TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7

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1 DISTRICT COURT, WATER DIVISION 7, COLORADO WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7 Pursuant to C.R.S , you are notified that the following is a resume of all water rights applications filed in the Office of the Water Clerk during the month of June, 2007, for each county affected. Case No.: 05CW64 CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: Rafter T Ranch, LLC, In Archuleta County, Colorado. AMENDED APPLICATION: Applicant Rafter T, LLC, Randolph M. Moity, Sr., Manager, 2121 C.R. 175, Bayfield, CO 81122, (970) , By its attorney: Nancy Agro, P.C., Miller, Agro, & Robbins, LLC, 101 W. 11 th Street, Suite 112, Durango, CO 81301, (970) I. CHANGE IN WATER RIGHT: 1. Decreed name of structure for which change is sought: Arnold Fredricks Ditch, Source: Piedra River, 3.76 AF. Proposed change: (A) Alternate point of diversion: In the SE/4 of Section 12U, Township 34 North, Range 5 West, N.M.P.M., approximately 100 feet south and 400 feet east of the NW corner of the Southeast Quarter of Section 12U, as depicted on the map filed with application; (B) Change in Place of Use and Additional Use: In addition to the uses previously decreed, water diverted as set forth in (A) above will be used for direct irrigation of 100 acres and fire protection. The 100 acres are located in the following areas and further depicted on the map: Section 13 U - NE/4 NE/4, SE/4 NE/4, NE/4 SE/4 Section 18U - NW/4NW/4, SW/4NW/4, NW/4SW/4, SW/4SW/4. Note: The additional use of fire protection would be granted a 2005 priority per the filing of the application; the change in place of use would be granted its original priority as a conditional water right. (5 pages) 07CW32 Ronald and Patricia Hoenninger, 20 Troon Circle, Durango, CO 81301: R & P Aquafer Pump; La Plata County; SW1/4SE1/4, Section 10, T36N, R9W, NMPM, 499 feet from S and 1353 feet from E; Unnamed tributary, Animas River; Date of initiation of appropriation, July 1, 2006; Appropriation initiated by installing pump and irrigation system; Date applied to beneficial use, July 1, 2006; Irrigation;.05 cfs Absolute; Application for Water Rights (Surface) (4 pages) 07CW33 Susquehanna Investments, 6 Perins Vista Dr., Durango, CO 81301: Susquehanna Diversion; San Juan County; NE1/4SE1/4, Section 7, T42N, R6W, NMPM; Picayne Gulch, Animas River; Date of initiation of appropriation, December 1, 2006; Appropriation initiated by consulting with water commissioner; Irrigation of 4 acres, domestic and livestock watering;.10 cfs Conditional; Application for Water Rights (Surface) (4 pages) 07CW34 Carol Millener, 657 C. R. 204, Durango, CO 81301: Springbridge Pump; La Plata County; NW1/4SE1/4, Section 7, T35N, R9W, NMPM, 1364 feet from S and 1373 feet from E; Junction Creek, Animas River; Date of initiation of appropriation, June 1, 2006;

2 Appropriation initiated by installing pump and irrigation system; Date applied to beneficial use, June 1, 2006; Irrigation;.05 cfs Absolute; Application for Water Rights (Surface) (4 pages) 07CW35 Bear Creek Partners, LLC, 240 Valle Vista Way, Durango, CO 81301: Stagecoach Spring; La Plata County; SW1/4SE1/4, Section 19, T37N, R8E, NMPM, 501 feet from S and 1583 feet from E; Unnamed tributary to the Animas River; Date of initiation of appropriation, June 1, 2007; Appropriation initiated by consulting with water commissioner; Supplemental irrigation of 20 acres, recreation, piscatorial and stockwatering;.50 cfs Conditional; Application for Water Rights (Surface) (4 pages) 07CW36 Working Dog Properties, LLC, 101 Laughing Dog Ln., Durango, CO 81301: Working Dog Pump; La Plata County; SE1/4NE1/4, Section 21, T36N, R9W, NMPM, 1470 feet from N and 38 feet from E; Animas River; Date of initiation of appropriation, June 13, 2007; Appropriation initiated by consulting with water commissioner; Irrigation, stockwatering;.75 cfs Conditional; Application for Water Rights (Surface) (4 pages) 07CW37 LA PLATA AND ARCHULETA COUNTY 1. Applicant: Pine River Irrigation District, County Road 501, Bayfield, Co , (970) Attorney: James C. Anesi, 2023 Main Avenue, Durango, Colorado 81301; (970) Structure or Plan: Water Rights, Surface and Pond 4. Type of Application: Application for change of water rights (expanded place of use) 5. Drainage Basin: Animas, Pine River, La Plata and Archuleta Counties, Colorado. 6. Location: (1) All of the Pine River drainage basin described as Water District 31 in Water Division 7 by the Division of Water Resources; (2) All of the Florida River drainage basin; (3) The Animas River basin east of the Animas River and south of US Highway 160 or the Durango City limits whichever is furthest south; (4) Water District 46 in Water Division 7 by the Division of Water Resources also described as T32N, R5W, Sections 4, 5, 8, 9, 16, 17, 20 and T33N, R5W Sections 15, 16, 20, 21, 28, 29, 32, Type of Use: domestic use 8. Type of Structure: reservoir 9. Quantity: 108, acre feet 10. Additional Information: Historic use: The water rights owned by the District were decreed for relative rights of the claimant (District) to five-sixths (5/6 th ) of the water stored in said reservoir for the benefit of the members and users thereof entitled thereto and application for irrigation, domestic, stock water and other beneficial purposes, and supplying water for incidental use to the Towns of Bayfield and Ignacio, Colorado. The District has used the water for these purposes within the District. Under Case No. 03 CV 300, La Plata County District Court, the Applicants are authorized to put the water at issue in the Application to domestic uses, both within and without the District. Domestic use is defined as contemplated at the time of the decree in the 1930 s using the definition for domestic use in the Colorado River Compact of 1922: The term domestic use shall include the use of water for household, stock, municipal, mining, 2

3 milling, industrial and other like purposes, but shall exclude the generation of electrical power. (3 pages) 07CW38 Applicant: Vince & Julie Townsend. 250 Spring Creek Place, NE, Albuquerque, NM Attorney: David B. Kirkpatrick, 960 E. 2 nd Ave., Durango, CO 81302, Type of Application: Application for Change of Water Right (use and point of diversion). I. Change of Point of Diversion. Name of Structure: Thompson Well (Florida) Structure ID SE1/4 SW1/4, Section 30, Township 37 North, Range 7 West, N.M.P.M, La Plata County, Colorado. Previous decree, 90CW072, Division 7. Source of Water: Florida River, Tributary to Animas River, Water District 30, Division 7, La Plata County. Appropriation Date: May 15, Amount Claimed: Limited by 90CW72 to 10.0 g.p.m., 0.5 AF annual diversion, and acre-feet annual consumptive use. Historic use is in-house domestic use as per decree. Proposed Change in Point of Diversion: Change point of diversion to the point as described on Well Permit # in SE1/4 SW1/ ft from South Section Line, 3350 ft from East Section Line, Section 30, Township 37 North, Range 7 West, N.M.P.M. La Plata County, Colorado. II. Change in Use. 90CW72 decreed well for commercial purposes for a bed & breakfast or similar development, and no irrigation was allowed. Property is now a single-family residence. Applicant will retain in-house domestic uses, and add a small amount of irrigation and livestock use as follows. A. Irrigation of 2170 square feet, lawn and trees, AF diversion, AF consumptive use. B. Livestock watering for 2 horses, AF diversion, AF consumptive use. C. Domestic use in single family residence, AF diversion, AF consumptive use. Total of 0.5 AF annual diversion, AF annual consumptive use. Diversion limitations are the same as allowed by 90CW72 decree, (10 gpm, 0.5 AF, and AF consumptive use), and consumptive use estimate of new uses is less than allowed by 90CW72 decree. See application for additional information. (12 pages) 07CW39 Gary E. and Jaclyn S. Fisher, C. R. P Dolores, CO 81323: Fisher Ditch; Montezuma County, SW1/4SE1/4, Section 3, T36N, R16W, NMPM, 1276 feet from S and 2533 feet from E, Northing , Easting , Zone 13; Unnamed tributary to Hartman Draw, tributary to McElmo Creek; Date of initiation of appropriation, 7/7/04; Appropriation initiated by putting in pump and water canons; Date applied to beneficial use, Summer 2005; Irrigation of crops; ½ cfs Absolute and ½ cfs Conditional; Application for Water Rights (Surface) (5 pages) 07CW40 1. Applicant: Edward S. Jankowski, County Road J, Mancos, Colorado 81328, (970) Attorney: James C. Anesi, 2023 Main Avenue, Durango, Colorado 81301; (970) Structure or Plan: a. Jankowski Waste Water Ditch No. 1; b. Alternate point of diversion for Jankowski Waste Water Ditch No. 1; c. Jankowski Waste Water Ditch No. 2; d. Jankowski Waste Water Ditch No. 3; e. Jankowski Waste Water Ditch No. 4; f. Jankowski Pond 4. Type of Application: Water Right, Surface Spring. 5. Drainage Basin: Mancos River, Montezuma County, Colorado. 6. Location: Jankowski Waste Water Ditch No. 1: Northing Easting 12S l; Jankowski Waste Water Ditch No. 1 (alternate point of diversion): Northing Easting 12S ; Jankowski Waste Water Ditch No. 2: Northing Easting 12S ; Jankowski Waste Water Ditch No. 3: Northing Easting 12S ; Jankowski Waste Water Ditch No. 4: Northing Easting 3

4 12S ; Jankowski Pond: Northing Easting 12S Legal description of acreage: W1/2 NE1/4 and E1/2 NW1/4, Section 6, Township 35N, Range 13W, N.M.P.M., and SE1/4 SW1/4 Section 31, Township 36N, Range 13W, N.M.P.M. 7. Type of Use: a. Jankowski Waste Water Ditch No. 1 and alternate point of diversion: irrigation, stock water, fire protection; b. Jankowski Waste Water Ditch No. 2: irrigation; c. Jankowski Waste Water Ditch No. 3: irrigation; d. Jankowski Waste Water Ditch No. 4: irrigation; e. Jankowski Pond: irrigation, stock water, fire protection, piscatorial 8. Type of Structure: Ditch and Pond. 9. Quantity: a. Jankowski Waste Water Ditch No. 1 and alternate point of diversion: 2 cfs Absolute; b. Jankowski Waste Water Ditch No. 2:.5 cfs Absolute; c. Jankowski Waste Water Ditch No. 3: 2 cfs Conditional; d. Jankowski Waste Water Ditch No. 4: 2 cfs Conditional; e. Jankowski Pond:.25 acre feet Absolute 10. Additional Information: None. (4 pages) 07CW41 (93CW56, 00CW79) Aqua Cuervo, LLC, c/o S. Bookout, Harts Basin Rd., Eckert, CO 81418: Idaho Spring; Date of original decree, October 17, 1994; Case No. 93CW56; San Juan County; NW1/4NW1/4NE1/4, Section 20, T41N, R7W, NMPM, 450 feet from N and 2350 feet from E; Spring tributary to Animas River; Appropriation date, July 23, 1993, Work performed towards completion of project outlined in detail in Application; Commercial for bottling domestic water;.15 cfs; Application for Finding of Diligence (2 pages) 07CW42; La Plata County, Water District No. 30: 1) Applicant: John B. Harrington 2) Attorney: Geoffrey M. Craig, The Craig Law Firm P.C., 1099 Main Ave., Suite 300, Durango, CO ) Name & Type of Structures: Harrington Well, Well Permit No F ( the Well ). 4) Type of Application: Application for groundwater rights ( Application ). 5) Drainage Basin: groundwater tributary to Hermosa Creek, tributary to Animas River. 6) Location: SE1/4 NW1/4 Section 11, T36N, R9W, NMPM, 1603 feet from the North section line, and 1548 feet from the West section line of Section 11. The well is located on Applicant's property ("the Property"), as shown on Exhibit A of the Application. 7) Type of Uses: domestic use inside one home; domestic animal watering; irrigation of 2 acres including lawn and garden; fire protection; and filling and refilling of an approximately 0.60 acre pond for recreation, piscatorial use, incidental aesthetics use, and incidental wildlife use. All uses will occur on the Property. 8) Amount: 90 gpm (0.20 cfs) absolute. 9) Appropriation Date: March 27, ) Additional Information: See application. (4 pages) 07CW43. SAN JUAN COUNTY. South Fork of Cement Creek, tributary of Cement Creek and the Animas River. James K. Jackson, c/o Kevin L. Patrick, Esq. and Madoline E.S. Wallace, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Natalie Pipeline. Description of conditional water right: Date of original decree for water rights: Case No. 93CW80, District Court, Water Division No. 7, entered on August 31, Decreed legal description: The Natalie Pipeline is located at a point located on the right bank of South Fork Cement Creek, a tributary of Cement Creek and the Animas River, approximately 1600 feet downstream of the Natalie Lake Dam in an unsurveyed area believed to be Section 28, Township 42 North, Range 7 West of the 6 th P.M. at a point where the elevation of the creek is approximately 11,100 feet. Which point of diversion is also approximately 4950 feet north and east of the summit of Storm Peak. Source: South Fork of Cement Creek, a tributary of 4

5 Cement Creek and the Animas River. Appropriation date: September 20, Amount: 2.5 cfs, conditional. Uses: Domestic, commercial, industrial, snowmaking, recreational, augmentation and exchange. A detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures is contained within the application on file with the Court. (4 pages) 07CW44. SAN JUAN COUNTY. South Fork of Cement Creek, tributary of Cement Creek and the Animas River. James K. Jackson, c/o Kevin L. Patrick, Esq. and Madoline E.S. Wallace, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Natalie Reservoir. Description of conditional water right: Date of original decree for water rights: Case No. 93CW79, District Court, Water Division No. 7, entered on August 31, Decreed legal description: The Natalie Reservoir outlet is located at a approximately 11,300 feet in elevation at the headwaters of South Fork Cement Creek, a tributary of Animas River, in an unsurveyed area believed to be Section 28, Township 42 North, Range 7 West of the 6 th P.M. The northern boundary of the reservoir runs in a generally east to west direction for approximately 300 feet. The outlet is approximately 6350 feet upstream (south of the confluence of South Fork and Middle Fork Cement Creek and approximately 3450 feet north and east of the summit of Storm Peak). Source: South Fork of Cement Creek, a tributary of Cement Creek and the Animas River. Appropriation dates: September 20, Amount: 40 acre-feet, conditional. Uses: Recreational, piscatorial, irrigation, domestic, commercial, snowmaking, augmentation and exchange. A detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures is contained within the application on file with the Court. (4 pages) 07CW45 LA PLATA COUNTY, LA PLATA WATER DISTRICT NO Applicant: Bruce M. Barnard, IV and Claire L. Barnard, 401 E. Pioneer Drive, Durango, Colorado 81301, Attorney: James C. Anesi, 2023 Main Avenue, Durango, Colorado 81301; (970) Structure or Plan: Underground Water Rights and Augmentation Plan. 4. Type of Application: Underground Water Right and Augmentation Plan. 5. Drainage Basin: Florida River, La Plata County, Colorado. 6. Location: Tract B, Halliburton Subdivision, Category 1, Project #81-171, Reception # Northing , Easting 13S , SE1/4 of the SE1/4 of Section 32, Township 35N, Range 8W, N.M.P.M. 7. Type of Use: Domestic household use and watering lawns and gardens, fire protection, and stock watering. 8. Type of Structure: Barnard Well. 9. Quantity: 5 gpm conditional. 10. Additional Information: Applicants have purchased 0.1 cfs of the McClure and Murray Ditch Priority 86 dated May 15, 1881 decreed in Case 91CW237 to substitute for water to be withdrawn from a well to be drilled on the Applicants property. (4 pages) 5

6 YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of August, 2007, to file with the Water Clerk, in quadruplicate, 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 also be served upon the applicant or the applicant s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $90.00; Forms are available through the Office of the Water Clerk or on the Judicial website at Paula K. Petersen, Clerk of the Water Court, 1060 E. 2 nd Ave., Room 106, Durango, CO ; , Ext. 6115) Published: before July 31, 2007 Original signature on file Paula K. Petersen, Water Clerk 6