pursuant to c.r.s., §37-92-302, as amended, you are ...comprise a resume of the applications and...

PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGESCOMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATERCLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2001.

1. 01CW66 - GRAND COUNTY, COLORADO RIVER, WATER DISTRICT NO. 5. Thelma Matheson, 2057 CR 24,Kremmling, Colorado 80459 (970) 724-3532. c/o Stanley W. Cazier, P.O. Box 500, Granby, Colorado, 80446, (970) 887-3376.APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure: East Fork Reservoir No. 1. Source: EastFork Troublesome Creek, tributary to Troublesome Creek, tributary to the Colorado River. Location: The initial point of survey islocated at a point whence the North quarter corner of Sec. 11, T3N, R79W of the 6th P.M. bears North 12°15' East 2,050 feet. Type ofUse: Irrigation. Type of Structure: Reservoir. Quantity: 3,000 af. Appropriation date: 5/17/55. Additional Information: Applicationcontains detailed list of work done during diligence period. (2 pages)

2. 01CW67 EAGLE COUNTY – ROCK CREEK TRIBUTARY TO THE COLORADO RIVER. Robert C. Ford &Theresa J. Kosciulek; P.O. Box 273; McCoy, CO 80463 970-653-4281. Theresa Spring – Application for Water Rights (Surface).Location: NE1/4NE1/4 Sec. 6, T. 2S., R. 83W., 6th P.M., 700 ft. from east section line and 5200 ft. from south section line.Appropriation: March 15, 2001. Amount: 4.0 gpm, conditional. Use: for use in two cabins, sinks, tub and toilet. (3 pages)

3. 01CW68 GRAND COUNTY. GROUND WATER TRIBUTARY TO COLORADO RIVER. APPLICATION FORFINDING OF REASONABLE DILIGENCE. RICHARD J. AND RITA M. CASE, c/o Mark J. Wagner, Esq., Hill & Robbins, P.C.,1441 18th Street, Suite 100, Denver, CO 80202 (303) 296-8100 2. Name of structures: Ross Creek Wells Nos. 1 through 26 andNorth Shore Development Corporation Well No.1.3. Describe conditional water right giving the following from the Referee's Rulingand Judgment and Decree: a. Date of Original Decree: December 4, 1984; Case No. 82CW-409; Court: District Court, Water DivisionNo.5. b. Location: Ross Creek Wells Nos.1 through 26 and North Shore Development Corporation Well No.1 are located in Section25, Township 3 North, Range 76 West of the 6th P.M. For exact locations see Appendix A to Application. c. Source: Groundwatertributary to the Colorado River drainage above Granby Reservoir. d. Appropriation Date: September 11, 1980; Amount: Ross CreekWell Nos. 1 through 26: 15 gpm, conditional; North Shore Development Corp. Well No.1: 100 gpm, conditional. e. Use: Ross CreekWell Nos.1 through 26: household use only; North Shore Development Corp. Well No.1: domestic, municipal, commercial, andrecreational purposes. f. Depth: approximately 285 feet. Depletions from the said wells are augmented pursuant to the plan foraugmentation decreed in Case No. 82CW409. 4. The application contains a detailed outline of what has been done toward completionof the conditional appropriation. (4 pages)

4. 01CW69 ( 93CW310) SUMMIT COUNTY – GROUND WATER TRIBUTARY TO THE SWAN RIVER. Joseph &Laurel Harris; 1844 Tiger Rd., P.O. Box 2695; Breckenridge, CO 80424 970-547-9166. Well #2, Permit #047225 – Application toMake Absolute. Location: SW1/4NW1/4 Sec. 16, T. 6S., R. 77W., 6th P.M., 2450 ft. from north section line and 485 ft. from westsection line. Appropriation: December 31, 1987. Amount: 15 gpm, absolute. Use: Household use only. (5 pages)

5. 01CW70 GRAND COUNTY, WATER DISTRICT NO. 5, APPLICATION FOR FINDING OF REASONABLEDILIGENCE Name and address of applicant: Town of Kremmling, 200 Eagle Ave., CO 80459, (970) 724-3249. c/o Stanley W.Cazier of Cazier and McGowan, Box 500, Granby, CO 80446, (970) 887-3376. Names of structures: JONES RESERVOIR NO. 1ENLARGEMENT, KREMMLING NORTH RESERVOIR, KREMMLING SOUTH FEEDER DITCH HEADGATE NO. 1,KREMMLING SOUTH FEEDER DITCH HEADGATE NO. 2. Decreed: September 13, 1967, CA 1416, Eagle County District Court.Legal Description: Jones Reservoir No. 1 Enlargement - lies across the channel of an unnamed creek on an axis which bears N. 73°15'W. from a point whence the NE Corner of Sec. 15, T1N, R81W of the 6th P.M., bears N. 59°15' E. 1304.14 feet; Kremmling NorthReservoir - is on an axis which bears N. 49°41' E. from a point whence the NE Corner of Sec. 15, T1N, R81W of the 6th P.M. bears S.39°16' E. 4374.12 feet; Kremmling South Feeder Ditch Headgate No. 1 - located on the left bank of an unnamed creek at a pointwhence the NE Corner of Sec. 15, T1N, R81W of the 6th P.M. bears N. 29°54' E. 13448.58 feet; Kremmling South Feeder DitchHeadgate No. 2 - located on the left bank of an unnamed creek at a point whence the NE Corner of Sec. 15, T1N, R81W of the 6th

P.M. bears N. 39°16' E. 12020.25 feet. Source: Jones Reservoir No. 1 Enlargement and Kremmling North Reservoir - Sheep Creekand seven unnamed creeks, all tributary to the Colorado River; Kremmling South Feeder Ditch Headgate No. 1 and Kremmling SouthFeeder Ditch Headgate No. 2 - unnamed creek, tributary to the Colorado River. Appropriation and Amount: Jones Reservoir No. 1Enlargement - September 14, 1966, 311.19 af; Kremmling North Reservoir - August 31, 1966, 107.38 af; Kremmling South FeederDitch Headgate No. 1 - August 8, 1966, 0.31 cfs; Kremmling South Feeder Ditch Headgate No. 2 - August 8, 1966, 0.31 cfs. Use: allmunicipal uses, including domestic use, mechanical, manufacturing, generation of electric power, power generally, fire protection,sewage treatment, street sprinkling, watering of parks, lawns and grounds, maintaining adequate storage reserves, irrigation,replacement and the adjustment and regulation of the units of the Town of Kremmling water supply system within themselves andwith other water users. The application contains a detailed outline of the work preformed during the diligence period. (5 pages)

6. 01CW71 (93CW310) SUMMIT COUNTY - GROUNDWATER TRIBUTARY TO THE SWAN RIVER. William H. &Rebecca A. Conkling; P.O. Box 7307; Breckenridge, CO 80424 970-453-2893. Well No. 4 – Application for Finding of Diligence.Location: SW1/4NW1/4 Sec. 16, T. 6S., R. 77W, 6th P.M., 2350 ft. from the north section line and 1000 ft. from the west section line.Appropriation: December 31, 1987. Amount: 15 gpm, conditional. Use: household. (3 pages)

APRIL 2001 RESUMEWATER DIVISION 5

7. 01CW72 GRAND COUNTY - COLORADO RIVER. Town of Fraser, P.O. Box 120, Fraser, CO. 80442, c/o Stanley W.Cazier, P.O. Box 500, Granby, CO., 80446, 970-887-3376. APPLICATION FOR FINDING OF REASONABLE DILIGENCE.Name of structure: Fraser Wells Nos. 7, 8 and 9. Source: Alluvium of the Fraser River. Location: Fraser Well No. 7 is located in theNE1/4NE1/4 of Section 19, T1S, R75W of the 6th P.M. at a point 850 feet South of the North line and 770 feet West of the East lineof said Section 19. Fraser Well No. 8 is located in the NE1/4NE1/4 of Section 19, T1S, R75W of the 6th P.M. at a point 280 feetSouth of the North line and 880 feet West of the East line of said Section 19. Fraser Well No. 9 is located in the NW1/4NE1/4 ofSection 19, T1S, R75W of the 6th P.M. at a point 360 feet South of the North line and 1470 feet West of the East line of said Section19. Type of Use: Irrigation, domestic, industrial and other municipal uses. Type of Structure: Wells. Quantity: Fraser Wells Nos. 7and 8 - 150 gpm each, Fraser Well No. 9 - 200 gpm. Appropriation Date: 2/28/85. Original Decree: 11/8/88, Case No.: 88CW339.Additional Information: All three wells have been drilled. Well No. 7 has been connected and used by the Town. The Town hasobtained easements for integrating Wells 8 and 9 into the Town system. During diligence period, the Town has spent over $30,000 onengineering for water system. (2 pages)

8. 01CW73 (93CW310) SUMMIT COUNTY – GROUNDWATER TRIBUTARY TO THE SWAN RIVER. Phillip D.Alward; 1 Marble Point; Decatur, IL 62521-9320 217-865-3009. Well #10, Permit #041579F – Application to Make Absolute.Location: NE1/4SW1/4 Sec. 16, T. 6S., R. 77W., 6th P.M., 125 ft. from the south section line and 1500 ft. from the west section line.Appropriation: December 31, 1987. Amount: 12 gpm, absolute and 3 gpm, conditional. Use: homeowner purposes. (5 pages)

9. 01CW074 Eagle County, Colorado Lake Creek Application for Reasonable Diligence of Don Welch _ Scott BalcombBalcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Name of structures: Williams Waste Water Diversion LuiHopper Ditch First Enlargement Welch Pond Information from previous decree for subject conditional water rights: Date of OriginalDecree: September 23, 1994 Case No.: 94CW127 Court: Water Court, Water Division 5 Williams Waste Water Diversion Location:Located in the NW1/4 of S18, T5S R82W of the 6th P.M., at a point whence the SW corner of S18 bears S 19°30' W a distance of5,540'. Source: Waste Water Tributary to Lake Creek Appropriation Date: May 23, 1994 Amount: 0.25 cfs, conditional Use:Irrigation, aesthetic, piscatorial and recreational use. Lui Hopper Ditch First Enlargement Location: The Headgate is located on the WBank of said creek at a point near the center of the SW1/4 of S18, T5S R82Wof the 6th P.M. Source: West Lake Creek AppropriationDate: May 24, 1994 Amount: 0.50 cfs, conditional Use: Irrigation, aesthetic, piscatorial and supply uses. Welch Pond Location:Located in the SW1/4 of S7, T5S R82W of the 6th P.M., at a point whence the SW corner of S18 bears S19°30' W. a distance of 5,660ft. Ditches used to fill the Reservoir: Williams Waste Water Diversion (0.25 cfs) and the Lui Hopper Ditch First Enlargement (0.5cfs). Waste Water tributary to Lake Creek Appropriation Date: May 24, 1994 Amount Claimed: In acre ft.: 0.5 A.F. Conditional Rateof diversion for filing the reservoir: 0.75 c.f.s. Uses: Irrigation, piscatorial, recreation and aesthetic uses. Surface area of high waterline: 1.0 A.F. Maximum Height of dam in ft.: 9 ft. Length of Dam in ft.: 50 ft. Total capacity of reservoir in acre ft.: 5 A.F. ActiveCapacity: 5 A.F. Dead Storage: 0 In the six years preceding the filing of this Application, Applicant has diligently pursueddevelopment of the subject conditional water rights and the Applicant's other conditional rights. Applicant has investigated the soilsconditions, and the difficulties in undertaking construction necessary to place the waters to beneficial use. Applicant intends to utilizethe water decreed as described above, and has no intention to relinquish the same. (5 pages)

10. 01CW75 (93CW310) SUMMIT COUNTY – GROUND TRIBUTARY TO THE SWAN RIVER. Robert & SharynGontram; 22 Porcupine Court; Keystone, CO 80435 970-262-1219. Well #3 – Application for Finding of Reasonable Diligence.Location: NW1/4SW1/4 Sec. 16, T. 6S, R. 77W., 6th P.M., 2600 ft. from south section line and 700 ft. from west section line.Appropriation: December 31, 1987. Amount: 15 gpm, conditional. Use: ordinary household purposes inside a single family dwelling.(2 pages)

11. 01CW76 (94CW274), SUMMIT COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE.1.Name, Address and Telephone Number of Applicant. Town of Breckenridge, c/o Town Manager, P.O. Box 168, Breckenridge, CO80424; c/o direct all pleadings to: Glenn E. Porzak, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO80302. 2. Name of Structure: Blue River Well No. 3, First Enlargement. 3. Description of Conditional Water Right: A. OriginalDecree: Ruling of the Referee dated June 30, 1980, as confirmed and approved by the District Court in and for Water Division No. 5(“Water Court”) in Case No. 79CW57 on August 17, 1980. B. Location: In the NW1/4 SW1/4 of Section 6, T. 7 S., R. 77 W. of the6th P.M., approximately 1900 feet North of the South section line and 1170 feet East of the West section line of said Section 6. C.Source: The source of the water is a well having a depth of 12 feet and being hydrologically connected to and tributary to the BlueRiver. D. Appropriation Date: December 15, 1978. E. Amount: 0.44 cfs, conditional. F. Decreed uses: Municipal, irrigation,industrial, commercial and domestic uses. 4. Detailed Outline of Work Done and Apply Water to Beneficial Use. The subject waterright was formerly a component of the integrated water system of the Blue River Water District (the “District”). In 1996, the waterrights and the water system of the District were acquired by the Town of Breckenridge (“Breckenridge”), which took overresponsibility for providing water to the District’s service area. Accordingly, the subject water right is now a component of


Breckenridge’s integrated water system. During the diligence period, Breckenridge incurred costs in excess of $169,458.00 tointegrate the District’s water service operations into the Breckenridge’s water system. The cost of integrating the water serviceoperation included the following items: Waterline A $ 10,125.00Waterline B 24,500.00Waterline C 21,935.00Waterline D 44,810.00Waterline E 12,896.00Engineering 2,600.00Landscaping 2,000.00Excavation 50,592.00Total $169,458.00In addition, Breckenridge initiated and has an application currently pending in the Water Court in Case No. 00CW172 to permit theright to alternately divert the water rights formerly owned by the District (including the subject water right) at Breckenridge’s primarymunicipal point of diversion. All of the foregoing is necessary to apply the subject water right to the beneficial uses for which it wasdecreed. WHEREFORE, applicants request that a finding of reasonable diligence be entered for the water right described in paragraph3 above. (4 pages)

12. 01CW77 (93CW310) SUMMIT COUNTY – GROUNDWATER TRIBUTARY TO THE SWAN RIVER, COLORAD0RIVER BASIN. Walter C. Roehrs; 1665 Cambridge Blvd.; Columbus, OH 43212-1927 614-488-5108. Well #6 – Application toMake Absolute. Location: SE1/4NW1/4 Sec. 16, T. 6S, R. 77W., 6th P.M., 3100 ft. from south sec. line and 2075 ft. from west sec.line. Appropriation: December 31, 1987. Amount: 6 gpm, absolute and 9 gpm, conditional. Use: ordinary household purposes insideone (1) single family dwelling. (16 pages)

13. 01CW78 (94CW83) EAGLE COUNTY – MORRISON FORMATION TRIBUTARY TO THE EAGLE RIVER. EricM. Berg; P.O. Box 3002; Vail, CO 81658 970-476-1929. Bear Gulch Well No. 3 – Application for Finding of Diligence. Location:NW1/4NE1/4 Sec. 35, T. 4S, R. 83W., 6th P.M., 4750 ft. from the south line and 2200 ft. from the east line. Appropriation: April 13,1994. Amount: 15 gpm, conditional. Use: domestic, including irrigation of no more than 2500 square ft. of lawn and landscape. (2pages)

14. 01CW079 EAGLE COUNTY CASTEEL CREEK TRIBUTARY TO WEST LAKE CREEK, TRIBUTARY TO THEEAGLE RIVER, TRIBUTARY TO THE COLORADO RIVER Application for Reasonable Diligence of Jean Graham _ ScottBalcomb Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Name of structure: Graham Spring No. 1, GrahamPond Nos. 1 and 2 Information from previous decree for subject conditional water rights: Date of Original Decree: April 4, 1995 CaseNo.: 94CW138 Court: Water Court, Water Division 5 Graham Spring No. 1 Location: Located in the NW1/4NW1/4 of S30, T5SR82W of the 6th P.M. at a point 520 ft from the N line and 950 ft from the W line of said S30. Source: Tributary to Casteel Creek,tributary to West Lake Creek, tributary to Lake Creek, tributary to the Eagle River, tributary to the Colorado River. AppropriationDate: Appropriation was initiated on May 2, 1994 by field location of the spring and formation of intent to divert the spring forbeneficial use. Amount: 0.005 c.f.s., conditional Use: Irrigation, aesthetic, recreation, and stockwatering Graham Pond No. 1 Location:Location of Dam: Located in the NW1/4NW1/4 of S30, T5S R82W of the 6th P.M. at a point 110 ft from the N line and 1040 ft fromthe W line of said S30. The pond is an on-channel reservoir. Source: Casteel Creek, tributary to West Lake Creek, tributary to LakeCreek, tributary to the Eagle River, tributary to the Colorado River. Appropriation Date: Appropriation was initiated in June of 1993by construction of the pond and filling with water. The water has been put to beneficial use for fish habitat and recreation purposes.Amount: 0.17 A.F., absolute for piscatorial and recreational uses, conditional for all other uses. Use: Domestic, irrigation,stockwatering, piscatorial, recreation, fire protection and augmentation purposes Surface Area of High Water Line: 0.07 AcresMaximum Height of Dam: 9 feet Length of Dam: 50 feet Total capacity of reservoir in Acre Feet: 0.17 A.F. Active Capacity: 0.17A.F. Dead Storage: 0.0 A.F. Graham Pond No. 2 Location: The pond is an on-channel reservoir whose dam is located in theNW1/4NW1/4, S30, T5S R82W of the 6th P.M. at a point 550 ft from the N line and 810 ft from the W line of said S30. Source:Casteel Creek, tributary to West Lake Creek, tributary to Lake Creek, tributary to the Eagle River, tributary to the Colorado River.Appropriation Date: Appropriation was initiated in June of 1993 by construction of the pond and filling with water. The water hasbeen put to beneficial use for fish habitat and recreation purposes. Amount: 0.13 A.F., absolute for piscatorial and recreational uses,conditional for all other uses. Use: Domestic, irrigation, stockwatering, piscatorial, recreation, fire protection and augmentationpurposes Surface Area of High Water Line: 0.04 Acres Maximum Height of Dam: 9 feet Length of Dam: 55 feet Total capacity ofreservoir in Acre Feet: 0.13 A.F. Active Capacity: 0.13 A.F. Dead Storage: 0.0 A.F. In the six years preceding the filing of thisApplication, Applicant has diligently pursued development of the subject conditional water rights and the Applicant's otherconditional rights. Examples of work done to establish diligence include: Since the entry of the conditional decree, the Applicantbelieves she has constructed the facilities and placed the waters described herein to beneficial use. (5 pages)


15. 01CW80 (94CW286) Eagle County, Eagle River, Colorado River, App. to Make Absolute Conditional Water Rightsand/or for Finding of Reasonable Diligence, William Powell, c/o Caloia & Houpt, P.C., 1204 Grand Avenue, Glenwood Springs, CO81602, (970) 945-6067. Structure: Rochford Pond. Original decree: 5/7/1984 in 83CW209. Location: Tract 47, Sec. 5, T5S, R84W, 6thP.M., at a point whence Angle Point 4 of said Tract 47 bears South 4°0' East a distance of 1038.0 feet. Source: Springs trib. to the EagleRiver. Appropriation: 8/31/ 1960. Amount: 2.9 acre-feet. Use: Domestic, fire protection, irrigation, fish propagation, livestockpurposes, augmentation and exchange. A detailed outline of what has been done toward completion of the appropriation andapplication of water to a beneficial use as conditionally decreed, including expenditures is included in the Application. (4 pages)

16. 01CW81 ( WILL NOT BE PUBLISHED IN THIS RESUME)

17. 01CW82 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1. Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3. Type of application: Application forsurface water rights 4. Name of structure: Turkey Spring, Ben Good Spring No. 1, Ben Good Spring No. 2, SWP Spring No. 1,NOSR Spring No. 2, NOSR Spring No. 1 and Elk Trail Spring 5. Location: All in T5S R94W, Sixth P.M.: Turkey Spring: SE/4 NE/4SE/4, Section 20, 1800 feet north of the south section line and 400 feet west of the east section line; Ben Good Spring No. 1: SE/4NW/4 NE/4, Section 30, 1300 feet south of the north section line and 1650 feet west of the east section line; Ben Good Spring No. 2:SW/4 SE/4 NE/4, Section 30, 2000 feet south of the north section line and 1050 feet west of the east section line; SWP Spring No. 1:NW/4 NE/4 SW/4, Section 30, 2100 feet north of the south section line and 1500 feet east of the west section line; NOSR Spring No.2: NW/4 NE/4 NE/4, Section 29, 600 feet south of the north section line and 800 feet west of the east section line; NOSR Spring No.1: NW/4 NW/4 NE/4, Section 29, 550 feet south of the north section line and 2050 feet west of the east section line; Elk Trail Spring:SW/4 NW/4 SE/4, Section 29, 1700 feet north of the south section line and 2600 feet west of the east section line. 6. Source: TurkeySpring: Raspberry Creek/Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/ParachuteCreek/Colorado River. Ben Good Spring No.1: Ben Good Creek/East Fork Parachute Creek/Parachute Creek/Colorado River. BenGood Spring No. 2: Ben Good Creek/East Fork Parachute Creek/Parachute Creek/Colorado River. SWP Spring No. 1: SallyGooden/Ben Good Creek/East Fork Parachute Creek/East Fork Parachute Creek/Colorado River. NOSR Spring No. 2: YellowjacketCreek/Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Colorado River. NOSR Spring No. 1:Yellowjacket Creek/Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/ColoradoRiver. Elk Trail Spring: Camp Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. 7.Quantity: Turkey Spring 0.0089cfs, absolute; Ben Good Spring No. 1 0.0089 cfs, absolute; Ben Good Spring No.2 0.0089 cfs, absolute; SWP Spring No.1 0.0045 cfs,absolute; NOSR Spring No.2 0.0067 cfs, absolute; NOSR Spring No. 1 0.0067 cfs, absolute and Elk Trail Spring 0.0089 cfs, absolute8. Appropriation date: 06/28/1934 9. Type of use: Livestock watering and wildlife use 10. Type of structure: Spring (5 pages)

18. 01CW83 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2.Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3.Type of application: Application forsurface water rights 4. Name of structure: Myles Spring, SF Spring, Logan Spring, Anvil Point Spring and Sarah Spring 5. Location:Myles Spring: NE/4 SW/4 SW/4, Section 1, T6S R95W, Sixth P.M., 750 feet north of the south section line and 125 feet east of thewest section line. SF Spring: SE/4 SW/4 SW/4, Section 1, T6S R95W, Sixth P.M., 450 feet north of the south section line and 650 feeteast of the west section line. Logan Spring: SE/4 NW/4 SW/4, Section 1, T6S R95W, Sixth P.M., 1300 feet north of the south sectionline and 700 feet east of the west section line. Anvil Point Spring: NW/4 NW/4 SE/4 (lot 13), Section 1, T6S R95W, Sixth P.M., 2450feet north of the south section line and 2350 feet west of the east section line. Sarah Spring: SW/4 SE/4 NW/4 (Lot 14), Section 1, T6SR95W, Sixth P.M., 2700 feet north of the south section line and 1400 feet east of the west section line. 6. Source: First AnvilCreek/East Fork Parachute Creek/Parachute Creek/Colorado River. 7. Quantity: Myles Spring 0.0134 cfs, absolute; SF Spring 0.0033cfs, absolute; Logan Spring 0.0045 cfs, absolute; Anvil Point Spring 0.0223 cfs, absolute and Sarah Spring 0.0022 cfs, absolute 8.Appropriation date: 06/28/1934 9.Type of use: Livestock watering and wildlife use 10. Type of structure: Spring (6 pages)

19. 01CW84 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3. Type of application: Application forsurface water rights 4. Name of structure: Mother Hen Spring, REM Spring, RM Spring, Two Buck Spring and Bugle Spring 5.Location: All in T5S R94W, Sixth P.M.: Mother Hen Spring: SE/4 SE/4 SW/4, Section 28, 650 feet north of the south section lineand 2100 feet east of the west section line; REM Spring: NE/4 SW/4 NE/4, Section 28, 1350 feet south of the north section line and


1500 feet west of the east section line; RM Spring: SE/4 NW/4 NW/4, Section 27, 700 feet south of the north section line and 900 feeteast of the west section line; Two Buck Spring: SE/4 SE/4 NW/4, Section 28, 2650 feet north of the south section line and 2000 feeteast of the west section line; and Bugle Spring: NE/4 NW/4 SW/4, Section 27, 2300 feet north of the south section line and 850 feeteast of the west section line. 6. Source: Mother Hen Spring: Unnamed tributary to Third Water Gulch/East Fork ParachuteCreek/Parachute Creek/Colorado River. REM Spring: Third Water Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River.RM Spring: Second Water Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. Two Buck Spring: Third WaterGulch/East Fork Parachute Creek/Parachute Creek/Colorado River. Bugle Spring: Second Water Gulch/East Fork ParachuteCreek/Parachute Creek/Colorado River. 7.Quantity: Mother Hen Spring 0.0011 cfs, absolute; REM Spring 0.025 cfs, absolute; RMSpring 0.0022 cfs, absolute; Two Buck Spring 0.0033 cfs, absolute and Bugle Spring 0.0011 cfs, absolute 8. Appropriation date:06/28/1934 9. Type of use: Livestock watering and wildlife use 10. Type of structure: Spring (5 pages)

20. 01CW85 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1. Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, -CO 81602. (970) 947-2800. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3. Type of application: Application forsurface water rights 4. Name of structure or plan: Lower Timber Spring, East Camp Gulch Spring, Yogi Spring and Wallow Spring5. Location: Lower Timber Spring: SE/4 NE/4 NE/4, Section 32, T5S R94W, Sixth P.M., 700 feet south of the north section line and100 feet west of the east section line. East Camp Gulch Spring: NW/4 NW/4 NE/4, Section 32, T5S R94W, Sixth P.M., 500 feet southof the north section line and 2450 feet west of the east section line. Yogi Spring: NW/4 SE/4 NW/4, Section 32, T5S R94W, SixthP.M., 1800 feet south of the north section line and 1400 feet east of the west section line. Wallow Spring: SE/4 SW/4 SW/4, Section29, T5S R94W, Sixth P.M., 300 feet north of the south section line and 950 feet east of the west section line. 6. Source: LowerTimber Spring: Timber Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. East Camp Gulch Spring: CampGulch/East Fork Parachute Creek/Parachute Creek/Colorado River. Yogi Spring: Camp Gulch/East Fork Parachute Creek/ParachuteCreek/Colorado River. Wallow Spring: Camp Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. 7.Quantity: LowerTimber Spring 0.0003 cfs, absolute; East Camp Gulch Spring 0.0089 cfs, absolute; Yogi Spring 0.0111 cfs, absolute and WallowSpring 0.0006 cfs, absolute 8. Appropriation date: 06/28/1934 9. Type of use: Livestock watering and wildlife use 10. Type ofstructure: Spring (5 pages)

21. 01CW86 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2.Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3.Type of application: Application forsurface water rights 4. Name of structure or plan: 5x5 Spring, Bull Gulch Spring #1, NWP Spring #1 and Bee Spring 5. Location:5x5 Spring: NW/4 NW/4 SE/4, Section 36, T5S R95W, Sixth P.M., 3150 feet south of the north section line and 2650 feet east of thewest section line. Bull Gulch Spring #1: SE/4 NW/4 NE/4, Section 36, T5S R95W, Sixth P.M., 750 feet south of the north section lineand 1700 feet west of the east section line. NWP Spring #1: SE/4 SW/4 NW/4, Section 14, T5S R95W, Sixth P.M., 2050 feet south ofthe north section line and 1250 feet east of the west section line. Bee Spring: SE/4 NE/4 SW/4, Section 13, T5S R95W, Sixth P.M.,1850 feet north of the south section line and 2350 feet east of the west section line. 6. Source: 5x5 Spring: Bull Gulch/East ForkParachute Creek/Parachute Creek/Colorado River. Bull Gulch Spring #1: Bull Gulch/East Fork Parachute Creek/ParachuteCreek/Colorado River. NWP Spring #1: Unnamed tributary to Trapper Creek/East Middle Fork Parachute Creek/Middle ForkParachute Creek/Parachute Creek/Colorado River. Bee Spring: Buck Gulch/Northwater Creek/East Middle Fork ParachuteCreek/Middle Fork Parachute Creek/Parachute Creek/Colorado River 7.Quantity: 5x5 Spring 0.0078 cfs, absolute; Bull Gulch Spring#1 0.0223 cfs, absolute; NWP Spring #1 0.0045 cfs, absolute and Bee Spring 0.0011 cfs, absolute 8.Appropriation date:06/28/19349.Type of use: Livestock watering and wildlife use 10.Type of structure: Spring (6 pages)

22. 01CW87 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3. Type of application: Application forsurface water rights 4. Name of structure: AJ Spring, Silt Spring, KR Spring, Mano Spring and Buffalo Spring 5. Location: AJSpring: SW/4 SW/4 NE/4, Section 35, T5S R94W, Sixth P.M., 2250 feet south of the north section line and 2150 feet west of the eastsection line. Silt Spring: NW/4 NE/4 NE/4, Section 35, T5S R94W, Sixth P.M., 350 feet south of the north section line and 1150 feetwest of the east section line. KR Spring: NE/4 SW/4 SE/4, Section 26, T5S R94W, Sixth P.M., 1050 feet north of the south sectionline and 1900 feet west of the east section line. Mano Spring: NW/4 SW/4 SW/4, Section 25, T5S R94W, Sixth P.M., 750 feet northof the south section line and 50 feet east of the west section line. Buffalo Spring: NW/4 NW/4 NW/4, Section 36, T5S R94W, SixthP.M., 300 feet south of the north section line and 50 feet east of the west section line. 6. Source: AJ Spring: Unnamed tributary toGolden Castle Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. Silt Spring: Unnamed tributary to Golden Castle


Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. KR Spring: Golden Castle Gulch/East Fork ParachuteCreek/Parachute Creek/Colorado River. Mano Spring: Unnamed tributary to Golden Castle Gulch/East Fork ParachuteCreek/Parachute Creek/Colorado River. Buffalo Spring: Golden Castle Gulch/East Fork Parachute Creek/Parachute Creek/ColoradoRiver. 7.Quantity: AJ Spring 0.0022 cfs, absolute; Silt Spring 0.0022 cfs, absolute; KR Spring 0.0045 cfs, absolute; Mano Spring0.0033 cfs, absolute and Buffalo Spring 0.0056 cfs, absolute 8. Appropriation date: 06/28/1934 9. Type of use: Livestock wateringand wildlife use 10. Type of structure: Spring (5 pages)

23. 01CW88 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1. Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3. Type of application: Application forsurface water rights 4. Name of structure or plan: Box Spring and Second Anvil Spring #1 5. Location: Box Spring: NW/4 SE/4SW/4 (Lot 10), Section 6, T6S R94W, Sixth P.M., 900 feet north of the south section line and 1000 feet east of the west section line.Second Anvil Spring #1: SW/4 SW/4 SW/4, Section 35, T5S R94W, Sixth P.M., 10 feet north of the south section line and 250 feeteast of the west section line. 6. Source: Box Spring: Unnamed tributary to First Anvil Creek/East Fork Parachute Creek/ParachuteCreek/Colorado River. Second Anvil Spring #1: Second Anvil Creek/East Fork Parachute Creek/Parachute Creek/Colorado River7.Quantity: Box Spring 0.0134 cfs, absolute and Second Anvil Spring #1 0.0045 cfs, absolute 8.Appropriation date: 06/28/19349.Type of use: Livestock watering and wildlife use 10. Type of structure: Spring (4 pages)

24. 01CW89 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3.Type of application: Application forsurface water rights 4.Name of structure or plan: Bull Wallow Spring, Little Tichner Spring, Tichner Spring, Three Tank Spring No.2, BC Spring and South Cook Spring No.3 5. Location: All in T5S R94W, Sixth P.M.: Bull Wallow Spring: NE/4 SW/4 NW/4,Section 15, 1500 feet south of the north section line and 1200 feet east of the west section line; Little Tichner Spring: SW/4 NE/4SE/4, Section 9, 3450 feet south of the north section line and 1250 feet west of the east section line; Tichner Spring: SE/4 SE/4 SE/4,Section 9, 400 feet north of the south section line and 650 feet west of the east section line; Three Tank Spring No. 2: NE/4 SW/4SE/4, Section 9, 1100 feet north of the south section line and 1400 feet west of the east section line; BC Spring: NE/4 NE/4 NW/4,Section 17, 15 feet south of the north section line and 2550 feet east of the west section line; and South Cook Spring No. 3: SE/4 SW/4NW/4, Section 17, 2000 feet south of the north section line and 750 feet east of the west section line. 6. Source: Bull Wallow Spring:Unnamed tributary to Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/ColoradoRiver. Little Tichner Spring: Unnamed tributary to Tichner Draw/Northwater Creek/East Middle Fork Parachute Creek/Middle ForkParachute Creek/Parachute Creek/Colorado River. Tichner Spring: Tichner Draw/Northwater Creek/East Middle Fork ParachuteCreek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. Three Tank Spring No. 2: Unnamed tributary to TichnerDraw/Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. BCSpring: Unnamed tributary to Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/ParachuteCreek/Colorado River. South Cook Spring No. 3: Unnamed tributary to Northwater Creek/East Middle Fork Parachute Creek/MiddleFork Parachute Creek/Parachute Creek/Colorado River. 7. Quantity: Bull Wallow Spring 0.0045 cfs, absolute; Little Tichner Spring0.0045 cfs, absolute; Tichner Spring 0.0011 cfs, absolute; Three Tank Spring No. 2 0.0017 cfs, absolute; BC Spring 0.0134 cfs,absolute and South Cook Spring No. 3 0.0045 cfs, absolute. 8.Appropriation date: 06/28/1934 9.Type of use: Livestock wateringand wildlife use 10.Type of structure: Spring (6 pages)

25. 01CW90 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3.Type of application: Application forsurface water rights 4.Name of structure or plan: Gabby Spring, MF Spring, Muley Spring, Doe Spring, Beef Spring, 3-Point Spring,JQS Gulch Spring and Stock Spring. 5. Location: All in T5S R94W, Sixth P.M.: Gabby Spring: SE/4 SE/4 SE/4, Section 23, 300 feetnorth of the south section line and 125 feet west of the east section line; MF Spring: SE/4 NW/4 NE/4, Section 26, 1150 feet south ofthe north section line and 1700 feet west of the east section line; Muley Spring: SE/4 SW/4 SW/4, Section 24, 100 feet north of thesouth section line and 1200 feet east of the west section line; Doe Spring: SE/4 NW/4 NW/4, Section 25, 1200 feet south of the northsection line and 900 feet east of the west section line; Beef Spring: NE/4 SW/4 SW/4, Section 24, 900 feet north of the south sectionline and 950 feet east of the west section line; 3-Point Spring: NW/4 NW/4 SW/4, Section 24, 2500 feet north of the south section lineand 250 feet east of the west section line; JQS Gulch Spring: NW/4 NW/4 SW/4, Section 24, 2350 feet north of the south section lineand 50 feet east of the west section line; Stock Spring: SE/4 NW/4 NE/4, Section 23, 1250 feet south of the north section line and1450 feet west of the east section line. 6. Source: Gabby Spring: JQS Gulch/East Fork Parachute Creek/Parachute Creek/Colorado


River. MF Spring: Unnamed tributary to East Fork Parachute Creek/Parachute Creek/Colorado River. Muley Spring: Unnamedtributary to JQS Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. Doe Spring: Unnamed tributary to JQSGulch/East Fork Parachute Creek/Parachute Creek/Colorado River. Beef Spring: JQS Gulch/East Fork Parachute Creek/ParachuteCreek/Colorado River. 3-Point Spring: JQS Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. JQS Gulch Spring:JQS Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. Stock Spring: JQS Gulch/East Fork ParachuteCreek/Parachute Creek/Colorado River. 7. Quantity: Gabby Spring 0.0011 cfs, absolute; MF Spring 0.0017 cfs, absolute; MuleySpring 0.0067 cfs, absolute; Doe Spring 0.0045 cfs, absolute; Beef Spring 0.0011 cfs, absolute; 3-Point Spring 0.0045 cfs, absolute;JQS Gulch Spring 0.0006 cfs, absolute and Stock Spring 0.0067 cfs, absolute 8. Appropriation date: 06/28/1934 9.Type of use:Livestock watering and wildlife use 10. Type of structure: Spring (5 pages)

26. 01CW91 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, -CO 81602. (970) 947-2800. 2.Attorney’s name, address ,and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3.Type of application: Application forsurface water rights 4.Name of structure or plan: Georgia Spring, Hubert Spring and Edgeley Spring 5. Location: Georgia Spring:SE/4 NW/4 SW/4, Section 3, T5S R94W, Sixth P.M., 1800 feet north of the south section line and 850 feet east of the west sectionline. Hubert Spring: SW/4 NW/4 SW/4, Section 9, T5S R94W, Sixth P.M., 3550 feet south of the north section line and 400 feet eastof the west section line. Edgeley Spring: SE/4 NW/4 SW/4, Section 9, T5S R94W, Sixth P.M., 3550 feet south of the north sectionline and 1000 feet east of the west section line. 6.Source: Georgia Spring: Unnamed tributary to Trapper Creek/East Middle ForkParachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. Hubert Spring: Unnamed tributary to NorthwaterCreek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. Edgeley Spring: Unnamedtributary to Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River7.Quantity: Georgia Spring 0.0011 cfs, absolute; Hubert Spring 0.0089 cfs, absolute and Edgeley Spring 0.0089 cfs, absolute 8.Appropriation date: 06/28/1934 9.Type of use: Livestock watering and wildlife use 10.Type of structure: Spring (6 pages)

27. 01CW92 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1. Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, -CO 81602. (970) 947-2800. 2. Attorney’s name, address ,and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3. Type of application: Application forsurface water rights 4. Name of structure or plan: Lindauer Spring and South Cook Spring #2 5. Location: Lindauer Spring: SW/4SE/4 SE/4, Section 18, T5S R94W, Sixth P.M., 50 feet north of the south section line and 950 feet west of the east section line. SouthCook Spring #2: SE/4 SE/4 NW/4, Section 18, T5S R94W, Sixth P.M., 2500 feet south of the north section line and 2600 feet east ofthe west section line. 6. Source: Lindauer Spring: Northwater Creek/East Middle Fork Parachute Creek/Middle Fork ParachuteCreek/Parachute Creek/Colorado River. South Cook Spring #2: Unnamed Tributary to Northwater Creek/East Middle Fork ParachuteCreek/Middle Fork Parachute Creek/Parachute Creek/Colorado River 7.Quantity: Lindauer Spring 0.0111 cfs, absolute and SouthCook Spring #2 0.0033 cfs, absolute 8.Appropriation date: 06/28/1934 9.Type of use: Livestock watering and wildlife use 10. Typeof structure: Spring (4 pages)

28. 01CW93 (94CW229) RIO BLANCO COUNTY - WHITE RIVER. Blue Mountain Energy, Inc.; c/o Deborah L. Freeman,Esq., Trout & Raley, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203 (303) 861-1963. Application for Finding ofReasonable Diligence. Name of structures: Moon Lake - Staley Mine Pipeline and Reservoir, and Enlargement of Moon Lake - StaleyMine Pipeline and Reservoir. Description of conditional water rights: A. Moon Lake - Staley Mine Pipeline and Reservoir. Date oforiginal Decree: November 21, 1966, Civil Action No. 1269, Rio Blanco County District Court. Location: The originally decreedpoint of diversion is located on the West bank of the White River at a point whence Corner No. 6 of P.D.S. No. 3015 in Section 11, T.2 N., R. 101 W. of the 6th P.M. bears S. 30°46' E. a distance of 1975.47 feet. In Case No. 91CW036, the point of diversion for 0.2cubic feet of water per second of time (cfs) under this water right was changed to the Deserado Surface Mine Pump located in theNE1/4 SW1/4 of Sec. 11, T. 2 N., R. 101 W. of the 6th P.M. at a point 2098 feet North of the South Section line and 2600 feet East ofthe West Section line of said Section 11 (Rio Blanco County). Source: White River. Appropriation date: November 14, 1961.Amount: 125.2 cfs, of which 0.2 cfs is consumptive in nature and was made absolute in Case No. 94CW229. 125.0 cfs remainsconditional and is the subject of this diligence application. Use: The subject water right was originally decreed for the generation ofelectric power and industrial uses. In Case No. 91CW036, the uses for the 0.2 cfs consumptive use portion of this water right werechanged to include all industrial and mining purposes at the Deserado Mine, including but not limited to milling, dust suppression andfire control, which uses are also completely consumptive in nature. B. Enlargement of Moon Lake - Staley Mine Pipeline andReservoir. Date of original Decree: November 21, 1966, Civil Action No. 1269, Rio Blanco County District Court. Location: Theoriginally decreed point of diversion is located on the West bank of the White River at a point whence Corner No. 6 of P.D.S. No.3015 in Section 11, T. 2 N., R. 101 W. of the 6th P.M. bears S. 30°46' E. a distance of 1975.47 feet. In Case No. 91CW036, the pointof diversion for 0.1 cfs under this water right was changed to the Deserado Surface Mine Pump located in the NE1/4 SW1/4 of Sec.


11, T. 2 N., R. 101 W. of the 6th P.M. at a point 2098 feet North of the South Section line and 2600 feet East of the West Section lineof said Section 11 (Rio Blanco County). Source: White River. Appropriation date: April 13, 1964. Amount: 55.1 cfs, of which 0.1cfs is consumptive in nature and was made absolute in Case No. 94CW229. 55.0 cfs remains conditional and is the subject of thisdiligence application. Use: The subject water right was originally decreed for the generation of electric power and industrial uses. InCase No. 91CW036, the uses for the 0.1 cfs consumptive use portion of this water right were changed to include all industrial andmining purposes at the Deserado Mine, including but not limited to milling, dust suppression and fire control, which uses are alsocompletely consumptive in nature. Since the time of award of the above-described conditional water rights, at timely intervals asrequired by statute, Applicant has obtained findings of reasonable diligence with respect thereto continuing said water rights in fullforce and effect. The application contains a detailed outline of the work performed during the diligence period. (7 pages)

29. 01CW94 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2.Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3.Type of application: Application forsurface water rights 4. Name of structure: Cabin Draw Spring, Horse Pasture Spring, Blair Spring, Broncos Lost Spring, N.Northwater Spring, Twin Spring, Little Spruce Draw Spring, Clough Spring and Spruce Draw Spring 5. Location: All in T5S R94W,Sixth P.M.: Cabin Draw Spring: NW/4 NE/4 SW/4, Section 14, 2000 feet north of the south section line and 1700 feet east of the westsection line; Horse Pasture Spring: SW/4 NW/4 NE/4, Section 14,1050 feet south of the north section line and 2300 feet west of theeast section line; Blair Spring: NE/4 SE/4 SE/4, Section 15, 1150 feet north of the south section line and 50 feet west of the eastsection line; Broncos Lost Spring: SE/4 SE/4 NE/4, Section 15, 2350 feet south of the north section line and 150 feet west of the eastsection line; N. Northwater Spring: NW/4 SE/4 NE/4, Section 15, 1900 feet south of the north section line and 1300 feet west of theeast section line; Twin Spring: SW/4 SE/4 SW/4, Section 15, 600 feet north of the south section line and 1650 feet east of the westsection line; Little Spruce Draw Spring: SE/4 SE/4 SW/4, Section 15, 400 feet north of the south section line and 2050 feet east of thewest section line; Clough Spring: SE/4 NE/4 NE/4, Section 21, 1100 feet south of the north section line and 300 feet west of the eastsection line; Spruce Draw Spring: SE/4 SW/4 NW/4, Section 22, 2450 feet south of the north section line and 1150 feet east of thewest section line. 6.Source: Cabin Draw Spring: Cabin Draw/Northwater Creek/East Middle Fork Parachute Creek/Middle ForkParachute Creek/Parachute Creek/Colorado River. Horse Pasture Spring: Unnamed tributary to Northwater Creek/East Middle ForkParachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. Blair Spring: Unnamed tributary to NorthwaterCreek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. Broncos Lost Spring:Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. N. NorthwaterSpring: Unnamed tributary to Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/ParachuteCreek/Colorado River. Twin Spring: Spruce Draw/Northwater Creek/East Middle Fork Parachute Creek/Middle Fork ParachuteCreek/Parachute Creek/Colorado River. Little Spruce Draw Spring: Little Spruce Draw/Northwater Creek/East Middle Fork ParachuteCreek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. Clough Spring: Unnamed tributary to Northwater Creek/EastMiddle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. Spruce Draw Spring: SpruceDraw/Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River.7.Quantity: Cabin Draw Spring 0.0045 cfs, absolute; Horse Pasture Spring 0.0089 cfs, absolute; Blair Spring 0.0056 cfs, absolute;Broncos Lost Spring 0.0033 cfs, absolute; N. Northwater Spring 0.0056 cfs, absolute; Twin Spring 0.0022 cfs, absolute; Little SpruceDraw Spring 0.0056 cfs, absolute; Clough Spring 0.010 cfs, absolute and Spruce Draw Spring 0.0089 cfs, absolute. 8.Appropriationdate: 06/28/1934 9. Type of use: Livestock watering and wildlife use. 10. Type of structure: Spring (6 pages)

30. 01CW95 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2.Attorney’s name, address, and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3.Type of application: Application forsurface water rights 4. Name of structure: Spike Spring, Steele Spring, Boo Boo Spring and Track Spring 5. Location: Spike Spring:NW/4 NE/4 NW/4 (Lot 8), Section 11, T6S R95W, Sixth P.M., 350 feet south of the north section line and 1500 feet east of the westsection line. Steele Spring: SE/4 SE/4 SE/4, Section 3, T6S R95W, Sixth P.M., 100 feet north of the south section line and 400 feetwest of the east section line. Boo Boo Spring: SW/4 NW/4 SW/4, Section 32, T5S R94W, Sixth P.M., 1400 feet north of the southsection line and 100 feet east of the west section line. Track Spring: SE/4 NE/4 SE/4, Section 31, T5S R94W, Sixth P.M., 1500 feetnorth of the south section line and 300 feet west of the east section line. 6. Source: Spike Spring: Unnamed tributary to First AnvilCreek/East Fork Parachute Creek/Parachute Creek/Colorado River. Steele Spring: Unnamed tributary to First Anvil Creek/East ForkParachute Creek/Parachute Creek/Colorado River. Boo Boo Spring: Camp Gulch/East Fork Parachute Creek/ParachuteCreek/Colorado River. Track Spring: Camp Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River 7.Quantity: SpikeSpring 0.0033 cfs, absolute; Steele Spring 0.0033 cfs, absolute; Boo Boo Spring 0.0006 cfs, absolute and Track Spring 0.0022 cfs,absolute 8. Appropriation date: 06/28/1934 9.Type of use: Livestock watering and wildlife use 10.Type of structure: Spring (5pages)


31. 01CW96 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3. Type of application: Application forsurface water rights 4. Name of structure: Jeep Trail Spring, Jeep Trail Spring No. 2, Chicken Spring, F&G Springs, Sheep TrailSpring and Trail Spring 5. Location: All in T6S R95W, Sixth P.M.: Jeep Trail Spring: NE/4 NW/4 SE/4, Section 6, 2350 feet north ofthe south section line and 1400 feet west of the east section line; Jeep Trail Spring #2: SW/4 NW/4 SE/4, Section 6, 1700 feet north ofthe south section line and 2300 feet west of the east section line; Chicken Spring: NW/4 SW/4 NE/4 (Lot 11), Section 5, 2250 feetsouth of the north section line and 2600 feet west of the east section line; F&G Spring: SE/4 NW/4 SE/4, Section 6, 1300 feet north ofthe south section line and 1700 feet west of the east section line; Sheep Trail Spring: NE/4 SW/4 SW/4, Section 4, 1100 feet north ofthe south section line and 2400 feet east of the west section line; Trail Spring: NW/4 NE/4 NE/4 (Lot 2), Section 8, 400 feet south ofthe north section line and 1200 feet west of the east section line. 6. Source: Jeep Trail Spring: Forked Gulch/ParachuteCreek/Colorado River. Jeep Trail Spring No. 2: Forked Gulch/Parachute Creek/Colorado River. Chicken Spring: Chicken Gulch/EastFork Parachute Creek/Parachute Creek/Colorado River. F&G Springs: Forked Gulch/Parachute Creek/Colorado River. Sheep TrailSpring: Sheep Trail Hollow/East Fork Parachute Creek/Parachute Creek/Colorado River. Trail Spring: Trail Gulch/East ForkParachute Creek/Parachute Creek/Colorado River. 7. Quantity: Jeep Trail Spring 0.0022 cfs, absolute; Jeep Trail Spring No.20.0056 cfs, absolute; Chicken Spring 0.0089 cfs, absolute; F&G Springs 0.0033 cfs, absolute; Sheep Trail Spring 0.0011 cfs, absoluteand Trail Spring 0.0056 cfs, absolute 8. Appropriation date: 06/28/1934 9. Type of use: Livestock watering and wildlife use 10.Type of structure: Spring (5 pages)

32. 01CW97 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2. Attorney’s name, address ,and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3. Type of application: Application forsurface water rights 4. Name of structure or plan: Sippy Spring and JQS Trail Spring 5. Location: Sippy Spring: NW/4 SW/4 NW/4,Section 35, T5S R94W, Sixth P.M., approximately 1500 feet south of the north section line and 250 feet east of the west section line.JQS Trail Spring: NW/4 SW/4 NW/4, Section 29, T5S R93W, Sixth P.M., approximately 1500 feet south of the north section line and600 feet east of the west section line. 6.Source: Sippy Spring: Unnamed tributary to East Fork Parachute Creek/ParachuteCreek/Colorado River. JQS Trail Spring: Unnamed tributary to Thirty-two Mile Gulch/Government Creek/Colorado River7.Quantity: Sippy Spring 0.0006 cfs, absolute and JQS Trail Spring 0.0229 cfs, absolute 8.Appropriation date: 06/28/1934 9.Typeof use: Livestock watering and wildlife use 10. Type of structure: Spring (5 pages)

33. 01CW98 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3.Type of application: Application forsurface water rights 4. Name of structure: Raspberry Spring, Wallow Spring #2, Elderberry Spring and Ruth Ellen Spring 5.Location: All in T5S R94W, Sixth P.M.: Raspberry Spring: SW/4 NE/4 SE/4, Section 21, 1550 feet north of the south section line and1200 feet west of the east section line; Wallow Spring #2: NW/4 NW/4 SE/4, Section 21, 2350 feet north of the south section line and2400 feet west of the east section line; Elderberry Spring: SE/4 NW/4 SW/4, Section 21, 1300 feet north of the south section line and1050 feet east of the west section line; Ruth Ellen Spring: SE/4 NE/4 NW/4, Section 28, 1250 feet south of the north section line and2500 feet east of the west section line. 6. Source: Raspberry Spring: Raspberry Creek/Northwater Creek/East Middle Fork ParachuteCreek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. Wallow Spring #2: Raspberry Creek/Northwater Creek/EastMiddle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. Elderberry Spring: RaspberryCreek/Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River. RuthEllen Spring: Third Water Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. 7.Quantity: Raspberry Spring 0.0067cfs, absolute; Wallow Spring #2 0.0033 cfs, absolute; Elderberry Spring 0.0078 cfs, absolute and Ruth Ellen Spring 0.0111 cfs,absolute 8. Appropriation date: 06/28/1934 9. Type of use: Livestock watering and wildlife use 10. Type of structure: Spring (5pages)

34. 01CW99 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5 1.Name, address and phone numberof applicant: United States of America, Bureau of Land Management, Glenwood Springs Resource Area, P.O. Box 1009, GlenwoodSprings, CO 81602. (970) 947-2800. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Asst. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3. Type of application: Application forsurface water rights 4. Name of structure: Jen Spring, Blue Cabin Spring No. 2, Long Ridge Spring, First Water Spring, SummerSpring and Bella Spring 5. Location: All in T5S R94W, Sixth P.M.: Jen Spring: NE/4 NE/4 SE/4, Section 23, 2600 feet north of the


south section line and 300 feet west of the east section line; Blue Cabin Spring No. 2: SW/4 SW/4 SW/4, Section 23, 500 feet north ofthe south section line and 500 feet east of the west section line; Long Ridge Spring: NE/4 NW/4 NW/4, Section 23, 300 feet south ofthe north section line and 1100 feet east of the west section line; First Water Spring: SW/4 NE/4 NE/4, Section 27, 900 feet south ofthe north section line and 1300 feet west of the east section line; Summer Spring: NW/4 SE/4 NE/4, Section 22, 1750 feet south of thenorth section line and 700 feet west of the east section line; Bella Spring: NE/4 SW/4 NE/4, Section 22, 1350 feet south of the northsection line and 1900 feet west of the east section line. 6. Source: Jen Spring: JQS Gulch/East Fork Parachute Creek/ParachuteCreek/Colorado River. Blue Cabin Spring No. 2: Blue Cabin Draw/East Fork Parachute Creek/Parachute Creek/Colorado River. LongRidge Spring: Unnamed tributary to Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/ParachuteCreek/Colorado River. First Water Spring: First Water Gulch/East Fork Parachute Creek/Parachute Creek/Colorado River. SummerSpring: Unnamed tributary to Northwater Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/ParachuteCreek/Colorado River. Bella Spring: Unnamed tributary to Northwater Creek/East Middle Fork Parachute Creek/Middle ForkParachute Creek/Parachute Creek/Colorado River. 7.Quantity: Jen Spring 0.0223 cfs, absolute; Blue Cabin Spring No. 2 0.0006 cfs,absolute; Long Ridge Spring 0.0022 cfs, absolute; First Water Spring 0.0223 cfs, absolute; Summer Spring 0.0045 cfs, absolute andBella Spring 0.0022 cfs, absolute 8. Appropriation date: 06/28/1934 9. Type of use: Livestock watering and wildlife use 10. Typeof structure: Spring (5 pages)

35. 01CW100 ( WILL NOT BE PUBLISHED IN THIS RESUME)

36. 01CW101 (79CW16) GRAND COUNTY – SILVER CREEK TRIBUTARY TO THE FRASER RIVER. TabernashVillage, Inc.; c/o Jack Randall, 2380 Lions Lane, P.O. Box 340; Tabernash, CO 80478-0340 (970) 726-1800. Tabernash VillageReservoir No. 1 – Application for Finding of Reasonable Diligence. Location: Sec. 2, T1S., R. 76W., 6th P.M., at a point 100 ft. southof the north line and 2300 ft. west of the east line. Appropriation: January 1, 1979. Amount: 09.4 af, conditional. Use: municipal andcommercial. (2 pages)

37. 01CW102 Eagle County; West Lake Creek, Lake Creek, Eagle and Colorado Rivers. Pilgrim Downs HomeownersAssociation c/o Leavenworth & Karp, P.C., P. O. Drawer 2030, Glenwood Springs, CO 81602. Application to Make Absolute aConditional Water Right and Application for Finding of Reasonable Diligence. Application to Make Absolute: Name of structures:Pilgrim Ranch Well Nos. A, H, K, N, S, T, U, V, X and Y and Pilgrim Ranch Pond Nos. 17, 18, 19 and 20. Locations: All structuresare located in Township 5 South, Range 82 West, 6th PM. Well A is located 2,520 feet south of the north Section line and 2,600 feeteast of the west Section line of Section 19. Well H is located 3,008 feet south of the north Section line and 880 feet east of the westSection line of Section 19. Well K is located 1,860 feet south of the north Section line and 290 feet east of the west Section line ofSection 19. Well N is located 1,060 feet south of the north Section line and 315 feet east of the west Section line of Section 19. Well Sis located 700 feet north of the south Section line and 860 feet east of the west Section line of Section 18. On July 17, 2000, in CaseNo. 99CW233, the decreed location of the Pilgrim Ranch Well No. S was changed to its actual location as follows: Pilgrim RanchWell S is located at a point 802 feet from the West section line and 348 feet from the South section line of Section 18. Well No. T islocated at a point 3,200 feet south of the north section line and 750 feet east of the west section line, Section 19. Well No. U is locatedat a point 2,000 feet south of the north section line and 800 feet east of the west section line, Section 19. Well No. V is located at apoint 500 feet south of the north section line and 300 feet east of the west section line, Section 19. On July 19, 1999, in Case No.98CW183, the decreed location of the Pilgrim Ranch Well No. V was changed to its actual location as follows: The Pilgrim RanchWell No. V is located in the Northeast 1/4 of the Northeast 1/4 of Section 24, Township 5 South, Range 83 West of the 6th P.M., at apoint 340 feet from the North section line and 40 feet from the East section line of said Section 24. Well No. X is located at a point700 feet north of the south section line and 600 feet west of the east section line, Section 13. Well No. Y is located at a point 250 feetnorth of the south section line and 500 feet west of the east section line, Section 13. On December 29, 1998, in Case No. 97CW220,the decreed location of the Pilgrim Ranch Well No. Y was changed to the two following alternate points of diversion: Pilgrim RanchWell No. Y(1): A well located at a point 35 feet north of the south section line and 400 feet west of the east section line, Section 13,Township 5 South, Range 83 West of the 6th P.M. Pilgrim Ranch Well No. Y(2): A well located at a point 28 feet north of the southsection line and 400 feet west of the east section line, Section 13. Date of original decree: On April 20, 1982, in Consolidated CaseNos. 81CW60 and 80CW549, Pilgrim Ranch Well Nos. 1 through 12 were each awarded 25 g.p.m., conditional, for municipal,domestic, irrigation, stockwatering and fire protection purposes, with an appropriation date of December 22, 1980, for each well. OnOctober 17, 1983, in Case No. 83CW141, the points of diversion and quantities previously awarded to the Pilgrim Ranch Well Nos. 1through 12 were changed to the Pilgrim Ranch Well Nos. A through S. On November 1, 1998, in Case No. 87CW152, Pilgrim RanchWell Nos. T through Y were each awarded 15 g.p.m., conditional, for domestic use including lawn and garden irrigation for a single-family residence and a guest house and/or a caretaker unit. Source: The source for each well is groundwater tributary to West LakeCreek, tributary to Lake Creek and the Eagle and Colorado Rivers. Appropriation dates: Pilgrim Ranch Well Nos. A, H, K, N and S:December 22, 1980. Pilgrim Ranch Well Nos. T, U, V, X and Y: April 20, 1987. Amount: 15 g.p.m., conditional, for each well. Use:Pilgrim Ranch Well Nos. A, H, K, N and S: Municipal, domestic, irrigation, stockwatering and fire protection purposes. PilgrimRanch Well Nos. T, U, V, X and Y: Domestic use including lawn and garden irrigation for a single-family residence and a guesthouse


and/or a caretaker unit. Water applied to beneficial use: All of the following wells are being made absolute for 15 g.p.m., each, and arebeing used for ordinary household purposes inside one single-family dwelling and an associated guest house/caretaker unit, irrigationof not more than 3,000 square feel of lawns and gardens and watering of livestock (maximum 100 horses in subdivision) within thePilgrim Downs Subdivision. Well No. A: July 15, 1999 (Lot 1). Well No. H: June 1996 (Lot 17). Well No. K: April 15, 1999 (Lot10). Well No. N: July 7, 1999 (Lot 13). Well No. S: October 15, 1999 (Lot 15). Well No. T: June 1996 (Lot 18). Well No. U: March16, 1998 (Lot 19). Well No. V: June 28, 1999 (Lot 16). Well No. X: October 6, 1998 (Lot 2). Well Nos. Y(1) and Y(2): June 1, 1999(Lot 3). Application for Finding of Reasonable Diligence: Name of structures: Pilgrim Ranch Pond Nos. 17, 18, 19 and 20. Date oforiginal decree: November 15, 1998, in Case No. 87CW152, in the District Court in and for Water Division No. 5. Pond No. 17 islocated at a point 1,800 feet south of the north section line and 850 feet east of the west section line, Section 19, Township 5 South,Range 82 west of the 6th P.M. Pond No. 18 is located at a point 600 feet south of the north section line and 400 feet east of the westsection line, Section 19, Township 5 South, Range 82 West of the 6th P.M. Pond No. 19 is located at a point 1,100 feet south of thenorth section line and 1,600 feet east of the west section line, Section 19, Township 5 South, Range 82 West of the 6th P.M. Pond No.20 is located at a point 1,100 feet south of the north section line and 1,700 feet east of the west section line, Section 19, Township 5South, Range 82 West of the 6th P.M. Source: West Lake Creek, tributary to the Eagle River. Appropriation date: April 20, 1987, forall four ponds. Pond No. 17: 0.0110 acre feet. Pond No. 18: 0.0110 acre feet. Pond No. 19: 0.386 acre feet. Pond No. 20: 0.046 acrefeet. Use: Irrigation, fish and wildlife propagation, recreation and piscatorial uses. The application provides a detailed outline of whathas been done toward completion of the appropriation and application of water to beneficial use as conditionally decreed. (12 pages)

38. 01CW103 Gunnison County, Crystal River. David and Linda Adams, c/o Leavenworth & Karp, P.C., P.O. Drawer 2030,Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence. Name of structure: Chair Mountain Pond. Date oforiginal decree: 5/15/1989 in Case No. 88CW478 in the District Court in and for Water Div. 5. Location: The Chair Mountain Pond islocated in Sec. 7, T. 11 S., R. 88 W., 6th PM, at a point whence the SW corner of Sec. 7 bears S. 29?15' W. a distance of 2800 feet.Source: The Chair Mountain Pump and Pipeline diverting from the Crystal River. Appropriation date: 12/2/1988. Amount: .71 AF,absolute; .79 AF, conditional. Use: Domestic, irrigation, recreation, stock watering purposes, storage and subsequent application tobeneficial use, fish propagation, and aesthetic, together with the right to utilize releases from said pond for augmentation pursuant tothe augmentation plan decreed in Case No. 88CW478. The Application provides a detailed outline of what has been done towardcompletion of the appropriation and application of water to beneficial use as conditionally decreed. (3 pages)

39. 01CW104 Garfield County, Colorado River. City of Rifle, Colorado, c/o Leavenworth & Karp, P.C., P.O. Drawer 2030,Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence. Name of structure: Rifle Pipe Line. Date of originaldecree: 9/5/1952 in C.A. 4004, Garfield County District Court. The point of diversion, as decreed, is located on the N. bank of theColorado River at a point whence the NW Corner of the NE1/4 NW1/4 of Sec. 15, T. 6 W., R. 93 W., 6th PM bears N. 04N 15' E.1553.2 feet. In Case No. W-3388, the City of Rifle was granted a change in point of diversion for the Rifle Pipe Line. The new pointof diversion is located on the North bank of the Colorado River at a point whence the NE Corner of Sec. 15, T. 6 S., R. 93 W., 6th PMbears N. 48N48'52" E. 2132.13 feet. Source: The source of water is the Colorado River. Appropriation date: 2/5/1949. Amount: 7.5c.f.s., absolute, and 7.5 c.f.s., conditional. Use: Domestic, fire protection and general municipal purposes. The Application provides adetailed outline of what has been done towards the development of this conditional water right. (4 pages)

40. 01CW105 Garfield County; Four Mile Creek, Colorado River. Kathy Harris c/o Leavenworth & Karp, P.C., P.O. Drawer2030, Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence. Name of structure: Moochie Spring. Date oforiginal decree: 11/7/988 in Case No. 88CW252 in the District Court in and for Water Div. 5. The point of diversion is in the SE 1/4NW 1/4 of Sec. 9, T. 7 S., R. 89 W., 6th PM, at a point 2350 feet S. of the N. line and 2600 feet E. of the W. line of Sec. 9. Source: Aspring tributary to Four Mile Creek tributary to the Colorado River. Appropriation date: 7/2/1987. Amount: 0.011 cfs (5 gpm)conditional. Use: Domestic, livestock watering, fire protection an irrigation of 1.0 acre of lawn and garden. The Application providesa detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use asconditionally decreed. (4 pages)

41. 01CW106 Garfield County; Cattle Creek, Roaring Fork River. Carbondale Land Development Corporation, c/oLeavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81601. Application to Make Absolute a Conditional WaterRight and Application for Finding of Reasonable Diligence. Name of structures: CLDC Well Nos. 2, 3, 7, 9, 10, 11, 12, 13 and 14.Locations: All wells are located in Township 7 South, Range 88 West, 6th PM: Well No. 2 is located in the SW 1/4 SW 1/4 of Section11 at a point which bears North 11?00'05" East a distance of 1,200 feet from the Southwest Corner of Section 11. Well No. 3 islocated in the SE 1/4 SW 1/4 of Section 11, Township 7 South, Range 88 West of the 6th P.M., at a point which bears North51?01'11" East a distance of 2,000 feet from the Southwest Corner of Section 11. Well No. 7 is located in the NE1/4 NW1/4 ofSection 14, at a point which bears South 50?35'30" East a distance of 2,290 feet from the Northwest corner of Section 14. Well No. 9is located in the SW1/4 SW1/4 of Section 14, at a point which bears North 9?18'03" East a distance of 1,030 feet from the Southwestcorner of Section 14. Well No. 10 is located in the SE1/4 SW1/4 of Section 14, at a point which bears North 64?02'11" East a distance


of 2,810 feet from the Southwest corner of Section 14. Well No. 11 is located in the SW1/4 SE1/4 of Section 14, at a point whichbears North 82?12'09" East a distance of 3,530 feet from the Southwest corner of Section 14. Well No. 12 is located in the SW1/4SW1/4 of Section 14, at a point which bears North 85?42'23" East a distance of 1,280 feet from the Southwest corner of Section 14.Well No. 13 is located in the NW1/4 NE1/4 of Section 23, at a point which bears South 51?05'48" West a distance of 1,920 feet fromthe Northeast corner of Section 23. Well No. 14 is located in the SE1/4 NW1/4 of Section 23, at a point which bears South 48?56'53"West a distance of 3,830 feet from the Northeast corner of Section 23. Date of original decree: August 29, 1980, in Case No. 79CW96,in the District Court in and for Water Division No. 5. Source: Water tributary to Cattle Creek, tributary to the Roaring Fork River.Appropriation date: April 24, 1979, for each well. Amount: 0.044 c.f.s., conditional, for each well. Use: Domestic, irrigation,piscatorial and fish and wildlife propagation purposes. The Application provides a detailed outline of what has been done towards thedevelopment of these conditional water rights. CLDC Well No. 3: Water applied to beneficial use: Date: November 4, 1984. Amount:10 g.p.m. absolute. Use: Domestic, irrigation, piscatorial and fish and wildlife propagation purposes. Description of place of use wherewater is applied to beneficial use: 0525 Cactus Flats Road, Carbondale, Colorado. (6 pages)

42. 01CW107, Garfield County, Colorado River, Star Route Enterprises, a general partnership, John R. Schenk, Schenk, Kerst& deWinter, LLP, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado, 81601, Application for Ground Water Rights and forApproval of Plan for Augmentation. First Claim – Application for Underground Water Rights. Name of Structure: Neumayr Well No.1. Legal Description of Point of Diversion: Neumayr Well #1 is located in the NE ¼ of the NW ¼, of Section 5, Township 5 South,Range 86 West of the 6th P.M., 1100 feet from the North section line and 2060 feet from the West section line. Source: Groundwatertributary to the Colorado River. Appropriation date: September 18, 2000. Amount claimed: 11 c.f.s. (50 g.p.m.), individually or incombination with Neumayr Well No. 2 (see Second Claim), Conditional. Proposed Use: If irrigation: Number of acres historicallyirrigated: 0 acres; Total number of acres proposed to be irrigated: 0.71 acres. Legal description of land to be irrigated: Up to 0.71acres within a parcel of land located in Tracts 40 and 49, Section 5, Township 5 South, Range 86 West of the 6th Principal Meridianaccording to the Independent Resurvey of said Township and Range approved by the U.S. Surveyor’s General’s Office June 20, 1922,more particularly described as follows: Beginning at a point in the center of the Colorado River whence a brass cap for the closingcorner of the westerly line of said Tract 49 with the northerly line of said Section 5 bears N. 55�40'47" W. 1144.64 feet; thence S.56�18'36" E. 88.66 feet to the southwest corner of the Doolittle Tract described in Book 530 at Page 613 of the Eagle County records;thence S. 74�20'49" E. 177.65 feet along the southerly line of said Doolittle Tract; thence N. 23�50'26" E. 25.28 feet along theeasterly line of said Doolittle Tract to the southwesterly corner of the Neumayr-Brown Subdivision recorded in the Eagle Countyrecords in Book 378 at Page 979; thence S. 49�56'47" E. 427.92 feet along said southwesterly line; thence S. 62�49'38" E. 323.53feet along said southwesterly line; thence S. 03�57'00" W. 136.07 feet along said southwesterly line to the northerly right-of-way ofU.S. Highway 6 and 24; thence N. 86�03'00" W. 425.79 feet along said northerly line; thence S. 03�57'00" W. 15.00 feet along saidnortherly line; thence N. 86�03'00" W. 65.50 feet along said northerly line; thence along said northerly line along a curve to the lefthaving a radius of 1206.00 feet, a central angle of 21�40'00", an arc distance of 456.06 feet and a Long Chord of 453.34 feet bearingS. 83�07'00" W.; thence S. 72�17'00" W. 107.40 feet along said northerly line; thence N. 86�25'25" W. 120.00 feet to the centerlineof the Colorado River; thence N. 04�28'30" E. 139.35 feet along said centerline; thence N. 15�56'43" E. 72.80 feet along saidcenterline; thence N. 26�33'54" E. 346.59 feet along said centerline; thence N. 33�41'24" E. 209.81 feet along said centerline to thepoint of beginning. The irrigated land may include greenhouse structures. If non-irrigation, describe purpose fully: Residential,commercial and light industrial uses including, without limitation, dwelling units, restaurant, retail, warehouse, shop and studiofacilities and fire protection uses. The total use will be limited to 9 EQRs, where one (1) EQR is equivalent to a single-familyresidential unit consisting of three (3) people each using 100 gallons per day and also including irrigation for 1000 square feet of lawnand garden area. EQRs for commercial and light industrial uses will be based on comparable utilization, such that each 10 seats of arestaurant shall require 0.5 EQRs, each 1,000 square feet of retail commercial space shall require 0.3 EQRs and each 1,000 square feetof light industrial, warehouse or studio space shall require 0.125 EQRs. Name and address of owner of land on which point ofdiversion is located: Star Route Enterprises, a general partnership, j Rudolph Neumayr, P.O. Box 2238, Vail, Colorado, 81658.Remarks: This well will be located within 100 feet of the Colorado River and may be treated as a surface diversion. The Applicantwill submit a well permit application for Neumayr Well No. 1 to the State Engineer's Office for the well as described in thisapplication. The well permit or denial of well permit will be filed with this Court before entry of decree. Second Claim – Applicationfor Underground Water Rights. Name of Structure: Neumayr Well No. 2. Legal Description of point of diversion: Neumayr Well #2is located in the NE ¼ of the NW ¼, of Section 5, Township 5 South, Range 86 West of the 6th P.M., 1126 feet from the Northsection line and 2040 feet from the West section line. Source: Groundwater tributary to the Colorado River. Date of appropriation:September 18, 2000. Date water applied to beneficial use: N/A. How appropriation was initiated: Field inspection, engineering work,application for well permit and formulation of intent to appropriate water. Amount Claimed: 11 c.f.s. (50 g.p.m.), individually or incombination with Neumayr Well No. 1 (see First Claim), Conditional. Proposed use: If irrigation: Number of acres historicallyirrigated: 0 acres.; Total number of acres proposed to be irrigated: 0.71 acres. Legal description of land to be irrigated: Up to 0.71acres within the parcel of land described in above, which description is incorporated herein as if set forth verbatim. The irrigated landmay include greenhouse structures. If non-irrigation, describe purpose fully: Residential, commercial and light industrial usesincluding, without limitation, dwelling units, restaurant, retail, warehouse, shop and studio facilities and fire protection. The total use


will be limited to 9 EQRs, where one (1) EQR is equivalent to a single-family residential unit consisting of three (3) people each using100 gallons per day and also including irrigation for 1000 square feet of lawn and garden area. EQRs for commercial and lightindustrial uses will be based on comparable utilization, such that each 10 seats of a restaurant shall require 0.5 EQRs, each 1,000square feet of retail commercial space shall require 0.3 EQRs and each 1,000 square feet of light industrial, warehouse or studio spaceshall require 0.125 EQRs. Name and address of owner of land on which point of diversion is located: Star Route Enterprises, ageneral partnership, j Rudolph Neumayr, P.O. Box 2238, Vail, Colorado, 81658. Remarks: This well will be located within 100 feetof the Colorado River and may be treated as a surface diversion. The Applicant will submit a well permit application for NeumayrWell No. 2 to the State Engineer's Office for the well as described in this application. The well permit or denial of well permit will befiled with this Court before entry of decree. Third Claim – Application for Approval of Plan for Augmentation. Name of structures tobe augmented: Neumayr Well No. 1, see First Claim, and Neumayr Well No. 2, see Second Claim. Previous decrees for water rightsto be used for augmentation: Applicant has a pending water supply contract with the Colorado River Water Project Enterprise of theColorado River Water Conservation District for 2.0 acre feet of Colorado River Municipal & Industrial Wholesale Water. TheColorado River Supply is available from storage facilities located in the headwaters of the Colorado River, Wolford MountainReservoir. The Colorado River Water Conservation District owns and controls water supplies through its Colorado River WaterProjects Enterprise. Those supplies are available for contracting under the Enterprise's Water Marketing Policy. Following is asummary of the Enterprise's sources of supply for use by River District contractors in their Water Court applications. Electronicformat copies of this document are available to River District contractors on request. References herein to the “Water Court” meanthe District Court in and for Colorado’s Water Division No. 5 as said Division is defined in C.R.S. § 37-92-201(1)(e). Colorado RiverSupply Sources include the Wolford Mountain Reservoir. The River District owns and operates Wolford Mountain Reservoir (f/k/aGunsight Pass Reservoir), which has the following water rights. Case No. 87CW283: Decree Date: November 20, 1989, Legaldescription of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. Theintersection of the dam axis with the right abutment will occur at a point which bears W. 54�54'20" E. a distance of 3,716.46 feetfrom the NW Corner of said Section 25. Source: Muddy Creek and its tributaries. Amount: 59,993 acre feet conditional; of thisamount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No.95CW251. Appropriation Date: December 14, 1987. Use: All beneficial uses, including but not limited to domestic, municipal,agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the MunicipalSubdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the RiverDistrict for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987between the River District and the City and County of Denver. Case No. 95CW281: Decree Date: August 26, 1997. Legaldescription of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-builtintersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River WaterConservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94,occurs at a point which bears S. 53�24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of saiddam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75� 28' 29" E. Source: Muddy Creek and its tributaries Amount: 6,000 acre feetconditional. Appropriation Date: January 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitants of the ColoradoRiver Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial andrecreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with theWolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored inthe exercise of the right will be delivered directly or by exchange, substitution or otherwise for use outside of Colorado WaterDivision No. 5. Case No. 98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281.Source: Muddy Creek and its tributaries. Amount: 30,000 acre feet conditional with 15,895 AF being absolute for recreational andpiscatorial and flood control. Appropriation Date: November 17, 1998. Use: Certain of the beneficial uses previously adjudicated forWolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 -Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 - Judgment andDecree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the MunicipalSubdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic,municipal, agricultural and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of theRiver District for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of theinhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation,agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigationrequirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution,augmentation or exchange. Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slopeuses of water from Wolford Mountain Reservoir described above, including flood control, other operational purposes andenvironmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunctionwith the Reservoir capacity (24,000 AF) which is allocated for the supply of water to the Denver Board of Water Commissionersunder Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado Riverendangered fish releases. Colorado River Supply Sources also include Ruedi Reservoir. The River District holds Contracts No.


009D60C111 and 009D6C0118 from the United States Bureau of Reclamation for 1,200 acre feet of annual supply from RuediReservoir. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstanceswhere Ruedi water is physically equivalent to Wolford water. The decree descriptions of Ruedi Reservoir’s water rights follow.Ruedi Reservoir was decreed in the Garfield County District Court in Civil Action No. 4613 for domestic, municipal, irrigation,industrial, generation of electrical energy, stock watering and piscatorial uses, with an appropriation date of July 29, 1957. Bysubsequent order of the Water Court entered in Case No. W-789-76, the decreed amount of this reservoir has been fixed at 102,369acre feet. Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and PitkinCounties, and derives its water supply from the Fryingpan River. By decree of the Water Court in Case No. 81CW34 Ruedi Reservoirwas decreed a refill right in the amount of 101,280 AF conditional. In Water Court Case No. 95CW95, 44,509 AF was made absolute.Statement of plan for augmentation, covering all applicable matters under C.R.S. 37-92-103(9), 37-92-302(1) and (2) and 37-92-305(8): The Applicant proposes to provide irrigation and potable water service to the Star-Route Subdivision located in Eagle County,Colorado. The subdivision has an estimated maximum build-out of uses requiring 9 EQRs within the lands described in paragraph 7of the First Claim above. The subdivision shall provide for residential, commercial and light industrial uses including, withoutlimitation, dwelling units, restaurant, retail, warehouse, shop and studio facilities, as well as fire protection and other beneficial uses.The total use of 9 EQRs shall be based on the assumption that one (1) EQR is equivalent to a single-family residential unit consistingof three (3) people each using 100 gallons per day and also including irrigation for 1000 square feet of lawn and garden area. EQRsfor commercial and light industrial uses will be based on comparable utilization, such that each 10 seats of a restaurant shall require0.5 EQRs, each 1,000 square feet of retail commercial space shall require 0.3 EQRs and each 1,000 square feet of light industrial,warehouse or studio space shall require 0.125 EQRs. The total diversions of the wells are estimated to equal 4.95 acre feet per yearincluding domestic in-house uses and irrigation, with an annual consumption of 1.805 acre feet. The subdivision will be served byindividual sewage disposal systems having an average consumptive use depletion of 15% of deliveries for inside use. The area to beirrigated is 1,000 square feet per EQR and up to 0.5 acres of open space or greenhouses, for a total of 37,780 square feet or 0.71 acresin Sections 5, Township 5 South, Range 86 West of the 6th P.M., Eagle County, Colorado. Annual diversions required for in houseuse would be 3.02 acre feet and annual consumptive use would be 0.45 acre feet. Lawn irrigation has been computed on a Blaney-Criddle basis with a 70% efficiency factor. Irrigation of the 0.71 acres would annually divert 1.93 acre feet and annual consumptiveuse would be 1.36 acre feet. A table of water deliveries and consumptive use requirements for the Star Route Subdivision is attachedas Exhibit “A” and incorporated herein by this reference. Transit losses between the outlet of the Wolford Mountain Reservoir and thepoint of diversion are estimated to be ten percent (10%) of the potential annual augmentation requirements. Therefore, the totaldiversions of the wells estimated to equal 4.95 acre feet per year should be increased by a factor of 1.1 to 5.45 acre feet per year andthe annual consumption estimated to equal 1.805 acre feet per year should be increased by the same factor of 1.1 to 1.986 acre feet peryear. Depletions from the Neumayr Wells No. 1 and 2 will affect the Colorado River throughout the year. Although the NeumayrWells No. 1 and 2 water rights may be in priority during portions of the year, the Applicant plans to provide augmented water out ofWolford Mountain Reservoir to cover one hundred percent (100%) of the maximum annual depletions due to the diversions of thewell to adequately protect downstream vested water rights. Releases will be made from the Wolford Mountain Reservoir, in amountsequal to the out-of-priority stream depletion associated with diversions under said water rights or as directed by the Division Engineer.The Applicant shall install measuring devices, provide accounting and supply calculations regarding the timing of depletions asrequired by the Division Engineer for the operation of this plan. The applicant shall also file an annual report with the DivisionEngineer by November 15th following each irrigation year (November 1 through October 31) summarizing diversions andreplacements made under this plan. The state engineer shall curtail all out-of-priority diversions, the depletions from which are notso replaced as to prevent injury to vested water rights. Name and address of owner of land on which structures are located:Applicant’s name and address is as stated above, except Wolford Mountain Reservoir which is located on land owned by the ColoradoRiver Water Conservation District, P.O. Box 1120, Glenwood Springs, Colorado, 81602. (13 pages)

43. 01CW108 MESA COUNTY, COLORADO RIVER. The Town of DeBeque, c/o Mark E. Hamilton, Esq., Caloia & Houpt,P.C., 1204 Grand Avenue, Glenwood Springs, CO 81601, (970) 945-6067, [email protected]. Application for Finding of ReasonableDiligence. Name of structure: DeBeque Water Works Pipeline and Pump Station Enlarged. Orig. decree: 80CW079, Div. 5,10/15/1980. Location: the point of diversion is located at a point whence the NE corner of the NW ¼ SE ¼ Sec. 27, T. 8 S., R. 97 Wof the 6th P.M., bears N. 69°16’ E 570 feet. Source: Colo. River. Approp. date: 05/25/1952. Amount: 0.75 c.f.s., conditional. Uses: allmunicipal purposes, including domestic, industrial, irrigation, recreation, fire protection, livestock watering, and necessary storage. Adetailed outline of activities during the diligence period is included in the Application. (4 pages)

44. 01CW109 Garfield County, Four Mile Creek, Roaring Fork River, Application for Finding of Reasonable Diligence, OakMeadows Water Association, Inc., c/o Caloia & Houpt, P.C., 1204 Grand Avenue, Glenwood Springs, CO 81601, (970) 945-6067.Structure: Oak Meadows Spring No. 2. Original decree: 4/23/1971, Case No. W-274. The spring is located in the NW1/4 of Section 22,T7S, R89W of the 6th P.M. at a point whence the NW Corner of said Section 22 bears North 30°30’ West 1635.3 feet. The spring istributary to Four Mile Creek, tributary to Roaring Fork River. Appropriation date: 11/1/1970. Amount: 1.0 c.f.s., conditional. Use:


Domestic, irrigation, stockwater, and recreation purposes. An outline of activities undertaken toward completion of the appropriation isincluded in the application. (4 pages)

45. 01CW110 GARFIELD COUNTY, ROARING FORK RIVER. Stirling Properties LLC c/o Mark E. Hamilton, Esq.,Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067, [email protected]. Application to MakeWater Right Absolute or for Finding of Reasonable Diligence. Name of structure: John’s Well. Location: NE 1/4 of the SE 1/4 ofSection 11, Township 7 South, Range 88 West of the 6th P.M. at a point 2,990 ft. S. of the N. line and 1,020 ft. W. of the E. line ofsaid Sec. 11. Orig. decree: 06/29/1980, Case No. 79CW383, Water Div. 5. Source: Groundwater tributary to the Roaring Fork River.Appropriation date: May 15, 1979. Amount: 0.033 c.f.s., conditional. Uses: fire protection, ordinary household purposes inside up to threesingle family dwellings, irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals.Depth: 210 feet. Water from the subject conditional water right (John’s Well) has been applied to beneficial use for all decreed purposes.John’s Well is connected to residences located on Lots 2, 3 and 4, all as shown on the Exemption Plat for the Baby Beans Subdivision,Garfield County Reception No. 303003. The Owners of Lot 2 (Stirling Properties LLC), Lot 3 (Gunther Weil) and Lot 4 (Jerry Young)share the well in equal 1/3 interests. This Application is intended to apply to all such interests. An outline of activity during the previousdiligence period is included in the Application (4 pages)

46. 01CW111 GARFIELD COUNTY, ROARING FORK RIVER. Stirling-Sun Mesa, Inc. c/o Mark E. Hamilton, Esq.,Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067, [email protected]. Application for Findingsof Reasonable Diligence. Names of Structures: Stirling Well Nos. 3, 4, 6, 7, 8, 9, 10, 11 and 12 (please note that, in Case No. 84CW741,the points of diversion for these structures were changed to Stirling Well Nos. A through L, inclusive, as described more fully below.Additionally, in Case No. 92CW238, the points of diversion for Stirling Wells K and L were further changed, as described below).Locations: (1) Stirling Well No. 3: SW 1/4 of the NW 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at a point 1,980 ft S. of the N. lineand 660 ft E. of the W. line of said Sec. 29; (2) Stirling Well No. 4: NW 1/4 of the SW 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at apoint 1,980 ft N. of the S. line and 660 ft E. of the W. line of said Sec. 29. (3) Stirling Well No. 6: NE 1/4 of the SW 1/4 of Sec. 29, T. 7 S.,R. 87 W. of the 6th P.M. at a point 1,980 ft N. of the S. line and 1,980 ft E. of the W. line of said Sec. 29; (4) Stirling Well No. 7: NW 1/4 ofthe NE 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at a point 660 ft S. of the N. line and 1,980 feet W. of the E. line of said Sec. 29; (5)Stirling Well No. 8: SW 1/4 of the NE 1/4 of Sec. 29, T. 7 South, R. 87 W. of the 6th P.M. at a point 1,980 ft S. of the N. line and 1,980 ftW. of the E. line of said Section 29; (6) Stirling Well No. 9: NW 1/4 of the SE 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at a point1,980 ft N. of the S. line and 1,980 ft W. of the E. line of said Sec. 29; (7) Stirling Well No. 10: NE 1/4 of the SE 1/4 of Sec. 29, T. 7 S., R.87 W. of the 6th P.M. at a point 1,980 feet N. of the S. line and 660 ft W. of the E. line of said Sec. 29; (8) Stirling Well No. 11: NE 1/4 ofthe SE 1/4 of Sec. 30, T. 7 S., R. 87 W. of the 6th P.M. at a point 1,980 ft N. of the S. line and 660 feet W. of the E. line of said Sec. 30; (9)Stirling Well No. 12: SE 1/4 of the NE 1/4 of Sec. 30, T. 7 South, R. 87 W. of the 6th P.M. at a point 1,980 feet S. of the N. line and 660feet W. of the E. line of said Sec. 30; (10) In Case No. 84CW741, 14 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 7 waschanged to Stirling Well A which is located in the NW 1/4 of the NE 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at a point whence theNW corner of said Sec. bears N. 74°00' W. a distance of 3,880 ft; (11) In Case No. 84CW741, 15 g.p.m. of the 15 g.p.m. adjudicated toStirling Well No. 8, 2 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 9, and 1 g.p.m. of the 15 g.p.m. adjudicated to Stirling WellNo. 7 was changed to Stirling Well B which is located in the SW ¼ of the NE 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at a pointwhence the NW corner of said Sec. bears N. 69°30' W. a distance of 4,140 feet; (12) In Case No. 84CW741, 9 g.p.m. of the 15 g.p.m.adjudicated to Stirling Well No. 9 and 5 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 3 was changed to Stirling Well C which islocated in the SW 1/4 of the NE 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at a point whence the NW corner of said Sec. bears N.57°30' W. a distance of 3,160 feet; (13) In Case No. 84CW741, 9 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 10 was changedto Stirling Well D which is located in the NW 1/4 of the SE 1/4 of Section 29, T. 7 S., R. 87 W. of the 6th P.M. at a point whence the NWcorner of said Sec. bears N. 50°30' W. a distance of 4,720 ft; (14) In Case No. 84CW741, 10 g.p.m. of the 15 g.p.m. adjudicated to StirlingWell No. 6 and 4 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 9 was changed to Stirling Well E which is located in the NW 1/4of the SE 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at a point whence the NW corner of said Sec. bears N. 42°30' W. a distance of4,080 ft; (15) In Case No. 84CW741, 5 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 10 was changed to Stirling Well F which islocated in the NW 1/4 of the SE 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at a point whence the NW corner of said Sec. bears N.41°30' W. a distance of 4,690 ft; (16) In Case No. 84CW741, 5 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 6 was changed toStirling Well G which is located in the NW 1/4 of the SE 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at a point whence the NW cornerof said Sec. bears N. 35°W. a distance of 4,070 ft; (17) In Case No. 84CW741, 4 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 4and 1 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 3 was changed to Stirling Well H which is located in the NW 1/4 of the SW1/4 of Sec. 29, T. 7 S., Range 87 W. of the 6th P.M. at a point whence the NW corner of said Sec. bears N. 17°30' W. a distance of 3,350 ft;(18) In Case No. 84CW741, 9 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 3, 1 g.p.m. of the 15 g.p.m. adjudicated to StirlingWell No. 10, and 4 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 12 was changed to Stirling Well I which is located in the SW1/4 of the NW 1/4 of Sec. 29, T. 7 S., R. 87 W. of the 6th P.M. at a point whence the NW corner of said Sec. bears N. 09°30' W. a distanceof 2,660 feet; (19) In Case No. 84CW741, 11 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 4 and 7 g.p.m. of the 15 g.p.m.adjudicated to Stirling Well No. 11 was changed to Stirling Well J which is located in the NW 1/4 of the SW 1/4 of Sec. 29, T. 7 S., R. 87


W. of the 6th P.M. at a point whence the NW corner of said Sec. bears N. 06°W. a distance of 3,020 feet; (20) In Case No. 84CW741, 8g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 11 and 6 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 12 was changed toStirling Well K which is located in the NE 1/4 of the SE 1/4 of Sec. 30, T. 7 S., R. 87 W. of the 6th P.M. at a point whence the NE corner ofsaid Sec. bears N. 07° E. a distance of 2,825 feet; (21) In Case No. 84CW741, 5 g.p.m. of the 15 g.p.m. adjudicated to Stirling Well No. 12was changed to Stirling Well L which is located in the NE 1/4 of the SE 1/4 of Sec. 30, T. 7 S., R. 87 W. of the 6th P.M. at a point whencethe NE corner of said Sec. bears N. 21°30' E. a distance of 2,335 ft; (22) In Case No. 92CW238, the point of diversion for the Stirling WellNo. L was changed to the SE 1/4 of the NE 1/4 of Sec. 30, T. 7 S., R. 87 W. of the 6th P.M., at a point 434 ft from the E. Sec. line and 1438ft from the N. Sec. Line of said Sec. 30; (23) In Case No. 92CW238, the 14 g.p.m. changed to the Stirling Well No. K from the StirlingWell Nos. 11 and 12 in Case No. 84CW741 was changed to the Stirling Well L at the location described in the preceding paragraph; (24)In Case No. 99CW036, the location of Stirling Well D was changed to the NE ¼ SE ¼ Section 29, 800 ft from the E. Sec. Line and 2600feet from the S. Sec. Line; (25) In Case No. 99CW036, the location of Stirling Well F was changed to the SW ¼ NE ¼ of Section 29, 2200feet from the E. Sec. Line and 1350 feet from the E. Sec. Line; (26) In Case No. 99CW036, the location of Stirling Well I was changed tothe NW ¼ SW ¼ Section 29, 2550 ft from the S. Sec. Line and 1875 ft from the W. Sec. Line; (27) In Case No. 99CW036, the location ofStirling Well J was changed to the SW ¼ SW ¼ Section 29, 2100 ft. from the S. Sec. Line and 1500 ft from the W. Sec. Line. Source: thesource of the water is from wells having depths from 170 ft to 295 ft, and being tributary to the Roaring Fork River. Approp. Dates (allwells): May 15, 1979. Amount: 0.033 c.f.s., conditional, for each well. Uses: domestic, household use, livestock watering, fire protection,and irrigation of lawns and gardens. Depths: 170 ft to 295 ft. A detailed outline of activity during the past six years toward completion ofthese appropriations is contained in the Application. (9 pages)

47. 01CW112 (93CW310) Summit County. Robert Sussman, P.O. Box 4048,0075 Chaparral Lane, Breckenridge, CO 80424,(970) 547-0464, c/o Jeffrey J. Kahn, Bernard, Lyons, Gaddis, & Kahn, P.C., P.O. Box 978, Longmont, CO 80502, (303) 776-9900APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT OR IN THE ALTERNATIVE A FINDINGOF REASONABLE DILIGENCE IN SUMMIT COUNTY 2. Structure: Sussman Well, Well Permit No. 045222-F, Lot No. 14,Summit Estates, Filing No. 3. 3. Conditional water right: A. Date of Original Decree: April 18, 1995, Case No. 93CW310, DistrictCourt, Water Division No. 5. B. Location: SE ¼ NW ¼ of Section 16, T6S, R77W, 6th P.M., 3,000 feet from the south section line and2,500 feet from the west section line of Section 16. C. Source: Ground Water tributary to the Swan River. D. Appropriation Date:December 31, 1987; Amount: 15 gpm, CONDITIONAL. E. Use: Ordinary household purposes inside one single family dwelling. F.Proposed depth of well: 200 feet. 4. Outline of what has been done toward completion or for completion of the appropriation andapplication of water to a beneficial use as conditionally decreed: A well was drilled and completed on May 16, 1995, by ArrowDrilling Co. of Golden, Colorado at a cost of $4,371.00. Delta SVD1 of Frisco, Colorado installed a pump on August 29, 1995 at thecost of $2,338.40. 5. Claim to make absolute-Water applied to beneficial use: A. Date: August 20, 1995; Amount: 12 gpm; Use:Single family dwelling. B. Description of place of use where water is applied to beneficial use: Single family dwelling on Lot 14,Summit Estates, Filing No. 3. (3 pages)

48. 01CW113 (93CW310) Summit County. Robert A. Booker, P.O. Box 4247, Frisco, CO 80443, (970) 547-9739, c/o JeffreyJ. Kahn, Bernard, Lyons, Gaddis, & Kahn, P.C., P.O. Box 978, Longmont, CO 80502, (303) 776-9900. APPLICATION TO MAKEABSOLUTE A CONDITIONAL WATER RIGHT OR IN THE ALTERNATIVE A FINDING OF REASONABLEDILIGENCE IN SUMMIT COUNTY. 2. Structure: Booker Well, Well Permit No. 043273-F, Lot No. 15, Summit Estates, FilingNo. 3. 3. Conditional water right: A. Date of Original Decree: April 18, 1995, Case No. 93CW310, District Court, Water DivisionNo. 5; B. Location: SW ¼ NE ¼ of Section 16, T6S, R77W, 6th P.M., 3,125 feet from the south section line and 2,750 feet from thewest section line of Section 16; C. Source: Ground Water tributary to the Swan River; D. Appropriation Date: December 31, 1987;Amount: 15 gpm, CONDITIONAL; E. Use: Ordinary household purposes inside one single-family dwelling; F. Proposed depth ofwell: 200 feet. 4. Outline of what has been done toward completion or for completion of the appropriation and application of water toa beneficial use as conditionally decreed: Arrow Drilling Company of Golden, Colorado, drilled a well on the property in July of1995. The cost of drilling the well was $4,289.00. In December of 1995, a pump was installed by Delta Sub One of Frisco, Colorado,costing $2,273.00. 5. If claim to make absolute-water applied to beneficial use: A. Date: December 1995; Amount: 8 gpm; Use: Insidea single family dwelling; B. Place of use where water is applied to beneficial use: Single family dwelling on Lot 15, Summit Estates,Filing No. 3. (3 pages)

49. 01CW114 (93CW310) Summit County. Howard Bellowe, 5400 S. Colorado Blvd., Greenwood Village, CO 80121, (303)721-1653, c/o Jeffrey J. Kahn, Bernard, Lyons, Gaddis, & Kahn, P.C., P.O. Box 978, Longmont, CO 80502, (303) 776-9900.APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT OR IN THE ALTERNATIVE A FINDINGOF REASONABLE DILIGENCE IN SUMMIT COUNTY. 2. Structure: Bellowe Well, Well Permit No. 046728-F, Lot No. 1,Summit Estates, Filing No. 3. 3. Conditional water right: A. Date of Original Decree: April 18, 1995, Case No. 93CW310, DistrictCourt, Water Division No. 5. B. Location: NE ¼ SE ¼ of Section 17, T6S, R77W, 6th P.M., 2,500 feet from the south section line and125 feet from the east section line of Section 16. C. Source: Ground Water tributary to the Swan River. D. Appropriation Date:December 31, 1987; Amount: 15 gpm, CONDITIONAL. E. Use: Ordinary household purposes inside one single-family dwelling. F.


Proposed depth of well: 200 feet. 4. Outline of what has been done toward completion or for completion of the appropriation andapplication of water to a beneficial use as conditionally decreed: The well was completed on October 27, 1994, by Golden EagleDrilling Corp. of Frisco, Colorado. Sweet Water Pump Service of Lakewood, Colorado, installed a pump in March of 1995 at the costof $1,529.79. 5. If claim to make absolute-Water applied to beneficial use: A. Date: December 1995; Amount: 10 gpm; Use: Inside asingle-family dwelling. B. Description of place of use where water is applied to beneficial use: Inside a single family dwelling on Lot1, Summit Estates, Filing No. 3. (3 pages)

50. 01CW115 (93CW310) Summit County. James W. Maddock and Noël R. Larson, 2235 Hillside Avenue, St. Paul, MN55108, (651) 647-0549, c/o Jeffrey J. Kahn, Bernard, Lyons, Gaddis, & Kahn, P.C., P.O. Box 978, Longmont, CO 80502, (303) 776-9900. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN SUMMIT COUNTY. 2. Structure: Summit Estates, LotNo. 9, Filing No. 3, Well Permit No.043278-F. 3. Describe conditional water right: A. Date of Original Decree: April 18, 1995, CaseNo. 93CW310, District Court, Water Division No. 5. B. Location: NW ¼ SW ¼ of Section 16, T6S, R77W, 6th P.M., 2,250 feet fromthe south section line and 1,125 feet from the west section line of Section 16. C. Source: Ground Water tributary to the Swan River. D.Appropriation Date: December 31, 1987; Amount: 15 gpm, CONDITIONAL. E. Use: Ordinary household purposes inside one single-family dwelling. F. Proposed depth of well: 200 feet. 4. Outline of what has been done toward completion or for completion of theappropriation and application of water to a beneficial use as conditionally decreed: Preliminary surveying and architectural sketcheshave been completed for development of the lot and the well. Architect has been paid $4,250 for the first stage of design, plus severalhundred dollars of related expenses for topographical documents. (3 pages)

51. 01CW116 (93CW310) Summit County. Jonathan E. Rovick, P.O. Box 65, Dillon, CO 80435, (970) 547-4571, c/o JeffreyJ. Kahn, Bernard, Lyons, Gaddis, & Kahn, P.C., P.O. Box 978, Longmont, CO 80502, (303) 776-9900, APPLICATION TO MAKEABSOLUTE A CONDITIONAL WATER RIGHT OR IN THE ALTERNATIVE A FINDING OF REASONABLEDILIGENCE. 2. Name of structure: Rovick Well, Well Permit No. 051774-F, Lot No. 13, Summit Estates, Filing No. 3. Describeconditional water right: A. Date of Original Decree: April 18, 1995, Case No. 93CW310, District Court, Water Division No. 5, B.Location: SE ¼ NW ¼ of Section 16, T6S, R77W, 6th P.M., 2,750 feet from the south section line and 2,250 feet from the west sectionline of Section 16, C. Source: Ground Water tributary to the Swan River, D. Appropriation Date: December 31, 1987; Amount: 15gpm, CONDITIONAL, E. Use: Ordinary household purposes inside one single-family dwelling with no outdoor use allowed, F.Proposed depth of well: 200 feet. 4. Outline of what has been done toward completion or for completion of the appropriation andapplication of water to a beneficial use as conditionally decreed: Arrow Drilling Company of Golden, CO drilled a well on September9, 1999. Cost of drilling the well was $3,669.00. Delta Sub One of Frisco, Colorado installed a pump in April 2000 and water fromthat well was immediately put to beneficial use. Cost of pump installation was $2,126.00. 5. If claim to make absolute-Water appliedto beneficial use: A. Date: March 17, 2000; Amount: 15 gpm; Use: Ordinary household purposes inside a single-family dwelling. B.Description of place of use where water is applied to beneficial use: Inside a single family dwelling at 0409 Outtabounds Drive,Summit Estates, Summit County, Colorado, 80424. (3 pages)

52. 01CW117 (93CW310) Summit County. Fred and Marcia Blackard, 10713 Marsha Lane, Houston, TX 77024, (713) 973-6132, c/o Jeffrey J. Kahn, Bernard, Lyons, Gaddis, & Kahn, P.C., P.O. Box 978, Longmont, CO 80502, (303) 776-9900.APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT OR IN THE ALTERNATIVE A FINDINGFOR REASONABLE DILIGENCE. 2. Structure: Blackard Well, Well Permit No. 043179-F, Lot No. 11, Summit Estates, FilingNo. 3. 3. Conditional water right: A. Date of Original Decree: April 18, 1995, Case No. 93CW310, District Court, Water Division No.5, B. Location: SE ¼ NW ¼ of Section 16, T6S, R77W, 6th P.M., 2,300 feet from the north section line and 1,850 feet from the westsection line of Section 16, C. Source: Ground Water tributary to the Swan River, D. Appropriation Date: December 31, 1987;Amount: 15 gpm, CONDITIONAL, E. Use: Ordinary household purposes inside one single-family dwelling, F. Proposed depth ofwell: 200 feet. 4. Outline of what has been done toward completion or for completion of the appropriation and application of water toa beneficial use as conditionally decreed: Five Star Drilling of Fairplay, Colorado, drilled the well on September 12, 1994, at the costof $2,844.00. Pump was installed by Five Star Drilling on December 1994 at a cost of $2,580.00. 5. If claim to make absolute-Waterapplied to beneficial use: A. Date: December 1994; Amount: 13 gpm; Use: Inside a single-family dwelling. B. Description of place ofuse where water is applied to beneficial use: Inside a single-family home on Lot 11, Summit Estates, Filing No. 3 (3 pages)

53. 01CW118 (93CW310) Summit County. Artis Silverman, 2570 So. Fillmore Street, Denver, CO 80120, (303) 296-4440(Eldon Silverman), c/o Jeffrey J. Kahn, Bernard, Lyons, Gaddis, & Kahn, P.C., P.O. Box 978, Longmont, CO 80502, (303) 776-9900.APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Structure: Silverman property, Lot No. 12, Well PermitNo. 047091-F, Summit Estates, Filing No. 3, 3. Conditional water right: Date of Original Decree: April 18, 1995, Case No.93CW310, District Court, Water Division No. 5, B. Location: NE ¼ SW ¼ of Section 16, T6S, R77W, 6th P.M., 2,625 feet from thesouth section line and 2,000 feet from the west section line of Section 16, C. Source: Ground Water tributary to the Swan River, D.Appropriation Date: December 31, 1987; Amount: 15 gpm, CONDITIONAL, E. Use: Ordinary household purposes inside onesingle-family dwelling with no outdoor use allowed, F. Proposed depth of well: 200 feet. 4. Outline of what has been done toward


completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed: With theadjourning neighbor, an extension of the power line was brought to the property in 1996. Cost of this improvement was $3,000.00. (3pages)

54. 01CW119 (93CW310) Summit County. Dr. Jodi Ann Chambers, 551 S. York Street, Denver, CO 80209, (303) 480-3565,c/o Jeffrey J. Kahn, Bernard, Lyons, Gaddis, & Kahn, P.C., P.O. Box 978, Longmont, CO 80502, (303) 776-9900. APPLICATIONTO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT OR IN THE ALTERNATIVE A FINDING OFREASONABLE DILIGENCE. 2. Name of structure: Chambers Well, Well Permit No. 41580-F, Lot No. 8, Summit Estates, FilingNo. 3; 3. Describe conditional water right: A. Date of Original Decree: April 18, 1995, Case No. 93CW310, District Court, WaterDivision No. 5; B. Location: NE ¼ SE ¼ of Section 17, T6S, R77W, 6th P.M., 2,100 feet from the south section line and 62 feet fromthe east section line of Section 16, C. Source: Ground Water tributary to the Swan River, D. Appropriation Date: December 31, 1987;Amount: 15 gpm, CONDITIONAL, E. Use: Ordinary household purposes inside one single-family dwelling, F. Proposed depth ofwell: 200 feet. 4. Outline of what has been done toward completion or for completion of the appropriation and application of water toa beneficial use as conditionally decreed: Arrow Drilling Company of Golden, CO, drilled a well in September 1994. Delta Sub Oneof Frisco, Colorado installed a pump in September 1994 and water from that well was immediately put to beneficial use. 5. Claim tomake absolute-Water applied to beneficial use: A. Date: September 8, 1994; Amount: 6 gpm; Use: Inside a single-family dwelling. B.Description of place of use where water is applied to beneficial use: Inside a single-family dwelling at 0304 Summit Drive, SummitEstates, Breckenridge, Colorado, 80424. (3 pages)

55. 01CW120 (93CW310) Summit County. Henry S.K. Willis, III, 11409 Isle Royale Road, S.E., Albuquerque, NM 87123,(505) 293-4394. c/o Jeffrey J. Kahn, Bernard, Lyons, Gaddis, & Kahn, P.C., P.O. Box 978, Longmont, CO 80502, (303) 776-9900.APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Structure: Willis Well, Well Permit No. 050481-F, SummitEstates, Lot No. 7, Filing No. 3, 3. Conditional water right: A. Date of Original Decree: April 18, 1995, Case No. 93CW310, DistrictCourt, Water Division No. 5, B. Location: SE ¼ NW ¼ of Section 16, T6S, R77W, 6th P.M., 3,100 feet from the south section line and2,375 feet from the west section line of Section 16, C. Source: Ground Water tributary to the Swan River, D. Appropriation Date:December 31, 1987; Amount: 15 gpm, CONDITIONAL, E. Use: Ordinary household purposes inside one single family dwelling, F.Proposed depth of well: 200 feet, 4. Outline of what has been done toward completion or for completion of the appropriation andapplication of water to a beneficial use as conditionally decreed: An asphalt road has been constructed to provide access to theproperty. A soil percolation test has been performed and a sewer system has been permitted to provide wastewater disposal on theproperty. Cost of these improvements totals $3,958.00. (3 pages)

56. 01CW121 (94CW19) SUMMIT COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1.Name, address and telephone number of applicant: Counihan Corporation, P.O. Box 1507, Frisco, CO 80443, 970-668-5774; c/oGlenn E. Porzak, Kristin Howse Moseley, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302,(303) 443-6800. 2. Name of structures: Counihan Well Nos. 1 - 7 (collectively the “Counihan Wells”) and Counihan Spring. 3.Description of conditional water rights: (a) Decree: Decreed by the District Court in and for Water Division No. 5 (the “Water Court”)in Case No. 94CW19 on April 19, 1995. (b) Decreed locations: 1. Counihan Well No. 1 was decreed to be drilled within theboundaries of a 20 acre parcel generally located in the N1/2 NW1/4 NE1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., Summit County,Colorado. 2. Counihan Well No. 2 was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the W1/2NE1/4 NE1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado. 3. Counihan Well No. 3 was decreed to be drilledwithin the boundaries of a 20 acre parcel generally located in the E1/2 NE1/4 NE1/4 of Section 20, T. 3 S., R.78 W., 6th P.M.,Summit County, Colorado. 4. Counihan Well No. 4 was decreed to be drilled within the boundaries of a 20 acre parcel generallylocated in the E1/2 NE1/4 NE1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado. 5. Counihan Well No. 5 wasdecreed to be drilled within the boundaries of a 20 acre parcel generally located in the W1/2 SE1/4 NE1/4 of Section 20, T. 3 S., R.78W., 6th P.M., Summit County, Colorado. 6. Counihan Well No. 6 was decreed to be drilled within the boundaries of a 20 acre parcelgenerally located in the W1/2 NE1/4 NW1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado. 7. Counihan WellNo. 7 was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the E1/2 NE1/4 NW1/4 of Section 20, T.3 S., R.78 W., 6th P.M., Summit County, Colorado. 8. Counihan Spring is located in the SE1/4 NE1/4 of Section 20, T. 3, R. 78 W.,6th P.M. at a point whence the E1/4 corner of said Section 20 bears S. 43°28' E. 468 feet, Summit County, Colorado. (c) Source: 1.Counihan Wells Nos. 1-7: the source is groundwater tributary to the Blue River. 2. Counihan Spring: the source is spring watertributary to the Blue River. (d) Appropriation date: Counihan Wells: February 7, 1994; Counihan Spring: March 11, 1993.(e) Amount: Counihan Wells: 15gpm each; Counihan Spring: .033 cfs (15gpm) absolute. (f) Use: Counihan Wells: Domestic,livestock and irrigation. Counihan Spring: Domestic, livestock and irrigation. (g) Remarks: The Counihan Wells and CounihanSpring are part of an integrated water system intended to serve as the water supply for a 140 acre residential development located inSections 20 and 21, T. 3 S., R. 78 W., 6th P.M. An augmentation plan was decreed by the Water Court in Case No. 94CW19, andreleases from Green Mountain Reservoir and the Counihan Pond were approved as augmentation sources to offset depletions resultingfrom out of priority diversions associated with the Counihan Wells and Counihan Spring. 4. Detailed outline of work done to


complete project and apply water to beneficial use: Since the decree was entered on April 19, 1995, Applicant has undertaken thefollowing specific activities which demonstrate diligence with regard to the subject conditional rights: (a) Applicant has maintained itsGreen Mountain Reservoir contract and made annual payments of approximately $300 per year. (b) Applicant has conductedsurveying of the property associated with the subject water rights at a total cost of approximately $2,500. (c) Applicant contracted forengineering services at a cost of approximately $4,500 for road access, property layout and designation of building envelopes. (d)Applicant has hired engineers to conduct wetlands studies at a cost of approximately $1,000. (e) In 1999, Applicant engaged inactivities to reinforce the banks of the Counihan Pond. (f) Applicant has incurred legal expenses totaling approximately $2,500associated with obtaining permits, and filing a Change of Water Rights Application with the Water Court pending in Case No.00CW301, in which Applicant is seeking to change the points of diversion for Counihan Well Nos. 1, 2, and 3. WHEREFORE,Applicant requests that the Court enter a finding of reasonable diligence with respect to the conditional water rights described herein.(5 pages)

57. 01CW122 (94CW101) SUMMIT COUNTY, APPLICATION TO MAKE CONDITIONAL WATER RIGHTSABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. 1. Name and Address of Applicant: TYL Ranch, P.O. Box1847, Silverthorne, Colorado 80498. The TYL Ranch is the successor in interest to Randy Winegard, the original applicant for thesubject conditional water rights. Direct all pleadings to: Glenn E. Porzak, P. Fritz Holleman, Porzak Browning & Bushong LLP, 929Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 2. Name of structures: a. Winegard Pond No. 1.; b. Winegard Pond No.2.; c. Winegard Pond No. 3.; d. Winegard Pond No. 4. 3. Description of Conditional Rights: a. Prior Decrees: All of the foregoingwater rights were originally decreed in Case No. 94CW101. The decree was entered by the Water Court for Water Division No. 5 onApril 18, 1995. The four ponds were decreed absolute for fishing, recreation, aesthetics and fire fighting purposes. The only portionsof the rights claimed for the four Winegard ponds that were not decreed absolute in Case No. 94CW101 were the claimed irrigationand stock watering uses which were decreed conditional. It is only these two additional uses that are the subject of this application.b. Location: · Winegard Pond No. 1: Located in the SE 1/4 of the NE 1/4 of Section 26, Township 4 South, Range 78 West of the 6th

P.M. · Winegard Pond No. 2: Located in the SE 1/4 of the NE 1/4 of Section 26, Township 4 South, Range 78 West of the 6th P.M.· Winegard Pond No. 3. Located in the SE 1/4 of the NE 1/4 of Section 26, Township 4 South, Range 78 West of the 6th P.M.· Winegard Pond No. 4. Located in the SW 1/4 of the NE 1/4 of Section 26, Township 4 South, Range 78 West of the 6th P.M.c. Filling Structures: The four Winegard Ponds are filled through Winegard Ditch No. 1 and Winegard Ditch No. 2. The diversionpoint for Winegard Ditch No. 1 is in the SE 1/4 of the NE 1/4 of Section 26, Township 4 South, Range 78 West of the 6th P.M., at apoint 1,000 feet west of the east line and 2,050 feet south of the north line of Section 26. · The diversion point for Winegard Ditch No.2 is in the SE 1/4 of the NE 1/4 of Section 26, Township 4 South, Range 78 West of the 6th P.M., at a point 1,500 feet west of the eastline and 2,100 feet south of the north line of Section 26. d. Correction of Typographic Error in the 94CW101 Decree: The decree in94CW101 contains a typographic error reciting that Pond No. 3, Pond No. 4, and Winegard Ditches No. 1 and No. 2 are located in“Range 68 West” of the 6th P.M. The entire ranch and all of the water features on it are actually within Range 78 West of the 6th P.M.e. Source of Water: All four of the ponds are filled via diversions from Boche Creek [aka “Bushee Creek”], a tributary to the BlueRiver. f. Appropriation Date: · Winegard Pond No. 1: 12/31/1956. · Winegard Pond No. 2: 12/31/1969. · Winegard Pond No. 3.12/31/1980. · Winegard Pond No. 4. 12/31/1980. g. Amount of Water: · Winegard Pond No. 1: 0.1 AF. · Winegard Pond No. 2: 1.1AF. · Winegard Pond No. 3. 7.5 AF. · Winegard Pond No. 4. 5.3 AF. h. Uses: Decreed absolute for fishing, recreation, aestheticsand fire fighting purposes. Decreed conditional for irrigation and stock watering uses. 4. Outline of what has been done towardcompletion of the appropriation and application of water to a beneficial use: Since purchasing the TYL Ranch in 1998, Applicant hasmade numerous improvements to the Ranch, including the construction of new ponds and reservoirs, fish habitat improvements,upgrades to the irrigation system, new access roads, structures and residences. Applicant recently filed an Application for WaterRights, Change of Water Rights, and Approval of Plan for Augmentation, in Case No. 00CW303, Water Division 5, to claim newwater rights and to accommodate the new, changed, and proposed uses on the Ranch. The conditional uses decreed to the fourWinegard Ponds that are the subject of this application continue to be an aspect of the integrated water development plans for the TYLRanch. They are one aspect of the water supply system for the ranch where water is put to a wide variety of uses under a number ofdifferent water decrees. The existing and proposed uses are most fully explained in the recent application submitted in Case No.00CW303. The ponds themselves are all flow through and interconnected in that water flows from Winegard Pond No. 1, then toPond No. 2, then to Pond No. 3, then to Pond No. 4. In furtherance of and to perfect the conditional irrigation use decreed to theWinegard Ponds in 94CW101, Applicant has installed extensive landscaping around the four Winegard Ponds, including new acres oflawn grass, trees, shrubs and flower gardens. Applicant plans to complete additional landscaping in this same area. Attached Figure 1illustrates the new and planned landscaped area around the four Winegard Ponds. The landscaping will occupy approximately 6.51acres in the vicinity of the four ponds at full build-out. Depletions associated with the irrigation of this landscaping will be more thanfully augmented by the augmentation plan decreed in 94CW101, and by the augmentation plan explained in Case No. 00CW303. Thecost of the landscaping completed to date is in excess of $500,000 dollars. In furtherance of the conditional stock watering use decreedin 94CW101, Applicant constructed new indoor and outdoor equestrian arenas, barns, corrals, equipment sheds, and associatedequestrian facilities in the vicinity of the ponds. See Attached Figure 1. Construction of these facilities began shortly after Applicant


purchased the Ranch in 1998, and was mostly completed by the Fall of 2000. The cost of these equestrian facilities to date has been inexcess of $ 1,500,000. Applicant has used water from the Winegard ponds on occasion for stock watering purposes, and maintains thespecific intent to continue to put the water to use for stock purposes when the planned equestrian improvements on the Ranch arecompleted. 5. Request to make absolute the irrigation purpose of use: Water from the four Winegard Ponds has already been used toirrigate some of the landscaped areas described above and depicted on attached Figure 1. Specifically, Applicant installed a pump andpump housing in Pond No. 1 that takes water out of the ponds and into a sprinkler system to irrigate the landscaped area around thefour Winegard Ponds. Applicant estimates that water from the Ponds has been applied to irrigate approximately 3.5 acres of lawn andlandscaping. All of this irrigation occurred in the South 1/2 of the NE 1/4 of Section 26, Township 4 South, Range 78 West of the 6th

P.M. as illustrated on attached Figure 1. Water was pumped from the Winegard Ponds for this irrigation purpose in 1995, 1996, 1997,1998, 1999, and 2000. Water has also been used for stock water purposes. Specifically, in at least one year during this diligenceperiod, stock have watered from water stored in the Ponds. WHEREFORE, Applicant requests that: A. The conditionally decreedirrigation use be decreed absolute. To the extent not made absolute, Applicant requests a finding of reasonable diligence. B. Theconditionally decreed stock water use be decreed absolute. To the extent not made absolute, Applicant requests a finding ofreasonable diligence. (6 pages)

58. 01CW123 SQUAW CREEK METROPOLITAN DISTRICT, a Colorado metropolitan district; KENSINGTONPARTNERS, a Colorado general partnership; STAG GULCH PARTNERS, a Colorado general partnership; GALENA PARTNERS, aColorado general partnership; GOSHAWK DEVELOPMENT LLC, a Colorado limited liability company; and CORDILLERAMETROPOLITAN DISTRICT, a Colorado metropolitan district, c/o Harvey W. Curtis, Esq.1441 18th Street, Suite 200, Denver,Colorado 80202, Telephone: 303-292-1144. APPLICATION FOR CHANGE OF WATER RIGHTS IN THE EAGLE RIVERAND ITS TRIBUTARIES, IN EAGLE COUNTY. 2. PURPOSE OF THIS APPLICATION: Similar to the application filed bythe Upper Eagle Regional Water Authority in Case No. 00-CW-083 for the Authority's water rights, Applicants seek the right to divertthe Applicants' water rights described in Paragraph 3, below, at the following additional alternate point of diversion: 2.a. Name ofStructure: Edwards Water Facility. 2.b. Legal Description of alternate point of diversion: A point on the northerly bank of theEagle River, located in the NW quarter of the SW quarter of Section 4, Township 5 South, Range 82 West of the 6th P.M., EagleCounty, more particularly described as follows: from a found 3 1/4” aluminum cap stamped “Alpine Eng. 1993” marking the SWcorner of said Section 4, thence along the West line of said Section 4 N. 02 degrees 04 minutes 29 seconds E., a distance of 1325.85feet to a found 2 1/2” aluminum cap stamped “Alpine Eng. LS 23048” marking the S. one-sixteenth corner of Sections 4 and 5; thencecontinue along said West line N. 02 degrees 04 minutes 29 seconds E., a distance of 90.13 feet; thence departing said West line S. 87degrees 55 minutes 31 seconds E., a distance of 603.23 feet to the herein described diversion point, from which said SW corner of saidSection 4 bears S. 25 degrees 08 minutes 58 seconds W., 1539.12 feet. 3. The water rights which will be diverted at the additionalalternate point of diversion are described in the following table. No changes of decreed types of use or decreed places of use aresought for the following described water rights: Decreed Right: Squaw Creek Recreation Wellfield and 15 wells; Approp. Date:11/30/1985; Adjud. Date: 08/18/1987; Rate: 671 gpm conditional, 79 gpm absolute; Ac-Ft: 192.4; Case No.: 86CW153; Source:Groundwater tributary to Squaw Creek, Lake Creek and/or Eagle River; Legal Descriptions of Points of Diversion / Places of Storage:Boundaries of the Wellfield are described in the decrees in Case No. 86CW153, as amending by addition of lands in Cases Nos.87CW310 and 89CW217. Said water rights may be diverted at the Metcalf Headgate and the Raw Water Booster Pump Headgatepursuant to the decree in Case No. 91CW078. Decreed Right: Squaw Creek Recreation Reservoirs Nos. 6 through 8; Approp. Date:11/30/1985; Adjud. Date: 08/18/1987; Rate: NA; Ac-Ft: 10 each, conditional; Case No.: 86CW153; Source: Squaw Creek, UnnamedTributaries of Squaw Creek, and groundwater; Legal Descriptions of Points of Diversion / Places of Storage: Pursuant to the decree inCase No. 86-CW-153, the locations of SCR Reservoirs Nos. 6 through 8 are as follows: By the decree in Case No. 91-CW-078, thelocations of the proposed SCR Reservoirs Nos. 6 through 8 were changed to the Cordillera Village Center at the following locations:Reservoir No. 6 is now located in Government Lot 15 in the SE quarter of Section 1, Township 5 South, Range 83 West of the 6thP.M.; Reservoir No. 7 is now located in Government Lot 20 in the SE quarter of Section 1, Township 5 South, Range 83 West of the6th P.M.; Reservoir No. 8 is now located in Government Lot 19 in the SE quarter of Section 1, Township 5 South, Range 83 West ofthe 6th P.M. Said water rights may be diverted at the Metcalf Headgate and the Raw Water Booster Pump Headgate pursuant to thedecree in Case No. 91CW078. Decreed Right: Cordillera Reservoirs Nos. 1 through 6; Approp. Date: 11/19/1987; Adjud. Date:07/22/1988; Rate: NA; Ac-Ft: 10 each, conditional except 7.5. absolute for Reservoir No. 1; Case No.: 87CW309; Source: SquawCreek and its tributaries and groundwater tributary to Squaw Creek; Legal Descriptions of Points of Diversion / Places of Storage:Cordillera Reservoir No. 1 is located in Section 12, Township 5 South, Range 83 West of the 6th P.M., the approximate center of saidreservoir being located at a point 1,763 feet south of the north section line and 3,472 feet west of the east section line in the SE quarterof the NW quarter of said section; Cordillera Reservoir No. 2 is located in Section 12, Township 5 South, Range 83 West of the 6thP.M., the approximate center of said reservoir being located at a point 1,334 feet south of the north section line and 2,850 feet west ofthe east section line in the SW quarter of the NE quarter of said section; Cordillera Reservoir No. 3 is located in Section 1, Township 5South, Range 83 West of the 6th P.M., the approximate center of said reservoir being located at a point 123 feet north of the south


section line and 450 feet east of the west section line in the SW quarter of the SW quarter of said section; Cordillera Reservoir No. 4 islocated in Section 1, Township 5 South, Range 83 West of the 6th P.M., the approximate center of said reservoir being located at apoint 985 feet north of the south section line and 1,830 feet west of the east section line in the SW quarter of the SE quarter of saidsection; Cordillera Reservoir No. 5 is located in Section 12, Township 5 South, Range 83 West of the 6th P.M., the approximate centerof said reservoir being located at a point 1,453 feet north of the south section line and 1,982 feet east of the west section line in the NEquarter of the SW quarter of said section; and Cordillera Reservoir No. 6 is located in Section 14, Township 5 South, Range 83 Westof the 6th P.M., the approximate center of said reservoir being located at a point 1,380 feet south of the north section line and 2,350feet west of the east section line in the NW quarter of the NE quarter of said section. Said water rights may be diverted at the MetcalfHeadgate and the Raw Water Booster Pump Headgate pursuant to the decree in Case No. 91CW078 and in Case No. 91CW077.Decreed Right: SCR Diversion Points Nos. 1 through 4; Approp. Date: 05/05/1989; Adjud. Date: 10/11/1990; Rate: 5 cfs at each pointconditional; Ac-Ft: NA; Case No.: 89CW218; Source: West Lake Creek and Squaw Creek; Legal Descriptions of Points of Diversion /Places of Storage: SCR Diversion Point No. 1 is located on West Lake Creek at a point whence the NE corner of Section 7, Township5 South, Range 82 West of the 6th P.M. bears North 88 degrees 15 minutes East at a distance of 1,100 feet; SCR Diversion Point No.2 is located on Squaw Creek at a point whence the SW corner of Section 13, Township 5 South, Range 83 West of the 6th P.M. bearsSouth 8 degrees 35 minutes West at a distance of 2,990 feet; SCR Diversion Point No. 3 is located on Squaw Creek at a point whencethe SW corner of Section 13, Township 5 South, Range 83 West of the 6th P.M. bears South 10 degrees 30 minutes West at a distanceof 2,810 feet; and SCR Diversion Point No. 4 is the headgate of the Graham Ditch located at a point on Squaw Creek whence the SEcorner of Section 23, Township 5 South, Range 83 West of the 6th P.M. bears South 24 degrees 30 minutes East at a distance of 1,650feet. Said water rights may be diverted at the Metcalf Headgate and the Raw Water Booster Pump Headgate pursuant to the decree inCase No. 91CW078 and in Case No. 91CW077. Decreed Right: SCR Diversion Points Nos. 5 through 7; Approp. Date: 4/26/1990;Adjud. Date: 01/03/1992; Rate: 5 cfs total* conditional; Ac-Ft: NA; Case No.: 91CW076; Source: Squaw Creek; Legal Descriptionsof Points of Diversion / Places of Storage: SCR Diversion Point No. 5 is located at or below the headgate of the Dora B. Ditch, at apoint on Squaw Creek described as follows: a point in the NE quarter of the SE quarter of Section 2, Township 5 South, Range 83West of the 6th P.M., from which the SE Corner of Section 2 bears S 9 degrees 15 minutes E a distance of approximately 2,250 feet.SCR Diversion Point No. 6 is located at or below the headgate of the Henderson Ditch at a point on Squaw Creek described asfollows: a point in the SE quarter of the SE quarter of Section 2, Township 2 South, Range 83 West of the 6th P.M., from which theSE Corner of Section 2 bears S 44 degrees 30 minutes E a distance of approximately 1,200 feet. SCR Diversion Point No. 7 is locatedat a point on Squaw Creek described as follows: in the SE quarter of the SE quarter of Section 11, T.5S., R.83W. of the 6th P.M., 80feet West of the East Section Line and 4,575 feet South of the North Section Line. Said water rights may be diverted at the MetcalfHeadgate and the Raw Water Booster Pump Headgate pursuant to the decree in Case No. 91CW078 and in Case No. 91CW077.Decreed Right: Eagle River Diversion Points Nos. 1, 2, and 3; Approp. Date: 4/26/1990; Adjud. Date: 01/03/1992; Rate: 5 cfs total*conditional; Ac-Ft: NA; Case No.: 91CW076; Source: Eagle River; Legal Descriptions of Points of Diversion / Places of Storage:Eagle River Diversion Point No. 1 is located on the south bank of the Eagle River at a point described as follows: at a point fromwhich the Southeast Corner of Section 36, Township 4 South, Range 83 West of the 6th P.M. bears S.56 degrees 00 minutes E. adistance of approximately 3,840 feet. Eagle River Diversion Point No. 2 is located on the south bank of the Eagle River at a pointfrom which the southeast corner of Section 36, Township 4 South, Range 83 West of the 6th P.M. bears S.53 degrees 15 minutes E, adistance of approximately 3,050 feet. Eagle River Diversion Point No. 3 is located on the south bank of the Eagle River at a pointdescribed as follows: a point on the south bank of the Eagle River in Section 6, Township 5 South, Range 82 West of the 6th P.M., 30feet south of the North section line and 880 feet east of the West section line. Said water rights may be diverted at the MetcalfHeadgate and the Raw Water Booster Pump Headgate pursuant to the decree in Case No. 91CW078 and in Case No. 91CW077.Decreed Right: Stag Gulch Diversion Points Nos. 1 through 5; Approp. Date: 4/26/1990; Adjud. Date: 01/03/1992; Rate: 5 cfs total*conditional; Ac-Ft: NA; Case No.: 91CW076; Source: Stag Gulch, Red Draw and Stag Creek; Legal Descriptions of Points ofDiversion / Places of Storage: Stag Gulch Diversion Point No. 1 is located on Stag Gulch, a tributary of Squaw Creek, a tributary ofthe Eagle River, at a point located in Section 14, Township 5 South, Range 83 West of the 6th P.M., from which the NW Corner ofsaid Section 14 bears N 21 degrees 45 minutes W a distance of approximately 3,500 feet. Stag Gulch Diversion Point No. 2 is locatedon Stag Creek, a tributary of Squaw Creek, a tributary of the Eagle River, at a point located in Section 14, Township 5 South,Range 83 West of the 6th P.M., from which the NW Corner of said Section 14 bears N 06 degrees W a distance of approximately1,660 feet. Stag Gulch Diversion Point No. 3 is located on Stag Creek, a tributary of Squaw Creek, a tributary of the Eagle River, at apoint located in Section 15, Township 5 South, Range 83 West of the 6th P.M., from which the NE Corner of said Section 15 bearsN 09 degrees E a distance of approximately 2,450 feet. Stag Gulch Diversion Point No. 4 is located on Red Draw, a tributary ofSquaw Creek, a tributary of the Eagle River, at a point located in Section 15, Township 5 South, Range 83 West of the 6th P.M., fromwhich the NE Corner of said Section 15 bears N 62 degrees E a distance of approximately 1,650 feet. Stag Gulch Diversion Point No.5 is located on Red Draw, a tributary of Squaw Creek, a tributary of the Eagle River, at a point located in Section 10, Township 5South, Range 83 West of the 6th P.M. from which the SE Corner of said Section 10 bears S 34 degrees15 minutes E a distance ofapproximately 420 feet. Said water rights may be diverted at the Metcalf Headgate and the Raw Water Booster Pump Headgate


pursuant to the decree in Case No. 91CW078 and in Case No. 91CW077. Decreed Right: Stag Gulch Wellfield and 35 Wells; Approp.Date: 4/26/1990; Adjud. Date: 01/03/1992; Rate: 250 gpm, absolute, 200 gpm, conditional; Ac-Ft: NA; Case No.: 91CW077; Source:Groundwater tributary to Eagle River or Squaw Creek; Legal Descriptions of Points of Diversion / Places of Storage: Boundaries ofthe wellfield are described in the decree in Case No. 91CW077, as amended by addition of lands in Case No. 96CW021. DecreedRight: Graham Ditch Senior Water Rights; Approp. Date: 06/22/1904; Adjud. Date: 02/27/1911; Rate: 1.5 cfs; Approp. Date:06/10/1914; Adjud. Date: 4/15/1920; Rate: 3.0 cfs; Case No.: 91CW077; Ac-Ft: 320.3; Source: Squaw Creek; Legal Descriptions ofPoints of Diversion / Places of Storage: The headgate of the Graham Ditch is located at a point on Squaw Creek whence the SE Cornerof Section 23, Township 5 South, Range 83 West of the 6th P.M. bears S 24 degrees 30 minutes E a distance of 1,650 feet. Said waterrights may be diverted at the Metcalf Headgate and the Raw Water Booster Pump Headgate pursuant to the decree in Cases Nos.91CW077 and 91CW078. Decreed Right: Dora B Ditch; Approp. Date: 11/01/1892; Adjud. Date: 06/29/1894; Rate: 1.0 cfs; Ac-Ft:7.8; Case No.: 91CW077; Source: Squaw Creek; Legal Descriptions of Points of Diversion / Places of Storage: The headgate of theDora B Ditch is located at a point on Squaw Creek in the NE quarter of the SE quarter of Section 2, Township 5 South, Range 83West of the 6th P.M., from which the SE Corner of Section 2 bears S 9 degrees 15 minutes E a distance of approximately 2,250 feet.Said water rights may be diverted at the Metcalf Headgate and the Raw Water Booster Pump Headgate pursuant to the decree in CasesNos. 91CW077 and 91CW078. Decreed Right: Henderson Ditch; Approp. Date: 06/28/1907; Adjud. Date: 02/27/1911; Rate: 0.9 cfs;Ac-Ft: 19.8; Case No.: 91CW077; Source: Squaw Creek; Legal Descriptions of Points of Diversion / Places of Storage: The headgateof the Henderson Ditch is located at a point on Squaw Creek in the SE quarter of the SE quarter of Section 2, Township 5 South,Range 83 West of the 6th P.M., from which the SE Corner of Section 2 bears S 44 degrees 30 minutes E a distance of approximately1,200 feet. Said water rights may be diverted at the Metcalf Headgate and the Raw Water Booster Pump Headgate pursuant to thedecree in Cases Nos. 91CW077 and 91CW078. Decreed Right: Graham Ditch 2nd Enlargement (Bearden Water Right); Approp.Date: 06/10/1916; Adjud. Date: 06/26/1922; Rate: 1.0 cfs; Ac-Ft: 21.0; Case No.: 96CW021; Source: Squaw Creek; LegalDescriptions of Points of Diversion / Places of Storage: The headgate of the Graham Ditch is located at a point on Squaw Creekwhence the SE Corner of Section 23, T. 5 S., R. 83 W. of the 6th P.M. bears S 24 degrees 30 minutes E a distance of 1,650 feet. Thiswater right has also been historically diverted at a second headgate on Squaw Creek, described as follows: At a point in the SWquarter of the NW quarter of Section 13, T. 5 S., R. 83 W., of the 6th P.M., located 1580 feet South of the North section line and 230feet East of the West section line. Said water rights may be diverted at the Metcalf Headgate and the Raw Water Booster PumpHeadgate pursuant to the decree in Case No. 91CW078 and Case No. 96CW021. Decreed Right: Eagle River and Lake CreekExchanges; Approp. Date: 12/19/1997; Adjud. Date: 08/28/1998; Rate: 2.9 cfs*, 5.0 cfs*; Ac-Ft: NA; Case No.: 97CW280; Source:Water diverted in exchange for above-listed water rights. Decreed Right: Laura A. Hockett Ditch; Approp. Date: 09/21/1893; Adjud.Date: 03/05/1901; Rate: 0.5 c.f.s.; Ac-Ft: 32.6; Case No.: 86CW153; Source: Brush Creek; Legal Descriptions of Points of Diversion /Places of Storage: The decreed point of diversion on Brush Creek is in the SW quarter NW quarter SE quarter of Section 5, T. 5 S. R.84 W. of the 6th P.M. Consumptive use credits in the amount of 32.6 acre-feet were originally decreed in Case No. 86-CW-153, datedAugust 18, 1987. These consumptive use credits were derived from a 0.5 c.f.s. interest in 3.6 c.f.s. of water originally decreed out ofBrush Creek, a tributary of the Eagle River, to the Laura A. Hockett Ditch on March 5, 1901, with an appropriation date ofSeptember 21, 1893. The use of the consumptive use credits is decreed for augmentation purposes on Cordillera Eastern Parcel andthe Cordillera Western Parcel by the previous decrees. Said water rights may be diverted at the Metcalf Headgate and the Raw WaterBooster Pump Headgate pursuant to the decree in Case No. 91CW078 and in Case No. 91CW077. Decreed Right: Hyde and BeckEnlargement and Extension of the J.M. Dodd ditch; Approp. Date: 05/01/1894; Adjud. Date: 12/08/1903; Rate: 1.49547 c.f.s.; Ac-Ft:81.88; Case No.: 91CW077, 91CW078; Source: Lake Creek; Legal Descriptions of Points of Diversion / Places of Storage:Consumptive use credits in the amount of 81.88 acre-feet (1.49547 c.f.s.) were decreed in Cases Nos. 80-CW-550 and 81-CW-061(consolidated) from the water right originally decreed to the Hyde and Beck Enlargement and Extension of the J.M. Dodd Ditch out ofLake Creek, tributary to the Eagle River, with an appropriation date of May 1, 1894 and an adjudication date of December 8, 1903, inCivil Action No. 417, District Court, Eagle County, Colorado. The use of these consumptive use credits was decreed foraugmentation purposes for the Cordillera Eastern Parcel and Western Parcel by the previous decrees. Said water rights may bediverted at the Metcalf Headgate and the Raw Water Booster Pump Headgate pursuant to the decree in Case No. 91CW078 and inCase No. 91CW077. Decreed Right: Smith and Pallister Ditch; Approp. Date: 06/10/1901; Adjud. Date: 03/17/1919; Rate: 0.458c.f.s.; Ac-Ft: 11.85; Case No.: 91CW077, 91CW078; Source: Lake Creek; Legal Descriptions of Points of Diversion / Places ofStorage: Consumptive use credits in the amount of 11.85 acre-feet (0.458 c.f.s.) were decreed by the District Court in and for WaterDivision No. 5, Colorado, in Consolidated Cases Nos. 81-CW-60 and 80-CW-549 from the water right originally decreed to the Smithand Pallister Ditch out of Lake Creek in Civil Action No. 706, District Court in and for Eagle County, Ditch No. 251, under priorityno. 340, with an appropriation date of June 10, 1901, and an adjudication date of March 17, 1919. The use of these consumptive usecredits was decreed for augmentation purposes on the Cordillera Eastern Parcel and the Cordillera Western Parcel by the previousdecrees. Said water rights may be diverted at the Metcalf Headgate and the Raw Water Booster Pump Headgate pursuant to thedecree in Case No. 91CW078 and in Case No. 91CW077. Decreed Right: Green Mountain Reservoir Water Contracts; Approp. Date:08/01/1935; Adjud. Date: 10/12/1955; Rate: NA; Ac-Ft: 563; Case No.: 86CW153, 91CW077, 91CW078; Source: Blue River and its


Tributaries; Legal Descriptions of Points of Diversion / Places of Storage: Applicants have rights under long-term contracts topurchase annually 563 acre-feet of water from the U.S. Bureau of Reclamation out of Green Mountain Reservoir for augmentationpurposes. Water rights which are the source of water available under these contracts are described as follows: Water rights decreedfrom the Blue River and its tributaries, including Elliott Creek by means of a diversion canal, with a priority date of August 1, 1935 inthe amount of 154,645 acre-feet and a 6,316 acre-feet refill right, for domestic, irrigation, generation of electrical energy and all otherbeneficial uses set forth in Senate Document No. 80, 75th Congress, First Session, and those uses otherwise contemplated by the BlueRiver decree, entered in consolidated cases, Civil Actions Nos. 2782, 5016, and 5017 by the United States District Court for theDistrict of Colorado on October 12, 1955. Green Mountain Reservoir is located in Summit County, Colorado, more particularly inparts or all of Sections 11, 12, 13, 14, 15, and 24, T.2S., R.80W. of the 6th P.M., and Sections 17, 18, 19, 20, 21, 28, 29, 33 and 34,T.2S., R.79W. of the 6th P.M. Water from Green Mountain Reservoir was decreed for augmentation purposes for the CordilleraEastern Parcel and the Cordillera Western Parcel by the previous decrees. Said water rights may be diverted at the Metcalf Headgateand the Raw Water Booster Pump Headgate pursuant to the decree in Case No. 91CW078 and in Case No. 91CW077. Decreed Right:Sarah M Ditch; Approp. Date: 05/01/1892; Adjud. Date: 06/29/1894; Rate: 0.4 c.f.s.; Ac-Ft: 33.9*; Case No.: 97CW280; Source:Squaw Creek; Legal Descriptions of Points of Diversion / Places of Storage: On the right (east) bank of Squaw Creek at point fromwhence the NW corner of Section 1, Township 5 South, Range 83 West of the 6th P.M. bears S. 74 degrees 54 minutes 14 seconds W.2328 feet. Said water rights may be diverted at the Metcalf Headgate and the Raw Water Booster Pump Headgate pursuant to thedecree in Case No. 97CW280. Decreed Right: Minnie V Ditch; Approp. Date: 4/15/1902; Adjud. Date: 02/27/1911; Rate: 1.5 c.f.s.;Ac-Ft: 27.2*; Case No.: 97CW280; Source: Squaw Creek; Legal Descriptions of Points of Diversion / Places of Storage: On the right(east) bank of Squaw Creek, at a point from whence the NE corner of Section 14, Township 5 South, Range 83 West of the 6th P.M.bears North 8 degrees 59 minutes 20 seconds West 1602 feet. On the left (west) bank of Squaw Creek, at a point whence the NEcorner of Section 14, Township 5 South, Range 83 West of the 6th P.M. bears South 10 degrees 31 minutes 49 seconds East 644 feet.Said water rights may be diverted at the Metcalf Headgate and the Raw Water Booster Pump Headgate pursuant to the decree in CaseNo. 97CW280. Decreed Right: Ruby Ditch; Approp. Date: 07/01/1912; Adjud. Date: 06/05/1916; Rate: 1.0 c.f.s.; Ac-Ft: 45.4*; CaseNo.: 97CW280; Source: Stag Creek (aka Stag Gulch); Legal Descriptions of Points of Diversion / Places of Storage: At a point onStag Creek, a/k/a Stag Gulch, from whence the NE corner of Section 14, Township 5 South, Range 83 West of the 6th P.M. bearsNorth 58 degrees 30 minutes 17 seconds East 2,549 feet. Said water rights may be diverted at the Metcalf Headgate and the RawWater Booster Pump Headgate pursuant to the decree in Case No. 97CW280. Footnotes: (1) Metcalf Headgate legal: The MetcalfHeadgate located on the north bank of the Eagle River in Section 7, Township 5 South, Range 81 West of the 6th P.M. at a point fromwhich the SE Corner of the SW quarter of said Section 7 bears S. 53 degrees 00 minutes 40 seconds E. 1,446 feet. (2) Raw WaterBooster Pump Headgate legal: The Raw Water Booster Pump Headgate, located at a point on the north bank of the Eagle River at apoint from which the SW Corner of the NW quarter of Section 12, Township 5 South, Range 82 West of the 6th P.M. bears S. 18degrees 01 minutes 34 seconds W. 1,551.13 feet. (3) Previous decrees: By this Application, the Applicants seek to amend their plansof augmentation decreed (collectively the “Previous Decrees”) by this Court in: (1) Case No. 86-CW-153 on August 18, 1987 asamended by this Court's decrees in Cases Nos. 87-CW-310 on July 22, 1988, 89-CW-217 on October 11, 1990, 91-CW-078 onJanuary 3, 1992, 95-CW-041 on March 11, 1996, and 97-CW-280 on August 28, 1998; and in (2) Case No. 91-CW-077 on January 3,1992 as amended by this Court's decrees in Cases Nos. 95-CW-040 on March 11, 1996, 96-CW-021 on May 24, 1996 and 97-CW-280on August 28, 1998; these plans were consolidated by the decree in Case No. 97-CW-280, and are subject to a decree in Case No. 99-CW-170 and the decree in Case No. 00-CW-011.Other Notes: NA = Not Applicable. * = See Decree for diversions limitations. (9pages, 0 pages of exhibits).

59. 01CW124 GRAND COUNTY – WATER DISTRICT NO. 5. (1) Andrew and Rebecca Arnold, Box 626, Tabernash,Colorado 80478, (970) 726-5281. (2) c/o John D. Walker, Cazier and McGowan, Box 500, Granby, Colorado 80446, (970) 887-3376.(3) Arnold Well No. 1. (4) APPLICATION FOR PLAN FOR AUGMENTATION INCLUDING EXCHANGE (5) Source:Underground Water tributary to Crooked Creek, tributary to Fraser River, tributary to the Colorado River. (6) Location: Arnold WellNo. 1 is located in Lot 12, Sect. 1, T1S, R76W of the 6th P.M., more particularly described in application. (7) Use: In-house, livestockwatering and irrigation. (8) Type of Structure: Well. (9) Quanity: Maximum pumping rate of 15 gpm. (10) Depth of well: unknown.(11) Water right which will be used as a source of exchange water: Depletions will be augmented with Wolford Mountain water orGranby Reservoir water. Applicant has applied with the Middle Park Water Conservancy District for a Water Allotment Contract toprovide Applicant the right to an annual entitlement of up to 2.0 ac/ft of Wolford Mountain Reservoir a/k/a Gunsight Pass Reservoirlocated on the Muddy Creek, SW1/4 NE1/4 Sec. 25, T2N, R81W, 6th P.M., Grand County, CO decreed 87CW283 or Windy Gapwater from Granby Reservoir as provided in decree C.A.1768, Water Division No. 5 and 85CW135. (12) Statement of plan foraugmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8): (a) Water Requirements. Applicantspropose to use this well to provide the in-house water supply for a single family residence, live stock watering of up to 12 horses, and1.93 acres of irrigation. The annual consumptive use for the development will not exceed 2.0 af/yr. (b) Plan for Augmentation.Arnold Well No. 1 will be fully augmented by releases of either Windy Gap water or Wolford Mountain water. Applicant requests


approval of plan finding plan will not cause injury, date of exchange April 18, 2001 (the date water allotment contact application wasreceived by Middle Park), issuance of well permit, and well can be used for year round use. (12 pages)

60. 01CW125 MESA COUNTY - DRAINAGE OF KIMBALL CREEK, PLATEAU CREEK, COLORADORIVER. Elizabeth S. Barber, 18842 Kimball Creek Road, Collbran, CO 81624, (970) 487-3193. Please direct all pleadings andcorrespondence in this matter to: Law Office of Rosemarie Heidenreich Parker, P.O. Box 489, Mesa, CO 81643, (970) 268-5085.Application for Water Rights (Surface). Name of Structure: Bittsy Spring. Location: N1/2NE1/4 Sec. 14, T. 9 S., R. 95 W., 6th P.M.at a point 399 feet North and 118.5 feet West of the Southeast corner of said N1/2NE1/4 Sec. 14. Appropriation: September 1, 1997by construction of a pond. Amount: .011 cfs, absolute. Use: stock water, storage for stock and irrigation, irrigation. (4 pages)

61. 01CW126 RIO BLANCO COUNTY – WHITE RIVER. Terry Smalec; 873 County Rd. 101; Rangely, CO 81648 970-675-2355. Smalec Pump Site – Application for Water Rights (Surface). Location: Smalec Pump site bears S61º 07’12”E 2399.63’from West ¼ Corner of Section 31, T2N, R101W, 6th P.M. Pump is 1570.88’ from south section line and 2141.60’ from West sectionline. Pump is located in the NE1/4SW1/4 of Section 31, T2N, R101W, 6th P.M. Rio Blanco County, CO. Appropriation: March 2,2000. Amount: 0.2 cfs, absolute. Use: irrigation of 1.6 acre lot. (4 pages)

62. 01CW127 - GARFIELD, EAGLE, SUMMIT AND PITKIN COUNTIES - CATTLE CREEK, TRIBUTARY TOROARING FORK RIVER, TRIBUTARY TO COLORADO RIVER. Patricia Moss, c/o Lori J.M. Satterfield, Esq., Balcomb&Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602. Application for Ground Water Right, Surface Water Right, and PlanFor Augmentation. Claim for Ground Water Right. Moss Well. Legal description: NW¼NE¼, Sec. 17, T. 7 S., R. 88 W., 6th P.M.at a point 1,320 ft. from E. line and 1,195 ft. from N. line of said Sec. 17, in Garfield Cty. Depth: 30 ft. Date of initiation ofappropriation: 5/1/1973 as to absolute domestic use in single-family dwelling (refer to exempt well permit no. 59954); 4/2/2001 as toconditional irrigation use. How appropriation was initiated: as to absolute use, by diversion of water and application to beneficial usefor domestic purposes; as to conditional use, by field investigation, formation of intent to appropriate water for irrigation, consultationwith engineer, and purchase of property. Date water applied to beneficial use: 5/1/1973 as to absolute use; N/A as to conditional use.Amount claimed: 0.033 cfs (15 gpm); absolute for domestic use; conditional for irrigation use. Use or proposed use: domestic in asingle-family dwelling; irrigation. Number of acres historically irrigated: N/A; Number of acres proposed to be irrigated: 0.39 acreof nursery stock; and 3,000 square ft. of lawn and garden; located on an approximately 2-acre parcel in the NW¼NE¼, Sec. 17, T. 7S., R. 88 W., 6th P.M. The property is more particularly described in Exhibit A, on file with the Court. Name of owner of land onwhich point of diversion and place of use are located: Applicant. The well will serve an individual residential site, and the pumpingrate will not exceed 15 gpm. Therefore, in accordance with C.R.S. § 37-90-137 (2)(b), no hearing by the State Engineer shall berequired with respect to wells, if any, located within 600 ft. of the Moss Well, and no notice, other than the resume notice, of thisApplication is required. Applicants understand that an approved substitute supply plan or decreed augmentation plan is required topermit and operate the Moss Well as a fee well. Applicants reserve the right to operate under the existing exempt well permit no.59954 until the well is repermitted as a fee well, and also reserve the right to reapply for and obtain an exempt well permit, consistentwith well permit no. 59954, if Applicants cease to use the Moss Well (fee well) for any reason. The Moss Well is locatedapproximately 50 ft. from Cattle Creek and therefore can be administered as a surface diversion without regard to delayed impacts. Amap depicting the location of the well and the property to be served is Exhibit B, on file with the Court. Claim for Surface WaterRight. Moss Pump and Pipeline. Legal description: NW¼NE¼, Sec. 17, T. 7 S., R. 88 W., 6th P.M., at a point 1,360 ft. from E.section line and 1,320 ft. from N. sec. line of said Sec. 17, in Garfield Cty. Date of initiation of appropriation: 4/2/2001. Howappropriation was initiated: by field investigation, formation of intent to appropriate water for irrigation, consultation with engineerand purchase of property. Date water applied to beneficial use: N/A. Amount claimed: 0.055 cfs (50 gpm), conditional. Use orproposed use: irrigation of the same area described above. The irrigation may occur under any one or a combination of the MossWell and Moss Pump and Pipeline. Name of owner of land on which point of diversion and place of use are located: Applicant.Claim for Approval of Plan for Augmentation. Structures to be augmented: Moss Well and Moss Pump and Pipeline. Water rights tobe used for augmentation: (1) Park Ditch and Reservoir Company water rights, pursuant to contract with Carbondale LandDevelopment Company (“CLDC”). The Applicants are the owners of an option to perpetually lease 1.0 AF of historic consumptiveuse decreed in Case No. 79CW097, Water Div. No. 5. The 1.0 AF of adjudicated historic consumptive use is derived from water rightsdecreed to the Park Ditch and Reservoir Company. The Park Ditch and Reservoir Company diverts water from Cattle Creek under thefollowing water rights: Park Ditch Water Rights information is given here in order of decreed amount, priority no., decreed location,adjudication date, appropriation date and C.A.: 9.0 cfs, 221A, NW/SW/SE, Sec. 7, T. 7 S., R. 87 W., 6/26/1913, 9/12/1904, C.A.1627; 4.1 cfs, 232, NW/SW/SE, Sec. 7, T. 7 S., R. 87 W., 6/9/1916, 7/1/1912, C.A. 1821; 1.8 cfs, 221A, NW/SW/SE, Sec. 7, T. 7 S,R. 87 W, 4/16/1917, 9/12/1904, C.A. 1627, 2.0 cfs, 232, NW/SW/SE, Sec. 7, T. 7 S., R. 87 W., 9/5/1918, 7/1/1912, C.A. 1973. Directflow diversions under the shares in the Park Ditch and Reservoir Company are supplemented by releases from ConsolidatedReservoir. This reservoir operates under the following decreed priorities, with information given here in the order of decreed amount,priority no. decreed location, adjudication date, appropriation date, C.A.: 595.0 AF, 8B, NE/NE, Sec. 19, T. 6 S., R. 87 W, 2/15/1921,9/8/1898, C.A. 2144; 285.6 AF, 678, NE/NE, Sec. 19, T. 6 S., R. 87 W, 6/20/1958, 9/1/1948, C.A. 4613; 401.0 AF, 654, NE/NE, Sec.19, T. 6 S., R. 87 W., 11/5/1971, 9/1/1948, C.A. 5884. Historic use: The historic use associated with Applicants’ 1.0 AF of historic


consumptive use was adjudicated and determined in Case No. 79CW097 in the Dist. Court in and for Water Div. No. 5. (2)Reservoirreleases pursuant to contract with Basalt Water Conservancy District (“BWCD”). Applicant has applied to BWCD for a waterallotment contract in the amount of 0.1 AF, which will be served by releases from Ruedi Reservoir and/or Green Mountain Reservoir,pursuant to BWCD’s contracts with the U.S. Dept. of Interior, Bureau of Reclamation. Information from previous decree for RuediReservoir: Legal description: an on-channel reservoir located in Secs. 7, 8, 9, 11, and 14 through18, T. 8 S., R. 84 W. of the 6th P.M.Located in portions of Eagle and Pitkin Counties. Adjudication Date: 6/20/1958. Appropriation Date: 7/29/1957. Case No.: C.A.4613. Garfield Cty. Dist. Court. Decreed Amount: 102,369 AF (Originally decreed for 140,697.3 AF; reduced to 102,369 AF inCase No. W-789-76). Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. Bydecree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF, conditional.In Water Court Case No. 95CW95, 44,509 AF was made absolute. Information from previous decree for Green Mountain Reservoir:Legal description: located approximately 16 miles SE of the Town of Kremmling in Summit Cty., Colorado, and more particularly inall or parts of Secs. 11, 12, 13, 14, 15, and 24 of T. 2 S., R. 80 W., and in Secs. 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W. ofthe 6th P.M. Adjudication Date: 10/12/1955. Appropriation Date: 8/1/1935. Case No.: 2782, 5016, and 5017; Court: U.S. Dist.Court, Dist. of Colorado. Decreed Amount: 154,645 AF. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of thesection entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Statement of plan foraugmentation: Water will be diverted from the Moss Well on a year-round basis for domestic use for a single-family dwelling, andduring the irrigation season for irrigation purposes. Irrigation will also occur under the Moss Pump and Pipeline. The augmentationplan is based upon the assumption that the single-family home will require an average of 280 gallons per day (GPD), based upon 3.5persons using 80 GPD each. Wastewater treatment is by individual septic tank leach field system with an estimated depletion rate of15% of the domestic well diversions. Applicant has calculated the water requirements and consumptive use to irrigate 3000 squarefeet of lawn and garden and 0.39 acre of nursery stock. The projected irrigation demand is 2.366 AF per acre, based upon Blaney-Criddle methodology, assuming an 80% irrigation efficiency. The irrigation consumptive use augmented under this plan is projectedto be approximately 0.97 AF, which includes a 5% transit loss for the augmentation delivery. Exhibit C (on file with the Court) setsforth the monthly depletion demand and depletion amounts for the above-described uses. The total annual projected diversionrequirement is approximately 1.45 AF, and the total annual projected consumptive use to be augmented is approximately 1.0 AF,including an estimated 5% transit loss. During the month of Nov. through April, inclusive (the “nonirrigation season”), augmentationwill be provided under the contract with BWCD by releases from Ruedi Reservoir and/or Green Mountain Reservoir. During themonth of May through Oct., inclusive (the “irrigation season”), augmentation water will be provided under the contract with CLDC.The above-described augmentation plan will allow for the uninterrupted diversions of the subject water rights, and will prevent injuryto other vested and decreed conditional water rights. (9 pages)

63. 01CW128 - EAGLE COUNTY - IN THE MORRISON FORMATION, TRIBUTARY TO THE EAGLE RIVER. BearGulch Homeowners Association, Inc. (“Association”) on behalf of itself and its members Heidi Jouflas, Eric M. Berg, Charles M.Gately, Nicholas O. Gerard, Patricia L. Gerard, ABHW Partners LLC, and William R. Hibbs. c/o Lori J.M. Satterfield, Balcomb &Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546, counsel for the Association. APPLICATION FORFINDING OF REASONABLE DILIGENCE AND TO MAKE CERTAIN WATER RIGHT ABSOLUTE. Name of structure andrespective owner: Bear Gulch Well No. 1-Heidi Palmer Jouflas; Bear Gulch Well No. 2-Heidi Palmer Jouflas; Bear Gulch Well No.3-Eric M. Berg; Bear Gulch Well No. 4-William R. Hibbs; Bear Gulch Well No. 5-ABHW Partners LLC; Palmer Well No. 1-CharlesGately; Palmer Well No. 2-Charles Gately; Palmer Well No. 3-Charles Gately; Palmer Well No. 4-Nicholas O. Gerard and Patricia L.Gerard. The Association is the homeowners’ association created for the benefit of the Bear Gulch Subdivision. Pursuant to the FirstAmendment to the Declaration of Protective Covenants, Conditions, Restrictions and Easements for Bear Gulch Subdivision, theAssociation is authorized to file this diligence application on behalf of its members, who own lots in the Subdivision. Informationfrom previous decree for subject conditional water rights: Date of Original Decree: 4/4/1995; Case No.: 94CW083; Water Court,Water Div. No. 5. Legal descriptions: Bear Gulch Well No. 1: NE¼ NW¼, Sec. 35, T. 4 S., R. 83 W., 6th P.M. at a point 4,150 ft.from the S. line and 2,760 ft. from the E. line of said Sec. 35. Bear Gulch Well No. 2: NE¼ NW¼, Sec. 35, T. 4 S., R 83 W, 6th P.M.at a point 4,420 ft. from the S. line and 2,650 ft. from the E. line of said Sec. 35. Bear Gulch Well No. 3: NW¼ NE¼, Sec. 35, T. 4S., R. 83 W., 6th P.M. at a point 4,750 ft. from the S. line and 2,200 ft. from the E. line of said Sec. 35. Bear Gulch Well No. 4:NW¼ NE¼, Sec. 35, T. 4 S., R. 83 W., 6th P.M. at a point 4,780 ft. from the S. line and 2,600 ft. from the E. line of said Sec. 35.Bear Gulch Well No. 5: NW¼ NE¼, Sec. 35, T. 4 S., R. 83 W., 6th P.M. at a point 5,100 ft. from the S. line and 2,100 ft. from the E.line of said Sec. 35. Palmer Well No. 1: SW¼ SE¼, Sec. 26, T. 4 S., R. 83 W., 6th P.M. at a point 1,160 ft. from the S. line and1,600 from the E. line of said Sec. 26. Palmer Well No. 2: SW¼ SE¼, Sec. 26, T. 4 S., R. 83 W., 6th P.M. at a point 550 ft. from theS. line and 1,920 ft. from the E. line of said Sec. 26. Palmer Well No. 3: SW¼ SE¼, Sec. 26, T. 4 S., R. 83 W., 6th P.M. at a point440 ft. from the S. line and 2,380 ft. from the E. line of said Sec. 26. Palmer Well No. 4: SW¼ SE¼, Sec. 26, T. 4 S., R. 83 W., 6thP.M. at a point 180 ft. from the S. line and 2,050 ft. from the E. line of said Sec. 26. Depth for all wells: Approximately 500 ft. Dateof Appropriation for all wells: 4/13/1994. Amount: 15 gpm (0.033 cfs) for each well, conditional. The average annual amount ofappropriated groundwater is 0.5 AF for each well. Proposed use: Domestic, including 2,500 square ft. of lawn and landscapeirrigation for each well. The subject wells are part of an integrated water supply plan for the Bear Gulch Subdivision. In the six years


preceding the filing of this Application, Applicants have diligently pursued development of the subject conditional water rights. TheApplication on file with the Court contains a detailed outline of the work performed during the diligence period. The Bear Gulch WellNo. 1 has been diverted and placed to beneficial use for the decreed purposes, and Applicants therefore request this Court’sconfirmation and decree that the water right has been made absolute. (6 pages)

64. 01CW129 EAGLE COUNTY, TONER CREEK, TRIBUTARY OF THE FRYING PAN RIVER. Bernard Rogers, c/oKevin Patrick, Patrick & Stowell, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, 970/920-1028. APPLICATION FORHEXENNIAL FINDING OF REASONABLE DILIGENCE. Name of structure: Smith Toner Ditch No. 2/Haas Enlargement.Description of conditional water right: Date of original Decree: April 3, 1995. Location: The headgate is located on the left bank ofToner Creek at a point whence the resurvey quarter section corner between Sections 2 and 3, Township 8 South, Range 86 West of the6th P.M. bears North 84°45’ East 1790 feet (Eagle County). Source: Toner Creek, a tributary of the Frying Pan River and its successorstreams, the Roaring Fork and Colorado Rivers. Appropriation date: August 1, 1991. Amount: 0.5 c.f.s., conditional. Use: Irrigation,stock watering, and for the delivery of water into storage within the Haas Pond (which hereafter may be filed by the Applicant).Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreedduring the relevant diligence period, including expenditures: During the hexennial diligence period, the Applicant states that theColorado Department of Wildlife (DOW) has been performing ditch maintenance on the shared ditch system (which is memorializedwith a written ditch easement agreement). The ditch maintenance work was completed by the DOW in the Spring of 2000. Since theSpring of 2000, Applicant has used the water for irrigation purposes, and is studying options for storage use on the property. If claimto make absolute, date, use and amount of water applied to beneficial use: N/A. Previous Diligence Proceeding: Case No. 91CW264,Water Division No. 5. (4 pages)

65. 01CW 130, APPLICATION FOR FINDING of DILIGENCE. Applicant: Kevin J. French, P. O. Box 2124, Edwards, CO81632, c/o Billie Burchfield, Attorney, P. O. Box 475, Parachute, CO 81635, (970) 285-7990. Structure: Beard Pond. Description ofcond. water rights: Beard Pond is located 1500 ft from W. Sec. line and 1050 ft from So. Sec. line of Sec. 15, T. 5 So., R. 85 W. ofthe 6th P.M. Source is Spring Creek trib. to Eagle River. Beard Pond first was granted 25.0 AF cond. for pond called the Beard-WhitePond, in case No. W-3689, to be used for irrig., municipal, domestic, fire protection, livestock water, piscatorial, and recreationalpurposes, approp. date Nov. 28, 1976. Diligence findings were made in Case No. 83CW6 and 87CW118 1991, pond was split byApplication for Change of water Rights, Case No. 91CW064. The Beard Pond established at a new location and 15.6 AF of originalright. Case No. 93CW121, the cont.11.6 AF as a cond. water and abandoned the municipal use. Activities performed: Applicant'spredecessor constructed/improved the Beard Pond to capacity for cond. Rights (table attached to application) and expended severalthousand dollars in development of cond. water right included but not ltd. to, payment of prof. fees, labor, loader to regrade pondbottom in May 1998 applied bentonite, and cleared add'l acres for irrig., irrigated app. 10 acres, stored water for fire protection,piscatorial and recreational uses. Applicant developed plans to complete the approp. by further irrig. nursery plants/trees. Applicantsask the Court enter a decree finding diligence and cont. the cond'l water right for the Beard Pond. (4 pages)

66. 99CW183 RIO BLANCO COUNTY – WHITE RIVER. James R. Brooks and Laurie J. Brooks: 1499 County Road 36;Meeker, CO 81641 970-878-3572. Brooks Springs #1 and Brooks Spring #2 – Application for Water Rights (Surface). Location: #1 –SE1/4SW1/4 Sec. 9, T. 1S. R. 93W., 6th P.M. 1607 feet east of west line and 1,270 feet north of southline, #2 – SE1/4SW1/4 Sec. 9, T.1S., R. 93W., 6th P.M., 2,750 feet east of the west line and 167 feet north of the south line. Appropriation: August 10, 1999. Amount:#1-0.00223 cfs, absolute, #2-0.00668 cfs, absolute. Use: livestock, wildlife and domestic. (4 pages)

67. 00CW120 GRAND COUNTY – COLORADO RIVER. Stephen and Joan Boyle; P.O. Box 1730, 440 Co. Rd. 466; GrandLake, CO 80447 970-627-1674. Moose Manor #1(Well Permit number 175868) – Amended Application for Underground WaterRight. Location: Lot 2 Shadow West 40 SE1/4NW1/4 Sec. 12, T. 3N., R. 76W., 6th P.M. approximately 3,035 feet north of Sec. 12south line and 2,990 feet west of Sec. 12 east line. Appropriation: December 18, 1993. Amount: 8 gpm, absolute. Use: household useonly, domestic well with disposal via engineered field. Usage is for ordinary household purposes inside one single-family dwelling.This well is permitted as an exempt pursuant to CRS 37-92-602(3)(b) (II) (A). Applicant wishes to proceed with this application for anunderground water right. This application also requests that the Court confirm and uphold exempt status of said well. (3 pages)

68. 00CW145 GARFIELD COUNTY – EAST ELK CREEK, MAIN ELK CREEK, COLORADO RIVER. Lynn E. Cass;0644 Westbank Rd.; Glenwood Springs, CO 81601 970-984-0647. East Elk Creek Pump – Amended Application for Water Rights(Surface). Location: NW1/4SE1/4 Sec. 13, T.5S., R.91W., 6th P.M. 2025 feet from the east sec. line and 1400 feet from the south sec.line. Appropriation: August 18, 2000. Amount: 0.05 cfs, absolute. Use: Irrigation of household lawn, landscaping, gardens and trees.(6 pages)

69. 00CW291, MESA AND GARFIELD COUNTIES, WALLACE AND SPRING CREEKS, COLORADO RIVER. John& Dorothy Nauroth c/o Mark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO, 81601, (970) 945-


6067, [email protected]. First Amended Application for Conditional Water Rights. The original Application in this matter is amendedto indicate that the diversion point for the Old Trusty Ditch is in Mesa County, not Garfield County, and that the location of the OldTrusty Ditch, Nauroth Enlargement, is as follows: on the N. bank of Wallace Creek at a point whence the ¼ Corner between Secs. 7and 18, T. 8 S., R. 95 W. of the 6th P.M. bears N. 18° W. 6,480 ft. All other aspects of the orig. Application remain the same. (4 pages)

70. 01CW05 MESA COUNTY – KIMBALL CREEK, COLORADO RIVER. Jerry Lee Kroeker; P.O. Box 142; Collbran,CO 81624 970-487-3417. Kroeker Spring #One and Kroeker Spring #Two – Application for Water Rights(Surface). Location andAmount: Spring #One- 312.62 feet east of the west Sec. line and 3190.28 feet south of the north line of Sec. 1, T. 9S., R. 95W., 6th

P.M. – 0.033 cfs, conditional; Spring #Two – 2140 feet east of the west sec. line and 3190.28 feet south of the north line of Sec. 1, T.9S., R. 95W., 6th P.M. – 0.010 cfs, conditional. Appropriation: July 26, 1999. Use: livestock, wildlife, domestic and irrigation. (4pages)

71. 01CW010 (94119) Garfield County, alluvium of Roaring Fork River, Water District 381. Applicant; Peter D. Nichols, P.O. Box 7535, Boulder, CO 803062. PDN Well No. 13. Application to make absolute a conditional water right4. Roaring Fork River, tributary to Colorado River5. T. 7S, R. 88W, 6th P.M., Sec. 29, Garfield County, CO6. domestic, livestock, and irrigation use7. well8. 15 gpm (2 pages)

72. 01CW36 RIO BLANCO COUNTY – GROUND WATER SPRING TO RENOLDS GULCH, FLAG CREEK TOWHITE RIVER. Robert B. and Jeannie Carol Dorsett; 127 Park St.; Meeker, CO 81641 970-878-3421. Dorsett Spring #1 –Application For Water Rights (Surface). Location: Sec. 1, T. 1S., R. 94W., 6th P.M. 45 feet south of north section line and 130 feeteast of west section line. Appropriation: June 10, 2000. Amount: 0.033 cfs (15 gpm), absolute. Use: 1 (one) family household anddomestic livestock. (3 pages)

73. 01CW40 GRAND COUNTY, SHEEP CREEK AND MUDDY CREEK Gallagher Ranch LLC, c/o William A. Paddock,Esq., Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln Street, Suite 3900, Denver, Colorado 80203-4539, Phone: (303) 861-9000. AMENDED APPLICATION FOR WATER RIGHTS. The original application is amended (1) to delete the claimedconditional water right for the Lodge Pond; (2) to add a claimed conditional water right for the North Fork Pump Station for 50 g.p.m.conditional located in the SE¼ of the NW¼ of Sec. 4, T1N, R81W of the 6th P.M. at a point whence the SE¼ of Sec. 32, T2N, R81Wbears N26�26'59" W a distance of 2,921.02 feet, State Plane Coordinates: NAD83 N-Zone: N 1,274,748, E 2,726,198, whose sourceis the North Fork of Sheep Creek, the claimed date of initiation of appropriation is April 23, 2001, the appropriation was initiated bythe formation of the intent to appropriate, by field inspection of the point of diversion, and other acts in furtherance of theappropriation, and the use is stock watering, fire protection, and irrigation of five acres in the NW¼ of Sec. 4, T1N, R81W; (3) tochange the location of the Lodge Well No. 1 to the SW¼ of the NW¼ of Sec. 4, T1N, R81W of the 6th P.M. at a point 912 feet fromthe West section line and 1,480 feet from the North section line, State Plane Coordinates: NAD83 N-Zone: N 1,274,825; E2,725,294; and (4) to correct the location of the Low Aspen Pond to the SE¼ of the NW¼ of Sec. 10, T1N, R81W of the 6th P.M. at apoint 1,619 feet from the West section line and 2,283 feet from the North section line of Sec. 10, State Plane Coordinates: NAD83 N-Zone: N 1,268,717; E 2,731,303. (15 pages)

74. 01CW41 GRAND COUNTY, SHEEP CREEK, MUDDY CREEK, RED DIRT CREEK, AND COLORADO RIVER,Gallagher Ranch LLC, c/o William A. Paddock, Esq., Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln Street, Suite 3900,Denver, Colorado 80203-4539, Phone: (303) 861-9000. AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS,APPROPRIATIVE RIGHTS OF EXCHANGE, AND PLAN FOR AUGMENTATION. The original application is amended (1)to delete the claimed alternate points of diversion to the Lodge Pond and the Kremmling North Feeder Ditch in subparagraphsI.3.A.(20) and (21) of the application; (2) to add the North Fork Pump Station, located in the SE¼ of the NW¼ of Sec. 4, T1N, R81Wof the 6th P.M. at a point whence the SE¼ of Sec. 32, T2N, R81W bears N26�26'59" W a distance of 2,921.02 feet as a new alternatepoint of diversion for the Red Dirt Valley Ditch, and to include the irrigation of 5 acres in the NW¼ of Sec. 4, T1N, R81W of the 6th

P.M.; (3) to revise the internal cross-references in the application to reflect the deletion of the Lodge Pond and the North KremmlingFeeder Ditch and inclusion of the North Fork Pump Station; (4) to correct the location of the Low Aspen Pond to the SE¼ of theNW¼ of Sec. 10, T1N, R81W of the 6th P.M. at a point 1,619 feet from the West section line and 2,283 feet from the North sectionline of Sec. 10, State Plane Coordinates: NAD83 N-Zone: N 1,268,717; E 2,731,303; (5) to add the North Fork Pump Station as apoint of exchange in part V.1.B.2. of the application; (6) to change the location of the Lodge Well No. 1 to the SW¼ of the NW¼ ofSec. 4, T1N, R81W of the 6th P.M. at a point 912 feet from the West section line and 1,480 feet from the North section line, State


Plane Coordinates: NAD83 N-Zone: N 1,274,825; E 2,725,294; (7) to correct the cross-references to upstream points of exchange insubparagraph V.1.B.(4) to refer to subparagraph V.1.B.(2)(a)-(i); (8) to correct the cross-reference in subparagraph V.2.B. to refer tosubparagraphs V.1.B.(2)(a)-(i); (9) to include in the Augmentation Plan the legal description of the Kids Pond located in the NE¼ ofthe SW¼ of Sec.14, T1N, R81W of the 6th P.M., and geographically the dam centerline is at Colorado State Plane Coordinates:NAD83 N-Zone: N1,261,670'; E 2,737,051; (10) to change the internal cross-reference in subparagraph VI.1.B. to refer tosubparagraph VI.1.A; and (11) to delete the 2 acre-feet of augmentation demand associated with the Lodge Pond. (21 pages, includingexhibits)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2001 to file with the Water Clerk inquadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted orwhy it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon theapplicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, asprescribed by Rule 5, CRCP. (Filing Fee: $45.00) PEGGY JORDAN, Water Clerk, Water Division 5; 109 8th Street, Suite104 Glenwood Springs, CO 81601.

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