PURSUANT TO C.R.S., 37-92-302, AS AMENDED, You are notified that thefollowing pages comprise a resume of the applications and amendedapplications filed with the Water Clerk for Water Division 5 during the monthof JULY 1999.

1. 99CW118 (93CW053) GARFIELD COUNTY - CATTLE CREEK, ROARING FORK RIVER.Gailen B. Smith & Pamela D. Smith; P.O. Box 116; Glenwood Springs, CO 81602970-928-9616. Application to Make Absolute a Conditional Water Right - WendiSmith Reservoir. Decreed: May 21, 1985, 84CW707. Location: NE1/4SW1/4Sec. 12, T. 7S., R. 88 W., 6th P.M. at a point 2300 feet East of the westline and 2000 feet North of the south line of said Sec. 12. Appropriation:September 30, 1981. Amount: 5.0 a.f., conditional (0.50 a.f., absolute forirrigation and livestock). Use: irrigation, domestic and livestock. Theapplication contains a detailed outline of the work performed for completionof the appropriation and application of the water to beneficial use. (2pages)

2. 99CW119 GARFIELD COUNTY - ALLUVIUM OF EAST ELK CREEK, TRIBUTARY TO ELKCREEK, TRIBUTARY TO THE COLORADO RIVER. Pete Neutze, c/o Edward B.Olszewski, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO81602, (970) 945-6546. Application for Finding of Reasonable Diligence. Nameof structure: Edward McCune Well No. 121656; Harold McCune Well No. 121658;and Nina McCune Well No. 121657. Describe conditional water rights: Date oforiginal decree: April 30, 1985, Case No.: 84CW395, Court: District Court,Water Division No. 5. Location: Edward McCune Well No. 121656 is located inthe SW1/4SE1/4 of Sec. 13, T. 5 S., R. 91 W of the 6th P.M. at a point whencethe SE Corner of said Sec. 13 bears S. 67°15' E. 2520 feet. Harold McCuneWell No. 121658 is located in the NW1/4SE1/4 of Sec. 13, T. 5 S., R. 91 W. ofthe 6th P.M. at a point whence the SE Corner of said Sec. 13 bears S. 52°00'E. 3060 feet. Nina McCune Well No. 121657 is located in the NW1/4SE1/4 ofSec. 13, T. 5 S., R. 91 W. of the 6th P.M. at a point whence the SE Corner ofsaid Sec. 13 bears S. 43°40' E. 3490 feet. Appropriation Date: July 6,1981. Use: Household use only. Depth: Edward McCune Well - 52 feet,Harold McCune Well - 35 feet, Nina McCune Well - 48 feet. Work done towardcompletion: Applicant submitted a detailed description of diligenceactivities. (3 pages)

3. 99CW120 PITKIN COUNTY - A FLOWING SPRING, TRIBUTARY TO EAST SOPRISCREEK, TRIBUTARY TO SOPRIS CREEK, TRIBUTARY TO THE ROARING FORK RIVER.Edward Adelson, c/o Edward B. Olszewski, Balcomb & Green, P.C., P.O. Drawer790, Glenwood Springs, CO 81602, (970) 945-6546. Application for Finding ofReasonable Diligence. Name of structure: Adelson Spring. Conditional WaterRight: Date of Original Decree: May 13, 1987. Case No. 86CW339. Court:District Court, Water Division No. 5. Location: The point of diversion islocated at a point S. 60°09'20" E. 2409 feet from the NW Corner of Sec. 23,T. 9 S., R. 87 W. of the 6th P.M. Appropriation Date: August 20, 1986.Amount: 0.022 cfs, conditional. Use: Domestic uses, including householduses, fire fighting, watering of livestock, poultry, household pets andirrigation including greenhouse irrigation. Applicant has provided adetailed description of diligence activities. (3 pages)

4. 99CW121 PITKIN COUNTY - EAST SOPRIS CREEK, TRIBUTARY TO SOPRIS CREEK,TRIBUTARY TO THE ROARING FORK RIVER. Edward Adelson, c/o Edward B.Olszewski, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO81602, (970) 945-6546. Application for Finding of Reasonable Diligence.

Name of structure: Finley No. 1 - Johnson Power Plant Enlargement.Conditional Water Right: Date of Original Decree: May 11, 1987, Case No.86CW314, Court: District Court, Water Division No. 5. Location: The pointof diversion is located in Sec. 22, T. 9 S., R. 87 W. of the 6th P.M. at apoint from whence the SW Corner of Sec. 23, T. 9 S., R. 87 W. of the 6th P.M.bears N. 19°34'51" W. 1,430 feet. An alternate point of diversions for theFinley No. 1 - Johnson Power Plant Enlargement was decreed in Case No.97CW115, Water Division No. 5. The alternate point of diversion is locatedat a point 120 feet W. of the E. sec. line and 1,700 feet S. of the N. Sec.line of Sec. 22, T. 9 S., R. 87 W. of the 6th P.M. Appropriation Date:August 20, 1986. Amount: 7.0 cfs, conditional. Use: Hydro-electric powergeneration purposes. Applicant has provided a detailed description ofdiligence activities (3 pages)

5. 99CW122 (93CW038) RIO BLANCO COUNTY - SOUTH FORK WHITERIVER. R. L Brown, Jr. and Paul Bruce Barton; c/o George E.Benner, Jr., Esq.; P.O. Box 629; Meeker, CO 81641 970-878-4061.Application for Finding of Reasonable Diligence - Gerald DaumSpring No. 2 and Gerald Daum Spring No. 3. Decreed: April 21,1977, W-3158 and W-3159. Location: Spring No. 2 - NE1/4SW1/4 Sec.21, T. 1 S., R. 91 W., 6th P.M. at a point whence the SE corner ofsaid Sec. 21 bears South 65°04' East 3435 feet, Spring No. 3 -NE1/4SW1/4 Sec. 21, T. 1 S., R. 91 W., 6th P.M. at a point whencethe SE corner of said Sec. 21 bears South 66°29' East 3449 feet.Appropriation: August 10, 1976. Amount: 0.03342 c.f.s. for eachspring. Use: domestic, lawn & garden irrigation and livestockwater. The application contains a detailed outline of the workperformed during the diligence period. (2 pages)

6. 99CW123 GUNNISON COUNTY - CRYSTAL RIVER. Leiford AugustDarien and Sharon V. Darien; 141 Bookcliff; Grand Junction, CO81501 970-243-7611. Application for Water Rights (Surface) - Gus'Spring. Location: commencing at a BLM brass cap for the S.E.corner of the NE1/4SW1/4 Sec. 21, T. 11 S., R. 88 W., 6th P.M.,from whence a BLM brass cap for the S.E. Corner of NE1/4NW1/4 Sec.28, T. 11 S., R. 88 W., 6th P.M. bears South 01°37'50" West 2636.84feet; thence North 23°50'00" West 754.22 feet to the point ofdiversion, said point of diversion being within the NE1/4SW1/4 ofsaid Sec. 21. Appropriation: July 1975. Amount: 2.0 c.f.s.,absolute. Use: irrigate pasture for livestock. (4 pages)

7. 99CW124 (93CW021) MESA COUNTY - COPECO DRAIN, PRITCHARDDRAW, COLORADO RIVER. Mark and Deanna Fowler; 2121 River Road;Grand Junction, CO 81505 970-242-1837. Application for Findingof Reasonable Diligence - Fowler Diversion. Decreed: July 13,1993, 93CW021. Location: the point of diversion is 1800 feet Eastand 2000 feet South of the NW corner of Sec. 36, T. 1 N., R. 2 W.,Ute P.M. Use: irrigation. The application contains a detailedoutline of the work performed during the diligence period. (2pages)

8. 99CW125 Garfield County; Colorado River. CARBRO, LLC, c/oLeavenworth & Tester, P.C., P. O. Drawer 2030, Glenwood Springs, CO81602. Application for Finding of Reasonable Diligence. Name ofstructure: Wright Geothermal Well No. 1. Date of original decree:4/19/1983 in Case No. 80CW548, District Court, Water Div. 5. Thewell is located at 702 Blake Street, Glenwood Springs, Colorado, ata point 640 feet W. of the E. line and 2700 feet N. of the S. line,Sec. 9, T. 6 S., R. 89 West, 6th PM. The source of water is a wellhaving a proposed depth of 600 feet and being tributary to theColorado River. Appropriation date: 11/12/1980. Amount: 1.10 cfs,conditional. Use: The use of water is for commercial use of

Geothermal Resources as defined in C.R.S. 1973, §34-70-103(6). Theapplication provides a detailed outline of what has been donetoward completion of the appropriation and application of water tobeneficial use as conditional decreed. (4 pages)

9. 99CW126 Garfield County; Dry Rifle Creek, Rifle Creek,Colorado River. L.C. and Jean Barner c/o Leavenworth & Tester,P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Applicationfor Finding of Reasonable Diligence. Name of structures: RehwoldtSpring Nos. 2, 3, 4, 5, 6, 7 and 8. Date of original decree:8/13/1979, Case No. W-3846, District Court, Water Div. 5. Location:All springs are located in Sec. 2, T. 5 S., R. 92 W., 6th P.M. TheRehwoldt Spring No. 2 is located in the SE 1/4 SE 1/4 at a point1100 feet W. of the E. line and 1290 feet N. of the S. line of Sec.2. The Rehwoldt Spring No. 3 is located in the SE 1/4 SE 1/4 at apoint 960 feet W. of the E. line and 1200 feet N. of the S. line ofSec. 2. The Rehwoldt Spring No. 4 is located in the SW 1/4 SE 1/4at a point 1530 feet W. of the E. line and 600 feet N. of the S.line of Sec. 2. The Rehwoldt Spring No. 5 is located in the SW 1/4SE 1/4 at a point 1600 feet W. of the E. line and 480 feet N. ofthe S. line of Sec. 2. The Rehwoldt Spring No. 6 is located in theSW 1/4 SE 1/4 at a point 1680 feet W. of the E. line and 430 feetN. of the S. line of Sec. 2. The Rehwoldt Spring No. 7 is locatedin the SW 1/4 SE 1/4 at a point 1800 feet W. of the E. line and 400feet N. of the S. line of Sec. 2. The Rehwoldt Spring No. 8 islocated in the SW 1/4 SE 1/4 at a point 1330 feet W. of the SECorner of Sec. 2 on the line between Sec. 2 and Sec. 11. The sourceof the water is a spring tributary to Dry Rifle Creek tributary toRifle Creek tributary to the Colo. River. Appropriation date:7/28/1978 for each spring. Amount: 0.1 cfs, conditional, for eachspring. Use: Irrigation, livestock water, domestic and commercial.On 7/6/1993 in Case No. 91CW88, District Court, Water Div. 5, theRehwoldt Spring Nos. 2, 3, 4, 5, 6, 7 and 8 in the amount of 0.10cfs each were declared as absolute for livestock purposes only. Theapplication contains a detailed outline of what has been donetoward completion of the appropriation and application of water tobeneficial use as conditionally decreed. (4 pages)

10. 99CW127 GARFIELD COUNTY, DRY RIFLE CREEK, RIFLE CREEK. Leeand Diane Capps, c/o Sherry Caloia, Caloia & Houpt, P.C., 1204Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067. Applicationfor Change of Water Right. Name: Moss Spring No. 1. Decreed:06/28/79, Case No: W-3886, Water Div. 5. Location: NW¼ NW¼ Sec. 12,T5S, R92W of the 6th P.M. at a point 280 ft N and 123 ft E of theSW Corner of said NW¼ NW¼ Sec. 12. Source: spring trib. to DryRifle Creek, trib. to Rifle Creek, trib. to the Colo. Riv. Approp.date: 10/31/65. Amount: 0.30 c.f.s., abs. Use: irrigation. Proposedchange: Applicants intend to convert the above-described waterright for Moss Spring No. 1 to an exempt well pursuant to C.R.S.§37-92-602(II), and to rename it the “Moss Spring No. 1 Exempt

Well.” The spring will provide water for up to 3 single-familyhomes, irrigation of up to one acre, and livestock watering and theamount shall be changed to 15 g.p.m. or 0.33 c.f.s. The Moss SpringNo. 1 Exempt Well will be the only exempt well located onApplicants' land in the NW¼ NW¼ of Sec. 12, T5S, R92W of the 6th

P.M.. (3 pages)

11. 99CW128 (93CW054) SUMMIT COUNTY - WILLOW CREEK, BLUE RIVER.Estates at Blue River, LLC; c/o Kirk Holleyman, Esq.; 1050 17thSt., Suite 1500; Denver, CO 80265 303-436-1699. Application toMake Absolute a Conditional Water Right, or in the Alternative fora Finding of Reasonable Diligence - Shirley Ditch and Fish Pond.Decreed: July 24, 1973, W-1832. Location: the point of diversionis located in the NW1/4 Sec. 1, T. 5 S., R. 78 W., 6th P.M. at apoint 1,050 feet South and 900 feet East of the norhtwest corner ofsaid Sec. 1. Appropriation: July 31, 1972. Amount: 4.0 c.f.s.Use: fish culture. The application contains a detailed outline ofthe work performed for completion of the appropriation andapplication of the water to beneficial use. (3 pages)

12. 99CW129 Pitkin County, Castle Creek, Water District No. 5.Name, address and phone number of applicant is: Linda Judge Cornelland David Mayo Cornell, c/o Boyd & Bazil, LLP, Rhonda J. Bazil, 632East Hopkins Avenue, Aspen, CO 81611, (970) 925-7171. Name ofStructure: Blattberg Pond. Type of Application: Application forFinding of Reasonable Diligence. Drainage Basin: Castle Creek.Location: SE 1/4, SW 1/4 of S 18, T 11 S, R 84 W of the 6th P.M.Type of Use: domestic, aesthetic, piscatorial, recreation, fireprotection, irrigation of one acre and augmentation. Type ofStructure: Pond. Quantity: 0.25 acre-feet. Appropriation Date:January 20, 1992. The application contains a detailed outline ofthe work performed during the diligence period. (2 pages).

13. 99CW130 - UNABLE TO PUBLISH

14. 99CW131 MESA COUNTY - PLATEAU CREEK, COLORADO RIVER. Jerryand Linda Gordon; 15701 Pearl Ave.; Collbran, CO 81624 970-487-3163. Application for Water Rights (Surface) - Gordon Ditch.Location: NW1/4 Sec. 34, T. 9 S., R.95 W., 6th P.M. GPS reading:N. 39° 14.087' W. 107° 58.941'. Appropriation: June 1, 1950.Amount: 0.10 c.f.s., absolute. Use: irrigation. (4 pages)

15. 99CW132 GRAND COUNTY, FRASER RIVERIN THE MATTER OF THE APPLICATION FOR WATER RIGHT AND PLAN FORAUGMENTATION INCLUDING EXCHANGE OF CLADDAGH INN BED & BREAKFAST,LLCIN GRAND COUNTY (Frederick A. Fendel, III, Petrock & Fendel, P.C.,1630 Welton Street, Suite 200, Denver, Colorado 80202)1. Applicant Claddagh Inn Bed & Breakfast, LLC 141 County Road83, Fraser, Colorado, 80442, (970) 726-0456. WATER RIGHT

2. Structure: Claddagh Inn Well, Permit No. 181906, 2.1Location Lot D, Sunset Ridge Filing No. 1, a part of the

NW¼SW¼, Sec. 5, T1S, R75W, 6th P.M. Grand County, approximately1750' from the south section line and 1200' from the west sectionline.2.2 Source:Groundwater tributary to Ranch Creek.2.3 Use:Commercial, domestic, irrigation, including use in a small non-commercial greenhouse.2.4 Amount: 15 gpm, absolute 2.5 Prioritydate: September 19, 1994 PLAN FOR AUGMENTATION3. Structure to be augmented: Claddagh Inn Well4. Amount of Use: Demand is estimated at approximately 2.75 a.f.per year. Consumptive use for in-building use (10% consumption),lawn & garden irrigation (80% consumption) and greenhouse (100%consumption) is approximately 0.61 a.f. per year. These amountsmay be refined upward or downward as information is developedwithout further notice.5. Source of Augmentation Water: Applicant will contract withthe Middle Park Water Conservancy District to purchase 0.61 a.f.per year of water from Granby Reservoir pursuant to the AgreementConcerning the Windy Gap Project and the Azure Reservoir and PowerProject, dated April 30, 1980, as approved by the Grand CountyDistrict Court in Division 1, Civil Action 1768, and Supplement toAgreement of April 30, 1980, approved by the District Court, WaterDivision 5, in case No. 85CW135. The Windy Gap water rights weredecreed in C.A. 1768, Grand County District Court, and W-4001, 80-CW-108, District Court, Water Division 5.6. Statement of Plan for Augmentation: Depletions will berelatively constant throughout the year. Applicant will requestMiddle Park Water Conservancy District to release its augmentationwater in appropriate amounts at a relatively constant rate, orotherwise as the Court or Division Engineer may allow. No releaseswill be made when diversions by well are in priority. The exchangereach in this augmentation plan is from the confluence of theFraser and Colorado Rivers upstream to the Claddagh Inn well. Theexchange will be conducted under the priority (if applicable) ofthe well.7. Owner of Land on which structures are located:7.1 Well:Applicant 7.2 Granby Reservoir: United States of America, Bureauof Reclamation, 11056 W. County Road 18E, Loveland, CO 80537-9711.8. Other: The well has been permitted as an exempt domesticwell, but operated for commercial use.WHEREFORE, Applicant CladdaghInn Bed & Breakfast, LLC requests the Court approve its water rightand plan for augmentation and for such other and additional reliefas may be appropriate. (3 pages)

16. 99CW133 RIO BLANCO COUNTY - WHITE RIVER. Blake A. Mobley andRenay L. Mobley; P.O. Box 1002; Meeker, CO 81641 970-878-4248.Application for Water Rights (Surface) - Mobley Diversion Point.Location: NE1/4NE1/4 Sec. 9, T. 1 S., R. 93 W., 6th P.M. from NEcorner of Sec. 9 1100 feet west and 650 feet south. Appropriation:

August 1997. Amount: 0.066 c.f.s., conditional. Use: livestock,domestic and irrigation. (3 pages)

17. 99CW134 EAGLE COUNTY, EAGLE RIVER ALLUVIUM, TRIBUTARY TOCOLORADO. Application for Hexennial Finding of ReasonableDiligence and to Make a Portion of a Conditional Water RightAbsolute. Steven J. Pittel and Gregory A. Caretto, c/o Patrick &Stowell, P.C., 730 East Durant Ave., Suite 200, Aspen, CO 81611,(970) 920-1028. Name of structures: Lodge Well, Lodge Backup Well,Cabin Well, Nova Well No. 1, Nova Well No. 2, Storage Well.Description of conditional water rights: Date of original Decree:July 6, 1993. Case No. 91CW191, Water Division No. 5. Location:Lodge Well: Lodge Well is a well located in the SE¼SE¼ of Section9, Township 7 South, Range 80 West of the 6th P.M. at a point 910feet from the East section line and 80 feet from the South sectionline. Lodge Backup Well: Lodge Backup Well is a well located inthe SE¼SE¼ of Section 9, Township 7 South, Range 80 West of the 6th

P.M. at a point 880 feet from the East section line and 80 feetfrom the South section line. Cabin Well: Cabin Well is a welllocated in the NE¼NE¼ of Section 16, Township 7 South, Range 80West of the 6th P.M. at a point 630 feet from the East section lineand 430 feet from the North section line. Nova Well No. 1: NovaWell No. 1 is a well located in the NE¼NE¼ of Section 16, Township7 South, Range 80 West of the 6th P.M. at a point 620 feet from theEast section line and 530 feet from the North section line. NovaWell No. 2: Nova Well No. 2 is a well located in the NE¼NE¼ ofSection 16, Township 7 South, Range 80 West of the 6th P.M. at apoint 660 feet from the East section line and 670 feet from theNorth section line. Storage Well: Storage Well is a well located inthe SW¼SE¼ of Section 9, Township 7 South, Range 80 West of the 6th

P.M. at a point 1480 feet from the East section line and 320 feetfrom the South section line. Source: Eagle River alluvium,tributary to the Colorado River. Appropriation date for all wells:November 16, 1990. Amount: As to Lodge Well: 100 g.p.m.,conditional. As to Lodge Backup Well: 100 g.p.m., conditional. Asto Cabin Well: 50 g.p.m., conditional. As to Nova Well No. 1: 50g.p.m., conditional. As to Nova Well No. 2: 50 g.p.m., conditional.As to Storage Well: 50 g.p.m., conditional. Use: Domestic,commercial, irrigation and fire protection purposes. Detailedoutline of work performed toward completion of the appropriationand application of water to the conditional uses decreed during therelevant diligence period, including expenditures: As to LodgeWell, Lodge Backup Well, and Nova Well 2: Applicants have spentapproximately $25,000.00 in planning, designing, and constructingthe Lodge Well, Lodge Backup Well, Nova Well No. 2, and thestructures to be served by these wells. The Applicants havebudgeted $1,000,000.00 to complete construction of the Lodge Well,Lodge Backup Well, Nova Well No. 2, and the structures to be servedby these wells. As to Cabin Well: A portion of the Cabin Well wasput to beneficial use on March 27, 1999. A Statement of Beneficial

Use for the Cabin Well was submitted to the State Engineer’s Officeon April 13, 1999. Of the 50 gpm conditionally decreed to theCabin Well, the amount claimed absolute is 15 gpm as set forth inthe Application, and the water is used for fire protection,domestic, commercial and irrigation of the day lodge, restaurantfacility, six (6) cabin units and landscaping not to exceed 13, 375acre feet. The Applicants have spent approximately $6,000.00 intheir efforts to put the Cabin Well to beneficial use. As to NovaWell No. 1: A portion of the Nova Well No. 1 was put to beneficialuse on November 21, 1998. A Statement of Beneficial Use for theNova Well No. 1 was accepted by the State Engineer’s Office onMarch 29, 1999. Of the 50 gpm conditionally decreed to the NovaWell No. 1, the amount claimed absolute is 15 gpm as set forth inthe Application, and the water is used for fire protection,domestic, commercial and irrigation of one single family dwellingwith associated irrigation. The Applicants have spent approximately$6,000.00 in their efforts to put the Nova Well No. 1 to beneficialuse. As to Storage Well: A portion of the Storage Well was put tobeneficial use on November 21, 1998. A Statement of Beneficial Usefor the Storage Well was accepted by the State Engineer’s Officeon March 29, 1999. Of the 50 gpm conditionally decreed to theStorage Well, the amount claimed as absolute is 15 gpm as set forthin the Application, and the water is used for fire protection,domestic, commercial and irrigation at the resort facilitydescribed in Case No. 91CW192. The Applicants have spentapproximately $6000.00 in their efforts to put the Storage Well tobeneficial use. If claim to make absolute, date, use and amount ofwater applied to beneficial use: Structure: Nova Well No. 1. Date:November 21, 1998. Use: Fire protection, domestic, commercial, andirrigation. Amount: 15 g.p.m. Structure: Storage Well. Date:November 21, 1998. Use: Fire protection, domestic, commercial, andirrigation. Amount: 15 g.p.m. Structure: Cabin Well. Date: March27, 1999. Use: Fire protection, domestic, commercial, andirrigation. Amount: 15 g.p.m. Previous Diligence Proceeding: none.Remarks: For each of the following wells, 15 g.p.m. of the totalamount (50 g.p.m.) decreed to each well, is sought to be madeabsolute as described in paragraph 5 above, and the remaining 35g.p.m. for each well is requested to be continued as a conditionalwater right, as shown below. Nova Well No. 1: 15 gpm, absolute, 35gpm, conditional. Storage Well: 15 gpm, absolute, 35 gpm,conditional. Cabin Well: 15 gpm, absolute, 35 gpm, conditional. (9pages)

18. 99CW135 (93CW60) COUNTY OF GARFIELD; APPLICATION FOR FINDINGOF REASONABLE DILIGENCE. 1. Name and address of applicant: ExxonCompany, USA, a division of Exxon Corporation ("Exxon"), P.O. Box2180, Houston, TX 77210-2180; c/o Glenn E. Porzak, Porzak Browning& Johnson LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302,(303) 443-6800. 2. Description of conditional water rights forwhich a finding of reasonable diligence is sought: Lower East

Middle Fork Reservoir, decreed by the District Court in and forWater Division No. 5 (the “Water Court”) in Case No. 82CW88 for6200 acre feet conditional for domestic, irrigation, industrial,mining, retorting, refining, power, and all other uses related tothe production of shale oil and its by products, with a February 2,1982 appropriation date. The source of water for this reservoir isthe East Middle Fork of Parachute Creek and the Colorado Riverthrough the Dow Pumping Plant and Pipeline, and the North abutmentof the dam is located in the W1/2SE1/4 of Section 18, Township 5South, Range 95 West of the 6th P.M. at a point whence the WitnessCorner for the Southwest Corner of said Section 18 bears S. 64° 45'W. 3600 feet. 3. Detailed description of work done towardcompletion of the project and application of water to beneficialuse: Exxon is the operator of the Colony Shale Oil Project, locatednear the town of Parachute, which is designed to produceapproximately 47,000 barrels of oil shale per day. The Lower EastMiddle Fork Reservoir is a component of the decreed plan foraugmentation for the Colony Project approved by the Water Court inCase No. 82CW369. By decree of the Water Court in Case No.84CW160, which is the initial diligence decree for the other ColonyProject water rights, the Court expressly found that the variouswater rights are integral components of a single water supplysystem for the Colony Project. During the past six years, Exxon hasengaged in the following specific activities that were necessary toultimately apply the subject water right to its decreed uses inconnection with the Colony Project: (a) Exxon expendedapproximately $5,000,000.00 to maintain and develop the ColonyProject site. This effort included site maintenance, air and watermonitoring, spent shale test plot research, and site reclamation.Exxon has also maintained its permits for the Colony Project withthe Colorado Mined Land Reclamation Board, with the ColoradoDepartment of Public Health and Environment (water discharge), andwith the Environmental Protection Agency (air quality) during thisperiod. (b) Exxon expended approximately $1,000,000.00 on researchand development of its oil shale retorting technology. (c) Exxonexpended approximately $240,000.00 on the construction andoperation of a farm and irrigation system utilizing its ColoradoRiver water rights. This system is putting to beneficial use aportion of Exxon’s oil shale water rights on property it owns nearParachute, Colorado. (d) Exxon expended approximately $730,000.00in payments to the Bureau of Reclamation for Ruedi Reservoiraugmentation water. Exxon has a contract with the Bureau toprovide supplemental water for the Colony Project during times thatExxon’s water rights on the Colorado River are out of priority.One of these Colorado River rights is the primary source of supplyfor the Lower East Middle Fork Reservoir. (e) Exxon expendedapproximately $4,000.00 on a geohydrologic analysis of the proposedLower East Middle Fork Dam site. (4 pages)

19. 99CW136 EAGLE COUNTY, NON-TRIBUTARY AQUIFER IN WATERSHED OFEAGLE RIVER, DRAWING FROM MORRISON AND ENTRADA. Application forHexennial Finding of Reasonable Diligence. Bellyache RidgeMetropolitan District, c/o Patrick & Stowell, P.C., 730 East DurantAve., Suite 200, Aspen, CO 81611, (970) 920-1028. Name ofstructure: Bellyache Ridge Well No. 3. Description of conditionalwater right: Date of Original Decree: June 26, 1985, Case No.83CW353, Water Division No. 5. Location: A point which bears 2,160feet South from the North line and 2,615 West from the East line,all of Section 34, Township 4 South, Range 83 West, Eagle County,Colorado. Source: The well is located in a non-tributary aquiferin the watershed of the Eagle River, drawing from the Morrison andEntrada formations. Date of Appropriation: August 27, 1983.Amount: 40 g.p.m. total, of which 25 g.p.m. was decreed absoluteand 15 g.p.m. was continued conditional in Case No. 91CW245. Usesor proposed uses: Municipal Use. Domestic use for residents in theBellyache Ridge Metropolitan District, and such other functions asmay properly be performed by the District pursuant to law. Duringthe intervening years, at timely intervals as required by statute,the Applicant has shown to the Court that reasonable diligence hasbeen exercised in the development of this conditional water right,and the Court has ruled in Case Nos. 87CW282 and 91CW245 that saidwater right be continued in full force and effect. In Case No.91CW245, the Court also decreed that 25 g.p.m. of said water righthad been made absolute, and that the remaining 15 g.p.m. becontinued in full force and effect as a conditional water right.Detailed outline of work performed toward completion of theappropriation and application of water to the conditional usesdecreed during the relevant diligence period, includingexpenditures: The Bellyache Ridge Well No. 3 is a component partof an integrated water supply system and project as decreed in CaseNos. W-1714, W-3902 and 83CW353. The Bellyache Ridge Well No. 3has been maintained in operating condition, and has been utilizedon a daily basis during the relevant diligence period. Periodicdraw-down tests have been performed in order to insure thatgroundwater mining is not occurring, and leak detection equipmenthas been installed and maintained to ensure pipelines are properlyintact. Improvements have also been made on the road leading tothe Bellyache Ridge Well No.3 to enable vehicular access to thewell head. During the relevant diligence period, the monitoringsystem was completely upgraded installed to allow monitoring viatelephone and computer modem connection. A significant amount oftesting has been conducted in relation to the water quality of theBellyache Ridge Well No. 3 at a cost of approximately $3,760.Specifically, water quality testing has been performed for volatileorganics, synthetic organics, lead, copper, inorganics,nitrates/nitrites, and radiometric analysis. Additional costs ofapproximately $900 were expended for the collection, processing andshipping of the water quality testing samples and theinterpretation of the analytical results. Finally, during the

diligence period the Applicant engaged the services of Zancanella& Associates, Inc. (consulting engineers), Starbuck Engineering(consulting engineers), Ground Water Specialists (consultinghydrologists and engineers) and Patrick & Stowell, P.C. (watercounsel) in the planning and protection of the integrated watersupply project at a total cost of in excess of $90,000.00. Aportion of these services involved a groundwater and demandassessment for the diversion of the conditional water rightdescribed herein. If claim to make absolute, date, use and amountof water applied to beneficial use: Date: N/A. Use: N/A. Amount:N/A. Previous Diligence Proceedings: 87CW282 and 91CW245. (4pages)

20. 99CW137 (93CW059) MESA COUNTY - BIG SALT WASH, COLORADORIVER. Arthur F. & Elke H. Jowell; 1005 21 Road; Fruita, CO 81521970-858-1789. Application for Finding of Reasonable Diligence -Double D. Lake. Decreed: July 19, 1993, 93CW059. Location: theright abutment is South 45° East 1100 feet from the NW corner ofthe NE1/4SW1/4 Sec. 20, T. 2 N., R. 2 W., Ute P.M. Appropriation:December 1, 1991. Amount: 1.0 c.f.s. Use: irrigation of 60acres, wildlife habitat, fish culture, recreation and hydro-electric power production. The application contains a detailedoutline of the work performed during the diligence period. (2pages)

21. 99CW138 APPLICATION FOR UNDERGROUND WATER RIGHT AND PLAN FORAUGMENTATION FOR WATER RIGHTS OF:ANN C. ROBINSON IN GARFIELDCOUNTY, CO Name, address & phone of Applicant: Ann C. Robinson1829Highway 325 Rifle, CO 81650 (970) 625-3663 c/o Billie BurchfieldAttorney at Law 802 Grand Ave, S. 305 Glenwood Springs, CO 81601(970) 285-7990 FIRST CLAIM UNDERGROUND WATER RIGHT Name ofStructure: Kay’s Well No. 1 Legal descrip of location of well: Saidwell is located in NW¼SW¼ of Sec 19, T. 5 S., R. 92 W. 6th PM, at apoint 1900 ft fr S. sec line & 500 ft fr W. sec line of said Sec19. Source of water is fr alluvium of Rifle Creek, trib to Colo R.Depth of well is 100 ft. Date of approp: Jan 1, 1999 How approp wasinitiated:approval of well permit. Amount claimed: 2.5 gpm,absolute. Proposed use of water: domestic in-house use in onesingle family dwelling & watering of Two head of livestock.Applicant requests that Well Permit No. 051252 and all of itsprovisions be vacated and that a new well permit be issued forwater right applied for herein. Name and address of owner of landon which well is located: Applicant SECOND CLAIM PLAN FORAUGMENTATION Uses and Structures to be augmented: Applicant wishesto augment domestic in-house use in a single family dwelling &watering of two livestock from Kay’s Well No. 1. domesticconsumptive use will be 7/12ths of 0.06 AF per year or 0.005 AF permonth for each of months of April through October based on ananticipated diversion of 350 gallons per day with a 15% C.U.utilizing a septic tank and leach field. livestock watering C.U.

for two head will be 7/12ths of 0.072 AF per year or 0.006 AF permonth for each of the months of April through October based on 30gallons per day with a 100% C.U. factor. Source of AugmentationWater Applicant is owner of 11/30ths (1.441AF) of 3.93 AF of C.U.credits as confirmed & awarded in Division 5 Water Court Case No.81CW56 & will dedicate 7/12ths of 0.132 AF to offset C.U.requirements during irr season of April through October for Kay’sWell No. 1. All of the provisions and conditions of approval inCase No. 81CW56 shall apply with regard to C.U. credits dedicatedtherein. (3 pages)

22. 99CW139 MESA COUNTY - COLORADO RIVER. Kenneth W. Dunn Jr.;3269 3/4 C Road; Palisade, CO 81526 970-434-8766. Applicationfor Water Rights (Surface) - Hilt's Waste Ditch and Dunn's Spring.Location: Hilt's Waste Ditch - S 73°41' W. 39.60' from the NEcorner of the SW1/4NE1/4 Sec. 26, T. 1 S., R. 1 East Ute P.M.,Dunn's Spring - N 44°24' W. 577.85' from the SE corner of theNW1/4NE1/4 Sec. 26, T. 1 S., R. 1 East Ute P.M. Appropriation:April 15, 1995. Amount: Hilt's Waste Ditch - 1.09 c.f.s.,conditional, Dunn's Spring - 0.56 c.f.s., conditional. Use:wildlife habitat pond and supplemental irrigation. (5 pages)

23. 99CW140 GARFIELD COUNTY - SPRINGS TRIBUTARY TO THE COLORADORIVERGeorge and Phyllis Scarrow and George and Betty Letson, c/o EdwardB. Olszewski, Balcomb & Green, P.C., P.O. Drawer 790, GlenwoodSprings, CO 81602, (970) 945-6546. Application for Surface WaterRights. Names of structures: Scarrow-Letson Domestic Spring;Scarrow-Letson Springs. Legal description of each point ofdiversion: Scarrow-Letson Domestic Spring: Located in theNW1/4NE1/4, Sec. 1, T. 7 S., R. 95 W., 6th P.M. at a point 2,000 ft.from the E. sec. line and 980 ft. from the N. sec. line of saidSec. 1. Scarrow-Letson Springs: Located in the NW1/4NE1/4, Sec.1, T. 7 S., R. 95 W., 6th P.M. at a point 2,515 feet from the E.sec. line and 745 feet from the N. sec. line of said Sec. 1.Source for both springs: Springs tributary to the Colorado River.Date of initiation of appropriation: Scarrow-Letson DomesticSpring: December 31, 1968; Scarrow-Letson Springs: December 31,1898 for irrigation and December 31, 1968 for all other uses; Howappropriation was initiated: Scarrow-Letson Domestic Spring:Diversion of water and placing water to beneficial use for domesticpurposes; Scarrow-Letson Springs: Diversion of water and placingwater to beneficial use for domestic, irrigation, hydroelectricpower generation and fire protection. Date water applied tobeneficial use: Scarrow-Letson Domestic Spring: December 31,1968. Scarrow-Letson Springs: December 31, 1898 for irrigationand December 31, 1968 for all other uses. Amount claimed: Scarrow-Letson Domestic Spring: 5 gpm, absolute; Scarrow-Letson Springs:80 gpm, absolute; Use or proposed use: Scarrow Letson DomesticSpring: Domestic for 2 residences, including one acre of lawn and

garden irrigation. Scarrow-Letson Springs: Domestic,hydroelectric power generation, fire protection and irrigation ofnot more than 22 acres. 22 acres have historically been irrigatedin the SW1/4 of Sec. 36, T. 6 S., R. 95 W., 6th P.M.; Names andaddresses of owners of land on which points of diversion and placesof use are located: Same as Applicants. Remarks: The above-referenced water rights are Green Mountain Reservoir beneficiaries.Thus, no plan for augmentation is necessary. (4 pages)

24. 99CW141 Colorado Office of the State Engineer and Deak Price,Petitioners, Colorado Office of the State Engineer, 1313 ShermanStreet, Room 802, Denver, Colorado 80203 (303) 866-3581 by EdwardR. Kowalski, Denise DeForest, Assistant Attorneys General for theNatural Resources and Environment and Business and LicensingSections, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203(303) 866-5117 and Deak Price by Lori Satterfield, P.O. Drawer 790,818 Colorado Avenue, Glenwood Springs, CO 81602 (970) 945-6546 v.Ray D. Walker; James P. Mahan, Jr.; William Mahan; Sunlight WaterCompany; Thomas Hindley Brigham; John M. Traul, Sr., Theresa A.Traul; Faye Faas, Robert M. Jessup; Ruth A. Jessup; Virginia H.Stainton; Sunlight Inn & Realty, LLC., a Colorado Limited LiabilityCompany, James E. Price, Patricia J. Price, Thomas E. Turner,Tamara L. Bruhn, James W. Spry, III, Lolia B. Spry, and any unknownpersons owning or claiming an interest in the Flannery Reservoirand/or the Flannery Ditch, Fourmile Extension, Respondents. ThePetition requests the Court to void and set aside the Decreesentered in Case Nos. 89CW258 and 89CW259, Water Division No. 5, forall uses other than recreation, fish culture, wetlands creation,and fish and wildlife propagation in the Three Mile Creek WaterBasin on the basis that the Decrees were procured through fraud onthe court. Location: Three Mile Creek Basin. Copy of thePetition with Attachment can be found in the Division 5 Clerk’soffice, 109 8th Street, #104, Glenwood Springs, Colorado. (53pages)

25. 99CW142 PITKIN COUNTY, CAPITOL CREEK, ROARING FORK RIVER.Lazy-O Homeowners Association, Inc., c/o Mark E. Hamilton, Esq.,Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601(970) 945-6067. Application for Finding of Reasonable Diligence.Name: Lazy-O Reservoir No. 2. Decreed: 07/19/1993, 91CW170, WaterDiv. 5. Location: Sec. 3, T9S, R86W of the 6th P.M., being moreparticularly described as follows: beginning at a point whence theN¼ corner of said Sec. 3 bears N. 23°18'37” E. 5,570.90 feet;thence along the axis of the reservoir dam the following fivecourses: (1) N 49°29'23” W 145.41 feet; thence (2) N 50°52'53” W165.12 feet; thence (3) N 59°01'12” W 60.28 feet, thence (4) N89°52'30” W 31.48 feet, thence (5) S 53°05'36” W 69.12 feet, thence(6) S 32°12'51” W 115.23 feet, to the point of ending. Source:Capitol Creek, tributary to the Roaring Fork River through the

Williams No. 1 Ditch headgate situated on the east bank of CapitolCreek at a point which bears from the SW Corner of Sec. 4, T9S,R86W of the 6th P.M., N 59°50' E a distance of 2,000 feet. Appropdate: 08/01/1989. Uses: irrigation, domestic, fish and wildlifepropagation, augmentation and exchange. Amount: 14.5 acre-feetabsolute for domestic, augmentation and exchange; 4.1 acre-feetconditional for irrigation and fish and wildlife propagation, withthe right to fill and refill when water is physically and legallyavailable. A detailed outline of activity during the diligenceperiod is included in the Application. (4 pages)

26. 99CW143 EAGLE COUNTY, SQUAW CREEK, EAGLE RIVER. Bradley W.Foster and Ellen Post Foster, c/o Mark E. Hamilton, Esq., Caloia &Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067. Application for Finding of Reasonable Diligence. Name:Shepard Well. No. 2. Decreed: 07/30/87, 87CW038, Water Div. 5.Location: NE ¼ of the SE ¼ of Sec. 2, T5S, R83W of the 6th P.M.,whence the SE corner of said Sec. 2 bears S 16°42'00” E 2,610 feetN of the S sec. line and 780 feet W of the E sec. line of said Sec.2. Source: groundwater tributary to Squaw Creek, tributary to theEagle River. Approp. Date: 02/12/87. Uses: domestic, stock wateringand irrigation. Amount: 10 g.p.m., absolute, 5 g.p.m., conditional.The Application contains a detailed outline of activity during thediligence period. (3 pages)

27. 99CW144 (94CW377) EAGLE COUNTY, CASTLE CREEK AND/OR THE EAGLERIVER. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKEABSOLUTE CONDITIONAL WATER RIGHTS. Applicant: Wendy Sacks, c/oCaloia & Houpt, P.C., 1204 Grand Avenue, Glenwood Springs, CO81601, Phone (970) 945-6067. Brandon Well No. 1: Original decree:6/ 19/1995; 94CW377; District Court, Water Div. 5. Location: SE ¼SE ¼ of Sec. 21, T4S, R84W of the 6th P.M. at a point 900’ from thesouth section line and 200' from the east section line of saidSection 21. Source: Groundwater tributary to Castle Creek and/orthe Eagle River. Appropriation date: 12/6/1994; Amount: 50 g.p.m.Use: Livestock watering, irrigation and the filling of BrandonPond. Brandon Pond: Original decree: 6/19/1995; 94CW377; DistrictCourt, Water Div. 5. Location: SE ¼ SE ¼ of Section 21, T4S, R84Wof the 6th P.M. at a point 340' from the south section line and300' from the east section line of said Section 21. Pond is filledfrom the Brandon Well No. 1 and Both are tributary to Castle Creekand/or the Eagle River. Appropriation date: 8/15/1994. Amount: 10acre feet. Use: Livestock watering, irrigation, fire protection,piscatorial, wildlife habitat, recreational, and augmentationpurposes. The Well and Pond have been constructed and water hasbeen diverted, stored and applied to beneficial use, as follows:Brandon Well No. 1: Date of first use: 10/20/1995; Amount: 40g.p.m.; Use: All decreed purposes upon Lot 12, Highland MeadowEstates at Castle Peak Ranch, located in the SE ¼ SE ¼ Section 21,

T4S, R84W of the 6th P.M. Brandon Pond: Date of first use:8/1/1998; Amount: 10 acre feet; Use: All decreed purposes upon saidLot 12. (4 pages)

28. 99CW145 EAGLE COUNTY, BRUSH CREEK, EAGLE RIVER. Town of Eaglec/o Mark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave.,Glenwood Springs, CO 81601 (970) 945-6067. Application for aFinding of Reasonable Diligence. 1st Claim: Name: Brush CreekTerrace Reservoir; Decree: 84CW739, Water Div. 5, 07/21/87;Location: the intersection of the dam access and existing drainagechannel lies in the NW¼ SW¼ of Sec. 4, T5S, R84W, 6th P.M., at apoint 1660 feet from the South sec. line and 290 feet from the Westsec. line of said Sec. 4; Source: Brush Creek, trib. to the EagleRiv.; Approp. Date: 02/01/83; Amount: 5.94 acre-feet, conditional;Uses: municipal, domestic, commercial, fire protection, recreation,aesthetic, augmentation and exchange during the non-irrigationseason, and all other beneficial uses. 2nd Claim: Name: HernageDitch, Terrace Enlargement; Decree: 84CW739, Water Div. 5,07/21/87; Location: the headgate of the ditch is located on theNorth bank of Brush Creek at a point N 36°45’ W 1,150 feet distantfrom the ¼ Section corner between Secs. 9 and 10, T5S, R84W, 6th

P.M.; Source: Brush Creek, tributary to the Eagle River; Approp.Date: 02/01/83; Amount: 0.33 c.f.s., conditional; Uses: filling theBrush Creek Terrace Reservoir and for municipal, domestic,commercial, fire protection, recreation, aesthetic, augmentationand exchange during the non-irrigation season, and all otherbeneficial uses. 3rd Claim: Name: Town of Eagle AugmentationStation; Decree: 84CW739, Water Div. 5, 07/21/87; Location: thepoint of diversion will be near the S. bank of the Eagle Riv. inthe NW¼ of Sec. 5, T5S, R84W, 6th P.M., at a point whence Corner No.1 of Tract 46D bears N 77º09’ E a distance of 663 feet; Source:Eagle Riv.; Approp. Date: 12/21/84; Uses: irrigation of lawns,garden and green space, municipal, domestic, commercial, fireprotection, recreation, aesthetic, and all other beneficial uses,by augmentation and exchange. The Application includes a detailedoutline of activity during the diligence period. (6 pages)

29. 99CW146 GARFIELD COUNTY - DRY HOLLOW CREEK, TRIBUTARY TOCOLORADO RIVER. Mark and Lisa Balcomb, c/o Scott Balcomb, Balcomb& Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81601,(970) 945-6546. Adkins Well No. 1 - Petition to Correct a ClericalError. The Applicants, Mark and Lisa Balcomb, are successors-in-interest to Billy Joe Adkins and Hazel E. Adkins, pre-applicants inCase No. W-855. The Applicants respectfully request the court tocorrect clerical errors in the decree in Case No. W-855 . Asgrounds therefor, Applicants state as follows: The decree in CaseNo. W-855 was entered on January 4, 1973. A copy of said decree isin the Court’s file. Two clerical errors were contained in thedecree. The first is found at paragraph 3 in the legal description

of the location of the structure. The correct legal description ofthe location of the structure is as follows: Adkins Well No. 1 islocated in Section 10, Township 7 South, Range 92 West of the 6th

Principal Meridian at a point whence the witness corner to theNorth Quarter Corner of said Section 10 bears N. 33°25'12" E. 96.36feet. The second clerical error is that the decreed use of thewater is domestic. At the time of the entry of the decree, and atall times preceding the entry of the decree, the use of the waterincluded in-house domestic plus the irrigation of one acre oflawns, garden, and other green space. The applicants assert andare advised that the State Engineer treats “domestic” use aninclusive of both in-house and outside irrigation up to 1 acre. Inorder to clarify the decree, we believe the use of the water shouldbe reformed to include domestic and outside irrigation. In allother respects, the decree should remain as previously adjudicated.(4 pages)

30. 99CW147 GRAND COUNTY, APPLICATION FOR CONDITIONAL WATER ANDSTORAGE RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION ANDAPPROPRIATIVE RIGHT OF EXCHANGE OF THE ASHBACH FAMILY LIMITEDPARTNERSHIP1. Name and address of applicant: Ashbach Family LimitedPartnership, c/o Gerald R. Ashbach, P.O. Box 849, Loveland, CO80539, (970) 667-2627. Copies of all pleadings to: Richard A.Johnson, Porzak Browning & Johnson LLP, 929 Pearl Street, Suite300, Boulder, CO 80302, (303) 443-6800. 2. Introduction:Applicant Ashbach Family Limited Partnership owns and plans todevelop a subdivision located Southwest of Tabernash, Colorado, inportions of the S1/2 S1/2 and N1/2 SW1/4 of Section 9, T. 1 S.,R. 76 W. of the 6th P.M. (the “Property”). A location mapdepicting the Property is attached hereto as Exhibit A. TheProperty will be subdivided into 24 single family lots ranging insize from 2.3 to 10.1 acres, and 3 open space parcels. Apreliminary development plan for the subdivision depicting the lotconfiguration is attached hereto as Exhibit B. Development plansfor the Property include 1 individual well per lot for a total of24 individual in-house use only wells (the “Wells”); wastewaterwill be treated and discharged through individual septic tank andleachfield systems. Out-of-priority depletions from the Wells andcertain evaporative losses estimated to be a total of 1.25 a.f./yr.will be fully augmented with consumptive use credits associatedwith the Crooked Creek Ditch No. 1 either directly, by storage andsubsequent release, or by exchange to on-site storage andsubsequent release. I. APPLICATION FOR CONDITIONAL WATER ANDSTORAGE RIGHTS. 3. Name of structures: A. Ashbach ResidentialWells. As set forth above, Applicant is claiming water rights for24 individual wells serving 24 single-family homes on the Property.Each lot within the subdivision will contain a single in-house useonly residential well. B. Skunk Creek Reservoir No. 3. 4. Legaldescriptions: A. Ashbach Residential Wells. There will be one

well per lot located generally in the S1/2 S1/2 and N1/2 SW1/4 ofSection 9, T. 1 S., R. 76 W. of the 6th P.M. The specificlocations of the lots are depicted on Exhibit B and incorporatedherein by reference. B. Skunk Creek Reservoir No. 3. Thisreservoir will be located in the SW1/4 SE1/4 of Section 9, T. 1 S.,R. 76 W. of the 6th P.M., with the center of the dam being2500 feet from the east section line and 150 feet from the southsection line. 5. Source: A. Ashbach Residential Wells. Thesource for all 24 individual in-house use only residential wells isgroundwater tributary to Skunk Creek, which is tributary to PoleCreek, which is tributary to Crooked Creek, which is tributary tothe Fraser River. B. Skunk Creek Reservoir No. 3. The source forSkunk Creek Reservoir No. 3 is surface water tributary to SkunkCreek, which is tributary to Pole Creek, which is tributary toCrooked Creek, which is tributary to the Fraser River. 6. Amountclaimed: A. Ashbach Residential Wells. Each of the 24 individualresidential wells is claimed for 15 gpm, conditional. B. SkunkCreek Reservoir No. 3. The reservoir is claimed for 2.0 acre feet,conditional, with the right to fill and refill. 7. Date ofappropriation: Applicant claims an appropriation date of April 20,1999 for each of the Ashbach Residential Wells and Skunk CreekReservoir No. 3. The appropriation was initiated by formation ofthe requisite intent to appropriate coupled with actionsmanifesting such intent, including without limitation, engineeringwork and a field inspection on the Property. 8. Proposed use: A.Ashbach Family Residential Wells. The 24 residential wells will beused for in-house domestic uses only. B. Skunk Creek ReservoirNo. 3. This reservoir will be used for augmentation, replacementand exchange, recreational, wildlife, piscatorial and fireprotection purposes. 9. Capacity and surface area of pond: SkunkCreek Reservoir No. 3 will have a capacity of 2.0 a.f. of which100% will be active storage. The maximum surface area of thereservoir will be 0.5 acre. The total length of the dam isproposed to be 550 feet in length. 10. Name of owner of land uponwhich structures are located: The Ashbach Residential Wells andSkunk Creek Reservoir No. 3 are located on land owned by theApplicant. II. PLAN FOR AUGMENTATION 11. Name and descriptionof structures to be augmented: A. Ashbach Residential Wells.These structures are described in Section I above. At fulldevelopment in-house residential use is expected to requirediversions of up to 7.5 a.f./yr. of which a maximum of0.75 a.f./yr. will be consumed based on conventional septic tankand leachfield systems. All the Wells in the subdivision will belocated so that all depletions and return flows accrue to the SkunkCreek Basin. Lawn irrigation and livestock watering will beprohibited by covenant on the Property. B. Skunk Creek ReservoirNo. 3. This reservoir is described in Section I above and will befilled and refilled in priority. Annual evaporative lossesassociated with the reservoir are estimated to be 0.5 a.f. A chartof projected annual water demands and consumptive use for the

subdivision prepared by Blatchley Associates, Inc. is attachedhereto as Exhibit C. 12. Water Rights to be used foraugmentation: A. Crooked Creek Ditch No. 1. Applicant hasentered into a contract with Scott C. Shirley (“Shirley”) toacquire 1.25 a.f./yr. of consumptive use credits from the CrookedCreek Ditch No. 1. Shirley has acquired a 1/16th interest in theMay 15, 1889 priority (Priority No. 69), and the May 8, 1896priority (Priority No. 107), decreed to the Crooked Creek DitchNo. 1. The Crooked Creek Ditch No. 1 was decreed in the generaladjudication proceeding for the Fraser River (former Water DistrictNo. 51) by the Grand County District in Civil Action No. 112 onAugust 11, 1906. The ditch diverts from Crooked Creek at a pointon the North bank of Crooked Creek in the NE1/4 SE1/4 NW1/4 ofSection 22, T. 1 S., R. 76 W. of the 6th P.M., whence the Northquarter corner of Section 22 bears 150 feet East and 1,320 feetNorth. The above-referenced 1/16th interest in Priority Nos. 69and 107 are being quantified and changed in Case No. 99CW046pending in the Division 5 Water Court. The 1.25 a.f./yr. ofconsumptive use credits to be used in this plan shall be subject tothe terms and conditions imposed upon the change of the CrookedCreek Ditch No. 1 in the Case No. 99CW046. B. Skunk CreekReservoir No. 3. This reservoir is described in Section I aboveand may be filled and refilled in priority under its own storageright. When not able to fill under its own priority the reservoirwill be filled by the exchange of historic consumptive use creditsassociated with the Crooked Creek Ditch No. 1 either directly or,after storage or such credits in Meadow Springs Reservoir No. 2 asdescribed below. C. Meadow Springs Reservoir No. 2. Thisreservoir is the subject of a pending application in CaseNo. 99CW094 in the Division 5 Water Court. Meadow SpringsReservoir No. 2 is to be located in the NE1/4 SW1/4 of Section 11,T. 1 S., R. 76 W. of the 6th P.M., with the center of the dam being1,100 feet from the West section line and 2,300 feet from the Southsection line. The total length of the dam will be 250 feet inlength. The capacity of the reservoir will be 5.0 a.f. with 100%active storage. Decreed uses will include augmentation. Thereservoir will be located on a tributary of Crooked Creek, and willbe filled through the Crooked Creek Ditch No. 1 and an existinglateral off of said ditch. The use of Meadow Springs ReservoirNo. 2 will be pursuant to a contract with Shirley. 13. Statementof plan for augmentation: Applicant intends to replace all out-of-priority depletions from the 24 individual Wells and evaporativelosses associated with Skunk Creek Reservoir No. 3 with the use ofconsumptive use credits decreed to and associated with the CrookedCreek Ditch No. 1. To obtain the needed 1.25 a.f./yr., 0.016 cfsof Priority No. 69 and 0.014 cfs of Priority No. 107 (for a totalof 0.030 cfs) will be deeded to Applicant and committed to thisplan. Applicant’s 0.030 cfs entitlement under both priorities willbe (i) left in Crooked Creek to directly augment and replacedepletions from the Wells, (ii) stored in Meadow Springs Reservoir

No. 2 for subsequent release for augmentation or exchange intoSkunk Creek Reservoir No. 3, or (iii) stored, by exchange, in SkunkCreek Reservoir No. 3 for subsequent release for augmentation.Applicant will install measuring devices and implement suchaccounting procedures as may be reasonably required by the DivisionEngineer to ensure that depletions are fully replaced in amount andtiming under this plan. III. APPLICATION FOR APPROPRIATIVE RIGHTOF EXCHANGE 14. Exchanged water right. Applicant’s interest inthe Crooked Creek Ditch No. 1 as described in paragraphs 2 and 13above.15. Exchange requested. Applicant seeks to exchange its interestin the Crooked Creek Ditch No. 1 from the confluence of CrookedCreek and Pole Creek in the NE1/4 NE1/4 of Section 2, T. 1 S.,R. 76 W., up Pole Creek to the confluence with Skunk Creek in theSW1/4 SW1/4 of Section 2, T. 1 S., R. 76 W., up Skunk Creek toSkunk Creek Reservoir No. 3 in the SW1/4 SE1/4 of Section 9, T. 1S., R. 76 W. of the 6th P.M. The maximum rate of exchange will be1 cfs. 16. Date of Appropriation. Applicant claims April 20,1999 as the appropriation date for the appropriative right ofexchange. WHEREFORE, Applicant requests that this Court enter ajudgment and decree which provides as follows: (i) Grants theapplication for conditional water rights for each of the24 individual Wells and the conditional water storage right forSkunk Creek Reservoir No. 3 as described in Section I above; (ii)Approves Applicant’s plan for augmentation described in Section IIabove; (iii) Finds that as a result of Applicant’s augmentationplan there will be no injury to any owner or person entitled to usewater under a vested water right or decreed conditional waterright; (iv) Grants the appropriative right of exchange describedin Section III above; and (v) Orders the State Engineer to approvewell permits for each of the Wells with terms and conditions nomore restrictive than set forth herein. (9 pages)

31. 99CW148 EAGLE COUNTY, APPLICATION FOR WATER RIGHTS, PLAN FORAUGMENTATION AND APPROPRIATIVE RIGHT OF EXCHANGE. 1. Name andAddress of Applicant: Edwards Station, LLC, c/o East West Partners,P.O. Drawer 2770, Avon, Colorado 81620, (970) 845-9200; c/o StevenJ. Bushong, Porzak Browning & Johnson LLP, 929 Pearl Street, Suite300, Boulder, Colorado 80302. 2. Introduction. Applicant is theowner of two existing wells (permit nos. 44270 and 48069) that arepermitted for a maximum of 24 acre-feet per year and which arecurrently being used for domestic, commercial, and irrigation usesassociated with a service station, car wash and other enterprisesowned by Applicant in Edwards, Colorado. Applicant seeks approvalof absolute and conditional water rights allowing for diversions ofup to 22 acre-feet per year from the two wells. Applicant furtherseeks approval of an augmentation plan to augment out-of-prioritydepletions associated with the use of the wells. I. Applicationfor Absolute and Conditional Water Rights. 3. Name of WellStructures: A. Edwards Station Well No. 1; (Permit No. 44270). B.Edwards Station Well No. 2; (Permit No. 48069). 4. LegalDescription of Structures: Edwards Station Well Nos. 1 and 2 arelocated at 0434 Edwards Access Road, Edwards, Colorado, as moreparticularly described below: A. Edwards Station Well No. 1. Thewell is located in the SW1/4 of the NW1/4 of Section 4, T. 5 S., R.82 W. of the 6th P.M., approximately 1400 feet from the Northsection line and 100 feet from the West section line of saidSection 4. B. Edwards Station Well No. 2. The well is located inthe SW1/4 of the NW1/4 of Section 4, T. 5 S., R. 82 W. of the 6thP.M., approximately 1600 feet from the North section line and 300feet from the West section line of said Section 4. One or both ofthese wells may be redrilled, but will be located on the sameproperty and in close proximity to the above legal descriptions. 5.Source. The source of the Edwards Station Well Nos. 1 and 2 isgroundwater tributary to lower Berry Creek (South of highway 70)and the Eagle River, tributary to the Colorado River. 6.Appropriation. A. Edwards Station Well No. 1. i. Date ofInitiation of Appropriation: December, 1970. ii. How Appropriationwas Initiated: Formation of requisite intent coupled with actionsmanifesting such an intent sufficient to put third parties onnotice, including filing for a well permit with the StateEngineer’s Office. iii. Date Water First Applied to Beneficial Use.Beginning in February, 1971. B. Edwards Station Well No. 2. i. Dateof Initiation of Appropriation: August, 1971. ii. HowAppropriation was Initiated: Formation of requisite intent coupledwith actions manifesting such an intent sufficient to put thirdparties on notice, including filing for a well permit with theState Engineer’s Office. iii. Date Water First Applied toBeneficial Use. Beginning in August, 1971. 8. Amount Claimed.Applicant claims 25 gpm absolute for each well up to a combinedmaximum diversion of 22 acre feet per year, of which 14 af isclaimed absolute. Any of the claimed amounts not found to beabsolute by the Water Court are hereby claimed conditional. 9.

Beneficial Uses. Commercial, irrigation, car wash, domestic andall other beneficial uses associated with a service station and carwash. The aforementioned irrigation is expected to consist ofapproximately 0.8 acres of lawn, trees, shrubs and garden in closeproximity to the legal description given for the wells, above. 10.Name and Address of Owners of Land on which Wells Are Located.Applicant is the owner of the land on which the Edwards StationWell Nos. 1 and 2 are located. 11. Remarks. In Case No. 99CW27,Water Division No. 5 (still pending), Applicant seeks a separatewater right for the Edwards Station Well Nos. 1 and 2 for up to 4acre-feet which amount is entitled to releases from Green MountainReservoir. This application seeks up to an additional 22 acre-feetof diversions that are not entitled to Green Mountain Reservoirprotection, but which will be augmented as set forth below. II.Application for Augmentation Plan Approval. 12. Structures to beAugmented. The Edwards Station Well Nos. 1 and 2, as describedabove at paragraphs 3 and 4. 13. Depletion Assumptions for EdwardStation Well Nos. 1 and 2. The total irrigation use is expected tobe 1.65 af per year using spray irrigation on approximately 0.49acres of bluegrass and gardens and drip irrigation on approximately0.31 acres of trees and shrubs. Assuming a consumptive irrigationrequirement of 1.79 af/acre, the total irrigation consumption isexpected to be approximately 1.43 af/year. The total non-irrigation use associated with the car wash and related uses isexpected to be approximately 20.04 af per year. Thesenonirrigation uses are connected to the Squaw Creek WastewaterTreatment Plant. (“Squaw Creek WWTP”). Assuming a consumptive useof 5% for these nonirrigation uses, their consumptive use isexpected to be 1.0 af per year. The total consumptive useassociated with the Edward Station Well Nos. 1 and 2 under thewater rights requested herein is thus expected to be a maximum of2.43 af per year, assuming the water rights requested herein arenever in priority. In order to allow for a mix of water uses tochange over time for the Edwards Station Well Nos. 1 and 2 waterrights, Applicant seeks the right to change the mix of water usespermitted under this plan from those currently projected so long asthe total diversions do not exceed 22 af and the total out-of-priority depletions do not exceed the amount of augmentation waterdedicated to the plan as described below. 14. Augmentation Water.Releases from Eagle Park Reservoir and/or Wolford MountainReservoir, under contract with the Colorado River WaterConservation District, will be used to replace the out-of-prioritydepletions associated with the water rights requested herein forthe Edward Station Well Nos. 1 and 2. It is expected that 2-3 afof said storage will be sufficient for purposes of thisaugmentation plan. The amount of augmentation water ultimatelydedicated to the plan will be determined by the Water Court. TheEagle Park Reservoir and Wolford Reservoir, and their water rightsand diversion points, are described as follows: A. Eagle ParkReservoir. The water right and exchange applications for Eagle

Park Reservoir of which are currently pending in Water Court CaseNos. 92CW340 and 95CW348, for a capacity of 5300 acre feet, with anappropriation date of March 16, 1991, for mining, milling,industrial, snowmaking, municipal, domestic, stock watering,recreation, fish and wildlife, irrigation, agricultural, exchange,replacement, augmentation and all other beneficial purposes. Thenorth abutment of the dam crest is located approximately 160 feetnorth of the south section line and 650 feet east of the westsection line of Section 28, T. 7 S., R. 79 W., 6th P.M., EagleCounty, Colorado. The source of Eagle Park Reservoir is the EastFork of the Eagle River including runoff, surface flow and seepagefrom the area above the reservoir and tributary thereto, and watertributary to Tenmile Creek a tributary of the Blue River. Thespecific points of diversion into storage for Eagle Park Reservoirare as follows: (1) The East Fork Interceptor Ditch, which has acapacity of 48 cfs and diverts from unnamed tributaries of the EastFork of the Eagle River at the following points, all of which arelocated in Eagle County, Colorado: (i) 900 feet south of the northsection line and 1100 feet west of the east section line of Section5, T. 8 S., R. 79 W., 6th P.M. (ii) 1250 feet south of the northsection line and 700 feet east of the west section line of Section4, T. 8 S., R. 79 W., 6th P.M. (iii) 1200 feet north of the southsection line and 800 feet east of the west section line of Section33, T. 7 S., R. 79 W., 6th P.M. (iv) Runoff, surface flow, andseepage from the area above the East Fork Interceptor Ditch as itruns between the above-described points of diversion and Eagle ParkReservoir. (2) The Chalk Mountain Interceptor Ditch, which has acapacity of 12 cfs and diverts runoff and seepage as it runs adistance of approximately 3.4 miles from Fremont Pass, located inthe W/2 of Section 11, T. 8 S., R. 79 W., 6th P.M., northwesterlyalong State Highway 91 and the South side of Robinson Tailing Pond,thence westerly to the south of Chalk Mountain Reservoir andRobinson Reservoir, thence northwesterly to Eagle Park Reservoir.The Chalk Mountain Interceptor Ditch diverts water from theheadwaters of Tenmile Creek in Lake and Summit Counties and fromthe headwaters of the East Fork of the Eagle River in Eagle County.(3) The East Interceptor Ditch, which has a capacity of 20 cfs andruns northeasterly from a point whence the northeast corner ofSection 2, T. 8 S., R. 79 W., 6th P.M. bears North 77° and 20° Easta distance of 850 feet at the north fork of McNulty Creek, thencealong the east side of Robinson and Tenmile Tailing Ponds intoSupply Canal No. 1 described below. The East Interceptor Ditchdiverts water from the north fork of McNulty Creek and surfaceflow, seepage, and runoff from watersheds above it that aretributary to Tenmile Creek. (4) The Supply Canal No. 1, which has acapacity of 10 cfs and diverts water from the following tributariesof Tenmile Creek at the following points: (i) On the west bank ofHumbug Creek at a point whence the southwest corner of Section 18,T. 7 S., R. 79 W. bears South 71° and 35° West a distance of 3250.(ii) On the south bank of Mayflower Creek at a point whence the

northeast corner of Section 24, T. 7 S., R. 79 W., 6th P.M. BearsNorth 16° and 55° East a distance of 2250 feet. (iii) Runoff,surface flow, and seepage from the area above the Supply Canal No.1 as it runs between the above-described points of diversion andthe Climax Mill. (5) The Supply Canal No. 2, which has a capacityof 10 cfs and diverts water from the following tributaries ofTenmile Creek at the following points: (i) On the west bank ofSearle Creek at a point whence U.S.L.M. Kokomo bears South 45° and58° East 3740 feet (located in the NW/4 of the SE/4 of Section 13,T. 7 S., R. 79 W., 6th P.M.). (ii) On the south bank of KokomoCreek at a point whence U.S.L.M. Kokomo bears North 39° and 36°east 2635 feet (located in the SE/4 of Section 22, T. 7 S.,R. 79 W., 6th P.M. (iii) Runoff, surface flow, and seepage from thearea above the Supply Canal No. 2 as it runs between the above-described points of diversion and the Climax Mill. B. WolfordReservoir. Wolford Mountain Reservoir (a/k/a Gunsight PassReservoir) was decreed 155 acre feet of water by the Water Court asfollows: (1) Case No. 87CW283: (i) Date: November 20, 1989 (ii)Legal description of point of diversion or place of storage: Thedam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R.81 W., 6th P.M. The intersection of the dam axis with the rightabutment will occur at a point which bears W. 54°54'20" E. adistance of 3,716.46 feet from the NW Corner of said Section 25.(iii) Source: Muddy Creek and its tributaries (iv) Amount: 59,993acre feet conditional; of this amount, 32,986 acre feet were madeabsolute for piscatorial and recreational uses by decree entered inWater Court Case No. 95CW251 (v) Appropriation Date: December 14,1987 (vi) Decreed Use: All beneficial uses, including but notlimited to domestic, municipal, agricultural and recreational uses.(2) Case No. 95CW281: (i) Date: August 26, 1997 (ii) Legaldescription of point of diversion or place of storage: The dam islocated in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W.,6th P.M. The as-built intersection of the dam axis (Sta.D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown onthe Colorado River Water Conservation District, Wolford MountainProject, Ritschard Dam construction drawing "Dimensional DamLayout" sheet 8 of 94, occurs at a point which bears S. 53°24'56"E. a distance of 3,395.51 feet from the NW Corner of said Section25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00being S. 75° 28' 29" E. (iii) Source: Muddy Creek and itstributaries (iv) Amount: 6,000 acre feet conditional (v)Appropriation Date: January 16, 1995 (vi) Decreed Use: Allbeneficial uses by and for the benefit of the inhabitants of theColorado River Water Conservation District, including but notlimited to domestic, municipal, industrial, irrigation,agricultural, piscatorial and recreational; such uses will includeenvironmental mitigation, including environmental mitigationrequirements associated with the Wolford Mountain Project; suchuses will be made directly or by substitution, augmentation, or

exchange. (3) Case No. 98CW237: (i) Date: Application filedDecember 22, 1998. (ii) Legal description of place of storage: Thedam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R.81 W. of the 6th P.M. The as-built intersection of the dam axis(Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), asshown on the Colorado River Water Conservation District, WolfordMountain Project, Ritschard Dam construction drawing "DimensionalDam Layout" sheet 8 of 94, occurs at a point which bears S.53°24'56" E. a distance of 3,395.51 feet from the NW Corner of saidSection 25; the bearing of said dam axis from Sta. 19+35.61 to Sta.0+00 being S. 75°28'29" E. (iii) Source: Muddy Creek and itstributaries (iv) Amount: 30,000 acre feet conditional with 15,895acre feet being absolute for recreational and piscatorial and floodcontrol. (v) Appropriation Date: November 17, 1998 (vi) Use:Certain of the beneficial uses previously adjudicated for WolfordMountain Reservoir in Case No. 87CW283, District Court for ColoradoWater Division No. 5 (November 20, 1989 Judgement and Decree), andCase No. 95CW281, District Court for Colorado Water Division No. 5(August 26, 1997 Judgment and Decree). 15. Description ofAugmentation Plan. Applicant will replace all out-of-prioritydepletions resulting from the water rights sought for the EdwardsStation Well Nos. 1 and 2 herein, using storage releases fromeither Eagle Park Reservoir or Wolford Reservoir. Eagle ParkReservoir water will be used for augmentation at such times asthere is a calling water right senior to the water rights requestedfor the Edward Station Well Nos. 1 and 2 herein, that is located onthe Eagle River downstream of Berry Creek. If the calling seniorwater right is located on the Colorado River downstream of theconfluence of the Eagle River and Colorado River, either Wolford orEagle Park Reservoir water may be used. Wolford Reservoir watermay be used in the augmentation plan by the exchange describedbelow. 16. CWCB Instream Flow Water Rights. In Case No. 80CW134,Water Division No. 5, the Colorado Water Conservation Board(“CWCB”) was decreed an instream flow right for a reach of theEagle River above the confluence with Lake Creek of 85 cfs betweenMay 1 and September 30, and 35 cfs from October 1 to April 30. InCase No. 80CW126, Water Division No. 5, the CWCB was decreed aninstream flow right for a reach of the Eagle River downstream ofthe confluence with Lake Creek to the Squaw Creek WWTP of 110 cfsbetween May 1 and September 30, and 45 cfs from October 1 to April30. Although the appropriation dates claimed by the Applicant forthe Edwards Station Wells Nos. 1 and 2 are senior to these instreamflow rights, Applicant agrees to utilize Eagle Park Reservoir waterunder its augmentation plan in instances in which said CWCB rightsare placing an administrative call on water rights with a 1999 ormore senior priority. Under such operation of the plan, there isno potential out-of-priority depletions below the Squaw Creek WWTPthat could affect the CWCB’s instream flow rights. In the streamreach below the confluence of Berry Creek and the Eagle River andthe Squaw Creek WWTP, monthly depletions from the water rights

requested for the Edwards Station Wells Nos. 1 and 2 could reach amaximum of 0.025 cfs. Taking into account depletions attributableto current de minimis filings, the Edwards Station Wells Nos 1 and2 will result in depletions to the reach of the Eagle River fromthe confluence with Berry Creek to the Squaw Creek WWTP that willbe significantly below the 1% de minimis rule. Applicant requeststhat this application be deemed a de minimis filing by the CWCB.

III. Application for Appropriative Right of Exchange. 17.Appropriative Right of Exchange. Applicant requests the right tosubstitute and exchange the Wolford Reservoir water dedicated tothe augmentation plan described above at paragraph 14 to theEdwards Station Well Nos 1 and 2. 18. Exchange Reach. The exchangereach would be from the confluence of the Eagle River and ColoradoRiver, upstream to the point of depletion for the Edwards StationWell Nos. 1 and 2, which has been determined to be lower BerryCreek (South of Highway 70), and the Eagle River at the confluenceof Berry Creek and the Eagle River. 19. Uses. Applicant intends touse the substituted and exchanged water for the uses described atparagraph 9. 20. Appropriation Date for Exchange. A. Date ofInitiation of Appropriation: The date this Water Court applicationwas filed with the Water Court. B. How Appropriation WasInitiated. Formation of requisite intent coupled with actionssufficient to put third parties on notice, including the filing ofthis Water Court application. WHEREFORE, Applicant requests thisCourt enter a decree: A. Approving the absolute and conditionalwater rights described above in paragraphs 3-10; B. Approving theaugmentation plan set forth in paragraphs 12-16 above; C. Approvingthe appropriative rights of exchange set forth in paragraphs 17-20above; and D. Grants Applicant such other relief as the Court deemsjust and proper. (10 pages)

32. 99CW149 SUMMIT COUNTY, SWAN RIVER, TRIBUTARY TO BLUE RIVER,WATER DIST. NO. 36. John T. Grigsby, Jr., 7780 Spring Dr., Boulder,CO 80303, 303-543-0654. Steven P. Jeffers, P.O. Box 978, Longmont,CO 80502-0978, 303-776-9900. Name of well: Grigsby Well.Application for Underground Water Right and Approval of Plan forAugmentation, Including Exchange. APPLICATION FOR UNDERGROUND WATERRIGHT 2. Name of well: Grigsby Well, previously decreed as Well NoSE-54 in Case No. 90CW245. 3. Legal Description: On Lot 54, SummitEstates Subdivision, Filing No. 4 in Summit County, CO, in the NW¼NW¼ Sec. 21, T6S, R77W, 6th P.M., 900 feet from the North sectionline and 550 feet from the West section line. A map of the welllocation is attached as Exhibit A. 4.a. Source: Alluvium andfractured bedrock tributary to Swan River, tributary to Blue River.b. Depth: 235 feet. 5.a. Appropriation date: September 10, 1998. b.How appropriation was initiated: By Applicant contacting the VidlerWater Company to obtain augmentation water for replacement of outof priority depletions from increased use of the well, and formingthe intent to appropriate additional water from the well. c. Datewater applied to beneficial use: N/A. 6. Amount claimed: 0.033 cfs

(15 gpm). 7. Uses: Domestic, including use for one accessorydwelling and irrigation of 6,000 sq. ft. of lawns and gardens onLot 54, CONDITIONAL. 8. Remarks: The well is currently operatedunder Well Permit No. 41533-F approved on Aug. 26, 1992, for in-house use only, the out of priority depletions from which arereplaced pursuant to the decree entered in Case No. 89CW216, WaterDiv. No. 5. Applicant requests the right to use the well for thepurposes described in para. 7 above, in addition to those decreedin Case No. 90CW245, and to replace the resulting additional out ofpriority depletions pursuant to the plan for augmentation describedin this application. 9. Owner of land on which well is located:Applicant. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION,INCLUDING EXCHANGE 10.a. Name of structure to be augmented: GrigsbyWell. b. Other water rights diverted from this structure:Underground water right decreed to John T. Grigsby, Jr. in Case No.90CW245, entered on Mar. 28, 1991, District Court, Water Div. No.5, for well No. SE-54 with an appropriation date of Oct. 30, 1989,in the amount of 0.033 cfs (15 gpm) for in-house use only insideone single family dwelling. This water right will continue to beaugmented pursuant to decree entered in Case. No. 89CW216, WaterDiv. No. 5. 11. Previous decrees for water rights to be used foraugmentation: a. The Applicant is contracting with the Vidler WaterCompany for a perpetual lease of a quantity of the 361 consumptiveacre feet and of the maximum diversion rate of 31.22 cfs decreed bythe District Court in and for Water Div. No. 5 (the “Water Court”)in Case No. W-217, as being historically attributable to thefollowing described water rights: i) Rice Ditch, decreed for 4.50cfs, with a May 3, 1893 appropriation date and a Mar. 2, 1910adjudication date. The originally decreed headgate of the RiceDitch is located on the left (south) bank of the Snake River in theNW¼ of the SE¼ of Sec. 22, T5S, R77W of the 6th P.M.; ii) Soda CreekDitch, decreed for 2.72 cfs, with Jul. 1, 1900 appropriation dateand a Mar. 10, 1952 adjudication date. The originally decreedheadgate of the Soda Creek Ditch is located on the right (east)bank of Soda Creek at a point whence the south quarter corner ofSec. 27, T5S, R77W, 6th P.M., bears S10°15’E a distance of 940 feet;iii) Phillips Ditch, decreed for 4.0 cfs with a Jun. 1, 1904appropriation date and a Mar. 2, 1910 adjudication date. Theoriginally decreed headgate of the Phillips Ditch is located on theleft (west) bank of Keystone Creek in the SW¼ of the SW¼ of Sec.14, T5S, R77W of the 6th P.M.; iv) Rice Ditch-Riley Enlargement,decreed for 10.0 cfs, with a Jul. 5, 1914 appropriation date and anOct. 26, 1937 adjudication date. The originally decreed headgate ofthe Riley Enlargement is located on the left (south) bank of theSnake River at a point whence the SW corner of Sec. 22, T5S, R77W,6th P.M. bears S54°46’W a distance of 3,845 feet; v) Rice Ditch-RiceEnlargement, decreed for 10.0 cfs with a Jul. 5, 1914 appropriationdate and a Mar. 10, 1952 adjudication date. The originally decreedheadgate of the Rice Enlargement is the same as the Rice Ditch-Riley Enlargement; As said water rights were changed by the Water

Court in Case Nos. W-217 and W-2110. b. Applicant is alsocontracting with the Vidler Water Company for a perpetual lease ofan amount of water in acre feet per year of the 100 acre feet peryear of augmentation water to be released to the Blue River fromDillon Reservoir (the “Dillon storage water”) pursuant to para. 6.bof the Agreement dated Sep. 18, 1985 (the “Agreement”) between theCity and County of Denver acting by and through its Board of WaterCommissioners and the Board of County Commissioners of SummitCounty, Colorado. The quantity to be leased shall be that amountnecessary to offset out of priority depletions from pumping theGrigsby Well as claimed herein. 12. Statement of plan foraugmentation: a. Applicant owns Lot 54, Summit Estates Subdivision,Filing No. 4, Summit County, CO (the “property”). Applicant intendsto use the water right and the augmentation plan claimed in thiscase to supply water for 1 accessory dwelling unit and for outsideirrigation of a maximum of 6,000 sq. ft. of lawns and gardens onthe property. Applicant will continue to use the existing waterright decreed for the well with the existing augmentation plan forin-house use only for the primary dwelling unit on the property,unaffected by this decree. Augmentation of these new out ofpriority depletions will come from the water rights described inpara. 11 above. b. Applicant anticipates that wastewater treatmentand disposal will be by an existing septic tank/leach field systemwith an estimated consumptive use of 10% of the in-housediversions. For determination of inside water demands, theApplicant has calculated a water usage of 100 gallons per capitaper day with an average year-around occupancy of 2 people for theaccessory dwelling unit. Outside irrigation requirement isestimated to be 1.81 acre feet per acre irrigated with aconsumptive use of 1.45 acre feet per acre per year. The totalannual diversions from uses associated with the accessory dwellingunit and outside irrigation will be 0.473 acre feet with 0.222 acrefeet of depletions. Table 1 below presents both the in-house andirrigation water requirements and consumptive uses:

Month Required In-house watersupply foraccessorydwelling unit(acre feet)

ConsumptiveIn-housewater usefor accessorydwelling unit(acre feet)

RequiredOutsideIrrigationwater (acrefeet)

ConsumptiveOutsideIrrigationwater use(acre feet)

Jan 0.019 0.0019 0 0Feb 0.019 0.0019 0 0Mar 0.019 0.0019 0 0Apr 0.019 0.0019 0 0May 0.019 0.0019 0.0623 0.05Jun 0.019 0.0019 0.0623 0.05Jul 0.019 0.0019 0.0623 0.05Aug 0.019 0.0019 0.0623 0.05Sep 0.019 0.0019 0 0Oct 0.019 0.0019 0 0

Month Required In-house watersupply foraccessorydwelling unit(acre feet)

ConsumptiveIn-housewater usefor accessorydwelling unit(acre feet)

RequiredOutsideIrrigationwater (acrefeet)

ConsumptiveOutsideIrrigationwater use(acre feet)

Nov 0.019 0.0019 0 0Dec 0.019 0.0019 0 0Annual 0.224 0.0224 0.249 0.20

c. In order to replace depletions which occur from use of water onthe property and to satisfy the requirements of the Denver WaterDepartment pursuant to the Agreement, the Applicant will leasedirect flow water from Vidler and Dillon storage water as necessaryto offset the foregoing depletions. Applicant estimates that thetotal amount of water to be leased will be 0.227 acre feet ofdirect flow water right and 0.013 acre feet of Dillon storagewater, however, Applicant reserves the right to lease and providemore or less water, as long as it is sufficient to meet allreplacement obligations determined in this case. d. Pursuant toSec. 37-80-120(2) and (4), Applicant also requests the Court toconfirm the practice of substitution and exchange whereby theApplicant proposes to replace depletions to Dillon Reservoir andthe Blue River at the location and in the amount described abovewith water released under the water rights discussed above. Thedate of appropriation claimed for such exchange is Sep. 10, 1998,the date on which Applicant began discussions with Vidler tocontract for Vidler water. e. Adequate water accounting and suchother information as may be required by the Court or as may bereasonably requested by the Division Engineer for Water Div. No. 5or his agents will be provided in order to properly administer thisplan. f. The changes of water rights and plans for augmentationwill not injuriously affect the owners or users of vested ordecreed conditional water rights. 13. The Applicant has previouslyobtained a Well Permit for Well No. SE-54 (Permit No. 41533-F) forin-house use only, and will submit a well permit application to theState Engineer’s Office for use of the Well as applied for in thiscase. 14. Name and address of owners of land on which structuresare located: Applicant. (7 pages)

33. 99CW150 GARFIELD COUNTY-FRENCHMAN CREEK; TRIBUTARY TO THEFRYING PAN RIVER. Estate of Cynthia P. Gregg, c/o Joe Gregg, c/oLori Satterfield, Esq., & Dendy Heisel, Esq., Balcomb & Green,P.C., P.O. Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546.Application for Change of Water Right. The Structures are listed byStructure, Decreed Amount (cfs), Use, Amount to be Changed (cfs),Adjudication Date, Appropriation Date, Case No., Priority, asfollows: Frenchman Creek Ditch No. 1, 1.07, Irrigation, 0.03,8/25/1936, 5/01/1901, 3082, 336; Frenchman Creek Ditch No. 2, 2.38,Irrigation, 0.07, 8/25/1936, 5/01/1901, 3082, 337; Frenchman CreekDitch No. 3, 3.14, Irrigation, 0.10, 8/25/1936, 5/01/1901, 3082,

338; Information From Previous Decree: Court: Garfield CountyDistrict Court; Decreed Point of Diversion: Pursuant to the Decreein Case No. 92CW192, the decreed point of diversion for FrenchmanCreek Ditch Nos. 1 through 3 is the Frenchman Creek Pipeline whichdiverts from the west bank of Frenchman Creek at a point in theNE1/4 SW1/4, Sec. 3, T. 8 S., R. 85 W., of the 6th P.M. at a point2,300 ft. from the S. line and 1,950 ft. from the W. line of saidSec. 3; Historic Use of Rights to be Changed: Irrigation of 7.3acres located in the NE1/4 NE1/4 of Sec. 9, and SE1/4 SE 1/4 ofSec. 4, T. 8 S., R. 85 W. of the 6th P.M; Proposed Change:Applicant requests a change in the point of diversion from thedecreed point described, above, to the headgate of the Alvin SlossDitch, which is located on the Frying Pan River on the north bankat a point which is S. 34° E., 1,575 ft. from the NW. corner ofSec. 10, T. 8 S., R. 85 W., 6th P.M. Applicant does not seek anychange in location of use; the subject water rights will continueto be used for irrigation of the 7.3 acres at the locationdescribed above. Name and Address of Owner of Land on which AlvinSloss Ditch Headgate is Located: The Nichols K.L.A.N. Trust, c/oKay Callison, 55 Lemans Court, Prairie Village, KS 66208. (4Pages).

34. 99CW151 GARFIELD COUNTY - FOUR MILE CREEK, ROARING FORK RIVER.Kevin and Marian Leonard; 3397 CR 117; Glenwood Springs, CO 81601970-945-6901. Application for Water Rights (Surface) - LeonardPump and Pipeline. Location: SE1/4SW1/4 Sec. 34, T. 6 S., R. 89W., 6th P.M. on the right bank of Four Mile Creek, at a pointwhence the SW corner of said Sec. 34 bears South 79°8'31" West2,811 feet. Appropriation: July 17, 1999. Amount: 0.1 c.f.s.,conditional. Use: irrigation. (3 pages)

35. 99CW152 (93CW053) 99CW152, APPLICATION TO MAKE ABSOLUTECONDITIONAL WATER RIGHTS AND FOR A FINDING OF REASONABLE DILIGENCE,CONCERNING APPLICATION FOR WATER RIGHTS OF: COTTONWOOD HOLLOWHOMEOWNER’S ASSOCIATION and GAILEN B. SMITH IN GARFIELD COUNTY.Applicants: Cottonwood Hollow Homeowner’s Association, C/O BarryTill, President, 0206 Cotton Hollow Lane, Carbondale, CO 81623;Gailen B. Smith, 0105 Cotton Hollow Lane, Carbondale, CO 81627C/O Billie G. Burchfield, Attorney for Applicant, 802 Grand Avenue,Suite 305, Glenwood Springs, CO 81601 (970) 945-8818 or (970) 285-7990. Name of Structures: Bobcat Ridge Estates Wells Nos. 1 through35 and McVey Reservoir. Description of conditional water rights:On April 8, 1981, in Case No. 80CW359, Div.5 Water Court awardedBobcat Ridge Estates Wells Nos. 1 through 35, each 0.033 cfs,conditional, for in-house domestic water supply, watering of onehorse, and irrig. of up to 1000 sq. ft. of lawn and garden for eachdwelling unit, and fire protection. Said wells were augmented withreleases from McVey Reservoir decreed in Case No. 79CW59 for 3.0AF, absolute and 10 AF, conditional. The volume of McVey Res. wasdetermined by a reg. prof. engineer to be 1.67 AF. Cottonwood

Hollow presently consists of 13 units. Consumptive use associatedwith the 13 units by the provisions in Case No. 80CW359 andutilizing an accepted evaporation factor of 2.5 AF per surface acreper year from the surface area of 0.28 acres on McVey Reservoirequates to 1.47 AF per year. Eleven (11) of the thirteen (13)wells within Cottonwood Hollow have been constructed and the waterapplied to beneficial use. Wells on lots 7 and 13 have not as yetbeen drilled or the water applied to beneficial use. Lot ownershave made preparations and plans to drill wells and dev. thoselots. Said subdivision is located in Lots 6, 7 and 8, of Sec. 12 inthe NE¼SW¼ of Sec. 12, T. 7 So., R. 88 W. of the 6th P.M.. Wellpermits have been issued for the following lots:Lot 1 43335-F, Lot2 40324-F, Lot 3 37223-F, Lot 4 29266-F, Lot 5 29786-F, Lot 631770-F, Lot 8 31771-F, Lot 9, 37221-F, Lot 10, Lot 11 29785-F,Lot 12 36756-F. Source of water for each well is Cattle Creek,trib. to the Roaring Fork River. Approp. date for each well isMarch 26, 1980. Amount of water for each well is 15 gpm. Use ofwater from each well is domestic inside one single family dwelling,watering of one head of livestock and the irrig. of 1000 squarefeet of home lawn and garden. Applicant requests that Bobcat RidgeEstates Wells Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, and 12 be madeabsolute and a finding of reasonable diligence be made for BobcatRidge Estates Wells Nos. 7, 13, 14 through 35, and the remaining 10AF of storage in McVey Reservoir. (3 pages)

36. 99CW153 APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHTCONCERNING THE APPLICATION FOR WATER RIGHTS OF: SUNNY J. BEARD ANDJOHN P. BEARD IN EAGLE COUNTY, COLORADO. Applicants: Sunny Beardand John P. Beard, P. O. Box 407, Gypsum, CO 81637, c/o BillieBurchfield, Attorney for Applicants 802 Grand Avenue, Suite 305,Glenwood Springs, CO 81601,(970) 945-8818. Structures: White-BeardDitch. Description of conditional water rights:Location: White-Beard Ditch diversion pt is 30 ft from the N. line an 100 ft fromthe E. line of the following described tract of land: A parcel ofland in Tract 85, Sec. 15 and 22, T. 5 S., R. 85 W., of the 6th P.M.more particularly described as beginning at a pt from whence aproperly marked and set brass cap set for Corner No. 2 of saidTract 85 bears N. 0°12'00" E. 2990.30; thence E. 1324.04 feet;thence W. 1322.6 feet; thence N. 0°12'00" E. 1152.1 feet to theplace of beginning. On Jan. 31, 1979, in Case No. 3598, 1.0 cfs wasawarded conditionally to the White-Beard Ditch for irrig.,municipal, domestic, fire protection, and livestock water, with anapprop. date of Nov. 12, 1976, the source is Spring Creek,tributary to the Eagle River. On July 13, 1993, in Case No. 93 CW018, 0.625 cfs of the 1.0 cfs originally awarded to the White-BeardDitch was changed to the Beard Pump; 0.375 cfs of said 1.0 cfs waschanged to the White Pump; add’l use of filling and refilling ofthe Beard Pond and White Pond was awarded; and reasonable diligencewas found. Applicants claim ownership of 5/8ths of the White-BeardDitch or 0.625 c.f.s. changed to the Beard Pump. The Beard Pump is

located at the decreed pt of diversion of the White-Beard Ditch.Activities performed toward completion of the appropriation: Sincethe prior diligence application in 1993, Applicants have expendedmore than $15,000.00 in prof. fees, labor and materials associatedwith development of this cond. water right. (See summary expensesattached hereto). Applicants have maintained and upgraded thecapacity of the Beard Pump, to include a 5 HP pump and a 2 HP pump,with capacity to divert up to 329 gpm. Applicants have divertedthe full decreed amount of 0.625 cfs./282 gpm for the decreed usessince July 1994, including filling and refilling the Beard Pondpursuant to the Decree in Case No. 93 CW 018. See attached photo.Applicants requests the Court enter an order making the 0.625c.f.s. conditionally awarded to the White-Beard Ditch and changedto the Beard Pump absolute. (4 pages)

37. 99CW154 APPLICATION FOR A FINDING OF REASONABLE DILIGENCE OF:C.E.DEKKO IN EAGLE COUNTY, CO Name, address &phone ofApplicant:C.E. Dekko c/o Billie Burchfield Attorney forApplicant 802 Grand Ave, S. 305 Glenwood Springs, CO 81601 970 285-7990 Name of Structures: Monroe Pond and Monroe Pump & PipelineDescrip. of conditional water rights: center of Monroe Pond dam islocated in SW¼SE¼ of Sec 18, T. 5 S., R. 82 W. 6th PM, at a pointwhence SE Corner of said Sec 18 bears S. 82°06' E. 1600 ft. decreedpoint of diversion of Monroe Pump & Pipeline is in SW¼SE¼ of saidSec 18 at a point whence SE Corner of said Sec18 bears S. 83°45' E.1368 ft. On May 11, 1987, in Case No. 86CW331, Monroe Pond wasawarded 5.0 AF, cond., for irr, stock watering, piscatorial andaesthetic purposes with approp. date of June 9, 1986. source ofwater is West Lake Crk, through A.B. Degraw Ditch and East Lake Crkthrough Monroe Pump & Pipeline, both trib to Lake Crk, trib toEagle R. Monroe Pond is an integral part of Plan for Augmentationin Case No. 86CW333. In Case No. 93CW067, 0.73 AF of said 5.0 AFwas made absolute. On May 11, 1987, in Case No. 86CW332, MonroePump & Pipeline was awarded 0.25 cfs, cond. for irr of 12 acres,stock watering, piscatorial and aesthetic purposes with an appropdate of June 9, 1986. source of water is East Lake Crk, trib toLake Crk, trib to Eagle R. Monroe Pump & Pipeline is integral partof Plan for Augmentation in Case No. 86CW333. In Case No.93CW066, 0.13 cfs of said 0.25 cfs was absolute. On or about June1, 1999, property was sold to present claimant of subject waterrights. During last diligence period, Applicant’s predecessorbought machinery and pipe and continued in efforts to perfectsubject water rights. Applicant has had subject water rightsanalyzed as to their viability as integral parts of the property’soverall water plan. Applicant requests that Court confirm thatApplicants predecessor and Applicant have shown reasonablediligence in development of proposed appropriations and concludethat remaining conditional water rights be continued in full forceand effect. (2 pages)

38. 99CW155 APPLICATION FOR WATER STORAGE RIGHT IN GARFIELDCOUNTY. Frances Jean Black, c/o Thomas W. Stuver, Stuver & George,P.C., P.O. Box 907, Rifle, CO 81650, (970) 625-1887; Name ofReservoir: F.J. Black Pond No. 1; Location of Dam: Locatedbelow the west bank of the Coulter lateral of the Grand TunnelDitch in the SW 1/4 SW 1/4 of Section 31, T. 5 S., R. 92 W., 6th

P.M., at a point 1073 feet from the South section line, and 90 feetfrom the West section line, in Garfield County, Colorado. TheCoulter lateral transports 8.50 "miners inches" of water, owned bythe applicant, from the Grand Tunnel Ditch. Name and capacity ofditch or ditches used to fill reservoir, and legal description ofeach point of diversion: The Grand Tunnel Ditch; ditch headgate islocated on the west bank of Rifle Creek about 5 miles above themouth, in Garfield County, Colorado; Source: Rifle Creek, seepageand surface runoff water; Date of appropriation: Upon informationand belief, on or about July, 1975; How appropriation wasinitiated: By construction of reservoir ; Date water applied tobeneficial use: Upon information and belief, on or before December,1975; Amount Claimed: 1.25 af, absolute; Rate of diversion forfilling the reservoir: .5 cfs, absolute; Use: Irrigation andLivestock watering; Number of acres historically irrigated: 5acres; Total number of acres proposed to be irrigated:11 acres;Legal description of acreage: That part of Parcel 1, George McCuneExemption located West of the Coulter lateral of the Grand TunnelDitch in the SE 1/4 Section 31, T. 5 S., R. 92 W., 6th P.M., and inthe SE 1/4 Section 36, T. 5 S., R 93 W., 6th P.M., in GarfieldCounty, Colorado; Surface area of high water line: 6,000 sq. ft.; Maximum height of dam: 10 ft.; Length of dam: 110 ft.; Totalcapacity of reservoir: Active capacity: 1.25 af, Dead Storage: 0;Name and address of owner of land on which structure(s) for thewater right is located: same as Applicant. (3 pages)

39. 99CW156 (formerly Case No. 91CW040) Garfield County; DryCreek; Colorado River. H. B. Shaeffer c/o Russell George, Esq.,Stuver & George, P.C., P.O. Box 907, Rifle, CO 81650. Applicationfor Finding of Reasonable Diligence and To Make Absolute aConditional Water Right. First Claim: Application for Finding ofReasonable Diligence on Wynn Wells Nos. 1, 2 and 3. Originaldecree date is June 8, 1993, in Case No 91CW040 in this Court. Thethree wells are located in the NE1/4NE1/4 of Sec. 14, T.7S, R.93Wof the 6th P.M. at the following described points: No. 1: 990feet from the N. line of Sec. 14 and 930 feet from the E. line ofSec. 14; No. 2: 1200 feet from the N. line of Sec. 14 and 135feet from the E. line of Sec. 14; No. 3: 480 feet from the N. lineof Sec. 14 and 990 feet from the E. line of Sec. 14. Source is analluvial aquifer tributary to Dry Creek, tributary to the ColoradoRiver. Appropriation date is July 23, 1990. Amount is .333 cfsfor each well, conditional (less the amount of Wynn Well No. 1which is to be made absolute as set forth in the application.) Useis irrigation. All three wells are to be integrated into a single

irrigation system, the first phase of which has been completed withthe completion of Wynn Well No. 1 and described in the application.Second Claim: To Make Absolute a Conditional Water Right: on WynnWell No. 1: Water was applied to beneficial use on May 27, 1994,after Wynn Well No. 1 was completed to a depth of 176 feet. Wellpermit number is 043136. Amount to be made absolute is .15 cfs asthe pump operates at a sustained rate of between 60 and 70 gpm.Use is irrigation of wheat requiring a total of 100 irrigated daysper season. The water is used on sixty to eight acres in theS1/2E1/2E1/2 of Section 11, T. 7S., R. 93W. of the 6th P.M. Theapplication provides a detailed outline of what has been donetoward completion of appropriate and application of water tobeneficial use as conditionally decreed. (8 pages.)

40. 99CW157 GARFIELD COUNTY, RIO BLANCO COUNTY, FLAG CREEK, WHITERIVER. Samuel B. Potter and Teresa A. Potter, c/o Stuver &George, P.C., P.O. Box 907, Rifle, CO 81650; (970) 625-1887. Nameof structures: Whiskey Spring, Whiskey Spring Reservoir. 1.APPLICATION TO CHANGE WATER RIGHT:a. Decreed name: Whiskey Spring. b. previous decrees: March 10,1997, 95CW199; November 29, 1989, 89CW163; December 19, 1985,85CW246; September 29, 1981, 80CW286, all Water Division No. 5; c.Decreed point of diversion: erroneous previously decreed point ofdiversion places the spring in the SW1/4NE1/4 of Section 35, T. 2S., R. 94 W. of the 6th P.M. at a point 1850 feet South of theNorth line and 1540 feet West of the East line of said Section 35.The correct legal description places this spring in SE1/4NW1/4 ofSection 1, T. 3 S., R. 94 W. of the 6th P.M. in Garfield County,Colorado; the spring is at a point from which a stone at the North1/4 corner of said Section 1 bears North 11 degrees 04 minutes 46seconds East a distance of 1578.99 feet. d. Source: springtributary to Flag Creek, tributary to the White River. e.Appropriation Date: July 16, 1980, for .25 cfs for domestic andlivestock. f. Historic use: livestock watering use was madeabsolute in 95CW199. The domestic use remains conditionallydecreed. g. Proposed change: the changes requested are tocorrect the legal description and add lawful uses of piscatorial,storage, esthetic, fire protection, recreation, irrigation,wildlife and hydroelectric. 2. APPLICATION FOR WATER STORAGERIGHT: a. Name of Reservoir: Whiskey Spring Reservoir. b.Legal description: the reservoir is in SW1/4NW1/4 of Section 1, T.3 S., R. 94 W. of the 6th P.M., in Garfield County, Colorado; theoverflow pipe of the reservoir is at a point from which a stone atthe North 1/4 corner of said Section 1 bears North 44 degrees 46minutes 19 seconds East a distance of 2520.22 feet. c. Source:The reservoir is on-channel downstream from various springs whichform this headwater branch of Flag Creek. d. Date ofappropriation: June 1, 1996. e. Amount claimed: (1) 8.5 acrefeet absolute. f. Use: domestic, recreational, piscatorial,fire protection, esthetic, augmentation, livestock watering,

wildlife, irrigation, hydroelectric, filling and refilling g.Surface area of high water line: .85 acre; maximum height of damis 10 feet; length of dam is 150 feet. h. Total capacity ofreservoir in acre feet: 8 acre feet of active capacity. One-halfacre dead storage. 3. APPLICATION FOR ALTERNATE POINT OFDIVERSION: The legal description of this alternate point ofdiversion is a point in the SE1/4NW1/4 of Section 1, T. 3 S., R. 94W. of the 6th P.M. in Garfield County, Colorado, from which a stoneat the North 1/4 corner of said Section 1 bears North 27 degrees 17minutes 43 seconds East a distance of 1868.15 feet. 4. PLAN FORAUGMENTATION. Whiskey Spring Reservoir will be filled only whenthere is no call on Flag Creek. Replacements will be made from thereservoir into Flag Creek when Whiskey Spring is not in priority.Releases will be made on an exchange basis rather than consumptiveuse basis. (4 pages)

41. 98CW227 GARFIELD COUNTY, Seeps and Springs trib. to ColoradoRiver, Water Dist. 45, Bud Strong Family LLLP, Caloia & Houpt,P.C., 1204 Grand Ave., GWS, CO 81601. 1st AMEND. TO APP. App.amends location of Strong Spring and Pipeline Nos. 1 and 2 asfollows: Strong Spring and Pipeline No. 1: Sec. 1, T7S, R95W, 6th

P.M.; central collection point is 162' from N Sec. line and 850'from E Sec. line. Strong Spring and Pipeline No. 2: Sec. 1, T7S,R95W, 6th P.M.; central collection point is 337' from N Sec. Lineand 850' from E Sec. line. Both collect spring flows, seepage andother waters from above, in and around such point. Balance ofapplication remains as pled. (3 pages.)

42. 99CW115 APPLICATION FOR SURFACE WATER RIGHTS AND STORAGE WATERRIGHTS IN GARFIELD COUNTY CORRECTION OF JUNE RESUME. Name,address, telephone number of applicant: Douglas Cerise RanchCompany, c/o Robert M. Noone, P.C., P.O. Drawer 39, GlenwoodSprings, CO 81602 (970) 945-4500. All other information containedin the June Resume is correct.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day ofSEPTEMBER 1999 to file with the Water Clerk in quadruplicate averified statement of opposition setting forth facts as to why acertain application should not be granted or why it should begranted only in part or on certain conditions. A copy of suchstatement of opposition must also be served upon the applicant orthe applicant's attorney and an affidavit or certificate of suchservice shall be filed with the Water Clerk, as prescribed by Rule5, CRCP. (Filing Fee: $45.00) PEGGY JORDAN, Water Clerk, WaterDivision 5; 109 8th Street, Suite 104; Glenwood Springs, CO 81601.

***************************************************************************WATER REFEREE/MAGISTRATE for the 9th Judicial District.This full time position is responsible for investigations of theallegation of water applications and holding hearings to determine

validity of allegations. In addition, the magistrate portion ofthe job is responsible for conducting hearings, making evidentiaryrulings, findings of fact and conclusions of law with regards tocivil, domestic, probate, criminal and juvenile matters.

Applicant must possess a working familiarity of water resourcesengineering; have considerable knowledge of Colorado law with anemphasis in water law; have the ability to prepare opinions,pleadings, briefs and other legal papers and documents; and theability to make effective legal presentations.

Applicant must be an attorney licensed to practice law in Coloradowith 5 years of experience emphasizing in water law. Experience incivil litigation, domestic and juvenile law preferred.

Position is a State of Colorado employee. Salary starts at $60,000per year with generous benefits including health, dental, life,vacation and sick leave.

Cover letter and resume due at the Water Clerk's Office, 109 8thStreet, Suite 104, Glenwood Springs, CO 81601 by 5:00 p.m. onSeptember 10, 1999.