DIVISION 5 WATER RESUME – DECEMBER 2005 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005.

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308, C.R.S. (2005) directs the State Engineer to establish a notification list for each water division to notify interested parties of requests for approval of: substitute water supply plans (§37-92-308), loans for an instream flow (§37-83-105), and interruptible water supply agreements (§37-92-309). To receive this information for calendar year 2006, specify whether you prefer to receive the information by first-class mail or electronic mail and send your name, mailing address, e-mail address, daytime telephone number, and water division(s) to: Substitute Water Supply Plan Notification List, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203 or e-mail to: dwr-swsplist@state.co.us. There is a $12 fee for this information per calendar year, per water division. The fee may be paid by Visa, MasterCard, check or money order payable to the Colorado Division of Water Resources. If paying by credit card, please include the credit card number and expiration date.

Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us/. Questions may be directed to the Division of Water Resources at (303) 866-3581 or dwr-swsplist@state.co.us. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW238 Garfield, Eagle, and Grant Counties - Sweetwater Creek. Application for Appropriative Right of Exchange. 7W Guest Ranch, LLC, c/o Susie Wilhelm, P.O. Box 5259, Eagle, CO 81631, 970-524-9328. Direct all pleadings to: David S. Hayes, Petros & White, LLC, 730 17th Street, Suite 820, Denver, Colorado 80202. Name of exchange: 7W Guest Ranch Exchange. Description of exchange: Pursuant to §§ 37-80-120, 37-83-104 & 37-92-302(1)(a), C.R.S., Applicant seeks adjudication of an appropriative right of exchange whereby water that is available to the Applicant is delivered to the Colorado River in order to supply downstream appropriators, and an equivalent amount of water is diverted from two springs tributary to Sweetwater Creek, tributary to the Colorado River, as more fully described below. Location of structures and exchange reach: A. Upstream terminus: The upstream terminus of the 7W Guest Ranch Exchange is the point of diversion for the following two springs: i. Beard Spring: Located in Section 28, Township 3 South, Range 87 West, 6th P.M., Garfield County, Colorado, the point of diversion for which bears S. 34°01’53” W. 2855.6 feet from the NE corner of said Section 28. The Beard Spring was previously decreed on February 18, 1988, in Case No. 87CW239, District Court, Water Division 5, for the diversion of water tributary to Sweetwater Creek, in the amount of 0.0223, c.f.s. (10 g.p.m.), absolute, for domestic, fire fighting, stock watering, and irrigation uses, with an appropriation date of May 1, 1987. ii. Mills Spring: Located in Section 28, Township 3 South, Range 87 West, 6th P.M., Garfield County, Colorado, the point of diversion for which bears S. 34°01’53” W. 2855.6 feet from the NE corner of said Section 28. The Mills Spring was previously decreed on February 18, 1988, in Case No. 87CW240, District Court, Water Division No. 5, for the diversion of water tributary to Sweetwater Creek, in the amount of 0.0334 c.f.s. (15 g.p.m.), absolute, for domestic, fire fighting, stock watering, and irrigation uses, with an appropriation date of December 31, 1952. B. Downstream terminus: The downstream terminus of the 7W Guest Ranch Exchange is the confluence of Sweetwater Creek and the Colorado River, in Section 9, Township 4 South, Range 86 West, 6th P.M., Eagle County, Colorado. Water and water rights used for substitution/replacement: The substitute/replacement source for 7W Guest Ranch Exchange is water released from Wolford Mountain Reservoir, pursuant to a Water Supply Contract (CW04020) with the Colorado River Water Conservation District (“River District”), dated December 22, 2004. The River District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) pursuant to the following water rights: A. Legal description of place of storage: The dam is located in Grand County in the SW ¼ of the NE ¼ of Section 25, Township 2 North, Range 81 West, 6th P.M. The intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05) occurs at a point which bears S. 53º24’56” E. a distance of 3,395.51 feet from the NW corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75º 28’ 29” E. B. Source: Muddy Creek and its tributaries. C. Previous storage decrees: i. Case No. 87CW283: Decree Date: November 20, 1989. Court: District Court, Water Div. No. 5. Amount: 59,993 AF. Appropriation Date: December 14, 1987. Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. ii. Case No. 95CW281: Decree Date: August 26, 1997. Court: District Court, Water Div. No. 5. Amount: 6,000 AF (enlargement). Appropriation Date: Jan. 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial, recreational and environmental mitigation. iii. Case No. 98CW237: Decree Date: July 6, 2000. Court: District Court, Water Div. No. 5. Amount: 30,000 AF (refill). Appropriation Date: Nov. 17, 1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Cases No. 87CW283 and 95CW281. Appropriation: A. Date of initiation of appropriation: January 31, 2005. B. How appropriation was initiated: The appropriation of the 7W Guest Ranch Exchange was initiated by the operation of said exchange with prior approval of the Water Commissioner. C. Date water applied to beneficial use: January 31, 2005. Amount: 0.06 c.f.s., absolute. Uses: The water diverted by exchange is used for domestic, fire protection, stock watering, and irrigation purposes. Names and addresses of owners of land on which structures are located: A. Wolford Mountain Reservoir: Colorado River Water Conservation

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District, P.O. Box 1120, Glenwood Springs, CO 81602. B. The Beard Spring and Mills Spring are located on property owned by the Applicant. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S)COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW239 MESA AND GARFIELD COUNTIES, TRIBUTARIES OF ROAN CREEK AND COLORADO RIVER. OXY USA WTP LP, Attn: T. Kent Woolley, Sr Landman Advisor, Rocky Mtn Asset Team, P. O. Box 27757, Houston, TX 77227-7757, (713) 350-4866; with a copy to Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Structures: Cities Service Pipe Line and Pumping Plant, Cascade Canyon Pipeline, Cascade Canyon Reservoir, Conn Creek Pipeline, Conn Creek Reservoir; (i) Cities Service Pipe Line and Pumping Plant and its extension to which, on November 10, 1970, in Civil Action No. 6404 in the District Court of Garfield County, Colorado, was decreed a Conditional Priority in Water District No. 70, now a part of Water Division No. 5, the structure being No. 118, with Conditional Priority No. 188, for 100 cubic feet of water per second of time, with appropriation date as of the 2nd day of August, 1951, from the Colorado River, Mesa County, Colorado. The original point of diversion for this water right was located on the right bank of the Colorado River near DeBeque, Colorado, whence the West Quarter Corner of Section 27, T8S, R97W of the 6th P.M. bears South 79°29' West 1,720 feet in Mesa County. By decree of this Court dated November 1, 1976, in Case No. W-2969, the point of diversion was changed to “the present point of diversion” located on the right bank of the Colorado River at a point whence the Northeast Corner of Section 28, T8S, R97W of the 6th P.M. bears North 18°59'32" East 5,569.92 feet. By decree of this Court dated October 31, 1984, in Case 82CW367, two alternate points of diversion were decreed for this water right. The first alternate point of diversion is located at a point on the right bank of the Colorado River from whence the Southeast Corner of Section 28, T8S, R97W of the 6th P.M. bears South 33°45' East 1,212 feet. The second alternate point of diversion is located at the headgate of the Larkin Ditch at a point on the south bank of the Colorado River whence the Southeast Corner of the SW1/4 of Section 27, T8S, R97W of the 6th P.M. bears South 02°45' West a distance of 2,830 feet. (ii) Cascade Canyon Pipeline to which, on November 10, 1970, in Civil Action No. 6404 in the District Court of Garfield County, Colorado, was decreed a Conditional Priority in Water District No. 70, now a part of Water Division No. 5, the structure being No. 129, with Conditional Priority No. 199, for 10 cubic feet of water per second of time, with appropriation date as of the 25th day of August, 1966. The point of diversion is on the right bank of Cascade Creek whence the North Quarter Corner of Section 10, T6S, R97W of the 6th P.M. bears North 41°42' East a distance of 4,646 feet. The source of supply is Cascade Creek, a tributary of Conn Creek, a tributary of Roan Creek, Garfield County, Colorado. (iii) Cascade Canyon Reservoir to which, on November 10, 1970, in Civil Action No. 6404 in the District Court for Water District No. 70, now a part of Water Division No. 5, was decreed a Conditional Priority, the structure being No. 130 with Conditional Priority No. 200 for 619.47 acre feet of water, together with the right to refill whenever there is storage capacity and water available, with appropriation date as of the 25th day of August, 1966. The initial point of survey of the high water line of the reservoir is located at a point whence the North Quarter Corner of Section 10, T6S, R97W of the 6th P.M. bears North 39°35' East a distance of 4,484.7 feet. The source of supply is Cascade Creek, a tributary of Conn Creek, a tributary of Roan Creek, Garfield County, Colorado. An alternate source of supply is the Colorado River through the Cities Service Pipe Line and Pumping Plant. (iv) Conn Creek Pipeline to which, on November 10, 1970, in Civil Action 6404 in the District Court of Garfield County, Colorado, was decreed a Conditional Priority in Water District No. 70, now a part of Water Division No. 5, the structure being No. 131, with Conditional Priority No. 201, for 10 cubic feet of water per second of time with appropriation date as of the 25th day of August, 1966. The point of diversion is on the left bank of Conn Creek whence the Northwest Corner of Section 17, T6S, R97W of the 6th P.M. bears North 88°04'37" West a distance of 1,181.81 feet. The source of supply is Conn Creek, a tributary of Roan Creek, Garfield County, Colorado. (v) Conn Creek Reservoir to which, on November 10, 1970, in Civil Action No. 6404 in the District Court of Garfield County, Colorado was decreed a Conditional Priority in Water District No. 70, now a part of Water Division No. 5, the structure being No. 132, with Conditional Priority No. 202, for 422.75 acre feet of water, together with the right to refill whenever there is storage capacity and water available, the appropriation date as of the 25th day of August 1966. The initial point of survey of the high water line of the reservoir is located at a point whence the Northwest Corner of Section 17, T6S, R97W of the 6th P.M. bears South 89°15'29" West a distance of 1,004.93 feet. The source of supply is Conn Creek, a tributary of Roan Creek, Garfield County, Colorado. An alternate source of supply is the Colorado River through the Cities Service Pipe Line and Pumping Plant. The uses for which each of the above described water rights were decreed are for industrial, municipal, domestic, recreational, irrigation, power, mining, retorting, refining and other beneficial

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uses and purposes, consumptive and non-consumptive, relating to the production of shale oil and its by-products, including maintenance of a general camp and community in and adjacent to the oil shale lands of Applicant lying in western Colorado. Detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures, is included in the Application; Name and address of landowners: All points of diversion or places of storage for the conditional water rights are located on land owned by Applicant, except the second alternate point of diversion for the Cities Service Pipe Line and Pumping Plant which is located at the headgate of the Larkin Ditch. The Larkin Ditch is owned by the Larkin Irrigation Company, DeBeque, Colorado 81630. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW240 GRAND COUNTY-WINDY GAP/WOLFORD MOUNTAIN RESERVOIR. Drake Revocable Trust c/o Donald N. Drake/Trustee; 14843 W. 32 Dr.; Golden, CO 80401 (303)273-9257. Grand Country Well No. 1 and No. 2-Application for Approval of Plan for Augmentation. Location: Grand Country Well No. 1-NE¼NE¼ of Sec. 4, T.1S, R.76W. of the 6th P.M. 452 ft. from the north sec. line and 340 ft. from the east sec. line. Appropriation: Dec. 19, 2005. Amount: 1.34 acre-feet per year. Use: commercial. Grand Country Well No. 2-NE¼NE¼ of Sec. 4, T.1S, R.76W. of the 6th P.M. 589 ft. from the north sec. line and 1,645 ft. from the east sec. line. Appropriation: Dec. 19, 2005. Amount: 0.40 acre-feet per year. Use: commercial. (13 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW241 - RIO BLANCO AND GARFIELD COUNTIES - APPLICATION FOR WATER RIGHTS (SURFACE) - 1.Name, address, telephone number of applicant: United States of America, c/o Robert D. Comer, # 16810 and Thomas R. Graf, # 23586, Special Assistant, United States Attorneys, Office of the Solicitor, Rocky Mt. Region, Department of the Interior, 755 Parfet St., Suite 151,Lakewood, CO 80215, Telephone (303) 231-5353, extension 551 2. Name of structure: Middle Tschuddi Gulch Spring, West Tschuddi Pit Spring #4, East Sawmill Creek Spring #1 3.Legal description of each point of diversion: Middle Tschuddi Gulch Spring: Located on public lands in the SE/4 SW/4 SE/4, Section 27, T3N R96W, Sixth P.M., approximately 475 feet north of the south section line and 1,426 feet west of the east section line. West Tschuddi Pit Spring #4: Located on public lands in the NW/4 SE/4 SW/4, Section 16, T2N R96W, Sixth P.M., approximately 1,154 feet north of the south section line and 1,848 feet east of the west section line. East Sawmill Creek Spring #1: Located on public lands in the SW/4 SE/4 SW/4, Section 28, T5S R103W, Sixth P.M., approximately 450 feet north of the south section line and 1,875 feet east of the west section line. 4. Source: Middle Tschuddi Gulch Spring: Middle Tschuddi Gulch/Tschuddi Gulch/Black’s Gulch/White River West Tschuddi Pit Spring #4: West Tschuddi Gulch/Tschuddi Gulch/Black’s Gulch/White River East Sawmill Creek Spring #1: Unnamed tributary to East Fork Sawmill Gulch/Sawmill Gulch/Evacuation Creek/White River 5. A. Date of appropriation: Middle Tschuddi Gulch Spring: 12/31/1979 West Tschuddi Pit Spring #4: 12/31/1979 East Sawmill Creek Spring #1: 06/12/1934 B. How appropriation was initiated: BLM authorized use of the water sources and their associated water sources by grazing permittees. C. Date water applied to beneficial use: Middle Tschuddi Gulch Spring: 12/31/1979 West Tschuddi Pit Spring #4: 12/31/1979 East Sawmill Creek Spring #1: 06/12/1934 6. Amount claimed: Middle Tschuddi Gulch Spring: 0.0067 cfs, absolute West Tschuddi Pit Spring #4: 0.0022 cfs, absolute East Sawmill Creek Spring #1: 0.0022 cfs, absolute 7. Uses: Livestock watering Middle Tschuddi Gulch Spring: The spring provides water for a herd of up to 510 cattle on the Black’s Gulch Allotment 06612. West Tschuddi Pit Spring #4: The spring provides water for a herd of up to 510 cattle on the Black’s Gulch Allotment 06612. East Sawmill Creek Spring #1: The spring provides water for up to 700 cattle on the McAndrews Gulch Allotment 06537. 8. Name and address of owner of land on which

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point of diversion and place of use is located: United States of America, Department of the Interior, Bureau of Land Management, White River Field Office, 73544 Highway 64, Meeker, CO 81641. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S)COMPRISE A RESUME AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW242 Garfield and Pitkin Counties, Thomas Creek, tributary to Crystal River Alluvium tributary to Crystal River tributary to Roaring Fork River, tributary to the Colorado River. Application for Finding of Reasonable Diligence by Thomas H. Harvey, c/o Scott Balcomb and Scott Grosscup, Balcomb & Green, PC, PO Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. Structures: FDRW Wells No. 1, 2 and 3; East Mesa Ditch FDRW Enlargement; FDRW Ditch and FDRW Pond. Info. from Original Decree: FDRW Wells Nos. 1, 2 and 3. Decree Date 12/21/1999, Case No. 98CW283, Div. 5. Decreed Points of Diversion for the three wells: FDRW Well No. 1 located in the NE1/4 NE1/4, Sec. 22, T8S, R88 W 6PM at a point 600 ft s. of the n. sec. line, 300 ft w. of the e. sec. line of Sec. 22; FDRW Well No. 2 located in the NW1/4 NW1/4, Sec. 23, T8S, R88 W 6PM at a point 1,000 ft s. of the n. s. line, 400 ft e. of the w. sec. line Sec. 23; FDRW Well No. 3 located in the NW1/4 NW1/4, Sec. 23, T8S, R88 W 6PM at a point 700 ft s. of n. sec. line, 600 ft e. of the w. sec. line Sec. 23. Approp. 11/16/1998; Amt. 0.033 cfs, cond. Use. Dom., Irr., livestock watering and fire protection; Depth: 150 ft each. East Mesa Ditch FDRW Enlargement and FDRW Ditch; Diversion points: East Mesa Ditch FDRW Enlargement located in the NE1/4 SE1/4 of Sec. 9, T9S R88 W 6PM, point 3,000 ft s. of the n. sec. line and 800 ft w. of the e. sec. line of said Sec. 9; FDRW Ditch located in the NE1/4 NE1/4, Sec. 22, T8S R. 88 W 6PM a point 800 ft s. of the n. sec. line, 450 ft w. of the e. sec. line, Sec. 22; Source of East Mesa Ditch FDRW Enlargement, Crystal River; Source FDRW Ditch, Thomas Creek, Approp. 11/16/1998, Amt. 1.0 cfs, cond.; Use. East Mesa Ditch FDRW Enlargement to fill the FDRW Pond and fire protection; FDRW Ditch: Pond filling, irr. and fire protection; FDRW Pond; Legal description FDRW Pond: center of the dam located in the NE1/4 NE1/4 of Sec. 22 T8S R 88 W 6PM a point 450 ft s. of the n. sec. line, 800 ft w. of the e. sec. line, Sec. 22; Source: off-channel reservoir which will be filled by the East Mesa Ditch FDRW Enlargement and FDRW Ditch; Diversion rate 1 cfs per ditch (total 2 cfs), approp. 11/16/1998, 5AF cond. Use: Aug., aesthetics and fire protection; when completed, the FDRW Pond will have a surface area of 0.5AF, max. height of less than 10 ft, length 200 ft, active capacity of 5AF. During the diligence period, Applicant has developed the cond. water right; obtained land use approvals for a 3 parcel development from Pitkin County; drilled one well and demonstrated the feasibility of the water supply for the three structures claimed herein; excavated the area for the FDRW Pond and has tested its ability to store water; constructed certain subdivision improvements such as roads and ditch crossings that are necessary to place the water rights described above to beneficial use; expended in excess of $100,000 for Applicant’s land and water development activities and continues to rely upon the water supplies described above. Applicant owns the land upon which structures are or will be constructed or upon which water is or will be used. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW243 GARFIELD COUNTY – APPLICATION FOR WATER RIGHTS (SURFACE) 1. Name, address, telephone number of applicant: United States of America, c/o Robert D. Comer, # 16810 and Thomas R. Graf, # 23586, Special Assistant U.S. Attorneys, Office of the Solicitor, Rocky Mt. Region, U.S. Department of the Interior, 755 Parfet St., Suite 151, Lakewood, CO 80215, Telephone (303) 231-5353, extension 551. 2. Name of structure: Sawmill Spring 3. Legal description of each point of diversion: Located on public lands in the SW/4 SE/4 NW/4, Section 28, T7S, R100W, Sixth P.M., approximately 2,200 feet south of the north section line and 1,900 feet east of the west section line. 4. Source: Unnamed tributary to Sawmill Gulch/North Dry Fork/Dry Fork/Roan Creek/Colorado River 5. A. Date of appropriation: 04/29/1937 B. How appropriation was initiated: BLM authorized use of this grazing allotment and its associated water sources by grazing permittees. C. Date water applied to beneficial use: 04/29/1937. 6. Amount claimed: 0.022 cfs, absolute 7. Uses: Livestock watering. The spring provides water for a herd of up

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to 200 cattle on the McKay Fork Allotment 06746. 8. Name and address of owner of land on which point of diversion and place of use is located: United States of America, Department of the Interior, Bureau of Land Management, Grand Junction Field Office, 2815 H Road, Grand Junction, CO 81506. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OFAN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW244 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5, DISTRICT COURT, WATER DIVISION 5, COLORADOAPPLICATION FOR WATER RIGHTS (SURFACE) 1. Name, address, telephone number of applicant: United States of America, c/o Robert D. Comer, Thomas R. Graf, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215, Telephone (303) 231-5353, extension 551, 2. Name of structure: Adrian Spring 3. Legal description of each point of diversion: Located on public lands in the Lot 1, NE/4 NW/4, Section 18, T5S, R93W, Sixth P.M., approximately 700 feet south of the north section line and 1,150 feet east of the west section line. 4. Source: Unnamed tributary to Magpie Gulch/Government Creek/Rifle Creek/Colorado River 5. A. Date of appropriation: 07/01/1941 B. How appropriation was initiated: BLM authorized use of the Magpie Gulch Allotment and its associated water sources by grazing permittees. C. Date water applied to beneficial use: 07/01/1941 6. Amount claimed: 0.009 cfs, absolute 7. Uses: Livestock watering This spring provides water for a herd of up to 60 cattle on the Magpie Gulch Allotment. 8. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Glenwood Springs Field Office, 50629 Highways 6 & 24, Glenwood Springs, CO 81601 (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW246 RIO BLANCO COUNTY – APPLICATION FOR WATER RIGHTS (SURFACE) 1. Name, address, telephone number of applicant: United States of America, c/o Robert D. Comer, # 16810 and Thomas R. Graf, # 23586, Special Assistant U.S. Attorneys, Office of the Solicitor, Rocky Mt. Region, Department of the Interior, 755 Parfet St., Suite 151, Lakewood, CO 80215, Telephone (303) 231-5353, extension 551 2. Name of structure: Unajack Spring. 3. Legal description of each point of diversion: Located on public lands in the SE/4 SE/4 NW/4, Section 3, T4S, R94W, Sixth P.M., approximately 2,175 feet south of the north section line and 2,130 feet east of the west section line. 4. Source: Unnamed tributary to Piceance Creek/White River 5.A. Date of appropriation: 06/28/1934 B. How appropriation was initiated: The United States authorized use of this grazing allotment and its associated water sources by grazing permittees. C. Date water applied to beneficial use: 06/28/1934 6.Amount claimed: 0.0022 cfs, absolute 7. Uses: Livestock watering. The spring provides water for a herd of up to 18 cattle on the Morrow Allotment. 8.Name and address of owner of land on which point of diversion and place of use is located: United States of America, Department of the Interior, Bureau of Land Management, Glenwood Springs Field Office, 50629 Highways 6 & 24, Glenwood Springs, CO 81601. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005.

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PAGE 6

05CW247 Eagle County, Lake Creek, Weeping Willow Services, L.P. c/o Caloia, Houpt Hamilton, P.C., 1204 Grand Avenue, Glenwood Springs, CO 81601. Application for Finding of Reasonable Diligence. Structures: Nystrom Well Nos. 1, 2 and 3, and Nystrom Pond No. 1. Original Decree: Case No. 98CW280, District Court in and for Water Division No. 5, entered on 12/13/1999.

LOCATION

Section 18 Location

NAME

AMOUNT

(g.p.m)

conditional

WELL DEPTH

(feet)

¼

¼

FNL* (feet)

FWL** (feet)

Nystrom Well No. 1

15

<100

SE

NW

2,500

1,400

Nystrom Well No. 2

15

<100

NW

SW

2,670

1,190

Nystrom Well No. 3

15

<100

NW

SW

3,020

1,270

*distance in feet from the North Line of Sec. 18, T5S, R82 W of the 6th P.M. ** distance in feet from the West Line of Sec.18, T5S, R82 W of the 6th P.M. Source: Groundwater tributary to Lake Creek, tributary to Eagle River, tributary to Colorado River. Appropriation date: 09/30/1998. Uses: Domestic, irrigation, and fire protection. Nystrom Pond No. 1. NE1/4 NW1/4 of Sec.18, T5S, R82 W of the 6th P.M., 2,550 ft from the N line; 1,440 ft from the W line. Filled by: Lui Hopper Ditch, from West Lake Creek. Maximum rate of fill: 0.11 c.f.s. Source: West Lake Creek, Amt: 0.50 a.f, conditional, with the right to fill and refill in priority. Approp.date: 09/30/1998. Uses: irrigation, recreation, aesthetic, fish and wildlife propagation, and augmentation. Storage: 0.15 a.f.. Owner of land upon which all structures are located: Applicant. The application contains outline of work performed during the diligence period. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OFAN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW248 - Marvine Ranch, LLC (send inquiries c/o Attorneys for Applicant, Monte Pascoe, #3852, Russell W. Kemp, # 30158, Gregory A. Goodman, #35992, IRELAND, STAPLETON, PRYOR, & PASCOE P.C., 1675 Broadway, Suite 2600, Denver, Colorado 80202 (303) 623-2700)) Application to Make Conditional Water Right Absolute Rio Blanco County, Colorado 1. Purpose of this Application: Applicant has been granted the conditional right to use the water described in Paragraph 2 for irrigation purposes. The Applicant continues to use the water for this use in accordance with the original decree. The Application seeks a determination the conditional water right described in Paragraph 2 has been fully appropriated and applied to beneficial use, and should be made absolute. 2. Description of conditional water right: Barbour North Side Ditch 1999 Right: Applicant claims a surface water right, described more particularly as follows: (1) Date of original decree: June 12, 2000; Case No.: 99CW290; Court: District Court, Water Division No. 5; (2) Decreed location: Barbour South Side Ditch: Located at a point on the north bank of Marvine Creek, whence the SW corner of Section 5, Township 1 North, Range 90 West of the 6th P.M., bears South 13°15' East, a distance of 1,835.7 feet.; (3) Source: Marvine Creek, tributary to the White River.; (4) Appropriation date: February 25, 1998; (5) Amount: 0.3 cfs, conditional; (6) Acquisition of ownership of conditional water right by applicant: By Bargain and Sale Deed dated December 12, 2000, Diamond M, LLC conveyed the conditional surface water right decreed for Barbour North Side Ditch 1999 Right to Marvine Ranch, LLC, and on December 12, 2000, Diamond M, LLC conveyed to Marvine Ranch, LLC by General Warranty Deed the property on which the Barbour North Side Ditch is located; (7) Conditional Uses: Re-irrigation of 11.2 acres that were historically irrigated under the Lodge Creek Ditch water right. 3. Outline of work and expenditures during the diligence period toward completion of appropriation and application of water to beneficial use: Applicant and its predecessors have constructed, used, and maintained structures and have acquired, used, and maintained equipment to put water in the Barbour North Side Ditch to beneficial use for the conditionally decreed use, including the use of stored water for flood irrigation of the 11.2 acres of hay fields on the Marvine Ranch. Because the original Application in this case was to adjudicate a new water right for re-irrigation of historically irrigated lands which were dried up as part of an augmentation plan, all of the necessary infrastructure to put this water right to

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 7

beneficial use was already in place at the time of the original Application. Applicant has continually put the subject water right to beneficial use, and has continually performed all of the necessary maintenance on the Barbour North Side Ditch and all ancillary structures to maintain such continual use (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW249(95CW326) GARFIELD COUNTY. DIVIDE CREEK AND COLORADO RIVER. SWD, LLC, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Madoline E.S. Wallace, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of conditional water right: McPherson Pond. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the SW1/4 of Section 12, Township 6 South, Range 92 West of the 6th P.M. approximately 1410 feet north of the south section line and 895 feet cast of the west section line of said Section 12. Source: The pond is filled from irrigation return flow via deliveries from Divide Creek and by direct diversions from the Colorado River. Date of appropriation: May 1, 1977. Amounts and Uses: 5.55 a.f., conditional, for irrigation, piscatorial, aesthetic and recreation; 14.64 a.f., conditional, for domestic, commercial, industrial, municipal, augmentation and exchange. Maximum height of dam: Excavated pond less than 10.0 feet. Length of dam: 300.0 feet. Total capacity of reservoir: 14.64 a.f. Active capacity of reservoir: 13.64 a.f. Dead storage: 1.0 a.f. Names and capacities of ditches leading to reservoir: Mineota Ditch (23.53 c.f.s.) and the Valley Farms Pump & Pipeline (4.5 c.f.s. of which Applicant owns 4.0 c.f.s.). Name of conditional water right: Stillwater Pond No.1. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the NW1/4 of Section 13, Township 6 South, Range 92 West of the 6th P.M. approximately 170 feet south of the north section line and 195 feet east of the west section line of said Section 13. Source: The pond is filled from irrigation return flows tributary to the Colorado River supplied from Divide Creek and by direct deliveries from the Colorado River. Date of appropriation: August 28, 1995. Amount: 3.91 a.f., conditional. Uses: Irrigation, aesthetic, piscatorial, recreational, domestic, municipal, commercial, industrial, and for augmentation and exchange purposes. Maximum height of dam: Excavated pond less than 10.0 feet. Length of dam: 175.0 feet. Total capacity of reservoir: 3.91 a.f. Active capacity of reservoir: 3.56 a.f. Dead storage: 0.35 a.f. Names and capacities of ditches leading to reservoir: Mineota Ditch (23.53 c.f.s.) and the Valley Farms Pump & Pipeline (4.5 c.f.s. of which Applicant owns 4.0 c.f.s.). Name of conditional water right: Stillwater Pond No. 2. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the NE1/4 of Section 14, Township 6 South, Range 92 West of the 6th P.M. approximately 1165 feet south of the north section line and 515 feet west of the east section line of said Section 14. Source: The pond is filled from Divide Creek through the Mineota Ditch and by direct deliveries from the Colorado River. Date of appropriation: August 28, 1995. Amount: 4.79 a.f., conditional. Uses: Irrigation, aesthetic, piscatorial, recreational, domestic, municipal, commercial, industrial, and for augmentation and exchange purposes. Maximum height of dam: Excavated pond less than 10.0 feet. Length of dam: 80.0 feet. Total capacity of reservoir: 4.79 a.f. Active capacity of reservoir: 4.29 a.f. Dead storage: 0.5 a.f. Names and capacities of ditches leading to reservoir: Mineota Ditch (23.53 c.f.s.) and the Valley Farms Pump & Pipeline (4.5 c.f.s. of which Applicant owns 4.0 c.f.s.). Name of conditional water right: Stillwater Pond No. 5. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the NW1/4 of Section 14, Township 6 South, Range 92 West of the 6th P.M. approximately 690 feet south of the north section line and 215 feet east of the west section line of said Section 14. Source: The pond is filled from Divide Creek through the Mineota Ditch and by direct deliveries front the Colorado River. Date of appropriation: August 28, 1995. Amount: 17.81 a.f., conditional. Uses: Irrigation, aesthetic, piscatorial, recreational, domestic, municipal, commercial, industrial, and for augmentation and exchange purposes. Maximum height of dam: Excavated pond less than 10.0 feet. Length of dam: 225.0 feet. Total capacity of reservoir: 17.81 a.f. Active capacity of reservoir: 16.81 a.f. Dead storage: 1.0 a.f. Names and capacities of ditches leading to reservoir: Mineota Ditch (23.53 c.f.s.) and the Valley Farms Pump & Pipeline (4.5 c.f.s. of which Applicant owns 4.0 c.f.s.). Name of conditional water right: Stillwater Pond No. 6. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the NE1/4 of Section 15, Township 6 South, Range 92 West of the 6th P.M. approximately 435 feet south of the north section line and 570 feet west of the east section line of said Section 15. Source: The pond is filled from Divide Creek through the Mineota Ditch and by direct deliveries from the Colorado River. Date of appropriation: August 28, 1995. Amount: 13.24 a.f., conditional. Uses: Irrigation, aesthetic, piscatorial, recreational, domestic, municipal, commercial, industrial, and for augmentation and exchange purposes. Maximum height of dam: Excavated pond less than 10.0 feet. Length of dam: 225.0 feet. Total capacity of reservoir: 13.24 a.f. Active capacity of reservoir:

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 8

12.24 a.f. Dead storage: 1.0 a.f. Names and capacities of ditches leading to reservoir: Mineota Ditch (23.53 c.f.s.) and the Valley Farms Pump & Pipeline (4.5 c.f.s. of which Applicant owns 4.0 c.f.s.). Name of conditional water right: Stillwater Pond No. 7. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the NW1/4 of Section 15, Township 6 South, Range 92 West of the 6th P.M. approximately 475 feet south of the north section line and 1940 feet east of the west section line of said Section 15. Source: The pond is filled from irrigation return flows tributary to the Colorado River supplied from Dry Hollow Creek and by direct deliveries from the Colorado River. Date of appropriation: August 28, 1995. Amount: 4.63 a.f., conditional. Uses: Irrigation, aesthetic, piscatorial, recreational, domestic, municipal, commercial, industrial, and for augmentation and exchange purposes. Maximum height of dam: Excavated pond less than 10.0 feet. Length of dam: 110.0 feet. Total capacity of reservoir: 4.63 a.f. Active capacity of reservoir: 4.50 a.f. Dead storage: 0.13 a.f. Name and capacity of ditch leading to reservoir: Schaatz Ditch (2.5 c.f.s.) and the Rising Sun Pump & Pipeline (4.5 c.f.s.). Name of conditional water right: Stillwater Pond No. 8. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the SW1/4 of Section 10, Township 6 South, Range 92 West of the 6th P.M., approximately 1855 feet north of the south section line and 175 feet east of the west section line of said Section 10. Source: Colorado River. Date of appropriation: August 28, 1995. Amount: 0.86 a.f., conditional. Uses: Irrigation, aesthetic, piscatorial, recreational, domestic, municipal, commercial, industrial, and for augmentation and exchange purposes. Maximum height of data: Excavated pond less than 10.0 feet. Length of dam: 100.0 feet. Total capacity of reservoir: 0.86 a.f. Active capacity of reservoir: 0.85 a.f. Dead storage: 0.10 a.f. Name and capacity of ditch leading to reservoir: Last Chance Ditch (5.00 c.f.s.). Name of conditional water right: Stillwater Pond No. 9. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the SE1/4 of Section 9, Township 6 South, Range 92 West of the 6th P.M. approximately 1910 feet north of the south section line and 90 feet west of the east section line of said Section 9. Source: Colorado River. Date of appropriation: August 28, 1995. Amount: 7.14 a.f., conditional. Uses: Irrigation, aesthetic, piscatorial, recreational, municipal, domestic, commercial, industrial, and for augmentation and exchange purposes. Maximum height of dam: Excavated pond less than 10.0 feet. Length of dam: 100.0 feet. Total capacity of reservoir: 7.14 a.f. Active capacity of reservoir: 7.00 a.f. Dead storage: 0.14 a.f. Name and capacity of ditch leading to reservoir: Last Chance Ditch (5.00 c.f.s.). Name of conditional water right: Stillwater Pond No. 10. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the SE1/4 of Section 9, Township 6 South, Range 92 West of the 6th P.M. approximately 1675 feet north of the south section line and 495 feet west of the east section line of said Section 9. Source: Colorado River. Date of appropriation: August 28, 1995. Amount: 3.16 a.f., conditional. Uses: Irrigation, aesthetic, piscatorial, recreational, domestic, municipal, commercial, industrial, and for augmentation and exchange purposes. Maximum length of dam: Excavated pond less than 10.0 feet. Length of dam: 200.0 feet. Total capacity of reservoir: 3.16 a.f. Active capacity of reservoir: 3.00 a.f. Dead storage: 0. 16 a.f. Name and capacity of ditch leading to reservoir: Last Chance Ditch (5.00 c.f.s.). Name of conditional water right: Stillwater Pond No. 11. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the NE1/4 of Section 14, Township 6 South, Range 92 West of the 6th P.M. approximately 450 feet south of the north section line and 1290 feet west of the east section line of said Section 14. Source: Divide Creek and/or the Colorado River. Date of appropriation: May 1, 1978. Amount: 1.03 a.f., conditional; 1.03 a.f. previously made absolute for irrigation purposes. Uses: Irrigation, aesthetic, piscatorial, recreational,, domestic, municipal, commercial, industrial, and for augmentation and exchange purposes. Maximum height of dam: Excavated pond less than 10.0 feet. Length of dam: 160.0 feet. Total capacity of reservoir: 2.06 a.f. Active capacity of reservoir: 1.90 a.f. Dead storage: 0.16 a.f. Names and capacities of ditches leading to reservoir: Mineota Ditch (23.53 c.f.s.) and the Valley Farms Pump & Pipeline (4.5 c.f.s. of which Applicant owns 4.0 c.f.s.). Name of conditional water right: Stillwater Pond No. 12. Description of conditional water right: Legal description of reservoir dam: The centerpoint of the dam is located at a point in the NE1/4 of Section 14, Township 6 South, Range 92 West of the 6th P.M. approximately 1305 feet south of the north section line and 1100 feet west of the east section line of said Section 14. Source: Divide Creek and the Colorado River. Date of appropriation: May 1, 1978. Amount: 3.77 a.f., conditional; 0.23 a.f. previously made absolute for irrigation purposes. Uses: Irrigation, aesthetic, piscatorial, recreational, domestic, municipal, commercial, industrial, and for augmentation and exchange purposes. Maximum height of dam: Excavated pond less than 10.0 feet. Length of dam: 70.0 feet existing, to be expanded to 200.0 feet. Total capacity of reservoir: 3.99 a.f. Active capacity of reservoir: 3.99 a.f. Dead storage: 0.0 a.f. Names and capacities of ditches leading to reservoir: Mineota Ditch (23.53 c.f.s.) and the Valley Farms Pump & Pipeline (4.5 c.f.s. of which Applicant owns 4.0 c.f.s.). Original decree for all structures described in paragraphs 2 through 12: Case No. 95CW326, District Court, Water Division No. 5, entered on December 3, 1999. Owners of the land upon which the structure described in paragraph 2 is or will be located: Applicant, as the contract purchaser, and Valley Farms, Inc., as the contract seller, whose address is c/o Loyal E. Leavenworth, Esq., Leavenworth & Karp, P.C., 1011 Grand Ave., P.O. Drawer 2030, Glenwood Springs, Colorado 81602; Bobby R. and Sandra J. McPherson whose address is 2065 County Road 311, New Castle, Colorado, 81647. Owners of the land upon which all structures described in paragraphs 3 through 12 are or will be located: Applicant, as the contract purchaser, and Valley Farms, Inc., as the contract seller, whose address is c/o Loyal E. Leavenworth, Esq., Leavenworth & Karp, P.C., 1011 Grand Ave., P.O. Drawer 2030, Glenwood Springs, Colorado 81602. Owner of land upon which the Valley Farms Pump and Pipeline point of diversion is located:

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 9

Robert M. Regulski, P.O Box 9, Rifle, Colorado 81650. Owner of land upon which the Valley Farms Pump and Pipeline pump station is located: Nicholson Family, LLC, 0029 335 Road, New Castle, CO 81647. Owner of land upon which the Rising Sun Pump and Pipeline point of diversion is located: Fred and Janet Frei, 1412 County Road 311, New Castle, Colorado 81647. Owner of land upon which the Mineota Ditch headgate is located: William D. Yeik, P.O. Box 502, Eagle, Colorado 81631. Owner of land upon which the Schaatz Ditch headgate is located: McFee Investment Company, Ltd., 3141 Hood Street, Dallas, Texas 75219. Owner of land upon which the Last Chance Ditch headgate is located: Asphalt Paving, Company, 14802 W. 44th Avenue, Golden, Colorado 80403. The structures described in paragraphs 2 through 12 are component parts of an integrated water supply plan decreed in Case Nos. 95CW326, 95CW327 and 95CW328, District Court, Water Division No. 5. A detailed outline of work Applicant performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures, is attached as Exhibit A attached hereto. A map of the structures is attached hereto as Exhibit B. If claim to make absolute, date, use and amount of water applied to beneficial use: Not applicable. (19 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW250 (95CW327) GARFIELD COUNTY. COLORADO RIVER. SWD, LLC, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq., and Madoline E.S. Wallace, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of conditional water right: Valley Farms Pump & Pipeline, Stillwater Enlargement. Description of conditional water right: Legal description of point of diversion: The point of diversion is an existing structure located on the southerly (left) bank of the Colorado River at a point whence the NW corner of Section 12, Township 6 South, Range 92 West of the 6th P.M. bears north 35º48'51" west 3,861.25 feet. The pump station is located at a point whence the NW corner of said Section 12 bears north 30º09'04" west 3,581.62 feet, in Garfield County. Source: Colorado River. Date of appropriation: August 28, 1995. Amount: 2.71 c.f.s. (1218.0 g.p.m.), conditional. Uses: Domestic, irrigation, commercial, industrial, municipal, fire protection purposes and the placement of water into storage. Legal description and acreage of land to be irrigated: Stillwater Ranch Proposed Planned Unit Development, including portions of 1400 acres within sections 9, 10, 11, 12, 13, 14, 15 and 16 of Township 6 South, Range 92 West of the 6th P.M., all in Garfield County. Owner of land upon which the Valley Farms Pump and Pipeline, Stillwater Enlargement point of diversion is or will be located: Robert M. Regulski, P.O Box 9, Rifle, Colorado 81650. Name of conditional water right: Rising Sun Pump & Pipeline, Stillwater Enlargement. Description of conditional water right: Legal description of point of diversion: The point of diversion is an existing structure located on the southerly (left) bank of the Colorado River at a point whence the SW corner of Section 11, T6S, R92W of the 6th P.M. bears south 16º31' west 1,589.10 feet, in Garfield County. Source: Colorado River. Date of appropriation: August 28, 1995. Amount: 2.71 c.f.s. (1218.0 g.p.m.), conditional. Uses: Domestic, irrigation, commercial, industrial, municipal, fire protection purposes and the placement of water into storage. Legal description and acreage of land to be irrigated: Stillwater Ranch Proposed Planned Unit Development, including potions of 1400 acres within sections 9, 10, 11, 12, 13, 14, 15 and 16 of Township 6 South, Range 92 West of the 6th P.M., all in Garfield County. Owner of land upon which the Rising Sun Pump and Pipeline, Stillwater Enlargement point of diversion is or will be located: Fred and Janet Frei, 1412 County Road 311, New Castle, Colorado 81647. Name of conditional water right: Mineota Ditch, Stillwater Enlargement. Description of conditional water right: Legal description of point of diversion: The point of diversion is an existing headgate located on the left bank of Divide Creek approximately 1,535 north of the south section line and 600 feet west of the east section line of Section 24, Range 6 South, Range 92 West of the 6th P.M. in Garfield County. Source: Divide Creek, a tributary to the Colorado River. Date of Appropriation: August 28, 1995. Amount: 2.71 c.f.s. (1218.0 g.p.m.), conditional. Uses or proposed uses: Domestic, irrigation, commercial, industrial municipal, fire protection purposes and the placement of water into storage. Legal description and acreage of land to be irrigated: Stillwater Ranch Proposed Planned Unit Development, including portions of 1400 acres within sections 9, 10, 11, 12, 13, 14, 15 and 16 of Township 6 South, Range 92 West of the 6th P.M., all in Garfield County. Owner of land upon which the Mineota Ditch, Stillwater Enlargement headgate is or will be located: William D. Yeik, P.O. Box 502, Eagle, Colorado 81631. Original decree for all structures described in paragraphs 2 through 4: Case No. 95CW327, District Court, Water Division No. 5, entered on December 13, 1999. The structures described in paragraphs 2 through 4 are component parts of an integrated water supply plan decreed in Case Nos. 95CW326, 95CW327 and 95CW328, District Court, Water Division No. 5. A detailed outline of work Applicant performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures, is attached hereto as Exhibit A. A map of the structures is

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 10

attached hereto as Exhibit B. If claim to make absolute, date, use and amount of water applied to beneficial use: Not applicable. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW251 Pitkin County - Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River; Blue River, tributary of Colorado River; Frying Pan River, tributary of Colorado River. Application for Surface and Storage Water Rights and Approval of Plan for Augmentation, Including Appropriative Rights of Exchange. Michael and Ann Katz c/o Scott Balcomb and Anne Marie McPhee, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81601, (970) 945-6546. First Claim. Surface Water Right. Name of structure: Katz Pump & Pipeline. Legal description of point of diversion: The Katz Pump & Pipeline will divert from a point in the SW 1/4 SE1/4 of Sec. 35, T. 10 S., R. 85 W. of the 6th P.M. at a point 60 ft. N. of the S. Sec. Line and 1,400 ft. W. of the E. Sec. Line. Source: Castle Creek. Date of initiation of appropriation: 07/27/2005. How appropriation was initiated: By field observation, completing an engineering design to construct the ponds and pipeline and forming intent to appropriate water rights. Amt. claimed: 0.14 cfs, conditional. Use or proposed use: Fill and refill the Katz Pond System described below, fire protection and irrigation. Number of acres proposed to be irrigated: 0.75 acre located within a two acre tract of land located in the NW 1/4 of the NE1/4 of Sec. 2, T. 11 S., R. 85 W. of the 6th P.M. in Pitkin County, Colorado. Second Claim. Storage Water Right. Name of Reservoir: Katz Pond System. Legal description of location of dam: The centerpoint of the Katz Pond System dam is located in the NW1/4 NE1/4 of Sec. 2, T. 11 S., R. 85 W. of the 6th P.M. at a point 50 ft. S. of the N. Sec. line and 1,820 ft. W. of the E. Sec. line. Name and capacity of ditch used to fill reservoir: Katz Pump & Pipeline, described above. Source: Castle Creek. Date of appropriation: 07/27/2005. How appropriation was initiated: By field observation, completing an engineering design to construct the ponds and pipeline, and formation of intent to appropriate water rights. Amt. claimed: 0.47 a.f., conditional. Rate of diversion for filling the reservoir: 0.14 cfs. Proposed use: Fire protection and irrigation. Total number of acres proposed to be irrigated: 0.75 acre located within a two acre tract of land located in the NW 1/4 of the NE1/4 of Sec. 2, T. 11 S., R. 85 W. of the 6th P.M. in Pitkin County, CO. Surface area of high water line: 0.125 acre (0.131 acre with inlet channel). Total capacity of reservoir in a.f.: 0.47 a.f. Third Claim. Plan for Augmentation, Including Appropriative Right of Exchange. Names of structures to be augmented: Katz Pump & Pipeline, Katz Pond System. Previous decrees for water rights to be used for augmentation: Information from previous decree for Green Mountain Reservoir: Source: Blue River, tributary of Colorado River. Legal description: located approximately 16 miles SE of the Town of Kremmling in Summit County, CO, and more particularly in all or parts of Secs. 11, 12, 13, 14, 15, and 24 of T. 2 S., R. 80 W., and in Secs. 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W. of the 6th P.M. Adjudication Date: 10/12/1955. Appropriation Date: 08/01/1935. Case No.: 2782, 5016, and 5017, United States District Court, District of Colorado. Decreed Amt.: 154,645 a.f. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Information from previous decree for Ruedi Reservoir: Source: Frying Pan River, tributary of Colorado River. Legal description: an on-channel reservoir located in Secs. 7, 8, 9, 11, and 14 through18, T. 8 S., R. 84 W. of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: 06/20/1958. Appropriation Date: 07/29/1957. Case No.: C.A. 4613, Garfield County District Court. Decreed Amt.: 102,369 a.f. (Originally decreed for 140,697.3 a.f.; reduced to 102,369 a.f. in Case No. W-789-76). Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 a.f., conditional. In Water Court Case No. 95CW95, 44,509 a.f. was made absolute. Information from previous decrees for Troy Ditch and Edith Ditch rights:

ST

PRIORITY

COURT

ADJ DATE

APP DATE

DECREED

USE

AMOUNT SOLD, TRANSFERRED OR RESERVED

AMOUNT REMAINING (10)

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 11

RUCTURE

CASE NO.

AMOUNT (CFS)

(4) (5) (6) (7) (8) (9) CFS AF

Troy Ditch (

1

)

370 3082 08/25/1936

05/01/1906

5.10 I 0.000 0.000 0.095

0.064

0.035 4.906 N/A

Troy Ditch 1st Enlg

427 3082 08/25/1936

05/01/1928

10.80 I 0.000 0.000 0.200

0.134

0.073 10.393

N/A

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 12

Troy Ditch 2nd Enlg

669 4613 06/20/1958

06/01/1942

6.20 I 0.000 0.000 0.115

0.077

0.042 5.966 N/A

Edith Ditch

353 3082 08/25/1936

05/01/1904

2.72 I 0.110 0.1320

0.050

0.000

0.018 2.410 N/A

Edith Ditch 1st Enlg

673 4613 06/20/1958

07/01/1946

3.23 I 0.000 0.000 0.060

0.000

0.022 3.148 N/A

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 13

Troy Ditch Water System a.k.a. Lower Headgate

(2) W-2281

15.50(3) I,D,M C,P

0.110 0.1320

0.520

0.275

0.190 14.273

412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River; (2) Alternate point for all priorities of Troy and Edith Ditches; (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored; (4) I= Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial; (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF; (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included); (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan; (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included); (9)Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220; (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 a.f. of annual consumptive-use credits were available to these ditches, and that 300 a.f. could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 a.f. of the 453 a.f., and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan,

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 14

Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. Information from previous decrees for Robinson Ditch rights:

STRUCTURE DECREED AMOUNT/ cfs

AMOUNT OWNED BY BWCD (cfs)(1)

ADJ. DATE APP. DATE PRIORITY CASE NO. (2)

ROBINSON DITCH

5.00 1.21 05/11/1889 06/15/1882 38 132

ROBINSON DITCH

2.50 0.60 05/11/1889 04/15/1886 140 132

ROBINSON DITCH

2.00 0.48 05/11/1889 11/15/1886 167 132

ROBINSON DITCH

10.70 2.59 12/29/1903 04/25/1899 212C 1061

ROBINSON DITCH

20.06 4.85 08/25/1936 04/25/1900 326 3082

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch; (2) District Court in and for Garfield County. Legal Description of Point of Diversion: The point of diversion as decreed is located on the N. bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Sec. 11, T. 8 S., R. 87 W., 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 a.f. of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Statement of plan for augmentation: Applicants anticipate diversions from the Katz Pump & Pipeline and storage in the Katz Pond System may be out-of-priority at certain times of the year from senior calling rights on the Colorado River, Roaring Fork River and/or Castle Creek. Applicants are in the process of obtaining a water service contract from the Basalt Water Conservancy District ("BWCD") for 1.5 a.f. of storage rights in Ruedi Reservoir or Green Mountain Reservoir. Over the 0.131 surface acre associated with the Katz Pond System, the total annual pond evaporation is estimated to be 0.423 a.f. The Blaney-Criddle Method indicates that the net irrigation requirement on Applicants' land is 1.33 a.f. per acre. Consequently, the total annual evapotranspiration demand for the Applicants' 0.75 acre of irrigated land is 1.00 a.f. Assuming an irrigation application efficiency of 80%, the total annual irrigation diversion requirement will be 1.25 a.f. During periods that a call has been made on the Colorado River or Roaring Fork River downstream of the confluence of the Roaring Fork River and the Fryingpan River, BWCD contract water will be released in an amount sufficient to offset the evaporative and irrigation depletions of the Katz Pond System. During periods that a valid call has been placed on the Roaring Fork River or Castle Creek upstream of the confluence of the Roaring Fork River and Fryingpan River that cannot be satisfied with BWCD storage releases, Applicants will cease diversions from the Katz Pump & Pipeline. During this period, no new water will be diverted into the Katz Pond System and all irrigation will cease. The water level in the Katz Pond System will drop due to evaporation. If the augmentation plan is operated as described above, there will be no injury to other vested water rights. Exchange Appropriation. Applicant requests confirmation of two appropriative rights of exchange as follows: The downstream terminus of the first exchange, which will operate if exchange water is released from Green Mountain Reservoir, is at the confluence of the Colorado River and the Roaring Fork River with the upstream terminus at the Katz Pump & Pipeline, described above. The downstream terminus of the second exchange, which will operate if exchange water is released from Ruedi Reservoir, is at the confluence of the Roaring Fork River and the Fryingpan River with the upstream terminus at the Katz Pump & Pipeline, described above. Maximum Rate of Exchange: 0.006 c.f.s. (based on consumptive use), conditional; maximum volume of 1.5 a.f. annually. Date of Appropriation: 07/27/2005. How appropriation was initiated: By field observation, completing an engineering design to construct the ponds and pipeline, and formation of intent to appropriate and operate water rights utilizing an exchange. Name and address of owner of land on which points of diversion and place of use are located: The Katz Pump & Pipeline diverts on property owned by Conundrum Trust, 639 Adelaide Drive, Santa Monica, CA 90402. The Katz Pond

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 15

System is located on, and the place of use for Katz Pump & Pipeline and Katz Pond System is, property owned by Applicants. (10 pages + exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW252 (95CW328). GARFIELD COUNTY. COLORADO RIVER ALLUVIUM. SWD, LLC, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Madoline E.S. Wallace, Esq. 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of conditional water right: Stillwater Ranch Wellfield No. 1. Description of conditional water right: Legal description of wellfield: A wellfield located in the NW¼SW¼, Section 10, Township 6 South, Range 92 West, 6th P.M., being more particularly described as follows: Beginning at a point from whence the Southwest corner of Section 10 bears South 00°07Ν41Ο East a distance of 1,854.0 feet; thence North 00°07Ν41Ο West for a distance of 192.35 feet; thence South 81°09Ν50Ο East for a distance of 563.90 feet; thence South 62°29Ν52Ο East for a distance of 555.79 feet; thence South 06°30Ν00Ο East for a distance of 229.19 feet; thence North 62°29Ν52Ο West for a distance of 652.73 feet; thence North 81Ε09Ν50Ο West for a distance of 502.70 feet to the point of beginning. Parcel contains 4.96 acres, more or less. Source of well field: Colorado River Alluvium. Date of appropriation for all wells within wellfield: August 28, 1995. The cumulative amount of water to be withdrawn from Stillwater Ranch Wellfield No. 1 and Stillwater Ranch Wellfield No. 2, described in paragraph 3 herein, shall be 1218.0 g.p.m. or 2.71 c.f.s. (1432.0 a.f. diverted per year), conditional. Uses: Domestic, municipal, commercial, industrial, irrigation, fire protection and placement of water into storage within the ponds decreed in Case No. 95CW326, District Court, Water Division No. 5. Legal description and acreage of land to be irrigated: Stillwater Ranch Proposed Planned Unit Development, including portions of 1,400 acres within Sections 9, 10, 11, 12, 13, 14, 15 and 16 of Township 6 South, Range 92 West of the 6th P.M. all in Garfield County and the property controlled by Applicant outside of the Stillwater Ranch P.U.D. and as generally described in Exhibit A attached hereto. Name of conditional water right: Stillwater Ranch Wellfield No. 2. Description of conditional water right: Legal description of wellfield: A wellfield located in the SE¼ SE¼ of Section 10, and the SW¼SW¼ of Section 11, Township 6 South, Range 92 West, 6th P.M., being more particularly described as follows: Beginning at a point where the South East corner of the well field is approximately 600 feet north of the south section line and 225 feet east of the west section line of Section 11. The well field continues 362.3 feet to the northern property boundary and along it 635.98 to the west into Section 10; thence south a distance of 350.16 feet; thence North 89°54'48" East for a distance of 636.24 feet to the point of beginning. The wellfield contains 5.2 acres, more or less. Source: Colorado River Alluvium. Date of appropriation: August 28, 1995. The cumulative amount of water to be withdrawn from Stillwater Ranch Wellfield No. 1, described in paragraph 2 herein, and Stillwater Ranch Wellfield No. 2 shall be 1218.0 g.p.m. or 2.71 c.f.s. (1432.0 a.f. diverted per year), conditional. Uses: Domestic, municipal, commercial, industrial, irrigation, fire protection and placement of water into storage within the ponds within the ponds decreed in Case No. 95CW326, District Court, Water Division No. 5. Legal description and acreage of land to be irrigated: Stillwater Ranch Proposed Planned Unit Development, including portions of 1,400 acres within Sections 9, 10, 11, 12, 13, 14, 15 and 16 of Township 6 South, Range 92 West of the 6th P.M. all in Garfield County and the property controlled by Applicant outside of the Stillwater Ranch P.U.D. and as generally described in Exhibit A attached hereto. Original decree for the wellfields: Case No. 95CW328, District Court, Water Division No. 5, entered on December 3, 1999. Owner of land on which the structures are or will be located: Applicant, as the contract purchaser, and Valley Farms, Inc., as the contract seller, whose address is c/o Loyal E. Leavenworth, Esq., Leavenworth & Karp, P.C., 1011 Grand Ave., P.O. Drawer 2030, Glenwood Springs, Colorado 81602. The wellfields described in paragraphs 2 and 3 are component parts of an integrated water supply plan decreed in Case Nos. 95CW326, 95CW327 and 95CW328, District Court, Water Division No. 5. A detailed outline of work Applicant performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures, is attached hereto as Exhibit B. A map of the well fields is attached hereto as Exhibit C. If claim to make absolute, date, use and amount of water applied to beneficial use: Not applicable. (16 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 16

16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW253 Garfield, Pitkin and Eagle Counties; Four Mile Creek tributary to the Roaring Fork River. West Divide Water Conservancy District c/o Olszewski & Massih, P.C., P.O. Box 916, Glenwood Springs, CO 81602. Please direct all correspondence, motions and pleadings to the attorneys for the Applicant. Applicant seeks alternate points of diversion for the Four Mile Canal and Siphon and to amend the plan for augmentation decreed in Case No. 94CW344, Water Division No. 5, to add additional structures as expressly contemplated in the original decree and to add an additional source of augmentation. CLAIM FOR CHANGE OF WATER RIGHTS. Decreed name of structure for which change is sought: Four Mile Intake of the Four Mile Canal and Siphon. From previous decree: Date entered: June 20, 1958. Case No.: C.A. 4613. Court: Garfield County District Court. The point of diversion for the Four Mile Canal and Siphon is located within the SE ¼ of the SE ¼ of Section 22, T. 7 S., R. 89 W., of the 6th P.M. at a point 60 feet from the south section line and 150 feet from the east section line. Source: Four Mile Creek. Appropriation Date: April 22, 1957. Amount: 200 cfs, conditional. Use: Generation of electric energy, domestic and municipal, industrial, irrigation and stockwatering. Proposed change: Applicant seeks alternate points of diversion and places of use for the Four Mile Canal and Siphon to the points of diversions and places of use referenced in Tables 1 and 2 attached hereto and incorporated by this reference. The amount to be changed by this application is 1.5 cfs. Remarks: All alternate points of diversion and places of use are located in Applicant’s Four Mile Creek Service Area and are capable of being augmented by the augmentation plan decreed in Case No. 94CW344, Water Division No. 5. The subject water right was decreed for use in the Divide Creek drainage and is therefore fully consumptive as related to the Fourmile Creek drainage. Water users below the point at which the Four Mile Canal and Siphon diverts from Fourmile Creek had no expectation of return flows from the use of said water right. Applicant will provide detailed accounting of diversions and depletions to the State and Division Engineers as required by the State and Division Engineers to administer the within augmentation plan. Measuring devices will be required for all surface and groundwater diversions. Diversions at the alternate points of diversion will be limited to the amount of water legally and physically available at the original point of diversion. Names and addresses of owners or reputed owners of land upon which the Four Mile Canal and Siphon is located: Arbaney, Elmer Revocable Trust & Louis R. Revocable Trust, 2585 Midland Ave., Glenwood Springs, CO 81601. Thrun, Dawn & Lawrence, 7843 CR 117, Glenwood Springs, CO 81601. Chestnut, Eric & Lesa, 7977 CR 117, Glenwood Springs, CO 81601. CLAIM FOR AMENDMENT TO PLAN FOR AUGMENTATION. Structures to be augmented described by owner, contract number amount, structure and legal description: Dane Ensign, 226 Sun King Drive Glenwood Springs, CO 81601; Contract # FM030724DE(a); 0.97 acre feet; EQR's to be Augmented 1.76; Ensign Well; 15 gpm; Section 22 Township 7S Range 89W; NW1/4NE1/4 S22, T7S, R89W, 6th P.M. 150 ft from N; 2600 ft from E. Mayer/Troyer; 4341 County Road 117; Glenwood Springs, CO 81601; Contract # FM030724MT(a); 0.35 acre feet; EQR's to be Augmented 0.63; Mayer-Troyer Well; 15 gpm; Section 3 Township 7S Range 89W; SW1/4SW1/4 S3, T7S, R89W, 6th P.M. 620 ft from South; 800 ft from West. Eric and Lesa Chesnut; 8243 County Road 117; Glenwood Springs, CO 81601; Contract # FM030925ELC(a); 1.04 acre feet; EQR's to be Augmented 1.88; Chesnut Pond/Well; 15 gpm; Section 22 Township 7S Range 89W; SE1/4SE1/4 S22, T7S, R89W, 6th P.M. 10 ft from S; 100 ft from E. Kevin H. and Kathryn M. Kneipper; 3679 County Road 117; Glenwood Springs, CO 81601; Contract # FM030925WJB(b); 0.59 acre feet; EQR's to be Augmented 1.07; Blakeslee Well; 15 gpm; Section 3 Township 7S Range 89W; SE1/4NW1/4 S3, T7S, R89W, 6th P.M. 3600 ft from South; 3500 ft from East. Mahan Properties; P. O. Box 3574; South Padre Island, TX 78597; Contract # FM040115MP(a); 0.44 acre feet; EQR's to be Augmented 0.80; Davies Well; 15 gpm; Section 9 Township 7S Range 89W; SWNE, S9, T7S, R89W, 6th P.M. 3115 ft from S; 2873 ft from W. William M. and Charlotte B. Zilm; 0013 Laird Lane; Glenwood Springs, CO 81601; Contract # FM040826WCZ(a); 3.42 acre feet; EQR's to be Augmented 6.20; Rainbow Pond #1; 25 gpm; Section 3 Township 7S Range 89W; Center line of dam axis is located at a point whence the North Quarter Corner of S3, T7S, R89W of the 6th P.M. bears N 04°02'00" West 1,669.30 ft.0. William M. and Charlotte B. Zilm; 0013 Laird Lane; Glenwood Springs, CO 81601; Contract # FM040826WCZ(a); 3.42 acre feet; EQR's to be Augmented 6.20; Rainbow Pond #2; 25 gpm; Section 3 Township 7S Range 89W; The midpoint of the dam is located in the NWSE, S3, T7S, R89W, 6th P.M., 2480 ft from the E; 1650 ft from the S. C.E. Axthelm Co. and E. R. Axthelm Co.; 4395 County Road 233; Rifle, CO 81650; Contract FM050101AC(a); 0.09 acre feet; EQR's to be Augmented 0.16; E.R. Axthelm Well; 15 gpm; Section 10 Township 7S Range 89W; The SWNWNW of S10, T7S, R89W, 6th P.M. 500 ft E of the W Section line; 1100 ft S of the N Section line. Carol Kiese; 16588 Farmers Mine Road; Paonia, CO 81428; Contract # FM050101CK(a); 2.01 acre feet; EQR's to be Augmented 3.64; Kiese Well; 15 gpm; Section 26 Township 7S Range 89W; NWNW S26, T7S, R89W, 6th P.M. 370 ft S of N line; 1172 ft E of W Line. Thomas E. Turners; 0064 Chelyn Road, No. 149; Glenwood Springs, CO 81601; Contract # FM050223TT(a); 0.50 acre feet; EQR's to be Augmented 0.90; Turner Pump 1st Enlargement; 15 gpm; Section 3 Township 7S Range 89W; S3, T7S, R89W, 6th P.M. 1050 ft N; 1800 ft W. John Tessadri Trust; 0063 Sun King Drive; Glenwood Springs, CO 81601; Contract # FM050616JTT(a); 0.20 acre feet; EQR's to be Augmented 0.36; Tessadri Spring; 15 gpm; Section 15 Township 7S Range 89W; SW1/4SE1/4 S15, T7S, R89W, 6th P.M. 497 ft N of S line; 1817 ft W of the E line of said S15. Sunlight, Inc.; 10901 C. R.

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 17

117; Glenwood Springs, CO 81601; Contract # FM050616SI(a); 4.00 acre feet; EQR's to be Augmented 7.25; Sunlight Feeder Ditch; 1.5 cfs; Section 33 Township 7S Range 89W; SW1/4NW1/4 S33, T7S, R89W of the 6th P.M. at a point whence the SW corner of S33 bears S 15 degrees, W 2,900 ft to the point of diversion. Sunlight, Inc.; 10901 C. R. 117; Glenwood Springs, CO 81601; Contract # FM050616SI(a); 4.00 acre feet; EQR's to be Augmented 7.25; Sunlight Feeder Ditch Fourmile; 200 gpm; Section 32 Township 7S Range 89W; SW1/4NE1/4 S32, T7S, R89W of the 6th P.M. being more particularly described as follows: 2250 ft from E section line; 2100 ft from N section line, of Sec. 32. Garfield County Road and Bridge; Contract # FM050721GCRB(a); 1.00 acre feet; EQR's to be Augmented 1.81; GarCo Pump; 15 gpm; Section 3 Township 7S Range 89W; "Sunlight Parking Lot Intersection of Rd. 117 and Black Diamond Rd. Where creek crosses Cheryln Acres". Springridge at Glenwood Spgs Development Corp.; P. O. Drawer 2030; Glenwood Springs, CO 81602; Contract # FM050721SGSDC(a); 4.00 acre feet; EQR's to be Augmented 7.25; Springridge Pump; 50 gpm; Section 10 Township 7S Range 89W; SW1/4NW1/4 S10, T7S, R89W, 6th P.M. 10 ft from W; 1400 ft from N. Water rights to be used for augmentation: Ruedi Reservoir, Green Mountain Reservoir, Atkinson Ditch, Zilm Transfer Ditch and Four Mile Canal and Siphon. Ruedi Reservoir. Source: Frying Pan River, tributary to Colorado River. Legal Description: On-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West, 6th P.M. Adjudication date: July 20, 1958. Appropriation date: July 29, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Decreed Amount: 102,369 acre feet. Uses: Generation of electric energy, domestic, municipal, piscatorial, industrial, irrigation and stock watering. Remarks: Applicant has an interest in 600 acre feet of water from Ruedi Reservoir pursuant to contract between Applicant and the Bureau of Reclamation. Green Mountain Reservoir. Source: Blue River, tributary to Colorado River. Legal Description: Located approximately 16 miles Southeast of the Town of Kremmling, Colorado in all or parts of Sections 11 through 15 and 24 of Township 2 South, Range 80 West, and in Sections 17 through 21, 28, 29 and 34, Township 2 South, Range 79 West, 6th P.M. Adjudication date: October 12, 1955. Appropriation date: August 1, 1935. Case Nos.: 2782, 5016 and 5017. Court: U.S. District Court, District of Colorado. Decreed Amount: 154,645 acre feet. Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. Remarks: Applicant has an interest in 200 acre feet of water from Green Mountain Reservoir pursuant to Contract Number 8-07-60-W0726, dated October 21, 1998, between Applicant and the Bureau of Reclamation. Atkinson Ditch. Source: Fourmile Creek, tributary to the Roaring Fork River. Legal Description: Headgate is located on the East Bank of Fourmile Creek about three miles from the mouth of said creek. Adjudication date: May 11, 1889. Appropriation date: May 24, 1882. Case No.: C.A. 132. Court: District Court. Decreed Amount: 4.0 cfs. (Applicant owns 1.0 cfs of the Atkinson Ditch water right). Uses: Irrigation and augmentation. Zilm Transfer Ditch. Source: Zilm Gulch and return flows from diversions from Fourmile Creek, tributary to the Roaring Fork River. Legal Description: Diverts from the left bank of Zilm Draw at a point whence the SE corner of Section 3, T. 7 S., R. 89 W., 6th P.M. bears S. 41 degrees East a distance of 4100 feet. Adjudication date: December 31, 1994. Appropriation date: June 1, 1969. Case No.: 94CW344. Court: Water Division No. 5. Decreed Amount: 2.0 cfs. Uses: Augmentation. Four Mile Canal and Siphon, as described above. Amendment to Plan for Augmentation. Applicant seeks to amend the plan for augmentation decreed in Case No. 94CW344, Water Division No. 5, to add additional structures as expressly contemplated in the original decree. The augmentation plan decreed in Case No. 94CW344 provides a water supply for up to 500 equivalent residential units (EQR) within the Fourmile Creek Basin. For purposes of the augmentation plan, one EQR is based on the assumption that 3.5 people live in each residence and use 100 gallons per day per capita for in-house use, and that 3500 square feet of lawn and garden will be irrigated at each residence. Case No. 94CW344 recognized that an EQR may result in up to 0.552 acre feet of annual depletions within the Fourmile Creek watershed. This Amendment to Augmentation Plan adds structures to be augmented and allocates an additional 33.71 EQR to the augmentation plan. Tables 1 and 2 attached hereto provide a summary of water use for each structure and the structures to be augmented. This Amendment shall be subject to the same terms and conditions and operated in the same manner as the original augmentation plan decreed in Case No. 94CW344, Water Division No. 5, except that the Four Mile Canal and Siphon shall be added as additional source for augmentation. Applicant hereby adds the Four Mile Canal and Siphon, as described in paragraph 4 above as an additional source of augmentation in Case No. 94CW344, Water Division No. 5. Names and addresses of owners or reputed owners of land upon which augmentation structures are located: Ruedi Reservoir and Green Mountain Reservoir: United States Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Road 18E, Loveland, CO 80537-9711. Atkinson Ditch: C.E. Axthelm Company, 827 Bennett Ave., Glenwood Springs, CO 81601. Zilm Transfer Ditch: William M. Zilm, 0090 Sunlight Drive, Glenwood Springs, CO 81601. Remarks: The structures to be added to the augmentation plan have been historically augmented via Applicant’s temporary substitute supply plan approved by the State Engineer’s Office. Approval of the subject Application to Amend will not result in injury to any vested or decreed conditional water rights. (7 pages; 2 tables). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

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17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW254 Garfield County; Unnamed tributary, tributary to the Colorado River. Scott and Judy Nocks c/o Olszewski & Massih, P.C., P.O. Box 916, Glenwood Springs, CO 81602. Please direct all correspondence, motions and pleadings to the attorneys for the Applicant. Application for water rights. FIRST CLAIM. Name of structure: Leonard Spring No. 1, First Enlargement. Legal description: The spring is located in Lot 4, of Section 1, Township 8 South, Range 96 West of the 6th P.M., at a point whence the Northwest Corner of said Section 1 bears N. 11�01' W. 329.4 feet. Source: A spring tributary to an unnamed tributary, tributary to the Colorado River. Appropriation date: April 30, 2000. How appropriation was initiated: By formation of intent to appropriate water. Date water applied to beneficial use: N/A. Amount claimed: 25 gpm, conditional, for irrigation and fire protection purposes. Use: If irrigation, number of acres historically irrigated: N/A; proposed to be irrigated: 7.5 acres from all springs claimed herein. Legal description of acreage: Lands located in the NW1/4 of Section 1 and NE 1/4 of Section 2, Township 8 South, Range 96 West of the 6th P.M. If non-irrigation, describe purpose fully: fire protection purposes. SECOND CLAIM. Name of structure: Leonard Spring No. 2. Legal description: The spring is located in the Northwest 1/4 of the Northwest 1/4 of Section 1, Township 8 South, Range 96 West of the 6th P.M., at a point 10 feet east of the west section line and 310.5 feet south of the north section line of said Section 1. Source: A spring tributary to an unnamed tributary, tributary to the Colorado River. Appropriation date: April 30, 2000. How appropriation was initiated: By purchase of the property and formation of intent to appropriate water. Date water applied to beneficial use: April 2001, for stockwatering uses. Amount claimed: 25 gpm, absolute, for livestock watering, and conditional for domestic, irrigation and fire protection purposes. Use: If irrigation, number of acres historically irrigated: N/A; proposed to be irrigated: 7.5 acres from all springs claimed herein. Legal description of acreage: Lands located in the NW1/4 of Section 1 and NE 1/4 of Section 2, Township 8 South, Range 96 West of the 6th P.M. If non-irrigation, describe purpose fully: Domestic, livestock watering and fire protection purposes. THIRD CLAIM. Name of structure: Leonard Spring No. 3. Legal description: The spring is located in the Northeast 1/4 of the Northeast 1/4 of Section 2, Township 8 South, Range 96 West of the 6th P.M., at a point 5124.7 feet east of the west section line and 310.5 feet south of the north section line of said Section 2. Source: A spring tributary to an unnamed tributary, tributary to the Colorado River. Appropriation date: April 30, 2000. How appropriation was initiated: By purchase of the property and formation of intent to appropriate water. Date water applied to beneficial use: April 2001, for stockwatering uses. Amount claimed: 10 gpm, absolute, for livestock watering, and conditional for domestic, irrigation and fire protection purposes. Use: If irrigation, number of acres historically irrigated: N/A; proposed to be irrigated: 7.5 acres from all springs claimed herein. Legal description of acreage: Lands located in the NW1/4 of Section 1 and NE 1/4 of Section 2, Township 8 South, Range 96 West of the 6th P.M. If non-irrigation, describe purpose fully: Domestic, livestock watering and fire protection purposes. FOURTH CLAIM. Name of structure: Leonard Spring No. 4. Legal description: The spring is located in the Northeast 1/4 of the Northeast 1/4 of Section 2, Township 8 South, Range 96 West of the 6th P.M., at a point 4969.4 feet east of the west section line and 155 feet south of the north section line of said Section 2. Source: A spring tributary to an unnamed tributary, tributary to the Colorado River. Appropriation date: April 30, 2000. How appropriation was initiated: By purchase of the property and formation of intent to appropriate water. Date water applied to beneficial use: April 2001, for stockwatering uses. Amount claimed: 25 gpm, absolute, for livestock watering, and conditional for domestic, irrigation and fire protection purposes. Use: If irrigation, number of acres historically irrigated: N/A; proposed to be irrigated: 7.5 acres from all springs claimed herein. Legal description of acreage: Lands located in the NW1/4 of Section 1 and NE 1/4 of Section 2, Township 8 South, Range 96 West of the 6th P.M. If non-irrigation, describe purpose fully: Domestic, livestock watering and fire protection purposes. FIFTH CLAIM. Name of structure: Rader Spring, First Enlargement. Legal description: The spring is located in the NE 1/4 of the NE 1/4 of Section 2, Township 8 South, Range 96 West of the 6th P.M., at a point 4902.3 feet east of the west section line and 165.7 feet south of the north section line of said Section 2. Source: A spring tributary to an unnamed tributary, tributary to the Colorado River. Appropriation date: May 24, 1943, for stockwatering and April 30, 2000 for all other uses. How appropriation was initiated: By watering livestock and by the purchase of the property and formation of intent to appropriate water. Date water applied to beneficial use: May 24, 1943 for stockwatering uses. Amount claimed: 30 gpm, absolute, for livestock watering, and conditional for domestic, irrigation and fire protection purposes. Use: If irrigation, number of acres historically irrigated: N/A; proposed to be irrigated: 7.5 acres from all springs claimed herein. Legal description of acreage: Lands located in the NW1/4 of Section 1 and NE 1/4 of Section 2, Township 8 South, Range 96 West of the 6th P.M. If non-irrigation, describe purpose fully: Domestic, irrigation, livestock watering and fire protection purposes. Name and address of owner of land upon which structures are located: Applicants. (7 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s

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attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW 255 COLORADO RIVER, MESA AND RIO BLANCO COUNTIES. Shell Frontier Oil & Gas Inc., Attn: Keith M. Etzel, Staff Land Rep, P. O. Box 576, Houston, TX 77001-0576, (281) 544-3177, c/o its attorneys: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Application for Surface Water Rights. Structure: Shell Colorado River Pumping Plant; Legal: Located on the N bank of the Colorado River in Lot One (also known as the NE1/4 NW1/4), Sec. 8, T. 10 S., R. 103 W., 6th P.M., Mesa County, CO, being more particularly described as being 165 ft from the N line of Sec. 8 & 1390 ft from the W line of Sec. 8; Source: Colorado River; Appropriation: November 29, 2005; Amount: 225 c.f.s., conditional; Use: industrial and mining purposes, including but not limited to drilling activities, product recovery, processing and upgrading, power generation, refining, remediation, reclamation, dust control and other activities in connection with the mining, recovery, and production of oil and other products from oil shale, and for domestic and commercial purposes. Water may be used directly for such purposes, and/or it may be used for such purposes by augmentation, replacement and exchange. Water may also be stored in reservoirs on property owned or otherwise controlled by Applicant for use and subsequent release for any of such purposes. Applicant intends to use the water on lands located in Mesa and Rio Blanco Counties; Names and addresses of owners: Point of diversion will be located on land owned by John Lamicq, 635 19-1/2 Rd, Grand Junction, CO 81503-9501; Any water stored under this water right will be stored on land owned or controlled by Applicant in Mesa and/or Rio Blanco Counties. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW256 MESA COUNTY-KIMBALL CREEK. Danny & Suzanne Click; P.O. Box 274; Collbran, CO 81624 (970)487-3257. Click Spring No. 1 & No. 2 and Click Pond No. 1 & No. 2- Application for Water Rights (Surface & Storage). Location: Click Spring No. 1-SW¼SW¼ of Sec. 36, T.8S, R.95W. of the 6th P.M. 160 ft. from the south sec. line and 445 ft. from the west sec. line. Appropriation: May 1, 2005. Amount: 0.111 cfs, conditional. Use: stock, wildlife, fire protection, piscatorial and irrigation. Click Spring No. 2-SE¼SW¼ of Sec. 36, T.8S, R.95W. of the 6th P.M. 25 ft. from the south sec. line and 1,820 ft. from the west sec. line. Appropriation: May 1, 2005. Amount: 0.111 cfs, conditional. Use: stock, wildlife, fire protection, piscatorial and irrigation. Click Pond No. 1-SW¼SW¼ of Sec. 36, T.8S, R.95W. of the 6th P.M. 200 ft. from the south sec. line and 450 ft. from the west sec. line. Appropriation: May 1, 2005. Amount: 1.14 af, conditional. Use: stock, wildlife, fire protection, and piscatorial. Click Pond No. 2-NE¼NW¼ of Sec. 1, T.8½S, R.95W. of the 6th P.M. 5,200 ft. from the south sec. line and 3,000 ft. from the west sec. line. Appropriation: May 1, 2005. Amount: 1.14 af, conditional. Use: stock, wildlife, fire protection, and piscatorial. (10 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW257 EAGLE COUNTY, Application for Change of Water Rights, Eagle River Water and Sanitation District, c/o Glenn E. Porzak, Lawrence J. MacDonnell, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 1. Name, address and telephone number of applicant: Eagle River Water and Sanitation District (the “District”), c/o Dennis Gelvin, General Manager, 846 Forest Road, Vail, CO 81657, (970) 595-0138. 2. Name of Structures Involved in Change: A. Black Lake (a/k/a Black Lake No. 1). B. Black Lake No. 2. C. Black Lake No. 2, First Enlargement. 3. Description of Absolute and Conditional Water Rights: A. Date of original decree: 1. Black Lake No. 1; Black Lake No.2; Black Lake No. 2, First Enlargement:

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January 7, 1980, Water Court Case No. 4003. During the intervening years, at timely intervals as required by statute, the District has proven, and the Water Court has found, the exercise of reasonable diligence with respect to the conditional water rights. B. Locations: 1. Black Lake: The West end of the dam forming Black Lake is located at a point approximately 17,420 feet S. 59° 35' E. of the Northeast corner of Sec. 1, Township 6 South, Range 80 West of the 6th P.M. 2. Black Lake No. 2 and Black Lake No. 2, First Enlargement: The West end of the dam forming Black Lake No. 2 and Black Lake No. 2, First Enlargement is located at a point approximately 15,160 feet S. 66° 35' E. of the Northeast corner of Section 1, T. 6 S., R. 80 W. of the 6th P.M. In Water Court Case No. 82CW328, Black Lake, Black Lake No. 2, and Black Lake No. 2, First Enlargement were decreed as alternate points of storage for the historic consumptive use associated with numerous historic irrigation water rights as set forth in the decree in Case No. 82CW328. C. Source: 1. Black Lake; Black Lake No. 2; and Black Lake No. 2, First Enlargement: Black Gore Creek, tributary to Gore Creek and the Eagle River. D. Appropriation Date: 1. Black Lake; Black Lake No. 2; and Black Lake No. 2, First Enlargement: December 20, 1978. E. Amount: 1. Black Lake: 227 acre-feet absolute; 100 acre-feet conditional. By decree of the Water Court in Case Nos. 86CW144 and 96CW265, the point of impoundment of 227 acre-feet of the Black Lake No. 2, First Enlargement water right was changed to Black Lake and made absolute for all decreed purposes. 2. Black Lake No. 2: 73 acre-feet absolute; 40.6 acre-feet conditional. By decree of the Water Court in Case No. 96CW265, 73 acre-feet of this water right was made absolute for recreational and piscatorial purposes only. In addition, the Water Court in Case No. 96CW265 found that diligence had been maintained on said 73 acre-feet for all remaining purposes, and that diligence had been maintained on the remaining 40.6 acre-feet for all decreed purposes. In Case No. 03CW249, the Water Court found that the 73 acre-feet had been made absolute for all remaining decreed uses and that reasonable diligence had been maintained on the 40.6 acre-feet conditional. 3. Black Lake No. 2, First Enlargement: 51 acre-feet conditional. Black Lake No. 2, First Enlargement was originally decreed by the Water Court in Case No. W-4003 for 278 acre-feet. By decree of the Water Court in Case Nos. 86CW144, the point of impoundment of 227 acre-feet of said water right was changed to Black Lake. By decree of the Water Court in Case No. 96CW265, said 227 acre-feet was made absolute for all decreed purposes at Black Lake, and the remaining 51 acre-feet was found to have been diligently maintained. In Case No. 03CW249 the Water Court found the 51 acre-feet conditional right had been maintained. F. Uses: 1. Black Lake, Black Lake No. 2 and Black Lake No. 2, First Enlargement: for domestic, municipal, irrigation, commercial, piscatorial, industrial and recreational purposes. By decree of the Water Court in Case No. 82CW328, the Black Lake, Black Lake No. 2 and Black Lake No. 2, First Enlargement water rights were changed to include augmentation of out-of-priority municipal diversions. 4. Description of the Proposed Changes of Water Rights: The District seeks the following changes with respect to the Black Lakes Nos. 1 and 2: A. The District intends to make improvements to the dam for Black Lake No. 1 that will raise the reservoir surface elevation by approximately 4 feet, increase the storage capacity by 107 acre-feet, and enable the use of approximately 18 acre-feet of existing storage from the minimum pool. This will increase the total additional usable storage capacity of Black Lake No. 1 by 125 acre-feet. The District will use its conditional right of 100 acre-feet in Black Lake No. 1 for that portion of this increase and requests the change in place of storage to Black Lake No. 1 of 25 acre-feet of its 40.6 acre-foot conditional water right in Black Lake No. 2. Black Lake No. 1 is located immediately upstream of Black Lake No. 2, and there are no intervening water rights. The District further requests determination that the 125 acre-feet of water created by the dam enlargement may be released from Black Lake No.1 at any time for all decreed uses as part of the District’s integrated water system. B. In furtherance of the Memorandum of Agreement, dated June 23, 2005 (the “2005 MOA”), between the District and the Colorado Department of Natural Resources, the District requests the right to lower the water level in Black Lake No. 1 below 10,480.3 feet in elevation as necessary to enable the foregoing use of up to 18 acre-feet from the minimum pool. C. Subject to the terms of the 2005 MOA as such agreement may be amended by the parties from time to time, the District also requests the right to use its existing 300 acre-feet of absolute storage rights in Black Lakes No. 1 and No. 2 at any time for all decreed uses as set forth in paragraph 3F. above. D. The District requests a determination that the foregoing changes shall supersede any inconsistent limitations to the uses of Black Lakes Nos. 1 and 2 that may have been decreed in Case Nos. 4003, 79CW296, or 82CW328. 5. Land Ownership: Black Lakes Nos. 1 and 2 are located on land that is part of the White River National Forest and under special use permit to the District. WHEREFORE, the District requests that this Court enter a decree which: (i) Approves the District’s change of water rights described herein; and (ii) Finds that as a result of the District’s change of water rights there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional right. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

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21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW258 Eagle County, Colorado – Application for Water Rights. Direct all pleadings to: Gary L. Greer and Doran L. Matzke, Sherman & Howard L.L.C., 633 17th Street, Suite 3000, Denver, CO 80202. 1. Name, address, and telephone number of applicant: Town of Avon, c/o Norman Wood, Town Engineer, P.O. Box 975, Avon, Colorado 81620, Telephone No. 970 748-4045. 2. Name of structures: Avon Whitewater Course (“Course”), the approximate location of which is depicted in the map attached hereto as Exhibit A. The course contains three control structures to be known as “Bob, Sr.”, “Bob, Jr.”, and “Baby Bob.” The Course is approximately 348 feet in length from the Baby Bob invert, the upstream control structure, to the Bob, Sr. invert, the downstream control structure. The Course is located in the channel of the Eagle River near the intersection of Avon Road and Hurd Lane where Avon Road crosses the Eagle River at the bridge named Bob (the “Bridge”). The approximate locations of the three control structures are depicted on the map attached hereto as Exhibit A. Each of the three control structures will control the entire flow within the river channel. The control structures are designed to perform at different rates of flow. Baby Bob will be constructed as a pour-over hole. Bob, Jr. is the middle structure in the Course. It will be constructed as a wave hole 75 feet upstream of the upstream face of the Bridge. Bob, Sr. will be constructed 20 feet downstream of the downstream face of the Bridge. It will create a constriction wave downstream of the Bridge. The three control structures are designed to divert, capture, control, and concentrate the flow of water in the Course between specific points to create water features that will allow putting to beneficial use the minimum stream flows for three distinct recreation experiences for different skill levels in and on the water. 3. Legal description of each control structure: Bob Sr. is located in the SE 1/4 of the NW 1/4, Sec. 12, Township 5 S., R. 82 W., 6th P.M., 2,550 feet east of west section line and 2,300 feet south of north section line (1656708 N, 2711985 E CSP Central Zone). Bob Jr. is located in the SW 1/4 of the NE 1/4, Sec. 12, Township 5 S., R. 82 W., 6th P.M., 2,600 feet west of east section line and 2,350 feet south of north section line (1656680 N, 2712151 E CSP Central Zone). Baby Bob is located in the NE 1/4 of the SE 1/4, Sec. 12, Township 5 S., R. 82 W., 6th P.M., 2,450 feet west of east section line and 2,400 feet north of south section line (1656598 N, 2712305 E CSP Central Zone). The precise location of the structures may or may not be somewhat different from the locations described above. Provided that the locations of all the structures remain within the stream reach described above, any variation in structure location from the locations described herein will be simply described in the decree entered herein or, if such decree is entered before construction of any or all of the structures, in subsequent applications for diligence or applications to make absolute the water rights claimed herein. 4. Source: Eagle River, a tributary of the Colorado River. A. Date of initiation of appropriation: December 13, 2005. B. How appropriation was initiated: Formation of intent, adoption of resolution by the Avon Town Council on December 13,, 2005 and by the filing of the application. C. Date water applied to beneficial use: Not Applicable. 5. Amounts Claimed: Level One Flows, for beginner freestyle kayaking: Calendar Period: April 20-August 7, Flow (cfs): 200 cfs Conditional; Level Two Flows, for intermediate freestyle kayaking: Calendar Period: May 1-July 20, Flow (cfs): 350 cfs Conditional; Level Three Flows, for advanced and competitive kayaking: Calendar Period: May 25-July 7, Flow (cfs): 1,400 cfs Conditional (limited to eight 12-hour days). The claimed flows are for between the hours of 8:00 a.m. and 8:00 p.m. for all three levels of flow. Level Three flows are claimed for a total of eight twelve-hour days during the calendar period claimed for Level Three, the specific dates to be determined by Applicant by giving notice to the Division Engineer no less than thirty days in advance of the first date each year. Level One and Level Two Flows are claimed for the designated twelve hours each day during the calendar periods claimed for each Level. At Level One rate of flow Baby Bob is operating. At Level Two rate of flow Bob, Jr. and Baby Bob are each operating. At Level Three rate of flow Bob, Sr. begins to operate. Amounts claimed are the minimum amounts necessary to provide the designated reasonable recreational experience during each of the above calendar periods. 6. Beneficial Uses: Recreational uses in and on the Eagle River in connection with the Avon Whitewater Course, including, without limitation, boat passage, kayaking, and rafting. 7. Name(s) and address(es) of owner(s) or reputed owner(s) 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: Town of Avon and Vail Resorts, Inc. Town of Avon either owns the land or owns an easement for construction, maintenance, repair and replacement of any structure in the Course and for access for boat launching, passage, and for public viewing. 8. Remarks: This application is made pursuant to C.R.S. §§ 37-92-103(4), (7) and (10.3) and C.R.S. § 37-92-305(9)(b). The Town of Avon is a municipality incorporated in the State of Colorado. Pursuant to C.R.S. §37-92-102(5) within 30 days of filing this application, Applicant will submit a copy of the application to the Colorado Water Conservation Board (“CWCB”) for review. (30 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

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22. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW259 GARFIELD COUNTY Plateau Creek; Carol B. Scott, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, 970-241-5500; APPLICATION FOR SURFACE RIGHTS, STORAGE RIGHTS, AND REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION; I. SURFACE RIGHT 1. Name, address, and telephone number of Applicant: Carol B. Scott, 823 26 Road, Grand Junction, CO 81506; 2. Name of structure: Scott Spring; 3. Legal description: NE/4 NE/4 of Section 21, T11S, R96W, 6th P.M. at a point 1,196 ft. from the north section line and 1,198 ft. from the east section line; 4. Source: Surface flows and near-surface flows tributary to Mesa Creek; 5. A. Date of appropriation: May 1, 2004; B. How appropriation was initiated: By location and investigation of spring and by development of intent to appropriate; 6. Amount claimed: 0.17 c.f.s., conditional; 7. Use: piscatorial, fire protection, wildlife watering, and filling and continuous refilling of the Scott Pond; 8. II. STORAGE RIGHT. 9. Name of reservoir: Scott Pond; 10. Legal description: NW/4 NE/4 of S21, T11, R96W, 6th P.M. 1,025 ft. from the north section line and 1,375 ft. from the east section line; 11. Source: runoff from rainwater, snowmelt, as well as water from the Scott Spring, all tributary to Mesa Creek; 12. Information regarding appropriation: A. Date of initiation of appropriation: November 1, 2005; B. How appropriation was initiated: By hiring attorney and engineer to investigate location for pond and by development of intent to appropriate; 13. Amount claimed: 7.5 acre-feet, conditional; 14. Use: piscatorial, fire protection, wildlife watering in vicinity of pond; 15. Surface area at high water line: 0.75 acres; A. Maximum height of dam: less than 10 ft.; B. Length of dam: 220 feet; 16. Total capacity of reservoir: 7.5 acre-feet, all dead; 17. III. CHANGE OF WATER RIGHT. 18. Proposed change: Applicant owns 16 shares in the Mesa Creek Reservoir Company, which equates to an interest in several reservoirs described below. Applicant seeks to add augmentation as a use for the water rights represented by each of its shares, in support of the augmentation plan requested below; IV. PLAN OF AUGMENTATION. 19. Name of structures to be augmented: Scott Pond; 20. Previous decree for water rights to be used for augmentation: Applicant owns 16 shares in the Mesa Creek Reservoir Company, which includes an interest in several reservoirs, including Mesa Reservoir Nos. 1, 3, and 4. Each of the Mesa Reservoirs was decreed on July 22, 1912 in Case No. CA 5812 and stores water from Mesa Creek, tributary to Plateau Creek: A. Mesa Creek Reservoir #1 a/k/a Sunset Reservoir: Decreed for 246.96 acre-feet with an August 20, 1893 appropriation date. The reservoir is located in the NW/4 NW/4 of Section 35, and the NE/4 NE/4 of Section 34, all in T11S, R96W, 6th P.M.; B. Mesa Creek Reservoir No. 3 a/k/a Mesa Reservoir: Decreed for 330 acre-feet with a September 20, 1890 appropriation date. The reservoir is located in Section 35, T11S, R96W, 6th P.M.; C. Mesa Creek Reservoir No. 4 a/k/a Water Dog Reservoir: Decreed for 274.68 acre-feet with a September 28, 1892 appropriation date. The reservoir is located in the south half of Section 26 and the SW/4 SW/4 of Section 25, Township 11 South, Range 96 West, 6th P.M. The Reservoir was enlarged by 199.13 acre-feet with an appropriation date of September 20, 1899; 21. Statement of plan for augmentation: The Scott Pond will have a surface area of 0.75 acres. Evaporative depletions from the pond during the months of April through October will equal 1.64 acre-feet. The pond surface will freeze by the beginning of November each year and will remain frozen through March, which will prevent evaporative depletions during that time. Each of Applicant’s shares in the Mesa Creek Reservoir and Canal Company (“Company”) provides a dry-year yield of 0.45 acre-feet. Transit losses for the 2.5 mile stretch from the Reservoirs to the point of depletions will equal 5% of releases. Total annual reservoir releases under this plan will equal 1.72 acre-feet; A. Operation of plan: Water from the Scott Spring will be diverted to fill and continuously refill the Scott Pond. A diversion structure will be installed to permit flows from the Scott Spring to be bypassed around the Scott Pond and back to the existing natural channel whenever necessary. To the extent that pond filling is necessary, it will occur during the spring when the Scott Spring is in priority. Thus, out-of-priority depletions will be limited to evaporation from the Scott Pond. During periods of valid downstream calls, out-of-priority depletions from the Scott Pond will be offset by releases from one or more of the Company reservoirs to Mesa Creek. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 23. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW260 Garfield County - Mitchell Creek, tributary to the Colorado River. Application for Change of Water Right and Approval of Plan for Augmentation. Ken Kriz, Suzette Louden and Ann Martin c/o Scott Balcomb and Anne Marie McPhee, Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. First Claim. Change of Water Right. Decreed Name of Structures For Which Changes Are Sought: Reynolds and Cain Ditch. Info. from previous Decree: date entered: 05/11/1889, Civil

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Action No. 103, Dist. Ct., Garfield Cty. Decreed Point of Diversion: The decreed point of diversion of the Reynolds and Cain Ditch is on the East bank of Mitchell Creek, approximately one-half mile above the confluence of said Mitchell Creek with the Colorado River. The actual headgate location of the Reynolds and Cain Ditch is in the SW 1/4 of Sec. 34, T. 5 S., R. 89 W. of the 6th. P.M., whence a boat spike for the S 1/4 Corner of said Sec. 34 bears S. 83 degrees 05'13" E. 1905.99 ft. Bearings are relative. Appropriation date: 04/19/1883. Amt. decreed: 5.0 cfs. Amt. owned by applicants: 0.024 cfs. Historic Use: Irrigation. Proposed Change: Applicants seek an alternate point of diversion for a portion of their share of the Reynolds & Cain Ditch and to change the nature of use of their share of the Reynolds & Cain Ditch. Title to Applicants’ interest in the Reynolds & Cain Ditch is currently held in Applicant Ken Kriz’s name. Applicants Suzette Louden and Ann Martin have a contractual interest in a portion of Mr. Kriz’s interest in the Reynolds and Cain Ditch. Applicants’ interest in the Reynolds and Cain Ditch has historically irrigated about 0.82 acres of land within Applicant Ken Kriz's 6 acre tract of land. Applicants seek an alternate point of diversion for 0.010 cfs of their interest in the Reynolds and Cain Ditch to the Kriz Pump and Pipeline that diverts water from Mitchell Creek. The Kriz Pump and Pipeline is located in the NE 1/4 of the NW 1/4 of Sec. 6, T. 6 S., R. 89 W. of the 6th P.M. at a point 235 ft. S. of the N. sec. line and 3,325 ft. W. of the E. sec. line. That water shall continue to irrigate 0.34 acre of land within Mr. Kriz’s property historically irrigated by the Reynolds and Cain Ditch. The remaining historically irrigated 0.48 acres of Mr. Kriz’s property will be permanently dried up pursuant to the augmentation plan described below. Applicants also seek to change the use of the remaining 0.014 cfs of their interest in the Reynolds and Cain Ditch to add domestic and augmentation uses to the decreed irrigation use for use in the augmentation plan described below. Name and address of owner of land on which structures are located: Applicants. Second Claim. Plan for Augmentation. Name of structure to be augmented: Cannafax Spring. Are there other water rights diverted from this structure? No. Previous decree for water right to be used for augmentation: Reynolds and Cain Ditch. Date entered: 05/11/1889, Civil Action No. 103, Dist. Ct., Garfield Cty. Type of water right: Surface water right. Legal description of point of diversion described above. Amt.: 5.0 cfs, absolute. Amt. owned by applicants: 0.024 cfs. Amt. to be used for augmentation plan: 0.014 cfs. Appropriation: 04/19/1883. Decreed use: Irrigation. Historic use: Irrigation of approximately 171 acres. Statement of plan for augmentation: The Cannafax Spring supplies domestic and irrigation water to one residence located on the Ann Martin property and another residence located on the Suzette Louden property. The Cannafax Spring is subject to a call from the Reynolds and Cain Ditch during the irrigation season of dry years. Applicants seek a conservative plan for augmentation that will replace all out-of-priority depletions at the Martin and Louden residences during the irrigation season. The Cannafax Spring is in-priority during the non-irrigation season and consequently no augmentation is required during the non-irrigation season. The 5.0 cfs in the Reynolds and Cain Ditch has historically irrigated about 171 acres of pasture located north of the Colorado River in the West Glenwood Springs area. The duty of water associated with this historical irrigation is about 34.2 acres per cfs. Based on this duty of water, Applicants' 0.024 cfs interest in the Reynolds & Cain Ditch historically irrigated about 0.82 acres of land within Applicant Ken Kriz's 6 acre tract of land. Applicant Kriz plans to continue irrigating up to 15,000 s.f. (0.34 acre) of the 0.82 acres historically irrigated by his share in the Reynolds and Cain Ditch. This will require 0.010 cfs. Applicants Martin and Louden seek to permanently remove from irrigation the remaining 0.48 acres historically irrigated by the Kriz shares in the Reynolds and Cain Ditch. Each acre of land historically irrigated by the Reynolds and Cain Ditch consumes an average of 2.03 a.f. per year. Accordingly, 0.976 a.f. of historical consumptive use credits will be associated with the permanent dry-up of irrigated land. Applicants seek to use a portion of the 0.976 af of historical consumptive use credits to augment out-of-priority depletions associated with the in-house water use of two single family residences upstream from the historic place of use, as well as depletions associated with a total of 6,000 s.f. of lawn irrigation. Total annual consumptive use is 0.398 a.f. per year. A surplus of 0.627 a.f. of historical consumptive use credits will remain after the depletions associated with the Martin and Louden properties are fully augmented. Applicants retain the right to use the surplus historical consumptive use credits for other uses, provided Applicants or their successors first obtain approval from the Water Court or State Engineer under a temporary substitute supply plan. Names and addresses of owners of land on which structures are located or water will be used: Applicants. (6 pages + exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 24. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW261 Mesa County, Colorado. Applicant: A & G Partnership, 710 South 15th Street, Grand Junction, Colorado 81501; (970) 242-8134. Attorney for Applicant: John T. Howe, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 242-4903. Name of structures: Wanda’s Wash Pump and Wanda’s Wash Ditch. Type of application: Application for Finding of Reasonable Diligence and to Make Absolute. Source: Wanda’s Wash, tributary to the

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Colorado River. Original Decree: Case No. 92 CW 301, Water Division 5, May 11, 1993. Location: the point of diversion of Wanda’s Wash Pump is located in the NE¼SE¼ of Sec. 21, T. 1 S., R. 1 E. of the Ute P.M. at a point from which the SE corner of said NE¼SE¼ bears South 78Ε59'54" East 886.81 feet; the point of diversion of Wanda’s Wash Ditch is located in the NE¼SE¼ of Sec. 21, T. 1 S., R. 1 E. of the Ute P.M. at a point from which the SE corner of said NE¼SE¼ bears South 58Ε57'46" East 1266.76 feet. Type of Use: irrigation (including residential, lawn and garden, reclamation and revegetation purposes), mining, industrial, recreation, piscatorial and stock watering. Appropriation Date: March 15, 1992. Type of structure: Wanda’s Wash Pump: surface diversion; Wanda’s Wash Ditch: ditch. Quantity: 6.00 c.f.s.; the decree provides that 1.0 c.f.s. of the 6.0 c.f.s. can be used for mining, industrial, recreation and piscatorial purposes and .033 c.f.s. of the 6.0 c.f.s. can be used for stock watering. Applicant seeks to make absolute .300 c.f.s for irrigation purposes and 1.00 c.f.s. for mining and industrial use; Applicant seeks a finding of reasonable diligence as to the remaining portions of the water rights not previously made absolute. Name and address of owner of land on which structures are located, or upon which water is or will be placed to beneficial use: Applicant. Additional Information: Wanda’s Wash Ditch is decreed as an alternate point of diversion for Wanda’s Wash Pump. This application concerns the undivided 75% interest in the subject water rights owned by Applicant. Findings of diligence were previously made in Case Nos. 99 CW 95 and 99 CW 80, Water Division 5. The application contains a detailed description of the work performed during the diligence period. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 25. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW262 EAGLE COUNTY – CROSS CREEK, TRIBUTARY TO EAGLE RIVER, AND EAGLE RIVER – APPLICATION FOR CHANGES OF WATER RIGHTS. The Town of Minturn c/o Ann Capela, Town Manager, 302 Pine Street, Minturn, CO 81645. Copies of all pleadings to: Anne J. Castle, Esq., Lori J. Satterfield, Esq. Holland & Hart LLP, 555 Seventeenth Street, Suite 3200, Denver, CO 80202. Proposed Changes in Point of Diversion for Minturn Water System Ditch: Decreed name of structure for which change is sought: The Minturn Water System Water Ditch (“Minturn Ditch”). Information from Previous Decree: Date Entered: The original Decree was entered June 5, 1916 in Case No. 671, District Court, Eagle County, Colorado. Decreed Point of Diversion: The original decreed point of diversion was the headgate of the Minturn Water System Ditch situated at a point on the North bank of Cross Creek whence the Northwest Corner of Section 35, Township 5 South, Range 81 West of the 6th P.M. bears North 60◦35’ West 8678 feet. A change in point of diversion was decreed in Civil Action No. 1137 (Eagle County District Court) on August 25, 1953. A change in the point of diversion to the current location was subsequently approved in Civil Action No. 1333 (Eagle County District Court) on December 11, 1963 to a point on the Westerly bank of Cross Creek from whence the section corner common to Sections 35 and 36 of Township 5 South, Range 81 West of the 6th P.M. bears North 38◦43’20” East a distance of 2531.38 feet (the “Cross Creek Headgate”). The current location of the Minturn Ditch is depicted on Exhibit A on file with the Water Court. In Case No. 94CW355, an alternate point of diversion for 1.0 cfs was approved for diversion at a point on the east side of the Eagle River, 870 feet directly Southwest of the Northwest corner of the Northeast 1/4, Northeast 1/4 of Section 35, Township 5 South, Range 81 West, 6th P.M. The alternate point of diversion decreed in Case No. 94CW355 is limited to 1.0 cfs for all decreed purposes for which raw water, rather than treated water, can be used. Source: Cross Creek, tributary to the Eagle River. Appropriation Date: April 1, 1912. Amount: 7.0 cfs. Decreed Use: The Minturn Ditch water right has decreed uses of domestic and other beneficial purposes, including, without limitation, fire, mechanical, irrigation, and other purposes. Proposed change of Minturn Ditch: The Town requests approval of alternate points of diversion of the Minturn Ditch at the following locations: Well No. 3: Located in the Northwest 1/4 of the Northwest 1/4, Section 2, Township 6 South, Range 81 West of the 6th P.M., at a point 950 feet from the North line and 1200 feet from the West line. Well No. 3 is currently in existence and permitted as Well Permit No. 47794-F. Well No. 4: Located in the Southeast 1/4 of the Southeast 1/4, Section 35, Township 5 South, Range 81 West of the 6th P.M., at a point 66 feet from the South line and 430 feet from the East line. Well No. 4 is currently in existence and permitted as Well Permit No. 13700-F-R. Well Nos. 3 and 4 are depicted on Exhibits A and B on file with the Water Court. Minturn Well Field No. 1. Consisting of a single well or a combination of wells that may be constructed in Minturn Well Field No. 1 as depicted generally on Exhibit B on file with the Water Court. Portions of Minturn Well Field No. 1 are in areas where the section lines, township and range have not been mapped by the United States Geological Survey. The wells in Minturn Well Field No. 1 will be constructed within 100 feet of Cross Creek within the following stream reach, which is described using the Universal Transverse Mercator (“UTM”) coordinate system, NAD83 datum. Minturn Well Field No. 1, as described below, may include some lands managed by the United States Forest Service (“USFS”). Applicant does not intend to appropriate a water right on USFS lands and will not construct a well on USFS lands.

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Location of Minturn Well Field No. 1: 100 feet on either side of a reach of Cross Creek, described as beginning at a point with UTM coordinates approximately 378118 Easting and 4380283 Northing, and continuing downstream along Cross Creek to the confluence with the Eagle River with UTM coordinates approximately 379172 Easting and 4381014 Northing. Any wells constructed in Minturn Well Field No. 1 will be located more than 600 feet from any wells that are owned by third parties and that exist as of the date of filing this Application, unless consent has been provided, or unless the well is otherwise permitted by the State Engineer, in accordance with C.R.S. § 37-90-137(2)(b). Exercise of the Minturn Ditch at the alternate points of diversion claimed herein shall be subject to the following terms and conditions specified in the decree dated September 28, 1998 in Case No. 97CW161, Water Division No. 5. The Minturn Ditch can be diverted cumulatively at all of its decreed points of diversion at the following maximum amounts: Up to 7.0 cfs year round for firefighting purposes during a fire or thereafter for a maximum of 24 hours to restore to system storage that amount of firefighting water diverted from storage. Up to 7.0 cfs from May 1 through July 15 to fill Bolts Lake or another storage facility in the area, up to a maximum of 200 acre feet per year. Approval of a change of water right to allow the use of the Minturn Ditch for this purpose will be required prior to implementation of this diversion limit. Up to 5.0 cfs from May 1 to July 15 when otherwise not being used to fill Bolts Lake or another storage facility. Up to 4.0 cfs from July 16 to August 31. Up to 3.0 cfs from September 1, to September 30. Up to 2.24 cfs from October 1 to April 30. The above-described diversion limits do not apply to water diverted at the headgate for the Minturn Ditch that is returned to Cross Creek above its confluence with the Eagle River. Some water is diverted for the purpose of efficiently operating the filters that are part of the Minturn water treatment system, and such water is returned to Cross Creek without consumption and, therefore, causes no depletion to the stream or injury. Minturn will install such meters as may be required to verify the diversion limits. The above-described limits may be exceeded and the diversion can go up to 7.0 cfs if a wastewater treatment facility is constructed at such a location that all treated wastewater is returned to the Eagle River upstream of Dowds Junction (the confluence of the Eagle River and Gore Creek). Nothing contained herein shall modify the terms of the stipulation in Case No. 94CW355 dated September 6, 1995 (including the decree entered in said case dated December 7, 1995 which limits diversions at the Eagle River point of diversion to 1.0 cfs during the periods specified therein), which stipulation remains in full force and effect. Exercise of the Minturn Ditch at all approved points of diversion, including the Cross Creek Headgate, Well Nos. 3 and 4, Minturn Well Field No. 1, and the Eagle River point of diversion described in the decree in Case No. 94CW355 shall further be limited by the amount of water physically available in priority to the Minturn Ditch at the Cross Creek Headgate. No enlargement of use of the Minturn Ditch will occur as a result of the requested change of water rights. No change in type of use or place of use is proposed. Proposed Changes in Points of Diversion for Minturn Well Nos. 1 and 2: Decreed Name of Structure for Which Change is Sought: Town of Minturn Well No. 1 (“Well 1”). Information from Previous Decree: Date Entered: The original Decree was entered February 23, 1973 in Case No. W-1100, Water Division No. 5. Decreed Point of Diversion: Located in the Southwest 1/4 of Section 36, Township 5 South, Range 81 West of the 6th P.M., at a point whence the Southwest 1/4 of said Section 36 bears South 37°56’50” West, 1325.39 feet. Well No. 1 is depicted on Exhibit A hereto and incorporated herein. Source: Groundwater tributary to Eagle River. Appropriation Date: August 31, 1962. Amount: 0.5 cfs Decreed Use: Municipal. Decreed Name of Structure for Which Change is Sought: Town of Minturn Well No. 2 (“Well 2”). Information from previous Decree: Date Entered: The original Decree was entered March 11, 1973 in Case No. W-1101, Water Division No. 5. Decreed Point of Diversion: Located in the Southwest 1/4 Southwest 1/4 of Section 36, Township 5 South, Range 81 West of the 6th P.M., at a point whence the Southwest 1/4 of said Section 36 bears South 19°32’20” West, 723.71 feet. Well No. 2 is depicted on Exhibit A hereto and incorporated herein. Source: Groundwater tributary to Eagle River. Appropriation Date: August 31, 1962. Amount: 0.5 cfs, Absolute Decreed Use: Municipal. Proposed Changes of Wells 1 and 2: Minturn requests alternate points of diversion for Wells 1 and 2 at the following locations: Wells 3 and 4 described above, and/or at any one or combination of wells that may be constructed in Minturn Well Field No. 1, as described above. When operating under the Decrees for Wells 1 and 2, cumulative diversions at any combination of Wells 1-4, and wells constructed in Minturn Well Field No. 1 will not exceed the 1.0 cfs decreed flow rates for Wells 1 and 2 combined. No enlargement of use of Well 1 or Well 2 will occur as a result of the requested change of water rights. No change in type of use or place of use is proposed. (11 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 26. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW263 EAGLE COUNTY – CROSS CREEK, TRIBUTARY TO EAGLE RIVER, AND EAGLE RIVER. APPLICATION FOR NEW GROUND WATER RIGHTS. The Town of Minturn, c/o Ann Capela, Town Manager, 302 Pine Street, Minturn, CO

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81645. Copies of all pleadings to: Anne J. Castle, Esq., Lori J. Satterfield, Esq., Holland & Hart LLP, 555 Seventeenth Street, Suite 3200, Denver, CO 80202. Application for Confirmation of Ground Water Rights for Minturn Well Fields: Names of Structures: Minturn Well Field Nos. 1 and 2 (collectively “Minturn Well Fields”). Legal description: The Minturn Well Fields are depicted generally on Exhibit A on file with the Water Court. Portions of the Minturn Well Fields are in areas where the section lines, township and range have not been mapped by the United States Geological Survey. The wells in the Minturn Well Fields will be constructed within 100 feet of Cross Creek (Minturn Well Field No. 1) or the Eagle River (Minturn Well Field No. 2) within the following stream reaches, which are described using the Universal Transverse Mercator (“UTM”) coordinate system, NAD83 datum. The Minturn Well Fields, as described below, may include some lands managed by the United States Forest Service (“USFS”). Applicant does not intend to appropriate a water right on USFS lands and will not construct a well on USFS lands. Location of Minturn Well Field No. 1: 100 feet on either side of a reach of Cross Creek, described as beginning at a point with UTM coordinates approximately 378118 Easting and 4380283 Northing, and continuing downstream along Cross Creek to the confluence with the Eagle River with UTM coordinates approximately 379172 Easting and 4381014 Northing. By an Application filed simultaneously with the subject Application, the Town has also requested approval of alternate points of diversion of the Minturn Minturn Water System Ditch and Minturn Well Nos. 1 and 2 at the Minturn Well Field No. 1. Location of Minturn Well Field No. 2: 100 feet on either side of a reach of the Eagle River, described as beginning at a point with UTM coordinates approximately 379329 Easting and 4378407 Northing, and continuing downstream along the Eagle River to a point with UTM coordinates approximately 379652 Easting and 4380103 Northing. Any wells constructed in the Minturn Well Fields will be located more than 600 feet from any wells that are owned by third parties and that exist as of the date of filing this Application, unless consent has been provided, or unless the well is otherwise permitted by the State Engineer, in accordance with C.R.S. § 37-90-137(2)(b). Date of initiation of appropriation: September 6, 2005. How appropriation was initiated: By formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to: site investigations and water supply planning by water resources consultants; and development of a water supply master plan for the Town, based upon the projected future water requirements to serve the Town at full buildout. Date water applied to beneficial use: N/A. Amount claimed: Applicant proposes to develop as many wells as are necessary in the Minturn Well Fields for cumulative maximum diversions of 2.5 cfs. So long as Applicant complies with the terms and conditions of the Decree in this case and obtains a well permit, amendment of the Decree will not be required each time a new well location is determined. Applicant is entitled to have as many wells as are necessary to divert a cumulative maximum diversion of 2.5 cfs under the priority of the ground water right for the Minturn Well Fields, and to be issued well permits by the State Engineer to construct and use groundwater under the priority of the Minturn Well Fields, so long as the well permit applications confirm that operation of the wells will be subject to the terms and conditions of the Decree in this case. Proposed use: Municipal. Diversions may be used directly or stored for subsequent release and use. Diversions from the Minturn Well Fields will be used within the Applicant’s service area. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 27. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW264 APPLICATION FOR CHANGE OF WATER RIGHTS, SUMMIT COUNTY C/O JOHN J. CYRAN, Assistant Attorney General, Natural Resources Section, Attorneys for DOW, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. Telephone: (303) 866-5358. FAX: (303) 866-3558. Name and address of Applicant: Colorado Water Conservation Board 1313 Sherman Street, Room 721 Denver, CO 80203 SUMMARY OF APPLICATION Applicant, the Colorado Water Conservation Board (the “Board”) acquired the Peabody #1 Ditch and Peabody #1 Ditch, Lund Enlargement & Extension water rights from the Colorado Water Trust by means of an acquisition agreement dated December 2004 and amended May 2005 (the “Acquisition Agreement”). The Board proposes to change the use of the Peabody #1 Ditch and Peabody #1 Ditch, Lund Enlargement & Extension to allow the rights to be used for instream flow purposes exclusively by the Board, pursuant to C.R.S. § 37-92-102(3), to preserve and improve the natural environment for that reach of Boulder Creek and the Blue River lying between the headgate of the Peabody #1 Ditch on Boulder Creek and Green Mountain Reservoir on the Blue River. In addition, consistent with the Acquisition Agreement, this change will reserve the consumptive use portion of the Peabody #1 Ditch and Peabody #1 Ditch, Lund Enlargement & Extension rights remaining in the stream downstream of the above-described reach of Boulder Creek and the Blue River to make the consumptive use portion of the rights available to the Colorado Water Trust or its assignees for subsequent use downstream from the instream flow reach. The uses to be made of the consumptive use credits by the Colorado Water Trust or its assignees are specifically described in a

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separate water rights application being filed by the Colorado Water Trust contemporaneously with this application. Those specific uses are not the subject of this application. DESCRIPTION OF WATER RIGHTS TO BE CHANGED Name of Structures: Peabody #1 Ditch Peabody #1, Lund Enlargement & Extension From Previous Decree: Peabody #1 DitchDate entered, Case No., Court: March 2, 1910, Case No. 1277, in the District Court in and for Summit County, Colorado. Decreed point of diversion: NE1/4 of the NE1/4, Section 12, Township 4 South, Range 79 West of the 6th P.M., Summit County, Colorado. Source: Boulder Creek, tributary to the Blue River. Appropriation date: May 23, 1904 Amount: 5.0 cfs, absolute Historical use: Water was historically diverted from Boulder Creek to irrigate approximately 63 acres of land. Peabody #1, Lund Enlargement & Extension Date entered, Case No., Court: July 5, 1916, Case No. 1520, in the District Court in and for Summit County, Colorado, for 1.5 cfs absolute and 2.0 cfs conditional. The 2.0 cfs conditional was made absolute in Case No. 86CW151, Water Division No. 5. Decreed point of diversion: NE1/4 of the NE1/4, Section 12, Township 4 South, Range 79 West of the 6th P.M., Summit County, Colorado. Source: Boulder Creek, tributary to the Blue River. Appropriation date: May 15, 1915. Amount: 3.5 cfs, absolute. Historical use: Water was historically diverted from Boulder Creek to irrigate approximately 63 acres of land. Map Showing Location of the Rights: A map of the Peabody #1 Ditch and Peabody #1, Lund Enlargement & Extension and surrounding vicinity is attached hereto as Exhibit “2”. description of Proposed Change of water right Historic Use: The Peabody #1 Ditch and Peabody #1 Ditch, Lund Enlargement & Extension rights (the “Peabody Ditch water rights”) were historically diverted from Boulder Creek at the Peabody #1 Ditch headgate, described above, to irrigate approximately 63 acres on the north side of Lederman Gulch in the Slate Creek watershed, located in the SE1/4 of the SE1/4 of Section 19, the SW1/4 of the SW1/4 of Section 20, the NW1/4 of the NW1/4 of Section 29, and the NE1/4 of Section 30, Township 3 South, Range 78 West of the 6th P.M. The annual consumptive use of water from such irrigation amounted to 73 acre-feet. A summary of historic diversions is attached hereto as Exhibit “1”. Description of New Use: The Board seeks the right to change the use of the Peabody Ditch water rights from irrigation uses to instream flow purposes exclusively by the Board, pursuant to C.R.S. § 37-92-103(3), within Boulder Creek and the Blue River. Water obtained via this change of use will be in addition to any water to which the Board would otherwise be entitled pursuant to its existing decreed instream flow rights on Boulder Creek and the Blue River. Location of New Point of Diversion: The Board will not divert the Peabody Ditch water rights, but will use the rights to preserve and improve the natural environment within segments of Boulder Creek and the Blue River located downstream of the Peabody #1 Ditch headgate, as is more fully described below. Location of New Use: The Board seeks to use the Peabody Ditch water rights for instream flow purposes in the following stream reaches: Boulder Creek: That reach of Boulder Creek from the headgate of the Peabody #1 Ditch, downstream approximately 3 miles to the confluence with the Blue River. Blue River: Segment 1: That reach of the Blue River from the confluence of Boulder Creek to the confluence with Slate Creek, a distance of about 4.2 miles. Segment 2: That reach of the Blue River from the confluence of Slate Creek to the confluence with Green Mountain Reservoir, a distance of approximately 6.9 miles. Reservation of Consumptive Use Credits for Downstream Use: The Board acquired the Peabody Ditch water rights from the Colorado Water Trust by means of the Acquisition Agreement dated December 2004 and amended May 2005. Pursuant to the Acquisition Agreement, the Colorado Water Trust and/or its assigns have reserved the right to use the consumptive use portion of the Peabody Ditch water rights downstream of Green Mountain Reservoir for irrigation, municipal, industrial, augmentation, evaporation replacement, fish and wildlife culture, and/or fire control. Accordingly, this application reserves the consumptive use credits remaining in the stream downstream of the above-described reaches of Boulder Creek and the Blue River so as to make the consumptive use portion of the rights available to the Colorado Water Trust or its assignees for subsequent use downstream from the instream flow reach. The uses to be made of the consumptive use credits by the Colorado Water Trust or its assignees are specifically described in a separate water rights application being filed by the Colorado Water Trust contemporaneously with this application. Those specific uses are not the subject of this application. Remarks: The Peabody Ditch water rights were historically diverted at the Peabody Ditch #1 headgate for use to irrigate lands in the State Creek watershed. The return flows from this use accrued to Slate Creek and Segment 2 of the Blue River, described above. Accordingly, the Board claims the right to use the full amount of the Peabody Ditch water rights for instream flow purposes in that reach of Boulder Creek located downstream of the Peabody Ditch #1 headgate and terminating at the confluence with the Blue River, and in Segment 1 of the Blue River terminating at the confluence with Slate Creek, as described above. The Board claims the right to use the historic consumptive use portion of the Peabody Ditch water rights for instream flow purposes in Segment 2 of the Blue River, as described above. The Board claims no right to use any portion of the Peabody Ditch water rights downstream of Segment 2 of the Blue River and the confluence of the Blue River with Green Mountain Reservoir. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

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28. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW265 SUMMIT COUNTY, Colorado Water Trust, a Colorado nonprofit corporation (the “Water Trust”), c/o John Carney, Executive Director, 1430 Larimer Street, Suite 300, Denver, Colorado 80202, (720) 570-2897, c/o David L. Harrison, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306, and Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise (the “River District”), Peter C. Fleming and Taylor E.C. Hawes, P.O. Box 1120, Glenwood Springs, Colorado 81602, (970) 945-8522; APPLICATION FOR CHANGE OF WATER RIGHT. 2. Summary of application: Applicant, Colorado Water Trust (“Water Trust”), subject to a reservation of right of use, conveyed the Peabody #1 Ditch and Peabody #1 Ditch, Lund Enlargement & Extension water rights (the Awater rights@) to the Colorado Water Conservation Board (the ABoard@) by means of an acquisition agreement dated December 2004 and amended May 2005 (Aacquisition agreement@). The Board is filing a separate Water Court application to change the use of the water rights to allow those rights to be used exclusively by the Board for instream flow pursuant to C.R.S. ' 37-92-102(3), to preserve and improve the natural environment for that reach of Boulder Creek and the Blue River lying between the headgate of the Peabody #1 Ditch on Boulder Creek down to Green Mountain Reservoir on the Blue River. Consistent with the acquisition agreement, the Water Trust has reserved the consumptive use portion of the water rights remaining in the stream downstream of the above-described reach of Boulder Creek and the Blue River to consumptively use the water rights downstream from the instream flow reach. The Water Trust has contracted to sell the right to such downstream consumptive use to the Colorado River Water Conservation District (“River District”). The Water Trust and the River District are hereby filing this separate change of water rights application to cover the subsequent downstream uses. The uses to be made of these consumptive use credits are specifically described below. 3. Decreed name of structures for which is change is sought: Peabody #1 Ditch and Peabody #1, Lund Enlargement & Extension. 4. From previous decree(s): A. Peabody #1 Ditch: i. Date entered, Case No., Court: March 2, 1910, Case No. W-1277, in the District Court in and for Summit County, Colorado. ii. Decreed point of diversion: NE1/4 of the NE1/4, Section 12, Township 4 South, Range 79 West of the 6th P.M., Summit County, Colorado. iii. Source: Boulder Creek, tributary to the Blue River. iv. Appropriation date: May 23, 1904. v. Amount: 5.0 cfs, absolute. B. Peabody #1, Lund Enlargement & Extension: i. Date entered, Case No., Court: July 5, 1916, Case No. 1520, in the District Court in and for Summit County, Colorado, for 1.5 cfs absolute and 2.0 cfs conditional. The 2.0 cfs conditional was made absolute in Case No. 86CW151, Water Division No. 5, State of Colorado. ii. Decreed point of diversion: NE1/4 of the NE1/4, Section 12, Township 4 South, Range 79 West of the 6th P.M., Summit County, Colorado. iii. Source: Boulder Creek, tributary to the Blue River. iv. Appropriation date: May 15, 1915. v. Amount: 3.5 cfs, absolute. C. Historical use: Water was historically diverted from Boulder Creek to irrigate approximately 63 acres of land. A summary of the record of diversions is attached as Exhibit 1. A map depicting the historical irrigated area is attached as Exhibit 2. 5. Proposed change: Applicants propose to change the use from irrigation to all beneficial uses, including but not limited to municipal, commercial, industrial, domestic, irrigation, agricultural, livestock, hydro-power production, evaporation, piscatorial and recreational (including in-reservoir and in-river fish habitat and river flow maintenance and enhancement uses and uses in furtherance of the Upper Colorado River Basin Fishes Recovery Program) with the right to reuse and successively use the water to extinction consistent with the Wolford Mountain Reservoir Decrees and pursuant to the River District=s water marketing program subject to any limitations in the contract with the Water Trust, dated August 29, 2005. The water divertible under the subject right may be stored in Wolford Mountain Reservoir or Green Mountain Reservoir, subject to approval by the U.S. Bureau of Reclamation, for subsequent use for said purposes. 6. Historical use: The Peabody water was historically used for irrigation of 63 acres on the north side of Lederman Gulch in the SE1/4 of the SE1/4 of Section 19, the SW1/4 of the SW1/4 of Section 20, the NW1/4 of the NW1/4 of Section 29, and the NE1/4 of Section 30, Township 3 South, Range 78 West of the 6th P.M. The annual consumptive use of water from such irrigation averaged 73 acre-feet. 7. Remarks: The subject water rights were acquired by the Water Trust from Howard and Jeanette Moser on May 27, 2005. The rights were then conveyed to the Board for use for instream flow purposes pursuant to the acquisition agreement. Pursuant to the acquisition agreement, the Water Trust and/or its assigns have reserved the right to use the consumptive use portion of the water rights described in paragraph 3 herein, downstream of Green Mountain Reservoir in a manner consistent with the uses contemplated by the River District=s decrees for Wolford Mountain Reservoir. The Board is separately filing a change of water right to provide for its use of water for instream flow purposes in the instream flow reaches above Green Mountain Reservoir. The Water Trust has contracted with the River District by contract of August 29, 2005, to sell the right to consumptively use the water rights downstream of Green Mountain Reservoir. The River District intends to provide for the use of the water rights through its water marketing program for beneficial uses in Water Division No. 5, and as further limited by the acquisition agreement and the contract with the Water Trust. The acquisition agreement expressly prohibits the Water Trust and its assigns from exercising the right to use the donated rights reserved by the Water Trust via exchange to uses located upstream from Green Mountain Reservoir, or on the Colorado River upstream of the confluence with the Blue River. The Board has consented to the exercise of the consumptive use portion of the donated rights by the River District on Muddy Creek for storage at Wolford Mountain Reservoir for subsequent release for beneficial

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uses by the River District or its assigns in a manner consistent with the uses contemplated by the River District’s decrees for Wolford Mountain Reservoir, so long as such use does not cause injury to any instream flow water rights held by the Board. The parties acknowledge and understand that the Division Engineer may assess appropriate transit losses on the water available for uses downstream from Green Mountain Reservoir. The River District will be responsible for securing any water storage agreement with the U.S. Bureau of Reclamation that may be necessary to temporarily store the water rights in Green Mountain Reservoir. WHEREFORE, applicants request that the Court grant the requested change of water rights, subject to terms and conditions that the Court determines necessary to protect other vested water rights from injury. (6 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 29. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW266 SUMMIT COUNTY, George B. and Pamela D. Beardsley, 2 Inverness Drive East, Suite 200, Englewood, Colorado 80112, c/o James R. Montgomery, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306; APPLICATION FOR WATER STORAGE RIGHT, CHANGE OF WATER RIGHTS, AND APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING EXCHANGE. II. Application for Water Storage Right. A. Name of reservoir: Beardsley No. 1 Pond. B. Location of dam: The dam for the Beardsley No. 1 Pond is located in the SW1/4, Section 11, Township 3 South, Range 79 West of the 6th P.M., in Summit County at a point whence the southwest corner of Section 11 bears S70°000'W 1,105 feet and the south 1/16 corner of Section 11 bears S 42°00'E 454 feet. C. Source: South Brush Creek, tributary to Brush Creek, tributary to the Blue River. D. Appropriation: 1. Date of appropriation: June 1, 1995. 2. How appropriation was initiated: By design, construction and filling of the pond. 3. Date water applied to beneficial use: June 1, 1995. E. Amount claimed: 1.5 acre-feet, absolute, and 1.5 acre-feet, conditional, for future enlargement. F. Use: Irrigation, stock water, fire fighting, fish and wildlife uses in and around the pond, recreation, and aesthetic. 1. Water is delivered from the pond to a sprinkler irrigation system that irrigates up to 2 acres of an area around applicants= residence, which area was historically irrigated in part by water rights under the Sarah Ditch, which is more fully described below. 2. Legal description of acreage to be irrigated: Approximately 2 acres around applicants= residence near the south 1/16 corner of the SW1/4, Section 11, Township 3 South, Range 79 West of the 6th P.M. (See map attached hereto as Exhibit A.) G. Surface area of high water line: 0.32 acres. 1. Maximum height of dam: 9.1 feet. 2. Length of dam: 84 feet. H. Capacity of reservoir: 1.5 acre-feet active; 0 acre-feet dead storage. I. Owners of land: Applicants own all of the land on which the storage structure and related diversion and irrigation facilities are located. J. Remarks: The Beardsley No. 1 Pond is located on the eastern channel of South Brush Creek, which receives water from the natural drainage and also is supplemented by 1.0 cfs of applicants= Sarah Ditch water, which is diverted from North Brush Creek, delivered to South Brush Creek and re-diverted from the middle branch of South Brush Creek to the eastern branch that feeds the pond. Applicants= Sarah Ditch water was historically used to irrigate the lands that are capable of being irrigated with water from the pond and applicants intend to continue to use their Sarah Ditch water, when in priority, through the pond for that purpose. Any out-of-priority irrigation depletions, and out-of-priority evaporation depletions from the pond will be replaced under the plan for augmentation described below. III. Change of Water Rights (Sarah Ditch): A. Description of water right sought to be changed: 1. Name: Sarah Ditch. 2. Original decree: June 17, 1929, Case No. 1522, Summit County District Court. 3. Decreed point of diversion: On the south bank of North Fork Brush Creek at a point whence the west quarter corner of Section 11, Township 3 South, Range 78 West of the 6th P.M. bears N52°13'E 8,935 feet. 4. Source: North Fork Brush Creek. 5. Appropriation date: June 9, 1915. 6. Amount: 4.0 cfs, 1.0 cfs of which is owned by applicants and subject to this change of water right. 7. Decreed use: Irrigation. B. Historical use: The Sarah Ditch diverts water from a tributary of the North Fork of Brush Creek at the decreed point of diversion and carries that water a short distance to the channel of South Brush Creek in the NE1/4 SE1/4 of Section 16, Township 3 South, Range 79 West of the 6th P.M., from which point water is conveyed in the channel of South Brush Creek to be re-diverted at the following points: 1. A ditch commonly known as the AUpper Hedin Ditch@ at a point in the E1/2 NW1/4 of Section 15, whence the north quarter corner of Section 15 bears N32°28'23"E 1,582.39 feet. 2. A ditch commonly known as the AMiddle Hedin Ditch@ at a point in the E1/2 NE1/4 of Section 15, whence the north quarter corner of Section 15 bears N09°36'46"W 1,190.59 feet. 3. A ditch commonly known as the ALower Sarah Ditch@ at a point on the right bank of South Brush Creek in the E1/2 NE1/2, Section 15, Township 3 South, Range 79 West of the 6th P.M., whence the north quarter corner of Section 15 bears N40°51'21" 1,438.97 feet. From this point, water was delivered to approximately 7 acres in the vicinity of the Beardsley No. 1 Pond and the applicants’ residence, of that acreage, only 2 acres are now being irrigated.

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C. Proposed change: 1. Applicants request the Court to modify the decree to confirm that water is carried in the channel of South Brush Creek and re-diverted at the points described in paragraph III.B. above. The original decree erroneously described the place of use as lands located in ALots 5 and 6 and the SW1/4 of the NE1/4 of Section 29, Township 3 South, Range 78 West of the 6th P.M.@ This description was obviously in error and needs to be corrected. The place of use is generally in the SE1/4 of Section 10, the SW1/4 of Section 11, the N1/2 of Section 15 and the NW1/4 of Section 14, all in Township 3 South, Range 79 West of the 6th P.M. as shown on the map attached as Exhibit A. Diversion records are summarized in Exhibit B. 2. Applicants have ceased irrigating approximately 5 of the 7 acres that were historically irrigated with their Sarah Ditch water rights through the Lower Sarah Ditch. Applicants estimate that the average annual historical consumptive use on such 5 acres was approximately 6.55 acre-feet. In addition, applicants and their predecessors have historically irrigated approximately 27 acres with their Sarah Ditch water rights under the Upper Hedin Ditch and Middle Hedin Ditch described in paragraphs III.B.1. and 2. above. If necessary, applicants will remove such additional land from irrigation as necessary to make water available under their Sarah Ditch water rights to augment out-of-priority storage and evaporation depletions from Beardsley No. 1 Pond and future ponds and fishery improvements as described in the plan for augmentation below. Consequently, applicants request the Court to approve a change of use of a portion of their 1.0 cfs of the Sarah Ditch water right to storage, augmentation and exchange as described in the plan for augmentation. IV. Change of Water Right (Sperry Ditch). A. Description of water rights sought to be changed: 1. Name: Sperry Ditch. 2. Original decree: March 2, 1910, Case No. 1277, Summit County District Court. 3. Decreed point of diversion: On the left bank of North Fork Brush Creek in the SW1/4 NW1/4 of Section 11, Township 3 South, Range 79 West of the 6th P.M. 4. Source: North Fork Brush Creek. 5. Appropriation date: June 1, 1883. 6. Amount: 1.0 cfs. 7. Decreed use: Irrigation. B. Historical use: The Sperry Ditch has historically been used to irrigate approximately 30 acres of the irrigated area described on the map attached hereto as Exhibit A. Water diverted at the Sperry Ditch has historically been collected and reapplied by the downstream F.W. Sperry and F.W. Sperry Enlargement Ditches in the irrigation of lands described on Exhibit A. Diversion records are summarized in Exhibit C. C. Proposed changes: 1. The actual, historical point of diversion for the Sperry Ditch lies about 125 feet west of the quarter-quarter section described in the original decree as the point of diversion. Applicants request that the decreed point of diversion be corrected to correspond to the actual point, which is located in the SE1/4 NE1/4 Section 10, Township 3 South, Range 79 West of the 6th P.M., at a point whence the east quarter corner of said Section 10 bears S22°37'09"E 385.57 feet and whence the northeast corner of Section 10, bears N03°08'42"E 2,278.62 feet. 2. Because the North Fork of Brush Creek has changed course and made it difficult to divert at the original point, applicants request approval of the following alternate points of diversion: a. The Vie Ditch, located in the NW1/4 SE1/4 of Section 10, Township 3 South, Range 79 West of the 6th P.M., at a point whence the center of Section 10 bears N64°08'09"W 840.22 feet and whence the east quarter corner of Section 10 bears N78°41'25"E 1,913.19 feet. Water will be delivered from the Vie Ditch into the same ditch system historically supplied by the Sperry Ditch. b. The common point of diversion of the F.W. Sperry Ditch and the F.W. Sperry Enlargement Ditch located on the left bank of Brush Creek at a point whence the west quarter corner of Section 11, Township 3 South, Range 79 West of the 6th P.M. bears S58°01'42"W 972.38 feet. (Change of water right application pending in Case No. 05CW182.) 3. To the extent necessary to prevent injury to the vested and decreed conditional water rights of others from the operation of the plan for augmentation described below, applicants propose to dry-up a portion of the irrigated acreage under the Sperry Ditch. Up to 10 acres at the northern end of the ditch may be removed from irrigation with an average annual historical consumptive use of 1.31 acre-feet per acre. To the extent such water is needed to prevent injury in the plan for augmentation, applicants request the Court to approve a change of use of a portion of its Sperry Ditch water right to storage, augmentation and exchange as described in the plan for augmentation. V. Plan for Augmentation. A. Structures to be augmented: 1. Beardsley No. 1 Pond: Described in part II above. 2. Beardsley Residential Irrigation System, which diverts water from Beardsley No. 1 Pond to a sprinkler system for the irrigation of up to 2 acres. 3. Additional oxbow, pond and related fishery improvements on Brush Creek, South Brush Creek and North Brush Creek involving the addition of up to 2.3 acres of new surface water area that will be subject to evaporation. B. Water rights to be used for augmentation: A portion of the Sarah Ditch and a portion of the Sperry Ditch water rights described in parts III and IV of this application. C. Description of plan for augmentation: Applicants propose to use a portion of the historical consumptive use credits available under their Sarah Ditch and Sperry Ditch water rights described above to replace out-of-priority storage in, and out-of-priority evaporation from, the Beardsley No. 1 Pond and up to 2.3 surface acres of additional fishery improvements in the Brush Creek drainage on applicants’ property. Diversions and use under applicants’ Sarah Ditch and Sperry Ditch water rights will be reduced and a pro rata portion of such water left in Brush Creek to replace such out-of-priority depletions. Annual evaporation in the vicinity of Beardsley No. 1 Pond is estimated to be approximately 2.46 feet. With a surface area of 0.32 acres, the annual evaporation from the Beardsley No. 1 Pond is estimated to be approximately 0.79 acre-feet per year. Evaporation from additional surface area of future oxbows, ponds and other fishery improvement features up to 2.3 surface acres will result in evaporation up to 5.66 acre-feet per year. Applicants’ interest in the Sarah Ditch will be used to irrigate the 2 acres around applicants’ residence by delivering the water through the Beardsley No. 1 Pond and into the sprinkler irrigation system. If the Sarah Ditch is out-of-priority because of a demand by senior water rights on South Brush Creek or Brush Creek, applicants propose to continue irrigating with out-of-priority diversions, provided that the consumptive use from such irrigation will be replaced with credit

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available under applicants’ Sperry Ditch water rights. In that event, at least 2 acres of land will be dried-up under the Sperry Ditch to offset the depletion from irrigation of the 2 acres around applicants’ residence. If applicants’ augmentation water rights are not available to replace out-of-priority pond depletions at any time, water will be released from the pond as necessary to account for such evaporation. Applicants will install such measuring devices and maintain such records as may reasonably be required to implement the proposed plan for augmentation. VI. Appropriative Right of Exchange: A. Source of water to be exchanged: A portion of the Sperry Ditch water right to be left in the North Fork of Brush Creek by reason of the dry-up of up to 10 acres of irrigated land under the Sperry Ditch, as described in part IV of this application. B. Legal description of exchange reach: Water available under the subject Sperry Ditch water rights will be delivered to the confluence of North Brush Creek and South Brush Creek in the N1/2 of Section 11, Township 3 South, Range 79 West of the 6th P.M. from which water will be exchanged up South Brush Creek and the east branch of South Brush Creek to the location of the Beardsley No. 1 Pond described in paragraph I in the SW1/4 of said Section 11, or up the west branch of South Brush Creek to future ponds or oxbows for fishery improvement to an upstream point near the section corner common to Sections 10, 11, 14 and 15, Township 3 South, Range 79 West of the 6th P.M. C. Appropriation date: December 1, 2005. D. Exchange amount and rate: Up to 10 acre-feet per year; 0.07 cfs (30 gpm) maximum exchange rate, conditional. WHEREFORE, applicants request the Court to enter a decree approving the absolute water storage right, changes of water rights, plan for augmentation and appropriative right of exchange described in this application and determining that such water rights, changes of water rights and plan for augmentation including exchange will not cause injury to the vested or decreed conditional water rights of others. ((14 pages, including exhibits). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 30. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW267 SUMMIT COUNTY, George B. and Pamela D. Beardsley, 2 Inverness Drive East, Suite 200, Englewood, Colorado 80112, c/o James R. Montgomery, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306; APPLICATION FOR CHANGE OF WATER RIGHTS. II. Change of Water Right (Emmets Brush Creek No. 1 Ditch): A. Description of water rights sought to be changed: 1. Name: Emmets Brush Creek No. 1 Ditch. 2. Original decree: March 2, 1910, Case No. 1277, Summit County District Court. 3. Decreed point of diversion: On the right bank of North Fork Brush Creek in the NE1/4 SE1/4 of Section 10, Township 3 South, Range 79 West of the 6th P.M. 4. Source: North Fork Brush Creek. 5. Appropriation date: July 5, 1895. 6. Amount: 0.33 cfs. 7. Decreed use: Irrigation. B. Historical use: The Emmets Brush Creek No. 1 Ditch has been historically used in conjunction with the Emmets Brush Creek No. 2 Ditch to irrigate approximately 35 acres of the irrigated area described on Exhibit A. Water diverted in this ditch has historically been collected and reapplied to acreage under other, downstream ditches on the irrigated area described on Exhibit A. Diversion records for this ditch and the Emmet’s Brush Creek No. 1 Enlargement Ditch are summarized in Exhibit B. C. Proposed change: The actual, historical point of diversion for the Emmets Brush Creek No. 1 Ditch lies approximately 100 feet north of the quarter-quarter section described in the original decree. Applicants request that the decree be corrected to reflect the actual point of diversion, which is located on the right bank of North Fork Brush Creek in the NE1/4 Section 10, Township 3 South, Range 79 West of the 6th P.M., at a point whence the east quarter corner of Section 10 bears S17°42'52"E 318.92 feet and whence the northeast corner of Section 10, bears N01°48'55"E 2,328.47 feet. In addition, applicants request confirmation of the historical practice of diverting both the Emmets Brush Creek No. 1 Ditch and the Emmets Brush Creek No. 2 Ditch at this common point of diversion or, alternatively, at the following point of diversion: At a point on the right bank of North Brush Creek in the NW1/4 of Section 11, Township 3 South, Range 79 West of the 6th P.M., whence the west quarter corner of Section 11 bears S59°30'W 815.0 feet. III. Change of Water Right (Emmets Brush Creek No. 2 Ditch): A. Description of water rights sought to be changed: 1. Name: Emmets Brush Creek No. 2 Ditch. 2. Original decree: March 2, 1910, Case No. 1277, Summit County District Court. 3. Decreed point of diversion: On the right bank of North Fork Brush Creek in the SE1/4 NE1/4 of Section 10, Township 3 South, Range 79 West of the 6th P.M. 4. Source: North Fork Brush Creek. 5. Appropriation date: May 15, 1884. 6. Amount: 1.35 cfs. 7. Decreed use: Irrigation. B. Historical use: The Emmets Brush Creek No. 2 Ditch has historically been used in conjunction with the Emmets Brush Creek No. 1 Ditch to irrigate approximately 35 acres of the irrigated area described on Exhibit A. Diversion records are summarized in Exhibit C. C. Proposed change: Applicants request the Court to correct the decree to correspond to the actual, historical point of diversion, which is located at a point on the right bank of North Brush Creek in the NW1/4 of Section 11, Township 3 South, Range 79 West of the 6th P.M., whence the west quarter corner of Section 11 bears S59°30'W 815.0 feet. In addition, because this water right has historically been operated in conjunction with the Emmets Brush Creek No. 1

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Ditch at common points of diversion, applicants request approval of an alternate point of diversion for the Emmets Brush Creek No. 2 Ditch water right at the headgate of the Emmets Brush Creek No. 1 Ditch described in paragraph III.C., above. IV. Change of Water Right (Vie Ditch Water Right): A. Description of water rights sought to be changed B Vie Ditch Priority No. 118 : 1. Name: Vie Ditch. 2. Original decree: March 2, 1910, Case No. 1277, Summit County District Court. 3. Decreed point of diversion: On the left bank of North Fork Brush Creek in the NW1/4 SE1/4 of Section 10, Township 3 South, Range 79 West of the 6th P.M. 4. Source: North Fork Brush Creek. 5. Appropriation date: August 31, 1899. 6. Amount: 0.85 cfs. 7. Decreed use: Irrigation. B. Description of water rights sought to be changed B Vie Ditch Priority No. 304 : 1. Name: Vie Ditch. 2. Original decree: March 10, 1952, Case No. 1805, Summit County District Court. 3. Decreed point of diversion: On the left bank of North Fork Brush Creek at a point whence the east quarter corner of Section 10, Township 3 South, Range 79 West of the 6th P.M. bears N80°E 1,860 feet. 4. Source: North Fork Brush Creek. 5. Appropriation date: December 31, 1905. 6. Amount: 8.72 cfs. 7. Decreed use: Irrigation. C. Historical use: The Vie Ditch has historically been used in conjunction with the Emmett Ditch No. 3 to irrigate approximately 32 acres of the irrigated area described on Exhibit A. Water diverted at the Vie Ditch has historically been collected and reapplied by other, downstream ditches in the irrigation of lands described on Exhibit A. Diversion records are summarized in Exhibit D. D. Proposed change: The actual, historical point of diversion for the Vie Ditch, as confirmed by survey, is in the NW1/4 SE1/4 of Section 10, Township 3 South, Range 79 West of the 6th P.M. at a point whence the center of Section 10 bears N64°08'09"W 840.22 feet and whence the east quarter corner of Section 10 bears N78°41'25"E 1,913.19 feet. Applicants request a decree confirming that the Vie Ditch Priority No. 118 and the Vie Ditch Priority No. 304 water rights divert from the common headgate described above. Applicants also request approval of an alternate point of diversion at the F.W. Sperry and F.W. Sperry Enlargement Ditches located on the left bank of North Fork Brush Creek at a point whence the west quarter corner of Section 11, Township 3 South, Range 79 West of the 6th P.M. bears S50°01'42"W 972.38 feet. V. Change of Water Right (Emmett Ditch No. 3) A. Description of water right sought to be changed: 1. Name: Emmett Ditch No. 3. 2. Original decree: October 20, 1936, Case No. 1709, Summit County District Court. 3. Decreed point of diversion: On the north bank of North Fork Brush Creek at a point whence the west quarter corner of Section 11, Township 3 South, Range 79 West of the 6th P.M. bears N80°10'E 1,925 feet. 4. Source: North Fork Brush Creek. 5. Appropriation date: June 30, 1905. 6. Amount: 3.66 cfs. 7. Decreed use: Irrigation. B. Historical use: The Emmett Ditch No. 3 has historically been used in conjunction with the Vie Ditch to irrigate approximately 32 acres of the historically irrigated area described on Exhibit A. Water diverted at the Emmett Ditch No. 3 has historically been collected and reapplied by other, downstream ditches in the irrigation of lands described on Exhibit A. Diversion records are summarized in Exhibit E. C. Proposed change: The Emmett Ditch No. 3 has historically been diverted at a common point of diversion with the Vie Ditch described in part IV of the application above. Applicants request the Court to confirm that the actual, historical point of diversion is the same as that of the Vie Ditch, which has been established by survey to be located at the point described in paragraph IV.D., above. Applicants also request approval of an alternate point of diversion at the common headgate of the F.W. Sperry and F.W. Sperry Enlargement Ditches described in paragraph IV.D. above. VI. Change of Water Right (Lost Lake Ditch): A. Description of water right sought to be changed: 1. Name: Lost Lake Ditch. 2. Original decree: July 5, 1916, unnumbered civil action, Summit County District Court. 3. Decreed point of diversion: On the north bank of Brush Creek at a point whence the northeast corner of Section 10, Township 3 South, Range 79 West of the 6th P.M. bears N44°45'E 7,511 feet. 4. Source: North Fork Brush Creek. 5. Appropriation date: June 9, 1915. 6. Amount: 4.0 cfs. 7. Decreed use: Irrigation. B. Historical use: The Lost Lake Ditch was originally decreed for irrigation of up to 80 acres of the irrigated area described on Exhibit A. The area directly irrigated under the ditch is about 18.1 acres. Water available under the Lost Lake Ditch has also been delivered to lower ditches, including the Vie, Emmett No. 3, Sperry and Sperry Enlargement Ditches serving an additional 60 acres. Diversion records are summarized on Exhibit F. C. Proposed change: Maintenance of the historical point of diversion of the Lost Lake Ditch is difficult because it is located on the national forest in a remote area that requires access through wilderness area. To address that difficulty and to conform the decree to historical practice, applicants request the Court to approve a change in point of diversion and place of use so that the 4.0 cfs under Lost Lake Ditch Priority No. 205 may be diverted at the following alternate points of diversion: 1. The common headgate of the Vie Ditch and Emmett Ditch No. 3 described in paragraph V.D. above. 2. The common headgate of the Sarah Ditch and the Emmet’s Brush Creek No. 1 Ditch Enlargement, which is located on the south bank of North Fork Brush Creek at a point whence the west quarter corner of Section 11, Township 3 South, Range 79 West of the 6th P.M. bears N52°13'E 8,935 feet. Water diverted at this point of diversion would be used at the locations and in the manner described in part VII of this application. D. Protective conditions: Pursuant to an AAgreement Governing the Use of Water Rights and Related Easements between applicants and Blue River Ranch LLC in December 2005, applicants shall not divert their Lost Lake Ditch water rights through the Sarah Ditch from North Brush Creek to South Brush Creek if the F.W. Sperry Enlargement Ditch Priority No. 263 out of North Brush Creek does not have sufficient water available to meet its adjudicated priority. In addition, under that agreement the priorities of the Lost Lake Ditch and the Sarah Ditch are to be administered as equal in priority, with the first 6.0 cfs available under that priority to be divided equally between the Lost Lake Ditch and the Sarah Ditch. VII. Change of Water Right (Emmet’s Brush Creek No. 1 Enlargement Ditch). A. Description of water right to be changed: 1. Name:

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Emmet=s Brush Creek No. 1 Enlargement Ditch. 2. Original decree: March 10, 1952, Case No. 1805, Summit County District Court. 3. Decreed point of diversion: On the right bank of North Fork Brush Creek at a point whence the east quarter corner of Section 10, Township 3 South, Range 79 West of the 6th P.M. bears N52°13'E 8,935 feet. 4. Source: North Fork Brush Creek. 5. Appropriation date: July 3, 1912. 6. Amount: 10.0 cfs. 7. Decreed use: Irrigation. B. Historical use: The Emmet’s Brush Creek No. 1 Enlargement Ditch diverts water from a tributary of the North Fork of Brush Creek at the decreed point of diversion (common headgate with the Sarah Ditch) and carries that water a short distance to the channel of South Brush Creek in the NE1/4 SE1/4 of Section 16, Township 3 South, Range 79 West of the 6th P.M., from which point water is conveyed in the channel of South Brush Creek and re-diverted at a point on the left bank of a west branch of South Brush Creek in the SE1/4 of Section 10, Township 3 South, Range 79 West of the 6th P.M. whence the southeast corner of Section 10 bears S50°30'E 1,950 feet. The ditches are used to irrigate approximately 19 acres of land lying between South Brush Creek and North Brush Creek generally in the W1/2 of Section 10, the E1/2 of Section 11, and the N1/2 of Section 15, Township 3 South, Range 79 West of the 6th P.M. The decree describes the water right as an enlargement of the Emmet’s Brush Creek No. 1 Ditch, which diverts from North Fork Brush Creek near the section line between Sections 10 and 11. Both ditches deliver irrigation water to some of the same lands, but they divert at different points of diversion. Combined diversion records for both ditches are summarized in Exhibit B. C. Proposed change: Applicants request the Court to modify the decree to confirm that water diverted at the decreed point of diversion is carried to the channel of South Brush Creek from which it is re-diverted at the point described in paragraph VII.B. above. Applicants also request the Court to confirm the place of use as described in paragraph VII.B. above. VIII. Remarks: The purpose of this application is to conform the decree to actual, historical points of diversion and places of use. No new diversion or storage structures or modification of existing structures are required by this application. To the extent any of the decrees describe the course of a ditch or a place of use that is different from the irrigated area described in this application and in Exhibit A, applicants also request the Court to approve a change in the decreed place of use. Applicants do not intend to bring any new land into irrigation as a result of this application and, therefore, no injury will result to the vested or decreed conditional water rights of others. 18 pages, including exhibits. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 31. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW268 Mesa County, Beaver Creek: Application for Finding of Reasonable Diligence, Powderhorn Recreation & Development Co., LLC, c/o Caloia, Houpt & Hamilton, P.C., 1204 Grand Avenue, Glenwood Springs. Little Beaver Pipeline No. 1. Decreed 12/17/86, 86CW015. Location: SE1/4 SW1/4, Sec 19, T11S, R96W, 6th PM., 620 ft from S Sec line, 1,620 ft from W Sec line of Sec 19. Source: Little Beaver Creek, trib to Mesa Creek, Plateau Creek and Colorado River. Approp date: 1/23/86. Amt: 0.5 cfs, cond. Little Beaver Pipeline No. 2. Decreed 12/17/86, 86CW015. Location: SW1/4 SE1/4 of Sec 19, T11S, R96W, 6th PM, 200 ft from S Sec line, 2,520 ft from E Sec line Sec 19. Source: Little Beaver Creek, trib to Mesa Creek, Plateau Creek and Colorado River. Approp date: 1/23/86. Amt: 1.0 cfs, cond. Little Beaver Pipeline No. 3. Decreed 12/17/86, 86CW015. Location: SW1/4 SE1/4 of Sec 19, T11S, R96W, 6th PM, 250 ft from S Sec line, 1,750 ft from E Sec line of Sec 19. Source: Little Beaver Creek, trib to Mesa Creek, Plateau Creek and Colorado River. Approp date: 1/23/86. Amt: 0.5 c.f.s., cond. West Branch Pipeline. Decreed: 12/17/86, 86CW015. Location: SE1/4 SE1/4 of Sec 19, T11S, R96W, 6th PM, 150 ft from S Sec line, 300 ft from E Sec line of Sec 19. Source: Big Beaver Creek, trib to Mesa Creek, Plateau Creek and Colorado River. Approp date: 1/23/86. Amt: 1.0 cfs, cond. Confluence Pipeline. Decreed 12/17/86, 86CW015. Location: NW1/4 SW1/4 of Sec 20, T11S, R96W, 6th PM, 1,900 ft from S Sec line, 450 ft from W Sec line of Sec 20. Source: Big Beaver Creek, trib to Mesa Creek, Plateau Creek, and Colorado River. Approp date: 1/23/86. Amt: 1.0 cfs, cond. Middle Branch Pipeline. Decreed 12/17/86, 86CW015. Location: SW1/4 SW1/4 of Sec 20, T11S, R96W, 6th PM, 200 ft from S Sec line, 900 ft from W Sec line of Sec 20. Source: Big Beaver Creek, trib to Mesa Creek, Plateau Creek and Colorado River. Approp date: 1/23/86. Amt: 0.91 cfs, cond, 0.09 cfs, absol. Spruce Point Pipeline. Decreed 12/17/86, 86CW015. Location: NE1/4 NW1/4 of Sec 27, T11S, R96W, 6th PM, 850 ft from N Sec line, 1,800 ft from W Sec line of Sec 27. Source: Mesa Creek, trib to Plateau Creek and Colorado River. Approp date: 10/9/84. Amt: 3.0 cfs, cond. Beaver Reservoir. Decreed 12/17/86, 86CW015. Location: SE1/4 NE1/4 of Sec 19, T11S, R96W, 6th PM, 1,400 ft from N Sec line, 1,220 ft from E Sec line of Sec 19. Source: NW1/4 of the SW1/4 of Sec 20, T11S, R96W, 6th PM, 1,900 ft from S line, 450 ft from the W line of Sec 20. Approp date: 1/30/86. Amt: 30 af, cond, including the right to fill and refill in priority, and 1.0 cfs, cond, for filling reservoir from the Confluence Pipeline. [8 pages]

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YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 32. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW269 GRAND COUNTY, FRASER RIVER, TRIBUTARY TO THE COLORADO RIVER, Winter Park Water & Sanitation District, c/o Stanley W. Cazier, P.O. Box 500, Granby, Colorado. APPLICATION FOR WATER RIGHTS (SURFACE). Name of Structures: Winter Park Water & Sanitation District Pipelines 2 and 3. Source: Fraser River. Location: Pipeline No. 2 - Located on the west bank of the Fraser River, near the Moffat Tunnel and just south of the train trestle, in the SE1/4NE1/4 unsurveyed Section 10, Township 2 South, Range 75 West, 6th P.m. at a point approximately 7,880 feet south of the south section line of S34 T1S R75W of the 6th P.M., and approximately 3,890 ft east of a line extended south from the west section line of S34 T1S R75W of the 6th P.M. Pipeline No. 3 - Located on the west bank of the Fraser River, just upstream of Cooper Creek, in the SE1/4SW1/4, Unsurveyed Section 3, Township 2 South, Range 75 W, 6th P.M. at a point approximately 4,530 feet south of the south section line of S34 T1S R75W of the 6th P.M., and 1,890 ft east of a line extended south from the west section line of S34 T1S R75W of the 6th P.M. Type of Use: All municipal uses including irrigation, industrial, recreational, snow making, domestic, commercial, augmentation and exchange. Type of Structure: Pipeline. Quantity: 2.25 cfs maximum divertable cumulatively at either or both pipelines. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 33. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW270 GROUNDHOG GULCH, BUZZARD CREEK, PLATEAU CREEK, COLORADO RIVER. O’Dell Land and Livestock, LLC, Attn: Steven F. O’Dell, Member, 2084 S. Broadway, Grand Junction, CO 81503, 970-243-9340, with copies to Mark A. Hermundstad, Williams, Turner & Holmes, P.C., PO Box 338, Grand Junction, CO 81502, 970-242-6262. Structures: John Deere Spring & House Spring; Legal: John Deere Spring: A point approx. 950 ft S of the N section line & 200 ft E of the W section line, Sec. 28, T. 9 S., R. 93 W, 6th P.M. (GPS location in UTM Format: Northing: 4348505, Easting: 259856, Zone 13S, NAD 83, Units in Meters); House Spring: A point approx. 2,250 ft S of the N section line & 2,300 ft E of the W section line of Sec. 29, T. 9 S., R. 93 W., 6th P.M. (GPS location in UTM Format: Northing: 4348146, Easting: 258884, Zone 13S, NAD 83, Units in Meters); Sources: John Deere Spring is tributary to an unnamed draw, tributary to Groundhog Gulch, tributary to Buzzard Creek, tributary to Plateau Creek, tributary to the Colorado River; House Spring is tributary to an unnamed draw, tributary to Groundhog Gulch, tributary to Buzzard Creek, tributary to Plateau Creek, tributary to the Colorado River; Appropriation: April 15, 2003, for both Springs; Amounts: John Deere Spring: 90 g.p.m. (0.201 c.f.s.) g.p.m., absolute, House Spring: 3 g.p.m. (0.007 c.f.s.) g.p.m., absolute; Uses: John Deere Spring - irrigation, stockwatering, & wildlife watering. Land irrigated is approx, 8 acres, generally located in the NE1/4 NE1/4, Sec. 29, T. 9 S., R. 93 W., 6th P.M; House Spring - domestic, stockwatering, & wildlife watering; Name and address of owner: Applicant. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 34. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005.

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05CW271 Eagle County - Tepe Creek and Stifel Creek, tributary to the Colorado River; Muddy Creek and its tributaries. Application for Storage Water Rights and Approval of Plan for Augmentation. Patrick and Patricia McConathy c/o Scott Balcomb and Anne Marie McPhee, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602. First Claim. Storage Water Right. Name of Reservoir: Yarmony Lodge Pond A. Legal description: The pond is located in the SE 1/4 NE 1/4 of Sec. 4, T. 2 S., R. 84 W. of the 6th P.M. The center of the dam at the pump station outlet is located1982 ft. from the N. Sec. line and 1037 ft. from the E. Sec. Line. Name and capacity of ditch used to fill reservoir: Tepe Ditch, 5.0 c.f.s. The point of diversion for the Tepe Ditch is located on the Northeasterly bank of Tepe Creek, in the SE 1/4 SW 1/4 of Sec. 29, T. 1 S., R. 84 W. of the 6th P.M. Source: Tepe Creek and Stifel Creek, tributary to the Colorado River. Date of appropriation: 09/01/2004. How appropriation was initiated: By construction and filling of pond and application of water to beneficial use. Date water applied to beneficial use: 05/01/2005. Amt. claimed: 6.55 a.f. absolute. Use: Irrigation, recreation, aesthetic and piscatorial. Number of acres historically irrigated and to be irrigated: 60 acres, irrigated by a combination of Yarmony Lodge Ponds A, B and C located in the S 1/2 NE 1/4, N 1/2 SE 1/4 and S 1/2 SE 1/4 of Sec. 4, T. 2 S., R. 84 W of the 6th P.M. Surface area of high water line: 0.90 acre. Total capacity of reservoir in a.f.: 6.55 a.f. Second Claim. Storage Water Right. Name of Reservoir: Yarmony Lodge Pond B. Legal description: The pond is located in the SW 1/4 NE 1/4 of Sec. 4, T. 2 S., R. 84 W. of the 6th P.M. The center of the dam at the outlet is located 2988 ft. from the N. Sec. line and 1549 ft. from the E. Sec. Line. Name and capacity of ditch used to fill reservoir: Tepe Ditch, 5.0 c.f.s. Source: Yarmony Lodge Pond B is filled by tributary surface flow from springs and local runoff and overflow from Yarmony Lodge Pond B, Tepe Creek and Stifel Creek, tributary to the Colorado River. Date of appropriation: 09/01/2004. How appropriation was initiated: By construction and filling of pond and application of water to beneficial use. Date water applied to beneficial use: 05/01/2005. Amt. claimed: 1.78 a.f. absolute. Rate of diversion in c.f.s. for filling the reservoir: 1.5 cfs. Use: Irrigation, recreation, aesthetic and piscatorial. Number of acres historically irrigated and to be irrigated: 60 acres, irrigated by a combination of Yarmony Lodge Ponds A, B and C located in the S 1/2 NE 1/4, N 1/2 SE 1/4 and S 1/2 SE 1/4 of Sec. 4, T. 2 S., R. 84 W of the 6th P.M. Surface area of high water line: 0.43 acre. Total capacity of reservoir in a.f.: 1.78 a.f. Third Claim. Storage Water Right. Name of Reservoir: Yarmony Lodge Pond C. Legal description: The pond is located in the SE 1/4 SE 1/4 of Sec. 4, T. 2 S., R. 84 W. of the 6th P.M. The center of the dam at the pump station outlet is located 293 ft. from the S. Sec. line and 758 ft. from the E. Sec. Line. Name and capacity of ditch used to fill reservoir: Tepe Ditch, 5.0 cfs. Source: Yarmony Lodge Pond C is filled by tributary surface flow from local runoff and overflow from Yarmony Lodge Ponds A and B, Tepe Creek and Stifel Creek, tributary to the Colorado River. Date of appropriation: 04/08/2004. How appropriation was initiated: By field investigation of reservoir and application of water to beneficial use. Date water applied to beneficial use: 04/08/2004. Amt. claimed: 3.01 a.f. absolute. Rate of diversion for filling the reservoir: 1.5 cfs. Use: Irrigation, recreation, aesthetic and piscatorial. Number of acres historically irrigated and to be irrigated: 60 acres, irrigated by a combination of Yarmony Lodge Ponds A, B and C located in the S 1/2 NE 1/4, N 1/2 SE 1/4 and S 1/2 SE 1/4 of Sec. 4, T. 2 S., R. 84 W of the 6th P.M. Surface area of high water line: 0.35 acre. Total capacity of reservoir in a.f.: 3.01 a.f. Fourth Claim. Plan for Augmentation. Names of Structures to be augmented: Yarmony Lodge Pond A, Yarmony Lodge Pond B, Yarmony Lodge Pond C. Are there other water rights diverted from this structures? No. Previous decrees for water rights to be used for augmentation: Wolford Mountain Reservoir. The Colorado River Water Conservation District (“The River District”) owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights. Case No. 87CW283: Decree Date: 11/20/1989, Dist. Ct., Water Div. No. 5. Type of Water Right: Storage. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54 degrees 54'20" E. a distance of 3,716.46 ft. from the NW Corner of said Sec. 25. Source: Muddy Creek and its tributaries. Amt.: 59,993 a.f. conditional; of this amount, 32,986 a.f. were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount was made absolute for all purposes by decree entered in Water Court Case No. 02CW107. Appropriation Date: 12/14/1987. Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. Case No. 95CW281: Decree Date: 08/26/1997, Dist. Ct., Water Div. No. 5, Type of Water Right: Storage. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M. Source: Muddy Creek and its tributaries. Amt.: 6,000 a.f. conditional. Appropriation Date: 01/16/1995. Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Div. No. 5.Case No. 98CW237: Decree Date: 07/06/2000, Dist. Ct., Water Div. No. 5. Type of Water Right: Storage. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries. Amt.: 30,000 a.f. conditional with 15,895 AF being absolute for recreational and piscatorial and flood control. Appropriation Date: 11/17/1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, Dist. Ct. for Colorado Water Div. No. 5 (11/20/1989 Judgment and Decree), and Case No. 95CW281, Dist. Ct. for Colorado Water Div. No. 5 (08/26/1997 Judgment and Decree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap

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Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases. Ruedi Reservoir. The River District holds Contracts No. 009D60C111 and 009D6C0118 from the United States Bureau of Reclamation for 1,200 a.f. of annual supply from Ruedi Reservoir. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. The decree descriptions of Ruedi Reservoir’s water rights follow. Ruedi Reservoir was decreed in the Garfield Cty. Dist. Ct. in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses, with an appropriation date of 07/29/1957. By subsequent order of the Water Court entered in Case No. W-789-76, the decreed amount of this reservoir has been fixed at 102,369 a.f. Ruedi Reservoir is located in Secs. 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties, and derives its water supply from the Fryingpan River. By decree of the Water Court in Case No. 81CW34 Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF conditional. In Water Court Case No. 95CW95, 44,509 AF was made absolute. Statement of plan for augmentation. Applicants seek to replace out-of-priority evaporative depletions associated with Yarmony Lodge Ponds A, B and C. The annual amount of pond evaporation, calculated in accordance with the State Engineer Office’s general criteria is 2.581 a.f. for Yarmony Lodge Pond A, 1.233 a.f. for Yarmony Lodge Pond B and 1.004 a.f. for Yarmony Lodge Pond C. The total amount of evaporation from the three ponds is 4.818 a.f. Tables 1 through 3, attached to the application on file with the court, detail the monthly distribution of evaporation from the three ponds. Applicants anticipate the Yarmony Lodge Ponds will evaporate water from March through October. Applicants intend to replace out-of-priority depletions from evaporation by releases from Wolford Mountain Reservoir and/or Ruedi Reservoir, pursuant to a contract with the CRWCD. Applicants have filed an application with the CRWCD for a total of 5.3 a.f. of Wolford Mountain Reservoir and/or Ruedi Reservoir releases. There are no intervening water rights between the Yarmony Lodge Ponds and the Colorado River. Releases from Wolford Mountain Reservoir are to the Colorado River while releases from Ruedi Reservoir are to the Fryingpan River, tributary to the Roaring Fork River and Colorado River. An additional ten percent has been added to the Wolford Mountain and Ruedi Reservoir release schedule to account for transit losses. See Table 4, attached to the application on file with the court, for a year-round release schedule of augmentation water. Implementation of this plan for augmentation will prevent any injury to all senior water rights which otherwise could result from out-of-priority depletions from the subject water rights. Exchange Appropriation. Applicants request confirmation of an appropriative right of exchange when augmentation water is released from Ruedi Reservoir as follows: The downstream terminus of the exchange, which will operate if exchange water is released from Ruedi Reservoir, is at the confluence of the Colorado River and the Roaring Fork River with the upstream terminus at the Yarmony Lodge Pond A, described in paragraphs 2 through 14 of the Application. Maximum Rate of Exchange: 0.015 c.f.s.; maximum volume of 5.3 a.f. annually. Appropriation date: 12/29/2005. How appropriation was initiated: By formation of intent to appropriate and operate water rights utilizing an exchange and application for a CRWCD contract. Names and address of owners of the land on which structures 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: Applicants. (10 pages + exhibits). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 35. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW272 Garfield County - Unnamed springs tributary to Colorado River. Application for Surface Water Rights. Gary and Gloria Martin, Robert Holl c/o Scott Balcomb and Anne Marie McPhee, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Martin-Holl Spring. Legal description: The spring is located in Sec. 6, T. 7 S., R. 94 W. of the

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6th P.M. at a point 650 ft. S. of the N. sec. line and 2075 ft. E. of the W. sec. line of said Sec. 6. Date of initiation of appropriation: 09/15/2005. How appropriation was initiated: Field observation, entering into contract for sale and purchase of property where spring will be used and formation of intent to appropriate water. Date water applied to beneficial use: N/A. Amount claimed: 50 g.p.m., cond. Use or proposed use: Supplemental domestic, irrigation and hydropower generation. Number of acres proposed to be irrigated: 8 acres located in the SE1/4 of the SW1/4 of Sec. 31, T. 6 S., R. 94 W. of the 6th P.M. Names and addresses of owners of the land 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. The spring is located on land owned by John Farris, 6208 County Road 309, Parachute, CO 81635. Water from the spring will be used on land owned or to be owned by Applicants. Remarks: The Martin-Holl Spring runs through an unnamed draw on Applicants’ land. Water from the Martin-Holl Spring then seeps back into the ground before it reaches the downstream end of Applicants’ property. (3 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 36. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW273 Pitkin County, Application for Plan for Augmentation and Exchange, of Owl Creek Meadows, LLC, c/o Kristin Howse Moseley, 929 Pearl Street, Suite 300, Boulder, Colorado, 80302. 1. Name, Address and Telephone Number of Applicant: Owl Creek Meadows, LLC, P.O. Box 7877, Aspen, Colorado 81612. 2. Description of Water Rights to be Augmented: The following water rights were decreed by the District Court in and for Water Division No. 5 (the “Water Court”) in Case No. 91CW243: (a)(i) Name of Structure: Mitchell Pond No. 1 Second Enlargement. (a)(ii) Decreed location: NE ¼ NW ¼ of Section 4, T. 10 S., R. 85 W., 6th P.M., at a point 425 feet South of the North line and 3,170 feet West of the East line of said Section 4. (a)(iii) Source: Spring and Owl Creeks, tributary to the Roaring Fork River. (a)(iv) Appropriation date: April 1, 1991. (a)(v) Amount: 6 acre feet, conditional. (a)(vi) Use: Domestic, commercial, livestock, irrigation, recreation and all other beneficial uses. (b)(i) Name of Structure: Owl Creek Ranch – South Ponds No. 1 through No. 8. (b)(ii) Decreed location: SW ¼ of Section 4, the S ½ of Section 5, and the N ½ of Section 8, T. 10 S., R. 85 W., 6th P.M. (b)(iii) Source: Spring and Owl Creeks, and groundwater from the Owl Creek Ranch – South Wells No. 1 through No. 5, all tributary to the Roaring Fork River. (b)(iv) Appropriation date: November 26, 1991. (b)(v) Amount: 2 acre feet each, conditional. (b)(vi) Use: Domestic, commercial, livestock, irrigation, recreation and fire fighting uses. (c)(i) Name of Structure: Owl Creek Ranch – South Augmentation Ponds No. 1 and No. 2. (c)(ii) Decreed location: SW ¼ of Section 4, S ½ of Section 5, and the N ½ of Section 8, T. 10 S., R. 85 W., 6th P.M. (c)(iii) Source: Spring and Owl Creeks, tributary to the Roaring Fork River. (c)(iv) Appropriation date: November 26, 1991. (c)(v) Amount: 6 acre feet each, conditional. (c)(vi) Use: Domestic, commercial, livestock, irrigation, recreation and all fire fighting purposes. (d)(i) Name of Structure: Owl Creek Ranch – South Pump and Pipeline.(d)(ii) Decreed location: The point of diversion is located in the NE ¼ SE ¼ of Section 5, T. 10 S., R. 85 W., 6th P.M. at a point whence the East ¼ corner of said Section 5 bears N. 70 º E., 3,250 feet. (d)(iii) Source: Spring Creek, tributary to the Roaring Fork River. (d)(iv) Appropriation date: November 26, 1991. (d)(v) Amount: 0.5 cfs, conditional. (d)(vi) Use: Domestic, commercial, livestock, irrigation, recreation, filling of the Owl Creek Ranch – South Ponds, and fire fighting purposes. (e) (i) Name of Structure: Owl Creek Ranch – South Well No. 1. (e)(ii) Decreed location: 2600 feet North of the South section line, and 2250 feet West of the East section line of Section 5, T. 10 S., R. 85 W., 6th P.M. (e)(iii) Source: Groundwater tributary to the Roaring Fork River. (e)(iv) Appropriation date: March 5, 1991. (e)(v) Amount: 35 gpm (0.078 cfs), conditional. (e)(vi) Use: Domestic, commercial, livestock, irrigation, recreation, filling of the Owl Creek Ranch – South Ponds, and fire fighting purposes. (f)(i) Name of Structure: Owl Creek Ranch – South Well No. 2. (f)(ii) Decreed location: 2200 feet North of the South section line, and 4900 feet West of the East section line of Section 4, T. 10 S., R. 85 W., 6th P.M. (f)(iii) Source: Groundwater tributary to the Roaring Fork River. (f)(iv) Appropriation date: March 15, 1991. (f)(v) Amount: 60 gpm (0.134 cfs), conditional. (f)(vi) Use: Domestic, commercial, livestock, irrigation, recreation, filling of the Owl Creek Ranch – South Ponds, and fire fighting purposes. (g)(i) Name of Structure: Owl Creek Ranch – South Well Nos. 3, 4 and 5. (g)(ii) Decreed location: SW ¼ of Section 4, the S ½ of Section 5, and the N ½ of Section 8, T. 10 S., R. 85 W., 6th P.M. (g)(iii) Source: Groundwater tributary to the Roaring Fork River. (g)(iv) Appropriation date: March 5, 1991. (g)(v) Amount: 30 gpm each, conditional (0.067 cfs each). (g)(vi) Use: Domestic, commercial, livestock, irrigation, recreation, filling of the Owl Creek Ranch – South Ponds, and fire fighting purposes. 3. Previous Augmentation Plan: A previous augmentation plan was decreed for the above referenced water rights by the Water Court in Case No. 91CW243. By this application, Applicant does not seek to modify the augmentation plan decreed in Case No. 91CW243. Rather, Applicant seeks to add its 21 acre feet interest in Ruedi Reservoir as an additional augmentation source to supply the augmented structures utilizing an appropriative right of exchange. Additionally,

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Applicant seeks to include alternative irrigated acreage located on Applicant’s property that has historically been irrigated by the Willow & Owl and Wenger Ditches, as acreage that may be removed from irrigation in order to commit water to the Owl Creek/Roaring Fork basin. However, Applicant does not seek to expand the total amount of acres that may be dried up pursuant to the terms of the augmentation plan decreed in Case No. 91CW243, which is a maximum of 10 acres of dry up. 4. Alternative Irrigated Acreage that May be Removed from Irrigation and the Water Rights to be Used by Exchange: (a) Alternative Acreage that may be Removed from Irrigation: The previous augmentation plan decreed in Case No. 91CW243, granted Applicant’s predecessor in interest the right to augment out-of-priority depletions by foregoing diversions of and committing to the Owl Creek/Roaring Fork River basin a corresponding amount of diversions under the water rights decreed to the Wenger Ditch and the Willow and Owl Ditch instead of, or together with, releasing storage water. The Water Court made a specific finding in the decree in Case No. 91CW243 regarding the location of the land that was historically irrigated by the Wenger and Willow & Owl Ditches, which consists of portions of the NE ¼ SW ¼ and SE ¼ of Section 5, and the SW ¼ of Section 4, T. 10 S., R. 85 W., 6th P.M. Case No. 91CW243 further identified a subset of the historically irrigated acreage as eligible for dry-up, which is consists of portions of NE ¼ SW ¼ and SE ¼ of Section 5, T. 10 S., R. 85 W., 6th P.M. Applicant seeks to identify all of the historically irrigated property as acreage that is eligible for dry-up. Consistent with the previously decreed augmentation plan, Applicant proposes to limit the total number of acres to be dried up under the subject plan for augmentation to a maximum of ten (10) acres. (b) Water Rights to be Used by Exchange: Applicant is the holder of Long Term Ruedi Reservoir Round II Water Repayment Contract No. 009E6C0147, dated December 27, 2000 from the United States Bureau of Reclamation for 21 acre feet of annual supply from Ruedi Reservoir (the “Ruedi Reservoir Contract”). In addition to those sources of augmentation water decreed in Case No. 91CW243, including Mitchell Pond No. 1 Second Enlargement, Owl Creek Ranch – South Augmentation Ponds No. 1 and No. 2, Wenger Ditch, and Willow and Owl Ditch, Applicant proposes to use water stored in Ruedi Reservoir to augment the Augmented Water Rights described in paragraph 2 above. Ruedi Reservoir consists of the following water rights: (i) In Case No. CA 4613, the following rights were decreed: (A) Legal Description of place of storage: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. (B) Source: Fryingpan River. (C) Amount: By order entered in Case No. W-789-76, the decreed amount of the reservoir was fixed at 102,369 acre feet. (D) Appropriation Date: July 29, 1957. (E) Use: domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses. (ii) In Case No. 88CW85, the full amount was made absolute. (iii) In Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre feet conditional. In Case No. 95CW95, 44,509 acre feet was made absolute. In Case No. 01CW269, an additional 25,257 acre feet was made absolute, for a total of 69,766 acre feet absolute. 5. Description of the Plan for Exchange: Applicant seeks approval of a plan to augment by exchange out-of-priority depletions from the structures described in paragraph 2 above, for use within the plan for augmentation decreed in Case No. 91CW243. To permit such out-of-priority depletions, Applicant proposes to commit to the Roaring Fork/Colorado River system an equal amount of the Ruedi Reservoir rights described in paragraph 4 above. The claimed maximum rate of exchange is 0.50 cfs and the maximum amount to be augmented by exchange on an annual basis is 20 acre feet. Applicant seeks a December 29, 2005 priority date in connection with the subject plan for exchange, which is the filing date of this application. The downstream terminus of the exchange is the confluence of the Fryingpan River and the Roaring Fork River. The upstream terminus of the exchange is Spring Creek at the point it first enters the Applicant’s property. The exchange reaches are more specifically described as follows: a. Roaring Fork River Segment: From the confluence of the Roaring Fork River and the Frying Pan River in the SW ¼ SE ¼, Section 7, T. 8 S., R. 86 W., 6th P.M. upstream to the confluence with Owl Creek in the SE ¼ SW ¼, Section 27, T. 9 S., R. 85 W., 6th PM. b. Owl Creek Segment: From the confluence of Owl Creek and the Roaring Fork River in the SE ¼ SW ¼, Section 27, T. 9 S., R. 85 W., 6th PM upstream to the confluence with Spring Creek in the NW ¼ NE ¼, Section 4, T. 10 S., R. 85 W., 6th PM. c.Spring Creek Segment: From the confluence of Spring Creek and Owl Creek in the NW ¼ NE ¼, Section 4, T. 10 S., R85W, 6th PM upstream to the point where Spring Creek enters the Applicant’s property in the NE ¼ NW ¼, Section 8, T. 10 S., R. 85 W., 6th PM, 1320 feet from the North Section line and 1400 feet from the West Section line of said Section 8. 6. Remarks: (a) Conditions: (i) Measurement Devices: To assure the operation of the augmentation and exchange plan, Applicant will install and maintain such water measuring devices and implement such accounting procedures as may be required to verify that the amount of augmentation and exchange water equals the amount of out-of-priority diversions and evaporative depletions from storage. (ii) Previous Augmentation Plan: Applicant shall be subject to all of the relevant terms and conditions contained in the augmentation plan decreed in Case No. 91CW243. (iii) Operation of Exchange: The exchange described in paragraph 5 above shall only operate in priority and at times when all decreed instream flows located within the pertinent exchange stream reaches are being met. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

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37. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW274 MESA COUNTY-LITTLE BEAVER CREEK, TRIBUTARY TO MESA CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO THE COLORADO RIVER. Margaret E. Foster Family Partnership, LLP c/o Timothy E. Foster; 301 E. Dakota Dr.; Grand Junction, CO 81503 (970)245-0583. Picket Springs No. 1 through No. 4-Application for Water Rights (Surface). Location: Picket Spring No. 1- NE¼SE¼ of Sec. 25, T.11S, R.97W. of the 6th P.M. 250 ft. west of the east sec. line and 1,400 ft. north of the south sec. line. Amount: 0.1 cfs, conditional. Picket Spring No. 2- SE¼SE¼ of Sec. 25, T.11S, R.97W. of the 6th P.M. 450 ft. west of the east sec. line and 1,250 ft. north of the south sec. line. Amount: 0.1 cfs, conditional. Picket Spring No. 3- NE¼SE¼ of Sec. 25, T.11S, R.97W. of the 6th P.M. 550 ft. west of the east sec. line and 1,450 ft. north of the south sec. line. Amount: 0.1 cfs, conditional. Picket Spring No. 4- SE¼SE¼ of Sec. 25, T.11S, R.97W. of the 6th P.M. 500 ft. west of the east sec. line and 400 ft. north of the south sec. line. Amount: 0.001 cfs, conditional. Appropriation and Uses for all structures: Aug. 29, 2003; domestic, livestock, irrigation, firefighting, augmentation and exchange. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 38. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 5CW275 Mesa County, unnamed drain of the Grand Junction Drainage District, tributary to the Colorado River. Applicant: Lammot duPont, 1963 River Ranch Rd., Fruita, Colorado 81521, (970) 858-3318. Attorneys for Applicant: Gregory K. Hoskin and Andrew H. Teske, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 242-4903. Direct all pleadings to Applicant’s attorneys. Name of structure: River Ranch Pond No. 1. Type of application: Application for Water Storage and Refill Right. Source: Unnamed drain of the Grand Junction Drainage District, tributary to the Colorado River. Location: The center point of River Ranch Pond No. 1 is located in the SW¼NE¼ Section 27, Township 1 North, Range 2 West, Ute Meridian, 1635 feet from North Section Line and 2005 feet from East Section Lines at GPS point Northing 4333838 Easting 699701. Type of Use: Irrigation and piscatorial purposes. Appropriation Date: October 25, 2005. Type of structure: Pond. Quantity: .25 acre feet, with the right to fill and refill without limitation as to the number of fills, absolute. Ownership of land on which structure is located and upon which water is beneficially used: Applicant. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 39. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW276 GRAND COUNTY, SHEEP CREEK, TRIBUTARY TO THE COLORADO RIVER. Application for a Conditional Water Storage Right. Gallagher Ranch, LLC, c/o William A. Paddock, Esq. and Amy N. Huff, Esq., Carlson, Hammond & Paddock, LLC, 1700 Lincoln Street, Suite 3900, Denver CO 80203 (303) 861-9000. I. CONDITIONAL WATER STORAGE RIGHT 1. Continental Divide Pond. A. An off-stream pond located in the SW¼ of the SE¼ and SE 1/4 of the SW 1/4 of Section 15, T1N, R81W of the 6th P.M. The centerline of the Dam is 2,265 feet from the East Line and 320 feet from the South Line. (UTM NAD27 Zone 13 Coordinate N4,433,536:E375895 Meters) (See attached map). B. Sources: Spring flow, seepage, and natural runoff. C. Date of initiation of appropriation: December 23, 2005. D. The appropriation was initiated by the formation of an intent to appropriate, by a field inspection of the proposed pond location, by staking of the proposed dam site with notices of an intent to appropriate, and by other acts in furtherance of the appropriation. E. Date water applied to beneficial use: Conditional; Not applicable. F. Amount claimed: 13.9 acre-feet conditional with the right to continuously fill and refill, and to conduct freshening flows through the pond when full. To the extent that the Applicant perfects this water right, prior to the entry of a decree in this case, by storing water, in priority, in the Continental Divide Pond for its claimed beneficial uses, it will request an absolute water right. G. Point of diversion: The primary source of water for the Continental Divide Pond will be water collected from a spring located approximately 2,100 feet in

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a northwesterly direction from the pond in the SW¼ of the SW¼ of Section 15, T1N, R81W of the 6th P.M. (UTM NAD27 Zone 13 Coordinate N4,433,595:E375,272 Meters). The water will be diverted at this location and carried to the pond. The Continental Divide Pond will also impound water from runoff and seepage, when in priority. H. Use: Stock water, piscatorial, wildlife, recreation, and fire fighting. I. Surface area at high water line: 2.0 acres. (1) Maximum height of dam: the dam will be constructed to not impound water to a depth greater than 10.0 feet above the natural stream bed where that point occurs along the longitudinal centerline of the dam. (2) Length of dam: 150 feet. J. Total capacity of pond: 13.9 acre-feet. (1) Capacity above outlet: 12.9 acre-feet. (2) Dead storage: 1.0 acre-feet. 2.Once constructed, the Continental Divide Pond will be filled and thereafter maintained full, to the extent possible. The initial filling may occur over a period of years and will be accomplished by storing natural runoff and local spring flow during free river conditions or pursuant to an amendment to the augmentation plan decreed in Case No. 01CW41, which will be filed next month. Prior to the amendment to the Decree in Case No. 01CW41, the Applicant may deliver water to the pond by exchange and may seek approval of a temporary water supply plan for the pond. 3. James R. Gates and Angela Gates are the owners of the lands that will be inundated by the pond. The structures conveying water to the pond will also be on the Gates’s property. Their address is: 1144 Easely Canyon Road, Glendora, CA 91741, Phone: (909) 599-6729. (5 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 40. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW277 Mesa County, unnamed drain of the Grand Junction Drainage District, tributary to the Colorado River. Applicant: Lammot duPont, 1963 River Ranch Rd., Fruita, Colorado 81521, (970) 858-3318. Attorneys for Applicant: Gregory K. Hoskin and Andrew H. Teske, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 242-4903. Direct all pleadings to Applicant’s attorneys. Name of structure: Unnamed drain pipe of Grand Junction Drainage District. Type of application: Application for Direct Flow Right. Source: Unnamed drain pipe of the Grand Junction Drainage District, tributary to the Colorado River. Location: The center point of the manhole containing the diversion point is located in the SW¼NE¼ Section 27, Township 1 North, Range 2 West, Ute Meridian,1635 feet from North Section Lines, 1930 feet from East Section Line at GPS point Northing 4333839 Easting 699724. Type of Use: Irrigation and storage for irrigation. Appropriation Date: October 25, 2005. Type of structure: Pump. Quantity: .268 cfs. Ownership of land on which structure is located and upon which water is beneficially used: Applicant and Grand Junction Drainage District, 722 23 Road, Post Office Box 969, Grand Junction, Colorado 81502. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 41. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW278 GARFIELD COUNTY, GROUNDWATER AND WATER TRIBUTARY TO COLORADO RIVER - APPLICATION FOR WATER RIGHTS. Flag Resources, Inc. c/o Lori J.M. Satterfield, Esq., Holland & Hart LLP, 555 Seventeenth Street, Suite 3200, Denver, CO 80202, 303-295-8000. Name of structure: Flag Resources Gravel Pit Well (hereinafter “Gravel Pit Well”). Legal Description: A 73.1 acre gravel pit located within the S1/2NE1/4, the SE1/4NW1/4, the N1/2SE1/4, the N1/2SW1/4, and the SE1/4SW1/4, all in of Section 11, T.6S., R.92W. of the 6th P.M. The center of the pit is located at a point approximately 2,145 feet west of the East Section line and 2,500 feet North of the South Section line in Section 11, T.6S., R.92W. of the 6th P.M. Source: Groundwater tributary to Colorado River. The Gravel Pit Well also intercepts local surface runoff and springs and seeps. Date of initiation of appropriation: February 1982. Appropriation was initiated by formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to initiation of gravel mining and production, exposure of groundwater, diversion of water and application to beneficial use, and replacement of out-of-priority depletions associated with the Gravel Pit Well under the substitute water supply plan approved for the West Divide Water Conservancy District (“District”). Date water applied to beneficial use: February 1982. Amount claimed: 152 acre feet, annually,

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absolute (for current buildout of the Gravel Pit Well and mining operations; and 55 acre feet, annually, conditional (for full buildout of the Gravel Pit Well and mining operations). Use or proposed use: Any and all beneficial uses associated with gravel mining and production and post-mining use of the Gravel Pit Well, including without limitation, dust suppression, water in mined product, material washing, evaporation from the exposed surface water area of the Gravel Pit Well, recreation, aesthetic, and fire protection. Name of Structure: Flag Resources Well. Located 3,020 feet East of the West Section line, and 1,680 feet North of the South Section line, in Section 11, T.6S., R.92W. of the 6th P.M. A map depicting the location of the Gravel Pit Well and Flag Resources Well is Exhibit A on file with the application. Amount: 50 gpm, absolute, for up to 2 acre feet per year. The Flag Resources Well is currently permitted as Well Permit No. 049611-F and operates under the substitute water supply plan approved for the District. Depth: 150 feet. Source: Groundwater tributary to Colorado River. Date of initiation of appropriation: March 27, 1998. Appropriation was initiated by formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to procurement of well permit, drilling and construction of Flag Resources Well, diversion of water and application to beneficial use, and replacement of out-of-priority depletions associated with use of the Flag Resources Well under the substitute water supply plan approved for the District. Date water applied to beneficial use: July 31, 1998. Use: Domestic and industrial. Remarks: The Gravel Pit Well and the Flag Resources Well are not located within 600 feet of any wells owned by third parties. The Gravel Pit Well and the Flag Resources Well are individual components of an integrated water supply system for Applicant’s project, see C.R.S. § 37-92-301(4)(b). The Gravel Pit Well and the Flag Resources Well will be augmented under the substitute supply plan approved for the District or under a plan for augmentation plan decreed by the District Court, Water Division No. 5. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 42. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW279 Eagle County - Ruedi Creek, tributary to Fryingpan River, Roaring Fork River and Colorado River. Application for Finding of Reasonable Diligence and To Make Water Right Absolute, In Part. Chris Smith c/o Scott Balcomb and Anne Marie McPhee, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Name of structure: Eureka Ditch. Information from original decree: Original decree date: 04/14/1911, Civil Action No. 1491, Dist. Ct., Garfield Cty., Priority No.: 208CCC. Legal Description: The headgate for the Eureka Ditch is located on the Northeasterly bank of Ruedi Creek at a point whence the quarter corner between Secs. 1 and 6 on the R. line between T. 8 S., R. 84 W. and T. 8 S., R. 85 W. of the 6th P.M. bears S. 29 degrees 35' E. 2900 ft. Date of appropriation: 05/01/1890. Amt.: 2.74 cfs, of which 1.34 is absolute and 1.4 is conditional. Use: Irrigation. In the diligence period preceding the filing of this Application, Applicant has diligently pursued development of the subject water right. The application on file with the Court contains a detailed outline of the work performed during the diligence period. Applicant seeks to make an additional 0.82 cfs absolute. Names and addresses of owners of the land 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: Applicant. The headgate of the Eureka Ditch is located on land owned by Nelson J. Fagerberg, 6755 Harvest Road, Boulder, CO 80301. (3 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 43. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW280 Grand County, Application for Water Rights and Water Storage Rights, Applicants Rita J. Aguirre and Carlisle Grace, Ltd. c/o Caloia, Houpt & Hamilton, P.C., 1204 Grand Avenue, Glenwood Springs. All structures are located in Section 34, T.1S., R. 75W. of the 6th P.M. on land owned by Applicants. Unless otherwise stated: (1) amount claimed for each spring is 15 g.p.m. , cond, (2) all springs are tributary to Hamilton Creek, tributary to Hurd Creek, tributary to Ranch Creek, tributary to Fraser River, tributary to Colorado River, (3) the appropriation date for all conditional water rights and water storage rights is 10/18/05, initiated by formation of intent to appropriate water, field investigation and GPS location survey. Unless otherwise stated, the following info applies to all ponds:

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amount claimed is 0.2 acre ft, conditional, with right to fill and refill in priority, surface area is 0.1 acre, height of dam is less than 10 ft, length of dam is 100 ft, total capacity is 0.2 acre feet, rate of fill is 0.25 cfs, uses are stockwatering, wildlife habitat and watering, and aesthetic. Crystalline Spring No.1: 467 ft from the E line and 2228 ft from the S line of Sec 34. Amt: 15 g.p.m., of which 5 g.p.m. is absolute for domestic use, and 10 g.p.m. is conditional for domestic purposes, and 15 g.p.m. is conditional for all other claimed beneficial uses. Approp date: 7/30/1986 for domestic use; 10/18/2005 for all other uses. Initiated by: Developing the spring and placing water to domestic use; formation of intent to use water, field investigation and GPS location survey for other uses. Applied to beneficial use: 7/30/1986. Uses: Domestic, irrigation, stockwatering, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 2, 3, 8 and 9. Crystalline Spring No. 2: 353.1 ft from the E line and 2054.7 ft from the S line of Section 34. Uses: Irrigation, stockwatering, domestic, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 2, 3, 8 and 9. Crystalline Spring No. 3: located in the NE ¼ of the SE ¼, 922.9 ft from the E line and 1539.7 ft from the S line of Section 34. Uses: Stockwatering, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 4, 7 and 10. Crystalline Spring No. 4: located in the NE ¼ of the SE ¼, Section 34, 845.5 ft from the E line and 1812.7 ft from the S line of Section 34. Uses: Stockwatering, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 3, 4, 7, 9 and 10. Crystalline Spring No. 5: located in the NE ¼ of the SE ¼, 942.7 ft from the E line and 2535.6 ft from the S line of Section 34. Uses: Stockwatering, wildlife habitat and watering, and aesthetic, and to fill Crystalline Pond Nos. 6 and 11. Crystalline Spring No. 6: located in the NW ¼ of the SE ¼, 1557.1 ft from the E line and 2442.0 ft from the S line of Section 34. Uses: Stockwatering, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond No. 6. Crystalline Spring No. 7: located in the NW ¼ of the SE ¼, Section 34, Township 1 South, Range 75 West of the 6th P.M. at a point 1387.7 feet from the East line and 1480.0 feet from the South line of said Section 34. Uses: Irrigation, stockwatering, domestic, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 1, 4, 5, 10 and 12. Crystalline Spring No. 8: located in the SE ¼ of the SE ¼, 1256.9 ft from the E line and 1187.0 ft from the S line of Section 34. Uses: Irrigation, stockwatering, domestic, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 1, 5, 10 and 12. Crystalline Spring No. 9: located in the SW ¼ of the SE ¼, 1534.7 ft from the E line and 501.7 ft from the S line of Section 34. Amount: 15 g.p.m., absolute for wildlife habitat and watering, aesthetic and for filling Crystalline Pond No. 1; conditional for all other purposes. Approp: 7/30/1986. Initiated by: construction of Crystalline Pond No.1, diversion and storage of water. Uses: Irrigation, stockwatering, domestic, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond No. 1. Crystalline Spring No. 10: located in the SW ¼ of the SE ¼, 1502.4 ft from the E line and 473.4 ft from the S line of Section 34. Amount: 15 g.p.m., absolute for wildlife habitat and watering, aesthetic and for filling Crystalline Pond No. 1; cond for all other purposes. Approp date: 7/30/1986. Initiated by: construction of Crystalline Pond No.1, diversion and storage of water. Applied to use: 7/30/1986. Uses: Irrigation, stockwatering, domestic, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond No. 1. Crystalline Spring No. 11: located in the SW ¼ of the SE ¼, 2042.8 ft from the E line and 377.6 ft from the S line of Section 34. Amount: 15 g.p.m., absolute for wildlife habitat and watering, aesthetic and for filling Crystalline Pond No. 1; cond for all other purposes. Approp date: 7/30/1986. Initiated by: construction of Crystalline Pond No.1, diversion and storage of water. Applied to use: 7/30/1986. Uses: Irrigation, stockwatering, domestic, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond No. 1. Crystalline Spring No. 12: located in the SE ¼ of the SW ¼, 3106.5 ft from the E line and 312.4 ft from the S line of Section 34. Uses: Stockwatering, irrigation, domestic, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond No.14. Crystalline Spring No. 13: located in the SE ¼ of the SW ¼, 2872.9 ft from the E line and 594.5 ft from the S line of Section 34. Uses: Stockwatering, irrigation, domestic, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 14 and 15. Crystalline Spring No. 14: located in the SE ¼ of the SW ¼, Section 34, 3223.4 ft from the E line and 681.3 ft from the S line of Section 34. Uses: Stockwatering, wildlife habitat and watering, and aesthetic. Crystalline Spring No. 15: located in the SE ¼ of the SE¼, 1140.0 ft from the E line and 953.0 ft from the S line of Section 34. Uses: Stockwatering, irrigation, domestic, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 1, 5 and 12. Crystalline Spring No. 16: located in the SW ¼ of the SE ¼, 2390.0 ft from the E line and 260.0 ft from the S line of Section 34. Amount: 15 g.p.m., absolute for wildlife habitat and watering, aesthetic and for filling Crystalline Pond No. 13; cond for all other purposes. Approp date: 9/30/1990. Initiated by: construction of Crystalline Pond No.13, diversion and storage of water. Applied to use: 9/30/1990. Uses: Domestic, irrigation, stockwatering, wildlife habitat and watering, aesthetic and to fill Crystalline Pond No. 13. Crystalline Pond No. 1: located in the SW ¼ of the SE ¼, 1749 ft from the E line and 167 ft from the S line of Section 34. Source: The pond is located on-channel in an ephemeral stream and is filled from snowmelt and rainfall runoff and from Crystalline Spring Nos. 7 – 11 and 15. Amount: 0.20 acre ft, abs, for stockwatering, wildlife habitat and watering, and aesthetic; cond for irrigation and domestic use, with right to fill and refill in priority. Approp date: 7/30/1986. Initiated by: construction of pond. Applied to use: 7/30/1986 Uses: stockwatering, wildlife habitat and watering, aesthetic, irrigation and domestic. Surface area: 0.065 acres. Length: 40 ft. Crystalline Pond No. 2: located in the NE ¼ of the SE ¼, 815 ft from the E line and 2185 ft from the S line of Section 34. Source: The pond is off-channel and filled from snowmelt and rainfall runoff and from Crystalline Spring Nos. 1 and 2. Rate of fill: 30 g.p.m. Uses: Irrigation, stockwatering, domestic, wildlife habitat and watering, and aesthetic. Crystalline Pond No. 3: located in the NE ¼ of the SE ¼, 910 ft from the E line and 1733 ft from the S line of Section 34. Source: The pond is located on-channel in an ephemeral stream and is filled from snowmelt and rainfall runoff and from Crystalline Spring Nos. 1, 2 and 4. Crystalline Pond No. 4: located in the NW ¼ of the SE ¼, 1345 ft from the E line and 1343 ft from the S line of Section 34. Source: The pond is located on-channel in an ephemeral stream and is filled

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from snowmelt and rainfall runoff and from Crystalline Spring Nos. 3, 4 and 7. Crystalline Pond No. 5: located in the SE ¼ of the SE ¼, 1245 ft from the E line and 1083 ft from the S line of Section 34. Source: The pond is located on-channel in an ephemeral stream and is filled from snowmelt and rainfall runoff and from Crystalline Spring Nos. 7, 8 and 15. Crystalline Pond No. 6: located in the NW ¼ of the SE ¼, 1735 ft from the E line and 2373 ft from the S line of Section 34. Source: The pond is located on-channel in an ephemeral stream and is filled from snowmelt and rainfall runoff and from Crystalline Spring Nos. 5 and 6. Crystalline Pond No. 7: located in the NE ¼ of the SE ¼, 1055 ft from the E line and 1493 ft from the S line of Section 34. Source: The pond is located on-channel in an ephemeral stream and is filled from snowmelt and rainfall runoff and from Crystalline Spring Nos. 3 and 4. Crystalline Pond No. 8: located in the NE ¼ of the SE ¼, 700 ft from the E line and 2095 ft from the S line of Section 34. Source: The pond is located on-channel in an ephemeral stream and is filled from snowmelt and rainfall runoff and from Crystalline Spring Nos. 1 and 2. Crystalline Pond No. 9: located in the NE ¼ of the SE ¼, 975 ft from the E line and 1903 ft from the S line of Section 34. Source: The pond is located on-channel in an ephemeral stream and is filled from snowmelt and rainfall runoff and from Crystalline Spring Nos. 1, 2 and 4. Crystalline Pond No. 10: located in the SW¼ of the SE ¼, 1335 ft from the E line and 1230 ft from the S line of Section 34. Source: The pond is located on-channel in an ephemeral stream and is filled from snowmelt and rainfall runoff and from Crystalline Spring No. Nos. 3, 4, 7 and 8. Crystalline Pond No. 11: located in the NE ¼ of the SE ¼, 995 ft from the E line and 2490 ft from the S line of Section 34. Source: The pond is located on-channel in an ephemeral stream and is filled from snowmelt and rainfall runoff and from Crystalline Spring No. 5. Crystalline Pond No. 12: located in the SE ¼ of the SE ¼, 1230 ft from the E line and 913 ft from the S line of Section 34. Source: The pond is off-channel and filled from snowmelt and rainfall runoff and from Crystalline Spring Nos. 7, 8 and 15. Rate of fill: 15 gpm. Crystalline Pond No. 13: located in the SW ¼ of the SE ¼, 2380.0 ft from the E line and 160.0 ft from the S line of Section 34. Source: The pond is off-channel and filled from snowmelt and rainfall runoff and from Crystalline Spring No. 16. Amount: 0.13 acre feet, absolute for stockwatering, wildlife habitat and watering, and aesthetic; conditional for domestic, irrigation, with right to fill and refill in priority. Rate of fill: 15 gpm. Approp Date: 9/30/1990 Initiated by: construction of the pond. Applied to use: 9/30/1990. Uses: stockwatering, wildlife habitat and watering, aesthetic; domestic and irrigation. Surface area: 0.05 acres. Capacity: 0.13 acre feet. Crystalline Pond No. 14: located in the SE ¼ of the SW ¼, 3035.0 ft from the E line and 240.0 ft from the S line of Section 34. Source: The pond is off-channel and filled from snowmelt and rainfall runoff and from Crystalline Spring Nos. 12 and 13. Rate of fill: 15 gpm. Uses: Stockwatering, domestic, wildlife habitat and watering, aesthetic and irrigation. Crystalline Pond No. 15: located in the SE ¼ of the SW ¼, 2875.0 ft from the E line and 495.0 ft from the S line of Section 34. Source: The pond is off-channel and filled from snowmelt and rainfall runoff and from Crystalline Spring No. 13. Rate of fill: 15 gpm. Uses: Stockwatering, irrigation, domestic, wildlife habitat and watering, and aesthetic. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 44. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW281 Garfield County - Battlement Creek, a tributary to the Colorado River; Colorado River. Application for Change of Water Rights. Battlement Mesa Partners, LLC c/o Scott Balcomb and Anne Marie McPhee, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Name of Structure For Which Change is Sought: Huntley Ditch. Information From Previous Decree for Huntley Ditch: Date Entered:05/05/1888, Civil Action 89, Dist. Ct., Garfield Cty. Appropriation Date: 03/01/1885. Amt. Decreed: 1.67 cfs, absolute. Amt. owned by Applicant: 1.06 cfs, absolute. Information From Previous Decree for Huntley Ditch First Enlargement: Date Entered: 05/05/1888, Civil Action 89, Dist. Ct., Garfield Cty. Appropriation date: 03/10/1887. Amt. Decreed: 4.50 cfs, absolute. Amt. owned by Applicant: 2.34 cfs, absolute. Information From Previous Decree for Huntley Ditch, Second Enlargement: Date entered: 05/05/1888, Civil Action 89, Dist. Ct., Garfield Cty. Appropriation Date: 01/28/1888. Amt. decreed: 5.00 cfs, absolute. Amt. owned by Applicant: 2.76 cfs, absolute. Information From Previous Decree for Huntley Ditch, Sawin Enlargement: Date entered: 04/04/1898, Civil Action 711, Dist. Ct., Garfield Cty. Appropriation date: 07/29/1889. Amt. Decreed: 2.00 cfs, absolute. Amt. owned by Applicant: 1.00 cfs, absolute. Information Regarding All Priorities Decreed to the Huntley Ditch. Decreed Point of Diversion: The decreed location for the headgate of the Huntley Ditch is on the southwest bank of Battlement Creek, about two miles from the mouth thereof, in Garfield Cty. Historic Use: Irrigation. Proposed Change: Applicant seeks to clarify the point of diversion for the Huntley Ditch and its enlargements (collectively hereinafter "Huntley Ditch") because the original decree only provided a vague description of the point of diversion. The current point of diversion for the Huntley Ditch is at a point in the SE 1/4 of the NW 1/4 of Sec. 15, T. 7 S., R. 95 W. of the 6th P.M. at a point 1,580 ft. from the N. sec. line and 2,005 ft. from the W. sec. line. Applicant also seeks to change the place of use for Applicant's interest in the Huntley Ditch. Approximately 179 acres of land have historically been irrigated with Huntley Ditch water owned by Applicant. Applicant seeks to use Applicant's interest in the

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Huntley Ditch, in conjunction with the Dobey Ditch, Eaton Pipeline No. 2 and other water rights, to irrigate up to 110 acres at the Battlement Mesa Golf Course, located in the S 1/2 of the SW 1/4 and SW 1/4 of the SE 1/4 of Sec. 5, the SE 1/4 of the SE 1/4 of Sec. 6, the E 1/2 of the NE 1/4 and E 1/2 of the SE 1/4 of Sec. 7, the W 1/2 of the NW 1/4 and the W 1/2 of the SW 1/4 of Sec. 8, and the N 1/2 of the NE 1/4 of Sec. 18, all in T. 7 S., R. 95 W. of the 6th P.M. Due to development of the Saddleback Village subdivision and taking other vacant land out of production, the lands historically irrigated by Applicant's interest in the Huntley Ditch are no longer irrigated by the Huntley Ditch and will not be irrigated by the Huntley Ditch in the future. Some of these historically irrigated lands may be re-irrigated with potable or non-potable water supplied from other water rights. A map showing both the historic and new place of use is attached as Figure 1 on file with the court. There will be no new depletions to the stream system associated with the change of area of irrigation. The Huntley Ditch has been consistently used for irrigation since prior to 1977 and is protected by the Green Mountain Historic Users Pool. Decreed Name of Structures For Which Changes Are Sought: Dobey Ditch. Information From Previous Decree for Dobey Ditch: Date Entered: 07/11/1902, Civil Action 977, Dist. Ct., Garfield Cty. Appropriation Date: 06/29/1893. Amt.: 3.00 cfs. Information From Previous Decree for Dobey Ditch, First Enlargement: Date Entered: 05/05/1888, Civil Action 1093, Dist. Ct., Garfield Cty. Appropriation Date: 03/07/1887. Amt.: 1.975 cfs. Information From Previous Decree for Dobey Ditch - Huntley Ditch Enlargement: Date Entered: 04/04/1898, Civil Action 1093, Dist. Ct., Garfield Cty. Appropriation Date: 07/29/1888. Amt.: 1.00 cfs Information Regarding All Priorities Decreed to Dobey Ditch: Decreed Point of Diversion: The decreed location for the Dobey Ditch headgate is on the W. bank of Battlement Creek, at a point in Sec. 15, T. 7 S., R. 95 W. of the 6th P.M. about two miles in a easterly direction from the lands of the original petitioners. Historic Use: Irrigation. Proposed Change: Applicant seeks to clarify the point of diversion for the Dobey Ditch and its enlargements (collectively hereinafter "Dobey Ditch") because the original decree only provided a vague description of the point of diversion. The current point of diversion for the Huntley Ditch is at a point in the SW 1/4 of the NE 1/4 of Sec. 15, T. 7 S., R. 95 W. of the 6th P.M. at a point 1,780 ft. from the N. sec. line and 2,670 ft. from the W. sec. line. Applicant has historically irrigated approximately 76 acres of land owned by Applicant using the Dobey Ditch. Sixteen of these acres are still being irrigated by the Dobey Ditch on the Golf Course. Due to the development of the Willow Creek Village subdivision, the other 60 acres are no longer irrigated by the Dobey Ditch and will not be irrigated by the Dobey Ditch in the future. Some of the land at the Willow Creek Village subdivision may be re-irrigated with other water rights. Applicant seeks to use the Dobey Ditch, in conjunction with the Huntley Ditch, Eaton Pipeline No. 2 and other water rights, to irrigate up to 110 acres at the Battlement Mesa Golf Course, located in the S 1/2 of the SW 1/4 and SW 1/4 of the SE 1/4 of Sec. 5, the SE 1/4 of the SE 1/4 of Sec. 6, the E 1/2 of the NE 1/4 and E 1/2 of the SE 1/4 of Sec. 7, the W 1/2 of the NW 1/4 and the W 1/2 of the SW 1/4 of Sec. 8, and the N 1/2 of the NE 1/4 of Sec. 18, all in T. 7 S., R. 95 W. of the 6th P.M. There will be no new depletions to the stream system associated with the change of area of irrigation. The Dobey Ditch has been consistently used for irrigation since prior to 1977 and is protected by the Green Mountain Historic Users Pool. Decreed Name of Structure For Which Change Is Sought: Eaton Pipeline No. 2. Information From Previous Decree: Date Entered: 07/09/1965, Civil Action 4954, Dist. Ct., Garfield Cty. Decreed Point of Diversion: The decreed point of diversion is located at a point on the left bank of the Colorado River, whence the W. quarter corner of Sec. 7, T. 7 S., R. 95 W. of the 6th P.M. bears N. 40 degrees 44' W. 3711.5 ft. Appropriation Date: 12/18/1956. Amt.: 4.25 cfs, absolute; 5.75 cfs, conditional. Decreed Use: Irrigation, manufacturing, industrial, domestic. Proposed Change: Applicant seeks to correct the legal description for the Eaton Pipeline No. 2 to its true point of diversion. The Eaton Pipeline No. 2 diverts at a point in the NE 1/4 of the NW 1/4 of Sec. 18, T. 7 S., R. 95 W. of the 6th P.M. at a point 450 ft. from the N. sec. line and 1,500 ft. from the W. sec. line. No other change for the Eaton Pipeline No. 2 is sought by this application. Name and Address of Owners of Land on Which Diversion Structures Are Located: The headgates for the Huntley Ditch and Dobey Ditch are located on land owned by: John C. Clem Jr. Living Trust, Barbara J. Clem Living Trust, 6670 W. 72 Drive, Westminster, CO 80003-3310; Joseph and Marian Clem, 7416 W. Clifton Avenue, Littleton, CO 80128-5609. The Eaton No. 2 Pipeline is located on land owned by Applicant. Water diverted through the Huntley Ditch, Dobey Ditch and Eaton No. 2 Pipeline for the purposes described in this Application will be used on land owned by Applicant. The above-described water rights are part of an integrated water supply for Applicant's golf course. (8 pages + Exhibit). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 45. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW282 Garfield County, App for Water Rights, Change of Water Rights, Aug Plan and Exchange. Town of Eagle c/o Caloia, Houpt & Hamilton, P.C.1204 Grand Ave Glenwood Springs, CO Town Lower Intake No. 1 Located S1/2 NW¼ Sec 5 and SE ¼ NE ¼, Sec 6 T5S, R84W 6th PM from Brush Creek, trib to Eagle River, landowner where div pt may be located: Town or Green Acres

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 45

Mobile Home Park LLC, PO Box 283, Gypsum, CO 81637. Town Lower Intake No. 2 located SE1/4 NE¼ Sec 6 T5S R84W 6th PM, from Eagle River, Approp of both Points of Div: 4/21/1999 by acquiring water rights, engineering and field studies, location of the plant, acquisition of land, legal studies re: need and feasibility of 2nd plant, form of intent, field investigation to confirm feasibility. Amt: 10 cfs cond each, Uses: Municipal, irrigation, domestic, commercial, industrial, fire protection and other beneficial uses for the Town of Eagle and its customers. Structures to be changed Town of Eagle Gravity Water System decreed in CA No. 1193 in District Court of Eagle County, 1.24 cfs for domestic, municipal, and other purposes, Case No. W-3362, for 8.76 cfs, for municipal and other purposes, div pt on E bank of Brush Creek whence Corner No. 4 of Tract 86, Secs 35 and 36, T5S, R84W 6th P.M. bears N 26°49’20” E 1,062.99 feet, Town of Eagle Brush Creek Intake, Case No. W-3678, for 10 cfs and Eagle Waste Water Treatment Plant and Final Treatment Pipeline decreed in Case No. W-3676 for 6 c.f.s. for municipal and other purposes with decreed alternate pts of div at (a) a pt on NW abutment of the wastewater treatment pond located in sec 6 T5S, R84W 6th P.M. whence the NW Corner of sec 6 bears N 68°30’ W 5050 ft; and pt located in sec 6 T5S R84W 6th P.M. whence the NW corner of sec 6 bears N 70°30’ W 5240 ft, and Town of Eagle Augmentation Station decreed in 87CW739, 2 cfs, for irrigation, municipal, domestic, commercial, fire protection, recreation, aesthetic, augmentation and exchange and all other beneficial uses, pt of div in NE ¼ NW1/4 Sec 5 T5S R84W 6th P.M. at pt whence Corner No.1 of Tract 46D bears N 77° 9’ E 633 ft. Change of Water Right. Town’s water rights may be diverted at alternate points of diversion for Town Lower Water Intake Nos. 1 and 2. Aug plans decreed to augment Town’s water rights in 80CW345, 87CW386, 94CW292, 99CW194 and 99CW195, to augment all diversions whether made at orig decreed pts of div or Town Lower Water Intake Nos. 1 and 2. Water rights to be augmented: Town Lower Water Intake Nos. 1 and 2 and all Town’s water rights set forth above that are not heretofore augmented by the Town’s existing augmentation plans. Water rights to be changed to aug use:

TOWN OF EAGLE LOWER BASIN WATER TREATMENT PLANT Irrigation Rights to be Used for Augmentation** Structure Name

Adjud Date

Case No.

Amount (cfs)

Amount Controlled by Town (cfs)

Amount for Augment (cfs)

Irrigated Land (acres)

Dry up for Augment (acres)

Matthews Ditch 12/17/1889 294 1.40 1.400 1.400 34.7 34.7

rnage Ditch 12/17/1889 12/17/1889 12/17/1889 12/17/1889 3/5/1901 3/5/1901 10/3/1936

294 294 294 294 385 385 963

2.40 1.20 0.28 0.40 0.03 0.21 9.29

0.766 0.383 0.089 0.128 0.011 0.066 2.964

0.766 0.383 0.089 0.128 0.011 0.066 2.964

19.7

19.7

Edwards Ditch 12/17/1889 294 2.20 2.200 2.200 15.65 15.65

Oleson Ditch 3/5/1901 3/5/1901 10/3/1936 10/3/1936

385 385 963 963

1.20 0.74 6.00 1.33

1.200 0.740 6.000 1.330

1.200 0.740 6.000 1.330

65

65

Squire and Hammond Ditch

12/17/1889 3/5/1901 3/5/1901 10/3/1936 10/3/1936

294 385 385 963 963

2.6 0.46 1.00 4.91 0.53

2.400 0.460 1.000 4.910 0.530

179

113

Sutton Ditch

12/17/1889 12/17/1889 10/3/1936 10/3/1936

294 294 963 963

4.00 0.50 1.20 0.53

2.266 0.500 1.200 0.530

2.266 0.500 1.200 0.530

13

13

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 46

White Ditch 12/17/1889 12/17/1889 12/17/1889 10/3/1936

294 294 294 963

2.40 1 1.2 3.86

2.400 1 1.1 3.86

2.400 1 1.1 3.86

119 119

Ditch No. 4 12/17/1889 10/3/1936

294 963

1.2 3.41

1.2 3.41

1.2 3.41

64 64

*CKP Ditch 3/5/1901 11/13/1911 10/3/1936 10/3/1936

385 564 963 963

1.6 4.5 0.5 13.42

1.6 4.5 0.5 12.42

175.4

95

Oleson Pump and Pipeline

7/23/1958 1193 5.2 5.2

*CKP Ditch cu adjudicated in 95CW208 and 95CW209 and Town will use said quantification herein **App may delete all or portion of cu from any rights listed in table, Owners of Land Pt of Div located: Matthews and Oleson Ditch: Kummer Dev Corp 11330 Olive St., St. Louis, MO 63141. Squire and Hammond: W Eagle Ranch LLC, PO Box 1630, Eagle CO 81631. Colorado River Water Conservation District Supply Sources. Wolford Mountain Res, dam in SW1/4 NE1/4 Sec 25 T2N R81W 6th PM, Dam Axis (Sta. D19+35.61) W Access Road (Sta. WR50+55.05) occurs at pt which bears S. 53°24'56" E.3,395.51 ft from NW corner Sec 25 the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. diverts from Muddy Creek and its tribs 87CW283 entered 11/20/1989 for 59,993 af for all beneficial uses, including domestic, municipal, agricultural and recreational uses and 95CW281 entered 8/26/1997 for 6,000 af for All beneficial uses by and for the benefit of inhabitants of River District for domestic, municipal, industrial, irrigation, agricultural, piscatorial, recreational and environmental mitigation and 98CW237 entered 7/6/2000 for 30,000 af for all beneficial uses previously adjud in 87CW283 and 95CW281. Landowner: CR WCD, Box 1120, Glenwood Springs, CO Ruedi Reservoir located in Secs 7, 8, 9, 11 and 14-18 T8S R84W 6th PM in Eagle and Pitkin Counties, dam axis intersects rt abutment at pt whence SW corner of Sec 7 T8S R84W 6th PM bears N 82°10'W 1,285 ft. from Fryingpan River decreed in CA 4613 on 6/20/1958 in Garfield Co Dist Ct for 140,697.3 af reduced to 102,369 af in W-789-76 for Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. 81CW34: entered 4/8/1985 for 101,280 af for irrigation, domestic, municipal, gen of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation landowner U.S. Bur of Rec, 2764 Compass Drive, St 106, Grand Junction, CO 81506, Eagle Park Res, decreed 92CW340 and 93CW301, for 27,600 af, 5,300 a.f., and 22,300 af and div rate of 80 cfs as decreed for Pando Feeder Canal in 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. Eagle Park Res is augmented by exchange in 95CW348 N abutment of dam crest is 160 ft N of S sec line and 650 ft E of W sec line Sec 28 T7S R 79W 6th P.M. from E Fork Eagle River including runoff, surface flow and seepage from the area res and trib thereto and water trib to Tenmile Creek trib of Blue River, landowner: Eagle Park Reservoir Co., 846 Forest Road, Vail, CO 81657. Arkansas Well water 1st 455 af per year of historic transbasin divs from 1/7th interest in Stevens and Leiter Ditch decreed in Chaffee County Dist Court for 38 cfs as changed by the Chaffee County Dist Court in CA 5276, to new pt of div well located on E Fork of Arkansas River in Lake County, Colorado in E1/2 SE1/4 SE1/4 Sec 10 T8S R79W 6th P.M. whence SE corner of Sec 10 bears S 17°37' E 364.8 ft. New pt of div entered in 91CW028, water Div No 2 for rate of 1.086 cfs, w/ann limit of 786 af to Colorado River Basin w/out return flows to Arkansas River Basin, w/ rt to use, reuse and successively use said water to extinction. Homestake Reservoir a/k/a Elliott-Weers Reservoir decreed in Eagle Co Dist Court in CA 1193 for 83,338.98 af located on Homestake Creek, dam located whence NW corner Sec 31 T7S R80W 6th P.M. bears N. 58°30.6' E. 24,659 ft from E dam abutment and N 62°25.8' E. 25,746 ft from W dam abutment from E Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. Aurora and Colorado Springs may provide water released from water rights decreed in 88CW449 and 95CW272, landowner: Colorado Springs 121 S Tejon St Box 1103, Colorado Springs, CO 80947. Green Mtn Res decreed in Cases 2782, 5016, and 5017 US Dis Ct, Dis of CO on 10/12/1955 diverting from Blue River, trib to CO River, located in Secs 11, 12, 13, 14, 15, and 24 T2S R80W and Secs 17, 18, 19, 20, 21, 28, 29 and 34 T2S R79W 6th P.M. for 154,645 af for Uses in accord w/ para 5(a), (b), and (c) of "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Doc 80. landowner US Bureau of Rec 2764 Compass Dr Set. 106, Grand Junction, CO 81506, Slyvan Lake decreed in 94CW291 (Change from W-3660) left abutment of dam located at pt whence NE corner Sec 6 T7S R83W 6th PM bears N 46° 13’ E 1907.7 ft. outlet of dam is 1200 ft from N sec line and 1400 ft from E sec line from W Brush Creek, trib to Brush Crk, landowner: CO Div of Parks and Outdoor Rec 1313 Sherman St, Denver, CO

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 47

80203. Augmentation Plan: Irr water rights listed above irrigated land in secs 4, 5, 8, 9, 10, T5S R84W, 6th PM and sec 32, T4S R84W 6th PM and will be changed and used to augment and replace for depletions of diversions of listed water rights at Town of Eagle lower water treatment plant. A contract with the CRWCD will be obtained prior to adj for water from Wolford Mountain Res, Eagle Park Res, Ruedi Res. Town has contract for 125 af of Green Mountain res water. Town has agreement with CO Div of Parks for use of 125 a.f. of water stored in Sylvan Lake under certain circumstances. App is municipality generally located in Secs 24-29 and 32-34 inclusive, T4S R84W and Secs 8-10, 15,16, 21 and 22, T5S, R84W 6th PM. These boundaries may be expanded. Town will construct 2nd water treatment plant in Sec 6 T5S R84W near confl of Brush Creek and Eagle River and make diversions of up to 10 cfs for use in and around Town. Waste water treated through the Town’s Central Waste Water Treatment plant w/ returns to Eagle River. Depletions for in-house use are 5%, cu of lawn is 2.1 af per acre. Aug of Town’s golf course pond system, which are located in secs 9 and 10, T5S R84W 6th PM w/ evap losses of 3.09 af per surface acre table of evap losses on monthly basis provided, ponds to be filled with divs from Brush Creek through Squire and Hammond Ditch in amt of 5 cfs, His irr use under the irr water rights provided and land to be dried up to augment irr season depletions from Town diversions and water use. Town to dedicate proportionate shares of irrigation water rights which have cu of 1.88 af per acre per year. Monthly cu provided. During irr season when there is a senior call for water on Brush Creek Town shall continue diversions and curtail div of irrigation water rights. During irr and/or non-irr season when irr water right curtailment may be inadequate and a call for water would result in curtailment, Town shall cause releases of storage in Brush Creek, Eagle and/or Colorado River basins. During the non-irr seasons when a call for water on Eagle or Colorado Rivers would result in curtailment of Town, App may continue diversions through Lower Water Treatment Plant by the curtailment of diversions and release of aug water from Wolford Mountain Res, Ruedi Res, Eagle Park Res, Green Mountain Res and/or Sylvan Lake. Exchange No. 1: CO River confluence with Eagle River up to Eagle River confluence with Brush Creek located in Sec 5, T5S R86W 6th PM and Confluence of Eagle River with Brush Creek located in Sec 5, T5S R84W 6th PM, Exchange Reach No. 2: Eagle River Confluence with Brush Creek up to Town Lower Intake No. 1 on Brush Creek Confluence of Brush Creek with the Eagle River set forth above and Lower Town Intake No. 1 on Brush Creek described above. Approp: 4/21/1999, Amts: 5 cfs each. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

46. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW283 PITKIN COUNTY. ROARING FORK RIVER. Russell Wight, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Madoline E.S. Wallace, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. Name of structures to be augmented: Wight Pond. Previous decree for structure: N/A. See Application for a Storage Water Right applied for in Case No. 05CW284, District Court, Water Division No. 5. A.R. Smith Ditch No. 1. Previous decree for structure: Case No. 88CW33, District Court, Water Division No. 5, entered July 22, 1988. Location: the point of diversion is at a point whence the West ¼ Corner Section 28, Township 10 South, Range 84 West of the 6th P.M. bears North 17°01’00” West 2677.9 feet which is also 800 feet East of the West line and 220 feet North of the South line of said Section 28, in Pitkin County. Source: Unnamed tributary to the Roaring Fork River. Appropriation Date: May 15, 1968. Amount: 0.20 c.f.s., absolute. Uses: irrigation up to 1.75 acres and storage in a small pond. Difficult Pump. Previous Decree for structure: Case No. 89CW260, District Water Court, Division No. 5, entered January 17, 1991. Location: the point of diversion is North 76°30’ East 1195 feet from Southwest Corner of Section 28, Township 10 South, Range 84 West of the 6th P.M., in Pitkin County. Source: Roaring Fork River. Appropriation Date: July 1, 1989. Amount: 0.25 c.f.s., absolute. Uses: irrigation up to 5 acres. Name of water rights to be used for augmentation: Wight Pond. Previous Decree for structure: N/A. See Application for Storage Water Right applied for the same date herewith in Case No. 05CW284. Basalt Water Conservancy District Allotment Contract: The Applicant has applied for inclusion into the Basalt Water Conservancy District and for an allotment contract (the final contract to be attached to the Decree). Upon securing the allotment contract, the following water rights will be made available to Applicant for augmentation: Ruedi Reservoir for the benefit of the Basalt Water Conservancy District: Ruedi Reservoir was originally decreed in C.A. No. 4613, District Court, Garfield County, on June 20, 1958, with an appropriation date of July 29, 1957. In Case No. W-789-76, District Court, Water Division No. 5, the decreed storage capacity for the reservoir was reduced to 102,369 acre-feet. The reservoir is a component of the Fryingpan-Arkansas Project, originally authorized for construction by the Act of August 16, 1962 (76 Stat. 389) as amended by the Acts of October 27, 1974 (88 Stat. 1486) and November 3, 1978 (92 Stat. 2492), in substantial accordance with House Doc. No. 187 83rd Congress, 1st Session, as modified by House Doc. 353, 86th Congress, 2nd Session. The reservoir is subject to the Operating

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 48

Principles for the Fryingpan-Arkansas Project as set forth in House Doc. 130, 87th Cong., 1st Session. It is operated by the U.S. Bureau of Reclamation, which has contracted for an allotment of water to the Basalt Water Conservancy District. Green Mountain Reservoir for the benefit of the Basalt Water Conservancy District: The reservoir was originally decreed in Case Nos. 2782, 5016 and 5017, United States District Court, District of Colorado on October 12, 1955, with a date of appropriation of August 1, 1935. The source of the reservoir is the Blue River, tributary to the Colorado River. Its decreed storage capacity is 154,645 acre-feet. The reservoir is operated the U.S. Bureau of Reclamation in accordance with paragraph 5(a), (b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. Troy Ditch and Edith Ditch direct flow water rights may be used for augmentation, including one or more of the following structures:

Structure

Priority

Court Case No.

Adjudication Date

Application Date

Decreed Amount (cfs)

Use (4)

AMOUNT SOLD, TRANSFERRED OR RESERVED

AMOUNT REMAINING (10)

(5)

(6)

(7)

(8)

(9)

CFS

AF

Troy Ditch (1)

370

3082

08/25/1936

05/01/1906

5.10

I

0.000

0.000

0.095

0.064

0.035

4.906

N/A

Troy Ditch 1st Enlg

427

3082

08/25/1936

05/01/1928

10.80

I

0.000

0.000

0.200

0.134

0.073

10.393

N/A

Troy Ditch 2nd Enlg

669

4613

06/20/1958

06/01/1942

6.20

I

0.000

0.000

0.115

0.077

0.042

5.966

N/A

Edith Ditch

353

3082

08/25/1936

05/01/1904

2.72

I

0.110

0.132

0.050

0.000

0.018

2.410

N/A

Edith Ditch 1st Enlg

673

4613

06/20/1958

07/01/1946

3.23

I

0.000

0.000

0.060

0.000

0.022

3.148

N/A

Troy Ditch Water System aka Lower Headgate

(2)

W-2281

15.50(

3)

I,D,M C,P

0.110

0.132

0.520

0.275

0.190

14.273

412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South

Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.Remarks: In Case No. W-2281, District Court, Water Division No. 5, the Court decreed that

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 49

453 acre-feet of annual consumptive-use credits were available to these ditches and that 300 acre-feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre-feet of the 453 acre-feet of consumptive-use credits. It makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of the water court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by bypassing water at the headgates on the Frying Pan River. Information from previous decrees for Robinson Ditch rights:

Structure Decreed Amount/ cfs

Amount Owned by BWCD (cfs)(1)

Adjud. Date

Approp. Date

Priority

Case No. (2)

Robinson Ditch 5.00 1.21 05/11/1889

06/15/1882

38 132

Robinson Ditch 2.50 0.60 05/11/188

9 04/15/1886

140 132

Robinson Ditch 2.00 0.48 05/11/188

9 11/15/1886

167 132

Robinson Ditch 10.70 2.59 12/29/190

3 04/25/1899

212C 1061

Robinson Ditch 20.06 4.85 08/25/193

6 04/25/1900

326 3082

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) District Court in and for Garfield County. Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, Township 8 South, Range 87 West, 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under Basalt Water Conservancy District’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of the District’s Robinson Ditch rights to include augmentation. The District makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Statement of Plan for Augmentation pursuant to §§ 37-92-103(9), -302(1)(2) and -305(8), C.R.S. General Uses. Applicant owns the A.R. Smith Ditch No. 1, the Difficult Pump, which are both relatively junior irrigation water rights. The A.R. Smith No. 1 is decreed absolute to irrigate up to 1.75 acres on Applicant’s property and fill a small pond. The Difficult Pump is decreed absolute to irrigate up to another 5 acres on Applicant’s property. A portion of the A.R. Smith Ditch No. 1 contains water features and an irrigation-regulating pond which requires augmentation for evaporation. Both absolute water rights are located on Applicant’s property, which is described in Exhibit “A.” The structures and existing irrigation are depicted on the map attached hereto as Exhibit “B.” Evaporation and Irrigation Calculations. Applicant seeks to augment irrigation depletions from the A.R. Smith Ditch No. 1 and the Difficult Pump and evaporative depletions from the A.R. Smith Ditch No.1 with a multi-tiered plan, using the Wight Pond as a local supply for release, conservation measures, and relying on a Basalt Water Conservancy District Contract. Applicant’s engineers estimate the annual diversions associated with irrigating 5.57 acres are 12.15 acre-feet, with depletions of 9.72 acre-feet. The annual evaporation from the A.R. Smith water features and regulating pond equals 0.307 acre-feet, and the annual evaporation from the Wight Pond equals 0.837 acre-feet, for total evaporation of 1.144 acre-feet. The diversion/depletion and evaporative calculations are shown on Tables 1-5 attached hereto as Exhibit “C”. Dry Year Operational Analysis. When in-priority, Applicant will divert water through the A.R. Smith Ditch No. 1 at a rate of 0.20 c.f.s. to irrigate up to 1.75 acres and divert water through the Difficult Pump at a rate of 0.25 c.f.s. to irrigate up to 5 acres, as decreed. In addition, either water right may be used to fill and refill the Wight Pond in priority. However, in dry years the following will be implemented. Local Call. During periods of an administered call originating from a water right at or above the confluence of the Roaring Fork and Frying Pan Rivers, Applicant will implement conservation measures and reduce diversions from its water rights, so that only approximately 1.8 acres are irrigated with the A.R. Smith Ditch No. 1 and/or the Difficult Pump. Releases will be made from the Wight Pond to augment the reduced irrigation. A staff gage and low-level controllable outlet will be installed in the Wight Pond to allow releases to the Roaring Fork River. Alternately, if the Wight Pond is not constructed, if administered, Applicant will curtail its junior rights and

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provide transported water for irrigation of the reduced 1.8 acres of irrigation. Colorado River Call. During periods of an administered call originating from a water right at or below the confluence of the Roaring Fork and Frying Pan Rivers, which would otherwise prevent Applicant from diverting water by the A.R. Smith Ditch No. 1 and the Difficult Pump, Applicant will continue its diversions at the A.R. Smith Ditch No. 1 and the Difficult Pump, and the Basalt Water Conservancy District contract will provide augmentation water for such uses as described in ¶2., to replace out-of-priority depletions caused by irrigation and evaporation. All water ultimately allotted by the Basalt Water Conservancy District will be available to replace evaporative and irrigation depletions. Minimum Instream Flow Calls. To the extent an administered minimum streamflow water right call occurs on the Roaring Fork under Case No. W-2948, Applicant will implement its conservation plan and augment under this plan with local releases from the Wight Pond. Remarks: This plan for augmentation is a component part of an integrated legal water supply plan applied for in this case and in the Application for a Storage Water Right applied in Case No. 05CW284. Applicant owns the land upon which the A.R. Smith Ditch No. 1, the Difficult Pump and the Wight Pond are located, and where the water will be stored and beneficially used. (30 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 47. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW284 PITKIN COUNTY. ROARING FORK RIVER. Russell Wight, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Madoline E.S. Wallace, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR WATER STORAGE RIGHT. Name of Reservoir: Wight Pond. Legal description of reservoir dam: The Wight Pond will be located on the property described in Exhibit “A” attached hereto. A map of the property where the Wight Pond will be located is attached as Exhibit "B" hereto. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: A.R. Smith Ditch No. 1, capacity: 0.20 c.f.s, location: the point of diversion is at a point whence the West ¼ Corner Section 28, Township 10 South, Range 84 West of the 6th P.M. bears North 17°01’00” West 2677.9 feet which is also 800 feet East of the West line and 220 feet North of the South line of said Section 28, in Pitkin County. Difficult Pump, capacity 0.25 c.f.s., location: the point of diversion is North 76°30’ East 1195 feet from Southwest Corner of Section 28, Township 10 South, Range 84 West of the 6th P.M., in Pitkin County. Source: An unnamed tributary to the Roaring Fork River and the Roaring Fork River. Date of Appropriation: December 27, 2005. How appropriation was initiated: By field observation, initiating pond engineering design, intent to appropriate water rights and filing of this application. Date water applied to beneficial use: N/A. Amount claimed: 1.6 acre feet, conditional. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. 0.25 c.f.s., conditional. Uses: Irrigation, piscatorial, aesthetic, recreation, augmentation, and the right to fill and refill in priority. If irrigation, complete the following: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: Up to 6.75 acres. Legal description of acreage irrigated or to be irrigated: Irrigation will occur as indicated on the map attached as Exhibit “B” hereto, which is generally located in the S½of the SW¼SW¼, Section 28, Township 10 South, Range 84 West of the 6th P.M. Surface area of high water line: 0.3 acres. Maximum height of dam: less than 10 feet. Length of dam: Estimated at 250 feet. Total capacity of reservoir: 1.6 acre-feet. Active capacity: 1.6 acre-feet. Dead storage: 0 acre-feet. Applicant owns the land where the structure will be located and upon which the water will be stored and used. Remarks or any other pertinent information: This water right is a component of an integrated legal water supply plan applied for in this case, and in the Augmentation Plan filed contemporaneously in Case No. 05CW283. (13 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 48. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW285 RIO BLANCO COUNTY, APPLICATION FOR CHANGE OF WATER RIGHTS, APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE, Exxon Mobil Corporation, c/o Porzak Browning & Bushong LLP, Glenn E. Porzak, Kristin Howse Moseley, 929 Pearl Street, Suite 300, Boulder, CO 80302, 303-443-6800 and Scott Balcomb, David C. Hallford, Balcomb & Green, P.C., P.O. Box 790, Glenwood Springs, CO 81602, 970-945-6546. 1. Name and address of applicant: Exxon Mobil

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Corporation ("ExxonMobil"), P.O. Box 4358, CORP-MI-3006, Houston, TX 77210-4358. 2. Description of water rights to be augmented directly or by exchange: (a) Hunter Creek Well Nos. 1 through 30. Decreed by the District Court in and for Water Division No. 5 (the “Water Court”) in Case No. W-814 for 1 c.f.s. for each of the 30 wells, with an aggregate total of 30 c.f.s., for irrigation, industrial, domestic, municipal, recreation and other beneficial uses, including mining, retorting, processing, refining and production of oil and other products from oil shale, with an appropriation date of March 8, 1967. The Hunter Creek Well Nos. 1 through 30 and their collection system are located in Sections 21, 27, 28, 29, 31, 32, 33, 34, and 35, of T. 2 S., R. 97 W. of the 6th P.M.; in Sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 of T. 3 S., R. 97 W. of the 6th P.M.; and in Section 1, T. 3 S., R. 98 W. of the 6th P.M. The office of the State Engineer has issued the following well permit numbers for the indicated Hunter Creek Wells: Well No. Permit No. Date 1 12722-F February 8, 1968 2 13450-F December 24, 1968 3 13449-F December 24, 1968 12 14232-F July 18, 1969 (expired) 13 14233-F July 18, 1969 (b) Boies Reservoir. Decreed by the Rio Blanco County District Court in Civil Action 1269 for 31,020.8 a.f. for domestic, irrigation, industrial, municipal, recreation and manufacturing purposes with an appropriation date of July 10, 1961. The reservoir is located in Sections 19, 20, 29, 30, and 31, T. 2 S., R. 97 W. of the 6th P.M. and in Sections 24 and 25, T. 2 S., R. 98 W., 6th P.M. The initial point of survey of the high water line is located at a point whence the Southwest Corner of Section 19, T. 2 S., R. 97 W., 6th P.M. bears S. 80°28' W., a distance of 8,204 feet. 3. Augmentation Sources. The following water rights are the sources of the augmentation water: (a) Ryan Gulch Reservoir. This water right was decreed by the Rio Blanco County District Court in Civil Action No. 1269 for 22,635.2 acre-feet for industrial, municipal, domestic, recreational and manufacturing purposes, including water for the mining, retorting and production of shale oil from oil shale, with a December 15, 1963 appropriation date. The source of this water right is Piceance Creek and the Reservoir is located in Sections 21, 28, 29, 32 and 33, T. 1 S., R. 97 W., 6th P.M. and in Sections 4 and 5, T. 2 S., R. 97 W. of the 6th P.M. (b) White River Pumping Pipeline. This water right was decreed by the Rio Blanco County District Court in Civil Action No. 1269 for 100 cfs for industrial, domestic, municipal, recreational, manufacturing and other beneficial uses, with a December 15, 1963 appropriation date. The source of this water right is the White River, and the headgate of the pipeline is a pumping plant located at a point on the left bank of the White River whence corner No. 3 of Tract 40, Section 2, T. 1 N., R. 97 W. of the 6th P.M. bears South 10� 42' West a distance of 1507.2 feet and whence the South Quarter Corner of Section 2, T. 1 S., R. 97 W., 6th P.M. bears 01� 51' West a distance of 37,459.5 feet. (c) Up to 924 acre feet of historic consumptive use credits from the following described water rights owned by ExxonMobil that were quantified, changed and decreed by the Water Court in Case No. 98CW259 to include domestic, industrial, mining, commercial, irrigation, dust suppression, augmentation, replacement and exchange uses by direct diversion or storage as follows: (1) Love Ranch Water Rights. ExxonMobil owns the water rights described in the attached Exhibit A, which have been historically used from April through October to irrigate 250 acres located in portions of Sections 9 and 16, T. 2 S., R. 97 W., 6th P.M., resulting in a decreed consumption of 364 acre feet per year. (2) Boies/N&L Ditches. ExxonMobil owns the water rights described in the attached Exhibit B, which have been historically used from May through October to irrigate 71 acres located in portions of Sections 20, 31 and 36, T. 2 S., R. 97 and 98 W., 6th P.M., and Sections 20, 21, 27, 33 and 34, T. 3 S., R. 98 W., 6th P.M., resulting in a decreed consumption of 115 acre feet per year. (3) B&M Ditch. ExxonMobil owns the water rights described in the attached Exhibit C, which have been historically used from April through October to irrigate 81 acres located in portions of Sections 22, 25, 26 and 27, T. 2 S., R. 97 W., 6th P.M., resulting in a decreed consumption of 132 acre feet per year. (4) Hunter Creek Ditches. The water rights described in the attached Exhibit D have been historically used from April through October to irrigate 105 acres located in portions of Sections 19, 20, 30 and 31, T. 3 S., R. 97 W., 6th P.M., Section 36, T. 3 S., R. 98 W., 6th P.M., and Sections 14, 15, 16, 21 and 22, T. 4 S., R. 98 W., 6th P.M., resulting in a decreed consumption of 166 acre feet per year. (5) Willow Creek Ditches. The water rights described in the attached Exhibit E have been historically used from April through October to irrigate 90 acres located in portions of Sections 27 and 34, T. 3 S., R. 97 W., 6th P.M. and Sections 4 and 32, T. 4 S., R. 97 W., 6th P.M., resulting in a decreed consumption of 146 acre feet per year. (d) Boies Reservoir. More particularly described in paragraph 2(b) above. 4. Changes of Water Rights: By this application, ExxonMobil seeks the cumulative right to alternately divert 924 consumptive acre feet of the water rights described in paragraph 3(c) above at the points of diversion of the direct flow and storage rights described in paragraphs 2(a) and (b) above. 5. Plan for Augmentation and Exchange: ExxonMobil seeks the right to divert water out of priority on a year round basis from the water rights described in paragraph 2 above for all decreed uses in the Piceance Creek drainage basins. To permit the requested out of priority diversions hereunder, ExxonMobil proposes to cause the release of, or otherwise commit to the Piceance Creek drainage basins, an equivalent amount of water from the water rights described in paragraph 3 above. (a) Depletion Assumptions. (1) In determining the amount of depletions resulting from ExxonMobil’s use of water pursuant to this plan for augmentation and exchange, it is assumed that all diversions will be 100% consumed for purposes of this augmentation and exchange plan. (2) The Hunter Creek Wells described in paragraph 2(a) above have been or will be completed in the Parachute Creek Member

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of the Green Formation. The geologic strata in the vicinity dip toward the north. Consequently, pumping of the Hunter Creek Wells is anticipated to result in stream depletions to the main stem of Piceance Creek. The Glover method was used to determine the delayed depletions for the Hunter Creek Wells accruing to Piceance Creek. The Hunter Creek Wells were grouped into eight classifications based on distances to the stream ranging from 3,000 feet to 22,000 feet. Based on pumping tests of the existing Hunter Creek Wells and other published data, a transmissivity of 12,000 gpd/ft² and a storativity of 0.0001 were selected to best represent the aquifer. The results of the Glover delayed depletion analysis are shown in the attached Exhibit F, and shall be utilized in determining the timing of depletions from the Hunter Creek Wells. (b) Measurement Devices. So as to assure the operation of the augmentation and exchange plan, ExxonMobil will install appropriate headgates and measuring devices in all ditches sufficient to control and measure water diversions as may be required by the Division Engineer. The structures shall provide adequate flow measurement and control the diversion of water under the water rights decreed herein so that diversions will not be made when the water rights decreed herein are out-of-priority unless authorized in this decree and augmented pursuant to the subject plan for augmentation. (c) Exchange Plan and Reaches. ExxonMobil seeks the right to divert by exchange the water rights as more particularly described in paragraph 4(a) at a rate of exchange of 10 c.f.s. The downstream terminus of all the exchanges is White River Pumping Pipeline. The upstream termini of the exchanges are as follows: Exchange Creek Location Piceance Creek NW1/4 SE1/4, Section 8, T. 3 S., R. 95 W., 6th P.M., 3,700 feet from the North

section line and 3,000 feet from the West section line of said Section 8. Willow Creek NW1/4 SE1/4 of Section 4, T. 4 S., R. 97 W., 1800 feet from S. section line and

1900 feet from E. section line of said Section 4. Hunter Creek NW1/4 SW1/4 of Section 31, T. 3 S., R. 97 W., 2200 feet from S. section line and

900 feet from W. section line of said Section 31 Fawn Creek SW1/4 NE1/4 of Section 22, T. 3 S., R. 98 W., 1500 feet from N. section line and

1550 feet from E. section line of said Section 22. Upper Black Sulphur Creek SE1/4 NW1/4 of Section 5, T. 3 S., R. 98 W., 1800 feet from N. section line and

1600 feet from W. section line of said Section 5 Middle Fork Stewart Creek SE1/4 NE1/4 of Section 4, T. 4 S., R. 96 W., 1600 feet from N. section line and

1100 feet from E. section line of said Section 4 (d) Priority Date. ExxonMobil seeks a December 14, 2005 priority date in connection with the subject proposed plan for exchange. 6. Terms and Conditions. (a) Previous Augmentation Plan: Nothing contained herein shall modify any of the relevant terms and conditions contained in the augmentation and exchange plan decreed in Case No. 98CW159. (b) Cumulative Claims. Cumulatively, the use of the augmentation sources described in paragraph 3(c) both in the present case and in Case No. 98CW259, shall not exceed 924 consumptive acre feet. (c) Season of Use. ExxonMobil agrees that its use of the consumptive use credits described in paragraph 3(c) above shall only be utilized during the adjudicated historic irrigation season as specifically detailed in paragraph 9(a) of the decree in Case No. 98CW259. 7. Name(s) and address(es) of owner(s) of land on which structures 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: (a) Applicant. (b) U.S. Bureau of Land Management, 2815 H Road, Grand Junction, CO 81506. WHEREFORE, ExxonMobil requests that this Court enter a decree which: (i) Approves ExxonMobil’s change of water rights described in paragraph 4; (ii) Approves ExxonMobil’s plan for augmentation and exchange described in paragraph 5, including all assumptions in connection therewith; and (iii) Finds that as a result of ExxonMobil’s change of water rights and augmentation and exchange plan there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional right. (10 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 49. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW286 GARFIELD, EAGLE, PITKIN AND SUMMIT COUNTIES, CO. Alluvial groundwater tributary to the Colorado River. App. for Underground Water Right and Approval of Plan for Aug. Including Exchange of Wayne Rudd c/o Scott Balcomb and Sara M. Dunn, Balcomb & Green, PO Drawer 790, Glenwood Springs, CO 81602 (970)945-6546 Structure: BMR East Well (Permit No. 261022). Legal: NW1/4 NE1/4 of Sec. 26, T7S, R96 W. 6PM, within 100 ft. of the CO. River at a point located 4,700 ft. from the S. Sec. line and 3,100 ft. from the W. Sec. line, Sec. 26. Depth: Approx. 55 ft.; Approp. 12/22/2004 by formation of intent to Approp.,

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applying water to beneficial use and field investigation. Amt. 50 g.p.m., cond. for Irr. of 10.0 ac., in conjunction with BMR West Well. Legal description of the land Irr. 10.0 ac. located in the property identified on the map attached hereto as Exhibit A. BMR West Well (Permit 261023). Legal: NW1/4 NE1/4 of Sec. 26, T7 S., R96 W. 6PM within 100 ft. of the CO. River at a point located 4,570 ft. from the S. Sec. line and 2,550 ft. from the W. Sec. line of said Sec. 26. Depth: Approx. 83 ft.; Approp. 12/22/2004 by formation of intent to Approp., applying water to beneficial use and field investigation. Amt. 50 g.p.m., cond. for Irr. of 10.0 ac., in conjunction with BMR East Well located within the property identified on the map attached to the Application on file with the Ct. as Ex. A. Plan for Aug. for BMR E. Well (Permit No. 261022) and BMR W. Well (Permit 261023). Previous Decrees for water rights to be used for aug: Wolford Mountain Reservoir. The River Dist. owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir). Case No. 87CW283: Decreed 11/20/1989. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Sec. 25, T2N, R. 81 W., 6PM. The intersection of the dam axis (Sta. D19+35.61) with the W. Access Road (Sta. WR50+55.05) occurs at a point which bears S. 53 deg. 24'56" E. 3,395.51 ft. from the NW corner of said Sec. 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75 deg. 28' 29" E.; Source: Muddy Creek and its tributaries. Previous storage decrees: Case No. 87CW283: Decreed: 11/20/1989, Dist. Ct., Water Div. 5. Amt: 59,993 a.f. Approp. 12/14/1987; Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. Case No. 95CW281: Decreed: 8/26/1997, Dist. Ct., Water Div. 5; Amt: 6,000 a.f. (enlargement). Approp. 1/16/1995. Use: All beneficial uses by and for the benefit of the inhabitants of the River Dist., including but not limited to Dom., Muni., Ind., Irr., Ag., piscatorial, Rec. and environmental mitigation, including but not limited to Dom., Muni., Ind., Irr., Ag., piscatorial and Rec.; such uses will include environmental mitigation, including requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, aug., or exchange. Case No. 98CW237: Decreed: 7/6/2000. Dist. Ct., Water Div. 5. Amt.: 30,000 a.f. (refill). Approp. 11/17/1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Cases No. 87CW283 and Case No. 95CW281, both summarized above. Ruedi Reservoir. The River Dist. holds Contracts No. 009D6C0111, 009D60118 and 03F6C0011 from the U.S. Bureau of Reclamation for 1,730 AF of annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. Legal description of place of storage: Ruedi Reservoir is located in Sec.s 7, 8, 9, 11 and 14 through 18, T8S, R. 84 W., 6PM, in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Sec. 7, T8S, R84 W. 6PM bears N. 82 deg. 10'W. a distance of 1,285 ft. Source: Fryingpan River. Previous storage decrees: CA No. 4613: Decreed: 6/20/1958 Garfield Cty. Dist. Ct. Amt.: 140,697.3 AF, reduced to 102,369 AF pursuant to order of the Dist. Ct., Water Div. 5 in Case No. W-789-76. Approp. 7/29/1957. Use: Dom., Muni., Irr., Ind., generation of electrical energy, stock watering and piscatorial. Case No. 81CW34: Decreed: 4/8/1985. Dist. Ct., Water Div. 5. Amt.: 101,280 a.f. (refill). Approp. 1/22/1981. Use: Irr., Dom., Muni., generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. Green Mountain Reservoir Information from previous decree for Green Mountain Reservoir: Source: Blue River, tributary of CO. River Legal description: located Approx. 16 miles Southeast of the Town of Kremmling in Summit Cty., CO., and more particularly in all or parts of Sec.s 11, 12, 13, 14, 15, and 24 of T2S, R80 W., and in Sec.s 17, 18, 19, 20, 21, 28, 29, and 34, T2 S., R79 W. 6PM. Adjudicated: 10/12/1955 Approp. 8/1/1935 Case No: 2782, 5016, and 5017, Ct.: U.S. Dist. Ct., Dist. of CO. Decreed Amt: 154,645 AF Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the Sec. entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Statement of plan for augmentation covering all applicable matters under C.R.S. §37-92-103(9), 302(1)(2) and 305(8): Applicant contemplates irrigation of 10 ac. The annual consumptive use of the wells will be 24.4 AF, both wells, associated with 10.0 ac. of irrigation with an estimated application efficiency of 50% and a crop irr. requirement of 2.44 ft. annually. The water demand is summarized in the Water Demand and Consumptive Use Summary attached to the Application on file with the Ct. as Ex. B. Depletions associated with diversions at the BMR E. and BMR W. Wells on Battle Mountain Ranch will be augmented using water released from Ruedi Reservoir, Wolford Mountain Reservoir and/or Green Mountain Reservoir. Applicant will either enter into an allotment contract with the CO. River Water Conservation Dist. for use of the above identified reservoirs or will enter into a long-term contract directly with the Bureau of Reclamation for Ruedi Reservoir or Green Mountain Reservoir. Name(s) and address(es) of owner(s) of land on which structure(s) 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: Applicant and U.S. Dept. of Interior, Bureau of Reclamation, Eastern CO. Area Office, 11056 W. CR 18 E, Loveland, CO 80537-9700. (10 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

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50. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW287 GRAND COUNTY. ELK CREEK. Cornerstone Winter Park Holdings LLC, c/o Patrick, Miller & Kropf, P.C., Kevin L. Patrick, Esq. and Paul L. Noto, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR DIRECT FLOW AND STORAGE RIGHTS. Name of Reservoir: CWP-FM Reservoir. Legal description of reservoir dam: NW ¼ NW ¼ of Section 29, Township 1 South, Range 75 West, 6 P.M. 1050 feet from the North Section Line and 170 feet from the West Section Line (Grand County). A map of the reservoir is attached as Exhibit "A" hereto. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: CWP-FM Pump and Pipeline, capacity: 1.0 c.f.s. Source: Elk Creek, a tributary to the Fraser River. Date of Appropriation: July 27, 2005. How appropriation was initiated: By field observation, development of an engineering design to construct the pond and feeder ditch, intent to appropriate water rights and filing of this application. Date water applied to beneficial use: N/A. Amount claimed: 25.0 acre feet, Conditional, with the right to fill and refill when water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. 1.0 cfs, Conditional. Uses: Irrigation, piscatorial, aesthetic, recreation and augmentation and exchange. If irrigation, complete the following: Number of acres historically irrigated: n/a. Total number of acres proposed to be irrigated: Up to 25 acres of land within the Applicant’s Grand Park Project. Legal description of acreage irrigated or to be irrigated: Up to 25 acres of land within the Applicant’s Grand Park Project, a legal description of which is attached hereto as Exhibit “B”. Surface area of high water line: 2.0 acres. Maximum height of dam: Under 10 feet (partial excavation). Length of dam: 550 feet. Total capacity of reservoir: 25.0 acre-feet. Active capacity: 25.0 acre-feet. The name(s) and address(es) of owner(s) 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. (Identify where dam is located and land within high water line.) Applicant. Name of structure: CWP-FM Pump and Pipeline. Legal description of each point(s) of diversion: NW ¼ NW ¼ of Section 29, Township 1 South, Range 75 West, 6 P.M. 1185 feet from the North Section Line and 35 feet from the West Section Line (Grand County). Source: Elk Creek, a tributary of the Fraser River. Date of initial appropriation: July 27, 2005. How appropriation was initiated: By field observation, development of an engineering design to construct the pond and feeder ditch, intent to appropriate water rights and filing of this application. Date water applied to beneficial use: n/a. Amount claimed: 1.0 cfs, Conditional. Uses or proposed uses: To fill and refill, when water is physically and legally available, the CWP-FM Reservoir applied for herein for the subsequent uses described in paragraph 7, above. If irrigation, complete the following: See paragraph 7A(2) above. Number of acres historically irrigated n/a; proposed to be irrigated: See paragraph 7A(2) above. Legal description of acreage: See paragraph 7A(2) above. If non-irrigation, describe purpose fully, See paragraph 7, above. The name(s) and address(es) of the owner(s) 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. Applicant. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 51. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW288 Grand County, Application for Change of Water Rights, Shorefox, LLC, c/o Caloia, Houpt & Hamilton, P.C., 1204 Grand Avenue, Glenwood Springs, CO. Shorefox Diversion No. 2. Previous decree: 03CW336. Point of diversion: In the SW¼ NE¼, Sec 30, T/2/ N, R/76/W, 6th P.M., Grand County, Colorado at a point located 2500 feet from the North Section line and 2540 feet from the W Section line of said Section 30. Source: Colorado River. Approp date: 8/11/ 2003. Amt: 5 cfs , cond. Historical use: Water has not yet been diverted and applied to beneficial use under this conditional water right. Pursuant to the pending application in Case No. 03CW336, this water right will be applied to use for irrigation, recreation, aesthetic, wildlife habitat and watering, commercial, construction, fire protection, piscatorial use and storage in the North Shorefox Pond and Shorefox Cutthroat Trout Refugium for subsequent application to all beneficial uses authorized to be made of water stored in the North Shorefox Pond and Shorefox Cutthroat Trout Refugium as claimed in Case No. 03CW336. Proposed Change: Applicant requests approval of alternate points of diversion at three points: Shorefox Diversion No. 4: At a point on the left bank of the Colorado River in the NW¼ of the SE¼ of Sec 25, T/2/N, R/77/W 6th P.M. 2,500 ft W of the E Sec line and 2,230 ft N of the S Sec line of Sec 25. Shorefox Diversion No. 5: At a point on the right bank of the Colorado River in the SW¼ of the NW¼ of Sec 30, T/2/N, R/76/W 6th P.M. 110 ft E of the W Sec line and 2,430 ft S of the N Sec line of Sec 30. Shorefox Diversion No. 6: At a point on the southern bank of an existing pond in the SW¼ of the SE¼ of Sec 25, T/2/N, R/77/W

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6th P.M. 2,200 ft W of the E Sec line and 640 ft N of the S Sec line of Sec 25. The source of water at Shorefox Diversion Nos. 4 and 5 is the Colorado River. The source of water at Shorefox Diversion No. 6 is groundwater trib to Smith Creek and the Colorado River. All three points of diversion are downstream of Shorefox Diversion No. 2. No other change is requested. Shorefox Diversion No. 3. Previous decree: Case Nos. 03CW333 and 03CW336. Point of diversion: In the NE¼ SW¼, Sec 30, T/2/N, R/76/ W, 6th P.M., Grand County, Colorado at a point located 2700 ft from the N Sec line and 2540 ft from the S Sec line of Sec 30. Source: Colorado River. Approp Date: 8/11/2003. Amt claimed: 4 cfs, conditional in Case No. 03CW333, and 5 cfs, conditional in Case No. 03CW336. Historical use: Water has not yet been diverted and applied to beneficial use under this conditional water right. The conditional water right claimed for diversion through this structure in pending Case No. 03CW333 will be applied to use for irrigation, recreation, aesthetic, wildlife habitat and watering, storage, augmentation, commercial, construction, and piscatorial uses. The conditional water right claimed for diversion through this structure in pending Case No. 03CW336 will be applied to use for irrigation, recreation, aesthetic, wildlife habitat and watering, commercial, construction, fire protection, piscatorial use and storage in the South Shorefox Pond and Shorefox Fish Pond System for subsequent application to all beneficial uses authorized to be made of water stored in South Shorefox Pond and Shorefox Fish Pond System as claimed in Case No. 03CW336. Proposed Change: Applicant requests approval of two alternate points of diversion for the subject conditional water right at two points: Shorefox Diversion No. 4 and 6 described above. Both points of diversion are downstream of Shorefox Diversion No. 3. No other change is requested. Shorefox Diversion No. 1. Previous decree: Case No. 03CW336. Point of diversion: In the SW¼ SW¼, Sect 20, T/2/N, R/76/ W, 6th PM., Grand County, Colorado at a point located 4350 ft from the N Sec line and 1150 ft from the W Sec line of Sec 20. Source: Colorado River. Approp Date: 8/11/2003. Amt claimed: 5 cfs, cond. Historical use: Water has not yet been diverted and applied to beneficial use under this conditional water right. Pursuant to the pending application in Case No. 03CW336, this water right will be applied to use for irrigation, recreation, aesthetic, wildlife habitat and watering, commercial, construction, fire protection, piscatorial use and storage in the North Shorefox Pond and Shorefox Cutthroat Trout Refugium for subsequent application to all beneficial uses authorized to be made of water stored in the North Shorefox Pond and Shorefox Cutthroat Trout Refugium as claimed in Case No. 03CW336. Proposed Change: Applicant requests approval of an alternate point of diversion for the subject conditional water right at Shorefox Diversion No. 5 described above. Shorefox Diversion No. 5 is located downstream of Shorefox Diversion No. 1. No other change is requested. Owner of land on which all points of diversion are located: Applicant. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 52. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW289 Garfield and Rio Blanco Counties - Roaring Fork River; Crystal River; Parachute Creek and all its tributaries; Colorado River. Application for Storage Water Right, Change of Water Right and Plan for Augmentation. American Soda, L.L.P. c/o Scott Balcomb and Christopher L. Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Background. Applicant owns portions of the following decreed water rights described below, which shall be utilized as further described in this application. These water rights may be referred to collectively in this Application as the “Subject Water Rights.” Parachute Creek Reservoir. Pumping Pipeline of Union Oil Company of California. Union 76 Water Well Nos. 1, 1A, 2, 3, 4 and 5. Parachute Creek drainage water rights that were included in the augmentation plans decreed in Case Nos. W-2206 and 99CW300. Certain of the Roaring Fork drainage water rights that were included in the augmentation plans decreed in Case No. W-2206 and 99CW300. Info. from Previous Decrees for Parachute Creek Reservoir: Decree date: 7/26/1971. Case No.: W-252, Water Div. No. 5. Court: Dist. Ct., Water Div. No. 5. Decreed Legal Description: The intersection of center line of the dam axis with the center line of Parachute Creek which is located at a point whence the S. quarter corner of Sec. 36, T. 5 S., R. 96 W. of the 6th P.M., bears N. 6 degrees 42' E. a distance of 9,049.8 ft. Source: Parachute Creek and all its tributaries, all of which are tributary to the Colorado River, and the Colorado River from which water will be diverted and carried to said reservoir by means of Applicant's interest in the Pumping Pipeline of Union Oil Company of California. Pursuant to the Decree entered in Case No. W-2206, the reservoir can also be filled and refilled with certain historical consumptive-use credits associated with irrigation in the Roaring Fork River drainage and Parachute Creek drainage (see below). A copy of the W-2206 Decree is Exhibit A to this application on file with the court which is incorporated herein by this reference. Appropriation Date: 12/15/1966. Decreed Amt.: 33,773 a.f. (conditional), of which Applicant owns 3,366 a.f. (Applicant owns an undivided 19.93% interest as a tenant-in-common with EnCana Oil & Gas (U.S.A.) Inc. in one half of the reservoir). Decreed Uses: In W-252, this Court decreed as uses of this water right mining, retorting, refining, power,

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municipal, industrial, mechanical, domestic and purposes for which water may be required in connection with the production of shale oil and its products. In 99CW300, this Court entered a decree confirming that this water right “may be used for general industrial, mining, processing, retorting, refining and commercial purposes, including (without limiting the generality of the foregoing) any and all uses in connection with all aspects of Applicant’s project to extract nacholite and other minerals (including oil shale).” 99CW300 Decree, page 22, paragraph 17. Historical Use: N/A. Diligence Findings: This Court has entered findings of reasonable diligence regarding Parachute Creek Reservoir in Case Nos. W-252-72, W-252-76, 80CW459, 84CW660, 88CW167, 96CW011 and 02CW210. Info. from Previous Decrees for Pumping Pipeline of the Union Oil Company of California ("Pumping Pipeline"): Decree date: 9/5/1952. Case No.: Civil Action 4004. Court: Garfield Cty. Dist. Decreed Point of Diversion: the intake is located at a point on the westerly or northwesterly bank of the Colorado River, whence the sec. corner common to Secs. 6 and 7, T. 7 S., R. 95 W. of the 6th P.M., and Secs. 1 and 12, T. 7 S., R. 96 W. of the 6th P.M. bears S. 89 degrees 05' W. 3,364.65 ft. Source: Colorado River. Appropriation Date: 2/14/1949. Amt.: 118.5 cfs, of which Applicant owns 10 cfs. Decreed Use: In CA4004, this Court decreed as uses of this water right industrial, retorting, mining, refining, power, domestic, and all other purposes used in connection with the production of shale oil and its products, and for water necessary or convenient in the operation of such plants, and of the persons and lands used for the housing of employees of such company in connection with the plant and their families. In 99CW300, this Court entered a decree confirming that this water right “may be used for general industrial, mining, processing, retorting, refining and commercial purposes, including (without limiting the generality of the foregoing) any and all uses in connection with all aspects of Applicant’s project to extract nacholite and other minerals (including oil shale).” 99CW300 Decree, page 22, paragraph 17. In 01CW058, this Court decreed 1.56 c.f.s. of this water right absolute for industrial, mining, processing, refining and commercial purposes and 0.85 c.f.s. absolute for domestic purposes. Historical Use: The water right was decreed for fully consumptive industrial and other purposes. Remarks: Certain change decrees were entered for the Pumping Pipeline right in Case Nos. W-3946, 81CW319, 83CW349 (including, for example, to change the right from direct flow to include direct flow and storage for subsequent use, and to include irrigation for reclamation). In 83CW349, the Court also confirmed that the use of the Pumping Pipeline was contemplated to be 100% consumptive (including use and reuse) dating back to the date of the original C.A. 4004 decree. Diligence decrees were entered for the conditional portion of the Pumping Pipeline in Case Nos. W-26, W-26-74, W-26-76, 80CW171, 84CW144, 88CW135, 91CW162, 94CW241, and 01CW058. Applicant’s Parachute Creek drainage and Roaring Fork River drainage rights (see below) may also be diverted at the Pipeline, pursuant to the Decree in Case No. W-2206. Info. From Previous Decree for Union 76 Water Well No. 1: Decree date: 10/11/1972. Case No.: W-1345. Court: Water Ct., Water Div. No. 5. Decreed Point of Diversion: situated in the NE1/4, NE1/4 of Sec. 36, T. 5 S., R. 96 W. of the 6th P.M., and is located at a point whence an iron post with a brass cap found in place and properly marked for the closing corner on the sec. line between Secs. 25 and 30 and the southerly line of Tract No. 37 bears N. 30 degrees 57'30" E. 589 ft. in Garfield Cty. Source: ground water tributary to Parachute Creek. Appropriation Date: 7/1/1955. Amt.: 0.52 cfs (236 gpm), absolute. Decreed Use: domestic, industrial, stock watering, fire protection, and other beneficial purposes. Historical Use: The right was diverted and used in conjunction with UNOCAL’s project for domestic, industrial and fire protection purposes. Remarks: Union 76 Water Well No. 1 is an alternate point of diversion for certain of Applicant’s water rights described in the decree in Case No. W-2206 (see also below). Union 76 Water Well No. 1 is also a decreed alternate point of diversion for 2.75 cfs of the Pumping Pipeline, see Case No. W-3946. In 99CW300, this Court entered a decree confirming that this water right “may be used for general industrial, mining, processing, retorting, refining and commercial purposes, including (without limiting the generality of the foregoing) any and all uses in connection with all aspects of Applicant’s project to extract nacholite and other minerals (including oil shale).” 99CW300 Decree, page 22, paragraph 17. Info. From Previous Decree for Union 76 Water Well No. 1A: Decree date: 8/14/1980. Case No.: 79CW328. Court: Dist. Ct., Water Div. No. 5. Decreed Point of Diversion: located in the NE1/4 NE1/4 of Sec. 36, T. 5 S., R. 96 W. of the 6th P.M. at a point 575 ft. S. of the North line and 320 ft. W. of the East line of said Sec. 36. Source: ground water tributary to Parachute Creek. Appropriation Date:10/13/1977. The well was approved as a supplemental well for the Union 76 Well No. 1 (Permit No. 6045-F). Union 76 Well No. 1A was completed and water was first applied to beneficial use on 01/12/1978. Amt.: In Case No. 79CW328, Union 76 Well No. 1A was decreed absolute for 0.52 cfs for livestock watering, fire protection, and irrigation; and conditional for domestic, commercial, municipal, industrial, oil shale mining and processing. In Case No. 84CW126, the conditional uses were decreed absolute. The pumping rate and average annual appropriation of Well Nos. 1 and 1A combined are limited to 236 gpm and 381 a.f., respectively. Decreed Use: See above. Historical Use: The right was diverted and used in conjunction with UNOCAL’s project for domestic, industrial and fire protection purposes. Remarks: Union 76 Water Well No. 1A is an alternate point of diversion for certain of Applicant’s water rights described in the decree in Case No. W-2206 (see also below). Union 76 Water Well No. 1A is also decreed as an alternate point of diversion for 2.75 cfs of the Pumping Pipeline, see Case No. W-3946. In 99CW300, this Court entered a decree confirming that this water right “may be used for general industrial, mining, processing, retorting, refining and commercial purposes, including (without limiting the generality of the foregoing) any and all uses in connection with all aspects of Applicant’s project to extract nacholite and other minerals (including oil shale).” 99CW300 Decree, page 22, paragraph 17. Info. from previous Decrees for Union 76 Water Well Nos. 2 through 5: Decree date: 3/14/1985. Case No.: 82CW380. Court: Water Ct.,Water Div. No. 5. Decreed Points of Diversion: Union 76 Water Well No. 2 is located in the SE1/4

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NE1/4 of Sec. 36, T. 5 S., R. 96 W., of the 6th P.M., at a point 1550 ft. from the N. sec. line and 550 ft. from the E. sec. line of said sec. Union 76 Water Well No. 3 is located in the NE1/4 SE1/4 of Sec. 36, T. S., R. 96 W., of the 6th P.M., at a point 1950 ft. from the S. sec. line and 850 ft. from the E. sec. line of said sec. Union 76 Water Well No. 4 is located in the SE1/4 SE1/4 of Sec. 25, T. 5 S., R. 96 W., of the 6th P.M., at a point 1300 ft. from the S. sec. line and 650 ft. from the E. sec. line of said sec. Union 76 Water Well No. 5 is located in the SE1/4 SE1/4 of Sec. 25, T. 5 S., R. 96 W., of the 6th P.M., at a point 400 ft. from the S. sec. line and 350 ft. from the E. sec. line of said sec. Source: Parachute Creek alluvium. Appropriation Date: 12/4/1980. Amt. and Uses: Absolute for industrial purposes: Union 76 Water Well No. 2: 0.495 cfs (222 gpm). Union 76 Water Well No. 3: 0.524 cfs (235 gpm). Union 76 Water Well No. 4: 0.557 cfs (250 gpm). Union 76 Water Well No. 5: 0.557 cfs (250 gpm). Conditional for industrial purposes: Union 76 Water Well No. 2: 0.062 cfs (28 gpm). Union 76 Water Well No. 3: 0.033 cfs (15 gpm). Conditional for domestic, municipal, irrigation, and all other uses related to the provision of a water supply for oil shale mining, processing and refining facilities and operations, including storage for such purposes, in the amount of 0.557 cfs (250 gpm) for each well. Historical Use: The rights were diverted and used in conjunction with UNOCAL’s project for domestic, industrial and fire protection uses. Remarks: These wells are alternate points of diversion for certain of Applicant's water rights described in the decree in Case No. W-2206 (see also below), and alternate points of diversion for a portion of the Pumping Pipeline under the W-3946 decree. Diversions from the wells were contemplated to be 100% consumptive. Applicant's predecessors have maintained diligence on these rights in Case Nos. 89CW58 (wherein portions were also made absolute), 97CW58 and 03CW142. In 99CW300, this Court entered a decree confirming that these water rights “may be used for general industrial, mining, processing, retorting, refining and commercial purposes, including (without limiting the generality of the foregoing) any and all uses in connection with all aspects of Applicant’s project to extract nacholite and other minerals (including oil shale).” 99CW300 Decree, page 22, paragraph 17. Parachute Creek drainage and Roaring Fork River drainage rights: Applicant has acquired all of the Parachute Creek drainage rights and a portion of the Roaring Fork River drainage rights that in Case No. W-2206 were changed and included in the plan for augmentation, including exchange, decreed in Case No. W-2206 (see e.g., pages 32-41 of the W-2206 Decree). In 99CW300, this Court entered a decree confirming that these water rights “may be used for general industrial, mining, processing, retorting, refining and commercial purposes, including (without limiting the generality of the foregoing) any and all uses in connection with all aspects of Applicant’s project to extract nacholite and other minerals (including oil shale).” 99CW300 Decree, page 22, paragraph 17. These rights are more particularly described below. Info. from previous decrees for Parachute Creek drainage rights: Starkey Gulch Ditch. Decreed point of diversion: out of Parachute Creek, with headgate located at a point on the S. bank of Starkey Gulch, whence the NW corner of Sec. 33, T. 6 S., R. 96 W. of the 6th P.M., bears N. 60 degrees 27' E. a distance of 1,073 ft. Amt.: 4.32 cfs. Court: Dist. Ct., Garfield Cty. Case No.: W-248. Date of appropriation: 8/1/1901. Decree date: 7/26/1971. Charley Dere Ditch. Decreed point of diversion: out of the middle fork of Parachute Creek, with headgate being located on the W. bank of said creek at a point from which the W1/4 corner of Lot 9, Sec. 18, T. 5 S., R. 95 W. of the 6th P.M., bears S. 60 degrees 00' W. 559 ft. Amt. and priority of diversion: 0.25 cfs out of priority no. 205. 0.58 cfs out of priority no. 207A. Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 205, Case No. 3124, Appropriation date: 10/01/1914, Decree date: 01/04/1937; Priority No. 207a, Case No. 3124, Appropriation date: 03/01/1926, Decree date: 01/04/1937. Parachute Ditch. Former decreed point of diversion: about three and one-quarter miles above the mouth of Parachute Creek and also at a point from which the N1/4 corner of Sec. 3, T. 7 S., R. 96 W. of the 6th P.M. bears S. 54 degrees 00' E. 1936 ft. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate is situated in Lot 12 of Sec. 34, T. 6 S., R. 96 W. of the 6th P.M. located at a point whence the S1/4 corner of said Sec. 34 bears S. 56 degrees 04'47" E. a distance of 1569.99 ft., and the diversion point is situated in Lot 12 of Sec. 34, T. 6 S., R. 96 W. of the 6th P.M. located at a point whence the S1/4 corner of said Sec. 34 bears S. 53 degrees 16'18" E. a distance of 2019.35 ft. Amt. and priority of diversion:0.30 cfs out of priority no. 9. 2.37 cfs out of priority no. 131. 1.30 cfs out of priority no. 145. 0.035 cfs out of priority no. 149. 19.72 cfs out of priority no. 207Q. Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 9 (originally decreed to the Daisy Ditch and transferred to the Parachute Ditch by decree dated 4/23/1910, in Case No. 1413, for use through the Vieweg Ditch), Case No. 103, Appropriation date: 05/17/1883, Decree date: 05/11/1889; Priority No. 131, Case No. 103, Appropriation date: 04/01/1888, Decree date 05/11/1889; Priority No. 145, Case No. 469, Appropriation date: 04/25/1890; Decree date: 04/27/1892; Priority No. 149, Case No. 469, Appropriation date: 11/09/1891, Decree date: 04/27/1892; Priority No. 207Q, Case No. 3124, Appropriation date: 03/01/1926, Decree date: 01/04/1937. Vieweg Ditch. Former decreed point of diversion: an enlargement and extension of the Parachute Ditch, the headgate thereof being situated about 2.5 miles above the headgate of the Daisy Ditch. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 12 of Sec. 34, T. 6 S., R. 96 W. of the 6th P.M. located at a point whence the S1/4 corner of said Sec. 34 bears S. 57 degrees 48'14" E. a distance of 1501.90 ft. Amt. and priority of diversion: 1.60 cfs out of priority no. 152A. Court: Dist. Ct., Garfield Cty. Case No.: 745. Date of appropriation: 5/1/1893. Decree date: 11/9/1897. P.L.R. Ditch. Former decreed point of diversion: on the N. bank of the East Fork of Parachute Creek at a point whence the quarter corner common to Secs. 29 and 30, T. 5 S., R. 95 W. of the 6th P.M., bears N. 88 degrees 15' W. 2120 ft. but which by actual survey is located on said creek at a point whence the NW corner of Sec. 30, T. 5 S., R. 95 W. of the 6th P.M. bears N. 69 degrees 56' W., a distance of 7814 ft. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in

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the NE1/4 SW1/4 of Sec. 29, T. 5 S., R. 95 W. of the 6th P.M. located at a point whence the W1/4 corner of said Sec. 29 bears N. 75 degrees 52'36" W. a distance of 1531.53 ft. Amt. and priority of diversion: 0.45 cfs out of priority no. 206; 1.05 cfs out of priority no. 207E; 0.38 cfs out of priority no. 202; 0.87 cfs out of priority no. 207F; 1.04 cfs out of priority no. 204; 2.42 cfs out of priority no. 207D. Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 206 (originally decreed to the Zelmo Ditch and transferred by decree dated 7/15/1968 to the P.L.R. Ditch in Case No. 6316), Case No. 3124, Appropriation date:05/01/1922, Decree date: 01/04/1937; Priority No. 207E (originally decreed to the Zelmo Ditch and transferred by decree dated 7/15/1968 to the P.L.R. Ditch in Case No. 6316), Case No. 3124, Appropriation date: 03/01/1926, Decree date: 01/04/1937; Priority No. 202 (originally decreed to the Bessie Ditch and transferred by decree dated 7/15/1968 to the P.L.R. Ditch in Case No. 6316), Case No. 3124, Appropriation date: 05/01/1913, Decree date: 01/04/1937; Priority No. 207F (originally decreed to the Bessie Ditch and transferred by decree dated 7/15/1968 to the P.L.R. Ditch in Case No. 6316), Case No. 3124, Appropriation date: 03/01/1926, Decree date: 01/04/1937; Priority No. 204, Case No. 3124, Appropriation date: 05/01/1914, Decree date: 01/04/1937; Priority No. 207D, Case No. 3124, Appropriation date: 03/01/1926, Decree date: 01/04/1937. East Fork Ditch. Former decreed point of diversion: on the N. bank of the East Fork of Parachute Creek at a point in the SE1/4 SW1/4 of Sec. 30, T. 5 S., R. 95 W. of the 6th P.M. and at a point whence the S1/4 corner, Sec. 30, T. 5 S., R. 95 W. of the 6th P.M., bears S 86 degrees 35' E., 1,185 ft., but which by actual survey is located on the N. bank of the East Fork of Parachute Creek, whence the NW corner of Sec. 30, T. 5 S., R. 95 W. of the 6th P.M., bears N. 39 degrees 45' W. a distance of 5387 ft. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 15 of Sec. 30, T. 5 S., R. 95 W. of the 6th P.M. located at a point whence the witness corner to the S1/4 of said Sec. 30 bears S. 30 degrees 49'00" E. a distance of 164.26 ft. Amt. and priority of diversion: 0.44 cfs out of priority no. 179BB. 3.47 cfs out of priority no. 207G. 0.80 cfs out of priority no. 126A. 1.85 cfs out of priority no. 154BB. Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 179BB, Case No. 2011, Appropriation date: 08/01/1912, Decree date: 03/27/1920; Priority No. 207G, Case No. 3124, Appropriation date: 03/01/1926, Decree date: 01/04/1937; Priority No. 126A (originally decreed to the Parachute Highline Ditch and transferred by decree dated 7/15/1968 to the East Fork Ditch in Case No. 6316), Case No. 1059, Appropriation date: 03/03/1888, Decree date:12/29/1903; Priority No. 154BB (originally decreed to the Parachute Highline Ditch and transferred by decree dated 7/15/1968 to the East Fork Ditch in Case No. 6316), Case No. 1059, Appropriation date: 04/20/1895, Decree date: 12/29/1903. Davenport Ditch. Former decreed point of diversion: at a point whence the W1/4 corner, Sec. 30, T. 5 S., R. 95 W. of the 6th P.M. bears N. 87 degrees 45' E. 650 ft., but which, by actual survey is located on the west bank of the Middle Fork of Parachute Creek, whence the NW corner of Sec. 30, T. 5 S., R. 95 W. of the 6th P.M. bears N. 9 degrees 55' W., a distance of 871 ft. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 4 of Sec. 30, T. 5 S., R. 95 W. of the 6th P.M. located at a point whence the NW corner of said Sec. 30 bears N. 04 degrees 15' 54" W. a distance of 1450.09 ft. Amt. and priority of diversion: 2.0 cfs out of priority no. 143C. 5.69 cfs out of priority no. 207C. 1.33 cfs out of priority no. 199. 3.09 cfs out of priority no. 207H. Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 143C, Case No. 723, Appropriation date: 5/1/1889, Decree date: 6/16/1898; Priority No. 207C, Case No. 3124, Appropriation date: 3/1/1926, Decree date: 1/4/1937; Priority No. 199 (originally decreed to the Highline Ditch and transferred by decree dated 7/15/1968 to the Davenport Ditch in Case No. 6316), Case No. 3124, Appropriation date: 5/1/1888, Decree date: 1/4/1937; Priority No. 207H (originally decreed to the Highline Ditch and transferred by decree dated 7/15/1968 to the Davenport Ditch in Case No. 6316), Case No. 3124, Appropriation date: 3/1/1926, Decree date: 1/4/1937. C.C.D. Ditch. Former decreed point of diversion: at a point whence the witness quarter corner common to Secs. 18 and 19, T. 5 S., R. 95 W. of the 6th P.M. bears S. 52 degrees 54' E. 210 ft. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 2 of Sec. 19, T. 5 S., R. 95 W. of the 6th P.M. located at a point whence the witness corner to the west corner common to Sec. 18 and Sec. 19, said T. and R., bears N. 03 degrees 23'32" W. a distance of 3382.28 ft. Amt. and priority of diversion: 0.76 cfs out of priority no. 203. 1.77 cfs out of priority no. 207B. Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 203, Case No. 3124, Appropriation date: 4/1/1914, Decree date: 1/4/1937; Priority No. 207B, Case No. 3124, Appropriation date: 3/1/1926, Decree date: 1/4/1937. West Fork Ditch. Former decreed point of diversion: at a point whence the point of cliff bears N. 53 degrees E. 1660 ft., and a point of cliff bears S. 14 degrees E. 2090 ft., and also at a point whence the W1/4 corner, Sec. 30, T. 5 S., R. 95 W. of the 6th P.M. bears S. 88 degrees 45' E. 2375 ft. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in the SE1/4 NW1/4 of Sec. 25, T. 5 S., R. 96 W. of the 6th P.M. located at a point whence the NW corner of Sec. 30, T. 5 S., R. 95 W. of the 6th P.M. bears N. 50 degrees 23'08" E. a distance of 3539.31 ft. Amt. and priority of diversion: 1.30 cfs out of priority no. 168A. Court: Dist. Ct., Garfield Cty. Case No.: 2011. Date of appropriation: 5/18/1903. Decree date: 3/27/1920. Spring Ditch. Former decreed point of diversion: about 50 ft. from the range line between Ranges 95 and 96 and also at a point whence the E1/4 corner of Sec. 25, T. 5 S., R. 96 W. of the 6th P.M. bears S. 1 degrees 45' E. 1616 ft. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in the SE1/4 NE1/4 of Sec. 25, T. 5 S., R. 96 W. of the 6th P.M. located at a point whence the NW corner of Sec. 30, T. 5 S., R. 95 W. of the 6th P.M. bears N. 00 degrees 05'14" E. a distance of 1621.30 ft. Amt. and priority of diversion: 0.12 cfs out of priority no. 177AA. Court: Dist. Ct., Garfield Cty. Case No.: 2011. Date of appropriation: 11/1/1909. Decree date: 3/27/1920. Granlee Ditch. Former decreed point of

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diversion: at a point near the southerly side of the NE1/4 NW1/4 of Sec. 4, T. 6 S., R. 96 W. and at a point from which the W1/4 corner of Sec. 4, T. 6 S., R. 96 W. of the 6th P.M., bears S. 30 degrees 30' W. 3785 ft. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate is situated in Lot 1 of Sec. 4, T. 6 S., R. 96 W. of the 6th P.M. located at a point whence the W1/4 corner of said Sec. 4 bears S. 35 degrees 19'27" W. a distance of 3145.60 ft., and the diversion point is situated in Lot 1 of Sec. 4, T. 6 S., R. 96 W. of the 6th P.M. located at a point whence the W1/4 corner of said Sec. 4 bears S. 35 degrees 17'16" W. a distance of 3195.56 ft. Amt. and priority of diversion: 7.49 cfs out of the following priorities: 0.24 cfs out of priority no. 143AA (decreed for 0.4 cfs). 2.16 cfs out of priority no. 154A (decreed for 3.6 cfs). 0.6 cfs out of priority no. 158AA (decreed for 1.0 cfs). 0.96 cfs out of priority no. 161AA (decreed for 1.6 cfs). 3.53 cfs out of priority no. 207I (decreed for 6.09 cfs). Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 143AA, Case No. 781, Appropriation date: 4/1/1889, Decree date: 2/20/1900; Priority No. 154A, Case No. 781, Appropriation date: 4/15/1895, Decree date: 2/20/1900; Priority No. 158AA, Case No. 1345, Appropriation date: 5/6/1900, Decree date: 2/4/1909; Priority No. 161AA, Case No. 1345, Appropriation date: 11/5/1901, Decree date: 2/4/1909; Priority No. 207I, Case No. 3124, Appropriation date: 3/1/1926, Decree date: 1/4/1937. Riley Ditch. Former decreed point of diversion: about 1200 ft. NW of the SW corner of SW1/4 of Sec. 34, T. 6 S., R. 96 W. of the 6th P.M. and also described as being at a point from which the NW corner of Sec. 3, T. 7 S., R. 96 W. of the 6th P.M. bears S. 76 degrees 00' W. 587 ft. distant. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 1 of Sec. 4, T. 7 S., R. 96 W. of the 6th P.M. located at a point whence the NE corner of said Sec. 4 bears N. 74 degrees 08'07" E. a distance of 524.04 ft. Amt. and priority of diversion: 0.80 cfs out of priority no. 141A; 0.20 cfs out of priority no. 200; 0.30 cfs out of priority no. 207P. Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 141A, Case No. 1357, Appropriation date: 7/1/1888, Decree date: 4/16/1909; Priority No. 200, Case No. 3124, Appropriation date: 6/1/1891, Decree date: 1/4/1937; Priority No. 207P, Case No. 3124, Appropriation date: 3/1/1926, Decree date: 1/4/1937. Benson and Barnett Ditch. Former decreed point of diversion: about 100 yards N. on the N. line of the NW1/4 NW1/4 of Sec. 9, T. 6 S., R. 96 W. of the 6th P.M. and also described as being at a point from which the corner common to Secs. 5, 4, 8, and 9, T. 6 S., R. 96 W. of the 6th P.M. bears S. 57 degrees 00' W. 1220 ft. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 11 of Sec. 4, T. 6 S., R. 96 W. of the 6th P.M. located at a point whence the SW corner of said Sec. 4 bears S. 58 degrees 58'56" W. a distance of 972.72 ft. Amt. and priority of diversion: 4.917 cfs out of the following priorities: 1.317 cfs out of priority no. 144BBBB (decreed for 2.3 cfs). 3.6 cfs out of priority no. 207J (decreed for 6.21 cfs). Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 144BBBB, Case No. 947, Appropriation date: 3/25/1890, Decree date: 2/24/1902; Priority No. 207J, Case No. 3124, Appropriation date: 3/1/1926, Decree date: 1/4/1937. Low Cost Ditch. Former decreed point of diversion: about eight miles above the mouth of Parachute Creek and also described as being located at a point from which the N1/4 corner of Sec. 20, T. 6 S., R. 96 W. of the 6th P.M. bears S. 18 degrees 00' W. 800 ft. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 13 of Sec. 17, T. 6 S., R. 96 W. of the 6th P.M. located at a point whence the S1/4 corner of said Sec. 17 bears S. 18 degrees 11'00" W. a distance of 789.61 ft. Amt. and priority of diversion: 22.89 cfs out of the following priorities: 4.35 cfs out of priority no. 83 (decreed for 5.0 cfs); 7.82 cfs out of priority no. 132 (decreed for 9.0 cfs); 10.72 cfs out of priority no. 207O (decreed for 12.34 cfs); Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 83, Case No. 103, Appropriation date: 1/4/1887, Decree date: 5/11/1889; Priority No. 132, Case No. 103, Appropriation date: 4/1/1888, Decree date: 5/11/1889; Priority No. 207O, Case No. 3124, Appropriation date: 3/1/1926, Decree date: 1/4/1937. Historical use of Parachute Creek drainage rights: The said Parachute Creek drainage rights were historically used to irrigate the lands identified in Exhibit “C” to the Decree in Case No. W-2206. This Court decreed in Case No. W-2206 that the total consumptive use resulting from the irrigation diversions was 1380.3 a.f. in an average year (The Decree states that a total of 1395.9 AF of consumptive use was associated with the rights identified in Exhibit “C.” Applicant has not included the Ida Dere Ditch in this case (the historical consumptive use of which was 15.6 a.f.)). The allocation of the consumptive-use credits by ditch is set forth in Table 1 in Exhibit “C” to the Decree in Case No. W-2206. Info. from previous decrees for Roaring Fork drainage rights: Applicant acquired all of the Roaring Fork drainage rights that were associated with the dry up of lands within the historical Kinsall Ranch, Wulfsohn Ranch and Sanders Ranch that were permanently removed from irrigation prior to 1975 as a result of the construction of Highway 82. These lands are identified in Exhibit “B” to the Decree in Case No. W-2206. The rights associated with the dry up are: Weaver & Leonhardy Ditch and Rockford Ditch. Former decreed point of diversion: about one mile above the mouth of Rock Creek (now Crystal River), and further described as at a point about 175 ft. N. of Rock Creek Bridge and being S. 47 degrees 54' E. 901 ft. from its sec. corner common to Secs. 28, 29, 32 and 33, T. 7 S., R. 88 W. of the 6th P.M. and near the center of the NW1/4 NW1/4 of said Sec. 33 according to the old survey. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate is situated in Lot 6 of Sec. 33, T. 7 S., R. 88 W. of the 6th P.M. located at a point whence the NW corner of said Sec. 33 bears N. 52 degrees 27'17" W. a distance of 3214.47 ft., and the diversion point is situated in Lot 6 of Sec. 33, T. 7 S., R. 88 W. of the 6th P.M. located at a point whence the NW corner of said Sec. 33 bears N. 51 degrees 31'22" W. a distance of 3299.29 ft. Amt. and priority of diversion: 1.96 cfs out of priority no. 117; 3.04 cfs out of priority no. 399; Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 117 (originally decreed to Weaver & Leonhardy Ditch and transferred in Case No. 2316 by decree dated 3/20/1923 to the Rockford

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Ditch and from there to the Southard & Cavanaugh by decree dated 10/11/1966 in Case No. 5967), Case No. 132, Appropriation date: 4/20/1885, Decree date: 5/11/1889; Priority No. 399 (originally decreed to the Rockford Ditch and from there to the Southard & Cavanaugh by decree dated 10/11/1966 in Case No. 5967), Case No. 3082, Appropriation date: 6/4/1915 , Decree date: 8/25/1936. Staton Ditch. Former decreed point of diversion: on the N. bank of Cattle Creek, about two miles from the mouth, in Sec. 16, T. 7 S., R. 88 W. of the 6th P.M. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Tract 37 of Sec. 16, T. 7 S., R. 88 W. of the 6th P.M. located at a point whence the NW corner of said Sec. 16 bears N. 25 degrees 34'11" W. a distance of 818.74 ft. Amt. and priority of diversion: 0.06 cfs out of priority no. 53; 0.06 cfs out of priority no. 79; 0.17 cfs out of priority no. 299. Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 53, Case No. 132, Appropriation date: 2/15/1883, Decree date: 5/11/1889; Priority No. 79, Case No. 132, Appropriation date: 3/1/1884, Decree date: 5/11/1889; Priority No. 299, Case No. 3082, Appropriation date: 4/15/1890, Decree date: 8/25/1936. Atkinson Canal. Former decreed point of diversion: on the S. bank of the Roaring Fork River at a point about three miles S. of the City of Glenwood Springs, and about one-fourth of a mile above the point where the Cardiff Bridge crosses said river. As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate is situated in the NW1/4 SW1/4 of Sec. 22, T. 6 ., R. 89 W. of the 6th P.M. located at a point whence the NW corner of said Sec. 22 bears N. 32 degrees 49'36" W. a distance of 1481.51 ft., and the diversion point is situated in the NW1/4 SW1/4 of Sec. 22, T. 6 S., R. 89 W. of the 6th P.M. located at a point whence the NW corner of said Sec. 22 bears N. 48 degrees 25'08" W. a distance of 1875.80 ft. Amt. and priority of diversion: 2.03 cfs out of priority no. 105A; 0.48 cfs out of priority no. 107A; 3.39 cfs out of priority no. 228; 5.81 cfs out of priority no. 594. Court: Dist. Ct., Garfield Cty. Decretal Info.: Priority No. 105A, Case No. 1056, Appropriation date: 12/20/1884, Decree date: 3/18/1909; Priority No. 107A, Case No. 1225, Appropriation date: 3/25/1885, Decree date: 2/15/1907; Priority No. 228, Case No. 1388, Appropriation date: 4/12/1909, Decree date: 10/30/1909; Priority No. 594, Case No. 4033, Appropriation date: 3/19/1950, Decree date: 10/24/1952; Historical use of Roaring Fork River drainage rights: The Weaver & Leonhardy Ditch and Rockford Ditch water rights described above were historically used to irrigate 60 acres of what was known as the Kinsall Ranch, resulting in an average annual consumptive use of 109.8 a.f., as described and quantified in the decree in W-2206 (attached as Exhibit A to this Application). The Staton Ditch water rights described above were historically used to irrigate part of the 20 acres of what is known as the Sanders Ranch, resulting in an average annual consumptive use of 10.37 a.f., as described and quantified in the decree in Case No. W-2206. (A total of 22 a.f. of average annual historical consumptive use was associated with the full 20 acres of irrigation, and the remaining 11.63 a.f. (22 a.f. total less the 10.37 a.f.) were changed in Case No. 90CW156 for augmentation of the Coryell Ponds. The said 11.63 a.f. are separate and distinct from the 10.37 a.f. included in this Application.) The Atkinson Canal water rights described above were historically used to irrigate 78 acres on what is know as the Wulfsohn Ranch, resulting in an average annual consumptive use of 142.7 a.f., as described and quantified in the decree in Case No. W-2206. Change of Water Rights. Water Right to be Changed: Applicant’s interest in the Subject Water Rights described above. Proposed Changes: Place of Storage: Applicant requests approval of an alternate place of storage of 30.9 a.f. of its Parachute Creek Reservoir, as filled by any of its decreed supply sources, to the location of the American Soda Stormwater Retention Pond described below. To the extent that Applicant’s other Subject Water Rights are decreed as sources for filling Parachute Creek Reservoir as described above, Applicant requests confirmation that those rights may also be used as sources for filling the Parachute Creek Reservoir at the alternate point requested herein. The American Soda Stormwater Retention Pond described below is located downstream on Parachute Creek from the original decreed location of the Parachute Creek Reservoir. Applicant shall only store its Parachute Creek Reservoir water right at the location of its Stormwater Retention Pond when there is physical supply available in priority at the decreed location of the Parachute Creek Reservoir, when Applicant’s interest in the Pumping Pipeline, at any of its decreed points of diversion, is available in priority for diversion through the Pumping Pipeline and delivery into the Stormwater Retention Pond, when Applicant’s interests in its Parachute Creek drainage water rights are available in priority for diversion through the Pumping Pipeline and delivery into the Stormwater Retention Pond, or when Applicant’s interests in its Roaring Fork River drainage water rights are available in priority at their original decreed locations for diversion through the Pumping Pipeline and delivery into the Stormwater Retention Pond. Place of use: The prior decrees for the Subject Water Rights contemplated use in the Colorado River Basin and Piceance Creek Basin. Applicant seeks confirmation that the use of the Subject Water Rights for industrial use in the development of oil and gas resources at existing and future well, refining and processing locations in Garfield and Rio Blanco counties within the Colorado River and Piceance Creek basins is consistent with the decrees for the Subject Water Rights. These industrial uses for oil and gas development will occur on lands owned or leased by Applicant, or by parties in privity with Applicant, at existing and future oil and gas well, refining and processing locations in Garfield and Rio Blanco counties within the Colorado River and Piceance Creek basins. Remarks: The contemplated consumptive use of the Subject Water Rights, including uses in the Colorado River and Piceance Creek basins, is one-hundred percent. No enlarged use of the Subject Water Rights will occur beyond that already contemplated and decreed in the Case Nos. W-2206 and 99CW300. No injury will occur to other vested or decreed conditional water rights as a result of entry of a decree that changes the Subject Water Rights as herein described. Claim for Storage Water Right. Name of Structure: American Soda Storm Water Retention Pond. Legal Description: The Southwest corner of the pond is located 406.25 ft. E. of the W. sec. line and 375 ft. N. of the S. sec. line of Sec. 35, T. 6 S., R. 96 W., 6th P.M., Garfield

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Cty. The pond is located on Applicant’s property. Sources: Parachute Creek and surface water tributary thereto, which is captured by the pond during precipitation events. Applicant’s interests in the Subject Water Rights pursuant to the change sought above. Date of Appropriation: March, 2000. How appropriation was initiated: By construction of the reservoir. Date water applied to beneficial use: Beneficial use has occurred for portions of the claimed amount in each year since construction of the reservoir in 2000; the reservoir achieved a complete fill in 2005. Amt.: 30.9 af, with the right to fill and refill in priority. If off channel reservoir, rate of diversion in c.f.s. for filling reservoir: When serving its function as a stormwater retention pond, which captures surface flows tributary to Parachute Creek, the rate of filling will be variable. When filling under Applicant’s interests in the Subject Water Rights pursuant to the change sought above, the rate of diversion shall be limited to the combined rates of diversion of the Subject Water Rights, provided that when the Subject Water Rights are delivered to the Stormwater Retention Pond through the Pumping Pipeline, the rate of diversion shall be limited to Applicant’s interest (which is currently 10 c.f.s.) in said pipeline. Use or proposed use: If irrigation, complete the following: n/a. Number of acres historically irrigated: n/a. Total number of acres proposed to be irrigated: n/a. Legal description of acreage irrigated or to be irrigated: n/a. If non-irrigation, describe purpose fully: General industrial, mining, processing, retorting, refining and commercial purposes, including (without limiting the generality of the foregoing) any and all uses (including storm water retention in connection with all aspects of Applicant’s project to extract nacholite and other minerals (including oil shale) and also and development of oil and gas resources at existing and future well, refining and processing locations in Garfield and Rio Blanco counties within the Colorado River and Piceance Creek basins. The Applicant’s uses of water stored are anticipated to be 100 percent consumptive. Surface area of high water line: 3.0 acres. Maximum height of dam: N/A. The pond is an excavated structure. Length of dam: N/A. Total capacity of reservoir: 30.9 a.f. Name and address of owner of land on which pond is located: Applicant. Remarks: The pond operates as a storm water retention facility, and is in this regard a requisite component of Applicant’s industrial operation. The pond is also used as a supply source for Applicant’s industrial operations. The pond is comprised of two cells between which water flows freely through culverts. The cells are lined with a single layer of 60 mil HDPE liner. The N. cell is 386 ft. long and 216 ft. wide. The S. cell is 425 ft. long and 110 ft. wide. There is an 18 foot roadway between the cells. Claim for Approval of Plan for Augmentation. Water Rights to be Augmented: Parachute Creek Reservoir (when stored at the Stormwater Retention Pond location described above). Stormwater Retention Pond (as described above). Water Rights to be used for Augmentation: Applicant’s Roaring Fork drainage, Parachute Creek drainage, and Parachute Creek Reservoir rights (described above). Description of Plan for Augmentation: During times when a valid call senior in priority to Applicant’s Stormwater Retention Pond and/or Parachute Creek Reservoir water right is in effect, out-of-priority diversions into the Stormwater Retention Pond under these priorities will be augmented either with historical consumptive-use credits decreed to Applicant’s Roaring Fork River drainage and Parachute Creek drainage water rights, or with releases from Applicant’s interest in the Parachute Creek Reservoir. If these replacement sources are unavailable, said out-of-priority diversions will be released from the Stormwater Retention Pond into Parachute Creek (i.e.- not stored). Historical consumptive-use credits decreed to Applicant’s Roaring Fork River drainage water rights shall be bypassed at the headgates of such structures and used to satisfy valid administrative calls originating on the Colorado River below its confluence with Parachute Creek. The historical consumptive-use credits decreed to Applicant’s Roaring Fork River drainage water rights shall also be available to Applicant for diversion at the Pumping Pipeline for delivery to Parachute Creek above the calling right to satisfy valid administrative calls originating on Parachute Creek and the Colorado River. Pursuant to this Court’s Decree in Case No. W-2206, Applicant’s Roaring Fork River drainage water rights are available for this purpose between April 15 and September 30 each year. Historical consumptive-use credits decreed to Applicant’s Parachute Creek drainage water rights shall be bypassed at the headgates of such structures and used to satisfy valid administrative calls originating on Parachute Creek below the headgates of such structures, and on the Colorado River below its confluence with Parachute Creek. The historical consumptive-use credits decreed to Applicant’s Parachute Creek drainage water rights shall also be available to Applicant for diversion at the Pumping Pipeline for delivery to Parachute Creek above the calling right to satisfy valid administrative calls originating on Parachute Creek and the Colorado River. Pursuant to this Court’s Decree in Case No. W-2206, Applicant’s Parachute Creek drainage water rights are available for this purpose between April 15 and October 31 each year. When a valid call senior in priority to Applicant’s Stormwater Retention Pond and/or Parachute Creek Reservoir water right is in effect, and when Applicant’s Roaring Fork River drainage, Parachute Creek drainage, and/or Parachute Creek Reservoir, water rights are not available as a replacement supply, Applicant shall release from storage in the Stormwater Retention Pond water stored in priority pursuant to the priorities for its Stormwater Retention Pond and/or Parachute Creek Reservoir water rights in an amount equal to any out-of-priority depletions, including evaporative depletions, and an additional amount as necessary to cover reasonably demonstrable carriage losses. Exhibit B to this Application is a table demonstrating evaporative depletions from the Stormwater Retention Pond. Applicant shall only be required to replace those evaporative depletions from waters stored out of priority as occur between the time of storage and the releases required hereunder. In accordance with the Decree entered in Case No. W-2206, the transit loss to be assessed for delivery of Applicant’s Roaring Fork River drainage water rights to Applicant’s Parachute facility is 6.36 AF annually. The said 6.36 AF is calculated as follows: the total 262.87 AF of Roaring Fork River drainage rights included in this case, divided by the total 289.1 AF of Roaring Fork River drainage rights included and quantified in Case No. W-2206, multiplied by the 7.0 AF of transit losses assessed for the Roaring Fork River drainage water rights

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included decreed in Case No. W-2206. Applicant will account for diversions of the Subject Water Rights, and augmentation replacement using the said Roaring Fork River drainage rights, Parachute Creek drainage rights, releases from Parachute Creek Reservoir (at its original or alternate location) and releases from the Stormwater Retention Pond, on a form acceptable to the Div. Engineer. Applicant’s requested plan for augmentation is consistent with the plans for augmentation decreed in W-2206 and 99CW300, which also rely in part on the Subject Water Rights. Except to the extent that the plan for augmentation requested herein makes the Subject Water Rights available for augmentation of the Stormwater Retention Pond and Parachute Creek Reservoir when stored at the location of the Stormwater Retention Pond, this application does not amend or modify the plans for augmentation decreed in W-2206 and 99CW300, and the decrees approving those plans for augmentation are unchanged and shall remain in full force and effect (e.g.- augmentation of the Pumping Pipeline and of Parachute Creek Reservoir at its original decreed location shall continue to be controlled by the decrees in Case Nos. W-2206 and 99CW300). Operation of the augmentation plan will prevent injury to senior vested and decreed conditional water rights. (30 pages + exhibits). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 53. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005 05CW290 Name, address and telephone number of Applicant: Breckenridge Sanitation District (“District”), Andrew Carlberg, District Manager, P.O. Box 1216, Breckenridge, CO 80424, (970) 453-2723; c/o Lisa C. Ledet, Esq., Vranesh and Raisch, LLP, P.O. Box 871, Boulder, CO 80306, (303)443-6151. APPLICATION FOR SURFACE WATER RIGHT OF BRECKENRIDGE SANITATION DISTRICT IN SUMMIT COUNTY. Names of Structure: Blue River Improvement Project (“Project”). Description of Project and Surface Water Right: A. The District has identified the need for additional waste water treatment in the future and has identified the Blue River Improvement Project as a plan that will provide more dilution water to treat the effluent discharged from the District’s Iowa Hill Water Reclamation Facility (“Iowa Hill”), and that will improve water quality in the reach of the Blue River that extends downstream from Iowa Hill to the District’s Farmer’s Korner Waste Water Reclamation Facility (“Farmer’s Korner”). B. Effluent from Farmer’s Korner mixed with water diverted from the Blue River through the District’s Flow Splitting Channel under the District’s existing water rights decreed in Case Nos. 92CW300 and 96CW255 will be pumped in a pipeline to a location upstream of Iowa Hill and discharged to the Blue River (“Farmer’s Korner Discharge”). The District will divert and control the Farmer’s Korner Discharge water through a series of measuring devices and control structures placed at various locations in the Blue River between the point of discharge and Farmer’s Korner. The Farmer’s Korner Discharge would not be in the Blue River but for the actions of the District, including without limitation, the District’s construction and operation of the Project, and is claimed as developed water for the use of the District and as set forth in this Application. C. The District has determined that it will need all of the Farmer’s Korner Discharge water for effluent dilution, mixing, and improvement of water quality purposes, which are beneficial uses of the water. There may be times when all of the Farmer’s Korner Discharge water is not needed for these purposes, and the District has agreed that the Town of Breckenridge may purchase water that is not needed by the District. The Town may use the Farmer’s Korner Discharge water that it purchases, by direct use or by exchange of water under other water rights, for domestic, municipal, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife propagation and augmentation purposes, in accordance with law and subject to approval of the State Engineer or Water Court. Legal Description of Points of Diversion: A.The Farmer’s Korner Discharge water claimed by the District will be pumped upstream through a pipeline and delivered to the Blue River at one or more locations between the confluence of French Creek with the Blue River and the current discharge point for Iowa Hill. This reach of the Blue River is located within Section 30, Township 6 South, Range 77 West, 6th P.M., Summit County Colorado, as shown on the map attached hereto as Exhibit A. B. The Farmer’s Korner Discharge water claimed by the District, which would not be in Blue River but for the actions of the District, will be diverted by controlling this water in the natural channel of the Blue River through the installation of measuring devices and control structures at locations downstream of Iowa Hill, in the reach of the Blue River between the current discharge point for Iowa Hill and the District’s Flow Splitting Channel diversion structure below Swan Road bridge. This reach of the Blue River is located within Sections 6, 7, 18, 19, and 30, Township 6 South, Range 77 West, and Section 31, Township 5 South, Range 77 West, all in the 6th P.M., Summit County, Colorado. Currently measuring devices and control structures are planned for the following three general locations: 1) the Iowa Hill discharge location, which is located in the W 1/2 NW 1/4 of Section 30, Township 6 South, Range 77 West, 6th P.M., Summit County, Colorado; 2) the Highway 9 Bridge, which is located in the E 1/2, SW 1/4 of Section 7, Township 6 South, Range 77 West, 6th P.M., Summit County,

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Colorado; and 3) the Swan Road Bridge (a/k/a Swan Mountain Road Bridge), which is located in the S 1/2, SE 1/4 of Section 31, Township 5 South, Range 77 West, 6th P.M., Summit County, Colorado, as shown on the map attached hereto as Exhibit A. The District will conduct additional studies to determine whether these and/or any other structures will be needed within the stream reach to accomplish the purposes of effluent dilution, mixing, and improving water quality. Source: Farmer’s Korner Discharge, which contains a mixture of effluent from Farmer’s Korner mixed with water diverted under the District’s existing water rights from the Blue River, a tributary of the Colorado River. Date of Initiation of Appropriation: November 11, 2005. How Appropriation Initiated: The appropriation was initiated by the adoption of a Resolution by the District’s Board of Directors, stating its intent to appropriate the Farmer’s Korner Discharge; by posting signs at the proposed points of diversion and control; by publication of notice of appropriation in the Summit Daily News; and by filing this application. Date Water Applied to Beneficial Use: The water has not yet been applied to beneficial use. Amount Claimed: 17.52 cfs, conditional. 8. Proposed Uses: A. The Farmer’s Korner Discharge will be used for non-consumptive industrial purposes, including further treatment by dilution of and mixing with the effluent from Iowa Hill, and for the purpose of improving water quality in the Blue River from Iowa Hill to Farmer’s Korner. B. In addition, at times when all of the Farmer’s Korner Discharge may not be needed for effluent dilution, mixing, and water quality purposes, the water may be used, by direct use or by exchange of water under other water rights, for domestic, municipal, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife propagation and augmentation purposes. Names of Owners of Land Upon Which Structures Will Be Located: The District owns the land or has an easement for the use of the land upon which the diversion structures and use of water is located. Remarks: The Farmer’s Korner water that is pumped back and discharged into the Blue River would not flow in this reach of the Blue River but for the Blue River Improvement Project, and therefore is not available to any other existing or future water rights in the Blue River upstream of Farmer’s Korner and the District’s Flow Splitting Channel absent an agreement with the District to enable such use. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 54. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW291 PITKIN COUNTY. ROARING FORK RIVER. 2053 McClain Flats Road, LLC, and 2075 McLain Flats Road, LLC, c/o Kevin L. Patrick, Esq., and Paul L. Noto, Esq., Patrick, Miller & Kropf, P.C., 730 East Durant, Suite 200, Aspen, Colorado, 81611, (970) 920-1028. APPLICATION FOR SURFACE WATER RIGHT. FIRST CLAIM: Name of structure: K.N.C.B. Moore Ditch Extension. Legal description of point of diversion: The point of diversion is located on the south bank of an unnamed tributary (sometimes referred to as Trentaz Gulch) at a point from which the SW corner of Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8˚08’ West 1304.32 feet (Pitkin County). Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Date of initial appropriation: October 13, 2005. How appropriation was initiated: By formulation of intent to appropriate water for the purposes stated herein, design of the ponds which will be filled by the ditch and posting notice. Date water applied to beneficial use: N/A, conditional. Amount claimed: 1.0 cfs (449 gpm), conditional. Uses or proposed uses: If irrigation, complete the following: Number of acres historically irrigated: N/A ; proposed to be irrigated: N/A . Legal description of acreage: N/A. If non-irrigation, describe purpose fully: To fill and refill Paul’s Pond, Aspen Lake, Quinn’s Corner Pond, Lizzy Peas Pond and K Bear’s Point Pond claimed by applicant 2053 McClain Flats Road, LLC in Case No. 05CW293, and to fill and refill Michael’s Pond, Jessi’s Waters Pond, Robert’s Springs Pond and Pete’s Pond claimed by applicant 2075 McLain Flats Road, LLC in Case No. 05CW295, for subsequent aesthetic, recreational and piscatorial purposes. The names and addresses of the owners 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. Applicants. Remarks: The water right claimed herein is a component part of an integrated water supply plan for Applicants’ properties, together with Paul’s Pond, Aspen Lake, Quinn’s Corner Pond, Lizzy Peas Pond and K Bear’s Point Pond claimed by applicant 2053 McClain Flats Road, LLC in Case No. 05CW293, and Michael’s Pond, Jessi’s Waters Pond, Robert’s Springs Pond and Pete’s Pond claimed by applicant 2075 McLain Flats Road, LLC in Case No. 05CW295. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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

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5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 55. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW292 EAGLE COUNTY. ANTONIDES CREEK A/K/A LOST CREEK. Town of Gypsum, c/o Patrick, Miller, & Kropf, P.C., Kevin L. Patrick, Esq. and Paul L. Noto, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028). APPLICATION FOR SURFACE WATER RIGHTS. Name of structure: Town Supply Ditch. Legal description of each point of diversion: An existing headgate situated on an existing ditch also being situate in Township 7 South, Range 84 West of the 6th Principal Meridian, Eagle County, Colorado, being more particularly described as follows. Beginning at the said headgate whence the Southeast Corner of Section 2, in said Township 7 South, Range 84 West of the 6th Principal Meridian, a stone found in place, bears N01°56’53” E a distance of 6444.46 feet, more or less. All bearings being relative to the bearing between said Southeast Corner of Section 2 and the Northwest Corner of Section 25, Township 6 South, Range 85 West of the 6th Principal Meridian, an aluminum cap found in place, using a bearing of N64°50’35”W, more or less, between said monuments. See attached Exhibit B. Source: (tributary and river) Antonides Creek a/k/a Lost Creek. Date of initial appropriation: October 7, 1998. How appropriation was initiated: Field inspection, surveying and engineering, public hearings respecting the acquisition and use of the water rights which divert at this location and for which this application constitutes and enlargement, and monumentation. Date water applied to beneficial use: n/a. Amount claimed: 30.0 cfs, conditional. Uses or proposed uses: Domestic, irrigation, commercial, industrial, street washing, fire protection and all other municipal purposes including augmentation and exchange. The water delivered will be used by direct usage and by storage within LEDE Reservoir pursuant to the Town’s Eye Lake/Wolcott Reservoir enlargement water right decreed in Case No. 00CW325 and the Town Enlargement Storage water right described in Claim Number Two, below. If irrigation, complete the following: Number of acres historically irrigated n/a; proposed to be irrigated, up to 200 acres of lawns, gardens and open space irrigation located within the municipal limits of the Town of Gypsum, as such may be modified by time to time as well as property served extraterritorially by the Town pursuant to contract. Legal description of acreage: A description of the current and general municipal boundaries of the Town is depicted in the attached Exhibit A. The name(s) and address(es) of the owner(s) 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. The headgate is located on the United States Forest Service property (White River National Forest) and will be accessed and utilized pursuant to a Special Use Permit with the Forest Service, application pending. Remarks: The subject water right is a component part of the Town’s integrated water supply project for the municipal demands of the Town of Gypsum. Water delivered will be stored for Town use within any existing unused capacity of LEDE Reservoir as well as any enlargement thereof constructed by the Applicant. Name of structure: Town Enlargement Storage Water Right. Legal description of reservoir dam: An existing valve operator situated on the crest of the existing dam of L.E.D.E. Reservoir also being situate in Township 7 South, Range 84 West of the 6th Principal Meridian, Eagle County, Colorado, being more particularly described as follows. Beginning as the said existing valve operator whence the Southeast Corner of Section 2, in said Township 7 South, Range 84 West of the 6th Principal Meridian, a stone found in place, bears N84°04’45”E a distance of 931.74 feet, more or less. All bearings being relative to the bearing between said Southeast Corner of Section 2 and the Northwest Corner of Section 25, Township 6 South, Range 85 West of the 6th Principal Meridian an aluminum cap found in place using a bearing of N64°50’35”W, more or less, between said monuments. See attached Exhibit B. Source: Deliveries from the Town Supply Ditch water right described in Claim One hereof, which diverts from Antonides Creek a/k/a Lost Creek. If off-channel reservoir, name capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: the Town Supply Ditch water right described in Claim One, described herein. Capacity of ditch: 30.0 cfs. Date of initial appropriation: October 7, 1998. How appropriation was initiated: Field inspection, surveying and engineering, public hearings respecting the acquisition and use of the water rights which divert at this location and for which this application constitutes and enlargement, and monumentation. Date water applied to beneficial use: N/A. Amount claimed: 400.0 acre-feet, conditional, with the right to fill and refill when in priority. Uses or proposed uses: Storage for recreational, aesthetic, piscatorial purposes, domestic, commercial, industrial, street cleaning/washing, fire protection, all other municipal uses, augmentation and exchange. Active capacity: 400.0 acre-feet, under this appropriation. Dead storage: 0.0 acre-feet, under this appropriation. The name(s) and address(es) of the owner(s) 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. The reservoir is located on the United States Forest Service property (White River National Forest) and will be accessed and utilized pursuant to a Special Use Permit with the Forest Service, application pending. Remarks: The subject water right is a component part of the Town’s integrated water supply project for the municipal demands of the Town of Gypsum. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant

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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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 56. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW293 PITKIN COUNTY. ROARING FORK RIVER. 2053 McClain Flats Road, LLC, c/o Kevin L. Patrick, Esq., and Paul L. Noto, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant Street, Suite 200, Aspen, Colorado, 81611, (970) 920-1028. FIRST CLAIM: FOR WATER STORAGE RIGHT: Name of Reservoir: Paul’s Pond. Legal description of reservoir dam: The centerline of the dam is located in the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of the 6th P.M., at a point approximately 1301 feet north of the south Section Line and 25 feet east of the west Section Line of said Section 26. A map of the reservoir is attached as Exhibit "A" hereto. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: i. Name of ditch and capacity: K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291, with a capacity of 1.0 c.f.s. ii. Legal description of point of diversion: The point of diversion for the K.N.C.B. Moore Ditch Extension is located on the south bank of an unnamed gulch (sometimes referred to as Trentaz Gulch) at a point from which the SW corner or Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8˚08’ West 1304.32 feet (Pitkin County). Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Date of Appropriation: October 13, 2005. How appropriation was initiated: By formulation of intent to appropriate water for the pond, field inspection, site selection and design of the pond. Date water applied to beneficial use: N/A, conditional. Amount claimed: 0.69 acre feet, conditional, with the right to fill and refill whenever water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. 1.0 cfs, conditional. Uses: If irrigation, complete the following: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: N/A. Legal description of acreage irrigated or to be irrigated: N/A. If non-irrigation, describe purpose fully: Aesthetic, piscatorial and recreational. Surface area of high water line: 0.172 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir: 0.69 acre-feet. Active capacity: 0 acre-feet. Dead storage: 0.69 acre-feet. The name and address of owner 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: Applicant. Remarks or any other pertinent information: This water right is a component part of an integrated water supply plan for Applicant’s property, together with each water right applied for herein, as well as the K.N.C.B. Moore Ditch Extension applied for in Case No. 05CW291. All evaporative losses will be augmented by Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. The ponds in Claims One and Two herein will be interconnected through a small stream course water feature, the evaporation from which will also be augmented pursuant to Applicant’s Water Allotment Contract with the Basalt Water Conservancy District contract. No claim for irrigation purposes is sought herein, but Applicant’s other water rights, not involved herein, which are decreed for irrigation purposes, may be delivered into the pond and the water may be held for 72 hours by the pond being utilized as an irrigation control structure. SECOND CLAIM: FOR WATER STORAGE RIGHT: Name of Reservoir: Aspen Lake. Legal description of reservoir dam: The centerline of the dam is located in the SE ¼ of the SE ¼, Section 27, Township 9 South, Range 85 West of the Sixth P.M., at a point approximately 1356 feet north of the south Section Line and 180 feet west of the east Section Line of said Section 27. A map of the reservoir is attached as Exhibit "A" hereto (Pitkin County). If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: i. Name of ditch and capacity: K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291, with a capacity of 1.0 c.f.s. ii. Legal description of point of diversion: The point of diversion for the K.N.C.B. Moore Ditch Extension is located on the south bank of an unnamed gulch (sometimes referred to as Trentaz Gulch) at a point from which the SW corner or Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8˚08’ West 1304.32 feet (Pitkin County). Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Date of Appropriation: October 13, 2005. How appropriation was initiated: By formulation of intent to appropriate water for the pond, field inspection, site selection and design of the pond. Date water applied to beneficial use: N/A, conditional. Amount claimed: 2.70 acre feet, conditional, with the right to fill and refill whenever water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. 1.0 cfs, conditional. Uses: If irrigation, complete the following: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: N/A. Legal description of acreage irrigated or to be irrigated: N/A. If non-irrigation, describe purpose fully: Aesthetic, piscatorial and recreational. Surface area of high water line: 0.58 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir: 2.70 acre-feet. Active capacity: 0 acre-feet. Dead storage: 2.70 acre-feet. The name and address of owner 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: Applicant. Remarks or any other pertinent information: Aspen Lake will consist of a series of 2-3 interconnected ponds, the surface area and volumes of which will not exceed the amounts stated in paragraphs 17 and 19 above. This water right is a component part of an integrated water supply

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plan for Applicant’s property, together with each water right applied for herein, as well as the K.N.C.B. Moore Ditch Extension applied for in Case No. 05CW291. All evaporative losses will be augmented by Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. The ponds in Claims One and Two herein will be interconnected through a small stream course water feature, the evaporation from which will also be augmented pursuant to Applicant’s Water Allotment Contract with the Basalt Water Conservancy District. No claim for irrigation purposes is sought herein, but Applicant’s other water rights, not involved herein, which are decreed for irrigation purposes, may be delivered into the pond and the water may be held for 72 hours by the pond being utilized as an irrigation control structure. THIRD CLAIM: FOR WATER STORAGE RIGHT: Name of Reservoir: Quinn’s Corner Pond. Legal description of reservoir dam: The centerline of the dam is located in the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of the Sixth P.M., at a point approximately 1056 feet north of the south section line and 137 feet east of the west section line of said Section 26. A map of the reservoir is attached as Exhibit "A" hereto (Pitkin County). If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: i.Name of ditch and capacity: K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291, with a capacity of 1.0 c.f.s. ii. Legal description of point of diversion: The point of diversion for the K.N.C.B. Moore Ditch Extension is located on the south bank of an unnamed gulch (sometimes referred to as Trentaz Gulch) at a point from which the SW corner or Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8˚08’ West 1304.32 feet (Pitkin County). Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Date of Appropriation: October 13, 2005. How appropriation was initiated: By formulation of intent to appropriate water for the pond, field inspection, site selection and design of the pond. Date water applied to beneficial use: N/A, conditional. Amount claimed: 0.05 acre feet, conditional, with the right to fill and refill whenever water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. 1.0 cfs, conditional. Uses: If irrigation, complete the following: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: N/A. Legal description of acreage irrigated or to be irrigated: N/A. If non-irrigation, describe purpose fully: Aesthetic, piscatorial and recreational. Surface area of high water line: 0.02 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir: 0.05 acre-feet. Active capacity: 0 acre-feet. Dead storage: 0.05 acre-feet. The name and address of owner 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: Applicant. Remarks or any other pertinent information: This water right is a component part of an integrated water supply plan for Applicant’s property, together with each water right applied for herein, as well as the K.N.C.B. Moore Ditch Extension applied for in Case No. 05CW291. All evaporative losses will be augmented by Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. The ponds in Three through Five herein will be interconnected through a small stream course water feature, the evaporation from which will also be augmented pursuant to Applicant’s Water Allotment Contract with the Basalt Water Conservancy District. No claim for irrigation purposes is sought herein, but Applicant’s other water rights, not involved herein, which are decreed for irrigation purposes, may be delivered into the pond and the water may be held for 72 hours by the pond being utilized as an irrigation control structure. FOURTH CLAIM: FOR WATER STORAGE RIGHT: Name of Reservoir: Lizzy Pea’s Pond. Legal description of reservoir dam: The centerline of the dam is located in the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of the Sixth P.M., at a point approximately 1055 feet north of the south Section Line and 70 feet east of the west Section Line of said Section 26. A map of the reservoir is attached as Exhibit "A" hereto (Pitkin County). If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: i. Name of ditch and capacity: K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291, with a capacity of 1.0 c.f.s. ii. Legal description of point of diversion: The point of diversion for the K.N.C.B. Moore Ditch Extension is located on the south bank of an unnamed gulch (sometimes referred to as Trentaz Gulch) at a point from which the SW corner or Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8˚08’ West 1304.32 feet (Pitkin County). Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Date of Appropriation: October 13, 2005. How appropriation was initiated: By formulation of intent to appropriate water for the pond, field inspection, site selection and design of the pond. Date water applied to beneficial use: N/A, conditional. Amount claimed: 0.09 acre feet, conditional, with the right to fill and refill whenever water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. 1.0 cfs, conditional. Uses: If irrigation, complete the following: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: N/A. Legal description of acreage irrigated or to be irrigated: N/A. If non-irrigation, describe purpose fully: Aesthetic, piscatorial and recreational. Surface area of high water line: 0.034 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir: 0.09 acre-feet. Active capacity: 0 acre-feet. Dead storage: 0.09 acre-feet. The name and address of owner 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: Applicant. Remarks or any other pertinent information: This water right is a component part of an integrated water supply plan for Applicant’s property, together with each water right applied for herein, as well as the K.N.C.B Moore Ditch Extension applied for in Case No. 05CW291. All evaporative losses will be augmented by Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. The ponds in Claims Three through Five herein will be interconnected through a small stream course water feature, the evaporation from which will also be

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augmented pursuant to Applicant’s Water Allotment Contract with the Basalt Water Conservancy District. No claim for irrigation purposes is sought herein, but Applicant’s other water rights, not involved herein, which are decreed for irrigation purposes, may be delivered into the pond and the water may be held for 72 hours by the pond being utilized as an irrigation control structure. FIFTH CLAIM: FOR WATER STORAGE RIGHT: Name of Reservoir: K Bear’s Point Pond. Legal description of reservoir dam: The centerline of the dam is located in the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of the sixth P.M., at a point approximately 948 feet north of the south Section Line and 100 feet east of the west section line of said Section 26. A map of the reservoir is attached as Exhibit "A" hereto (Pitkin County). If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: i. Name of ditch and capacity: K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291, with a capacity of 1.0 c.f.s. ii. Legal description of point of diversion: The point of diversion for the K.N.C.B. Moore Ditch Extension is located on the south bank of an unnamed gulch (sometimes referred to as Trentaz Gulch) at a point from which the SW corner or Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8˚08’ West 1304.32 feet (Pitkin County). Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Date of Appropriation: October 13, 2005. How appropriation was initiated: By formulation of intent to appropriate water for the pond, field inspection, site selection and design of the pond. Date water applied to beneficial use: N/A, conditional. Amount claimed: 0.32 acre feet, conditional, with the right to fill and refill whenever water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. 1.0 cfs, conditional. Uses: If irrigation, complete the following: Number of acres historically irrigated: N/A. Total number of acres proposed to be irrigated: N/A. Legal description of acreage irrigated or to be irrigated: N/A. If non-irrigation, describe purpose fully: Aesthetic, piscatorial and recreational. Surface area of high water line: 0.096 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir: 0.32 acre-feet. Active capacity: 0 acre-feet. Dead storage: 0.32 acre-feet. The name and address of owner 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: Applicant. Remarks or any other pertinent information: This water right is a component part of an integrated water supply plan for Applicant’s property, together with each water right applied for herein, as well as the K.N.C.B. Moore Ditch Extension applied for in Case No. 05CW291. All evaporative losses will be augmented by Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. The ponds in Claims Three through Five herein will be interconnected through a small stream course water feature, the evaporation from which will also be augmented pursuant to Applicant’s Water Allotment Contract with the Basalt Water Conservancy District. No claim for irrigation purposes is sought herein, but Applicant’s other water rights, not involved herein, which are decreed for irrigation purposes, may be delivered into the pond and the water may be held for 72 hours by the pond being utilized as an irrigation control structure. (12 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 57. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW294 RIO BLANCO COUNTY, APPLICATION FOR CHANGE OF WATER RIGHTS, AND APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE, Exxon Mobil Corporation, c/o Porzak Browning & Bushong LLP, Glenn E. Porzak, Kristin Howse Moseley, 929 Pearl Street, Suite 300, Boulder, CO 80302, 303-443-6800, and Scott Balcomb, David C. Hallford, Balcomb & Green, P.C., 818 Colorado Avenue, P.O. Box 790, Glenwood Springs, CO 81602. 1. Name and address of applicant: Exxon Mobil Corporation ("ExxonMobil"), P.O. Box 4358, CORP-MI-3006, Houston, TX 77210-4358. 2. Description of water rights to be augmented directly or by exchange: (a) The following described water rights decreed by the District Court in and for Water Division No. 5 (the “Water Court”) in Case No. 98CW259 for domestic, industrial, mining, commercial, irrigation and dust suppression uses, with an appropriation date of November 17, 1998: (1) Exxon Upper Piceance Creek Diversion, decreed for 4.0 cfs conditional, the source of which is Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 NE1/4 of Section 1, T. 4 S., R. 95 W., 1050 feet from the N. section line and 2250 feet from E. section line of said Section 1. (2) Exxon Piceance Creek Diversion, decreed for 4.0 cfs conditional, the source of which is Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 SE1/4 of Section 9, T. 2 S., R. 97 W., 2200 feet from S. section line and 1150 feet from W. section line of said Section 9. (3) Exxon Lower Piceance Creek Diversion, decreed for 4.0 cfs conditional, the source of which is Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 NE1/4 of Section 15, T. 1 S., R. 97 W., 2500 feet from N. section line and 2200 feet from E. section line of said Section 15. (4) Exxon Thirteen Mile Creek

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Diversion, decreed for 1.0 cfs conditional, the source of which is Thirteen Mile Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 SW1/4 of Section 33, T. 2 S., R. 94 W., 280 feet from S. section line and 440 feet from W. section line of said Section 33. (5) Exxon Willow Creek Diversion, decreed for 2.0 cfs conditional, the source of which is Willow Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 SE1/4 of Section 4, T. 4 S., R. 97 W., 1800 feet from S. section line and 1900 feet from E. section line of said Section 4. (6) Exxon Hunter Creek Diversion, decreed for 2.0 cfs conditional, the source of which is Hunter Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 SW1/4 of Section 31, T. 3 S., R. 97 W., 2200 feet from S. section line and 900 feet from W. section line of said Section 31. (7) Exxon Upper Fawn Creek Diversion, decreed for 1.0 cfs conditional, the source of which is Fawn Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 NE1/4 of Section 22, T. 3 S., R. 98 W., 1500 feet from N. section line and 1550 feet from E. section line of said Section 22. (8) Exxon Lower Fawn Creek Diversion, decreed for 2.0 cfs conditional, the source of which is Fawn Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 SW1/4 of Section 30, T. 2 S., R. 97 W., 250 feet from S. section line and 2600 feet from W. section line of said Section 30. (9) Exxon Upper Black Sulphur Creek Diversion, decreed for 1.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NW1/4 of Section 5, T. 3 S., R. 98 W., 1800 feet from N. section line and 1600 feet from W. section line of said Section 5. (10) Exxon Middle Black Sulphur Creek Diversion, decreed for 2.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NE1/4 of Section 27, T. 2 S., R. 98 W., 1700 feet from N. section line and 600 feet from E. section line of said Section 27. (11) Exxon Black Sulphur - Fawn Creek Diversion, decreed for 2.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SW1/4 SW1/4 of Section 20, T. 2 S., R. 97 W., 1100 feet from S. section line and 1250 feet from W. section line of said Section 20. (12) Exxon Black Sulphur - Piceance Creek Diversion, decreed for 2.0 cfs conditional, the source of which is Black Sulphur Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 NW1/4 of Section 21, T. 2 S., R. 97 W., 100 feet from N. section line and 900 feet from W. section line of said Section 21. (13) Exxon Middle Fork Stewart Creek Diversion, decreed for 3.0 cfs conditional, the source of which is Stewart Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the SE1/4 NE1/4 of Section 4, T. 4 S., R. 96 W., 1600 feet from N. section line and 1100 feet from E. section line of said Section 4. (14) Exxon East Fork Stewart Creek Diversion, decreed for 3.0 cfs conditional, the source of which is Stewart Creek, a tributary of Piceance Creek, a tributary of the White River. The point of diversion is located in the NW1/4 SW1/4 of Section 35, T. 3 S., R. 96 W., 1650 feet from the S. section line and 1150 feet from the W. section line of said Section 35. (b) The following described water storage rights decreed by the Water Court in Case No. 98CW259 for domestic, industrial, mining, commercial, irrigation and dust suppression uses, with an appropriation date of December 14, 1998: (1) Exxon Love Ranch Reservoir, decreed for 30 af conditional, the source of which is Piceance Creek by means of the German Consolidated Ditch described herein. The reservoir outlet is located in the SE1/4 NW1/4 of Section 9, T. 2 S., R. 97 W., 2600 feet from the N. section line and 1400 feet from the W. section line of said Section 9. (2) Exxon Boies/Black Sulphur Reservoir, decreed for 50 af conditional, the source of which is Black Sulphur Creek by means of the Boies Ditch described herein. The reservoir outlet is located in the NW1/4 SE1/4 of Section 20, T. 2 S., R. 97 W., 2550 feet from the S. section line and 1900 feet from the E. section line of said Section 20. (3) Exxon B&M Reservoir, decreed for 50 af conditional, the source of which is Piceance Creek by means of the Belot & Moffat Ditch described herein. The reservoir outlet is located in the NE1/4 SW1/4 of Section 26, T. 2 S., R. 97 W., 2300 feet from the S. section line and 2450 feet from the W. section line of said Section 26. (4) Exxon Hunter Creek Reservoir, decreed for 30 af conditional, the source of which is Hunter Creek by means of the Gilmor Ditch described herein. The reservoir outlet is located in the NW1/4 SE1/4 of Section 30, T. 3 S., R. 97 W., 1900 feet from the S. section line and 2200 feet from the E. section line of said Section 30. (5) Exxon Willow Creek Reservoir, decreed for 30 af conditional, the source of which is Willow Creek by means of the Taylor Ditch described herein. The reservoir outlet is located in the NE1/4 NW1/4 of Section 34, T. 3 S., R. 97 W., 100 feet from the N. section line and 1800 feet from the W. section line of said Section 34. (c) Hunter Creek Well Nos. 1 through 30. Decreed by the Water Court in Case No. W-814 for 1 c.f.s. for each of the 30 wells, with an aggregate total of 30 c.f.s., for irrigation, industrial, domestic, municipal, recreation and other beneficial uses, including mining, retorting, processing, refining and production of oil and other products from oil shale, with an appropriation date of March 8, 1967. The Hunter Creek Well Nos. 1 through 30 and their collection system are located in Sections 21, 27, 28, 29, 31, 32, 33, 34, and 35, of T. 2 S., R. 97 W. of the 6th P.M.; in Sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 of T. 3 S., R. 97 W. of the 6th P.M.; and in Section 1, T. 3 S., R. 98 W. of the 6th P.M. The office of the State Engineer has issued the following well permit numbers for the indicated Hunter Creek Wells:

Well No. Permit No. Date 1 12722-F February 8, 1968 2 13450-F December 24, 1968 3 13449-F December 24, 1968

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12 14232-F July 18, 1969 (expired) 13 14233-F July 18, 1969

3. Augmentation Sources. The following water rights are the sources of the augmentation water: (a) The following water rights which have been historically used from April through October to irrigate a total of 542 acres resulting in the consumption of 755 acre feet per year: (1) Bainbrick and Mikkelsen Ditch Nos. 1 & 2. This water right was decreed in C.A. 323 by the District Court for the County of Rio Blanco on August 16, 1920, for 0.375 cubic feet per second for irrigation use on 46 acres of land with an appropriation date of May 1, 1904. The source of water is Black Sulphur Creek, a tributary of Piceance Creek. As changed in Case No. 94CW262, the point of diversion is in the SW1/4 SW1/4, Section 24, T. 2 S., R. 98 West, 6th P.M. at a point 900 feet from the South line and 500 feet from the West line. (2) Black Eagle Ditch No. 1. This water right was decreed on October 22, 1890, for the diversion of 2.0 cfs for irrigation use on 41 acres of land with an appropriation date of April 16, 1887. The source of water is Black Sulphur Creek, a tributary of Piceance Creek. As changed in Case No. 94CW262, the point diversion is on the north bank of said Black Sulphur Creek at a point whence the Southeast corner of Section 19, T. 2 South, R. 97 W., 6th P.M. bears South 50º East 791 feet. An alternate point of diversion also was decreed in 94CW262 located on the north bank of Black Sulphur Creek in the SW1/4 SW1/4, Section 19, T. 2 S., R. 97 W., 6th P.M. at a point 750 feet from the South line and 450 feet from the West line of said Section 19. (3) Black Eagle Ditch No. 1 First Enlargement. This water right was decreed on May 26, 1942, for the diversion of 3.95 cfs for irrigation use on the same 41 acres of land described in paragraph 3(a)(2) with an appropriation date of May 1, 1917. The source of water is Black Sulphur Creek, a tributary of Piceance Creek, and the point diversion is located on the north bank at a point whence the Southeast corner of Section 19, T. 2 S., R. 98 W., 6th P.M. bears South 50º East 791 feet. (4) Black Eagle Ditch No. 2. This water right was decreed on October 22, 1890, for the diversion of 2.0 cfs for irrigation use on 37 acres of land with an appropriation date of April 16, 1887. The source of water is Black Sulphur Creek, a tributary of Piceance Creek, and as changed in Case No. 94CW262 the point of diversion is located on the south bank at a point whence the Southeast corner of Section 19, T. 2 S., R. 98 W. of the 6th P.M. bears South 52º 50’ East 729 feet. An alternate point of diversion also was decreed in 94CW262 located on the south bank of Black Sulphur Creek in the SW1/4 SW1/4, Section 19, T. 2 S., R. 97 W., 6th P.M. at a point 750 feet from the South line and 450 feet from the West line of said Section 19. (5) Black Eagle Ditch No. 2 First Enlargement. This water right was decreed on May 26, 1942, for the diversion of 3.95 cfs for irrigation use on the same 37 acres of land described in paragraph 3(a)(4) with an appropriation date of May 1, 1917. The source of water is Black Sulphur Creek, a tributary of Piceance Creek, and the point of diversion is located on the south bank at a point whence the Southeast corner of Section 19, T. 2 S., R. 98 W., 6th P.M. bears South 52º 50’ East 729 feet. (6) DD Taylor Ditch. This water right was decreed in Garfield County District Court on May 10, 1889, for the diversion of 2.0 cfs for irrigation use on 83 acres of land with an appropriation date of April 5, 1887. The source of water is Black Sulphur Creek, a tributary of Piceance Creek, and the point of diversion is located on the north bank about six miles above the junction of said creeks, on Section 27, T. 2 S., R. 97 W., 6th P.M. (7) Desert Ditch. This water right was decreed in C.A. 624 on May 26, 1942, for the diversion of 0.43 cfs for irrigation use on 45 acres of land with an appropriation date of June 12, 1914. As changed in Case No. 94CW262, the source of water is Black Sulphur Creek, and the location of the headgate is in the SW1/4 NW1/4, Section 33, T. 2 S., R. 98 W., 6th P.M. at a point 2,150 feet from the North line and 1,300 feet from the West line. (8) Desert Ditch, First Enlargement. This water right was decreed on May 26, 1942, for the diversion of 1.0 cfs for irrigation use on the same 45 acres of land described in paragraph 3(a)(7) with an appropriation date of May 1, 1917. The source of this water is Fawn Creek, and the point of diversion is in the SW1/4 NW1/4, Section 33, T. 2 S., R. 98 W., 6th P.M. at a point 2,150 feet from the North line and 1,300 feet from the West line. (9) Duckett Ditch. This water right was decreed in C.A. 534 on August 15, 1932, for the diversion of 1.2 cfs for irrigation use on 44 acres of land with an appropriation date of June 10, 1918. The source of this water is Black Sulphur Creek, a tributary of Piceance Creek, and the originally decreed point of diversion was located on the east bank at a point whence the Quarter Corner to Sections 28 and 33, T. 2 S., R. 98 W. of the 6th P.M. bears North 41º 33’ East 14,020 feet. As decreed in 94CW262, the actual location of the headgate is in the NE1/4 SE1/4, Section 6, T. 3 S., R. 98 W., 6th P.M. at a point 2,100 feet from the South line and 600 feet from the East line. (10) J W Bainbrick Ditch Nos. 1 & 2. This water right was decreed in C.A. 323 on August 16, 1920, for the diversion of 0.86 cfs for irrigation use on 34 acres of land with an appropriation date of July 1, 1893. The source of this water is Black Sulphur Creek, a tributary of Piceance Creek. As changed in Case No. 94CW262, the point of diversion is in the SW1/4 SE1/4, Section 23, T. 2 S., R. 98 W., 6th P.M. at a point 250 feet from the South line and 2,250 feet from the East line. (11) Schweizer Ditch. This water right was decreed in C.A. 340 on October 22, 1890, for the diversion of 2.6 cfs for irrigation use on 64 acres of land with an appropriation date of September 30, 1888. The source of this water is Black Sulphur Creek, a tributary of Piceance Creek. As changed in Case No. 94CW262, the point of diversion is in the SW1/4 SE1/4, S. 32, T. 2 S., R. 98 W., 6th P.M. at a point 50 feet from the South line and 2,150 feet from the East line. (12) Fawn Creek Ditch. This water right was decreed in C.A. 340 on October 22, 1890, for the diversion of 1.2 cfs for irrigation use on 40 acres of land with an appropriation date of May 1, 1887. The source of this water is Fawn Creek, and as changed in Case No. 94CW262 the point of diversion is in the SE1/4 NW1/4, Section 27, T. 3 S., R. 98 W., 6th P.M. at a point 1,400 feet from the North line and 1,950 feet from the West line. (13) Fawn Creek Ditch, First Enlargement. This water right was decreed on May 26, 1942, for the diversion of 1.33 cfs for irrigation use on the same 40 acres of land described in

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paragraph 3(a)(12) with an appropriation date of May 1, 1917. The source of this water is Fawn Creek, and the point of diversion is in the SE1/4 NW1/4, Section 27, T. 3 S., R. 98 W., 6th P.M. at a point 1,400 feet from the North line and 1,950 feet from the West line. (14) Hutchinson Spring Ditch. This water right was decreed in C.A. 340 on October 22, 1890, for the diversion of 0.5 cfs for stockwatering and irrigation use on the same 60 acres of land described in paragraph 3(a)(18) below and the same 20 acres of land described in paragraph 3(a)(17) below with an appropriation date of July 18, 1889. The source of this water is Fawn Creek, and the point of diversion is located in the SE1/4 NE1/4, Section 30, T. 2 S., R. 97 West, 6th P.M. at a point 2,000 feet from the North line and 350 feet from the East line of said Section 30. In Case No 94CW262, this right was decreed for an alternate point at the O.I. See Ditch, located in the SE1/4 SW1/4, Section 30, T. 2 S., R. 97 W., 6th P.M. at a point 420 feet from the South line and 2,500 feet from the West line of said Section 30. (15) McGee Ditch. This water right was decreed on May 26, 1942, for the diversion of 0.35 cfs for irrigation use on 28 acres of land with an appropriation date of May 1, 1890. The source of water is Fawn Creek, and the point of diversion is in the NW1/4 NW1/4, Section 27, T. 2 S., R. 98 W., 6th P.M. (16) McGee Ditch, First Enlargement. This water right was decreed on May 26, 1942, for the diversion of 0.81 for irrigation use on the same 28 acres of land described in paragraph 3(a)(15) with an appropriation date of May 1, 1917. The source of water is Fawn Creek, and the point of diversion is in the NW1/4 NW1/4, Section 27, T. 2 S., R. 98 W., 6th P.M. (17) No Name Ditch. This water right was decreed on October 22, 1890, for the diversion of 0.4 cfs for irrigation use on 20 acres of land with an appropriation date of May 1, 1887. The source of water is Fawn Creek, and the point of diversion is in the NE1/4 SW1/4, Section 30, T. 2 S., R. 97 W., 6th P.M. (18) O I See Ditch. This water right was decreed on October 22, 1890, for the diversion of 1.2 cfs for irrigation use on 60 acres of land with an appropriation date of April 27, 1887. The source of water is Fawn Creek, and the point of diversion is in the SW1/4 SE1/4, Section 30, T. 2 S., R. 97 W., 6th P.M. (19) O I See Ditch, First Enlargement. This water right was decreed on May 10, 1889, for the diversion of 0.5 cfs for irrigation use on the same 60 acres of land described in paragraph 3(a)(18) with an appropriation date of July 18, 1889. The source of water is Fawn Creek, and the point of diversion is in the SW1/4 SE1/4, Section 30, T. 2 S., R. 97 W., 6th P.M. (b) Boies Reservoir. Decreed by the Rio Blanco County District Court in Case No. CA-1269 for 31,020.8 a.f. on for domestic, irrigation, industrial, municipal, recreation and manufacturing purposes with an appropriation date of July 10, 1961. The reservoir is located in Sections 19, 20, 29, 30, and 31, T. 2 S., R. 97 W. of the 6th P.M. and in Sections 24 and 25, T. 2 S., R. 98 W., 6th P.M. The initial point of survey of the high water line is located at a point whence the Southwest Corner of Section 19, T. 2 S., R. 97 W., 6th P.M. bears S. 80°28' W., a distance of 8,204 feet. 4. Changes of Water Rights: By this application, ExxonMobil seeks the following described changes of water rights: (a) ExxonMobil seeks to change the uses of the water rights more particularly described in paragraph 3(a) above to include domestic, industrial, mining, commercial, irrigation, dust suppression, augmentation, replacement and exchange uses by direct diversion or storage as provided for herein. (b) ExxonMobil seeks to obtain the determination of the historic consumptive use amounts of water rights described in paragraph 3(a) above as detailed on the attached Exhibit A, which historic consumptive use amounts total 755 acre feet. Maps depicting the location of historic irrigation of the water rights described in paragraph 3(a) above are attached hereto as Exhibits B-1 through B-5. A summary of average annual diversions as provided by Colorado Decision Support System for each ditch is attached hereto as Exhibit C-1 through C-13. (c) ExxonMobil seeks the cumulative right to alternately divert 755 consumptive acre feet of the water rights described in paragraph 3(a) above at the points of diversion of the direct flow and storage rights more particularly described in paragraphs 2(a), (b) and (c) above during April through October of each year. 5. Plan for Augmentation and Exchange: ExxonMobil seeks the right to divert water out of priority on a year round basis from the water rights described in paragraph 2 above for all purposes described in paragraph 4(a) for uses in the Piceance Creek drainage basin. To permit the requested out of priority diversions hereunder, ExxonMobil proposes to cause the release of, or otherwise commit to the Piceance Creek drainage basins, an equivalent amount of water from the water rights described in paragraph 3 above. (a) Depletion Assumptions. (1) Except for the continued irrigation use of ExxonMobil’s water rights described in paragraph 3(a) above, in determining the amount of depletions resulting from ExxonMobil’s use of water pursuant to this plan for augmentation and exchange, it is assumed that all diversions will be 100% consumed for purposes of this augmentation and exchange plan. (2) The Hunter Creek Wells described in paragraph 2(c) above have been or will be completed in the Parachute Creek Member of the Green Formation. The geologic strata in the vicinity dip toward the north. Consequently, pumping of the Hunter Creek Wells is anticipated to result in stream depletions to the main stem of Piceance Creek. The Glover method was used to determine the delayed depletions for the Hunter Creek Wells accruing to Piceance Creek. The Hunter Creek Wells were grouped into eight classifications based on distances to the stream ranging from 3,000 feet to 22,000 feet. Based on pumping tests of the existing Hunter Creek Wells and other published data, a transmissivity of 12,000 gpd/ft² and a storativity of 0.0001 were selected to best represent the aquifer. The results of the Glover delayed depletion analysis are shown in the attached Exhibit D and shall be utilized in determining the timing of depletions from the Hunter Creek Wells. (b) Measurement Devices. So as to assure the operation of the augmentation and exchange plan, ExxonMobil will install and maintain appropriate headgates and measuring devices in all ditches sufficient to control and measure water diversions as may be required by the Division Engineer. The structures shall provide adequate flow measurement and control the diversion of water under the water rights decreed herein so that diversions will not be made when the water rights decreed herein are out-of-priority unless authorized in this decree and augmented pursuant to the subject plan for augmentation. (c) Exchange Plan and Reaches. ExxonMobil seeks the right to divert by

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exchange the water rights as more particularly described in paragraph 4(c). The downstream terminus of all the exchanges is at the confluence of Black Sulfur Creek and Piceance Creek. The upstream termini of the exchanges and the rates of exchange are as follows:

Exchange Creek Diversion Name Exchange Rate

Piceance Creek Exxon Upper Piceance Creek Diversion 4 cfs

Thirteen Mile Creek Exxon Thirteen Mile Creek Diversion 1 cfs

Willow Creek Exxon Willow Creek Diversion 2 cfs

Hunter Creek Exxon Hunter Creek Diversion 2 cfs

Fawn Creek Exxon Upper Fawn Creek Diversion 2 cfs

Black Sulfur Creek Exxon Upper Black Sulfur Creek Diversion 1 cfs

Middle Fork Stewart Creek Exxon Middle Fork Stewart Creek Diversion 3 cfs

East Fork Stewart Creek Exxon East Fork Stewart Creek Diversion 3 cfs (d) Priority Date. ExxonMobil seeks a priority date of December 14, 2005, in connection with the subject proposed plan for exchange. 6. Name(s) and address(es) of owner(s) of land on which structures 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: (a) Applicant. (b) U.S. Bureau of Land Management, 2815 H Road, Grand Junction, CO 81506. WHEREFORE, ExxonMobil requests that this Court enter a decree which: Approves ExxonMobil’s change of water rights described in paragraph 4; (i) Approves ExxonMobil’s plan for augmentation and exchange described in paragraph 5, including all assumptions in connection therewith; and (ii) Finds that as a result of ExxonMobil’s change of water rights and augmentation and exchange plan there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional right. (30 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 58. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW295 PITKIN COUNTY. ROARING FORK RIVER. 2075 McClain Flats Road, LLC, c/o Kevin L. Patrick, Esq., and Paul L. Noto, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant Street, Suite 200, Aspen, Colorado, 81611, (970) 920-1028. APPLICATION FOR WATER STORAGE RIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION. FIRST CLAIM: FOR WATER STORAGE RIGHT: Name of Reservoir: Pete’s Pond. Legal description of reservoir dam: The pond is located in the SE ¼ of the SE ¼ of Section 27, Township 9 South, Range 85 West of the 6th P.M., at a point where the centerline of the dam is located approximately 293 feet north of the south Section Line and 590 feet west of the east Section Line of said Section 27. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: i. Names of ditches and capacities: K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291, with a capacity of 1.0 c.f.s. In the alternative, consumptive use credits from dry-up of historically irrigated lands under the Salvation Ditch, with a capacity of approximately 58 c.f.s. ii. Legal descriptions of points of diversion: The point of diversion for the K.N.C.B. Moore Ditch Extension is located on the south bank of an unnamed gulch (sometimes referred to as Trentaz Gulch) at a point from which the SW corner of Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8˚08’ West 1304.32 feet. The decreed point of diversion for the Salvation Ditch is located on the north bank of the Roaring Fork River at a point from whence the east quarter corner of Section 7, Township 10 South, Range 84 West of the 6th P.M. bears North 2˚ 48’ West 5633.4 feet (Pitkin County). Source: An unnamed tributary, sometimes referred to as Trentaz Gulch, and Roaring Fork River. Date of Appropriation: May 1, 2004. How appropriation was initiated: By formulation of intent to appropriate water for the pond, design of the pond, field inspection and site selection. Date water applied to beneficial use: October 15, 2005. Amount claimed: 0.07 acre feet, absolute, with the right to fill

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and refill whenever water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. Up to 0.5 c.f.s., absolute. Uses: If irrigation, complete the following: N/A. Legal description of acreage irrigated or to be irrigated: N/A. If non-irrigation, describe purpose fully: Aesthetic, recreational, and piscatorial. Surface area of high water line: 0.023 acre. Maximum height of dam: less than 10 feet. Length of dam: less than 150 feet. Total capacity of reservoir: 0.07 acre-feet. Active capacity: 0 acre-feet. Dead storage: 0.07 acre-feet. The name and address of owner 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: Applicant. Remarks: This water right is a component part of an integrated water supply plan for Applicant’s property, together with each water right applied for herein, as well as the K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291. All evaporative losses will be augmented by Applicant’s Water Allotment Contract with the Basalt Water Conservancy District. The ponds applied for herein are interconnected through a small stream course water feature, the evaporation from which will also be augmented pursuant to Applicant’s Water Allotment Contract with the Basalt Water Conservancy District. Pete’s Pond will be filled and refilled by the K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291. Applicant also reserves the right to top off Pete’s Pond during the irrigation season only using consumptive use credits associated with dry-up of historically irrigated lands under the Salvation Ditch, as claimed in the Fifth Claim below. No claim for irrigation purposes is sought herein, but Applicant’s other water rights, not involved herein, which are decreed for irrigation purposes, may be delivered into the pond and the water may be held for 72 hours by the pond being utilized as an irrigation control structure. SECOND CLAIM: FOR WATER STORAGE RIGHT: Name of Reservoir: Robert’s Springs Pond. Legal description of reservoir dam: The pond is located in the SE ¼ of the SE ¼, Section 27, Township 9 South, Range 85 West of the 6th P.M., at a point where the center of the dam is located approximately 463 feet north of the south Section Line and 535 feet west of the east Section line of said Section 27 (Pitkin County). If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: i. Names of ditches and capacities: K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291, with a capacity of 1.0 c.f.s. In the alternative, consumptive use credits from dry-up of historically irrigated lands under the Salvation Ditch, with a capacity of approximately 58 c.f.s. ii. Legal descriptions of points of diversion: The point of diversion for the K.N.C.B. Moore Ditch Extension is located on the south bank of an unnamed gulch (sometimes referred to as Trentaz Gulch) at a point from which the SW corner of Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8˚08’ West 1304.32 feet. The decreed point of diversion for the Salvation Ditch is located on the north bank of the Roaring Fork River at a point from whence the east quarter corner of Section 7, Township 10 South, Range 84 West of the 6th P.M. bears North 2˚ 48’ West 5633.4 feet (Pitkin County). Source: An unnamed tributary, sometimes referred to as Trentaz Gulch, and Roaring Fork River. Date of Appropriation: May 1, 2004. How appropriation was initiated: By formulation of intent to appropriate water for the pond, design of the pond, field inspection and site selection. Date water applied to beneficial use: October 15, 2005. Amount claimed: 2.83 acre feet, absolute, with the right to fill and refill whenever water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. Up to 0.5 cfs, absolute. Uses: If irrigation, complete the following: N/A. Legal description of acreage irrigated or to be irrigated: N/A. If non-irrigation, describe purpose fully: Aesthetic, recreational, and piscatorial. Surface area of high water line: 0.32 acre. Maximum height of dam: less than 10 feet. Length of dam: less than 150 feet. Total capacity of reservoir: 2.83 acre-feet. Active capacity: 0 acre-feet. Dead storage: 2.83 acre-feet. The name and address of owner 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: Applicant. Remarks: This water right is a component part of an integrated water supply plan for Applicant’s property, together with each water right applied for herein, as well as the K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291. All evaporative losses will be augmented by Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. The ponds applied for herein are interconnected through a small stream course water feature, the evaporation from which will also be augmented pursuant to Applicant’s Water Allotment Contract with the Basalt Water Conservancy District. Robert’s Springs Pond will be filled and refilled by the K.N.C.B. Moore Ditch Extension applied for in Case No. 05CW291. Applicant also reserves the right to top off Robert’s Springs Pond in the irrigation season only using consumptive use credits associated with dry-up of historically irrigated lands under the Salvation Ditch, as claimed in the Fifth Claim below. No claim for irrigation purposes is sought herein, but Applicant’s other water rights, not involved herein, which are decreed for irrigation purposes, may be delivered into the pond and the water may be held for 72 hours by the pond being utilized as an irrigation control structure. THIRD CLAIM: FOR WATER STORAGE RIGHT: Name of Reservoir: Jessi’s Waters Pond. Legal description of reservoir dam: The pond is located in the SE ¼ of the SE ¼ of Section 27, Township 9 South, Range 85 West of the 6th P.M., at a point where the center of the north bank of the pond (the pond is entirely excavated) is located approximately 535 feet north of the south Section Line and 540 feet west of the east Section line of said Section 27 (Pitkin County). If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: i. Names of ditches and capacities: K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291, with a capacity of 1.0 c.f.s. In the alternative, consumptive use credits from dry-up of historically irrigated lands under the Salvation Ditch, with a capacity of approximately 58 c.f.s. ii. Legal descriptions of points of diversion: The point of diversion for the K.N.C.B. Moore Ditch Extension is located on the south bank of an unnamed gulch (sometimes referred to as Trentaz Gulch) at a point from which the SW corner of Section 26, Township 9 South, Range 85 West of the

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6th P.M. bears South 8˚08’ West 1304.32 feet. The decreed point of diversion for the Salvation Ditch is located on the north bank of the Roaring Fork River at a point from whence the east quarter corner of Section 7, Township 10 South, Range 84 West of the 6th P.M. bears North 2˚ 48’ West 5633.4 feet (Pitkin County). Source: An unnamed tributary, sometimes referred to as Trentaz Gulch, and Roaring Fork River. Date of Appropriation: May 1, 2004. How appropriation was initiated: By formulation of intent to appropriate water for the pond, design of the pond, field inspection and site selection. Date water applied to beneficial use: October 15, 2005. Amount claimed: 0.5 acre feet, absolute, with the right to fill and refill whenever water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. Up to 0.5 cfs, absolute. Uses: If irrigation, complete the following: N/A. Legal description of acreage irrigated or to be irrigated: N/A. If non-irrigation, describe purpose fully: Aesthetic, recreational, and piscatorial. Surface area of high water line: 0.073 acre. Maximum height of dam: N/A (the pond is excavated). Length of dam: N/A (the pond is excavated). Total capacity of reservoir: 0.5 acre-feet. Active capacity: 0 acre-feet. Dead storage: 0.5 acre-feet. The name and address of owner 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: Applicant. Remarks: This water right is a component part of an integrated water supply plan for Applicant’s property, together with each water right applied for herein, as well as the K.N.C.B. Moore Ditch Extension applied for in Case No. 05CW291. All evaporative losses will be augmented by Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. The ponds applied for herein are interconnected by a small stream course water feature, the evaporation from which will also be augmented by Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. Jessi’s Waters Pond will be filled and refilled by the K.N.C.B. Moore Ditch Extension applied for in Case No. 05CW291. Applicant also reserves the right to top off Jessi’s Waters Pond during the irrigation season only using consumptive use credits associated with dry-up of historically irrigated lands under the Salvation Ditch, as claimed in the Fifth Claim below. No claim for irrigation purposes is sought herein, but Applicant’s other water rights, not involved herein, which are decreed for irrigation purposes, may be delivered into the pond and the water may be held for 72 hours by the pond being utilized as an irrigation control structure. FOURTH CLAIM: FOR WATER STORAGE RIGHT: Name of Reservoir: Michael’s Park Pond. Legal description of reservoir dam: The pond is located in the SE ¼ of the SE ¼ of Section 27, Township 9 South, Range 85 West of the 6th P.M., at a point where the centerline of the dam is located approximately 800 feet north of the south Section Line and 625 feet west of the east Section Line of said Section 27 (Pitkin County). If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Names of ditches and capacities: K.N.C.B. Moore Ditch Extension, applied for in Case No. 05CW291, with a capacity of 1.0 c.f.s. In the alternative, consumptive use credits from dry-up of historically irrigated lands under the Salvation Ditch, with a capacity of approximately 58 c.f.s. ii. Legal descriptions of points of diversion: The point of diversion for the K.N.C.B. Moore Ditch Extension is located on the south bank of an unnamed gulch (sometimes referred to as Trentaz Gulch) at a point from which the SW corner of Section 26, Township 9 South, Range 85 West of the 6th P.M. bears South 8˚08’ West 1304.32 feet. The decreed point of diversion for the Salvation Ditch is located on the north bank of the Roaring Fork River at a point from whence the east quarter corner of Section 7, Township 10 South, Range 84 West of the 6th P.M. bears North 2˚ 48’ West 5633.4 feet (Pitkin County). Source: An unnamed tributary, sometimes referred to as Trentaz Gulch, and Roaring Fork River. A. Date of Appropriation: June 1, 2003. How appropriation was initiated: By formulation of intent to appropriate water for the pond, design of the pond and construction of the pond. Date water applied to beneficial use: July 1, 2003. Amount claimed: 1.16 acre feet, absolute, with the right to fill and refill whenever water is physically and legally available. If off-channel reservoir, rate of diversion in cfs for filling the reservoir. Up to 0.5 cfs, absolute. Uses: If irrigation, complete the following: N/A. Legal description of acreage irrigated or to be irrigated: N/A. If non-irrigation, describe purpose fully: Aesthetic, recreational, and piscatorial. Surface area of high water line: 0.17 acre. Maximum height of dam: less than 10 feet. Length of dam: less than 150 feet. Total capacity of reservoir: 1.16 acre-feet. Active capacity: 0 acre-feet. Dead storage: 1.16 acre-feet. The name and address of owner 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: Applicant. Remarks: This water right is a component part of an integrated water supply plan for Applicant’s property, together with each water right applied for herein, as well as the K.N.C.B. Moore Ditch Extension applied for in Case No. 05CW291. All evaporative losses will be augmented by Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. The ponds applied for herein are interconnected through a small stream course water feature, the evaporation from which will also be augmented pursuant to Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. Michael’s Park Pond will be filled and refilled by the K.N.C.B. Moore Ditch Extension applied for in Case No. 05CW291. Applicant also reserves the right to top off Michael’s Park Pond during the irrigation season only using consumptive use credits associated with dry-up of historically irrigated lands under the Salvation Ditch, as claimed in the Fifth Claim below. No claim for irrigation purposes is sought herein, but Applicant’s other water rights, not involved herein, which are decreed for irrigation purposes, may be delivered into the pond and the water may be held for 72 hours by the pond being utilized as an irrigation control structure. FIFTH CLAIM: FOR APPROVAL OF PLAN FOR AUGMENTATION: Names of structures to be augmented: Pete’s Pond. Are there other water rights diverted from this structure? X Yes No. Robert’s Springs Pond. Are there other water rights diverted from this structure? X Yes No. Jessi’s Waters Pond. Are there other water rights diverted from this structure? X Yes No. Michael’s Park Pond. Are there other water

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rights diverted from this structure? X Yes No. Previous decree for water rights to be used for augmentation: All evaporative losses from Pete’s Pond, Robert’s Springs Pond, Jessi’s Waters Pond and Michael’s Park Pond and the stream course interconnecting the ponds will be augmented pursuant to Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District. The augmented structures are within the Basalt Water Conservancy District’s Area “A” pursuant to its approved Substitute Supply Plan and all evaporative losses will be replaced thereunder. This Claim seeks to decree use of Applicant’s consumptive use credits associated with dry-up of historically irrigated lands under the Salvation Ditch for storage within said ponds, as a supplemental and additional source for the ponds. Date entered: January 21, 1905. Case No.: Civil Action No. 1221. Court: Garfield County District Court. Type of water right: Surface. Legal description of point of diversion: The decreed point of diversion for the Salvation Ditch is located on the north bank of the Roaring Fork River at a point from whence the east quarter corner of Section 7, Township 10 South, Range 84 West of the 6th P.M. bears North 2˚ 48’ West 5633.4 feet (Pitkin County). Source: Roaring Fork River. Amount: 0.05 c.f.s.; 3.547 acre-feet per year. Appropriation date: August 2, 1902. Decreed Use: Irrigation. Historic use: Applicant owns 150 shares in the Salvation Ditch Company, which shares have been historically used to irrigate approximately 15 acres on Applicant’s property, shown on the map attached as Exhibit “A”. Diversion records for the Salvation Ditch are attached as Exhibit “B”. Based upon the total number of shares currently outstanding (12,000), Applicant is entitled to divert and has historically used approximately 1.25 percent of the amount historically diverted by the Salvation Ditch to irrigate 15 acres within Applicant’s property. Statement of plan for augmentation, covering all applicable matters under C.R.S. § 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. All evaporative losses from the ponds claimed in Claims One through Four herein and the stream course interconnecting the ponds will be augmented pursuant to Applicant’s pending Water Allotment Contract with the Basalt Water Conservancy District (“Basalt District”), pursuant to the Basalt District’s substitute water supply plan for its constituents’ water uses within its Area A service area, and ultimately any decreed plan for augmentation the Basalt District decrees for such uses. This Claim seeks to decree use of Applicant’s consumptive use credits associated with dry-up of historically irrigated lands under the Salvation Ditch for storage within Pete’s Pond, Robert’s Springs Pond, Jessi’s Waters Pond and Michael’s Park Pond. 2.058 acres of historically irrigated lands within Applicant’s property have been permanently dried up pursuant to building footprints, pond footprints and driveways constructed on Applicant’s property. The location of the 2.058 acres of dry-up under the Salvation Ditch is shown on the map attached as Exhibit “C” hereto. Applicant’s consulting engineer has determined that the 0.05 c.f.s. of water historically used to irrigate the 2.058 acres of land being permanently dried up herein results in a consumptive use credit of 3.547 acre feet per year (1.72 acre feet per acre), based on a Blaney-Criddle analysis adjusted for altitude. A summary of the Blaney Criddle analysis is attached as Exhibit “D” hereto. Accordingly, Applicant requests a decree allowing such credits to be stored in the ponds applied for in Claims One through Four herein, up to a maximum volume of 3.547 acre-feet per year. This claim entails a change of use for 0.05 c.f.s. of Applicant’s Salvation Ditch water rights, to add storage within Pete’s Pond, Robert’s Springs Pond, Jessi’s Waters Pond and Michael’s Park Pond and augmentation as decreed uses. Applicant will employ such accounting procedures and install such measuring devices as required by the Division Engineer to ensure that this change of water right will not result in an expansion of historical use of the amount of water changed herein. Name and address of the owner or reputed owner of the land in which any new diversion or storage structure or modification to an existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool: Applicant (21 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 59. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW296 Garfield County; Unnamed Tributaries to the Colorado River. West Divide Water Conservancy District, c/o Olszewski & Massih, P.C., P.O. Box 916, Glenwood Springs, CO 81602. Silt Water Conservancy District, Farmers’ Irrigation Company, c/o Caloia, Houpt & Hamilton, P.C., 1204 Grand Avenue, Glenwood Springs, Colorado 81601. Please direct all correspondence, motions and pleadings to the attorneys for the Applicants. Applicant West Divide operates an existing “umbrella” augmentation plan under which it replaces out-of-priority depletions resulting from the operation of certain structures within a specified geographical area. By agreement with Silt and Farmers, West Divide has obtained access to the use of Silt’s and Farmers’ water diversion and delivery facilities that will allow West Divide to expand the geographical area within which it can operate its umbrella augmentation plan. The expanded area is referred to herein as the Silt Mesa Service Area, and can be generally described as

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an area lying north of the Colorado River and south of the Grand Hogback, and extending generally from Rifle to New Castle, Colorado. A map depicting Applicants’ Silt Mesa Service Area is attached to the Application and can be obtained by contacting Applicants’ counsel. The within Application seeks to augment depletions from current and future structures located within the Silt Mesa Service Area. Structures located within the Service Area will operate as alternate points of diversion for West Divide’s Avalanche Canal and Siphon water right when said right is in priority. When the Avalanche Canal and Siphon is out of priority, augmentation water will be provided directly and by exchange to structures within the Silt Mesa Service Area via releases of water stored in Ruedi, Wolford Mountain and/or Green Mountain Reservoirs to which West Divide is entitled pursuant to contracts between West Divide and the owners of those facilities. In some cases, the released water may be diverted by and delivered through the Silt Pump Canal, and delivered through the facilities of Silt and Farmers. Strict accounting and reporting requirements will be implemented to ensure proper administration by the State and Division Engineers. Notice of individual structures to be augmented shall be provided at least annually to the Division Engineer’s Office for Water Division No. 5. Further notice of the structures covered by Applicants’ umbrella augmentation plan shall be made in subsequent diligence cases related to Applicants’ conditional appropriative rights of exchange claimed below. This Application includes conditional appropriative rights of exchange within the Silt Mesa Service Area between the Colorado River and the outer boundary of the Service Area and includes specific points of diversion for wells, surface water rights, and reservoirs to be covered by the plan for augmentation described herein. The change of water rights, plan for augmentation and appropriative rights of exchange described herein shall be owned and operated by West Divide, with the cooperation of Silt and Farmers. CLAIM FOR CHANGE OF WATER RIGHTS. Claim for Alternate Points of Diversion. Decreed name of structure for which change is sought: Avalanche Canal and Siphon. From previous decree: Date entered: June 20, 1958. Case No.: C.A. 4613. Court: Garfield County District Court. Headgate No. 1, being the initial point of diversion for the Avalance Canal and Siphon, is located on the right bank of the Crystal River at a point whence the witness corner at the Southwest Corner of Section 9, Township 10 South, Range 88 West, 6th P.M. bears North 03deg9' West 546 feet, said point being at the outlet of the Osgood Reservoir. Headgate No. 2, being the second point of diversion for the Avalance Canal and Siphon, is located on the right bank of Avalanche Creek at a point whence the West Quarter Corner Section 28, Township 9 South, Range 88 West, 6th P.M. bears North 67deg15' West 4,538.1 feet. Source: Crystal River or Avalanche Creek or both sources. Appropriation Date: April 22, 1957. Amount: 830 cfs, conditional. Use: Generation of electric energy, domestic and municipal, industrial, irrigation and stockwatering. Proposed change: Applicants seek alternate points of diversion for the Avalanche Canal and Siphon to various existing and future points of diversion located within the Silt Mesa Service Area. A description of the specific alternate points of diversion shall be provided to the Division Engineer’s Office at least annually, and to the public in subsequent diligence cases related to the claim for conditional appropriative rights of exchange described below. Remarks: All alternate points of diversion shall be located within the Silt Mesa Service Area. When water is not legally and physically available at the points of diversion for the Avalanche Canal and Siphon, depletions at the alternate points of diversion will be augmented via releases from Ruedi, Wolford Mountain and/or Green Mountain Reservoirs pursuant to the augmentation plan described below. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION. Plan for Augmentation. Structures to be augmented: Wells, surface water rights, and reservoirs located in the Silt Mesa Service Area. Water rights to be used for augmentation: Ruedi Reservoir, Green Mountain Reservoir and Wolford Mountain Reservoir, and diverted through the Silt Pump Canal. Ruedi Reservoir. Source: Frying Pan River, tributary to Colorado River. Legal Description: On-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West, 6th P.M. Adjudication date: July 20, 1958. Appropriation date: July 29, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Decreed Amount: 102,369 acre feet. Uses: Generation of electric energy, domestic, municipal, piscatorial, industrial, irrigation and stock watering. Remarks: Applicant, West Divide, has an interest in 600 acre feet of water from Ruedi Reservoir pursuant to Contracts between West Divide and the Bureau of Reclamation. West Divide may increase the amount of Ruedi Reservoir water under contract with the Bureau of Reclamation and may add any additional Ruedi water to this augmentation plan. Green Mountain Reservoir. Source: Blue River, tributary to Colorado River. Legal Description: Located approximately 16 miles Southeast of the Town of Kremmling, Colorado in all or parts of Sections 11 through 15 and 24 of Township 2 South, Range 80 West, and in Sections 17 through 21, 28, 29 and 34, Township 2 South, Range 79 West, 6th P.M. Adjudication date: October 12, 1955. Appropriation date: August 1, 1935. Case Nos.: 2782, 5016 and 5017. Court: U.S. District Court, District of Colorado. Decreed Amount: 154,645 acre feet. Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. Remarks: Applicant, West Divide, has an interest in 200 acre feet of water from Green Mountain Reservoir pursuant to Contract Number 8-07-60-W0726, dated October 21, 1998, between West Divide and the Bureau of Reclamation. West Divide may increase the amount of Green Mountain Reservoir water under contract with the Bureau of Reclamation and may add any additional Green Mountain water to this augmentation plan. Wolford Mountain Reservoir. The Colorado River Water Conservation District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights: Case No. 87CW283: Decree Date: November 20, 1989. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy Creek and its tributaries. Amount: 59,993 acre

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feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251. Appropriation Date: December 14, 1987. Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987 between the River District and the City and County of Denver. Case No. 95CW281: Decree Date: August 26, 1997. Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. Source: Muddy Creek and its tributaries. Amount: 6,000 acre feet conditional. Appropriation Date: January 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. Case No. 98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries. Amount: 30,000 acre feet conditional with 15,895 AF being absolute for recreational and piscatorial and flood control. Appropriation Date: November 17, 1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners under the River District’s contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases. Remarks: Any use of Wolford Mountain Reservoir shall be pursuant to West Divide having in force a water allotment contract from the Colorado River Water Conservation District. West Divide currently has a contract in place for 10 acre feet of the River District’s Colorado River water supplies, which includes Wolford Mountain Reservoir. Statement of Plan for Augmentation. This umbrella plan for augmentation, including exchange, augments the out-of-priority depletions associated with various existing and future structures located in the Silt Mesa Service Area. The Silt Mesa Service Area is described as that area north of the Colorado River and south of the Grand Hogback, and all tributaries thereto, located between a downstream point on the bank of the Colorado River that is 2,540 feet south of the north section line and 1,005 feet west of the east section line of Section 15, T.6S., R.93W. of the 6th P.M. and an upstream point on the bank of the Colorado River that is 1,890 feet south of the north section line and 4,940 feet east of the west section line of Section 11, T.6S., R.92W. of the 6th P.M. The Silt Mesa Service Area includes: 1) portions of Sections 2, 10, 11, 12, and 14, and all of Section 1 within T. 6 S., R. 93 W., 6th P.M.; 2) portions of Sections 2, 7, 8, 9, 10, and 11, and all of Sections 3, 4, 5 and 6 within T. 6 S., R. 92 W., 6th P.M.; 3) portions of Sections 13, 14, 15, 16, 21, 23, 24, 29 and 32, and all of sections 22, 25, 26, 27, 28, 33, 34, 35, and 36 within T. 5 S., R. 92 W., 6th P.M.; 4) portions of Sections 19, 20, 21, 28, 29, 32, and 33, and all of Sections 30 and 31, within T. 5 S., R. 91 W., 6th P.M., as generally depicted on Exhibit A, to the Application. Points of diversion within the Silt Mesa Service Area will operate as alternate points of diversion for the Avalanche Canal and Siphon when the Avalanche Canal and Siphon is in priority. When the Avalanche Canal and Siphon is out of priority, augmentation water will be provided via releases from Ruedi, Wolford Mountain and/or Green Mountain Reservoirs. Augmentation to the Colorado River will only be required during such times as the Avalanche Canal and Siphon water right is out of priority. Augmentation water for calling structures within the Silt Mesa Service Area will be provided via releases of water from Ruedi, Wolford Mountain and/or Green Mountain Reservoirs, some of which may be diverted at the Silt Pump Canal and delivered using the facilities of Silt and Farmers. These facilities include Harvey Gap Reservoir, the Farmers’ Irrigation Company East and West Laterals, and the Silt Pump Canal. The Silt Pump Canal is located in Garfield County, Colorado, at a point on the northerly bank of the Colorado River, whence the

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section corner common to Sections 2, 3, 10 and 11, Township 6 South, Range 92 West, of the 6th P.M. bears North 69°55’, West 7,455 feet. A pump and pipeline constructed in the Silt Pump Canal will deliver water from the Pump Canal to the West Lateral of the Farmers’ infrastructure. This water will be released at existing and future turnouts along the Pump Canal and other facilities of Silt and Farmers to supply water to calling water rights. Consistent with West Divide’s previously approved augmentation plan, the depletions associated with the diversions at the alternate points of diversion within the Silt Mesa Service Area will be determined based upon the following assumptions: Irrigation. Water requirements associated with irrigation have been determined from a modified Blaney-Criddle assessment adjusted for precipitation and temperature conditions at varying elevation zones (Table 1 of the application). Irrigation efficiency of 70% will be assumed for all sprinkler irrigation applications.Domestic In-house Use. In-house diversions for single and multi-family residences will be 300 gallons per day per residence. Consumptive water use will be 15% for non-evaporative ISDS systems and 5% for central wastewater treatment systems. Livestock. Consumptive use for horses, cows and other types of livestock will be 11 gallons per day per animal. Evaporation. Replacement water for evaporation from ponds or other water surfaces will vary by elevation zone and will be determined by Applicants and the Division Engineer’s Office. Office Buildings. Water use for office buildings will be based on 20 gallons per capita per day. Consumptive water use will be 15% for non-evaporative ISDS systems and 5% for central wastewater treatment systems. Water Hauling. All water hauled for commercial and industrial purposes is assumed to be 100% consumptive. Other Uses. Water requirements for other uses, including commercial and industrial, will be determined on a case-by-case basis. These case-by-case water use estimates will be subject to review and approval by the Division Engineer. Delayed Depletions from Ground Water Diversions. The amount of stream depletion will be calculated using delayed depletion factors and delayed return flow factors based on a Glover analysis of well diversions. Wells are grouped in six separate categories based on location and aquifer. The delayed depletion factors for each category are presented in Table 2 of the Application. Transit Losses. Transit losses of 5% will be applied to all releases from Ruedi, Wolford Mountain and/or Green Mountain reservoir. Applicant, West Divide, will provide detailed accounting of diversions and depletions to the State and Division Engineers as required by the State and Division Engineers to administer the within augmentation plan. Measuring devices will be required for all surface and groundwater diversions. Names and addresses of owners or reputed owners of land upon which augmentation structures are located: Ruedi Reservoir and Green Mountain Reservoir: United States Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Road 18E, Loveland, CO 80537-9711; Wolford Mountain Reservoir, Colorado River Water Conservation District, 201 Centennial St., Suite 204, Glenwood Springs, CO 81601. CLAIM FOR CONDITIONAL APPROPRIATIVE RIGHTS OF EXCHANGE. Applicants claim conditional appropriative rights of exchange within the Silt Mesa Service Area. Water released from Ruedi, Wolford Mountain and Ruedi Reservoirs may be exchanged to various points of diversion for wells, surface water rights and reservoirs. The reaches for each exchange are generally between the Colorado River and the upper boundary of the Silt Mesa Service Area. The upper and lower termini of the exchanges and exchange amounts are described as follows: Unnamed Tributary 1; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 93W Section 11; Distance from North Section Line 3890'; Distance from East Section Line1170'; Lower Terminus; Township 5S Range 92W Section 16; Distance from North Section Line 2905'; Distance from East Section Line 3070'.Unnamed Tributary 2; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 93W Section 12; Distance from North Section Line 3460'; Distance from East Section Line 4770'; Lower Terminus; Township 6S Range 93W Section 1; Distance from North Section Line 3170' Distance from East Section Line 1790'. Unnamed Tributary 3; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 93W Section 12; Distance from North Section Line 2300'; Distance from East Section Line 260'; Lower Terminus; Township 5S Range 92W Section 15; Distance from North Section Line 2365'; Distance from East Section Line 430'. Unnamed Tributary 4; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 8; Distance from North Section Line 360'; Distance from East Section Line 4380'; Lower Terminus; Township 5S Range 92W Section 26; Distance from North Section Line 4200'; Distance from East Section Line 5150'. Unnamed Tributary 5; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 8; Distance from North Section Line 475'; Distance from East Section Line 3640'; Lower Terminus ; Township 5S Range 92W Section 35; Distance from North Section Line 2500'; Distance from East Section Line 2560'. Unnamed Tributary 6; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 8; Distance from North Section Line 910'; Distance from East Section Line 2250'; Lower Terminus ; Township 6S Range 92W Section 4; Distance from North Section Line 3055'; Distance from East Section Line 4020'. Unnamed Tributary 7; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 9; Distance from North Section Line 840'; Distance from East Section Line 2670'; Lower Terminus; Township 5S Range 92W Section 24; Distance from North Section Line 150'; Distance from East Section Line 1260'. Unnamed Tributary 8; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 9; Distance from North Section Line 840'; Distance from East Section Line 2670'; Lower Terminus; Township 5S Range 92W Section 26; Distance from North Section Line 5075'; Distance from East Section Line 1850'. Unnamed Tributary 9; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 4; Distance from North Section Line 390'; Distance from East Section Line 160'; Lower Terminus; Township 5S Range 92W Section 36; Distance from North Section Line 685'; Distance from East Section Line 550'. Unnamed Tributary 10; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 4; Distance from North Section Line 390'; Distance from East Section Line 160'; Lower Terminus; Township 5S Range 91W Section 30; Distance from North Section Line

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5020'; Distance from East Section Line 1620'. Unnamed Tributary 11; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 4; Distance from North Section Line 390'; Distance from East Section Line 160'; Lower Terminus; Township 5S Range 91W Section 31; Distance from North Section Line 2320'; Distance from East Section Line 1540'. Unnamed Tributary 12; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 3; Distance from North Section Line 4235'; Distance from East Section Line 3325'; Lower Terminus ; Township 6S Range 92W Section 3; Distance from North Section Line 550'; Distance from East Section Line 1230'. Unnamed Tributary 13; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 3; Distance from North Section Line 5530'; Distance from East Section Line 615'; Lower Terminus ; Township 5S Range 91W Section 20; Distance from North Section Line 2300'; Distance from East Section Line 2680'. Unnamed Tributary 14; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 3; Distance from North Section Line 5530'; Distance from East Section Line 615'; Lower Terminus; Township 5S Range 91W Section 32; Distance from North Section Line 1640' Distance from East Section Line 4460'. Unnamed Tributary 15; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 11; Distance from North Section Line 350'; Distance from East Section Line 4865'; Lower Terminus ; Township 6S Range 92W Section 2; Distance from North Section Line 2960'; Distance from East Section Line 3040'. Unnamed Tributary 16; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 2; Distance from North Section Line 5380'; Distance from East Section Line 2575'; Lower Terminus ; Township 5S Range 92W Section 32; Distance from North Section Line 160'; Distance from East Section Line 160'. Unnamed Tributary 17; Amount (cfs) 1.0; Upper Terminus; Township 6S Range 92W Section 2; Distance from North Section Line 5380'; Distance from East Section Line 2575'; Lower Terminus; Township 5S Range 91W Section 20; Distance from North Section Line 3240'; Distance from East Section Line 305'. The specific points of diversion for wells, surface water rights and reservoirs shall be identified in subsequent applications to make the exchanges absolute and for finding of reasonable diligence on the remaining conditional exchanges. The date of appropriation for each of the exchanges claimed herein shall be October 1, 2004. The appropriation was initiated by formation of intent to appropriate the exchanges as claimed herein. At timely intervals as required by statute, Applicants shall file an application for finding of reasonable diligence for the conditional appropriative rights of exchange claimed herein. Approval of the subject Application will not result in injury to any vested or decreed conditional water rights. WHEREFORE, Applicants request the Court approve their Application for Change of Water Rights, Plan for Augmentation, and Claims for Exchange upon such terms and conditions as are just and proper. (12 pages. Map. 2 Tables). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 60. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW297 EAGLE, PITKIN, SUMMIT AND GARFIELD COUNTIES, SOURCE: RILAND CREEK tributary to Colorado River, Amended Application for Surface Rights and Approval of Plan for Aug. Including Exchange of L Quarter Circle, LLLP c/o Scott Balcomb and Sara M. Dunn, Balcomb & Green, PO Drawer 790, Glenwood Springs, CO 81602 (970)945-6546; Name of structure: FL Anderson Enlargement of the Riland Creek Ditch; Legal description of diversion point: headgate is situated on the right bank of Riland Creek, at a point whence the SE corner of Sec. 15, T3 S., R87 W. 6PM bears S. 54 deg. 31’ E. 1256.7 ft (this structure also serves as the diversion point for the Riland Creek Ditch); Approp: 9/9/2005 initiated by formation of intent to appropriate water and apply it to beneficial use and field investigation. Date water applied to beneficial use: N/A. Amt. claimed: 2.0 cfs, cond. for proposed Irr. 10 ac.; legal description of the land irrigated: SE1/4 of Sec. 15; the SW1/4 of the NE1/4, T3 S., R87 W., 6PM; NE1/4 NW1/4; W1/2 NE1/4 and the SE1/4 NE1/4 of Sec. 22 in T3 S., R87 W. 6PM, and Dom. and stock watering 6 horses. Plan for Aug. incl. Exchange as follows: Structure augmented: FL Anderson Enlargement of the Riland Creek Ditch; Other water rights are diverted from this structure: Riland Creek Ditch adjudicated in C.A. 460 on 12/9/1907. Previous Decrees for water rights to be used for Aug: Wolford Mountain Reservoir. The River Dist. owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir); Case No. 87CW283: Decreed: 11/20/1989; legal description of storage: dam is located in the SW1/4 NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6PM. The intersection of the dam axis (Sta. D19+35.61) with the W. Access Road (Sta. WR50+55.05) occurs at a point which bears S. 53 deg. 24'56" E. a distance of 3,395.51 ft from the NW corner of said Sec. 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75 deg. 28' 29" E; Source: Muddy Creek and its tributaries; Previous storage decrees: Case No. 87CW283: Decreed: 11/20/1989; Dist. Ct., Water Div. 5; Amt: 59,993 AF; Approp. 12/14/1987; Use: All beneficial uses, including but not limited to Dom., muni., ag. and rec. uses; Case No. 95CW281: Decreed: 8/26/1997; Dist. Ct., Water Div. 5. Amt: 6,000 AF (Enlargement); Approp. 1/16/1995; Use: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to

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Dom., muni., Ind., Irr., ag., piscatorial, rec. and environmental mitigation; such uses will include environmental mitigation, including those requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, Aug., or exchange. Case No. 98CW237: Decreed 7/6/2000; Dist. Ct., Water Div. 5; Amt: 30,000 AF (refill); Approp. 11/17/1998; Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283 and Case No. 95CW281, both summarized above. Ruedi Reservoir. The River Dist. holds Contracts No. 009D6C0111, 009D60118, and 03F6C0011 from the U.S. Bureau of Reclamation for 1,730 AF of annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. Legal description of place of storage: Ruedi Reservoir is located in Sec.s 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6PM, in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Sec. 7, T. 8 S., R. 84 W. of the 6PM bears N. 82 deg.10'W. 1,285 ft; Source: Fryingpan River; Previous storage decrees: Civil Action No. 4613; Decreed: 6/20/1958; Garfield Cty. Dist. Ct.; Amt: 140,697.3 AF, reduced to 102,369 AF pursuant to order of the Dist. Ct., Water Div. No. 5 in Case No. W-789-76;. Approp. 7/29/1957; Use: Dom., municipal, Irr., Ind., generation of electrical energy, stock watering and piscatorial; Case No. 81CW34: Decree Date: 4/8/1985; Dist. Ct., Water Div. No. 5; Amt: 101,280 AF (refill); Approp. Date: 1/22/1981; Use: Irr., Dom., municipal, generation of electrical energy, stock watering, Ind., piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought; Statement of plan for Aug. and Exchange, covering all applicable matters under C.R.S. 37-92-103(9), 302(1)(2) and 305(8): Applicant contemplates an enlargement of the Riland Creek Ditch to irrigate 10 ac of pasture and stock watering of 6 horses to be provided by diversions under the FL Anderson Enlargement of the Riland Creek Ditch. Applicant’s Irr. will consume 2.0 AF per ac. annually, with a 60 percent application efficiency. Stockwater is anticipated to require 12 gpd per horse, 100 percent consumptive. Depletions associated with diversions on L Quarter Circle property will be augmented using water stored in Ruedi Reservoir, Green Mountain Reservoir, and/or water stored in Wolford Mountain Reservoir. Applicant will either enter into an allotment contract with the CO. River Water Conservation Dist. for Wolford Mountain Reservoir, Green Mountain Reservoir, and/or Ruedi Reservoir Water or enter into a long-term Contract directly with the Bureau of Reclamation. Applicant claims an appropriative right of exchange 2.0 cfs, up to 34 AF annually, with an Approp. date of 9/9/2005. The upstream terminus of the Aug. by exchange described above is the point of diversion of the FL Anderson Enlargement of the Riland Creek Ditch on Riland Creek, tributary to Sweetwater Creek. The downstream termini are the confluence of the CO. River and the Roaring Fork River and the confluence of Sweetwater Creek and the CO. River. Name(s) and address(es) of owner(s) of land on which structure(s) 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: Applicant and U.S. Bureau of Reclamation, Eastern CO. Area Office, Great Plains Region, 11056 W. CR 18E, Loveland, CO 80537-9711. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 61. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW298 Pitkin County - Ground water and surface water tributary to Conundrum Creek, tributary to Castle Creek, tributary to the Roaring Fork River, tributary to Colorado River; Blue River, tributary of Colorado River; and, Frying Pan River, tributary of Colorado River. Application for Surface and Groundwater Rights and Approval of Plan for Augmentation, Including Appropriative Rights of Exchange. Michael Tanguay c/o Scott Balcomb and Anne Marie McPhee, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81601, (970) 945-6546. First Claim. Surface Water Right. Name of structure: Tanguay Ditch. Legal description of each point of diversion: NE1/4 SW1/4 of Sec. 2, T. 11 S., R. 85 W. of the 6th P.M. at a point 1999 ft. from the S. Sec. Line and 2649 ft. from the E. Sec. Line. Source: Conundrum Creek. Date of initiation of appropriation: 08/16/2005. How appropriation was initiated: By completing an engineering field survey of the Tanguay Ditch diversion from Conundrum Creek and its alignment through the Tanguay property. Date water applied to beneficial use: 08/16/2005. Amt. claimed: 1.0 c.f.s., absolute for recreation, piscatorial and fire protection; 1.0 cfs, conditional for irrigation and hydroelectric. Use or proposed use: Number of acres proposed to be irrigated: 0.23 acre located in the NE1/4SW1/4, NW1/4SE1/4 and the SW1/4NE1/4 of Sec. 2, T. 11 S., R. 85 W. of the 6th P.M. If non-irrigation, describe purpose fully: Recreation, piscatorial, fire protection, hydroelectric and recharge of Tanguay Well Pond Nos. 1 and 2, described below. Second Claim. Groundwater Right. Name of Well/Ground Water Right: Tanguay Well Pond No. 1. Legal description of location of outlet: NW1/4 SE1/4 of Sec. 2, T. 11 S., R. 85 W. of the 6th P.M. at a point 2001 ft. from the S. Sec. Line and 2456 ft. from the E. Sec. Line. Name of ditch used to fill reservoir: Tanguay Ditch, described above. Source: Ground

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water and surface water tributary to Conundrum Creek. Date of appropriation: 12/31/1998. How appropriation was initiated: By construction of pond and diversion and application of water to beneficial use. Date water applied to beneficial use: 12/31/1998. Amount claimed: 0.92 a.f., absolute, for recreation, piscatorial and fire protection; 0.92 a.f., conditional, for irrigation and hydroelectric. Rate of diversion in c.f.s. for filling the reservoir: 1.0 cfs. Use or proposed use: Recreation, piscatorial, irrigation, fire protection and hydroelectric. Total number of acres proposed to be irrigated: 0.23 acre, total combined irrigation from Tanguay Well Pond No. 1 and Tanguay Well Pond No. 2, located in the NE1/4SW1/4, NW1/4SE1/4 and the SW1/4NE1/4 of Sec. 2, T. 11 S., R. 85 W. of the 6th P.M. Surface area of high water line: 0.18 acre. Total capacity of reservoir in acre ft.: 0.488 a.f. Remarks: The Tanguay Well Pond No. 1 is considered a well because it intercepts groundwater. The amount claimed for Tanguay Well Pond No. 1 is greater than its storage capacity because it intercepts groundwater. 0.54 a.f. is lost to evaporation on an annual basis and 0.38 a.f. is used for irrigation diversions. Third Claim. Groundwater Right. Name of Well/Ground Water Right : Tanguay Well Pond No. 2. Legal description of location of outlet : NW1/4 SE1/4 of Sec. 2, T. 11 S., R. 85 W. of the 6th P.M. at a point 1973 ft. from the S. Sec. Line and 2365 ft. from the E. Sec. Line. Name of ditch used to fill reservoir: Tanguay Ditch, described above. Source: Groundwater and surface water tributary to Conundrum Creek. Date of appropriation: 12/31/1998. How appropriation was initiated: By construction of pond and diversion and application of water to beneficial use. Date water applied to beneficial use: 12/31/1998. Amount claimed: 0.65 a.f., absolute, for recreation, piscatorial and fire protection; 0.65 a.f., conditional, for irrigation and hydroelectric. Rate of diversion for filling the reservoir: 1.0 cfs. Total number of acres proposed to be irrigated: 0.23 acre, total combined irrigation from Tanguay Well Pond No. 1 and Tanguay Well Pond No. 2, located in the NE1/4SW1/4, NW1/4SE1/4 and the SW1/4NE1/4 of Sec. 2, T. 11 S., R. 85 W. of the 6th P.M. If non-irrigation, describe purpose fully: Recreational, piscatorial, fire protection and hydroelectric. Surface area of high water line: 0.09 acre. Total capacity of reservoir in acre ft.: 0.292 a.f. Remarks: The Tanguay Well Pond No. 2 is considered a well because it intercepts groundwater. The amount claimed for Tanguay Well Pond No. 2 is greater than its storage capacity because it intercepts groundwater. 0.27 a.f. is lost to evaporation on an annual basis and 0.38 a.f. is used for irrigation diversions. Fourth Claim. Plan for Augmentation, Including Appropriative Rights of Exchange. Names of Structures to be augmented: Tanguay Well Pond Nos. 1 and 2, described above. Previous decrees for water rights to be used for augmentation: Information from previous decree for Green Mountain Reservoir: Source: Blue River, tributary of Colorado River. Legal description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Secs. 11, 12, 13, 14, 15, and 24 of T. 2 S., R. 80 W., and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W. of the 6th P.M. Adjudication Date: 10/12/1955. Appropriation Date: 08/01/1935. Case No.: 2782, 5016, and 5017, United States District Court, District of Colorado. Decreed Amount: 154,645 a.f. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Information from previous decree for Ruedi Reservoir: Source: Frying Pan River, tributary of Colorado River. Legal description: an on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through18, T. 8 S., R. 84 W. of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: 06/20/1958. Appropriation Date: 07/29/1957. Case No.: C.A. 4613, Garfield County District Court. Decreed Amount: 102,369 a.f. (Originally decreed for 140,697.3 a.f.; reduced to 102,369 a.f. in Case No. W-789-76). Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 a.f., conditional. In Water Court Case No. 95CW95, 44,509 a.f. was made absolute. Information from previous decrees for Troy Ditch and Edith Ditch rights:

AMOUNT SOLD, TRANSFERRED OR RESERVED

AMOUNT REMAINING (10)STRUCTURE

PRIORITY

COURT CASE NO.

ADJ DATE

APP DATE

DECREED AMOUNT (CFS)

USE (4)

(5) (6) (7) (8) (9) CFS AF

Troy Ditch (1)

370 3082 08/25/1936

05/01/1906

5.10 I 0.000

0.000

0.095

0.064

0.035 4.906 N/A

Troy Ditch 1st Enlg

427 3082 08/25/1936

05/01/1928

10.80 I 0.000

0.000

0.200

0.134

0.073 10.393 N/A

Troy Ditch 2nd Enlg

669 4613 06/20/1958

06/01/1942

6.20 I 0.000

0.000

0.115

0.077

0.042 5.966 N/A

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Edith Ditch

353 3082 08/25/1936

05/01/1904

2.72 I 0.110

0.1320

0.050

0.000

0.018 2.410 N/A

Edith Ditch 1st Enlg

673 4613 06/20/1958

07/01/1946

3.23 I 0.000

0.000

0.060

0.000

0.022 3.148 N/A

Troy Ditch Water System a.k.a. Lower Headgate

(2) W-2281

15.50(3) I,D,M C,P

0.110

0.1320

0.520

0.275

0.190 14.273 412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River; (2) Alternate point for all priorities of Troy and Edith Ditches; (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored; (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial; (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF; (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included); (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan; (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included); (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220; (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. Information from previous decrees for Robinson Ditch rights:

STRUCTURE

DECREED AMOUNT/ cfs

AMOUNT OWNED BY BWCD (cfs)(1)

ADJ. DATE

APP. DATE

PRIORITY CASE NO. (2)

ROBINSON DITCH

5.00 1.21 05/11/1889 06/15/1882 38 132

ROBINSON DITCH

2.50 0.60 05/11/1889 04/15/1886 140 132

ROBINSON DITCH

2.00 0.48 05/11/1889 11/15/1886 167 132

ROBINSON DITCH

10.70 2.59 12/29/1903 04/25/1899 212C 1061

ROBINSON DITCH

20.06 4.85 08/25/1936 04/25/1900 326 3082

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch; (2) District Court in and for Garfield County. Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Sec. 11, T. 8 S., R. 87 W., 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 a.f. of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant

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to an approved substitute supply plan or decree of Court. Statement of plan for augmentation: Applicant anticipates diversions from the Tanguay Ditch and Tanguay Well Pond Nos. 1 and 2 may be out-of-priority at certain times of the year from senior calling rights on the Colorado River, Roaring Fork River and/or Castle Creek. Applicant is in the process of obtaining a water service contract from the Basalt Water Conservancy District ("BWCD") for 1.30 acre-feet of storage rights in Ruedi Reservoir or Green Mountain Reservoir. Over the 0.29 surface acre associated with the Ditch and Well Pond System, the total annual surface evaporation is estimated to be 0.856 acre-feet. The Tanguay Ditch and Well Ponds will be used for 0.23 acre of lawn and garden irrigation. The net irrigation requirement on Applicants' land is 1.33 acre-feet per acre. Consequently, the total annual irrigation consumptive use for the Applicant’s 0.23 acre of irrigated land is 0.31 a.f. During periods that a call has been made on the Colorado River or Roaring Fork River downstream of the confluence of the Roaring Fork River and the Fryingpan River, BWCD contract water will be released in an amount sufficient to offset the evaporative and irrigation depletions of the Tanguay Ditch and Well Pond system. The storage releases shall mitigate the potential injury to the stream downstream of the confluence of the Roaring Fork River and the Fryingpan River, thereby allowing Applicant to continue utilizing the Tanguay Ditch and Well Ponds. The BWCD contract will cover the 1.17 acre foot of annual consumptive use associated with pond evaporation and irrigation at the Tanguay property, as well as a 10% transit loss of 0.117 acre-feet released from Green Mountain Reservoir. During periods that a valid call has been placed on the Roaring Fork River or Castle Creek upstream of the confluence of the Roaring Fork River and Fryingpan River that cannot be satisfied with BWCD storage releases, diversions for irrigation purposes will cease. In addition, the Tanguay Well Ponds will not be allowed to fill and refill, but rather will be lowered at the rate necessary to offset evaporative losses from the Well Pond and Ditch System. If a valid call is placed on Conundrum Creek, all diversions through the Tanguay Ditch will cease. Moreover, Tanguay Well Pond Nos. 1 and 2 will be lowered as discussed above in order to offset evaporative losses from the Well Pond and Ditch system. If the augmentation plan is operated as described above, there will be no injury to other vested water rights. Exchange Appropriation. Applicant requests confirmation of two appropriative rights of exchange as follows: The downstream terminus of the first exchange, which will operate if exchange water is released from Green Mountain Reservoir, is at the confluence of the Colorado River and the Roaring Fork River with the upstream terminus at the Tanguay Ditch, described above. The downstream terminus of the second exchange, which will operate if exchange water is released from Ruedi Reservoir, is at the confluence of the Roaring Fork River and the Fryingpan River with the upstream terminus at the Tanguay Ditch, described above. Maximum Rate of Exchange: 0.004 cfs (includes 10% transit loss); maximum volume of 1.3 acre-feet annually. Date of Appropriation: 08/16/ 2005. How appropriation was initiated: By field observation and formation of intent to appropriate and operate water rights utilizing an exchange. Names and addresses of owners of the land on which structures 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. Applicant. Portions of Tanguay Well Pond Nos. 1 and 2 are also located on property owned by: Highland Ranch, Ltd., P.O. Box 1152, Aspen, CO 81612. (12 pages + exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 62. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 2005CW299 PITKIN COUNTY, COLORADO. APPLICATION FOR ALTERNATE POINT OF DIVERSION AND ADDITIONAL PLACES OF USE OF THE CITY OF ASPEN: 1. Name, address and telephone number of Applicant. City of Aspen, Colorado, c/o Phil Overeynder, Water Director, 130 South Galena Street, Aspen, CO 81611, (970) 920-5110. Communications, including pleadings regarding this application should be directed to counsel for the applicant, Cynthia F. Covell, Alperstein & Covell P.C., 1600 Broadway, Suite 2350, Denver, CO 80202, Telephone: (303) 894-8191, Fax: (303) 861-0420, E-mail: cfc@alpersteincovell.com. 2. Background. Applicant (“Aspen”) is a municipal water provider. Among other things, Aspen provides untreated water for irrigation of golf courses, parks and open space, and for recreation, aesthetic, piscatorial, wildlife and other purposes within and without the city limits. Aspen has committed to develop a reuse water system to enable it to use treated municipal wastewater effluent from Aspen Consolidated Sanitation District (“ACSD”) for some outdoor irrigation. Aspen intends to divert such reuse water at the discharge point of the ACSD wastewater treatment plant (the “Aspen Reuse Water Diversion”) located on the Roaring Fork River west of Aspen. This application is filed in order to confirm alternate points of diversion for Aspen’s interest in two irrigation rights, the Holden Ditch and the Marolt Ditch, at the Aspen Reuse Water Diversion on the Roaring Fork River, and to allow water diverted at such alternate point of diversion to be used for irrigation at both the locations where the water has historically been used and at additional places of use. This application does not seek to use Aspen’s interest in water rights decreed to the Holden Ditch and the Marolt Ditch, wherever diverted, for non-irrigation purposes. 3. Decreed Names of Structures for which Alternate Point of Diversion is Sought. Holden Ditch and Marolt Ditch. 4. Information from Previous Decrees. Table 1

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Holden Ditch Marolt Ditch

A. Date Entered 10/24/1952 7/25/1934

B. Case No. CA 4033 CA 3053

C. Court Ninth Judicial District Ninth Judicial District

D. Type of water right Surface Surface

E. Legal Description of point of diversion

Headgate is located at a point on the westerly bank of Castle Creek whence the northwest corner of Section 13, Township 10 South, Range 85 West of the 6th P.M. bears North 39°52' West a distance of 1923.4 feet.

Headgate is located on the west bank of Castle Creek at point whence the West quarter corner of Section 12, Township 10 South, Range 85 West of the 6th P.M. bears North 26°36' West 3542 feet.

F. Source Castle Creek, tributary to the Roaring Fork River

Castle Creek, tributary to the Roaring Fork River

G. Amount owed by Aspen 25.9 cfs absolute 14.6 cfs absolute

H. Appropriation date 8/27/1950 3/1/1902

I. Decreed use Irrigation Irrigation Exhibit A attached hereto is a map showing the decreed points of diversion for the Holden and Marolt Ditches and the area historically irrigated. 5. Historic use. The Holden and Marolt Ditches were originally decreed for irrigation of approximately 600 acres. More recently, Aspen’s interest in the Holden and Marolt Ditches has been used for irrigation of approximately 155 acres at the Aspen Municipal Golf Course, 54.1 acres on the Marolt/Thomas Open Space, and 1.56 acres at the Bugsy Barnard Park, all located within the historically irrigated area, which is shown on Exhibit A, and is located generally in Sections 1, 2, 11, 12 and 13, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County. The headgate of the Holden Ditch is located approximately 750 feet upstream of the Marolt headgate, and the Holden Ditch is interconnected with the Marolt Ditch. The combined system has been used to irrigate both the Aspen Municipal Golf Course and the Marolt/Thomas Open Space. Summaries of the diversion records for the Holden and Marolt Ditches are attached as Exhibit C. 6. Proposed Change. Aspen proposes to add an alternate point of diversion at the Aspen Reuse Water Diversion for up to 3 cfs decreed to the Holden Ditch and 3 cfs decreed to the Marolt Ditch (with a maximum total diversion at the alternate point of diversion of 3 cfs). The Aspen Reuse Water Diversion is located within the NE 1/4 of the SE 1/4 of Section 34, Township 9 South, Range 85 West of the 6th P.M. in Pitkin County, at a point approximately 205 feet west of the east section line and 2,040 feet north of the south section line, at the ACSD wastewater treatment plant discharge on the Roaring Fork River. This location is approximately three and a half miles downstream from the headgates of the Holden and Marolt Ditches. The location of the Aspen Reuse Water Diversion is shown on Exhibit B. Aspen will divert up to 3 cfs total at the Aspen Reuse Water Diversion as an alternate point of diversion for both the Holden Ditch and the Marolt Ditch. Water from the Holden and Marolt Ditch water rights that is diverted at the Aspen Reuse Water Diversion will be delivered via pipeline to the Aspen Reuse Pond at the Aspen Municipal Golf Course, as shown on Exhibit B. The water delivered to the Aspen Reuse Pond will be used for irrigation of the Aspen Municipal Golf Course, a location where the Holden and Marolt Ditches are currently used for irrigation. In addition, Aspen may also use water from the Holden and Marolt Ditches that is diverted at the alternate point of diversion for primary or supplemental irrigation of the Marolt/Thomas Open Space and Bugsy Barnard Park (both of which may also continue to be irrigated from the original points of diversion of the Holden and Marolt Ditches), Truscott Housing Project, Maroon Creek Club Golf Course, Burlingame Village open space, the Highway 82 corridor, open space and landscaping around Maroon Creek Bridge, Sardy Field and Aspen Airport Business Center (“AABC”) open space and Buttermilk Ski Area. The locations at which water may be used for primary or supplemental irrigation are shown on Exhibit B. Return flows from irrigation of the Aspen Municipal Golf Course, the Marolt/Thomas Open Space and Bugsy Barnard Park accrue primarily to Maroon Creek and will be unaffected by the alternate point of diversion as the Aspen Municipal Golf Course, the Marolt/Thomas Open Space and Bugsy Barnard Park are presently being irrigated by the Holden and Marolt Ditch water rights. Return flows from irrigation of the areas set forth above will accrue to Maroon Creek, Castle Creek and/or the Roaring Fork River. Aspen will not operate the alternate point of diversion in a manner that will cause injury to vested water rights on Castle Creek, Maroon Creek or the Roaring Fork River. Table 2 below shows the areas proposed for irrigation by Holden and Marolt Ditches via the alternate point of diversion. Table 2

Property Location of Irrigated Land

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Aspen Municipal Golf Course and Truscott Housing Project (a separate parcel but incorporated into the golf course)

Located generally in Secs. 1,2, 11 and 12, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County

Marolt/Thomas Open Space Located generally in Secs. 2, 11, 12 and 13 , Township 10 South, Range 85 West of the 6th P.M. in Pitkin County

Bugsy Barnard Park Located adjacent to Aspen Municipal Golf Course in NW 1/4 of the NE1/4 of the SW 1/4 of Sec. 12, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County

Maroon Creek Club Golf Course Located generally in Secs. 2 and 11, Township 10 South, Range 85 West of 6th P.M. in Pitkin County

Burlingame Village open space Sec. 2, Township 10 South., Range. 85 West of 6th P.M. in Pitkin County

Highway 82 corridor, open space, and Maroon Creek Bridge landscaping

Located generally in Secs. 2, 3, 1l, and 12, Township 10 South and Sec. 34, Township 9 South, all in Range 85 W. of 6th P.M. in Pitkin County

Sardy Field and AABC Located generally in Sec. 34, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County

Buttermilk Ski Area Located generally in Secs. 2 and 3, Township 10 South,. Range 85 West of 6th P.M. in Pitkin County

Aspen anticipates that the alternate point of diversion will be used at various times throughout the irrigation season, but that the original headgates of the Holden and Marolt Ditches will also continue to be used to divert water for irrigation. Aspen will measure all diversions at the headgate of the Holden Ditch and the Marolt Ditch and at the Aspen Reuse Water Diversion, and will provide accountings of such diversions as reasonably required by the Division Engineer. Aspen will measure and account for all diversions at each point of diversion to assure that Aspen diverts no more than its ownership share of the Holden and Marolt ditches. Therefore, no injury will be caused to vested water rights or decreed conditional water rights by the requested alternate point of diversion and additional places of use. 7. Names and addresses of owners or reputed owners of the land upon which the alternate point of diversion is or will be constructed, and owners of the land on which the water will be used . The Aspen Consolidated Sanitation District is the owner of the wastewater treatment plant that is the site of the Aspen Reuse Water Diversion. Its address is 565 North Mill Street, Aspen, CO 81611. The Aspen Municipal Golf Course, Truscott housing project, Marolt/Thomas Open Space, Bugsy Barnard Park, Burlingame Village open space, and the land to be irrigated on the Highway 82 Corridor, Highway 82 open space, and the Highway 82 Maroon Creek bridge landscaping, and portions of the land on which the Maroon Creek Club golf course is located are owed by the City of Aspen. The remaining portion of the Maroon Creek Club Golf Course is owned by Maroon Creek Limited Liability Company, 10 Club Circle, Aspen, CO 81611. Sardy Field and the AABC open space are owned by Pitkin County, 530 E. Main Street, Aspen, CO 81611. Portions of Buttermilk Ski Area are owned by the Aspen Skiing Company, P.O. Box 1248, Aspen, CO 81612. Other portions are owned by the United States Forest Service, White River National Forest, P.O. Box 948, Glenwood Springs, CO 81602. (6 pages, 4 pages of exhibits.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 63. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW300 PITKIN COUNTY, COLORADO. APPLICATION FOR SURFACE WATER RIGHTS AND WATER STORAGE RIGHTS OF THE CITY OF ASPEN: 1. Name, address and telephone number of Applicant. City of Aspen, Colorado, c/o Phil Overeynder, Water Director, 130 South Galena Street, Aspen, CO 81611, (970) 920-5110. Communications, including pleadings regarding this application should be directed to counsel for the applicant, Cynthia F. Covell, Alperstein & Covell P.C., 1600 Broadway, Suite 2350, Denver, CO 80202, Telephone: (303) 894-8191, Fax: (303) 861-0420, E-mail: cfc@alpersteincovell.com. 2. Background. Applicant (“Aspen”) is a municipal water provider. Among other things, Aspen provides untreated water for irrigation

DECEMBER 2005 RESUME WATER DIVISION 5

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of golf courses, parks and open space, and for recreation, aesthetic, piscatorial, wildlife and other purposes within and without the city limits. Aspen has committed to develop a reuse water system to enable it to use treated municipal wastewater effluent from Aspen Consolidated Sanitation District (“ACSD”) for irrigation, snowmaking and other appropriate uses. Aspen intends to divert such reuse water at the discharge point of the ACSD wastewater treatment plant located on the Roaring Fork River west of Aspen, to use said reuse water for irrigation of the Aspen Municipal Golf Course, and as a primary or supplemental irrigation supply at other locations, and for other non-irrigation uses, all as more fully described in this application. In addition, Aspen seeks decrees for certain existing ponds. FIRST CLAIM: APPLICATION FOR SURFACE WATER RIGHT (Aspen Reuse Water of lineDiversion): 3. Legal description of Aspen Reuse Water Diversion. The Aspen Reuse Water Diversion is located at the ACSD point of discharge on the left bank of the Roaring Fork River within the NE 1/4 of the SE 1/4 of Section 34, Township 9 South, Range 85 West of the 6th P.M., at a point approximately 205 feet west of the East section line and 2,040 feet north of the south section line, in Pitkin County, Colorado, as shown on Exhibit B hereto. 4. Source: Treated municipal effluent from the ACSD wastewater treatment plant, which water originates from Castle Creek, Maroon Creek, and the Roaring Fork River, and from Hunter Creek at such time as Aspen uses its Hunter Creek water rights for municipal uses. 5. Information regarding appropriation. A. Date of initial appropriation: April 11, 2005. B. How appropriation was initiated: City Council endorsement of a feasibility study for reuse irrigation water system and direction to City staff to proceed with the reuse water system and development of necessary water rights to implement the system. C. Date water applied to beneficial use: N/A. 6. Amount claimed: 3 cfs conditional. 7. Uses or proposed uses: Irrigation, snowmaking, recreation, aesthetic, piscatorial, wildlife propagation, fire protection and augmentation, and to fill and refill the Aspen Reuse Pond for said purposes. A. Irrigation uses. Number and legal description of acres proposed to be irrigated: The Aspen Reuse Water Diversion water right will be used together with the water rights decreed to the Holden and Marolt Ditches, as a primary irrigation supply for the Aspen Municipal Golf Course, which is currently irrigated by the Holden and Marolt Ditches, and is includes approximately 155 irrigated acres. In addition, the Aspen Reuse Water Diversion may be used as a primary or supplemental irrigation supply for the other areas identified on Table 1 below, and shown on Exhibit B. Table 1: Acres to be Irrigated by Aspen Reuse Water Diversion

Property Legal description No. acres*

Aspen Municipal Golf Course and Truscott Housing Project. (Truscott Housing Project is a separate parcel adjoining the golf course)

Located generally in Secs. 1, 2, 11, and 12, Township 10 South., Range 85 West of the 6th P.M. in Pitkin County

155

Marolt/Thomas Open Space Located generally in Secs. 2, 11, 12 and 13, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County

54.1

Bugsy Barnard Park Located adjacent to the Aspen Municipal Golf Course in the NW1/4 of the NE1/4 of the SW1/4 of Sec. 12, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County

1.56

Maroon Creek Club Golf Course Located generally in Secs. 2 and 11, Township 10 South, Range 85 West of 6th P.M. in Pitkin County

110

Highway 82 Corridor and open space; landscaping at Maroon Creek Bridge on Highway 82

Located generally in Secs. 2, 3, 1l, and 12, Township 10 South and Sec. 34, Township 9 South, all in Range 85 W. of 6th P.M. in Pitkin County

11.5

Burlingame Village Sec. 2, Township 10 South., Range 85 West of 6th P.M. in Pitkin County

12

Buttermilk Ski Area Secs. 2 and 3, Township 10 South., Range 85 West of 6th P.M. in Pitkin County

156

Sardy Field and AABC Open Space Generally located in Sec. 34, Township 9 South , Range 85 West of the 6th P.M. in Pitkin County

17.5

TOTAL ACREAGE 517.66 *Water from the Aspen Reuse Water Diversion may be used either as a primary or supplemental irrigation supply B. Non-irrigation uses. The Aspen Reuse Water Diversion will be used to fill and refill the Aspen Reuse Pond for snowmaking, aesthetic, piscatorial, wildlife propagation, fire protection and augmentation. 8. Place of use. Water from the Aspen Reuse Water Diversion will be used as a primary or supplementary irrigation supply for the properties identified on Table 1 above, and may also be used for snowmaking at Buttermilk Ski Area. 9. Name and address of the owner of land on which any structure is or will be located, upon which water is or will be used, or upon which water is or will be placed to beneficial use. The Aspen Consolidated Sanitation

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District is the owner of the wastewater treatment plant that is the site of the Aspen Reuse Water Diversion. Its address is 565 North Mill Street, Aspen, CO 81611. The Aspen Municipal Golf Course, Truscott housing project, Marolt/Thomas Open Space, Bugsy Barnard Park, Burlingame Village open space, and the land to be irrigated on the Highway 82 Corridor, Highway 82 open space, and the Highway 82 Maroon Creek bridge landscaping, and portions of the land on which the Maroon Creek Club golf course is located are owed by the City of Aspen. The remaining portion of the Maroon Creek Club Golf Course is owned by Maroon Creek Limited Liability Company, 10 Club Circle, Aspen, CO 81611. Sardy Field and the AABC open space are owned by Pitkin County, 530 E. Main Street, Aspen, CO 81611. Portions of Buttermilk Ski Area are owned by the Aspen Skiing Company, P.O. Box 1248, Aspen, CO 81612. Other portions are owned by the United States Forest Service, White River National Forest, P.O. Box 948, Glenwood Springs, CO 81602. 10. General remarks. The Aspen Reuse Water Diversion will be a component part of Aspen’s integrated raw water supply system. Out of priority diversions will be curtailed or augmented pursuant to an augmentation plan to be filed by Aspen. SECOND CLAIM: APPLICATION FOR WATER STORAGE RIGHT (Aspen Reuse Pond) 11. Name of Reservoir. Aspen Reuse Pond. 12. Water Right Description. A. Legal description. The Aspen Reuse Pond is an off-channel excavated pond located on the Aspen Municipal Golf Course. The pond is located within the NW1/4 of the SW1/4 of Section 12, Township 10 South, Range 85 West of the 6th P.M. The center of the pond is approximately 865 feet east of the west section line and 2,610 feet north of the south section line. B. If off-channel reservoir, name and capacity of ditch or ditches used to fill the reservoir, and legal description of each point of diversion. Water will be diverted at the Aspen Reuse Water Diversion described in paragraphs 1-10 above and carried by pipeline to the Aspen Reuse Pond for storage pursuant to the decree herein sought. The pipeline capacity is approximately 3 cfs. In addition, water will be diverted from Castle Creek at the headgates of the Holden and Marolt Ditches, and carried by said ditches to the Aspen Reuse Pond for storage pursuant to the decree herein sought. The headgate of the Holden Ditch is located at a point on the westerly bank of Castle Creek whence the northwest corner of Section 13, Township 10 South, Range 85 West of the 6th P.M. bears North 39 52' West a distance of 1923.4 feet. The headgate of the Marolt Ditch is located on the west bank of Castle Creek at point whence the West quarter corner of Section 12, Township 10 South, Range 85 West of the 6th P.M. bears North 26 36' West 3542 feet. See Exhibit A. The ditches are interconnected. The capacity of the Holden Ditch and the Marolt Ditch is sufficient to delivery water to the Aspen Reuse Pond at the rate of 3.0 cfs. 13. Source. Castle Creek is the source of water diverted at the Holden and Marolt Ditch headgates. Water diverted from the Aspen Reuse Water Diversion is treated wastewater from the ACSD wastewater treatment plant which may originate from Castle Creek, Maroon Creek, Hunter Creek or the Roaring Fork River, or any combination of said creeks and river. 14. Information regarding appropriation. A. Date of appropriation: April 11, 2005. B. How appropriation was initiated: City Council endorsement of a feasibility study for reuse irrigation water system and direction to City staff to proceed with the reuse water system and development of necessary water rights to implement the system. C. Date water applied to beneficial use: N/A. 15. Amount claimed. A. Amount. 10.75 acre-feet, conditional, with the right to fill and refill when in ftlinepriority. B. If off-channel reservoir, rate of diversion in cfs for filling reservoir: 3 cfs from the Aspen Reuse Water Diversion, and 3 cfs from the Holden and Marolt Ditches. 16. Proposed uses. The proposed uses are irrigation, snowmaking, recreation, aesthetic, piscatorial, wildlife propagation, fire protection and augmentation, and to fill and refill the Aspen Reuse Pond for said purposes. A. Total number of acres proposed to be irrigated. Water stored in the Aspen Reuse Pond will be used directly, or stored for later release, as a primary or supplemental supply of water for irrigation of the lands identified in Table 1 above (also shown on Exhibit B.) The total number of acres that may be irrigated on said lands is 517.66. B. Non-irrigation uses. The Aspen Reuse Pond will be also used for snowmaking, recreation, aesthetic, piscatorial, wildlife propagation, fire protection and augmentation. 17. Surface area. The surface area of the high water line is approximately 1.74 acres. 18. Total capacity. The total capacity of the Aspen Reuse Pond is 10.75 acre-feet. 19. Place of use. Water from the Aspen Reuse Pond will be used as a primary or supplementary irrigation supply for the properties identified on Table 1 above. Water stored in the Aspen Reuse Pond may also be used for snowmaking at Buttermilk Ski Area, and for recreation, aesthetic, piscatorial, wildlife propagation and fire protection on the properties identified on Table 1 above. 20. Name and address of the owner of land on which any structure is or will be located, upon which water is or will be used, or upon which water is or will be placed to beneficial use. See paragraph 9 above. 21. Remarks. The Aspen Reuse Pond will be filled and refilled when in priority, and will be part of Aspen’s integrated water supply system. Evaporation from the Aspen Reuse Pond will be augmented as provided in an augmentation plan to be filed by Aspen. THIRD CLAIM: APPLICATION FOR WATER STORAGE RIGHTS (Marolt/Thomas Open Space Ponds and Bugsy Barnard Park Ponds) 22. Names of Reservoirs. Marolt/Thomas Open Space Ponds 1, 2, 3 and 4 and Bugsy Barnard Park Ponds 1 and 2. 23. Water Right Descriptions. A. Legal description. These ponds are all excavated off-channel ponds. The Marolt/Thomas Open Space Ponds are located on the Marolt/Thomas Open Space. The legal descriptions of the ponds are set forth in Table 2 below. B. If off-channel reservoir, name and capacity of ditch or ditches used to fill the reservoir, and legal description of each point of diversion. All of the ponds are filled via the Holden and Marolt Ditches. The headgates of the ditches are located as described in paragraph 12.B above. The ditches have sufficient capacity to fill the ponds at the rate of 3 cfs. 24. Source. Castle Creek, tributary to the Roaring Fork River. 25. Information regarding location and appropriation. Table 2

Name Amt. Claimed (acre-feet) to be filled and refilled in priority

Surface area (acres)

Legal Description

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Marolt/Thomas Open Space Pond 1

2.85 a.f. absolute .57 acre Within the NW1/4 of the SW1/4 of Sec. 12, Township 10 South, Range 85 West of the 6th P.M. The center of the pond is approximately 275' east of the west section line and 1,860' north of the south section line.

Marolt/Thomas Open Space Pond 2

.65 a.f. absolute .13 acre The pond is located within the SW1/4 of the SW1/4 of Sec. 12, Township 10 South, Range 85 West of the 6th P.M. The center of the pond is approximately 1,155' east of the west section line and 325' north of the south section line.

Marolt/Thomas Open Space Pond 3

.45 a.f. absolute .09 acre The pond is located within the SW1/4 of the SW1/4 of Sec. 12, Township 10 South, Range 85 West of the 6th P.M. The center of the pond is approximately 1,070' east of the west section line and 1,310' north of the south section line.

Marolt/Thomas Open Space Pond 4

1.75 a.f. absolute .35 acre The pond is located within the SW1/4 of the SW1/4 of Sec. 12, Township 10 South, Range 85 West of the 6th P.M. The center of the pond is approximately 1,140' east of the west section line and 1,015' north of the south section line.

Bugsy Barnard Park Pond 1

.2 a.f. absolute .04 acre The pond is located within the NE1/4 of the SW1/4 of Sec. 12, Township 10 South, Range 85 West of the 6th P.M. The center of the pond is approximately 1,475' east of the west section line and 2,510' north of the south section line.

Bugsy Barnard Park Pond 2

.1 a.f. absolute .02 acre The pond is located within the NE1/4 of the SW1/4 of Sec. 12, Township 10 South, Range 85 West of the 6th P.M. The center of the pond is approximately 1,490' east of the west section line and 2,459' north of the south section line.

TOTAL 6.0 a.f. 1.2 acres B. How appropriation was initiated: construction of ponds and use of water for irrigation, recreation, aesthetic, piscatorial and wildlife propagation purposes, and fire protection. C. Date of Appropriation and date water applied to beneficial use: The ponds have been constructed and the water has been placed to beneficial use. For purposes of this application, the date of appropriation is December 30, 2005, the date on which this application is filed. 26. Uses. Irrigation, recreation, aesthetic, piscatorial, wildlife propagation, and fire protection. A. Total number of acres proposed to be irrigated. 55.66 acres, including 54.1acres at the Marolt/Thomas Open Space, and 1.56 acres at the Bugsy Barnard Park. Legal description of irrigated acreage: The Marolt/Thomas Open Space is located in Sections 2, 11, 12 and 13, Township 10 South, Range 85 West of the 6th P.M., in Pitkin County, as shown on Exhibit B. The Bugsy Barnard Park is located adjacent to the Aspen Municipal Golf Course in the NW1/4 of the NE1/4 of the SW1/4 of Sec. 12, Township 10 South, Range 85 West of the 6th P.M. in Pitkin County. B. Non-irrigation uses. The ponds are also used for recreation, aesthetic and piscatorial uses and wildlife propagation, and fire protection. 27. Place of use. Water stored in the Marolt/Thomas Open Space Ponds 1 - 4 is used, together with the Holden and Marolt Ditches, and, when decreed, the Aspen Reuse Water Diversion and the Aspen Reuse Pond, for irrigation of the Marolt/Thomas Open Space, which includes approximately 54.1 irrigated acres. Water stored in the Bugsy Barnard Park Ponds 1 and 2 is used, together with the Holden and Marolt Ditches, and, when decreed, the Aspen Reuse Water Diversion and the Aspen Reuse Pond, for irrigation of Bugsy Barnard Park, which includes approximately 1.56 irrigated acres. Non-irrigation uses of the water rights decreed herein for the ponds will also take place on the Marolt/Thomas Open Space and the Bugsy Barnard Park. 28. Name and address of the owner of land on which any structure is or will be located, upon which water is or will be used, or upon which water is or will be placed to beneficial use. Aspen. 29. Remarks. The Marolt/Thomas Open Space Ponds 1, 2, 3 and 4, and the Bugsy Barnard Park Ponds 1 and 2 will be filled and refilled when in priority. Evaporation from the ponds will be augmented as provided in an augmentation plan to be filed by Aspen. (11 pages, 2 pages of exhibits.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

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64. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW301 GARFIELD, SUMMIT, PITKIN AND EAGLE COUNTIES, GROUNDWATER TRIBUTARY TO AN UNNAMED TRIBUTARY OF THE ROARING FORK RIVER; Application for Underground Water Rights and Approval of Plan for Aug. of Hunt Ranch, Ltd. c/o Scott Balcomb and Sara Dunn, Balcomb & Green, PO Drawer 790, Glenwood Springs, CO 81601 (970) 945-6546. Structure: Hunt Ranch Well No. 3, legal description: well located in the NE1/4, SE1/4, Sec. 20, T7 S., R87 W. 6PM at a point 1,471 ft from the S. Sec. line and 1,094 ft from the E. Sec. line of said Sec. 20; Depth: 205 ft; Approp: 10/13/2005 by formation of intent to appropriate water for application to beneficial use and field investigation; issuance of Well Permit No. 266019; Amt. 100 g.p.m., cond. Hunt Ranch Well No. 4. Legal Description: well located in the SE1/4 NE1/4 Sec. 20, T7 S., R87 W. 6PM at a point 2,735 ft from the S. Sec. line, 35 ft from the E. Sec. line of Sec. 20; Depth: 235 ft; Approp. 10/13/2005 by formation of intent to appropriate water for application to beneficial use and field investigation; issuance of Well Permit No. 266020; Amt. 100 g.p.m., cond. Hunt Ranch Well No. 5. Legal Description: a well located in the NE1/4, NW1/4 Sec. 21, T7 S., R87 W. 6PM, 1,135 ft from the N. Sec. line, 1,754 ft from the W. Sec. line of said Sec. 21; approx. 250 ft; approp. 10/13/2005 by formation of intent to approp. water for application to beneficial use and field investigation; Amt. 100 g.p.m., cond. Hunt Ranch Well No. 6. Legal Description: well located in the NW1/4, NW1/4, Sec. 21, T7 S., R87 W. of the 6PM at a point 920 ft from the N. Sec. line and 1,190 ft from the W. Sec. line of said Sec. 21; Depth: approx. 250 ft approp. 10/113/2005 by formation of intent to appropriate water for application to beneficial use and field investigation. Amt. 100 g.p.m., cond. All wells will be used for Irr. of 1.1 acres, in conjunction with Hunt Ranch Well Nos. 3, 4, and 5 and Dom., Com. limited to common use facilities located within the property identified the map attached to the Application as Ex. A on file with the Ct. and fire protection. 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 pool: Hunt Properties Ltd., 14913 St. Hwy. 82, Carbondale, CO 81623. PLAN FOR AUGMENTATION INCLUDING EXCHANGE. Applicants will obtain an allotment contract from the BWCD to provide replacement water for out-of-priority depletions associated with the uses from the Hunt Ranch Well Nos. 3-6, inclusive. No other rights are diverted from these structures: Previous decrees for water rights to be used for aug: Green Mountain Reservoir: Source: Blue River, tributary of Colorado River; legal description: located approx. 16 miles S.E. of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sec.s 11, 12, 13, 14, 15, and 24 of T2 S., R80 W., and in Sec.s 17, 18, 19, 20, 21, 28, 29, and 34, T2 S., R79 W. of the 6PM; Adjudicated: 10/12/1955 approp. 8/1/1935 in Case No. 2782, 5016, and 5017, U.S. Dist. Ct., Dist. of CO.; Decreed Amt. 154,645 AF for use in accordance with paragraph 5(a), (b), and (c) of the Sec. entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Previous decree for Ruedi Reservoir; Source: Frying Pan River, tributary of Colorado River; Legal description: an on-channel reservoir located in Sec.s 7, 8, 9, 11, and 14 through 18, T8 S., R84 W. of the 6PM. The reservoir is located in portions of Eagle and Pitkin Counties; Adjudicated: 6/20/1958; Approp. 7/29/1957; Case No: C.A. 4613, Garfield Cty. Dist. Ct.; Decreed Amt: 102,369 AF (Originally decreed for 140,697.3 AF; reduced to 102,369 AF in Case No. W-789-76) for generation of electric energy, Dom., Muni., Ind., Irr. and stock watering. In Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amt. of 101,280 AF, cond. In Water Ct. Case No. 95CW95, 44,509 AF was made absolute. Previous decrees for Troy Ditch and Edith Ditch rights:

AMOUNT SOLD, TRANSFERRED OR RESERVED

AMOUNT REMAINING (10)

STR

UC

TUR

E

PRIO

RIT

Y

CO

UR

T C

ASE

NO

.

AD

J. D

ATE

APP

. D

ATE

DEC

REE

D

AM

OU

NT

(CFS

)U

SE (4

)

(5) (6) (7) (8) (9) CFS AF Troy Ditch (1)

370 3082

08/25/1936

05/01/1906

5.10 I 0.000 0.000 0.095

0.064 0.035 4.906 N/A

Troy Ditch 1st Enlg

427 3082

08/25/1936

05/01/1928

10.80 I 0.000 0.000 0.200

0.134 0.073 10.393

N/A

Troy Ditch 2nd Enlg

669 4613

06/20/1958

06/01/1942

6.20 I 0.000 0.000 0.115

0.077 0.042 5.966 N/A

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 89

AMOUNT SOLD, TRANSFERRED OR RESERVED

AMOUNT REMAINING (10)

STR

UC

TUR

E

PRIO

RIT

Y

CO

UR

T C

ASE

NO

.

AD

J. D

ATE

APP

. D

ATE

DEC

REE

D

AM

OU

NT

(CFS

)U

SE (4

)

(5) (6) (7) (8) (9) CFS AF Edith Ditch

353 3082

08/25/1936

05/01/1904

2.72 I 0.110 0.1320

0.050

0.000 0.018 2.410 N/A

Edith Ditch 1st Enlg

673 4613

06/20/1958

07/01/1946

3.23 I 0.000 0.000 0.060

0.000 0.022 3.148 N/A

Troy Ditch Water System aka Lower Headgate

(2) W-2281

15.50(3)

I,D,M C,P

0.110 0.1320

0.520

0.275 0.190 14.273

412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River; (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Dom., M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi S. Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Div. 5, the Ct. decreed that 453 AF of annual consumptive-use credits were available to these ditches, and that 300 AF could be stored in an unnamed reservoir. The BWCD owns 412.89 AF of the 453 AF, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith aug. water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. Previous decrees for Robinson Ditch rights:

AMT cfs

BWCD’s (cfs)(1) ADJ. DATE APP. DATE PN CASE NO.

(2) 5.00 1.21 05/11/1889 06/15/1882 38 132 2.50 0.60 05/11/1889 04/15/1886 140 132 2.00 0.48 05/11/1889 11/15/1886 167 132 10.70 2.59 12/29/1903 04/25/1899 212C 1061 20.06 4.85 08/25/1936 04/25/1900 326 3082

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) Dist. Ct. in and for Garfield County Legal Description of Point of Diversion: The point of diversion as decreed is located on the N. bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Sec. 11, T. 8 S., R. 87 W., 6PM Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Ct. decreed that 360 AF of annual consumptive-use credits are associated with said irrigation. In that case, the Ct. also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Previous decrees for Favre Dom. Pipeline (Favre DPL):

STRUCTURE AMT.1 ADJ. DATE APP. DATE PN CASENO.2

FAVRE DPL. SP. NO. 1 0.50 06/20/1958 08/11/1937 649 4613 FAVRE DPL. SP. NO. 2 0.50 06/20/1958 04/15/1912 666 4613

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(1) Amount: Each spring is decreed for 0.50 cfs, but the use of both has a combined limit of 0.50 cfs. (2) Dist. Ct. in and for Garfield County; Legal Descriptions: (a) Favre Dom. Pipeline-Spring No. 1: Located at a point whence the E1/4 corner, Sec. 34, T7 S., R87 W., 6PM bears S. 34 deg. 26' E., 890.9 ft. (b) Favre Dom. Pipeline-Spring No. 2: Located at a point whence the E¼ corner, Sec. 34, T7 S., R87 W., 6PM bears S. 37deg. 24' E. 721.4 ft; (c) Source: Blue Creek tributary to Roaring Fork River; (iv) Decreed Use: Dom. and augmentation; (v) Historic Use: BWCD owns the Favre Dom. Pipeline right. The Springs historically provided a majority of the Dom. water supply for El Jebel, a community of 364 EQRs, consisting of 291 single family residential units (mostly mobile homes), irrigation of 12.5 acres of lawn and landscape, and Com. development. In Case No. 93CW319, the Ct. decreed that 142.82 AF of historic consumptive-use credits were available to Blue Creek as a result of such historic use; and that 67.2 AF of historic consumptive-use credits were available to the Roaring Fork River as a result of such historic use. In 93CW319, the Ct. also decreed a change of use of said credits to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Names and Addresses of Owners or reputed owners of land upon which augmentation structures are located: (i) Ruedi Reservoir and Green Mountain Reservoir: U.S. Department of Interior, Bureau of Reclamation, E.ern Colorado Area Office, 11056 W. County Road 18E, Loveland, CO 80537-9700; (ii) Troy and Edith Ditch: the ditch structure was inundated by the construction of Ruedi Reservoir. The Dist. is the sole owner of the 412.89 AF of consumptive-use credits associated with the ditch, as quantified in Case No. W-2281; (iii) Robinson Ditch: Robinson Ditch Company, c/o Wayne Ives, Secretary, P.O. Box 309, Carbondale, CO 81623 and c/o Kevin Tucker, 19001 Hwy. 82 Unit D, Carbondale, CO 81623. The Robinson Ditch Company owns the easement for the ditch. The easement will not be expanded as a result of this case; (iv) Favre Dom. Pipeline: The original point of diversion is located upon lands owned by Crawford Properties, LLC whose address is 60 El Jebel Rd., #105, El Jebel, CO 81623; Plan for augmentation: Applicant contemplates a residential development of up to 188 EQRs. The physical water supply to serve the potable demands, including 500 square ft of irrigation per lot, will be provided by diversions from the Hunt Ranch Well Nos. 3, 4, 5 and 6. These diversions are limited to a combined maximum rate of 100 g.p.m. at any given time. Monthly demands and depletions associated with the residential development are summarized in the Water Use Input Summary attached to the Application on file with the Ct. as Ex. B; The exact configuration of the subject residential development is uncertain at this time and may ultimately provide for less than 188 EQRs. Further, the mix of uses described herein may change; however, the total depletions associated with the residential development shall not exceed 13.21 AF per year. (13 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 65. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 03CW229 Garfield, Summit and Pitkin Counties; Cattle Creek tributary to the Roaring Fork River. Greg and Francine Baker and Bruce Hartwig c/o Olszewski & Massih, P.C., P.O. Box 916, Glenwood Springs, CO 81602. First Amendment to Application for Plan for Augmentation. The original augmentation plan assumed that King Well No. 1 was tributary only to the Roaring Fork River. Subsequently, it was determined that King Well No. 1 withdraws ground water tributary to Cattle Creek, tributary to the Roaring Fork River. This Amendment addresses the effect of the potential out-of-priority depletions to Cattle Creek and replaces those depletions. Monthly water diversions total 1.39 acre feet, and depletions total 0.61 acre feet and are summarized in Table 1. A Blaney Criddle analysis is presented in Table 2. The delayed effects from well pumping are as follows: The King No. 1 Well is located in sandstone material and is approximately 9,000 feet from Cattle Creek. The return flows from the ISDS and lawn irrigation are at the same general location as the well. The monthly net depletions are the sum of the domestic depletions, irrigation depletions and livestock depletions. The monthly depletion to the stream is 0.0001 acre feet (33 gallons per month) after 15 years, 0.001 acre feet (325 gallons per month) after 30 years, 0.010 acre feet (3250 gallons per month) after 100 years, and 0.234 acre feet (7625 gallons per month after 300 years. The average monthly depletion at the well is 0.05 acre feet (16,565 gallons). It is estimated that it will take 600 to 700 years for the depletions to Cattle Creek to be in equilibrium with the well depletions. Augmentation Plan: The King No. 1 Well withdraws ground water tributary to Cattle Creek tributary to the Roaring Fork River, tributary to the Colorado River. The depletions to Cattle Creek are subject to a water rights call from mid April to mid October. A Colorado River call could occur from April through October. Potential out-of-priority depletions to Cattle Creek are minimal over the next 100 years. However, such depletions will be replaced in time and amount by hauling and releasing water into Cattle Creek at the County Road 112 bridge (Cattle Creek call) or by exchange using the existing BWCD contract No. 431 for 0.7 acre feet (Colorado River Call). A schedule of the monthly augmentation requirements is set forth in the attached Table 3. The existing BWCD contract is adequate for any year. No injury will result to the other vested water rights from the implementation of the augmentation plan as described above. The remainder of original Application remains the same. (Application - 2 pages. 2 Tables. 1 Map) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 91

should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 66. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 03CW292 First Amendment to Application for Approval of Plan for Augmentation and Exchange, Concerning the Application for Water Rights of the Eagle Park Reservoir Company in Eagle, Grand, Pitkin, Routt, and Summit Counties, District Court, Water Division No. 5, State of Colorado, 109 - 8th Street, Suite 104, Glenwood Springs, Colorado 81601. The Application for Approval of Plan for Augmentation and Exchange, filed with the Water Court on December 26, 2003, is hereby amended by the addition of the following: 1. Paragraph 3 is amended by the addition of the following section (J): (J) Water that may be available from Wolcott Reservoir as decreed by the Water Court in CA1529 on July 9, 1979, upon agreement with the owner of such facility. Legal description of place of storage: N.E. Cor. Sec. 14, T.4S, R.83W bears N.63°17'E a distance of 4,092'. Uses: municipal, industrial, domestic, stock watering, irrigation, recreation, power, and other beneficial uses and purposes. Source: Ute Creek and the Eagle River. Appropriation date: April 4, 1966. Amount: 65,975 af. A finding of diligence was entered most recently for this water right in Case No. 03CW41 on May 10, 2005. Alternately, Applicant may substitute water from such other locations and water storage facilities located within the Alkali Creek and Eagle River basins as may become available upon agreement with the owner of such facilities. 2. Paragraph 4 is amended by the addition of the following (9) to section (A): Up to 6,752.3 acre-feet of water from Wolcott Reservoir or its alternative as described in Paragraph 3(J) above. 3. Paragraph 4 is amended by adding the following sentence to section (B): The downstream terminus of the exchange involving Wolcott Reservoir water is the confluence of Alkali Creek and the Eagle River. 4. Paragraph 4 also is amended by the addition of the following sentence to section (C): Applicant seeks a priority date of November 16, 2005 for the amended portion of the Application relating to use of augmentation water from Wolcott Reservoir or other comparable source. In all other respects the Application for Approval of Plan for Augmentation and Exchange remains the same as published in the December 2003 Resume. (2 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 67. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 03CW334 GRAND COUNTY, COLORADO RIVER. Amended Application for Conditional Water Rights and Approval of Plan for Augmentation, Including Exchange. Applicant: Shorefox, LLC c/o Jefferson V. Houpt, Esq., CALOIA, HOUPT HAMILTON, P.C., 1204 Grand Avenue, Glenwood Springs, 81601, 970-945-6067, jhoupt@chhpc.com. The application is amended to include the following claims for groundwater rights: Name of structures: Town of Granby Colorado River Wellfield. Location: The wellfield is generally described as a strip of land being 100 ft N of the centerline of the Colorado River and 500 ft S of the centerline of the Colorado River in the W½ of Sec. 30, T.2N., R.76W. 6th PM., and the E½ of Sec. 25, T.2N., R.77W. 6th PM. Source: Colorado River Alluvium. Approp date: 08/11/2003. Amount (total): 2.0 cfs, conditional. Uses: domestic, commercial, municipal, irrigation, fire protection, and all other beneficial uses associated with Applicant’s proposed residential and commercial development. Owner of land upon which wells are located: Applicant. The application is also amended to include a request for approval of a plan for augmentation, referred to herein as the “Shorefox Municipal Augmentation Plan,” described as follows: Structures to be augmented: Town of Granby Colorado River Wellfield, as described above. Water rights to be used for augmentation: historical consumptive use attributable to Applicant’s interest in water rights previously decreed to the Peterson Ditch No. 1, Scybert Ditch, Griffith Ditch, and Selack Larrabee Ditch (all of which are the subject of a separate application filed in Case No. 05CW288) and water released from Wolford Mountain Reservoir pursuant to a water service contract between Applicant and the Colorado River Water Conservation District (CRWCD), which owns and operates Wolford Mountain Reservoir pursuant to the following decreed water rights: (1) Case No. 87CW283; Decreed: 11/20/1989; Location; the dam is located in the SW1/4 of the NE1/4 Sec. 25, T.2N., R.81W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point that bears W. 54˚54'20" E. a distance of 3,716.46 ft from the NW Corner of Sec. 25; Source: Muddy Creek and its tributaries; Amount: 59,993 a.f. cond; of this amount, 32,986 a.f. were made absolute for piscatorial and recreational uses by decree entered in 95CW251; Approp. date: 12/14/1987; Decreed Uses: all beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District, use to meet the water requirements of the inhabitants of the CRWCD for all uses, including uses in the Middle Park area, and use to meet the terms of a lease agreement

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executed March 3, 1987 between the CRWCD and the City and County of Denver. (2) Case No. 95CW281: Decreed: 8/26/1997; Location: the dam is located in the SW1/4 of the NE1/4 of Sec. 25, T.2N., R.81W., 6th PM (the as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the CRWCD, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53˚24'56" E. a distance of 3,395.51 ft from the NW Corner of Sec. 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75˚ 28' 29" E.); Source: Muddy Creek and its tributaries; Amount: 6,000 a.f. cond.; Approp. date: 01/16/1995; Decreed Uses: all beneficial uses by and for the benefit of the inhabitants of the CRWCD, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational, such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange--none of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado. (3) Case No. 98CW237: Decreed: 07/6/2000; Location: same as for 95CW281, above; Source: Muddy Creek and its tributaries; Amount: 30,000 a.f. cond., with 15,895 a.f. being absolute for recreational and piscatorial and flood control; Approp. date: 11/17/1998; Uses: certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283 and 95CW281 (87CW283: the reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District.This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the CRWCD for all uses, including uses in the Middle Park area. 95CW281: all beneficial uses by and for the benefit of the inhabitants of the CRWCD, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution, augmentation, or exchange). Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 a.f.) which is allocated for Colorado River endangered fish releases. The CRWCD is also entitled to deliveries of water from Ruedi Reservoir pursuant to a contract with the U.S. Bureau of Reclamation, which structure is further described as follows: Location: Secs. 7, 8, 9, 11 and 14 through 18, T.8S., R.84W., 6th PM., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Sec. 7, T.8S., R.84W., 6th PM, bears N. 82°10'W. a distance of 1,285 ft.; Source: Fryingpan River; Previous decrees: Garfield County Dist. Ct. C.A. 4613: Decreed: 06/20/1958; Amount: 140,697.3 a.f., reduced to 102,369 a.f. pursuant to order of the court in Case No. W-789-76; Approp. date: 07/29/1957; Uses: domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. Case No. 81CW34, Water Div. 5: Amt: 101,280 a.f. (refill); Approp. date: 01/22/1981; Uses: irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. Applicant also proposes to use onsite storage in the North Shorefox Pond and the South Shorefox Pond, which ponds are described in the application in Case No. 03CW366 for augmentation. Description of plan for augmentation: Applicant is the developer of the proposed Shorefox development, which will include among other components approximately 1200 equivalent residential units (“EQR”) of residential and commercial development on lands located in portions of Sections 19, 20, 29, 30 and 31, T.2N., R.76W. 6th PM and Secs. 24, 25, and 36, T.2N., R.77W., 6th PM. (more particularly described on Exhibit A to the Amended Application). Each EQR is assumed to require 350 gallons per day of in-house use and enough water to irrigate 1,000 square ft of lawn and landscaping irrigation. The anticipated treated water demands of this development are summarized in Table 1 attached to the Amended Application. At full build-out, annual diversions are expected to total 507 a.f. Wastewater treatment will be provided by central wastewater treatment system, expected to operate with an efficiency of 95%. Total annual depletions are therefore expected to be 53.0 a.f.. Out-of-priority depletions will be replaced to the Colorado River during the irrigation season with water attributable to the permanent removal from irrigation of water rights identified above; during the non-irrigation season with water released from either Wolford Mountain or Ruedi Reservoir pursuant to a water service contract with the CRWCD and exchanged to the point of depletion under the exchange of water rights described below; in addition, the depletions can be augmented using releases from North Shorefox Pond and the South Shorefox Pond which ponds are the subject of the pending application in Case No. 03CW336. The Application in this matter is also amended to include the following claim for an appropriative right of exchange which will operate in conjunction with the above-described augmentation plan: Name: Shorefox Municipal Exchange; Downstream Terminus: confluence of Muddy Creek and the Colorado River; Upstream terminus: point of diversion of the Town of Granby Colorado River Wellfield, described above. Approp date: 08/11/2003. Maximum rate and total volume of exchange: 1.25 cfs, conditional, not to exceed 15.0 a.f. annually (these amounts include an estimated 10.0% transit loss). (18 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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

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5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 68. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 04CW116 PITKIN COUNTY, Independence Holdings, LLC, c/o Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main St., Ste. 104, Aspen, CO 81611, 970-925-3476; Amended Application For Finding of Diligence JMAR Pond System and JMAR Aug Pond. All provisions of the original Application for Finding of Diligence not amended herein shall remain as originally set forth therein. The legal descriptions for the JMAR Pond System and the JMAR Aug Pond in Paragraph 3.B. of the Application are amended as follows: The legal description of the center of the dam of the JMAR Pond System is located in the NW1/4SW1/4 of Section 28, T. 10 S., R. 84 W. of the 6th P.M. at a point approximately 1660 feet from the South section line and 730 feet from the West section line of said Section 28. The legal description of the outlet of the JMAR Aug Pond is located in the NW1/4SW1/4 of Section 28, T. 10 S., R. 84 W. of the 6th P.M. at a point approximately 1830 feet from the South section line and 730 feet from the West section line of said Section 28. (2 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 69. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 04CW162 GRAND COUNTY-STILLWATER CREEK, TRIBUTARY TO THE COLORADO RIVER. Bunte Lmtd. Partnership c/o Patrick Bunte; 11807 Blacktail Mtn.; Littleton, CO 80127 (303)948-9635. Bunte Well Permit #213841-Third Amended Application for Underground Water Right. Location: SW¼sSW¼ of Sec. 22, T.3N, R.76W. of the 6th P.M. 1,555 ft. from north sec. line and 57 ft. from the west sec. line. Appropriation: Aug. 7, 1998. Amount: 10 gpm (0.23 af. per year), absolute. Use: fire protection, ordinary household purposes, irrigation of not more than 1 acre, home and garden and to water domestic animals. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

70. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW59 GARFIELD COUNTY Divide Creek tributary to the Colorado River, Gary Itao, c/o M. Catherine Condon and Anetra D. Parks, Greene, Meyer & McElroy, P.C., 1007 Pearl St., Suite 220, Boulder, CO 80302 (303) 442-2021. On April 18, 2005, Applicant filed an Application for Water Rights (Surface) and for Water Storage Rights. On August 1, 2005, the Division Engineer issued the Report of the Division Engineer Summary of Consultation, in which he identified issues that Applicant would need to correct. The Division Engineer required the Application to be amended and republished. Accordingly, Applicant filed an amended application and this constitutes his republication of his resume notice for same. AMENDED APPLICATION FOR WATER RIGHTS (SURFACE) AND FOR WATER STORAGE RIGHTS. First Claim: Surface Water Right. Name of structure: Flying Hawaiian Ditch. Legal description of each point of diversion: The SW¼SE¼, Section 24, Township 6 South, Range 92 West of the Sixth Principal Meridian. Distance from section line to point of diversion is 4,575 feet from the North section line and 2,700 feet from the West section line. Source (tributary and river): Unnamed tributary of Divide Creek. Date of initiation of appropriation: 1990. Appropriation was initiated by use. Date water applied to beneficial use: 1990. Amount claimed: .01 c.f.s., absolute. Use or proposed use: To water trees, ornamental landscaping, and live stock. Describe purpose fully: Applicant seeks to water approximately 300 trees (plum, apple, pear, peach, apricot, blue spruce, juniper, oak, cottonwood and narrow leaf cottonwood) which are planted along Flying Hawaiian Ditch. When there is water in the ditch, Applicant intends to use the water for watering trees, ornamental landscaping and to water livestock. In addition, when in priority, Flying Hawaiian Pond will store water diverted from Flying Hawaiian Ditch. Name and address of owner of land on which point of diversion and place of use are located: Land is owned by the Applicant, Gary M. Itao, 3129 Stevens Circle South, Erie, Colorado 80516. No additional remarks. Second Claim: Water Storage Right. Name of Reservoir:

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Flying Hawaiian Pond. Legal description of point of diversion: Pond will be located 4,525 feet from the North section line and 2,760 feet from the West section line. Dam will be five (5) feet wide, three (3) feet deep, and two (2) feet thick. Pond surface will cover one-eighth (1/8) acre approximately six (6) feet deep. Applicant will not construct a well. Dam will be near a surface structure as defined in C.R.S. § 37-90-137(13). Applicant will divert water from Flying Hawaiian Ditch into Flying Hawaiian Pond by flow of gravity; pond being located within fifty (50) feet of ditch. Source: Unnamed tributary of Divide Creek. Date of initiation of appropriation: August 2003. How appropriation was initiated: Formation of intent to appropriate together with filing of this application. Amount claimed: 2 acre-feet, conditional. Use: Water stored in Flying Hawaiian Pond will be used to water trees, ornamental landscaping, and livestock and will be diverted into Flying Hawaiian Ditch when Divide Creek is placed on call by the Ward Reynolds or Mineota Ditches thus preventing water from flowing in Flying Hawaiian Ditch. Total capacity of pond: 2 acre-feet. Name and address of owner of land on which points of diversion and place of use are located: Land is owned by Applicant, Gary M. Itao, 3129 Stevens Circle South, Erie, Colorado 80516. No additional remarks. (4 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

71. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW169 MESA COUNTY-WASTEWATER TRIBUTARY TO LEACH CREEK, TRIBUTARY TO COLORADO RIVER. Bill Caster; 2580 I Road; Grand Junction, CO 81505 (970)263-0818. Caster Pond-Amended Application for Water Storage Right. Location: SE¼SE¼ if Sec. 22, T.1N, R.1W. of the Ute P.M. 177 ft. from the south sec. line and 1,035 ft. from east sec. line. Appropriation: March 1990. Amount: 0.16 af, absolute. Use: wildlife consistent with the construction of a pond and piscatorial. The applicant seeks the right to fill and refill in priority to offset evaporation and pumping for irrigation. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 72. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW173 GARFIELD COUNTY-PICEANCE CREEK, TRIBUTARY TO THE WHITE RIVER. Una M. Raley; 165 RBC Rd. 5; Rifle, CO 81650 (970)878-5215. Unajack Spring-Amended Application for Water Rights(Surface). Location: SE¼NW¼ of Sec. 3, T.4S, R.94W. of the 6th P.M. 2,175 ft. from the north sec. line and 2,130 ft. from the west sec. line. Appropriation: Jun. 11, 1970. Amount: 0.022 cfs, absolute. Use: domestic. Name and owner 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, including any modification to the existing storage pool: U.S.A. Dept. of Interior-BLM, 50629 U.S. Highway 6 & 24, Glenwood Springs, CO 81601. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 73. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW189 PITKIN COUNTY. ROARING FORK RIVER. Roll International Corporation, Inc., Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Madoline E.S. Wallace, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. FIRST AMENDED APPLICATION FOR A WATER STORAGE RIGHT, UNDERGROUND WATER RIGHTS, AN APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE, AND A CHANGE OF WATER RIGHT. Paragraph 3.B. in the original application

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is amended to include an additional water source for filling the RIC Pond. The RIC Pump and Pipeline No. 2, which is described in the fifth claim provided below in this amended application will be an additional source for the RIC Pond. Paragraph 3.B.ii. is amended to include the legal description of the RIC Pump and Pipeline No. 2, which is located at the NW¼ SW¼ of Section 17, Township 10 South, Range 84 West, of the 6th P.M. at a point on the westerly bank of the Roaring Fork River approximately 1,430 feet from the South section line and 565 feet from the West section line of said Section 17 in Pitkin County. The RIC Pump and Pipeline No. 2 will have a capacity of 1.33 c.f.s. Paragraph 3.B.iii. is added to the amended application, which corrects the legal description of Pine Lake’s pump station intake, to the following: SE¼ SE¼ of Section 18, Township 10 South, Range 84 West of the 6th P.M., at a point approximately 490 feet from the South section line and 190 feet from the East section line of said Section 18 in Pitkin County. Paragraph 6.B. of the original application is amended to allow for the RIC Pond to be alternately filled by the RIC Pump and Pipeline No. 2 at a rate of up to 1.33 c.f.s. Paragraph 7.B. is amended so that the legal description of acreage that may be irrigated will include portions of Parcels 2 and 3, Stillwater Ranch, Pitkin County legally described in Exhibit B and portions of Lots 2 and 3, Sparovick Subdivision, Pitkin County legally described in new Exhibit C. A revised map depicting the proposed irrigated acreage is attached hereto as a new Exhibit D. Paragraph 11.A. is amended to reflect that the RIC Pond will be used to augment out of priority irrigation depletions from the RIC Pump and Pipeline No. 2, in addition to depletions from Pine Lake and the RIC Pump and Pipeline pursuant to the Plan for Augmentation applied for in Case No. 05CW190, District Court, Water Division No. 5. Paragraph 18.B. is amended so that the legal description of irrigated acreage may also include (in addition to the originally noticed lands) portions of Lots 2 and 3, Sparovick Subdivision, Pitkin County legally described in new Exhibit C. A map depicting the proposed irrigated acreage is attached hereto as a new Exhibit D. Paragraph 22 of the original Application is amended to change the upstream terminus of the RIC Exchange to the RIC Pump and Pipeline No. 2 location. The downstream terminus remains at the confluence of the Roaring Fork and Colorado Rivers. The exchange rate claimed in paragraph 28 of the original application for the RIC Exchange is amended to 1.33 c.f.s, conditional. Paragraph 30 of the original application is amended so that Applicant may operate the RIC Exchange either by diverting water from the RIC Pump and Pipeline No. 2, described in the Fifth Claim herein, from the RIC Pump and Pipeline described in the originally claimed Third Claim (as amended), or by intercepting ground water from Pine Lake, originally described in the Second Claim (as amended). As originally claimed, the Basalt Water Conservancy District will make water available when a downstream call from water rights originating on the Roaring Fork or the Colorado Rivers at or below the confluence of the Frying Pan and Roaring Fork Rivers would otherwise prevent out-of-priority diversions from the RIC Pump and Pipeline No. 2, the RIC Pump and Pipeline or Pine Lake. Paragraph 34 is amended to reflect that the irrigated 8.8 acres of lands are now described in Exhibits B and C, with a map depicting the same in Exhibit D. The original Application amends paragraph 36.A. so that the RIC Pump and Pipeline No. 2, which is the subject of the Fifth Claim herein, is an alternate point of diversion for RIC Pump and Pipeline. When diverting from the RIC Pump and Pipeline, Applicant will limit diversions to 0.65 c.f.s, and if diverting from the RIC Pump and Pipeline No. 2, Applicant will limit its maximum instantaneous diversion rate of the water right to 1.33 c.f.s; the cumulative amount from both alternate points will not exceed 1.33 c.f.s. New Fifth Claim: Name of structure: RIC Pump and Pipeline No. 2. Description of conditional water right: NW¼ SW¼ of Section 17, Township 10 South, Range 84 West, of the 6th P.M., at a point on the westerly bank of the Roaring Fork River approximately 1,430 feet from the South section line and 565 feet from the West section line of said Section 17 in Pitkin County. Source: Roaring Fork River. Date of initial appropriation: November 2, 2005. The appropriation was initiated by field investigation of the RIC Pump and Pipeline No. 2 diversion site and formation of the requisite intent to appropriate the water for beneficial use. Date water applied to beneficial use: N/A. Amount claimed: 1.33 c.f.s (600 g.p.m.), conditional. Uses: Irrigation and to fill and refill the RIC Pond, described in the First Claim of the original Application, to store water for augmentation, aesthetics, piscatorial, recreation and irrigation purposes. If irrigation, complete the following: Total number of acres proposed to be irrigated: 8.8 acres total. Legal description of acreage to be irrigated: Portions of Parcels 2 and 3, Stillwater Ranch, Pitkin County legally described in Exhibit B and portions of Lots 2 and 3, Sparovick Subdivision, Pitkin County legally described in Exhibit C. A map depicting the proposed irrigated acreage is attached hereto as Exhibit D. Operation: Diversions from the RIC Pump and Pipeline No. 2 will flow into Pine Lake, which is the subject of the Second Claim herein, where water will be pumped to irrigate 8.8 acres on Applicant’s property or pumped into RIC Pond for the purposes ultimately decreed herein. Remarks: Applicant seeks to make RIC Pump and Pipeline No. 2 an alternate point of diversion for RIC Pump and Pipeline. When diverting from the RIC Pump and Pipeline, Applicant will limit diversions to 0.65 c.f.s, and if diverting from the RIC Pump and Pipeline No. 2, Applicant will limit its maximum instantaneous diversion rate of the water right to 1.33 c.f.s; the cumulative amount from both alternate points will not exceed 1.33 c.f.s. The RIC Pump and Pipeline No. 2 is a component part of an integrated legal water supply plan applied for in this case, applied for in the Plan for Augmentation filed in Case No. 05CW190, District Court, Water Division No. 5, and decreed in Case Nos. 95CW322 and 93CW78B, District Court, Water Division No. 5. Paragraph 21. The fully amended application text with all exhibits is on file with the Division 5 Water Court. (16 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

DECEMBER 2005 RESUME WATER DIVISION 5

PAGE 96

74. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW190 PITKIN COUNTY. ROARING FORK RIVER. Roll International Corporation, Inc., c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Madoline E.S. Wallace, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. FIRST AMENDED APPLICATION FOR A PLAN FOR AUGMENTATION. 1. ¶ 2.A.v. is amended to indicate 29.8 acre-feet Pine Lake. 2. Paragraph 2.D. is added as an augmented structure as follows: RIC Pump and Pipeline No. 2. Previous decree for structure: Not applicable. See Case No. 05CW189, as amended, District Court, Water Division No. 5, which makes the full claim for this water right. 3. The originally applied for statement of plan for augmentation pursuant to §§ 37-92-103(9), -302(1)(2) and -305(8), C.R.S. is amended in paragraphs 4.A. through 4.E. such that Applicant will also irrigate with and augment the RIC Pump & Pipeline No. 2 in addition to both the RIC Pond and Applicant’s Basalt Water Conservancy District contract No. 445 in addition to augmenting uses from the RIC Pond, Pine Lake and RIC Pump and Pipeline. Applicant may also irrigate an alternately described 0.5 acres of lawn on lands described in the revised Exhibit B. If the lands described in Exhibit B are irrigated, the Applicant will remove irrigation from the wildflower area depicted on the map attached as revised Exhibit C. Applicant’s engineers do not anticipate this alternate choice of irrigated lands will change the consumptive use, annual irrigation depletion or annual diversion estimates described in paragraph 4 of the original Application. 4. The fully amended application with all exhibits is on file with the Division 5 Water Court. (32 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 75. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGE(S) COMPRISE A RESUME OF AN APPLICATION FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2005. 05CW206 Garfield County, Amended App for Spring Water Rights, Scott David Gorsuch c/o Caloia, Houpt & Hamilton, P.C., 1204 Grand Ave, Glenwood Springs, CO. The 1st Claim for the Bunk House Spring claim is withdrawn The 2nd Claim for the North Spring location is corrected to a location in Sec 20, T5S R82W of 6th PM, 1320 ft from N sec line and 1000 ft from W sec line of sec 20. All other aspects of the Application remains as published. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2006 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted 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: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601