DIVISION 5 WATER COURT- DECEMBER 2017 RESUME SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

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1 DIVISION 5 WATER COURT- DECEMBER 2017 RESUME SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section (6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying interested parties of requests for the State Engineer s approval of substitute water supply plans ( SWSP ) filed in that water division pursuant to section , C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the Colorado Water Conservation Board for use as instream flows under section (2)(b)(II), C.R.S., notice of applications for the State Engineer s approval of interruptible water supply agreements under section (3)(a), C.R.S., and notice of applications for fallowing-leasing pilot projects under section (8)(e)(II). This notice is an invitation to be included on the SWSP notification list. To receive this information by , provide your name, e- mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Substitute Water Supply Plan Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) , or to: Laura.kalafus@state.co.us. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR ( Rules ), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division. To receive this information by , provide your name, address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Produced Nontributary Ground Water Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) , or to: Laura.kalafus@state.co.us. Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: 1. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW20 PITKIN COUNTY- UNNAMED TRIBUTARY (a/k/a DICK CREEK) OF THE CRYSTAL RIVER, TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Paige & Margie Meredith; Hwy. 133; Carbondale, CO (970) Dooley Ditch, First Enlargement-Application for Absolute Water Rights (Surface). Location: NW¼NE¼ of Sec. 21, T.9S., R.88W. of the 6 th P.M. 1,271 ft. from the north sec. line and 3,050 ft. from the west sec. line. Appropriation: Aug. 1, Amount: 0.5 c.f.s., absolute. Use: hydropower electrical generation, a non-consumptive beneficial use. 2. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this 17CW21 (10CW228) GARFIELD COUNTY-BEAVER CREEK TRIBUTARY TO THE COLORADO RIVER. Samuel R.

2 PAGE 2 Rubin; 6395 Walnut Dr.; Pinson, AL (205) Hooker Spring (n/k/a Rubin Spring)-Application for Finding of Reasonable Diligence. Location: NW¼SW¼ of Sec. 13, T.7S, R.94W. of the 6 th P.M. 1,418 ft. from the south sec. line and 736 ft. from the west sec. line. Appropriation: Sept. 27, Amount: c.f.s., conditional. Use: Livestock and wildlife watering and domestic use in one cabin. 3. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this 17CW22 (10CW222) EAGLE COUNTY- FRYING PAN RIVER TRIBUTARY TO THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. Michael Bair; 829 Frying Pan Road, Basalt, CO (970) Bair Hydro- Application to Make Absolute in Whole or in Part. Location: NE¼SW¼ of Sec. 8, T.8S., R.86W. of the 6 th P.M. 2,575 ft. from the north sec. line and 2,166 ft. from the west sec. line. Appropriation: July 20, Amount: 25.0 c.f.s., absolute. Use: power generation for a non-consumptive hydroelectric system. Name of Land Owner on which structure is located: Trish Meyer, Two Rivers Rd., Basalt, CO An outline of work performed during the diligence period is included in the application. 4. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this 17CW3236 Colorado Water Conservation Board ( CWCB ), 1313 Sherman Street, Suite 718, Denver, CO Telephone: (303) Please direct all future correspondence and pleadings regarding this Application to: Philip Lopez, Assistant Attorney General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7 th Floor, Denver, CO Telephone: (720) philip.lopez@coag.gov. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN EAGLE COUNTY, COLORADO. 2. Name of water right: Piney River Instream Flow Water Right. 3. Legal Description: The Piney River Instream Flow Water Right is located in the natural stream channel of Piney River from the confluence with Grape Creek to the confluence with the Colorado River, a distance of approximately 7.83 miles. A map depicting the approximate location of the Piney River Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Confluence with Grape Creek: 1. UTM: Northing: ; Easting: (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 39 47' 11.85"N and longitude ' 14.57"W B. Downstream Terminus: Confluence with Colorado River: 1. UTM: Northing: Easting: (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 39 51' 18.59"N and longitude ' 30.50"W C. The Universal Transverse Mercator (UTM) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as crossreference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: Piney River, tributary to Colorado River. 5. A. Date of initiation of appropriation: January 24, B. How appropriation was initiated: Appropriation and beneficial use occurred on January 24, 2017, by the action of the CWCB pursuant to sections (3) and (4) and (3), (4) and (10), C.R.S. (2017). C. Date applied to beneficial use: January 24, Amount of water claimed: Instream flow of 4 cfs (12/01-03/31), 16 cfs (04/01-04/30), 55 cfs (05/01-07/15), 16 cfs (07/16-08/15), and 8 cfs (08/16-11/30), absolute. 7. Proposed Uses: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section (2)(b), C.R.S. (2017), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section (3), C.R.S. (2017). As an instream flow water right, the CWCB s appropriation does not require diversion structures or storage. See Colo.

3 PAGE 3 River Water Conservation Dist. v. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); (4)(c), C.R.S. (2017). As a surface water right, the CWCB s appropriation of instream flow water rights does not involve construction of a well. The CWCB has an existing instream flow water right on the Piney River from the confluence with the North Fork Piney River to the confluence with the Colorado River, in the amount of 9.0 cfs (1/1 12/31), decreed in Case No. 86CW0229 with an appropriation date of 1/16/1986. The flow rates sought herein are in addition to the amount of the existing instream flow water right. 9. Remarks: This appropriation by the CWCB, on behalf of the people of the State of Colorado, is made pursuant to sections (3) & (4) and (3), (4) & (10), C.R.S. (2017). The purpose of the CWCB s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2017, the CWCB determined, pursuant to section (3)(c), C.R.S. (2017), that the natural environment of Piney River will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB s water rights herein, if granted; and that such environment can exist without material injury to water rights. 5. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this 17CW3237 District Court, Water Division No. 5, State of Colorado, 109 8th Street, Suite 104, Glenwood Springs, CO, Concerning The Application For Water Rights Of Galloway, Inc., D/B/A Blue Valley Ranch, In THE BLUE RIVER OR ITS TRIBUTARIES, IN GRAND COUNTY, COLORADO. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE OR, IN THE ALTERNATIVE FOR A FINDING OF REASONABLE DILIGENCE. 1. Name, address, telephone number of applicant: Galloway, Inc., d/b/a Blue Valley Ranch, 6921 Highway 9, P.O. Box 1120, Kremmling, CO, 80459, (970) Copies of all pleadings to: Michael F. Browning, Steven J. Bushong, Porzak Browning & Bushong LLP, th Street, Boulder, Colorado, 80302, (303) Name of structures: King Creek Upper Spring Enlargement, King Creek Lower Spring Collection System Enlargement, and King Creek Exchange. 3. Description of conditional water rights: The King Creek Upper Spring Enlargement, King Creek Lower Spring Collection System Enlargement, and King Creek Exchange were all decreed conditional water rights by decree of this Court entered in Case No. 10CW277 dated December 28, A. King Creek Upper Spring Enlargement ( Upper Spring Enlargement ). i. Legal Description: NE1/4 SE1/4 of Section 24, T. 1 S., R.80 W., of the 6 th P.M., at a point 3,090 feet from the West section line and 1,535 feet from the South section line of said Section 24. ii. Source: Spring water tributary to King Creek, tributary to the Blue River, tributary to the Colorado River. iii. Amount: c.f.s., conditional. iv. Uses: Stock watering and wildlife watering. v. Appropriation Date: November 30, B. King Creek Lower Spring Collection System Enlargement ( Lower Spring Enlargement ). i. Legal Description: SE ¼ SE ¼ of Section 23, T. 1 S., R. 80 W., of the 6 th P.M., Grand County, Colorado. The Lower Spring consists of three separate diversion points, the location of which are as follows: a. 165 feet from the East section line and 848 feet from the South section line of said Section 23. b. 93 feet from the East section line and 620 feet from the South section line of said Section 23. c. 228 feet from the East section line and 228 feet from the South section line of said Section 23. ii. Source: Spring water tributary to King Creek, tributary to the Blue River, tributary to the Colorado River. iii. Amount: 0.1 c.f.s., conditional. iv. Uses: Stock watering and wildlife watering. v. Appropriation Date: November 30, C. King Creek Exchange. i. Downstream Terminus: a. Downstream Terminus: the Confluence of the Blue River and King Creek, which is described as in the SW1/4 of the NE1/4 of Section 28, T. 1 N., R. 80 W., 6 th P.M. at a point approximately 2,020 feet from the East section line and 2,900 feet from the South section line of said Section 28. b. Upstream Termini: 1. Upper Spring Enlargement: NE1/4 SE1/4 of Section 24, T. 1 S., R.80 W., of the 6 th P.M., at a point 3,090 feet from the West section line and 1,535 feet from the South section line of said Section Lower Spring Enlargement: SE ¼ SE ¼ of Section 23, T. 1 S., R. 80 W., of the 6 th P.M., Grand County, Colorado. The Lower Spring consists of three separate diversion points, the location of which are as follows: a. 165 feet from the East section line and 848 feet from the South section line of said Section 23. b. 93 feet from the East section line and 620 feet from the South section line of said Section 23. c. 228 feet from the East section line and 228 feet from the South section line of said Section 23. ii. Rate of Exchange: c.f.s., conditional. iii. Uses: stock watering and wildlife watering. iv. Appropriation Date: November 30, Claim to Make Conditional Water Rights Absolute. As set forth more fully in the engineering memorandum prepared by George M. Fosha, a copy of which is attached hereto as Exhibit A, Applicant (a) diverted the conditional water rights decreed to the Upper Spring Enlargement and Lower Spring Enlargement at their full decreed rate, in priority, and placed the water to the decreed uses on March 26, 2017, and at other times, and (b) exercised the King Creek Exchange at its full decreed rate on October 6, 2017, October 23, 2017, and at other times, for its decreed uses. Accordingly, Applicant seeks the make the subject conditional water rights absolute. 5. Alternative Claim for Findings of Reasonable Diligence. In the alternative, Applicant seeks a finding of reasonable

4 PAGE 4 diligence with respect to any aspects of the subject conditional water rights that are not made absolute in this proceeding. Applicant s diligence activities include those set forth in Exhibit A attached hereto. (5 pages + exhibit) 6. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this 17CW3238 District Court, Water Division No. 5, State of Colorado, Garfield County Courthouse, th Street, Suite 104, Glenwood Springs, In the Matter of The Application for Water Rights Of American Gypsum Company, In Eagle County, Colorado. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of applicant: American Gypsum Products, P.O. Box 1630, Eagle, Colorado (970) Direct all pleadings to: Michael F. Browning, Steven J. Bushong, Porzak Browning & Bushong LLP, th Street, Boulder, Colorado Name of structure: Eagle Gypsum Reservoir No Description of conditional water right: (a) Decree: Decreed by the District Court in and for Water Division No. 5 in Case No. 89CW132 on July 13, Prior diligence decrees were entered in Case Nos. 96CW198, 02CW300, and 10CW295. (b) Decreed location: The dam will be located in the NW1/4NE1/4 and NE1/4NW1/4 of Section 5, T.5 S., R. 85 W., of the 6 th P.M. The right abutment of the dam will be located at a point whence the witness corner to the NW corner of said Section 5 bears N. 68 degrees 07 W. a distance of 3,024 feet. This point can be plotted as 1,082 feet from the North section line and 2,468 feet from the East section line of said Section 5. (c) Source: Surface and groundwater tributary to the Eagle River. (d) Appropriation date: June 28, (e) Amount: 40 acre feet, with the right to fill and refill the reservoir continually whenever the right is in priority, however no more than 242 acre feet of cumulative storage shall occur in any given calendar year. (f) Use: Industrial, landscape irrigation, recreational, piscatorial and augmentation. 4. Detailed outline of work done to complete project and apply water to beneficial use: Applicant has undertaken the following specific activities over the last six years that demonstrate its diligence with regard to the subject conditional right: The subject conditional right is part of an overall water augmentation plan originally decreed in Case No. 89CW132, as amended and restated by a decree in Case No. 02CW391 entered on May 1, The subject conditional water storage right will allow releases of on-site augmentation water to replace depletions from Applicant s well system in the event of an extended call from water rights on the Eagle River. Such an extended call has not yet occurred but may in the future. (a) Applicant engaged engineers to dig test pits at the pond site to analyze soil properties, water table levels, and other local conditions, and to prepare preliminary designs for the pond, dam, spillway and outlets. (b) By decree in Case No. 11CW58 entered on March 13, 2013, Applicant obtained findings of reasonable diligence with respect to both he Applicants Eagle Gypsum Wellfield, which wells would among the structures to be augmented by the subject conditional water storage right, and the Eagle River Intakes which would divert water for storage in the Eagle River Reservoir No. 1. (c) By decree in Case No. 17CW3118 entered on November 12, 2017, Applicant obtained findings of reasonable diligence with respect to the Eagle Gypsum Exchange which would also provide water for storage in the Eagle Gypsum Reservoir No. 1. (d) Applicant continues to operate and improve the water supply system of which the subject right is an integral feature. (e) Applicant has maintained in full force and effect contracts for 270 acre feet of water each from Green Mountain Reservoir and Wolford Mountain Reservoir, which can be stored in the subject reservoir by exchange. (4 pages) 7. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this 17CW3239 COLORADO RIVER, MESA COUNTY, APPLICATION FOR CHANGE OF WATER RIGHT, Ute Water Conservancy District, acting by and through the Ute Water Activity Enterprise ( Applicant );Attn: Steve Ryken, Assistant Manager, 2190 H ¼ Road, Grand Junction, CO 81505, , sryken@utewater.org. c/o Kirsten M. Kurath, 744 Horizon Court, Suite 115, Grand Junction, CO 81506, , kmkurath@wth-law.com and Mark A. Hermundstad, General Counsel, Ute Water

5 PAGE 5 Conservancy District, P.O. Box 460, Grand Junction, CO 81502, , mhermundstad@utewater.org Structure: Bridges Switch Pumping Plant and Pipeline (Bridges Switch Right ). Original Decree: January 25, 1982; Case No: 81CW222; District Court, Water Div. 5. Relevant Subsequent Decrees: Decrees finding diligence have been entered as required by statute since the original decree was entered for this water right. The last diligence decree was entered on March 8, 2012, in Case No. 11CW53, District Court, Water Div. 5. Legal Description: The point of diversion is located on the North bank of the Colorado River at a point whence the Northwest Corner of Section 8, T. 1 S., R. 2 E., Ute Meridian, bears N W. 2,699.5 feet. The decreed location of the point of diversion is shown on Figure 1, attached to the Application. Source: Colorado River. App. Date: June 2, Amount: 30.0 c.f.s., conditional. Uses: Municipal, domestic, irrigation, mechanical, manufacturing, generation of power, fire protection, sewage treatment, street sprinkling, watering of parks, lawns and grounds, and maintaining municipal reserves. Amount Applicant Intends to Change: 30.0 c.f.s., conditional. Description of Proposed Changes: Ute Water Conservancy District ( District ) is a water conservancy district located in Mesa County, Colorado, organized and existing under the Water Conservancy Act, Sections et seq., C.R.S. The Ute Water Activity Enterprise ( Enterprise ) is a water activity enterprise established by the District for the purpose of pursuing, continuing and conducting all of the water activities of the District. The Applicant in this case is the District, acting by and through the Enterprise. Applicant requests that the decree for the Bridges Switch Right be changed to allow the Bridges Switch Right to be diverted at the following alternate point of diversion (the Alternate POD ): A point on the Colorado River located approximately 1,519 feet South of the North section line and 319 feet West of the East section line of Section 3, Township 11 South, Range 98 West, 6th Principal Meridian. The UTM coordinates for the Alternate POD are as follows: Northing: meters; Easting: meters. These coordinates are based on the UTM, Zone 12, NAD83 coordinate system and were developed using Trimble survey- grade GPS equipment. The location of the Alternate POD is shown on Figure 2, attached to the Application. The Alternate POD is located at Applicant s Colorado River pumping station, identified in the records of the Division of Water Resources as the Rapid Creek Pumping Plant, Structure ID No The water diverted at the Alternate POD will be used within the boundaries of the District, as such boundaries may be expanded in the future, in Mesa County, Colorado, and within the boundaries of other political subdivisions within Mesa County, Colorado, with which the District has or may have agreements to provide water or water service. A map showing the District s current boundaries is attached to the Application as Figure 3. The water diverted at the Alternate POD will be used for the purposes described in the original decree for the Bridges Switch Right, entered in Case No. 81CW222. It is not known at this time precisely how the boundaries of the District may be expanded in the future, but Section , C.R.S., provides that the boundaries may be changed and additional areas, either contiguous or noncontiguous to the District, may be included within the District for service. In addition, Section , C.R.S., provides that a water conservancy district may enter into cooperative agreements with other political subdivisions for the lease or exchange of water for use outside of the district s boundaries. The Colorado Water Conservation Board ( CWCB ) holds an instream flow water right in the amount of 581 c.f.s. for the period from July 1 through September 30 of each year, adjudicated by decree entered on September 2, 1997, in Case No. 92CW286, District Court, Water Division 5 ( ISF Right). The ISF Right includes a portion of the Colorado River between the Original POD for the Bridges Switch Right and the Alternate POD. In order to prevent injury to the ISF Right from the change requested in this Application, Applicant agrees that it will not divert water under the Bridges Switch Right at the Alternate POD during the period from July 1 through September 30 of each year when and to the extent that such diversion would cause the flows in the Colorado River between the Original POD and the upper terminus of the ISF Right (the Affected ISF Reach ) to be less than 581 c.f.s. For purposes of this limitation, flows in the Affected ISF Reach shall be measured at a location within the Affected ISF Reach designated by CWCB at which a gage or other measuring device approved by the Division Engineer is located. The current point of measurement for the ISF Right is located at the USGS Gaging Station No , Colo River Below Grand Valley Div Nr Palisade, CO. Any new or replacement gage or measuring device for the measurement and administration of the ISF Right in the Affected ISF Reach shall be subject to the requirements of the Division Engineer, as set forth in the decree for the ISF Right. The provisions of this Paragraph 3.D. shall not modify, amend, supersede or otherwise affect any of the provisions of the decree for the ISF Right entered in Case No. 92CW286. The Bridges Switch Right is a conditional water right. Accordingly, there have not historically been any diversions under the Bridges Switch Right. Names and addresses of owners of the land upon which 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: The Alternate POD for the Bridges Switch Pumping Plant and Pipeline is located on land owned by the Colorado Department of Transportation, Region 3, 222 South 6th Street, Grand Junction, CO Applicant requests that the Court enter a decree approving the changes to the Bridges Switch Right and granting such other relief as the Court deems proper. (9 pages) 8. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES

6 PAGE 6 CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this 17CW3240 IN GARFIELD COUNTY, COLORADO. APPLICATION FOR CORRECTION OF AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION. Concerning the Application for Water Rights of Dancing Bear Ranch, LLC. Name and Address of Applicant: Dancing Bear Ranch, LLC, 353 Rosery Rd., Bellair, FL Please direct all pleadings and correspondence to: Anne Marie McPhee, Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C., 533 E. Hopkins Ave., 3 rd Floor, Aspen, CO 81611, amm@okglaw.com, (970) Name of Structure: Dancing Bear Spring No. 1. Date of Original Decree: 3/29/2004. Case No. 02CW387. Court Water Div. 5. Legal Description: The point of diversion is in the SE 1/4, NW 1/4, Sec. 34, T. 9 S., R. 86 W. of the 6th P.M. at a point 1480 ft from the N. section line and 2165 ft from the W. section line in Pitkin County, Colorado. Source: A spring tributary to Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Approp. Date: 11/19/2002. Decreed Amt: 0.25 cfs, cond. Use: Irrigation of ten acres located in the E1/2, NW 1/4 and W1/2, NE 1/4 of Section 34, T. 9 S., R. 86 W of the 6th P.M. Detailed description of proposed correction to an established but erroneously described point of diversion: Applicant seeks to correct the described point of diversion for the Dancing Bear Spring No. 1, which has been determined to be more than 200 feet from its decreed location. Corrected point of diversion: The SW 1/4, NW 1/4, of Section 35, T. 9 S., R. 86 W., of the 6th PM, with UTM coordinates of easting and northing, located in Zone 13. Street Address of Property: 8500 Snowmass Creek Rd, Snowmass, CO Name and address of owner of the land upon which any modification to any existing diversion structure is constructed: Applicant. 9. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this 17CW3241 EAGLE COUNTY Amended Application for Reasonable Diligence. Name and Address of Applicant: Town of Eagle; please direct all correspondence to Applicant s attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970) , megeiger@garfieldhecht.com; Applicant requests findings of reasonable diligence with regard to the following water right. Town of Eagle, Colorado, Brush Creek Intake Prior Decrees: Case No. W-3678, District Court in and for Water Division No. 5, originally entered by this Court on December 16, Subsequent findings of reasonable diligence: Case Nos. 10CW215, 03CW328, 96CW104, 89CW250 and 85CW300, District Court in and for Water Division No. 5. Location: Point of Diversion No. 1 is located on East Brush Creek in Section 18, Township 6 South, Range 83 West of the 6 th P.M., at a point whence the Northeast Corner of said Section 18 bears N East 3,340 feet. Such location is also described as a point in the NW ¼ NE ¼ of Section 18, Township 6 South, Range 83 West of the 6 th P.M., approximately 670 feet from the North Section line and 3270 feet from the East section line of said Section 18 (Section 18 is an irregular section). Point of Diversion No. 2 is located on West Brush Creek in Section 18, Township 6 South, Range 83 West of the 6 th P.M, at a point whence the Northeast Corner of said Section 18 bears N East 6,300 feet. Such location is also described as a point in the NW ¼ NW ¼ of Section 18, Township 6 South, Range 83 West of the 6 th P.M. approximately 1210 feet from the North Section line and 1260 feet from the West Section line of said Section 18 (Section 18 is an irregular section). Appropriation Date: November 30, Source: East Brush Creek and West Brush Creek, tributary to Brush Creek, tributary to the Eagle River, tributary to the Colorado River. Amount: 10 c.f.s., conditional, at each point. Uses: municipal, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation and recreational purposes. Name and address of owner of land upon which wells will be located: Point of Diversion No. 1 is located on property of the State Board of Land Commissioners, 1127 Sherman Street, Suite 300, Denver, CO Point of Diversion No. 2 is located on property of the Colorado State Parks, 1313 Sherman Street, Suite 618, Denver, CO Applicant requests findings of reasonable diligence with regard to the following conditional water right: Town of Eagle, Colorado, Gravity Water System, Second Enlargement. Prior Decrees: Case No. W-3362, District Court in and for Water Division No. 5, originally entered by this Court on December 30, Subsequent findings of reasonable diligence: Case Nos. 11CW17, 03CW156, 96CW023, and 89CW193, District Court in and for Water Division No. 5. Location: the point of diversion is located at a point on the easterly bank of Brush Creek, whence Corner No. 4 of Tract 86, Sections 35 and 36, Township 5 South, Range 84 West of the 6 th P.M. bears N E, feet; also described as a point in the NW ¼ NE ¼ of Section 1, Township 6 South, Range 84 West of the 6 th P.M. at a point approximately 940 feet from the North Section line and 2630 feet from the East Section line. Source: Brush Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: January 28, Amount: 7.0 c.f.s., conditional, of which 0.6 c.f.s. was made absolute in Case No. 96CW23 and an additional 1.64 c.f.s. was

7 PAGE 7 made absolute in Case No. 11CW17 leaving 4.76 c.f.s. conditional. Uses: all municipal uses including irrigation, domestic, industrial, commercial, recreational, fish and game and wildlife propagation, mechanical, fire protection, maintenance of municipal system storage reserves, and exchange and replacement purposes. Owner of land upon which point of diversion will be located: Applicant. Remarks: The water rights decreed to the Town of Eagle, Colorado, Gravity Water System, First Enlargement were made fully absolute by decree entered by this Court in Case No. 96CW23. The Amended Application includes a detailed description of activities undertaken during the diligence period toward the application of the above described water rights to beneficial use: The Town of Eagle, Colorado, Brush Creek Intake and Town of Eagle, Colorado, Gravity System, Second Enlargement are components of the integrated water supply system for the Town of Eagle such that diligence on any one component counts as diligence toward all. (6 pages) 10. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this 17CW3242 EAGLE COUNTY. Application for Findings of Reasonable Diligence; Name and Address of Applicant: Town of Eagle; please direct all correspondence to Applicant s attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970) , megeiger@garfieldhecht.com; Applicant requests findings of reasonable diligence with regard to the following water right. Hat Creek Feeder Canal. Prior Decrees: Civil Action No. 1529, District Court in and for Water Division No. 5, originally entered by this Court on July 9, Subsequent findings of reasonable diligence: Case Nos. 10CW216, 03CW239, 95CW49 and 88CW85, District Court in and for Water Division No. 5. Location: the point of diversion is at a headgate located at a point on the right bank of Hat Creek whence the South one quarter corner of Section 22, Township 6 South, Range 83 West of the 6 th P.M. bears South Easst a distance of 1,442 feet. Such location is also described as a point in the SW ¼ SW ¼ of Section 22, Township 6 South, Range 83 West of the 6 th P.M. approximately 60 feet from the South section line and 1190 feet from the West section line. Appropriation Date: June 10, Source: Hat Creek, tributary to East Brush Creek, tributary to Brush Creek, tributary to the Eagle River, tributary to the Colorado River. Amount: 27.0 c.f.s., conditional. Uses: to supply water for storage for irrigation, domestic, municipal, industrial and other beneficial uses and purposes. Name and address of owner of land upon which point of diversion will be located: U.S.F.S., White River National Forest, 900 Grand Ave., Glenwood Springs, Applicant requests findings of reasonable diligence with regard to the following conditional water right: Nolan Creek Feeder Canal. Prior Decrees: Civil Action No. 1529, District Court in and for Water Division No. 5, originally entered by this Court on July 9, Subsequent findings of reasonable diligence: Case Nos. 10CW216, 03CW239, 95CW49 and 88CW85, District Court in and for Water Division No. 5. Location: the Nolan Creek Feeder Canal has two alternate points of diversion and two headgates, located as follows: (1) Headgate No. 1, located at a point on the left bank of Nolan Creek whence the Southwest corner of Section 15, Township 6 South, Range 83 West of the 6 th P.M. bears South West a distance of 1,810 feet. Such location is also described as a point in the SE ¼ SW ¼, Section 15, Township 6 South, Range 83 West of the 6 th P.M. approximately 70 feet from the South section line and 1810 feet from the West section line. (2) Headgate No. 2, located at a point on the left bank of an unnamed tributary of East Brush Creek whence the South one quarter corner of Section 22, Township 6 South, Range 83 West of the 6 th P.M. bears South West a distance of 1,087 feet. Such location is also described as a point in the SW ¼ SE ¼, Section 22, Township 6 South, Range 83 West of the 6 th P.M. approximately 710 feet from the South section line and 1810 feet from the East section line. Source: Nolan Creek and an unnamed tributary to East Brush Creek, both tributary to East Brush Creek, tributary to Brush Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: June 10, Amount: 38.0 c.f.s., conditional. Uses: to divert water for storage for irrigation, domestic, municipal, industrial and other beneficial uses and purposes. Owner of land upon which points of diversion will be located: U.S.F.S. White River National Forest, 900 Grand Ave., Glenwood Springs, Applicant requests findings of reasonable diligence with regard to the following water right. Yeoman Park Reservoir. Prior Decrees: Case No. 81CW348, District Court in and for Water Division No. 5, originally entered by this Court on June 18, Subsequent findings of reasonable diligence: Case Nos. 11CW99, 02CW303 and 96CW164, District Court in and for Water Division No. 5. Location: the dam intersects the right abutment at a point whence the N ¼ corner of Section 27, Township 6 South, Range 83 West of the 6 th P.M. bears North West 1652 feet also being described as 1318 feet from the North section line and 1649 feet from the East section line of said Section 27. Appropriation Date: July 29, Source: the direct flow of East Brush Creek and tributaries of the same upstream from said damsite, diverted flow from Nolan Creek and unnamed tributaries of East Brush Creek through the Nolan Feeder Canal and Hat Creek through the Hat Creek Feeder Canal, tributary to the Eagle River, tributary to the Colorado River. Amount: 6700 acre feet, conditional. Proposed uses: irrigation, recreation, municipal, domestic and industrial purposes.

8 PAGE 8 Name and address of owner of land upon which point of diversion will be located: U.S.F.S., White River National Forest, 900 Grand Ave., Glenwood Springs, The Application includes a detailed description of activities undertaken during the diligence period toward the application of the above described water rights to beneficial use. The Hat Creek Feeder Canal, Nolan Creek Feeder Canal and Yeoman Park Reservoir are components of the integrated water supply system for the Town of Eagle such that diligence on any one component counts as diligence toward all. 11. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES CLERK FOR DURING THE MONTH OF DECEMBER The water right claimed by this 17CW3243 (07CW226) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT PARTIALLY ABSOLUTE. In SUMMIT COUNTY. 1. Applicant: Board of County Commissioners of Summit County ( SUMMIT COUNTY ), c/o Scott Vargo, County Manager, Post Office Box 68, Breckenridge, Colorado Copies of all pleadings to: Charles B. White, Thomas W. Korver, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, Phone: (303) Claim for Findings of Reasonable Diligence. 2. Name of water right: Summit County Old Dillon Reservoir Exchanges. 3. Description of conditional rights of exchange: Pursuant to , & (1)(a), C.R.S., Summit County has adjudicated conditional appropriative rights of exchange whereby water in storage that is available to Summit County is delivered to the Blue River in order to supply downstream appropriators, and an equivalent amount of water is diverted at the headgate of the Dillon Ditch on Salt Lick Gulch, tributary to the Blue River, for storage in an enlarged Old Dillon Reservoir, as more fully described herein (the Exchanges ).A. Date of original decree: The original decree for the Exchanges was issued on December 28, 2011 in Case No. 07CW226, District Court, Water Division No. 5 (the Decree ). B. Subsequent diligence decree: n/a. C. Appropriative rights of exchange: The upstream and downstream termini of the Exchanges are depicted on the map attached to the application as Exhibit A, available for inspection at the office of the Division 5 water clerk or Colorado Courts E-Filing. i. Location of structures and exchange reach: Upstream Terminus: The upstream terminus of the Exchanges is the point of diversion for the Dillon Ditch, located on the south bank of Salt Lick Gulch at a point whence the SE corner of Section 14, T.5 S., R.78 W. of the 6 th P.M. bears South 81 degrees 58 East 1832 feet; also described as a point located in the SW ¼ of the SE ¼ of Section 14, Township 5 South, Range 78 West of the 6 th P.M., approximately 260 feet from the South section line and 1,910 feet from the East section line of said Section 14. The exchanged water diverted at the Dillon Ditch headgate will be stored in Old Dillon Reservoir, located in the SW1/4 SE1/4 and SE1/4 SW1/4 of Section 13, T.5 S., R.78W. of the 6 th P.M. in Summit County, Colorado. Downstream terminus: The downstream terminus of the Exchanges is the confluence of Salt Lick Gulch and the Blue River, in the SW1/4 SE1/4 of Section 12, T.5.S., R.78 W. of the 6 th P.M., Summit County, Colorado, at a point approximately 995 feet from the South line and 2305 feet from the East line of said Section 12. ii. Source of Water for Exchanges. The substitute/replacement source for the Exchanges is water from three sources: a. Water stored in Clinton Gulch Reservoir, pursuant to Applicant s shares in the Clinton Ditch & Reservoir Company. The water right for Clinton Gulch Reservoir was initially decreed by the District Court in and for Water Division No. 5 in Case No. W-2559 for 4,250 acre feet for industrial, domestic, irrigation, recreation, and fish and wildlife propagation uses. An additional right was subsequently decreed in Case No. 92CW65 for an enlarged use and second filling for domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and wildlife propagation, and augmentation purposes. The Clinton Gulch Reservoir is operated pursuant to and entitled to the benefits of the Clinton Reservoir-Fraser River Water Agreement dated July 21, 1992 (the Clinton Agreement ) between Summit County, Denver Water, and other parties. The source of Clinton Gulch Reservoir is Clinton Creek, tributary to Ten Mile Creek, a tributary of the Blue River, and the dam is located at a point in the SW1/4 NW1/4 of Section 25, T.7.S., R.79W., 6 th P.M. at a point whence the North quarter corner of said Section 25 bears N E feet. As the owner of 1,550 shares of stock in the Clinton Ditch & Reservoir Company, Summit County is entitled to the annual release of 155 acre feet of water from Clinton Gulch Reservoir. Additional shares of stock in the Company that are now owned by Summit County are not a decreed source of the Exchanges and are not subject to this application. b. Water stored in Dillon Reservoir, to which the applicant is entitled pursuant to agreements between the Applicant and Denver Water. The storage right was decreed by the District Court of Summit County, Water District No. 36, in Civil Action Nos and 1806, dated March 10, 1952, and confirmed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, dated October 12, 1955, in the amount of 252,678 acre feet for irrigation and municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns and grounds. The sources of water stored in Dillon Reservoir are the Blue River, the Snake River, and Ten Mile Creek, all tributaries of the Colorado River. A refill right for the Dillon Reservoir was adjudicated in Case No. 87CW376, District Court in and for Water Division No. 5, dated February 13, 1997, in the amount of 175,000

9 PAGE 9 acre feet for all municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns and grounds, and flood control. Summit County is entitled to acre feet of said Dillon Reservoir storage water pursuant to Paragraph 6(b) of the agreement dated September 18, 1985 between Summit County and Denver Water, as amended by letter agreement dated November 13, 1986 (the Summit County Agreement ), recorded at Reception No of the Summit County real property records. In addition, pursuant to the Clinton Agreement and to the Future Dillon/6(B) Agreement dated December 3, 2003 between Summit County and Denver Water, Summit County has converted acre feet of the water available to it under the Summit County Agreement to Dillon Reservoir storage water. The release of the Applicant s Dillon Reservoir water for exchange use under this Ruling and Decree is subject to the Applicant s compliance with the relevant requirements of the Clinton Agreement, the Summit County Agreement, and the Future Dillon/6(b) Agreement. Denver Water will not release from Dillon Reservoir for use in the Exchanges any water described in this paragraph 3.C.ii.b that, during the same water year, has been specifically committed, and is necessary, to replace upstream out-of-priority depletions to Dillon Reservoir pursuant to the Applicant s augmentation plan decree in Case No. 95CW122, Water Division No. 5. Additional water stored in Dillon Reservoir to which Summit County is entitled pursuant to other agreements with Denver Water is not a decreed source of the Exchanges and is not subject to this application. c. Water stored in the West Slope Account of the Upper Blue Reservoir, to which Applicant may be entitled pursuant to the terms of the May 15, 2003 Memorandum of Agreement between Applicant, Colorado Springs Utilities, and other parties, subject to the terms of any decree that may be entered in Case No. 03CW320, Water Division No. 5; and one or more contracts between Applicant and the Colorado River Water Conservation District. Summit County is entitled to contract for the release of up to 100 acre feet of said Upper Blue storage water pursuant to the aforementioned Agreement. The dam of Upper Blue Reservoir is located across the channel of the Blue River, a natural stream, tributary to the Colorado River in Water District No. 36. The initial point of survey is located a point whence the Northeast corner of Section 3, Township 8 South, Range 78 West of the 6th Principal Meridian bears North East 3,728 feet. Water exchanged from this source may include reusable effluent and return flows from the use of this water by the County or its contractees. D. Appropriation date: December 11, E. Amount: 8 c.f.s., conditional, with a total volumetric limit on the exchange of 388 acre feet per year, conditional. F. Use: The water diverted by exchange will be used for municipal, domestic, commercial, irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, and wildlife watering, with the right of reuse, successive use, and disposition to extinction. Use of the water right for augmentation shall only occur pursuant to a substitute supply plan approved by the State Engineer or a plan for augmentation approved by the Water Court. 4. Terms and conditions. Applicant s operation of the Exchanges shall be subject to the following additional terms and conditions: A. Live stream. The Exchanges may be operated only when there is a live surface stream within the entire applicable exchange reach; provided, however, that the Exchanges can call out any diversions junior to such exchanges to maintain a live stream. B. Amount of exchange/transmission losses. The amount of water diverted by exchange by Summit County shall be equal to the amount of water released for replacement, less a reasonable deduction for loss, if any there be, to be determined by the State Engineer pursuant to C.R.S The Exchanges shall be limited to the amount of consumable water available from the sources listed in paragraphs 6.B.i-iii, not to exceed 8 c.f.s. at any time, and 388 acre feet annually. C. Water quality. The replacement water shall be of a quality and continuity to meet the requirements of use to which the senior appropriation involved in the exchange has normally been put. D. Accounting. Applicant, either individually or as a member of the Old Dillon Reservoir Water Authority ( Authority ), shall install and properly maintain at Summit County s or the Authority s expense such meters or other measuring devices as may be reasonably required by the Division Engineer. The Authority, on behalf of Summit County, shall maintain accurate accounting on a daily basis of all water exchanged pursuant to the Decree and submit reports as reasonably requested by the Division Engineer, but no less frequently than annually. E. Accounting Year. The accounting year for administration of the water rights adjudicated in the Decree shall be April 1 through March 31 of the following year, unless modified by agreement of the Applicant and Division Engineer. F. Notification. Applicant shall notify the Water Commissioner and Denver Water prior to initiating and terminating the Exchanges. 5. Limitations on use of water. In accordance with a stipulation between Summit County and the Upper Blue Sanitation District ( the District ) in Case No. 07CW226, the appropriative rights of exchange adjudicated in the Decree are subject to the following limitations: A. The Decree does not adjudicate any right of exchange from Old Dillon Reservoir to points located in the Blue River basin upstream of Dillon Reservoir. B. Summit County will not use water stored in Old Dillon Reservoir pursuant to the appropriative rights of exchange that are the subject of the Decree as a source of the rights of exchange to any point of diversion or depletion in the Upper Blue River basin and Swan River basin that were adjudicated in paragraphs 6.a.(i)-(iv) and 6.b.(i)-(iv) of the Summit County plan for augmentation in Case No. 95CW122, Water Division No. 5, on May 10, Summit County will not use water stored in Old Dillon Reservoir pursuant to the appropriative rights of exchange that are the subject of the Decree as a source of replacement water for any diversion or depletion in the Swan River basin or the Upper Blue River basin above Dillon Reservoir unless a separate right of exchange of such water has been adjudicated in accordance with subparagraph C below. C. Any use of water stored in Old Dillon Reservoir pursuant to the appropriative rights of exchange that are the subject of the Decree as a source of exchange or replacement water for any diversion or depletion in the Swan River basin or the Upper Blue River basin above Dillon Reservoir will be: (a) the subject of a separate water court application, which the District would have an opportunity to oppose; and (b) junior in priority to (1) the minimum stream flow water rights held by the Colorado Water Conservation Board in the Blue River and (2) the District s water rights decreed in Case Nos. 92CW300 and 96CW255. Any such exchange or replacement must provide the replacement water in the time, place and amount to prevent injury to any senior water right. 6. Evidence of Reasonable Diligence: The Exchanges are part of an integrated system for supplying the water demands of Summit County. Other elements of