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IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4STATE OF COLORADO

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATERDIVISION NO. 4

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of allapplications filed in the Water Court during the month of December 2002.

The names, address of applicant, source of water, description of water right or conditional waterright involved, and description of the ruling sought are as follows:

1) Case No. 02CW225, John P. and Cathy H. Pabst, 686 Moonridge Circle, Grand Junction,CO 81505; Application for Surface Water Rights: HYPOXIA SPRING. Located in SW ¼ SE¼, Section 10, Township 44 North, Range 8 West, N.M.P.M. Distance from section lines 325feet from south and 1469 feet from east. Source of Water: Uncompahgre River. Decree for 15gpm conditional; Appropriation Date: December 2, 2002; Use: Domestic. Ouray County.

2) Case No. 02CW226, Doug Loesch, 60728 Gunnison Road, Olathe, CO 81425;Application for Surface Water Rights: LOESCH’S TWO DAY SPRING. Located NE ¼ NW¼, Section 12, Township 49 North, Range 12 West, N.M.P.M. Distance from section lines 1670feet from north and 1824 feet from west. Source of Water: Uncompahgre River. Decree for.001 c.f.s. conditional; Appropriation Date: December 2, 2002; Use: Wildlife, Stock water, andDomestic. Montrose County.

3) Case No. 02CW227, Dorothy M. Springer Living Trust, 3321 Country Road 5800,Independence, KS 67301; Application for Storage Water Right: HICKS NO. 1 ANDSPRINGER POND. Hicks No. 1 - Located in NW ¼ of SW ¼ SE ¼ Section 25, Township 48North, Range 4 East, N.M.P.M. Distance from section lines 700 feet from south and 2350 feetfrom east. Springer Pond – A tract of land situated in the East ½ of Section 25 Township 48North, Range 4 East of the N.M.P.M. and in the SW ¼ of Section 24 and in the NW ¼ of Section25, Township 48 North, Range 4 ½ East of the N.M.P.M. which considering the east line ofTract 44, Township 48 North, and in Ranges 4 and 4 ½ east of the N.M.P.M. as surveyed,monumented and approved by the U.S. Department of Interior, General Land Office September30, 1929 as bearing N00º52’14”E and with all bearings contained herein relative thereto is moreparticularly described as follows: Beginning at angle point no. 4 (southeast corner) of said tractno. 44; thence along the east line of said tract no. 44 N 00º52’14”E 408.80 feet to a point on thenortherly side of the old railroad grade N77º13’48”w 1231.96 feet; thence S09º01’02”W 690.43feet to a point on the south line of said tract no. 44; thence along the south line of said tract no.44 N89º57’48”E 1303.49 feet to the point of beginning. Containing 15.86 acres more or less.Decree for 8 a.f. absolute; Appropriation Date: August 22, 2000; Use: Stock water,Recreational, Fishery and Wildlife. Application for Storage Water Rights: SPRINGER POND.Located E ½ Section 25, Township 48 North, Range 4 East, N.M.P.M. Decree for 2 a.f.absolute; Appropriation date: December 2, 2002; Use: Irrigation. Source of Water: GunnisonRiver. Saquache County.

4) Case No. 02CW228, Timothy L. and Anne M. Gibbens, 13495 6900 Road, Montrose, CO81401; Application for Surface Water Rights: TAYLOR G. DITCH AND RESERVOIR.Located SE ¼ NE ¼, Section 19, Township 49 North, Range 8 West, N.M.P.M. Distance from

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section lines diversion 690’ feet from north and 39 feet from east and structure 810 from northand 574 feet from east. Source of Water: Uncompahgre River. Decree for 2 c.f.s. conditional;Appropriation Date: January 24, 1996; Use: Irrigation, Stock water, Fire Protection, piscatorial,recreation, wildlife, domestic, beautification. Montrose County.

5) Case No. 02CW229, Denny s. Mulford and Della c. Mulford, Mulford Ranch, LLC.,5494 Highway 348, Olathe, CO 81425; Application for Surface Water Rights: D & DSPRINGS AND POND – SPRING NOS. 1 THROUGH 13. Located SW ¼ of the NE ¼, NW ¼of SE ¼ Section 7, Township 50 North, Range 10 West, N.M.P.M. Distance from section lines:Spring No. 1-3090 feet from the north line and 1423 feet from the west line. Spring No. 2- 3050feet from the north line and 1523 feet from the west line. Spring No. 3 – 2190 feet from thenorth line and 1543 feet from the west line. Spring No. 4 – 2075 feet from the north line and1538 feet from the west line. Spring No. 5-1975 feet from the north line and 1523 feet from thewest line. Spring No. 6- 1875 feet from the north line and 1523 feet from the west line. SpringNo. 7 – 1775 feet from the north line and 1523 feet from the west line. Spring No. 8 – 1695 feetfrom the north line and 1503 feet from the west line. Spring No. 9-1615 feet from the north lineand 1503 feet from the west line. Spring No. 10- 1565 feet from the north line and 1413 feetfrom the west line. Spring No. 11 – 1520 feet from the north line and 1423 feet from the westline. Spring No. 12 – 1470 feet from the north line and 1423 feet from the west line. Spring No.13 – 1270 feet from the north line and 1083 feet from the west line. Source of Water:Uncompahgre River. Decree for .033 c.f.s. each absolute; Appropriation Date: March 30, 1993;Use: Storage, Stock water and Irrigation. Montrose County.

6) Case No. 02CW230, I. NAME AND ADDRESS OF THE APPLICANTS: Andrew A.McCullough, Stewart L. McCullough, Rebecca A. Boskovic, Andrew A. McCullough, Trustee,714 James Street, Geneva, IL 60134, (630) 208-0246. Attorney for Applicants: Steven T.Monson, Felt, Monson & Culichia, LLC, 319 N. Weber Street, Colorado Springs, CO 80903,(719) 471-1212. II. WATER STORAGE RIGHTS: A. Name of Storage Right. McCulloughPond. B. Legal Description. The center point of the dam is located in the SE 1/4 of the NE 1/4of Section 20, Township 45 North, Range 8 West, N.M.P.M., a distance of 2,350 feet from thenorth line of said section and 200 feet from the east line of said section. The general location ofthe structure is shown in the attached Exhibit A. C. Off Channel Reservoir. McCullough Pondis an off channel reservoir and is to be filled by the Fullbright Spring and Ditch, McCarthy Ditchand McCarthy Spring and Pipeline. The points of diversion for the Fullbright Spring and Ditchare (1) Headgate No. 1 located at the Fullbright Spring at a point whence the southeast corner ofSection 20, Township 45 North, Range 8 West, N.M.P.M., bears South 28� 03' east 160 feet,and (2) Headgate No. 2 located on a natural draw into which the Fullbright Spring discharges at apoint 500 feet due west of the east quarter corner of said Section 20, Township 45 North, Range8 West, N.M.P.M. The capacity for this structure is 0.5 cfs as decreed in Case No. W-863. TheMcCarthy Ditch point of diversion is located at the point of emergence of the McCarthy Spring,from which point the east quarter corner of Section 20, Township 45 North, Range 8 West,N.M.P.M. bears south 39� 33' east 1,261 feet. The capacity for this structure is 1.0 cfs asdecreed in Case No. W-865. The McCarthy Spring and Pipeline point of diversion is located atthe point of emergence of the McCarthy Spring from which point the east quarter corner ofSection 20, Township 45 North, Range 8 West, N.M.P.M., bears south 39� 33' east 1,261 feet.The capacity for this structure is 0.3 cfs as decreed in Case No. W-864. D. Source. The sourcefor the filling of this pond is the Fullbright Spring and Ditch, McCarthy Ditch, and McCarthySpring and Pipeline as set forth above. The source of the Fullbright Spring and Ditch is a drawtributary to Cuddigan Gulch, tributary to the Uncompahgre River. The source of the McCarthy

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Ditch is the McCarthy Spring, tributary to the Uncompahgre River. The source of the McCarthySpring and Pipeline is the McCarthy Spring, tributary to the Uncompahgre River. E.Appropriation. 1. Date of Appropriation: November 30, 1995. 2. How appropriation wasinitiated: Appropriation was initiated by the commencement of construction of the pond onApplicants’ property. 3. Date water was applied to beneficial use: The water has not yet beenapplied to beneficial use and a conditional decree is sought. F. Amount Claimed. The amountclaimed is one and one-half acre feet of water to fill the pond, conditional, together with the rightto refill. As the McCullough Reservoir is an off channel reservoir, the rate of diversion for thefilling of the reservoir is 0.5 cfs from the Fullbright Spring and Ditch, 1.0 cfs from the McCarthyDitch and 0.3 cfs from the McCarthy Spring and Pipeline. G. Use. The use of the pond is forstock watering, recreation, fish culture and propagation, wildlife enhancement, and irrigation.The total number of acres proposed to be irrigated is 110 acres. The legal description for theirrigated acreage below the pond is within the E1/2 NE1/4 of Section 20 and the W1/2 NW1/4 ofSection 21, Township 45 North, Range 8 West, N.M.P.M., as generally shown on the attachedExhibit A USGS topographical map. H. Surface Area of High Water Line. One-half acre. 1.Maximum Height of the Dam: 9.5 feet at the spillway. 2. Length of the Dam: 400 feet. I. TotalCapacity of the Reservoir. The capacity of the pond is one and one-half acre feet with an activecapacity of 1.25 acre feet and dead storage of 0.25 acre feet. J. Names and Addresses ofLandowners where the Structures are Located. The storage structure, as well as the ditches usedto fill this water storage right, are located upon land owned by the Applicants. K. AdditionalInformation. The pond has been constructed and is ready to divert and store water for thebeneficial uses requested pending the physical availability of water in priority. The Applicantsclaim the right to fill and refill the pond. The McCullough Pond is already included within theimplementation of the decrees for the Fullbright Spring and Ditch and the McCarthy Spring andPipeline as decreed in Case Nos. W-863 and W-864 for stock watering, fish culture, recreationand irrigation purposes. This decree is sought, in part, as a supplementation of the existing rightsunder those decrees. III. APPLICATION FOR SURFACE WATER RIGHTS. A. Name ofStructure. Fullbright Spring and Ditch, McCarthy Ditch, and the McCarthy Spring and Pipeline.B. Legal Description. The legal descriptions for these three structures is set forth in Section II.C. above. C. Source. The source of water supply for these three structures is set forth in SectionII. D. above. D. Appropriation. 1. Date of Appropriation: November 30, 1995. 2. Howappropriations were initiated: The appropriations were initiated by the commencement ofconstruction of the McCullough Pond on Applicants’ property which is to be filled by these threestructures. 3. Date water applied to beneficial use: The water under this decree has not yet beenapplied to beneficial use, and a conditional decree is sought. E. Amount Claimed. The amountof the conditional water right sought is 0.5 cfs for the Fullbright Spring and Ditch, 1.0 cfs for theMcCarthy Ditch, and 0.3 cfs for the McCarthy Spring and Pipeline. F. Uses. The uses for thesethree ditches is for the filling of the McCullough Pond and for the same beneficial uses of thoseponds as set forth in Section II. G. of this Application. G. Name and address of land ownerswhere the structures are located. All headgates, ditches and delivery structures are located uponland owned by the Applicants. H. Additional Information. The Fullbright Spring and Ditch,McCarthy Ditch and the McCarthy Spring and Pipeline have existing decrees for stock watering,fish culture, recreation, and irrigation uses under decrees in Case Nos. W-863, W-864, and W-865. This surface water decree is sought, in part, as a supplementation of those decrees for thepurpose of filling and refilling the McCullough Pond and for its beneficial uses set forth herein.Ouray County.

7) Case No. 02CW231, San Miguel County; Unnamed tributaries to North Creek,Tributary to McKenzie Creek, Tributary to the San Miguel River, Water District No. 60.

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K.L. Spear, 13100 Ponderosa Way, Ft. Myers, FL 33907. APPLICATION FOR WATERSTORAGE RIGHTS. FIRST CLAIM: Name of Reservoir: Elk Springs Ranch Pond No. 1.Legal description of location of dam: SE ¼, SE ¼, Section 15, Township 45 North, Range 11West, N.M.P.M., a distance of 130 feet from the South Section line and 510 feet from the EastSection line (Figure 1 included in application). If off-channel reservoir, name and capacity ofditches used to fill reservoir: not applicable. Source: run-off from an unnamed tributary toNorth Creek, tributary to McKenzie Creek, tributary to the San Miguel River. Also up to 0.022cfs (10 gpm) inflow from the Homestead Spring, as decreed in Case 92CW195, and inflow fromprecipitation. Date of Appropriation: July 1, 1960 for 0.80 acre-foot; February 27, 2001 for 4.20acre-feet enlargement. How appropriation was initiated: Construction of original pond prior toJuly 1, 1960 and by field investigations and formulation of concepts for enlarging existing pond.Date water applied to beneficial use: July 1, 1960 for original 0.80 acre-foot, November 1, 2002for 4.20 acre-feet enlargement. Amount claimed: 5.0 acre-feet, absolute. Use or proposed use:stock water, wildlife propagation, piscatorial, aesthetic, recreation and fire protection. Surfacearea of high water line: 0.90 acre. Height and length of dam: less than 10 feet and 280 feetlong. Total capacity of reservoir: 5.0 acre-feet dead storage, 0 acre-foot active capacity.SECOND CLAIM: Name of Reservoir: Elk Springs Ranch Pond No. 2. Legal description oflocation of dam: SW ¼, SE ¼, Section 15, Township 45 North, Range 11 West, N.M.P.M., adistance of 840 feet from the South Section line and 2,160 feet from the East Section line(Figure 1 included in application). If off-channel reservoir, name and capacity of ditches used tofill reservoir: not applicable. Source: run-off from an unnamed tributary to North Creek,tributary to McKenzie Creek, tributary to the San Miguel River, and inflow from precipitation.Date of Appropriation: February 27, 2001. How appropriation was initiated: by fieldinvestigations and formulation of concepts for constructing pond. Date water applied tobeneficial use: October 20, 2002. Amount claimed: 4.0 acre-feet, absolute. Use or proposeduse: stock water, wildlife propagation, piscatorial, aesthetic, recreation and fire protection.Surface area of high water line: 0.86 acre. Height and length of dam: less than 10 feet and 300feet long. Total capacity of reservoir: 4.0 acre-feet; 2.8 acre-feet active capacity, 1.2 acre-feetdead storage. Name and address of owner of land on which ponds are located: K. L. Spear,13100 Ponderosa Way, Ft. Myers, FL 33907. Remarks or other pertinent information: ElkSprings Ranch Pond Nos. 1 and 2 are constructed near the head end of unnamed tributaries toNorth Creek, tributary to McKenzie Creek, tributary to the San Miguel River. The relevantunnamed tributaries to North Creek only carry water during the run-off period; these tributarydrainages to not carry any surface flow after the spring run-off period in the reaches located bothup gradient and down gradient of the pond sites. As such, the ponds will store water in priorityand no augmentation plan is contemplated for either pond. SAN MIGUEL COUNTY.

8) Case No. 02CW232, Clifton L. Mays, Sr., 774 Old Orchard Road, Grand Junction, CO81506; Application for Surface Water Rights: BEAR RUN RANCH SPRING NO. 1. The pointof diversion is in the NE ¼ SW ¼ of Section 16, Township 13 South, Range 101 West of the 6th

P.M., more particularly described as follows: assuming the east line of said Section 16 to bearN03º28’W between established monuments at the SW corner of said Section 16 and the S 1/16corner of Section 16; thence N64º20’W 3590 feet to said point of diversion. Source of Water:Dolores River. Decree for 1/16 c.f.s. conditional; Appropriation Date: December 4, 2002; Use:Domestic and Stock water. Mesa County.

9) Case No. 02CW233, Silverhawk, Ltd., c/o George E. Glasier, President (970) 864-2125,31127 Highway 90, P.O. Box 98, Nucla, CO 81424-0098; Application for Change of WaterRight: DOING DITCH. Located in the SW ¼ SE ¼ Section 1, Township 46 North, Range 15

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West, N.M.P.M. at a point 330 feet north of the south section line and 2110 feet west of the eastsection line. GPS 721435mE4237818mN. Source of Water: San Miguel River. Decree for 1.8c.f.s., .5 c.f.s., .5 c.f.s.; Appropriation Date: October 1, 1902, July 1, 1896, April 1, 1939; Use:The water from the Doing Ditch has been used for irrigation. Proposed Change: Applicantseeks an alternate point of diversion to the headgate of the New Parkway Ditch approximately4,000 feet up river from the current diversion. Water diverted at the alternate point of diversionwould flow down the New Parkway Ditch approximately 8,000 feet where it would be pipedback across the river to the location of the Doing Ditch. The area irrigated by the Doi9ng Ditchwould not change. An alternate point of diversion will allow for a more efficient diversion of thewater as the current diversion results in extremely slow flows in the upper section of the DoingDitch and the need to constantly construct temporary structures in the river to permit diversion.An alternate point of diversion would eliminate the need of constructing temporary or permanentstructures in the river at the current point. Montrose County.

10) Case No. 02CW234, James A. Nolan, 20 Parkway, Ridgway, CO 81432; Application forStorage Water Right: NOLAN POND. Located SW ¼ SW ¼ Section 2, Township 44 North,Range 8 West, N.M.P.M. Distance from section lines 150 feet from south and 4800 feet fromeast. Source of Water: Uncompahgre River. Decree for .09 a.f. absolute; Appropriation Date:1982; Use Wildlife, Fire Mitigation, and Irrigation. Ouray County.

11) Case No. 02CW235, Samuel A. and Dora M. Cornman, 16350 67.50 Road, Montrose,CO 81401; Application for Finding of Diligence: RD DIVERSION. Located NE ¼ SW ¼,Section 2, Township 48 North, Range 9 West, N.M.P.M. Distance from section lines 2800 feetfrom north and 2450 feet from west. Source of Water: Uncompahgre River. Decree for 1 a.f.;Appropriation Date: 10-2-02; Use: Livestock, Irrigation, and Domestic. Montrose County.

12) Case No. 02CW236, Miller Family Trust, Jackson W. Miller Trust, 68471 Sunset Drive,Montrose, CO 81401; Application for Storage Water Right: CHARLIE NO. 1. Located SW ¼SE ¼ Section 24, Township 48 North, Range 9 West, N.M.P.M. Distance from section lines 285feet from south and 2180 feet from west. Source of Water: Uncompahgre River. Decree for 3a.f. absolute; Appropriation Date: 08-28-2000; Use: Wildlife and Livestock. MontroseCounty.

13) Case No. 02CW237, Stanley Abrams, 333 Silver Pick Road, P.O. Box 1694, Telluride,CO 81435; Application for Surface Water Rights: SILVER PICK DITCH AND LITTLEDIPPER DITCH. Silver Pick Ditch - located SW ¼ SE ¼, Section 8, Township 42 North, Range10 West, N.M.P.M. Little Dipper Ditch – located NE ¼ SW ¼ of Section 8, Township 42 North,Range 10 West, N.M.P.M. Source of Water: San Miguel River. Silver Pick Ditch - Decree for.125 conditional; Little Dipper Ditch – Decree for .2 c.f.s. conditional; Appropriation Date:December 20, 2002; Use: Irrigation and Stock water. San Miguel County.

14) Case No. 02CW238, Mile 200, P.O. Box 100, Castle Rock, CO 80104; Application forSurface Water Rights: HOT SPRING. Located S ½ SW ¼, W ½ E ¼ N ½ SE ¼, Section 10,Township 49 North, Range 4 East, N.M.P.M. Distance from section lines 250 feet from southand 2000 feet from west. Source of Water: Gunnison River. Decree for 2 c.f.s. absolute;Appropriation Date: December 19, 2002; Use: Domestic. Gunnison County.

15) Case No. 02CW239, MONTROSE COUNTY. 47 Creek, Tabeguache Creek, SanMiguel River. Go West Industries, Inc., Patrick, Miller & Kropf, P.C., Sara M. Dunn, Esq., 730

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E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR SURFACEWATER RIGHTS. First Claim: Name of structure: GWI Upper 47 Creek Ditch. Legaldescription: NE1/4 of the NW1/4 of Section 15, Township 48 North, Range 15 West of the NewMexico P.M., 630 feet from the N Section Line and 2,520 feet from the West Section Line.(Map, Exhibit A, on file with the Court.) Source: 47 Creek, tributary to Tabeguache Creek,tributary to the San Miguel River. Date of initial appropriation: December 1, 2002. Howappropriation was initiated: By formulation of intent, field visits, and monumentation. Datewater applied to beneficial use: N/A. Amount claimed: 2.0 cfs, conditional. Uses or proposeduses: Irrigation of 50 acres, stock water. Number of acres historically irrigated: 0. Number ofacres proposed to be irrigated: 50 acres. Legal description of acreage: 50 acres generally locatedon the Go West Industries, Inc. property in Sections 21, 22 and 28, Township 48 North, Range15 West of the New Mexico P.M. The name, address and telephone number of the owner of theland upon which water diversion and structure is located: U. S. Forest Service at 2250 Highway50, Delta, CO 81416-2485, (970) 874-6600. (See Special Use Permit, Exhibit B, on file with theCourt.) Name, address and telephone number of the owner of the land upon which the water willbe placed to beneficial use: Applicant. Mr. Jim Guire, Go West Industries, Inc., P. O. Box 1500,Dolores, CO 81323, 1-800-2-GOWEST. Montrose County.

16) Case No. 02CW240, C. Lamar Norsworthy c/o John R. Hill, Jr., P.O. Box 669,Gunnison, CO 81230, (970) 641-1903. APPLICATION FOR SURFACE AND STORAGERIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION. CLAIM NO. 1APPLICATION FOR SURFACE WATER RIGHT. TROUT CREEK FEEDER PIPELINE at apoint in the NW¼NW¼ Section 33 Township 46 North, Range 3 West, N.M.P.M.approximately 2400 feet from the north section line and 250 feet from the east section line ofsaid Section 33. Source: Trout Creek a tributary of the Lake Fork Gunnison River.Appropriation initiated on June 30, 2000 by construction of pond and feeder pipeline. Applied tobeneficial use on June 1, 2001 for piscatorial and stock watering. Amount claimed 1.4 cfsabsolute. CLAIM NO. 2 APPLICATION FOR SURFACE WATER RIGHT. GUEST HOUSEFEEDER PIPELINE at a point in the NE¼SE¼ Section 24, Township 46 North, Range 4 West,N.M.P.M. approximately 2300 feet from south line and 1200 feet from east line of said Section24. Source: Lake Fork Gunnison River. Appropriation initiated on June 30, 1987 by constructionof pond and feeder pipeline. Applied to beneficial use on August 1, 1987 for piscatorial use.Amount claimed 2.8 cfs absolute. CLAIM NO. 3 APPLICATION FOR SURFACE WATERRIGHT FOURTH OF JULY FEEDER PIPELINE in unmapped section at Latitude 38E09N34ONorth, Longitude 107E16N42O West; UTM Coordinates 13S Easting 301426, Northing4225752. Source: Fourth of July Creek a tributary of the Lake Fork Gunnison River.Appropriation initiated on June 30, 1985 by construction of pond and feeder pipeline. Waterapplied to beneficial use on June 1, 1986 for piscatorial and stock watering. Amount claimed 2.0cfs absolute. CLAIM NO. 4 APPLICATION FOR STORAGE RIGHT TROUT CREEK PONDat a point in the NW¼NW¼ Section 33 Township 46 North, Range 3 West, N.M.P.M.approximately 2450 feet from the north section line and 150 feet from the east section line ofsaid Section 33. Pond is off-channel and is filled by Trout Creek Feeder Pipeline describedabove at the rate of 1.4 cfs. Source: Trout Creek, a tributary of the Lake Fork Gunnison River.Appropriation initiated on June 30, 2000 by construction of pond and feeder pipeline. Applied tobeneficial use on June 1, 2001 for piscatorial and stock watering. Amount claimed 1.6 acre feetabsolute. Dimensions of pond in application. CLAIM NO. 5 APPLICATION FOR STORAGERIGHT GUEST HOUSE POND at a point in the NE¼SE¼ Section 24, Township 46 North,Range 4 West, N.M.P.M. approximately 2550 feet from south line and 1000 feet from east lineof said Section 24. Guest House Pond is off-channel and is filled by Guest House Pond Feeder

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Pipeline as described above at the rate of 2.8 cfs. Appropriation initiated on June 30, 1987 byconstruction of pond and feeder pipeline. Applied to beneficial use on August 1, 1987 forpiscatorial use. Amount claimed: 3.0 acre-feet absolute. Dimensions of pond in application.CLAIM NO. 6 APPLICATION FOR STORAGE RIGHT FOURTH OF JULY POND inunmapped section at Latitude 38E09N32O North, Longitude 107E16N44O West; UTMCoordinates 13S Easting 300327, Northing 4225726. Fourth of July Pond is off-channel and isfilled by Fourth of July Feeder Pipeline as described above at the rate of 2.0 cfs. Source: Fourthof July Creek, a tributary of the Lake Fork Gunnison River. Appropriation initiated on June 30,1985 by construction of pond and feeder pipeline. Water applied to beneficial use on June 1,1986 for piscatorial and stock watering. Amount claimed: 1.8 acre-feet absolute. Dimensionsof pond in application. CLAIM NO. 7 APPLICATION FOR APPROVAL OF PLAN FORAUGMENTATION. Structures to be augmented: Trout Creek Pond, Guest House Pond andFourth of July Pond. Previous decree for water rights to be used for augmentation: The waterright decreed to Blue Mesa Reservoir out of the Gunnison River in Case No. 80CW156 for940,755 acre-feet with priority date of November 13, 1957 for domestic and municipal,irrigation and stock watering, industrial, hydropower, piscatorial, wildlife, recreation and otherpurposes. The initial point of survey of Blue Mesa Dam is located at a point on the rightabutment being the intersection of the center line of the axis of the dam and of the center line ofthe outlet works tunnel, whence the SW corner of Section 31, Township 49 North, Range 4West, N.M.P.M. bears North 78º36N44OWest a distance of 3,207.07 feet. This water right hasbeen used historically for all of its decreed purposes. Applicant will enter into a water servicecontract with the United States of America for 2.0 acre-feet of water from Blue Mesa Reservoir.Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9),302(1)(2) and 305(8). Applicant intends this plan for augmentation to replace evaporation fromTrout Creek Pond, Guest House Pond and Fourth of July Pond in order to allow water to flowthrough the ponds continuously. The total surface area is 0.81 acres and the total annualevaporation is 1.44 acre-feet as shown on Exhibit A attached hereto. Applicant intends only toaugment as against calls from downstream of Blue Mesa. Accordingly, Applicant will enter intoa water service contract with the United States of America for 2.0 acre-feet of water from BlueMesa Reservoir. The monthly amounts are too small to administer on a monthly basis.Consequently, the 2.0 acre-feet should be released from Blue Mesa Reservoir at the discretion ofthe Division Engineer. Applicant owns the land upon which all structures are located except forBlue Mesa Reservoir which is owned by the United States of America. Gunnison County.

17) Case No. 02CW241, C. Lamar Norsworthy c/o John R. Hill, Jr., P.O. Box 669, Gunnison,CO 81230, (970) 641-1903. APPLICATION FOR CHANGE OF WATER RIGHT. E. P.WILSON NO. 2 FEEDER PUMP SITE TO THE ENLARGEMENT OF THE CRAIG DITCH.2.0 cfs of the E. P. Wilson No. 2 Feeder Pump Site to the Enlargement of the Craig Ditch No.272, Priority No. 424, 2.0 cfs for irrigation. This right was originally decreed in Civil ActionNo. 6981 in the District Court, Montrose County, on March 30, 1960 for 5.0 cfs for irrigation.This right was changed in Case No. W-2306, District Court, Water Division No. 4 to theheadgate of the Craig Ditch and changed again in Case No. 86CW36, District Court, WaterDivision No. 4. The present decreed point of diversion is at a point on the right (descending)bank of the Lake Fork Gunnison River South 81E00N West 675 feet from the east quarter cornerof Section 24, Township 46 North, Range 4 West, N.M.P.M. This right has historically irrigatedapproximately eleven acres in the SW¼NW¼ Section 19 Township 46 North, Range 3 West,N.M.P.M. and the SE¼NE¼ and NE¼SE¼ Section 24 Township 46 North, Range 4 West,N.M.P.M. Proposed changes: Change point of diversion of 1.00 cfs to a point in the NW¼SE¼Section 24, Township 46 North, Range 4 West, N.M.P.M. on the right (descending) bank of the

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Lake Fork Gunnison River approximately 1400 feet from the east section line and 1700 feet fromthe south section line of said Section 24. Change point of diversion of 1.0 cfs to the Guest HousePond Feeder Pipeline located at point in the NE¼SE¼ Section 24, Township 46 North, Range 4West, N.M.P.M. approximately 2300 feet from south line and 1200 feet from east line of saidSection 24. Change use and place of use of 1.0 cfs to piscatorial in Guest House Pond located ata point in the NE¼SE¼ Section 24, Township 46 North, Range 4 West, N.M.P.M.approximately 2550 feet from south line and 1000 feet from east line of said Section 24.Applicant is the owner of land upon which structures are located. Gunnison County.

18) Case No. 02CW242, Gary D. and Carolyn F. Achenbach c/o John R. Hill, Jr., P.O. Box669, Gunnison, CO 81230, (970) 641-1903. APPLICATION FOR WATER RIGHT(SURFACE). ACHENBACH SPRING located at UTM Zone 13 317765 Easting 4305260Northing. Source: Spring Tributary to Lake Irwin tributary to Anthracite Creek. Appropriationinitiated during 1991 by development of spring and piping water to cistern and cabin fordomestic use. Water put to beneficial use on June 1, 1992. Amount claimed: 0.001 cfs absolute.Use: Domestic including irrigation of small lawn of approximately .01 acres in immediatevicinity of cabin located at UTM Zone 13 317712 Easting and 4305262 Northing. Name(s) andaddress(es) of owner(s) of land on which structure(s) is (are) located: United States of America,administered by the Forest Service, USDA, Gunnison Ranger District, 216 North Colorado,Gunnison, CO 81230. Gunnison County.

19) case No. 02CW243, Crested Butte South Metropolitan District, c/o Rufus O. Wilderson,Wilderson, O’Hayre, Dawson, McGinty & Frazier, P.C., P.O. Box 179, Gunnison, CO 81230;Application for Surface Water Rights: DIETRICH SPRING NO. 1. Located in the SE ¼ SW ¼NW ¼ of Section 27, Township 14 South, Range 86 West, 6th P.M. 1250 feet east of the westline and 2200 feet south of the north line of said Section 27. Source of Water: Gunnison River.Decree for 0.75 c.f.s. conditional; Appropriation Date: June 2002; Use: Domestic, Sanitation,Fire Protection, and Commercial. Gunnison County.

20) CASE NO. 02CW244 – GUNNISON COUNTY – WASHINGTON GULCH,TRIBUTARY TO SLATE RIVER, TRIBUTARY TO EAST RIVER, TRIBUTARY TOGUNNISON RIVER. Name and address of Applicants: Dolores G. LaVigne, 415 Texas Street,Suite 301, Shreveport, LA 71101, c/o Scott Balcomb, Balcomb & Green, P.C., P.O. Drawer 790,Glenwood Springs, CO 81602, (970) 945-6546; Moon Ridge Subdivision Association, Inc., c/oDavid Hallford, Esq., Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO81602, (970) 945-2261. Application for Change of Water Right. Decreed Name of Structure forWhich Change Is Sought: Moon Ridge Pond. Info. From Original Decree: Date Entered:12/29/1995; Case No.: 95CW13; Ct.: Dist. Ct., Water Div. No. 4. Decreed location: Moon RidgePond is an off-channel reservoir filled by the Rena's Ditch First Enlargement. Locatedapproximately 400 ft. from the E. line and 3300 ft. from the N. line of Sec. 35, T. 13 S., R. 86W., 6th P.M. The dam and outlet of Moon Ridge Pond is approximately 1530 ft. from the E. lineand 1140 ft. from the N. line of Sec. 35, T. 13 S., R. 86 W., 6th P.M. Source: Washington Gulch,tributary to Slate River, tributary of East River, tributary to Gunnison River. Appropriation Date:07/01/1994. Amt.: 12 a.f. (at a fill rate of 3.0 cfs). Historic Use: Augmentation of depletionscaused by Moon Ridge Wells A and B; year-round recreation and fish propagation. ProposedChange: To correct the legal description of the Pond to conform to the as-built location, which islocated in the SE quarter NW quarter SE quarter of Sec. 35, T. 13 S., R. 86 W., 6th P.M., at apoint approximately 1500 ft. W. of the E. sec. line and 1450 ft. N. of the S. sec. line. No changein type or place of use is requested. No enlargement of use will occur, and the change will not

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result in injury to any vested or decreed conditional water rights. Name and address of owners oflands on which Pond is located: Applicants. Name and address of owners of lands on whichplace of use will occur: Applicants and owners of lots in the Moon Ridge Subdivision, to theextent that the Moon Ridge Pond provides augmentation releases for the benefit of theSubdivision. A list of the owners of lots in the Subdivision is set forth in Exhibit A, attached tothe application filed with the Ct. As a result of the change of water right there will be no injury toany owner of or persons entitled to use water under a vested water right or decreed conditionalwater right. Gunnison County.

21) Case No. 02CW245, Idarado Mining Company, a Delaware Corporation, c/o James S.Witwer, Trout, Witwer & Freeman, P.C., 1120 Lincoln St., Denver, Colorado, 80203, (303)-861-1963, Ext. 129. Application for Surface Water Rights and for Approval of AugmentationPlan. Idarado Mining Company (“Idarado”) owns property and mining facilities in the RedMountain Creek (also known as Red Creek) basin, which drains to the Uncompahgre River, inOuray County. Idarado also owns property and mining facilities near the Town of Telluride inthe San Miguel River basin, in San Miguel County. These two mining sites are connected by anetwork of underground mine workings (i.e., tunnels and raises) developed by Idarado and itspredecessors. As part of its remediation activities at the Red Mountain site, Idarado wasrequired, among other things, to establish and maintain vegetation stabilizing its mill tailing pilesand to divert water from the Treasury Tunnel mine portal to a down-gradient infiltration system.In order to irrigate vegetation established on its Red Mountain tailing piles, Idarado previouslyobtained judicial confirmation of storage and direct flow water rights and approval of a plan toaugment out-of-priority diversions associated therewith in decrees entered in Case Nos. 91CW11and 97CW146 on November 8, 1991, and August 24, 2000, respectively. This application seeksjudicial confirmation of additional storage and direct flow water rights associated with theirrigation of the vegetation stabilizing the Red Mountain tailing piles and judicial confirmation ofa direct flow water right associated with water diverted from the Treasury Tunnel, in the RedMountain Creek basin, and pumped through Idarado facilities to the San Miguel River basin.The application also seeks approval of an augmentation plan for certain out-of-priority diversionsin the Red Mountain Creek basin. Application for Surface Water Rights. Water rightsclaimed: 1. Spirit Gulch Diversion (a) Legal description: (Note: Land lines, including sectionlines, within the U.S.G.S. Ironton Quadrangle, in which this water structure is found, are notavailable because of alleged fraud or defects in the surveys. UTM coordinates have beenprovided in addition to legal descriptions tied to U.S.L.M. points.) The Spirit Gulch Diversion islocated at a point on Spirit Gulch up-stream approximately 1750 ft. above the confluence ofCommodore Creek with Spirit Gulch, situated in suspended Township 42 North, Range 8 West,New Mexico Principle Meridian, Ouray County, State of Colorado, more particularly describedas follows: Commencing at U.S.L.M. "NEY" from which the U.S.L.M. "SB" bears N 81º39'53"E(Basis of Bearing). Thence S 73º20'39"E 4010.71 ft. to the above described diversion point.UTM • Zone 13 • NAD 27 Coordinates in meters: Northing: 4200319.2590, Easting:262124.1370, Description: Spirit Gulch Diversion.(b) Amount: 2.0 cfs, absolute. (c) Source:Spirit Gulch, a tributary to Red Mountain Creek. (d) Date of initiation of appropriation: on orbefore June 30, 1995. (e) How appropriation was initiated: Diversion to the irrigation pipingsystem at Barstow Pond. (f) Date water applied to beneficial use: on or before July 14, 1995. (g)Uses: Irrigation, Mining and Milling (including Dust Suppression and otherRemediation/Reclamation uses), Exchange, Augmentation and other related beneficial uses. (h)Number of acres to be irrigated: Approximately 44.5 acres. (i) Legal description of acreage to beirrigated: Red Mountain Tailing piles 1, 2, 3 and 4 (RMT-1, RMT-2, RMT-3 and RMT-4,respectively) as shown in Exhibit C, attached to the application, and as reclaimed during the

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1990s as shown in Exhibit D, attached to the application. RMT-1 is approximately located atnorthing 47180, easting 55480 and elevation 10525 (point 99 on Exhibit D-1), rangingapproximately 30' to the northeast and 90' to the southwest. RMT-2 is approximately located atnorthing 48216, easting 99565 and elevation 10450 (point 334 on Exhibit D-2), rangingapproximately 180' to the northeast and 270' to the southwest. RMT-3 is approximately locatedat northing 48838, easting 56057 and elevation 10317 (point 104 on Exhibit D-4), rangingapproximately 500' to the south and 50' to the north. RMT-4 is approximately located atnorthing 55245, easting 63962 and elevation 9752 (point 123 on Exhibit D-6), rangingapproximately 75' to the northeast and 1650' to the southwest. (j) Ownership of land on whichstructure is located: Applicant and U.S.D.A. Forest Service, Robert L. Storch, Forest Supervisor,2250 Highway 50, Delta, CO, 81416. Idarado Mining Company. (k) Ownership of land on whichbeneficial use will be made: Applicant. 2. Commodore Creek Diversion No. 3: (a) Legaldescription: (Note: Land lines, including section lines, within the U.S.G.S. Ironton Quadrangle,in which this water structure is found, are not available because of alleged fraud or defects in thesurveys. UTM coordinates have been provided in addition to legal descriptions tied to U.S.L.M.points.) Commodore Creek Diversion No. 3 is located at a point on Commodore Creek up-stream approximately 2150 ft. above the confluence of Spirit Gulch with Commodore Creek,situated in suspended Township 42 North, Range 8 West, New Mexico Principle Meridian,Ouray Count, State of Colorado, more particularly described as follows: Commencing atU.S.L.M. "NEY" from which the U.S.L.M. "S.B." bears N 81º39'53"E (Basis of Bearing).Thence S 61º07'08"E 3908.47 ft. to the above described diversion point. UTM • Zone 13 • NAD27 Coordinates in meters: Northing: 4200098.1100, Easting: 261989.6490, Description:Commodore Creek Diversion. (b) Amount: 2.0 cfs, absolute. (c) Source: Commodore Creek, atributary to Red Mountain Creek. (d) Date of initiation of appropriation: on or before June 30,1995. (e) How appropriation was initiated: Diversion to the irrigation piping system at BarstowPond. (f) Date water applied to beneficial use: on or before July 14, 1995. (g) Uses: Irrigation,Mining and Milling (including Dust Suppression and other Remediation/Reclamation uses),Exchange, Augmentation and other related beneficial uses. (h) Number of acres to be irrigated:Approximately 44.5 acres. (i) Legal description of acreage to be irrigated: Red Mountain Tailingpiles 1, 2, 3 and 4 (RMT-1, RMT-2, RMT-3 and RMT-4, respectively) as shown in Exhibit C,attached to the application, and as reclaimed during the 1990s as shown in Exhibit D, attached tothe application. RMT-1 is approximately located at northing 47180, easting 55480 and elevation10525 (point 99 on Exhibit D-1), ranging approximately 30' to the northeast and 90' to thesouthwest. RMT-2 is approximately located at northing 48216, easting 99565 and elevation10450 (point 334 on Exhibit D-2), ranging approximately 180' to the northeast and 270' to thesouthwest. RMT-3 is approximately located at northing 48838, easting 56057 and elevation10317 (point 104 on Exhibit D-4), ranging approximately 500' to the south and 50' to the north.RMT-4 is approximately located at northing 55245, easting 63962 and elevation 9752 (point 123on Exhibit D-6), ranging approximately 75' to the northeast and 1650' to the southwest. (j)Ownership of land on which structure is located: U.S.D.A. Forest Service, Robert L. Storch,Forest Supervisor, 2250 Highway 50, Delta, CO, 81416. (k) Ownership of land on whichbeneficial use will be made: Applicant. 3. Barstow Pond: (a) Legal description: (Note: Landlines, including section lines, within the U.S.G.S. Ironton Quadrangle, in which this waterstructure is found, are not available because of alleged fraud or defects in the surveys. UTMcoordinates have been provided in addition to legal descriptions tied to U.S.L.M. points.) TheCenter of the Barstow Pond is located between Spirit Gulch and Commodore Creek,approximately 1600 ft. above the confluence of both, situated in suspended Township 42 North,Range 8 West, New Mexico Principle Meridian, Ouray County, State of Colorado, moreparticularly describes as follows: Commencing at U.S.L.M. "NEY" from which the U.S.L.M.

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"SB" bears N 81º39'53"E (Basis of Bearing) Thence S 69º33'11"E 4153.09 ft. to the abovedescribed pond center. UTM • Zone 13 • NAD 27 Coordinates in meters: Northing:4200227.0540, Easting: 262136.3940, Description: Barstow Pond. (b) Amount: 2 AF, to be filledand refilled continuously at a rate of 4.0 cfs. (c) Sources: (i) Commodore Creek, a tributary toRed Mountain Creek, 2.0 cfs fill rate. Legal description of filler ditch point of diversion: (Note:Land lines, including section lines, within the U.S.G.S. Ironton Quadrangle, in which this waterstructure is found, are not available because of alleged fraud or defects in the surveys. UTMcoordinates have been provided in addition to legal descriptions tied to U.S.L.M. points.)Commodore Creek Diversion No. 3 is located at a point on Commodore Creek up-streamapproximately 2150 ft. above the confluence of Spirit Gulch with Commodore Creek, situated insuspended Township 42 North, Range 8 West, New Mexico Principle Meridian, Ouray Count,State of Colorado, more particularly described as follows: Commencing at U.S.L.M. "NEY"from which the U.S.L.M. "S.B." bears N 81º39'53"E (Basis of Bearing). Thence S 61º07'08"E3908.47 ft. to the above described diversion point. UTM • Zone 13 • NAD 27 Coordinates inmeters: Northing: 4200098.1100, Easting: 261989.6490, Description: Commodore CreekDiversion; and (ii) Spirit Gulch, a tributary to Red Mountain Creek, 2.0 cfs fill rate. Legaldescription of filler ditch point of diversion: (Note: Land lines, including section lines, within theU.S.G.S. Ironton Quadrangle, in which this water structure is found, are not available because ofalleged fraud or defects in the surveys. UTM coordinates have been provided in addition to legaldescriptions tied to U.S.L.M. points.) The Spirit Gulch Diversion is located at a point on SpiritGulch up-stream approximately 1750 ft. above the confluence of Commodore Creek with SpiritGulch, situated in suspended Township 42 North, Range 8 West, New Mexico PrincipleMeridian, Ouray County, State of Colorado, more particularly described as follows:Commencing at U.S.L.M. "NEY" from which the U.S.L.M. "SB" bears N 81º39'53"E (Basis ofBearing). Thence S 73º20'39"E 4010.71 ft. to the above described diversion point. UTM • Zone13 • NAD 27 Coordinates in meters: Northing: 4200319.2590, Easting: 262124.1370,Description: Spirit Gulch Diversion. (d) Date of initiation of appropriation: on or beforeSeptember 1, 1990. (e) How appropriation was initiated: Excavation of Barstow Pond. (f) Datewater applied to beneficial use: on or before July 14, 1995. (g) Uses: Irrigation, Mining andMilling (including Dust Suppression and other Remediation/Reclamation uses), Exchange,Augmentation and other related beneficial uses. (h) Number of acres to be irrigated:Approximately 44.5 acres. (i) Legal description of acreage to be irrigated: Red Mountain Tailingpiles 1, 2, 3 and 4 (RMT-1, RMT-2, RMT-3 and RMT-4, respectively) as shown in Exhibit C,attached to the application, and as reclaimed during the 1990s as shown in Exhibit D, attached tothe application. RMT-1 is approximately located at northing 47180, easting 55480 and elevation10525 (point 99 on Exhibit D-1), ranging approximately 30' to the northeast and 90' to thesouthwest. RMT-2 is approximately located at northing 48216, easting 99565 and elevation10450 (point 334 on Exhibit D-2), ranging approximately 180' to the northeast and 270' to thesouthwest. RMT-3 is approximately located at northing 48838, easting 56057 and elevation10317 (point 104 on Exhibit D-4), ranging approximately 500' to the south and 50' to the north.RMT-4 is approximately located at northing 55245, easting 63962 and elevation 9752 (point 123on Exhibit D-6), ranging approximately 75' to the northeast and 1650' to the southwest. (j)Ownership of land on which structure is located: U.S.D.A. Forest Service, Robert L. Storch,Forest Supervisor, 2250 Highway 50, Delta, CO, 81416. (k) Ownership of land on whichbeneficial use will be made: Applicant. (l) Capacity of Barstow Pond: 2.2 AF, with 2.0 AF oflive storage and .2 AF of dead storage. 4. Treasury Tunnel Pump: (a) Legal description: (Note:Land lines, including section lines, within the U.S.G.S. Ironton Quadrangle, in which this waterstructure is found, are not available because of alleged fraud or defects in the surveys. UTMcoordinates have been provided in addition to legal descriptions tied to U.S.L.M. points.)The

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Treasure Tunnel pump is located East of U.S. Highway 550 at the Idarado Mining Company sitesituated in suspended Township 42 North, Range 8 West, New Mexico Principle Meridian,Ouray County, State of Colorado more particularly described as follows: Commencing atU.S.L.M. "NEY" from which the U.S.L.M. "SB" bears N 81º39'53"E (Basis of Bearing). ThenceS 53º11'26"E, 6287.45 ft. to the above described pump. UTM • Zone 13 • NAD 27 Coordinatesin meters: Northing: 4199511.3890, Easting: 262463.9320, Description: Treasury Tunnel Pump.(b) Amount: .2 cfs. (c) Source: Treasury Tunnel portal. (d) Date of initiation of appropriation:June 13, 1997. (e) How appropriation was initiated: Installation of the Treasury Tunnel Pump.(f) Date water applied to beneficial use: June 30, 1997. (g) Uses: Mining and Milling (includingRemediation/Reclamation), Exchange, Augmentation and other related beneficial uses. (h)Ownership of land on which structure is located: Applicant. (i) Ownership of land on whichbeneficial use will be made: Applicant. Historic uses and manner of operation: Since on orbefore July 14, 1995, water has been diverted from Commodore Creek and Spirit Gulch toirrigate the vegetation established to stabilize Red Mountain tailing piles #2 (RMT2) and #3(RMT3). This water is first diverted to Barstow Pond and then piped from the pond to theirrigation system for RMT2 and RMT3. Water stored in Barstow Pond from the same diversionpoints on Commodore Creek and Spirit Gulch provides a steady head of pressure for theirrigation system and provides approximately 2 acre-feet of storage for irrigation water. At theTreasury Tunnel portal, water from the portal flows to the Treasury weep line system forinfiltration into the ground. At times when the tunnel flow exceeds the capacity of the Treasuryweep line system, tunnel water has been pumped back through Idarado’s underground facilitiesto the Meldrum Tunnel portal in the San Miguel River basin where it flows to the Meldrum weepline system. This diversion, the Treasury Tunnel Pump, prevents over-saturation of the Treasuryweep line infiltration system soils. Application for Approval of Plan for Augmentation.Names and locations of the structures to be augmented: Out-of-priority diversions from thefollowing structures, hereinafter collectively referred to as the “Structures to be Augmented,”will be augmented as described below. 1. Treasury Tunnel Pump: Legal description: (Note:Land lines, including section lines, within the U.S.G.S. Ironton Quadrangle, in which this waterstructure is found, are not available because of alleged fraud or defects in the surveys. UTMcoordinates have been provided in addition to legal descriptions tied to U.S.L.M. points.) TheTreasure Tunnel Pump is located East of U.S. Highway 550 at the Idarado Mining Company sitesituated in suspended Township 42 North, Range 8 West, New Mexico Principle Meridian,Ouray County, State of Colorado more particularly described as follows: Commencing atU.S.L.M. "NEY" from which the U.S.L.M. "SB" bears N 81º39'53"E (Basis of Bearing). ThenceS 53º11'26"E, 6287.45 ft. to the above described pump. UTM • Zone 13 • NAD 27 Coordinatesin meters: Northing: 4199511.3890, Easting: 262463.9320, Description: Treasury Tunnel Pump.2. Spirit Gulch Diversion: (a) Legal description: (Note: Land lines, including section lines,within the U.S.G.S. Ironton Quadrangle, in which this water structure is found, are not availablebecause of alleged fraud or defects in the surveys. UTM coordinates have been provided inaddition to legal descriptions tied to U.S.L.M. points.) The Spirit Gulch Diversion is located at apoint on Spirit Gulch up-stream approximately 1750 ft. above the confluence of CommodoreCreek with Spirit Gulch, situated in suspended Township 42 North, Range 8 West, New MexicoPrinciple Meridian, Ouray County, State of Colorado, more particularly described as follows:Commencing at U.S.L.M. "NEY" from which the U.S.L.M. "SB" bears N 81º39'53"E (Basis ofBearing). Thence S 73º20'39"E 4010.71 ft. to the above described diversion point. UTM • Zone13 • NAD 27 Coordinates in meters: Northing: 4200319.2590, Easting: 262124.1370,Description : Spirit Gulch Diversion. 3. Commodore Creek Diversion No. 3 (a) Legaldescription: (Note: Land lines, including section lines, within the U.S.G.S. Ironton Quadrangle,in which this water structure is found, are not available because of alleged fraud or defects in the

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surveys. UTM coordinates have been provided in addition to legal descriptions tied to U.S.L.M.points.) Commodore Creek Diversion No. 3 is located at a point on Commodore Creek up-streamapproximately 2150 ft. above the confluence of Spirit Gulch with Commodore Creek, situated insuspended Township 42 North, Range 8 West, New Mexico Principle Meridian, Ouray Count,State of Colorado, more particularly described as follows: Commencing at U.S.L.M. "NEY"from which the U.S.L.M. "S.B." bears N 81º39'53"E (Basis of Bearing). Thence S 61º07'08"E3908.47 ft. to the above described diversion point. UTM • Zone 13 • NAD 27 Coordinates inmeters: Northing: 4200098.1100, Easting: 261989.6490, Description: Commodore CreekDiversion. 4. Gray Copper Diversion: (a) Legal description: The Gray Copper Diversion islocated at a point on Gray Copper Gulch 650 feet from the West section line and 1,200 feet fromthe South section line in the SW1/4 of the SW1/4 of Section 32, Township 43 North, Range 7West, N.M.P.M. Water Rights To Be Used For Augmentation: The water rights to be used foraugmentation include the aforementioned water storage rights for the Barstow Pond and thosewater storage rights for Ptarmigan Lake and Ptarmigan Pond as decreed on July 25, 2000, inCase No. 97CW146, by the District Court, Water Division 4. These water storage rights arehereinafter collectively referred to as the “Replacement Sources” and include: 1. Ptarmigan LakeDam: (a) Legal Description: Ptarmigan Lake Dam is located in the SW1/4 of the SE1/4 ofSection 3, Township 42 North, Range 8 West, N.M.P.M., at a point 1950 feet from the Eastsection line and 1,250 feet from the South section line. (b) Amount: 30 acre-feet (Absolute). (c)Source: Unnamed tributary of Commodore Creek. (d) Date of initiation of appropriation:August 23, 1990. (e) Uses: Irrigation, Mining and Milling (applicable only to reclamationactivities), Exchange and Augmentation. 2. Ptarmigan Pond Dam: (a) Legal Description:Ptarmigan Lake Pond is located in the SW1/4 of SE1/4 of Section 3, Township 42 North, Range8 West, N.M.P.M., at 1700 feet from the East section line and 1,500 feet from the South sectionline. (b) Amount: 7.5 acre-feet (Absolute). (c) Source: Unnamed tributary of CommodoreCreek. (d) Date of initiation of appropriation: August 23, 1990. (e) Uses: Irrigation, Mining andMilling (applicable only to reclamation activities), Exchange and Augmentation. 3. BarstowPond: (a) Legal description: (Note: Land lines, including section lines, within the U.S.G.S.Ironton Quadrangle, in which this water structure is found, are not available because of allegedfraud or defects in the surveys. UTM coordinates have been provided in addition to legaldescriptions tied to U.S.L.M. points.) The Center of the Barstow Pond is located between SpiritGulch and Commodore Creek, approximately 1600 ft. above the confluence of both, situated insuspended Township 42 North, Range 8 West, New Mexico Principle Meridian, Ouray County,State of Colorado, more particularly describes as follows: Commencing at U.S.L.M. "NEY"from which the U.S.L.M. "SB" bears N 81º39'53"E (Basis of Bearing) Thence S 69º33'11"E4153.09 ft. to the above described pond center. UTM • Zone 13 • NAD 27 Coordinates inmeters: Northing: 4200227.0540, Easting: 262136.3940, Description: Barstow Pond. (b)Amount: 2 AF, to be filled and refilled continuously at a rate of 4.0 cfs. (c) Sources:Commodore Creek (at a fill and refill rate of 2.0 cfs) and Spirit Gulch (at a fill and refill rate of2.0 cfs), both tributaries to Red Mountain Creek. (d) Date of initiation of appropriation: June 30,1995. (e) Uses: Irrigation, Mining and Milling (including Dust Suppression and otherRemediation/Reclamation uses), Exchange, Augmentation and other related beneficial uses.Historic uses: (1) Ptarmigan Lake and Ptarmigan Pond: Ptarmigan Lake and Ptarmigan Pond areinterconnected. Ptarmigan Lake, the larger of the two, occupies a natural basin at or near theheadwaters of an unnamed tributary of Commodore Creek, which is a tributary of Red MountainCreek. Presently, water stored in Ptarmigan Lake is released to fill and refill Ptarmigan Pond asreleases are made from Ptarmigan Pond to the unnamed tributary of Commodore Creek for theApplicant’s diversion and use downstream. At times when Ptarmigan Pond is full, waterreleased from Ptarmigan Lake may be passed through Ptarmigan Pond to the unnamed tributary

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of Commodore Creek for the Applicant’s diversion and use downstream. As decreed in CaseNo. 97CW146, District Court, Water Division No. 4, the Applicant has the absolute right to usewater stored in Ptarmigan Lake and Ptarmigan Pond directly, by exchange and for augmentationand replacement of out-of-priority diversions from Commodore Creek and Gray Copper Creek,both tributaries to Red Mountain Creek. (2) Barstow Pond: Since on or before July 14, 1995,Barstow Pond has been filled and refilled by diversions from Commodore Creek and SpiritGulch to maintain a steady head of pressure for the irrigation system for the Red Mountaintailing piles and to provide storage for irrigation water. A stand pipe in Barstow Pond feeds theirrigation system, which is controlled by a valve located below the pond structure. Excess wateroverflows the pond and returns to Commodore Creek above its confluence with Spirit Gulch.Statement of Plan for Augmentation: (1) Treasury Tunnel Pump Augmentation: At times whenthe Treasury Tunnel Pump diversions are out of priority, the Applicant will cause waterpreviously stored in priority under the Replacement Sources to be released. In the case ofreleases from Ptarmigan Lake and Ptarmigan Pond, water will be released to the unnamedtributary of Commodore Creek, whence such water will be conducted by gravity downstream tothe confluence of the unnamed tributary and Commodore Creek and beyond in CommodoreCreek to its confluence with Red Mountain Creek. In the case of the releases from BarstowPond, water will be released to Commodore Creek, whence such water will be conducted bygravity downstream in Commodore Creek to its confluence with Red Mountain Creek.Authorization of this plan will allow the Applicant to divert water out of priority at the TreasuryTunnel Pump, in such amounts and at such times as water previously stored in priority andreleased from the Replacement Sources is present in Red Mountain Creek for augmentation. Allout-of-priority diversions will be fully augmented on a one-to-one basis. (2) Spirit GulchDiversion Augmentation: At times when the Spirit Gulch diversions are out of priority, theApplicant will cause water previously stored in priority in the Replacement Sources to bereleased. In the case of releases from Ptarmigan Lake and Ptarmigan Pond, water will bereleased to the unnamed tributary of Commodore Creek, whence such water will be conductedby gravity downstream to the confluence of the unnamed tributary and Commodore Creek andbeyond in Commodore Creek to its confluence with Red Mountain Creek. In the case of thereleases from Barstow Pond, storage water will be released to Commodore Creek, whence suchwater will be conducted by gravity downstream in Commodore Creek to its confluence with RedMountain Creek. Authorization of this plan will allow the Applicant to divert water out ofpriority at the Spirit Gulch Diversion, in such amounts and at such times as water previouslystored in priority and released from the Replacement Sources is present in Red Mountain Creekfor augmentation. All out-of-priority diversions will be fully augmented on a one-to-one basis.(3) Commodore Creek Diversion No. 3 Augmentation: At times when diversions at CommodoreCreek Diversion No. 3 are out of priority, the Applicant will cause water previously stored inpriority in the Replacement Sources to be released. In the case of releases from Ptarmigan Lakeand Ptarmigan Pond, water will be released to the unnamed tributary of Commodore Creek,whence such water will be conducted by gravity downstream to the confluence of the unnamedtributary and Commodore Creek and beyond in Commodore Creek to its confluence with RedMountain Creek. In the case of the releases from Barstow Pond, storage water will be releasedto Commodore Creek, whence such water will be conducted by gravity downstream inCommodore Creek to its confluence with Red Mountain Creek. Authorization of this plan willallow the Applicant to divert water out of priority at the Commodore Creek Diversion No. 3, insuch amounts and at such times as water previously stored in priority and released from theReplacement Sources is present in Red Mountain Creek for augmentation. All out-of-prioritydiversions will be fully augmented on a one-to-one basis. (4) Gray Copper DiversionAugmentation: As decreed in Case No. 97CW146, District Court, Water Division No. 4, the

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Applicant has the absolute right to use water stored in Ptarmigan Lake and Ptarmigan Pond byexchange and for augmentation and replacement of out-of-priority diversions from Gray CopperCreek, a tributary to Red Mountain Creek. Approval of the currently proposed augmentationplan would also allow out-of-priority diversions at the Gray Copper Diversion in such amountsand at such times as water previously stored in priority and released from Barstow Pond ispresent at the confluence of Gray Copper Creek and Red Mountain Creek. Water released fromBarstow Pond would flow into Commodore Creek to its confluence with Red Mountain Creek,whence it would flow by gravity to the confluence of Red Mountain Creek and Gray CopperCreek. All out-of-priority diversions will be fully augmented on a one-to-one basis. OurayCounty.

22) Case No. 02CW246, I. Name and Address of Applicants: Tim J. Manzagol and SheilaManzagol, 5636 County Road 23, Ridgway, CO 81432, (970) 626-4181. Name and Address ofAttorney for Applicants: Steven T. Monson, Felt, Monson & Culichia, LLC, 319 N. WeberSt., Colorado Springs, CO 80903; (719) 471-1212. II. Name of Structures: A. ShiningMountain Spring. B. Patsy’s Spring. C. Brittney’s Spring. D. Quaking Aspens Spring. III. LegalDescription of Points of Diversion: A. Shining Mountain Spring. This spring is located in theSE1/4 NE1/4 of Section 4, Township 44 North, Range 8 West, N.M.P.M. and has three points ofdiversion. The first point of diversion is at the location of the emergence of the spring at a point2,480 feet from the north line and 610 feet from the east line of said section. The second point ofdiversion is located down gradient in the natural drainage in which the spring waters re-emergeand flow at a point 2,310 feet from the north line and 690 feet from the east line of said section.The third point of diversion is located down gradient in the natural drainage in which the springwaters flow at a point 2,160 feet from the north line and 660 feet from the east line of saidsection. B. Patsy’s Spring. This spring is located in the SE1/4 NE1/4 of Section 4, Township 44North, Range 8 West, N.M.P.M. and has two points of diversion. The first point of diversion is atthe location of the emergence of the spring at a point 2,030 feet from the north line and 590 feetfrom the east line of said section. The second point of diversion is located down gradient in thenatural drainage in which the spring waters flow at a point 1,700 feet from the north line and 540feet from the east line of said section. C. Brittney’s Spring. This spring is located in the SE1/4NE1/4 of Section 4, Township 44 North, Range 8 West, N.M.P.M. and has two points ofdiversion. The first point of diversion is at the location of the emergence of the spring at a point2,050 feet from the north line and 530 feet from the east line of said section. The second point ofdiversion is located down gradient in the natural drainage in which the spring waters flow at apoint 1,700 feet from the north line and 540 feet from the east line of said section. D. QuakingAspens Spring. This spring is located in the SE1/4 NE1/4 of Section 4, Township 44 North,Range 8 West, N.M.P.M. and has two points of diversion. The first point of diversion is at thelocation of the emergence of the spring at a point 2,110 feet from the north line and 490 feetfrom the east line of said section. The second point of diversion is located down gradient in thenatural drainage in which the spring waters flow at a point 1,700 feet from the north line and 540feet from the east line of said section. The separate points of diversion for each of the springs arealternate points of diversion to be used separately or in combination with each other fordiversions up to the maximum amount requested hereunder. The second point of diversion forPatsy’s Spring, Brittney’s Spring and Quaking Aspens Spring are at a common point. IV.Source: The source of all four springs is the tributary flows of an unnamed gulch, believed to betributary to Coal Creek, tributary to the Uncompahgre River. As the flows of the springs do notreach a live stream, the flows may be directly tributary to the Uncompahgre River. V.Appropriation: The appropriative acts of all four springs was completed on September 27, 2002by the Applicants’ survey of the location of the springs with the intent to appropriate water from

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the springs in the manner and for the beneficial uses set forth in this application. The water hasnot yet been applied for beneficial use. VI. Amount Claimed: A. Shining Mountain Spring: 25gpm, conditional. B. Patsy’s Spring: 10 gpm, conditional. C. Brittney’s Spring: 25 gpm,conditional. D. Quaking Aspens Spring: 15 gpm, conditional. VII. Uses: The uses for all foursprings are for domestic, irrigation, commercial, power generation, wetlands creation andpreservation, recreational, and wildlife enhancement purposes. The Applicants propose toirrigate approximately 9 acres of property within the SE1/4 NE1/4 of Section 4, Township 44North, Range 8 West, N.M.P.M. These uses are to be made from the above described points ofdiversion by means of the excavation of spring boxes at or near the point of emergence or re-emergence of the springs and also by small headgate structures in the natural drainage locatedbelow the points of emergence, with the transportation of the water to its places of use bypipelines and/or ditches. The spring boxes shall capture the natural spring discharge byinstallation of a near surface structure less than 10 feet in depth located at or within 50 feet of thesprings’ natural discharge point with the water to be conveyed by gravity flow or into a separatesump or storage. As such, the spring boxes shall be exempt from the definition of a well inaccordance with C.R.S. §37-92-103(14)(b). VIII. Names and Addresses of Owners Upon WhichStructures are Located: The above springs, all points of diversion, and the places of beneficialuse of the water rights are located upon land that is currently owned by Tom and Diane Hasserwhose address is 3039 Phoebe Trail N.W., Longville, MN 56655. The Applicants have enteredinto a September 4, 2002 Contract to Purchase with these owners whereby the Applicants havethe right to possession of this property and will be purchasing the subject property in accordancewith the terms of said contract. Ouray County.

23) Case No. 02CW247 (Ref. No. 80CW33 and 80CW34), Bob Teitler, P.O. Box 196,Gunnison, CO 81230; Application for Change of Water Right: COYOTE SPRING PONDAND YELLOW TURTLE PIPELINE. Coyote Spring Pond - Located beginning of thesouthwest corner of Section 31, Township 48 North, Range 2 east of the 6th P.M., on a direct linebetween the southwest corner and the west quarter corner of Section 31 to a point of traversewhich bears north 1º12’ east and distance of 2526.89 feet from said southwest corner; thence to apoint traverse which bears south 87º09’ east the distance of 2549.24 feet, thence to a point oftraverse which bears north 6º02’ east a distance of 1174.17 feet; thence to the approximate centerof said spring fed pond bearing south 50º10’ west a distance of 56.0 feet. Proposed Change:The change requested is to correct the legal description, since the decreed location is more than200 feet inaccurate, I would like to clarify the actual location. Source of Water: GunnisonRiver. Decree for .02 c.f.s.; Appropriation Date: July 15, 1977; Use: Stock watering. YellowTurtle Pipeline – Located beginning at the northwest corner of Section 31, Township 48 NorthRange 2 East of the 6th P.M., and on a direct line between said northwest corner of the Section 31and southwest corner of said Section 31, which bears south 10º40’30” east the distance of1340.96 feet to a point of traverse; thence along a line bearing south 62º47’50” east a distance of637.4 feet to said source. Source of Water: Gunnison River. Decree for .01 c.f.s.;Appropriation Date: July 15, 1977; Use: Domestic and Stock watering. Saguache County.

24) Case No. 02CW248, East River, Water District 59, Applicant: LACY AND DOW,LLC, Box 399, Crested Butte, CO 81224, (970) 349-5010, Attorney: Mathis & Associates,P.C., P.O. Box 1487, Montrose, CO 81401, (970) 249-2546. Type of application: CombinedApplications for Finding of Reasonable Diligence and to Make Conditional Water RightsAbsolute. Name of structures: Red Mountain Spring and Pipeline, Red Mountain Pond #1 andRed Mountain Pond #2. Location: Red Mountain Spring lies within the NW1/4 SE 1/4 ofSection 34, T. 14 S., R 85 W., 6th P.M., at a point 1,500 ft. from the S. line and 2,300 ft. from the

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E. line; the dam and outlet of Red Mountain Pond #1 lie approximately 1,200 ft. from the E. lineand 900 ft. from the S. line of Section 34, T. 14 S., R. 85 W., 6th P.M.; the dam and outlet of RedMountain Pond #2 lie approximately 1,100 ft. from the E. line and 650 ft. from the S. line ofSection 34, T. 14 S., R. 85 W., 6th P.M., all within Gunnison County, Colorado. Drainage basin:tributary to East River, a tributary of the Gunnison River. Quantity: Red Mountain Spring andPipeline, 0.03 c.f.s.; Red Mountain Pond #1, 8.00 acre feet; and Red Mountain Pond #2, 9.50acre feet. Type of use: Red Mountain Spring and Pipeline, domestic, Red Mountain Ponds # 1and 2, year-around recreation and piscatorial. Types of structure: spring, pipeline and two smallponds. Additional information: Construction was completed and each structure was applied tobeneficial use during the summer of 1998. The Combined Application contains a detailedexplanation of the work performed for the completion of appropriation and the application of thewater to beneficial use. Gunnison County.

25) Case No. 02CW249, Cottonwood Creek, Water District 68. Applicants: Joseph W.Hess and Janie M. Hess, 4378 Hwy. 348, Olathe, CO 81425 (970) 323-6723. Attorney: Mathis& Associates, P.C., P.O. Box 1487, Montrose, CO 81401, (970) 249-2546). Type of application:Combined Application for Change of Water Right. Name of Structure: Tidwell Ditch, DitchNo. 100. Location: From previous decree, "the headgate is located on the West side of said[Cottonwood] Creek, at a point whence the quarter stake on the South line of Section 17,Township 45, North of Range 8 West, bears North 61 degrees East 1262 feet distant". Drainagebasin: Cottonwood Creek, tributary to Uncompahgre River. Quantity: 0.25 c.f.s. Type of use:domestic. Type of structure: head gate and ditch. Additional information: Applicants requesta change of the decreed point of diversion of the Tidwell Ditch as noted in paragraph 5 to itshistoric and present point of diversion: on the west bank of Cottonwood Creek, at a pointwhence the north quarter corner of Section 20, Township 45 North, Range 8 West, N.M.P.M.bears North 46 degrees, 28 minutes, 41 seconds East 2173.68 feet, more or less. Applicants alsorequest an alternate point of diversion through the headgate of the Happy Hollow Ditch, which isdescribed by decree as "on the east bank of Cottonwood Creek at a point from whence the SW.1/4 [believed to refer to the south quarter corner] of Sec. 20, Twp. 45 N. R. 8 W. bears S. 28degrees 45 minutes W. 2396 feet distant". Lastly, Applicants request an alternate place of use,to wit: within the municipal water system of the Town of Ridgway. Interested parties arereferred to the application and exhibits thereto as filed with the Clerk of the Water Court, WaterDivision 4. Ouray County.

26) Case No. 02CW250, Gerald Blackwelder, 10456 South River Road, Montrose, CO81401; Application for Surface Water Rights: BLACKWELDER DITCHES A, B AND C.Located SW ¼ NW ¼, Section 2, Township 49 North, Range 10 West, N.M.P.M. Ditch A –1334’ from east and 1383’ from south. Ditch B – 506’ from east and 2062’ from south. Ditch C– 0.00’ from east and 1340’ from south. Source of Water: Uncompahgre River. Decree for0.90 c.f.s. absolute; Appropriation Date: January 2001; Use: Livestock, piscatorial and wildlife.Montrose County.

27) Case No. 02CW251, Soap Mesa Ventures, LLC, by and through its counsel, Dufford,Waldeck, Milburn & Krohn, L.L.P., submits its Application for Storage Rights as follows: I.GENERAL INFORMATION - A. Name, address, and telephone numbers of Applicant: SoapMesa Ventures, LLC, c/o John R. Pierce and Nathan A. Keever, Dufford, Waldeck, Milburn &Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, Colorado 81506, (970) 241-5500;II. APPLICATION FOR WATER STORAGE RIGHT (Ducket Draw East Pond) - A. Name ofreservoir: Duckett Draw East Pond; B. Legal Description of point of diversion: Location of

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Dam: In the SE1/4 NE1/4 SE1/4 of Section 28, Township 48 North, Range 9 West, N.M.P.M.,at a point 400 feet west of east section line and 2100 feet north of south section line; C. Source:Storm runoff and spring runoff through Duckett Draw, as well as wastewater from irrigatedfields up gradient from Duckett Draw. Duckett Draw is tributary to the Dolores Creek, tributaryto the Uncompahgre River; D. Information regarding appropriation: 1. Date of appropriation:April 1, 1989; 2. How appropriation was initiated: Construction of Dam; 3. Date water appliedto beneficial use: June 15, 1989; E. Amount claimed: 12.6 acre feet. Absolute; F. Use:Wildlife, stock, flood control; G. Surface area of high water line: 2.1 acres; 1. Maximum heightof dam in feet: 9 feet; 2. Length of dam in feet: 400.0 feet; H. Total capacity of reservoir in acrefeet: 12.6 feet; 1. Active capacity: 12.6; I. Name and address of owner of land on whichstructure(s) for the water right is located: Gary Pope, Soap Mesa Ventures, LLC, 20600 SolitudeRoad, Montrose, Colorado 81401, J. Remarks or any other pertinent information: This dam isused primarily for flood control and fills during the spring run-off. Duckett Draw is dry exceptduring thunderstorm events. The Dolores Creek is dry after the spring run-off; III.APPLICATION FOR WATER STORAGE RIGHT (Duckett Draw West Pond) - A. Name ofreservoir: Duckett Draw West Pond; B. Legal description of point of diversion: Location ofDam: In the SE1/4 NE1/4 SE1/4 of Section 28, Township 48 North, Range 9 West, N.M.P.M.,at a point 600 feet west of east section line and 2100 feet north of south section line; C. Source:Storm runoff and spring runoff through Duckett Draw, as well as wastewater from irrigatedfields up gradient from Duckett Draw. Duckett Draw is tributary to the Dolores Creek, tributaryto the Uncompahgre River; D. Information regarding appropriation: 1. Date of appropriation:April 1, 1989; 2. How appropriation was initiated: Construction of Dam; 3. Date water appliedto beneficial use: June 15, 1989; E. Amount claimed: Acre feet: 27.0; F. Use: Wildlife, stock,flood control; G. Surface area of high water line: 4.5 acres; 1. Maximum height of dam in feet:10 feet; 2. Length of dam in feet: 570.0 feet; H. Total capacity of reservoir in acre feet: 27.0acre feet. Absolute; 1. Active capacity: 27.0; I. Name and address of owner of land on whichstructure(s) for the water right is located: Gary Pope, Soap Mesa Ventures, LLC, 20600 SolitudeRoad, Montrose, Colorado 81401; J. Remarks of any other pertinent information: This dam isused primarily for flood control and fills during the spring run-off. Duckett Draw is dry exceptduring thunderstorm events. Dolores Creek is dry after the spring run-off; IV. APPLICATIONFOR WATER STORAGE RIGHT (Soap Mesa Pond No. 1) - A. Name of reservoir: Soap MesaPond No. 1; B. Legal description of point of diversion: Location of Dam: In the NW1/4 NW1/4NW1/4 of Section 27, T48N, R9W, N.M.P.M., at a point 200 ft. east of west section line and 200ft. south of north section line; C. Source: Unnamed seeps and springs tributary to Duckett Draw,tributary to Dolores Creek, tributary to the Uncompahgre River; D. Information regardingappropriation: 1. Date of appropriation: December 3, 2001; 2. How appropriation was initiated:Filing of a Notice of Intent to Construct a Non-Jurisdictional Dam with the Division Engineer forDivision 4; 3. Date water applied to beneficial use: July 15, 2002; E. Amount claimed: 9.4 acrefeet. Absolute; F. Use: Wildlife, stock, irrigation; 1. Acres irrigated: 15 acres located in theNE1/4 NE1/4 NE1/4 of Section 28, T48N, R9W, N.M.P.M.; G. Surface area of high water line:1.25 acres; 1. Maximum height of dam in feet: 9 feet; 2. Length of dam in feet: 730 feet; H.Total capacity of reservoir in acre feet: 12.6; 1. Active capacity: 6.0 feet; 2. Dead storage: 6.6;I. Name and address of owner of land on which structure(s) for the water right is located: GaryPope, Soap Mesa Ventures, LLC, 20600 Solitude Road, Montrose, Colorado 81401; V.APPLICATION FOR WATER STORAGE RIGHT (Soap Mesa Pond No. 2) - A. Name ofreservoir: Soap Mesa Pond No. 2; B. Legal description of point of diversion: Location of Dam:In the NE1/4 NW1/4 NE1/4 of Section 28, Township 48 North, Range 9 West, N.M.P.M., at apoint 1300 feet west of east section line and 350 feet south of north section line; C. Source:Unnamed seeps and springs tributary to Dolores Creek, tributary to the Uncompahgre River; D.

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Information regarding appropriation: 1. Date of appropriation: December 3, 2001; 2. Howappropriation was initiated: Filing of a Notice of Intent to Construct a Non-Jurisdictional Damwith the Division Engineer for Division 4; 3. Date water applied to beneficial use: June 15,2002; E. Amount claimed: 3.0 acre feet, absolute; 2.0 acre feet, conditional; F. Use: Wildlifeand stock; G. Surface area of high water line: 1.0 acre; 1. Maximum height of dam in feet: 5feet; 2. Length of dam in feet: 750 feet; H. Total capacity of reservoir in acre feet: 3.0; 1. Activecapacity: 3.0; I. Name and address of owner of land on which structure(s) for the water right islocated: Gary Pope, Soap Mesa Ventures, LLC, 20600 Solitude Road, Montrose, Colorado81401. Montrose County.

28) Case No. 02CW252, Robert V. Ketchum, 505 West Castle Court, Glenwood Springs, CO81601 and James S. Ketchum, P.O. Box 692, Tehachapi, CA 93561; Application for Approvalof Plan for Augmentation: ALPINE VISTA WELLS NO. 1 THROUGH 11.

ATTACHMENT 1ALPINE VISTA WELLS

ALPINEVISTA

WELL NO.LOTNO.

PERMITNO. LOCATION*

DISTANCEFROM SEC.LINE (FT)

DISTANCEFROM E.LINE (FT) DEPTH (FT)

1 5 242525 SW ¼ NE ¼ 2130 N 2100 E 4002 6 242527 SE ¼ NW ¼ 2490 N 2570 W 2003 7 242526 NW ¼ SE ¼ 2450 S 1950 E 3004 11 241784 NW ¼ SE ¼ 2300 S 2200 E 2605 1 NEW SE ¼ NW ¼ 2140 N 2600 W 200 EST6 2 NEW SW ¼ NE ¼ 1980 N 2140 E 200 EST7 3 NEW SW ¼ NE ¼ 1950 N 1820 E 200 EST8 4 NEW SW ¼ NE ¼ 2260 N 2330 E 200 EST9 8 NEW SW ¼ NE ¼ 2540 N 1830 E 200 EST

10 9 NEW NW ¼ SE ¼ 2360 S 1840 E 200 EST11 10 NEW NW ¼ SE ¼ 2170 S 2530 E 200 EST

*All wells located in Section 18; Township 42, Range 4 West, N.M.P.M. Source of Water:Gunnison River. Application for Underground Water Right: ALPINE VISTA WELLS NO. 1-11. Located SE ¼ of the NW ¼ SW ¼ of NE ¼ NW ¼ of SE ¼ of Section 18, Township 42North, Range 4 West, N.M.P.M. Source of Water: Gunnison River. Decree for 15 gpmconditional (each well); Appropriation Date: 7/16/02; Use: Irrigation and Domestic. HinsdaleCounty.

29) CASE NO. 02CW253 – DELTA COUNTY – GROUNDWATER TRIBUTARY TONORTH FORK OF GUNNISON RIVER, AND GUNNISON RIVER. Name and address ofApplicant: Lazear Domestic Water Corporation, c/o Frank McPherson, 1033 County Road 3100,Hotchkiss, CO 81417, c/o Anne Marie Callahan, c/o Scott Balcomb, Balcomb & Green, P.C.,P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Application for Change ofWater Rights, Ground Water Right, and Plan for Augmentation, Including Exchange. Claim forChange of Water Rights. Decreed Name of Structure for Which Changes Are Sought: GirlingDomestic and Irrigation Well No. 1. Information from Original Decree: Date Entered:

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12/18/1972; Case No.: W-857l; Ct.: Water Div. No. 4. Decreed Point of Diversion: N. 520 ft.and W. 404 ft. from the SE corner of NE quarter SE quarter, Sec. 33, T. 14 S., R. 93 W., 6th P.M.Source: Groundwater tributary to North Fork of Gunnison River. Appropriation Date:03/01/1940. Amt.: 250 gpm, absolute. Use: Domestic, live stock watering, irrigation, as providedunder the Decree in 95CW209. Decreed Name of Structure for Which Changes Are Sought:Girling Domestic and Irrigation Well No. 1 — 1995 Right. Info. From Original Decree: DateEntered: 10/07/1998; Case No.: 95CW209; Ct.: Water Div. No. 4. Decreed Point of Diversion:same as above. Appropriation Date: 09/10/1995. Adjudication Date: 12/31/1995. Amt.: 50 gpm,conditional, peak day, with a contemplated average continuous diversion of 16 gpm. Use: Non-irrigation season diversions in excess of the 30 gpm allocated to the 1972 well priority; domesticwater service for 67 residential and business units/taps, and watering of 62 head of livestock.Said uses are in addition to the 33 units served under the 1972 priority of the Girling Domesticand Irrigation Well No. 1 and the 138 stock served by that 1972 water right during the non-irrigation season. Proposed Change: Applicant requests an alternate point of diversion of theGirling Domestic and Irrigation Well No. 1 and the Girling Domestic and Irrigation Well No. 1— 1995 Right at the Girling Well No. 6 (see below) for the uses and under the terms andconditions described in Case No. 95CW209 for domestic, irrigation, and livestock water servicethrough the Applicant's central water system. Applicant requests to change the place of use of theGirling Domestic and Irrigation Well No. 1 and the Girling Domestic and Irrigation Well No 1— 1995 Right to include the Applicant's service area described in 95CW209 and as it may bechanged to include additional lands within the contemplated service area depicted on the mapthat is Exhibit A attached to the application on file with the Ct. (hereinafter the "Lazear ServiceArea"). The Lazear Service Area consists of portions of Sections. 3, 4 and 5, T. 15 S., R. 93 W.,6th P.M.; and portions of Sections. 33 and 34, T. 14 S., R. 93 W., 6th P.M. Decreed Name ofStructures For Which Changes Are Sought: Girling Well No. 6. Info. From Original Decree:Date Entered: 02/11/1974; Case No.: W-2012; Ct.: Water Div. No. 4. Decreed Point ofDiversion: Located in the NE quarter SE quarter, Sec. 33, T. 14 S., R. 93 W., 6th P.M. The GPScoordinates for the Girling Well No. 6 are Northing – S. 42 972 24, Easting – 13 2 581 20; theGPS points were averaged. The Girling Well No. 6 is located approximately 950 ft. NW of theGirling Domestic and Irrigation Well No. 1. The location of the Girling Well No. 6 is shown onExhibit A to the Application. Source: Groundwater tributary to North Fork of Gunnison River.Appropriation Date: 10/04/1973. Amt.: 450 gpm, absolute. Historic Use: Irrigation ofapproximately 40 acres of apple orchards, resulting in an historic consumptive use during theirrigation season of 91.83 a.f., at a consumptive-use rate of approximately 2.3 a.f. per acre.Proposed Change: Applicant requests to change the use of the well to include, in addition toirrigation, domestic, stock watering, and commercial uses. Domestic/commercial use will be forservice of up to 100 residential units/taps. Stock water use will be for up to 200 head of stock.These domestic and stock watering requirements are in addition to the uses decreed for theGirling Domestic and Irrigation Well No. 1. Use of the water right may also be continued forirrigation, but the total consumptive use for all uses during the irrigation season will not exceedthe historic consumptive use. Applicant requests an alternate point of diversion for the GirlingWell No. 6 at the Girling Domestic and Irrigation Well No. 1. Applicant requests to change theplace of use to include water service to the Lazear Service Area. Name and address of owner orreputed owner of lands on which structures are located and upon which water is placed tobeneficial use: Both the Girling Domestic and Irrigation Well No. 1 and the Girling Well No. 6are located upon lands owned by Applicant. The place of use will occur within the LazearService Area. An identification of the current members served by Applicant, based upon theApplicant's records, is Exhibit B attached to the application on file with the Ct.. The subjectwells are not located within 600 ft. of any other wells. No expansion of use of the Girling

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Domestic and Irrigation Well No. 1 or the Girling Well No. 6 will occur as a result of the above-described changes of water rights. No injury will occur to any vested water right or decreedconditional water right as a result of operation of these changes. Claim for Ground Water Right.Name of structure: Girling Well No. 6 First Enlargement. Legal description: One or combinationof the points of diversion for the Girling Domestic and Irrigation Well No. 1 and Girling WellNo. 6 described above. Source: Groundwater tributary to North Fork of Gunnison River. Depth:110 ft. (according to the W-2012 Decree). Date of initiation of appropriation: 02/07/2002, byfield investigation, contract to purchase well, and formation of intent to appropriate and use wellas part of Lazear's water system. Date water applied to beneficial use: N/A. Amt. claimed: 1.0cfs, conditional. Use or proposed use: During the non-irrigation season, domestic/commercialwater service of up to 100 residences and/or taps, stock watering of up to 200 head of livestock.The use is an addition to the use decreed for the Girling Domestic and Irrigation Well No. 1 and1995 Right, and is separate from the operation of the senior Girling Well No. 6 water rightdecreed in W-2012 (as changed herein) during the irrigation season. Place of Use: Within theLazear Service Area. Name and address of owner or reputed owner of lands on which structure islocated and upon which beneficial use will occur: See above. Claim For Approval of Plan ForAugmentation, Including Exchange. Names of structures to be augmented: Girling Well No. 6and Girling Well No. 6 First Enlargement, as above described. Water right to be used foraugmentation: Blue Mesa Reservoir. Previous Decree and information for water right to be usedfor augmentation: Date entered: 03/30/1960; Case No.: 6981; Ct.: Dist. Ct., Water Div. No. 4.Legal description: Sections. 1, 2, 3, 4, and 12, T. 48 N., R. 4 W., N.M.P.M.; Sections. 8, 9, 14,15, 16, 21, 22, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35 and 36, T. 49 N., R. 4 W., N.M.P.M.;Sections. 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, T. 49 N., R. 3 W., N.M.P.M.; Sections.2, 3, 7, 11, 18, 19, 29 and 30 T. 48 W., R. 3 W., N.M.P.M.; Sections. 13, 20, 21, 22, 23, 24, 25,26, 27, 28, 29, 30 31, 32 and 34, T. 49 N., R. 2 W., N.M.P.M. and SW quarter SW quarter, Sec.32, T. 49 N., R. 4 W., N.M.P.M. and in the NE quarter NW quarter, Sec. 4, T. 48 N., R. 4 W.,N.M.P.M. Source: Gunnison River. Amt.: 939,204 a.f., absolute. Appropriation: 11/13/1957.Decreed use: Irrigation, domestic, and other beneficial uses (please refer to Decree). Statement ofplan for augmentation: This augmentation plan is supplemental to the augmentation plan decreedin 95CW209. The purpose of this plan is to augment the Girling Well No. 6 and Girling WellNo. 6 First Enlargement for water service to an additional 100 residences/taps, 200 head of stock,and up to 15 acres of lawn and garden irrigation. Commercial uses are included in the residentialwater demand estimates. Applicant has developed a conservative augmentation plan which iscapable of augmenting (via Blue Mesa Reservoir releases) all the consumptive-use associatedwith the provision of full build-out water service under the subject well rights to up to 100residences and/or taps (including commercial use), 200 head of stock, and irrigation of up to 15acres of lawn and gardens. For purposes of this augmentation plan, each residence/tap is assumedto be associated with water service to 3.5 year-round residents, each requiring 100 gallons perday per person for in-house use. Water treatment is by septic tank and leach field systems, withan estimated depletion rate of 15 percent of in-house potable water diverted. Lawn and gardenirrigation requirements were based on Blaney Criddle calculations with high altitudeadjustments. Stock use is 200 stock using 11 gallons per head per day (100 percentconsumptive). The full build-out annual diversion requirement associated with these uses isapproximately 92.02 a.f., of which approximately 43.59 a.f. are consumed. See Tables 1 and 2,Exhibit C which is attached to the application on file with the Court. These calculations areconsistent with the decree entered for Applicant in 95CW209. Applicant will apply for a contractwith the Unites States Bureau of Reclamation for up to 44 a.f. of augmentation releases annuallyfrom Blue Mesa Reservoir. Releases shall be made at the request of the Water Commissioner orDiv. Engineer. This contract will be in addition to Applicant's existing contract with the Bureau

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of Reclamation for 44 a.f. of augmentation releases annually. In 95CW209, a delayed welldepletion analysis was not required or necessary, because the Girling Domestic and IrrigationWell No. 1 had been utilized over a significant period of time historically. The same is true forthe Girling Well No. 6. The two wells (Nos. 1 and 6) are located approximately 950 ft. from oneanother in the same geologic aquifer. Applicant also seeks a right of exchange to exchangereleases from Blue Mesa Reservoir up to the Girling Well No. 6. The exchange reach is from theconfluence of the North Fork of Gunnison River with the Gunnison River mainstream up theNorth Fork to the diversion point for the Girling Well No. 6. The water exchanged from BlueMesa Reservoir to the well shall be used as described above, and to augment said uses. The dateof initiation of appropriation of the exchange is 12/27/2002, the date this Application was filed.The exchange appropriation was initiated by formation of intent, coupled with actionsmanifesting such intent sufficient to put third parties on notice, including the filing of the WaterCt. application. However, the date of initiation of the appropriation of the exchange does not inany manner impair Applicant's right to divert the well under the priority adjudicated in W-2012,and the 2002 priority claimed for non-irrigation season use herein. The exchange using BlueMesa Reservoir releases will be exercised to address calls occurring below the confluence of theNorth Fork and the Gunnison Rivers. Exchange potential is available on the North Fork, suchthat releases from Blue Mesa Reservoir will be sufficient to fully augment depletions when thesubject well rights for the Girling Well No. 6 are out of priority. Operation of the plan foraugmentation will allow the rights to divert under the terms and conditions described herein, andwill prevent injury to vested and decreed conditional water rights. Delta County.

30) Case No. 02CW254, Peterson Ranch Inc., 53466 East Highway 50, Gunnison, CO81230; Application for Surface Water Rights: MCGOWAN IRRIGATING DITCH,MCGOWEN IRRIGATING DITCH ALTERNATE POINT, LOUIS SARRASIN DITCH,LOUIS DITCH. Legal description of each point of diversion: McGowan Irrigating Ditch, theheadgate of which is located on the south bank of Tomichi Creek, at a point whence the NEcorner Section 30, Township 49 North, Range 3 East, N.M.P.M. bears n. 62º12’, east 3,157 feet.McGowan Irrigating Ditch Alternate Point, the headgate of which is located on the north bank ofTomichi Creek, at a point in the SW ¼ SW ¼ NE ¼, Section 30, Township 49 North, Range 3East, N.M.P.M. at a point approximately 1,250 feet from the north section line and 2,400 feetfrom the east section line. Louis Sarrasin Ditch, the headgate of which is located on the northbank of Tomichi Creek, at a point whence the southeast corner Section 24, Township 49 North,Range 2 East, N.M.P.M. bears south 65º3’ east 962.5 feet. Louis Ditch, the headgate of which islocated on the south bank of Tomichi Creek, at a point whence the northwest corner Section 29,Township 49 North, Range 3 East, N.M.P.M. bears north 26º22’ west 5,380 feet. Source ofWater: Gunnison River. Amount Claimed: McGowan Irrigating Ditch and McGowan AlternatePoint - 9.0 c.f.s. absolute; Louis Sarrasin Ditch – 5.0 c.f.s. absolute; Louis Ditch – 0.9 c.f.s.absolute; Appropriation Date: May 20, 1963; Use: Irrigation and Livestock. GunnisonCounty.

31) Case No. 02CW255, APPLICATION FOR FINDING OF DILIGENCE AND TOMAKE ABSOLUTE, United States of America, U.S.D.A. Forest Service, Grand Mesa,Uncompahgre and Gunnison National Forests, 2250 Hwy 50, Delta, Colorado 81416 (970) 874-6600 PART I. WATER STORAGE RIGHTS Name of structure: Priest Lake Reservoir No. 3Date of Original Decree: Dec. 13, 1996. Case No. 94CW97. Court: Water Division 4. Legaldescription: County San Miguel, NW 14, NE ¼ Sec 8, T41N, R9W, NMPM, The outlet of PriestLake No. 3 bears N 34°E, 5700 feet, from the SW corner of Sec. 8 Source: Minnie Gulch,tributary to the South Fork San Miguel River, tributary to the San Miguel River. Appropriation

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Date: June 30, 1994. Amount: 52.2 Conditional. Use: Augmentation, irrigation and domestic.The United States has been diligent in maintaining the necessary structures at Priest Lake andhas stored water for later application to beneficial use for augmentation, irrigation or domesticpurposes. In 2001 Water Commissioner Aaron Todd requested the release of water from storagefor augmentation of the Matterhorn Work Center and Campground. The amount of waterreleased in 2001 was not recorded and is not known. In 2002 Commissioner Todd requested therelease of water from storage for augmentation purposes and drew the reservoir down 5 feet foraugmentation purposes. According to the elevation/storage table in the augmentation plan, theamount released from storage pursuant to Commissioner Todd’s request was to 52.2 acre-feet.Water applied to beneficial use: Date: August 2002. Amount: 52.2 Acre-feet ABSOLUTE.Use: Augmentation, domestic and irrigation. Description of place of use where water is appliedto beneficial use: Water was stored and release to compensate for out of priority use at theMatterhorn Work Center and Campground and Evaporative loss at the reservoir. Names(s) andaddress(es) of owner(s) of the land on which structure is or will be located, upon which water isor will be stored, or upon which water is or will be placed to beneficial use. United States ofAmerica, U.S.D.A. Forest Service Grand Mesa, Uncompahgre and Gunnison National Forests2250 Hwy 50 Delta, Colorado 81416 PART II. UNDERGROUND WATER RIGHTS Nameof structure: Matterhorn Work Center Well (permit #101582) Describe conditional water right(as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree:Date of Original Decree: Dec. 13, 1996. Case No. 94CW97. Court Water Division 4. Legaldescription: San Miguel County, NW ¼, SE ¼, Sec 5 T41N, R9W, NMPM The Work CenterWell is located at a point 2800 feet from the North Section Line, 1500 feet from the east SectionLine Sec. 5 Source: Alluvium, tributary to Lake Fork, tributary to South Fork San MiguelRiver, tributary to San Miguel River. Appropriation Date: June 30, 1994. Amount: 15 g.p.m.Conditional Use: irrigation and domestic. Depth: (if well): 40 feet. The campground served bythe well has been expanded, and planning for additional expansion of the campground necessaryto the ultimate use of the water right is ongoing. In addition, the Forest Service has constructedthe infrastructure necessary to irrigate a portion of the horse pasture associated with thecampground, and anticipates further irrigation use of the conditional water right. Documenteduse at the campground and associated horse pasture has not yet been shown to exceed the 10g.p.m. decreed absolute for this structure. Actual use may exceed the 10 g.p.m., but cannot bedocumented at this time. If claim to make absolute: Not applicable. Names(s) and address(es)of owner(s) of the land on which structure is or will be located, upon which water is or will bestored, or upon which water is or will be placed to beneficial use. United States of America,U.S.D.A. Forest Service Grand Mesa, Uncompahgre and Gunnison National Forests 2250 Hwy50, Delta, Colorado 81416 Wherefore, Applicant United States of America respectfully requeststhis court to enter a Decree: Confirming as ABSOLUTE the 52.2 acre-feet decreed to PriestLake No. 3; Determining that the United States has been diligent in its efforts to complete theappropriation of the Matterhorn Well; and Continuing the conditional water right for theMatterhorn Well for another six years. San Miguel County.

32) Case No. 02CW256, WEST CREEK, DOLORES RIVER. Ronald E. Tipping, Marie E.Tipping, William R. Patterson and Rodney C. Power, c/o Ronald E. Tipping, 1967 Broadway,Grand Junction, CO 81503, (970) 243-4604 (business), (970) 243-2599 (home); c/o Mark A.Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502,(970) 242-6262. APPLICATION FOR WATER STORAGE RIGHTS. First Claim for Relief:Reservoir: Aspen Reservoir; Legal: NW1/4, Sec. 13, T. 14 S., R. 103 W., 6th P.M., at a pointapproximately 200 feet East of the West section line and 1,050 feet South of the North sectionline of said Section 13. The reservoir will be located on an unnamed tributary of the North Fork

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of West Creek; Sources: Water in the unnamed intermittent tributary on which the reservoir islocated, and springs and natural runoff occurring above the reservoir, will flow into and besources for the reservoir. All of these sources are tributary to the North Fork of West Creek,tributary to West Creek, tributary to the Dolores River; Appropriation: July 1, 2001; Amount: 30acre feet, conditional; Uses: Irrigation; Acres historically irrigated: 0, Acres proposed to beirrigated: 40 acres; Legal of acreage to be irrigated: portions of S1/2 SE1/4 of Section 11, theSW1/4 SW1/4 of Section 12, the W1/2 NW1/4 of Section 13, and the N1/2 NE1/4 of Section 14,all in T. 14 S., R. 103 W., 6th P.M. The water will also be used for stock watering, piscatorial,recreation, and wildlife watering and habitat purposes. The wildlife habitat uses will include thecreation of natural riparian vegetation and habitat along the shores of the reservoir and thewatering of aspen trees and other natural vegetation located in the W1/2 NW1/4 of Section 13, T.14 S., R. 103 W., 6th P.M. Dam and Reservoir Information: Surface Area of High Water Line:approximately 7 acres; Maximum Height of Dam: 10 feet; Length of Dam: 300 feet; TotalCapacity of Reservoir: 30 acre feet. Landowner: The Applicants own the land on which thewater will be stored and used. Second Claim for Relief; Name: Bear Pond; Legal: Pond will belocated in the SW1/4 of Section 23, T. 14 S., R. 103 W. 6th P. M., at a point approximately 1,900feet East of the West section line and 900 feet North of the South section line of said Section 23.Bear Pond will be located on an unnamed tributary of West Creek. Sources: Water in theunnamed intermittent tributary on which the pond is located, and springs and natural runoffoccurring above the pond will flow into and be sources for the pond. All of these sources aretributary to West Creek, tributary to the Dolores River; Appropriation: July 1, 2001; Amount: 8acre feet, conditional; Uses: The water in the pond will be used for stock watering, piscatorial,recreation, and wildlife watering and habitat purposes. The wildlife habitat uses will include thecreation of natural riparian vegetation and habitat along the shores of the pond and the wateringof aspen trees and other natural vegetation located primarily in the E1/2 SW1/4 of Section 23, T.14 S., R. 103 W. of the 6th P.M. Dam and Reservoir Information: Surface Area of High WaterLine: approximately 2 acres; Maximum Height of Dam: 10 feet; Length of Dam: 150 feet; TotalCapacity of Reservoir: 8 acre feet. Landowner: The Applicants own the land on which thewater will be stored and used. Mesa County.

33) Case No. 02CW257, Irby Ranches, c/o Stanley Irby, 4723 County Road 46, Gunnison,CO 81230; Application for Water Storage Rights: COLE RESERVOIR ENLARGEMENT.Located NW ¼ of the NW ¼ of Section 15, Township 48 North, Range 5 East, N.M.P.M.Distance between section lines 300 feet from north and 500 feet from west. Source of Water:Gunnison River. Decree for 100 a.f. fill and refill conditional; Appropriation Date: 10/06/02;Use: irrigation. Gunnison County.

34) Case No 02CW258, Myron Barker, c/o Mark N. Williams, 326 Main Street, Suite 103,Grand Junction, CO 81501; Application for Storage Water Rights: BARKER RESERVOIRNO. 1. Located SW ¼ SE ¼, Section 36, Township 2 South, Range 2 East, Ute. Decree for 1.5a.f. conditional; Appropriation Date: October 22, 2002; Use: Irrigation, Domestic, LivestockWatering, Piscatorial, Wildlife Habitat and Esthetics. BAKER RESERVOIR NO. 2. LocatedSW ¼ SE ¼, Section 36, Township 2 South, Range 2 East, Ute. Distance from section lines1,240 feet from south and 2,200 feet from east. Source of Water: Coulter Gulch seep andCoulter Ditch. Decree for 0.83 a.f. absolute; 1,477 a.f. conditional; Appropriation Date: August15, 1999; Use: Irrigation, Domestic, Livestock Watering, Piscatorial, Wildlife Habitat andEsthetics. Mesa County.

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35) Case No. 02CW259, Larry D. and Diane Gobbo, Don V. Gobbo, David Gobbo, NancyEvans, and June Gobbo, c/o Larry D. Gobbo, 275 South 16 ½ Road, Glade Park, CO 81523;Application for Surface Water Rights: GOBBO CABINS SPRING. Located NW ¼ SW ¼ ofSection 31, Township 13 South, Range 101 West, 6th P.M. Distance from section lines 1,700 feefrom north and 750 feet from east. Source of Water: Gunnison River. Decree for 0.033 c.f.s.absolute; Appropriation Date: May 1, 1958; Use: Domestic and Stock Water. Mesa County.

36) Case No. 02CW260, UNCOMPAHGRE RIVER; Applicants, Kenneth Orvis and ChristyOrvis, by and through their attorneys, Dufford, Waldeck, Milburn & Krohn, LLP, submit theirApplication for Surface Rights as follows: 1.Name, address, telephone number: Kenneth Orvisand Christy Orvis c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 HorizonCourt, Suite 300, Grand Junction, CO 81506, (970) 241-5500; 2. Name of structure: Walt HotSpring; 3Legal description of point of diversion: The Walt Hot Spring is located in the NW1/4SW1/4 of Section 22, Township 45 north, Range 8 west of the N.M.P.M. at a point 1,800 feetnorth of the south section line and 750 feet east of the west section line; 4. Source: Seeps andsprings tributary to the Uncompahgre River; 5. A. Date of initiation of appropriation: May 1,1957; B. How appropriation was initiated: By beginning construction of a greenhouse utilizinggeothermal water from the spring for heating. Water from the Walt Hot Spring also has beenused for irrigation, stock watering and piscatorial purposes; C. Date water applied to beneficialuse: August 1, 1957; 6. Amount claimed: 0.1 c.f.s. Absolute; 7.Use or proposed use: Piscatorial,heating, irrigation, stock watering, wildlife watering, Absolute; warm water piscatorial,Conditional; A. Number of acres historically irrigated: 14.4 acres located in the NW1/4 ofSection 22, Township 45 north, Range 8 west of the N.M.P.M.; proposed to be irrigated: 14.4acres; B. If non-irrigation, describe purpose fully: The Walt Hot Spring has been used to heat theOrvis Greenhouse. The Walt Hot Spring has flowed into the Orvis Ponds Nos. 2 and 3 to supportpiscatorial, stock watering, and wildlife watering uses. Applicant plans to introduce warm-waterfish to the Orvis Pond No. 2; 7. Name and address of owner of land on which points of diversionand places of use are located: The structures and places of use that are the subject of thisApplication are owned by the Applicant. Ouray County.

37) Case No. 02CW261, Tri-State Generation and Transmission Association, Inc., c/oTimothy J. Beaton, Gabriel D. Carter, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O.Box 1440, Boulder, CO 80306-1440; Town of Naturita; Allan L. Todd and Dorothy C. Doll;Develva Bell; Gary and Nancy Walker; John Reams; and Silver Hawk, Ltd; Application forChange of Water Right, Confirmation of Historic Alternate Point of Diversion, and Approval ofWater Conservation Plan: BCD DITCH, NEW PARKWAY DITCH, PARKWAY DITCH,REED-CHATFIELD DITCH, DOING DITCH, AND HIGHLINE CANAL. 3. From previousdecrees: A. BCD Ditch: i. Original decree: Entered June 3, 1911 in Civil Action No. 1627,Water District No. 60, by the District Court of Montrose County, State of Colorado. As to Tri-State’s ownership interest identified below, a decree for change in point of diversion and type ofuse was entered July 10, 1958, as amended June 10, 1959, in Civil Action No. 7945 by theDistrict Court of Montrose County, State of Colorado. ii. Decreed points of diversion: a.Original point: The headgate is located on the south or left bank of the San Miguel River at apoint whence the northeast corner of Section 29, Township 46 North, Range 15 West of theN.M.P.M., bears South 31E West 1150 feet. b. Alternate point: Commencing at a point whencethe northeast corner of Section 15, Township 46 North, Range 15 West of the N.M.P.M., bearsNorth 13E17' East 4402.2 feet; thence North 50E00' West 1482 feet, more or less, being a pointon the south or left bank of the San Miguel River, approximately 250 feet north northwest of thenorth side of the Nucla Power Plant. iii. Source: San Miguel River. iv. Appropriation date:

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October 1, 1885. v. Amount: 1.0 cfs. vi. Use: Irrigation and industrial uses. vii. Remarks:Applicants seek to change 0.5 cfs owned by Tri-State and the full ownership interests of theWalkers and Reams in this BCD Ditch priority. B. BCD Ditch: i. Original decree: EnteredJune 3, 1911 in Civil Action No. 1627, Water District No. 60, by the District Court of MontroseCounty, State of Colorado. As to Tri-State’s ownership interest identified below, a decree forchange in point of diversion and type of use was entered July 10, 1958, as amended June 10,1959, in Civil Action No. 7945 by the District Court of Montrose County, State of Colorado. ii.Decreed points of diversion: a. Original point: The headgate is located on the south or left bankof the San Miguel River at a point whence the northeast corner of Section 29, Township 46North, Range 15 West of the N.M.P.M., bears South 31E West 1150 feet. b. Alternate point:Commencing at a point whence the northeast corner of Section 15, Township 46 North, Range15 West of the N.M.P.M., bears North 13E17' East 4402.2 feet; thence North 50E00' West 1482feet, more or less, being a point on the south bank of the San Miguel River, approximately 250feet north northwest of the north side of the Nucla Power Plant. iii. Source: San Miguel River.iv. Appropriation date: December 1, 1894. v. Amount: 5.0 cfs. vi. Use: Irrigation andindustrial uses. vii. Remarks: Applicants seek to change 2.5 cfs owned by Tri-State and the fullownership interests of the Walkers and Reams in this BCD Ditch priority. C. BCD DitchExtension: i. Original decree: Entered June 3, 1911 in Civil Action No. 1627, Water DistrictNo. 60, by the District Court of Montrose County, State of Colorado. As to Tri-State’sownership interest identified below, a decree for change in point of diversion and type of use wasentered July 10, 1958, as amended June 10, 1959, in Civil Action No. 7945 by the District Courtof Montrose County, State of Colorado. ii. Decreed points of diversion: a. Original point: At apoint on the BCD Ditch whence the southeast corner of Section 24, Township 46 North, Range16 West of the N.M.P.M., bears due south 150.15 feet. b. Alternate point: Commencing at apoint whence the northeast corner of Section 15, Township 46 North, Range 15 West of theN.M.P.M., bears North 13E17' East 4402.2 feet; thence North 50E00' West 1482 feet, more orless, being a point on the south bank of the San Miguel River, approximately 250 feet northnorthwest of the north side of the Nucla Power Plant. iii. Source: San Miguel River. iv.Appropriation date: November 26, 1900. v. Amount: 1.5 cfs. vi. Use: Irrigation andindustrial uses. vii. Remarks: Applicants seek to change 1.5 cfs owned by Tri-State and the fullownership interests of the Walkers and Reams in this BCD Ditch priority. D. New ParkwayDitch: i. Original decree: Entered February 26, 1929 in Civil Action No. 3785, Water DistrictNo. 60, by the District Court of Montrose County, State of Colorado. As to Tri-State’sownership interest identified below, a decree for change in point of diversion and type of use wasentered July 10, 1958, as amended June 10, 1959, in Civil Action No. 7945 by the District Courtof Montrose County, State of Colorado. ii. Decreed points of diversion: a. Original point: Theheadgate is located on the south or left bank of the San Miguel River in Montrose County,Colorado, at a point whence the northeast corner of Township 46 North, Range 15 West of theN.M.P.M., bears North 38E45' West 1678 feet. b. Alternate point: Commencing at a pointwhence the northeast corner of Section 15, Township 46 North, Range 15 West of the N.M.P.M.,bears North 13E17' East 4402.2 feet; thence North 50E00' West 1482 feet, more or less, being apoint on the south bank of the San Miguel River, approximately 250 feet north northwest of thenorth side of the Nucla Power Plant. iii. Source: San Miguel River. iv. Appropriation date:July 2, 1916. v. Amount: 4.16 cfs. vi. Use: Irrigation and industrial uses. vii. Remarks:Applicants seek to change Tri-State’s one-third (1/3) ownership interest and Silver Hawk’s two-third (2/3) ownership interest in this New Parkway Ditch priority. E. New Parkway DitchEnlargement: i. Original decree: Entered November 1, 1939 in Civil Action No. 4641, WaterDistrict No. 60, by the District Court of Montrose County, State of Colorado. As to Tri-State’sownership interest identified below, a decree for change in point of diversion and type of use was

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entered July 10, 1958, as amended June 10, 1959, in Civil Action No. 7945 by the District Courtof Montrose County, State of Colorado. ii. Decreed points of diversion: a. Original point: Theheadgate is located at a point on the south bank of the San Miguel River whence the northeastcorner of Township 46 North, Range 15 West of the N.M.P.M., bears North 38E45' West 1678feet. b. Alternate point: Commencing at a point whence the northeast corner of Section 15,Township 46 North, Range 15 West of the N.M.P.M., bears North 13E17' East 4402.2 feet;thence North 50E00' West 1482 feet, more or less, being a point on the south bank of the SanMiguel River, approximately 250 feet north northwest of the north side of the Nucla PowerPlant. iii. Source: San Miguel River. iv. Appropriation date: March 20, 1936. v. Amount:2.84 cfs. vi. Use: Irrigation and industrial uses. vii. Remarks: Applicants seek to change Tri-State’s one-third (1/3) ownership interest and Silver Hawk’s two-third (2/3) ownership interest inthis New Parkway Ditch Enlargement priority. F. Parkway Ditch: i. Original decree: EnteredJune 3, 1911 in Civil Action No. 1627, Water District No. 60, by the District Court of MontroseCounty, State of Colorado. ii. Decreed point of diversion: The headgate is located on the southor left bank of the San Miguel River at a point whence the northeast corner of Township 46North, Range 15 West of the N.M.P.M., bears North 38E45' West 1678 feet. iii. Source: SanMiguel River. iv. Appropriation date: April 1, 1900. v. Amount: 0.8 cfs. vi. Use: Irrigation.vii. Remarks: Applicants seek to change 0.8 cfs owned by Silver Hawk. G. Reed-ChatfieldDitch: i. Original decree: Entered June 3, 1911 in Civil Action No. 1627, Water District No.60, by the District Court of Montrose County, State of Colorado. As to Naturita’s ownershipinterest, a decree for change in point of diversion and type of use, and to correct the erroneouslegal description of the original headgate location, was entered on June 22, 1978, in Case No. W-3151 by the District Court, Water Division No. 4. ii. Decreed point of diversion: The headgateis located on the north or right bank of the San Miguel River at a point whence the northeastcorner of Section 20, Township 46 North, Range 15 West of the N.M.P.M., bears North 34EWest 4185 feet. iii. Source: San Miguel River. iv. Appropriation date: July 1, 1896. v.Amount: 4.0 cfs. Of this amount, 0.5 cfs was transferred to the Doing Ditch, as describedbelow. vi. Use: Irrigation, municipal and domestic uses. vii. Remarks: Applicants seek tochange the full ownership interests of Naturita, Todd and Doll and Bell in this Reed-ChatfieldDitch priority. H. Reed-Chatfield Ditch: i. Original decree: Entered November 1, 1939 in CivilAction No. 4641, Water District No. 60, by the District Court of Montrose County, State ofColorado. As to Naturita’s ownership interest, a decree for change in point of diversion and typeof use, and to correct the erroneous legal description of the original headgate location, wasentered on June 22, 1978, in Case No. W-3151 by the District Court, Water Division No. 4. ii.Decreed point of diversion: The headgate is located on the north or right bank of the San MiguelRiver at a point whence the northeast corner of Section 20, Township 46 North, Range 15 Westof the N.M.P.M., bears North 34E West 4185 feet. iii. Source: San Miguel River. iv.Appropriation date: April 1, 1934. v. Amount: 6.0 cfs. Of this amount, 0.5 cfs was transferredto the Doing Ditch, as described below. vi. Use: Irrigation, municipal and domestic uses. vii.Remarks: Applicants seek to change the full ownership interests of Naturita, Todd and Doll andBell in this Reed-Chatfield Ditch priority. I. Doing Ditch: i. Original decree: Entered June 3,1911 in Civil Action No. 1627, Water District No. 60, by the District Court of Montrose County,State of Colorado. ii. A decree transferring 0.5 cfs from the Reed-Chatfield Ditch was enteredon November 8, 1974, in Case No. W-2210 by the District Court, Water Division No. 4. ii.Decreed point of diversion: The headgate is located on the north or right bank of the San MiguelRiver 20 rods Southeast of corner No. 2 of the Mansanita Placer Survey No. 5218, being alsocorner No. 1 Placer Survey No. 5217, being the Northeast quarter of Section 12, Township 46North, Range 15 West of the N.M.P.M. iii. Source: San Miguel River. iv. Appropriation date:July 1, 1896. v. Amount: 0.5 cfs. vi. Use: Irrigation. vii. Remarks: Applicants seek to

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change 0.5 cfs owned by Silver Hawk. J. Doing Ditch: i. Original decree: Entered June 3,1911 in Civil Action No. 1627, Water District No. 60, by the District Court of Montrose County,State of Colorado. ii. Decreed point of diversion: The headgate is located on the north or rightbank of the San Miguel River 20 rods Southeast of corner No. 2 of the Mansanita Placer SurveyNo. 5218, being also corner No. 1 Placer Survey No. 5217, being the Northeast quarter ofSection 12, Township 46 North, Range 15 West of the N.M.P.M. iii. Source: San MiguelRiver. iv. Appropriation date: October 1, 1902. v. Amount: 1.8 cfs. vi. Use: Irrigation. vii.Remarks: Applicants seek to change 1.8 cfs owned by Silver Hawk. K. Doing Ditch: i.Original decree: Entered November 1, 1939 in Civil Action No. 4641, Water District No. 60, bythe District Court of Montrose County, State of Colorado. A decree transferring 0.5 cfs from theReed-Chatfield Ditch was entered on November 8, 1974, in Case No. W-2210 by the DistrictCourt, Water Division No. 4. ii. Decreed point of diversion: The headgate is located on thenorth or right bank of the San Miguel River 20 rods Southeast of corner No. 2 of the MansanitaPlacer Survey No. 5218, being also corner No. 1 Placer Survey No. 5217, being the Northeastquarter of Section 12, Township 46 North, Range 15 West of the N.M.P.M. iii. Source: SanMiguel River. iv. Appropriation date: April 1, 1939. v. Amount: 0.5 cfs. vi. Use: Irrigation.vii. Remarks: Applicants seek to change 0.5 cfs owned by Silver Hawk. 4. Proposed change:On July 10, 1958, Tri-State’s water rights described above in paragraphs 3.A. through 3.E. werechanged from irrigation to irrigation and industrial uses to correspond with the building of theNucla Power Plant. Since approximately 1977 when the San Miguel River nearly went dry,with the consent of the Division Engineer and the local Water Commissioner, owners of thewater rights described above in paragraphs 3.A. through 3.K. have cooperatively engaged in apractice designed to reduce stream losses by diverting these senior rights during low flow periodsinto the headgate of the Highline Canal. Said headgate is located at a point whence the southeastcorner of Section 19, Township 46 North, Range 13 West of the N.M.P.M., bears North 73E East4350 feet. Under this historic practice, after diverting the senior rights into the Highline Canalheadgate, the water has been released back to the San Miguel River at a downstream locationthrough the two spill gates located along the Highline Canal (known respectively as the BrooksCanyon turnout and the Pruitt turnout) and subsequently diverted at the existing decreed pointsof diversion of said senior rights for use at the place the water has been historically used.Applicants seek a decree herein confirming the above-described historic practice and approvingthe Highline Canal headgate as an alternate point of diversion for the subject water rightsdescribed above in paragraphs 3.A. through 3.K. Applicants seek to change their full ownershipamounts in the subject water rights to the requested alternate point of diversion at the HighlineCanal headgate. However, no changes in type or place of use of the subject water rights arerequested herein by Applicants. Attached to this application as Exhibit A is a summary ofdiversion records for Tri-State’s Nucla Power Plant water rights identified above in paragraphs3.A. through 3.E., a copy of which is on file and available for inspection at the Office of theWater Clerk for Water Division No. 4. 5. Names and addresses of owners of land on whichstructures are located: BCD Ditch: John Reams, 28401 Highway 41, Naturita, CO 81422;Parkway Ditch: Silver Hawk, Ltd., c/o George Glasier, 31127 Highway 90, P.O. Box 98, Nucla,CO 81424-0098; New Parkway Ditch: Silver Hawk, Ltd., c/o George Glasier, 31127 Highway90, P.O. Box 98, Nucla, CO 81424-0098; Reed-Chatfield Ditch: Don Bennett, 30137 East 30Road, Nucla, CO 81424; Doing Ditch: Silver Hawk, Ltd., c/o George Glasier, 31127 Highway90, P.O. Box 98, Nucla, CO 81424-0098; Highline Canal: Steve Bennett, 30137 East 30 Road,Nucla, CO 81424. Montrose County.

38) Case No. 02CW262, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O ALEXANDRA L. DAVIS, Assistant Attorney General, Natural

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Resources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5713. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Big Blue Creek. 3. Location:a. Legal description of the stream segment through which an instream flow is claimed: Theconfluence with Failes Creek at latitude 38º 14' 55"N and longitude 107º 24' 23"W as theupstream terminus and extending to the head gate of Big Blue Ditch at latitude 38º 20' 45"N andlongitude 107º 25' 16"W as the downstream terminus, being a distance of approximately 7.5 miles.This segment can be located on the Lost Lake and Sheep Mountain U.S.G.S. quadrangles. 4.

a. Date of initiation of appropriation: January 23, 2002. b. Date water applied tobeneficial use: Water was first applied to beneficial use on January 23, 2002 pursuant to§ 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: The Board’s intent toappropriate was formed and acted upon at its regular meeting on January 23, 2002. A resolutiondirecting the staff to publicly notice the Board’s intent to appropriate this water right was passed bythe Colorado Water Conservation Board at its regular meeting on January 23, 2002. 5. Amount ofwater claimed (ABSOLUTE): Instream flow of 11.3 cfs (May 1 – October 31); 10.4 cfs(November 1 – April 30). 6. Remarks: This appropriation is made pursuant to the provisions of§§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). The purpose of this appropriationby the State of Colorado is to preserve the natural environment to a reasonable degree. The Boardhas made the determination that the natural environment will be preserved to a reasonable degree bythe water available for the appropriation to be made; that there is a natural environment that can bepreserved to a reasonable degree with the Board's water right herein, if granted; and that suchenvironment can exist without material injury to water rights. This determination was madesubsequent to requesting and considering recommendations from the U.S. Department ofAgriculture, U.S. Department of the Interior, Division of Wildlife and Division of Parks andOutdoor Recreation, among other things, and was presented upon Final Notice to the Board at itsregular meeting on July 24, 2002. San Miguel County.

39) Case No. 02CW263, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Blue Creek. 3.Location: a. Legal description of the stream segment through which an instream flow isclaimed: The confluence of Massey Branch at latitude 38º 36' 50"N and longitude 108º 44' 29"Was the upstream terminus and extending to the confluence of Calamity Creek at latitude 38º 32'06"N and longitude 108º 50' 02"W as the downstream terminus, being a distance of approximately8.8 miles. This segment can be located on the Calamity Mesa and Uncompahgre Butte U.S.G.S.quadrangles. 4. a. Date of initiation of appropriation: January 23, 2002. b. Date waterapplied to beneficial use: Water was first applied to beneficial use on January 23, 2002 pursuant to§ 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: A resolution directing the staffto publicly notice the Board’s intent to appropriate this water right was passed by the ColoradoWater Conservation Board at its regular meeting on January 23, 2002. 5. Amount of water claimed(ABSOLUTE): Instream flow of 2.1 cfs (March 15 – April 14); 5.5 cfs (April 15 – May 14); 2.1cfs (May 15 – June 14); 0.5 cfs (June 15 – March 14). 6. Remarks: This appropriation is madepursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). Thepurpose of this appropriation by the State of Colorado is to preserve the natural environment to areasonable degree. The Board has made the determination that the natural environment will be

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preserved to a reasonable degree by the water available for the appropriation to be made; that thereis a natural environment that can be preserved to a reasonable degree with the Board's water rightherein, if granted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division ofParks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on May 21, 2002. San Miguel County.

40) Case No. 02CW264, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Blue Creek. 3. Location:a. Legal description of the stream segment through which an instream flow is claimed: Theconfluence of Calamity Creek at latitude 38º 32' 06"N and longitude 108º 50' 02"W as theupstream terminus and extending to the confluence of the headgate of the Tom Watkins Ditch atlatitude 38º 32' 12"N and longitude 108º 52' 27"W as the downstream terminus, being a distanceof approximately 3.0 miles. This segment can be located on the Calamity Mesa U.S.G.S.quadrangle. 4. a. Date of initiation of appropriation: January 23, 2002. b. Date water applied tobeneficial use: Water was first applied to beneficial use on January 23, 2002 pursuant to§ 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: A resolution directing the staffto publicly notice the Board’s intent to appropriate this water right was passed by the ColoradoWater Conservation Board at its regular meeting on January 23, 2002. 5. Amount of water claimed(ABSOLUTE): Instream flow of 1.0 cfs (March 15 – April 14); 3.5 cfs (April 15 – May 14); 1.0cfs (May 15 – June 14); 0.5 cfs (June 15 – March 14). 6. Remarks: This appropriation is madepursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). Thepurpose of this appropriation by the State of Colorado is to preserve the natural environment to areasonable degree. The Board has made the determination that the natural environment will bepreserved to a reasonable degree by the water available for the appropriation to be made; that thereis a natural environment that can be preserved to a reasonable degree with the Board's water rightherein, if granted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division ofParks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on May 21, 2002. San Miguel County.

41) Case No. 02CW265, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Butcher Creek. 3. Location:a. Legal description of the stream segment through which an instream flow is claimed: Theheadwaters at latitude 37º 57' 16"N and longitude 107º 48' 43"W as the upstream terminus andextending to the Brewery Pipeline Diversion at latitude 37º 56' 40"N and longitude 107º 49' 12"Was the downstream terminus, being a distance of approximately 0.9 miles. This segment can belocated on the Telluride U.S.G.S. quadrangle. 4. a. Date of initiation of appropriation: January 23,2002. b. Date water applied to beneficial use: Water was first applied to beneficial use on January

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23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: Aresolution directing the staff to publicly notice the Board’s intent to appropriate this water right waspassed by the Colorado Water Conservation Board at its regular meeting on January 23, 2002. 5.Amount of water claimed (ABSOLUTE): Instream flow of 0.65 cfs (May 15 – July 31); 0.2 cfs(August 1 – May 14). 6. Remarks: This appropriation is made pursuant to the provisions of§§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). The purpose of this appropriationby the State of Colorado is to preserve the natural environment to a reasonable degree. The Boardhas made the determination that the natural environment will be preserved to a reasonable degree bythe water available for the appropriation to be made; that there is a natural environment that can bepreserved to a reasonable degree with the Board's water right herein, if granted; and that suchenvironment can exist without material injury to water rights. This determination was madesubsequent to requesting and considering recommendations from the U.S. Department ofAgriculture, U.S. Department of the Interior, Division of Wildlife and Division of Parks andOutdoor Recreation, among other things, and was presented upon Final Notice to the Board at itsregular meeting on May 21, 2002. San Miguel County.

42) Case No. 02CW266, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Chapman Gulch. 3.Location: a. Legal description of the stream segment through which an instream flow is claimed:The headwaters at latitude 37º 51' 52"N and longitude 107º 47' 35"W as the upstream terminusand extending to the confluence of Howard’s Fork San Miguel River at latitude 37º 51' 25"N andlongitude 107º 48' 28"W as the downstream terminus, being a distance of approximately 0.8 miles.This segment can be located on the Ophir U.S.G.S. quadrangle. 4. a. Date of initiation ofappropriation: January 23, 2002. b. Date water applied to beneficial use: Water was first applied tobeneficial use on January 23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. Howappropriation was initiated: A resolution directing the staff to publicly notice the Board’s intent toappropriate this water right was passed by the Colorado Water Conservation Board at its regularmeeting on January 23, 2002. 5. Amount of water claimed (ABSOLUTE): Instream flow of 1.8cfs (May 15 – July 14); 0.3 cfs (July 15 – May 14). 6. Remarks: This appropriation is madepursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). Thepurpose of this appropriation by the State of Colorado is to preserve the natural environment to areasonable degree. The Board has made the determination that the natural environment will bepreserved to a reasonable degree by the water available for the appropriation to be made; that thereis a natural environment that can be preserved to a reasonable degree with the Board's water rightherein, if granted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division ofParks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on May 21, 2002. San Miguel County.

43) Case No. 02CW267, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO

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80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Eider Creek. 3. Location: a.Legal description of the stream segment through which an instream flow is claimed: Theheadwaters at latitude 37º 58' 58"N and longitude 107º 50' 39"W as the upstream terminus andextending to Highway 145 at latitude 37º 56' 56"N and longitude 107º 50' 46"W as thedownstream terminus, being a distance of approximately 2.5 miles. This segment can be located onthe Telluride U.S.G.S. quadrangle. 4. a. Date of initiation of appropriation: January 23, 2002. b.Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2002pursuant to § 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: A resolutiondirecting the staff to publicly notice the Board’s intent to appropriate this water right was passed bythe Colorado Water Conservation Board at its regular meeting on January 23, 2002. 5. Amount ofwater claimed (ABSOLUTE): Instream flow of 1.0 cfs (March 15 – May 14); 5.25 cfs (May 15 –July 14); 1.0 cfs (July 15 – December 14); 0.85 cfs (December 15 – March 14). 6. Remarks:This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3), (4) and(10), C.R.S. (2001). The purpose of this appropriation by the State of Colorado is to preserve thenatural environment to a reasonable degree. The Board has made the determination that the naturalenvironment will be preserved to a reasonable degree by the water available for the appropriation tobe made; that there is a natural environment that can be preserved to a reasonable degree with theBoard's water right herein, if granted; and that such environment can exist without material injury towater rights. This determination was made subsequent to requesting and consideringrecommendations from the U.S. Department of Agriculture, U.S. Department of the Interior,Division of Wildlife and Division of Parks and Outdoor Recreation, among other things, and waspresented upon Final Notice to the Board at its regular meeting on May 21, 2002. San MiguelCounty.

44) Case No. 02CW268, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Groundhog Gulch. 3.Location: a. Legal description of the stream segment through which an instream flow is claimed:The headwaters at latitude 37º 48' 55"N and longitude 107º 50' 41"W as the upstream terminusand extending to the confluence of Lake Fork San Miguel River at latitude 37º 48' 55"N andlongitude 107º 52' 29"W as the downstream terminus, being a distance of approximately 1.9 miles.This segment can be located on the Ophir U.S.G.S. quadrangle. 4. a. Date of initiation ofappropriation: January 23, 2002. b. Date water applied to beneficial use: Water was first applied tobeneficial use on January 23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. Howappropriation was initiated: A resolution directing the staff to publicly notice the Board’s intent toappropriate this water right was passed by the Colorado Water Conservation Board at its regularmeeting on January 23, 2002. 5. Amount of water claimed (ABSOLUTE): Instream flow of 0.9cfs (May 15 – October 14); 0.6 cfs (October 15 – May 14). 6. Remarks: This appropriation ismade pursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001).The purpose of this appropriation by the State of Colorado is to preserve the natural environment toa reasonable degree. The Board has made the determination that the natural environment will bepreserved to a reasonable degree by the water available for the appropriation to be made; that thereis a natural environment that can be preserved to a reasonable degree with the Board's water rightherein, if granted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division of

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Parks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on May 21, 2002. San Miguel County.

45) Case No. 02CW269, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Howard’s Fork San MiguelRiver. 3. Location: a. Legal description of the stream segment through which an instream flow isclaimed: The confluence of Waterfall Creek at latitude 37º 51' 24"N and longitude 107º 50' 05"Was the upstream terminus and extending to the inlet of an unnamed lake at latitude 37º 51' 28"N andlongitude 107º 51' 40"W as the downstream terminus, being a distance of approximately 1.5 miles.This segment can be located on the Ophir U.S.G.S. quadrangle. 4.a. Date of initiation ofappropriation: January 23, 2002. b. Date water applied to beneficial use: Water was first applied tobeneficial use on January 23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. Howappropriation was initiated: A resolution directing the staff to publicly notice the Board’s intent toappropriate this water right was passed by the Colorado Water Conservation Board at its regularmeeting on January 23, 2002. 5. Amount of water claimed (ABSOLUTE): Instream flow of 8.3cfs (May 15 – October 31); 3.0 cfs (November 1 – May 14). 6. Remarks: This appropriation ismade pursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001).The purpose of this appropriation by the State of Colorado is to preserve the natural environment toa reasonable degree. The Board has made the determination that the natural environment will bepreserved to a reasonable degree by the water available for the appropriation to be made; that thereis a natural environment that can be preserved to a reasonable degree with the Board's water rightherein, if granted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division ofParks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on May 21, 2002. San Miguel County.

46) Case No. 02CW270, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Howard’s Fork San MiguelRiver. 3. Location: a. Legal description of the stream segment through which an instream flow isclaimed: The headwaters at latitude 37º 51' 04"N and longitude 107º 46' 58"W as the upstreamterminus and extending to the confluence of Waterfall Creek at latitude 37º 51' 24"N and longitude107º 50' 05"W as the downstream terminus, being a distance of approximately 3.1 miles. Thissegment can be located on the Ophir U.S.G.S. quadrangle. 4. a. Date of initiation of appropriation:January 23, 2002. b. Date water applied to beneficial use: Water was first applied to beneficial useon January 23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. How appropriation wasinitiated: A resolution directing the staff to publicly notice the Board’s intent to appropriate thiswater right was passed by the Colorado Water Conservation Board at its regular meeting on January23, 2002. 5. Amount of water claimed (ABSOLUTE): Instream flow of 5.6 cfs (May 15 –September 14); 1.5 cfs (September 15 – May 14). 6. Remarks: This appropriation is madepursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). The

34

purpose of this appropriation by the State of Colorado is to preserve the natural environment to areasonable degree. The Board has made the determination that the natural environment will bepreserved to a reasonable degree by the water available for the appropriation to be made; that thereis a natural environment that can be preserved to a reasonable degree with the Board's water rightherein, if granted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division ofParks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on May 21, 2002. San Miguel County.

47) Case No. 02CW271, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),MONTROSE COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: La Sal Creek. 3.Location: a. Legal description of the stream segment through which an instream flow is claimed:The confluence of Sharp Canyon at latitude 38º 19' 26"N and longitude 108º 59' 32"W as theupstream terminus and extending to the confluence of the Dolores River at latitude 38º 16' 43"Nand longitude 108º 55' 51"W as the downstream terminus, being a distance of approximately 6.0miles. This segment can be located on the Paradox U.S.G.S. quadrangle. 4. a. Date of initiation ofappropriation: January 23, 2002. b. Date water applied to beneficial use: Water was first applied tobeneficial use on January 23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. Howappropriation was initiated: A resolution directing the staff to publicly notice the Board’s intent toappropriate this water right was passed by the Colorado Water Conservation Board at its regularmeeting on January 23, 2002. 5. Amount of water claimed (ABSOLUTE): Instream flow of 5.1cfs (March 15 – June 14); 1.2 cfs (June 15 – December 14); 3.0 cfs (December 15 – March 14).6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and37-92-103(3), (4) and (10), C.R.S. (2001). The purpose of this appropriation by the State ofColorado is to preserve the natural environment to a reasonable degree. The Board has made thedetermination that the natural environment will be preserved to a reasonable degree by the wateravailable for the appropriation to be made; that there is a natural environment that can be preservedto a reasonable degree with the Board's water right herein, if granted; and that such environment canexist without material injury to water rights. This determination was made subsequent to requestingand considering recommendations from the U.S. Department of Agriculture, U.S. Department of theInterior, Division of Wildlife and Division of Parks and Outdoor Recreation, among other things,and was presented upon Final Notice to the Board at its regular meeting on May 21, 2002.Montrose County.

48) Case No. 02CW272, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Lizard Head Creek. 3.Location: a. Legal description of the stream segment through which an instream flow is claimed:The headwaters at latitude 37º 48' 44"N and longitude 107º 54' 16"W as the upstream terminusand extending to the inlet of Trout Lake at latitude 37º 49' 33"N and longitude 107º 53' 22"W asthe downstream terminus, being a distance of approximately 1.7 miles. This segment can be located

35

on the Mount Wilson U.S.G.S. quadrangle. 4. a. Date of initiation of appropriation: January 23,2002. b. Date water applied to beneficial use: Water was first applied to beneficial use on January23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: Aresolution directing the staff to publicly notice the Board’s intent to appropriate this water right waspassed by the Colorado Water Conservation Board at its regular meeting on January 23, 2002. 5.Amount of water claimed (ABSOLUTE): Instream flow of 1.1 cfs (May 15 – October 31); 0.8 cfs(November 1 – May 14). 6. Remarks: This appropriation is made pursuant to the provisions of§§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). The purpose of this appropriationby the State of Colorado is to preserve the natural environment to a reasonable degree. The Boardhas made the determination that the natural environment will be preserved to a reasonable degree bythe water available for the appropriation to be made; that there is a natural environment that can bepreserved to a reasonable degree with the Board's water right herein, if granted; and that suchenvironment can exist without material injury to water rights. This determination was madesubsequent to requesting and considering recommendations from the U.S. Department ofAgriculture, U.S. Department of the Interior, Division of Wildlife and Division of Parks andOutdoor Recreation, among other things, and was presented upon Final Notice to the Board at itsregular meeting on May 21, 2002. San Miguel County.

49) Case No. 02CW273, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Mill Creek. 3. Location: a.Legal description of the stream segment through which an instream flow is claimed: Theheadwaters at latitude 37º 58' 36"N and longitude 107º 48' 02"W as the upstream terminus andextending to the Diversion Point at latitude 37º 57' 44"N and longitude 107º 49' 27"W as thedownstream terminus, being a distance of approximately 2.0 miles. This segment can be located onthe Telluride U.S.G.S. quadrangle. 4. a. Date of initiation of appropriation: January 23, 2002. b.Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2002pursuant to § 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: A resolutiondirecting the staff to publicly notice the Board’s intent to appropriate this water right was passed bythe Colorado Water Conservation Board at its regular meeting on January 23, 2002. 5. Amount ofwater claimed (ABSOLUTE): Instream flow of 6.7 cfs (May 1 – July 14); 2.4 cfs (July 15 -November 30); 1.9 cfs (December 1 – April 30). 6. Remarks: This appropriation is madepursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). Thepurpose of this appropriation by the State of Colorado is to preserve the natural environment to areasonable degree. The Board has made the determination that the natural environment will bepreserved to a reasonable degree by the water available for the appropriation to be made; that thereis a natural environment that can be preserved to a reasonable degree with the Board's water rightherein, if granted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division ofParks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on May 21, 2002. San Miguel County.

50) Case No. 02CW274, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),MONTROSE AND MESA COUNTIES, C/O SEAN T. MCALLISTER, Assistant AttorneyGeneral, Natural Resources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor,

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Denver, Colorado 80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name,address, telephone number of applicant: Colorado Water Conservation Board, 1313 ShermanSt., #721, Denver, CO 80203, Telephone No. (303) 866-3441. 2. Name of natural stream:North Fork Mesa Creek. 3. Location: a. Legal description of the stream segment through whichan instream flow is claimed: The confluence of Long Canyon at latitude 38º 33' 48"N andlongitude 108º 45' 22"W as the upstream terminus and extending to the headgate of Cedar TreeDitch at latitude 38º 29' 45"N and longitude 108º 47' 38"W as the downstream terminus, being adistance of approximately 5.9 miles. This segment can be located on the Calamity Mesa,Uncompahgre Butte and Red Canyon U.S.G.S. quadrangles. 4. a. Date of initiation ofappropriation: January 23, 2002. b. Date water applied to beneficial use: Water was first applied tobeneficial use on January 23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. Howappropriation was initiated: A resolution directing the staff to publicly notice the Board’s intent toappropriate this water right was passed by the Colorado Water Conservation Board at its regularmeeting on January 23, 2002. 5. Amount of water claimed (ABSOLUTE): Instream flow of 1.9cfs (March 1 – March 31); 2.75 cfs (April 1- May 31); 0.5 cfs (June 1 – February 29). 6.Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and37-92-103(3), (4) and (10), C.R.S. (2001). The purpose of this appropriation by the State ofColorado is to preserve the natural environment to a reasonable degree. The Board has made thedetermination that the natural environment will be preserved to a reasonable degree by the wateravailable for the appropriation to be made; that there is a natural environment that can be preservedto a reasonable degree with the Board's water right herein, if granted; and that such environment canexist without material injury to water rights. This determination was made subsequent to requestingand considering recommendations from the U.S. Department of Agriculture, U.S. Department of theInterior, Division of Wildlife and Division of Parks and Outdoor Recreation, among other things,and was presented upon Final Notice to the Board at its regular meeting on May 21, 2002.Montrose and Mesa Counties.

51) Case No. 02CW275, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),MONTROSE COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Roc Creek. 3. Location: a.Legal description of the stream segment through which an instream flow is claimed: Theconfluence on an unnamed tributary at latitude 38º 28' 06"N and longitude 109º 00' 27"W as theupstream terminus and extending to the confluence of the Dolores River at latitude 38º 28' 09"Nand longitude 108º 51' 39"W as the downstream terminus, being a distance of approximately 10.0miles. This segment can be located on the Buckeye Reservoir, Roc Creek and Red CanyonU.S.G.S. quadrangles. 4. a. Date of initiation of appropriation: January 23, 2002. b. Date waterapplied to beneficial use: Water was first applied to beneficial use on January 23, 2002 pursuant to§ 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: A resolution directing the staffto publicly notice the Board’s intent to appropriate this water right was passed by the ColoradoWater Conservation Board at its regular meeting on January 23, 2002. 5. Amount of water claimed(ABSOLUTE): Instream flow of 6.6 cfs (March 15 – June 14); 1.5 cfs (June 15 – March 14). 6.Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and37-92-103(3), (4) and (10), C.R.S. (2001). The purpose of this appropriation by the State ofColorado is to preserve the natural environment to a reasonable degree. The Board has made thedetermination that the natural environment will be preserved to a reasonable degree by the wateravailable for the appropriation to be made; that there is a natural environment that can be preserved

37

to a reasonable degree with the Board's water right herein, if granted; and that such environment canexist without material injury to water rights. This determination was made subsequent to requestingand considering recommendations from the U.S. Department of Agriculture, U.S. Department of theInterior, Division of Wildlife and Division of Parks and Outdoor Recreation, among other things,and was presented upon Final Notice to the Board at its regular meeting on May 21, 2002.Montrose County.

52) Case No. 02CW276, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),SAN MIGUEL COUNTY, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Royer Gulch. 3. Location:a. Legal description of the stream segment through which an instream flow is claimed: Theheadwaters at latitude 37º 57' 07"N and longitude 107º 46' 54"W as the upstream terminus andextending to the confluence of the San Miguel River at latitude 37º 55' 54"N and longitude 107º47' 19"W as the downstream terminus, being a distance of approximately 1.5 miles. This segmentcan be located on the Telluride U.S.G.S. quadrangle. 4. a. Date of initiation of appropriation:January 23, 2002. b. Date water applied to beneficial use: Water was first applied to beneficial useon January 23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. How appropriation wasinitiated: A resolution directing the staff to publicly notice the Board’s intent to appropriate thiswater right was passed by the Colorado Water Conservation Board at its regular meeting on January23, 2002. 5. Amount of water claimed (ABSOLUTE): Instream flow of 1.3 cfs (May 1 – July31); 0.35 cfs (August 1 – April 30). 6. Remarks: This appropriation is made pursuant to theprovisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). The purpose of thisappropriation by the State of Colorado is to preserve the natural environment to a reasonable degree.The Board has made the determination that the natural environment will be preserved to areasonable degree by the water available for the appropriation to be made; that there is a naturalenvironment that can be preserved to a reasonable degree with the Board's water right herein, ifgranted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division ofParks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on May 21, 2002. San Miguel County.

53) Case No. 02CW277, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),San Miguel and Montrose Counties, c/o Sean T. McAllister, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: San Miguel River. 3.Location: a. Legal description of the stream segment through which an instream flow is claimed:The confluence of Fall Creek at latitude 37º 59' 35"N and longitude 108º 01' 27"W as theupstream terminus and extending to a point immediately upstream of the confluence of HorseflyCreek at latitude 38º 12' 19"N and longitude 108º 18' 44"W as the downstream terminus, being adistance of approximately 24.1 miles. This segment can be located on the Norwood, Sanborn Park,Gurley Canyon, Placerville and Little Cone U.S.G.S. quadrangles. 4. a. Date of initiation ofappropriation: January 23, 2002. b. Date water applied to beneficial use: Water was first applied tobeneficial use on January 23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. How

38

appropriation was initiated: A resolution directing the staff to publicly notice the Board’s intent toappropriate this water right was passed by the Colorado Water Conservation Board at its regularmeeting on January 23, 2002. 5. Amount of water claimed (ABSOLUTE): Instream flow of 93.0cfs (May 1 – October 14); 61.0 cfs (October 15 – April 30). 6. Remarks: This appropriation ismade pursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001).The purpose of this appropriation by the State of Colorado is to preserve the natural environment toa reasonable degree. The Board has made the determination that the natural environment will bepreserved to a reasonable degree by the water available for the appropriation to be made; that thereis a natural environment that can be preserved to a reasonable degree with the Board's water rightherein, if granted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division ofParks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on May 21, 2002. San Miguel and Montrose Counties.

54) Case No. 02CW278, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),Montrose and Mesa Counties, C/O SEAN T. MCALLISTER, Assistant Attorney General,Natural Resources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver,Colorado 80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address,telephone number of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721,Denver, CO 80203, Telephone No. (303) 866-3441. 2. Name of natural stream: South ForkMesa Creek. 3. Location: a. Legal description of the stream segment through which an instreamflow is claimed: The confluence of an unnamed tributary at latitude 38º 31' 08"N and longitude108º 38' 49"W as the upstream terminus and extending to the confluence of East Mesa Creek atlatitude 38º 36' 55"N and longitude 108º 47' 27"W as the downstream terminus, being a distanceof approximately 10.4 miles. This segment can be located on the Uncompahgre Butte, Red Canyonand Atkinson Creek U.S.G.S. quadrangles. 4. a. Date of initiation of appropriation: January 23,2002. b. Date water applied to beneficial use: Water was first applied to beneficial use on January23, 2002 pursuant to § 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: Aresolution directing the staff to publicly notice the Board’s intent to appropriate this water right waspassed by the Colorado Water Conservation Board at its regular meeting on January 23, 2002. 5.Amount of water claimed (ABSOLUTE): Instream flow of 1.25 cfs (March 1 – March 31); 2.0 cfs(April 1 – May 31); 0.3 cfs (June 1 – February 29). 6. Remarks: This appropriation is madepursuant to the provisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). Thepurpose of this appropriation by the State of Colorado is to preserve the natural environment to areasonable degree. The Board has made the determination that the natural environment will bepreserved to a reasonable degree by the water available for the appropriation to be made; that thereis a natural environment that can be preserved to a reasonable degree with the Board's water rightherein, if granted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division ofParks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on May 21, 2002. Montrose and Mesa Counties.

55) Case No. 02CW279, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),Montrose and Mesa Counties, C/O ALEXANDRA L. DAVIS, Assistant Attorney General,Natural Resources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver,Colorado 80203. Telephone: (303) 866-5713. FAX: (303) 866-3558. 1. Name, address,telephone number of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721,

39

Denver, CO 80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Specie Creek.3. Location: a. Legal description of the stream segment through which an instream flow isclaimed: The confluence with an unnamed tributary at latitude 37º 59' 28"N and longitude 108º06' 36"W as the upstream terminus and extending to the confluence with the San Miguel River atlatitude 38º 01' 51"N and longitude 108º 06' 33"W as the downstream terminus, being a distanceof approximately 3.2 miles. This segment can be located on the Placerville and Little ConeU.S.G.S. quadrangles. 4. a. Date of initiation of appropriation: January 23, 2002. b. Date waterapplied to beneficial use: Water was first applied to beneficial use on January 23, 2002 pursuant to§ 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: The Board’s intent toappropriate was formed and acted upon at its regular meeting on January 23, 2002. A resolutiondirecting the staff to publicly notice the Board’s intent to appropriate this water right was passed bythe Colorado Water Conservation Board at its regular meeting on January 23, 2002. 5. Amount ofwater claimed (ABSOLUTE): Instream flow of 1.6 cfs (April 1 – April 30); 4.3 cfs (May 1 – May31); 0.2 cfs (June 1 – March 31). 6. Remarks: This appropriation is made pursuant to theprovisions of §§ 37-92-102(3) and 37-92-103(3), (4) and (10), C.R.S. (2001). The purpose of thisappropriation by the State of Colorado is to preserve the natural environment to a reasonable degree.The Board has made the determination that the natural environment will be preserved to areasonable degree by the water available for the appropriation to be made; that there is a naturalenvironment that can be preserved to a reasonable degree with the Board's water right herein, ifgranted; and that such environment can exist without material injury to water rights. Thisdetermination was made subsequent to requesting and considering recommendations from the U.S.Department of Agriculture, U.S. Department of the Interior, Division of Wildlife and Division ofParks and Outdoor Recreation, among other things, and was presented upon Final Notice to theBoard at its regular meeting on September 11, 2002. Montrose and Mesa Counties.

56) Case No. 02CW280, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),San Miguel County, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Swamp Canyon Creek. 3.Location: a. Legal description of the stream segment through which an instream flow is claimed:The outlet of an unnamed lake at latitude 37º 49' 42"N and longitude 107º 48' 25"W as theupstream terminus and extending to the confluence of Howard’s Fork San Miguel River at latitude37º 51' 18"N and longitude 107º 48' 11"W as the downstream terminus, being a distance ofapproximately 2.2 miles. This segment can be located on the Ophir U.S.G.S. quadrangle. 4. a.Date of initiation of appropriation: January 23, 2002. b. Date water applied to beneficial use:Water was first applied to beneficial use on January 23, 2002 pursuant to § 37-92-103(4), C.R.S.(2001). c. How appropriation was initiated: A resolution directing the staff to publicly notice theBoard’s intent to appropriate this water right was passed by the Colorado Water Conservation Boardat its regular meeting on January 23, 2002. 5. Amount of water claimed (ABSOLUTE): Instreamflow of 3.0 cfs (May 1 – August 14); 1.4 cfs (August 15 – October 14); 0.9 cfs (October 15 –April 30). 6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3)and 37-92-103(3), (4) and (10), C.R.S. (2001). The purpose of this appropriation by the State ofColorado is to preserve the natural environment to a reasonable degree. The Board has made thedetermination that the natural environment will be preserved to a reasonable degree by the wateravailable for the appropriation to be made; that there is a natural environment that can be preservedto a reasonable degree with the Board's water right herein, if granted; and that such environment canexist without material injury to water rights. This determination was made subsequent to requesting

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and considering recommendations from the U.S. Department of Agriculture, U.S. Department of theInterior, Division of Wildlife and Division of Parks and Outdoor Recreation, among other things,and was presented upon Final Notice to the Board at its regular meeting on May 21, 2002. SanMiguel County.

57) Case No. 02CW281, APPLICATION FOR WATER RIGHTS (INSTREAM FLOW),San Miguel County, C/O SEAN T. MCALLISTER, Assistant Attorney General, NaturalResources Section, Attorneys for CWCB, 1525 Sherman Street, 5th Floor, Denver, Colorado80203. Telephone: (303) 866-5053. FAX: (303) 866-3558. 1. Name, address, telephonenumber of applicant: Colorado Water Conservation Board, 1313 Sherman St., #721, Denver, CO80203, Telephone No. (303) 866-3441. 2. Name of natural stream: Waterfall Creek. 3.Location: a. Legal description of the stream segment through which an instream flow is claimed:The natural stream channel from the headwaters at latitude 37º 49' 03"N and longitude 107º 49'37"W as the upstream terminus and extending to the confluence of Howard’s Fork San MiguelRiver at latitude 37º 51' 24"N and longitude 107º 50' 05"W as the downstream terminus, being adistance of approximately 3.0 miles. This segment can be located on the Ophir U.S.G.S.quadrangle. 4.a. Date of initiation of appropriation: January 23, 2002. b. Date water applied tobeneficial use: Water was first applied to beneficial use on January 23, 2002 pursuant to§ 37-92-103(4), C.R.S. (2001). c. How appropriation was initiated: A resolution directing the staffto publicly notice the Board’s intent to appropriate this water right was passed by the ColoradoWater Conservation Board at its regular meeting on January 23, 2002. 5. Amount of water claimed(ABSOLUTE): Instream flow of 3.5 cfs (May 1 – August 31); 1.3 cfs (September 1 – April 30).6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and37-92-103(3), (4) and (10), C.R.S. (2001). The purpose of this appropriation by the State ofColorado is to preserve the natural environment to a reasonable degree. The Board has made thedetermination that the natural environment will be preserved to a reasonable degree by the wateravailable for the appropriation to be made; that there is a natural environment that can be preservedto a reasonable degree with the Board's water right herein, if granted; and that such environment canexist without material injury to water rights. This determination was made subsequent to requestingand considering recommendations from the U.S. Department of Agriculture, U.S. Department of theInterior, Division of Wildlife and Division of Parks and Outdoor Recreation, among other things,and was presented upon Final Notice to the Board at its regular meeting on May 21, 2002. SanMiguel County.

58) Case No. 02CW282, Paul H. Nicolas and Paul Shane Nicolas, 64261 Holly Road,Montrose, CO 81401; Application for Surface Water Rights: NICOLAS SPRING NO. 1, 2, 3, 4AND 5. Nicholas Spring No. 1 – at a point described as the SE ¼ of the NE ¼ of Section 20 ofRange 90 West, Township 47 North, N.M.P.M. 738 feet south of the north section line on theeast section line. UTM – 285947mE, 4246729mN. Nicholas Spring No. 2 – at a point describedas SW ¼ NW ¼ NE ¼ of Section 20 of Range 90 West, Township 47 North, N.M.P.M. 916 feetsouth of the north and 2267 feet west of the east section lines. UTM – 285252mE, 4243693mN.Nicolas Spring No. 3 – at a point described as the SE ¼ of the SE ¼ of the NW ¼ of Section 20of Range 90 West, Township 47 North, N.M.P.M. 2474 feet south of the north and 2749 feetwest of the east section lines. UTM – 285097mE, 4243218mN. Nicolas Spring No. 4 – at apoint described as the NE ¼ of the SW ¼ of the NW ¼ of Section 20 of Range 90 West,Township 47 North, N.M.P.M. 1949 feet south of the north and 812 feet east of the west sectionlines. UTM – 28457mE,4243395mN. Nicolas Spring No. 5 at a point described as the NE ¼ ofthe NE ¼ of the SW ¼ of Section 20 of Range 90 West, Township 47 North, N.M.P.M. 2109feet north of the south and 2178 feet east of the west section lines. UTM – 284976mE,

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4243010mN. Source of Water: Big Cimarron River. Decree for .15 c.f.s. springs 1-4 and .25c.f.s. for spring no. 5 all absolute; Appropriation Date: March 26, 1921; Use: Livestock andWildlife. Gunnison County.

59) Case No. 02CW283, Case No. 02CW283, Paul Hudgeons, P.O. Box 905, 212 Lake St., LakeCity, CO 81235, (970) 944-2522. Please send copies of all filings to K.G. Moore, Esq., Carlson,Hammond & Paddock, L.L.C., 1700 Lincoln St., Suite 3900, Denver, CO 80203-4539, (303)861-9000. Application for Underground Water Right, Water Storage Right, Appropriative Rightof Exchange, and for Approval of a Plan for Augmentation. Application for Underground WaterRight: Existing Well and Well Permit: Lake Street Pond; Well Permit No.: None; Located in theSW¼ of the SW¼ of Sec. 27, T44N, R4W, 1585 feet from the S Section Line and 2435 feet fromthe W Section Line, N.M.P.M., Hinsdale County; Source: Lake Fork of the Gunnison River;Depth: 6-7 feet; Date of Appropriation: 1990; Appropriation Was Initiated: By construction ofthe pond, diversion of water, and its application to beneficial use; Amount Claimed: 0.2 acre-foot, absolute; Use: Wildlife habitat, recreation, aesthetic, and piscatorial; Remarks: The LakeStreet Pond is a shallow pond that is adjacent to and hydrologically connected to the Lake Forkof the Gunnison River. The pond intercepts the groundwater and, when not filled with surfacediversions from the stream, the pond’s water fluctuates with the level of the Lake Fork. Becausethe pond intercepts groundwater and that water is put to beneficial use, the pond requires a wellpermit pursuant to C.R.S. § 37-90-137. Application for Absolute Water Storage Right:Description of the Structure: Lake Street Pond; Located in the SW¼ of the SW¼ of Sec. 27,T44N, R4W, 1585 feet from the S Section Line and 2435 feet from the W Section Line,N.M.P.M., Hinsdale County; If Off-Channel Reservoir, Name and Capacity of Ditch or DitchesUsed to Fill Reservoir: Lake Street Pond Ditch, a point of diversion located in the SW¼ of theSW¼ of Sec. 27, T44N, R4W, 1585 feet from the S Section Line and 2435 feet from the WSection Line, N.M.P.M., Hinsdale County. The ditch runs a short distance across the landbetween the pond and the Lake Fork of the Gunnison River. At times of high flows in the LakeFork, the ditch is inundated by the Lake Fork. The waters from the pond return to the Lake Forkthrough a historical stream channel that runs from the pond to the river. Diversions from theLake Fork will be used to keep the pond full, and to provide freshening flows; Date ofAppropriation: 1990; How Appropriation Was Initiated: Construction of pond and application ofwater to beneficial use; Date Water Applied to Beneficial Use: 1990; Amount Claimed: 1.0acre-foot, absolute, with the right to maintain a freshening flow through the pond; Source: LakeFork of the Gunnison River; If Off-Channel Reservoir, Rate of Diversion: up to 1.0 c.f.s.;Surface Area of High Water Line: 0.11 acres; Maximum Height of Dam: No dam – this is anexcavated pond; Length of Dam: N/A; Total Capacity: 1.0 acre-foot; Use of Water: Wildlifehabitat, recreation, aesthetic, and piscatorial; Application for Appropriative Right of Exchange:Name of Structures to be Used in Exchange: Lake Street Pond Ditch and Blue Mesa Reservoir;Source: Substitute supply to be used in exchange will be up to1.0 acre-foot from the Blue MesaReservoir under a Water Supply Contract with either the Upper Gunnison River ConservationDistrict or the U.S. Bureau of Reclamation. Said Water Supply Contract falls within theparameters of the Bureau of Reclamation’s agreement to subordinate 60,000 acre-feet of waterfor in-basin water resource development; Description of Exchange: The substitute supply will bedelivered to the Gunnison River from Blue Mesa Reservoir. An equivalent amount of water willbe diverted from the Lake Fork upstream at the Lake Street Pond Ditch described in thisApplication; Date of Appropriation: October 9, 2002; How Appropriation Was Initiated: Byformation of intent to appropriate and other acts in furtherance of the appropriation; Date WaterApplied to Beneficial Use: N/A; Amount Claimed: 1.0 acre-foot, conditional, with the right tomaintain a freshening flow through the pond; Use of Water: Wildlife habitat, recreation,

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aesthetic, and piscatorial; Exchange Reaches: Downstream Terminus of Exchange: On theGunnison River from the point of diversion downstream of the Blue Mesa Reservoir. The initialpoint of survey of Blue Mesa Dam is located at a point on the right abutment being theintersection of the center line of the axis of the dam and of the center line of the outlet workstunnel, whence the SW corner of Sec. 31, T49N, R4W, N.M.P.M. bears N 78º W a distance of3,207.07 feet; Upstream Terminus of Exchange: On the Lake Fork of the Gunnison River at theLake Street Pond Ditch, a point of diversion located in the SW¼ of the SW¼ of Sec. 27, T44N,R4W, 1585 feet from the S Section Line and 2435 feet from the W Section Line, N.M.P.M.,Hinsdale County. The Applicant is the owner of the property on which the Lake Street Pond islocated. Application for Approval of a Plan for Augmentation: Names of Structure to BeAugmented: Lake Street Pond; Previous Decree for Water Rights to be Used for Augmentation:Name: Blue Mesa Reservoir; Date Entered: March 30, 1960; Case No.: Civil Action No. 6981;Court: District Court, Water Division No. 4, former Water District No. 62; Type of Water Right:Storage; Legal Description: The initial point of survey of Blue Mesa Dam is located at a point onthe right abutment being the intersection of the center line of the axis of the dam and of thecenter line of the outlet works tunnel, whence the SW corner of Sec. 31, T49N, R4W, N.M.P.M.bears N 78º W a distance of 3,207.07 feet; Source: Gunnison River; Amount: 940,755 acre-feet;Decreed Uses: Domestic and municipal, irrigation and stock watering, industrial, development ofelectrical power, flood control, piscatorial, wildlife protection, and preservation and recreational;Historical Use: All decreed purposes described above; Statement of Plan for Augmentation,Covering all Applicable Matters Under C.R.S. 37-92-103(9), 302(1)(2) and 305(8); Depletions tobe Replaced: Approximately 0.2 acre-feet per year of evaporative losses from the Lake StreetPond, and any water diverted and stored out of priority in the Lake Street Pond from the LakeFork of the Gunnison River. Applicant will contract for replacement water with either the UpperGunnison River Conservation District or the U.S. Bureau of Reclamation for augmentation waterout of Blue Mesa Reservoir: the Water Supply Contract will be for up to 1.0 acre-foot. Waterdelivered from Blue Mesa Reservoir will be released to replace pond evaporation and storagewhen they occur out of priority. The Water Supply Contract falls within the parameters of theBureau of Reclamation’s agreement to subordinate 60,000 acre-feet of the 940,755 acre-feet ofwater decreed in Civil Action No. 6981 for in-basin water resource development. Applicant willreplace out-of-priority depletions pursuant to this plan for augmentation to the extent necessaryto prevent any injury to senior water rights. Applicant asks the Court to enter a judgment anddecree: Granting the relief requested in this Application; Specifically determining pursuant toC.R.S. § 37-92-305(9) that the Applicant has diverted, stored, and controlled the water in LakeStreet Pond and applied the water to beneficial use, resulting in the appropriation of an absolutewater storage right and direct flow rights in the amount described above; and specificallydetermining, pursuant to C.R.S. §37-92-305(8), that the plan for augmentation adequatelydescribes the depletions from the Applicant’s use or proposed use of water, in quantity and time,the amount and timing of augmentation water that would be provided by the Applicant, and byadhering to the requested plan for augmentation, that the owners of or persons entitled to usewater under a vested water right or a decreed conditional water right will not be materiallyinjured by Applicant’s use of water under the proposed plan for augmentation. HinsdaleCounty.

60) Case No. 02CW284, Victoria Irwin and John G. Irwin, c/o John G. Irwin, Esq. P.O. Box2193, Telluride, CO 81435; Application for Surface Water Rights: HOMESTEAD SPRING.Located in the NE ¼ NE ¼ of Section 21, Township 42 North, Range 11 West, of the N.M.P.M.at a point 40 feet distant from the north section line of said Section 21. The location of theHomestead Spring is also described by the following UTM coordinates: Northing = 4211749

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meters; Easting = 345962 meters, Zone 13. The actual field GPS UTM coordinates. Source ofWater: San Miguel River. Decree for 0.055 c.f.s. absolute; Appropriation Date: 1989; UseWildlife propagation and stock watering purposes. Applicants own approximately 1,700 acres ofundeveloped ranch land located in San Miguel County, Colorado. Applicants’ property issubject to a Conservation Easement recorded in the records of the San Miguel County Clerk andRecorder on February 22, 2000, under Reception No. 332579. This Conservation Easement isheld by the San Miguel Conservation Foundation. In said Conservation Easement, Applicantsreserved ownership of, and the right to use, the existing water rights associated with the propertysubject to the Conservation Easement. Likewise, Applicants reserved their right to appropriateadditional water rights on the property subject to the Conservation Easement. San MiguelCounty.

61) Case No. 02CW285, End of the Road Ranch, LLC, c/o Andrew A. Mueller, Reg. No.26376, Tisdel, Hockersmith, Mueller & McIntosh, P.C., Attorney for Applicant, PO Box 646,Ouray, CO 81427, (970) 325-4414; Application for Water Storage Rights (Surface). Name ofStructure: Enlargement of the Roswell Hotchkiss Ditch Legal description of point of diversion:NW¼SW¼, Section 20, Township 47 North, Range 8 West, N.M.P.M., Ouray County,Colorado. As per the Original Adjudication for Water District 68, the headgate to the RoswellHotchkiss Ditch is on the East Bank of the Uncompahgre River at a point whence the quarterstake on the North Line of Section 21, Township 47 North , Range 8 West, N.M.P.M. bearsNorth 1° 56’ West 3830 feet. The approximate Distance from section lines are as follows: 334feet from North section line and 2244 feet from the East section line all of Section 20. Source:Uncompahgre River Date of appropriation: May 1, 1990. How appropriation was initiated: Re-excavation of historic lateral ditch to the Roswell Hotchkiss Ditch and application of water toadditional acreage. Date water applied to beneficial use: May 1, 1990 Amount claimed: .20 cfs,absolute. Use: Irrigation Number of acres historically irrigated: 8 acres, historically irrigated.Legal description of acreage: 8 acres in the NE¼NE¼NW¼ and the NW¼NW¼NE¼ of Section20, T47N, R8W, Ouray County, See the Map attached to the application identified as Exhibit A.Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located,upon which water is or will be stored, or upon which water is or will be placed to beneficial use.Point of diversion is located on real property owned by: John Dix, 14869 Rolling Hills Drive,Montrose, CO 81401. Water is being applied to land owned by Applicant. Remarks: TheRoswell Hotchkiss Ditch currently has the physical capacity to carry the water applied for in thisapplication. The use of the Roswell Hotchkiss ditch for this enlargement will cause no materialharm to any other owner of water in the Roswell Hotchkiss ditch. Ouray County.

62) Case No. 02CW286. Katja Wichland, c/o Andrew A. Mueller, Reg. No. 26376, Tisdel,Hockersmith, Mueller & McIntosh, P.C., Attorney for Applicant, PO Box 646, Ouray, CO81427, (970) 325-4414; Application for Water Storage Rights. Name of Reservoir: TelluridePines Reservoir No. 2. Legal description of location of dam: NW¼SW¼, Section 30, Township44 North, Range 10 West, N.M.P.M., San Miguel County, Colorado. The location of theTelluride Pines Reservoir No. 2 is described as follows: The Southwest corner of Section 30,Township 44 North, Range 10 West N.M.P.M. Bears South 13° 45’ West 2,290 feet from thecenter of the reservoir. Reservoir filled by surface run off. Source: Filled by run off tributary tothe San Miguel River. Date of appropriation: July 1, 1993. How appropriation was initiated:Existing Pond was enlarged and drain line and valve installed. Date water applied to beneficialuse: July 27, 1993 Amount claimed: 9.6 acre feet, Absolute. If off-channel reservoir, rate ofdiversion in cfs for filling the reservoir: N/A Use: If irrigation, complete the following: N/AIf non-irrigation, describe purpose fully: Recreational, Wildlife Watering and Fire Protection.

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Surface area of high water line: 2 acres Maximum height of dam in feet: 10 feet. Length of damin feet: 30 feet Total capacity of reservoir in acre feet: 9.6 acre feet Active capacity: 9.6 acrefeet. Dead storage: N/A Name(s) and address(es) of owner(s) of the land upon which anystructure is or will be located, upon which water is or will be stored, or upon which water is orwill be placed to beneficial use. (Identify where dam is located and land within high water line.)San Miguel County.

63) Case No. 02CW287. James O. Rollans, c/o Andrew A. Mueller, Reg. No. 26376, Tisdel,Hockersmith, Mueller & McIntosh, P.C., Attorney for Applicant, PO Box 646, Ouray, CO81427, (970) 325-4414; Application for Surface and Water Storage Rights. Name of Structure:Smith Ditch Enlargement. Legal description of location of each point of diversion: SW¼NW¼,Section 18, Township 44 North, Range 7 West, N.M.P.M., Ouray County, Colorado.Approximate Distance from section lines: 2300 Feet from North Line and 500 feet from thewest line. CAUTION: This Township and Range has not been platted by the USGS andtherefore quarter section, section and distance from section lines may not be accurate.Therefore, the accurate description to be relied upon is the description of the headgate as calledout in the original adjudication as follows: The headgate is located on the North Bank of saidDexter Creek in Ouray County, at a point about 500 feet North 60° East of the quarter stake onthe East line of Section 13, Township 44 North, of Range 8 West, N.M.P.M. Source: Said ditchdraws its water from Dexter Creek which is tributary to the Uncompahgre River. Date ofappropriation: Said Ditch Enlargement was openly contemplated and surveyed in July, 2001.How appropriation was initiated: Survey, field work and excavation of target pond. Date waterapplied to beneficial use: Conditional Right, not yet utilized. Amount claimed: .5 c.f.s.,conditional Use or proposed use: Irrigation Number of acres historically irrigated: 5 acresNumber of acres proposed to be irrigated: 5acres Legal description of acreage: Approximately5 acres of land in the NE¼NW¼ of Section 13, Township 44 North, Range 8 West, N.M.P.M.,Ouray County, Colorado. See map attached to application as Exhibit A2. The water divertedunder this junior right when in priority, primarily during the non-irrigation season, will be storedin the Rollans Pond for use as supplemental irrigation water on the above referenced ground. Itis anticipated that this water will only need to be used as irrigation water for said five acres whenthe Applicant’s rights to the Smith Ditch under Priority 123 of the First General Adjudicationhave been diminished or cut off due to call. If non-irrigation, describe purpose fully: Storage inthe Rollans Pond for piscatorial, recreational and fire suppression. Name of Reservoir: RollansPond Legal description of location of dam: NE¼NW¼, Section 13, Township 44 North, Range8 West, N.M.P.M., Ouray County, Colorado. Said pond is located approximately 350 feet fromthe north section line and 1000 feet from the west section line of said Section 13. If off-channelreservoir, name and capacity of ditch or ditches used to fill reservoir: The Smith Ditch thecapacity of which will be 3.58 c.f.s. when the Applicant has completed the enlargement thereof.For a full description of the point of diversion for said Smith Ditch see Exhibit A1. Source:Dexter Creek, tributary to the Uncompahgre River Date of appropriation: July, 2001 Howappropriation was initiated: Pond was surveyed Date water applied to beneficial use:Conditional use; July, 2001 Amount claimed: 10 acre feet, absolute for fire suppression,piscatorial and recreational use. Use: Irrigation, see statement above. If off-channel reservoir,rate of diversion in cfs for filling the reservoir: .5 c.f.s., conditional Surface area of high waterline: 1.03 acres Maximum height of dam in feet: N/A, Pond was excavated, there is no dam.Average Depth: 15 feet Length of dam in feet: N/A Total capacity of reservoir in acre feet:10 acre feet Active capacity: 10 acre feet. Dead storage: N/A Name(s) and address(es) ofowner(s) of the land upon which any structure is or will be located, upon which water is or willbe stored, or upon which water is or will be placed to beneficial use. (Identify where dam is

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located and land within high water line.) Point of diversion for Smith Ditch is on land managedby the United States Forest Service. Jim Free, District Ranger, USFS Ouray District RangerOffice, 2505 South Townsend Ave., Montrose, CO 81401. The place of storage and use islocated on land owned by the Applicant. Ouray County.

64) Case No. 02CW288. JC Mesa, LLC, c/o Andrew A. Mueller, Reg. No. 26376, Tisdel,Hockersmith, Mueller & McIntosh, P.C., Attorney for Applicant, PO Box 646, Ouray, CO81427, (970) 325-4414; Application for Water Rights (Surface) and Application for StorageWater Rights. 1. Name of Structure: East Specie Mesa Spring No. 2. Legal Description:NW¼SE¼, Section 22, Township 43 North, Range 11 West, N.M.P.M., at a point locatedapproximately 2,000 feet from the East Section line and 1,400 feet from the South Section line ofsaid Section 22. The location of East Specie Mesa Spring No. 2 is also described by the followingUTM coordinates: Northing = 4210828; Easting = 348206, as converted to Zone 13. The actualfield GPS UTM coordinates are as follows: Northing = S 42 064 31; Easting = 12 7 579 16. Source:Spring tributary to Lew Hall Creek, tributary to Fall Creek, tributary to the San Miguel River. Dateof initiation of appropriation: 24 June 1966. How Appropriation was initiated: Use of the springfor the beneficial purposes stated below. Date water applied to beneficial use: 24 June 1966Amount claimed: 0.011 cfs (5 gpm), absolute, for stock watering and wildlife propagation. Use orproposed use: A. No irrigation use; B. The non-irrigation uses are stock water and wildlifepropagation. 2. Name of Structure: East Specie Mesa Spring No. 3. Legal Description:SE¼NW¼, Section 23, Township 43 North, Range 11 West, N.M.P.M., at a point locatedapproximately 1,380 feet from the West Section line and 3,100 feet from the South Section line ofsaid Section 23. Please note said Section 23 is an unsurveyed Section. The location of East SpecieMesa Spring No. 3 is also described by the following UTM coordinates: Northing = 4211487;Easting = 349169, as converted to Zone 13. The actual field GPS UTM coordinates are as follows:Northing = S 42 070 09; Easting = 12 7 589 31. Source: Spring tributary to Lew Hall Creek,tributary to Fall Creek, tributary to the San Miguel River. Date of initiation of appropriation: 24June 1966 How Appropriation was initiated: Use of the spring for the beneficial purposes statedbelow. Date water applied to beneficial use: 24 June 1966 Amount claimed: 0.033 cfs (15 gpm),absolute, for stock watering and wildlife propagation. Use or proposed use: A. No irrigation use;B. The non-irrigation uses are stock water and wildlife propagation. 3. Name of Structure: EastSpecie Mesa Spring No. 4. Legal Description: SW¼NE¼, Section 23, Township 43 North, Range11 West, N.M.P.M., at a point located approximately 2,980 feet from the West Section line and3,080 feet from the South Section line of said Section 23. Please note said Section 23 is anunsurveyed Section. The location of East Specie Mesa Spring No. 4 is also described by thefollowing UTM coordinates: Northing = 4211488; Easting = 349667, as converted to Zone 13. Theactual field GPS UTM coordinates are as follows: Northing = S 42 069 68; Easting = 12 7 594 28.Source: Spring tributary to Lew Hall Creek, tributary to Fall Creek, tributary to the San MiguelRiver. Date of initiation of appropriation: 24 June 1966. How Appropriation was initiated: Use ofthe spring for the beneficial purposes stated below. Date water applied to beneficial use: 24 June1966 Amount claimed: 0.022 cfs (10 gpm), absolute, for stock watering and wildlife propagation.Use or proposed use: A. No irrigation use; B. The non-irrigation uses are stock water and wildlifepropagation. 4. Name of Structure: East Specie Mesa Spring No. 5. Legal Description:NW¼NW¼, Section 23, Township 43 North, Range 11 West, N.M.P.M., at a point locatedapproximately 1,160 feet from the West Section line and 4,470 feet from the South Section line ofsaid Section 23. Please note said Section 23 is an unsurveyed Section. The location of East SpecieMesa Spring No. 5 is also described by the following UTM coordinates: Northing = 4211890;Easting = 349058, as converted to Zone 13. The actual field GPS UTM coordinates are as follows:Northing = S 42 074 20; Easting = 12 7 588 54. Source: Spring tributary to Lew Hall Creek,

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tributary to Fall Creek, tributary to the San Miguel River. Date of initiation of appropriation: 24June 1966. How Appropriation was initiated: Use of the spring for the beneficial purposes statedbelow. Date water applied to beneficial use: 24 June 1966 Amount claimed: 0.033 cfs (15 gpm),absolute, for stock watering, wildlife propagation and storage in East Specie Mesa Pond No. 5. Useor proposed use: A. No irrigation use; B. The non-irrigation uses are stock water, wildlifepropagation and storage. 5. Name of Structure: East Specie Mesa Spring No. 6. LegalDescription: SW¼SW¼, Section 14, Township 43 North, Range 11 West, N.M.P.M., at a pointlocated approximately 10 feet from the West Section line and 1,180 feet from the South Section lineof said Section 14. Please note said Section 14 is an unsurveyed Section. The location of EastSpecie Mesa Spring No. 6 is also described by the following UTM coordinates: Northing =4212447; Easting = 348639, as converted to Zone 13. The actual field GPS UTM coordinates are asfollows: Northing = S 42 080 10; Easting = 12 7 584 82. Source: Spring tributary to Lew HallCreek, tributary to Fall Creek, tributary to the San Miguel River. Date of initiation of appropriation:24 June 1966 How Appropriation was initiated: Use of the spring for the beneficial purposes statedbelow. Date water applied to beneficial use: 24 June 1966 Amount claimed: 0.011 cfs (5 gpm),absolute, for stock watering and wildlife propagation. Use or proposed use: A. No irrigation use;B. The non-irrigation uses are stock water and wildlife propagation. 6. Name of Structure: EastSpecie Mesa Spring No. 7. Legal Description: NW¼SE¼, Section 10, Township 43 North, Range11 West, N.M.P.M., at a point located approximately 1,420 feet from the East Section line and2,280 feet from the South Section line of said Section 10. Please note that said Section 10 is anunsurveyed Section. The location of East Specie Mesa Spring No. 7 is also described by thefollowing UTM coordinates: Northing = 4214344; Easting = 347998, as converted to Zone 13. Theactual field GPS UTM coordinates are as follows: Northing = S 42 099 54; Easting = 12 7 580 00.Source: Spring tributary to the San Miguel River. Date of initiation of appropriation: 24 June 1966How Appropriation was initiated: Use of the spring for the beneficial purposes stated below. Datewater applied to beneficial use: 24 June 1966 Amount claimed: 0.033 cfs (15 gpm), absolute, forstock watering and wildlife propagation. Use or proposed use: A. No irrigation use; B. The non-irrigation uses are stock water and wildlife propagation. 7. Name of Structure: East Specie MesaSpring No. 8. Legal Description: A spring reach generally located within 200 feet of theNE¼SW¼, Section 15, Township 43 North, Range 11 West, N.M.P.M., at a point locatedapproximately 1,820 feet from the West Section line and 2,160 feet from the South Section line ofsaid Section 15. Please note said Section 15 is an unsurveyed Section. The location of East SpecieMesa Spring No. 8 is also described by the following UTM coordinates: Northing = 4212594;Easting = 347561, as converted to Zone 13. The actual field GPS UTM coordinates are as follows:Northing = S 42 082 46; Easting = 12 7 574 19. Source: Spring tributary to Slaughterhouse Gulch,tributary to the San Miguel River. Date of initiation of appropriation: 24 June 1966 HowAppropriation was initiated: Use of the spring for the beneficial purposes stated below. Date waterapplied to beneficial use: 24 June 1966 Amount claimed: 0.056 cfs (25 gpm), absolute, for stockwatering and wildlife propagation. Use or proposed use: A. No irrigation use; B. The non-irrigation uses are stock water and wildlife propagation. 8. Name of Structure: East Specie MesaSpring No. 9. Legal Description: An approximate 500 feet length spring reach beginning at theNE¼SW¼, Section 15, Township 43 North, Range 11 West, N.M.P.M., at a point locatedapproximately 2,880 feet from the East Section line and 1,920 feet from the South Section line ofsaid Section 15, and ending at the East Specie Mesa Pond No. 9, at a point located approximately3,440 feet from the East Section line and 1,900 feet from the South Section line of Said Section 15.Please note said Section 15 is an unsurveyed Section. The location of East Specie Mesa Spring No.9 is also described by the following UTM coordinates: Northing = 4212565; Easting = 347750, asconverted to Zone 13. The actual field GPS UTM coordinates are as follows: Northing = S 42 08201; Easting = 12 7 576 05. Source: Spring tributary to Slaughterhouse Gulch, tributary to the

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San Miguel River. Date of initiation of appropriation: 24 June 1966 How Appropriation wasinitiated: Use of the spring for the beneficial purposes stated below. Date water applied tobeneficial use: 24 June 1966 Amount claimed: 0.09 cfs (40 gpm), absolute, for stock watering,wildlife propagation and storage in East Specie Mesa Pond No. 9 and Indian Pond No. 1. Use orproposed use: A. No irrigation use; B. The non-irrigation uses are stock water, wildlife propagationand storage. 9. Name of Structure: East Specie Mesa Spring No. 10. Legal Description:NE¼SW¼, Section 23, Township 43 North, Range 11 West, N.M.P.M., at a point locatedapproximately 1,480 feet from the West Section line and 2,480 feet from the South Section line ofsaid Section 23. Please note that said Section 23 is an unsurveyed Section. The location of EastSpecie Mesa Spring No. 10 is also described by the following UTM coordinates: Northing =4211302; Easting = 349211, as converted to Zone 13. The actual field GPS UTM coordinates are asfollows: Northing = S 42 068 21; Easting = 12 7 589 58. Source: Spring tributary to the Lew HallCreek, tributary to Fall Creek, tributary to the San Miguel River. Date of initiation of appropriation:24 June 1966. How Appropriation was initiated: Use of the spring for the beneficial purposesstated below. Date water applied to beneficial use: 24 June 1966. Amount claimed: 0.011 cfs (5gpm), absolute, for stock watering and wildlife propagation. Use or proposed use: A. No irrigationuse; B. The non-irrigation uses are stock water and wildlife propagation. 10. Name of Structure:East Specie Mesa Spring No. 11. Legal Description: NE¼SW¼, Section 23, Township 43 North,Range 11 West, N.M.P.M., at a point located approximately 2,400 feet from the West Section lineand 2,320 feet from the South Section line of said Section 23. Please note that said Section 23 is anunsurveyed Section. The location of East Specie Mesa Spring No. 11 is also described by thefollowing UTM coordinates: Northing = 4211229; Easting = 349527, as converted to Zone 13. Theactual field GPS UTM coordinates are as follows: Northing = S 42 067 22; Easting = 12 7 592 67.Source:Spring tributary to the Lew Hall Creek, tributary to Fall Creek, tributary to the San MiguelRiver. Date of initiation of appropriation: 24 June 1966. How Appropriation was initiated: Use ofthe spring for the beneficial purposes stated below. Date water applied to beneficial use: 24 June1966. Amount claimed: 0.011 cfs (5 gpm), absolute, for stock watering and wildlife propagation.Use or proposed use: A. No irrigation use; B. The non-irrigation uses are stock water and wildlifepropagation. 11. Name of Structure: East Specie Mesa Spring No. 12. Legal Description:SW¼SE¼, Section 23, Township 43 North, Range 11 West, N.M.P.M., at a point locatedapproximately 3,550 feet from the West Section line and 320 feet from the South Section line ofsaid Section 23. Please note that said Section 23 is an unsurveyed Section. The location of EastSpecie Mesa Spring No. 12 is also described by the following UTM coordinates: Northing =4210733; Easting = 349921, as converted to Zone 13. The actual field GPS UTM coordinates are asfollows: Northing = S 42 061 94; Easting = 12 7 596 18. Source: Spring tributary to the Lew HallCreek, tributary to Fall Creek, tributary to the San Miguel River. Date of initiation of appropriation:24 June 1966. How Appropriation was initiated: Use of the spring for the beneficial purposesstated below. Date water applied to beneficial use: 24 June 1966. Amount claimed: 0.022 cfs (10gpm), absolute, for stock watering and wildlife propagation. Use or proposed use: A. No irrigationuse; B. The non-irrigation uses are stock water and wildlife propagation. 12. Name of Structure:Lew Hall Spring No. 3 Enlargement. Legal Description: SW¼NE¼, Section 23, Township 43North, Range 11 West, N.M.P.M., at a point located approximately 2,780 feet from the WestSection line and 3,300 feet from the South Section line of said Section 23. Please note said Section23 is an unsurveyed Section. The location of Lew Hall Spring No. 3 Enlargement is also describedby the following UTM coordinates: Northing = 4211554; Easting = 349592, as converted to Zone13. The actual field GPS UTM coordinates are as follows: Northing = S 42 070 40; Easting = 12 7593 58. Source: Spring tributary to Lew Hall Creek, tributary to Fall Creek, tributary to theSan Miguel River. Date of initiation of appropriation: 1 May 1910. How Appropriation wasinitiated: Use of the spring for the beneficial purposes stated below. Date water applied to

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beneficial use: 1 May 1910. Amount claimed: 0.022 cfs (10 gpm), absolute, for stock watering,wildlife propagation and storage in Lew Hall Pond No. 3. Use or proposed use: A. No irrigationuse; B. The non-irrigation uses are stock water, wildlife propagation and storage. 13. Name ofStructure: Park Spring. Legal Description: SE¼NW¼, Section 23, Township 43 North, Range11 West, N.M.P.M., at a point located approximately 1,420 feet from the West Section line and3,480 feet from the South Section line of said Section 23. Please note said Section 23 is anunsurveyed Section. The location of Park Spring is also described by the following UTMcoordinates: Northing = 4211598; Easting = 349171, as converted to Zone 13. The actual fieldGPS UTM coordinates are as follows: Northing = S 42 071 19; Easting = 12 7 589 42. Source:Spring tributary to Lew Hall Creek, tributary to Fall Creek, tributary to the San Miguel River. Dateof initiation of appropriation: 24 June 1966. How Appropriation was initiated: Use of the springfor the beneficial purposes stated below. Date water applied to beneficial use: 24 June 1966.Amount claimed: 0.011 cfs (5 gpm), absolute, for stock watering and wildlife propagation. Use orproposed use: A. No irrigation use; B. The non-irrigation uses are stock water and wildlifepropagation. 14. Name of Structure: Spirit Wind Spring. Legal Description: SE¼NE¼, Section15, Township 43 North, Range 11 West, N.M.P.M., at a point located approximately 320 feet fromthe East Section line and 3,760 feet from the South Section line of said Section 15. Please note saidSection 15 is an unsurveyed Section. The location of Spirit Wind Spring is also described by thefollowing UTM coordinates: Northing = 4213230; Easting = 348444, as converted to Zone 13. Theactual field GPS UTM coordinates are as follows: Northing = S 42 088 07; Easting = 12 7 583 52.Source: Spring tributary to Lew Hall Creek, tributary to Fall Creek, tributary to the San MiguelRiver. Date of initiation of appropriation: 24 June 1966. How Appropriation was initiated: Use ofthe spring for the beneficial purposes stated below. Date water applied to beneficial use: 24 June1966. Amount claimed: 0.033 cfs (15 gpm), absolute, for stock watering, wildlife propagation andstorage in Spirit Wind Pond. Use or proposed use: A. No irrigation use; B. The non-irrigationuses are stock water, wildlife propagation and storage. 15. Name of Reservoir: East Specie MesaPond No. 5. Legal Description: NW¼NW¼, Section 23, Township 43 North, Range 11 West,N.M.P.M., at a point located approximately 1,160 feet from the West Section line and 4,470 feetfrom the South Section line of said Section 23. Please note said Section 23 is an unsurveyedSection. The location of East Specie Mesa Pond No. 5 is also described by the following UTMcoordinates: Northing = 4211890; Easting = 349058, as converted to Zone 13. The actual fieldGPS UTM coordinates are as follows: Northing = S 42 074 20; Easting = 12 7 588 54. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir: Not applicable.Source: Up to 0.033 cfs (15 gpm) inflow from East Specie Mesa Spring No. 5, and run-off tributaryto Lew Hall Creek, tributary to Fall Creek, tributary to the San Miguel River. Date of initiation ofappropriation: 24 June 1966. How Appropriation was initiated: Construction of the pond and useof the pond for the beneficial purposes stated below. Date water applied to beneficial use: 24 June1966. Amount claimed: 0.30 acre-foot, absolute, for stock watering, wildlife propagation andrecreation. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: up to 0.033 cfsfrom East Specie Mesa Spring No. 5 and 0.50 cfs from run-off/precipitation. Use: A. No irrigationuse; B. The non-irrigation uses are stock water, wildlife propagation and recreation. Surface area ofhigh water line: 0.10 acre. A. Maximum height of dam in feet: less than 10 feet, the pond isprimarily an excavated pond. B. Length of dam in feet: 120 feet. Total capacity of reservoir: 0.30acre-foot, all dead storage. No active capacity. 16. Name of Reservoir: East Specie Mesa PondNo. 9. Legal Description: NE¼SW¼, Section 15, Township 43 North, Range 11 West, N.M.P.M.,at a point located approximately 3,440 feet from the East Section line and 1,900 feet from the SouthSection line of said Section 15. Please note said Section 15 is an unsurveyed Section. The locationof East Specie Mesa Pond No. 9 is also described by the following UTM coordinates: Northing =4212552; Easting = 347563, as converted to Zone 13. The actual field GPS UTM coordinates are as

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follows: Northing= S 42 082 04; Easting = 12 7 574 18. If off-channel reservoir, name and capacityof ditch or ditches used to fill reservoir: Not applicable. Source: Up to 0.09 cfs (40 gpm) inflowfrom East Specie Mesa Spring No. 9, and run-off tributary to Slaughterhouse Gulch, tributary to theSan Miguel River. Date of initiation of appropriation: 24 June 1966 for 0.50 acre-foot, absolute;and 30 May 1999 for 5.50 acre-feet, conditional. How Appropriation was initiated: Construction ofthe pond and use of the pond for the beneficial purposes stated below; and by field investigationsand formulation of concepts for enlarging existing pond. Date water applied to beneficial use: 24June 1966 for original 0.50 acre-foot; N/A for 5.50 acre-feet, conditional. Amount claimed: 0.50acre-foot, absolute; and 5.50 acre-feet, conditional, for stock watering, wildlife propagation andrecreation. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: up to 0.09 cfsfrom East Specie Mesa Spring No. 9 and 0.50 cfs from run-off/precipitation. Use: A. No irrigationuse; B. The non-irrigation uses are stock water, wildlife propagation and recreation. Surface area ofhigh water line: 0.20 acre existing; enlarged surface area will be approximately 1.5 acres. A.Maximum height of dam in feet: less than 10 feet. B.Length of dam in feet: 210 feet, existing.Total capacity of reservoir: 6.0 acre-feet, all dead storage. No active capacity. 17. Name ofReservoir: Dakota Pond. Legal Description: NE¼SW¼, Section 22, Township 43 North, Range11 West, N.M.P.M., at a point located approximately 2,850 feet from the East Section line and2,250 feet from the South Section line of said Section 22. The location of Dakota Pond is alsodescribed by the following UTM coordinates: Northing = 4211067; Easting = 347913, as convertedto Zone 13. The actual field GPS UTM coordinates are as follows: Northing = S 42 066 94;Easting = 12 7 576 44. If off-channel reservoir, name and capacity of ditch or ditches used to fillreservoir: Not applicable. Source: Run-off tributary to Lew Hall Creek, tributary to Fall Creek,tributary to the San Miguel River. Date of initiation of appropriation: 20 July 1990. HowAppropriation was initiated: Construction of the pond and use of the pond for the beneficialpurposes stated below. Date water applied to beneficial use: 20 July 1990. Amount claimed: 4.0acre-feet, absolute, for stock watering, wildlife propagation and recreation. If off-channel reservoir,rate of diversion in cfs for filling the reservoir: up to 0.50 cfs from run-off/precipitation. Use: A.No irrigation use; B. The non-irrigation uses are stock water, wildlife propagation and recreation.Surface area of high water line: 1.4 acres. A. Maximum height of dam in feet: less than 10 feet,the pond is an excavated pond. B. Length of dam in feet: 300 feet. Total capacity of reservoir: 4.0acre-feet, all dead storage. No active capacity. 18. Name of Reservoir: Lew Hall Pond No. 4.Legal Description: SE¼SW¼, Section 23, Township 43 North, Range 11 West, N.M.P.M., at apoint located approximately 2,200 feet from the West Section line and 1,280 feet from the SouthSection line of said Section 23. Please note said Section 23 is an unsurveyed Section. The locationof Lew Hall Pond No. 4 is also described by the following UTM coordinates: Northing = 4210943;Easting = 349478, as converted to Zone 13. The actual field GPS UTM coordinates are as follows:Northing = S 42 064 41; Easting = 12 7 591 94. If off-channel reservoir, name and capacity of ditchor ditches used to fill reservoir: Not applicable. Source: Run-off tributary to Lew Hall Creek,tributary to Fall Creek, tributary to the San Miguel River. Date of initiation of appropriation: 19August 2001. How Appropriation was initiated: Construction of the pond and use of the pond forthe beneficial purposes stated below. Date water applied to beneficial use: 19 August 2001.Amount claimed: 3.8 acre-feet, absolute, for stock watering, wildlife propagation and recreation. Ifoff-channel reservoir, rate of diversion in cfs for filling the reservoir: up to 0.50 cfs from run-off/precipitation. Use: A. No irrigation use; B. The non-irrigation uses are stock water,wildlife propagation and recreation. Surface area of high water line: 0.45 acre. A. Maximumheight of dam in feet: less than 10 feet, the pond is an excavated pond. B. Length of dam in feet:100 feet. Total capacity of reservoir: 3.8 acre-feet, all dead storage. No active capacity. 19.Name of Reservoir: Spirit Wind Pond. Legal Description: Dam located in the SW¼SW¼NW¼,Section 14, Township 43 North, Range 11 West, N.M.P.M., at a point located approximately 100

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feet from the West Section line and 2,720 feet from the South Section line of said Section 14.Please note said Section 14 is an unsurveyed Section. The location of Spirit Wind Pond is alsodescribed by the following UTM coordinates: Northing = 4212910; Easting = 348608, as convertedto Zone 13. The actual field GPS UTM coordinates are as follows: Northing = S 42 084 74;Easting = 12 7 584 89. If off-channel reservoir, name and capacity of ditch or ditches used to fillreservoir: Not applicable. Source: Up to 0.033 cfs (15 gpm) inflow from Spirit Wind Spring, andrun-off tributary to Lew Hall Creek, tributary to Fall Creek, tributary to the San Miguel River. Dateof initiation of appropriation: 24 June 1966. How Appropriation was initiated: Construction of thepond and use of the pond for the beneficial purposes stated below. Date water applied to beneficialuse: 24 June 1966. Amount claimed: 3.5 acre-feet, absolute, for stock watering, wildlifepropagation and recreation. If off-channel reservoir, rate of diversion in cfs for filling the reservoir:up to 0.033 cfs from Spirit Wind Spring and 0.50 cfs from run-off/precipitation. Use: A. Noirrigation use; B. The non-irrigation uses are stock water, wildlife propagation and recreation.Surface area of high water line: 2.3 acres. A. Maximum height of dam in feet: less than 10 feet,pond is primarily an excavated pond. B. Length of dam in feet: 180 feet. Total capacity ofreservoir: 3.5 acre-feet, all dead storage. No active capacity. Name and address of owner of landon which all points of diversion and all places of use are located: The Applicant. All structures andpoints of diversion are in San Miguel County.

65) Case No. 02CW289, Lee Weiner, 1740 Spruce, Highland Park, IL 60035; Application forWater Rights: CODY CREEK SPRING AND SAGE BRUSH SPRING. The source of supply ofsaid springs which are located at points from the E ¼ corner of Section 12, Township 15 South,Range 85 West, 6th P.M. Cody Creek Spring is situated in the SE ¼ of the NW ¼ of Section 12,Township 15 South, Range 85 West, 6th P.M. at a point which bears north 86º west 300 feet fromthe E ¼ corner of said Section 12. Sage Brush Spring is situated in the SW ¼ of the NE ¼ ofSection 12, Township 15 South, Range 85 West, 6th P.M. at a point which bears north 61º west 1800feet from the E ¼ corner of said Section 12. Source of Water: Gunnison River. Decree for .022c.f.s. for each spring absolute; Appropriation Date: November 20, 1992; Use: Irrigation, Domestic,Stock watering, Wildlife, Piscatorial, and Fire Protection. Gunnison County.

66) Case No. 02CW290, San Grail Trust (Michael Combs, Trustee), c/o Bernard F. Gehris,Burns, Figa & Will, P.C. 6400 South Fiddlers Green Circle, Suite 1030, Englewood, CO 80111(303) 796-2626. Application for Underground Water Rights: Name of Structures: Combs WellNos. 1, 2, 3, & 5. Legal description of wells: A. Combs Well No. 1: NE¼, NW¼, Sec. 28,T46N, R12W of the NMPM, 800 feet from N. line and 1,350 feet from W. line of Sec. 28. B.Combs Well No. 2: SW¼, SW¼, Sec. 21, T46N, R12W, NMPM, 150 feet from S. line and 150feet from W. line of Sec. 21. C. Combs Well No. 3: SE¼, NE¼, Sec. 29, T46N, R12W, NMPM,1,850 feet from N. line and 25 feet from E. line of Sec. 29. D. Combs Well No. 5: NW¼, SW¼,Sec. 21, T46N, R12W, NMPM, 2,000 feet from S. line and 625 feet from W. line of Sec. 21.Source: Groundwater tributary to Albin Draw and Horsefly Creek, tributary to the San MiguelRiver. Depth (approximate): Combs Well No. 1 – 1,500 feet; Combs Well No. 2 – 1,500 feet;Combs Well No. 3 – 1,500 feet; Combs Well No. 5 - 2,500 feet. All well depths are estimatedbased upon currently available information; actual depths will be verified during well testing.Date of Initiation of Appropriation: September 5, 2002. How Appropriation was Initiated:Applicant hired an engineering consultant to analyze the potential for beneficial use of the waterrights and water structures on this property. Applicant and the engineers toured the property onSeptember 5, 2002 to map the locations for all of the above listed structures. Date WaterApplied to Beneficial Use: Not applicable; these water rights and structures are all conditional.Amount claimed: Combs Well No. 1: 50 gpm; Combs Well No. 2: 50 gpm; Combs Well No. 3:

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50 gpm; Combs Well No. 5: 50 gpm. Uses and Proposed Uses - Conditional: Domestic,irrigation, commercial, recreation, stock watering, piscatorial, fish culture, augmentation andexchange (provided that no such augmentation use will be made without Water Court approvalof a plan for augmentation, or State Engineer approval of a substitute water supply plan).Irrigation may occur on 161 acres in Sec. 20, on 313 acres in Sec. 28, and on 36 acres in Sec. 21,T46N, R12W, NMPM, on property owned by Applicant. Name and Address of Owners of theland upon which any structure is to be located, upon which water is or will be stored, orupon which water is or will be placed to beneficial use: Applicant, San Grail Trust, owns theland where all of the structures are located, except Combs Well No. 5 which is located in theUncompahgre National Forest, c/o United States Department of Agriculture, 2250 Highway 50,Delta, CO 81416. Combs Well No. 3 is located near Applicant’s property boundary. Applicantbelieves the well location is on its property, but is conducting further investigations to determinethe exact location of this well in relation to its property boundary. If it is determined that thiswell is located on a neighboring parcel, Applicant will notify this Court and the neighboringlandowner, and may replace this well at a location within its property boundary that is within the200-foot radius of the location described herein. Applicant owns all property upon which thewater requested will be put to beneficial use. Remarks: The wells in this application were drilledprior to Applicant’s acquisition of this property in 1992, but no permits have yet been issued forthese wells. Any replacement well to those wells applied for in this application may be drilledwithin 200 feet of the decreed location and will be deemed to be constructed at the locationauthorized by the decree in this matter. Applicant will obtain a permit for each existing wellfrom the State Engineer, or will drill replacement wells at locations within the 200-foot radius forreplacement wells, without need to amend this application. Montrose County.

67) Case No. 02CW291, Case No. 02CW291, San Grail Trust (Michael Combs, Trustee), c/oBernard F. Gehris, Burns, Figa & Will, P.C. 6400 South Fiddlers Green Circle, Suite 1030,Englewood, CO 80111 (303) 796-2626. Application for Surface Water Rights IncludingStorage: 1. Name of Structures: A. Carlene Spring, B. Deborah Spring C. San Grail RanchSpring, D. Carlene Pond and Enlargement, E. Deborah Pond No. 1 and Enlargement, F. DeborahPond No. 2 and Enlargement, G. San Grail Ranch Pond. 2. Location and legal description ofeach structure: A. Carlene Spring: NW¼, NE¼, Sec. 28, T46N, R12W, NMPM, 2,600 feetfrom E. line and 750 feet from N. line of Sec. 28. B. Deborah Spring: NE¼, NW¼, Sec. 28,T46N, R12W, NMPM, 3,000 feet from E. line and 300 feet from N. line of Sec. 28. C. San GrailRanch Spring: SW¼, NE¼, Sec. 28, T46N, R12W, NMPM, 1,475 feet from E. line and 1,900feet from N. line of Sec. 28. D. Carlene Pond and Enlargement: NW¼, NE¼, Sec. 28, T46N,R12W, NMPM, 2,600 feet from E. line and 750 feet from N. line of Sec. 28. E. Deborah PondNo. 1 and Enlargement: NW¼, SE¼, Sec. 28, T46N, R12W of the NMPM, 3,300 feet from W.line and 3,700 feet from N. line of Sec. 28. F. Deborah Pond No. 2 and Enlargement: NE¼,NW¼, Sec. 28, R12W, T46N, NMPM, 2,200 feet from W. line and 300 feet from N. line of Sec.28. G. San Grail Ranch Pond: SW¼, NE¼, of Sec. 28, T46N, R12W, NMPM, 3,300 feet fromW. line and 2,450 feet from N. line of Sec. 28. 3. Source: Natural seeps, springs, surface runoff,seepage, and groundwater tributary to Albin Draw and Horsefly Creek, tributary to the SanMiguel River. 4. A. Date of Appropriation: i) Carlene Spring: September 5, 2002 (except asdecreed absolute in Case No. 91CW112 for 0.05 c.f.s. for stock watering and fish culture uses,with appropriation date December 31, 1940); ii) Deborah Spring: September 5, 2002 (except asdecreed absolute in Case No. 91CW113 for 0.05 c.f.s. for stock watering and fish culture uses,with appropriation date December 31, 1940); iii) San Grail Ranch Spring: September 5, 2002(except as decreed absolute in Case No. 93CW4 for 0.033 c.f.s. for stock watering); iv) CarlenePond and Enlargement: September 5, 2002 (except as decreed absolute in Case No. 91CW112

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for 0.3 a.f. for stock watering and fish culture uses, with appropriation date December 31, 1940);v) Deborah Pond No. 1 and Enlargement: September 5, 2002 (except as decreed absolute inCase No. 91CW113 for 0.75 a.f. for domestic, stock watering and fish culture uses, withappropriation date December 31, 1940); vi) Deborah Pond No. 2 and Enlargement: September 5,2002 (except as decreed absolute in Case No. 91CW113 for 0.5 a.f. for domestic, stock wateringand fish culture uses, with appropriation date December 31, 1940); vii) San Grail Ranch Pond:September 5, 2002. B. How Appropriation was Initiated: Applicant hired an engineeringconsultant to analyze the potential for beneficial use of the water rights and water structures onthis property. Applicant and the engineers toured the property on September 5, 2002 to map thelocations for all of the above listed structures. C. Date Water Applied to Beneficial Use: Notapplicable. Except for the previously decreed absolute amounts and uses as noted above, thesewater rights and structures all are conditional. 5. Amounts claimed: A. Carlene Spring: 0.05c.f.s. for new uses only; B. Deborah Spring: 0.05 c.f.s. for new uses only; C. San Grail RanchSpring: 0.033 c.f.s. for new uses only; D. Carlene Pond Enlargement and Enlargement: 3.7 a.f.enlargement; 4.0 a.f. total (including previously decreed amount) for new uses; E. Deborah PondNo. 1 and Enlargement: 59.25 a.f. enlargement; 60.0 a.f. total (including previously decreedamount) for new uses; F. Deborah Pond No. 2 and Enlargement: 0.5 a.f. enlargement; 1.0 a.f.total (including previously decreed amount) for new uses; G. San Grail Ranch Pond: 1.0 a.f.. 6.Uses and Proposed Uses (include legal description for irrigation if at all) -Absolute: Only forpreviously decreed absolute uses and amounts, per the Decrees in Case Nos. 91CW112,91CW113 and 93CW4. Applicant claims all of the following conditional uses for the structuresapplied for herein, and seeks to add these conditional uses to the structures decreed in Case Nos.91CW112, 91CW113 and 93CW4 - Conditional: Domestic, irrigation, commercial, recreation,stock watering, piscatorial, fish culture, augmentation and exchange (provided that no suchaugmentation use will be made without Water Court approval of a plan for augmentation, orState Engineer approval of a substitute water supply plan). Irrigation may occur on 161 acres inSec. 20, on 313 acres in Sec. 28, and on 36 acres in Sec. 21, T46N, R12W of the NMPM, onproperty owned by Applicant. 7. Pond Descriptions: A. Carlene Pond and Enlargement: i)Surface Area of High Water Line: 0.13 acre (previously decreed), 1.0 acre (with enlargement);ii) Maximum Height of Dam in Feet: 8.0 feet; B. Deborah Pond No. 1 and Enlargement: i)Surface Area of High Water Line: 2.0 acres (previously decreed), 17.0 acres (with enlargement);ii) Maximum Height of Dam in Feet: 8.0 feet (previously decreed), 11.0 feet (with enlargement);C. Deborah Pond No. 2 and Enlargement: i) Surface Area of High Water Line: 0.15 acre(previously decreed), 0.5 acre (with enlargement); ii) Maximum Height of Dam in Feet: 4.5 feet(previously decreed), 9.0 feet (with enlargement); D. San Grail Ranch Pond: i) Surface Area ofHigh Water Line: 0.25 acre; ii) Maximum Height of Dam in Feet: 6.0 feet. 8. Pond Capacities:A. Carlene Pond and Enlargement: i) Active Capacity: 0.33 a.f. (previously decreed), 4.0 a.f.(with enlargement); ii) Dead Storage: 0.0 a.f.; B. Deborah Pond No. 1 and Enlargement: i)Active Capacity: 0.75 a.f. (previously decreed), 60.0 a.f. (with enlargement); ii) Dead Storage:0.0 a.f.; C. Deborah Pond No. 2 and Enlargement: i) Active Capacity: 0.5 a.f. (previouslydecreed), 1.0 a.f. (with enlargement); ii) Dead Storage: 0.0 a.f.; D. San Grail Ranch Spring andPond: i) Active Capacity: 0.75 a.f.; ii) Dead Storage: 0.0 a.f. Where possible, the ponds will bedesigned to bypass out-of-priority inflows; where such a bypass is not practical, the ponds willbe designed to measure and release out-of-priority inflows. Ponds will also utilize pumps toeliminate any dead storage. 9. Name and Address of Owners of the land upon which anystructure is to be located, upon which water is or will be stored, or upon which water is orwill be placed to beneficial use: Applicant, San Grail Trust, owns all of the structures.Applicant owns all land upon which the water requested will be put to beneficial use. MontroseCounty.

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68) Case No. 02CW292, CROSSROADS SPRINGS AND DITCH, WATER DISTRICTNO. 4, Applicant: North Fork Pool, Park and Recreation District, P.O. Box 2093, Hotchkiss,Colorado, 970-872-6122; c/o James R. Briscoe, Briscoe & Stanway, P.C. Application for waterrights (Surface) for Crossroads Springs. Described as a gallery of springs and seeps in an unnameddraw in the SW ¼ of Section 33, Township 14 South, Range 92 West of the 6th P.M., commencingapproximately 500 feet east of the SW corner of said section, thence running in a northwesterlydirection to an existing ditch which commences I the draw at a point approximately 250 feet east ofthe SW corner of the NW ¼ of said Section 33, running thence northwesterly and westerly around ahill in the NE ¼ SE ¼ in Section 32, Township 14 South, range 92 West of the 6th p.m., and thencerunning westerly and southwesterly to Applicant’s real property located in Section 32, County ofDelta, State of Colorado. Source is the North Fork of the Gunnison River. Date of initiation ofappropriation is July 19, 2002. Appropriation was initiated by location, identification and mappingof gallery of springs and ditch, with quantification thereof. Amount claimed: .5 conditional. Use isrecreational, landscaping, irrigation, livestock and wildlife watering. Number of acres proposed tobe irrigated is 20. Also, water will be used on the park of the Applicant, as an attribute to itslandscaping and for nourishment of livestock and wildlife. The name and address of owner of landon which points of diversion and place of use is located is possibly on right-of-way of Highway 92,State of Colorado; otherwise, unknown. The water from the gallery of springs will be directed to anexisting ditch that currently carries irrigation water to Applicant’s real property. Delta County.

69) Case No. 02CW293, DOUBLE D DITCH, WATER DISTRICT NO. 4, Applicant:Douglas R. Faulkner and Donna E. Faulkner, c/o James R. Briscoe, Attorney for Applicants,Briscoe & Stanway, P.C., P.O. Box 120, Hotchkiss, Colorado 81419; 970-872-3118.Application for water rights (surface) for Double D Ditch. Described as a point within the SE¼SE¼ of Section 14, Township 15 South, Range 92 West of the 6th P.M., located 1090 feet westand 110 feet north of the SE corner of said Section 14, in Delta county, Colorado. Source is theNorth Fork of the Gunnison River. Date of initiation of appropriation is June 14, 2002, and wasinitiated by identification, location and mapping of location of proposed diversion. The amountclaimed is up to 10.0 cfs – conditional. The use or proposed use is irrigation, wildlife and stockwatering. The number of acres proposed to be irrigated is 280 acres and is the same legaldescription as above. The name and address of the owner of land on which points of diversionand place of use is located is Douglas R. Faulkner and Donna E. Faulkner, applicants, Rt. 4, Box15A, Enid, OK 73701. Water flows vary, depending on upstream irrigation activity, being tailwaters from Needle Rock Ditch and/or Cottonwood Creek. Delta County.

70) Case No. 02CW294, Case No. 02CW294, John L. Rozman, 821 Highway 65, Delta, CO81416; Application for Water Storage Right: MERIDIAN LAKE RESERVOIR. Located NE¼NE¼, Section 21, Township 13 South, Range 86 West, 6th Principal Meridian. Source of Water:Springs and surface runoff tributary to Meridian Lake, tributary to Washington Gulch, and Slate,East and Gunnison Rivers. For replacement and augmentation purposes. Appropriation date:October 17, 2000. Gunnison County.

71) Case No. 02CW295,Gunnison River, Water District No. 4, Applicant: J. Craig Bryant,et al., c/o Wilderson, O’Hayre, Dawson, McGinty & Frazier, P.C., 120 North Taylor - P.O. Box179, Gunnison, Colorado 81230, (970) 641-3326;Type of Application: Application for Changeof Water Right; Name of Structure: Island Ditch, Ditch No, 326, Priority No, 520. Location:Headgate located on the left bank of the right branch of the Gunnison River at a point whence theW1/4 corner of Section 2, T. 49 N., R. 1 W., N.M.P.M. bears South 46°08' East 567.6 feet.Drainage Basin: Gunnison River. Quantity: 2.4 c.f.s.; Appropriation date: May 26, 1954;

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Use: Irrigation and piscatorial. Type of Structures: Ditch right to pumps. Requested Changes:Applicants wish to change the point of diversion for Priority 520 of the Island Ditch as follows:Donald F. Schmalz and Valerie Y. Schmalz wish to change the point of diversion of 0.15 c.f.s. toan irrigation pump located on Lot 2, Island Acres Subdivision No. 1, SE1/4SE1/4 of Section 3,Township 49 North, Range 1 West, N.M.P.M at a point 525 feet West of the East Line and 1275feet North of the South Line of said Section to be used for irrigation in the months of Maythrough October of each year; Raymond L. Ruehle and Nancy J. Ruehle wish to change the pointof diversion of 0.15 c.f.s. to an irrigation pump located on Lot 3, Island Acres Subdivision No.1, NE1/4SE1/4 of Section 3, Township 49 North, Range 1 West, N.M.P.M at a point 525 feetWest of the East Line and 1375 feet North of the South Line of said Section to be used forirrigation in the months of May through October of each year; Benjamin K. Peterson, Michael R.Peterson, Kathy J. Long, Karl R. Peterson and Ruth S. Peterson wish to change the point ofdiversion of 0.15 c.f.s. to an irrigation pump located on Lot 4, Island Acres Subdivision No. 1,NE1/4SE1/4 of Section 3, Township 49 North, Range 1 West, N.M.P.M at a point 525 feet Westof the East Line and 1475 feet North of the South Line of said Section to be used for irrigation inthe months of May through October of each year; Benjamin K. Peterson, Michael R. Peterson,Kathy J. Long, Karl R. Peterson and Ruth S. Peterson wish to change the point of diversion of0.15 c.f.s. to an irrigation pump located on Lot 5, Island Acres Subdivision No. 1, NE1/4SE1/4of Section 3, Township 49 North, Range 1 West, N.M.P.M at a point 530 feet West of the EastLine and 1550 feet North of the South Line of said Section to be used for irrigation in the monthsof May through October of each year; Karl R. Peterson and Ruth S. Peterson wish to change thepoint of diversion of 0.15 c.f.s. to an irrigation pump located on Lot 6, Island Acres SubdivisionNo. 1, NE1/4SE1/4 of Section 3, Township 49 North, Range 1 West, N.M.P.M at a point 535feet West of the East Line and 1610 feet North of the South Line of said Section to be used forirrigation in the months of May through October of each year; Linda Goldman wishes to changethe point of diversion of 0.15 c.f.s. to an irrigation pump located on Lot 7, Island AcresSubdivision No. 1, NE1/4SE1/4 of Section 3, Township 49 North, Range 1 West, N.M.P.M at apoint 535 feet West of the East Line and 1760 feet North of the South Line of said Section to beused for irrigation in the months of May through October of each year; George D. King and JuliaKing O’Neil wish to change the point of diversion of 0.15 c.f.s. to an irrigation pump located onLot 8, Island Acres Subdivision No. 1, NE1/4SE1/4 of Section 3, Township 49 North, Range 1West, N.M.P.M at a point 525 feet West of the East Line and 1825 feet North of the South Lineof said Section to be used for irrigation in the months of May through October of each year;Gerald E. Bullock and Toni M. Bullock wish to change the point of diversion of 0.15 c.f.s. to anirrigation pump located on Lot 9, Island Acres Subdivision No. 1, NE1/4SE1/4 of Section 3,Township 49 North, Range 1 West, N.M.P.M at a point 530 feet West of the East Line and 2025feet North of the South Line of said Section to be used for irrigation in the months of Maythrough October of each year; Gerald E. Bullock and Toni M. Bullock wish to change the pointof diversion of 0.15 c.f.s. to an irrigation pump located on Lot 10, Island Acres Subdivision No.1, NE1/4SE1/4 of Section 3, Township 49 North, Range 1 West, N.M.P.M at a point 450 feetWest of the East Line and 2125 feet North of the South Line of said Section to be used forirrigation in the months of May through October of each year; Benjamin K. Peterson and JillPeterson wish to change the point of diversion of 0.15 c.f.s. to an irrigation pump located on Lot11, Island Acres Subdivision No. 1, NE1/4SE1/4 of Section 3, Township 49 North, Range 1West, N.M.P.M at a point 425 feet West of the East Line and 2200 feet North of the South Lineof said Section to be used for irrigation in the months of May through October of each year; J.Craig Bryant and LuAnna L. Bryant wish to change the point of diversion of 0.15 c.f.s. to anirrigation pump located on Lot 12, Island Acres Subdivision No. 1, NE1/4SE1/4 of Section 3,Township 49 North, Range 1 West, N.M.P.M at a point 375 feet West of the East Line and 2275

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feet North of the South Line of said Section to be used for irrigation in the months of Maythrough October of each year; James Patrick Beard, Fred H. Mueller and Michael Lee Beardwish to change the point of diversion of 0.15 c.f.s. to an irrigation pump located on Lot 13,Island Acres Subdivision No. 1, NE1/4SE1/4 of Section 3, Township 49 North, Range 1 West,N.M.P.M at a point 300 feet West of the East Line and 2350 feet North of the South Line of saidSection to be used for irrigation in the months of May through October of each year; DonaldFrederick Schmalz and Valerie I. Schmalz wish to change the point of diversion of 0.15 c.f.s. toan irrigation pump located on Lot 36, Island Acres Subdivision No. 1, SE1/4SE1/4 of Section 3,Township 49 North, Range 1 West, N.M.P.M at a point 575 feet West of the East Line and 1225feet North of the South Line of said Section to be used for irrigation in the months of Maythrough October of each year; Donald Frederick Schmalz and Valerie I. Schmalz wish to changethe point of diversion of 0.15 c.f.s. to an irrigation pump located on Lot 37, Island AcresSubdivision No. 1, NE1/4SE1/4 of Section 3, Township 49 North, Range 1 West, N.M.P.M at apoint 525 feet West of the East Line and 1350 feet North of the South Line of said Section to beused for irrigation in the months of May through October of each year; Kenneth R. Coleman andTracey Thrasher Dailey wish to change the point of diversion of 0.15 c.f.s. to an irrigation pumplocated on Lot 38, Island Acres Subdivision No. 1, NE1/4SE1/4 of Section 3, Township 49North, Range 1 West, N.M.P.M at a point 680 feet West of the East Line and 1660 feet North ofthe South Line of said Section to be used for irrigation in the months of May through October ofeach year; Helen Winslow wishes to change the point of diversion of 0.15 c.f.s. to an irrigationpump located on Lot 39, Island Acres Subdivision No. 1, NE1/4SE1/4 of Section 3, Township49 North, Range 1 West, N.M.P.M at a point 680 feet West of the East Line and 2125 feet Northof the South Line of said Section to be used for irrigation in the months of May through Octoberof each year. The above change of points of diversion to 16 irrigation pumps at 0.15 c.f.s. eachwill total 2.4 c.f.s. leaving 0.225 c.f.s. of Applicants’ interests in Priority 520 at the original pointof diversion. Gunnison County.

72) Case No. 02CW296, DELTA COUNTY, NORTH FORK GUNNISON RIVER; SunshineSprings, L.L.C. c/o Nathan A. Keever, Esq., Dufford, Waldeck, Milburn & Krohn, L.L.P., 744Horizon Court, Ste. 300, Grand Junction, CO 81506 (970) 241-5500, Structure: SunshineSprings Commercial Diversion, Amount: 5.8 c.f.s., absolute; and an additional 2.0 c.f.s.,conditional, Appropriation: August 1, 2002, How Appropriation Was Initiated: Appropriationwas initiated by field work to determine the location for sales, and actual sales to industrial users,Location: A. Sunshine Spring No. 2: Located SW¼SE¼ of Section 9, Township 14 South, Range92 West, 6th P.M., at a point which is 1,830 feet west of the east section line and 1,316 feetnorth of the south section line of said Section 9, B. Sunshine Spring No. 3: Located SW¼SE¼ ofSection 9, Township 14 South, Range 92 West, 6th P.M., at a point which is 1,942 feet west ofthe east section line and 934 feet north of the south section line of said Section 9 C.SunshineSpring No. 4: Located SW¼SE¼ of Section 9, Township 14 South, Range 92 West, 6th P.M., ata point which is 2,054 feet west of the east section line and 549 feet north of the south sectionline of said Section 9, Source: Water will be collected from Sunshine Spring No. 2, SunshineSpring No. 3, and Sunshine Spring No. 4, which are natural springs tributary to an unnameddraw tributary to the North Fork of the Gunnison River, Use: Commercial (water sales) foreventual industrial, commercial, and domestic uses. Delta County.

73) Case No. 02CW297, SAN MIGUEL RIVER. Application for Underground WaterRights, Surface Water Right, Storage Water Right and Approval of Plan for Augmentation.APPLICANT: San Miguel County Board of County Commissioners, c/o Steven J. Zwick, Esq.,County Attorney, c/o Mark E. Hamilton, Esq., Special Water Counsel, CALOIA, HOUPT &

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HAMILTON, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601, (970) 945-6067,mham@sopris.net. FIRST CLAIM (underground water right): Name: Down Valley Park Well No.1; Location: the following are ties from the Mineral Survey corners on the survey of the DownValley Park (filed in Plat Book 1 at pages 2720 and 2721, San Miguel County): (1) from Corner#1 MS 6730 N 74° 47' 09" W, 1035.43'; (2) from Corner #2 MS 6730 N 00° 24' 51" W, 1265.04'(this location may also be plotted as Sec. 12, T. 43 N., R. 11 W., N.M.P.M., approx. 993 ft N. ofthe S. Sec. line and 923 ft E. of the W. Sec. line); Amount: 100 g.p.m., conditional; Source:alluvial groundwater tributary to the San Miguel River; Approp date: 06/01/2000; Uses:municipal, domestic, commercial, irrigation, fire protection, and recreation (up to 9.1 acresproposed to be irrigated, all within Lot B-2, Subdivision Exemption for Essential CommunityFacilities of Outlot B, Placer Valley Village Subdivision, Filing No. 1, Amendment # 2,according to the Correction Map recorded on 06/14/2000 in Plat Book 1 at page 2736; this wellwill be a source for San Miguel County’s Down Valley Park, which may include publicbathroom facilities, drinking fountains, offices and playing fields); Depth: approx. 50 ft. SECOND

CLAIM (underground water right): Name: Down Valley Park Pit Well; Location: the followingare ties from the above-referenced survey of the Down Valley Park: (1) from Corner #1 MS 6730N 61° 12' 02" W, 1178.04', (2) from Corner #2 MS 6730 N 01° 33' 13" W, 1561.37' (this locationmay also be plotted as Sec. 12, T. 43 N., R. 11 W., N.M.P.M., approx. 1288 ft N. of the S. Sec.line and 889 ft E. of the W. Sec. Line); Amount: 20 g.p.m., conditional; Source: alluvialgroundwater tributary to the San Miguel River; Approp. date: 06/01/2000; Uses: municipal,irrigation, fire protection, piscatorial, and recreation (up to 9.1 acres proposed to be irrigated, asdescribed above in First Claim. This structure was originally a gravel pit. It is kept full by naturalgroundwater inflows. In the future, surface evaporation will be augmented pursuant to the planfor augmentation set forth below. Water in the Pit Well may be used for irrigation of the DownValley Park, as well as for kayak lessons, fishing, or other similar recreational or municipalpurposes); Depth: approx. 15 ft; Remarks: this structure is the same structure identified inpending Case No. 01CW163--Applicant may seek consolidation of this case with 01CW163 andadministration of this structure under a 2001 adjudication. THIRD CLAIM (surface water right):Name: Down Valley Park River Diversion No. 1; Location: the following are ties to the above-referenced survey of the Down Valley Park: (1) from Corner #1 MS 6730 N 88° 36' 59" W,1019.75', (2) from Corner #2 MS 6730 N 01° 39' 26" W, 1018.33' (this location may also beplotted as Sec. 12, T. 43 N., R. 11 W., N.M.P.M., approx. 746 ft N. of the S. Sec. line and 903 ftE. of the W. Sec. Line); Amount: 0.5 c.f.s., conditional; Source: San Miguel River; Approp. date:06/01/2000; Uses: municipal, irrigation, piscatorial, and recreation (up to 9.1 acres proposed tobe irrigated, as described above in First Claim; this structure may also be used to freshen flowsthrough the Down Valley Park Pit Well (Second Claim, above). FOURTH CLAIM (storage waterright): Name: Trout Lake Reservoir, Down Valley Park Enlargement; Location: the initial pointof survey is at a point whence the NW corner of the SW ¼ of Sec. 8, T. 41 N., R. 9 W.,N.M.P.M., bears N. 89°15’ W. 976 ft; Source: Lake Fork of the San Miguel River; Approp. date:06/01/2000; Amount: 15 acre-feet, conditional; Uses: augmentation and hydroelectric powergeneration; Surface area: 138 acres; Total capacity: 3,314 acre-feet (active cap.approx. 2,274AF, dead storage approx. 1,040 AF); Remarks: water stored in Trout Lake Reservoir will bereleased to the San Miguel River to compensate for out-of-priority depletions associated withwater use at the Down Valley Park as more fully set forth below in Applicant’s Fifth Claim.Trout Lake Reservoir is located on the Lake Fork of the San Miguel River upstream of the DownValley Park. Thus, releases from Trout Lake Reservoir can replace out-of-priority depletionsupstream from any potentially injured water right. A water storage right for Trout LakeReservoir was initially decreed by the Montrose County District Court on November 1, 1939 inCivil Action No. 4641. FIFTH CLAIM (augmentation plan): Names of structures to be augmented:

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Down Valley Park Well No. 1 (see above First Claim), Down Valley Park Pit Well (see aboveSecond Claim), and Down Valley Park River Diversion No. 1 (see above Third Claim). Waterrights to be used for augmentation: Trout Lake Reservoir, Down Valley Park Enlargement (seeabove Fourth Claim). San Miguel County intends to enter into a Water Storage Lease with PublicService Company of Colorado (d/b/a XCEL Energy), the owner and operator of Trout LakeReservoir, that would allow the County to store water in Trout Lake Reservoir each year for laterrelease for augmentation purposes when the County’s Down Valley Park water rights wouldotherwise be out-of-priority. Historically, in dry years, calls placed on the San Miguel Riversystem have been limited to periods between July 1 and October 31. This plan provides for thereplacement of all out-of-priority depletions during this period. Statement of plan foraugmentation: San Miguel County intends to develop its 13.5-acre Down Valley Park property,otherwise described as Lot B-2, Placer Valley Village Subdivision, Filing No. 1, AmendmentNo. 2. Table 1 attached to the Application shows estimated monthly water diversions anddepletions as calculated by the engineering firm of Zancanella & Associates, Inc. Projected waterusage at the Park is summarized as follows: Indoor use: Projected indoor uses include publicbathroom facilities, drinking fountains and offices. Water use assumptions for these uses areestimated to be the equivalent of 2.5 EQR, with each EQR assumed to be 3.5 persons, eachrequiring 100 gallons of water per day. Thus, total indoor/domestic water demand from the wellis assumed to be about 0.98 acre-feet per year, with only 15% of this amount (0.15 acre-feet)depletive (sewage treatment will be via ISDS). Due to the immediate proximity of the wells tothe San Miguel River, all depletions are deemed to be instantaneous. Indoor use depletions fromJuly 1 through October 31 will total about 0.33 acre-feet. Irrigation: the plan contemplatesirrigation of playing fields and trees and shrubbery, as well as re-vegetation of native grasses inareas around the playing fields (re-vegetation will only require irrigation during the first five (5)years (2003-2008) under this plan). Permanent irrigated areas will be no larger than 3.1 acres insize, with an additional 6.0 acres that may be irrigated temporarily for five (5) years while nativegrasses are re-established. Irrigation uses are estimated to be eighty percent (80%) consumptive.Table 1 attached to the Application shows Blaney-Criddle calculations for depletions associatedwith irrigation of both turf and native grasses. Total depletions from irrigation for permanent turfgrass irrigation between July 1 and October 31 are estimated to be 2.5 acre-feet, with anadditional 4.09 acre-feet of depletions between July 1 and October 31 during the first five (5)years of the plan when native grasses are re-established. Pit Well Evaporation: The surface areaof the Down Valley Park Pit Well is estimated to be about 2.0 acres in size. Surface evaporationwill be about 1.68 acre-feet per acre, distributed throughout the year as set forth on Table 1attached to the Application, for a total yearly evaporation of 4.02 acre-feet, all of which will beconsumptive. Projected total pond evaporation from July 1 through October 31 is 1.98 acre-feet.Total Augmentation Requirements: Assuming a call extending throughout the period from July 1through October 31 each year, total out-of-priority depletions from all water uses will beapproximately 7.3 acre-feet (for the first five (5) years of this plan while native grasses are re-established), and 4.03 acre-feet in following years when no more than only 3.1 acres areirrigated. Monthly figures are shown on Table 1. All out-of-priority depletions will be replacedin time and amount with water released to the San Miguel River pursuant to a Water StorageLease to be entered into with Public Service Company of Colorado (d/b/a XCEL Energy). Aproposed schedule for augmentation releases is as follows (includes 5% transit losses for waterdeliveries from Trout Lake):

MONTH RELEASES UNTIL 2008 (AF) RELEASES AFTER 2008 (AF)July 3.94 1.98

August 1.44 0.89September 1.92 1.03

October 0.37 0.33

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TOTAL 7.67 4.23All structures and places of use identified in this Application are located within San MiguelCounty, CO. All structures and places of use are owned by San Miguel County, except for TroutLake Reservoir, which is owned and operated by Public Service Company of Colorado (d/b/aXCEL Energy), c/o Mr. Randy Rhodes, Water Coordinator, 4653 Table Mountain Drive, CoorsTechnology Center, Golden, CO 80383. Applicant intends and hereby requests that each of theconditional water rights requested above serve as alternate points of diversion for each other.San Miguel County.

74) Case No. 02CW298, SAN MIGUEL COUNTY - West Specie Creek and run-offtributary thereto, Specie Creek and run-off tributary thereto, both tributary to the San MiguelRiver. Application for Surface Water Right, Storage Water Right, and Groundwater Rights. Topof the World c/o Scott Balcomb, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Spgs, CO81602,(970) 945-6546. Claim for Surface Water Right. Name of structure: Top of the WorldEast Ditch. Legal description: Headgate located in the NE1/4 NW1/4, Sec. 20, T. 43 N., R. 11W., N.M.P.M., at a point located approximately 2,740 ft. from the E. Sec. line and 900 ft. fromthe N. Sec. line of said Sec. 20. Point of diversion also includes all tributary inflow that accruesalong the ditch course between the headgate on Specie Creek and the ditch terminus at the WestFork of Specie Creek including, but not limited to, a specific point of inflow located in the NE1/4 NW 1/4, Sec. 20, T. 43 N., R. 11 W., N.M.P.M., at a point located approximately 1,325 ft.from the W. Sec. line and 730 ft. from the N. Sec. line of said Sec. 20. Date of appropriation:06/29/1956. How appropriation initiated: Construction of ditch and beneficial use for purposesstated below. Date water applied to beneficial use: 06/29/1956. Amount claimed: 4.0 c.f.s., ofwhich 3.50 c.f.s. is absolute and 0.50 c.f.s. conditional for irrigation, stock watering and wildlifepropagation. The entire 4.0 c.f.s. is also claimed conditional for storage. Use and proposed use:Absolute use of 3.50 c.f.s. for irrigation, stock watering and wildlife propagation on Top of theWorld lots N and O, and as a supplemental supply for the Grace Estep Ditch, Top of the WorldEnlargement described herein; conditional use of 0.50 c.f.s. is for irrigation, stock watering andwildlife propagation on Top of the World lot P. The entire 4.0 c.f.s. is also claimed conditionalfor storage in Top of the World lots N, O and P ponds. Number of acres historically irrigated: 42acres, being portions of the W 1/2 SW 1/4, Sec. 17; and the NW 1/4, Sec. 20; all in T. 43 N., R.11 W., N.M.P.M. The Top of the World East Ditch has also been historically used to carry waterto the headgate of the Grace Estep Ditch, Top of the World Enlargement to supplement irrigationof lands historically irrigated thereunder as described below. Total number of acres proposed tobe irrigated: 52 acres, including the historic 42 acres described above, to carry water to theheadgate of the Grace Estep Ditch, Top of the World Enlargement to supplement irrigation oflands historically irrigated thereunder described below, and 10 additional acres located in theNW 1/4 of Sec. 20, T. 43 N., R. 11 W., N.M.P.M. Non-irrigation purposes: stock watering,wildlife propagation and storage in Top of the World Lots N, O and P ponds as described below.Name and address of owner of land upon which structure is or will be located, upon which wateris or will be stored, or upon which water is or will be placed to beneficial use: Applicant andparties identified on Exhibit B attached to the application. Name of structure: Grace Estep Ditch,Top of the World Enlargement. Legal description: Headgate located in SW 1/4 NW 1/4, Sec. 20,T. 43 N., R. 11 W., N.M.P.M., at a point located approximately 420 ft. from the W. Sec. line and2,730 ft. from the S. Sec. line of said Sec. 20. Point of diversion also includes supplementalinflow from Top of the World East Ditch, and all tributary inflow which accrues along the GraceEstep Ditch, Top of the World Enlargement ditch course between the headgate at the W. Fork ofSpecie Creek and the terminus of the ditch in the SE 1/4, Sec. 18, T. 43 N., R. 11 W., N.M.P.M.Date of appropriation: 06/29/1956. How appropriation initiated: Construction of ditch and

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beneficial use for the purposes stated below. Date water applied to beneficial use: 06/29/1956.Amount claimed: 2.50 c.f.s., absolute. Use and proposed use: Absolute use for irrigation, stockwatering and wildlife propagation and conditional use for storage. Number of acres historicallyirrigated: 73 acres, being portions of the W 1/2 SW 1/4, Sec. 17; E 1/2 SE 1/4, Sec. 18; E 1/2 NE1/4, Sec. 19; W 1/2 NW 1/4, Sec. 20; all in T. 43 N., R. 11 W., N.M.P.M. Total number of acresproposed to be irrigated: 73 acres historically irrigated as described above. Non-irrigationpurposes: stock water, wildlife propagation, and storage in ponds on Top of the World lots Athrough M, all in portions of the W 1/2 SW 1/4, Sec. 17; E 1/2 SE 1/4, Sec. 18; NE 1/4 and SE1/4, Sec. 19; W 1/2 NW 1/4 and W 1/2 SW 1/4, Sec. 20; W 1/2 NW 1/4, Sec. 29; NE 1/4, Sec.30; all in T. 43 N., R. 11 W., N.M.P.M. Name and address of owner of land upon which structureis or will be located, upon which water is or will be stored, or upon which water is or will beplaced to beneficial use: Applicant and parties identified on Exhibit B attached to application.Claim for Storage Water Right. Name of Structure: Top of the World Lot N Pond. Legaldescription: The center of the pond is located in the SW 1/4 SW 1/4 of Sec. 17, T. 43 N., R. 11W., N.M.P.M., at a point located approximately 590 ft. from the W. Sec. line and 1,060 ft. fromthe S. Sec. line of said Sec. 17. Diversions from Specie Creek into this pond will occur throughthe Top of the World East Ditch as described herein. Date of Appropriation: 05/07/1991. Howappropriation initiated: Field investigations, formation of intent to appropriate water,consultation with engineer, and formation of concepts for construction of pond, including sitingand location of pond. Date water applied to beneficial use: n/a. Amount claimed: 5.0 a.f.,conditional. Use: stock watering, wildlife propagation, piscatorial, recreation, and fire protectionon Top of the World Lot N, located in the NE 1/4 SW 1/4, and in portions of the S 1/2 SW 1/4and NW 1/4 SW 1/4, Sec. 17, T. 43 N., R. 11 W., N.M.P.M. Surface area: 1.0 acre. Height ofdam: less than 10 ft. Length of dam: 200 ft. Capacity: 5.0 a.f. Active capacity: 0.00. Deadstorage: 5.0 a.f. Name and address of owner of land upon which any structure is or will belocated, upon which water is or will be stored, or upon which water is or will be placed tobeneficial use: Applicant. Name of Reservoir: Top of the World Lot O Pond. Legal description:The center of the pond is located in the NW 1/4 NW 1/4, Sec. 20, T. 43 N., R. 11 W., N.M.P.M.,at a point located approximately 1,020 ft. from the W. Sec. line and 590 ft. from the N. Sec. lineof said Sec. 20. Diversion from Specie Creek into this pond will occur through the Top of theWorld East Ditch as described herein. Date of Appropriation: 05/07/1991. How appropriationinitiated: Field investigations, formation of intent to appropriate water, consultation withengineer, and formation of concepts for construction of pond, including siting and location ofpond. Date water applied to beneficial use: n/a. Amount claimed: 5.0 a.f., conditional. Use: Stockwatering, wildlife propagation, piscatorial, recreation, and fire protection on Top of the WorldLot O, located in portions of the NW 1/4 of Sec. 20; and S 1/2 SW 1/4, Sec. 17; all in T. 43 N.,R. 11 W., N.M.P.M. Surface area: 1.0 acre. Height of dam: less than 10 ft. Length of dam: 200 ft.Capacity: 5.0 a.f. Active capacity: 0.00. Dead storage: 5.0 a.f. Name and address of owner ofland upon which structure is or will be located, upon which water is or will be stored, or uponwhich water is or will be placed to beneficial use: Applicant. Name of Reservoir: Top of theWorld Lot P Pond. Legal description: The center of the pond is located in the SE 1/4 NW 1/4 ofSec. 20, T. 43 N., R. 11 W., N.M.P.M., at a point located approximately 1,400 ft. from the W.Sec. line and 1,710 ft. from the N. Sec. line of said Sec. 20. Diversion from Specie Creek intothis pond will occur through the Top of the World East Ditch as described herein. Date ofAppropriation: 05/07/1991. How appropriation was initiated: Field investigations, formation ofintent to appropriate water, consultation with engineer, and formation of concepts forconstruction of pond, including siting and location of pond. Date water applied to beneficial use:n/a. Amount claimed: 5.0 a.f., conditional. Use: Stock watering, wildlife propagation, piscatorial,recreation, and fire protection on Top of the World Lot P, located in the SW 1/4 NE 1/4, and in

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portions of the S 1/2 NW 1/4, NE 1/4 NW 1/4 and NW 1/4 SW 1/4, Sec. 20, T. 43 N., R. 11 W.,N.M.P.M. Surface area: 1.0 acre. Height of dam: less than 10 ft. Length of dam: 200 ft. Totalcapacity of Reservoir: 5.0 a.f. Active capacity: 0.00. Dead storage: 5.0 a.f. Name and address ofowner of land upon which structure is or will be located, upon which water is or will be stored,or upon which water is or will be placed to beneficial use: Applicant. Third Claim for GroundWater Rights. Name of Well: Top of the World Lot N Well (Permit No. 245447). Legaldescription of well: SW 1/4 SW 1/4, Sec. 17, T. 43 N., R. 11 W., N.M.P.M., at a point locatedapproximately 640 ft. from the W. Sec. line and 880 ft. from the S. Sec. line of said Sec. 17.Depth: 500 ft. estimated. Date of Appropriation: 05/07/1991. How appropriation initiated: Fieldinvestigations, formation of intent to appropriate water, consultation with engineer, andformation of concepts for construction of well, including siting and location of well. Date waterapplied to beneficial use: n/a. Amount claimed: 0.033 c.f.s. (15 g.p.m.), conditional. Proposeduse: Number of acres historically irrigated: n/a. Total number of acres proposed to be irrigated:up to 1.0 acre of lawns and gardens on Top of the World Lot N, located in the NE 1/4 SW 1/4,and in portions of the S 1/2 SW 1/4 and NW 1/4 SW 1/4, Sec. 17, T. 43 N., R. 11 W., N.M.P.M.Non-irrigation purposes: Ordinary household purposes for up to 3 single-family dwellings, fireprotection, watering of poultry, domestic animals, and livestock. Name and address of owner ofthe land upon which structure is or will be located, upon which water is or will be stored, or uponwhich water is or will be placed to beneficial use: Applicant. Name of Well: Top of the WorldLot O Well (Permit No. 245448). Legal description of well: NE 1/4 NW 1/4, Sec. 20, T. 43 N.,R. 11 W., N.M.P.M., at a point located approximately 1,330 ft. from the W. Sec. line and 1,030ft. from the N. Sec. line of said Sec. 20. Depth: 500 ft. estimated. Date of appropriation:05/07/1991. How appropriation was initiated: Field investigations, formation of intent toappropriate water, consultation with engineer, and formation of concepts for construction ofwell, including siting and location of well. Date water applied to beneficial use: n/a. Amountclaimed: 0.033 c.f.s. (15 g.p.m.) conditional. Proposed use: Number of acres historicallyirrigated: n/a. Total number of acres proposed to be irrigated: up to 1.0 acre of lawns and gardenson Top of the World Lot O, located in portions of the NW 1/4, Sec. 20; and the S 1/2 SW 1/4,Sec. 17; all in T. 43 N., R. 11 W., N.M.P.M. Non-irrigation purposes: Ordinary householdpurposes for up to 3 single-family dwellings, fire protection, watering of poultry, domesticanimals, and livestock. Name and address of owner of the land upon which any structure is orwill be located, upon which water is or will be stored, or upon which water is or will be placed tobeneficial use: Applicant. Name of Well: Top of the World Lot P Well (Permit No. 245449).Legal description of well: SE 1/4 NW 1/4, Sec. 20, T. 43 N., R. 11 W., N.M.P.M., at a pointlocated approximately 1,430 ft. from the W. Sec. line and 2,060 ft. from the N. Sec. line of saidSec. 20. Depth: 500 ft. estimated. Date of appropriation: 05/07/1991. How appropriation wasinitiated: Field investigations, formation of intent to appropriate water, consultation withengineer, and formation of concepts for construction of well, including siting and location ofwell. Date water applied to beneficial use: n/a. Amount claimed: 0.033 c.f.s. (15 g.p.m.),conditional. Proposed use: Number of acres historically irrigated: n/a. Total number of acresproposed to be irrigated: up to 1.0 acre of lawns and gardens on Top of the World Lot P, locatedin the SW 1/4 NE 1/4, and in portions of the S 1/2 NW 1/4, NE 1/4 NW 1/4 and NW 1/4 SW 1/4,Sec. 20, T. 43 N., R. 11 W., N.M.P.M. If non-irrigation, describe purpose fully: Ordinaryhousehold purposes for up to 3 single-family dwellings, fire protection, watering of poultry,domestic animals, and livestock. Name and address of owner of the land upon which structure isor will be located, upon which water is or will be stored, or upon which water is or will be placedto beneficial use: Applicant. Remarks: The Lot N, O and P Wells as described will each be theonly well constructed on a tract of land larger than 35 acres. Applicant is seeking a decreerecognizing “exempt well” permits for the Lot N, O and P Wells in accordance with C.R.S. § 37-

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92-602. Comments: A map showing locations of the structures discussed herein is attached to theApplication as Exhibit A. San Miguel County.

75) Case No. 02CW299, Loutsenhizer Canal and Dallas Creek, tributary to UncompahgreRiver. Application for Surface and Storage Water Rights and Plan for Augmentation. MKCJLLC, c/o Scott Balcomb, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO81602, (970) 945-6546, Fax (970) 945-8902. First Claim. Name of structure: MKCJ Pipeline.Legal description: The MKCJ Pipeline diverts from an unnamed lateral which diverts from theLoutsenhizer Canal. The headgate for the unnamed lateral is located in the SW1/4NW1/4 of Sec.4, T. 49 N., R. 9 W., N.M.P.M. in Montrose County. The GPS coordinates for the lateral’sheadgate are Northing 42 685 92 m., Easting 13 249 008 m. The pipeline’s point of diversionfrom the unnamed lateral is located in the SW1/4NW1/4 of Sec. 4, T. 49 N., R. 9 W., N.M.P.M.in Montrose County. The GPS coordinates for the pipeline are Northing 42 675 67 m., Easting13 250 237 m. Date of initiation of appropriation: 05/25/2002. How appropriation was initiated:by purchase of property on which the MKCJ Reservoir, as described below, is located, formationof intent to divert water, consultation with Division Engineer, and beginning construction of theReservoir. Date water applied to beneficial use: n/a. Amt. claimed: 1.3 cfs, cond. Use orproposed use: Irr., rec., fish culture, fill and refill of MKCJ Reservoir. Number of acreshistorically irrigated: 79 acres. Number of acres proposed to be irrigated: 69 acres. Legaldescription of acreage: 70 acres located in the SW1/4NW1/4 and SE1/4NW1/4 of Sec. 4, T. 49N., R. 9 W. of the N.M.P.M., Montrose County, Colorado. If non-irrigation, describe purposefully. Recreation, fish culture, and fill and refill of the MKCJ Reservoir, as more fully describedbelow. Name and address of owner or reputed owner of land upon which structure is located:Applicant. Remarks: Applicant owns 20 shares of Class 3 water, and 3 shares of Class 6 waterfrom the Uncompahgre Valley Water Users Association (UVWUA), which have historicallybeen used to irrigate Applicant’s property. Applicant intends to continue using water pipedthrough the MKCJ Pipeline to meet its historic irrigation needs, and, when the UncompahgreRiver is not on call, to fill the junior storage right for the MKCJ Reservoir. Due to theconstruction of the Reservoir, the historically irrigated acreage will be reduced by 9.18 acres.Second Claim. Name of Reservoir: MKCJ Reservoir. Legal description of location of dam:Located in the SW1/4NW1/4 of Sec. 4, T. 49 N., R. 9 W., N.M.P.M. in Montrose County. TheGPS coordinates for the crest of the dam at streamline/outlet is Northing 42 696 58 m., Easting13 2478 73 m. If off-channel reservoir, name and capacity of ditch or ditches used to fillreservoir, and legal description of each point of diversion: MKCJ Pipeline. Date ofappropriation: 05/25/2002. How appropriation was initiated: by purchase of property on whichthe reservoir is located, formation of intent to divert water, consultation with Division Engineer,and beginning construction of the reservoir. Date water applied to beneficial use: n/a. Amt.claimed: 38.6 a.f., cond. Rate of diversion: 1.3 c.f.s., cond. Use or proposed use: Irr., rec., andfish culture. Surface area of high water line: 9.18 acres. Maximum height of dam in ft.: 6 ft.Length of dam in ft.: 3,000 ft. Total capacity of reservoir in a.f.: 38.6 a.f. Active capacity: 34.75a.f. Dead storage: 3.85 a.f. Name and address of owner of the land upon which structure islocated, upon which water will be stored, or upon which water will be placed to beneficial use:Applicant. Remarks: The UVWUA has granted Applicant permission to fill the Reservoir withwater from the Loutsenhizer Canal when the Uncompahgre River is not on call. The Reservoirwill then remain filled year-round. The Reservoir will be used for recreation and fish culturepurposes. In addition, water may be pumped from the Reservoir to meet the property’s historicirrigation needs. Evaporative depletions resulting from storage will be replaced with waterdiverted from the Loutsenhizer Canal. Contract water obtained from the Tri-County WaterConservancy Dist., pursuant to the augmentation and exchange plan described below, shall

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insure no injury will result to other users by virtue of these diversions when the UncompahgreRiver is on call. Third Claim. Name of Structures to be Augmented by Exchange: MKCJReservoir. Previous decree for water right to be used for augmentation: Ridgway Reservoir(Dallas Creek Project). Date entered: 04/14/1961. Case No.: C.A. 2440. Court: Water Ct., WaterDiv. 4. Type of water right: Storage. Legal description of place of storage: The legal descriptionfor the center line of the crest of the Ridgway Reservoir Dam at the E. abutment, as constructedand as corrected by the decree in Water Div. 4 Case No. 94CW52, is located at a point whencethe S. quarter corner of Sec. 16, T. 46 N., R. 8 W., N.M.P.M. bears S. 37deg. 11' 22.8" E.2,680.38 ft.; and the center line of the crest of the Ridgway Reservoir of the dam of the RidgwayReservoir Dam at the W. abutment, as constructed, is located at a point whence the S. quartercorner of said Sec. 16 bears S. 69deg. 52' 37.2" E. 4,252.33 ft., and the center line of the Dambetween the E. and W. abutments bears S. 74deg. 10' 42" W. 2,466.00 ft. Amt.: 84,602.00 a.f.Appropriation: 11/16/1956. Decreed Use: Irr., stock, power, mun., ind., fish culture, rec., floodcontrol, and supplemental stream flows for fish culture and rec. purposes. Statement of plan ofaugmentation: Applicant seeks to augment the out-of-priority evaporative losses from the MKCJReservoir resulting from storage. The Reservoir will initially be filled with water from theLoutsenhizer Canal when the Uncompahgre River is not on call. The Reservoir will remain filledyear-round. Evaporative depletions resulting from storage will be replaced throughout the yearwith water diverted from the Loutsenhizer Canal. Water which historically has irrigatedApplicant’s property may also flow into the Reservoir and then be pumped from the Reservoirfor irrigation when Applicant’s UVWUA water rights are in priority. Annual net evaporationtotals 28.42 a.f., of which 12.98 a.f. per year shall occur during the months from July throughOctober, when the Uncompahgre River will likely be on call. In order to ensure the diversionsfrom the Loutsenhizer Canal replacing the evaporation depletions will not result in injury toother water users, Applicant shall obtain a contract for augmentation water out of RidgwayReservoir from the Tri-County Water Conservancy Dist., to replace out-of-priority depletionsoccurring when the Uncompahgre River is on call. Water from the Ridgway Reservoir will bereleased according to the discretion of the Division Engineer. In the event water from theRidgway Reservoir is not available to replace out-of-priority diversions from the LoutsenhizerCanal, Applicant shall cease diverting from the Loutsenhizer Canal to refill the evaporativedepletions. Applicant does not intend to make out-of-priority diversions for irrigation, nor doesApplicant seek consumptive use credits for the dry-up of the 9 acres on which the Reservoir islocated. Montrose County.

76) Case No. 02CW300, Zoline Family Estate, LLC, c/o Patrick, Miller & Kropf, P.C., 730 EastDurant, Suite 200, Aspen, CO 81611, (970) 920-1028; Application for Surface Water Rights. FIRSTCLAIM. Name of structure: Jebby Spring. Legal description of each point of diversion. The JebbySpring is located 342 feet from the west section line, 2876 feet from the south section line, Section 8,T42N, R9W, NMPM, according to that Dependent Resurvey, Subdivision of Sections 18 and 19, andMetes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New MexicoPrincipal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United StatesDepartment of the Interior, Bureau of Land Management, March 28, 1990. Source: Turkey Creek,tributary to the San Miguel River. Date of initial appropriation: December 10, 2002. How appropriationwas initiated: Intent to appropriate, posting of notice and development of plan for beneficial use.Amount claimed: 0.06 cfs, conditional. Uses: wetlands, wildlife propagation, aesthetics, storage,irrigation, and augmentation. Number of acres proposed to be irrigated: 1.8. Legal description:Applicant’s property. Applicant also seeks to develop the Jebby Spring to create and enhance wetlands,and provide for wildlife, aesthetics, and store water for augmentation purposes. The name and address ofthe owner upon which structure will be located: Applicant. Remarks: The Jebby Spring is one

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component of an integrated water supply for the Applicant’s property. SECOND CLAIM. Name ofstructure: Pamela Spring. Legal description: The Pamela Spring is located 708 feet from the west sectionline, 3212 feet from the south section line, Section 8, T42N, R9W, NMPM according to that DependentResurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts,Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by theChief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of LandManagement, March 28, 1990. Source: Turkey Creek, tributary to the San Miguel River. Date of initialappropriation: December 10, 2002. How appropriation was initiated: Intent to appropriate, posting ofnotice and development of plan for beneficial use. Amount claimed: 0.04 cfs, conditional. Uses:wetlands, wildlife propagation, aesthetics, storage, irrigation, and augmentation. Number of acres to beirrigated: 1.2. Legal description: Applicant’s property. Applicant also seeks to develop the PamelaSpring to create and enhance wetlands, and provide for wildlife, aesthetics, and store water foraugmentation purposes. The name and address of the owner upon which structure is located: Applicant.Remarks: The Pamela Spring is one component of an integrated water supply for the Applicant’sproperty. THIRD CLAIM. Name of structure: Gabriel Spring. Legal description: The Gabriel Spring islocated 311 feet from the west section line, 3095 feet from the south section line, Section 8, T42N,R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes andBounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico PrincipalMeridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Departmentof the Interior, Bureau of Land Management, March 28, 1990. Source: Turkey Creek, tributary to theSan Miguel River. Date of initial appropriation: December 10, 2002. How appropriation was initiated:Intent to appropriate, posting of notice and development of plan for beneficial use. Amount claimed:0.02 cfs, conditional. Uses: wetlands, wildlife propagation, aesthetics, storage, irrigation, andaugmentation. Number of acres proposed to be irrigated: 0.6. Legal description of acreage: Applicant’sproperty. Applicant also seeks to develop the Gabriel Spring to create and enhance wetlands, andprovide for wildlife, aesthetics, and store water for augmentation purposes. The name and address of theowner upon which structure is located. Applicant. Remarks: The Gabriel Spring is one component of anintegrated water supply for the Applicant’s property. FOURTH CLAIM. Name of structure: JosselinSpring. Legal description: The Josselin Spring is located 773 feet from the west section line, 1942 feetfrom the south section line, Section 8, T42N, R9W, NMPM according to that Dependent Resurvey,Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the ChiefCadastral Surveyor for Colorado, United States Department of the Interior, Bureau of LandManagement, March 28, 1990. Source: Turkey Creek, tributary to the San Miguel River. Date of initialappropriation: December 10, 2002. Intent to appropriate, posting of notice and development of plan forbeneficial use. Amount claimed: 0.04 cfs, conditional. Uses: wetlands, wildlife propagation, aesthetics,storage, irrigation, and augmentation. Number of acres proposed to be irrigated: 1.2. Legal descriptionof acreage: Applicant’s property. Applicant also seeks to develop the Josselin Spring to create andenhance wetlands, and provide for wildlife, aesthetics, and store water for augmentation purposes. Thename and address of the owner upon which any structure is or will be located, upon which water is orwill be stored, or upon which water is or will be placed to beneficial use. Applicant. Remarks: TheJosselin Spring is one component of an integrated water supply for the Applicant’s property. FIFTHCLAIM. Name of structure: Abigail Spring. Legal description: The Abigail Spring is located 1044 feetfrom the west section line, 1818 feet from the south section line, Section 8, T42N, R9W, NMPMaccording to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and BoundsSurvey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian,Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of theInterior, Bureau of Land Management, March 28, 1990. Source: Turkey Creek, tributary to the SanMiguel River. Date of initial appropriation: December 10, 2002. How appropriation was initiated:

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Intent to appropriate, posting of notice and development of plan for beneficial use. Amount claimed:0.04 cfs, conditional. Uses: wetlands, wildlife propagation, aesthetics, storage, irrigation, andaugmentation. Number of acres proposed to be irrigated: 1.2. Legal description of acreage: Applicant’sproperty. Applicant also seeks to develop the Abigail Spring to create and enhance wetlands, andprovide for wildlife, aesthetics, and store water for augmentation purposes. The name and address of theowner upon which any structure is located: Applicant. Remarks: The Abigail Spring is one componentof an integrated water supply for the Applicant’s property. SIXTH CLAIM. Name of structure: ThomasSpring. Legal description: The Thomas Spring is located 444 feet from the west section line, 820 feetfrom the south section line, Section 8, T42N, R9W, NMPM according to that Dependent Resurvey,Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the ChiefCadastral Surveyor for Colorado, United States Department of the Interior, Bureau of LandManagement, March 28, 1990. Source: Turkey Creek, tributary to the San Miguel River. Date of initialappropriation: December 10, 2002. How appropriation was initiated: Intent to appropriate, posting ofnotice and development of plan for beneficial use. Amount claimed: 0.04 cfs, conditional. Uses:wetlands, wildlife propagation, aesthetics, storage, irrigation, and augmentation. Number of acresproposed to be irrigated: 1.2. Legal description of acreage: Applicant’s property. If non-irrigation,describe purpose fully. Applicant also seeks to develop the Thomas Spring to create and enhancewetlands, and provide for wildlife, aesthetics, and store water for augmentation purposes. The name andaddress of the owner upon which structure is located: Applicant. Remarks: The Thomas Spring is onecomponent of an integrated water supply for the Applicant’s property. SEVENTH CLAIM. Name ofstructure: Patricia Spring. Legal description: The Patricia Spring is located 505 feet from the northsection line, 115 feet from the east section line, Section 18, T42N, R9W, NMPM according to thatDependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of CertainTracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approvedby the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of LandManagement, March 28, 1990. Source: Turkey Creek, tributary to the San Miguel River. Date of initialappropriation: December 10, 2002. Intent to appropriate, posting of notice and development of plan forbeneficial use. Amount claimed: 0.06 cfs, conditional. Uses: wetlands, wildlife propagation, aesthetics,storage, irrigation, and augmentation. Number of acres proposed to be irrigated: 1.8. Legal description:Applicant’s property. Applicant also seeks to develop the Patricia Spring to create and enhancewetlands, and provide for wildlife, aesthetics, and store water for augmentation purposes. The name andaddress of the owner upon which structure is located: Applicant. Remarks: The Patricia Spring is onecomponent of an integrated water supply for the Applicant’s property. EIGHTH CLAIM. Name ofstructure: Joseph Spring. Legal description: The Joseph Spring is located 749 feet from the northsection line, 233 feet from the east section line, Section 18, T42N, R9W, NMPM according to thatDependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of CertainTracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approvedby the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of LandManagement, March 28, 1990. Source: Turkey Creek, tributary to the San Miguel River. Date of initialappropriation: December 10, 2002. Intent to appropriate, posting of notice and development of plan forbeneficial use. Amount claimed: 0.06 cfs, conditional. Uses: wetlands, wildlife propagation, aesthetics,storage, irrigation, and augmentation. Number of acres to be irrigated: 1.8.Legal description of acreage:Applicant’s property. Applicant also seeks to develop the Joseph Spring to create and enhance wetlands,and provide for wildlife, aesthetics, and store water for augmentation purposes. The name and address ofthe owner upon which structure is located: Applicant. Remarks: The Joseph Spring is one component ofan integrated water supply for the Applicant’s property. NINTH CLAIM. Name of structure: SaschaSprings. Legal description: The Sascha Springs are located 1001 feet from the north section line, 642feet from the east section line, Section 18, T42N, R9W, NMPM according to that Dependent Resurvey,

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Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the ChiefCadastral Surveyor for Colorado, United States Department of the Interior, Bureau of LandManagement, March 28, 1990. Source: Turkey Creek, tributary to the San Miguel River. Date of initialappropriation: December 10, 2002. Intent to appropriate, posting of notice and development of plan forbeneficial use. Amount claimed: 0.14 cfs, conditional. Uses: wetlands, wildlife propagation, aesthetics,storage, irrigation, and augmentation. Number of acres proposed to be irrigated: 4.2. Legal description:Applicant’s property. Applicant also seeks to develop the Sascha Springs to create and enhancewetlands, and provide for wildlife, aesthetics, and store water and use for augmentation purposes. Thename and address of the owner upon which structure is located: Applicant. Remarks: The SaschaSprings are one component of an integrated water supply for the Applicant’s property. TENTH CLAIM.Name of structure: Sunshine Spring No. 1 Enlargement. Legal description: The Sunshine Spring No. 1Enlargement is located 393 feet from the north section line, 6 feet from the east section line, Section 18,T42N, R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, andMetes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New MexicoPrincipal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United StatesDepartment of the Interior, Bureau of Land Management, March 28, 1990. Source: Turkey Creek,tributary to the San Miguel River. Date of initial appropriation: December 10, 2002. Intent toappropriate, posting of notice and development of plan for beneficial use. Amount claimed: 0.2 cfs,conditional. Uses: wetlands, wildlife propagation, aesthetics, storage, irrigation, and augmentation.Number of acres proposed to be irrigated: Legal description of acreage: Applicant’s property. Applicantalso seeks to develop the Sunshine Spring No. 1 Enlargement to create and enhance wetlands, andprovide for wildlife, aesthetics, and store water for augmentation purposes. The name and address of theowner upon which structure is located. Applicant. Remarks: The Sunshine Spring No. 1 Enlargement isone component of an integrated water supply for the Applicant’s property. This is an enlargement to theZoline Family Estate, LLC's existing Sunshine Spring No. 1 absolute water right of 0.03cfs. SanMiguel County.

AMENDED APPLICATIONS

77) Case No. 01CW122, Nick H. Gray, 584 65.30 Road, Montrose, Colorado 81401,Telephone: (970) 249-9436, Victor T. Roushar, #1941, WOODROW & ROUSHAR, P.O. Box327, Montrose, Colorado 81401, Telephone: (970) 249-4531; An amended application forchange of water right and application for additional 4.00 c.f.s. absolute for irrigation up to 600acres and all of the 1.5 c.f.s. in the Moshisky Ditch No. 97, Priority No. 153 and all of the CedarPark Ditch No. 98, Priority No. 154. Cedar Park Ditch No. 98 and Moshisky Ditch No. 97.West bank of Cedar Park Gulch whence the West quarter corner of Section 25, Township 49North, Range 8 West, N.M.P.M. bears N. 27� 15' W., 3540 feet. Drainage Basin: The naturaldrainage is into the Uncompahgre River. Quantities: 1.50 c.f.s. decreed to the Moshisky DitchNo. 97, Priority No. 153, of which applicant is the owner of the entire amount. (1) 1.95 c.f.s. ofthe Cedar Park Ditch No. 98, Priority No. 154, of which the applicant is the owner of the entireamount. (2) 4.00 c.f.s. absolute with additional supplemental irrigation water from Cedar ParkDitch. Appropriation Date: The Moshisky Ditch No. 97, Priority No. 153 and the Cedar ParkDitch No. 98, Priority No. 154 both have decree dates of July 3, 1929. The appropriation datefor the additional 4.00 c.f.s. through the Cedar Park Ditch is July 31, 1954. Use: Irrigation andsupplemental irrigation for up to 600 acres of land. Type of Structure: Diversion box.Additional Information: Applicant has constructed various ditches, boxes, pipelines and valves

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so as to maximize the use of the water since he acquired the real estate commencing as early as1953. Montrose County.

78) Case No. 02CW115, Jeff and Suzanne Franz, 66580 Otter Road, Montrose, CO 81401;Amended Application for Water Storage Right: FRANZ POND. Located SE ¼ SW ¼ ofSection 3, Township 48 North, Range 9 West, N.M.P.M. Source of Water: Uncompahgre River.Decree for .5 a.f. conditional; Appropriation Date: July 8, 2002; Use: Irrigation and Livestock.Montrose County.

79) Case No. 02CW 116, Silver Hawk, Ltd., George E. Glasier, President, 31127 Highway90, P.O. Box 98, Nucla, CO 81424-0098; Amended Application for Surface Water Rights:PARKWAY DITCH – SILVER HAWK POWER PLANT. Located NW ¼ NW ¼ of Section 6,Township 46 North, Range 14 West, N.M.P.M. Distance from section lines at a point 686 feeteast of the west section line and 1320 feet south of the north section line. Source of Water: SanMiguel River. Decree for 20 c.f.s. conditional; Appropriation Date: July 18, 2002; Use: PowerGeneration. Montrose County.

You are further notified that you have until the last day of February 2003, to file with theWater Clerk, in quadruplicate, a Verified Statement of Opposition setting forth facts as to why acertain application should not be granted or why it should be granted only in part or on certainconditions. A copy of such a Statement of Opposition must also be served upon the applicant orthe applicant’s attorney and an affidavit of certificate of such service shall be filed with theWater Clerk, as prescribed by C.R.C.P. Rule 5. Filing fee - $45.00 (Statement of Oppositionform may be obtained from the Water Clerk’s Office or WWW.COURTS.STATE.CO.US).

___________________________ January 10, 2003Valerie Inda, Water Clerk Division No. 41200 North Grand Avenue, Bin AMontrose, CO 81401valerie.inda@judicial.state.co.us

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308, C.R.S. (2002) [HB 02-1414] directs the State Engineer to establish anotification list for each water division to notify interested parties of requests for approval ofsubstitute water supply plans.

To receive this information for 2003, specify if you prefer the information by first-classmail or electronic mail and submit your name, mailing address, e-mail address (if applicable),daytime telephone number and water division(s) to:

Substitute Water Supply Notification ListColorado Division of Water Resources1313 Sherman Street, Room 818Denver, Colorado 80203Or e-mail to: dwr-sspnotice@state.co.us.

There is a $12 fee for this information per calendar year, per water division. The fee maybe paid by Visa, MasterCard, check or money order payable to the Colorado Division of WaterResources. If paying by credit card, please include the credit card number and expiration date.

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Additional information regarding Substitute Water Supply Plans is available on theDivision of Water Resources' website at http://water.state.co.us/. Questions may be directed tothe Division of Water Resources at (303) 866-3581.