DIVISION 5 WATER COURT-DECEMBER 2008 RESUME · 2010-01-07 · division 5 water court-december 2008...

DIVISION 5 WATER COURT-DECEMBER 2008 RESUME 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW149 APPLICATION FOR CHANGE OF WATER RIGHTS, 1. Name, Address, and Telephone Number of Applicant. 2001 Properties LLC, ("Applicant"), Attn: Steve Lewerenz, 5700 Stateline Road, Mission Hills, Kansas , Telephone: 913-486-3532, c/o James S. Lochhead, Brownstein Hyatt Farber Schreck, LLP, P.O. Box 357, Glenwood Springs, CO, 81602, Phone Number: 970-945-5302, [email protected]. 2. Decreed name of structure for which change is sought. A. Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement. B. Wolford Mountain Reservoir. C. Ruedi Reservoir. 3. From Previous Decree: a. Date Entered: Plan for Augmentation and Exchange dated October 7, 2008, in Case No. 01CW239. b. Decreed points of diversion: 1. Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement: Located in the SW1/4 of the NE1/4 of Section 1, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South , Range 85 West of the 6th P.M. bears South 68 degrees 38 minutes 47 seconds West a distance of 8815 feet. 2. Wolford Mountain Reservoir: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54Ε54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. 3. Ruedi Reservoir: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties, and derives its water supply from the Fryingpan River. A. Sources: 1. Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement: Eagle River, tributary to the Colorado River. 2. Wolford Mountain Reservoir: Muddy Creek and its tributaries, tributary to the Colorado River. 3. Ruedi Reservoir: Frying Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. A. Appropriation Dates and amounts: 1. Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement: September 28, 2001 for 1.5 c.f.s. 2. Wolford Mountain Reservoir: (1) December 14, 1987, for 59,993 a.f. (2) August 26, 1997, for 6,000 a.f. (3) November 17, 1998, for 30,000 a.f. 2. Ruedi Reservoir: July 29, 1957, for 102,369 a.f., with a refill right of 101,280 a.f. E. Historic use: N/A. 4. Proposed Change: The Decree in Case No. 01CW239, in the Introduction, contains a legal description of the property to be served by the plan for augmentation and exchange decreed in that case. The legal description of the property to be served by the plan for augmentation and exchange decreed in Case No. 01CW239 is described in that decree as: Land located in Eagle County, Colorado, in the SE1/4SW1/4, SW1/4SE1/4, SW1/4SW1/4 Section 2, SE1/4SE1/4 Section 3, NE1/4NE1/4 Section 10, SE1/4NW1/4, SW1/4NW1/4, NW1/4NW1/4, NE1/4NW1/4 Section 11, Township 5 South, Range 85 West, 6th P.M. The Applicant has acquired additional contiguous property, and seeks to change the water rights and amend the legal description of the property to be served by the plan for augmentation and exchange decreed in Case No. 01CW239 to include this contiguous property. The legal description of the property to be served by the plan for augmentation and exchange decreed in Case No. 01CW239 is requested to be: Land located in Eagle County, Colorado, in the S1/2SW1/4, SW1/4SE1/4 of Section 2, SE1/4SE1/4 of Section 3, NE1/4NE1/4 of Section 10, NW1/4, E1/2SW1/4, W1/2SE1/4, SE1/4SE1/4 of Section 11, and NE1/4 of Section 14, Township 5 South, Range 85 West of the 6th P.M. The property to be served by the plan for augmentation and exchange decreed in Case No. 01CW239, and the property requested to be served by this application, as shown on Exhibit A. Except as specifically changed and amended as requested herein, the Decree in Case No. 01CW239, including specifically all terms and conditions thereof, shall remain in full force and effect. The change of water rights and amendment of the Decree in Case No. 01CW239 to include the additional contiguous property to be served will not affect in any material way the operation of the decreed plan for augmentation and exchange, and therefore will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW150 APPLICATION FOR CHANGE OF WATER RIGHTS, 1. Name, Address, and Telephone Number of Applicant. 2001 Properties LLC, ("Applicant"), Attn: Steve Lewerenz, 5700 Stateline Road, Mission Hills, Kansas , Telephone: 913-486-3532, c/o James S. Lochhead, Brownstein Hyatt Farber Schreck, LLP, P.O. Box 357, Glenwood Springs, CO, 81602, Phone Number: 970-945-5302, [email protected]. 2. Decreed name of structure for which change is sought: A. Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement. B. Wolford Mountain Reservoir. C. Ruedi Reservoir. 3. From Previous Decree: A. Date Entered: Plan for Augmentation and Exchange dated October 7, 2008, in Case No. 01CW240. B. Decreed points of diversion: 1. Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement: Located in the SW1/4 of the NE1/4 of Section 1, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South , Range 85 West of the 6th P.M. bears South 68 degrees 38 minutes 47 seconds West a distance of 8815 feet. 2. Wolford Mountain Reservoir: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54Ε54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. 3. Ruedi Reservoir: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties, and derives its water supply from the

DECEMBER 2008 RESUME WATER DIVISION 5

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Fryingpan River. A. Sources: 1. Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement: Eagle River, tributary to the Colorado River. 2. Wolford Mountain Reservoir: Muddy Creek and its tributaries, tributary to the Colorado River. 3. Ruedi Reservoir: Frying Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. A. Appropriation Dates and amounts: 1. Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement: September 28, 2001 for 1.5 c.f.s. 2. Wolford Mountain Reservoir: (1) December 14, 1987, for 59,993 a.f. (2) August 26, 1997, for 6,000 a.f. (3) November 17, 1998, for 30,000 a.f. 2. Ruedi Reservoir: July 29, 1957, for 102,369 a.f., with a refill right of 101,280 a.f. E. Historic use: N/A. 4. Proposed Change: The Decree in Case No. 01CW240, in the Introduction, contains a legal description of the property to be served by the plan for augmentation and exchange decreed in that case. The legal description of the property to be served by the plan for augmentation and exchange decreed in Case No. 01CW240 is described in that decree as: Land located in Eagle County, Colorado, in the SE1/4SW1/4, SW1/4SE1/4, SW1/4SW1/4 Section 2, SE1/4SE1/4 Section 3, NE1/4NE1/4 Section 10, SE1/4NW1/4, SW1/4NW1/4, NW1/4NW1/4, NE1/4NW1/4 Section 11, Township 5 South, Range 85 West, 6th P.M. The Applicant has acquired additional contiguous property, and seeks to change the water rights and amend the legal description of the property to be served by the plan for augmentation and exchange decreed in Case No. 01CW240 to include this contiguous property. The legal description of the property to be served by the plan for augmentation and exchange decreed in Case No. 01CW240 is requested to be: Land located in Eagle County, Colorado, in the S1/2SW1/4, SW1/4SE1/4 of Section 2, SE1/4SE1/4 of Section 3, NE1/4NE1/4 of Section 10, NW1/4, E1/2SW1/4, W1/2SE1/4, SE1/4SE1/4 of Section 11, and NE1/4 of Section 14, Township 5 South, Range 85 West of the 6th P.M. The property to be served by the plan for augmentation and exchange decreed in Case No. 01CW240, and the property requested to be served by this application, as shown on Exhibit A. Except as specifically changed and amended as requested herein, the Decree in Case No. 01CW240, including specifically all terms and conditions thereof, shall remain in full force and effect The change of water rights and amendment of the Decree in Case No. 01CW240 to include the additional contiguous property to be served will not affect in any material way the operation of the decreed plan for augmentation and exchange, and therefore will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW151 APPLICATION FOR CHANGE OF WATER RIGHTS, 1. Name, Address, and Telephone Number of Applicant. 2001 Properties LLC, ("Applicant"), Attn: Steve Lewerenz, 5700 Stateline Road, Mission Hills, Kansas , Telephone: 913-486-3532, c/o James S. Lochhead, Brownstein Hyatt Farber Schreck, LLP, P.O. Box 357, Glenwood Springs, CO, 81602, Phone Number: 970-945-5302, [email protected]. Introduction: Applicant is the owner of land to become a planned residential and commercial development and a golf course, known as the Saddle Ridge Development ("Development"). Such land is located in Eagle County, Colorado, in the S1/2SW1/4, SW1/4SE1/4 of Section 2, SE1/4SE1/4 of Section 3, NE1/4NE1/4 of Section 10, NW1/4, E1/2SW1/4, W1/2SE1/4, SE1/4SE1/4 of Section 11, and NE1/4 of Section 14, Township 5 South, Range 85 West of the 6th P.M. A map showing the location of the Development is attached hereto as Exhibit A. FIRST CLAIM: Surface Water Rights. 1. Name of Structure: Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. 2. Legal description of point of diversion: Located in the SW1/4NE1/4, Section 1, Township 5 South, Range 85 West of the 6th P.M., at a distance of 2,700 feet from the East Section line and 2,020 feet from the North Section Line. The general location of the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement is depicted on Exhibit A hereto. 3. Source: Eagle River, tributary to the Colorado River. 4. Appropriation: A. Date of Initiation of Appropriation: October 31, 2008. B. How appropriation was initiated: By the formation of intent to make the appropriation and overt acts constituting a substantial step towards the appropriation, including the preparation of engineering plans for an additional pump in the pump station. C. Date water applied to beneficial use: Water has not yet been applied to beneficial use. D. Amount: 3.5 c.f.s., conditional. E. Proposed use: Water will be used to fill and refill Saddle Ridge Reservoir Nos. 1-5, and for irrigation inside the Development, including irrigation of lawns, gardens, landscaping, wildlife habitat, riparian habitat, native vegetation and a golf course, and for recreational, aesthetic and piscatorial purposes. (1) Number of acres historically irrigated: Not applicable. (2) Number of acres proposed to be irrigated: A total of 141 acres will be irrigated, including 93 acres of wildlife habitat, 10 acres of riparian habitat, 22 acres of native vegetation, and 16 acres of golf course irrigation. (3) Legal description of acreage to be irrigated: The 141 acres to be irrigated are located within portions of the Development, as shown on Exhibit A. 5. Name and address of owner of land on which points of diversion and place of use are located: Point of Diversion: Hillis of Snowmass Inc, c/o Frank W. Zlogar, 1380 Lawrence Street, Suite 300, Denver, CO, (303) 446-8300. The physical address of the property is 14245 Hwy 6. The State Parcel ID is 2111-012-00-014. Place of Use: Applicant. 6. Remarks: The Development will include a total of 5 reservoirs totaling up to 210 acre-feet in capacity, referred to as Saddle Ridge Reservoir Nos. 1-5 described below, which may be filled and refilled


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through the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement water right for which application is made hereby. In addition to this decree, Applicant has filed for a separate augmentation plan with regard to the Second Enlargement water right to augment out-of-priority diversions thereunder used to fill and refill Reservoir Nos. 1-5 and to irrigate 141 acres. SECOND CLAIM: Water Storage Right 7. Name of reservoir: Saddle Ridge Reservoir No. 1. 8. Legal description of location of pond: The northwesterly corner of the pond is located in the NE1/4NW1/4, Section 11, Township 5 South, Range 85 West of the 6th P.M. a distance of 1,655 feet from the West Section Line and 50 feet from the North Section Line. 9. Water right used to fill reservoir: Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. See paragraph 2, above, for legal description of the point of diversion. The Saddle Ridge Reservoir Nos. 1-5 will be lined and will not be located on or fill from natural watercourses. The Saddle Ridge Reservoir Nos. 1-5 will have a combined storage capacity of 210 acre-feet. The Applicant seeks the right to fill the Saddle Ridge Reservoir Nos. 1-5 in any order or combination, up to a total of 120 acre-feet of initial fill under the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and 90 acre-feet of initial fill under the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. Refill would be under the two water rights as they are in priority. 10. Source: Eagle River, tributary to the Colorado River. 11. Appropriation: A. Date of initiation of appropriation: October 31, 2006. B. How appropriation was initiated: By the formation of intent to make the appropriation and overt acts constituting a substantial step towards the appropriation, including the preparation of engineering plans and rough grading of the pond. C. Date water applied to beneficial use: Water has not yet been applied to beneficial use. Applicant seeks conditional water storage rights for Saddle Ridge Reservoir Nos. 1-5. D. Amount: (1) Acre feet: 105.0 acre feet, conditional, together with the right to fill and refill the reservoir. (2)Rate of diversion for filling each reservoir: 5.0 c.f.s, conditional. E. Use: Reservoir No. 1 will be used for irrigation inside the Development, including irrigation of lawns, gardens, landscaping, wildlife habitat, riparian habitat, native vegetation and a golf course, and for recreational, aesthetic and piscatorial purposes. F. Number of acres historically irrigated: Not applicable. G. Total number of acres proposed to be irrigated: 256 acres. H.Legal description of acreage irrigated or to be irrigated: The 256 acres to be irrigated are located within portions of the 1/2SW1/4, SW1/4SE1/4 of Section 2, SE1/4SE1/4 of Section 3, NE1/4NE1/4 of Section 10, NW1/4, E1/2SW1/4, W1/2SE1/4, SE1/4SE1/4 of Section 11, and NE1/4 of Section 14, Township 5 South, Range 85 West, 6th P.M. I. Surface area of high water line: 7.3 acres. J. Maximum height and length of dam in feet: The maximum height of the dam will be less than 10 feet. Saddle Ridge Reservoir Nos. 1-5 will be constructed below grade and may not have traditional dams. The active capacity of the reservoirs will be controlled by the outlet features and the level of pump intakes for each reservoir. To the extent a dam is required, the height (which will not exceed 10 feet under any configuration) and length will depend on the final reservoir location and configuration. K. Total capacity of reservoir in acre feet: 105.0 acre feet. (1) Active capacity: 105.0 acre feet. (2) Dead storage: 0.0 acre feet. 12. Name and address of owner of land on which structure for the water storage right is located: Applicant. THIRD CLAIM: Water Storage Right. 13. Name of reservoir: Saddle Ridge Reservoir No. 2 14. Legal description of location of pond: The most westerly point on the edge of the pond is located in the NE1/4NW1/4, Section 11, Township 5 South, Range 85 West of the 6th P.M. a distance of 1,880 feet from the West Section Line and 880 feet from the North Section Line. 15. Water right used to fill reservoirs: Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. See paragraph 2, above, for legal description of the point of diversion. The Saddle Ridge Reservoir Nos. 1-5 will be lined and will not be located on or fill from natural watercourses. The Saddle Ridge Reservoir Nos. 1-5 will have a combined storage capacity of 210 acre-feet. The Applicant seeks the right to fill the Saddle Ridge Reservoir Nos. 1-5 in any order or combination, up to a total of 120 acre-feet of initial fill under the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and 90 acre-feet of initial fill under the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. Refill would be under the two water rights as they are in priority. 16. Source: Eagle River, tributary to the Colorado River. 17. Appropriation: A. Date of initiation of appropriation: October 31, 2006. B. How appropriation was initiated: By the formation of intent to make the appropriation and overt acts constituting a substantial step towards the appropriation, including the preparation of engineering plans and rough grading of the pond. C. Date water applied to beneficial use: Water has not yet been applied to beneficial use. Applicant seeks conditional water storage rights for Saddle Ridge Reservoir Nos. 1-5. D. Amount: (1) Acre feet: 7.0 acre feet, conditional, together with the right to fill and refill the reservoir. (2) Rate of diversion for filling each reservoir: 5.0 c.f.s, conditional. E. Use: Reservoir No. 2 will be used for irrigation inside the Development, including irrigation of lawns, gardens, landscaping, wildlife habitat, riparian habitat, native vegetation and a golf course, and for recreational, aesthetic and piscatorial purposes. F. Number of acres historically irrigated: Not applicable. G. Total number of acres proposed to be irrigated: 256 acres. H. Legal description of acreage irrigated or to be irrigated: The 256 acres to be irrigated are located within portions of the S1/2SW1/4, SW1/4SE1/4 of Section 2, SE1/4SE1/4 of Section 3, NE1/4NE1/4 of Section 10, NW1/4, E1/2SW1/4, W1/2SE1/4, SE1/4SE1/4 of Section 11, and NE1/4 of Section 14, Township 5 South, Range 85 West of the 6th P.M. I. Surface area of high water line: 1.34 acres. J. Maximum height and length of dam in feet: The maximum height of the dam will be less than 10 feet. Saddle Ridge Reservoir Nos. 1-5 will be constructed below grade and may not have traditional dams. The active capacity of the reservoirs will be controlled by the outlet features and the level of pump intakes for each reservoir. To the extent a dam is required, the height (which will not exceed 10 feet under any configuration) and length will depend on the final reservoir location and configuration. K. Total capacity of reservoir in acre feet: 7.0 acre feet. (1) Active capacity: 7.0 acre feet. (2) Dead storage: 0.0 acre feet. 18. Name and


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address of owner of land on which structure for the water storage right is located: Applicant. FOURTH CLAIM: Water Storage Right. 19. Name of reservoir: Saddle Ridge Reservoir No. 3. 20. Legal description of location of pond: The most westerly point on the edge of the pond is located in the NE1/4NW1/4, Section 11, Township 5 South, Range 85 West of the 6th P.M. a distance of 1,970 feet from the West Section Line and 1,160 feet from the North Section Line. 21. Water right used to fill reservoirs: Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. See paragraph 2, above, for legal description of the point of diversion. The Saddle Ridge Reservoir Nos. 1-5 will be lined and will not be located on or fill from natural watercourses. The Saddle Ridge Reservoir Nos. 1-5 will have a combined storage capacity of 210 acre-feet. The Applicant seeks the right to fill the Saddle Ridge Reservoir Nos. 1-5 in any order or combination, up to a total of 120 acre-feet of initial fill under the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and 90 acre-feet of initial fill under the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. Refill would be under the two water rights as they are in priority. 22. Source: Eagle River, tributary to the Colorado River. 23. Appropriation: A. Date of initiation of appropriation: October 31, 2006. B. How appropriation was initiated: By the formation of intent to make the appropriation and overt acts constituting a substantial step towards the appropriation, including the preparation of engineering plans and rough grading of the pond. C. Date water applied to beneficial use: Water has not yet been applied to beneficial use. Applicant seeks conditional water storage rights for Saddle Ridge Reservoir Nos. 1-5. D. Amount: (1) Acre feet: 2.0 acre feet, conditional, together with the right to fill and refill the reservoir. (2) Rate of diversion for filling each reservoir: 5.0 c.f.s, conditional. E. Use: Reservoir No. 3 will be used for irrigation inside the Development, including irrigation of lawns, gardens, landscaping, wildlife habitat, riparian habitat, native vegetation and a golf course, and for recreational, aesthetic and piscatorial purposes. F. Number of acres historically irrigated: Not applicable. G. Total number of acres proposed to be irrigated: 256 acres. H. Legal description of acreage irrigated or to be irrigated: The 256 acres to be irrigated are located within portions of the S1/2SW1/4, SW1/4SE1/4 of Section 2, SE1/4SE1/4 of Section 3, NE1/4NE1/4 of Section 10, NW1/4, E1/2SW1/4, W1/2SE1/4, SE1/4SE1/4 of Section 11, and NE1/4 of Section 14, Township 5 South, Range 85 West of the 6th P.M. I. Surface area of high water line: 0.41 acres. J. Maximum height and length of dam in feet: The maximum height of the dam will be less than 10 feet. Saddle Ridge Reservoir Nos. 1-5 will be constructed below grade and may not have traditional dams. The active capacity of the reservoirs will be controlled by the outlet features and the level of pump intakes for each reservoir. To the extent a dam is required, the height (which will not exceed 10 feet under any configuration) and length will depend on the final reservoir location and configuration. K. Total capacity of reservoir in acre feet: 2.0 acre feet. (1) Active capacity: 2.0 acre feet. (2) Dead storage: 0.0 acre feet. 24. Name and address of owner of land on which structure for the water storage right is located: Applicant. FIFTH CLAIM: Water Storage Right. 25. Name of reservoir: Saddle Ridge Reservoir No. 4. 26. Legal description of location of pond: The most northerly point on the edge of the pond is located in the NE1/4NW1/4, Section 11, Township 5 South, Range 85 West of the 6th P.M. a distance of 1,560 feet from the West Section Line and 1,350 feet from the North Section Line. 27. Water right used to fill reservoirs: Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. See paragraph 2, above, for legal description of the point of diversion. The Saddle Ridge Reservoir Nos. 1-5 will be lined and will not be located on or fill from natural watercourses. The Saddle Ridge Reservoir Nos. 1-5 will have a combined storage capacity of 210 acre-feet. The Applicant seeks the right to fill the Saddle Ridge Reservoir Nos. 1-5 in any order or combination, up to a total of 120 acre-feet of initial fill under the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and 90 acre-feet of initial fill under the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. Refill would be under the two water rights as they are in priority. 28. Source: Eagle River, tributary to the Colorado River. 29. Appropriation: A. Date of initiation of appropriation: November 31, 2006. B. How appropriation was initiated: By the formation of intent to make the appropriation and overt acts constituting a substantial step towards the appropriation, including the preparation of engineering plans and rough grading of the pond. C. Date water applied to beneficial use: Water has not yet been applied to beneficial use. Applicant seeks conditional water storage rights for Saddle Ridge Reservoir Nos. 1-5. D. Amount: (1) Acre feet: 35.0 acre feet, conditional, together with the right to fill and refill the reservoir. (2) Rate of diversion for filling each reservoir: 5.0 c.f.s, conditional. E. Use: Reservoir No. 4 will be used for irrigation inside the Development, including irrigation of lawns, gardens, landscaping, wildlife habitat, riparian habitat, native vegetation and a golf course, and for recreational, aesthetic and piscatorial purposes. F. Number of acres historically irrigated: Not applicable. G. Total number of acres proposed to be irrigated: 256 acres. H. Legal description of acreage irrigated or to be irrigated: The 256 acres to be irrigated are located within portions of the S1/2SW1/4, SW1/4SE1/4 of Section 2, SE1/4SE1/4 of Section 3, NE1/4NE1/4 of Section 10, NW1/4, E1/2SW1/4, W1/2SE1/4, SE1/4SE1/4 of Section 11, and NE1/4 of Section 14, Township 5 South, Range 85 West of the 6th P.M. I. Surface area of high water line: 0.5 acres. J. Maximum height and length of dam in feet: The maximum height of the dam will be less than 10 feet. Saddle Ridge Reservoir Nos. 1-5 will be constructed below grade and may not have traditional dams. The active capacity of the reservoirs will be controlled by the outlet features and the level of pump intakes for each reservoir. To the extent a dam is required, the height (which will not exceed 10 feet under any configuration) and length will depend on the final reservoir location and configuration. K. Total capacity of reservoir in acre feet: 35.0 acre feet. (1) Active capacity: 35.0 acre feet. (2) Dead storage: 0.0 acre feet. 30. Name and address of owner of land on which structure for the water storage right is located: William Ewing, Wilma Ewing, Bart Ewing and Mary Kate Ewing, P.O. Box 2303, Edwards, CO 81632. The Applicant has the right to construct and operate the Saddle Ridge Reservoir No. 4 on this property by virtue of the Reciprocal Easement, Use and Development


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Agreement recorded August 15, 2006 as Reception No. 200622239. SIXTH CLAIM: Water Storage Right. 31. Name of reservoir: Saddle Ridge Reservoir No. 5. 32. Legal description of location of pond: The most northwesterly corner of the pond is located in the NW1/4NE1/4, Section 14, Township 5 South, Range 85 West of the 6th P.M. a distance of 1,420 feet from the East Section Line and 460 feet from the North Section Line. 33. Water right used to fill reservoirs: Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. See paragraph 2, above, for legal description of the point of diversion. The Saddle Ridge Reservoir Nos. 1-5 will be lined and will not be located on or fill from natural watercourses. The Saddle Ridge Reservoir Nos. 1-5 will have a combined storage capacity of 210 acre-feet. The Applicant seeks the right to fill the Saddle Ridge Reservoir Nos. 1-5 in any order or combination, up to a total of 120 acre-feet of initial fill under the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement water right decreed in Case No. 01CW241, and 90 acre-feet of initial fill under the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement. Refill would be under the two water rights as they are in priority. 34. Source: Eagle River, tributary to the Colorado River. 35. Appropriation: A. Date of initiation of appropriation: July 31, 2007. B. How appropriation was initiated: By the formation of intent to make the appropriation and overt acts constituting a substantial step towards the appropriation, including the preparation of engineering plans and rough grading of the pond. C. Date water applied to beneficial use: Water has not yet been applied to beneficial use. Applicant seeks conditional water storage rights for Saddle Ridge Reservoir Nos. 1-5. D. Amount: (1) Acre feet: 61.0 acre feet, conditional, together with the right to fill and refill the reservoir. (2) Rate of diversion for filling each reservoir: 5.0 c.f.s, conditional. E. Use: Reservoir No. 5 will be used for irrigation inside the Development, including irrigation of lawns, gardens, landscaping, wildlife habitat, riparian habitat, native vegetation and a golf course, and for recreational, aesthetic and piscatorial purposes. F. Number of acres historically irrigated: Not applicable. G. Total number of acres proposed to be irrigated: 256 acres. H. Legal description of acreage irrigated or to be irrigated: The 256 acres to be irrigated are located within portions of the S1/2SW1/4, SW1/4SE1/4 of Section 2, SE1/4SE1/4 of Section 3, NE1/4NE1/4 of Section 10, NW1/4, E1/2SW1/4, W1/2SE1/4, SE1/4SE1/4 of Section 11, and NE1/4 of Section 14, Township 5 South, Range 85 West of the 6th P.M. I. Surface area of high water line: 4.0 acres. J. Maximum height and length of dam in feet: The maximum height of the dam will be less than 10 feet. Saddle Ridge Reservoir Nos. 1-5 will be constructed below grade and may not have traditional dams. The active capacity of the reservoirs will be controlled by the outlet features and the level of pump intakes for each reservoir. To the extent a dam is required, the height (which will not exceed 10 feet under any configuration) and length will depend on the final reservoir location and configuration. K. Total capacity of reservoir in acre feet: 61.0 acre feet. (1) Active capacity: 61.0 acre feet. (2) Dead storage: 0.0 acre feet. 36. Name and address of owner of land on which structure for the water storage right is located: The Applicant owns the land on which the reservoirs are to be located. See paragraph 1 for Applicant's address. SEVENTH CLAIM: Change of Water Right. 37. Decreed name of structure for which change is sought: Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement. 38. From Previous Decree: A. Date Entered: Case No. 01CW241, July 24, 2008. B. Decreed point of diversion: Located in the SW1/4NE1/4, Section 1, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 1, Township 5 South, Range 85 West of the 6th P.M. bears South 68°38'32" West a distance of 9,401.90 feet. C. Source: Eagle River, tributary to the Colorado River. D. Appropriation Date and amounts: September 28, 2001, for 1.5 c.f.s., conditional. E. Historic use: N/A. 39. Proposed Change: The Applicant seeks to change the place of use and point of diversion for the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement. A. The Decree in Case No. 01CW241, in the Introduction, contains a legal description of the property to be served by the water rights decreed in that case. The legal description of the property to be served by the water rights decreed in Case No. 01CW241 is described in that decree as: Land located in Eagle County, Colorado, in the SE1/4SW1/4, SW1/4SE1/4, SW1/4SW1/4 Section 2, SE1/4SE1/4 Section 3, NE1/4NE1/4 Section 10, SE1/4NW1/4, SW1/4NW1/4, NW1/4NW1/4, NE1/4NW1/4 Section 11, Township 5 South, Range 85 West, 6th P.M. The Decree in Case No. 01CW241 provides that the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement will irrigate a total of 115 acres within that area, including 25 acres of lawns, gardens and landscaping, and 90 acres of golf course irrigation. The Applicant has acquired additional contiguous property, and seeks to change the water rights and amend the legal description of the property to be served by the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement decreed in Case No. 01CW241 to include this contiguous property. The legal description of the property to be served by the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement decreed in Case No. 01CW241 is requested to be: A total of 115 acres, including 25 acres of lawns, gardens and landscaping, and 90 acres of golf course irrigation, located in Eagle County, Colorado, in the S1/2SW1/4, SW1/4SE1/4 of Section 2, SE1/4SE1/4 of Section 3, NE1/4NE1/4 of Section 10, NW1/4, E1/2SW1/4, W1/2SE1/4, SE1/4SE1/4 of Section 11, and NE1/4 of Section 14, Township 5 South, Range 85 West of the 6th P.M. The property to be served by the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement decreed in Case No. 01CW241, and the property requested to be served by this application, as shown on Exhibit A. B. The original application in Case No. 01CW241 requests the point of diversion for the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement as: Located in the SW1/4NE1/4, Section 1, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 1, Township 5 South, Range 85 West of the 6th P.M. bears South 68°38'32" West a distance of 9,401.90 feet. The applicant filed an amended application in Case No. 01CW241 which amended the requested point of diversion for the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement to be: Located in the SW1/4 of the NE1/4 of Section 1, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears South 68 degrees 38 minutes 47 seconds West a distance of 8815 feet. The amended application was published in the Division No. 5 resume. Due to clerical error, the point of diversion requested in the Amended Application was not


PAGE 6

reflected in the final decree in Case No. 01CW241. Therefore, the Applicant requests that the point of diversion decreed in Case No. 01CW241 be changed to be: Located in the SW1/4 of the NE1/4 of Section 1, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears South 68 degrees 38 minutes 47 seconds West a distance of 8815 feet. Said point is also described as located in the SW1/4NE1/4, Section 1, Township 5 South, Range 85 West of the 6th P.M., at a distance of 2,700 feet from the East Section line and 2,020 feet from the North Section Line. The general location of the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement is depicted on Exhibit A. C. Except as specifically changed and amended as requested herein, the Decree in Case No. 01CW241shall remain in full force and effect D. The change of water right and amendment of the Decree in Case No. 01CW241 to change the place of use and point of diversion as requested herein will not affect in any material way the operation of said water right, and therefore will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. NINTH CLAIM: Change of Water Rights. 40. Decreed name of structure for which change is sought: Saddle Ridge Reservoir Nos. 1-15, 41. From Previous Decree: A. Date Entered: Case No. 01CW241, July 24, 2008. B. Decreed point of diversion: The decreed locations for the Saddle Ridge Reservoir Nos. 1-15 are shown on the following table.

Structure Location of Dam Decreed in Case No. 01CW241

Saddle Ridge Reservoir No. 1

Located in the SE1/4NW1/4, Section 11, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears North 40°10'03" West a distance of 3,329.44 feet.


Located in the SW1/4NW1/4, Section 11, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears North 34°38'9" West a distance of 2,080.92 feet.


Located in the NW1/4NW1/4, Section 11, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears North 45°40'43" West a distance of 1,505.34 feet.


Located in the SE1/4SE1/4, Section 3, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears South 77°16'55" East a distance of 101.75 feet.


Located in the SE1/4SE1/4, Section 3, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears South 36°9'22" East a distance of 481.94 feet.






Located in the NE1/4NW1/4, Section 11, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears North 83°6'32" West a distance of 1,804.21 feet.


Located in the NE1/4NW1/4, Section 11, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears North 78°35'36" West a distance of 2,029.52 feet.


Located in the SE1/4SW1/4, Section 2, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears South 87°11'37" West a distance of 2,322.65 feet.






PAGE 7


Located in the SW1/4SE1/4, Section 2, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears South 73°53'18" West a distance of 3,075.08 feet.


Located in the SW1/4SE1/4, Section 2, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears South 80°30'6" West a distance of 3,330.39 feet.

Saddle Ridge Reservoir No. 15 Located in the SW1/4SE1/4, Section 2, Township 5 South, Range 85 West of the 6th P.M. at a point whence the

SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears South 83°19'36" West a distance of 3,706.036 feet.

A. Source: Eagle River, tributary to the Colorado River. B. Appropriation Date and amounts: September 28, 2001, for the amounts shown on the following table.

Structure Amt./Volume (AF) (Conditional)

Surface Area (acres)

Dam Characteristics Maximum Dam Height (ft)

Active Capacity

Dead Storage

Saddle Ridge Reservoir No. 1 10.0 1.0 10 9.0 1.0















5.0 0.5 10 4.5 0.5

Total

120.0 12.0 -- 108.0 12.0

E. Historic use: N/A. 42. Proposed Change: The Applicant seeks to change the place of storage for the water rights to the Saddle Ridge Reservoir Nos. 1-15 to the Saddle Ridge Reservoir Nos. 1-5, as described in Claims 2-6, above. The Saddle Ridge Reservoir Nos. 1-5 will be lined and will not be located on or fill from natural watercourses. The Saddle Ridge Reservoir Nos. 1-5


PAGE 8

will have a combined storage capacity of 210 acre-feet. The Applicant seeks the right to fill and refill the Saddle Ridge Reservoir Nos. 1-5 in any order or combination, up to a total of 120 acre-feet under the priorities for the Saddle Ridge Reservoir Nos. 1-15, as decreed in Case No. 01CW241. Fill and refill of the Saddle Ridge Reservoir Nos. 1-5 in excess of a total of 120 acre-feet will be under the priorities to those reservoirs, as described in Claims 2-6, above. Except as specifically changed and amended as requested herein, the Decree in Case No. 01CW241shall remain in full force and effect. The change of water right and amendment of the Decree in Case No. 01CW241 to change the place of storage as requested herein will not affect in any material way the operation of said water rights, and therefore will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. (20 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW152 GARFIELD COUNTY-Application for Surface Water Rights. Name, address, telephone number of Applicant: Morrisania Water Supply Company, P.O. Box 431, Parachute, CO 81635, c/o Stuver, LeMoine & Clifton, P.C., P. O. Box 907, Rifle, CO 81650, (970) 625-1887. 2. Name of Structure: Battlement Ditch.3. Point of Diversion: The headgate for Battlement Ditch is located in the NESE of Section 15, Township 7 South, Range 95 West the 6th P.M in Garfield County, Colorado at a point 1170 feet from the East section line and 2160 feet from the South section line. 4. Source: Battlement Creek tributary to the Colorado River. 5. Date of appropriation: May 22, 1997. How appropriation was initiated: Use of water. Date applied to beneficial use: May 22, 1997. 6. Amount Claimed: 3.06 cfs, absolute. A copy of the diversion record is attached to the application. 7. Use: Irrigation on lands within the service area of the Morrisania Water Supply Company totaling 880 acres. 8. Name and address of owners of the land upon the diversion structure for Battlement Ditch is located: Randy Warren, 3393 County Road 302, Parachute, CO 81635. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW153 APPLICATION FOR CHANGE OF WATER RIGHTS, 1. Name, Address, and Telephone Number of Applicant. 2001 Properties LLC, ("Applicant"), Attn: Steve Lewerenz, 5700 Stateline Road, Mission Hills, Kansas , Telephone: 913-486-3532, Saddle Ridge Metropolitan District, Bruce Lewis, Chairman, Board of Directors, 823 Blake Avenue, Suite 102, Glenwood Springs, CO 81601, c/o James S. Lochhead, Brownstein Hyatt Farber Schreck, LLP, P.O. Box 357, Glenwood Springs, CO, 81602, Phone Number: 970-945-5302, [email protected]. INTRODUCTION. Applicant 2001 Properties is the owner of land to become a planned residential and commercial development and a golf course, known as the Saddle Ridge Development ("Development"). Such land is located in Eagle County, Colorado, in the S1/2SW1/4, SW1/4SE1/4 of Section 2, SE1/4SE1/4 of Section 3, NE1/4NE1/4 of Section 10, NW1/4, E1/2SW1/4, W1/2SE1/4, SE1/4SE1/4 of Section 11, and NE1/4 of Section 14, Township 5 South, Range 85 West of the 6th P.M. A map showing the location of the Development is attached hereto as Exhibit A. Applicant Saddle Ridge Metropolitan District will provide water service to the Development. In Case No. 01CW241, Applicant 2001 Properties obtained a decree for surface water rights for the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement and for water storage rights for Saddle Ridge Reservoir Nos. 1-15. These water rights will be used to fill and refill the reservoirs, to irrigate 25 acres of lawns, gardens and landscaping, and for 90 acres of golf course irrigation. In Case No. 01CW240, Applicant 2001 Properties obtained a decree for a plan for augmentation and appropriative right of exchange to address the augmentation of out-of-priority diversions used for the 90 acres of golf course irrigation through the water rights decreed in Case No. 01CW241. In Case No. 01CW239, Applicant 2001 Properties obtained a decree for a plan for augmentation and appropriative right of exchange to address the augmentation of out-of-priority diversions used to fill and refill the reservoirs and for 25 acres of lawns, gardens and landscaping through the water rights decreed in Case No. 01CW241. The Applicant 2001 Properties has acquired contiguous property to be included in the Development, in addition to that referenced in the Decrees in Case Nos. 01CW239, 240 and 241. The Applicants desire to provide for the irrigation of an additional 141 acres in the Development and to add an additional 7.5 acres of water surface area to that provided for in those decrees.


PAGE 9

In Case Nos. 08CW149 and 150, the Applicant 2001 Properties filed applications to change the place of use referenced in the decrees in Case Nos. 01CW239 and 01CW240 to add the acquired property to the Development. In Case No. 08CW151, the Applicant 2001 Properties filed an application for water rights for the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement (“Second Enlargement”), for the Saddle Ridge Reservoir Nos. 1-5, and to change the water rights decreed in Case No. 01CW241 to consolidate the Saddle Ridge Reservoir Nos. 1-15 into the Saddle Ridge Reservoir Nos. 1-5. A map showing the location of the Second Enlargement water right and the Saddle Ridge Reservoir Nos. 1-5 is attached hereto as Exhibit B. By this application, the Applicants are seeking approval for a plan for augmentation and appropriative right of exchange to address the augmentation of out-of-priority diversions used for the fill and refill the additional 7.5 surface acres in the Saddle Ridge Reservoir Nos. 1-5 and for an additional 141 acres of irrigation within the Development. FIRST CLAIM: Plan for Augmentation. 1. Name of structure to be augmented: Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement: By separate application in Case No. 08CW151, Applicant 2001 Properties applied for a conditional water right for the Second Enlargement. The Eagle Ranch Pump and Pipeline structure is subject to other water rights in addition to the Second Enlargement water right. A. Legal description of point of diversion: Located in the SW1/4 of the NE1/4 of Section 1, Township 5 South, Range 85 West of the 6th P.M. at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears South 68 degrees 38 minutes 47 seconds West a distance of 8815 feet. This location is also described as a point at a distance of 2700 feet from the East section line and 2020 feet from the North section line of said Section 1. The general location of the Eagle Ranch Pump and Pipeline, Saddle Ridge Second Enlargement is depicted on Exhibit B hereto. B. Source: Eagle River, tributary to the Colorado River. C. Date of initiation of appropriation: October 31, 2008. D. Amount: 3.5 c.f.s., conditional. E. Use: Water will be used to fill and refill Saddle Ridge Reservoir Nos. 1-5, and for irrigation inside the Development, including irrigation of lawns, gardens, landscaping, wildlife habitat, riparian habitat, native vegetation and a golf course, and for recreational, aesthetic and piscatorial purposes. (1) Number of acres historically irrigated: Not applicable. (2) Number of acres proposed to be irrigated: A total of 141 acres will be irrigated under the Second Enlargement, including 16 acres of golf course, 93 acres of wildlife habitat, 10 acres of riparian vegetation and 22 acres of native vegetation. (3) Legal description of acreage to be irrigated: The 141 acres to be irrigated pursuant to this Decree are located within portions of the Development. 2. Water rights used for augmentation: The Saddle Ridge Metropolitan District has Water Supply Contract No. CW04018, as the same may be amended or replaced, for 280.2 acre-feet, with the Colorado River Water Conservation District ("River District") for the use of water stored in Wolford Mountain and/or Ruedi Reservoir, which will be dedicated to the augmentation of out-of-priority depletions associated with diversions from the Second Enlargement, and which may also be dedicated to the augmentation of out-of-priority depletions under the decree in Case Nos. 01CW239 and 240. The water allotment contract provides water from the following sources: A. Wolford Mountain Reservoir: The River District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights. (1) Case No. 87CW283: (a) Decree Date: November 20, 1989. (b) Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54º54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. (c) Source: Muddy Creek and its tributaries. (d) Amount: 59,993 acre-feet conditional; of this amount, 32,986 acre-feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251. (e) Appropriation Date: December 14, 1987. (f) Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987 between the River District and the City and County of Denver. (2) Case No. 95CW281: (a) Decree Date: August 26, 1997. (b) Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the River District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53º24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75º 28' 29" E. (c) Source: Muddy Creek and its tributaries. (d) Amount: 6,000 acre-feet conditional. (e) Appropriation Date: January 16, 1995. (f) Use: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. (3) Case No. 98CW237: (a) Decree Date: July 6, 2000. (b) Legal Description of place of storage: Same as for 95CW281. (c) Source: Muddy Creek and its tributaries. (d) Amount: 30,000 acre-feet conditional with 15,895 AF being absolute for recreational and piscatorial and flood control. (e) Appropriation Date: November 17, 1998. (f) Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the River District for all uses,


PAGE 10

including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners under Applicants' contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases. (4) The River District may obtain additional storage water decrees in the future for Wolford Mountain Reservoir, which shall be incorporated herein as they are obtained by the River District and incorporated into the water supply for Applicants’ Contract. B. Ruedi Reservoir. The River District holds contracts from the United States Bureau of Reclamation for 1,200 acre-feet of annual supply from Ruedi Reservoir. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. The decree descriptions of Ruedi Reservoir’s water rights follow. (1) Ruedi Reservoir was decreed in the Garfield County District Court in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses, with an appropriation date of July 29, 1957. By subsequent order of the Water Court entered in Case No. W-789-76, the decreed amount of this reservoir has been fixed at 102,369 acre-feet. Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties, and derives its water supply from the Fryingpan River. (2) By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF conditional. In Water Court Case No. 95CW95, 44,509 AF was made absolute. 3. Statement of Plan for Augmentation: A. Applicants will use the Second Enlargement water right for 141 acres of irrigation within the Development whenever the Second Enlargement water right is in priority. B. Applicants will also use the Second Enlargement water right and 1.5 c.f.s. decreed to the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement to irrigate approximately 90 acres of golf course and 25 acres of lawns, gardens and landscaping inside the Development, and to fill and refill Saddle Ridge Reservoir Nos. 1-5. However, augmentation of out-of-priority diversions related to such uses is subject to the separate decrees in Case No. 01CW239 and 240 and is not part of this plan for augmentation. C. A total of 141 acres will be irrigated under the Second Enlargement in addition to the demands that are subject to the decrees in Case Nos. 01CW239 and 01CW240, including 16 acres of golf course, 93 acres of wildlife habitat, 10 acres of riparian vegetation and 22 acres of native vegetation. In addition, the total surface acres for the Saddle Ridge Reservoir Nos. 1-5 subject to this plan for augmentation will be 7.5 acres. Monthly irrigation demands and surface water evaporation are summarized in Table 1 below, and are described in detail in the engineering report attached to this Application as Exhibit C.

Table 1 Saddle Ridge PUD Irrigation and Evaporation Demands in Addition to Those Subject to Case Nos. 01CW239 and 240

Area (acres)

Total Irrigation (140.7)

Pond Evaporation (7.5) Total

Demand Month April 4.99 1.54 6.52 May 42.70 2.31 45.01 June 57.39 3.20 60.59 July 62.41 3.97 66.38 August 50.56 4.10 54.66 September 35.97 3.33 39.30 October 11.31 2.82 14.13 Total 265.33 21.27 286.59

Evapotranspiration requirements were determined using a Blaney-Criddle analysis. Water demands for wildlife habitat, riparian and native vegetation were adjusted from turf grass requirements using a Kc value, which represents a relative demand for the type of vegetation. Surface water evaporation was determined in accordance with Division of Water Resources criteria. Monthly precipitation was derived from the Eagle FAA weather station. Effective precipitation was assumed to be zero. D. When the Second Enlargement water right is not in priority, out-of-priority diversions will be augmented with water released from Wolford Mountain and/or Ruedi Reservoir, to the extent that the calling water right is located on the Colorado River below its confluence with the Eagle River and/or the Roaring Fork River. E. Table 2 below illustrates the operation of the plan for augmentation in a dry year assuming only a downstream call from the Colorado River. This operation represents the potential


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maximum amount of augmentation water that would be required to fully irrigate the 141 acres and maintain full storage in the Saddle Ridge Reservoir Nos. 1-5.

TABLE 2 SADDLE RIDGE P U D SOURCE OF WATER SUPPLY - DRY YEAR COLORADO RIVER CALL ONLY Additional Golf Course, Wildlife Habitat, Riparian and Native Irrigation

(1) (2) (3) (4) (5)

Month

Total Water Demand

Eagle River Pumping Station On Site servoir Re

Storage Use

CRWCD Contract Storage Releases

Exchange of CRWCD

New Junior Rights

(AF) (CFS) (AF) (CFS) (AF) (CFS) (AF) (CFS) (AF) (CFS) April 6.52 0.8 3.26 0.4 3.26 0.4 0.00 0.0 3.43 0.4 May 45.01 0.7 22.50 0.4 22.50 0.4 0.00 0.0 23.63 0.4 June 60.59 1.0 30.30 0.5 30.30 0.5 0.00 0.0 31.81 0.5 July 66.38 1.1 33.19 0.5 33.19 0.5 0.00 0.0 34.85 0.6 August 54.66 0.9 54.66 0.9 0.00 0.0 0.00 0.0 57.40 0.9 September 39.30 0.7 39.30 0.7 0.00 0.0 0.00 0.0 41.26 0.7 October 14.13 0.4 14.13 0.4 0.00 0.0 0.00 0.0 14.83 0.5 TOTALS 286.59 197.34 89.25 0.00 207.21

Additional raw water demand, Saddle Ridge. Information taken from Table 1 for 16 acres Golf, 93 acres Wildlife, 10 acres Riparian, and 22 acres Native irrigation, and evaporation from 7.5 acres. Pumping from Eagle River by exchange of CRWCD Contract Water. Assumes a Colorado River Call July 15, April 15 and two weeks in May and June. New direct flow water rights from the Eagle River to be decreed to serve the development. Water right calls originating from the Colorado River below its confluence with the Eagle River will be augmented using storage releases from Wolford Mountain and/or Ruedi Reservoir. One or more ponds will be developed on project lands for direct irrigation use during a call on the Eagle River. The CWCB minimum streamflow has historically called a maximum of 42 days in late July through September. These ponds will be filled in priority or by exchange using CRWCD Contract water. Equals the out-of-priority diversions by the junior rights diverted by exchange in Column (2) plus 5% transit loss. F. Colorado River storage will be an effective source of augmentation supply during most years. However, during August and September of dry years, the flows of the Eagle River near Gypsum will drop below decreed instream flows held by the Colorado Water Conservation Board. This call cannot be augmented by releases from Wolford Mountain or Ruedi Reservoirs. At times when the calling water right is located on the Eagle River, Applicants will cease all diversions under the Second Enlargement water right and will pump water directly from the Saddle Ridge Reservoirs Nos. 1-5 in order to meet the irrigation requirements of the Development, if irrigation is taking place at that time. Additionally, to minimize the requirement to use water from storage, the Applicants could reduce the watering frequency and duration for golf course rough, big game habitat, riparian and native vegetation. Table 3 below illustrates the operation of the plan for augmentation in a dry year assuming calls from both the Colorado River and Eagle River. This operation represents the amount of augmentation water that would be required to fully irrigate the 141 acres and maintain full storage in the Saddle Ridge Reservoir Nos. 1-5, except during months when there is a call from the Eagle River.

TABLE 3 SADDLE RIDGE P U D SOURCE OF WATER SUPPLY - DRY YEAR WITH EAGLE RIVER CALL Additional Golf Course, Wildlife Habitat, Riparian and Native Irrigation

Month

(1) (2) (3) (4) (5)

Total Water Demand

Eagle River Pumping Station On Site ervoir Res

Storage Use CRWCD Contract Storage Releases

Exchange of CRWCD

New Junior Rights

(AF) (CFS) (AF) (CFS) (AF) (CFS) (AF) (CFS) (AF) (CFS) April 6.52 0.8 3.26 0.4 3.26 0.4 0.00 0.0 3.43 0.4 May 45.01 0.7 22.50 0.4 22.50 0.4 0.00 0.0 23.63 0.4 June 60.59 1.0 30.30 0.5 30.30 0.5 0.00 0.0 31.81 0.5


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July 66.38 1.1 33.19 0.5 33.19 0.5 0.00 0.0 34.85 0.6 August 54.66 0.9 33.50 0.5 0.00 0.0 21.16 0.3 35.18 0.6 September 39.30 0.7 0.00 0.0 0.00 0.0 39.30 0.7 0.00 0.0 October 14.13 0.4 14.13 0.4 0.00 0.0 0.00 0.0 14.83 0.5 TOTALS 286.59 136.88 89.25 60.46 143.73

(1) Additional raw water demand, Saddle Ridge. Information taken from Table 1 for 16 acres Golf, 93 acres Wildlife, 10 acres Riparian, and 22 acres Native irrigation, and evaporation from 7.5 acres. (2) Pumping from Eagle River by exchange of CRWCD Contract Water. Assumes a Colorado River Call July 15, April 15 and two weeks in May and June. (3)New direct flow water rights from the Eagle River to be decreed to serve the development. Water right calls originating from the Colorado River below its confluence with the Eagle River will be augmented using storage releases from Wolford Mountain Reservoir. (4) One or more ponds will be developed on project lands for direct irrigation use during a call on the Eagle River. The CWCB minimum streamflow has historically called a maximum of 42 days in late July through September. These ponds will be filled in priority or by exchange using CRWCD Contract water. (5) Equals the out-of-priority diversions by the junior rights diverted by exchange in Column (2) plus 5% transit loss. G. This decree and the decrees in Case Nos. 01CW239 and 01CW240 will operate in conjunction to provide a water supply for a total of 106 acres of golf course irrigation, 25 acres of landscape irrigation, 93 acres of wildlife habitat irrigation, 10 acres of riparian irrigation, 22 acres of native vegetation irrigation and 17.5 acres of surface evaporation from the Saddle Ridge Reservoir Nos. 1-5. In a dry year when calls are on both the Colorado and Eagle Rivers, Applicants will cease all diversions under the Eagle Ranch Pump and Pipeline, Saddle Ridge Enlargement and the Second Enlargement water rights and will pump water directly from the Saddle Ridge Reservoirs Nos. 1-5 in order to meet the irrigation requirements of the Development, if irrigation is taking place at that time. A total of 293 acre-feet of augmentation water from Wolford Mountain Reservoir and/or Ruedi Reservoir and 122 acre-feet of on-site storage water would be required for such a dry year operation, without any reduction in irrigation demands. Since at this time the Applicants have available only 280.2 acre-feet of water under the water supply contract with the Colorado River Water Conservation District referenced above, the Applicants will as necessary reduce the watering frequency and duration for golf course rough, big game habitat, riparian and native vegetation or use additional water stored in Saddle Ridge Reservoir Nos. 1-5 in order to stay within the limits of the three decrees. In the alternative, the Applicants request the right to acquire additional water from Wolford and/or Ruedi Reservoirs through a water supply contract with the Colorado River Water Conservation District in order to meet the full irrigation and surface water evaporation needs of the Development. Table 4 below illustrates the integrated operation of the decrees in Case Nos. 01CW239, 01CW240 and in this plan for augmentation in a dry year assuming calls from both the Colorado River and Eagle River, using the full amount of on-site and augmentation storage available under these three decrees.

TABLE 4 SADDLE RIDGE P U D SOURCE OF WATER SUPPLY - DRY YEAR WITH EAGLE RIVER CALL Total Raw Water Demand

Month

(1) (2) (3) (4) (5) Eagle River Pumping Station On Site

rvoir ReseStorage Use

CRWCD Contract Storage Releases

Exchange of CRWCD

New Junior Rights

(AF) (CFS) (AF) (CFS) (AF) (CFS) (AF) (CFS) (AF) (CFS) April 15.44 1.9 7.72 1.0 7.72 1.0 0.00 0.0 8.10 1.0 May 93.57 1.5 46.78 0.8 46.78 0.8 0.00 0.0 49.12 0.8 June 124.99 2.1 62.49 1.1 62.49 1.1 0.00 0.0 65.62 1.1 July 135.41 2.2 67.71 1.1 67.71 1.1 0.00 0.0 71.09 1.2 August 109.72 1.8 67.25 1.1 0.00 0.0 42.47 0.7 70.61 1.1 September 79.10 1.3 0.00 0.0 0.00 0.0 79.10 1.3 0.00 0.0 October 27.28 0.9 27.28 0.9 0.00 0.0 0.00 0.0 28.65 0.9 TOTALS 585.51 279.23 184.70 121.57 293.20

Total raw water demand, Saddle Ridge. Information taken from Table 2 and decrees in Case Nos. 01CW239 and 240 for 106 acres Golf, 25 acres Landscape, 93 acres Wildlife, 10 acres Riparian, and 22 acres Native irrigation, and evaporation from 17.5 acres. Pumping from Eagle River by exchange of CRWCD Contract Water. Assumes a Colorado River Call July 15, April 15 and two weeks in May and June. New direct flow water rights from the Eagle River to be decreed to serve the development. Water right calls


PAGE 13

originating from the Colorado River below its confluence with the Eagle River will be augmented using storage releases from Wolford Mountain Reservoir. One or more ponds will be developed on project lands for direct irrigation use during a call on the Eagle River. The CWCB minimum streamflow has historically called a maximum of 42 days in late July through September. These ponds will be filled in priority or by exchange using CRWCD Contract water. Equals the out-of-priority diversions by the junior rights diverted by exchange in Column (2) plus 5% transit loss. H. The Applicants propose that this plan for augmentation be decreed to operate under the same terms and conditions as the decrees in Case Nos. 01CW239 and 01CW240. SECOND CLAIM: Appropriative Right of Exchange. Applicants' plan for augmentation incorporates an exchange of water currently stored in Wolford Mountain and/or Ruedi Reservoir, pursuant to the water allotment contract with the Colorado River Water Conservation District referenced above. 4. Reach of exchange: The upstream terminus of the exchange is the point of diversion of the Second Enlargement water right, described in Paragraph 1.A. above. During times when water is being released from Ruedi Reservoir under this Decree, the downstream terminus of the exchange is at the confluence of the Roaring Fork River and Colorado River, located in the SE1/4 of the NW1/4 of Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point approximately 2,200 feet from the north line and 2,350 feet from the west line of said Section 9. During times when water is being released from Wolford Mountain Reservoir under this Decree, the downstream terminus of the exchange is at The confluence of the Eagle River and the Colorado River is located in the SW1/4 of the NE1/4 of Section 5, Township 5 South, Range 86 West of the 6th P.M., at a point approximately 2500 feet from the north section line and 2300 feet from the east section line of said Section 5. 5. Source: Wolford Mountain and/or Ruedi Reservoir, pursuant to a water allotment contract with the River District, as described above. 6. Appropriation date and amount: December 11, 2008, for 3.5 c.f.s., up to the amount of Applicants' potential maximum exchange requirements identified on Table 2 above, estimated to be 197.4 acre-feet. The total exchange rate allowable under the decrees in Case Nos. 01CW239, 01CW240 and this decree is 5.0 c.f.s., up to 392.65 acre-feet. 7. Use: Water will be used to fill and refill Saddle Ridge Reservoir Nos. 1-5, and for irrigation inside the Development, including irrigation of lawns, gardens, landscaping, wildlife habitat, riparian habitat, native vegetation and a golf course, and for recreational, aesthetic and piscatorial purposes. (26 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW154 (02CW117) Water Dist. 5, Garfield County, Colorado River, App. Reasonable Diligence, Alleman, Nicholas, Campbell, LLC, c/o Sherry A. Caloia, LLC, 1204 Grand Ave, GWS, CO 81601. Anderson Pond No. 1, East. Enlargement. Loc. S 1/2 SW 1/4 of S17 & the N1/2 NW 1/4 of S20, T6S, R93W 6th P.M., at a point 150 ft from the S Sect. Line and 2350 feet from the W Sect. Line. Source: Colo. River. Approp. 8/30/1994. Amt. 9 AF cond. Use: Evap. losses for pisc., aesthetic, stock watering, and recreation. The App. contains an outline of what has been done toward completion of these appropriations and application of water to beneficial use as conditionally decreed. (4 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW155 Mesa County, Colorado - Alsbury Reservoir. Applicant: West Divide Water Conservancy District, c/o Janet Maddock, P.O. Box 1478, Rifle, CO 81650, c/o Edward B. Olszewski, Esq., Olszewski, Massih, and Maurer, P.C., P.O. Box 916, Glenwood Springs, CO, 81602, (970) 928-9100. APPLICATION FOR FINDING A REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. Describe water right: Date of Original Decree: July 9, 1965, Case Nos.: 4954 (81CW118, 85CW130, 89CW095, 95CW093, 98CW054, 02CW071).Court: Garfield County District Court, Water Division No. 5. Location: The point of intersection of the centerline of the dam axis with the right abutment at high water line is located at a point whence the NE corner of Section 36, Township 8 South, Range 91 West of the 6th P.M. bears South 45 degrees 54’W a distance of 4,428.08 feet. Source: East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. Appropriation Date: June 15, 1961. Amount: 249.76 acre feet. Uses: The 249.76 acre-feet was originally decreed for irrigation. Remarks: Case No. 98CW054: 1) changed 67.76 acre-feet of


PAGE 14

this water from irrigation only to domestic, municipal, recreation, fire protection, irrigation, piscatorial, wildlife, augmentation, hydro-electric, and livestock watering; 2) changed 50 acre-feet of water from conditional right to an absolute right, to be used as a conservation pool for over-wintering fishery; and 3) made 132 acre-feet of irrigation water absolute. Case No. 02CW071 made the remaining 67.76 acre-feet of conditional Alsbury Reservoir water absolute for recreation, fire protection, piscatorial, wildlife, livestock watering, and augmentation uses. The domestic, municipal, irrigation, and hydro-electric uses for 67.76 acre-feet of the Reservoir remained conditional. Provide a detailed outline of what has been done toward placing water to beneficial use, including expenditures: A. Applicant has: 1) conducted a survey of reservoir capacity; 2) undertaken a market demand study; 3) conducted an evaluation of feasibility of reservoir enlargement; 4) adjudicated a water augmentation program and obtained approval of a temporary substitute supply plan relying on releases from the reservoir; 5) developed downstream inundation mapping; 6) investigated water seepage issues and undertaken remedial measures; 7) completed an assessment of reservoir firm yield; 8) maintained and repaired the facility and outlet works; 9) undertaken activities to control wildlife adversely affecting the reservoir; 10) prepared an emergency action plan for the State of Colorado; 11) developed a water marketing program for the sale of water from the reservoir; and 12) monitored water court filings in order to protect the reservoir’s water right. Applicant has expended $119,350 for reservoir studies, $43,380.90 for engineering support, and $8,988.00 for legal fees during the diligence period. Applicant’s activities and expenditures establish that Applicant has been reasonably diligent in the development of Alsbury Reservoir. If claim to make absolute, water applied to beneficial use: Applicant has leased and released the remaining conditional 67.76 acre-feet of water for irrigation use. Therefore 67.76 acre-feet should be made absolute for irrigation purposes. Applicant has leased and released 1.2 acre-feet for domestic use. Therefore 1.2 acre-feet of the 67.76 acre-feet should be made absolute for domestic purposes. Applicant has released 1.2 acre-feet for augmentation purposes. Therefore 1.2 acre-feet of the 67.76 acre-feet should be made absolute for augmentation purposes. The above work was undertaken in accordance with Applicant’s long-term plan to use the Reservoir as an augmentation source for the Alsbury Reservoir Service Area. Applicant continues to develop its conditional water rights and requests the Court find the Applicant has been reasonably diligent in the development of its conditional water right. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW156 Mesa County, Colorado - Baldy Reservoir (Alsbury Reservoir). Applicant: West Divide Water Conservancy District, c/o Janet Maddock, P.O. Box 1478, Rifle, CO 81650, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602, (970) 928-9100. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE. Describe water right: Date of Original Decree: July 23, 1997 Case No.: 90CW200. Court: Garfield County District Court, Water Division No. 5. Location: The point of intersection of the centerline of the dam axis with the right abutment at high water line is located at a point whence the NE corner of Section 36, Township 8 South, Range 91 West of the 6th P.M. bears S45 degrees 54’W a distance of 4,428.08 feet. Source: East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. Appropriation Date: September 12, 1990. Amount: 100 acre-feet, conditional. Uses: 10 acre-feet for use on 15 acres in the W ½ NW ¼ of Section 5, T.8S., R.90W., 6th P.M., and 90 acre-feet on-site at the reservoir or by exchange or augmentation. Uses at all such places shall be for irrigation, evaporation losses, dead storage, domestic, livestock watering, fire protection, commercial, recreation, piscatorial or wildlife. If claim to make Absolute: Date water first applied to beneficial use: summer of 2005. Amount: 54 acre feet. Use: Irrigation, fire protection, recreation, piscatorial and wildlife. Description of place of use where water is applied to beneficial use: at reservoir and upon lands below Alsbury (Baldy) Reservoir taking their supply of water from East Divide Creek. Remarks: Applicant completed a survey of Alsbury (Baldy) Reservoir which showed that the reservoir, as constructed, was 304 acre feet (54 acre feet larger than originally decreed). This additional 54 acre feet has been used by Applicant as referenced above and should be made absolute. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


PAGE 15

9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW157 Rio Blanco County; APPLICATION FOR UNDERGROUND WATER RIGHTS. Name, Address and Telephone Number of Applicant: Krule Construction, LLC, c/o Kim Rule, PO Box 214, Meeker, CO 81641, (970) 878-3474, with copies to its attorneys: Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Background: The two underground water rights applied for herein will provide commercial, domestic, industrial, irrigation and fire protection water as an integrated water system for the Wilderness Rendezvous RV Park and neighboring commercial/industrial lots in Rio Blanco County, CO. See Exh. A to the Application. First Claim: Application for Underground Water Right (Krule Well No. 1): Name of Well and Permit No: Krule Well No. 1, Permit No. 67338-F. Legal Description of Well: The Krule Well No. 1 is located in the NW1/4 SW1/4 of Sec. 19, T. 1 N., R. 93 W., 6th P.M., at a point approximately 32 ft from the west sec. line and 2100 ft from the south sec. line of said Sec. 19. The location of the Krule Well No. 1 is shown on Exh. A. Source: Groundwater tributary to Curtis Creek, tributary to the White River. Depth: Approximately 497 ft. Date of Appropriation: 07/01/07. How Appropriation was Initiated: Developing plan for RV Park and commercial/industrial park, developing plan for utilizing the well, and field inspection of the well site, together with the formation of the intent to appropriate water and other acts in furtherance of the appropriation. Date Water Applied to Beneficial Use: N/A. Amount Claimed: 0.045 c.f.s. (20 g.p.m.), conditional. Proposed Use: Commercial, domestic, industrial, irrigation, and fire protection. Irrigation: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: Approximately 3 acres of grass landscaping will be irrigated by the Krule Well No. 1 in conjunction with the Krule Well No. 2, described below. The legal description of the land irrigated: Approximately 3 acres of land located in the NW1/4 SW1/4, Sec. 19, T. 1 N., R. 93 W., 6th P.M., shown on Exhibit A. Non-irrigation: Commercial, domestic, industrial and fire protection water as described more fully below in Paragraph 10. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. Remarks: The combined use of groundwater from the Krule Well No. 1 and the Krule Well No. 2, described in the Second Claim below, shall be to provide water to an RV park for all uses associated with cabins and RV spaces, a laundromat, shower facility and general store, as well as for the development of two commercial/industrial lots with a 4-bay commercial vehicle wash facility. Initially the RV Park will have 101 RV spaces, but the plan is to replace 27 RV spaces with 21 cabins over time. There will be approximately two acres of grass landscaping and approximately five hundred trees and shrubs (as required by Rio Blanco County) associated with the RV Park. Commercial and industrial lots will be developed on the eight acres shown on Exhibit A and there will be approximately one acre of grass landscaping and one hundred trees or shrubs (as required by Rio Blanco County) associated with the development of these lots. The total amount diverted from both wells shall not exceed 0.067 c.f.s. (30 g.p.m.) at any given time. Second Claim: Application for Underground Water Right (Krule Well No. 2). Name of Well and Permit Nomber: Krule Well No. 2. Applicant has not yet applied for a well permit. Once a decree is issued in this case and Applicant has developed the property to the extent that the additional water is necessary, an application for a well permit for the uses of this well as described herein will be submitted to the Colorado Division of Water Resources. Legal Description of Well: The Krule Well No. 2 is located in the NW1/4 SW1/4 of Sec. 19, T. 1 N., R. 93 W., 6th P.M., at a point approximately 65 ft from the west sec. line and 1781 ft from the south sec. line of said Sec. 19. The location of Krule Well No. 2 is shown on Exhibit A. Source: Groundwater tributary to Curtis Creek, tributary to the White River. Depth: N/A. Date of Appropriation: 07/01/07. How Appropriation was Initiated: Developing plan for RV Park and commercial/industrial park, developing plan for utilizing the well, and field inspection of the well site, together with the formation of the intent to appropriate water and other acts in furtherance of the appropriation. Date Water Applied to Beneficial Use: N/A. Amount Claimed: 0.045 c.f.s. (20 g.p.m.), conditional. Proposed Use: Commercial, domestic, industrial, irrigation, and fire protection. Irrigation: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: approximately 3 acres of grass landscaping will be irrigated by the Krule Well No. 2 in connection of the Krule Well No. 1, described above. The legal description of the land irrigated: Approximately 3 acres of land located in the NW1/4 SW1/4, Sec. 19, T. 1 N., R. 93 W., 6th P.M., as shown on Exhibit A. Non-irrigation: Commercial, domestic, industrial and fire protection as described more fully below. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. Remarks: The combined use of groundwater from the Krule Well No. 2 and the Krule Well No. 1, described in the First Claim above, shall be to provide water to an RV park for all uses associated with cabins and RV spaces, a laundromat, shower facility and general store, as well as for the development of two commercial/industrial lots with a 4-bay commercial vehicle wash facility. Initially the RV Park will have 101 RV spaces, but the plan is to replace 27 RV spaces with 21 cabins over time. There will be approximately two acres of grass landscaping and approximately five hundred trees and shrubs (as required by Rio Blanco County) associated with the RV Park. Commercial and industrial lots will be developed on the eight acres shown on Exh. A and there will be approximately one acre of grass landscaping and one hundred trees or shrubs (as required by Rio Blanco County) associated with the development of these lots. The total amount diverted from both wells shall not exceed 0.067 c.f.s. (30 g.p.m.) at any given time. Applicant requests that the Court enter a Decree confirming the underground water rights as described herein and granting such additional relief as the Court deems appropriate. (7 pages)


PAGE 16

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW158 - Beard Creek, Eagle County. Applicant Berlaimont Estates, LLC, c/o David Hallford, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary. Application requests: confirmation of cond. water rights for a surface diversion from Beard Creek, a spring trib. to Beard Creek, and two storage ponds to be filled from Beard Creek; and approval of a plan for aug. to replace out-of-priority depletions from the use of the ditch and spring rights. A map depicting the locations of the water rights diversions and ponds and the property to be served is attached as Exhibit A to application on file with court. Surface Water Right: Berlaimont Estates Ditch. Legal Desc.: SE1/4 NE1/4 Sec 29 of T 4 S, R 82 W, 6th P.M., 2,232 Ft. from the N Sec line and 129 Ft. from the E Sec line. Approp.: 11/18/2008. Initiated by field observation of flow and formation of intent to appropriate water right. Amt.: 2.5 c.f.s. cond. Uses: To fill and re-fill Berlaimont Estates Ponds No. 1 and 2 for dom., irr., and livestock watering uses and aug. of such uses; and for in-system storage prior to and to facilitate such uses. Irr.: up to 1.9 acres within Applicant’s property that is more specifically described on Exhibit A and in subparagraph 7. c. of application on file with court, being up to 0.1 acre on each of 19 lots within the property. Spring Water Right: Berlaimont Estates Spring. Legal Desc.: SE1/4 NE1/4, Sec 29 of T 4 S, R 82 W, 6th P.M., 2,186 Ft. from the N Sec line and 165 Ft. from the E Sec line. Approp.: 11/18/2008. Amt.: 0.5 c.f.s. cond. Uses: Dom. and livestock watering uses and to fill and re-fill Berlaimont Estates Ponds No. 1 and 2 for aug. of such uses; and for in-system storage prior to and to facilitate such uses. Irr.: up to 1.9 acres within Applicant’s property, being up to 0.1 acre on each of 19 lots within the property. Berlaimont Estates Spring will be developed and operated as a “spring” as defined in C.R.S. Sec. 37-90-103 (21)(b). Water Storage Right: Berlaimont Estates Pond No. 1. Legal Desc.: NE1/4 SE1/4, Sec 29 of T 4 S, R 82 W, 6th P.M., 2,374 Ft. from the S Sec line and 386 Ft. from the E Sec line. Approp.: 11/18/2008. Amt.: 10 AF, cond., with the right to fill and refill when in priority: Active Storage: 10 AF. Dead Storage: 0 AF. Surface Area: 1.0 acres. Length of Dam: 800 Ft. Ht. of Dam: Up to 20 Ft. Uses: Dom., and livestock watering uses and aug. of such uses. Irr.: up to 1.9 acres within Applicant’s property, being up to 0.1 acre on each of 19 lots within the property. Rate of Filling: 2.5 cfs via the Berlaimont Estates Ditch, 0.5 cfs from Berlaimont Estates Spring. Source: Beard Creek via Berlaimont Estates Ditch and Berlaimont Estates Spring. Water Storage Right: Berlaimont Estates Pond No. 2. Legal Desc.: The location will depend on site-specific investigations when field conditions permit. The pond will be located off-channel and within the Applicant’s 640 acre Parcel boundary located in Sec 20 in the E1/2 SE1/4, NE1/4, E1/2 NW1/4, SW1/4 NW1/4, and W1/2 SW1/4 and Sec 29 in the E1/2 SW1/4, E1/2 SE1/4, and NW1/4 NW1/4, T 4 S, R 82 W, 6th P.M. Approp.: 11/18/2008. Amt.: 10 AF, cond., with the right to fill and refill when in priority: Active Storage: 10 AF. Dead Storage: None. Surface Area: 1.0 acres. Length of Dam: 1,200 Ft. Ht. of Dam: Up to 20 Ft. Uses: Dom., and livestock watering uses and aug. of such uses. Irr.: up to 1.9 acres within Applicant’s property, being up to 0.1 acre on each of 19 lots within the property. Rate of Filling: 2.5 cfs via the Berlaimont Estates Ditch and 0.5 cfs via the Berlaimont Estates Spring. Source: Beard Creek via the Berlaimont Estates Ditch and Berlaimont Estates Spring. Plan for Aug. Application requests approval of a plan for aug. to account for out-of priority depletions assoc. with the Berlaimont Estates Spring. Structures to be Augmented: Berlaimont Estates Ditch and Berlaimont Estates Spring. Water Rights to be used for Aug.: Berlaimont Estates Ponds No. 1 and 2, as described. Water available pursuant to a water supply contract from the Colorado River Water Conservation District, in the Amt. of 21.6 AF of annual aug. water releases, or such lesser or greater amt. as required by the Court, from the sources described to augment out-of-priority depletions. The contract amt. will include an amt. for ten percent transit loss associated with the aug. releases. CRWCD’s Wolford Mountain Reservoir, which has the following decreed water storage rights. Case No. 87CW283: Decree Date: 11/20/1989. Place of storage: The dam is located in the SW1/4 NE1/4, Sec 25, T. 2 N., R. 81 W., 6th P.M. The intersect. of the dam axis with the right abutment will occur at a point which bears S. 54º54'20" E. a dist. of 3,716.46 Ft. from the NW Corner of said Sec 25. Source: Muddy Creek and its trib. Amt.: 59,993 AF cond.; Approp. Date: 12/14/1987. Use: All beneficial uses, including but not limited to dom., mun., ag. and rec. uses. Case No. 95CW281: Decree Date: 8/26/1997. Source: Muddy Creek and its trib. Amt.: 6,000 AF cond. Approp. Date: 1/16/1995. Use: All uses by and for the benefit of the inhabitants of the District, including but not limited to dom., mun., ind., irr., ag., pisc. and rec. Case No. 98CW237: Decree Date: 7/6/2000. Place of storage: Same as for 95CW281. Source: Muddy Creek and its trib. Amt.: 30,000 AF cond. with 15,895 AF being absolute for rec. and pisc. and flood control. Approp. Date: 11/17/1998. Use: All uses by and for the benefit of the inhabitants of the District, including but not limited to dom., mun., ind., irr., ag., pisc. and rec.; such uses will be made directly or by substitution, aug., or exchange. Statement of Plan for Aug. Plan for aug. replaces out-of-priority depletions from the dom. and irr. and livestock uses from the Berlaimont Estates Ditch and Berlaimont Estates Spring on Applicant’s approximately 640 acre property located in Secs 20 and 29 of T 4 S, R 82 W, 6th P.M. and depicted on Exhibit A of application on file with court. Dom. Demands. Diversions for dom. uses within 19 single family homes, and 19 ADU’s, are estimated to be 350 gal. per home or 700 gal. per day


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from the Berlaimont Estates Spring and/or Berlaimont Estates Ditch. Yearly diversions are estimated to total 14.9 AF. Half of the dom. diversions will return to the stream via ISDS systems with anticipated depletions of 15 percent. The other half of the lots are anticipated to be not trib. to Beard Creek and therefore 100 percent depletive to Beard Creek. Total dom. depletions are estimated at 8.566 AF per year. Irr. Demands. Diversions for irr. uses for 0.1 acre per lot of lawn and landscaping will require 5.407 AF per year. Evapotranspiration calculations were based on a Modified Blaney-Criddle Method according to the Pochop Method. This analysis indicates a net irr. requirement of 2.28 Ft. per acre. As such, the total annual evapotranspiration demand for the Applicant’s 1.9 acres is 4.326 AF. Assuming an irr. application efficiency of 80 percent, total irr. diversions from the Berlaimont Estates Spring and/or Berlaimont Estates Ditch will total 5.407 AF. Livestock Demands. Diversions for livestock watering uses based on 38 horses (2 per lot) at 11 g.p.d. are estimated to total 0.468 AF annually. Evap. Demands: Surface evap. from the Berlaimont Estates Pond No. 1 and 2 will be augmented when out-of-priority to allow these water rights to continue to divert for their decreed uses or drop commensurate with its own evap. rate. Total surface area of the ponds is estimated to be 2.0 acres. Total annual evap. is est. to be 6.250 AF if the ponds were to remain full. If the total water surface assoc. with the ponds (including inlet and outlet ditches) is greater than 2.0 surface acres, sufficient replacement water will be constructed and/or acquired to offset the additional depletions. Replacements: Plan for aug. considers call scenarios on Beard Creek, Eagle and Colo. Rivers. When Applicant’s Berlaimont Estates Ditch and/or Spring rights are out-of-priority because of a valid legal call on Beard Creek, diversion in to the Berlaimont Estates Ponds No. 1 and 2 will cease. Irr. during this call period will also cease. Applicant will rely on water storage within the ponds to serve the dom. and livestock demands. Ponds will drop commensurate with their own evap. rates. Water from either pond may be transferred to the other pond to offset diversions and depletions. When those rights are out of priority in relation to any valid legal call on the Eagle River, Berlaimont Estates Pond No. 1 and 2 releases will be made to replace out-of-priority depletions at a point located in the NE1/4 SE1/4, Sec 29, T 4S, R 82, W 6th P.M. approx. 2,160 Ft. from the S Sec line and 360 Ft. from the E Sec line. Water from either pond may be transferred to the other pond to offset depletions during this call period. When those rights are out-of-priority because of a valid legal call on the Colo. River mainstem, water will be released from Wolford Mountain Reservoir to replace out of priority depletions. Applicant owns all land upon which any new diversion or storage structure will be constructed. (14 pgs) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW159 Garfield and Pitkin Counties, Colorado - Krauth Well No.1, Krauth Enlargement of the Red Glen Highline Ditch, Vix Well No. 1 and Krauth Pond. Applicant: Dr. Lee Krauth, 1773 County Road 241, New Castle, Colorado 81647, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916, 214 8th St., Ste 210, Glenwood Springs, CO 81601.Application for Underground Water Rights, Surface Water Rights, Storage Rights, Change of Water Right and Approval of Plan for Augmentation. Background: This Application includes claims for underground water rights, surface water rights, storage rights, change of water rights, and a plan for augmentation. The intent of the Application is to provide a water supply for a single-family dwelling and accessory dwelling unit, irrigation for up to 17,100 square feet of lawn and garden irrigation, and watering of 20 head of livestock. CLAIM FOR UNDERGROUND WATER RIGHTS. Name of structure: Krauth Well No. 1.Legal description: The Krauth Well No. 1 is located in the SW 1/4 of the NE 1/4 of Section 13, Township 5 South, Range 91 West of the 6th P.M., at a point 2,470 feet from the North Section line and 2,090 feet from the East Section line. Source: Groundwater tributary to East Elk Creek, tributary Main Elk Creek, tributary to the Colorado River. Depth: 200 feet. Appropriation date: December 8, 2008. How appropriation was initiated: By formation of intent to appropriate water, site investigation and preparation of engineering report. Date water applied to beneficial use: N/A. Amount claimed: 0.22 cfs or 100 gpm, conditional. Uses: Domestic for a single-family dwelling and accessory dwelling unit/guest house, irrigation of 17,100 square feet of lawn and garden, stockwatering for 20 head of livestock and fire protection. Name and address of owner of land upon structure is located: Applicant. CLAIM FOR SURFACE WATER RIGHTS. Name of structure: Krauth Enlargement of the Red Glen Highline Ditch. Legal description: The Krauth Enlargement of the Red Glen Highline Ditch is located at a point located in the SE ¼ of the NW 1/4 of Section 7, Township 5 South, Range 90 West of the 6th P.M. 1,440 feet from the North Section line and 1,420 feet from the East Section line. Source: East Elk Creek, tributary Main Elk Creek, tributary to the Colorado River. Appropriation date: December 8, 2008. How appropriation was initiated: By formation of intent to appropriate water, site investigation and preparation of engineering report. Date water applied to beneficial use: N/A. Amount claimed: 0.5 cfs, conditional. Uses: Pond filling for the Krauth Pond. Name and address of owner of land upon structure is located: Applicant. CLAIM FOR STORAGE WATER RIGHTS. Name of Structure: Krauth Pond. Legal Description: The center of the pond is located in the SW 1/4 of the NE 1/4 of Section 13, Township 5 South, Range 91 West of the 6th P.M. at point 2,190 feet from the North section line and 2,330 feet from the East section line. Source: East Elk Creek, tributary Main Elk Creek, tributary to the Colorado River. Date of


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Appropriation: December 8, 2008. How appropriation was initiated: By formation of intent to appropriate water, site investigation and preparation of engineering report. Date water applied to beneficial use: N/A. Amount claimed: 5.0 acre-feet, conditional. This is an off-channel pond. Rate to fill and re-fill when in priority is 0.5 cfs from the Krauth Enlargement of the Red Glen Highline Ditch. Uses: stockwatering, piscatorial, wildlife propagation, recreation, fire protection, and augmentation. Surface area of high water line: 1.0 acre. Maximum height of dam in feet: 9.5 feet. Length of dam in feet: 150. Total capacity of reservoir in acre-feet: 5.0 acre-feet. Active capacity: 5.0 acre-feet; Dead Storage: 0 acre-feet. Name and address of owner of land upon structure is located: Applicant. CLAIM FOR CHANGE OF WATER RIGHTS. Name of Structure for Which Change is Sought: Vix Well No. 1. Information from Previous Decree: Date Entered: July 17, 1973. Case No.: W-585. Court: District Court, Water Division No. 5, Colorado. Appropriation Date: November 4, 1964. Amount Decreed: 0.035 cfs. Amount owned by Applicant: 0.0117 cfs. Use: domestic. Decreed Point of Diversion: The well is located in the SW1/4NE1/4 of Section 13, T. 5 S., R. 91 W. Of the 6th P.M. at a point whence the Southeast Corner of said SW1/4NE1/4 bears S. 25 degrees 00' E. 743 feet and S. 82 degrees 00' E. 522 feet. Groundwater tributary to East Elk Creek, tributary Main Elk Creek, tributary to the Colorado River. Historic Use: Domestic. Proposed Change: Applicant is the owner of an undivided 1/3 interest in and to the Vix Well. The Vix Well is an exempt well pursuant to C.R.S. 37-92-602. Applicant seeks to divert his interest in the Vix Well at the Krauth Well No. 1 as described herein. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION. Plan for Augmentation. The plan for augmentation will provide a water supply for a single-family dwelling and accessory dwelling unit, irrigation for up to 17,100 square feet of lawn and garden irrigation, and watering of 20 head of livestock. A vicinity map is attached as Figure 1. A property map showing the structures as well as proposed irrigation is attached as Figure 2. Structures to be augmented: Krauth Well No 1, Krauth Enlargement of the Red Glen Highline Ditch, and Krauth Pond. Water rights to be used for augmentation: Ruedi Reservoir, Green Mountain Reservoir, and Wolford Mountain Reservoir, all pursuant to a water allotment contract between Applicant and the West Divide Water Conservancy District, and the Krauth Pond as described above. See Application for a complete description of Ruedi, Green Mountain and Wolford Mountain Reservoirs. Statement of Plan for Augmentation. The primary goal of this plan for augmentation is to provide Applicant with 50 gallons of water per minute for use from the Krauth Well No. 1. This plan for augmentation also provides augmentation for the Krauth Enlargement of the Red Glen Highline Ditch and the Krauth Pond when there is a call on the Colorado River. Applicant will divert up to 50 gallons of water per minute from the Krauth Well No. 1 for the uses described herein. The Krauth Pond will fill and refill when in priority via diversions through the Krauth Enlargement of the Red Glen Highline Ditch. In the event of a Colorado River call, augmentation water will come via Applicant=s contract with the West Divide Water Conservancy District and releases will be made from Green Mountain, Ruedi or Wolford Mountain Reservoir. In the event of a local call East Elk Creek, augmentation will come via releases from the Krauth Pond. The operation of this plan will prevent injury to other water users. Annual diversions from the Krauth Well No. 1 for domestic, lawn irrigation and livestock water total 2 acre-feet, with depletions of 1.21 acre-feet. Augmentation will be required from April through October. Augmentation requirements for the well total 1.06 acre-feet. Table 1 provides a demand analysis for the Krauth Well No. 1. Due to the proximity of the Krauth Well No. 1 to East Elk Creek, depletions are presumed to be instantaneous. Therefore, no lagging of depletions is necessary. The Krauth Pond will be lined when constructed and will fill and refill when in priority. In the event of a Colorado River call, augmentation of out-of-priority diversions into the Pond will come via Applicant=s West Divide Water Conservancy District contract. In the event of a local call, diversions into the Krauth Pond will cease and the reservoir will be used as an augmentation source for the Krauth Well No. 1. A pond analysis is attached as Table 2. Transit losses of 5% will be applied to all releases from Ruedi, Wolford Mountain and/or Green Mountain Reservoirs. Applicant will obtain an Area B water allotment contract from West Divide to cover these depletions and account for transit losses. Applicant will provide detailed accounting of diversions and depletions to the State and Division Engineers as required by the State and Division Engineers to administer the within augmentation plan. Measuring devices will be required for all surface diversions. Names and addresses of owners or reputed owners of land upon which augmentation structures are located: Ruedi Reservoir and Green Mountain Reservoir: United States Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Road 18E, Loveland, CO 80537-9711; Wolford Mountain Reservoir, Colorado River Water Conservation District, 201 Centennial St., Suite 204, Glenwood Springs, CO 81601; Krauth Pond, Applicant. Approval of the subject Application will not result in injury to any vested or decreed conditional water rights. Wherefore, Applicant requests the Court approve its Application for Underground Water Rights, Surface Water Rights, Storage Rights, Change of Water Rights and Plan for Augmentation upon such terms and conditions as are just and proper. (16 pages, including 2 maps and 2 tables) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008.


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08CW160 GRAND COUNTY – WATER DISTRICT NO. 5. (1) Clark & Beverly Parsons, PO Box 269, Hansville, WA 98340, (360)638-1442. (2) c/o John D. Walker, Cazier, McGowan & Walker, Box 500, Granby, CO 80446, (970) 887-3376. (3) Parsons Well No. 2 and Exchange. (4) Application for Finding of Diligence and for an Underground Water Right. (5) Source: Groundwater hydraulically connected to the Colorado River. (6) Location: Parsons Well No. 2 is located in the NW1/4SW1/4, Sect 4, T3N, R75W, 6th P.M., 3,360 feet from the North line and 220 feet from the West line of Sect 4. (7) Use: In-house – 3 SFE. (8) Type of Structure: Well. (9) Quantity: 15 gpm. (10) Depth of well: 775. (11) Exchange Water: Granby Reservoir and/or Wolford Mountain Reservoir for total exchange of 0.2 af/yr. (12) Exchange Reach: Parsons Well No. 2 to a point where Granby Reservoir or Wolford Mountain Reservoir releases meet the Colorado River. Applicants request diligence on the conditional exchange decreed in 01CW158. Per 01CW158, Applicants request an underground water right for Parsons Well No. 2 (15 gpm, conditional) with a date of appropriation of June 7, 2001, which is the date Applicants first applied to Middle Park Water Conservancy District for a contract to cover the depletions resulting from the operation of the augmentation plan in 01CW158. Applicants do not request an expansion of use of Parsons Well No. 2 beyond the limits previously decreed in 01CW158. (17 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW161 GARFIELD COUNTY. Source, Colorado River. Application for Finding of Reasonable Diligence. Applicants: Battlement Mesa Golf Course, LLC and Battlement Mesa Land Investments, LLC, by their attorneys, Balcomb & Green, PC, PO Drawer 790, Glenwood Springs, CO 81602. Structure: Eaton Pipeline No. 2. Decreed. 7/9/1965, CA4954, Dist. Ct., Garfield Cty. Amt. 4.25 c.f.s., abs., 5.75 c.f.s., cond. The point of diversion was corrected in Case No. 05CW281, Water Court Div. 5, to a point in the NE1/4NW1/4, Sec. 18, T7S, R95W 6PM, 450 ft from N. sec. line, 1500 ft from W. sec line. Approp. 12/18/1956 for Irr., manufacturing, Ind. and Dom. Applicants own the land where diversion structures are located. A detailed description of Applicants’ diligence activities and work done toward completion of the appropriation and application of water to a beneficial use is contained within the application on file with the Court. Applicants request entry of a decree finding reasonable diligence in the development of the Eaton Pipeline No. 2 cond. water right and continuing this water right in full force and effect. (4 pgs) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW162 PITKIN COUNTY. Source: Capitol Creek. Application for Finding of Reasonable Diligence by Laura G. Thorne in care of attorneys Scott Balcomb and Christopher Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. Structure: Boram and White Ditch-Thorne Pond Enlargement decreed 11/22/1994 in 94CW142. Legal Description: The unsurveyed location of the point of diversion as being on the W. Bank of Capitol Creek in the SE1/4 NE1/4, Sec. 8, T9S, R86W, 6PM, 2590 ft. S. of N. Sec. line. and 780 ft. W. of E. Sec. line. Also described as being located S. 38 deg. 50 deg. W., 10080 ft. from NE corner of Sec. 4, T9S, R86W, 6P.M. The Boram and White Ditch-Thorne Pond Enlargement is diverted at the headgate of the Boram and White Ditch and carried through the Boram and White Ditch to Applicant’s property. Approp: 11/20/1993. Amt. 1.0 cfs, conditional, for aug. The subject water right is used to fill the Thorne Pond in Case No. 94CW25 for its decreed purposes (see also 00CW182). The Boram and White Ditch-Thorne Pond Enlargement is decreed as part of an integrated water supply for Applicant’s property. C.R.S. 37-92-301(4)(b). A complete description of Applicant’s diligence activities and work performed toward completion of the approp. is contained in the Application on file with the court. Applicant owns the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Applicant requests a finding of reasonable diligence regarding the conditional augmentation use of the Boram and White Ditch-Thorne Pond Enlargement water right. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it


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should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW163 PITKIN COUNTY. Source: Capitol Creek (through the Boram and White Ditch, and Boram and White Ditch–Thorne Pond Enlargement). Applicant: Laura G. Thorne, in care of attorneys, Scott Balcomb and Christopher Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. Application for Finding of Diligence for Thorne Pond, decreed 9/24/1994 in 94CW025. Legal Description of point of diversion: unsurveyed location of the Thorne Pond is in the SW1/4 NE1/4, Sec. 4, T9S, R86W 6P.M., 2400 ft. S. of the N sec. line and 2420 ft. W. of the E. sec. line. The pond may also be described as located S. 46 deg., 00 deg. W., 3450 ft. from NE corner of Sec. 4, T9S, R86W, 6P.M. Approp: 11/1/1993. Amt. 3.0 AF, cond., for aug. Physical properties of dam: max surface area: one-half acre; depth: 8 ft. Uses: stock watering, rec., wildlife, irr., aug., and fire protection. The Thorne Pond is decreed as part of an integrated water supply for Applicant’s property, C.R.S. 37-92-301(4)(b). A complete description of Applicant’s diligence activities and work performed towards completion of the approp. is contained in the application on file with the court. Applicant owns the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Applicant requests a finding of reasonable diligence regarding the conditional augmentation use of the Thorne Pond water right. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW164 - EAGLE COUNTY – APPLICATION FOR WATER RIGHTS (SURFACE) - 1. Name, ddress, telephone number of applicant: United States of America, Thomas R. Graf, #23586, Special Assistant United States Attorney, Office of the Solicitor, U.S. Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 15, Lakewood, CO 80215. Telephone (303) 231-5353, extension 551. 2. Name of structure: East Windy Point Spring. 3. Legal description of the point of diversion: Located on public lands in the SE/4 NW/4, Section 34, T2S R83W, 6th P.M., approximately 1,400 feet south of the north section line and 1,875 feet east of the west section line. GPS Coordinates - 4411383mN, 356501mE, Zone 13 NAD 83. 4. Source: Unnamed tributary to Colorado River 5. A. Date of appropriation: 09/01/1935 B. How appropriation was initiated: The United States authorized use of the State Bridge Grazing Allotment and its associated water sources by grazing permittees. C. Date water applied to beneficial use: 09/01/1935 6. Amount claimed: 0.0022 cfs, absolute. 7. Uses: Livestock and wildlife watering. The spring provides water for a herd of up to 1,160 sheep and 21 cattle on the State Bridge Allotment. In addition, the spring provides water for elk, deer, small mammals, raptors, and migratory birds. 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Glenwood Springs Field Office, 50629 Hwys 6 & 24, Glenwood Springs, CO 81602. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW165 - GARFIELD COUNTY – APPLICATION FOR CHANGE OF WATER RIGHTS - 1. Name, address, telephone number of applicant: United States of America, Thomas R. Graf, #23586, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-


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5353, extension 551. 2. Name of structures for which change is sought: NEP Spring #3, Bane Spring, NEP Spring #1, Bemis Spring, Bun Spring, Castle Trail Spring, C.A. Line Spring, Anvil Points Spring #5, No Name Spring. 3. From previous decrees:

NEP Spring #3 Bane Spring NEP Spring #1 Case Number 87 CW 351 87 CW 318 87 CW 337 Date Entered May 10, 1988 May 10, 1988 May 10, 1988 Legal Description SW/4 SW/4, Sec. 20, T5S

R94W, 6th P.M. 850’ FSL, 225’ FWL

SW/4 SE/4, Sec. 22, T5S R94W, 6th P.M. 800’ FSL, 2200’ FEL

NE/4 NW/4, Sec. 25, T5S R94W, 6th P.M. 400’ FNL, 2100’ FWL

Source Yellowjacket Ck./ Northwater Ck./ East Middle Fork Ck./Parachute Ck./ Colorado River

Second Water Gulch/ E. Fork. Parachute Ck./ Parachute Ck./ Colorado River

Ben Good Ck./ E. Fork. Parachute Ck./ Parachute Ck./ Colorado River

Diversion Rate 0.01 cfs, absolute 0.01 cfs, absolute 0.01 cfs, absolute Appropriation Date 09/30/1967 09/30/1964 09/30/1966

Type of use Livestock, wildlife Livestock, wildlife Livestock, wildlife

Bemis Spring Bun Spring Castle Trail Spring Case Number 87 CW 357 87 CW 358 87 CW 329 Date Entered May 10, 1988 May 10, 1988 May 10, 1988 Legal Description NE/4 NE/4, Sec. 9, T5S

R94W, 6th P.M. 600’ FNL, 300’ FEL

NE/4 SW/4, Sec. 6, T6S R94W, 6th P.M. 2650’ FSL, 1500’ FWL

SE/4 NW/4, Sec. 35, T5S R94W, 6th P.M. 1600’ FNL, 1700’ FWL

Source Tichner Ck./ North-water Ck./E. Mid. Fork. Parachute Ck./ Parachute Ck./ Colorado River

First Anvil Ck./ E. Fork. Parachute Ck./ Parachute Ck./ Colorado River

East Fork Parachute Ck./ Parachute Ck./Colorado River


Type of use Livestock, wildlife Livestock, wildlife Livestock, wildlife

C.A. Line Spring Anvil Points Spg. #5 No Name Spring Case Number 87 CW 330 87 CW 333 97 CW 319 Date Entered May 10, 1988 May 10, 1988 May 10, 1988 Legal Description NE/4 SE/4, Sec. 7, T5S

R94W, 6th P.M., 2300’ FSL, 900’ FEL

NE/4 NE/4, Sec. 1, T6S R95W. 6th P.M., 700’ FNL, 375’ FEL

SW/4 SW/4, Sec. 33, T5S R94W, 6th P.M., 1600 FSL, 300’ FWL

Source Trapper Ck./E. Mid. Fork. Parachute Ck./ Parachute Ck./ Colorado River

Second Anvil Ck./ E. Fork. Parachute Ck./Parachute Ck./Colorado River

Timber Gulch/E. Fork. Parachute Ck./ Parachute Ck./ Colorado River


Type of use Livestock, wildlife Livestock, wildlife Livestock, wildlife 4. Description of proposed change of water rights: Applicant does not propose to change the type of use, amount of use, or location of use for the water sources listed above. The water rights above were decreed before the advent of geographic positioning systems. GPS readings on the sources indicate that the originally decreed legal descriptions are erroneous. Applicant proposes the following corrected legal descriptions for the water sources. All GPS measurements are in UTM Zone 13 and use the NAD83


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(CONUS) datum. NEP Spring #3: Located on public lands in the NW/4 SW/4, Section 20, T5S R94W, Sixth P.M., approximately 2,275 feet north of the south section line and 600 feet east of the west section line. 244723mE 4387403mN. Bane Spring: Located on public lands in the NE/4 NW/4, Section 27, T5S R94W, Sixth P.M., approximately 375 feet south of the north section line and 2,575 feet east of the west section line. 248516mE 4386482mN NEP Spring #1: Located on public lands in the NW/4 NE/4, Section 24, T5S R95W, Sixth P.M., approximately 300 feet south of the north section line and 1,650 feet west of the east section line. 757566mE 4388288mN. Bemis Spring: Located on public lands in the NW/4 SE/4, T5S R94W, Section 9, Sixth P.M., approximately 1,650 feet north of the south section line and 1,375 feet west of the east section line. 247439mE 4390345mN Bun Spring: Located on public lands in the NE/4 SW/4, Section 6, T6S, R94W, Sixth P.M., approximately 2,350 feet north of the south section line and 1,025 feet east of the west section line. 247865mE 4382345mN. Castle Trail Spring: Located on public lands in the NE/4 NW/4, Section 35, T5S R94W, Sixth P.M., approximately 775 feet south of the north section line and 2,125 feet east of the west section line. 249925mE 4384694mN. C.A. Line Spring: Located on public lands in the NE/4 SE/4, Section 7, T5S, R94W, Sixth P.M., approximately 1550 feet north of the south section line and 500 feet west of the east section line. 243890mE 4390385mN. Anvil Points Spring #5: Located on public lands in the NE/4 NE/4 (Lot 10), Section 1, T6S R95W, Sixth P.M., approximately 925 feet south of the north section line and 150 feet west of the east section line. 247522mE 4382960mN. No Name Spring: Located on public lands in the SW/4 SE/4, Section 32, T5S R94W, Sixth P.M., approximately 1,250 feet north of the south section line and 1,750 feet west of the east section line. 245499mE 4383827mN. In addition, the applicant proposes to correct the decreed water source for NEP Spring #1 as follows: Northwater Creek/Trapper Creek/East Middle Fork Parachute Creek/Parachute Creek/Colorado River. 5. Name and address of owner on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Glenwood Springs Field Office, 50629 Highways 6 & 24, Glenwood Springs, CO 81601. (12 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW166 COLORADO RIVER, MESA COUNTY. Grand Junction Concrete Pipe Company, dba Grand Junction Pipe & Supply Company (“Grand Junction Pipe”), Attn: Ed Settle, Project Mgr, PO Box 1849, Grand Junction, CO 81502, (970) 243-4604 with a copy to Mark A. Hermundstad, Williams, Turner & Holmes, P.C., PO Box 338, Grand Junction, CO 81502, (970) 242-6262 and Soaring Eagle Ranch, Ltd., a Colorado corporation “(Soaring Eagle”), 1972 Broadway, R.R. 3, Grand Junction, CO 81503, (970) 256-1181, with a copy to James H. Marlow, Hamilton and Faatz, A Professional Corporation, 1600 Broadway, Suite 500, Denver, CO 80202-4905, (303) 830-0500. Application for Underground Water Rights. Name of Structure: Soaring Eagle Gravel Pit; Well Permit Information: Applicant Grand Junction Pipe has obtained Well Permit No. 051586-F (“Existing Well Permit”) for this Pit from the State Engineer’s office, pursuant to §37-90-137(11), C.R.S. A copy of the Existing Well Permit is attached to the Application as Exhibit A. The Existing Well Permit will need to be amended to reflect the actual and anticipated uses described in this Application. Applicant will apply for an amendment to the Existing Well Permit during the pendency of this proceeding or upon the entry of a final decree. Legal Description: Soaring Eagle Gravel Pit is located in portions of the E1/2 NE1/4, Sec. 34, and NW1/4, Sec. 35, both in T. 1 N., R. 2 W., Ute Meridian. The center of the Pit will be located approx. 1,000 ft E. of the W. Sec. Line and 1,500 ft S. of the N. Sec. Line of Sec. 35. A map of the location of the Soaring Eagle Gravel Pit is attached to the Application as Exhibit B; Source and Depth: The Soaring Eagle Gravel Pit is a gravel pit located in alluvial deposits adjacent to the Colorado River, and will intercept and withdraw groundwater tributary to the Colorado River. The estimated total depth of the pit will be seventeen feet. Appropriation: The appropriation was initiated on approximately June 2, 1998, by the execution of a Lease between Grand Junction Pipe and Soaring Eagle (which Lease is described below) together with a physical inspection of the property upon which the Soaring Eagle Gravel Pit is located and the formation of the intent to appropriate water as described herein. Uses: Industrial uses, including but not limited to dewatering of Soaring Eagle Gravel Pit during mining, evaporation during mining activities and after completion of mining activities from the pond referred to in Paragraph 9 of the Application, dust suppression, product moisture losses through aggregate removal and processing, and aggregate washing, all in connection with the mining of sand, gravel, and related products from land on which the Soaring Eagle Gravel Pit is located, and with the reclamation and use of such land during and after completion of such mining. Amounts: The maximum amount of water consumed per year from the above uses will be 319.98 acre feet, itemized as follows: Evaporation (maximum lake area of 80 acres times 3.86 acre feet per acre): 308.80 AF; Dust Suppression (160 days of operation per year times 6,000 gallons per day; maximum pumping rate of 400 gpm): 2.95 AF; Product Moisture (maximum of 280,000 tons of product per year, 4% moisture content): 8.23 AF. In addition to the amounts consumed as described above, water will be pumped from the Soaring Eagle Gravel Pit at the following rates for the following purposes: Dewatering of Pit during mining: 800 gpm; Aggregate washing: 1,200 gpm. Water pumped from the Pit under the dewatering use will be discharged to the Colorado River, which


PAGE 23

is adjacent to the Pit. The water pumped from the Pit for aggregate washing will be used in a wash plant to wash product removed from the Pit. A portion of the water used for aggregate washing will be retained in the washed product as product moisture. This amount is included in the product moisture losses described above. The remainder of the aggregate washing water will be discharged into the Colorado River after it has been used to wash the product. Applicant has been mining at the Soaring Eagle Gravel Pit since the Existing Well Permit was issued in 1999, and there have been withdrawals of water from the Pit pursuant to those mining operations. Maximum annual withdrawals and depletions from the Pit have not exceeded the total authorized appropriation amount set forth in the Existing Well Permit (628.11 acre feet). However, the amounts anticipated for some of the uses described in the Existing Well Permit have changed, and, as described above, Applicant intends to apply for an amendment to the Existing Well Permit. Accordingly, since an amendment to the Existing Well Permit has not yet been applied for or issued, the amounts set forth above are claimed as conditional water rights. Land Ownership: The Soaring Eagle Gravel Pit is located on land owned by Patricia J. Barnes and William L. Barnes, 2015 Tiara Court, Grand Junction, CO 81507-9788. The owners of such land have leased the land to Soaring Eagle, which in turn has subleased the land to Grand Junction Pipe by lease dated June 2, 1998 (the “Lease”). Remarks: Applicant Grand Junction Pipe is mining sand, gravel and related products from the Soaring Eagle Gravel Pit and from the property on which it is located, pursuant to the Lease. The property is located near the Colorado River. During and after the mining of the property, groundwater will be exposed to the atmosphere and will be used for mining and reclamation purposes, as described above. The property will be mined to a depth of approximately seventeen feet, and will create a pond with a maximum surface area of approximately 80 acres. This pond will remain after the completion of mining activities. The mining activities are conducted approximately four months per year. However, dust control activities occur at the site approximately 160 days per year (twenty days per month for eight months) and aggregate washing activities may be conducted year around. Applicants request a finding that the water which collects in the pond is not in storage, as defined in §37-92-103(10.5), C.R.S., and that, in the administration of the water rights granted pursuant to this Application, statutes and other law relating to the storage of water, including without limitation §37-92-502(3), C.R.S., shall not be applicable. Pursuant to the Lease, Grand Junction Pipe’s interest in the water rights described herein shall cease upon termination or expiration of the Lease. (8 pages YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW167 GRAND COUNTY – WATER DISTRICT NO. 5. (1) Andrew & Rebecca Arnold, PO Box 626, Tabernash, CO 80478, (970)726-5281. (2) c/o John D. Walker, Cazier, McGowan & Walker, Box 500, Granby, CO 80446, (970) 887-3376. (3) Arnold Well No. 1 and Exchange. (4) Application to Make Absolute and for an Underground Water Right. (5) Source: Groundwater hydraulically connected Crooked Creek, tributary to the Fraser River, tributary to the Colorado River. (6) Location: Arnold Well No. 1 is located in the SW1/4NW1/4, Sect 1, T1S, R76W, 6th P.M., 3,340 feet from the South line and 30 feet from the West line of Sect 1. (7) Use: In-house, Livestock (12 head) and Irrigation (1.93 acres). (8) Type of Structure: Well. (9) Quantity: 15 gpm. (10) Depth of well: 60. (11) Exchange Water: Granby Reservoir and/or Wolford Mountain Reservoir for total exchange of 2.0 af/yr. (12) Exchange Reach: Arnold Well No. 1 to a point where Granby Reservoir or Wolford Mountain Reservoir releases meet the Colorado River. Applicants request an absolute decree for the exchange approved in 01CW158. Water has been released for Applicants’ benefit from Wolford Mountain in sufficient amounts to cover the depletions resulting from the operation of the augmentation plan in 01CW124. In addition, per 01CW124, Applicants request confirmation of an underground water right for Arnold Well No. 1 (15 gpm, conditional) with a date of appropriation of April 11, 2001, which is the date Applicants first applied to Middle Park Water Conservancy District for a contract to cover the depletions resulting from the operation of the augmentation plan in 01CW124. Applicants do not request an expansion of use of Arnold Well No. 1 beyond the limits previously decreed in 01CW124. (21 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008.


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08CW168 Garfield County, Four Mile Creek: Application for Water Rights. Eugene M. Spear Revocable Trust and Glaphy A. Spear Revocable Trust, c/o Jeff Houpt, Beattie, Chadwick & Houpt, LLP, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. First Claim: Cabin Lane Spring. Legal description: NE¼ NW¼ Sec 15, T 7 S, R 89 W, 6th P.M., at a point 80 ft from N Sec Line and 935 ft from W Sec Line of Sec 15. Source: Spring water trib to Four Mile Creek, trib to Roaring Fork River, trib to Colorado River. Date of appropriation/beneficial use: 12/31/1920. Amount: 10 gpm absolute. Uses: Domestic, stockwatering and irrigation (½ ac.). Second Claim: Spear Spring. Legal description: SE¼ NW¼ Sec 15, T 7 S, R 89 W, 6th P.M., at a point 1,575 ft from N Sec Line and 1,490 ft from W Sec Line of Sec 15. Source: same as above. Date of appropriation: 9/2/2008. Amount: 30 gpm conditional. Uses: Domestic, stockwatering and irrigation (4 ac.). Subject springs are within West Divide Water Conservancy District’s Four Mile Creek water service area. The subject water rights will operate under the District’s substitute water supply plan and the augmentation plan decreed to the District in Case No. 94CW344. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW169 (0CW227, 94CW049, 87CW256, 82CW107) RESUME OF APPLICATION FOR WATER RIGHTS OF CONSOLIDATED METROPOLITAN DISTRICT, IN GARFIELD COUNTY, COLORADO. Applicant Consolidated Metropolitan District (the “Applicant”), by and through counsel, Grimshaw & Harring, P.C., hereby requests that the court enter an order finding that it has exercised reasonable diligence as to its conditional water right, all as described below. 1. Name, Address and Telephone Number of Applicant: Consolidated Metropolitan District, P.O. Box 6116, Battlement Mesa, CO 81636, Telephone: (970) 285-9050. 2. Name of Diversion Structures: A) Battlement Mesa Well No. B5; B) Battlement Mesa Well No. B6; C) Battlement Mesa Well No. B7. 3. Legal Descriptions of Diversion Structures: The decreed point of diversion for each well is as follows: a) Battlement Mesa Well No. B5 is located in the SE 1/4 SW 1/4 of Section 7, Township 7 South, Range 95 West of the 6th P.M., at a point 1180 feet North of the South line and 2100 feet East of the West line of said Section 7. b) Battlement Mesa Well No. B6 is located in the NE 1/4 SW 1/4 of Section 7, Township 7 South, Range 95 West of the 6th P.M., at a point 1440 feet North of the South line and 2475 feet East of the West line of said Section 7. c) Battlement Mesa Well No. B7 is located in the NW 1/4 SE 1/4 of Section 7, Township 7 South, Range 95 West of the 6th P.M., at a point 1735 feet North of the South line and 2700 feet East of the West line of said Section 7. 4. Source of Water: the alluvium of the Colorado River. 5. Date of Appropriation: November 11, 1981. 6. Dates Water Rights Applied to Beneficial Use: The District is still progressing toward build-out and has not yet developed its full future demand. Permits Nos. 36165, 36166 and 36167 were issued on January 24, 1990, but the wells have not yet been drilled. In 2008, new well permit applications are in the process of being prepared. 7. Steps Taken to Apply Water Rights to Beneficial Use: The following steps have been taken toward completion of the appropriations and application of water to a beneficial use as conditionally decreed in Case No. 00CW227 on July 11, 2002, for wells B5, B6 and B7: a) Applicant Consolidated Metropolitan District is the successor to Battlement Mesa Metropolitan District. b) The subject water rights are part of an integrated water system created to provide a water supply to a large municipal development that will require many years to complete. Wells B1 through B4, part of the same well field, have already been completed; water from said wells has been applied to beneficial use; and water rights for each were decreed absolute in Case No. 84CW28 by decree dated October 5, 1984. c) During the previous six year diligence period the District expended approximately $2,000.00 on maintenance and repair of the chlorination plant constructed for the entire well field, which includes the structures at B5, B6 and B7. d) During the past year, the District constructed a new chlorination plant to supplement the existing one, at an additional expense of $5,133.81. e) The District has also performed general maintenance and repair on the well field pumping system which it rehabilitated in 1999, and continues to monitor the water quality testing to ensure the well field water is suitable for use in the domestic water system. f) For the purposes described in paragraph 9 below, Applicant continues to need the water decreed to wells B5, B6 and B7 conditionally, and has the ability and need to place the conditional water rights for each well to beneficial use in the future. Applicant has no intent to abandon these water rights. 8. Amounts Claimed: On November 22, 1983, in Case No. 82CW107, the District Court for Water Division 5 decreed conditional water rights of 0.67 c.f.s. per well. Diligence was determined as to each water right in Case No. 87CW256 by decree dated March 16, 1988, in Case No. 94CW049 by decree dated November 22, 1994, and in Case No. 00CW227 by decree dated July 11, 2002. 9. Uses or Proposed Uses: Municipal (including fire protection), domestic, commercial, irrigation, industrial, sewage treatment, recreation and all other beneficial uses. 10. Places of Use: The water from these three wells is or will be used as part of an integrated water system providing water to a large municipal development within the Battlement Mesa Community, entirely within Garfield County. 11. Terms and Conditions: Those terms and conditions that have already been decreed. WHEREFORE, the Applicant respectfully requests this Application be granted as requested herein and the Court find Applicant has established reasonable diligence to warrant continuation of the conditional water


PAGE 25

rights of 0.67 c.f.s. for each of the three Battlement Mesa Well Nos. B5, B6 and B7, and for such other and further relief as the Court deems appropriate under the circumstances. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 22. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW170 (01CW291, 94CW284, 88CW187 & 84CW161) RESUME OF APPLICATION FOR WATER RIGHTS OF CONSOLIDATED METROPOLITAN DISTRICT, IN GARFIELD COUNTY, COLORADO. Applicant Consolidated Metropolitan District (the “Applicant”), by and through counsel, Grimshaw & Harring, P.C., hereby requests that the court enter an order finding that it has exercised reasonable diligence as to its conditional water right, all as described below. 1. Name, Address and Telephone Number of Applicant: Consolidated Metropolitan District, P.O. Box 6116, Battlement Mesa, CO 81636, Telephone: (970) 285-9050. 2. Name of Diversion Structure: Dow Pumping Plant and Pipeline. 3. Legal Description of Diversion Structure: The structure is located on the northerly bank of the Colorado River, at a point whence the East quarter corner of Section 6, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado, bears North 13° 17’ East, 735 feet. 4. Source of Water: The Colorado River. 5. Date of Appropriation: January 24, 1955. 6. Date Water Rights Applied to Beneficial Use: For the six years preceding and to the filing of this Application, a portion of decreed water is being diverted at an alternative point of diversion through a pumping plant known as the Battlement Mesa Domestic Pump and Pipeline, which shall hereinafter be referred to as “The Pumping Plant.” 7. Steps Taken to Apply Water Rights to Beneficial Use: a) Applicant Consolidated Metropolitan District is the successor to Battlement Mesa Metropolitan District. b) The Pumping Plant is set up to allow four pumps to operate in parallel. The District has installed and maintains and operates two of the pumps, and has installed blind flanged stubs allowing for two more to be readily installed as buildout continues and demand rises within the District. 8. Amounts Claimed: This structure was originally decreed for 178 c.f.s., conditional, in Civil Action No. 4914 in Garfield County District Court. The Battlement Mesa Metropolitan District eventually acquired 20 c.f.s. of that amount. In Case Nos. W-2786, W-2560 and 79CW350, Water Division 5, it was awarded alternate points of diversion. In Case No. 84CW161, Water Division 5, 10.69 c.f.s. of the 20 was made absolute, and diligence was found for the remaining 9.31 c.f.s., which was again found in Case Nos. 88CW187, 94CW284 and 2001CW292 by Water Division 5. Since then the water rights have been acquired by the Applicant, Consolidated Metropolitan District, as successor to Battlement Mesa Metropolitan District. This application seeks to continue the water rights as described herein. 9. Uses or Proposed Uses: Industrial, mining, retorting, refining, power, domestic and all other uses necessary. 10. Places of Use: The water is or will be used as part of an integrated water system providing water to a large municipal development within the Battlement Mesa Community, entirely within Garfield County. 11. Terms and Conditions: This application is subject to those terms and conditions set forth in the Findings of Fact, Conclusion of Law and Decree in this case, dated December 27, 2002. WHEREFORE, the Applicant respectfully requests this Application be granted as requested herein, and the Court find Applicant has established reasonable diligence to warrant extending the conditional water rights of 9.31 c.f.s., and for such other and further relief as the Court deems appropriate under the circumstances. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 23. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW171 (01CW292, 94CW139, 88CW023, & 84CW028) RESUME OF APPLICATION FOR WATER RIGHTS OF CONSOLIDATED METROPOLITAN DISTRICT, IN GARFIELD COUNTY, COLORADO. Applicant Consolidated Metropolitan District (the “Applicant”), by and through counsel, Grimshaw & Harring, P.C., hereby requests that the court enter an order finding that it has exercised reasonable diligence as to its conditional water right, all as described below. 1. Name, Address and Telephone Number of Applicant: Consolidated Metropolitan District, P.O. Box 6116, Battlement Mesa, CO 81636, Telephone: (970) 285-9050. 2. Name of Diversion Structures: A) Battlement Mesa Well No. 1A; B) Battlement Mesa Well No. 2A; C) Battlement Mesa Well No. 3A; D) Battlement Mesa Well No. 4A; E) Battlement Mesa Well No. 5A. 3. Legal Descriptions of Diversion Structures: The


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decreed point of diversion for the Subject Wells above referenced is in Section 13, Township 7 South, Range 96 West of the 6th P.M., Garfield County, Colorado, at the following points: a) Battlement Mesa Well No. 1A is located in the Southeast quarter of the Northeast quarter at a point 2300 feet South of the North line and 800 feet West of the East line of said Section 13. b) Battlement Mesa Well No. 2A is located in the Southeast quarter of the Northeast quarter at a point 2300 feet South of the North line and 600 feet West of the East line of said Section 13. c) Battlement Mesa Well No. 3A is located in the Southeast quarter of the Northeast quarter at a point 2300 feet South of the North line and 1000 feet West of the East line of said Section 13. d) Battlement Mesa Well No. 4A is located in Lot 5 at a point 2400 feet South of the North line and 1250 feet West of the East line of said Section 13. The Lot mentioned is a cadastral survey government lot, which replaces the aliquot part designation in the subject portion of the referenced Section. The portion of the section in which the described point lies might otherwise be known as the Southeast quarter of the Northeast quarter. e) Battlement Mesa Well No. 5A is located in Lot 5 at a point 2600 feet South of the North line and 1450 feet West of the East line of said Section 13. The Lot mentioned is a cadastral survey government lot, which replaces the aliquot part designation in the subject portion of the referenced Section. The portion of the section in which the described point lies might otherwise be known as the Southwest quarter of the Northeast quarter. 4. Source of Water: The Colorado River Alluvium(All of the Subject Wells). 5. Date of Appropriation: March 1, 1974 (All of the Subject Wells). 6. Dates Water Rights Applied to Beneficial Use: Well No. 1A has been drilled but not used. The other Subject Wells, 2A through 5A, have not been applied. 7. Steps Taken to Apply Water Rights to Beneficial Use: Applicant Consolidated Metropolitan District is the successor to Battlement Mesa Metropolitan District. a) Well 1A was drilled and pump testing has been carried out in anticipation of use for emergency back-up in case of a failure of the main intake from the river. The locations of wells 1A through 5A, are convenient to the water treatment plant, such that water pumped from the wells could undergo any necessary treatment processes at the existing facility, for which reason this back-up source is a valuable component of the water supply system, as wells B1 through B7 are located some distance from the plant and have their own treatment facilities providing limited processes. b) Testing has also been done in the Subject well field to ensure no filtration of contamination had occurred. c) For the purposes described in paragraph 9 below, Applicant continues to need the water decreed to each of the Subject Wells conditionally, and has the ability and need to place the conditional water rights for each well to beneficial use in the future. Applicant has no intent to abandon these water rights. 8. Amounts Claimed: In Case No. W-2560, by decree entered September 16, 1976 by Water Court for Water Division 5, each of the Subject Wells was awarded 0.22 c.f.s. conditional rights. Diligence was subsequently determined as to each water right in Case Nos. 84CW023, 88CW023, 94CW139 and 01CW292 by Water Division 5. Since then the water rights have been acquired by the Applicant, Consolidated Metropolitan District, as successor to Battlement Mesa Metropolitan District. This application seeks to continue the conditional water rights for each of the Subject Wells as described herein. 9. Uses or Proposed Uses: Municipal (including fire protection), domestic, commercial, irrigation, industrial, sewage treatment, recreation, and all other beneficial uses. 10. Places of Use: The water from the Subject Wells is or will be used as part of an integrated water system providing water to a large municipal development within the Battlement Mesa Community, which is entirely within Garfield County. 11. Terms and Conditions: This application is subject to those terms and conditions set forth in the Findings of Fact, Conclusion of Law and Decree in this case, dated December 27, 2002. WHEREFORE, the Applicants respectfully request this Application be granted as requested herein and that the Court find Applicants have established reasonable diligence to warrant extending conditional water rights of 0.22 c.f.s. per each for Battlement Mesa Well Nos. 1A through 5A, and for such other and further relief as the Court deems appropriate under the circumstances. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 24. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW172(01CW204), RIO BLANCO COUNTY, in the White River or its Tributaries, Tributaries involved, Miller Creek, Story Gulch and Hunter Creek which are tributary to Piceance Creek which is tributary to the White River, APPLICATION FOR FINDING OF REASONABLE DILIGENCE 1. Name, Address and Telephone Number of Applicant: The Oil Shale Corporation, c/o Jacques S. Ruda, 6000 E, Evans Ave., #1-211, Denver, Colorado 80222, Telephone: 303-297-3800; 2. Name of Structures: Hunter Creek Reservoir, Miller Creek Reservoir, Miller Creek Reservoir First Enlargement, Story Gulch Reservoir, Story Gulch Reservoir First Enlargement, Ohio/Ertl Pipeline, and Story Gulch/Parachute Creek Pipeline; 3. Description of Conditional Water Rights: A. Hunter Creek Reservoir 1. Date of Original Decree: October 7, 1971, Case No. W-276 in Water Division No. 5; 2. Location: The decreed point of the location of the dam is located in the NE¼ of Section 27, T. 2 S., R. 97 W. of the 6th P.M.; the axis of the dam is N. 42º59' W. across the channel of Hunter Creek; the intersection of the dam axis and the South line of the NE¼ of Section 27 bears No. 89º59' W. from the E¼ corner of said Section 27, a distance of 1700 feet; 3. Source: The source of water for the reservoir may, in the alternative, be Hunter Creek and its tributaries upstream from the dam site; the White River through the


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Ohio/Ertl Pipeline and the Story Gulch/Parachute Creek Pipeline; the Colorado River through The Oil Shale Corporation Pipeline; and from Story Gulch Reservoir; 4. Appropriation Date: February 28, 1967; 5. Amount: 24,362 acre feet.; 6. Use: Industrial, domestic, municipal, recreational and irrigation; 7. Most Recent Finding of Reasonable Diligence: The Court has most recently ruled reasonable diligence has been shown in the development of the proposed appropriation on December 16, 2002, in Case No. 01CW204; 8. Name and Address of Owner of Land on which Structure is located: United States Dept. of Interior, Bureau of Land Management, 220 Market Street, Meeker, Colorado 81641; Encana Oil and Gas (USA), 3615 S. Huron Street, Suite 220, Englewood, Colorado 80110; Exxon Mobil Corp., P.O. Box 53, Houston, Texas 77001; EV Ranch LLLP, 22595 Co. Rd. 5, Rifle, Colorado 81650. B. Ohio/Ertl Pipeline 1. Date of Original Decree: October 7, 1971, Case No. W-280 in Water Division No. 5; 2. Location: The original decreed point of diversion of the pipeline is located at a point located on the South side of the White River whence corner No. 3 of Tract 40, Section 2, T. 1 N., R. 97 W. of the 6th P.M. bears South 01º54'51" East 2,098.84 feet; 3. Source: The source of water is the White River. This pipeline is so laid out and interconnected that it may additionally accommodate the following: (1) flow from the Story Gulch/Parachute Creek Pipeline to the Hunter Creek Reservoir; (2) flow to or from the Hunter Creek Reservoir and Story Gulch Reservoir; and (3) flow to and from The Oil Shale Corporation Pipeline and Pumping Plant; 4. Appropriation Date: February 28, 1967; 5. Amount: 55 c.f.s.; 6. Use: Industrial, domestic, municipal, recreational and irrigation; 7. Most Recent Finding of Reasonable Diligence. The Court has most recently ruled reasonable diligence has been shown in the development of the proposed appropriation on December 16, 2002, in Case No. 01CW204; 8. Other: This right was granted an alternate point of diversion in consolidated Case Nos. 80CW503, 81CW16 and 81CW17 on July 8, 1985, to a point of diversion having the following legal description: A point on the South bank of the White River in the NW¼ NW¼, Section 30 T. 1 S., R. 92 W., of the 6th P.M., whence the Northeast corner of said section bears North 79º10' E. a distance of 4,750 feet. This alternate point of diversion is also the proposed point of diversion of Applicant's Miller Creek Pumping Pipeline (decreed in 79CW355); 9. Name and Address of Owner of Land on which diversion is located: Original Point of Diversion, Puckett Land Co., 5460 S. Quebec, Suite 250, Greenwood Village, Colorado 80111; Bureau of Land Management, 220 Market Street, Meeker, Colorado 81641; Alternate Point of Diversion, Estate of Jeanette Evenson c/o Judy Jenista, 490 Co. Rd. 57, Meeker, Colorado 81641. C. Miller Creek Reservoir and Miller Creek Reservoir First Enlargement 1. Date of Enlargement Decree and Supplemental Original Decree: October 7, 1971, Case No. W-278 in Water Division No. 5. On December 7, 1982, in Case No. 79CW352, Applicant was awarded a Decree for an additional storage right to be known as the Miller Creek Reservoir, First Enlargement: 2. Location: The decreed point of the location of the dam is located in the NE¼ NE¼ of Section 1, T. 2 S., R. 93 W. of the 6th P.M. The axis of the dam is North 89º50' East across the channel of Miller Creek with the east end of the dam bearing South 62º00' West 510 feet from the Northeast corner of said Section 1; 3. Source: Miller Creek, a tributary of the White River and the White River, in Rio Blanco County, Colorado: 4. Appropriation Date: July 18, 1968, for original Decree; September 30, 1976, for First Enlargement: 5. Amount: 22,600 acre feet under the original Decree and 23,300 under the First Enlargement: 6. Use: Industrial, domestic, municipal, recreational and irrigation, power, mining, retorting, refining, dust control and reclamation: 7. Most Recent Finding of Reasonable Diligence: By Ruling dated April 17, 1985, and approved by the Court May 21, 1985, the Referee found that the date for filing the Diligence Application for the Miller Creek Reservoir, First Enlargement, should correspond with the date for filing the Diligence Application for Miller Creek Reservoir. The Court has most recently ruled reasonable diligence has been shown in the development of the proposed appropriation on December 16, 2002, in Case No. 01CW204: 8. Name and Address of Owner of Land on which the structure is located: Richard A. Bachman, P.O. Box 1415, Meeker, Colorado 81641; Board of County Commissioners, Rio Blanco County, P.O. Box 1047, Meeker, Colorado 81641; DC Ranch LLC, 501 North A1A, Jupiter, Florida 33477; United States Dept. of Interior, Bureau of Land Management, 220 Market Street, Meeker, Colorado 81641; Wayne and Trudi Burri, 1324 S. Lincoln Street, Longmont, Colorado 80501; Pothole Ranch, P.O. Box 780149, Wichita, KS 67278-0149. D. Story Gulch/Parachute Creek Pipeline 1. Date of Original Decree: October 7, 1971, Case No. W-279 in Water Division No. 5: 2. Location: The original decreed point of diversion of the Pipeline is located at a point located on the South side of the White River whence corner No. 4 of Tract 111, which is also the South quarter corner of Section 33, T. 1 N., R. 93 W. of the 6th P.M. bears S. 48º26'18" W. 1016.19 feet: 3. Source: The source of water is the White River. This pipeline is so laid out and interconnected that it may additionally accommodate the following: (1) flow from the Ohio/Ertl Pipeline to the Story Gulch Reservoir; (2) flow to or from the Hunter Creek Reservoir and Story Gulch Reservoir; (3) flow to or from The Oil Shale Corporation Pipeline and Pumping Plant; 4. Appropriation Date: February 28, 1967; 5. Amount: 55 c.f.s.; 6. Use: Industrial, domestic, municipal, recreational and irrigation; 7. Most Recent Finding of Reasonable Diligence: The Court has most recently ruled reasonable diligence has been shown in the development of the proposed appropriation on December 16, 2002, in Case No. 01CW204; 8. Other: This right was granted an alternate point of diversion in consolidated Case Nos. 80CW503, 81CW16 and 81CW17 on July 8, 1985, to a point of diversion having the following legal description: A point on the South bank of the White River in the NW¼ NW¼, Section 30 T. 1 S., R. 92 W., of the 6th P.M., whence the Northeast corner of said section bears North 79º10' E. a distance of 4,750 feet. This alternate point of diversion is also the proposed point of diversion of Applicant's Miller Creek Pumping Pipeline (decreed in 79CW355); 9. Name and Address of Owner of the Land on which the diversion is located: Original Point of Diversion, Lenny and Jackie Klingsmith, P.O. Box 1404, Meeker, Colorado 81641; Alternate Point of Diversion, Estate of Jeanette Evenson c/o Judy Jenista, 490 Co. Rd. 57, Meeker, Colorado 81641. E. Story Gulch Reservoir and Story Gulch Reservoir, First Enlargement 1. Date of Original Decree: October 6, 1971, Case No. W-277 in Water Division No. 5. On December 7, 1982, in Case No. 79CW354, the Applicant was awarded a Decree for an additional storage right to be known as the Story Gulch Reservoir, First


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Enlargement; 2. Location: The decreed point of location of the dam is located in the NW¼ of Section 5 and the NE¼ of Section 6, T. 4 S., R. 95 W. of the 6th P.M. in Rio Blanco County. The axis of the dam bears North 67º00' W. across Story Gulch, and a point on the dam axis being the intersection thereof with the West line of Section 5, T. 4 S., R. 95 W. of the 6th P.M. bears South from the West ¼ corner of Section 5, a distance of 250 feet; 3. Source: The source of water for the reservoir may, in the alternative, be Story Gulch and its tributaries upstream from the dam; the White River through the Story Gulch/Parachute Creek Pipeline and Ohio/Ertl Pipeline and the Colorado River through The Oil Shale Corporation Pipeline and from Hunter Creek Reservoir; 4. Appropriation Date: February 28, 1967, for original Decree. September 7, 1979, for First Enlargement; 5. Amount: 10,200 acre feet under the original Decree and 14,800 acre feet under the First Enlargement; 6. Use: Industrial, domestic, municipal, recreational and irrigation; 7. Most Recent Finding of Reasonable Diligence: By Ruling dated April 17, 1985, and approved by the Court May 21,1985, the Referee found that the date for filing the Diligence Application for the Story Gulch Reservoir, First Enlargement, should correspond with the date for filing the Diligence Application for the Story Gulch Reservoir. The Court has most recently ruled reasonable diligence has been shown in the development of the proposed appropriation on December 16, 2002, in Case No. 01CW204. 8. Name and Address of Owner of Land on which structure is located: Applicant; Piceance Creek Ranch Ltd., 11539 Co. Rd. 5, Rifle, Colorado 81650. The Application contains a detailed outline of the work performed during the diligence period. (10 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 25. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW173 Garfield County. Application for Water Surface and Storage Rights. Applicants: Edward E. Smith, Shirley J. Smith and Lee A. Smith, c/o John T. Howe, Hoskin Farina & Kampf, P.C., 200 Grand Avenue, Suite 400, Grand Junction, Colorado 81501; (970) 242-4903. Attorney for Applicants: John T. Howe, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 242-4903. Name of Structure No. 1: Smith Upper Spring. A. Source: Corral Creek, tributary to East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. B. Location: SW¼NW¼ of Section 35, T 7 S, R 91 W of the 6th P.M.; 2,397 feet from the South section line and 1,117 feet from the West section line. C. Uses: domestic, stock watering, irrigation, piscatorial and wildlife. D. Appropriation Date: July 1, 1951 as to domestic stock watering and irrigation; July 1, 1998 as to piscatorial and wildlife. E. Quantity: 0.056 c.f.s. (25 g.p.m), absolute. Name of Structure No. 2: Smith Upper Spring Pond. A. Source: Corral Creek, tributary to East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. B. Location: SW¼SW¼ of Section 26, T 7 S, R 91 W of the 6th P.M.; 311 feet from the South section line and 25 feet from the West section line. C. Uses: irrigation, domestic, piscatorial and wildlife uses consistent with a pond. D. Appropriation Date: July 1, 1998. E. Quantity: 6.00 acre feet absolute as to domestic, wildlife and piscatorial uses and conditional as to irrigation. Name of Structure No. 3: Smith Corral Creek Ditch. A. Source: Corral Creek, tributary to East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. B. Location: SW¼SW¼ of Section 26, T 7 S, R 91 W of the 6th P.M.; 350 feet from the South section line and 368 feet from the West section line. C. Uses: irrigation, stock watering, domestic, piscatorial and wildlife. D. Appropriation Date: June 1, 1961 as to irrigation; July 1, 1998 as to all other uses. E. Quantity: 0.125 c.f.s. absolute and 0.625 c.f.s. conditional (total of 0.750 c.f.s.) for irrigation; and 0.750 c.f.s. absolute for stock watering, domestic, piscatorial and wildlife uses. Name of Structure No. 4: Smith Center Spring. A. Source: Corral Creek, tributary to East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. B. Location: NW¼NW¼ of Section 35, T 7 S, R 91 W of the 6th P.M.; 518 feet from the South section line and 663 feet from the West section line. C. Uses: domestic and stock watering. D. Appropriation Date: July 1, 1951. E. Quantity: 0.033 c.f.s. (15 g.p.m.), absolute. Name of Structure No. 5: Bear Pen Ditch. A. Source: unnamed tributary to Corral Creek (locally known as Bear Pen Gulch), tributary to Corral Creek, tributary to East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. B. Location: SW¼SW¼ of Section 27, T 7 S, R 91 W of the 6th P.M.; 10 feet from the South section line and 1,214 feet from the West section line. C. Uses: irrigation, domestic, stock watering, piscatorial and wildlife. D. Appropriation Date: June 1, 1961 as to irrigation; July 1, 1998 as to other uses. E. Quantity: 0.031 c.f.s. absolute and 0.219 c.f.s. conditional (total of 0.250 c.f.s.) for irrigation; and 0.250 c.f.s. conditional as to domestic, stock watering, piscatorial and wildlife uses. Name of Structure No. 6: Herbig House Spring. A. Source: Corral Creek, tributary to East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. B. Location: SE¼NW¼ of Section 21, T 7 S, R 91 W of the 6th P.M.; 2,634 feet from the South section line and 2,272 feet from the West section line. C. Uses: domestic and irrigation. D. Appropriation Date: July 1, 1913. E. Quantity: 0.033 c.f.s. (15 g.p.m.), absolute. Name of Structure No. 7: Herbig Upper Spring. A. Source: East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. B. Location: SE¼SW¼ of Section 21, T 7 S, R 91 W of the 6th P.M.; 1,345 feet from the South section line and 1,575 feet from the West section line. C. Uses: domestic, irrigation and stock watering. D. Appropriation Date: June 1, 1911. E. Quantity: 0.045 c.f.s. (20 g.p.m.), absolute. Landowners: Applicants. (10 pages)


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YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 26. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW174 GARFIELD COUNTY – GROUNDWATER TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence and Award of Absolute Water Right. Hawkridge Homeowner’s Association, Inc. c/o Tom Kinney, Esq., Hill, Kinney & Wood, LLC, 201 Main Street, Suite 301, Carbondale, CO 81623 (970) 963-3900. Applicant requests entry of a final decree by the Water Court in this case as follows: finding that it has exercised reasonable diligence towards completing the appropriation of water pursuant to the remaining 0.0344 cfs, conditional, of 0.066 cfs water right previously decreed for the diversion of groundwater tributary to the Roaring Fork River at the Hawk Ridge Well No. 1 for domestic, irrigation and fire protection purposes with an appropriation date relating back to November 30, 1980; continuing this remaining 0.0344 cfs, conditional, for all previously decreed beneficial uses for an additional 6-year diligence period; and awarding 0.0316 cfs of 0.066 cfs water right absolute for domestic, irrigation and fire protection purposes within 16 of the 17 lots within the Hawk Ridge Subdivision with an appropriation date relating back to November 30, 1980. The point of diversion for 0.066 cfs, of which 0.0316 cfs is absolute and the remaining 0.0344 cfs is conditional, at the Hawk Ridge Well No. 1 is located within the NW¼SE¼ of Section 13, T. 7 S., R. 88 W., 6th P.M., at a point 1,570 feet distant from the east section line and 2,280 feet distant from the south section line of said Section 13 (according to the Decree entered by the Water Court on April 5, 1999, in Case No. 98CW04 awarding a change of water rights correcting the point of diversion previously decreed in Case No. 80CW552 to the actual well location). The Hawk Ridge Well No. 1 diversion point is located within Lot 2 of the Hawk Ridge Subdivision, which Lot 2 is owned by Michael and Janet Greene, whose address is 8949 Dickson Road, Fort Worth, TX 76179. (7 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 27. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW175 Garfield County, Cattle Creek: Application for Finding of Diligence and to Make Absolute. Rod Stryker, c/o Jeff Houpt, Beattie, Chadwick & Houpt, LLP, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. Structure: Bob Well No. 2. Original decree: 12/27/02, Case No. 01CW238, Water Div No. 5. Legal description: Lot 12, Sec 18, T 7 S, R 87 W, 6th P.M., at a point whence a brass cap formed in place for the NW Corner of Sec 18 bears N 50”38’58’ W a distance of 3,462.56 ft., also described as being in the SW¼NE¼, Sec 18, T 7 S, R 87 W, 6th P.M., at a point 2,196 ft from N Sec Line and 2,676 ft from W Sec Line. Source: Groundwater trib to Cattle Creek, trib to Roaring Fork River, trib to Colorado River. Depth: Approx 85 ft. Date of appropriation: 9/27/86. Amount: 20 gpm conditional. Uses: Domestic, fire protection, irrigation and stockwatering. Well is the subject of Well Permit No. 67714-F and operates pursuant to plan for augmentation approved in 01CW238. Water has been diverted and applied to beneficial use in the full decreed amount for all decreed uses. The date of first use under the current well permit was 11/20/08. The lands upon which such uses are made are located at 7209 and 7211 County Road 100, Carbondale, Colorado. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 28. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008.


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08CW176 PITKIN COUNTY. ROARING FORK RIVER. W/J Metropolitan District, c/o Patrick, Miller & Kropf, P.C., Paul L. Noto, Esq., 730 East Durant St., Suite 200, Aspen, CO 81611, (970) 920-1028. Name of structures: Jaffee Well No. 3, Jaffee Well No. 4, Jaffee Well No. 5. Date of original decree: July 13, 1993. Case No.: 90CW139. Court: District Court, Water Division No. 5. Legal description: Jaffee Well No. 3 is located in the SE ¼, NE ¼, Section 21, Township 9 South, Range 85 West, 6th P.M., Pitkin County, at a point whence the NE corner of Section 21 bears N. 19º00’17” E. 2522.56 feet (2,402 feet from the north section line and 818 feet from the east section line). Jaffee Well No. 4 is located in the NE ¼, SE ¼, Section 21, Township 9 South, Range 85 West, 6th P.M., 2,190 feet from the south section line and 600 feet from the east section line, in Pitkin County. Jaffee Well No. 5 is located in the SE ¼, NE ¼, Section 21, Township 9 South, Range 85 West, 6th P.M., Pitkin County, at a point whence the NE corner of Section 21 bears N. 24º51’50” E. 2328.39 feet (2,133 feet from the north section line and 976 feet from the east section line). Source: Alluvium of the Roaring Fork River. Appropriation date: August 24, 1987. Amount:

Well

Amount Originally Decreed

Amount and Uses Previously Made Absolute Case No. 01CW13

Amount and Uses Remaining Conditional

Jaffee Well No. 3 112 gpm 75 gpm for domestic, irrigation, and fire protection.

37 gpm for domestic, irrigation, and fire protection. 112 gpm for commercial, stock watering, and aesthetic.

Jaffee Well No. 4 75 gpm 14 gpm for domestic, irrigation and fire protection.

61 gpm for domestic, irrigation, and fire protection. 75 gpm for commercial, stock watering and aesthetic.

Jaffee Well No. 5 54 gpm N/A 54 for gpm domestic, commercial, stock watering, irrigation, fire protection, and aesthetic.

Depth: Jaffee Well No. 3: 21 feet. Jaffee Well No. 4: 33 feet. Jaffee Well No. 5: 34 feet. A detailed outline of what has been done towards completion of the appropriation and application of water to beneficial use is included in the application, on file with the court. Claim to make absolute: Jaffee Well No. 3: Date: January 12, 2007. Amount: An additional10 gpm (for a total of 85 gpm absolute). Uses: Domestic, irrigation, and fire protection. Jaffee Well No. 5: Date: August 4, 2006. Amount: 54 gpm. Uses: Domestic, irrigation, and fire protection. Place of use: Within the boundaries of the W/J Metropolitan District in Sections 21 and 22, Township 9 South, Range 85 West of the 6th P.M. Claim to continue conditional: Jaffee Well No. 3: 27 gpm for domestic, irrigation, and fire protection purposes. 112 gpm for commercial, stock watering, and aesthetic purposes. Jaffee Well No. 4: 61 gpm for domestic, irrigation, and fire protection purposes. 75 gpm for commercial, stock watering, and aesthetic purposes. Jaffee Well No. 5: 54 gpm for commercial, stock watering, and aesthetic purposes. 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 or diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: Pitkin County, 530 E. Main Street #302, Aspen, CO 81611. The water will be applied to beneficial use within the boundaries of the W/J Metropolitan District. Remarks or any other pertinent information: Jaffee Well Nos. 3, 4, and 5 are connected with Jaffee Well Nos. 1 and 2 in an integrated water supply system serving applicant’s property. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 29. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW177 GARFIELD COUNTY. THREE MILE CREEK, tributary to the Roaring Fork River. APPLICATION FOR SURFACE WATER RIGHTS. Applicants: John Walter Bershenyi Trust, Robert W. Bershenyi Living Trust, Alan Bershenyi, and Karen Bershenyi, 920 Hemlock Way, Broomfield, CO 80020, c/o Garfield & Hecht, P.C., 420 7th Street, Suite 100, Glenwood Springs, CO 81601, (970)947-1936. Name of structure: Bershenyi Spring No. 4 Upper. Point of Diversion: located in the NW1/4 of the SW1/4 of Sec. 5, T. 7 South, R. 89 West of the 6th P.M., at a point approximately 1,440 feet from the South sec. line and 1,145 feet from the West sec. line of said Sec. 5. Source: Surface spring tributary to Three Mile Creek, tributary to the Roaring Fork River. Date of initiation of appropriation: November 26, 2008. How appropriation was initiated: Formation of intent to appropriate water for the proposed uses and engineering field inspection and location of the spring. Date water applied to beneficial use: N/A. Amount: 0.056 c.f.s. (25 g.p.m.), conditional. Uses: Domestic water for one dwelling, stock water for 50 animal units, and water for existing native wildlife. Name of structure: Bershenyi Spring No. 5 Upper. Point of Diversion: located in the SW1/4 of the SW1/4 of Sec. 5, T. 7 South, R. 89 West of the 6th P.M., at a point approximately 680 feet from the South sec. line and 695 feet from the West sec. line of


PAGE 31

said Sec. 5. Source: Surface spring tributary to Three Mile Creek, tributary to the Roaring Fork River. Date of initiation of appropriation: November 26, 2008. How appropriation was initiated: Formation of intent to appropriate water for the proposed uses and engineering field inspection and location of the spring. Date water applied to beneficial use: N/A. Amount: 0.25 c.f.s., conditional. Uses: Stock water for 50 animal units and water for existing native wildlife. Name of structure: Bershenyi Spring No. 6 Upper. Point of Diversion: located in the SW1/4 of the NW1/4 of Sec. 8, T. 7 South, R. 89 West of the 6th P.M., at a point approximately 1,370 feet from the North sec. line and 450 feet from the West sec. line of said Sec. 8. Source: Surface spring tributary to Three Mile Creek, tributary to the Roaring Fork River. Date of initiation of appropriation: November 26, 2008. How appropriation was initiated: Formation of intent to appropriate water for the proposed uses and engineering field inspection and location of the spring. Date water applied to beneficial use: N/A. Amount: 0.75 c.f.s., conditional. Uses: Stock water for 50 animal units and water for existing native wildlife. Name of structure: Bershenyi Spring No. 7 Upper. Point of Diversion: located in the NE1/4 of the SW1/4 of Sec. 8, T. 7 South, R. 89 West of the 6th P.M., at a point approximately 1,770 feet from the South sec. line and 2,355 feet from the West sec. line of said Sec. 8. Source: Surface spring tributary to Three Mile Creek, tributary to the Roaring Fork River. Date of initiation of appropriation: November 26, 2008. How appropriation was initiated: Formation of intent to appropriate water for the proposed uses and engineering field inspection and location of the spring. Date water applied to beneficial use: N/A. Amount: 1.5 c.f.s., conditional. Uses: Domestic water for one dwelling, stock water for 50 animal units, maintenance flows for a fish pond not to exceed 20 acre-feet, water for existing native wildlife, and irrigation. Number of acres to be irrigated: 20 acres of land located within the NE1/4 of the SW1/4 and the SW1/4 of the NE1/4 of Sec. 8, T. 7 South, R. 89 West of the 6th P.M. Names and addresses of owners of land on which the structures are located and water will be used: Applicants. The Applicants request the Court to enter a decree confirming the conditional surface water rights described in the Application and granting such additional relief as the Court deems appropriate. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 30. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW178 (98CW272) EAGLE COUNTY-WEST LAKE CREEK, TRIBUTARY TO LAKE CREEK, TRIBUTARY TO THE EAGLE RIVER. Brickman Special Trust and Roger & Loraine Brickman Qualified Residential Trust c/o James Brickman/Trustee; P.O. Box 7600; Dallas, TX 75209 (214)986-3915; Brickman Pump-Application to Make Absolute. Location: Sec. 19, T.5S, R.82W. of the 6th P.M. ,1400 ft. from the south sec. line and 1,330 ft. from the east sec. line. Appropriation: Aug. 24, 1998. Amount: 0.80 cfs, absolute. Use: irrigation of up to 40 acres located in the NE¼SE¼ of said Sec. 19. An outline of work performed during the diligence period is included in the application. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 31. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW179 PITKIN COUNTY. Willow Creek and Maroon Creek, tributary to Roaring Fork River. Roaring Fork Land & Cattle Co. c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq., and Paul L. Noto, Esq., 730 E. Durant Street, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR CHANGE OF WATER RIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING EXCHANGE. Name of structures to be augmented: a) Maroon Ranch Pond, b) Maroon Ranch Spring, c) Willow Creek Ditch, Maroon Ranch Enlargement, d) Herrick Ditch, Maroon Ranch Enlargement. Previous decrees for water rights to be used for augmentation: Willow Creek Ditch, Willow Creek Ditch, First Enlargement; and Herrick Ditch, First Enlargement. Information from previous decrees for Willow Creek and Herrick Ditches:

Willow Creek Ditch and Willow Creek Ditch, First Enlargement

Herrick Ditch, First Enlargement


PAGE 32

Dated Entered: May 11, 1889 June 20, 1958

Case No.: Civil Action No. 132 Civil Action No. 4613

Priority: Nos. 192 and 174 No. 683

Court: Garfield County District Court

Garfield County District Court

Type of Water Right: Surface Surface

Legal description of decreed point of diversion:

The headgate is located in the SW1/4, NE1/4 of Section 21, T10S, R85W, 6th P.M., at a point approximately 2350 feet from the north section line and 1600 feet from the east section line.

The headgate is located in the NW1/4, NW1/4, Section 33, T10S, R85W, 6th P.M., at a point approximately 658 feet from the north section line and 674 feet from the west section line.

Source: Willow Creek, tributary to Maroon Creek and the Roaring Fork River

Maroon Creek, tributary to the Roaring Fork River

Amount Owned by Applicant:

4.73 cfs, absolute 7.315 cfs, absolute

Appropriation: July 1, 1885, May 1, 1887

August 1, 1951

Decreed Use: Irrigation Irrigation

Historic use: Applicant historically irrigated 34 acres with its share of water delivered by the Willow Creek Ditch and Herrick Ditch system, which is an integrated ditch system. A vicinity map showing the location of the ditches and applicant’s property is on file with the court as Exhibit “A”. A map of the historically irrigated acreage is on file with the court as Exhibit “B”. Basalt Water Conservancy District water allotment contract: Pursuant to an allotment contract, the following water rights will be made available to applicant for augmentation: Information from previous decree for Green Mountain Reservoir: Source: Blue River, tributary of Colorado River. Legal description: Located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. Adjudication date: October 12, 1955. Appropriation date: August 1, 1935. Case Nos.: 2782, 5016, and 5017. Court: United States District Court, District of Colorado. Case No. 88CW022. Court: District Court, Water Division No. 5. Decreed amount: 154,645 acre-feet and a refill right in the amount of 3,856 acre-feet absolute and 150,789 acre-feet, conditional. Decreed uses: In accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Information from previous decree for Ruedi Reservoir: Source: Frying Pan River, tributary of Colorado River. Legal description: An on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication date: June 20, 1958. Appropriation date: July 29, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Decreed amount: 102,369 acre-feet (originally decreed for 140,697.3 acre-feet; reduced to 102,369 acre-feet in Case No. W-789-76). Decreed uses: Generation of electric energy, domestic, municipal, industrial, irrigation, piscatorial and stock watering. By decree of the water court in case no. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre-feet, conditional. In water court case no. 95CW95, 44,509 acre- feet was made absolute. Information from previous decrees for Troy Ditch and Edith Ditch rights:

STRUCTURE

PRIORITY

COURT CASE NO.

ADJ DATE

APP DATE

DECREED AMOUNT (CFS)

USE (4)

AMOUNT SOLD, TRANSFERRED OR RESERVED

AMOUNT REMAINING (10)

(5) (6) (7) (8)

(9) CFS AF

Troy Ditch (1)

370

3082

08/25/1936

05/01/1906 5.10 I 0.000 0.000 0.095

0.064

0.035 4.906 N/A

Troy Ditch 1st Enlg

427

3082

08/25/1936

05/01/1928 10.80 I 0.000 0.000 0.200

0.134

0.073 10.393 N/A


PAGE 33

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River.

Troy Ditch 2nd Enlg

669

4613

06/20/1958

06/01/1942 6.20 I 0.000 0.000 0.115

0.077

0.042 5.966 N/A

Edith Ditch

353

3082

08/25/1936

05/01/1904 2.72 I 0.110 0.1320 0.050

0.000

0.018 2.410 N/A

Edith Ditch 1st Enlg

673

4613

06/20/1958

07/01/1946 3.23 I 0.000 0.000 0.060

0.000

0.022 3.148 N/A

Troy Ditch Water System aka Lower Headgate

(2)

W-2281

15.50(3) I,D,

M C,P

0.110 0.1320 0.520 0.275

0.190 14.273 412.89

(2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In case no. W-2281, Division 5, the court decreed that 453 acre-feet of annual consumptive-use credits were available to these ditches, and that 300 acre-feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre-feet of the 453 acre-feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of the court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River.

Information from previous decrees for Robinson Ditch rights: STRUCTURE

DECREED AMOUNT/ cfs

AMOUNT OWNED BY BWCD (cfs)(1)

ADJ. DATE

APP. DATE

PRIORITY

CASE NO. (2)

ROBINSON DITCH

5.00

1.21

05/11/1889

06/15/1882

38

132

ROBINSON DITCH

2.50

0.60

05/11/1889

04/15/1886

140

132

ROBINSON DITCH

2.00

0.48

05/11/1889

11/15/1886

167

132

ROBINSON DITCH

10.70

2.59

12/29/1903

04/25/1899

212C

1061

ROBINSON DITCH

20.06

4.85

08/25/1936

04/25/1900

326

3082

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch.

(2) District Court in and for Garfield County Legal description of point of diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. Historic use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre-feet of annual consumptive use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Statement of plan for augmentation. Applicant will construct the Maroon Ranch Pond for recreation, aesthetic, piscatorial, wildlife propagation, irrigation and augmentation uses. Applicant will also improve the Maroon Ranch Spring for irrigation and fire protection use. In addition, applicant will irrigate approximately 5.5 acres under the Willow Creek Ditch, Maroon Ranch Enlargement and the Herrick Ditch, Maroon Ranch Enlargement, and/or Maroon Ranch Spring that were not historically irrigated under applicant’s senior Willow Creek Ditch and Herrick Ditch water rights. The pond, ditches, and spring are subject to an application for water rights filed concurrently herewith in companion case no. 08CW181, and are depicted on the map on file with the


PAGE 34

court as Exhibit “A”. Evaporation from the pond and irrigation under the Willow Creek Ditch, Maroon Ranch Enlargement, Herrick Ditch, Maroon Ranch Enlargement and Maroon Ranch Spring will result in out-of-priority stream depletions unless augmented. Therefore, this plan quantifies the depletions from pond evaporation and irrigation and the amount of replacement water necessary to prevent injury to vested water rights. Augmentation of Maroon Ranch Pond. Applicant calculated monthly evaporation for the Maroon Ranch Pond using the method described in NOAA Technical Report NWS 33 and the State Engineer’s Policy 2004-3. The Roaring Fork River is considered fully appropriated during certain times of the year. Because the pond evaporation could be out-of-priority, any out-of-priority depletions will be augmented as follows: If the call originates downstream of the confluence of the Roaring Fork and Frying Pan Rivers, out-of-priority depletions will be augmented by the 0.71 acre-feet of historic consumptive use credit available under the water rights changed herein and by water released under applicant’s Basalt Water Conservancy District water allotment contract. The augmentation schedule which breaks down such releases by month is shown in Table 1 on file with the court. If the call originates from a water right located on the Roaring Fork River between the confluence of the Frying Pan River and Maroon Creek, or on Maroon Creek downstream from the confluence with Willow Creek and/or the Herrick Ditch headgate, any out-of-priority depletions will be augmented by dry up credits from the water rights noted in paragraph 3.A. above. Dry up will occur within the area shown on the map on file with the court as Exhibit “B” due to the pond footprint. To the extent the water rights in the Willow Creek Ditch and Herrick Ditch are in priority, permanent removal of land from irrigation will be used to offset pond evaporation. Approximately 0.59 acre of land will be dried up, providing 0.71 acre-feet of consumptive use credit to offset 1.65 acre-feet of total annual depletions from pond evaporation. The balance of evaporation depletions will either occur in priority, or fill sources will be curtailed and remaining evaporation offset by pond releases if necessary. Applicant will install a staff or other appropriate gauge and low level outlet in the pond to allow for administration. Augmentation of Willow Creek Ditch, Maroon Ranch Enlargement; Herrick Ditch, Maroon Ranch Enlargement; and Maroon Ranch Spring. Irrigation of approximately 5.5 additional acres will be augmented hereunder. Deliveries of water to the 5.5 acres will occur under the Willow Creek Ditch, Maroon Ranch Enlargement, Herrick Ditch, Maroon Ranch Enlargement and/or the Maroon Ranch Spring. The location of the 5.5 acres of new irrigation is shown on the map on file with the court as Exhibit “B”. Delivery requirements for lawn and landscape irrigation are computed on the basis of 2.17 acre-feet per acre, or 11.94 acre-feet. Eighty percent (80%) of all applied irrigation water is assumed to be consumptively used. Thus, annual consumptive use for irrigation will be 9.55 acre-feet. The depletion rate for lawn and landscape irrigation is based on the Blaney-Criddle Method, as modified by the Soil Conservation Service’s Technical Release 21. A description of the monthly delivery and consumptive use demands of irrigation use is shown in Table 2 on file with the court. Because the new irrigation use could be out-of-priority, out-of-priority irrigation depletions will be augmented as follows: When a valid senior call is in effect originating from a water right located below the confluence of the Roaring Fork and Frying Pan Rivers, water will be released under applicant’s Basalt Water Conservancy District water allotment contract to replace all out-of-priority depletions. The augmentation release schedule which breaks down such releases by month is on file with the court as Table 2. When a valid senior call is in effect originating from a water right located upstream of the confluence of the Roaring Fork and Frying Pan Rivers up to the confluence with Maroon Creek, or on Maroon Creek, applicant will curtail all irrigation diversions under the Willow Creek Ditch, Maroon Ranch Enlargement, Herrick Ditch, Maroon Ranch Enlargement and Maroon Ranch Spring water rights. Change of water rights: Decreed name of structures for which change is sought: a) Willow Creek Ditch, Priority No. 129, b) Willow Creek Ditch, First Enlargement, Priority No. 174, c) Herrick Ditch, First Enlargement, Priority No. 683. From previous decree: See paragraph 3.A.i. above. Historic use: Applicant’s Willow Creek Ditch and Herrick Ditch water rights were historically used to flood irrigate approximately 34 acres of land on applicant’s property. The location of the historic use is indicated on the map on file with the court as Exhibit “B”. Summaries of diversion records for the Willow Creek Ditch and Herrick Ditch are shown in Exhibit “C” on file with the court. Proposed change: Describe change requested: Applicant will permanently remove 0.59 acre of land historically irrigated under its Willow Creek Ditch, Priority No. 129; Willow Creek Ditch, Priority No. 174; and Herrick Ditch, Priority No. 683 water rights. This dry up will result in approximately 0.71 acre-feet of consumptive use credits annually, as set forth and broken down by month in Table 1 on file with the court. Applicant requests a change in use to add augmentation and storage as decreed uses to the Willow Creek Ditch and Herrick Ditch water rights involved in this plan. Location: The changed water rights will be stored within the Maroon Ranch Pond, the location of which is shown in Exhibit “A” on file with the court and described in companion Case No. 08CW181. Use: From irrigation to irrigation, storage, recreation, aesthetic, piscatorial, wildlife propagation, fire protection and augmentation. Amount: i) Willow Creek Ditch, Priority No. 129: 0.045 cfs, ii) Willow Creek Ditch, Priority No. 174: 0.045 cfs, iii) Herrick Ditch, Priority No. 683: 0.15 cfs. The amounts dried up and dedicated to this plan correspond to 0.71 acre-feet of consumptive use credits annually, as set forth in Table 1 on file with the court. Proposed plan of operation: If a valid call senior to the Maroon Ranch Pond is in effect and is not otherwise augmented by releases under applicant’s Basalt Water Conservancy District water allotment contract, applicant will continue to fill the Maroon Ranch Pond under the water rights changed herein. During such times, filling of the Maroon Ranch Pond will be limited to the flow rates indicated in paragraph 4.D.iv.d., and the volumes indicated in Table 1 on file with the court. Claim for appropriative right of exchange: During times when a valid senior call downstream of the confluence of the Roaring Fork and Frying Pan Rivers is in effect, applicant claims an appropriative right of exchange associated with water released under applicant’s Basalt Water Conservancy District water allotment contract, in the amount of 0.04 cfs, with a date of appropriation of September 9, 2008. When the exchange claimed is of water released from Ruedi Reservoir and/or the Troy and Edith Ditches, the affected stream reach will be the confluence of the Frying Pan and Roaring Fork Rivers, located in the SW1/4, SE1/4, Sec 7, T8S, R86W, 6th P.M., 647 feet from the south section line and 1475 feet from the east section line, (downstream terminus) up to the headgates of the Willow Creek Ditch, located in the SW1/4, NE1/4, Sec. 21, T10S, R85W, 6th P.M., at a point approximately


PAGE 35

2350 feet from the north section line and 1600 feet from the east section line, and Herrick Ditch, located in the NW1/4, NW1/4, Sec. 33, T10S, R85W, 6th P.M., at a point approximately 658 feet from the North section line and 674 feet from the west section line, (upstream termini). When the exchange claimed is of Robinson Ditch water, the affected reach is the point of diversion for the Robinson Ditch on the Roaring Fork River, located in the NW1/4, SE1/4, Sec. 11, T8S, R87W, 6 P.M., 2307 ft from the south section line and 2309 feet from the East section line, (downstream terminus), up to the headgates of the Willow Creek Ditch and Herrick Ditch (upstream termini). When the exchange claimed is of water released from Green Mountain Reservoir, the affected stream reach will be from the confluence of the Roaring Fork and Colorado Rivers, located in the SE1/4, NW1/4, Sec. 9, T6S, R89W, 6 P.M., 1291 feet from the north section line and 2441 feet from the west section line, (downstream terminus) up to the headgates of the Willow Creek Ditch and Herrick Ditch (upstream termini). Applicant will operate the exchange applied for herein when it is in priority. Place of use: Applicant owns the land on which the water diverted through the structures will be beneficially used. Irrigation will continue to occur with the remaining historic water rights within applicant’s property as shown on Exhibit “A” on file with the Court. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 32. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW180 PITKIN COUNTY – CRYSTAL RIVER. Charles Ogilby, c/o Scott Balcomb, Esq., and Scott A. Grosscup, Esq., Balcomb & Green, P.C., P. O. Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. APPLICATION FOR COND. GROUNDWATER RIGHT, COND. SURFACE WATER RIGHTS, COND. WATER STORAGE RIGHTS AND PLAN FOR AUGMENTATION INCLUDING APPROPRIATIVE RIGHT OF EXCHANGE. FIRST CLAIM-GROUNDWATER RIGHT. Name of Structure: Ogilby Geothermal Well Field. Legal Description: The Ogilby Geothermal Well Field will consist of up to 5 wells and being described as being within a 400 ft. radius circle with its center located in Sec. 32, T. 9 S., R. 88 W. of the 6th P.M, and being 600 ft. south of the north section line and 100 ft. west of the east section line of said sec. 32. Source: Groundwater, tributary to the Crystal River. Depth: Up to 600 feet. Date of Approp.: September 24, 2008. Approp. was initiated by drilling of test well (Permit No. 271456). Date water applied to beneficial use: n/a cond. right. Amt. Claimed: 0.25 cfs (112 gpm), cond. Use: Bathing, filling of baths and soaking pools, healing, swimming, medicinal and other beneficial purposes such as space heating of homes and commercial buildings. Remarks: Applicant proposes to divert water from the Ogilby Geothermal Wells to fill recreational and medicinal pools used for bathing, provide geothermal heating to a commercial spa, bed and breakfast operation, and other commercial and private uses located on Applicant’s land. The majority of water diverted will return to the Crystal River at a point located between the Ogilby Geothermal Well Field and a point downstream from the confluence with Avalanche Creek at a point shown on Figure 1 attached to the Application. SECOND CLAIM SURFACE WATER RIGHTS – USE ENLARGMENT. Name of Structure: Ogilby Crystal River Diversion No. 1. Legal Description: located in the SE1/4 of Sec. 29, T. 9 S., R. 88 W. of the 6th P.M., 900 ft. North of the South Section line and 500 ft. W. of the E. Section line of said sec. 29. Source: Crystal River. Date of Approp.: December 30, 2008, approp. was initiated by filing of application. Date water applied to beneficial use: n/a Cond. water right. Amt. Claimed: 0.5 cfs, cond. with total diversion into storage of 2.0 AF per year. Use: Applicant requests a use enlargement to allow water to be diverted into the Hell Roaring Reservoirs No. 1 and 2 to be used to augment depletions from the Ogilby Geothermal Well field. Remarks: Water diverted into the Hell Roaring Reservoirs No. 1 and 2 from the Ogilby Crystal River Diversion No. 1 to be stored for aug. of depletions from the Ogilby Geothermal Well Filed will be administered with a 2008 priority. Name of Structure: Kier Ditch. Legal Description: the Kier Ditch takes its supply of water from an unnamed stream with a source of supply from certain springs in Sec. 29 and 32, T. 9 S., R. 88 West of the 6th P.M. Source:Unnamed tributary of the Crystal River. Info. for Use Enlargement: Date of Approp.: December 30, 2008, Approp. was initiated by filing of application, Date water applied to beneficial use: n/a Cond. water right. Amt. Claimed: 0.3 cfs, cond. with total diversion into storage of 2.0 AF per year. Use: Applicant requests a use enlargement to allow water to be diverted by the Kier Ditch into the Hell Roaring Reservoirs No. 1 and 2 to be used to augment depletions from the Ogilby Geothermal Well field. Remarks: Water diverted into the Hell Roaring Reservoirs No. 1 and 2 from the Kier Ditch to be stored for augmentation of depletions from the Ogilby Geothermal Well Filed will be administered with a 2008 priority. THIRD CLAIM WATER STORAGE RIGHTS – USE ENLARGMENT. Name of structure: Hell Roaring Res. No. 1. Legal Description: located in the SW1/4SE1/4 of Sec. 29, T. 9 S., R. 88 West of the 6th P.M. at a point 1150 feet North of the South line and 1620 feet West of the East line of said Sec. 29. Source: An unnamed trib. of the Crystal River through Batt Ditch and Kier Ditch in the amt. of 0.3 cfs, and the Ogilby Crystal River Diversion No. 1 in the amt. of 0.5 cfs. Approp.: June 17, 1982. Amounts and Use: Applicant requests a use enlargement to allow up to 2.0 a.f., cond., stored in the Hell Roaring Reservoir No. 1 to be used to augment depletions from the Ogilby Geothermal Well Field. Approp. Info. for Use Enlargement: Date of Approp.: December 30, 2008. Approp. was initiated by filing of application: Date Applied to beneficial use: N/A, cond. water right. Remarks: Water stored for aug. uses in the Hell Roaring Res. No. 1 will be stored


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under a 2008 approp. date. Name of structure: Hell Roaring Res. No. 2. Legal Description: The outlet of the pond is located in the SE1/4, Sec. 29, T. 9 S., R. 88 W. of the 6th P.M.; 1,200 ft, North of the South line and 1,200 ft. West of the East line of said Section. Source: An unnamed trib. of the Crystal River through Batt Ditch and Kier Ditch in the amount of 0.3 cfs, and the Ogilby Crystal River Diversion No. 1 in the amt. of 0.5 cfs. Amounts and Use: Applicant requests a use enlargement to allow up to 0.3 AF stored in the Hell Roaring Reservoir No. 1 to be used to augment depletions from the Ogilby Geothermal Well Field. Approp. Info. for Use Enlargement: Date of Approp.: December 30, 2008, Approp. was initiated by filing of application, Date Applied to beneficial use: N/A, cond. water right. Remarks: Water stored for aug. uses in the Hell Roaring Reservoir No. 1 will be stored under a 2008 approp. date. FOURTH CLAIM PLAN FOR AUGMENTATION. The Applicant will replace out-of-priority depletions from the Ogilby Geothermal Well Field using a combination of (A) storage releases from the Hell Roaring Res. No. 1 and Hell Roaring Res. No. 2, and (B) water obtained through a water service contract through the West Divide Water Conservancy District (WDWCD). Prior to the entry of a ruling or decree, Applicant will provide evidence to the Court of the existence of a WDWCD contract for the required amount of augmentation storage water. Contract water may come from Ruedi Res., Green Mountain Res. or other facilities available to WDWCD may serve as the water supply source to the District. Ruedi Reservoir. Legal description: Ruedi Reservoir is an on-channel reservoir located in Sec. 7, 8, 9, 11, and 14 through 18, T. 8 S., R. 84 West of the 6th P.M. The Reservoir is located in portions of Eagle and Pitkin Counties. Source: Frying Pan River, trib. of Colorado River. Date of approp.: July 29, 1957. Date of adjudication: June 20, 1958, Case No.: C.A. 4613, Garfield County Dist. Ct., Amt.: 102,369 a.f., Uses: Generation of electric energy, domestic, municipal, industrial, irrigation, and stock watering. Green Mountain Res. Legal description: Green Mountain Res. is an on-channel reservoir located in all or parts of Sec. 11, 12, 13, 14, 15 and 24, T. 2 S., R. 80 West and Sec. 17, 18, 19, 20, 21, 28, 29, 33 and 34, T. 2 S., R. 80 West of the 6th P.M. The Reservoir is located in Summit County. Station 0+ 00 on the dam axis bears S. 36 degrees 31’45” Wes a distance of 11,165 ft. from the SW Corner of Sec. 1, T. 2 S., R. 80 West, 6th P.M., thence the axis bears North 21 degrees 00’00” East. Source: Blue River and all tributaries of the Blue River upstream from the dam and Elliot Creek by means of its diversion canal. Date of approp.: August 1, 1935. Date of adjudication: October 12, 1955. Case No.: 2782, 5016 and 5017, U.S. Dist. Ct., District of Colorado. Amt.: 154,645 a.f. Uses: Green Mountain Res. provides storage to supply water for use as replacement water for senior downstream diversion rights, hydroelectric power generation, irrigation, municipal/domestic, and industrial uses. Statement of Plan for Aug.: Water Demands: Applicant is developing a spa at the Avalanche Ranch Resort near Redstone, Colorado. Water pumped from the Ogilby Geothermal Well Field will be pumped from the well field, approx. 2,500 ft. to the spa. There it will be used for space heating as well as fill and maintain therapeutic spa pools with a max. water surface area of 2,600 square feet. Water that is used for space heating will return to the Crystal River in a closed system of pipes at or near the point of diversion to minimize impacts to the Crystal River. Water used in the therapeutic pools will also return to the Crystal River via the same piping mechanism. A portion of the water used in the therapeutic pools will be lost to evaporation. Applicant has estimated the annual evaporation amt. at 0.3 a.f. per year. This plan replaces those out-of-priority depletions that may be lost due to evaporation from the pools. Operation of Plan. Applicant will replace out of priority depletions through the combination of the aug. sources identified above. Calls on the Colorado River are expected to be placed primarily or exclusively by the so-called “Cameo Call” collection of senior rights that divert in DeBeque Canyon upstream from Grand Junction. Applicant expects to meet those calls against its out-of-priority diversions and depletions by having water released from the WDWCD’s sources in amounts, including transit loss, to fully replace those depletions. Calls that originate on the Crystal River may occur during the irrigation season and the non-irrigation season. When there is a call on the Crystal River, water consumed through evaporation from the therapeutic spas will be replaced with water released from the Hell Roaring Res. No. 1 or Hell Roaring Res. No. 2. On average, the evaporation depletion is estimated to total 0.19 g.p.m., or 270 gallons per day. Total yearly evaporation is estimated to total 0.3 a.f. per year. The following table describes estimated depletions and replacements from the Ogilby Geothermal Well Field.

Month Evaporation Rate (Ft) 1 Evaporation in AF 2 Release Rate (gpm) 3 January 0.05 0.00 0.02 February 0.10 0.01 0.08 March 0.29 0.02 0.15 April 0.44 0.03 0.23 May 0.61 0.04 0.29 June 0.76 0.05 0.38 July 0.78 0.05 0.38 August 0.63 0.04 0.30 September 0.54 0.03 0.23 October 0.37 0.02 0.15 November 0.20 0.01 0.08 December 0.07 0.00 0.02 Total 4.84 0.29

1. Evaporation losses calculated at 1.5 times the evaporation rate of open water surface based on the State Engineer’s Office monthly distribution guidelines for elevations above 6500 feet. 2. Evaporation for 2,600 square feet, or 0.06 acres of surface area for pools. 3.


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Releases calculated in gallons per minute Applicant’s aug. sources. Releases of on-site storage from the Hell Roaring Reservoir No. 1 and No. 2 are only required when there is a senior call from a Crystal River water right located below the Ogilby Geothermal Well Field. FIFTH CLAIM APPROPRIATIVE RIGHTS OF EXCHANGE. Exchange Approp. The downstream terminus of the first exchange, which will operate if exchange water is released from Green Mountain Res., is at the confluence of the Colorado River and the Roaring Fork River located in the SE1/4 of the NW1/4 of Sec. 9, T. 6 S., R. 89 West of the 6th P.M., at a point approx. 2,200 ft. from the North section line and 2,350 ft. from the West section line with the upstream terminus of the Ogilby Geothermal Well Field. The downstream terminus of the second exchange, which will operate if exchange water is released from Ruedi Reservoir, is at the confluence of the Roaring Fork River and the Crystal River, located in the SW1/4 NW1/4 of Sec. 28, T. 7 S., R. 88 West of the 6th P.M. at a point 300 ft. E of the West Sec. line and 2,400 ft. S. of the North Section Line and the upstream terminus is located at the Ogilby Geothermal Well Field described above. Max. Rate of Exchange: 0.50 gpm (based on consumptive use), cond.; max. volume of 0.3 a.f. annually. Date of Approp.: December 30, 2008. Approp. was initiated by formation of intent to approp. and operate water rights utilizing an exchange and filing of application. Remarks: The exchanges claimed will be operated in conjunction with Applicants’ permanent plan for aug. and will only be operated when in priority. 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, including any modification to the existing storage pool: Applicant. Portions of the Ogilby Geothermal Well Field may lie within lands owned by: (1) Colorado Department of Transportation, 4201 E. Arkansas Avenue, Denver, CO 80222, (2) U.S. Forest Service, White River National Forest, 900 Grand Avenue, Glenwood Springs, CO 81601. (14 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 33. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW181PITKIN COUNTY. Willow Creek and Maroon Creek, tributary to the Roaring Fork River. Roaring Fork Land & Cattle Co., c/o Ramsey L. Kropf, Esq. and Paul L. Noto, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR SURFACE WATER RIGHTS AND WATER STORAGE RIGHT. Name of structure: Willow Creek Ditch, Maroon Ranch Enlargement. Point of diversion: The decreed headgate location is on the north bank of Willow Creek, about ¼ mile above the mouth. The headgate is located in the SW ¼, NE ¼, Section 21, Township 10 S., Range 85 W., 6th P.M., at a point 2321 feet from the north section line and 1676 feet from the east section line. A map of the point of diversion is on file with the Court as Exhibit “A”. Source: Willow Creek, tributary to Maroon Creek and the Roaring Fork River, as well as local runoff captured by this ditch. Priority date information: Date of appropriation: July 30, 2008. How appropriation was initiated: By field observation, inspection of the ditch, completing an engineering design to construct the storage structure, and intent to appropriate the water right. Amount claimed: 0.5 cfs, conditional. The total diversion amount for the Willow Creek Ditch, Maroon Ranch Enlargement and the Herrick Ditch, Maroon Ranch Enlargement (see Second Claim) combined will be limited to 0.5 cfs. Uses: To fill and refill the Maroon Ranch Pond, described in the Fourth Claim herein, the uses of the water will be for recreation, aesthetic, piscatorial, wildlife propagation, irrigation, and augmentation. Total number of acres proposed to be irrigated: Approximately 5.5 acres. The irrigation will occur within the property boundaries shown on the map on file with the Court as Exhibit “A”, and is generally located in the south ½ of Section 15 and the north ½ of Section 22, Township 10 South, Range 85 West, 6th P.M. Place of use: The water use will be on applicant’s property. Remarks: This water right is a component of an integrated legal water supply plan applied for in this case and the plan for augmentation applied for in Case No. 08CW179. Applicant will divert water only when adequate capacity exists within the Willow Creek Ditch, and does not propose to undertake any ditch improvements or enlargements not authorized by the Ditch Company. Name of structure: Herrick Ditch, Maroon Ranch Enlargement. Point of diversion: The decreed headgate location is on the west bank of Maroon Creek at a point whence the southeast corner of Section 21, Township 10 South, Range 85 West, 6th P.M., bears northeast 5115 feet. The headgate is located in the NW ¼, NW ¼, Section 33, Township 10 S., Range 85 W., 6th P.M., at a point 658 feet from the north section line and 674 feet from the west section line. A map of the point of diversion is on file with the Court as Exhibit “A”. Source: Maroon Creek, tributary to the Roaring Fork River. Date of appropriation: July 30, 2008. How appropriation was initiated: By field observation, inspection of the ditch, completing an engineering design to construct the storage structure, and intent to appropriate the water right. Amount claimed: 0.5 cfs, conditional. The total diversion amount for the Herrick Ditch, Maroon Ranch Enlargement and the Willow Creek Ditch, Maroon Ranch Enlargement (see First Claim) will be limited to 0.5 cfs. Uses: To fill and refill the Maroon Ranch Pond, described in the Fourth Claim herein, the uses of the water will be for recreation, aesthetic, piscatorial, wildlife propagation, irrigation, and augmentation. Total number of acres proposed to be irrigated: Approximately 5.5 acres. The irrigation will occur within the property boundaries shown on the map on file with the Court


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as Exhibit “A”, and is generally located in the south ½ of Section 15 and the north ½ of Section 22, Township 10 South, Range 85 West, 6th P.M. Place of use: The water use will be on applicant’s property. Remarks: This water right is a component of an integrated legal water supply plan applied for in this case and the plan for augmentation applied for in Case No. 08CW179. Applicant will divert water only when adequate capacity exists within the Herrick Ditch and Willow Creek Ditch, and does not propose to undertake any ditch improvements or enlargements not authorized by the Ditch Company. Name of structure: Maroon Ranch Spring. Legal description of point of diversion: The spring consists of a seep/spring area approximately 200 feet in diameter with the center point located in the SE1/4, SW1/4, Section 15, Township 10 South, Range 85 West, 6th P.M., 356 feet from the south section line and 1858 feet from the west section line. A map indicating the location of the spring is on file with the Court as Exhibit "A". Source: Seepage and a spring tributary to Maroon Creek. Priority date information: Date of appropriation: July 30, 2008. How appropriation was initiated: By field observation, inspection of the spring, and intent to appropriate the water right. Amount claimed: 0.20 cfs, conditional. Uses or proposed uses: Irrigation and fire protection. Total number of acres proposed to be irrigated: Approximately 5.5 acres. The irrigation will occur within the property boundaries shown on the map on file with the Court as Exhibit “A”, and is generally located in the south ½ of Section 15 and the north ½ of Section 22, Township 10 South, Range 85 West, 6th P.M. The spring will be located on and water use will be on applicant’s property. Remarks: This water right is a component of an integrated legal water supply plan applied for in this case and the plan for augmentation applied for in Case No. 08CW179. Name of reservoir: Maroon Ranch Pond. Legal description of reservoir dam: The centerline of the dam is located in the NE1/4, NW1/4, Section 22, Township 10 South, Range 85 West, 6th P.M., at a point 93 feet from the north section line and 1899 feet from the west section line of said section 22. A map of the pond is on file with the Court as Exhibit "A". Name and capacity of ditch or ditches used to fill reservoir and legal descriptions of each point of diversion: The reservoir will be filled via the Herrick Ditch, Maroon Ranch Enlargement and the Willow Creek Ditch, Maroon Ranch Enlargement, the legal descriptions of which are listed above. Source: Willow Creek, a tributary of the Roaring Fork River, Maroon Creek, a tributary of the Roaring Fork River; and unnamed tributaries to Maroon Creek and Willow Creek for local run-off captured by the ditch system and pond. Date of appropriation: July 30, 2008. How appropriation was initiated: By field observation, completing an engineering design to construct the pond, and intent to appropriate the water right. Amount claimed: 3.2 acre feet, conditional, with the right to fill and refill when water is physically and legally available. Rate of diversion in cfs for filling the reservoir: 0.5 cfs. Uses or proposed uses: Recreation, aesthetic, piscatorial, wildlife propagation, irrigation, and augmentation. Total number of acres proposed to be irrigated: 5.5 acres. The irrigation will occur within the property boundaries shown on the map on file with the Court as Exhibit “A”, and is generally located in the south ½ of Section 15 and the north ½ of Section 22, Township 10 South, Range 85 West, 6th P.M. Surface area of high water line: 0.58 acres. Maximum height of dam: 10 feet. Length of dam: 360 feet. The pond will be located on and water use will be on applicant’s property. Remarks: This water right is a component of an integrated legal water supply plan applied for in this case and the plan for augmentation applied for in Case No. 08CW179. Applicant will line the pond in accordance with the State Engineer’s guidelines. Applicant will fill the pond in priority and/or pursuant to the plan for augmentation applied for in Case No. 08CW179 only when adequate capacity exists within the Willow Creek Ditch and Herrick Ditch system and does not propose to undertake any ditch improvements not authorized by the Ditch Company. ( ) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 34. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW182 Rio Blanco County, Colorado, spring outcrop tributary to Taylor Creek, tributary to Hunter Creek, Tributary to Piceance Creek, tributary to the White River, Water Division No. 5 EnCana Oil & Gas (USA) Inc., c/o Michael A. Rynearson, 370 17th Street, Suite 1700, Denver, Colorado 80202, telephone number (303) 623-2300. 1. Frederick G. Aldrich, Aldrich Law Firm, LLC, 601A 28¼ Road, Grand Junction, Colorado 81506, telephone number (970) 245-7950. 2. Taylor Creek Spring. 3. Applicant seeks a surface water right. 4. Spring outcrop tributary to Taylor Creek, tributary to Hunter Creek, Tributary to Piceance Creek, tributary to the White River. 5. NW¼ SE¼, Section 17, Township 3 South, Range 97 West of the Principal Meridian, Rio Blanco County, Colorado. 6. Industrial. 7. Spring. 8. 2.5 c.f.s conditional. 9. Applicant intends to appropriate the water to support its natural gas exploration and drilling program in the Piceance Basin in the Figure 4, Eureka, Double Willow and Storey Gulch drilling units and as a source of water supply for the Taylor Reservoir owned by Applicant. (2 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate 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


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prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 35. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW183 PITKIN COUNTY. East Snowmass Creek and Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Application for Conditional Water Storage Right. 1. Applicant: Snowmass Water and Sanitation District (“District@), Attn: Kit Hamby, District Manager, P.O. Box 5700, Snowmass Village, CO 81615; direct correspondence and pleadings to: Peter D. Nichols, # 33167, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, (303) 861-1963, Fax Number (303) 832-4465; E-Mail: [email protected] and Stephen R. Connor, #7773, Oates, Knezevich, Gardenswartz & Kelly, P.C., 533 East Hopkins Avenue, 3rd Floor; Aspen, Colorado 81611, (970) 925-1275, Fax Number: (970) 920-1121, E-Mail: [email protected]. 2. Name of Reservoir: Ziegler Reservoir. 3. Legal description of reservoir dam centerline: Commencing at Angle Point No. 8 of Tract 51, being the same as Angle Point No. 1 of Tract 50, a GLO brass cap in place; Thence S84°53'46”E a distance of 728.87 feet to the southerly most point of a proposed embankment, The Point of Beginning; Thence along the centerline of said proposed embankment along the arc of a curve to the right having a radius of 337.77 feet a central angle of 23°58'36” a distance of 141.35 feet (chord bears N10°04'12”E a distance of 140.32 feet); Thence continuing along said centerline N24°42'03”E a distance of 103.24 feet to a point being the center of said proposed embankment; Thence continuing along said centerline N28°35'57”E a distance of 102.75 feet; Thence continuing along said centerline along the arc of a curve to the right having a radius of 332.89 feet a central angle of 24°07'39” a distance of 140.18 feet (chord bears N40°06'15”E a distance of 139.15 feet) to the northerly most point of said proposed embankment, The Point of Terminus, (whence Angle Point No. 8 of Tract 51 bears S68°41'21”W a distance of 1000.91 feet), situated in Tract 47, Section 2, Township 10 South, Range 86 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado.(Bearings are based on N00°00’15”E between Angle Point No. 8, Tract 51, a found GLO 1930 Brass Cap and Angle Point No. 9, Tract 51, a found GLO 1930 Brass Cap.) The reservoir is off-channel. See Exhibit 1 attached to Application. 4. Source: East Snowmass Creek and Snowmass Creek. 5. A. Date of Appropriation: December 10, 2008. B. How appropriation was initiated: Field inspection, monumentation, survey, formulation of intent to apply water to beneficial use, and adoption of resolution of intent to appropriate by Board of Directors of the Applicant. 6. Amount claimed: A. 300 acre feet conditional for storage with the right to fill and refill in priority for municipal, industrial and recreational purposes, including snowmaking. B. Rate of diversion for filling and refilling the off-channel reservoir in priority: i. 5.1 cfs delivered by the East Snowmass Brush Creek Pipeline. The point of diversion of the pipeline is located at a point on the east bank of East Snowmass Creek, which is tributary to the Roaring Fork River, whence the northeast corner of Section 10, Township 10 South, Range 86 West of the 6th P.M. bears north 39°25' East, 6,495 feet. ii. 6.0 cfs delivered by the Snowmass Creek Pipeline. The point of diversion of the pipeline is located at a point on the right bank of Snowmass Creek, which is tributary to the Roaring Fork River, at a point whence the southeast Corner of Sec. 3, Township 10 South, Range 86 West of the 6th P.M. bears S. 57°34' East 3,417 feet. 7. Uses: municipal, industrial and recreational purposes, including snowmaking. 8. Surface area of high water line: approximately 17 acres. A. Maximum height of dam: greater than 10 feet. B. Length of dam: approximately 500 feet. 9. Total capacity of reservoir: 300 acre-feet. A. Active capacity: 300 acre-feet. B. Dead storage: 0 acre-feet. 10. The land owners upon which this structure is located are: A. Applicant, B. Ziegler, Pitkin County Colorado Property, 4363 Stoney Lane, Slinger, WI 53086; C. Zipcorp, Inc., 4363 Stoney Lane, Slinger, WI 53086; D. Divide Homeowners Association, PO Box 5852, Snowmass Village, CO 81615. 11. The conditional water right that is the subject of this Application is an integral part of a unified water supply system for the District. This system includes, among other things, numerous ditch water rights, water rights and structures pertaining to the East Snowmass Brush Creek Pipeline, West Fork Brush Creek Pipeline, Snowmass Creek Pipeline, Christensen Ditch, interests in water storage decrees in Sam’s Knob Reservoir, and other water treatment and distribution facilities designed to meet the water supply needs of those served by the District. (6pgs) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 36. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW184 PITKIN COUNTY. Source: Maroon Creek, tributary to Roaring Fork River, tributary to Colorado River. Amended Application for Surface Water Right, Change of Water Right and Approval of Plan for Augmentation by Starwood Metropolitan District, in care of BALCOMB & GREEN, PC, Scott Balcomb and Sara Dunn, PO Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. SURFACE WATER RIGHT for Starwood Roaring Fork Diversion. Legal description of point of diversion:

mailto:[email protected]


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E. bank of the Roaring Fork River in the SW1/4 SW1/4 of Sec. 35, T9S, R85W 6PM, 300 ft. N. of S. Sec. line, 900 ft. E. of W. Sec. line. Date of initiation of approp: 6/30/2008.Amt. 1.0 cfs, cond. Use: dom., stockwater, fire protection, muni., rec. and aug. Date water applied to beneficial use. N/A. 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: Pitkin County, Colorado, in care of John Ely, Esq., Pitkin County Attorney’s Office, 530 E. Mn. St, Ste. 1, Aspen, CO 81611. CHANGE OF WATER RIGHT for Stapleton Brothers’ Ditch, PN 269. Previous decrees: CA3000 entered 10/16/1933 in the Pitkin County Dist. Ct., Colorado. Decreed point of diversion: W. Bank of Maroon Creek at a point whence the N. 1/4 corner of Sec. 11, T10S, R85W 6PM, bears N. 110 deg. 40' E. a distance of 8049.60 ft. Approp: 6/30/1904. Historic use: Irr. of 400 ac. of land owned by the Stapleton brothers in Sec.s 27, 28, 33 and 34, T9S, R85W, 6PM. The Stapleton Brothers’ Ditch water right was changed by decree entered 1/31/2005 in 99CW306, Dist. Ct., Division 5 Water Court quantifying the dry-up of 136 ac. yielding 220 af. per year of HCU credits. Proposed Change: Applicant acquired a 13/44 interest in the 8.0 cfs decreed to the Stapleton Brothers’ Ditch which equates to 65 af of the 220 af. of the CU credits decreed in 99CW306. Applicant requests the right to divert its Stapleton Brothers’ Ditch PN 269 CU water at alternate points of diversion: Starwood Roaring Fork Diversion, described above; Starwood Pump Station: A point of diversion situated in the SW1/4 of Sec. 26, T9S, R85W, 6PM wherein the SW Corner of said Sec. 26 bears S. 20 deg. 16’ W. 1337.50 ft. Starwood Well No. 5: located in NE1/4, SW1/4 of Sec. 26, T9S, R85W, 6PM, 2215 ft. N. of S. Sec. line, 1460 ft. E. of W. Sec. line of Sec. 26. Starwood Well No. 1: First Enlargement: located in the NE1/4, SW1/4 of Sec. 26, T9S, R85W, 6PM, 2220 ft. N. of S. line, 1420 ft. E. of W. Sec. line of Sec. 26. Applicant also seeks the right to place its Stapleton Brothers’ Ditch CU water into storage at: Starwood Pond: Decreed in 92CW347 (Consol. 95CW302) as being located within the 35 ac. parcel described as a dam situated in Sec. 26, T9S, R85W, 6PM, said dam being 70 ft. in width, 35 ft. on each side of the following described centerline: at point whence the SW corner of Sec. 26 bears S. 23 deg. 17” 44” W. 3273.16 ft.; S. 87 deg. 33’05” W. 172.36 ft.; S. 38 deg. 14’22” W. 46.36 ft.; N. 79 deg. 37’05” W. 52.71 ft.; N. 46 deg. 27’23” W. 203.68 ft.; N. 61 deg. 35’47” W. 104.84 ft.; N. 83 deg. 01’54” W. 125.61 ft.; N. 70 deg. 59’10” W. 112.45 ft. to the point of terminus whence said SW corner of Sec. 26 bears S. 10 deg. 04’16” W. 3264.41 ft. Uses: right to use and reuse to exhaustion 65 af. for dom., stockwater, fire protection, muni., irr., rec., aug. and exchange. Statement of Plan for Augmentation. Applicant seeks to add its interest in the Stapleton Brothers’ Ditch PN 269 as a source of replacement water for its existing plan for augmentation decreed in 92CW347 (Consol. 95CW302). Structures to be augmented: Starwood Pump Station; Starwood Well No. 5; Starwood Well No. 1; Starwood Roaring Fork Diversion; Stapleton Brothers' Ditch. (23 pgs incl. Ex.s) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 37. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW185 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF C LAZY U RANCH DEVELOPMENT, LLC 1. Name and address of Applicant: C Lazy U Ranch Development, LLC, c/o Triton Investment Company, 1490 Lafayette Street, Suite 404, Denver, Colorado 80218, Copies of all pleadings to: Richard A. Johnson, Stephen C. Larson, Catherine M. Grainger, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304, 2. Overview: C Lazy U Ranch Development, LLC (“C Lazy U Development”) owns or will own approximately 674 acres of land in Grand County, part of which it plans to develop into ten (10) residential home sites known as Aspen Springs (the “Project”). The Project is located north of Granby, Colorado in the Willow Creek drainage. The Project consists of ten (10) 35-acre parcels each with a residence of between 2,500 and 10,000 square feet and 2,500 square feet of outside irrigation. Each lot owner will be permitted to keep up to four (4) horses in the summer months only (May through September). Attached hereto as Exhibit A is a legal description and map depicting the site. Aspen Springs Well Nos. 1 through 5, AS Spring No. 1, AS Upper Spring, Duck Pond Spring Nos. 1 and 2, and Springdale Pipeline Diversion First Enlargement will be the sources of water supply for the Project. Wastewater will be treated and discharged through individual septic tank and leach field systems. Out-of-priority depletions will be augmented with Middle Park Water Conservancy District contract water and the C Lazy U Fish Pond No. 2 First Enlargement. I. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS 3. Names of structures: a. Aspen Springs Well No. 1 b. Aspen Springs Well No. 2 c. Aspen Springs Well No. 3 d. Aspen Springs Well No. 4 e. Aspen Springs Well No. 5 4. Legal descriptions: a. Aspen Springs Well No. 1: NE1/4 NE1/4 of Section 11, Township 2 North, Range 77 West of the 6th P.M., 1,162 feet from the North section line and 1,097 feet from the East section line. b. Aspen Springs Well No. 2: NW1/4 SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 1,843 feet from the South section line and 412 feet from the West section line. c. Aspen Springs Well No. 3: NE1/4 SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 1,860 feet from the South section line and 1,736 feet from the West section line. d. Aspen Springs Well No. 4: SE1/4 SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 1,130 feet from the South section line


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and 2,699 feet from the East section line. e. Aspen Springs Well No. 5: SE1/4 SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 250 feet from the South section line and 2,723 feet from the West section line. 5. Source: The source of the Aspen Springs Well Nos. 1 through 5 is groundwater tributary to Willow Creek which is tributary to the Colorado River. 6. Amount claimed: The amount claimed for the Aspen Springs Well Nos. 1 through 5 is 40 gpm, conditional, each. 7. Date of appropriation: Applicant claims an appropriation date as of November 18, 2008. The appropriation was initiated by formation of the requisite intent to appropriate coupled with actions manifesting such intent including, without limitation, engineering work and field inspections of the property. 8. Proposed uses: Domestic, irrigation, stock watering and fire protection. The irrigation uses are limited to approximately 2,500 square feet of lawn and garden areas in the vicinity of each of the ten (10) homes. The domestic use is to serve the ten (10) homes. The stock watering use is limited to four (4) horses for each lot for the summer months only (May through September). The fire protection use is for the protection of the Project. 9. Name and owner of land upon which structures are located: Aspen Springs Well Nos. 1 through 5 are located on land owned by Applicant. II. APPLICATION FOR CONDITIONAL SPRING RIGHTS 10. Names of structures: a. AS Spring No. 1 b. AS Upper Spring c. Duck Pond Spring No. 1 d. Duck Pond Spring No. 2 11. Legal descriptions: a. AS Spring No. 1: NW1/4 SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 1,838 feet from the South section line and 330 feet from the West section line. b. AS Upper Spring: NW1/4 SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 1,476 feet from the South section line and 51 feet from the West section line. c. Duck Pond Spring No. 1: SE1/4 SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 250 feet from the South section line and 2,701 feet from the West section line. d. Duck Pond Spring No. 2: SE1/4 SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M., 250 feet from the South section line and 2,669 feet from the East section line. 12. Source: The source of the above springs is spring water and seepage tributary to Willow Creek which is tributary to the Colorado River. 13. Amount claimed: The amount claimed for AS Spring No. 1, AS Upper Spring, Duck Pond Spring No. 1 and Duck Pond Spring No. 2 is 20 gpm, conditional, each. 14. Date of appropriation: Applicant claims an appropriation date as of November 18, 2008. The appropriation was initiated by formation of the requisite intent to appropriate coupled with actions manifesting such intent including, without limitation, engineering work and field inspections of the property. 15. Proposed uses: Domestic, irrigation, stock watering and fire protection. The irrigation uses are limited to approximately 2,500 square feet of lawn and garden areas in the vicinity of each of the ten (10) homes. The domestic use is to serve the ten (10) homes. The stock watering use is limited to four (4) horses for each lot for the summer months only (May through September). The fire protection use is for the protection of the Project. 16. Name and owner of land upon which structures are located: AS Spring No. 1, AS Upper Spring, Duck Pond Spring No. 1 and Duck Pond Spring No. 2 are located on land owned by Applicant. III. APPLICATION FOR CONDITIONAL SPRING RIGHT 17. Name of structure: Springdale Pipeline Diversion First Enlargement 18. Legal description: SE1/4 NW1/4 SW1/4 of Section 12, Township 2 North, Range 77 West of the 6th P.M. 19. Source: The source of Springdale Pipeline Diversion First Enlargement is spring flows tributary to Willow Creek which is tributary to the Colorado River. 20. Amount claimed: Applicant’s claim for a first enlargement is for 1.0 cfs, conditional. 21. Date of appropriation: Applicant claims an appropriation date as of November 18, 2008. The appropriation was initiated by formation of the requisite intent to appropriate coupled with actions manifesting such intent including, without limitation, engineering work and field inspections of the property. 22. Proposed uses: Domestic, irrigation, stock watering and fire protection. The irrigation uses are limited to approximately 2,500 square feet of lawn and garden areas in the vicinity of each of the ten (10) homes. The domestic use is to serve the ten (10) homes. The stock watering use is limited to four (4) horses for each lot for the summer months only (May through September). The fire protection use is for the protection of the Project. 23. Name and owner of land upon which structure is located: Springdale Pipeline Diversion First Enlargement is located on land owned by Applicant. IV. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE The requested plan for augmentation seeks to replace out-of-priority depletions resulting from Applicant’s diversions from the Aspen Springs Well Nos. 1 through 5, AS Spring No. 1, AS Upper Spring, Duck Pond Spring Nos. 1 and 2, and Springdale Pipeline Diversion First Enlargement. Estimated demand and consumptive use figures are set forth below. Under the plan for augmentation, Applicant will replace the out-of-priority depletions with water available to Applicant pursuant to Applicant’s pending contract for Windy Gap Project and Wolford Mountain Reservoir water from the Middle Park Water Conservancy District (“Middle Park Contract”) and/or water stored under the C Lazy U Fish Pond No. 2 First Enlargement water right which is a conditional water storage right being applied for by the Applicant in a Division No. 5 water court application filed contemporaneously herewith. 24. Name and description of structures to be augmented: a. Aspen Springs Well No. 1, as more particularly described in Section I. above. b. Aspen Springs Well No. 2, as more particularly described in Section I. above. c. Aspen Springs Well No. 3, as more particularly described in Section I. above. d. Aspen Springs Well No. 4, as more particularly described in Section I. above. e. Aspen Springs Well No. 5, as more particularly described in Section I. above. f. AS Spring No. 1, as more particularly described in Section II. above. g. AS Upper Spring, as more particularly described in Section II. above. h. Duck Pond Spring No. 1, as more particularly described in Section II. above. i. Duck Pond Spring No. 2, as more particularly described in Section II. above. j. Springdale Pipeline Diversion First Enlargement, as more particularly described in Section III. above. 25. Water rights to be used for augmentation: a. Middle Park Water Conservancy District Contract Water. To augment depletions from the augmented structures set forth in paragraph 24 above, Applicant proposes to cause the annual release of up to 2.0 a.f./yr. of water from one or a combination of the following sources under Applicant’s Middle Park Contract: (1) A portion of the 3,000 acre feet produced by the Windy Gap Project and stored in Granby Reservoir pursuant to paragraph 17 of the Agreement concerning the Windy Gap Project and the Azure Reservoir and Power Project dated April 30, 1980, and the Supplement


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dated March 29, 1985, to the extent that water is available under Applicant’s Middle Park Contract. The Windy Gap Project diverts at a point on the North bank of the Colorado River whence the Northwest corner of Section 25, Township 2 North, Range 77 West of the 6th P.M. bears South 17° 30’ West a distance of 2,380 feet. Granby Reservoir is located on the Colorado River upstream of its confluence with the Fraser River in all or parts of Sections 25, 26, 27, 34, 35, and 36, Township 3 North, Range 76 West; Sections 29, 30, and 32, Township 3 North, Range 75 West; Sections 1, 2, 3, 10, 11, 12, 13, and 15, Township 2 North, Range 76 West; and Sections 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 21, 22, and 23, Township 2 North, Range 75 West, of the 6th P.M., Grand County, Colorado; (2) A portion of Middle Park’s 3,000 acre-foot interest in Wolford Mountain Reservoir pursuant to an agreement between the Colorado River Water Conservation District, the Board of County Commissioners of Grand County and Middle Park dated December 17, 1992. Wolford Mountain Reservoir’s 59,993 acre-feet storage right was adjudicated to the Colorado River Water Conservation District in Case No. 87CW283, by the District Court in and for Water Division No. 5. Wolford Mountain Reservoir is located on Muddy Creek. The dam for Wolford Mountain Reservoir is located in the SW1/4 NE1/4 of Section 25, Township 2 North, Range 81 West of the 6th P.M. The intersection of the dam axis with the right abutment occurs at a point which bears South 54° 54’ 20” East, a distance of 3,716.46 feet from the Northwest corner of said Section 25. Water will be released from these structures to the Colorado River, or as otherwise directed by the Division Engineer, to replace Applicant’s out-of-priority depletions from the augmented structures described in paragraph 24 above. b. C Lazy U Fish Pond No. 2 First Enlargement. In addition to the Middle Park Contract water, Applicant will use water stored in priority under the C Lazy U Fish Pond No. 2 First Enlargement water right to augment depletions from the augmented structures described in paragraph 24 above, all as claimed in the water court application being filed by Applicant contemporaneously herewith in Division No. 5. (i) Legal description of the dam: SE1/4 NE1/4 of Section 3, Township 2 North, Range 77 West of the 6th P.M., 2,050 feet from the North section line and 614 feet from the East section line. This point was described in Case No. W-11 (the original water right associated with this structure) as at a point whence the NE Corner of Section 3, Township 2 North, Range 77 West of the 6th P.M. bears North 20°14’ East a distance of 2,227 feet. (ii) Source: The source of C Lazy U Fish Pond No. 2 First Enlargement is spring water, surface run-off and seepage under said pond tributary to Willow Creek which is tributary to the Colorado River. (iii) Total capacity and amount claimed: Applicant’s claim for a first enlargement is for 15.77 acre-feet, conditional, with a fill rate of 5.0 cfs. 100% of this capacity is active storage. (iv) Date of appropriation: Applicant claims an appropriation date as of November 18, 2008. The appropriation was initiated by formation of the requisite intent to appropriate coupled with actions manifesting such intent including, without limitation, engineering work and field inspections of the property. (v) Proposed uses: Augmentation, replacement and exchange, fire protection, fish culture, recreation, and stock watering. (vi) Surface area and dam information: a. Surface area: 8 acres b. Height of dam: 9.5 feet c. Length of dam: 500 feet (vii) Name and owner of land upon which structure is located: C Lazy U Fish Pond No. 2 First Enlargement is located on land owned by C Lazy U Ranch Holdings, LLC (“Holdings”), c/o Triton Investment Company, 1490 Lafayette Street, Suite 404, Denver, CO 80218. Holdings has consented to Applicant’s use of this structure for the purpose of diverting the enlargement right and utilizing the same in its plan for augmentation. Applicant shall provide notice of this Application to Holdings pursuant to C.R.S. § 37-92-302(2)(b)(II). 26. Projected demands and depletions: a. Demand. At full build-out, the demand is expected to consist of the uses described in paragraph 2 above, as follows: indoor domestic use is expected to require diversions of 9.53 a.f./yr., based upon an assumption of year-round occupancy, although most of the homes may likely be occupied for only a portion of the year. Outdoor use for irrigation is expected to require 0.88 a.f./yr. The stock watering use is expected to require 0.23 a.f./yr. Total indoor, outdoor and stock watering demand is expected to be 10.64 a.f./yr. b. Consumptive Use. The consumptive indoor use is projected to be 0.95 a.f./yr., based upon an in-house consumptive use of ten percent (10%) through individual septic tank and leach field treatment. The consumptive outdoor use is projected to be 0.71 a.f./yr. The consumptive stock watering use is projected to be 0.23 a.f./yr. Thus, total consumptive use is projected to be 1.89 a.f./yr. Applicant expressly reserves the right to change the mix of uses described herein so long as the total Project depletions do not exceed available augmentation water. c. Statement of plan for augmentation: For the purpose of evaluating the amount of water needed to operate the augmentation plan, the entire 1.89 a.f. of annual Project depletions are assumed to be out-of-priority. In cooperation with the water commissioner, the Applicant shall replace all out-of-priority depletions from the water rights described in paragraph 24 above, with releases of Middle Park Contract water, as described in paragraph 25 a. above, and/or with water stored in the C Lazy U Fish Pond No. 2 First Enlargement, as described in paragraph 25 b. above. Applicant will install measuring devices and implement such accounting procedures as may be reasonably required by the Division Engineer to ensure that out of priority depletions are fully replaced in amount, timing and location under this plan. Applicant shall file an annual report with the Division Engineer by November 15th of each year summarizing diversions and replacements at least monthly under this plan. Pursuant to C.R.S. § 37-92-305(8), the State Engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 28. Appropriative rights of exchange: To the extent that Applicant’s augmentation obligations may be met at the confluence of the Colorado River and Willow Creek (the “Willow Creek Exchange”) or the confluence of the Colorado River and Muddy Creek (the “Colorado River Exchange”), the Middle Park Water Conservancy District may release water from the Windy Gap Project (Granby Reservoir) or Wolford Mountain Reservoir under Applicant’s contract in order to replace Applicant’s out-of-priority depletions by exchange. Applicant will operate the following requested exchange only at such times when deliveries of water at such point will satisfy the downstream call requiring operation of this plan for augmentation: a. Exchange reaches: (i) Willow Creek Exchange: From the Willow Creek confluence with the Colorado River in the SE 1/4 NW 1/4, Section 21, Township 2 North, Range 76 West of the 6th P.M. upstream on Willow Creek to the point of depletion


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located within the NW 1/4 SW 1/4, Section 12, Township 2 North, Range 77 West of the 6th P.M. (ii) Colorado River Exchange: From the Muddy Creek confluence with the Colorado River in the NW 1/4 NE 1/4, Section 19, Township 1 North, Range 80 West of the 6th P.M. to the Willow Creek confluence with the Colorado River in the SE 1/4 NW 1/4, Section 21, Township 2 North, Range 76 West of the 6th P.M., and then upstream on Willow Creek to the point of depletion located within the NW 1/4 SW 1/4, Section 12, Township 2 North, Range 77 West of the 6th P.M. b. Exchange rate: up to 0.00530 cfs (2.38 gpm). c. Date of appropriation: November 18, 2008. Appropriation was initiated by formation of the requisite intent to appropriate coupled with actions manifesting such intent, including, without limitation, engineering work and field inspections of the property. WHEREFORE, Applicant, C Lazy U Ranch Development, LLC, requests that this Court enter a judgment and decree which provides as follows: (i) Grants the application for conditional water rights described in Sections I, II and III above; (ii) Approves the plan for augmentation including appropriative rights of exchange described in Section IV above; and (iii) Finds that as a result of Applicant’s requested water rights and plan for augmentation including exchange there will be no injury to any owner, or person entitled to use water under a vested water right or decreed conditional water right. (12 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 38. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW186 PITKIN COUNTY. Roaring Fork River, tributary to the Colorado River. Aspen Club Group, Inc., c/o Scott C. Miller, Esq. and William M. Stenzel, Esq., Patrick, Miller and Kropf, P.C., 730 E. Durant Street, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR SURFACE WATER RIGHT AND WATER STORAGE RIGHT. First Claim: Name of structure: Crystal Lake Pump and Pipeline. Legal description for the point of diversion: At a point located in the SW ¼ NE ¼ of Section 18, Township 10 South, Range 84 West, 6th P.M., 1550 feet from the East Section Line and 2600 feet from the North Section Line. Source: Roaring Fork River, tributary to the Colorado River. Priority date information: Date of appropriation: April 10, 2008. How appropriation was initiated: By formulation of intent to appropriate water, design of the pond and pump and pipeline filling system, engineering calculations, field inspection and site selection. Amount claimed: 0.33 c.f.s., conditional. Uses: To fill and refill Crystal Lake, described in the Second Claim herein, for the beneficial purposes of recreation, aesthetic, piscatorial, wildlife propagation, and irrigation. If irrigation, complete the following: Total number of acres proposed to be irrigated: Approximately 10.0 acres. Legal description of acreage irrigated or to be irrigated: The irrigation will occur within the property described in Exhibit “A,” on file with the Court, partially depicted on the map on file with the Court as Exhibit “B,” and known generally as the Callahan Subdivision. Name and address of owner 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 place to beneficial use: Diversion point of pump and pipeline and storage structure are located on Applicant’s property. Remarks or any other pertinent information: This water right and the water right described in the second claim below are component parts of an integrated water supply system. Second Claim: Name of reservoir: Crystal Lake. Legal description of reservoir dam: The center point of the downstream, north bank of Crystal Lake is located in the SE ¼ NE ¼ of Section 18, Township 10 South, Range 84 West, 6th P.M., 1175 feet from the East Section Line and 2050 feet from the North Section Line. A map of the pond is on file with the Court as Exhibit “B.” If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir and legal descriptions of each point of diversion: The reservoir will be filled and refilled with the Crystal Lake Pump and Pipeline, which will have a capacity of approximately 150 g.p.m. The point of diversion for the Crystal Lake Pump and Pipeline is located on the North bank of the Roaring Fork River and described in ¶ 3 above. Source: Roaring Fork River, tributary to the Colorado River. Priority date information: Date of appropriation: April 10, 2008. How appropriation was initiated: By formulation of intent to appropriate water, design of the pond and pump and pipeline filling system, engineering calculations, field inspection and site selection. Amount claimed: 8.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir: 0.33 c.f.s. Uses or proposed uses: If irrigation, complete the following: Total number of acres proposed to be irrigated: Approximately 10.0 acres. Legal description of acreage irrigated or to be irrigated: The irrigation will occur within the property described in Exhibit “A,” on file with the Court, partially depicted on the map on file with the Court as Exhibit “B,” and known generally as the Callahan Subdivision. Surface area: Surface area of high water line: 1.5 acres. Total capacity of reservoir: 8.0 acre-feet. Dead storage: 8.0 acre-feet. Name and address of owner 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 place to beneficial use: Diversion point of pump and pipeline and storage structure are located on Applicant’s property. Remarks or any other pertinent information: This water right and the water right described in the first claim above are component parts of an integrated water supply system. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it


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should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 39. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW187 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF C LAZY U RANCH DEVELOPMENT, LLC, IN GRAND COUNTY, COLORADO 1. Name and address of Applicant: C Lazy U Ranch Development, LLC, c/o Triton Investment Company, 1490 Lafayette Street, Suite 404, Denver, Colorado 80218, Copies of all pleadings to: Richard A. Johnson, Stephen C. Larson, Catherine M. Grainger, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304 2. Overview: C Lazy U Ranch Development, LLC (“C Lazy U Development”) owns or will own approximately 674 acres of land, part of which it plans to develop into nine (9) clustered cabin home sites known as the C Lazy U Chimney Rock Cabins (the “Project”). The Project is located north of Granby, Colorado in the Willow Creek drainage. This Project consists of nine (9) 35-acre parcels each with a cabin of between 1,000 and 3,500 square feet and 500 square feet of outside irrigation. Attached hereto as Exhibit A is a legal description and map depicting the site. Applicant seeks enlargement rights for two (2) existing structures (a spring and a pond), and seeks an underground water right for a new structure. C Lazy U Spring No. 4 First Enlargement and Chimney Rock Well No. 1 will be the sources of water supply for the Project’s domestic, irrigation and fire protection uses. Wastewater will be treated and discharged through community septic tank and leach field systems. Out-of-priority depletions will be augmented with Middle Park Water Conservancy District contract water and the C Lazy U Fish Pond No. 2 First Enlargement. I. APPLICATION FOR CONDITIONAL WATER RIGHTS A. C Lazy U Spring No. 4 First Enlargement 3. Name of structure: C Lazy U Spring No. 4 First Enlargement 4. Legal description: SW1/4 NE1/4 of Section 11, Township 2 North, Range 77 West of the 6th P.M., 1,720 feet from the North section line and 1,780 feet from the East section line. 5. Source: The source of the C Lazy U Spring No. 4 First Enlargement is a spring or seepage tributary to Willow Creek which is tributary to the Colorado River. 6. Amount claimed: The amount claimed for the C Lazy U Spring No. 4 First Enlargement is 20 gpm, conditional. 7. Date of appropriation: Applicant claims an appropriation date as of November 18, 2008. The appropriation was initiated by formation of the requisite intent to appropriate, coupled with actions manifesting such intent including, without limitation, engineering work and field inspections of the property. 8. Proposed uses: Domestic, irrigation, and fire protection. The irrigation uses are limited to approximately 500 square feet of lawn and garden areas in the vicinity of each of the nine (9) cabins. The domestic use is to serve the nine (9) cabins. The fire protection use is for the protection of the Project. 9. Name and owner of land upon which structure is located: C Lazy U Spring No. 4 First Enlargement is located on land owned by the Applicant. B. C Lazy U Fish Pond No. 2 First Enlargement 10. Name of structure: C Lazy U Fish Pond No. 2 First Enlargement 11. Legal description of the dam: SE1/4 NE1/4 of Section 3, Township 2 North, Range 77 West of the 6th P.M., 2,050 feet from the North section line and 614 feet from the East section line. This point was described in Case No. W-11 (the original water right associated with this structure) as at a point whence the NE corner of Section 3, Township 2 North, Range 77 West of the 6th P.M. bears North 20° 14’ East a distance of 2,227 feet. 12. Source: The source of C Lazy U Fish Pond No. 2 First Enlargement is spring water, surface run-off and seepage under said pond tributary to Willow Creek which is tributary to the Colorado River. 13. Total capacity and amount claimed: Applicant’s claim for a first enlargement is for 15.77 acre-feet, conditional, with a fill rate of 5.0 cfs. 100% of this capacity is active storage. 14. Date of appropriation: Applicant claims an appropriation date as of November 18, 2008. The appropriation was initiated by formation of the requisite intent to appropriate, coupled with actions manifesting such intent including, without limitation, engineering work and field inspections of the property. 15. Proposed uses: Augmentation, replacement and exchange, fire protection, fish culture, recreation, and stock watering. 16. Surface area and dam information: a. Surface area: 8 acres b. Height of dam: 9.5 feet c. Length of dam: 500 feet 17. Name and owner of land upon which structure is located: C Lazy U Fish Pond No. 2 First Enlargement is located on land owned by C Lazy U Ranch Holdings, LLC (“Holdings”), c/o Triton Investment Company, 1490 Lafayette Street, Suite 404, Denver, CO 80218. Holdings has consented to Applicant’s use of this structure for the purpose of diverting the enlargement right and utilizing the same in its plan for augmentation. Applicant shall provide notice of this Application to Holdings pursuant to C.R.S. § 37-92-302(2)(b)(II). C. Chimney Rock Well No. 1 18. Name of structure: Chimney Rock Well No. 1 19. Legal description: SW1/4 SE1/4 of Section 2, Township 2 North, Range 77 West of the 6th P.M., 334 feet from the South section line and 1,821 feet from the East section line. 20. Source: The source of the Chimney Rock Well No. 1 is groundwater tributary to Willow Creek which is tributary to the Colorado River. 21. Amount claimed: The amount claimed for Chimney Rock Well No. 1 is 40 gpm, conditional. 22. Date of appropriation: Applicant claims an appropriation date as of November 18, 2008. The appropriation was initiated by formation of the requisite intent to appropriate, coupled with actions manifesting such intent including, without limitation, engineering work and field inspections of the property. 23. Proposed uses: Domestic, irrigation, and fire protection. The irrigation uses are limited to approximately 500 square feet of lawn and garden areas in the vicinity of each of the nine (9) cabins. The domestic use is to serve the nine (9) cabins. The fire protection use is for the protection of the Project. 24. Name and owner of land upon which structure is located: Chimney Rock Well No. 1 is located on land owned by Holdings, c/o Triton Investment Company, 1490 Lafayette Street, Suite 404, Denver, CO 80218. Applicant shall


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provide notice of this Application to Holdings pursuant to C.R.S. § 37-92-302(2)(b)(II). II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE The requested plan for augmentation seeks to replace out-of-priority depletions resulting from Applicant’s diversions from the C Lazy U Spring No. 4 First Enlargement and Chimney Rock Well No. 1. Estimated demand and consumptive use figures are set forth below. Under the plan for augmentation, Applicant will replace the out-of-priority depletions with water available to Applicant pursuant to Applicant’s pending contract for Windy Gap Project and Wolford Mountain Reservoir water from the Middle Park Water Conservancy District (“Middle Park Contract”) and/or water stored in C Lazy U Fish Pond No. 2 First Enlargement. 25. Name and description of structures to be augmented: a. C Lazy U Spring No. 4 First Enlargement water right, claimed for 20 gpm, conditional, for domestic, irrigation and fire protection, as more particularly described in Section I.A. above. b. Chimney Rock Well No. 1, claimed for 40 gpm, conditional, for domestic, irrigation and fire protection, as more particularly described in Section I.C. above. 26. Water rights to be used for augmentation: a. Middle Park Water Conservancy District Contract Water. To augment depletions from the augmented structures set forth in paragraphs 25 a. and b. above, Applicant proposes to cause the annual release of up to 0.5 a.f./yr. of water from one or a combination of the following sources under Applicant’s Middle Park Contract: (1) A portion of the 3,000 acre feet produced by the Windy Gap Project and stored in Granby Reservoir pursuant to paragraph 17 of the Agreement concerning the Windy Gap Project and the Azure Reservoir and Power Project dated April 30, 1980, and the Supplement dated March 29, 1985, to the extent that water is available under Applicant’s Middle Park Contract. The Windy Gap Project diverts at a point on the North bank of the Colorado River whence the Northwest corner of Section 25, Township 2 North, Range 77 West of the 6th P.M. bears South 17° 30’ West a distance of 2,380 feet. Granby Reservoir is located on the Colorado River upstream of its confluence with the Fraser River in all or parts of Sections 25, 26, 27, 34, 35, and 36, Township 3 North, Range 76 West; Sections 29, 30, and 32, Township 3 North, Range 75 West; Sections 1, 2, 3, 10, 11, 12, 13, and 15, Township 2 North, Range 76 West; and Sections 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 21, 22, and 23, Township 2 North, Range 75 West, of the 6th P.M., Grand County, Colorado; (2) A portion of Middle Park’s 3,000 acre-foot interest in Wolford Mountain Reservoir pursuant to an agreement between the Colorado River Water Conservation District, the Board of County Commissioners of Grand County and Middle Park dated December 17, 1992. Wolford Mountain Reservoir’s 59,993 acre-feet storage right was adjudicated to the Colorado River Water Conservation District in Case No. 87CW283, by the District Court in and for Water Division No. 5. Wolford Mountain Reservoir is located on Muddy Creek. The dam for Wolford Mountain Reservoir is located in the SW1/4 NE1/4 of Section 25, Township 2 North, Range 81 West of the 6th P.M. The intersection of the dam axis with the right abutment occurs at a point which bears South 54° 54’ 20” East, a distance of 3,716.46 feet from the Northwest corner of said Section 25. Water will be released from these structures to the Colorado River, or as otherwise directed by the Division Engineer, to replace Applicant’s out-of-priority depletions from the augmented structures described in paragraphs 25 a. and b. above. b. C Lazy U Fish Pond No. 2 First Enlargement. In addition to the Middle Park Contract water, Applicant will use water stored in priority under the C Lazy U Fish Pond No. 2 First Enlargement water right described in Section I.B. above to augment depletions from the augmented structures described in paragraphs 25 a. and b. above. 27. Projected demands and depletions: a. Demand. At full build-out, indoor domestic use is expected to require diversions of 3.53 a.f./yr., based upon an assumption of year-round occupancy, although most of the units may likely be occupied for only a portion of the year. Outdoor use for irrigation is expected to require 0.16 a.f./yr., based upon 500 square feet of irrigation per cabin and eighty percent (80%) irrigation efficiency. Total indoor and outdoor demand is expected to be 3.69 a.f./yr. b. Consumptive Use. The consumptive indoor use is projected to be 0.35 a.f./yr., based upon an in-house consumptive use of ten percent (10%) through septic system/leach field treatment. The consumptive outdoor use is projected to be 0.13 a.f./yr., based upon a consumptive use factor of eighty percent (80%) of demand. Thus, total consumptive use is projected to be 0.48 a.f./yr. Applicant expressly reserves the right to change the mix of uses described herein so long as the total Project depletions do not exceed available augmentation water. 28. Statement of plan for augmentation: For the purpose of evaluating the amount of water needed to operate the augmentation plan, the entire 0.48 a.f. of annual Project depletions are assumed to be out-of-priority. In cooperation with the water commissioner, the Applicant shall replace all out-of-priority depletions from the water rights described in paragraphs 25 a. and b. above with releases of Middle Park Contract water, as described in paragraph 26 a. above, and/or with water stored in the C Lazy U Fish Pond No. 2 First Enlargement, as described in paragraph 26 b. above. Applicant will install measuring devices and implement such accounting procedures as may be reasonably required by the Division Engineer to ensure that out of priority depletions are fully replaced in amount, timing and location under this plan. Applicant shall file an annual report with the Division Engineer by November 15th of each year summarizing diversions and replacements at least monthly under this plan. Pursuant to C.R.S. § 37-92-305(8), the State Engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 29. Appropriative rights of exchange: To the extent that Applicant’s augmentation obligations may be met at the confluence of the Colorado River and Willow Creek (the “Willow Creek Exchange”), or the confluence of the Colorado River and Muddy Creek (the “Colorado River Exchange”), the Middle Park Water Conservancy District may release water from the Windy Gap Project (Granby Reservoir) or Wolford Mountain Reservoir under Applicant’s contract in order to replace Applicant’s out-of-priority depletions by exchange. Applicant will operate the following requested exchange only at such times when deliveries of water at such point will satisfy the downstream call requiring operation of this plan for augmentation: a. Exchange Reaches: (1) Willow Creek Exchange: From the Willow Creek confluence with the Colorado River in the SE 1/4 NW 1/4, Section 21, Township 2 North, Range 76 West of the 6th P.M. upstream on Willow Creek to the point of depletion located within the NE 1/4 NE 1/4, Section 11, Township 2 North, Range 77 West of the 6th P.M. (2) Colorado River Exchange: From the Muddy Creek confluence with the Colorado River


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in the NW 1/4 NE 1/4, Section 19, Township 1 North, Range 80 West of the 6th P.M. to the Willow Creek confluence with the Colorado River in the SE 1/4 NW 1/4, Section 21, Township 2 North, Range 76 West of the 6th P.M., and then upstream on Willow Creek to the point of depletion located within the NE 1/4 NE 1/4, Section 11, Township 2 North, Range 77 West of the 6th P.M. b. Exchange Rate: up to 0.00109 cfs (0.489 gpm). c. Date of Appropriation: November 18, 2008. Appropriation was initiated by the formation of requisite intent to appropriate, coupled with actions manifesting such intent, including, without limitation, engineering work and field inspection of the property. WHEREFORE, Applicant, C Lazy U Ranch Development, LLC, requests that this Court enter a judgment and decree which provides as follows: (i) Grants the application for conditional water rights described in Section I above; (ii) Approves the plan for augmentation including appropriative rights of exchange described in Section II above; and (iii) Finds that as a result of Applicant’s requested water rights and plan for augmentation including exchange there will be no injury to any owner, or person entitled to use water under a vested water right or decreed conditional water right. (10 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 40. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW188 EAGLE COUNTY. Savoy Gulch, tributary to the Roaring Fork River. Janet and George Lapin, c/o Kevin L. Patrick, Esq., Patrick, Miller & Kropf, P.C., 730 East Durant St., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR SURFACE WATER RIGHT AND APPROPRIATIVE EXCHANGE. First Claim: Name of structure: CG Ditch. Legal description for the point of diversion for CG Ditch: The headgate location is in Eagle County, NW ¼ of the SE ¼, Section 9, Township 85 South, Range 87 West, of the 6th P.M. at a distance of 1800 feet from the East section line and 1350 feet from the South section line. Source (tributary and river): Savoy Gulch, tributary to the Roaring Fork River. Date of Appropriation: August 16, 2004. How appropriation was initiated: By field inspection, physical improvements, and formulation of intent to apply water to beneficial use. Amount claimed: 0.50 c.f.s., conditional, for irrigation including temporary storage within an irrigation control structure. 0.15 c.f.s., conditional for the filling of storage for subsequent aesthetic, piscatorial, wildlife propagation, fire protection, recreation, and stockwatering uses. Use or proposed use: Irrigation, the filling of an irrigation control structure, and subsequent use within storage for fire protection, aesthetic, piscatorial, wildlife propagation, recreation and stockwatering uses. If irrigation, complete the following: Number of acres historically irrigated: 10 acres under the Vinyard Lateral Ditch; the subject application seeks to provide supplemental irrigation to the same land. Total number of acres proposed to be irrigated: 10. The legal description of the land irrigated: NE1/4, NE1/4, Section 9, Township 8 South, Range 87 West, 6th P.M, and S1/2, SE1/4, Section 4, Township 8 South, Range 87 West, 6th P.M, in Eagle County. The name and address of owner of the land upon which any new diversion or storage structure, or modification to any existing or diversion or storage structure is or will be constructed or upon which water is or will be or stored, including any modification to the existing pool: Applicant. Remarks or any other pertinent information: The subject application will provide supplemental irrigation for the same 10 acres of pasture. Second Claim: Claim for appropriative right of exchange: The exchange reach claimed is from the confluence of Savoy Gulch and the Roaring Fork River to the headgate of the CG Ditch described herein. The water which is the subject of this exchange is water released under applicant’s Basalt Water Conservancy District water allotment contract, in the amount of 0.223 c.f.s. The appropriation date for this exchange is October 10, 2006. The steps taken to initiate this appropriative exchange are physical acts in the field within the exchange reach and the securing of an Allotment Contract with the Basalt Water Conservancy District. Third Claim: Claim for appropriative right of exchange: The exchange reach claimed is from the headgates of the water rights belonging to the Basalt Water Conservancy District, which are contracted and allotted for use by Applicants pursuant to BWCD Allotment Contract No. 503, to the CG Ditch headgate. The water rights which are now owned and controlled by Basalt Water Conservancy District and for which the Allotment Contract allows the limited use thereof are described in Exhibit “A” on file with the Court. The water which is the subject of this exchange is water released under applicant’s Basalt Water Conservancy District water allotment contract, in the amount of 0.223 c.f.s. and a description of the rights being exchanged as set forth in Exhibit “A” on file with the Court. The appropriation date for this exchange is October 10, 2006. The steps taken to initiate this appropriative exchange are physical acts in the field within the exchange reach and the securing of an Allotment Contract with the Basalt Water Conservancy District. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


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41. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW189 EAGLE COUNTY, Antelope Creek, Eagle River. Iva Laman, c/o Scott Balcomb, Esq., and Scott A. Grosscup, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. APPLICATION FOR SURFACE WATER RIGHT. Name of Structure: Spruce Grove Ditch. Legal Description: Headgate of ditch is located on the east bank of Antelope Creek, at a point 50 yards NW from North Corner, Section 2, Township 2 Range 84 West of the 6th P.M. Source: Antelope Creek. Use: Irrigation, stockwater – irrigation use up to 75 acres located in Tract 38 of Section 2, Township 2 N., Range 84 W., of the 6th P.M. as shown in Exhibit A attached to the Application and described as Parcel Number 1687-022-00-003, by the Eagle County Assessor. Appropriation Date: June 1, 1975. How appropriation initiated: diversion and application of water to beneficial use. Date water applied to beneficial use: June 1, 1975. Amount claimed: 1.6 c.f.s. Name of owner of the land upon which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 42. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW190 - GRAND COUNTY, CONCERNING THE APPLICATION FOR WATER RIGHTS OF: GRAND CREEK RANCH, LLC, AND JOHN K. COORS AND SHARNA L. COORS. 1. Applicants: Grand Creek Ranch, LLC, and John K. Coors and Sharna L. Coors, 34386 Ranchero Road, Evergreen, CO, 80439. All pleadings should be directed to: Zach C. Miller and Steven E. Marlin, Davis Graham & Stubbs LLP, 1550 17th Street, Suite 500, Denver, CO 80201-0185, 303-892-9400. 2. Name of Structure: Bohm Ditch No. 2. 3. Legal Description of Point of Diversion: Water is diverted into the Bohm Ditch at the Long Park Creek headgate, which is located in the streambed of Long Park Creek at a point on the East line of SW1/4, SE1/4, Section 17, Township 1 South, Range 78 West, of the 6th P.M., in Grand County, Colorado. 4. Source: Long Park Creek, a tributary of Williams Fork of the Colorado River. 5. Date and Method of Appropriation and Application to Beneficial Use: A. Date of Initiation of Appropriation: June 1, 2007. B. Method of Appropriation: Formation of intent to appropriate together with overt acts demonstrating completion of the appropriation, including initiation of actions to refurbish the Long Park Creek headgate and to repair, maintain and test the Bohm Ditch, and actual diversion of direct flow surface water at the headgate into Bohm Ditch. C. Date of Application to Beneficial Use: May 7, 2008. 6. Amount Claimed: The senior Bohm Ditch water right was originally decreed as Priority No. 169 by the Grand County District Court in Case No. CA0183 on August 8, 1911, with an appropriation date of June 8, 1887, for a flow rate not to exceed 1.25 cubic feet per second (cfs). The senior Bohm Ditch water right is currently the subject of proceedings initiated by Applicants on November 30, 2007 in Case No. 07CW215, Water Division No. 5, to protest the Division Engineer’s listing of Bohm Ditch on the December 31, 2001 Revised Abandoned List for Division 5. Applicant expects that matter to be favorably resolved and that the senior Bohm Ditch right will be confirmed to be in full force and effect, but that matter remains pending at this time. On May 7, 2008, Applicant diverted at the Long Park Creek headgate into Bohm Ditch, surface water at a flow rate of 2.61 cfs for irrigation of the adjacent lands. This Application seeks a decree from the Water Court in this matter confirming the following water right as the Bohm Ditch No. 2 water right, depending on the outcome of Case No. 07CW215: (a) appropriation of surface water into Bohm Ditch at the flow rate of 1.36 cfs as a new junior water right, in the event the Water Court in Case No. 07CW215 determines the senior Bohm Ditch water right has not been abandoned and remains in full force and effect; or, in the alternative, (b) appropriation of surface water into Bohm Ditch at the flow rate of 2.61 cfs as a new junior water right, in the event the Water Court in Case No. 07CW215 determines that the senior Bohn Ditch water right has been abandoned. 7. Use or Proposed Use: Irrigation of 50 acres, located in SW1/4, NE1/4 of Section 17, Township 1 South, Range 78 West, 6th P.M., as well as stock, domestic, wildlife, recreation, fire protection, and dust control. Applicants seek the right to fully consume such water, whether by direct use, storage and subsequent release, successive use, further exchange or disposition. 8. Names and Addresses of Owners of Land on Which Point of Diversion Will Be Located: Tax Parcel No.: 159317200087. Record Owner: Grand Creek Ranch, LLC, P.O. Box 745214, Arvada, CO 80006-5214. 9. Additional Information: See Application for Surface Water Right for additional details (4 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate 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


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prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 43. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW191 GRAND COUNTY. GROUND WATER TRIBUTARY TO THE FRASER RIVER. Cornerstone Winter Park Holdings, LLCand Rendezvous Colorado, LLC, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq., and William M. Stenzel, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. Name of structures: Rendezvous Well Field No. 1, Rendezvous Well Field No. 2, Rendezvous Well Field No. 3. Description of decreed conditional water rights: Date of original Decree: December 31, 2002. Case No. 00CW294, District Court, Water Division No. 5. Legal descriptions: Rendezvous Well Field No. 1: A parcel of land located in the S½ SW¼ of Sec. 20, the SW ¼ of Sec. 21, the NW¼ of Sec. 28, and the NE ¼ of Sec. 29 all in T. 1 S, R. 75 W of the 6th P.M., Town of Fraser, Grand County, State of Colorado, and all lying northerly and easterly of the U.S. Hwy. 40 right of way. Rendezvous Well Field No. 2: A parcel of land located in the S½ SW¼ Sec. 20, the SE¼ of Sec. 20, the NW¼ of Sec. 28, the SW¼ of Sec. 28, the N½ of Sec. 29, and NE¼ NE¼ of Sec. 29 all in T. 1 S, R. 75 W of the 6th P.M., Town of Fraser, Grand County, State of Colorado, and all lying southerly and westerly of U.S. Hwy. 40 right of way. Rendezvous Well Field No. 3: A parcel of land located in the S½ SW¼ of Sec. 20 and the N½ NW¼ of Sec. 29 in T. 1 S, R. 75 W of the 6th P.M., Town of Fraser, Grand County Colorado, and all lying southerly and westerly of U.S. Hwy. 40 right of way. The Well Fields are more specifically depicted and described, including Well Construction Reports and Statements of Beneficial Use in Exhibits “A” – “E,” all on file with the Court. Note on legal descriptions: In the final decree to Case No. 00CW294, District Court, Water Division 5, the legal descriptions for the Rendezvous Well Field No. 1 and Rendezvous Well Field No. 3 were inadvertently swapped, i.e. the structure name Rendezvous Well Field No. 1 was followed by the legal description for the Rendezvous Well Field No. 3 and vice versa. Because both legal descriptions were included, notice is not at issue from the previous decree. The three well fields described above are now associated with the correct legal descriptions. Acreage of land to be irrigated: Under the decree, up to 17.0 acres may be irrigated (cumulatively from all wells located in Rendezvous Well Fields Nos. 1-3) generally within sections 20, 21, 28, 29 and 30 of Township 1 South, Range 75 West of the 6th P.M. all in Grand County. Source for well fields: Troublesome Formation, tributary to the Fraser River. Appropriation date for well fields and all wells within the well fields: April 6, 1999 (Decree date in Case No. 98CW041). Amount claimed for well fields: The cumulative amount of water to be withdrawn from all three of the well fields, and including amounts withdrawn under the decree in Case No. 99CW313, will not exceed 892.4 acre-feet, 1600 gpm or 3.57 cfs, conditional, as specified in the Plan for Augmentation decreed in Case No. 98CW041. The amount tentatively claimed for each well within the well fields is up to 0.56 cfs (250 gpm, 400 acre-feet per year), conditional. Use for all well fields: Domestic, irrigation, commercial, municipal, and fire protection purposes. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures: During the diligence period, the previous owner and the Applicants have performed a variety of activities and spent thousands of dollars in diligent development of the conditional water rights referenced herein, with specific actions described in Exhibit “G,” on file with the Court. The following water rights were applied to beneficial use, and a portion of Rendezvous Well Field No. 1 is hereby requested to be made absolute: Rendezvous Well Field No. 1. Maryvale Well No. 1. Date: October 1, 2002. Amount: 0.19 c.f.s. (85 g.p.m) claimed absolute. Use: Domestic, irrigation, and commercial purposes. Depth: 282 feet. Other: The Maryvale Well No. 1 is the subject of a separate Application filed by the Applicants of even date herewith. Out of priority depletions from the wells shall be augmented as provided for in Case No. 98CW41, and any amendments thereto. Maryvale Well No. 4. Date: October 1, 2002. Amount: 0.09 c.f.s. (40 g.p.m.) claimed absolute. Use: Domestic, irrigation, and commercial purposes. Depth: 200 feet. Location: The well is located in the SE¼ NW¼ of Sec. 28, T. 1 S, R. 75 W of the 6th P.M. at a point 1,890 feet from the North Section Line and 1,630 feet from the West Section Line. Maryvale Well No. 5. Date: October 1, 2002. Amount: 0.34 c.f.s. (150 g.p.m.) claimed absolute. Use: Domestic, irrigation, and commercial purposes. Depth: 276 feet. Location: The well is located in the SE¼ NW¼ of Sec. 28, T. 1 South, R. 75 W of the 6th P.M. at a point 1,675 feet from the North Section Line and 788 feet from the West Section Line. Maryvale Well No. 7. Date: October 1, 2002. Amount: 0.19 c.f.s. (85 g.p.m.) claimed absolute.Use: Domestic, irrigation, and commercial purposes. Depth: 280 feet. Location: The well is located in the NW¼ NW¼ of Sec. 28, T. 1 S, R. 75 W of the 6th P.M. at a point 1,250 feet from the North Section Line and 1,000 feet from the West Section Line. A total of 0.81 c.f.s. of 3.57 c.f.s. decreed for Rendezvous Well Fields is requested to be made absolute. The remaining 2.76 c.f.s. is requested to remain conditional. Description of place of use where water is applied to beneficial use: The water rights described in this application are being beneficially used on the property depicted in Exhibit “F,” on file with the Court,which lands are all annexed to the Town of Fraser. The municipal use of the subject wells is made in the Town of Fraser for the Applicants’ developments pursuant to conveyance of an interest in and to a portion of the water produced from these wells. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The constructed wells are located in Rendezvous Well Field No. 1, which is on property owned by Rendezvous Colorado, LLC. Beneficial use is in Rendezvous and Cornerstone developments within the Town of Fraser. Remarks: The subject water rights are component parts of an integrated water supply plan. Maryvale Well Nos. 1, 4, 5, and 7 described herein are four of the large capacity wells referenced in Case No. 98CW041. The wells are within the boundaries of the


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Rendezvous Well Field No. 1 and are four of the sixteen (16) large capacity wells augmented under the decree in Case No. 98CW041. (46 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 44. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW192 GRAND COUNTY. GROUND WATER TRIBUTARY TO THE FRASER RIVER. Cornerstone Winter Park Holdings, LLC and Rendezvous Colorado, LLC, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq., and William M. Stenzel, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. Name of structures: Maryvale Well No. 1, Maryvale Well No. 2, Maryvale Well No. 3. Description of decreed conditional water rights: Date of original Decree: December 31, 2002. Case No. 99CW313, District Court, Water Division No. 5. Legal descriptions: Maryvale Well No. 1: Located in the SE¼, NW¼, Sec. 28, T. 1 South, R. 75 West of the 6th P.M. at a point whence the NW corner of said Sec. 28 bears North 39°40’44” West, a distance of 2,442 feet (1,849 feet from the North Sec. Line and 1,554 feet from the West Sec. Line). Maryvale Well No. 2: Located in the NE¼, NE¼, Sec. 29, T. 1 South, R. 75 West of the 6th P.M., at a point whence the NE corner of said Sec. 29 bears North 86°5’13” East, a distance of 1,270 feet (51 feet from the North Sec. Line and 1,264 feet from the East Sec. Line). Maryvale Well No. 3: Located in the SW¼ SE¼, Sec. 20, T. 1 South, R. 75 West of the 6th P.M., at a point whence the SE corner of said Sec. 20 bears South 74°28’53” East a distance of 2,688 feet (751 feet from the South Sec. Line and 2,585 feet from the East Sec. Line). Acreage of land to be irrigated: The original decree provided that up to 17 acres may be irrigated cumulatively from the Maryvale Wells Nos. 1-3 and the Rendezvous Well Fields Nos. 1-3 decreed in Case No. 00CW294, generally within sections 20, 21, 28, 29 and 30 of Township 1 South, Range 75 West of the 6th P.M., all in Grand County.. Source: Troublesome Formation, tributary to the Fraser River. Appropriation dates: Maryvale Well No 1: November 17, 1999. Maryvale Well Nos. 2 & 3: February 24, 1986. Amount decreed for each well: 0.5 cfs (225 g.p.m, 360 acre-feet annually), conditional. Not withstanding the amounts claimed per well, the maximum cumulative diversions from all wells in this decree shall not exceed 892.4 acre-feet (1600 g.p.m or 3.57 c.f.s), as specified in the plan for augmentation decreed in Case No. 98CW041. Use for all wells: Domestic, irrigation, commercial, industrial, municipal, stock watering, and fire protection purposes. Depth: Maryvale Well No. 1, 282 feet. For Maryvale Wells Nos. 2-3, N/A. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures: During the diligence period, the previous owner and the Applicants have performed a variety of activities and spent thousands of dollars in diligent development of the conditional water rights referenced herein, with specific actions as described more specifically in Exhibit “C,” on file with the Court. Following water right was applied to beneficial use, and hereby requested to be made absolute: Maryvale Well No. 1. Date: October 1, 2002. Amount: 0.19 c.f.s. (85 g.p.m), absolute (0.31 c.f.s. remaining conditional). Use: Domestic, irrigation, and commercial purposes. Other: This well was drilled and completed to a depth of 282 feet within 200 feet of its decreed location, specifically in the SE1¼ NW¼, Sec. 28, T. 1 South, R. 75 West of the 6th P.M., 1,836 from the North Sec. Line and 1,534 feet from the West Sec. Line. Description of place of use where water is applied to beneficial use: Domestic water supply, irrigation and commercial use associated with the development within the annexed Cornerstone and Rendezvous properties depicted in Exhibit “B” on file with the Court. The municipal use of the Maryvale Well No. 1 is made in the Town of Fraser for the Applicants’ developments pursuant to conveyance of an interest in and to a portion of the water produced from this well. The following rights are claimed to remain as conditional water rights: Maryvale Well No. 1: 0.31 c.f.s., conditional, Maryvale Well No. 2: 0.5 c.f.s. conditional, Maryvale Well No. 3: 0.5 c.f.s., conditional. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The three wells are located on lands owned by Rendezvous Colorado, LLC and/or the Town of Fraser. Water is beneficially used for the development of lands owned by Applicants. Remarks: The subject water rights are component parts of an integrated water supply plan. The above described wells are three of the large capacity wells referenced in Case No. 98CW041. The wells are within the boundaries of the Rendezvous Well Fields and are also three of the sixteen (16) large capacity wells to augmented under the conditions of the decree in Case No. 98CW041. (16 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


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45. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW193 GRAND COUNTY. VASQUEZ AND LELAND CREEKS, TRIBUTARY TO THE FRASER RIVER. Cornerstone Winter Park Holdings, LLC,, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq., and William M. Stenzel, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. Name of structures: Cozens Ditch, First Enlargement, Cozens Ditch Extension. Description of decreed conditional water rights: Date of original Decree: December 31, 2002. Case No. 99CW314, District Court, Water Division No. 5. Legal descriptions: Cozens Ditch, First Enlargement: The headgate of said structure is located on the west bank of Vasquez Creek within the SE¼ NW¼, Sec. 33 T. 1 South, R. 75 West of the 6th P.M. at a point whence the NW corner of said Sec. 33 bears North 57°33’17” West a distance of 2,408 feet (1,280 feet from the North Section Line and 1,998 feet from the West Section Line). Cozens Ditch Extension: The point of diversion is located at a point where the Cozens Ditch and Leland Creek intersect. The diversion point is located within the NE¼, SE¼, Sec. 29, T. 1 South, R. 75 West of the 6th P.M. at a point whence the NE corner of said Sect. 29 bears North 0°6’27” East a distance of 2,883 feet (2,342 feet from the South Section Line and 42 feet from the West Section Line). Note on legal descriptions: In the final decree to Case No. 99CW314, District Court, Water Division 5, the legal descriptions for the Cozens Ditch Extension includes a typographical error. This error was to include the word “where” rather than “whence.” This error has been corrected in this Application and distances from section lines provided in addition to this previous description. Because the location of the Cozens Ditch Extension could be accurately plotted from the included legal description, notice is not at issue from the previous case. Sources: Cozens Ditch, First Enlargement: Vasquez Creek, tributary to the Fraser River. Cozens Ditch Extension: Leland Creek, tributary to the Fraser River. Appropriation date: December 23, 1999. Amount claimed: Cozens Ditch, First Enlargement: 3.1 cfs, conditional. Cozens Ditch Extension: 1.5 cfs, conditional. Uses or proposed uses: Domestic, irrigation, commercial, industrial, stock watering, fire protection and storage in Maryvale storage reservoirs decreed in Case No. 99CW315. These water rights will be used to supplement irrigation of up to 125 acres of lawn, open space and golf course located on Applicant’s property within Secs. 20, 21, 28, and 29 of T. 1 South, R. 75 West of the 6th P.M. Applicant recognizes that the plan for augmentation in Case No. 98CW41 provides augmentation for up to 17 acres of irrigated land. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures: During the diligence period, the previous owner and the Applicant have performed a variety of activities and spent thousands of dollars in diligent development of the conditional water rights referenced herein, with specific actions described in Exhibit “B” on file with the court. Name and address of owner of land on which the point of diversions structure is located is: Town of Winter Park, P.O. Box 3327, Winter Park, CO 80482; the name and address of the owner of the land upon which is or will be stored and where water is or will be placed to beneficial use: Applicant. Remarks: The subject water rights are decreed as component parts of an integrated water supply plan. In addition to the direct flow purposes claimed for the Cozens Ditch, First Enlargement, and Cozens Ditch Extension, these water rights will be used in priority to provide an integrated supply for the storage sites applied for in Case No. 99CW315. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 46. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW194 GRAND COUNTY. VASQUEZ AND LELAND CREEKS, TRIBUTARY TO THE FRASER RIVER. Cornerstone Winter Park Holdings, LLC and Rendezvous Colorado, LLC, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq., and William M. Stenzel, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. Name of structures: Maryvale K-1a Reservoir, Maryvale K-1b Reservoir, Maryvale K-2 Reservoir, Maryvale J-2 Reservoir, Maryvale J-3 Reservoir, Maryvale E-F Reservoir, MR-1 Reservoir, MR-2 Reservoir, MR-3 Reservoir, MR-4 Reservoir. Decreed conditional water rights: Date of original Decree: December 31, 2002. Case No. 99CW315. Court: District Court, Water Division No. 5. Decreed legal descriptions: Maryvale K-1a Reservoir: NW¼, NE¼, Sec. 29, T. 1 South, R. 75 West, 6th P.M. Maryvale K-1b Reservoir: NE¼, NE¼, Sec. 29, T. 1 South, R. 75 West, 6th P.M. Maryvale K-2 Reservoir: NE¼ NE¼ and SE¼ NE¼, Sec. 29, T. 1 South, R. 75 West, 6th P.M. Maryvale J-2 Reservoir: NE¼ NE¼, Sec. 29 and NW¼ NW¼, Sec. 28, T. 1 South, R. 75 West, 6th P.M. Maryvale J-3 Reservoir: NW¼ NW¼, and SW¼ NW¼, Sec. 28, T. 1 South, R. 75 West, 6th P.M. Maryvale E-F Reservoir: SE¼ NW¼ Sec. 28, T. 1 South, R. 75 West, 6th P.M. MR-1 Reservoir: SE¼ NE¼, Sec. 29, T. 1 South, R. 75 West of the 6th P.M. MR-2 Reservoir: SE¼ NE¼, Sec. 29, T. 1 South, R. 75 West of the 6th P.M. MR-3 Reservoir: SW¼ NE¼, Section 29, T. 1 South, R. 75 West of the 6th P.M. MR-4 Reservoir: NW¼ NE¼, Sec. 29, T. 1 South, R. 75 West of the 6th P.M. Co-Applicant Cornerstone Winter Park Holdings, LLC (“Cornerstone”) has constructed, but not yet filled, five of the above reservoirs. These five reservoirs have been constructed greater than 200 feet from their decreed


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locations, and in two cases in different configurations than as originally decreed. A decree correcting the locations of these reservoirs will be sought prior to applying to make any of the storage rights claimed herein absolute. Decreed sources: Maryvale K-1a, Maryvale K-1b, Maryvale K-2, Maryvale J-2, Maryvale J-3, and Maryvale E-F Reservoir: These reservoirs will be filled via deliveries from Cozens Ditch, via Vasquez Creek, tributary to the Fraser River, or from the Fraser River, as identified in the plan for augmentation decreed in Case No. 98CW041; or by deliveries from the water rights decreed in Case No. 99CW314, specifically the Cozens Ditch, First Enlargement and the Cozens Ditch Extension. MR-1, MR-2, MR-3 and MR-4 Reservoirs: These reservoirs will be filled via deliveries from Vasquez Creek and Leland Creek, via the water rights decreed in Case No. 99CW314, specifically the Cozens Ditch, First Enlargement and the Cozens Ditch Extension. Decreed appropriation dates: Maryvale K1-a, Maryvale K-1b, Maryvale K-2, Maryvale J-2, Maryvale J-3, and Maryvale E-F Reservoir: September 26, 1986. MR-1, MR-2, MR-3 and MR-4 Reservoirs: December 31, 1999. Amounts decreed and conditional amounts claimed: Maryvale K-1a Reservoir: 7.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. Maryvale K-1b Reservoir: 5.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. Maryvale K-2 Reservoir: 10.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. Maryvale J-2 Reservoir: 2.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. Maryvale J-3 Reservoir: 6.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. Maryvale E-F Reservoir: 6.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. MR-1 Reservoir: 10.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. MR-2 Reservoir: 10.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. MR-3 Reservoir: 10.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. MR-4 Reservoir: 10.0 acre feet, conditional, with the right to fill and refill when water is physically and legally available. Decreed uses: Irrigation, aesthetic, piscatorial, recreation, municipal, commercial, industrial, and for augmentation and exchange purposes. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures: During the diligence period, the Applicants performed a variety of activities and spent thousands of dollars in diligent development of the conditional water rights referenced herein, with specific actions described in Exhibit “C,” on file with the court. Applicants own the land on which the points of diversion for structures are located and upon which the water is or will be stored, and where water is or will be placed to beneficial use. Remarks: The subject water rights are component parts of an overall integrated water supply plan. The municipal use of the subject reservoirs is made by the Town of Fraser pursuant to conveyance of an interest in and to a potion of the water produced from the reservoirs. The Maryvale K-1a Reservoir, Maryvale K-1b Reservoir, Maryvale K-2 Reservoir, Maryvale J-2 Reservoir, Maryvale J-3 Reservoir, and Maryvale E-F Reservoir will be filled by direct flow, or storage of consumptive use credits, as decreed in the plan for Augmentation, Case No. 98CW41. In addition, all of the storage reservoirs described above will be filled in priority from the Cozens Ditch, Cozens Ditch, First Enlargement and Cozens Ditch Extension. (14 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 47. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW195 ROARING FORK RIVER, GARFIELD COUNTY. Application to Make Conditional Water Right Absolute or for Findings of Reasonable Diligence. The Town of Carbondale, c/o Mark E. Hamilton, Esq., HOLLAND & HART LLP, 600 E. Main St., Suite 104, Aspen, CO 81611, 970-925-3476, [email protected]. Name of structure: Town of Carbondale Rodeo Well No. 1. Prior decree information: 02CW76, Water Division No. 5, 12/02/2002. Location: SW¼ SE¼ Sec. 35, T. 7 S., R. 88 W. of the 6th P.M., Garfield County, at a point 921 ft from the S. line and 1842 ft from the E. line of said Sec. 35. Source: groundwater trib. to Roaring Fork Riv. Depth: approx. 75 ft. Uses: livestock watering, municipal, recreational, irrigation and domestic. Amount: 10 g.p.m., absolute, for livestock watering; 35 g.p.m., conditional, for all other uses. Approp. dates: 11/26/1969 (stock uses), 07/05/1991 (all other uses). Owner of land upon which well is located: Town of Carbondale, 511 Colorado Avenue, Carbondale, CO 81623. This well serves the Gus Darien Riding Arena property owned by the Town of Carbondale off of County Road 100, which property is used to host the Carbondale rodeo series each summer and for an outdoor ice rink in the winter. Within the past 6 years, the well has been re-drilled and used for all decreed purposes. The Town seeks confirmation that all conditional rights and uses have been made absolute or that any remaining conditional amounts or uses be continued for an additional diligence period. A detailed outline of activity during the most recent diligence period is included in the Application. (5 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it

mailto:[email protected]


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should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 48. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW196 GARFIELD COUNTY - Colorado River; #13 Enterprises, L.L.C., c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, Colorado 81506; AMENDED APPLICATION FOR STORAGE RIGHTS, CHANGE OF WATER RIGHTS, APPROPRIATIVE RIGHT OF EXCHANGE AND REQUEST FOR APPROVAL OF PLAN FOR AUMENTATION; I. GENERAL INFORMATION: 1. Name, Address, and Telephone Numbers of Applicant: #13 Enterprises, L.L.C., P.O. Box 88, DeBeque, Colorado 81630, (970) 238-9420; 2. Introduction: Applicant owns property adjoining Kimball Creek and seeks to implement a restoration plan to repair damage caused by erosion and to improve habitat for native trout. In connection with that restoration plan, Applicant seeks to construct ten on-channel grade control structures. Additionally, Applicant plans to construct eight off-channel ponds. This Application requests storage rights for each of those ponds. In connection with the eight off-channel ponds, Applicant seeks to change a portion of its irrigation rights in the Kimball Ditch to include augmentation, pond filling, and replacement of evaporation. Even with that change of water rights, evaporative depletions will occur during periods of downstream senior call. Therefore, an augmentation plan is proposed which will utilize water pumped from the High Lonesome Augmentation Well No. 1 to address downstream senior calls on Roan Creek. Downstream calls on the mainstem of the Colorado River will be addressed through water supply contracts for reservoir releases from Ruedi Reservoir or Wolford Reservoir. Finally, an appropriative right of exchange is requested from the confluence of Roan Creek and the Colorado River to the highest point of depletion augmented under this plan; II. APPLICATION FOR STORAGE RIGHTS (Kimball Creek Ranch Ponds A - H): 3. Name of reservoirs: Kimball Creek Ranch Ponds A - H; 4. Legal description: The Kimball Creek Ranch Ponds A – H are off-channel ponds located in the Roan Creek drainage tributary to the Colorado River in Water Division 5, former Water District 70, in Garfield County. The PLSS locations of the structures are (all in 6th Principal Meridian):

Pond Name Q40 Q160 Section Township/ Range Distance N/S Distance E/W

A SW SW 18 T7S R98W 1255 S 608 W B NE SE 13 T7S R99W 1755 S 871 E

C NW SW 13 T7S R99W 2408 S 1063 W

D SW NW 13 T7S R99W 3222 S 517 W E SW NE 14 T7S R99W 2988 S 57 W F SE NE 14 T7S R99W 3192 S 41 E G SE NE 15 T7S R99W 3591 S 1064 E H NE SE 9 T7S R98W 1876 S 910 E

A. If off-channel, name and capacity of ditches used to fill structure:

Pond Name Fill Rate (cfs) Structure(s) Used To Fill Pond Structure Capacity

A 0.5 A V and D Alternate No. 2 4

B 0.5 Frashier Ditch 5.7 Caughman Ditch 5.7

C 0.5 A V and D Alternate No. 1 5.9 Kimball Ditch 3.3

D 0.5 A V and D Alternate No. 1 5.9 Kimball Ditch 3.3

E 0.5 Kimball Ditch 3.3 F 0.5 Kimball Ditch 3.3 G 0.5 Cataract Ditch 8

H 1.0 H V C and S Ditch 15 Pond H Feeder Ditch 1.0


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5. Source: Kimball Creek (Ponds A-H) and Roan Creek (Pond H) via the following structures, all located as follows (in the Sixth Principal Meridian):

Pond Name Structure(s) Used To Fill Pond Section Township/

Range Dist. N/S Dist. E/W

A A V and D Alternate No. 2 NE4/ SE4 Sec 13 T7S R99W 1348 S 519 E

B Frashier Ditch SE/4 NE/4 Sec 14 T7S R99W 1732 N 215 E Caughman Ditch SW/4 SE/4 Sec 13 T7S R99W 1068 S 1648 E

C A V and D Alternate No. 1 SE/4 NE/4 Sec 15 T7S R99W 1738 N 228 E Kimball Ditch SE/4 NE/4 Sec 15 T7S R99W 1738 N 228 E

D A V and D Alternate No. 1 SE/4 NE/4 Sec 15 T7S R99W 1738 N 228 E Kimball Ditch SE/4 NE/4 Sec 15 T7S R99W 1738 N 228 E

E Kimball Ditch SE/4 NE/4 Sec 15 T7S R99W 1738 N 228 E F Kimball Ditch SE/4 NE/4 Sec 15 T7S R99W 1738 N 228 E G Cataract Ditch NW/4 NE/4 Sec 15 T7S R99W 951 N 2041 E

H H V C and S Ditch NE/4 SE/4 Sec 32 T6S R98W 2202 S 1289 E Pond H Feeder Ditch NE/4 SE/4 T7S R98W 1876 S 910 E

6. A. Date of appropriation: September 26, 2008; B. How appropriation initiated: By development of plans, site investigation, and by development of intent to appropriate; 7. Amount claimed, surface areas, capacity figures, and dam dimensions: All amounts claimed for Kimball Creek Ranch Ponds A – H are conditional.

Pond Name


Total Capacity (acre-feet)

Active Capacity (acre-feet)

Dead Storage (acre-feet)

Embankment Length (feet) Embankment Height (feet)

A 1.5 9 1 8 240 <10 B 4.0 24 22 2 700 <10 C 4.5 27 25 2 700 <10 D 1.5 9 1 8 450 <10 E 0.5 3 0.5 2.5 250 <10 F 0.8 4.5 0.5 4 400 <10 G 3.3 19.5 17.5 2 600 <10 H 7.0 70 70 3 600 <10 Total 23.0 166 137.5 28.5

8. Use: For Ponds A – H: Piscatorial, recreation, irrigation, wildlife habitat along pond banks, wetlands creation along pond banks. For Ponds B, C, D, F, G, and H: Augmentation in addition to other claimed uses; III. APPLICATION FOR STORAGE RIGHTS (Kimball Creek Ranch Sedimentation Dams 1-10): 9. Name of reservoirs: Kimball Creek Ranch Sedimentation Dams 1-10.; 10. Legal description: The Kimball Creek Ranch Sedimentation Dams 1 - 10 are on-channel ponds on Kimball Creek, tributary to Roan Creek, tributary to the Colorado River in Water Division 5, former Water District 70, in Garfield County. The PLSS locations of the structures are (all in the 6th Principal Meridian):

Sedimentation Pond Name Section Township/

Range Distance N/S Distance E/W

#1 NW/4 SE/4 Sec 18 T7S R98W 1569 S 1339 E #2 NE/4 SW/4 Sec 18 T7S R98W 1492 S 2481 W #3 NW/4 SW/4 Sec 18 T7S R98W 1558 S 112 W #4 NE/4 SW/4 Sec 13 T7S R99W 1437 S 2587 W #5 NE/4 SW/4 Sec 13 T7S R99W 2168 S 1802 W #6 SW/4 NW/4 Sec 13 T7S R99W 2090 N 1207 W #7 SW/4 NW/4 Sec 13 T7S R99W 1790 N 817 W #8 SW/4 NW/4 Sec 13 T7S R99W 1630 N 607 W #9 SW/4 NW/4 Sec 13 T7S R99W 1670 N 205 W #10 SE/4 SW/4 Sec 11 T7S R99W 283 S 2160 W

11. Source: Kimball Creek; 12. A. Date of appropriation: September 26, 2008; B. How appropriation initiated: By development of plan, site investigation, and by development of intent to appropriate; 13. Amount claimed, surface areas, capacity figures, and dam dimensions: All amounts claimed for Ponds #1 - #10 are conditional.


PAGE 54

Pond Name


Total Capacity (acre-feet)

Active Capacity (acre-feet)

Dead Storage (acre-feet)

Embankment Length (feet) Embankment Height (feet)

#1 0.54 2.57 0.51 2.06 100 <10 #2 0.38 1.52 0.30 1.22 100 8 #3 0.42 1.58 0.32 1.26 100 <10 #4 0.11 0.17 0.03 0.14 50 4 #5 0.33 0.91 0.18 0.73 75 6 #6 0.65 2.6 0.52 2.08 100 9 #7 0.59 2.36 0.47 1.89 100 9 #8 0.74 3.7 0.74 2.96 100 <10 #9 0.42 1.79 0.36 1.43 100 <10 #10 0.68 2.55 0.51 2.04 100 <10 Total 4.86 19.75 3.95 15.8

14. Use: Piscatorial, sediment control, recreation, wildlife habitat along pond banks, wetlands creation along pond banks; IV. APPLICATION FOR CHANGE OF WATER RIGHTS: 15. Decreed name of structure for which change is sought: Kimball Ditch; 16. From previous decree: A. Date of decree: 5/11/ 1889, Case No.: CA103; B. Decreed point of diversion: In Case No. W-290 the point of diversion for the Kimball Ditch was changed. The new headgate is located on the Southwesterly bank of Kimball Creek, at a point whence the Section corner common to Sections 11, 12, 13 and 14 in T.7 S., R.99 W. of the 6th P.M. bears: N. 77º 14’ 41” E. 2629.50 feet. In Case No. W-383 alternate points of diversion were decreed at the following structures under which the off-channel ponds will be constructed: i) A V and D Ditch: In Case No. W-295 two alternate points of diversion were decreed for the A V and D Ditch: The A. V. and D. Alternate No. 1 and the A. V. and D. Alternate No. 2. The following locations were provided in that case: the new A. V. and D. Alternate No. 1 headgate is located on the Southerly bank of Kimball Creek, at a point whence the Section corner common to Sections 11, 12, 13 and 14 in T.7 S., R.99 W. of the 6th P.M. bears: N. 06º 47’ 47” E. 1802.11 feet, and the new A. V. and D. Alternate No. 2 headgate is located on the Southerly bank of Kimball Creek, at a point whence the Southwest Corner of Section 18 in T.7 S., R.98 W. of the 6th P.M. bears: S. 21º 52’ 30” E. 1365.18 feet; ii) Frashier Ditch: In Case No. W-289 the point of diversion for the Frashier Ditch was changed. The new headgate is located on the Northerly bank of Kimball Creek, at a point whence the Section corner common to Sections 11, 12, 13 and 14 in T.7 S., R.99 W. of the 6th P.M. bears: N. 06º 49’ 47” E. 1802.11 feet; iii) Cataract Ditch: In Case No. W-288 the point of diversion for the Cataract Ditch was changed. The new headgate is located on the Northerly bank of Kimball Creek, at a point whence the Section corner common to Sections 4, 5, 8 and 9 in T.7 S., R.99 W. of the 6th P.M. bears: N. 68º 59’ 18” E. 3806.46 feet; C. Source: Kimball Creek, tributary to Roan Creek, tributary to the Colorado River; D. Appropriation date: 6/1/1885, Amount: 1.5 c.f.s.; E. Historic use: Irrigation of 75 acres of Applicant’s land in the Kimball Creek drainage under the alternate points of diversion; 17. Proposed change: Applicant seeks to change 0.32 c.f.s. or 21% of its Kimball Ditch right from irrigation to augmentation and pond filling in order to maintain pond levels during times of senior downstream call. That 21% represents that portion of the Kimball Ditch right associated with the land inundated by off-channel Ponds A-G. (Of the 75 acres historically irrigated under the Kimball Ditch, 16 acres will be removed from irrigation due to the construction of Ponds A-G.) Historic consumptive use credits associates with the dry-up of land inundated by the off-channel Ponds A-G are summarized on exhibits attached to the Application. Diversion records for the Kimball Ditch are also attached as an exhibit; V. APPLICATION FOR SURFACE WATER RIGHTS: 18. Name of structure, amount claimed, and use: Structure Amount Claimed (cfs) Claimed Uses A V and D Alternate No. 2 Kimball Creek Ranch Enlargement 0.5 1,2,3,4,5,6 Frashier Ditch Kimball Creek Ranch Enlargement 0.5 1,2,3,4,5,6,7 Caughman Ditch Kimball Creek Ranch Enlargement 0.5 1,2,3,4,5,6,7 A V and D Alternate No. 1 Kimball Creek Ranch Enlargement 0.5 1,2,3,4,5,6,7 Kimball Ditch Kimball Creek Ranch Enlargement 0.5 1,2,3,4,5,6,7 Cataract Ditch Kimball Creek Ranch Enlargement 0.5 1,2,3,4,5,6,7 H V C and S Ditch Kimball creek Ranch Enlargement 1.0 1,2,3,4,5,6,7 Pond H Feeder Ditch 1.0 1,2,3,4,5,6,7

Claimed uses: 1 Filling and replacing evaporation depletions from ponds, 2 Piscatorial, 3 Recreation, 4 Wildlife habitat along pond banks, 5 Wetlands creation along pond banks 6 Irrigation 7 Augmentation; 19. Legal description: The legal description for the subject structures are provided in Section II, above. A map of those structures is attached to the Application as Exhibit 2; 20. Source: Kimball Creek.; 21. A. Date of appropriation: September 26, 2008.; B. How appropriation initiated: By development of plans, site investigation, and by development of intent to appropriate; VI. APPLICATION FOR APROVAL OF PLAN FOR AUGMENTATION (Kimball Creek Ranch Augmentation Plan): 22. Name of structures to be augmented: A. Kimball Creek Ranch Ponds A-G; B.


PAGE 55

Kimball Creek Ranch Sedimentation Ponds 1-10; C. Kimball Creek Ranch Enlargements of the: i) AV&D Ditch Alternate No. 1; ii) AV&D Ditch Alternate No. 2; iii) Frashier Ditch; iv) Caughman Ditch; v) Kimball Ditch; vi) Cataract Ditch; 23. Are there other water rights diverted from these structures: Yes. The ditches continue to divert their unchanged irrigation priorities.; 24. Water rights to be used for augmentation: A. Kimball Creek Ranch Ponds B, C, F, G, and H, claimed in Section II; B. 0.32 c.f.s. changed irrigation right in the Kimball Ditch claimed in Section IV, above. A historical consumptive use analysis for the Kimball Creek Ditch Priority No. 45 is attached to the Application as Exhibits 4 and 5. Consumptive irrigation requirements associated with the land inundated by Kimball Creek Ranch Ponds A-H were determined using the Blaney-Criddle analysis, attached to the Application as Exhibit 6; Diversion records for the Kimball Creek Ditch are attached as Exhibit 7; C. Roan Creek Augmentation Well; i) Information from previous decree: a. Date of original decree: The water right for the Roan Creek Augmentation Well was requested in Case No. 07CW235; b. Legal description: The well is located in Mesa County in the NW ¼ of the SW ¼ of Section 17 Township 8 South, Range 97 West of the 6th P.M. at a point 750 feet from the west section line and 2,470 feet from the south section line; c. Source: Ground water tributary to Roan Creek, tributary to the Colorado River; d. Appropriation date: March 26, 2007; e. Depth: 38 feet; f. Permit: 67517-F; ii) Amount claimed: 64.3 acre-feet annually, in addition to the 103.18 AF claimed in Case No. 07CW235, with a maximum pumping rate of 83 gpm (0.185 c.f.s.) in addition to the 400 gpm claimed in Case No. 07CW235, conditional; D. Reudi Reservoir: Information regarding the previous decrees for Ruedi Reservoir is attached to the Application as Exhibit 8. The information regarding Ruedi Reservoir will be incorporated into the body of any ruling or decree issued in this case; E. Wolford Mountain Reservoir: Information regarding the previous decrees for Wolford Mountain Reservoir is attached to the Application as Exhibit 9. The information regarding Wolford Mountain Reservoir will be incorporated into the body of any ruling or decree issued in this case; 25. Statement of plan for augmentation and appropriative right of exchange and substitution: Out-of-priority evaporative depletions from Ponds A-G and Sedimentation Ponds 1-10 will be augmented by a combination of: A. Historic consumptive use credit associated with the dry-up of land inundated by the off-channel Ponds A-G; B. Use of the High Lonesome Augmentation Well as a source of augmentation or substitute supply for the Reservoir Ditch and Roan Creek Ditch No. 2 Ditch; C. Release of Colorado mainstem storage water made available to the Applicant by contract; D. Storage releases from Pond H filled via the HVC&S Ditch and the Pond H Feeder Ditch from Roan Creek; E. Storage releases from Ponds B, C, D, F, and G in the event that the preceding augmentation sources are insufficient. This augmentation plan includes an appropriative right of exchange, sought below; Roan Creek Augmentation: When the Kimball Ditch right is in priority, the consumptive use credits will be diverted and placed in the ponds to replace evaporation. When the Kimball Ditch is out-of-priority, augmentation releases can be made from Kimball Ponds B, C, G, F, or H (Pond H will be utilized first). When the Reservoir Ditch or Roan Creek No. 2 Ditch is the calling right, water will be pumped from the High Lonesome Augmentation Well #1 up into the Reservoir Ditch as a substitute supply, in an amount equal to Applicant’s depletions; Colorado mainstem Augmentation: When there is a Cameo call, augmentation will be from a combination of consumptive use credits (when available) and contract water. Contract releases will equal evaporative depletions less consumptive use credits, plus a 10% transit loss; 26. Depletions: Gross pond evaporation from off-channel Ponds A-G will equal 50.6 a.f., as summarized on Exhibit 10 to the Application. Net pond evaporation from the on-channel ponds will equal 12.32 a.f. Together, those depletions will equal 62.92 a.f., annually; 27. Historical consumptive use: Off-channel ponds A-G will be constructed on historically irrigated lands resulting in the removal from irrigation of 16 acres of land. Historical consumptive use credit available under Applicant’s 1.5 c.f.s. Kimball Ditch priority #45 water right will be used to partially augment out-of-priority depletions during the irrigation season when that irrigation right would have been in priority. The historical consumptive use credits associated with the 16 acres of pond surface area equals 29.4 a.f. annually; VII. APPLICATION FOR APPROPRIATIVE RIGHT OF EXCHANGE (Kimball Creek Ranch Exchange): 28. The above-described augmentation plan includes an appropriative right of exchange extending from the confluence of Roan Creek and the Colorado River, up Roan Creek and Kimball Creek to the highest point of diversion at the Cataract Ditch headgate. Three exchange scenarios are possible: A. Mainstem call, no Roan Creek call: When there is a mainstem call and no Roan Creek call, releases will be made from contract storage sources commensurate with depletions less HCU credit plus a 10% transit loss assessment. The exchange reach extends up Roan Creek from the confluence with the Colorado to the confluence of Kimball Creek, thence up Kimball Creek to the Applicant’s uppermost depletion at the headgate of the Cataract Ditch. The exchange rate is equal to the maximum month depletion (after taking credit for HCU) of 0.094 cfs.; B. Reservoir Ditch or Roan Creek Ditch No. 2 call, no mainstem call: When the Reservoir or Roan Creek No. 2 ditches are calling but the mainstem call is off, the length of the exchange reach is reduced to a sub-set of the lengthier Scenario 1 exchange. In this case the exchange reach extends from the combined headgate of the Reservoir and Roan Creek No. 2 ditches to the Applicant’s uppermost depletion point. The exchange rate claimed is 0.185 cfs, the average July evaporative depletion from the augmented ponds. In this case no credit is claimed for HCU thereby increasing the exchange rate as the Applicant’s Kimball Ditch water rights is assumed to be out-of-priority; C. Roan Creek and mainstem call: In this scenario the exchange operates similarly to Scenario 1. With respect to a Roan Creek call, the exchange reach extends from the combined headgate of the two ditches up to the points of depletion. With respect to a mainstem call, the exchange reach extends from the confluence with the Colorado upstream to the augmentation well resulting in an exchange reach from the confluence up to the Roan Creek Augmentation Well. The exchange rate claimed is 0.185 cfs, the average July evaporative depletion from the augmented ponds. In this case no credit is claimed for HCU thereby increasing the exchange rate as the Applicant’s Kimball Ditch water rights is assumed to be out-of-priority. (13 pages)


PAGE 56

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 49. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW197 PITKIN COUNTY. Source: Woody Creek, Fryingpan River, Roaring Fork River tributary to the Colorado River. Application for Underground Water Right, Change of Water Right and Approval of a Plan for Aug. Including Exchange. Applicant: Aspen School District RE-1, care of Balcomb & Green, PC, Scott Balcomb and Sara Dunn, PO Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. COND. UNDERGROUND WATER RIGHT West Ranch Phase 2 Well. Legal Description: located in the NW1/4 SW1/4, Sec. 5, T9S, R85W, 6PM, 1730 ft. from S. Sec. line, 628 ft. from W. Sec. line of Sec. 5. Source: Groundwater trib. to Roaring Fork River. Depth: Approx. 100 ft. Approp: 2/12/2008 by formation of intent to approp. water for application to beneficial use and field investigation. Amt: 25 gpm, cond., for Irr. of 0.23 ac. of lawns and gardens located within the West Ranch parcel in the SW 1/4, Sec. 5, T9S, R85W, 6PM; and non-irr. uses of dom. and fire protection. CHANGE OF WATER RIGHT. Waco Ditch. Legal description: ditch takes its supply from Woody Creek at a point whence the re-survey corner of Sec. 9, 10, 15 and 16, T9S, R85W, 6PM bears N. 48 deg. 21’ W. 1829.2 ft. on the N. bank of Woody Creek, a trib. of the Roaring Fork River. Previous decrees: CA132, Adj. 5/11/1889, its Original Adj., Approp. 6/18/1880 in Amt. 4.00 cfs, applicant owns 0.051 cfs; First Enlargement, decreed 5/11/1889, Approp. 3/2/1884. Amt. 5.75 cfs, applicant owns 0.073; Second Enlargement decreed CA3082, dated 8/25/1936. Approp. 6/1/1916. Amt. 13.19 cfs, applicant owns 0.168; and Fourth Enlargement decreed in CA3732 dated 8/25/1949. Approp. 9/1/1936. Amt. 15.26 cfs, applicant owns 0.194. Historical Use. Applicant’s interest in the Waco Ditch, has historically been used to irr. 4.9 ac. on the West Ranch parcel. Applicant seeks to change the uses for its share of the Waco Ditch dedicated to this aug. plan from Irr. only to Irr. and aug. PLAN FOR AUG. INCL. EXCHANGE for West Ranch Phase 2 Well. Previous decree(s) for water right(s) to be used for aug: Waco Ditch, as described above. Ruedi Reservoir. Source: Fryingpan River, trib. of Colorado River. Legal description: an on-channel reservoir located in Sec.s 7, 8, 9, 11, and 14-18, T8S, R84W, 6 PM. The reservoir is located in portions of Eagle and Pitkin Counties. Adj: 6/20/1958. Approp: 7/29/1957. CA 4613, Garfield County Dist. Ct. Decreed Amt: 102,369 af. (Originally decreed for 140,697.3 af.; reduced to 102,369 af. in W-789-76). Decreed Uses: generation of electric energy, dom., muni. Ind., irr., piscatorial, and stock watering. Refill: By decree of the Water Court in 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 af., cond.. In Water Court 95CW95, 44,509 af. of the refill right was made abs. In Water Court 01CW269, an additional 25,257 af. of refill right was made abs., for a total of 69,766 af. Abs. in the refill right. Troy and Edith Ditches: the

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PAGE 57

Edith

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(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Fryingpan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Fryingpan River. Robertson Ditch:

Structure Decreed Amt. cfs

BWCD Owns Adj. Date Approp.

Date PN Civil Action

Robinson Ditch 5.00 1.21 05/11/1889 06/15/1882 38 132

Robinson Ditch 2.50 0.60 05/11/1889 04/15/1886 140 132

Robinson Ditch 2.00 0.48 05/11/1889 11/15/1886 167 132

Robinson Ditch 10.70 2.59 12/29/1903 04/25/1899 212C 1061 Robinson Ditch

20.06 4.85 08/25/1936 04/25/1900 326 3082 (1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) District Court in and for Garfield County. (i.) Legal Description of Point of Diversion: The point of diversion as decreed is located on the N. bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Sec. 11, T8S, R87W, 6PM. (ii.) Historic Use: Irr. of approx. 137.2 ac. of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In 93CW319, the Court decreed that 360 af of annual CU credits are associated with said irr. and a change of use of BWCD’s Robinson Ditch rights to include aug. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Statement of plan for aug. and exchange, The purpose of this plan for aug. is to replace out-of-priority depletions from West Ranch Phase 2 Well, used to satisfy the in-house demands for a residential development consisting of 10 single-family dwelling units and lawn and landscape Irr. The in-house water requirement for each dwelling unit is assumed to be 350 gpd based on an avg. occupancy of 3.5 persons using 100 gpd each. Wastewater treatment will be by septic tank/leachfield system. In-house water consumption is estimated at 15 percent of the total in-house water demand. The remaining 85 percent returns to the watershed via infiltration from leachfield. Irr. of lawn and garden areas from Phase 2 well will be limited to 1,000 square ft. per unit for a combined total of 0.23 acre. Lawn application efficiency is estimated at 80 percent. The West Ranch Phase 2 Well will have a junior priority subject to administrative call by downstream senior water rights. Applicant’s plan for aug. will replace 100 percent of depletions using HCU credits attributable to the dry-up of 4.9 ac. previously irr. by the Waco Ditch during the Irr. season and by releases from Ruedi Reservoir or other sources designated by the BWCD pursuant to an Allotment Contract with the District by Exchange. Amt. 0.40 gpm (0.0009 cfs). Approp. and a 2/12/2008. The upper terminus is the West Ranch Phase 2 Well as described above. The lower terminus is the confluence of the Fryingpan River and the Roaring Fork River in the SW1/4, SE1/4 of Sec. 7, T8S, R86W, 6PM, approx. 750 ft. from


PAGE 58

S. Sec. line, 1500 ft. from east Sec. line. Name(s) and address(es) of 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 pool: (1) Ruedi Reservoir: United States Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 W. CR 18E, Loveland, CO 80537-9711; (2) Troy & Edith Ditch: Basalt Water Conservancy District in care of Christopher L. Geiger, Esq., Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602; (3) Robinson Ditch: Robinson Ditch Company, c/o Wayne Ives, Secretary, PO Box 309, Carbondale, CO 81623; and c/o Kevin Tucker, 19001 Hwy 82 Unit D, Carbondale, CO 81623; and (4) Waco Ditch: The headgate is located on the property boundary between two parcels. The Pitkin County Assessor’s Office identifies the owners of those parcels as: Robert P. Beattie, 312 AABC #1, Aspen CO., 811611-2568 and Mark W. & Linda D. Bedell, PO Box 1381, Aspen, CO 81612. (15 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 50. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW198 APPLICATION FOR CHANGE OF WATER RIGHT AND TO AMEND PLAN FOR AUGMENTATION. l. Name, Address, and Telephone Number of Applicant. River Bend Colorado, LLC, Related Westpac, Attn: Rockwell Shepard, 132 West Main St, Suite A, Aspen, CO 81611, Phone: 970-544-0620 and Roaring Fork Water and Sanitation District, P.O. Box 1002, Glenwood Springs, CO 81602, Phone: 970-945-2144 and Basalt Water Conservancy District, P.O. Box 974, Glenwood Springs, CO 81602, Phone: 970-945-6777. Please direct all pleadings, correspondence, and other information and communication to the Attorneys for the Co-Applicants c/o Brownstein Hyatt Farber Schreck, P.C. James S. Lochhead #9065 410 17th Street, Suite 2200, Denver, CO 80202 Phone: (303) 223-1100 Fax: (303) 223-1111 and P.O. Box 357 Glenwood Springs, CO 81602-0357 Phone: (970) 945-5302 Fax: (970) 945-2360 c/o Balcomb & Green PC, Lawrence R. Green #8992 and Scott A. Grosscup, #35871, P.O. Drawer 790, Glenwood Springs, CO 81602 Phone: (970) 945-6546. Application for Change of Water Right and to Amend Plan for Augmentation in GARFIELD, PITKIN, SUMMIT AND EAGLE COUNTIES. The Applicant River Bend Colorado, LLC, (“Applicant”) by and through its attorneys, respectfully requests the Court to enter a decree approving the following application and as grounds therefore states as follows: INTRODUCTION. Applicant River Bend is the owner of land to become a residential and commercial development located in Garfield County, Colorado (the “Development”). A map and legal description of such property is attached hereto as Exhibits A and B, respectively. Pursuant to a Pre-Inclusion Agreement between River Bend and the District and recorded in the Office of the Garfield County Clerk and Recorder on October 9, 2008 as Reception Number 757047, the District will provide potable water for up to 1200.00 EQRs as defined in the policies of the District and the irrigation of up to seven acres within the Development under the Decree in Case No. 01CW187 and the Application in Case No. 07CW164. BWCD provides augmentation water pursuant to the Decree in Case No. 01CW187 through an Allotment Contract originally entered into with Sanders Ranch Holdings, LLC. The Allotment Contract has been assigned to River Bend. River Bend has applied to the BWCD for an additional water allotment contract that in conjunction with the Allotment Contract will provide sufficient augmentation water for this Decree, and the Decrees in Case Nos. 01CW188, 01CW189 and 07CW164. In case No. 01CW187, Water Division No. 5, River Bend obtained a decree for Change of Water Right and for Approval of Plan for Augmentation including exchange. Case No. 01CW187 decreed a water supply to provide potable water service through the District for up to 349.55 EQRs as defined in the then existing policies of the District. Applicants River Bend and District have pending in Case No. 07CW164, Water Division No. 5, an Application for Water Rights, for Approval of Plan for Augmentation and for Appropriative Right of Exchange. The Application in Case No. 07CW164 seeks approval of a water supply to provide potable water service through the District for an additional 850.45 EQRs as defined in the current policies of the District. Case Nos. 01CW187 and 07CW164 combine to provide water service for a total of 1,200 EQRs to the Development by District and BWCD. The Applicant will convey the water rights included in this Application, the Decree in Case No. 01CW187 and the Application in Case No. 07CW164 and will assign the Allotment Contract to the District pursuant to the pre-inclusion agreement. The purpose of this Application is to change the water rights decreed in Case No. 01CW187 to add additional alternate points of diversion for the Basalt Conduit water right, to include the additional alternate points as augmented structures, and to increase the augmentation water supply to be consistent with current District policy. Additional Alternate Points of Diversion for Basalt Conduit. 2. Decreed name of structures for which change is sought: Basalt Conduit. a. From previous decrees. i. Date entered: June 20, 1958, as modified by Supplemental Decree dated August 3, 1959. ii. Case No.: Civil Action No. 4613. iii. Court: Garfield County District Court. b. Decreed point of diversion: The headgate and point of diversion is located on the left bank of the Frying Pan River at the head of the outlet tube for the Ruedi Reservoir whence the SW Corner of Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 79º 00' W at a distance of 2,017.1 feet, in Pitkin County. c. Source: Frying Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. d. Appropriation date: July 29, 1957. e. Amount: 450


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c.f.s. f. Use: Generation of electric energy, domestic and municipal, stockwatering, piscatorial and industrial uses. g. Historic Use: N/A. 3. Proposed Change: a. The Decree in Case No. 01CW187 includes a decree changing 0.5 c.f.s. of the Basalt Conduit water right described above to the Aspen Glen Wells 1-7, the Coryell Ranch Wells 1-14 and the Coryell Ranch Roaring Fork Diversion, as alternate points of diversion. Applicants propose to add the following as additional alternate points of diversion for the Applicants’ interest in the Basalt Conduit water right as described in the Decree in Case No. 01CW187. All references in the Decree in Case No.01CW187 to alternate points of diversion shall also include the following: i. RBC Roaring Fork Diversion, an application for which is pending in Case No. 07CW164, with a point of diversion on the East bank of the Roaring Fork River in S. 18, T. 7 S., R. 88 W., Sixth P.M., 1,206 Ft. from the North and 434 Ft. from the West lines of said Section 18 as shown on Exhibit C, and with its source from the Roaring Fork River. ii. RBC Well Field, an application for which is pending in Case No. 07CW164, and which consists of that portion of the River Bend Colorado, LLC property, excluding the Conservation Easement area granted to the Roaring Fork Conservancy, located in the W. ½ of S. 7, T. 7 S., R. 88 W. of the Sixth P.M., the E. ½ of S. 12, T. 7 S., R. 89 W. of the Sixth P.M., and the SE. ¼ of S. 1, T. 7 S., R. 89 W. of the Sixth P.M. The legal description of the River Bend Colorado, LLC property is attached as Exhibit B. The Applicant may develop up to ten wells within the RBC Well Field and each of these wells is claimed as an alternate point of diversion, as shown on Exhibit C, with its source being groundwater tributary to the Roaring Fork River. iii. Robertson Ditch, decreed in Case No. 00CW019, with a point of diversion located on the Westerly bank of the Roaring Fork River at a point whence the SE corner of S. 12, T. 7 S., R. 89 W., Sixth P.M. Bears N. 27º56’ W. 2,788.14 feet. This structure can also be described as a point within the NW. ¼ of the SE. ¼, S. 18, T. 7 S., R. 88 W., 6th P.M. 1,509 Ft. from the South line and 1123 Ft. from the West line of said Section 18, as shown on Exhibit C, with its source from the Roaring Fork River. iv. Posy Pump and Pipeline, decreed in Case No. 00CW019, with a point of diversion located in Government Lot 17 of Section 1, Township 7 South, Range 89 West of the 6th P.M. 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 described as a point within NW. ¼ of the SE. ¼, S. 1, T. 7 S. , R. 89 W. of the 6th P.M. 2300 Ft. from the South line and 2290 Ft. from the East line of said Section 1, as shown on Exhibit C, with its source from the Roaring Fork River. b. Name and address of owners of land on which structures are located: There are other water rights decreed for diversion at the points of diversion for the Robertson Ditch and Posy Pump and Pipeline.. The RBC Well Field and RBC Pump and Pipeline are located on land owned by River Bend. The Robertson Ditch and Posy Pump and Pipeline are located on easements owned by the District. c. Remarks: All of the terms and conditions relating to the use of the Applicants’ interest in the 0.5 c.f.s. of the Basalt Conduit water right set forth in the Decree in Case No. 01CW187 shall apply to the use of such water right at the new alternate points of diversion set forth above, including specifically that the maximum rate of diversion through the alternate points of diversion under such water right shall be 0.5 c.f.s., and such right may be diverted at any one or any combination of the alternate points of diversion to the extent water is physically and legally available at the originally decreed point of diversion. Changes to Plan for Augmentation. 4. Amendments to Plan for Augmentation: Applicants request to amend the Plan for Augmentation decreed in Case No. 01CW187 to include additional structures to be augmented pursuant to that decree and to increase the assumed water use and related augmentation requirements. Except as specifically changed and amended as requested herein, the Decree in Case No. 01CW187shall remain in full force and effect. A copy of that decree is attached as Exhibit D. a. Names of structures to be augmented: Paragraph 8 of the decree in Case No. 01CW187 is amended to include the RBC Roaring Fork Diversion, RBC Well Field, Robertson Ditch, and Posy Pump and Pipeline, described above, as structures to be augmented. b. Water rights used for augmentation: Paragraph 9 of the decree in Case No. 01CW187 is amended to include an additional 1.03 acre feet of River Bend’s interest in its Allotment Contract with the Basalt Water Conservancy District, which provides augmentation water from Ruedi Reservoir, Green Mountain Reservoir, and/or the Troy Ditch and Edith Ditch Water Rights as those rights are described in Exhibit F. That Paragraph 9 of Case No. 01CW187 shall now read: Pursuant to the Allotment Contract, River Bend is entitled to use up to 62.6 acre feet, total, of augmentation water from any of the three sources described below (Ruedi Reservoir, Green Mountain Reservoir and the Troy and Edith Ditches). An estimated amount of 12.95 acre-feet of the 62.6 acre-foot Allotment Contract water will be dedicated to augmentation of out of priority depletions from the Aspen Glen, Coryell Ranch Wells, RBC Roaring Fork Diversion, RBC Well Field, Robertson Ditch, and Posy Pump and Pipeline. Portions of the 62.6 acre feet will also be dedicated to augmentation of evaporation losses from Bair Chase Lakes Nos. 1-5, pursuant to two separate decrees in Cases Nos. 01CW188 and 01CW189, and to augment domestic depletions in Case No. 07CW164. c. Statement of Plan for Augmentation: i. Paragraph 9.D(1) of the Decree in Case No. 01CW187 is hereby amended to reflect the current EQR calculation policies of the District. This change reflects an increase in assumed water use, which is more conservative and therefore more protective of other water rights. EQR and depletion calculations shall be based on the following assumptions: Gallons per day per residential EQR 350 Gallons per day per commercial EQR 350 Irrigated area, potable (sq. ft.) 130,680 (3 ac.) % irrigation efficiency 80 % CU for domestic/commercial 5 Irrigation CU (af/ac) 1.83 ii. Paragraph 9.D(4) of the Decree in Case No. 01CW187 is amended to reflect the increase in the amount of estimated augmentation water requirements based upon the increase in the assumed water use. That Paragraph and associated table shall now read: The


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Domestic and municipal water requirements for the Development and the estimated augmentation requirements are described in the table attached as Exhibit E. The estimated amount of augmentation water required amounts to 12.95 acre feet per year, based on the projections described in Exhibit E, including a 5% transit loss for water released from Ruedi and Green Mountain Reservoirs. Estimated project monthly depletions and augmentation requirements (including 5% transit loss) are set forth below.

Estimated Monthly Augmentation Requirements 349.55 EQRs Month Augmentation Requirement January 0.61 February 0.55 March 0.61 April 0.66 May 1.72 June 2.05 July 1.97 August 1.47 September 1.33 October 0.77 November 0.59 December 0.61

iii. Exhibit E to the Decree in Case No. 01CW187 is hereby amended by a new Exhibit E attached hereto and incorporated herein by this reference. Paragraph 18 of the Decree in Case No. 01CW187 is amended to reflect an estimated augmentation requirement of 12.95 a.f. 5. The change of water right and amendment of the Decree in Case No. 01CW187 as requested herein will not affect in any material way the operation of said water right and plan for augmentation, and therefore will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. (51 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 51. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW199 IN RIO BLANCO AND GARFIELD COUNTIES, COLORADO.APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF EXXON MOBIL CORPORATION, DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 - 8th Street, Suite 104 Glenwood Springs, CO 81601. 1. Name and Address of Applicant. Exxon Mobil Corporation ("ExxonMobil"), 16825 Northchase Dr., Ste. 200, Houston, TX 77060. Direct all pleadings to: Glenn E. Porzak, Kristin Howse Moseley, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. Scott Balcomb, David C. Hallford, Balcomb & Green, P.C., 818 Colorado Avenue, P.O. Box 790, Glenwood Springs, CO 81602. 2. Introduction. ExxonMobil seeks to change the place of use of water rights that divert in the Colorado River basin for use in the Piceance Creek and Yellow Creek basins, and to augment such diversions by releases from Ruedi Reservoir and previously decreed Parachute Creek Reservoirs. 3. Description of Water Rights to be Changed. (a) The following described direct flow water rights: (1) Dow Pumping Plant and Pipeline. 94.8 cubic feet per second (“cfs”) conditionally decreed by the Garfield County District Court in Civil Action No. 4914 for industrial, mining, retorting, refining, power, domestic, and all other uses necessary and related to the production of shale oil and its by-products, with an appropriation date of January 24, 1955. The source of this water right is the Colorado River (and Green Mountain Reservoir), and the original point of diversion was decreed as being located at a point on the Northerly bank of the Colorado River, whence the East quarter corner of Section 6, Township 7 South, Range 95 West, 6th P.M. bears North 13° 17' East 753 feet. By decree of the District Court in and for Water Division No. 5 (hereinafter the “Water Court”) entered in Case No. W-2786, the Dow Pumping Plant and Pipeline was awarded an alternate point of diversion located on the Northerly bank of the Colorado River at a point whence the East quarter corner of Section 6, Township 7 South, Range 95 West, 6th P.M. bears North 35° East 1880 feet. By decree of the Water Court in Case No. 82CW369, an alternate point of diversion for the Dow Pumping Plant and Pipeline was decreed at a point in Lot 9, Section 6, Township 7 South, Range 95 West, 6th P.M., Garfield County, Colorado from which point the South quarter corner of said Section 6 bears South 69° 19’ West 1327 feet. The decree in Case No. 82CW369 also augmented 30 cfs of the Dow Pumping Plant and Pipeline with releases from Ruedi Reservoir and other storage facilities described in paragraph 3(b) below for use in connection with the


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Colony Shale Oil Project. (2) Dow Middle Fork Pipeline. 1.088 cfs conditionally decreed by the Garfield County District Court in Civil Action No. 4914 for industrial, mining, retorting, refining, power, domestic, and all other uses necessary and related to the production of shale oil and its by-products, with an appropriation date of October 20, 1954. The source of this water right is the Middle Fork of Parachute Creek, and the original point of diversion was decreed as being located at a point on the Westerly bank of the Middle Fork of Parachute Creek, whence the Southeast corner of Section 31, Township 4 South, Range 95 West, 6th P.M. bears North 84° 30’ East 915 feet. By decree of the Water Court entered in Case No. W-2303, 0.444 cfs may be alternately diverted at each of the three wells known as the Dow Well W W 1-1-R, W W 1-2, and W W 6-2, more particularly described in Case No. 82CW369. The decree in Case No. 82CW369 augmented the Dow Middle Fork Pipeline with releases from Ruedi Reservoir and other storage facilities described in paragraph 3(b) below for use in connection with the Colony Shale Oil Project. (3) Dow East Middle Fork Pipeline. 13.54 cfs conditionally decreed by the Garfield County District Court in Civil Action No. 4914 for industrial, mining, retorting, refining, power, domestic, and all other uses necessary and related to the production of shale oil and its by-products, with an appropriation date of October 19, 1954. The source of this water right is the East Middle Fork of Parachute Creek, and the original point of diversion was decreed as being located at a point on the Northerly bank of the East Middle Fork of Parachute Creek, whence the Southeast corner of Section 10, Township 5 South, Range 95 West, 6th P.M. bears North 78° 55’ East 137 feet. By decree of the Water Court entered in Case No. W-1826, the Dow East Middle Fork Pipeline was awarded an alternate point of diversion located at a point whence the Southeast corner of Section 18, Township 5 South, Range 95 West, 6th P.M. bears South 21° 56’ East 1913 feet. The decree in Case No. 82CW369 augmented the Dow East Middle Fork Pipeline with releases from Ruedi Reservoir and other storage facilities described in paragraph 3(b) below for use in connection with the Colony Shale Oil Project. (b) The following described water storage rights: (1) Middle Fork Reservoir. Decreed by the Garfield County District Court in Civil Action No. 4914 for 171.622 acre-feet (“af”) for irrigation, industrial, mining, retorting, refining, power, domestic, and all other uses necessary and related to the production of shale oil and its by-products, with an appropriation date of September 17, 1959. The source of this reservoir is the Middle Fork of Parachute Creek and the West abutment of the dam was decreed as being located at a point whence the North quarter of Section 6, Township 5 South, Range 95 West, 6th P.M. bears North 12° 10' West 1860 feet. By decree of the Water Court entered in Case No. 88CW188, 140 af of the Middle Fork Reservoir was decreed as absolute. The remaining 31.622 af is decreed as conditional. A new point of diversion was decreed by the Water Court in Case No. 82CW369 for the Middle Fork Reservoir as enlarged which locates the West abutment of the dam at a point whence the East quarter corner of Section 1, Township 5 South, Range 96 West, 6th P.M. bears North 37° 30’ West 3900 feet. By decree of the Water Court in Case No. 82CW369, this storage facility can be used to augment up to 30 cfs of out of priority diversions from the Dow Pumping Plant and Pipeline, among other rights including the Dow Middle Fork Pipeline and the Dow East Middle Fork Pipeline. Diversion records for the Middle Fork Reservoir are attached hereto as Exhibit A. (2) Middle Fork Reservoir, First Enlargement. 1438.378 af conditionally decreed by the Water Court in Case No. 79CW378, with an appropriation date of September 30, 1974. The source, location, and uses of water for this water right are the same as those described for the Middle Fork Reservoir in paragraph 3(b)(1) above. (3) Davis Gulch Reservoir. Decreed by the Garfield County District Court in Civil Action No. 4914 for 204 af for irrigation, industrial, mining, retorting, refining, power, domestic, and all other uses necessary and related to the production of shale oil and its by-products, with an appropriation date of September 15, 1959. The source of this reservoir is Davis Gulch, a tributary of Parachute Creek and the Southwest end of the dam was decreed as being located at a point whence the North quarter corner of Section 12, Township 5 South, Range 96 West, 6th P.M. bears North 31° 20' West 1230 feet. By decree of the Water Court entered in Case No. 84CW160, 6.0 af of the Davis Gulch Reservoir water right was made absolute. The remaining 198 af is conditional. A new point of diversion was decreed by the Water Court in Case No. 82CW369 for the Davis Gulch Reservoir as enlarged which locates the West abutment of the dam at a point whence the Southwest corner of Section 6, Township 5 South, Range 95 West, 6th P.M. bears North 38° 25’ East 3200 feet. By decree of the Water Court in Case No. 82CW369, this storage facility can be used to augment up to 30 cfs of out of priority diversions from the Dow Pumping Plant and Pipeline, among other rights including the Dow Middle Fork Pipeline and the Dow East Middle Fork Pipeline. Diversion records for the Davis Gulch Reservoir are attached hereto as Exhibit B. (4) Davis Gulch Reservoir, First Enlargement. 996 af conditionally decreed by the Water Court in Case No. 79CW378, with an appropriation date of September 30, 1974. The source, location, and uses of water for this water right are the same as those described for the Davis Gulch Reservoir in paragraph 3(b)(3) above. (5) East Middle Fork Reservoir. 130.558 af conditionally decreed by the Garfield County District Court in Civil Action No. 4914 for irrigation, industrial, mining, retorting, refining, power, domestic, and all other uses necessary and related to the production of shale oil and its by-products, with an appropriation date of September 17, 1959. The source of this Reservoir is the East Middle Fork of Parachute Creek, and the Northwest end of the dam was decreed as being located at a point whence the North quarter corner of Section 15, Township 5 South, Range 95 West, 6th P.M. bears North 16° 17' East 522 feet. By decree of the Water Court in Case No. 82CW369, this storage facility can be used to augment up to 30 cfs of out of priority diversions from the Dow Pumping Plant and Pipeline, among other rights including the Dow Middle Fork Pipeline and the Dow East Middle Fork Pipeline. (6) Lower East Middle Fork Reservoir. 6200 af conditionally decreed by the Water Court in Case No. 82CW88, for domestic, irrigation, industrial, mining, retorting, refining power and all other uses related to the production of shale oil and its by-products, with an appropriation date of February 2, 1982. The source of this water right is the East Middle Fork of Parachute Creek and the Colorado River through the Dow Pumping Plant and Pipeline. The Lower East Middle Fork Reservoir dam is located in the W ½ SW ¼ of Section 18, Township 5 South, Range 95 West, 6th P.M. and the north abutment of the dam is located at a point whence the Witness


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Corner for the SW Corner of said Section 18 bears South 64° 45' West 3600 feet. By decree of the Water Court in Case No. 82CW369, this storage facility can be used to augment up to 30 cfs of out of priority diversions from the Dow Pumping Plant and Pipeline, among other rights including the Dow Middle Fork Pipeline and the Dow East Middle Fork Pipeline. A map depicting the above referenced structures is attached hereto as Exhibit C. Historic use of the water contained in Middle Fork Reservoir and Davis Gulch Reservoir is within the Colony Project property depicted on Exhibit C. 4. Description of Water Rights to be Used as a Source of Augmentation Water: (a) Ruedi Reservoir. Decreed in the Garfield County District Court in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generation of electrical energy, stockwatering, and piscatorial uses, with an appropriation date of July 29, 1957. By subsequent order of the Water Court entered in Case No. W-789-76, the decreed amount of this reservoir has been fixed at 102,369 af. Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 thru 18, Township 8 South, Range 84 West, 6th P.M., in Eagle and Pitkin Counties, and derives its water supply from the Fryingpan River. By Water Service Agreement dated May 13, 1982, between ExxonMobil and the United States Bureau of Reclamation, ExxonMobil has the right to call for the release of up to 6,000 af annually from Ruedi Reservoir. By decree of the Water Court in 82CW369, Ruedi Reservoir is used to augment 30 cfs of the Dow Pumping Plant and Pipeline, among other rights including the Dow Middle Fork Pipeline and the Dow East Middle Fork Pipeline. (b) Middle Fork Reservoir as described in paragraph 3(b)(1) above. (c) Middle Fork Reservoir, First Enlargement as described in paragraph 3(b)(2) above. (d) Davis Gulch Reservoir as described in paragraph 3(b)(3) above. (e) Davis Gulch Reservoir, First Enlargement as described in paragraph 3(b)(4) above. (f) East Middle Fork Reservoir as described in paragraph 3(b)(5) above. (g) Lower East Middle Fork Reservoir as described in paragraph 3(b)(6) above. (5) Change in Place of Use of Water Rights. By this application, ExxonMobil seeks to change the place of use of the water rights described in paragraph 3 to include properties located in the Piceance Creek and Yellow Creek Basins in which ExxonMobil or its subsidiaries or affiliates own an interest and also all property within the Piceance Creek and Yellow Creek Basins upon which its oil, gas and energy exploration, and recovery operations are performed. These new places of use shall be in addition to the existing decreed places of use in the Colorado River basin. As the existing decreed uses are 100% consumptive, there will be no expansion of use by the requested change in place of use. ExxonMobil anticipates that its use of water imported into the Piceance Creek and Yellow Creek Basins will likewise be 100% consumptive. However, to the extent that less than 100% of the water is consumed, ExxonMobil reserves the right to make successive use of the imported water to extinction pursuant to C.R.S. § 37-82-106. The lands comprising the new places of use are depicted on the map attached hereto as Exhibit D, and include property within the Piceance Creek and Yellow Creek basins that are located in the 6th P.M., specifically: (a) Township 2 North, Range 97 West; (b) Township 1 North, Ranges 96 and 97 West; (c) Township 1 South, Ranges 94, 95, 96, 97, and 98 West; (d) Township 2 South, Ranges 94, 95, 96, 97, 98, and 99 West; (e) Township 3 South, Ranges 93, 94, 95, 96, 97, 98, 99, and 100 West; (f) Township 4 South, Ranges 94, 95, 96, 97, 98, and 99 West; and (g) Township 5 South, Ranges 94, 95, 96, 97, and 98 West. 6. Confirmation of Type of Use of Water Rights. By this application, ExxonMobil seeks confirmation that the industrial use of the water rights described in paragraph 3 may be used for all industrial uses, including uses associated with oil and gas drilling and production, and are not limited exclusively for oil shale mining and production. These water rights are also decreed for a multitude of other uses. 7. Description of the Plan for Augmentation. By this application, ExxonMobil seeks to adjudicate a plan to augment out-of-priority diversions from and storage in the structures described in paragraph 3 for all decreed uses as those uses are changed and clarified pursuant to paragraphs 5 and 6 above. Out-of-priority diversions from and storage in the structures described in paragraph 3 will be augmented by contemporaneous releases from the storage structures described in paragraph 4 above. This proposed plan for augmentation will be in addition to the existing augmentation plan decreed by the Water Court in Case No. 82CW369, and no change in the decree in Case No. 82CW369 is sought by this application. 8. Measurement and Accounting. So as to ensure proper operation of the subject plan for augmentation, ExxonMobil will install and maintain such measuring devices and implement such accounting procedures as may be required by the Division Engineer to verify that the amount of augmentation water equals the amount of out-of-priority diversions and storage augmented herein. 9. Names and addresses of owners of land upon which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: ExxonMobil or its subsidiaries or affiliates is the owner of the land on which the structures described in paragraphs 3 and 4(b)-(g) are located. Ruedi Reservoir, described in paragraph 4(a) above, is owned by the United States Bureau of Reclamation whose address is the Eastern Colorado Office, attn: Area Manager, 11056 West County Road 18E, Loveland, CO 80537. WHEREFORE, ExxonMobil seeks entry of a final decree that (i) approves the change and clarification of water rights as described in paragraphs 5 and 6 above; (ii) finds that as a result of the subject plan for augmentation described in paragraph 7 above, there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional water right; and (iii) provides such other relief as may be appropriate and consistent with this pleading. (17 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


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52. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW200 EAGLE COUNTY. Tributary to EAGLE RIVER. Eagle County School District RE-50J (“District”), P.O. Box 740, Eagle, Colorado 81631, (970) 328-6321. (Jeffrey J. Kahn, Matthew Machado, Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900.) APPLICATION FOR CHANGE OF WATER RIGHT. 2. Decreed name of structure for which change is sought: O’Neill and Holland Ditch First Enlargement diverted through the Howard Ditch. 3. Legal Description of Water Right from Original Decree: 3.1Date of Original Decree: Civil Action No. 963, Eagle County District Court, entered on October 3, 1936 and changed in Case No. 93CW189, District Court, Water Division 5, entered on April 2, 1996. 3.2 Legal Description: The point of diversion of 3.29 cfs of the O’Neill and Holland Ditch First Enlargement(“Subject Water Right”) was transferred from the headgate of the O’Neill and Holland Ditch to the Howard Ditch in Case No. 93CW189. The Howard Ditch headgate is located on the Eagle River in the NW ¼, NW ¼, Section 11, T5S, R82W of the 6th P.M., in Eagle County, at a point 600 feet from the North Section line and 1,150 feet from the West Section line. 3.3 Source: Eagle River. 3.4 Appropriation Date: June 8, 1907. 3.5 Amount: 2.875 cfs. 3.6 Historic Use: The Subject Water Right together with the O’Neill and Holland Ditch senior priority was originally used to irrigate 115 acres located generally in Section 23, T4S, R83W, 6th P.M., and was changed in Case No. 93CW189 for irrigation of 85 acres formerly served by the Howard Ditch in the S ½ of Sections 3 and 4, T5S, R82W of 6th P.M. in Eagle County, Colorado, known as the Miller Ranch. A copy of the decree in 93CW189 is attached as EXHIBIT A. A copy of the diversion records for the Howard Ditch from CDSS are attached as EXHIBIT B. A map showing the 85 acres originally irrigated on the Miller Ranch is attached as EXHIBIT C. The decree in 93CW189 recognized Applicant’s intent to remove portions of the 85 Miller Ranch irrigated acres from irrigation in order to use the same for school, administrative and other purposes. The Court found that the historic use credit and historic consumptive use credit associated with the removal of those lands from irrigation should be attributed to the O’Neill and Holland Ditch First Enlargement. Some of the Miller Ranch lands subsequently have been removed from irrigation to accommodate construction of two schools and a housing development on the Miller Ranch. Applicant and the County of Eagle have jointly developed the Miller Ranch and adjoining lands as the Berry Creek-Miller Ranch Subdivision. Those parties have conveyed title to portions of those lands to each other to facilitate that development plan. Portions of the Subject Water Right have been changed to other uses or other places of use as described in ¶ 3.7 below. As a result, Applicant may currently divert no more than 2.875 cfs of the O’Neill and Holland Ditch First Enlargement for irrigation of 55.12 acres on the Miller Ranch. 3.7 Other change cases: Portions of the Subject Water Right were changed in the following cases, and said portions are will not be changed or affected by this case: 3.7.1 Case No. 96CW373, Water Division No. 5, entered on April 16, 2001. This decree approved an alternate point of diversion for up to 0.25 cfs of said 3.29 cfs to the headgate of the J.M. Dodd Ditch located on Lake Creek for irrigation of up to 5 acres at the Edwards Elementary School. That change was based upon removal of 5 acres of historically irrigated lands on the Miller Ranch. A copy of the decree is attached as EXHIBIT D. 3.7.2 Case No. 02CW403, currently pending in Water Division 5, is an application by the Upper Eagle Regional Water Authority (“Authority”) to change the point of diversion, type of use and place of use of 18.38 acre feet of historic consumptive use from a portion of the dry up credit available from removal of 24.88 acres from irrigation on the Miller Ranch by the Subject Water Right. The District conveyed to the Authority a portion of the Subject Water Right in the amount of 18.38 acre feet of historic consumptive use credits with a varying diversion rate ranging from 0.165 cfs to 0.963 cfs. A copy of that deed is attached as EXHIBIT E. The District reserved the right to all excess credits available from removal of those lands from irrigation. 4.Proposed Change: Applicant will continue to irrigate ball fields and landscaping at the two schools and on the housing parcel on Miller Ranch. Applicant proposes to change the place of use of the Subject Water Right, excluding the portion conveyed to the Authority, to also allow permanent irrigation of up to 12 acres of turf and landscaping at the new Battle Mountain High School (“BMHS”) adjacent to the Miller Ranch and an alternate place of use to allow the temporary irrigation of an additional 6 acres for the reestablishment of native vegetation at BMHS. The District proposes to limit irrigation to no more than a total of 55.12 acres per year on the Miller Ranch and BMHS property combined, in order to avoid an expansion of use. Accordingly, the District proposes to permanently remove from irrigation 12 acres and temporarily remove from irrigation an additional 6 irrigated acres on the Miller Ranch to allow for the new irrigation on the BMHS property. Once the native vegetation has been reestablished, the District will stop irrigating the 6 acre area at the BMHS, and may resume irrigation of another 6 acres on the Miller Ranch. The lands to be irrigated on the BMHS property are located on Tract B of the Berry Creek/Miller Ranch PUD in the W ½ of Section 4, T5S, R82W of 6th P.M. The BMHS lands were formerly irrigated by other water rights in the Howard Ditch. These other water rights were changed to different uses and are no longer used to irrigate BMHS lands pursuant to the decree entered in Case No. W-3999. No change in point of diversion of the Subject Water Right is required, because the water will continue to be diverted through the decreed headgate of the Howard Ditch. 5. Proposed Terms and Conditions. In addition to the limit on irrigated acreage described above, Applicant proposes as follows: 5.1 Applicant’s total combined rate of diversion under the O’Neill and Holland Ditch First Enlargement at the Howard Ditch headgate and J. M. Dodd Ditch Headgate shall not exceed a total of 3.29 cfs less amounts conveyed to the Upper Eagle Regional Water Authority as follows:

May June July August September October 0.267 cfs 0.165 cfs 0.169 cfs 0.783 cfs 0.963 cfs 0.697cfs


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5.2 Applicant will continue to limit its diversion of its O’Neill and Holland Ditch First Enlargement water right changed herein to times when the water is legally and physically available at the original O’Neill and Holland Ditch headgate. 5.3 When Applicant’s diversions of its O’Neill and Holland Ditch First Enlargement water right would cause the streamflow in the Eagle River immediately downstream of the Howard Ditch headgate to fall below the instream flow decreed to the CWCB in Case No. 80CW134, Applicant will limit its diversions under that water right to no more than 0.88 cfs, including Applicant’s diversions through the J. M. Dodd Ditch. 5.4 Applicant shall provide 30 days written notice to the Division Engineer when the temporary irrigation of 6 acres of native grasses ceases before this water is returned to use on the Miller Ranch from the temporary use at BMHS. 6. General Comments. A portion of the Subject Water Right to be removed from irrigation was used historically on lands now owned by the County of Eagle. The District retained all water rights and all right to historic consumptive use credit in the deed conveying that land to the County. Copies of the deeds are attached as EXHIBIT F. Maps showing the approximate locations of the historically irrigated lands on the Miller Ranch removed from irrigation in Case Nos. 96CW373 and 02CW403 and the acreage to be irrigated at the BMHS are attached as EXHIBITS G and H. 7. Names and addresses of owners or reputed owners of land upon which any new diversion structure or modification to any existing diversion or storage structure is or will be constructed. No new structures are necessary, as water will continue to be diverted through the Howard Ditch. The other owners of the Howard Ditch or water rights decreed to that structure are as follows: Eagle County Board of County Commissioners, 500 Broadway, P.O. Box 850, Eagle, CO 81631-0850. SPI Golf, Inc., c/o Johannes Faessler, 20 Vail Road, Vail, CO 81657. Upper Eagle Regional Water Authority, Manager, 846 Forest Road, Vail, CO 81657. (44 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 53. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW201 SUMMIT COUNTY. Board of County Commissioners of the County of Summit (“Summit County”) c/o Charles B. White, Esq., Nicole L. Johnson, Esq., Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) 825-1980. APPLICATION FOR STORAGE WATER RIGHTS Name of reservoir: Old Dillon Reservoir, Third Enlargement and Refill. Introduction: Old Dillon Reservoir is an existing structure, originally constructed in 1939, with a present capacity of approximately 62 acre-feet. The original water storage right for Old Dillon Reservoir was decreed in Case No. C.A. 1806, Summit County District Court on March 10, 1952, by the Town of Dillon in the amount of 46.14 acre-feet. A conditional first enlargement storage right was subsequently decreed in Case No. 93CW288, on February 10, 1997, by the Town of Dillon and Summit County in the amount of 150 acre-feet. Summit County applied for a conditional second enlargement storage right in Case No. 07CW223 in the amount of 60 acre-feet. This application seeks to adjudicate a conditional third enlargement storage right based on the currently planned size of the enlargement of Old Dillon Reservoir and a conditional refill storage right to replace evaporation loss. Summit County, the Town of Dillon and the Town of Silverthorne are parties to an intergovernmental agreement under which interests in the Old Dillon Reservoir, Third Enlargement and Refill water rights may be conveyed to Dillon and/or Silverthorne. Legal description: The reservoir is located in the SW1/4 SE1/4 and SE1/4 SW1/4 of Section 13, T.5 S., R.78 W. of the 6th P.M., in Summit County, Colorado. The approximate location of the SW end of Dam No. 1 will be at a point whence the South quarter corner of said Section 13 bears South 27º30' East a distance of 600 feet. The approximate location of the SW end of Dam No. 2 will be at a point whence the South quarter corner of said Section 13 bears South 64º30' West a distance of 250 feet. The point of diversion for this water storage right is the Dillon Ditch, with a capacity of 10 c.f.s. The Dillon Ditch is located on the south bank of Salt Lick Gulch at a point whence the SE corner of Section 14, T.5S., R.78W. of the 6th P.M. bears South 81º58' East 1832 feet. The headgate is located in the SW ¼ of the SE ¼ of Section 14, Township 5 South, Range 78 West of the 6th P.M., at a point approximately 290 feet from the South section line and 1,910 feet from the East section line of said Section 14. Source: Salt Lick Gulch (a/k/a Salt Lick Creek), a tributary of the Blue River. Appropriation: A. Date: December 16, 2008. B. How appropriation was initiated: By formation of the requisite intent to appropriate and completion of substantial steps in furtherance of such intent, including, but not limited to, approval of a resolution by the Board of County Commissioners of Summit County evincing Summit County’s intent to appropriate the water storage rights which are the subject of this application. C. Date water applied to beneficial use: N/A. Amounts: A. Old Dillon Reservoir, Third Enlargement: 30 acre-feet, conditional. B. Old Dillon Reservoir, Refill: 45 acre-feet, conditional, to replace gross evaporation loss. Rate of flow at which water will be diverted into the Reservoir through the Dillon Ditch: 10 c.f.s. Use: Municipal, domestic, commercial, irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, wildlife watering, and all other beneficial uses, with the right of reuse, successive use, and disposition to extinction. A. Surface area of high water line: The existing Old Dillon Reservoir has a surface area of approximately 10 acres; it is estimated that the enlarged Old Dillon Reservoir will have a surface area of approximately 14.8 acres. B. Maximum height of dam in feet: The existing Old Dillon Reservoir is


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impounded by two embankments of approximately 5 to 7 feet in height; it is estimated that the enlarged Old Dillon Reservoir will be impounded by two embankments of approximately 27 to 41 feet in structural height. C. Length of dam in feet: It is estimated that the embankments of the enlarged Old Dillon Reservoir will have a total length of approximately 1900 feet (NW dam crest - approximately 1070 feet; SE dam crest - approximately 1005 feet). Total capacity of reservoir in acre-feet: It is estimated that the enlarged Old Dillon Reservoir will have a total capacity of 286 acre-feet, of which approximately 0.1 acre-foot will be dead storage. 12. 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: Old Dillon Reservoir and the Dillon Ditch are located on land owned by the United States Forest Service, Dillon Ranger District, P.O. Box 620, Silverthorne, CO 80498. WHEREFORE, Applicant respectfully requests that the Court enter a decree granting this application and awarding the conditional storage rights described herein, and granting such other relief to Applicant as the Court deems just and proper. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 54. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW202 SUMMIT COUNTY. Board of County Commissioners of the County of Summit (“Summit County”), c/o Charles B. White, Esq., Nicole L. Johnson, Esq., Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) 825-1980. APPLICATION FOR APPROPRIATIVE RIGHTS OF EXCHANGE. Name of exchange: Summit County Wolford Mountain Reservoir to Old Dillon Reservoir Exchange. Description of exchange: Pursuant to C.R.S. §§ 37-80-120, 37-83-104 & 37-92-302(1)(a), C.R.S. (2008), Applicant seeks to adjudicate a conditional appropriative right of exchange (the “Exchange”) whereby water in storage in Wolford Mountain Reservoir that is available to the Applicant pursuant to agreements with Middle Park Water Conservancy District is delivered to the Colorado River by way of Muddy Creek in order to supply downstream appropriators, and an equivalent amount of water is diverted at the headgate of the Dillon Ditch on Salt Lick Gulch, tributary to the Blue River, or in the alternative, diverted at a pump station on the Blue River at Dillon Reservoir for storage in Old Dillon Reservoir, as more fully described herein. Location of structures and exchange reach: A. Upstream termini: The upstream termini of the Exchange are: (i) the point of diversion for the Dillon Ditch, located on the south bank of Salt Lick Gulch at a point whence the SE corner of Section 14, T.5 S., R.78 W. of the 6th P.M. bears South 81º58' East 1832 feet; also described as a point located in the SW ¼ of the SE ¼ of Section 14, Township 5 South, Range 78 West of the 6th P.M., approximately 290 feet from the South section line and 1,910 feet from the East section line of said Section 14; and (ii) a pump station to be located on the Blue River at Dillon Reservoir at a point located in the SW ¼ of the SE ¼ of Section 13, Township 5 South, Range 78 West of the 6th P.M., approximately 210 feet from the South section line and 1355 feet from the East section line of said Section 13. B. Downstream terminus: The downstream terminus of the Exchange is the confluence of the Blue River and the Colorado River, in the NW1/4 NE1/4 of Section 19, T.1 N., R.80 W. of the 6th P.M., Grand County, Colorado. C. Old Dillon Reservoir: Old Dillon Reservoir is located in the SW1/4 SE1/4 and SE1/4 SW1/4 of Section 13, T.5 S., R.78 W. of the 6th P.M., Summit County, Colorado. Water and water rights used for substitution/replacement: The substitute/replacement source for the Exchange is water stored in Wolford Mountain Reservoir, to which the Applicant is or may become entitled pursuant to an option agreement dated June 30, 2003 between Summit County and Middle Park Water Conservancy District (“Middle Park”) and subsequent agreements between Summit County and Middle Park. Middle Park has an interest in 3,000 acre-feet of water stored in Wolford Mountain Reservoir by virtue of an agreement dated December 17, 1992 between the Colorado River Conservation District, the Board of County Commissioners of Grand County, and Middle Park. The dam is located in the SW1/4 NE1/4 of Section 25, T.2N., R.81W. of the 6th P.M., Grand County, Colorado. The source of Wolford Mountain Reservoir is Muddy Creek and its tributaries, all tributary to the Colorado River. The Wolford Mountain Reservoir is owned and operated by the Colorado River Conservation District and has the following water rights: A. Case No. 87CW283: Decree Date: November 20, 1989. Court: District Court, Water Div. No. 5. Amount: 59,993 AF. Appropriation Date: December 14, 1987. Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. B. Case No. 95CW281: Decree Date: August 26, 1997. Court: District Court, Water Div. No. 5. Amount: 6,000 AF (enlargement). Appropriation Date: Jan. 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial, recreational and environmental mitigation. C. Case No. 98CW237: Decree Date: July 6, 2000. Court: District Court, Water Div. No. 5. Amount: 30,000 AF (refill). Appropriation Date: Nov. 17, 1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Cases No. 87CW283 and 95CW281. Appropriation: A. Date: December 16, 2008. B. How appropriation was initiated: By formation of the requisite intent to appropriate and completion of substantial steps in furtherance of such intent, including, but not limited to, approval of a resolution by the Board of County


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Commissioners of Summit Count evincing Summit County’s intent to appropriate the appropriative right of exchange which is the subject of this application. C. Date water applied to beneficial use: N/A Amount: 8 c.f.s. with a total volumetric limit on the exchange of 300 acre-feet per year, conditional. Uses: The water diverted by exchange will be used for municipal, domestic, commercial, irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, wildlife watering, and all other beneficial uses, with the right of reuse, successive use, and disposition to extinction. 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: The Dillon Ditch, the pump station to be located on the Blue River at Dillon Reservoir, and Old Dillon Reservoir are located on land owned by the United States Forest Service, Dillon Ranger District, P.O. Box 620, Silverthorne, CO 80498. WHEREFORE, Applicant respectfully requests that the Court enter a decree granting this application and awarding the conditional appropriative right of exchange described herein, and granting such other relief to Applicant as the Court deems just and proper. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 55. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW203 IN RIO BLANCO COUNTY, COLORADO. APPLICATION FOR WATER STORAGE RIGHTS, CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF EXXON MOBIL CORPORATION, DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 - 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and Address of Applicant: Exxon Mobil Corporation ("ExxonMobil"), P.O. Box 4358, CORP-MI-3006, Houston, TX 77210-4358. Direct all pleadings to: Glenn E. Porzak, Kristin Howse Moseley, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Introduction: The Exxon B&M Reservoir and the Exxon Love Ranch Reservoir, which are the subjects of this application, were originally adjudicated for 50 a.f. and 30 a.f. conditional, respectively, in Case No. 98CW259 by the District Court in and for Water Division 5 (the “Water Court”). The Exxon B&M Reservoir has been constructed and utilized at a capacity of 56.1 a.f.; the Exxon Love Ranch Reservoir has been constructed and utilized at a capacity in excess of 30 a.f. ExxonMobil filed an application for diligence and to make water rights absolute on even date herewith, which seeks to have the 50 a.f. decreed to the Exxon B&M Reservoir and the 30 a.f. decreed to the Exxon Love Ranch Reservoir in Case No. 98CW259 made absolute. The purpose of this application is to file for a first enlargement of the Exxon B&M Reservoir in the amount of 6.1 a.f., absolute and a first enlargement of the Exxon Love Ranch Reservoir in the amount of up to 10 a.f. absolute or, alternatively, any amount not made absolute, up to 10 a.f. conditional; together with the right to fill and refill the Exxon B&M Reservoir and the Exxon Love Ranch Reservoir to their total decreed capacities whenever water is available in priority. ExxonMobil also seeks to correct the legal descriptions of the outlets of the Exxon B&M Reservoir and Exxon Love Ranch Reservoir to be consistent with their surveyed locations. 3. Structures to be Adjudicated: (a)Exxon B&M Reservoir, First Enlargement and Refill Right; and, (b) Exxon Love Ranch Reservoir, First Enlargement and Refill Right. A map depicting the locations of the B&M Reservoir and Love Ranch Reservoir as enlarged and changed herein is attached hereto as Exhibit A. 4. Description of Structures and Enlargements: (a) Location: (1) The decreed location of the Exxon B&M Reservoir outlet is located in the NE1/4 SW1/4 of Section 26, T.2 S., R. 97 W., 2300 feet from the S. section line and 2450 feet from the W. section line of said Section 26. (2) The decreed location of the Exxon Love Ranch Reservoir outlet is located in the SE1/4 NW1/4 of Section 9, T. 2 S., R. 97 W., 2600 feet from the N. section line and 1400 feet from the W. section line of said Section 9. (b) Source: (1)The source for the Exxon B&M Reservoir is Piceance Creek, tributary to the White River, by means of the Belot & Moffat Ditch and alternately by means of the ExxonMobil B&M Reservoir Pumping Station located at the NE1/4 SW1/4 of Section 26, T. 2 S., R. 97 W., 6th P.M., 2,040 feet from the S. section line, 3,560 feet from the E. section line of said Section 26, which alternate point of diversion is currently pending approval in Case No. 06CW265. (2) The source for the Exxon Love Ranch Reservoir is Piceance Creek by means of the German Consolidated Ditch and by the ExxonMobil Love Ranch Reservoir Pumping Station located at the SW1/4 SW1/4 of Section 9, T. 2 S., R. 97 W., 6th P.M., 1,350 feet from the S. section line and 1,260 feet from the W. section line of said Section 9, and by the ExxonMobil Love Ranch Reservoir Pumping Station Alternate Point of Diversion located at the NW1/4 SW1/4 of Section 9, T. 2 S., R. 97 W., 2470 feet from the S. section line and 1230 feet from the W. section line of said Section 9, which alternate points of diversion are currently pending approval in Case No. 06CW265. (c)Amount: (1) Exxon B&M Reservoir, First Enlargement: 6.1 a.f., absolute, together with the right to fill and refill the reservoir to its total decreed capacity whenever water is available in priority. (2) Exxon Love Ranch Reservoir, First Enlargement: up to 10 a.f. absolute or, alternatively, any amount not made absolute, up to 10 a.f. conditional, together with the right to fill and refill the reservoir to its total decreed capacity whenever water is available in priority. Diversion records for Exxon B&M Reservoir and Exxon Love Ranch Reservoir are attached hereto as Exhibit B.


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(d) Appropriation Date: (1) Exxon B&M Reservoir, First Enlargement and Refill Right: December 31, 2001. (2) Exxon Love Ranch Reservoir, First Enlargement and Refill Right: December 31, 2001. (e) Uses: Domestic, industrial, mining, commercial, irrigation, dust suppression and augmentation uses on property within the Piceance Creek and Yellow Creek Basins in which ExxonMobil or its subsidiaries or affiliates own an interest, and all property within the Piceance Creek and Yellow Creek basins upon which its oil, gas and energy exploration and recovery operations are performed, all as generally depicted on the map attached as Exhibit C. 5. Change of Water Rights: ExxonMobil seeks to correct the legal description for the outlets of the Exxon B&M Reservoir, as enlarged, and Exxon Love Ranch Reservoir, as enlarged, as follows: (a) The Exxon B&M Reservoir outlet is located in the SE1/4 NW1/4 of Section 26, T. 2 S, R. 97 W., 6th P.M., 2250 feet from the North section line and 2520 feet from the West section line of said Section 26. (b)The Exxon Love Ranch Reservoir outlet is located in the NE1/4 SW1/4 of Section 9, T. 2 S., R. 97 W., 6th P.M., 2450 feet from the South section line and 1500 feet from the west section line of said Section 9. 6. Augmentation Plan: The water rights described in paragraph 4 above shall be subject to and augmented by ExxonMobil’s existing augmentation and exchange plan decreed in Case No. 98CW259 and by the augmentation and exchange plans pending in Case Nos. 05CW285 and 05W294, the sources of which are listed below. Except to include the foregoing increased amounts of storage and correct the foregoing legal descriptions of Exxon B&M Reservoir and Exxon Love Ranch Reservoir, ExxonMobil does not seek to modify any terms of the augmentation and exchange plan decreed in Case No. 98CW259, or the augmentation and exchange plans pending in Case Nos. 05CW285 and 05CW294. (a)Ryan Gulch Reservoir. This water right was decreed by the Rio Blanco County District Court in Civil Action No. 1269 for 22,635.2 acre-feet for industrial, municipal, domestic, recreational and manufacturing purposes, including water for the mining, retorting and production of shale oil from oil shale, with a December 15, 1963 appropriation date. The source of this water right is Piceance Creek and the Reservoir is located in Sections 21, 28, 29, 32 and 33, T. 1 S., R. 97 W. of the 6th P.M. and in Sections 4 and 5, T. 2 S., R. 97 W. of the 6th P.M. (b) White River Pumping Pipeline. This water right was decreed by the Rio Blanco County District Court in Civil Action No. 1269 for 100 cfs for industrial, domestic, municipal, recreational, manufacturing and other beneficial uses, with a December 15, 1963 appropriation date. The source of this water right is the White River, and the headgate of the pipeline is a pumping plant located at a point on the left bank of the White River whence corner No. 3 of Tract 40, Section 2, T. 1 N., R. 97 W. of the 6th P.M. bears South 10° 42' West a distance of 1507.2 feet and whence the South Quarter Corner of Section 2, T. 1 N., R. 97 W. of the 6th P.M. bears 01° 51' West a distance of 37,459.5 feet. (c) Love Ranch Water Rights. See the water rights described in the attached Exhibit D. (d) Boies/N&L Ditches. See the water rights described in the attached Exhibit E. (e) B&M Ditch. See the water rights described in the attached Exhibit F. (f) Hunter Creek Ditches. See the water rights described in the attached Exhibit G. (g) Willow Creek Ditches. See the water rights described in the attached Exhibit H. (h) Boies Reservoir. Decreed by the Rio Blanco County District Court in Civil Action 1269 for 31,020.8 a.f. for domestic, irrigation, industrial, municipal, recreation and manufacturing purposes with an appropriation date of July 10, 1961. The reservoir is located in Sections 19, 20, 29, 30, and 31, T. 2 S., R. 97 W. of the 6th P.M. and in Sections 24 and 25, T. 2 S., R. 98 W., 6th P.M. The initial point of survey of the high water line is located at a point whence the Southwest Corner of Section 19, T. 2 S., R. 97 W., 6th P.M. bears S. 80°28' W., a distance of 8,204 feet. (i) Bainbrick and Mikkelsen Ditch Nos. 1 & 2. This water right was decreed in C.A. 323 by the District Court for the County of Rio Blanco on August 16, 1920, for 0.375 cubic feet per second for irrigation purposes, with an appropriation date of May 1, 1904. The source of water is Black Sulphur Creek, a tributary of Piceance Creek. As changed in Case No. 94CW262, the point of diversion is in the SW1/4 SW1/4, Section 24, T. 2 S., R. 98 West, 6th P.M. at a point 900 feet from the S. line and 500 feet from the W. line. (j) Black Eagle Ditch No. 1. This water right was decreed on October 22, 1890, for the diversion of 2.0 cfs for irrigation purposes, with an appropriation date of April 16, 1887. The source of water is Black Sulphur Creek, a tributary of Piceance Creek. As changed in Case No. 94CW262, the point diversion is on the north bank of said Black Sulphur Creek at a point whence the Southeast corner of Section 19, T. 2 South, R. 97 W., 6th P.M. bears South 50º East 791 feet. An alternate point of diversion was also decreed in Case No. 94CW262, located on the north bank of Black Sulphur Creek in the SW1/4 SW1/4, Section 19, T. 2 S., R. 97 W., 6th P.M. at a point 750 feet from the S. line and 450 feet from the W. line of said Section 19. (k) Black Eagle Ditch No. 1, First Enlargement. This water right was decreed on May 26, 1942, for the diversion of 3.95 cfs for irrigation purposes, with an appropriation date of May 1, 1917. The source of water is Black Sulphur Creek, a tributary of Piceance Creek. The originally decreed point diversion is located on the north bank of Black Sulfur Creek at a point whence the Southeast corner of Section 13, T. 2 S., R. 98 W., 6th P.M. bears South 50º East 791 feet. Case No. 05CW294, which is currently pending, seeks to change the point of diversion to a point located on the north bank of Black Sulfur Creek at a point whence the Southeast corner of Section 19, T. 2 S., R. 97 W., 6th P.M. bears South 50º East 791 feet and to an alternate point of diversion located on the north bank of Black Sulphur Creek in the SW1/4 SW1/4, Section 19, T. 2 S., R. 97 W., 6th P.M. at a point 750 feet from the S. line and 450 feet from the W. line of said Section 19. (l) Black Eagle Ditch No. 2. This water right was decreed on October 22, 1890, for the diversion of 2.0 cfs for irrigation purposes, with an appropriation date of April 16, 1887. The source of water is Black Sulphur Creek, a tributary of Piceance Creek. As changed in Case No. 94CW262, the point of diversion is located on the south bank of Black Sulfur Creek at a point whence the Southeast corner of Section 19, T. 2 S., R. 97 W., 6th P.M. bears South 52º 50’ East 729 feet. An alternate point of diversion was also decreed in Case No. 94CW262, located on the south bank of Black Sulphur Creek in the SW1/4 SW1/4, Section 19, T. 2 S., R. 97 W., 6th P.M. at a point 750 feet from the S. line and 450 feet from the W. line of said Section 19. (m) Black Eagle Ditch No. 2, First Enlargement. This water right was decreed on May 26, 1942, for the diversion of 3.95 cfs for irrigation purposes, with an appropriation date of May 1, 1917. The source of water is Black Sulphur Creek, a tributary of Piceance Creek. The originally decreed point of diversion is located on the south bank of Black


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Sulfur Creek at a point whence the Southeast corner of Section 13, T. 2 S., R. 98 W., 6th P.M. bears South 52º 50’ East 729 feet. Case No. 05CW294, which is currently pending, seeks to change the point of diversion to a point located on the south bank of Black Sulfur Creek at a point whence the Southeast corner of Section 19, T. 2 S., R. 97 W., 6th P.M. bears South 52º 50’ East 729 feet and to an alternate point of diversion located on the south bank of Black Sulphur Creek in the SW1/4 SW1/4, Section 19, T. 2 S., R. 97 W., 6th P.M. at a point 750 feet from the S. line and 450 feet from the W. line of said Section 19. (n) DD Taylor Ditch. This water right was decreed in Garfield County District Court on May 10, 1889, for the diversion of 2.0 cfs for irrigation purposes, with an appropriation date of April 5, 1887. The source of water is Black Sulphur Creek, a tributary of Piceance Creek, and the point of diversion is located on the north bank about six miles above the junction of said creeks, on Section 27, T. 2 S., R. 98 W., 6th P.M. (o) Desert Ditch. This water right was decreed in C.A. 624 on May 26, 1942, for the diversion of 0.43 cfs for irrigation purposes, with an appropriation date of June 12, 1914. As changed in Case No. 94CW262, the source of water is Black Sulphur Creek, and the location of the headgate is in the SW1/4 NW1/4, Section 33, T. 2 S., R. 98 W., 6th P.M. at a point 2,150 feet from the N. line and 1,300 feet from the W. line. (p)Desert Ditch, First Enlargement. This water right was decreed on May 26, 1942, for the diversion of 1.0 cfs for irrigation purposes, with an appropriation date of May 1, 1917. The originally decreed source of water is Fawn Creek and the originally decreed point of diversion is in Section 33, T. 2 S., R. 98 W., 6th P.M. at a point whence the Northeast corner of Section 28, T. 2 S., R. 98 W., 6th P.M. bears North 19º 36’ East 6,733 feet. Case No. 05CW294, which is currently pending, seeks to change the source to Black Sulfur Creek and to change the point of diversion to a point located in the SW1/4 NW1/4, Section 33, T. 2 S., R. 98 W., 6th P.M. at a point 2,150 feet from the N. line and 1,300 feet from the W. line. (q) Duckett Ditch. This water right was decreed in C.A. 534 on August 15, 1932, for the diversion of 1.2 cfs for irrigation purposes, with an appropriation date of June 10, 1918. The source of water is Black Sulphur Creek, a tributary of Piceance Creek. As changed in Case No. 94CW262, the location of the headgate is in the NE1/4 SE1/4, Section 6, T. 3 S., R. 98 W., 6th P.M. at a point 2,100 feet from the S. line and 600 feet from the E. line. (r) J W Bainbrick Ditch Nos. 1 & 2. This water right was decreed in C.A. 323 on August 16, 1920, for the diversion of 0.86 cfs for irrigation purposes, with an appropriation date of July 1, 1893. The source of water is Black Sulphur Creek, a tributary of Piceance Creek. As changed in Case No. 94CW262, the point of diversion is in the SW1/4 SE1/4, Section 23, T. 2 S., R. 98 W., 6th P.M. at a point 250 feet from the S. line and 2,250 feet from the E. line. (s) Schweizer Ditch. This water right was decreed in C.A. 340 on October 22, 1890, for the diversion of 2.6 cfs for irrigation purposes, with an appropriation date of September 30, 1888. The source of water is Black Sulphur Creek, a tributary of Piceance Creek. As changed in Case No. 94CW262, the point of diversion is in the SW1/4 SE1/4, S. 32, T. 2 S., R. 98 W., 6th P.M. at a point 50 feet from the S. line and 2,150 feet from the E. line. (t) Fawn Creek Ditch. This water right was decreed in C.A. 340 on October 22, 1890, for the diversion of 1.2 cfs for irrigation purposes, with an appropriation date of May 1, 1887. The source of water is Fawn Creek. As changed in Case No. 94CW262, the point of diversion is in the SE1/4 NW1/4, Section 27, T. 3 S., R. 98 W., 6th P.M. at a point 1,400 feet from the N. line and 1,950 feet from the W. line. (u) Fawn Creek Ditch, First Enlargement. This water right was decreed on May 26, 1942, for the diversion of 1.33 cfs for irrigation purposes, with an appropriation date of May 1, 1917. The source of water is Fawn Creek. The originally decreed point of diversion is located at a point whence the NW corner of Section 27, T. 3 S., R. 98 W., 6th P.M., bears North 25º 2’ West 4,240 feet. Case No. 05CW294, which is currently pending, seeks to change the point of diversion to a point located in the SE1/4 NW1/4, Section 27, T. 3 S., R. 98 W., 6th P.M. at a point 1,400 feet from the N. line and 1,950 feet from the W. line. (v)Hutchinson Spring Ditch. This water right was decreed in C.A. 340 on October 22, 1890, for the diversion of 0.5 cfs for stockwatering and irrigation purposes, with an appropriation date of July 18, 1889. The source of water is Fawn Creek, and the point of diversion is located in the SE1/4 NE1/4, Section 30, T. 2 S., R. 97 West, 6th P.M. at a point 2,000 feet from the North line and 350 feet from the East line of said Section 30. In Case No. 94CW262, this right was decreed for an alternate point of diversion at the O.I. See Ditch, located in the SE1/4 SW1/4, Section 30, T. 2 S., R. 97 W., 6th P.M. at a point 420 feet from the S. line and 2,500 feet from the W. line of said Section 30. (w) McGee Ditch. This water right was decreed on May 26, 1942, for the diversion of 0.35 cfs for irrigation purposes, with an appropriation date of May 1, 1890. The source of water is Fawn Creek, and the point of diversion is in the NW1/4 NW1/4, Section 27, T. 2 S., R. 98 W., 6th P.M. (x) McGee Ditch, First Enlargement. This water right was decreed on May 26, 1942, for the diversion of 0.81 c.f.s. for irrigation use with an appropriation date of May 1, 1917. The source of water is Fawn Creek, and the point of diversion is in the NW1/4 NW1/4, Section 27, T. 2 S., R. 98 W., 6th P.M. (y) No Name Ditch. This water right was decreed on October 22, 1890, for the diversion of 0.4 cfs for irrigation use with an appropriation date of May 1, 1887. The source of water is Fawn Creek, and the point of diversion is in the NE1/4 SW1/4, Section 30, T. 2 S., R. 97 W., 6th P.M. (z) O I See Ditch. This water right was decreed on October 22, 1890, for the diversion of 1.2 cfs for irrigation use with an appropriation date of April 27, 1887. The source of water is Fawn Creek, and the point of diversion is in the SW1/4 SE1/4, Section 30, T. 2 S., R. 97 W., 6th P.M. (aa) O I See Ditch, First Enlargement. This water right was decreed on May 10, 1889, for the diversion of 0.5 cfs for irrigation use with an appropriation date of July 18, 1889. The source of water is Fawn Creek, and the point of diversion is in the SW1/4 SE1/4, Section 30, T. 2 S., R. 97 W., 6th P.M. (bb) Exxon Boies/Black Sulphur Reservoir. Decreed for 50 af conditional, the source of which is Black Sulphur Creek by means of the Boies Ditch described herein. The reservoir outlet is located in the NW1/4 SE1/4 of Section 20, T. 2 S., R. 97 W., 2550 feet from the S. section line and 1900 feet from the E. section line of said Section 20. (cc) Exxon Hunter Creek Reservoir. Decreed for 30 af conditional, the source of which is Hunter Creek by means of the Gilmore Ditch described herein. The reservoir outlet is located in the NW1/4 SE1/4 of Section 30, T. 3 S., R. 97 W., 1900 feet from the S. section line and 2200 feet from the E. section line of said Section 30. (dd) Exxon Willow Creek Reservoir. Decreed for 30 af conditional, the source of which is Willow Creek by means of the Taylor Ditch described herein. The


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reservoir outlet is located in the NE1/4 NW1/4 of Section 34, T. 3 S., R. 97 W., 100 feet from the N. section line and 1800 feet from the W. section line of said Section 34. (ee) Exxon B&M Reservoir; Exxon B&M Reservoir, First Enlargement; Exxon Love Ranch Reservoir; Exxon Love Ranch Reservoir, First Enlargement. More particularly described in paragraphs 2 and 4 above. 6. Names and addresses of owners of land upon which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The Exxon B&M Reservoir and the Exxon Love Ranch Reservoir are located on land owned by ExxonMobil. WHEREFORE, ExxonMobil request that this Court enter a decree that: (i) Adjudicates the water rights described in paragraphs 3 and 4; (ii) Approves the change of water rights described in paragraph 5; (iii) Approves the plan for augmentation and exchange described in paragraph 6; and (iv) Finds that as a result of the subject changes of water rights and plan for augmentation and exchange, there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional right. (17 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 56. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW204 GRAND COUNTY. Source: Antelope Creek, trib. to Muddy Creek, trib. to the Colorado River. Application for Change of Water Right and Approval of Plan for Aug. including Exchange by William H. Thomas and Gunsight Pass Ranch. ℅ BALCOMB & GREEN, PC, attn: Sara Dunn, PO Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. CHANGE OF WATER RIGHT: Antelope Ditch. Prior decree: CA113, Water Dist. 50, Grand Cty. Dist. Ct. Adjudicated: 8/11/1906. Point of Diversion: CA113: point in Sec. 8, T3N, R80W. 6PM running generally in a SE direction, 1.5 miles. Applicants request for an alternate point of diversion is pending in 06CW279 Div. 5 Water Court, located downstream on Antelope Creek in the NW1/4 SW1/4 Sec. 16, T3N, R80W, 6PM at a point 2300 ft. from S. Sec. line, 225 ft. from W. Sec. line of Sec. 16 Approp: 4/8/1886. Amt: 3.0 cfs. Historical use: Irr. Proposed change: Applicants seek to change the use of the Antelope Ditch from irr. only to irr. and aug and plan to permanently dry-up 7.83 ac. of historically irr. area. PLAN FOR AUG. INCL. APPROP. RIGHT OF EXCHANGE. Structures to be Augmented: Aunt Olive’s Spring; First Enlargement of the Antelope Creek No. 2 Ditch; Aunt Olive’s Ponds Pumping Station; Aunt Olive’s Pond No. 1 and Aunt Olive’s Pond No. 2, Antelope Creek Reservoir, all pending in 06CW279, Div. 5 Water Ct. Water rights to be used for aug: Wolford Mountain Reservoir. The CRWCD owns and operates Wolford Mountain Reservoir. Legal description of place of storage SW1/4 NE1/4 Sec. 25, T2N, R81W, 6PM. The intersection of the dam axis (Sta. D19+35.61) with the W. Access Road (Sta. WR50+55 .05) occurs at a point bearing S. 53 deg. 24'56" E., 3395.51 ft. from NW corner of Sec. 25; the bearing of dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75 deg. 28' 29" E. Source: Muddy Creek and its tributaries. Previous storage decrees: 87CW283 dated 11/20/1989, Dist. Ct., Water Div. No. 5. Amt: 59,993 af. Approp. 12/14/1987 for all beneficial uses, incl. dom., muni., ag., rec. 95CW281 dated 8/26/1997, Dist. Ct., Water Div. No. 5., Amt.: 6,000 af. (enlargement). Approp. 1/16/1995 for all beneficial incl. dom., muni., ind., irr., ag., piscatorial, rec., environmental mitigation. 98CW237 dated 7/6/2000, Dist. Ct., Water Div. No. 5. Amt: 30,000 af. (refill). Approp: 11/17/1998 for beneficial uses previously adjudicated for Wolford Mountain Reservoir in 87CW283 and 95CW281. Ruedi Reservoir. The River Dist. is entitled to deliveries of water from Ruedi Reservoir pursuant to contract with the U.S. Bureau of Reclamation. Legal description of place of storage: Ruedi Reservoir is located in Sec.s 7, 8, 9, 11, 14-18, T8S, R84W, 6PM, in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Sec. 7, T8S, R84W, 6PM bears N. 82 deg. 10'W, 1285 ft. Source: Fryingpan River. Previous storage decrees: CA 4613 dated 6/20/1958, Garfield Cty. Dist. Ct. Amt: 140,697.3 af., reduced to 102,369 af. pursuant to order of the Dist. Ct., Water Div. No. 5 in W-789-76. Approp: 7/29/1957, for Dom., muni., irr., ind., generation of electrical energy, stock watering and piscatorial uses. 81CW34 dated 4/8/1985, Dist. Ct., Water Div. No. 5. Amt: 101,280 af. (refill). Approp. 1/22/1981 for Irr., dom., muni., generation of electrical energy, stock watering, ind., piscatorial, rec. uses and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. Antelope Ditch: Prior decree: CA113 described above. Statement of plan for aug. Applicants seek to augment out-of-priority evaporative depletions caused by the ponds described herein. The Antelope Creek Reservoir has a cond. irr. right; however, Applicants will not augment irr. use. Applicants will obtain an allotment contract from CRWCD for 28.91 af. (28 af. for filling storage structures and 0.91 af consumed by evaporation) for aug. by exchange. Exchange: Amt. of 2.0 cfs, up to 28.91 af., cond., annually. Approp. date of 6/29/2006. Upstream termini: Aunt Olive’s Spring: The upstream terminus is Aunt Olive’s Spring in the NE1/4 SE1/4 of Sec. 17, T3N, R80W, 6PM, 1785 ft. from S. Sec. line, 650 ft. from E. Sec. line of Sec. 17. Antelope Creek No. 2 Ditch, First Enlargement: The upstream terminus is Antelope Creek No. 2 Ditch, First Enlargement at a point in Sec. 8, T3N, R80W, 6PM running generally SW 2.25 miles. Aunt Olive’s Ponds Pumping Station: The upstream terminus located in the SE1/4 SE1/4 Sec. 17, T3N, R80W, 6PM, 500 ft. from S. Sec. line, 475 ft. from E. Sec. line Sec. 17. Aunt Olive’s Pond No. 1. The upstream terminus , located in the SE1/4 SE1/4 of Sec. 17, T3N, R80W, 6PM, 980 ft. from S. Sec. line, 325 ft. from E. Sec. line of Sec. 17.


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Aunt Olive’s Pond No. 2, in the SE1/4 SE1/4 of Sec. 17, T3N, R80W, 6PM, 710 ft. from S. Sec. line, 400 ft. from E. Sec. line of Sec. 17. Antelope Creek Reservoir, in the SW1/4 SW1/4 of Sec. 16, T3N, R80W, 6PM, 1,025 ft. from S. Sec. line, 240 ft. from W. Sec. line of Sec. 16. Downstream termini: The downstream terminus of the exchange is Wolford Mountain Reservoir as described above and the confluence of the Roaring Fork River and the Colorado River in the SE1/4, NW1/4 of Sec. 9, T6S, R89W, 6PM, approx. 2200 ft. from N. Sec. line, 2350 ft. from W. Sec. line. Historical Consumptive Use from Antelope Ditch Dry-up: At times when the appropriative right of exchange is not in-priority, Applicants will use HCU water from dry-up of 7.83 ac. of land historically irr. by the Antelope Ditch. To the extent the CU credits are not needed to offset evaporative losses from the ponds, the excess credits would be available for other uses upon subsequent approval from the Water Ct. Applicants own 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. (19 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

57. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW205 Mesa County. Application for Conditional Surface Water Rights. Applicant: The Estate of Norva Gunderson by Jerry Gunderson as personal representative, 1505 Riesling Court, Las Vegas, NV 89144. (Send all pleadings and correspondence to: John R. Hill, Jr., Bratton Hill, LLC, 232 W. Tomichi Ave., Ste. 202, Gunnison, CO 81230; 970-641-1903 [email protected]). FIRST CLAIM (Application for Conditional Surface Right in Gunderson Ranch Ditch No. 1). Name of ditch: Gunderson Ranch Ditch No. 1. Legal description of point of diversion: At a point in the NE¼SW¼ Section 13, Township 9 South, Range 93 West of the 6th P.M. approximately 1400 feet from the west line and 2500 feet from the south line of said Section 13. UTM Coordinates 13S 255482E 4351313N. Source: Collier Creek, a tributary of Buzzard Creek, a tributary of Plateau Creek, a tributary of the Colorado River. Facts related to appropriation: Date of initiation of appropriation: April 30, 2008. Appropriation initiated by formation of intent to appropriate coupled with site reconnaissance on April 30, 2008. Date water applied to beneficial use: Not applicable to conditional water right. Amount claimed: 1 cfs conditional for irrigation of approximately 40 acres in the SE¼NW¼ Section 13, Township 9 South, Range 93 West of the 6th P.M. SECOND CLAIM (Application for Conditional Surface Right in Gunderson Ranch Ditch No. 2). Name of ditch: Gunderson Ranch Ditch No. 2. Legal description of point of diversion: At a point in the SW¼NW¼ Section 13, Township 9 South, Range 93 West of the 6th P.M. approximately 900 feet from the west line and 1750 feet from the north line of said Section 13. UTM Coordinates 13S 255331E 4351641N. Source: Collier Creek, a tributary of Buzzard Creek, a tributary of Plateau Creek, a tributary of the Colorado River. Facts related to appropriation: Date of initiation of appropriation: April 30, 2008. Appropriation initiated by formation of intent to appropriate coupled with site reconnaissance on April 30, 2008. Date water applied to beneficial use: Not applicable to conditional water right. Amount claimed: 1 cfs conditional for irrigation of approximately 40 acres in the S½NW¼ Section 13, Township 9 South, Range 93 West of the 6th P.M. THIRD CLAIM (Application for Conditional Surface Right in Gunderson Ranch Ditch No. 4). Name of ditch: Gunderson Ranch Ditch No. 4 Legal description of point of diversion: At a point in the NE¼SW¼ Section 13, Township 9 South, Range 93 West of the 6th P.M. approximately 2500 feet from the west line and 2250 feet from the south line of said Section 13. UTM Coordinates 13S 255792E 4351192N. Source: Collier Creek, a tributary of Buzzard Creek, a tributary of Plateau Creek, a tributary of the Colorado River. Facts related to appropriation: Date of initiation of appropriation: April 30, 2008. Appropriation initiated by formation of intent to appropriate coupled with site reconnaissance on April 30, 2008. Date water applied to beneficial use: Not applicable to conditional water right. Amount claimed: 1 cfs conditional for irrigation of approximately 40 acres in the NE¼SW¼, NW¼SE¼ and SE¼SW¼ Section 13, Township 9 South, Range 93 West of the 6th P.M. Name(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 pool: Applicant, address as above. (4 pages plus map). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


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58. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 08CW206 (98CW259). IN RIO BLANCO COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF EXXON MOBIL CORPORATION, DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 - 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and address of applicant. Exxon Mobil Corporation ("ExxonMobil"), P.O. Box 4358, CORP-MI-3006, Houston, TX 77210-4358. Direct all pleadings to: Glenn E. Porzak, Kristin Howse Moseley, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Names of Structures. (a) Surface Water Diversions: (1) Exxon Upper Piceance Creek Diversion. (2) Exxon Piceance Creek Diversion. (3) Exxon Lower Piceance Creek Diversion. (4) Exxon Thirteen Mile Creek Diversion. (5) Exxon Willow Creek Diversion. (6) Exxon Hunter Creek Diversion. (7) Exxon Upper Fawn Creek Diversion. (8) Exxon Lower Fawn Creek Diversion. (9) Exxon Upper Black Sulphur Creek Diversion. (10) Exxon Middle Black Sulphur Creek Diversion. (11) Exxon Black Sulphur - Fawn Creek Diversion. (12) Exxon Black Sulphur - Piceance Creek Diversion. (13) Exxon Middle Fork Stewart Creek Diversion. (14) Exxon East Fork Stewart Creek Diversion. (15) Exxon Upper Dry Fork Diversion. (16) Exxon Lower Dry Fork Diversion. (17) Exxon Yellow Creek Diversion. (18) Exxon Duck Creek Diversion. (19) Exxon Corral Creek Diversion. (20) Exxon Ryan Gulch Diversion. (b) Storage structures: (1) Exxon Love Ranch Reservoir. (2) Exxon Boies/Black Sulphur Reservoir. (3) Exxon B&M Reservoir. (4) Exxon Hunter Creek Reservoir. (5) Exxon Willow Creek Reservoir. (6) Exxon Yellow Creek Reservoir. (7) Exxon Dry Creek Reservoir. 3. Description of conditional water rights. The following described water rights were decreed by the District Court in and for Water Division No. 5 (“Water Court”) in Case No. 98CW259, dated December 30, 2002. (a) The following described surface water rights are each decreed with an appropriation date of November 17, 1998, for domestic, industrial, mining, commercial, irrigation and dust suppression uses on property within the Piceance Creek and Yellow Creek Basins in which ExxonMobil or its subsidiaries or affiliates owned an interest as of December 30, 2002, and also all property within the Piceance Creek and Yellow Creek basins upon which its oil, gas and energy exploration and recovery operations are performed: (1) Exxon Upper Piceance Creek Diversion, for 4.0 cfs conditional, the source of which is Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 NE1/4 of Section 1, T. 4 S., R. 95 W., 1050 feet from the N. section line and 2250 feet from E. section line of said Section 1. (2) Exxon Piceance Creek Diversion, for 4.0 cfs conditional, the source of which is Piceance Creek, a tributary of the White River. The originally decreed point of diversion is located in the SE1/4 SE1/4 of Section 9, T. 2 S., R. 97 W., 2200 feet from S. section line and 1150 feet from W. section line of said Section 9. ExxonMobil has sought to correct the legal description of the Exxon Piceance Creek Diversion originally decreed in Case No. 98CW259 as follows: NW1/4 SW1/4 of Section 9, T. 2 S., R. 97 W., 2200 feet from the S. section line and 1150 feet from the W. section line of said Section 9, which change is currently pending in Case No. 06CW265. In Case No. 06CW265, ExxonMobil is also seeking approval to alternatively divert the Exxon Piceance Creek Diversion at the ExxonMobil Love Ranch Pumping Station located at SW1/4 SW1/4 of Section 9, T. 2 S., R. 97 W., 6th P.M., 1,350 feet from the S. section line and 1,260 feet from the W. section line of said Section 9. (3) Exxon Lower Piceance Creek Diversion, 4.0 cfs conditional, the source of which is Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 NE1/4 of Section 15, T. 1 S., R. 97 W., 2500 feet from N. section line and 2200 feet from E. section line of said Section 15. (4) Exxon Thirteen Mile Creek Diversion, 1.0 cfs conditional, the source of which is Thirteen Mile Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 SW1/4 of Section 33, T. 2 S., R. 94 W., 280 feet from S. section line and 440 feet from W. section line of said Section 33. (5) Exxon Willow Creek Diversion, 2.0 cfs conditional, the source of which is Willow Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 SE1/4 of Section 4, T. 4 S., R. 97 W., 1800 feet from S. section line and 1900 feet from E. section line of said Section 4. (6) Exxon Hunter Creek Diversion, 2.0 cfs conditional, the source of which is Hunter Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 SW1/4 of Section 31, T. 3 S., R. 97 W., 2200 feet from S. section line and 900 feet from W. section line of said Section 31. (7) Exxon Upper Fawn Creek Diversion, 1.0 cfs conditional, the source of which is Fawn Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 NE1/4 of Section 22, T. 3 S., R. 98 W., 1500 feet from N. section line and 1550 feet from E. section line of said Section 22. (8) Exxon Lower Fawn Creek Diversion, 2.0 cfs conditional, the source of which is Fawn Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 SW1/4 of Section 30, T. 2 S., R. 97 W., 250 feet from S. section line and 2600 feet from W. section line of said Section 30. (9) Exxon Upper Black Sulphur Creek Diversion, 1.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NW1/4 of Section 5, T. 3 S., R. 98 W., 1800 feet from N. section line and 1600 feet from W. section line of said Section 5. (10) Exxon Middle Black Sulphur Creek Diversion, 2.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NE1/4 of Section 27, T. 2 S., R. 98 W., 1700 feet from N. section line and 600 feet from E. section line of said Section 27. (11) Exxon Black Sulphur - Fawn Creek Diversion, 2.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 SW1/4 of Section 20, T. 2 S., R. 97 W., 1100 feet from S. section line and 1250 feet from W. section line of said Section 20. (12) Exxon Black Sulphur - Piceance Creek Diversion, 2.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of


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Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 NW1/4 of Section 21, T. 2 S., R. 97 W., 100 feet from N. section line and 900 feet from W. section line of said Section 21. (13) Exxon Middle Fork Stewart Creek Diversion, 3.0 cfs conditional, the source of which is Stewart Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NE1/4 of Section 4, T. 4 S., R. 96 W., 1600 feet from N. section line and 1100 feet from E. section line of said Section 4. (14) Exxon East Fork Stewart Creek Diversion, 3.0 cfs conditional, the source of which is Stewart Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 SW1/4 of Section 35, T. 3 S., R. 96 W., 1650 feet from the S. section line and 1150 feet from the W. section line of said Section 35. (15) Exxon Upper Dry Fork Diversion, 1.0 cfs conditional, the source of which is Dry Fork, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 SW1/4 of Section 4, T. 2 S., R. 95 W., 1300 feet from the S. section line and 1350 from the W. section line of said Section 4. (16) Exxon Lower Dry Fork Diversion, 3.0 cfs conditional, the source of which is Dry Fork, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 SW1/4 of Section 31, T. 1 N., R. 96 W., 1150 feet from the S. section line and 2300 from the W. section line of said Section 31. (17) Exxon Yellow Creek Diversion, 3.0 cfs conditional, the source of which is Yellow Creek, a tributary of the White River. The point of diversion is located in the SW1/4 NW1/4 of Section 11, T. 1 S., R. 98 W., 1640 feet from the N. section line and 880 feet from the W. section line of said Section 11. (18) Exxon Duck Creek Diversion, 1.0 cfs conditional, the source of which is Duck Creek, a tributary of Yellow Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NW1/4 of Section 12, T. 1 S., R. 99 W., 1920 feet from the N. section line and 1480 feet from the W. section line of said Section 12. (19) Exxon Corral Creek Diversion, 1.0 cfs conditional, the source of which is Corral Creek, a tributary of Yellow Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NW1/4 of Section 35, T. 1 S., R. 99 W., 2600 feet from the N. section line and 2560 feet from the W. section line of said Section 35. (20) Exxon Ryan Gulch Diversion, 1.0 cfs conditional, the source of which is Ryan Gulch, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 NE1/4 of Section 25, T. 2 S., R. 99 W., 300 feet from the N. section line and 2400 feet from the E. section line of said Section 25. (b) The following described water storage rights were decreed with an appropriation date of December 14, 1998, for domestic, industrial, mining, commercial, irrigation and dust suppression uses on property within the Piceance Creek and Yellow Creek basins in which ExxonMobil or its subsidiaries or affiliates own an interest: (1) Exxon Love Ranch Reservoir, 30 acre feet conditional, the source of which is Piceance Creek by means of the German Consolidated Ditch, and alternately by means of ExxonMobil Love Ranch Reservoir Pumping Station located at the SW1/4 SW1/4 of Section 9, T. 2 S., R. 97 W., 6th P.M., 1,350 feet from the S. section line and 1,260 feet from the W. section line of said Section 9, and by the ExxonMobil Love Ranch Reservoir Pumping Station Alternate Point of Diversion located at the NW1/4 SW1/4 of Section 9, T. 2 S., R. 97 W., 2470 feet from the S. section line and 1230 feet from the W. section line of said Section 9, which alternate points of diversion are currently pending approval in Case No. 06CW265. The originally decreed location of the reservoir outlet is in the SE1/4 NW1/4 of Section 9, T. 2 S., R. 97 W., 2600 feet from the N. section line and 1400 feet from the W. section line of said Section 9. A change of water right for the Exxon Love Ranch Reservoir is claimed in Case No. 08CW203, filed together herewith, to correct the legal description of the reservoir outlet as follows: NE1/4 SW1/4 of Section 9, T. 2 S., R. 97 W., 6th P.M., 2450 feet from the South section line and 1500 feet from the west section line of said Section 9. (2) Exxon Boies/Black Sulphur Reservoir, 50 acre feet conditional, the source of which is Black Sulphur Creek by means of the Boies Ditch, and alternately by means of ExxonMobil Boies/Black Sulphur Pumping Station located at the NW1/4 SE1/4 of Section 20, T. 2 S., R. 97 W., 6th P.M., 2,000 feet from the S. section line and 2,310 feet from the E. section line of said Section 20, which alternate point of diversion is currently pending approval in Case No. 06CW265. The reservoir outlet is located in the NW1/4 SE1/4 of Section 20, T. 2 S., R. 97 W., 2550 feet from the S. section line and 1900 feet from the E. section line of said Section 20. (3) Exxon B&M Reservoir, 50 acre feet conditional, the source of which is Piceance Creek by means of the Belot & Moffat Ditch, and alternately by means of the ExxonMobil B&M Reservoir Pumping Station located at the NE1/4 SW1/4 of Section 26, T. 2 S., R. 97 W., 6th P.M., 2,040 feet from the S. section line, 3,560 feet from the E. section line of said Section 26, which alternate point of diversion is currently pending approval in Case No. 06CW265. The originally decreed location of the reservoir outlet is in the NE1/4 SW1/4 of Section 26, T. 2 S., R. 97 W., 2300 feet from the S. section line and 2450 feet from the W. section line of said Section 26. A change of water right for the Exxon B&M Reservoir is claimed in Case No. 08CW203, filed together herewith, to correct the legal description of the reservoir outlet as follows: SE1/4 NW 1/4 of Section 26, T. 2 S, R. 97 W., 6th P.M., 2250 feet from the North section line and 2520 feet from the West section line of said Section 26. (4) Exxon Hunter Creek Reservoir, 30 acre feet conditional, the source of which is Hunter Creek by means of the Gilmor Ditch, and alternately by means of ExxonMobil Hunter Creek Reservoir Pumping Station located at the NW1/4 NE1/4 of Section 30, T. 3 S., R. 97 W., 6th P.M., 1225 feet from the S. section line and 2,500 feet from the E. section line of said Section 30, which alternate point of diversion is currently pending approval in Case No. 06CW265. The reservoir outlet is located in the NW1/4 SE1/4 of Section 30, T. 3 S., R. 97 W., 1900 feet from the S. section line and 2200 feet from the E. section line of said Section 30. (5) Exxon Willow Creek Reservoir, 30 acre feet conditional, the source of which is Willow Creek by means of the Taylor Ditch, and alternately by means of ExxonMobil Willow Creek Reservoir Pumping Station located at the NE1/4 NW1/4 of Section 34, T. 3 S., R. 97 W., 6th P.M., 475 feet from the N. section line, 1440 feet from the W section line of said Section 34, which alternate point of diversion is currently pending approval in Case No. 06CW265. The reservoir outlet is located in the NE1/4 NW1/4 of Section 34, T. 3 S., R. 97 W., 100 feet from the N. section line and 1800 feet from the W. section line of said Section 34. (6) Exxon Yellow Creek Reservoir, 30 acre feet conditional, the source of which is Yellow Creek by means of the Exxon Yellow Creek Diversion. The reservoir outlet is


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located in the NE1/4 NW1/4 of Section 11, T. 1 S., R. 98 W., 400 feet from the N. section line and 1400 feet from the W. section line of said Section 11. (7) Exxon Dry Creek Reservoir, 20 acre feet conditional, the source of which is Dry Fork Creek by means of the Upper Dry Fork Diversion. The reservoir outlet is located in the SW1/4 SW1/4 of Section 4, T. 2 S., R. 95 W., 600 feet from the S. section line and 100 feet from the W. section line of said Section 4. (c) Conditional Right of Exchange: In Case No. 98CW259, the Water Court decreed a plan for augmentation involving several exchanges, with an appropriation date of November 17, 1998, for all exchanges, as more particularly described in paragraph 8 of that decree. The downstream terminus of all of the exchanges is the White River Pumping Pipeline, located at a point on the left bank of the White River whence corner No. 3 of Tract 40, Section 2, T. 1 N., R. 97 W. of the 6th P.M. bears South 10° 42' West a distance of 1507.2 feet and whence the South Quarter Corner of Section 2, T. 1 N., R. 97 W. of the 6th P.M. bears 01° 51' West a distance of 37,459.5 feet. The upstream termini of the exchanges are as follows:

Exchange Creek Diversion Name Application Description

Exchange Rate

Piceance Creek Exxon Upper Piceance Creek Diversion ¶ 3(a)(1) 4 cfs

Thirteen Mile Creek Exxon Thirteen Mile Creek Diversion ¶ 3(a)(4) 1 cfs

Willow Creek Exxon Willow Creek Diversion ¶ 3(a)(5) 2 cfs

Hunter Creek Exxon Hunter Creek Diversion ¶ 3(a)(6) 2 cfs

Fawn Creek Exxon Upper Fawn Creek Diversion ¶ 3(a)(7) 2 cfs

Black Sulphur Creek Exxon Upper Black Sulphur Creek Diversion

¶ 3(a)(9) 1 cfs

Middle Fork Stewart Creek Exxon Middle Fork Stewart Creek Diversion

¶ 3(a)(13) 3 cfs

East Fork Stewart Creek Exxon East Fork Stewart Creek Diversion ¶ 3(a)(14) 3 cfs

Dry Fork Exxon Upper Dry Fork Diversion ¶ 3(a)(15) 1 cfs

Yellow Creek Exxon Yellow Creek Diversion ¶ 3(a)(17) 3 cfs

Duck Creek Exxon Duck Creek Diversion ¶ 3(a)(18) 1 cfs

Corral Creek Exxon Corral Creek Diversion ¶ 3(a)(19) 1 cfs

Ryan Gulch Exxon Ryan Gulch Diversion ¶ 3(a)(20) 1 cfs 4. Water Rights Made Absolute. Applicant seeks a finding that the following water rights and amounts have been made absolute: (a) Exxon Piceance Creek Diversion at a rate of 0.82 c.f.s. Water was diverted in priority at this rate at the location described in paragraph 3(a)(2) above, and has been put to the decreed beneficial uses of industrial, mining and commercial as of July 2, 2008. (b) Exxon Lower Fawn Creek Diversion at a rate of 1.22 c.f.s. Water was diverted in priority at this rate at the location described in paragraph 3(a)(8) above, and has been put to the decreed beneficial uses of industrial, mining and commercial as of July 2, 2008. (c) Exxon Black Sulfur-Fawn Creek Diversion at a rate of 1.29 c.f.s. Water was diverted in priority at this rate, at the location described in paragraph 3(a)(11) above, and has been put to the decreed beneficial uses of industrial, mining and commercial as of June 21, 2008. (d) Exxon Love Ranch Reservoir, at a capacity of 30 acre feet. Construction of the Exxon Love Ranch Reservoir was completed during 2001. Exxon Love Ranch Reservoir was filled to capacity on or about April 30, 2002, and the water stored therein was subsequently put to the decreed beneficial uses of industrial, mining, commercial and dust suppression. (e) Exxon B&M Reservoir, at a capacity of 50 acre feet. Construction of the Exxon B&M Reservoir was completed during 2001. Exxon B&M Reservoir was filled to capacity on or about April 30, 2002, and the water stored therein was subsequently put to the decreed beneficial uses of domestic, industrial, mining, commercial and dust suppression. (f) ExxonMobil reserves the right to make absolute claims for any other water rights that are the subject of this application and are put to their decreed beneficial use prior to the entry of a final decree in this matter. (g) Diversion records for the structures described in paragraphs 4(a) – 4(e) above are attached hereto as Exhibit A. 5. Detailed outline of work done to complete project and apply water to beneficial use: Mobil Corporation merged with and became a first tier subsidiary corporation of Exxon Corporation on November 30, 1999, and on the same date, Exxon Corporation changed its name to Exxon Mobil Corporation (previously defined as ExxonMobil). ExxonMobil owns or controls property and water rights in the Piceance Creek, Yellow Creek and White River basins in Rio Blanco County (the “White River Project”), which it uses for energy resource development and processing. Since the subject water rights were decreed in Case No. 98CW259, on December 30, 2002, ExxonMobil has engaged in the following specific activities that demonstrate its diligence and that were necessary to ultimately apply the subject


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water rights to their decreed beneficial uses: A. After the corporate merger in 1999, Resource Engineering, Inc. and Wright Water Engineers, Inc. were retained to perform a water rights and property optimization study and create a computer database model of the consolidated portfolio of water resources. This optimization study was and continues to be essential to ensure that ExxonMobil is able to utilize its water rights portfolio in the most efficient manner. This optimization study is ongoing. B. ExxonMobil constructed a produced water handling, treatment and disposal system that can handle 40,000 barrels per day (one barrel equals approximately 42 gallons). C. ExxonMobil constructed a large diameter gathering system for natural gas and liquids that conveys 200 million cubic feet per day to the Enterprise Plant. D. ExxonMobil drilled approximately 91 natural gas wells, utilizing portions of the subject water rights. E. ExxonMobil constructed two tank batteries, one for 40,000 barrels per day of water and one for 2,000 barrels per day of condensate. F. ExxonMobil constructed a field control and office complex to manage its White River Project. G. ExxonMobil obtained a decree in Water Court Case No. 01CW276 on January 23, 2008, approving its Application for Finding of Reasonable Diligence and to Make Water Rights Absolute. The case involved Ryan Gulch Reservoir and the White River Pumping Pipeline, which are augmentation sources for the plan for augmentation and exchange that is the subject of this case. H. ExxonMobil designed, constructed and filled Exxon Love Ranch Reservoir described in paragraph 3(b)(1) above. Exxon Love Ranch Reservoir serves as a component part of the subject plan for augmentation and exchange and is claimed as an absolute water right in this application. R.S. Bennett Construction Company, Wright Water Engineers, Inc. and White River Electric were hired as consultants to design and construct the Exxon Love Ranch Reservoir. Costs associated therewith have been excess of $1,000,000. I. ExxonMobil designed, constructed and filled the Exxon B&M Reservoir described in paragraph 3(b)(3) above. Exxon B&M Reservoir serves as a component part of the subject plan for augmentation and exchange and is claimed as an absolute water right in this application. R.S. Bennett Construction Company, Wright Water Engineers, Inc. and White River Electric were hired as consultants to design and construct Exxon B&M Reservoir. Costs associated therewith have been in excess of $1,000,000. J. ExxonMobil expanded its Piceance Creek Unit processing plant capacity from 30 million cubic feet per day to 55 million cubic feet per day. K. ExxonMobil has monitored the water rights applications of other water users in Water Division No. 5 and has entered cases that appeared to jeopardize ExxonMobil’s’ water rights. L. ExxonMobil currently has two applications pending in the Water Court, Case Nos. 05CW285 and 05CW294, that involve water rights decreed or quantified in Case No. 98CW289. Particularly relevant to this diligence proceeding is the application in Case No. 05CW294, which seeks approval of a plan for augmentation to allow the out-of-priority diversion of most of the water rights described in paragraph 3 above. M. ExxonMobil has obtained a substitute water supply plan from the Office of the State Engineer to utilize water rights quantified in Case No. 98CW259 for use in the pending augmentation plan in Case No. 05CW285, which enables diversions through its Hunter Creek Wells decreed in Case No. W-814. N. ExxonMobil implemented diversions for Exxon Piceance Creek Diversion, Exxon Lower Fawn Creek Diversion and Exxon Black Sulfur-Fawn Creek Diversion as more particularly described above. O. Under paragraph 9(i) of the plan for augmentation decreed in Case No. 98CW259, ExxonMobil is required to notify the Division Engineer by April 1st of each year of the lands that will be removed from irrigation in order for consumptive use credits to be available for use in the subject plan for augmentation. Each year, ExxonMobil has provided notice of the lands to be removed from irrigation in compliance with this provision. The most acreage designated for dry-up since the entry of the decree in Case No. 98CW259 was 581 acres in 2008. P. The water rights that are the subject of this case are a part of an integrated water supply system for the White River Project and that any activities to develop any component of the integrated water system demonstrate diligence to all conditional water rights and exchanges that are a part of such system. Q. In connection with the foregoing activities, ExxonMobil has spent many millions of dollars. 6. Name and address of the owner of the land on which any new diversion or storage structure is or will be constructed, or upon which is or will be stored. A. Colorado Department of Wildlife, 6060 Broadway, Denver, CO 80216. B. XTO Energy, c/o/ K. E. Andrews & Co., P.O. Box 870849, Mesquite, TX 75187. C. Bureau of Land Management, White River Field Office, 220 E. Market St., Meeker, CO 81641. D. Adah Bossart, P.O. Box 1842 Rifle, CO 81650. E. Lov Land Co., 439 CO Rd. 5, Rifle, Co. 81650. F. Encana Oil & Gas (USA) Inc., 3615 S Huron St., Suite 200, Englewood, CO 80110. G. Oil Shale Corp. 4001 Penbrook St., Odessa, TX 7976; H. Puckett Land Co. 5460 South Quebec St., Suite 250, Greenwood Village, CO 80111. I. Shell Frontier Oil & Gas, Inc., Property Tax Department, P.O. Box 4369, Houston, TX 77210-0200. J. Shults Ranch, LLLP, P.O. Box 987 Meeker, CO 81641. k. Equity Oil Company, 1700 Broadway, Suite 2300, Denver, CO 80290-2300. l. Atlantic Richfield Company, 1700 Summit Avenue, Suite 2, Plano, TX 75074. WHEREFORE, ExxonMobil respectfully requests that the Court enter the following findings: (a) 0.82 cfs of the Exxon Piceance Creek Diversion has been placed to beneficial use for industrial, mining and commercial purposes and has thereby been made absolute for those uses; (b) 1.22 cfs of the Exxon Lower Fawn Creek Diversion has been placed to beneficial use for industrial, mining and commercial purposes and has thereby been made absolute for those uses; (c) 1.29 cfs of the Exxon Black Sulfur-Fawn Creek Diversion has been placed to beneficial use for industrial, mining and commercial purposes and has thereby been made absolute for those uses; (d) 30 a.f. of the Exxon Love Ranch Reservoir has been constructed and has been placed to the beneficial uses of industrial, mining, commercialand dust suppression purposes, and has thereby been made absolute; (e) 50 a.f. of the Exxon B&M Reservoir has been constructed and has been placed to the beneficial uses of domestic, industrial, mining, commercialand dust suppression purposes, and has thereby been made absolute; (f) ExxonMobil has exercised reasonable diligence in the development of all water rights that are the subject of this case, and all portions thereof, not made absolute, and such rights are continued as conditional in full force and effect for all remaining amounts and uses; (g) ExxonMobil has exercised reasonable diligence in the development of all rights of exchange that are the subject of this case and such rights of exchange are continued as conditional in full force and effect for all remaining amounts and uses; and (h) The water rights


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that are the subject of this case are a part of an integrated water supply system for the White River Project and that any activities to develop any component of the integrated water system shall demonstrate diligence to all conditional water rights and exchanges that are a part of such system. (22 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 59. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 07CW244 GARFIELD COUNTY. THOMPSON CREEK. Puckett Land Company (“Puckett”) and Petroleum Development Corporation (“PDC”); c/o Trout, Raley, Montano, Witwer & Freeman, P.C., Peter D. Nichols, Esq. and Douglas M. Sinor, Esq., 1120 Lincoln Street, Suite 1600, Denver, CO 80203, (303) 861-1963; and Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and William M. Stenzel, Esq., 730 E. Durant Ave, Suite 200, Aspen, CO 81611. FIRST AMENDMENT TO APPPLICATION FOR UNDEGROUND WATER RIGHTS. Purpose of Amendment: To update the location of the Puckett Well Field to reflect current project configuration. Paragraph 3 of the original application is amended as follows: The Puckett Well Field is located in that portion of the NE¼ SE¼ Sec. 29, T. 6 S, R.96 W, 6th PM, within 100 feet of Parachute Creek, consisting of approximately 9.6 acres. See map on file with the Court. Paragraphs 10 and 20 of the original application are amended to include the case numbers assigned to the three water rights applications filed in 2007.. All other information in the original Application remains unchanged. All previous statements of opposition will be of continuing force and effect and apply to the First Amended Application. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 60. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 07CW245 GARFIELD COUNTY. THOMPSON CREEK. Puckett Land Company (“Puckett”) and Petroleum Development Corporation (“PDC”); c/o Trout, Raley, Montano, Witwer & Freeman, P.C., Peter D. Nichols, Esq. and Douglas M. Sinor, Esq., 1120 Lincoln Street, Suite 1600, Denver, CO 80203, (303) 861-1963; and Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and William M. Stenzel, Esq., 730 E. Durant Ave, Suite 200, Aspen, CO 81611. FIRST AMENDMENT TO APPPLICATION FOR WATER STORAGE RIGHTS. Purpose of Amendment: To clarify that the Co-Applicants are claiming storage rights for up to three ponds, the Haystack Mountain Pond No. 1, Haystack Mountain Pond No. 2, and Haystack Mountain Pond No. 3, collectively the Haystack Mountain Ponds, rather than for the single pond described in the original application; and to provide additional information about the Haystack Mountain Ponds and other minor clarifications. See map on file with the Court. Paragraphs 11, 21, 31, 40, and 49 of the original application are amended to include the case numbers assigned to the three water rights applications filed in 2007.. Paragraph 12 is amended as follows: Co-Applicants claim up to three ponds to be known as Haystack Mountain Pond No. 1, Haystack Mountain Pond No. 2, and Haystack Mountain Pond No. 3, collectively the “Haystack Mountain Ponds.” Paragraph 13.A. is amended as follows: The Haystack Mountain Ponds are planned as a series of up to three ponds located in a 13.4 acre area located in the SW1/4 NW1/4 and the NW1/4 SW1/4 of Sec. 1, T. 7 S, R. 97 W, 6th P.M., Garfield County, with the center point of this area located at a point 2,330 feet from the North section line and 710 feet from the West section line. These ponds will be named the Haystack Mountain Pond No. 1, Haystack Mountain Pond No. 2, and Haystack Mountain Pond No. 3. Co-Applicants are still in the process of developing the exact locations of the reservoir dams for these ponds, and the final design configuration for these ponds may include a storage tank or tanks in lieu of one or more of the Haystack Mountain Ponds. The Co-Applicants claim the right to change the configuration or location of the Haystack Mountain Ponds as needed within the 13.4 acre area described above without further amending this application. However, currently the pond series are more particularly described as follows: i) Haystack Mountain Pond 1: located in the SW1/4 NW1/4 of Sec. 1, T. 7 S, R. 97 W of the 6th P.M., with the middle of the pond lying at a point approximately 1,990 feet from the North section line and 690 feet from the West section line; ii) Haystack Mountain Pond 2: located in the NW1/4 SW1/4 of Sec. 1, T. 7 S, R. 97 W of the 6th P.M., with the middle of the pond lying at a point approximately 2,570 feet from the South section line and 550 feet from the West section line; iii) Haystack Mountain Pond 3: located in the NW1/4 SW1/4 of Sec. 1, T. 7 S, R. 97 W of the 6th P.M., with the middle of the pond lying at a point approximately 2,340 from the South section line and 450 feet from


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the West section line. Paragraph 16.A. is amended to reflect the amounts claimed for the Haystack Mountain Ponds, as follows: i) Haystack Mountain Pond 1: 12.9 acre-feet, conditional ii) Haystack Mountain Pond 2: 7.8 acre-feet, conditional iii) Haystack Mountain Pond 3: 2.6 acre-feet, conditional. Paragraph 18 of the original application is amended to reflect the surface areas of high water lines for the Haystack Mountain Ponds, to indicate that the height of all three dams will be less than 10 feet, and to include the length of all three dams: Surface area of high water line: i) Haystack Mountain Pond 1: 1.3 acres, ii) Haystack Mountain Pond 2: 0.9 acres, iii) Haystack Mountain Pond 3: 0.3 acres. Maximum height of each dam: less than 10 feet. Lengths of dams: i) Haystack Mountain Pond 1: approximately 1,070 feet, ii) Haystack Mountain Pond 2: approximately 1000 feet, ii) Haystack Mountain Pond 3: approximately 600 feet. Paragraph 19 is amended to reflect the cumulative total capacity of the Haystack Mountain Ponds: Total capacity of reservoirs: 23.30 acre-feet. Cumulative active capacity: 23.30 acre-feet. Cumulative dead storage: 0 acre-feet. All other information in the original Application remains unchanged. All previous statements of opposition will be of continuing force and effect and apply to this First Amended Application. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 61. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2008. 07CW254 Applicant, Williams Production RMT Company, c/o Michael J. Gardner, 1058 County Road 325, P.O. Box 370, Parachute, CO 81635, Christopher L. Thorne, Esq., William H. Caile, Esq., Holland & Hart, LLP, 555 17th Street, Ste. 3200, Denver, CO 80202, Telephone (303) 295-8000. AMENDED APPLICATION FOR CONDITIONAL WATERS RIGHTS IN RIO BLANCO COUNTY. 2. Overview of Application: Applicant is the owner of property known as the Ryan Gulch Ranch (“Ranch”) located in Rio Blanco County, Colorado. The purpose of this application is to obtain determination of conditional water rights, including direct flow, storage, and appropriative rights of exchange, for a number of beneficial uses including without limitation the irrigation and enhancement of the Ranch property, and industrial uses associated with oil and gas and other mineral production. An area map depicting the Ranch property and the approximate location of the structures identified herein is attached hereto as Exhibit 1. CLAIM FOR CONDITIONAL DIRECT FLOW WATER RIGHTS 3. Name of Structure: Ryan Gulch Spring No. 1 Pump and Pipeline. A. Legal Description: Located in NE 1/4 of SW 1/4 Section 19, Township 2 South, Range 98 West of 6th P.M. at an approximate distance of 2,276 feet from the South Section Line and 2,460 feet from the West Section Line, in Rio Blanco County. B. Source: Naturally occurring spring in Ryan Gulch, tributary to Piceance Creek, tributary to the White River. C. Appropriation i) Date of appropriation: September 5, 2007. ii) How appropriation was initiated: By field inspection, selection of point of diversion and the formation of intent to appropriate water. iii) Date water was applied to beneficial use: Not applicable. D. Amount Claimed: 0.75 cubic feet per second (“cfs”), CONDITIONAL. 4. Name of Structure: Ryan Gulch Diversion Structure No. 1 Pump and Pipeline. A. Legal Description: Located in the NE 1/4 of the SW 1/4 of Section 19, Township 2 South, Range 98 West of 6th P.M. at an approximate distance of 2,351 feet from the South Section Line and 2,535 feet from the West Section Line, in Rio Blanco County. B. Source: Surface flows in Ryan Gulch, tributary to Piceance Creek, tributary to the White River. C. Appropriation i) Date of appropriation: September 5, 2007. ii) How appropriation was initiated: By field inspection, selection of point of diversion and the formation of intent to appropriate water. iii) Date water was applied to beneficial use: Not applicable. D. Amount Claimed: 5.0 cfs, CONDITIONAL. 5. Proposed Uses Commercial, mining, manufacturing, irrigation, domestic, construction, recreation, evaporation, augmentation, livestock watering, wildlife, piscatorial, fire protection, road construction and maintenance, dust suppression, and industrial uses, directly or by storage and exchange. Water diverted under the above-described rights will be put to direct use, stored for later use as provided herein, and used by substitution and exchange. In addition, such water may be used and successively used to extinction to the extent permitted by law. Lands proposed to be irrigated include approximately 60 acres located on Applicant’s Ranch in section 19, Township 2 South, Range 98 West of the 6th P.M. 6. Owners of Land Upon Which Structures Will be Located Applicant (see above). CLAIM FOR CONDITIONAL STORAGE RIGHTS 7. Names of Structures: Ryan Gulch Ranch (“RGR”) Ponds Nos. 1 through 5. A. Legal Descriptions: i) RGR Pond No. 1. An off-channel reservoir located in the SW 1/4 of the NE 1/4 of Section 19, Township 2 South, Range 98 West of the 6th P.M. in Rio Blanco County. The midpoint of the dam axis will be approximately 1,925 feet from the North Section Line and 3,605 feet from the West Section Line. ii) RGR Pond No. 2. An off-channel reservoir located in the SW 1/4 of the NE 1/4 of Section 19, Township 2 South, Range 98 West of the 6th P.M. in Rio Blanco County. The midpoint of the dam axis will be approximately 1,895 feet from the North Section Line and 3,295 feet from the West Section Line. iii) RGR Pond No. 3. An off-channel reservoir located in the SW 1/4 of the NE 1/4 of Section 19, Township 2 South, Range 98 West of the 6th P.M. in Rio Blanco County. The midpoint of the dam axis will be approximately 2,258 feet from the North Section Line and 3,312 feet from the West Section Line. iv) RGR Pond No. 4. An off-channel reservoir located in the SW 1/4 of the NE 1/4 of Section 19, Township 2 South, Range 98 West of the 6th P.M. in Rio Blanco County. The midpoint of the dam axis will be approximately 2,563


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feet from the North Section Line and 2,961 feet from the West Section Line. v) RGR Pond No. 5. An off-channel reservoir located in the SW 1/4 of the NE 1/4 of Section 19, Township 2 South, Range 98 West of the 6th P.M. in Rio Blanco County. The midpoint of the dam axis will be approximately 2,558 feet from the North Section Line and 3,356 feet from the West Section Line. B. Points of diversion: i) Ryan Gulch Spring No. 1 Pump and Pipeline (see above). ii) Ryan Gulch Diversion Structure No. 1 (see above). C. Appropriation: i) Date of appropriation for RGR Ponds Nos. 1 through 5: September 5, 2007. ii) How appropriation was initiated: By field inspection, selection of point of diversion and the formation of intent to appropriate water. iii).Date water was applied to beneficial use: Not applicable. D. Amounts Claimed: i) Applicant claims the following amounts for the RGR Ponds Nos. 1 through 5: 1. RGR Pond No. 1: 4.5 acre feet, CONDITIONAL. 2. RGR Pond No. 2: 4.6 Acre feet, CONDITIONAL. 3. RGR Pond No. 3: 4.1 Acre feet, CONDITIONAL. 4. RGR Pond No. 4: 7.2 Acre feet, CONDITIONAL. 5. RGR Pond No. 5: 6.7 Acre feet, CONDITIONAL. ii) The actual capacities of the individual ponds as constructed may vary from the amounts set forth above; however, the aggregate amount of storage claimed for all ponds is 27.1 acre-feet, CONDITIONAL. Such storage may occur in any combination of the above-referenced ponds. iii) Rates of diversion for filling RGR Ponds Nos. 1 through 5: 1. From Ryan Gulch Spring No. 1 Pump and Pipeline: 0.75 cfs. 2. From Ryan Gulch Diversion Structure No. 1 Pump and Pipeline: 5.0 cfs. iv) Applicant claims the right to fill and refill the RGR Ponds without limitation when in priority. 8. Proposed Use Same as above (see paragraph 5). 9. Size of Structures A. Estimated surface area at high water line: i) RGR Pond No. 1: 1.17 acres ii) RGR Pond No. 2: 1.20 acres iii) RGR Pond No. 3: 1.07 acres iv) RGR Pond No. 4: 1.86 acres v) RGR Pond No. 5: 1.73 acres B. Maximum height of dams in feet: RGR Ponds Nos. 1 through 5 will be constructed as non-jurisdictional structures; the dam height for each pond will not exceed 9.9 feet. C. Estimated length of dams in feet: i) RGR Pond No. 1: 304 ii) RGR Pond No. 2: 450 iii) RGR Pond No. 3: 400 iv) RGR Pond No. 4: 700 v) RGR Pond No. 5:650 10. Estimated Total Capacities of Reservoirs in Acre-feet: A. RGR Pond No. 1: i) Active Storage: 4.5 ii) Dead Storage: 0.0 B. RGR Pond No. 2: i) Active Storage: 4.6 ii) Dead Storage: 0.0 C. RGR Pond No. 3: i) Active Storage: 4.1 ii) Dead Storage: 0.0 D. RGR Pond No. 4: i) Active Storage: 7.2 ii) Dead Storage: 0.0 E. RGR Pond No. 5: i) Active Storage: 6.7 ii) Dead Storage: 0.0 11. Owners of Land Upon Which Structures Will be Located: Applicant (see above). CLAIM FOR CONDITIONAL APPROPRIATIVE RIGHTS OF EXCHANGE 12. Description of claimed exchanges: During periods of valid call by senior water rights, Applicant claims the right to release stored water to the Ryan Gulch drainage from any or all of the RGR Ponds Nos. 1 through 5 as claimed herein, and to simultaneously divert such water by exchange at either the Ryan Gulch Spring No. 1 Pump and Pipeline or the Ryan Gulch Diversion No. 1 Pump and Pipeline. 13. Exchange Reach: The exchanges claimed herein will take place on that reach of Ryan Gulch that lies between the points of diversion identified above, and the points of release from storage in RGR Pond Nos. 1 through 5, all of which are located in Section 19, Township 2 South, Range 98 West of the 6th Prime Meridian in Rio Blanco County. There are no intervening water rights in the exchange reach. A. Exchange To Points: i) Ryan Gulch Spring No. 1 Pump and Pipeline (see above). ii) Ryan Gulch Diversion Structure No. 1 (see above). B. Exchange From Points: Outlet works to RGR Ponds Nos. 1 through 5 (see above). 14. Appropriation: A. Date of appropriation of exchanges: September 5, 2007. B. How appropriation was initiated: By field inspection, selection of point of diversion and the formation of intent to appropriate water. C. Date water was applied to beneficial use: Not applicable. 15. Rate of Exchange: A. To Ryan Gulch Spring No. 1 Pump and Pipeline: 0.75 cfs, CONDITIONAL. B. To Ryan Gulch Diversion Structure No. 1 Pump and Pipeline: 5.0 cfs, CONDITIONAL. 16. Proposed Uses: Same as above (see paragraph 5). GENERAL REMARKS 17. The RGR Ponds Nos. 1 through 5 will be non-jurisdictional structures with maximum dam heights of less than 10 feet. Individual pond sizes, capacities and dam lengths may vary. The total aggregate storage volume at high water line of all ponds will not exceed 27.1 acre feet. 18. The water rights claimed herein comprise Applicant’s Ryan Gulch Water Supply Project (“Project”). The subject water rights can and will be diverted, stored, or otherwise captured, possessed and controlled and will be beneficially used and the Project can and will be completed with diligence and within a reasonable time. The Project is being developed as an integrated water supply project, and diligent application of efforts on one aspect of the project should be considered as diligence on the Project as a whole. 19. Applicant will install and maintain all necessary measuring devices for administration of the subject water rights. 20. There is water available for appropriation in the White River basin and the water rights claimed herein will not injure other water rights. (11 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2009 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 62. SUPREME COURT OF COLORADO -OFFICE OF THE CHIEF JUSTICE-ORDER-IN THE MATTER OF THE APPOINTMENT OF WATER JUDGESUNDER THE WATER RIGHT DETERMINATION AND ADMINISTRATION ACT OF 1969 Pursuant to Section 37-92-203(2), C.R.S. (2008) the following judges are designated or redesignated as water judges for the water divisions of the state for 2009: Division 1 Roger A. Klein


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James Hartmann, Jr.* Division 2

C. Dennis Maes Kirk S. Samelson *

Division 3

O. John Kuenhold Pattie P. Swift*

Division 4

J. Steven Patrick Charles R. Greenacre

Division 5

James B. Boyd Daniel B. Petre*

Division 6

Michael A. O’Hara Mary C. Hoak*

Division 7

Gregory G. Lyman David L. Dickinson*

Dated this ___23rd_____ day of December, 2008. __________/s/_______________________ Mary J. Mullarkey Chief Justice * Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation.

SUPREME COURT OF COLORADO -OFFICE OF THE CHIEF JUSTICE-ORDER-CONCERNING THE APPOINTMENT OF DESIGNATED GROUND WATER JUDGES Pursuant to the provisions of Section 37-90-115(1)(b)(V), C.R.S. (2007), the following district judges are appointed as designated ground water judges for the named designated ground water basins for 2009: Designated Ground Water Basin

Judge

Judicial District

Northern High Plains Camp Creek

John Curtis Penny, Jr. 13th

Kiowa-Bijou Lost Creek

C. Vincent Phelps, Jr.

17th

Upper Black Squirrel Creek Upper Big Sandy

Larry E. Schwartz 4th

Southern High Plains Stanley A. Brinkley 15th Upper Crow Creek Roger A. Klein 19th Dated this ____17th_____ day of December, 2008 ________/s/_________________________ Mary J. Mullarkey Chief Justice

DIVISION 5 WATER COURT-DECEMBER 2008 RESUME · 2010-01-07 · division 5 water court-december 2008...

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