DISTRICT COURT, WATER DIVISION 6, COLORADO TO ALL PERSONS INTERESTED IN WATER APPLICATIONS

IN WATER DIVISION 6

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications for the State Engineer’s approval of interruptible water supply agreements under section 37-92-309(3)(a), C.R.S., and notice of applications for fallowing-leasing pilot projects under section 37-60-115(8)(e)(II).

This notice is an invitation to be included on the SWSP notification list. To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Substitute Water Supply Plan Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: Laura.kalafus@state.co.us. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us.

PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST

Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division.

To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Produced Nontributary Ground Water Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: Laura.kalafus@state.co.us.

Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: www.water.state.co.us.

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of DECEMBER, 2016.

16CW11 RIO BLANCO COUNTY. APPLICATION FOR CHANGE OF WATER RIGHT. Applicants: Guy and Sarah Pierce, 18069 CR 29, Oak Creek, CO 80467; sarah24larae@yahoo.com; 970-736-2671. Structure: Pierce Ditch Water Right. Date of original Decree and all relevant subsequent decrees: 8/25/10 Case No. 08CW37. Legal description: SW4 SW4, Sec24, T3N, R87W, 6PM, Rio Blanco County, CO, 103 ft from South and 1332 ft from West. Location of point of diversion: Northing 4453317 Easting 320030, Zone 13. Source: Whitney Creek, A.K.A Little Trout Creek, trib to Tout Creek, trib to, Yampa River. Appropriation date: 10/20/08. Total amount decreed to structure: Total of 1 cfs. Decreed use: .5 cfs for irrigation of up to 40acres and .5 cfs for stock water, wildlife watering, and for filling of Pierce Reservoir up to a column of 1 af. Amount intends to change: conditional 1cfs. Proposed change: Our Intention is to move Pierce Ditch water right to a new location. We will use the Last Chance Ditch of which is an existing structure; this would be more cost effective and less invasive to wetlands. The GPS coordinates for the new point of diversion are 320437 mE and 4453709mN. The new point of diversion on Whitney Creek is located on USFS, we have notified them of our plans with no Opposition, we have attached a copy of the public notice the USFS issued regarding our water right change, the public notice received no opposition. We will also provide the USFS a copy of our application. From the new point of diversion on Whitney Creek the Last Chance Ditch runs approximately 200 ft on the USFS, the remainder will be located on application property. The portion of Last Chance Ditch we will use is more than capable of handling the additional 1cfs. Location of the new surface point of diversion: UTM coordinates Northing 4453709mN Easting 320437mE, Zone 13. PLSS Legal Description SW4 SW4, Sect24, T3N, R87W, 6PM, Rio Blanco County. Landowner: United States Forest Service. Structure: Pierce Reservoir. Date of original Decree and all relevant subsequent decrees: 8/25/10 Case No. 08CW37. Legal Description: SW4 SW4, Sect24, T3N, R87W, 6PM, Rio Blanco County 813 ft from South and 2123 ft from West of section 24.GPS location of the dam Northing 4453530 Easting 320275, Zone 13. Source: Whitney Creek, A.K.A Little Trout Creek, trib to Tout Creek, trib to, Yampa River. Appropriation date: 10/20/08. Amount Decreed: Conditional 1af, to be filled at a rate of .5 cfs by Pierce Ditch. Decreed Uses: .5 cfs for stock water, wildlife watering, recreation, piscatorial, and for filling of Pierce Reservoir up to a volume of 1.0 acre feet. Amount of water that applicant intends to change: conditional 1.0 1af. Proposed change: We intend to change the location of Pierce Reservoir due to the negative impact the original location would have on native wetlands. This change coincided with our decision to change our point of diversion for Pierce Ditch. Pierce Reservoir is currently being filled and refilled by Pierce Ditch water right at a rate of .5 cfs. Our intention is to continue to fill Pierce Reservoir at a rate of .5 cfs. The GPS coordinates for the new dam location are 4453934mN and 320364mE. We intend to continue all uses for our 1.0 af water rights which include; stock watering, wildlife watering, recreation, piscatorial, and fire protection. Location of the new surface point of diversion: UTM coordinates Northing 4453933mN Easting 320364mN, Zone 13. PLSS Legal Description SW4 SW4, Sect24, T3N, R87W, 6PM, Rio Blanco County. Landowner: Applicant

APPLICATION FOR ABSOLUTE STORAGE RIGHT. Applicants: Guy and Sarah Pierce, 18069 CR 29, Oak Creek, CO 80467; sarah24larae@yahoo.com; 970-736-2671. Structure: Pierce Ditch. Type: Ditch. Date of original Decree and all relevant subsequent decrees: 8/25/10 Case No. 08CW37. Legal Description: SW4 SW4, Sec24, T3N, R87W, 6PM, Rio Blanco County, CO, 103 ft from South and 1332 ft from West. Location of point of diversion: Northing 4453317 Easting 320030, Zone 13. Source: Whitney Creek, A.K.A Little Trout Creek, trib to Tout Creek, trib to, Yampa River. Appropriation date: 10/20/08. Total amount decreed to structure: Total of 1 cfs. Decreed use: .5 cfs for irrigation of up to 40acres and .5 cfs for stock water, wildlife watering, and for filling of Pierce Reservoir up to a column of 1 af. Outline: In the process of planning the construction of Pierce Ditch, Guy and Sarah Pierce were in contact with both the core of the engineers and the USFS. As result of our meetings we came to the conclusion that the location we chose to construct Pierce Ditch would have negative impact on native wetlands. We then proceeded to use the existing ditch (Last Chance Ditch) that runs across our property to carry the Pierce Ditch water right of 1.0 cfs out of Whitney Creek. We constructed Pierce reservoir in an alternate location due to the same reason. Claim to make absolute whole or in part: Date water applied to beneficial use: 6/24/10; Amount: 1.0; Use: Water was diverted out of Whitney Creek and used for irrigation. We also diverted .5 cfs 10/20/10 to fill Pierce Reservoir. Include supporting evidence that applicant diverted water: See court file for diversion records. Description of place of use: See court file map. Location of the new surface point of diversion: UTM coordinates Northing 4453709mN Easting 320437mE, Zone 13. PLSS Legal Description SW4 SW4, Sect24, T3N, R87W, 6PM, Rio Blanco County. Landowner: United States Forest Service. Structure: Pierce Reservoir. Type: Reservoir. Date of original Decree and all relevant subsequent decrees: 8/25/10 Case No. 08CW37. Legal Description: SW4 SW4, Sect24, T3N, R87W, 6PM, Rio Blanco County 813 ft from South and 2123 ft from West of section 24.GPS location of the dam Northing 4453530 Easting 320275, Zone 13. Source: Whitney Creek, A.K.A Little Trout Creek, trib to Tout Creek, trib to, Yampa River. Appropriation date: 10/20/08. Amount Decreed: Conditional 1af. Uses: stock water, wildlife watering, recreation, piscatorial. Outline: the construction of Pierce Reservoir was complete on 10/18/10. Date water applied to beneficial use: 10/20/10; Amount: 1af; Use: Pierce reservoir was filled and used for stock water, wildlife watering, recreation, piscatorial. Include supporting evidence that applicant diverted water: See court file for diversion records. Description of place of use: See court file map. Location of the new surface point of diversion: UTM coordinates Northing 4453933mN Easting 320364mN, Zone 13. PLSS Legal Description SW4 SW4, Sect24, T3N, R87W, 6PM, Rio Blanco County. Landowner: Applicant APPLICATION FOR ABSOLUTE STORAGE RIGHT Applicants: Guy and Sarah Pierce, 18069 CR 29, Oak Creek, CO 80467; sarah24larae@yahoo.com; 970-736-2671. Structure: Pierce Reservoir. Legal Description: Easting320364mE Northing 4453933mN, zone 13.NE4 SW4, S24, T3N, R87W, 6th pm. Source: Whitney Creek, A.K.A Little Trout Creek, trib to Tout Creek, trib to, Yampa River. Filled from Pierce Ditch. Capacity to fill reservoir is .5 cfs. Appropriation: 10/18/10. How appropriated: Pond constructed and filled with water. Date applied to beneficial use: 10/20/10. Amount claimed: Absolute 1.5 acre ft enlargement. With the right to refill up to 2.5 af per month, Pierce reservoir will have a total of 2.5 af with this enlargement. Filled with ditch: It is filled by and will continue to be filled by Pierce Ditch at a rate of .5 cfs absolute. Proposed uses: Irrigation using a pump and sprinkler system, piscatorial, stock water, recreation, fire protection. Irrigation: number of acres proposed: 40; Applicant intends to use this water right to supplement irrigation on an area of land already irrigated under

another water right. Surface area of high water line: .593 acres. Vertical height of dam in ft: 8.5 ft. Length of dam: 350ft. Total capacity of reservoir in af: 2.5 af. Active capacity: 0; Dead storage: 2.5APPLICATION FOR NEW SURFACE RIGHT Applicants: Guy and Sarah Pierce, 18069 CR 29, Oak Creek, CO 80467; sarah24larae@yahoo.com; 970-736-2671. Structure: Kobie Ditch. Legal description of each point of diversion: UTM coordinates - Northing 4454074mN Easting 320236mE. PLSS - SW4 SW4, Sect24, T3N, R87W, 6PM, Rio Blanco County. Source: Unnamed trib to Whitney Creek trib to Trout Creek trib to Yampa River. Date of appropriation: 6/1/15. Appropriation initiated: Water diverted and used for irrigation. Date water applied to beneficial use: 6/1/15. Amount claimed: .3 cfs. All uses or proposed uses: Irrigation for up to 12 acres. To fill and refill Kolbie Pond. Number of acres proposed to be irrigated: 12. Applicant intends to use this water right to supplement irrigation on an area of land already irrigated under another water right. The land irrigated is a tract of land of approximately 12 acres owned by applicants in the east ½ west ½ of section 24, T3N, R87W of the 6th PM, Rio Blanco, Colorado. A Map showing such irrigable land in court file. Non irrigation purposes: Fill and refill Kolbie Pond. See court file for map. Landowner: Applicants. Structure: Kolbie Reservoir. Legal description of location of dam centerline: UTM coordinates Easting 320272mE Northing 4454047mN. PLSS Legal Description SW4 SW4, Sect24, T3N, R87W, 6PM, Rio Blanco County. Source: Unnamed trib to Whitney Creek trib to Trout Creek trib to Yampa River. Name and capacity of ditch used to fill reservoir: Kolbie Ditch .3 cfs. Legal description of each point of diversion: UTM coordinates Easting 320236mE Northing 4454074mN, Zone 13. PLSS - SW4 SW4, Sect24, T3N, R87W, 6PM, Rio Blanco County. Date of appropriation: 6/1/15. Appropriation initiated: Made plans to construct pond. Amount claimed: Conditional 1 acre ft. Rate of diversion: .3 cfs. All uses or proposed uses: Irrigation by pump and sprinkler system, piscatorial, wildlife watering, stock watering for 100 head. Acres proposed to be irrigated: 12. Applicant intends to use this water right to supplement irrigation on an area of land already irrigated under another water right. Legal description of irrigated acreage: See court file for map. Non-Irrigation uses: Stock water for up to 100 head. Surface area of high water line: Not constructed yet. Total capacity of reservoir: N/A. Landowner: Applicants

16CW29 MOFFAT COUNTY. Application for Conditional Water Rights (Surface). Applicants: Randy R Decker and Amy Tweedy; 33374 North Highway 13, Craig Colorado 81625; 970-326-7360 and 970-846-7789. Structure: Decker Pump. Type: Other Pump out of Fortification Creek. Legal description: NE4 SE4, Sect19, T7N, R90W, 6 PM1665 Ft from S and 1185 Ft from E. Beginning at a point on the south ROW fence of State Highway 13 which is N46degrees55’W, 449.2 feet from the East ¼ corner of said section 19; thence S16Degrees 50’E, 502.8 ft to a point; thence S60 Degrees 49’W, 279 ft to a point; thence S02 degrees 44’W,301.8 ft to a point; thence S74 degrees 49’W, 115.2 ft to appoint; thence S01 degrees 06’W, 694.8 ft to appoint on the South boundary of the NE1/4 SE1/4 of said section 19; thence N89degrees 57’W, along the South boundary 621.4 ft to a point on the East ROW fence of the Moffat County Stock Dr,; thence N02degrees 43’E, along said ROW fence 1270.9 ft to a point on the South ROW fence of state highway 13; thence N64degrees 54’30”E, 881.5 ft along said ROW fence to the point-of-beginning. Source: Fortification Creek Trib to the Yampa River. Northing 4491629 Easting 285875. Appropriation date: 6/1/67. Amount: Conditional 1cfs. Use: Irrigation, Livestock water and to fill pond for watering livestock. Historically irrigated 1acre; proposed to

be irrigated 20 acres. Appropriation initiated: Electric pump placed in Fortification Creek. Landowner: applicants.

16CW30 ROUTT COUNTY. Application for Conditional Water Rights (Surface). Applicants: Jason Rodriguez: 29875 CR 35A Oak Creek, Co 80467; 970-819-8841. Structure: Rodriguez Pond. Legal description: NW4 NE4, Sec 33, T5, R85, 6 PM. UTM: 335820E 4468720N. Structure: Pump. UTM: 335888E 4468664N. Zone 13.Legal Description: NW4 NE4 Sec33 T5N R85W 6thPM. Distance from section lines: 802 ft from N and 1676 ft from W. Source: Oak Creek of the Yampa River. Appropriation date: 9/21/16. How appropriated: Purchased Property. Amount: Conditional .36956 af. Filled from a ditch: Conditional from a pump 9.2 gpm Use: Proposed use is for irrigating high tunnels and raised beds for vegetable production. Historically irrigated: 0. Proposed to be irrigated 5. Applicant does not intend to use the water right to supplement on an area already irrigated under another water right. Surface are of high water line: 1590 sf. Total capacity of reservoir in af: .36956. Active capacity: .36956 because of pump. Landowner: applicants.

16CW31 ROUTT COUNTY. Application for Absolute Water Rights (Surface). Applicants: Wolf Run Ranch Corporation; PO Box 773358 Steamboat Springs, Co 80477; 970-879-2378. Structure 1: Wolf Run Spring. Legal description: SW4 SE4, Sec 14, T6N, R85W, 6 PM; Distance from lines 1050 ft from south, 1340 ft from E. UTM: 340180E 4481988N. Source: Spring ½ mile from Milk Creek trib to Yampa River. Date of Appropriation: 10/14/04. How appropriated: land swap with Colorado State Board of Land Commissioners. Date Water applied to beneficial use: 10/15/04 with several improvements since appropriation. Amount claimed: Absolute 3 gpm. Uses: Livestock and wildlife. Non-Irrigation: This is a spring that has been plumbed to feed into a pipe that fills three water troughs. Any overflow is absorbed by soil. Provides water for livestock and wildlife. Application for Water Storage Rights: Structure 2: Hippie Lake. UTM: 339453E 4482982N. Zone 13.Legal Description: NE4 NW4 Sec14 T6N R85W 6thPM. Distance from section lines: 997 ft from N and 1152 ft from W. Source: Milk Creek trib to Yampa River. Names of ditches used to fill reservoir: Milk creek, .5 cfs capacity. Date of Appropriation: 1/31/89. How appropriation was initiated: property sale from SABA to Cressey Book 640/1539. Date water applied to beneficial use: 2/1/89. Amount Claimed: 1.234 af absolute. Use: N/A. Non-Irrigation: water for livestock and wildlife. Surface area of high water line: 5400 sf on .12397 acres. Vertical height of dam 15ft; length: 60ft. Capacity of reservoir: 1.234 af; active capacity: 1.234 af; dead storage: .9872 af. Structure 3: Bear Claw Lake. Legal Description: SW4 NE4 Sec13 T6NR85W 6PM. Distance from section lines: 1106ft from S and 2438 ft from W. UTM: 341333E 4481988N. Source: Unnamed Trib to Yampa River. Date of Appropriation: 10/14/04. How appropriated: land swap with Colorado State Board of Land Commissioners. Date Applied to beneficial use: 10/15/04 with several improvements since appropriation. Amount claimed: 2.2314af absolute. Use: Non-irrigation; water for livestock and wildlife. Surface area of high water line: 8100sf or .18595 af. Vertical height of dam: 12ft; length: 90ft. Total Capacity: 2.2314 af. Active capacity: 2.2314af. Dead storage: 2.046af. Structure 4: East Lake. Legal Description: SE4 NE4 Sec13 T6N R85W 6PM. Distance from Section Lines: 2283 ft from N and 654 ft from E. UTM: 342002E 4482550N Zone 13. Source: Cottonwood ditch trib to Yampa River. Names of ditches used to fill reservoir: Cotton wood ditch .25cfs. Date of appropriate: 10/14/04. How appropriated: Land swap with Colorado State BOard of Land Commissioners. Date water applied to beneficial use: 10/15/04 with several

improvements since appropriation. Amount claimed: .2067 af absolute. Non-Irrigation use: water for livestock and wildlife. Surface are of high water line: 1800 sf. Vertical height of dam:6 ft; length: 30ft. Total capacity: .2067af. Active capacity: .2067af. Dead Storage: .1653af. Structure 5: Cressey Lake. Legal Description: SE4 SW4 Sec12 T6N R85S. Distance from Section Lines: 627 ft from S and 1761 ft from W. UTM: 341207E 4483447N, Zone 13. Source: Unnamed Trib to Yampa River. Name of Ditch used to fill reservoir: Spring Runoff. Date of Appropriation: 3/30/95. How appropriated: Acquired property from Baldwin Family- Book 76 Pape620. Date applied to beneficial use: 5/1/95. Amount claimed: 13.884 af. Absolute. Non-Irrigation use: water for livestock, wildlife and recreation (swimming, boating). Surface area of high water line: 50,400. Vertical height of dam: 15ft; length: 150ft. Total capacity: 13.884 af. Active capacity: 13.884 af. Dead storage: 11.57af. Landowner: applicants.

16CW32 ROUTT COUNTY. Application for Finding of Reasonable Diligence. Applicants: Frank H. Sullivan & Jennie M. Goggins, 30683 Blue Mountain Rd., Golden, CO 80403 fhsullivan@hotmail.com, Jennie.goggins@live.com, 303-642-0260. Structure: Greenridge Ditch. Date of Original Decree: 1/4/04 02CW81. Subsequent Decrees: 12/29/10 10CW18. Legal Description: The alternate point of diversion (POD#2) for the Greenridge Ditch is located in the NW/4 SW/4 of Section 16, T3N, R84W, 6th P.M. at a point which is 725 ft from the West Section Line and 2,650 ft from the South Section Line. Source: Unnamed trib to Little Morrison Creek, trib to Yampa River. Appropriation Date: 5/31/02 .5 c.f.s conditional. Use: Irrigation, livestock, and fire protection. 2 acres irrigated. Outline toward completion or for completion of the appropriation: A) Developed trail from road (Cheyenne Trail) to access the Greenridge Ditch through areas of heavy downfall (associated w mtn pine beetle kill) to be able to get tools/equipment/materials to construction site of alternate point of diversion. Have continuously maintained, cleared trail located in area of dense mtn pine beetle kill and w high winds creating large amounts of downfall and trail blockage. B) Kept ditch clear of debris and downfall the past six years to keep ditch and channel and not erode banks and create meandering channels. C) Performed site selection: Have monitored ditch during the past years during periods of high flow (Spring runoff) through low flow (late Fall) to determine optimum location of alternate point of diversion. D) Investigated hardware selection – Have researched diversion feature, including head gates, measuring device (Parshall Flume recommended), stilling basin pump from, and return channel layout based upon consultation with Brian Len of NWCC (North West Colorado Consultants). E) Established Grazing Lease arrangement with local sheep rancher (High Country Lamb) so water can be put to beneficial use, i.e. irrigation of land for grass growth for sheep grazing (Grazing Leases provided upon request). Landowners: Applicants.

2015CW3061 ROUTT COUNTY, springs tributary to unnamed tributary, tributary to Watering Trough Gulch, tributary to Dry Creek, tributary to Yampa River, and springs and structures in Hayden Gulch and in unnamed tributaries to Hayden Gulch, tributary to East Fork Williams Fork, tributary to Williams Fork, tributary to Yampa River, and spring and structures in Dowden Gulch, tributary to East Fork Williams Fork, tributary to Williams Fork, tributary to Yampa River, ROUTT COUNTY, COLORADO. APPLICATION (THIRD AMENDED) FOR SURFACE AND STORAGE RIGHTS (CONDITIONAL AND ABSOLUTE). Introduction: Lazy B Investment, LLC submits this Application (Third Amended) for Surface and Storage Rights (Conditional and Absolute) to address concerns raised in the Report of the Division Engineer and to request additional 2016 priority water rights. 1. Name, mailing address, email

address, telephone number of applicant: Lazy B Investment, LLC, a Colorado limited liability company, 13701 West Jewell Ave, Suite 200-11, Lakewood CO 80228. Direct all pleadings and court-related documents to Claire E. Sollars, Esq., P.O. Box 774567, Steamboat Springs, CO 80477-4567, ClaireS@cantafiolaw.com, 970.879.4567. 2. Names of Structures: A. Surface Structures: LBI Spring 1, LBI Spring 2, LBI Spring 3, LBI Spring 4, LBI Spring 5, LBI Spring 6, LBI Spring 7. B. Storage Structures: LBI Pond 1, LBI Pond 2, LBI Pond 3, LBI Pond 4, LBI Pond 5. 3. Legal Descriptions (PLSS and Zone 13 UTM Coordinates (not averaged)): All structures are located in Township 5 North, Range 88 West, of the 6th Prime Meridian, in Routt County, Colorado and are depicted on the filed map (see Ex. 1, Locations of Springs and Ponds). The following UTM coordinates (Zone 13, NAD83) and PLSS legal descriptions were determined with the use of a hand-held Garmin (GPS) device, or using information presented in the Field Inspection Report dated May 2, 2016, or through use of “AquaMap” and “Map Viewer” databases, maintained by the Colorado Division of Water Resources. A. Points of Diversions of Surface Structures: LBI Spring 1 – NW4 SE4 of Sec. 30 at a point 2271 ft. from South section line and 2262 ft. from East section line, UTM coordinates 304420 mE and 4470352 mN; LBI Spring 2 – NW4 SW4 of Sec. 29 at a point 1590 ft. from South section line and 1189ft. from West section line, UTM coordinates 305467 mE and 4470122 mN; LBI Spring 3 – NE4 NW4 of Sec. 31 at a point 778 ft. from North section line and 2966 ft. from East section line, UTM coordinates 304184 mE and 4469427 mN; LBI Spring 4 – NW4 NE4 of Sec. 31 at a point 795 ft. from North section line and 2500 ft. from East section line, UTM coordinates 304326 mE and 4469419 mN; LBI Spring 5 – NW4 SW4 of Sec. 32 at a point 2250 ft. from South section line and 47 ft. from West section line, UTM coordinates 305074 mE and 4468262 mN; LBI Spring 6 (2016 Priority Date) – SW4 SW4 of Sec. 29 at a point 696 ft. from South section line and 993 ft. from West section line, UTM coordinates 305401 mE and 4469851 mN; LBI Spring 7 (2016 Priority Date) – NE4 SW4 of Sec. 30 at a point 1440 ft. from South section line and 2817 ft. from West section line, UTM coordinates 304150 mE and 4470104 mN; LBI Spring 8 (2016 Priority Date) – NW4 SE4 of Sec. 30 at a point 2022 ft. from South section line and 2585 ft. from East section line, UTM coordinates 304320 mE and 4470278 mN. B. Dam Centerlines of Storage Structures: LBI Pond 1 (2016 Priority Date) – NW4 SE4 of Sec. 30 at a point 1730 ft. from South section line and 2559 ft. from East section line, UTM coordinates 304326 mE and 4470189 mN; LBI Pond 2 – NW4 SW4 of Sec. 32 at a point 2469 ft. from South section line and 399 ft. from West section line, UTM coordinates 305183 mE and 4468327 mN; LBI Pond 3 – NE4 SE4 of Sec. 31 at a point 1560 ft. from South section line and 674 ft. from East section line, UTM coordinates 304849 mE and 4468055 mN; LBI Pond 4 (2016 Priority Date) – SW4 SW4 of Sec. 30 at a point 154 from South section line and 1678 from West section line, UTM coordinates 303785 mE and 4469719 mN; LBI Pond 5 (2016 Priority Date) – NW4 NW4 of Sec. 31 at a point 1182 ft. from North section line and 865 ft. from West section line, UTM coordinates 303519 mE and 4469317 mN. 4. Source of Water: A. Surface Structures: LBI Spring 1, LBI Spring 3, LBI Spring 4, LBI Spring 7, LBI Spring 8 – springs in Hayden Gulch and in unnamed tributary to Hayden Gulch, tributary to East Fork Williams River, tributary to Williams Fork, tributary to Yampa River; LBI Spring 2, LBI Spring 6 – springs tributary to unnamed tributary, tributary to Watering Trough Gulch, tributary to Dry Creek, tributary to Yampa River. LBI Spring 5 – spring tributary to Dowden Gulch, tributary to East Fork Williams River, tributary to Williams Fork, tributary to Yampa River. B. Storage Structures: LBI Pond 1, LBI Pond 4, LBI Pond 5 – in Hayden Gulch and in unnamed tributary to Hayden Gulch, tributary to East Fork Williams River, tributary to Williams Fork, tributary to

Yampa River; LBI Pond 2, LBI Pond 3 – in Dowden Gulch, tributary to East Fork Williams Fork, tributary to Williams Fork, tributary to Yampa River. 5. If Reservoirs are filled from a Ditch, Name, Capacity and Legal Description of Point of Diversion: N/A. 6. Appropriation and Beneficial Use: A. Dates and Methodologies of Appropriation: All structures: May 29, 2015 by purchase and physical inspection of property. B. Date Water Applied to Beneficial Use: i. Surface Structures: LBI Spring 4 and LBI Spring 6: May 29, 2015 by using existing excavation pit or livestock tank for wildlife watering. ii. Storage Structures: LBI Pond 2: May 29, 2015 by using existing pond for wildlife watering. 7. Amounts Claimed and Proposed Uses: A. Surface Structures: LBI Spring 1 – 0.022 cfs conditional for wildlife watering, livestock, and irrigation not to exceed 5 acres (located in NW4 SE4 and SW4 NE4 of Section 30), and 2016 Priority Date for freshening flow to LBI Pond 1; LBI Spring 2 – 0.011 cfs conditional for wildlife watering, livestock; LBI Spring 3 (0.011 cfs 2015 Priority Date and 0.011 cfs 2016 Priority Date) – 0.022 cfs (total) conditional for wildlife watering, livestock, irrigation not to exceed 20 acres (located in SE4 SW4 and SW4 SE4 of Section 30, and NE4 NW4 and NW4 NE4 of Section 31); LBI Spring 4 – 0.011 cfs 2015 Priority Date and 0.039 cfs 2016 Priority Date (0.05 cfs total) absolute for wildlife watering, livestock and conditional for irrigation not to exceed 20 acres (located in SE4 SW4 and SW4 SE4 of Section 30, and NE4 NW4 and NW4 NE4 of Section 31); LBI Spring 5 – 0.033 cfs conditional for wildlife watering, livestock, irrigation not to exceed 10 acres (located in NE4 SE4 of Section 31, and NW4 SW4 of Section 32), provide freshening flows to LBI Pond 3; LBI Spring 6 (2016 Priority Date) – 0.022 cfs absolute for wildlife watering, livestock; LBI Spring 7 (2016 Priority Date) – 0.05 cfs conditional for wildlife watering, livestock, irrigation not to exceed 13 acres (located in NW4 NW4 of Section 31, and portions of SW4 of Section 30), freshening flows to LBI Pond 4 and LBI Pond 5; LBI Spring 8 (2016 Priority Date) – 0.05 cfs conditional for wildlife watering, livestock, irrigation not to exceed 13 acres (located in NW4 NW4 of Section 31, and portions of SW4 of Section 30), freshening flows to LBI Pond 4 and LBI Pond 5. B. Storage Structures: LBI Pond 1 (2016 Priority Date) – 0.7 AF conditional for wildlife watering, livestock. irrigation not to exceed 5 acres (located in NW4 SE4 and SW4 NE4 of Section 30); LBI Pond 2 – .75 AF (with the right to refill once) absolute for wildlife watering, livestock, recreation, aesthetic, piscatorial, irrigation not to exceed 10 acres (located in NE4 SE4 of Section 31, and NW4 SW4 of Section 32) and 4.65 AF conditional; LBI Pond 3 – 3.0 AF (with the right to refill once) conditional for wildlife watering, livestock, recreation, aesthetic; LBI Pond 4 (2016 Priority Date) – 5.0 AF conditional for wildlife watering, livestock, recreation, aesthetic, piscatorial, irrigation not to exceed 13 acres (located in NW4 NW4 of Section 31, and portions of SW4 of Section 30); LBI Pond 5 (2016 Priority Date) – 12.5 AF conditional for wildlife watering, livestock, recreation, aesthetic, piscatorial, irrigation not to exceed 13 acres (located in NW4 NW4 of Section 31, and portions of SW4 of Section 30). C. If Irrigation Use: i. Acreage Historically Irrigated : none. Acreage Proposed to be Irrigated: approximately 63 acres within the 1,200 acre parcel owned by LBI; LBI will use gravity or pumps to move water from the springs and ponds to the areas of irrigation. ii. Legal Description of Acreage: The above-described areas of proposed irrigation are all located in Township 8 North, Range 88 West of the 6th Prime Meridian and are depicted on the filed map (see Ex. 2, Areas of Proposed Irrigation and Approximate Property Boundary). D. If Non-Irrigation, Full Description of Uses: LBI will use all structures for wildlife watering and livestock, and some for irrigation as described herein. LBI Spring 5 will also be used to provide freshening flows to LBI Pond 3. LBI Spring 7 and LBI Spring 8 will also be used to provide freshening flows to LBI Pond 4 and LBI Pond 5.

LBI Pond 2, LBI Pond 4, and LBI Pond 5 will also be used for recreation, aesthetic, and piscatorial purposes, and LBI Pond 3 will be used for recreation and aesthetics. 8. Surface Area of High Water Line, Vertical Height of Dam from Lowest Ground Level to Crest of Emergency Spillway, Length of Dam, and Total Capacity of Reservoirs (active and dead storage): LBI Pond 1: Surface Area – 0.13 acre; Dam Height – 10 ft.; Dam Length – 60 ft.; Total Capacity - 0.65 AF (all dead storage); LBI Pond 2: Surface Area – 0.8 acre; Dam Height – 6 ft. (total depth 10 ft. due to excavation); Dam Length – 275 ft.; Total Capacity - 6.4 AF (all dead storage); LBI Pond 3: Surface Area – 0.7 acre; Dam Height – 10 ft.; Dam Length – 275 ft.; Total Capacity - 3.0 AF (all dead storage); LBI Pond 4: Surface Area – 1.0 acre; Dam Height – 10 ft.; Dam Length – 110 ft.; Total Capacity - 5.0 AF (all dead storage); LBI Pond 5: Surface Area – 2.5 acre; Dam Height – 10 ft.; Dam Length – 175 ft.; Total Capacity - 12.5 AF (all dead storage). 9. Name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: LBI owns the land where the springs and ponds are located and upon which the water rights will be used. 10. Remarks or Other Pertinent Information: For purposes of establishing future findings of reasonable diligence for the conditional rights of LBI Spring 1 and LBI Pond 1, LBI Spring 5 and LBI Pond 3, and LBI Springs 7 and 8 and LBI Ponds 4 and 5, LBI claims the structures are integrated. See C.R.S. §37-92-301(4)(b)).

16CW3044 ROUTT COUNTY. Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Philip E. Lopez, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6312. E-mail: philip.lopez@coag.gov. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN ROUTT COUNTY, COLORADO. 2. Name of water rights: Willow Creek (Upper) Instream Flow Water Right, and Willow Creek (Lower) Instream Flow Water Right. 3. Legal Description: Both Willow Creek Instream Flow (“ISF”) water rights are located in the natural stream channel of Willow Creek. Each segment is described individually below. A. Willow Creek (Upper) ISF Water Right is located in the natural stream channel of Willow Creek from the outlet of Steamboat Lake to the confluence with Beaver Creek, a distance of approximately 4.94 miles. A map depicting the approximate location of the Willow Creek (Upper) ISF Water Right reach is attached as Exhibit 1. 1. Upstream Terminus: Outlet of Steamboat Lake at: a. UTM: Northing: 4517363.92; Easting: 335797.39 (NAD 1983 Zone 13 North) b. Lat/Long: latitude 40° 47' 27.12"N and longitude 106° 56' 46.46"W 2. Downstream Terminus: Confluence with Beaver Creek at: a. UTM: Northing: 4514833.43; Easting: 338266.19 (NAD 1983 Zone 13 North) b. Lat/Long: latitude 40° 46' 6.86"N and longitude 106° 54' 58.81"W B. Willow Creek (Lower) ISF Water Right is located in the natural stream channel of Willow Creek from the confluence with Beaver Creek to the confluence with Lester Creek, a distance of approximately 1.47 miles. A map depicting the approximate location of the Willow Creek (Lower) ISF Water Right reach is attached as Exhibit 2. 1. Upstream Terminus: Confluence with Beaver Creek at: a. UTM: Northing: 4514833.43; Easting: 338266.19 (NAD 1983 Zone 13 North b. Lat/Long: latitude 40° 46' 6.86"N and longitude 106° 54' 58.81"W 2. Downstream Terminus: Confluence with Lester Creek at: a. UTM: Northing: 4514098.44; Easting: 339789.19 (NAD 1983 Zone 13 North) b.

Lat/Long: latitude 40° 45' 44.11"N and longitude 106° 53' 53.21"W C. The Universal Transverse Mercator (UTM) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: The source of both water rights is Willow Creek, tributary to the Elk River, tributary to the Yampa River, tributary to the Green River. 5. A. Date of initiation of appropriation: January 26, 2016. B. How appropriation was initiated: Appropriation and beneficial use of both Willow Creek (Upper) and Willow Creek (Lower) ISF Water Rights occurred on January 26, 2016, by the action of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2016). C. Date applied to beneficial use: January 26, 2016 for bothISF water rights. 6. Amount of water claimed: a. Willow Creek (Upper) ISF: Instream flow of 7 cfs (4/16-6/30); b. Willow Creek (Lower) ISF: Instream flow of 13 cfs (4/16 - 6/30), and 3 cfs (7/1 - 7/31), absolute. 7. Proposed Uses: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2016), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37-92-102(3), C.R.S. (2016). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See Colo. River Water Conservation Dist. V. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2016). As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. The CWCB has existing instream flow water rights on Willow Creek from the outlet of Steamboat Lake Reservoir to the confluence with Beaver Creek, in the amount of 5.0 cfs (1/1 – 12/31), decreed in Case No. W-1270-77 with an appropriation date of 9/23/1977; and from the confluence with Beaver Creek to the confluence with the Elk River, in the amount of 7 cfs (1/1-12/31), decreed in Case No. W-1273-77 with an appropriation date of 9/23/1977. The flow rates sought herein are in addition to the amount of the existing instream flow water rights. 9. Remarks: These appropriations by the CWCB, on behalf of the people of the State of Colorado, are made pursuant to sections 37-92-102(3) & (4) and 37-92-103(3), (4) & (10), C.R.S. (2016). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on September 21, 2016 , the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2016), that the natural environment of Willow Creek will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water rights herein, if granted; and that such environment can exist without material injury to water rights.

16CW3046 ROUTT COUNTY. APPLICATION TO MAKE ABSOLUTE AND FOR DILIGENCE. Applicant: Applicant, Murphy-Larsen Ranch Owners Association (“Applicant”), by and through its undersigned counsel, submits this application for water rights as follows: Name, address and telephone number of Applicant: Murphy-Larsen Ranch Owners Association, P.O. Box 822, Clark, CO 80428. Please direct all pleadings to Applicant’s counsel, Robert G. Weiss, Weiss and Van Scoyk, LLP, at the address identified above. A. DESCRIPTION OF WATER SYSTEM FOR MURPHY-LARSEN RANCH AND CLAIM TO MAKE

ABSOLUTE OR FOR DILIGENCE. The water rights for the water system for the Murphy-Larsen Ranch were conditionally decreed in Case No. 09CW02 on December 19, 2010. This application is for the purpose of making those water rights absolute. To the extent that any part of the water rights described herein are not made absolute in the amounts or for the uses decreed, Applicants requests a finding of reasonable diligence for such water rights and that such water rights as conditionally decreed by continued. The existing Water Treatment and Pumping Facility for the Murphy-Larsen Ranch provides a private domestic water supply to serve 11 residential subdivision lots and one amenity lot and consists of two (2) supply wells – West Well No. 1 and West Well No. 2; a water treatment and pumping facility with two-stage bag filtration and calcium hypochlorite disinfection and twenty (20) 2,000-gallon underground storage tanks; 4” PVC water supply pipes from the individual wells to the treatment facility; and a 6” PVC water distribution line from the water treatment facility to the individual lots. The estimated total design population to be served by the facility is 42 residents and 18 caretakers, for a total of 60 year-round residents. West Well No. 2 is the primary source of water supply and is connected to the water treatment and pumping facility with 1,750 lineal feet (LF) of 4” PVC pipe. West Well No. 2 was completed in December 2006. Per the Well Test and Construction Report dated February 25, 2007, the well was tested at a pumping rate of 38.3 gpm for 17 hours. West Well No. 1 is the secondary source of water supply and is connected to the water treatment and pumping facility with 2,670 LF of 4” PVC pipe. West Well No. 2 was completed in December 2006. Per the Well Test and Construction Report dated February 25, 2007, the well was tested at a pumping rate of 10.3 gpm for 17 hours. The MLR Pipeline and Pond were completed in the fall of 2006 and the pond filled through the pipeline no later than June 1, 2007. The total cost of construction for the water system including MLR Pipeline and Pond was in excess of $500,000. The water stored in the MLR Pond and diverted through to the pond by the MLR Pipeline is utilized for recreation, piscatorial, wildlife, domestic and augmentation and exchange uses. To the extent the Court finds that water was not used for any of such uses, Applicant requests that the right be made absolute for such uses by reason of completion of the appropriation and pursuant to C.R.S. Section 37-92-301(4)(e). A map showing the location of the structures that are the subject of this Application is attached as Exhibit A to the application which has been filed for the month of December, 2016 with the Water Court within and for the Water Division No. 6, State of Colorado. B. WEST WELL NO. 1. 1. Name of Structure: West Well No. 1. 2. Name of well and permit, registration or denial number. (If permit applied for, but not acted upon, give date of permit application): Well Permit Number 66500-F. 3. Legal description: Located in the SE1/4SW1/4, Section 18, T9N, R85W of the 6th P.M. at a point 333 feet from the South Section Line and 2,432 feet from the West Section Line. 4. Source: Ground water tributary to unnamed tributary to Cottonwood Gulch, tributary to the Elk River, tributary to the Yampa River. Depth: 30 Feet. 5. Appropriation Information: a. Date of Appropriation: November 2, 2005. b. How Appropriation was initiated: By formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including drilling well and placement of pump in well. c. Date Water placed to beneficial Use: February 25, 2007. 6. Amount Decreed: 10.3 gallons per minute, Absolute. The remaining conditional portion of the water right decreed for West Well No. 1 in the amount of 4.7 gallons per minute is abandoned. 7. Decreed Use: Domestic use, lawn and landscape irrigation and stockwatering. 8. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is

or will be stored, including any modification to the existing pool: The well is located on the property owned by Entelco Corporation, and the Applicant owns an easement for the well and related facilities. The water is used within the Murphy-Larsen Ranch. C. WEST WELL NO. 2. 1. Name of Structure: West Well No. 2. 2. Name of well and permit, registration or denial number. (If permit applied for, but not acted upon, give date of permit application: Well Permit Number 66499-F. 3. Legal description: Located in the NW1/4SW1/4, Section 17, T9N, R85W of the 6th P.M. at a point 1,624 feet from the South Section Line and 85 feet from the West Section Line. 4. Source: Ground water tributary to unnamed tributary to Cottonwood Gulch, tributary to the Elk River, tributary to the Yampa River. Depth: 33 Feet. 5. Appropriation Information: a. Date of Appropriation: February 2, 2006. b. How Appropriation was initiated: By formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including drilling well and placement of pump in well. c. Date Water placed to beneficial Use: February 25, 2007. 6. Amount Decreed: 38.3 gallons per minute, Absolute. The remaining conditional portion of the water right decreed for West Well No. 2 in the amount of 11.7 gallons per minute is abandoned. 7. Decreed Use: Domestic use, lawn and landscape irrigation and stockwatering. 8. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: The well is located on the property owned by Entelco Corporation, and the Applicant owns an easement for the well and related facilities. The water is used within the Murphy-Larsen Ranch. MLR PIPELINE. 1. Name of Structure: MLR Pipeline. 2. Legal description: Located in the NW1/4 SW1/4, Section 17, T9N, R85W of the 6th P.M. at a point 1,875 feet from the South Section Line and 250 feet from the West Section Line. 3. Source: Cottonwood Gulch, tributary to the Elk River, tributary to the Yampa River. 4. Appropriation Information: a. Date of Appropriation: February 5, 2008. b. How Appropriation was initiated: By construction of the pipeline. c. Date Water placed to beneficial Use: No later than June 1, 2007. 5. Amount Decreed: 0.5 cfs, Absolute. 6. Decreed Use: Recreation, piscatorial, wildlife, domestic, augmentation and exchange. 7. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: The pipeline is located entirely within property owned by Entelco Corporation, and the Applicant owns an easement for the pipeline and related facilities. The water is used within the Murphy-Larsen Ranch. E. MLR POND. 1. Name of Reservoir: MLR Pond. 2. Legal Description of Location of Dam: Located in the SW1/4 SW1/4, Section 17, T9N, R85W of the 6th P.M. at a point 1,290 feet from the South Section Line and 300 feet from the West Section Line. 3. Source: MLR Pipeline, which is diverted from Cottonwood Gulch, tributary to the Elk River, tributary to the Yampa River. 4. Appropriation Information: a. Date of Appropriation: April 18, 2007. b. How Appropriation was initiated: By survey of pond perimeter, removal of vegetation from its surface, and initiation of construction. c. Date Water placed to beneficial Use: No later than June 1, 2007. 5. Amount Claimed: 5.5 acre feet, Absolute. 0.5 cfs from MLR Pipeline, Absolute. 6. Proposed Use: Recreation, piscatorial, wildlife, domestic, augmentation and exchange. 7. Surface Area of High Water Line: Approximately 0.96 acres. Maximum Height of Dam in Feet: Approximately 7 Feet. Length of Dam in Feet: Approximately 465 Feet. 8. Total Capacity of Reservoir in Acre Feet: 5.5. Active Capacity:

5.0. Dead Storage: 0.5. 9. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: The reservoir is located entirely on the property owned by Entelco Corporation, and the Applicant owns an easement for the reservoir and related facilities. The water is used within the Murphy-Larsen Ranch. 10. Identify Where the Dam is Located Within the High Water Line: W1/2SW1/4, Section 17, T9N, R85W, 6th P.M. WHEREFORE, Applicant requests a Decree which: A. Finds that all notice and jurisdictional requirements have been met, including, without limitation, as required under C.R.S. §37-92-302; B. Confirms and decrees the water rights absolute in the amounts and for the uses decreed for West Well No. 1, West Well No. 2, MLR Pipeline and MLR Pond as above described or to continue such water rights conditional to the extent not made absolute; C. Confirms that the water rights claimed herein are part of integrated water supply systems to serve the Subdivision, and that diligence with respect to one component of the integrated water supply systems constitutes diligence with respect to the entirety of the systems; D. Corrects the decree issued in Case No. 09CW02 to correct the misspelling of Murphy-Larsen Ranch Owners Association; and E. Grants to Applicant such other relief as to the Court deems just and proper.

16CW3047 MOFFAT COUNTY. Application for Absolute Surface Water Right. 1. Name, address, telephone number of applicant: United States Department of the Interior Bureau of Land Management, Little Snake Field Office, 455 Emerson St., Craig, CO 81625. 2.Name of structures: Findell Spring 3. Legal description of point of diversion: All UTM data are from Zone 13 and use the NAD 83 (CONUS) Datum. Located on public lands in the NW/4 NW/4, Section 7, T6N R97W, Sixth P.M., approximately 625 feet from the north section line and 1,180 feet from the west section line. 217136mE 4487612mN, Zone 13N, NAD 1983. 4. Source: Unnamed tributary to Yampa River 5. A. Dates of appropriation: 12/31/2016 B. How appropriation was initiated: BLM purchased the Findell Ranch from a private party. Subsequently, BLM personnel inventoried the quantity and quality of water available at the spring for and wildlife use. BLM provided notice of the appropriation by filing this application with the water court. C. Date water applied to beneficial use: 12/31/2016 6. Amount claimed: 0.0011 cfs, absolute 7. Use(s): The spring provides water, forage, and cover for wildlife, including elk, deer, bear, coyotes, mountain lions, small mammals, birds, and amphibians 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Little Snake Field Office, 455 Emerson St., Craig, CO 81625.

116CW3048 ROUTT COUNTY. Application To Make Absolute in Whole or In Part AND for Sexennial Finding of Reasonable Diligence. Applicant: Morrison Creek Metropolitan Water and Sanitation District, 24490 Uncompahgre Road, Oak Creek, CO 80467. Direct Pleadings to: Thomas R. Sharp, Esq., P.O. Box 774608, Steamboat Springs, CO 80477. Name of Structure: STAGECOACH WELL NO. 5. A description of each conditional water right as to each structure, from the prior referee’s rulings and Judgments and Decrees is as follows: a) Date of original amended decree: October 24, 1977, District Court, Case No. W-968-76. Previous findings of due diligence are found at Case Nos. 08CW66, 07CW119, 01CW77, 95CW38, 89CW32, 85CW75, and 81CW85, all in the Water Court for Water Division No. 6. Original SEO Permit #015697-F. b) Date of Change Decree: In Case No. 07CW119, Water Division 6,

dated April 17, 2011, 80 gpm from Stagecoach Well No. 5 was decreed for diversion at the location of Stagecoach Well No. 2, conditional, as an alternate point of diversion, and 60 gpm from Stagecoach Well No. 5 was decreed for diversion at the location of Stagecoach Well No. 2R, conditional, as an alternate point of diversion, and 100 gpm from Stagecoach Well No. 5 was decreed for diversion at the location of Stagecoach Well No. 10, conditional, as an alternate point of diversion, and the conditional decree for diversions from Stagecoach Well No. 5 at the original plus all alternate points of diversion collectively was reduced from 1,000 gpm to 100 gpm. c) Location of Original Decreed Point of Diversion of Stagecoach Well No. 5: NE1/4 of the NW 1/4 of Section 6, Township 3 North, Range 84 West of the 6th P.M., at a point 150 feet from the north section line and 1980 feet from the west section line. The actual measured location of Stagecoach Well No. 5 is UTM-X = 341994.076, UTM-Y = 4459263.446. d) Location of Alternate Decreed Point of Diversion at Stagecoach Well No. 2: SE1/4 of the SW1/4 of Section 5, Township 3 North, Range 84 West of the 6th P.M., at a distance of 1011 feet from the south section line and 2624 feet from the west section line. The actual measured location of Stagecoach Well No. 2 is UTM-X = 343982.356, UTM-Y = 4457850.514. The location of Stagecoach Well No. 2 was corrected by decree in Case No. 05CW043, Water Division No. 6. e) Location of Alternate Decreed Point of Diversion at Stagecoach Well No. 2R: SE1/4 of the SW1/4 of Section 5, Township 3 North, Range 84 West of the 6th P.M. at a distance of 1150 feet from the south section line and 2530 feet from the west section line. The actual measured location of Stagecoach Well No. 2R is UTM-X = 343987.2502, UTM-Y = 4457867.804. f) Location of Alternate Decreed Point of Diversion at Stagecoach Well No. 10: In the NW1/4 of the NW1/4 of Section 7, Township 3 North, Range 84 West of the 6th P.M., at a point 500 feet South of the North Section line and 480 feet East of the West section line. The actual measured location of Stagecoach Well No. 10 is UTM-X = 341608.355, UTM-Y = 4457280.143. g) Map: Attached as Exhibit “A” to the Application is a map showing the above described locations of Stagecoach Wells Nos. 2, 2R, 5, and 10. h) Source: Yampa River. (i) Appropriation Date: June 20, 1971. j) Amount: Original Decreed amount was 2.23 cfs or 1,000 gpm. In Case No. 07CW119, Water Division 6, dated April 17, 2011, the conditional decree for diversions from Stagecoach Well No. 5 at the original plus all alternate points of diversion collectively (being the locations of Stagecoach Wells Nos. 5, 2, 2R, and 10) was reduced from 1,000 gpm to 100 gpm in Paragraph 43 of such decree. k) Use: Municipal, Domestic, Commercial and Irrigation. l) Depth: The depth of the wells at the above locations are as follows: Stagecoach Well No. 5 = 1,040 feet; Stagecoach Well No. 2 = 755 feet; Stagecoach Well No. 2R = 900 feet; and Stagecoach Well No. 10 = 900 feet. Subsequent to entry of the Decree in Case No. 07CW119, Applicant has completed the appropriation and diversion and application of water to a beneficial use as conditionally decreed for Stagecoach Well No. 5, entirely at two of the decreed alternate locations of diversion (at Stagecoach Well Nos. 2R and 10), and in part at one of the decreed alternate locations of diversion (at Stagecoach Well No. 2). Therefore, the Applicant seeks entry of a Court decree making absolute 100 gpm at the location of Stagecoach Well No. 10, 60 gpm at the location of Stagecoach Well No. 2R, and 24.3 gpm at the location of Stagecoach Well No. 2, together with a finding of reasonable diligence for the conditional right to divert (i) 100 gpm at the original location of Stagecoach Well No. 5 and (ii) 35.7 gpm at the location of Stagecoach Well No. 2.

Claim to make absolute 1 in whole or in part : A. For diversion of water in priority at location of Stagecoach Well No. 2 (per Change Case Decree in Case No. 2007CW119): (i)

Dates water applied to beneficial use: On multiple dates during each year commencing with July 15, 2011, at an average diversion rate of 24 gpm and occasional maximum rate exceeding 24 gpm, such maximum diversion rate of 24.3 gpm (being in addition to diversion of the prior absolute decreed rate of 40 gpm) occurring on December 13, 2016. (ii) Amount: Maximum sustained diversion rate was 24.3 gpm. (iii) Use: Municipal, Domestic, Commercial, and Irrigation. B. For diversion of water in priority at location of Stagecoach Well No. 2R (per Change Case Decree in Case No. 2007CW119): (i) Dates water applied to beneficial use: On multiple dates during each year commencing with July 15, 2011, at an average diversion rate of 25 gpm and occasional maximum rate exceeding 60 gpm, such maximum sustained diversion rate of 63.9 gpm (being in addition to diversion of the prior absolute decreed rate of 40 gpm) occurring on December 9, 2016. (ii) Amount: Maximum sustained diversion rate exceeded 60 gpm. (iii) Use: Municipal, Domestic, Commercial, and Irrigation. C. For diversion of water in priority at location of Stagecoach Well No. 10 (per Change Case Decree in Case No. 2007CW119): (i) Dates water applied to beneficial use: On multiple dates during each year commencing with July 15, 2011, at an average diversion rate of 65 gpm and occasional maximum rate exceeding 100 gpm, such maximum sustained diversion rate of 101.5 gpm occurring on March 19, 2015, and such maximum sustained diversion rate of 133 gpm occurring on December 9, 2016. (ii) Amount: Maximum sustained diversion rate exceeded 100 gpm. (iii) Use: Municipal, Domestic, Commercial, and Irrigation. D. Water was pumped and diverted by Applicant under the conditional decree for Stagecoach Well No. 5 at the 3 alternate locations of Stagecoach Wells Nos. 2, 2R, and 10, into the central potable water supply facilities and system of the District within the northern system inside its boundary, and was used by constituents and customers of Applicant’s municipal water supply system for municipal, domestic, commercial, and irrigation purposes. Attached to the application are District diversion records supporting the claims that Applicant diverted water in priority and applied such water to the beneficial uses claimed in the amounts claimed. E. Description of place of use where water was applied to beneficial use: Water pumped and diverted by Applicant under the conditional decree for Stagecoach Well No. 5 at the 3 alternate locations of Stagecoach Wells Nos. 2, 2R, and 10, after delivery through the central potable water supply facilities and system of the District within the northern system inside its boundary, was used by constituents and customers of the District for domestic in-house use and lawn and garden single-family and multi-family residential irrigation, for in-building commercial use and lawn irrigation for commercial structures, and for irrigation account customers of the District, and for general municipal uses, throughout the northern area within the boundary of the District. Attached to this Application as Exhibit “A” is a map showing the locations of the subject wells and also showing the locations of the subdivisions within the northern portion of the District where lawn and garden and irrigation account irrigation uses occurred. When the District connects its water delivery infrastructure system in the northern area of the District with its water delivery infrastructure system in the southern area of the District, as provided for in the approved Water Master Plan of the District, the water pumped from such Stagecoach Wells Nos. 2, 2R, and 10 will be used for domestic in-house use and lawn and garden single-family and multi-family residential irrigation, for in-building commercial use and lawn irrigation for commercial structures, for irrigation account customers of the District, and for general municipal uses, throughout the entire boundary of the District.

The following is a detailed outline of what has been done toward completion or for

completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The water right for Stagecoach Well No. 5 includes the right to divert up to 100 gpm at the original decreed location for Stagecoach Well No. 5. The Well at that original location has not been completed and connected into the central potable water facilities and system of the Applicant, and therefore the Applicant requests in this Application that the Court find reasonable diligence for the eventual diversion and beneficial use of 100 gpm, conditional, of the Stagecoach Well No. 5 at its original decreed location. The water right for Stagecoach Well No. 5 also includes the right to divert up to 80 gpm at the location of Stagecoach Well No. 2, in addition to the prior absolute decree for 40 gpm, for a total of 100 gpm at such Well No. 2. The Applicant has diverted up to 24.3 gpm of water into the central potable water facilities and system of the Applicant at that location (in addition to the 40 gpm previously decreed absolute at such Stagecoach Well No. 2, for a total of 64.3 gpm being diverted under both decrees at such Well No. 2 location), and requests such 24.3 gpm be made absolute as set forth above. Therefore, the Applicant requests that the court find reasonable diligence for the eventual diversion and beneficial use of the remainder of 55.7 additional gpm, conditional, of the Stagecoach Well No. 5 decree at the location of Stagecoach Well No. 2.

As an integrated water supply system, diligence on any one feature of this system as well as all features of the system can be shown by work done on any one feature of the system. C.R.S. §37-92-301(4)(b); See also, Vail Valley Consolidated Water District v. City of Aurora, 731 P.2d 665 (Colo. 1987). During this diligence period: The District obtained and finalized the change decree relating to Stagecoach Well No. 5 in Case No. 07CW119; The District and UYWCD negotiated a contract extension of its water supply contract for 60 AF out of Yamcolo Reservoir, signed and effective as of July 15, 2011; The District obtained a decree from this Water court finding due diligence of the District with respect to Stagecoach Wells Nos. 3, 4, 6, and 7, on February 14, 2016, in Case No. 2015CW3023; The Manager of the Applicant has been in sporadic negotiations with the owner of the lands southerly of the Stagecoach Reservoir for a possible acquisition by the Applicant of a water treatment plant site and easements at or near the location of Water Treatment Plant No. 1 water right; The District has entered into several consulting contracts with HRS Water Consultants, Inc., of Lakewood, Colorado (“HRS”), to perform a number of water engineering services for the Applicant, expending more than $30,000; Based upon the Water Master Plan prepared by HRS, the District prepared and filed with the Water Court in Case No. 2009CW72 a Master Water Augmentation Plan for the entire Morrison Creek District for the future build-out of the District area. Such case remains pending before the Water Court. Stagecoach Well No. 5, at its original decreed point of diversion and at the 3 alternate points of diversion decreed in Case No. 07CW119, are intended to be utilized for potable supply of raw water to the municipal supply of the District; The Applicant also filed a new water case 2014CW3047 seeking adjudication of a well field water right for the additional 30 future potential wells and approval of additional augmentation supplies and plans to include additional augmentation of Stagecoach Well No. 5 at its original decreed point of diversion as well as at the 3 alternate points of diversion at the locations of Stagecoach Wells Nos. 2, 2R, and 10. The new case remains pending. The District has expended more than $100,000 on the legal and engineering work on Case Nos. 2009CW72 and 2014CW3047.Such above diligence work done on other water rights and features in the integrated water supply system, and the diligent work of the Applicant on the augmentation Cases Nos. 2009CW72 and 2014CW3047, are sufficient, standing alone, to meet the burden of Applicant to show diligence for the ultimate

development and diversion of Stagecoach Well No. 5 at its original decreed location and for the remaining 55.7 gpm at the alternate location of Stagecoach Well No. 2. The Applicant also seeks continued confirmation of the Water Court that Stagecoach Well No. 5 is part of an integrated water supply system of the District as previously described in District water cases.

PRAYER FOR RELIEF: Applicant requests that: A. The Court find and decree that 100 gpm of the Stagecoach Well No. 5 water right has been made absolute for diversion for beneficial uses of municipal, domestic, commercial and irrigation at the location of the Stagecoach Well No. 10; B. The Court find and decree that 60 gpm of the Stagecoach Well No. 5 water right has been made absolute for diversion for beneficial uses of municipal, domestic, commercial and irrigation at the location of the Stagecoach Well No. 2R; C. The Court find and decree that 24.3 gpm of the Stagecoach Well No. 5 water right has been made absolute for diversion for beneficial uses of municipal, domestic, commercial and irrigation at the location of the Stagecoach Well No. 2; D. For a finding of reasonable diligence for Stagecoach Well No. 5 for diversion of 100 gpm for beneficial uses of municipal, domestic, commercial, and irrigation at its original decreed location; E. For a finding of reasonable diligence for Stagecoach Well No. 5 for diversion of an additional 55.7 gpm for beneficial uses of municipal, domestic, commercial, and irrigation at the location of Stagecoach Well No. 2, and for any amounts which the Court determines not to make absolute under Paragraphs A, B, and C above; F. That the Application be deemed to be the application by Applicant for a finding of due diligence pursuant to both the next to last paragraph of Case No. 08CW66 and pursuant to Paragraph 44 of Case No. 07CW119; and G. That the Court order and confirm that Stagecoach Well No. 5, at both its original decreed location and at the alternate points of diversion at the locations of Stagecoach Wells Nos. 2, 2R, and 10, are part of an integrated water supply system of the District as described in the Application, reference to which should be made for greater certainty.

16CW3049 MOFFAT COUNTY. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO § 37-92-305(3.6), C.R.S. 1.Name, address, telephone number of applicant: United States of America, Department of the Interior, Bureau of Land Management, Little Snake Field Office, 455 Emerson St., Craig, CO 81625-1129. 2. Decreed water rights for which correction is sought: A. Name of structure: Morgan Ditch, Morgan Ditch Enlargement B. Date of original and all relevant subsequent decrees: Morgan Ditch - Civil Action 2259, District Court of Fourteenth Judicial District, County of Moffat, State of Colorado, decreed May 30, 1972. Morgan Ditch Enlargement - Case Number 94 CW 17, District Court, Water Division No. 6, State of Colorado, decreed March 5, 1996. C. Legal description of structure as described in most recent decree: Morgan Ditch and Morgan Ditch Enlargement – The point of diversion is located on the south bank of the Yampa River at a pump site from which the northwest corner of Section 7, T. 6 N, R. 97 West 6th P.M. bears North 52° 17’ West a distance of 2791 feet. D. Decreed source of water: Yampa River E. Appropriation Date: Morgan Ditch – 04/14/1937 Morgan Ditch Enlargement – 05/30/1972 F. Total Amount Decreed To Structure: Morgan Ditch – 7.0 cfs, absolute; Morgan Ditch Enlargement – 7.0 cfs, conditional G. Decreed use or uses: Irrigation 3. Detailed description of proposed correction: A. Complete statement of correction: A field survey and GIS analysis using aerial imagery has determined that the actual diversion location is approximately 900 feet northwest from the decreed location. Based upon review of the historical information available to the BLM, which

includes the location of the historic ditch system, the location of the historic road system used to access the point of diversion, and examination of aerial photos, the BLM believes that the pump location has not been moved. B. Legal description of correct point of diversion: Located on public lands in the NE/4 NW/4, Section 7, T6N R97W, Sixth P.M., approximately 851 feet from the north section line and 1,920 from the west section line. 217352mE 4487529mN, Zone 13N, NAD 1983. 4. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, 455 Emerson St., Craig, CO 81625-1129.

16CW3050 ROUTT COUNTY. (2009CW71, 2012CW5) Redemption Ranch LLC (“Applicant”), c/o Eli Feldman, President, 929 Pearl Street, Suite 300, Boulder, CO 80302, 303-225-7905. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS PARTIALLY ABSOLUTE IN ROUTT COUNTY. 2. Names of structures: Fawn Creek Headgate Nos. 1 and 2, Redemption Ditch Headgate No. 1, Redemption Ditch Headgate No. 1 – Alternate Point of Diversion, Redemption Pond Nos. 1, 2 and 3. See map attached as Exhibit A to the application. 3. Description of the conditional water rights (as to each structure): A. Original decree: Case No. 2009CW71, District Court, Water Division 6, December 23, 2010. B. B. Subsequent decree: A change decree adding an alternate point of diversion for the Redemption Ditch Headgate No. 1 was entered in Case No. 2012CW5 on September 30, 2012. C. Legal descriptions: Fawn Creek Headgate No. 1 Point of Diversion: On the west bank of Fawn Creek in the southwest quarter of the northwest quarter of Section 32, Township 7 North, Range 84 West, of the 6th P.M., Routt County, Colorado, at a point approximately 2,127 feet from the north section line and 785 feet from the west section line. Fawn Creek Headgate No. 2 Point of Diversion: In the northeast quarter of the northwest quarter of Section 5, Township 6 North, Range 84 West, of the 6th P.M., at a point approximately 165 feet from the north section line and 2,568 feet from the west section line. Redemption Ditch Headgate No. 1 Point of Diversion: On the west bank of Soda Creek in the southwest quarter of the southeast quarter of Section 32, Township 7 North, Range 84 West, of the 6th P.M., Routt County, Colorado, at a point approximately 828 feet from the south section line and 1,931 feet from the east section line. Redemption Ditch Headgate No. 1 – Alternate Point of Diversion: 20 feet north of the bridge abutment on the east bank of Soda Creek in the northwest quarter of the northeast quarter of Section 5, Township 6 North, Range 84 West, of the 6th P.M., Routt County, Colorado, at a point approximately 687 feet from the north section line and 2,400 feet from the east section line. Redemption Pond No. 1: 1. Location: The centerline of the embankment of the pond is located in the northwest quarter of the northeast quarter of Section 5, Township 6 North, Range 84 West, of the 6th P.M., Routt County, Colorado, at a point approximately 751 feet from the north section line and 2,539 feet from the east section line. 2. Structures used to fill reservoir: (a) Fawn Creek Headgate Nos. 1 and 2, as described above. (b) Redemption Ditch running from Redemption Ditch Headgate No.1, as described above. Redemption Pond No. 2: 1. Location: The centerline of the embankment of the pond is located in the northwest quarter of the northeast quarter of Section 5, Township 6 North, Range 84 West, of the 6th P.M., Routt County, Colorado, at a point approximately 1,064 feet from the north section line and 2,538 feet from the east section line. 2. Structures used to fill reservoir: (a) Fawn Creek Headgate Nos. 1 and 2, as described above. (b) Redemption Ditch running from Redemption Ditch Headgate No.1, as described above. Redemption Pond No. 3: 1. Location: The centerline of the embankment of the pond is located in the northeast quarter of the northwest quarter of Section 5, Township 6 North,

Range 84 West, of the 6th P.M., Routt County, Colorado, at a point approximately 916 feet from the north section line and 2,802 feet from the east section line. 2. Structures used to fill reservoir: (a) Fawn Creek Headgate Nos. 1 and 2, as described above. (b) Redemption Ditch running from Redemption Ditch Headgate No.1, as described above. D. Source of water: Fawn Creek Headgates Nos. 1 and 2: Fawn Creek tributary to Soda Creek, tributary to the Yampa River. Redemption Headgate No. 1 and Redemption Headgate No.1 – Alternate Point of Diversion: Soda Creek, tributary to the Yampa River. Redemption Pond Nos. 1, 2 and 3: Fawn Creek, tributary to Soda Creek, tributary to the Yampa River, and Soda Creek, tributary to the Yampa River. E. Appropriation date: November 4, 2009. F. Amounts: Fawn Creek Headgate No. 1: 0.5 cfs, conditional. Fawn Creek Headgate No. 2: 1.0 cfs, conditional. Redemption Headgate No. 1: 2.0 cfs, conditional. Redemption Headgate No.1 – Alternate Point of Diversion: 2.0 cfs, conditional. Redemption Pond No. 1: 5.0 acre-feet, conditional, with a right to fill and refill in priority. Redemption Pond No. 2: 7.5 acre-feet, conditional, with a right to fill and refill in priority. Redemption Pond No. 3: 33.5 acre-feet, conditional, with a right to fill and refill in priority. G. Uses: Fawn Creek Headgates Nos. 1 and 2: Recreation, piscatorial, irrigation, livestock watering, wildlife watering, aesthetics, ordinary household and domestic uses to supply up to 3 family dwellings, fire-fighting, watering of poultry and domestic animals. Such uses will occur directly or by storage in Redemption Pond Nos. 1, 2 and 3. The water may be used to fill and refill Redemption Ponds 1, 2 and 3 and as a freshening flow in these ponds. Redemption Headgate No. 1 and Redemption Headgate No. 1 – Alternate Point of Diversion: Recreation, piscatorial, irrigation, livestock watering, wildlife watering, aesthetics, fill and refill of Redemption Ponds 1, 2 and 3 and freshening flow in and through the ponds. Redemption Pond Nos. 1, 2, and 3: Recreation, piscatorial, irrigation, livestock watering, wildlife watering, aesthetics. 4. Outline work done toward completion of appropriation and application of water to beneficial use during the previous diligence period: A. Completion of Redemption Ranch Pond No. 3 – In April of 2012, Applicant contracted with Nordic Excavating, Inc. to construct and complete Redemption Pond No. 3. The pond was completed and filled in June of 2012, at a total cost of over $130,000. A report titled “Redemption Pond No. 3 Capacity Report” was completed in September 2015 and is filed as Exhibit B to the application. B. Fishery – In July of 2013, Applicant contracted with Lindsay Burns Fisheries, Inc. to start a fishery in Redemption Pond No. 3, which involved stocking 233 fish and installation of aeration equipment, at a total cost of over $3,700. C. Headgate installation and repair – From 2011-2013, Applicant completed substantial work on the headgates at the points of diversion described in Section 3.C. above. Among other things, Applicant has constructed and installed new steel headgates at Fawn Creek Headgate No. 1 and No. 2, installed a measuring flume at Fawn Creek Headgate No. 2, installed a ditch from Fawn Creek Headgate No. 2 to Redemption Pond No. 3, installed two pumps, electrical power lines, water lines and sump diversion structure for Redemption Ditch Headgate No. 1 -- Alternate Point of Diversion. Engineering costs for the above structures were in excess of $15,000, and labor and materials costs were in excess of $30,000. D. Irrigation use – In 2012, Applicant installed over $60,000 in irrigation equipment, including water lines, electrical lines and meters, pumps, sump pit, drip lines and sprayers. Also in 2012, Applicant planted trees, shrubs and other plants along both sides of the driveway into Redemption Ranch, at a total cost of over $25,000. Applicant has applied water to irrigate that landscaping since it was installed. Applicant has irrigated Fawn Creek Meadow with water diverted at Fawn Creek Headgate No. 1. Applicant has irrigated grass and landscaping along Redemption Ditch with water diverted at Redemption Ditch Headgate No. 1 and Fawn Creek Headgate No. 2. E. Measuring devices –

Applicant has installed a measuring flume at the location of Fawn Creek Headgate No. 2. Applicant has installed two irrigation water pumps at Redemption Ranch Headgate No. 1 Alternate Point of Diversion, which pumps have a capacity of 25 gallons per minute, each. F. Home construction– Investigations and evaluations have continued during the diligence period concerning the construction of up to three single family homes on Redemption Ranch. Applicant has laid out potential road alignments and homesite locations using GPS coordinates. Applicant contracted with professional photographers at a cost of over $3,000 to capture images that will be used for marketing of the homesites. G. Since the subject water rights were decreed, Applicant has spent more than $30,000 on water engineering and legal services in order to defend its water rights. 5. Claim to make absolute – water applied to beneficial use: A. Redemption Ditch Headgate No. 1 – Alternate Point of Diversion: Date water applied to beneficial use, amount, use: Water has been diverted under this water right at the alternate point of diversion decreed in Case No. 2012CW5 beginning in May 2013. The water has been used to fill and refill Redemption Pond No. 3 and as a freshening flow for the pond. The water has been used for recreation, piscatorial, livestock watering, wildlife watering, and aesthetics in Redemption Pond No. 3. The water has also been used for irrigation. Diversions at this point are made by two pumps installed in a sump pit. All of the foregoing uses have been made since the pumps were installed. The pumps have a capacity rating of 25 gallons per minute each. The pumps have been run at full capacity for approximately three days per week, from May through October each year, since they were installed in 2013. Based on the pump capacities, diversions at this point of diversion have been 0.11 cfs. Applicant is requesting that 0.11 cfs of this water right be made absolute. Description of place of use where water applied to beneficial use. The recreation, piscatorial, livestock watering, wildlife watering and aesthetic uses have occurred in and around Redemption Pond No. 3, as described in section 3.C. above. The irrigation use has occurred on a 2.57 acre irrigated area between the access road and the easement and an additional 1.05 acre roadside irrigation area, both of which are located on Redemption Ranch and are depicted on the map attached as Exhibit A to the application. B. Fawn Creek Headgate No. 2 Point of Diversion: Date water applied to beneficial use, amount, use: Water diverted at this point of diversion has been used to fill Redemption Pond No. 3 since the pond was completed in June of 2012. The water has been used for recreation, piscatorial, livestock watering, wildlife watering and aesthetic purposes in the pond, to fill and refill the pond, and as a freshening flow through the pond. A parshall flume was installed at this point of diversion in August 2016. Measured diversions to the pond from this point in August 2016 and September 2016 were as high as 0.32 cfs. Applicant is requesting that 0.32 cfs of this conditional water right be made absolute. Description of place of use where water applied to beneficial use. The described uses have been made in and around Redemption Pond No. 3, as described in section 3.C.1. above. C. Redemption Pond No. 3: Date water applied to beneficial use, amount, use: The pond was constructed in 2012. The volume of the pond as currently constructed is 8.4 acre-feet. The pond was filled to its full constructed volume during July 2012. The water has been used for recreation, piscatorial, livestock watering, wildlife watering and aesthetic purposes. Applicant is requesting that 8.4 acre-feet of this conditional water right be made absolute. escription of place of use where water applied to beneficial use. The described uses have been made in and around Redemption Pond No. 3, as described in section 3.C.1. above. 6. Names and addresses of owners or reputed owners of land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure is or will be constructed or upon which

water is or will be stored, including any modification to the existing storage pool: Applicant, Redemption Ranch LLC, c/o Eli Feldman, 929 Pearl Street, Suite 300, Boulder, CO 80302.

16CW3051 (10CW008) RIO BLANCO COUNTY – GROUND WATER TRIBUTARY TO PICEANCE CREEK, TRIBUTARY TO THE WHITE RIVER. Application for Finding of Reasonable Diligence. Applicant, The Oil Shale Corporation c/o Keri Hutchins, 3401 East 30th Street, Farmington, New Mexico 87102. Direct all pleadings and court related documents to Jacques S. Ruda, 6000 East Evans Avenue, Suite 1-211, Denver, Colorado 80222, (303) 297-3800 and Matthew L. Merrill, Sarah A. Klahn, White and Jankowski, LLP, 511 – 16th Street, Suite 500, Denver, Colorado 80202, (303) 595-9441. Name of structure: Oldland Brothers No. I-4 Well. Original Decree: May 16, 1978, Case No. W-3500. Subsequent Decrees 82CW26, 86CW38, 90CW32, 96CW48 and 02CW248. The Court most recently ruled reasonable diligence has been shown in the development of the proposed appropriation on December 19, 2010, in Case No. 10CW008. Location: A well located in the NW¼/NE¼ of Section 11, T. 3 S., R. 96 W. of the 6th P.M. at a point 741 feet South of the North line and 1,922 feet West of the East line of said Section 11. UTM coordinates Northing 4,411,130.1 m, Easting 231,792.9 m (NAD 1983 UTM Zone 13N); Source – a well tributary to the White River having a depth of 1000 feet. Appropriation date April 1, 1955; Amount .195 c.f.s. absolute and 0.352 c.f.s. conditional. Uses: irrigation, domestic, industrial, livestock water and commercial: Name and address of owners of land upon which the structure is or will be located: Applicant; Puckett Land Company, 5460 South Quebec Street, Suite 250, Greenwood Village, Colorado 80111-1917; Encana Oil & Gas (USA), Inc., Attn: Merit Appraisal & Tax Consulting, L.P., Post Office Box 330, Gainesville, Texas 76241. Application contains a detailed outline of work performed during the diligence period.

16CW3052 (10CW007) RIO BLANCO COUNTY – GROUND WATER TRIBUTARY TO MIDDLE FORK OF STEWART GULCH, TRIBUTARY TO THE WHITE RIVER. Application for Finding of Reasonable Diligence. Applicant, The Oil Shale Corporation c/o Keri Hutchins, 3401 East 30th Street, Farmington, New Mexico 87102. Direct all pleadings and court related documents to Jacques S. Ruda, 6000 East Evans Avenue, Suite 1-211, Denver, Colorado 80222, (303) 297-3800 and Matthew L. Merrill, Sarah A. Klahn, White and Jankowski, LLP, 511 – 16th Street, Suite 500, Denver, Colorado 80202, (303) 595-9441. Name of structure: Bute 25 Well. Original Decree: May 12, 1978, Case No. W-3499. Subsequent Decrees 82CW25, 86CW39, 90CW31, 96CW47 and 02CW244. The Court most recently ruled reasonable diligence has been shown in the development of the proposed appropriation on December 21, 2010, in Case No. 10CW007: SE¼/NE¼ of Section 9, T. 4 S., R. 96 W. of the 6th P.M. at a point 2,278 feet South of the North line and 1,070 feet West of the East line of said Section 9. UTM coordinates Northing 4, 401,238.0 m, Easting 228,453.2 m (NAD 1983 UTM Zone 13N); Source – a well tributary to the White River having a depth of 721.1 feet. Appropriation date May 8, 1972; Amount an absolute decree for 0.111 c.f.s. and a conditional decree for .814 c.f.s. Uses; irrigation, domestic amount, industrial, livestock, water and commercial uses. Landowner: Applicant. Application contains detailed outline of work perform during the diligence period.

16CW3053 ROUTT COUNTY. Yampa River. Application for Water Storage Rights. David & Judith Zehner, c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. Stratton Pond: Location: NE ¼ of the SW ¼, Sec 28, T 7 N,

R 88 W, 6th PM, at a point 1,541 ft from S sec line and 2,118 ft from W sec line of Sec 28. Source: Zehner Spring Site “B” and local snowmelt and runoff trib to Buck Gulch, trib to Elkhead Creek, trib to Yampa River. Appropriation date: 11/11/74. Amount: 3.1 af, conditional, with right to continuously refill in priority. Rate of fill: 0.13 cfs. Surface area: 0.39 acres. Dam length: 160 ft. Capacity: 3.1 af. Smith Pond: Location: NW ¼ of the SW ¼, Sec 28, T 7 N, R 88 W, 6th PM, at a point 2,258 ft from S sec line and 175 ft from W sec line of Sec 28. Source: Zehner Spring Site “C” and local snowmelt and runoff trib to Buck Gulch, trib to Elkhead Creek, trib to Yampa River. Appropriation date: 11/11/74. Amount: 10 af, conditional, with the right to continuously refill in priority. Rate of fill: 0.14 c.f.s. Surface area: 1.2 acres. Dam length: 496 ft. Capacity: 10 af. Fletcher Pond: Location: SW ¼ of the NE ¼, Sec 28, T 7 N, R 88 W, 6th PM, at a point 1,603 ft from N sec line and 1,332 ft from E sec line of Sec 28. Source: Local snowmelt and runoff trib to Buck Gulch, trib to Elkhead Creek, trib to Yampa River. Appropriation date: 12/31/46. Applied to beneficial use: 06/01/47. Amount: 3.2 af, absolute, with the right to continuously refill in priority. Rate of fill: 0.1 c.f.s. Surface area: 0.4 acres. Dam length: 164 ft. Capacity: 3.2 af. Bufalou Pond: Location: SE ¼ of the NE ¼, Sec 28, T 7 N, R 88 W, 6th PM, at a point 1,884 ft from N sec line and 370 ft from E sec line of Sec 28. Source: Local snowmelt and runoff trib to Buck Gulch, trib to Elkhead Creek, trib to Yampa River. Appropriation date: 12/31/55. Applied to beneficial use: 06/01/56. Amount: 2.0 af, absolute, with the right to continuously refill in priority. Rate of fill: 0.1 cfs. Surface area: 0.25 acres. Dam length: 106 ft. Capacity: 2.0 af. Ball Pond: Location: NE ¼ of the SE ¼, Sec 28, T 7 N, R 88 W, 6th PM, at a point 2,204 ft from S sec line and 351 ft from E sec line of Sec 28. Source: Local snowmelt and runoff trib to Buck Gulch, trib to Elkhead Creek, trib to Yampa River. Appropriation date: 12/31/55. Applied to beneficial use: 06/01/56. Amount: 7.8 af, absolute, with the right to continuously refill in priority. Rate of fill: 0.1 cfs. Surface area: 0.97 acres. Dam length: 220 ft. Capacity: 7.8 af. Uses for all ponds: Stockwatering, recreation, piscatorial, and wildlife watering. Height of each pond: Less than 10 ft. Applicants own land on which all ponds are located. (8 pages)

16CW3054 ROUTT COUNTY. Douglas B. Thomas and Danielle Lea Anich-Thomas, P.O. Box 776232, Steamboat Springs, CO 80477, Telephone: 646-541-5068, c/o Wayne F. Forman, Esq., Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, Colorado 80202, Telephone: 303-223-1100. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT AND CONDITIONAL WATER STORAGE RIGHTS IN ROUTT COUNTY . 2. Introduction Applicants own property within the Little Fish Creek watershed in Routt County. The purpose of this Application is to adjudicate priorities for direct flow and storage water rights for irrigation, wildlife and firefighting uses. The Application seeks conditional priorities, reflecting that as of the date of the Application, water pursuant to these rights has not yet been put to beneficial use. To the extent Applicants complete the requested appropriations during the pendency of this proceeding, in whole or in part, Applicants request that the subject appropriations be decreed as absolute to the extent water has been put to beneficial use. 3. Surface Water Right 3.1 Name of Diversion Structure : Thomas Ditch. 3.2 Legal Description of Point of Diversion : • UTM Coordinates: UTM X = 348724.66, UTM Y = 4483177.51 UTM Zone 13 (NAD 83). • PLSS Description: The headgate of the Thomas Ditch is located in the NW ¼ of the NW ¼ Section 14, Township 6 North, Range 84 West, 6th Principal Meridian at a point 256 feet from the North section line, 474 feet from the West section line of said Section 14, as shown on the map attached hereto as Figure 1. Based off of BLM PLSS. 3.3 Amount Claimed : 0.25 cfs, conditional.

3.4 Source : Water diverted from the Little Fish Creek, tributary to Fish Creek, tributary to the Yampa River. 3.5 Proposed Use : Irrigation. 3.5.1 Number of Acres Proposed for Irrigation : 0.5 acres. 3.5.2 Legal Description of Proposed Irrigated Acreage : The proposed irrigated acreage is located in the NW ¼ of the NW ¼ Section 14 Township 6 North, Range 84 West, 6th Principal Meridian. Figure 1, attached, shows the location of the acreage. 3.6 Date of Appropriation : November 16, 2016. 3.6.1 How Appropriation was Initiated : Clearing and grading fields in anticipation of irrigation and planting, field inspection and GPS mapping of the Thomas Ditch headgate, Thomas lateral, and other water resource features. 3.6.2 Date Water Applied to Beneficial Use : NA, Conditional.3.7 Name and Address of Owners of Land and Structures : 3.8 Remarks : The Thomas Ditch is located on Little Fish Creek at a location just upstream from a historic overflow channel that has, for some period of time, been blocked with native fill and rip rap. Applicant will restore the channel and use it as a diversion ditch from Little Fish Creek for the purposes described in this Application. 4. Conditional Water Storage Right 4.1 Name of Reservoir : Thomas Pond No. 1. 4.1.2 Legal Description : • UTM Coordinates: UTM X = 348703.03, UTM Y = 4483094.37 UTM Zone 13 (NAD 83). • PLSS Description: The spillway of the Thomas Pond No. 1 is located in the NW ¼ of the NW ¼ Section 14, Township 6 North, Range 84 West,

6th Principal Meridian at a point 530 feet from the North section line, 412 feet from the West section line of said Section 14, as shown on the Figure 1. Based off of BLM PLSS. 4.2 Name of Diversion Facility : Thomas Ditch, 0.25cfs. 4.2.1 Legal Description : See legal description of Thomas Ditch provided above in Section 3.2. 4.3 Source : Water diverted from the Little Fish Creek, tributary to Fish Creek, tributary to the Yampa River.4.4 Date of Appropriation : November 16, 2016. 4.4.1 How Appropriation was Initiated : Clearing and grading fields in anticipation of irrigation and planting, field inspection and GPS mapping of the Thomas Pond No. 1 and other water resource features. 4.4.2 Date Water Applied to Beneficial Use : NA, Conditional. 4.5 Amount Claimed : A: 0.42 acre-feet, conditional. B: Pond will be filled and refilled by the Thomas Ditch, 0.25 cfs.4.6 Proposed Uses : Irrigation, wildlife watering and habitat enhancement, firefighting.4.6.1 Number of Acres Proposed for Irrigation : 0.5 acres. 4.6.2 Legal Description of Irrigated Acreage : The proposed irrigated acreage is located in the NW ¼ of the NW ¼ Section 14, Township 6 North, Range 84 West, 6th Principal Meridian. See Figure 1.4.7 Surface Area of High Water Line : 0.104 acres. 4.7.1 Vertical Height of Dam: 4 to 7 feet. 4.7.2 Length of Dam : 65 feet. 4.8 Total Capacity of Reservoir: 0.42 acre-feet, all of which is active capacity. 5. Conditional Water Storage Right 5.1 Name of Reservoir : Thomas Pond No. 2. 5.1.1 Legal Description : • UTM Coordinates: UTM X = 348587.39, UTM Y = 4483015.71 UTM Zone 13 (NAD 83). • PLSS Description: The spillway of the Thomas Pond No. 2 is located in the NW ¼ of the NW ¼ Section 14, Township 6 North, Range 84 West, 6th Principal Meridian at a point 795 feet from the North section line, 40 feet from the West section line of said Section 14, as shown on Figure 1. Based off of BLM PLSS. 5.2 Name of Diversion Facility : Thomas Ditch, 0.25 cfs. 5.2.1 Legal Description : See legal description of Thomas Ditch provided above in Section 3.2. 5.3 Source : Water diverted from Little Fish Creek, tributary to Fish Creek, tributary to the Yampa River.5.4 Date of Appropriation : November 16, 2016. 5.4.1 How Appropriation was Initiated : Clearing and grading fields in anticipation of irrigation and planting, f Field inspection and GPS mapping of the Thomas Pond No. 2 and other water resource features. 5.4.2 Date Water Applied to Beneficial Use : NA, Conditional. 5.5 Amount Claimed : A: 0.44 acre-feet,

conditional. B: Pond will be filled and refilled by the Thomas Ditch, 0.25 cfs. 5.6 Proposed Uses : Irrigation, wildlife watering and habitat enhancement, firefighting. 5.6.1 Number of Acres Proposed for Irrigation : 0.5 acres. 5.6.2 Legal Description of Irrigated Acreage : The proposed irrigated acreage is located in the NW ¼ of the NW ¼ Section 14, Township 6 North, Range 84 West, 6th Principal Meridian. See Figure 1. 5.7 Surface area of high water line : 0.109 acres. 5.7.1 Vertical Height of Dam : 4 to 7 feet. 5.7.2 Length of Dam : 65 feet. 5.8 Total Capacity of Reservoir: 0.44 acre-feet, all of which is active capacity. 6. Name and Address of Owners or Reputed Owners of the Land Upon Which Any New or Existing Diversion or Storage Structure, or Modification Thereof, Is or Will Be Located: Applicants own all of the land upon which structures will be located and water will be applied to beneficial use.

16CW3056 MOFFAT COUNTY. Application For Conditional Underground And Surface Water Rights, Conditional Water Storage Rights, And Approval Of Plan For Augmentation. Applicant: Colowyo Coal Company L.P., 5731 State Highway 13, Meeker, CO 81641. (970) 824-1573. Counsel for Applicant: Roger Williams, Tri-State Generation and Transmission Ass’n, Inc., 1100 W. 116th Avenue, Westminster, CO 80234, Phone Number: 303-254-3218, Email: rwilliams@tristate.org; and Gail L. Wurtzler, Davis Graham & Stubbs LLP, 1550 Seventeenth St., Ste. 500, Denver, CO 80202, Phone Number: 303-892-9400, Email: gail.wurtzler@dgslaw.com. I. BACKGROUND. This Application seeks to adjudicate underground, surface, and storage rights, together with a plan for augmentation to address out-of-priority depletions resulting from operation of these rights as well as additional water rights subject to a separate application for conditional water rights to be filed by Colowyo Coal Company L.P. (“Colowyo”) in conjunction with the owner of certain lands leased to Colowyo on which certain water structures will be located. These water rights are: the Collom Mine Dewatering System, consisting of the mine pit (“Collom Pit”) and wells in the Collom Mine Dewatering Well Field; the Collom Supply Well(s); the Wilson Creek Diversion; and six stormwater ponds. See Figure 1 attached to Application filed with the Court. Three of the six stormwater ponds will be the subject of the separate application (“Separate Stormwater Ponds Application”). All other conditional water rights mentioned in this Application are sought solely on behalf of Colowyo. Colowyo owns, controls and operates a large, long-term, complex energy development project including, but not limited to, approximately 140,000 acres in Moffat and Rio Blanco Counties. The entire project is located within the Yampa River Basin, and it encompasses all or most of the drainages of several tributaries to the Yampa River, including, but not limited to, Milk Creek, Good Spring Creek, Taylor Creek, Wilson Creek, Jubb Creek, Little Collom Gulch, Collom Gulch, and Morgan Gulch. Colowyo’s energy development project involves multiple staged or phased components. Components include: several existing and planned surface and/or underground mining facilities to extract coal; buildings; loading and storage facilities; a railroad, roads and other transportation facilities; planned facilities to convert coal into other forms of energy; reclamation facilities; agricultural and recreational facilities on formerly or not yet mined lands in the project area; and an integrated water supply system and each of the pipelines, pumping plants, reservoirs, storage tanks, ponds, equipment, and other structures comprising that water system. The water rights subject to this Application are part of the integrated water supply system. The mine included in Colowyo’s energy development project operates year-round, 24 hours per day, seven days per week. Colowyo currently has eight federal coal leases and two state coal leases encompassing 15,346.96 acres. These leases include the currently active mine area, the Collom Lease, and approximately 273 million tons of

surface and underground coal resources to be mined in the future. This coal is only part of the estimated 2.87 billion tons of inventory coal within the Colowyo Logical Mining Unit or LMU (an area of land designated by the U.S. Bureau of Land Management in which the coal can be developed in an efficient, economical, and orderly manner as a unit with due regard for conservation of the coal and other resources). Colowyo, as the appropriator of record, has a legally vested interest in the lands and facilities to be served by the appropriations described in this Application. It has a specific plan and intent to divert, store, or otherwise capture, possess, and control the quantity of water described in this Application for the specific beneficial uses described in this Application to support the development of the Collom Lease. To develop the Collom Pit, Colowyo will necessarily appropriate water to accomplish dewatering and depressurizing of the coal-bearing formations and implement sediment control measures. Colowyo will apply that water, water available from the other new water rights described in this Application, and water available under Colowyo’s pre-existing water rights, all part of Colowyo’s integrated water supply system, to industrial and other beneficial uses. The quantity of water appropriated is physically and legally available. Colowyo’s use of water for the development of the Collom Pit is financially and technically feasible. The coal to be mined is already committed to one or more coal supply contracts for area electric utilities. Colowyo has the interests in land or rights to use land necessary to develop the structures contemplated in this Application. Colowyo already has or it is probable that it can acquire the permits required for construction of the facilities. There are legal processes available for Colowyo to satisfy any contingencies that must be met for the project to be completed and there are no final determinations that preclude Colowyo from doing so. To develop the Collom Pit, Colowyo must dewater and depressurize the coal-bearing formations within and immediately adjacent to the pit. This will be done through the Collom Pit itself and through dewatering wells in the Collom Mine Dewatering Well Field (together, the “Collom Mine Dewatering System”). The Collom Supply Well(s) will provide, among other uses, a conveniently located source of commercial and domestic water to supply the needs of people working at the Collom Pit. The Wilson Creek Diversion will provide, among other uses, a conveniently located source of industrial water for dust control and other construction and maintenance activities for roads related to the Collom Pit. Colowyo has developed a sediment control plan for the Collom Pit and all ancillary structures necessary to support and conduct mining activities. The plan includes construction of structures such as detention ponds, ditches and sumps to capture stormwater and precipitation runoff and allow settling of solids. The Section 25 Pond, the Sidehill Pond, and the Section 26 Pond (all of which are subject to this Application) and the Section 36 Pond, the Middle Pond, and the Coal Stockpile Pond (all of which will be subject to the Separate Stormwater Ponds Application) are some of the structures to be constructed under the plan. They will collect runoff from areas associated with operations at the Collom Pit and will retain that water for more than seventy-two hours after the end of a precipitation event in order to meet applicable water quality discharge requirements. There may be periods when evaporation will occur from these ponds. II. APPLICATION FOR CONDITIONAL WATER RIGHTS (UNDERGROUND). 1. Structure: Collom Mine Dewatering System consisting of the Collom Pit itself and dewatering wells located in the Collom Mine Dewatering Well Field. 2. Source: The Collom Mine Dewatering System will extract groundwater from the Williams Fork Formation of the Mesaverde Group. This groundwater is tributary to Collom Gulch, tributary to Morgan Gulch, and tributary to the Yampa River. 3. Legal Description: The Collom Pit and the Collom Mine Dewatering Well Field will be located in Sections 34, 35 and 36, T4N, R94W, and Sections 1, 2,

3, 10 and 11, T3N, R94W, 6th P.M., Moffat County, bounded on the west by Collom Gulch and on the east by West Fork Jubb Creek, as shown on Figure 2 attached to the Application filed with the Court. These legal descriptions are based on the standard United States Geological Survey (“USGS”) quadrangle map for these townships and do not reflect the resurvey of Section 36, T4N, R94W, that is referenced in the Amended and Restated Coal Mining Lease No. CO 257. The Collom Pit is not intended to be a primary dewatering structure. The Collom Mine Dewatering Well Field is intended to dewater the Williams Fork Formation surrounding and beneath the Collom Pit and thereby preclude groundwater flow into the pit. In the event that groundwater nonetheless flows into the pit, it will be collected and removed from the pit and beneficially used for the purposes described herein. Initially, the Collom Mine Dewatering Well Field will have ten wells that will be located as follows:

Well Name Easting (m) Northing (m) Qtr Qtr Section Township

Range

Well No. 1 253397.4 4461821.3 NE SE 35 4N 94WWell No. 2 253040.7 4461943.1 NW SE 35 4N 94WWell No. 3 252654.5 4462026.1 NE SW 35 4N 94WWell No. 4 252155.7 4462086.3 NE SE 34 4N 94WWell No. 5 251932.2 4461717.7 SE SE 34 4N 94WWell No. 6 252302.7 4461068.2 NW NW 2 3N 94WWell No. 7 252705.1 4461000.4 NE NW 2 3N 94WWell No. 8 253045.8 4461126.5 NW NE 2 3N 94WWell No. 9 253357.9 4460880.2 SE NE 2 3N 94WWell No. 10 253781.9 4461341.0 SW SW 36 4N 94WNAD 1983 UTM Zone 13 North

These PLSS locations are all based on the standard USGS quadrangle map for these townships and do not reflect the resurvey of Section 36, T4N, R94W. Additional wells may be installed in the Collom Mine Dewatering Well Field if additional dewatering points are required to achieve the dewatering and depressurization requirements for coal mining. Before any such wells are installed, Colowyo will obtain permits from the State Engineer. 4. Amount Claimed: Each well in the Collom Mine Dewatering Well Field will be constructed in the Williams Fork Formation with a total depth up to 1,200 feet. The Collom Mine Dewatering System may include horizontal drains. The peak total dewatering rate for the Collom Mine Dewatering System is estimated to be no more than 3.0 cfs. 5. Use: The primary purpose of the Collom Mine Dewatering System is for the beneficial use of dewatering and depressurizing coal-bearing formations within and immediately adjacent to a mine excavation in order to facilitate coal mining. As a secondary purpose, water from the Collom Mine Dewatering System may be used or stored for the following fully consumptive beneficial uses: Industrial and any other use related to mine development and operation, dust control, fire suppression, revegetation and reclamation, commercial and domestic uses (including but not limited to potable commercial and domestic water supply), augmentation and replacement uses, including storage prior to application for any of these uses. Water from the Collom Mine Dewatering System will be collected in a manifold pipeline system and then used onsite or, prior to some uses, stored in interim or terminal storage facilities such as storage tanks located near the Collom Pit for later application to the listed beneficial uses, or discharged to Collom Gulch. Stored water may be subsequently used for the

uses identified above. 6. Appropriation: (A) Date: January 19, 2016. (B) How appropriation was initiated. Colowyo’s mining plan modification which includes dewatering of the coal-bearing formations for mine development by means of wells and the pit itself and application of water produced by dewatering operations to other beneficial uses as an alternative water supply for the Collom project is described in the latest draft environmental assessment for the Collom expansion to the Colowyo Mine issued by the United States Department of the Interior, Office of Surface Mining Reclamation and Enforcement (“OSMRE”) and Bureau of Land Management (“BLM”), for public comment on January 19, 2016. Notice of the availability of the draft environmental assessment was published in the Rio Blanco Herald Times and the Craig Daily Press, posted in public locations in Craig and Meeker, and posted on OSMRE’s project website. In addition, Colowyo engaged attorneys and engineers to prepare the application and posted notice of this appropriation on November 30, 2016 by a sign located at the intersection of Moffat County Road 32 and Collom Gulch. (C) Date water applied to beneficial use: N/A (conditional). III. APPLICATION FOR CONDITIONAL WATER RIGHTS (UNDERGROUND). 1. Structure: Collom Supply Well(s). 2. Source: The Collom Supply Well(s) will extract groundwater from the Trout Creek Member of the Iles Formation of the Mesaverde Group. This groundwater is tributary to Collom Gulch, tributary to Morgan Gulch, and tributary to the Yampa River. 3. Legal Description: The initial Collom Supply Well will be located at a point approximately at 254408.1 Easting (m) and 4461765.8 Northing (m), as shown on Figure 2 attached to the Application filed with the Court. Additional supply wells may be installed if the initial well does not produce 15 acre-feet per year, the total amount of water planned for potable uses. Before any wells are installed, Colowyo will obtain permits from the State Engineer. 4. Amount Claimed: The Collom Supply Well(s) will be approximately 1,400 feet deep. The well(s) will pump at a rate of 15 gpm and up to a total amount of 15 acre-feet per year. 5. Use: Commercial, industrial and domestic uses (including but not limited to potable commercial and domestic water supply, fire suppression, and dust control), augmentation and replacement uses, including storage prior to application for any of these uses. Water produced by the Collom Supply Well(s) will primarily provide the potable water supply for commercial and domestic uses at the Collom Pit area. The water may be impounded in interim or terminal storage facilities prior to some uses. Uses will be fully consumptive. 6. Appropriation: (A) Date: November 30, 2016. (B) How appropriation was initiated. Applicant prepared plans and sought permits for the Collom expansion, engaged attorneys and engineers to prepare the application, and posted notice of this appropriation on November 30, 2016 by a sign located at the intersection of Moffat County Road 32 and Collom Gulch. (C) Date water applied to beneficial use: N/A (conditional). IV. APPLICATION FOR CONDITIONAL WATER RIGHTS (SURFACE). 1. Structure: Wilson Creek Diversion. 2. Source: The Wilson Creek Diversion will divert surface water from Wilson Creek which is tributary to Milk Creek and tributary to the Yampa River. 3. Legal Description: Water will be diverted by pumping or other means at a point located in the SE/NE of Section 21, T4N, R93W, 6th P.M., Moffat County, that is 52 feet west of the east section line and 2,070 feet south of the north section line of Section 21. The location is shown on Figure 3 attached to the Application filed with the Court. 4. Amount Claimed: Up to 3.0 cfs. 5. Use: Industrial and any other use related to mine development and operation, dust control, fire suppression, revegetation and reclamation, commercial and domestic uses (including but not limited to potable commercial and domestic water supply), augmentation and replacement uses, including storage prior to application for any of these uses. The water may be impounded in interim or terminal storage facilities prior to

some uses, and these facilities may be located near the point of diversion, near a place of use, or in the Collom Pit area. Uses will be fully consumptive. 6. Appropriation: (A) Date: November 30, 2016. (B) How appropriation was initiated. Applicant prepared plans and sought permits for the Collom expansion, engaged attorneys and engineers to prepare the application, and posted notice of this appropriation on November 30, 2016 by a sign located at the intersection of Moffat County Road 51 and Wilson Creek. (C) Date water applied to beneficial use: N/A (conditional). V. APPLICATION FOR CONDITIONAL WATER RIGHTS (SURFACE). 1. Structure: Stormwater Ponds (Section 25 Pond, the Sidehill Pond, the Section 26 Pond). 2. Source: These three ponds, together with three stormwater ponds included in a separate application, will collect and detain stormwater and precipitation runoff accruing to Little Collom Gulch or Collom Gulch, which are tributary to Morgan Gulch, tributary to Yampa River, until mining and reclamation of the Collom Pit are completed. These ponds will be reclaimed as part of the reclamation to be performed after mining of the Collom Pit is completed. 3. Legal Description: The Stormwater Ponds subject to this Application will be located in T4N, R94W, 6th P.M., Moffat County, as shown on Figure 2 attached to the Application filed with the Court and described generally as follows:

Pond Name Easting (m)Northing (m) Qtr Qtr Section Township Range

Section 25 Pond 254431.8 4463510.2 NE SW 25 4N 94WSidehill Pond 252801.6 4463161.2 SE SW 26 4N 94WSection 26 Pond 253221.5 4463536.4 NW SE 26 4N 94WNAD 1983 UTM Zone 13 North

The Stormwater Ponds subject to the Separate Stormwater Ponds Application will also be located in T4N, R94W, 6th P.M., Moffat County, as shown on Figure 2, and described generally as follows:

Pond Name Easting (m)

Northing (m) Qtr Qtr Section Township Range

Section 36 Pond

254398.9 4462704.3 NE NW 36 (USGS Stn’d Quad)

4N 94W

SE NW 36 (As Resurveyed)

Middle Pond 254422.2 4463101.4 SE SW 25 (USGS Stn’d Quad)

4N 94W

NE NW 36 (As Resurveyed)

Coal Stockpile Pond

254315.1 4462444.6 SE NW 36 (USGS Stn’d Quad)

4N 94W

NE SW 36 (As Resurveyed)

NAD 1983 UTM Zone 13 North

4. Amount Claimed. All six ponds are designed to collect and detain up to approximately 40 acre-feet of stormwater and precipitation run-off, with the right to fill and refill as required under Colowyo’s sediment control plan. The as-built reservoir capacity of each Stormwater Pond and the as-built height and length of the dam for each Stormwater Pond will be sufficient to detain stormwater and precipitation runoff as needed to meet water quality objectives, but the amount of water actually held in the Stormwater Ponds as a group at any given time will not exceed the total amount sought in this Application and the amount sought in the Separate Stormwater Ponds Application for the Section 36 Pond, the Middle Pond, and the Coal Stockpile Pond. The Coal Stockpile Pond will be incised and will not have a berm or dam.

Name of Storage Reservoir

Approx. Design Surface Area of High Water Line

Approx. Design Vertical Height of Dam

Approx. Design Length of Dam Approx. Design

Reservoir Capacity

Section 25 Pond 1.2 acres 27 feet 153 feet 11.3 a-fSidehill Pond 0.9 acres 20 feet 178 feet 8.8 a-fSection 26 Pond 0.5 acres 31 feet 208 feet 3.4 a-fSection 36 Pond* 0.8 acres 26 feet 257 feet 6.3 a-fMiddle Pond* 0.6 acres 27 feet 222 feet 4.2 a-fCoal Stockpile Pond* 1.5 acres NA NA 6.0 a-fTotal 5.5 acres 40 a-f

* Water rights for these three Stormwater Ponds are sought in the Separate Stormwater Ponds Application.

The Approximate Design dimensions set forth above reflect the design for each pond. As-built dimensions may vary from the design due to variability in construction or site conditions. Dead storage in each Stormwater Pond will depend upon site conditions and actual construction but is estimated to be between two and three percent of the total storage capacity of each of the individual Stormwater Ponds other than the Section 25 Pond, which is estimated to have approximately 35 percent of its total storage capacity as dead storage, and the Coal Stockpile Pond, which will be mostly dead storage. 5. Use: The Stormwater Ponds are primarily intended to intercept and detain stormwater and precipitation runoff in order to meet water quality objectives of Colowyo’s sediment control plan. They will not intercept groundwater. However, water from the Stormwater Ponds also may be used or stored for other beneficial uses. Colowyo claims the following beneficial uses for water in the Stormwater Ponds: Flood control, stormwater detention for compliance with water quality discharge requirements, industrial and any other use related to mine development and operation, dust control, fire suppression, revegetation and reclamation, commercial and domestic uses (including but not limited to potable commercial and domestic water supply), augmentation and replacement uses, including storage prior to application for any of these uses. Some of these uses will be fully consumptive. 6. Appropriation. (A) Date. January 19, 2016. (B) How appropriation was initiated.

Colowyo’s mining plan modification which includes stormwater/sediment ponds, impoundments and diversions and application of water in these ponds to other beneficial uses for the Collom project such as dust control is described in the latest draft environmental assessment for the Collom expansion to the Colowyo Mine issued by the United States Department of the Interior, Office of Surface Mining Reclamation and Enforcement (“OSMRE”) and Bureau of Land Management (“BLM”), for public comment on January 19, 2016. Notice of the availability of the draft environmental assessment was published in the Rio Blanco Herald Times and the Craig Daily Press, posted in public locations in Craig and Meeker, and posted on OSMRE’s project website. In addition, Colowyo engaged attorneys and engineers to prepare the application and posted notice of this appropriation on November 30, 2016 and December 21, 2016 by signs located at the intersection of Moffat County Road 32 and Collom Gulch. (C) Date water applied to beneficial use: N/A (conditional). VI. LANDOWNERS FOR LOCATIONS RELEVANT TO APPLICATION. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new or existing diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored under this Application. Colowyo Coal Company L.P. or its affiliates, 5731 State Highway 13 Meeker, CO 81641, and United States Department of the Interior, Bureau of Land Management, Little Snake Field Office, 455 Emerson St., Craig, CO 81625. VII. APPLICATION FOR APPROVAL OF PLAN OF AUGMENTATION. 1. Structures to be augmented: a. Collom Mine Dewatering System consisting of the Collom Pit and the Collom Mine Dewatering Well Field; b. Collom Supply Well(s); c. The Stormwater Ponds consisting of the Section 36 Pond, the Middle Pond, the Section 25 Pond, the Sidehill Pond, the Section 26 Pond, and the Coal Stockpile Pond. None of these water rights are yet decreed; all of them are subject to this Application for Conditional Water Rights or to the Separate Stormwater Ponds Application. 2. Augmentation supplies: a. water diverted or stored in priority by the water rights subject to this Application and the Separate Stormwater Ponds Application or fully augmented underground water subject to this Application; and b. if needed, water from the water rights decreed in Case No. W-1122-77 (Water Court Division No. 6) for augmentation use in connection with Colowyo’s energy development project. 3. Statement of plan for augmentation. The water rights subject to this Application are expected to be in priority most of the time. There is no record of downstream calls in this drainage. In the event that the water rights subject to this Application require augmentation, they will be augmented according to the plan described herein. Until a decree is entered in this case, and if required by the State Engineer, these structures will operate under a substitute water supply plan approved by the State Engineer under C.R.S. § 37-92-308(4). a. Colowyo’s Water Requirements and Depletions: The final configuration of the Collom Pit area will be determined by multiple factors, including Colowyo’s mining permit, commodities prices, mine economics, and advances in technologies. Based upon the current and future operations presently anticipated for the Collom Pit, Colowyo proposes to provide replacement water for the following activities or facilities: i. Collom Mine Dewatering System: Ground water pumping associated with the Collom Mine Dewatering System will be necessary as part of Colowyo’s dewatering needs to prepare for mining in the Collom Pit. This pumping may result in delayed depletions to Collom Gulch. Colowyo will replace, in accordance with this plan for augmentation, any out-of-priority depletions from the Collom Mine Dewatering System including depletions that will occur after groundwater withdrawal ceases. For purposes of this plan for augmentation, all water from the Collom Mine Dewatering System will be deemed to be fully consumed. Colowyo will account for and replace

such depletions as required. Due to the delayed timing of stream depletions resulting from diversion of underground water, fully augmented well pumping is anticipated to replace most of the lagged depletions associated with prior pumping of these structures. ii. Collom Supply Well(s): Ground water pumping associated with the Collom Supply Well(s) will primarily supply commercial and domestic water for persons working at the Collom Pit. Pumping of the Collom Supply Well(s) may result in delayed depletions to Collom Gulch. Colowyo will replace, in accordance with this plan for augmentation, any out-of-priority depletions from the Collom Supply Well(s) including depletions that may occur after pumping of the well(s) ceases. For purposes of the plan for augmentation, all water from the Collom Supply Well(s) will be deemed to be fully consumed. Colowyo will account for and replace such depletions as required. iii. The Section 36 Pond, the Middle Pond, the Section 25 Pond, the Sidehill Pond, the Section 26 Pond, and the Coal Stockpile Pond: Colowyo will capture stormwater and precipitation runoff in Little Collom Gulch, Collom Gulch, and the Collom Pit and related mine areas in the Section 36 Pond, the Middle Pond, the Section 25 Pond, the Sidehill Pond, the Section 26 Pond, and the Coal Stockpile Pond and detain that water until it meets applicable water quality requirements for discharge. The Stormwater Ponds are excavations with embankments of limited height. They will have spillways and permeable bottoms to allow the release and percolation of water. These ponds will all be reclaimed after mining is completed in the Collom Pit. There may be periods when evaporation will occur from the Stormwater Ponds. Colowyo will account for and replace out-of-priority storage and evaporation losses from the Stormwater Ponds. For purposes of the plan for augmentation, all water in the Stormwater Ponds will be deemed to be fully consumed. The total amount of stream depletions to Collom Gulch from operation and use of the Collom Mine Dewatering System, the Collom Supply Well(s), and the six Stormwater Ponds is equal to the sum of lagged stream depletions from each of these structures. When the water rights for these structures are out of priority, then the daily amount of stream depletion will be calculated based on (1) the prorated monthly lagged depletion from the Collom Mine Dewatering System and the Collom Supply Well(s) and (2) the daily depletion from the Stormwater Ponds. This daily net depletion amount will be replaced as described below, subject to aggregated replacements as approved by the Division Engineer. b. Replacement Water. Colowyo will provide replacement water to Little Collom Gulch or Collom Gulch above or at the confluence of these streams and above any calling water right. Replacement water will be provided from one or more of the following sources (in no particular order): i. Direct delivery of in-priority or fully augmented discharge from the Collom Mine Dewatering System; ii. Direct delivery of in-priority diversions from the Wilson Creek Diversion; iii. Direct delivery of in-priority or fully augmented withdrawals from the Collom Supply Well(s); iv. Releases of previously stored water in the Collom storage facilities which may include water diverted in priority by the Wilson Creek Diversion and/or in-priority or fully augmented water from the Collom Mine Dewatering System or the Collom Supply Well(s); or v. Releases of water stored in priority in the Stormwater Ponds. To the extent the sources listed above are inadequate to replace out-of-priority depletions of the conditional water rights identified in this plan for augmentation, Colowyo will provide replacement water either by releases to Milk Creek or by pipeline to Little Collom Gulch or Collom Gulch under water rights previously decreed in Case No. W-1122-77 for augmentation use in Colowyo’s energy development project. The water available for augmentation use under those rights totals 1,006 acre-feet/yr, which exceeds both the historic amounts required to be released for augmentation of the junior rights referenced in that decree and the anticipated out-of-priority depletions under the water rights identified in this plan for augmentation that are not

replaced by the sources listed above. Augmentation water available under Case No. W-1122-77 will be delivered at a location upstream from the calling water right: (i) via the Colowyo Pumping Plant and Pipeline directly to Little Collom Gulch or Collom Gulch or to the Collom storage facilities for later release in Little Collom Gulch or Collom Gulch; or (ii) to Milk Creek and its tributaries at the outlet of Wilson Reservoir. Colowyo will keep records of the measured diversions, calculated out-of-priority depletions, and measured deliveries of replacement water on forms acceptable to the Division Engineer. As stated above, the final configuration of the Collom Pit area may change, and as a result, the amount of annual replacement water may change. The types of activities requiring augmentation (dewatering wells, supply well(s), and stormwater detention ponds) will not change. The methodology for calculating depletions and replacement water for each type of activity or structure will remain the same, but the number and precise location of dewatering wells or supply well(s) may change or there may be changes in the stormwater or precipitation runoff flows to a stormwater pond as the configuration of the pit changes. Such changes are anticipated and included in this plan, and no modification or amendment of this plan will be required to adequately address such changes. Any changes to the configuration of these activities and structures as well as any resulting changes in augmentation requirements will be accounted for using forms approved by the Division Engineer. WHEREFORE, Colowyo requests that the Court enter a decree (i) granting Colowyo conditional water rights in the Collom Mine Dewatering System, the Collom Supply Well(s), the Wilson Creek Diversion, the Section 25 Pond, the Sidehill Pond, and the Section 26 Pond, and (ii) determining that this augmentation plan will not injuriously affect the owners of any decreed water rights or conditional water rights and approving the operation of this augmentation plan.

16CW3057 ROUTT COUNTY - Yampa River; David S. Lustig and Stacey Lustig Living Trust Dated December 2, 2011, and any Amendments Thereto; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR FINDING OF REASONABLE DILIGENCE; Name, Address, and Telephone Number of Applicant: David Lustig, Trustee, David S. Lustig and Stacey Lustig Living Trust Dated December 2, 2011, and any Amendments Thereto, 532 Shadbury Court, Fort Collins, CO 80525; Request for finding of reasonable diligence: Name of water right: Greenridge Pond No. 2; Description of conditional water right: Original decree: January 4, 2004; Case No. 2002CW81; Subsequent decrees awarding findings of diligence: December 29, 2010; Case No. 2010CW18; Legal description: NW/4 SW/4 of Section 16, T3N, R84W, 6th P.M. at a point which is 200 feet from the west section line and 1,750 feet from the south section line; Source: Unnamed stream, tributary to Little Morrison Creek, tributary to the Yampa River; Appropriation date: May 31, 2002; Amount: 5.0 a.f., conditional; Use: Irrigation, livestock and piscatorial; If irrigation: Used to irrigate two acres located in the W/2 NW/4 SW/4 of Section 16, T3N, R84W, 6th P.M.; Outline of what has been done toward completion of the appropriation and application of water to beneficial use: Applicant has obtained an estimate from a contractor for building the pond and an architect’s site plan for a home showing a window overlooking the pond. Additionally, Applicant has surveyed and staked the pond boundaries, constructed a trail to the pond, and cleared out tree deadfall in the work area for the pond. (4 pages)

16CW3058 ROUTT COUNTY. Application for Change of Water Right. Applicant: Yampa Valley Land Trust (“YVLT”), Attn: Susan Dorsey, Executive Director, P.O. Box 773014, Steamboat Springs, CO 80477, (970) 879-7240, yvlt@yvlt.org. Direct Pleadings to: Peter D.

Nichols, Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, CO 80302, (303) 402-1600. 2. Decreed water right for which change is sought. A. Name of structure: Rehder Harrison Creek Ditch. B. Date of original and all relevant subsequent decrees. 1) Original decree for 1.17 cfs: June 4, 1913, In the Matter of the Application for Adjudication of Water Rights in Water District No. 58, Routt County District Court. 2) Enlargement for 1.53 cfs: May 30, 1972, CA3926, Routt County District Court. 3) 0.7650 cfs abandoned in Case No. 11CW37: August 27, 2015, Case No. 12CW41, Water Division No. 6. C. Legal description of structure. A point on the South bank of Harrison Creek from which the East Quarter corner of Section 34, Township 5 North, Range 84 West of the 6th P.M. bears South 54° 00’ West 1100 feet (bearing based on an assumed bearing for the South boundary of Section 27, Township 5 North, Range 84 West of the 6th P.M. of East-West). The decreed location is shown on the map attached hereto as Exhibit A. D. Decreed source of water: Harrison Creek, tributary of the Yampa River. E. Appropriation Date. 1) September 25, 1905. 2) September 1, 1945. F. Total amount decreed to structure. 1) 1.17 cfs absolute. 2) 1.53 cfs absolute, 0.765 cfs abandoned in 12CW41 / 11CW37, 0.765 cfs remaining (together with the 1.17 cfs, the “Remaining Rights.”) G. Decreed uses: irrigation, stock water, and domestic. H. Amount of water that applicant intends to change: 1.17 cfs from the original decree with an appropriation date of September 25, 1905, and the remaining 0.765 cfs from the Enlargement with an appropriation date of September 1, 1945. YVLT intends to change a total amount of 1.935 cfs. 3. Detailed description of proposed change. A. YVLT is filing this application pursuant to a stipulation between YVLT and the State and Division Engineers in 12CW41 dated August 13, 2015. B. YVLT seeks to change the point of diversion for the Remaining Rights to a location on YVLT’s property. The new point of diversion will be: i. X: 347857.731343. ii. Y: 4468244.188014. iii. UTM Zone 13, NAD 83. iv. Source: Garmin etrex 20 Legend GPS; point taken on site, accuracy of 15 meters. C. YVLT will limit irrigation and stockwater use of the Remaining Rights to the 5.1 acres shown on Exhibit A. YVLT will also limit domestic use of the Remaining Rights to the two structures depicted on Exhibit A. D. YVLT will install and maintain a measurement device approved by the Division Engineer at the new point of diversion within one year of obtaining a final decree for the changed subject water rights. YVLT will also provide records of water diverted and used pursuant to this decree to the Division Engineer by December 15 of each year. 4. The land owner upon which this structure is located is Applicant. (6 pages including exhibit)

You are hereby notified that you will have until the last day of February, 2017 to file with the Water Court a Verified Statement of Opposition, setting forth facts as to why a certain Application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must be served on the Applicant or the Applicant’s Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, Division 6, 1955 Shield Dr. Unit 200, Steamboat Springs, CO 80487.

MARY ANN NINGERCLERK OF COURTROUTT COUNTY COMBINED COURTWATER DIVISION 6

/s/ Dylan WaltersDeputy Court Clerk