DIVISION 5 WATER COURT-APRIL 2011 RESUME 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW48 GARFIELD COUNTY- BALDY CREEK, TRIBUTARY TO GARFIELD CREEK, TRIBUTARY TO THE COLORADO RIVER. Barry Stout; 2000 Baldy Creek; New Castle, CO 81647 (970)566-0818. Stout Ranch Diversion-Application for Water Rights (Surface). Location: NE¼NW¼ of Sec. 12, T.7S, R.91W. of the 6th P.M. Approx. 50 ft. from north sec. line and approx. 200 ft. from the west section line. Appropriation: Jan. 30, 2011. Amount: 1.0 cfs, absolute. Use: domestic and irrigation. Name and address of owner of land upon which diversion or structure is located: Division of Wildlife; 50633 U.S. Hwy. 6 & 24; Glenwood Springs, CO 81601. (6 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW49 EAGLE COUNTY. FRYING PAN RIVER. Castle Ridge CO, LLC, c/o Patrick, Miller & Kropf, P.C., Kevin L. Patrick, Esq. and Danielle M. Luber, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim for Finding of Reasonable Diligence: Name of structure: F/L Well No. 1. Type: Well. Applicant has applied for a new well permit and pursuant to U.L.R. Rule 3(e)(1) will supply the permit to the court as soon as practicable. Description of conditional water right: Date of original decree: July 24, 1992. Case Number: 90CW160, District Court, Water Division No. 5. Subsequent diligence decrees: 04CW54, April 7, 2005; 97CW240, May 29, 1998. Decreed legal description (see Exhibit A): A well situate 1,700 feet from the South Section line and 2,600 feet from the East Section line, Section 1, Township 8 South, Range 86 West of the 6th P.M. (NWSE)(Eagle County). Source: Frying Pan River, a tributary of the Roaring Fork River and its successor, the Colorado River. Appropriation date: July 18, 1990. Amount: 15 gpm (0.033 c.f.s.), conditional. Uses: Domestic, irrigation, stockwatering, and fire protection. Depth: Approximately 400 feet. An outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures was included with the Application. Applicant owns land on which the water rights are located and will be used. Second Claim for Finding of Reasonable Diligence: Name of structure: F/L Well No. 2. Type: Well. Applicant has applied for a new well permit and pursuant to U.L.R. Rule 3(e)(1) will supply the permit to the court as soon as practicable. Description of conditional water right: Date of original decree: July 24, 1992. Case Number: 90CW160, District Court, Water Division No. 5. Subsequent diligence decrees: 04CW54, April 7, 2005; 97CW240, May 29, 1998. Decreed legal description (see Exhibit A): A well situate 1,000 feet from the South Section line and 2,670 feet from the East Section line, Section 1, Township 8 South, Range 86 West of the 6th P.M. (SWSE)(Eagle County). Source: Frying Pan River, a tributary of the Roaring Fork River and its successor, the Colorado River. Appropriation date: July 18, 1990. Amount: 15 gpm (0.033 c.f.s.), conditional. Uses: Domestic, irrigation, stockwatering, and fire protection. Depth: Not drilled. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures was included with the application. Applicant owns land on which the water rights are located and will be used. Third Claim for Finding of Reasonable Diligence: Name of structure: F/L Well No. 3. Type: Well. Applicant has applied for a new well permit and pursuant to U.L.R. Rule 3(e)(1) will supply the permit to the court as soon as practicable. Description of conditional water right: Date of original decree: July 24, 1992. Case Number: 90CW160, District Court, Water Division No. 5. Subsequent diligence decrees: 04CW54, April 7, 2005; 97CW240, May 29, 1998. Decreed legal description (see Exhibit A): A well situate 450 feet from the South Section line and 2,650 feet from the East Section line, Section 1, Township 8 South, Range 86 West of the 6th P.M. (SWSE)(Eagle County). Source: Frying Pan River, a tributary of the Roaring Fork River and its successor, the Colorado River. Appropriation date: July 18, 1990. Amount: 15 gpm (0.033 c.f.s.), conditional. Uses: Domestic, irrigation, stockwatering, and fire protection. Depth: Not drilled. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures was included with the Application. Applicant owns land on which the water rights are located and will be used. Fourth Claim for Finding of Reasonable Diligence: Name of structure: F/L Well No. 4. Type: Well. Applicant has applied for a new well permit and pursuant to U.L.R. Rule 3(e)(1) will supply the permit to the court as soon as practicable. Description of conditional water right: Date of original decree: July 24, 1992. Case Number: 90CW160, District Court, Water Division No. 5. Subsequent diligence decrees: 04CW54, April 7, 2005; 97CW240, May 29, 1998. Decreed legal description (see Exhibit A): A well situate 50 feet from the North Section line and 2,600 feet from the East Section line, Section 12, Township 8 South, Range 86 West of the 6th P.M. (NWNE)(Eagle County). Source: Frying Pan River, a tributary of the Roaring Fork River and its successor, the Colorado River. Appropriation date: July 18, 1990. Amount: 15 gpm (0.033 c.f.s.), conditional. Uses: Domestic, irrigation, stockwatering, and fire protection. Depth: Not drilled. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures was included with the Application. Applicant owns land on which the water rights are located and will be used. (8 pgs.)

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YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW50 (02CW66) MESA COUNTY- UNNAMED CHANNEL TRIBUTARY TO PERSIGO WASH, TRIBUTARY TO THE COLORADO RIVER. Thomas A. Cronk & Patti J. Standard-Cronk; 1129 – 24 Road; Grand Junction, CO 81505 (970)245-0577. Cronk Property Seepage Draw-Application to Make Absolute. Location: NE¼SW¼ of Sec. 9, T.1N, R.1W. of the Ute P.M. 1,996.54 ft. from the south sec. line and 2,101.10 ft. from the west sec. line. Appropriation: Oct. 1, 2001 Amount: 1.0 cfs and 2.3 af, absolute. Use: wildlife habitat. An outline of work completed during the diligence period is included in the application. (15 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW51 PITKIN COUNTY. CONUNDRUM CREEK. Lucy B. Cookson, c/o Patrick, Miller & Kropf, P.C., Kevin L. Patrick, Esq. and Laura C. Makar, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION TO MAKE ABSOLUTE OR FOR FINDING OF REASONABLE DILIGENCE. First Claim to Make Absolute or for Finding of Reasonable Diligence: Name of structure: Farver Ditch. Type: Ditch. Description of conditional water rights: Date of original Decree: April 6, 2005. Case Number: 03CW17, District Court, Water Division No. 5. Decreed legal descriptions: The headgate of the Farver Ditch is located in the NE¼ of the SW¼ of Section 2, Township 11 South, Range 85 West of the 6th P.M., otherwise known as H.E.S. No. 112, Pitkin County, at a point approximately 2062 feet north of the South Section line and 2495 feet east of the West Section line of said Section 2. Source: Conundrum Creek, tributary to Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: June 12, 2002. Amount: 0.25 c.f.s., conditional, for delivery to storage in the Farver Pond, and subsequent piscatorial and irrigation use. Irrigation use shall be limited to 0.01 c.f.s. for irrigation of approximately 10,000 square feet of lawns and gardens. Uses: filling the Farver Pond and for piscatorial and irrigation use. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures is on file with the Court. Applicant owns land on which the water rights are located and will be used. Claim to make absolute. Date of water applied to beneficial use: November 16, 2008. Amount: 0.25 c.f.s. Use: Filling the Farver Pond and for piscatorial and irrigation use. Description of place of use where water is applied to beneficial use: 10,000 square feet within Applicant’s property, that portion of H.E.S. No. 12 situated in Township 10 and 11 South, Range 85 West of the Sixth P.M. Second Claim to Make Absolute or for Finding of Reasonable Diligence: Name of structure: Farver Pond. Type: Reservoir. Description of conditional water rights: Date of original Decree: April 6, 2005. Case Number: 03CW17, District Court, Water Division No. 5. Decreed legal descriptions: The centerline of the dam for the Farver Pond is located in the NE¼ of the SW¼ of Section 2, Township 11 South, Range 85 West of the 6th P.M., otherwise known as H.E.S. No. 112, Pitkin County, at a point approximately 1942 feet north of the South Section line and 2610 feet east of the West Section line of said Section 2. If off-channel reservoir, name and capacity of ditch used to fill reservoir, and legal description of each point of diversion: Farver Ditch, 0.25 c.f.s., conditional. See legal description above. Source: Conundrum Creek, tributary to Castle Cree, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: June 12, 2002. Amount: 0.1 acre feet, conditional, with the right to fill and refill when water is legally and physically available. Use: Irrigation and piscatorial. Surface area of high water line: 2,500 square feet. Maximum height of dam: Under 10 feet. Length of dam: 50 feet. Total capacity of reservoir: 0.1 acre feet. Active capacity: 0.1 acre feet. Dead storage: 0 acre feet. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures is on file with the Court. Applicant owns land on which the water rights are located and will be used. Claim to make absolute. Date of water applied to beneficial use: November 16, 2008. Amount: 0.1 acre feet. Use: Irrigation and piscatorial. Description of place of use where water is applied to beneficial use: 0.23 acres within Applicant’s property, that portion of H.E.S. No. 12 situated in Township 10 and 11 South, Range 85 West of the Sixth P.M. Remarks: Per the final decree in Case No. 03CW17, these water rights are components of an integrated an integrated water supply plan for the Applicant’s property. (12 pgs.)

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YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW52 GRAND COUNTY - COLORADO RIVER. Craig Dethmers and Jennifer Dethmers, 1140 S. Ammons Street, Lakewood, CO. 80232, (303) 765-5225, c/o Stanley W. Cazier, Cazier, McGowan & Walker, PO Box 500, Granby, CO 80446, (970) 887-3376). APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATIOIN INCLUDING EXCHANGE AND UNDERGROUND WATER RIGHTS. Name of Structure: Dethmers Wells No. 1 and 2.. Location: Dethmers Well No. 1: SE1/4SE1/4 Section 22, Township 3 North, Range 76 West, 6th P.M. Distance from Section lines: 330 feet from South Section line and 990 feet from East Section line. Dethmers Well No. 2: SE1/4SE1/4 Section 22, Township 3 North, Range 76 West, 6th P.M. Distance from Section lines: 166 feet from South Section line and 853 feet from East Section line, Grand County, Colorado. Source: Groundwater from bedrock formations, hydraulically connected to Soda Creek, then to the Colorado River. Use: In-house for 2 single family residences. Type of Structure: Wells. Amount: 15 gpm each well, .2 acre feet augmentation plan. Appropriation Date for Well: January 12, 2011. PLAN FOR AUGMENTATION INCLUDING EXCHANGE: Name and location of structures to be augmented: Dethmers Wells No. 1 and 2. Depth of wells: Dethmers Well No. 1: 235 feet, No. 2: Unknown. Amount of water claimed: 15 gpm each well. Type of Use:In-house. Water rights which will be used as a source of exchange water: The Middle Park Water Conservancy District has approved a Water Allotment Contract to provide Applicant the right to an annual entitlement of .2 ac-ft of water from the Windy Gap Project, Granby Reservoir, decreed CA 1768 and 85CW135. Applicants may also use a portion of Wolford Mountain Reservoir storage right adjudicated in Case No. 87CW283. Additional Information: The application contains detailed information regarding the augmentation plan including exchange involving Granby Reservoir and Wolford Mountain Reservoir. Date of appropriation for exchange: January 12, 2011. (20 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW53 MESA COUNTY- PLATEAU CREEK, COLORADO RIVER. Ute Water Conservancy District, Acting By and Through the Ute Water Activity Enterprise, Attn: Steve Ryken, Asst Mgr, PO Box 460, Grand Junction, CO 81502, sryken@utewater.org, (970) 242-7491, with copies to Kirsten M. Kurath, Williams, Turner & Holmes, P.C., PO Box 338, Grand Junction, CO 81502, (970) 242-6262, kmkurath@wth-law.com. Application for Finding of Reasonable Diligence. Structures and descriptions of conditional water rights: Atwell East Ditch, Supplemental Point of Diversion: Original Decree: October 13, 1979, Case No: W-3966 District Court, Water Division 5, Subsequent Decrees: 79CW359, 83CW116, 87CW204, 91CW152, and 98CW017, and 04CW106, District Court, Water Division 5; Location: Point of diversion is located in the SE1/4 NW1/4 of Section 20, T.10S., R.96W., 6th P.M. at a point whence the Center 1/4 Corner of said Section 20 bears S.05deg34'46"E. 1,200.56 feet. Source: Seepage and springs in an unnamed drain tributary to Coon Creek, tributary to Plateau Creek, tributary to Colorado River; Appropriation: September 21, 1978; Amount and uses: 2.82 c.f.s., absolute for irrigation; 2.82 c.f.s., conditional for domestic, industrial and municipal. Atwell Waste & Seep Ditch Component of the Ute Water Conservancy District Water System; Original Decree: June 1, 1916, Case No.: CA-2635, Mesa County District Court; Subsequent Decrees: 79CW359, 83CW116, 87CW204, 91CW152, and 98CW017, and 04CW106, District Court, Water Division 5; Location: Headgate is located on the North bank of Spring Draw, at a point whence the West 1/4 Corner of Section 20, T.10S., R.96W., 6th P.M. bears N.19deg44' West 650 feet; Source: Spring Draw, tributary to Mesa Creek, tributary to Plateau Creek, tributary to Colorado River; Appropriation: May 1, 1908; Amount: 0.30 c.f.s., absolute; 0.06 c.f.s., conditional; Use: Irrigation; Big Park Reservoir Component of the Ute Water Conservancy District Water System; Original Decree: July 26, 1971, Case No.: W-253, District Court, Water Division 5; Subsequent Decrees: W-253-72, W-253-76, 79CW359, 83CW116, 87CW204, 91CW152, 98CW017, and 04CW106, District Court, Water Division 5; Location: The legal description of reservoir survey at high water line is: Beginning at a point on the right end of the axis of the proposed dam which bears S.35deg30' W. 685 feet from the South 1/4 corner of Section 32, T.10S., R.93W, 6th P.M., thence S.26deg30" E. 840 feet, thence S.12deg30" E. 470 feet, thence S.29deg30'E. 370 feet, thence N.84deg30'W. 330 feet, thence S.13deg35' E. 500 feet, thence S.19deg05'W. 270 feet, thence N.83deg30'W. 395 feet; thence S.58deg30'W 460 feet, thence S.25deg15' E. 530 feet, thence

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S.13deg30'E. 595 feet, thence S.06deg10'W. 335 feet, thence S.21deg30'W 750 feet, thence N.03deg10'W. 1010 feet, thence N.40deg20'W. 1020 feet, thence N.19deg30'W. 825 feet, thence N.29deg50'W. 390 feet, thence N.06deg20'W. 220 feet, thence N.32deg45'W. 710 feet, thence N.02deg30'W. 550 feet, thence N.82deg35'E. 2006 feet along the dam to the point of beginning. Source: Leon Creek and Park Creek, tributary to Plateau Creek, tributary to Colorado River; Appropriation: September 17, 1970; Amount: 5650 acre feet, conditional; Uses: Domestic and all other beneficial uses. Bridges Switch Pumping Plant and Pipeline Component of the Ute Water Conservancy District Water System; Original Decree: January 25, 1982, Case No.: 81 CW 222, District Court, Water Division 5; Subsequent Decrees: 83CW116, 87CW204, 91CW152 and 04CW106, District Court, Water Division 5; Location: The point of diversion is located on the North bank of the Colorado River at a point whence the Northwest Corner of Section 8, T.1S., R.2E., Ute Meridian, bears N.00deg23'11"W. 2,699.5 feet. Source: Colorado River; Appropriation: June 2, 1981; Amount: 30 c.f.s., conditional; Uses: Municipal, domestic, irrigation, mechanical, manufacturing, generation of power, fire protection, sewage treatment, street sprinkling, watering of parks, lawns and grounds, and maintaining municipal reserves; Coon Creek Pipeline Component of the Ute Water Conservancy District Water System; Original Decree: October 14, 1979, Case No.: W-3921. District Court, Water Division 5; Subsequent Decrees:: 79CW359, 83CW116, 87CW204, 91CW152, 98CW017 and 04CW106, District Court, Water Division 5; change in point of diversion granted in Case No. 83CW239, District Court; Location: The point of diversion is located in the NW1/4 NE1/4 of Section 20, T.10S., R.98W., 6th P.M. at a point whence the Center of Section 17, T.10S., R.96W, 6th P.M. bears N.05deg12' W. 3,221.9 feet. Alternate points of diversion are located as follows: Alternate No. 1 is located on the left or west bank of Coon Creek at a point whence the center 1/4 corner of Section 17, T.10S., R.96W., 6th P.M. bears S.37deg46'27" East, a distance of 862.93 feet; Alternate No. 2, located at the overflow of Heely's Pond #4. The point of diversion is located at the east end of a pond at a point whence the center 1/4 corner of Section 17, T.10S., R.96W., 6th P.M. bears S.41deg30'12" E. a distance of 893.28 feet; Alternate No. 3, located at the outlet of Heely's Pond #4. The outlet works point of diversion is located on the left or south bank of Plateau Creek at a point whence the center 1/4 corner of Section 17, T.10S., R.96W., 6th P.M. bears S.57deg00'27" E., a distance of 1,099.76 feet; Alternate No. 4 is located at a point adjacent to Heely's Pond #3 overflow. The point of diversion is located on the left or south bank of Plateau Creek at a point whence the center 1/4 corner of Section 17, T.10S., R.96W., 6th P.M. bears S.61deg46'47" E., a distance of 1,196.08 feet; Alternate No. 5 is located near Heely's Pond #3 spillway and outlet works. The point of diversion is located in a drain at the west end of a pond at a point whence the center 1/4 corner of Section 17, T.10S., R.96W., 6th P.M. bears S.74deg35'22" E., a distance of 1,289.97 feet; Alternate No. 6 is located near Heely's Pond #2 outlet. The point of diversion is located in a drain at the west end of a pond at a point whence the center 1/4 corner of Section 17, T.10S., R.96W., 6th P.M. bears S.82deg02'09" E., a distance of 1,222.61 feet. Source: Coon Creek and/or Plateau Creek, tributary to Colorado River; Appropriation: September 1, 1978; Amount: 4.50 c.f.s.. This water right was made absolute for all decreed purposes in the amount of 4.1 c.f.s. in Case No. 91CW152. The remaining 0.4 c.f.s. is still conditional; Uses: Municipal, domestic, irrigation, mechanical, manufacturing, generation of power, fire protection, sewage treatment, street sprinkling, watering of parks, lawns, and grounds, and maintenance of adequate municipal reserves; Coon Creek Pipeline Enlargement; Original Decree: May 23, 1984, Case No.: 83 CW 223, District Court, Water Division 5; Subsequent Decrees: 88CW081, 91CW152, and 04CW106, District Court, Water Division 5; Location: The point of diversion is located at a headgate on the Northerly Bank of Coon Creek from whence the center of Section 17, T.10S., R.96W., 6th P.M. bears N.05deg12' W., a distance of 3221.9 feet. Source: Coon Creek, Tributary to Plateau Creek, tributary to Colorado River; Appropriation: September 1, 1978; Amount: 1.5 c.f.s., conditional; Uses: Municipal, domestic, irrigation, mechanical, manufacturing, generation of power, fire protection, use for sewage treatment, street sprinkling, watering of parks, lawns, and grounds, the maintaining of adequate municipal reserves; Jerry Creek Reservoir No. 2 Component of the Ute Water Conservancy District Water System (Jerry Creek Priority); Original Decree: October 14, 1979, Case No.: W-3884, District Court, Water Division 5; Subsequent Decrees: 79CW359, 83CW116, 87CW204, 91CW152, 98CW017, and 04CW106, District Court, Water Division 5; Location: The intersection of the centerline axis of the dam and the right abutment thereof is located at a point whence the Northeast corner of Section 16, T.10S., R.96W., 6th P.M. bears N.61deg14'17" E., a distance of 2,621.22 feet; Source: Jerry Creek, Tributary to Plateau Creek, tributary to Colorado River; Appropriation: October 7, 1977; Amount: 7,791 acre feet, conditional; Uses: All beneficial uses, including municipal, domestic, irrigation, mechanical, manufacturing, generation of power, fire protection, sewage treatment, street sprinkling, watering of parks, lawns, and grounds, the maintaining of adequate municipal reserves, replacement and the adjustment and regulation of the units of the Ute Water Conservancy District Water System within themselves and with other water users; Ute Pumping Station and Pipeline Component of the Ute Water Conservancy District Water System; Original Decree: April 13, 1972, Case No.: CA-13368; Mesa County District Court: Subsequent Decrees: W-822, W-822-76, 79CW359, 83CW116, 87CW204, 91CW152, 98CW017, and 04CW106, District Court, Water Division 5; Location: The Ute Pumping Station will pump water from the Colorado River at a point on its Northerly bank at a point whence the Northeast corner of Section 3, T.1S., R.2E., Ute Meridian, Mesa County, Colorado, bears N.15deg04' E. a distance of 2,059.7 feet; Source: Colorado River; Appropriation: October 22, 1962; Amount: 50 c.f.s., conditional; Uses: Irrigation purposes of the Grand Valley Irrigation Company in exchange for all uses of the Ute Water Conservancy District; Kirkendall Reservoir, also known as Hunter Reservoir; Original Decree: July 21, 1959, Case No.: C.A. 8303, Mesa County District Court; Subsequent Decrees: 80CW167, 84CW170, 88CW155, 94CW088, 00CW181, and 04CW106, District Court, Water Division 5; Location: From the initial point of survey of said reservoir being Corner No. 1, the East Quarter Corner of Sec. 29, T.11S., R.93W., 6th P.M. bears N.78deg58'W. 8432 feet; Source: Leon Creek, tributary to Plateau Creek, tributary to Colorado River; Appropriation: July 28, 1902, for absolute right; July 24, 1952 for conditional right; Amount: 110 acre

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feet, absolute and 582.49 acre feet, conditional; Uses: Irrigation; Kirkendall Reservoir (“Hunter Reservoir "), Ute Water Enlargement; Original Decree: November 3, 2007, Case No.: 06 CW 246, District Court, Water Division 5; Subsequent Decrees: None; Location: The original decree for the Hunter Reservoir states that the reservoir is located as follows: From the initial point of survey of said reservoir being Corner No. 1, the East Quarter Corner of Sec. 29, T.11S., R.93W., 6th P.M. bears N.78deg58'W. 8432 feet, The actual location of Hunter Reservoir is described as: the right embankment control point of the dam for the reservoir is located N. 17deg36'02" W. a distance of 6,885 feet from the Southeast Corner of Section 34, Township 11 South, Range 93 West, 6th P.M. This point is also described as being approximately 2,080 feet from the East section line and 1,285 feet from the South section line of Section 27, Township 11 South, Range 93 West, 6th P.M., in the SW3 SE3 of said Section 27. The intersection of the centerline axis of the dam and the right abutment thereof is located at a point whence the Northeast corner of Section 16, T.10S., R.96W., 6th P.M. bears N.61deg14'17" E., a distance of 2,621.22 feet; Source: The source of the Ute Water Enlargement of the Hunter Reservoir is water flowing in Leon Creek, and springs and natural runoff occurring above the Reservoir. All of these sources are tributary to Plateau Creek, tributary to the Colorado River; Appropriation: December 12, 2001; Amount: 1,340 acre feet, conditional, together with the right to fill and refill the Ute Water Enlargement of the Hunter Reservoir when water is available in priority; Uses: The water will be used to irrigate approximately 1,424 acres of land owned by Ute Water Conservancy District in the Plateau Creek Valley. The land upon which the water will be used for irrigation purposes is described on Exhibit J, attached to the Application; The water will be used for all municipal purposes, including without limitation domestic, household, mechanical, commercial, manufacturing, industrial, generation of power, fire protection, sewage treatment, street sprinkling, watering of parks, lawns, trees, gardens and other grounds, the maintaining of adequate municipal reserves, and the adjustment and regulation of water in and between the various units and features of the Ute Water Conservancy District Water System. The water will be used for these purposes within the boundaries of the Ute Water Conservancy District, as such boundaries may be expanded in the future, in Mesa County, Colorado and within the boundaries of other political subdivisions within Mesa County, Colorado, with which the Applicant has or may have contracts to provide water or water service; The water will also be used for augmentation, replacement and exchange purposes in connection with the delivery of water to Applicant=s users within the boundaries of the Ute Water Conservancy District, as such boundaries may be expanded in the future, in Mesa County, Colorado and within the boundaries of other political subdivisions within Mesa County, Colorado, with which the Applicant has or may have contracts to provide water or water service.; Remarks: The Ute Water Enlargement of the Hunter Reservoir was originally decreed in November 2007 and its next diligence application is due by the end of November 2013. However, this conditional water right is part of the Ute Water Conservancy District Water System (“Applicant’s Water System”) and Applicant seeks to include this conditional water right in its Application for Finding of Reasonable Diligence for the other conditional water rights which make up Applicant’s Water System, described in Paragraphs 2.A. through 2.I. above, the diligence application for which is due in April 2011. Permitting the Applicant to include all its decreed conditional water rights in the same diligence proceeding will save judicial and administrative resources and will also be much more cost effective for the Applicant. Furthermore, Applicant has been developing this conditional water right since 2007 as will be described in more detail below; Detailed outline of work that has been done toward or for completion of the appropriation of the conditional water rights described above; Applicant provides domestic water to over 76,500 people in Mesa County, Colorado, and its service area currently covers approximately 240 square miles in Mesa County. The Conditional Water Rights are all components of the Ute Water Conservancy District Water System (AApplicant=s Water System@), and the Court has so held in prior proceedings. See decrees issued in Case Nos. 79CW359, 83CW116, 87CW204, 91CW152, 98CW017, 00CW181, and 06CW 246, District Court, Water Division 5. Additional components of Applicant=s Water System, including without limitation the Carver Ranch Pipeline, the Cameo Pumping Pipeline, Jerry Creek Reservoir No. 1 (Plateau Creek Priority), and Jerry Creek Reservoir No. 2 (Plateau Creek Priority), have been made absolute in prior diligence proceedings. A map showing the current service boundary of the Applicant and place of use for the Conditional Water Rights is attached to the Application; The complete description of the water rights included in Applicant=s Water System, including the water rights that Applicant purchased during this diligence period, are set forth in Exhibit L, attached to the Application. The Applicant’s Water System is an integrated system comprised of several features including the Conditional Water Rights which are the subject of this case and the work outlined above on Applicant’s Water System constitutes reasonable diligence in the development of all the features of Applicant’s Water System pursuant to C.R.S. § 37-92-301. A detailed outline of the work done during this diligence period toward completion of the appropriation is provided in the Application. Names and addresses of landowners: Applicant; Eric Fullmer and Marilyn Fullmer, 3005 Sheddan Dr., Columbia, TN 38401; United States Forest Service, 764 Horizon Drive, Suite 115, Grand Junction, CO 81506-8721; Sharon A. Coffey, 550 35 Road, Clifton, CO 81520-9752; Ben Hayes and Juanita M. Hayes, P.O. Box 356, Mesa, CO 81643-0356; Town of Palisade, P.O. Box 128, Palisade, CO 81526. (17 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW54 PITKIN & EAGLE COUNTIES. SOURCE: groundwater and water from White Horse Spring tributary to the Roaring Fork River, tributary to the Colorado River. Application of Starwood Metropolitan District for Finding of Reasonable Diligence and to Make Absolute in c/o Sara M. Dunn, Balcomb & Green, P.C., Drawer 790, Glenwood Springs, CO 81601 (970) 945-6546. DILIGENCE: Original decree: 8/10/1998 in 92CW347 (cons.95CW302) and diligence decreed, 04CW132, Water Court, Div. 5, entered 4/23/2005. Structures: Starwood Pump Station. Decreed Legal point of diversion in SW1/4 Sec. 26, T9S, R85W. 6PM, more particularly described as: point whence the SW Corner, Sec. 26 bears S. 20 degrees 16' W. 1337.5 ft. Source: natural drainage channel with indigenous flows including outflow and overflow from the White Horse Spring, trib. to the Roaring Fork River. Approp: 9/1/1992. Amt: 1.0 cfs, cond., for dom., stock watering, fire protection, muni., irr., and for the placement of water in storage in the Starwood Pond. Starwood Pond. Decreed Legal: reservoir located within the 35 ac. parcel, a dam situated in Sec. 26, T9S, R85W. 6PM, being 70 ft. wide: 35 ft. on each side of centerline described as: beginning at a point whence the SW Corner, Sec. 26 bears S. 23 deg. 17'44" W., 3273.16 ft., S. 87 deg. 33'05" W., 172.36 ft.; S. 38 deg. 14'22" W., 46.36 ft.; N. 79 deg. 37'05" W., 52.71 ft.; N. 46 deg. 27'23" W., 203.68 ft.; N. 61 deg. 35'47" W., 104.84 ft.; N. 83 deg. 01'54" W., 125.61 ft.; N. 70 deg. 59'10" W., 112.45 ft. to the point of terminus whence said SW corner of Sec. 26 bears S. 10 deg. 04'16" W., 3264.41 ft.; also described as being located in the SW1/4 NW1/4 Sec. 26, T9S, R85W. 6PM, 2220 ft. from N. Sec. Line, 905 ft. W. Sec. Line, Sec. 26. Source: Surface flow from an unnamed drainage channel tributary to the Roaring Fork River and overflow from the White Horse Springs Collection System trib. to the Roaring Fork River. Amt: 71.0 a.f., cond. Uses: dom., stock watering, fire protection, muni., irr., rec., aug. and exchange. Approp: 9/1/1992. Name and capacity of ditch leading to reservoir: Starwood Pump Station, fill rate of 1.0 c.f.s. Starwood Well No. 5. Permit No. 054269-F. Decreed Legal: NE1/4 SW1/4 of Sec. 26, T9S, R85W. 6PM, 2,215 ft. N. of the S. Sec. Line, and 1,460 ft. E. of the W. Sec. Line, Sec. 26. Depth: 265 ft. Source: Groundwater tributary to the Roaring Fork River. Approp: 11/28/1994. Amt. 200 gpm, cond. (75 a.f. annually), for muni., dom. and irr. of 14.35 ac. of lands, lawns and gardens within Starwood Subdivision. Starwood Well No. 1, First Enlargement. Permit No. 032691-F. Decreed Legal: NE1/4 SW1/4 Sec. 26, T9S, R85W. 6PM, 2220 ft. N. of the S. Sec. Line and 1420 ft. E. of the W. Sec. Line of Sec. 26. Depth: 280 ft. Source: Groundwater tributary to the Roaring Fork River. Approp: 6/14/1994. Amt: 0.15 c.f.s., cond. (30 a.f. annually) for muni., dom. and irr. of 14.35 acres of lands, lawns and gardens within the Starwood Subdivision. Starwood Exchange, an appropriative right of exchange. Upper Terminus: confluence of the Roaring Fork River with Maroon Creek located at a point in the NE1/4 NW1/4 Sec. 2, T10S, R85W. 6PM, 1300 ft. S. of the N. Sec. Line, and 2500 ft. E. of the W. Sec. Line, Sec. 2 in Pitkin County. Lower Terminus: confluence of the Fryingpan River with the Roaring Fork River located in SW1/4 SE1/4 Sec. 7, T8S, R86W. 6PM, approx. 700 ft. N. of the S. Sec. Line and 1500 ft. W. of the E. Sec. Line, Sec. 7, Eagle County, Colorado. Source: Roaring Fork River, trib. to the Colorado River. Approp. and Adjudication: 4/30/1996, as amended by filing of Amended Application 92CW347 (consol. 95CW302) requesting approval of the augmentation plan including exchange. Amt: 1.0 cfs. Remarks: In 11CW27, currently pending before the Div. 5 Water Court, Applicant has requested judicial confirmation of its appropriative right of exchange decreed in Case No. 92CW347 (Consol. 95CW302). The above-described water rights were decreed as an integrated water supply for Applicant’s service area. "When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system." C.R.S. § 37-92-301 (4) (b). Applicant has diligently pursued development of the subject cond. water rights. A detailed outline of what has been done toward completion of the appropriations and application of water to beneficial use as conditionally decreed, including expenditures, is contained within the Application on file with the Court. ABSOLUTE CLAIM: Starwood Well No. 5. well has been constructed and placed to beneficial use for muni. and dom. purposes. First beneficial use: 5/15/2008 for Muni. and dom. Description of place of use: within the Starwood Metropolitan District service area. Amt: 30 gpm. Depth: 265 ft. Names and address of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant owns the land upon which all structures, except the Starwood Pump Station. The Starwood Pump Station is on land owned by the White Horse Springs Water & Sanitation District, P.O. Box 808, Aspen, CO 81612. (10 pgs., 4 Ex.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011.

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11CW55 PITKIN COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE. 1. Name, address and telephone number of applicant: Board of County Commissioners of Pitkin County (“Pitkin County”), c/o John M. Ely, Pitkin County Attorney, 530 East Main Street, Third Floor, Aspen, Colorado 81611, (970) 920-5190. Direct pleadings to Timothy J. Beaton, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, Colorado 80306-1440. 2. Names of structures: a. Dump Pool No. 1. b. Dump Pool No. 2. Collectively referred to as the “Dump Pools.” 3. Description of conditional water rights: a. Date of original decree: January 3, 1991, Case No. 85CW621, District Court for Water Division No. 5, State of Colorado. b. Subsequent decrees awarding findings of diligence: Case No. 97CW19, February 20, 1998, District Court, Water Division No. 5 and Case No. 04CW26, April 7, 2005, District Court, Water Division No. 5. c. Legal descriptions: The Dump Pools are decreed at the following locations, and as shown on Exhibit A attached hereto: i. Dump Pool No. 1: Located in the SW1/4 of the NW1/4 of Section 8, Township 9 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, at a point 1,000 feet east of the west section line and 1,700 feet south of the north section line. ii. Dump Pool No. 2: Located in the SW1/4 of the NW1/4 of Section 8, Township 9 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, at a point 900 feet east of the west section line and 1,650 feet south of the north section line. d. Source: Unnamed springs and runoff, tributary to an unnamed tributary of the Roaring Fork River. e. Appropriation date: i. Dump Pool No. 1: December 31, 1966. ii. Dump Pool No. 2: December 31, 1983. f. Amounts: i. Dump Pool No. 1: 0.2 acre-feet, CONDITIONAL, for industrial and domestic uses; 0.2 acre-feet, ABSOLUTE, for irrigation use. ii. Dump Pool No. 2: 0.8 acre-feet, CONDITIONAL, for industrial and domestic uses; 0.8 acre-feet, ABSOLUTE, for irrigation use. g. Uses: Irrigation, industrial and domestic purposes. 4. Detailed outline of work and expenditures toward completion of the conditional appropriations: During the preceding diligence period, Pitkin County committed considerable time and money to further the development of the water rights for the Pitkin County Solid Waste Center (“SWC”), including the Dump Pools. The SWC, together with the water rights held and used to supply it, are part of a single “project or integrated system” within the meaning of C.R.S. § 37-92-301(4)(b) for the purpose of determining reasonable diligence. The process of developing the water rights for the SWC, including the Dump Pools, required the approval of the Colorado Department of Public Health & Environment (“CDPHE”) and the Pitkin County Board of County Commissioners (“BOCC”). CDPHE approved the final Engineering Design and Operations Plans for the long-term operation of the SWC, including the size and placement of all features of the landfill and the surface water detention and storage structures for the Dump Pool water rights. Pitkin County also commissioned the drafting of a Master Plan for the SWC and has received approval of that plan by the BOCC. In 2008, after receiving the requisite approvals, Dump Pool No. 2 was lined to prevent seepage from the structure into underlying refuse and the SWC staff began using both Dump Pool water rights for dust suppression on a regular basis. Each spring, the Dump Pool structures fill from snow melt and other runoff from the SWC. Once the dust suppression need arises, usually in mid-April, SWC staff pumps water from the pools for dust suppression as needed until the ponds are dry. The affidavit of Chris Hoofnagle, SWC Resource Recovery Manager, documenting the beneficial use of the Dump Pools is attached as Exhibit B hereto and incorporated herein by reference. In addition, Pitkin County has expended more than $50,000 in legal fees during the previous diligence period toward the development of its SWC water supply and to protect its water rights portfolio in water court. 5. Claim to make absolute: a. Date water applied to beneficial use: April 2008. b. Use: Industrial use at the SWC, including but not limited to dust suppression. c. Amount: i. Dump Pool No. 1:0.2 acre-feet, ABSOLUTE for industrial use, including but not limited to dust suppression. ii. Dump Pool No. 2: 0.8 acre-feet, ABSOLUTE for industrial use, including but not limited to dust suppression. d. Description of place of use: In and around the SWC, the approximate boundaries of which are shown on Exhibit A. 6. Claim to clarify location at “as-built” location: The Dump Pools were constructed at slightly different locations than originally decreed. Pitkin County requests that the water court confirm the following as-built locations for the Dump Pools, as measured at the outlet structure of each, which locations are within 200 feet of the originally-decreed locations. Both the originally-decreed locations and the as-built locations are also shown on Exhibit A. a. Dump Pool No. 1: Located in the SW1/4 of the NW1/4 of Section 8, Township 9 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, at a point 1,190 feet east of the west section line and 1,650 feet south of the north section line. b. Dump Pool No. 2: Located in the SW1/4 of the NW1/4 of Section 8, Township 9 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, at a point 900 feet east of the west section line and 1,480 feet south of the north section line. 7. Claim to cancel domestic use: Applicant does not intend to put the Dump Pool water rights to use for domestic purposes and requests that the water court confirm cancellation of the conditional domestic use. 8. Name and address of owner of land upon which water will be stored and used: Applicant is the owner. WHEREFORE, Pitkin County respectfully requests the Court to enter a decree granting this application, finding that Pitkin County has exercised reasonable diligence toward the completion of the subject conditional appropriations, the conditional water rights were put to beneficial use during the last diligence period, the water rights for Dump Pool Nos. 1 and 2 are absolute in the amounts and for the uses set forth above, the associated claim for domestic use is cancelled, and granting any other relief the Court deems appropriate. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW56 PITKIN COUNTY. SOPRIS CREEK. Midlands Holdings, LLC, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Danielle L. Luber, Esq., 730 East Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR ALTERNATE POINT OF DIVERSION, SURFACE WATER RIGHT, AND STORAGE WATER RIGHT. First Claim for Application for Alternate Point of Diversion. Decreed water right for which alternate point of diversion is sought: Name of structure: Davis Ditch. Date entered: Civil Action No. 1985, May 15, 1918, District Court, Garfield County. Subsequent Decrees: Civil Action No. 4033, September 5, 1947, District Court, Garfield County; and Case No. 81CW366, July 23, 1982, District Court, Water Division No. 5. Decreed point of diversion: The decreed location of the headgate is on the East bank of East Sopris Creek, at a point about three-fourths of one mile above the junction of the East and West forks of Sopris Creek, in the SW ¼ of the SE ¼ of Section 24, Township 8 S., Range 87 W. of the 6th P.M. (Civil Action Nos. 1985 and 4033). In Case No. 81CW366, the Court decreed an alternative point of diversion for 0.10 c.f.s. at a point whence Angle Point No. 4 of Tract 69, Section 13, Township 8 S., Range 87 W. of the 6th P.M. bears S. 75º07’25” E. 672.85 feet. See Exhibit “A” for a map of the decreed location and alternative point of diversion. Source: Sopris Creek, tributary to the Roaring Fork River and the Colorado River. Appropriation dates and amounts: Priority No. 221A-1: April 1, 1904, 1.4 c.f.s. Priority No. 570: September 5, 1947, 1.3 c.f.s. Decreed use or uses: Irrigation and domestic. Amount of water that Applicant intends to divert at alternate point: 0.25 c.f.s. Detailed description of proposed alternate point. Applicant requests an alternative point of diversion on its property for its 0.25 c.f.s. interest in the water rights described in Paragraph 2 above. This water right has historically been used to irrigate real property described shown on Exhibit “B" and located generally in the E½ of the SW ¼ and the W½ of the SE¼ of Section 13, Township 8 S., Range 87 W. of the 6th P.M. See Exhibit “C” for the Colorado Decision Support System structure summary and diversion records for the Davis Ditch. Legal descriptions: Legal description of original decreed location: Pitkin County, SW ¼ of the SE ¼, Section 24, Township 8 South, Range 87 West, of the 6th P.M. at a distance of 1155 feet from the South section line and 2371 feet from the East section line. Legal description of alternative point of diversion: Pitkin County, NE ¼ of the SW ¼, Section 13, Township 8 South, Range 87 West, of the 6th P.M. at a distance of 1339 feet from the South section line and 2127 feet from the West section line. Applicant owns the property upon which the structure is or will be located, or upon which water is or will be placed to beneficial use. Remarks: Since the irrigation use will continue in the same location as originally decreed, the water right remains a beneficiary of the (commonly referred to) Senate Document 80 historic users releases from Green Mountain Reservoir. Second Claim Surface Water Right. Name of structure: Davis Ditch, Midland Enlargement. Legal description of point of diversion: Pitkin County, NE ¼ of the SW ¼, Section 13, Township 8 South, Range 87 West, of the 6th

P.M. at a distance of 1339 feet from the South section line and 2127 feet from the West section line. See Exhibit “A” for a map of the location of the point of diversion. Source: Sopris Creek, tributary to the Roaring Fork River and the Colorado River. Date of initial appropriation: April 30, 2011. How appropriation was initiated: Field inspection, survey, formulation of intent to apply water to beneficial use, and publishing water court application. Date water applied to beneficial use: April 30, 2011. Amount claimed: 1.0 cfs, conditional with the right to fill and re-fill the Midland Pond System when water is physically and legally available. Proposed uses: Irrigation, domestic, fire protection and to fill and refill the Davis Pond System for subsequent irrigation, domestic, fire protection, piscatorial, aesthetic, and augmentation purposes. Irrigation uses: Number of acres historically irrigated: 5.8 Acres. Total number of acres proposed to be irrigated: 6.6 acres. Legal description of acreage: The real property shown on Exhibit “D" and located generally in the E½ of the SW ¼ and the W½ of the SE¼ of Section 13, Township 8 S., Range 87 W. of the 6th P.M. Non-irrigation uses: Water will be stored in Midland Pond System, the location of which is described in Paragraph 16.A below. The ditch and pond system are shown on Exhibit “D”. Applicant owns the property upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Third Claim: Storage Water Right. Name of Reservoir: Midland Pond System. Legal description of reservoir dam: One or more ponds located in Pitkin County; The lower terminus of the pond system is in the NE¼ of the SW¼, Section 13, Township 8 South, Range 87 West, of the 6th P.M. at a distance of 1865 feet from the South section line and 2272 feet from the West section line. See Exhibit “D” for a map of the pond system. The upper terminus of the pond system is in the SW¼ of the SE¼, Section 13, Township 8 South, Range 87 West, of the 6th P.M. at a distance of 1194 feet from the South section line and 2548 feet from the East section line. See Exhibit “D” for a map of the pond system. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Davis Ditch, Midland Enlargement, with a capacity of 1.0 cfs. The point of diversion is described above. Source: Sopris Creek, tributary to the Roaring Fork River and the Colorado River. Date of Appropriation: April 30, 2011. How appropriation was initiated: Field inspection, survey, formulation of intent and to apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed: 8.5 acre-feet, conditional with the right to fill and refill when water is physically and legally available. If off-channel reservoir, rate of diversion in c.f.s. for filling the reservoir: 1.0 c.f.s., conditional. Uses: Irrigation, fire protection, piscatorial, recreation, aesthetic, and augmentation purposes. If irrigation, complete the following: Number of acres historically irrigated: 5.8 acres. Total number of acres proposed to be irrigated: 6.6 acres. Legal description of acreage: The real property described on the map attached as Exhibit “D" and located generally in the E½ of the SW¼ and the W½ of the SE¼ of Section 13, Township 8 S., Range 87 W. of the 6th P.M. If non-irrigation, describe purpose fully: The pond location is described in Paragraph 16.A above, and shown on Exhibit “D.” Surface area of high water line: 1.0 acre for all ponds in the Midland Pond System. Maximum height of dam: Less than 10.0 feet. Length of dam:

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Approximately 400 feet. Total capacity of reservoir: Active capacity: 8.5 acre-feet. Dead storage: 0.0 acre-feet. All stored water can be released from gravity and/or pump and pipeline system. Applicant owns the property upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Remarks: Applicant will provide more specific pond location(s) within the published system area when the exact location is known. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW57 PITKIN COUNTY. FRYING PAN RIVER. Midland Holdings, LLC, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Danielle M. Luber, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING EXCHANGE. First Claim for Approval of Plan of Augmentation. Name of structures to be augmented: Davis Ditch, Midland Enlargement and Midland Pond System. Davis Ditch, Midland Enlargement: Previous decree: N/A; application pending. Legal description: The point of diversion is located in Pitkin County, NE¼ of the SW ¼, Section 13, Township 8 South, Range 87 West, of the 6th P.M. at a distance of 1339 feet from the South section line and 2127 feet from the West section line. See Exhibit “A”for a map of the location of the point of diversion. Midland Pond System: Previous decree: N/A, application pending. Legal description: The lower terminus of the pond system is in the NE¼ of the SW¼, Section 13, Township 8 South, Range 87 West, of the 6th P.M. at a distance of 1865 feet from the South section line and 2272 feet from the West section line. See Exhibit “B” for maps of the pond system. The upper terminus of the pond system is in the SW¼ of the SE¼, Section 13, Township 8 South, Range 87 West, of the 6th P.M. at a distance of 1194 feet from the South section line and 2548 feet from the East section line. See Exhibit “B” for maps of the pond system. Water rights to be used for augmentation: Midland Pond System. Date of original and all relevant subsequent decrees: N/A. Type of water right: Storage. Legal description of storage structure: The lower terminus of the pond system is in the NE¼ of the SW¼, Section 13, Township 8 South, Range 87 West, of the 6th

P.M. at a distance of 1865 feet from the South section line and 2272 feet from the West section line. See Exhibit “B” for a map of the pond system. The upper terminus of the pond system is in the SW¼ of the SE¼, Section 13, Township 8 South, Range 87 West, of the 6th P.M. at a distance of 1194 feet from the South section line and 2548 feet from the East section line. See Exhibit “B” for maps of the pond system. Basalt Water Conservancy District Allotment Contract: Pursuant to an allotment contract, 13.3 acre-feet of the following water rights will be made available to Applicant for augmentation: Green Mountain Reservoir: Source: Blue River, tributary of Colorado River. Legal description: Located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. Adjudication Date: October 12, 1955. Appropriation Date: August 1, 1935. Case Nos.: 2782, 5016, and 5017, United States District Court, District of Colorado; and Case No. 88CW022, District Court, Water Division No. 5. Decreed Amount: 154,645 acre feet and a refill right in the amount of 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 of Colorado River. Legal description: An on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: June 20, 1958. Appropriation Date: July 29, 1957. Case No.: C.A. 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-789-76). Decreed Uses: Generation of electric energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet of the refill right was made absolute. In Water Court 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 in the refill right. Information from previous decrees for Troy Ditch and Edith Ditch rights:

STRUCTURE

PRIORITY

COURT

CASE

ADJ DATE

APP DATE

DECREED

AMOUNT

USE

(4)

AMOUNT SOLD, TRANSFERRED OR RESERVED

AMOUNT REMAININ

G (10)

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NO. (CFS) (5) (6) (7) (8) (9) CFS AF

Troy Ditch (1)

370 3082 08/25/1936

05/01/1906

5.10 I 0.000 0.000 0.095

0.064

0.035 4.906 N/A

Troy Ditch 1st Enlg

427 3082 08/25/1936

05/01/1928

10.80 I 0.000 0.000 0.200

0.134

0.073 10.393

N/A

Troy Ditch 2nd Enlg

669 4613 06/20/1958

06/01/1942

6.20 I 0.000 0.000 0.115

0.077

0.042 5.966 N/A

Edith Ditch

353 3082 08/25/1936

05/01/1904

2.72 I 0.110 0.1320

0.050

0.000

0.018 2.410 N/A

Edith Ditch 1st Enlg

673 4613 06/20/1958

07/01/1946

3.23 I 0.000 0.000 0.060

0.000

0.022 3.148 N/A

Troy Ditch Water System aka Lower Headgate

(2) W-2281

15.50(3) I,D,M

C,P

0.110 0.1320

0.520

0.275

0.190 14.273

412.89

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

Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. Information from previous decrees for Robinson Ditch rights:

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STRUCTURE DECREED AMOUNT/ cfs

AMOUNT OWNED BY BWCD (cfs)(1)

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

ROBINSON DITCH

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

ROBINSON DITCH

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

ROBINSON DITCH

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

ROBINSON DITCH

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

ROBINSON DITCH

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

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) District Court in and for Garfield County

Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Statement of plan for augmentation: Background: Applicant intends to irrigate up to 6.6 acres on its lands, as shown in Exhibit “B”. Irrigation water will be delivered by three options: (1) diversion from the Davis Ditch, Priorities 221A-1, and 570, at the alternate point of diversion applied for concurrently with this Application, (2) by the Davis Ditch, Midland Enlargement described in paragraph 2.A. above; or (3) by the Midland Pond System, which has also been claimed for fire protection, piscatorial, recreation, aesthetic, and augmentation purposes. Out of priority depletions from the irrigation and evaporative loss will be replaced water from a Basalt Water Conservancy District Allotment Contract for releases to augment the Roaring Fork and Colorado River. In addition, Applicant plans to release water from the Midland Pond System to augment local calls. See Table 1 for a table outlining expected total diversions of 19.79 AF, and total depletions of 16.52 AF. Pond Evaporation: Monthly evaporation for the Midland Pond System was calculated using the State Engineer’s Office guidelines and criteria, and is provided in Table 2. The average annual total evaporation for approximately 1.0 surface acre is estimated to equal 3.43 acre-feet per year. Irrigation Depletions: The Davis Ditch, the Davis Ditch, Midland Enlargement, and the Midland Pond System will irrigate up to 6.6 acres on Applicants property. The consumptive use rate for irrigation in this area was estimated using the modified Blaney-Criddle methodology approved by the State Engineer. This analysis calculates approximately 1.983 feet per acre per year, as shown in Table 3. For the full 6.6 acres irrigated, this equals 13.09 acre feet of irrigation depletions, as shown in Table 1. Lagged return flows were considered as shown in Tables 4 and 5, and do not change the net irrigation depletion calculation. Historic User Pool: The Davis Ditch was in existence and diverted water under its absolute decree prior to October 15, 1977. The State’s diversion records provide evidence of historic irrigation use, see Exhibit “C”. Therefore, the Applicant is considered a beneficiary of the (commonly referred to) Senate Document 80 historic users releases from Green Mountain Reservoir. Dry Year Operations: For a dry year scenario, augmentation releases, by either contract or on-site release, are summarized in Table 6. In dry year call conditions, Applicant will demonstrate contracts and Green Mountain protection releases of up to 13.24 acre feet under a Basalt Water Conservancy District contract, and up to 3.64 acre-feet from the Midland Pond System to satisfy a local call. Alternatively, Applicant may curtail water use in a dry year call during later irrigation season to reduce releases. Applicant owns the property upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Second Claim for Appropriative Exchange. Name of structure: Midland Exchange. Location: Lower Termini: For the exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork River and the Colorado River located in the SE¼ of the NW¼ of Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point approximately 2,200 feet from the north section line and 2,350 feet from the west section line. For the exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork River and the Frying Pan River located in the SW¼, SE¼, Sec 7, Township 8 South, Range 86 West, 6th P.M., 647 feet from the south section line and 1475 feet from the east section line. For the exchange of Robinson Ditch water: The point of diversion for the Robinson Ditch on the Roaring Fork River, located in the NW¼, SE¼, Sec. 11, Township 8

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South, Range 87 West, 6 P.M., 2307 feet from the south section line and 2309 feet from the east section line. Upper Termini: Davis Ditch, Midland Enlargement: The point of diversion is located in Pitkin County, NE ¼ of the SW ¼, Section 13, Township 8 South, Range 87 West, of the 6th P.M. at a distance of 1339 feet from the South section line and 2127 feet from the West section line. See Exhibit “A” for a map of the location of the point of diversion. Upper terminus of the Midland Pond System: The upper terminus is located in the SW¼ of the SE¼, Section 13, Township 8 South, Range 87 West, of the 6th P.M. at a distance of 1194 feet from the South section line and 2548 feet from the East section line. See Exhibit “B” for maps of the pond system. Sources: The sources are described above. Date of appropriation: April 30, 2011. How appropriation was initiated: By field inspection, survey, formulation of intent to appropriate the exchange, and water court application. Date water applied to beneficial use: N/A. Rate: 0.07 c.f.s., conditional. Volume: 13.3 acre-feet, conditional. Plan of operation: The plan for augmentation claimed herein includes an appropriative right of exchange of the augmentation water released pursuant to Applicant’s Basalt Water Conservancy District allotment contract, extending from the lower termini described above to the upper termini described above. Applicant will operate the exchange when it is in priority. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW58 APPLICATION FOR FINDING OF REASNOABLE DILIGENCE AND TO MAKE PORTIONS OF CONDITIONAL WATER RIGHTS ABSOLUTE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF AMERICAN GYPSUM COMPANY. IN EAGLE COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 9th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, address and telephone number of applicant: American Gypsum Products, P.O. Box 1630, Eagle, Colorado 81631, (970)524-9700. Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structures: American Gypsum Well F (“Well F”), American Gypsum Well Field (the “Well Field”), Eagle River Intake Nos. 1 and 2 (the “Eagle River Intakes”). 3. Description of conditional water rights (a) Decree: The subject conditional water rights were decreed by the District Court in and for Water Division No. 5 in Case No. 02CW391 by decree dated April 8, 2005. (b) Decreed locations: Well F. Well F is located in the NW1/4NE1/4 of Section 5, Township 5 South, Range 85 West of the 6th P.M., at a point 1,175 feet from the North section line and 1,990 feet from the East section line of said Section 5. The American Gypsum Well Field is described as land located in the NW1/4NE1/4 of Section 5, Township 5 South, Range 85 West of the 6th P.M.. beginning at a point 1,315 feet from the North section line and 1,730 feet from the East section line of said Section 5, thence North 02 degrees 11 minutes West a distance of 1,062.04 feet, thence due West a distance of 641.56 feet, thence due South a distance of 887.21 feet, thence South 75 degrees 41 minutes East a distance of 703.94 feet to the point of beginning. Eagle River Intakes. Eagle River Intake No. 1 will be located on the south bank of the Eagle River in the NE1/4NW1/4 of Section 5, Township 5 South, Range 85 West of the 6th P.M., at a point 765 feet from the North section line and 2,165 feet from the West section line of said Section 5. Eagle River Intake No. 2 will be located on the south bank of the Eagle River in the NW1/4NE1/4 of said Section 5, at a point 710 feet from the North section line and 1,785 feet from the East section line of said Section 5. (c) Source: The source of water for Well F and the American Gypsum Well Field is groundwater tributary to the Eagle River. The source of water for the Eagle River Intakes is the Eagle River. (d) Appropriation dates: Well F – October 4, 2002. American Gypsum Well Field – December 3, 2002. Eagle River Intakes – June 28, 1989. (e) Amounts: Well F – 1 cfs, conditional, provided that the combined diversions from Eagle Gypsum Well Nos. 1, 2 and 3, and Well F cannot exceed 1 cfs at any given time, except to the extent Eagle Gypsum Well Nos. 1 2 and 3 are also being used to fill Eagle Gypsum Reservoir No. 1. American Gypsum Well Field – 1 cfs, except that the combined diversions from wells in the American Gypsum Well Field, Eagle Gypsum Well Nos. 1, 2 and 3, Well F, and additional wells in Well Field cannot exceed a cumulative amount of 1 cfs at any given time, except to the extent Eagle Gypsum Well Nos. 1 2 and 3 are also being used to fill Eagle Gypsum Reservoir No. 1. Eagle River Intakes – Diversions by the Eagle River Intakes and Eagle Gypsum Well Nos. 1, 2 and 3 for the purpose of storage in Eagle Gypsum Reservoir No. 1 cannot exceed a combined diversion of 2 cfs. (f) Use: Well F and American Gypsum Intakes – Industrial and landscape irrigation. Eagle River Intakes – filling of Eagle Gypsum Reservoir No. 1, which is decreed for industrial, landscape irrigation, recreational, piscatorial and augmentation use. 4. Claim to Make Portions of Conditional Water Rights Absolute: (a) Well F was issued Well Permit No. 59612-F in 2003, to convert monitoring well #243880 to a production well. Copies of the well permit, Well Construction Report and Pump Test Report are attached hereto as Exhibit A. Well F has been pumped at the rate of 180 gpm and applied to its decreed beneficial uses of industrial and landscape irrigation. A chart evidencing the pumping of the well on April 28, 2011 is attached hereto as Exhibit B. Accordingly, Applicant seeks to make 0.4 cfs of the 1 cfs conditionally decreed to Well F absolute, and to discontinue the conditional right as to the remaining 0.6 cfs. (b) Well O, which is part of the American Gypsum Well Field, was issued Well Permit No. 62942-F to convert monitoring well #252295 to a production well Copies of the well permit,

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Well Construction Report and Pump Test Report are attached hereto as Exhibit C. Well O has been pumped at the rate of 75 gpm and applied to its decreed beneficial uses of industrial and landscape irrigation. A chart evidencing the pumping of the well on April 28, 2011 is attached hereto as Exhibit D. Accordingly, Applicant seeks to make 0.167 cfs of the 1 cfs conditionally decreed to American Gypsum Well Field absolute, and for a finding of diligence with respect to the remaining 0.833 cfs, as additional wells may be drilled within the Well Field in the future. 5. Claim for Finding of Reasonable Diligence: Applicant has undertaken the following specific activities over the last six years that demonstrate its diligence with regard to the subject conditional rights: (a) The decree in Case No. 02CW391 found that the subject conditional water rights are part of an integrated water system, the diligence on any part of which constitutes diligence on all parts thereof. The subject conditional rights are part of an water augmentation plan originally decreed in Case No. 89CW132. By decree in Case No. 02CW391 entered on May 1, 2005, Applicant obtained approval of an amendment and restatement of that augmentation plan, which included the subject conditional water rights as additional components of applicant’s overall water system. (b) In Case No. 07CW125, Applicant filed for an enlargement of the volumetric limit on the exchange by which water can be diverted at the subject structures. Applicant has obtained approval of a consent decree in that case from all objectors, which consent decree is currently awaiting entry by the Water Court. (c) By decree dated October 14, 2006, in Case No. 05CW212, Applicant obtained a decree making absolute a portion of the rights decreed to certain of the wells involved in the augmentation plan of which the subject conditional rights are a part, and finding diligence with respect to the remainder of the rights. (d) In Case No. 10CW254, Applicant obtained a finding of reasonable diligence with respect to the exchange by which water can be provided to the subject structures. (e) As discussed in paragraph 4 above, Well F and Well O have been completed and integrated into Applicant’s water supply system. (f) Applicant continues to operate and improve the water supply system of which the subject conditional water rights are an integral feature. (g) Applicant has maintained in full force and effect contracts for 270 acre feet of water from Green Mountain Reservoir and Wolford Mountain Reservoir, which provides augmentation water to augment diversions by the subject conditional water rights. 5. Other. Applicant owns the decreed locations of the subject structures. Attached hereto as Exhibit E is a map depicting the decreed location of those structures. WHEREFORE, applicant requests that the Court (a) make 0.4 cfs of the conditional water right decreed to Well F absolute, (b) cancel the remaining 0.6 conditionally decreed to Well F, (c) make 0.167 cfs of the conditional water right decreed to the Well Field absolute, and (d) enter a finding of reasonable diligence with respect to remaining 0.833 cfs conditionally decreed to the Well Field. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW59 PITKIN COUNTY. PRINCE CREEK. Ranch I, LLC, c/o Patrick, Miller & Kropf, P.C., Paul L. Noto, Esq. and Danielle L. Luber, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE, AND FOR CHANGE OF WATER RIGHTS. First Claim: To Make Water Right Absolute. Name of structure: Beaver Camp Ditch No. 1. Date of original Decree: April 5, 2005. Case No. 03CW307. Court: District Court, Water Division No. 5. Legal description: The headgate is located in the SW ¼, SE ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 803 feet from the south section line and 1,350 feet from the east section line of said Section 31 (Pitkin County). Source: Prince Creek, a tributary of the Crystal River and the Roaring Fork River. Appropriation date: February 25, 2003. Amount: 2.0 c.f.s., conditional. Use: To fill the Beaver Creek Ponds Nos. 1-3, for subsequent piscatorial, recreational, fire fighting, aesthetic, and augmentation purposes. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: June 30, 2005. Amount: 1.45 c.f.s., out of the 2.0 c.f.s. originally decreed. Applicant requests that the Court confirm a finding of reasonable diligence for the remaining conditional 0.55 c.f.s. decreed to the Beaver Camp Ditch No. 1. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW307. Second Claim: To Make Water Right Absolute. Name of structure: Beaver Camp Pond No. 1. Date of original Decree: April 5, 2005. Case No. 03CW307. Court: District Court, Water Division No. 5. Legal description: The pond is located in the SE ¼, SE ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 860 feet from the south section line and 1,236 feet from the east section line of said Section 31 (Pitkin County). See Exhibit “A” for maps of the reservoir. If an off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Beaver Camp Ditch No. 1, with a capacity of 1.45 c.f.s. The point of diversion is described above. Source: Prince Creek, a tributary of the Crystal River and the Roaring Fork River. Appropriation date: February 25, 2003. Amount: 0.5 acre-feet, conditional. Use: Piscatorial, recreational, fire fighting, aesthetic, and augmentation purposes. Surface area of high water line: 0.1 acre. Maximum height of dam: Under 10 feet. Length of dam: Approximately 201 feet. Total capacity of

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reservoir: 0.5 acre-feet. Active capacity: 0.5 acre-feet. Dead storage: 0.0 acre-feet. A detailed outline of work performed toward completion of the appropriation was included with the Application. If claim to make absolute water applied to beneficial use: Date: June 30, 2005. Amount: 0.5 acre-feet, out of the 0.5 acre-feet originally decreed. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW307. Third Claim: For Change of Water Right. Decreed water right for which change is sought: Name of structure: Beaver Camp Pond No. 2. Date of original Decree: April 5, 2005. Case No. 03CW307. Court: District Court, Water Division No. 5. Decreed description: The SE ¼, SE ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 967 feet from the south section line and 1,176 feet from the east section line of said Section 31 (Pitkin County). If an off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Beaver Camp Ditch No. 1, with a capacity of 1.45 c.f.s. The point of diversion is described above. Source: Prince Creek, a tributary of the Crystal River and the Roaring Fork River. Appropriation date: February 25, 2003. Amount: 0.4 acre-feet, conditional, with the right to fill and refill when water is physically and legally available. Use: Piscatorial, recreational, fire fighting, aesthetic, and augmentation purposes. Surface area of high water line: 0.1 acre. Maximum height of dam: Under 10 feet. Length of dam: Approximately 133 feet. Total capacity of reservoir: 0.4 acre-feet. Active capacity: 0.4 acre-feet. Dead storage: 0.0 acre-feet. Change requested: To change the place of storage for Beaver Camp Pond No. 2 to a pond constructed more than 200 feet from the decreed location. The ditch used to fill the pond, source of the pond, return flow from the pond, and use of the pond remain unchanged. All evaporative losses from the pond were augmented in Case No. 03CW307. Location: The new place of storage is within Beaver Camp Pond No. 1, located in the SE ¼, SE ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 860 feet from the south section line and 1,236 feet from the east section line of said Section 31 (Pitkin County) and described above. See Exhibit “A” for maps of the reservoir. Amount: 0.4 acre-feet with the right to fill and refill when water is physically and legally available (all active capacity) (0.1 acre surface area). The contemplated draft of the Beaver Camp Pond No. 2 is 0.4 acre-feet of water. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW307. Applicant seeks approval of the proposed changed place of storage to conform to its actual storage location within the Beaver Camp Pond No. 1. Fourth Claim: To Make Water Right Absolute. Name of structure: Beaver Camp Pond No. 2. Date of original Decree: April 5, 2005. Case No. 03CW307. Court: District Court, Water Division No. 5. Decreed description: The SE ¼, SE ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 967 feet from the south section line and 1,176 feet from the east section line of said Section 31 (Pitkin County). If an off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Beaver Camp Ditch No. 1, with a capacity of 1.45 c.f.s. The point of diversion is described above. Source: Prince Creek, a tributary of the Crystal River and the Roaring Fork River. Appropriation date: February 25, 2003. Amount: 0.4 acre-feet, conditional, with the right to fill and refill when water is physically and legally available. Use: Piscatorial, recreational, fire fighting, aesthetic, and augmentation purposes. Surface area of high water line: 0.1 acre. Maximum height of dam: Under 10 feet. Length of dam: Approximately 133 feet. Total capacity of reservoir: 0.4 acre-feet. Active capacity: 0.4 acre-feet. Dead storage: 0.0 acre-feet. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: June 30, 2005. Amount: 0.4 acre-feet out of the 0.4 acre-feet originally decreed. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW307. Fifth Claim: For Change of Water Right. Decreed water right for which change is sought: Name of structure: Beaver Camp Pond No. 3. Date of original Decree: April 5, 2005. Case No. 03CW307. Court: District Court, Water Division No. 5. Decreed description: The SE ¼, SE ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 1,258 feet from the south section line and 958 feet from the east section line of said Section 31 (Pitkin County). If an off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Beaver Camp Ditch No. 1, with a capacity of 1.45 c.f.s. The point of diversion is described above. Source: Prince Creek, a tributary of the Crystal River and the Roaring Fork River. Appropriation date: February 25, 2003. Amount: 1.4 acre-feet, conditional, with the right to fill and refill when water is physically and legally available. Use: Piscatorial, recreational, fire fighting, aesthetic, and augmentation purposes. Surface area of high water line: 0.3 acre. Maximum height of dam: Under 10 feet. Length of dam: Approximately 127 feet. Total capacity: 1.4 acre-feet. Active capacity: 1.4 acre-feet. Dead storage: 0.0 acre-feet. Change requested: To change the place of storage for a portion of Beaver Camp Pond No. 3 to a pond constructed more than 200 feet from the decreed location. The ditch used to fill pond, source of the pond, return flow from the pond, and use of the pond are unchanged. All evaporative losses from the pond were augmented in Case No. 03CW307. Location: The new place of storage is within the Beaver Camp Pond No. 1, located in the SE ¼, SE ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 860 feet from the south section line and 1,236 feet from the east section line of said Section 31 (Pitkin County) and described above. See Exhibit “A” for maps of the reservoir. Amount: 0.09 acre-feet (out of the 1.4 acre-feet originally decreed) with the right to fill and refill when water is physically and legally available (0.0378 acre surface area). The contemplated draft of the changed amount of the Beaver Camp Pond No. 3 is 0.09 acre-feet of water. Name and address of owner of land on which structure is

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or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW307. Applicant seeks approval for the proposed changed place of storage to conform to its actual storage location within the Beaver Camp Pond No. 1. Sixth Claim: To Make Water Right Absolute. Name of structure: Beaver Camp Pond No. 3. Date of original Decree: April 5, 2005. Case No. 03CW307. Court: District Court, Water Division No. 5. Legal description: The pond is located in the SE ¼, SE ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 1,258 feet from the south section line and 958 feet from the east section line of said Section 31 (Pitkin County). If an off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Beaver Camp Ditch No. 1, with a capacity of 1.45 c.f.s. The point of diversion is described above. Source: Prince Creek, a tributary of the Crystal River and the Roaring Fork River. Appropriation date: February 25, 2003. Amount: 1.4 acre-feet, conditional, with the right to fill and refill when water is physically and legally available. Use: Piscatorial, recreational, fire fighting, aesthetic, and augmentation purposes. Surface area of high water line: 0.3 acre. Maximum height of dam: Under 10 feet. Length of dam: Approximately 127 feet. Total capacity of reservoir: 1.4 acre-feet. Active capacity: 1.4 acre-feet. Dead storage: 0.0 acre-feet. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: June 30, 2005. Amount: 0.84 acre-feet out of the 1.4 acre-feet originally decreed. Applicants request that the Court confirm a finding of reasonable diligence for the remaining conditional 0.47 acre-feet decreed to the Beaver Camp Pond No. 3. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW307. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW60 GRAND COUNTY, SOURCE: RANCH CREEK, FRASER RIVER, COLORADO RIVER. Application of Ranch Creek Ranch Owner’s Association for Finding of Reasonable Diligence and to Make Abs. in Part for Ranch Creek Ranch Residential Wells, Ranch Creek Ranch Spring, Ranch Creek Ranch Pond and the Ranch Creek Ranch Appropriative Right of Exchange in c/o Sara Dunn, BALCOMB & GREEN, P.C., Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. DILIGENCE: Decree entered 11/3/1997, 96CW347, Water Div. 5. Subsequent diligence: 03CW248 entered 4/23/2005. Decree entered in 02CW408 on 3/29/2004 added the RCR Pond Well as an additional source for filling Ranch Creek Ranch Pond. Structures: Ranch Creek Ranch Residential Wells. Well field of up to 24 residential wells within the Ranch Creek Ranch Subdivision, generally in NE1/4 Sec. 21, SE1/4 Sec. 16; SW1/4 Sec. 15, T1S, R75W, 6PM. Approp: 8/21/1996. Source: groundwater trib. to Ranch Creek, trib. to Fraser River. Approp. date: 8/21/1996. Amt: 15 gpm per well for dom., lawn irrigation of approx. 1250 s.f., watering of dom. animals, and watering of 1 horse per lot, 2 horses per duplex lot, fire protection, and street watering. Covenants adopted for the Ranch Creek Ranch Subdivision limit irrigation of landscaping to 750 s.f. per lot and no animals or poultry of any kind other than house pets without approval of the Board. Ranch Creek Ranch Spring. Decreed location: SW1/4 SW1/4 Sec. 15, T1S, R75W, 6PM approx. 330 ft. N. and 1,120 ft. E. SW Corner Sec. 15. Source: surface water trib. to Ranch Creek, trib. to the Fraser River. Approp: 8/21/1996. Amt: 0.5 cfs, cond. for rec., pisc., fish and wildlife propagation, fire protection, aug., exchange, and for filling and refilling Ranch Creek Ranch Pond. Ranch Creek Ranch Pond. Decreed location: The center of the pond is located in the SW1/4 SW1/4 Sec. 15, T1S, R75W, 6PM approx. 460 ft. N., 1,120 ft. E. SW Corner Sec. 15. Source: natural surface drainage trib. to Ranch Creek, trib. to the Fraser River; water flowing from Ranch Creek Ranch Spring; and the RCR Pond Well. Approp: 8/21/1996. Amt: 20 a.f., all active; surface area: 2.0 ac. for rec., pisc. wildlife propagation, fire protection, aug. and exchange. Ranch Creek Ranch Appropriative Right of Exchange. Colorado River, Fraser River, and Ranch Creek Ranch: Upstream termini: The uppermost point of influence on Ranch Creek where depletions associated with the Ranch Creek Ranch Residential Wells, Ranch Creek Ranch Spring, Ranch Creek Ranch Pond, and the RCR Pond Well affect the Creek, generally located in SE1/4 Sec. 16, T1S, R75W, 6PM. Downstream termini: The confluence of Muddy Creek and the Colorado River (Wolford Mountain water) located in NW1/4 NE1/4 Sec. 19, T1N, R80W 6PM, approx. 150 ft. from N. Sec. Line, 1975 ft. from E. Sec. Line. Approp: 8/21/1996, except that the approp. date for the exchange to the RCR Pond Well is 7/25/2002 decreed in 02CW408. Amt: 0.02 cfs. The water rights are part of an integrated water supply for Applicant’s residential subdivision. “When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” C.R.S. §37-92-301(4)(b). Applicant has diligently pursued development of the subject cond. water rights. A detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures, is contained within the Application on file with the Court. ABSOLUTE CLAIMS: Structures: Ranch Creek Ranch

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Residential Well No. 3, Permit No. 64151-F. First beneficial use: 11/1/2010. Well No. 3 is 297 ft. deep and located in the NW1/4 NE1/4 Sec. 21, T1S, R75W, 6PM 500 ft. from N. Sec. Line, 1420 ft. from E. Sec. Line Sec. 21. Place of use: Lot 3 Ranch Creek Ranch. Amt. 15 gpm. Ranch Creek Ranch Well No. 4, Permit No. 64442-F. First beneficial use: 4/1/2007. Well No. 4 is 146 ft. deep and is located in the NW1/4 NE1/4, 110 from N. Sec. Line, 1610 ft. from E. Sec. Line Sec. 21, T1S, R75W, 6PM. Place of use: within Lot 4 Ranch Creek Ranch. Amt: 15 gpm. Ranch Creek Ranch Well No. 5, Permit No. 64152-F. First beneficial use: 1/1/2008. Well No. 5 is 239 ft. deep and is located in the NW1/4 NE1/4 Sec. 21, T1S, R75W, 6PM 250 ft. from N. Sec. Line, 1650 ft. from E. Sec. Line Sec. 21. Place of use: within Lot 5 Ranch Creek Ranch. Amt: 10 gpm. Ranch Creek Ranch Well No. 6, Permit No. 71887. First beneficial use: 6/30/1974. Well No. 6 is 150 ft. deep and is located in the NW1/4 NE1/4 Sec. 21, T1S, R75W, 6PM 370 ft. from N. Sec. Line, 2000 ft. from E. Sec. Line Sec. 21. Place of use: within Lot 6 of Ranch Creek Ranch. Amt: 6 gpm. Remarks: Well No. 6 was drilled in 1974 under Well Permit No. 71887 and has been continuously beneficially used since that time. Ranch Creek Ranch Well No. 7, Permit No. 57529-F. First beneficial use: 3/25/2004. Well No. 7 is 195 ft. deep and is located in the NW1/4 NE1/4 Sec. 21, T1S, R75W, 6PM, 150 ft. from N. Sec. Line, 2440 ft. from E. Sec. Line Sec. 21. Place of use: within Lot 7 of Ranch Creek Ranch. Amt: 12 gpm. Ranch Creek Ranch Well No. 9, Permit No. 62129-F. First beneficial use: 5/15/2006. Well No. 9 is 194 ft. deep and located in the SW1/4, SE1/4 Sec. 16, T1S, R75W, 6PM, 2140 ft. from E. Sec. Line, 125 ft. from S. Sec. Line Sec. 16. Place of use: within Lot 9 of Ranch Creek Ranch. Amt: 10 gpm. Ranch Creek Ranch Well No. 10, Permit No. 64153-F. First beneficial use: 6/7/2007. Well No. 10 is 200 ft. deep and is located in the SW1/4 SE1/4 Sec. 16, T1S, R75W, 6PM, 500 ft. from S. Sec. Line, 1990 ft. from E. Sec. Line Sec. 16. Place of use: on Lot 10 of Ranch Creek Ranch. Amt: 14.8 gpm. Ranch Creek Ranch Well No. 12, Permit No. 62133-F. First beneficial use: 1975. Well No. 12 is 100 ft. deep and is located in the SE1/4 SE1/4 Sec. 16, T1S, R75W, 6PM, 840 ft. from E. Sec. Line, 412 ft. from S. Sec. Line Sec. 16. Place of use: within Lots 11, 12 and 13 Ranch Creek Ranch. Amt: 15 gpm. Remarks: Well No. 12 was drilled in 1975 under Well Permit No. 78135 and has been continuously beneficially used since that time. The well was re-permitted when the plan for augmentation was approved for the subdivision and operates pursuant to that plan. Ranch Creek Ranch Well No. 15, Permit No. 64154. First beneficial use: 4/1/2007. Well No. 15 is 260 ft. deep and is located in the SE1/4 SE1/4 Sec. 16, T1S, R75W, 6PM 150 ft. from S. Sec. Line, 200 ft. from E. Sec. Line Sec. 16. Place of use: within Lot 15 of Ranch Creek Ranch. Amt: 14.2 gpm. Ranch Creek Ranch Well No. 19, Permit No. 57620-F. First beneficial use: 2/1/2003. Well No. 19 is 210 ft. deep and is located in SE1/4 SE1/4 Sec. 16, T1S, R75W, 6PM, 800 ft. from S. Sec. Line, 50 ft. from E. Sec. Line Sec. 16. Place of use: within Lot 19 Ranch Creek Ranch. Amt: 9 gpm. Ranch Creek Ranch Well No. 20, Permit No. 62580-F. First beneficial use: 5/15/2006. Well No. 20 is 301 ft. deep and is located in the SE1/4 SE1/4 Sec. 16, T1S, R75W, 6PM, 150 ft. from E. Sec. Line, 1075 ft. from S. Sec. Line Sec. 16. Place of use: Lot 20 Ranch Creek Ranch. Amt: 10 gpm. Ranch Creek Well No. 23, Permit No. 60873-F. First beneficial use: 4/25/2005. Well No. 23 well is 200 ft. deep and is located in the SE1/4 SE1/4 Sec. 16, T1S, R75W, 6PM, 1000 ft. from S. Sec. Line, 850 ft. from E. Sec. Line Sec. 16. Place of use: within Lot 23 Ranch Creek Ranch. Amt: 12 gpm. Use: the Ranch Creek wells contained in these claims to make abs. have been placed to beneficial use for: dom., lawn irr., watering of dom. animals and fire protection. Ranch Creek Ranch Spring. Legal description: SW1/4 SW1/4 Sec. 15, T1S, R75W, 6PM 330 ft. N. and 1,120 ft. E. of the SW Corner Sec. 15. First beneficial use: 5/15/2006. Amt: 0.5 cfs for rec., pisc., fish and wildlife propagation, fire protection, aug., exchange, and for filling and refilling Ranch Creek Ranch Pond. Place of use: Within the Ranch Creek Ranch Subdivision. Ranch Creek Ranch Pond. Legal description: center of the pond is located in the SW1/4 SW1/4 Sec. 15, T1S, R75W, 6PM approx. 460 ft. N. and 1,120 ft. E. of the SW Corner Sec. 15. First beneficial use: 5/15/2006. Amt: 20 a.f., all active, filled with natural surface drainage and via the Ranch Creek Ranch Spring at a rate of 0.5 cfs, and the RCR Pond Well at a rate of 7.0 gpm for rec., pisc., fish and wildlife propagation, fire protection, aug. and exchange. Place of use: Within the Ranch Creek Ranch Subdivision. Ranch Creek Ranch Appropriative Right of Exchange. The exchange operated during periods when the Middle Park Water Conservancy District was releasing water from Wolford Mountain Reservoir for the benefit of Ranch Creek Ranch, including but not limited to, the period of 9/3-9/10/2010. Amt: 0.01 cfs. Owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: members of the Ranch Creek Ranch Owners Association, the Applicant herein. (20 pgs. 5 Ex.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW61 PITKIN COUNTY. THOMAS CREEK. Ranch I, LLC & Ranch IV, LLC, c/o Patrick, Miller & Kropf, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE. First Claim: To Make Water Right Absolute. Name of structure: Cow Camp Pipeline No. 1. Date of original Decree: April 5, 2005. Case No. 03CW322. Court: District Court, Water Division No. 5. Legal

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description: The headgate is located in the NE ¼, SE ¼ Section 36, Township 8 South, Range 87 West of the 6th P.M., approximately 1,920 feet from the south section line and 86 feet from the east section line of said Section 36 (Pitkin County). Source: Thomas Creek, a tributary of the Crystal River and the Roaring Fork River. Appropriation date: February 25, 2003. Amount: 2.0 c.f.s., conditional. Use: To fill the Cow Camp Pond for subsequent piscatorial, recreational, fire fighting, aesthetic, and augmentation purposes. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: October 19, 2007. Amount: 2.0 c.f.s., out of the 2.0 c.f.s. originally decreed. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant Ranch I, LLC. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW322. Second Claim: To Make Water Right Absolute. Name of structure: Homestead Pump Back Pipeline. Date of original Decree: April 5, 2005. Case No. 03CW322. Court: District Court, Water Division No. 5. Legal description: The headgate is located at the outlet of Homestead Pond No. 3 at a point in the SE ¼, NW ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 2,736 feet from the south section line and 1,862 feet from the west section line of said Section 31 (Pitkin County). Source: An intermittent unnamed draw tributary to Thomas Creek, a tributary of the Crystal River and the Roaring Fork River. This draw receives its supply from seeps, springs and irrigation return flow from the Bane Meadow, which are tributary to Thomas Creek, a tributary to the Crystal River and the Roaring Fork River. The Bane Meadow is generally located in the S ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. and the S ½ of the N ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. The Pump Back involved in this claim takes water from the outlet of Homestead Pond No. 3 and recirculates water to the inlet of Homestead Pond Nos. 1-3 described below. Appropriation date: February 25, 2003. Amount: 3.0 c.f.s., conditional. Use: To recirculate water into Homestead Pond Nos. 1-3 for subsequent piscatorial, recreational, fire fighting, and aesthetic purposes. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: June 30, 2005. Amount: 0.13 c.f.s., out of the 3.0 c.f.s. originally decreed. Applicants request that the Court confirm a finding of reasonable diligence for the remaining conditional 2.87 c.f.s. decreed to the Homestead Pump Back Pipeline. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant Ranch IV, LLC. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW322. Third Claim: To Make Water Right Absolute. Name of structure: Cow Camp Pond. Date of original Decree: April 5, 2005. Case No. 03CW322. Court: District Court, Water Division No. 5. Legal description: The pond is located in the NE ¼, SE ¼ Section 36, Township 8 South, Range 87 West of the 6th P.M., approximately 2,182 feet from the south section line and 620 feet from the east section line of said Section 33 (Pitkin County). If an off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Cow Camp Pipeline No. 1, with a capacity of 2.0 c.f.s. The point of diversion is described above; and an unnamed tributary of Thomas Creek (on-channel). Source: Thomas Creek, a tributary of the Crystal River and the Roaring Fork River. Appropriation date: February 25, 2003. Amount: 20.0 acre-feet, conditional. Use: Piscatorial, recreational, fire fighting, aesthetic, and augmentation purposes. Surface area of high water line: 2.0 acres. Maximum height of dam: 10 feet. Length of dam: Approximately 80 feet. Total capacity of reservoir: 20.0 acre-feet. Active capacity: 20.0 acre-feet. Dead storage: 0.0 acre-feet. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: October 19, 2007. Amount: 12.66 acre-feet, out of the 20.0 acre-feet originally decreed. Applicants request that the Court confirm a finding of reasonable diligence for the remaining conditional 7.34 acre-feet decreed to Cow Camp Pond. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant Ranch I, LLC. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW322. Fourth Claim: To Make Water Right Absolute. Name of structure: Homestead Camp Pond No. 1. Date of original Decree: April 5, 2005. Case No. 03CW322. Court: District Court, Water Division No. 5. Legal description: The pond is located in the SW ¼, NE ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 3,065 feet from the south section line and 2,781 feet from the west section line of said Section 31 (Pitkin County). If an off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: N/A. Source: The pond is on-channel receiving its supply from seeps, springs and irrigation return flow from the Bane Meadow, which are tributary to Thomas Creek, a tributary of the Crystal River and the Roaring Fork River. The Bane Meadow is generally located in the S ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. and the S ½ of the N ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. In addition, water is recirculated into this pond from the Homestead Pump Back Pipeline described above. Appropriation date: February 25, 2003. Amount: 3.5 acre-feet, conditional, with the right to fill and refill when water is physically and legally available. Use: Piscatorial, recreational, fire fighting, and aesthetic purposes. Surface area of high water line: 0.5 acre. Maximum height of dam: Under 10 feet. Length of dam: Approximately 80 feet. Total capacity of reservoir: 3.5 acre-feet, with the right to fill and refill when water is physically and legally available. Active capacity: 3.5 acre-feet. Dead storage: 0.0 acre-feet. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: June 30, 2005. Amount: 2.44 acre-feet, out of the 3.5 acre-feet originally decreed, with the right to fill and refill when water is physically and legally available. Applicants request that the Court confirm a finding of reasonable diligence for the remaining conditional 1.06 acre-feet decreed to Homestead Camp Pond No. 1. Name

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and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant Ranch IV, LLC. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW322. Fifth Claim: To Make Water Right Absolute. Name of structure: Homestead Camp Pond No. 2. Date of original Decree: April 5, 2005. Case No. 03CW322. Court: District Court, Water Division No. 5. Legal description of the reservoir dam: The pond is located in the SE ¼, NW ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 2,878 feet from the south section line and 2,311 feet from the west section line of said Section 31 (Pitkin County). If an off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: N/A. Source: The pond is on-channel receiving its supply from seeps, springs and irrigation return flow from the Bane Meadow, which are tributary to Thomas Creek, a tributary of the Crystal River and the Roaring Fork River. The Bane Meadow is generally located in the S ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. and the S ½ of the N ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. In addition, water is recirculated into this pond from the Homestead Pump Back Pipeline described above. Appropriation date: February 25, 2003. Amount: 7.7 acre-feet, conditional, with the right to fill and refill when water is physically and legally available. Use: Piscatorial, recreational, fire fighting, and aesthetic purposes. Surface area of high water line: 1.0 acre. Maximum height of dam: Under 10 feet. Length of dam: Approximately 220 feet. Total capacity of reservoir: 7.7 acre-feet, with the right to fill and refill when water is physically and legally available. Active capacity: 7.7 acre-feet. Dead storage: 0.0 acre-feet. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: June 30, 2005. Amount: 7.47 acre-feet, out of the 7.7 acre-feet originally decreed, with the right to fill and refill when water is physically and legally available. Applicants request that the Court confirm a finding of reasonable diligence for the remaining conditional 0.23 acre-feet decreed to Homestead Camp Pond No. 2. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant Ranch IV, LLC. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW322. Sixth Claim: To Make Water Right Absolute. Name of structure: Homestead Camp Pond No. 3. Date of original Decree: April 5, 2005. Case No. 03CW322. Court: District Court, Water Division No. 5. Legal description of the reservoir dam: The pond is located in the SE ¼, NW ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 2,703 feet from the south section line and 1,858 feet from the west section line of said Section 31 (Pitkin County). Source: The pond is on-channel receiving its supply from seeps, springs and irrigation return flow from the Bane Meadow, which are tributary to Thomas Creek, a tributary of the Crystal River and the Roaring Fork River. The Bane Meadow is generally located in the S ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. and the S ½ of the N ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. In addition, water is recirculated into this pond from the Homestead Pump Back Pipeline described above. Appropriation date: February 25, 2003. Amount: 1.2 acre-feet, conditional, with the right to fill and refill when water is physically and legally available. Use: Piscatorial, recreational, fire fighting, and aesthetic purposes. Surface area of high water line: 0.3 acre. Maximum height of dam: Under 10 feet. Length of dam: Approximately 87 feet. Total capacity of reservoir: 1.2 acre-feet, with the right to fill and refill when water is physically and legally available. Active capacity: 1.2 acre-feet. Dead storage: 0.0 acre-feet. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: June 30, 2005. Amount: 0.84 acre-feet, out of the 1.2 acre-feet originally decreed, with the right to fill and refill when water is physically and legally available. Applicants request that the Court confirm a finding of reasonable diligence for the remaining conditional 0.36 acre-feet decreed to Homestead Camp Pond No. 3. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant Ranch IV, LLC. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW322. Seventh Claim: To Make Water Right Absolute. Name of structure: Homestead Camp Pond No. 4. Description of conditional water right: Date of original Decree: April 5, 2005. Case No. 03CW322. Court: District Court, Water Division No. 5. Legal description of the reservoir dam: The pond is located in the NE ¼, SW ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 2,510 feet from the south section line and 1,460 feet from the west section line of said Section 31 (Pitkin County). Source: The pond is on-channel receiving its supply from seeps, springs and irrigation return flow from the Bane Meadow, which are tributary to Thomas Creek, a tributary of the Crystal River and the Roaring Fork River. The Bane Meadow is generally located in the S ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. and the S ½ of the N ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. Appropriation date: February 25, 2003. Amount: 0.6 acre-feet, conditional, with the right to fill and refill when water is physically and legally available. Use: Piscatorial, recreational, fire fighting, and aesthetic purposes. Surface area of high water line: 0.2 acre. Maximum height of dam: Under 10 feet. Length of dam: Approximately 110 feet. Total capacity of reservoir: 0.6 acre-feet, with the right to fill and refill when water is physically and legally available. Active capacity: 0.6 acre-feet. Dead storage: 0.0 acre-feet. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: June 30, 2005. Amount: 0.35 acre-feet, out of the 0.6 acre-feet originally decreed, with the right to fill and refill when water is physically and legally available. Applicants request that the Court confirm a finding of reasonable diligence for the remaining conditional 0.25 acre-feet decreed to Homestead Camp Pond No. 4. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant Ranch IV, LLC. Remarks: The subject

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water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW322. Eighth Claim: To Make Water Right Absolute. Name of structure: Homestead Camp Pond No. 5. Date of original Decree: April 5, 2005. Case No. 03CW322. Court: District Court, Water Division No. 5. Legal description of the reservoir dam: The pond is located in the NW ¼, SW ¼ Section 31, Township 8 South, Range 87 West of the 6th P.M., approximately 2,359 feet from the south section line and 1,140 feet from the west section line of said Section 31 (Pitkin County). Source: The pond is on-channel receiving its supply from seeps, springs and irrigation return flow from the Bane Meadow, which are tributary to Thomas Creek, a tributary of the Crystal River and the Roaring Fork River. The Bane Meadow is generally located in the S ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. and the S ½ of the N ½ of Section 31, Township 9 South, Range 87 West of the 6th P.M. Appropriation date: February 25, 2003. Amount: 0.4 acre-feet, conditional, with the right to fill and refill when water is physically and legally available. Use: Piscatorial, recreational, fire fighting, and aesthetic purposes. Surface area of high water line: 0.1 acre. Maximum height of dam: Under 10 feet. Length of dam: Approximately131 feet. Total capacity of reservoir: 0.4 acre-feet, with the right to fill and refill when water is physically and legally available. Active capacity: 0.4 acre-feet. Dead storage: 0.0 acre-feet. A detailed outline of work performed toward completion of the appropriation was included with the application. If claim to make absolute water applied to beneficial use: Date: June 30, 2005. Amount: 0.38 acre-feet, out of the 0.4 acre-feet originally decreed, with the right to fill and refill when water is physically and legally available. Applicants request that the Court confirm a finding of reasonable diligence for the remaining conditional 0.02 acre-feet decreed to Homestead Camp Pond No. 5. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant Ranch IV, LLC. Remarks: The subject water right is a component of an integrated water supply project involving each of the water rights described in this Application, and decreed in Case No. 03CW322. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW62 GARFIELD COUNTY. Cris Shaw, PO Box 2724, Glenwood Springs, CO 81602, c/o Loyal E. Leavenworth, Esq., Loyal E. Leavenworth, P.C., P.O. Box 1530, Carbondale, CO 81623. Application to Make Conditional Water Rights Absolute or in the Alternative Application for Finding of Reasonable Diligence. Name of structure: Horseshoe Acres Well No. 2. Date of original decree: March 24, 1993, in Case No. 94CW331, in the District Court in and for Water Div. 5. Subsequent decrees awarding findings of diligence: Case No. 01CW209, entered on April 7, 2005. Location: The Horseshoe Acres Well No. 2 is located in Section 26, Township 7 South, Range 89 West of the 6th P.M., distance from section lines 2,075 feet from N and 330 feet from W; street address: 8102 County Road 117, Glenwood Springs, in Garfield County, Colorado. Source: Groundwater tributary to Four Mile Creek, tributary to the Roaring Fork River. Appropriation date: March 24, 1993. Amount: 15 g.p.m., conditional. Use: Domestic, irrigation, fire protection and stock watering purposes. Claim to make absolute: Amount: 15 g.p.m. Date water first applied to beneficial use: June 2005. Amount of water applied to beneficial use: 15 g.p.m. Use: Irrigation. Description of place of use where water is applied to beneficial use: Lot 3 Colodny Exemption. In the alternative, claim for diligence: Applicant requests a finding of diligence for 15 g.p.m., conditional, for the Horseshoe Acres Well No. 2 for domestic, fire protection and stock watering purposes. The Application provides a detailed outline of what has been done towards the development of the conditional water right, including expenditures. The Horseshoe Acres Well No. 2 is located on Property owned by Applicant. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 11CW63 PITKIN COUNTY. SLAUGHTERHOUSE GULCH. Mary & David Solomon and Red Butte Ranch Homeowners’ Association, c/o Holland & Hart, LLP, Arthur B. Ferguson, Jr., Esq. and Alison E. Eastley, Esq., 600 E. Main Street, Suite 104, Aspen, CO 81611, (970) 925-3476 and Patrick, Miller & Kropf, P.C., Paul L. Noto, Esq. and Danielle L. Luber, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, TO MAKE ABSOLUTE IN PART, AND FOR CHANGE OF WATER RIGHT. First Claim: For Change of Water Right. Decreed water right for which change is sought: Little Red Butte Spring Ditch. Date of original Decree: June 18, 1982, Case No. 81CW508, District Court,

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Water Division 5. Subsequent Diligence Proceedings: Cases No. 03CW241, 96CW056, 89CW204 and 86CW145, District Court, Water Division 5. Decreed description: The decreed point of diversion is at a point whence the SE Corner of Section 35, Township 9 South, Range 85 West of the 6th P.M. bears North 17º West 1,063 feet. Source: Slaughterhouse Gulch, tributary to the Roaring Fork River and the Colorado River. Appropriation date: June 1, 1946. Amounts: 0.65 c.f.s. absolute for irrigation use (2.15 c.f.s. remains conditional); 0.29 c.f.s absolute for livestock watering use (2.21 c.f.s. remains conditional); and 2.5 c.f.s. conditional for domestic and piscatorial. Use: Domestic, irrigation, piscatorial, and livestock watering. Complete statement of change: Applicants request a change in point of diversion only to correct the decreed point of diversion for the Little Red Butte Spring Ditch described above. The requested change is to correct the decreed location of the ditch headgate, which is incorrect, to its as-built location. There are no intervening water rights between the decreed and as-built locations of the ditch. For a map illustrating the decreed and actual headgate locations see Exhibit “B”. Change in point of diversion: Decreed description: The decreed point of diversion is stated above. Legal description of actual as-built location: The as-built point of diversion is located in the NW ¼, NW ¼ of Section 1, Township 10 South, Range 85 West of the 6th P.M., approximately 2059 feet from the north section line and 665 feet from the west section line (Pitkin County). Amount of water that Applicants seek to change: 0.65 c.f.s. absolute for irrigation use; 2.15 c.f.s., conditional for irrigation use; 0.29 c.f.s absolute for livestock watering use; 2.21 c.f.s., conditional, for livestock watering use; and 2.5 c.f.s. conditional for domestic and piscatorial. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicants. Second Claim: To Make Water Right Absolute and for Finding of Reasonable Diligence. Name of structure: Little Red Butte Spring Ditch. Description of conditional water right: see above. A detailed outline of work performed toward completion of the appropriation was included with the application. Claim to make absolute: Date: June 15, 2007. Amount: 0.38 c.f.s., out of the 2.15 c.f.s. remaining conditional for irrigation use and 2.21 c.f.s remaining conditional for livestock watering use. Uses: Irrigation and livestock watering. Description of place of use where water is applied to beneficial use: Applicants’ properties. For a map of the irrigated acreage see Exhibit “B”. For a copy of the structure summary report and diversion records for the Little Red Butte Spring Ditch see Exhibit “A”. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicants. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 09CW180 GRAND COUNTY. AMENDED APPLICATION FOR WATER STORAGE RIGHTS AND SURFACE WATER RIGHT. 1. Name, Address and Telephone Number of Applicant. Grand Creek Ranch, LLC, P.O. Box 745214, Arvada, CO 80006-5214. All pleadings should be directed to Applicant’s attorneys in this matter: Steven E. Marlin, Esq. and Zach C. Miller, Esq., Davis Graham & Stubbs LLP, 1550 17th Street, Suite 500, Denver, CO 80201-0185303-892-9400. 2. General Description of Amended Application. Grand Creek Ranch, LLC (“Applicant”) filed an Application for Water Storage Rights, Surface Water Rights and Approval of Plan for Augmentation Including Exchange (“Original Application”) in this matter on December 28, 2009. The Original Application claimed conditional storage rights associated with the two on-channel reservoirs identified in paragraph 3 below and a conditional direct surface flow right, identified in paragraph 12 below, and requested approval of a proposed plan for augmentation including exchange utilizing these two reservoirs and the direct surface flow right. Following further technical and feasibility analyses and discussions with the Division Engineer’s Office (“Division Engineer”), Applicant has withdrawn its claims and requests in the Original Application for hydroelectric power use associated with the Upper Grand Creek Ranch Reservoir, irrigation use associated with the Lower Grand Creek Ranch Reservoir, the right to reuse and successively use the water to extinction, and the proposed plan for augmentation including exchange. This Amended Application for Water Storage Rights and Surface Water Right (“Amended Application”) supersedes the Original Application and reflects the withdrawal of those specific claims and requests. This Amended Application also corrects the Quarter Quarter section identified for the Lower Grand Creek Ranch Reservoir and the Range number identified for the Grand Creek Ranch Pump Station in the Original Application. The corrected legal descriptions for these two structures are set forth below. Except for changes related to those noted withdrawn claims and the corrected legal descriptions, no other aspects of the Original Application have been changed. APPLICATION FOR WATER STORAGE RIGHTS. 3. Names of Reservoirs. A. Upper Grand Creek Ranch Reservoir. B. Lower Grand Creek Ranch Reservoir. 4. Legal Descriptions of Locations of Dams. A. Upper Grand Creek Ranch Reservoir: The Upper Grand Creek Ranch Reservoir is an on-channel structure. The Upper Grand Creek Ranch Reservoir dam crosses Skylark Creek in the NW¼ NW¼ of Section 20, Township 1 South, Range 78 West of the 6th Principal Meridian, 1100 feet from the North section line and 560 feet from the West section line of said Section 20. See Figure 1 attached hereto, delineating the location of Upper Grand Creek Ranch Reservoir. B. Lower Grand Creek Ranch Reservoir: The Lower Grand Creek Ranch Reservoir is an on-channel structure. The Lower Grand Creek Ranch Reservoir dam crosses Skylark

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Creek in the SW¼ NW¼ of Section 17, Township 1 South, Range 78 West of the 6th Principal Meridian, 2500 feet from the North section line and 150 feet from the West section line of said Section 17. See Figure 1 attached hereto, delineating the location of Lower Grand Creek Ranch Reservoir. 5. Source. A. Upper Grand Creek Ranch Reservoir: Skylark Creek, a tributary to the Williams Fork River, a tributary to the Colorado River. B. Lower Grand Creek Ranch Reservoir: Skylark Creek, a tributary to the Williams Fork River, a tributary to the Colorado River. 6. Dates of Appropriation, Method of Initiation of Appropriation, and Date of Application of Water to Beneficial Use. A. Dates and Methods of Initiation of Appropriation: (1) Upper Grand Creek Ranch Reservoir: August 26, 2008, by formation of intent to appropriate together with overt acts manifesting a first step towards appropriation, including formulation of a plan to develop an irrigation system that incorporates the Upper Grand Creek Ranch Reservoir as an essential component of such system. (2) Lower Grand Creek Ranch Reservoir: August 26, 2008, by formation of intent to appropriate together with overt acts manifesting a first step towards appropriation, including formulation of a plan to use such Reservoir for its claimed beneficial uses. B. Dates Water Applied to Beneficial Use: (1) Upper Grand Creek Ranch Reservoir: Not applicable. (2) Lower Grand Creek Ranch Reservoir: Not applicable. 7. Amounts Claimed. A. Upper Grand Creek Ranch Reservoir: 31.0 acre-feet, CONDITIONAL, with a right to refill repeatedly when such Reservoir is in priority and to the extent storage space is available. B. Lower Grand Creek Ranch Reservoir: 3.5 acre-feet, CONDITIONAL, with a right to refill repeatedly when such Reservoir is in priority and to the extent storage space is available. 8. Uses or Proposed Uses. A. Upper Grand Creek Ranch Reservoir: Stock water, in-place wildlife watering, piscatorial, recreation, and irrigation of 240 acres located in Sections 19 and 20, Township 1 South, Range 78 West, 6th P.M. See Figure 1 attached hereto which delineates in more detail the location of the acreage to be irrigated. B. Lower Grand Creek Ranch Reservoir: Stock water, piscatorial and recreation. 9. Surface Areas of High Water Lines, and Vertical Heights and Lengths of Dams. A. Upper Grand Creek Ranch Reservoir: The expected total surface area is 3.6 acres. The expected dam height is 26 feet, and the expected dam length is 250 feet. B. Lower Grand Creek Ranch Reservoir. The expected total surface area is 0.87 acres. The expected dam height is 10 feet, and the expected length of the dam is 300 feet. 10. Total Capacities of Reservoirs. A. Upper Grand Creek Ranch Reservoir: 31.0 acre feet, expected total and active capacity. B. Lower Grand Creek Ranch Reservoir: 3.5 acre-feet, expected total and active capacity. 11. Names and Addresses of Owners of Land on Which Reservoirs Will Be Located. Record Owner: Grand Creek Ranch, LLC, P.O. Box 745214, Arvada, CO 80006-5214. APPLICATION FOR SURFACE WATER RIGHT. 12. Name of Structure. Grand Creek Ranch Pump Station. 13. Legal Description of Point of Diversion. The Grand Creek Ranch Pump Station will be located on Skylark Creek in the Upper Grand Creek Ranch Reservoir in the NW¼ NW¼ of Section 20, Township 1 South, Range 78 West of the 6th Principal Meridian, 1150 feet from the North section line and 560 feet from the West section line of said section 20. See Figure 1 attached hereto which delineates the location of Grand Creek Ranch Pump Station. 14. Source. Skylark Creek, a tributary of the Williams Fork, a tributary of the Colorado River. 15. Dates of Appropriation, Method of Initiation of Appropriation, and Date of Application of Water to Beneficial Use. A. Date and Method of Initiation of Appropriation: August 26, 2008, by formation of intent to appropriate together with overt acts manifesting a first step towards appropriation, including formulation of a plan to develop an irrigation system comprising of the Upper Grand Creek Ranch Reservoir and the Grand Creek Ranch Pump Station. B. Date of Application of Water to Beneficial Use: Not applicable. 16. Amount Claimed. 3.0 cubic feet per second, CONDITIONAL. 17. Use or Proposed Use. Irrigation of 240 acres located in Sections 19 and 20, Township 1 South, Range 78 West, 6th P.M. See Figure 1 attached hereto. The Grand Creek Ranch Pump Station will pump water from the Upper Grand Creek Ranch Reservoir. The water pumped will come from direct flows and stored Upper Grand Creek Ranch Reservoir water (diverted flows from Skylark Creek into the Reservoir). 18. Names and Addresses of Owners of Land on Which Point of Diversion Will Be Located. Record Owner: Grand Creek Ranch, LLC, P.O. Box 745214, Arvada, CO 80006-5214. (7 pages.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2011. 10CW239 (PITKIN, OWL CREEK, SPRING CREEK, WEST WILLOW CREEK, WATER DIST. 38) Applicants: Owl Creek Ranch Homeowners’ Association, East Owl Creek Homeowners’ Association and Garry Snook, c/o Rhonda J. Bazil, Rhonda J. Bazil, P.C., 230 E. Hopkins Ave., Aspen, CO 81611 (970) 925-7171; ; East Owl Creek Homeowners’ Association, c/o Patrick, Miller & Kropf, P.C., 730 East Durant Ave., Suite 200, Aspen, Colorado 81611 (970) 920-1028 . Structure: Mitchell Development Corp. Well C. AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE. Paragraph 3.c.iii. is amended to read as follows: Mitchell Development Corporation Well C is located in the NW1/4, NE1/4 of Section 4, Township 10 South, Range 85 West of the Sixth P.M. at a point 550 feet South of the North line and 2875 feet East of the West line of said Section 4. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2011 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part

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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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.