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

IN WATER DIVISION 6

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LISTSection 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 LISTPursuant 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, 2015.

15CW23 ROUTT COUNTY Application for reasonable Diligence. Applicant: Newell and Marsha Campbell, PO Box 771163, Steamboat Springs, Co 80477; 9708460238. Structure: AR Brown Springs Well Permit 185777. Previous decree: 94CW94-7/12/95; 01CW31-7/17/02; 08CW33-11/15/09 in Water Division 6. Legal Description: SW4, NW4, Sec 36, T5N, R85W, 6PM, Routt County, 1700 ft from N, 800 ft from E; St address: 28940 RCR 14D. Source: groundwater trib to Oak Creek trib to Yampa River; Appropriation date 9/4/94; Amnt Claimed: .033cfs. Uses: domestic including irrigation of home lawns and gardens not exceeding 1 acre; well depth: 12ft. Completion toward appropriation: drilled well in 1996, gas pump 1999, solar fence and pump 2007. Landowner: applicant. Remarks: see court file for details on use and costs.

15CW25 JACKSON COUNTY Application For Surface Rights Applicant: Wattenberg Ranch Inc 1987 JCR #7 Walden, Co 80480; 9708467897 . Structure: Hilda Wattenberg Spring. Legal Description – SE4 SE4 Sec 6 T9N R81w 6th PM Jackson county 320 ft from s and 600ft from E. UTM N4515085 E0370785. Source-Bear Creek of North Fork of North Platte. Appropriation date prior to 1950; how: put to beneficial use early 1940s. Date applied May 1944. Amount: .046cfs absolute. Irrigation: 0; at one time there was a small lawn that was irrigated much less than 1 acre. Non Irrigation; for domestic household and wildlife habitat and for tree and willow watering also possible augmentation for uses downstream also provides small fish habitat, stock water. Applicant is landowner. Other: we have used this spring since family bought the property in early 1940s some of the buildings have come and gone, still need the water and for stock.

15CW26 ROUTT COUNTY Application For Finding Of Reasonable Diligence. Applicant: Tom A. Ghiglia, 17205 Oak Ave, Atascadero, CA, 93422 805-550-3394. Structure: Circle V 1 spring; Date of original Decree-96CW66, 1/31/96; Subsequent decrees 02CW10, 11/18/02 and 08CW75, 12/25/09, all in Water Division 6; Legal Description SE4, NW4, Sec 35, T4N, R85W, 6PM, 1500 ft from W and 2450 ft from N; Source – Jack Creek of Yampa River; Appropriation date-06/16/95, amount .033 CFS conditional; Use –domestic and livestock. Outline of what done: Bought a new Honda water pump to replace previous one (receipt in court file). Pump is used to pump water into tank and hauled for domestic use and water also used for livestock below the spring. Applicant is owner. Remarks: Due to hard times plans for building have not happened. In the process of rebuilding so can proceed with building on the property.

15CW27 RIO BLANCO COUNTY Application For Change of Water Right. Applicant: Sheryl M. Little-Myers, PO Box 1169 Meeker, Co 81641; 9706232833. Structure: Thomas Ditch; Date of original Decree-CA0380, 8/31/23; Subsequent decrees CA1269, 11/21/66, all in Water Division 6. Legal Description SWNE S36-T1N-R96W; White River Ranches Estate; Lot 8; Appropriation date-1/27/1900, amount decreed 7cfs absolute; amount to change 1.45 cfs ; Use –agricultural/irrigation. Decreed source: White River at 84.33. Proposed change: Maps in court file to demonstrate: property lines, existing Thomas Ditch and proposed location for change of diversion. Propose to pump water from the white river from a point on my property-structure will

not impact neighbors. UTM coordinates: E234951, N4434266 Zone 13; Street address Highway 64 Meeker, Colorado 81641. Source of UTM: handheld Garmin GPS 12. Original Legal Description: Rio Blanco; NE4, NE4, S36, T1N, R96W 6th pm. Distance from 636 ft from N and 552 ft from E. Source of Information; Aqua Map, st address: 140536100014 parcel Number. Changed Legal Description: W4 of the NW, NE4, s36, T1N, R96W, 6th pm; Distance from section line 200ft from N and 2487 ft from E. Source of plss: aquamap; Applicant is owner. Remarks: See Court file for detailed information.

15CW3047 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@state.co.us. Application For Instream Flow Water Rights To Preserve The Natural Environment To A Reasonable Degree In. 2. Name of water right: Armstrong Creek Instream Flow Water Right. 3. Legal Description: The Armstrong Creek Instream Flow Water Right is located in the natural stream channel of Armstrong Creek from the lower terminus of the instream flow right previously decreed in Case No. 06CW35, Water Division 6, to the confluence with Elkhead Creek, a distance of approximately 0.1 miles. This segment of Armstrong Creek can be located on the Quaker Mountain U.S.G.S. quadrangle. A map of the Armstrong Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Lower Terminus of ISF previously decred in Case No. 06CW35, Water Division 6. 1. UTM: Northing: 4512573.29 Easting: 319690.40 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 40° 44’ 39.7”N and longitude 107° 08’ 8.33”W. B. Downstream Terminus: Confluence Elkhead Creek. 1. UTM: Northing: 4512684.47 Easting: 319606.14 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 40° 44’ 43.24”N and longitude 107° 08’ 12.03”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) 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: Armstrong Creek, tributary to Elkhead Creek, tributary to the Yampa River. 5. A. Date of initiation of appropriation: January 26, 2015. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2015, 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. (2015). C. Date applied to beneficial use: January 26, 2015. 6. Amount of water claimed: Instream flow of 1.0 cfs (4/1-6/30), 0.5 cfs (7/1-7/31), and 0.22 cfs (8/1-3/31), absolute. 7. Proposed Uses: Instream flow uses 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. (2015), 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. (2015). As instream flow water rights, the CWCB’s appropriations do not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) (“A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device.”). The CWCB’s appropriation of an

instream flow water right also does not affect ground water. 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) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on May 21, 2015, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2015), that the natural environment 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.

15CW3048 GARFIELD AND RIO BLANCO COUNTIES, 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@state.co.us. Application For Instream Flow Water Rights To Preserve The Natural Environment To A Reasonable Degree In, Colorado. 2. Name of water right: Brush Creek Instream Flow Water Right. 3. Legal Description: The Brush Creek Instream Flow Water Right is located in the natural stream channel of Brush Creek from its headwaters to the confluence with East Douglas Creek, a distance of approximately 5.31 miles. This segment of Brush Creek can be located on the Calf Canyon and Douglas Pass U.S.G.S. quadrangles. A map of the Brush Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Brush Creek Headwaters in the Vicinity of 1. UTM: Northing: 4390370.44 Easting: 177459.80 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 39° 36’ 8.52”N and longitude 108° 45’ 23.01”W. B. Downstream Terminus: Confluence East Douglas Creek. 1. UTM: Northing: 4395976.77 Easting: 181933.58 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 39° 39’ 16.01”N and longitude 108° 42’ 25.5”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) 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: Brush Creek, tributary to East Douglas Creek, tributary to Douglas Creek, tributary to the White River. 5. A. Date of initiation of appropriation: January 26, 2015. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2015, 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. (2015). C. Date applied to beneficial use: January 26, 2015. 6. Amount of water claimed: Instream flow of 0.65 cfs (4/1-10/31), and 0.50 cfs (11/1-3/31), absolute. 7. Proposed Uses: Instream flow uses 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. (2015), 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. (2015). As instream flow water rights, the CWCB’s appropriations do not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) (“A minimum stream flow does not require removal or control of water by

some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device.”). The CWCB’s appropriation of an instream flow water right also does not affect ground water. 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) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on May 21, 2015, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2015), that the natural environment 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.

15CW3049 RIO BLANCO, 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: Jennifer Mele, Senior Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6282. E-mail:jennifer.mele@coag.gov. Application For Instream Flow Water Rights To Preserve The Natural Environment To A Reasonable Degree In Rio Blanco County, Colorado. 2. Name of water right: East Douglas Creek (Lower) Instream Flow Water Right. 3. Legal Description: The East Douglas Creek (Lower) Instream Flow Water Right is located in the natural stream channel of East Douglas Creek from the confluence of Brush Creek to the confluence of Cathedral Creek, a distance of approximately 14.22 miles. This segment of East Douglas Creek can be located on the Brushy Point and White Coyote Draw U.S.G.S. quadrangles. A map of the East Douglas Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Confluence Brush Creek 1. UTM: Northing: 4395976.77 Easting: 181933.58 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 39° 39’ 16.01”N and longitude 108° 42’ 25.5”W. B. Downstream Terminus: Confluence Cathedral Creek 1. UTM: Northing: 4410043.75 Easting: 188016.57 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 39° 46’ 59.44”N and longitude 108° 38’ 34.73”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (confluences) 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: East Douglas Creek, tributary to Douglas Creek, tributary to the White River. 5. A. Date of initiation of appropriation: January 26, 2015. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2015, 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. (2015). C. Date applied to beneficial use: January 26, 2015. 6. Amount of water claimed: Instream flow of 0.5 cfs (5/1-10/15), absolute. 7. Proposed Uses: Instream flow uses 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. (2015), 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. (2015). As instream flow water rights, the CWCB’s appropriations

do not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) (“A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device.”). The CWCB’s appropriation of an instream flow water right also does not affect ground water. The CWCB has an existing instream flow water right on East Douglas Creek from the confluence with Brush Creek to the confluence with Cathedral Creek, in the amount of 1.5 cfs (1/1 – 12/31), decreed in Case No. 5-85CW258 with an appropriation date of 5/3/1985. The flow rates sought herein are in addition to the amount of the existing instream flow water right. 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) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on May 21, 2015, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2015), that the natural environment 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.

15CW3050 JACKSON COUNTY, Trophy Mountain Ranch, LLC, c/o Monte Matheson, P.O. Box 57, Rand, CO 80473. Please direct all future correspondence and pleadings regarding this Application to: Carlson, Hammond & Paddock, L.L.C., Lee H. Johnson, Johanna Hamburger, 1900 Grant Street, Suite 1200, Denver, Colorado 80203-4539, Phone Number: (303) 861-9000, Fax: (303) 861-9026. Application for Change of Water Right. 2. Decreed water right for which change is sought: A. Name of structure: Upper Three Mile Dam #1. B. Date of original and all relevant subsequent decrees: January 10, 1959, CA511, Jackson County District Court; December 10, 1971 and February 22, 1974, Case No. W-16, Water Court, Water Division No. 6; February 17, 1981, Case No. 80CW130, Water Court, Water Division No. 6; June 13, 1985, Case No. 84CW186, Water Court, Water Division No. 6; Case No. 89CW88, Water Court, Water Division No. 6; January 31, 1996, Case No. 94CW112, Water Court, Water Division No. 6; December 16, 2002, Case No. 01CW05, Water Court, Water Division No. 6; December 6, 2012, Case No. 08CW87, Water Court, Water Division No. 6. In CA511, Upper Three Mile Reservoir was awarded a conditional water storage right in the amount of 113.1 acre feet for irrigation purposes to be used as supplemental water for the irrigation of approximately 300 acres. Diligence decrees were obtained in Case Nos. W-16, 80CW130, 84CW186, 89CW88, 94CW12, 01CW05 and 08CW87, all in Water Court, Water Division No. 6. In Case No. 01CW05, the owners of the water right changed the location of storage from the originally contemplated single site of Upper Three Mile Reservoir to three separate structures known as Upper Three Mile Dam #1, Dam #2, and Dam #3. By terms of the decree in Case No. 01CW05, 15 acre feet of the original conditional water right was transferred to and made absolute at Upper Three Mile Dam Nos. 1, 2, and 3 for a total transfer of 45 acre feet. The remaining conditional 68.1 acre feet was transferred to Upper Three Mile Dam #1, a portion of which is the subject of this application. In Case No. 08CW87, the Court entered a finding of reasonable diligence. The Court found that the total capacity of Upper Three Mile Dam #1 would be approximately 42.3 acre feet, and approved a stipulation requiring Applicant to file a change of water right for the remaining 40.8 acre feet of the conditional water right that cannot physically be stored in Upper Three Mile Dam #1. C. Legal description of structure as described in most recent decree that

adjudicated the location: NW1/4 of the NE1/4, Section 12, T11N, R81W, of the 6th P.M. at a point 789 feet South and 2,183 feet West of the NE Corner of said Section 12. D. Decreed source of water: Three Mile Creek, tributary to the North Platte River. E. Appropriation date: January 10, 1958. F. Total amount decreed to structure: 68.1 acre feet, conditional and 15 acre feet absolute. G. Decreed use or uses: Irrigation. H. Amount of water that applicant intends to change: Applicant seeks a change in place of storage of 40.8 acre feet of the conditional water right currently associated with Upper Three Mile Dam No. 1. 3. Detailed description of proposed change: Applicant seeks to change the place of storage of 40.8 acre feet of the conditional water right currently decreed to Upper Three Mile Dam #1 to three distinct locations all within the same drainage and located on lands owned by the Applicant: Upper Three Mile Dam #4, Upper Three Mile Dam #5, and Upper Three Mile Dam #6. In addition to the decreed use of supplemental irrigation of up to 300 acres, Applicant seeks to add stockwater and piscatorial uses as decreed uses for the 40.8 acre feet of the conditional water right that is the subject of this application (the “Subject Water Right”). Additional information concerning the proposed alternate places of storage for the Subject Water Right is as follows: A. Upper Three Mile Dam #4 will be a non-jurisdictional dam located on Three Mile Creek, with a capacity of up to 11 acre feet. The dam will be approximately 433 feet in length, and the UTM coordinates for the proposed Upper Three Mile Dam #4 outlet will be Easting 378924.802, Northing 4533828.66, Zone 13, NAD 83 (meters). B. Upper Three Mile Dam #5 will be a non-jurisdictional dam located on Three Mile Creek, with a capacity of up to 23 acre feet. The dam will be approximately 589 feet in length, and the UTM coordinates for the proposed Upper Three Mile Dam #5 outlet will be Easting 378836.366, Northing 4533775.705, Zone 13, NAD 83 (meters). C. Upper Three Mile Dam # 6 will be a non-jurisdictional dam located on Three Mile Creek, with a capacity of up to 9 acre feet. The dam will be approximately 546 feet in length, and the UTM coordinates for the proposed Upper Three Mile Dam #6 outlet will be Easting 378739.402, Northing 4533767.309, Zone 13, NAD 83 (meters). Applicant seeks a change in place of storage for the Subject Water Right to Upper Three Mile Dam Nos. 4, 5 and 6, as described above. A map setting forth the general locations of the proposed outlets of Upper Three Mile Dam Nos. 4, 5 and 6 is attached as Exhibit A. 4. 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 storage pool. The Applicant is the owner of the land on which all above-named structures are located.

15CW3051 RIO BLANCO 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: Patrick E. Kowaleski, Senior Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6297. E-mail: patrick.kowaleski@coag.gov. Application For Instream Flow Water Rights To Preserve The Natural Environment To A Reasonable Degree In Rio Blanco County, Colorado. 2. Name of water right: Soldier Creek Instream Flow Water Right. 3. Legal Description: The Soldier Creek Instream Flow Water Right is located in the natural stream channel of Soldier Creek from the confluence of Right Fork (RF) and Middle Fork (MF) Soldier Creek to the confluence with Cathedral Creek, a distance of approximately 3.67 miles. This segment of Soldier Creek can be located on the Black Cabin Gulch and Razorback Ridge U.S.G.S. quadrangles. A map of the

Soldier Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Confluence of RF & MF Soldier Creek. 1. UTM: Northing: 4402321.62 Easting: 193527.82 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 39° 42’ 56.65”N and longitude 108° 34’ 30.54”W. B. Downstream Terminus: Confluence Cathedral Creek. 1. UTM: Northing: 4407196.87 Easting: 194744.74 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 39° 45’ 36.05”N and longitude 108° 33’ 47.66”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) 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: Soldier Creek, tributary to Cathedral Creek, tributary to East Douglas Creek, tributary to Douglas Creek, tributary to the White River. 5. A. Date of initiation of appropriation: January 26, 2015. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2015, 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. (2015). C. Date applied to beneficial use: January 26, 2015. 6. Amount of water claimed: Instream flow of 0.40 cfs (4/1-9/30), absolute. 7. Proposed Uses: Instream flow uses 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. (2015), 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. (2015). 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, 572 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2015). As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. The CWCB has an existing instream flow water right on Soldier Creek from the confluence of RF and MF Soldier Creek to the confluence with Cathedral Creek, in the amount of 1.5 cfs (1/1 – 12/31), decreed in Case No. 5-85CW256 with an appropriation date of 5/3/1985. The flow rates sought herein are in addition to the amount of the existing instream flow water right. 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) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on May 21, 2015, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2015), that the natural environment 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.

15CW3052 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: Patrick E. Kowaleski, Senior Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6297. E-mail: patrick.kowaleski@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 right:

Elkhead Creek Instream Flow Water Right. 3. Legal Description: The Elkhead Creek Instream Flow Water Right is located in the natural stream channel of Elkhead Creek from the lower terminus of ISF case #06CW34 to the confluence with First Creek, a distance of approximately 3.68 miles. This segment of Elkhead Creek can be located on the Bear Ears Peak and Quaker Mountain U.S.G.S. quadrangles. A map of the Elkhead Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Lower Terminus of ISF Case #06CW34. 1. UTM: Northing: 4513311.00Easting: 319905.48 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 40° 45’ 3.78”N and longitude 107° 07’ 59.93”W. B.Downstream Terminus: Confluence First Creek. 1. UTM: Northing: 4511465.47 Easting: 317014.14 (NAD 1983 Zone 13 North). 2. Lat/Long: latitude 40° 44’ 1.67”N and longitude 107° 10’ 1.2”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) 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: Elkhead Creek, tributary to the Yampa River. 5. A. Date of initiation of appropriation: January 26, 2015. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2015, 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. (2015). C. Date applied to beneficial use: January 26, 2015. 6. Amount of water claimed: Instream flow of 7.6 cfs (4/1-6/30), 4.1 cfs (7/1 7/31), and 1.7 cfs (8/1-3/31), absolute. 7. Proposed Uses: Instream flow uses 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. (2015), 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. (2015). 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, 572 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2015). As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. 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) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2015). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on May 21, 2015, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2015), that the natural environment 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.

15CW3053 RIO BLANCO AND GARFIELD COUNTIES; Application for Surface Water Rights; United States of America c/o Kristen C. Guerriero, #32663, Arthur R. Kleven, #36081, Special Assistant U.S.Attorney, Office of the Regional Solicitor, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215, Phone:(303) 445-0600, kristen.guerriero@sol.doi.gov, art.kleven@sol.doi.gov 2.Name of structures: BLM Spring 187-99, BLM Spring 157-88, BLM Spring 157-89/90/91, BLM Spring 157-92 through 98 Complex 3.Legal description of point of diversion: All UTM data are from Zone 12 and use the NAD 83 (CONUS) Datum. BLM Spring

187-99: Located on public lands in the NW/4 SE/4, Section 12, T5S R95W, 6th P.M., approximately 1650 feet north of the south section line, and 2550 feet west of the east section line. 757237mE 4390486mN BLM Spring 157-88: Located on public lands in the SE/4 NE/4, Section 3(irregular section) T1S R100W, 6th P.M., approximately 2750 feet north of the south section line, and 250 feet west of the east section line. 705349mE 4429735mN BLM Spring 157-89/90/91: Located on public lands in the NW/4 SE/4, Section 12, T1S R100W, 6th P.M., approximately 1650 feet north of the south section line, and 2350 feet west of the east section line. 707922mE 4427867mN BLM Spring 157-92 through 98 Complex: Located on public lands in the NW/4 SE/4, Section 12, T1S R100W, 6th P.M., approximately 1800 feet north of the south section line, and 2100 feet west of the east section line. 707996mE 4427913mN. 4.Source: BLM Spring 187-99: Unnamed tributary to Trapper Creek/East Middle Fork Parachute Creek/Middle Fork Parachute Creek/Parachute Creek/Colorado River BLM Spring 157-88: Unnamed tributary to Lem Springs Gulch/East Fork Spring Creek/Spring Creek/White River BLM Spring 157-89/90/91: Unnamed tributary to Little Duck Creek/Duck Creek/Yellow Creek/White River BLM Spring 157-92 through 98 Complex: Unnamed tributary to Little Duck Creek/Duck Creek/Yellow Creek/White River 5 A.Dates of appropriation: 04/30/2015 B. How appropriation was initiated: BLM authorized use of the Duck Creek Grazing Allotment and the Gordon Gulch Grazing Allotment and their associated water sources by grazing permittees. Subsequently, BLM personnel inventoried the quantity and quality of water available for livestock use. BLM provided notice of the appropriation by filing this application with the water court. C. Date water applied to beneficial use: 12/31/2015 6. Amount claimed: BLM Spring 187-99: 0.0264 cfs, absolute (12 gpm) BLM Spring 157-88: 0.0022 cfs, absolute (1 gpm) BLM Spring 157-89/90/91: 0.0011 cfs, absolute (0.5 gpm) BLM Spring 157-92 through 98 Complex: 0.0165 cfs, absolute (7.5 gpm) 7. Use(s): Livestock watering and wildlife. BLM Spring 187-99 provides water for a herd of up to 100 cattle on the Gordon Gulch Grazing Allotment. BLM Spring 157-88, BLM Spring 157-89/90/91, and BLM Spring 157-92 through 98 Complex provide water for a herd of up to 265 cattle on the Duck Creek Grazing Allotment. All springs provide water, forage, and cover for elk, deer, bear, coyotes, mountain lions, small mammals, birds, and wild horses 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, White River Field Office, 220 East Market St., Meeker, CO 81641.

15CW3054 ROUTT COUNTY, Colorado. Application To Correct/Change A Surface Point Of Diversion. Concerning The Application For Water Rights Of The City Of Steamboat Springs. District Court, Water Division No. 6, State Of Colorado, 1955 Shield Dr./ P.O. Box 773117, Steamboat Springs, CO 80477 Telephone: 970-879-5020. 1. Name and Address of Applicant: City of Steamboat Springs (the “City”) attn: Kelly Romero-Heaney, Water Resources Manager, P.O. Box 775088, Steamboat Springs, CO 80477. All pleadings should be directed to: Steven J. Bushong, Karen L. Henderson, Porzak Browning & Bushong LLP , 2120 13 th Street, Boulder, CO 80302 (303) 443-6800. 2. Overview: In Case No. 90CW49, this Court granted the City the right to alternately divert portions of the Stukey Soda Creek Forks Ditch and the Stukey Soda Creek Ditch water rights at the West Lincoln Park Diversion. However, there is an error with the legal description for the West Lincoln Park Diversion because it incorrectly describes a point on a nearby hillside as opposed to a point along the Yampa River. By this application, the City seeks to correct/change the erroneously described location for the West Lincoln Park Diversion.

3. Description of the Structure and Water Rights: a. Name of Diversion Structure: West Lincoln Park Diversion. b. Water Rights that may be Alternately Diverted at the West Lincoln Park Diversion: In Case No. 90CW49, this Court decreed the right to alternately divert portions of the Stukey Soda Creek Forks Ditch and Stukey Soda Creek Ditch water rights (with a maximum combined diversion rate of 1.5 cfs) at the West Lincoln Park Diversion structure on the Yampa River. i. Stukey Soda Creek Forks Ditch. 1 cfs of the 8 cfs decreed absolute to the Stukey Soda Creek Forks Ditch by the District Court in and for Routt County on September 19, 1905, with an appropriation date of May 12, 1903. The source of supply is the North and Middle Forks of Soda Creek, tributary to the Yampa River. The original headgate for the Stukey Soda Creek Forks Ditch is on the east bank of the North Fork said ditch crossing and intercepting the waters of the Middle Fork) of Soda Creek, at a point whence the SW corner of Section 33, Township 7 North, Range 84 West of the 6th P.M. bears south 61° 29’ 20” West 20,120 feet. The decreed uses were changed in Case No. 90CW49 to direct flow and storage for irrigation (including watering of parks, open space, greenbelts, lawns, golf courses, and athletic fields), municipal, domestic, stockwatering, recreational, aesthetic, and fish and wildlife propagation. ii. Stukey Soda Creek Ditch. 1 cfs of the 10 cfs decreed absolute to the Stukey Soda Creek Ditch by the District Court in and for Routt County on September 19, 1905, with an appropriation date of May 12, 1903. The source of supply is the South Fork of Soda Creek, tributary to the Yampa River, as well as the Stukey Soda Creek Forks Ditch. The original headgate for the Stukey Soda Creek Ditch is on the South bank of the South Fork of Soda Creek, at a point whence the SW corner of Section 33, Township 7 North, Range 84 West of the 6th P.M. bears south 64° 30’ 30” West 19,970 feet. The decreed uses were changed in Case No. 90CW49 to direct flow and storage for irrigation (including watering of parks, open space, greenbelts, lawns, golf courses, and athletic fields), municipal, domestic, stockwatering, recreational, aesthetic, and fish and wildlife propagation. c. Decreed Location for the West Lincoln Park Diversion: As decreed in Case No. 90CW49, the point of diversion is located in the SW¼ of the SW¼ of Section 8, Township 6 North, Range 84 West of the 6th P.M., at a point adjacent to West Lincoln Park on the north or right bank of the Yampa River a distance of 450 feet north from the South line of Section 8, and 150 feet east from the West line of said Section 8, being approximately 300 yards downstream from the confluence of Soda Creek and the Yampa River. See Exhibit A. 4. Description of the Requested Correction/Change in Point of Diversion. The distances from section lines for the West Lincoln Park Diversion set forth in Case No. 90CW49 identify a point on a nearby hillside, as shown on the map attached as Exhibit A, as opposed to a location on the Yampa River and adjacent to West Lincoln Park as otherwise described in the decreed location. Therefore, the City wishes to correct/change the decreed point of diversion for the West Lincoln Park Diversion to the SW¼ of the SW¼ of Section 8, Township 6 North, Range 84 West of the 6 th P.M., at a point approximately 932 feet from the South section line and approximately 354 feet from the West section line of said Section 8. The UTM coordinates of this point are NAD83, Zone 13, Northing: 4483728.38, Easting: 343894.98. See Exhibit A. This corrected location is approximately 115 feet downstream of the CDSS location for this structure. 5. Terms and Conditions: The City’s use of the corrected point of diversion for the West Lincoln Park Diversion will be subject to all the terms and conditions in the decree for Case No. 90CW49, including but not limited to the following: a. The City's diversions of its Stukey Soda Creek Forks Ditch and Stukey Soda Creek Ditch water rights at the West Lincoln Park Diversion will be limited to the amount of water that is physically and legally available at the originally decreed locations for the Stukey Soda Creek Forks Ditch and Stukey Soda Creek Ditch water rights. b.

The City will install and maintain such measuring devices as deemed reasonable and appropriate by the Division Engineer to administer the diversion of the Stukey Soda Creek Forks Ditch and Stukey Soda Creek Ditch water rights at the West Lincoln Park Diversion. c. When diverting at the West Lincoln Park Diversion, the City shall have no right to call water from the Yampa River, but only junior water rights on Soda Creek. (5 pages + map)

15CW3055 JACKSON COUNTY. Application for Conditional Water Right (Surface). 1. Applicant Information: Jerry and Barbara Burneson, 8133 Ute Highway, Longmont, Colorado 80503; P.O. Box 300, Hygiene, Colorado 80533; c/o Kent Holsinger, Esq., Alyson Meyer Gould, Esq., Holsinger Law, LLC, 1800 Glenarm Place, Suite 500, Denver, Colorado, 80202, 303-722-2828. 2. Name of structures: Missy Spring No. 2; Missy Spring No. 3. 3. Legal Description of structures: A. Missy Spring No. 2; UTM: Easting 367,990; Northing 4,536,678; Zone 13; Source of UTMs: CDSS Map Viewer; PLSS: Located in the SW 1/4 of the NE 1/4 of Section 35, Township 12 North, Range 82 West of the 6th P.M. at a point 2300 feet south of the north section line and 1825 feet west of the east section line of Section 35 in Jackson County, Colorado; Source of PLSS: CDSS Map Viewer. B. Missy Spring No. 3 (Alternate Point of Diversion); UTM: Easting 368,097; Northing 4,536,478; Zone 13; Source of UTMs: CDSS Map Viewer; PLSS: Located in the NW 1/4 of the SE 1/4 of Section 35, Township 12 North, Range 82 West of the 6th P.M. at a point 2300 feet north of the south section line and 1500 feet west of the east section line of Section 35 in Jackson County, Colorado; Source of PLSS: CDSS Map Viewer; Locations of intended diversions are indicated on the attached map. 4. Source: Tributary to the South Fork of Big Creek. 5. Appropriation date: December 31, 2015. 6. Amount claimed: 15 gallons per minute, conditional. 7. Uses: Irrigation, Domestic. A. Irrigation use: Proposed irrigation of one (1) acre. This water right will not be used to supplement irrigation on an area of land already irrigated under another water right. Legal description of irrigated acreage: Located within the NW 1/4 of the SE 1/4 and the NE 1/4 of the SE 1/4 of Section 35, Township 12 North, Range 82 West of the 6th P.M. in Jackson County, Colorado. Location of the intended irrigated acreage is indicated on the attached map. B. Non-irrigation use: Domestic including fire protection. Location of intended domestic use is indicated on the attached map. 7. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored. Jerry and Barbara Burneson (Applicants), P.O. Box 300, Hygiene, Colorado 80533; USDA Forest Service, Medicine Bow – Routt National Forest, 2468 Jackson Street, Laramie, Wyoming 82070.

2015CW003056 ROUTT COUNTY, District Court, Water Division 6, Routt County, Colorado, Concerning The Application For Water Rights Of, Applicant: Needmore Water, Llc, A Texas Limited Liability Company, In Routt County. Attorneys for Applicant: Melinda H. Sherman, Reg. No. 23259, Thomas R. Sharp, Reg. No. 0722, Sharp, Steinke & Sherman LLC, P.O. Box 774608, 401 Lincoln Avenue, Steamboat Springs, CO 80477, Phone Number: 970-879-7600, FAX Number: 970-879-8162, E-Mail: Sherman@sharpsteinke.com, sharp@sharpsteinke.com, Application For Surface Water Rights, 1. Name, address, and home telephone number of applicant(s): Needmore Water, Llc, A Texas Limited Liability Company, 3900 N. McColl Road, McAllen, TX 78501, (956) 687-7751, 2. Name of structures: Ditch Creek Upper Diversion, Ditch Creek Lower Diversion, 3. Legal description of each point of diversion: A. Ditch Creek Upper Diversion, Township 8N Range 85W, the NW ¼ of the SE ¼ Section 25, 40 degrees 37

Minutes 26.6 Seconds and 106 degrees 51 minutes 56.4 seconds, elevation 7,660’, GPS taken by Donald Vogel, Ranch Manager and the GPS was plus or minus 17’, Legal Description: County Routt, NW1/4 of the SE1/4, Section 25, Township 8N Range 85 W, Principal Meridian 6th, Distance from section lines (not from property lines) 2810.32 Feet from XN S and 1532.9 Feet from XE W, Source of PLSS information: Donald Vogel, Ranch Manager, B. DITCH CREEK LOWER DIVERSION, Township 8 N Range 85 W, the SE1/4 of the NW1/4 Section 25, 40 degrees 37 minutes 32.1 seconds and 106 degrees 52 minutes 19.8 seconds, elevation 7,487’, GPS taken by Donald Vogel, Ranch Manager and the GPS was plus or minus 16’, Legal Description: Routt County, SE 1/4 of the NW 1/4, Section 25, Township 8N, Range 85 W, Principal Meridian 6th, Distance from section lines (not from property lines), 2,214.19 Feet from XN S and 1873.55 Feet from E XW, Source of PLSS information: Donald Vogel, Ranch Manager, 3. Source: Ditch Creek Upper Diversion And Ditch Creek Lower Diversion: native water in Ditch Creek, tributary to Big Creek, and the diverted water from the North Fork of Mad Creek into Ditch Creek by the Nicholson Ditch, all tributary to the Elk River. 4. A. Date of appropriation for Ditch Creek Upper Diversion And Ditch Creek Lower Diversion: August 1, 1905 for the uses of irrigation, stockwater and fire protection and September 24, 1953 for uses of fill, refill and continuously provide water to Ditch Creek Reservoir No. 1 and Ditch Creek Reservoir No. 2 and recreational, piscatorial, fish and wildlife habitat (within the confines of said reservoirs). B. How appropriation was initiated for Ditch Creek Upper Diversion And Ditch Creek Lower Diversion: on August 1, 1905 for the use of water for irrigation, stockwater and fire protection, and on September 24, 1953 to fill, refill and continuously provide water to Ditch Creek Reservoir No. 1 and Ditch Creek Reservoir No. 2 and recreational, piscatorial, fish and wildlife habitat (within the confines of said reservoirs). C. Date water applied to beneficial use: for Ditch Creek Upper Diversion and Ditch Creek Lower Diversion: August 1, 1905 for the uses of irrigation, stockwater and fire protection and September 24, 1953 for uses of fill, refill and continuously provide water to Ditch Creek Reservoir No. 1 and Ditch Creek Reservoir No. 2 and recreational, piscatorial, fish and wildlife habitat (within the confines of said reservoirs). 5. Amount claimed in cubic feet per second (cfs) or gallons per minute (gpm) (1 cfs = 448.8 gpm). Ditch Creek Upper Diversion: 3 cfs absolute. Ditch Creek Lower Diversion: 2 cfs absolute. 6. List All Uses or Proposed Uses: If irrigation, complete the following: Number of acres historically irrigated: Ditch Creek Upper Diversion: approximately 90 acres. Ditch Creek Lower Diversion: approximately 50 acres. Legal description of irrigated acreage. Ditch Creek Upper Diversion: approximately 90 acres in the S1/2 of Section 25, T8N, R85W of the 6th P.M, NW ¼ of Section 25, T8N, R85W of the 6th P.M., N1/2 NW ¼ of Section 36, T8N, R85W of the 6th P.M., and the E1/2 SE1/4 of Section 26, T8N, R85W of the 6th P.M, Routt County, Colorado. Ditch Creek Lower Diversion: approximately 50 acres located in the SW1/4 of Section 25, T8N, R85W of the 6th P.M, the NW ¼ of Section 25, T8N, R85W of the 6th P.M. and the E1/2 E1/2 of Section 26, T8N, R85W of the 6th P.M, Routt County, Colorado. This above described acreage is also irrigated by the Applicant’s water rights in the Nicholson Ditch. The location of the irrigated acreage is marked on a USGS topographic map and attached to the application. A. If non-irrigation, describe purpose fully. Stockwater, fire protection, fill, refill and continuously provide water to Ditch Creek Reservoir No. 1 and Ditch Creek Reservoir No. 2 and recreational, piscatorial, fish and wildlife habitat (within the confines of said reservoirs). 7. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new or existing diversions or storage structures are located. Name of Owner, Needmore Big Creek, Llc, A Texas Limited Liability Company, Address 3900 N. McColl Road, McAllen, TX 78501. 8. Remarks or any

other pertinent information. Claim of superior right to instream flow decrees: On July 3, 1919, the water rights in the Nicholson Ditch were adjudicated with an appropriation date of August 1, 1905 in Case No. 1213. The Applicant’s predecessors have been using the water rights applied for herein for irrigation, stockwater and fire protection together with the Nicholson Ditch rights since that time. Additionally the water rights for Ditch Creek Reservoirs No. 1 and No. 2 were adjudicated in Case No. 00CW80 with an appropriation date of September 24, 1953, and the water rights applied for herein have been used since such appropriation date for the purposes of fill, refill and continuously provide water to both Ditch Creek Reservoir No. 1 and Ditch Creek Reservoir No. 2 and recreational, piscatorial, fish and wildlife habitat (within the confines of said reservoirs). These historical uses and practices in the same location and with the same uses as the water rights applied for herein pre-date the acquisition of in-stream flow rights appropriated by the Colorado Water Conservation Board on Mad Creek and the Elk and Yampa Rivers. As a result, the Applicant claims that the Ditch Creek Upper Diversion and the Ditch Creek Lower Diversion constitute “present uses or exchanges of water being made by other water users pursuant to appropriation or practices in existence on the date of such appropriation, whether or not previously confirmed by court order of decree.” Therefore, the Applicant seeks a finding and confirmation of this Court that the water rights applied for herein are superior to all relevant instream flow decrees pursuant to Section 37-92-103(b), C.R.S., including, but not limited to, the rights of the Colorado Water Conservation Board adjudicated in Case No. 6-77W1331 (Lower Elk River), Case No. 6-77W1279 (Upper Elk River), Case No. 6-77W1334 (Big Creek), Case No. 79CW223 (Mad Creek), and Case No. 02CW106 (Lower Yampa River). WHEREFORE, Applicant seeks a Decree of this Court: Granting the Applicant’s prayer for surface water rights for The Ditch Creek Upper Diversion And Ditch Creek Lower Diversion as set forth in this Application. Granting and confirming the Applicant’s claim of superior and senior priority rights for said Ditch Creek Upper Diversion and Ditch Creek Lower Diversion over and with respect to the CWCB instream flow decrees as identified in paragraph 8 above. For such further relief as the Court may deem proper. Dated: December 31, 2015, Sharp, Steinke, Sherman & Engle, LLC, /s/ Melinda H. Sherman,

15CW3057 ROUTT COUNTY, COLORADO. Application For Surface Water Rights. Concerning The Application For Water Rights Of Ted Myers And Cross Mountain Ranch Limited Partnership. District Court, Water Division No. 6, State Of Colorado, 1955 Shield Dr./P.O. Box 773117, Steamboat Springs, CO 80477. 1. Name, Telephone, and Address of the Co-Applicants: Cross Mountain Ranch Limited Partnership, Attn: Matt Boeddeker, c/o Transcontinental Corporation, 420 E. Carrillo Street, Santa Barbara, CA 93101 Phone: 805-963-6851. All pleadings should be directed to: Michael F. Browning, Karen L. Henderson, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302 Phone: 303-443-6800 & Ted Myers, 25625 RCR 55, Hamilton, CO 81638 Tel: 970-276-3870. Note: Ted Myers is representing himself, so all pleadings should be directed to him. 2. Overview: By this application, Ted Myers and Cross Mountain Ranch Limited Partnership (“Cross Mountain Ranch”) (collectively “Co-Applicants”), seek water rights for the Old Gill Reservoir and D.B. Coffin Ditch for use on their respective properties. Water is diverted out of Miller Creek via Old Gill Reservoir Feeder Ditch and is stored in Old Gill Reservoir. The D.B. Coffin Ditch will divert water from Miller Creek and/or will divert water stored and released from Old Gill Reservoir. 3. Description of the Water Rights: Co-Applicants seek to adjudicate the following surface water rights: (a) Name of Water Right: Old Gill Reservoir i. Location: The centerline of

the dam is located in the NE¼ of the NW¼ of Section 6, Township 3 North, Range 88 West of the 6th P.M., at a point 848 feet from the North section line and 1,424 feet from the West section line of said Section 6. The UTM Coordinates for this location are NAD 83, Zone 13, Easting: 302551, Northing: 4459667. The source of the UTM information is a hand-held Garmin. A map depicting this location is attached as Exhibit A. ii. Source: Unnamed tributary and Miller Creek, tributary to East Fork Williams Fork River, tributary to the Yampa River. iii. Name and Capacity of the Ditch Used to Fill the Pond: Old Gill Reservoir fills at a rate of 4.35 cfs from the Old Gill Reservoir Feeder Ditch. The point of diversion for the Old Gill Reservoir Feeder Ditch is in the SE¼ of the NW¼ of Section 6, Township 3 North, Range 88 West of the 6 th P.M., at a point 1,451 feet from the North section line and 1,603 feet from the West section line of said Section 6. The UTM Coordinates for this location are NAD 83, Zone 13, Easting: 302605, Northing: 4459481. The source of the UTM information is a hand-held Garmin. A map depicting this location is attached as Exhibit A. iv. Appropriation Date: October 11, 1909, which was the date the work was commenced by survey. v. Amount Claimed: 16.9 acre-feet, absolute. vi. Uses: Stock watering, irrigation, fire protection, wildlife watering, and piscatorial purposes. vii. Structure: The length of the dam is 200 feet. The height of the dam measured vertically from the elevation of the lowest point on natural grade to the crest of the emergency spillway of the dam is less than 10 feet. The surface area of the high water line is 2.9 acres. The total capacity of the Old Gill Reservoir is 17.4 acre-feet, of which 16.9 acre-feet is active storage and 0.5 acre-feet is dead storage. This reservoir structure also stores the Kitty Pond #17 water right decreed in Case No. 96CW45 for 0.5 acre-feet. viii. Remarks: Old Gill Reservoir is an off-channel pond. (b) Name of Water Right: D.B. Coffin Ditch. i. Location: The headgate is located in the NE¼ of the SW¼ of Section 31, Township 4 North, Range 88 West of the 6th P.M., at a point 1,352 feet from the South section line and 1,875 feet from the West section line of said Section 31. The UTM Coordinates for this location are NAD 83, Zone 13, Easting: 302704, Northing: 4460333. The source of the UTM information is a hand-held Garmin. A map depicting this location is attached as Exhibit A. ii. Source: Miller Creek, tributary to East Fork Williams Fork River, tributary to the Yampa River, as well as releases from Old Gill Reservoir. iii. Appropriation Date: October 11, 1909, which was the date the work was commenced by survey. iv. Amount Claimed: 4.35 cfs, conditional. v. Uses: Irrigation and incidental stock watering use. 4. Place of Use: The subject water rights will be used on land owned by the Co-Applicants. With regard to the irrigation use, Ted Myers plans to use the subject water rights to irrigate 48.2 acres of lands he owns in Sections 29 and 30, Township 4 North, Range 88 West, as well as to provide supplemental irrigation on 24.6 acres, as generally depicted on Exhibit A. Cross Mountain Ranch plans to use the subject water rights to irrigate 36.5 acres in Sections 29, 30, and 31, Township 4 North, Range 88 West, as generally depicted on Exhibit A. (7 pages + 1 map)

15CW3058 ROUTT COUNTY. Application for Approval of Plan for Aug. and Approp. Rights of Exchange. Applicant: Upper Yampa Water Conservancy Dist., c/o Balcomb and Green, P.C., PO Drawer 790, Glenwood springs, CO 81602; 970-945-6546. Applicant (herein “Dist.”) seeks Court approval of an area-wide plan to augment the out-of-priority depletions from uses by Dist. contractees within the Elk River basin, including the W. Fork of the Elk River, both tributaries of the Yampa River. Implementation of the Dist. area-wide aug. plan will involve the aug. of water depletions in tributaries of the Elk River and the W. Fork of the Elk River by exchanges. Consequently, the Dist. herein pleads claims for approp. rights of exchange to provide the aug.-by-exchange in those trib. drainages. FIRST CLAIM: APPROVAL OF PLAN FOR AUG.

Structures to be Augmented: The structures to be augmented under the Dist. plan are existing and future diversion and storage structures located in the Elk River basin and W. Fork of the Elk River basin, described below. Area A is a region within the Elk River basin where use of the Dist. aug. supplies can fully augment structures developed by Dist. contractees. Based on hist. water rights administration practices, there are no calling water rights within the Dist.’ Area A that would place a call or otherwise prohibit the use of the Dist. water as a source of aug. supply. Generally, Area A encompasses portions of the Elk River below its confluence with Willow Creek including the W. Fork of the Elk River and Willow Creek from its confluence with the Elk River extending upstream to locations above Steamboat Lake. In contrast, Area B is the region within the basin where the diversion requirements of senior water rights have appropriated the reliable streamflow and prevent aug. by exchanges for upstream diversion. The Dist. has divided its Area A into two sub-areas: Area A-1: Elk River from its confluence with the Yampa River up to locations above Steamboat Lake; and Area A-2: W. Fork of the Elk River from its confluence with the Yampa River up to where it branches off from the Elk River. Each sub-area contains designated tributaries in which the Dist. will provide service under this Plan for Aug. These two sub-areas are described below and on the Map (Exhibit 1) filed with this Application. Area A-1: Elk River from its confluence with the Yampa River up to Locations above Steamboat Lake. Description: Area A-1 includes structures that will divert water from within that portion of Area A encompassing all areas trib. to the Elk River and its tributaries in a stream reach extending from a downstream terminus at the confluence of the Elk River with the Yampa River to an upstream terminus located on the Elk River just upstream of its confluence with Willow Creek, a dist. of approx. 27 miles. The downstream terminus, the confluence of the Elk and the Yampa Rivers, is located in Routt County in the NE¼ NW¼, Sec. 18, T. 6 N., R. 85 W., 6th P.M. a dist. of 717 ft. from the N. Sec. line and 1301 ft. from the W. Sec. line (UTM X = 333142, UTM Y = 4483285). The upstream terminus, on the Elk River just upstream of its confluence with Willow Creek, is located in Routt County in the NW¼ NW¼, Sec. 24, T. 9 N., R. 85 W., 6th P.M. a dist. of 758 ft. from the N. Sec. line and 559 ft. from the W. Sec. line (UTM X = 341493, UTM Y = 4510597). The boundaries of Area A-1 are depicted on the map and referred to as Exhibit 1 that is being filed as a part of this Application, a copy of which may be obtained upon request from the Water Clerk or Applicant’s counsel. Major tributaries to the Elk River that are included within Area A-1 include: Farnsworth Creek: from its confluence with the Elk River in the NW¼ NE¼, Sec. 6, T. 6 N., R. 85 W., 6th P.M. a dist. of 1038 ft. from the N. Sec. line and 1381 ft. from the E. Sec. line (UTM X = 334002, UTM Y = 4486435), upstream to the headgate of the Coleman Ditch located in the SE¼ NE¼, Sec. 27, T. 7 N., R. 86 W., 6th P.M. a dist. of 1658 ft. from the N. Sec. line and 254 ft. from the E. Sec. line (UTM X = 329579, UTM Y = 4489500), including all areas trib. to Farnsworth Creek and the Elk River within this reach. That portion of Farnsworth Creek and its tributaries above the headgate of the Coleman Ditch are in Area B and not included within this Umbrella Plan. Trull Creek: from its confluence with the Elk River in the NE¼ NE¼, Sec. 6, T. 6 N., R. 85 W., 6th P.M. a dist. of 414 ft. from the N. Sec. line and 1111 ft. from the E. Sec. line (UTM X = 334099, UTM Y = 4486622), upstream to the headgate of the Trull Ditch located in the SE¼ NE¼, Sec. 30, T. 7 N., R. 85 W., 6th P.M. a dist. of 2544 ft. from the N. Sec. line and 538 ft. from the E. Sec. line (UTM X = 334303, UTM Y = 4489180), including all areas trib. to Trull Creek and the Elk River within this reach. That portion of Trull Creek and its tributaries above the headgate of the Trull Ditch are in Area B and not included within this Umbrella Plan. Dry Gulch: from its confluence with the Elk River in the SW¼ NE¼, Sec. 28, T. 7 N., R. 85 W., 6th P.M. a dist. of 1394 ft. from the N. Sec. line and

2246 ft. from the E. Sec. line (UTM X = 337019, UTM Y = 4489452), upstream to the headgate of the Sandelin Ditch 1 located in the SE¼ SW¼, Sec. 16, T. 7 N., R. 85 W., 6th P.M. a dist. of 528 ft. from the S. Sec. line and 1511 ft. from the W. Sec. line (UTM X = 336536, UTM Y = 4491668), including all areas trib. to Dry Gulch and the Elk River within this reach. That portion of Dry Gulch and its tributaries above the headgate of the Sandelin Ditch 1 are in Area B and not included within this Umbrella Plan. Salt Creek: from its confluence with the Elk River in the NW¼ SW¼, Sec. 3, T. 7 N., R. 85 W., 6th P.M. a dist. of 1895 ft. from the S. Sec. line and 183 ft. from the W. Sec. line (UTM X = 337736, UTM Y = 4495301), upstream to its headwaters, located in the vicinity of the SE¼ SW¼, Sec. 8, T. 7 N., R. 86 W., 6th P.M. a dist. of 197 ft. from the S. Sec. line and 1518 ft. from the W. Sec. line (UTM X = 325376, UTM Y = 4493379), including all areas trib. to Salt Creek and the Elk River within this reach. Deep Creek: from its confluence with the Elk River in NE¼ SE¼, Sec. 30, T. 8 N., R. 85 W., 6th P.M. a dist. of 1575 ft. from the S. Sec. line and 647 ft. from the E. Sec. line (UTM X = 334298, UTM Y = 4498561), upstream to the headgate of the Follett Ditch located in the NW¼ NE¼, Sec. 25, T. 8 N., R. 86 W., 6th P.M. a dist. of 364 ft. from the N. Sec. line and 2415 ft. from the E. Sec. line (UTM X = 332306, UTM Y = 4499481), including all areas trib. to Deep Creek and the Elk River within this reach. That portion of Deep Creek and its tributaries above the headgate of the Follett Ditch are in Area B and not included within this Umbrella Plan. Long Gulch: from its confluence with the Elk River in the NW¼ SW¼, Sec. 20, T. 8 N., R. 85 W., 6th P.M. a dist. of 1689 ft. from the S. Sec. line and 841 ft. from the W. Sec. line (UTM X = 334788, UTM Y = 4500196), upstream to the headgate of the Semotan Ditch located in the SE¼ SW¼, Sec. 13, T. 8 N., R. 86 W., 6th P.M. a dist. of 298 ft. from the S. Sec. line and 2147 ft. from the W. Sec. line (UTM X = 332193, UTM Y = 4501293), including all areas trib. to Long Gulch and the Elk River within this reach. That portion of Long Gulch and its tributaries above the headgate of the Semotan Ditch are in Area B and not included within this Umbrella Plan. Dutch Gulch: from its confluence with the Elk River in the NW¼ SE¼, Sec. 8, T. 8 N., R. 85 W., 6th P.M. a dist. of 2097 ft. from the S. Sec. line and 2190 ft. from the E. Sec. line (UTM X = 335547, UTM Y = 4503515), upstream to the headgate of the Norman Ditch HG 3 located in the NE¼ SW¼, Sec. 8, T. 8 N., R. 85 W., 6th P.M. a dist. of 1781 ft. from the S. Sec. line and 2241 ft. from the W. Sec. line (UTM X = 335284, UTM Y = 4503425), including all areas trib. to Dutch Gulch and the Elk River within this reach. That portion of Dutch Gulch and its tributaries above the headgate of the Norman Ditch HG 3 are in Area B and not included within this Umbrella Plan. McPhee Creek: from its confluence with the Elk River in the NE¼ NE¼, Sec. 5, T. 8 N., R. 85 W., 6th P.M. a dist. of 383 ft. from the N. Sec. line and 309 ft. from the E. Sec. line (UTM X = 336177, UTM Y = 4505995), upstream to the headgate of the Mc Phee Diversion located in the SW¼ SW¼, Sec. 32, T. 9 N., R. 85 W., 6th P.M. a dist. of 295 ft. from the S. Sec. line and 28 ft. from the W. Sec. line (UTM X = 334795, UTM Y = 4506197), including all areas trib. to McPhee Creek and the Elk River within this reach. That portion of McPhee Creek and its tributaries above the headgate of the McPhee Diversion are in Area B and not included within this Umbrella Plan. Sand Creek: from its confluence with the Elk River in the SE¼ SE¼, Sec. 32, T. 9 N., R. 85 W., 6th P.M. a dist. of 462 ft. from the S. Sec. line and 233 ft. from the E. Sec. line (UTM X = 336326, UTM Y = 4506254), upstream to the headgate of the Sand Creek Ditch located in the SE¼ SW¼, Sec. 30, T. 9 N., R. 85 W., 6th P.M. a dist. of 322 ft. from the S. Sec. line and 2652 ft. from the W. Sec. line (UTM X = 334017, UTM Y = 4507872), including all areas trib. to Sand Creek and the Elk River within this reach. That portion of Sand Creek and its tributaries above the headgate of the Sand Creek Ditch are in Area B and not included within this Umbrella Plan. Cottonwood

Gulch: from its confluence with the Elk River in the NW¼ SW¼, Sec. 33, T. 9 N., R. 85 W., 6th P.M. a dist. of 2536 ft. from the S. Sec. line and 764 ft. from the W. Sec. line (UTM X = 336643, UTM Y = 4506881), upstream to the headgate of the Stanton Fetcher Ditch 2 located in the NW¼ NW¼, Sec. 33, T. 9 N., R. 85 W., 6th P.M. a dist. of 1018 ft. from the N. Sec. line and 132 ft. from the W. Sec. line (UTM X = 336462, UTM Y = 4507408), including all areas trib. to Cottonwood Gulch and the Elk River within this reach. That portion of Cottonwood Gulch and its tributaries above the headgate of the Stanton Fetcher Ditch 2 are in Area B and not included within this Umbrella Plan. Greenville Creek: from its confluence with the Elk River in the NE¼ NW¼, Sec. 33, T. 9 N., R. 85 W., 6th P.M. a dist. of 738 ft. from the N. Sec. line and 1891 ft. from the W. Sec. line (UTM X = 337000, UTM Y = 4507481), upstream to the headgate of the Pettit Ditch located in the NE¼ NE¼, Sec. 34, T. 9 N., R. 85 W., 6th P.M. a dist. of 46 ft. from the N. Sec. line and 1120 ft. from the E. Sec. line (UTM X = 339301, UTM Y = 4507640), including all areas trib. to Greenville Creek and the Elk River within this reach. That portion of Greenville Creek and its tributaries above the headgate of the Pettit Ditch are in Area B and not included within this Umbrella Plan. Franz Creek: from its confluence with the Elk River in the NW¼ SE¼, Sec. 8, T. 8 N., R. 85 W., 6th P.M. a dist. of 1572 ft. from the S. Sec. line and 1650 ft. from the E. Sec. line (UTM X = 335709, UTM Y = 4503352), upstream to its headwaters, located in the vicinity of NW¼ SW¼, Sec. 2, T. 8 N., R. 85 W., 6th P.M. a dist. of 1522 ft. from the S. Sec. line and 268 ft. from the W. Sec. line (UTM X = 339542, UTM Y = 4504866), including all areas trib. to Franz Creek and the Elk River within this reach, with the exception detailed below: S. Franz Creek: from its confluence with Franz Creek in the SW¼ SE¼, Sec. 4, T. 8 N., R. 85 W., 6th P.M. a dist. of 1055 ft. from the S. Sec. line and 2162 ft. from the E. Sec. line (UTM X = 337197, UTM Y = 4504768), upstream to the headgate of the Franz Desert Ditch No. 1 located in the NE¼ NE¼, Sec. 9, T. 8 N., R. 85 W., 6th P.M. a dist. of 902 ft. from the N. Sec. line and 1209 ft. from the E. Sec. line (UTM X = 337473, UTM Y = 4504165), including all areas trib. to S. Franz Creek and Franz Creek within this reach. That portion of S. Franz Creek and its tributaries above the headgate of the Franz Desert Ditch No. 1 are in Area B and not included within this Umbrella Plan. Taylor Canyon: from its confluence with the Elk River in the NW¼ SE¼, Sec. 8, T. 8 N., R. 85 W., 6th P.M. a dist. of 1318 ft. from the S. Sec. line and 1658 ft. from the E. Sec. line (UTM X = 335704, UTM Y = 4503274), upstream to its headwaters, located in the vicinity of the NE¼ NE¼, Sec. 15, T. 8 N., R. 85 W., 6th P.M. a dist. of 1030 ft. from the N. Sec. line and 303 ft. from the E. Sec. line (UTM X = 339314, UTM Y = 4502481), including all areas trib. to Taylor Canyon and the Elk River within this reach. Keller Ditch Area Watersheds: Watershed areas located E. and directly trib. to the Elk River at locations downstream of the confluence with Taylor Canyon in the NW¼ SE¼, Sec. 8, T. 8 N., R. 85 W. of the 6th P.M. a dist. of 1318 ft. from the S. Sec. line and 1658 ft. from the E. Sec. line (UTM X = 335704, UTM Y = 4503274) and upstream of the confluence with Big Creek in the NE¼ NE¼, Sec. 10, T. 7 N., R. 85 W., 6th P.M. a dist. of 338 ft. from the N. Sec. line and 835 ft. from the E. Sec. line (UTM X = 339060, UTM Y = 4494577), with the following exceptions. The watershed draining to a pt. just above the headgate of the Winter Irrigation Ditch, located in the NE¼ NE¼, Sec. 17, T. 8 N., R. 85 W., 6th P.M. a dist. of 818 ft. from the N. Sec. line and 463 ft. from the E. Sec. line (UTM X = 336054, UTM Y = 4502615) is in Area B and not included within this Umbrella Plan. The watershed draining to a pt. just above the headgate of the Wheeler Diversion System Alt 2, located in the SE¼ SE¼, Sec. 33, T. 8 N., R. 85 W., 6th P.M. a dist. of 85 ft. from the S. Sec. line and 1243 ft. from the E. Sec. line (UTM X = 337294, UTM Y = 4496427) is in Area B and not included within this Umbrella Plan. Wither Ditch Area Watersheds: watershed

areas located S.E. and directly trib. to the Elk River at locations downstream of the confluence with Hot Spring Creek in the SW¼ SE¼, Sec. 14, T. 7 N., R. 85 W., 6th P.M. a dist. of 422 ft. from the S. Sec. line and 2518 ft. from the E. Sec. line (UTM X = 340060, UTM Y = 4491548) and upstream of the confluence with the Yampa River in the NE¼ NW¼, Sec. 18, T. 6 N., R. 85 W., 6th P.M. a dist. of 717 ft. from the N. Sec. line and 1301 ft. from the W. Sec. line (UTM X = 333142, UTM Y = 4483285), with the following exception. The watershed draining to a pt. just above the headgate of the McFadden Ditch, located in the SE¼ NW¼, Sec. 25, T. 7 N., R. 85 W., 6th P.M. a dist. of 2341 ft. from the N. Sec. line and 1633 ft. from the W. Sec. line (UTM X = 341293, UTM Y = 4489023) is in Area B and not included within this Umbrella Plan. Willow Creek: Includes a stream reach extending from a downstream terminus at the confluence of Willow Creek with the Elk River extending upstream to locations above Steamboat Lake. The downstream terminus, the Willow Creek confluence with the Elk River, is located in the NW¼ NW¼, Sec. 24, T. 9 N., R. 85 W., 6th P.M. a dist. of 758 ft. from the N. Sec. line and 559 ft. from the W. Sec. line (UTM X = 341493, UTM Y = 4510597). The upstream terminus, its confluence with Steamboat Lake, is located in the NW¼ SE¼, Sec. 19, T. 10 N., R. 85 W., 6th P.M. a dist. of 2173 ft. from the S. Sec. line and 1477 ft. from the E. Sec. line (UTM X = 334650, UTM Y = 4519625). All areas trib. to Willow Creek, Steamboat Lake, and the Elk River within this reach are included in Area A-1, with the exceptions detailed below. Lester Creek: from its confluence with Willow Creek in the SW¼ SW¼, Sec. 2, T. 9 N., R. 85 W., 6th P.M. a dist. of 40 ft. from the S. Sec. line and 14 ft. from the W. Sec. line (UTM X = 339800, UTM Y = 4514095), upstream to its confluence with Lester Creek Reservoir (a.k.a. Pearl Lake) in the SW¼ SE¼, Sec. 26, T. 10 N., R. 85 W., 6th P.M. a dist. of 1052 ft. from the S. Sec. line and 1749 ft. from the E. Sec. line (UTM X = 340948, UTM Y = 4517531), including all areas trib. to Lester and Willow Creeks within this reach are included in Area A-1. That portion of Lester Creek and its tributaries above its confluence with Lester Creek Reservoir are in Area B and not included within this Umbrella Plan. Red Creek: from its confluence with Willow Creek in the NW¼ NW¼, Sec. 4, T. 9 N., R. 85 W., 6th P.M. a dist. of 393 ft. from the N. Sec. line and 1132 ft. from the W. Sec. line (UTM X = 336960, UTM Y = 4515579), upstream to the National Forest boundary in NW¼ SE¼, Sec. 1, T. 9 N., R. 86 W., 6th P.M. a dist. of 2539 ft. from the S. Sec. line and 2634 ft. from the E. Sec. line (UTM X = 332563, UTM Y = 4514958), including all areas trib. to Red and Willow Creeks within this reach are included in Area A-1. That portion of Red Creek and its tributaries above the National Forest boundary are in Area B and not included within this Umbrella Plan. Beaver Creek: Beaver Creek and its tributaries are in Area B and not included within this Umbrella Plan. Larson Creek: Larson Creek and its tributaries are in Area B and not included within this Umbrella Plan. Floyd Creek: Floyd Creek and its tributaries are in Area B and not included within this Umbrella Plan. Mill Creek: Mill Creek and its tributaries are in Area B and not included within this Umbrella Plan. That portion of Willow Creek and its tributaries above its confluence with Steamboat Lake are also in Area B and not included within this Umbrella Plan. Amt.: The total amt. of aug. water available for Area A-1 is 500 AF. The rate of exchange is 1.9 cfs, cond., for the entire Area A-1 and not to exceed 0.3 cfs within any one of the tributaries located within Area A-1 with the exception of Salt Creek, which will not exceed 0.5 cfs. Area A-2: W. Fork of the Elk River from its confluence with the Yampa River up to where it branches off the Elk River. Description: Area A-2 includes structures that will divert water from within that portion of Area A encompassing all areas trib. to the W. Fork of the Elk River and its tributaries in a stream reach extending from a downstream terminus at the confluence of the W. Fork of the Elk River with the Yampa River to an upstream terminus

located where the W. Fork of the Elk River branches off the Elk River, a dist. of approx. 1.9 miles. The downstream terminus, the confluence of the W. Fork of the Elk River and the Yampa River, is located in Routt County in the SW¼ NE¼, Sec. 13, T. 6 N., R. 86 W., 6th P.M. a dist. of 1710 ft. from the N. Sec. line and 2028 ft. from the E. Sec. line (UTM X = 332115, UTM Y = 4483032). The upstream terminus, where the W. Fork of Elk River branches off the Elk River, is located in the SE¼ SW¼, Sec. 6, T. 6 N., R. 85 W., 6th P.M. a dist. of 244 ft. from the S. Sec. line and 1845 ft. from the W. Sec. line (UTM X = 333320, UTM Y = 4485206). All areas trib. to the W. Fork of the Elk River within this reach are included in Area A-2. The boundaries of Area A-2 are depicted on the map referred to as Exhibit 1 filed as a part of this Application, a copy of which may be obtained upon request from the Water Clerk or Applicant’s counsel. Major tributaries to the W. Fork of the Elk River that are included within Area A-2 include: DeCora Gulch: from its confluence with the W. Fork of Elk River in the NW¼ SE¼, Sec. 12, T. 6 N., R. 86 W., 6th P.M. a dist. of 1440 ft. from the S. Sec. line and 1641 ft. from the E. Sec. line (UTM X = 332247, UTM Y = 4483989), upstream to its confluence with Lake Windemere located in SW¼ SW¼, Sec. 36, T. 7 N., R. 86 W., 6th P.M. a dist. of 30 ft. from the S. Sec. line and 438 ft. from the W. Sec. line (UTM X = 331343, UTM Y = 4486839). All areas trib. to DeCora Gulch, Lake Windemere, and the W. Fork of Elk River in this reach are included in Area A-2. Amt.: The total amt. of aug. water available for Area A-2 is 50 AF. The rate of exchange is 0.2 cfs, cond., for the entire Area A-2 and not to exceed 0.2 cfs within any one of the tributaries located within Area A-2. Water Rights to be Used for Aug.: In Basin Supply. Up to 500 AF per year from CDP&W water rights stored in Steamboat Lake. That supply will be used to augment senior rights within the Elk River drainage. Steamboat Lake was decreed in Case No. 94CW412 in the amt. of 3,155 AF for aug. of depletions associated with mun., irr., ind., comm., dom., rec., and out-of-channel pisc. water uses occurring in the Yampa River basin downstream of Steamboat Lake, with an Approp. date of 12/7/1995. The decreed location for Steamboat Lake is located in the NE1/4 NW1/4 Sec. 32, T. 10 N., R. 85 W., 6th P.M. at a pt. from which the N.W. Corner of Sec. 29, T. 10 N., R. 85 W. bears N. 19 deg. W. 6,410 ft. Mainstem Supply. The Dist. owns rights deliverable in the Yampa River. Those “Mainstem Rights” will be used to augment senior rights located downstream from the Yampa River – Elk River and W. Fork of the Elk River confluences. These water rights are described in detail below: Stagecoach Reservoir. The following water rights are decreed for diversion and/or storage in Stagecoach Reservoir and were changed to add and include as beneficial uses, approp. rights of exchange and substitution, aug. and exchange for replacement purposes, and other aug. uses in Case No. 01CW41, Dist. Court, Water Div. No. 6. Four Counties Ditch No. 1 and No. 3: Priority Nos. 40 through 40-0, Water Dist. No. 58, Civil Action No. 3538, Routt County Dist. Court, Decree: 3/30/1964 amended 9/8/1970. Decreed for Dom., mun., irr., ind., generation of electric power and energy, mining, rec. and all other beneficial uses including approp. rights of exchange and substitution, aug. and exchange for replacement purposes and all other aug. uses. Pursuant to the decree entered in Case No. W-1091-76, Dist. Court, Water Div. 6, these water rights may be stored in Bear Reservoir. The Four Counties Ditch No. 1 and No. 3 have the following decreed pt. of diversion and amt.: Four Counties Ditch No. 1, Headgate No. 6 (Priority No. 40A): 11 cfs, absolute, out of Granite Creek at a pt. S 14 deg. 04’ E. 24,498 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 1, Headgate No. 5 (Priority No. 40B): 10 cfs, absolute, out of a Branch of Granite Creek at a pt. S 15 deg. 26’ E. 22,560 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 1, Headgate No. 4 (Priority No. 40C): 50 cfs, cond., out of Fish Creek at a pt. S 21 deg. 22’ E. 17,665 ft. to the NW corner of Sec. 6, T5N, R82W,

6th P.M. Four Counties Ditch No. 3, Headgate No. 9 (Priority No. 40D): 35 cfs, cond., out of Hogan Creek at a pt. S 65 deg. 22’ E. 15,450 ft. to the NW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 8 (Priority No. 40E): 210 cfs, of which 36 cfs are absolute and 174 cfs are cond., of 260 cfs out of Long Park Creek at a pt. S 42 deg.48’ E. 9,195 ft. to the NW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 7 (Priority No. 40F): 130 cfs, of which 26 cfs are absolute and 104 cfs are cond., out of Fishhook Creek at a pt. S 39 deg.16’ E. 8,555 ft. to the NW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 6 (Priority No. 40G): 25 cfs, cond., out of Unnamed Creek No. 5 trib. to Fishhook Creek at a pt. S 83 deg.38’ E. 6,955 ft. to the NW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 5 (Priority No. 40H): 20 cfs, cond., out of Unnamed Creek No. 4, trib. to Fishhook Creek, at a pt. N 86 deg.30’ E. 5,625 ft. to the NW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 4 (Priority No. 40I): 15 cfs, of which 13 c.f.s are absolute and 2 cfs are cond., out of Unnamed Creek No. 3, trib. to Walton Creek, at a pt. N 87 deg.30’ E. 8,245 ft. to the SW corner of Sec. 7, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Headgate No. 3 (Priority No. 40J): 20 cfs, of which 18 cfs are absolute and 2 cfs are cond., out of Unnamed Creek No. 2, trib. to Walton Creek, at a pt. N 23 deg.04’ W. 2,165 ft. to the SW corner of Sec. 7, T5N, R82W, 6th P.M. Branch of Four Counties Ditch No. 3, Headgate No. 12 (Priority No. 40K): 35 cfs, of which 21 c.f.s are absolute and 14 cfs are cond., out of Unnamed Creek No. 7, trib. to Walton Creek, at a pt. N 84 deg.30’ E. 4,565 ft. to the SW corner of Sec. 19, T5N, R82W, 6th P.M. Branch of Four Counties Ditch No. 3, Headgate No. 11 (Priority No. 40L): 25 cfs, of which 9 cfs are absolute and 16 cfs are cond., out of Unnamed Creek No. 6, trib. to Walton Creek, at a pt. S 47 deg.12’ E. 4,995 ft. to the SW corner of Sec. 19, T5N, R82W, 6th P.M. Branch of Four Counties Ditch No. 3, Headgate No. 10 (Priority No. 40M): 15 cfs, of which 7 cfs are absolute and 8 c.f.s are cond., out of Walton Creek, at a pt. N 78 deg.28’ E. 2,155 ft. to the NE corner of Sec. 19, T5N, R82W, 6th P.M. Four Counties Ditch No. 1 (Priority No. 40N): 30 cfs, cond., from surface and ground flows along Four Counties Ditch No. 1 in Water Dist. 58, other than at pt. of diversion described in Priority Nos. 40 through 40C above, at or above 9,567 ft. above sea level. Four Counties Ditch No. 3 and its Branch (Priority No. 40O): 125 cfs, cond., from surface and ground flows along Four Counties Ditch No. 3 in Water Dist. 58, other than at pt. of diversion described in Priority Nos. 40D through 40M above, at or above 9,567 ft. above sea level. Four Counties Ditch No. 3, Enl. and Ext.: Priority Nos. 45 through 45M, Water Dist. 58, Civil Action 3926, Routt County Dist. Court, Decree: 5/30/1972. Decreed for dom., mun. and power and including approp. rights of exchange and substitution, aug. and exchange for replacement purposes and all other aug. uses. Pursuant to the decree entered in Case No. W-1091-76, Dist. Court, Water Div. 6, these water rights may be stored in Bear Reservoir. The Four Counties Ditch No. 3, Enl. and Ext. has the following decreed pt. of diversion and amt.: Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 9 (Priority No. 45): 6 cfs, cond., out of Hogan Creek at a pt. N 82 deg.00’E 14,160 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 13 (Priority No. 45A): 6 cfs, cond., out of an unnamed trib. of Walton Creek at a pt. N 82 deg.58’E 17,850 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 14 (Priority No. 45B): 49 cfs, cond., out of Storm King Creek at a pt. S 83 deg.25’E 22,850 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 15 (Priority No. 45C): 14 cfs, cond., out of Beaver Creek at a pt. S 86 deg.32’E 26,510 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 16

(Priority No. 45D): 70 cfs, cond., out of an unnamed trib. of Walton Creek at a pt. S 61 deg.02’W 589 ft. to the NE corner of Sec. 26, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 17 (Priority No. 45E): 52 cfs, cond., out of an unnamed trib. of Fish Creek at a pt. S 68 deg.26’E 24,640 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 18 (Priority No. 45F): 30 cfs, cond., out of an unnamed trib. of Fish Creek at a pt. S 59 deg.00’E 20,570 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 19 (Priority No. 45G): 70 cfs, cond., out of Fish Creek at a pt. S 37 deg.03’E 18,800 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 20 (Priority No. 45H): 130 cfs, cond., out of the Middle Fork of Fish Creek at a pt. N 36 deg.02’E 27,260 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 21 (Priority No. 45I): 12 cfs, cond., out of an unnamed trib. of the Middle Fork of Fish Creek at a pt. S 33 deg.25’E 26,910 ft. to the NW corner of Sec. 6, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 22 (Priority No. 45J): 75 cfs, cond., out of Harrison Creek at a pt. S 65 deg.25’E 4,610 ft. to the SW corner of Sec. 31, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext., Headgate No. 23 (Priority No. 45K): 50 cfs, cond., out of an unnamed trib. of Harrison Creek at a pt. N 65 deg.25’E 6,045 ft. to the SW corner of Sec. 31, T5N, R82W, 6th P.M. Four Counties Ditch No. 3, Enl. and Ext. (Priority No. 45L): 138 cfs, cond., from surface and ground flows along Four Counties Ditch No. 3, Enl. and Ext., from Headgate No. 9 to Headgate No. 21 in Water Dist. 58, other than at pt. of diversion described in decrees for Headgates No. 9 through 21 at or above 9,567 ft. above sea level. Four Counties Ditch No. 3, Enl. and Ext. (Priority No. 45M): 162 cfs, cond., from surface and ground flows along Four Counties Ditch No. 3, Enl. and Ext., in Water Dist. 58, between Rabbit Ears Reservoir and Headgate No. 23, other than at pt. of diversion described in decrees for Headgates No. 22 through 23 at or above 9,500 ft. above sea level. Bear Reservoir: Decreed for 11,614.2 AF, absolute, with a priority date of 9/30/1961, Priority No. 52A in Water Dist. No. 58, Civil Action No. 3538, Routt County Dist. Court on 3/30/1964 as amended 11/4/1968. Decreed for irr., stock, dom., mun., ind., pisc. and rec. uses and approp. rights of exchange and substitution, aug. and exchange for replacement purposes and all other aug. uses. Fills from the Yampa River and tributaries and located at a pt. on the right abutment of dam from said reservoir whence the W¼ corner Sec. 32, T4N, R84W 6th P.M. bears S 47 deg.35’ W at a dist. of 4,633 ft. in the SE¼ Sec. 29, T4N, R84W, 6th P.M. Bear Reservoir Enl.: Decreed for 22,105.8 acre ft., cond., with a priority date of 10/21/1971, in Case No. W-414-72, Water Div. No. 6 on 10/29/1973. Fills from the Yampa River and tributaries for water storage and approp. rights of exchange and substitution, aug. and exchange for replacement purposes and all other aug. uses. The dam is located in the SW¼ SE¼, Sec. 29, T4N, R84W, 6th P.M. The reservoir will inundate portions of Sec.s 29, 30, 31, T4N, R84W, portions of Sec. 36 T4N, R85W, and portions of Sec. 1, T3N, R85W, 6th P.M. The S.ern terminus of the dam embankment at the right abutment is located 269.15 ft. N 77 deg.57’ E of the S ¼ corner of Sec. 29. The centerline of the dam bears N 18 deg.30’ E from said S.ern terminus at the right abutment a dist. of 800 ft. All bearings are referenced to the S line of Sec. 29, which bears N 87 deg.14’59” W. Pleasant Valley Reservoir: Decreed for 40,720 acre ft. out of 43,220 acre ft. (of the 40,720 acre ft., 20,854 acre ft. are absolute and 19,866 are cond.) with a priority date of June 29, 1959, Priority No. 39A, in Water Dist. No. 58, Civil Action 3926, Routt County Dist. Court, as modified by decree entered in Cases No. W-946-76 and 01CW41, Water Div. No. 6. Fills from the Yampa River tributaries for irr., dom., stock watering, mun., ind. and power uses and approp. rights of exchange and

substitution, aug. and exchange for replacement purposes and all other aug. uses. The Reservoir has the following alternate pt. of storage: Orig. Decreed Location: The left abutment is located at a pt. whence the SW corner of Sec. 33, T. 5 N., R. 84 W., bears S. 38˚42’ W. at a dist. of 11,076.6 ft. Alternate Storage Location No. 1: Woodchuck Reservoir: The intersection of the centerline axis of said dam and the left abutment thereof being located at a pt. whence the SW corner of Sec. 30, T4N, R84W, 6th P.M., bears S 66 deg.30’ W a dist. of 16.660 ft. Alternate Storage Location No. 2: Yamcolo Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a pt. whence the E¼ corner of Sec. 16, T1N, R86W, 6th P.M., bears N 41 deg.53’ E a dist. of 873 ft. Alternate Storage Location No. 3: Bear Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a pt. whence the W¼ corner of Sec. 32, T4N, R84W, 6th P.M., bears S 47 deg.35’ W a dist. of 4633 ft. Alternate Storage Location No. 4: Morrison Creek Reservoir: As decreed in Case No. 07CW61, the centerline of the Morrison Creek Reservoir dam intersects Morrison Creek at a location within the SE1/4, NE1/4, Sec. 10, T. 3 N., R. 84 W., 6th P.M., at a pt. located 244 ft. W. of the E. Sec. line and 1,539 ft. S. of the N. Sec. line of said Sec. 10. Pleasant Valley Feeder Canal: decreed in Civil Action 3926, Routt County Dist. Court, as modified by decree and entered in Case No. W-946-76, Water Div. No. 6, granting alternate places of storage, with a priority date of 6/29/1959 and Priority No. 39 for 300 cfs, cond. The canal is decreed for irr., dom., stock watering, mun., ind., power, and approp. rights of exchange and substitution, aug. and exchange for replacement purposes and all other aug. uses. The Canal diverts water from Walton Creek and McKinnis Creek and has decreed pt. of diversion and alternate pt. of storage are located as follows: Orig. Decreed Pt. of Diversion: The Canal takes its water from Walton Creek and McKinnis Creek: The first headgate and pt. of diversion is located on the left bank of Walton Creek at a pt. whence the SW Corner of Sec. 10, T. 5 N., R. 84 W. bears S. 55˚41’ W. a dist. of 5112.6 ft. The second headgate is located on the left bank of McKinnis Creek at a pt. whence the SW Corner of Sec. 16, T. 5 N., R. 84 W. bears S. 73 deg. 22’ W. a dist. of 7,576.6 ft. Alternate Storage Location No. 1: Woodchuck Reservoir: The intersection of the centerline axis of said dam and the left abutment thereof being located at a pt. whence the SW corner of Sec. 30, T4N, R84W, 6th P.M., bears S 66 deg.30’ W a dist. of 16,600 ft. Alternate Storage Location No. 2: Yamcolo Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a pt. whence the E¼ corner of Sec. 16, T1N, R86W, 6th P.M., bears N 41 deg.53’ E a dist. of 873 ft. Alternate Storage Location No. 3: Bear Reservoir: The intersection of the centerline axis of said dam and the right abutment thereof being located at a pt. whence the W¼ corner of Sec. 32, T4N, R84W, 6th P.M., bears S 47 deg.35’ W a dist. of 4633.0 ft. Alternate Storage Location No. 4: Morrison Creek Reservoir: As decreed in Case No. 07CW61, the centerline of the Morrison Creek Reservoir dam intersects Morrison Creek at a location within the SE1/4, NE1/4, Sec. 10, T. 3 N., R. 84 W., 6th P.M., at a pt. located 244 ft. W. of the E. Sec. line and 1,539 ft. S. of the N. Sec. line of said Sec. 10. Yellow Jacket Ditch: The orig. construction was decreed on 9/22/1892 by the Dist. Court, Water Dist. No. 58 with an Approp. date of 10/22/1888, in the amt. of 2.0 cfs An Enl. right was decreed by the Dist. Court, Water Dist. No. 58 in Civil Action No. 2475 with an Approp. date of 6/1/1919, and in the amt. of 4.0 cfs The hist. consumptive use credits were quantified in Case No. 95CW78, Water Div. 6, and changed from direct flow to storage within Stagecoach Reservoir, mun., dom., ind., irr., stock watering, rec., pisc., power generation, evap., aug. and exchange and approp. rights of exchange and substitution, aug. and exchange for replacement purposes and all other aug. uses. As decreed in Case No. 95CW78, the hist. consumptive use in

acre ft. per month for the Yellow Jacket Ditch and available for storage in Stagecoach Reservoir is as follows:

April May June July August September October Total

0.5 16.5 52.1 48.9 23.8 5.5 0.7 148.0Union Ditch: The Orig. construction was decreed on 9/22/1892 by the Dist. Court, Water Dist. No. 58 with an Approp. date of 11/14/1889, in the amt. of 7.0 cfs An Enl. right was decreed by the Dist. Court, Water Dist. No. 58 in Civil Action No. 2475 with an Approp. date of 6/1/1918, and in the amt. of 2.0 cfs The hist. consumptive use credits were quantified in Case No. 95CW78, Water Div. 6, and changed from direct flow to storage within Stagecoach Reservoir, mun., dom., ind., irr., stock watering, rec., pisc., power generation, evap., aug. and exchange and approp. rights of exchange and substitution, aug. and exchange for replacement purposes and all other aug. uses. Case No. 95CW78 further recognized the use of the Union Ditch for irr. for wetland development and maintenance, water supply for water fowl ponds. As decreed in Case No. 95CW78, the hist. consumptive use in acre ft. per month for the Union Ditch and available for storage in Stagecoach Reservoir is as follows:1

April May June July August September October Total

1.5 20.7 165.3 154.7 36.4 2.9 0.0 381.5Little Chief Ditch: The Orig. construction was decreed on 9/22/1892 by the Dist. Court, Water Dist. No. 58 with an Approp. date of 9/2/1904, in the amt. of 0.67 cfs An Enl. right was decreed by the Dist. Court, Water Dist. No. 58 in Civil Action No. 2475 with an Approp. date of 6/1/1919, and in the amt. of 1.33 cfs The hist. consumptive use credits were quantified in Case No. 95CW78, Water Div. 6, and changed from direct flow to storage within Stagecoach Reservoir, mun., dom., ind., irr., stock watering, rec., pisc., power generation, evap., aug. and exchange and approp. rights of exchange and substitution, aug. and exchange for replacement purposes and all other aug. uses. As decreed in Case No. 95CW78, the hist. consumptive use in acre ft. per month for the Little Chief Ditch is as follows:

April May June July August September October Total

0.8 4.8 12.3 6.8 1.6 0.1 0.0 26.4Little Morrison Diversion and Little Morrison Diversion Alternate: Decreed in Case No. 94CW149, Dist. Court, Water Div. No. 6 with an Approp. date of 12/30/1994, in the amt. of 50 cfs, cond., from Morrison Creek for mun., ind., dom., irr., stock watering, power production, rec., fishery and aesthetic purposes, approp. rights of exchange and substitution, aug. and exchange for replacement purposes and all other aug. uses, and for use by exchange or for aug. purposes, including diversion into Little Morrison Creek for such uses and for storage in Stagecoach Reservoir for such uses, including later releases from storage for such uses. The right may divert from the following two pt.: Little Morrison Diversion - SE¼ SW¼, Sec. 14, T. 3 N., R. 84 W., 6th P.M. at a pt. 400 ft. from the S. line and 1,500 ft. from the W. line of Sec. 14. Little Morrison Diversion, Alternate Pt. - N½ NE¼ NW¼, Sec. 23, T. 3 N., R. 84 W., 6 th P.M., 300 ft. S. of the N. Sec. line of said Sec. 23 and 1,950 ft. E. of the W. Sec. line of said Sec. 23. 1 The Decree entered in Case No. 95CW78 further recognized that a portion of Union Ditch hist. consumptive use credits could be used for irr. and wetland development pursuant to the decree entered in Case No. 89CW16, Dist. Court, Water Div. 6. This decree does not change or modify the terms and conditions entered in Case No. 95CW78 concerning the ability to store the hist. consumptive use credits of the Union Ditch in Stagecoach Reservoir.

Stagecoach Reservoir, Second Filling: Decreed in Case No. 97CW84, by the Dist. Court, Water Div. No. 6 on 12/27/2000, in for 6,670 AF absolute with an Approp. date of 3/1/1996. The right abutment of the dam for Stagecoach Reservoir is located whence the W. ¼ corner of Sec. 32, T4N. R84W, 6th P.M. bears S. 47 deg.35’ W. a dist. of 4,633 ft. Water stored in the reservoir under this right may be used for mun., ind., dom., irr., stock watering, power production, rec., fishery and aesthetic purposes, and approp. rights of exchange and substitution, aug. and exchange for replacement purposes and all other aug. uses. Yamcolo Reservoir. The water rights set forth below are decreed for diversion and/or storage in Yamcolo Reservoir. Coal Creek Diversion: Decreed for 100 cfs, cond., in Case No. 03CW58 with a priority date of 8/6/2003 and diverts from Coal Creek for mun., ind., dom., irr., stock watering, power production, rec., fishery, reservoir evap., and aesthetic purposes, and for use by exchange, for approp. rights of exchange and substitution, and for aug. and exchange for replacement purposes, including diversion from Coal Creek for such uses and for storage in Yamcolo Reservoir for such uses, including later releases from storage for such uses. The pt. of diversion is located 2200 ft. W. of the E. line and 400 ft. S. of the N. line of Sec. 16, T1N, R86W of the 6th P.M. Pleasant Valley Reservoir: described in Paragraph 4.B. (1)(v) above at its Alternate Storage Location No. 2: Yamcolo Reservoir, in the amt. of 40,720 AF, cond. Pleasant Valley Feeder Canal: described in Paragraph 4.B. (1)(vi) above, at its Alternate Storage Location No. 2: Yamcolo Reservoir, in the amt. of 300 cfs, cond. Yamcolo Reservoir, First Enl.: Decreed for 1,000 AF in Case No. 80CW175 with a priority date of 9/4/1951, and made absolute in Case No. 82CW211. The Reservoir is filled from the Yampa River and Coal Creek for water storage, irr., dom., ind., and all other beneficial uses. The centerline axis of the dam intersects the left abutment at a pt. whence the E¼ corner of Sec. 16, T1N, R86W, 6th P.M., bears S 63 deg. 47’20” E at a dist. of 2355.2 ft. Until such time as the following water rights are decreed to allow aug. of the various uses contemplated by this plan, they shall not be used by the Applicant in this plan for aug. However, if and when the court enters a decree allowing these rights to be used to augment depletions, then these rights shall be allowed in this plan for that purpose, subject to such limitations as may be imposed in the decree granting the change in use. Yamcolo Reservoir: Decreed for 6,531.9 AF in Civil Action No. 3538 with a priority Date of 2/26/1963, and made absolute in Case No. 82CW210. The Reservoir is filled from the Yampa River and Coal Creek for storage, irr., dom. and manufacturing uses. The centerline axis of the dam intersects the left abutment at a pt. whence the E¼ corner of Sec. 16, T1N, R86W, 6th P.M., bears S 63 deg. 47’20” E at a dist. of 2355.2 ft. Yamcolo Reservoir, Second Enl.: Decreed for 525 AF in Case No. 89CW139 with a priority date of 9/6/1988, and made absolute in Case No. 03CW04, and Case No. 09CW60. The Reservoir is filled from Bear River and Coal Creek for mun., dom., ind., fish propagation, recreation, irr. and the right to the use, reuse and successive use of the water. The centerline axis of the dam intersects the left abutment at a pt. whence the E¼ corner of Sec. 16, T1N, R86W, 6th P.M., bears S 63 deg. 47’20” E at a dist. of 2355.2 ft. Yamcolo Reservoir, Second Filling: Decreed for 8,000 AF in Case No. 81CW263 with a priority date of 2/27/1981, of which 914 AF are absolute and 7,086 are cond. The Reservoir is filled from Bear River and Coal Creek for irr., stock watering and dom. uses. The centerline axis of the dam intersects the left abutment at a pt. whence the E¼ corner of Sec. 16, T1N, R86W, 6th P.M., bears S 63 deg. 47’20” E at a dist. of 2355.2 ft. Complete Statement of Plan for Aug.: Service Area. The Dist. requests approval of a Plan for Aug. to augment out-of-priority depletions associated with diversion structures to be augmented located within the Dist. Service Area A as described herein and shown on the map (Exhibit 1) filed with this Application. Depletions. The depletions

associated with the various diversion structures will be determined based on reasonable assumptions, methods and calculations. Stream depletions will be calculated individually and cumulatively and on a monthly basis. During periods when an admin. call is placed and enforced regarding the diversions of the Dist. contractees, calculated out-of-priority depletions will be replaced using one or more of the Dist. aug. sources identified above. Dom. In-House Use Diversions and Depletions: Diversions associated with dom. in-house will be calculated according to the following schedule: Single family home = 3.5 persons using 100 GPCD (gallons/capita/day) = 350 gallons per day = 1 Equivalent Residential Unit (EQR). Apartments = 0.75/EQR unit. Mobile Homes = 0.75/EQR unit. A substantial portion of in-house diversions will return to the stream system following wastewater treatment. The consumptive use, as a percent of diversions, is assumed to be as follows: Central treatment system = 5.0%. Septic tank/leachfield system = 10%. Evap. system = 100%. Comm. Use: The diversion rate, estimated depletions, and volume of water necessary to support comm. applications will be calculated on a case-by-case basis. The following EQR ratings may be used for estimating the diversions and consumptive uses for comm. or ind. applications: Office = 0.60 EQR/1,000 S.F. Warehouse = 0.30 EQR/1,000 S.F. Retail Sales = 0.60 EQR/1,000 S.F. The consumptive use, as a percent of diversions, is assumed to be as follows: Central treatment system = 5%. Septic tank/leachfield system = 10%. Evaporative system = 100%. Irr. Water Use: Evapotranspiration Calculation Methodology: This plan will replace out-of-priority depletions associated with lawn and crop irr. The irr. consumptive use is calculated by multiplying the irrigated area of the contract user by the crop per unit area of consumptive use. The generally accepted methodology varies by crop type. The most common crop types that will be considered for potential contracts are bluegrass, pasture grass and alfalfa. If a non-traditional crop type is proposed, consumptive use will be calculated using a methodology generally accepted by the Div. Engineer, Water Div. 6 that incorporates growth coefficients specific to that crop. Evapotranspiration Calculation Inputs - Climatic Data: This plan considers the use of site-specific temperature and precipitation data for each individual contractee. Site-specific average annual precipitation will be determined using isohyetal lines calculated for the 1951-1980 period by the Colorado Climate Center or other methodology to be approved by the Div. Engineer. Alternative methods for calculating site-specific climatic data may be used to calculate site-specific climatic data upon acceptance of such methodology and approval by the Div. Engineer and may include the PRISM (Parameter Regression on Independent Slopes Model) Model. Diversion Rate: Total diversion requirements will be calculated based upon expected application rates for the different irr. methods. The application rate for sprinkler irr. will be assumed to be 1.25 times the C.U. rate (80% efficient), the application rate for flood irr. will be assumed to be 2.0 times the C.U. rate (50% efficient) and the application rate for drip irr. will be assumed to be 1.0 times the C.U. rate (100% efficient). Surface Evap. Annual surface evap. from small ponds, channels or ditches for proposed contracts will be calculated according to the following methodology: Gross annual evap. will be calculated using NOAA Technical Report NWS 33, Evap. for the Contiguous 48 United States, using the isopleths of annual shallow lake evap. The gross annual evap. will be distributed on a monthly basis. Evap. estimates will be provided for each month, although for the purposes of aug., replacement of evap. depletions will not be required during periods of ice cover, which may be assumed to occur when the average daily temperature for that month is consistently equal to or less than 32 deg. Fahrenheit as measured during operation of the plan. Thus, monthly evap. will be modified according to average monthly temperatures. The potential for adjusting gross evap. for effective precipitation will be considered on a case-by-case basis. If

effective precipitation can be considered, it will be based on average monthly precipitation calculated as described above. Livestock Water Use. 11 gallons of water per day per head and will be considered 100 percent consumptive. Delayed Depletions. The Dist. will account for delayed depletions with respect to any wells authorized under this plan. Stream depletions resulting from well pumping are both lagged and attenuated. The stream depletions from some wells are expected to be delayed significantly but may be reasonably expected to reach a steady state. Other wells will be completed in alluvial formations and will have little or no delayed impact. In order to replace out-of-priority depletions in time and amt., delayed depletion factors have been developed using the Glover well pumping depletion model. The depletion factors have been developed for alluvial and bedrock aquifers and for three geographic bands, based on dist. from the stream. The bands are described as follows: Band #1: 100 to 750 ft. from the stream, Band #2: 751 to 1750 ft. from the stream and, Band #3. More than 1750 ft. from the stream. For wells located within alluvial aquifers and within 100 ft. of a stream the depletions are assumed to occur with the same monthly distribution pattern as the pumping. To determine appropriate stream depletion factors for each of the three bands, a series of Glover analyses were conducted. Wells in both bedrock aquifers and alluvial aquifers were evaluated for locations 500, 1000 and 2500 ft. from a stream as summarized below. Monthly Lagged Stream Depletion Factors, For Alluvial and Bedrock Wells as shown in the Application. The depletion factors are assumed to apply to both well pumping diversions and return flows. Thus, for determining the timing and amt. of aug. storage releases the depletion factors are applied to calculated depletions. Non-Delayed Depletions: Diversions from springs or surface diversions from creeks or rivers or diversions from alluvial aquifers within 100 ft. of the stream are assumed to have no delayed depletion impact. Replacements. Out of priority depletions calculated as proposed above will be replaced by releases from the Dist. In Basin Supply and Main Stem Supply in time, quantity and amt. to prevent injury to senior rights. The substituted water will be of a quality and quantity so as to meet with requirements for which the water diverted by senior appropriators has normally been used. Accounting. Using water data compiled by contract allottees, the Dist. will account annually for the diversions and depletions to the Div. of Water Resources as required by the Div. Engineer to administer the Dist. aug. program. The Dist. will ensure that the total out-of-priority depletions under the subject plan for aug. will not exceed the replacement water available to the Dist. Transit Losses. Deliveries from replacement sources are subject to a transit loss rate. Owners or Reputed Owners of the lands upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use as stated in Application. Second Claim: Approval Of Approp. Rights Of Exchange. The Dist. seeks approp. exchange rights because some aug. under its plan will be introduced to the river system downstream of the authorized diversions to be augmented. The exchanges will allow Dist. contractees to continue diversions at their respective locations during times when there is a downstream call by a senior water right. The Dist. will augment its contractees’ out-of-priority depletions with the water supplies described above. The exchanges requested herein are to serve the consumptive use amt. associated with diversions by Dist. contractees within Area A. Names of Water Rights: UYWCD Elk River Basin Exchange. UYWCD Elk River Mainstem Exchange. UYWCD W. Fork of the Elk River Mainstem Exchange. Exchange Reaches: UYWCD Elk River Basin Exchange: Exchange From Pt.: The confluences of the Major Tributaries with the Elk River and all of the downstream termini as described above. Exchange To Pt.: The diversions and locations of depletions to natural streams of Dist. contractees within Area A-1; these diversions and depletions may extend to each and all of the upstream termini of the Elk

River and Major Tributaries as described above. UYWCD Elk River Mainstem Exchange: Exchange From Pt.: the confluence of the Yampa and Elk River located in the NE¼ NW¼, Sec. 18, T. 6 N., R. 85 W., 6th P.M. a dist. of 717 ft. from the N. Sec. line and 1301 ft. from the W. Sec. line (UTM X = 333142, UTM Y = 4483285). Exchange To Pt.: The diversions and locations of depletions to natural streams of Dist. contractees within Area A; these diversions and depletions may extend to each and all of the upstream termini of the Elk River and Major Tributaries as described above. UYWCD W. Fork of the Elk River Mainstem Exchange. Exchange From Pt.: the confluence of the Yampa and W. Fork of the Elk River located in the SW¼ NE¼, Sec. 13, T. 6 N., R. 86 W., 6th P.M. a dist. of 1710 ft. from the N. Sec. line and 2028 ft. from the E. Sec. line (UTM X = 332115, UTM Y = 4483032). Exchange To Pt.: The diversions and locations of depletions to natural streams of Dist. contractees within Area A-2 described herein; these diversions and depletions may extend to each and all of the upstream termini of the W. Fork of the Elk River and Major Tributaries described above. Sources of Exchange (Substitute) Supply: UYWCD Elk River Basin Exchange: The In Basin Supply described in Sub-Sec. 4. A. above. UYWCD Elk River Mainstem Exchange: The Mainstem Supply described in SubSec. 4. B. above. UYWCD W. Fork of the Elk River Mainstem Exchange: The Mainstem Supply described in Sub-Sec. 4. B. above. Amt. Claimed: UYWCD Elk River Basin Exchange: 1.9 cfs, cond., for the entire Area A-1 and not to exceed 0.3 cfs within any one of the tributaries located within Area A-1 with the exception of Salt Creek which will not exceed 0.5 cfs. UYWCD Elk River Mainstem Exchange: 1.9 cfs, cond., for the entire Area A-1 and not to exceed 0.3 cfs within any one of the tributaries located within Area A-1 with the exception of Salt Creek which will not exceed 0.5 cfs. UYWCD W. Fork of the Elk River Mainstem Exchange: The rate of exchange is 0.2 cfs, cond., for the entire Area A-2 and not to exceed 0.2 cfs within any one of the tributaries located within Area A-2. Approp. Date of Approp.: 12/31/2015. How Approp. was Initiated: Approval of Applicant’s Board of Directors and subsequent filing of this Application. Date Water Applied to Beneficial Use: Not Applicable. Proposed Uses: Types: Dom., irr., stock watering, recreation, mun., comm., and ind. Place: Within Area A described above. 32 pgs.

15CW3060, RIO BLANCO COUNTY Application for Water Rights and Storage Rights. Applicant: Collins Mountain Ranch LLC, c/o Tim Collins, 100 S. University Blvd. Unit 3,Denver, CO 80209. Direct all pleadings to Cynthia F. Covell and Andrea L. Benson, Alperstein & Covell P.C., 1600 Broadway, Suite 900, Denver, CO 80202. Structures: Applicant seeks water rights for the structures described in Table 1 and shown on Figures 2 – 4 of the application.

Table 1

Name Location UTM NAD 83 Zone 13

Amt/Use Source App. Date How app. initiated

X CoordinateNorthing

Y CoordinateEasting

Lower Elk Spring (Fig. 2)

252452 4430768 5 gpm (0.011cfs) stock

Developed spring trib

04/19/1979

Development of spring;

and watering and wildlife habitat and watering

to Flag Crk use of water

Elk Spring (Fig. 2)

252636 4430538 25 gpm (0.055 cfs)Stock watering and wildlife habitat and watering; fills Elk Spa Pond

Undeveloped spring in drainage tributary to Flag Creek

04/19/1979

Delivery of water to fill Elk Spa Pond

Elk Spa Pond (Fig. 2)

252524 4430571 0.75 af (0.25 acre surface area)Fill and refill for stock watering and wildlife habitat and watering

Flag Creek; filled by Elk Spring and inflows

04/19/1979

Construction of 6’ impoundment filled by Elk Spring; collection and use of water

Upper Elk Pond (Fig. 2)

252581 4429889 0.1 af (0.04 acre surface area)Fill and refill for stock watering, wildlife

Inflows and springs tributary to Flag Creek

04/19/1979

Construction of 5’ impoundment; collection and use of water

habitat and watering

Copley Spring 4 (Fig. 2)

253192 4431197 5 gpm (0.011cfs) stock watering and wildlife habitat and watering

Developed spring trib to Flag Creek

04/19/1979

Development of spring; use of water

Ranch House Pond(Fig. 2)

253821 4431528 1.0 af (0.30 acre surface area)Fill and refill for domestic, irrigation, stock watering and wildlife habitat and watering

Overflow from Copley Springs 1 & 2; trib to Flag Creek

06/30/2008

Channeling of springs; use of water for domestic, stock watering and wildlife habitat and watering

Stack Yard Pond (Fig. 2)

254807 4431156 2.0 af (0.50 acre surface area)Fill and refill for irrigation, stock watering and wildlife habitat and

Inflow from Amick Seepage Ditch, tributary to White River

04/19/1979

Development of pond; use of water

watering

West Side Spring 1 (Fig. 2)

252670 4431197 5 gpm (0.011 cfs)stock watering and wildlife habitat and watering

Spring trib to Flag Creek

1979 Use of water

Horse Shoe/Chloie Spring (Fig. 2)

252843 44315071 10 gpm (0.022 cfs)stock watering and wildlife habitat and watering

Spring trib to Flag Creek

1979 Use of water

Wagon Wheel Spring 1 (Fig. 3)

249557 4427294 5 gpm (0.011 cfs)stock watering and wildlife habitat and watering

Developed spring trib to Flag Creek

2002 Collection of spring in tire stock tank and overflow pond; use of water

Wagon Wheel Spring 2 (Fig. 3)

249559 4427288 5 gpm (0.011 cfs)Stock watering and wildlife habitat and

Developed spring trib to Flag Creek

2002 Collection of spring in tire stock tank and overflow pond; use of water

watering

Lower Dewey Pond A (Fig. 3)

250029 4427104 0.15 af (0.05 acres surface area)Fill and refill for stock watering and wildlife habitat and watering

On channel pond; on a drainage trib to Flag Creek; inflows

2002 Development of pond; use of water

Chris Spring (Fig. 3)

250365 4426935 2 gpm (0.0044 cfs)stock watering and wildlife habitat and watering

Developed spring trib to Flag Creek

2002 Development of spring to fill stock tank; use of water

Lower Dewey Pond B(Fig. 3)

250579 44265300.1 0.1 af (0.04 acre surface area)Fill and refill for stock watering and wildlife habitat and watering

On channel pond; on a drainage trib to Flag Creek; inflows

2002 Development of pond; use of water

Lower Dewey Pond C

250723 4426475 0.1 af (0.04 acre

On channel pond; on a drainage

2002 Development of pond; use of water

(Fig. 3) surface area)Fill and refill for stock watering and wildlife habitat and watering

trib to Flag Creek; inflows

Lower Rubber Tire Spring (Fig. 3)

251136 4427183 5 gpm (0.011 cfs)stock watering and wildlife habitat and watering

Spring trib to Flag Creek

06/30/2008

Development of spring; use of water

Rubber Tire Spring(Fig. 3)

251405 4427096 5 gpm (0.011 cfs)stock watering and wildlife habitat and watering

Developed spring trib to Flag Creek

06/30/2008

Development of spring to fill stock tank; use of water

Upper Rubber Tire Spring(Fig. 3)

251480 4427189 5 gpm (0.011 cfs)stock watering and wildlife habitat and watering

Developed spring trib to Flag Creek

06/30/2008

Development of spring; use of water

Green Sign Pond A (Fig. 3)

251906 4427568 0.1 af (0.05 acres surface

On channel pond; on a drainage trib to Flag

1979 Development of pond and use of

area)Fill and refill for stock watering and wildlife habitat and watering

Creek; inflows

water

Red Canyon Pond A (Fig. 4)

253056 4423960 0.1 af (0.04 acre surface area)Fill and refill for stock watering and wildlife habitat and watering

On channel pond; on a drainage trib to East Flag Creek, tributary to Flag Creek; inflows

06/30/2008

Development of pond; use of water

Red Canyon Pond B (Fig. 4)

253281 4424134 0.20 af (0.06 acre surface area)Fill and refill for stock watering and wildlife habitat and watering

On channel pond; on a drainage trib to East Flag Creek, tributary to Flag Creek; inflows

06/30/2008

Development of pond; use of water

All structures described on Table 1 above are located in T. 1 S, R. 93 W and T. 1 S, R. 94 W of the 6th P.M. in Rio Blanco County, and are depicted on Figures 2 - 4 filed with the application. The UTM coordinates (Zone 13, NAD 83) were determined with the use of a hand-held GPS device. Source: With the exception of Stack Yard Pond, none of the

structures shown in Table 1 is filled from a ditch, and the pond structures are filled from surface inflows, springs, or a combination of surface inflows and springs; all are tributary to Flag Creek, which is tributary to the White River. Red Canyon Pond A and Red Canyon Pond B are tributary to East Flag Creek, which is tributary to Flag Creek. Stack Yard Pond is filled from a natural draw known to the Applicant as the Amick Seepage Ditch, tributary to the White River. The Ranch House Pond is filled by overflow from the Copley Springs Nos. 1 and 2. Copley Spring No. 1 was decreed in Case No. 79CW99, Water Division No. 5, on October 13, 1979, for 0.0066 cfs for domestic and livestock uses, with an appropriation date of December 31, 1920. Its decreed location is in the NE1/4 SE1/4, Section 1, Township 1 South, Range 94 West of the 6th P.M. at a point 3,817 feet South and 82 feet West of the Northeast Corner of said Section 1. Copley Spring No. 2 was decreed in Case No. 79CW98, Water Division No. 5, on October 13, 1979, for 0.0044 cfs for domestic and livestock uses, with an appropriation date of December 31, 1920. Its decreed location is in the NE1/4 SE1/4, Section 1, Township 1 South, Range 94 West of the 6th P.M. at a point 3,817 feet South and 220 feet West of the Northeast Corner of said Section 1. Appropriation and Beneficial Use: As shown on Table 1. How appropriation was initiated: As shown on Table 1. Application to beneficial use: The water rights were applied to beneficial use on or before the date of appropriation, provided, however, that the Applicant seeks a conditional decree for irrigation use of the Ranch House Pond water right. Amount claimed: As shown on Table 1. The water rights claimed are absolute except for the irrigation use of the Ranch House Pond, for which Applicant seeks a conditional water right. Uses: All of the water rights included in this application are used for stockwatering and wildlife habitat and watering. Except for Stack Yard Pond and Ranch House Pond, these water rights are not used for irrigation. The locations of stockwatering and wildlife habitat and watering uses are at the points of diversion or storage shown on Figures 2- 4. The Ranch House Pond is also used for domestic purposes associated with the adjacent house, and will be used for irrigation of approximately 5 acres as shown on Figure 2. The Stack Yard Pond is used for irrigation of approximately 50 acres, as shown on Figure 2. Applicant claims the right to fill and refill the ponds when in priority. Information regarding dams, capacity and surface area of Ponds: Elk Spa Pond and Upper Elk Pond have earthen impoundments as described in Table 1. The Ranch House Pond is an excavated pond that receives water from the Copley Springs 1 and 2. The other ponds are excavated and collect water from springs and inflows as described in Table 1. The total capacity of the ponds for which storage rights are sought herein is approximately 4.60 acre-feet. The total surface area of all ponds is approximately 1.37 acres. Additional Information: The structures described in this application do not require well permits. They are either undeveloped springs or naturally flowing springs that fit within the exception to the definition of a well set forth at § 37-92-103(14)(b), C.R.S. To the extent any of the springs are found to require well permits, Applicant will obtain well permits. Owner of land upon which structures are located: Applicant. (11 pages including exhibits.)

2015CW3061 ROUTT COUNTY, in Hayden Gulch, tributary to Williams Fork, tributary to Yampa River and in Watering Trough Gulch, tributary to Dry Creek, tributary to Yampa River, ROUTT COUNTY. APPLICATION (FIRST AMENDED) FOR SURFACE AND STORAGE RIGHTS (CONDITIONAL AND ABSOLUTE). 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. B. Storage Structures: LBI Pond 2, LBI Pond 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, 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 through use of “AquaMap” database, maintained by the 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 - NE4 SW4 of Sec. 29 at a point 2390 ft. from South section line and1558 ft. from West section line, UTM coordinates 305585 mE and 4470363 mN; LBI Spring 3 - NE4 NW4 of Sec. 31 at a point 778 ft. from N section line and 2966 ft. from East section line, UTM coordinates 304184 mE and4469427 mN.; LBI Spring 4 - NW4 NE4 of Sec. 31 at a point 795 ft. from N 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. B. Dam Centerlines of Storage Structures: 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. 4. Source of Water: A. Surface Structures: LBI Spring 1, LBI Spring 3, LBI Spring 4, LBI Spring 5 – tributary to Hayden Gulch, tributary to Williams Fork, tributary to Yampa River; LBI Spring 2 – tributary to Watering Trough Gulch, tributary to Dry Creek, tributary to Yampa River. B. Storage Structures: LBI Pond 2, LBI Pond 3 - tributary to Hayden Gulch, 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 2, LBI Spring 3, and LBI Spring 4: May 29, 2015 by using existing excavation pits for wildlife watering. LBI Spring 5: July 30, 2015 by excavating pit and using 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 and Storage 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); LBI Spring 2 - 0.011 cfs, absolute for wildlife watering, livestock; LBI Spring 3 - 0.011 cfs 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 4 - 0.011 cfs 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 absolute for wildlife watering, livestock and conditional for irrigation not to exceed 10 acres (located in NE4 SE4 of Section 31, and NW4 SW4 of Section 32), and to provide freshening flows to LBI Pond 3; LBI Pond 2 - 6.4 AF absolute (with the right to refill once) for

livestock, wildlife watering, recreation, aesthetic, piscatorial, and irrigation not to exceed 10 acres (located in NE4 SE4 of Section 31, and NW4 SW4 of Section 32); LBI Pond 3 - 3.0 AF conditional (with the right to refill once) for livestock, wildlife watering, recreation, aesthetic. C. If Irrigation Use: i. Acreage Historically Irrigated: none. Acreage Proposed to be Irrigated: approximately 50 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 Pond 2 will 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 2: Surface Area – 0.8 acre; Dam Height – 6 feet (total depth 10 feet due to excavation); Dam Length – 275 ft; Total Capacity - 6.4 acre-feet (all dead storage). LBI Pond 3: Surface Area – less than 0.7 acre; Dam Height – less than 10 feet; Dam Length – less than 275 feet; Total Capacity – 3.0 acre-feet (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 5 and LBI Pond 3, LBI claims the structures are integrated. See C.R.S. §37-92-301(4)(b)).

You are hereby notified that you will have until the last day of FEBRUARY, 2016 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 80477.

MARY ANN NINGERCLERK OF COURTROUTT COUNTY COMBINED COURTWATER DIVISION 6

/s/ Kristen LandeDeputy Court Clerk