DISTRICT COURT, WATER DIVISION 7, COLORADO

WATER RESUME

______________________________________________________________________________

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER

DIVISION NO. 7

Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water

right applications filed in the Office of the Water Clerk during the month of December, 2007, for

each county affected and an Invitation to Join Substitute Water Supply Plan Notification List.

04CW37 SCOTT WOODS, P.O. Box 2205, Durango, CO 81302, Telephone (970) 259-4522 c/o

Goldman, Robbins, & Nicholson, P.C., P.O. Box 2270, Durango, CO 81302, PETITION FOR

CORRECTION OF JUDGMENT AND DECREE IN LA PLATA COUNTY. Name of Structure: S.

Woods Diversion. Type of Diversion: direct diversion from Animas River, Water District #30, Priority

No.8, Tributary Priority No. A-3. Previous Decree: a) Date Entered: May 23, 2005; b) Case No: 04 CW

37; c) Court: La Plata County District Court, Water Division 7; d) Decreed point of diversion: In the SW

¼ SE ¼ Section 36, T37N, R9W, NMPM 580 feet from the south line, and 2350 feet from the east line of

said Section 36; e) Source: Animas River; f) Appropriation Date: 1/1/1876; g) Amount: 0.50 cfs; f)

Historic use: irrigation. Correction requested: A decree was signed April 14, 2005 that changed the point

of diversion to a point known as the S. Woods diversion in the SW ¼ SE ¼ Section 36, T37N, R9W,

NMPM 580 feet from the south line, and 2350 feet from the east line of said Section 36. This diversion

was to be a direct diversion from the Animas River located on the east bank of the river. Due to technical

surveying error, the actual point of diversion was located approximately 300 feet south of the decreed

point of diversion. Applicant requests that the Court correct the decreed point of diversion to the actual

point of diversion: In the SW ¼ of SE ¼ Section 36 Township, 37N R9W, NMPM 227 feet from the

south line, and 2,266 feet from the east line of said Section 36. There are no intervening structures along

this approximately 300 foot long section of the river. (3 pages)

2006 CW 109 Amended Application for Conditional and Absolute Underground Water Rights.

Applicant: American Real Estate Investors, LLC, 1600 Padre Roberts Road NW, Albuquerque, NM

87107, (505) 345-7066, by: Nancy Agro, 101 W. 11th Street, Suite 112, Durango, CO 81301, (970) 247-

1113; (1) New Underground Water Right for well pond: AREI Well Pond, a/k/a Day Gravel Pit;

Location: In the SW/4 SE/4 SW/4 Section 5, Township 35 North, Range 1 West, N.M.P.M., being 127

feet from the South section line and 1704 feet from the West Section line of said Section 5; UTM

Coordinates: N4129026, E324603 (NAD 83, Zone 13), Source: Groundwater tributary to San Juan River,

and surface diversion from San Juan River; Date of appropriation: September, 2005; Amount claimed: 5

c.f.s., absolute for filling of well pond from all sources; Use: Irrigation, recreation, fish, fire protection,

waterfall/feature, evaporation; (2) New Surface Right: AREI San Juan River diversion; Legal description

of point of diversion: GPS Coordinates: Lat 37.172911765/Long -106.5843471; Source: San Juan River,

Date of initiation of appropriation: September, 2005; Amount claimed: 5.0 c.f.s. for filling of well pond,

and .25 cfs for irrigation, conditional; Use: Flow through water right into well ponds for supplemental

irrigation, pond filling for fire protection, piscatorial and evaporation. (5 pages)

07CW78 Bryan Gianesin, 1278 Glenneyre #288, Laguna Beach, CA 92651: Rainbow Pump, La

Plata County; SW1/4SE1/4, Section 8U, T34N, R9W, NMPM; 366 feet from South and 1877 feet from

East; Rainbow Pump AP, La Plata County; SW1/4SE1/4, Section 8U, T34N, R9W, NMPM; 299 feet

from South and 2281 feet from East; Rainbow Pump AP2, La Plata County; SW1/4SE1/4, Section 8U,

T34N, R9W, NMPM; 353 feet from South and 2507 feet from East; Animas River; Date of initiation of

appropriation, 11/19/07; Appropriation was initiated by consultation with Water Commissioner; .25 cfs

Conditional; Irrigation, picatorial and recreation; Number of acres historically irrigated, 0; Proposed to be

irrigated, 10; Non-irrigation, filling, refilling and flow through in ponds to be built for picatorial and

recreation use. Application for Water Rights (Surface) (6 pages)

07CW80 Timothy Nistler, 259 Hunna Drive, Bayfield, CO 81122: Nistler Pump, La Plata County;

SW1/4SE1/4, Section 8U, T34N, R7W, NMPM; 1043 feet from South and 1535 feet from East; Northing

4120455, Easting 266756; Self arroyo; Date of initiation of appropriation, November 21, 2007;

Appropriation was initiated by field inspection with Water Commissioner; 0.033 cfs Conditional;

Irrigation; Number of acres historically irrigated, 0; Proposed to be irrigated 2. Application for Water

Rights (Surface) (3 pages)

07CW81 Lorene F. Wheat, 18841 CR 501, Bayfield, CO 81122: Lorene’s Pump, La Plata

County; NE1/4SE1/4, Section 29, T37N, R6W, NMPM; 2028 feet from South and 915 feet from East;

Grimes Creek tributary to Vallecito tributary to Pine River; Date of initiation of appropriation, October 1,

2006; 0.033 cfs Conditional; Irrigation of 12000 sq. ft. of lawn and garden. Application for Water Rights

(Surface) (3 pages)

07CW82 Dawn Ellen & N.H. Cotton Read, Durango RV Park, 5875 Hwy. 500, Durango, CO

81303: Sundown Acres Spring & Pump, La Plata County; NE1/4NW1/4, Section 30, T33N, R9W,

NMPM; 1000 feet from North and 3500 feet from East; Spring tributary to Animas River; Appropriation

date, August 31, 1997; Date applied to beneficial use, May 15, 2002; Description of where water is

applied to beneficial use, 4 acres of irrigation on parcel #5951-302-00-174; Work performed towards

completion of project outlined in detail in application; .02 cfs. Application to Make Absolute (4 pages)

07CW83 I - Applicant: Jeff and Caroline Munger, 1200 CR 505, Bayfield, Colorado 81122, (970)

884-4924. II - Attorney: Amy N. Huff, The Craig Law Firm P.C., 1099 Main Avenue, Suite 300,

Durango, Colorado 81301, (970)259-8978. III – Type of Application: Application for conditional

direct flow and conditional water storage rights. IV - Drainage Basin: Pine River Drainage, La

Plata County, Colorado V - Surface Water Rights: Sullivan Ditch - Munger Enlargement (ditch). A-

Legal Description of Point of Diversion: The headgate of the Sullivan Ditch, which is located at a point

on the Pine River in the NE¼SW¼ of Section 14, T35N, R7W, NMPM, La Plata County, Colorado, 1558

feet from the South section line and 1819 feet from the West section line of said Section 14. GPS, Zone

13, N4131151 E268827. B- Source: Pine River. C- Amount: 0.5 cfs, Conditional. D- Appropriation Date:

July 20, 2007. On said date, Applicants initiated their appropriations by conferring with the water

commissioner on their property. Said activities constitute an overt act in furtherance of Applicants’ intent

to appropriate that provided notice to third parties. E- Use: Irrigation of up to 32 acres located in the N½

NW¼ of Section 26, T35N, R7W, NMPM, stock watering, and filling of ponds for said purposes. Said

irrigation will occur on Tract B of the Peterson Boundary Adjustment 93-48 on lands located West of the

Sullivan Ditch. VI - Water Storage Right: Munger Pond. A- Legal Description of Location: The

Munger Pond will be located in the N½N½ of Section 26, T35N, R7W, NMPM, La Plata County,

Colorado. An as-build location with distances from section lines will be provided when the Applicant

files an Application to make the Munger Pond water storage right absolute. B- Sources: 1) Pine River. 2)

Sullivan Ditch - Munger Enlargement, set forth above, through the Sullivan Ditch, which has a decreed

capacity of 7.08 cfs. The legal description for the headgate of the Sullivan Ditch is set forth above. 3)

Shareholder interest in winter stock use pending in Case No. 05CW72, District Court for Water Division

No. 7. C- Amount: 5 acre-feet, Conditional, with the right to fill and refill while in priority. The Munger

Pond will be filled at the rate not to exceed 0.5 cfs. D-Appropriation Date: July 20, 2007. On said date,

Applicants initiated their appropriation by conferring with the water commissioner on their property.

Said activities constitute an overt act in furtherance of Applicants’ intent to appropriate that provided

notice to third parties. E- Use: Irrigation of up to 32 acres located in the N½ NW¼ of Section 26, T35N,

R7W, NMPM, stock watering, and aesthetics incidental to the irrigation and stock watering uses. Said

irrigation will occur on Tract B of the Peterson Boundary Adjustment 93-48 on lands located West of the

Sullivan Ditch. F- Surface Area: The anticipated surface area of the Munger Pond is 1.0 acres. G-

Maximum Height of Dam: 10 feet. H- Length of Dam: unknown. I- Total Capacity of Reservoir: 5 acre-

feet, all of which is anticipated to be active capacity. VII - Names and Addresses of Owners of the

Land upon which any new or modified diversion or storage structure is or will be constructed. The

Applicants do not intend to modify the headgate of the Sullivan Ditch. Applicants own the land on which

the Munger Pond will be constructed. Applicants’ contact information is set forth above. VIII –

Additional Information: See Application (4 pages).

07CW84 I - Applicant: Marvin Conrad and Catherine Conrad, 1107 CR 505, Bayfield, Colorado

81122, (970) 884-9455 II - Attorney: Amy N. Huff, The Craig Law Firm P.C., 1099 Main Avenue, Suite

300, Durango, Colorado 81301, (970)259-8978. III – Type of Application: Application for conditional

direct flow and conditional water storage rights. IV - Drainage Basin: Pine River Drainage, La

Plata County, Colorado V - Surface Water Rights: 1) Sullivan Ditch - Conrad Enlargement (ditch).

A- Legal Description of Point of Diversion: The headgate of the Sullivan Ditch, which is located at a

point on the Pine River in the NE¼SW¼ of Section 14, T35N, R7W, NMPM, La Plata County, Colorado,

1558 feet from the South section line and 1819 feet from the West section line of said Section 14. GPS,

Zone 13, N4131151 E268827. B- Source: Pine River. C- Amount: 1.25 cfs, Conditional. D-

Appropriation Date: January 2004. On said date, Applicants initiated their appropriation by conferring

with the Sullivan Ditch Board of Directors regarding the carriage of additional water in the Sullivan

Ditch. Said activities constitute an overt act in furtherance of Applicants’ intent to appropriate that

provided notice to third parties. E- Use: Irrigation of up to 100 acres located in the S¾SW¼ of Section

23, T35N, R7W, NMPM, stock watering, and the filling and refilling of ponds for said purposes. 2)

Water Carriage Agreement: The Applicants and the Sullivan Ditch Company have entered into an

Agreement dated October 31, 2007, that provides for the diversion of 1.25 cfs at the headgate of the

Sullivan Ditch and the carriage of said water in the ditch to the Applicants’ place of use. VI - Water

Storage Right: 1) Conrad Pond. A- Legal Description of Location: The Conrad Pond will be located in

the SW¼ of Section 23, T35N, R7W, NMPM, La Plata County, Colorado. An as-build location with

distances from section lines will be provided when the Applicants file an Application to make the Conrad

Pond water storage right absolute. B- Source: Pine River. The Conrad Pond will be filled by diversions

made pursuant to the Sullivan Ditch - Conrad Enlargement direct flow water right set forth above. C-

Amount: 5 acre-feet, Conditional, with the right to fill and refill while in priority. The Conrad Pond will

be filled at the rate not to exceed 1.25 cfs. D-Appropriation Date: January 2004. On said date,

Applicants initiated their appropriation by conferring with the Sullivan Ditch Board of Directors

regarding the carriage of additional water in the Sullivan Ditch. Said activities constitute an overt act in

furtherance of Applicants’ intent to appropriate that provided notice to third parties. E- Use: Irrigation of

up to 100 acres located in the S¾SW¼ of Section 23, T35N, R7W, NMPM, stock watering, and

aesthetics incidental to the irrigation and stock watering uses. F- Surface Area: The anticipated surface

area of the Conrad Pond is 1.0 acres. G- Maximum Height of Dam: 10 feet. H- Length of Dam: unknown.

I- Total Capacity of Reservoir: 5 acre-feet, all of which is anticipated to be active capacity. 2) Water

Carriage Agreement: See above. VII - Names and addresses of owners of the land upon which any

new or modified diversion or storage structure is or will be constructed. The Applicants do not intend to

modify the headgate of the Sullivan Ditch. Applicants own the land on which the Conrad Pond will be

constructed. Applicants’ contact information is set forth above. VIII – Additional Information: See

Application (4 pages).

07CW 85 LA PLATA COUNTY, LA PLATA WATER DISTRICT NO. 33 1. Applicant: Name, Address, Telephone Number: Mountain Valley of Durango Homeowners

Association, c/o Rob Sachs, Sachs Construction LLC, 484 Turner Drive, Building B, Suite 2, Durango,

Colorado 81303, (970) 382-9565. 2. Attorney: James C. Anesi, 2023 Main Avenue, Durango, Colorado

81301; (970) 247-8720. 3. Structure or Plan: A. Mountain Valley Wells Nos. 1 through 25; B. Pioneer

Ditch First Enlargement, change of point of diversion; C. Mountain Valley Reservoir No. 1. 4. Type of

Application: To Make Absolute, change of point of diversion of Pioneer Ditch First Enlargement for

1.15 cfs domestic and irrigation, and for storage of 10.5 acre feet for Mountain Valley Reservoir No. 1,

and for an absolute adjudication on the following wells: Lot 2: 25 gpm, depth 140 feet; Lot 3: 14 gpm,

depth 140 feet; Lot 4: 15 gpm, depth 140 feet; Lot 5: 15 gpm, depth 140 feet; Lot 6: 3 gpm, depth 260

feet; Lot 7: 12 gpm, depth 160 feet; Lot 8: 12 gpm, depth 160 feet; Lot 9: 4 gpm, depth 250 feet; Lot 10:

15 gpm, depth 220 feet; Lot 11: 10 gpm, depth 175 feet; Lot 14: 10 gpm, depth 160 feet; Lot 15: 15

gpm, depth 160 feet; Lot 16: 2 gpm, depth 240 feet; Lot 17: 13 gpm, depth 220 feet; Lot 18: 12 gpm,

depth 200 feet; Lot 19: 15 gpm, depth 185 feet; Lot 20: 15 gpm, depth 160 feet; Lot 21: 10 gpm, depth

160 feet; Lot 22: 10 gpm, depth 240 feet; Lot 23: 3.50 gpm, depth 160 feet; Lot 25: 4 gpm, depth 140

feet; And for conditional use for wells to be drilled on Lots 1, 12 and 24. 5. Drainage Basin: Florida

River, La Plata County, Colorado. 6. Location: SW1/4 SW1/4 Section 4, and NE1/4 NW1/4 and SW1/4

SW1/4 of Section 9, Township 34 North, Range 8 West, NMPM. 7. Type of Use: A. Mountain Valley

Wells Nos. 1 through 25: Irrigation up to 140 acres and storage of 10.5 acre feet for augmentation of

wells, domestic use, and irrigation. B. Pioneer Ditch First Enlargement: Augmentation to supplement

Mountain Valley Wells and storage in Mountain Valley Reservoir. C. Mountain Valley Reservoir:

supplemental augmentation for Mountain Valley Wells for 10.5 acre feet. 8. Type of Structure:

Reservoir, wells, and ditch. 9. Quantity: 1.15 cfs, change of point of diversion, 10 acre feet, 10.5 acre

feet for storage, and 234.5 gallons per minute for wells. 10. Additional Information: All wells 1

through 25 have been drilled with the exception of wells on Lots 1, 12, and 24. The reservoir has been

built for storage, and the change of point of diversion for the Pioneer Ditch First Enlargement has been

completed. (13 pages)

07CW86 Mark & Lori Quick, 70 Iron King, Durango, CO 81301: Quick Pump, La Plata County;

SW1/4SW1/4, Section 8U, T34N, R9W, NMPM; 880 feet from South and 1177 feet from West; Animas

River; Date of initiation of appropriation, 12/31/07; Appropriation was initiated by application for water

right, locating point of diversion; 0.125 cfs Conditional; Irrigation of 5 acres; Application for Water

Rights (Surface) (4 pages)

07CW87 LER Enterprises, Inc., 1766 County Road 302, Durango, CO 81303: Robert’s Ditch, La

Plata County; NE1/4NE1/4, Section 10, T36N, R6W, NMPM; 1220 feet from North and 1240 feet from

East; Northing 4142963, Easting 277769; Un-named tributary to Pine River; Date of initiation of

appropriation, September 2002; Appropriation was initiated by logging area during and after Missionary

Ridge fire of 2002 summer; 0.40 cfs Conditional; Irrigation and/or stock water; Number of acres

historically irrigated 0; Proposed to be irrigated, 18-20. Application for Water Rights (Surface) (5 pages)

07CW88 Alan W. Goad, 5923 Mira Lago Ln., Arlington, TX 76017: Quincy Pump, La Plata

County; NE1/4SE1/4, Section 29, T37N, R6W, NMPM; 1716 feet from South and 669 feet from East;

Northing 4146996, Easting 274194; Grimes Creek tributary to Vallecito Creeek, tributary to Pine River;

Date of initiation of appropriation, 8/2/07; Appropriation was initiated by signing contract with Pine

River Irrigation District; Date applied to beneficial use, 9/15/07; 0.033 cfs Absolute; Irrigation of 14,000

sq. ft. of lawn. Application for Water Rights (Surface) (4 pages)

07CW89; LA PLATA COUNTY, WATER DISTRICT NO. 31: 1) Applicants: SOUTHERN UTE

INDIAN TRIBE ("TRIBE"), PINE RIVER IRRIGATION DISTRICT ("PRID"), COLORADO

WATER CONSERVATION BOARD ("CWCB");

2) Attorneys: Tribe: Janice C. Sheftel, Esq., Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717,

Durango, CO 81302; PRID: James C. Anesi, 2023 Main Avenue, Unit A, Durango, CO 81301; CWCB:

Amy F. Stengel, 1525 Sherman Street, 5th Floor, Denver, CO 81203; 3) Application for Water Storage

Right: Vallecito Reservoir; 4) Drainage Basin: all tributaries above Vallecito Reservoir, including but

not limited to Vallecito, Grimes, Root, Freeman and Wilson Creeks; the Pine River, a tributary of the San

Juan River; and streams, seeps and springs within the area of the reservoir basin; 5) Location:

SE1/4SW1/4SW1/4, Section 18 and Section 19, T36N, R6W, N.M.P.M. and Reservoir located in Section

19, T36N and T37N, R6W, N.M.P.M. The coordinates for close to the centerpoint of the dam are: UTN

Easting 272016.788 Northing 4139843.597; 6) Uses: (a)replacement/exchange;; domestic; municipal;

commercial; stock water; piscatorial; fire fighting; recreation; and irrigation, including PRID irrigation of

approximately 45,000 acres located in La Plata and Archuleta Counties identified by "PRID Acre

Certificates" in PRID records and other documents; and Tribal irrigation of approximately 22,000 acres as

set out in the decree in US v. Morrison Consolidated Ditch Co., et al., and other documents; (b)

augmentation; aquifer recharge; and industrial; (c) instream flow ("ISF") use exclusively by the CWCB to

preserve or improve the natural environment to a reasonable degree in a portion of the Pine River below

Vallecito Reservoir, as described in the Donation Agreement entered into by PRID, the Tribe and CWCB

(see Remarks below) (i.) Stream reach through which CWCB’s ISF use will be made: From May 10

through September 30, the segment of the Pine River that begins at the outlet of Vallecito Reservoir and

ends at the Highway 160 bridge over the Pine River; and from October 1 through May 9, the segment of

the Pine River that begins at the outlet of Vallecito Reservoir and ends at Dry Creek; (ii) Amounts

claimed by CWCB for ISF use of water released from Vallecito Reservoir: Water in the amount made

available and released under the Donation Agreement, not to exceed the following flow rates: To preserve

the natural environment to a reasonable degree: May 10—September 30: 136 cfs; October 1—May 9: 75

cfs.; To improve the natural environment to a reasonable degree: May 1—May 31: 360 cfs; June 1—

June 14: 720; June 15—October 14: 360 cfs; and October 15—April 30: 140 cfs.; 7) Quantity:

Amount claimed: 200,000 acre feet ("AF") conditional for releases from Vallecito Reservoir for ISF use

by the CWCB, augmentation, aquifer recharge and industrial; 8) Additional Information: Absolute, for

all other uses listed above; A. Appropriation Date: 1942 as to all Absolute uses, but July 26, 2006 as to

ISF use, augmentation, aquifer recharge, and industrial; How initiated: After completion of the

construction of the Reservoir in 1941, the Reservoir has received multiple fills which have been utilized

by PRID and the Tribe for numerous uses, including but not limited to irrigation, municipal, domestic,

commercial, stock water, piscatorial, fire fighting, recreation, exchange/replacement and other beneficial

uses. For the claimed ISF use, at its regularly scheduled meeting on July 26, 2006, the CWCB initiated

consideration of using water released from Vallecito Reservoir pursuant to the Donation Agreement to

preserve and improve the natural environment of the Pine River to a reasonable degree; Date water

applied to beneficial use: 1942 for absolute uses but not for ISF use, augmentation, aquifer recharge and

industrial). 9) Remarks: A. Vallecito Reservoir was initially decreed water rights in Case 1248-B on

March 7, 1966 ("Original Decree"); B. The Tribe's reserved water right in Vallecito Reservoir was

confirmed in Case W-1603-76D; C. The CWCB is a named Applicant only for the ISF use of water from

Vallecito Reservoir; D. The application includes ISF use to preserve or improve the natural environment

in the Pine River below Vallecito Reservoir exclusively by the CWCB to implement the Donation

Agreement among the PRID, the Tribe, and the CWCB. If the Agreement is terminated, the proposed ISF

use shall be deleted from the decree in this matter because only the CWCB may obtain a decree for an ISF

water right; E. The parties will develop an accounting procedure acceptable to the CDWR to track

Reservoir refills; F. Under CDWR's previous accounting methods, multiple fills of Vallecito Reservoir

were often not tracked; G. This appropriation confirms the historic operation of Vallecito Reservoir for

PRID and the Tribe, in the same proportion as in the Original Decree. (9 pages)

07CW90; LA PLATA COUNTY, WATER DISTRICT NO. 30: 1) Applicant: TAMARA S.

BRONSON; 2) Attorney: Janice C. Sheftel, Esq., Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box

2717, Durango, CO 81302; 3) Application for Water Storage Right: Brown's Lake; 4) Source:

Overflow from Lake Durango and natural flow in an unnamed tributary to Coal Creek, tributary to

Lightner Creek, tributary to the Animas River; 5) Location: SW1/4SE1/4 T35N, R10W, Section 28, Lat:

N37:15':28.8" Long: W107:57'53", UTM: 13S 0237110: 4127390. 6) Uses: Piscatorial, wildlife watering

(deer, lynx, coyotes, frogs, turtles.) Irrigation in July 2006 of 2 acres South and East of the Brown's Lake

out of Applicant's 12.3 acres; 7) Quantity: Amount claimed: 3.0 AF, Absolute; 8) Initiation of

Appropriation: June 1966, Piscatorial and wildlife watering; July 2006, Irrigation; 9) How initiated:

Construction of Reservoir by the Brown Family and use for piscatorial purposes; Date water first applied

to beneficial use: June 1966; 10) Reservoir data: (i) Maximum height of dam: 0 feet; (ii) Length of dam:

123 feet; f. Total capacity of reservoir: 3.0 AF; Active capacity: 2.5 AF Dead storage: 0.5 AF; Owner of

land on which structure is located: Applicant; SUBDIVISION: LA PLATA VISTA HILLS LOT: TR A,

Parcel Number 566128406001 (4 pages)

2007 CW 91 IN THE MATTER OF THE WATER RIGHTS APPLICATION OF: FLORIDA WATER

CONSERVANCY DISTRICT in La Plata County, Colorado., Application for Storage Rights.

Applicant: Florida Water Conservancy District, P.O. Box 1157, Durango, CO 81302, (970) 247-5332,

by Nancy Agro, 101 W. 11th Street, Suite 112, Durango, CO 81301, (970) 247-1113. New Storage Rights:

Lemon Reservoir; Legal Description: The axis of the dam is located in Section 17 and 20, Township 36

North, Range 7 West, N.M.P.M., beginning at a point on the right abutment, from whence the Southwest

corner of Section 17, Township 46 North, Range 7 West, N.M.P.M., bears South 84 degrees 34 minutes

West, a distance of 1699.6 feet, thence South 63 degrees, 22 minutes East a distance of 1,360 feet to a

point on the end of the axis of the dam on the left abutment thereof; Source: Florida River and all

tributaries upstream of the dam; Amount: 2,500 acre feet, conditional; Appropriation Date: March 28,

1986; New Uses: Industrial, municipal, commercial, wildlife, wetlands, exchange, augmentation,

hydropower, irrigation, and fire protection; The above requested uses are new storage rights in addition to

previously decreed storage rights in Lemon Reservoir, and are requested to the extent not covered by

previous decrees; Place of Use: Florida River Basin. Applicant may satisfy this junior storage right when

water is available for such storage before satisfying its senior water rights. (3 pages)

07CW92.I. Applicant: Lightner Creek Ranch, LLC c/o Eric Flora, 150 Rock Point Dr., Suite A.

Durango, CO 81301. II. Attorney: Geoffrey M. Craig, The Craig Law Firm P.C., 1099 Main Ave. # 300,

Durango, CO 81301 (970)259-8978. III. Type of Application: APPLICATION FOR NEW

SURFACE, GROUND WATER, AND WATER STORAGE RIGHTS, IN THE ANIMAS RIVER

WATERSHED IN LA PLATA COUNTY. IV. New Surface Rights: a. Rudy Ditch i. Legal

description: NW1/4, NW1/4, S 23, T35N, R10W, NMPM, 855’ from the N Section line and 768’ from

the W Section line of said S 23, See Figure 1 to Application. ii.Source: Lightner Creek, tributary to

Animas River. iii. Appropriation date: July 1, 2005. Appropriation initiated through evaluation of

Property development, water supply and water rights by Applicant’s owners and water consultants; site

visits by Applicant’s owners and consultants; meetings with City of Durango officials regarding proposed

development. iv. Amount claimed: 1.83 cfs conditional, which may be diverted through any combination

of PODs 1-3, Wells 1-3, and the Rudy Ditch. See Tables attached to Application for summary of water

demands. v. Proposed uses: domestic use for approximately 595 residences, irrigation of 31 acres

(including agricultural irrigation, lawn and garden, and landscaping), recreation, incidental aesthetics, fire

protection, incidental wildlife habitat, piscatorial uses, and filling and refilling of approximately 4 acres of

storage ponds and storage facilities for the aforementioned uses. vi. Comments: This new water right for

the Rudy Ditch is in addition to the 0.33 cfs decreed to the Rudy Ditch in Case No. 1751. The acreage to

be irrigated under this new water right is in addition to the acreage served under the existing irrigation

rights on the Property. b. Twin Buttes POD #s 1, 2 and 3. i. Legal descriptions: 1) POD1: NW1/4 NW1/4,

S 23, T35N, R10W, 1226’ from N Section line and 540’ W Section line of Said S 23. 2) POD2: NE1/4

SW1/4, S 23, T35N, R10W, NMPM, 2210’ from S Section line and 1447’ from W Section line of said S

23. 3)POD3: NW1/4 NE1/4, S 26, T35N, R10W, NMPM, 50’ from N Section line and 2237’ from E

Section line of said S26. Locations may change to conform to as built locations. ii. Source: Lightner

Creek, tributary to Animas River. iii. Appropriation date: July 1, 2005. Appropriation initiated through

evaluation of Property development, water supply and water rights by Applicant’s owners and water

consultants; site visits by Applicant’s owners and consultants; meetings with City of Durango officials

regarding proposed development. iv.Amount claimed: 1.83 cfs conditional, which may be diverted

through any combination of PODs 1-3, Wells 1-3, and the Rudy Ditch. See Tables 4-6 for summary of

water demands. v. Proposed uses: domestic use for approximately 595 residences, irrigation of

approximately 31 acres (including agricultural irrigation, lawn and garden, and landscaping),

stockwatering, recreation, incidental aesthetics, incidental wildlife habitat, piscatorial uses, and filling and

refilling of approximately 4 surface acres of storage ponds for the aforementioned uses. V. New

Groundwater Rights. a. Twin Buttes Well #s 1, 2, and 3 (―the Wells‖) b. Legal Descriptions: The

locations of the Wells may change to conform to actual as built locations, and the actual locations will be

provided when Applicant files for absolute water rights. Well #1:SE1/4 SW1/4, S 23, T35N, R10W,

NMPM, 1244’ from S Section line, 2128’ from W Section line of said S 23.Well #2: NW1/4 NE1/4, S 26,

T35N, R10W, 335’ from N Section line and 1618’ from East Section line of S 26. Well #3: SW1/4

SW1/4, S 24, T35N, R10W, NMPM, 36’ from S Section line, 1211’ from W Section line of S 24. c.

Source: groundwater tributary to the Lightner Creek, tributary to Animas River. d. Depths: The Wells will

be drilled to any depth necessary to obtain a sufficient water supply. e.Date of appropriation: July 1, 2005.

Appropriation initiated through evaluation of Property development, water supply and water rights by

Applicant’s owners and water consultants; site visits by Applicant’s owners and consultants; meetings

with City of Durango officials regarding proposed development. f.Amount claimed: 1.83 cfs conditional,

which may be diverted through any combination of PODs 1-3, Wells 1-3, and the Rudy Ditch. See Tables

4-6 for summary of water demands. g.Proposed uses: domestic use for approximately 595 residences,

irrigation of approximately 31 acres (including agricultural irrigation, lawn and garden, and landscaping),

stockwatering, recreation, incidental aesthetics, incidental wildlife habitat, piscatorial uses, and filling and

refilling of approximately 4 acres of storage ponds for the aforementioned uses. h. Comments: The

combined flow rate from the various points of diversion under the new water rights will not exceed 1.83

cfs. The acreage to be irrigated under these new water rights is in addition to the acreage served under the

existing irrigation rights on the Property. VI. Water Storage Rights: a.Twin Buttes Storage Facilities.

Specific names of ponds and storage tanks will be provided when Applicant files for absolute water

rights. b.Legal description: Applicant proposes to construct one or more ponds and/or storage tanks on

the Property. More specific locations of the storage facilities will be provided once Applicant files for

absolute water rights. c. Sources: Lightner Creek, through the various points of diversion described in

this application; springs and surface flows arising on or entering the Property, roof collections systems,

Property drainage, and precipitation. d. Date of appropriation: July 1, 2005. Appropriation initiated

through evaluation of Property development, water supply and water rights by Applicant’s owners and

water consultants; site visits by Applicant’s owners and consultants; meetings with City of Durango

officials regarding proposed development. e. Amount claimed: 20 acre feet conditional, with the right to

fill and refill in priority. f. Uses: irrigation, stockwatering, recreation, incidental aesthetics, landscaping

and water features, fire protection, incidental wildlife habitat, and piscatorial uses.g. Surface area: The

combined surface area of the Twin Buttes Storage Facilities shall not exceed 4 surface acres. VII.

Landowners: Applicant; Pauls Land and Cattle Company, LLLP, 7676 Highway 145, Telluride, CO

81435; Twin Buttes Land and Cattle Company, LLC, 7676, Highway 145, Telluride, CO 81435;

Colorado Department of Transportation; 3803 N.Main Ave.Durango, CO 81301.VIII. Additional

Information. See Application. (14 pages)

07 CW 93 CONCERNING THE APPLICATION FOR WATER RIGHTS OF ATKINSON FAMILY

PARTNERSHIP, IN THE PINE RIVER DRAINAGE, IN LA PLATA COUNTY, COLORADO;

Atkinson Family Partnership, c/o Donna Atkinson, 14443 County Road 501, Bayfield, CO 81122, (970)

884-2563, c/o Nancy Agro, 101 W. 11th Street, Suite 112, Durango, Co 81301; (970) 247-1113; Ground

Water Right; Pine River Lodge Well, Permit No. 46960-F; Legal Description of Point of Diversion: The

Pine River Lodge Well is located in the NW¼NE¼ of Section 18, T36N, R6W, NMPM, 720 feet from

the North section line and 2460 feet from the East section line; Source: Ground water tributary to the Pine

River, which is tributary to Animas River; Amount: .10 cfs (approximately 45 gpm); Appropriation Date:

August 28, 1996; Use:Domestic, in-house use within up to 70 structures; irrigation of up to four (4) acres;

commercial use within two resorts and a fire station, recreational use to fill and refill an indoor pool; and

fire protection. All of the uses set forth above will occur within the Root Creek Service Area. (3 pages)

07 CW 94 CONCERNING THE APPLICATION FOR WATER RIGHTS OF ROOT CREEK WATER

ASSOCIATION, IN THE PINE RIVER DRAINAGE, IN LA PLATA COUNTY, COLORADO;

APPLICATION FOR A GROUND WATER RIGHT; Applicant: Root Creek Water Association; Root

Creek Water Users Association; c/o Donna Atkinson, 4443 County Road 501, Bayfield, CO 81122, (970)

884-2563 by: Nancy Agro, 101 W. 11th Street, Suite 112, Durango, CO 81301; Ground Water Right: Root

Creek Well, Permit No. 6220-F; Legal Description of Point of Diversion: The Root Creek Water

Association Well is located in the SE¼SW¼ of Section 7, T36N, R6W, NMPM, La Plata County,

Colorado: GPS Nothing 4141864, Easting 272673. Done in Nad 83 Datum, Zone 13; Source: Ground

water tributary to the Pine River, which is tributary to Animas River; Amount: 0.133 cfs (approximately

60 gpm); Appropriation Date: September 16, 1964; Use: Domestic, in-house use within 70 structures;

irrigation of up to four (4) acres; commercial use within two resorts and a fire station, recreational use to

fill and refill an outdoor pool; and fire protection. All of the uses set forth above will occur within the

Root Creek Service Area. (4 pages)

07CW95. I. Applicants: Robert A. Kauer Revocable Trust Dated November 19, 1999, 3232 CR 234,

Durango, CO 81301, (970) 247-7850 and Glenn T. Camarca and Sharon L. Camarca, 3551 CR 225,

Durango, CO 81301, (970) 259-1388. II. Attorney: Geoffrey M. Craig and Amy N. Huff, The Craig Law

Firm P.C., III. Type of Application: APPLICATION FOR CONDITIONAL GROUND WATER,

SURFACE WATER, AND WATER STORAGE RIGHTS, FOR A CHANGE OF WATER

RIGHTS AND FOR APPROVAL OF A PLAN OF AUGMENTATION, IN THE FLORIDA

RIVER BASIN IN LA PLATA COUNTY, COLORADO. IV. Introduction: Kauer and Camarca own

adjoining properties located in S30, T35N, R8W, NMPM. For a map of the locations see the Application.

By this Application, Kauer seeks to adjudicate three ground water rights, a direct flow surface diversion,

and a water storage right. Kauer also seeks to change 0.012 cfs of the Harris Patterson Ditch water right,

Priority F-7, and to obtain judicial approval of an augmentation plan that will allow the ground water

rights to operate without curtailment. Camarca seeks to adjudicate a ground water right, which will

operate without curtailment pursuant to the plan for augmentation set forth herein. V. Kauer Water

Rights A. Conditional Ground Water Rights - Kauer Wells No. 1, 2, and 3 (―Kauer Wells‖). I. Legal

Descriptions of Points of Diversion (see Figure 1 to the Application): The Kauer Well No. 1 will be

located on proposed Lot 1, in the SE¼NW¼ of S30, T35N, R8W, approximately 1600' from the N section

line and 1520' from the W section line of said S30. The Kauer Well No. 2 will be located on the proposed

Lot 2, in the SE¼NW¼ of S30, T35N, R8W, approximately 2030' from the N section line 1650' from the

W section line of said S30. Kauer Well No. 3. The Kauer Well No. 3 is located on the proposed Lot 3, in

the SW¼NW¼ of S30, T35N, R8W, 2050' from the N section line 4500' from the W section line of said

Section 30. The locations set forth above are approximate and may change to conform to the as-built

location of the Kauer Wells. The Kauer Well No. 3 is existing and is currently operating under an exempt

well permit, Permit No. 260035. II. Source: Ground water tributary to the Florida River. III. Amount: 15

gpm, Conditional, for each of the Kauer Wells. IV. Appropriation Date: 8-30-06, initiated through site

visits by Wright Water Engineers, survey of water rights and proposed water development, and meetings

with water engineer and water attorney. V. Use: Kauer Well No. 1:Domestic use inside 1 house and 1

guest house; irrigation, including landscapes and gardens, of 1000 sq. feet; and stock water use for 2

stock animals. Kauer Well No. 2:Domestic use inside 1 house and 1 guest house; irrigation, including

landscapes and gardens, of 500 sq. ft; and stock water use for 2 stock animals. Kauer Well No. 3:

Domestic use inside 2 houses and 1 guest house; irrigation, including landscapes and gardens, of 1000 sq.

ft; and stock water use for 12 stock animals. VI Remarks: As long as Applicant Kauer uses the Kauer

Well No. 3 in accordance with the terms and conditions in the existing exempt well permit, said well will

continue to provide exempt water under that permit. Once use of the Kauer Well No. 3 is expanded

beyond that authorized under the exempt well permit, Kauer will obtain a non-exempt permit for the well

and will augment the well in accordance with the plan of augmentation set forth herein. B.Conditional

Direct Flow Water Right - Kauer Diversion I. Legal Description of Point of Diversion: Alternate Point

No.1: A point on the Florida River located in the SW¼NW¼ of S30, T35N, R8W, NMPM, 1950' from

the N section line and 1200' from the W section line of said S 30. Alternate Point No. 2: The headgate of

the Harris Patterson Ditch, which is located at a point on the Florida River in the SE¼NW¼ of S30,

T35N, R8W, NMPM, 1960' from the N section line and 1645' from the W section line of said S 30. See

Figure 1. II.Source: Florida River. III. Amount: 0.50 cfs, Conditional. This is the total combined rate of

flow that may be diverted at either point of diversion or a combination of the two alternate points

described above. IV.Appropriation Date: 8-30-06, initiated through site visits by Wright Water Engineers,

survey of water rights and proposed water development, and meetings with water engineer and water

attorney. v. Use: Irrigation of approximately 18 acres, stock watering, piscatorial, recreation,

augmentation, incidental wildlife watering, incidental aesthetics, and the filling and refilling of ponds for

the above-listed uses. C. Water Storage Right - Lynde Pond, Kauer Enlargement I. Location: A point

located in the SW¼NW¼ of S 30, T35N, R8W, NMPM, 2007' from the N section line and 1172' from the

W section line of said S 30, see Figure 1. II. Sources: Payne Canyon; and Payne Canyon Ditch. Florida

River, by the Kauer Diversion; Florida River, by the Lynde Pond, Kauer Enlargement water right; Harris

Patterson Ditch, Priority No. F-7, as changed in this Application. III. Amount: 1.27 af, with the right to

fill and refill while in priority. IV. Appropriation Date: 8-30-06, initiated through site visits by Wright

Water Engineers, survey of water rights and proposed water development, and meetings with water

engineer and water attorney. V. Use: irrigation of approximately 18 acres, stock watering, piscatorial,

recreation, augmentation, incidental wildlife watering, and incidental aesthetics. VI. Surface Area: 0.2

acres (8670.7 sq. ft.).VII. Dam Characteristics: See Table 5 Max. Height: 10 ft, Length: 60 ft Active

Capacity: 1.03 af, Dead Storage: 0.24 af, Total Storage:1.27 af. VIII. Remarks. The Lynde Pond is an

existing structure, with an existing water right that was originally adjudicated in Case No. 01CW74,

District Court for Water Division No. 7. By this Application, Applicant Kauer seeks an additional, larger

volume water right for the Lynde Pond, and additional sources for the entire volume in the Pond. VI.

Camarca Water Rights A. Conditional Ground Water Right - Camarca Well. I. Legal Description of

Point of Diversion: A point in the NE¼SW¼ of S 30, T35N, R8W, NMPM, 1703' from the S section line

and 2242' from the W section line of said S 30, see Figure 1. The location set forth above is approximate

and may change to conform to the as-built location of the well. II.Source: Ground water tributary to the

Florida River. III. Amount: 15 gpm, Conditional. IV.Appropriation Date: 8-30-06, initiated through site

visits by Wright Water Engineers, survey of water rights and proposed water development, and meetings

with water engineer and water attorney. V. Use: Domestic use inside 1 house; irrigation, including

landscapes and gardens, of 500 sq. ft; and stock water use for 4 horses. VII. Change of Water Right. A.

Harris-Patterson Ditch I. Previous Decree: Case No. CA 1751, 11/8/1923, La Plata County District

Court. II.Decreed Point of Diversion: A point of the East bank of the Florida River in the SE¼NW¼ of S

30, T35N, R8W, NMPM, see Figure 1. III.Source: Florida River, tributary to the Animas River. IV.

Appropriation Date: 5-15-1879 V.Amount: 0.012 cfs (total decreed amount 0.25 cfs). VI. Historical

Use: The Harris-Patterson Ditch, Priority F-7, is decreed for irrigation, and incidental domestic and stock

uses as described in the Preamble to Case No. 1751. Historically, the 0.012 cfs at issue in this

Application was used to irrigate 0.73 acres of land in the W¼ of S30, T35N, R8W, NMPM, to grow

pasture grass. For a map showing the approximate location see Application. V. Proposed Change:

Applicants propose to change the 0.012 cfs so that the same may be used to augment the out-of-priority

depletions from the Kauer Wells and the Camarca Well. Applicants intend to dry up 0.73 acres of the

historically irrigated lands on the Camarca Property. See Figure 1 for proposed dry up. Engineering

calculations have determined that the pasture grass on the historically irrigated lands has enjoyed a full

water supply and has consumed 1.64 af/a. It is estimated that the 0.73 acres that will be removed from

irrigation under this change of water right will generate 1.20 af of fully consumable water annually.

Applicant will be leaving the historical return flows in the stream to maintain the historical stream

conditions, and will dry up sufficient land to ensure the F-7 water right is not expanded through the

change to the proposed uses. VIII. Plan of Augmentation. A. Structures to be Augmented: Kauer Wells

and Camarca Well. I. No other water rights divert from the Kauer Wells No. 1 and 2, or from the

Camarca Well. II. B. Water Rights Used for Augmentation. I.Harris-Patterson Ditch, Priority No. F-7, see

Paragraph 5, above. II. Kauer Diversion, see Paragraph 3.B., above. III. Lynde Pond, Kauer Enlargement,

see Paragraph 3.C., above. C.Statement of Plan for Augmentation. I. Applicant Kauer will account for

and replace all out-of-priority depletions to the Florida River that result from use of the Kauer Wells and

the Camarca Well. During the irrigation season, the out-of-priority depletions will be replaced with fully

consumable water that is attributable to the F-7 water right changed herein. Said water will be left in the

stream to replace the out-of-priority depletions in time, amount and location. The F-7 fully consumable

water that is not immediately needed to replace out-of-priority depletions during the irrigation season will

be stored in the Lynde Pond and released to the Florida River during the non-irrigation season to replace

out-of-priority depletions occurring during that time. Applicant Kauer will also store water under the

Kauer Diversion and the Lynde Pond, Kauer Enlargement, when water is available in priority for those

water rights. Said water will be used in conjunction with the stored F-7 water to replace out-of-priority

depletions during the non-irrigation season. III. This augmentation plan employs the following

assumptions: (1) In-house cu with non-evap septic systems: 0.059 af/y/house based on a diversion amount

of 350 gallons per day per home (0.39 af/yr) and 15% of the diversion amount consumptively used. (2)

Irrigation cu: 2.06 af/acre/yr, based on a diversion amount of 2.58 af/acre, and 80% of the diversion

amount consumptively used. (3) Stock animal cu: 0.017 af/animal/yr based on 15 gallons per day per

animal, and 100% of the diversion amounts consumptively used. (4)Total consumptive use: Max

depletions will be as follows: 0.47 acre-feet for in-house use inside 5 main homes and 3 guest homes

with non-evaporative type septic systems; +0.14 acre-feet for 3000 square feet of irrigation; +0.34 acre-

feet for 20 stock animals; = Total estimated depletion: 0.95 acre-feet. IV. All water delivered from the

Kauer Wells and the Camarca Well shall be metered. Applicant Kauer shall supply metering records, and

summaries of annual diversions and depletions to the Division Engineer by November 15th of each year

for the immediately preceding November 1st to October 31 period. IX. Applicants own the land on

which all the diversion and storage structures contemplated in this Application are located. X. Additional

Information. See Application. (16 pages)

07 CW 96 La Plata County. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTS. 1.

Name, Address and Telephone Number of Applicant: BP America Production Company, c/o David R.

Brown, Manager, Regulatory Affairs, 380 Airport Road, Durango, Colorado 81303, (970) 247-6800. All

pleadings should be directed to: Zach C. Miller and Steven E. Marlin, Davis Graham & Stubbs LLP,

1550 17th Street, Suite 500, Denver, CO, 80201-0185, 303-892-9400. 2. Names of Reservoirs: A. BP

South Fork Texas Creek Pond No. 1. B. BP South Fork Texas Creek Pond No. 2. 3. Legal Descriptions

of Locations of Dams: A. BP South Fork Texas Creek Pond No. 1: To be constructed in the NE 1/4 of

the SE 1/4 of Section 8, Township 35 North, Range 7 West, N.M.P.M. The center of the pond will be

located approximately 2,100 feet North of the South section line and 1,160 feet West of the East section

line of Section 8. B. BP South Fork Texas Creek Pond No. 2: To be constructed in the NE 1/4 of the SE

1/4 of Section 8, Township 35 North, Range 7 West, N.M.P.M. The center of the pond will be located

approximately 1,750 feet North of the South section line and 860 feet West of the East section line of

Section 8. 4. Name and Capacity of Ditch Used to Fill Reservoirs, and Legal Description of Point of

Diversion: Water will be diverted into the two reservoirs by and through the BP South Fork Texas Creek

Filler, the headgate for which is located on the southside of the South Fork of Texas Creek in the NW 1/4

of the SE 1/4 of Section 8, Township 35 North, Range 7 West, New Mexico Prime Meridian, at a point

located approximately 2,100 feet North of the South section line and 1,820 feet West of the East section

line of Section 8. 5. Source: The South Fork of Texas Creek, a tributary of the Los Pinos River, and

surface and groundwater tributary thereto. 6. Date and Method of Appropriation: A. BP South Fork

Texas Creek Pond No. 1: On or before December 20, 2007, by formation of intent to appropriate together

with overt acts evincing a first step toward completion of the appropriation, including but not limited to

field investigations, surveying, engineering, and posting of signs at and near the diversion point and

storage locations. B. BP South Fork Texas Creek Pond No. 2: On or before December 20, 2007, by

formation of intent to appropriate together with overt acts evincing a first step toward completion of the

appropriation, including but not limited to field investigations, surveying, engineering, and posting of

signs at and near the diversion and storage points. 7. Date Water Applied to Beneficial Use: Not

applicable. Rights are conditional. 8. Amount Claimed: A. BP South Fork Texas Creek Pond No. 1:

3.5 acre-feet, conditional, at a rate of diversion of 1.0 cubic feet per second through BP South Fork Texas

Creek Filler for filling the reservoir, with a right to refill the reservoir repeatedly. B. BP South Fork

Texas Creek Pond No. 2: 22.4 acre-feet, conditional, at a rate of diversion of 1.0 cubic feet per second

through BP South Fork Texas Creek Filler for filling the reservoir, with a right to refill the reservoir

repeatedly. 9. Proposed Uses: Stock-watering, industrial, commercial, augmentation, exchange,

piscatorial and wildlife habitat. Water diverted and stored in these reservoirs will be used in association

with livestock operations on the surrounding lands owned by Applicant and in connection with

reclamation, mitigation, dust control, replacement and other uses related to Applicant’s petroleum

exploration and production activities. BP America seeks the right to fully consume such water, whether

by direct use, storage and subsequent release, successive use, further exchange or disposition. 10.

Surface Areas of High Water Lines: A. BP South Fork Texas Creek Pond No. 1: Approximately 0.92

acres. B. BP South Fork Texas Creek Pond No. 2: Approximately 2.2 acres. 11. Maximum Heights

and Lengths of Dams: A. BP South Fork Texas Creek Pond No. 1: Approximately 8 feet in height and

650 feet in length. B. BP South Fork Texas Creek Pond No. 2: Approximately 16 feet in height and 375

feet in length. 12. Total Capacities of Reservoirs: A. BP South Fork Texas Creek Pond No. 1: 3.5

acre-feet, Total and Active Capacity of the reservoir. B. BP South Fork Texas Creek Pond No. 2: 22.4

acre-feet, Total and Active Capacity of the reservoir. 13. Names and Addresses of Owners of Land on

Which Reservoirs and Point of Diversion Will Be Located: BP America Production Company, c/o

David R. Brown, Manager, Regulatory Affairs, 380 Airport Road, Durango, Colorado 81303, (970) 247-

6800. 14. Additional Information: See Application and attachment thereto (8 pages).

07CW97; LA PLATA COUNTY, WATER DISTRICT NO. 30: 1) Applicant: TRIMBLE SPA

AND NATURAL HOT SPRINGS, LLC,; 2) Attorney: Janice C. Sheftel, Esq., Maynes, Bradford,

Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Application for Underground

Geothermal Water Rights; 4) (A) Trimble Well #1 ("T-1"): Geothermal Well Permit Application

("GWPA") filed: November 9, 2007; (i) Legal description: 688 feet from the North Section line, 378 feet

from the West Section line, in the NW1/4NW1/4, Section 15, T36N, R9W, N.M.P.M.; (ii) Source:

geothermal aquifer; (iii) Approximate Depth: 20 to 50 feet; (iv) (a) Date of Appropriation: November 9,

2007; (b) How initiated: GWPA filed; (v) Amount claimed: 22.2 c.f.s. (100 gpm), conditional; (vi) Uses:

Commercial, including but not limited to heating water for bathing, heating within buildings, bottled

water; (vii) Temperature: Approximately 118° F; (B) Trimble Well #5 ("T-5"): GWPA filed:

November 9, 2007; (i) Legal description: 653 feet from the North Section line, 382 feet from the West

Section line, in the NW1/4NW1/4, Section 15, T36N, R9W, N.M.P.M.; (ii) Source: geothermal aquifer;

(iii) Approximate Depth: 20-50 feet; (iv) (a) Date of Appropriation: November 9, 2007; (b) How

initiated: GWPA filed; (v). Amount claimed: 22.2 c.f.s. (100 gpm), conditional; (vi) Uses: Commercial,

including but not limited to heating water for bathing, heating within buildings, bottled water; (vii)

Temperature: Approximately 118° F; (C) Trimble Well #10 ("T-10"): GWPA filed: November 9,

2007; (i) Legal description: 511 feet from the North Section line, 417 feet from the West Section line, in

the NW1/4NW1/4, Section 15, T36N, R9W, N.M.P.M.; (ii) Source: geothermal aquifer; (iii)

Approximate Depth: 20 to 50 feet; (iv) (a) Date of Appropriation: November 9, 2007; (b) How initiated:

GWPA filed; (v) Amount claimed: 22.2 c.f.s. (100 gpm), conditional; (vi) Uses: Commercial, including

but not limited to heating water for bathing, heating within buildings, bottled water; (vii) Temperature:

Approximately 118° F (6 pages)

07 CW 98, CONCERNING APPLICATION FOR WATER RIGHTS OF HALL-SHUTT RANCH

VENTURE, A TEXAS GENERAL PARTNERSHIP, IN ARCHULETA COUNTY, COLORADO, by

Law Office of David Liberman, LLC ,1099 Main Ave, Suite 312, Durango, CO 81301 (970) 375-6265,

dliberman@animas.net, Registration No.: 23284. A. Application for Water Storage Rights. Name, address,

and telephone # of applicant(s): Hall-Shutt Ranch Venture, a Texas General Partnership, C/O Wallace L.

Hall, Jr., 5956 Sherry Lane, Suite 1810, Dallas, Texas 75525, (214) 891-0904.Name of Reservoir: Gale

Reservoir System (includes Gale Reservoir No. 1, Gale Reservoir No. 2, Gale Reservoir No. 3, all fed

from Spring Source 1 and Spring Source 2. 2). 3. Legal description of location of dam: All in Archuleta

County, Colorado, and all located within Section 32,Township 35 North, Range 2 East, N.M.P.M. with

references for northern most point for each dam, as follows: Gail Reservoir No. 1, located SW1/4NE1/4

and SE1/4NW1/4, 2118 feet south of the north section line and 2667 feet west of the east section line of

Section 32; Gail Reservoir No. 2, located SE1/4NW1/4, 2125 feet south of the north section line and 2018

east of the west section line of Section 32; Gail Reservoir No. 3 located in the NE1/4SW1/4 and

SE1/4NW1/4, 2227 feet south of the north section line and 1904 east of the west section line of Section 32.

If off-channel reservoir, name and capacity of ditch used to fill reservoir, and legal description of point of

diversion: All located in Archuleta County within Township 35 North, Range 2 East, N.M.P.M. Spring

Source 1, 0.5 CFS, SW1/4NE1/4, Section 32, 1756 feet south of the north section line and 2280 feet west

of the east section line of section 32; Spring Source 2, 0.5 CFS, SW1/4NE1/4, Section 32, 1835 feet south

of the north section line and 2298 feet west of the east section line of said Section 32. 4. Source: Two

springs (Spring Source 1 and Spring Source 2, both located in the northerly end of Gale Reservoir No. 1,

and tributary to the Rio Blanco river. 5. A. Date of appropriation: 1/16/01. How appropriation was

initiated: Site visit by water engineer and water rights report. Date water applied to beneficial use:

1/16/01.6. Amount claimed: A. 28.242 AF, to fill and refill reservoirs, Absolute. B. If off-channel

reservoir, rate of diversion in cfs for filling the reservoir: 1.0 cfs from Spring Source 1 and Spring Source

2, Absolute. 7. Use: Number of acres historically irrigated: 84 acres. Total number of acres proposed to

be irrigated: 84 acres. Legal description of acreage irrigated E1/2 of Section 32, Township 35 North,

Range 2 East, N.M.P.M., as shown on figure attached to application. If non-irrigation, describe purpose:

Water stored in the reservoirs not used for irrigation is currently used for piscatorial (absolute) and

recreation (absolute), and will be used for domestic (conditional), augmentation (conditional), and

exchange (conditional). 8 and 9. Surface area of high water line, Maximum height of dam in feet, length of

dam in feet, total capacity of reservoir in acre feet, active capacity, dead storage: Gail Reservoir No. 1,

dam height 8 feet., dam length 380 feet, maximum surface area 4.0 acres, dead storage 5.8 AF, active

storage 4.5 AF, total storage 10.3 AF. Gale Reservoir No. 2, dam height 6 feet, dam length 610 feet,

maximum surface area 3.1 acres, dead storage 6.9 AF, active storage 0 AF, total storage 6.9 AF. Gale

Reservoir No. 3, dam height 6.0 feet., dam length 865 feet, maximum surface area 3.2 acres, dead storage

4.3 AF, active storage 6.8 AF, total storage 11.1 AF. 10. Diversion and structures are located on land of

applicant whose name and address are as set forth above. Identify where dam is located and land within

high water line: On land of applicant, see map attached to application.11. Remarks: The Gale Reservoir

System is currently decreed for irrigation and stock water use. The purpose of this application is to add

additional uses and irrigated acreage as listed under item 7 above. B. Application for Surface Water

Rights. 1. Name, address, and telephone # of applicant(s): Hall-Shutt Ranch Venture, a Texas General

Partnership, C/O Wallace L. Hall, Jr., 5956 Sherry Lane, Suite 1810, Dallas, Texas 75525, (214) 891-

0904. 2. Name of structure: Spring Source 1 and Spring Source 2. 3. Legal description of each point of

diversion: All located in Archuleta County within Township 35 North, Range 2 East, N.M.P.M. as

follows: Spring Source 1, 0.5 cfs, SW1/4NE1/4, Section 32,1756 feet south of the north section line and

2280 feet west of the east section line of Section 32; Spring Source 2, 0.5 cfs,SW1/4NE1/4, Section 32,

1835 feet south of the north section line and 2298 feet west of the east section line of section 32. 4.

Source: Two springs (Spring Source 1 and Spring Source 2, both located in the northerly end of Gale

Reservoir No. 1, and are tributary to the Rio Blanco River. 5.A.. Date of initiation of appropriation:

1/16/01. B. How appropriation initiated: Site visit and water report by water engineer. C. Date water

applied to beneficial use: 1/16/01. 6. Amount claimed: 1.0 cfs, Absolute. 7. Use or proposed use: A.

Number of acres historically irrigated 84. The number proposed to be irrigated are 84 acres. Legal

description of acreage irrigated: E1/2 of Section 32, Township 35 North, Range 2 East, N.M.P.M., as

shown on figure attached to application. B. If non-irrigation, describe purpose: Spring Source 1 and

Spring Source 2 fill Gale Reservoir System. Water stored in the reservoirs not used for irrigation is

currently used for piscatorial (absolute) and recreation (absolute), and will be used for domestic

(conditional), augmentation (conditional), and exchange (conditional). 8. Diversion and structures are

located on land of applicant whose names and address are as set forth above. 9. Remarks: Spring Source 1

and Spring Source 2 are currently decreed for irrigation and stock water use. The purpose of this

application is to add additional uses and irrigated acreage as listed under item 7 above. (5 pages)

07CW99 Marvin & Janice Lord, PO Box 547, Pagosa Springs, CO 81147: Lord Ditch; Archuleta

County; NE1/4SW1/4, Section 19, T35N, R1W, NMPM, 4125095 feet from N and 323575 feet from E,

Northing 4125095, Easting 323575; Park Ditch Waste Water; Date of initiation of appropriation, 8/10/06;

Appropriation initiated by creating ditch and diverting water into ditch and applied to irrigate lands; Date

applied to beneficial use, 8/3/06; ½ cfs Absolute; Irrigation of Ag. lands; Application for Water Rights

(Surface) (4 pages)

07CW100 I - Applicant: GCC Energy, LLC, c/o Trent Peterson, Vice President, P.O. Box 2827,

Durango, Colorado 81302, (970) 385-4528. II - Attorney: Geoff Craig and Amy N. Huff, The Craig Law

Firm P.C., 1099 Main Avenue, Suite 300, Durango, CO 81301, (970)259-8978. III - Type of

Application: APPLICATION FOR A CHANGE OF WATER RIGHT, A GROUND WATER

RIGHT, A WATER STORAGE RIGHT, AND FOR APPROVAL OF A PLAN FOR

AUGMENTATION. IV - Drainage Basin: La Plata River Watershed, La Plata County, Colorado. V -

Introduction: GCC intends to open a coal mining facility that will mine an underground coal seam in

Section 19, T35N, R11W, and in Sections 24, 25, 26, 35, and 36 in T35N, R13W, NMPM, La Plata

County, Colorado. GCC has estimated its water demand to be approximately 12.8 acre-feet per year for

dust suppression and the domestic needs of its employees. Water used for dust control is fully consumed.

The domestic water demand for GCC’s employees is estimated to be 1.8 af/yr, with 85% of the water

being to the stream (nonevaporative septic system). To fulfill its water demand, GCC will store water

diverted pursuant to changed Hay Gulch Ditch shares and a junior water storage right in an underground

reservoir. The domestic water supply will be provided either from water stored in the underground

reservoir or from the GCC Well Field, as described below. If the domestic water is provided by the GCC

Well Field, GCC will replace any out-of-priority depletions in accordance with the plan for augmentation

described herein. VI – Change of Water Right: A- Hay Gulch Ditch: 1.Previous Decree: Case No.

807, Amended Decree, La Plata County District Court, entered on January 12, 1898. 2. Decreed point of

diversion: a point on the west bank of said La Plata River whence the quarter corner on the north line of

said Section 23, T35N, R11W, NMPM, bears South 35°55' East 1102.7 ft. 3. Source: La Plata River. 4.

Appropriation Date: February 8, 1888. 5. Decreed Amount: 10.5 cfs (total decreed amount). GCC seeks

to change that portion of the Hay Gulch Ditch water right owned by Huntington Ranches, LLC,

(―Huntington‖) necessary to provide up to an annual average of 15 af of consumptive use water. 6.

Decreed uses: Irrigation. 7. Historical use: The water diverted pursuant to the Hay Gulch Ditch water

right described herein is allocated to shareholders in the Hay Gulch Ditch Company (―Ditch Company‖).

Huntington owns a total of 63 shares, which have historically been used to irrigate 275 acres. A copy of a

summary of DWR’s diversion records is attached to the Application A. 8. Description of Proposed

Change: a) GCC seeks to change as many Class A Shares in the Ditch Company as necessary to yield up

to an annual average of 15 af of fully consumable water. GCC will enter into a water lease with

Huntington before a decree is entered. b) Engineering estimations indicate that approximately 12 acres of

land will have to be dried up to yield an annual average of 15 acre feet of fully consumable water. The

lands that Huntington proposes to dry up in accordance with this change of water right are shown on

Exhibit B attached to the Application. c) Additional Uses and Places of Use: (1) New Uses: Storage,

commercial, industrial, domestic, augmentation, and exchange. (2) New Places of Use: GCC’s mining

facility, as described above. d) the water right changed will retain its existing decreed use and place of

use so Huntington can resume using said water right for the irrigation of the historical lands. e) Once the

change requested herein is decreed, the water right at issue will continue to be diverted at the headgate of

the Hay Gulch Ditch and carried in said ditch to: (1) one of the historical Huntington turnouts; (2) a new

point of delivery on the ditch; or (3) an alluvial well(s) located within 100 feet from the Hay Gulch Ditch.

From any of the above points, the consumptive use amount available to GCC will be routed to the

underground reservoir, as described in Paragraph 5.1.5., below. GCC will divert only the consumptive

use amount that would have occurred on the land removed from irrigation, based on a percentage of the

actual diversions of the Hay Gulch Ditch, as measured at the headgate. The historical return flows will be

carried in the Hay Gulch Ditch to the historical place of use and discharged into the existing waste ditch,

which delivers water to the Hay Gulch drainage. Accounting will be done on a monthly basis. f) Phased

Dry-Up: GCC anticipates that it will initially require an annual average of approximately 11.27 af of

fully consumable water for its operations. Huntington will initially dry-up the amount of acres necessary

to yield the 11.27 af of fully consumable water. If and when GCC requires additional water for its

operations, more lands will be removed from irrigation. g) Dry-up Covenant: The acres historically

irrigated with Huntington’s Class A shares that will be removed from irrigation pursuant to this change of

water right will be subject to a dry-up covenant. h) Administration: To yield an annual average of 11.27 af

of fully consumable water, GCC estimates that Huntington will need to dry up 9.5 acres, or 3.5% of

Huntington’s total irrigated acreage. It is assumed that only 50% of the water diverted at the headgate of

the Hay Gulch Ditch is consumptively used by the crops. The 9.5 acres consumptively use 0.64% of the

total senior 1888 priority. With a full water supply, the annual crop consumptive use on the 9.5 acres is

1.54 af/ac, for a total of 14.6 af. When 0.64% of the total headgate diversion exceeds the monthly crop

consumptive use, GCC will divert only the crop consumptive use. Conversely, when the 0.64% of the

headgate diversion is less than then crop consumptive use, GCC will divert only 0.64% of the headgate

diversion. To the extent that the water changed herein to supply its domestic water needs, GCC will

account for and use the fully consumable return flows from said use either by diverting the same by

exchange or by applying said return flows to GCC’s historical return flow obligations for the lands

removed from irrigation. In either a case, GCC’s allowable diversions will be increased in proportion to

the amount of fully consumable water that GCC is returning to the stream. VII – Conditional Ground

Water Right: A - GCC Well Field: 1. Location and Description: The GCC Well Field will be

comprised of up to three ground water wells located on the real property leased by GCC, within the SW¼

of Section 36, T35N, R13W, NMPM. 2. Source: Ground water tributary to Hay Gulch, tributary to the La

Plata River. 3. Amount: 30 gallons per minute, Conditional. This amount is the combined total rate of

flow. 4. Uses: Industrial, commercial, domestic, and augmentation, including the right to store water for

subsequent use for the above-identified uses. 5. Appropriation Date: May 23, 2007, On said date,

representatives of GCC met with a water engineer at the new mine location and discussed obtaining a

water supply for the mine’s operations. 6. GCC will divert the GCC Well Field ground water right when

in priority or it may also divert said right out of priority when replacing the out-of-priority depletions in

accordance with the Plan for Augmentation set forth below. If the GCC Well Field is within 100 feet

from Hay Gulch, GCC may also use it as an alternate point of diversion for the changed Hay Gulch Ditch

water described above. VIII – Conditional Water Storage Right: A – GCC Water Storage Right: 1.

Sources: La Plata River, via the Hay Gulch Ditch; Consumptive use amount of the Hay Gulch Ditch

shares, as changed in accordance with paragraph above; GCC Well Field, as described above. 2. Amount:

20 acre-feet, conditional, plus ditch loss from the headgate of the Hay Gulch Ditch to the point of

delivery, for the junior water storage right from the La Plata River. The 20 acre-feet is in addition to the

amount of water that may be stored pursuant to the change of water right set forth in Paragraph 3, above.

3. Uses: Industrial, commercial, domestic, and augmentation. GCC requests the right to use, reuse, and

successively use to extinction all water stored pursuant to the GCC Water Storage Right. 4.

Appropriation Date: May 23, 2007. On said date, representatives of GCC met with a water engineer at the

new mine location and discussed obtaining a water supply for the mine’s operations. 5. Location and

Description of Storage Facility: The underground reservoir will be located in the NW¼ of Section 36,

T35N, R13W, NMPM. GCC use the underground reservoir to store water diverted pursuant to the GCC

Well Field. GCC has installed a 100,000 gallon water storage tank on the property that it will use to

measure the inflow to the underground reservoir and the outflow from the underground reservoir. All

water diverted into the underground reservoir will be routed through the water storage tank and metered.

The amount of water withdrawn from the underground reservoir will not exceed the amount of water

stored in said reservoir. The underground reservoir will be constructed by mining the coal from the

proposed underground reservoir site and, as necessary, sealing portions of underground cavity with an

impermeable barrier to prevent ground water from seeping into the cavity and to prevent water stored in

the reservoir from seeping out into the ground water. IX – Augmentation Plan: A - Description of Plan:

GCC will replace the out-of-priority depletions that result from out-of-priority diversions from the GCC

Well Field in time, amount, and location by either discharging water from the underground reservoir, as

described above, into Hay Gulch, or by leaving fully consumable water to which GCC is legally entitled

in Hay Gulch. Said fully consumable water may be attributable either to the Hay Gulch water right

changed herein, or to water diverted in priority under the GCC Water Storage Right, as described above.

B - Augmented Structures: GCC Well Field, as described above. There are other water rights that

might divert from the GCC Well Field, see above. C - Replacement Water Supply: 1. Consumptive use

water associated with the Hay Gulch Ditch water right, as changed in accordance with paragraph, above.

2. Fully consumable water diverted pursuant to the GCC Water Storage Right, as described above. D –

Depletions: The water diverted out-of-priority by the GCC Well Field will be used for commercial and

domestic purposes. The mine’s domestic demand is estimated to be 1.80 acre-feet a year, which is

assumed to be 15% consumptive, due to GCC’s utilization of a nonevaporative sewage disposal system.

GCC’s domestic depletion will be 0.27 acre-feet a year. GCC will meter and account for all of the water

diverted and applied to commercial domestic use and will replace 15% of the water that is withdrawn and

applied to domestic uses. E – Remarks: In the event that the wells drilled pursuant to the GCC Well

Field ground water right are unable to produce at the rate of flow necessary to supply the proposed uses,

GCC will provide water for said uses by withdrawing water from the underground reservoir, as stored

pursuant to the change of water right sought herein or to the GCC Water Storage Right. In such case, the

augmentation plan will not be necessary. X - Names and addresses of land owners: A - Huntington

Ranches, LLC, a Colorado Partnership, c/o Lawrence and Dan Huntington, 8796 CR 120, Hesperus, CO

81326, (970) 749-8612. B - State of Colorado, Colorado State Land Board, South District, c/o Kit Page

and Laura Gomez, 305 Murphy Drive, Suite A, Alamosa, CO 81101, (719) 589-2360. XI -Additional

Information: See Application. (13 pages)

07CW101 APPLICATION FOR WATER RIGHTS (SURFACE)1. Name, address, telephone

number(s) (residence and business of applicant(s)): USDA Forest Service San Juan National Forest, 15

Burnett Court, Durango, CO 81301, (970) 385-1232. Please direct all correspondence to James DuBois,

Esq., U.S. Department of Justice Environment and Natural Resources Division, 1961 Stout Street, 8th

Floor, Denver, CO 80294. 2. Names of structures: A. Berri Spring; B. Burnt Snag Spring; C. Coyote

Basin Spring; D. Deer Spring; E. Doe Spring; F. Dribble Spring; G. Indian West Spring; H. Lion Spring;

I. Lost Spring; J. Patton Spring; K. Sandia Spring; L. Seep Spring; M. Wilson Creek Spring. 3. Legal

description of each point of diversion (a location map of the points of diversion is attached hereto as

Exhibit A): A. Berri Spring, Location: La Plata County, NE 1/4 of the NE 1/4 Section 21 Township

37N Range 6W, P.M. New Mexico. Distance from section lines: 273 feet from north and 102 feet from

east. B. Burnt Snag Spring, Location: La Plata County, SW 1/4 of the SE 1/4 Section 2 Township 36N

Range 6W, P.M. New Mexico. Distance from section lines: 102 feet from south and 2586 feet from east.

Northing 4143286 Easting 278984 UTM, NAD83, Zone 13. C. Coyote Basin Spring, Location:

Hinsdale, SE 1/4 of the NE 1/4 Section 30 Township 37N Range 5W P.M. New Mexico, Distance from

section lines: 1664 feet from north and 864 feet from east. Northing 4147370 Easting 282192 UTM,

NAD83, Zone 13. D. Deer Spring , Location: Hinsdale, NW 1/4 of the SE 1/4 Section 31 Township

37N Range 5W, P.M. New Mexico. Distance from section lines: 2089 feet from south and 2369 feet

from east. E. Doe Spring, Location La Plata County, SW 1/4 of the SW 1/4 Section 7 Township 36N

Range 5W, P.M. New Mexico, Distance from section lines: 610 feet from south and 1141 feet from west.

Northing 4141662 Easting 281697 UTM, NAD83, Zone 13. F. Dribble Spring, Location La Plata

County, NE 1/4 of the NW 1/4 Section 22 Township 36N Range 6W, P.M New Mexico. Distance from

section lines: 1491 feet from north and 1260 feet from west. G. Indian West Spring, Location La Plata

County, SW 1/4 of the NW 1/4 Section 24 Township 36N Range 6W. P.M. New Mexico. Distance from

section lines: 2555 feet from north and 1328 feet from west. H. Lion Spring, Location: La Plata County,

NE 1/4 of the NE 1/4 Section 23 Township 36N Range 6W, P.M. New Mexico. Distance from section

lines: 209 feet from north and 1344 feet from east. I. Lost Spring, Location: La Plata County, NW 1/4

of the NE 1/4 Section 1 Township 36N Range 7W, P.M. New Mexico. Distance from section lines: 235

feet from north and 1718 feet from east. Northing 4144800 Easting 271392 UTM, NAD83, Zone 13. J.

Patton Spring, Location: La Plata County, SE 1/4 of the SE 1/4 Section 19 Township 36N Range 6W,

P.M. New Mexico. Distance from section lines: 519 feet from south and 342 feet from east. Northing

4138763 Easting 273073 UTM, NAD83, Zone 13. K. Sandia Spring, Location: La Plata County, NE

1/4 of the NE 1/4 Section 22 Township 37N Range 7W, P.M. New Mexico. Distance from section lines:

994 feet from north and 96 feet from east. L. Seep Spring, Location: La Plata County, NW 1/4 of the

NE 1/4 Section 28 Township 37N Range 6W, P.M. New Mexico. Distance from section lines: 78 feet

from north and 2474 feet from east. Northing 4148032 Easting 275283 UTM, NAD83, Zone 13. M.

Wilson Creek Spring. Location: La Plata County, NE 1/4 of the SW 1/4 Section 21 Township 36N

Range 6W, P,M, New Mexico. Distance from section lines: 2476 feet from south and 2090 feet from

west. 4. Source: (tributary and river): A. Berri Spring: Berri Spring is a tributary to Berri Creek,

tributary to Vallecito Creek, tributary to the Los Pinos River. B. Burnt Snag Spring: Burnt Snag Spring

is tributary to East Creek, tributary to the Los Pinos River. Water from the spring sinks and does not

contribute to surface flow. C. Coyote Basin Spring: Coyote Basin Spring is tributary to an unnamed

drainage, tributary to the Los Pinos River. Water from the spring sinks and does not contribute to surface

flow. D. Deer Spring: Deer Spring is tributary to an East Creek, tributary to the Los Pinos River. E.

Doe Spring: Doe Spring is tributary to an unnamed drainage, tributary to Lion Creek tributary to the Los

Pinos River. Water from the spring sinks and does not contribute to surface flow. F. Dribble Spring:

Dribble Spring is tributary to an unnamed drainage, tributary to Graham Creek, tributary to the Los Pinos

River. G. Indian West Spring: Indian West Spring is tributary an unnamed drainage, tributary to Lion

Creek, tributary to the Los Pinos River. H. Lion Spring: Lion Spring is tributary to Lion Creek,

tributary to the Los Pinos River. I. Lost Spring: Lost Spring is tributary to unnamed drainage, tributary

to Freeman Creek, tributary to the Los Pinos River. Water from the spring sinks and does not contribute

to surface flow. J. Patton Spring: Patton Spring is tributary to Patton Canyon, tributary to the Los Pinos

River. Water from the spring sinks and does not contribute to surface flow. K. Sandia Spring: Sandia

Spring is tributary to an unnamed drainage, tributary to Grimes Creek, tributary to the Los Pinos River.

L. Seep Spring: Seep Spring is tributary to an unnamed drainage, tributary to Berri Creek, tributary to

Vallecito Creek, tributary to the Los Pinos River. Water from the spring sinks and does not contribute to

surface flow. M. Wilson Creek Spring: Wilson Creek Spring is tributary to an unnamed drainage,

tributary to Wilson Creek, tributary to the Los Pinos River. 5. Date of appropriation, means of

appropriation, date water applied to beneficial use: How Appropriation was Initiated: Livestock

watering pursuant to Forest Service permit. Berri Spring, Date of Initial Appropriation, February 19,

1935, Date Water First Applied to Beneficial Use, February 19, 1935; Burnt Snag Spring, Date of Initial

Appropriation, June 1, 1942, Date Water First Applied to Beneficial Use, June 1, 1942; Coyote Basin

Spring, Date of Initial Appropriation, February 19, 1935, Date Water First Applied to Beneficial Use,

February 19, 1935; Deer Spring Date of Initial Appropriation, February 19, 1935, Date Water First

Applied to Beneficial Use, February 19, 1935; Doe Spring, Date of Initial Appropriation, June 1, 1942,

Date Water First Applied to Beneficial Use, June 1, 1942; Dribble Spring, Date of Initial Appropriation,

May 16, 1942, Date Water First Applied to Beneficial Use, May 16, 1942; Indian West Spring, Date of

Initial Appropriation, June 1, 1942, Date Water First Applied to Beneficial Use, June 1, 1942; Lion

Spring, Date of Initial Appropriation, June 1, 1942, Date Water First Applied to Beneficial Use, June 1,

1942; Lost Spring, Date of Initial Appropriation, February 19, 1935, Date Water First Applied to

Beneficial Use, February 19, 1935; Patton Spring, Date of Initial Appropriation, May 16, 1942, Date

Water First Applied to Beneficial Use, May 16, 1942; Sandia Spring, Date of Initial Appropriation, July

16, 1942, Date Water First Applied to Beneficial Use, July 16, 1942; Seep Spring, Date of Initial

Appropriation, February 19, 1935, Date Water First Applied to Beneficial Use, February 19, 1935;

Wilson Creek Spring, Date of Initial Appropriation, May 16, 1942, Date Water First Applied to

Beneficial Use, May 16, 1942. 6. Amount claimed: Berri Spring: 0.002 c.f.s. ABSOLUTE; B. Burnt

Snag Spring: 0.002 c.f.s. ABSOLUTE; C. Coyote Basin Spring: 0.003 c.f.s. ABSOLUTE; D. Deer

Spring: 0.002 c.f.s. ABSOLUTE; E.Doe Spring 0.002 c.f.s. ABSOLUTE; F. Dribble Spring: 0.002

c.f.s. ABSOLUTE; G. Indian West Spring: 0.002 c.f.s. ABSOLUTE; H. Lion Spring: 0.002 c.f.s.

ABSOLUTE; I. Lost Spring: 0.002 c.f.s. ABSOLUTE; J. Patton Spring: 0.002 c.f.s. ABSOLUTE; K.

Sandia Spring: 0.002 c.f.s. ABSOLUTE; L. Seep Spring: 0.006 c.f.s. ABSOLUTE; M. Wilson Creek

Spring: 0.002 c.f.s. ABSOLUTE. 7. Use or proposed use: The use for all sources is stockwater and

wildlife. 8. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any

new diversion or storage structure, or modification to any existing diversion or storage structure is

or will be constructed or upon which water is or will be stored, including any modification to the

existing storage pool: United States of America, San Juan National Forest, United States Department of

Agriculture, 15 Burnett Court, Durango, CO 81301. (10 pages)

07CW102; LA PLATA COUNTY, WATER DISTRICT NO. 30: 1) Applicant: PAUL

FIDANQUE; 2) Attorney: Janice C. Sheftel, Esq., Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box

2717, Durango, CO 81302; 3) Application to Make Absolute or, in the Alternative, for a Finding of

Reasonable Diligence; 4) Name of Structure: I. Fidanque Pump; A. Original Decree: i. Date:

December 5, 2001; ii. Case No.: 99CW56; iii. District Court, Water Division 7; B. Location: T34N,

R9W, N.M.P.M., 2,600 ft. from the West section line and 550 ft. from the South section line of Section

8U; C. Source: Animas River; D. Appropriation Date: August 15, 1999; E. Amount: 1.0 c.f.s.,

Conditional; F. Use: Irrigation of ten (10) acres, wetlands, wildlife habitat, fire fighting and storage for

the same in Fidanque Pond; II. Fidanque Pond; A. Original Decree: i. Date: December 5, 2001; ii. Case

No.: 99CW56; iii. Court: District Court, Water Division 7; B. Location: In an area dedicated as Open

Space, 300 feet from the West section line and 950 feet from the South section line of Section 8U, T34N,

R8W, N.M.P.M.; C. Feeder Source: i. Fidanque Pump; ii. Feeder Pump Rate: 1.0 c.f.s.; D. Type of Use:

Wetlands, wildlife habitat and fire fighting; E. Appropriation Date: August 15, 1999; F. Amount of

Water: 3.44 AF Conditional, with one (1) refill (A refill is a complete refill of the Pond. If a portion of

the Pond is refilled, it counts toward the refill at issue.); 4. Actions: Starting in May of 2002, until about

the end of October, and every year since, the Fidanque Pond has been filled on a weekly basis for about

eight to ten hours, through the Fidanque Pump. The Pond was used for fire mitigation by the Deer Island

Homeowners' Association from July through September of 2003, 2004 and 2005. The Pond has also been

used for irrigation of almost seven acres, generally of trees, on Applicant's property, now the property of

Applicant and others, including irrigation of about 0.5 Acres of wetlands near Fidanque Pump, adjacent to

the Animas River. Annually, the Durango Fire and Rescue Authority tests the area of Fidanque Pond

from which the Department may pump water from the Fidanque Pond for firefighting. Applicant,

therefore, requests that the Fidanque Pump and Pond water rights be made absolute for fire

mitigation/firefighting, wildlife, wetlands and irrigation of 7 acres, and that these rights be granted a

finding of reasonable diligence for the irrigation of three additional acres. (4 pages)

07CW103. IN ARCHULETA COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS,

CHANGE OF WATER RIGHTS, AND APPROVAL OF PLAN FOR AUGMENTATION. CONCERNING THE APPLICATION FOR WATER RIGHTS OF SQUARETOP RANCH LAND LIMITED PARTNERSHIP, IN ARCHULETA COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 7, STATE OF COLORADO, 1060 2

nd Avenue, P.O. Box 3340, Durango, CO 81302. 1.

Name and Address of Applicant: Squaretop Ranch Land Limited Partnership, c/o Bart Cook, Ranch Manager, 976 Carino Place, Pagosa Springs, CO 81147. Direct all pleadings to: Steven J. Bushong, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 2.

Introduction. Applicant owns and operates the Squaretop Ranch on approximately 1700 acres located in Archuleta County, Colorado (referred to herein as the ―Ranch‖). The Ranch is located in parts of Sections 28, 29, 32, 33 and 34 in Township 35 North, Range 1 East, N.M.P.M., and parts of Sections 3, 4 and 5 Township 34 North, Range 1 East, N.M.P.M., as generally depicted in Exhibit A attached hereto. By this application, Applicant seeks surface water rights, storage rights and groundwater rights associated with a planned development of approximately 240 units on the Ranch; a change of water rights to allow for dry up credit under existing senior rights used on the Ranch; and approval of a plan for augmentation. All structures subject to this Application are depicted in Exhibit A. I. APPLICATION FOR UNDERGROUND WATER RIGHTS. 3. Name of Structures: A. SquareTop Well Field No. 1. B. SquareTop Well Field No. 2. C. SquareTop Well Field No. 3. D. SquareTop Well Field No. 4. 4. Legal Description of Structures. SquareTop Well Field Nos. 1 – 4 (referred to herein as the ―Well Fields‖) will be located entirely on the Ranch and are areas likely to provide adequate groundwater sources to supply the development. Wells will be drilled within the Well Fields as deemed necessary to provide for the development’s water supply. The Well Fields are located as follows: A. SquareTop Well Field No. 1. This well field is approximately 13.70 acres located in the NE ¼ NW ¼ and NW ¼ NE ¼ and SW ¼ NE ¼ of Section 34, T35N, R1E, as depicted in the attached map. Wells may be located and withdraw ground water anywhere within the well field, subject to the limitations contained herein. B. SquareTop Well Field No. 2. This well field is approximately 12.60 acres located in the NE ¼ NE ¼ and SE ¼ NE ¼ of Section 5 and the NW ¼ NW ¼ of Section 4, T34N, R1E, as depicted in the attached map. Wells may be located and withdraw ground water anywhere within the well field, subject to the limitations contained herein. C. SquareTop Well Field No. 3. This well field is approximately 9.00 acres located in SW ¼ NW ¼ of Section 34, T35N, R1E, as depicted in the attached map. Wells may be located and withdraw ground water anywhere within the well field, subject to the limitations contained herein. An existing well within this well field is located at a point 2,462 feet from the North line and 690 feet from the West line of said Section 34, under well permit no. 267015. D. SquareTop Well Field No. 4. This well field is approximately 20.10 acres located in the SW ¼ SE ¼ and NW ¼ SE ¼ of Section 28, T35N, R1E, as depicted in the attached map. Wells may be located and withdraw ground water anywhere within the well field, subject to the limitations contained herein. The location of the Well Fields may be modified during well drilling, but shall be located entirely on the Ranch. Consistent with State Engineer Policy Memorandum 99-1, the specific points of diversion for individual wells that will make up the Well Fields will be identified when the rights are made absolute and/or in any decree resulting from this application to the extent wells are already drilled at that time. Applicant waives the 600 foot spacing rule as described in C.R.S. §37-90-137(2) for any wells that make up the Well Fields and any other wells that may be located on the Ranch. 5. Source and Depth for Well Fields. A. Source: The source for the Well Fields is groundwater tributary to Sheep Cabin Creek, tributary to the Rito Blanco, tributary to the Rio Blanco, tributary to the San Juan River. B. Depth: The depth of individual wells that will constitute the Well Fields will be based upon conditions encountered in drilling, but anticipated depth of the wells based upon initial investigations is less than 600 feet. The specific depth will be identified when the wells are made absolute. 6. Date of Appropriation for Well Fields: November 30, 2005, for the Well Fields described in this Section I, based upon the intent to appropriate and actions consistent with that intent including, but not limited to, placing the land under contract, completing field work, engineering, survey and other investigations included in this Water Court application. 7. Amounts Claimed: Total cumulative diversion rate not to exceed 250 gpm, conditional, for all wells that make up the Well Fields, including the existing permitted well (well permit no. 267015). The precise flow rate for each well will depend upon information collected when the wells are drilled. The total capacity of all wells may exceed 250 gpm. 8. Beneficial Uses: Domestic, commercial, municipal, irrigation, stock watering and equestrian use, piscatorial, decorative water features, aesthetic, wildlife, fire protection, construction, augmentation and exchange, and all other beneficial uses associated with a development on the Ranch. Irrigation under the Well Fields is limited to the Ranch property shown in Exhibit A hereto and will include lawns, gardens and landscaping located on lots that will be established on the Ranch, as well as any open space and/or common area irrigation on the Ranch not irrigated by other water rights. The Well Fields may also be used to fill or refill the Ponds and Lakes described in paragraph 18, below, in which case the water will be put to the beneficial uses described at paragraph 22, below. The Well

Fields will be part of an interconnected potable system for the Ranch development and will supply raw water for some uses. 9. Name and Address of the Owner of Land on Which the Structures are Located: SquareTop Ranch Land Limited Partnership, see paragraph 1, above. II. APPLICATION FOR SURFACE RIGHTS. 10. Name of Structures. A. SquareTop Water Supply Diversion No. 1. B. SquareTop Water Supply Diversion No. 2. C. SquareTop Water Supply Diversion No. 3. D. SquareTop Reflection Diversion. E. Sig Brown Ditch Enlargement. F. Sheep Cabin Ditch Second Enlargement. 11. Legal Description of Surface Diversions. The above-listed structures are collectively referred to herein as the ―Surface Diversions‖ and are located as follows: A. SquareTop Water Supply Diversion No. 1. Located on a tributary of Sheep Cabin Creek (referred to as the Middle Fork of Sheep Cabin Creek) in the NE ¼ NW ¼ of Section 34, T35N, R1E, at a point approximately 605 feet from the North line and 2,083 feet from the West line of said Section. B. SquareTop Water Supply Diversion No. 2. Located on Sheep Cabin Creek in the SE ¼ NE ¼ of Section 5, T34N, R1E, at a point approximately 1,552 feet from the North line and 673 feet from the East line of said Section. C. SquareTop Water Supply Diversion No. 3. Located on a tributary of Sheep Cabin Creek (referred to as the South Fork of Sheep Cabin Creek) in the NE ¼ NW ¼ of Section 3, T34N, R1E, at a point approximately 1,049 feet from the North line and 2,337 feet from the West line of said Section. D. SquareTop Reflection Diversion. Located on the Middle Fork of Sheep Cabin Creek in the NW ¼ NW ¼ of Section 4, T34N, R1E, at a point approximately 364 feet from the North line and 500 feet from the West line of said Section. E. Sig Brown Ditch Enlargement. The Sig Brown Ditch Enlargement diverts at the original Sig Brown Ditch headgate, at the corrected legal description described at paragraph 30, below. F. Sheep Cabin Ditch Second Enlargement. The Sheep Cabin Ditch Second Enlargement diverts at the original headgate for the Sheep Cabin Ditch and Enlargement, described at paragraph 27.A, below. 12. Source. Each Surface Diversion structure will divert surface and near surface flows from the following sources: A. SquareTop Water Supply Diversion No. 1: Middle Fork of Sheep Cabin Creek. B. SquareTop Water Supply Diversion No. 2: Middle Fork of Sheep Cabin Creek. C. SquareTop Water Supply Diversion No. 3: South Fork of Sheep Cabin Creek. D. SquareTop Reflection Diversion: Middle Fork of Sheep Cabin Creek. E. Sig Brown Ditch Enlargement: Middle Fork of Sheep Cabin Creek. F. Sheep Cabin Ditch Second Enlargement: South Fork of Sheep Cabin Creek. The above sources are all tributary to Sheep Cabin Creek, tributary to the Rito Blanco, tributary to the Rio Blanco, tributary to the San Juan River. 13. Date of Appropriation: November 30, 2005, for the Surface Diversion water rights described in this Section II, based upon the intent to appropriate and actions consistent with that intent including, but not limited to, placing the land under contract, completing field work, engineering, survey and other investigations included in this Water Court application. 14. Amounts Claimed. A. SquareTop Water Supply Diversion No. 1: 0.5 cfs (conditional). B. SquareTop Water Supply Diversion No. 2: 0.5 cfs (conditional). C. SquareTop Water Supply Diversion No. 3: 0.75 cfs (conditional). D. SquareTop Reflection Diversion: 1.0 cfs (conditional). E. Sig Brown Ditch Enlargement: 3.0 cfs (conditional), in addition to the senior water rights decreed to the Sig Brown Ditch, described at paragraph 27.B, below, F. Sheep Cabin Ditch Second Enlargement: 3.0 cfs (conditional), in addition to the senior water rights decreed to the Sheep Cabin Ditch and Enlargement, described at paragraph 27.A, below. 15. Beneficial Uses. A. SquareTop Water Supply Diversion Nos. 1 – 3: Squaretop Water Supply Diversion Nos. 1, 2 and 3 will fill, refill and provide flow-through water to the Squaretop Water Supply Pond Nos. 1, 2 and 3, respectively, as those structures are described in paragraphs 18.A – 18.C, below, for the subsequent beneficial uses identified in paragraph 22.A, below. B. SquareTop Reflection Diversion: SquareTop Reflection Diversion will fill, refill and provide flow-through water to the SquareTop Reflection Pond and SquareTop Lake No. 1, as those structures are described in paragraphs 18.D and 18.E, below, for the subsequent beneficial uses identified in paragraph 22.B, below. C. Sig Brown Ditch Enlargement: Sig Brown Ditch Enlargement will fill, refill and provide flow-through water to SquareTop Lake Nos. 7-9, as those structures are described in paragraphs 18.K – 18.M, below, for the subsequent beneficial uses identified in paragraph 22.B, below. D. Sheep Cabin Ditch Second Enlargement: Sheep Cabin Ditch Second Enlargement will fill, refill and provide flow-through water to SquareTop Lake Nos. 2-6, as those structures are described in paragraphs 18.F – 18.J, below, for the subsequent beneficial uses identified in paragraph 22.B below. 16. Name and Address of the Owner of Land on Which the Surface Diversion Structures are Located: With the exception of Sheep Cabin Ditch Second Enlargement, the Surface Diversion Structures are

located entirely on the Ranch owned by SquareTop Ranch Land Limited Partnership, see paragraph 1, above. The existing headgate and a portion of the ditch for the Sheep Cabin Ditch Second Enlargement is located on land owned by Charles L. Regester, P.O. Box 44331, Phoenix, Arizona 85064, and the rest of the ditch is on the Ranch. The Sig Brown Ditch Enlargement is exclusively on the Ranch, although a lower portion of the original Sig Brown Ditch is on Forest Service lands and is unaffected by this enlargement. III. APPLICATION FOR STORAGE RIGHTS. 17. Name of Structures. A. SquareTop Water Supply Pond No. 1. B. SquareTop Water Supply Pond No. 2. C. SquareTop Water Supply Pond No. 3. D. SquareTop Reflection Pond. E. SquareTop Lake No. 1. F. SquareTop Lake No. 2. G. SquareTop Lake No. 3. H. SquareTop Lake No. 4. I. SquareTop Lake No. 5. J. SquareTop Lake No. 6. K. SquareTop Lake No. 7. L. SquareTop Lake No. 8. M. SquareTop Lake No. 9. N. SquareTop Lake No. 10. O. SquareTop Lake No. 11. 18. Legal Description of Structures. The above-listed structures (referred to collectively as the ―Ponds and Lakes‖) will be located on the Ranch as more specifically described below and as generally depicted on the attached map: A. SquareTop Water Supply Pond No. 1. The pond will be constructed in the NE ¼ NW ¼ of Section 34, T35N, R1E, at a point approximately 1,287 feet from the North section line and 2,183 feet from the West section line of said section. B. SquareTop Water Supply Pond No. 2. The pond will be constructed in the SE ¼ NE ¼ of Section 5, T34N, R1E, at a point approximately 1,788 feet from the North section line and 850 feet from the East section line of said section. C. SquareTop Water Supply Pond No. 3. The pond will be constructed in the SE ¼ NW ¼ of Section 3, T34N, R1E, at a point approximately 1,454 feet from the North section line and 1,898 feet from the West section line of said section. D. SquareTop Reflection Pond. The pond will be constructed in the NW ¼ NW ¼ of Section 4, T34N, R1E, at a point approximately 409 feet from the North section line and 109 feet from the West section line of said section. E. SquareTop Lake No. 1. The pond will be constructed in the NE ¼ NE ¼ of Section 5, T34N, R1E, at a point approximately 976 feet from the North section line and 156 feet from the East section line of said section. F. SquareTop Lake No. 2. The pond will be constructed in the SE ¼ SE ¼ of Section 33, T35N, R1E, at a point approximately 529 feet from the South section line and 1,183 feet from the East section line of said section. G. SquareTop Lake No. 3. The pond will be constructed in the NE ¼ SE ¼ of Section 33, T35N, R1E, at a point approximately 1,567 feet from the South section line and 374 feet from the East section line of said section. H. SquareTop Lake No. 4. The pond will be constructed in the NE ¼ SE ¼ of Section 33, T35N, R1E, at a point approximately 2,074 feet from the South section line and 25 feet from the East section line of said section. I. SquareTop Lake No. 5. The pond will be constructed in the NW ¼ SW ¼ of Section 34, T35N, R1E, at a point approximately 2,346 feet from the South section line and 325 feet from the West section line of said section. J. SquareTop Lake No. 6. The pond will be constructed in the SW ¼ NW ¼ of Section 34, T35N, R1E, at a point approximately 2,647 feet from the South section line and 542 feet from the West section line of said section. K. SquareTop Lake No. 7. The pond will be constructed in the SW ¼ NE ¼ of Section 33, T35N, R1E, at a point approximately 2,121 feet from the North section line and 1,787 feet from the East section line of said section. L. SquareTop Lake No. 8. The pond will be constructed in the SW ¼ NE ¼ of Section 33, T35N, R1E, at a point approximately 1,900 feet from the North section line and 1,308 feet from the East section line of said section. M. SquareTop Lake No. 9. The pond will be constructed in the SE ¼ NE ¼ of Section 33, T35N, R1E, at a point approximately 1,857 feet from the North section line and 1,137 feet from the East section line of said section. N. SquareTop Lake No. 10. The pond will be constructed in the NE ¼ NW ¼ of Section 33, T35N, R1E, at a point approximately 65 feet from the North section line and 1,754 feet from the West section line of said section. O. SquareTop Lake No. 11. The pond will be constructed in the SW ¼ SE ¼ of Section 28, T35N, R1E, at a point approximately 1,144 feet from the South section line and 1,682 feet from the East section line of said section. All Ponds and Lakes will be located on the Ranch. The specific legal descriptions of the Ponds and Lakes may be adjusted in the field during construction and, if so, will be corrected when the rights are made absolute and/or in any decree resulting from this application to the extent the Ponds and Lakes are already constructed at that time. 19. Source. A. SquareTop Water Supply Pond No. 1: SquareTop Water Supply Diversion No. 1 described above at paragraph 11.A (Middle Fork of Sheep Cabin Creek). B. SquareTop Water Supply Pond No. 2: SquareTop Water Supply Diversion No. 2 described above at paragraph 11.B (Middle Fork of Sheep Cabin Creek). C. SquareTop Water Supply Pond No. 3: SquareTop Water Supply Diversion No. 3

described above at paragraph 11.C (South Fork of Sheep Cabin Creek). D. SquareTop Reflection Pond: SquareTop Reflection Diversion described above at paragraph 11.D (Middle Fork of Sheep Cabin Creek). E. SquareTop Lake No. 1: SquareTop Reflection Diversion described above at paragraph 11.D (Middle Fork of Sheep Cabin Creek). F. SquareTop Lake Nos. 2 – 6: Sheep Cabin Ditch Second Enlargement described at paragraph 11.F, above (South Fork of Sheep Cabin Creek). These lakes will receive water by laterals off said Ditch. G. SquareTop Lake Nos. 7-9: Sig Brown Ditch Enlargement described above at paragraph 11.E (Middle Fork of Sheep Cabin Creek). These lakes will receive water by laterals off said Ditch. H. SquareTop Lake Nos. 10 and 11: These lakes are on-channel, on an unnamed tributary of Sheep Cabin Creek and will capture drainage water and/or runoff. In addition to the sources identified, the Well Fields will be used as a supplemental source of water for all of the Ponds and Lakes. 20. Date of Appropriation. November 30, 2005, for the Ponds and Lakes described in this Section III, based upon the intent to appropriate and actions consistent with that intent including, but not limited to, placing the land under contract, completing field work, engineering, survey and other investigations included in this Water Court application. 21. Amounts Claimed. A. SquareTop Water Supply Pond No. 1: 7.68 acre-feet (AF), (conditional). B. SquareTop Water Supply Pond No. 2: 10.64 AF (conditional). C. SquareTop Water Supply Pond No. 3: 14.48 AF (conditional). D. SquareTop Reflection Pond: 20.16 AF (conditional). E. SquareTop Lake No. 1: 3.30 AF (conditional). F. SquareTop Lake No. 2: 12.19 AF (conditional). G. SquareTop Lake No. 3: 9.11 AF (conditional). H. SquareTop Lake No. 4: 14.43 AF (conditional). I. SquareTop Lake No. 5: 10.06 AF (conditional). J. SquareTop Lake No. 6: 10.19 AF (conditional). K. SquareTop Lake No. 7: 14.73 AF (conditional). L. SquareTop Lake No. 8: 9.53 AF (conditional). M. SquareTop Lake No. 9: 8.23 AF (conditional). N. SquareTop Lake No. 10: 7.71 AF (conditional). O. SquareTop Lake No. 11: 20.90 AF (conditional). All Ponds and Lakes will be filled and refilled and, when water is available, water will be allowed to flow through the Ponds and Lakes to both replace evaporation losses and maintain water quality. The above volumes for individual Ponds and Lakes may change during construction, but the cumulative total volume after construction shall not exceed the cumulative total volume set forth above (173.34 AF). 22. Beneficial Use. A. SquareTop Water Supply Pond Nos. 1-3: Storage for domestic, commercial, municipal, irrigation, stock watering and equestrian use, piscatorial, decorative water features, aesthetic, wildlife, recreation, fire protection, construction, augmentation and exchange, replacement of evaporation losses and all other beneficial uses associated with a development on the Ranch. Irrigation is limited to the Ranch and will include lawns, gardens and landscaping located on lots that will be established on the Ranch, as well as any open space and/or common area irrigation on the Ranch not irrigated by other water rights. Water stored in these ponds will be used as part of an interconnected potable system and as a raw water supply. B. SquareTop Reflection Pond and SquareTop Lake Nos. 1-11: Storage for stock watering and equestrian use, piscatorial, decorative water features, aesthetic, wildlife, recreation, fire protection and replacement of evaporation losses. 23. Specifications for Ponds and Lakes. Specifications will be verified at the time the structures are made absolute and/or in any decree resulting from this application to the extent the Ponds and Lakes are already constructed at that time. It is currently intended that each structure will be lined, have 100% live capacity, have a maximum dam height less than 10 feet and average depth of 6 – 8 feet, the approximate surface acreage of each of the Ponds and Lakes is subject to change during construction, but the following planning estimates are provided: A. SquareTop Water Supply Pond No. 1: 0.96 acres. B. SquareTop Water Supply Pond No. 2: 1.33 acres. C. SquareTop Water Supply Pond No. 3: 1.81 acres. D. SquareTop Reflection Pond: 3.36 acres. E. SquareTop Lake No. 1: 0.55 acres. F. SquareTop Lake No. 2: 2.03 acres. G. SquareTop Lake No. 3: 1.52 acres. H. SquareTop Lake No. 4: 2.41 acres. I. SquareTop Lake No. 5: 1.68 acres. J. SquareTop Lake No. 6: 1.70 acres. K. SquareTop Lake No. 7: 2.45 acres. L. SquareTop Lake No. 8: 1.59 acres. M. SquareTop Lake No. 9: 1.37 acres. N. SquareTop Lake No. 10: 1.29 acres. O. SquareTop Lake No. 11: 3.48 acres. 24. Reservation of Right to Appropriate Well Rights for Lakes. As noted above, it is anticipated that SquareTop Lake Nos. 1- 11 will be lined. If during construction of any of said Lakes groundwater is encountered and the Lake is not lined, the water right for that Lake may be converted to a well and, in that instance, will include as a source groundwater tributary to Sheep Cabin Creek. 25. Name and Address of the Owner of Land on Which the Structures are Located: SquareTop Ranch Land Limited Partnership, see paragraph 1, above. IV. CHANGE OF WATER RIGHTS. 26. Proposed Change of Water Rights. Approximately 202 acres have historically

been irrigated on the Ranch with the senior water rights described below. For the most part, those water rights are not being changed by this Application and will continue to irrigate the same lands historically irrigated. Dry up of portions of the historically irrigated lands will occur, however, by the construction of roads, Ponds and Lakes and other infrastructure associated with the planned development. It is estimated that a total of approximately 36 acres of a mixture of alfalfa and pasture grass will be dried up. Applicant seeks to take credit for the historic consumptive use (―HCU Credit‖) associated with any lands where dry up is documented, so that the HCU Credit may be stored in the Ponds and Lakes described in paragraph 18, above, for the beneficial uses therein as described in paragraph 22, above, or used directly for augmentation without storage. 27. Original Decrees. A. Sheep Cabin Ditch and Enlargement. The Sheep Cabin Ditch was originally decreed 3 cfs from Sheep Cabin Creek for irrigation in the original adjudication, Case No. 73, with an adjudication date of 1902 and an appropriation date of May 1, 1892. The Sheep Cabin Ditch Enlargement decreed an additional 3.0 cfs to the Ditch for irrigation in Case No. 156, with a 1912 adjudication and a June 1, 1900 appropriation date. The decreed point is set forth in Case No. 156 as the West bank of Sheep Cabin Creek at a point which bears North 51 degrees 35 minutes East 489 feet from the 1/16 corner, one-quarter (1/4) of a mile West of the Southeast corner of Section 34 in Township 35 North of Range 1 East, N.M.P.M. On Exhibit A, the source is referred to as the South Fork of Sheep Cabin Creek. B. Sig Brown Ditch. The Sig Brown Ditch was decreed for 3.0 cfs for irrigation of 160 acres in Case No. 308, and was granted a 1921 decreed date and an appropriation date of June 1, 1917. The decreed source is Mariposa Creek, but is tabulated by the State Engineer as Sheep Cabin Creek. The headgate of said Ditch is at a point in the County of Archuleta, State of Colorado, on the West bank of Mariposa Creek, from which said Ditch draws its supply of water, at a point approximately 40 rods South of the Northeast corner of the Southwest quarter of the Northwest quarter of Section 34, Township 35 North, Range 1 East, N.M.P.M. On Exhibit A, the source is referred to as the Middle Fork of Sheep Cabin Creek. C. Porcupine Ditch and Enlargement. The Porcupine Ditch was decreed 0.25 cfs for stockwater with an appropriation date of August 4, 1914, and the Porcupine Enlargement Ditch was decreed 1.02 cfs for irrigation of 80 acres with an appropriation date of June 1, 1915, both in Case No. 308, with an adjudication date of 1921. The Porcupine Ditch and Porcupine Enlargement Ditch divert from Porcupine Creek, from which said Ditch draws its water supply, at a point whence the NW corner of Section 28, Township 35 North, Range 1 East, N.M.P.M. bears South 75º 30' West 4,337.23 feet. D. Porcupine Ditch Extension. The Porcupine Ditch extension was conditionally decreed 2.0 cfs for irrigation of an additional 140 acres, stock and domestic in Case No. W-414 with an adjudication date of 1971 and an appropriation date of June 20, 1971, which was then made absolute in Case No. W-689. The decreed point of diversion is at a location where the NW corner of Section 28, T35N, R1E, N.M.P.M. bears S57º52' W. 6,615.88 feet. The decree does not list a source, but the source is believed to be Sparks Creek, a tributary of the Rito Blanco. 28. Historical Operations. Attached hereto as Exhibit B is a memorandum summarizing historical diversion records. Attached hereto as Exhibit C is a map showing the historically irrigated lands on the Ranch. Most of the lands were and are capable of being irrigated by combined sources from all of the senior water rights identified above. 29. HCU Credit from Dry Up. Exhibit C hereto also depicts the historically irrigated lands that may be dried up as noted above. This map was used as for planning purposes and is not intended as a limitation on the application or on the amount or location of the dry up that will occur on the Ranch. As part of this application, Applicant proposes to determine the HCU Credit that will be applied to each acre or partial acre that is dried up on the Ranch. 30. Correction of Legal Description of Sig Brown Ditch Headgate Location. The historic location of the Sig Brown Ditch headgate is on the Ranch at a point up-gradient from the decreed point. The decreed point is hereby corrected to reflect the actual historic headgate location, which is in the NE ¼ NW ¼ of Section 34, T35N, R1E, 1,144 feet from the North line and 1,930 feet from the West line of said section. V. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 31. Structures to be Augmented. A. Well Fields. Described above in Section I. B. Diversion Structures. Described above in Section II. C. Ponds and Lakes. Described above in Section III. 32. Description of the water rights to be used for augmentation. A. SquareTop Water Supply Pond Nos. 1 – 3. Described above in Section III. B. HCU Credit. Described above in Section IV. 33. Statement of Plan for Augmentation. Applicant seeks the right to divert water under the SquareTop Water Supply Diversion Nos. 1 – 3 (through SquareTop Water Supply Pond Nos. 1-3) and divert water

under the Well Fields, through an interconnected potable water supply system, on a year-round basis. Such potable system diversions will be metered and resulting out-of-priority depletions, after factoring in return flows from the potable system, will be replaced in time and amount pursuant to this augmentation plan. In addition, Applicant reserves the right to replace evaporation losses in some or all of the Ponds and Lakes through the Surface Diversions and/or the Well Fields under this augmentation plan. Out-of-priority depletions will be replaced with measured releases of water stored in priority in the SquareTop Water Supply Pond Nos. 1-3, with HCU Credits stored in the SquareTop Water Supply Pond Nos. 1-3, or with HCU Credits that are allowed to return directly to the Sheep Cabin Creek drainage. 34. Accounting for Out-of-Priority Depletions Under Augmentation Plan. Applicant will formulate an accounting plan in coordination with the Division Engineer to determine the extent of out of priority depletions to be covered under this augmentation plan. Based upon preliminary engineering using standard assumptions, the potable diversions are expected to be on the order of 128.4 AF, which includes roughly 29.3 acre-feet for lawn and garden irrigation, and the total potable consumption is expected to be approximately 38.3 AF. The preliminary engineering for the potable system assumed non-evaporative type septic systems that are 15% consumptive, and assumed that irrigation and equestrian use would be 80% and 100% consumptive, respectively. Lawn and garden irrigation on the potable system was assumed to be limited to 15.7 acres. This preliminary engineering was used for planning purposes only, and is not intended as a limitation on this application or any resulting decree. 35. Measurement. Applicant will install and maintain such water measuring devices as may be reasonably necessary to account for diversions, storage, out-of-priority depletions and replacement thereof under the augmentation plan so as to prevent injury to any vested water rights. WHEREFORE, Applicant requests this Court enter a decree which (1) grants the conditional Well Field water rights as described in Section I, above; (2) grants the conditional water rights for the Surface Diversions as described in Section II, above; (3) grants the conditional storage rights for the Ponds and Lakes as described in Section III, above; (4) approves the change of water rights as described in Section IV, above; (5) approves the augmentation plan as described in Section V, above; and (6) grants such other relief consistent with this Application, as the Court deems just and proper. (27 pages)

07CW104 Application For Underground Water Rights And Conditional Storage Water Rights;

Concerning The Application For Water Rights Of Oldcastle Southwest Group, Inc., d/b/a Four Corners

Materials, In La Plata County. 1. Name and Address of Applicant: Oldcastle Southwest Group, Inc.,

d/b/a Four Corners Materials, P.O. Box 1969, Bayfield, CO 81222. Copies of all pleadings to: Stephen

C. Larson, Leah A. Kukowski, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado

80304, (303) 442-1900. Underground Water Right No. 1. 2. Name of Structure: Bayfield Pit No. 1

Well (a/k/a Gosney Pit No. 1). This well has been issued Well Permit No. 63606-F, in conjunction with

Bayfield Pit No. 2 Well (below). The Bayfield Pit No. 1 Well is an existing gravel pit that exposes and

diverts groundwater pursuant to such well permit and an augmentation plan decreed in Case No.

03CW065 (Water Div. 7). This Application does not seek to amend or otherwise affect the final decree in

Case No. 03CW065. 3. Legal Description of Well: A point located in the SW ¼ of the NW ¼ of Section

14U, Township 34 North, Range 7 West, of the N.M.P.M. approximately 1920 feet from the North

Section line and 530 feet from the West Section line of Section 14U, La Plata County, Colorado. This

legal description corresponds to the center of the pond formed by excavation of the gravel pit. A general

location map depicting this structure is attached hereto as Figure 1. 4. Source: Groundwater tributary to

the Pine River (a/k/a Los Pinos River). 5. Depth: Approximately 10 feet. 6. Appropriation Date: March

10, 1992. The appropriation was initiated by the construction of Bayfield Pit No. 1 Well and its

subsequent operation and placement of such water to all claimed beneficial uses. 7. Amount Claimed:

0.4 cfs, absolute. 8. Uses: Industrial, including general gravel pit purposes, mining, dust suppression,

concrete production, and washing; storage and release; augmentation and replacement of evaporation. 9.

Name and Address of Owners Upon Whose Land Structures Are Located: Applicant (paragraph 1,

above). Underground Water Right No. 2. 10. Name of Structure: Bayfield Pit No. 2 Well (a/k/a

Gosney Pit No. 2). In conjunction with Bayfield Pit No. 1 Well, this well has been issued Well Permit

No. 63606-F. The Bayfield Pit No. 2 Well is an existing gravel pit that exposes and diverts groundwater

pursuant to such well permit and an augmentation plan decreed in Case No. 03CW065 (Water Div. 7).

This Application does not seek to amend or otherwise affect the final decree in Case No. 03CW065. 11.

Legal Description of Well: The Bayfield Pit No. 2 Well is located in the NW ¼ of the NW ¼ of Section

14U, Township 34 North, Range 7 West, of the N.M.P.M. approximately 990 feet from the North Section

line and 830 feet West Section line of Section 14U, La Plata County, Colorado. A general location map

depicting this structure is attached hereto as Figure 1. 12. Source: Groundwater tributary to the Pine

River (a/k/a Los Pinos River). 13. Depth: Approximately 10 feet. 14. Appropriation Date: March 10,

1992. The appropriation was initiated by the construction of Bayfield Pit No. 2 Well and its subsequent

operation and placement of such water to all claimed beneficial uses. 15. Amount Claimed: 0.4 cfs,

absolute. 16. Uses: Industrial, including general gravel pit purposes, mining, dust control, concrete

production, and washing; storage and release; augmentation and replacement of evaporation. 17. Name

and Address of Owners Upon Whose Land Structures Are Located: Applicant (paragraph 1, above).

Conditional Storage Water Right No. 1. 18. Name of Structure. Bayfield Pond No. 1. 19. Legal

Description. A point located in the SW ¼ of the NW ¼ of Section 14U, Township 34 North, Range 7

West, of the N.M.P.M. approximately 1920 feet from the North Section line and 530 feet from the West

Section line of Section 14U, La Plata County, Colorado. This legal description corresponds to the center

of the pond formed by excavation of the gravel pit. A general location map depicting this structure is

attached hereto as Figure 1. 20. Amount Claimed. 170 acre-feet, conditional, with the right to fill and

refill. The Bayfield Pond No. 1 will be a lined structure and will not intercept any groundwater. Surface

Area: 18.3 acres; Dam Height/Length: The Bayfield Pond No. 1 will be an excavated structure with no

dam, but will be equipped with an outlet structure to accommodate releases. Active Capacity: 100%;

Dead Storage: 0%. 21. Source. The Gosney Alternate Pump Station, as decreed in Case No. 03CW065,

and originally decreed in Case No. 82CW29 (Water Div. 7), which diverts from an unnamed tributary of

the Los Pinos River downstream of the current diversion point of Spring Creek Ditch. The unnamed

tributary collects natural runoff and return flows from upland irrigation. Additional sources include

surface drainage, precipitation, and runoff. 22. Legal Description of Points of Diversion. (1) the SW ¼

of the SW ¼ of the SE ¼, Section 11, Township 34 North, Range 7 West, N.M.P.M., 2,500 feet from the

East section line and 625 feet from the South section line and (2) the SW ¼ of the NE ¼ of the SE ¼ of

Section 15U, Township 34 North, Range 7 West, N.M.P.M., 750 feet from the East section line and 1,500

feet from the South section line. 23. Rate of Fill. Up to 1.0 cfs. 24. Uses. The uses for the Bayfield

Pond No. 1 include storage, augmentation, domestic, irrigation, commercial/industrial, recreational,

piscatorial, fire protection, fish and wildlife habitat, and aesthetic. 25. Date of Appropriation. December

31, 2007. Appropriation was initiated by the formation of requisite intent, coupled with manifestation of

such intent to place parties on notice, including the filing of this Application. Conditional Storage

Water Right No. 2. 26. Name of Structure. Bayfield Pond No. 2. 27. Legal Description. The Bayfield

Pond No. 2 Well is located in the NW ¼ of the NW ¼ of Section 14U, Township 34 North, Range 7

West, of the N.M.P.M. approximately 990 feet from the North Section line and 830 feet West Section line

of Section 14U, La Plata County, Colorado. A general location map depicting this structure is attached

hereto as Figure 1. 28. Amount Claimed. 90 acre-feet, conditional, with the right to fill and refill. The

Bayfield Pond No. 1 will be a lined structure and will not intercept any groundwater. Surface Area: 10.0

acres; Dam Height/Length: The Bayfield Pond No. 2 will be an excavated structure with no dam, but will

be equipped with an outlet structure to accommodate releases. Active Capacity: 100%; Dead Storage: 0%.

29. Source. The Gosney Alternate Pump Station, as decreed in Case No. 03CW065, and originally

decreed in Case No. 82CW29 (Water Div. 7), which diverts from an unnamed tributary of the Los Pinos

River downstream of the current diversion point of Spring Creek Ditch. The unnamed tributary collects

natural runoff and return flows from upland irrigation. Additional sources include surface drainage,

precipitation, and runoff. 30. Legal Description of Points of Diversion. (1) the SW ¼ of the SW ¼ of

the SE ¼, Section 11, Township 34 North, Range 7 West, N.M.P.M., 2,500 feet from the East section line

and 625 feet from the South section line and (2) the SW ¼ of the NE ¼ of the SE ¼ of Section 15U,

Township 34 North, Range 7 West, N.M.P.M., 750 feet from the East section line and 1,500 feet from the

South section line. 31. Rate of Fill. Up to 1.0 cfs. 32. Uses. The uses for the Bayfield Pond No. 2

include storage, augmentation, domestic, irrigation, commercial/industrial, recreational, piscatorial, fire

protection, fish and wildlife habitat, and aesthetic. 33. Date of Appropriation. December 31, 2007.

Appropriation was initiated by the formation of requisite intent, coupled with manifestation of such intent

to place parties on notice, including the filing of this Application. WHEREFORE, Applicant respectfully

requests the Water Court issue a decree for the foregoing absolute underground water rights and

conditional storage water rights, and grant such other or further relief as the Court deems appropriate. (8

pages)

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308, C.R.S. (2007) directs the State Engineer to establish a

notification list for each water division to notify interested parties of requests for

approval of: substitute water supply plans (§37-92-308), loans for an instream

flow (§37-83-105), and interruptible water supply agreements (§37-92-309).

To receive this information for calendar year 2008, specify whether you prefer to

receive the information by first-class mail or electronic mail and send your name,

mailing address, e-mail address, daytime telephone number, and water division(s)

to: Substitute Water Supply Plan Notification List, Colorado Division of Water

Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203 or e-mail

to: dwr-swsplist@state.co.us.

Additional information regarding Substitute Water Supply Plans is available on the Division of

Water Resources' website at http://water.state.co.us/. Questions may be directed to the Division

of Water Resources at (303) 866-3581 or dwr-swsplist@state.co.us.

SUPREME COURT OF COLORADO OFFICE OF THE CHIEF JUSTICE

ORDER IN THE MATTER OF THE APPOINTMENT OF WATER JUDGES

UNDER THE WATER RIGHT DETERMINATION

AND ADMINISTRATION ACT OF 1969

Pursuant to Section 37-92-203(2), C.R.S. (2007) the following judges are designated or

redesignated as water judges for the water divisions of the state for 2008:

Division 1

Roger A. Klein

Gilbert Gutierrez*

Division 2

C. Dennis Maes

Kirk S. Samelson *

Division 3

O. John Kuenhold

Pattie P. Swift*

Division 4

J. Steven Patrick

Charles R. Greenacre *

Division 5

Daniel B. Petre

James B. Boyd*

Division 6

Michael A. O’Hara

Daniel J. Kaup*

Division 7

Gregory G. Lyman

David L. Dickinson*

Dated this 26th day of December, 2007.

/s/

Mary J. Mullarkey

Chief Justice

* Designated additional water judge to assist the principal water judge during an emergency,

leave, or conflict situation.

SUPREME COURT OF COLORADO OFFICE OF THE CHIEF JUSTICE

ORDER Appointment of

Water Court Senior Judges

WHEREAS, Article VI, Section 5(3) of the Colorado Constitution authorizes the Chief

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

perform judicial duties as necessary to foster the prompt disposition of judicial business, and

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

Colorado Supreme Court to make temporary assignment of other judges to hear pending water

matters,

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

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

temporary judicial assistance to a particular district in need of assistance with water matters:

Richard P. Doucette

Jonathan W. Hays

Robert W. Ogburn

Thomas W. Ossola

Connie L. Peterson

Steven E. Shinn

DONE in Denver, Colorado, this 26th

day of Dec. , 2007.

_________________/s/________________

Mary J. Mullarkey, Chief Justice

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of February, 2008, to file

with the Water Clerk, in quadruplicate, a verified Statement of Opposition, setting forth facts as to why a

certain application should not be granted or why it should be granted only in part or on certain conditions.

A copy of such 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: $90.00; Forms are available through the Office of the Water Clerk or on the Judicial site at

www.courts.state.co.us; Danene M. Etz, Clerk of the Water Court, 1060 E. 2nd

Ave., Room 106, Durango,

CO 81301-5157; 970-247-2304, Ext. 6181)

Published: before January 31, 2008 Original Signature on file

Danene M. Etz, Water Clerk