CASE NO. 2016CW13 (REF NO. 01CW230).

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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 March, 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. CASE NO. 2016CW13 (REF NO. 01CW230). Applicant: Roger Rolfe, 3069 Oak Creek Drive N., Clearwater, FL Application To Make Absolute: Clearwater Spring NW1/4SW1/4 of Section 31, T47N, T6W, N.M.P.M. 1,898 feet from the south line and 601 feet from the west section line. Source: Big Cimarron River. Appropriation Date: 02/28/2001. Amount Claimed:.033 c.f.s. absolute for domestic use in 1 single-family residence, stockwater and irrigation of 20 acres. The application on file with the Water Court contains an outline of the work performed during the diligence period. GUNNISON COUNTY. CASE NO. 2016CW14. Applicant: George and Karen Hamm, 924 Cedar Drive, Hotchkiss, CO Application for Absolute Surface Water Right: H.S. Johnson Ditch NW1/4NW1/4 of Section 19, T14S, R92W, 6 th P.M. 1,327 feet from the north line and 49 feet from the west section line. Source: North Fork Gunnison River, Gunnison River. Appropriation Date: 04/15/2010. Amount Claimed: 0.15 c.f.s. absolute for irrigation of 6 acres. DELTA COUNTY. CASE NO. 2016CW15. Applicant: Jeremy and Sheri Miller, P. O. Box 223, Whitewater, CO Application for Conditional Storage Water Right. 4M Reservoir SE1/4NW1/4 of Section 11, T2S, R1E, Ute P.M. 2,273 feet from the north line and 2,271 feet from the west section line. Source: Gunnison River. Appropriation Date: 02/16/2016. Amount Claimed: 2 acre-feet conditional for landscape, garden and pasture irrigation and stockwater for small livestock. MESA COUNTY. CASE NO. 2016CW16 (REF NO. 01CW195). Applicant: Andrew and Ann Moffat, P. O. Box 6161, Mohave Valley, AZ Application for Finding of Reasonable Diligence: Moffat Spring SE1/4NE1/4SW1/4 of Section 22, T15S, R95W, 6 th P.M. 2,640 feet west of the east line and 1,425 feet north of the south section line. Source: Uncompahgre River. Appropriation Date: 09/24/2001. Amount Claimed:.50 c.f.s. conditional for irrigation of 20 acres. The application on file with the Water Court contains and outline of the work performed during the diligence period. DELTA COUNTY. CASE NO. 2016CW17. Applicant: Richard and Judy Disner, Surface Creek Road, Cedaredge, CO Application for Absolute Surface Right: Reed Ditch SW1/4SE1/4 of Section 34, T12S, R94W, 6 th P.M. 87 feet from the south line and 1,381 feet from the west section line. Source: Milk Creek, Surface Creek, Gunnison River. Appropriation Date: 04/02/1910. Amount Claimed:.25 c.f.s. absolute for irrigation of 10 acres. DELTA COUNTY.

2 CASE NO. 2016CW18 (REL 06CW42). Applicant: George and Lisa Bartlett, P. O. Box 815, Rancho Santa Fe, CA Application for Finding of Reasonable Diligence: Bartlett Ditch No. 2 SW1/4NW1/4SW1/4 of Section 20, T13S, R88W, 6 th P.M. 1,430 feet from the south line and 520 feet from the west section line. Source: Grouse Creek, Snowshoe Creek, Anthracite Creek, North Fork of the Gunnison River, Gunnison River. Appropriation Date: 10/13/2005. Amount Claimed: 0.10 c.f.s. for inhouse domestic use in three single-family dwellings and stockwater. The application on file with the Water Court contains and outline of the work performed during the diligence period. GUNNISON COUNTY. CASE NO. 2016CW19. Robert and Nancy Fischer, Cedar Mesa Road, Cedaredge, CO Application for Conditional Surface Water Right. Fischer Pump and Pipeline SW1/4SW1/4 of Section 25, T13S, R94W, 6 th P.M. 1,165 feet from the south line and 752 feet from the west section line. Source: Dry Creek, Gunnison River. Appropriation Date: 03/17/2016. Amount Claimed: 0.10 c.f.s. conditional for irrigation of 4 acres. DELTA COUNTY. CASE NO. 2016CW20 (REF NO. 12CW50). Applicant: Garth Cooke, P. O. Box 95, Warne, NC Application to Make Absolute: Iris No. 2 Spring - SE1/4SE1/4SW1/4 of Section 14, T48N, R1E, NMPM. 625 feet from the south line and 2,416 feet from the west section line. Source: Tomichi Creek and the Gunnison River. Appropriation Date: May 01, Amount Claimed: 5 g.p.m. absolute for domestic use in one single-family dwelling, irrigation of one acre and stockwater. The Application on file with the Water Court contains and outline of the work performed during the diligence period. SAGUACHE COUNTY. CASE NO. 2016CW21 (REF NO. 09CW29). Applicant: Tim Erdman, 11 Nimbus Drive, Telluride, CO Application to Make Absolute: Big Cat Springs, Erdman Diversion - NE1/4NW1/4 of Section 32, Township 43 North, Range 9 West of the N.M.P.M. 715 feet from the north line and 2,800 feet the east section line. Source: San Miguel River. Appropriation Date: 03/11/2009. Amount Claimed: 0.05 c.f.s. absolute for irrigation of 2 acres and fire protection. The application on file with the Water Court contains an outline of the work performed during the diligence period. SAN MIGUEL COUNTY. CASE NO. 2016CW22 (REF NO. 94CW136, 94CW137). Applicant: Jack and Karen Perrin, 131 Carlitos Avenue, Grand Junction, CO Application to Make Absolute: Perrin Springs No. 1 and 2 Spring No. 1 is located 600 feet north of the south line and 2,400 feet west of the east section line. Spring No. 2 is located 800 feet north of the south line and 2,400 feet west of the east section line. Both Springs are in Section 22, T48N, R6W, N.M.P.M. Source: Gunnison River. Appropriation Date: 08/11/1994. Amount Claimed.35 c.f.s. absolute for both springs for domestic, irrigation of 15 acres and stockwatering purposes. Total diverted from either or both springs does not exceed.35 c.f.s. Lee Hawks Waste Water Ditch Section 27, T48N, R6W, N.M.P.M. 660 feet south of the north line and 1,320 feet west of the east section line. Source: Little Cimarron River and the Gunnison River. Appropriation Date: 08/11/1994. Amount Claimed:.75 c.f.s. absolute for irrigation of 30 acres. The application on file with the Water Court contains an outline of the work performed during the diligence period. MONTROSE COUNTY.

3 CASE NO. 2016CW23. Applicant: Earl Eldredge, Campbell Road, Hotchkiss, CO Application for Absolute Surface Water Right: The Spring Ditch - SE1/4SE1/4SE1/4 of Section 9, T14S, R92W, 6 th P.M. 33 feet from the south line and 1,089 feet from the east section line. Source: North Fork of the Gunnison River and the Gunnison River. Appropriation Date: 04/01/1977. Amount Claimed: 2.00 c.f.s. absolute for irrigation of 42 acres, stockwater and to fill pond. DELTA COUNTY. CASE NO. 2016CW24. Applicant: Donna Ferrier, 440 Maple Drive., Hotchkiss, CO Georgia Ann Wingfield, 448 Maple Drive, Hotchkiss, CO 81419: Application for Absolute Surface Water Right: H.S. Johnson Ditch SW1/4NW1/4 of Section 19, T14S, R92W, 6 th P.M. Source: North Fork of the Gunnison River and the Gunnison River. Appropriation Date: 04/15/1961. Amount Claimed: 0.15 c.f.s. absolute for Irrigation of 6 acres. DELTA COUNTY. 2016CW3011 (REF NO. 12CW131). OURAY COUNTY 1. Norma Joan Bartling, 1339 Stratford Drive, Montrose CO 81401, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT 2. Name of Structure: Bartling Spring 3. Date of Original Decree: April 30, 2013, Case No. 2012CW131 Court: Water Division No Legal Description of decreed point of diversion: In the SW1/4NW1/4, Section 1, Township 46 North, Range 9 West, N.M.P.M., at a point 973 feet east of the west section line and 2332 feet north of the south section line. 5. Date of Appropriation: November 5, Amount:.033 c.f.s. 7. Use: stock water 8. Source of Water: Spring tributary to Broman Canyon and the Uncompahgre River. 9. Claims for absolute: Applicant has used the spring for stock water. OURAY COUNTY. 2016CW3012 (REF NO. 95CW193, 03CW105, 09CW128). GUNNISON COUNTY, SLATE RIVER. Skyland Metropolitan District ( Skyland District ), Attn. Mike Billingsley, 350 Country Club Dr., Ste. 112A, Crested Butte, CO 81224, (970) , mike@skylandco.com. Applicant's Attorneys: Kirsten M. Kurath and Mark A. Hermundstad, Williams, Turner & Holmes, PC, PO Box 338, Grand Junction, CO 81502, , kmkurath@wth-law.com and mherm@wth-law.com. Application for Finding of Reasonable Diligence. Structures: Skyland Well No. 1 and Skyland Wells Nos (collectively referred to herein as the Skyland Wells ); Conditional Water Right Decree: Decree of 04/23/1997 in 95CW193, District Court, Water Division 4. Subsequent Diligence Decrees: Decree of 10/20/2003 in 03CW105 and Decree of 03/15/2010 in 2009CW128. Locations: Skyland Wells are located in the SENW of Sec. 1, T14S, R86W; the SWNE and NENE of Sec. 12, T14S, R86W; the SWSW and NWSW of Sec. 6, T 14S, R85W; and the SENE, NENE and NWNE of Sec. 1, T14S, R86W, and are more particularly described in the Application on Exhibit A and illustrated on Figure 1. Sources: Skyland Well Nos. 1 and 4 are from the Slate River alluvium; Skyland Well No. 5 is from the colluvium; Skyland Wells Nos are from the debris slope and Crested Butte laccolith; all of these sources consist of groundwater tributary to the Slate River, tributary to the East River, tributary to the Gunnison River. Appropriation dates: See Exhibit A. Amounts: See Exhibit A. Total combined volumetric limit is acre feet per year. Uses: Water will be used, through Skyland District s potable water system, to water lawns and gardens around residences and commercial buildings; water use will occur on up to 50 acres of land located in portions of Secs. 1 and 12, T. 14 S., R. 86 W. of the 6 th P.M. and Secs. 6 and 7, T. 14 S., R. 85 W. of the 6 th PM; land is located within boundaries of Skyland District which are illustrated on Figure 1; water will also be used for all municipal purposes, including domestic, commercial, fire protection, and watering

4 of lawns and gardens, and for recreational and piscatorial purposes, by direct flow, replacement, augmentation and exchange. Depths: See Exhibit A. Landowners: Skyland Well Nos. 1 and 7 are on land owned by ND Enterprises LLC; Skyland Well No. 6 is on land owned by Multi Four Inc.; Skyland Well No. 12 is on land owned by Jay S. and Carolyn T. Maltby; and remaining Skyland Wells Nos. 4, 5, 8 through 11, 11 and 13 through 16 are on land owned by Skyland District. The Application contains a detailed outline of what has been done during this diligence period toward the completion of appropriation and application of the water to beneficial use. (9 pages). GUNNISON COUNTY. CASE NO. 2016CW3013 (REF NO. (09CW52, 02CW186, 93CW65, 85CW188) OURAY COUNTY. JKC Utilities, LLC, c/o Scott C. Miller, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229 Midland Avenue, Basalt, CO 81621, (970) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Name of structure: Golf Course Ditch. Type: Ditch. Description of conditional water right: Date of Original Decree: March 30, Case No. 85CW188, Division 4 Water Court. Decreed legal description of point of diversion: Golf Course Ditch is located in the SW¼, SE¼, Section 25, Township 46 North, Range 9 West of the N.M.P.M., 1600 feet from the East section line and 350 feet from the South section line. Source: Fisher Creek, tributary to the Uncompahgre River. Appropriation date: July 23, Amount: 3.5 c.f.s., conditional. Use: Irrigation. Work to complete the appropriation, including expenditures is on file with the Court. The headgate of the Golf Course Ditch may be located on property owned by Mississippi Forestry Consultants, Inc., 1400 N. McColl Road, Ste. 201, McAllen, TX OURAY COUNTY. CASE NO. 2016CW3014 MESA COUNTY, Thomas D. Rolland and Lynda J. Rolland c/o Mark A. Hermundstad, Esq. and Kirsten M. Kurath, Esq. Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) , mherm@wth-law.com, kmkurath@wth-law.com, and Western Sky Investments, LLC c/o Mark E. Hamilton, Esq., William H. Caile, Esq., Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, CO, ,(970) ,mehamilton@hollandhart.com, whcaile@hollandhart.com. Application for Changes of Water Rights. 1. Name, address and telephone number of Applicant: Please direct all pleadings and correspondence to Applicants counsel, as identified above. 2. Structures: A. Gill Ditch i. Gill Ditch ii. Date of original decree: 2/11/1939, in Case No. C.A. 4952, Mesa County District Court. iii. Legal description: The headgate is located on the right bank of the South Fork of West Creek, also known as Gill Creek, at a point whence the NE Corner of Section 12, Township 15 South, Range 102 West, 6th P.M., bears N E feet. iv. Source: South Fork of West Creek, also known as Gill Creek, tributary to West Creek, tributary to the Dolores River. v. Approp. Date: 5/01/1883. vi. Amount: Total Amount Decreed to Structure: 6.36 c.f.s., absolute, consisting of 2.12 c.f.s. decreed in C.A with an appropriation date of May 1, 1883 ( Senior Gill Ditch Right ) and 4.24 c.f.s. decreed in C.A as a floodwater right ( Gill Ditch Floodwater Right ). vii. Use: Irrigation. viii. Amount of Water That the Rolland Applicants Intend to Change: The Rolland Applicants own 1.0 c.f.s. of the Senior Gill Ditch Right, and this is the amount that the Rolland Applicants intend to change by this Application. No changes are proposed to the Gill Ditch Floodwater Right or to the remaining portion of the Senior Gill Ditch Right, ownership of both of which is claimed by Western Sky. B. Unaweep Cattle Range Ditch No. 3 i. Unaweep Cattle Range Ditch No. 3 ii. Date of original decree: 5/09/1932, in Case No. C.A. 4332, Mesa County District Court. iii. Legal description: The headgate of said ditch is located on the right bank of West Creek, from which it derives

5 its supply of water, whence the SW Corner of Section 6, T. 15 S., R. 101 W., 6th P.M., bears S W., 1935 feet. iv. Source: West Creek, tributary to the Dolores River. v. Approp. Date: 6/16/1913. vi. Amount: 4.0 c.f.s., absolute. vii. Use: Irrigation. viii. Amount of Water That Applicants Intend to Change: The Rolland Applicants own 0.5 c.f.s. of the Unaweep Cattle Range Ditch No. 3 water right. The Western Sky Applicant owns the remaining 3.5 c.f.s. decreed to this water right. The Applicants seek to change both of these interests to allow diversion at separate points downstream on West Creek, as set forth below. C. Unaweep Cattle Range Ditch No. 4 i. Unaweep Cattle Range Ditch No. 4 ii. Date of original decree: 2/11/1939, in Case No. C.A Mesa County District Court. iii. Legal description: The headgate of said ditch is located on the right bank of West Creek, from which it derives its supply of water, whence the NE Corner of Section 12, T. 15 S., R. 101 W., 6th P.M., bears N W., 440 feet. *An illustration of the locations for the structures is on file with the Court as Figure 1. iv. Source: West Creek, tributary to the Dolores River. v. Approp. Dates: 4/15/1883 and 2/10/1939. vi. Amount: 6.24 c.f.s., absolute, consisting of 2.08 c.f.s. decreed in C.A with an appropriation date of April 15, 1883 ( Senior Unaweep Cattle Range Ditch No. 4 Right ) and 4.15 c.f.s. decreed in C.A as a floodwater right ( Unaweep Cattle Range Ditch No. 4 Floodwater Right ). vii. Use: Irrigation. viii. i. Amount of Water That the Western Sky Applicant Intends to Change: The Western Sky Applicant claims ownership of all of the 6.24 c.f.s. decreed to the Unaweep Cattle Range Ditch No. 4, including both the Senior Unaweep Cattle Range Ditch No. 4 Right and the Unaweep Cattle Range Ditch No. 4 Floodwater Right, and seeks to confirm an upstream alternate point of diversion on West Creek for these interests as further described below. 3. The Rolland Applicants request the following changes be made for their 1.0 c.f.s. interest in the Senior Gill Ditch Right and their 0.5 c.f.s. interest in the Unaweep Cattle Range Ditch No. 3 water right: A. Changes in Place of Use: The Rolland Applicants request a change in place of use of the water diverted under their 1.0 c.f.s. interest in the Senior Gill Ditch Right and under their 0.5 c.f.s. interest in the Unaweep Cattle Range Ditch No. 3 to confirm that these interests may be used to irrigate up to 34 acres upon the Rolland Property, described on Exhibit A to the Application. The Rolland Property is located in portions of Sections 11, 12, 13 and 14 of Township 15 South, Range 102 West, 6th P.M. The boundaries of the Rolland Property are shown on Figure 1 attached to the Application. The Rolland Applicants intend to divert water under their interests in the Senior Gill Ditch Right and the Unaweep Cattle Range Ditch No. 3 water right at the new points of diversion described in Paragraph 3.B., below. B. New Points of Diversion: The Rolland Applicants request approval of new points of diversion for their 1.0 c.f.s. interest in the Gill Ditch Senior Right and their 0.5 c.f.s. interest in the Unaweep Cattle Range Ditch No. 3, to allow water available under these interests to be diverted at the following points of diversion downstream on West Creek: i. Rolland Point of Diversion No. 1: a point located approximately 384 feet from the South section line and 583 feet from the West section line of Section 12, Township 15 South, Range 102 West, 6th P.M. ii. Rolland Point of Diversion No. 2: a point located approximately 1,191 feet from the South section line and 688 feet from the West section line of Section 12, Township 15 South, Range 102 West, 6th P.M. The Rolland Applicants request approval of the right to divert their 1.0 c.f.s. interest in the Gill Ditch Senior Right and their 0.5 c.f.s. interest in the Unaweep Cattle Range Ditch No. 3 at either or both of these new points of diversion for use upon up to 34 acres upon the Rolland Property, provided that the total combined diversions at these points of diversion shall be limited to 1.0 c.f.s. for water diverted under the Gill Ditch Senior Right and 0.5 c.f.s. for water diverted under the Unaweep Cattle Range Ditch No. 3 water right. 4. Detailed Description of Proposed Changes of Water Rights for the Western Sky Applicant (Alternate Point of Diversion at Idlewild

6 Highline Ditch No. 2): The Western Sky Applicant requests approval of an alternate point of diversion for all of Western Sky s claimed interests in the water rights decreed to the Unaweep Cattle Range Ditch No. 3 (up to 3.5 c.f.s.) and the Unaweep Cattle Range Ditch No. 4 (up to 6.24 c.f.s., consisting of 2.08 c.f.s. under Priority No. 14 and 4.16 c.f.s. flood right), which alternate point of diversion would be located at the point of diversion for the Idlewild Highline Ditch No. 2. The decreed location (C.A. 4952), is described as follows: A point on the right bank of West Creek whence the SW corner of Section 6, T. 15 S., R. 101 W. 6th P.M., bears S W. 613 feet. The actual location in use since at least 1955 based on review of historical aerial imagery is as follows: A point in the SW1/4 of the SW1/4 of section 6, T. 15 S., R. 101 W. 6th P.M. 385 feet to the south section line and 900 feet to the west section line, based on aquamap conversion from the following coordinates mn and me UTM zone 13 NAD 83. Which is approximately 400 feet from the decreed point of diversion. See also Figure 1 attached to the Application. No changes in types or places of use are requested for Western Sky s water rights. Detailed terms and conditions are outlined in the Application on file with the water court. The original decreed point of diversion for the Gill Ditch is located upon lands owned by: BLM, 2815 H Rd., Grand Junction, CO [Parcel No ]. The original decreed point of diversion for the Unaweep Cattle Range Ditch No. 3 is located upon lands owned by: Mid South Land & Timber Company, 743 Horizon Ct., Suite 250, Grand Junction, CO [Parcel No ]. The original decreed point of diversion for the Unaweep Cattle Range Ditch No. 4 and for the Idlewild Highline Ditch No. 2 are located upon lands owned by: Western Sky. The Rolland Point of Diversion No. 1 and the Rolland Point of Diversion No. 2, as well as the place of use of for the Rolland Applicants interests in these water rights, are located upon the Rolland Property, which is owned by the Rolland Applicants. (10 pages). MESA COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of May, 2016 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