: Basin Indian Spring 3. Legal description of each point of diversion: Located on public lands in the SW/4 SE/4 Section 7, T8S, R95W, Sixth P.M., approximately 412 feet north of the south section line and 2,948 feet east of the west section line. 238291mE 4362434mN, NAD 83, Zone 13 4. Source: Unnamed tributary to Spring Creek/Colorado River 5. A. Date of appropriation: 12/31/2010 B. How appropriation was initiated: BLM personnel inventoried the quality and quantity of water available for wildlife management purposes and provided public notice of the appropriation via a water court application. C. Date water applied to beneficial use: 12/31/2010 6. Amount claimed: 0.022 cfs, absolute 7. Uses: Wildlife watering. The spring provides wildlife water, cover, and forage for elk, deer, bear, small mammals, and birds. 8. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Colorado River Valley Field Office, 2300 River Frontage Road, Silt, CO 81652. 9. Comments: This application is on the same spring claimed by Dutton Family Limited Liability Partnership in Case Number 2010 CW 274, District Court, Colorado Water Division 5. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW295 IN EAGLE COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF AMERICAN GYPSUM COMPANY. DISTRICT COURT, WATER DIVISION 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, address and telephone number of applicant: American Gypsum Products, P.O. Box 1630, Eagle, Colorado 81631 (970)524-9700. Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structure: Eagle Gypsum Reservoir No. 1. 3. Description of conditional water right: (a) Decree: Decreed by the District Court in and for Water Division No. 5 in Case No. 89CW132 on July 13, 1990. Prior diligence decrees were entered in Case Nos. 96CW198 and 02CW300. (b) Decreed location: The dam will be located in the NW1/4NE1/4 and NE1/4NW1/4 of Section 5, T.5 S., R. 85 W., of the 6th P.M. The right abutment of the dam will be located at a point whence the witness corner to the NW corner of said Section 5 bears N. 68 degrees 07’ W. a distance of 3,024 feet. (c) Source: Surface and groundwater tributary to the Eagle River. (d) Appropriation date: June 28, 1989. (e) Amount: 40 acre feet, with the right to fill and refill the reservoir continually whenever the right is in priority, however no more than 242 acre feet of cumulative storage shall occur in any given calendar year. (f) Use: Industrial, landscape irrigation, recreational, piscatorial and augmentation. 4. Detailed outline of work done to complete project and apply water to beneficial use: Applicant has undertaken the following specific activities over the last six years that demonstrate its diligence with regard to the subject conditional right: (a) The subject conditional right is part of an overall water augmentation plan originally decreed in Case No. 89CW132. By decree in Case No. 02CW391 entered on May 1, 2005, Applicant obtained approval of an amended and restated augmentation plan, including the inclusion of additional sources of water to exchange to the subject reservoir, and additional structures to be augmented by releases from such reservoir. (b) In Case No. 07CW125, Applicant filed for an enlargement of the volumetric limit on the exchange by which water can be stored in the subject reservoir, which limit was imposed in


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Case No. 02CW391. Applicant has obtained approval of a consent decree in that case from all objectors, which consent decree is currently awaiting entry by the Water Court. (c) By decree dated October 14, 2006, in Case No. 05CW212, Applicant obtained a decree making absolute a portion of the rights decreed to certain of the wells involved in the augmentation plan of which the subject reservoir is a part, and finding diligence with respect to the remainder of the rights. (d) In Case No. 10CW254, Applicant filed an application for finding of reasonable diligence for the exchange by which water can be provided to the subject reservoir. (e) Applicant continues to operate and improve the water supply system of which the subject right is an integral feature. (f) Applicant has maintained in full force and effect contracts for 270 acre feet of water from Green Mountain Reservoir and Wolford Mountain Reservoir, which can be stored in the subject reservoir by exchange. 5. Other. Applicant owns the proposed site of the subject reservoir. Attached hereto as Exhibit A is a map depicting the proposed location of the reservoir. WHEREFORE, applicant requests that the Court enter a finding of reasonable diligence with respect to the conditional right described in Section 3 above. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW296 - MESA COUNTY – Application for Water Rights (Surface) 1. Name, address, telephone number of applicant: United States of America, Department of the Interior, Bureau of Land Management, Grand Junction Field Office, c/o Kristen C. Guerriero, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151 Lakewood, CO 80215. Telephone (303) 231-5353, extension 552 2. Name of structures: Stalagmite Spring, Ranger Spring. 3. Legal description of each point of diversion: Stalagmite Spring - Located on public lands in the SW/4 SE/4 (Lot 8), Section 22, T10S, R103W, Sixth P.M., approximately 800 feet north of the south section line and 375 feet west of the east section line. 683989mE 4337632mN, NAD 83, Zone 12. Ranger Spring - Located on public lands in the SE/4 SW/4 NW/4, Section 34, T10S, R104W, Sixth P.M., approximately 2325 feet south of the north section line and 950 feet east of the west section line. 673552mE, 4334829mN, NAD 83, Zone 12 4.Source: Stalagmite Spring - Unnamed tributary to Colorado River Ranger Spring – Unnamed tributary to Colorado River 5. A. Date of appropriation: 12/31/2010 B. How appropriation was initiated: BLM personnel inventoried the quality and quantity of water available for wildlife management purposes and provided public notice of the appropriation via a water court application. C. Date water applied to beneficial use: 12/31/2010 6. Amount claimed: Stalagmite Spring – 0.0006 cfs, absolute; Ranger Spring – 0.0006 cfs, absolute; 7. Uses: Wildlife and recreational uses. The springs are located within the McInnis Canyons National Conservation Area and Black Ridge Canyons Wilderness Area, created by act of Congress in October 2000. The springs are used for recreational uses such as backpacking and camping, and provide habitat (including water, forage, and cover) for deer, bighorn sheep, small mammals, birds, and amphibians. 8. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Grand Junction Field Office, 2815 H Road, Grand Junction, CO 81506. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW297 GARFIELD COUNTY – BEAVER CREEK, TRIBUTARY TO THE COLORADO RIVER. APPLICATION FOR SURFACE AND STORAGE WATER RIGHTS. 1. Name, Address, E-mail and Telephone Number of Applicant: Black Diamond Minerals, LLC, 1600 Stout Street, Suite 1710, Denver, CO 80202, (303) 973-3228, [email protected]. Direct all pleadings to: John M. Dingess, Esq., Austin Hamre, Esq., Teri L. Petitt, Esq, Duncan Ostrander & Dingess, PC, 3600 South Yosemite Street, Suite 500, Denver, Colorado 80237, (303) 779-0200. Black Diamond Minerals, LLC, is a Delaware Limited Liability Company. The conditional and absolute water rights requested herein are for the purpose of performing oil and gas development activities in Garfield County, Colorado. 2. Application for Surface Water Rights: a. Name of Structure: Tepee Park Ranch Pump and Pipeline. i. Source: Beaver Creek, a tributary of the Colorado River. ii. Legal Description of the point of diversion: SW ¼ of the NE ¼ of Section 36, T7S, R94W of the 6th PM, at a point located 2120 feet from the East section line and 2400 feet from the North section line. iii.

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Amount of water claimed: 1.0 cfs (0.3 cfs, absolute; 0.7 cfs, conditional). iv. Date and Manner of Appropriation: The Applicant seeks an appropriation date of October 20, 2008 for the conditional and absolute water rights sought for the Tepee Park Ranch Pump and Pipeline. On that date the Applicant commenced construction of the facilities necessary to divert and impound water for the beneficial uses sought herein. On July 23, 2009, the absolute portion of the water right sought for the Tepee Park Ranch Pump and Pipeline was placed to beneficial use. b. Name of Structure: Tepee Park Ranch Ditch. i. Source: Beaver Creek, a tributary of the Colorado River. ii. Legal Description of the point of diversion: SW ¼ of the NE ¼ of Section 36, T7S, R94W of the 6th PM, at a point located 2210 feet from the East section line and 2760 feet from the North section line. iii. Amount of water claimed: 1.0 cfs, conditional. iv. Date and Manner of Appropriation: The Applicant seeks an appropriation date of October 20, 2008 for the water right sought for the Tepee Park Ranch Ditch. On that date the Applicant commenced construction of the facilities necessary to divert and impound water for the beneficial uses sought herein. Date water applied to beneficial use: Not applicable as conditional water right is requested. 3. Application for Water Storage Rights: a. Name of Reservoir: Tepee Park Ranch Reservoir No. 1. i. Source of Supply: Beaver Creek, a tributary of the Colorado River. ii. Legal Description (centerpoint of reservoir): SW¼ of the NE¼ of Section 36, T7S, R94W of the 6th PM, at a point located 2320 feet from the East section line and 2180 feet from the North section line. 1. Location of Dam: N/A; below grade reservoir. iii. Date and Manner of Appropriation: The Applicant seeks an appropriation date of October 20, 2008 for the absolute water right sought for the Tepee Park Ranch Reservoir No. 1. On that date the Applicant commenced construction of the facilities necessary to divert and impound water for the beneficial uses sought herein. On July 23, 2009, the water stored in the Tepee Park Ranch Reservoir No. 1 was placed to beneficial use. iv. Amount Claimed: 2.85 Acre Feet, absolute. Dead Storage: 0.00 Acre Feet. v. Rate of diversion for filling: 1.0 cfs. Name and capacity of ditch used to fill reservoir: Tepee Park Ranch Pump and Pipeline and Tepee Park Ranch Ditch (see paragraph 2, above). vi. Surface Area at High Water Line: 0.25 Acres. Maximum Height of Dam: N/A. Length of Dam: N/A. b. Name of Reservoir: Tepee Park Ranch Reservoir No. 2. i. Source of Supply: Beaver Creek, a tributary of the Colorado River. ii. Legal Description of Reservoir: The reservoir will be located at only one of the following locations: 1. Site 1, Off-Channel: a. Location of Dam (intersection of dam axis and outlet pipe): SW ¼ of the SE ¼ of Section 36, T7S, R94W of the 6th PM, at a point located 2070 feet from the East section line and 1670 feet from the North section line. b. Rate of diversion for filling: 1.0 cfs. Name and capacity of ditch used to fill reservoir: Tepee Park Ranch Pump and Pipeline and Tepee Park Ranch Ditch (see paragraph 2, above). c. Surface Area at High Water Line: 1.9 Acres. Maximum Height of Dam: 14 Feet. Length of Dam: 460 Feet. d. Total Capacity of Reservoir: 16.6 Acre Feet. Active Capacity: 16.6 Acre Feet. Dead Storage: 0.00 Acre Feet. 2. Site 2, On-Channel: a. Location of Dam (intersection of dam axis and outlet pipe): SW ¼ of the NE ¼ of Section 36, T7S, R94W of the 6th PM, at a point located 1780 feet from the North section line and 2010 feet from the East section line. b. Surface Area at High Water Line: 1.6 Acres. Maximum Height of Dam: 20 Feet. Length of Dam: 600 Feet. c. Total Capacity of Reservoir: 16.6 Acre Feet. Active Capacity: 16.6 Acre Feet. Dead Storage: 0.0 Acre Feet. iii. Date and Manner of Appropriation: The Applicant seeks an appropriation date of October 20, 2008 for the conditional water right sought for the Tepee Park Ranch Reservoir No. 2. On that date the Applicant commenced construction of the facilities necessary to divert and impound water for the beneficial uses sought herein. Date water applied to beneficial use: Not applicable. Conditional water right requested. iv. Amount Claimed: 16.6 Acre Feet, conditional. 4. Uses and proposed uses: The Applicant shall make use of the water diverted and/or stored for the following purposes: Industrial, mining, drilling, domestic, irrigation, revegetation, dust control, commercial, fire protection, evaporation, and subsequent application to beneficial uses, and for the replacement, exchange, or augmentation of diversions. In addition to the initial use and storage of such water, Applicant claims the right to sell, lease or otherwise exercise the power of disposition over such water, as well as the right to re-use, successively use and disposal of such water to extinction. The Applicant also claims the right to fill and refill storage sites, and to carryover stored water on the same terms, with the same appropriation date and for the same purposes as are described above. a. Location of Use: Water shall be used to support oil and gas extraction operations on lands owned and/or leased by Applicant, and upon lands owned and/or leased by lessees, heirs or assigns of said water. Applicant currently has control, ownership or lease of over 4,350 acres of lands located in portions of Sections 5, 6, 7 and 8 of T8S, R93W, 6th P.M., portions of Sections 30 and 31 of T7S, R93W, 6th P.M. and portions of Sections 15, 22, 23, 24, 25, 26, 27, 35 and 36 of T7S, R94W, 6th P.M. as further shown on Exhibit B which may be utilized for oil and gas extraction purposes. 5. Names and Addresses of Owners of Land on Which Structures and Places of Use are Located: All water rights, structures to be adjudicated herein, and places of use are located upon property owned by the Applicant. 6. Remarks pertaining to proposed uses: a. The appropriations requested in this application are needed to serve the Applicant’s present and future water supply requirements for its oil and gas development operations. By undertaking planning, engineering, legal efforts, construction, and other activities that become necessary and apparent, the Applicant can and will be able to diligently complete the conditional appropriations requested herein within a reasonable time and be able to beneficially use the full amount of each of the conditional appropriations requested herein. The Applicant has the requisite intention and necessary financial capacity to complete the tasks necessary to divert, capture, possess, control and beneficially use the water rights herein requested. b. The operation of the water rights will depend upon water demands that will fluctuate from year to year and vary with the availability of water. Accordingly, the Court should not arbitrarily establish a time for which the Applicant must make absolute the entire amount of the water rights requested. Rather, the timing of that process is best treated as provided in C.R.S. § 37-92-301(4). c. Applicant will use appropriate measuring devices and develop and use accounting sheets as required by the office of the Division Engineer for Water Division No. 5. Accounting and reporting will be provided as requested by the Division Engineer for Water Division No. 5. 7. Attachments: Attached to this


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Application as Exhibit A is a vicinity map illustrating the approximate locations of the structures described herein. Attached as Exhibit A2 is the Tepee Park Ranch Res. No. 2, Site 1, Conceptual Plan. Attached as Exhibit A3 is the Tepee Park Ranch Res. No. 2, Site 2, Conceptual Plan. Attached as Exhibit B is the Tepee Park Ranch Property Map. 8. Prayers for Relief: a. The Applicant respectfully requests this Court grant a decree for the conditional and absolute water rights requested. b. The Applicant requests this Court grant the priority date(s) requested for each of the rights which are the subject of this Application and an adjudication date relating back to the filing of this Application. c. Applicant further requests this Court find that the subject water rights are part of a unified system for the gathering, treatment and/or distribution of water for Applicant’s oil and gas operations in Garfield County. The Applicant’s ability to complete and make absolute the conditional appropriative rights is dependent on several factors; therefore, for purposes of showing diligence and completing the appropriation, diligence as to any part of the Applicant’s water rights system shall be considered diligence as to completion of the conditional water rights sought. d. Applicant further requests this Court allow such rights to remain conditionally decreed subject to the Applicant’s obligation to demonstrate diligence or completion of the appropriation on a sexennial basis. e. Applicant further requests this Court also grant such additional relief that it deems necessary and appropriate to further the purposes of this appropriations requested herein. (11 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW298 GRAND COUNTY, COLORADO RIVER. APPLICATION FOR SURFACE WATER RIGHTS FOR RECREATIONAL IN-CHANNEL DIVERSIONS. Name, Address and Telephone of Applicant. Board of Commissioners for the County of Grand, State of Colorado, c/o Lurline Underbrink Curran, County Manager, P.O. Box 264, Hot Sulphur Springs, CO 80451, (970) 725-3347. Please send copies of all pleadings to: David C. Taussig, Mitra M. Pemberton, and Matthew L. Merrill, White & Jankowski, LLP, 511 Sixteenth Street, #500, Denver, CO 80202. Introduction: As part of its ongoing effort to improve water-based recreational and economic opportunities for its citizens and the general public, the Board of County Commissioners for the County of Grand, State of Colorado (“Grand County” or “Applicant”) is applying for confirmation of conditional water rights associated with two whitewater parks in and on the Colorado River: the Hot Sulphur Springs Whitewater Park and the Gore Canyon Whitewater Park. Names of Structures: Hot Sulphur Springs Whitewater Park and Gore Canyon Whitewater Park. Surface Water Right for Recreational In-Channel Diversion: Hot Sulphur Springs Whitewater Park. Legal Description: The Hot Sulphur Springs Whitewater Park will be located in and on the Colorado River in Pioneer Park near the Town of Hot Sulphur Springs, Colorado in part of the S½ of the SE¼ of Section 3, T. 1 N., R. 78 W., 6th P.M. The project boundaries for the Hot Sulphur Springs Whitewater Park are shown on the map attached as Exhibit A. The Hot Sulphur Springs Whitewater Park will include at least two control structures in the area identified on Exhibit A. Source: Colorado River. Date of Appropriation: December 21, 2010. How appropriation was initiated: By formation of the requisite intent to appropriate combined with actions manifesting and providing notice of that intent, including but not limited to, the Applicant’s Resolution No. 2010-12-33, December 21, 2010 and Resolution No. 2010-12-41, dated December 28, 2010, public meetings, posting notice of the appropriation at the Hot Sulphur Springs Whitewater Park, and the filing of this application. Date Water Applied to Beneficial Use: Not applicable. This claim is for a conditional water right. Amounts Claimed (Conditional): Season: April 1 – October 15; Flows: Not to exceed 900 cfs. Applicant hereby reserves the right and gives notice to all interested parties that it will further refine the time periods and flow rates for the Hot Sulphur Springs Whitewater Park and provide such information to the CWCB and Objectors, but Applicant’s water rights associated with the Hot Sulphur Springs Whitewater Park will not exceed the above-listed flow rate nor extend beyond the season listed. Use: All recreational uses in and on the Colorado River including without limitation, boating, rafting, kayaking, tubing, floating, canoeing, paddling, and all other non-motorized recreational uses. Surface Water Right for Recreational In-Channel Diversion: Gore Canyon Whitewater Park. Legal Description: The Gore Canyon Whitewater Park will be located in and on the Colorado River below Big Gore Canyon in parts of the W½ of Section 7, T. 1 S., R. 81 W., 6th P.M. and the E½ of Section 12, T. 1 S., R. 82 W., 6th P.M. The project boundaries for the Gore Canyon Whitewater Park are shown on the map attached as Exhibit B. The Gore Canyon Whitewater Park will include at least two control structures in the area identified on Exhibit B. Source: Colorado River. Date of Appropriation: December 21, 2010. How appropriation was initiated: By formation of the requisite intent to appropriate combined with actions manifesting and providing notice of that intent, including but not limited to, the Applicant’s Resolution No. 2010-12-33, dated December 21, 2010 and Resolution No. 2010-12-41, dated December 28, 2010, public meetings, posting notice of the appropriation at the Gore Canyon Whitewater Park, and the filing of this application. Date Water Applied to Beneficial Use: Not applicable. This claim is for a conditional water right. Amounts Claimed (Conditional): Season: April 1 – October 15; Flows: Not to exceed 2,500 cfs. Applicant hereby reserves the right and gives notice to all interested parties that it will further refine the time periods and flow rates for the Gore Canyon Whitewater Park and provide such information to the CWCB and


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Objectors, but Applicant’s water rights associated with the Gore Canyon Whitewater Park will not exceed the above-listed flow rate nor extend beyond the season listed. Use: All recreational uses in and on the Colorado River including without limitation, boating, rafting, kayaking, tubing, floating, canoeing, paddling, and all other non-motorized recreational uses. General Remarks: On information and belief and based upon the Grand County Assessor records, the names and addresses of owners of land upon which the Whitewater Parks will be located are: Gore Canyon Whitewater Park: Bureau of Land Management, Kremmling Field Office, 2103 E. Park Avenue, P.O. Box 68, Kremmling, Colorado 80459. Hot Sulphur Springs Whitewater Park: Town of Hot Sulphur Springs, 513 Aspen St, Box 116, Hot Sulphur Springs, Colorado 80451. This application is made pursuant to, inter alia, Colo. Const. Art. XVI, § 5 Art. XVI, § 6, and C.R.S. §§ 37-92-101, et seq. Pursuant to C.R.S. § 37-92-102(5), within 30 days of filing this application, Applicant will submit a copy of the application to Colorado Water Conservation Board for review. Additional Information: The application, including exhibits, contains additional information regarding this Application and is available from the District Court in and for Water Division 5. (7 pages including exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW299 ROUTT COUNTY, COTTONWOOD CREEK, TRIBUTARY TO COLORADO RIVER. Lawrence Chadwick, c/o Scott Balcomb, Esq., and Scott Grosscup, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. APPLICATION FOR SURFACE WATER RIGHT. Chadwick Pump and Pipeline. Legal: NE1/4SW1/4 of Sec. 25, T. 1 S., R. 84 West, 6 P.M. at a point 2140 feet from the South Section Line and 2420 feet from the West Section Line. Figure 1. Source: Cottonwood Creek trib. to the Colorado River and springs and irrigation wastewater trib. to Cottonwood Creek. Approp: August 31, 2004. Initiated by construction of Chadwick Pump and Pipeline and intent to appropriate water rights. Date of Beneficial Use: May 1, 2005. Amt.: 0.25 cfs, Absolute. Uses: Irrigation of up to 9.2 acres located in the NE1/4SW1/4 of Sec. 25, T. 1 S., R. 84 West, 6th P.M. and livestock watering, Figure 2. Name of Owner of the Land Upon Which the Structure Will be Located: Applicant. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW300 ROUTT COUNTY, COTTONWOOD CREEK, TRIBUTARY TO COLORADO RIVER. Kennth and Susan Chadwick, c/o Scott Balcomb, Esq., and Scott Grosscup, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. APPLICATION FOR WATER SURFACE RIGHTS. Kenny Spring No. 1. Legal: SE1/4SW1/4of Sec. 24, T. 1 S., R. 84 West, 6 P.M. at a point 950 feet from the S. Sec. Line and 1790 feet from the W. Sec. Line. Figure 1. Source: Spring tributary to an unnamed trib. of Cottonwood Creek trib. to the Colorado River. Approp.: December 31, 2010. Initiated by filing of application and formation of intent to appropriate. Amt.: 0.5 cfs, cond. Kenny Spring No. 2. Legal: SE1/4SW1/4 of Sec. 24, T. 1 S., R. 84 West, 6 P.M., at a point 750 feet from the S. Sec. Line and 1750 feet from the W. Section Line. Figure 1. Source: Unnamed trib. of Cottonwood Creek, trib. to the Colorado River. Approp.: December 31, 2010 . Initiated by filing of application and formation of intent to appropriate. Amt. Claimed: 0.5 cfs, cond. Kenny Wastewater Pump and Pipeline. Legal: SE1/4SW1/4 of Sec. 24, T. 1 S., R. 84 West, 6 P.M. at a point 788 feet from the S. Sec. Line and 1,720 feet from the W. Sec. Line. Figure 1. Source: Irrigation wastewater collected in an unnamed trib. of Cottonwood Creek, trib. to the Colorado River. Approp.: December 31, 2010. Initiated by filing of application and formation of intent to appropriate. Amt.: 1.5 cfs, cond. Uses for all structures: Irrigation of up to 14.6 acres located in Sec. 24, T. 1 S., R. 84 W. of the 6th P.M. and livestock watering. Figure 2. Name of Owner of the Land Upon Which the Structure Will be Located: Applicants. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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,


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CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW301 APPLICATION FOR WATER RIGHT. CONCERNING THE APPLICATION FOR WATER RIGHTS OF IRON ROSE LAND & CATTLE II, LLC., IN PITKIN COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and address of Applicant: Iron Rose Land & Cattle II, LLC, c/o Thomas Bailey, 1000 Blue Heron Lane, Carbondale, CO 81623. Direct all pleadings to: Glenn E. Porzak, Kevin J. Kinnear, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 2. Name of Structures: Pioneer Ditch and Lowline Ditch 3. Legal description of points of diversion: A. The Pioneer Ditch headgate is located in the SE ¼ NE ¼ of Section 28, Township 8 South, Range 88 West of the 6th P.M. in Pitkin County, Colorado, at a point 2,170 feet south of the north section line and 635 feet west of the east section line of said Section 28. B. The Lowline Ditch headgate is located in the SE ¼ SW ¼ of Section 27, Township 8 South, Range 88 West of the 6th P.M. in Pitkin County, Colorado, at a point 1,070 feet north of the south section line and 2,285 feet east of the west section line. 4. Source: A. Pioneer Ditch: THOMPSON CREEK, TRIBUTARY OF THE CRYSTAL RIVER, TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. B. Lowline Ditch: Crystal River, tributary of the Roaring Fork River, tributary of the Colorado River. 5. Appropriation: A. Date: May 1, 1881 for the Pioneer Ditch, and September 25, 1890 for the Lowline Ditch. B. How initiated: Based on discussions with former owners, the subject water rights have always been used for stock watering since their respective appropriations. 6. Amount claimed: 2.0 cubic feet per second, absolute, from each ditch. 7. Uses: Stock watering of livestock on property owned by Applicant located in sections 10 and 15, Township 8 South, Range 88 West of the 6th P.M. in Pitkin County, Colorado. 8. Names and addresses of owners of land on which new or modified structure is located: Other than small movable stock tanks located on Applicant’s property, there will be no storage structures constructed in connection with this application. The owner of land upon which the Pioneer Ditch headgate is located is SBS Family LTD Partnership, 633 Highway 133, Carbondale, CO 81623. The owner of the land upon which the Lowline Ditch headgate is located is Pitkin County, 530 E. Main Street #302, Aspen, CO 81611. WHEREFORE, Applicant respectfully requests that a decree be entered for the subject water right described above, and grant such other relief as the Court deems appropriate and necessary. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW302 GARFIELD COUNTY; COLORADO RIVER. Application for Surface Water Rights and Water Storage Right. Richard G. and Abbi D. Withrow, c/o Sara M. Dunn, Balcomb & Green, P.C., 818 Colorado Avenue, Glenwood Springs, CO 81601, Ph: (970) 945-6546. Please direct all correspondence and pleadings to counsel. FIRST CLAIM: Withrow Spring No. 1. Legal description: NE1/4 SE1/4, Sec. 23, T. 6 S., R. 94 W., 6th P.M. located within 200 ft. of UTM Coordinates: Northing: 0254939, Easting: 4377083, Zone 13. Source: Tributary to the Colorado River. Amt. 1.0 cfs, conditional, cumulative with the Withrow Springs No. 2, 3, and 4. Uses: supplemental irrigation of 20 acres of hay pastures on Applicants’ property situated in the E1/2 of the SE1/4 of Sec. 23, T. 6 S., R. 94 W., 6th P.M. Domestic, fire protection, delivery of water into storage at the Withrow Pond, wildlife and stock watering. SECOND CLAIM: Withrow Spring No. 2. Legal description: NE1/4 SE1/4, Sec. 23, T. 6 S., R. 94 W., 6th P.M. also located within 200 ft. of UTM Coordinates: Northing: 0254939, Easting: 4377083, Zone 13. Source: springs tributary to the Colorado River. Amt. 1.0 cfs, conditional, cumulative. Uses: supplemental irrigation water for 20 acres of hay pastures on Applicants’ property and domestic, fire protection, delivery of water into storage in the Withrow Pond, wildlife and stock watering. THIRD CLAIM: Withrow Spring No. 3. Legal description: NE1/4 SE1/4, Sec. 23, T. 6 S., R. 94 W., 6th P.M. located within 200 ft. of UTM Coordinates: Northing: 0254933, Easting: 4377082, Zone 13. Source: springs tributary to the Colorado River. Amt. 1.0 cfs, conditional, cumulative. Uses: supplemental irrigation water for 20 acres of hay pastures on Applicants’ property and domestic, fire protection, delivery of water into storage in the Withrow Pond, wildlife and stock watering. FOURTH CLAIM: Withrow Spring No. 4. Legal description: NE1/4 SE1/4, Sec. 23, T. 6 S., R. 94 W., 6th P.M. located within 200 ft. of UTM Coordinates: Northing: 0254933, Easting: 4377082, Zone 13. Source: springs tributary to the Colorado River. Amt. 1.0 cfs, conditional, cumulative. Uses: supplemental irrigation water for 20 acres of hay pastures on Applicants’ property and domestic, fire protection, delivery of water into storage in the Withrow Pond, wildlife and stock watering. FIFTH CLAIM: Withrow Pond. Legal description of location of reservoir:


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NE1/4 SE1/4, Sec. 23, T. 6 S., R. 94 W., 6th P.M. at a point 1320 ft. from the E. sec. line and 1690 ft. from the S. sec. line. Source: Springs tributary to the Colorado River, surface and runoff water tributary to the Colorado River. Amt.: 10 a.f., conditional. Uses: Temporary storage for supplemental irrigation water, fire protection, piscatorial, stock watering and wildlife watering. Surface area of high water line: 1.25 acres. Vertical height of dam less than 10 ft. Length of dam: approx. 100 ft. Appropriation date for all structures claimed herein: January 17, 2005 by field inspection, observation of spring sources and formation of intent to place water to beneficial use. Date water applied to beneficial use: N/A. Name and address of owner or reputed owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Applicants. The water rights claimed herein will be components of an integrated water supply system for Applicants’ property. (11 pages, incl. 3 exhibits Aerial, Map and Legal) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW303 MESA COUNTY AND GARFIELD COUNTY - Colorado River; George H. Gipp and Joann Gipp Living Trust, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; APPLICATION FOR SURFACE RIGHTS AND WATER STORAGE RIGHTS; Name, mailing address, and home telephone number of applicant: George H. Gipp and Joann Gipp Living Trust c/o George Gipp, 66320 Highway 330 E, Collbran, CO 81624, (970) 487-3410; Application for water storage right: Name of reservoir: Spring Pond; Legal description: in the NE/4 NW/4 of Section 19, Township 9 South, Range 93 West, 6th P.M., at a point 233 feet from the north section line and 1,740 feet from west section line; Source: Horse Gulch, tributary to Buzzard Creek, tributary to Plateau Creek, tributary to the Colorado River. The Spring Pond is an on-channel structure with a bottom release; Information regarding appropriation: Appropriation date: June 1, 1965; How appropriation was initiated: By construction of the pond; Date water applied to beneficial use: June 1, 1965; Amount claimed: 0.37 acre-feet (“a.f.”), absolute, with right to fill and continuously refill when in priority; Use: Irrigation, commercial, industrial, stock watering, wildlife watering directly from pond and fire protection; Regarding irrigation: Water stored in the Spring Pond has been released to the Advent Ditch and Jo Pond for the supplemental irrigation of 76.9 acres; Regarding nonirrigation uses: Water stored in the Spring Pond has been released and delivered downstream to the Jo Pond and the Gipp Pond where it has been put to industrial or commercial use off-site; Surface area of high water line: 0.13 acres; Vertical height of dam: 5 feet; Length of dam: 90 feet; Total capacity: 0.37 a.f., all active; Application for water storage right: Name of reservoir: Jo Pond; Legal description: in the SE/4 SW/4 of Section 18, Township 9 South, Range 93 West, 6th P.M., at a point 675 feet from the south section line and 2,100 feet from west section line; Source: the Advent Ditch, which diverts from Buzzard Creek, tributary to Plateau Creek, tributary to the Colorado River. Water may also be transferred to the Jo Pond from the Spring Pond; If off-channel reservoir: The Jo Pond is filled with diversions under the 3.00 cubic feet per second (“c.f.s.”) water right in the Advent Ditch, Gipp Enlargement requested below. The point of diversion is located in the NE/4 NE/4 of Section 19, Township 9 South, Range 93 West, 6th P.M., 1,084 feet from the north section line and 96 feet from the east section line; Information regarding appropriation: Date of appropriation: August 1, 1984; How appropriation was initiated: By construction of the pond; Date water applied to beneficial use: August 1, 1984; Amount claimed: 13.06 a.f., absolute, with the right to fill and continuously refill when in priority; Use: Irrigation, commercial, industrial, piscatorial, recreation, stock watering, wildlife watering directly from reservoir and fire protection; Regarding irrigation: Water stored in the Jo Pond has been released and delivered through the Advent Ditch for the irrigation of the 35.4 acres; Regarding non-irrigation uses: Water stored in the Jo Pond has been used directly from the Jo Pond for industrial and commercial uses, and has also been released and delivered downstream to the Gipp Pond for those uses; Surface area of high water line: 2.14 acres; Vertical height of dam: 8 feet; Length of dam: 500 feet; Total capacity: 13.06 a.f., all active; Application for surface right: Name of water right: Advent Ditch, Gipp Enlargement; Legal description of point of diversion: in the NE/4 NE/4 of Section 19, Township 9 South, Range 93 West, 6th P.M. at a point located 1,084 feet from the north section line and 96 feet from the east section line; Source: Buzzard Creek, tributary to Plateau Creek, tributary to the Colorado River; Information regarding appropriation: Date of appropriation: August 1, 1984; How appropriation was initiated: By construction of the Jo Pond and diversions for the filling that structure; Date water applied to beneficial use: August 1, 1984; Amount claimed: 3 c.f.s., absolute; Use: Filling the Jo Pond, requested above, and the Gipp Pond, requested, below, for subsequent use for irrigation, commercial, industrial, piscatorial, recreation, stock watering, wildlife watering (directly from reservoir) and fire protection; Application for water storage right: Name of reservoir: Gipp Pond; Legal description: in the NE/4 NE/4 of Section 24, Township 9 South, Range 94 West, 6th P.M. 135 feet from the north section line and 860 feet from east section line; Source: Horse Gulch via releases from the Spring Pond, Buzzard Creek via the Advent Ditch, Gipp Enlargement, Collier Creek via releases from the High Pond, and return flows from irrigated land under the Gipp Ditch, all tributary to Plateau Creek, tributary to the Colorado River;


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Information regarding appropriation: Date of appropriation: January 31, 1977; How appropriation was initiated: By construction of the reservoir; Date water applied to beneficial use: April 1, 1977; Amount claimed: 16.1 a.f., absolute, with the right to fill and continuously refill when in priority; If off-channel reservoir: The Gipp Pond will be filled with diversions from the Advent Ditch under the 3 c.f.s. water right requested above. Use: Commercial, industrial, piscatorial, recreation, stockwatering, wildlife water directly from pond, and fire protection; Regarding non-irrigation use: Applicant has contracted to sell water from the Gipp Pond for commercial and industrial purposes for use off Applicant’s property; Surface area of high water line: 3.47 acres; Vertical height of dam: 6 feet; Length of dam: 900 feet; Total capacity: 16.1 a.f., all active; Application for water storage right: Name of reservoir: High Pond; Legal description: in the SE/4 SE/4 of Section 13, Township 9 South, Range 94 West, 6th P.M. 358 feet from the south section line and 1,300 feet from east section line; Source: Collier Creek, tributary to Buzzard Creek, tributary to Plateau Creek, tributary to the Colorado River; If off-channel reservoir: The High Pond is filled by diversions under the 1 c.f.s. water right sought for High Pond Diversion, below; Information regarding appropriation: Date of appropriation: August 1, 1984; How appropriation was initiated: By construction of the pond; Date water applied to beneficial use: August 1, 1984; Amount claimed: 5.44 acre-feet, absolute, with right to fill and continuously refill when in priority; Uses: Commercial, industrial, piscatorial, recreation, stock watering, wildlife watering directly from pond, and fire protection; Regarding non-irrigation use: Water from the High Pond is delivered through a pipeline to the Gipp Pond where Applicant has contracted to sell it for commercial and industrial uses off Applicant’s property; Surface area at high water line: 0.66 acres; Vertical height of dam: 13 feet; Length of dam: 175 feet; Total capacity of reservoir: 5.44 acre-feet, all dead storage; Application for surface right: Name of water right: High Pond Diversion; Legal description of point of diversion: in the SW/4 SE/4 of Section 13, Township 9 South, Range 94 West, 6th P.M. at a point 757 feet from the south section line and 1,417 feet from the east section line; Source: Collier Creek, tributary to Buzzard Creek, tributary to Plateau Creek, tributary to the Colorado River; Information regarding appropriation: Date of appropriation: August 1, 1984; How appropriation was initiated: By construction of the High Pond and the diversion of water to fill that structure; Date water applied to beneficial use: August 1, 1984; Amount claimed: 1 c.f.s., absolute; Use: Filling the High Pond, requested above, for subsequent use for commercial, industrial, piscatorial, recreation, stock watering, wildlife watering directly from pond, and fire protection. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW304 GARFIELD COUNTY, DIVIDE CREEK, Application for Surface and Storage Water Rights and Plan of Augmentation w/ exchange, Perry Dan Rodreick c/o Sherry Caloia, LLC, 1204 Grand Ave, Glenwood Spgs, CO 81601 (970) 945-6067. Application for Water Storage Rights: R-4 Rodreick Reservoir, 1st Enl, outlet in NE¼NW¼ Sec 31, T 6 S, R 91 W of the 6th P.M., 680 ft from N sec line and 2290 ft from W Sec line, Approp: 8/31/2005, by construction of enlargement and storage of water and formation of intent to use water for beneficial uses and use of water on 11/1/2005, Amt 3.9 af Abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection and industrial and 45.22 af cond for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection and industrial w/right to fill and refill in priority. DR Pond #1 located in NE¼NW¼ Sec 31, T 6 S, R 91 W of the 6th P.M., 312 ft from N sec line and 1770 ft from W Sec line, Approp 8/31/1990 by construction of pond and storage of water and formation of intent to use water for beneficial uses and use of water on 11/1/1990, Amt: 3.50 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection and industrial and 3.50 af cond for industrial, augmentation, replacement and exchange w/ right to fill and refill in priority. DR Pond #2, outlet in NE¼NW¼ Sec 31, T 6 S, R 91 W of the 6th P.M., 81 ft from N Sec line and 1760 ft from W Sec line, Approp 8/31/2005 by construction of pond and storage of water and formation of intent to use water for beneficial uses and use of water on 11/1/2005, Amt 3.7 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection and industrial, and 3.7 af cond for industrial, replacement, augmentation and exchange w/ right to fill and refill in priority. DR Pond #3, outlet in SE¼SW¼ Sec 30, T 6 S, R 91 W of the 6th P.M., 105 ft from S sec line and 1730 ft from W Sec line, Approp 8/31/2005, by construction of enlargement and storage of water and formation of intent to use water for beneficial uses and use of water on 11/1/2005, Amt: 6 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection and industrial and 6 af cond for industrial, replacement, augmentation and exchange w/ right to fill and refill in priority. DR Pond #4 in SE¼SW¼ Sec 30, T 6 S, R 91 W of the 6th P.M., 760 ft from S sec line and 1622 ft from W Sec line. Approp: 8/ 31/2005, by construction of enlargement and storage of water and formation of intent to use water for beneficial uses and use of water on 11/1/2005, Amt: 1.1 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection and 1.1 af cond for industrial, replacement and augmentation and exchange w/right to fill and refill in priority. DR Pond #5 located in SE¼SW¼ Sec 30, T 6 S, R 91 W of the 6th P.M., 947 ft from S sec line and 1720 ft from W Sec line, Approp 8/31/2005 by


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construction of pond, storage of water, formation of intent to use water for beneficial uses and use of water on 11/1/2005, Amt: 5.5 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, and fire protection and 5.5 af cond for industrial, replacement, augmentation and exchange w/ right to fill and refill in priority. DR Pond #6 located in SE¼SW¼ Sec 30, T 6 S, R 91 W of the 6th P.M., 1105 ft from S sec line and 1740 ft from W Sec line, Approp: 8/31/2005, by construction of pond, storage of water, formation of intent to use water for beneficial uses and use of water on 11/1/2005, Amt: 4.75 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, and fire protection and 4.75 af cond for industrial, replacement and augmentation and exchange w/ right to fill and refill in priority. DR Pond #7 located in NE¼SW¼ Sec 30, T 6 S, R 91 W of the 6th P.M., 1330 ft from S sec line and 1835 ft from W Sec line, Approp 8/31/2005, by construction of pond, storage of water, formation of intent to use water for beneficial uses and use on 11/1/2005 Amt: 7.6 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection, replacement, augmentation and exchange and 7.6 af cond for industrial, replacement and augmentation and exchange w/ right to fill and refill in priority. DR Pond #8 located in NE¼SW¼ Sec 30, T 6 S, R 91 W of the 6th P.M., 1320 ft from S sec line and 2415 ft from W Sec line. Approp: 8/31/2006 by construction of pond, storage of water, formation of intent to use water for beneficial uses and use of water on 11/1/2006, Amt: 5.0 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection, replacement, exchange and augmentation and 5.0 af cond for industrial, replacement, augmentation and exchange w/ right to fill and refill in priority. DR Pond #9 located in NW¼SE¼ Sec 30, T 6 S, R 91 W of the 6th P.M., 1368 ft from S sec line and 1855 ft from W Sec line, Approp 8/31/2000, by construction of pond, storage of water, formation of intent to use water for beneficial uses and use of water on 11/1/2000, Amt: 3.2 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection, replacement, exchange and augmentation and 3.2 af cond for industrial, replacement, augmentation and exchange w/ right to fill and refill in priority. DR Pond #10 located in SW¼SE¼ Sec 30, T 6 S, R 91 W of the 6th P.M. 1065 ft from S sec line and 1653 ft from W Sec line, Approp 8/31/2008 by construction of pond, storage of water, formation of intent to use water for beneficial uses and use of water on 11/1/2008, Amt: 2.5 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection and replacement, augmentation and exchange and 2.5 af cond for industrial, augmentation replacement and exchange w/ right to fill and refill in priority. R-4 Hidden Pond #2, 1st Enl located in SW¼ SE¼ Sec 30, T 6 S, R 91 W of the 6th P.M., 712 ft from S sec line and 2413 ft from E Sec line, Approp: 8/31/2005, by construction of enlargement, storage of water, formation of intent to use water for beneficial uses and use of water on 11/1/2005, Amt 4.5 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection and 10 af cond for industrial, replacement, augmentation and exchange w/right to fill and refill in priority. R-4 Duck Pond, 1st Enl located in SE¼SW¼ Sec 30, T 6 S, R 91 W of the 6th P.M., 1175 ft from S sec line and 2300 ft from W Sec line, Approp: 8/31/2005, by construction of enlargement, storage of water, formation of intent to use water for beneficial uses and use of water on 11/1/2005, Amt: 5.17 af abs for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection and industrial and 15.50 af cond for industrial, replacement, augmentation and exchange w/ right to fill and refill in priority. Reiger Pond, 3rd Enl located in SE¼SW¼ Sec 30, T 6 S, R 91 W of the 6th P.M., 525 ft from S sec line and 1720 ft from W Sec line, Approp: 8/31/2005, by construction of enl, storage of water, formation of intent to use water for beneficial uses and use of water on 11/1/2005, Amt 7.25 af abs for industrial, irrigation, recreation, piscatorial, aesthetic and wildlife, wetlands creation, fire protection and 16.65 af cond for industrial, replacement and augmentation and exchange w/ right to fill and refill in priority. Source for All Ponds: runoff and irrigation wastewater trib to Gibson Gulch and Divide Creek, tributary to Colorado River, and Tallmadge and Gibson Ditch described below. Ponds DR #9 + 10 and the R-4 Duck Pond are also filled with springs trib to Gibson Gulch and Divide Cr. All irrigation use is for 73 acres located on Applicant’s property located in SW¼SE¼ and SW¼SE¼ Sec 30 and NE¼NW¼ Sec 31 T6S R91W 6th PM. Owner of land upon which ponds are located: Applicant. Tallmadge and Gibson Ditch, Rodreick Enl, pt of div is on E bank of E Divide Cr at pt from whence N quarter corner of Sec 12, T7S R92W 6th PM bears N 32 degrees 46 minutes, W 1570 ft or in SW¼ NE¼ Sec 12 T7S R92W 6th PM, 1605 ft from N sec line and 1640 feet from E sec line, Source: E Divide Cr trib to Divide Cr and CO River, Approp:11/1/2005, by construction of ponds, reservoirs and enlargements listed above and diversion of water into ponds w/ storage and beneficial use of water on 8/ 31/2005 Amt: 5.7 cfs abs and 5.7 cfs cond Uses: to fill ponds listed above for uses listed above. Owner of property where headgate located: Josef Langegger, dba Twin Creek Ranch, 3807 Lupine Drive, Vail, CO 81657.. Augmentation plan with exchange: Structures to be augmented: DR Pond #1 - 10, R-4 Rodreick Res, R-4 Duck Pond, R-4 Hidden Pond #2, Reiger Pond, R-4 Pond #3. All are adjudicated herein and/or in 89CW046, 97CW264 and 92CW344. Water rights used for augmentation and exchange: DR Pond #1 - 10, R-4 Rodreick Res, R-4 Duck Pond, R-4 Hidden Pond #2, Reiger Pond, and R-4 Pond #3. App’s prop located in SE1/4SW1/4 Sec 30,SW1/4SE1/4 Sec 30 and NE1/4NW1/4 Sec 31 T6S R91W 6thPM. Plan augments evap from ponds. Table 1 Rodreick Plan for Augmentation – Water Rights Data

Reservoir Surface Max. Dam Dam Total Name Area Height Length Capacity (acres) (feet) (feet) (acre-feet) R-4 Rodreick Res w/Enl 5.25 16 800 45.22 R-4 Duck Pond w/ Enl. 2.00 10 420 15.5 R-4 Hidden Pond # 2 w/Enl. 1.20 10 400 10.0


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R-4 Pond 3 0.55 4 320 2.0 Rieger Pond w/ all Enls 1.52 18 220 16.65 DR Pond No. 1 0.60 10 350 3.5 DR Pond No. 2 1.00 6 400 3.7 DR Pond No. 3 0.75 10 400 6.0 DR Pond No. 4 0.45 6 300 1.1 DR Pond No. 5 0.75 10 400 5.5 DR Pond No. 6 0.65 10 400 4.75 DR Pond No. 7 0.95 10 450 7.6 DR Pond No. 8 0.70 10 500 5.0 DR Pond No. 9 0.65 10 400 3.2 DR Pond No. 10 0.50 10 400 2.5

Annual evaporation from ponds is 45.0 inches. 1 surface acre = 3.43 af evap per year, total max ann evap is 60.1 af (evap amt decreases as ponds are lowered). Summary of max evap diversions and depletions provided. Releases to be made from 1 or more of the ponds to replace for out of priority monthly evap for which inflow is not curtailed and evap loss is replaced during senior call. All releases made to Gibson Gulch which flows into Divide Cr in SE¼SE¼ Sec 24 T6S R92W 6th PM . (19 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW305 PITKIN COUNTY. APPLICATION FOR SURFACE WATER RIGHT APPROPRIATIONS FOR RECREATIONAL IN-CHANNEL DIVERSION. 1. Name, address and telephone number of applicants: Board of County Commissioners of Pitkin County, c/o John M. Ely, Pitkin County Attorney, 530 East Main Street, Third Floor, Aspen, Colorado 81611, (970) 920-5190. Direct pleadings to Timothy J. Beaton, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, Colorado 80306-1440. 2. Introduction: This application seeks two conditional recreational in-channel diversion (“RICD”) water right appropriations for the Pitkin County River Park Project, which consists of two in-channel diversion and control structures that divert, capture, possess, and/or control the flow of the Roaring Fork River in its natural course to create reasonable recreation experiences in and on the water for all non-motorized boating and related recreational uses as described more fully below. 3. Name of structures: The Pitkin County River Park Project is comprised of two control structure units: (1) the Pitkin County River Park Project Upper Control Structures (“Upper Structure Unit”) and (2) the Pitkin County River Park Project Lower Control Structures (“Lower Structure Unit”). 4. Description of conditional water right appropriations: A. Location of structures: The Pitkin County River Park Project will be located on the Roaring Fork River downstream of the Highway 82 Upper Bypass Bridge, upstream of the confluence of the Fryingpan and Roaring Fork Rivers, within the channel of the Roaring Fork River in Sections 17 and 18, Township 8 South, Range 86 West of the 6th P.M., Pitkin County, Colorado. The Pitkin County River Park Project will consist of two structure units within the Roaring Fork River. This application seeks two RICD water right appropriations, one for each of the two structure units, each of which will, by design, control, concentrate and direct the stream flows between the upper and lower extent of that structure units, independent of the other structure units, for the beneficial uses described below. A map depicting the upstream and downstream extent of the Pitkin County River Park Project, within which both structure units will be constructed, is attached as Exhibit A. Each of the two structure units will be constructed in the channel of the Roaring Fork River between the following two points: i. The Pitkin County River Park Project Upstream Extent will be located in the SW¼ of the NW¼ of Section 17, Township 8 South, Range 86 West, 6th P.M., Pitkin County, Colorado, at a point 320 feet from the west section line and 1480 feet from the north section line of said Section 17. ii. The Pitkin County River Park Project Downstream Extent will be located in the NE¼ of the NE¼ of Section 18, Township 8 South, Range 86 West, 6th P.M., Pitkin County, Colorado, at a point 265 feet from the east section line and 560 feet from the north section line of said Section 18. The precise location of the two structure units and related water right appropriations, upon construction, may be located within this stretch of the Roaring Fork River. Provided that the structure unit locations remain within the stream reach described above, the actual locations will be described in the decree entered herein, identified by upper and lower control structures for each of the two structure units, or, if such decree is entered before construction of any or all of the structures, in subsequent applications for diligence or to make absolute the water rights claimed herein. B. Source: Roaring Fork River, tributary to the Colorado River. C. Appropriation: i. Date of appropriation: July 13, 2007. ii. How appropriation was initiated: Engineering,


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field work, planning, considerations and decisions of the Board of County Commissioners, and posting notice of the appropriations. iii. Date water first applied to beneficial use: Not applicable. D. Amounts claimed: Applicant claims two RICD water right appropriations for the following time periods and amounts, CONDITIONAL, as follows: i. Upstream Structure Units: Between April 1 and Labor Day of each year, this RICD water right appropriation will not exceed 1,500 cfs. ii. Downstream Structure Units: Between April 1 and Labor Day of each year, this RICD water right appropriation will not exceed 2,000 cfs. iii. Pitkin County hereby reserves the right to refine time periods and flow rates associated with either or both of the RICD water right appropriations claimed in this application. The RICD water right appropriations will not extend beyond the time periods listed above nor exceed the flow rates listed above for each RICD water right appropriations. Because any refinement in time periods and flow rates would constitute a reduction in the claims, the above constitutes notice to all interested parties. iv. The above amounts are claimed as conditional. However, Pitkin County reserves the right to seek these amounts as absolute to the extent that the Pitkin County River Park Project or individual Structure units are constructed and flows are placed to beneficial use prior to the date of entry of a decree in this case. E. Beneficial use: Recreational uses including all beneficial uses associated with RICD water rights as permitted under Colorado Law as may be later changed or amended, including but not limited to non-motorized boating including kayaking, canoeing, rafting, tubing, floating, and paddling. 5. Name and address of owner of land upon which any new diversion structure or modification to any existing diversion structure is or will be constructed: Town of Basalt, Tom Smith, County Attorney, 600 E. Hopkins, Aspen, CO 81611, 970-925-2600; Tom Kinney, Town of Basalt Water Rights Counsel, 201 Main Street #301, Carbondale, CO 81623-2216, 970-963-3900; Fredrick S. Arbaney Trust, Josephine Arbaney, Trustee, 252 Cottonwood Drive, Basalt, CO 81621; Applicant, c/o John M. Ely, Pitkin County Attorney, 530 East Main Street, Third Floor, Aspen, Colorado 81611, (970) 920-5190. WHEREFORE, Applicants respectfully request this Court enter a decree granting the two conditional recreational in-channel diversion water right appropriations claimed in this application for the Pitkin County River Park and granting such other relief as may be appropriate. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW306 EAGLE COUNTY, EAGLE/COLORADO RIVERS. Application for Underground Water Rights, Exchange and Plan for Augmentation. Mike Young, c/o Jefferson V. Houpt, Beattie, Chadwick & Houpt, 932 Cooper Avenue, Glenwood Springs, (970) 945-8659. Structure: Dotsero Station Well No. 1. Location: SE¼NE¼, Sec 5, T 5 S, R 86 W, 6th P.M. at a point 2,600 ft from S line and 50 ft from E line. Source: groundwater trib to Eagle River, trib to Colorado River. Depth: approx 33 ft. Appropriation date: 11/01/2010. Amount: 0.11 c.f.s., conditional; 9.1 af annually. Uses: domestic, commercial, irrigation and fire protection. Max area irrigated: 1.0 acre. Structure: Dotsero Station Well No. 2. Location: SW¼NE¼, Sec 5, T 5 S, R 86 W, 6th P.M. at a point 1,870 ft from N line and 1,770 ft from E line. Source: groundwater trib to Colorado River. Depth: approx 100 ft. Appropriation date; 11/01/2010. Amount: 0.11 cfs, conditional, 9.1 af annually. Use: domestic, commercial, irrigation and fire protection. Max area irrigated: 1.0 acre. The max combined rate of diversion and annual volume of groundwater production by Dotsero Station Well Nos. 1 and 2 shall not exceed 0.11 cfs or 9.1 af annually. Structures augmented: Dotsero Station Well Nos. 1 and 2. Water rights for augmentation: (i) Green Mountain Reservoir; and (ii) Eagle Park, Wolford Mountain and/or Ruedi Reservoirs. Green Mountain Reservoir: Applicant is entitled to the release of 6.0 af annually pursuant to BOR Contract No. 0-07-60-W0550. The water right decreed to Green Mountain Reservoir is described as follows: Decree entered 10/12/1955. Consolidated Case Nos. 2783, 5016, 5017, Federal Dist Court, Dist of Colorado. Place of storage: Sections 11 to 15 and 24, T 6 S, R 80 W, 6th P.M.; and Sections 17-21, 28, 29, 33 and 34, T 2 S, R 79 W, 6th P.M. Source: Blue River, trib to Colorado River. Eagle Park, Wolford Mountain and Ruedi Reservoirs: Applicant has applied for a contract under which Applicant will be entitled to the release of 3.5 af of water annually stored under the following water rights: Eagle Park Reservoir. 2,000 shares of Class A, Series 2 stock in the Eagle Park Reservoir Company, which entitle the River District to up to 200 af from Eagle Park Reservoir and the Arkansas Well more particularly described as follows: (1) Eagle Park Reservoir, decreed in Cases No. 92CW340 and 93CW301, for a combined total capacity of 27,600 af, with an approp date of 03/16/1991, for 5300 af, and 05/18/1993, for 22,300 af, together with 80 cfs under the 08/10/1956 approp date of the Pando Feeder Canal pursuant to the decree in Case No. 97CW288, for augmentation and other beneficial purposes. Eagle Park Reservoir is augmented by exchange by decree in Case No. 95CW348. The dam is located approx 160 ft N of S sec line and 650 ft E of W sec line of Sec 28, T. 7 S., R. 79 W., 6th P.M., Eagle County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River and water trib to Tenmile Creek a trib of the Blue River. The points of diversion are: (a) The East Fork Interceptor Ditch: (i) 900 ft S of N sec line and 1100 ft W of E sec line of Sec 5, T. 8 S., R. 79 W., 6th P.M.; (ii) 1250 ft S of N sec line and 700 ft E of W sec line of Sec 4, T. 8 S., R. 79 W., 6th P.M.; (iii) 1200 ft N of S sec line and 800 ft E of W sec line of Sec 33, T. 7 S., R. 79 W., 6th P.M.; and (iv) runoff, surface flow, and seepage from the area above the East Fork Interceptor Ditch. (b) The Chalk Mountain Interceptor


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Ditch located in the W1/2 of Sec 11, T. 8 S., R. 79 W., 6th P.M., which diverts water from the headwaters of Tenmile Creek in Summit County and from the headwaters of the East Fork of the Eagle River in Eagle County. (c) The East Interceptor Ditch, which runs northeasterly from a point whence the NE corner of Sec 2, T. 8 S., R. 79 W., 6th P.M. bears North 77°20' East a distance of 850 ft at the north fork of McNulty Creek and diverts water from the north fork of McNulty Creek. (d) The Supply Canal No. 1, which diverts from tributaries of Tenmile Creek at the following points: (i) on the west bank of Humbug Creek at a point whence the SW corner of Sec 18, T. 7 S., R. 78 W. bears S 71°35' W a distance of 3250 ft; and (ii) on the south bank of Mayflower Creek at a point whence the NE corner of Sec 24, T. 7 S., R. 79 W., 6th P.M. bears N 16°55' E a distance of 2250 ft. (e) The Supply Canal No. 2, which diverts from tributaries of Tenmile Creek at the following points: (i) On the west bank of Searle Creek at a point whence U.S.L.M. Kokomo bears S 45°58' E 3740 ft (located in the NW1/4 of the SE1/4 of Sec 13, T. 7 S., R. 79 W., 6th P.M.); and (ii) on the south bank of Kokomo Creek at a point whence U.S.L.M. Kokomo bears N 39°36' E 2635 ft (located in the SE1/4 of Sec 22, T. 7 S., R. 79 W., 6th P.M.). (f) The East Fork Pumping Plant, which diverts from the East Fork of the Eagle River at a point in the SE1/4 NE1/4 of Sec 32, T. 7 S., R. 79 W., 6th P.M. at a point whence the NE corner of said Sec 32 bears N 31°53' E a distance of 2414 ft. Exchange Supply. Pursuant to a Memorandum of Understanding dated effective as of 04/21/1998 and the Water Exchange Agreement dated 06/17/1998 500 af of water is available for West Slope use from facilities owned and operated by Aurora and Colorado Springs in exchange for up to 800 af of replacement water from the West Slope participants. The River District's 100 shares of Class B stock in the Eagle Park Reservoir Company entitle the River District to up to 100 af per year from the following structures: (1) Homestake Project. Homestake Reservoir was decreed by the Eagle County District Court in Civil Action No. 1193 for 83,338.98 af conditional, 43,504.7 af of which is now absolute. This reservoir is located on Homestake Creek with a dam being located whence the NW Corner of Sec 31, T. 7 S., R. 80 W., 6th P.M. bears N 58/30.6' E 24,659 ft from the E dam abutment and N 62/25.8' E 25,746 ft from the W dam abutment. The sources of supply of said Reservoir are the East Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. (2) Camp Hale Project. Water may be provided from water storage rights in Cases No. 88CW449 and 95CW272. Additional Information for Homestake Project. Detailed descriptions of the structures decreed by the Eagle County District Court in Civil Action No. 1193 for the Homestake Project are set forth in the Application. Wolford Mountain Reservoir. SW1/4NE1/4 of Sec 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05) occurs at a point which bears S 53°24'56" E a distance of 3,395.51 ft from the NW corner of said Sec 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S 75°28' 29" E. Source: Muddy Creek and its tributaries. Previous storage decrees: Case No. 87CW283: Decree Date: 11/20/1989. Court: District Court, Water Div. No. 5. Amount: 59,993 a.f. Approp date: 12/14/1987. Use: All beneficial uses. Case No. 95CW281: Decree date: 08/26/1997. Court: District Court, Water Div. No. 5. Amount: 6,000 af (enlargement). Approp date: 01/16/1995. Use: All beneficial uses. Case No. 98CW237: Decree date: 07/06/2000. Court: District Court, Water Div. No. 5. Amount: 30,000 a.f. (refill). Approp date: 11/17/1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Cases No. 87CW283, Water Division No. 5 (11/20/1989 Judgment and Decree), and Case No. 95CW281, Water Division No. 5 (08/26/1997 Judgment and Decree). 87CW283: The reservoir will be used to meet the water requirements of the inhabitants of the River District for all uses. 95CW281: All beneficial uses. Ruedi Reservoir. The River District holds Contracts No. 009D6C0111, 009D6C0118, 039F6C0011, and 078D6C0106 from the United States Bureau of Reclamation for 6,730 af of annual supply from Ruedi Reservoir. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. Location: Sec 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Sec 7, T. 8 S., R. 84 W. of the 6th P.M. bears N 82°10'W a distance of 1,285 ft. Source: Fryingpan River. Previous storage decrees: Civil Action No. 4613: Decree date: 06/20/1958. Court: Garfield County District Court. Amount: 140,697.3 af, reduced to 102,369 af pursuant to order of the District Court, Water Div. No. 5 in Case No. W-789-76. Approp date: 07/29/1957. Approp date: 07/29/1957. Use: domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. Case No. 81CW34: Decree date: 04/08/1985. Court: District Court, Water Div. No. 5. Amount: 101,280 af (refill). Approp date: 01/22/1981. Use: irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial and recreation. Statement of plan for augmentation: Applicant owns property (“Property”) at the confluence of the Eagle and Colorado Rivers, and intends to construct and operate a small commercial center and several residential units. Water for the development will be provided from either Dotsero Station Well No.1 or Dotsero Station Well No. 2 or some combination of these two wells. Total annual water demand associated with the development is estimated to be 9.1 af. Wastewater treatment will be provided by ISDS, resulting in consumptive use of 15%. The development will include a total of approximately one acre of irrigated area. The irrigation efficiency is estimated to be 80%. Dotsero Station Well No. 1 is located such that it will produce groundwater trib to the Eagle River; Dotsero Station Well No. 2 is located such that it will produce groundwater trib to the Colorado River. Out-of-priority depletions resulting from the operation of the Dotsero Station Well No. 1 will be replaced with water from one or more of the sources described above, depending upon the location of the senior calling right. When the senior calling right is located on the Eagle River below the Property (including senior instream flow rights of the Colorado Water Conservation Board), out-of-priority depletions will be replaced with water released into the Eagle River upstream of the Property pursuant to Applicant’s Eagle River water supply contract with the River District. When the senior calling right is located on the Colorado River below its confluence with the Eagle River, out-of-priority depletions will be replaced with water released from Green Mountain, Wolford Mountain and/or Ruedi Reservoirs, and will be exchanged to Dotsero Station Well No. 1. Out-of-priority depletions resulting from the operation of the


PAGE 15

Dotsero Station Well No. 2 will be replaced with water released from Green Mountain Reservoir pursuant to Contract No. 0-07-60-W0550 described above. Structure: Dotsero Station Exchange. Downstream Terminus: Confluence of Roaring Fork River and the Colorado River. Upstream terminus: Dotsero Station Well No. 1, as described above. Approp date: 11/01/2010. Max rate of exchange: 0.04 cfs, conditional, limited to 3.5 af annually. Remarks: This exchange will be operated in conjunction with the augmentation plan described above. Water released from Ruedi Reservoir will be exchanged from the confluence of the Roaring Fork and Colorado Rivers to Dotsero Station Well No.1. A shorter reach of this exchange will be used to exchange water released from Green Mountain and Wolford Mountain Reservoir from the confluence of the Colorado and Eagle Rivers to Dotsero Station Well No. 1. (14 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW307 EAGLE COUNTY, COLORADO RIVER. Application for Conditional Underground Water Right, Plan for Augmentation and Right of Exchange. Doog Properties SB, LLC, c/o Jefferson V. Houpt, Beattie, Chadwick & Houpt, 932 Cooper Avenue, Glenwood Springs, (970) 945-8659. Structure: State Bridge Well No. 1. Location: SE¼SE¼, Sec 23, T 2 S, R 83 W, 6th P.M. at a point 100 ft from S sec line and 4300 ft from W sec line. Source: groundwater trib to the Colorado River. Depth: 178 ft. Appropriation date: 12/31/1915. Amount: 0.033 c.f.s. Use: domestic, commercial, irrigation, fire protection, piscatorial and aesthetic. Max area irrigated: 1.0 acre within the SE¼SE¼ of Sec 23 and the NE¼NE¼ of Sec 26, T 2 S, R 83 W, 6th P.M, a/k/a 127 Trough Rd., Bond, Colorado. Applicant is the owner of land upon which the structure is located and upon which water will be used; the USA is the owner of land upon which a portion of the water will be used. Structure to be augmented: State Bridge Well No. 1. Water rights for augmentation: Water released from the Historic Users’ Pool of Green Mountain Reservoir pursuant to Senate Doc. 80 and the Operating Policy for Green Mountain Reservoir, and water released from Wolford Mountain and/or Ruedi Reservoirs pursuant to a water supply contract between Applicant and the Colorado River Water Conservation District for which application has been made. Green Mountain Reservoir: The water right decreed to Green Mountain Reservoir is described as follows: Decree entered 10/12/1955. Consolidated Case Nos. 2783, 5016, 5017, Federal Dist Court, Dist of Colorado. Place of storage: Sections 11 to 15 and 24, T 6 S, R 80 W, 6th P.M.; and Sections 17-21, 28, 29, 33 and 34, T 2 S, R 79 W, 6th P.M. Decreed amount: 154,645 af. Source: Blue River, trib to Colorado River. Wolford Mountain and Ruedi Reservoirs: Applicant has applied for a contract under which Applicant will be entitled to the release of 9.0 af of water annually stored under the following water rights: Wolford Mountain Reservoir: SW1/4NE1/4 of Sec 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05) occurs at a point which bears S 53°24'56" E a distance of 3,395.51 ft from the NW corner of said Sec 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S 75°28' 29" E. Source: Muddy Creek and its tributaries. Previous storage decrees: Case No. 87CW283: Decree Date: 11/20/1989. Court: District Court, Water Div. No. 5. Amount: 59,993 a.f. Approp date: 12/14/1987. Use: All beneficial uses. Case No. 95CW281: Decree date: 08/26/1997. Court: District Court, Water Div. No. 5. Amount: 6,000 af (enlargement). Approp date: 01/16/1995. Use: All beneficial uses. Case No. 98CW237: Decree date: 07/06/2000. Court: District Court, Water Div. No. 5. Amount: 30,000 a.f. (refill). Approp date: 11/17/1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Cases No. 87CW283, Water Division No. 5 (11/20/1989 Judgment and Decree), and Case No. 95CW281, Water Division No. 5 (08/26/1997 Judgment and Decree). 87CW283: The reservoir will be used to meet the water requirements of the inhabitants of the River District for all uses. 95CW281: All beneficial uses. Ruedi Reservoir. The River District holds Contracts No. 009D6C0111, 009D6C0118, 039F6C0011, and 078D6C0106 from the United States Bureau of Reclamation for 6,730 af of annual supply from Ruedi Reservoir. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. Location: Sec 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Sec 7, T. 8 S., R. 84 W. of the 6th P.M. bears N 82°10'W a distance of 1,285 ft. Source: Fryingpan River. Previous storage decrees: Civil Action No. 4613: Decree date: 06/20/1958. Court: Garfield County District Court. Amount: 140,697.3 af, reduced to 102,369 af pursuant to order of the District Court, Water Div. No. 5 in Case No. W-789-76. Approp date: 07/29/1957. Approp date: 07/29/1957. Use: domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. Case No. 81CW34: Decree date: 04/08/1985. Court: District Court, Water Div. No. 5. Amount: 101,280 af (refill). Approp date: 01/22/1981. Use: irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial and recreation. Statement of plan for augmentation: Applicant owns property located on the Colorado River at State Bridge in Eagle County, and leases property adjacent thereto from the United States BLM. These properties are referred to collectively as the “Property.” The Property has operated for decades as an overnight resort with several cabins. State Bridge Well No. 1 provided water for these uses. In 2007, a fire destroyed the lodge. Applicant intends to reconstruct and improve the Property to include an office/store,


PAGE 16

80 beds of lodging, a restaurant and bar, an outdoor venue amphitheater, one single-family home, one acre of irrigated landscaping, and a water feature. Water for the development will continue to be provided from State Bridge Well No.1. Total annual water demand associated with the development at full buildout is estimated to be approx 18.5 af. Wastewater treatment will be provided by ISDS. Total annual water consumption associated with the development at full buildout is estimated to be approx 9.3 af. Applicant’s estimated water demands and consumptive use amounts may change as the development plans are finalized. To the extent that water from State Bridge Well No. 1 was in use prior to 10/15/1977, Applicant is the beneficiary of releases from the Historic Users’ Pool of Green Mountain Reservoir pursuant to Senate Doc. 80 and the Operating Policy. Applicant requests that the Court quantify this amount. Out-of-priority depletions resulting from such uses will continue to be replaced by releases from Green Mountain Reservoir. To the extent that the operation of State Bridge Well No. 1 results in out-of-priority depletions to the Colorado River in excess of those replaced by releases from the HUP, such depletions will be replaced with water released into the Colorado River from Wolford Mountain Reservoir and/or Ruedi Reservoir. Water released from Ruedi Reservoir will be exchanged to State Bridge Well No. 1. State Bridge Exchange. Downstream terminus: confluence of Roaring Fork River and Colorado River. Upstream terminus: State Bridge Well No. 1. Appropriation date: 12/30/2010. Max rate of exchange: 0.033 cfs. Remarks: This exchange will be operated in conjunction with the augmentation plan described above. (10 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW308 GARFIELD COUNTY, SWEETWATER CREEK/COLORADO RIVER. Application for Changes of Water Rights, Water Storage Right, and Plan for Augmentation. SCC Partners Group, LLC, c/o Jefferson V. Houpt, Beattie, Chadwick & Houpt, 932 Cooper Avenue, Glenwood Springs, (970) 945-8659. Introduction: Applicant is an entity formed by MidCities 2 Ventures, LLC (“MidCities”), for the purpose of developing real property located adjacent to Sweetwater Lake in portions of Sec 5, 8, 9 & 16, T 3 S, R 87 W of the 6th P.M. in Garfield County. MidCities is the Manager and sole owner of the Applicant. Conditional water rights and a plan for augmentation for this development project were previously adjudicated in Case No. 04CW246, decreed on 03/14/2010. By this application, the Applicant is refining its water supply plan by relocating the points of diversion of Sweetwater Well Nos. 5 and 6 and Sweetwater Pump & Pipeline, adding an alternate point of diversion for the conditional water rights decreed to Sweetwater Pump & Pipeline and Sweetwater Wells Nos. 1-6, adding a new water storage facility known as Central Lake, and adding the evaporation from the surface of Central Lake to the augmentation plan approved in Case No. 04CW246. The only new depletions resulting from these refinements will be evaporative depletions from Central Lake, which are estimated to be 4.41 acre feet annually. These new depletions will be offset by a corresponding reduction of 2.7 acres in irrigated area, so that there will be no net increase in depletions from the project. All terms and conditions of the decree entered in Case No. 04CW246 will continue to apply. Structure: Sweetwater Well No. 6. Original decree entered 03/14/2010 in Case No. 04CW246. Location: SW¼SW¼, Sec 9, T 3 S, R 87 W, 6th P.M. at a point located 4,626 ft S of N sec line and 339 ft E of W sec line of Sec 9. Source: groundwater trib to Sweetwater Creek, trib to the Colorado River. Appropriation date: 12/21/2004. Amount: 2.5 cfs, conditional. Uses: domestic, commercial, municipal, irrigation, stockwatering and fire protection. Applicant proposes to change the point of diversion of this water right to: SE¼SW¼, Sec 9, T 3 S, R 87 W, 6th P.M. at a point located 1,010 ft N of S sec line and 2,236 ft E of W sec line of Sec 9. Structure: Sweetwater Well No. 5. Original decree: 04CW246. Location: NW¼SW¼, Sec 9, T 3 S, R 87 W, 6th P.M. at a point located 3,600 ft S of N sec line and 900 ft E of W sec line of Sec 9. Source: groundwater trib to Sweetwater Creek. Appropriation date: 12/21/2004. Amount: 2.5 cfs, conditional. Uses: domestic, commercial, municipal, irrigation, stockwatering and fire protection. Applicant proposes to change the location of this water right to: SE¼SW¼, Sec 9, T 3 S, R 87 W, 6th P.M. at a point located 3,450 ft S of N sec line and 1,270 ft E of W sec line of Sec 9. Structure: Sweetwater Pump & Pipeline. Original decree: 04CW246. Location: NW¼NE¼, Sec 16, T 3 S, R 87 W, 6th P.M. at a point 1750 ft W of E sec line and 240 ft S of N sec line. Source: Sweetwater Lake and Sweetwater Creek. Appropriation date: 12/21/2004. Amount: 5.0 cfs, conditional. Uses: irrigation, domestic, commercial, municipal, recreation, piscatorial, stockwatering, and fire protection. Applicant requests approval of a change in the decreed location of Sweetwater Pump & Pipeline to the point described in below. In addition, Applicant requests approval of an alternate point of diversion for this right at Sweetwater Lake Spring, described below. Whether diverted at its original point of diversion or at the proposed alternate point of diversion, out-of-priority depletions resulting from the exercise of this water rights will be augmented according to the plan for augmentation approved in 04CW246. Relocated point of diversion: SE¼SW¼ of Sec 9, T 3 S, R 87 W, 6th P.M. at a point 640 ft N of S sec line and 2,477 ft E of W sec line of Sec 9. Alternate point of diversion: Sweetwater Lake Spring. Original decree entered on 10/19/1962 in Case No. C.A. 1277, Eagle County District Court, and on 05/24/2009 in Case No. 06CW76, by the District Court in and for Water Division No. 5. Location: SW¼SW¼ Sec 9, T 3 S, R 87 W, 6th P.M. at a point 762 ft E of W sec line and 1,168 ft N of S sec line. Source: trib to Sweetwater Creek. Amount: 1.5 cfs, of which 0.5


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cfs is absolute, and 1.0 cfs remains conditional, with an appropriation date of 06/15/1956 for irrigation. Another 2.0 cfs, conditional, with an appropriation date of 09/11/1961 for domestic use. Structure: Sweetwater Wells Nos. 1 – 6. Original decree: 04CW246.

Location

Name

Section

1/4 1/4

FNL(a)Feet

FWL(b) Feet

Sweetwater Well No. 1 5 SE SE 5790 4200 Sweetwater Well No. 2 9 NW NW 530 450 Sweetwater Well No. 3 9 SE NW 1750 2400 Sweetwater Well No. 4 9 NE SW 2630 2050 Sweetwater Well No. 5 9 NW SW 3600 900 Sweetwater Well No. 6 9 SW SW 4626 339

Notes: (a) FNL denotes distance south of the north line of section. (b) FWL denotes distance east of the west line of section. (c) All well locations described above are located in T.3S, R.87W of the 6th P.M.

Source: groundwater trib to Sweetwater Creek. Appropriation date: 12/21/2004. Amount: 2.5 cfs, conditional, for each well, with a max combined rate of flow for all wells not to exceed 2.5 cfs. Uses: domestic, commercial, municipal, irrigation, stockwatering, and fire protection. Applicant requests approval of an alternate point of diversion for the water right decreed to Sweetwater Wells Nos. 1–6 at Sweetwater Lake Spring, described above. Whether diverted at its original points of diversion or at the proposed alternate point of diversion, out-of-priority depletions resulting from the exercise of this water right will be augmented according to the plan for augmentation approved in Case No. 04CW246. Structure: Central Lake. Located within the SW¼ of the SE¼ Sec 9, T 3 S, R 87 W, 6th P.M. at a point 912 ft N of S sec line and 1,994 ft W of E sec line of Sec 9. Name, sources, and capacities of structures to fill Central Lake:

STRUCTURE CAPACITY SOURCE Keep Ditch 25 cfs Turret Creek Sweetwater Pump & Pipeline 5.0 cfs Sweetwater Lake Sweetwater Lake Spring 5.0 cfs Sweetwater Creek Sweetwater Well Nos. 1-6 2.5 cfs Groundwater tributary to

Sweetwater Creek Sweetwater WWTP Reuse Discharge Line

0.67 cfs All of the above

Turret Creek and Sweetwater Lake are tributary to Sweetwater Creek, tributary to the Colorado River. Locations: Keep Ditch: The decreed location of the headgate and point of diversion of the Keep Ditch is located at a point on the E bank of Turret Creek whence the N quarter corner of Sec 5, T 3 S, R 87 W, 6th P. M. bears N 2°28’ E 466.8 ft. Sweetwater Pump & Pipeline: see above. Sweetwater Lake Spring: see above. Sweetwater Wells: see above. Sweetwater WWTP Reuse Discharge Line: Located in the SW ¼ of the SE ¼ of Sec 9, T 3 S, R 87 W, 6th P.M. at a point 860 ft N of S sec line and 1,910 ft W of E sec line of Sec 9. Appropriation date: 12/10/2010. Amount: 31.7 af, conditional, with right to fill and refill continuously when in priority or operating pursuant to an approved plan for augmentation. Rate of diversion: The max combined rate of diversion into Central Lake from any combination of the sources identified above will be 5.0 cfs. Uses: irrigation, recreation, fire protection, piscatorial and aesthetic purposes. Surface area: Approx 2.15 acres. Total capacity of pond: 31.7 af. The primary function of Central Lake will be to facilitate the delivery of water for irrigation of the golf course and other large areas within the Sweetwater Lake project. Although direct-flow water rights were adjudicated for irrigation purposes in Case No. 04CW246, it may be necessary to temporarily store that water for more than 48 hours, thereby necessitating a water storage right for that purpose. Central Lake will be filled with water diverted under this water storage right through the points of diversion previously decreed by this Court in Case No. 04CW246 and with effluent from the wastewater treatment plant. The areas to be irrigated from Central Lake are the same as those identified in Case No. 04CW246; there will be no enlargement of irrigated area and no increase in the quantity or change in the timing or location of project depletions due to irrigation. To the extent that this water storage right is used to irrigate the golf course and other areas within the project, it reduces the irrigation requirements of the water rights previously decreed for that purpose, so that the net consumptive use resulting from irrigation within the project will not be increased. Central Lake will be lined. Thus, the only additional consumptive use will result from evaporation. Out-of-priority evaporative loses from the Central Lake will be replaced by operation of the augmentation plan approved in 04CW246. The new evaporative depletions will be offset by a corresponding reduction in irrigated area so that there will be no net increase in depletions from the project. Structure to be augmented: Central Lake (described above). Water rights to be used for augmentation: (1) Water stored in Sweetwater Lake under the water storage right decreed to that structure in 04CW246; and (2) Water released from Wolford Mountain and/or Ruedi Reservoirs pursuant to Water Service Contract No. 05020 between Applicant and the Colorado River Water Conservation District (“River District”) in the amount of 74 af. Wolford Mountain Reservoir: The River District


PAGE 18

owns and operates Wolford Mountain Reservoir. Location: SW1/4NE1/4 of Sec 25, T 2 N, R 81 W, 6th P.M. The intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05) occurs at a point which bears S 53°24'56" E a distance of 3,395.51 ft from the NW corner of said Sec 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S 75°28' 29" E. Source: Muddy Creek and its tributaries. Previous storage decrees: Case No. 87CW283: Decree Date: 11/20/1989. Court: District Court, Water Div. No. 5. Amount: 59,993 a.f. Approp date: 12/14/1987. Use: All beneficial uses. Case No. 95CW281: Decree date: 08/26/1997. Court: District Court, Water Div. No. 5. Amount: 6,000 af (enlargement). Approp date: 01/16/1995. Use: All beneficial uses. Case No. 98CW237: Decree date: 07/06/2000. Court: District Court, Water Div. No. 5. Amount: 30,000 a.f. (refill). Approp date: 11/17/1998. Use: beneficial uses previously adjudicated in Case Nos. 87CW283 and 95CW281. 87CW283: The reservoir will be used to meet the water requirements of the inhabitants of the River District for all uses. 95CW281: All beneficial uses. Ruedi Reservoir. The River District is entitled to deliveries of water from Ruedi Reservoir pursuant to contract with the US Bureau of Reclamation. Location: Sec 7, 8, 9, 11 and 14 through 18, T 8 S, R 84 W, 6th P.M. in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Sec 7, T 8 S, R 84 W, 6th P.M. bears N 82°10' W a distance of 1,285 ft. Source: Fryingpan River. Previous storage decrees: Civil Action No. 4613: Decree date: 06/20/1958. Court: Garfield County District Court. Amount: 140,697.3 af, reduced to 102,369 af pursuant to order of the District Court, Water Div. No. 5 in Case No. W-789-76. Approp date: 07/29/1957. Use: domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. Case No. 81CW34: Decree date: 04/08/1985. Court: District Court, Water Div. No. 5. Amount: 101,280 af (refill). Approp date: 01/22/1981. Use: irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial and recreation. Description of plan for augmentation: By decree entered in Case No. 04CW246, this Court approved a plan for augmentation (the “Existing Plan”) under which a maximum of 200.97 af of annual out-of-priority depletions associated with the project may be replaced with water released from Sweetwater Lake and/or Wolford Mountain and Ruedi Reservoirs. Central Lake is a new water feature that was not included among the structures to be augmented under the Existing Plan. By this application, Applicant seeks approval to include Central Lake as a structure to be augmented under the Existing Plan. Central Lake will be a lined water storage structure that will be filled and refilled continuously with water diverted under the water storage right claimed above. Water delivered into Central Lake will be used in situ for recreational, fire protection and aesthetic purposes. Water will also be pumped from Central Lake for irrigation. The areas to be irrigated from Central Lake are the same as those identified in Case No. 04CW246; there will be no enlargement of irrigated area and no increase in the quantity or change in the timing or location of project depletions due to irrigation. To the extent that this water storage right is used to irrigate the golf course and other areas within the project, it reduces the irrigation requirements of the water rights previously decreed for that purpose, so that the net consumptive use resulting from irrigation within the project will not be increased. Thus, the only additional consumptive use resulting from the inclusion of Central Lake within the Existing Plan will be evaporation from its surface. Total annual evaporation from Central Lake is estimated to be 4.41 af, distributed monthly. Out-of-priority evaporative losses from Central Lake will be replaced by the release of water from Sweetwater Lake, Wolford Mountain and/or Ruedi Reservoirs in accordance with the augmentation plan approved in Case No. 04CW246. All terms and conditions of the Existing Plan will continue to apply. To ensure that there will be no net increase in project depletions from the addition of Central Lake, the total number of acres to be irrigated under the Existing Plan will be reduced by 2.7 acres (from 75 acres to 72.3 acres), representing a reduction in annual depletions of 4.41 af. (14 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 22. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW309 GRAND COUNTY. ST. LOUIS CREEK, TRIBUTARY TO FRASER RIVER, TRIBUTARY TO COLORADO RIVER. Byers Creek Properties LLC, and C. Clark Lipscomb & Meredith C. Lipscomb. c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Laura C. Makar, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. First Claim: Surface Water Right. Name of Structure: Gaskill Ditch, Byers Peak Enlargement. Legal description of location of point of diversion: This application requests three alternate points of diversion for the claimed water right. The first point of diversion is at the Gaskill Ditch. The decreed point of diversion of the Gaskill Ditch is on the East bank of St. Louis Creek at a point whence the Southwest Corner of Section 25, Township 1 South, Range 76 West of the 6th P.M.; bears South 27° 19’ 30” West 3,896.2 feet. Alternate Description: Preferred Legal Description (PLSS): In the SE ¼, NW ¼ of Section 25, Township 1 South, Range 76 West of the 6th P.M, 1,825 feet from the North section line and 1,686 feet from the West section line, in Grand County. A map of the Gaskill Ditch, Byers Peak Enlargement is attached as Figure 1 on file with the court. Alternate Point of Diversion No. 1 – Beaver Dam Ditch. Legal description of location of point of diversion: The decreed point of diversion of the Beaver Dam Ditch is near the East bank of St. Louis Creek, from which stream said ditch derives and diverts its water at a point about 30 rods South and about 12 to 14 rods East of the NW


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corner of the NW quarter of the NE quarter of Section 25, Township 1 South, Range 76 West. Alternate Description: Preferred Legal Description (PLSS): In the NE ¼, NW ¼ of Section 25, Township 1 South, Range 76 West of the 6th P.M, 1065 feet from the North section line and 2134 feet from the West section line, in Grand County. A map of the location of the Alternate Point of Diversion No. 1 - Beaver Dam Ditch point of diversion is attached as Figure 1 on file with the court. Alternate Point of Diversion No. 2 – Clark’s Ditch No. 1. Legal description of location of point of diversion: The point of diversion of the Clark’s Ditch No.1 is in the NW¼, SW¼ of Section 19, Township 1 South, Range 75 West of the 6th P.M, 2,430 feet from the South section line and 220 feet from the West section line, in Grand County. A map of the Clark’s Ditch No. 1 is attached as Figure 1 on file with the court. Source: St. Louis Creek, a tributary of the Fraser River and the Colorado River. Date of appropriation: June 14, 2007. How appropriation was initiated: Diversion of water through Gaskill Ditch headgate for irrigation of 235 acres of irrigation on Applicant’s property. Intent to appropriate water rights. Date water applied to beneficial use: June 14, 2007. Amount claimed: 3.5 cfs, absolute and 2.5 cfs, conditional for a total of 6.0 cfs cumulative from any of the three points of diversion. Basis of absolute claim is from the maximum daily diversion record from Water Year 2007 through 2009. Water diversions from the Gaskill Ditch averaged 5.0 cfs in June 2008, of which approximately 3.5 cfs was beneficially used to irrigate Applicants’ lands during the 2007-2009 period. A daily maximum rate of 5.0 cfs was diverted at the Gaskill Ditch headgate during the 2008 and 2009 summers. Use: Irrigation, snowmaking, to fill and refill the Byers Ranch Properties Pond System (described in Second Claim below) in priority for claimed uses, and to fill and refill the Ike’s Pond No. 1 (described in Third Claim below) in priority for claimed uses. Number of acres historically irrigated: Approximately 235 acres is under irrigation on the land owned by Byers Peak Properties, LLC and Lipscombs. Total number of acres proposed to be irrigated: Approximately 229.2 acres on Byers Peak Properties, LLC land; 31.2 acres on Lipscomb land; for a total of 260.4 acres. The legal description of the land irrigated: Lands generally located in Grand County in the S ½ of the Section 19 and the NW ¼ of the NE ¼ of Section 30, Township 1 South, Range 75 West of the 6th P.M. Maps of the Gaskill Ditch, Byers Peak Enlargement irrigation are attached as Figures 2 and 3 on file with the court. The name and address of the owner of the land upon which any new diversion structure or storage structure, or modification to any existing or diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: (From Grand County Assessor and GIS databases) Gaskill Ditch, Byers Peak Enlargement: Daniel D. and Anne O. Berkeley; 5046 W. Hinsdale Circle, Littleton, CO 80128 (Grand County Parcel No. 158925200014). Alternate Point of Diversion No. 1 – Beaver Dam Ditch: Byers Peak Ranch LTD Partnership; 1148 Drift Drive, Westport, MA 02790 (Grand County Parcel No. 158925100181). Alternate Point of Diversion No. 2 – Clark’s Ditch No. 1: C. Clark & Meredith C. Lipscomb; P.O. Box 597, Winter Park, CO 80482 (Grand County Parcel No. 158719300009). Remarks: Applicants will divert Gaskill Ditch, Byers Peak Enlargement from either the Gaskill Ditch or through either alternate point of diversion at the Beaver Dam Ditch and/or Clark’s Ditch No. 1. While cumulative diversions in the Gaskill Ditch, Byers Peak Properties Enlargement shall be for 6.0 cfs (3.5 cfs absolute, and 2.5 cfs conditional), any combination of the diversion may be taken through more than one of the alternate points. Second Claim: Storage Water Right. Name of reservoir: Byers Ranch Properties Pond System. Legal description of location of pond system: One or more ponds located in Grand County, the lower terminus of the pond system is in the SE ¼ of the SE ¼, Section 19, Township 1 South, Range 75 West of the 6th P.M., at a distance of 603 feet from the South section line and 898 feet from the East section line, and the upper terminus of the pond system is in the NW ¼ of the SW ¼, Section 19, Township 1 South, Range 75 West of the 6th P.M., at a distance of 1,790 feet from the South section line and 1,069 feet from the West section line. A map of the Byers Ranch Properties Pond System is attached as Figure 2 on file with the court. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: The Byers Ranch Properties Pond System will fill from the Gaskill Ditch, Byers Peak Enlargement (described in First Claim above). The combined capacity of the Gaskill Ditch and alternate points of diversion will be in excess of 6.0 cfs. Source: Gaskill Ditch, Byers Peak Enlargement, diverting from St. Louis Creek, a tributary of the Fraser River and the Colorado River. Date of Appropriation: February 28, 2007. How appropriation was initiated: By development of Grand Park Coordination Map by Gage Davis and Associates for Cornerstone Holdings, LLC. Map included Byers Peak Ranch area and a conceptual layout for several ponds within the legal description described above. Date water applied to beneficial use: N/A. Amount claimed: 232.0 acre-feet, conditional, cumulative for entire Byers Ranch Properties Pond System. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 6.0 cfs, conditional. Use: Snowmaking, augmentation for future development of Byers Peak Ranch, irrigation, piscatorial, recreation, aesthetic and fire protection. Number of acres historically irrigated: 235.0. Total number of acres proposed to be irrigated: Approximately 229.2 acres on Byers Peak Properties, LLC land; 31.2 acres on Lipscomb land; for a total of 260.4 acres. The legal description of the land irrigated: Lands generally located in Grand County in the S ½ of the Section 19 and the NW ¼ of the NE ¼ of Section 30, Township 1 South, Range 75 West of the 6th P.M. A map of the Byers Peak Properties Pond System irrigation is attached as Figure 2 on file with the court. Surface area of high water line: 25.50 acres for all ponds in the Byers Ranch Properties Pond System. Maximum height of dams in feet: 10.0. Maximum Length of dams in feet: 3,300. Total capacity of reservoir in acre feet: Total active capacity: 232.0 acre-feet. Total dead storage: 0 acre-feet. All stored water can be released from gravity and/or pump and pipeline system. Applicant Byers Peak Properties, LLC owns the land under this claim upon which any new diversion or storage structure, or modification to any existing or diversion or storage structure is or will be constructed or upon which water is or will be or stored, including any modification to the existing storage pool. Dams and land within high water line are located on Applicant Byers Peak Properties, LLC’s property. Third Claim: Storage Water Right. Name of reservoir: Ike’s Pond No. 1. Legal description of location of pond: Centerline of the dam located in Grand County, in the NW ¼ of the SW ¼, Section 19 Township 1 South, Range 75


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West of the 6th P.M., at a distance of 2,429 feet from the South section line and 784 feet from the West section line. A map of the Ike’s Pond No. 1 is attached as Figure 1. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Ike’s Pond No. 1 will fill from the Gaskill Ditch, Byers Peak Enlargement (described in First Claim above). The combined capacity of the Gaskill Ditch and alternate points of diversion will be in excess of 6.0 cfs. Source: Gaskill Ditch, Byers Peak Enlargement, diverting from St. Louis Creek, a tributary of the Fraser River and the Colorado River. Date of Appropriation: December 30, 2010. How appropriation was initiated: By field inspection, field location, development of plans for pond construction and formulation of intent to apply water to beneficial use, and posting in the field. Date water applied to beneficial use: N/A. Amount claimed: 26.0 acre-feet, conditional. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 6.0 cfs, conditional. Use: Irrigation, piscatorial, recreation, augmentation, aesthetic and fire protection. Number of acres historically irrigated: Approximately 5.8 acres. Total number of acres proposed to be irrigated: 31.2. The legal description of the land irrigated: Lands located in Grand County in the NW ¼ of the SW ¼, Section 19, Township 1 South, Range 75 West of the 6th P.M. A map of the approximate area where Ike’s Pond No. 1 will provide irrigation is attached as Figure 3. Surface area of high water line: 3.0 acres. Maximum height of dam in feet: 10.0. Length of dam in feet: 1,100. Total capacity of reservoir in acre feet: 26.0 acre-feet. Active capacity: 26.0 acre-feet. Dead Storage: 0 acre-feet. All stored water can be released by gravity and/or pump and pipeline system. Applicants Lipscombs own the land upon which any new diversion or storage structure, or modification to any existing or diversion or storage structure is or will be constructed or upon which water is or will be or stored, including any modification to the existing storage pool. Dams and land within high water line are located on Applicants Lipscombs’ property. (11 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 23. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 09CW174 GARFIELD COUNTY. UNNAMED TRIBUTARY TO GARFIELD CREEK, TRIBUTARY TO COLORADO RIVER. Robert and Velma Ragle, 3200 County Road 312, New Castle, CO 81647 (970) 984-3409. Direct all pleadings to: Gregory J. Hall, Esq., The Hall Law Firm, LLC, P.O. Box 3402, Glenwood Springs, CO 81602 (970) 945-4550. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structures: Ragle Reservoir No. 1, Ragle Reservoir No. 2, Ragle Reservoir No. 3. Date of original decree: April 29, 1982, Case No. 81CW333, District Court, Water Division 5. Subsequent diligence decrees: Case Nos. 86CW74, July 23, 1986; 90CW66, August 1, 1990; 96CW86, July 30, 1996; 02CW205, September 26, 2003. Legal Description: Ragle Reservoir No. 1 is located in Garfield County in the NW ¼ of the SE ¼ of Section 22, Township 6 South, Range 91 West of the 6th P.M. at a point 1,550 feet west of the east line and 2,000 feet north of the south line. Ragle Reservoir No. 2 is located in Garfield County in the NW ¼ of the SE ¼ of Section 22, Township 6 South, Range 91 West of the 6th P.M. at a point 1,500 feet west of the east line and 2,250 feet north of the south line. Ragle Reservoir No. 3 is located in Garfield County in the NW ¼ of the SE ¼ of Section 22, Township 6 South, Range 91 West of the 6th P.M. at a point 1,500 feet west of the east line and 2,400 feet north of the south line. Date of appropriation: December 31, 1961. Amount: 3.0 acre-feet, conditional, for each of the Ragle Reservoir No. 1, Ragle Reservoir No. 2 and Ragle Reservoir No. 3. Uses: fish culture, irrigation, livestock water, piscatorial and domestic purposes. Outline of efforts toward diligent appropriation: During the diligence period, the Applicants engaged an excavating company to modify the existing Ragle Reservoir No. 1 to comply with the requirements for a non-jurisdictional water impoundment structure. Applicants lowered the height of Ragle Reservoir No. 1 and replaced and re-aligned the outlet pipe. In addition, the Applicants engaged an excavating company to construct Ragle Reservoir No. 2 and Ragle Reservoir No. 3. Applicants completed the construction of Ragle Reservoir No. 2 and have partially completed the construction of Ragle Reservoir No. 3. The total expenditures for the reservoir construction and modification work is approximately $1,500. Applicants own the land upon which the structures are located. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 24. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW111 GARFIELD COUNTY; Second Amended Application for Finding of Reasonable Diligence and to Make Absolute. Name, address, and telephone number of Applicants: Lori Kirkpatrick and Randy Kirkpatrick 1232 South Cedar Springs Ranch Road,


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Rifle, CO 81650; Please direct all correspondence to: Thomas W. Stuver, Stuver & LeMoine, P.C. 120 West Third Street, Rifle, Colorado, Phone (970) 625-1887. Name of structure: Cedar Spring and Ditch Number 3, Original decree: Date entered: November 9, 2004, Case No.: 00CW289, District Court, Water Division No. 5, Decreed point of diversion: NE 1/4 NE 1/4 of Sec 14, T 7 S, R 93 W of the 6th P.M., at a point whence the Northeast corner of said Sec 14 bears North 56°00’20” East 2381 feet, also described as being 1349 feet south of the north section line and 1949 feet west of the east section line of said section 14. The actual point of diversion lies within the SW1/4NE1/4 of said Section 14, 1360 feet from the north section line and 1960 feet from the east section line. Source: Dry Creek, tributary to the Colorado River. Amounts and uses: 0.53 c.f.s., absolute for irrigation of approximately thirty-six acres and 1.59 c.f.s. conditional, for irrigation of approximately 49 acres located in the NW ¼ NE ¼ of Section 14, Township 7 South, Range 93 West of the 6th P.M. and in the W 1/2 SE 1/4 of Section 11, Township 7 South, Range 93 West of the 6th PM.. Map is included as Exhibit A to the Application. Owner of land upon which point of diversion it located: James Rose, PO Box 432, Rifle, CO 81650. The Application contains a detailed outline of what has been done toward completions of these appropriations and application of water to beneficial use as conditionally decreed since the decree was entered in Case No. 00CW289. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 25. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW152 AMENDED APPLICATION FOR SURFACE WATER RIGHT, GARFIELD COUNTY, COLORADO. The purpose of this Amended Application is to correct a typographical error in the legal description of the location of the structure from Range 95 West to Range 94 West and to clarify that the structure will be used for stockwatering purposes. All other aspects of the original Application remain unchanged. Names, addresses and telephone numbers of Applicants: John and Alice Kuersten, 5446 CR 309, Parachute, CO 81635. Please direct all pleadings to: Mary Elizabeth Geiger, Esq., SHERRY A. CALOIA, LLC, 1204 Grand Ave, Glenwood Springs, CO 81601, (970) 945-6067. Name of structure: Kuersten Overflow Pipeline. Location: the point of diversion is located in the SW ¼ SW ¼ of Sec 31, T 6 S, R 94 W of the 6th P.M., at a point 672 feet from the West Section line and 997 feet from the South Section line of Sec 31 as shown on Exhibit A attached hereto. Source: spring tributary to Cache Creek, tributary to Colorado River. Appropriation date: May 2010, by development of plans to capture overflow water from the Canary Bird Ditch and planned installation of pipe to do so as a secondary irrigation supply for lands owned by Applicant. Amount: 30 g.p.m., cond. Use: irrigation and stockwater. Legal description of land to be irrigated: Up to 10 acres on Applicants’ lands located in the NE1/4 SE1/4 of Section 36, Township 6 South, Range 95 West of the 6th P.M. Name and Address of owners of land upon which point of diversion is located: John Farris, 6208 CR 309, Parachute, CO 81635 (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 26. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW170 MESA COUNTY, HOSSLE CREEK, TRIBUTARY TO COTTONWOOD CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO COLORADO RIVER. Wesley O. Bucher, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. FIRST AMENDMENT TO APPLICATION. Paragraph 3.b. of the diligence application is amended as follows: 1st Enlargement Bucher Reservoir: dam is in the SE1/4 SE1/4, Sec. 19, T. 10 S., R. 95 W., 6th P.M., 200 feet n. of the s. line and 400 feet w. of the e. line. Bucher Reservoir No. 5: dam is in the SE1/4 SE1/4, Sec. 19, T. 10 S., R. 95 W., 6th P.M., 700 feet n. of the s. line and 450 feet w. of the e. line. Except as amended herein, the Application filed on June 30, 2010 remains unchanged. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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,


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CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 27. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW175 GARFIELD AND MESA COUNTIES – COLORADO RIVER OR ITS TRIBUTARIES. FIRST AMENDED APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING EXCHANGES, AND FOR SURFACE WATER RIGHTS, 1. Name, address, telephone number of Applicant: Encana Oil & Gas (USA) Inc. (“Encana”), c/o Christopher Durrant, 370 17th Street, Suite 1700, Denver, Colorado 80202, (303) 623-2300. Direct pleadings to: Richard J. Mehren, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, Colorado 80306-1440. PLAN FOR AUGMENTATION 2. Names of structures to be augmented: Grand Junction – Colorado River Pipeline Colorado River Intake (“Grand Junction Pipeline”), Pumping Pipeline of Union Oil Company of California (“Pumping Pipeline”), Last Chance Ditch Alternate Point of Diversion, Rulison Alternate Point of Diversion, Parachute Alternate Point of Diversion, Unabridge Alternate Point of Diversion, Debeque Alternate Point of Diversion, Encana Water Horse Point of Diversion, North Parachute Ranch Truck Pullout Point of Diversion, North Parachute Ranch Meadows Ditch Point of Diversion, and North Parachute Ranch West Fork Creek Point of Diversion (collectively the “Encana Structures”). Attached hereto as Exhibits A through G are maps that depict the locations of the Encana Structures to be augmented by this plan. 3. Description of structures to be augmented: Each of the Encana Structures described in Paragraphs 3.A through K, below. A. Grand Junction Pipeline: i. Decree entered: July 21, 1959, Civil Action No. 8303, Mesa County District Court. ii. Decreed point of diversion: The Grand Junction Pipeline water right was originally decreed at a point whence the SE corner of Section 2, Township 11 South, Range 98 West of the 6th P.M. bears South 56° 15' West 7,051.80 feet in Mesa County, Colorado. The decree entered in Case No. W-2915, District Court, Water Division No. 5, changed the subject water right to the headgate of the J.T. Pearce and W.A. Skelton Ditch at a point whence the North Quarter Corner of Section 21, Township 6 South, Range 93 West of the 6th P.M. bears South 79° 05' East 4,071.9 feet in Garfield County, Colorado. The water rights decreed to the J.T. Pearce and W.A. Skelton Ditch were decreed in Civil Action No. 4954, Garfield County District Court. The decree entered May 5, 1983 in Case No. 81CW360, District Court, Water Division No. 5, approved an alternate point of diversion for the subject 5.0 cfs water right at the decreed point of diversion for the existing Colorado River Intake Facility for the Pumping Pipeline of Union Oil Company of California, located at a point whence the section corner common to Sections 6 and 7, Township 7 South, Range 95 West of the 6th P.M., and Sections 1 and 12, Township 7 South, Range 96 West of the 6th P.M. bears South 89° 05' West 3,364.65 feet in Garfield County, Colorado. iii. Source: Colorado River. iv. Appropriation date: February 17, 1947. v. Amount: 5.0 cfs, conditional. vi. Use: A decree entered May 5, 1983 in Case No. 81CW360, District Court, Water Division No. 5, changed the use of this conditional water right to domestic, municipal, industrial, and related uses, including storage. The pending application in Case No. 05CW52, District Court, Water Division No. 5 requests the Court to confirm that the use of the Grand Junction Pipeline water right includes use of the water for fully-consumptive industrial purposes in connection with oil and gas drilling and production. B. Pumping Pipeline: i. Decree entered: September 5, 1952, Civil Action No. 4004, Garfield County District Court. ii. Decreed point of diversion: The originally decreed point of diversion of the Pumping Pipeline is at a point on the westerly or northwesterly bank of the Colorado River whence the section corner common to Sections 6 and 7, Township 7 South, Range 95 West, of the 6th P.M. and Sections 1 and 12, Township 7 South, Range 96 West, of the 6th P.M. bears South 89° 05' West 3,364.65 feet in Garfield County, Colorado. iii. Source: Colorado River. iv. Appropriation date: February 14, 1949. v. Amount: The total amount of the Pumping Pipeline water right owned by Encana is 108.5 cfs, consisting of 9.93 cfs absolute and 98.57 cfs conditional. vi. Use: Industrial, retorting, mining, refining, power, domestic and all other purposes used in connection with the production of shale oil and its products, including storage and irrigation for reclamation of retorted shale and other irrigation reasonably required for oil shale products. The pending application in Case No. 05CW52, District Court, Water Division No. 5 requests the Court to confirm that the use of the Pumping Pipeline water right includes use of the water for fully-consumptive industrial purposes in connection with oil and gas drilling and production. C. Last Chance Ditch Alternate Point of Diversion: i. The headgate of the Last Chance Ditch is located on the South bank of the old channel of the Colorado River in the NE¼ SE¼, Section 10, Township 6 South, Range 92 West of the 6th P.M., 890 feet from the East section line and 1,600 feet from the South section line of said Section 10. ii. Amount: 10.0 cfs. iii. Source: Colorado River. iv. Pending decree: The Last Chance Ditch Alternate Point of Diversion is proposed to be added as one of five alternate points of diversion for up to a combined diversion rate of 7.0 cfs for the Grand Junction Pipeline and the Pumping Pipeline water rights described above by the decree pending in Case No. 05CW52, District Court, Water Division No. 5. The Last Chance Ditch was decreed in Civil Action No. 89, Garfield County District Court. D. Rulison Alternate Point of Diversion: i. Located on the North bank of the Colorado River in the NE¼ SE¼, Section 25, Township 6 South, Range 95 West of the 6th P.M., 620 feet from the East section line and 2,135 feet from the South section line of said Section 25. ii. Amount: 2.0 cfs. iii. Source: Colorado River. iv. Pending decree: The Rulison Alternate Point of Diversion is proposed to be added as one of five alternate points of diversion for up to a combined diversion rate of 7.0 cfs for the Grand Junction Pipeline and the Pumping Pipeline water rights described above by the decree pending in Case No. 05CW52, District Court, Water Division No. 5. E. Parachute Alternate Point of Diversion: i. Located on the North bank of the Colorado River in the SW¼ SE¼, Section 6, Township 7 South, Range 95 West of the 6th P.M., 1,500 feet from the East section line and 652 feet from


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the South section line of said Section 6. ii. Amount: 2.0 cfs. iii. Source: Colorado River. iv. Pending decree: The Parachute Alternate Point of Diversion is proposed to be added as one of five alternate points of diversion for up to a combined diversion rate of 7.0 cfs for the Grand Junction Pipeline and the Pumping Pipeline water rights described above by the decree pending in Case No. 05CW52, District Court, Water Division No. 5. F. Unabridge Alternate Point of Diversion: i. Located on the North bank of the Colorado River in the SW¼ NW¼, Section 34, Township 7 South, Range 96 West of the 6th P.M., 758 feet from the West section line and 2,725 feet from the North section line of said Section 34. ii. Amount: 10.0 cfs. iii. Source: Colorado River. iv. Pending decree: The Unabridge Alternate Point of Diversion is proposed to be added as one of five alternate points of diversion for up to a combined diversion rate of 7.0 cfs for the Grand Junction Pipeline and the Pumping Pipeline water rights described above by the decree pending in Case No. 05CW52, District Court, Water Division No. 5. G. Debeque Alternate Point of Diversion: i. Located on the South bank of the Colorado River in the SW¼ NE¼, Section 27, Township 8 South, Range 97 West of the 6th P.M., 2,554 feet from the East section line and 2,688 feet from the South section line of said Section 27. ii. Amount: 2.0 cfs. iii. Source: Colorado River. iv. Pending decree: The Debeque Alternate Point of Diversion is proposed to be added as one of five alternate points of diversion for up to a combined diversion rate of 7.0 cfs for the Grand Junction Pipeline and the Pumping Pipeline water rights described above by the decree pending in Case No. 05CW52, District Court, Water Division No. 5. H. Encana Water Horse Point of Diversion: i. Point of Diversion: Located on the East Fork Parachute Creek in the SW¼ SW¼, Section 30, Township 5 South, Range 95 West of the 6th P.M., 597 feet from the West section line and 96 feet from the South section line of said Section 30. ii. Source: East Fork Parachute Creek, tributary to Parachute Creek, tributary to the Colorado River. iii. Amount: 3.0 cfs, cumulative with the North Parachute Ranch Truck Pullout Point of Diversion, the North Parachute Ranch Meadows Ditch Point of Diversion, and the North Parachute Ranch West Fork Creek Point of Diversion. iv. Use: Fully-consumptive industrial purposes in connection with oil and gas drilling and production. v. Place of use: Garfield, Mesa, and Rio Blanco Counties. vi. Pending decree: The Encana Water Horse Point of Diversion is a new water right claimed in this application as further described at Paragraph 6, below. I. North Parachute Ranch Truck Pullout Point of Diversion: i. Point of Diversion: Located on the West Fork Parachute Creek in the SE¼ SE¼, Section 25, Township 5 South, Range 96 West of the 6th P.M., 732 feet from the East section line and 635 feet from the South section line of said Section 25. ii. Source: Middle Fork Parachute Creek, tributary to Parachute Creek, tributary to the Colorado River. iii. Amount: 3 cfs, cumulative, with the Encana Water Horse Point of Diversion, the North Parachute Ranch Meadows Ditch Point of Diversion, and the North Parachute Ranch West Fork Creek Point of Diversion. iv. Use: Fully-consumptive industrial purposes in connection with oil and gas drilling and production. v. Place of use: Garfield, Mesa, and Rio Blanco Counties. vi. Pending decree: The North Parachute Ranch Pullout Point of Diversion is a new water right claimed in this application as further described at Paragraph 7, below. J. North Parachute Ranch Meadows Ditch Point of Diversion: i. Point of Diversion: Located on the Middle Fork Parachute Creek in the NE¼ SE¼, Section 25, Township 5 South, Range 96 West of the 6th P.M., 978 feet from the East section line and 1,841 feet from the South section line of said Section 25. ii. Source: Middle Fork Parachute Creek, tributary to Parachute Creek, tributary to the Colorado River. iii. Amount: 3 cfs, cumulative, with the Encana Water Horse Point of Diversion, the North Parachute Ranch Truck Pullout Point of Diversion, and the North Parachute Ranch West Fork Creek Point of Diversion. iv. Use: Fully-consumptive industrial purposes in connection with oil and gas drilling and production. v. Place of use: Garfield, Mesa, and Rio Blanco Counties. vi. Pending decree: The North Parachute Ranch Meadows Point of Diversion is a is a new water right claimed in this application as further described at Paragraph 8, below. K. North Parachute Ranch West Fork Creek Point of Diversion: i. Point of Diversion: Located on the Middle Fork Parachute Creek in the NW¼ NE¼, Section 8, Township 5 South, Range 96 West of the 6th P.M., 1,753 feet from the East section line and 1,204 feet from the North section line of said Section 8. ii. Source: West Fork Parachute Creek, tributary to Parachute Creek, tributary to the Colorado River. iii. Amount: 3 cfs, cumulative, with the Encana Water Horse Point of Diversion, the North Parachute Ranch Truck Pullout Point of Diversion, and the North Parachute Ranch Meadows Ditch Point of Diversion. iv. Use: Fully-consumptive industrial purposes in connection with oil and gas drilling and production. v. Place of use: Garfield, Mesa, and Rio Blanco Counties. vi. Pending decree: The North Parachute Ranch West Fork Creek Point of Diversion is a new water right claimed in this application as further described in Paragraph 9, below. 4. Water Rights to be Used for Augmentation, Substitution, and Exchange: Water available in Wolford Mountain Reservoir, Ruedi Reservoir, and Green Mountain Reservoir and available to Encana pursuant to valid water allotment contracts between Encana and the West Divide Water Conservancy District (“West Divide”). Encana is currently entitled to releases from these sources pursuant to contracts #010628BP(b) and #060720EC(a). The sources of augmentation water that may be used by Encana pursuant to its West Divide water allotment contracts are described in Paragraphs 4.A – C, below. Encana may also utilize water available in Wolford Mountain Reservoir, Ruedi Reservoir, and water available to the Colorado River Water Conservation District (“River District”) as a shareholder in the Eagle Park Reservoir Company that may be made available to Encana pursuant to valid water allotment contracts between Encana and the River District. At the time of filing this application, Encana has not entered into a water allotment contract with the River District. Encana intends to obtain a water allotment contract with the River District and Encana will not use any sources of augmentation water owned or controlled by the River District except pursuant to a valid contract to use such water. The sources of augmentation water that may be used by Encana pursuant to a valid water allotment contract with the River District are described in Paragraphs 4.A, B, and D, below. The operation of the augmentation plan claimed herein shall be conditioned upon Encana having a valid West Divide and/or River District water allotment contract in place and in effect, unless Encana obtains augmentation water from another source as described in Paragraph 4.E, below. A. Wolford Mountain Reservoir: The River District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir). i. Legal description of


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place of storage: The dam is located in the SW¼ of the NE¼ of Section 25, Township 2 North, Range 81 West, 6th P.M. The intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05) occurs at a point which bears South 53º24'56" East a distance of 3,395.51 feet from the NW corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being South 75º28' 29" East. ii. Source: Muddy Creek and its tributaries. iii. Previous storage decrees: (1) Case No. 87CW283: Decree Date: November 20, 1989. Court: District Court, Water Division No. 5. Amount: 59,993 a.f. Appropriation Date: December 14, 1987. Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. (2) Case No. 95CW281: Decree Date: August 26, 1997. Court: District Court, Water Division No. 5. Amount: 6,000 a.f. (enlargement). Appropriation Date: January 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial, recreational and environmental mitigation. (3) Case No. 98CW237: Decree Date: July 6, 2000. Court: District Court, Water Division No. 5. Amount: 30,000 a.f. (refill). Appropriation Date: November 17, 1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Cases No. 87CW283 and 95CW281. B. Ruedi Reservoir: The River District is entitled to deliveries of water from Ruedi Reservoir pursuant to contract with the U.S. Bureau of Reclamation. i. Legal description of place of storage: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, Township 8 South, Range 84 West, 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Section 7, Township 8 South, Range 84 West of the 6th P.M. bears North 82º 10’ West a distance of 1,285 feet. ii. Source: Fryingpan River. iii. Previous storage decrees: (1) Civil Action No. 4613: Decree Date: June 20, 1958. Court: Garfield County District Court. Amount: 140,697.3 a.f., reduced to 102,369 a.f. pursuant to order of the District Court, Water Division No. 5 in Case No. W-789-76. Appropriation Date: July 29, 1957. Use: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. (2) Case No. 81CW34: Decree Date: April 8, 1985. Court: District Court, Water Division No. 5. Amount: 101,280 a.f. (refill). Appropriation Date: Jan. 22, 1981. Use: Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. C. Green Mountain Reservoir: West Divide has an interest in 200 acre-feet of water from Green Mountain Reservoir pursuant to Contract No. 8-07-60-W0726, dated October 21, 1998, between West Divide and Bureau of Reclamation. i. Legal Description of place of storage: Located approximately 16 miles Southeast of the Town of Kremmling, Colorado in all or parts of Sections 11 through 15 and 24 of Township 2 South, Range 80 West, and in Sections 17 through 21, 28, 29 and 34, Township 2 South, Range 79 West, 6th P.M. ii. Source: Blue River, tributary to Colorado River. iii. Previous storage decrees: (1) Case Nos. 2782, 5016 and 5017: Decree Date: Court: U.S. District Court, District of Colorado. Amount: 154,645 acre-feet. Use: In accordance with Paragraphs 5(a), (b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. D. Eagle River Supply Sources: Eagle Park Reservoir Company owns and operates the Eagle Park Reservoir Project located in the headwaters of the Eagle River. The River District is a shareholder in Eagle Park Reservoir Company and is entitled to yield from the Eagle Park Reservoir Project and exchange supplies provided by Aurora and Colorado Springs pursuant to contract. i. Eagle Park Reservoir Project: Eagle Park Reservoir was decreed by the District Court, Water Division No. 5, in Case Nos. 92CW340 and 93CW301, for a total capacity of 27,600 a.f., with an appropriation date of March 16, 1991, for 5,300 a.f., and May 18, 1993, for 22,300 a.f., together with the right to divert at the rate of 80 cfs under the August 10, 1956 appropriation date of the Pando Feeder Canal pursuant to the decree of the District Court, Water Division No. 5, entered on August 19, 1999 in Case No. 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. Eagle Park Reservoir is augmented by exchange by decree of the District Court, Water Division No. 5, entered in Case No. 95CW348. The north abutment of the dam crest is located approximately 160 feet north of the south section line and 650 feet east of the west section line of Section 28, Township 7 South, Range 79 West, 6th P.M., Eagle County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow and seepage from the area above the reservoir and tributary thereto and water tributary to Tenmile Creek, a tributary of the Blue River. ii. Exchange Supply: (1) Homestake Project: Homestake Reservoir, a/k/a Elliott-Weers Reservoir, was decreed by the Eagle County District Court in Civil Action No. 1193 for 83,338.98 a.f. The reservoir is located on Homestake Creek with the dam being located whence the NW corner of Section 31 Township 7 South, Range 80 West, 6th P.M. bears North 58º30.6' East 24,659 feet from the East dam abutment and North 62º25.8' East 25,746 feet from the West dam abutment. The sources of supply are the East Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. (2) Camp Hale Project: Aurora and Colorado Springs may provide to the River District water released from those surface and ground water storage rights sought by Aurora and Colorado Springs in Cases No. 88CW449 and 95CW272, District Court, Water Division No. 5. E. Other Water: Water available to Encana from any other source legally available for augmentation which can be provided in the amount and at the time and location required for augmentation as provided by C.R.S. § 37-92-305(8)(c). 5. Complete statement of plan for augmentation: This application seeks to adjudicate a plan for augmentation for the replacement of the out-of-priority diversion of water from the Encana Structures. Water diverted from the Encana Structures is used in connection with Encana’s oil and gas drilling operations in Garfield, Rio Blanco, and Mesa Counties. Encana proposes to replace out-of-priority diversions from the Encana Structures to the extent necessary to prevent injury to other water rights, with fully-consumable water from the sources described above at Paragraph 4. Encana will divert water from the Encana Structures year-round for these operations. Such uses will be considered 100% consumptive, and Encana claims the right to use and reuse all such water and to fully consume such water. Encana will install such measuring devices and maintain such


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records as may reasonably be required to implement the proposed plan for augmentation. The subject plan for augmentation also involves the replacement of out-of-priority diversions from the Encana Water Horse Point of Diversion, North Parachute Ranch Truck Pullout Point of Diversion, North Parachute Ranch Meadows Ditch Point of Diversion, and the North Parachute Ranch West Fork Creek Point of Diversion (collectively the “Parachute Structures”), the upstream exchange-to-points, with water released to or left in the river at the downstream exchange-from-point by use of the appropriative rights of substitution and exchange described in Paragraph 10 of this Application. SURFACE WATER RIGHTS 6. Name of Structure: Encana Water Horse Point of Diversion. A. Legal description of point of diversion: See Paragraph 3.H.i above. B. Source: See Paragraph 3.H.ii above. C. Date of initiation of appropriation: June 30, 2004. D. How appropriation was initiated: Encana began diverting water at this location during free-river conditions for its oil and gas drilling operations. E. Date water applied to beneficial use: June 30, 2004. F. Amount claimed: 1.5 cfs, absolute; 1.5 cfs, conditional. G. Use: See Paragraph 3.H.iv above. H. Place of use: See Paragraph 3.H.v above. 7. Name of Structure: North Parachute Ranch Truck Pullout Point of Diversion. A. Legal description of point of diversion: See Paragraph 3.I.i above. B. Source: See Paragraph 3.I.ii above. C. Date of initiation of appropriation: June 30, 2004. D. How appropriation was initiated: Encana began diverting water at this location during free-river conditions for its oil and gas drilling operations. E. Date water applied to beneficial use: June 30, 2004. F. Amount claimed: 1.5 cfs, absolute; 1.5 cfs, conditional. G. Use: See Paragraph 3.I.iv above. H. Place of use: See Paragraph 3.I.v above. 8. Name of Structure: North Parachute Ranch Meadows Ditch Point of Diversion. A. Legal description of point of diversion: See Paragraph 3.J.i above. B. Source: See Paragraph 3.J.ii above. C. Date of initiation of appropriation: June 30, 2004. D. How appropriation was initiated: Encana began diverting water at this location during free-river conditions for its oil and gas drilling operations. E. Date water applied to beneficial use: June 30, 2004. F. Amount claimed: 1.5 cfs, absolute; 1.5 cfs, conditional. G. Use: See Paragraph 3.J.iv above. H. Place of use: See Paragraph 3.J.v above. 9. Name of Structure: North Parachute Ranch West Fork Creek Point of Diversion. A. Legal description of point of diversion: See Paragraph 3.K.i above. B. Source: See Paragraph 3.K.ii above. C. Date of initiation of appropriation: June 30, 2004. D. How appropriation was initiated: Encana began diverting water at this location during free-river conditions for its oil and gas drilling operations. E. Date water applied to beneficial use: June 30, 2004. F. Amount claimed: 1.5 cfs, absolute; 1.5 cfs, conditional. G. Use: See Paragraph 3.K.iv above. H. Place of use: See Paragraph 3.K.v above. APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE 10. Name of Appropriative Rights of Substitution and Exchange: Encana Parachute Creek Exchanges. A. Exchange Reach and Points of Substitution and Exchange: The downstream terminus point (exchange-from-point) of the exchange is the confluence of Parachute Creek and the Colorado River, located in the SW¼ of the NE¼, Section 13, Township 7 South, Range 96 West of the 6th P.M., 1846 feet from the North section line and 1374 feet from the East section line of said Section 13. The upstream terminus points (exchange-to-points) for the exchange are the Parachute Structures, and are more fully described in Paragraphs 3.H – K, above. B. Sources of Substitute Supply: The sources described in Paragraph 4, above. C. Appropriation of Exchange Rights: i. Date appropriations initiated: September 30, 2010. ii. How the appropriations were initiated: Encana formed the specific intent to amend its previously-filed plan for augmentation to include points of diversion on Parachute Creek as augmented structures, including the specific acts of determining the precise location of these structures. D. Maximum Rate of Exchange: 3.0 cfs, CONDITIONAL. E. Use: The use of water exchanged under the water right sought in this application will be consistent with the decreed uses of the sources of substitute supply. F. Place of Use: The place of use for the water diverted under the water rights sought in this application will be consistent with the decreed places of use of the sources of substitute supply. 11. Names and Addresses of Owners or Reputed Owners of the Land Upon Which Any New Diversion Structure, or Modification to any Existing Diversion or Storage Structure is Or Will be Constructed or Upon Which Water is or will be Stored, Including any Modification to the Existing Storage Pool: A. Last Chance Ditch Alternate Point of Diversion: Thom and Camille Toler, 361 County Road 311, Silt, Colorado 81652-9601. B. Rulison Alternate Point of Diversion: Gary Lee Mahaffey, 4947 County Road 309, Parachute, CO 81635-9109. C. Parachute Alternate Point of Diversion: Exxon Corporation, P.O. Box 53, Houston. TX 77001-0053. D. Unabridge Alternate Point of Diversion: William R. Patterson, Rodney C. Power, Ronald and Marie Tipping, P.O. Box 1329, Grand Junction, CO 81052. E. Debeque Alternate Point of Diversion: William and Margaret Prather, P.O. Box 242, De Beque, CO 81630-0242. F. Encana Water Horse Point of Diversion: Applicant. G. North Parachute Ranch Truck Pullout Point of Diversion: Applicant. H. North Parachute Ranch Meadows Ditch Point of Diversion: Applicant. I. North Parachute Ranch West Fork Creek Point of Diversion: Applicant. WHEREFORE, Encana requests the Court to find that the plan for augmentation, including exchanges and surface water rights proposed herein will not result in injury to the vested or decreed conditional water rights of others and to enter a decree approving the appropriative rights of substitution and exchange, surface water rights, and plan for augmentation requested in this application. (19 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


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28. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW218 MESA COUNTY, Salt Creek, tributary to West Divide Creek, tributary to Colorado River. Dow and Kathy Rippy, c/o Scott Balcomb, Esq. and Scott Grosscup, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945-6546. SECOND AMENDMENT TO APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART. Applicants amend their Application for Finding of Reasonable Diligence and to Make Absolute, in part, filed on August 31, 2010, as amended on September 3, 2010, to include a claim to confirm that the Decree entered in Case No. 00CW304, Dist. Ct., W.D. 5, awarded absolute water rights to the Rippy Springs No. 1-4 and the Rippy Ponds No. 1-4, or in the alternative, that Applicants have been reasonably diligent and made those water rights absolute. Figure 1. Applicants amend paragraph 2(e) of the First Amended Application to include absolute amounts for the Rippy Springs No. 1 through 4: Amts: Rippy Spring Nos. 1 and 2: 0.015 cfs abs. and 0.095 cfs, cond. for each spring; Rippy Spring Nos. 3 and 4: 0.028 cfs abs. and 0.082 cfs, cond. for each spring. Applicants amend the First Amended Application to include the following water rights after paragraph 4: Rippy Ponds No. 1 through 5. Decree: August 30, 2004, Case No. 00CW304, Dist. Ct., W.D. 5. Legal: Rippy Pond No. 1: the location of the dam is at a point in the SE1/4NW1/4 of Sec. 7, T. 8 S., R. 91 W. of the 6th P.M. approx. 2,088 feet S. of the N. sect. line and 1,440 feet E. of the W. sect. line. Rippy Pond No. 2: Dam is at a point in the SW1/4NW1/4 of Sec. 7, T. 8 S., R. 91 W. of the 6th P.M. approx. 1,728 feet S. of the N. sec. line and 960 feet E. of the W. Sec. line. Rippy Pond No. 3: dam is at a point in the SW1/4NW1/4 of Sec. 7, T. 8 S., R. 91 W. of the 6th P.M. approx. 1,632 feet S. of the N. sect. line and 864 feet E. of the W. Sec. line. Rippy Pond No. 4: dam is at a point in the SW1/4NW1/4 of Sec. 7, T. 8 S., R. 91 W. of the 6th P.M. approx. 1,392 feet S. of the N. sec. line and 792 feet E. of the W. Sec. line. Approp.: November 1, 1998. Date applied to beneficial use, per decree entered in Case No. 00CW304, November 1, 1998. Amt.: Rippy Pond No. 1: 0.121 a.f., abs. Rippy Pond No. 2: 0.526 a.f., abs. Rippy Pond No. 3: 0.132 a.f., abs. Rippy Pond No. 4: 0.796 a.f., abs. Uses: irrigation of 12 acres, Figure 1, livestock watering, piscatorial, aesthetic, and wildlife habitat. Pond info.: Rippy Pond No. 1. Surface Area: 0.047 acres; Height: 8 feet; Length: 32 feet. Rippy Pond No. 2, Surface Area: 0.163 acres; Height: 9.9 feet; Length: 57 feet. Rippy Pond No. 3, Surface Area: 0.076 acres; Height: 5 feet; Length: 48 feet. Rippy Pond No. 4, Surface Area: 0.209 acres; Height: 9 feet; Length: 78 feet. Applicants amend Paragraph 8 the First Amended Application to include the Rippy Springs 1-4 as the amts. have been amended and the Rippy Ponds No. 1-4 in the water rights for which Applicants are seeking a finding of reasonable diligence and that the activities claimed for diligence apply to these water rights. Applicants amend Paragraph 9 of the First Amended Application to include: Rippy Ponds No. 1-4: Case No. 00CW304 identified these water rights as being abs., however, Section III of the decree does not specifically identify these rights as abs. See § I, ¶9.C.A. and B, ¶ 9.D.A.(a) - (D), and 9.G.A. - D of the 00CW304 decree. Applicants request that the court confirm that the water rights for the Rippy Ponds No. 1-4 were made abs. in Case No. 00CW304, or that it has otherwise been made abs. in the amounts described above. Date water applied to beneficial use: November 1, 1998. See ¶ 9.C.B, Decree, 00CW304. Amt.: 1.090 a.f. Rippy Springs No. 1-4: Name of owner of the land upon which structures are located and where water has been applied to beneficial use: Applicants. Except as amended herein, the First Amended Application remains unchanged. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 29. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW236 (01CW9) MESA COUNTY-SEEPAGE, RUNOFF, FLOW & CONTROL SPILL FROM GRAND VALLEY WATER USERS HIGHLINE CANAL TRIBUTARY TO THE COLORADO RIVER. Thomas A. Cronk & Patti J. Standard-Cronk; 1129 – 24 Road; Grand Junction, CO 81505. (970)245-0577. Persigo Wash Pump & Pipeline-Amended Application For Finding of Reasonable Diligence and to Make Absolute. Location: NE¼SW¼ of Sec. 9, T.1N, R. 1W. of the Ute P.M. 2,039 ft. from the south sec. line and 1,436 ft. from the west sec. line. Appropriation: March 1, 1994. Amount: 0.5cfs, absolute and 0.5 cfs, conditional. Use: irrigation. An outline of work completed during the diligence period is included in the application. (20 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


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30. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW268 (03CW188) PITKIN COUNTY, SOURCE: CAPITOL CREEK, E. SOPRIS CREEK AND LITTLE ELK CREEK, ROARING FORK RIVER, COLORADO RIVER. Application of McCabe Ranch for Finding of Diligence and to Make Absolute. Applicant’s attorneys: BALCOMB & GREEN, PC, Sara Dunn, PO Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. McCabe Ranch is located at 70 McCabe Ranch Road, Snowmass, Colorado. This application was previously published with the applications filed in October of 2010; however, the resume notice incorrectly identified the source of certain water rights as East Snowmass Creek instead of East Sopris Creek. The following conditional rights were originally decreed in Dist. Ct. Div. 5, 87CW313 (1 of 5), Third Amended, on 5/13/1991, nunc pro tunc 12/12/1990 as follows: McCabe Pond No. 1. Capitol Creek and surface water tributary to East Sopris Creek, both tributary to the Roaring Fork River, tributary to the Colorado River. Legal Descp: NW1/4 SE1/4 Sec. 5, T9S, R86W, 6PM, 2360 ft. from S. line, 2730 ft. from W. line. Approp. 4/17/1987. Amt. 0.14 AF. Use: rec., pisc., fire protection (FP) and stock watering (stock). McCabe Pond No. 2. Source: Capitol Creek and surface water tributary to East Sopris Creek. Legal Descp: NE1/4 SW1/4 of Sec. 5, T9S, R86W, 6PM, 2320 ft. from S. line, 2500 ft. from W. line. Approp: 4/17/1987, Amt. 0.14 AF. Use: rec., pisc., FP and stock. McCabe Pond No. 4. Source: Capitol Creek and surface water tributary to East Sopris Creek. Legal Descp: SW1/4 NE1/4 Sec. 5, T9S, R86W, 6PM, 3410 ft. from S. line, 3200 ft. from W. line. Approp. 4/17/1987, Amt: 0.40 AF, cond., 0.3 AF previously made abs. in 87CW313 for a total capacity of 0.7 AF. Use: rec., FP, stock. McCabe Pond No. 18. Source: Green Meadow Ditch diverting from Capitol Creek and surface water tributary to East Sopris Creek. Legal Descp: SE1/4 SW1/4 Sec. 5, T9S, R86W 6PM, 1090 ft. from S. line, 1500 ft. from W. line. Approp. 4/17/1987, Amt. 0.14 AF. Use: irr., rec., pisc., FP, stock. McCabe Pond No. 20. Source: Green Meadow Ditch diverting from Capitol Creek and surface water tributary to East Sopris Creek. Legal Descp: SE1/4 NW1/4 Sec. 5, T9S, R86W 6PM, 2730 ft. from S. line, 2510 ft. from W. line. Approp. 4/17/1987, Amt. 0.14 AF. Use: irr., rec., pisc., FP and stock. Dist. Ct. Div. 5, 87CW313 (4 of 5), Second Amended, on 12/12/1990: Abacus Ranch Well No. 3. Source: ground water tributary to East Sopris Creek. Legal Descp: SE1/4 NE1/4 of Sec. 5, T9S, R86W, 6PM, 3450 ft. from the S. line and 4400 ft. from W. line of Sec. 5, Approp: 3/27/1989, Amt: 0.033 cfs. Use: Irr. of 1.0 ac. within the J.H. McCabe Tracts 5 and 6, dom, FP and stock. Abacus Ranch Well No. 5. Source: ground water tributary to Little Elk Creek, tributary to Capitol Creek. Legal Descp: SW1/4 SE1/4 Sec. 5, T9S, R86W, 6PM, 540 ft. from S. line, 3540 ft. from W. line. Approp. 3/27/1989, Amt. 0.033 cfs. Use: Irr. of 1.0 ac. within the J.H. McCabe Tract 7, dom, FP and stock. The following conditional rights were originally decreed in Dist. Ct. Div. 5 in 92CW297 on 9/16/1993 as follows: McCabe Ranch Well B Source: ground water tributary to East Sopris Creek. Legal Descp: NE1/4 NE1/4 Sec. 7, T9S, R86W, 6PM, at a point South 34 deg. 0' W., 1440' from the NE Corner of Sec. 7; 1200 ft. from N. line, 795 ft. from E. line. Approp. 12/31/1992, Amt: 0.165 cfs. Use: Irr. within a 30 ac. tract located in the NW1/4 NW1/4 Sec. 8, T9S, R86W, 6PM, dom. FP and stock. McCabe Ranch Well C. Source: ground water tributary to East Sopris Creek. Legal Descp: NE1/4 NE1/4 Sec. 7, T9S, R86W, 6PM at a point S. 36 deg. 30' W., 695' from NE Corner of Sec. 7; 560 ft. from N. line, 410 ft. from the E. line. Approp: 12/31/1992, Amt: 0.165 cfs. Use: Irr. within a 30 ac. tract located in the NW1/4 NW1/4 Sec. 8, T9S, R86W, 6PM, dom., FP and stock. McCabe Ranch Well E. Source: ground water tributary to Little Elk Creek, tributary to Capitol Creek. Legal Desp: SW1/4 NW1/4 Sec. 8, T9S, R86W, 6PM. at a point S. 02 deg. 0' E., 1880' from the NW Corner of Sec. 8; 1880 ft. from N. line, 65 ft. from W. line. Approp: 12/31/1992, Amt: 0.165 cfs. Use: Irr. within a 1.2 ac. tract located in the SW1/4, NW1/4 of Sec. 8, T9S, R86W, 6PM, dom., FP and stock. A detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as cond. decreed, including expenditures, is contained in the Application on file with the Court. CLAIMS TO MAKE ABSOLUTE. McCabe Pond No. 18 has been made Abs. in its entirety by completion, filling and application of water to beneficial use 4/1/2005 in Amt. 0.14 AF for Irr., rec., pisc, FP and stock within Tract 1, McCabe Ranch. Abacus Ranch Well No. 5 has been made Abs. in its entirety by completion on 10/2/2007 and application of water to beneficial use on 4/1/2008. Amt: 0.033 cfs for Irr. of 1.0 ac. within the J.H. McCabe Tract 7, dom, FP and stock. (10 pgs. 4 Ex.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 31. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW275 (02CW338 & 02CW339) GARFIELD COUNTY- UNNAMED TRIBUTARY TO THE COLORADO RIVER. Carmine DePaolo; 1156 Six Lazy K Road; New Castle, CO 81647 (970)876-2921. DePaolo No. 1 Reservoir & DePaolo No. 1 Ditch Pipeline & Pump-Application for Finding of Reasonable Diligence. Legal description for both structures: SE¼SW¼ of Sec. 24, T. 6S, T. 92W. of the 6th P.M. DePaulo No. 1 Reservoir- 580 ft. from the south sec. line and 2,300 ft. from the west sec. line; DePaulo No. 1 Ditch Pipeline & Pump-305 ft. from the south sec. line and 2,210 ft. from the west sec. line. Appropriation: Mar. 2, 1990; Amount:


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DePaulo No. 1 Reservoir-2.0 a.f., conditional and DePaolo No. 1 Ditch Pipeline & Pump-0.80 cfs, conditional. Use: irrigation. An outline of work completed during the diligence period is included in the application. (14 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 32. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2010. 10CW278 (REF. NOS. 02CW308 and 96CW129) GARFIELD and EAGLE COUNTIES, SURFACE WATER TRIBUTARY TO BLUE CREEK AND THE ROARING FORK AND COLORADO RIVERS. Dakota Homeowners’ Association and Dakota Meadows Homeowner’s Association, c/o Tom Kinney, Esq., Western Slope Water Rights, LLC, 201 Main Street, Suite 302, Carbondale, Colorado 81623, (970) 963-3900 ext. 4. Application for Finding of Reasonable Diligence. Applicants request entry of a decree finding that they have shown reasonable diligence in completing the appropriation of water pursuant to the following-described water rights: Dakota Ditch, 2.0 cfs, conditional, diverted from Blue Creek at a point in unincorporated Garfield County in the SE¼NW¼ of Sec. 33, T. 7 S., R. 87 W., 6th P.M., 3,450 feet distant from the south section line and 2,700 feet distant from the east section line of said Sec. 33, which point of diversion is located on land owned by the Applicants or a homeowner-member within the Dakota Subdivision, for aesthetic, piscatorial and recreation uses and filling the Dakota Pond with an appropriation date of April 6, 1995; (2) Dakota Pond, 3.7 acre-feet, conditional, all dead storage, which off-channel structure is located at a point in unincorporated Garfield County on land owned by the Applicants or homeowner-members within the Dakota and Dakota Meadows Subdivisions within the SE¼NW¼ of Sec. 33, T. 7 S., R. 87 W., 6th P.M., 3,280 feet from the south section line and 2,800 feet from the east section line of said Section 33, filled with water diverted from Blue Creek in the Dakota Ditch for aesthetic, piscatorial and recreation uses with an appropriation date of April 6, 1995. Applicants have provided evidence of the efforts they have made and the associated costs they have incurred during the past six-year diligence period towards diligently completing the appropriation of water under these conditional water rights, which are the subject of the application. Applicants request that the subject conditional water rights be continued in full force and effect for an additional six-year diligence period. (7 pages with map attached to the Application as Exhibit A). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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