DIVISION 5 WATER COURT- AUGUST 2012 RESUME

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW126 EAGLE COUNTY; Application for Change of Water Rights; Applicant: Town of Eagle; Please direct all correspondence to Applicant’s attorneys: Sherry A. Caloia, LLC, 1204 Grand Ave., Glenwood Springs, CO 81601, (970) 945-6067, scaloia@caloia.net, megeiger@caloia.net. Description of Water Rights to be changed to be diverted at alternate points of diversion for municipal uses: Consumptive use credit quantified for the Hat Creek Ditch as decreed in Case No 07CW227, District Court in and for Water Division No. 5, a copy of which is attached. Name of structure: Hat Creek Ditch. Original Decree: July 17, 1916, Civil Action No. 673, by the District Court in and for Eagle County, Colorado. Change Decree: April 12, 2012, Case No. 07CW227 by the District Court in and for Water Division No. 5. Original Decreed Point of Diversion: On the south bank of Hat Creek at a point whence the Southwest ¼ corner of Section 22, Township 6 South, Range 83 West of the 6th P.M., bears South 67˚ 45’ East 1,200 ft., in Eagle County, Colorado. Actual Point of Diversion: UTM, Zone 13, NAD 83, Easting 354853, Northing 4374878 (meters) (as confirmed in Case No. 07CW227). Changed Point of Diversion: As decreed in Case No. 07CW227, District Court in and for Water Division No. 5: Hat Creek Instream Flow (ISF) Reach Upper terminus: Hat Creek Ditch diversion point on Hat Creek: SE ¼ SW ¼, Section 22, Township 6 South, Range 83 West of the 6th P.M., at a point 1275 feet east of the west section line and 149 feet north of the south section line. Hat Creek ISF Reach Lower Terminus: Hat Creek Confluence with East Brush Creek: NE ¼ SW ¼, Section 22, Township 6 South, Range 83 West of the 6 th P.M., at a point 1748 feet east of the west section line and 2450 feet north of the south section line. East Brush Creek ISF Reach Upper Terminus: Hat Creek Confluence with East Brush Creek: NE ¼ SW ¼, Section 22, Township 6 South, Range 83 West of the 6 th P.M., at a point 1748 feet east of the west section line and 2450 feet north of the south section line. East Brush Creek ISF Reach Lower Terminus: East Brush Creek Confluence with Brush Creek: SW ¼ SW ¼, Section 7, Township 6 south, Range 83 West of the 6th P.M., at a point 298 feet east of the west section line and 447 feet north of the south section line. Source: Hat Creek, tributary to East Brush Creek, tributary to Brush Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation Date: March 6, 1914. Amount: 2.0 c.f.s,, absolute, quantified by decree in Case No. 07CW227, District Court in and for Water Division No. 5, as 18.2 acre-feet of historic consumptive use (HCU) per year. Uses: originally decreed for irrigation, changed to instream flow use in Case No. 07CW227, District Court in and for Water Division No. 5. Names and descriptions of structures the water rights described in paragraph 2, above, are to be changed to : Three Alternate points of diversion for the Town of Eagle described as follows: Town of Eagle Gravity Water System or the Town of Eagle Brush Creek Intake: decreed point of diversion on the easterly bank of Brush Creek whence Corner No. 4 of Tract 86, Sections 35 and 36, Township 5 South, Range 84 West of the 6th P.M. bears N 2649’20” E 1,062.99 feet; also described as a point in the SW1/4 NE1/4, Section 1, Township 6 South, Range 84 West, 6th P.M., 940 feet from the north section line and 2630 feet from the west section line. Town Lower Intake No. 1: the point of diversion will be located on Brush Creek in the SE1/4 NE1/4 Section 6, Township 5 South, Range 84 West of the 6th P.M. at a point 1735 feet from the North section line and 25 feet from the East section line of section 6. Town Lower Intake No. 2: the point of diversion will be located on the Eagle River in the SE1/4 NE1/4 of Section 6, Township 5 South, Range 84 West of the 6 th

P.M. at a point approximately 1665 Feet from the North section line and 195 feet from the East section line. Statement of Change of Water Right: Historical Use: The Hat Creek Ditch water right was historically diverted at the Hat Creek Ditch head gate for use to irrigate approximately 22 acres of land adjacent to East Brush Creek. By decree in Case No. 07CW227, this Court quantified the historical consumptive use associated with the Hat Creek Ditch water right as 18.2 acre feet per year, distributed as follows: Table 1: Hat Creek Ditch Historical Consumptive Use (in acre feet)

Month HCU (AF)

May 2.5

June 5.8

July 4.8

August 2.7

September 2.4The use of the Hat Creek Ditch water right was changed from irrigation uses to in stream flow use exclusively by the CWCB, pursuant to C.R.S. section 37-92-102(3), in Hat Creek and East Brush Creek. Water under that change of use will be beneficially used to supplement existing decreed in stream flow water rights on Hat Creek and East Brush Creek up to their respective decreed amounts. The CWCB will continue to use the Hat Creek Ditch water right as summarized below and in Table 2 for in stream flow purposes on the following stream reaches, pursuant to the decree entered in Case No. 07CW227: Hat Creek: The reach of Hat Creek from the head gate of the Hat Creek Ditch, downstream approximately 0.48 miles to the confluence with East Brush Creek. East Brush Creek: The reach of East Brush Creek from the confluence with Hat Creek downstream approximately 4.7 miles to the confluence with Brush Creek. Table 2: Flow Amounts Claimed for Changed Water Right (in c.f.s)(as decreed in Case No. 07CW227)

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 2

Month Hat CreekEast Brush Creek

Average Maximum

May 0.77 0.04 0.11

June 2.0 0.10 0.20

July 2.0 0.08 0.15

August 2.0 0.04 0.10

September 2.0 0.04 0.11The Town purchased the historic consumptive use associated with the Hat Creek Ditch water that will remain in Brush Creek after the CWCB’s use for in stream flow purposes, which place of use is below the confluence of East Brush Creek and Brush Creek. The Town will divert the historic consumptive use of the Hat Creek Ditch water right described above at any of the three alternate points of diversion as described Paragraph 3, herein, to use through its municipal system for municipal, commercial, industrial, irrigation, augmentation and domestic uses. Names and addresses of the owners of land upon which the points of diversion are located: Hat Creek Ditch: Colorado Division of Parks and Outdoor Recreation, Colorado Department of Natural Resources, 1313 Sherman Street, Room 718, Denver, CO 80203. Town of Eagle Diversion Points: Applicant. Additional information: Applicant is a municipality and has a large portfolio of water rights acquired to provide municipal water service to its residents and to various out-of Town properties with associated irrigation within the Town of Eagle in Eagle County. The Town of Eagle is generally located in Sections 24-29 and 32-34 inclusive, Township 4 South, Range 84 West and Sections 8-10, 15,16, 21 and 22, Township 5 South, Range 84 West, 6 th P.M. These boundaries may be expanded from time to time in the future. The Town will use the water for all municipal uses (including domestic, irrigation, commercial, industrial and augmentation purposes) within its service area as it currently exists and as it is expanded. A map of the Town’s service area, including potential expansion, is attached. The Town will make diversions, as set forth in Table 1 or Table 2, above, at the structures described in Paragraphs 3A, B, and C above into its water treatment plants in the amount of the historic consumptive use or changed flow amounts, as determined in Case No. 07CW227, District Court in and for Water Division No. 5, on a monthly basis for use for the Town’s water customers located in and around the Town of Eagle. The attached Figures 1 and 2 show the points of diversion and proposed places of use. (7 pages plus attachments).YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW127(04CW234), EAGLE COUNTY, COLORADO – Application for Finding of Reasonable Diligence, Waterford Ranch Spring Sp8-3, Wigder Enlargement; Wigder Spring No. 2; and Waterford Ranch Pond P8-2, Wigder Enlargement. Applicants: Herb and Catherine Wigder, 541 Pamela Court, West Chicago, IL 60185 c/o Edward B. Olszewski, P.O. Box 916, 214 8 th Street, Suite 210, Glenwood Springs, CO 81602. Names of Structures: Waterford Ranch Spring Sp8-3, Wigder Enlargement; Wigder Spring No. 2; and Waterford Ranch Pond P8-2, Wigder Enlargement. First Claim for Finding of Reasonable Diligence: Describe conditional water right: Waterford Ranch Spring Sp8-3, Wigder Enlargement; Date of Original Decree: August 3, 2006, Case No. 04CW234, Water Court, Water Division No. 5. Subsequent decrees awarding findings of diligence: N/A . Legal Description: The spring is located in the Northwest 1/4 of the Southwest 1/4 of Section 8, Township 3 South, Range 83 West of the 6 th P.M., at a point 850 feet from the West section line and 2,090 feet from the South section line of said Section 8. Source of Water: An unnamed spring tributary to Alkali Creek, tributary to the Eagle River. Appropriation Date: September 25, 1997. Amount: 0.11 c.f.s decreed absolute for wildlife propagation and pond filling, and conditional for domestic (seasonal cabin), irrigation, stockwatering and fire protection purposes. Use: If irrigation, number of acres historically irrigated: 0 acres; proposed to be irrigated: 4 acres. Legal description of acreage: Lands located in the Northwest ¼ of the Southeast ¼ of Section 8, Township 3 South, Range 83 West of the 6 th P.M. If non irrigation, describe purpose fully: Domestic (seasonal cabin), irrigation, stockwatering, wildlife propagation, pond filling and fire protection purposes. Second Claim for Finding of Reasonable Diligence: Wigder Spring No. 2; Date of Original Decree: August 3, 2006, Case No. 04CW234, Water Court, Water Division No. 5. Subsequent decrees awarding findings of diligence: N/A. Legal Description: The

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 3

spring is located in the Northwest 1/4 of the Southwest 1/4 of Section 8, Township 3 South, Range 83 West of the 6 th P.M., at a point 1,315 feet from the West section line and 2,110 feet from the South section line of said Section 8. Source of Water: An unnamed tributary to Alkali Creek, tributary to the Eagle River. Appropriation Date: September 25, 1997. Amount: 0.11 c.f.s absolute for wildlife propagation, and conditional for domestic (seasonal cabin), irrigation, stockwatering and fire protection purposes. Use: If irrigation, number of acres historically irrigated: 0 acres; proposed to be irrigated: 4 acres. Legal description of acreage: Lands located in the Northwest ¼ of the Southeast ¼ of Section 8, Township 3 South, Range 83 West of the 6 th P.M. If non irrigation, describe purpose fully: Domestic (seasonal cabin), irrigation, stockwatering, wildlife propagation, and fire protection purposes. Third Claim for Finding of Reasonable Diligence. Waterford Ranch Pond P8-2, Wigder Enlargement. Date of Original Decree: August 3, 2006, Case No. 04CW234, Water Court, Water Division No. 5. Subsequent decrees awarding findings of diligence: N/A. Legal Description of dam: Northwest 1/4 of the Southwest 1/4 of Section 8, Township 3 South, Range 83 West of the 6 th P.M., at a point 910 feet from the West section line and 2,000 feet from the South section line of said Section 8. Source of Water: An unnamed tributary, tributary to Alkali Creek, tributary to the Eagle River, and the Waterford Ranch Spring Sp8-3, Wigder Enlargement, identified above. Appropriation Date: September 25, 1997. Amount: 2.5 acre-feet, absolute for wildlife propagation, stockwatering and piscatorial uses, and conditional for irrigation and fire protection uses. Use: If irrigation, number of acres historically irrigated: 0 acres; proposed to be irrigated: 1 acres. Legal description of acreage: Lands located in the Northwest ¼ of the Southeast ¼ of Section 8, Township 3 South, Range 83 West of the 6th P.M. If non irrigation, describe purpose fully: Irrigation, stockwatering, wildlife propagation, piscatorial and fire protection purposes. Surface area of high water line: 0.5 acres; Maximum height of dam in feet: 9 feet. Length of dam in feet: 90 feet. Total capacity of reservoir in acre feet: 2.5 acre-feet; Active capacity: 2.5 acre-feet; Dead storage: 0 acre-feet. Provide a detailed 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, including expenditures: For all of the structures listed above, Applicants retained an engineering firm to design a water collection and distribution system regarding the above water rights. Applicants participated as objectors in Water Court in order to protect the above water rights. Applicants have expended approximately $7,609.52 in the past six years towards the development of the above water rights. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicants. (6 pages, including 1 map)YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW128 MESA COUNTY; Application for Findings of Reasonable Diligence; Name and address of Applicant: The Town of Palisade, please direct all correspondence to the Town’s attorney: Sherry A. Caloia, LLC,1204 Grand Ave., Glenwood Springs, CO 81601, (970) 945-6067; megeiger@caloia.net. Name of structure: Palisade Reservoir No. 4, First Enlargement and Refill Right. Original Decree: Case Number: 94CW360, District Court in and for Water Division No. 5, Date entered:November 1, 1999. Subsequent findings of reasonable diligence: Case No. 05CW226, District Court in and for Water Division No. 5. Legal description: Location of dam at a point whence the Southwest corner of Section 28, Township 11 South, Range 97 West of the 6th P.M. bears South 59 West a distance of 1,313 feet, also described as being 1180 feet from the west section line and 711 feet from the south section line of said Section 28, Mesa County, Colorado. Source: Cottonwood Creek, tributary to Rapid Creek, tributary to the Colorado River. Appropriation Date:September 8, 1994. Amount: Palisade Reservoir No. 4, First Enlargement: 40.6 acre feet, conditional; Palisade Reservoir No. 4, Refill Right: 85.6 acre feet, conditional Uses: Irrigation: Land within the present and future service area of the Applicant in or near Sections 3 through 10, Township 10 South, Range 97 West of the 6th P.M., and Section 1 through 4 and 9 through 12, Township 11 South, Range 97 West of the 6th P.M. Municipal, irrigation, domestic, industrial, agricultural, recreational, aquifer recharge and fire protection. Information on reservoir: Maximum height of dam in feet: 10 feet, Length of dam in feet: 750 feet, Total capacity of reservoir in acre-feet: 85.6 acre feet, Active capacity in acre feet: 85.6 acre feet. Name and address of owner of land on which structures are located (land where land is located and land within high water line): Applicant. Name of structure: Palisade Reservoir No. 5, First Enlargement and Refill Right. Original Decree: Case Number: 94CW360, District Court in and for Water Division No. 5, Date entered: November 1, 1999. Subsequent finding of reasonable diligence: Case No. 05CW226, District Court in and for Water Division No. 5. Legal description: dam is located at a point whence the South 1/4 corner of Section 28, Township 11 South, Range 97 West of the 6th P.M. bears South 5135’ West a distance of 583 feet, also described as being 2180 feet from the east section line and 376 feet from the south section line of said Section 28, Mesa County, Colorado. Source: Cottonwood Creek, tributary to Rapid Creek, tributary to the Colorado River. Appropriation date: September 8, 1994.

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 4

Amount: Palisade Reservoir No. 5, First Enlargement: 8.3 acre feet, conditional, Palisade Reservoir No. 5, Refill Right: 173.3 acre feet, conditional. Uses: Irrigation: Land within the present and future service area of the Applicant in or near Sections 3 through 10, Township 10 South, Range 97 West of the 6th P.M., and Section 1 through 4 and 9 through 12, Township 11 South, Range 97 West of the 6th P.M. Municipal, irrigation, domestic, industrial, agricultural, recreational, aquifer recharge and fire protection. Information for reservoir: Maximum height of dam in feet: 10 feet, Length of dam in feet: 750 feet, Total capacity of reservoir in acre-feet: 173.3 acre feet, Active capacity in acre feet: 173.3 acre feet. Name and address of owner of land on which structures are located (land where land is located and land within high water line): Applicant. Name of structure: Granat Reservoir, 1st and 2nd Re-fill Rights. Original Decree: Case Number: 94CW361, District Court in and for Water Division No. 5, Date entered: November 9, 1999. Subsequent finding of reasonable diligence: Case No. 05CW226, District Court in and for Water Division No. 5.Legal description: The dam is located in the Northwest 1/4 Section 21, Township 11 South, Range 97 West of the 6th P.M., being 173 feet from the west section line and 1337 feet from the north section line of said Section 21. Source: Unnamed tributary of Rapid Creek, tributary to the Colorado River. Appropriation Date: June, 1992. Date water applied to beneficial use: N/A. Amount: 8 acre-feet, Refill--1st and 2nd Conditional. Uses: Irrigation: Land within the Town of Palisade as it now exists or may exist in the future, generally located in Sections 3, 4, 5, 8, 9, 10, 11, Township 11 South, Range 97 West, and Sections 1, 2, 3, 4, 9, 10, Township 1 South, Range 97 West of the 6th P.M. Municipal and domestic. Information for reservoir: Maximum height of dam in feet: 10 feet; Length of dam in feet: 150 feet; Total capacity of reservoir in acre-feet: 8 acre feet; Active capacity in acre feet: 7.5 acre feet; Dead storage in acre feet: 0.5 acre feet. Name and address of owner of land on which structures are located (land where land is located and land within high water line): Applicant. Name of Structure: Denison Reservoir, 1st and 2nd Re-Fill Rights. Original Decree: Case Number: 94CW361, District Court in and for Water Division No. 5, Date entered: November 9, 1999. Subsequent decree finding reasonable diligence: Case No. 05CW226, District Court in and for Water Division No. 5. Legal Description: The dam is located in the Northwest 1/4 Section 21, Township 11 South, Range 97 West of the 6th P.M., 164 feet from the west section line and 1018 feet from the north section line of said Section 21. Source: Unnamed tributary of Rapid Creek, tributary to the Colorado River. Appropriation Date: June, 1992. Date applied to beneficial use: N/A. Amount: 12 acre-feet refill, 1st and 2nd Refill Conditional. Uses: Irrigation: Land within the Town of Palisade as it now exists or may exist in the future, generally located in Sections 3, 4, 5, 8, 9, 10, 11, Township 11 South, Range 97 West, and Sections 1, 2, 3, 4, 9, 10, Township 1 South, Range 97 West of the 6th P.M. Municipal and domestic. Information for reservoir: Maximum height of dam in feet: 15 feet. Length of dam in feet: 200 feet . Total capacity of reservoir in acre-feet: 12 acre feet. Active capacity in acre feet: 11.0 acre feet. Dead storage in acre feet: 1.0 acre feet. Name and address of owner of land on which structures are located (land where land is located and land within high water line): Applicant. The Application contains a detailed outline of what has been done toward completion of these appropriations and application of water to beneficial use as conditionally decreed. (9 pages plus maps).YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW129 EAGLE COUNTY. WEST LAKE CREEK, TRIB. TO LAKE CREEK, TRIB. TO THE EAGLE RIVER, TRIB. TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Lake Creek Metro. Dist., c/o Chris Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Lake Creek Meadows Reservoir. Orig. Decree: Case W-3590, Water Div. 5, 5/9/1979. Subsequent Decrees Awarding Diligence: Case Nos. 83CW28, 87CW006, 93CW008, 99CW091, and 05CW221. Legal Desc.: The dam is located at a pt. whence the S.W. corner of Sec. 18, T. 5 S., R. 82 W., 6th P.M. bears S. 27 deg. 00' W., a dist. of 4,940 ft. This location can also be desc. as the NE1/4, NW1/4, Sec. 18, T. 5 S., R. 82 W., 6th P.M., at a pt. 756 ft. from the N. Sec. line and 2,345 ft. from the W. Sec. line of Sec. 18. A map depicting this location is attached to app. Date of Approp.: 6/10/1969. Uses: Mun., dom., irr., rec., mechanical, manufacturing, fire prot., and sewage treatment. Amt: 7.0 AF. Remarks: The entire 7.0 AF was decreed absolute for pisc. use in Case No. W-3590. 2.0 AF was decreed absolute for mun., dom., irr., rec., and fire prot. in 99CW091; 5.0 AF remains cond. for these uses. 7.0 AF remains cond. for mechanical, manufacturing, and sewage treatment. The Lake Creek Meadows Reservoir is decreed as part of an integrated water supply system (including several ditches, wells, storage tanks, transmission lines and other water supply plans) for Applicant’s service area. See, e.g., 99CW091 and 05CW221; C.R.S. § 37-92-301(4)(b). The application on file with the Ct. contains a detailed outline of the work performed during the diligence period. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 5

which water is or will be stored, including any modification to the existing storage pool: Michael J. Hahn, 333 S. 7 th Street, Suite 2440, Minneapolis, MN 55402-2435. (6 pgs).YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW130 EAGLE COUNTY, EAGLE/COLORADO RIVERS. Application for Findings of Reasonable Diligence. Susan J. Miller and L.D. Chipman, c/o Jefferson V. Houpt, Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. Original decree entered on 2/26/99 in Case No. 96CW387, and subsequent decree entered on 8/24/06 in Case No. 05CW34, for all structures. Structure: Miller/Chipman Well. Location: SW¼ of the NE¼ of Sec 7, T 5 S, R 82 W, 6 th P.M., Eagle County, being 2,600 ft from N sec line and 1,400 ft from E sec line of said Sec 7. Source: Groundwater trib to Lake Creek, trib to the Eagle/Colorado Rivers. Appropriation date: 8/5/96. Amount: 0.033 c.f.s., conditional. Use: Domestic, irrigation and stockwatering. Depth: Approx 80 ft. Structure: Miller Pond. Location: SW¼ of the NE¼ of Sec 7, T 5 S, R 82 W, 6 th P.M., Eagle County, approx 2,435 ft from N sec line and 1,540 ft from E sec line of said Sec 7. Filled by: Miller Ditch. Source: Lake Creek, trib to Eagle/Colorado Rivers. Appropriation date: 8/5/96. Amount: 3.0 af, conditional. Maximum rate of diversion: 1.0 c.f.s. Use: Domestic, irrigation, stockwatering, aesthetic, piscatorial and wildlife propagation and augmentation. Surface area: 0.5 acres. Total capacity: 3.0 af. Structure: Miller Ditch. Location: NW¼ of the SE¼ of Sec 7, T 5 S, R 82 W, 6 th P.M., Eagle County, approx 2,700 ft from N sec line and 1,520 ft from E sec line of said Sec 7. Source: Lake Creek, trib to the Eagle/Colorado Rivers. Appropriation date: 8/5/96. Amount: 1.0 c.f.s., conditional. Use: Aesthetic, piscatorial, wildlife propagation, and storage in Miller Pond. (6 pages)YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW131 PITKIN COUNTY. ROARING FORK RIVER. John A. Buck II Trust, c/o Patrick, Miller & Kropf, P.C. Scott C. Miller, Esq. and Laura C. Makar, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR CHANGE OF WATER RIGHTS AND TO AMEND PLAN FOR AUGMENTATION. Decreed water rights for which change is sought: Name of structure: Gibson Pump and Pipeline. Case No., Court, and date of original and relevant subsequent decrees: Case No. 01CW326, District Court, Water Division 5, June 9, 2003; Case No. 09CW69, District Court, Water Division 5, September 18, 2010; Case No. 09CW67, District Court, Water Division 5, October 10, 2010. Legal description of structure as described in the most recent decree: NE1/4, NW1/4, Section 16, Township 9 south, Range 85 west, 6 th P.M. at a point 1260 feet south of the north section line and 1990 feet east of the west section line of said Section 16 (Pitkin County, Colorado). Decreed source of water: Roaring Fork River, tributary to Colorado River. Appropriation date: June 1, 2001. Total amount decreed: 0.033 c.f.s., absolute; 0.187 c.f.s., conditional. Decreed use or uses: Irrigation and delivery of water into storage for irrigation, recreation and piscatorial purposes. Amount of water that applicant intends to change: 0.033 c.f.s., absolute; 0.187 c.f.s., conditional. Name of structure: Gibson Pond. Case No., Court, and date of original and relevant subsequent decrees: Case No. 01CW326, District Court, Water Division 5, June 9, 2003; Case No. 09CW69, District Court, Water Division 5, September 18, 2010; Case No. 09CW67, District Court, Water Division 5, October 10, 2010. Legal description of structure as described in the most recent decree: NE1/4, NW1/4, Section 16, Township 9 south, Range 85 west, 6 th P.M. at a point 2100 feet east of the west section line and 1300 feet south of the north section line of said Section 16 (Pitkin County, Colorado). Decreed source of water: Roaring Fork River via deliveries from the Gibson Pump & Pipeline, tributary to Colorado River. Appropriation date: June 1, 2001. Surface area: 0.5 acres. Maximum depth: under 10 feet. Active capacity: 1.0 acre-feet. Dead

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 6

capacity: 1.5 acre feet. Decreed use or uses: Irrigation, recreation and piscatorial purposes. Amount of water that applicant intends to change: 2.5 acre-feet, conditional. Name of structure: Plan for Augmentation, including appropriative right of exchange. Case No., Court, and date of original and relevant subsequent decrees: Case No. 01CW326, District Court, Water Division 5, June 9, 2003; Case No. 09CW69, District Court, Water Division 5, September 18, 2010. Structure Augmented: Gibson Pump and Pipeline. Applicant has water rights to be used for augmentation pursuant to Allotment Contract No. 405a issued by the Basalt Water Conservancy District. Detailed description of proposed change of water rights: Applicant seeks to change and enlarge the place of use for the Gibson Pump and Pipeline and the Gibson Pond to include an additional 0.916 acres in the N1/4, Section 16, Township 9 south, Range 85 west, 6th

P.M for a total of 1.566 acres of irrigation. Applicant seeks to change the terms of the plan for augmentation, including appropriative right of exchange, decreed in Case No. 01CW326, District Court, Water Division 5, June 9, 2003, as amended in Case No. 09CW69, District Court, Water Division 5, September 18, 2010, to allow for an enlarged area of irrigation under the Gibson Pump and Pipeline. As amended, the plan for augmentation allows for irrigation of 0.65 acres. As described in paragraph 3.A., Applicant seeks to change and enlarge the place of use for the Gibson Pump and Pipeline to include an additional 0.916 acres for a total of 1.566 acres of irrigation. Applicant seeks to amend the plan for augmentation as required to augment the additional 0.916 acres of irrigation. Based on a total area of irrigation of 1.566 acres and the consumptive use rate of 1.84 acre-feet, the annual irrigation demand would be 3.60 acre-feet. The additional out of priority irrigation depletions will be replaced with water provided under Applicant’s Basalt Water Conservancy District Allotment Contract. Applicant has applied to amend Basalt Water Conservancy District Allotment Contract No. 405(a) to provide 3.82 acre-feet of releases to replace existing out of priority depletions and ten percent transit loss. In the event of a call on the Roaring Fork River above the confluence with the Frying Pan River, Applicant will cease diversions under the Gibson Pump and Pipeline water right. The name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. (10 pages)YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW132 GARFIELD COUNTY. ROARING FORK RIVER. Application for Change of Water Rights. Applicant: Roaring Fork Water & Sanitation District, c/o Scott Grosscup, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Background and Summary of Application: The Roaring Fork Water and Sanitation District (“District”) provides water and wastewater service to the Ironbridge subdivision. The District derives its source of supply from several alluvial wells. The Ironbridge subdivision receives its source of supply from some of these wells pursuant to the decree entered in Case No. 00CW019. This Application concerns a request to add additional alternate pt.s of diversion for the District’s alluvial wells and incorporate all of the District’s alluvial wells as pt.s of diversion for the Ironbridge subdivision. A map showing the pt.s of diversion is attached to the application as Exhibit A. Structures to be changed: Posy Pump and Pipeline, and Robertson Ditch, Rose Enlargement. Decree info: Case No. 97CW236, Dist. Ct, Water Division 5, 3/22/1999. Subsequent decree awarding diligence, Case No. 05CW053, Dist. Ct., Water Division 5, 8/24/2006. Decreed location: Posy Pump and Pipeline: Government Lot 17 of Sec. 1, T. 7 S., R. 89 W., 6th P.M. at a pt. whence the N.W. corner of said Sec. 1 bears N. 57 deg. 02’42” W., 3,799.13 ft. This structure can also be approx. plotted as being 2,290 ft. from the E. Sec. line and 2,300 ft. from the S. Sec. line. Robertson Ditch, Rose Enlargement: Westerly bank of the Roaring Fork River at a pt. whence the SE corner of Sec. 12, T. 7 S., R. 89 W., 6th P.M. bears N. 27 deg. 56’ W. 2,788.14 ft. (The Robertson Ditch, Rose Enlargement has the same pt. of diversion as the Robertson Ditch.) Alternate pts of diversion: In Case No. 00CW019, the Posy Pump and Pipeline and Robertson Ditch, Rose Enlargement water rights were decreed alternate pts of diversion at the Coryell Ranch Wells located as described in the following Table 1:

Table 1 – Location of Coryell Ranch Wells 1-14in T. 7 S., R. 88 W. of the 6 th P.M.

Well No.

Quarter QuarterLocation inSec. 29

Distance fromN. line ofSec. 29

Distance fromE. Line ofSec. 29

1 NE NE 1268.54 1021.952 SW NE 1849 2064.12

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 7

3 SE NE 2086.54 86.954 SE NE 1808.54 301.955 SE NE 1508.54 486.956 NE NE 1218.54 666.957 NE NE 928.54 966.958 NW NE 774 1284.129 SW NE 1469 1294.1210 SW NE 1609 1604.1211 SW NE 1739 1839.1212 NW NE 879 1619.1213 SE NE 1733.54 831.9514 SE NE 1873.54 971.95

Approp. Dates: Posy Pump and Pipeline: 5/2/1997. Robertson Ditch, Rose Enlargement: 10/9/1997. Amt. Claimed: Posy Pump and Pipeline; Applicant owns an undivided 2 c.f.s. of the 7.5 c.f.s., cond. Robertson Ditch, Rose Enlargement: Applicant owns an undivided 2 c.f.s. of the 7.5 c.f.s., cond. Uses: Irr. of up to 201.3 acres total in conjunction with the Robertson Ditch, Rose Enlargement. Land located in parts of Sec. 35, T. 6 S., R. 89 W., 6th P.M., and Sec. 1, 2 and 12, T. 7 S., R. 89 W., 6th P.M. The above-referenced water right will be used for dom., delivery of water into storage, comm. for a golf course and related facilities, fire prot., and to serve as a potable water supply system for a golf course/residential development of up to 550 EQR’s. The Posy Pump and Pipeline and Robertson Ditch, Rose Enlargement water rights, and their alternate pts of diversion, are water rights that are augmented pursuant to Case No. 97CW236. Applicant may divert no more than a total of 2 c.f.s. under the Posy Pump and Pipeline and the Robertson Ditch, Rose Enlargement at any given time from their orig. decreed pts of diversion. Diversions of these water rights at their alternate pts of diversion at the Coryell Ranch Wells are further limited by the terms and conditions decreed in Case No. 00CW019, and incorporated in paragraph 6 of the app. Applicant requests alt. places of diversion to be located that the Aspen Glen Wells The Aspen Glen Wells 1 through 7 (the “Aspen Glen Wells”) are located in T.7S., R.88 W., 6th P.M., in Garfield County, Colorado, and are described as follows: Aspen Glen Well No. 1: SE1/4 SW1/4, Sec. 20, 660 ft. from the S. Sec. line and 1555 ft. from the W. Sec. line of said Sec. 20. Aspen Glen Well No. 2: NW1/4 NE1/4, Sec. 29, 768 ft. from the N. Sec. line and 2200 ft. from the E. Sec. line of said Sec. 29. (Well Permit No. 61405) Aspen Glen Well No. 3: NW1/4 NE1/4, Sec. 29, 508 ft. from the N. Sec. line and 1794 ft. from the E. Sec. line of said Sec. 29. (Well Permit No. 61406). Aspen Glen Well No. 4: NW1/4 NE1/4, Sec. 29, 788 ft. from the N. Sec. line and 2462 ft. from the E. Sec. line of said Sec. 29. (Well Permit No. 61407). Aspen Glen Well No. 5: NW1/4 NE1/4, Sec. 29, 703 ft. from the N. Sec. line and 2038 ft. from the E. Sec. line of said Sec. 29. Aspen Glen Well No. 6: NW1/4 NE1/4, Sec. 29, 393 ft. from the N. Sec. line and 2270 ft. from the E. Sec. line of said Sec. 29. Aspen Glen Well No. 7: NE1/4 NW1/4, Sec. 29, 447 ft. from the N. Sec. line and 2627 ft. from the W. Sec. line of said Sec. 29. Contemplated draft of water rights to be changed. The Posy Pump and Pipeline and Robertson Ditch, Rose Enlargement water rights were decreed, in part, to provide a dom. supply to the Ironbridge development. Pursuant to the decree entered in Case No 97CW236, the development contemplated included in-house demands of 550 EQR’s, irr. of 6.3 of lawn and landscape from the potable system, 58 acres of dom. irr. from a non-potable system, 130 acres of irr. for a golf course, and evap. from ponds. The change in the pt. of diversion to the new wells located on the other side of the Roaring Fork River will not change the development that was contemplated to be served or the demand for water. Proposed terms and conditions: Consistent with the change of water rights decreed in Case No. 00CW019, which added the Coryell Wells as alternate pts of diversion, Applicant proposes the following terms and conditions apply equally to diversions of the Posy Pump and Pipeline or Robertson Ditch, Rose Enlargement water rights at either the Coryell Wells or Aspen Glen Wells (the “Alternate Pts of Diversion”) as described in app. No more than 1.77 cfs and 204 acre ft. annually of the subject cond. water rights shall be diverted at the Alternate Pts of Diversion. Water diverted at the Alternate Pts of Diversion shall be diverted for dom., irr., comm. and fire prot. purposes. Total diversions under the Posy Pump and Pipeline and Robertson Ditch, Rose Enlargement at the Alternate Pts of Diversion shall be limited to the Amts available to said rights in priority at the orig. decreed pts of diversion. Total diversions of the Posy Pump and Pipeline and Robertson Ditch, Rose Enlargement at any combination of the pts of diversion orig. decreed in Case No. 97CW236 and/or the Alternate Pts of Diversion shall not exceed 7.5 cfs at any given time. Diversions under the Posy Pump and Pipeline and Robertson Ditch, Rose Enlargement at the Alternate Pts of Diversion shall cease whenever senior water rights decreed for diversion through the Roberson Ditch are not fully satisfied. Exercise of the Posy Pump and Pipeline and Robertson Ditch, Rose Enlargement at the Alternate Pts of Diversion shall be accounted for in the same manner as that established in the decree in Case No. 97CW236. Names and addresses of owners of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant has easements over the property for which the structures are located. (9 pgs).YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 8

CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW133 (02CW253) GARFIELD COUNTY-EAST CANYON CREEK, TRIBUTARY TO CANYON CREEK, TRIBUTARY TO THE COLORADO RIVER. Robert & Hillery Oddo; 2425 C.R. 137; Glenwood Springs, CO 81601 (970)945-1006. Oddo Pond & Warner Ditch, Oddo Enlargement-Application for Finding of Reasonable Diligence. Location: Oddo Pond-SE¼NW¼ of Sec. 24, T.5S, R.90W. of the 6th P.M. 1,810 from the north sec. line and 2,470 ft. from the west sec. line. Warner Ditch, Oddo Enlargement- NE¼NE¼ of Sec. 24, T.5S, R.90W. of the 6 th P.M. 575 from the north sec. line and 540 ft. from the east sec. line. Appropriation: Feb. 25, 1999. Amount and uses: Oddo Pond- 1.5 a.f., conditional, for augmentation, irrigation, stock watering and the right to fill, continuously fill and refill in priority. Warner Ditch, Oddo Enlargement- 0.125 c.f.s., conditional, for irrigation and livestock watering. An outline of the work performed during the diligence period is included in the application. (9 pages)YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW134 GARFIELD COUNTY. ROARING FORK RIVER. Application for Finding of Reasonable Diligence and to Make Absolute, in Part. Applicant: Roaring Fork Water & Sanitation District, c/o Scott Grosscup, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945-6546. Structure: Posy Pump and Pipeline. Orig. Decree, Case No. 97CW236, Dist. Ct, Water Division 5, 3/22/1999. Subsequent decree awarding diligence, Case No. 05CW053, 8/24/2006. Location: Government Lot 17 of Sec. 1, T. 7 S., R. 89 W., 6th P.M. at a pt. whence the N.W. corner of said Sec. 1 bears N. 57 deg. 02’42” W. a dist. of 3,799.13 ft. This structure can also be approx. plotted as being 2,290 ft from the E. Sec. line and 2300 ft from the S. Sec. line. Alt. pts of diversion: In Case No. 00CW019, the Posy Pump and Pipeline water right was decreed alternate pts of diversion at the Coryell Ranch Wells located as described in the following Table:

Location of Coryell Ranch Wells 1-14in T. 7 S., R. 88 W. of the 6th P.M.

Well No.

Quarter QuarterLocation inSec. 29

Distance fromN. line ofSec. 29

Distance fromE. Line ofSec. 29

1 NE NE 1268.54 1021.952 SW NE 1849 2064.123 SE NE 2086.54 86.954 SE NE 1808.54 301.955 SE NE 1508.54 486.956 NE NE 1218.54 666.957 NE NE 928.54 966.958 NW NE 774 1284.129 SW NE 1469 1294.1210 SW NE 1609 1604.1211 SW NE 1739 1839.1212 NW NE 879 1619.1213 SE NE 1733.54 831.9514 SE NE 1873.54 971.95

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 9

Approp. Date: 5/2/1997. Amt: Applicant owns an undivided 2 c.f.s. of the 7.5 c.f.s., cond. Use: Irr. of up to 201.3 acres total in conjunction with the Robertson Ditch, Rose Enlargement. Land located in parts of Sec. 35, T. 6 S., R. 89 W., 6th P.M., and Secs 1, 2 and 12, T. 7 S., R. 89 W., 6th P.M. The above-referenced water right will be used for dom., delivery of water into storage, commercial for a golf course and related facilities, fire prot., and to serve as a potable water supply system for a golf course/residential development of up to 550 EQR’s. Applicant may divert no more than a total of 2 c.f.s. under the Posy Pump and Pipeline and the Robertson Ditch, Rose Enlargement at any given time. A map showing the locations of the Posy Pump and Pipeline and alternate pts of diversion is attached as Exhibit A to app. Structure: Robertson Ditch, Rose Enlargement. Orig. Decree, Case No. 97CW236, Dist. Ct, Water Division 5, 3/22/1999. Subsequent decree awarding diligence, Case No. 05CW053, 8/24/2006. Located on the Westerly bank of the Roaring Fork River at a pt. whence the SE corner of Sec. 12, T. 7 S., R. 89 W., 6th P.M. bears N. 27 deg. 56’ W. 2788.14 ft. (The Robertson Ditch, Rose Enlargement has the same pt. of diversion as the Robertson Ditch.) In Case No. 00CW019, the Robertson Ditch, Rose Enlargement water right was decreed alternate pts of diversion at the Coryell Ranch Wells described in app. Approp. Date: 10/9/1997. Amt: Applicant owns an undivided 2 c.f.s. of the 7.5 c.f.s., cond. Use: Irr. of up to 201.3 acres total in conjunction with the Posy Pump and Pipeline. Land located in parts of Sec. 35, T. 6 S., R. 89 W., 6th P.M., and Secs 1, 2 and 12, T. 7 S., R. 89 W., 6th P.M. The above-referenced water right will be used for dom., delivery of water into storage, comm. for a golf course and related facilities, fire prot., and to serve as a potable water supply system for a golf course/residential development of up to 550 EQR’s. Applicant may divert no more than a total of 2 c.f.s. under the Posy Pump and Pipeline and the Robertson Ditch, Rose Enlargement at any given time. A map showing the locations of the Robertson Ditch, Rose Enlargement and alternate pts of diversion is attached as Exhibit A to app. A complete list of diligence activities are on file with this court. Applicant requests a finding that the following water rights are absolute through diversion and application to beneficial use. Robertson Ditch, Rose Enlargement through diversions at the Coryell Ranch Wells No. 11 and 13. Date water applied to beneficial use: 7/15/2011, delivery of potable water to the Ironbridge PUD commenced in June of 2003. Amt. and Place of use: 0.17 cfs by delivery to 195.3 EQRs within the Ironbridge PUD for dom. and comm. use at the Ironbridge golf course. Diversion Records for the Coryell Ranch Wells No. 11 and 13 are attached as Exhibit B to app. Names and addresses of owners of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant has easements over the property for which the structures are located. (13 pgs).YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW135(REF NO. 04CW85). GARFIELD COUNTY, GROUNDWATER TRIBUTARY TO THE ROARING FORK AND COLORADO RIVERS. Jennifer Dockery and the Springridge Place Homeowners Association, c/o Tom Kinney, Esq., Western Slope Water Rights, LLC, 0274 Crystal Park Drive, Redstone, Colorado 81623, (970) 963-3900 ext. 4. Application for Finding of Reasonable Diligence. Applicants request entry of a decree finding that they have shown reasonable diligence in completing the appropriation of tributary groundwater pursuant to the following-described water right originally decreed by the Water Court in Case No. 97CW177 and awarded partially absolute with the remaining conditional water right continued in full force and effect in Case No. 04CW85: Springridge Well No. 1, First Enlargement, 0.156 cfs with an annual diversion amount of 0.24 acre-foot of groundwater of which, 0.156 cfs with an annual diversion rate of 0.12 acre-foot, remains conditional, previously decreed for diversion of groundwater tributary to Fourmile Creek, Roaring Fork River and Colorado River at a point located in the NW¼SE¼ of Section 10, Township 7 South, Range 89 West, 6th P.M., at a point within the right-of-way of Dry Park Road which point is 2,150 feet distant from the South line and 2,050 feet distant from the East line of said Section 10, according to the Decree entered by the Water Court on May 19, 1998 in Case No. 97CW177 (actual point of diversion is located within 200 feet of the previously decreed diversion point such that no change of water right is required pursuant to ULR 4(b)(1)) for in-house domestic use within two remaining of four approved accessory dwelling units with an appropriation date of May 25, 1997. Applicants have provided evidence of the efforts they have made towards diligently completing the appropriation of 0.156 cfs for the annual diversion of 0.06 acre-foot of groundwater of the subject conditional water right such that this portion of the subject conditional water should right be continued in full force and effect for an additional six-year diligence period. Applicants also request that the other one-half of the subject remaining conditional water right; 0.156 cfs for the annual diversion of 0.06 acre-foot of tributary groundwater be cancelled in this case due to relinquishment by a member-homeowner of the right to construct one of the four approved accessory dwelling units. (8 pages).

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 10

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW136 EAGLE COUNTY; LAKE CREEK, EAGLE RIVER, COLORADO RIVER. JB Interests, LLC, c/o Michael J. Sawyer, Esq. and Jeffrey J. Conklin, Esq., Karp Neu Hanlon, P.C., 201 14 th Street, Suite 200, Glenwood Springs, CO 81601. Application for Finding of Reasonable Diligence and Application for Change of Water Right. First Claim – Application for Finding of Reasonable Diligence. Name of structure: Miller Well. Date of original decree: 2/26/1999, in Case No. 96CW387, District Court, Water Div. 5. Subsequent decree awarding findings of diligence: Case No. 05CW34 entered on 8/24/2006. The original decreed location of the Miller Well is at a point in the SW1/4 of the NE1/4 of Sec. 7, T. 5 S., R. 82 West, 6 th PM, Eagle County, Colorado, being 2,150 feet from the North section line and 1,520 feet from the East section line of said Section 7. In Case No. 10CW119, the legal description for the Miller Well was changed to the SW1/4 NE1/4 of Section 7, T. 5 S., R. 82 West, 6 th PM, at a point 2845 feet from the South line and 1595 feet from the East line of said Section 7. Source: Groundwater tributary to Lake Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: 8/5/1996. Amount: 0.033 c.f.s., conditional. Uses: Domestic, irrigation, and stockwatering by direct diversion and, when out of priority, by augmentation. Depth: Approximately 120 feet. Second Claim – Application for Finding of Reasonable Diligence. Name of structure: Chipman Well. Date of original decree: 2/26/1999, in Case No. 96CW387, District Court, Water Div. #5. Subsequent decree awarding findings of diligence: Case No. 05CW34 entered on 8/24/2006. The Chipman Well is located at a point in the SW1/4 of the NE1/4 of Section 7, T. 5 S., R. 82 West, 6 th PM, Eagle County, Colorado, being 2,270 feet from the North section line and 1,430 feet from the East section line of said Section 7. Source: Groundwater tributary to Lake Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: 7/17/1991. Amount: 0.024 c.f.s., of which 0.0084 c.f.s., conditional (for all uses) and 0.0156 c.f.s., absolute (for all uses). See Case No. 05CW34. Uses: Domestic, irrigation, and stockwatering by direct diversion and, when out of priority, by augmentation. Depth: 118 feet. Map: A water rights location map attached to the Application as Exhibit A. Claims for diligence: The Application provides a detailed outline of what has been done towards the development of the Miller Well and the Chipman Well water right, including expenditures. Third Claim – Application for Change of Water Right. Name of structure: Miller Well, described above. Description of proposed change: The conditional water right decreed to the Miller Well was decreed to be drilled to a depth of approximately 120 feet in Case No. 96CW387. The Miller Well was drilled on September 14, 2005 to a depth of 265 feet. Applicant requests to change the decreed depth of the Miller Well to 265 feet. No other changes are requested for this water right. Name and address of owner of land upon which structures are located: Applicant. (8 pages)YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.112CW137 (2005CW095, 98CW249, 91CW033) EAGLE COUNTY - IN THE EAGLE RIVER AND ITS TRIBUTARIES. Cordillera Golf Club, LLC, a Delaware limited liability company, c/o Daniel White, Controller, P.O. Box 988, Edwards, Colorado 81632, (970) 569-6467, c/o Harvey W. Curtis, Esq., Harvey W. Curtis & Associates, 8310 South Valley Highway, Suite 230, Englewood, Colorado 80112, Telephone: (303) 292-1144. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Names of structures: Groff Ditch-Cottonwood Enlargement; Cottonwood Pump and Pipeline; and Golf Course Ponds Nos. 2, 3, 4, and 5. 3. Describe conditional water rights giving the following from the Judgment and Decree: a. Date of original decree: December 8, 1992, Case Number 91CW033, Water Division No. 5, State of Colorado. Diligence was previously found in a decree entered in Case No. 98CW249 on May 23, 1999, and in Case No. 2005CW95 on August 24, 2006. b. Location of the Structures (see Figure 1 hereto): i. Groff Ditch-Cottonwood Enlargement: The headgate is located at a point on the east bank of Spring Creek in

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 11

the NE quarter NE quarter of Section 36, T. 4 S., R. 83 W. of the 6th P.M. whence the E quarter corner of said Section 36 bears S. 3 degrees 30 minutes E. 2,145 feet. The source of water is Spring Creek, a tributary of the Eagle River. ii. Cottonwood Pump and Pipeline: The headgate is located at a point on the north bank of the Eagle River in the SW quarter SW quarter of Section 31, T. 4 S., R. 82 W. of the 6th P.M. whence the SW corner of said Section 31 bears S. 5 degrees W. 500 feet. The source of water is the Eagle River. iii. Golf Course Ponds 2, 3, 4, and 5. (1) Golf Course Pond No. 2 is located in the SE quarter NW quarter of Section 31, T. 4 S., R. 82 W. of the 6th P.M., whence the W quarter corner of said Section 31 bears S. 77 degrees 45 minutes W. 2,270 feet. (2) Golf Course Pond No. 3, located in the NW quarter SE quarter of Section 31, T. 4 S., R. 82 W. of the 6th P.M., whence the S quarter corner of said Section 31 bears S. 29 degrees 30 minutes W. 2,060 feet. (3) Golf Course Pond No. 4, located in the SW quarter SE quarter of Section 31, T. 4 S., R. 82 W. of the 6th P.M., whence the S quarter corner of said Section 31 bears S. 57 degrees 15 minutes W. 1,520 feet. (4) Golf Course Pond No. 5, located in the SW quarter SW quarter of Section 32, T. 4 S., R. 82 W. of the 6th P.M., whence the SW corner of said Section 32 bears S. 48 degrees W. 1,300 feet. The sources of the Golf Course Ponds Nos. 2 through 5, inclusive, are: Spring Creek via the Groff Ditch - Cottonwood Enlargement (1 cfs); Burnison Creek via the Root Ditch (1.6 cfs) decreed in Eagle County District Court, Civil Action No. 687; Deadhorse Gulch via the Root Ditch - Reynolds Enlargement (1 cfs) decreed in Case No. 82CW341; and the Eagle River via the Cottonwood Pump and Pipeline (2 cfs). The maximum height of the embankment for each reservoir is less than 10 feet. c. Decreed Appropriation Date for conditional water rights: July 13, 1990. d. Decreed Amounts of Water: 1. Groff Ditch-Cottonwood Enlargement: 0.2 c.f.s., conditional for purposes of irrigation; and 0.07 c.f.s., conditional for recreation and piscatorial uses. 2. Cottonwood Pump and Pipeline: 2.0 c.f.s., conditional. 3. Golf Course Pond No. 2: 2.0 a.f., conditional. 4. Golf Course Pond No. 3: 6.0 a.f., conditional. 5. Golf Course Pond No. 4: 20.0 a.f., conditional. 6. Golf Course Pond No. 5: 4.0 a.f., conditional. e. Decreed Uses of the Water: Irrigation, recreation and piscatorial uses. 4. Provide a detailed 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, including expenditures: Moneys have been expended for engineering, legal advice and litigation for the subject water rights and for planning, design and construction of various features of the Applicant’s integrated raw water systems in the Spring Creek watershed which service the Cordillera golf courses and related facilities. Total expenditures on these efforts and associated work during the diligence period is estimated to be in excess of $433,269.53. These amounts include expenditures for repair and maintenance of the pump house, pump station and irrigation lines for the golf course, and fees and costs for engineering and legal consultants during the diligence period. Project-specific diligence on the subject water rights during the diligence period includes the purchase by the Applicant of the subject water rights and the lands on which the water will be used by Quit Claim Deed from Cordillera Valley Club Investors Limited Partnership dated June 26, 2009, and recorded at Reception No. 200912621 of the Eagle County, Colorado records. A copy of this deed was attached to the Notice of Transfer of Conditional Water Rights, filed August 20, 2012 in Case No. 2005CW95. 5. Water applied to beneficial use: N/A. Applicant requests that the Court make absolute any additional portions of the conditional water rights identified above which may be diverted and placed to beneficial use prior to the date of the decree to be entered herein. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored: a. Groff Ditch-Cottonwood Enlargement: David L. & Kathleen C. Ferguson, P.O. Box 929, Edwards, Colorado 81632-0929. b. Cottonwood Pump and Pipeline: Lake Creek Affordable Housing Corp., P.O. Box 850, Eagle, Colorado 81631. c. Golf Course Ponds Nos. 2, 3, 4, and 5: Applicant. WHEREFORE, Applicant requests the Court to enter its decree and ruling entering a finding of reasonable diligence with respect to the conditional water rights decreed to the Groff Ditch-Cottonwood Enlargement, Cottonwood Pump and Pipeline, Golf Course Pond No. 2, Golf Course Pond No. 3, Golf Course Pond No. 4, and Golf Course Pond No. 5 in the amounts listed in paragraph 3.d., above. (6 pages, including 1 page of exhibits.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW138 GARFIELD COUNTY; ROARING FORK RIVER. LB Rose Ranch, LLC, c/o Karl J. Hanlon, Esq. and Jeffrey J. Conklin, Esq., Karp Neu Hanlon, P.C., 201 14 th Street, Suite 200, Glenwood Springs, CO 81601. Application for Finding of Reasonable Diligence, Change of Water Rights and Request to Make Absolute. Date of original decree for all structures: March 22, 1999 in Case No. 97CW236, District Court, WD #5. Subsequent decree awarding findings of diligence: Case No. 05CW53, entered on 8/24/2006. Source: Roaring Fork River for the Posy Pump & Pipeline and the Robertson Ditch, Rose Enlargement. The sources of water for the Rose Ranch Pond Nos. 1 through 10 and the O’Neill Reservoir First Enlargement are off-channel reservoirs which will

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 12

be filled and refilled from either the Posy Pump & Pipeline or Robertson Ditch, Rose Enlargement. The ponds will only be filled and refilled when in priority and the rate of diversion for filling all ponds is up to 7.50 c.f.s., conditional. The Posy Pump & Pipeline and the Robertson Ditch, Rose Enlargement will be used for irrigation of up to 201.3 acres total in conjunction with the Robertson Ditch, Rose Enlargement, and for domestic, delivery of water into storage, commercial for a golf course and related facilities, fire protection and to serve as a potable water supply system for a golf course/residential development of up to 550 EQRs. The decreed uses of water for the Rose Ranch Pond Nos. 1 through 10 and the O’Neill Reservoir First Enlargement are fire protection, aesthetic, recreation and augmentation. Appropriation dates: Posy Pump & Pipeline: 5/2/1997; Robertson Ditch, Rose Enlargement: 10/9/1997; Rose Ranch Pond Nos. 1 through 10 and O’Neill Reservoir First Enlargement: 10/2/1997. Claim for Finding of Reasonable Diligence. Posy Pump and Pipeline, a surface water diversion source located in Government Lot 17 of Section 1, T. 7 S., R 89 W., 6 th PM at a point whence the Northwest corner of said Section 1 bears North 57º02’42” West a distance of 3799.13 feet. This structure can also be approximately plotted as being 2290 feet from the East section line and 2300 feet from the South section line. Amount: 7.5 c.f.s., conditional. Robertson Ditch, Rose Enlargement, located on the Westerly bank of the Roaring Fork River at a point whence the SE corner of Section 12, T. 7 S., R 89 W., 6 th PM bears North 27º56’ West 2788.14 feet (The Robertson Ditch, Rose Enlargement has the same point of diversion as the Robertson Ditch.). Amount: 7.5 c.f.s., conditional. In Case No. 05CW53, 0.8 c.f.s. of the Robertson Ditch, Rose Enlargement, was made absolute for commercial use for a golf course and related facilities, irrigation of 107.5 acres, delivery of water into storage, fire protection uses and domestic use in the pro Shop, maintenance building and other golf course buildings. Remarks: No more than a total of 7.5 c.f.s. will be diverted under the Posy Pump and Pipeline and the Robertson Ditch, Rose Enlargement at any given time. Rose Ranch Pond No. 1, a pond located in Government Lot 12 of Section 12, T. 7 S., R 89 W., 6th PM at a point from whence the NW corner of said Section 12 bears North 57º50’05” West a distance of 4300 feet. In Case No. 05CW53, the point of storage was changed as follows: The center-point of the dam is located in the SW1/4 NW1/4 of Section 1, Township 7 South, Range 89 West, 6th P.M. 1005 feet from the West section line of said Section 1, and 1228 feet from the North section line of said Section 1. Amount: 4.3 acre-feet, conditional, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 4.3 AF. Dead storage: None. Surface area: 0.74 acres. In Case No. 05CW53, the amount of storage was changed as follows: Amount: 2.7 AF, absolute, for fire protection, aesthetic and recreation uses. Active storage: none. Dead storage: 2.7 AF. Surface area: 0.80 acres. Average depth: 10 feet. Rose Ranch Pond No. 2, a pond located in Government Lot 9 of Section 12 T. 7 S., R 89 W., 6th PM at a point from whence the NW corner of said Section 12 bears North 63º26’55” West a distance of 4200 feet. Amount: 5.7 AF, conditional, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 5.7 AF. Dead storage: None. Surface area: 1.08 acres. Rose Ranch Pond No. 3, a pond located in Government Lot 13 of Section 12 T. 7 S., R 89 W., 6 th PM at a point from whence the NW corner of said Section 12 bears North 50º20’31” West a distance of 3514.63 feet. Amount: 3.7 AF, conditional, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 3.7 AF. Dead storage: None. Surface area: 0.64 acres. Rose Ranch Pond No. 4, a pond located in Government Lot 8 of Section 12 T. 7 S., R 89 W., 6th PM at a point from whence the NW corner of said Section 12 bears North 57º07’12” West a distance of 3428.10 feet. Amount: 3.3 AF, conditional, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 3.3 AF. Dead storage: None. Surface area: 0.77 acres. Rose Ranch Pond No. 5, a pond located in Government Lot 28 of Section 1 T. 7 S., R 89 W., 6 th PM at a point from whence the NW corner of said Section 1 bears North 35º07’39” West a distance of 4526.54 feet. In Case No. 05CW53, the point of storage was changed as follows: The center-point of the dam is located in the NE1/4 NW1/4 of Section 2, Township 7 South, Range 89 West, 6 th

P.M. 2500 feet from the West section line of said Section 2 and 80 feet from the North section line of said Section 2. Amount: 2.7 AF, conditional, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 2.7 AF. Dead storage: None. Surface area: 0.5 acres. In Case No. 05CW53, the amount of storage was changed as follows: Amount: 14.5 AF, absolute, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 14.5 AF. Dead storage: None. Surface area: 2.89 acres. Average depth: 10 feet. Rose Ranch Pond No. 6, a pond located in Government Lot 23 of Section 1 at a point from whence the NW corner of said Section 1 T. 7 S., R 89 W., 6th PM bears North 43º15’21” West a distance of 3750.39 feet. In Case No. 05CW53, the point of storage was changed as follows: The center-point of the dam is located in the SW1/4 SE1/4 of Section 35, Township 6 South, Range 89 West, 6th P.M., 2880 feet from the West section line of said Section 35 and 60 feet from the South section line of said Section 35. Amount: 4.0 AF, conditional, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 4.0 AF. Dead storage: None. Surface area: 1.3 acres. In Case No. 05CW53, the amount of storage was changed as follows: Amount: 8.8 AF, absolute, for fire protection, aesthetic and recreation uses. Active storage: none. Dead storage: 8.8 AF. Surface area: 2.64 acres. Average depth: 10 feet. Rose Ranch Pond No. 7, a pond located in Government Lot 11 of Section 1 T. 7 S., R 89 W., 6 th PM at a point from whence the NW corner of said Section 1 bears North 55º59’36” West a distance of 2472.83 feet. In Case No. 05CW53, the point of storage was changed as follows: The center-point of the dam is located in the SW1/4 SE1/4 of Section 35, Township 6 South, Range 89 West, 6 th

P.M., 3170 feet from the West section line of said Section 35 and 530 feet from the South section line of said Section 35. Amount: 5.5 AF, conditional, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 5.5 AF. Dead storage: None. Surface area: 1.79 acres. In Case No. 05CW53, the amount of storage was changed as follows: Amount: 6.3 AF, absolute, for fire protection, aesthetic and recreation uses. Active storage: None. Dead storage: 6.3 AF. Surface area: 1.88 acres. Average depth: 10 feet. Rose Ranch Pond No. 8, a pond located in Government Lot 12 of Section 1 T. 7 S., R 89 W., 6 th PM at a point from whence the NW corner of said Section 1 bears North 31º32’28” West a distance of 1801.70 feet. Amount: 12.5 AF, conditional, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 12.5 AF. Dead storage: None. Surface area: 2.51 acres. Rose Ranch Pond No. 9, a

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 13

pond located in the NW1/4 of the NW1/4 of Section 12 T. 7 S., R 89 W., 6 th PM at a point from whence the NW corner of said Section 12 bears North 22º59’19” West a distance of 1075.41 feet. In Case No. 05CW53, the point of storage was changed as follows: The center-point of the dam is located in the SW1/4 NW1/4 of Section 1, Township 7 South, Range 89 West, 6 th P.M., 772 feet from the West section line of said Section 1 and 1553 feet from the North section line of said Section 1. Amount: 4.0 AF, conditional, for fire protection, aesthetic, recreation and augmentation uses Active storage: 4.0 AF. Dead storage: None. Surface area: 1.3 acres. Amount: 8.3 AF, absolute, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 8.3 AF. Dead storage: None. Surface area: 1.67 acres. Average depth: 10 feet. Rose Ranch Pond No. 10, a pond located in Government Lot 16 of Section 12 T. 7 S., R 89 W., 6th PM at a point from whence the NW corner of said Section 12 bears North 46º00’00” West a distance of 4500.00 feet. In Case No. 05CW53, the point of storage was changed as follows: The center-point of the dam is located in the SW1/4 NE1/4 of Section 12, Township 7 South, Range 89 West, 6th P.M., 3394 feet from the West section line of said Section 12 and 1450 feet from the North section line of said Section 12. Amount: 1.0 AF, conditional, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 1.0 AF. Dead storage: None. Surface area: 0.15 acres. In Case No. 05CW53, the amount of storage was changed as follows: Amount: 1.7 AF, absolute, for fire protection, aesthetic and recreation uses. Active storage: None. Dead storage: 1.7 AF. Surface area: 0.51 acres. Average depth: 10 feet. O’Neill Reservoir First Enlargement: A pond located in Section 12 T. 7 S., R 89 W., 6 th PM at a point 1600 feet from the East section line and 2100 feet from the South section line of said Section 12. Amount: 21.0 AF, conditional, for fire protection, aesthetic, recreation and augmentation uses. Active storage: 21.0 AF. Dead storage: None. Surface area: 4.2 acres. Exhibit A to the application provides a detailed outline of what has been done during the diligence period towards the completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures. Claim for Change of Water Rights. Rose Ranch Pond No. 5, described above. Applicant requests a change in amount of storage as follows: Amount: 18.26 AF, absolute. Active Storage: 18.26 AF. Dead Storage: none. Surface area: 2.96 acres. Rose Ranch Pond No. 6, described above. Applicant requests a change in amount of storage as follows: Amount: 17.67 AF, absolute. Active Storage: none. Dead Storage: 17.67 AF. Surface area: 2.7 acres. Rose Ranch Pond No. 7, described above. Applicant requests a change in amount of storage as follows: Amount: 12.49 AF, absolute. Active Storage: none. Dead Storage: 12.49 AF. Surface area: 1.88 acres. Rose Ranch Pond No. 9, described above. Applicant requests a change in amount of storage as follows: Amount: 12.07 AF, absolute. Active Storage: 12.07 AF. Dead Storage: none. Surface area: 2.87 acres. Rose Ranch Pond No. 10, described above. Applicant requests a change amount of storage as follows: Amount: 4.51 AF, absolute. Active Storage: none. Dead Storage: 4.51 AF. Surface Area: 0.66 acre. Remarks: These claims for change of water rights are to modify the Amended Findings of Fact, Ruling of Referee, and Decree of the Court in Case No. 97CW236 and the Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court in Case No. 05CW53 to reflect the “as built” locations and amounts of the ponds, as provided at paragraph 6.F. of the 97CW236 Decree and paragraph 34 of the 05CW53 Decree. Applicant has total decreed storage rights of 67.7 acre-feet, with total surface area of 15.0 acres. This application reflects full build-out of the ponds and seeks to make absolute the remaining conditional storage rights decreed in Case Nos. 97CW236 and 05CW53. Claim to Make Absolute. Robertson Ditch, Rose Enlargement, described above. Water applied for beneficial use: Date: April 1, 2005. Amount: 6.7 c.f.s., absolute. Use: Irrigation of up to 201.3 acres total in conjunction with the Posy Pump and Pipeline, and for domestic, delivery of water into storage, commercial for a golf course and related facilities, fire protection and to serve as a potable water supply system for a golf course/residential development of up to 550 EQR’s. Remarks: No more than a total of 7.5 c.f.s. will be diverted under the Posy Pump and Pipeline and the Robertson Ditch, Rose Enlargement at any given time. Rose Ranch Pond No. 5, described above. Water applied to beneficial use: Date: April 1, 2005. Amount: 3.76 AF. Uses: fire protection, aesthetic, recreation, and augmentation. This claim to make absolute reflects the as-built location and amount of Rose Ranch Pond No. 5. In Case No. 05CW53, Rose Ranch Pond No. 5 was made absolute for 14.5 acre-feet for fire protection, aesthetic, recreation, and augmentation uses. This claim seeks to make the remaining conditional storage amount absolute based on the as-built size of the pond. Along with the other claims to make absolute in this application, Applicant seeks to make absolute its total decreed storage rights of 67.7 acre-feet, as decreed in Case Nos. 97CW236 and 05CW53. Rose Ranch Pond No. 6, described above. Water applied to beneficial use: Date: April 1, 2005. Amount: 8.87 AF. Uses: fire protection, aesthetic, recreation, and augmentation. Remarks: This claim to make absolute reflects the as-built location and amount of Rose Ranch Pond No. 6. In Case No. 05CW53, Rose Ranch Pond No. 6 was made absolute for 8.8 acre-feet for fire protection, aesthetic, and recreation uses. This claim seeks to make the remaining conditional storage amount absolute based on the as-built size of the pond. Along with the other claims to make absolute in this application, Applicant seeks to make absolute its total decreed storage rights of 67.7 acre-feet, as decreed in Case Nos. 97CW236 and 05CW53. Rose Ranch Pond No. 7, described above. Water applied to beneficial use: Date: April 1, 2005. Amount: 6.19 AF. Uses: fire protection, aesthetic, recreation, and augmentation. Remarks: This claim to make absolute reflects the as-built location and amount of Rose Ranch Pond No. 7. In Case No. 05CW53, Rose Ranch Pond No. 7 was made absolute for 6.3 acre-feet for fire protection, aesthetic, recreation, and augmentation uses. This claim seeks to make the remaining conditional storage amount absolute based on the as-built size of the pond. Along with the other claims to make absolute in this application, Applicant seeks to make absolute its total decreed storage rights of 67.7 acre-feet, as decreed in Case Nos. 97CW236 and 05CW53. Rose Ranch Pond No. 9, described above. Water applied to beneficial use: Date: April 1, 2005. Amount: 3.77 AF. Uses: fire protection, aesthetic, recreation, and augmentation. Remarks: This claim to make absolute reflects the as-built location and amount of Rose Ranch Pond No. 9. In Case No. 05CW53, Rose Ranch Pond No. 9 was made absolute for 8.3 acre-feet for fire protection, aesthetic, recreation, and augmentation uses. This claim seeks to make the remaining conditional storage amount absolute based on the as-built size of the

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 14

pond. Along with the other claims to make absolute in this application, Applicant seeks to make absolute its total decreed storage rights of 67.7 acre-feet, as decreed in Case Nos. 97CW236 and 05CW53. Rose Ranch Pond No. 10, described above. Water applied to beneficial use: Date: April 1, 2005. Amount: 2.81 AF. Uses: fire protection, aesthetic, recreation, and augmentation. Remarks: This claim to make absolute reflects the as-built location and amount of Rose Ranch Pond No. 10. In Case No. 05CW53, Rose Ranch Pond No. 10 was made absolute for 1.7 acre-feet for fire protection, aesthetic, and recreation uses. This claim seeks to make the remaining conditional storage amount absolute based on the as-built size of the pond. Along with the other claims to make absolute in this application, Applicant seeks to make absolute its total decreed storage rights of 67.7 acre-feet, as decreed in Case Nos. 97CW236 and 05CW53. The total volume and surface area of all absolute storage rights does not exceed 67.7 acre feet of storage and 15.0 acres of surface area, as decreed in Case Nos. 97CW236 and 05CW053. None of the ponds, as constructed, intercept groundwater. Name and address of owners of land upon which structures are located: Applicant and Aspen Glen, 9929 Highway 82, Carbondale, CO 81623. A water rights location map is attached to the Application as Exhibit A. (23 pages)YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW140 GARFIELD COUNTY. Attn: Mark E. Hamilton, #24585, Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, CO 81611, Telephone: 970-925-3476, Facsimile: 866-784-7682 mehamilton@hollandhart.com and Kylie J. Crandall, #41159, Holland & Hart LLP, 555 Seventeenth Street, Suite 3200, Denver, CO 80202, Telpehone: 303-295-8000, Facsimile: 303-295-8261 kjcrandall@holandhart.com Application for Findings of Reasonable Diligence and to Make Conditional Water Right Partially Absolute. 1. Name, address, email address and telephone number of Applicant: Inyanga Ranch, LLCc/o Stuart M. Ross P.O. Box 8020, Garden City, NY 11530 Email address: stu.ross@mac.com Phone: (843) 513-7833 w/copy to: Mark E. Hamilton, Esq. HOLLAND & HART LLP 600 E. Main St., Suite 104, Aspen, CO 81611 Telephone: 970-925-3476 mehamilton@hollandhart.com 2. Names of structures: Rock-N-Pines No. 2 Ditch Enlargement and Rock-N-Pines Pond No. 9 (together, the “Subject Water Rights”). 3. Information From Previous Decree. A. Date of Original Decree: The original decree was entered on August 24, 2006 in Case No. 03CW130, District Court, Water Division No. 5. B.Rock-N-Pines No. 2 Ditch Enlargement (1) Location: the headgate is located on an unnamed tributary to Canyon Creek, tributary to the Colorado River in the SW1/4 NW1/4, Section 13, Township 5 South, Range 90 West, 6th P.M., at a point whence the Southwest corner of Section 13 bears South 6°42’ West, 3,950 feet. See location map attached as Exhibit A. This location is also described as a point approximately 3,905 feet from the south section line and 400 feet from the west section line of said Section 13. (2) Source: Unnamed tributary to Canyon Creek, tributary to the Colorado River. (3) Appropriation Date: March 12, 2003. (4) Amount: 2.0 c.f.s., conditional. (5) Uses: Replace evaporative depletions from Rock-N-Pines Pond Nos. 1-9; aesthetic; recreational; and storage in Rock-N-Pines Pond No. 9 for aesthetic, recreational, piscatorial and augmentation purposes. (6) Remarks: The Rock-N-Pines No. 2 Ditch Enlargement is part of the plan for augmentation approved in Case No. 03CW130 (Water Div. No. 5). C. Rock-N-Pines Pond No. 9 (1) Location: Rock-N-Pines Pond No. 9 is located in the NW1/4 SW1/4, Section 13, Township 5 South, Range 90 West, 6th P.M., at a point 1,900 feet from the south line and 250 feet from the west line of said Section 13. See location map attached as Exhibit A. (2) Rock-N-Pines Pond No. 9 is located off-channel. The pond will be filled with the Rock-N-Pines No. 2 Ditch Enlargement described above. (3) Source: Unnamed tributary to Canyon Creek, tributary to the Colorado River. (4) Appropriation Date: March 12, 2003. (5) Amount: 2.4 acre-feet, conditional, with the right to fill and refill in priority for the purposes outlined herein, freshening flows and to replace evaporation and seepage losses. (6) Fill Rate: 2.0 c.f.s.. (7) Uses: Water will be stored and used for a combination of aesthetic, recreational, piscatorial and augmentation purposes. (8) Surface Area: 0.48 acres. (i) Maximum Height of dam: 8 feet. (ii) Length of Dam: 200 feet. (9) Total Capacity: 2.4 acre feet. (i) Active Storage: 2.4 acre feet. (ii) Dead Storage: 0.00 acre feet. (10) Remarks: The Rock-N-Pines Pond No. 9 is part of the plan for augmentation approved in Case No. 03CW130 (Water Div. No. 5). 4. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: During the diligence period, Applicant and its predecessor-in-interest have taken steps to diligently develop the Subject Water Rights including, without limitation, the activities described in the list below. This list is not intended to be inclusive and may be supplemented by additional evidence. A. On August 20, 2012, Applicant acquired the Subject Water Rights as part of its acquisition of real property that includes the Rock-N-Pines Ranch in Garfield County near Glenwood Springs, Colorado. B. Resource Engineering completed a technical evaluation of the water rights associated with the Rock-N-Pines Ranch, including the Subject Water Rights. C. Prior to Applicant’s acquisition and during the diligence period, Applicant’s predecessor-in-interest installed a

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 15

gated outlet on Rock-N-Pines Pond No. 9. D. Applicant and its-predecessor-in-interest have diverted, stored and placed to beneficial use approximately 1.2 acre-feet of water pursuant to the Rock-N-Pines Pond No. 9 water right for aesthetic, recreational, and piscatorial purposes. E. Applicant and its predecessor-in-interest monitored new water rights applications and activities of other appropriators in order to protect the water rights appurtenant to the Rock-N-Pines Ranch, including the Subject Water Rights. F. Applicant engaged the services of attorneys to provide legal advice in connection with the above-described planning activities and associated water rights matters. G. Applicant and its predecessor-in-interest have expended substantial funds on the above-described activities during the diligence period. 5. Claim to make absolute: As described above, Applicant and its predecessor-in-interest have diverted, stored and placed to beneficial use 1.2 acre-feet of water pursuant to the Rock-N-Pines Pond No. 9 water right for aesthetic, recreational, and piscatorial purposes. Water was first stored and applied to these beneficial uses on June 15, 2012. There was no downstream call on Canyon Creek or the Colorado River below this structure when water was first diverted into storage as demonstrated by the call records attached hereto as Exhibit B. 6. Name and address of owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed: Applicant. (8 pages)YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW141 MESA COUNTY Attn: William H. Caile, #32223, Meghan N. Winokur, #35973 Address: Holland & Hart LLP, 555 Seventeenth Street, Suite 3200, Post Office Box 8749, Denver, CO80201-8749 Phone Number: (303) 295-8403, (303) 295-8390 Fax Number: (303) 672-6536, (303) 975-5456 E-mail: whcaile@hollandhart.com, mwinokur@hollandhart.com Application for Finding of Reasonable Diligence and to Make Conditional Water Right Absolute in Part 1. Name, address, email address and telephone number of Applicant: Merial Currier Vander Laan P.O. Box 27059 Denver, CO 80227 micurrier@aol.com (970) 268-5506 Please direct all pleadings to Applicant’s counsel, Holland & Hart LLP, at the address identified above. Name of structure: Currier Reservoir No. 2 Use Enlargement (the “subject water right”). 1. Description of subject water right: a. Original decree: Case No. 04CW211 (Water Div. 5), decree dated August 24, 2006. b. Decreed Location: Located in the SW1/4NE1/4, Section 12, Township 9 South, Range 93 West of the 6th P.M. The dam intersects Sheep Creek at a point 1600 feet west of the East section line of said Section 12 and 3200 feet north of the South section line of said Section 12. The general location of the Currier Reservoir No. 2 (the “Reservoir”) and the area to be irrigated by the subject water right are shown on the map attached hereto as Figure 1. c. Source: Sheep Creek, tributary to Buzzard Creek, tributary to Plateau Creek, tributary to the Colorado River. d. Appropriation date: April 30, 2001. e. Amount: 222.48 acre feet. Of the 222.48 acre feet: 14.4 acre feet are absolute for industrial and commercial purposes; 208.08 acre feet are conditional for industrial and commercial purposes; 222.48 acre feet are absolute for recreational and piscatorial purposes; and 222.48 acre feet are conditional for irrigation and stock watering purposes. f. Use: i. Stock watering; piscatorial; recreation; supplemental irrigation; and ii. Fully consumptive industrial and commercial purposes for or relating to: development, mining, exploration and/or production of oil, gas, gravel and/or other minerals; dust suppression; road construction and repair; water in mined product; material washing; and replacement of evaporation from the exposed surface water area of the reservoir, such replacement to occur only when the subject water is in priority. The fully consumptive commercial and industrial uses may occur within Applicant’s property, or releases under the subject water right may be trucked off-site and fully consumed for the commercial and industrial uses described herein and in the Decree in Case No. 04CW211. iii. Supplemental irrigation is for approximately 98 acres historically irrigated by the Currier Reservoir No.2 water right decreed in Civil Action No. 13368, Mesa County District Court. The 98 acres are located in the southeast ¼ of Section 11, the west ½ of Section 12, the northwest ¼ of Section 13, and the northeast ¼ of Section 14, all in Township 9 South, Range 93 West of the 6th P.M. See Figure 1. Any irrigation use of the subject water right under the 2004 priority decreed in Case No. 04CW211 will occur during the historic irrigation season. iv. The stock watering and supplemental irrigation uses appropriated for the subject water right are separate and distinct from the irrigation and stock watering uses decreed to Currier Reservoir No. 2 in Civil Action No. 13368. The Currier Reservoir No. 2 water rights decreed in Civil Action No. 13368 are not changed or affected by the Decree in Case No. 04CW211 for the subject water right. v. Using a form acceptable to the Division Engineer, Applicant will account for the fill and use of the Currier Reservoir No. 2 decreed in Civil Action No. 13368 and/or under the subject water right decreed in Case No. 04CW211. Such accounting will include, without limitation, an accounting of any water released from the Reservoir under the subject water right and trucked off-site. g. Surface area of high water line: approximately 16 acres i. Maximum height of dam in feet: 39 feet (estimated) ii. Length of dam: 368 feet h. Total capacity of

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 16

reservoir in acre feet: 222.48 i. Active capacity: 222.48 ii. Dead storage: 0 4. Evidence of reasonable diligence: During the diligence period, Applicant has taken steps to diligently develop the conditional portion of the subject water right including, without limitation, the activities described below. This list is not intended to be inclusive and may be supplemented by additional evidence. a. Applicant conducted annual maintenance activities each year during the diligence period, including spaying weeds and brush and cleaning ditches associated with the Reservoir and use of the subject water right. b. Applicant maintained diversion records for the Reservoir, including an accounting of releases from the Reservoir under the subject water right. c. Applicant installed two French drains downstream of the dam in 2006 and repaired erosion areas over such drains in 2009. d. In 2006 Applicant constructed a training berm along the spillway channel for the Reservoir. e. Applicant constructed a gravel parking area for water trucks to access industrial water on the east side of Hwy 330E in 2006, and on the west side of Hwy 330E in 2007. f. In 2007 Applicant provided additional riprap and graded the dam crest with drainage to the upstream slope. g. In 2007 Applicant entered into a Water Agreement with EnCana Oil & Gas (USA) for use of water from the Reservoir for gas exploration and production operations. h. Applicant lubricated the outlet pipes for the Reservoir in 2007 and 2009, and lubricated the outlet gates for the Reservoir in 2012. i. In 2008 a manhole structure was installed to access the PXP water pipeline near the west truck parking lot for industrial use of the subject water right. Also in 2008 Applicant purchased a special pipe trailer to transport pipe used in connection with Reservoir operations. j. In 2010 Applicant cleared brush from the upstream slope of the Reservoir and removed slide material from the Reservoir spillway. k. In 2010 Applicant entered into a Water Agreement with Axia Energy, LLC that provides for the release of up to 100 acre-feet of water from the Reservoir pursuant to the subject water right for use in Axia Energy’s gas exploration and production operations, with an option for the release of up to an additional 122 acre-feet decreed to the subject water right (conditioned upon availability). l. Applicant began installation of a new weir below the dam in 2011, which was completed in 2012. m. In 2011 Applicant prepared an Emergency Action Plan to be implemented in the event of a dam failure and performed a remote camera inspection of the Reservoir outlet pipe. n. In 2012 Applicant provided additional riprap and installed fencing around the water truck parking area on the west side of Highway 330E. o. 18.0 acre feet of water diverted in priority in 2011 was placed to beneficial use for industrial and commercial purposes, which included Axia Energy’s purchase of water pursuant to the agreement described above in paragraph 4.k for use at various locations at which Axia Energy conducts oil and gas activities. p. Third parties continued to use portions of the subject water for industrial and commercial purposes pursuant to oral and written agreements with Applicant in the following amounts: (i) 2.0 acre-feet in 2006; (ii) 5.0 acre-feet in 2007; (iii) 2.8 acre-feet in 2008; (iv) 1.0 acre-foot in 2009; (v) 1.0 acre-foot in 2010; and (vi) 18.0 acre-feet in 2011. q. Applicant expended significant funds in connection with the activities and efforts described above. r. Applicant has incurred legal and engineering fees in connection with the protection and utilization of the subject water right. 5. Claim to Make Absolute. Based upon the verified facts described in Paragraph 4.o and p(vi), Applicant requests that the Court confirm and decree that an additional portion of the subject water right in the amount of 3.6 acre-feet has been placed to beneficial use for industrial and commercial purposes, for a total of 18.0 acre feet absolute for those uses. 6. Name and address of owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed : Applicant. (8 pages)YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.01CW235 S. ROBERT LEVINE, 120 Aviation Avenue, Portsmouth, NH 03801. c/o Fairfield and Woods, P.C., 1700 Lincoln St., Suite 2400, Denver, CO 80203; and, Mountain Law Group, LLC, P.O. Box 7717, Avon, CO 81620. Petition to Correct Decree in EAGLE COUNTY. The decree entered in Case No. 2001CW235 includes erroneous locations for eight of the fourteen decreed wells. In addition, there was a clerical error with regard to the amount of delayed depletions in one month. This petition seeks to correct the well locations and the April delayed depletions. Decreed Locations of Wells: (1) Levine Guest House Well, at a point 400 feet from the North line and 1,675 feet from the West line, § 30, T. 5 S., R. 82 W. of the 6 th P.M. (2) Brereton/Laetsch-Coyote Lodge Well, at a point 1,618 feet from the North line and 959 feet from the West line, § 30, T. 5 S., R. 82 W. of the 6 th P.M. (3) CCR Well No. 2/Car Barn Well at a point 400 feet from the North line and 2,750 feet from the East line, § 30, T. 5 S., R. 82 W. of the 6 th

P.M. (4) Parker/Gatehouse Well at a point 400 feet from the North line and 1,200 feet from the East line, § 30, T. 5 S., R. 82 W. of the 6th P.M. (5) Stark/Stone House Well at a point 400 feet from the South line and 700 feet from the East line, § 19, T. 5 S., R. 82 W. of the 6th P.M. (6) Bell/Ridge Well at a point 2,450 feet from the North line and 2,375 feet from the West line, § 30, T. 5 S., R. 82 W. of the 6th P.M. (7) Levine Main House Well at a point 1,900 feet South of the North line and 2,400 feet East of the West line, § 30, T.

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 17

5 S., R. 82 W. of the 6th P.M. (8) Hinmon Well at a point at a point 1,056 feet South of the North line and 704 feet West of the East line, § 30, T. 5 S., R. 82 W. of the 6 th P.M. Actual Locations of Wells: (1) Levine Guest House Well is located at a point 400 feet from the North line and 1,580 feet from the West line, § 30, T. 5 S., R. 82 W. of the 6 th P.M. (2) The Brereton/Laetsch-Coyote Lodge Well is located at a point 1,730 feet from the North line and 890 feet from the West line, § 30, T. 5 S., R. 82 W. of the 6 th P.M. (3) CCR Well No. 2/Car Barn Well is located at a point 260 feet from the North line and 2,610 feet from the East line, § 30, T. 5 S., R. 82 W. of the 6th P.M. (4) The exempt Parker/Gatehouse Well is located at a point 470 feet from the North line and 1,116 feet from the East line, § 30, T. 5 S., R. 82 W. of the 6 th P.M. (5) The Stark/Stone House Well is located at a point 2285 feet from the South line and 675 feet from the East line, § 19, T. 5 S., R. 82 W. of the 6 th P.M. The UTM coordinates for the Stark/Stone House Well are: 361718.55 E 4384065.09 N (NAD 83 Zone 13N). (6) The Bell/Ridge Well is located at a point 2,630 feet from the South line and 1,930 feet from the West line, § 30, T. 5 S., R. 82 W. of the 6 th P.M. (7) The Levine Main House Well is located at a point 1,500 feet from the North line and 2,190 feet from the West line, § 30, T. 5 S., R. 82 W. of the 6 th P.M. (8) The Hinmon Well is located at a point 975 feet from the North line and 268 feet from the East line, § 30, T. 5 S., R. 82 W. of the 6 th P.M. Additional Correction regarding Depletions: A clerical error in paragraph 25.E., Table 3 of the 2001CW235 Decree indicates delayed depletion for April as 0.225 acre-feet, the delayed depletion in April is in fact 0.255 acre-feet. The Application consists of 7 pages.YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.05CW144 GARFIELD, EAGLE AND PITKIN COUNTIES, ROARING FORK AND FRYING PAN RIVERS. Second Amended Application. Applicant: Elk Meadows Properties, LLC represented by Sara M. Dunn, 1Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. The Claim for Underground Water Rt. for the Reserve at Elk Meadows Well Field is hereby withdrawn. The request for approval of a plan for aug. and exchange to replace out-of-priority diversions at the Reserve at Elk Meadows Well Field is also withdrawn. CLAIM FOR SURFACE WATER RT. Structure: Reserve at Elk Meadows River Div. Legal desc. of pt. of Div. is hereby modified as follows: located in the SE1/4, SE1/4 of Sec. 27, T. 6 S., R. 89 W., 6th P.M. 30 ft. N. of the S. Sec. line and 1,220 ft. W. of the E. Sec. line. Date of Approp.: 2/28/2007. How Approp. was initiated: formation of intent to appropriate water for application to beneficial use and field investigation. Amt.: 2.0 c.f.s., cond. Uses: Supplemental irr. of 80 acres within the property identified on the map on file with Water Court, delivery of water to storage on property for subsequent use of supplemental irr., aug. and fire prot. The Reserve at Elk Meadows River Div. will either divert water from the Roaring Fork River in priority, as described in app., or may divert water released form Ruedi Reservoir pursuant to a contract with the W. Divide Water Conserv. Dist. or a Ruedi Reservoir Water Allotment Contract directly with the Bureau of Rec., during periods of call when the Reserve at Elk Meadows River Div. 2007 Approp. would be out-of-priority. Infor. from Prior Decrees for Ruedi Reservoir. Legal description of place of storag e : Ruedi Reservoir is located in Secs 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the rt. abutment at a pt. whence the SW corner of Sec. 7, T. 8 S., R. 84 W., 6th P.M. bears N. 82 deg 10'W. a dist. of 1,285 ft. Previous storage decrees: CA-4613: 6/20/1958. Amt.: 140,697.3 AF, reduced to 102,369 AF pursuant to order of the Dist. Court, Water Div. No. 5 in Case No. W-789-76. Approp. Date: 7/29/1957. Use: Dom., mun., irr., ind., generation of electrical energy, stock watering and pisc. Case No. 81C W 34 : 4/8/1985. Amt.: 101,280 a.f. (refill). Approp. Date: 1/22/1981. Use: Irr., dom., mun., generation of electrical energy, stock watering, ind., pisc., rec. and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. Name(s) and address(es) of owner(s) of land on which structure(s) is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant, the U.S. Bureau of Reclamation, Eastern Colorado Area Office, Great Plains Region, 11056 W. County Road 18E, Loveland, CO 80537-9711, and the City of Glenwood Springs, c/o Jeff Hecksel, 101 W. 8 th Street, Glenwood Springs, CO 81601. (5 pgs).YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

AUGUST 2012 RESUMEWATER DIVISION 5

PAGE 18

18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.11CW39 (03CW125, 09CW189) GARFIELD COUNTY-CATTLE CREEK ALLUVIUM, TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Terry & Diane Kindell; 7305 C.R. 100; Carbondale, CO 81673 (970)963-7445. Teague Well #1-Amended Application Finding of Reasonable Diligence and for Approval of Plan for Augmentation. The Applicants wish to amend their augmentation plan as decreed in Case No. 09CW189 to include a use for non-commercial livestock watering. They propose reducing the amount of decreed acreage (8,200 sq.ft.) they now irrigate to accommodate the watering of 4 horses. Appropriation: 2/12/91. Amount: 0.33 c.f.s., conditional. Use: livestock watering and irrigation of 2,846 sq. ft. lawns and gardens. (7 pages)YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2012. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.12CW97 IN ROUTT COUNTY Table Rock Properties, LLC (“Table Rock”) c/o Ron Wilson 1100 Louisiana, Suite 320 Houston, TX 77002-5299, c/o Charles B. White Petros & White, LLC, 1999 Broadway, Suite 3200 Denver, CO 80202, cwhite@petros-white.com, (303) 825-1980. AMENDED PROTEST TO REVISED ABANDONMENT LIST Water right description: A. Name of structure: Holt No. 1 Ditch, WDID 5300625. B. Date of original decree: Adjudicated September 13, 1967, Priority No. 459, in Civil Action No. 1416, Eagle County District Court. C. Location and legal description: The decreed point of diversion of said ditch is located on Egeria Creek, a tributary of Rock Creek, a tributary of the Colorado River, whence the East ¼ corner of Section 30, Township 1 South, Range 83 West of the 6th P.M. bears S. 1630’ E. 4,051.8 feet. The location of this structure is described in the State Engineer’s CDSS database as being in the NW1/4 SE1/4 SE1/4 of Section 19, T. 1 S, R. 83 W., 6 th P.M. D. Source of water: Egeria Creek, tributary of Rock Creek, tributary of the Colorado River. E. Decreed use or uses: Irrigation. F. Appropriation date: May 1, 1934. G. Decreed amount: 8.7 c.f.s. H. Amount listed as having been abandoned: 7.51 c.f.s. I. Former district number and page number where listed on the abandonment list: The Holt No. 1 Ditch is located in former Water District No. 53 and appears on page 2 of the Division 5 Revised Abandonment List. Table Rock respectfully requests that an additional 2.81 c.f.s. be removed from the Revised Abandonment List, leaving 4.7 c.f.s. of the water right to be abandoned and 4.0 c.f.s. as absolute.YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2012 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this protest should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.