DIVISION 5 WATER COURT- JUNE 2017 RESUME

Transcription

1 DIVISION 5 WATER COURT- JUNE 2017 RESUME 1. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW7 MESA COUNTY SEEPAGE FROM OMID TRIBUTARY TO THE COLORADO RIVER. Sam Johnson; /8 Rd.; Palisade, CO (970) Johnson Drain, Johnson Waste, Johnson Upper Pond & Johnson Lower Pond- Application for Conditional Water Rights: Surface & Storage. Johnson Drain UTM: N Easting Z12. Amount: 0.25 c.f.s., conditional. Uses: fire protection, irrigation, livestock, recreation, wildlife storage in upper pond; Johnson Waste- UTM: N Easting Z12. Amount: 0.50 c.f.s., conditional. Uses: fire protection, irrigation, livestock, recreation, wildlife storage in lower pond; Johnson Upper Pond- UTM: E N Z12. Amount: 3.0 a.f., conditional. Uses: fire protection, irrigation, livestock, recreation and wildlife; Johnson Lower Pond- UTM: E N Z12. Amount: 5.0 a.f., conditional. Uses: fire protection, irrigation, livestock, recreation and wildlife. Appropriation for all structures: Mar. 31, PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW9 MESA COUNTY MUDDY GULCH TRIBUTARY TO PLATEAU CREEK TRIBUTARY TO THE COLORADO RIVER. Leal A. Julius, N. Ouray Ct., Collbran, CO (970) and Elizabeth Recks, N. Ouray Ct., Collbran, CO (970) Red Mountain Spring Application for Conditional Water Rights (Surface). UTM: N E Zone 13. Appropriation: Aug. 17, Amount: 4.5 g.p.m., conditional. Uses: domestic and lawn irrigation/water for nine (9) houses and three (3) sold lots. Owners of land on which structure is located: Laramie Energy, LLC, th St., Ste. 1400, Denver, CO and My Way Water HOA, P.O. Box 243, Collbran, CO PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW10 (10CW72) GRAND COUNTY TROUBLESOME CREEK TRIBUTARY TO THE COLORADO RIVER. Henricks Ranch, LLC; c/o Sandy Hill; 1167 County Road 2; Kremmling, CO (970) Birds Eye Ditch, Porphry Creek Ditch & Curry Spring No. 1 Application for Finding of Reasonable Diligence and to Make Absolute in Whole or in Part. Birds Eye Ditch- NE¼NE¼ of Sec. 19, T.4N, R.78W. of the 6 th P.M. 0 ft. from the north sec. line and 308 ft. from the east sec. line. Appropriation: Jun. 1, Amount: 2.0 c.f.s., conditional. Uses: irrigation of up to 80 acres (80 acres total combined with Porphry Creek Ditch) and hydroelectric power generation; Porphry Creek Ditch- NE¼SW¼ of Sec. 19, T.4N, R.78W. of the 6 th P.M. 2,237 ft. from the south sec. line and 2,175 ft. from the west sec. line. Appropriation: Jun. 1, Amount: 1.0 c.f.s., conditional. Uses: irrigation of up to 80 acres (80 acres total combined with Birds Eye Ditch) and hydroelectric power generation and Curry Spring No. 1 -SE¼NW¼ of Sec. 19, T.4N, R.78W. of the 6 th P.M. 2,620 ft. from the south sec. line and 2,072 ft. from the east sec. line. Appropriation: Sept. 30, 1963 (for domestic use inside one cabin and stockwatering) and Jun. 1, 2001 (for domestic use inside two additional cabins and irrigation of up to 1 acre.). Amount: c.f.s., absolute for domestic use in 1 cabin and stockwatering; conditional for domestic inside 2 additional cabins and irrigation of up to 1 acre/domestic uses inside 3 cabins limited to 5.0 g.p.m. for each. An outline of work completed during the diligence period is included in the application.

2 PAGE 2 4. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW3131 MESA COUNTY, UNNAMED TRIBUTARY TO COLORADO RIVER. Randy W. Peebles and Marilyn Dejarnatt Peebles, 2454 Broadway, Grand Junction, CO 81507, , rpeebles@live.com. Applicants attorney: Kirsten M. Kurath, #24649, WILLIAMS, TURNER & HOLMES, PC, 744 Horizon Ct., Ste. 115,Grand Junction, CO 81506, (970) , kmkurath@wth-law.com. Application to Make Surface Water Right Absolute. Structure: Peebles Pump and Pipeline, Original Decree: June 5, 2016, Case No. 2015CW3112, Garfield County Dist. Court, Water Div. No. 5, Subsequent Decrees: Not applicable. Legal Description: The point of diversion is located in Mesa County in the NE¼ SW¼ of Section 16, Township 1 South, Range 1 West, Ute Meridian, at a point approximately 1663 feet from the south section line and 2304 feet from the west section line of said Section 16. The UTM coordinates for this point are Northing: , Easting: ; Zone 13; meters; NAD 83. The coordinates set forth above are based on latitude and longitude coordinates obtained from a cell phone, converted to the above coordinates using Aquamap. See map attached to Application as Exhibit A. Source: Unnamed tributary to the Colorado River. App. Date: October 1, 2015; Amount: 25 g.p.m. (0.056 c.f.s.); Uses: Irrigation, livestock watering and dust suppression purposes. These uses will all occur within the real property described on Exhibit B attached to the Application ( Applicants Property ). The areas identified on Exhibit C attached to the Application illustrate the general areas in which the irrigation and dust suppression uses will occur. The areas that will be irrigated on Applicants Property are the areas that will be served by the sprinklers in Zones 1 through 8 and in Zones 13 through 15. The water provided by the sprinklers in these zones will irrigate approximately 0.84 acres of lawns, gardens and landscaping in these areas. The proposed areas where dust suppression will occur are the equine practice and training arena, the stable/paddock area, and the horse stall area on Applicants Property. These are the areas that are served by the sprinklers in Zones 9 through 12, totaling approximately 0.59 acres. One important function of the dust suppression in these four zones is to prepare and maintain the footing material (prepared ground surface) in the equine practice arena and the stable/paddock area. Sprinkler Zones 9 through 12 will be used for dust suppression including without limitation moisture content preparation and maintenance in the footing material. Claim to Make Absolute: Date Water Applied to Beneficial Use: August 1, 2016: Dust Suppression and livestock watering; Amount: 25 g.p.m. (0.056 c.f.s.); April 1, 2017: Irrigation; Amount: 25 g.p.m. (0.056 c.f.s.). Supporting evidence water diverted in-priority and applied to beneficial uses in the amounts claimed: Applicants irrigation, pumping and pipeline system was installed and completed in the summer of The system was designed for and installed with a 3.0 hp pump and 2 PVC pipe. The pump and pipeline deliver water at the decreed rate of 25 g.p.m. (0.056 c.f.s.). Applicants began using the water for the decreed uses of dust suppression and livestock watering on August 1, 2016, and continue to use the water for these purposes. The Applicants began using the water for irrigation of all of the Applicants Property to be irrigated on April 1, 2017, and have continued to use the water for this purpose. There has been no call on the Colorado River below the point of diversion for the Peebles Pump and Pipeline since August 1, 2016, and, therefore, the Applicants diversion of the water for all claimed uses was in-priority. See Exhibit D CDSS Administrative Call Records attached to the Application. Description of Place of Use: Applicants irrigated approximately 0.84 acres of lawns, gardens and landscaping in Zones 1 through 8 and in Zones 13 through 15 as shown on Exhibit C. Applicants used the water for dust suppression in the equine practice and training arena, the stable/paddock area and the horse stall areas on Applicants Property. These are the areas that are served by the sprinklers in Zones 9 through 12 as shown on Exhibit C, totaling approximately 0.59 acres. Applicants used the water for livestock watering purposes in and around the equine practice and training arena, the stable/paddock area, and the horse stall areas on Applicants Property. Landowners. The point of diversion and place of use are located on land owned by the Applicants. Applicants request that the Court decree that the Peebles Pump and Pipeline water right, as described above, has been made absolute for the full decreed amount and for all decreed uses, that if the Court finds that the water right cannot be made absolute in whole as requested, the Court adjudge and decree that any remaining conditional portion of the water right be continued in full force and effect. (9 pages). 5. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES

3 PAGE 3 17CW3132 GARFIELD COUNTY; Amended Application for Findings of Reasonable Diligence; Applicant: Riverbend Water & Sewer Company, please direct all correspondence to Applicant s attorney: Mary Elizabeth Geiger, GARFIELD & HECHT, PC, 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970) , megeiger@garfieldhecht.com; Claim for Findings of Reasonable Diligence; Name of Structures: Riverbend Effluent Pond, Riverbend Well Nos. 1 through 5. Original Decree: Riverbend Effluent Pond: Case No. W-2126, July 23, 1974, Division 5 Water Court; Riverbend Well Nos. 1 through 5: Case No. W-2125, July 23, 1974, Division 5 Water Court. Subsequent Diligence Decrees: Riverbend Effluent Pond: Case No. W , Case No. 82CW69, Case No. 86CW164, Case No. 90CW64, Case No. 96CW73, Case No. 02CW229, and Case No. 10CW91.Riverbend Well Nos. 1 through 5: Case No. W , Case No. 82CW70, Case No. 86CW165, Case No. 90CW65, Case No. 96CW73, Case No. 02CW229, and Case No. 10CW191.Legal Descriptions: Riverbend Effluent Pond: at a point whence the Southwest Corner of Section 34, Township 5 South, Range 90 West, of the 6 th P.M. bears North West a distance of 1,200 feet. The dam will extend in a general northeasterly direction from the said abutment. It can also be described as: Northeast ¼ Southwest ¼ of Section 34, Township 5 South, Range 90 West of the 6 th P.M., 2,223 feet north of the South section line and 2,490 feet east of the West section line. See Exhibit A. Riverbend Well No. 1: at a point whence the Southwest Corner of Section 35, Township 5 South, Range 90 West of the 6 th P.M. bears South West a distance of 2,680 feet, also described as being in the Southwest ¼ Northwest ¼ of Section 35, Township 5 South, Range 90 West of the 6 th P.M. 2,657 feet north of the South section line and 380 feet east of the West section line. See Exhibit A. Riverbend Well No. 2: at a point whence the Southwest Corner of Section 35, Township 5 South, Range 90 West of the 6 th P.M. bears South West a distance of 2,600 feet, also described as being in the Southwest ¼ Northwest ¼ of Section 35, Township 5 South, Range 90 West of the 6 th P.M., 2,657 feet north of the South section line and 838 feet east of the West section line. See Exhibit A. Riverbend Well No. 3: at a point whence the Southwest Corner of Section 35, Township 5 South, Range 90 West of the 6 th P.M. bears South West a distance of 2,610 feet, also described as being in the Northwest ¼ Southwest ¼ of Section 35, Township 5 South, Range 90 West of the 6 th P.M. 2,517 feet north of the South section line and 851 feet east of the West section line. See Exhibit A. Riverbend Well No. 4: at a point whence the Southwest Corner of Section 35, Township 5 South, Range 90 West of the 6 th P.M. bears South West a distance of 2,500 feet, also described as being in the Northwest ¼ Southwest ¼ of Section 35, Township 5 South, Range 90 West of the 6 th P.M., 2,591 feet north of the South section line and 1,048 feet east of the West section line. See Exhibit A. Riverbend Well No. 5: at a point whence the Southwest Corner of Section 35, Township 5 South, Range 90 West of the 6 th P.M. bears South West a distance of 2,675 feet, also described as being in the Northwest ¼ of the Southwest ¼ of Section 35, Township 5 South, Range 90 West of the 6 th P.M. 2,512 feet north of the South section line and 1,205 feet east of the West section line. Source: Alluvium tributary to the Colorado River. Date of Appropriation: June 1, Amounts: Riverbend Effluent Pond: 97.5 acre-feet, conditional. Riverbend Well Nos. 1, 2 and 5: 0.67 c.f.s., conditional. All 5 wells are cumulatively limited to 340 acre feet per year. Riverbend Well No. 3: 0.23 c.f.s., conditional (in Case No. W , the Court decreed 0.44 c.f.s. absolute for all beneficial uses). All 5 wells are cumulatively limited to 340 acre feet per year. Riverbend Well No. 4: c.f.s., conditional (in Case No. 10CW91, the Court decreed c.f.s. absolute for all beneficial uses). Well Depths: Riverbend Well No. 1: 43 feet. Riverbend Well No. 2: 58 feet. Riverbend Well No. 3: 61 feet. Riverbend Well No. 4: 49 feet. Riverbend Well No. 5: 54 feet. Decreed Uses: Riverbend Effluent Pond: domestic, municipal (including commercial, industrial, individual irrigation), irrigation, fish and wildlife propagation, and recreational purposes, specifically including the re-use of said water for these purposes. Riverbend Well Nos. 1, 2, 3, 4 and 5: municipal purposes (including commercial, industrial, domestic, irrigation incidental thereto, and sewage treatment), irrigation, recreation and fish and wildlife propagation, including storage for each of these purposes. Owner of land upon which wells are decreed to be located: NCIG Financial, Inc., c/o Polton, 8717 Delgany Ave., #215, Playa del Ray, CA 90293; Owner of land upon which effluent pond is decreed to be located: Applicant. The Application includes a detailed outline of the work performed by Applicant toward the development of the subject water rights and application to beneficial use. 6. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3133 EAGLE COUNTY. Application for Findings of Reasonable Diligence; Applicant: The Fulford Association, please direct all correspondence to Applicant s attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, Colorado 81601, (970) , megeiger@garfieldhehct.com; Name of Structure: Fulford Fire Cistern and Pipeline Information from prior decrees: Original decree: Case No. 03CW286, District Court in and for Water Division No. 5, entered on

4 PAGE 4 August 6, Subsequent diligence findings: Case No. 10CW210. Legal description of point of diversion: Southeast 1/4 Southwest 1/4, Section 24, Township 6 South, Range 83 West, 6th P.M., Eagle County, Colorado, at a point located 1400 feet from the West Section line and 650 feet from the South Section line of said Section 24. The elevation at the point of diversion is See Exhibit A. Source: Nolan Creek, Tributary to Eagle River. Date of initiation of appropriation: September 1, 2001; Amount: 2.0 cfs, conditional. Proposed use: fire protection. The water will be diverted and held in a storage tank for fire protection purposes. A direct flow may also be used in the event of a fire. Name and address of owner of land on which point of diversion is located: U.S.F.S. White River National Forest, 900 Grand Ave., Glenwood Springs, The Application includes a detailed outline of the work performed during the diligence period toward the application of the water right to beneficial use. The subject water rights comprise a component of the integrated water supply system for the Townsite of Fulford, along with Fulford Spring Nos. 1, 2 and 3, decreed by this Court in Case No. W-1780 and 93CW PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3134 GRAND COUNTY - FRASER RIVER. Spring Branch Augmentation Association, c/o Brent Quinn, PO Box 994, Winter Park, Colorado 80482, , c/o Stanley W. Cazier, Cazier & McGowan, P.O. Box 500, Granby, CO 80446, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR EXCHANGE. Names and Locations of Structures to be Augmented: Spring Branch Development Exchange, Spring Branch Wells No. 1-9; SE1/4 of the SW1/4, Section 22, T1S, R76W, 6th P.M. and the NE1/4 of the NW1/4 of Section 27 in Grand County. Original Decree: October 17, 1997; Case No. 97CW56; Water Division No. 5. Source of Water: Ground water from unconsolidated sand and gravel, and from bedrock sandstones, hydraulically connected to Spring Branch Creek, tributary to Crooked Creek, tributary to the Fraser River. Type of Use: Domestic, irrigation, stock watering. Depth of Each Well: Unknown. Appropriation Date: July 10, There are no water rights decreed for wells. Amount of Water Claimed for Each Well: Maximum pumping rate of 15 gpm each well and 0.92 ac-ft of depletions for exchange. Source of Exchange Water: The Middle Park Water Conservancy District has approved a Water Allotment Contract to provide Applicants the right to an annual entitlement of 1.0 ac-ft of Windy Gap water placed in storage in Granby Reservoir or as an alternative, Applicants may use a portion of Wolford Mountain Reservoir storage right adjudicated in Case No. 87CW283. Additional Information: The original application was for augmentation including exchange to wells involving Granby Reservoir and Wolford Mountain Reservoir under a contract with Middle Park Water Conservancy District. The application contains a detailed list of work done by applicant. (19 pages) 8. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3135 GRAND COUNTY WATER DIVISION NO. 5 (1) River Pines at Shadow Mountain Lake Joint Venture, c/o Mr. J. Andrew Billipp, 6925 Portwest Dr., Suite 130, Houston, TX 77024, (713) (2) c/o Stanley W. Cazier, Cazier & McGowan, Box 500, Granby, Colorado 80446, (970) (3) Structures: WHC Wells 1-3 & Exchange. (4) Previous Cases: 96CW50, 00CW72, 02CW312 and 10CW86. (5) Application for Finding of Diligence. (6) Source: Grandwater tributary to the Colorado River. (7) Location: (a) WHC Well No. 1: NE1/4SW1/4, Sec 13, T3N, R76W, 6 th P.M., 1901 feet from the South line and 1334 feet from the West line. (b) WHC Well No. 2: NE1/4SW1/4, Sec 13, T3N, R76W, 6 th P.M., 2034 feet from the South line and 1359 feet from the West line. (c) WHC Well No. 3: NW1/4SW1/4, Sec 13, T3N, R76W, 6 th P.M., 1900 feet from the South line and 1225 feet from the West line. (8) Use: Commercial, domestic, irrigation and fire protection. (9) Quantity: 30 gpm for WHC Well No. 1 and WHC Well No. 2 for domestic, irrigation and fire protection purposes and 15 gpm for commercial purposes and WHC Well No. 3, 30 gpm for

5 PAGE 5 commercial, domestic, irrigation and fire protection purposes. All conditional and 3.0 af/yr for conditional exchange, (10) Depth of Wells: (a) WHC Well No. 1: 110, (b) WHC Well No. 2: 110, and (c) WHC Well No. 3: 300. (11) Exchange Water: Windy Gap or Wolford Mountain water pursuant to Water Allotment Contract with Middle Park Water Conservancy District. (12) Exchange Reach: Confluence of the Muddy River with the Colorado River in the NW1/4NE1/4 of Sec 19, T1N, R80W, 6 th P.M., (13) Application Summary: (a) Conditional Exchange: Applicant claims diligence on the conditional exchange awarded in 96CW50, as amended by 00CW72. (b) Conditional Water Rights: Applicant claims diligence on the conditional water rights awarded WHC Wells 1, 2 and 3 in 10CW86 and 96CW50. In 00CW72, Applicant was granted the right to operate WHC Wells No. 1-3 for commercial, domestic, irrigation and fire protection purposes. Appropriation Dates: January 10, 1996, March 7, 2001 and April 12, 2001 for Wells and Exchange. Application contains details of Well Decrees and Exchange and details activities to put water rights to beneficial use. (48 pages) 9. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3136 GRAND COUNTY, COLORADO RIVER, Middle Park Water Conservancy District, PO Box 145, Granby, CO 80446, Stanley W. Cazier, P.O. Box 500, Granby, Colorado, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure: Troublesome Project (described in Exhibit A). Drainage Basins: Troublesome, East Fork Troublesome, Monument Creeks, tributary of the Colorado River. Type of Use: Irrigation, Municipal, Industrial, Recreation, Fishery, Domestic, Livestock. Location: See Exhibit A. Type of Structure: See Exhibit A. Quantity: See Exhibit A. See Exhibit A below and Table 1 to Application for further decretal information. Provide a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. The Application contains a detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use as conditionally decreed, including money expended during the diligence period (46 pages). EXHIBIT A NAME OF STRUCTURE TROUBLESO ME PROJECT Haypark Reservoir Haypark Canal Headgate 1 & 2 Kirtz Ditch No. 2 Enlargement ORIGINA L DECREE 09/05/64 Grand Dist. 09/05/64 Grand Dist. 09/05/64 Grand Dist. APPROPRIATI ON DATE CASE NO. 08/05/1959 C.A /05/1959 C.A /05/1959 C.A. 946 LOCATION Sec, 22, 27, 28, 33,34, T3N, R79W, 6 th P.M. 1) NW Cor. of Sec. 4, T2N, R79W, bears S42º 57'E for 1,344.4' 2) NW Cor. of Sec. 4, T2N,R79W, bears S77º 34'E for 3,549.2' N1/4 Cor. Sec. 26, T3N, R80W, bears N58º 15'W for 2,350.8' AMOUNT 20,115.9 ac-ft (Conditional) 145 cfs (conditional) (Alternate point for 45 cfs (absolute) at East Fork Ditch Headgate) (Alternate point for 30 cfs (absolute) at East Fork Ditch Headgate) cfs (conditional)

6 Kremmling Canal 09/05/64 Grand Dist. 08/05/1959 C.A. 946 NW Cor. Sec. 18, T2N, R79W, bears N64º 37'E for 1,621.5' 35 cfs (conditional) JUNE 2017 RESUME PAGE PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3137 MESA COUNTY. Application to Make Absolute and/or for Findings of Reasonable Diligence; Name of Applicant: Jennifer and Josh Rupert; Please direct all correspondence to Applicants attorney: Mary Elizabeth Geiger, GARFIELD & HECHT, PC, 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601; Applicants request that the following water right be made absolute: Name of Structure: Jack s Spring. Original Decree: Case No. 10CW10, District Court in and for Water Division No. 5, entered June 27, Legal Description: Northeast ¼ Southwest ¼ of Section 31, Township 10 South, Range 96 West of the Sixth Principal Meridian; 2,168.6 feet from the south section line and 2,421.9 feet from the west section line. Source: Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River. Date of Appropriation: November 1, Amount: 14.7 g.p.m. Decreed Uses: irrigation, fire protection and livestock watering. Irrigated acreage: 8 acres Legal description of land to be irrigated: Portions of the Northeast ¼ Southwest ¼ of Section 31, Township 10 South, Range 96 West of the Sixth Principal Meridian. Date applied to beneficial use: February 1, Amount applied to beneficial use: 14.7 g.p.m. for all decreed uses. Owner of land upon which point of diversion is located: Applicants. The Application includes a detailed description of the work performed during the diligence period to apply the water rights decreed to Jack s Spring to beneficial use for all amounts and purposes (4 pages). 11. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3138 GRAND COUNTY. SKUNK CREEK, TRIB. TO POLE CREEK, TRIB. TO CROOKED CREEK, TRIB. TO FRASER RIVER, TRIB. TO COLORADO RIVER. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART. Applicant: Todd Kamin, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; Structure: Lurye Reservoir. Original Decree: Case No. 03CW299, 8/6/2004 in Water Division No. 5. Subsequent Decrees Awarding Findings of Diligence: Case No. 10CW214, 6/13/2011, Water Division No. 5. Legal Descriptions: The dam is located in the SE1/4 SE1/4 of Sec. 3, T. 1 S., R. 76 W. of the 6 th P.M. The respective center point of the dam is located approximately 600 feet from the S. line of said Sec. 3 and 40 feet from the E. line of said Sec. 3. A map showing the location of the Lurye Reservoir is attached hereto as Exhibit A. Amt.: 3.0 AF, cond. Uses: Rec., wildlife, pisc., irr., firefighting, dom. (including, without limitation, dom. animal watering, vehicle cleaning and supplemental household water). Approp. Date: Rec., wildlife watering and firefighting. uses: 7/31/1965. Pisc., dom. and irr. uses: 12/30/1997. A complete list of diligence activities and expenditures is on file with this court. Applicant is the owner of the land upon which structure is located. Claim to Make Cond. Water Right Absolute in Part. Structure: Lurye Reservoir. Date of Beneficial Use: 4/12/2016 Lurye Reservoir achieved a fill in priority. Amt. and Uses Claimed as Absolute: 0.7 AF for rec., wildlife, pisc., irr., firefighting, and dom. (including, without limitation, dom. animal watering, vehicle cleaning and supplemental household water) purposes. A capacity survey prepared by Rocky Mountain Surveyors is attached as Exhibit B. (7 pgs).

7 PAGE PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3139 GARFIELD COUNTY, CATTLE CREEK TRIBUTARY TO ROARING FORK RIVER Roger and Amelia Eshelman, c/o Corona Water Law, Craig V. Corona, Esq., 420 E. Main Street, Suite 210B, Aspen, CO 81611, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Structure: Bobcat Ridge Estates Well No. 7 (Well Permit No , expired). Original Decree: June 23, 2011, Case No. 08CW12. Decreed Legal Description: NWSW Section 12, T7S, R88W, 6 th P.M., 1,650 feet from south line and 950 feet from west line of said Section; Lot 7, Cottonwood Hollow Subdivision, Amended Plat, Reception No Map on file. Decreed source: alluvium tributary to Cattle Creek. Appropriation date: October 20, Decreed amount: c.f.s (5 g.p.m.). Use: Domestic in-house use in one single family dwelling. Decreed Depth: Approximately 35 feet. Diligence activities on file with court. Applicants own the land on which the well is located and on which it will be used. cc@craigcoronalaw.com for copies of application and exhibits. 13. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3140-GARFIELD COUNTY-APPLICATION FOR FINDING OF DILIGENCE. Applicant Douglas Cerise Ranch Co. c/o The Sloan Law Firm, 76 S. Main St., Ste. 1, Moab, UT Decreed Water Right ( WR ) for which Change is Sought/Name of Structure: Cerise Pond No. 1, as to 50% interest, Douglas Cerise Well No. 1, as to a 100% interest. Date of original/subsequent decrees: 04/11/1988, Case No. 86CW008, Water Div. 5, as amended on 10/18/1999, Case No. 98CW0278, Water Div. 5; 07/13/1995, Case No. 94CW188, Water Div. 5; 07/30/2003, Case No. 01CW174, Water Div. 5; 06/23/2011, Case No. 09CW57, Water Div. 5. Legal Descript. of Structures: Cerise Pond No. 1 (headgate of outlet): Sec.4, T7S R88W of 6PM, 800 ft from E Sec. Line and 1,500 ft from N Sec. Line of said Sec. 24. Cerise Well No. 1 (point of diversion): NE¼ NE¼, Sec. 24, T7S R88 of 6PM, 100 ft from E Section Line and 100 ft from N Sec. Line of said Sec. 24. Source: Cerise Pond No. 1: C&M Ditch, which diverts from Cattle Cr., tributary. to Roaring Fork R., trib. to Colorado R.; Cerise Well No. 1: Groundwater, tributary to Cattle Cr., trib. to Roaring Fork R., trib. to Colorado R. Appropriation Date: 10/01/1985. Amt: Cerise Pond No. 1: 2.22 AF, conditional; Cerise Well No. 1: 25 gpm (0.056 cfs), conditional. Use: Cerise Pond No. 1: Storage, Augmentation for Commercial, Domestic, and Livestock Uses, and Fill/Refill during historical irrig. season from May to Sept. each year; Cerise Well No. 1: Commercial, Domestic, and Livestock Uses. See Exh. A, WR Location Map, on file with the Court. Comments: WRs are part of Aug. Plan decreed in Case No. 86CW08, which provides supply of water for proposed dev t of up to 75 single-family dwelling units, a 4,000-sq. ft restaurant, a health spa for 125 persons/day, a hospitality center with 5 employees, and an equestrian center for 15 horses. Depth of Douglas Cerise Well No. 1: 175 ft. Provide a detailed outline of what has been done toward completion of appropriation and application of water to a beneficial use: Full description of Applicant s diligence and WR development, including the amounts expended for the same, with documentation contained in Exhs. B through I, is on file with the Court. Names and address of owner of land upon which structures located: Applicant.

8 PAGE 8 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: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, 14. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3141 (10CW266, 03CW185, 96CW175) GRAND COUNTY. Applicants, the Fraser Valley Metropolitan Recreation District ( FVMRD ), c/o Scott Ledin, Director, P.O. Box 3348, Winter Park, CO 80482; and The Fairways at Pole Creek Homeowners Association, Inc. (the HOA ), c/o Stephanie Thompson, Alderwood Colorado Management, P.O. Box 3608, Winter Park, CO Attorneys for Applicants: David F. Bower, Michael S. Davidson, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304, Telephone: (303) APPLICATION TO MAKE WATER RIGHTS ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. Overview. Applicants seek to make absolute certain water rights originally decreed in Case No. 96CW175, and request a finding of reasonable diligence with respect to the remainder of the water rights decreed therein that have not been made absolute. The water rights that are the subject of this application are part of the plan for augmentation for the The Fairways at Pole Creek residential development and the Ridge 9 course of the Pole Creek Golf Course, all located in Sections 4 and 5, Township 1 South, Range 76 West of the 6th P.M., Grand County, Colorado. A map depicting the location of the subject water rights is attached hereto as Exhibit A. Original and Subsequent Decrees. The original decree for the subject water rights was entered on August 27, 1997, in Case No. 96CW175. A portion of the rights were made absolute and the remainder were continued as conditional by the decree entered on October 29, 2004, in Case No. 03CW185. All of the water rights not made absolute in Case No. 03CW185 were continued as conditional by the decree entered on June 23, 2011, in Case No. 10CW266. Description of Water Storage Rights. Names and Locations of Structures. Pole Creek Golf Course Pond No. 1. SE1/4 of the NE1/4 of Section 5, Township 1 South, Range 76 West of the 6th P.M., at a point 2170 feet from the North section line and 830 feet from the East section line of said Section 5. Pole Creek Golf Course Pond No. 2. SW1/4 of the NE1/4 of Section 5, Township 1 South, Range 76 West of the 6th P.M., at a point 1980 feet from the North section line and 1350 feet from the East section line of said Section 5. Pole Creek Golf Course Pond No. 3. NW1/4 of the NE1/4 of Section 5, Township 1 South, Range 76 West of the 6th P.M. at a point 1340 feet from the North section line and 1850 feet from the East section line of said Section 5. Sources. Natural surface drainage tributary to Fisher Creek, tributary to Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River; and Pole Creek (via Pole Creek Diversion Nos. 1-4), tributary to Crooked Creek, tributary to the Fraser River, tributary to the Colorado River. Appropriation Date. January 15, Amounts and Uses. Pole Creek Golf Course Pond No acre-feet, with the right to fill and refill. Of this, 2.55 acre-feet is absolute for irrigation, recreational, piscatorial, and fish and wildlife propagation uses, 2.45 acre-feet is conditional for irrigation, recreational, piscatorial, and fish and wildlife propagation uses, and 5.0 acre-feet is conditional for domestic, street cleaning, replacement of reservoir evaporation, fire protection, and augmentation and exchange uses. Pole Creek Golf Course Pond No acre-feet, with the right to fill and refill. Of this, 3.10 acre-feet is absolute for irrigation, recreational, piscatorial, and fish and wildlife propagation uses, 1.90 acre-feet is conditional for irrigation, recreational, piscatorial, and fish and wildlife propagation uses, and 5.0 acre-feet is conditional for domestic, street cleaning, replacement of reservoir evaporation, fire protection, and augmentation and exchange uses. Pole Creek Golf Course Pond No acre-feet, with the right to fill and refill. Of this, 0.92 acre-feet is absolute for irrigation, recreational, piscatorial, and fish and wildlife propagation uses, 4.08 acre-feet is conditional for irrigation, recreational, piscatorial, and fish and wildlife propagation uses, and 5.0 acre-feet is conditional for domestic, street cleaning, replacement of reservoir evaporation, fire protection, and augmentation and exchange uses. Description of Surface Water Rights. Names and Locations of Structures. Pole Creek Diversion No. 1. SE1/4 of the SE1/4 of Section 5, Township 1 South, Range 76 West of the 6th P.M., from which the SE corner of said Section 5 bears South East a distance of feet. Pole Creek Diversion No. 2. SW1/4 of the SW1/4 of Section 4, Township 1 South, Range 76 West of the 6th P.M., from which the SW corner of said Section 4 bears South West a distance of feet. Pole Creek Diversion No. 3. SE1/4 of the SW1/4 of Section 4, Township 1 South, Range 76 West of the 6th P.M., from which the SW corner of said Section 4 bears South West a distance of feet. Pole Creek Diversion No. 4. SE1/4 of the SE1/4 of Section 4, Township 1 South, Range 76 West of the 6th P.M., from which the SE

9 PAGE 9 corner of said Section 4 bears South East a distance of feet. Source. Pole Creek, tributary to Crooked Creek, tributary to the Fraser River, tributary to the Colorado River. Appropriation Date. January 15, Amounts and Uses. Pole Creek Diversion No cfs, conditional, for irrigation, domestic, street cleaning, recreational, piscatorial, fish and wildlife propagation, replacement of reservoir evaporation, fire protection, and augmentation and exchange uses. Pole Creek Diversion Nos cfs, absolute, each, for irrigation, recreational, piscatorial, and fish and wildlife propagation, and 5.0 cfs, conditional, each, for domestic, street cleaning, replacement of reservoir evaporation, fire protection, and augmentation and exchange uses. Description of Groundwater Rights. Names and Locations of Structures. Nonresidential Well No. 1. SW1/4 of the NE1/4 of Section 4, Township 1 South, Range 76 West of the 6th P.M., from the East 1/4 Corner of said section bearing North 44 West 2130 feet. Nonresidential Well No. 2. SW1/4 of the NW1/4 of Section 4, Township 1 South, Range 76 West of the 6th P.M., from the East 1/4 Corner of said section bearing North 70 West 4800 feet. Nonresidential Well No. 3. SE1/4 of the NE1/4 of Section 5, Township 1 South, Range 76 West of the 6th P.M., from the East 1/4 Corner of Section 4 bearing North 71 West 6330 feet. Nonresidential Well No. 4. NE1/4 of the SE1/4 of Section 5, Township 1 South, Range 76 West of the 6th P.M., from the East 1/4 Corner of Section 4 bearing North 85 West 6490 feet. Nonresidential Well No. 5. SW1/4 of the SE1/4 of Section 4, Township 1 South, Range 76 West of the 6th P.M., from the East 1/4 Corner of said section bearing South 67 West 2730 feet. Nonresidential Well No. 6. SW1/4 of the SW1/4 of Section 4, Township 1 South, Range 76 West of the 6th P.M., from the East 1/4 Corner of said section bearing South 81 West 4420 feet. Nonresidential Well No. 7. SE1/4 of the SE1/4 of Section 5, Township 1 South, Range 76 West of the 6th P.M., from the East 1/4 Corner of Section 4 bearing South 83 West 6300 feet. Source. Nonresidential Well Nos. 1, 2, and 4 7. Ground water tributary to Pole Creek, tributary to Crooked Creek, tributary to the Fraser River, tributary to the Colorado River. Nonresidential Well No. 3. Ground water tributary to Fisher Creek, tributary to Ten Mile Creek, tributary to the Fraser River, tributary to the Colorado River. Appropriation Date. January 15, Amounts and Uses. 50 gpm, conditional, each, for irrigation, domestic, street cleaning, recreational, piscatorial, fish and wildlife propagation, replacement of reservoir evaporation, fire protection, and augmentation and exchange. Description of Appropriative Right of Exchange. Name of Exchange. Just No. 2 Ditch/Gaylord Reservoir Exchange. Exchange Reach. The exchange reach is from the Just No. 2 Ditch headgate upstream (i) to an unnamed tributary of Pole Creek and then up such unnamed tributary to Gaylord Reservoir, and/or (ii) to the Gaylord Reservoir Feeder Ditch to be constructed on Pole Creek (as described in the decree entered in Case No. 86CW66) and then up such feeder ditch to Gaylord Reservoir. Lower Terminus (Exchange-from Point). The Just No. 2 Ditch headgate, located on the North bank of Pole Creek approximately 200 feet east of the West line and 850 feet north of the South line of Section 5, Township 1 South, Range 76 West of the 6th P.M. Upper Termini (Exchange-to Points). Gaylord Reservoir, located in the NW1/4 and in Lots 1 and 2 of Section 7, Township 1 South, Range 76 West of the 6th P.M. Gaylord Reservoir Feeder Ditch, located in the NE1/4 of the NE1/4 of Section 12, Township 1 South, Range 76 West of the 6th P.M., at a point 1150 feet west of the East line and 700 feet south of the North line of Section 12. Water Rights to be Exchanged. Applicants entitlement of Pole Creek depletion credits associated with the Just No. 2 Ditch water right, as quantified by the decree entered in Case No. 96CW175. Appropriation Date. January 15, Amount and Use. Up to 1.2 cfs, to fill Gaylord Reservoir. Claim to Make Water Rights Absolute Storage Water Rights. During May 2017, FVMRD emptied and then stored water in-priority under the rights decreed to the Pole Creek Golf Course Pond Nos. 1 3, for all the decreed beneficial uses for those reservoirs, in the amounts of 2.55 acre-feet, 3.10 acre-feet, and 5.0 acre-feet, respectively. An engineering report evidencing that the subject rights have been made absolute in these amounts and for these uses, prepared by Applicants water resources consultants, Bishop-Brogden Associates, Inc., is attached hereto as Exhibit B. Accordingly, and pursuant to C.R.S (4)(a) which recognizes impoundment of water for any purpose for which an appropriation is lawfully made as a beneficial use, Applicants request that the following rights be confirmed as absolute: the Pole Creek Golf Course No. 1 has been made absolute in the amount of 2.55 acre-feet for domestic, street cleaning, replacement of reservoir evaporation, fire protection, and augmentation and exchange uses; the Pole Creek Golf Course No. 2 has been made absolute in the amount of 3.10 acre-feet for domestic, street cleaning, replacement of reservoir evaporation, fire protection, and augmentation and exchange uses; and the Pole Creek Golf Course No. 3 has been made absolute for an additional 4.08 acre-feet for irrigation, recreational, piscatorial, and fish and wildlife propagation uses, and 5.0 acrefeet for domestic, street cleaning, replacement of reservoir evaporation, fire protection, and augmentation and exchange uses. Claim to Make Water Right Absolute Surface Water Right. During May of 2017, FVMRD diverted water in-priority under the right decreed to the Pole Creek Diversion No. 1 to fill the Pole Creek Golf Course Pond Nos. 1 3, for irrigation, recreational, piscatorial, and fish and wildlife propagation uses, in the amount of 5.0 cfs, as also discussed in the engineering report prepared by Bishop- Brogden Associates, Inc., attached hereto as Exhibit B. Accordingly, Applicants request that the Pole Creek Diversion No. 1 be made absolute for 5.0 cfs for irrigation, recreational, piscatorial, and fish and wildlife propagation uses. Claim to Make Water Rights Absolute Groundwater Right. Nonresidential Well No. 1 was installed in 1997, and has been used to irrigate approximately 30,000 square feet of landscaping near the entrance of the development since that time. This well was originally permitted under Permit No On March 27, 2017, the HOA filed a permit application with the Division of Water Resources (Receipt No ) to repermit the well pursuant to the decree entered in Case No. 96CW175. As of the date of this application, the well permit application is still pending approval. On June 5, 2017, while the application has been pending before the Division of Water Resources, a flow rate of 14 gpm was measured at the well, as also discussed in the engineering report prepared by Bishop-Brogden Associates, Inc., attached hereto as Exhibit B. While the permit is pending, the well continues to be used for its decreed landscaping and irrigation uses. Accordingly, Applicants request that the Nonresidential Well No. 1 be made absolute for 14 gpm for irrigation use. Claim for Finding of Reasonable Diligence. Applicants seek to continue as conditional the remainder of the water rights decreed in Case No.

10 PAGE 10 96CW175 which have not yet been made absolute. Applicants also request that any water rights not recognized as absolute in this matter be continued. During the subject diligence period, the following activities have been performed to put the subject water rights to beneficial use: The Fairways at Pole Creek residential development is not fully built out. There is a total of 85 homes completed in the development, and there are two more that are currently under construction. Additionally, the developer of Fairways at Pole Creek continues to market and sell lots. As the development continues towards completion, the subject water rights will continue to be developed for their full conditionally decreed amounts and uses. Applicants have also undertaken extensive water rights specific planning and development efforts. In March of 2017, Applicants and their water resources consultants met to discuss long-term buildout of the development and operations under the plan for augmentation approved in Case No. 96CW175 generally. Applicants have also had long-term cost sharing agreements drafted, which will set forth the terms and conditions under which they collectively operate and pay for use of certain replacement supplies that are the subject of the plan for augmentation approved in Case No. 96CW175. In addition, FVMRD continues to incur costs maintaining and repairing the golf course generally. Besides these costs, FVMRD spent $10,460 on more efficient sprinkler heads and nozzles and another $9,636 for a pump that transfers water to the Ridge 9. FVMRD also installed a new headgate at the Pole Creek Diversion No. 3 for a cost of $8,874. All of these costs are specific to the water rights that are the subject of this application. FVMRD has made other improvements to the Ridge 9 at the Pole Creek Golf Course generally, including paving new paths at a cost of approximately $36,000. Each year, the HOA spends between $5,500 and $5,800 for maintenance of open space areas, including of the entry to the development, where Nonresidential Well No. 1 has been used. In addition, the HOA purchases flowers and hires a garden person to maintain the flower beds at a cost of approximately $2,500 to $3,000 per year. As discussed above, the HOA has also incurred time and expense in re-permitting Nonresidential Well No. 1. Applicants have also incurred legal and engineering fees associated maintaining and developing the subject conditional water rights, as well as monitoring other application in Division 5 that could potentially injure their interests. A detailed itemization of the expenditures incurred by Applicants during the subject diligence period can be provided upon request. Remarks. The water rights that are the subject of this diligence application are all component parts of an integrated water supply system pursuant to paragraph 12.B of the decree entered in Case No. 03CW185, and work on one feature of the system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system, pursuant to C.R.S (4)(b). Name and Address of Landowner upon which any New or Modified Diversion or Storage Structure is Located, Including any Modification to the Storage Pool. All of the structures are on land owned by FVMRD, except for the Nonresidential Well No. 1, which is on land owned by the HOA. 10 pages not including exhibits. 15. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3142 (10CW241) PITKIN COUNTY. TRIBUTARY TO CASTLE CREEK, TRIB. TO THE ROARING FORK RIVER. Application for Finding of Reasonable Diligence. Applicant: Castle Creek Valley Ranch Lot 15, LLC, 4400 Post Oak Parkway, #2150, Houston, TX 77027, c/o Nicole Garrimone-Campagna, Garfield & Hecht, P.C., 901 Grand Avenue, Suite 201, Glenwood Springs, CO 81601, (970) Name of structure: Mosher Well No. 2. Original Decree: Entered on September 3, 1987 in Case No. 86CW334 (2 of 2), District Court, Water Division No. 5. Subsequent Decrees: Subsequent decrees finding reasonable diligence were entered in Case Nos. 97CW159, 03CW293, and 10CW241. A change of legal description for the Mosher Well No. 2 was decreed in Case No. 97CW158. Legal Description: As changed, the Mosher Well No. 2 is located in the NW1/4 NE1/4 of Section 26, Township 10 South, Range 85 West of the 6 th P.M., at a point approximately 429 feet south of the North section line and 1,561 feet west of the East section line of said Section 26. A map depicting the approximate well location is attached to the Application as Exhibit A. Depth of well: 140 feet. Source: Well tributary to Queen s Gulch, tributary to Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Date of appropriation: October 3, Amount: c.f.s., conditional. Uses: Domestic inhouse use for a single-family dwelling and one-bedroom caretaker unit and stock watering for six head of livestock. Plan for augmentation: When it is operated out-of-priority, the Mosher Well No. 2 will be augmented pursuant to the plan for augmentation adjudicated in Case No. 86CW337. Integrated System. The water right for the Mosher Well No. 2 is part of an integrated water supply system to provide water to the Applicant s property. Pursuant to C.R.S (4)(b), work on any one feature of the water supply system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the system as a whole. Claim for Finding of Reasonable Diligence: The Application contains a detailed outline of what has been done toward or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures. Name and address of the owner or reputed owner of the land upon which any new diversion or storage structure, or

11 PAGE 11 modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. Applicant requests the Court to enter a decree finding and concluding that the Applicant has shown reasonable diligence in the development of the conditional water right for the Mosher Well No. 2 and continuing such conditional water right throughout the next diligence period. 16. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 17CW3143 (08CW179) EAGLE & SUMMIT COUNTIES ROARING FORK, FRYING PAN and BLUE RIVERS. Roaring Fork Land & Cattle Co., c/o Paul L. Noto, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Road, Ste. 2104A Aspen, CO (970) APPLICATION TO MAKE WATER RIGHTS ABSOLUTE. First Claim: Roaring Fork Land and Cattle Exchange. Date of original decree: June 28, Case No. 08CW179, Division 5 Water Court. Legal: Downstream Termini: Green Mountain Reservoir water: SE ¼ NW ¼ of Section 9, Township 6 South, Range 89 West of the 6 th P.M., at a point approximately 2200 feet from the North section line and 2350 feet from the West section line. Ruedi Reservoir and/or Troy and Edith Ditch water: SW ¼ SE ¼ of Section 7, Township 8 South, Range 86 West of the 6 th P.M., at a point approximately 647 feet from the South section line and 1475 feet west of the East section line. Robinson Ditch water: NW ¼ SE ¼ of Section 11, Township 8 South, Range 87 West of the 6 P.M., at a point approximately 2307 feet from the South section line and 2309 feet from the East section line. Upstream Termini: Willow Creek Ditch: SW ¼ NE ¼ of Section 21, Township 10 South, Range 85 West of the 6 th P.M., at a point approximately 2321 feet from the North section line and 1676 feet from the East section line. Herrick Ditch: NW ¼ NW ¼ of Section 33, Township 10 South, Range 85 West of the 6 th P.M., at a point approximately 658 feet from the North section line and 674 feet from the West section line. Source: BWCD water marketing supplies under Water Allotment Contract No. 566, and comprised of the following water rights: Green Mountain Reservoir: Source: Blue River, tributary to the Colorado River. Legal: NE ¼ SE ¼ of Section 15, Township 2 South, Range 80 West of the 6 th P.M., at a point approximately 2312 feet from the South section line and 992 feet from the East section line. UTM coordinates: Northing , Easting , Zone 13. Note: Distances from section lines and UTM coordinates were obtained from the Division of Water Resources CDSS database and/or Aquamap program. Adjudication date: October 12, Appropriation date: August 1, Case Nos.: Civil Action 2782, 5016, and 5017, U.S. District Court of Colorado; and Case No. 88CW022, Division 5 Water Court. Decreed amount: 154,645 acre-feet, with a refill right for 3,856 acre-feet absolute and 150,789 acre-feet conditional. 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. Ruedi Reservoir: Source: Frying Pan River, tributary to the Colorado River. Legal description: NW ¼ NW ¼ of Section 18, Township 8 South, Range 84 West, of the 6 th P.M., at a point approximately 324 feet from the North section line and 984 feet from the West section line (Eagle and Pitkin Counties). UTM coordinates: Northing , Easting , Zone 13. Note: Distances from section lines and UTM coordinates were obtained from the Division of Water Resources CDSS database and/or Aquamap program. Adjudication date: June 20, Appropriation date: July 29, Case No.: Civil Action 4613, Garfield County District Court. Decreed amount: 102,369 acre-feet (originally decreed for 140,697.3 acre-feet; reduced to 102,369 acre-feet in Case No. W , Division 5 Water Court). Decreed uses: Generation of electric energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering. Refill: In Case No. 81CW34, Ruedi Reservoir was decreed a refill right for 101,280 acre-feet conditional. In Case No. 95CW95, 44,509 acrefeet of the refill right was made absolute. In Case No. 01CW269, an additional 25,257 acre-feet of the refill right was made absolute, for a total of 69,766 acre-feet absolute. Troy Ditch and Edith Ditch water rights: Appropriation date: September 9, Rate: 0.04 c.f.s. conditional. Use: Exchange of water. Claim for absolute: Date applied to beneficial use: May 28, Amount: 0.04 c.f.s. STRUCT URE PRIORI TY COU RT CASE NO. ADJ DATE Troy /25/19 Ditch (1) 36 APP DATE 05/01/19 06 DECREE D AMOUN T (CFS) USE (4) AMOUNT SOLD, TRANSFERRED OR RESERVED AMOUNT REMAINI NG (10) (5) (6) (7) (8) (9) CFS A 5.10 I F N / A