MONTROSE COUNTY. CASE NO. 2013CW58.

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1 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4 Pursuant to C.R.S , as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of May, The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest as provided in the Water Right Determination and Administration Act of 1969, or be forever barred. THERE HAS BEEN FILED IN THIS PROCEEDING A CLAIM OR CLAIMS WHICH MAY AFFECT IN PRIORITY ANY WATER RIGHT CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST AS PROVIDED IN THE WATER RIGHT DETERMINATION AND ADMINISTRATION ACT OF 1969, OR BE FOREVER BARRED. CASE NO. 2013CW57. Applicant: Brian Sutherland, P. O. Box 392, Nucla, CO Application for Surface Water Right: BDS Pump No. 1 SE1/4SW1/4 of Section 19, T46N, R15W, N.M.P.M. 4,224 feet from the north line and 1,584 feet from the west section line. Source: San Miguel River. Appropriation Date: 05/10/1998. Amount Claimed:.20 c.f.s. absolute for irrigation of 3 acres. MONTROSE COUNTY. CASE NO. 2013CW58. Applicant: Jewell Narramore, P. O. Box 73, Naturita, CO Application for Surface Water Right: Narramore Pump No. 2 NE1/4SW1/4 of Section 19, T46N, R15W, N.M.P.M. 4,488 feet from the north line and 1,716 feet from the west section line. Source: San Miguel River. Appropriation Date: 04/14/1972. Amount Claimed:.10 c.f.s. absolute for irrigation of.5 acres. MONTROSE COUNTY. CASE NO. 2013CW59 (REF NO. 06CW89, 99CW147). Applicant: Carl and Ruth Townsend, Ward Creek Road, Cedaredge, CO Application to Make Absolute Townsend Wastewater NW1/4NE1/4SE1/4 of Section 2, T13S, R95W, 6 th P.M. 2,650 feet north of the south line and 95 feet west of the east section line. Source: Gunnison River. Appropriation Date: 08/27/1999. Amount Claimed: 0.5 c.f.s. absolute for irrigation of 10 acres. The application on file with the Water Court contains an outline of the work performed during the diligence period. DELTA COUNTY. CASE NO. 2013CW60. Applicant: Joseph and Cynthia West, 10 Ridge Lane, Gunnison, CO Application for Absolute Surface Water Right: Rockin JC 2 SE1/4NW1/4 of Section 8, T48N, R4W, N.M.P.M. 1,831 feet from the north line and 2,007 feet from the west section line. Source: Pine Creek, Gunnison River. Appropriation Date: 04/01/2013. Amount Claimed;.04 c.f.s. absolute for stockwater, domestic, irrigation of 80 acres and agriculture. GUNNISON COUNTY. CASE NO. 2013CW61 (REF NO. 06CW142). Applicant: David and Jacqueline Beaulieu, 1017 Wood Crest Avenue, Safety Harbor, FL Application for Finding of Diligence: Lamborn Farms Well No. 1 SW1 /4NE1/4NW1/4 of Section 19, T14S, R91W, 6th PM, 1,848 feet east of the west line and 1056 feet south of the north section line. Source: Bell Creek and the Gunnison River. Appropriation Date: 01/01/2006. Amount Claimed: c.f.s. conditional for domestic use in one single family dwelling and irrigation of

2 0.06 acres. Lamborn Farms Well No. 2 NW1/4NE1/4NW1/4 of Section 19, T14S, R91W, 6th PM, 1,825 feet east of the west line and 650 feet south of the north section line. Source: Bell Creek and the Gunnison River. Appropriation Date: 01/01/2006. Amount Claimed: c.f.s. conditional for domestic use in one single family dwelling and irrigation of 0.06 acres. DELTA COUNTY. CASE NO. 2013CW3005. CASE NUMBER NOT USED. CASE NO. 2013CW3006 (Ref. Application of Spyglass Ranches, Inc., 06CW32). APPLICATION FOR FINDING OF DILIGENCE: Applicant: Knight & Durmas Properties, LLC, C/O John Durmas, P.O. Box 43, Whitewater, CO Attorneys for Applicant: James D. Brown of Brown & Schottelkotte, LLC, P.O. Box 43, Delta, CO (970) Description of Conditional Water Rights: 1. Spyglass Spring No. 1. SE1/4NE1/4SE1/4 of Section 13, T 49 N, R 51/2 W, N.M.P.M. approximately 1586 feet from the south line of said Section 13 and 270 feet from the east line of said Section 13, UTM coordinates: E , N for 0.05 c.f.s., CONDITIONAL, with appropriation date June 30, 1982 for domestic use to serve one cabin and stock water and to fill Spyglass Pond No Spyglass Spring No. 2. SE1/4NE1/4SE1/4 of Section 13, T 49 N, R 51/2 W, N.M.P.M. approximately 1435 feet from the south line of said Section 13 and 455 feet from the east line of said Section 13, UTM coordinates: E , N (being the midpoint between two seep springs feeding into Spyglass Pond No. 1) for 0.02 c.f.s., CONDITIONAL (0.03 c.f.s. ABSOLUTE by decree entered in Case No. 06CW32) with appropriation date June 30, 1982 for domestic to serve one cabin and stock water and fills Spyglass Pond No. 1. Source: Both structures decreed from Myers Gulch, tributary to the Gunnison River. Outline of action taken toward completion: Action taken to complete appropriation is described in application, including acquisition of special use permit from U.S. Forest Service for diversion structures on public lands and improvement made by Applicant to complete the appropriation of water and its application to beneficial use. Applicant seeks conversion of all conditional rights to ABSOLUTE. Name and Address of Owner on Which Structures Are Located: Spyglass Spring No. 2, and Spyglass Ponds No. 1 and No. 2 are located on lands of Applicant; Spyglass Spring No. 1 is located on lands administered by United States Forest Service, Gunnison National Forest, 2250 U.S. Highway 50, Delta, CO GUNNISON COUNTY. CASE NO. 2013CW3007 (Ref. No. 03CW278) Applicant: Cornerstone Metropolitan District No. 1, c/o Eric Weaver, CPA, Robertson & Marchetti, P.C., 28 Second Street, Suite 213, Edwards, CO Telephone Number: Please send all future correspondence and pleadings to Applicants counsel: Wayne F. Forman and Geoffrey M. Williamson, Brownstein Hyatt Farber Schreck, LLP, 410 Seventeenth Street, Suite 2200, Denver, Colorado , Telephone: wforman@bhfs.com and gwilliamson@bhfs.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE, in OURAY COUNTY. 2. Name of Structures: A. Cornerstone Reservoir #1. B. Cornerstone Reservoir #4. 3. Description of Conditional Water Rights: A. Original Decree: i. Date of Entry: May 22, ii. Case No.: 03CW278. iii. Court: Water Division No. 4, Montrose, Colorado. B. Legal Description of Structures: i. Cornerstone Reservoir #1: County: Ouray SW ¼ SE ¼ of Section 6, Township 46 North, Range 9 West, N.M.P.M. 800 feet from the South section line and 1737 feet from the East section line (See map attached as Exhibit A). ii. Cornerstone Reservoir #4: County: Ouray NE ¼ SW ¼ of Section 24, Township 46 North, Range 10 West, N.M.P.M feet from the South section line and 1778 feet

3 from the West section line (See map attached as Exhibit A to the Application). C. Source: i. Cornerstone Reservoir #1: West Fork Horsefly Creek, a tributary to Horsefly Creek, a tributary to the Uncompahgre River. ii. Cornerstone Reservoir #4: Cottonwood Creek, tributary to East Horsefly Creek, tributary to Horsefly Creek, tributary to the Uncompahgre River. D. Appropriation Date: i. Cornerstone Reservoir #1: December 29, ii. Cornerstone Reservoir #4: December 29, E. Amount: i. Cornerstone Reservoir #1: 220 acre feet per year, conditional. ii. Cornerstone Reservoir #4: acre feet per year, conditional. F. Uses: Both reservoirs are decreed for recreation, irrigation, domestic, municipal, piscatorial, wildlife, augmentation and exchange. 4. Work Done Toward Completion of Appropriation: Cornerstone Reservoir #4 was completed in October, 2007 at a cost of approximately $4.3 million. During the diligence period, the golf course on which water from the subject rights is to be used was also completed at a cost of approximately $14.2 million. Reservoir #4 stores water in priority under the subject water right, as well as effluent from the Cornerstone wastewater treatment plant and water provided under a contract with the Tri-County Water Conservancy District. All water stored in Reservoir #4 has been used to irrigate the golf course. Significant amounts of time and money were spent on engineering and planning for future construction of Reservoir #1 to further reduce reliance on potable water for golf course irrigation, but construction on the Reservoir has not yet begun. The economic recession of 2008 severely affected the pace of development of the project and there were not financial resources available to develop that structure. Lot sales slowed to a halt in The original developer of the Cornerstone project sold it in 2011 and since that time, the current owner has not been in a position to fund the completion of the Reservoir. The Applicant, the Cornerstone Metropolitan District No. 1, provides water to the golf course and the balance of the Cornerstone development. It has the right and obligation to operate Reservoir #4 and to exercise the subject water rights to preserve the Cornerstone development. 5. Claim to Make Absolute. A. Cornerstone Reservoir #4. During the diligence period, water was stored in priority in Cornerstone Reservoir #4 and was put to beneficial use. Specifically, during the 2009 water year, acre-feet of water from the Cottonwood Creek drainage was stored in priority in Reservoir #4. During the 2010 water year, acre feet of water was stored in priority in Reservoir #4. The Applicant claims to make absolute the full acre-feet per year of storage decreed to Cornerstone Reservoir #4, with the entire 220 acre feet per year conditional water right decreed to Cornerstone Reservoir #1 to be continued in full force and effect. 6. Names(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored including any modification to the existing storage pool: Owner of site of Cornerstone Reservoir # 1: CSPE028, LLC, 320 S. State Street #1,Orem, UT Owner of Cornerstone Reservoir # 4: Golf Club at Cornerstone, LLC, P.O. Box 1349, Huntsville, AR WHEREFORE, the Applicant requests that the Court enter a decree finding that reasonable diligence has been exercised in completing the appropriations and placing the subject conditional water rights to beneficial use, making absolute the subject right for the Cornerstone Reservoir #4 as described above and ruling that the subject conditional water right for Cornerstone Reservoir #1 remains in full force and effect. If the Court denies the request to make absolute, Applicant requests that the entirety of the subject conditional water rights be continued in full force and effect. OURAY COUNTY. CASE NO. 2013CW3008. CASE NUMBER NOT USED.

4 CASE NO. 2013CW3009 Applicant: Donald Lee Johnson In the Dolores River or its Tributaries In Mesa County. Attorney or Party Without Attorney (Name and Address): Karl F. Kumli, III, 2060 Broadway, Suite 400, Boulder, Colorado Phone Number: , FAX Number: , Atty. Reg. #: APPLICATION FOR ABSOLUTE UNDERGROUND WATER RIGHT Name of Applicant: Donald Lee Johnson; Mailing Address: County Road 36, Colorado Springs, Colorado 80487; Home Phone Number: Name of Well: Johnson Restaurant Well; Permit, Registration, or Denial Number: Location information in UTM format: UTM coordinates: Northing ; Easting; ; Zone 12. Street Address: Highway 131, Gateway, Colorado Source of UTMs (e.g., hand-held Garmin GPS): Spotted from section lines per SEO record. Accuracy of location displayed on GPS device (e.g. accurate to within 200 feet): Legal Description Using the Public Land Survey System (PLSS) Legal Description: County: Mesa NW 1/4 of the, SE 1/4, Section 15, Township 51N, Range 19W, Principal Meridian: NMPM Distance from section lines (not from property lines): 1848 Feet from South and 2270 Feet from East. Source of PLSS information: SEO Field Inspection 09/14/2001 Street Address: Highway 131, Gateway, Colorado Source of water: All unnamed Aquifers, Tributary to West Creek, Tributary to Dolores River. Depth of well, if completed: 60 feet. Date of appropriation: 12/31/1950. How appropriation was initiated: Construction of Well/Application to use. Date water applied to beneficial use: 12/31/1950. Amount claimed in gallons per minute (gpm) or cubic feet per second (cfs): Absolute 15 (gpm). Amount claimed in acre feet annually Absolute 2 (acre feet) Use or Proposed Use: Household use in one single-family dwelling and irrigation of one acre of lawn and garden. If non-irrigation, describe purpose fully. Drinking, sanitary and commercial purposes in a restaurant. Only complete if the Applicant is seeking to adjudicate an exempt well permitted pursuant to , C.R.S. Remarks: Property on which well is located and water used is owned by Applicant. Applicant seeks a determination that this well is entitled to the exemptions afforded pursuant to C.R.S (1)(c). MESA COUNTY CASE NO. 2013CW3010. Applicant: Donald Lee Johnson, In the Dolores River or its Tributaries, In Mesa County. Attorney or Party Without Attorney (Name and Address): Karl F. Kumli, III, 2060 Broadway, Suite 400, Boulder, Colorado 80302, Phone Number: , karlk@dietzedavis.com, FAX Number: , Atty. Reg. #: APPLICATION FOR ABSOLUTE UNDERGROUND WATER RIGHT. Name of Applicant: Donald Lee Johnson; Mailing Address: County Road 36, Colorado Springs, Colorado 80487; Home Phone Number: Name of Well: Johnson Homestead Well; Permit, Registration, or Denial Number: Legal description of well: Location information in UTM format: UTM coordinates Northing ; Easting; ; Zone 12. Street Address: Highway 131, Gateway, Colorado Source of UTMs (e.g., hand-held Garmin GPS): Accuracy of location displayed on GPS device (e.g. accurate to within 200 feet): Legal Description Using the Public Land Survey System (PLSS). Legal Description: County: Mesa. NW 1/4 of the, SE 1/4, Section 15, Township 51N, Range 19W, Principal Meridian: NMPM. Distance from section lines (not from property lines) 1858 Feet from South and 2265 Feet from East, Source of PLSS information: CDWR Field Inspection Report, Street Address: Highway 131, Gateway, Colorado Source of water: Groundwater tributary to West Creek and the Dolores River. Depth of well, if completed: 60 feet. Date of appropriation: 12/31/1950. How appropriation was initiated: Construction of Well and Application to beneficial use. Date water applied to beneficial use: 12/31/1950. Amount claimed in gallons per minute (gpm) or cubic feet per second (cfs): Absolute 15 (gpm)

5 Amount claimed in acre feet annually Absolute 2 (acre feet) Use or Proposed Use: Household use in one single-family dwelling and irrigation of one acre of lawn and garden. If irrigation, complete the following: Number of acres historically irrigated 1 acre, proposed to be irrigated 1 acre. Legal description of acreage. Acreage is in the NW1/4, SE1/4, T51N, R19W NWPM. If non-irrigation, describe purpose fully. Household use. Only complete if the Applicant is seeking to adjudicate an exempt well permitted pursuant to , C.R.S. Number of single-family dwellings served: 1, Area of lawns and gardens irrigated: 1 acres. Domestic animals watering: Yes. Remarks: Well and land where water is used are owned by Applicant. Applicant seeks a determination that this well is entitled to the exemptions afforded pursuant to C.R.S (1)(b). MESA COUNTY. CASE NO. 2013CW3011. Complaint. This is a complaint to quiet title to a specific undivided interest in the Virginia Ditch, located in Montrose County. A copy of the complaint is on file with the Water Court. No publication is required in this case. The case is simply being listed in the resume to account for the case number in consecutive order. MONTROSE COUNTY. CASE NO. 13CW3012. Applicant: Bear Ranch LLC. C/O Patrick, Miller, Kropf & Noto, P.C., Paul Noto, Esq. and Danielle L. Van Arsdale, Esq Prospector Road, Suite 2104A, Aspen, CO 81611, (970) , noto@waterlaw.com. Application for Surface Water Rights, Storage Water Rights, Plan for Augmentation Including Exchange, and Change of Water Right. First Claim: Name of structure: Filmore Ditch, Bear Ranch Second Enlargement. Legal description: The NW ¼, NW ¼, Section 25, T 12 South, R 89 West, 6 th P.M., 126 feet from the North section line and 309 feet from the West section line (Gunnison County). See map titled Figure 1 on file with the court. Sources: Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, and local runoff captured by the ditch. Date of Appropriation: September 27, How appropriation was initiated: Field inspection and formulation of intent to appropriate and apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed: 1.20 c.f.s., conditional. Uses or proposed uses: To fill, provide freshening flows, and replace evaporative losses from the Gun Range Pond Nos. 1-7 for subsequent irrigation, aesthetic, recreational, piscatorial, wildlife propagation, municipal, and fire protection purposes. The name and address of owner of the land upon which diversion structure is located: The headgate is located upon land owned by the United States Forest Service, Paonia Ranger District, P.O. Box 1030, Paonia, CO Remarks: Applicant will divert the Filmore Ditch, Bear Ranch Second Enlargement water right only when the senior Filmore Ditch water rights are out-of-priority or are not operating under the exchange agreement between the United States Bureau of Reclamation, the North Fork Water Conservancy District, and the Ragged Mountain Water Users Association (the exchange agreement can be found in the decree in Case No. 05CW236, Division 4 Water Court). Second Claim: Name of structure: Mike Bear Tailwater Ditch, First Enlargement. Legal description: The NE ¼, SW ¼, Section 35, T 12 South, R 89 West, 6 th P.M., 2,554 feet from the South section line and 1,915 feet from the West section line (Gunnison County). See map titled Figure 1 on file with the court. Sources: Tailwater from irrigation under the Filmore Ditch, which diverts from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, as well as local runoff captured by the ditch. Date of Appropriation: September 27, How appropriation was initiated: Field inspection and formulation of intent to appropriate and apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed: 1.20 c.f.s., conditional. Uses or proposed uses: To fill, provide freshening flows, and replace

6 evaporative losses from the Gun Range Pond Nos. 1-7 for subsequent irrigation, aesthetic, recreational, piscatorial, wildlife propagation, municipal, and fire protection purposes. The name and address of owner of the land upon which any diversion structure is located: Applicant. Third Claim: Name of reservoirs: Gun Range Pond Nos Legal descriptions: Gun Range Pond No. 1: The SW ¼ of the SE ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 543 feet from the South section line and 2,161 feet from the East section line. Gun Range Pond No. 2: The SW ¼ of the SE ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 704 feet from the South section line and 1,736 feet from the East section line. Gun Range Pond No. 3: The SW ¼ of the SE ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 847 feet from the South section line and 1,543 feet from the East section line. Gun Range Pond No. 4: The SW ¼ of the SE ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 421 feet from the South section line and 1,655 feet from the East section line. Gun Range Pond No. 5: The SE ¼ of the SE ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 751 feet from the South section line and 1,045 feet from the East section line. Gun Range Pond No. 6: The SE ¼ of the SE ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 1,097 feet from the South section line and 1,243 feet from the East section line. Gun Range Pond No. 7: The SW ¼ of the SE ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 332 feet from the South section line and 1,389 feet from the East section line. (Gunnison County). Maps showing the location of the reservoirs are on file with the court. Sources: Deep Creek and tailwater from irrigation under the Filmore Ditch, which diverts from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, as well as surface runoff tributary to the ponds. Name and legal description of ditches used to fill reservoirs: At times when the senior Filmore Ditch water rights are in priority or are operating under the exchange decreed in Case No. 05CW236, Division 4 Water Court, the Gun Range Pond Nos. 1-7 will fill from: (1) irrigation tailwater from the Filmore Ditch diverted at the Mike Bear Tailwater Ditch, First Enlargement at a rate of up to 1.20 c.f.s.; (2) irrigation tailwater from the Filmore Ditch directly tributary to the ponds; and (3) tributary runoff. The point of diversion is shown on the map on file with the court. At times when the senior Filmore Ditch water rights are out of priority or are not operating under the exchange decreed in Case No. 05CW236, Division 4 Water Court, the Gun Range Pond Nos. 1-7 will fill from: (1) direct diversions from the Filmore Ditch, Bear Ranch Second Enlargement at a rate of up to 1.20 c.f.s.; and (2) tributary runoff. Date of Appropriation: September 27, How appropriation was initiated: Field inspection, survey, and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Amounts claimed: Gun Range Pond No. 1: 2.48 acre-feet (AF), conditional. Gun Range Pond No. 2: 2.49 AF, conditional. Gun Range Pond No. 3: 5.07 AF, conditional. Gun Range Pond No. 4: 0.50 AF, conditional. Gun Range Pond No. 5: 0.77 AF, conditional. Gun Range Pond No. 6: AF, conditional. Gun Range Pond No. 7: AF, conditional. Uses: Irrigation, aesthetic, recreational, piscatorial, wildlife propagation, fire protection and municipal purposes on Applicant Bear Ranch LLC s property. The reservoir locations are shown on the maps on file with the court. Surface areas of high water lines: Gun Range Pond No. 1: 0.44 acre. Gun Range Pond No. 2: 0.51 acre. Gun Range Pond No. 3: 0.66 acre. Gun Range Pond No. 4: 0.14 acre. Gun Range Pond No. 5: 0.20 acre. Gun Range Pond No. 6: 0.07 acre. Gun Range Pond No. 7: 0.17 acre. Maximum height of dam in feet: Less than 10 feet. Length of dam: Approximately 135 feet. The name and address of owner of the land upon which any new storage structure is located, or upon which water is or will be stored: Applicant. Remarks: Applicant will fill the Gun Range Pond Nos. 1-7 with

7 water from the Filmore Ditch, Bear Ranch Second Enlargement water right only when the senior Filmore Ditch water rights are out-of-priority or are not operating under the exchange agreement between the United States Bureau of Reclamation, the North Fork Water Conservancy District, and the Ragged Mountain Water Users Association (the exchange agreement can be found in the decree in Case No. 05CW236, Division 4 Water Court). Fourth Claim: Name of reservoir: Pearl Pond. Legal description of the centerline of the reservoir dam: The SE ¼, NW ¼ of Section 11, T 13 South, R 89 West, 6 th P.M., 2,151 feet from the North section line and 1,674 feet from the East section line. (Gunnison County). The location of the reservoir is shown on the map titled Figure 2 on file with the court. Sources: Anthracite Creek, a tributary of the North Fork of the Gunnison River, and surface runoff tributary to the pond. Name and legal description of ditch used to fill reservoir: Water diverted through the Frey Ditch at a rate of up to 3.0 c.f.s. The decreed location of the Frey Ditch is located in the NW ¼ of the NE ¼ of Section 11, Township 13 South, Range 89 West of the 6 th P.M., at a distance of 746 feet from the North section line and 2,116 feet from the East section line (Gunnison County). The point of diversion is shown on the map on file with the court. Date of Appropriation: May 27, How appropriation was initiated: Field inspection, survey, and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed/total capacity of reservoir: 30.7 acre-feet, conditional. Uses: Irrigation, aesthetic, recreational, piscatorial, wildlife propagation, fire protection, and augmentation purposes. Surface area of high water line: 2.62 acres. The name and address of owner of the land upon which any new storage structure is located: Dark Canyon Meadow, LLC, 1601 Forum Place, Suite 1400, West Palm Beach, FL, Remarks: Pearl Pond is a component part of an integrated water supply for Applicant s property. Fifth Claim: For Approval of Plan for Augmentation. Names of structures to be augmented: Gun Range Pond Nos Bear Ranch Pond System Pond Nos Original decree: Case No. 09CW78, Division 4 Water Court, December 31, Legal descriptions: Bear Ranch Pond System Pond No. 1: The NE ¼, SW ¼, Section 35, T 12 South, R 89 West, 6 th P.M., 1,458 feet from the South section line and 1,677 feet from the West section line. Bear Ranch Pond System Pond No. 2: The NE ¼, SW ¼, Section 35, T 12 South, R 89 West, 6 th P.M., 1,397 feet from the South section line and 2,249 feet from the West section line. Bear Ranch Pond System Pond No. 3: The NW ¼, SE ¼, Section 35, T 12 South, R 89 West, 6 th P.M., 1,493 feet from the South section line and 2,591 feet from the East section line. Bear Ranch Pond System Pond No. 4: The NW ¼, SE ¼, Section 35, T 12 South, R 89 West, 6 th P.M., 1,598 feet from the South section line and 2,203 feet from the East section line. Bear Ranch Pond System Pond No. 5: The NW ¼, SE ¼, Section 35, T 12 South, R 89 West, 6 th P.M., 1,583 feet from the South section line and 1,917 feet from the East section line. (Gunnison County). A map of the pond system is titled Figure 3 and is on file with the court. Date of Appropriation: June 1, Amounts: Bear Ranch Pond System Pond No. 1: 2.85 acre-feet, conditional. Bear Ranch Pond System Pond No. 2: 1.65 acre-feet, conditional. Bear Ranch Pond System Pond No. 3: 1.65 acre-feet, conditional. Bear Ranch Pond System Pond No. 4: 2.85 acre-feet, conditional. Bear Ranch Pond System Pond No. 5: 0.9 acre-foot, conditional. Sources: Deep Creek and irrigation tailwater under the Filmore Ditch, which diverts from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, as well as surface runoff tributary to the pond system. At times when the senior Filmore Ditch water rights are out-of-priority or are not operating under the exchange agreement between the United States Bureau of Reclamation, the North Fork Water Conservancy District, and the Ragged Mountain Water Users Association (see the decree in Case No. 05CW236, Division 4 Water Court), Applicant fills, provides freshening flows to, and replaces evaporative losses from the Bear Ranch Pond System Pond Nos. 1-5 with

8 direct diversions from Deep Creek via the Filmore Ditch, Bear Ranch Enlargement surface water right. Uses: Piscatorial and recreation. Upper Bear Pond Nos. 1 and 2. Original decree: Case No. 09CW78, Division 4 Water Court, December 31, Legal descriptions: Upper Bear Pond No. 1: The SE ¼ of the SW ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 223 feet from the South section line and 1,744 feet from the West section line. Upper Bear Pond No. 2: The SE ¼ of the SW ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 509 feet from the South section line and 1,759 feet from the West section line. (Gunnison County). A map of the ponds is titled Figure 3 and is on file with the court. Date of Appropriation: June 1, Amounts: Upper Bear Pond No. 1: 0.6 acrefoot, conditional. Upper Bear Pond No. 2: 1.2 acre-feet, conditional. Sources: Deep Creek and irrigation tailwater under the Filmore Ditch, which diverts from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, as well as surface runoff tributary to the ponds. At times when the senior Filmore Ditch water rights are out-of-priority or are not operating under the exchange agreement between the United States Bureau of Reclamation, the North Fork Water Conservancy District, and the Ragged Mountain Water Users Association (see the decree in Case No. 05CW236, Division 4 Water Court), Applicant fills, provides freshening flows to, and replaces evaporative losses from the Upper Bear Pond Nos. 1 and 2 with direct diversions from Deep Creek via the Filmore Ditch, Bear Ranch Enlargement surface water right. Uses: Piscatorial and recreation. L Ranch Pond No. 6 Enlargement. Original decree: Case No. 09CW78, Division 4 Water Court, December 31, Legal description of the centerline of the reservoir dam: The SE ¼, SW ¼, Section 35, T 12 South, Range 89 West, 6 th P.M., 669 feet from the South section line and 1,476 feet from the West section line (Gunnison County). A map of the pond is on file with the court. Date of Appropriation: September 1, Amount: 3.8 acre-feet, absolute. Sources: Deep Creek and irrigation tailwater under the Filmore Ditch, which diverts from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, as well as surface runoff tributary to the pond. At times when the senior Filmore Ditch water rights are outof-priority or are not operating under the exchange agreement between the United States Bureau of Reclamation, the North Fork Water Conservancy District, and the Ragged Mountain Water Users Association (see the decree in Case No. 05CW236, Division 4 Water Court), Applicant fills, provides freshening flows to, and replaces evaporative losses from the L Ranch Pond No. 6 Enlargement with direct diversions from Deep Creek via the Filmore Ditch, Bear Ranch Enlargement surface water right. Uses: Piscatorial and recreation. Lower Bear Pond. Original decree: Case No. 09CW78, Division 4 Water Court, December 31, Legal description: The SE ¼, SW ¼, Section 35, T 12 South, R 89 West, 6 th P.M., 705 feet from the South section line and 1,333 feet from the West section line (Gunnison County). A map of the pond is on file with the court. Date of Appropriation: June 1, Amount: 0.25 acre-foot, conditional. Sources: Deep Creek and irrigation tailwater under the Filmore Ditch, which diverts from Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River, as well as surface runoff tributary to the pond. At times when the senior Filmore Ditch water rights are out-of-priority or are not operating under the exchange agreement between the United States Bureau of Reclamation, the North Fork Water Conservancy District, and the Ragged Mountain Water Users Association (see the decree in Case No. 05CW236, Division 4 Water Court), Applicant fills, provides freshening flows to, and replaces evaporative losses from the Lower Bear Pond with direct diversions from Deep Creek via the Filmore Ditch, Bear Ranch Enlargement surface water right. Uses: Piscatorial and recreation. Town Well Nos Original decree: Case No. 10CW117, Division 4 Water Court, December 31, Legal descriptions of wells: Town Well No.

9 1: The SE ¼ of the SW ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 484 feet from the South section line and 2,196 feet from the West section line. Town Well No. 2: The SE ¼ of the SW ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 283 feet from the South section line and 1,897 feet from the West section line. Town Well No. 3: The SE ¼ of the SW ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 561 feet from the South section line and 1,754 feet from the West section line. (Gunnison County). A map of the wells is titled Figure 3 and is on file with the court. Dates of Appropriation: Town Well No. 1: September 27, Town Well No. 2: October 31, Town Well No. 3: April 9, Amount: 15.0 g.p.m. (0.033 c.f.s.) each, conditional. Source: Groundwater tributary to Deep Creek, a tributary of Muddy Creek and the North Fork of the Gunnison River. Uses: Domestic use in 10 EQRs, stockwater, fire protection, and irrigation. Crystal Meadows Pond No. 1. Original decree: Case No. 93CW08, Division 4 Water Court, December 31, Decreed legal description of the reservoir outlet: The SW ¼ of the NE ¼ of Section 8, Township 13 South, Range 89 West of the 6 th P.M., at a distance of 2,500 feet from the North section line and 1,400 feet from the East section line (Gunnison County). Date of Appropriation: January 26, Amount: 5.1 acre-feet, absolute. Source: Anthracite Creek, a tributary of the North Fork of the Gunnison River. Uses: Fish culture, stockwater, and fire protection. Wells constructed under well permit nos F and 2496-F (the Crystal Meadows Wells ). Water right to be used for augmentation: Pearl Pond, described in the Third Claim above. Complete statement of plan for augmentation: Background. Applicant claims this plan for augmentation to augment out-of-priority evaporation depletions from the new Gun Range Pond Nos Applicant also claims this plan to provide a supplemental source of augmentation water- the Pearl Pond- for previously augmented water rights; namely, the Bear Ranch Pond System Pond Nos. 1-5, Upper Bear Pond Nos. 1 and 2, L Ranch Pond No. 6 Enlargement, Lower Bear Pond, Town Well Nos. 1-3, Crystal Meadows Pond No. 1, and the Crystal Meadows Wells. Applicant seeks to obtain this alternative augmentation source and plan to allow for additional flexibility and reliability in the augmentation needs for the augmented water rights. Gun Range Pond Nos Per this Application, Applicant is claiming conditional water rights for the Gun Range Pond Nos. 1-7 for irrigation, aesthetic, recreational, piscatorial, wildlife propagation, fire protection and municipal uses. Evaporation from the ponds will result in out-of-priority depletions unless augmented. This plan quantifies the depletions from pond evaporation and the amount of replacement water necessary to prevent injury to vested water rights. Applicant will fill the Gun Range Pond Nos. 1-7 at the beginning of irrigation season each spring with irrigation tailwater from the Filmore Ditch that diverts at the Mike Bear Tailwater Ditch, First Enlargement and irrigation tailwater that is tributary to the ponds, as well as with local runoff. This tailwater historically accrued to Deep Creek. The Gun Range Pond Nos. 1-7 and the Mike Bear Tailwater Ditch, First Enlargement will typically go out-of-priority in early July of each year, and will remain out-of-priority through mid- September due to calls from senior irrigation rights located downstream on the North Fork of the Gunnison River. The call period could further be extended by a call from the Redlands Power Canal located on the Gunnison River mainstem near Grand Junction. Applicant has therefore conservatively estimated an annual call period that runs from June 15 through October 31. Applicant will augment out-of-priority evaporation depletions from the Gun Range Pond Nos. 1-7 with releases of water stored in priority in the Pearl Pond, by exchange, as follows: At times when the senior Filmore Ditch water rights are operating in priority or under the exchange agreement between the United States Bureau of Reclamation, the North Fork Water Conservancy District, and the Ragged Mountain Water Users Association (see the decree in Case No. 05CW236,

10 Division 4 Water Court), Applicant will fill and top off the Gun Range Ponds with irrigation tailwater from the Filmore Ditch that diverts at the Mike Bear Tailwater Ditch, First Enlargement and irrigation tailwater that is tributary to the ponds, as well as with local runoff. This water will be used to fill, freshen, and replace evaporative losses from the ponds. Applicant will replace all out-of-priority evaporation depletions from the Gun Range Ponds with releases from Pearl Pond according to the schedule of releases shown on Tables 3 and 4 which are on file with the court. At times when the senior Filmore Ditch water rights and all other ditches on Deep Creek senior to the Filmore Ditch, Bear Ranch Second Enlargement are out-of-priority or are not operating under the exchange agreement between the United States Bureau of Reclamation, the North Fork Water Conservancy District, and the Ragged Mountain Water Users Association, and at times occurring outside of the irrigation season, Applicant will top off the ponds with water diverted under the Filmore Ditch, Bear Ranch Second Enlargement. This water will be used to freshen and replace evaporative losses from the ponds. Applicant will avoid injury to the senior Filmore Ditch water rights by refraining from diverting the junior enlargement right when the senior rights are operating. Applicant will replace all out-ofpriority evaporation depletions with releases from Pearl Pond according to the schedule of releases shown on Tables 3 and 4 which are on file with the court. The monthly evaporation depletions for the Gun Range Pond Nos. 1-7 are summarized in Table 1 (on file with the court), and calculated at acre-feet per year. The monthly dry year augmentation releases out of Pearl Pond for the Gun Range Pond Nos. 1-7 are shown on Tables 3 and 4 (on file with the court). At times when the Gun Range Pond Nos. 1-7 are out-of-priority, Applicant will curtail all out of priority irrigation and municipal uses out of the ponds and those uses will be limited to water previously stored in priority. Crystal Meadows Pond No. 1 and Crystal Meadows Wells. The Division 4 Water Court decreed the Crystal Meadows Pond No. 1 in Case No. 93CW08 for fish culture, stockwater, and fire protection purposes. The 93CW08 decree includes a plan for augmentation that replaces out-of-priority depletions occurring at the Crystal Meadows Pond No. 1, the Crystal Meadows Wells, and other water rights with releases from the Mary Kay Pond No. 2 storage water right. The plan for augmentation applied for in this case replaces the 93CW08 plan for the following uses: augmentation of evaporation for the Crystal Meadows Pond No. 1 and augmentation of domestic and fire protection uses (not irrigation) from the Crystal Meadows Wells. Applicant estimates an annual call period running from June 15 through October 31. Applicant will augment depletions from Crystal Meadows Pond No. 1 and the Crystal Meadows Wells with water released from Pearl Pond according to the schedule of releases shown on attached Tables 3 and 4 (on file with the court). The monthly evaporation depletions for the pond are summarized in Table 2 (on file with the court), and are calculated at acre-feet per year. The monthly dry year augmentation releases out of Pearl Pond for the Crystal Meadows Pond No. 1 and the Crystal Meadows Wells are shown on Tables 3 and 4 (on file with the court). The Bear Ranch Ponds. The Division 4 Water Court decreed the Bear Ranch Pond System Pond Nos. 1-5, Upper Bear Pond Nos. 1 and 2, L Ranch Pond No. 6 Enlargement, and Lower Bear Pond water rights (collectively the Bear Ranch Ponds ) in Case No. 09CW78 for piscatorial and recreational purposes. The 09CW78 decree includes a plan for augmentation that replaces out-of-priority depletions occurring at the ponds with releases from the Williams Creek Lake Reservoir Augmentation Enlargement storage water right. The plan for augmentation applied for in this Application will serve as a supplemental plan for augmentation for the Bear Ranch Ponds. It provides for the full replacement of out-of-priority evaporation depletions from the ponds with releases of water stored in priority in Pearl Pond, by exchange. This will enable Applicant to alternatively release required augmentation water out of Pearl Pond and/or the Williams

11 Creek Lake Reservoir Augmentation Enlargement at its discretion, with prior consultation and coordination with the water commissioner. The monthly dry year augmentation releases out of Pearl Pond for the Bear Ranch Ponds are shown on Table 4 (on file with the court), and are identical to the schedule of releases out of the Williams Creek Lake Reservoir Augmentation Enlargement for the ponds in Table 6 of the 09CW78 decree. Town Well Nos The Division 4 Water Court decreed the Town Well Nos. 1-3 in Case No. 10CW117 for domestic use in 10 EQRs, stockwater, fire protection, and irrigation. The 10CW117 decree includes a plan for augmentation that replaces out-ofpriority depletions occurring at the wells with releases from the Williams Creek Lake Reservoir, Second Augmentation Enlargement storage water right. The plan for augmentation applied for in this Application will serve as a supplemental plan for augmentation for the wells. It provides for the full replacement of out-of-priority domestic, stock, and irrigation consumptive use depletions from the wells with releases of water stored in priority in Pearl Pond, by exchange. This will enable Applicant to alternatively release augmentation water out of Pearl Pond and/or the Williams Creek Lake Reservoir, Second Augmentation Enlargement at its discretion, with prior consultation and coordination with the water commissioner. The monthly dry year augmentation releases out of Pearl Pond for the Town Wells are shown on Table 4 (on file with the court), and are identical to the schedule of releases out of the Williams Creek Lake Reservoir, Second Augmentation Enlargement for the wells in Table 7 of the 10CW117 decree. Totals: The total release requirements out of Pearl Pond to replace the out-ofpriority depletions from the Gun Range Pond Nos. 1-7, the Crystal Meadows Pond No. 1, the Crystal Meadows Wells, the Bear Ranch Ponds, the Town Wells, and Pearl Pond administration are provided in the schedule of releases shown on Table 4 (on file with the court). The required releases are calculated to be acre-feet per year. At times when Pearl Pond is out-of-priority, Applicant will lower the pond commensurate with releases and its own evaporation. Sixth Claim: Name of structure: Pearl Pond Exchange. Location: Lower Terminus: The confluence of Anthracite Creek and the North Fork of the Gunnison River, located in the NE ¼ of the NW ¼ of Section 8, Township 13 South, Range 89 West of the 6 th P.M., at a distance of 1,092 feet from the North section line and 2,344 feet from the West section line. Upper Termini: The headgate of the Filmore Ditch, located in the NW ¼ of the NW ¼ of Section 25, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 126 feet from the North section line and 309 feet from the West section line. The headgate of the Mike Bear Tailwater Ditch, located in the NE ¼ of the SW ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 2,554 feet from the South section line and 1,915 feet from the West section line. The point where depletions from the Town Well Nos. 1-3 accrue to an unnamed tributary of Deep Creek, located in the SE ¼ of the SW ¼ of Section 35, Township 12 South, Range 89 West of the 6 th P.M., at a distance of 484 feet from the South section line and 2,196 feet from the West section line. (Gunnison County). The upper and lower termini of the exchange reaches are shown on the maps titled Figures 1 through 4 which are on file with the court. Source: Water stored in Pearl Pond, described in the Fourth Claim above. Date of appropriation: November 15, How appropriation was initiated: Field inspection, survey, and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Rate: 1.22 c.f.s. (1.20 c.f.s. from Diversion Amount Reach as explained below plus 0.02 c.f.s. from 10CW117 depletions). Volume: acre-feet. Use: Exchange of water pursuant to the plan for augmentation claimed herein. Plan of operation: The plan for augmentation applied for herein includes an appropriative right of exchange of the augmentation water released from Pearl Pond, extending from the confluence of Anthracite Creek and the North Fork of the Gunnison River up to the headgates of the Filmore Ditch, the Mike Bear Tailwater

12 Ditch, and the points of depletion of the Town Well Nos Applicant has broken down the Pearl Pond exchange into two different reaches as it pertains to the ponds, as follows: Scenario 1, the Depletion Amount Reach. When the Gun Range Pond Nos. 1-7 and the Bear Ranch Ponds are filling with irrigation tailwater from the Filmore Ditch that diverts at the Mike Bear Tailwater Ditch, First Enlargement and water that is directly tributary to the ponds, the exchange will operate from the confluence of Anthracite Creek and the North Fork of the Gunnison River up to point of diversion for the Mike Bear Tail Water Ditch. The exchange rate will be the peak monthly evaporation depletion rate. Scenario 2, the Diversion Amount Reach. When the Gun Range Pond Nos. 1-7 and the Bear Ranch Ponds are filling under the Filmore Ditch, Bear Ranch Second Enlargement, the exchange will operate from the confluence of Anthracite Creek and the North Fork of the Gunnison River up to point of diversion for the Filmore Ditch. The exchange rate below the point where return flows from the ponds accrue to Deep Creek will be the peak monthly evaporation depletion rate. The exchange rate above the point where return flows from the ponds accrue to Deep Creek up to the Filmore Ditch headgate will be the Filmore Ditch, Bear Ranch Enlargement and Filmore Ditch, Bear Ranch Second Enlargement diversion rate. The exchange reach as it pertains to the Town Well Nos. 1-3 will operate from the confluence of Anthracite Creek and the North Fork of the Gunnison River up to the point where depletions from the wells accrue to Deep Creek. The rate of exchange will be the peak monthly consumptive use depletion rate. Applicant will operate the Pearl Pond Exchange in priority. The Pearl Pond Exchange is a component part of an integrated water supply plan for Applicant s property. Seventh Claim: For Change of Water Right. Name of structure: Crystal Meadows Pond No. 1. Original decree: Case No. 93CW08, Division 4 Water Court, December 31, Legal description of the reservoir outlet: The SW ¼ of the NE ¼ of Section 8, Township 13 South, Range 89 West of the 6 th P.M., at a distance of 2,500 feet from the North section line and 1,400 feet from the East section line (Gunnison County). Name and legal description of ditch used to fill reservoir: The Berg Ditch. The PLSS legal description of the Berg Ditch headgate is the NE ¼ of the SE ¼ of Section 8, Township 13 South, Range 89 West of the 6 th P.M., at a distance of 1,842 feet from the South section line and 243 feet from the East section line. The headgate is shown on the map on file with the court. Date of Appropriation: January 26, Amount: 5.1 acre-feet, absolute. Source: Anthracite Creek, a tributary of the North Fork of the Gunnison River. Uses: Fish culture, stockwater, and fire protection. Surface area of high water line: 1.0 acre. Description of change: Applicant requests this change to conform the decreed location of the pond to the actual location. Applicant requests a change in the place of storage for 5.1 acre-feet decreed to the Crystal Meadows Pond No. 1 to a site more than 200 feet from the original decreed location. The new place of storage is located in the NE ¼ of the SE ¼ of Section 8, Township 13 South, Range 89 West of the 6 th P.M., at a distance of 2,510 feet from the South section line and 1,200 feet from the East section line (Gunnison County). A map of the pond is on file with the court. The name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant Bear Ranch LLC and the United States Forest Service, Paonia Ranger District, P.O. Box 1030, Paonia, CO GUNNISON COUNTY. AMENDED/CORRECTED: CASE NO. 2013CW2. Applicant: Joseph and Cynthia West, 10 Ridge Lane, Gunnison, CO Application for Change of Water Right: Spring of 95 decreed location: South 38 degrees East feet from the Northwest corner of Section 8, T48N,

13 R4W, N.M.P.M. Source: Gunnison River. Decreed amount -.04 c.f.s. absolute for domestic and stockwater. Appropriation Date: 08/29/1995. Proposed Change:.14 c.f.s. for domestic, stockwater, irrigation and agriculture. This was vacant property that previous owner, Zack Martin piped the water and had been irrigating the meadows on his property from the beginning, before and after the Court granted absolute rights. GUNNISON COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of July, 2013 to file with the Water Clerk, in duplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $158.00; Forms may be obtained from the Water Clerk s Office or on our website at DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401