DELTA COUNTY. CASE NO. 2014CW49.

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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 October, 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. 2014CW48. Applicant: Jeffory P. Crane, 140 Ash Lane, Carbondale, CO Application for Absolute Surface Water Rights: Cedar Pipeline & Pond SE1/4NE1/4 of Section 19, Township 14 South, Range 93 West, 6th PM. 1, 041 feet from north line and 250 feet from east section line. Source: Cedar Gulch, Gunnison River. Appropriation Date: 08/29/2005. Amount Claimed: 0.25 c.f.s. absolute for agricultural irrigation, wildlife, stockwater, recreation and hydropower. DELTA COUNTY. CASE NO. 2014CW49. Applicant: Kelly Allen and Jennifer Sanborn, Back River Road, Paonia, CO Application for Absolute Surface Water Right: Sconey Ditch NE1/4NW1/4SE1/4 of Section 21, T14S, R92W, 6 th P.M. 2,186 feet from the south line and 1,508 feet from the east section line. Source: North Fork of the Gunnison River. Appropriation Date: 06/05/2013. Amount Claimed:.05 c.f.s. absolute for irrigation, stockwater, to fill pond, fire protection and wildlife. DELTA COUNTY. CASE NO. 2014CW50 (Ref No. 2007CW222). Applicants: John L. Rozman, Jr. and Marilyn K. Rozman, Highway 135, Crested Butte, CO Application To Make Absolute: Rozman Pond. NW1/4NE1/4 of Section 13, T14S, R86W, 6th P.M. 290 feet from north line and 1,842 feet from east section line. Source: Slate River, East River, Gunnison River. Appropriation Date: 11/09/2007. Amount Claimed: 30 acre-feet absolute for stockwater, wildlife, fish culture, fire protection and supplemental irrigation. The Application on file with the Water Court contains an outline of the work performed during the diligence period. GUNNISON COUNTY. CASE NO. 2014CW3073. Case to be included in next resume. CASE NO. 2014CW3074 (REF NO. 03CW238). Application to for Finding of Reasonable Diligence. Applicant: Riverwalk Estates Homeowners Association, Inc., 215 Hartman Rocks Drive, Gunnison, Colorado 81230, 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 Structures: Riverwalk Estates Well Field, Drummond Well, Pond No. 1 Well, Pond No. 2 Well, Riverwalk Pump and Pipeline and Whipp Ditch Riverwalk Enlargement. Original Decree: Case No.

2 03CW238, decree entered February 2, 2005, Water Division 4. Subsequent Decrees: None. Source: groundwater tributary to Gunnison River, Gunnison River. Locations: Riverwalk Estates Well Field - SW¼ Section 24, Township 50 North, Range 1 West, N.M.P.M.; Drummond Well - Section 24, Township 50 North, Range 1 West, N.M.P.M., 2,270 feet from West section line, 1,815 feet from South section line; Pond No. 1 Well - Section 24, Township 50 North, Range 1 West, N.M.P.M., 1,950 feet from West section line, 2,050 feet from South section line; Pond No. 2 Well - Section 24, Township 50 North, Range 1 West, N.M.P.M., 2,200 feet from West section line, 1,500 feet from South section line; Riverwalk Pump and Pipeline - Section 24, Township 50 North, Range 1 West, N.M.P.M., 2,550 feet from West section line, 2,500 feet from South section line; Whipp Ditch Riverwalk Enlargement - Section 24, Township 50 North, Range 1 West, N.M.P.M., 800 feet from East section line, 1,100 feet from North section line. Use: Riverwalk Estates Well Field domestic, irrigation of up to 4.19 acres; Drummond Well domestic, irrigation of up to 4,150 square feet; Pond No. 1 Well recreation, piscatorial, fire protection; Pond No. 2 Well - recreation, piscatorial, fire protection; Riverwalk Pump and Pipeline domestic, irrigation; Whipp Ditch Riverwalk Enlargement irrigation, recreation, piscatorial, fire protection. Appropriation Date: October 1, 2003 for each structure. Quantity: Riverwalk Estates Well Field 1.47 c.f.s. conditional cumulatively on an instantaneous basis by diversion through 45 wells in the Riverwalk Estates Well Field, total annual volume shall not exceed 29.1 acre feet; Drummond Well c.f.s conditional, total annual volume shall not exceed 0.63 acre feet; Pond No. 1 Well 4.61 acre feet per year conditional; Pond No. 2 Well 2.45 acre feet per year conditional; Riverwalk Pump and Pipeline 1.00 c.f.s. conditional; Whipp Ditch Riverwalk Enlargement 1.2 c.f.s. conditional. Landowners: Applicant, Riverwalk Estates, LLLP, and additional owners set forth in the Application. Additional Information: A detailed outline of the work performed during the diligence period is set forth in the Application. No findings of reasonable diligence for the conditional water rights decreed in Case No. 00CW190 that are the subject of this Application have been decreed since the original decree was entered in However, the conditional rights decreed in Case No. 03CW238 have not been and should not be cancelled because Applicant has not received a pre-cancellation notice as required by section (7), C.R.S., and has been reasonably diligent in completing the appropriations. See Double RL Co. v. Telluray Ranch Properties, 54 P.3d 908, 912 (Colo. 2002). GUNNISON COUNTY. CASE NO. 2014CW3075 (REF NO. 02CW290) MONTROSE COUNTY. Application for Finding of Reasonable Diligence. Applicant: Estate of Michael David Combs (Deborah Combs, Personal Rep.), Road Montrose, CO 81403, c/o Bernard F. Gehris, Burns, Figa & Will, P.C., 6400 S. Fiddlers Green Cir., Ste 1000 Greenwood Village, CO 80111, (303) Structures and Legal Descriptions: A. Combs Well No. 1: Located in the NE ¼ of the NW ¼ of Sec. 28, T46N, R12W of the NMPM, 800 feet from the north line and 1,350 from the west line of Sec. 28. B. Combs Well No. 2: Located in the SW ¼ of the SW ¼ of Sec. 21, T46N, R12W of the NMPM, 150 feet from the south line and 150 feet from the west line of Sec. 21. C. Combs Well No. 5: Located in the NW ¼ of the SW ¼ of Sec. 21, T46N, R12W of the NMPM, 2,000 feet from the south line and 625 feet from the west line of Section Original Decree: A. Case No.: 02CW290 B. Decree Date: October 2, 2008 C. Appropriation Date for all structures September 5, A. Source: Groundwater tributary to Albin Draw and Horsefly Creek, tributary to the San Miguel River. B. Depths (approx.): Combs Well No. 1 1,500 feet; Combs Well No. 2 1,500 feet; Combs Well No. 5 2,500 feet. All well depths are estimated based upon currently available information and belief; actual

3 depths will be verified during well testing. 6. Amount claimed (all conditional): A. Combs Well No. 1: 50 gpm; B. Combs Well No. 2: 50 gpm; C. Combs Well No. 5: 50 gpm. In addition to the pumping rate for each well, these three wells have a conditionally decreed annual appropriation of 80.6 acre-feet for each well. 7. Uses (all conditional): Domestic, irrigation, commercial, recreation, stockwatering, piscatorial, fish culture, augmentation and exchange (provided that no such augmentation use will be made without Water Court approval of a plan for augmentation, or State Engineer approval of a substitute water supply plan). Irrigation may occur on 161 acres in Sec. 20, and 313 acres in Sec. 28 (owned by Applicant), and on 36 acres in Sec. 21 (owned by a related Trust), all in T46N, R12W of the NMPM. 8. Augmentation: Applicant has a decreed plan for augmentation to augment these wells, in Case No. 05CW270, and any out-of-priority uses of these wells are subject to this decreed plan for augmentation. 9. Outline of diligence activities: Beginning in early 2008 and continuing through 2012, Applicant s predecessors (Michael Combs and San Grail Trust) undertook installation of water bottling equipment that would implement decreed beneficial uses of these water rights. This equipment and other water related parts, water pumps and a generator, cost over $47,000. Applicant also retained water lawyers to develop and protect its water rights, including pursuit of this application, and an application for a Plan for Augmentation decreed in Case No. 05CW270 that includes the use of the decreed structures and water rights in this application. The cost of this legal work, during the diligence period of November 2008 through October 2014, has been over $9,000. Applicant also retained a water engineering firm to investigate wells and design water structures including those in this application, and to design a plan for augmentation. The cost of this engineering work, during the diligence period of November 2008 through October 2014, has been over $6,600. These activities evidence of Applicant s continuing intent to develop its conditional water rights. 10. Name and Address of Owners of the land upon which any structure is to be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant, Estate of Michael David Combs, owns the land where Combs Well No. 1 and Combs Well No. 2 are located. Combs Well No. 5 is located in the Uncompahgre National Forest, c/o United States Department of Agriculture, 2250 Highway 50, Delta, CO Applicant or the Trust owns all property upon which the water requested will be put to beneficial use. 11. Federal Conditional Limitation on Access and Use: The Decree in Case No. 02CW290 recognizes that approvals must be obtained from the U.S. Forest Service before Applicant may permit or operate Well No. 5 or any related facilities on federal land. The conditional right decreed therein for said Well No. 5 may not be made absolute until such approval is demonstrated to the Court. MONTROSE COUNTY. CASE NO. 2014CW3076 (Ref. 08CW266). Applicant: Mika Ag Corp., d/b/a Escalante Land & Cattle Corp, 6501 West 91 st Ave., Westminster, CO Attorney: James D. Brown, Brown & Camp, P.O. Box 43, Delta, CO Structures: ER Branch Creek Reservoir No. 1, ER Branch Creek Reservoir No. 2, ER XVX West Reservoir, ER XVX South Reservoir, ER Forks Reservoir, ER Franks Hole Reservoir. Conditional Water Rights: Decree entered October 2, 2008 in Case No. 05CW266 in District Court for Water Division No. 4. Information about structures: (Structure; Amount; Decreed Uses; Approp. Date) (1) ER Branch Creek Reservoir No. 1; acre feet conditional; Storage for irrigation of 1200 acres, stock, piscatorial, wildlife, and fire protection; ; (2) ER Branch Creek Reservoir No. 2; acre feet conditional; Storage for irrigation of 1200 acres, stock, piscatorial, wildlife, and fire protection; ; (3) ER XVX West Reservoir; acre feet conditional; Storage for irrigation of 1200 acres, stock, piscatorial, wildlife, and fire protection; ; (4)

4 ER XVX South Reservoir; acre feet conditional; Storage for irrigation of 1000 acres, stock, piscatorial, wildlife, and fire protection; ; (5) ER Forks Reservoir; acre feet conditional; Storage for irrigation of 700 acres, stock, piscatorial, wildlife, and fire protection; ; (6) ER Franks Hole Reservoir; acre feet conditional; Storage for irrigation of 700 acres, stock, piscatorial, wildlife, and fire protection; Legal Descriptions: ER Branch Creek Reservoir No. 1: SE1/4SE1/4NW1/4NW1/4, Sec. 5, T50N, R14W, N.M.P.M feet east of West line and feet south of North Line Sec. 5; Easting , Northing ; ER Branch Creek Reservoir No. 2: SE1/4NE1/4SE1/4NW1/4, Sec. 5, T50N, R14W, N.M.P.M feet east of West line and feet south of North Line Sec. 5; Easting , Northing ; ER XVX West Reservoir: NE1/4SE1/4NW1/4SW1/4, Sec. 33, T51N, R14W, N.M.P.M feet east of West line and feet north of South Line Sec. 33; Easting , Northing ; ER XVX South Reservoir: SW1/4NW1/4SE1/4SW1/4, Sec. 33, T51N, R14W, N.M.P.M feet east of West line and feet north of South Line Sec. 33; Easting , Northing ; ER Forks Reservoir: SW1/4NE1/4NW1/4NE1/4, Sec. 2, T50N, R14W, N.M.M feet west of East line and feet south of North Line Sec. 2; Easting , Northing ; ER Franks Hole Reservoir: NW1/4NE1/4NW1/4NW1/4, Sec. 1, T50N, R14W, N.M.M feet east of West line and feet south of North Line Sec. 1; Easting , Northing Source: Escalante Creek, a tributary of the Gunnison River, in Water District No. 40. Date of Appropriation: June 1, Outline of Efforts to Complete Appropriation: Applicant s efforts to complete appropriation are more particularly described in the application on file with the Water Court. Such efforts include, without limitation, installation of center-pivot sprinkler systems which require reservoir water supply in the late irrigation season at a cost of approximately $250,000 as part of the infrastructure to be served by the reservoirs and expenditures for engineering services at a cost of approximately $6,000 to confirm the legal and physical availability of water supply to fill the reservoirs. Name and address of owners of land. Mika Ag Corp., d/b/a Escalante Land & Cattle Corp, 6501 West 91 st Ave., Westminster, CO and United States of America, Dept. of Interior, BLM, 2465 South Townsend Ave., Montrose, CO MESA COUNTY. CASE NO. 2014CW3077 (REF NO. 08CW45, 01CW164). SAN MIGUEL COUNTY. TRIBUTARY TO THE SAN MIGUEL RIVER. Telluride Regional Airport Authority, c/o Patrick, Miller, Kropf & Noto, P.C., Scott C. Miller, Esq. and Jason M. Groves, Esq., 197 Prospector Road, Suite 2104A, Aspen, CO 81611, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. FIRST CLAIM: FOR FINDING OF REASONABLE DILIGENCE. Name of structure: The Airport Pond. Type: Reservoir. Conditional water right description: Original decree: August 9, Case No.: 94CW119, Division 5 Water Court. Subsequent diligence decrees: 01CW164, April 23, 2002; 08CW45, October 20, Legal description: The center point of the excavated pond is located in the NW¼ of the NE¼ of the NW¼ of Section 31, Township 43 North, Range 9 West of the New Mexico Principle Meridian at a point approximately 1800 feet east of the west section line and 50 feet south of the north section line of said Section 31. Source: The excavated Airport Pond is an off-channel reservoir filled by surface water run-off and seeps and lies entirely within the drainage area of, and is an integral part of the drainage plan for the Telluride Regional Airport. Appropriation date: July 13, Amount: 13.8 acre-feet, conditional (13.8 acre-feet decreed absolute for irrigation and fire protection in Case No. 94CW119, and 13.8 acre-feet decreed absolute for industrial purposes in Case No. 01CW164). Total capacity of reservoir: 13.8 acre-feet.

5 Active capacity of reservoir: acre-feet. Dead storage: 0.18 acre-feet. Remaining conditional uses: Commercial and augmentation. Name and capacity of ditch leading to the reservoir: TRAA Drainage Ditch. Work to complete the appropriation, including expenditures, is on file with the Court. Applicant owns the land where the structure is located and upon which the water is placed to beneficial use. SAN MIGUEL COUNTY. CASE NO. 2014CW3078(REF. NO. 08CW46). Applicant: CITY OF GRAND JUNCTION, c/o Jamie B. Beard, 250 N. 5 th Street, Grand Junction, CO Application for Finding of Reasonable Diligence: SOMMERVILLE RESERVOIR - The initial point of survey for said reservoir is at a point whence the Southwest corner of Section 35, Township 11 South, Range 97 West, of the 6 th P.M., Mesa County, Colorado, bears North 87º 2' West feet. 950 feet from the west section line and 0 feet from the south section line. Date of Original Decree: 11/30/1995; Case No. 93CW261. Source: Whitewater Creek. Appropriation Date: 12/15/1993. Amount Claimed: 973 acre-feet. Use: For snowmaking and municipal uses in the Colorado River Basin. MESA COUNTY. CASE NO. 2014CW3079 (REF. NO. 08CW47). Applicant: CITY OF GRAND JUNCTION, c/o Jamie B. Beard, 250 N. 5 th Street, Grand Junction, CO Application for Finding of Reasonable Diligence: HALLENBECK RESERVOIR NO. 1 aka PURDY MESA RESERVOIR - The initial point of survey is the southerly end of the lesser dam which is located at a point whence the East 1/4 corner of Section 36, resurvey of Township 12 South, Range 98 West of the 6 th P.M. bears South 66º 50' East 2099 feet feet from the north section line and 2000 feet from the east section line. Date of Original Decree: 11/30/1995; Case No. 93CW262. Source: Kannah Creek, North Fork Kannah Creek. Appropriation Date: 12/15/1993. Amount Claimed: 659 acre-feet. Use: Municipal uses in the Colorado River Basin. MESA COUNTY. CASE NO. 2014CW3080 (REF. NO. 08CW49). Applicant: CITY OF GRAND JUNCTION, c/o Jamie B. Beard, 250 N. 5 th Street, Grand Junction, CO Application for Finding of Reasonable Diligence: BOLEN, ANDERSON & JACOB DITCH - The headgate of the Bolen, Anderson & Jacob Ditch is located at a point whence the Northwest corner of Section 9, Township 12 South, Range 96 West of the 6 th P.M. bears North 22º 30' West a distance of 2330 feet feet from the north section line and 900 feet from the west section line. Date of Original Decree: 11/30/1995; Case No. 93CW258. Source: Deep Creek, Skunk Creek, Gill Creek, Coal Creek and North Fork of Kannah Creek, and all runoff and sheet flow tributary to the ditch between the described streams. Appropriation Date: 12/15/1993. Amount Claimed: c.f.s. Use: For diversion to and storage in the Bolen Reservoir, Anderson Reservoir No. 6, Bolen, Anderson & Jacobs Enlargement Reservoir No. 2, Hallenbeck Reservoir No. 1 (aka Purdy Mesa Reservoir), Somerville Reservoir and Juniata Reservoir for subsequent application to and for snowmaking and municipal uses in the Colorado River Basin. MESA COUNTY. CASNO NO. 2014CW3081( REF NO. 05CW233); Delta County - Gunnison River; Liman, LLC; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) ; APPLICATION TO MAKE CONDITIONAL RIGHTS ABSOLUTE AND FOR FINDING OF DILIGENCE; Name, address, and telephone number of Applicant: Marley Hodgson, Liman, LLC, Smith Fork Ranch, P.O. Box 401, Crawford, CO 81415; Request to make conditional water right absolute and for finding of diligence: Name of structure: Smith Fork Augmentation Pond;

6 Description of conditional water right: Case number and date of original decree: 05CW233, September 12, 2008; Legal description: SE/4 SW/4 SE/4 of Section 24, Township 15 South, Range 91 West, in the 6th P.M., specifically 1,391 feet from the east section line and 314 feet from the south section line; Source: Smith Fork of the Gunnison River; Appropriation date: June 1, 2004; Amount: 8.96 acre-feet; 7.81 a.f. absolute and 1.15 a.f. conditional for piscatorial, wildlife watering, and recreation uses; 5.52 a.f. conditional for augmentation use; Use: Augmentation, piscatorial, wildlife watering and wildlife habitat adjacent to the pond, and recreation; Outline of what has been done toward application of the water right to beneficial use: Applicant has captured, possessed, and controlled the full volume of water decreed to the Smith Fork Augmentation Pond pursuant to C.R.S (4)(e). In the event that the Court declines to make any portion of the conditional water right in the Smith Fork Augmentation Pond absolute, Applicant requests that the Court enter a finding of due diligence with regard to such remaining conditional water right; If claim to make absolute: Date water applied to beneficial use: September 13, 2008; Request to make conditional water right absolute and for finding of diligence: Name of structure: Beaver Pond Spring; Describe conditional right: Case number and date of original decree: 05CW233, September 12, 2008; Legal description of point of diversion: SW/4 SW/4 SE/4 of Section 24, Township 15 South, Range 91 West, in the 6th P.M., specifically 2,379 feet from the east section line and 38 feet from the south section line; Source: Surface water tributary to the Smith Fork of the Gunnison River; Appropriation date: July 15, 2005; Amount: 40 gallons per minute, conditional; Use: Domestic, stock; Outline of what has been done toward application of the water right to beneficial use: Applicant has constructed a delivery system and has used flows from the Beaver Pond Spring for domestic and stock uses. In the event that the Court declines to make any portion of the conditional water right in the Beaver Pond Spring absolute, Applicant requests that the Court enter a finding of due diligence with regard to such remaining conditional water right; If claim to make absolute: Applicant has placed 34 gpm to beneficial use consistent with the decree in Case No. 05CW233 and requests to make that amount absolute; Date water applied to beneficial use: On or before June 1, 2012; Amount: 34 gpm; Use: Domestic and stockwater; Request to make conditional water right absolute and for finding of diligence: Name of water right: Smith Fork Ranch Exchange; Case number and date of original decree: 05CW233, September 12, 2008; Description of points of exchange: The Smith Fork Ranch Exchange exchanges water released from Blue Mesa Reservoir pursuant to the augmentation plan approved in Case No. 05CW233, from the confluence of the Gunnison River and the Smith Fork of the Gunnison River, upstream along the Smith Fork of the Gunnison River to the points of depletion described in the augmentation plan in that case; Amounts and uses of exchange: After deducting for transit losses, up to a.f. may be exchanged annually for domestic, commercial, stock, lawn and garden irrigation, and evaporation uses. If releases are made on an ongoing basis, the maximum rate of exchange will equal c.f.s. The exchange includes the abovespecified volumes and rates of exchange, plus any additional amount of water deemed necessary by the Division Engineer to account for transit loss in the operation of the exchange in support of the augmentation approved in Case No. 05CW233; Outline of what has been done toward completion of the appropriation: Applicant has completed all necessary steps to complete the exchange, including acquiring and making annual payments for a water supply contract from the Bureau of Reclamation for releases from Blue Mesa Reservoir in accordance with the terms of the Smith Fork Ranch Exchange and the augmentation plan approved in Case No. 05CW233. Water has been available for release pursuant to that contract. In the event that the Court declines to make any portion of the conditional water right in the Smith Fork Ranch Exchange absolute,

7 Applicant requests that the Court enter a finding of due diligence with regard to such remaining conditional water right; If claim to make absolute: Date of appropriation of exchange: April 2, 2012; Amount: a.f. with a maximum rate of exchange of c.f.s.; Use: Domestic, commercial, stock, lawn and garden irrigation, and evaporation. (4 pages). DELTA COUNTY. CASE NO. 2014CW3082 (REF NO. 07CW35); Montrose and Ouray Counties. Horsefly Creek, San Miguel River. Application for Finding of Reasonable Diligence. Applicant: REHOBOTH LAND PARTNERS, LLC, c/o Sara M. Dunn, Lawrence Bond, Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602; CLAIM FOR FINDING OF REASONABLE DILIGENCE. Paxton Ditch Exchange, a cond. exchange orig. decreed in Case No. 07CW35, Dist. Court, Water Court Div. No. 4, on 10/2/2008. Desc. of Paxton Ditch Exchange: Applicant will divert out-of-priority by exchange the Paxton Ditch Hideout Enl. from Horsefly Creek and several tributaries of Horsefly Creek, a trib. of the San Miguel River and/or Paxton Ditch Ext. Hideout Enl. from an unnamed trib. and drainage and seepage along the course of the ditch trib. to Horsefly Creek a trib. of the San Miguel River. Such diversion by exchange will be placed into storage at Paxton Reservoir and/or Horsefly Lake. To permit the out-ofpriority diversions, Applicant proposes to cause the release of water from any one or combination of Paxton Reservoir Nos. 2 through 4. Paxton Ditch Hideout Enl.: at a pt. on the W. bank of Horsefly Creek whence the N.W. corner of Sec. 27, T. 46 N., R. 10 W., N.M.P.M. bears N. 29 deg., 14 min. W., 8,257 ft.; The uppermost pt. of diversion for the Paxton Ditch Hideout Enl. is also desc. as located in the SE1/4, NE1/4, Sec. 34, T. 46 N., R. 10 W., N.M.P.M. 1,750 ft. from the N. Sec. Line and 1,250 ft. from the E. Sec. Line of said Sec. 34. Paxton Ditch Ext. Hideout Enl.: at a pt. on the W. bank of an unnamed trib. of Horsefly Creek at a pt. whence the N.W. corner of Sec. 3, T. 45 N., R. 10 W., N.M.P.M. bears N. 28 deg., 03 min. W., 8,394 ft.; The uppermost pt. of diversion for the Paxton Ditch Ext. Hideout Enl. is also desc. as located in the SW1/4, SE1/4, Sec. 34, T. 46 N., R. 10 W., N.M.P.M. 3,000 ft. from the W. Sec. Line and 150 ft. from the S. Sec. Line of said Sec. 34. The downstream terminus of the exchange is located in Sec. 28, T. 46 N., R. 10 W., N.M.P.M. at a pt. on the W. Sec. Line and 1,250 ft. S. of the N. Sec. Line of said Sec. 28. The max. rate of exchange is 1.61 c.f.s. cond., for any combination of diversions by exchange at the Paxton Ditch Hideout Enl. and/or Paxton Ditch Ext. Hideout Enl. The approp. date of the exchange is 3/30/2007. In the diligence period preceding the filing of this application, Applicant has diligently pursued development of the subject cond. water rights. Examples of work done to establish diligence are on file with this court. Name and Address of Owner of Land upon which structures are located, upon which water is Stored, and upon which water will be placed to Beneficial Use: Applicant. 6 pgs. Incl. Exhibit: Map. MONTROSE AND OURAY COUNTIES. CASE NO. 2014CW3083 (REF NO. 05CW272); Montrose County. Runoff and surface flows tributary to Horsefly Creek, tributary to the San Miguel River. Application for Finding of Reasonable Diligence. Applicant: Eldred Colorado Family, LP, c/o Sara M. Dunn and Lawrence Bond, Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602; CLAIMS FOR FINDING OF REASONABLE DILIGENCE. Previous Decree: Case No. 05CW272, 8/29/2008, Dist. Court, Water Div. No. 4. Structure: ELDRED POND 6. Legal Description of Location of Dam: Location of midpt. of two CMP outlet pipes located at N.W. corner of dam described as follows: NE¼, NW¼, SE¼, Sec. 2, T. 45 N., R. 11 W., N.M.P.M., 2,600 ft. from the S. Sec. line and 1,680 ft. from the E. Sec. line of said Sec. 2. GPS coordinates in NAD 83: 12 S , (pts. were averaged, Garmin Map 76CS). Date of Approp.: 12/30/2005. Amt.

8 Claimed: 8.0 acre-ft., cond. Use: irr. of lands. Land to be irrigated is owned by Applicant and is located in the NE ¼, Sec. 2, T. 45 N., R11 W., N.M.P.M., cond. Physical properties: Surface Area of High Water Line: 3.2 acres. Max. Ht. of Dam, in ft.: less than 10 ft. to base of spill channel. Length of Dam, in ft.: 480 ft. Total Capacity of Reservoir: 8.0 AF. Active Capacity: 6.0 AF. Dead Storage: 2.0 AF. Structure: HOFMANN RESERVOIR NO. 3. Legal Description of Location of Dam: Approx. center of reservoir located in the NW¼, SE¼, NE¼, Sec. 34, T. 46 N., R. 10 W., N.M.P.M., 3,700 ft. from the S. Sec. line and 1,120 ft. from the E. Sec. line of said Sec. 34. Date of Approp.: Hofmann Reservoir No. 3: 9/5/1987. Amt. Claimed: 3.5 AF, cond. Use: stock watering. Physical properties: Surface Area of High Water Line: 0.70 acre. Max. Ht. of Dam, in ft.: less than 10 ft. to base of spill channel. Length of Dam, in ft.: 160 ft. Total Capacity of Reservoir: 3.5 AF. Active Capacity: 2.8 AF. Dead Storage: 0.7 AF. Structure: ELDRED SPRING 3. Legal Description: NW¼, NE¼, NW¼, Sec. 17, T. 45 N., R. 10 W., N.M.P.M., 4,690 ft. from the S. Sec. line and 3,420 ft. from the E. Sec. line of said Sec. 17. GPS coordinates in NAD 83: 13 S , (pts. were averaged, Garmin Map 76CS). Date of Approp.: 12/30/2005. Amt. Claimed: cfs (15 gpm), cond. Use or Proposed Use: domestic in additional structures beyond the single family dwelling made absolute in Case No. 05CW272. In the diligence period preceding the filing of this application, Applicant has diligently pursued development of the above described cond. water rights. Examples of work done to establish diligence are on file with this court. Name and Address of Owner of Land upon which structures are located, upon which water is Stored, and upon which water will be placed to Beneficial Use: Applicant. 7 pgs. Inc. 2 Exh. Maps. MONTROSE COUNTY. AMENDED/CORRECTED CASE NO. 2013CW3010. District Court, Water Division 4, Colorado, Court Address: 1200 North Grand Avenue, Bin A, Montrose, Colorado 81401, Phone: , CONCERNING THE APPLICATION FOR WATER RIGHTS OF, Applicant: Donald Lee Johnson, In the Dolores River or its Tributaries, In Mesa COUNTY. (Karl F. Kumli, III, 2060 Broadway, Suite 400, Boulder, Colorado 80302, Phone Number: ), Case Number: 13CW3010. AMENDED APPLICATION FOR ABSOLUTE UNDERGROUND WATER RIGHT. 1. Name, mailing address, of applicant(s) Donald Lee Johnson, Mailing Address: County Road 36, Steamboat Springs, Colorado Name(s) of well(s) and permit, registration, or denial number(s). Johnson Homestead Well, Permit Registration Number: Legal description of well: UTM coordinates Northing ; Easting , Zone 12; Street Address: Highway 141, Gateway, Colorado Legal Description: County Mesa, NW 1/4 of the, SE 1/4, Section 15, Township 51N, Range 19W, Principal Meridian NMPM, 1858 Feet from S and 2265 Feet from E. Source of PLSS information: CDWR Field Inspection Report. 4. A. Source of water: Groundwater tributary to West Creek and the Dolores River. B. Depth of well: 60 feet. 5. A. Date of appropriation: 12/31/1950. B. How appropriation was initiated: Construction of Well and Application to beneficial use. C. Date water applied to beneficial use: 12/31/ A. Amount claimed Absolute: 15 (gpm). B. Amount claimed in acre feet annually Absolute: 2 (acre feet). 7. N/A. 8. If well is nontributary: N/A. 9. Use or Proposed Use: Household use in one single-family dwelling and irrigation of one acre of lawn and garden. Fire Protection. Watering of domestic animals and poultry. A. Number of acres historically irrigated 1 acre. Legal description of acreage. Acreage is in the NW1/4, SE1/4, T51N, R19W NMPM. (A map of the location of the irrigated acreage is attached to Amended Application as Exhibit A). C. i. Number of single-family dwellings served 1. ii. Area of

9 lawns and gardens irrigated 1acres. iii. Domestic animals watering: Yes. 10. Remarks: Well and land where water is used are owned by Applicant. MESA COUNTY. 2013CW03034 OURAY COUNTY 1. Applicant: Fairway Pines Estates Owners Association, c/o Chris Carr, P.O. Box 151, Ridgway CO 81432, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, AMENDED APPLICATION FOR WATER STORAGE RIGHTS 2. Name of Structure: Fairway Pines Estate Owners Ponds 1 and 2 and Fairway Pines Golf Course Ponds #2-4 and Fairway Pines Reservoir. 3. Legal Description of location of dams: Fairway Pines Estate Owners Pond 1: to be constructed at a point in the SW1/4SW1/4, Section 31, Township 46 North, Range 8 West, N.M.P.M., at a point 841 feet north of the south section line and 1,034 feet east of the west section line. UTM coordinates Easting ; Northing (NAD83, Zone 13). Fairway Pines Estate Owners Pond 2: to be constructed at a point in the SW1/4SW1/4, Section 31, Township 46 North, Range 8 West, N.M.P.M., at a point 802 feet north of the south section line and 618 feet east of the west section line. UTM coordinates Easting ; Northing (NAD83, Zone 13). Fairway Pines Golf Course Pond #2: in the NE1/4NE1/4, Section 36, Township 46 North, Range 9 West, N.M.P.M., at a point 633 feet south of the north section line and feet 140 west of the east section line. UTM coordinates Easting ; Northing (NAD83, Zone 13). Fairway Pines Golf Course Pond #3: in the NE1/4NE1/4, Section 36, Township 46 North, Range 9 West, N.M.P.M., at a point 1038 feet south of the north section line and 140 feet west of the east section line. UTM coordinates Easting ; Northing (NAD83, Zone 13). Fairway Pines Golf Course Pond #4: to be constructed at a point in the NE1/4NE1/4, Section 36, Township 46 North, Range 9 West, N.M.P.M., at a point 433 feet south of the north section line and 220 feet west of the east section line. UTM coordinates Easting ; Northing (NAD83, Zone 13). Fairway Pines Reservoir is in the SW1/4SW1/4, Section 30, Township 46 North, Range 8 West, N.M.P.M., at a point 1,302 feet north of the south section line and 1,699 feet east of the west section line. UTM coordinates Easting ; Northing (NAD83, Zone 13 North). 4. Name and capacity of ditch or ditches used to fill reservoir, and legal description of point of diversion: The Fairway Pines Estates Owners Association Pumping Plant, which will take water from Dallas Creek at a point in the NW1/4NW1/4 of Section 7, Township 45 North, Range 8 West, N.M.P.M. approximately 1024 feet east of the west section line and 525 feet south of north section line (UTM coordinates Easting , Northing , Zone 13. (See map attached.) From this pump site, located on the west side of the Ouray County Road 24 bridge approximately 500 feet south of its intersection with Ouray County Road 1, a pipeline of appropriate size and materials will be constructed to connect to the existing 6 raw water pipeline which serves Divide Ranch and Club Golf Course. 5. Date of Appropriation: September 20, 2014; 6. Amount: 0.55 c.f.s., 80.0 acre-feet all conditional; 7. Uses: fire protection; irrigation of golf course and greenbelt; industrial use by Ouray County for roads and other projects; aesthetics; recreation, and emergency domestic use by the members of Applicant. 8. Source of Water: Dallas Creek, tributary to the Uncompahgre River. 9. Comments: Applicant intends to have water pumped when in priority, using the new Pumping Plant system, and deliver the water into the Ponds and the Fairway Pines Reservoir. The water would then be made available to fire fighting entities, Ouray County, and the owner of the golf course. In times of shortage,

10 the water could be delivered to the Log Hill Village treatment plant, providing a redundant supply of domestic water. OURAY COUNTY. 2014CW3065, MESA COUNTY, JOHNSON CREEK, NORTH EAST CREEK, EAST CREEK, GUNNISON RIVER. Alpha Family L.L.C., Attention: Sigma Alpha, Road, Grand Junction, CO 81505, (970) ; Applicant s Attorneys: Mark A. Hermundstad and Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) , mherm@wth-law.com, kmkurath@wthlaw.com; Amended Application to Make Absolute, or, in the Alternative, For Finding of Reasonable Diligence. Name of Structures: Alpha Spring, Halvor Lake Feeder Pipeline, and Halvor Lake; Alpha Spring: Orig. Decree: March 6, 2002, Case No. 00CW221, Division 4; Subsequent Decree Awarding Diligence: August 26, 2008, Case No. 08CW34, Division 4; Legal Description: Located at a point approximately 2770 feet south of the North Section Line and 2140 feet west of the East Section Line of Section 6, T. 14 S., R. 101 W., 6th P.M.; As noted in the decree in Case No. 08CW34, the Division Engineer's GPS reading and PLSS calculation puts the point of diversion at a point 2625 feet south of the North Section Line and 2151 feet west of the East Section Line. This point is within 200 feet of the point described in the decree entered in Case No. 00CW221. See Exhibit A to the Application. Source: A spring tributary to Johnson Creek, tributary to North East Creek, tributary to East Creek, tributary to the Gunnison River; Appropriation Date: July 8, 2000; Amount: c.f.s. This amount was made absolute for domestic use in one single family dwelling and for wildlife water use in Case No. 08CW34. This amount remains conditional for recreation and irrigation purposes; Use: Domestic, recreation, wildlife watering, and irrigation of up to two acres of natural vegetation to enhance forage for wildlife. Halvor Lake Pipeline Feeder: Orig. Decree: March 6, 2002, Case No. 00CW221, Division 4; Subsequent Decree Awarding Diligence: August 26, 2008, Case No. 08CW34, Division 4; Legal: Located in the NW1/4 SE1/4 of Section 6, T. 14 S., R. 101 W., 6th P.M., at a point approximately 3273 feet south of the North Section Line and 1975 feet west of the East Section Line of said Section 6; See Exhibit A to the Application. Source: Johnson Creek, tributary to North East Creek, tributary to East Creek, tributary to the Gunnison River; Appropriation Date: July 8, 2000; Amount: 0.2 c.f.s., conditional; Use: Water diverted under this water right will be stored in Halvor Lake, described below, and will be used for recreation, wildlife watering, irrigation of up to two acres of natural vegetation to enhance forage for wildlife, and fish propagation. Halvor Lake: Orig. Decree: March 6, 2002, Case No. 00CW221, Division 4; Subsequent Decree Awarding Diligence: August 26, 2008, Case No. 08CW34, Division 4; Legal: Location: The center of the dam for Halvor Lake is located in the NW1/4 SE1/4 of Section 6, T. 14 S., R. 101 W., 6th P.M., at a point 2856 feet south of the North Section Line and 2060 feet west of the East Section Line of said Section 6. See Exhibit A to the Application. Ditch used to fill the Lake: Halvor Lake is an off-channel reservoir. The Halvor Lake Feeder Pipeline, described above, will be used to fill Halvor Lake, at the rate of up to 0.2 c.f.s.; Source: The Halvor Lake Feeder Pipeline, described above, will be used to fill Halvor Lake. In addition, small springs and natural runoff occurring above Halvor Lake will flow into and be a source for the Lake. All of the sources for Halvor Lake are tributary to Johnson Creek, tributary to North East Creek, tributary to East Creek, tributary to the Gunnison River; Appropriation Date: July 8, 2000; Amount: 2.0 acre feet, conditional, together with the right to fill and refill the Lake when water is available in priority; Use: The water in Halvor Lake will be used for recreation, wildlife watering, irrigation of up to two acres of natural vegetation to enhance forage for wildlife, and fish propagation. Each of the conditional water rights described above is a feature of a project or integrated system to supply water for the purposes for which such rights are

11 decreed. Applicant seeks to make the Halvor Lake Feeder Pipeline and Halvor Lake absolute, in their full decreed amounts, for recreation and wildlife watering purposes. Applicant started to fill Halvor Lake, using water diverted under the Halvor Lake Feeder Pipeline and small springs and natural runoff occurring above Halvor Lake, on September 19, 2014, and completed the filling of the reservoir by September 21, Applicant has decided to limit the use of Halvor Lake and the Halvor Lake Feeder Pipeline to recreation and wildlife watering purposes, and no longer plans to use the water for irrigation or fish propagation purposes. Accordingly, Applicant requests that the conditional uses for Halvor Lake and the Halvor Lake Feeder Pipeline of irrigation of up to two acres of natural vegetation to enhance forage for wildlife and fish propagation be cancelled. To the extent that the conditional uses for Halvor Lake and the Halvor Lake Feeder Pipeline of recreation and wildlife watering are not made absolute, Applicant requests that the court determine that Applicant has been reasonably diligent in the development of these conditional water rights and that they be continued in full force and effect. The Application contains a detailed outline of the work that has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed. The water rights for the Alpha Spring remain conditional for recreation and irrigation purposes. Applicant has decided to limit the use of the Alpha Spring to its current absolute uses of domestic and wildlife watering, and no longer plans to use the water for irrigation or recreation uses. Accordingly, Applicant requests that the remaining conditional uses for the Alpha Spring (recreation and irrigation of up to two acres of natural vegetation to enhance forage for wildlife) be cancelled. Name and Address of Land Owners: Applicant (9 pages). MESA COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of December, 2014 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