. CASE NO. 15CW18 (REF NO. 08CW91).

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1 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S , as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of May, The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest as provided in the Water Right Determination and Administration Act of 1969, or be forever barred. THERE HAS BEEN FILED IN THIS PROCEEDING A CLAIM OR CLAIMS WHICH MAY AFFECT IN PRIORITY ANY WATER RIGHT CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST AS PROVIDED IN THE WATER RIGHT DETERMINATION AND ADMINISTRATION ACT OF 1969, OR BE FOREVER BARRED. CASE NO. 15CW18 (REF NO. 08CW91). Applicant: Andrea and Kenny Oliver, Dave Wood Road, Montrose, Co Application for Finding of Reasonable Diligence: WC Well NE1/4NW1/4SE1/4 of Section 10, T47N, R10W, NMPM. 2,034 feet north pf the south line and 1,975 feet west of the east section line. Source: Happy Canyon Creek and the Uncompahgre River. Appropriation Date: 09/21/2007. Amount Claimed: c.f.s. conditional for domestic use in one single family dwelling and irrigation of acre. The Application of file with the Water Court contains and outline of the work performed during the diligence period. MONTROSE COUNTY. CASE NO. 2015CW19 (REF NO 08CW110). Applicant: George Small Pipeline Association, Inc., P. O. Box 68, Paonia, CO 81428, Trey Denison, Highway 133, Paonia, CO Application To Make Absolute: George Small Pipeline SW1/4NE1/4NW1/4 of Section 29, T13S, R 91W, 6 th PM, 1,778 feet from the west line and 1,233 feet from north section line. Source: Coal Gulch, North Fork of Gunnison River. Appropriation Date: 04/15/2008. Amount claimed: 0.14 cfs absolute to fill Denison Pond for subsequent augmentation and stockwater. Denison Pond NE1/4SW1/4SW1/4 of Section 29, T13S, R 91W, 6 th PM, 1,285 feet north of the south line and 1,163 feet east of the west section line. Source: Coal Gulch, North Fork of the Gunnison River. Appropriation Date: 04/15/2008. Amount claimed: 1.40 ace-feet absolute for augmentation and stockwater. The application on file with the Water Court contains an outline of the work performed during the diligence period. DELTA COUNTY. CASE NO. 2015CW20 (REF NO. 08CW188). Applicant: Ronald Shull, 335 S. Kline St., Lakewood, CO Application For Finding of Reasonable Diligence: Shull Tailwater Diversion No 3 NW1/4SW1/4NW1/4 of Section 18, T51N, R10W, NMPM. 1,707 feet from the north line and 401 feet from the west section line. Source: Uncompahgre River. Appropriation Date: 10/07/2008. Amount Claimed: 0.12 c.f.s. conditional for supplemental irrigation of 4.78 acres, stockwater and wildlife. The application on file with the Water Court contains and outline of the work performed during the diligence period. DELTA COUNTY.

2 CASE NO. 2015CW21. Applicant: Kevin Parks, Road, Hotchkiss, CO Application for Absolute Surface Water Right: PPR Wastewater Ditch - SE1/4NE1/4NW1/4 of Section 15, T14S, R92W, 6 th P.M. 1,275 feet from the north line and 2,571 feet from the west section line. Source: North Fork of the Gunnison River. Appropriation Date: 02/22/2002. Amount Claimed:.35 c.f.s. absolute for wildlife, fish and stockwater. DELTA COUNTY. CASE NO. 2015CW22. Applicant: Patricia Polson, 1440 Black Canyon Road, Crawford, CO Application for Absolute Surface Water Right: Cowlick Spring NW1/4SE1/4 of Section 14, T51N, R7W, N.M.P.M. 2,238 feet from the south line and 1,777 feet from the east section line. Source: Smith Fork Creek and the Gunnison River. Appropriation Date: 01/15/1963. Amount Claimed: c.f.s absolute for stockwater. DELTA COUNTY. CASE NO. 2015CW23. Applicant: Silver Partners, LP, Ira Silver, 8815 Connecticut Avenue, Chevy Chase, MD Application for Absolute Storage Water Right: Silver Pond NW1/4NW1/4 of Section 4, T44N, R10W, N.M.P.M. 222 feet from the north line and 734 feet from the west section line. Source: San Miguel River. Appropriation Date: 01/02/2009. Amount Claimed: 0.62 c.f.s. absolute for irrigation. SAN MIGUEL COUNTY. CASE NO. 2015CW3028. DELTA COUNTY 1. Applicant: Karla Kuban, Hunters Ridge Lane, Crawford CO 81415, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, APPLICATION FOR WATER RIGHTS (SURFACE) 2. Name of Structure: KARLA KUBAN DITCH 3. Legal description of point of diversion: SE1/4NW1/4, Section 14, Township 51 North, Range 7 West, N.M.P.M., approximately 2026 feet south of the north section line and 2,666 feet east of the west section line. 4. Date of Appropriation: May 5, Amount: 0.1 c.f.s. absolute 5. Use: Irrigation of 6 acres and Stock water. 6. Source of Water: unnamed draw tributary to the Smith Fork of the Gunnison River. DELTA COUNTY. CASE NO. 2015CW3029. DELTA COUNTY 1. Grand Mesa Water Conservancy District, P.O. Box 129, Cedaredge CO 81413, Austin Kaiser, President ; by Aaron R. Clay, P.O. Box 38, Delta CO 81416, APPLICATION FOR STORAGE WATER RIGHT AND FOR CHANGE OF WATER RIGHT 2. Name of Structure: Blanche Park Reservoir 3. Legal Description of location of dam for reservoir: N1/2SW1/4, Section 35, Township 11 South, Range 94 West 6 th P.M. at a point whence the ¼ section corner between Sections 34 and 35, said Township and Range bears North feet (approximately 1320 feet east of the west section line and 2550 feet north of the south section line.) 4. Source: Surface Creek, tributary to the Gunnison River. 5. Appropriation Date: May 11, Uses: Irrigation of 5000 acres. All uses will be within the boundaries of the District. 7. Amount claimed: 125 acre-feet, conditional. 8. Proposed Change: Applicant proposes to change the location of the place of storage of acrefeet of the 29,000 acre-feet decreed to the Cactus Park Reservoir storage rights to the Peak Reservoir, located as above-described. The dam of Cactus Park Reservoir is located at a point whence the quarter corner of Sections 23 and 24, Township 13 South, Range 94 West of the 6th P.M. bears South 7º East 1,450 feet. All rights involved are conditional. The uses will not change from those decreed to the Cactus Park Reservoir. DELTA COUNTY.

3 CASE NO. 2015CW3030 DELTA COUNTY 1. The Dorothy R. Wisehart Trust, c/o Art Wisehart, Pitkin Road, Paonia CO by Aaron R. Clay, P.O. Box 38, Delta CO 81416, APPLICATION FOR SURFACE WATER RIGHTS, STORAGE RIGHTS AND FOR APPROVAL OF A PLAN FOR AUGMENTATION 2. Name of Structures: Wisehart Spring; Wisehart Reservoir; Wisehart Plan for Augmentation 3. Legal Descriptions of locations: Wisehart Reservoir: SW1/4SE1/4NE1/4, Section 1, Township 14 South, Range 92 West, 6 th P.M. approximately 883 feet south of the north section line and 2083 feet west of the east section line, UTM coordinates Easting , Northing , Zone 13. Note: this same reservoir was decreed for augmentation in case 09CW23; this augmentation plan supersedes, and is not in addition to, that plan. Wisehart Spring: SW1/4SE1/4NE1/4, Section 1, Township 14 South, Range 92 West, 6 th P.M. approximately 673 feet south of the north section line and 2252 feet west of the east section line. 4. Date of Appropriation: March 15, Amounts: Spring: 4 gpm (.01 c.f.s.); Reservoir a.f. 6. Uses: Domestic and commercial use in the Wisehart Springs Inn, containing ten bedrooms and a caretaker apartment. Augmentation and recreation in the reservoir; 7. Source of Water: Spring tributary to the North Fork of the Gunnison River. 8 Water right to be used for augmentation: Wisehart Reservoir; 9. Statement of the Plan for Augmentation: Applicant will use the spring only for in-house domestic and commercial (boarding) purposes in the Wisehart Inn. Applicant has other waters to use for lawn and garden irrigation. The Inn will take water from the spring, use it in-house, and return it to the North Fork River by an individual septic disposal system (tank and leach field.) Applicant has calculated the demand as acre-foot per month, with an annual demand of acre-foot. Using ISDS, the use will be 10 % consumptive. The annual consumptive use will be acre-foot. This amount will be replaced by release from Wisehart Reservoir as deemed necessary by the Division Engineer. DELTA COUNTY. CASE NO. 2015CW3031 (REF NO. 08CW163, 01CW108). Gunnison County, Gunnison River, Water District No. 4, Applicant: Hidden Mine Ranch Owners Association, Inc., a Colorado nonprofit corporation, c/o O Hayre Dawson, P.C., 120 North Taylor - P.O. Box 179, Gunnison, Colorado 81230, (970) Type of Application: Application to Make Absolute in Part and for Finding of Reasonable Diligence. Name of Structure: Upper Janet Spring. Location: In the SW1/4SW1/4NW1/4 of Section 14, Township 14 South Range 86 West, 6 th P.M., Gunnison County, Colorado, 2640 feet south of the north section line and feet east of the west section line. Drainage Basin: The subject spring is in the drainage of Baxter Gulch, a tributary of the Slate River, a tributary of the East River, a tributary of the Gunnison River. Quantity: 1.0 c.f.s. Appropriation Date: July 1, Use: Fire protection, wildlife watering, domestic use and irrigation of approximately 72 acres. Type of Structure: Spring. Name of Structure: Kevin Spring. Location: In the SW1/4NW1/4 of Section 14, Township 14 South Range 86 West, 6 th P.M., Gunnison County, Colorado, 1,689.6 feet south of the north section line and 2,534.4 feet east of the west section line. Drainage Basin: The subject spring is in the drainage of Baxter Gulch, a tributary of the Slate River, a tributary of the East River, a tributary of the Gunnison River. Quantity: 0.1 c.f.s. Appropriation Date: July 1, Use: Fire protection, wildlife watering, domestic use and irrigation of approximately 72 acres. Type of Structure: Spring. Name of Structure: Ross Spring. Location: In the SW1/4NW1/4 of Section 14, Township 14 South Range 86 West, 6 th P.M., Gunnison County, Colorado, 1, feet south of the north section line and feet east of the west section line. Drainage Basin: The subject spring is in the drainage of Baxter Gulch, a tributary of the Slate River, a tributary of the East River, a tributary of the

4 Gunnison River. Quantity: 0.1 c.f.s. Appropriation Date: July 1, Use: Fire protection, wildlife watering, domestic use and irrigation of approximately 72 acres. Type of Structure: Spring. Name of Structure: Lower Janet Spring. Location: In the SW1/4NW1/4 of Section 14, Township 14 South Range 86 West, 6 th P.M., Gunnison County, Colorado, 1,531.2 feet south of the north section line and 1,584 feet west of the east section line. Quantity: 0.1 c.f.s. Appropriation Date: July 1, Use: Fire protection, wildlife watering, domestic use and irrigation of approximately 72 acres. Type of Structure: Spring. Other: Applicant requests the springs be made absolute for fire protection, wildlife watering, and for a finding of reasonable diligence for irrigation of approximately 72 acres, and sets forth the actions taken toward the completion of appropriation and application of water to beneficial use as decreed, and abandons the conditional use of domestic for the springs. GUNNISON COUNTY. CASE NO. 2015CW3032 (REF NO. 07CW211). APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name, mailing address, and telephone number of Applicants: Crystal Creek Homeowners Association, County Road 742, Almont, CO 81210, telephone All communications concerning this Application should be sent to John R. Hill, Jr., Law of the Rockies, 525 North Main Street, Gunnison, CO Name of Structure: Excelsior Pond. Describe conditional water right (as to each structure) including the following information from previous decree: The decree in Case No. 07CW211, entered on May 1, 2009 by this Court decreed conditional water rights as follows: The Excelsior Pond First Enlargement is located in the NW3SW3, Section 9, Township 15 South, Range 83 West, 6th P.M. The outlet for Excelsior Pond is located 489 feet east of the west section line and 2594 feet north of the south section line (UTM Zone 13S, Easting , Northing ). The source of the Excelsior Pond is the Excelsior Creek, Tributary to the Taylor River. Amount decreed was 0.42 acre feet for recreational, piscatorial, and fire protection uses with a priority date of December 6, Blue Mesa Reservoir-Excelsior Pond Exchange. From Blue Mesa Reservoir up the Gunnison River to Almont, thence up the Taylor River to the confluence with Excelsior Creek, and thence up Excelsior Creek to Excelsior Pond located the within the NW3SW3 Section 9, Township 15 South, Range 83 West, 6th P.M. The outlet for Excelsior Pond is located at a point 489 feet east of the west section line and 2594 feet north of the south section line. Amount decreed was cfs for recreational, piscatorial, and fire protection uses with an appropriation date of December 28, Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: In 2010, the existing Excelsior Pond was re-excavated and lined and the berm rebuilt and reshaped. It conforms closely to the size and surface area as the pond which was decreed absolute in Case No. 07CW211. An Agri-Drain was installed to permit draining and administration. The cost was approximately $73,000. Applicant elected not to pursue the enlargement of the pond conditionally decreed in Case No. 07CW211. An application to the Upper Gunnison River Water Conservancy District for 0.5 acre-feet out of Blue Mesa Reservoir for the purpose of replacing evaporation from Excelsior Pond and operating the Blue Mesa Reservoir-Excelsior Pond Exchange is in process and will be submitted contemporaneously with this application. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. See above address. GUNNISON COUNTY

5 CASE NO. 2015CW3033 (Ref. 07CW119, 00CW67). Applicant: Terry W. Mowbray, P.O. Box 442, Crawford, CO Attorneys for Applicant: James D. Brown of Brown & Camp, LLC, P.O. Box 43, Delta, CO (970) Application for Finding of Diligence. Structures: Jewell Pond No. 1, Jewell Pond No. 2, Rosemary Pond No. 1, and Rosemary Pond No. 2. Original Decree: Entered August 21, 2001, as amended March 10, 2009, in Case No. 00CW67, Water Division No. 4. Decrees for findings of diligence: Case No. 07CW119, Water Division No. 4. Legal Description of Each Point of Diversion: Jewell Pond No. 1: SW1/4NE1/4NW1/4 of Section 26, T15S, R92West, 6 th P.M feet east of the West Line and 1,100 feet south of the North Line said Section 26, UTM Easting , Northing ; Jewell Pond No. 2: SW1/4NE1/4NW1/4 of Section 26, T15S, R92W 6 th P.M. at a point 1650 feet east of the West Line and 1000 feet south of the North Line said Section 26, UTM Easting , Northing ; Rosemary Pond No. 1: SW1/4SE1/4SW1/4 of Section 23, T15S, R92W, 6 th P.M. at a point 1,400 feet east of the West Line and 200 feet north of the South line said Section 23, UTM: Easting , Northing ; Rosemary Pond No. 2: SW1/4SE1/4SW1/4 of Section 23, T15S, R92W, 6 th P.M. at a point 1,500 feet east of the West Line and 150 feet north of the South line said Section 23, UTM: Easting , Northing Source: Cottonwood Creek, North Fork of the Gunnison, Gunnison River, in Water District No. 40. Appropriation dates: May 3, Amounts Claimed: 3 acre feet to be stored in each pond. (Jewell Pond No. 2 has been made absolute as to 0.6 acre foot; 2.4 acre feet remains conditional.) Proposed Use: recreation and irrigation. Outline of Work Toward Appropriation: The application contains a description of Applicant s continuing efforts to complete the appropriation of water and the application of water to the beneficial use under the conditional decrees. Names and Addresses of Owners: Applicant, Terry W. Mowbray, P.O. Box 442, Crawford, Colorado. DELTA COUNTY. CASE NO. 2015CW3034 (REF NO. 08CW159). Applicant: City of Ouray, P.O. Box 468, Ouray, Colorado 81427, by David L. Masters, The Masters Law Firm, P.C., 152 Colorado Avenue, Montrose, Colorado 81401, Application for Finding of Diligence: Minion Spring #3 NW¼SW¼ Section 31, Township 44 North, Range 7 West, New Mexico Principal Meridian, 1808 from the south section line and 255 from the west section line. Source: Canyon Creek, tributary to the Uncompahgre River. Appropriation Date: November 12, Amount Claimed: 0.03 c.f.s., conditional for recreational, geothermal, piscatorial, industrial and other beneficial uses. OURAY COUNTY. CASE NO. 2015CW3035 (REF NO. 08CW160). Minion #4 Applicant: City of Ouray, P.O. Box 468, Ouray, Colorado 81427, by David L. Masters, The Masters Law Firm, P.C., 152 Colorado Avenue, Montrose, Colorado 81401, Application for Finding of Diligence: Minion Spring #4 NW¼SW¼ Section 31, Township 44 North, Range 7 West, New Mexico Principal Meridian, 1720 from the south section line and 185 from the west section line. Source: Canyon Creek, tributary to the Uncompahgre River. Appropriation Date: November 12, Amount Claimed: 0.05 c.f.s., conditional for recreational, geothermal, piscatorial, industrial and other beneficial uses. OURAY COUNTY. CASE NO. 2015CW3036 (REF NO. 08CW161). Applicant: City of Ouray, P.O. Box 468, Ouray, Colorado 81427, by David L. Masters, The Masters Law Firm, P.C., 152 Colorado Avenue, Montrose, Colorado 81401, Application for Finding of Diligence: Peg Spring #1 NW¼SW¼ Section 31, Township 44 North, Range 7 West,

6 New Mexico Principal Meridian, 1791 from the south section line and 252 from the west section line. Source: Canyon Creek, tributary to the Uncompahgre River. Appropriation Date: November 12, Amount Claimed: 0.01 c.f.s., conditional for recreational, geothermal, piscatorial, industrial and other beneficial uses. OURAY COUNTY. CASE NO. 2015CW3037. Gunnison County, Gunnison River, Water District No. 4, Applicant: Hidden Mine Ranch Owners Association, Inc., a Colorado nonprofit corporation, c/o O Hayre Dawson, P.C., 120 North Taylor - P.O. Box 179, Gunnison, Colorado 81230, (970) Type of Application: Application For Surface and Storage Water Rights (Conditional). Name of Structure: HMR Reservoir. Location: The Center of the proposed dam will be in Section 11, Township 14 South, Range 86 West, 6th P.M., approximately 1,705 feet north of the south section line and 708 feet west of the east section line of said section, UTM coordinates (NAD83): Northing: Easting: Zone 13S. Point of Diversion: The proposed point of diversion is located in a flume box located in Baxter Gulch in the NW1/4SE1/4 of Section 11, Township 14 South, Range 86 West, 6th P.M., from whence the East Quarter Corner of said Section 11 bears N70 E a distance of 2233 feet more or less. UTM Coordinates (NAD83): Northing , Easting Zone 13S. Drainage Basin: The subject reservoir is in the drainage of Baxter Gulch, a tributary of the Slate River, a tributary of the East River, a tributary of the Gunnison River. Quantity: 7.75 acre feet (conditional). Appropriation Date: May 28, Use: Recreational, piscatorial, stockwatering, firefighting and irrigation of up to 72 acres within Hidden Mine Ranch subdivision. Type of Structure: Reservoir. Name of Structure: HMR Reservoir Ditch & Pipeline. Point of Diversion: At a point on the right bank of Baxter Gulch located in the NW1/4SE1/4 of Section 11, Township 14 South, Range 86 West, 6th P.M., from whence the East Quarter Corner of said Section 11 bears N70 E a distance of 2233 feet more or less. UTM Coordinates (NAD83): Northing , Easting Zone 13S. Drainage Basin: The subject ditch and pipeline is in the drainage of Baxter Gulch, a tributary of the Slate River, a tributary of the East River, a tributary of the Gunnison River. Quantity: 0.5 c.f.s. (conditional). Appropriation Date: May 28, Use: Recreational, piscatorial, stockwatering, firefighting and irrigation of up to 72 acres within Hidden Mine Ranch subdivision. Type of Structure: Ditch and Pipeline. Other: Applicant requests the reservoir and ditch & pipeline be made conditional for recreational, piscatorial, stockwatering, firefighting and irrigation of up to 72 acres within Hidden Mine Ranch subdivision, and sets forth the actions taken toward the completion of appropriation and application of water to beneficial use as decreed. GUNNISON COUNTY. CASE NUMBER 2015CW3038 (REF NO. 08CW74). Jack Tarr, Rancho Viejo Road, Suite B, San Juan Capistrano, California Stephen C. Larson, Michael S. Davidson, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304, (303) Application To Make Water Rights Absolute And For A Finding Of Reasonable Diligence, in SAN MIGUEL COUNTY, Colorado. Overview. Applicant is the owner of Lot 3 in the Sunnyside Ranch at Telluride West subdivision, located in Section 28, Township 43 North, Range 9 West of the New Mexico Principal Meridian. In Case No. 08CW74, the Division 4 Water Court decreed conditional water storage rights for several ponds located on Applicant s property (collectively, the Ponds ). For the general location of the Ponds, see the map attached as Exhibit A. Since entry of the decree in Case No. 08CW74, Applicant has designed, engineered, constructed, and diverted a portion of the water rights into the Ponds. By the application in this case, Applicant seeks to make a portion of the conditional water rights decreed to the Ponds

7 absolute and seeks a finding of reasonable diligence with respect to any portion of the conditional water rights decreed to the Ponds which are not made absolute. Description of Conditional Water Storage Rights from Prior Decree. Names and Legal Description of the Reservoirs: Tarr Pond No. 1: Tarr Pond No. 1 is located in the NW1/4 of the SE1/4 of Section 28, Township 43 North, Range 9 West, N.M.P.M., 1,845 feet from the South Section line, and 1,945 feet from the East Section line. Tarr Pond No. 2: Tarr Pond No. 2 is located in the NW1/4 of the SE1/4 of Section 28, Township 43 North, Range 9 West, N.M.P.M., 1,620 feet from the South Section line, and 1,895 feet from the East Section line. Tarr Pond No. 3: Tarr Pond No. 3 is located in the NW1/4 of the SE1/4 of Section 28, Township 43 North, Range 9 West, N.M.P.M., 1,670 feet from the South Section line, and 1,930 feet from the East Section line. Tarr Pond No. 4: Tarr Pond No. 4 is located in the NW1/4 of the SE1/4 of Section 28, Township 43 North, Range 9 West, N.M.P.M., 1,570 feet from the South Section line, and 1,965 feet from the East Section line. Sources: The source for the Ponds is the East Fork of Remine Creek, a tributary of the San Miguel River. Rate of fill: Shall not exceed 0.11 cfs. Legal Description of Diversion Point: The point of diversion for filling the Ponds, is the Conley Ditch Headgate, located on the East Fork of Remine Creek in the NW1/4 of the NE1/4 of Section 28, Township 43 North, Range 9 West, N.M.P.M., within 200 feet of a point located 100 feet from the North Section line, and 1,335 feet from the East Section line. Date of Appropriation: February 22, Amounts Decreed to the Ponds: Tarr Pond No. 1: 0.50 acre-feet, conditional, with the right to fill and refill. 100% of this capacity is active storage. Tarr Pond No. 2: 0.03 acre-feet, conditional, with the right to fill and refill. 100% of this capacity is active storage. Tarr Pond No. 3: 0.06 acre-feet, conditional, with the right to fill and refill. 100% of this capacity is active storage. Tarr Pond No. 4: 0.15 acre-feet, conditional, with the right to fill and refill. 100% of this capacity is active storage. Total Capacity of Reservoirs: As decreed in Case No. 08CW74, the individual capacities described above in Section 3.F may vary, so long as the total combined capacity of the Ponds does not exceed 0.75 acre-feet. Uses: Fire protection, recreational, piscatorial, and fish and wildlife habitat. Surface Acres and Dam Information for the Reservoirs: The cumulative surface acreage for the Ponds is approximately 0.18 acres. No dam will exceed ten feet in height. Name and Address of Owners Upon Whose Land Structures are Located. Applicant owns the land on which the Ponds are located. Integrated System. The Ponds, as originally decreed in Case No. 08CW74, Water Division 4, are all component parts of one integrated water supply system. Claim to Make Water Rights Absolute in Part. Pursuant to C.R.S (4)(e), decreed conditional water storage rights shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure. Applicant captured, possessed, and controlled 0.39 acre-feet decreed to the Ponds on May 15, 2012 and again on May 28, 2015 and now seeks a decree making such rights absolute in the amounts and for the uses set forth below: Tarr Pond No. 1: Applicant captured, possessed, and controlled 0.25 AF conditionally decreed to the Tarr Pond No. 1, and seeks to make this amount absolute for the decreed fire protection, recreational, piscatorial, and fish and wildlife habitat uses. Tarr Pond No. 2: Applicant captured, possessed, and controlled 0.02 AF conditionally decreed to the Tarr Pond No. 2, and seeks to make this amount absolute for the decreed fire protection, recreational, piscatorial, and fish and wildlife habitat uses. Tarr Pond No. 3: Applicant captured, possessed, and controlled 0.03 AF conditionally decreed to the Tarr Pond No. 3, and seeks to make this amount absolute for the decreed fire protection, recreational, piscatorial, and fish and wildlife habitat uses. Tarr Pond No. 4: Applicant captured, possessed, and controlled 0.09 AF conditionally decreed to the Tarr Pond No. 4, and seeks to make this amount absolute for the decreed fire protection, recreational,

8 piscatorial, and fish and wildlife habitat uses. Claim for a Finding of Reasonable Diligence. Applicant seeks a finding of reasonable diligence with respect to the remaining 0.36 acre-feet decreed to the Ponds, and with respect to any portions of the Ponds which are not made absolute as claimed in Section 6 above. The Ponds are component features of an integrated system, and work on one feature of the system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system, pursuant to C.R.S (4)(b). The following activities were undertaken during the diligence period toward completion and application of all the subject conditional water rights to their decreed beneficial uses: During the subject diligence period, Applicant engaged contractors to design, engineer and construct the Ponds. Prior to construction, Applicant s contractors performed significant engineering and design work relating to the intake and outtake structures on the Ponds, the subgrade specifications of the Ponds, the general plumbing features utilized by and between the Ponds, and the overall design, location, and volume of the Ponds. Upon completion of this work, Applicant s contractors constructed the Ponds in accordance with these designs. During the subject diligence period, Applicant incurred $581, for these construction-related expenses. Applicant also engaged Bishop-Brogden Associates, Inc. ( BBA ) for engineering consulting services associated with the Ponds during the subject diligence period. Specifically, BBA: (i) assisted in the preparation of accounting forms; (ii) monitored and analyzed water right applications in the vicinity of Applicant s development to ensure the subject water rights would not be injured; and (iii) provided general engineering and consulting services with respect to the filling of the Ponds for purposes of making portions of the Ponds absolute. During the subject diligence period, Applicant incurred $6, for these engineering and consulting services. During the subject diligence period, Applicant also engaged legal counsel to assist with general legal issues relating to development of the Ponds. Specifically, Applicant engaged legal counsel to: (i) assist with planning efforts to ensure that the Ponds were constructed, operated, administered, and accounted for in accordance with the Decree entered in Case No. 08CW74; and (ii) provide legal advice with respect to the filling of the Ponds for purposes of making portions of the Ponds absolute. Applicant incurred $3, for these general legal services during the subject diligence period. 7 pages. SAN MIGUEL COUNTY. CASE NO. 2015CW3039 (REF. NOS. W-2085, 80CW194, 84CW191, 88CW147, 95CW68, 02CW20, 08CW133). Application to Make Absolute and for Finding of Diligence. Applicant: Ted Colvin, c/o John T. Howe, Hoskin Farina & Kampf, Professional Corporation, 200 Grand Avenue, Suite 400, Post Office Box 40, Grand Junction, Colorado 81502; (970) Name of Structure: Verzuh Pump and Pipeline. Original Decree: Case No. W-2085, decree entered May 23, 1974, Water Division 4. Subsequent Decrees: Case No. 80CW194, decree entered December 22, 1980; Case No. 84CW191, decree entered October 23, 1985; Case No. 88CW147, decree entered May 31, 1989; Case No. 95CW68, decree entered March 8, 1996; Case No. 02CW20, decree entered October 12, 2002; Case No. 08CW133, decree entered May 7, 2009; all in Water Division 4. Source: Slate River, tributary to the East River, tributary to the Gunnison River. Location: SW¼NE¼ of Section 12, Township 14 South, Range 86 West of the 6th P.M., at a point North 20 degrees East approximately 90 feet from the center of said Section 12, Gunnison County, Colorado. Use: irrigation, domestic and commercial. Appropriation Date: July 15, Quantity: 1.00 c.f.s. Additional Information: Applicant seeks to make 1.00 c.f.s. of the Verzuh Pump and Pipeline absolute for irrigation, and to continue all remaining amounts and uses as a conditional

9 water right. The Application contains a detailed description of the work performed during the diligence period. GUNNISON COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of July, 2015 to file with the Water Clerk, in duplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk s Office or on our website at DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401