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

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

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of December, 2009. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: CASE NO. 2009CW154. Applicant: Rick Mayo, 10495 C.R. 250, Durango, CO 81301. Application for Water Storage Right: Alta Verde Pond – SW1/4NE1/4SW1/4 of Section 28, T42N, R9W, NMPM. 1,605 feet from the south line and 1,309 feet from the west section line. Source: South Fork San Miguel River. Appropriation Date: 09/14/2008. Amount Claimed: 2.0 acre-feet absolute for stockwater, fish, wildlife and fire protection. SAN MIGUEL COUNTY. CASE NO. 2009CW155 (REF NO. 01CW270). APPLICATION FOR FINDING OF DILIGENCE 1. Applicant: Norwood Water Commission, Finn Kjome, Chairperson, P.O. Box 528, Norwood, CO 81423. Please send all correspondence to Stephen B. Johnson Law Firm, P.C., P.O. Box 726, Telluride, CO 81435. Tel. 970-728-5301 Fax. 970-728-4271 steve@8750law.com 2. Name of structures: NWC Reservoirs Nos. 1, 2, 3 and 4. 3. A. Date of Original Decree: 12-15-2003 Case No. 01CW270 Court: Division 4. C. Legal description: Reservoir No. 1: The existing raw water Reservoir No. 1 Outlet Works is located in Section 6, T44N, R12W, NMPM, in San Miguel County, beginning at the northwest corner of Section 6, thence south 44° 30’east 1,970 feet more or less to the reservoir outlet. Reservoir No. 2: The raw water reservoir is located within a tract of land in Section 36, T45N, R13W, NMPM, in San Miguel County, bordered by a dike 1,160 feet in length, located approximately 40 feet north of the south section line of Section 36, then by a dike 390 feet in length, located approximately 1,480 feet west of the east section line of Section36, then by a dike 1,160 feet in length, located approximately 430 feet north of the south section line of Section 36, and then by a dike 390 feet in length, located approximately 320 feet west of the east section line of Section 36. Reservoir No. 3: The raw water reservoir is located within a tract of land in Section 36, T45N, R13W, NMPM, in San Miguel County, bordered by a dike 1,160 feet in length, located approximately 430 feet north of the south section line of Section 36, then by a dike 390 feet in length, located approximately 1,480 feet west of the east section line of Section 36, then by a dike 1,160 feet in length, located approximately 820 feet north of the south section line of Section 36, and then by a dike 390 feet in length, located approximately 320 feet west of the east section line of Section 36. Reservoir No. 4: The raw water reservoir is located within a tract of land in Section 36, T45N, R13W, NMPM, in San Miguel County, bordered by a dike 460 feet in length, located approximately 430 feet north of the south section line of Section 36, then by a dike 390 feet in length, located approximately 1,940 feet west of the east section line of Section36, then by a dike 460 feet in length, located approximately 820 feet north of the south section line of Section 36, and then by a dike 390 feet in length, located approximately 1480 feet west of the east section line of Section 36. Street Address: 1901 CR 45Y aka 131 CR 45 Y. D. Source of Water: San Miguel River. E. Appropriation Date: December 1, 1994. Amount: Reservoir No. 1: 18.4 acre feet, fill and refill; Reservoir No. 2: 91 acre feet, fill and refill; Reservoir No. 3: 91 acre feet, fill and refill; Reservoir No. 4: 33 acre feet, fill and refill. F. Use: Municipal. 4. The Applicant, Norwood Water Commission ("NWC"), obtained a conditional decree in Case No. 01CW270 for water storage in four reservoirs: NWC Reservoir Nos. 1, 2, 3 & 4. These conditional water storage rights are

described herein as the NWC Storage Rights. Since the decree in Case No. 01CW270 was entered on December 15, 2003, the NWC has continued to pursue the development of the NWC Storage Rights with reasonable diligence. The NWC Storage Rights permits NWC Reservoirs Nos. 1, 2, 3 & 4 to be used to receive and store the water from a conditional 5.0 cfs direct flow surface right adjudicated in Case No. 94CW 244, described herein as the NWC River Diversion. NWC Reservoirs Nos. 1 and 2 are existing reservoirs that currently receive and store water from other water rights owned or controlled by the NWC for delivery to the adjacent NWC Water Treatment Plant and are an integral part of the NWC water system. Since December 15, 2003, the NWC has expended significant amounts of money to improve and expand its overall water supply, treatment and delivery system, including the rehabilitation of a 500,000 gallon storage tank, the installation of a Chloramination System, the installation of a membrane system, and perfection of the NWC River Diversion water right. In 2008 and 2009 the NWC Board secured funding in the amount of $1,290,150.00 for improvements and expansion of the NWC water system. The NWC River Diversion is located in the SE 1/4 SE 1/4 of Section 33, T45N, R12W, NMPM at a point approximately 5 feet north of the south section. The NWC River Diversion water right was confirmed and extended on October 21st, 2008 upon a finding of reasonable diligence entered in Case No. 08CW55. The NWC continues to budget monies as part of the NWC Capital Improvement Plan, which was updated in 2009, for the development and perfection of the NWC River Diversion and the NWC Storage Rights, including construction of the unbuilt NWC Reservoirs Nos. 3 and 4. NWC has conducted meetings with United States Bureau of Land Management ("BLM") representatives in order to complete an application to the BLM for a special use permit to authorize the NWC River Diversion pump station and NWC San Miguel River Pipeline, which will deliver water to NWC Reservoir Nos. 1, 2, 3, & 4 for storage. (7 pages, including 3 map pages). SAN MIGUEL COUNTY. CASE NO. 2009CW156 (REF NO. 02CW217, 02CW218, 02CW219, 02CW230, W-863, W-864, W-865, CA2710). OURAY COUNTY 1. Virginia C. Barker, trustee under declaration of trust of Virginia C. Barker dated 2/9/04, 12375 Pond Road, Burton OH 44021 , by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 2. Name of Structure: McCullough Pond, Fullbright Spring and Ditch priority 200, McCarthy Ditch priority 174, and McCarthy Spring and Pipeline priority 176, Dates of Original Decrees: McCullough Pond: November 13, 2003, Case No. 02CW230 Water Court, Division 4 Fullbright Spring and Ditch, McCarthy Ditch, and McCarthy Spring and Pipeline: September 13, 1971, Civil Action No.2710, Ouray County District Court. Diligence continued in cases W-863, W-864, W-865, 02CW217, 02CW218, and 02CW219 4. Legal Descriptions: The center point of the dam of McCullough Pond is located in the SE1/4NE1/4 of Section 20, Township 45 North, Range 8 West, N.M.P.M., a distance of 2,350 feet from the north line of said section and 200 feet from the east line of said section. McCullough Pond is an off channel reservoir and is to be filled by the Fullbright Spring and Ditch, McCarthy Ditch, and the McCarthy Spring and Pipeline. The points of diversion for the Fullbright Spring and Ditch are (1) Headgate No. 1, located at the Fullbright Spring at a point whence the southeast corner of Section 20, Township 45 North, Range 8 West, N.M.P.M., bears South 28° 03’ East 160 feet, and (2) Headgate No. 2, located on a natural draw into which the Fullbright Spring discharges at a point 500 feet due west of the east quarter corner of said Section 20, Township 45 North, Range 8 West, N.M.P.M. The McCarthy Ditch point of diversion is at the point of emergence of the McCarthy Spring, from which point the east quarter corner of Section 20, Township 45 North, Range 8 West, N.M.P.M. bears south 39° 33’ east 1,261 feet. The McCarthy Spring and Pipeline point of diversion is at the point of emergence of the McCarthy Spring from which point the east quarter corner of

Section 20, Township 45 North, Range 8 West, N.M.P.M., bears south 39° 33’ east 1,261 feet. 5. Dates of Appropriation: McCullough Pond: November 30, 1995; Fullbright Spring and Ditch July 1, 1968; McCarthy Ditch June 1, 1967, and McCarthy Spring and Pipeline June 1, 1967. 6. Amount: McCullough Pond: 1.5 acre-feet; Fullbright Spring and Ditch 0.5 c.f.s; McCarthy Ditch 1.0 c.f.s.; and McCarthy Spring and Pipeline 0.3 c.f.s. 7. Uses: McCullough Pond: stock watering, recreation, fish culture, wildlife, and the irrigation of 110 acres; Fullbright Spring and Ditch: stock watering, fish culture and irrigation; McCarthy Ditch: stock watering; McCarthy Spring and Pipeline: recreation and irrigation. 8. Source of Water: Springs and other water tributary to Cuddigan Gulch, tributary to the Uncompahgre River 9 Claims: Applicant claims to have used these rights for all uses except irrigation. The Application sets forth an outline of work performed during the diligence period toward use for irrigation. Applicant requests that all uses other than irrigation be made absolute, and that the conditional rights for irrigation be continued. OURAY COUNTY. CASE NO. 2009CW157, MESA COUNTY, SPRING TRIBUTARY TO EAST CREEK, TRIBUTARY TO GUNNISON RIVER. Ronald E. Tipping, Clayton D. Tipping and Rodney C. Power, c/o Ronald E. Tipping, 1967 Broadway, Grand Junction, CO 81503, (970) 243-4604, with a copy to Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262; Application for Surface Water Right. Structure: Amber Spring; Legal: The spring is located in the NE1/4 SW1/4, Sec. 1, T. 14 S., R. 100 W., 6th P.M., at a point approx. 1716 ft E of the W section line and 1746 ft N of the S section line of Sec. 1. The GPS coordinates for the point of diversion are as follows: Northing: 4304503.283, Easting: 715024.87, UTM; Zone 12; Units: meters; NAD83; true North; Source: Spring tributary to East Creek, tributary to the Gunnison River; Appropriation Date: December 1, 2009; Amount: 0.033 c.f.s., conditional; Uses: Stockwatering and irrigation of up to fifteen acres of land. The land to be irrigated will be portions of the N1/2 SW1/4 of Sec. 1, T. 14 S., R. 100 W., 6th P.M.; Name and address of owner of land: Point of diversion and place of use are on land owned by the Applicants. (5 pages). MESA COUNTY. CASE NO. 09CW158, MESA COUNTY, UNNAMED TRIBUTARIES OF NORTH FORK OF WEST CREEK, WEST CREEK, DOLORES RIVER. Ronald E. Tipping, William R. Patterson and Rodney C. Power, Ronald E. Tipping, 1967 Broadway, Grand Junction, CO 81503, (970) 243-4604; with a copy to Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Application for Surface Water Rights and Water Storage Rights. FIRST CLAIM FOR RELIEF (Surface Water Right - Spring); Structure: Yellow Jacket Spring; Legal: Spring is located in the SE1/4 SW1/4, Sec. 14, T. 14 S., R. 103 W., 6th P.M., at a point approx. 1765 ft E of the W section line and 725 ft N of the S section line of Sec. 14. The GPS coordinates for the point of diversion are as follows: Northing: 4300331, Easting: 684395, UTM; Zone 12; Units: meters; NAD83; true North; Source: A spring tributary to an unnamed tributary of the North Fork of West Creek, tributary to West Creek, tributary to the Dolores River; Appropriation Date: September 1, 2009; Amount: 0.033 c.f.s., conditional; Uses: Stockwatering, wildlife watering, piscatorial, and irrigation of up to twenty acres of agricultural crops and natural vegetation to enhance forage for wildlife. The land to be irrigated will be portions of the SE1/4 NW1/4, SW1/4 NE1/4, NW1/4 SE1/4, and NE1/4 SW1/4 of Section 14, Township 14 South, Range 103 West, 6th P.M. The water from Yellow Jacket Spring may be used directly for any of the purposes described herein, and/or it may be stored in Yellow Jacket Pond, described in the Second Claim for Relief below, for subsequent release and use for any of such purposes. Names and addresses of landowners: Applicants. SECOND CLAIM FOR

RELIEF (Storage Right); Structure: Yellow Jacket Pond; Legal: The pond is located in the SE1/4 SW1/4, Sec. 14, T. 14 S., R. 103 W., 6th P.M., at a point approx. 1885 ft E of the W section line and 1150 ft N of the S section line of Sec. 14. The GPS coordinates for the point of diversion are as follows: Northing: 4300462, Easting: 684431, UTM; Zone 12; Units: meters; NAD83; true North; Sources: Yellow Jacket Pond derives its source of supply from the Yellow Jacket Spring, described in the First Claim for Relief, and from an unnamed tributary of the North Fork of West Creek on which it is located. In addition, small springs and natural runoff occurring above the pond will flow into and be a source for the pond. All of the sources for the pond are tributary to the North Fork of West Creek, tributary to West Creek, tributary to the Dolores River; Names of ditches used to fill reservoir and capacity in cubic feet of water per second (c.f.s.): Yellow Jacket Pond will be filled in part by Yellow Jacket Spring, described in the First Claim for Relief. Yellow Jacket Pond is located on an unnamed tributary of the North Fork of West Creek, and will be also be filled by water flowing in that tributary and from the other sources listed above; If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Not applicable. Yellow Jacket Pond is located on an unnamed tributary of the North Fork of West Creek. See above for a description of the sources of water for the pond; Appropriation Date: June 1, 2007; Amount: 0.75 acre feet, absolute for stockwatering, wildlife watering, and piscatorial purposes and conditional for irrigation purposes. Applicants also claim the right to fill and refill the pond when water is available in priority; Uses: The water in the Yellow Jacket Pond will be used for stockwatering, wildlife watering, piscatorial, and irrigation of up to twenty acres of agricultural crops and natural vegetation to enhance forage for wildlife. The land to be irrigated will be portions of the SE1/4 NW1/4, SW1/4 NE1/4, NW1/4 SE1/4, and NE1/4 SW1/4 of Sec. 14, T. 14 S., R. 103 W., 6th P.M.; Dam and Reservoir Information: Surface area of high water line: 0.25 acres; Vertical Height of Dam: less than ten feet; Length of Dam: approx. 120 ft.; Capacity Information: Total Capacity: 0.75 acre feet; Active Capacity and Dead Storage: The pond does not currently have a low level outlet. Applicant will install a low level outlet on the pond, after which essentially all of the capacity of the pond will be active capacity; Names and addresses of landowners: Applicants. THIRD CLAIM FOR RELIEF (Surface Water Right - Spring); Name: Wall Spring; Legal: Spring is located in the NW1/4 NW1/4, Sec. 23, T. 14 S., R. 103 W., 6th P.M., at a point approx. 610 ft E of the W section line and 465 ft S of the N section line of Sec. 23. The GPS coordinates for the point of diversion are as follows: Northing: 4299974, Easting: 684042, UTM; Zone 12; Units: meters; NAD83; true North; Source: A spring tributary to an unnamed tributary of the North Fork of West Creek, tributary to West Creek, tributary to the Dolores River; Appropriation Date: September 1, 2009; Amount: 0.033 c.f.s., conditional; Uses: Domestic, stockwatering, wildlife watering, piscatorial, and irrigation of up to forty acres of agricultural crops and natural vegetation to enhance forage for wildlife. The land to be irrigated will be located in the SW1/4 SW1/4 of Sec. 14, T. 14 S., R. 103 W, 6th P.M. The water from the Wall Spring may be used directly for any of the purposes described herein, and/or it may be stored in Wall Pond No. 1 and/or Wall Pond No. 2, described in the Fourth Claim for Relief below, for subsequent release and use for any of such purposes; Names and addresses of landowners: Applicants. FOURTH CLAIM FOR RELIEF (Storage Rights); Structures: Wall Pond No. 1 and Wall Pond No. 2 (collectively, the “Wall Ponds”); Legal: Wall Pond No. 1: Pond is located in the SW1/4 SW1/4, Sec. 14, T. 14 S., R. 103 W. of the 6th P.M., at a point approx. 820 ft East of the W section line and 505 feet N of the S section line of Sec. 14. The GPS coordinates for the point of diversion are as follows: Northing: 4300266; Easting: 684109; UTM; Zone 12; Units: meters; NAD83; true North; Wall Pond No. 2: Pond is located in the SW1/4 SW1/4, Sec. 14, T. 14 S., R. 103 W., 6th P.M., at a point approx. 835 ft E of the W section line

and 195 ft N of the S section line of Sec. 14. The GPS coordinates for the point of diversion are as follows: Northing: 4300173, Easting: 684109, UTM; Zone 12; Units: meters; NAD83; true North; Sources: The Wall Ponds derive their source of supply from the Wall Spring, described in the Third Claim for Relief, and from an unnamed tributary of the North Fork of West Creek on which it is located. In addition, small springs and natural runoff occurring above the Wall Ponds will flow into and be a source for the ponds. All of the sources for the ponds are tributary to the North Fork of West Creek, tributary to West Creek, tributary to the Dolores River; Names of ditches used to fill reservoir and capacity in cubic feet of water per second (c.f.s.): Wall Ponds will be filled in part by Wall Spring, described in the Third Claim for Relief. The Wall Ponds are located on an unnamed tributary of the North Fork of West Creek, and will be also be filled by water flowing in that tributary and from the other sources listed above; If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Not applicable. The Wall Ponds are located on an unnamed tributary of the North Fork of West Creek. See above for a description of the sources of water for the ponds; Appropriation Date: September 1, 2009; Amount: Wall Pond No. 1: 0.75 acre feet, conditional; Wall Pond No. 2: 0.75 acre feet, conditional; Applicants also claim the right to fill and refill the Wall Ponds when water is available in priority; Use: Stockwatering, wildlife watering, piscatorial, and irrigation of up to forty acres of agricultural crops and natural vegetation to enhance forage for wildlife. The land to be irrigated will be located in the SW1/4 SW1/4 of Sec. 14, T. 14 S., R. 103 W., 6th P.M.; Dam and Reservoir Information: Wall Pond No. 1: Surface area of high water line: 0.25 acres; Vertical Height of Dam: less than ten feet; Length of Dam: approximately 120 feet; Wall Pond No. 2: Surface area of high water line: 0.25 acres; Vertical Height of Dam: less than ten feet; Length of Dam: approximately 120 feet; Capacity Information: Wall Pond No. 1: Total Capacity: 0.75 acre feet; Active Capacity: 0.75 acre feet; Dead Storage: 0 acre feet. Wall Pond No. 2: Total Capacity: 0.75 acre feet, Active Capacity: 0.75 acre feet, Dead Storage: 0 acre feet. Names and addresses of landowners: Applicants. (12 Pages). MESA COUNTY. CASE NO. 2009CW159 (REF NO. 06CW152, 00CW2). Applicant: Antonio Daranyi and Barclay Daranyi, P. O. Box 963, Norwood, CO 81423. Application To Make Absolute: Caretaker Spring – SE1/4SW1/4 of Section 15, T45N, R13W, NMPM. 3,200 feet from the south line and 1,700 feet from the east section line. Source: San Miguel River Appropriation Date: 01/06/2000. Amount Claimed: 0.10 c.f.s. absolute for domestic use, irrigation of 10 acres, piscatorial, stockwater, wildlife, and fire protection. The Application on file with the Water Court contains a detailed outline of the work performed during the diligence period. MONTROSE COUNTY. CASE NO. 2009CW160. Applicant: Joel Boulder, 10368 Totem Run, Littleton, CO 80125 and Linda Boulder, P. O. Box 3159, Durango, CO 81302. Application for Change of Water Right: J.H. Anderson Ditch No 2 – Date of Original and all relevant subsequent decrees: July 3, 1929, Case No. CA3728. Court: Montrose. Legal Description of structure: NE1/4NW1/4 of Section 6, T48N, R9W, NMPM. Decreed Source of water: Happy Canyon Creek. Appropriation Date: 09/02/1911. Total amount decreed to structure: 1.22 c.f.s. Decreed use: Irrigation of 47 acres. Amount of water that applicant intends to change: Point of diversion change. Detailed description of proposed change: change point of diversion for J.H. Anderson Ditch No. 2 as shown on Map on file with the water court as follows: NE1/4NW1/4 of Section 6, T48N, R9W, NMPM. 4,279 feet from the north line and 2,574 feet from the west section line. MONTROSE COUNTY.

CASE NO. 2009CW161. Applicant: Keith Henning, P. O. Box 412, Crested Butte, CO 81224. Application for Surface Water Right: Henning Spring – SE1/4NW1/4 of Section 18, T14S, R87W, 6th PM. 2, 489 feet from the north line and 1,723 feet from the west section line. Source: North Fork Gunnison River. Appropriation Date: 08/25/2005. Amount Claimed: .025 c.f.s. absolute for domestic, fire suppression and wildlife. GUNNISON COUNTY. CASE NO. 2009CW162. Applicant: Grosse-Rhode Family Ranch, 41511 Lamborn Mesa Road, Paonia, CO 81428. Application for Change/Correction of Water Rights, and Application for New Storage and Surface Water Rights: Application for Change/Correction: Energy Products Supply Spring No. 1 Pipeline – From Previous/Existing Decree: Date of Decree: 08/27/1982. Case No. 82CW16. Amount: 0.02 c.f.s. Source: North Fork Gunnison River. Location: SE1/4NW1/4 of Section 4, T13S, R92W, 6th PM. 1,950 feet north and 3,600 feet east. Appropriation Date: 09/25/1981. Uses: domestic, stockwater and irrigation. Proposed Correction of Location: SW1/4SE1/4NW1/4 of Section 4, T13S, R92W, 6th PM. 2,124 feet north and 1,967 feet west. Energy Products Supply Spring No. 2 Pipeline – Date of Decree: 08/27/1982. Case No. 82CW17. Amount: 0.02 c.f.s. Source: North Fork Gunnison River. Location: SW1/4SE1/4NW1/4 of Section 4, T13S, R92W, 6th PM. 1,950 feet north and 3,600 feet east. Appropriation Date: 09/25/1981. Uses: domestic, stockwater and irrigation and fish culture. Proposed Correction of Location: SW1/4SE1/4NW1/4 of Section 4, T13S, R92W, 6th PM. 2,124 feet north and 1,967 feet west. Grosse-Rhode Spring No. 14 Pipeline – From Previous Decree/Existing Decree: Date of Decree: 08/27/1982. Case No. 82CW18. Amount: 0.05 c.f.s. Source: North Fork Gunnison River. Location: SW1/4NE1/4 of Section 10, T13S, R92W, 6th PM. 2,050 feet north and 2,300 feet east. Appropriation Date: 09/01/1977. Uses: domestic, stockwater, irrigation and fish culture. Proposed Correction of Location: SW1/4SW1/4NE1/4 of Section 10, T13S, R92W, 6th PM. 2,093 feet north and 2,401 feet east. Grosse-Rhode Spring No. 16 Pipeline – From Previous Decree/Existing Decree: Date of Decree: 08/27/1982. Case No. 82CW20 Amount: 0.05 c.f.s. Source: North Fork Gunnison River. Location: NE1/4SE1/4 of Section 10, T13S, R92W, 6th PM. 2,240 feet south and 400 feet east. Appropriation Date: 06/01/1979. Uses: domestic, stockwater, irrigation and fish culture. Proposed Correction of Location: SE1/4NE1/4SE1/4 of Section 10, T13S, R92W, 6th PM. 1,959 feet south and 151 feet east. Grosse-Rhode Spring No. 19 Pipeline – From Previous Decree/Existing Decree: Date of Decree: 04/14/1983. Case No. 82CW22. Amount: 0.03 c.f.s. Source: North Fork Gunnison River. Location: NW1/4NE1/4 of Section 10, T13S, R92W, 6th PM. 20 feet north and 2,620 feet east. Appropriation Date: 09/17/1981. Uses: domestic, stockwater, irrigation and fish culture. Proposed Correction of Location: NW1/4NW1/4NE1/4 of Section 10, T13S, R92W, 6th PM. 38 feet north and 2,605 feet east. Grosse-Rhode Spring No. 22 Pipeline – From Previous Decree/Existing Decree: Date of Decree: 08/27/1982. Case No. 82CW25. Amount: 0.02 c.f.s. Source: North Fork Gunnison River. Location: SE1/4NE1/4 of Section 4, T13S, R92W, 6th PM. 3,540 feet south and 300 feet east. Appropriation Date: 08/01/1979. Uses: domestic, stockwater, irrigation and fish culture. Proposed Correction of Location: NE1/4SE1/4NE1/4 of Section 4, T13S, R92W, 6th PM. 1,889 feet north and 164 feet east. Grosse-Rhode Spring No. 23 Pipeline – From Previous Decree/Existing Decree: Date of Decree: 08/27/1982. Case No. 82CW26. Amount: 0.05 c.f.s. Source: North Fork Gunnison River. Location: NE1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 2,540 feet south and 25 feet east. Appropriation Date: 08/01/1979. Uses: domestic, stockwater, irrigation and fish culture. Proposed Correction of Location: NE1/4NE1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 2,617 feet south and 11 feet east. Bear Trap Spring and Stock Pond No. 5 – From Previous Decree/Existing Decree: Date of Decree: 01/16/1985. Case No.

83CW120. Amount: 0.05 c.f.s. Source: North Fork Gunnison River. Location: NE1/4NE1/4 of Section 4, T13S, R92W, 6th PM. 900 feet north and 500 feet east. Appropriation Date: 01/18/1979. Use: stockwater. Proposed Correction of Location: NW1/4SE1/4NE1/4 of Section 4, T13S, R92W, 6th PM. 1,591 feet north and 919 feet east. Landmark Spring and Stockpond No. 8 – From Previous Decree/Existing Decree: Date of Decree: 01/16/1985. Case No. 83CW120. Amount: 0.05 c.f.s. Source: North Fork Gunnison River. Location: SE1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 100 feet south and 100 feet east. Appropriation Date: 01/18/1979. Use: stockwater. Proposed Correction of Location: SE1/4SE1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 247 feet south and 197 feet east. Bog Spring and Stock Pond No. 11 – From Previous Decree/Existing Decree: Date of Decree: 01/16/1985. Case No. 83CW120. Amount: 0.05 c.f.s. Source: North Fork Gunnison River. Location: SE1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 150 feet south and 1,150 feet east. Appropriation Date: 01/18/1979. Use: stockwater. Proposed Correction of Location: SW1/4SE1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 121 feet south and 1,118 feet east. Lookout Park Spring and Stock Pond No. 12 – From Previous Decree/Existing Decree: Date of Decree: 01/16/1985. Case No. 83CW120. Amount: 0.05 c.f.s. Source: North Fork Gunnison River. Location: NE1/4NW1/4 of Section 4, T13S, R92W, 6th PM. 400 feet north and 1,450 feet west. Appropriation Date: 01/18/1979. Use: stockwater. Proposed Correction of Location: NE1/4NW1/4NW1/4 of Section 4, T13S, R92W, 6th PM. 216 feet north and 1,526 feet west. Rainbow Pond – From Previous Decree/Existing Decree: Date of Decree: 12/31/1984. Case No. 84CW19. Amount: 0.64 acre-feet. Source: North Fork Gunnison River. Location: SW1/4NE1/4 of Section 10, T13S, R92W, 6th PM. 2,050 feet north and 1,900 feet east. Appropriation Date: 07/31/1977. Uses: irrigation, stockwater and fish culture. Proposed Correction of Location: SE1/4SW1/4NE1/4 of Section 10, T13S, R92W, 6th PM. 2,456 feet north and 1,715 feet east. Horseshoe Pond – From Previous Decree/Existing Decree: Date of Decree: 12/31/1984. Case No. 84CW19. Amount: 2.2 acre-feet. Source: North Fork Gunnison River. Location: NE1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 2,390 feet south and 25 feet east. Appropriation Date: 08/31/1979. Uses: irrigation, stockwater and fish culture. Proposed Correction of Location: NW1/4NW1/4SW1/4 of Section 3, T13S, R92W, 6th PM. 2,186 feet south and 48 feet west. Broken Rope Lake – From Previous Decree/Existing Decree: Date of Decree: 05/30/1985. Case No. 84CW204. Amount: 1.015 acre-feet. Source: North Fork Gunnison River. Location: SE1/4NW1/4 of Section 4, T13S, R92W, 6th PM. 1,950 feet north and 3,650 feet west. Appropriation Date: 08/31/1979. Uses: irrigation, stockwater and fish culture. Proposed Correction of Location: SW1/4SE1/4NW1/4 of Section 4, T13S, R92W, 6th PM. 2,124 feet north and 1,967 feet west. CORRECTED AMOUNT: 5.74 acre-feet., 1.15 Surface Acres. Broken Rope Lake has historically been filled by the Energy Products Supply Springs Nos. 1 and 2 ( cases 82CW16 and 82CW17). Native Lake – From Previous Decree/Existing Decree: Date of Decree: 05/30/1985. Case No. 84CW204. Amount: .999 acre-feet. Source: North Fork Gunnison River. Location: SE1/4NW1/4 of Section 10, T13S, R92W, 6th PM. 2,050 feet north and 2,400 feet west. Appropriation Date: 07/31/1977. Uses: irrigation, stockwater and fish culture. Proposed Correction of Location: SW1/4SW1/4NE1/4 of Section 10, T13S, R92W, 6th PM. 2,093 feet north and 2,401 feet east. Hidden Lake – From Previous Decree/Existing Decree: Date of Decree: 05/30/1985. Case No. 84CW205. Amount: .384 acre-feet. Source: North Fork Gunnison River. Location: SW1/4NE1/4 of Section 4, T13S, R92W, 6th PM. 1,900 feet north and 1,600 feet east. Appropriation Date: 10/31/1979. Uses: irrigation, stockwater and fish culture. Proposed Correction of Location: NW1/4SW1/4NE1/4 of Section 4, T13S, R92W, 6th PM. 1,524 feet north and 2,326 feet east. Eagle Lake – From Previous Decree/Existing Decree: Date of Decree: 05/30/1985. Case No.

84CW205. Amount: 2.015 acre-feet. Source: North Fork Gunnison River. Location: SW1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 350 feet south and 1,420 feet east. Appropriation Date: 12/31/1984. Uses: irrigation, stockwater and fish culture. Proposed Correction of Location: SW1/4SE1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 297 feet south and 1,192 feet east. CORRETED AMOUNT: 6.89 Acre-feet, 1.19 Surface acres. Castle Dale Springs No. 1 – From Previous Decree/Existing Decree: Date of Decree: 12/30/1988. Case No. 88CW69. Amount: 0.03 c.f.s. Source: North Fork Gunnison River. Location: NW1/4NW1/4 of Section 3, T13S, R92W, 6th PM. 850 feet north and 875 feet west. Appropriation Date: 06/16/1988. Use: Domestic. Proposed Correction of Location: SE1/4NW1/4NW1/4 of Section 3, T13S, R92W, 6th PM. 1,176 feet north and 963 feet west. Castle Dale Springs No. 2 – From Previous Decree/Existing Decree: Date of Decree: 12/30/1988. Case No. 88CW69. Amount: 0.03 c.f.s. Source: North Fork Gunnison River. Location: NW1/4NW1/4 of Section 3, T13S, R92W, 6th PM. 1,250 feet north and 810 feet west. Appropriation Date: 06/16/1988. Use: Domestic. Proposed Correction of Location: NE1/4SW1/4NW1/4 of Section 3, T13S, R92W, 6th PM. 1,374 feet north and 1,156 feet west. LKB Spring – From Previous Decree/Existing Decree: Date of Decree: 10/28/1992. Case No. 91CW71. Amount: 0.004 c.f.s. Source: North Fork Gunnison River. Location: NE1/4SW1/4 of Section 3, T13S, R92W, 6th PM. 2,580 feet south and 1,870 feet west. Appropriation Date: 08/16/1991. Use: Domestic. Proposed Correction of Location: SE1/4NW1/4SW1/4 of Section 3, T13S, R92W, 6th PM. 1,850 feet south and 1,307 feet west. APPLICATION FOR NEW STORAGE WATER RIGHTS: Beaver Lake – SE1/4SE1/4SW1/4 of Section 3, T13S, R92W, 6th PM. 308 feet from the south line and 2,128 feet from the west section line. Source: Overland Ditch and the North Fork of the Gunnison River. Appropriation Date: 08/31/1999. Amount Claimed: 11.19 acre-feet absolute for irrigation, stockwater and fish culture. Ute Pond – SW1/4NW1/4SE1/4 of Section 3, T13S, R92W, 6th PM. 1,682 feet from the south line and 2,429 feet from the east section line. Source: Overland Ditch and the North Fork of the Gunnison River. Appropriation Date: 10/31/1995. Amount Claimed: 3.09 acre-feet absolute for irrigation, stockwater and fish culture. Spring Lake – NE1/4NW1/4SE1/4 of Section 10, T13S, R92W, 6th PM. 2,022 feet from the south line and 1,765 feet from the east section line. Source: Overland Ditch and the North Fork of the Gunnison River. Appropriation Date: 07/31/1990. Amount Claimed: 4.13 acre-feet absolute for irrigation, stockwater and fish culture. Hawk Wind Lake – SE1/4SE1/4NW1/4 of Section 10, T13S, R92W, 6th PM. 2,314 feet from the north line and 2060 feet from the west section line. Source: Overland Ditch and the North Fork of the Gunnison River. Appropriation Date: 08/31/1998. Amount Claimed: 9.18 acre-feet absolute for irrigation, stockwater and fish culture. Bog Stock Pond No. 11 – SW1/4SE1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 121 feet from the south line and 1,118 feet from the east section line. Source: Overland Ditch and the North Fork of the Gunnison River. Appropriation Date: 01/18/1979. Amount Claimed: 0.69 acre-feet absolute for stockwater and wildlife. Entrance Lake – SE1/4NE1/4SE1/4 of Section 10, T13S, R92W, 6th PM. 1,959 feet from the south line and151 feet from the east section line. Source: Overland Ditch and the North Fork of the Gunnison River. Appropriation Date: 11/11/2009. Amount Claimed: .75 acre-feet conditional for augmentation. Elk Pond – NW1/4NW1/4NE1/4 of Section 4, T13S, R92W, 6th PM. 82 feet from the north line and 2,034 feet from the east section line. Source: North Fork of the Gunnison River. Appropriation Date: 11/11/2009. Amount Claimed: 0.07 acre-feet conditional for stockwater and wildlife. APPLICATION FOR NEW SURFACE WATER RIGHTS: Elk Spring – NW1/4NW1/4NE1/4 of Section 4, T13S, R92W, 6th PM. 82 feet from the north line and 2,034 feet from the east section line. Source: North Fork of the Gunnison River. Appropriation Date: 11/11/2009. Amount Claimed: 0.03 c.f.s. conditional for stockwater,

wildlife and to fill Elk Pond. Willow Spring – NE1/4SE1/4SE1/4 of Section 4, T13S, R92W, 6th PM. 1,219 feet from the south line and 425 feet from the east section line. Source: North Fork of the Gunnison River. Appropriation Date: 11/11/2009. Amount Claimed: 0.03 c.f.s. conditional for stockwater and wildlife. North Black Tire Spring – NW1/4SE1/SW1/4 of Section 10, T13S, R92W, 6th PM. 1,173 feet from the south line and 1,265 feet from the west section line. Source: North Fork of the Gunnison River. Appropriation Date: 11/11/2009. Amount Claimed: 0.03 c.f.s. Conditional for stockwater and wildlife. DELTA COUNTY. CASE NO. 2009CW163. Applicant: Ed and Ruth Kneese, 13926 Marine Drive, Montrose, CO 81401. Application for Surface Water Right, Underground Water Right, Storage Water Rights, Change of Water Right and Approval of plan for Augmentation: Application for Surface Water Right: Kneese Ditch Pond Enlargement – This ditch was decreed in case 04CW177 as an alternate point of diversion to the Samson Frazier Ditch. According to that decree, it is located in the NE1/4SE1/4SW1/4 of Section 20, T49N, R9W, NMPM. 710 feet from the south line and 2,516 feet from the west section line. Source: Happy Canyon Creek and the Uncompahgre River. Appropriation Date: 09/01/2004. Amount Claimed: 0.1 c.f.s. absolute for piscatorial, recreation and to fill Kneese Ponds 1 and 2. Application for Underground Water Right: Waterfront Way Pond – SW1/4SE1/4 of Section 20, T49N, R9W, NMPM. 923 feet from the south line and 2,235 feet from the east section line. Source: Uncompahgre River. Appropriation Date: 05/01/2003. Amount Claimed: 2.55 g.p.m. (0.0057 c.f.s.)conditional for piscatorial, recreation and evaporation. Application for Storage Water Rights: Kneese Pond No. 1 – NE1/4SW1/4 of Section 20, T49N, R9W, NMPM. 1,445 feet from the south line and 2,380 feet from the west section line. Source: Uncompahgre River. Appropriation Date: 09/01/2004. Amount Claimed: 0.75 acre-feet absolute for piscatorial, recreation and augmentation. Kneese Pond No. 2 – NE1/4SW1/4 of Section 20, T49N, R9W, NMPM. 1,529 feet from the south line and 2,282 feet from the west section line. Source: Uncompahgre River. Appropriation Date: 07/01/2005. Amount Claimed: 0.04 acre-feet absolute for piscatorial and recreation. Application for Change in Water Right: Samson Frazier Ditch – SE1/4NW1/4 of Section 29, T49N, R9W, NMPM. 1,915 feet from the north line and 1,855 feet from the west section line. The applicant does not propose any modification of the existing diversion structure in any way. The Samson Frazier Ditch originally received a transfer of water from the West Montrose Ditch in case CA4936. The right was adjudicated for 3.2 c.f.s. with an adjudication date of 06/301890 and an appropriation date of 03/10/1882. The applicant owns 0.5 c.f.s. of this right. Decreed Source: Happy Canyon Creek and the Uncompahgre River. Amount Proposed to be changed: 0.08 c.f.s. absolute. Decreed use: Irrigation. Detailed description of proposed change: Applicant desires to change 0.08 c.f.s. of this right to augmentation use for the protection of evaporation from Waterfront Way Pond, Kneese Pond No. 1 and Kneese Pond No. 2. In the case of a river call, the 0.08 c.f.s. will be left in the stream at the original diversion point or the alternate point of diversion decreed in case 04CW177 for Kneese Ditch. Application for Approval of Plan for Augmentation: Name of structures to be augmented: Waterfront Way Pond, Kneese Pond No. 1 and Kneese Pond No. 2. Structures are not decreed prior to this application. There are not other water rights diverted from these structures. Location of structures are as listed above. Water Rights to be used for augmentation: 0.08 c.f.s. of the Samson Frazier Ditch as described above. Date of Appropriation: 08/28/2009. Complete statement of Plan for Augmentation: Applicant seeks to replace out-of priority depletions associated with evaporation from the Water front Way Pond, Kneese Pond No. 1 and Kneese Pond No. 2 . Evaporation is the only consumptive use at these ponds. The Engineering report on file with the Water Court shows the evaporation calculations for each pond. Because

Waterfront Way Pond is legally a gravel pit, and because if intercepts groundwater at a location that is 450 feet from the Uncompahgre River, it was necessary to compute delayed impacts on its evaporation. Tables 1 and 2 on file with the Water Court show the total evaporative depletions from each pond. To obtain consumptive use credits from the senior Samson Frazier Ditch, the applicant is drying up 3.19 acres of land that was historically irrigated by the ditch. The consumptive use from this dry up is then changed to augmentation purposes to replace the evaporative depletions from the three ponds. Tables 3 and 4 on file with the water court show the consumptive use calculations. Any excess monthly consumptive use credit is stored in Kneese Pond No. 1 to be later released in months where there are no consumptive use credits available. Table 4 on file with the Water Court shows the storage and releases of Kneese Pond No. 1. The applicant intends to obtain a well permit for Waterfront Way Pond once the decree is signed. MONTROSE COUNTY. CASE NO. 2009CW164 - MESA AND DELTA COUNTIES – APPLICATION FOR WATER RIGHTS (SURFACE) - 1.Name, address, telephone number of applicant: United States of America, Kristen C. Guerriero, #32663, Arthur R. Kleven, # 36081, Special Assistant U.S. Attorneys, Office of the Regional Solicitor, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215. Phone:(303) 231-5353 Facsimile:(303) 231-5363. 2. Introduction: This application is filed pursuant to the Omnibus Public Lands Management Act of 2009, signed into law on March 30, 2009 (Public Law 111-11). Among other things, the legislation created the Dominguez Canyon Wilderness Area (Public Law 111-11, Sections 2403 through 2405). The legislation authorizes the Secretary of the Department of Interior to “appropriate and seek adjudication of water rights to maintain surface water levels and stream flows on or across the Wilderness to fulfill the purposes of the Wilderness.” Section 2405 (h)(2)(B)(ii)(II). The legislation also provides that “Any water rights within the Wilderness for which the Secretary pursues adjudication shall be adjudicated, changed, and administered in accordance with the procedural requirements and priority of system of State law.” Section 2405 (h)(2)(B)(i). The purpose of this application is to claim surface water rights for the entire flow of springs found within the Wilderness for wilderness management purposes. The Bureau of Land Management (BLM) has previously adjudicated water rights on some of these springs for various purposes. However, this application seeks to insure that water rights are adjudicated at each spring for the full range of wilderness management purposes. The BLM may file additional applications in the future, if additional spring sources are documented as a result of wilderness inventory and planning efforts. 3. Name of structures: Big Dominguez Campground Spring, Bear Family Gulch Spring, Imaginary Spring, Badlands Spring, Cattail Spring, Hidden Spring, Yates Spring, Aeolian Springs, Barkley Cabin Spring #1, Barkley Cabin Spring #3, Barkley Cabin Spring #4, Corral Gulch Spring #1,Holsinger’s Water Hole, Keyhole Spring, Ben Lowe Spring, Caps Spring, Caps Spring #2, Pothole Spring, Lower Tatum Gulch Spring. 4. Legal description of each point of diversion: The springs in this application are located in areas where all of the interior section lines of townships have not been surveyed. Accordingly, legal descriptions have been developed via protraction from the nearest surveyed point and GPS readings are hereby included as part of the official legal description. All GPS readings are in NAD 83, Zone 12. Big Dominguez Campground Spring: NE ¼ of the NE ¼ of the SW ¼ of Section 15, Township 15 South, Range 100 West, 6th P.M., at a point 2389 feet north of the south section line and 2444 feet east of the west section line. 712402mE, 4291657mN Bear Family Gulch Spring: NW ¼ of the NE ¼ of the NW ¼ of Section 23, Township 15 South, Range 100 West, 6th P.M., at a point 359 feet south of the north section line and 1325 feet east of the west section line. 713715mE, 4290854mN Imaginary Spring: SE ¼ of the SW ¼ of the NE ¼ of

Section 15, Township 15 South, Range 100 West, 6th P.M., at a point 2286 feet south of the north section line and 1660 feet west of the east section line.712762mE, 4291809mN Badlands Spring: NW ¼ of the SE ¼ of the NW ¼ of Section 33, Township 15 South, Range 99 West, 6th P.M., at a point 1866 feet south of the north section line and 1919 feet east of the west section line. 720432mE, 4287369mN Cattail Spring: SE ¼ of the NW ¼ of the NE ¼ of Section 32, Township 15 South, Range 99 West, 6th P.M., at a point 739 feet south of the north section line and 1365 feet west of the east section line.719422mE, 4287683mN Hidden Spring: SW ¼ of the NW ¼ of the SW ¼ of Section 33, Township 15 South, Range 99 West, 6th P.M., at a point 1949 feet north of the south section line and 99 feet east of the west section line. 719891mE, 4286883mN Yates Spring: SW ¼ of the SE ¼ of the NW ¼ of Section 35, Township 15 South, Range 99 West, 6th P.M., at a point 2351 feet south of the north section line and 1699 feet east of the west section line. 723584mE, 4287324mN Aeolian Springs: SW ¼ of the NW ¼ of the NE ¼ of Section 33, Township 15 South, Range 99 West, 6th P.M., at a point 1323 feet south of the north section line and 2611 feet west of the east section line. 720655mE, 4287542mN Barkley Cabin Spring #1: SE ¼ of the SW ¼ of the SW ¼ of Section 19, Township 51 North, Range 14 West, N.M. P.M., at a point 235 feet north of the south section line and 1194 feet east of the west section line. 719225mE, 4282433mN Barkley Cabin Spring #3: NW ¼ of the SE ¼ of the SW ¼ of Section 19, Township 51 North, Range 14 West, N.M. P.M., at a point 763 feet north of the south section line and 1536 feet east of the west section line. 719327mE, 4282598mN Barkley Cabin Spring #4: SE ¼ of the SW ¼ of the NW ¼ of Section 19, Township 51 North, Range 14 West, N.M. P.M., at a point 2637 feet south of the north section line and 1076 feet east of the west section line. 719179mE, 4283200mN Corral Gulch Spring #1: SW ¼ of the SW ¼ of the NW ¼ of Section 19, Township 51 North, Range 14 West, N.M. P.M., at a point 2559 feet south of the north section line and 134 feet east of the west section line. 718892mE, 4283215mN Holsinger’s Water Hole: NE ¼ of the SW ¼ of the SE ¼ of Section 18, Township 51 North, Range 14 West, N.M. P.M., at a point 810 feet north of the south section line and 1665 feet west of the east section line. 719922mE, 4284275mN Keyhole Spring: NE ¼ of the SE ¼ of the SW ¼ of Section 10, Township 51 North, Range 13 West, N.M. P.M., at a point 762 feet south of the north section line and 2327 feet east of the west section line. 734023mE, 4286390mN Ben Lowe Spring: NW ¼ of the SE ¼ of the NW ¼ of Section 15, Township 51 North, Range 13 West, N.M. P.M., at a point 1524 feet south of the north section line and 1754 feet east of the west section line. 733875mE, 4285676mN Caps Spring: SE ¼ of the SE ¼ of the SE ¼ of Section 16, Township 51 North, Range 13 West, N.M. P.M., at a point 12 feet north of the south section line and 280 feet west of the east section line.733301mE, 4284498mN Caps Spring #2: SW ¼ of the NW ¼ of the NE ¼ of Section 21, Township 51 North, Range 13 West, N.M. P.M., at a point 1163 feet south of the north section line and 2326 feet west of the east section line.732690mE, 4284112mN Pothole Spring: SE ¼ of the SW ¼ of the NW ¼ of Section 21, Township 51 North, Range 13 West, N.M. P.M., at a point 2269 feet south of the north section line and 1174 feet east of the west section line. 732129mE, 4283750mN Lower Tatum Gulch Spring: SW ¼ of the SE ¼ of the SE ¼ of Section 35, Township 15 South, Range 98 West, 6th P.M., at a point 191 feet north of the south section line and 978 feet west of the east section line. 734029mE, 4286681mN 5. Source: Big Dominguez Campground Spring: Unnamed tributary to Big Dominguez Creek/Gunnison River Bear Family Gulch Spring: Unnamed tributary to Big Dominguez Creek/Gunnison River Imaginary Spring: Unnamed tributary to Big Dominguez Creek/Gunnison River Badlands Spring: Unnamed tributary Little Dominguez Creek/Big Dominguez Creek/Gunnison River Cattail Spring: Unnamed tributary Little Dominguez Creek/Big Dominguez Creek/Gunnison River Hidden Spring: Unnamed tributary Little Dominguez Creek/Big Dominguez Creek/Gunnison River Yates Spring: Unnamed

tributary Little Dominguez Creek/Big Dominguez Creek/Gunnison River Aeolian Springs: Unnamed tributary Little Dominguez Creek/Big Dominguez/Creek/Gunnison River Barkley Cabin Spring #1: Barkley Cabin Gulch/Rose Creek/Little Dominguez Creek/Big Dominguez Creek/Gunnison River Barkley Cabin Spring #3: Barkley Cabin Gulch/Rose Creek/Little Dominguez Creek/Big Dominguez Creek/Gunnison River Barkley Cabin Spring #4: Barkley Cabin Gulch/Rose Creek/Little Dominguez Creek/Big Dominguez Creek/Gunnison River Corral Gulch Spring #1: Corral Gulch/Rose Creek/Little Dominguez Creek/Big Dominguez Creek/Gunnison River Holsinger’s Water Hole: Unnamed tributary to Rose Creek/Little Dominguez Creek/Big Dominguez Creek/Gunnison River Keyhole Spring: Unnamed tributary to Escalante Creek/Gunnison River Ben Lowe Spring: Unnamed tributary to Escalante Creek/Gunnison River Caps Spring: Unnamed tributary to Escalante Creek/Gunnison River Caps Spring #2: Unnamed tributary to Escalante Creek/Gunnison River Pothole Spring: Unnamed tributary to Escalante Creek/Gunnison River Lower Tatum Gulch Spring: Tatum Gulch/Escalante Creek/Gunnison River 6. A. Dates of appropriation: March 30, 2009 B. How appropriation was initiated: The Omnibus Public Lands Management Act of 2009 (Public Law 111-11) was signed into law by the President of the United States, creating the Dominguez Canyon Wilderness and authorizing the appropriation of water for wilderness management purposes. C. Date water applied to beneficial use: March 30, 2009 7. Amount claimed: Big Dominguez Campground Spring: 0.0022 cfs, absolute Bear Family Gulch Spring: 0.0011 cfs, absolute Imaginary Spring: 0.0011 cfs, absolute Badlands Spring: 0.0022 cfs, absolute Cattail Spring: 0.0006 cfs, absolute Hidden Spring: 0.0006 cfs, absolute Yates Spring: 0.0044 cfs, absolute Aeolian Springs: 0.011 cfs, absolute Barkly Cabin Spring #1: 0.011 cfs, absolute Barkley Cabin Spring #3: 0.0011 cfs, absolute Barkley Cabin Spring #4: 0.0011 cfs, absolute Corral Gulch Spring #1: 0.0006 cfs, absolute Holsinger’s Water Hole: 0.033 cfs, absolute Keyhole Spring: 0.004 cfs, absolute Ben Lowe Spring: 0.011 cfs, absolute Caps Spring: 0.02 cfs, absolute Caps Spring #2: 0.0011 cfs, absolute Pothole Spring: 0.007 cfs, absolute Lower Tatum Gulch Spring: 0.02 cfs absolute 8. Use(s): Wilderness management purposes, including but not limited to: wildlife watering; wildlife habitat; maintenance of wetland/riparian habitat; consumption by recreation users; maintenance of aesthetic values; management of recreation, cultural, historic, and archaeological sites; education and interpretation activities, and scientific research. Livestock watering is a recognized use within the wilderness, but livestock watering is supported by BLM’s previous adjudication of livestock water rights with earlier priority dates.

9. Previously adjudicated water rights on these sources: Spring Name Case Numbers Decreed Uses Decreed

Amount Big Dominguez Campground Spring

W-436 (conditional) 90 CW 111 (absolute)

livestock, domestic 0.01 cfs

Bear Family Gulch Spring

No previous water rights

Imaginary Spring No previous water rights

Badlands Spring W-436 (conditional) 90 CW 111 (absolute)

livestock, domestic 0.01 cfs

Cattail Spring No previous water rights

Hidden Spring No previous water rights

Yates Spring No previous water rights

Aeolian Springs No previous water rights

Barkley Cabin Spring #1

W-436 (conditional) 90 CW 111 (absolute)

Livestock, domestic

0.025 cfs

Barkley Cabin Spring #3

No previous water rights

Barkley Cabin Spring #4

No previous water rights

Corral Gulch Spring #1 No previous water rights

Holsinger’s Water Hole No previous water rights

Keyhole Spring 93 CW 227 livestock, wildlife 0.004 cfs Ben Lowe Spring W-436 (conditional)

90 CW 111 (absolute) livestock, domestic 0.025 cfs

Caps Spring 84 CW 270 livestock, wildlife 0.02 cfs Caps Spring #2 No previous water

rights

Pothole Spring 93 CW 227 livestock, wildlife 0.007 cfs Lower Tatum Gulch Spring

W-436 (conditional) 90 CW 111 (absolute)

livestock, domestic 0.031 cfs

10. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Uncompahgre Field Office, 2505 S. Townsend Ave., Montrose, Colorado 81401, and United States Department of Interior, Bureau of Land Management, Grand Junction Field Office, 2815 H Road, Grand Junction, CO 81506. MESA AND DELTA COUNTIES. CASE NO. 2009CW165. Applicant: Mika Ag Corp., d/b/a Escalante Land & Cattle Corp., Mika Ag Corp., d/b/a Escalante Land & Cattle Corp., 6501 W. 91st Ave., Westminster, CO 80031. Attorneys for Applicant: James D. Brown of Brown, Schottelkotte, Stimpert & Vaughn, LLC, P.O. Box 43, Delta, CO 81416 (970) 874-4451.

APPLICATION FOR SURFACE WATER RIGHTS: Source: All structures to be decreed from the Gunnison River. Appropriation information for all new water rights: Date of appropriation: June 1, 1990 for Absolute rights; October 30, 2009, for Conditional rights. How appropriation was initiated: Absolute water rights: by diversion of water for beneficial use for irrigations, livestock, and domestic use as noted below. Conditional water rights: by Applicant’s formation of intent to divert water and apply the same to beneficial use and by performance of work to ascertain the location of points of diversion and retention of legal counsel to assist with preparation of this application. Date water applied to beneficial use: Absolute rights: June 1, 1990. Surface Structures to be decreed in Delta County (in old Water District 40): (1) ER McHugh Pump No. 2: SW¼NW¼SW¼NE¼ of Section 30, T 4 S, R 3 E, Ute Meridian, 2384.43 east of the West line and 1681.34 feet south of the North line said Section 30 (GPS: Easting: 213156, Northing: 4297877.16); Amount: 1.88 c.f.s., ABSOLUTE, to irrigate 50 acres in NW¼ of Section 30, T 4 S, R 3 E, Ute Meridian and for livestock. (2) ER Lower Beaver Pump: SW¼SE¼NW¼NE¼, Section 22, T 14 S, R 98 W, 6th P.M. 1906.77 feet west of the East line and 1252.56 feet south of the North line of said Section 22 (GPS: Easting: 210869.07, Northing:4302493.95). Amount: 1.50 c.f.s., CONDITIONAL for irrigation of 40 acres in parts of SW¼NE¼, SE¼NW¼, and N½SW¼ of said section 22 and for livestock. (3) ER Midway Pump: SW¼SE¼NE¼SW¼ of Section 7, T 15 S, R 97 W, 6th P.M. 2196.72 feet east of the West line and 58.02 south of the North line of said Section 7 (GPS: Easting: 215113.19, Northing: 4295120.86). Amount: 0.37 c.f.s., CONDITIONAL for irrigation of 10 acres in parts of W½SE¼NE¼SW¼ and W½NE¼SW¼ of Section 7, T 15 S, R 97 W, 6th P.M. and for livestock. (4) ER Lower Windy Pump: NW¼SW¼SW¼SE¼ of Section 33, T 4 S, R 3 E, 6th P.M. 2333.66 feet west of the East line and 568.82 feet north of the South line of said Section 33 (GPS: Easting: 216429.08, Northing: 4295237.79). Amount: 1.69 c.f.s., ABSOLUTE for irrigation of 45 acres in parts of the S½SW¼SE¼ and SE¼SW¼ of Section 33, T 4 S, R 3 E, Ute Meridian, and parts of Sections 7 and 8 (irregular), T 15 S, R 97 W, 6th P.M. and for livestock. (5) ER Upper Beaver Pump: NE¼NE¼SE¼SE¼ of Section 27, T 14 S, R 98 W, 6th P.M. 197.24 feet west of the East line and 1293.53 feet north of the South line of said section 27 (GPS: Easting: 211303.2, Northing: 4300040.24). Amount: 3.75 c.f.s., CONDITIONAL, for irrigation of 100.0 acres in parts of the N½SE¼, and NE¼, Section 27, and part of W½SW¼ of section 26, T 14 S, R 98 W, 6th P.M. and for livestock. (6) ER Goat Ranch Pump: SW¼SW¼SE¼SE¼, Section 32, T 4 S, R 3 E, Ute Meridian 1099.52 feet west of the East line and 117.56 feet north of the South line of said Section 32 (GPS: Easting: 215216, Northing: 4295169). Amount: 3.75 c.f.s. for irrigation of 100.0 acres in SE¼, NE¼SW¼, and NW¼ of Section 32, T 4 S, R 3 E, Ute Meridian and part of Section 7, T 15 S, R 97 W, 6th P.M. and livestock. Surface Structures to be decreed in Mesa County (all in old Water Districts 40 and 42): (7) ER Short Camp Cabin Spring (in old Water District 40): SE¼SW¼NW¼NW¼, Section 36, T 50 N, R 16 W, N.M.P.M. 487.45 feet east of the West line and 1061.71 feet south of the North line of said Section 36 (GPS: Easting: 185416.86, Northing: 4273937.68). Amount 0.033 c.f.s., ABSOLUTE, domestic water for one cabin. (8) ER Short Camp Stock Spring (in old Water District 40): SW¼NE¼NW¼NW¼, Section 36, T 50 N, R 16 W, N.M.P.M. 824.27 feet east of the West line and 509.78 feet south of the North line of said Section 36 (GPS: Easting: 185526.95, Northing: 4274102.96). Amount: 0.05 c.f.s., ABSOLUTE, for livestock water. (9) ER J-O Cabin Spring (in old Water District 40): NE¼SE¼SE¼SE¼, Section 15, T 50 N, R 16 W, N.M.P.M. 145.13 feet west of the East line and 618.96 feet north of the South line of said Section 15 (GPS: Easting: 183777.04 Northing: 4277766.61). Amount: 0.033 c.f.s. ABSOLUTE, for domestic water for one cabin and livestock water. (10) ER Maupin Cabin Spring (in old Water District 42):

SE¼SE¼NE¼NW¼, Section 15, T 50 N, R 16 W, N.M.P.M. 2471.85 feet east of the West line and 1487.83 feet south of the North line of said Section 15 (GPS: Easting: 183016.12, Northing: 4278827.35). Amount: 0.033 c.f.s. ABSOLUTE for domestic for one cabin and livestock water. (11) ER OT Camp Spring (in old Water District 42): SE¼NE¼SE¼NE¼, Section 12, T 50 N, R 16 W, N.M.P.M. 236.91 feet west of the East line and 1848.84 feet south of the North line of said Section 12 (GPS: Easting: 187133.82, Northing: 4280129.92). Amount: 0.033 c.f.s., ABSOLUTE, for domestic water for one cabin and livestock water. CHANGE OF WATER RIGHT (Alternate Points of Diversion): Change of Water Right in Delta County (old Water District 40): Decreed Name of Structures for which Change is Sought and Information from Previous Decree: Palmer Ditch: decreed May 28, 1937, in Case No. 2563, District Court, Priority No. H-8, with an appropriation date of April 1, 1889, in old Water District 40, from the following original point of diversion: Headgate located on the left bank of the Gunnison River at a point from which the Southwest corner of Section 31, Township 4 South, Range 3 East, Ute Meridian, bears S 71° 00' W , 6077 feet; and from the following alternate point of diversion decreed May 14, 1986, in Case No. 84CW206: A point in the SE¼SE¼ of Section 27, Township 14 South, Range 98 West, 6th P.M., 300 feet west of the East line and 500 feet north of the South line of said Section 27. Source: Gunnison River. Amount and decreed use: 6.25 c.f.s., ABSOLUTE, for irrigation of 200 acres of land. Historic use: Water decreed to Palmer Ditch has been used for the irrigation of 200 acres of land located along the west bank of the Gunnison River in Sections 30 and 31, Township 4 South, Range 3 East, Ute Meridian and for livestock water. Proposed Change: Applicant seeks an alternate point of diversion downstream for 3.5 c.f.s. of said water to an undecreed pumping structure known as McHugh Pump No. 1 located at a point 561.51 feet west of the East line and 1250.25 feet north of the South line of Section 29, Township 4 South, Range 3 East, Ute Meridian (GPS: Easting: 213603.91, Northing: 4297141.92) for the irrigation of 140 acres of the original irrigated lands under the decree in Section 30 and for livestock use. Change of water right for waters in Mesa County, Colorado, (in old Water District 42): Decreed Name of Structures for which Change is Sought and Information from Previous Decree: Gunnison Pumping Plant and Ditch: decreed July 25, 1941, in Case No. 5812, District Court, Priority No. 387, in old Water District 42, for irrigation of 288 acres of land, with an appropriation date of July 15, 1914, from the following two points of diversion: (a) Diesel pump located on the left bank of the Gunnison River at a point whence the Southeast corner of Section 7, Township 14 South, Range 98 West, 6th P.M. bears S 61° 11' W 1003 feet; and (b) 18-foot water wheel located at a point whence the southeast corner of Section 7, T 14 S, R 98 W, 6th P.M. bears S 61°55' W 977.4 feet. Source: Gunnison River. Amount: 7.2 c.f.s., ABSOLUTE. Historic use: Water decreed to the Gunnison Pumping Plant and Ditch has been used for the irrigation of 288 acres of land located in Sections 6, 7 and 8 Township 14 South, Range 98 West, 6th P.M. and for livestock. Proposed Change: Applicant seeks an alternate point of diversion for 1.5 c.f.s. of the waters so decreed downstream to an undecreed pumping structure known as Bridgeport No. 2 Pump, located at a point 196.11 feet east of the West line and 119.76 south of the North line of Section 8, Township 14 South, Range 98 West, 6th P.M. (GPS: Easting: 206691.56, Northing: 4306229.07) for the irrigation of 40 acres of the original irrigated lands under the decree and for livestock use. Name and address of owner of land. Mika Ag Corp., d/b/a Escalante Land & Cattle Corp., 6501 W. 91st Ave., Westminster, CO 80031. MESA AND DELTA COUNTIES.

CASE NO. 2009CW166. Applicant: Frederick Bolton, 29171 Highway 141, Whitewater, CO 81527. Application for Surface Water Rights: Bolton Springs A, B, C and D – all springs located in the NW1/4NW1/4 of Section 9, T15S, R102W, 6th PM. Spring A - 124.758 feet from the north line and 512.154 feet from the west section line Spring B - 790.123 feet from the north line and 247.396 feet from the west section line. Spring C - 885.648 feet from the north line and 130.281 feet from the west section line. Spring D – 655.441 feet from the north line and 91.146 feet from the west section line Source: West Creek and the Dolores River. Appropriation Date: 06/01/2000. Amount Claimed: 8.0 g.p.m conditional for Spring A, 5.0 g.p.m. conditional for Spring B, 3.0 g.p.m conditional for Spring C and 3.0 g.p.m. conditional for Spring D for agricultural, stockwater, domestic, fish ponds and irrigation of 8 acres. MESA COUNTY. CASE NO. 2009CW167 (REF. NO. 01CW262). Applicant: Youth With A Mission, P. O. Box 158, Cimarron, CO 81220. Application To Make Absolute: High Park Power Plant Enlargement – Section 36, T47N, R7W, NMPM. 1,930 feet from the north line and 2,610 feet from the west section line. Source: High Park Spring, tributary to Highpark Creek, tributary to Coal Creek, a tributary of the Big Cimarron River, tributary to the Gunnison River. Appropriation Date: 11/01/2001. Amount Claimed: 0.85 c.f.s absolute for hydropower use. The Application on file with the Water Court contains a detailed outline of the work performed during the diligence period. GUNNISON COUNTY. CASE NO. 2009CW168 Applicant: Youth With A Mission, P. O. Box 158, Cimarron, CO 81220. Application for Surface Water Right: High Park Power Plant Enlargement No. 2 – Section 36, T47N, R7W, NMPM. 1,930 feet from the north line and 2,610 feet from the west section line. Source: High Park Spring, tributary to Highpark Creek, tributary to Coal Creek, a tributary of the Big Cimarron River, tributary to the Gunnison River. Appropriation Date: 08/01/2007. Amount Claimed: 0.78 c.f.s absolute for hydropower use. GUNNISON COUNTY. CASE NO. 2009CW169 DELTA COUNTY 1. Grand Mesa Water Conservancy District, P.O. Box 129, Cedaredge CO 81413, Austin Kaiser, President 970-250-4027; by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR STORAGE WATER RIGHT AND FOR CHANGE OF WATER RIGHT 2. Name of Structure: Peak Reservoir 3. Legal Description of location of dam for reservoir: SW1/4SW1/4SW1/4, Section 34, Township 11 South, Range 94 West 6th P.M. 157.5 feet east of the west section line and 1091.11 feet north of the south section line, UTM coordinates 249588 Easting, 4326361 Northing, Zone 13. 4. Source: Surface Creek, tributary to the Gunnison River. 5. Appropriation Date: January 9, 2001. 6. Uses: Irrigation of 5000 acres, recreation, fish culture, municipal use by the Town of Orchard City or by the Town of Cedaredge, domestic use by contract with Upper Surface Creek Domestic Company or Coalby Domestic Water Company, stock, augmentation by contract with individuals and the United States Forest Service. All uses will be within the boundaries of the District. 7. Amount claimed: 28 acre-feet, conditional. 8. Proposed Change: Applicant proposes to change the location of the place of storage of 28.0 acre-feet of the 29,000 acre-feet decreed to the Cactus Park Reservoir storage rights to the Peak Reservoir, located as above-described. The dam of Cactus Park Reservoir is located at a point whence the quarter corner of Sections 23 and 24, Township 13 South, Range 94 West of the 6th P.M. bears South 7º East 1,450 feet. All rights involved are conditional. The uses will not change from those decreed to the Cactus Park Reservoir. DELTA COUNTY.

CASE NO. 2009CW170 DELTA COUNTY 1. Grand Mesa Water Conservancy District, P.O. Box 129, Cedaredge CO 81413, Austin Kaiser, President 970-250-4027; North Fork Water Conservancy District c/o Tom Alvey, P.O. Box 217, Hotchkiss CO 81419, 970-872- 3911, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 2. Name of Structure: Grand Mesa Project which consists of eight structures, Gorsuch Reservoir, renamed Cactus Park Reservoir; Gorsuch Feeder Canal, renamed Surface Creek Feeder Canal; Gorsuch Outlet Canal, renamed Cactus Park Outlet Canal; Electric Mountain Reservoir; Hubbard Creek Feeder Canal, renamed Electric Mountain Feeder Canal; Grand Mesa Canal; Ward Creek Feeder Canal; and Fruitgrowers Feeder Canal. 3. Date of Original Decree: January 31, 1964 Case No. CA 4808, Delta County District Court; 4. Legal Description of decreed points of diversion: These water rights are located over a large area on the south slope of the Grand Mesa in Delta County, within the boundaries of the two Applicants. Cactus Park Reservoir is located at a point whence the quarter corner of Sections 23 and 24, Township 13 South, Range 94 West of the 6th P.M. bears South 7º East 1,450 feet. Electric Mountain Reservoir is located in or near Sections 2 and 3, Township 11 South, Range 91 West, 6th P.M. The other structures are located near to or in between these two reservoirs, in the following townships: Township 13 South, Range 94 West, 6th P.M. Township 13 South, Range 93 West, 6th P.M., Township 12 South, Range 92 West, 6th P.M. Township 12 South, Range 92 West, 6th P.M., Township 12 South, Range 92 West, 6th P.M. and Township 11 South, Range 91 West, 6th P.M. 5. Date of Appropriation: June 15, 1961. 6. Amounts: 29,000 acre-feet in Cactus Park Reservoir; 200 c.f.s. in Surface Creek Feeder Canal; 235 c.f.s. in Cactus Park Outlet Canal; 27,000 acre-feet in Electric Mountain Reservoir; 100 c.f.s. in Electric Mountain Feeder Canal; 610 c.f.s. in Grand Mesa Canal; 14 c.f.s. in Ward Creek Feeder Canal; 20 c.f.s. in Fruitgrowers Feeder Canal. 7. Uses: Irrigation, recreation, fish culture, municipal, domestic, stock, and storage for these uses. 8. Claims for diligence: Applicants have participated in studies and surveys done by the Grand Mesa Water Task Force in common with other water users. Applicants have also acquired and rehabilitated several small reservoirs. Some of the water rights in this case may be transferred to those reservoirs. Engineers have been engaged to do. DELTA COUNTY. CASE NO. 2009CW171 Applicant: Western Fuels-Colorado, LLC, c/o Murari Shrestha, P.E., Western Fuels Association, Inc., P. O. Box 33424, Denver, CO 80233. (Attorneys for Applicant: Timothy J. Beaton, Aaron S. Ladd, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782.) Application for Surface Water Rights, Underground Water Rights, Water Storage Rights, and Appropriative Rights of Exchange. APPLICATION FOR SURFACE WATER RIGHTS 1. Name of structure: New Horizon North SE Pump Station. Location of structure: The Pump Station will be located in the SE1/4 of the SW1/4 of Section 25, Township 47 North, Range 16 West of the N.M.P.M., at a point 297 feet from the South section line and 2,625 feet from the West section line. Alternate point of diversion: An alternate point of diversion will be from New Horizon Mine Pond 001, located in the SE1/4 of the NW1/4 of Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a point 1,914 feet from the North section line and 620 feet from the West section line. Source: Surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 1.0 cfs, CONDITIONAL. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including

but not limited to storage in ponds for these uses. Landowner: Garvey and Co. 2. Name of structure: Calamity Draw Pump Station 003. Location of structure: Calamity Draw Pump Station 003 will be located in the SE1/4 of the NE1/4 of Section 11, Township 46 North, Range 16 West of the N.M.P.M., at a point 2,022 feet from the North section line and 1,192 feet from the East section line. Source: Surface water, storm water, runoff, seepage and wastewater tributary to Calamity Draw, tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 3.0 cfs, CONDITIONAL. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Landowner: Phyllis June McClellan and Frank and Hannah Elder. APPLICATION FOR UNDERGROUND WATER RIGHTS 3. Name of structure: New Horizon North Mine Pump. Permit No.: Permit will be obtained prior to commencement of mining activities. Legal description of point of diversion: Well field located in Sections 24 and 25, Township 47 North, Range 16 West of the N.M.P.M., Montrose County, Colorado, being more particularly described as follows: (1) the West 1/2 of Section 25; together with (2) the Southwest 1/4 of the Southwest 1/4 of Section 24, the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 25; and (3) the Southwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 25, containing 387 acres more or less. Source: Groundwater, surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Depth: Not deeper than approximately 110 feet. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 4.0 cfs, CONDITIONAL. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Landowner: Garvey and Co.; Donna Nygren; Tina and Roger D. Carver; George Glasier; Peggy Jo and Thomas Meehan; and David and Sylvia Chiles. 4. Name of structure: New Horizon North Well Field. Permit No.: Permits will be obtained prior to drilling wells. Legal description of point of diversion: Well field located in Sections 24, 25 and 36 Township 47 North, Range 16 West of the N.M.P.M., Montrose County, Colorado, being more particularly described as follows: (1) the West 1/2 of Section 25; together with (2) the Southwest 1/4 of the Southwest 1/4 of Section 24; (3) the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 25; (4) the Southwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 25; (5) the N1/2 of the NW1/4 of Section 36; and (6) the NW1/4 of the NE1/4 of Section 36. Source: Groundwater and seepage tributary to San Miguel River or Tuttle Draw or Coal Canyon, tributary to San Miguel River. Depth: Not deeper than approximately 590 feet. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Directors of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 50 gpm (0.111 cfs), CONDITIONAL. Use: Commercial including potable water, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Remarks: No more than five wells will be drilled in this well field. Landowner: Garvey and Co.; Donna Nygren; Roger D. and Tina Carver; George Glasier; Thomas and Peggy Jo Meehan; Western Fuels; and David and Sylvia Chiles. 5. Name of structure: New Horizon 2 Mine Pump. Permit No.: Well permit to be filed. Legal description of point of diversion: Well field to be located on property described in Exhibit A to this application. Source: Groundwater, surface water, storm water runoff, seepage and wastewater tributary to

Tuttle Draw, tributary to the San Miguel River. Depth: Not deeper than approximately 125 feet. Date of appropriation: May 1, 1993. How appropriation was initiated: By pumping water from mine pit. Date right put to beneficial use: May 1, 1993. Amount claimed: 2.0 cfs, ABSOLUTE. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Landowner: Western Fuels; Carl N. and Theresa L. Benson; San Miguel Power Association; Lester Goforth; Melvin and LeeAnn Staats; Michael and JoAnn Moore; Ward E. and Alma E. Burbridge; Carl and Theresa L Benson; Antoinette Rosella Lloyd; Mary Ruth Bolender; Winona Mae Cressler; Harry Curtis Lloyd; Frank and Mary Lou Morgan; and Dirk Richards. 6. Name of structure: Cyprus Mine Pump. Permit No.: Permit will be obtained prior to commencement of mining activities. Legal description of point of diversion: Well field defined as the NW1/4 of the NE1/4, the NE1/4 of the NE1/4, the SE1/4 of the NE1/4 and the NE1/4 of the SE1/4 of Section 14, Township 46 North, Range 16 West of the N.M.P.M. Source: Groundwater, surface water, storm water runoff, seepage and wastewater tributary to Calamity Draw or the San Miguel River. Depth: Not deeper than approximately 225 feet. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 2.0 cfs, CONDITIONAL. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Landowner: Dyno Nobel, Inc. 7. Name of structure: Cyprus Well Field. Permit No.: Permits will be obtained prior to drilling wells. Legal description of point of diversion: Well field defined as the NW1/4 of the NE1/4, the NE1/4 of the NE1/4, the SE1/4 of the NE1/4 and the NE1/4 of the SE1/4 of Section 14, Township 46 North, Range 16 West of the N.M.P.M. Source: Groundwater and seepage tributary to the San Miguel River or Calamity Draw, tributary to the San Miguel River. Depth: Not deeper than approximately 705 feet. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 50 gpm (0.111 cfs), CONDITIONAL. Use: Commercial, including potable water supply, industrial and irrigation purposes, including dust suppression and sediment control. Remarks: No more than five wells will be drilled in this well field. Landowner: Dyno Nobel, Inc. APPLICATION FOR WATER STORAGE RIGHTS Name of pond: New Horizon North Pond 001. Location of pond: The pond will be located in the SW1/4 of the SW1/4 of Section 25, Township 47 North, Range 16 West of the N.M.P.M., at a point 262 feet from the South section line and 315 feet from the West section line. Source: New Horizon North Mine Pump, direct delivery or pumping of Colorado Company Ditch shares, New Horizon North Southeast Pump Station, New Horizon Mine Pond 001, New Horizon Mine Pond 001 Refill, New Horizon Mine Pond 006, New Horizon Mine Pond 006 Refill, surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 20 acre-feet, CONDITIONAL, with right to fill and refill continuously whenever in priority, up to three fills of the requested volume. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Landowner: Garvey and Co. 9. Name of pond: New Horizon North Pond 002. Location of pond: The pond will be located in the NW1/4 of the NW1/4 of Section 25, Township 47 North, Range 16 West of the N.M.P.M., at a point

602 feet from the North section line and 162 feet from the West section line. Source: New Horizon North Mine Pump, direct delivery or pumping of Colorado Company Ditch shares, and surface water, storm water runoff, seepage and wastewater tributary to Coal Canyon, tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 20 acre-feet, CONDITIONAL, with right to fill and refill continuously whenever in priority, up to three fills of the requested volume. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Landowner: Thomas and Peggy Jo Meehan. 10. Name of pond: New Horizon North Pond 003. Location of pond: The pond will be located in the SW1/4 of the NW1/4 of Section 25, Township 47 North, Range 16 West of the N.M.P.M., at a point 1,653 feet from the North section line and 156 feet from the West section line. Source: New Horizon North Mine Pump and surface water, storm water runoff, seepage and wastewater tributary to Coal Canyon, tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 20 acre-feet, CONDITIONAL, with right to fill and refill continuously whenever in priority, up to three fills of the requested volume. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Landowner: George Glasier. 11. Name of pond: Cyprus Pond 001. Location of pond: The pond will be located in the NE1/4 of the SE1/4 of Section 14, Township 46 North, Range 16 West of the N.M.P.M., at a point 1,632 feet from the South section line and 199 feet from the East section line. Source. Cyprus Mine Pump, Calamity Draw Pump Station 003, direct delivery or pumping of Colorado Company Ditch shares and surface water, storm water runoff, seepage and wastewater tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 25 acre-feet, CONDITIONAL, with right to fill and refill continuously whenever in priority, up to three fills of the requested volume. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Landowner: Dyno Nobel, Inc. 12. Name of pond: Cyprus Pond 002. Location of pond: The pond will be located in the NE1/4 of the NE1/4 of Section 14, Township 46 North, Range 16 West of the N.M.P.M., at a point 605 feet from the North section line and 237 feet from the East section line. Source: Cyprus Mine Pump, Calamity Draw Pump Station 003, direct delivery or pumping of Colorado Company Ditch shares and surface water, storm water runoff, seepage and wastewater tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 25 acre-feet, CONDITIONAL, with right to fill and refill continuously whenever in priority, up to three fills of the requested volume. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Landowner: Dyno Nobel, Inc. 13. Name of pond: Cyprus Pond 003. Location of pond: The pond will be located in the SE1/4 of the NE1/4 of Section 11, Township 46 North, Range 16 West of the N.M.P.M., at a point 1,711 feet from the North section line and 229 feet from the East section line. Source: Cyprus Mine Pump, Calamity Draw Pump Station 003,

direct delivery or pumping of Colorado Company Ditch shares and surface water, storm water runoff, seepage and wastewater tributary to Calamity Draw, tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 40 acre-feet, CONDITIONAL, with right to fill and refill continuously whenever in priority, up to three fills of the requested volume. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. Landowner: Phyllis June McClellan and Frank and Hannah Elder. 14. Name of pond: New Horizon Mine Pond 008 Refill. Location of pond: New Horizon Mine Pond No. 008 Refill is located in the NW1/4 of the SW1/4 of the NW1/4 of Section 6, Township 46 North, Range 15 West of the N.M.P.M., at a point 1,822 feet from the North section line and 163 feet from the West section line. Source: New Horizon 2 Mine Pump, surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Date of appropriation: June 15, 2001. How appropriation was initiated: By refilling and use thereof. Amount claimed: 22.68 acre-feet, ABSOLUTE, by continuous fill and refill, whenever in priority, in addition to original decreed amount for this pond as explained in paragraph 14.g. below. Use: Commercial, irrigation and industrial including dust suppression and sediment control. Remarks: New Horizon Mine Pond 008 was originally decreed in Case No. 01CW114. Case No. 09CW37 is pending to make New Horizon Mine Pond 008 absolute in the amount of 7.56 acre-feet with an appropriation date of June 15, 2001. The purpose of this application is to obtain a junior refill right in addition to the original decree for multiple fillings with the right to fill and refill continuously whenever in priority. Landowner: Ward E. and Alma E. Burbridge. 15. Name of pond: New Horizon Mine Pond 009 Refill. Location of pond: New Horizon Mine Pond No. 009 Refill Right is located in the NE1/4 of the NE1/4 of the SE1/4 of Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a point 2,260 feet from the South section line and 223 feet from the East section line. Source: New Horizon 2 Mine Pump, surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 18.51 acre-feet, CONDITIONAL by continuous fill and refill, whenever in priority, in addition to the original decreed amount for this pond as explained in paragraph 15.g. below. Use: Commercial, irrigation and industrial including dust suppression and sediment control. Remarks: New Horizon Mine Pond 009 was originally decreed in Case No. 01CW114. In Case No. 09CW37, a finding of reasonable diligence is pending for New Horizon Mine Pond 009 in the amount of 6.17 acre-feet with an appropriation date of June 15, 2001. The purpose of this application is to obtain a junior refill right in addition to the original decree for multiple fillings with the right to fill and refill continuously whenever in priority. Landowner: Carl N. and Theresa L. Benson. 16. Name of pond: New Horizon Mine Pond 011 Refill. Location of pond: New Horizon Mine Pond No. 011 Refill Right is located in the NW1/4 of the NE1/4 of the NW1/4 of Section 1, Township 46 North, Range 16 West of the N.M.P.M., at a point 178 feet from the North section line and 1,650 feet from the East section line. Source: New Horizon 2 Mine Pump, surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Date of appropriation: June 15, 2001. How appropriation was initiated: By refilling and use thereof. Amount claimed: 13.2 acre-feet, ABSOLUTE, by continuous fill and refill, whenever in priority, in addition to original decreed amount for this pond as explained in

paragraph 16.g. below. Use: Commercial, irrigation and industrial including dust suppression and sediment control. Remarks: New Horizon Mine Pond 011 was originally decreed in Case No. 01CW114. Case No. 09CW37 is pending to make New Horizon Mine Pond 011 absolute in the amount of 4.40 acre-feet with an appropriation date of June 15, 2001. The purpose of this application is to obtain a junior refill right in addition to the original decree for multiple fillings with the right to fill and refill continuously whenever in priority. Landowner: Frank and Mary Lou Morgan. 17. Name of pond: New Horizon Mine Pond 012 Refill. Location of pond: New Horizon Mine Pond No. 012 Refill is located in the NE1/4 of the NW1/4 of the SE1/4 of Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a point 2,444 feet from the North section line and 1,853 feet from the East section line. Source: New Horizon 2 Mine Pump, surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 15.72 acre-feet, CONDITIONAL, by continuous fill and refill, whenever in priority, in addition to original decreed amount for this pond as explained in paragraph 17.g. below. Use: Commercial, irrigation and industrial including dust suppression and sediment control. Remarks: New Horizon Mine Pond 012 was originally decreed in Case No. 01CW114. In Case No. 09CW37, a finding of reasonable diligence is pending New Horizon Mine Pond 012 in the amount of 5.24 acre-feet with an appropriation date of June 15, 2001. The purpose of this application is to obtain a junior refill right in addition to the original decree for multiple fillings with the right to fill and refill continuously whenever in priority. Landowner: Antoinette Rosella Lloyd; Mary Ruth Bolender; Winona Mae Cressler; and Harry Curtis Lloyd. 18. Name of pond: New Horizon Mine Pond 013 Refill. Location of pond: New Horizon Mine Pond No. 013 Refill is located in the NW1/4 of the NW1/4 of the SW1/4 of Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a point 2,026 feet from the South section line and 635 feet from the West section line. Source: New Horizon 2 Mine Pump, surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 18.18 acre-feet, CONDITIONAL, by continuous fill and refill, whenever in priority, in addition to original decreed amount for this pond as explained in paragraph 18.g. below. Use: Commercial, irrigation and industrial including dust suppression and sediment control. Remarks: New Horizon Mine Pond 013 was originally decreed in Case No. 01CW114. In Case No. 09CW37, a finding of reasonable diligence is pending New Horizon Mine Pond 013 in the amount of 6.06 acre-feet with an appropriation date of June 15, 2001. The purpose of this application is to obtain a junior refill right in addition to the original decree for multiple fillings with the right to fill and refill continuously whenever in priority. Landowner: Western Fuels. 19. Name of pond: New Horizon Mine Pond 015 Refill. Location of pond: The pond is located in the SW1/4 of the SW1/4 Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a point 595 feet from the South section line and 116 feet from the West section line. Source: New Horizon 2 Mine Pump, surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels and by a subsequent posting of notice of applicant’s intent to appropriate at the structure. Amount claimed: 1.2 acre-feet, CONDITIONAL, by continuous fill and refill, whenever in priority, in addition to original

decreed amount for this pond as explained in paragraph 19.g. below. Use: Commercial, irrigation and industrial including dust suppression and sediment control. Remarks: New Horizon Mine Pond 015 was originally decreed in Case No. 01CW114. In Case No. 09CW37, a finding of reasonable diligence is pending New Horizon Mine Pond 015 in the amount of 0.40 acre-feet with an appropriation date of June 15, 2001. The purpose of this application is to obtain a junior refill right in addition to the original decree for multiple fillings with the right to fill and refill continuously whenever in priority. Landowner: Western Fuels. 20. Name of pond: New Horizon Mine Pond 001 Refill. Location of pond: New Horizon Mine Pond 001 Refill is located in the SW1/4 of the NW1/4 of Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a point South 12°55’ East, 2,920 feet from the northwest corner of said Section 36. Source: Surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Date of appropriation: October 1976. How appropriation was initiated: By use and refilling of the Pond. Amount claimed: 51.57 acre-feet, ABSOLUTE, by continuous fill and refill, whenever in priority, in addition to original decreed amount for this pond as explained in paragraph 20.g. below. Use: Commercial, irrigation and industrial including dust suppression and sediment control. Remarks: New Horizon Mine Pond 001 was originally decreed in Case No. 87CW116. The right was made absolute in Case No. 94CW074 in the amount of 17.19 acre-feet with an appropriation date of October 1976. The purpose of this application is to obtain a junior refill right in addition to the original decree for multiple fillings with the right to fill and refill continuously whenever in priority. Name: The decree in Case No. 87CW116 specified that this structure would be called Peabody Nucla Mine Pond NPDES 001. Subsequently, in Case No. 94CW074, the pond was decreed absolute under the name Peabody Nucla Mine (a/k/a New Horizon Mine) Pond NPDES 001. Because the New Horizon Mine is widely known in this river basin, this application uses the alternative name decreed to avoid possible confusion. Landowner: Western Fuels. 21. Name of pond: New Horizon Mine Pond 006 Refill. Location of pond: New Horizon Mine Pond 006 Refill is located in the SW1/4 of the NE1/4 of Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a point South 49° West, 3,260 feet from the northeast corner of said Section 36. Source: Surface water, storm water runoff, seepage and wastewater tributary to Tuttle Draw, tributary to the San Miguel River. Date of appropriation: March 1987. How appropriation was initiated: By use and refilling of the pond. Amount claimed: 30.93 acre-feet, ABSOLUTE, by continuous fill and refill, whenever in priority, in addition to original decreed amount for this pond as explained in paragraph 21.g. below. Use: Commercial, irrigation and industrial including dust suppression and sediment control. Remarks: New Horizon Mine Pond 006 was originally decreed in Case No. 87CW116. The right was made absolute in Case No. 94CW074 in the amount of 10.31 acre-feet with an appropriation date of March 1987. The purpose of this application is to obtain a junior refill right in addition to the original decree for multiple fillings with the right to fill and refill continuously whenever in priority. Name: The decree in Case No. 87CW116 specified that this structure would be called Peabody Nucla Mine Pond NPDES 006. Subsequently, in Case No. 94CW074, the pond was decreed absolute under the name Peabody Nucla Mine (a/k/a New Horizon Mine) Pond NPDES 006. Because the New Horizon Mine is widely known in this river basin, this application uses the alternative name decreed to avoid possible confusion. Landowner: Western Fuels. APPLICATION FOR APPROPRIATIVE RIGHTS OF EXCHANGE 22. Name of exchange: New Horizon North Tuttle Draw Exchange. Description of exchange: The exchange is will be operated in priority from the point of diversion of the New Horizon North Southeast Pump Station to the point of replacement, the confluence of that unnamed tributary to Tuttle Draw and Tuttle Draw. Location of

lower terminus: The lower terminus of the exchange will be located in the NE1/4 of the SE1/4 of Section 35, Township 47 North, Range 16 West of the N.M.P.M., at a point 1,998 feet from the South section line and 239 feet from the East section line. Location of upper terminus: The upper terminus will be located in the SE1/4 of the SW1/4 of Section 25, Township 47 North, Range 16 West of the N.M.P.M., at a point 297 feet from the South section line and 2,625 feet from the West section line. Source: Replacement water will be released from any of the sources listed above in this application and those sources provided in an augmentation plan to be filed following this application, including but not limited to shares of the CC Ditch and structures named in Case No. 88CW054. Date of appropriation: December 3, 2008. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels. Amount claimed: 0.16 cfs, CONDITIONAL. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. 23. Name of exchange: Cyprus San Miguel Exchange. Location of lower terminus: The lower terminus of the exchange will be in the SW1/4 of the NW1/4 of Section 20, Township 47 North, Range 16 West of the N.M.P.M., at a point 348 feet from the South section line and 874 feet from the West section line. Location of upper terminus: The upper terminus of the exchange will be in the SE1/4 of the SE1/4 of Section 24, Township 46 North, Range 16 West of the N.M.P.M., at a point 1,102 feet from the South section line and 138 feet from the East section line. Date of appropriation: December 3, 2008. Source: Replacement water will be released from any of the sources listed above in this application and those sources provided in an augmentation plan to be filed following this application, including but not limited to shares of the CC Ditch and structures named in Case No. 88CW054, and natural flows from Tuttle Draw, Coal Canyon and the San Miguel River. How appropriation was initiated: By a meeting of the Board of Managers of Western Fuels. Amount claimed: 2.2 cfs, CONDITIONAL. Use: Commercial, irrigation, industrial including dust suppression and sediment control, and augmentation including but not limited to storage in ponds for these uses. 24. Descriptive map: A map showing the location of the above structures and exchange termini is provided as Exhibit B, attached hereto. 25. Integrated system: The above structures and water rights requested herein will be part of a single “project or integrated system” within the meaning of C.R.S. § 37-92-301(4)(b), such that work on any feature of Western Fuels’ integrated system shall be considered in finding in the future that reasonable diligence has been shown in the development of any and all water rights for that entire system. 26. 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 pool: Listed on Exhibit C attached hereto. 27. Remarks: Western Fuels estimates at this time that it may complete mining operations at its New Horizon 2 Mine in 2013. Around that time, Western Fuels will begin mining at New Horizon North Mine area. Upon completion of its New Horizon North Mine operations, Western Fuels plans to move its operations to portions of Airport Mesa, currently identified as the Cyprus Mining Area. The purpose of this application is to provide water rights necessary to support mining in all three mining areas. An augmentation plan to complement these water rights is projected to be filed in 2010. WHEREFORE, applicant, Western Fuels-Colorado, LLC, requests the Court to enter a decree granting the application herein, confirming and adjudicating the surface water rights, underground water rights, water storage rights, and appropriative rights of exchange requested herein, together with any and other relief that the Court deems proper and necessary. MONTROSE COUNTY

CASE NO. 2009CW172 (REF NO. 02CW300) TURKEY CREEK, TRIBUTARY TO THE SAN MIGUEL RIVER. Zoline Family Estate, LLC, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Craig V. Corona, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structures: Jebby Spring. Type: Spring. Pamela Spring. Type: Spring. Gabriel Spring. Type: Spring. Josselin Spring. Type: Spring. Abigail Spring. Type: Spring. Thomas Spring. Type: Spring. Patricia Spring. Type: Spring. Joseph Spring. Type: Spring. Sascha Springs. Type: Spring. Sunshine Spring No. 1 Enlargement. Type: Spring. Description of conditional water rights: Date of Original Decree: December 15, 2003. Case No. 02CW300. Court: District Court, Water Division No. 4. Subsequent decrees awarding findings of diligence: NA. Decreed legal descriptions: (Maps showing the locations of the springs are attached as Exhibits A & B: Please note the USGS Topo Map used for Exhibit A does not show the resurvey lines of the sections referenced in the legal descriptions. This map is provided for reference only and is not intended to alter or change the decreed location of the water rights). Jebby Spring is located 2350 feet from the west section line, 330 feet from the south section line, Section 8, T42N, R9W, NMPM, according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of Land Management, March 28, 1990. Supplemental legal description for the Jebby Spring: SE ¼, SW ¼, Section 8, T 42N, R 9W, NMPM at a point 2350 from the west section line and 330 feet from the south section line in San Miguel County. The Pamela Spring is located 708 feet from the west section line, 3212 feet from the south section line, Section 8, T42N, R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of Land Management, March 28, 1990. Supplemental legal description for the Pamela Spring: SW ¼, NW ¼, Section 8, T 42N, R 9W, NMPM at a point 708 feet from the west section line and 3212 feet from the south in San Miguel County. The Gabriel Spring is located 311 feet from the west section line, 3095 feet from the south section line, Section 8, T42N, R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of Land Management, March 28, 1990. Supplemental legal description for the Gabriel Spring: SW ¼, NW ¼, Section 8, T 42N, R 9W, NMPM at a point 311 feet from the west section line and 3095 feet from the south section line in San Miguel County. The Josselin Spring is located 773 feet from the west section line, 1942 feet from the south section line, Section 8, T42N, R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of Land Management, March 28, 1990. Supplemental legal description for the Josselin Spring: NW ¼, SW ¼, Section 8, T 42N, R 9W, NMPM at a point 773 feet from the west section line and 1942 feet from the south section line in San Miguel County. The Abigail Spring is located 1044 feet from the west section line, 1818 feet from the south section line, Section 8, T42N, R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the

New Mexico Principal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of Land Management, March 28, 1990. Supplemental legal description for the Abigail Spring: NW ¼, SW ¼, Section 8, T 42N, R 9W, NMPM at a point 1044 feet from the west section line and 1818 feet from the south section line in San Miguel County. The Thomas Spring is located 444 feet from the west section line, 820 feet from the south section line, Section 8, T42N, R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of Land Management, March 28, 1990. Supplemental legal description for the Thomas Spring: SW ¼, SW ¼, Section 8, T 42N, R 9W, NMPM at a point 444 feet from the west section line and 820 feet from the south section line in San Miguel County. The Patricia Spring is located 505 feet from the north section line, 115 feet from the east section line, Section 18, T42N, R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of Land Management, March 28, 1990. Supplemental legal description for the Patricia Spring: NE ¼, NE ¼, Section 18, T 42N, R 9W, NMPM at a point 505 feet from the north section line and 115 feet from the east section line in San Miguel County. The Joseph Spring is located 749 feet from the north section line, 233 feet from the east section line, Section 18, T42N, R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of Land Management, March 28, 1990. Supplemental legal description for the Joseph Spring: NE ¼, NE ¼, Section 18, T 42N, R 9W, NMPM at a point 749 feet from the north section line and 233 feet from the east section line in San Miguel County. The Sascha Springs are located 1001 feet from the north section line, 642 feet from the east section line, Section 18, T42N, R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of Land Management, March 28, 1990. Supplemental legal description for the Sascha Springs: NE ¼, NE ¼, Section 18, T 42N, R 9W, NMPM at a point 1001 feet from the north section line and 642 feet from the east section line in San Miguel County. The Sunshine Spring No. 1 Enlargement is located 393 feet from the north section line, 6 feet from the east section line, Section 18, T42N, R9W, NMPM according to that Dependent Resurvey, Subdivision of Sections 18 and 19, and Metes and Bounds Survey of Certain Tracts, Township 42 North, Range 9 West, of the New Mexico Principal Meridian, Colorado, approved by the Chief Cadastral Surveyor for Colorado, United States Department of the Interior, Bureau of Land Management, March 28, 1990. Supplemental legal description for the Sunshine Spring No. 1 Enlargement: NE ¼, NE ¼, Section 18, T 42N, R 9W, NMPM at a point 393 feet from the north section line and 6 feet from the east section line in San Miguel County. All supplemental legal descriptions were obtained from Division of Water Resources CDSS Structure Summary Reports and are provided for reference only and are not intended to alter or change the decreed location of the water rights. Source of water for all structures: Turkey Creek, tributary to the San Miguel River. Appropriation date for all structures December 10, 2002. Conditional amounts: Jebby Spring: 0.06 cfs. Pamela Spring: 0.04 cfs. Gabriel Spring:

Appropriation date for all structures December 10, 2002. 0.02 cfs. Josselin Spring: 0.04 cfs. Abigail Spring: 0.04 cfs. Thomas Spring: 0.04 cfs. Patricia Spring: 0.06 cfs. Joseph Spring: 0.06 cfs. Sascha Spring: 0.14 cfs. Sunshine Spring No. 1 Enlargement: 0.2 cfs. Uses: Jebby Spring: Irrigation of wetlands, wildlife watering, filling of ponds for recreation and fish culture and irrigation of 1.8 acres. Pamela Spring: Irrigation of wetlands, wildlife watering, filling of ponds for recreation and fish culture, and irrigation of 1.2 acres. Gabriel Spring: Irrigation of wetlands, wildlife watering, filling of ponds for recreation and fish culture, and irrigation of 0.6 acres. Josselin Spring: Irrigation of wetlands, wildlife watering, filling of ponds for recreation and fish culture, and irrigation of 1.2 acres. Abigail Spring: Irrigation of wetlands, wildlife watering, filling of ponds for recreation and fish culture, and irrigation of 1.2 acres. Thomas Spring: Irrigation of wetlands, wildlife watering, filling of ponds for recreation and fish culture, and irrigation of 1.2 acres. Patricia Spring: Irrigation of wetlands, wildlife watering, filling of ponds for recreation and fish culture, and irrigation of 1.8 acres. Joseph Spring: Irrigation of wetlands, wildlife watering, filling of ponds for recreation and fish culture, and irrigation of 1.8 acres. Sascha Spring: Irrigation of wetlands, wildlife watering, filling of ponds for recreation and fish culture, and irrigation of 4.2 acres. Sunshine Spring No. 1 Enlargement: Irrigation of wetlands, wildlife watering, filling of ponds for recreation and fish culture, and irrigation of 6.0 acres. Remarks: the wetlands to be irrigated are depicted on the map attached to the decree in Case No. 02CW300 on file with the court. The 21 acres proposed to be irrigated lies within the parcel depicted on the map attached as Exhibit C and on United States Forest Service lands immediately adjacent to that parcel. Outline of diligent effort to complete appropriation: Applicant has developed and granted to the Nature Conservancy a conservation easement for the property on which the water rights will be used. The easement protects the wetlands and ponds for which the water rights will be developed and protects Applicant’s right to fully develop the conditional water rights for all of their decreed uses. Applicant estimates its expense in this matter to be in excess of $100,000. The Gabriel Spring, Pamela Spring, and Jebby Spring irrigate some of the constructed wetlands and landscaping planned on Applicant’s property and immediately adjacent property owned by the United States Forest Service. General description of lands to be irrigated: A total of 21 acres within the parcel depicted on the map attached as Exhibit C and Forest Service land immediately adjacent to that parcel. Applicant and the United States Forest Service, c/o James J. DuBois, U.S. Department of Justice, Environmental and Natural Resources Division, 1961 Stout Street, 8th Floor, Denver, CO 80294 and USFS District Wildlife Biologist, P.O. Box 388, 1150 Forest, Norwood, CO 81423, own the land on which the 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. Remarks or any other pertinent information: These water rights are components of an integrated water supply for the Applicant’s property as decreed in Case No. 02CW300. The Sunshine Spring No. 1 Enlargement is an enlargement to the Zoline Family Estate, LLC's existing Sunshine Spring No. 1 absolute water right of 0.03 cfs. SAN MIGUEL COUNTY. CASE NO. 2009CW173 Gunnison County, Collins Ditch, tributary to the Little Cimarron River, a tributary of the Gunnison River (Water District 62). Applicant: Larry A. Collins and Lula May Collins, Box 298, Cimarron, Colorado 81220, (970) 252-9465. Attorney: Stephen M. Mathis, Mathis Martin & Kidnay, P.O. Box 1487, Montrose, CO 81402, (970) 249-2546. Type of application: Application for Surface Water Rights. Name of structure: Collins Ditch - Location: The point of diversion for the Collins Ditch is located at the concrete division box which releases irrigation water to which Applicants are entitled under their ownership of four shares of the common stock of the Big Blue

Ditch Company. Said concrete division box is 998 feet north of the south section line and 2,397 feet east of the west section line, within Section 20, Township 48 North, Range 5 West, New Mexico Principal Meridian. Source: The source of supply for the Collins Ditch is tail water, waste water and natural runoff, all of which originates on land and slopes which are tributary to the natural drainage channel which has, since 1905, conveyed Applicants’ four shares of Big Blue Ditch Company irrigation water to Applicants’ fields in Section 23, Township 48 North, Range 6 West, New Mexico Principal Meridian. Appropriation Date and Date Water Applied to Beneficial Use: 1905 Drainage basin: Little Cimarron River and Gunnison River. Quantity: Seasonal peak flow of 1.10 c.f.s, consisting of 0.60 c.f.s. absolute (for irrigation), 0.25 c.f.s absolute (for stock watering), and 0.25 c.f.s. conditional (for irrigation). Type of use: Irrigation and stock watering. Type of structure: Ditch to convey tail water, waste water and natural runoff, by historic route of natural drainage channel to Applicants’ intake structure and by underground pipe to Applicants’ property. Additional information: See Application for Surface Water Rights and Exhibits thereto, as filed with the Water Court, Division 4, for further details. GUNNISON COUNTY. CASE NO. 2009CW174 Gunnison County – Application for Absolute and Conditional Surface Water Rights. Applicant: Terry J. Emrick; c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Emrick Pump and Pipeline. Legal Desc.: SE¼ of the SW¼, Sec. 15, T. 51 N., R. 1 E. of the NMPM, at a pt. 1,056 ft. N. of the S. sec. line and 1,779 ft. E. of the W. sec. line of said Sec. 15. Street Address: 11077 Hwy 135, Almont, CO 81210. Source: East River, trib. to the Gunnison River. Date of initiation of approp. for absolute portion: 6/1/2003. Date of initiation of appropriation for conditional portion: 9/15/2009. How approp. was initiated: Placement to beneficial use by irr. of 1.3 acres, location of diversion, site visit by Applicant’s engineer and surveyor, and filing of this application. Date water applied to beneficial use: 6/1/2003. Amount: 0.2 c.f.s. (90 g.p.m.) absolute, 0.3 c.f.s. (135 g.p.m.) cond. Use: Irr. Acres hist. irrigated: 1.3 acres since 2003. Applicant proposes to irrigate an additional 2.5 acres. The total irrigated acreage will be 3.8 acres, which includes 1.3 acres of exist. irr. area and 2.5 of additional area to be irrigated, all of which is depicted on the map on file with the court. Legal Desc. of acreage to be irrigated: 3.8 acres in the SE¼, SW¼, Sec. 15, T. 51 N., R. 1 E., NMPM. Applicant is the owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. 5 pgs. GUNNISON COUNTY. CASE NO. 2009CW175 GUNNISON COUNTY; Mt. Crested Butte Water and Sanitation District, a Colorado special district, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO , (970) 241-5500; APPLICATION FOR WATER STORAGE RIGHT; I. GENERAL INFORMATION: Name, address, and telephone number of Applicant: Mt. Crested Butte Water and Sanitation District, P.O. Box 5740, Crested Butte, CO 81225-5740, (970) 349-7575; Background: The District owns water rights decreed to the Meridian Lake Park Reservoir No.1, including 110 a.f. decreed in Case No. W-2009 and a 100 a.f. refill right decreed in Case No. 95CW218. At the time of the decree in Case No. W-2009, the Reservoir was thought to have a capacity of 110 a.f. However, through a survey of the Reservoir performed in June 2009 the District discovered that the true capacity of the Reservoir is actually 192.46 a.f. By this Application, the District seeks an 82.46 acre-foot enlargement of the original decreed water right to reflect the actual capacity of the Reservoir. Additionally, Applicant seeks a 92.46 a.f. enlargement of the refill right decreed in Case No. 95CW218. No physical changes to the Reservoir or dam will be

necessary to effectuate the use of the right sought in this case; II. REQUEST FOR WATER STORAGE RIGHT: Name of reservoir: Meridian Lake Park Reservoir No. 1, First Enlargement; Legal description: The point of intersection of the centerline of the dam for the Meridian Lake Park Reservoir No. 1 and Washington Gulch is located in the NE/4 SW/4 of Section 22, T13S, R86W, at a point which is 1,986 feet from the south section line and 2,086 feet from the west section line; Source: The Reservoir is an on-channel structure on Washington Gulch, tributary to the Slate River, tributary to the East River, tributary to the Gunnison River; Date of appropriation: September 14, 1978; How appropriation was initiated: By contact with water engineer regarding preparing a bottom survey of the Reservoir; Date water applied to beneficial use: June 1, 1979; Amount claimed and use: 82.46 a.f. for the first fill, absolute for recreational and piscatorial use, conditional for domestic, municipal, irrigation, commercial, industrial, and augmentation. The 82.46 a.f. requested in this claim is in addition to the 110 a.f. decreed in Case No. W-2009. Additionally, Applicant seeks a 92.46 a.f. enlargement of the refill right decreed in Case No. 95CW218, absolute for recreational and piscatorial use, conditional for domestic, municipal, irrigation, commercial, industrial, and augmentation; Surface area of high water line: 7.84 acres; Vertical height of dam: 55 feet; Length of dam: 560 feet; Total capacity of reservoir: 192.46 a.f.; Active capacity: The 82.46 a.f. enlargement of the first fill right and the 92.46 a.f. enlargement of the refill right are 100% active because they are assumed to be stored “on top” of the senior storage right decreed in W-2009. 4 pages. GUNNISON COUNTY. CASE NO. 2009CW176. Darwin and Sharon Lewis, 63382 W. Oak Grove Road, Montrose, CO 81401, Application for Surface Water Right: Lewis Waste Water Ditch – NE1/4NE1/4 of Section 6, T48N, R9W, NMPM. 3,981 feet from the south line and 37 feet from the east section line. Source: Happy Canyon Creek and the Uncompahgre River. Appropriation Date: 05/31/2007. Amount Claimed: 3.25 c.f.s. absolute for irrigation of 65 acres. MONTROSE COUNTY. CASE NO. 2009CW177. Applicant: Daniel Bolton, 34879 Powell Mesa Road, Hotchkiss, CO 81419. Application for Surface Water Right: Jay Creek Ditch – SW1/4SE1/4SE1/4 of Section 7, T14S, R92W, 6th PM. 88 feet from the south line and 1,097 feet from the east section line. Source: Jay Creek and the North Fork of the Gunnison River. Appropriation Date: 11/01/1953. Amount Claimed: .75 c.f.s. absolute for winter stockwater and to fill stock ponds. DELTA COUNTY. CASE NO. 2009CW178 DELTA COUNTY, COLORADO - Gunnison River; Liman, LLC, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; APPLICATION FOR APPROPRIATIVE RIGHT OF EXCHANGE; I. GENERAL INFORMATION: Name, address, and telephone number of Applicant: Marley Hodgson, Liman, LLC, Smith Fork Ranch, P.O. Box 401, Crawford, CO 81415, (970) 921-3454; II. APPLICATION FOR APPROPRIATIVE RIGHT OF EXCHANGE; Name of exchange: Head & Ferrier Exchange; Location of structures and description of exchange reach: Applicant seeks the right to place Applicant’s Head & Ferrier water in the Smith Fork and to exchange that water from the downstream terminus at the confluence between Smith Fork and Second Creek, up Second Creek to the point of diversion at the upstream terminus described as: A. The upstream terminus for the Head & Ferrier Exchange is a point of diversion on Second Creek located in the NE/4 SW/4 of Section 24, T15S, R91W, 6th P.M., at a point which is 1,952 feet from the west section line and 1,358 feet from the south section line; B. The downstream terminus for the Head & Ferrier Exchange is the

confluence between Second Creek and the Smith Fork, which is located in the SW/4 SW/4 of Section 24, T15S, R91W, 6th P.M., at a point which is 1,526 feet from the west section line and 820 feet from the south section line; Rate of exchange flow: 2 c.f.s. absolute, representing Applicant’s 25% interest in the Head & Ferrier Ditch; Appropriation date: June 15, 2002; III. APPLICATION FOR APPROPRIATIVE RIGHT OF EXCHANGE: Name of exchange: Crawford Reservoir Exchange; Location of structures and description of exchange reach: Applicant seeks the right to exchange reservoir releases from the Crawford Reservoir, made a the location described as the downstream terminus, below, into the Smith Fork, upstream to the confluence with Second Creek, then upstream on Second Creek to the point of diversion at the upstream terminus described as: A. The upstream terminus for the Crawford Reservoir Exchange is the point of diversion from Second Creek located in the NE/4 SW/4 of Section 24, T15S, R91W, 6th P.M. at a point which is 1,952 feet from the west section line and 1,358 feet from the south section line; B. The downstream terminus for the Crawford Reservoir Exchange is the Crawford Reservoir Dam, located in the NW/4 NW/4 of Section 13, T51N, R7W, N.M.P.M., 895 feet from the west section line and 1070 feet from the north section line; Rate of exchange flow: .03 c.f.s. absolute, not to exceed 10 a.f., annually; Appropriation date: September 1, 2009; Comments: Applicant acknowledges that the Colorado Water Conservation Board holds an instream flow right in the Smith Fork and that such instream flow right is senior to the Crawford Reservoir Exchange requested in this Application. 4 pages. DELTA COUNTY CASE NO. 2009CW179 (REF NOS. 03CW164; 96CW204, W-346) OURAY County. Source: Alkali Creek, tributary to the Uncompahgre River. Application for Finding of Reasonable Diligence of Steven S. and Pamela L. Baker. In care of Sara M. Dunn, Balcomb & Green, P.C., PO Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546. Structures: Roberts Domestic Pipeline. Date of Original Decree: 7/8/1997, as amended. Case No. 96CW204. Legal description: a point of diversion located in the NE1/4 SW1/4 SW1/4, Sec. 26, T46N, R8W, NMPM, whence SW corner of Sec. 26 bears S. 55 Deg. 13’ W, 1,596 ft. Approp. 12/5/1996. Amt. 0.35 c.f.s., cond. for Irr. of 16 ac, fish culture, wildlife and recreation. Structure: Baker Lake. Date of Original Decree: 7/8/1997, as amended. Case No. 96CW204. Legal description: located in the SE1/4 SW1/4 SW1/4, Sec. 26, T46N, R8W, NMPM, whence the SW corner of Sec. 26 bears S. 69 Deg. 15’ W, 792 ft. Source: Alkali Creek (via Roberts Domestic Pipeline) tributary to the Uncompahgre River. Approp. Date: 12/5/1996. Amt. and use: Storage of 6.30 af, cond., for fish culture, wildlife, recreation and Irr. A detailed outline of applicants’ diligence activities is contained in the application on file with the Court. 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, including any modification to the existing storage pool. (5 pgs, 3 ex.) OURAY COUNTY. CASE NO. 2009CW180 (REF NO. 02CW54). GUNNISON COUNTY, WATER TRIBUTARY TO SLATE RIVER, TRIBUTARY TO EAST RIVER, TRIBUTARY TO GUNNISON RIVER. Robert Stuplich, and Butte Pasture Association, Inc., c/o Christopher L. Geiger, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado, 81601 (970) 945-6546. Application for Finding of Reasonable Diligence and to Make Absolute in Part. In 02CW054, this Court decreed water rights to the Butte Pasture Well Field and Butte Pasture Pond. These water rights were decreed for use within the Butte Pasture Subdivision, including for the domestic, irrig. and stock watering. Applicant Butte Pasture Assn. is the owners’ association formed for the Butte

Pasture Subdivision. Applicant Robert Stuplich is a successor in interest to the original applicant in 02CW54, and a member of the Assn. Name of structure: Butte Pasture Well Field. Legal: A parcel of land located in the South Half of the SW 1/4 of the NW 1/4 of Sec. 7, T. 14 S., R. 85 West, 6th P.M., and NW 1/4 of the SW ¼ of said Sec. 7, described as: Beginning at the West 1/4 Corner of said Sec. 7; thence N. 00 degrees 17 '45" E. a distance of 660.85 feet; thence N. 89 degrees 04' 19" E. a distance of 1223.89 feet; thence S. 00 degrees 22' 51" W. a distance of 1484.58 feet; thence N. 89 degrees 37' 09" W. a distance of 505.63 feet; thence S. 37 degrees 16' 35" W. a distance of 640.47 feet; thence S. 88 degrees 51' 00" W. a distance of 312.18 feet; thence N. 00 degrees 30' 24" West a distance of 1316.48 feet to the Point of Beginning. The parcel contains 47.179 acres or 2,055,100 square feet more or less. Basis of bearing being S. 00 degrees 30'24" East from a found BLM brass cap located at the West 1/4 Corner of said Sec. 7 to a found 3" Aluminum Witness Corner for the SW Corner of said Sec. 7, located on the West Line of said Sec. 7, Land Surveyor number 11250. Approp. Date: 3/17/99. Decreed Amt.: 135 gpm and 4.31 AF annually, cond., cumulative. Decreed Use: Irrig., domestic for 9 residences and livestock watering. Irrig. Use Legal description of acreage: 12,000 square feet within the Butte Pasture Subdivision. Legal description of the Butte Pasture Subdivision is: A parcel of land located in the West 1/2 of Sec. 7, T. 14 S., R. 85 West, 6th P.M, and in the East 1/2 of the SE 1/4 of Sec. 12, T. 14 S., R. 86 West, 6th P.M., described as: Beginning at the West 1/4 Corner of said section 7; thence S 00 degrees 30' 24" E a distance of 424.00 feet; thence S 42 degrees 13' 48" W a distance of 1145.98 feet; thence S 47 degrees 05' 28" E a distance of 300.99 feet; thence S 42 degrees 37' 18" E a distance of 306.36 feet; thence S 35 degrees 29' 14" E a distance of 277.82 feet; thence S 38 degrees 21'23" E a distance of 24.59 feet; thence N 37 degrees 16' 35" E a distance of 1442.54 feet; thence S 89 degrees 37' 09" E a distance of 505.63 feet; thence N 00 degrees 22' 51" E a distance of 1484.58 feet; thence S 89 degrees 04' 19" W a distance of 1223.89 feet; thence S 00 17' 45" W a distance of 660.85 feet to the point of beginning. Non-Irrig: domestic use for 9 residences, and livestock watering. The Decree entered in 02CW54 allows for the development of up to 9 wells within the Butte Pasture Well Field. Name of Structure: Butte Pasture Pond. Legal: the centerline of the dam at its intersection with an unnamed trib. to the Slate River is in the SW¼ NW¼ of Sec. 7, T. 14 S., R. 85 West, 6th P.M. at a point 650 feet from the West sec. line and 2200 feet from the N. section line. Approp. Date: 3/17/99. Decreed uses: aug. (including of domestic, irrig. and livestock watering), piscatorial and recreation. Capacity of reservoir: 10 a.f. In 02CW54, Water Court, W.D. 4, the Butte Pasture Well Field and Butte Pasture Pond water rights were confirmed as part of an integrated system of water rights including a plan of aug. for the Butte Pasture Subdivision near Crested Butte, Co. “When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” C.R.S. §37-92-301(4)(b). A list of diligence activities is included in the Application. Applicants request a finding continuing the conditional rights for the Butte Pasture Well Field and Butte Pasture Pond except as confirmed absolute herein. Claim to make absolute: Butte Pasture Pond. Applied to beneficial use: 6/19/03. Amt. claimed absolute: 4.02 a.f. Uses: Piscatorial and recreation. Name and address of owners of land on 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: Applicant Robert Stuplich and Gary and Margaret Shaffer, P.O. Box 1128, Crested Butte, CO 81224; Mirabai Holland, 729 Stewart Street, Ridgefield, NJ 07657; James A. and Marja Willis, 6122 E. 107th Street, Tulsa, OK 74127; Mary Picciano, 201 Coyote Circle, Crested Butte, Co 81224; James R. and Abby T. Kunes,

P.O. Box 1993, Crested Butte, CO 81224; Milton L. Smith III and Karen A. Smith, 3805 Alta Mesa Court, Colorado Springs, CO 80907; Wolf Mountain Foundation, P.O. Box 876, Fredericksburg, TX 78624. (9 pages; 4 exhibits). GUNNISON COUNTY. CASE NO. 2009CW181 MESA COUNTY, DOLORES RIVER. Application to Confirm Underground Water Right. Applicant: John Hendricks c/o Mark E. Hamilton, Esq., HOLLAND & HART LLP, 600 E. Main St., Suite 104, Aspen, CO 81611, 970-925-3476, email: mehamilton@hollandhart.com. Name: Office Well No. 3; Well Permit: 67849-F, 01/20/2009; Location: SE¼ SE¼ of Sec. 16, T. 51 N., R. 19 W. of the N.M.P.M., 703 ft. from S. sec. line and 360 ft. from the E. sec. line; Source: Dolores River alluvium; Depth: 80 feet; Approp. date: 03/13/2008; Amount: 100 g.p.m., absolute, 455 g.p.m., conditional; Uses: irrigation, domestic, commercial, piscatorial, industrial, recreation and pond filling, (lands to be irrigated: up to 20 acres within Secs. 14, 15, 16, 21 and 22, T. 51 N., R. 19 W., N.M.P.M.).(5 pages). MESA COUNTY. CASE NO. 2009CW182 (REF NOS. 96CW70, 02CW248). Applicant: Red Mountain Ranch of Gunnison County Association, Inc., c/o Mark E. Hamilton, Esq., Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen, CO 81611, 970-925-3476, mehamilton@hollandhart.com. Application for Findings of Reasonable Diligence. Name of Structure: Red Mountain Spring and Pipeline. Prior decree information: Date of original decree: 12/31/96; Case No.: 96CW70; Court: Water Div. 4; Subsequent decrees: 02CW248, Water Div. 4. Location: SW1/4 NW¼ SE¼ of Sec.34, T. 14 S., R. 85 W. of the 6th P.M., at a point 1,700 feet from the S. sec. line and 2,400 feet from the E. sec. (see figure 1 attached to application). Source: a spring tributary to the East Riv., a tributary of the Gunnison Riv. Approp. date: 07/01/1925. Amount: 0.06 c.f.s. Uses: irrigation and stockwatering (absolute), domestic (conditional). A detailed outline of activity during the diligence period is included in the application. The subject water right is located upon lands owned by White Buffalo Trading Company, P.O. Box. 639, Crested Butte, CO, 81224. The application requests that all conditional amounts and uses be continued in full force and effect. (5 pages). GUNNISON COUNTY. CASE NO. 2009CW183 (REF NO. 02CW246). Applicant: Tim and Shelia Manzagol, 5636 County Road 23, Ridgway, CO 81432. Application for Finding of Diligence and To Make Absolute: Shining Mountain Spring No. 1 – SW1/4SE1/4NE1/4 of Section 4, T44N, R8W, NMPM. 2,800 feet from the south line and 675 feet from the east section line. Shining Mountain Spring No. 2 – SW1/4SE1/4NE1/4 of Section 4, T44N, R8W, NMPM. 2,825 feet from the south line and 700 feet from the east section line. Shining Mountain Ditch – SE1/4SE1/4NE1/4 of Section 4, T44N, R8W, NMPM. 3,025 feet from the south line and 650 feet from the east section line. Patsy’s Spring – NE1/4SE1/4NE1/4 of Section 4, T44N, R8W, NMPM. 3,375 feet from the south line and 550 feet from the east section line. Britney’s Spring – SE1/4SE1/4NE1/4 of Section 4, T44N, R8W, NMPM. 3,100 feet from the south line and 475 feet from the east section line. Quaking Aspens Spring – SE1/4SE1/4NE1/4 of Section 4, T44N, R8W, NMPM. 3,175 feet from the south line and 450 feet from the east section line. Quaking Aspens Ditch – NE1/4SE1/4NE1/4 of Section 4, T44N, R8W, NMPM. 3,600 feet from the south line and 525 feet from the east section line. Source: Uncompahgre River. Appropriation Date: 09/27/2002 for all structures. Amount Claimed: 12.5 g.p.m. absolute for Shining Mountain Spring No. 1, 12.5 g.p.m. conditional for Shining Mountain Spring No. 2, 25 g.p.m. conditional for Shining Mountain Ditch, 10 g.p.m. absolute for Patsy’s Spring, 25 g.p.m. conditional for Brittney’s Spring, 15 g.p.m. conditional for Quaking Aspens Spring and 50 g.p.m. conditional for Quaking Aspens Ditch. The

combined diversions from Shining Mountain Spring No. 1, Shining Mountain Spring No. 2 and Shining Mountain Ditch shall not exceed a flow rate of 25 g.p.m. at any one time, and the combined diversions from Patsy’s Spring, Brittney’s Spring, Quaking Aspens Spring and Quaking Aspens Ditch shall not exceed a flow rate of 50 g.p.m at any one time. The uses for all of the springs and surface diversions are for domestic use in two single family dwellings, irrigation including wetlands, power generation, recreational and wildlife purposes. The application on file with the Water Court contains a detailed outline of the work performed during the diligence period. OURAY COUNTY. CASE NO. 2009CW184 Mesa County. Application for Water Rights (Surface). Applicants: Stan E. Muhr and Barbara Muhr, 2024 E-3/4 Road, Grand Junction, Colorado 81507. Attorney for Applicant: John T. Howe, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 986-3400. Name of Structure: Muhr Spring No. 1. A. Source: Unnamed tributary to Lake Canyon, tributary to the North Fork of East Creek, tributary to East Creek, tributary to the Gunnison River. B. Location: SW¼NE¼ of Section 7, T 14 S, R 101 W of the 6th P.M.; 1,735 feet from the North section line and 3,025 feet from the West section line. C. Uses: wildlife and stock watering. D. Appropriation Date: September 1, 2009. E. Quantity: .007 c.f.s, absolute. Name of Structure: Muhr Spring No. 2. A. Source: Unnamed tributary to Lake Canyon, tributary to the North Fork of East Creek, tributary to East Creek, tributary to the Gunnison River. B. Location: NE¼NE¼ of Section 7, T 14 S, R 101 W of the 6th P.M; 891 feet from the North section line and 4,137 feet from the West section line. C. Uses: wildlife and stock watering. D. Appropriation Date: September 1, 2009. E. Quantity: .022 c.f.s., conditional. Landowner: Applicant. MESA COUNTY. CASE NO. 2009CW185 APPLICATION FOR WATER RIGHTS (SURFACE) 1. Name, mailing address, email address, and home telephone number of applicant(s): Kenneth J. Orvis, 21599 US Highway 550, Ridgway, CO 81432, c/o Andrew A. Mueller, The Tisdel Law Firm, P.C., PO Box 646, Ouray, CO 81427-0646; 970-325-4414, andrew@tlfirm.com. 2. Name of Structure: Walt Spring Enlargement 3. Legal Description of each point of diversion: NW1/4SW1/4, Section 22, Township 45 North, Range 8 West, N.M.P.M., Ouray County, Colorado with the point of diversion being 1800 Feet North of the South Section Line and 750 Feet East of the West Section Line of said Section 22; 4. Source of water: Seeps and springs tributary to the Uncompahgre River; A. Date of Initiation of Appropriation: May 1, 1957 for the absolute uses of: irrigation, warm water piscatorial, stockwater and wildlife uses and June 4, 2004 for the conditional uses of: geothermal heating, geothermal soaking, sanitarium, recreation, and commercial; B. How appropriation was initiated: The Applicants initiated and conducted an extensive multi-year spring assessment to gauge the flow, temperature and water quality of the spring to assess its suitability for various beneficial uses. C. Date water applied to beneficial use: May 1, 1957 for irrigation, warm water piscatorial, stockwater and wildlife uses and June 4, 2004 for geothermal heating, geothermal soaking, sanitarium, recreation, and commercial. 5. Amount claimed in addition to the amount decreed in 02CW260 in cubic feet per second (cfs) or gallons per minute: a. An additional 0.10 cfs (45 gpm) absolute right for warm water piscatorial, stockwatering, and wildlife watering and conditional for geothermal heating; b. 0.20 cfs (90 gpm) conditional for geothermal soaking, sanitarium, recreation and commercial uses. 6. Use or proposed use: geothermal heating, warm water piscatorial, irrigation, stock watering, wildlife watering, geothermal soaking, sanitarium, recreation and commercial uses. A. If irrigation, complete the following: Not applicable.

B. If non-irrigation, describe purpose fully: The Walt Spring emanates from the south embankment inside a greenhouse structure on Applicant’s property. The Walt Spring Channel flows generally north through the greenhouse structure into the Orvis Ponds No. 2 and 3 also located on Applicant’s property which is used to support the warm water piscatorial, stock and wildlife watering, and will be re routed by Applicant for beneficial use in geothermal heating, geothermal soaking, sanitarium, recreation, and commercial uses. 7. 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: All structures are located on land owned by Applicant. 8. Remarks or other pertinent information: Walt Spring was originally decreed for 0.10 cfs in Case No. 02CW260 with an adjudication date of December 31, 2002; the enlargement filing for this spring for an additional 0.10 cfs is based upon subsequent field measurements of the spring discharge. In this Application, Applicant is applying for the right to use the additional 0.10 cfs for the previously decreed uses of geothermal heating, warm water piscatorial, stockwatering and wildlife watering and the Applicant is applying for the right to use the entire 0.20 cfs for the additional uses of geothermal soaking, sanitarium, recreation and commercial. The spring site is within 200 feet of the decreed location for Walt Spring in Case No. 02CW260. All fieldwork that forms the basis of this application was performed by Wayne Goin of Minion Hydrologic, Montrose, Colorado. OURAY COUNTY. CASE NO. 2009CW186 San Miguel County - Ground water tributary to the San Miguel River. Application for Underground Water Rights and Approval of Plan for Aug. Applicant: Aldasoro Ranch Homeowners Company, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary: Underground water rights for two alluvial groundwater wells constructed into the San Miguel River aquifer, and for a well field in which those wells may be relocated to accommodate the development within the property on which they are located, to provide dom., irr. and other uses made within the Aldasoro Ranch Subdivision. Approval of a plan for aug. of the well rights. TAP Wells No. 5 and 6, and TAP Well Field. (“TAP Wells”). Legal desc.: Map is attached as Exhibit A to application. TAP Well No. 5: NE1/4, NE1/4, Sec. 32, T. 43, R. 9 W., NMPM, at a pt. 1,036 ft. from the N. Sec. line and 82 ft. from the E. Sec. line of said Sec. 9. TAP Well No. 6: NW1/4 of the NW1/4, Sec. 33, T. 43, R. 9 W., NMPM, at a pt. 957 ft. from the N. Sec. line and 677 ft. from the W. Sec. line of said Sec. 9. TAP Well Field. TAP Wells No. 5 and 6 are constructed on property previously owned by San Miguel Valley Corporation (“SMVC”), now Genesse Properties, Inc. TAP Wells No. 5 and/or No. 6 may be relocated within the SMVC property depicted on Exhibit A attached to application and located in Secs. 32 and 33, T. 43N., R. 9W., N.M.P.M. Depths of wells: No. 5: 200 ft.; No. 6: 200 ft. Approp.: 10/2000. Approp. initiated: Construction and testing of Wells and Applicant’s intent to use. Amt. claimed: 250 gpm for each of the Tap Wells No. 5 and 6 and 500 gpm total cumulative for those wells and the Tap Well Field. Total annual production, together with the wells augmented in Case No. 90CW069, shall not exceed 177 AF. Proposed use: Irr.: Acres proposed to be irrigated: 25 acres within the subdivision shown on Exhibit B to application is generally located in Sec. 28, 29 and 30, T.43 N., R.9 W., N.M.P.M. Non-irr.: Dom. and comm. Structures to be augmented: TAP Wells No. 5 and 6 and TAP Well Field. Water rights to be used for aug.: Carr & Waddle Ditch, Upper Pond, Lower Pond, Iron Pond No. 1, Iron Pond No. 2, and Remine Pond. Decrees: Carr & Waddle Ditch: C.A.1627 San Miguel County Dist. Court, and Case No. 90CW069 Division No. 4. Type of water right: surface and storage. Legal desc.: SE1/4, SE1/4, Sec. 18, T. 43 N., R. 9 W., NMPM, at a pt. 167 ft. from the S. Sec.

line and 465 ft. from the E. Sec. line of said Sec. 18. A USGS topo map is attached as Exhibit C to application. Source: Deep Creek. Approp. Date: 7/1/1896. Diversion Amt: 2.5 c.f.s. of 7.5 c.f.s. total decreed. Amt. to be included in this plan for aug.: 2.5 c.f.s. Current uses: Aug. pursuant to 90CW069, including storage in Remine Pond. The decree in 90CW069 determined that during the hist. irr. season return flows occurred to the San Miguel River and the hist. monthly depletions to the San Miguel River are as follows:

Month Acre Ft. May (15) 0.6

June 0.6 July 17.7

August 10.7 September 2.9

October (15) 0.6 TOTAL 41.1

Upper Pond, Lower Pond, Iron Pond No. 1, Iron Pond No. 2, and Remine Pond (the “Aldasoro Ponds”) are described in the following table: Structure Decree App. Date Legal

Description Source Amount

Upper Pond 90CW69 1/30/1990 SW1/4, NE1/4 Sec. 29 T. 43 N. R. 9 W., N.M.P.M, 2,008 ft. from S. and 1,1816 ft. from W.

Sheep Creek, Upper and Lower Gray Head Springs, and natural inflow

15 AF Con.

Lower Pond 90CW69 1/30/1990 SW1/4 SW1/4, Sec. 29 T. 43 N. R. 9 W., N.M.P.M, 1,129 ft. from S. and 650 Ft. from W.

Sheep Creek and unnamed tributary to San Miguel River

10 AF Con.

Iron Pond No. 1

90CW69 1/30/1990 SE1/4 NW1/4 Sec. 29 T. 43 N. R. 9 W., N.M.P.M, 2,121 ft. from S., and 2,380 ft. from E.

Unnamed tributary to San Miguel River

5 AF Con.

Iron Pond No. 2

90CW69 1/30/1990 SE1/4 NW1/4 Sec. 29, T. 43 N. R. 9 W., N.M.P.M, 1914 ft. from S., and 2,155 ft. from E.

Unnamed tributary to San Miguel River

5 AF Con.

Remine Pond

90CW69 6/19/1990 SE1/4 SE/1/4, Sec. 29 T. 43 N. R. 9 W. , N.M.P.M. , 1,199 ft. from S. and 3

Remine Creek via Navike Ditch and unnamed tributary to

8.74 AF Abs. & 6.256 AF Con.

Structure Decree App. Date Legal Description

Source Amount

ft. from E. San Miguel River

Pursuant to 90CW69, the Upper Pond, Lower Pond, Iron Pond No. 1, Iron Pond No. 2, and Remine Pond are decreed for dom., comm., irr., mun., rec., aesthetic, fish and wildlife, stock water, including the right to store for later release and to use said water rights by aug., replacement, and exchange. Irr. of approx. 25 acres by direct use and by replacement, aug., and exchange, of land located in and near Secs. 28, 29, and 30, T. 43 N., R. 9 W., N.M.P.M. Plan for aug. Add the TAP Wells as a source of supply to the Aldasoro Ranch Subdivision and augment said wells consistent with the decree entered in 90CW69. Aldasoro Ranch Subdivision comprises approximately 1,200 acres located in Secs. 28, 29 and 30 of T. 43 N., R. 9 W., N.M.P.M., and more specifically described on Exhibit B to application. The majority of the Aldasoro Ranch Subdivision is supplied from wells through a central system with wastewater treatment provided by the Town of Telluride with discharge to the San Miguel River. The max. annual well use for the system is 177 AF. The plan decreed in 90CW069 also established a 5% depletion factor for in-house use demands and depletions of 43.75 AF annual diversions and 35 AF annual depletions for irrigation of 25 acres based on an irr. water requirement of 1.75 AF/acre and 80% irr. efficiency. Replacements of out-of-priority well depletions will be made as provided in the decree in 90CW069. During the irr. season consumptive use credits for Carr & Waddle will be used to either replace out-of-priority depletions or be stored in the Aldasoro Ponds. Additional out-of-priority depletions occurring at any time of the year will be replaced by releases from the Aldasoro Ponds. The terms and conditions decreed in 90CW069 will be applied. 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: TAP Wells, Genesee Properties Inc. (f/k/a SMVC), P.O. Box 63, Berthoud, CO 80513; Aldasoro Ponds: Applicant. 12 pgs. SAN MIGUEL COUNTY.

CASE NO. 2009CW187. Name, Address, Telephone Number of Applicants. David C. Winn, 43 Eagle View Road, Gunnison, Colorado 81230. (970) 641-4301. Correspondence concerning this Application should be sent to Applicant’s Counsel, Rufus O. Wilderson, Bratton Hill Wilderson & Lock, LLC, 525 North Main Street, Gunnison, CO 81230. (970) 641-1903. Type of Application. Application for Water Rights (Underground). Name of Structure: Winn Well. Type of Structure: Well. Location: NE1/4NW1/4SE1/4, Section 22, T 51N R 1W, NMPM , 2624 from South line and 1574 from East line of said section. GPS coordinates: 329827E 4281746N. Source: An unnamed tributary to Ohio Creek, a tributary to the Gunnison River. Use: Ordinary household purposes, fire protection, the watering of domestic animals and livestock, and for the irrigation of not over one acre of home gardens and lawns on Homestead 2, Eagle Ridge Ranch. Amount: 4.5 g.p.m. absolute. Appropriation Date: September 25, 2009. GUNNISON COUNTY. CASE NO. 2009CW188 Name, Address, Telephone Number of Applicants. M. Craig and Charlotte Haase (Haase), 1622 Eagle Hill Road, Gunnison, Colorado 81230 (970) 641-4436, and Lee and Gail Dusa (Dusa), 2200 Eagle Hill Road, Gunnison, Colorado 81230, (970) 641-0915. Correspondence concerning this Application should be sent to Applicant’s Counsel, Rufus O. Wilderson, Bratton Hill Wilderson & Lock, LLC, 525 North

Main Street, Gunnison, CO 81230 (970) 641-1903. Type of Application. Application for Water Rights (Surface). Name of Structure: Dusa/Haase Water System. Type of Structure: Pump and Pipeline. Location: On the right hand side of Ohio Creek in the NW1/4NW1/4SE1/4, Section 21, Township 51 North, Range 1 West, N.M.P.M. Source: Ohio Creek, a tributary to the Gunnison River. Use: Irrigation of approximately 7 acres on Homestead 11(Dusa), Eagle Ridge Ranch, NE1/4 NE1/4 §29, T51N, RIW, NMPM, and approximately 4.5 acres on Homestead 12 (Haase), Eagle Ridge Ranch (located in the SW1/4 SE1/4 §20, T51N, RIW, N.M.P.M. Amount: 24 g.p.m. absolute. Appropriation Date: November 10, 2007. GUNNISON COUNTY. CASE NO. 2009CW189. Delta County, Bell Creek. Application for Absolute Water and Water Storage Rights. Stanley Halvorson, c/o Jefferson Houpt, Beattie, Chadwick & Houpt, 932 Cooper Avenue, Glenwood Springs, (970) 945-8659. Structure: Halvorson Spring No. 1. Legal description: SE¼SW¼ Sec 13, T 14 S, R 92 W, 6th P.M. at a point 254 ft from S sec line and 2,150 ft from W sec line of Sec 13. Source: Spring trib to Bell Creek, trib to North Fork of the Gunnison River. Appropriation date: 6/29/1932. Amount: 5.0 g.p.m., absolute. Use: Stockwatering and to fill and refill Savannah Pond. Structure: Halvorson Seep No. 2. Legal description: SE¼SW¼ Sec 13, T 14 S, R 92 W, 6th P.M. at a point 434 ft from S sec line and 1,688 ft from W sec line of said Sec 13. Source: Spring trib to Bell Creek, trib to North Fork of the Gunnison River. Appropriation date: 6/29/1932. Amount: 3.0 g.p.m., absolute. Use: Stockwatering. Structure: Halvorson Spring No. 3. Legal description: SE¼SW¼ Sec 13, T 14 S, R 92 W, 6th P.M. at a point 1,287 ft from S sec line and 1,473 ft from W sec line of Sec 13. Source: Spring trib to Bell Creek, trib to North Fork of the Gunnison River. Appropriation date: 6/29/1932. Amount claimed: 10.0 gallons per minute, absolute. Use: Stockwatering. Structure: Halvorson Wastewater Ditch East. Legal description: SE¼SW¼ Sec 13, T 14 S, R 92 W, 6th P.M. at a point 5 ft from S sec line and 1,989 ft from W sec line of Sec 13. Source: Wastewater from the Stewart Ditch, which diverts water from the North Fork of the Gunnison River; water trib to Bell Creek and the North Fork of the Gunnison River that is intercepted by the Stewart Ditch; and Savannah Spring. Appropriation date: 6/29/1932. Amount claimed: 1.0 c.f.s., absolute. Use: Stockwatering, irrigation, and to fill and refill Savannah Pond. Acres irrigated: 5.0 in the SE¼SW¼ and SW¼SW¼ of Sec 13, T 14 S, R 92 W, 6th P.M. beginning at a point 5 ft from S sec line and 1,989 ft from W Sec line of Sec 13 and extending in a generally westerly direction to the east bank of Savannah Pond. Remarks: The Stewart Ditch intercepts water collected by several natural draws that collect water trib to Bell Creek and the North Fork of the Gunnison River, such that water flows in the Stewart Ditch during the non-irrigation season when the ditch is not diverting water at its headgate on the North Fork of the Gunnison River. This water has been, and continues to be, a source of year-round stockwater for Applicant and a source of water to fill and refill Applicant’s Savannah Pond. Structure: Halvorson Wastewater Ditch West. Legal description: SW¼SW¼ Sec 13, T 14 S, R 92 W, 6th P.M. at a point 13 ft from S sec line and 818 ft from W sec line of Sec 13. Source: Wastewater from the Stewart Ditch, which diverts water from the North Fork of the Gunnison River, and water trib to Bell Creek and the North Fork of the Gunnison River that is intercepted by the Stewart Ditch. Appropriation date: 6/29/1932. Amount claimed: 1.0 c.f.s., absolute. Use: Stockwatering, irrigation. Acres irrigated: 0.5 acre in the SW¼SW¼ Sec 13, T 14 S, R 92 W, 6th P.M. Structure: Savannah Spring, which is a group of diffuse springs and seeps covering an area approx. 0.7 acres, the center of which is located in the NE¼NW¼ Sec 24, T 14 S, R 92 W, 6th P.M. at a point 201 ft from N sec line and 2,179 ft from W sec line of Sec 24. Source: Spring discharge trib to Bell Creek, trib to North Fork of the Gunnison River. Appropriation date: 6/29/1932. Amount claimed: 0.25 c.f.s.,

absolute. Use: Stockwatering, irrigation and to fill and refill Savannah Pond. Acres irrigated: 5.0 in the SE¼SW¼ and SW¼SW¼ of Sec 13, T 14 S, R 92 W, 6th P.M. Owner of land upon which this spring is located: John Welt, 3682 Hwy 92, Hotchkiss, CO 81419. Although Savannah Spring is located on the Welt property, no man-made structure has been or will be constructed on the Welt property. Water from Savannah Spring flows down a natural draw to the point of diversion of the Halvorson Waste Water Ditch East. Name of reservoir: Savannah Pond. Legal description: SW¼SW¼ of Sec 13, T 14 S, R 92 W, 6th P.M. at a point 1,110 ft from W sec line and 270 ft from S sec line of Sec 13. Source: Wastewater from the Stewart Ditch, Halvorson Spring No. 1, Savannah Spring, and local runoff trib to Bell Creek, trib to North Fork of the Gunnison River. Name of ditch used to fill reservoir and capacity: Halvorson Wastewater Ditch East, which the point of diversion is located in the SE¼SW¼ Sec 13, T 14 S, R 92 W, 6th P.M. at a point 5 ft from S sec line and 1,989 ft from W sec line of Sec 13. Appropriation date: 6/29/1932. Amount claimed: 1.17 af, absolute, with right to continuously refill in priority. Max. rate of filling: 1.5 c.f.s. Use: Recreational, piscatorial, stock and wildlife watering. Surface area of high water line: 0.36 acre. Vertical height of dam: Approx. 5.7 ft. Length of dam: 140 ft. Total capacity of pond: 1.17 af. Active capacity: None. Dead storage: 1.17 af. (9 pages). DELTA COUNTY. CASE NO. 2009CW190. (REF NOS. 1991CW127, 1998CW239). CONCERNING THE APPLICATION FOR CHANGE OF CONDITIONAL WATER STORAGE RIGHT: SAN MIGUEL VALLEY CORPORATION IN SAN MIGUEL COUNTY, COLORADO. APPLICATION FOR CORRECTION OF POINT OF DIVERSION, ABANDONMENT OF CONDITIONAL SURFACE WATER RIGHTS, FOR CHANGE OF CONDITIONAL SURFACE WATER RIGHTS, FOR CHANGE OF CONDITIONAL GROUND WATER RIGHTS, FOR AMENDMENT OF PLAN FOR AUGMENTATION. I. NAME, ADDRESS, AND TELEPHONE NUMBER OF APPLICANT San Miguel Valley Corporation, 7800 E. Dorado Place, Suite 250, Englewood, Colorado 80111-2306, (303) 220-8330. NAME , ADDRESS, AND TELEPHONE NUMBER OF APPLICANT’S ATTORNEY Chris D. Cummins, #35154, James G. Felt, #4369, FELT, MONSON & CULICHIA, LLC, 319 N. Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212. II. BACKGROUND OF EXISTING CONDITIONAL WATER RIGHTS AND PLAN FOR AUGMENTATION. By decree dated December 10, 2004, in consolidated Case Nos. 91CW127 and 98CW239, the Division 4 Water Court awarded to Applicant conditional surface and ground water rights, a change of water rights, and approval of a plan for augmentation and exchange, summarized as follows: A. Conditional Surface Water Rights. 1. SMVC Blue Lake No. 2. Located in the NE1/4 NE1/4 of Section 33, T43N, R9W, N.M.P.M., being 1,150 feet west of the east section line and 650 feet south of the north section line. SMVC Blue Lake No. 2 is an off-channel reservoir with an approximate surface area of 24.5 acres, and a maximum storage capacity of 150 acre feet. SMVC Blue Lake No. 2 is adjudicated for conditional uses of storage for domestic, commercial, recreation, piscatorial, irrigation, lawn and garden, aquifer recharge, augmentation and exchange. SMVC Blue Lake No. 2 is to receive fill water in priority from multiple sources, including the SMVC Blue Lake Diversion, the SMVC Blue Lake Diversion No. 2, both diverting the San Miguel River, including waters from its tributary, Coal Creek, as discussed in more detail below. 2. SMVC Blue Lake Diversion. Located in the SW1/4 SW1/4 of Section 36, T43N, R9W of the N.M.P.M., and diverting from the San Miguel River at a maximum rate of 10cfs. This conditional surface water right is decreed for domestic, commercial, fire fighting, livestock irrigation, lawn and garden, aquifer recharge, augmentation and exchange, and diversion to storage to SMVC Blue Lake No. 2 for such purposes, as well as recreational and piscatorial use. 3. SMVC Blue Lake Diversion No. 2. Located in the

SW1/4 NE1/4 of Section 34, T43N, R9W of the N.M.P.M. approximately 2,000 feet west of the east section line and 2,400 feet south of the north section line, and diverting from the San Miguel River at a maximum rate of 10cfs. This conditional surface water right is decreed for domestic, commercial, fire fighting, livestock irrigation, lawn and garden, aquifer recharge, augmentation and exchange, and diversion to storage to SMVC Blue Lake No. 2 for such purposes, as well as recreational and piscatorial use. 4. SMVC Mill Creek Municipal Diversion. Located on the East bank of Mill Creek in the NW1/4 NW1/4 of Section 35, T43N, R9W, N.M.P.M., being approximately 1,150 feet south of the north line and 790 feet east of the west line of said Section 35, and diverting from Mill Creek, tributary to the San Miguel River at a maximum rate of 5 cfs. This conditional surface water right is decreed for domestic, commercial, irrigation, fire fighting, livestock, aquifer recharge, augmentation, and exchange, and diversion to storage in SMVC Blue Lake No. 2 for such purposes, as well as recreational and piscatorial use. 5. SMVC Eider Creek Municipal Diversion. Located in the NE1/4 NW1/4 of Section 34, T43N, R9W, N.M.P.M., approximately 1,180 feet south of the north line and 2,360 feet east of the west line of said Section 34, and diverting from Eider Creek, tributary to the San Miguel River at a maximum rate of 3 cfs. This conditional surface water right is decreed for domestic, commercial, irrigation, fire fighting, livestock, aquifer recharge, augmentation, and exchange, and diversion to storage in SMVC Blue Lake No. 2 for such purposes, as well as recreational and piscatorial use. 6. SMVC Deep Creek Diversion. Located in the SE1/4 SE1/4 of Section 18, T43N, R9W, N.M.P.M., approximately 465 feet west of the east line, and 167 feet north of the south line of said section 18, and diverting from the East Fork of Deep Creek, tributary to the San Miguel River at a maximum rate of 10 cfs. The Deep Creek Diversion is intended as an enlargement of the Carr and Waddle Ditch, and follows its course. The Deep Creek Diversion conditional water right is decreed for augmentation, substitution and exchange purposes. B. Conditional Underground Water Rights. Applicant was awarded five (5) conditional underground water rights in consolidated Case Nos. 91CW127 and 98CW239, being SMVC Wells Nos. 1-5, with anticipated locations as described therein. SMVC Well No. 1 was decreed for up to 1,000 gallons per minute, while SMVC Well Nos. 2-5 were decreed for up to 1,500 gallons per minute. All wells are decreed for construction into the alluvium of the San Miguel River, and all wells were decreed for domestic, commercial, irrigation, fire fighting, and livestock purposes. C. Changed Surface Water Rights in 91CW127 and 98CW239. Applicant was approved for changes of water rights to its existing senior water rights by decree in consolidated Case Nos. 91CW127 and 98CW239 including multiple new uses for these senior water rights to include aquifer recharge, augmentation, exchange and storage for such uses. In addition, the consumptive use for all of the following water rights was calculated, and historic consumptive use credits calculated for the changed uses of the water rights, and the consumptive use credits which will result from the prospective dry-up of the historically irrigated acreage at such time as Applicant elects to put such water rights to the changed uses. The water rights for which consumptive use was quantified and for which the changed uses were decreed are: 1. The Mill Creek Ditch No. 1, Mill Creek Ditch No. 1 Enlargement, and Mill Creek Ditch No. 1 Boyer Enlargement (collectively the “Mill Creek Ditch No. 1 System”); 2. The House Flood and Waste Ditch; 3. The Ohio and Kokomo Flood and Waste Ditch; 4. The Eider Creek Ditch; 5. The Coal Creek Ditch; 6. The Missouri Ditch; 7. The Prospect Ditch No. 2; and, 8. The Carr and Waddle Ditch; Based on the consumptive use study presented by Applicant, the Water Court decreed in the consolidated Case Nos. 91CW127 and 98CW239 available historic consumptive use credits available to Applicant totaling 117.6 acre-feet per year for all of the above ditch structures, combined. Such consumptive use credits are available under the

decreed plan for augmentation, as discussed in consolidated Case Nos. 91CW127 and 98CW239, and below. D. Conditional Appropriative Rights of Exchange. Applicant was awarded by decree in consolidated Case Nos. 91CW127 and 98CW239 conditional appropriative rights of exchange as follows, in order to enable the historic consumptive use adjudicated to Applicant’s senior water rights, as discussed above, to be exchanged to junior water right points of diversion, and to allow for the junior conditional water rights awarded therein to be integrated into and augmented by the changed senior water rights, providing flexibility in the operation of Applicant’s decreed plan for augmentation. 1. SMVC Deep Creek Exchange. Allows diversions from the sources for filling SMVC Blue Lake No. 2 by delivering historic consumptive use from the Carr and Waddle Ditch, or in-priority diversions from the Deep Creek Diversion, to the San Miguel River at the confluence of Remine Creek and the San Miguel River. The downstream originating point is the confluence of Remine Creek and the San Miguel River, with four upstream exchange points, including the SMVC Blue Lake Diversion, the SMVC Blue Lake Diversion No. 2, the confluence of Eider Creek and the San Miguel River, and the confluence of Mill Creek and the San Miguel River. The maximum rate of exchange is decreed to be 5 cfs. 2. Mill Creek System Exchange. Allows further exchange of waters from Deep Creek, delivered to the San Miguel River via the above described Deep Creek Exchange, from the confluence of Mill Creek and the San Miguel River to the point of diversion of the Mill Creek Ditch No. 1 System on Mill Creek. By use of such exchange, in conjunction with the Deep Creek Exchange, consumptive use credits from Applicant’s senior water rights on Deep Creek may be diverted at the point of diversion of the Mill Creek System. The maximum rate of exchange is decreed to be 5 cfs. 3. Eider Creek Exchange. Allows further exchange of waters from Deep Creek, delivered to the San Miguel River via the above described Deep Creek Exchange, from the confluence of Eider Creek and the San Miguel River to the point of diversion of the Eider Creek Ditch and/or the SMVC Eider Creek Municipal Diversion. By use of such exchange, in conjunction with the Deep Creek Exchange, consumptive use credits from Applicant’s senior water rights on Deep Creek may be diverted at the point of diversion of the Eider Creek Ditch and/or the SMVC Eider Creek Municipal Diversion. The maximum rate of exchange is 5 cfs. 4. San Miguel River Exchange. Allows Applicant to claim credit for any unused consumptive use water or augmentation credits that may be in the San Miguel River, and allow such credits to be exchanged upstream. The lower terminus of this exchange is the confluence of Remine Creek and the San Miguel River, and the four upper terminus’ include the SMVC Blue Lake Diversion, the SMVC Blue Lake Diversion No. 2, the confluence of Eider Creek and the San Miguel River, and the confluence of Mill Creek and the San Miguel River. E. Plan for Augmentation. Applicant was awarded by decree in consolidated Case Nos. 91CW127 and 98CW239 approval of a plan for augmentation, concerning the above described water rights. The plan for augmentation can be summarized as follows: 1. In Priority. All of the junior surface water rights decreed in consolidated Case Nos. 91CW127 and 98CW239 may divert when in priority for their decreed uses at their decreed rates, without any requirement of augmentation. 2. Out of Priority Diversions. All out of priority surface and ground water depletions require augmentation, and such augmentation may occur as follows: a. Direct Augmentation. Direct augmentation may occur from the changed use of the Applicant’s senior irrigation water rights. Such rights are available during irrigation season and in the specific amounts set forth in the consolidated Case Nos. 91CW127 and 98CW239 decree. Such direct augmentation credits are available to the San Miguel River by the cessation of the historic irrigation use of Applicant’s senior water rights, and Applicant may claim the monthly credits decreed available with appropriate dry-up and accounting. b. Lake Releases. Releases may be made from

SMVC Blue Lake No. 2 to augment the San Miguel River in an amount equal to the out of priority diversions not accounted for by direct augmentation. Lake releases may be measured and provided for based upon the type of water stored in one of the following three ways: i. Junior Water Rights. Storage in SMVC Blue Lake No. 2 may occur in priority pursuant to the junior water rights decreed in consolidated Case No. 91CW127 and 98CW239, and therefore may be released to later augment out-of-priority depletions. ii. Senior Irrigation Water. Consumptive use credits made available to the San Miguel River through cessation of irrigation may be stored in SMVC Blue Lake No. 2 to the extent not used for direct augmentation, and/or exchanged into the SMVC Recharge Pits (as discussed below), and therefore may be released to augment out-of-priority depletions. iii. Deep Creek Exchange. The Deep Creek Exchange may be operated to substitute or exchange water into SMVC Blue Lake No. 2, and therefore may be released to augment out-of-priority depletions. c. Recharge Pit Credits. Applicant is authorized pursuant to the decree in consolidated Case Nos. 91CW127 and 98CW239 to construct four recharge pits upgradient from its conditional well sites for use as augmentation structures. Such recharge pits, termed “Recharge Pit Nos. 1-4", may receive water from the SMVC Mill Creek Municipal Diversion, and from the SMVC Eider Creek Municipal Diversion, and waters so delivered will be available to offset, at the proper time, depletions which may be caused by well pumping and/or other out-of-priority depletions. SMVC Recharge Pit credits are available from the same three sources discussed above, (1) Junior Diversions; (2) Senior Diversions; and, (3) Deep Creek Exchange (in coordination with the Mill Creek System Exchange, the Eider Creek Exchange, and/or the San Miguel River Exchange). 3. Calculation of Depletions. Applicants anticipated depletions were decreed to be calculated on the basis of (1) 5% of diversions for domestic and commercial uses; (2) Turf grass irrigation of 143 acres, and watering of 100 horses at 10 gallons per day per animal. Details concerning these calculations are contained in the decree for consolidated Case Nos. 91CW127 and 98CW239. All uses anticipated in the decree for consolidated Case Nos. 91CW127 and 98CW239 were to take place upon the approximately 857 acres of land owned by Applicant at the time of the adjudication. III. CHANGES IN OWNERSHIP AND USE AFFECTING THE DECREED WATER RIGHTS. A. By Rule and Order in Case No. 04CV22 dated June 23, 2008, the San Miguel County District Court approved the Town of Telluride’s (the “Town”) condemnation from Applicant of what is commonly known as the “Valley Floor”, being the open valley south of Colorado Avenue (formerly Highway 145) and west of Telluride, in San Miguel County, Colorado. The Town in this action acquired approximately 572 acres of property included in the augmentation plan decreed in consolidated Case Nos. 91CW127 and 98CW239, as well a portion of some of the senior water rights discussed therein. The senior water rights formerly owned by Applicant, and acquired by the Town, were expressly described in Exhibit B to the Rule and Order. Such condemned water rights are generally described as: all water and water rights, ditch and ditch rights and related interests in the ditches, headgates, pipelines, and related structures that were historically used on or in connection with the land described in Exhibit A to the Petition in Condemnation. Exhibit B to Rule and Order. The extent of the Town’s condemned interests in such “water rights and related property interests necessary to continue the historical irrigation practices” were then specified to include the following water rights which were included, in whole or in part, in the decree for consolidated Case Nos. 91CW127 and 98CW239: 1. A 45.5% interest in the 1.25 cfs adjudicated to the Ohio and Kokomo Flood and Waste Ditch, Priority No. 106, amounting to 0.569 cfs; 2. A 45.5% interest in the 3.0 cfs adjudicated to the Ohio and Kokomo Flood and Waste Ditch, Priority No. 252, amounting to 1.365 cfs; 3. An 84.9% interest in the 1.25 cfs adjudicated to the House Flood and Waste Ditch, Priority

No. 107, amounting to 1.061 cfs; 4. An 84.9% interest in the 1.25 cfs adjudicated to the Mill Creek Ditch No. 1, Priority No. 219, amounting to 1.061 cfs; 5. An 84.9% interest in the 1.50 cfs adjudicated to the Mill Creek Ditch No. 1 Enlargement, Priority No. 228, amounting to 1.274 cfs; 6. An 84.9% interest in the 0.50 cfs adjudicated to the Mill Creek Ditch No. 1 Boyer Enlargement, Priority No. 247, amounting to 0.426 cfs; 7. The entirety of the Missouri Ditch; 8. The entirety of the Prospect Ditch No. 2; and, 9. The entirety of the Eider Creek Ditch. B. Applicant and the Town have conceptually agreed to modify the above interests to better reflect historical irrigation practices and to simplify the joint use and operation of these water rights by Applicant and the Town. Applicant and the Town intend to enter an agreement formally modifying such ownership in the near future, and the anticipated ownership interests following such modification are anticipated to be as follows:

Ditch SMVC InterestTown Interest Ohio and Kokomo Flood and Waste Ditch 45.5% 54.5% House Flood and Waste Ditch 15.1% 84.9% Mill Creek Ditch 0.0% 100% Mill Creek Ditch Boyer Enlargement 0.0% 100% Mill Creek Ditch Enlargement 33.4% 66.6%

To the extent the ownership modifications discussed in this Paragraph III.B. do not occur, it is Applicant’s intent to amend its remaining interests in the subject water rights as originally condemned, described in Paragraph III.A. above. C. Applicant submits this application in order to address the changes in ownership resulting from the Town’s condemnation action, and resulting changes in Applicant’s anticipated water uses. Applicant’s changes are only as requested herein, and unless expressly requested, Applicant requests no further change to the existing decree in consolidated Case Nos. 91CW127 and 98CW239. IV. ABANDONMENT OF CONDITIONAL WATER RIGHTS. A. Eider Creek Ditch. By decree in consolidated Case Nos. 91CW127 and 98CW239, Applicant was awarded a quantification of consumptive use credits, and additional uses for Applicant’s interests in the Eider Creek Ditch, with consumptive use credits attributable thereto calculated at 24.3 annual acre feet. Applicant requests the abandonment of all conditional water rights to consumptive use credits associated with the Eider Creek Ditch, and abandonment of the conditional additional uses thereof, based upon Applicant’s lack of remaining interests in the Eider Creek Ditch following condemnation by the Town. Said abandonment of consumptive use credits and conditional uses is expressly limited to such conditional water rights, and intended to have no impact upon the historic irrigation use of these senior water rights. B. Prospect Creek Ditch No. 2. By decree in consolidated Case Nos. 91CW127 and 98CW239, Applicant was awarded a quantification of consumptive use credits, and additional uses for Applicant’s interests in the Prospect Creek Ditch No. 2, with consumptive use credits attributable thereto calculated at 3.1 annual acre feet. Applicant requests the abandonment of all conditional water rights to consumptive use credits associated with the Prospect Creek Ditch No. 2, and abandonment of the conditional additional uses thereof, based upon Applicant’s lack of remaining interests in the Prospect Creek Ditch No. 2 following condemnation by the Town. Said abandonment of consumptive use credits and conditional uses is expressly limited to such conditional water rights, and intended to have no impact upon the historic irrigation use of these senior water rights. C. Missouri Ditch. By decree in consolidated Case Nos. 91CW127 and 98CW239, Applicant was awarded a quantification of consumptive use credits, and additional uses for Applicant’s interests in the Missouri Ditch, with consumptive use credits attributable thereto calculated at 2.5 annual acre feet. Applicant requests the abandonment of all conditional water rights to consumptive use credits associated with the Missouri Ditch,

and abandonment of the conditional additional uses thereof, based upon Applicant’s lack of remaining interests in the Missouri Ditch following condemnation by the Town. Said abandonment of consumptive use credits and conditional uses is expressly limited to such conditional water rights, and intended to have no impact upon the historic irrigation use of these senior water rights. D. Mill Creek Ditch System. By decree in consolidated Case Nos. 91CW127 and 98CW239, Applicant was awarded a quantification of consumptive use credits, and additional uses for Applicant’s interests in the Mill Creek Ditch System, with consumptive use credits attributable thereto calculated at 17.8 annual acre feet. Through condemnation, and as modified by agreement between the Town and Applicant, the Town now has acquired an 84.9% interest in the Mill Creek Ditch System. Applicant’s remaining 15.1% interest in the Mill Creek Ditch System equates to 2.69 annual acre feet of consumptive use credit. Applicant requests the abandonment of all conditional water rights to consumptive use credits associated with the Mill Creek Ditch System no longer attributable to Applicant’s ownership interests, or 15.11 annual acre feet of conditional consumptive use credits, along with the abandonment of the conditional additional uses thereof, based upon Applicant’s limited remaining interests in the Mill Creek Ditch System following condemnation by the Town. Said abandonment of consumptive use credits and conditional uses is expressly limited to such conditional water rights, and intended to have no impact upon the historic irrigation use of these senior water rights. E. House Flood & Waste Ditch. By decree in consolidated Case Nos. 91CW127 and 98CW239, Applicant was awarded a quantification of consumptive use credits, and additional uses for Applicant’s interests in the House Flood & Waste Ditch, with consumptive use credits attributable thereto calculated at 39.3 annual acre feet. Through condemnation, the Town acquired an 84.9% interest in the House Flood & Waste Ditch. Applicant’s remaining 15.1% interest in the House Flood & Waste Ditch equates to 5.93 annual acre feet of consumptive use credit. Applicant requests the abandonment of all conditional water rights to consumptive use credits associated with the House Flood & Waste Ditch no longer attributable to Applicant’s ownership interests, or 33.37 annual acre feet of conditional consumptive use credits, along with the abandonment of the conditional additional uses thereof, based upon Applicant’s limited remaining interests in the House Flood & Waste Ditch following condemnation by the Town. Said abandonment of consumptive use credits and conditional uses is expressly limited to such conditional water rights, and intended to have no impact upon the historic irrigation use of these senior water rights. F. Ohio & Kokomo Flood & Waste Ditch. By decree in consolidated Case Nos. 91CW127 and 98CW239, Applicant was awarded a quantification of consumptive use credits, and additional uses for Applicant’s interests in the Ohio & Kokomo Flood & Waste Ditch, with consumptive use credits attributable thereto calculated at 18.6 annual acre feet. Through condemnation, the Town acquired an 45.5% interest in the Ohio & Kokomo Flood & Waste Ditch. Applicant’s remaining 54.5% interest in the Ohio & Kokomo Flood & Waste Ditch equates to 10.14 annual acre feet of consumptive use credit. Applicant requests the abandonment of all conditional water rights to consumptive use credits associated with the Ohio & Kokomo Flood & Waste Ditch no longer attributable to Applicant’s ownership interests, or 8.46 annual acre feet of conditional consumptive use credits, along with the abandonment of the conditional additional uses thereof, based upon Applicant’s limited remaining interests in the Ohio & Kokomo Flood & Waste Ditch following condemnation by the Town. Said abandonment of consumptive use credits and conditional uses is expressly limited to such conditional water rights, and intended to have no impact upon the historic irrigation use of these senior water rights. G. Land Ownership. Applicant’s decree in consolidated Case Nos. 91CW127 and 98CW239 anticipated Applicant’s use of the conditional water rights decreed therein for use on Applicant’s then-owned

approximately 857 acres for multiple uses including residential, commercial, governmental, recreation, and including water uses for single family residences, multiple family residences, hotel/convention facilities, schools, governmental facilities, equestrian center, commercial facilities and recreational amenities including a golf course, sports fitness facilities and recreational uses of SMVC Blue Lake No. 2. While applicant fully intends to make such uses of its remaining conditional water rights and consumptive use credits as decreed and upon its remaining property, Applicant requests the abandonment of such uses as pertains to the approximately 572 acres of land acquired by the Town through condemnation proceedings, except to the extent that points of diversion or other structures associated with such water rights may be located thereon. V. CORRECTION OF POINT OF DIVERSION. A. Description of Structure and Water Rights for Which Correction is Sought: 1. SMVC Mill Creek Municipal Diversion. a. Decreed Point of Diversion: As decreed in consolidated Case Nos. 91CW127 and 98CW239, the SMVC Mill Creek Municipal Diversion is located on the East bank of Mill Creek in the NW1/4 NW1/4 of Section 35, T43N, R9W, N.M.P.M., being approximately 1,150 feet south of the north line and 790 feet east of the west line of said Section 35. b. Source: Mill Creek, tributary to the San Miguel River. c. Amount: 5 cubic feet per second for domestic, commercial, irrigation, fire fighting, livestock, aquifer recharge, augmentation and exchange, and diversion to storage in SMVC Blue Lake No. 2 for such purposes, as well as recreational and piscatorial use. d. Appropriation Date: August 28, 1998. B. Correction of Point of Diversion. Applicant seeks a correction of the decreed point of diversion for the SMVC Mill Creek Municipal Diversion, as more specifically described above, which placed the point of diversion a distance of approximately one hundred fort (140) feet away from the bank of Mill Creek. Applicant’s consultant now indicates that the proper location, less than 200 feet from the decreed location, is as follows: a. In the NW1/4 NW1/4 of Section 35, T43N, R9W, N.M.P.M., being approximately 1,148 feet south of the north line, and approximately 953 feet east from the west line of said Section 35. UTM coordinates: (UTM NAD83 Zone 13N meters) easting: 0250742, northing 4203997. VI. CHANGES OF SURFACE WATER RIGHTS. A. Decreed structure for which change is sought: SMVC Blue Lake No. 2. 1. From Previous Decree in consolidated Case Nos. 91CW127 and 98CW239: a. Name of Structure: SMVC Blue Lake No. 2. b. Legal Description: The dam is located in the NE1/4 NE1/4 Section 33, T43N, R9W, N.M.P.M. , being 1,150 feet west of the east section line and 650 feet south of the north section line. c. Type of Reservoir: SMVC Blue Lake No. 2 is an off-channel reservoir. The ditches which are to be used to fill the reservoir, and the legal description of each point of diversion for these ditches are as follows: i. Name: SMVC Blue Lake Diversion. (1) Capacity: 10cfs, conditional. (2) Legal description of point of diversion: In the SW¼ SW¼ of Section 36, T43N, R9W of the N.M.P.M. The witness corner for the SE corner of Section 35 bears S 13° 50'21" W, a distance of 450, 74 feet. ii. Name: SMVC Blue Lake Diversion No. 2 (1) Capacity: 10cfs, conditional. (2) Legal description of point of diversion: In the SW1/4 NE1/4 Section 34, T43N, R9W, N.M.P.M. being 2,000 feet west of the east section line and 2,400 feet south of the north section line. d. Source: San Miguel River and its tributary Coal Creek. e. Initiation of Appropriation: The formation of intent to appropriate water for SMVC Blue Lake No. 2 was first evidenced by the surveying of the outlet works, staking the location of the dam structure, and commissioning and preparing engineering studies and feasibility reports on or about September 20, 1991. f. Amount Claimed: 150 acre feet capacity, conditional, with right to fill and refill. g. Use: Storage for domestic, commercial, recreation, piscatorial, livestock, firefighting, irrigation of 143 acres of land that includes turf grass for golf course, lawn and garden uses, landscaping of trees and other plantings upon applicant’s property located in portions of Sections 29, 32, 33, 34,

35, and 36, T34N, R9W of the N.M.P.M., aquifer recharge, augmentation and exchange. h. Surface Area: 24.5 acres. i. Total Capacity: 150 acre feet, all active storage. j. Ownership: Applicant was the owner of the land upon which this reservoir is located at the time of decree. 2. Proposed Change of Water Right. a. Legal Description of Changed Location: Applicant seeks an alternative reservoir site for the water to be stored in SMVC Blue Lake No. 2. Said alternate site is to be located on-channel on Mill Creek in the NW1/4 NW1/4 and the SW1/4 NW1/4 of Section 35, and in the SE1/4 NE1/4 and NE1/4 NE1/4 of Section 34, all in Township 43 North, Range 9 West of the N.M.P.M. b. Type of Reservoir: The alternate location for SMVC Blue Lake No. 2 will be an on-channel reservoir. The ditches which are to be used to fill the reservoir, and the legal description of each point of diversion for these ditches are as follows: i. Name: Alternate Point of Diversion for SMVC Blue Lake Diversion, as described and requested below. (1) Capacity: 10cfs, conditional. (2) Legal description of point of diversion: In the NW1/4 NW1/4 of Section 35, T43N, R9W, N.M.P.M., being approximately 1,148 feet south of the north line, and approximately 953 feet east from the west line of said Section 35. UTM coordinates: (UTM NAD83 Zone 13N meters) easting: 0250742, northing 4203997, co-incident with the corrected location of the SMVC Mill Creek Municipal Diversion, as described in Paragraphs II.A.4., and corrected in Paragraph V.B.1.a., herein, and as decreed in consolidated Case Nos. 91CW127 and 98CW239. c. Source: The alternate location of SMVC Blue Lake No. 2 will receive water from Mill Creek, including water and water rights exchanged thereto pursuant to Applicant’s various exchanges as decreed in consolidated Case Nos. 91CW127 and 98CW239. d. Appropriation: No Change. e. Amount Claimed: 35 acre feet, conditional, with right to fill and refill. f. Use: No Change. g. Surface area of high water line: 3 acres. h. Total Capacity of Reservoir: 35 acre feet, conditional. i. Ownership: Applicant is the owner of the land upon which this reservoir is located. B. Decreed Structure for which change is sought: SMVC Blue Lake Diversion. 1. From Previous Decree in consolidated Case Nos. 91CW127 and 98CW239: a. Legal description: In the SW¼ SW¼ of Section 36, T43N, R9W of the N.M.P.M. The witness corner for the SE corner of Section 35 bears S 13° 50'21" W, a distance of 450.74 feet. b. Source: San Miguel River c. Appropriation: i. Date of appropriation: September 20, 1991 ii. Appropriation was initiated by Applicant's formation of an intent to appropriate waters of a natural stream, surveying the points of diversion, staking its location, and commissioning and preparing engineering studies and feasibility reports. d. Amount claimed: 10 cfs conditional. e. Use: Direct diversion to domestic, commercial, fire fighting, livestock, irrigation of 143 acres of land that includes turf grass for golf course, lawn and garden uses, landscaping of trees and other plantings upon Applicant's property, aquifer recharge, augmentation and exchange and diversion to storage in SMVC Blue Lake No. 2 for these purposes together with recreation and piscatorial purposes. f. Ownership: Applicant is the owner of the land on which the point of diversion and place of use are proposed. 2. Proposed Change of Water Right. a. Legal Description: In the NW1/4 NW1/4 of Section 35, T43N, R9W, N.M.P.M., being approximately 1,148 feet south of the north line, and approximately 953 feet east from the west line of said Section 35. UTM coordinates: (UTM NAD83 Zone 13N meters) easting: 0250742, northing 4203997, co-incident with the corrected location of the SMVC Mill Creek Municipal Diversion, as described in Paragraph V.B.1.a. herein. b. Source: Mill Creek tributary to the San Miguel River. c. Appropriation: No Change. d. Amount claimed: No. Change. e. Use: Direct diversion to domestic, commercial, fire fighting, livestock, lawn and garden irrigation, lawn and garden uses, landscaping of trees and other plantings upon Applicant's property, aquifer recharge, augmentation and exchange and diversion to storage in SMVC Blue Lake No. 2, including at its alternate location, for these purposes together with recreation and

piscatorial purposes. f. Ownership: Applicant is the owner of the land on which the point of diversion and place of use are proposed. VII. CHANGES OF CONDITIONAL UNDERGROUND WATER RIGHTS. A. Decreed structures for which change is sought: SMVC Well No. 3, and SMVC Well No. 5. 1. From Previous Decree in consolidated Case Nos. 91CW127 and 98CW239: a. Name of Structures: SMVC Well No. 3 and SMVC Well No. 5. b. Legal Descriptions: SMVC Well No. 3 is located in the SE1/4 NW1/4 of Section 34, T43N, R9W, N.M.P.M. being a distance of 2,300 feet south from the north section line and 1,440 feet east from the west section line of said Section 34. SMVC Well No. 5 is located in the NE1/4 SW1/4, Section 35, T43N, R9W, N.M.P.M. being a distance of 2,400 feet north from the south section line and 1,950 feet east from the west section line of said Section 35. c. Well Data: i. Source: Both wells withdraw water from the alluvium of the San Miguel River. ii. Proposed depth: Both wells are proposed to be drilled to a depth of 100 feet. d. Appropriation: The formation of intent to appropriate water for both wells was first evidenced by the engineering location of the points of diversion, and the posting of public notice of the points of diversion showing the nature and extent of appropriation. e. Amount Claimed: Both wells claim 1000 gallons per minute, conditional. f. Use: Domestic, commercial, irrigation, fire fighting and livestock. Ownership: Applicant is the owner of the land upon which this structure is located. 2. Proposed Change of Water Right SMVC Well No. 3. a. Legal Description of Changed Location: In the NE1/4 NE1/4 of Section 32, Township 43 North, Range 9 West of the N.M.P.M. approximately 1000 feet from the north Section Line and approximately 400 feet from the east Section Line of said Section 32. Said change is based upon the originally contemplated draft of the application for this conditional water right on the stream, and will result in no expansion of use. b. Well Data: No Change. c. Appropriation: No Change. d. Amount Claimed: No Change. e. Use: No Change. f. Ownership: Applicant is the owner of the land upon which this structure is located. 3. Proposed Change of Water Right SMVC Well No. 5. a. Legal Description of Changed Location: In the NW1/4 NW1/4 of Section 35, Township 43 North, Range 9 West of the N.M.P.M. approximately 900 feet from the north Section Line and approximately 500 feet from the west Section Line of said Section 32. Said change is based upon the originally contemplated draft of the application for this conditional water right on the stream, and will result in no expansion of use. b. Well Data: i. Source: Alluvium of Mill Creek, tributary to the San Miguel River. ii. Proposed Depth: 100 feet. c. Appropriation: No Change. d. Amount Claimed: No Change. e. Use: No Change. f. Ownership: Applicant is the owner of the land upon which this structure is to be located. VIII. AMENDMENT OF DECREED PLAN FOR AUGMENTATION. A. Summary of Amendments Proposed. As discussed herein, Applicant intends to make the bulk of the uses previously decreed in consolidated Case Nos. 91CW127 and 98CW239 requiring augmentation on its remaining property interests following the condemnation by the Town of Telluride of the “Valley Floor”. The amendments sought to the plan for augmentation are (1) removal of consumptive use credits attributable to water rights no longer owned by Applicant from the plan for augmentation as a result of the Town’s condemnation; (2) removal of land to be serviced under the plan for augmentation no longer under the ownership of Applicant as a result of the Town’s condemnation; and (3) inclusion of additional augmented structures as pertains to evaporative depletions. Except as expressly provided herein, the terms and conditions of the previously decreed Plan for Augmentation are to remain unchanged. B. Structures to be Augmented: Applicant anticipates that its prospective development plans may include aesthetic ponds with a combined surface of no more than 3 acres. Based upon the decreed evaporation rates in consolidated Case Nos. 91CW127 and 98CW239, as discussed below in Paragraph VIII.C.1., this additional maximum 3 acres of surface area

evaporation will result in additional evaporative depletions of approximately 5.0 acre feet annually. The final location of the augmented structures will not be determined until such time as final development plans are in place, however the surface area of such ponds will not exceed the 3.0 acres described herein. C. Augmentation Requirements for Consumptive Use Components: No changes to consumptive use components for domestic/commercial uses, stockwatering uses, or irrigation uses are requested. 1. Surface Water Evaporation. Surface water evaporation rates were decreed in consolidated Case Nos. 91CW127 and 98CW239 as having an average annual gross evaporation of 37", adjusted monthly, and an assumed 70 percent effective precipitation rate. On this basis, Annual Net Evaporation from the anticipated 26.5 acres of combined surface area in consolidated Case Nos. 91CW127 and 98CW239 was determined to be approximately 43.6 acre feet. With the addition of the 5.0 annual acre feet described in Paragraph VIII.B. above for new augmented structures, the total maximum evaporative depletion, including SMVC Blue Lake No. 2 as originally located and sized (if filled out-of-priority), is calculated to be 48.6 annual acre feet. However, it is Applicant’s intent to store water in SMVC Blue Lake No. 2 only when in priority, and such in-priority storage will not require augmentation. As such, it is anticipated that maximum evaporative depletions will be approximately 8.25 acre feet from approximately 5 acres of surface area (2.0 acres combined for recharge pits, and 3 acres for aesthetic ponds). Such factors will be proportionately adjusted if SMVC Blue Lake No. 2 is storing out of priority and it or the remaining recharge pits are less than full, such adjustment shall be reflected in the accounting. D. Replacement of Groundwater Depletions: The decree in consolidated Case Nos. 91CW127 and 98CW239 included this Court’s approval of time lag factors for well pumping from SMVC Well Nos. 1-5, as described therein. Applicant requests no change to such findings. In order to provide augmentation water to replace out-of-priority ground water depletions from the pumping of SMVC Well Nos. 1-5, as decreed, consolidated Case Nos. 91CW127 and 98CW239 provided for the use of four recharge pits located up groundwater gradient from the decreed well locations. Applicant requests that the plan for augmentation be amended to provide for only two recharge pits, Recharge Pits No. 1 and 2, as described in the prior decree, in order to provide augmentation to SMVC Well Nos. 1, 2 and 4 in their previously decreed locations. Applicant asserts that recharge pits will not be required for the requested relocations of SMVC Well No. 3 and SMVC Well No. 5 for the following reasons: SMVC Well No. 3 will be located near the confluence of Remine Creek and the San Miguel River, also in close proximity to the outflows from the Regional Wastewater Plant, and the point of contribution of Applicant’s remaining consumptive use credits from the cessation of irrigation under the Carr and Waddle Ditch. Because the point of depletion is virtually identical to the point of replacement (through sewered return flows and/or consumptive use credits) for the relocated SMVC Well No. 3, no recharge pit is required to account for lagged depletions. SMVC Well No. 5 will be relocated on Mill Creek, and should SMVC Blue Lake No. 2 be constructed at the alternate location requested herein on Mill Creek, no recharge pit will be required, as lagged depletions, if any, may be released therefrom. Should SMVC Blue Lake No. 2 not be so constructed, Applicant will agree to terms and conditions for the curtailment of pumping from SMVC Well No. 5 at such times as a valid senior call is present on the intervening stretch of the San Miguel River between the confluence of Mill Creek and the outflows of the Regional Wastewater Plant as necessary to prevent injury. E. Augmentation Sources. Augmentation water available for the replacement of depletions derived from historical consumptive use credits from Applicant’s senior water rights, as decreed in consolidated Case Nos. 91CW127 and 98CW239, has been reduced by approximately 86.84 acre feet as a result of the Town’s condemnation, and the subsequent abandonment of historical

consumptive use associated with the Town’s acquired interests in these senior water rights, as discussed in Paragraph IV., above. As such, approximately 30.7 annual acre feet of historical consumptive use derived from Applicant’s senior water rights remains available for use under this plan. No other changes to augmentation sources are requested. F. Legal Description: As a result of the Town’s condemnation action, approximately 572 acres of land previously included under this Plan for Augmentation is no longer in Applicant’s ownership. As such, depletions resulting from any uses of water on the Valley Floor are no longer to be augmented by this Plan for Augmentation, except to the extent such depletions result from Applicant’s operation of structures decreed in consolidated Case Nos. 91CW127 and 98CW239 which may remain for Applicant’s use following the condemnation. G. Depletions Augmented: As a result of the Town’s condemnation action, the depletions anticipated to result from Applicant’s anticipated development have been reduced, requiring an amendment to the decreed plan for augmentation. Under this amended plan for augmentation, there may be depletions occasioned by Applicant’s development including domestic, commercial, livestock, pond evaporation, and the irrigation of turf grass, native grass, lawns and gardens, landscaping and trees on the Applicant’s remaining property, but not including the previously to-be-augmented golf course. Based on calculations from Applicant’s expert consultants, maximum commercial and domestic uses will be approximately 33.6 annual acre feet with a resulting maximum annual depletion of 1.7 acre feet. Maximum depletions attributable to irrigation will be 45.2 acre feet resulting from maximum diversions of 56.4 acre feet for the irrigation of up to 29.3 acres. Maximum depletions attributable to lake evaporation, including for 2 acres of recharge pits and 3 acres of aesthetic ponds, as discussed in more detail in Paragraph VIII.C.1. above, is anticipated to be 8.25 annual acre feet. As water is anticipated to be stored in SMVC Blue Lake No. 2 only when in priority, evaporative depletions from such in-priority storage need not be replaced. As such, maximum depletions for all anticipated uses shall be 55.15 acre feet. Applicant shall replace and augment such depletions utilizing its 30.7 annual acre feet of consumptive use credits, combined with approximately 1.7 acre feet annually of sewered return flows, with the balance of depletions, approximately 22.75 annual acre feet (greater if water is stored in SMVC Blue Lake No. 2 out-of-priority), being replaced by releases of water stored in priority from SMVC Blue Lake No. 2. H. Land Ownership: All land upon which water discussed under this plan is to be used, diverted, stored or released is either owned by Applicant, or the subject of previously decreed and vested water rights on the lands now owned by the Town for which appurtenant easements are claimed. SAN MIGUEL COUNTY. AMENDED/CORRECTED CASE NO. 2009CW150. Applicant: Gary and Marilyn Williams, 202 North Avenue, PMB 185, Grand Junction, CO 81501. Amended Application for Surface Water Rights and for Water Storage Rights: Big Roxie Pond No. 2 – NE1/4NE1/4SW1/4 of Section 10, T50N, R16W, NMPM. 2,395 feet from the south line and 2,371 feet from the west section line. Source: Dominguez Creek and the Gunnison River. Appropriation Date: 09/01/2009. Amount Claimed: 0.8 acre-feet conditional for stockwater and wildlife. Big Roxie Pond No. 3 – NE1/4NE1/4SW1/4 of Section 10, T50N, R16W, NMPM. 2,158 feet from the south line and 2,177 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 09/01/2009. Amount Claimed: 0.8 acre-feet conditional for stockwater and wildlife. Forty Beaver Pond No. 1 – SE1/4SW1/4NW1/4 of Section 11, T50N, R16W, NMPM. 2,432 feet from the north line and 786 feet from the west section line. Source: Big Dominguez Creek and the

Gunnison River. Appropriation Date: 09/01/2009. Amount Claimed: 1.0 acre-feet conditional for stockwater, wildlife and irrigation. Forty Beaver Pond No. 2 – SE1/4SW1/4NW1/4 of Section 11, T50N, R16W, NMPM. 2,348 feet from the north line and 798 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 09/01/2009. Amount Claimed: 1.0 acre-feet conditional for stockwater, wildlife and irrigation. Merrill Pond No. 1 – NW1/4NW1/4NW1/4 of Section 14, T50N, R16W, NMPM. 225 feet from the north line and 305 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 09/01/2009. Amount Claimed: Applicant seeks an absolute decree for the storage amount of 0.43 acre-feet for stockwater and wildlife and a conditional water right for irrigation. Merrill Pond No. 2 – NW1/4NW1/4NW1/4 of Section 14, T50N, R16W, NMPM. 42 feet from the north line and 133 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 06/01/1953. Amount Claimed: Applicant seeks an absolute decree for 0.22 acre-feet for stockwater and wildlife and conditional for irrigation. Black Pond – SE1/4SE1/4SW1/4 of Section 10, T50N, R16W, NMPM. 343 feet from the south line and 2,297 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 12/31/1978. Amount Claimed: 0.21 acre-feet absolute for stockwater and wildlife. Application for Surface Water Rights: Roxie High Spring No 1 – SW1/4SE1/4SW1/4 of Section 10, T50N, R16W, NMPM. 11 feet from the south line and 1,576 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 09/01/2009. Amount Claimed: 0.03 c.f.s. absolute for stockwater and wildlife. Roxie High Spring No 2 – SW1/4SE1/4SW1/4 of Section 10, T50N, R16W, NMPM. 154 feet from the south line and 1,530 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 09/01/2009. Amount Claimed: 0.03 c.f.s. absolute for stockwater and wildlife. Roxie High Spring No 3 – SW1/4SE1/4SW1/4 of Section 10, T50N, R16W, NMPM. 131 feet from the south line and 1,467 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 09/01/2009. Amount Claimed: 0.03 c.f.s. absolute for stockwater and wildlife. Roxie High Spring No 4 – SW1/4SE1/4SW1/4 of Section 10, T50N, R16W, NMPM. 191 feet from the south line and 1,478 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 09/01/2009. Amount Claimed: 0.03 c.f.s. absolute for stockwater and wildlife. Roxie Low Spring – SW1/4SE1/4SE1/4 of Section 10, T50N, R16W, NMPM. 285 feet from the south line and 908 feet from the east section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 09/01/2009. Amount Claimed: 0.03 c.f.s. absolute for stockwater and wildlife. Forty Big Spring No. 1 – SE1/4SW1/4NW1/4 of Section 11, T50N, R16W, NMPM. 2,568 feet from the north line and 781 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 12/31/1995. Amount Claimed: 0.03 c.f.s. absolute to fill Forty Beaver Ponds Nos 1 and 2. Forty Big Spring No. 2 – SE1/4SW1/4NW1/4 of Section 11, T50N, R16W, NMPM. 2,633 feet from the north line and 815 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 12/31/1995. Amount Claimed: 0.03 c.f.s. absolute for stockwater and wildlife and to fill Forty Beaver Ponds Nos 1 and 2. Merrill Spring No. 1 – NW1/4NW1/4NW1/4 of Section 14, T50N, R16W, NMPM. 377 feet from the north line and 81 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 06/01/1953. Amount Claimed: 0.03 c.f.s. absolute for domestic use in one single family dwelling, stockwater, wildlife and to fill Merrill Ponds Nos. 1 and 2. Merrill Spring No. 2 –NE1/4NE1/4NE1/4 of Section 15, T50N, R16W, NMPM. 782 feet from the north line and 223 feet from the east section

line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 06/01/1948. Amount Claimed: 0.03 c.f.s. absolute for domestic use in one single family dwelling, stockwater, wildlife and to fill Merrill Ponds Nos. 1 and 2. Merrill Spring No. 3 –NW1/4NW1/4NW1/4 of Section 14, T50N, R16W, NMPM. 542 feet from the north line and 246 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 06/01/1953. Amount Claimed: 0.022 c.f.s. absolute for stockwater, wildlife and to fill Merrill Ponds Nos. 1 and 2. Merrill Spring No. 4 –NW1/4NW1/4NW1/4 of Section 14, T50N, R16W, NMPM. 589 feet from the north line and 324 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 06/01/1953. Amount Claimed: 0.022 c.f.s. absolute for stockwater, wildlife and to fill Merrill Ponds Nos. 1 and 2. Merrill Spring No. 5 –SE1/4NW1/4NW1/4 of Section 14, T50N, R16W, NMPM. 902 feet from the north line and 955 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 06/01/1953. Amount Claimed: 0.002 c.f.s. absolute for stockwater, wildlife and to fill Merrill Ponds Nos. 1 and 2. Merrill Spring No. 6 –NW1/4NW1/4NW1/4 of Section 14, T50N, R16W, NMPM. 265 feet from the north line and 89 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 06/01/1953. Amount Claimed: 0.022 c.f.s. absolute for stockwater, wildlife and to fill Merrill Ponds Nos. 1 and 2. Black Spring No. 1 –SE1/4SE/4SW1/4 of Section 10, T50N, R16W, NMPM. 218 feet from the south line and 2,194 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 12/31/1978. Amount Claimed: 0.03 c.f.s. absolute for stockwater, wildlife and to fill Black Pond. Black Spring No. 2 –SE1/4SE/4SW1/4 of Section 10, T50N, R16W, NMPM. 282 feet from the south line and 2,241 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 12/31/1978. Amount Claimed: 0.03 c.f.s. absolute for stockwater, wildlife and to fill Black Pond. Black Spring No. 3 –SE1/4SE/4SW1/4 of Section 10, T50N, R16W, NMPM. 406 feet from the south line and 2,397 feet from the west section line. Source: Big Dominguez Creek and the Gunnison River. Appropriation Date: 12/31/1978. Amount Claimed: 0.03 c.f.s. absolute for stockwater, wildlife and to fill Black Pond. MESA COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of February, 2010 to file with the Water Clerk, in duplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401