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

IN WATER DIVISION 6

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of NOVEMBER, 2016.

16CW3018 ROUTT COUNTY. Application for Conditional Water Rights. Applicants: Diane Derrick Knox and William David Knox II, 750 N. Lincoln Memorial Drive, Suite 405, Milwaukee, WI 53202, (970) 870-9744. Counsel for Applicant, Alison M. Lipman, Esq., John P. Holloway, Jr., Esq. Elevation Law Group, P.C., P.O. Box 770908, Steamboat Springs, CO 80477, Telephone: (970) 879-4389. Email: alipman@elevationlawgroup.com. APPLICATION FOR CONDITIONAL WATER RIGHTS (SURFACE). 2. Structure: Knox Spring. 3. Legal Description: Knox Spring has the following UTM coordinates: Easting 336458mE Northing 4518897mN. Knox Spring is located in Routt County, in the NE1/4 NE1/4 of Section 29, Township 10 North, Range 85 West of the 6th P.M, 25 feet from the North line and 754 feet from the East line of said Section 29. A map showing the location is attached to the application as an Exhibit – see court file. Street Address: 61250 Little Mtn. Drive, Clark, CO 80428. Source of UTM and PLSS info.: water commissioner’s field inspection performed on 9/23/16. 4. Source: unnamed tributary of Ways Gulch of Willow Creek of the Elk River of the Yampa River. 5. (A) Date of appropriation: 11/4/2015. (B) How appropriation was initiated: engaged attorneys to file a water rights application for the spring; engaged surveyor, Emerald Mountain Surveyors, Inc. and James Ackerman, RLS, to locate the spring; physically staked spring. (C) Date water applied to beneficial use: N/A (conditional). 6. Amount claimed: conditional 1.5 gpm. 7. Use: irrigation, stock watering, fire protection. (A) Number of acres historically irrigated: N/A; proposed to be irrigated: one (1) to five (5) acres. Applicant does not intend to use this water right to supplement irrigation on an area of land already irrigated under another water right. Legal description of irrigated acreage: a portion of the NE1/4 NE1/4 Section 29, Township 10 North, Range 85 West, 6th P.M. and a portion of the SE ¼ SE1/4 Section 20, Township 10 North, Range 85 West, 6th P.M. Location of irrigated acreage is marked on a topographic map attached as an Exhibit to the application. (B) Non-irrigation purposes: Stock watering and fire protection. The location for stock watering would be the location of the spring itself; the location for fire protection would be the physical acreage immediately surrounding the spring. 8. Names and addresses of owners or reputed owners of land upon which water is: William David Knox II and Diane Derrick Knox (applicant), 750 N. Lincoln Memorial Drive, Suite 405, Milwaukee, WI 53202. 9. Remarks: The spring right would be used to irrigate a tree nursery, which entails growing and selling young seedling conifers and aspen. WHEREFORE, Applicant requests that the court enter a decree approving the conditional water right claimed in this application.

16CW3037 RIO BLANCO-Concerning the Application for Water Rights of Board of County Commissioners of Rio Blanco County, Colorado in Rio Blanco County, Colorado, Application for Conditional Water Rights (Surface), Applicant: Board of County Commissioners of Rio Blanco County, Colorado, c/o Shawn Bolton, Chairman, P.O. Box I, Meeker, CO 81641, (970) 878-9680, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916,

Glenwood Springs, CO 81602, (970) 928-9100. Names of structures: Rio Blanco County Spring 1, Rio Blanco County Spring 2 and Rio Blanco County Spring 3. Legal Descriptions: Rio Blanco County Spring No. 1: UTM Coordinates: Easting 737592.821m Northing 381989.865m Zone 13, Accuracy: 12’ +/-, NE ¼ SW ¼ of Sec. 35, T. 1 N., R. 91 W. of the 6 th P.M., at a point 1940 feet from the South Section line and 1645 feet from the West Section line. Rio Blanco County Spring No. 2: UTM Coordinates: Easting 737654.063m Northing 381910.908m Zone 13, Accuracy: 12’ +/-, NE ¼ SW ¼ of Sec. 35, T. 1 N., R. 91 W. of the 6th P.M., at a point 1685 feet from the South Section line and 1840 feet from the West Section line. Rio Blanco County Spring No. 3: UTM Coordinates: Easting 737667.857m Northing 381892.076m, Zone 13m, Accuracy: 12’ +/-, NE ¼ SW ¼ of Sec. 35, T. 1 N., R. 91 W. of the 6 th P.M., at a point 1635 feet from the South Section line and 1910 feet from the West Section line. Source of all UTMs: Hand Held Garmin GPS, measured from USGS topo map. Source: springs tributary to the North Fork of the White River, tributary to the White River. Appropriation: date of appropriation: 8/2015, initiated by formation of intent to create wetlands and by irrigation of wetlands for mitigation. Date water applied to beneficial use: 07/2016. Amounts: 0.033 c.f.s. (50 gpm) from each spring, absolute for irrigation of .4 acre of wetlands and conditional for irrigation of an additional .6 acre of lands. Uses: Irrigation. Number of acres historically irrigated: 0; proposed to be irrigated 0.4 acre currently being irrigated and another 0.6 acre potentially being irrigated. Applicant does not intend to use this water right to supplement irrigation on an area of land already irrigated under another water right. Legal description of irrigated acreage. Lands located within the NE ¼ SW ¼ of Sec. 35, T. 1 N., R. 91 W. of the 6th P.M. Landowner: Applicant. Remarks: The springs claimed herein are being adjudicated for wetlands irrigation and propagation. The Applicant prays for a decree of this Court and finding the Applicant has exercised appropriation toward the aforementioned water rights and granting Applicant such other relief as the Court deems appropriate. (4 pages)

16CW3038 RIO BLANCO, Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Philip E. Lopez, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6312. E-mail: philip.lopez@coag.gov. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN RIO BLANCO COUNTY, COLORADO. 2. Name of water right: Piceance Creek Instream Flow Water Right; 3. Legal Description: The Piceance Creek Instream Flow Water Right is located in the natural stream channel of Piceance Creek from the confluence with Dry Fork Piceance Creek to the confluence with the White River, a distance of approximately 9.96 miles. A map depicting the approximate location of the Piceance Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Confluence with Dry Fork Piceance Creek at: 1. UTM: Northing: 4433646.00; Easting: 222937.34 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 40° 00' 27.26"N and longitude 108° 14' 45.17"W B. Downstream Terminus: Conflunce with the White River at: 1. UTM: Northing: 4442727.72; Easting: 223357.83 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 40° 05' 21.85"N and longitude 108° 14' 41.41"W C. The Universal Transverse Mercator (UTM) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: Piceance

Creek, tributary to the White River. 5. A. Date of initiation of appropriation: January 26, 2016. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2016, by the action of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2016). C. Date applied to beneficial use: January 26, 2016. 6. Amount of water claimed: Instream flow of 4 cfs (1/1 - 12/31), absolute; 7. Proposed Uses: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2016), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37-92-102(3), C.R.S. (2016). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See Colo. River Water Conservation Dist. v. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2016). As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. 9. Remarks: This appropriation by the CWCB, on behalf of the people of the State of Colorado, is made pursuant to sections 37-92-102(3) & (4) and 37-92-103(3), (4) & (10), C.R.S. (2016). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 18, 2016, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2016), that the natural environment of Piceance Creek will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water rights herein, if granted; and that such environment can exist without material injury to water rights. 10. Terms and Conditions: The CWCB requests that the Court approve the inclusion of the following term and condition in the decree to be issued in this case: Tributaries of Piceance Creek may contain dry sections due to natural hydrologic variability and/or existing surface water diversions. Due to the intermittent hydrologic connectivity of tributaries to the mainstem, surface diversions on tributaries to Piceance Creek upstream of the designated instream flow segment on Piceance Creek do not, at times, have a direct relationship to the flow rate within the instream flow segment. Consequently, the Division Engineer shall enforce any future call by the CWCB against junior surface rights on tributaries to Piceance Creek upstream of the instream flow segments only if the Division Engineer or his or her staff has, through field verification, first determined that such a priority call on upstream surface water rights located on tributaries to Piceance Creek would make water available to the CWCB's instream flow reaches. Moreover, such call on a tributary shall only be enforced during the period that the tributary stream flows are sufficient to ensure that any curtailment order would make water available to the instream flow water rights on the mainstem. The information set forth above shall govern the administration of the claimed Piceance Creek instream flows by the State and Division Engineer, and any change of water rights or plan for augmentation involving diversions upstream of the claimed instream flows.

16CW3039 ROUTT District Court, Water Division 6, Colorado, Court Address: 1955 Shield Drive, Unit 200, Steamboat Springs, CO 80487, Phone: 970-879-5020. CONCERNING THE WATER RIGHTS OF, Applicant: DONALD LEE JOHNSON, In Routt COUNTY, Karl F. Kumli, III, Atty. Reg. No. 11784; Mark D. Detsky, Atty. Reg. No. 35276; Kara N. Godbehere, Atty. Reg. No. 36742; Dietze and Davis, P.C., 2060 Broadway, Suite 400, Boulder, Colorado

80302, Phone Number: 303.447.1375, Attorneys for Donald Lee Johnson. APPLICATION FOR DETERMINATION OF WATER RIGHT. The Applicant, Don Johnson d/b/a Strawberry Park Hot Springs Resort, by and through his undersigned attorneys, Dietze and Davis, P.C. hereby makes the following application for determination of water right in the Yampa River basin. By this application, the Applicant is requesting a determination that the structure decreed as the Routt Hot Springs Diversion may be found to be a “present use… of water being made by other water users pursuant to appropriation or practices in existence on the date of such appropriation, whether or not previously confirmed by court order or decree” as provided under C.R.S. §37-92-102(3)(b) with respect to certain instream flow water rights adjudicated in favor of the Colorado Water Conservation Board (“CWCB”) in Water Division No. 6. As a result of the requested determination, Mr. Johnson further requests a finding of the Court that the appropriative right decreed in Case Nos. 82CW40 and 86CW122 for the Routt Hot Springs Diversion is not subject to administration by the Division Engineer with respect to curtailment under a call for certain instream flow rights decreed to the CWCB on Hot Spring Creek and the Elk River, as described below. I. Applicant and Jurisdiction. 1. Applicant: Don Johnson, a private individual, d/b/a Strawberry Park Hot Springs Resort. Address and telephone number: Strawberry Park Hot Springs Resort, 44200 CR 36, Steamboat Springs, Colorado 80487, Phone Number: (970) 879-0342. 2. This case concerns the administration of the surface water right decreed by this court in Case No. 82CW40 and confirmed as absolute in Case No. 86W122 for the Routt Hot Spring Diversion (together, the “Water Right”). 3. “An applicant who holds a prior adjudicated decree may file an application with the water court for review and determination of the scope and content of the prior decree.” Southern Ute Indian Tribe v. King Consolidated Ditch Co., 250 P.3d 1226, 1237 (Colo. 2011). As in Southern Ute, this matter is not an application for new conditional or absolute surface water rights. This application relates to the scope and content of the Routt Hot Springs Diversion with respect to the administration of the Water Right relative to certain instream flow rights held by the CWCB. 4. Water matters include those matters that affect the right to use water acquired by appropriation, including matters of administration. Crystal Lakes Water and Sewer Ass’n v. Blacklund, 908 P.2d 534 (Colo. 1995). This case involves “water matters” regarding the use and administration of a surface water right decreed under the Water Rights Determination and Administration Act and this Court has exclusive jurisdiction. C.R.S. § 37-92-203(1). II. Application for Determination of Water Right. 5. Structure: Routt Hot Springs Diversion, WDID No. 5802426. A. Legal Description: As set forth in the decree in 82CW40, the Routt Hot Springs Diversion is located in the SW ¼ SE ¼ Section 18, T7N R84W of the 6th P.M., 420 feet north of the south boundary and 2,000 feet west of the east boundary of Section 18, in Routt County, Colorado, which corresponds to a Universal Transverse Locator (UTM) coordinate of Zone 13, Northing 4491513 meters, Easting 343315 meters. A legible 8 1/2 x 11 inch portion of the USGS 1:24000 scale Rocky Peak Quadrangle topographic map marking the approximate location of the Routt Hot Springs Diversion is attached as EXHIBIT A. B. Source: Springs tributary to Hot Spring Creek, tributary to the Elk River, tributary to the Yampa River. The springs that comprise the source of water historically diverted by the subject water right are located on the Applicant’s property, the legal location of which is the SW ¼ SE ¼ Section 18, T7N R84W of the 6th P.M., Routt County, Colorado. The approximate location of Mr. Johnson’s property is shown in the attached EXHIBIT B. C. Amount: 1 cfs. D. Uses: Bathing, recreation, health and therapy. E. Date of appropriation: April 5, 1982. F. How appropriation was initiated: The appropriation was initiated by construction of water diversion features and beneficial use of water. G. Date water

applied to beneficial use: April 5, 1982. 6. Summary of Resort Water System. Mr. Johnson owns and operates the Strawberry Park Hot Springs Resort (the “Resort”). The Resort is located approximately seven miles northwest of the Town of Steamboat Springs, Colorado on Hot Spring Creek. The Resort is open every day of the year to the general public, to guests for overnight stays, as well as for private events. The Resort consists of multiple cabins, bathroom facilities, a spa, office buildings, a caretaker’s cabin, camping facilities, food service facilities, and group event facilities. The hot springs complex arising on the Applicant’s property is the focal point of the business. The Resort’s integrated system includes the Routt Hot Springs Diversion, the Routt Hot Springs Regulating Diversion, the Strawberry Cold Pond, as well as decreed wells and the Johnson Spring No. 1. A. Routt Hot Springs Diversion. In Case No. 82CW40, the Applicant’s predecessor-in-interest adjudicated a conditional water right for the Routt Hot Springs Diversion as a pro se party. Beneficial use of the Routt Hot Springs Diversion was decreed absolute for recreation, health and therapy, and bathing uses by the decree entered in Case No. 86CW122. The Routt Hot Springs Diversion captures and controls the flow of multiple natural geothermal hot springs which surface at various points on Applicant’s property into constructed pools for the decreed beneficial uses. The temperature of the water at the locations where the springs emanate from the ground ranges from approximately 124 degrees to 152 degrees Fahrenheit. The temperature of the springs has been documented since at least 1920 (George et. al.) and has been confirmed by subsequent studies. B. Strawberry Cold Pond and Routt Hot Springs Regulating Diversion. In Case No. 11CW45, Mr. Johnson adjudicated water rights for two structures that are integrated with the Routt Hot Springs Diversion: First, the Strawberry Cold Pond diverts and stores water from Hot Spring Creek in an on-channel reservoir. Second, the Routt Hot Springs Regulating Diversion (the “Regulating Diversion”) diverts water from Hot Spring Creek into the pools of the Routt Hot Springs Diversion to regulate the temperature of the pools and for cleaning and scouring of the pools. These two structures were each decreed a priority date of 2011. Additionally, these two structures were decreed an appropriation date of December 31, 1935 and the water rights were declared to be exempt from a call from certain instream flow rights on Hot Spring Creek and the Elk River based on the criteria established in C.R.S. §37-92-102(3)(b), which ruling is described below. 7. Instream Flow Rights. The CWCB has adjudicated instream flow water rights by virtue of its statutory authority to hold such water rights for the benefit of the natural environment on Hot Spring Creek and the Elk River in the following decrees (referred to as the “Instream Flow Rights”): A. Decree: W-1331-77 (lower Elk River); i. Date of appropriation: September 23, 1977. ii. Amount: 65 cfs. iii. Source: Elk River. B. Decree: W-1335-77 (Hot Spring Creek); i. Date of appropriation: September 23, 1977. ii. Amount: 2 cfs. iii. Source: Hot Spring Creek. C. Decree: 04CW24 (Hot Spring Creek). i. Date of appropriation: August 15, 1997. ii. Amount: 2 cfs. iii. Source: Hot Spring Creek. iv. Remarks: Change of use from transfer of rights decreed to H.E. Turner Ditch 1st Enlargement. 8. Statutory Standard. Pursuant to C.R.S. §37-92-102(3)(b) (“Section 102(3)(b)”), all appropriations of the CWCB for instream flow uses under C.R.S. §37-92-102, “shall be subject to the present uses or exchanges of water being made by other water users pursuant to appropriation or practices in existence on the date of such appropriation, whether or not previously confirmed by court order or decree.” 9. Claim for Relief. The Applicant claims that the historical facts concerning the appropriation or practices in existence of the Routt Hot Springs Diversion satisfy the statutory standard of beneficial uses being made by water users with access and permission to make such uses on a year-round basis; and demonstrate such practices were in existence on the date of the Instream Flow Rights

appropriations. Here, the Water Right was confirmed by a Court decree, for the same beneficial uses that were made by prior water users, which circumstance is contemplated by the statute’s plain language. Thus, the Applicant has met the requirements of Section 102(3)(b). The Applicant therefore requests a finding of the Court confirming the Structure is one contemplated by Section 102(3)(b) and that the Routt Hot Springs Diversion is recognized as exempt from a valid call for the CWCB for the Instream Flow Rights. 10. Summary of Relevant Historical Facts Evidencing Use of the Routt Hot Springs Prior to Instream Flow Rights Appropriation Date. The history of the Yampa Valley is that the Routt Hot Springs geothermal complex has been used from time immemorial by Native American tribes. The Routt Hot Springs was also used since French and American settlement of the area, for recreation, bathing, health and therapeutic uses. The Applicant’s predecessor-in-interest acquired the Routt Hot Springs Diversion property in 1935 and allowed public access at all periods since. Since the time when the Town of Steamboat Springs Health and Recreation Association was deeded the hot springs property, the Routt Hot Springs Diversion has been considered a beloved and iconic feature of the valley that was created during the irrigation and non-irrigation seasons each year by members of the public who were allowed to access the property and made such diversions for the beneficial uses of bathing, recreation, health and therapy. 11. Timeline: The following timeline regarding the public’s access to the Routt Hot Springs Diversion evidences the determination under Section 102(3)(b): A. The Applicant’s chain of title recorded in the real property records of Routt County, show that on January 29, 1935, H.W. Gossard transferred the Strawberry Park Hot Springs property to the Steamboat Springs Company, a Colorado corporation. On August 5, 1935, the Steamboat Springs Company transferred title to the Steamboat Springs Health and Recreation Association (“Health and Recreation Association”). The Health and Recreation Association managed the property as a public resource and eventually adjudicated the Routt Hot Springs Diversion rights as a pro se applicant in Case No. 82CW40. B. The Health and Recreation Association placed the general public on notice of the public access to the hot springs from the time of its acquisition of the same. Notice was provided to the general public through newspaper articles, tourist promotions, and public outings, that the Routt Hot Springs complex was available for, and being diverted for, bathing, recreation, health and therapy beneficial uses. C. Bathers and other recreationalists used the Routt Hot Springs by forming hot pools on the banks of Hot Spring Creek and into the channel of the creek itself. To effectuate this appropriation, natural rocks were built up to capture and divert the waters emanating from the hot springs. The temperature of the pools was regulated via the Routt Hot Springs Regulating Diversion, and the waters of Hot Spring Creek were impounded via the Strawberry Cold Pond. D. The Health and Recreation Association managed the property, including engaging in sub-contracts for management to the Forest Service and to the Colorado Division of Parks and Wildlife at various times. At some point, the Health and Recreation Association determined not to continue to hold the property and offered it for sale. E. The Health and Recreation Association managed the property including the hot springs as a public resource until July 23, 1982, when it was sold to the Applicant. After the Applicant purchased the property in 1982, improvements were made to the engineering of the structures that had been historically present. As part of the historical use of the hot springs complex, the Routt Hot Springs Diversion was constructed of mortared stone, with water passing through the hot pools and into the Strawberry Cold Pond before being released to Hot Spring Creek. F. In Case No. 11CW45, discussed further below, the Court found that the Routt Hot Springs Regulating Diversion and the Strawberry Cold Pond satisfied the standards of Section 102(3)(b). These structures were each

constructed by water users in order to effectuate use of the Routt Hot Springs Diversion. It follows that in having used the Strawberry Cold Pond and the Regulating Diversion, members of the public also used the Routt Hot Springs Diversion. 12. Evidence in Support of Claim. The Applicant presents the following evidence in support of the claims set forth in paragraph 11, as follows: A. Title Chain of Property: The Applicant’s record chain of title of transfers of the property evidences the claim that the public had been able to use the Routt Hot Springs and the associated diversions since at least December 31, 1935. B. Affidavit of Don Johnson: Mr. Johnson testifies as to his personal knowledge as owner and operator of the Strawberry Park Hot Springs Resort. Mr. Johnson testifies as to the history and use of the Strawberry Park Hot Springs property and the appropriation subject to this petition. Mr. Johnson attests as to his research and investigation, as well as the presentation and submission of an application for designation as a historical landmark to the Board of County Commissioners of Routt County. See, EXHIBIT C. C. Resolution of the Board of County Commissioners for the County of Routt. On November 22, 2005, the Board of County Commissioners for the County of Routt recognized the Strawberry Park Hot Springs (a/k/a the “Routt Hot Springs”) as a historical landmark of Routt County. In that proceeding, the Commissioners acknowledged the existence of the thermal springs and pools into which those diverted springs flowed and constituting the Routt Hot Springs Diversion. The finding of the County Commissioners is attached to the application and is incorporated herein by reference as if set out full. See, EXHIBIT D. D. Historical Photographs Authenticated by the Tread of Pioneers Museum: The Tread of Pioneers Museum in Steamboat Springs has authenticated historical photographs that show the users of the more primitive incarnation of the structures subject to the instant application. The photographs were dated February, 1935 and “circa 1950’s”, respectively. See, EXHIBIT E. 13. Findings of Prior Decree. In Case No. 11CW45, attached as EXHIBIT F, this Court ruled that the two other structures that comprise the integrated system of water rights for the Resort, the Strawberry Cold Pond and the Routt Hot Springs Regulating Diversion discussed above, satisfied the standard of C.R.S. §37-92-102(3)(b). The two structures decreed in Case No. 11CW45 relate to the use of the Routt Hot Springs by members of the public for bathing, recreation, health and therapy. The Court therefore confirmed that the Strawberry Cold Pond and the Routt Hot Springs Regulating Diversion structures and appropriations are not subject to curtailment when a call is placed for Instream Flow Rights that would otherwise cause these structures to be administered. The Routt Hot Springs Diversion should be granted the same determination as the other integrated structures used at the Resort. 14. Finding Requested on Scope and Content of Decrees in Case Nos. 82CW40 and 86CW122. In Case No. 82CW40, the pro se Applicant indicated an appropriation date of April 5, 1982, the date of filing of the application. The Applicant does not seek to change that decree. Rather, the Applicant seeks a finding limited to the exemption from administration pursuant to Section 102(3)(b) as related to a call for the Instream Flow Rights. To this end, the Court should determine that the scope and content of the decreed appropriation and priority dates for the Routt Hot Springs Diversion do not preclude a finding that water users had used the Routt Hot Springs Diversion for its decreed purposes pursuant to practices that were in existence at the time the CWCB appropriated the Instream Flow Rights, regardless of whether the Water Right was decreed or not. Such an interpretation comports with the plain language of Section 102(3)(b) and the intent of the statute to allow parties to bring forward evidence of prior use regardless of whether the right was decreed. 15. Owners of Land upon which the Structure Is Located: The Water Right and the land it is located upon are owned by Mr. Johnson. 16. Conclusion. The Applicant seeks

findings on the matters described herein that relate to the scope and content of the Water Right with respect to administration of the Routt Hot Springs Diversion and will remove uncertainty with respect to a valid call placed by the CWCB for its Instream Flow Rights. Accordingly, the Applicant seeks an Order of the Court finding and decreeing as follows: A. That, as of December 31, 1935, the Routt Hot Springs Diversion was a structure that was either appropriated by or reflected practices in existence by water users diverted by forming ponds and used the Routt Hot Springs Diversion for bathing, recreation, health and therapy non-consumptive beneficial uses which were decreed to the Routt Hot Springs Diversion in 1982 and are represented by present structures; and B. That the Applicant has made the required showing pursuant to C.R.S. §37-92-102(3)(b) that the Routt Hot Springs Diversion structure satisfies the statutory standard of “present uses or exchanges of water being made by other water users pursuant to appropriation or practices in existence on the date of such appropriation, whether or not previously confirmed by court order or decree” under C.R.S. §37-92-102(3)(b); and C. That the Water Right is therefore entitled to order that it is exempt from a call made by the CWCB pursuant to the Instream Flow Rights held by the agency on Hot Spring Creek and the Elk River under the following decrees for the benefit of the CWCB: i. W-1331-77 (lower Elk River); ii. W-1335-77 (Hot Spring Creek); iii. 04CW24 (Hot Spring Creek). D. That a call for the CWCB Instream Flow Rights shall not result in administration or curtailment of the Routt Hot Springs Diversion by the Division Engineer; and E. Such other and further relief in the Court’s discretion as may be appropriate.

16CW3040 RIO BLANCO-Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Philip E. Lopez, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6312. E-mail: philip.lopez@coag.gov. Application for instream flow water rights to preserve the natural environment to a reasonable degree in rio blanco county, colorado. 2. Name of water right: Yellow Creek (Upper) Instream Flow Water Right, Yellow Creek (Lower) Instream Flow Water Right; 3. Legal Description: Both Yellow Creek ISF water rights are located in the natural stream channel of Yellow Creek. Each segment is described individually below. A. Yellow Creek (Upper) ISF Water Right is located in the natural stream channel of Yellow Creek from the confluence with Barcus Creek to the confluence with Lambert Springs, a distance of approximately 3.66 miles. A map depicting the approximate location of the Yellow Creek (Upper) ISF Water Right reach is attached as Exhibit 1. 1. Upstream Terminus: Confluence with Barcus Creek at: a. UTM: Northing: 4446251.97; Easting: 213556.69 (NAD 1983 Zone 13 North) b. Lat/Long: latitude 40° 07' 4.17"N and longitude 108° 21' 40.23"W 2. Downstream Terminus: Confluence with Lambert Springs at: a. UTM: Northing: 4449129.57; Easting: 211572.39 (NAD 1983 Zone 13 North) b. Lat/Long: latitude 40° 08' 34.90"N and longitude 108° 23' 8.54"W B. Yellow Creek (Lower) ISF Water Right is located in the natural stream channel of Yellow Creek from the confluence with Lambert Springs to the confluence with the White River, a distance of approximately 3.45 miles. A map depicting the approximate location of the Yellow Creek (Lower) ISF Water Right reach is attached as Exhibit 2. 1. Upstream Terminus: Confluence with Lambert Springs at: a. UTM: Northing: 4449129.57; Easting: 211572.39 (NAD 1983 Zone 13 North) b. Lat/Long: latitude 40° 08' 34.90"N and longitude 108° 23' 8.54"W 2. Downstream Terminus: Confluence with the White River at: a. UTM: Northing: 4452477.49; Easting:

210214.46 (NAD 1983 Zone 13 North) b. Lat/Long: latitude 40° 10' 21.61"N and longitude 108° 24' 11.25"W C. The Universal Transverse Mercator (UTM) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: The source of both water rights is Yellow Creek, tributary to the White River. 5. A. Date of initiation of appropriation: January 26, 2016. B. How appropriation was initiated: Appropriation and beneficial use of both Yellow Creek (Upper) and Yellow Creek (Lower) ISF Water Rights occurred on January 26, 2016, by the action of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2016). C. Date applied to beneficial use: January 26, 2016 for both ISF water rights. 6. Amount of water claimed: A. Yellow Creek (Upper) ISF: Instream flow of 0.82 cfs (3/1 - 6/15), and 0.4 cfs (6/16 - 2/29), absolute; B. Yellow Creek (Lower) ISF: Instream flow of 1.8 cfs (3/1 - 6/15), and 1.2 cfs (6/16 - 2/29), absolute. 7. Proposed Uses: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2016), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37-92-102(3), C.R.S. (2016). As instream flow water rights, the CWCB’s appropriations do not require diversion structures or storage. See Colo. River Water Conservation Dist. v. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2016). As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. 9. Remarks: These appropriations by the CWCB, on behalf of the people of the State of Colorado, are made pursuant to sections 37-92-102(3) & (4) and 37-92-103(3), (4) & (10), C.R.S. (2016). The purpose of the CWCB’s appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on May 18, 2016, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2016), that the natural environment of Yellow Creek will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water rights herein, if granted; and that such environment can exist without material injury to water rights. 10. Terms and Conditions: The CWCB requests that the Court approve the inclusion of the following term and condition in the decree to be issued in this case: The claimed instream flow segments of Yellow Creek are primarily spring fed. Above these segments, the creek contains intermittent dry sections. Due to the intermittent hydrologic connectivity of surface flows, surface diversions upstream of the designated instream flow segments on Yellow Creek rarely have a direct relationship to the flow rate within the instream flow segments. Consequently, the Division Engineer shall enforce any future call by the CWCB against junior surface rights upstream of the instream flow segments only if the Division Engineer or his or her staff has, through field verification, first determined that such a priority call on upstream surface water rights would make water available to the CWCB's instream flow reaches. Moreover, such call shall only be enforced during the period that the stream flows are sufficient to ensure that any curtailment order would make water available to the instream flow water rights. The hydrologic characterization of the creek set forth above shall govern the administration of the claimed Yellow Creek instream flows by the State and Division

Engineer, and any change of water rights or plan for augmentation involving diversions upstream of the claimed instream flows.

16CW3041 MOFFAT COUNTY. Talamantes Creek, trib. to Vermillion Creek, Trib. to the Green River, releases from the Elk Ranch Reservoir and Elk Ranch Reservoir Lower Site, described below. Application for Finding of Reasonable Diligence. Applicant: Diamond Peak Land Company, LLC, c/o Balcomb & Green P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-9456546. Summary of Application: Applicant requests a finding of reasonable diligence for the cond. water rights decreed in Case No. 08CW89, Dist. Court, Water Division 6, as amended by Order dated October 31, 2013. Structures: Case No. 08CW89 decreed surface water rights for the Rafto Elk Ranch Ditch to be diverted at the following 10 alternate pt. and that are shown on Figure 1: Orig. Decree: Case No. 08CW89, Dist. Court, Water Division 6 on 11/15/2010. Decreed Locations:

Distance from Sec. Line1, Ft.Amt. cfsName of Water Right Sec. Twn. R. ¼ ¼ ¼

Dist.from

N/S

Dist.from E/W

Rafto Elk Ranch No. 1 16 11N 102W NW NW 90 N 660 W 5.00

Rafto Elk Ranch No. 2 16 11N 102W NW NE 400 N 2000 E 2.00

Rafto Elk Ranch No. 3 16 11N 102W NE NE 510 N 880 E 5.00

Rafto Elk Ranch No. 4 15 11N 102W NW NW 610 N 800 W 2.00

Rafto Elk Ranch No. 5 15 11N 102W NE NW 860 N 1600 W 2.00

Rafto Elk Ranch No. 6 15 11N 102W NE NW 1150N 2040 W 2.00

Rafto Elk Ranch No. 7 15 11N 102W SE NW 1540N 2150 W 2.00

Rafto Elk Ranch No. 8 15 11N 102W SW NE 1540N 2870 W 2.00

Rafto Elk Ranch No. 9 15 11N 102W SW NE 1340N 2140 E 2.00

Rafto Elk Ranch No. 10 15 11N 102W SW NE 1410N 1800 E 2.00

Pursuant to the decree entered in Case No. 08CW89, Applicant shall provide updated distances from Sec. lines to correspond to the as-built locations. Amt.: All rights are claimed cond. in the Amt. described above. The total Amt. to be diverted by the Rafto Elk Ranch Ditches at any one time shall not exceed 5 cfs, unless supplemented by releases from storage from the Elk Ranch Reservoir or Elk Ranch Reservoir Lower Site. Date of Approp.: 7/8/2008. Uses: Irr., stock watering, ind., comm., fire prot., and wildlife watering, reuse and successive use for the foregoing by diversion of irr. return flows. Number of acres to be irrigated: 156.4 acres from the above described water rights. The acres to be irrigated are located in portions of Sec. 9, 10, 15, and 16 of T. 11 N., R. 102 W., 6th P.M., as shown on Figure 1. Portions of the areas to be irrigated will be flooded by the creation of the Elk Ranch Reservoir or Elk Ranch Reservoir

Lower Site, at which pt. irr. will cease. Non irr.: Stockwatering, comm. and ind. for use in energy development and related operations. Structure: Rafto Sparks Pipeline. Orig. Decree: Case No. 08CW89, Dist. Court, Water Division 6 on 11/15/2010. Legal Description: The headgate is located in the SW1/4, NW1/4, Sec. 13, T. 11 N., R. 102 W., 6th P.M., at a pt. 1400 ft. S. of the N. Sec. line and 960 ft. E. of the W. Sec. line of said Sec. 13, as shown on Figure 2. This may also be described UTM Zone 12, E.ing 683828, N.ing 4531779. Source: Talamantes Creek, trib. to Vermillion Creek, Trib. to the Green River, and/or releases from the Elk Ranch Reservoir and/or Elk Ranch Reservoir Lower Site, described below. Amt.: 6 cfs, cond. Date of Approp.: 7/8/2008. Uses: Irr., stock watering, ind., comm., fire prot., and wildlife watering. Number of acres to be irrigated: Up to 88.6 acres by sprinkler irr. located in portions of Sec. 13, of T. 11 N., R. 102 W., 6th P.M., and Sec. 18 of T. 11 N., R. 101 W., 6th P.M., as shown on Figure 2. Structure: Rafto Sparks Pump Station. Orig. Decree: Case No. 08CW89, Dist. Court, Water Division 6 on 11/15/2010. Legal Description: The diversion structure is located in the SW1/4, NE1/4, Sec. 13, T. 11 N., R. 102 W., 6th P.M., at a pt. 2110 ft. S. of the N. Sec. line and 1880 ft. W. of the E. Sec. line of said Sec. 13, as shown on Figure 2. This may also be described as UTM Zone 12, Easting 684565, Northing 4531586. Source: Talamantes Creek, trib. to Vermillion Creek, Trib. to the Green River, and/or releases from the Elk Ranch Reservoir and/or Elk Ranch Reservoir Lower Site, described below. Amt.: 3 cfs, cond. Date of Approp.: 7/8/2008. Uses: Ind. and comm. Structure: Elk Ranch Reservoir – Second Enlargement. Orig. Decree: Case No. 08CW89, Dist. Court, Water Division 6 on 11/15/2010 and as amended by Order on 10/13/2013. Legal Description: The intersec. of the centerline of the dam and centerline of the creek is located in the NW1/4, NE1/4, Sec. 16, T. 11 N., R. 102 W., 6th P.M., at a pt. 500 Ft. S. of the N. Sec. line and 1700 Ft. W. of the E. Sec. line of said Sec. 16, as shown on Figure 1. This is also described as Global Positioning System coordinates, UTM Zone 12, Easting 679783, Northing 4531963. Source: Talamantes Creek, trib. to Vermillion Creek, trib. to the Green River. Date of Approp.: 7/8/2008. Uses: Irr., stock watering, fire prot., and wildlife watering reuse and successive use for the foregoing by diversion of irr. return flows. Number of acres to be irrigated: 232.3 acres from the above described water rights. The acres to be irrigated are located in portions of Sec. 9, 10, 13, 14, 15, and 16 of T. 11 N., R. 102 W., 6th P.M., and in portions of Sec. 18, T. 11 N., R. 101 W., 6th P.M., as shown on the maps attached as Figures 1 and 2. Amt.: 940 AF, cond. Surface Area: 67.6 acres. Dam Height: 45 ft. Dam Length: 1,250 ft. Capacity: 940 AF. Active Storage: 940 AF. Dead Storage: 0 AF. Structure: Elk Ranch Reservoir, Lower Site. Orig. Decree: Case No. 08CW89, Dist. Court, Water Division 6 on 11/15/2010 and as amended by Order on 10/13/2013. Legal Description: The intersec. of the centerline of the dam and centerline of the creek is located in the NW1/4, NW1/4, Sec. 15, T. 11 N., R. 102 W., 6th P.M., at a pt. 630 ft. S. of the N. Sec. line and 1030 ft. W. of the E. Sec. line of said Sec. 15, as shown on Figure 1. This is also described as Global Positioning System coordinates, UTM Zone 12, Easting 680647, Northing 4531964.Date of Approp.:7/8/2008. Uses: Irr., stock watering, fire prot., and fishery, evap., wildlife watering, reuse and successive use for the foregoing by diversion of irr. return flows. Number of acres to be irrigated: 191.7 acres from the above described water rights. The acres to be irrigated are located in portions of Sec. 10, 13, 14, and 15 of T. 11 N., R. 102 W., 6th P.M., and in portions of Sec. 18, T. 11 N., R. 101 W. of the 6th P.M., as shown on Figures 1 and 2. Amt.: 1120 AF, cond. Surface Area: 50.2 acres. Dam Height: 45 ft. Dam Length: 1,230 ft. Capacity: 1120 AF. Active Storage: 1120 AF. Dead Storage: 0 AF. Integrated System. Pursuant to the decree entered in Case No. 08CW89, the cond. water rights described above are individual components of Applicant’s integrated water supply system for irr.

of Applicant’s property and delivery to ind. and other uses. Consequently, in subsequent diligence proceedings, work on any one feature of Applicant’s supply system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicant’s water supply system. C.R.S. § 37-92-301(4)(b). A detailed outline of what has been done toward completion of the Approp. and application of water to a beneficial use is on file with this court. 10 pgs.

16CW3042 RIO BLANCO-Application for finding of reasonable diligence and to make conditional water rights absolute. In the matter of the application for water rights of the Elk Creek Ranch Owners Association. District court, water division no. 6, state of Colorado, 1955 Shield Dr., Unit 200, Steamboat Springs, CO 80487, Telephone: 970-879-5020. 1. Name and Address of Applicant: Elk Creek Ranch Owners Association, Attn: Chris Dinsdale, President, 1111 County Road 54, P.O. Box 444, Meeker, Colorado 81641. Direct all pleadings to: Glenn E. Porzak, Karen L. Henderson, Corina A. Hach, Porzak Browning & Bushong LLP, 2120 13th

Street, Boulder, CO 80302. 2. Overview: By this Application, the Applicant seeks to make some of its water rights absolute, in whole or in part, and a finding of a reasonable diligence on any portion of its water rights that remain conditional, as more specifically described below. 3. Description of the Direct Flow Water Rights: The following direct flow water rights were decreed by the District Court in and for Water Division No. 5 (the “Division No. 5 Water Court”) in Case No. 08CW42, with an adjudication date of April 30, 2008. 3.1 Elk Creek Ditch, ECL Enlargement. (a) Location: The headgate is located in the SW¼ of the SE¼ of Section 23, Township 1 South, Range 92 West, 6th P.M., at a distance of 62 feet from the South section line and 1,506 feet from the East section line of said Section 23, as shown on Exhibit A. (b) Amount: 12 cfs, conditional. (c) Source: Elk Creek. (d) Uses: Recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and to refresh the ECR Ponds. (e) Place of Use: In-ditch and through ECR Ponds 1A, 1B, 2A, 2B, 3, 4, 5, 8, 9, and 10, as decreed in Case No. 08CW42. (f) Appropriation Date: May 3, 2006. 3.2 Elk Creek Ditch No. 3, First Enlargement. (a) Location: The headgate is located in the NE¼ of the NE¼ of Section 26, Township 1 South, Range 92 West, 6th P.M., at a distance of 469 feet from the North section line and 985 feet from the East section line of said Section 26, as shown on Exhibit A. (b) Amount: 2 cfs, conditional. (c) Source: Elk Creek. (d) Place of Use: In-ditch and through ECR Ponds 3, 4, 5, 8, 9, and 10, as decreed in Case No. 08CW42. (e) Uses: Recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and to refresh the ECR Ponds. (f) Appropriation Date: May 3, 2006. 3.3 Elk Creek Ditch No. 3, ECL Enlargement. (a) Location: The headgate is located in the NE¼ of the NE¼ of Section 26, Township 1 South, Range 92 West, 6th P.M., at a distance of 469 feet from the North section line and 985 feet from the East section line of said Section 26, as shown on Exhibit A. (b) Amount: 3 cfs, conditional. (c) Source: Elk Creek. (d) Uses: Recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and to refresh the ECR Ponds. (e) Place of Use: In-ditch and through ECR Ponds 3, 4, 5, 8, 9, and 10 as decreed in Case No. 08CW42. (f) Appropriation Date: May 3, 2006. 3.4 Greenstreet Ditch Ext., ECL Enlargement. (a) Location: The headgate is located in the SW¼ of the NW¼ of Section 19, Township 1 South, Range 91 West, 6th P.M., at a distance of 1,299 feet from the North section line and 963 feet from the West section line of said Section 19, as shown on Exhibit A. (b) Amount: 15 cfs, conditional. (c) Source: White River. (d) Uses: Recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or

commercial fishing), and to refresh the ECR Ponds. (e) Place of Use: In-ditch and through ECR Ponds 1A, 1B, 2A, 2B, 3, 4, 5, 8, 9, 10, and 11, as decreed in Case No. 08CW42. (f) Appropriation Date: May 3, 2006. 3.5 Nelson Ditch, ECL Enlargement. (a) Location: The headgate is located in the SE¼ of the SW¼ of Section 18, Township 1 South, Range 91 West, 6th P.M., at a point 553 feet from the South section line and 2,325 feet from the West section line of said Section 18, as shown on Exhibit A. (b) Amount: 5 cfs, conditional. (c) Source: White River. (d) Uses: Recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and to refresh the ECR Ponds. (e) Place of Use: In-ditch and through ECR Ponds 6 and 7 described in paragraphs 4.1 and 4.2 below. (f) Appropriation Date: May 3, 2006. 4. Description of the Storage Water Rights: The following storage water rights were decreed by the Division No. 5 Water Court in Case No. 08CW42, with an adjudication date of April 30, 2008. 4.1 ECR Pond No. 6. (a) Location: The middle of the dam is located in the SE¼ of the NE¼ of Section 24, Township 1 South, Range 92 West, 6th P.M., at a point 3,589 feet from the South section line and 1,172 feet from the East section line of said Section 24, as shown on Exhibit A. (b) Amount: 19.05 acre-feet, absolute for all uses except augmentation. (c) Source: White River, specifically by the Nelson Ditch (including any and all extensions and enlargements of same), the headgate of which is located as described in paragraph 3.5(a) above. The maximum filling rate from the Nelson Ditch is 5 cfs. (d) Uses: Recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and augmentation. (e) Appropriation Date: May 3, 2006. (f) Structure: The length of the dam is 1,000 feet. The height of the dam measured vertically from the elevation of the lowest point on natural grade to the crest of the emergency spillway of the dam is less than 10 feet. The surface area of Pond No. 6 (2.76 acres) and its associated wetland bio-filter (0.17 acres) is 2.93 acres. (g) Remarks: ECR Pond No. 6 is an off-channel pond. 4.2 ECR Pond No. 7. (a) Location: The middle of the dam is located in the NE¼ of the NE¼ of Section 24, Township 1 South, Range 92 West, 6th P.M., at a point 4,018 feet from the South section line and 766 feet from the East section line of said Section 24, as shown on Exhibit A. (b) Amount: 22.65 acre-feet, absolute for all uses except augmentation. (c) Source: White River, specifically by the Nelson Ditch (including any and all extensions and enlargements of same), the headgate of which is located as described in paragraph 3.5(a) above. The maximum filling rate from the Nelson Ditch is 5 cfs. (d) Uses: Recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and augmentation. (e) Appropriation Date: May 3, 2006. (f) Structure: The length of the dam is 500 feet. The height of the dam measured vertically from the elevation of the lowest point on natural grade to the crest of the emergency spillway of the dam is less than 10 feet. The surface area of Pond No. 7 is 3.12 acres. (g) Remarks: ECR Pond No. 7 is an off-channel pond. 4.3 ECR Pond No. 11. (a) Location: The middle of the dam is located in the NE¼ of the SW¼ of Section 24, Township 1 South, Range 92 West, 6th P.M., at a point 2,097 feet from the South section line and 3,670 feet from the East section line of said Section 24, as shown on Exhibit A. (b) Amount: 47.40 acre-feet, absolute for all uses except augmentation. (c) Source: White River, specifically by the Greenstreet Ditch (including any and all extensions and enlargements of same) the headgate of which is located as described in paragraph 3.4(a) above. The maximum filling rate from the Greenstreet Ditch is 15 cfs. (d) Uses: Recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and augmentation. (e) Appropriation Date: August 1, 2007. (f) Structure: The length of the dam is 1,506 feet. The height of the dam measured vertically from the elevation of the lowest point on

natural grade to the crest of the emergency spillway of the dam is less than 10 feet. The surface area of Pond No. 11 (5.12 acres) and its associated wetland bio-filter (0.54 acres) is 5.66 acres. (g) Remarks: ECR Pond No. 11 is an off-channel pond. 5. Description of the Appropriative Right of Exchange: The following appropriate right of exchange was decreed by the Division No. 5 Water Court in Case No. 08CW42, with an adjudication date of April 30, 2008. 5.1 Pond No. 11 Exchange. (a) Exchange from Point: The confluence of the Elk Creek and White River at a point in the NW¼ of the SE¼ of Section 23, Township 1 South, Range 92 West of the 6th P.M., at a distance of 2,176 feet from the East section line and 1,480 feet from the South section line of said Section 23. (b) Exchange to Point: A point on the White River in the SW¼ of the NW¼ of Section 19, Township 1 South, Range 91 West of the 6th P.M., at a distance 1,299 feet from the North section line and 963 feet from the West section line of said Section 19. (c) Appropriation Date: April 30, 2008. (d) Exchange Rate: 2.2 cfs, conditional. (e) Remarks: This exchange is junior in priority to the CWCB’s instream flow right on the White River decreed in Case No. 77-W-3652(C). The exchange shall only be operated in-priority and after prior notice to the Water Commissioner and Division Engineer. 6. Description of the Groundwater Rights: The following groundwater rights were decreed by the Division No. 5 Water Court in Case No. 08CW42, with an adjudication date of April 30, 2008. 6.1 Elk Creek Lodge Well No. 1. (a) Location: This well will be located in the SW¼ of the SE¼ of Section 23, Township 1 South, Range 92 West, 6th P.M., more specifically 542 feet from the South section line and 1,538 feet from the East section line of said Section 23, as shown on Exhibit A. (b) Amount: 25 gpm, conditional. (c) Annual Volumetric Diversion Limit: 3.50 acre-feet, which represents a combined total that may be withdrawn in any combination with the Elk Creek Lodge Well No. 2. (d) Source: Elk Creek. (e) Uses: Domestic, irrigation, fire protection, and commercial. (f) Appropriation Date: April 30, 2006. (g) Remarks: This well will be located within 100 feet of and within the alluvium of Elk Creek and therefore is administered as a headgate well with no lagged depletions. 6.2 Elk Creek Lodge Well No. 2. (a) Location: This well is located in the SE¼ of the SE¼ of Section 23, Township 1 South, Range 92 West, 6th P.M., more specifically 50 feet from the South section line and 1,250 feet from the East section line of said Section 23, as shown on Exhibit A. (b) Amount: 25 gpm, conditional. (c) Annual Volumetric Diversion Limit: 3.50 acre-feet, which represents a combined total that may be withdrawn in any combination with the Elk Creek Lodge Well No. 1. (d) Source. Elk Creek. (e) Uses: Domestic, irrigation, fire protection, and commercial. (f) Appropriation Date: April 30, 2006. (g) Well Permit No.: 60515-F. (h) Remarks: This well is located within 100 feet of and within the alluvium of Elk Creek and therefore is administered as a headgate well with no lagged depletions. 6.3 Mountain Community Well No. 1 (a) Location: This well is to be located in the SW¼ of the NW¼ of Section 36, Township 1 South, Range 92 West, 6th P.M., more specifically 3,524 feet from the South section line and 4,379 feet from the East section line of said Section 36, as shown on Exhibit A. (b) Amount: 100 gpm, conditional. (c) Annual Volumetric Diversion Limit: 10.20 acre-feet, which represents a combined total that may be withdrawn with the Mountain Community Well No. 2. (d) Source: Elk Creek. (e) Uses: Domestic and irrigation. (f) Appropriation Date: April 30, 2006. (g) Remarks: This well must be located within 100 feet and drilled into the alluvium of Elk Creek and if so, will be classified as a headgate well, which does not have lagged depletions. 6.4 Mountain Community Well No. 2. (a) Location: This well is to be located in the SW¼ of the NW¼ of Section 36, Township 1 South, Range 92 West, 6th P.M., more specifically 3,383 feet from the South section line and 4,360 feet from the East section line of said Section 36, as shown on Exhibit A. (b) Amount: 100 gpm, conditional. (c) Annual Volumetric Diversion Limit: 10.20

acre-feet, which represents a combined total that may be withdrawn with the Mountain Community Well No. 1. (d) Source: Elk Creek. (e) Uses: Domestic and irrigation. (f) Appropriation Date: April 30, 2006. (g) Remarks: This well must be located within 100 feet and drilled into the alluvium of Elk Creek and if so, will be classified as a headgate well, which does not have lagged depletions. 6.5 Bench Community Well No. 1. (a) Location: This well is to be located in the NW¼ of the SW¼ of Section 24, Township 1 South, Range 92 West, 6th P.M., at a point 1,796 feet from the South section line and 4,279 feet from the East section line of said Section 24, as shown on Exhibit A. (b) Amount: 100 gpm, conditional. (c) Annual Volumetric Diversion Limit: 4.76 acre-feet, which represents a combined total that may be withdrawn with the Bench Community Well No. 2. (d) Source: White River. (e) Uses: Domestic and irrigation. (f) Appropriation Date: April 30, 2006. (g) Remarks: This well must be located within 100 feet and drilled into the alluvium of the White River and if so, will be classified as a headgate well, which does not have lagged depletions. 6.6 Bench Community Well No. 2. (a) Location: This well is to be located in the NW¼ of the SW¼ of Section 24, Township 1 South, Range 92 West, 6th P.M., at a point 2,057 feet from the South section line and 4,019 feet from the East section line of said Section 24, as shown on Exhibit A. (b) Amount: 100 gpm, conditional. (c) Annual Volumetric Diversion Limit: 4.76 acre-feet, which represents a combined total that may be withdrawn with the Bench Community Well No. 1. (d) Source: White River. (e) Uses: Domestic and irrigation. (f) Appropriation Date: April 30, 2006. (g) Remarks: This well must be located within 100 feet and drilled into the alluvium of the White River and if so, will be classified as a headgate well, which does not have lagged depletions. 6.7 Elk Creek Equestrian Well. (a) Location: This well is located in the SW¼ of the SW¼ of Section 23, Township 1 South, Range 92 West, 6th P.M., more specifically 300 feet from the South section line and 600 feet from the West section line of said Section 23, as shown on Exhibit A. (b) Amount: 25 gpm, conditional. (c) Annual Volumetric Diversion Limit: 1.65 acre-feet. (d) Source: White River. (e) Uses: Domestic, irrigation, and commercial (stock watering and in-building use). (f) Appropriation Date: September 1, 2007. (g) Remarks: This well has been constructed and assigned Well Permit No. 66104-F, but will not be put to beneficial use until the Applicant completes the lagged depletion study required by paragraph 9(l) of the decree entered in Case No. 08CW42. 7. Claims to Make Water Rights Absolute: During the subject diligence period, the Applicant has diverted and beneficially used all or portions of the subject water rights. The relevant flow measurements are attached as Exhibit B. The water stored in the ponds can also be made absolute for all decreed purposes pursuant to C.R.S. § 37-92-301(4)(e). There were no calls on the White River during the subject diligence period to prevent the diversion and use of the subject water rights. Therefore, the Applicant seeks confirmation that the following water rights have been made absolute: (a) 7.16 cfs of the 12 cfs decreed to the Elk Creek Ditch, ECL Enlargement, for recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and to refresh the ECR Ponds. (b) The 2 cfs decreed to the Elk Creek Ditch No. 3, First Enlargement, for recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and to refresh the ECR Ponds. (c) The 3 cfs decreed to the Elk Creek Ditch No. 3, ECL Enlargement, for recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and to refresh the ECR Ponds. (d) The 15 cfs decreed to the Greenstreet Ditch Ext., ECL Enlargement, for recreation, wildlife watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and to refresh the ECR Ponds. (e) The 5 cfs decreed to the Nelson Ditch, ECL Enlargement, for recreation, wildlife

watering, fishery, fire protection, piscatorial (including fish rearing and private or commercial fishing), and to refresh ECR Ponds 6 and 7. (f) The 19.05 acre-feet decreed to ECR Pond No. 6 for augmentation purposes. This makes this storage water right absolute for all decreed purposes, as more particularly described in paragraph 4.1 above. (g) The 22.65 acre-feet decreed to ECR Pond No. 7 for augmentation purposes. This makes this storage water right absolute for all decreed purposes, as more particularly described in paragraph 4.2 above. (h) The 47.40 acre-feet decreed to ECR Pond No. 11 for augmentation purposes. This makes this storage water right absolute for all decreed purposes, as more particularly described in paragraph 4.3 above. (i) The 25 gpm decreed to the Elk Creek Lodge Well No. 2, for domestic, irrigation, fire protection, and commercial purposes. 8. Detailed outline of work done to complete project and apply water to beneficial use: In addition to the foregoing claims to make absolute based on the beneficial use of the water, the Applicant seeks a finding of reasonable diligence with regard to the remaining conditional portions of the subject water rights, or any portion not made absolute. As set forth in the decree entered in Case No. 08CW42, the subject water rights are all part of an integrated water system serving the Elk Creek Ranch. Accordingly, pursuant to C.R.S. §37-92-301(4)(b), in determining reasonable diligence in the development of the conditional water rights, work on one feature of the system shall be considered by the Court in finding that reasonable diligence has been shown in the development of water rights for all features of the system. Evidence of the Applicant’s diligence includes, but is not limited to, the following: (a) The Applicant hired Colorado River Engineering to design and locate measuring devices on the Elk Creek Ditch, Elk Creek Ditch No. 3, and Greenstreet Ditches, as well as work on a means to measure flows in Elk Creek. The cost of this work was approximately $2,025. (b) The Applicant spent approximately $2,200 on material for the weir plates. In addition, the Applicant spent approximately $4,900 for the construction, installation, and adjustments to the measuring devices. (c) The Applicant also purchased a pump for use with ECR Pond Nos. 6, 7, and 11, at a cost of approximately $6,600. (d) The Applicant also employs staff that worked approximately 150 hours each year on maintaining and monitoring headgates, ditches, and the ECR Ponds. This represents approximately $13,500 in labor expenses over the last six years. (e) The Applicant also monitors and records daily domestic water usage, which has an approximate cost of $1,890 during the last six years. (f) The Applicant also employs personnel to oversee the irrigation on Elk Creek Ranch, which represents approximately $57,600 in labor expenses during the subject diligence period. (g) In September of 2014, the Applicant undertook a stream enhancement project that included work on the headgates and diversion systems associated with the Greenstreet, Nelson, and Daum Ditches. This work was completed in 2015, and cost in excess of $800,000. (h)The Applicant also engaged legal counsel to advise on the water rights, terms of the decree entered in Case No. 08CW42, and related work at a cost of approximately $7,100 over the diligence period. The Applicant believes that it can and will complete the appropriation on the remaining conditional portions of the subject water rights within a reasonable time. 9. Name and address of the owner of the land on which the subject water rights are located: The subject water rights and related structures are located on land owned by the Applicant. (14 pages + exhibits)

2016CW3043 RIO BLANCO-Concerning the Application for water rights of Collins Mountain Ranch LLC, in flag creek, the white river, or its tributaries, in Rio Blanco county, Colorado. Name, mailing address, and telephone number of applicants: Collins Mountain Ranch LLC, c/o Tim Collins, 100 S. University Blvd. Unit 3, Denver, CO 80209. Direct all pleadings to Cynthia F. Covell, Andrea L. Benson, and Alyson K. Scott at Alperstein & Covell P.C., 1600 Broadway,

Suite 900, Denver, CO 80202. Structures: Applicant seeks water rights for the structures described below and shown on Figure 1. O’Toole Pond & Diversion: Legal Description: GPS Location: 13N 4432219.45m N 253555.62m E, NAD83. Amounts and Uses: O’Toole Pond: 5 acre-feet, conditional, with right to fill and re-fill continuously, for stock watering and wildlife habitat purposes.O’Toole Diversion: 0.375 cfs, conditional, diversion rate out of pond, for supplemental irrigation of 15 acres. Source: On-channel pond; spring and surface inflows tributary to Flag Creek, tributary to White River, including but not limited to the O’Toole Spring No. 1 and O’Toole Spring No. 2 described below in paragraphs 2(b) and 2(c). Appropriation Date: December 15, 2015, by onsite investigation into construction plans and uses. Dam Height: Less than 10 feet. O’Toole Spring No. 1: Legal Description: GPS Location: 13N 4432337m N 253586m E, NAD83. Amount and Uses: 20 gpm, absolute, for stock watering and wildlife habitat purposes; 20 gpm, conditional, for domestic uses and supplemental irrigation of 15 acres. Source: Developed spring in drainage tributary to Flag Creek, tributary to White River. Appropriation Dates: October 31, 2008, for stock watering and wildlife habitat purposes by construction of a collection system comprised of a buried pipe approximately three feet in diameter and seven feet deep for diversion of spring water and application to beneficial use; December 31, 2015, for domestic and irrigation purposes, by onsite investigation into construction plans and uses. O’Toole Spring No. 2: Legal Description: GPS Location 13N 4432263m N 253556m E, NAD83. Amount and Uses: 20 gpm, conditional, for stock watering, wildlife habitat, and supplemental irrigation of 15 acres. Source: Natural spring complex in drainage tributary to Flag Creek, tributary to White River. Appropriation Dates: December 31, 2015, for domestic and irrigation purposes, by onsite investigation into construction plans and uses. Horseshoe Pond: Legal Description: GPS Location: 13N 4431945m N 252845m E, NAD83. Amount and Uses: 1.5 acre-feet, conditional, with right to fill and re-fill continuously for stock watering and wildlife habitat purposes. Source: On channel pond. Spring and surface inflows tributary to Flag Creek, tributary to White River. Appropriation Dates: December 31, 2015, onsite investigation into construction plans and uses. Dam Height: Less than 10 feet. All structures described above, and the 15 acres of land that will be irrigated with certain structures described above, are located in T. 1 S, R. 93 W and T. 1 S, R. 94 W of the 6th P.M. in Rio Blanco County, and are depicted on Figure 1 attached hereto. The UTM coordinates (Zone 13, NAD 83) were determined with the use of a hand-held GPS device. Additional Information:The structures described in this application do not require well permits. They are either developed springs, naturally flowing springs, or ponds intended to avoid the interception of groundwater, and each fit within the exception to the definition of a well set forth at § 37-92-103(14)(b), C.R.S. To the extent any of the ponds are found to require well permits, Applicant will obtain well permits. Name and address of owner of land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: Applicant.

You are hereby notified that you will have until the last day of JANUARY, 2017 to file with the Water Court a Verified Statement of Opposition, setting forth facts as to why a certain Application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must be served on the Applicant or the Applicant’s Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is

$158.00, and should be sent to the Clerk of the Water Court, Division 6, 1955 Shield Dr. Unit 200, Steamboat Springs, CO 80487.

MARY ANN NINGERCLERK OF COURTROUTT COUNTY COMBINED COURTWATER DIVISION 6

/s/ Kristen Lande CurryDeputy Court Clerk