PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGESCOMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATERCLERK FOR WATER DIVISION 5 DURING THE MONTH OF MARCH 2002.

1. 02CW059 GRAND COUNTY - COLORADO RIVER. Town of Fraser, P.O. Box 120, Fraser, CO. 80442, c/o Stanley W.Cazier, P.O. Box 500, Granby, CO., 80446, 970-887-3376. APPLICATION FOR FINDING OF REASONABLE DILIGENCEFOR EXCHANGE. Name of Structure: Fraser Well Nos. 1, 2, 3(a), 3(b), 4, 5, 7, 8, and 9. Source: Fraser and Colorado Rivers.Location to which exchange is to be made to the point of diversions described as follows: (1) Fraser Well No. 1 is located in theSE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 1,550 feet South of the North line and 450 feetWest of the East line of said Section 19. (2) Fraser Well No. 2 is located in the NE1/4NE1/4 of Section 19, Township 1 South, Range75 West of the 6th P.M. at a point 950 feet South of the North line and 325 feet West of the East line of said Section 19. (3) FraserWell No. 3(a) is located in the SE1/4NE1/4 of Section19, Township 1 South, Range75 West of the 6th P.M. at a point 2,380 feet Southof the North line and 300 feet West of the East line of said Section 19. (4) Fraser Well No. 3(b) is located in the SE1/4NE1/4 ofSection 19, Township 1 South, Range 75 West of the 6th P.M. at a point 2,020 feet South of the North line and 635 feet West of theEast line of said Section 19. (5) Fraser Well No. 4 is located in the NE1/4NE1/4 of Section 19, Township 1 South, Range 75 West ofthe 6th P.M. at a point 475 feet South of the North line and 375 feet West of the East line of said Section 19. (6) Fraser Well No. 5 islocated in the NE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 50 feet South of the North lineand 475 feet West of the East line of said Section 19. (7) Fraser Well No. 7 is located in the NE1/4NE1/4, Section 19, Township 1South, Range 75 West of the 6th P.M. at a point 850 feet South of the North line and 770 feet West of the East line of said Section 19.(8) Fraser Well No. 8 is located in the NE1/4NE1/4, Section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 280 feetSouth of the North line and 880 feet West of the East line of said Section 19. (9) Fraser Well No. 9 is located in the NW1/4NE1/4,Section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 360 feet South of the North line and 1,470 feet West of theEast line of said Section 19. The water right decreed is for an Appropriative Right of Exchange with Town of Fraser contracting withMiddle Park Water Conservancy District to replace its depletions at these locations by water from Windy Gap Reservoir and GranbyReservoir, Grand County, Colorado, by virtue of Windy Gap agreements CA. 1768 and 85CW135. Use: All uses as decreed to saidstructures. Type of Structure: Wells and reservoir. Quantity: 25 acre feet of consumptive use. Appropriation Date: 7/19/1985.Original Decree: October 25, 1989, Case No. 85CW337. Additional Information: The application contains a detailed outline of thework performed during the diligence period. (8 pages)

2. 02CW60 GRAND COUNTY-COLORADO RIVER. Raymond C. & Diane Phillips; P.O. Box 42; Grand Lake, CO 80447970-627-8520. Phillips Well – Application for Underground Water Right. Location: SW1/4NE1/4, Sec. 12, T.3N., R. 76W., 6th P.M.,1, 680 ft. from north sec. line and 1,370 ft. from east sec. line. Appropriation: July 7, 1984. Amount: 11 gpm, absolute. Use: householduse only plus fire protection. An outline of previous improvements made is included in the application. (8 pages)

3. 02CW61 MESA COUNTY – GROVE CREEK, A TRIBUTARY OF THE COLORADO RIVER. 1. The Applicant isCharles A. Micale, P.O. Box 4027, Englewood CO 80155-4027, telephone (303) 660-0917. His attorney is Aaron R. Clay, Box 38,Delta CO 81416, phone (970) 874-9777. 2. The Applicant is the owner of the MICALE COMMERCIAL WELL. It is located in theNW1/4 NW1/4 of Section 18, Township 10 South, Range 94 West, 6th P.M., at a point approximately 1200 feet from the WestSection line and 800 feet from the North Section line. In case 92CW271, Applicant was granted a conditional right in the well for100 g.p.m. for domestic use in up to 150 houses, with appropriation date August 15, 1995. Applicant has filed an Application forFinding of Diligence and to Make Absolute. Applicant states that the well has been developed and its water used, to the extent of 100g.p.m., in 14 single family residences for domestic use. (2 pages)

4. 02CW62 ROUTT COUNTY. ELK CREEK, RED DIRT CREEK, EGERIA CREEK, ROCK CREEK. King CreekRanch Agricultural of Wyoming, LLC, and Leroy Kirby, Patrick, Miller & Kropf, P.C., Scott C. Miller, Esq., 730 East Durant Ave.,Suite 200, Aspen, Colorado 81611, (970) 920-1028 and Leroy Kirby, P.O. Box 656, McCoy, Colorado 80463, (303) 653-4216.Application to Make Water Rights Absolute and for Finding of Reasonable Diligence. FIRST CLAIM – REFILL RIGHT. Name ofstructure: Grimes-Brooks Reservoir Second Enlargement Refill Right. Description of conditional water right from previous decrees:Date of original Decree: October 12, 1988, Case No. 87CW384, Water Division 5. Location: Grimes-Brooks Reservoir SecondEnlargement Refill Right is located in portions of the S1/2SW1/4 of Section 4, SE1/4SE1/4 of Section 5, and the N1/2NW1/4 ofSection 9, all in Township 1 South, Range 84 West of the 6th P.M., and the initial point of the survey of said Reservoir which is a pointon the Northeasterly end of the dam at a high water line is located at a point whence the North Quarter Corner of Section 10,Township 1 South, Range 84 West of the 6th P.M. bears North 86º42’ East, 6355 feet. Source: Elk Creek through the Grimes-BrooksFeeder Ditch No. 2, Red Dirt Creek through the Grimes-Brooks Feeder Ditch No. 2, and the Egeria Creek through the Grimes BrooksIntake Ditch. Appropriation date: August 31, 1985. Amount: 426 acre feet, conditional. Use: Irrigation of 200 additional acres of land,wildlife, piscatorial, recreation, domestic and hydroelectric power. SECOND CLAIM – DIRECT FLOW RIGHT Name of structure:Grimes-Brooks Reservoir Intake Ditch Enlargement. Description of conditional water right from previous decrees: Date of originalDecree: October 12, 1988, Case No. 87CW384, Water Division 5. Location: Grimes-Brooks Reservoir Intake Ditch Enlargement islocated at a point whence the North Quarter Corner of Section 10, Township 1 South, Range 84 West of the 6th P.M. bears South79º13’ East, 10,180 feet. Source: a tributary to Egeria Creek, tributary to Rock Creek, tributary to the Colorado River. Appropriationdate: August 31, 1985. Amount: 14.66 c.f.s, conditional. Use: Irrigation of 200 additional acres of land, wildlife, piscatorial,

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recreation, domestic and hydroelectric power. THIRD CLAIM – DIRECT FLOW RIGHT Name of structure: Grimes-BrooksReservoir Feeder No. 2 Enlargement. Description of conditional water right from previous decrees: Date of original Decree: October12, 1988, Case No. 87CW384, Water Division 5. Location: The Grimes Brooks Feeder Ditch No. Enlargement is located at thefollowing points of diversion: Headgate No. 1: Located at a point on the East bank of Elk Creek whence the East Quarter Corner ofSection 17, Township 1 South, Range 84 West of the 6th P.M. bears South 64º15’ East 1050 feet. Headgate No. 2: Located at a pointon the North bank of a tributary to Red Dirt Creek whence the East Quarter Corner of Section 17, Township 1 South, Range 84 Westof the 6th P.M. bears South 18º20’ West 3180 feet. Source: Elk Creek at Headgate No. 1 and Red Dirt Creek at Headgate No. 2, bothtributary to Rock Creek, tributary to the Colorado River. Appropriation date: August 31, 1985. Amount: 13.32 c.f.s., conditional. Use:Irrigation of 200 additional acres of land, wildlife, piscatorial, recreation, domestic and hydroelectric power. Detailed outline of workperformed toward completion of the appropriation and application of water to the conditional uses decreed during the relevantdiligence period, including expenditures: The subject water right is used as a part of a integrated water supply system, which system isdesigned to provide an adequate water supply to the King Creek Ranch and Leroy Kirby. Development activities include theconstruction of infrastructure to transport the water from the Grimes-Brooks Reservoir Enlargement to irrigate an additional 200 acresof hay meadows and pasture owned by King Creek Ranch and Leroy Kirby, including inlet and outlet structures, extension of the 10”pipeline. During the diligence period, Applicants spent thousands of dollars in developing and protecting these conditional waterrights. Applicants have retained the services of Kerry Sundeen, at Enartech, Inc. for water right planning and engineering, including anassessment of irrigation use associated with the Grimes-Brooks Reservoir and other Red Dirt Creek water rights owned by Applicants.Additionally, the Applicant retained the undersigned counsel in conjunction with water supply planning and monitoring of water rightapplications which could impact the subject water right and filed Statements of Opposition to protect these water rights. If claim tomake absolute, date, use and amount of water applied to beneficial use: Grimes-Brooks Reservoir Second Enlargement Refill Right.Date: June 15, 1992. Use: irrigation of 60 acres, wildlife, piscatorial, and recreation. Amount: 128 acre feet. Grimes-Brooks ReservoirIntake Ditch Enlargement: Date: June 15, 1992. Use: Filling of the Grimes-Brooks Reservoir Second Enlargement Refill Right.Amount: 14.66 c.f.s. Grimes-Brooks Feeder Ditch No. 2 Enlargement: Date: June 15, 1992. Use: Filling of the Grimes-BrooksReservoir Second Enlargement Refill Right. Amount: 13.32 c.f.s. Previous Diligence Proceedings: Case No. 94CW247, WaterDivision No. 5. (6 pages)

5. 02CW63 Garfield County-Four Mile Creek, Roaring Fork River. William L. Flood, c/o Leavenworth & Karp, P.C., P.O.Drawer 2030, Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence. Name of structure: Flood Well No. 2.Date of original decree: March 27, 1997, in Case No. 95CW116, in the District Court in and for Water Division No. 5. Location: TheFlood Well No. 2 is located in the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 7 South, Range 89 West of the 6th P.M.,at a point 890 feet North of the South section line and 790 feet East of the West section line of said Section 3. Source: Groundwatertributary to Four Mile Creek, tributary to the Roaring Fork River. Appropriation date: June 1, 1995. Amount: 15 g.p.m., conditional.Use: Domestic use inside one single-family dwelling and up to 3,500 square feet of lawn and garden irrigation. The Applicationprovides a detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use asconditionally decreed. (4 pages)

6. 02CW64 Garfield County; Fisher Creek, Cattle Creek and Roaring Fork River. Louis and Cynthia Meyer, c/oLeavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Surface Water Rights and Applicationfor Plan for Augmentation. First Claim; Application for Surface Water Rights. Name of structure: Fisher Creek Diversion and PumpStation. The Fisher Creek Diversion and Pump Station is located in the NW1/4 NW1/4 SW1/4 of Section 11, Township 7 South,Range 88 West of the 6th P.M., at a point 100 feet East of the West section line and 2,200 feet North of the South section of saidSection 11. Source: Fisher Creek, tributary to Cattle Creek, tributary to the Roaring Fork River. Appropriation date: May 6, 2000.How appropriation was initiated: By the installation of a pump and application of water to beneficial use. Date water applied tobeneficial use: May 6, 2000. Amount: 50 g.p.m., absolute. Use: Irrigation of up to 1.5 acres of pasture grasses. Number of acreshistorically irrigated: 1.5 acres. Legal description of acreage: Up to 1.5 acres of land located in Parcel 5, Hunt Exemption Subdivision,situated in Lot 9 of Section 10 and Lot 6 of Section 11, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado.A map showing the irrigated acreage is included in the engineering report attached to the Application as Exhibit A. Name and addressof owner of land in which structure is located: Applicants. Second Claim; Application for Approval of Plan for Augmentation.Structure to be augmented: Fisher Creek Diversion and Pump Station. Water rights to be used for augmentation: Park Ditch andReservoir Company. Pursuant to a contract with the Carbondale Land Development Corporation (“CLDC”), the Applicants are theowners of an option to perpetually lease 3.0 acre-feet of historic consumptive use decreed in Case No. 79CW097, Water Division No.5. The 3.0 acre-feet of adjudicated consumptive use is derived from water rights decreed to the Park Ditch and Reservoir Company.The Park Ditch and Reservoir Company diverts water from Cattle Creek under the following water rights:

PARK DITCH WATER RIGHTS

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Ditch DecreedAmount

Priority No. DecreedLocationSec. 7, T.7 S.,

R. 87 W.

AdjudicationDate

Appropriation C.A.

Park DitchPark DitchPark DitchPark Ditch

9.04.11.82.0

221A232

221A232

NW/SW/SENW/SW/SENW/SW/SENW/SW/SE

6/26/19136/9/19164/16/19179/5/1918

9/12/19047/1/1912

9/12/19047/1/1912

1627182116271973

Direct flow diversions under the shares in the Park Ditch and Reservoir Company are supplemented by releases from ConsolidatedReservoir. This reservoir operates under the following decreed priorities:

CONSOLIDATED RESERVOIR WATER RIGHTS

Structure DecreedAmount

Priority No. DecreedLocationSec. 19,T. 6 S.,

R. 87 W.

AdjudicationDate

AppropriationDate

C.A.

Con. Res.Con. Res.Con. Res.

595.0 AF285.6 AF401.0 AF

8B678654

NE/NENE/NENE/NE

2/15/19216/20/195811/5/1971

9/8/18989/1/19489/1/1948

214446135884

Historic use: The historic use associated with Applicants’ 3.0 acre-feet of historic consumptive use was adjudicated and determined inCase No. 79CW097, in the District Court in and for Water Division No. 5. Statement of plan for augmentation, covering all applicablematters under C.R.S. §37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to beestablished or changed by the plan. The Applicants’ residence is located at 3648 County Road 113 (Cattle Creek Road), approximatelyfour miles upstream of the confluence of Cattle Creek and the Roaring Fork River. The Applicants’ legal water supply for their in-house, reservoir storage and outside yard irrigation was decreed in Case No. 89CW199. The Applicants’ propose to provide for a legalwater supply for additional pasture irrigation on their property. The pasture irrigation will consist of Pasture Nos. 1 and 2. PastureNo. 1 will consist of .75 acres and Pasture No. 2 will consist of .75 acres, for a total acreage of 1.5 acres. The Applicants havecalculated the water requirements to irrigate the 1.5 acres of pasture grasses. Approximately 3.73 acre-feet will be applied annuallyfor both pastures. Assuming an irrigation efficiency of eighty percent (80%), of this amount, approximately 2.99 acre-feet will beannually consumed. Table 1 attached to the engineering report sets forth the Blaney-Criddle consumptive use calculations. Table 2attached to the engineering report set forth the augmentation water requirements. During the months of May through October,inclusive (the “irrigation season”), augmentation water will be provided under the Applicants’ contract with CLDC. The above-described augmentation plan will allow for the uninterrupted diversions of the Fisher Creek Diversion and Pump Station, and willprevent injury to other vested and decreed conditional water rights. (12 pages)

7. 02CW65 (95CW216) MESA COUNTY-WEST SALT WASH. Marvin J. McWhorter; 1685 Arroyo Ct.; Mack, CO 81525970-858-7449. Loralee Pumping Station-Application for Finding of Diligence. Location: NW1/4NW1/4 of Sec. 29, T.9S., R.103W.,6th P.M. 700 ft. from north sec. line and 1 ft. from west sec. line. Appropriation: December 17, 1976. Amount: 5.0 cfs, conditional.Use: irrigation, fish propagation, recreation, livestock water and domestic purposes. An outline of activities performed during thediligence period is included in the application. Landowner of property on which structure is located: BLM, Grand Jct. ResourceCenter, 2815 H Rd., Grant Junction, CO 81506. (5 pages)

8. 02CW66 MESA COUNTY-PRECIPITATION RUNOFF AND SEEPAGE FROM GRAND VALLEY WATERUSERS HIGHLINE CANAL, TRIBUTARY TO PERSIGO WASH, TRIBUTARY TO THE COLORADO RIVER. Thomas A.Cronk & Patti J. Standard-Cronk; 1129 24 Rd.; Grand Junction, CO 81505 970-245-0577. Cronk Property Seepage Draw –Application for Water Rights (Surface). Location: a point in the NE1/4 of the SW1/4 of Sec. 9, T. 1N., R. 1W., Ute P.M., from whichpoint the SW corner of the NE1/4 of the SW1/4 of said Sec. 9 bears S49deg6’11”W, 1033.65’, and considering the south line of theNE1/4 of the SW1/4 of Sec.9 to bear S89deg42’18”E and all other bearings contained herein to be relative thereto. Appropriation:October 1, 2001; Amount: 1.0 cfs, conditional. Use: ponds, cattails, willows, Russian Olives, Cottonwoods and native grass forwildlife habitat. (3 pages)

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9. 02CW67 MESA COUNTY-EAST SALT CREEK. Lynn & Kimberly Phillips; 906 R Rd.; Mack, CO 81525 970-858-0249; Carla DeKoatz; 920 R. Rd.; Mack, CO 81525 970-858-7266. Daniels Pump and Pipeline-Protest to Revised Abandonment List.Location: SW1/4SW1/4 of Sec. 15, T.9S., R. 103W., 6th P.M. 408 ft. from north sec. line and 664 ft. from west sec. line.Appropriation: December 21, 1974. Decreed amount: 3.0 cfs. Amount listed as having been abandoned: 2.75 cfs. Use: irrigation. Adetailed outline of the basis for this protest is included. (4 pages)

10. 02CW68 MESA COUNTY-MESA CREEK. Mesa Creek Reservoir & Canal Co.; c/o Robert G. Schlenzig, President; 7040Hwy. 65, Box 89; Mesa, CO 81643 970-268-5272. Mesa Creek Reservoir #3 a/k/a Mesa Lake-Protest to Revised Abandonment List.Location: NW1/4SW1/4 of Sec. 35, T.11S., R.96W., 6th P.M. 1,900 ft. from south sec. line and 4,025 ft. from east sec. line.Appropriaton: August 20, 1890. Decreed Amount: 330 af. Amount listed as having been abandoned: 91.12 af. Use: irrigation. Anoutline of basis for protest is included.(5 pages)

11. 02CW69 GLENWOOD HOT SPRINGS LODGE AND POOL, INC., P.O. Box 308, Glenwood Springs, CO 81602, Attn:Kjell Mitchell (970) 945-2846, C/O Brownstein Hyatt & Farber, P.C., Attn: James S. Lochhead, 715 Grand Avenue, Suite C, P.O.Box 357, Glenwood Springs, Colorado 81602, and C/O Brownstein Hyatt & Farber, P.C., Attn: Connie Peterson and Avra O. Morgan,410 Seventeenth Street, 22nd Floor, Denver, Colorado 80202-4437. APPLICATION FOR A FINDING OF REASONABLEDILIGENCE, IN GARFIELD COUNTY. 1. Name of structure: Mammoth Yampa Hot Spring First Enlargement. 2. Description ofconditional water right: A. Date of original decree: March 11, 1996, Case No.: 94CW167, Court: District Court, Water Division 5.B. Legal description: Located at a point on the northerly bank of the Colorado River whence the witness corner to the SouthwestCorner of Section 10, Township 6 South, Range 89 West of the Sixth Principal Meridian bears S. 06° 01' E. a distance of 3,543.6 feet.C. Source: Underground water, through surface springs, tributary to the Colorado River. D. Appropriation date: April 15, 1891.E. Amount: 1.14 c.f.s. F. Proposed use: Bathing, healing, swimming, medicinal and other beneficial purposes such as the heating ofhomes and the heating of a greenhouse. 3. Integrated System: Glenwood Hot Springs Lodge and Pool, Inc. ("Applicant") seeks afinding that the Mammoth Yampa Hot Spring First Enlargement water right (the "Subject Water Right") is part of an integratedsystem or project used and developed by Applicant in connection with the property owned by the Applicant, including all water rightsowned by the Applicant and pertaining to the Mammoth Hot Spring, Mineral Hot Springs, the Hot Springs Pipeline and the SmallYampa Spring (collectively, including the Subject Water Right, referred to as the "Hot Springs Pool Water Rights"), such that, for thepurposes of showings of reasonable diligence with respect to the Subject Water Right, work performed and expenses incurred inconnection with any of said facilities or the Hot Springs Pool Water Rights shall be considered to be in furtherance of the developmentof the Subject Water Right. 4. Outline of work completed and expenditures made during the diligence period toward completion ofappropriation and application of water to beneficial use: The diligence period for the Subject Water Right commenced March 11,1996. Since this time, Applicant has expended over a million dollars in furtherance of the development of the Hot Springs Pool WaterRights. Some of the activities undertaken by Applicant which support this application for reasonable diligence are described below.The below described activities are a summary of the scope and types of activities undertaken by the Applicant in the development ofthe Subject Water Right. Applicant reserves the right to introduce other evidence not set forth herein in support of this application.A. New water rights applications: In 1996, Applicant obtained a decree in Case No. 95CW210 for a plan for augmentation to replaceout of priority depletions associated with all uses of each of the Hot Springs Pool Water Rights. On December 27, 1999, Pitkin IronCorporation filed a motion to re-open the decree in Case No. 95CW210, resulting in litigation that is still pending as of the date of thisapplication. In 1999, Applicant filed an application in Case No 99CW189 for cooling water to be provided to Applicant by the City ofGlenwood Springs (the "City") in connection with an agreement with the City. B. Improvements to infrastructure: In 1998, Applicantperformed a cost estimate and preliminary design for a collection and conveyance system for the Hot Springs Pool Water Rights.Since then, Applicant has completed construction of one such collection structure. Between 1996 and 1999, Applicant planned andcompleted a major reconstruction of the Glenwood Hot Springs Lodge and Pool ("Pool") decks and pipelines under the Pool facilitiesto increase the efficiency of use of the Hot Springs Pool Water Rights in connection with the operation of the Pool. Between 1997 and1999, Applicant completed the installation of heat exchangers. During this period, Applicant also developed an overall automationproject, allowing for the measurement of chlorine, water flow and water temperature at the Pool, and has increased operation of therecirculation system, both of which have increased the efficiency of the overall Pool operation. C. Negotiations and agreements withmunicipal and private entities in furtherance of the development of the Hot Springs Pool Water Rights: During the diligence period,Applicant negotiated an agreement with the City of Glenwood Springs to enable Applicant to use the City's pipeline crossing theColorado River to facilitate use of the Hot Springs Water Rights. Applicant also negotiated an agreement with the City during thisperiod for the construction of a raw water intake to be used to deliver cold water from the City's water supply for use in cooling waterpumped under the Hot Springs Pool Water Rights. In 1997 and 1998, Applicant engaged in negotiations with the City and theColorado Department of Transportation ("CDOT") regarding CDOT's construction of the Grand Avenue Bridge, to ensure that suchwork would not disrupt the geothermal aquifer that is the source of the Hot Springs Pool Water Rights. Also during the diligenceperiod, Applicant engaged in negotiations with Pitkin Iron Corporation regarding a possible joint venture for the development of awater park on Pitkin Iron property, which would have resulted in additional development of the geothermal aquifer that is the sourceof the Hot Springs Pool Water Rights. Finally, Applicant also engaged in extensive negotiations with Environmental Utilities during

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the diligence period regarding the potential development of a salt removal and energy cogeneration facility, which negotiations wereaimed at the long term protection, utilization and development of the Hot Springs Pool Water Rights. D. Engineering workundertaken in furtherance of the protection and development of the Hot Springs Pool Water Rights: In 1998, Applicant developed anoperations manual for the Pool which has increased the efficiency with which the Hot Springs Pool Water Rights are used. Applicanthas monitored salinity issues in the Colorado River Basin throughout the diligence period, which issues affect Applicant's costs intreating water pumped under the Hot Springs Pool Water Rights. Also during the diligence period, Applicant undertook an analysis ofthe development of a geothermal management district. Throughout the diligence period, Applicant has undertaken extensivemonitoring and water measurement work with regard to all of the Hot Springs Pool Water Rights. E. Opposition to water rightapplications affecting the Hot Springs Pool Water Rights: From 1992 until 1998, Applicant opposed the application by the City ofGlenwood Springs in Case No. 92CW272, due to potential impacts on the Hot Springs Pool Water Rights. From 1994 until 1997,Applicant opposed the application of Howard Lambert in Case No. 94CW134, because of the potential impact of the application onthe Hot Springs Pool Water Rights. 5. Name and address of the owner of the land on which the structure is located: Glenwood HotSprings Lodge and Pool, Inc., P.O. Box 308, Glenwood Springs, CO 81602. (5 pages)

12. 02CW70 PITKIN COUNTY, SNOWMASS CREEK, Application for a Finding of Reasonable Diligence. Applicant:Grace Brod Revocable Trust Agreement u/d/t Dated September 1 1988 (as amended on December 18, 1991, December 12, 1995, andNovember 10, 1999), 929 Tucker Lane, St. Louis, MO 63131 (314) 863-9090. Structure: Oh-Be-Joyful Pipeline. Previous Decree:July 30, 1996. Location: The point of diversion for the Oh-Be-Joyful Pipeline is in the SW1/4 of the NE1/4 of Section 34, Township 8South, Range 86 West of the 6th Principal Meridian, in Pitkin County, Colorado, at a point whence the offset stake identifyingProperty Corner No. 43 of Lot 4 of Sky River Subdivision (formerly known as Oh-Be-Joyful Acres Subdivision) bears 30° 30’ E. 190feet. Appropriation Date: September 7, 1989. Amount claimed: 0.10 c.f.s., conditional. Use: Irrigation and Fish. The applicationcontains a detailed outline of work done toward completion of the appropriation and application of water to a beneficial use asconditionally decreed. (4 pages)

13. 02CW071, (98CW054, 95CW093) - MESA COUNTY - East Divide Creek, tributary to Divide Creek, tributary to theColorado River. Application to Make Conditional Water Rights Absolute and for Finding of Reasonable Diligence. Applicant:West Divide Water Conservancy District c/o Edward B. Olszewski, Esq., Edward B. Olszewski, P.C., Post Office Box 460654,Denver, CO 80246-0654, (303) 333-4191. Name of structure: Alsbury Reservoir. Describe water right: Date of Original Decree: July9, 1965. Case Nos.: 4954 (81CW118, 85CW130, 89CW095, 95CW093, 98CW054). Court: Garfield County District Court/WaterDivision No. 5. Location: The point of intersection of the centerline of the dam axis with the right abutment at high water line islocated at a point whence the NE corner of Section 36, Township 8 South, Range 91 West of the 6th P.M. bears S45E54'W a distanceof 4,428.08 feet. Appropriation Date: June 15, 1961. Amount: 249.76 acre feet. Uses: 249.76 acre feet was originally decreed forirrigation. Remarks: Case No. 98CW054: 1) changed 67.76 acre feet of this water from irrigation only to domestic, municipal,recreation, fire protection, irrigation, piscatorial, wildlife, augmentation, hydro-electric, and livestock watering; 2) changed 50 acrefeet of water from a conditional right to an absolute right, to be used as a conservation pool for overwintering fishery; and 3) made132 acre feet of irrigation water absolute. Provide a detailed outline of what has been done toward placing water to beneficial use,including expenditures: Alsbury Reservoir has been constructed and placed to beneficial use. Construction on the Reservoir began inAugust 1995 and was completed in December of 1997. Expenditures for construction, engineering, legal, permitting, advertising,insurance and operations were as follows: 1995, $57,561.13; 1996, $291,300.00; 1997, $84,862.84; 1998, $21,408.10; 1999,$10,847.16; 2000, $2,831.74; 2001, $4,861.26. Total expenditures during the diligence period were approximately $473,672.23. Ifclaim to make absolute, water applied to beneficial use: Applicant claims to make the remaining 67.76 acre feet of conditional AlsburyReservoir water absolute for recreation, fire protection, piscatorial, wildlife, livestock watering and augmentation uses. Since theReservoir was constructed, it has been used for the foregoing purposes. The domestic, municipal, irrigation, and hydro-electric usesfor this 67.76 acre feet of the Reservoir will remain conditional. Applicant continues to develop its conditional water rights andrequests the Court find the Applicant has been reasonably diligent in the development of its conditional water rights. (3 pages)

14. 02CW72 (95CW226), APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN THE MATTER OFTHE APPLICATION FOR WATER RIGHTS OF THE TOWN OF BRECKENRIDGE, IN THE BLUE RIVER AND ITSTRIBUTARIES, IN SUMMIT COUNTY, COLORADO .Name, address, and telephone number of Applicant: Town ofBreckenridge, c/o Mr. Tim Gagen, Town Manager, PO Box 168, Breckenridge, CO 80424, (970) 453-2251. Direct all pleadings to:Kevin J. Kinnear, Porzak Browning & Bushong LLP, 929 Pearl Street, #300, Boulder CO 80302, (303) 443-6800. Names ofStructures: (a) Breckenridge Pipeline; (b) Swan River Water System. Description of Conditional Water Rights for which a Finding ofReasonable Diligence is Sought: (a) Breckenridge Pipeline: This water right was decreed in Case No. 83CW51, Water Division No.5, for 3.0 cfs with a January 2, 1980 appropriation date for municipal, domestic, industrial, commercial, fire fighting and sewagetreatment uses, and September 1, 1980 appropriation date for irrigation uses. In Case No. 95CW226, Water Division No. 5, the Courtentered an order finding that Applicant had been diligent in developing this water right, and continuing it in full force and effect to thepresent time. The source of this water right is the Blue River, tributary to the Colorado River. The Breckenridge Pipeline is located at

MARCH 2002 RESUMEWATER DIVISION 5

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a point whence the SW corner of Section 5, Township 7 South, Range 77 West of the 6th P.M. lies North 02°41' 39" East a distance of3,026.64 feet. (b) Swan River Water System: This water right was decreed in Case No. 83CW51, Water Division No. 5 for 0.4 cfs forirrigation purposes, with an appropriation date of July 7, 1980. In Case No. 95CW226, Water Division No. 5, the Court entered anorder finding that Applicant had been diligent in developing this water right, and continuing it in full force and effect to the presenttime. The source of this water right is the Swan River, tributary to the Blue River, tributary to the Colorado River. The point ofdiversion is located on the south bank of the Swan River within the Kimball Placer, Mineral Survey No. 1151, in the SW/4NW/4 ofSection 17, Township 6 South, Range 77 West of the 6th P.M., Summit County, Colorado and being more particularly described asfollows: Commencing at Corner No. 8 of said Kimball Placer; thence along the 8-7 line of said Kimball Placer South 66°07'00" East, adistance of 240.87 feet to the centerline of an existing 30 foot wide easement, whence corner No. 7 of said Kimball Placer bears South66°07'00" East 752.93 feet distant; thence along said centerline North 09°19'37" West a distance of 278.35 feet to the actual point ofdiversion. Detailed Description of Work Done Toward Completion of the Project and Application of Water to Beneficial Use: TheBreckenridge Pipeline and Swan River Water System are part of an integrated water supply system for the Town of Breckenridge, asconfirmed in the decree in Case No. 95CW226, Water Division No. 5. Water is used for municipal, irrigation, domestic, commercial,industrial, piscatorial, snowmaking, and wildlife preservation purposes. During this diligence period, Applicant has been involved in avariety of activities toward the completion of the subject conditional water rights. The principal activities include: the completion in1999 of improvements to the diversion and water treatment facilities at the Breckenridge Pipeline point of diversion at a cost of over$2,300,000; improvements to the Swan River Water System pump station and weir at a cost of more than $160,000.00; the addition ofnine (9) holes to the golf course served by the Swan River Water System; and inclusion of both facilities in the January 1998 MasterPlan. Additionally, Applicant has expended additional fees for engineering and legal services in developing, defending, andprotecting the subject water rights, all in addition to significant expenditures and efforts in the development, maintenance, andprotection of its integrated system and portfolio of water rights. (4 pages)

15. 02CW73 (C.A.751)RIO BLANCO COUNTY – WHITE RIVER. Pat Hughes; 3303 County Rd. 33; P.O. Box1003; Meeker, CO 81641 970-878-5325. Halpen Pump Pipeline-Amended Application for Change of Water Right. Location: fromsouth corner 1375 ft. East and 500 ft. North in SW1/4SW1/4 of Sec. 26, T.1N., R.95W, 6th P.M.. Appropriation: November 1, 1964.Amount: 3.08 cfs Use: irrigation. Alternate point of diversion: NW1/4SW1/4 of Sec. 26, T.1N, R. 95W, 6th P.M., 1156.25 ft. fromNorth sec. line and 1062.5 ft. from East sec. line. Landowner on which structure is located: Ed Coryell, P.O. Box 475, Meeker, CO81641. (5 pages)

16. 02CW74 (C.A.127)RIO BLANCO COUNTY-WHITE RIVER. Pat Hughes; 3303 County Rd. 33; P.O. Box1003; Meeker, CO 81641 970-878-5325. James Hayes Ditch-Amended Application for Change of Water Right. Location:NW1/4SE1/4 of Sec. 26, T.1N, R. 95W, 6th P.M., 2065 ft. from the South sec. line and 2,250 ft. from the East sec. line. Appropriation:April 25, 1896 and April 15, 1923. Amount: 1.0000 cfs. and 1.6200 cfs Use: irrigation. Alternate point of diversion: NE1/4SW1/4,Sec. 26, T.1N, R. 95W., 6th P.M. 2,375 feet from South line and 2,125 feet from East line. (5 pages)

17. 02CW75 CATTLE CREEK, ROARING FORK RIVER, GARFIELD COUNTY. Application for Finding of ReasonableDiligence. Gordon & Barbara Lane c/o Mark E. Hamilton Esq. and Mary Elizabeth Geiger, Esq., CALOIA, HOUPT & HAMILTON, P.C.,1204 Grand Ave., Glenwood Springs, CO 81601, 970-945-6067, mham@sopris.net. Name of structure: Deer Hill Well No. 2. OriginalDecree: 95CW084, Water Division 5, 04/12/1996. Location: SW¼ NW¼ Sec. 17, T. 7 S., R. 87 W. of the 6th P.M. at a point which isapprox. 1,420 ft from the N. sec. line and 1,255 ft from the W sec. line of said Sec. 17. Source: groundwater tributary to Cattle Creek,tributary to the Roaring Fork Riv. Approp. date: 04/15/1994. Amount: 0.033 c.f.s., (absolute for domestic and household purposes,conditional, for irrigation and stockwatering). Uses: domestic, household use, livestock watering, and irrigation of lawns and gardens. Anoutline of activity during the diligence period is included in the application. (4 pages)

18. 02CW76 ROARING FORK RIVER, GARFIELD, EAGLE & PITKIN COUNTIES. Application for UndergroundWater Right and for Approval of Plan for Augmentation. The Town of Carbondale, c/o Mark E. Hamilton, Esq., CALOIA, HOUPT &HAMILTON, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601, 970-945-6067, mham@sopris.net. FIRST CLAIM: APPLICATION

FOR APPROVAL OF UNDERGROUND WATER RIGHT: Name of structure: Town of Carbondale Rodeo Well No. 1. Location: SW¼SE¼ Sec. 35, T. 7 S., R. 88 W. of the 6th P.M., Garfield County, at a point 921 ft from the S. line and 1842 ft from the E. line ofsaid Sec. 35. Source: groundwater trib. to Roaring Fork Riv. Depth: approx. 75 ft. Uses: livestock watering, municipal, recreational,irrigation* and domestic (*the area that may be irrigated is 1 acre contained within a tract of land situated in Lot 12 of Sec. 35,Township 7 South, Range 88 West of the 6th P.M., beginning at a point whence the Witness Point to the South Quarter Corner ofsaid Section 35 bears S. 81º55’ W. 1417.05 ft; thence N. 87º25’51” W. 607.71 ft; thence N. 81º39’03” W. 97.31 ft; thence N.02º18’18” E. 277.48 ft; thence S. 87º53’31” E. 599.88 ft; thence S. 17º22’ E. 310.73 ft to the point of beginning). Amount: 10g.p.m., absolute, for livestock watering; 35 g.p.m., conditional, for all other requested uses. Approp. dates: 11/26/1969 (stock uses),07/05/1991 (all other uses). Owner of land upon which well is located: Town of Carbondale, 511 Colorado Avenue, Carbondale, CO81623. Remarks: This well is currently permitted under Well Permit No. 39741, issued on 11/12/1969 for 10 g.p.m. for livestock

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purposes. This application is intended to allow the Town to expand the production of the well and the uses of water from the wellsubject to the terms of the plan for augmentation described below. SECOND CLAIM: PLAN FOR AUGMENTATION. Name of structure tobe augmented: Town of Carbondale Rodeo Well No. 1, above. Water rights to be used for augmentation: Ruedi Reservoir (onabout 09/20/2000, Applicant entered into a contract with the United States of America (Long Term Ruedi Reservoir Round II WaterRepayment Contract No. 009D6C0016—Fryingpan-Arkansas Project) for 250 acre-feet of water deliverable from Ruedi Reservoir,which was decreed in the in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generation of electrical energy,stock watering and piscatorial uses, with an appropriation date of July 29, 1957. By subsequent order of the Water Court entered inCase No. W-789-76, the decreed amount of Ruedi Reservoir has been fixed at 102,369 acre-feet. Ruedi Reservoir is located inSections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties, and derives its water supply fromthe Fryingpan River. By decree of the Water Court in Case No. 81CW34 Ruedi Reservoir was decreed a refill right in the amount of101,280 acre-feet conditional. In Water Court Case No. 95CW95, 44,509 acre-feet was made absolute). Statement of plan foraugmentation: water withdrawn through the Town of Carbondale Rodeo Well No. 1 will be used for purposes associated with ariding arena, ice rink, equestrian facilities and a public bathroom facility. Uses will include livestock watering of up to 50 horses,irrigation of up to 1 acre of lawns or gardens, use within the public bathroom facility (wastewaster treatment will be via ISDS),water for dust suppression, and water for the ice rink. The monthly water requirements for each of these uses is set forth on Table 1attached to the Application. Material assumptions for the restroom facility include: weekend use; 70 persons per day, 8 days permonth during the summer; 50 persons per day, 10 days per month during the winter; with each person requiring 5 gallons per dayand ISDS estimated to be 15% consumptive. Material assumptions for dust suppression include: 60,000 square foot surface area; 4applications per month from May through October; 0.25” of water applied per application; 100% consumptive use. Materialassumptions for the ice rink include: 5600 square foot surface area; 2” ice thickness; monthly water use sufficient to re-surface andmaintain the rink; 100% consumptive use. Material assumptions for irrigation include: irrigation from April through October eachyear; 80% efficiency; consumptive use of 2.08 acre-feet per acre. Material assumptions for livestock include: 11 gallons per headper day; May through October; 100% consumption. Total annual water diversions are anticipated to be no more than 4.06 acre-feet,and total consumptive use is anticipated to be 3.47 acre-feet. During times of call, replacement water will be provided to the RoaringFork/Colorado River systems by releases from Ruedi Reservoir at the discretion of the Division Engineer pursuant to the above-described repayment contract. After adjustments for the delayed stream effects of well pumping pursuant to the Glover analysis, andaccounting for transit losses of 5% associated with delivery of water from Ruedi Reservoir to calling water rights, total monthlyaugmentation requirements are anticipated to be as follows:

Consumptive Delayed AugmentationMonth Use (AF) Depletion (AF) Requirement (AF)January 0.018 0.308 0.323February 0.023 0.266 0.279March 0.030 0.230 0.242April 0.104 0.201 0.211May 0.609 0.185 0.194June 0.698 0.211 0.222July 0.681 0.267 0.281August 0.521 0.324 0.340September 0.472 0.362 0.381October 0.312 0.383 0.403November 0.001 0.383 0.403December 0.006 0.352 0.370Total 3.474 3.474 3.648

Applicant will install such measuring devices and provide accounting as the Division Engineer may require. (7 pages).

19. 02CW077 – SUMMIT, GARFIELD, PITKIN and EAGLE COUNTIES – Frying Pan River, Roaring Fork River,tributaries to Colorado River; Coulter Creek, Cattle Creek, and all named and unnamed tributaries of the Roaring ForkRiver between the original point of diversion and the terminus of Landis Canal, tributary of Roaring Fork River; Blue Creek,tributary to Roaring Fork River; Blue River, tributary of Colorado River. Basalt Water Conservancy District, c/o Lori J.M.Satterfield, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970)945-6546. Application for Changeof Water Rights and for Approval of Plan for Augmentation, Including Exchange. The Basalt Water Conservancy District ("District"or "BWCD") has historically operated a temporary augmentation plan, pursuant to the State Engineer's approval of a temporarysubstitute water supply plan, for qualifying "Area A" contractees, pending this Court's approval of final augmentation plans approvingthose contractees' diversions. By this Application, the District seeks to adjudicate an umbrella augmentation plan for Area A, underwhich qualifying contractees can apply for operation under this plan for augmentation. The District will apply to the State and

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PAGE 8

Division Engineers for approval of the contractee's diversions (including approval of any requisite well permits), before the contracteecan commence diversions under this plan. The qualifying diversions will operate as alternate points of diversion for the District'swater rights in and to the Basalt Conduit and/or the Landis Canal, as herein described. The change of water rights and description ofthe plan for augmentation, including exchange, are more fully set forth below. Claim for Change of Water Rights: Alternate Points ofDiversion. Decreed name of structures for which changes are sought: Basalt Conduit and Landis Canal. Information from previousDecree: Date Entered: 6/20/1958. Case No. C.A. 4613. Garfield Cty. Dist. Ct. Decreed Point of Diversion: Basalt Conduit: Thedecreed headgate and point of diversion is located on the left side of the Frying Pan River in the NE quarter NW quarter of unsurveyedSec. 18, T. 8 S., R. 84 W. of the 6th P.M. at the head of the outlet tube for Ruedi Reservoir whence the SW corner of Sec. 7, T. 8 S.,R. 84 W. of the 6th P.M. bears N. 79 degrees 00' W., a distance of 2,017.1 ft. Landis Canal: The initial headgate and point ofdiversion is located at the terminus of the Basalt Conduit in the NW quarter of Sec. 7, T. 8 S., R. 86 W. In addition thereto, diversionswill be made, by means of said Landis Canal, at points along its course at which the water of Coulter Creek and Cattle Creek and allnamed and unnamed tributaries of the Roaring Fork River will be intercepted and diverted. Appropriation Date: 7/29/1957. Amt.:Basalt Conduit: 450 cfs; Landis Canal: 130 cfs (originally decreed for 170 cfs; reduced to 130 cfs in Case No. W-789-76). Use:Generation of electric energy, irrigation, domestic, municipal, stockwatering, piscatorial and industrial. Proposed Change: Applicantseeks an alternate point of diversion of the Basalt Conduit and Landis Canal to points of diversion at wells, surface rights, and storagereservoirs (with respect to evaporation replacement only), when such points are authorized for diversion under this augmentation plan.To prevent injury to other water rights, the District proposes the following terms and conditions for the requested change of waterrights: The alternate points of diversion will be approved by the State Engineer or the Ct., in accordance with the implementationprocedures described herein. The alternate points of diversion will be located in "Area A," which generally can be described as themainstem areas of the Frying Pan and Roaring Fork Rivers, where no intervening calling water rights are present between the points ofdiversion and the mainstem, such that the points of diversion can be augmented year-round by the District's augmentation rights. Amap depicting Area A is Exhibit A, on file with the Ct. Points of diversion that are not technically located within the Area A as shownon the map can qualify for diversion under this augmentation plan, provided that no intervening calling water rights are presentbetween the point of diversion and the river mainstem where the augmentation replacement will occur. Alternate points of diversionlocated in the Roaring Fork River drainage upstream of the confluence of the Frying Pan River and Roaring Fork River will beoperated and administered under the District's right of exchange for the Basalt Conduit, as more particularly described in pending CaseNo. 01CW305. Exercise of the alternate points of diversion at wells will require issuance of permits by the State Engineer pursuant toSection 37-90-137(2), C.R.S. Totalizing flow meters shall be installed by each well user as a condition of diverting at the well. Claimfor Approval of Plan for Augmentation, Including Right of Exchange. Name of structures to be augmented: wells, surface waterrights, and reservoirs (with respect to evaporation replacement only), which will operate as alternate points of diversion of the BasaltConduit and/or Landis Canal, as above described. Water rights to be used for augmentation: The District's water rights in and to theRobinson Ditch, Troy & Edith Ditch, Favre Domestic Pipeline, Ruedi Reservoir, and Green Mountain Reservoir, together with suchother water rights as may be acquired by the District from time to time, provided that evidence of such acquisition is submitted to thisCourt and, subject to its approval, is made a part of this plan. Information from previous decree for Ruedi Reservoir: An on-channelreservoir located in Secs. 7, 8, 9, 11, and 14 through18, T. 8 S., R. 84 W. of the 6th P.M. The reservoir is located in portions of Eagleand Pitkin Counties. Adjudication Date: 6/20/1958. Appropriation Date: 7/29/1957. Case No. C.A. 4613. Garfield Cty. Dist. Ct.Decreed Amt.: 102,369 AF (Originally decreed for 140,697.3 AF; reduced to 102,369 AF in Case No. W-789-76). Decreed Uses:generation of electric energy, domestic, municipal, piscatorial, industrial, irrigation and stock watering. By decree of the Water Courtin Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF, conditional. In Water Court Case No.95CW95, 44,509 AF of the refill right was made absolute. Information from previous decree for Green Mountain Reservoir: Locatedapproximately 16 miles SE of the Town of Kremmling in Summit Cty., CO, and more particularly in all or parts of Secs. 11, 12, 13,14, 15, and 24 of T. 2 S., R. 80 W., and in Secs. 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W. of the 6th P.M. AdjudicationDate: 10/12/1955. Appropriation Date: 8/1/1935. Case No. 2782, 5016, and 5017. U.S. Dist. Ct., Dist. of CO. Decreed Amt.:154,645 AF. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of ProjectFacilities and Auxiliary Facilities" in Senate Document 80. Information from previous decrees for Troy Ditch and Edith Ditch rights:

AMOUNT SOLD, TRANSFERREDOR RESERVED

AMOUNTREMAININGFOR BWCD

(10)

STRUCTURE

PRIOR-ITY

CT.CASENO.

ADJDATE

APPROPDATE

DECREED

AMOUNT

(CFS)

USE

(4)

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

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TroyDitch(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

TroyDitch

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

TroyDitch2nd

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

EdithDitch

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

EdithDitch1st

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

TroyDitchWaterSystemakaLowerHeadgate

(2) W-2281

15.50(3) I,D,M

C,P

0.110 0.1320

0.520

0.275

0.190 14.273

412.89

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

Shores augmentation plan.(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.In Case No. W-2281, Div. 5, the Ct. decreed that 453 AF of annual consumptive-use credits were available to these ditches, and that300 AF could be stored in an unnamed reservoir. Applicant owns 412.89 AF of the 453 AF, and makes the water rights available to

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contract allottees for use pursuant to an approved substitute supply plan or decree of Ct. This Ct. changed the use of the 412.89 AF toinclude augmentation and exchange in Case Nos. 98CW26 and 98CW89 (Consolidated). The Troy and Edith augmentation water canbe delivered to the Frying Pan, Roaring Fork or Colorado Rivers by bypassing water at the headgate on the Frying Pan River.Information from previous decrees for Robinson Ditch rights:

STRUCTURE

DECREEDAMOUNT/

cfs

AMOUNTOWNED BYBWCD(cfs)(1)

ADJ. DATE APPROP.DATE

PRIORITY CASENO.(2)

ROBINSONDITCH

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

ROBINSONDITCH

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

ROBINSONDITCH

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

ROBINSONDITCH

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

ROBINSONDITCH

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 24.16percent of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) Dist. Ct. in andfor Garfield Cty. The point of diversion, as decreed, is located on the N. bank of the Roaring Fork River one-half mile below themouth of Sopris Creek in Sec. 11, T. 8 S., R. 87 W., 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay andpasture under BWCD's interest in the Robinson Ditch water rights. In Case No. 93CW319, the Ct. decreed that 360 AF of annualconsumptive-use credits are associated with said irrigation. In that case, the Ct. also decreed a change of use of BWCD's RobinsonDitch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approvedsubstitute supply plan or decree of Ct. BWCD applies the credits principally to the augmentation of Blue Creek and the Roaring ForkRiver. Information from previous decrees for Favre Domestic Pipeline (given in the order of structure, amount, adjudication date,appropriation date, priority, and Case No.: Favre Domestic Pipeline Spring No. 1, 0.50 cfs, 6/20/1958, 8/11/1937, 649, Case No.4613; Favre Domestic Pipeline Spring No. 2, 0.50 cfs, 6/20/1958, 4/15/1912, 666, Case No. 4613. Amt.: Each spring is decreed for0.50 cfs, but the use of both has a combined limit of 0.50 cfs. The case nos. for the springs are for Dist. Ct. in and for Garfield Cty.Legal Description: Favre Domestic Pipeline - Spring No. 1: Located at a point whence the E quarter corner, Sec. 34, T. 7 S., R. 87W., 6th P.M. bears S. 34 degrees 26' E., 890.9 ft. Favre Domestic Pipeline - Spring No. 2: Located at a point whence the E quartercorner, Sec. 34, T. 7 S., R. 87 W., 6th P.M. bears S. 37 degrees 24' E. 721.4 ft. Decreed Use: Domestic and augmentation. HistoricUse: BWCD owns the Favre Domestic Pipeline right. The Springs historically provided a majority of the domestic water supply forEl Jebel, a community of 364 EQRs, consisting of 291 single family residential units, irrigation of 12.5 acres of lawn and landscape,and commercial development. In Case No. 93CW319, the Ct. decreed that 142.82 AF of historic consumptive-use credits wereavailable to Blue Creek as a result of such historic use; and that 67.2 AF of historic consumptive-use credits were available to theRoaring Fork River as a result of such historic use. In Case No. 93CW319, the Ct. also decreed a change of use of said credits toinclude augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply planor decree of Ct. The District requests approval of a plan for augmentation, including exchange, to augment out-of-priority depletionsby the Basalt Conduit and the Landis Canal water rights, diverted at authorized alternate points of diversion within Area A of theDistrict (see Exhibit A) or areas which would be designated Area A by definition. Only when the Basalt Conduit and Landis Canalare out of priority will augmentation be required. The depletions associated with the diversions at the authorized alternate points ofdiversion will be calculated using engineering assumptions consistent with the District's prior augmentation decrees in Case Nos.87CW155; 93CW319; 98CW29 and 98CW89 (Consolidated); and 01CW305 (pending). A summary of the assumptions to be used inthe water requirements calculations is set forth below in Exhibit B below. The District will account for delayed depletions withrespect to any wells that will be authorized for diversion under this augmentation plan. The depletions will be determined accordingto the categories established by decree in Case No. 87CW155, as those categories may be revised by the decree in Case No. 01CW305(pending). Descriptions of the delayed depletions categories and the monthly distribution of delayed depletions (expressed as a ratioto total annual depletions), as decreed in Case No. 87CW155, are Exhibits C and D respectively, which are on file with the Ct. Thestream depletions from some wells are expected to be delayed significantly, but the depletions may be expected to reach a steady state.Other wells will be completed in alluvial formations close to the Frying Pan or Roaring Fork Rivers and will have little or no delayedimpact. Previous studies completed by the District in support of its augmentation plans in Case Nos. 87CW155 and 93CW319

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resulted in a finding that during future dry years (reoccurrence of 1 year in 50 years), the Basalt Conduit and Landis Canal water rightswill be out of priority from mid June through mid October. A call could also be in effect in April. No calls are expected to be placedupon the Basalt Conduit and Landis Canal (including at the alternate points of diversion applied for herein) during the remainder ofthe year. Using water use data compiled by the contract allottees, the District will account for the diversions and depletions under thesubject augmentation plan to the Division of Water Resources, as required by the Division Engineer to administer the District'saugmentation program. The District will ensure that the total out-of-priority depletions under the subject augmentation plan and priordecreed augmentation plans involving the District's water rights will not exceed the replacement water available to the District. Thesubstituted water will be of a quality and quantity so as to meet with requirements for which the water of senior appropriators hasnormally been used. The District seeks a right of exchange to the extent that any augmentation replacement is introduced to the riversystem at a point downstream of the authorized points of diversion to be augmented under this plan. The maximum extent of theexchange reach is from the confluence of the Roaring Fork River and the Colorado River (downstream terminus) up to the authorizedalternate points of diversion (upstream terminus), except that the exchange on the Roaring Fork River upstream of the confluence ofthe Frying Pan River and Roaring Fork River will be operated and administered under the priority and right of exchange claimed inpending Case No. 01CW305. Applicant seeks a 11/9/1998 priority date in connection with the subject plan for exchange that isoutside of the 01CW305 exchange reach. The said priority date is the date of the District's contract with the U.S. Bureau ofReclamation for Green Mountain Reservoir releases. Nothing herein is intended to restrict or limit operation of the Basalt Conduitand Landis Canal water rights under the priority originally adjudicated in C.A. 4613. All water service provided by the District underthe change of the Basalt Conduit and Landis Canal water rights described herein shall be limited to the amount of water available inpriority at the original points of diversion, and the District, or those entitled to use the District's decrees, may not call on any greateramount at any new alternate point of diversion. The District shall request the State Engineer to estimate any conveyance lossesbetween the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, orthose entitled to use its decrees, may call on any additional sources of supply that may be available at an alternate point of diversionexercised under the subject change of water rights and subject exchange, but not available at the original decreed point of diversion,only as against water rights which are junior to the date of the subject exchange. An appropriate transit loss for Ruedi Reservoirreleases and Green Mountain Reservoir releases will be assessed. This plan for augmentation will be implemented over a period oftime in a manner generally consistent with the following, and according to the procedure ultimately approved by the Ct. in this case.The District suggests the following procedure for implementation of the subject plan for augmentation, but expects that the proceduremay be refined further or even modified by the Ct. in the decree entered herein. The Applicant for augmentation water under this planwill submit to the District an application form for water allotment contract that shall identify this plan for augmentation as the sourceof replacement water. The form of the contract application may be supplemented or amended from time to time to meet continuingrequirements of the District. Upon receipt of the application, related fees, and such other information as the District may require, theDistrict shall submit the application to the State and Division Engineers for determination of whether the proposed diversion is anauthorized diversion and can be administered under this plan. Upon submission of an application to the State and Division Engineers,the District shall provide notice of the application by publication in a newspaper of general circulation in the cty. where the point ofdiversion is located and the place of use will occur, or by such other means as this Ct. may require. The notice will also provide thatany affected person may file an objection or other comments with the State Engineer within a period to be prescribed by the decreeherein. Any affected person not satisfied by the State Engineer's decision may then apply to this Water Court for a de novo hearing fora determination of whether the terms and conditions of the decree approving this plan for augmentation have been met with respect tothe request for an authorized diversion. Such application to the Water Court shall be made within a prescribed period of the date ofthe State Engineer's decision. Diversions that are authorized by either an uncontested approval by the State Engineer or an Order ofthe Court shall be a part of the decree for this plan for augmentation. Names and addresses of owners or reputed owners of land uponwhich augmentation structures are located: Ruedi Reservoir and Green Mountain Reservoir: U.S. Dept. of Interior, Bureau ofReclamation, Eastern Colorado Area Office, 11056 W. County Road 18E, Loveland, CO 80537-9711. Troy & Edith Ditch: the ditchstructure was inundated by the construction of Ruedi Reservoir. The District is the sole owner of the 412.89 ft. of consumptive-usecredits associated with the ditch, as quantified in Case No. W-2281. Robinson Ditch: Robinson Ditch Company, c/o Wayne Ives,secretary, P.O. Box 309, Carbondale, CO 81623; and c/o Kevin Tucker, 19001 Hwy. 82 Unit D, Carbondale, CO 81623. TheRobinson Ditch Company owns the easement for the ditch. The easement will not be expanded as a result of this case. FavreDomestic Pipeline: The original point of diversion is located upon lands owned by Crawford Properties, LLC, whose address is 60 ElJebel Rd., Unit #105, El Jebel, CO 81623. The locations of the authorized points of diversion and places of use will be determined atfuture dates as water allotment contractees seek to have their diversions approved under this umbrella augmentation plan. Thelocation of the points of diversion and place of use will be provided to the State Engineer for consideration as part of the request forthe authorized points of diversion, and notice of the application to the State Engineer will be provided by publication in a newspaperof general circulation in the cty. where the point of diversion is located and the place of use will occur or by such other means as thisCt. may require. A decree approving the subject Application will not result in injury to any vested or decreed conditional water rights.WHEREFORE, the District prays for a decree which: Finds that the District's augmentation plan and the use of the Basalt Conduitand Landis Canal as described herein constitute use in the same general location, for the same purposes, and in the same generalquantities as was originally contemplated in the decree for the Basalt Project in C.A. 4613; Finds that implementation of the subject

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plan for augmentation, including exchange, and alternate points of diversion described herein will not injure any vested or decreedconditional water rights, and thus may be approved by the Ct.; Grants and approves the change of water rights in and to the BasaltConduit and Landis Canal herein described; Grants and approves the plan for augmentation, including exchange, herein described;Specifically authorizes the construction and operation of authorized points of diversion under the subject changes of water rights andplan for augmentation, including exchange, as may be approved by the State Engineer or Court pursuant to the implementationprocedures to be established in the Decree entered herein; Orders the State Engineer in the discharge of his responsibilities underSection 37-90-137, C.R.S., to recognize the existence and operation of this plan for augmentation, including exchange, and to issuewell permits for the authorized wells under this plan; and Grants such other relief as this Ct. deems just and proper. EXHIBIT B: Thewater requirements for the subject allotment contracts will be calculated on an individual basis using case specific information andgeneral water use assumptions. The assumptions to be used in the water requirement calculations are as follows: Domestic In-HouseUse. Single family - 3.5 persons at 100 GPCD (gallons/capita/day); Apartments and mobil homes - 0.75 EQR/Unit. Most of the in-house water will return to the stream system following wastewater treatment. The consumptive use expressed as a percent ofdiversion is assumed to be as follows: Central treatment system: 5.0 percent; Septic tank/leachfield system: 15.0 percent;Evaporative system: 100.00 percent. Irrigation Water Use. Irrigation water requirements and consumptive use will be estimatedusing the Blaney-Criddle method as identified by the SCS in Technical Release No. 21 (1970). This method uses monthlytemperatures and duration of daylight hours to estimate consumptive use. The necessary climatological data is obtained from theGlenwood Springs and Aspen Weather stations. Relationships between elevation, precipitation and temperature have been defined forthe Roaring Fork valley. Because of the generally high elevation of the valley, the Blaney-Criddle monthly consumptive use cropcoefficients are adjusted as recommended in the USDA Agricultural Research Services report "Water Use by Native Grasses in HighAltitude Colorado Meadows." Once the crop and/or lawn consumptive use are determined, total diversion requirements will becalculated based upon expected application rates for the different irrigation methods. The application rate for sprinkler irrigation isassumed to be 1.25 times the C.U. rate (80 percent efficient) and the application rate for flood irrigation is assumed to be 3.33 timesthe C.U. rate (30 percent efficient). Livestock Water Use. Livestock requires approximately 11 gallons of water per day per head.This water use is considered 100 percent consumptive. Commercial and Other Use. Commercial and other uses will be calculated onan individual basis using specific water use data if available or EQR ratings (e.g., based on type of commercial use and size criteria).(13 pages)

20. 02CW078 – SUMMIT, GARFIELD, EAGLE and PITKIN COUNTIES - Frying Pan River, Roaring Fork River,tributaries of Colorado River; Blue Creek, tributary to Roaring Fork River; Blue River, tributary of Colorado River. BasaltWater Conservancy District, c/o Lori J.M. Satterfield, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602,(970) 945-6546. Application to Amend Plans for Augmentation, Including Exchange. Background: The Basalt Water ConservancyDistrict ("District" or "BWCD") operates an augmentation program for qualifying contractees, whereby the District makesaugmentation water available to augment the contractees' depletions. Most of the depletions occur as a result of diversions under theDistrict's Basalt Conduit and Landis Canal water rights which have been approved for alternate points of diversion at contractees'springs, wells or other diversion structures. In three prior cases, the District adjudicated group augmentation plans involving literallyhundreds of contractees' diversion points. These group augmentation plans were decreed in Case Nos. 87CW155, 93CW319,98CW26 and 98CW89 (Consolidated), and will be referred to as the "subject augmentation plans" herein. The subject augmentationplans include a variety of augmentation sources, including Ruedi Reservoir, Troy & Edith Ditch, Robinson Ditch, and the FavreDomestic Pipeline, all as more particularly described in the decrees for the subject augmentation plans. The District has since enteredinto a water service contract with the United States Bureau of Reclamation for 1,000 AF of storage in and water service from GreenMountain Reservoir. The purpose of this Application to amend the subject augmentation plans, including exchange, is to includeGreen Mountain Reservoir as a source for augmentation of the points of diversion and the depletions more particularly described inthe subject augmentation plans. Green Mountain Reservoir releases may be made in lieu of or in addition to the augmentation sourcesdescribed in the subject augmentation plans, at such times that exchange potential is available to utilize Green Mountain Reservoirreleases for this purpose. The amendment to the subject augmentation plans and the related exchange involving Green MountainReservoir releases are more particularly described below. Claim for Amendment to Plans for Augmentation, Including Exchange.The subject augmentation plans relied upon one or a combination of the following augmentation sources: Ruedi Reservoir:Information from previous decrees: An on-channel reservoir located in Secs. 7, 8, 9, 11, and 14 through18, T. 8 S., R. 84 W. of the6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: 6/20/1958. Appropriation Date:7/29/1957. Case No. C.A. 4613. Garfield Cty. Dist. Ct. Decreed Amt.: 102,369 AF (Originally decreed for 140,697.3 AF; reducedto 102,369 AF in Case No. W-789-76). Decreed Uses: generation of electric energy, domestic, municipal, piscatorial, industrial,irrigation and stock watering. By decree of the Water Ct. in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in theamount of 101,280 AF, conditional. In Water Court Case No. 95CW95, 44,509 AF of the refill right was made absolute. Troy Ditchand Edith Ditch rights: Information from previous decrees:

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AMOUNT SOLD, TRANSFERREDOR RESERVED

AMOUNTREMAINING FORBWCD (10)

STRUCTURE

PRIOR-ITY

CT.CASENO.

ADJDATE

APPDATE

DECREEDAMOUNT(CFS)

USE

(4)

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

TroyDitch(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

TroyDitch1stEnlg

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

TroyDitch2ndEnlg

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

EdithDitch

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

EdithDitch1stEnlg

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

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TroyDitchWaterSystemakaLowerHeadgate

(2) W-2281

15.50(3) I,D,MC,P

0.110 0.1320

0.520

0.275

0.190 14.273

412.89

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

Shores augmentation plan.(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.In Case No. W-2281, Div. 5, the Ct. decreed that 453 AF of annual consumptive-use credits were available to these ditches, and that300 AF could be stored in an unnamed reservoir. Applicant owns 412.89 AF of the 453 AF, and makes the water rights available tocontract allottees for use pursuant to an approved substitute supply plan or decree of Ct. This Ct. changed the use of the 412.89 AF toinclude augmentation and exchange in Case Nos. 98CW26 and 98CW89 (Consolidated). The Troy and Edith augmentation water canbe delivered to the Frying Pan, Roaring Fork or Colorado Rivers by bypassing water at the headgate on the Frying Pan River.Robinson Ditch rights: Information from previous decrees:

STRUCTURE DECREEDAMOUNT/

cfs

AMOUNTOWNED BYBWCD(cfs)(1)

ADJ. DATE APP. DATE PRIORITY CASENO. (2)

ROBINSONDITCH

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

ROBINSONDITCH

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

ROBINSONDITCH

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

ROBINSONDITCH

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

ROBINSONDITCH

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% ofthe total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch.

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(2) Dist. Ct. in and for Garfield Cty.Legal Description: The point of diversion, as decreed, is located on the N. bank of the Roaring Fork River one-half mile below themouth of Sopris Creek in Sec. 11, T. 8 S., R. 87 W., 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay andpasture under BWCD's interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 AF of annualconsumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD's RobinsonDitch rights to include augmentation. Information from previous decrees for Favre Domestic Pipeline (given in the order of structure,amount, adjudication date, appropriation date, priority, and Case No.: Favre Domestic Pipeline Spring No. 1, 0.50 cfs, 6/20/1958,8/11/1937, 649, Case No. 4613; Favre Domestic Pipeline Spring No. 2, 0.50 cfs, 6/20/1958, 4/15/1912, 666, Case No. 4613. Amt.:Each spring is decreed for 0.50 cfs, but the use of both has a combined limit of 0.50 cfs. The case nos. for the springs are for Dist. Ct.in and for Garfield Cty. Legal Description: Favre Domestic Pipeline - Spring No. 1: Located at a point whence the E quarter corner,Sec. 34, T. 7 S., R. 87 W., 6th P.M. bears S. 34 degrees 26' E., 890.9 ft. Favre Domestic Pipeline - Spring No. 2: Located at a pointwhence the E quarter corner, Sec. 34, T. 7 S., R. 87 W., 6th P.M. bears S. 37 degrees 24' E. 721.4 ft. Decreed Use: Domestic andaugmentation. Historic Use: BWCD owns the Favre Domestic Pipeline right. The Springs historically provided a majority of thedomestic water supply for El Jebel, a community of 364 EQRs, consisting of 291 single family residential units, irrigation of 12.5acres of lawn and landscape, and commercial development. In Case No. 93CW319, the Ct. decreed that 142.82 AF of historicconsumptive-use credits were available to Blue Creek as a result of such historic use; and that 67.2 AF of historic consumptive-usecredits were available to the Roaring Fork River as a result of such historic use. In 93CW319, the Court also decreed a change of useof said credits to include augmentation. The District seeks to amend the subject augmentation plans to include Green MountainReservoir as an augmentation source. The information from the previous decree for Green Mountain Reservoir is as follows: Locatedapproximately 16 miles SE of the Town of Kremmling in Summit Cty., CO, and more particularly in all or parts of Secs. 11, 12, 13,14, 15, and 24 of T. 2 S., R. 80 W., and in Secs. 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W. of the 6th P.M. Adj. Date:10/12/1955. App. Date: 8/1/1935. Case No.: 2782, 5016, and 5017. U.S. Dist. Ct., District of CO. Decreed Amt.: 154,645 AF.Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities andAuxiliary Facilities" in Senate Document 80. The District seeks to use releases from Green Mountain Reservoir in lieu of, incombination with, and/or in addition to the augmentation sources described in the subject augmentation plans. Green MountainReservoir may be used for augmentation only at such times that exchange potential is available to use the releases to augment thewells, springs, and other points of diversions more particularly described in the subject augmentation plans. Green MountainReservoir releases can augment senior calls which occur against the points of diversion authorized under the subject augmentationplans when such calls are located downstream of the confluence of the Roaring Fork and Colorado Rivers. To use Green MountainReservoir releases as above described, the District requests the Ct.'s approval of an exchange. The extent of the exchange reach isfrom the confluence of the Roaring Fork River and the Colorado River (downstream terminus) up to the points of diversion authorizedand augmented under the subject plans for augmentation (upstream terminus). Applicant seeks a 11/9/1998 priority date in connectionwith the subject plan for exchange, which is the date of the District's contract with the Bureau for Green Mountain Reservoir releases.However, the water rights to be augmented will continue to be administered under their original decreed priority. The purpose of thisApplication is solely to incorporate Green Mountain Reservoir into the portfolio of augmentation water rights available for use underthe subject augmentation plans. In all other respects, the terms, conditions, and provisions of the decrees for the subject augmentationplans will remain in effect and are not amended by this Application. The name and address of owner or reputed owner of land uponwhich Green Mountain Reservoir is located: Bureau of Reclamation, Eastern Colorado Area Office, 11056 W. County Road 18E,Loveland, CO 80537-9711. Because the sole purpose of this Application is to incorporate Green Mountain Reservoir into theportfolio of augmentation water rights available for use under the subject augmentation plans, the District submits that theidentification of the owner of the lands upon which Green Mountain Reservoir is located is the only identification that is requiredunder Section 37-92-302(3)(c)(I), C.R.S. A decree approving the subject Application will not result in injury to any vested or decreedconditional water rights. (8 pages)

21. 02CW79 – PITKIN COUNTY – Avalanche Creek, Thomas Creek, Crystal River; tributary to Roaring Fork River,tributary to Colorado River. Richard Jelinek; Duck Meadow A, LLC; Duck Meadow B, LLC; DFJ Ranch, Inc.; and Debbie F.Jelinek (collectively referred to herein as "Applicant.") all c/o Lori J.M. Satterfield, Esq., Balcomb & Green, P.C., P.O. Drawer 790,Glenwood Springs, CO 81602, (970) 945-6546. Application for Change of Water Right; Ground Water Rights; Surface Water Rights;Storage Water Rights; Approval of Plan for Augmentation, Including Exchange; and Amendment to Decrees. Claim for Change ofWater Right. Decreed Name of Structure For Which Change Is Sought: Avalanche Canal and Siphon. Information From OriginalDecree: Date Entered: 6/20/1958; Case No. C.A. 4613; Garfield Cty. Dist. Ct. Decreed Points of Diversion: Headgate No. 1 beingthe initial point of diversion of said Avalanche Canal and Siphon is located on the right bank of the Crystal River at a point whencethe witness corner of the SW corner of Sec. 9, T. 10 S., R. 88 W. of the 6th P.M. bears N. 3 degrees 9' W. 546 ft. Said point is located4,730 ft. from the N. Sec. line and 50 ft. from the W. Sec. line of said Sec. 9 and is located in the SW quarter SW quarter of said Sec.in Pitkin Cty., CO. Headgate No. 2 being the second point of diversion of said Avalanche Canal and Siphon is located on the rightbank of Avalanche Creek at a point whence the W quarter Corner of Sec. 28, T. 9 S., R. 88 W. of the 6th P.M. bears N. 67 degrees 15'W. a distance of 4,538.1 ft.. Said point is located 4,570 ft. from the N. Sec. line and 4,200 ft. from the W. Sec. line of said Sec. 28 and

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is located in the SE quarter SE quarter of said Sec. in Pitkin Cty., CO. Appropriation Date: 4/22/1957. Amt.: 830 cfs. Historic Use:generation of electric energy, domestic, municipal, and industrial purposes including but not limited to the production of oil fromshale, irrigation purposes, and stock watering purposes. Proposed Change: Applicant seeks approval of alternate points of diversion ofthe Avalanche Canal and Siphon water right in the amount of 250 gpm (0.556 cfs) within the Crystal Island Ranch Alluvial Well Fieldand Crystal Island Ranch Property Well Field, as more fully described below. Crystal Island Ranch Alluvial Well Field: One or morewells will be drilled in the alluvium of the Crystal River in the W half of Sec. 22, T. 8 S., R. 88 W. of the 6th P.M. The generallocation of the well field is depicted on Exhibit A, on file with the Ct. The total cumulative diversions from this well field from one orany combination of wells is expected to be 150 gpm. Wells may be constructed to serve individual residences or a number ofresidences, including potentially under a central potable water system. Crystal Island Ranch Property Well Field: One of more wellswill be drilled into various formations in this well field to divert a cumulative total of 100 gpm from an area which is generallydescribed as within the W half Sec. 22, W half of Sec. of 27, and portions of Sec. 23 and Sec. 26, T. 8 S., R. 88 W. of the 6th P.M. Thegeneral location of the well field is depicted on Exhibit A. Wells may be constructed to serve individual residences or a number ofresidences. Together the well fields will serve lots located within the Crystal Island Ranch, the legal description of which is set forthin Exhibit B, on file with the Ct. The boundary of the property is generally depicted on Exhibit A. Applicant proposes to develop asmany wells as are necessary in the said well fields for the cumulative maximum diversion rates indicated. So long as Applicantcomplies with the terms and conditions of the decree entered herein, Applicant asserts that amendment of the decree will not berequired each time a new well location is determined. Applicant therefore requests that the decree provide that it is entitled to have asmany well permits as are necessary to divert the said 150 gpm and 100 gpm, and to be issued well permits by the State Engineer forthe construction and operation of wells within the boundaries of the well fields, so long as the well permit applications confirm thatoperation of the wells will be subject to the terms and conditions of a decree in this proceeding. The wells will be used for domesticand irrigation purposes, and will be augmented under the augmentation plan described herein. Any wells within the well fields will beat a distance of more than 600 ft. from an existing well owned by third parties, unless the well-field well qualifies for a permit underSection 37-90-137(2)(b), C.R.S., is exempt under Section 37-92-602, C.R.S., or unless the third party consents to the issuance of thepermit. Three wells have been permitted as exempt wells and currently serve residences on the property. One is located within theCrystal Island Ranch Alluvial Well Field, and the other two are in the Crystal Island Ranch Property Well Field. Applicant requests aright to divert any or all of these wells as alternate points of diversion for the Avalanche Canal and Siphon water right as requestedherein. To the extent Applicant operates the wells at alternate points for the Avalanche Canal and Siphon, the diversions will beconsidered as part of the well field diversions (the 150 gpm and 100 gpm, as above described). The three exempt well permits forthese three wells are described as follows: Jelinek Well A: Permit No. 164484 in the amount of 15 gpm, located in Sec. 23, T. 8 S.,R. 88 W. of the 6th P.M. at a point 400 ft. from the S. line and 2600 ft. from the E. line of said Sec. 23; Jelinek Well B: Permit No.212432 in the amount of 15 gpm, located in Sec. 23, T. 8 S., R. 88 W. of the 6th P.M. at a point 1375 ft. from the S. line and 2500 ft.from the W. line of said Sec. 23; Jelinek Well C: Permit No. 182673 in the amount of 15 gpm, located in Sec. 22, T. 8 S., R. 88 W. ofthe 6th P.M. at a point 2800 ft. from the S. line and 1630 ft. from the E. line of said Sec. 22. The right to operate any of the wellsdescribed above as an alternate point of diversion of the Avalanche Canal and Siphon water right will be pursuant to a contract withthe West Divide Water Conservancy District. Applicant reserves the right to permit any of the wells within the property as exemptwells, to the extent that they qualify as such under Section 37-92-602, C.R.S. Name and address of owner of land upon which saidwells and place of use are located: Applicant. Name and address of owner of Avalanche Canal and Siphon Water Right: WestDivide Water Conservancy District, c/o Ed Olszewski, Esq., P.O. Box 460654, Denver, CO 80246-0654. Claim for Ground WaterRights. In the event Applicant does not enter into a contract with the West Divide Water Conservancy District for use of a portion ofits Avalanche Canal and Siphon water right, Applicant may operate the wells described above under the ground water rights asclaimed herein. The claim for the ground water rights is as follows: Crystal Island Ranch Alluvial Well Field: Legal Description:see above. Date of initiation of appropriation: 9/1/2001. How appropriation was initiated: by field investigation, formation of intentto appropriate, and submission to Pitkin Cty. of Crystal Island Ranch Subdivision/P.U.D. Conceptual Submission (including 1041Hazard and GMQS Submission and Special Review). Date water applied to beneficial use: N/A. Amt.: 150 gpm, conditional, fordomestic and irrigation use. Use or proposed use: If irrigation: Number of acres historically irrigated: N/A; Legal description ofacreage: a total of 1.1 acres of lawn and garden located within the Crystal Island Ranch, see Exhibits A and B; If non-irrigation,describe purpose fully: domestic use for 24 units. Crystal Island Ranch Property Well Field: Legal Description: see above. Date ofinitiation of appropriation: 9/1/2001. How appropriation was initiated: by field investigation, formation of intent to appropriate, andsubmission to Pitkin Cty. of Crystal Island Ranch Subdivision/P.U.D. Conceptual Submission (including 1041 Hazard and GMQSSubmission and Special Review). Date water applied to beneficial use: N/A. Amt.: 100 gpm, conditional, for domestic andirrigation use. Use or proposed use: If irrigation: Number of acres historically irrigated: N/A; Legal description of acreage: a totalof 1.1 acres of lawn and garden located within the Crystal Island Ranch, see Exhibits A and B; If non-irrigation, describe purposefully: domestic use for 24 units. Jelinek Wells A, B, and C: Legal Description: see above. Date of initiation of appropriation:Jelinek Well A: 6/4/1992; Jelinek Well B: 10/7/1998; Jelinek Well C: 10/19/1994. How appropriation was initiated: by applicationfor exempt well permit, procurement of well permit, drilling of well, and diversion and application of water to beneficial use. Amt.claimed: 15 gpm, each, absolute. Use or proposed use: The uses permitted under Section 37-92-602, C.R.S., including fireprotection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one acre of home

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gardens and lawns, and the watering of domestic animals. Remarks: Applicant may operate these three wells as alternate points ofdiversion of the Avalanche Canal and Siphon, as above described; as exempt wells consistent with the current permits; or asaugmented wells within the said well fields and according to the augmentation plan set forth below. If the wells are operated asalternate points of diversion of the Avalanche Canal and Siphon or as augmented wells, then the diversions will be considered as partof the well field diversions (the 150 gpm and 100 gpm, as above described). As alternate points of diversion of the Avalanche Canaland Siphon or as augmented wells under this plan, the wells will be repermitted as fee wells. Name and address of owner of land uponwhich the said wells and place of use are located: Applicant. Applicant reserves the right to permit and operate any of the wellswithin the property as exempt wells, to the extent that they qualify as such under Section 37-92-602, C.R.S. Claim for Surface WaterRights. Name of structure: Lower Thomas Ranch Spring. Legal description of point of diversion: located in Sec. 22, T. 8 S., R. 88W. of the 6th P.M., at a point 1425 ft. from the S. line and 1650 ft. from the E. line of said Sec. 22. Date of initiation of appropriation:1890 as to absolute uses; 9/1/2001 as to conditional uses. How appropriation was initiated: as to absolute uses, by diversion of waterand application to beneficial use; as to conditional uses, by field investigation, formation of intent to appropriate, and submission toPitkin Cty. of Crystal Island Ranch Subdivision/P.U.D. Conceptual Submission (including 1041 Hazard and GMQS Submission andSpecial Review). Date water applied to beneficial use: 1890 as to absolute uses; N/A as to conditional uses. Amt. claimed: 0.25 cfs;absolute for irrigation, stockwatering, recreation, piscatorial and aesthetic; conditional for domestic and augmentation. Use orproposed use: If irrigation: Number of acres historically irrigated: supplemental irrigation of approximately 10 acres; Number ofacres proposed to be irrigated: supplemental irrigation of approximately 10 acres; Legal description of acreage: located near thecenter of Sec. 22, T. 8 S., R. 88 W. of the 6th P.M.; If non-irrigation, describe purpose fully: stockwatering, recreation, piscatorial,aesthetic, domestic and augmentation. The spring also fills the Polo Pond No. 2 applied for herein. Use is made by direct diversionand application to beneficial use, and by diversion into storage for subsequent application to beneficial use. Name and address ofowner of land on which structure and place of use are located: Applicant. Name of structure: Polo Ditch Augmentation Enlargement.Legal description of point of diversion: located in Sec. 23, T. 8 S., R. 88 W. of the 6th P.M. at a point 1950 ft. from the N. line and 900ft. from the W. line of said Sec. 23. Date of initiation of appropriation: 9/1/2001. How appropriation was initiated: by fieldinvestigation, formation of intent to appropriate, and submission to Pitkin Cty. of Crystal Island Ranch Subdivision/P.U.D. conceptualsubmission (including 1041 hazard and GMQS submission and special review). Date water applied to beneficial use: N/A. Amt.claimed: 1.0 cfs, conditional. Use or proposed use: Augmentation, aesthetic, and piscatorial. The Polo Ditch AugmentationEnlargement will be used to fill the Polo Pond Augmentation Enlargement and the Polo Pond No. 2 applied for herein. Name andaddress of owner of land on which structure and place of use are located: Applicant. Name of structure: Thomas Feeder DitchAugmentation Enlargement. Legal description of point of diversion: located in Sec. 26, T. 8 S., R. 88 W. of the 6th P.M. at a point550 ft. from the N. line and 2450 ft. from the E. line of said Sec. 26. Date of initiation of appropriation: 9/1/2001. How appropriationwas initiated: by field investigation, formation of intent to appropriate, and submission to Pitkin Cty. of Crystal Island RanchSubdivision/P.U.D. conceptual submission (including 1041 hazard and GMQS submission and special review). Date water applied tobeneficial use: N/A. Amt. claimed: 1.0 cfs, conditional. Use or proposed use: Augmentation, aesthetic, and piscatorial. TheThomas Feeder Ditch Augmentation Enlargement will be used to fill the Lewis Lake Augmentation Enlargement applied for herein.Name and address of owner of land on which structure and place of use are located: Applicant. Claim for Storage Water Rights.Name of structure: Polo Pond Augmentation Enlargement. Legal description: Location of dam: Sec. 22, T. 8 S., R. 88 W. of the 6th

P.M. at a point 2550 ft. from the S. line and 550 ft. from the E. line of said Sec. 22. If off-channel reservoir, name and capacity ofditch used to fill reservoir, and legal description of point of diversion: Polo Ditch Augmentation Enlargement, described more fullyabove. Date of appropriation: 9/1/2001. How appropriation was initiated: by field investigation, formation of intent to appropriate,and submission to Pitkin Cty. of Crystal Island Ranch Subdivision/P.U.D. conceptual submission (including 1041 hazard and GMQSsubmission and special review). Date water applied to beneficial use: N/A. Amt. claimed: 10 AF, conditional. Use: augmentation,piscatorial, and aesthetic. The Polo Pond has been constructed at an estimated capacity of 1.0 AF, and a water right in the amount of10 AF was previously decreed for the pond in Case Nos. 90CW129 and 90CW320 (Consolidated) and 98CW222 (in which the 1.0 AFwas decreed absolute). Applicant seeks confirmation of an augmentation water right in this case, and may enlarge the pond forstorage for subsequent release for augmentation and other purposes. Name and address of owner of land on which structure and placeof use are located: Applicant. Name of reservoir: Lewis Lake Augmentation Enlargement. Legal description: Location of dam:Sec. 23, T. 8 S., R. 88 W. of the 6th P.M. at a point 1100 ft. from the S. line and 2000 ft. from the W. line of said Sec. 23. If off-channel reservoir, name and capacity of ditch used to fill reservoir, and legal description of point of diversion: Thomas Feeder DitchAugmentation Enlargement described more fully above. Date of appropriation: 9/1/2001. How appropriation was initiated: by fieldinvestigation, formation of intent to appropriate, and submission to Pitkin Cty. of Crystal Island Ranch Subdivision/P.U.D. conceptualsubmission (including 1041 hazard and GMQS submission and special review). Date water applied to beneficial use: N/A. Amt.claimed: 10 AF, conditional. Use: augmentation, piscatorial, and aesthetic. Lewis Lake is a constructed lake of approximately 82.8AF, as provided in the decrees entered in Case Nos. 90CW129 and 90CW320 (Consolidated) and 98CW222. In this case, Applicantseeks to adjudicate an augmentation right for the lake in the amount of 10 AF. Name and address of owner of land on which structureand place of use are located: Applicant. Name of structure: Polo Pond No. 2. Legal description: Location of dam: Sec. 22, T. 8 S.,R. 88 W., 6th P.M., as a point 2625 ft. from the S. line and 1125 ft. from the E. line of said Sec. 22. If off-channel reservoir, name andcapacity of ditch used to fill reservoir, and legal description of point of diversion: Polo Ditch Augmentation Enlargement and Lower

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Thomas Ranch Spring, as described more fully above. Date of appropriation: 9/1/2001. How appropriation was initiated: by fieldinvestigation, formation of intent to appropriate, and submission to Pitkin Cty. of Crystal Island Ranch Subdivision/P.U.D. conceptualsubmission (including 1041 hazard and GMQS submission and special review). Date water applied to beneficial use: N/A. Amt.claimed: 10 AF, conditional. Use: augmentation, piscatorial, aesthetic. Name and address of owner of land on which structure andplace of use are located: Applicant. A map generally depicting the Crystal Island Ranch Development Property to be served and thesubject water rights is Exhibit A. Claim for Plan for Augmentation, Including Exchange. Names of structures to be augmented:Avalanche Canal and Siphon, when diverting at the alternate points above described; Crystal Island Ranch Alluvial Well Field;Crystal Island Ranch Property Well Field; Including the Jelinek Wells A, B, and C (if permitted and operated as other than exemptwells). Water rights to be used for augmentation: Polo Pond Augmentation Enlargement, Lewis Lake Augmentation Enlargement,and Polo Pond No. 2 described above. Description of plan for augmentation: Applicant seeks to adjudicate this augmentation plan,including exchange, to provide a legally viable water supply to serve the in-house potable water needs for 24 single-family residencesand associated lawn and garden irrigation. The lots will be served by any combination of the wells above described. The augmentedwells will divert either under the Avalanche Canal and Siphon priority as an alternate point of diversion, or under the ground waterrights claimed herein. Each of the residences is contemplated to have a diversion demand of 500 gallons/day for in-house domesticuses, for a total projected in-house diversion requirement of 13.45 AF annually for the 24 units. Wastewater treatment will be byseptic tank leach fields, with a projected consumptive use of 15 percent of diversions. Accordingly, the total domestic depletions areprojected to be 2.02 AF annually. The plan provides augmentation for irrigation of 2000 square ft. per dwelling unit, for a totalirrigated area of 1.1 acres. The projected irrigation demand is 2.23 AF, with a projected irrigation efficiency of 80 percent and basedupon the modified Blaney-Criddle method. Applicant projects that the total irrigation depletions will be 1.79 AF annually. Thus, thetotal projected water diversion demands associated with this project are 15.69 AF, and the total projected depletions are 3.81 AF.Applicant has developed a conservative augmentation plan which is capable of augmenting calls year-round. However, augmentationis required only when the diversions at the wells would otherwise be out of priority. All augmentation will occur by releases fromLewis Lake, Polo Pond, and/or Polo Pond No. 2 under the augmentation rights claimed herein. As the subject augmented wells areconstructed and the individual characteristics of the wells are known, Applicant will determine the delayed effect of pumping the wellson the Crystal River, and will develop an augmentation schedule that takes the delayed effect into account. Delayed effects are notconsidered to occur from any wells that are located within 100 ft. of the river and in the river alluvium. Applicant submits that as aresult of the implementation of this augmentation plan, including exchange, no injury will result to any vested or decreed conditionalwater rights. Claim for Amendment to Decrees. As provided in the Decree entered in Case Nos. 90CW129 and 90CW320(Consolidated), Applicant is entitled to the first 3 cfs available for diversion in priority in Thomas Creek, which 3 cfs is measured atthe headgate of the Lewis Ditch. The Court decreed that the first 3 cfs available for diversion in priority is a compilation ofApplicant's rights more particularly described as follows (which reads as Ditch Name, Amount, Adjudication Date, and AppropriationDate): Thomas No. 1 Ditch, 1.0 cfs, 5/11/1889, 4/25/1882; Thomas No. 1 Ditch, 1.2 cfs, 05/11/1889, 04/01/1884; Thomas No. 2Ditch, 0.8 cfs, 5/11/1889, 4/1/1884. This provision of the Consolidated Decree was based upon that certain stipulation and agreementbetween Richard Jelinek and Thomas Turnbull, which was filed in the said case file and recorded in the records of the Pitkin Cty.Clerk and Recorder at Reception No. 347621. In Case No. 97CW85, this Ct. further clarified how the stipulation would beadministered. Applicant seeks to amend the Decrees in 90CW129 and 90CW320 (Consolidated) and 97CW85 with respect to the saidstipulation only to provide that the Applicant is entitled to the first 3 cfs available for diversion in priority in Thomas Creek, and thatthe 3 cfs can be allocated to the Thomas No. 1 and Thomas No. 2 ditch rights described above and/or to the Polo Ditch AugmentationEnlargement and the Thomas Feeder Ditch Augmentation Enlargement for the sole purpose of storing and accounting for theaugmentation water in the Polo Pond Augmentation Enlargement, Polo Pond No. 2, and Lewis Lake Augmentation Enlargementapplied for herein. Pursuant to the stipulation between Jelinek and Turnbull, Turnbull will continue to be entitled to the next 2.6 cfsavailable for diversion on Thomas Creek as measured at the headgate of the Bane Ditch on Thomas Creek. No injury will occur toTurnbull's water rights or the vested or decreed conditional water rights of others as a result of this amendment. The requestedamendment will not expand nor diminish the exercise of the said Thomas No. 1 and Thomas No. 2 Ditch rights. Applicant requeststhat the Ct. mail a copy of the resume of this Application to Thomas Turnbull, pursuant to Section 37-92-302(3)(c)(I), C.R.S.Turnbull can be contacted at 928 Cty. Rd. 111, Carbondale, CO 81623; and c/o his counsel, Loyal Leavenworth, Esq. at Leavenworth& Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. (15 pages)

22. 02CW80 Garfield County; Divide Creek, Colorado River. Peter L. Israel and Wendy K. Gosewisch, c/o Leavenworth &Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Change of Water Right. Decreed name of structure:Louis Reynolds Ditch. From previous decree:

Case Number* Amount Adjudication Date Appropriation Date Priority Number

C.A. 89 .83 cfs 5/5/1888 4/19/1887 77

* Copies of the above-referenced decrees are attached to this application as Exhibit A.

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The original decreed point of diversion is as follows: The headgate is situate on the East bank of Divide Creek from which stream saidditch draws its supply of water at a point North 73�45' East 790 feet to Southeast corner of Section 24, Township 6 South, Range 92West of the 6th P.M. In Case No. W-386, Water Division No. 5, the headgate for the Louis Reynolds Ditch was decreed as follows:The headgate of the Louis Reynolds Ditch is located on the East bank of Divide Creek at a point in Section 25, Township 6 South,Range 92 West of the 6th P.M., whence the Northeast Corner of said Section 25 bears N. 78�15' E. 663 feet. Source: Divide Creek atributary of the Colorado River.Historic use: Irrigation. A copy of the diversion records for the Louis Reynolds Ditch is attachedhereto as Exhibit B. Proposed change: The Applicant requests an alternate point of diversion of the decreed location of the LouisReynolds Ditch water rights set forth above, to a point of diversion at the headgate of the Minneota Ditch, which is located at follows:The point of diversion is a point on the west bank of Divide Creek near the center of the east line of Section 24, Township 6 South,Range 92 West of the 6th P.M. In Case No. 95CW327, Water Division No. 5, the headgate of the Minneota Ditch was decreed asfollows: An existing headgate located on the left bank of Divide Creek approximately 1535 feet North of the South line and 600 feetWest of the East line of Section 24, Township 6 South, Range 92 West of the 6th P.M. Remarks: The Applicants are the owners ofapproximately 100 acres of land located in the N1/2 NE1/4 and theN1/2 SE1/4 NE1/4 of Section 24, Township 6 South, Range 92West of the 6th P.M. In 1984, the headgate of the Louis Reynolds Ditch was destroyed. The Applicants have diverted their share ofwater in the Louis Reynolds Ditch from the Minneota Ditch headgate for approximately five years. The Applicants maintain thatthere has been no change of use and no additional acreage irrigated by the Louis Reynolds Ditch diverted from the Minneota Ditchheadgate. Name and address of owner of land on which structure will be used: The headgate of the Minneota Ditch is located on landsowned by Applicants. The place of use is located on lands owned by the Applicants. (4 pages - 4 pages of attachments)

23. 02CW081 UNITED STATES DISTRICT COURT, DISTRICT OF COLORADO Consolidated Civil Case Nos. 2782,5016 and 5017 and DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO. APPLICATION FOR FINDING OFDILIGENCE AND NOTICE OF STORAGE CONTENT ELEVATION1. Name, address, telephone number(s) of applicants:

City and County of Denver, acting by and through its Board of Water Commissioners: (“Denver Water”)1600 West 12th Avenue,Denver, Colorado 80204303/628-6460Colorado River Water Conservation District acting by and through its Colorado River Water Projects Enterprise,(“CRWCD”)201 Centennial Street, Suite 200P.O. Box 1120Glenwood Springs, CO 81602970/945-8522

2. Name of structure:Wolford Mountain Reservoir to Dillon Reservoir and Montezuma Tunnel, also known as Harold D. Roberts Tunnel, exchange3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree:

A. Date of Original Decree: March 5, 1996 Case No. 91CW252Court: United States District Court, District of Colorado and

Water Court, Water Division No. 5, State of ColoradoB. Legal description:

Wolford Mountain Reservoir is an existing structure owned and operated by the CRWCD which stores water behind adam located across the channel of Muddy Creek, in Section 25, Township 2N, Range 81W, of the 6th Principal Meridianin Grand County, Colorado.Dillon Reservoir is an existing structure owned and operated by Denver Water which stores water behind a dam acrossthe channel of the Blue River, located in Section 13, Township 5S, Range 78W, of the 6th Principal Meridian, in SummitCounty, Colorado.Montezuma Tunnel, also known as the Harold D. Roberts Tunnel is an existing structure owned and operated byDenver Water, the point of diversion for which is the west portal of the tunnel which is located at a point whence the eastQuarter corner of Section 18, Township 5S Range 77W of the 6th Principal Meridian bears south 81º7’ east, 941.6 feet inSummit County, Colorado.

C. Source:(1) The water to be used for the exchange is from waters of Muddy Creek and its tributaries which have been stored in

Wolford Mountain Reservoir, described above.(2) The water to be stored or diverted by exchange is from the waters of the Blue River and its tributaries at or above Dillon

Dam, described above.D. Appropriation Date: March 3, 1987 Amount: 200 cfs conditional to a maximum exchange in any given year of

26,000 acre-feet.

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E. Use:The waters stored or diverted by exchange will be used through the Denver Municipal Water Works System for all municipal uses,

including domestic use, irrigation, mechanical use, manufacturing use, generation of electrical power, power generally, fireprotection, sewage treatment, street sprinkling, watering of parks, lawns, and grounds, the maintaining of adequate storagereserves, replacement, exchange, and the adjustment and regulation of the units of the Denver Municipal Water WorksSystem within themselves and with other water users. Such uses are to be repetitive to the fullest extent possible within thelimits of physical and economic feasibility as found by Denver Water. The water stored or diverted by exchange under theright decree herein is subject to the limitations of the October 12, 1955 Decree in these Consolidated Cases.

4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application ofwater to a beneficial use as conditionally decreed, including expenditures:A. Wolford Mountain Dam and Reservoir was completed and began storing water in May 1995. The CRWCD’s initial storage

decree for Wolford Mountain Reservoir in Case No. 87CW283 confirmed the appropriation of 59,993 acre-feet, conditional,for the reservoir. 32,986 acre-feet of the original conditional amount was confirmed absolute for recreational and piscatorialpurposes by the decree in Case No. 95CW251. A finding of reasonable diligence was awarded for the remaining amountsand uses in the same case. On June 2, 1996, storage contents in Wolford Mountain Reservoir reached elevation 7,482 feetabove mean sea level.

B. From 1996 through 2002, Denver Water expended $19,500,000.00 pursuant to a Lease Agreement dated March 3, 1987, andamended July 21, 1992.

C. Beginning June 2, 1996 Denver Water had available for its use 26,000 acre-feet in its storage account in Wolford MountainReservoir for exchange under the terms and conditions of the Lease Agreement and the decree in 91CW252. Water has beenreleased from Denver Water’s account for substitution as described in the Remarks section of this Application (¶ 7). Watercontinues to be available for exchange pursuant to the terms of the decree in 91CW252.

D. Pursuant to the terms of 91CW252, this conditional exchange may only be exercised when it is physically impossible forDenver Water, due to emergency conditions, to make exchange releases out of Williams Fork Reservoir. During the subjectdiligence period, 1996 – 2002, the emergency conditions did not arise. Denver Water has water available in its WolfordMountain Account that can be used for exchange should such emergency conditions arise.

E. Since March 5, 1996, Denver Water expended over 200 million dollars for the planning, design, construction, and litigationnecessary of the various components of the Denver Municipal Water Works System of which this conditional water right isan integral part.

F. Since March 5, 1996, the CRWCD expended over 15 million dollars for financing, operation and maintenance of WolfordMountain Reservoir. These expenditures are necessary to maintain a pool of water in Denver Water’s account for theeventual operation of this conditional exchange.

5. If claim to make absolute N/A6. Names(s) and address(es) of owner(s) of land on which structure is located, upon which water is stored.

1. CRWCD201 Centennial Street, Suite 200P.O. Box 1120Glenwood Springs, CO 81602

2. United States of AmericaBureau of Land ManagementKremmling Field OfficeP.O. Box 68Kremmling, CO 80459

The lands upon which the water is or will be placed to beneficial use is the Denver Municipal Waterworks System within themselves and withother water users, in the service area legally allowed under the October 12, 1955 final decree in these consolidated cases. It would not bepractical to list all owners of land that may receive this water.7. Remarks:

The decree in Case No. 91CW252 also provides for Denver Water to operate a substitution of water with Green Mountain Reservoir.After developing a plan of substitution, Denver Water operated such a substitution in 2001. In 2001, pursuant to the termsand conditions of the decree and the agreement with the Bureau of Reclamation, Denver Water owed 7,186 acre-feet of waterto Green Mountain Reservoir. Denver Water substituted 5,000 acre-feet of water from Wolford, 1,186 acre-feet fromWilliams Fork Reservoir, and 1,000 acre-feet remained in Dillon to be used for minimum flows from Dillon, if needed. TheCRWCD released water from Denver Water’s Wolford Mountain Reservoir account from August 17 through October 31 at adaily rate of from 11 to 49 cfs. Denver Water’s releases from Williams Fork began on August 12 and continued throughOctober 31 at daily flow rates that ranged from 3 to 15 cfs. Pursuant to the Decree in Case No. 91CW252, the first stage ofretained jurisdiction for the substitution component of 91CW252 began on June 2, 1996 when Wolford Reservoir reachedelevation of 7,482. (6 pages)

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24. 02CW82 JAMES T. and ELIZABETH ANNE HOSSLEY, 4023 Tiger Road, P.O. Box 3756, Breckenridge, CO 80424(Kenneth J. Burke, Esq., Bennington Johnson & Reeve, P.C., 370 17th Street, Suite 2480, Denver, CO 80202, (303) 629-5200).Application for Finding of Reasonable Diligence, IN SUMMIT COUNTY. Decreed name of structures: Wilds Camp Wells Nos. 1, 2and 3 (“The Wells”). Previous Decrees Entered: April 19, 1985, Case No. 83-CW-344; July 17, 1989, Case No. 89-CW-061; March11, 1996, Case No. 95-CW-146. Decreed Locations: (i) Wilds Camp Well No. 1, located in the SW1/4 NW1/4 of Section 14,Township 6 South, Range 77 West, 67th P.M. 2100 feet from the North section line and 1000 feet from the West section line of saidSection 14; (ii) Wilds Camp Well No. 2, located in the SE1/4 SW1/4 of Section 11, Township 6 South, Range 77 West, 6th P.M., 400feet from the South section line and 2400 feet from the West section line of said Section 11; and (iii) Wilds Camp Well No. 3, locatedin the NW1/4 NE1/4 of Section 14, Township 6 South, Range 77 West, 6th P.M., 10 feet from the North section line and 1400 feetfrom the East section line of said Section 14. Source of Water: Groundwater tributary to Muggins Gulch, a tributary to Swan River.Muggins Gulch, tributary to Swan River, tributary to the Blue River. Appropriation Date: August 11, 1983. Amounts: (i) WildsCamp Well No. 1: 0.0334 cfs (15 gpm) conditional; (ii) Wilds Camp Well No. 2: 0.0222 cfs (10 gpm) conditional; and (iii) WildsCamp Well No. 3: 0.0222 cfs (10 gpm) conditional. Uses: The proposed uses are in-house, domestic purposes. Detailed Outline ofWhat Has Been Done Toward or for Completion of the Appropriation and Application of Water to Beneficial Use as ConditionallyDecreed, Including Expenditures: Since the filing of the prior diligence application in Case No. 95-CW-146, Applicants havecontinued to actively pursue development of their Summit County property as a recreational site to be served by The Wells. Thesedevelopment activities are necessary in order for Applicants to most efficiently apply their conditional water rights to their decreedbeneficial uses and to determine the final design plans for The Wells and their associated water delivery facilities as well as those ofthe Wilds Camp Reservoir. These development activities have included: (a) Implementation of the second phase of construction atthe site, including construction of a 30’ x 82’ covered Guest Pavillion and a 40’ x 60’ three-story, multi-purpose building, togetherwith piping and plumbing systems for providing expanded in-building, domestic water service occasioned thereby along with thedisposal of domestic waste water produced in connection therewith. The latter building affords spaces designed for the shelter ofApplicant’s domestic animals and the storage of animal feed. It also contains enclosed, upper-level areas to be used for art andvarious other recreational activities. All of these facilities will serve guests who have used and will continue to utilize domestic waterto be drawn, in part, from The Wells; (b) Implementation of timber-clearing activities affecting six acres of Applicants’ landdesignated as a site for the future construction of additional guest lodging and recreational facilities together with their access roads, aswell as the conduct of continued construction planning for future phases of Applicants' improvements. Such planning includedtechnical work performed in connection with the construction of additional guest houses and their associated water supply systems aswell as the retention of legal counsel in connection therewith; (c) Retention of consultants to advise Applicants regarding both thenature and extent of plant and animal life in the area to be inundated by the planned Wilds Camp Reservoir as well as the manner inwhich such plant and animal life might be considered in constructing that Reservoir. The Reservoir will provide a source of water fordomestic, irrigation and recreational purposes which will be utilized by future guests drawing water from The Wells; (d) Drafting andprosecuting an Application for entry of findings of reasonable diligence regarding the Wilds Camp Reservoir in Case No. 01-CW-144.This Reservoir comprises a portion of Applicants’ overall integrated domestic water supply system; (e) Drafting and filing of thisapplication; (f) Completion of arrangements to acquire additional domestic animals to be maintained on Applicants’ lands. All ofApplicants’ domestic animals will serve Applicants' guests who have used and will continue to use water to be drawn, in part, fromThe Wells. Expenditures: Since December 1994, Applicant has incurred expenses of at least $100,000 for the cost of constructionand related work as well as for legal and technical fees associated with the supportive legal and water court activities detailed above (5pages)

25. 00CW240 GARFIELD COUNTY, COLORADO RIVER, Western Mobile Northern, Inc., P.O. Box 2187, Fort Collins,CO 80522, (970) 407-3669; c/o Thomas K. Snodgrass, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502,(970) 242-6262; AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS AND APPROVAL OF A PLAN FORAUGMENTATION. Application for Underground Water Rights: Structure: Dere Pit. Legal: Lot 4 (NE/4SW/4) of Section 35, T 6S,R 95W, of the 6th P.M. The center is located approximately 2,300 feet east of the west section line and 1,900 feet north of the southsection line of Section 35; Source: The Dere Pit intercepts and withdraws groundwater tributary to the Colorado River; Appropriation:December 31, 1981. Surface Area and Depletions: surface area of approximately 8.86 acres; annual evaporative depletions total 26.75acre feet; Amount: 26.75 acre feet absolute; Uses: Industrial uses in connection with the reclamation of the Dere Pit. Plan forAugmentation: Structure to be Augmented: Dere Pit; Plan for Augmentation: The Colorado River is considered over-appropriatedduring the months of July through October. However, a call may occur anytime during the irrigation season of April 15 throughOctober 31 of each year (the “Call Period”). Applicant has developed this augmentation plan to replace out of priority, evaporativedepletions that occur as a result of the exposure of groundwater in the Pit to the atmosphere during the Call Period. The water rightsclaimed for the Dere Pit will be in priority from November 1 through April 14, and no augmentation or replacement of depletions shallbe required during this period. During the Call Period, Applicant claims evapotranspiration credits for the removal of thephreatophytes and native grasses to offset the evaporative depletions. Evapotranspiration credits for phreatophyte removal from the8.86 acres (the exposed water surface area), including an adjustment for altitude, total 20.64 acre feet per year. Theseevapotranspiration credits are sufficient to offset all evaporative depletions during the months of September and October and all but a

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total of 1.44 acre feet during the remainder of the Call Period. Applicant is eligible for the use of such evapotranspiration credits inconnection with an augmentation plan pursuant to C.R.S. § 37-92-305(12)(a). For the purpose of augmenting the remaining 1.44 acrefeet in evaporative depletions during the Call Period, Applicant has obtained or will obtain a contract with the West Divide WaterConservancy District (the “District”) in the amount of 1.50 acre feet for water to be released from Ruedi Reservoir, Green MountainReservoir, and/or other sources available to the District into the Colorado River. Such amounts will be released upon the order of theDivision Engineer in an amount and at a rate sufficient deemed sufficient by the Division Engineer to replace any such out-of-priorityevaporation losses, up to the total amount of water for which Applicant has contracted. In the event such amounts are deemedinsufficient to cover all of Applicant’s depletions, Applicant will provide such additional augmentation water as is necessary toreplace the additional depletions from District sources or other sources lawfully available to Applicant for its use. (7 pages)

26. 01CW050 GARFIELD COUNTY, Frying Pan River, tributary to Roaring Fork River, tributary to Colorado River.Burning Mountain Trucking Center, LLC, c/o Scott M. Balcomb, Anne Marie Callahan, Balcomb & Green, P.C., P.O. Drawer 790,Glenwood Springs, CO 81602. Amended Application for Finding of Reasonable Diligence, to Make Water Right Absolute, and toAmend Plan for Augmentation. Claim for Finding of Reasonable Diligence and to Make Water Right Absolute. Name of structures:Rippy Well Nos. 1-3. Information from previous decree for subject conditional water rights: Date of Original Decree: 11/28/1984,Case No.: 92CW145, Water Court, Water Div. 5. Location: Rippy Well No. 1 is located in the NE1/4SE1/4 of Sec. 5, T 6 S, R 91 Wof the 6th P.M. at a point 1773 ft. N of the S line and 215 ft. W of the E line of said Sec. 5. Rippy Well No. 2 is located in theNE1/4SE1/4 of Sec. 5, T 6 S, R 91 W of the 6th P.M. at a point 1913 ft. N of the S line and 50 ft. W of the E line of said Sec. 5. RippyWell No. 3 is located in the NE1/4SE1/4 of Sec. 5, T 6 S, R 91 W of the 6th P.M. at a point 2063 ft. N of the S line and 50 ft. W of theE line of said Sec. 5. Source: Rippy Well Nos. 1, 2, and 3: Colorado River alluvium. Approp. Date: Rippy Well Nos. 1- 3:01/01/1970. Amt.: Rippy Well Nos. 1 - 3: 0.067 c.f.s. each. Use: Rippy Well Nos. 1 - 3: Irr., mun., and dom. Work done to showreasonable diligence: The Applicant and its predecessor in interest have developed the property, constructed improvements thereon,obtained well permits for the three wells, constructed Rippy Well Nos. 2 and 3, and placed water from Rippy Well No. 3 to beneficialuse. Applicant has also obtained West Divide Water Conservancy Dist. contract number 011031BMT(a) to provide augmentationwater for the Rippy Wells, as more fully described below. Claim for Amendment to Plan for Augmentation In Case No. 82CW145,the Applicant's predecessor in interest adjudicated an augmentation plan for the property which is now the Burning Mountain TruckCenter, which included the Rippy Reservoir as an augmentation source for the Rippy Well Nos. 1, 2, and 3 during the non-irrigationseason. Since that decree was entered, Applicant has obtained a West Divide Water Conservancy Dist. ("West Divide") contract for2.0 a.f. to allow for non-irrigation season augmentation using a mix of Ruedi Reservoir and Green Mountain Reservoir sources. Thepurpose of the within amendment is to replace releases from the Rippy Reservoir as an augmentation source with water availablethrough the West Divide contract. The release of West Divide water pursuant to the West Divide contract will obviate any need toconstruct or use the Rippy Reservoir for augmentation purposes during the non-irrigation season. Previous decrees for West Dividewater rights which will be used to replace the Rippy Reservoir as the non-irrigation season augmentation source are: Ruedi Reservoir:Date Entered: 06/20/1958, Case No.: C.A. 4613, Garfield County Dist. Court. Legal Description: Ruedi Reservoir is located in partsof Secs. 7, 8, 9, 11 and 14 through 18, T 8 S, R 84 West, 6th P.M., in Eagle and Pitkin Counties. The dam thereof is located in theNW1/4 of Sec. 18, T 8 S, R 84 West, 6th P.M. Source: The Frying Pan River, trib. to the Roaring Fork River, trib. to the ColoradoRiver. Approp. Date: 07/29/1957. Amt.: 101,369 a.f. Use: Dom., mun., irr., industrial, generation of electrical energy, stockwatering and piscatorial uses. Green Mountain Dam and Reservoir: Date Entered: 10/12/1955. Case No.: (2782, 5016 and 5017).United States Dist. Court for the Dist. of Colorado. Legal Description: Green Mountain Reservoir on the Blue River, a trib. of theColorado River is located in all or parts of Secs. 11, 12, 13, 14, 15 and 24, T 2 S, R 80 West, and Secs. 17, 18, 19, 20, 21, 28, 29, 33and 34, T 2 S, R 79 West, 6th P.M., Summit Cty. Source: Blue River and all tributaries of the Blue River upstream from the dam andElliot Creek by means of its diversion canal, all of which are within the Colorado River Basin. Approp. Date: 08/01/1935. Amt.:154,645 a.f. Applicant seeks to amend the 82CW145 augmentation plan only to replace releases from the Rippy Reservoir withreleases of West Divide water. The total diversion requirements for Rippy Well Nos. 1, 2, and 3, and the total contemplated depletionswill not change as a result of this amendment. The augmentation plan, as amended, is conservative and capable of replacing all non-irrigation season depletions to the river system pursuant to Applicant's contract with West Divide. Applicant has contracted for 2.0 a.f.annually, which is sufficient to augment 100% of the non-irrigation season depletions. A copy of the West Divide contract is attachedas Exhibit A to this application, available at the Garfield Cty. Courthouse. Applicant specifically seeks to amend the 82CW145augmentation plan by replacing paragraph 19 of the 82CW145 decree entirely with the following: Applicant's plan for augmentationrequests approval to increase the water supply available to the Rippy Wells #1, #2, and #3 by virtue of partial cessation of use ofapplicant's interest in the Ware and Hinds Ditch decrees described hereinabove within the historic irrigation season. Applicant intendsto increase the supply of water outside the historic irrigation season by virtue of releases of Ruedi Reservoir and Green MountainReservoir water, which are released by virtue of applicant's contract with West Divide. Applicant also seeks to amend the 82CW145augmentation plan by replacing paragraph 22(b) of the 82CW145 decree entirely with the following: Applicant shall maintain itscontract with West Divide (Contract #011031BMT(a)) so that releases of West Divide water from either Ruedi Reservoir or GreenMountain Reservoir can be made to the Colorado River System and that said releases may be measured in order to enable the DivisionEngineer to administer this augmentation plan. (7 pages).

MARCH 2002 RESUMEWATER DIVISION 5

PAGE 23

27. 01CW154 GARFIELD COUNTY-BIG SALT WASH CREEK, TRIBUTARY OF THE COLORADO RIVER.Beskadi, LLP; Raymond C. Cole, Partner; 403 Kennedy Ave., Ste. C; Grand Junction, CO 81501 970-263-4701. Middlecamp DitchNo. 1 & 2 .Amended Application for Change of Water Right. Middlecamp Ditch No. 1-Location: at a point on the west bank of theBig Salt Wash Creek from which NE corner of Sec.36, T.7S., R. 101W., of the 6th P.M. bears E of Sec. line N11’34” W a distance of1370’. Appropriation: May 1, 1806. Amount: 0.600 cfs. Use: historic use will remain the same no more than 40 acres. MiddlecampDitch No. 2- Location: at a point on the westbank of the Big Salt Wash from which the NW corner of Sec. 31, T7S., R.102W of the 6P.M. bears West 35’11” N 913ft. Maybe errors due to resurvey. Appropriation: July 6, 1918. Amount: 0.100 cfs. Use: historic usewill remain the same no more than 40 acres. (11 pages)

28. 01CW169 –GARFIELD COUNTY-GROUNDWATER TRIBUTARY TO DRY HOLLOW CREEK. Dixie C. Burnett;7353 331 Rd.; Silt, CO 81652 970-876-2144. Grace Well – Amended Application for Underground Water Right. Location:SW1/4NW1/4 of Sec. 15, T7S., R. 92W., 6th P.M. 1, 450 ft. from north sec. line and 750 ft. from west sec. line. Appropriation: August26, 1999. Amount: 15 gpm, absolute. Use: household. Applicant requests that this well be adjudicated as an exempt well. (3 pages)

29. 01CW228-MESA COUNTY-IRRIGATION WASTEWATER FROM THE GUNNISON RIVER PROVIDED BYREDLANDS WATER & POWER CO. WHICH DRAINS INTO RED CANYON WHICH IS A TRIBUTARY OF THECOLORADO RIVER. Richard D. Taylor; 537 Oriole Dr.; Grand Junction, CO 81503 970-243-4668. Taylor Waste Water Ditch-Second Amended Application for Water Rights(Surface). Location: NE1/4SE1/4 of Sec. 17, T1S., R.1W., Ute P.M. 2, 800 ft. fromsouth sec. line and 4975 ft. from east sec. line. Appropriation: September 20, 2001. Amount: 0.1 cfs, absolute. Use: irrigation of 1 acreof land. (5 pages)

30. 01CW249 - GRAND COUNTY - WATER DIVISION NO. 5 - COLORADO RIVER. Welton J. Bumgarner, P.O. Box276, Kremmling, CO 80459 c/o Stanley W. Cazier, P.O. Box 500, Granby, CO 80446 (970) 887-3376. AMENDEDAPPLICATION FOR CHANGE OF WATER RIGHT. Name of Structure: Starr Gulch Halloween No. 1 Ditch. Source: StarrGulch Tributary to Troublesome Creek, Tributary to Colorado River. Location: The point of diversion is located in the NW1/4SW1/4,Sec. 36, T2N, R80W, 6th P.M., at a point 2,896 feet South of North line and 0 feet East of the West line of said Sec. 36. Use: Decreedfor irrigation, livestock water, industrial, fish propagation. Ditch will irrigate same lands as original decree provided for in NW1/4Section 12, S1/2 NE1/4 Section 11, N1/2 SE1/4, Section 11, T1N, R80W of the 6th P.M. Type of Structure: Ditch and pump.Amount: 20.0 cfs. Previous Decree: January 24, 1980, Case No. W-3956, Water Division No. 5. Appropriation Date: October 31,1978. Proposed Change: Applicant requests new point of diversion as follows: Section 12, T1N, R80W, 6th P.M., 3500'N of Southline, and 3500' West of the East line of said Section. In SE1/4 NW1/4 of said Section 12. (3 pages)

31. 01CW316, Mesa County, Colorado River. James D. Gibson, P.O. Box 151, Mack, CO 81525, (970) 858-0777; c/o MarkA. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. AMENDEDAPPLICATION FOR SURFACE WATER RIGHTS. Structure: Ruby Canyon Pump and Pipeline, First Enlargement; Water maybe diverted at any or all of the following alternate points of diversion: Ruby Canyon Pump No. 1: 3,900 feet from the East line and3,300 feet from the South line, Sec. 18, T. 10 S, R. 103 W., 6th P.M.; Ruby Canyon Pump No. 2: 3,725 feet from the East line and2,575feet from the South line, Sec. 18, T. 10 S, R. 103 W., 6th P.M.; Ruby Canyon Pump No. 3: 3,700 feet from the East line and1,300 feet from the South line, Sec. 18, T. 10 S, R. 103 W., 6th P.M.; and Ruby Canyon Pump No. 4: 4,250 feet from the East line and4,500 feet from the South line, Sec. 19, T. 10 S, R. 103 W., 6th P.M.: Source: Colorado River; Appropriation: May 29, 2001;Amount: 4.6 c.f.s., conditional; Use or proposed use: Irrigation, stockwatering and piscatorial purposes. The water diverted under thiswater right may be used directly for any of the purposes described above, and/or it may be stored in ponds on the Applicant’s propertyfor subsequent release and/or use for any of such purposes.(4 Pages)

32. 01CW362 – GARFIELD, PITKIN, EAGLE and SUMMIT COUNTIES – Crystal River, tributary to Roaring ForkRiver and Roaring Fork River, tributary to Colorado River; Frying Pan River and Blue River, tributaries of Colorado River.Aspen Glen Golf Company and Aspen Glen Golf Club Management Company, c/o Lori J.M. Satterfield, Balcomb & Green, P.C.,P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Application for Change of Water Rights, and to Amend andSupplement Decreed Plan for Augmentation. Water rights to be changed: Aspen Glen Lake Nos. 1 through 15. Information FromOriginal Decree for subject water rights: Date of Original Decree: 12/7/1995. Case No.: 93CW192. Water Ct., Water Div. No. 5.Appropriation date: 6/29/1992. Table 1.

Name ofLake

Legal Description Amount Claimed in AF SurfaceArea atHighWaterLine

(acres)

Filled by AspenGlen Enlargements

to the FollowingDitches:

MARCH 2002 RESUMEWATER DIVISION 5

PAGE 24

TotalStorage

ActiveStorage

DeadStorage

Aspen GlenLake No. 1

NE quarter,NW quarterSec. 29, T7S,R88W,NE Corner of Sec. 29bears N. 89 degrees 0'E,2,760'

16.0 16.0 0 1.61 Crane & PeeblesDitch, GlenwoodDitch

Aspen GlenLake No. 2

SE quarter, SW quarter,Sec. 20, T7S, R88 W,SE Corner of Sec. 20bears S. 85 degrees 45'E, 3,080'

16.0 16.0 0 1.60 Crane & PeeblesDitch, GlenwoodDitch

Aspen GlenLake No. 3

SE quarter,SW quarter,Sec. 20, T7S, R88W,SE Corner of Sec. 20bears S. 82 degrees 30'E, 3,475'

10.0 10.0 0 1.01 Crane & PeeblesDitch, GlenwoodDitch

Aspen GlenLake No. 4

SW quarter, SE quarter,Sec.20, T7S, R88 W,SE Corner of Sec.20bears S. 63 degrees00'E,2,535'

1.4 1.4 0 0.14 Crane & PeeblesDitch, GlenwoodDitch

Aspen GlenLake No. 5

SE quarter,SW quarter,Sec.20, T7S, R88W, SECorner of Sec. 20 bearsS. 74 degrees 15'E,4,025'

2.6 2.6 0 0.26 Crane & PeeblesDitch, GlenwoodDitch

Aspen GlenLake No. 6

NW quarter, SWquarter, Sec. 20, T7S,R88W, SE Corner ofSec. 20 bears S. 64degrees 45'E,4,800'

17.5 17.5 0 1.75 Crane & PeeblesDitch, GlenwoodDitch

Aspen GlenLake No. 12

NE quarter, SW quarter,Sec.20, T7S,R88W, SECorner of Sec.20 bearsS. 50 degrees 30'E,3,980

2.8 2.8 0 0.28 Crane & PeeblesDitch

Aspen GlenLake No. 13

SE quarter, NW quarter,Sec.20, T7S, R88W, SECorner of Sec.20 bearsS. 51 degrees 0' E,4,225'

4.1 4.1 0 0.41 Crane & PeeblesDitch

Aspen GlenLake No. 7

SE quarter, NW quarter,Sec. 19, T7S, R88W,NE Corner of Sec. 19bears N. 58 degrees15'E., 3,575'

37.0 37.0 0 3.72 Kaiser & SieversDitch

MARCH 2002 RESUMEWATER DIVISION 5

PAGE 25

Amount Claimed in AFName ofLake

Legal Description

TotalStorage

ActiveStorage

DeadStorage

SurfaceArea atHighWaterLine

(acres)

Filled by AspenGlen Enlargements

to the FollowingDitches:

Aspen GlenLake No. 8

NW quarter, NE quarterSec.19, T7S, R88W,NE Corner of Sec.19bears N.64 degrees 45'E, 2,855'

4.6 4.6 0 0.46 Kaiser & SieversDitch

Aspen GlenLake No. 9

NE quarter, NWquarter, Sec. 19, T7S,R88W, NE Corner ofSec. 19 bears N. 76degrees 30' E, 3,070'

8.3 8.3 0 0.83 Kaiser & SieversDitch

Aspen GlenLake No. 10

SE quarter, NE quarter,Sec. 13, T 7 S, R89W,SE Corner of Sec. 13bears S. 17 degrees45'E,2,955'

7.8 7.8 0 0.78 Kaiser & SieversDitch

Aspen GlenLake No. 11

SE quarter, NE quarter,Sec. 13, T7S, R89W,SE Corner of Sec. 13bears S. 17 degrees45'E, 3,410'

26.6 26.6 0 1.33 Kaiser & SieversDitch

Aspen GlenLake No. 14

SE quarter, SE quarter,Sec. 13, T7S, R89W,SE Corner of Sec. 13bears S. 1 degrees 45'E,1,115'

2.2 2.2 0 0.22 Kaiser & SieversDitch

Aspen GlenLake No. 15

SW quarter, SE quarter,Sec. 18, T7S, R88W,SE Corner of Sec. 18bears S. 83 degrees 0'E,1,310'

5.5 5.5 0 0.55 Kaiser & SieversDitch

Use: used within the Aspen Glen P.U.D. for multiple uses including, but not limited to, irrigation, recreation, aesthetic, fireprotection, water quality enhancement and piscatorial. Maximum height of dam for each lake: less than 10 ft. Length of dam: thelakes are generally constructed below grade and do not have the traditional embankment dams. The active capacity of the lakes arecontrolled by the outlet features and level of pump intakes for each lake. The Aspen Glen Lake Nos. 1 through 15 were decreed inCase No. 93CW192 to be filled by the Kaiser and Sievers Ditch Aspen Glen Enlargement, Crane and Peebles Ditch Aspen GlenEnlargement, and Glenwood Ditch Aspen Glen Enlargement, in accordance with the foregoing Table. Each of said ditches is decreedfor 20 cfs for purposes of filling the lakes, among other uses. The decreed points of diversion of the said ditches are as follows:Kaiser & Sievers Ditch Aspen Glen Enlargement. Location: Former decreed point of diversion of the Kaiser and Sievers Ditch: Theheadgate is located on the west bank of the Crystal River, about one and one-fourth miles from the mouth in Sec. 33, T. 7 S., R. 88 W.,6th P.M. Correct surveyed headgate location: situated in Lot 14 of Sec. 33, T. 7 S., R. 88 W. of the 6th P.M. located at a point whencethe NW corner of said Sec. 33 bears N. 31degrees58'47" W. a distance of 4203.87 ft. and the diversion point is situated in Lot 14 ofSec. 33, T. 7 S., R. 88 W. of the 6th P.M. located at a point whence the NW Corner of said Sec. 33 bears N. 30degrees56'40" W. adistance of 4,595.91 ft. Crane and Peebles Ditch Aspen Glen Enlargement. Location: protracted point of diversion: the headgate islocated on the N. bank of the Roaring Fork River in the NE quarter SE quarter, Sec. 28, T. 7 S., R. 88 W. of the 6th P.M., morespecifically described as a point whence the E quarter corner of said Sec. 28 bears N. 27degrees50' E. a distance of 1,450 ft.Glenwood Ditch Aspen Glen Enlargement. Location: on the northeasterly bank of the Roaring Fork River at a point whence the N

MARCH 2002 RESUMEWATER DIVISION 5

PAGE 26

quarter corner of Sec. 28, T. 7 S., R. 88 W., 6th P.M., bears N. 7degrees28" E., 2,159 ft. Proposed change of Aspen Glen Lake Nos. 1through 15: Aspen Glen has constructed the lakes, which are integral features of the golf course and the residential community.Water has been stored in the lakes and placed to beneficial use for all the decreed purposes. The purpose of this change application isto conform the decree to the as-built structures. The total as-built capacity of the lakes is 122.66 AF, which is less than the 162.6 AFof storage capacity originally decreed in Case No. 93CW192. With respect to the lakes located east of the Roaring Fork River, thetotal area is 7.74 surface acres, which is 0.68 acre more than the total surface area augmented under 93CW192. With respect to the as-built lakes located west of the Roaring Fork River, the total area is 7.99 acres, which is 0.1 acre more than the total surface areaaugmented under 93CW192. As more fully described below, Applicants seek to amend and supplement the augmentation plandecreed in 93CW192 to augment the out-of-priority depletions associated with the evaporative losses from the total 0.78 acre ofenlarged surface area. Applicants seek to change the water rights for the Aspen Glen Lakes to conform in all respects to theinformation contained in the following table (Table 2):

Lake Number. As-Built Area &Capacity As-Built Legal Description

Location(East orWest of

theRoaring

ForkRiver)

Numberdecreed in93CW192

As-builtnumber

Surface Area@ HWL

(acre)

Volume(af)

quarter,quarter

&Section

Legal Description

Filled by AspenGlenEnlargements tothe following Ditches

East 1 1 1.77 14.54NE,NW,2

9

Whence the NE CornerSection 29 bears N89 25

43E, 2832.05 ft

Crane and PeeblesD., Glenwood D.

East 2 2 1.22 9.72SE,SW,2

0

Whence the SE CornerSection 20 bears S84 17

47E, 3143.21ft

Crane and PeeblesD., Glenwood D.

East 3 3 0.86 6.61SE,SW,2

0

Whence the SE CornerSection 20 bears S81 39

02E, 3530.98 ft

Crane and PeeblesD., Glenwood D.

East 4 4 0.80 5.31SW,SE,2

0

Whence the SE CornerSection 20 bears S64 43

37E, 2538.55 ft

Crane and PeeblesD., Glenwood D.

East 6 5 2.08 16.58NW,SW,

20

Whence the SE CornerSection 20 bears S63 37

31E, 4695.95 ft

Crane and PeeblesD., Glenwood D.

East 12 6 1.01 7.67NE,SW,2

0

Whence the SE CornerSection 20 bears S53 23

29E, 3744.09 ft

Crane and PeeblesD.

EastSubtotal 7.74 60.43

West 7 7 3.13 27.45SE,NW,1

9

Whence the NE CornerSection 19 bears N58 29

10E, 3438.57 ft

Kaiser and SieversD.

West 8 8 0.68 4.91NW,NE,

19

Whence the NE CornerSection 19 bears N63 24

17E, 2857.97 ft

Kaiser and SieversD.

West 9 9 0.74 5.79NE,NW,1

9

Whence the NE CornerSection 19 bears N77 28

43E, 3096.09 ft

Kaiser and SieversD.

West 10 10 1.00 7.12SE,NE,

13

Whence the SE CornerSection 13 bears S17 15

25E, 2888.06 ft

Kaiser and SieversD.

West 11 11 0.59 4.50SE,NE,

13

Whence the SE CornerSection 13 bears S09 19

49E, 3292.70 ft

Kaiser and SieversD.

West 12 0.12 0.59NE,SE,

13

Whence the NE CornerSection 19 bears N18 43

02E 2997.38 ft

Kaiser and SieversD.

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PAGE 27

West 13 0.15 0.65NE,SE,

13

Whence the NE CornerSection 19 bears N14 35

41E 3140.77 ft

Kaiser and SieversD.

West 14 0.10 0.46SE,NE,

13

Whence the NE CornerSection 19 bears N11 42

42E 2517.97 ft

Kaiser and SieversD.

West 15 0.11 0.63SE,NE,

13

Whence the NE CornerSection 19 bears N03 46

04E 2368.19 ft

Kaiser and SieversD.

West 16 0.07 0.23NW,NE,

13

Whence the NE CornerSection 19 bears N68 52

25E 2695.34 ft

Kaiser and SieversD.

West 17 0.80 6.15NE,NW,

13

Whence the NE CornerSection 19 bears N70 26

20E 3073.47 ft

Kaiser and SieversD.

West 18 0.50 3.75NW,NE,

13

Whence the NE CornerSection 19 bears N80 02

02E 2662.48 ft

Kaiser and SieversD.

WestSubtotal 7.99 62.23

TOTAL 15.73 122.66NOTES:

1) Surface areas and legal descriptions from Schmueser, Gordon, Meyer Inc. field survey2) Lake volume calculated by using conic method based on assumed 10' lake depth and 2:1 side slopes.3) All Lakes are located in T. 7 S., R. 88 W. of the 6th P.M. in Garfield County, Colorado.

Aspen Glen therefore seeks to change the water rights in and to the Aspen Glen Lakes Nos. 1 through 15 to be the Aspen Glen LakeNos. 1 through 18, as described in Table 2. Claim for Confirmation of Priority. The Aspen Glen Lake Nos. 1 through 18, asdescribed in Table 2, have a combined storage capacity of 122.66 AF, which is less than the original decreed combined storagecapacity of 162.6 AF decreed in the Aspen Glen Lakes in Case No. 93CW192. Applicants will augment all out-of-priorityevaporative losses from the lakes. Applicants claim that the evaporation from the 0.78 acre of enlarged surface area of the constructedAspen Glen Lake Nos. 1 through 18 should be decreed and administered as occurring under the original decreed priority of the AspenGlen Lakes. No injury will occur as a result of such administration under the 12/31/1993 adjudication date, because all of the out-of-priority evaporative depletions from said 0.78 acre of surface area will be augmented pursuant to the amended and supplementalaugmentation plan described below. Alternatively, Applicants seek a water right for the evaporative losses from the said 0.78 acre oflake surface to be administered under a 12/31/2001 decree date. Claim for Amendment to Plan for Augmentation and SupplementalPlan for Augmentation. Applicants seek to amend and supplement the augmentation plan decreed in 93CW192 to conform theaugmentation plan to the as-built Lake Nos. 1 through 18 structures, as claimed and described herein. Specifically, Applicants seek toamend the 93CW192 proposed decree to replace paragraph 8.C.(3) (pages 14 and 15) entirely with the following: 8.C.(3):Augmentation of Evaporative Depletions From the Aspen Glen Lake Nos. 1 through 18: During the period May 1 through Oct. 30,evaporative depletions from the Aspen Glen Lake Nos. 1 through 18 shall be augmented by dry up of lands historically irrigated bythe three senior priorities of the Kaiser and Sievers Ditch and by the senior priority of the Crane and Peebles Ditch. Net annual lakeevaporation from the 15.73 surface acres of lakes is an average of 36.03 acre feet during the period May 1 through Oct. 30. Thesedepletions shall be augmented by dry up of 10.06 acres historically irrigated under the Kaiser and Sievers ditch and 9.75 acreshistorically irrigated under the Crane and Peebles Ditch. The portions of the priorities dedicated to the said dry up under this part ofthe augmentation plan are as follows: Kaiser and Sievers Ditch: 0.075 cfs; Kaiser and Sievers Ditch First Enlargement: 0.096 cfs;Kaiser and Sievers Ditch Second Enlargement: 0.054 cfs; Crane and Peebles Ditch: 0.352 cfs. During the period Nov. 1 throughApril 30, the total evaporative depletions associated with the lakes is 7.80 AF. These depletions shall be augmented by releases fromRuedi Reservoir and/or Green Mountain Reservoir (or other sources that may be legally available to the Districts and approved bycourt decree or action by the Office of the State Engineer). Releases shall be made during this period as described below.

MARCH 2002 RESUMEWATER DIVISION 5

PAGE 28

Month

Evaporation West of Roaring Fork River (acre

feet) 1

Evaporation East of Roaring

Fork River (acre feet) 2

Total Lake Evaporation (acre feet)

Augmentation of Lake Evaporation by releases from Ruedi Reservoir 3

January 0.13 0.12 0.25 0.26February 0.38 0.37 0.76 0.80March 0.73 0.71 1.44 1.51April 1.19 1.16 2.36 2.47May 2.10 2.04 4.14 0.00June 3.41 3.30 6.71 0.00July 4.22 4.09 8.31 0.00August 3.80 3.68 7.48 0.00September 3.00 2.91 5.90 0.00October 1.78 1.72 3.50 0.00November 1.09 1.06 2.16 2.26December 0.42 0.41 0.82 0.86Totals 22.26 21.58 43.83 8.18

1 Surface area of lakes located west of the Roaring Fork River is 7.99 acres.2 Surface area of lakes located east of the Roaring Fork River is 7.74 acres.3 During the period November through April of each year, lake evaporative depletions shall be augmented by releases

from Ruedi Reservoir, Green Mountain Reservoir, or other sources that may be legally available to the Districts andapproved by Court decree or action by the Office of the State Engineer. The figures expressed in this column includethe addition of a 5 percent carriage loss.

The information from the previous decrees for Ruedi Reservoir and Green Mountain Reservoir is as follows: Ruedi Reservoir: Legaldescription: an on-channel reservoir located in Secs. 7, 8, 9, 11, and 14 through18, T. 8 S., R. 84 W. of the 6th P.M. The reservoir islocated in portions of Eagle and Pitkin Counties. Adjudication Date: 6/20/1958. Appropriation Date: 7/29/1957. Case No.: C.A.4613. Court: Garfield Cty. Dist. Ct. Decreed Amt.: 102,369 AF (Originally decreed for 140,697.3 AF; reduced to 102,369 AF inCase No. W-789-76). Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. Bydecree of the Water Ct. in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF, conditional. InWater Court Case No. 95CW95, 44,509 AF was made absolute. Green Mountain Reservoir. Legal description: locatedapproximately 16 miles SE of the Town of Kremmling in Summit Cty., CO, and more particularly in all or parts of Secs. 11, 12, 13,14, 15, and 24 of T. 2 S., R. 80 W., and in Secs. 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W. of the 6th P.M. AdjudicationDate: 10/12/1955. Appropriation Date: 8/1/1935. Case No.: 2782, 5016, and 5017. Court: U.S. Dist. Ct., Dist. of CO. DecreedAmount: 154,645 AF. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation ofProject Facilities and Auxiliary Facilities" in Senate Document 80. In 93CW192, this Ct. decreed that Aspen Glen has available 143.2AF of excess consumptive use credit associated with the dry up of lands historically irrigated under the Crane and Peebles Ditch andKaiser and Sievers Ditch. As a result of the above-described revision to paragraph 8.C.(3) of the 93CW192 Decree, a portion of thedecreed excess consumptive-use credits will be dedicated to this augmentation plan, as amended, to augment the evaporation from theenlarged surface area of the Aspen Glen Lake Nos. 1 through 18 during the irrigation season. The decretal information regarding theCrane and Peebles Ditch and Kaiser and Sievers Ditch is as follows:

Structure Adj. Date Appr.Date

Case No. Decreed

Amount (cfs)

Amount (cfs)owned by

Aspen Glen

Source Uses

Kaiser &Sievers Ditch

05/11/1889

11/02/1885

C.A. 132 4.0 2.30 CrystalRiver

Irrigation

Kaiser &Sievers DitchFirstEnlargement

05/11/1889

10/12/1886

C.A. 132 3.6 2.97 CrystalRiver

Irrigation

Kaiser &Sievers DitchSecondEnlargement

08/26/1910

04/15/1902

C.A. 1432 2.0 1.65 CrystalRiver

Irrigation

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Crane andPeebles Ditch

04/06/1909

04/01/1885

C.A. 1351 6.4 6.24 RoaringFork River

Irrigation

Applicants request an amendment to Paragraph 8.C.(5) and other applicable provisions of the 93CW192 Decree to reflect the revisedcalculation of the dry-up under the Crane and Peebles Ditch and Kaiser and Sievers Ditch to be dedicated to this amendedaugmentation plan, and the corresponding calculation of the remaining decreed excess consumptive-use credits, as follows (with thechanges emphasized): Under the Kaiser and Sievers Ditch, 46.54 acres of excess dry-up are calculated as follows: Acres historicallyirrigated under the ditch: 332.00; Acres to be irrigated in the Aspen Glen P.U.D. under the Kaiser and Sievers Ditch priorities: -218.90; Acreage adjustment by unit consumptive-use factors 218.90 (1.94 ÷ 1.82) – 218.90: -14.40; Acres dedicated to augment lakeevaporation during the period May through Oct.: -10.06; Acres sub-irrigated: -20.00; Acres dedicated to gravel pit augmentation plan:-22.10; Total Acreage: 46.54. The said 46.54 acres of excess dry-up are associated with 84.70 acre feet of consumptive-use credits(46.54 acres x 1.82 AF/year). This excess consumptive-use credit is allocated among the three senior Kaiser and Sievers Ditchpriorities based upon the 1.0 cfs per 44.78 acres historic duty of water, as follows: Kaiser and Sievers Ditch: 0.345 cfs; Kaiser andSievers Ditch First Enlargement 0.446 cfs; Kaiser and Sievers Ditch Second Enlargement: 0.248 cfs; Total: 1.039 cfs. This allocationreflects that 1.0 cfs of the most senior Kaiser and Sievers Ditch priority is dedicated to 22.1 acres of dry-up in the plan foraugmentation decreed in Case No. 83CW65, Water Div. No. 5. If the 22.1 acres are reclaimed for the said 22.1 acres, the said 1.0 cfsof the most senior Kaiser and Sievers Ditch priority shall continue to be dedicated to those 22.1 acres. Under the Crane and PeeblesDitch, 31.15 acres of excess dry-up are calculated as follows: Acres historically irrigated under the Crane and Peebles Ditch: 173.00;Acres historically irrigated under the Glenwood Ditch: +38.00; Acres to be irrigated in the Aspen Glen P.U.D. under the Glenwoodand Crane and Peebles Ditches: -150.20; Acreage adjustment by unit consumptive-use factors 150.2 (1.94 ÷ 1.82) – 150.2: -9.90;Acres under the Crane and Peebles Ditch dedicated to augment lake evaporation during the period May through Oct.: -9.75; Acressub-irrigated under the Glenwood Ditch: -10.00; Total Acreage: 31.15. The said 31.15 acres of excess dry-up is associated with56.69 AF of consumptive-use credits (31.15 acres x 1.82 AF/year). This excess consumptive-use credit is allocated to the seniorCrane and Peebles Ditch priority based upon the 1.0 cfs per 27.7 acres historic duty of water. Therefore, Aspen Glen claims 141.39AF of total consumptive-use credits associated with dry-up of lands historically irrigated by the Kaiser and Sievers Ditch, GlenwoodDitch, and Crane and Peebles Ditch in excess of the consumptive-use credits dedicated to the plan for augmentation, as amendedherein. Implementation of the above-described changes of water rights in and to the Aspen Glen Lake Nos. 1 through 15 will notresult in injury to any vested or decreed conditional water rights. Moreover, operation of the above-described amended andsupplemental plan for augmentation to augment the evaporative depletions from the Aspen Glen Lakes will prevent injury to anysenior vested or decreed conditional water rights. (14 pages)

33. 01CW371-EAGLE County Alkali Creek, tributary to the Eagle River, tributary to the Colorado River. 4 Eagle Ranch,Scott Balcomb, Esq., Balcomb & Green, P.C., P. O. Drawer 790, Glenwood Springs, CO 81602, 970.945.6546. Application forGround Water Right & Storage Water Right. The purpose of this resume notice is to correct an error that occurred in the originalDecember 2001 resume publication. 4 Eagle Slough Diversion. Legal Description: The diversion will be from an area generallydescribed as within a 300-foot radius of a point in the SW1/4 SE1/4 of Sec. 34, T. 3 S., R. 83 W., 6th P.M., 300 ft. N. of S. line and2,100 ft. W. of E. line of said Sec. 34. 4 Eagle Pond System. Legal Description: The pond system will be constructed in an areagenerally described as within a 500-foot radius from a point in the SW1/4 SE1/4 of Sec. 34, T. 3 S., R. 83 W., 6th P.M., 150 ft. N. of S.line and 2,100 feet W. of E. line of said Sec. 34. The resume publication incorrectly identified the lands as being in the SW1/4SW1/4. (5 pages)

34. 02CW20 (95CW179) COUNTY OF EAGLE, APPLICATION FOR FINDING OF REASONABLE DILIGENCE, 1.Name, address and telephone number of applicant: Eagle River Water and Sanitation District, c/o Dennis Gelvin, General Manager,846 Forest Road, Vail, CO 81657, (970) 595-0138; c/o Steven J. Bushong, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite300, Boulder, CO 80302, (303) 443-6800, 2. Name of Structures: A. Vail Valley Middle Creek Diversion System; B. Vail ValleyReservoir; C. Dillon Reservoir. 3. Description of Conditional Water Rights: The Applicant Eagle River Water and Sanitation District(the “District”) was formerly the Vail Valley Consolidated Water District. The water rights listed below are owned by the District. A.Vail Valley Middle Creek Water Rights: 1. Date of Original Decree: March 4, 1985, Case No. 81CW353, District Court, WaterDivision No. 5. 2. Location of Diversion Points: a. Diversion Point A: Located in Section 32, Township 4 South, Range 80 West ofthe 6th P.M. at a point whence the Southwest corner of Section 5, Township 5 South, Range 80 West of the 6th P.M. bears South 0734'17" West a distance of 7,522.03 feet, basis of the bearing being the West line of said Section 5 from the Bureau of LandManagement survey of record. b. Diversion Point B: Located in Section 32, Township 4 South, Range 80 West of the 6th P.M. at apoint whence the Southwest corner of Section 5, Township 5 South, Range 80 West of the 6th P.M. bears South 09 48'25" West adistance of 5,401.67 feet, basis of the bearing being the West line of said Section 5 from the Bureau of Land Management survey ofrecord. c. Diversion Point C: Located in Section 6, Township 5 South, Range 80 West of the 6th P.M. at a point whence the Southwestcorner of Section 5, Township 5 South, Range 80 West of the 6th P.M. bears South 28 07'27" East a distance of 1,527.41 feet, the basisof the bearing being the West line of said Section 5 from the Bureau of Land Management survey of record. 3. Source: Middle Creektributary to Gore Creek, for all three proposed points of diversion. 4. Appropriation Date: October 29, 1981. 5. Amount: 60 cubic feet

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of water per second of time conditional from any one or any combination of the three above-described points of diversion. 6. Use: Allmunicipal purposes, including specifically domestic, commercial, mechanical, manufacturing, industrial, hydroelectric powergeneration, fire protection, sewage treatment, irrigation, recreation, artificial snowmaking, piscatorial, wildlife preservation,augmentation, maintenance of adequate storage reserves, and storage of a maximum of 5,500 feet annually for subsequent applicationand use for the aforesaid purposes. B. Conditional Water Storage Rights: 1. Names of Structures: a. Vail Valley Reservoir; b. DillonReservoir. 2. Date of Original Decree: March 4, 1985, Case No. 81CW353, District Court, Water Division No. 5. 3. Locations: a. VailValley Reservoir: A proposed on-stream reservoir located on Red Sandstone Creek with point of impoundment of water located inSection 36, Township 4 South, Range 81 West of the 6th P.M. at a point whence the South 1/16 corner, a Bureau of Land Managementaluminum cap, common to Section 6 of Township 5 South, Range 80 West of the 6th P.M. and Section 1 of Township 5 South, Range81 West of the 6th P.M., bears South 19 06'35" East, 7,400.29 feet. b. Dillon Reservoir: An existing on-stream reservoir located inSection 7, 8, 17, 18, 19, 20, 21, 30, and 31 of Township 5 South, Range 77 West of the 6th P.M. and in Section 13, 23, 24, 25, 26, 35,and 36 of Township 5 South, Range 78 West of the 6th P.M., with the dam being located across the channel of the Blue River with theeasterly end of the dam located at a point whence the East One-Quarter corner of Section 19, Township 5 South, Range 77 West of the6th P.M. bears South 59 00' East, 5,507.7 feet. 4. Source: a. Vail Valley Reservoir: Water from the Middle Creek by diversions atDiversion Points A and B of Vail Valley Middle Creek Diversion System described above and transmission to the reservoir by feederditch or pipeline; and water from the Red Sandstone Creek by direct capture in the reservoir. b. Dillon Reservoir: Water from MiddleCreek by diversions at Diversion Point A of the Vail Valley Middle Creek Diversion System described above and conveyance of thatwater to the reservoir by the Roberts Tunnel Collection System. 5. Appropriation Date: October 29, 1981. 6. Amount: 5,500 acre feetconditional for storage in Vail Valley Reservoir, or for storage in Dillon Reservoir as an alternate place of storage. 7. Uses: Allmunicipal uses, including specifically domestic, commercial, mechanical, manufacturing, industrial, hydroelectric power generation,fire protection, sewage treatment, irrigation, recreation, artificial snowmaking, piscatorial, wildlife preservation and augmentationdirectly or by exchange. 4. Detailed outline of work done to complete the project and apply water to beneficial use: The Applicantoperates an integrated water system in which work done on any component of the system advances the whole. During the past sixyears, expenditures of approximately $6.9 million have been incurred in capital improvements to upgrade and expand Applicant’swater supply facilities. All such expenditures are necessary steps in the development of the Applicant’s integrated water system. Theexpenditures included the following work: A. The construction and/or rehabilitation of storage tanks as part of the District’s treatedwater supply system. The East Vail Meadow tank alone cost over $1.3 million to construct. B. The construction and rehabilitation ofwater lines, pump stations, check valves and similar infrastructure necessary for water deliveries to the District’s service area andgrowing population. C. Rehabilitation of the Gore Valley water treatment plant at a cost of $282,103. Design work for futureinfrastructure improvements, including the water treatment plant’s surface diversion structure and other upgrades has already beeninitiated. D. Improvements to wells that provide part of the Applicant’s municipal water supply were completed. E. The acquisition ofEagle Park Reservoir was completed at a cost of $2,039,731. That cost does not include the engineering and legal fees associated withthe acquisition or the adjudication of water rights exchanges to the Reservoir. F. In addition to the approximately $6.9 million incapital infrastructure improvements, the District expended considerable funds protecting the subject water rights and other conditionalwater rights by opposing applications filed by other water uses. All of the above activities are necessary prerequisites to applying thesubject conditional water rights to the beneficial uses for which they were decreed. The District is proceeding diligently in developingits infrastructure necessary for its integrated water system, including the subject conditional rights. WHEREFORE, Applicant requeststhat the Court enter a finding of reasonable diligence with respect to the Vail Valley Middle Creek Diversion System, Vail ValleyReservoir, and Dillon Reservoir. (6 pages)

35. 02CW048 Garfield County, Dry Hollow Creek, Colorado River. Amended Application for Finding of ReasonableDiligence. Applicant: Sierra Pinyon HOA, Sherry A. Caloia, Esq., CALOIA, HOUPT & HAMILTON, P.C., 1204 Grand Ave., GlenwoodSprings, CO Decree: 2/5/1996, 95CW057; Water Div. 5. Sierra Pinyon Well #1, 2 & 3. Well #1: NE1/4NW1/4, Sec. 22, T6S, R92W,6th P.M., commencing at the N1/4 corner of Sec. 22 a brass cap in place thence S 41°15' 16" W 1606.27 ft to Well No. 1 and is approx.located 1563 ft from W Sec. line and 1202 ft from N Sec. line of Sec. 22. Well # 2: NE1/4 NW1/4 Sec 22, T6S, R92W, 6th P.M.,commencing at N1/4 corner of Sec. 22 a brass cap in place thence S 07°04' 56" W 984.2 ft to #2 and is approx. located 977 ft from NSec. line and 2503 ft from W Sec. line of Sec. 22. Well #3: SW1/4SW1/4, Sec. 15, T6S, R92W, 6th P.M., approx. 230 ft from S Sec.line and 4400 ft from E Sec. line of Sec. 15. Source: groundwater trib. to Dry Hollow Creek and Colorado River. Approp: 6/9/1994.Amt: 0.066 c.f.s., cond. (# 2). 0.033 c.f.s., cond . (# 1 and #3) for domestic, irrigation, livestock uses. Sierra Pinyon Ditch, Pump andPipeline located on Dry Hollow Creek approx. 1500 ft from W Sec. line and 1150 ft from N Sec. line of Sec. 22, T6S, R92W 6th P.M.Approp: 3/23/1995. Amt: 1 c.f.s., cond. Uses: storage, irrigation, piscatorial livestock watering, wildlife watering, fire protection,augmentation and exchange. Sierra Pinyon Pond Nos. 1 & 2. Source: Dry Hollow Creek. Pond #1 located approx.. 1350 ft from WSec. line and 1000 ft from N Sec. line. Sec. 22, T6S, R92W 6th P.M. Pond #2 located approx. 1500 ft from the W Sec. line and 1000 ftfrom N Sec. line of Sec. 22, T6S, R92W, 6th P.M. Approp: 3/23/1995. Amount: 7 A.F., each pond, cond. with right to fill and refill.Uses: Domestic, irrigation, piscatorial livestock watering, wildlife watering, fire protection, augmentation and exchange. Theapplication contains a detailed outline of work done toward completion of the appropriations. (4 pages)

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YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MAY 2002 to file with the Water Clerk inquadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted orwhy it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon theapplicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, asprescribed by Rule 5, CRCP. (Filing Fee: $45.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104Glenwood Springs, CO 81601.