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pursuant to c.r.s., §37-92-302, as amended, you are ...february 2002 resume water division 5 page 2...

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  • PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE ...FEBRUARY 2002 RESUME WATER DIVISION 5 PAGE 2 94CW380, 3) In the alternative, if the Court does not make the subject water rights
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PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2002. 1. 02CW26 GARFIELD COUNTY – ALKALI CREEK. Rosemary T. & Robert D. Patterson; 228 Rd. 343; Silt, CO 81652. 970-876-2653. J.S. Porter Ditch – Protest to Revised Abandonment List. Location: NW1/4NE1/4 of Sec.2, T.8S, R. 92W, 6 th P.M., 4,500 ft. from south sec. line and 1,900 ft. from east sec. line. Appropriation: January 28, 1899 and January 22, 1907. Amount: 0.08 cfs. and 1.6 cfs. Amount listed as being abandoned: 2.4 cfs. Use: irrigation. A detailed explanation of this protest is included. (3 pages) 2. 02CW27 GRAND COUNTY-APPLICATION FOR CHANGE OF WATER RIGHT FOR C LAZY U HOMESTEADS OWNERS ASSOCIATION, INC., c/o Brian D. Murray, P.O. Box 379, 3640 Colorado Highway 125, Granby, Colorado 80446, (970) 887-3344. Copies of all pleadings to: Richard A. Johnson, Johnson & Repucci LLP, 1401 Walnut Street, Suite 500, Boulder, Colorado 80302, (303) 442-1900. 2. Name of structure: Marydale Domestic Diversion. 3. From previous decree: A. Date entered : The Marydale Domestic Diversion was decreed by the District Court in and for Grand County, State of Colorado, on October 28, 1955, in Case No. 814. B. Point of diversion: The subject water right is decreed as being located at a point whence the NW cor. Sec. 13, T. 2 N., R. 77 W. of the 6th P.M. bears North 4352' E. 926 feet. C. Source: Spring tributary to Willow Creek, tributary to the Colorado River. D. Appropriation date: September 1, 1917. E. Amount : 0.10 cfs absolute. F. Use : Decreed for irrigation and domestic purposes. Pursuant to Stipulation dated March 4, 1999, between Applicant and the Division Engineer for Water Division No. 5 (the “Division Engineer”), the irrigation use of the subject water right has been abandoned but the domestic use component of the water right remains in full force and effect. 4. Proposed change: Applicant seeks to change the decreed location of the subject water right to comport with its actual location in the field. The actual location for the Marydale Domestic Diversion is in the SW1/4 NE1/4 NE1/4 of Section 13, T. 2 N., R. 77 W. of the 6th P.M., Grand County, Colorado, at a point whence the NE corner of Section 13, T. 2 N., R. 77 W., 6th P.M. bears North 4352' E. 926 feet. Other than the decreed location for the subject water right, no other changes are sought by the Applicant. 5. Remarks: This application for change of water rights is filed to implement the terms and conditions of a Stipulation dated March 4, 1999, between Applicant and the Division Engineer to correct the decreed location of the subject water right. (4 pages) 3. 02CW28 (94CW380), Roaring River Ranch LLC, c/o Richard Kinder, 3355 Del Monte, Houston, TX 77019 (Anne J. Castle, Michael J. Sawyer, Holland & Hart LLP, P.O. Box 8749, Denver, CO 80201-8749, (303-295-8000). APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE OR, IN THE ALTERNATIVE, FOR REASONABLE DILIGENCE, IN PITKIN COUNTY. 2. Name of Structures: Pines Grove Pipeline and Pines Grove Pond System, 3. Description of the Conditional Water Rights: a) Date of original decree: February 27, 1996, Case No. 94CW380, Parts 1 & 2, Water Division No. 5, Colorado, b) Location: Pines Grove Pipeline: A point on the left bank of the Roaring Fork River, at a point whence the SE Corner of Section 6, Township 9 South, Range 85 West of the 6 th P.M. bears South 17°30East 1750 feet (Pitkin County), Pines Grove Pond System: The center line of the N. Bank is located in the NE¼SE¼ of Sec. 6, Township 9 South, Range 85 west of the 6 th P.M. at a point whence the SE Corner of Sec. 6 bears South 30° East, a distance of 1,650 feet (Pitkin County), c) Source: Roaring Fork River; delivery to Pines Grove Pond System via the Pines Grove Pipeline, d) Appropriation date: June 1, 1994, Amount: Pines Grove Pipeline: 0.728 cfs (330 g.p.m.), conditional; Pines Grove Pond System: 7.0 acre feet, conditional, e) Use: Irrigation, stockwatering, piscatorial, recreational purposes, augmentation and exchange, 4. Detailed outline of what has been done toward completion of the appropriation and application of the water to a beneficial use as conditionally decreed: a) In 1995, Applicant constructed the Pines Grove Pipeline from the Roaring Fork to the Pines Grove Pond. The Pines Grove Pipeline as constructed uses a 10 horsepower pump with a rated capacity of 340 gallons per minute. The entire conditionally decreed amount of 0.728 cfs (330 g.p.m.) has been diverted through the Pines Grove Pipeline at the decreed point of diversion that has been used to fill the Pines Grove Pond System, b) In 1995, Applicant constructed two of the three ponds decreed in Case No. 94CW380. These two ponds are collectively known as the Pines Grove Pond. The two ponds have a combined surface area of 1.31 acres and a capacity of approximately 7 acre feet of water, c) Water diverted through the Pines Grove Pipeline and delivered to the Pines Grove Pond System has been beneficially used for irrigation, livestock watering, piscatorial, and recreational purposes, d) Applicant received a change of water right allowing 0.27 cfs of the Pines Grove Pipeline water right to be diverted from an alternative point of diversion on the Roaring River Ranch property. This change of water right was decreed in Case No. 99CW240, e) The water rights decreed in Case No. 94CW380 are part of an integrated system (including water rights decreed in other cases) composed of several features for the irrigation, use, and development of the Roaring River Ranch property, f) Total expenditures in time and money for all of the above during the past six years are difficult to estimate, but are conservatively estimated to be $20,000, 5. If a claim to make absolute, water applied to beneficial use: Applicant has constructed two of the three ponds decreed storage rights in 94CW380 and has diverted the full 0.728 cfs (330 g.p.m.) decreed to the Pines Grove Pipeline in 94CW380. This water has been placed to beneficial use for irrigation, stock watering, piscatorial, recreational purposes, augmentation and exchange, 6. Names and addresses of owners of land on which structures are located: Applicant (Roaring River Ranch LLC, c/o Richard Kinder, 3355 Del Monte, Houston, TX 77019). WHEREFORE, Applicant respectfully requests that: 1) The conditional water right for the Pines Grove Pipeline granted in Case No. 94CW380 for 0.728 cfs (330 g.p.m.) be made absolute based on Applicant’s construction of such pipeline, diversion of water through the pipeline, and application of the water diverted to the beneficial uses decreed in Case No. 94CW380, 2) The conditional water right for the Pines Grove Pond System granted in Case No. 84CW380 for 7.0 acre feet be decreed absolute based on Applicant’s construction of the pond system, diversion of water through the pipeline, and application of the water diverted to the beneficial uses decreed in Case No.

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Page 1: PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE ...FEBRUARY 2002 RESUME WATER DIVISION 5 PAGE 2 94CW380, 3) In the alternative, if the Court does not make the subject water rights

PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGESCOMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATERCLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2002.

1. 02CW26 GARFIELD COUNTY – ALKALI CREEK. Rosemary T. & Robert D. Patterson; 228 Rd. 343; Silt, CO 81652.970-876-2653. J.S. Porter Ditch – Protest to Revised Abandonment List. Location: NW1/4NE1/4 of Sec.2, T.8S, R. 92W, 6th P.M.,4,500 ft. from south sec. line and 1,900 ft. from east sec. line. Appropriation: January 28, 1899 and January 22, 1907. Amount: 0.08cfs. and 1.6 cfs. Amount listed as being abandoned: 2.4 cfs. Use: irrigation. A detailed explanation of this protest is included. (3 pages)

2. 02CW27 GRAND COUNTY-APPLICATION FOR CHANGE OF WATER RIGHT FOR C LAZY UHOMESTEADS OWNERS ASSOCIATION, INC., c/o Brian D. Murray, P.O. Box 379, 3640 Colorado Highway 125, Granby,Colorado 80446, (970) 887-3344. Copies of all pleadings to: Richard A. Johnson, Johnson & Repucci LLP, 1401 Walnut Street,Suite 500, Boulder, Colorado 80302, (303) 442-1900. 2. Name of structure: Marydale Domestic Diversion. 3. From previousdecree: A. Date entered: The Marydale Domestic Diversion was decreed by the District Court in and for Grand County, State ofColorado, on October 28, 1955, in Case No. 814. B. Point of diversion: The subject water right is decreed as being located at a pointwhence the NW cor. Sec. 13, T. 2 N., R. 77 W. of the 6th P.M. bears North 43�52' E. 926 feet. C. Source: Spring tributary toWillow Creek, tributary to the Colorado River. D. Appropriation date: September 1, 1917. E. Amount: 0.10 cfs absolute. F. Use:Decreed for irrigation and domestic purposes. Pursuant to Stipulation dated March 4, 1999, between Applicant and the DivisionEngineer for Water Division No. 5 (the “Division Engineer”), the irrigation use of the subject water right has been abandoned but thedomestic use component of the water right remains in full force and effect. 4. Proposed change: Applicant seeks to change thedecreed location of the subject water right to comport with its actual location in the field. The actual location for the MarydaleDomestic Diversion is in the SW1/4 NE1/4 NE1/4 of Section 13, T. 2 N., R. 77 W. of the 6th P.M., Grand County, Colorado, at apoint whence the NE corner of Section 13, T. 2 N., R. 77 W., 6th P.M. bears North 43�52' E. 926 feet. Other than the decreedlocation for the subject water right, no other changes are sought by the Applicant. 5. Remarks: This application for change of waterrights is filed to implement the terms and conditions of a Stipulation dated March 4, 1999, between Applicant and the DivisionEngineer to correct the decreed location of the subject water right. (4 pages)

3. 02CW28 (94CW380), Roaring River Ranch LLC, c/o Richard Kinder, 3355 Del Monte, Houston, TX 77019 (Anne J. Castle,Michael J. Sawyer, Holland & Hart LLP, P.O. Box 8749, Denver, CO 80201-8749, (303-295-8000). APPLICATION TO MAKECONDITIONAL WATER RIGHTS ABSOLUTE OR, IN THE ALTERNATIVE, FOR REASONABLE DILIGENCE, INPITKIN COUNTY. 2. Name of Structures: Pines Grove Pipeline and Pines Grove Pond System, 3. Description of the ConditionalWater Rights: a) Date of original decree: February 27, 1996, Case No. 94CW380, Parts 1 & 2, Water Division No. 5, Colorado, b)Location: Pines Grove Pipeline: A point on the left bank of the Roaring Fork River, at a point whence the SE Corner of Section 6,Township 9 South, Range 85 West of the 6th P.M. bears South 17°30� East 1750 feet (Pitkin County), Pines Grove Pond System: Thecenter line of the N. Bank is located in the NE¼SE¼ of Sec. 6, Township 9 South, Range 85 west of the 6th P.M. at a point whence theSE Corner of Sec. 6 bears South 30° East, a distance of 1,650 feet (Pitkin County), c) Source: Roaring Fork River; delivery to PinesGrove Pond System via the Pines Grove Pipeline, d) Appropriation date: June 1, 1994, Amount: Pines Grove Pipeline: 0.728 cfs(330 g.p.m.), conditional; Pines Grove Pond System: 7.0 acre feet, conditional, e) Use: Irrigation, stockwatering, piscatorial,recreational purposes, augmentation and exchange, 4. Detailed outline of what has been done toward completion of theappropriation and application of the water to a beneficial use as conditionally decreed: a) In 1995, Applicant constructed thePines Grove Pipeline from the Roaring Fork to the Pines Grove Pond. The Pines Grove Pipeline as constructed uses a 10 horsepowerpump with a rated capacity of 340 gallons per minute. The entire conditionally decreed amount of 0.728 cfs (330 g.p.m.) has beendiverted through the Pines Grove Pipeline at the decreed point of diversion that has been used to fill the Pines Grove Pond System, b)In 1995, Applicant constructed two of the three ponds decreed in Case No. 94CW380. These two ponds are collectively known as thePines Grove Pond. The two ponds have a combined surface area of 1.31 acres and a capacity of approximately 7 acre feet of water, c)Water diverted through the Pines Grove Pipeline and delivered to the Pines Grove Pond System has been beneficially used forirrigation, livestock watering, piscatorial, and recreational purposes, d) Applicant received a change of water right allowing 0.27 cfs ofthe Pines Grove Pipeline water right to be diverted from an alternative point of diversion on the Roaring River Ranch property. Thischange of water right was decreed in Case No. 99CW240, e) The water rights decreed in Case No. 94CW380 are part of an integratedsystem (including water rights decreed in other cases) composed of several features for the irrigation, use, and development of theRoaring River Ranch property, f) Total expenditures in time and money for all of the above during the past six years are difficult toestimate, but are conservatively estimated to be $20,000, 5. If a claim to make absolute, water applied to beneficial use: Applicanthas constructed two of the three ponds decreed storage rights in 94CW380 and has diverted the full 0.728 cfs (330 g.p.m.) decreed tothe Pines Grove Pipeline in 94CW380. This water has been placed to beneficial use for irrigation, stock watering, piscatorial,recreational purposes, augmentation and exchange, 6. Names and addresses of owners of land on which structures are located:Applicant (Roaring River Ranch LLC, c/o Richard Kinder, 3355 Del Monte, Houston, TX 77019). WHEREFORE, Applicantrespectfully requests that: 1) The conditional water right for the Pines Grove Pipeline granted in Case No. 94CW380 for 0.728 cfs(330 g.p.m.) be made absolute based on Applicant’s construction of such pipeline, diversion of water through the pipeline, andapplication of the water diverted to the beneficial uses decreed in Case No. 94CW380, 2) The conditional water right for the PinesGrove Pond System granted in Case No. 84CW380 for 7.0 acre feet be decreed absolute based on Applicant’s construction of the pondsystem, diversion of water through the pipeline, and application of the water diverted to the beneficial uses decreed in Case No.

Page 2: PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE ...FEBRUARY 2002 RESUME WATER DIVISION 5 PAGE 2 94CW380, 3) In the alternative, if the Court does not make the subject water rights

FEBRUARY 2002 RESUMEWATER DIVISION 5

PAGE 2

94CW380, 3) In the alternative, if the Court does not make the subject water rights absolute in their entirety, Applicant requests afinding that reasonable diligence has been maintained in working toward the completion of the appropriation. (5 pages)

4. 02CW29 WILL NOT BE PUBLISHED IN THIS RESUME.

5. 02CW30 GRAND COUNTY- COLORADO RIVER. Herdman & Yvonne Clark; P.O. Box 1790; Grand Lake, CO 80447970-627-8041. Holiday Well (Permit # 232944)- Application for Underground Water Right. Location: SW1/4NE1/4 of Sec. 12, T.3S., R. 76W., 6th P.M., 2,425 ft. from north sec. line and 1,340 ft. from east sec. line. Appropriation: July 1966. Amount: 5.0 gpm,absolute. Use: ordinary household purposes inside one single family dwelling and for fire protection. (6 pages)

6. 02CW31 RIO BLANCO COUNTY. M.T.W. Ranch, LLC., c/o Frank G. Cooley, Attorney at Law, P. O. Box 98, Meeker,CO 81641, Telephone: 970-878-5065. AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Nameof Structures: P.L. RESERVOIR No. 1. Legal description of each point of diversion: the Reservoir is located in Township 3South, Range 97 West, 6th P.M. the NE1/4SW1/4 of Section 2, at a point whence the S1/4 corner of said Section 2 bears South06°55’24” East 1,608.5 feet. Source: Willow Creek, tributary of Piceance Creek, Tributary of the White River. Amount claimed:conditional water right of 133.33 acre feet. Uses: Irrigation, stock water, municipal, industrial, and domestic purposes. (4 pages)

7. 02CW32 MESA COUNTY, COLORADO RIVER. Wilma S. Martin, c/o Jimmie L. Downer, 1301 17-1/2 Rd, Fruita, CO81521, (970) 858-4354; c/o Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502,(970) 242-6262. Application for Finding of Reasonable Diligence and to Make Absolute Certain Conditional Water Rights.Structures: Wilma Spring; Original Decree: February 5, 1996, Case No.: 95 CW 118, District Court, Water Division 5; Location:Located at a point 1500 feet from the West Section Line and 1650 feet from the North Section line of Section 22, T.1 N, R. 1 W of theUte P.M; Source: Springs, runoff and seepage water tributary to an unnamed tributary, tributary to the Colorado River; Appropriation:April 27, 1995; Amount: 0.033 c.f.s., conditional; Use: Storage, livestock and wildlife watering, piscatorial, irrigation, domestic andfire protection purposes. Applicant requests that the Wilma Spring be made absolute for livestock and wildlife watering purposes inthe amount of 0.033 c.f.s., and that the remaining conditional portion of the Wilma Spring be continued in full force and effect. TheApplication contains a complete description of the activities performed and work done during this diligence period. (4 pages)

8. 02CW33 MESA COUNTY – COON CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO THECOLORADO RIVER. Erik Rasmussen; 49422 E. Golden Dr., P.O. Box 267; Mesa, CO 81643 970-268-5638. RasmussenMicrohydropower Diversion – Application for Water Rights(Surface). Location: E1/2SE1/4 of Sec. 15, T.11S., R.96W., 6th P.M., 555ft. from the south sec. line and 475 ft. from the east sec. line. Appropriation: February 14, 2002. Amount: 0.27 cfs., conditional. Use:non-consumptive hydropower. (5 pages)

9. 02CW34 GARFIELD COUNTY – BIG SALT WASH. Beskadi, LLP c/o Raymond Cole, Partner; 403 Kennedy Ave.,Suite C; Grand Junction, CO 81501 970-263-4701. Middlecamp No. 1 Ditch and Middlecamp No. 2 – Protest to RevisedAbandonment List; Location: Middlecamp No. 1 Ditch – SW1/4SE1/4 of Sec. 30, T.7S., R. 101W., 6th P.M., 1, 400 ft. from southsec. line and 2,175 ft. from east sec. line. Appropriation: May 1, 1906. Amount: 0.600 cfs. Use: irrigation. Middlecamp No. 2 Ditch –NE1/4NW1/4 of Sec. 30, T.7S., R. 101W., 6th P.M., 2,400 ft. from south sec. line and 1,650 ft. from east sec. line. Appropriation: July6, 1914. Amount: 0.100 cfs. Use: irrigation. A detailed explanation of the protest is included. (3 pages)

10. 02CW035 MESA COUNTY, MESA CREEK TRIBUTARY TO COLORADO RIVER. Powder Ridge Development,Ltd., a Colorado Limited Partnership, c/o Robert F. T. Krassa, Krassa & Miller, LLC, 1680 -38th Street, Suite 800, Boulder, CO80301-2611, (303) 442-2156. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Name of Structure: BieserPipeline. 3. Describe conditional water right (as to each structure) giving the following from the Referree’s Ruling and Judgment andDecree: A. Date of original Decree: June 21, 1977, Case No. W-2916, Water Court, Division 5, B. Location: In Section 29,Township 11 South, Range 96 West of the 6th P.M., at a point whence the South Quarter corner of Section 20, Township 11 South,Range 96 West of the 6th P.M. bears North 47� 35' 30" West 1,237.7 feet, in Mesa County, Colorado, C. Source: Unnamed tributaryof Big Beaver Creek, tributary to Mesa Creek. D. Appropriation Date: July 18, 1975, Amount: 0.49 cfs. D. Use: Domestic,including irrigation for landscaping, and for fish propagation. 4. Outline of what has been done toward completion: During thecurrent diligence period, Applicant Powder Ridge Development, Ltd. ("Powder Ridge") has spent approximately $49,000 constructingpipelines to be used in conjunction with the said water rights, as well as wetlands delineation and monitoring. In addition, the PowderRidge development has been included into the Powder Horn Metropolitan District. Powder Ridge has been in all respects diligent inworking toward the completion of the subject appropriations. (3 pages)

11. 02CW36 RIO BLANCO COUNTY, HUNTER CREEK, PICEANCE CREEK, WHITE RIVER. Shell Frontier Oil &Gas Inc., Attn: Keith Etzel, Senior Land Representative, P. O. Box 576, Houston, TX 77001, (713) 544-4704; c/o Mark A.

Page 3: PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE ...FEBRUARY 2002 RESUME WATER DIVISION 5 PAGE 2 94CW380, 3) In the alternative, if the Court does not make the subject water rights

FEBRUARY 2002 RESUMEWATER DIVISION 5

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Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Application for Findingof Reasonable Diligence and to Make Conditional Water Rights Absolute. Structures: Greeno No. 1 Ditch, Greeno No. 2 Ditch,Greeno No. 3 Ditch, Greeno No. 4 Ditch, and Taylor Reservoir; Greeno No. 1 Ditch: Original decree: November 2, 1984,Case No. 81CW400, Division 5; Location: Point of diversion is located on the East Bank of Hunter Creek in SE1/4 SE1/4, Section 8,T.3 S., R.97 W., 6th P.M. at a point whence SE corner of said Section 8 bears S25�26'50"E 871.7 feet; Source: Hunter Creek,tributary to Piceance Creek, tributary to the White River; Appropriation: May 27, 1966; Amount: 3.0 c.f.s., of which amount 1.5 c.f.s.is absolute and 1.5 c.f.s. is conditional; Uses: Irrigation, livestock water, municipal, industrial and domestic purposes. Greeno No. 2Ditch: Original decree: November 2, 1984, Case No. 81CW400, Division 5; Location: Point of diversion is located on the West Bankof Hunter Creek in SE1/4 SE1/4, Section 8, T.3 S., R.97 W., 6th P.M. at a point whence SE corner of said Section 8 bearsS25�26'50"E 871.7 feet; Source: Hunter Creek, tributary to Piceance Creek, tributary to the White River; Appropriation: May 27,1966; Amount: 3.0 c.f.s., of which amount 1.5 c.f.s. is absolute and 1.5 c.f.s. is conditional; Uses: Irrigation, livestock water,municipal, industrial and domestic purposes. Greeno No. 3 Ditch: Original decree: November 2, 1984, Case No. 81CW401, Division5; Location: Point of diversion is located on the East Bank of Hunter Creek in NW1/4 NW1/4, Section 9, T.3 S., R.97 W., 6th P.M. ata point whence SW corner of said Section 9 bears S12�05'51" W 4,214.9 feet; Source: Hunter Creek, tributary to Piceance Creek,tributary to the White River; Appropriation: May 27, 1966; Amount: 3.0 c.f.s., of which amount 1.5 c.f.s. is absolute and 1.5 c.f.s. isconditional; Uses: Irrigation, livestock water, municipal, industrial and domestic purposes. Greeno No. 4 Ditch: Original decree:November 2, 1984, Case No. 81CW401, Division 5; Location: The point of diversion is located on the West Bank of Hunter Creek inNW1/4 NW1/4, Section 9, T.3 S., R.97 W., 6th P.M. at a point whence SW corner of said Section 9 bears S12�05'51"W 4,214.9 feet;Source: Hunter Creek, tributary to Piceance Creek, tributary to the White River; Appropriation: May 27, 1966; Amount: 3.0 c.f.s., ofwhich amount 1.5 c.f.s. is absolute and 1.5 c.f.s. is conditional; Uses: Irrigation, livestock water, municipal, industrial and domesticpurposes. Taylor Reservoir: Original decree: November 2, 1984, Case No. 81CW404, Division 5; Location: The reservoir is locatedin the SE1/4 SE1/4, Section 8, T.3 S., R.97 W., 6th P.M. at a point whence the SE corner of said Section 8 bears S68�25'06"E 591.7feet; Source: Hunter Creek, tributary to Piceance Creek, tributary to the White River; Appropriation: May 27, 1966; Amount: In casenumber 81CW404, Taylor Reservoir was awarded an absolute water right for 81 acre feet for irrigation use and a conditional waterright for 89 acre feet, all of which remains conditional; Uses: Irrigation, livestock water, municipal, industrial and domestic purposes.Applicant requests that the remaining conditional portions of Greeno No. 1 Ditch, Greeno No. 2 Ditch, Greeno No. 3 Ditch andGreeno No. 4 Ditch be made absolute for irrigation and stockwater purposes, that all remaining conditional water rights referenced inthe Application be continued for the uses heretofore adjudicated, and that the portions of the conditional water rights made absolute inthese proceedings have the conditional uses of municipal, industrial and domestic purposes continued. A detailed outline of what hasbeen done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionallydecreed is contained in the Application. (14 pages)

12. 02CW37 RIO BLANCO COUNTY. Yellow-Jacket Water Conservancy District c/o Frank G. Cooley, Attorney at Law, P.O. Box 98, Meeker, CO 81641, Telephone: 970-878-5065. APPLICATION FOR FINDING OF REASONABLE DILIGENCE.Name of Structures: SAWMIILL MOUNTAIN RESERVOIR and NORTH FORK FEEDER CONDUIT. Legal descriptionof each point of diversion: Sawmill Mountain Reservoir, the right abutment of the dam forming Sawmill Mountain Reservoir islocated in the NW1/4NW1/4 of Section 31, Township 1 North, Range 91 West of the 6th P.M. at a point whence the NW corner ofSection 36, Township 1 North, Range 92 West of the 6th P.M. bears N 76°00’ W 5,500 feet. North Fork Feeder Conduit, the pointof diversion is located in the NW1/4NE1/4 of Section 22, Township 1 North, Range 90 West of the 6th P.M., at a point whence theNE corner of said Section 22 bears N 73°00’ E 2,350 feet. Source: Sawmill Mountain Reservoir: The North Fork of White Riverthrough the North Fork Feeder Conduit and the Bob Raley Tunnel, and Big Beaver Creek, East Beaver Creek, Cow Creek, andtributaries thereto, all tributaries to the White River. North Fork Feeder Conduit: North Fork of the White River, tributary to theWhite River. Appropriation Date: Both with an appropriation date of October 7, 1976. Amount claimed: Sawmill MountainReservoir, a capacity of 80,000 acre feet of water. North Fork Feeder Conduit, a capacity of 500 cubic feet of water per second.Uses: Municipal, industrial, domestic, agriculture, recreational and other beneficial uses. (12 pages)

13. 02CW38 GRAND COUNTY - COLORADO RIVER. Town of Fraser, P.O. Box 120, Fraser, CO. 80442, c/o Stanley W.Cazier, P.O. Box 500, Granby, CO., 80446, 970-887-3376. APPLICATION FOR FINDING OF REASONABLE DILIGENCE.Name of structure: Bradley Well No. 1. Source: Fraser River. Location: SE1/4SW1/4 of Section 20, T1S, R75W of the 6th PM at apoint 540 feet North of the South line and 2190 feet East of the West line of said Section 20. Type of Use: Drinking and sanitaryfacilities in an individual commercial business as provided in 37-92-602(1)(c). Type of Structure: Well. Quantity: .033 cfs.Appropriation Date: March 1980. Original Decree: June 6, 1981, Case No.: 80CW405, Water Division No. 5. AdditionalInformation: The application contains a detailed summary of the work performed during the diligence period. (2 pages)

14. 02CW39 GARFIELD COUNTY – UNNAMED DRAW TRIBUTARY TO THE COLORADO RIVER. Dale V. & BebeAlcorn; P.O. Box 890, 0511 County Rd. 216; Rifle, CO 81650 970-625-4808. Alcorn Ditch – Application for Finding of Diligence.Location: Lot 2 and the SW1/4NE1/4, Sec. 5, T. 6S., R. 92W. of the 6th P.M. as follows: Diversion #1- is 1,800 ft. south of the north

Page 4: PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE ...FEBRUARY 2002 RESUME WATER DIVISION 5 PAGE 2 94CW380, 3) In the alternative, if the Court does not make the subject water rights

FEBRUARY 2002 RESUMEWATER DIVISION 5

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line and 2, 000 ft. west of the east line of said Sec. 5. Diversion #2- is 2, 200 ft. south of the north line and 1, 900 ft. west of the eastline of said Sec. 5. Appropriation: March 8, 1995. Amount: 0.5 cfs, conditional. Use: irrigation and livestock water. An outline ofactivities completed during the diligence period is included. (3 pages)

15. 02CW40 - Rio Blanco County - Elk Creek Lodge Well Nos. 1 and 2. Elk Creek Lodge, LLC. William Wheeler, P.O. Box130, Meeker, CO 81641, Phone: (970) 878-4565 c/o Anne Marie Callahan, Esq., Scott Balcomb, Esq., Balcomb & Green, P.C., P.O.Drawer 790, Glenwood Springs, CO 81602, Phone: (970) 945-6546. Application for Finding of Reasonable Diligence and to MakeWater Rights Absolute. Date of Original Decree for both wells: 02/20/1996, Case No. 94CW263, Water Ct., Water Div. 5. Elk CreekLodge Well No. 1 is located in the SE Quarter of the SE Quarter of Sec. 23, T. 1 S., R 92 W. of the 6th P.M., more specifically 360 ft.from the S. sec. line and 633 ft. from the E. sec. line of said Sec. 23. Elk Creek Lodge Well No. 2 is located in the SE Quarter, SEQuarter, Sec. 23, T. 1 S., R 92 W. of the 6th P.M. at a point 50 ft. from the S. sec. line and 1100 ft. from the E. sec. line of said Sec. 23.Source: Alluvium to North Elk Creek, tributary to White River. Approp. Date: Elk Creek Lodge Well No. 1: 05/26/1989; Elk CreekLodge Well No. 2: 11/02/1994. Amt.: Elk Creek Lodge Well No. 1: 7 g.p.m. (an additional 18 g.p.m. was previously decreedabsolute); Elk Creek Lodge Well No. 2: 25 g.p.m. Use for both wells: Water service to three cabins, two lodges, and a store; irrigationof up to four acres located in the SE Quarter SE Quarter of Sec. 23, R 92 W., T. 1 S. of the 6th P.M. Depth of both wells: 45 ft. In thesix years preceding the filing of this Application, Applicant has diligently pursued development of the subject conditional water rightsand has placed the subject water rights to beneficial use. Examples of work done to establish diligence include: Elk Creek Lodge WellNos. 1 and 2 have both been drilled and are used for all of the lodging units, main lodge, store, laundry rooms, and shop areas of theElk Creek Lodge. In addition, they are utilized for two new sprinkler systems, landscape maintenance, and irrigation. A total of 25g.p.m. for each well is currently being applied to beneficial use. (4 pages).

16. Will NOT BE PUBLISHED IN THIS RESUME.

17. O2CW42 PITKIN COUNTY - APPLICATION FOR UNDERGROUND WATER RIGHTS AND APPROVAL OFPLAN FOR AUGMENTATION. Applicants: John N. Galardi; Cynthia L. Galardi; and Gerd M. Zeller, c/o John G. Nelson, Esq.,Brega & Winters P.C., 1700 Lincoln Street, Suite 2222, Denver, Colorado 80203, (303) 866-9400. FIRST CLAIM:APPLICATION FOR UNDERGROUND WATER RIGHTS. Name of structure: Zeller Well No. 1; Location of Structure:SW 1/4, NE 1/4, Section 11, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, at a pointlocated approximately 1500 feet from the North Section Line and 1850 feet from the East Section Line of said Section 11; Source:Groundwater tributary to the Roaring Fork River; Date of appropriation: October 19, 2001; Date water applied to beneficial use:Water will be applied to beneficial use immediately; How appropriation was initiated: Through formation of intent to appropriateand construction of monitoring/observation well to determine feasibility of project; Amount claimed: 25 gpm, absolute; Uses orproposed uses: Irrigation; Legal description and average of land where water will be used: Portions of Lots 1 and 2, Golf CourseProperties Lot Split, according to the recorded plats thereof in Plat Book 18 neat page 26, Plat Book 18 at page 74, and Plat Book 19at page 98, County of Pitkin, State of Colorado. The total average to be irrigated is 3.0; Name and address of owner of the landupon which point of diversion and place of use are located: Point of Diversion: Gerd N. Zeller, 39600 Highway 82, Aspen, CO;Place of Use: Gerd M. Zeller, 39600 Highway 82, Aspen, CO and John N. Galardi, Cynthia L. Galardi, 39500 Highway 82, Aspen,CO; Remarks: The Applicants seek to develop a single water system to be supplied by both Galardi Well No. 1 and Zeller Well No.1. Thus, the 3.0 acres referenced in the First Claim for Relief is the same property as the 3.0 acres referenced in the Second Claim forRelief. SECOND CLAIM FOR RELIEF APPLICATION FOR UNDERGROUND WATER RIGHTS. Name of structure:Galardi Well No. 1.; Location of structure: SW 1/4, NE 1/4, Section 11, Township 10 South, Range 85 West of the 6th PrincipalMeridian, Pitkin County, Colorado, at a point located approximately 1700 feet from the North Section Line and 1850 feet from theEast Section Line of said Section 11; Source: Groundwater tributary to the Roaring Fork River; Date of appropriation: October19, 2001; Date water applied to beneficial use: Water will be applied to beneficial use immediately. How appropriation wasinitiated: Through formation of intent to appropriate and construction of monitoring/observation well to determine feasibility ofproject; Amount claimed: 25 gpm, absolute; Uses or proposed uses: Irrigation; Legal description and average of land wherewater will be used: Portions of Lots 1 and 2, Golf Course Properties Lot Split, according to the recorded plats thereof in Plat Book 18at page 26, Plat Book 18 at page 74, and Plat Book 19 at page 98, County of Pitkin, State of Colorado. The total average to beirrigated is 3.0; Name and address of owner of the land upon which point of diversion and place of use are located: Point ofDiversion: John N. Galardi, Cynthia L. Galardi, 39500 Highway 82, Aspen, CO; Place of Use: John N. Galardi, Cynthia L. Galardi,39500 Highway 82, Aspen, CO, and Gerd M. Zeller, 39600 Highway 82, Aspen, CO; Remarks: The Applicants seek to develop asingle water system to be supplied by both Galardi Well No. 1 and Zeller Well No. 1. Thus, the 3.0 acres referenced in the First Claimfor Relief is the same property as the 3.0 acres referenced in the Second Claim for Relief. THIRD CLAIM FOR RELIEFAPPLICATION FOR APPROVAL OF AUGMENTATION PLAN Name of structure to be augmented: Zeller Well No. 1,Galardi Well No. 1; Previous decrees for water rights to be used for augmentation: Civil Action No. 3000, Pitkin County DistrictCourt, entered October 16, 1933, decreeing 8.0 cfs absolute to The Stapleton Brothers’ Ditch; Statement of plan for augmentation:The Applicants own Lots 1 and 2, Golf Course Properties Lot Split, in Pitkin County, Colorado. These properties together comprise

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approximately 8.936 acres. Approximately 3.0 acres of lawns and gardens currently are irrigated. Water for this landscaping also isprovided by the City of Aspen. The remainder of the properties is not irrigated. The Applicants seek by this Application to developan independent water supply for outdoor irrigation use. The consumptive use associated with the Applicant’s three acres of irrigationis set forth in the Table No. 1. All depletions were calculated using the modified Blaney-Criddle Method.Table No. 1

DIVERSIONS DEPLETIONSMONTH

IN-HOUSE(1)

IRRIGATION(2)

TOTAL(3)

IN-HOUSE(4)

IRRIGATION(5)

TOTAL(6)

January 0.00 0.00 0.00 0.00 0.00 0.00

February 0.00 0.00 0.00 0.00 0.00 0.00

March 0.00 0.00 0.00 0.00 0.00 0.00

April 0.00 0.00 0.00 0.00 0.00 0.00

May 0.00 1.04 1.04 0.00 0.83 0.83

June 0.00 1.51 1.51 0.00 1.21 1.21

July 0.00 1.63 1.63 0.00 1.30 1.30

August 0.00 1.31 1.31 0.00 1.05 1.05

September 0.00 0.95 0.95 0.00 0.76 0.76

October 0.00 0.55 0.55 0.00 0.44 0.44

November 0.00 0.00 0.00 0.00 0.00 0.00

December 0.00 0.00 0.00 0.00 0.00 0.00

TOTAL 0.00 6.99 6.99 0.00 5.59 5.59

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NOTES: 0 Equivalent Residential Units; 3 total acres irrigated by well(s); Column (1) + Column (2); 0 Equivalent ResidentialUnits; 80% of (2) is consumptively use; Column (4) + Column (5). The Applicants have executed a contract with Pitkin County forthe purchase of 5.75 acre-feet of transferable consumptive use credits from the Stapleton Brothers’ Ditch water right. The Applicantspropose to augment the stream using this water. The purpose of this augmentation will be to permit the entry of a decree for theunderground water right sought above in this Application. The augmentation water will be released to the stream coinciding with theschedule set forth in Table 1 above, will be available throughout the irrigation season, and will fully offset all depletions to the stream.(15 pages)

18. 02CW43 (95CW166) Tri-State Generation and Transmission Association, Inc. (“Tri-State”) Attn: Robert E. Temmer,Senior Vice President and General Counsel, P. O. Box 33695, Denver, Colorado 80233-0695, (303) 452-6111. (c/o Timothy J.Beaton, Gabriel D. Carter, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN MESA COUNTY. Name of structure: Salt CreekPump Station. Description of conditional water right: A. Date of original decree: May 26, 1981. Case No.: 80CW385. Court: DistrictCourt, Water Division No. 5, State of Colorado. B. Location: The point of diversion is located on the east bank of Salt Creek in theNW1/4 of the NE1/4 of Section 4, Township 10 South, Range 103 West of the 6th P.M., at a point whence the northeast corner of saidSection 4 bears North 87�29'03" East a distance of 1,785.46 feet. C. Source: Salt Creek, a tributary of the Colorado River. D.Appropriation date: July 18, 1980. E. Amount: 60 cfs., CONDITIONAL. F. Uses: Thermal electric power generation, mining,production of synthetic fuels, domestic, industrial and irrigation purposes. Previous diligence decrees: At timely intervals since entryof the decree in Case No. 80CW385, Tri_State’s predecessor-in-interest, Colorado_Ute Electric Association, Inc., obtained decreesfrom the Water Court finding that reasonable diligence had been exercised in the development of the subject conditional water right,and the Court ruled in Case Nos. 85CW118 and 89CW085 that said right be continued in full force and effect. The latest diligencedecree entered February 5, 1996 in Case No. 95CW166 determined that Tri_State had exercised reasonable diligence and continuedthe subject conditional right in full force and effect, specifying February of 2002 as the deadline for the next diligence application.Outline of work and expenditures during the diligence period toward completion of the appropriation and application of water tobeneficial use: During the diligence period, Tri_State expended a total of $126,408.95 in maintaining the subject conditional waterright and real property on which said right is located, including the payment of water assessments and costs incurred in having aproperty boundary survey completed. Furthermore, the foregoing amount does not include internal costs incurred by Tri_State inmanaging and leasing the property on which the subject conditional water right is located. Tri-State requests that the Water Courtgrant this application, find that reasonable diligence has been exercised, continue in full force and effect the 60 cfs conditional rightfor the Salt Creek Pump Station and grant any other relief the Court deems appropriate. (4 pages)

19. 02CW44 (95CW165) Tri-State Generation and Transmission Association, Inc. (“Tri-State”) Attn: Robert E. Temmer,Senior Vice President and General Counsel, P. O. Box 33695, Denver, Colorado 80233-0695, (303) 452-6111 (c/o Timothy J.Beaton, Gabriel D. Carter, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN MESA COUNTY. Name of structure: ColoradoRiver Pump Station. Description of conditional water right: A. Date of original decree: May 26, 1981.Case No.: 80CW386.Court:District Court, Water Division No. 5, State of Colorado. B. Location: (1) Colorado River Pump Station No. 1: The point of diversionis located on the north bank of the Colorado River in the NW1/4 of the NE1/4 of Section 7, Township 10 South, Range 103 West ofthe 6th P.M., at a point whence the southeast corner of Section 8 of said township and range bears South 57�13'05" East a distance of8,663.19 feet. (2) Colorado River Pump Station No. 2: An alternate point of diversion is located on the north bank of the ColoradoRiver in the SE1/4 of the NW1/4 of Section 8, Township 10 South, Range 103 West of the 6th P.M., at a point whence the southeastcorner of said Section 8 bears South 50�15'55" East a distance of 4,656.83 feet. C. Source: Colorado River. D. Appropriation date:July 18, 1980. E. Amount: 60 cfs., CONDITIONAL. F. Uses: Thermal electric power generation, mining, production of syntheticfuels, domestic, industrial and irrigation purposes. Previous diligence decrees: At timely intervals since entry of the decree in CaseNo. 80CW386, Tri_State’s predecessor-in-interest, Colorado_Ute Electric Association, Inc., obtained decrees from the Water Courtfinding that reasonable diligence had been exercised in the development of the subject conditional water right, and the Court ruled inCase Nos. 85CW119 and 89CW084 that said right be continued in full force and effect. The latest diligence decree enteredFebruary 5, 1996 in Case No. 95CW165 determined that Tri_State had exercised reasonable diligence and continued the subjectconditional right in full force and effect, specifying February of 2002 as the deadline for the next diligence application. Outline ofwork and expenditures during the diligence period toward completion of the appropriation and application of water to beneficial use:During the diligence period, Tri_State expended a total of $126,408.95 in maintaining the subject conditional water right and realproperty on which said right is located, including the payment of water assessments and costs incurred in having a property boundarysurvey completed. Furthermore, the foregoing amount does not include internal costs incurred by Tri_State in managing and leasingthe property on which the subject conditional water right is located. Tri-State requests that the Water Court grant this application, findthat reasonable diligence has been exercised, continue in full force and effect the 60 cfs conditional right for the Colorado River PumpStation and grant any other relief the Court deems appropriate. (4 pages)

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20. 02CW45 (95CW167) Tri-State Generation and Transmission Association, Inc. (“Tri-State”) Attn: Robert E. Temmer,Senior Vice President and General Counsel, P. O. Box 33695, Denver, Colorado 80233-0695, (303) 452-6111 (c/o Timothy J.Beaton, Gabriel D. Carter, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN MESA COUNTY. Name of structure: Salt CreekReservoir. Description of conditional water right: A. Date of original decree: April 29, 1982. Case No.: 81CW297.Court: DistrictCourt, Water Division No. 5, State of Colorado. B. Location of dam: The North Dam Abutment is located in the NE1/4 of the SW1/4of Section 33, Township 9 South, Range 103 West of the 6th P.M., at a point whence the southeast corner of said Section 33 bearsSouth 62�39' East 3,331.15 feet. C. Source: Colorado River and Salt Creek, a tributary of the Colorado River. D. Appropriation date:June 12, 1981. E. Amount: 3,000 acre-feet, CONDITIONAL. F. Uses: Power generation, mining, production of synthetic fuels,domestic, industrial and irrigation purposes. Previous diligence decrees: At timely intervals since entry of the decree in Case No.81CW297, Tri_State’s predecessor-in-interest, Colorado_Ute Electric Association, Inc., obtained decrees from the Water Courtfinding that reasonable diligence had been exercised in the development of the subject conditional water right, and the Court ruled inCase Nos. 86CW65 and 90CW058 that said right be continued in full force and effect. The latest diligence decree entered onFebruary 5, 1996 in Case No. 95CW167 determined that Tri_State had exercised reasonable diligence and continued the subjectconditional right in full force and effect, specifying February of 2002 as the deadline for the next diligence application. Outline ofwork and expenditures during the diligence period toward completion of the appropriation and application of water to beneficial use:During the diligence period, Tri_State expended a total of $126,408.95 in maintaining the subject conditional water right and realproperty on which said right is located, including the payment of water assessments and costs incurred in having a property boundarysurvey completed. Furthermore, the foregoing amount does not include internal costs incurred by Tri_State in managing and leasingthe property on which the subject conditional water right is located. Tri-State requests that the Water Court grant this application, findthat reasonable diligence has been exercised, continue in full force and effect the 3,000 acre-feet conditionally decreed for Salt CreekReservoir and grant any other relief the Court deems appropriate. (4 pages)

21. 02CW46 - GRAND COUNTY - SILVER CREEK - Ronald J. Cooper and Linda M. Dodge, P.O. Box 506,TABERNASH, CO 80478, (970) 887-2038. APPLICATION FOR WATER RIGHTS (SURFACE). Structure: Cooper Ditch.Location: NE1/4NE1/4, Section 3, T1S, R76W of the 6th P.M. Appropriation Date: August 25, 1995. Amount: .3 cfs, absolute.Source: Silver Creek. Use: Livestock and irrigation. (4 pages)

22. 02CW47 Garfield County White River. Town of Meeker, Colorado, c/o Leavenworth & Karp, P.C., P.O. Drawer 2030,Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence. Name of structures: Meeker Well Nos. B-5, B-6, B-7 and B-8. Date of original decree: November 2, 1981, in Case No. 80CW544 in the District Court in and for Water Division No. 5.The Meeker Well B-5 as decreed in Case No. 80CW544 is located in the Southwest 1/4 of the Southeast 1/4 of Section 33, Township1 North, Range 93 West of the 6th P.M., at a point 1,420 feet West and 600 feet North of the Southeast Corner of said Section 33. InCase No. 83CW202, dated October 10, 1984, the point of diversion of the Meeker Well B-5 was changed to a point located in theSouthwest 1/4 of the Southeast 1/4 of Section 33, Township 1 North, Range 93 West of the 6th P.M., at a point 3,463.7 feet East of theWest line and 262.4 feet North of the South line of said Section 33. The Meeker Well B-6 is located in the Southwest 1/4 of theSoutheast 1/4 of Section 33, Township 1 North, Range 93 West of the 6th P.M., at a point 1,900 feet West and 500 feet North of theSoutheast Corner of said Section 33. The Meeker Well B-7 is located in the Southwest 1/4 of the Southeast 1/4 of Section 33,Township 1 North, Range 93 West of the 6th P.M., at a point 2,200 feet West and 720 feet North of the Southeast Corner of saidSection 33. The Meeker Well B-8 is located in the Southwest 1/4 of the Southeast 1/4 of Section 33, Township 1 North, Range 93West of the 6th P.M., at a point 2,550 feet West and 1,000 feet North of the Southeast Corner of said Section 33. Source: Alluvium ofthe White River. Appropriation date: November 3, 1980. Amounts: Meeker Well B-5: 0.11 c.f.s. (1.22 c.f.s. of the original 1.33 c.f.s.decreed to this well was made absolute in Case No. 85CW237). Meeker Well B-6: 1.33 c.f.s., conditional. Meeker Well B-7: 1.33c.f.s., conditional. Meeker Well B-8: 1.33 c.f.s., conditional. Uses: Municipal, commercial, industrial, domestic, irrigation, sewagetreatment (including land application), recreation and fish and wildlife propagation purposes. The application provides a detailedoutline of what has been done toward completion of the appropriation and application of water to beneficial use as conditionaldecreed, including expenditures. (6 pages)

23. 02CW48 WILL NOT BE PUBLISHED IN THIS RESUME.

24. 02CW049 Eagle, Garfield, Grand and Pitkin Counties, Colorado. Rock Gardens Mobile Home Park & Campground, c/oDavid C. Hallford, Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Amended Application forConditional Underground Water Rights and for Approval of Plan for Augmentation. The Application was filed on February 28, 2002.Pursuant to Rule 15, C.R.C.P., it was amended on March 6, 2002, which amendment relates back to the Application filing datepursuant to Rule 15(c). First Claim; Application for Conditional Underground Water Rights. Name of Structure: Rock Gardens WellNo. 2. The Rock Gardens Well No. 2 is located in Section 2, Township 6 South, Range 89 West of the 6th P.M., at a point 2,368 feetWest of the East section line and 2,153 feet North of South section of said Section 2. Source: Groundwater tributary to the Colorado

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River. Date of appropriation: February 1, 2002. See Affidavit attached as Exhibit A. How was appropriation was initiated: By theapplication for a well permit and formation of intent to appropriate water. Date water applied to beneficial use: N/A. Amount Claimed:0.11 c.f.s. (50 g.p.m.) conditional. Use: If irrigation: Number of acres historically irrigated: None. Total number of acres proposed tobe irrigated: 2 acres. Legal description of the land irrigated: A portion of the NW1/4 SE1/4 and the SW1/4 SE1/4 of Section 2,Township 6 South, Range 89 West of the 6th P.M. If non-irrigation, describe purpose fully: Domestic, irrigation and commercialpurposes more fully described below. Well Permit: The Rock Gardens Well No. 2 is currently permitted as Colorado Division ofWater Resources (“DOWR”) Well Permit No. 55899-F. This well permit was approved as an additional point of diversion to theRock Gardens Well No. 1 (Well Permit No. 29000-F). The permit states that the combined use of ground water from this well andRock Gardens Well No. 1 is limited to a water supply for 36 mobile home sites, 5 cabins, 90 summer camp sites, 2 single-familydwellings and 3,000 square feet of landscape irrigation and that the combined annual withdrawal of ground water from the RockGardens Well No. 2 and the Rock Gardens Well No. 1 shall not exceed 17.43 acre-feet. See Exhibit B. An application for well permitwill be submitted to DOWR consistent with the new uses to be decreed for the Well No. 2 in this case. Name and address of owner ofland upon which the structure is located: Applicant. Remarks: The combined use of groundwater from this well and the Rock GardensWell No. 1 shall not exceed 50 g.p.m. Name of Structure: Rock Gardens Well No. 3. The Rock Gardens Well No. 3 will be located inSection 2, Township 6 South, Range 89 West of the 6th P.M., at a point 1,534 feet West of the East section line and 1,129 feet North ofSouth section of said Section 2. Source: Groundwater tributary to the Colorado River. Date of appropriation: February 1, 2002. SeeAffidavit attached as Exhibit A. How was appropriation was initiated: By location of well site and formation of intent to appropriatewater. Date water applied to beneficial use: N/A. Amount Claimed: 0.22 c.f.s. (100 g.p.m.) conditional. Use: If irrigation: Number ofacres historically irrigated: None. Total number of acres proposed to be irrigated: 2 acres. Legal description of the land irrigated: Aportion of the NW1/4 SE1/4 and the SW1/4 SE1/4 of Section 2, Township 6 South, Range 89 West of the 6th P.M. If non-irrigation,describe purpose fully: Domestic, irrigation and commercial purposes more fully described below. Well Permit: An application for awell permit for this well will be submitted to DOWR consistent with the uses to be decreed for Well No. 3 in this case. Name andaddress of owner of land upon which the structure is located: Applicant. Second Claim; Application for Approval of Plan forAugmentation. Structures to be augmented: Description: Rock Gardens Wells No. 1, 2 and 3, hereafter referred to as the “AugmentedWells”, will be augmented by Applicant’s plan for augmentation. Wells No. 2 and 3 are described above and Well No. 1 is describedbelow. The Rock Gardens Well No. 1 was decreed in Case No. 83CW380 on February 6, 1986, in the District Court in and for WaterDivision No. 5. Decreed point of diversion: The well was originally decreed at a point whence the East Quarter Corner of Section 2,Township 6 South, Range 89 West of the 6th P.M. bears North 44�31' East 2485.0 feet. Said well is situated approximately 1,071 feetNorth of the South line and 1,810 feet West of the East line of said Section 2. On August 26, 1997, in Case No. 95CW69, the decreedlocation of the Rock Gardens Well No. 1 was changed to its actual location as follows: The Rock Gardens Well No. 1 is located at apoint in the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 6 South, Range 89 West of the 6th P.M., at a point 1975 feetfrom the South section line and 2350 feet from the East section line of said Section 2.Source: Colorado River. Appropriation date:December 21, 1983. Amount: 50 g.p.m. (of which 28.3 g.p.m. is absolute and 21.7 is conditional). Use: Domestic, irrigation,commercial and municipal purposes. A summary of diversion records is attached as Exhibit C. Name and address of owner uponwhich the structure is located: Applicant. Well Permit: The Rock Gardens Well No. 1 is currently permitted as DOWR Well PermitNo. 29000-F. The well permit states that ground water production shall be limited to a maximum of 50 g.p.m. to provide a watersupply for Rock Gardens, an existing mobile home park and camping park. The development is composed of 36 mobile home sites,five cabins, ninety summer camp sites, and two single-family residences. The average annual amount of ground water to beappropriated is 10 acre feet. See Exhibit D. Amount: Applicant requests a cumulative pumping rate of 150 g.p.m. from theAugmented Wells for the uses described below. Water Rights to be Used for Augmentation: Applicant will contract for thedelivery of reservoir storage water to replace out-of-priority depletions associated with use of water from the Augmented Wells. Priorto the entry of a ruling or decree, Applicant will provide evidence to the Court of the existence of contract(s) for the amount ofaugmentation storage water required for the plan, including water to replace out-of-priority depletions and for transit losses associatedwith storage water deliveries. CRWCD Supplies. Applicant will contract with the Colorado River Water Conservation District whichowns and controls water supplies through its Colorado River Water Projects Enterprise that are available for contracting under theEnterprise's Water Marketing Policy. The District’s Colorado River supply sources are described as follows: Wolford MountainReservoir. The River District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has thefollowing water rights. Water Court Case No. 87CW283: Decree Date: November 20, 1989 Legal description of place of storage:The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with theright abutment will occur at a point which bears W. 54�54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25.Source: Muddy Creek and its tributaries. Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolutefor piscatorial and recreational uses by decree entered in Case No. 95CW251, District Court for Colorado Water Division No. 5(“Water Court”). Appropriation Date: December 14, 1987. Use: All beneficial uses, including but not limited to domestic, municipal,agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the MunicipalSubdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the RiverDistrict for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987between the River District and the City and County of Denver. Water Court Case No. 95CW281: Decree Date: August 26, 1997.

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Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. Theas-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the ColoradoRiver Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout"sheet 8 of 94, occurs at a point which bears S. 53�24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; thebearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75� 28' 29" E. Source: Muddy Creek and its tributaries. Amount:6,000 acre feet conditional. Appropriation Date: January 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitantsof the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural,piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirementsassociated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. Noneof the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside ofColorado Water Division No. 5. Case No. 98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for95CW281. Source: Muddy Creek and its tributaries. Amount: 30,000 acre feet conditional with 15,895 AF being absolute forrecreational and piscatorial and flood control. Appropriation Date: November 17, 1998. Use: Certain of the beneficial uses previouslyadjudicated for Wolford Mountain Reservoir in Case No. 87CW283, Water Court (November 20, 1989 Judgment and Decree), andCase No. 95CW281, Water Court (August 26, 1997 Judgment and Decree). 87CW283: The reservoir will be used to satisfy therequirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water ConservancyDistrict. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoirwill also be used to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Parkarea. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District,including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will includeenvironmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain ReservoirProject; such uses will be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described hereinwill be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described above, includingflood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District.The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water tothe Denver Board of Water Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000AF) which is allocated for Colorado River endangered fish releases. Ruedi Reservoir. The River District holds Contracts from theUnited States Bureau of Reclamation for 1,200 acre feet of annual supply from Ruedi Reservoir. This water will be used in additionto and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent toWolford water. The decree descriptions of Ruedi Reservoir’s water rights follow. Ruedi Reservoir was decreed in the GarfieldCounty District Court in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generation of electrical energy, stockwatering and piscatorial uses, with an appropriation date of July 29, 1957. By subsequent order of the Water Court entered in CaseNo. W-789-76, the decreed amount of this reservoir has been fixed at 102,369 acre feet. Ruedi Reservoir is located in Sections 7, 8, 9,11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties, and derives its water supply from the FryingpanRiver. By decree of the Water Court in Case No. 81CW34 Ruedi Reservoir was decreed a refill right in the amount of 101,280 AFconditional. In Water Court Case No. 95CW95, 44,509 AF was made absolute. Statement of Plan for Augmentation: Generaldescription of water supply. Applicant owns the Rock Gardens Campground and Mobile Home Park (“Rock Gardens”), which iscomprised of approximately 17 acres, located in Section 2, Township 6 South, Range 89 West of the 6th P.M., in Garfield County,Colorado. See map attached as Exhibit E. On June 5, 1984, the Water Court entered a Decree in Case No. 83CW379, which, interalia, decreed a plan for augmentation to provide a legal water supply for the existing development within Rock Gardens. Applicantproposes to supercede that plan for augmentation with a new plan to provide an integrated water supply system for an amendedproperty development. The plan will provide for a potable water supply system to serve in-house domestic and in-buildingcommercial needs and irrigation for lawns, gardens and community areas. The purpose of the augmentation plan described herein isto expand the augmentation protection for the water supply for the Rock Gardens development and to allow for the augmentation ofout-of-priority depletions from the Rock Gardens Wells No. 1, 2 and 3. Estimated water demands, consumptive uses and augmentationrequirements. The proposed water demand for Rock Gardens will be associated with the combined use of mobile home sites, cabins,RV spaces, summer camp sites, single family dwellings, irrigation of lawns, gardens and community areas, a public flush toilet, apublic faucet and a paper service snack bar, and/or other uses which will be approved in the land use planning provision. Exhibit No.F summarizes the estimated diversions and consumptive use demands for the several proposed uses from the Rock Gardens watersystem supplied by the Augmented Wells. Annual diversions are estimated at 35.8 A.F. and related annual consumptive use isestimated at 5.63 A.F. Transit losses associated with the delivery of the augmentation water are estimated as 5% of the reservoirrelease. In-building Uses. The development will require a water supply to approximately 76.3 Equivalent Residential Units (EQRs).One EQR is estimated as the amount of water required for 3.5 persons each using 100 gallons per day. The total 76.3 EQRs will becomprised of a mix of the following types of uses and their associated EQR values, depending upon the development plan which isultimately approved. Applicant will develop reporting and accounting forms to be used to provide for reliable administration ofApplicant’s uses and augmentation plan operation.

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EQR Category EQR Value

Mobile Homes 0.80

Cabins 0.50

RV Spaces 0.40

Single-Family Dwelling 1.00

Multi-Family Dwelling Units 0.60

Camp Sites 0.35

20 Seat Snack Bar 1.00

Commercial Retail1 1.00

Commercial Offices2 1.00

Industrial3 1.00

Laundromat 0.35

Service Station 1.00

Day Users (each) 0.02

Notes: 1. Up to 5,000 square feet.(b) Up to 7,000 square feet.

(b) Up to 8,000 square feet. The development will be served by a community waste disposal system, and ninety-five percent of the water utilized will be returnedto the Colorado River, resulting in an annual in-building consumptive use of 1.5 acre-feet. Irrigation Uses. Irrigation and lawnwatering requirements are estimated at 4.14 acre-feet of consumptive use water, based on a diversion of 5.91 A.F. and an applicationefficiency of 70% for the irrigation of two acres of lawns and gardens within the development. Augmentation Water Supplies.Augmentation water will be provided from the sources identified in Paragraph 5 above as necessary to augment out-of-prioritydepletions caused to the Colorado River by diversions of water from the Augmented Wells and to provide for transit losses associatedwith delivery of reservoir water. Prior to the entry of a ruling or decree, Applicant will provide evidence to the Court of the existenceof contract(s) for the required amount of augmentation storage water, including water to replace out-of-priority depletions and fortransit losses associated with storage water deliveries. A portion of the annual consumptive use may occur at times when there is nocall on the Colorado River system. Nevertheless, the plan provides for full replacement of depletions from Applicant’s uses from theAugmented Wells. Applicant will provide evidence to the Court regarding the timing of depletions from its uses of water from theAugmented Wells. Additional Information: Names and addresses of owners of land on which structures are located: RockGardens Wells No. 1, 2 and 3: Applicant. Wolford Mountain Reservoir: Colorado River Water Conservation District, P.O. Box 1120,Glenwood Springs, Colorado 81602; Bureau of Land Management, 1116 Park Avenue, Kremmling, Colorado 80459. RuediReservoir: U.S. Bureau of Reclamation, E. Colorado Projects Office, 11056 W.C.R. 18E, Loveland, CO 80537, operates RuediReservoir on lands owned by U.S. Forest Service, White River National Forest, P. O. Box 948, Glenwood Springs, CO 81602.WellSpacing: Applicant has determined that no existing or permitted wells are located within six hundred (600) feet of the AugmentedWells. Exhibits. Attached to the Application and on file with the Court are the following Exhibits: Exhibit A: Affidavit of Kevin B.Schneider. Exhibit B: Well Permit No. 55899-F. Exhibit C: Summary of diversion records for the Rock Gardens Well No. 1. ExhibitD: Well Permit No. 29000-F. Exhibit E: Map of Rock Gardens. Exhibit F: Summary of estimated water demands and consumptiveuse demands. Application: 15 Pages; Application Attachments: 14 Pages; Amendment: 3 Pages.

25. 02CW50 RIO BLANCO COUNTY – NO NAME CREEK, TRIBUTARY TO NORTH FORK WHITE RIVER. KarlMaser; 393 RBC 75; Meeker, CO 81641 970-878-4669. Fraser Ditch Pollard Enlargement-Application to Make Absolute. Location: ata point in the NE1/4SE1/4 of Sec. 30, T. 1N., R. 90W., of the 6th P.M., at a point on No Name Creek from which the East QuarterCorner of said Sec. 30 bears N 38°40’21” East 1,349.23 ft. Appropriation: June 1, 1983. Amount: 3.0 cfs., conditional. Use: irrigation,livestock watering and to fill Pollard Reservoir. An outline of activities completed during the diligence period is included. (2 pages)

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26. 02CW51 EAGLE COUNTY – HABERL SPRING #4, TRIBUTARY TO YARMONY CREEK, A TRIBUTARY OFTHE COLORADO RIVER. Darlene & Robert Stookey; P.O. Box 814; Minturn, CO 81645 970-827-9030. Haberl Spring #4 –Application for Water Rights(Surface). Location: SE1/4SW1/4 of Sec. 4, T. 2S., R. 83W., 6th P.M., 1, 160 ft. from South sec. line and1,930 ft. from West sec. line. Appropriation: January 1, 1960. Amount: 15 gpm or 0.033 cfs, absolute. Use: domestic use for onesingle family dwelling with yard irrigation for lawn and garden. Name and address of Landowner of which structure is located: BetteMoorehead, 1746 Selig Lane, Los Altos, CA 94022 . (6 pages).

27. 02CW52 GRAND COUNTY, COLORADO RIVER, WATER DIVISION 5DISTRICT COURT, WATER DISTRICT 5,COLORADO APPLICATION FOR WATER RIGHTS (SURFACE) 1. Name, address, telephone number of applicant: United Statesof America, c/o Amelia S. Whiting, Special Assistant United States Attorney, Rocky Mountain Regional Solicitor's Office, 755 ParfetSt., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353, extension 447. 2. Name of structures: Reeder Creek Spring No. 1,Reeder Creek Spring No. 2 3. Legal description of each point of diversion: Reeder Creek Spring #1: Located on public lands in theNW/4 NW/4, Section 5, T1S R79W, Sixth P.M., approximately 655 feet south of the north section line and 729 feet east of the westsection line. Reeder Creek Spring #2: Located on public lands in the NW/4 NW/4, Section 5, T1S R79W, Sixth P.M., approximately766 feet south of the north section line and 638 feet east of the west section line. 4.Source: Unnamed tributary to ReederCreek/Colorado River 5. A. Date of appropriation: 07/01/1954 B. How appropriation was initiated: BLM authorized use of theMcQueary Gulch Allotment and its associated water sources by grazing permittees. C. Date water applied to beneficial use:07/01/1954 6. Amount claimed:0.0340, cfs, absolute, each 7.Use or proposed use:. livestock watering B. If non-irrigation, describepurpose fully: These springs provide water for a herd of cattle on the McQueary Gulch Allotment. In addition, the springs providewater for elk, deer, raptors, small mammals, and birds. 8.Name(s) and address(es) of owner(s) of land on which point of diversion andplace of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Kremmling Field Office, 2103East Park Avenue, P.O. Box 68, Kremmling, CO 80459 (4 pages)

28. 02CW053 GRAND COUNTY - COLORADO RIVER. 1. Richard and Cathey Finlon, c/o Stanley W. Cazier, Cazier andMcGowan, Box 500, Granby, CO 80446, (970) 887-3376. APPLICATION FOR PLAN FOR AUGMENTATION INCLUDINGEXCHANGE. 2. Names and locations of structures to be augmented: (a) Moose Exemption Well No. 1 is located within Lot 1, MooseSubdivision, Grand County, Colorado. The well is located in SE1/4NE1/4, Section 16, T1S, R75W of the 6th PM. 2350' from theNorth Section line and 1190 feet from the East Section line. 3. Source of water: Ground water, hydraulically connected to RanchCreek, tributary to Fraser River, tributary to Colorado River. 4. Amount of water claimed for well: Maximum pumping rate per wellwill not exceed 15 gallons per minute. There are no other wells within 600 feet. 5. Water right which will be used as a source ofexchange water: The Middle Park Water Conservancy District has approved a Water Allotment Contract to provide Applicants theright to an annual entitlement of up to 0.2 ac-ft of water from Wolford Mountain Reservoir: Applicants will use a portion of thestorage right adjudicated in Case No. 87CW283, decree entered November 20, 1989, District Court, Water Division No. 5. The legaldescription of the place of storage is: Wolford Mountain Reservoir, the dam of which is located in the Sw1/4NE1/4 of Section 25,T2N, R81W of the 6th PM. 6. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2)and 305(8): (a) Water Requirements. The annual consumptive use for the development will not exceed .02 af/yr for residential in-house use and up to 200 square feet of irrigation and watering up to 3 head of livestock.(b) Depletions. Consumptive use will notexceed .2 af/yr for the proposed development. (c) Plan for Augmentation. The well will be fully augmented by releases of WolfordMountain water. Additional engineering information is in the Application. 7. Date of Exchange: February 7, 2002. Applicants requestapproval of plan finding plan will not cause injury and no vested water right owners will be injured by the operation of this plan. (6pages)

29. 02CW054 Concerning the Application for Water Rights of: Scott W. Brynildson and Linda S. Brynildson in GarfieldCounty, State of Colorado. Application for Finding of Reasonable Diligence and/or To Make Absolute a Conditional WaterRight. Scott W. Brynildson and Linda S. Brynildson, 1831 Railroad Avenue, Rifle, CO 81650; c/o Stuver & LeMoine, P.C., ThomasW. Stuver, #1411, Attorneys for Applicants, 120 West Third Street, P.O. Box 907, Rifle, CO 81650, (970) 625-1887. Theseconditional water rights were originally decreed February 20, 2996, Case No. 95 CW 073 District Court, Water Division 5, withappropriation date of March 8, 1995. The source of water for each structure is seepage and run-off tributary to Mamm Creek,tributary to the Colorado River. The use of water from each spring is Domestic, livestock watering, irrigation, piscatorial, fireprotection, wildlife watering, storage and aesthetics. Descriptions of conditional water rights: First Claim:Misty Spring. Location:Said spring is located at a point approximately 1700 feet from the north section line and 1970 feet from the west section line ofSection 29, Township 6 South, Range 92 West of the 6th P.M. Amount: 0.155 c.f.s., conditional. Second Claim: Apple Tree Spring.Location: Said spring is located at a point approximately 1200 feet from the north line and 2080 feet from the west line of Section 29,Township 6 South, Range 92 West of the 6th P.M. Amount: 0.022 c.f.s., conditional. Third Claim: Eric Spring. Location: Saidspring is located at a point approximately 490 feet from the north line and 2160 feet from the west line of Section 29, Township 6South, Range 92 West of the 6th P.M. Amount: 0.022 c.f.s., conditional. Fourth Claim: Linda Spring. Location: Said spring is

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located at a point approximately 150 feet from the north section line and 2100 feet from the west section line of Section 29, Township6 South, Range 92 West of the 6th P.M. Amount: 0.044 c.f.s., conditional. Fifth Claim: Scott Spring. Location: Said spring is locatedat a point approximately 290 feet from the west line and 1280 feet from the north line of Section 29, Township 6 South, Range 92West of the 6th P.M. Amount: 0.022 c.f.s., conditional. Sixth Claim: Brynildson Spring. Location: Said spring is located at a pointapproximately 1600 feet from the east section line and 50 feet from the south section line of Section 19, Township 6 South, Range 92West of the 6th P.M. Amount: 0.022 c.f.s., conditional. Detailed outline of what has been done toward completion or for completionof the appropriations and application of water to beneficial uses as conditionally decreed is set forth in the application. Claim to makeabsolute: First Claim Misty Spring. Appropriation date: March 8, 1995. Amount: 0.155 c.f.s., absolute. Use: Livestock wateringand wildlife watering. Fifth Claim Scott Spring. Appropriation Date: March 8, 1995. Amount: 0.022 c.f.s., absolute. Use:Livestock watering and irrigation. Sixth Claim. Brynildson Spring. Appropriation Date: March 8, 1995. Amount: 0.022 c.f.s.,absolute. Use: Livestock watering and wildlife watering. (5 pages)

30. 02CW55 (95CW206) - ROUTT COUNTY - Egeria Creek, tributary to Rock Creek, tributary to the Colorado River.Duncan Alexander c/o Scott Balcomb, Balcomb & Green, P. C., P. O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546.Application for Finding of Reasonable Diligence. Egeria Basin Ditch and Pipeline. Date of Original Decree: 5/15/1989.Adjudication Date: 12/31/1988. Case No. 88CW415, Water Ct., Water Div. 5. Location: The point of diversion is in the SW quarterof Sec. 20, T.1 N., R. 85W. of the 6th P.M. at a point whence the SW Corner of said Sec. 20 bears S. 84 degrees 30' W. 1750 ft.Appropriation Date: 8/31/1988. Amt. and Use: 2.0 cfs, conditional, for the irrigation of 100 acres. Of that 2.0 cfs, 0.033 cfs wasawarded conditionally for livestock watering purposes. In the 6 years preceding the filing of this Application, Applicant has diligentlypursued development of the subject conditional water right. The Application on file with the Court contains a detailed outline of thework performed during the diligence period. (3 pages)

31. 02CW056 Eagle County, Garden Gulch, Colorado River. Application for Water Rights and Plan for Augmentation.Applicant: James Parr, c/o Jefferson V. Houpt and Mary Elizabeth Geiger, Caloia, Houpt & Hamilton, P.C., 1204 Grand Ave.,Glenwood Springs, CO 81601, (970) 945-6067. 1st Claim. Cisco Spring No. 1, First Enlargement located in the NE1/4 SW1/4 SW1/4of Sec. 8, T2S, R82W 6th P.M. at a point 1200 feet East and 1125 feet North of the SW Corner of said Section 8 and is tributary toGarden Gulch and Colorado River. Appropriation 12/31/1974 by diversion of water and application of water to beneficial use.Amount: 0.02 cfs (10 g.p.m.), absolute. Proposed uses: Irrigation and stockwatering. Total number of acres irrigated: 2,000 sf (totalamount, including irrigation from Cisco Spring No. 2, First Enlargement). Owner of land upon which spring is located: USFS. 2ndclaim: Cisco Spring No. 2, 1st Enlargement is located in the SW1/4 SE1/4 SW1/4 Sec. 8, T2S, R82W 6th P.M. at a point 1350 feetEast and 600 feet North of the Southwest Corner of said Section 8 and is tributary to Garden Gulch and to Colorado River.Appropriation: 12/31/1974 by diversion of water and application of water to beneficial use. Amount: 0.02 cfs (10 g.p.m.), absolute.Proposed uses: Irrigation and stockwatering. Total number of acres irrigated: 2,000 square feet (total amount, including irrigationfrom Cisco Spring No. 1, above). Owner of land upon which spring is located: USFS. Applicant owns will not divert more than 10g.p.m. as a combined amount from both Cisco Spring No. 1, 1st Enlargement and Cisco Spring No. 2, 1st Enlargement. Applicantowns 8.5 acres located in the SW1/4 NW1/4, Section 8, T2S, R82W 6th P.M. The water rights claimed have been historicallyexercised to irrigate and provide stockwater since 1974 and are entitled to the benefits of the Green Mountain Reservoir "historicusers' pool" by virtue of actual usage of such water prior to 10/16/1977. Applicant does not anticipate that said irrigation andstockwatering uses require augmentation. 3rd Claim: Plan for Augmentation. In the event it is determined that Applicant is notentitled to the benefits of Green Mountain Reservoir historic user’s pool, Applicant will augment out-of-priority depletions resultingfrom the exercise of the claimed water rights. Structures to be augmented: Cisco Spring No. 1 and No. 2, First Enlargementsdescribed above. Other water rights diverted through these structures: See W-2696. Applicant intends to enter into a water supplycontract with the Colorado River Water Projects Enterprise of the Colorado River Water Conservation District (“CRWCD”), for waterdeliverable from Wolford Mountain Reservoir. The CRWCD owns and operates Wolford Mountain Reservoir (f/k/a Gunsight PassReservoir) which has the following water rights. 87CW283: Decree Date: 11/20/1989. Place of storage: SW1/4 NE1/4 Sec. 25, T2N.,R81W, 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54°54'20" E. a distanceof 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy Creek and its tributaries. Amt: 59,993 A.F. conditional; ofthis amount, 32,986 A.F. were made absolute for piscatorial and recreational uses by decree entered in 95CW251. Appropriation:12/14/1987. Uses: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which usessatisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado WaterConservancy District; use to meet the water requirements of the inhabitants of the CRWCD for all uses, including uses in the MiddlePark area; and use to meet the terms of a lease agreement executed 3/31987 between the CRWCD and the City and County of Denver.95CW281: Decree Date: 8/26/1997. Place of storage: SW1/4 NE1/4 Sec. 25, T2N., R81W, 6th P.M. The as-built intersection of thedam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water ConservationDistrict, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at apoint which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axisfrom Sta. 19+35.61 to Sta. 0+00 being S. 75� 28' 29" E. Source: Muddy Creek and its tributaries. Amt: 6,000 A.F. conditional.

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Appropriation: 1/16/1995. Uses: All beneficial uses by and for the benefit of the inhabitants of the CRWCD, including but notlimited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmentalmitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be madedirectly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directlyor by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. 98CW237: Decree Date: 7/6/2000. Placeof storage: Same as for 95CW281. Source: Muddy Creek and its tributaries. Amt: 30,000 A.F. conditional with 15,895 A.F. beingabsolute for recreational and piscatorial and flood control. Approp. Date: 11/1 71998. Use: Certain of the beneficial uses previouslyadjudicated for Wolford Mountain Reservoir listed above. The reservoir will be used to satisfy the requirements of the Windy GapSettlement made with the Municipal Subdistrict of the NCWCD. This will involve all uses, including but not limited to domestic,municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of theCRWCD for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitantsof the CRWCD, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; suchuses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford MountainReservoir Project; such uses will be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Rightdescribed herein will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir describedabove, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of useswithin the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 A.F.) which is allocated forthe supply of water to the Denver Board of Water Commissioners under Applicant's contractual relationship with Denver, or theReservoir capacity (6,000 A.F.) which is allocated for Colorado River endangered fish releases. Statement of plan for augmentation:The water rights for Cisco Spring Nos. 1 and 2, 1st Enlargements will be used to provide stockwater for a maximum of five horses andirrigation of a maximum of 2,000 square feet of lawn and garden area. Annual depletions resulting from stockwatering are expected tobe .06 acre feet per year. Annual depletions from irrigation of 2,000 sf are expected to be 0.19 A.F. Total annual depletions from theexercise of the subject water rights will be 0.25 A.F. If it is determined that Applicant is not entitled to the benefits of the GreenMountain Reservoir historic user’s pool, Applicant will obtain a contract from CRWCD for no less than one A.F. annually. When thewater rights for Cisco Spring Nos. 1 and 2, 1st Enlargements are out of priority, Applicant will cause water stored in WolfordMountain Reservoir under the water rights identified above to be released in such amounts and at such times as necessary to avoidinjury to downstream senior water rights. This plan shall not be effective unless and until Applicant obtains a contract for such waterfrom the CRWCD. (8 pages)

32. 02CW 57 GARFIELD COUNTY. COLORADO RIVER. Application for Approval of Plan for Augmentation. Applicant:Rocky Mountain Native Plants, c/o Patrick, Miller & Kropf, P.C., Ramsey Kropf, Esq., 730 East Durant, Suite 200, Aspen, CO81611, (970) 920-1028. Name of structures to be augmented: RMNP Lagoon No. 1, applied for in Case No. 01CW376, RMNP PondNo. 1, applied for in Case No. 01CW376, RMNP Lagoon Ditch No. 1, applied for in Case No. 01CW376, RMNP Slough No. 1,applied for in Case No. 01CW376. Description of water rights to be used for augmentation: Applicant owns 93 shares of FarmersIrrigation Company water and 10 acre-feet of Silt Project water, which projects provide water from the water rights in the table below:

Water Right Priority Case No. Amount AppropriationDate

AdjudicationDate

Grass Valley Canal 119A Civil ActionNo. 279

100 cfs July 20, 1887 April 30, 1892

Grass Valley Canal 270 Civil ActionNo. 4914

9 cfs April 1, 1891 November 10,1966

Grass Valley Canal 269 Civil ActionNo. 4914

15 cfs April 1, 1891 November 10,1966

Grass Valley CanalExchange

N/a Civil ActionNo. 4914

100 cfs January 10,1951

November 10,1966

Grass ValleyReservoir (HarveyGap)

Res. 5 Civil ActionNo. 519

3902 Acre-feet April 1, 1891 April 3, 1897

Grass ValleyReservoir (HarveyGap)

301 Civil ActionNo. 4914

3087.2 Acre-feet

September 15,1846

November 10,1966

Applicant is in the process of applying for a Colorado River Water Supply Contract with the Colorado River Water ConservationDistrict in the amount of 7.759 acre-feet, which will provide water for winter releases from the rights described below: WolfordMountain Reservoir. The River District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has thefollowing water rights. (1) Case No. 87CW283: Decree Date: November 20, 1989. Legal description of place of storage: The dam islocated in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment

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will occur at a point which bears W. 54�54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: MuddyCreek and its tributaries. Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial andrecreational uses by decree entered in Water Court Case No. 95CW251. Appropriation Date: December 14, 1987 Use: All beneficialuses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of theWindy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet thewater requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area; and use to meet theterms of a lease agreement executed March 3, 1987 between the River District and the City and County of Denver. (2)Case No.95CW281: Decree Date: August 26, 1997. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 ofSection 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta.WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam constructiondrawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53�24'56" E. a distance of 3,395.51 feet from theNW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75� 28' 29" E. Source: MuddyCreek and its tributaries. Amount: 6,000 acre feet conditional. Appropriation Date: January 16, 1995. Use: All beneficial uses by andfor the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal,industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, includingenvironmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or bysubstitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or byexchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. (3)Case No. 98CW237: Decree Date: July 6,2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries. Amount: 30,000 acrefeet conditional with 15,895 AF being absolute for recreational and piscatorial and flood control. Appropriation Date: November 17,1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, DistrictCourt for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court forColorado Water Division No. 5 (August 26, 1997 Judgment and Decree). 87CW283: The reservoir will be used to satisfy therequirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water ConservancyDistrict. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoirwill also be used to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Parkarea. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District,including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will includeenvironmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project;such uses will be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein will beexercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described above, including floodcontrol, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. TheRefill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to theDenver Board of Water Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF)which is allocated for Colorado River endangered fish releases. Ruedi Reservoir. The River District holds Contracts No. 009D60C111and 009D6C0118 from the United States Bureau of Reclamation for 1,200 acre feet of annual supply from Ruedi Reservoir. Thiswater will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruediwater is physically equivalent to Wolford water. The decree descriptions of Ruedi Reservoir’s water rights follow. (1) Ruedi Reservoirwas decreed in the Garfield County District Court in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generationof electrical energy, stock watering and piscatorial uses, with an appropriation date of July 29, 1957. By subsequent order of theWater Court entered in Case No. W-789-76, the decreed amount of this reservoir has been fixed at 102,369 acre feet. Ruedi Reservoiris located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties, and derives its watersupply from the Fryingpan River. (2) By decree of the Water Court in Case No. 81CW34 Ruedi Reservoir was decreed a refill right inthe amount of 101,280 AF conditional. In Water Court Case No. 95CW95, 44,509 AF was made absolute. Statement of Plan forAugmentation pursuant to C.R.S. 37-92-103(9), 302(1), and 305(8): Applicant is a native plant nursery on the Antlers Orchard parcelproducing native plant stock and seeds, but the nursery does not sell these through any retail store or other commercial building at thenursery. As such all water use subject to this application is construed as agricultural irrigation. Applicant has historically irrigatedapproximately 70 acres of land, on the property described in Exhibits “A-1 and A-2” (on file with the Court Clerk) using 93 shares ofFarmers Irrigation Company water rights and 10 acre-feet of Silt Project water, as described in paragraph 3.A. above. The Applicanthas removed 8.25 acres from irrigation by construction of roads and the greenhouse buildings on the property, resulting in the dry-upof approximately 14.82 acre-feet of consumptive use credits as shown in Table 1 on the following page.TABLE 1Rocky Mountain Native Plants Company

Dry-Up Credits

(1) (2) (3)Consumptive Historic

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Use Based C.U. based onAcres on 100% 85%Removed from Crop Coverage Crop Coverage

Dry-up Area Irrigation AF/AC AF

Main Road 0.92 2.11 1.65Tract 11 Road 0.27 2.11 0.48Tract 12 Road 0.41 2.11 0.74Tract 21 Road 0.83 2.11 1.49Buffer Road 0.79 2.11 1.42Ponds 0.47 2.11 0.84Cold Frames 1.81 2.11 3.25Greenhouse, barn, parking 1.84 2.11 3.30Office area 0.92 2.11 1.65Total 8.25 14.82Column Notes: (1) From RMNP Improvement Survey, 7/21/98, Bookcliff Surveying(2) Annual consumptive use for pasture grasses as determined using the Blaney-Criddle methodology fordetermining consumptive use.(3) Col. (2) x 0.85. Historical crop coverage on lands served byFarmers Irrigation Company and the Silt Water Conservancy Districtis slightly less than 100%, due to water curtailments for FICo water totypically 80 - 90% of full shares (telecon with Norm Hunt,SWCD President, Mar 10, 2000). Note: reduction does not apply to Silt ProjectWater The applicant has constructed two storage ponds, described in paragraphs 2.A. and 2.B. above, in order to capture irrigation water formore efficient use during the irrigation season and for irrigation use in winter months as needed. The ponds are estimated to evaporateapproximately 1.528 acre-feet per year, which requires augmentation. To the extent possible, the ponds will also store excessconsumptive use credits for release as required. The estimated evaporation is shown in Table 2 below:TABLE 2Rocky Mountain Native Plants Company

Evaporation Calculations for RMNP Lagoon No. 1 and RMNP Pond No. 1

(1) (2) (3) (4) (5) (6)Average Effective Net Evap. Reservoir Monthly

Gross Evap. Precipitation, Precipitation, Rate, Evaporation, ReservoirMonth Rate, Inches Inches Inches Inches AF/Acre Evap, AF

Jan 0.47 0.88 0.62 0.00 0.000 0.000Feb 1.41 0.71 0.49 0.92 0.076 0.036Mar 2.82 0.94 0.66 2.16 0.180 0.085Apr 4.23 0.99 0.69 3.54 0.295 0.138May 5.88 0.97 0.68 5.19 0.433 0.203Jun 7.29 0.75 0.52 6.76 0.564 0.264Jul 7.52 1.02 0.71 6.81 0.567 0.266Aug 6.11 1.16 0.81 5.30 0.442 0.207Sep 5.17 1.08 0.75 4.42 0.368 0.173Oct 3.53 1.19 0.83 2.69 0.225 0.105Nov 1.88 0.87 0.61 1.27 0.106 0.050Dec 0.71 0.97 0.68 0.02 0.002 0.001

47.00 11.51 8.06 39.09 3.257 1.528(1.) Monthly distribution of gross annual evaporation rate in accordance with Colorado StateEngineer's office criteria for elevations below 6500 feet MSL.(2.) Monthly precipitation from Rifleweather station. (3.) 70% of Col. 2 (4.) Col.1 - Col. 3 (5.) Annual net evaporation for one surface acre.(6.) Reservoir Evaporation for 0.47 surface acres of existing ponds. Primary holding pond (a.k.a.RMNP Pond No. 1) = 95' x 158' = 0.345 acres surface area. Sedimentation pond (a.k.a. RMNP LagoonNo. 1) = 90' x 60' = 0.124 acres surface area.

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The total estimated winter consumptive use by the nursery, including winter evaporation and winter season irrigation is computed asfollows: TABLE 3Rocky Mountain Native Plants Company

Wintertime Consumptive Use, Ac-Ft

Winter Irrigation TotalRMNP Lagoon RMNP Pond Consumptive Use Consumptive

Month No. 1 Evaporation No. 1 Evaporation Requirements Use

Jan 0.000 0.000 0.730 0.730Feb 0.009 0.026 0.873 0.873Mar 0.022 0.062 1.706 1.790Apr --- --- --- ---May --- --- --- ---Jun --- --- --- ---Jul --- --- --- ---Aug --- --- --- ---Sep --- --- --- ---Oct --- --- --- ---Nov 0.013 0.037 2.210 2.260Dec 0.000 0.001 2.105 2.105

0.045 0.126 7.588 7.759The calculated dry-up credits (14.82 AF/year) adequately augment summer evaporation (total of 1.36 AF/year) from the RMNPLagoon No. 1 and RMNP Pond No. 1 (leaving a balance of 13.46 AF/year in excess consumptive use credits), and these credits will bestored or disposed of by Applicant. In addition, the contract with the Colorado River Water Conservation District will provide thebalance of the water required in winter months to avoid any injury to the appropriative system or owners or vested or decreedconditional water rights. The amount of augmentation water required to balance winter water use is 7.759 AF, which is the amountapplied for in the Water Supply Contract with CRWCD for Colorado River water, as described in paragraph 3.B. above. Remarks.Applicant will develop an accounting plan and implement such measuring devices as are reasonably necessary to operate the aboveplan for augmentation in cooperation with the Division Engineer. A copy of the contract for Colorado River water will be provided tothe State and Division Engineer upon final execution. WHEREFORE, the Applicant respectfully requests the Court award a decree:1.That approves the plan for augmentation described herein; 2. That finds that the operation of this Plan for Augmentation will notcause injury to the appropriative system or owners of vested or decreed conditional water rights. Dated this 28th day of February2002. (13 pages)

33. 02CW058 GARFIELD COUNTY - COLORADO RIVER, AMENDED APPLICATION FOR GROUNDWATER ANDAPPROVAL PLAN FOR AUGMENTATION. Roc Gabossi c/o Billie Burchfield, P.O. Box 475, Parachute, CO 81635, (970)285-7990. CLAIM 1 and 2 - Groundwater rights: Structures: Gabossi Well and Wagner Well. Legal description: Gabossi Well located inSE¼NW¼, Sec. 35, T. 5 So, R. 90 W. of the 6th p.m., at a pt. 2,200 ft from North section line and 2,380 ft from West section line.Wagner Well located in SE¼NW¼ of Sec.35, T. 5 So., R. 90 W. of 6th p.m., at a pt 2,000 ft from North section line and 1,770 ft fromWest section line. Source: Colorado River alluvium at depth of 100 ft. Date of initiation of approp. both wells: Feb. 28, 2002.Appropriation initiated for both wells by selection of well location and formation intent to appropriate. Date water applied to benefituse: N/A. Amount claimed: 0.056 c.f.s. (25 g.p.m.) for 1.4 AF annually for each well, conditional. Use: Commercial and irrig.Name/address of owner of land on which pt of diversion and place of use are located: Applicant. CLAIM 3 - Plan for augmentation.STRUCTURES AUGMENTED: Gabossi Well and Wagner Well. USES AUGMENTED: Commercial and Irrig. Applicant’s

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engineer has determined the water requirements for irrig.of a max.area of 10,000 sq. ft lawn, 10 offices, and washing 20vehicles/day, as shown in the following table: Water Requirements in Acre Feet Total Demand Consumptive Use

Month (1)DomesticOffice

(2)VehicleWashing

(3)LawnIrrigation

(4)

TOTAL

(5)DomesticOffice

(6)Commercialor Other

(7)LawnIrrigation

(8)

TOTAL

JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember

0.1430.1290.1430.1380.1430.1380.1430.1430.1380.1430.1380.143

0.0400.0400.0400.0400.0400.0400.0400.0400.0400.0400.0400.040

0.0000.0000.0000.0270.1140.1400.1340.0890.0750.0300.0000.000

0.1830.1690.1830.2050.2970.3180.3170.2720.2530.2130.1780.183

0.0140.0140.0140.0140.0140.0140.0140.0140.0140.0140.0140.014

0.0040.0040.0040.0040.0040.0040.0040.0040.0040.0040.0040.004

0.0000.0000.0000.0220.0920.1120.1080.0710.0600.0240.0000.000

0.0180.0170.0180.0400.1100.1300.1260.0890.0760.0420.0180.018

TOTALS 1.680 0.479 0.610 2.769 0.168 0.048 0.488 0.704

Assumptions

(1)NUMBER OF OFFICES 10; # persons/office - 10; # gallons/person/day 15

(2) Commercial/Other Demand (AF) 0.479vehicle washing @ 25 gal/vehicle; 20 vehicles/per dayvehicle CU % based on dry well disposal 10

(3) Sq. Ft. of Lawn Irrigation 10,000; Lawn Application Rate (af/ac) 2.675

(4) % CU for Domestic/Commercial 10

(5) % Lawn Irrig. Efficiency 80; Consumptive Use Irrig. (af/ac) 2.140 based on BlaneyCriddle analysis

(6) Elevation 6000

(7) Water requirements are calculated on 7 days per week to be conservative

(8) Total includes 5% transit loss

Max. annual depletions for all augmented uses include depletions lawn irrig. of 10,000 sq ft (0.488), domestic in 10 offices (0.168),and vehicle washing of (0.048), for a total of 0.704 AF/Yr, the total annual diversions are 2.769. SOURCE OF AUGMENTATIONWATERDepletions will be augmented by two West Divide Water Conservancy District contracts for 1.0 AF each, for a total of 2.0.Total amt of 2.0 AF is in excess of total annual depletions and will provide for 100% replacement of depletions. At such times asthere is a valid call on the Colorado River, releases of water will be made from Ruedi Reservoir, decreed for storage in Case No.CA4613 with an adjudication date of July 29, 1957. (8 pages)

34. 01CW30 – EAGLE COUNTY – Springs tributary to Lake Creek, tributary to the Eagle River, tributary to theColorado River. R.A. Nelson, c/o Lori Satterfield, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602,(970) 945-6546. Amended Application. Applicant seeks to amend the original application in this case only to request that the waterright for the RMN Spring No. 1 also be decreed absolute. As grounds therefor, Applicant would advise the Court that he has divertedthe Spring No. 1 and placed it to beneficial use for the decreed purposes. Therefore, Applicant also seeks an absolute decree for thisspring right. The water right is described as follows: Information from previous decree for subject conditional water right: Date ofOriginal Decree: 1/31/1995; Case No.: 94CW157; Dist. Ct., Water Div. No. 5. Location of point of diversion: in the SE Quarter, SEQuarter, Sec. 6, T. 5 S., R. 82 W., 6th P.M. at a point 750 ft. from the E. line and 350 ft. from the S. line of said Sec. 6. Appropriation

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Date: 9/11/1991. Amount and Uses: 0.044 cfs (20 gpm), for irrigation, livestock watering, piscatorial and aesthetic uses. Irrigationwill be on 1.0 acre located within part of the SE Quarter SE Quarter, Sec. 6, T. 5 S., R. 82 W., 6th P.M. (3 pages)

35. 01CW136 - GRAND COUNTY - SILVER CREEK, TRIBUTARY TO THE FRASER RIVER, TRIBUTARY TOTHE COLORADO RIVER - Ronald J. Cooper and Linda M. Dodge, P.O. Box 506, TABERNASH, CO 80478, (970) 887-2038.SECOND AMENDED APPLICATION TO MAKE ABSOLUTE. Structure: Quarter Circle R Dam. Location: NE1/4NE1/4, Section3, T1S, R76W of the 6th P.M. Appropriation: August 25, 1995. Original Decree: May 23, 1999, Case No. 98CW200, Water DivisionNo.5. Amount: 1.5 af. Use: Livestock and irrigation. The application contains a detailed outline of work performed during thediligence period. (3 pages)

36. 01CW225 RIO BLANCO COUNTY – TRIBUTARY TO EVANS GULCH AND THE WHITE RIVER. Diana K.Watson; P.O. Box 1056; Meeker, CO 81641 970-878-5898 and Vern A. Amick; 2524 E. Hoover Ave.; Orange, CA 92867 714-532-3038. V and D Spring – Amended Application for Water Rights(Surface). Location: 10 ft. North and 115 ft. East of SW corner ofNE1/4 of NE1/4 of Sec. 7, T. 1S., R. 93W., of 6th P.M. Appropriation: June 18, 2001. Amount: 0.5 cfs, absolute. Use: irrigation,livestock and domestic. (5 pages)

37. 01CW258 CITY OF GRAND JUNCTION, c/o John P. Shaver, Assistant City Attorney, 250 North 5th Street, GrandJunction, Colorado 81501; AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE: Ridges Pumping Station,formerly known at Bridges Switch Pumping Pipeline. The applicant believes that the Gardner Diversion No. 1 (last diligence filed as96CW118) and the Ridges Pumping Station as an alternate diversion established in 94CW261, paragraph 3b, should be the same caseand have the same diligence deadline. As evidenced by the Division Engineer’s consultation and amended consultation reports, thereis significant confusion regarding these structures. Both diversions are decreed in two cases, at the locations identified in thisapplication. In cases No. W-3137 and W-3655 the District Court for Water Division 5 decreed the alternate point of diversion for 10c.f.s. and 15 c.f.s. respectively as is described in the diligence application in this case, 01CW258. The point of diversion for theGardner Diversion No. 1 is located in the NE1/4 SW1/4 of Section 15, Township 1 S, Range 1 West, of Ute Meridian, at a pointwhence the SW corner of said Section 15 bears S53° 20' 03" W2468.72 feet. The point of diversion for the Ridges pumping Station islocation on the Southerly Bank of the Redlands Power canal in NW1/4 SW1/4 of Section 16, Township 1 S, Range 1 West, of UteMeridian, at a point whence NW corner of NW ¼ SE1/4 of said section 16 bears N 47° 12' 13" W 681.76 feet. The Source of Water:Colorado River. Appropriation Date: June 2, 1964. Amount: 15.0 c.f.s. of which 8.47 c.f.s. remains conditional, the other 6.53 c.f.s.having been made absolute by prior judgments and decrees. Mesa County (5 pages)

38. 01CW342 MESA COUNTY – SURFACE WATER TRIBUTARY TO HOSSLE CREEK, TRIBUTARY TOCOTTONWOOD CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO THE COLORADO RIVER. Wesley O.Bucher; P.O. Box 8; Molina, CO 81646 970-487-3701. Bucher Spring #2 through Bucher Spring #11- Amended Application forWater Rights(Surface); 1st Enlargement Bucher Reservoir and Bucher Reservoir #5- Amended Application for WaterRights(Storage). Bucher Spring #2- Location: SE1/4SE1/4, Sec. 19, T. 10S., R.95W., 6th P.M., 1000 ft. north of the south line ofSec. 19 and 800 ft. west of the east line of Sec. 19. Appropriation: December 15, 2001. Amount: 0.15 cfs, conditional. Use: irrigation,filling of Bucher Reservoir, 1st Enlargement of Bucher Reservoir, and Bucher Reservoir #5, livestock, aesthetic, domestic, recreationand fish habitat. Bucher Spring #3- Location: SE1/4SE1/4, Sec.19, T. 10S., R. 95W., 6th P.M., 650 ft. north of the south line of Sec. 19and 500 ft. west of the east line of Sec. 19. Appropriation: December 15, 2001. Amount: 0.15 cfs, conditional. Use: irrigation, fillingof Bucher Reservoir, 1st Enlargement of Bucher Reservoir, and Bucher Reservoir #5, livestock, aesthetic, domestic, recreation and fishhabitat. Bucher Spring #4- Location: SE1/4SE1/4, Sec. 19, T. 10S., R. 95W., 6th P.M., 600 ft. north of the south line of Sec. 19 and650 ft. west of east line of Sec. 19. Appropriation: December 15, 2001. Amount: 0.15 cfs, conditional. Use: irrigation, filling ofBucher Reservoir, 1st Enlargement of Bucher Reservoir, and Bucher Reservoir #5, livestock, aesthetic, domestic, recreation and fishhabitat. Bucher Spring #5-Location: SE1/4SE1/4, Sec. 19, T. 10S., R. 95W., 6th P.M., 500 ft. north of the south line of Sec. 19 and600 ft. west of east line of Sec. 19. Appropriation: December 15, 2001. Amount: 0.15 cfs, conditional. Use: irrigation, filling ofBucher Reservoir, 1st Enlargement of Bucher Reservoir, and Bucher Reservoir #5, livestock, aesthetic, domestic, recreation and fishhabitat. Bucher Spring #6 – Location: SE1/4SE1/4, Sec. 19, T. 10S., R. 95W., 6th P.M., 300 ft. north of the south line of Sec. 19 and350 ft. west of east line of Sec. 19. Appropriation: December 15, 2001. Amount: 0.15 cfs, conditional. Use: irrigation, filling ofBucher Reservoir, 1st Enlargement of Bucher Reservoir, and Bucher Reservoir #5, livestock, aesthetic, domestic, recreation and fishhabitat. Bucher Spring #7- Location: SE1/4SE1/4, Sec. 19, T. 10S., R. 95W., 6th P.M., 100 ft. north of the south line of Sec. 19 and450 ft. west of east line of Sec. 19. Appropriation: December 15, 2001. Amount: 0.15 cfs, conditional. Use: irrigation, filling ofBucher Reservoir, 1st Enlargement of Bucher Reservoir, and Bucher Reservoir #5, livestock, aesthetic, domestic, recreation and fishhabitat. Bucher Spring #8- Location: SE1/4SE1/4, Sec. 19, T. 10S., R. 95W., 6th P.M., 200 ft. north of the south line of Sec. 19 and150 ft. west of east line of Sec. 19. Appropriation: December 15, 2001. Amount: 0.15 cfs, conditional. Use: irrigation, filling ofBucher Reservoir, 1st Enlargement of Bucher Reservoir, and Bucher Reservoir #5, livestock, aesthetic, domestic, recreation and fishhabitat. Bucher Reservoir #9-Location: SE1/4SE1/4, Sec. 19, T. 10S., R. 95W., 6th P.M., 300 ft. north of the south line of Sec. 19 and

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300 ft. west of east line of Sec. 19. Appropriation: December 15, 2001. Amount: 0.15 cfs, conditional. Use: irrigation, filling ofBucher Reservoir, 1st Enlargement of Bucher Reservoir, and Bucher Reservoir #5, livestock, aesthetic, domestic, recreation and fishhabitat. Bucher Spring #10- Location: SE1/4SE1/4, Sec. 19, T. 10S., R. 95W., 6th P.M., 100 ft. north of the south line of Sec. 19 and50 ft. west of east line of Sec. 19. Appropriation: December 15, 2001. Amount: 0.15 cfs, conditional. Use: irrigation, filling of BucherReservoir, 1st Enlargement of Bucher Reservoir, and Bucher Reservoir #5, livestock, aesthetic, domestic, recreation and fish habitat.Bucher Spring #11- Location: SE1/4SE1/4, Sec. 19, T. 10S., R. 95W., 6th P.M., 0 ft. north of the south line fo Sec. 19 and 0 ft. west ofeast line of Sec. 19. Appropriation: December 15, 2001. Amount: 0.15 cfs, conditional. Use: irrigation, filling of Bucher Reservoir, 1st

Enlargement of Bucher Reservoir, and Bucher Reservoir #5, livestock, aesthetic, domestic, recreation and fish habitat. 1st EnlargementBucher Reservoir – Location: of the dam is in the SE1/4SE1/4, Sec. 19, T. 10S., R. 95W., 6th P.M., 200 ft. north of the south line foSec. 19 and 400 ft. west of east line of Sec. 19. Appropriation: November 15, 2001. Amount: 7.75 af., conditional, with right to filland refill from water flow in Hossle Creek. Use: irrigation, filling of Bucher Reservoir #5, hydro-electric power , aesthetic, domestic,and fish. Bucher Reservoir #5- Location: of the dam is in the SE1/4SE1/4, Sec. 19, T. 10S., R. 95W., 6th P.M., 700 ft. north of thesouth line of Sec. 19 and 450 ft. west of east line of Sec. 19. Appropriation: November 15, 2001. Amount: 8.0 af, conditional., withright to fill and refill from water flow in Hossle Creek. Use: irrigation, filling of Bucher Reservoir #5, hydro-electric powergeneration, aesthetic, domestic, and fish. (25 pages)

39. 01CW344 MESA COUNTY – SURFACE WATER TRIBUTARY TO HOSSLE CREEK, TRIBUTARY TOCOTTONWOOD CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO THE COLORADO RIVER. Leonard P.and Carol Ann Chaffin; P.O. Box 35; Molina, CO 81646 970-487-3423. Chaffin Spring #1, Chaffin Spring #2 and Chaffin WasteWater Filing – Irrigation #3– Amended Application for Water Rights(Surface); Chaffin Reservoir #3 – Amended Application forWater Rights(Storage). Chaffin Spring #1- Location: NE1/4NW1/4, Sec. 29, T. 10S., R. 95W., 6th P.M., 2575 ft. south of the northline of Sec. 29 and 1,400 ft. east of the west line of Sec. 29. Appropriation: May 15, 1973. Amount: 0.1 cfs, absolute. Use: domestic,lawn, garden, livestock. Chaffin Spring #2- Location: NW1/4SW1/4NW1/4, Sec. 29, T. 10S., R. 95W., 6th P.M., 1800 ft. south of thenorth line of Sec. 29 and 650 ft. east of the west line of Sec. 29. Appropriation: August 1, 1993. Amount: 0.10 cfs, conditional. Use:irrigation, filling of Chaffin Reservoir #1 and livestock. Chaffin Reservoir #3 – Location: of the dam is in the NW1/4SW1/4NW1/4,Sec. 29, T. 10S., R. 95W., 6th P.M., 1750 ft. north of the south line of Sec. 20 and 500 ft. east of the west line of Sec. 20.Appropriation: August 1, 1993. Amount: 4.0 af, absolute, with right to fill and refill when in priority, and/or, from existing waterrights owned by applicant. Use: irrigation, livestock. Chaffin Waste Water Filing – Irrigation #3-Location: SE1/4NW1/4, Sec. 29, T.10S., R.95W., 6th P.M., 2640 ft. south of the north line of Sec. 29 and 1,500 ft. east of the west line of Sec. 29. Appropriation:November 15, 2001. Amount: 1.0 cfs, conditional. Use: irrigation and livestock. (10 pages).

40. 01CW346 MESA COUNTY - IRRIGATION WATER TRIBUTARY TO HOSSLE CREEK, TRIBUTARY TOCOTTONWOOD CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO THE COLORADO RIVER. Wesley O.Bucher; P.O. Box 8; Molina, CO 81646-0008 970 -487-3701. Bucher Reservoir #6 – Amended Application for Water Rights(Storage).Location: of the dam is in the SE1/4SE1/4 of Sec. 19, T.10S., R.95W., 6th P.M., 1280 ft. north of the south line of Sec. 19 and 950 ft.west of the east line of Sec. 19. Appropriation: December 15, 2001. Amount: 8.0 af., conditional, with right to fill and refill withapplicant’s existing water rights. Use: irrigation, livestock, aesthetic and fish. (4 pages)

41. 01CW347 MESA COUNTY – DAVENPORT DITCH, TRIBUTARY TO HOSSLE CREEK, TRIBUTARY TOCOTTONWOOD CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO THE COLORADO RIVER. Wesley O.Bucher; P.O. Box 8; Molina, CO 81646-008 970-487-3701. Shotwell Ditch-Bucher Diversion AP#1 and Shotwell Ditch-BucherDiversion AP#2- Amended Application for Alternate Point of Diversion; Shotwell Ditch – Bucher Diversion #1- AmendedApplication for Water Rights(Surface). Shotwell Ditch-Bucher Diversion AP#1-Location: SE1/4NW1/4, Sec. 29, T.10S., R.95W.,6th P.M., 1340 ft. south of the north line of Sec. 29 and 2,000 ft. east of the west line of Sec. 29. Appropriation: February 7, 1890.Amount: 0.547 cfs, conditional. Use: irrigation. Source: irrigation waste-water flowing into Shotwell Ditch from lance locatedsouth of, or above, the Shotwell Ditch, tributary to Hossle Creek, tributary to Cottonwood Creek, tributary to Plateau Creek,tributary to the Colorado River. Name and address of Landowner on which structure is located: Paul Chaffin, P.O. Box 35, Molina,CO 81646. Shotwell Ditch-Bucher Diversion AP#2-Location: NW1/4NE1/4, Sec. 30, T.10S., R.95W.,6th P.M., 1300 ft. south of thenorth line of Sec. 30 and 1,850 ft. weest of the est line of Sec. 30. Appropriation: December 15, 2001. Amount: 1.25 cfs, conditional.Use: irrigation. Name and address of Landowner on which structure is located: Nora Milholland, Molina, CO 81646. Shotwell Ditch-Bucher Diversion #1- Location: SE1/4NW1/4, Sec. 29, T.10S., R. 95W., 6th P.M., 1340 ft. south of the north line of Sec. 29 and 2,000ft. east of the west line Sec. 29. Appropriation: December 15, 2001. Amount: 1.75 cfs, conditional. Use: irrigation. Source: irrigationwaste-water flowing into Shotwell Ditch from lance located south of, or above, the Shotwell Ditch, tributary to Hossle Creek,tributary to Cottonwood Creek, tributary to Plateau Creek, tributary to the Colorado River. Name and address of Landowneron which structure is located: Paul Chaffin, P.O. Box 35, Molina, CO 81646. (7 pages)

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42. 01CW348 MESA COUNTY – COTTONWOOD CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TOTHE COLORADO RIVER. Wesley O. Bucher; P.O. Box 8; Molina, CO 81646 970-487-3701. Bucher Ditch #4 and Bucher DitchAP#4- Amended Application for Water Rights(Surface); Bucher Reservoir #2, Bucher Reservoir #3 and Bucher Reservoir#4-Amended Application for Water Rights(Storage). Bucher Ditch #4-Location: NE1/4NW1/4, Sec. 29, T.10S., R.95W, 6th P.M., 640ft. south of the north line of Sec. 29 and 2,100 ft. east of the west line of Sec.29. Appropriation: December 15, 2001. Amount: 3.0 cfs,conditional. Use: irrigation, filling of Bucher Reservoir #2, Bucher Reservoir #3, Bucher #4, livestock, piscatorial, domestic and fish.Name and Address of Landowner of which structure is located: Mark B. Currier, 2530 Brenna Way, Grand Junction, CO 81505.Bucher Reservoir #2- Location: SW1/4SW1/4, Sec. 20, T. 10S., R.95W, 6th P.M., 640 ft. north of the south line of Sec. 20 and 750 ft.east of the west line of Sec. 20. Appropriation: December 15, 2001. Amount: 8.0 af., conditional, with right to fill and refill when inpriority, and/or, from existing water rights owned by applicant. Use: irrigation, livestock, aesthetic, domestic, and fish. BucherReservoir #3- Location:SW1/4SW1/4, Sec. 20, T.10S., R.95W., 6th P.M., 400 ft. north of the south line of Sec. 20 and 1,000 ft. east ofthe west line of Sec. 20. Appropriation: December 15, 2001. Amount: 8.0 af., conditional, with right to fill and refill when in priority,and/or, from existing water rights owned by applicant. Use: irrigation, livestock, aestetic, domestic and fish. Bucher Reservoir #4-Location: SW1/4SW1/4, Sec. 20, T.10S, R.95W, 6th P.M., 200 ft. north of the south line of Sec.20 and 1,250 ft. east of the west line ofSec.20.Appropriation: December 15, 2001. Amount: 8.0 af., conditional, with right to fill and refill when in priority, and/or, fromexisting water rights owned by applicant. Use: irrigation, livestock, aesthetic, domestic and fish. Bucher Ditch AP#4- NE1/4NW1/4,Sec. 29, T.10S, R.95W., 6th P.M., 640 ft. south of the north line of Sec.29 and 2,100 ft. east of the west line of Sec.29. Appropriation:December 15, 2001. Amount: 0.547 cfs, conditional. Use or Proposed Uses: irrigation, filling of Bucher Reservoir #2, BucherReservoir #3, and Bucher Reservoir #4, livestock, piscatorial, domestic and fish. Applicant currently owns a portion, (0.547 cfs. or 21miners inches) of water flowing in the Davenport Ditch, priority #65. With this filing, applicant wishes to be able to use said 0.547cfs., in either Bucher Ditch #4 or Davenport Ditch. Name and Address of Landowner on which structure is located: Mark B. Currier,2530 Brenna Way, Grand Junction, CO 81505. (12 pages)

43. 01CW360 – GARFIELD COUNTY - Tributaries to Toland Gulch, tributary to Dry Hollow Creek, tributary to theColorado River. Charles and Linda Aaberg, c/o Lori Satterfield, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs,CO 81602, (970) 945-6546. Amended Application. Applicants seek to amend the Application filed on December 31, 2001 for thesole purpose of correcting a typographical error in the legal description of the subject water rights. All of the water rights are locatedin Range 92 West of the 6th P.M., not Range 82 West. All of the water rights are located in Garfield County. In all other respects, theApplication filed on December 31, 2001 remains the same. (3 pages)

44. 01CW364 – GARFIELD, PITKIN, EAGLE, and SUMMIT COUNTIES - Snowmass Creek, a tributary to Roaring ForkRiver, a tributary of Colorado River. Stuart and Anna Edgerly, c/o Lori Satterfield Esq., Balcomb & Green, P.C., P.O. Drawer 790,Glenwood Springs, CO 81602, (970) 945-6546. Amended Application. Additional Claim for Change of Etienne Arbaney DitchApplicants hereby amend their Application to include an additional claim of relief to change the point of diversion and place of use ofan additional portion in the Etienne Arbaney Ditch. This claim is more fully described below. Except as amended herein, the originalApplication filed 12/31/2001 remains unchanged. Decreed Name of Structure For Which Change Is Sought: Etienne Arbaney Ditch.Information from original Decree: Date entered: 6/3/1904; C.A. 1104; Garfield Cty. Dist. Ct. Legal description: headgate is locatedat a point on the West bank of Snowmass Creek approximately one quarter mile above the confluence of Snowmass Creek with theRoaring Fork River, per the decree. Amt.: originally decreed for 3.24 cfs (decreed for 1.34 cfs absolute, and 1.9 cfs conditional forirrigation use in C.A. 1104; the 1.9 cfs conditional portion was made absolute in Case No. W-70). Appropriation date: 6/1/1891.Historic use: irrigation. Background and proposed change: Applicants have under contract to purchase 0.14 cfs of priority no.209AAA, which is currently owned by the Estate of John Powers and which historically irrigated approximately 2.2 acres. The Estateowns 0.33 cfs of priority no. 209AAA. Applicants have contracted to purchase all of the “excess” dry up credits to be quantified inpending Case No. 99CW319. (Holland Hills, the Co-Applicant in Case No. 99CW319, is the contract purchaser of the other 0.19 cfsowned by the Estate.). As described more fully in the original Application filed 12/31/2001 in this case, the Estate’s interest in theEtienne Arbaney Ditch has historically irrigated approximately 5.1 acres which were permanently removed from irrigation as a resultof the widening of Hwy 82. The consumptive-use credits associated with approximately 2.9 acres of the 5.1 acres (which 2.9 acres areassociated with 0.19 cfs of the Estate’s Etienne Arbaney Ditch water right) are included in the pending augmentation plan filing forHolland Hills in Case No. 99CW319. Of the remaining 2.2 acres of dry up, 1.6 acres is associated with the Edgerlys’ augmentationplan filing in this case, as described more fully in the original Application filed 12/31/2001. By this amendment, the Edgerlys wish tochange the water right associated with the remaining 0.6 acres of dry up for diversion within their property and to irrigate 0.6 acre ofadditional lands within their property. This 0.6 acre of irrigation is in addition to the 1.5 acres of historic irrigation within theEdgerlys’ property. Applicants therefore seek to change 0.039 cfs of the Etienne Arbaney Ditch priority no. 209AAA, which is theamount of the Estate’s interest in the ditch associated with 0.6 acre of historic irrigation, to divert at any one or combination of theEdgerly Spring, Edgerly Pump and Pipeline, and Edgerly Ditch points of diversion described in the original Application. However,the total irrigation diversions to serve Applicants’ property under the water rights described in the original Application and thisAmendment (for irrigation of approximately 2.1 acres) will not exceed 0.05 cfs. Applicants also seek to change the place of use of the

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Etienne Arbaney Ditch water right associated with the said 0.6 acre to irrigate up to 0.6 acre within their property situated in Tract No.80 of Sec. 34, T. 8 S., R. 86 W., 6th P.M., also being situated in Lots 1, 2, and 3 of Sec. 3, T. 9 S., R. 86 W. of the 6th P.M., and asmore particularly described in Exhibit A to the original Application, on file with the Ct. The said 0.6 acre is in addition to the 1.5acres of historic irrigation within the property. As stated, Applicants have a contract right to purchase the Etienne Arbaney Ditchwater rights associated with 2.2 acres of historic irrigation. Wherefore, Applicants request a decree which: grants the relief requestedin the original Application; approves and grants the change of water right in and to the Etienne Arbaney Ditch described in thisAmended Application; finds that implementation of the change of water right described in this Amended Application will not result inany injury to any owner of or persons entitled to use water under a vested water right or decreed conditional water right, and thus maybe approved by the Ct.; finds that the claim for the change of water right described in this Amended Application relates back to thefiling of the original Application; and grants such other relief as the Ct. deems just and proper. (5 pages)

45. 01CW378 GARFIELD COUNTY - PARACHUTE CREEK TRIBUTARY TO THE COLORADO RIVER. James F.& Janell A. Carnahan c/o JC Excavating, Inc.; 8818 Hwy. 6; Parachute, CO 81635 970-285-7567. St. John Pump and Carnahan Pump- Amended Application for 1) Point of Diversion Change and Usage 2) New Water Right for Fire and Industrial. St. John Pump-Location: on the east side of Parachute Creek, S. 64°, 21’W. 140 ft. from a point on the Westerly line of Brennan Lane whence theEast Quarter Corner of Sec. 12, 7S., R.96W. of the 6th P.M. bears N. 26 degrees 14’ E. 1, 604.13 ft. Proposed point of diversion: onthe west side of Parachute Creek, located in the SE1/4, SW1/4, SE1/4 of Sec. 12, T. 7S, R. 96 West of the 6th P.M. at a point 1,400 ft.West of the East Section line to 550 ft. North of the South Section line of said Sec. 12. Appropriation: June 1974 Amount: decreed0.05 cfs, absolute. Use: Case No. 80CW308 decreed 0.05 cfs, absolute. The original lands irrigated are no longer irrigatable becauseof development and are dried up. The new lands to be irrigated are comprised of approximately 5 acres down stream of original St.John diversion. Wherefore the applicant requests that the court approve the change of point of diversion and the change of irrigatedlands. Carnahan Pump- Location: on right bank of Parachute Creek at location named Carnahan Pump, description as follows:SE1/4SW1/4,SE1/4 of Sec. 12, T. 7S., R.96W. of the 6th P.M. at a point 1,400 ft. West of the East Sec. line to 550 ft. North of theSouth Sec. line of said Sec. 12. Appropriation: July 1, 1995. Amount: 0.08 cfs, absolute. Use: fire protection and industrial use. Useor proposed use: fire protection and industrial use. (4 pages)

46. 02CW02 MESA COUNTY – SURFACE WATER TRIBUTARY TO UNNAMED DRAW, TRIBUTARY TOCOTTONWOOD CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO THE COLORADO RIVER. Anthony D.& Lori C. Elkins; P.O. Box 788; Gulf Breeze, FL 32562-0788 850-932-7455; Elkins Spring #1 through Elkins Spring #9 – AmendedApplication for Water Rights(Surface) and Elkins Reservoir #1 and Elkins Reservoir #2-Amended Application for WaterRights(Storage). Elkins Spring #1-Location: SW1/4SE1/4, Sec. 24, T.10S., R.96W., 6th P.M., 500 ft. north of the south line of sec. 24and 2,400 ft. west of the east line of Sec. 24. Appropriation: December 15, 2001. Amount: 0.10 cfs., conditional. Use or proposeduses:irrigation, filling of Elkins Reservoir #3, livestock, aesthetic, domestic and recreation. Elkins Spring #2- Location: SW1/4SE1/4,Sec. 24, T.10S., R.96W., 6th P.M., 600 ft. north of the south line of sec. 24 and 2,250 ft. west of the east line of Sec. 24. Appropriation:December 15, 2001. Amount: 0.10 cfs., conditional. Use or proposed uses: irrigation, filling of Elkins Reservoir #3, livestock,aesthetic, domestic and recreation. Elkins Spring #3- Location: SW1/4SE1/4, Sec. 24, T.10S., R.96W., 6th P.M., 650 ft. north of thesouth line of sec. 24 and 2,250 ft. west of the east line of Sec. 24. Appropriation: December 15, 2001. Amount: 0.10 cfs., conditional.Use or proposed uses: irrigation, filling of Elkins Reservoir #3, livestock, aesthetic, domestic and recreation. Elkins Spring #4-Location: SW1/4SE1/4, Sec. 24, T.10S., R.96W., 6th P.M., 650 ft. north of the south line of sec. 24 and 2,250 ft. west of the east lineof Sec. 24. Appropriation: December 15, 2001. Amount: 0.10 cfs., conditional. Use or proposed uses: irrigation, filling of ElkinsReservoir #3, livestock, aesthetic, domestic and recreation. Elkins Spring #5- Location: SW1/4SE1/4, Sec. 24, T.10S., R.96W., 6th

P.M., 700 ft. north of the south line of sec. 24 and 2,200 ft. west of the east line of Sec. 24. Appropriation: December 15, 2001.Amount: 0.10 cfs., conditional. Use or proposed uses: irrigation, filling of Elkins Reservoir #3, livestock, aesthetic, domestic andrecreation. Elkins Spring #6- Location: SW1/4SE1/4, Sec. 24, T.10S., R.96W., 6th P.M., 950 ft. north of the south line of sec. 24 and2,300 ft. west of the east line of Sec. 24. Appropriation: December 15, 2001. Amount: 0.10 cfs., conditional. Use or proposed uses:irrigation, filling of Elkins Reservoir #3, livestock, aesthetic, domestic and recreation. Elkins Spring #7 - Location: NW1/4SE1/4, Sec.24, T.10S., R.96W., 6th P.M., 1550 ft. north of the south line of sec. 24 and 2,050 ft. west of the east line of Sec. 24. Appropriation:December 15, 2001. Amount: 0.10 cfs., conditional. Use or proposed uses:irrigation, filling of Elkins Reservoir #3, livestock,aesthetic, domestic and recreation. Elkins Spring #8- Location: NW1/4SE1/4, Sec. 24, T.10S., R.96W., 6th P.M., 1550 ft. north of thesouth line of sec. 24 and 2,000 ft. west of the east line of Sec. 24. Appropriation: December 15, 2001. Amount: 0.10 cfs., conditional.Use or proposed uses:irrigation, filling of Elkins Reservoir #3, livestock, aesthetic, domestic and recreation. Elkins Spring #9-Location: NW1/4NE1/4, Sec. 24, T.10S., R.96W., 6th P.M., 600 ft. north of the south line of sec. 24 and 2,000 ft. west of the east lineof Sec. 24. Appropriation: December 15, 2001. Amount: 0.10 cfs., conditional. Use or proposed uses:irrigation, filling of ElkinsReservoir #3, livestock, aesthetic, domestic and recreation. Elkins Reservoir #1- Location: the location of the dam is in theNE1/4NE1/4, Sec. 25, T.10S., R.96W., 6th P.M., 500 ft. south of the north line of sec. 25 and 1,900 ft. west of the east line of Sec. 25.Appropriation: January 1, 1936. Amount: 8.0 af., absolute, with right to fill and refill. Use or proposed uses: irrigation, livestock,aesthetic and fish. Elkins Reservoir #2- Location: the location of the dam is in the SE1/4NW1/4, Sec. 25, T.10S., R.95W., 6th P.M.,

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1900 ft. south of the north line of sec. 25 and 2,700 ft. west of the east line of Sec. 25. Appropriation: January 1, 1960. Amount: 8.0af., absolute, with right to fill and refill. Use or proposed uses: irrigation, livestock, aesthetic and fish. (26 pages)

47. 02CW007, Water Division No. 5 - Application for Finding of Reasonable Diligence. Rio Blanco County. Water RightsTributary to White River. Name, address, and telephone number of Applicant: Rio Blanco Water Conservancy District, c/o AnnBrady, District Manager, 2252 E. Main Street, Rangely, Colorado 81648, c/o Edward B. Olszewski, Esq., Edward B. Olszewski, P.C.,Post Office Box 460654, Denver, CO 80246-0654, (303) 333-4191. The following information was inadvertantly omitted from theoriginal resume notice: Name of Structure: Taylor Draw Power Conduit; Source: White River; Appropriation Date: 10/22/1982;Decreed Amount: 900 cfs; Decreed Uses: Hydo-power generation. (5 page)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2002 to file with the Water Clerk inquadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted orwhy it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon theapplicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, asprescribed by Rule 5, CRCP. (Filing Fee: $45.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104Glenwood Springs, CO 81601.


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DIVISION 5 WATER COURT- DECEMBER 2012 RESUME 1. … · division 5 water court- december 2012 resume 1. pursuant to c.r.s., §37-92-302, as amended, you are notified that the following

December 2003 resume - CO Courts...DECEMBER 2003 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the

DISTRICT COURT, WATER DIVISION 1, COLORADO ...MARCH 2016 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you

AUGUST 2007 07CW171 RODNEY J. AND SANDRA E. …AUGUST 2007 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you

DISTRICT COURT, WATER DIVISION 1, COLORADO APRIL 2017 ...€¦ · Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and

DISTRICT COURT, WATER DIVISION 6, COLORADO · Web viewDISTRICT COURT, WATER DIV. 6, COLORADO TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 6 Pursuant to C.R.S. 37-92-302,

DIVISION 5 WATER COURT-AUGUST 2008 RESUME · division 5 water court-august 2008 resume . 1. pursuant to c.r.s., §37-92-302, as amended, you are notified that the following pages

DIVISION 5 WATER COURT – DECEMBER 2009 RESUME 200… · division 5 water court – december 2009 resume . 1. pursuant to c.r.s., §37-92-302, as amended, you are notified that the

DISTRICT COURT, WATER DIVISION 1, COLORADO · JANUARY 2007 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302,