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.

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. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of July 2003. 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: 1) Case No. 03CW149, Robert Howell, 537 Kalamath Street, Denver, CO 80204; Application for Surface Water Rights: STEUBEN CREEK. Located NE ¼ NE ¼ Section 22, Township 49 North, Range 2 West, N.M.P.M. Distance from section lines: 20 feet from north and 1015 feet from east. Source of Water: Gunnison River. Decree for 1 c.f.s. absolute; Appropriation Date: 07/01/2003; Use: Domestic (lawn and garden). GUNNISON COUNTY. 2) Case No. 03CW150 (Ref. N. 86CW02); Ronald G. and Karen J. Blue, (primary residence) 8908 Hirning Road, Lenexa, KS 66220 (913) 888-3243; (Colorado residence) 111 Porpenn, P.O. Box 101, Pitkin, CO 81241 (970) 642-0305; Application for Change of Water Right: PORPHYRY NO. 8 SPRING AND PIPELINE. Located at a point in NE ¼ of the NW ¼ of Section 9, Township 50 North, Range 4 East of N.M.P.M. which is 100 feet from the north line. Decreed point of diversion: Diversion at the spring origination of the source. Proposed change: To water rights granted in Case No. 86CW02 are as follows: a. transfer ownership of water rights to Ronald G. Blue and Karen J. Blue as conveyed by Quit Claim Deed dated August 14, 1997. b. delete limitation of 100 days usage during summer season, water will be used for household and domestic purposes at house located on Porphyry #8 claim year round. c. change total usage allowed from 200 gallons per week to.033 c.f.s. Measurement of flow indicated at least.43 c.f.s. flow. Change in point of diversion: NE ¼ NW ¼ Section 9, Township 59 North, Range 4 East, N.M.P.M. Distance from section lines: 100 feet from north and 1800 feet from west. Source of Water: Tributary to Armstrong Gulch, which is tributary of Quartz Creek, Tomichi Creek and Gunnison River. GUNNISON COUNTY. 3) Case No. 03CW151 (Case No. 149 P23), Lazy V.S. Partnership, 17269 Highway 550, Montrose, CO 81401; Application for Change of Water Right: BEATON CREEK. Source of Water: Uncompahgre River. Proposed Change: Determine storage amounts and location Buckhorn Reservoir No. 1 (Upper) 70 a.f. capacity. Location NW ¼ Section 16, Township 47 North, Range 7 West, N.M.P.M. Distance from section lines: 1886 feet from north and 1175 feet from west. Buckhorn Reservoir No. 2 (Lower) 155 a.f. capacity. Location SW Section 9, Township 47 North, Range 7 West, N.M.P.M. Distance from section lines: 355 from south and 1463 feet from west. Historic use: Irrigation. MONTROSE COUNTY. 4) Case No. 03CW152 (Ref. Nos. 96CW209 and 90CW65); Raymond R. Middleton, P.O. Box 3113, Montrose, CO 81402; Application for Finding of Diligence: PILOT MINE PUMP. Located SW corner of Section 13, Township 46 North, Range 14 East, N.M.P.M. Distance from section lines: Bears 19º west 800 feet. Source of Water: San Miguel River. Decree for.334 c.f.s.; Appropriation date: January 24, 1991; Use: Industrial Ore Processing. Detailed outline of what has been done toward completion or 1

for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Newmin mining receives beneficial use of.334 c.f.s. water from the San Miguel River, so that precious metal mining can be conducted at the Panther No. 1 Mine site. $136.00. MONTROSE COUNTY. 5) Case No. 03CW153, Carl L. and Ruth Marie Long, 310 Park Drive, Gunnison, CO 81230; Application for Surface Water Rights: LONG PUMP. Located NE ¼ SE ¼ of Section 3, Township 49 North, Range 1 West, N.M.P.M. Distance from section lines: 2329 feet from south and 492 feet from east. Source of Water: GUNNISON RIVER. Decree for 8 g.p.m.; Appropriation date: January 22, 1980; Use: Domestic (lawn watering). GUNNISON COUNTY. 6) Case No. 03CW154, Ivy Piloni, 5100 County Road 818, Gunnison, CO 81230; Application for Surface Water Rights: IP SPRING NO. 1 - located SE ¼ NE ¼ of Section 5, Township 50 North, Range 1 West, N.M.P.M. Distance from section lines: 2078 feet from north and 2123 feet from west. IP SPRING NO. 2 located SE ¼ NE ¼ of Section 5, Township 50 North, Range 1 West, N.M.P.M. Distance from section lines: 2206 feet from north and 2132 feet from west. IP SPRING NO. 3 located SE ¼ NE ¼ of Section 5, Township 50 North, Range 1 West, N.M.P.M. Distance from section lines: 2136 feet from north and 2029 feet from west. Source of Water: Gunnison River. Decree for 0.016 c.f.s. each spring absolute; Appropriation date: Spring 1983; Use: Livestock, irrigation and domestic. GUNNISON COUNTY. 7) Case No. 03CW155 (Ref. NO. 96CW226), Sharrie J. Turner, 65546 Solar Road, Montrose, CO 81401; Application to Make Absolute: TURNER DITCH NO. 2. Located in Section 21, Township 48 North, Range 9 West, N.M.P.M. Distance from section lines: 1700 feet from north and 1800 feet from west. Source of Water: Dolores Creek. Decree for 0.20 c.f.s. absolute; Appropriation date: August 15, 1996; Use: Irrigation and stock water. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Develop livestock watering pond $3,00.00 and fence pasture livestock - $500.00. MONTROSE COUNTY. 8) Case No. 03CW156, Pine Grove Patio Homes Association, c/o Tom Marshall, 100 Shavano Drive, Gunnison, CO 81230; Application for Surface Water Rights: KEMEL-OWENS DITCH. Located NW ¼ of Section 10, Township 49 North, Range 1 West, N.M.P.M. Distance from section lines: 150 feet from north and 2400 feet from west. Source of Water: Gunnison River. Decree for ½ a.f. absolute; Appropriation date: May 5, 2000; Use: Lawn irrigation. GUNNISON COUNTY. 9) Case No. 03CW157, Shirley Ritter Sharpe, 358 Camino del Rio, Gunnison, CO 81230; Application for Surface Water Rights: HOME. Located NW ¼ NE ¼ of Section 10, Township 49 North, Range 1 West, N.M.P.M. Distance from section lines: 1200 feet from north and 2000 feet from east. Source of Water: GUNNISON RIVER. Decree for.0033 c.f.s. absolute; Appropriation date: 1980. Use: Landscape. GUNNISON COUNTY. 10) Case No. 03CW158, Richard J. and Donna S. Rozman, 24053 Highway 135, P.O. Box 956, Crested Butte, CO 81224; Application for Surface Water Rights: SISSON PUMP. Located NE ¼ SW ¼ of Section 18, Township 14 South, Range 85 West, 6 th P.M. Distance from section lines: 2550 feet from 2

south and 2200 feet from west. Source of Water: Slate River. Decree for.05 c.f.s. absolute; Appropriation date: November 1993; Use: Irrigation of 2.5 acres. GUNNISON COUNTY. 11) Case No. 03CW159, Victor and Janith Bowman, 407 Rainbow Drive, Almont, CO; Application for Water Rights: PUMP GUNNISON RIVER. Located SW ¼ SE ¼ of Section 22, Township 51 North, Range 1 East, N.M.P.M. Distance from section lines 500 feet from south and 2100 feet from east. Source of Water: Gunnison River. Decree for.5 a.f.; Appropriation date: July 21, 2003; Use: Lawn irrigation. GUNNISON COUNTY. 12) Case No. 03CW160 (Ref Nos. 97CW03, 89CW237, 96CW216 and 00CW204), Donald K. Stephens, Gary W. Stephens, and Lynn Green, 21671 Government Springs Road, Montrose, CO 81401, (970) 240-4051 and 209-6104; Application to Make Absolute: EAGLES REST PIPELINE AND EAGLES REST RESERVOIR NO. 1 AND HIGH PARK SPRING NO. 2. Eagles Rest Pipeline Located in NW ¼ NE ¼ of Section 31, Township 47 North, Range 6 West, N.M.P.M., North 80x 23 west 452.26 feet from the south ¼ corner of Section 31. Eagles Rest Reservoir No. 1 Located SE ¼ SE ¼ of Section 31, Township 47 North, Range 6 West, N.M.P.M., North 76x20 33 west 934.48 feet from the southeast corner of Section 31. High Park Spring No. 2 Located SW ¼ NW ¼ SW ¼ of Section 36, Township 47 North, Range 7 West, N.M.P.M. Distance from section lines 400 feet east of west section line and 3550 feet south of the north section line. Source of Water: Gunnison River. Decree for Eagles Rest Pipeline -.25 c.f.s. and Eagles Rest Reservoir No. 1 -.11 c.f.s.; Appropriation date: Eagles Rest Pipeline Summer 1989 and Eagles Rest Reservoir No. 1 November 1994; Use: Fire Prevention, Stock, Piscatorial and Domestic. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Installed 1500 feet of underground pipe which empties into reservoir. Installed 4000 of fire system $10,000.00 expenses allocated in 1990-1993 installation period. Installed 7000+ feet of 2 line from spring to storage facilities, pond, etc. This was installed in 2002 in row inspected and passed by BLM. Water applied to beneficial use: A. Date: Summer 1990; Amount:.25 c.f.s. and 5 ac storage; Use: Fire prevention, stock, piscatorial and domestic supplement. B. Description of place of use where water is applied to beneficial use: Eagles Rest Subdivision and Big Cimarron. GUNNISON COUNTY. 13) Case No. 03CW161, Byllye Ruth Peterson, 2258 R Road, Box 518, Cedaredge, CO 81413; Application for Surface Water Rights: PETERSON/HOFFMAN SPRINGS 4 THROUGH 9. Located in Section 30, Township 13 South, Range 94 West, 6 TH P.M. Distance from section lines: POINT NAME DISTANCE FROM NORTH DISTANCE FROM WEST RP10 30 1371 RP9 30 1870 RP8 30 2173 RP7 30 2547 RP6 30 3295 RP5 30 3776 3

RP4 30 4025 Source of Water: GUNNISON RIVER. Decree for.35 c.f.s. each absolute; Appropriation date: 1895; Use: Irrigation. DELTA COUNTY. 14) Case No. 03CW162, Robert B. Wattles, 4359 County Road 10, Gunnison, CO 81230; Application for Surface Water Rights: WATTLES PUMP. Located SE ¼ NW ¼ of Section 8, Township 50 North, Range 1 East, N.M.P.M. Distance from section lines: 2580 feet from south and 1884 feet from west. Source of Water: Gunnison River. Decree for 0.10 c.f.s. absolute; Appropriation date: 5/01/83; Use: Irrigation of lawn. GUNNISON COUNTY. 15) Case No. 03CW163, Nick Lypps and Mary Frame, 2792 Highway 135, Gunnison, CO 81230; Application for Surface Water Rights: HOLLY TAKEOUT. Located SW ¼ NE ¼ of Section 24, Township 50 North, Range 1 West, N.M.P.M. Distance from section lines: 78 feet from south and 30 feet from east. Source of Water: Gunnison River. Decree for.0033 c.f.s. absolute; Appropriation date: June 2001; Use: Domestic (lawn). GUNNISON COUNTY. 16) Case No. 03CW164, Alkali Creek, tributary to the Uncompahgre River. Application for Finding of Reasonable Diligence and to Make Water Rights Absolute in Part. Applicants, Steven S. Baker and Pamela L. Baker, 415 Cty. Rd. 12, Ridgway, CO 81432, Ph: 970-626-5571, Ph: 941-625-9565, c/o David P. Jones, Esq., Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602, Ph: 970-945- 6546, Fax: 970-945-8902. Name of structures: Roberts Domestic Pipeline and Baker Lake. Applicants request a finding of reasonable diligence and to make water rights absolute in part for the water rights described herein. In the 6 years preceding the filing of the Application, Applicants have diligently pursued development of the subject water rights. The application on file with the Ct. contains a detailed outline of the work performed during the diligence period. Info. from Original Decree: Date of Decree: 7/8/97, as amended. Case No.: 96CW204. Ct.: Water Div. 4. Roberts Domestic Pipeline Legal Description: A point of diversion located in the NE1/4 SW1/4 SW1/4, Sec. 26, T. 46 N., R. 8 W., N.M.P.M., at a point from whence the SW corner of said Sec. 26 bears S. 55 deg. 13' W., a distance of 1,596 ft. Source: Alkali Creek, tributary to the Uncompahgre River. Date of appropriation: 12/5/96. Amt.: 0.15 c.f.s. absolute for fish culture, wildlife and recreation; and 0.35 c.f.s. conditional for irrigation of 16 acres, fish culture, wildlife and recreation. Remarks: The Roberts Domestic Pipeline was originally decreed 12/13/71 in Case No. W-346 for 0.15 c.f.s. absolute for irrigation and domestic uses with a 5/1/71 appropriation date. Case No 96CW204 was adjudicated, inter alia, to add uses of fish culture, wildlife and recreation. The 0.15 cfs absolute granted by the 96CW204 decree for said uses are in addition to the absolute uses of domestic and irrigation granted for said structure in Case W-346. Baker Lake: Legal Description: Located in the SW1/4 SW1/4 SW1/4, Sec. 26, T. 46 N., R. 8 W., N.M.P.M., at a point from whence the SW corner of said Sec. 26 bears S. 69 deg. 15' W., 792 ft. Source: Alkali Creek (via the Roberts Domestic Pipeline), tributary to Uncompahgre River. Date of appropriation: 12/5/96 Amt.: Storage of 6 a.f., absolute, for fish culture, wildlife, recreation and irrigation purposes; and storage of 6.3 a.f., conditional, for the stated purposes. Description of Place of Use Where Water is Applied to Beneficial Use: Applicants own approximately 80 acres of land located in the E1/2 SW1/4, Sec. 26, T. 46 N., R. 8 W., N.M.P.M., Ouray Cty., CO. The area irrigated lies in the S1/2 SW1/4 SW1/4,Sec. 26, T. 46 N., R. 8 W., N.M.P.M. Name and address of owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicants. Wherefore, Applicants pray for a decree 4

granting the following relief: An absolute water right for Roberts Domestic Pipeline in the amt. of 0.35 c.f.s. for irrigation; A finding of reasonable diligence for Roberts Domestic Pipeline in the amt. of 0.35 c.f.s. for fish culture, wildlife and recreation; A finding of reasonable diligence for Baker Lake in the amt. of 6.3 a.f. for fish culture, wildlife, recreation and irrigation uses. OURAY COUNTY. 17) Case No. 03CW165, Tom and Gail Dooley, 1120 Laughing Dog Road, P.O. Box 468, Placerville, CO 81430-0468; Application for Storage Water Rights: DOOLEY SPRING NO. 2 AND DOOLEY POND NO. 2. Located SE ¼ SE ¼ of Section 9, Township 43 North, Range 11 West, N.M.P.M. Distance from section lines Dooley Spring No. 2 2000 from the west and on the south section line and Pond No. 2 1050 from south and 150 from west. Source of Water: San Miguel River. Decree for 0.5 c.f.s. conditional; Appropriation date: 7/24/03; Use: Livestock. SAN MIGUEL COUNTY. 18) Case No. 03CW166, Thomas E. Chapman, P.O. Box 220, Cory, CO 81414; Application for Surface Water Rights: Application for Surface Water Rights: CHAPMAN SPRING NO. 1. Located NE ¼ of the NW ¼ of Section 6, Township 13 South, Range 88 West, 6 th P.M. Distance from section lines: 500 feet from north and 2600 feet from west. Source of Water: Gunnison River. Decree for.033 c.f.s. conditional; Appropriation date: July 19, 2003; Use: In-house domestic, irrigation lawn and garden. GUNNISON COUNTY. 19) Case No. 03CW167, Neil and Cheryl Grossman, 4414 County Road #10, Gunnison, CO 81230; Application for Surface Water Rights: ERIC CANAL. Located SE ¼ NE ¼ of Section 8, Township 50 North, Range 1 East, N.M.P.M. Distance from section lines: 2041 feet from north and 1314 feet from east. Source of Water: Gunnison River. Decree for.03 c.f.s. absolute; Appropriation date: 1950; Use: Irrigation. GUNNISON COUNTY. 20) Case No. 03CW168, Nick H. Gray, 584 6530 Road, Montrose, Colorado 81401 Telephone: (970) 249-9436, Victor T. Roushar, #1941, WOODROW & ROUSHAR, P.O. Box 327, Montrose, Colorado 81401, Telephone: (970) 249-4531. For change of point of diversion. STRUCTURES: Change from the Brown Ditch headgate to the Schildt-Brown Ditch headgate. LOCATION: The Brown Ditch Point of Diversion is a Ditch Headgate situated in the NE¼ NW¼ of Section 28, Township 48 North, Range 6 West, New Mexico Principal Meridian, Montrose County, State of Colorado, more particularly described as follows: Commencing at the N¼ corner (N.E. corner NE¼ NW¼) of said Section 28; Thence S 75 29' E 750.00 Ft. to the Point of Diversion of the Brown Ditch according to the original Brown Ditch plat thereof. The Schildt-Brown Ditch Point of Diversion is a Ditch Headgate situated in the SE¼ SW¼ of Section 28, Township 48 North, Range 6 West, New Mexico Principal Meridian, Montrose County, State of Colorado, more particularly described as follows: Commencing at the S¼ corner (S.E. corner SE¼ SW¼) of said Section 28; Thence N 24 30' W 887.00 Ft. to the point of diversion of the Schildt- Brown Ditch according to the original Schildt-Brown Ditch plat thereof. SOURCE: The Big Cimarron River. QUANTITIES: Amount: 0.92 c.f.s. APPROPRIATION DATE: May 30, 1893 originally adjudicated March 28, 1904. TYPE OF USE: Irrigation and stock water. TYPE OF STRUCTURE: Irrigation ditch. ADDITIONAL INFORMATION: Applicant desires to change the point of diversion and abandon the use of the Brown Ditch headgate. The acreage to be irrigated is approximately 60 acres, there are no intervening diversion structures between the Brown Ditch headgate and the Schildt-Brown Ditch headgate, there will be no increase in consumptive use, no change in type of use and the return flow in each instance will be back to the Big Cimarron River. MONTROSE COUNTY. 5

21) Case No. 03CW169, Uncompahgre River, Water Division 4, Town of Olathe, PO Box 789, Olathe, Colorado 81425, 970-323-5601. C/O John R. Kappa, Olathe Town Attorney, P.O. Box 790, 970-240-1440. Application for Findings of Reasonable Diligence. Citizen s Reservoir enlargement, aka Olathe Reservoir No. 2. Legal Description: In the SW1/2, Section 20, Township 48 N, Range 11W, NMPM, Montrose County, Colorado. The initial point of survey of the dam of said reservoir is at a point whence the S1/4 corner of Section 20, T48N, R11W, NMPM bears S 40 deg 10 E, 2030 feet. Source: Gooseberry Creek and the West Fork of Dry Creek, tributary to the Uncompahgre River. Amount: 64 Acre feet. 58.67 acre feet previously made absolute. Use: Municipal Purposes, municipal water supply. Type of Structure: Reservoir. A detailed description of the activities claimed in support of due diligence: During the Period from July 1997 through July 2003, the Town, utilizing Town employees, has performed substantial repair, development and maintenance activities related to the Reservoir, and incurred costs for equipment, supplies and payroll. Approximately $17, 346 of such costs were incurred in the period of September 2002 to July 2003, a substantial potion of which funded construction of approximately 2500 feet of a new road, which when completed will extend from the Reservoir to two springs located on a hill above the reservoir The road will enable the Town to clean the springs and develop the spring flow into the reservoir from such springs, to enhance filling of the reservoir, to help ensure that an enlarged reservoir could actually fill. Such work also included improvements to the existing pipeline intake line and headgate to help increase inflow, thereby improving the ability to fill an expanded reservoir. MONTROSE COUNTY. 22) Case No. 03CW170, Frank J. Oyster and Carol L. Oyster, 2790 Highway 135, Gunnison, CO 81230; Application for Surface Water Rights: FRANK S PUMP. Located SW ¼ NE ¼ Section 24, Township 50 North, Range 1 West, N.M.P.M. Distance from section lines: 1566 feet from north and 1761 feet from east. Source of Water: GUNNISON RIVER. Decree for.033 c.f.s. absolute; Appropriation date: Spring 1981; Use: Irrigation. GUNNISON COUNTY. 23) Case No. 03CW171, Randy and Linda Rich, 1600 Elk Ridge Trail, Ridgway, CO 81432; Application for Surface Water Rights: GREEN MEADOW SPRING. Located NW ¼ of the SE ¼ of Section 10, Township 44 North, Range 8 West, N.M.P.M. Distance from section lines: 2125 feet from north and 2500 feet from east. Source of Water: Uncompahgre River. Decree for.03 c.f.s. conditional; Appropriation date: 07/01/2003; Use: Fire protection, Wildlife, Stock, Fishing and Domestic. OURAY COUNTY. 24) Case No. 03CW172, Randy and Linda Rich, 1600 Elk Ridge Trail, Ridgway, CO 81432; Application for Surface Water Rights: MACINTOSH SPRING. Located NW ¼ of the SE ¼ of Section 10, Township 44 North, Range 8 West, N.M.P.M. Distance from section lines: 1000 feet from south and 2125 feet from west. Source of Water: Uncompahgre River. Decree for.03 c.f.s. conditional; Appropriation date: 07/01/2003; Use: Fire protection, Wildlife, Stock, Fishing and Domestic. OURAY COUNTY. 25) Case No. 03CW173, Randy and Linda Rich, 1600 Elk Ridge Trail, Ridgway, CO 81432; Application for Surface Water Rights: PLUMMER S CREEK. Located NW ¼ of the SE ¼ of Section 10, Township 44 North, Range 8 West, N.M.P.M. Distance from section lines: 1700 feet from south and 2575 feet from east. Source of Water: Uncompahgre River. Decree for.04 c.f.s. conditional; 6

Appropriation date: 07/01/2003; Use: Fire protection, Wildlife, Stock, Fishing and Domestic. COUNTY. OURAY 26) Case No. 03CW174, Randy and Linda Rich, 1600 Elk Ridge Trail, Ridgway, CO 81432; Application for Surface Water Rights: GOLDEN RIDGE SPRING. Located NW ¼ of the SE ¼ of Section 10, Township 44 North, Range 8 West, N.M.P.M. Distance from section lines: 1750 feet from south and 2750 feet from east. Source of Water: Uncompahgre River. Decree for.03 c.f.s. conditional; Appropriation date: 07/01/2003; Use: Fire protection, Wildlife, Stock, Fishing and Domestic. OURAY COUNTY. 27) Case No. 03CW175, Randy and Linda Rich, 1600 Elk Ridge Trail, Ridgway, CO 81432; Application for Storage Water Rights: LAKE MACINTOSH. Located NW ¼ of the SE ¼ of Section 10, Township 44 North, Range 8 West, N.M.P.M. Distance from section lines: 2200 feet from south and 2000 feet from east. Source of Water: Uncompahgre River. Decree for 3 a.f. conditional; Appropriation date: 07/01/2003; Use: Fire protection, Wildlife, Stock, Fishing and Domestic. OURAY COUNTY. 28) Case No. 03CW176, Clifford R. Sayre and Estelle D. Sayre, 146 N. 15 th Avenue, West Bend, WI 53095, c/o Bob Tweedell, Brown, Schottelkotte & Tweedell, 550 Palmer Street, P.O. Box 43, Delta, CO 81416, 970-874-4451; Application to Make Absolute: SAYRE-DARROW WELL NO. 1, PPERMIT #172155 AND SAYRE SPRINGS 1-4. Sayre-Darrow Well No. 1 is located 500 feet from south line and 2,560 feet from west line of Section 36, Township 13 South, Range 94 West, 6 th P.M. Source of Water: Gunnison River. Decree for 15 gpm absolute; Date of original decree: July 8, 1997; Use: Domestic and Irrigation. Sayre Springs 1-4 - Spring No. 1 560 feet east of the west section line and 500 feet north of the south section line; Spring No. 2 2560 feet east of the west section line and 550 feet north of the south section line; Spring No. 3 2560 feet east of the west section line and 650 feet north of the south section line; Spring No. 4 2560 feet east of the west section line and 700 feet north of the south section line. All in Section 36, Township 13 South, Range 94 West, 6 th P.M. Source of Water: Gunnison River. Decree for.033 c.f.s. each; Appropriation date: April 30, 1995; Use: Fire protection, Wildlife, Stock water, Domestic, and Irrigation for one acre. DELTA COUNTY. 29) Case No. 03CW177, SURFACE CREEK, GUNNISON RIVER. Grand Mesa Water Conservancy District; Attn: C. Ward Armstrong, Secretary/Treasurer, P.O. Box 129, Cedaredge, CO 81413, (970) 856-7683 and North Fork Water Conservancy District, Attn: Tom Alvey, President, P.O. Box 217, Hotchkiss, CO 81419, (970) 872-2155; c/o Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Conditional water rights: The Grand Mesa Project Water Rights were originally adjudicated by decree entered on January 31, 1964, in Case No. 4808, Delta County District Court, with an appropriation date of June 15, 1961. Subsequent diligence and other decrees have been entered from time to time, as required by law, in the following cases filed in the District Court, Water Division No. 4: W-66; W-586; 80CW291; 84CW209; and 88CW169. Grand Mesa Project are described as follows: Gorsuch Reservoir, now re-named Cactus Park Reservoir: The Dam for Gorsuch Reservoir is located on an unnamed tributary of Currant Creek, tributary to the Gunnison River. The initial point of Survey of the high water line traverse of the dam is located at a point whence the quarter corner of Sections 23 and 24, Township 13 South, Range 94 West of the 6th P.M. bears South 7º East 1,450 feet. Its sources include such unnamed tributary and the Surface Creek Feeder Canal and Grand Mesa Canal, described below. 7

Amount: 29,000 acre feet. Gorsuch Feeder Canal, now Surface Creek Feeder Canal: This Canal has three headgates: (a) Headgate No. 1 is located at the terminus of Big Ditch, which diverts from Cottonwood Creek, tributary to the following: Ward Creek, Surface Creek, Gunnison River, at a point whence the southwest corner of Section 15, Township 13 South, Range 94 West of the 6th P.M. bears South 54º 15' East 17,400 feet. Amount: 75 c.f.s. (b) Headgate No. 2 is located on the east bank of Youngs Creek, tributary to the following: Kiser Creek, Ward Creek, Tongue Creek, Gunnison River, at a point whence the northeast corner of Section 15, Township 13 South, Range 94 West of the 6th P.M. bears South 52º 15' East 16,400 feet. Amount: 25 c.f.s. (c) Headgate No. 3 is located on the east bank of Surface Creek, at a point whence the southwest corner of Section 15, Township 13 South, Range 94 West, 6th P.M., bears South 56º 15' East 11,450 feet. Amount: 100 c.f.s. Gorsuch Outlet Canal, now Cactus Park Outlet Canal (Cedaredge Canal and Lower Redlands Lateral): Water will be released into this Canal from Gorsuch Reservoir, now the Cactus Park Reservoir, at the dam for the Reservoir. The location of headgate No. 1 is at a point on the outlet canal of said reservoir at a point whence the northwest corner of Section 23, Township 13 South, Range 94 West, 6th P.M. bears North 45º 30' West 5,750 feet. Capacity: 235 c.f.s. Electric Mountain Reservoir: The Dam for the Reservoir is located on West Muddy Creek, tributary to the following: Muddy Creek, North Fork of the Gunnison River, Gunnison River. The initial point of the survey of the high water line traverse of the dam is at a point whence the northeast corner of Section 7, Township 11 South, Range 90 West of the 6th P.M. bears South 82º 30' East 13,500 feet. Its sources include West Muddy Creek and the Hubbard Creek Feeder Canal, now Electric Mountain Feeder Canal, described below. Amount: 27,000 acre feet. Hubbard Creek Feeder Canal, now Electric Mountain Feeder Canal: This Canal has two headgates: (a) Headgate No. 1 is located on the north bank of Beaver Creek, tributary to the following: Cow Creek, West Muddy Creek, North Fork of the Gunnison River, Gunnison River, at a point whence the northeast corner of Section 6, Township 12 South, Range 91 West of the 6th P.M. bears South l2º West 20,600 feet. Amount: 20 c.f.s. (b) Headgate No. 2 is located on the east bank of Cow Creek, tributary to the streams described above, at a point whence the northeast corner of Section 6, Township 12 South, Range 91 West of the 6th P.M. bears South 15º 30' West 22,550 feet. Amount: 80 c.f.s. In addition to water diverted at Headgates Nos. 1 and 2, the canal intercepts unnamed small streams, rivulets, percolation, and seepage. Grand Mesa Canal: This canal starts at the outlet works of Electric Mountain Reservoir, and its terminus is at Gorsuch Reservoir, now Cactus Park Reservoir. Sources include small streams, rivulets, percolation, and seepage intercepted by the Canal, Electric Mountain Reservoir, and waters diverted at the following headgates: (a) Headgate No. 1 is located at the outlet canal from Electric Mountain Reservoir, at a point whence the northeast corner of Section 7, Township 11 South, Range 90 West, 6th P.M. bears South 86º 30' East 13,900 feet. (b) Headgate No. 1A is located on the west bank of Cow Creek, tributary to the streams described above, whence the northeast corner of Section 7, Township 11 South, Range 90 West, of the 6th P.M. bears North 56º East 16,200 feet. Amount: 50 c.f.s. (c) Headgate No. 2 is located on the west bank of the North Branch of Trail Creek, tributary to the following: West Muddy Creek, Muddy Creek, Gunnison River, whence the southwest corner of Section 31, Township 11 South, Range 90 West, 6th P.M., bears South 30º East 14,600 feet. Amount: 15 c.f.s. (d) Headgate No. 3 is located on the east bank of Trail Creek, tributary to the streams described above, from which the southwest corner of Section 31, Township 11 South, Range 90 West, 6th P.M. bears South 29º East 12,980 feet. Amount: 15 c.f.s. (e) Headgate No.4 is located on the west bank of Hubbard Creek, tributary to the following: North Fork of the Gunnison River, Gunnison River, whence the north east corner of Section 9, Township 12 South, Range 91 West, 6th P.M. bears South 22º 30' East 8,100 feet. Amount: 110 c.f.s. (f) Headgate No. 5 is located on the west bank of Big Alder Creek, tributary to the following: Hubbard Creek, North Fork of the Gunnison River, Gunnison River, whence 8

the southeast corner of Section 9, Township 12 South, Range 91 West of the 6th P.M. bears South 50º East 4,300 feet. Amount: 15 c.f.s. (g) Headgate No.6 is located on the west bank of Little Alder Creek, tributary to Big Alder Creek, which is tributary to the streams described above, whence the southeast corner of Section 9, Township 12 South, Range 91 West, 6th P.M., bears North 76º East 4,500 feet. Amount: 15 c.f.s. (h) Headgate No. 7A is located on the west bank of Cunningham Creek, tributary to the following: West Fork of Terror Creek, North Fork of the Gunnison River, Gunnison River, whence the northwest corner of Section 3, Township 13 South, Range 92 West, 6th P.M. bears South 66º West 10,900 feet. Amount: 35 c.f.s. (i) Headgate No. 7B is located on the east bank of the West Fork of Terror Creek, which is tributary to the streams described above, whence the northwest corner of Section 3, Township 13 South, Range 92 West of the 6th P.M. bears South 67º 30' West 8,250 feet. Amount: 50 c.f.s. (j) Headgate No.8 is located on the west bank of East Roatcap Creek, tributary to the following: Roatcap Creek, North Fork of the Gunnison River, Gunnison River, whence the northwest corner of Section 10, Township 13 South, Range 92 West of the 6th P.M., bears North 62º 45' West 6,500 feet. Amount: 15 c.f.s. (k) Headgate No. 9A is located on the east bank of West Roatcap Creek, tributary to Roatcap Creek, whence the northeast corner of Section 9, Township 13 South, Range 92 West, 6th P.M., bears North 75º 45' East 7,700 feet. Amount: 15 c.f.s. (l) Headgate No. 9B is located on the west bank of a tributary of West Roatcap Creek, whence the northeast corner of Section 9, Township 13 South, Range 92 West, 6th P.M., bears North 49º 30' East 5,100 feet. Amount: 15 c.f.s. (m) Headgate No.10 is located on the west bank of Leroux Creek, tributary to the following: North Fork of the Gunnison River, Gunnison River, whence the southwest corner of Section 9, Township 13 South, Range 93 West, 6th PM, bears North 15º West 4,800 feet. Amount: 260 c.f.s. Ward Creek Feeder Canal: This canal has the following headgates: Headgate No.1 on Ward Creek, 5 c.f.s.; Headgate No. 2 on Kiser Creek, 5 c.f.s.; Headgate No. 3 on Happy Hollow Gulch tributary, 2 c.f.s.; and Headgate No. 4 on Daisy Ditch, 2 c.f.s. Fruitgrowers Feeder Canal: Headgate No. 1 on Surface Creek, 20 c.f.s. Uses for the Grand Mesa Project Water Rights include irrigation, fishing, recreation, municipal, domestic, stock water, and storage. The Application contains a detailed outline of work that has been done toward or for completion of the appropriation of the water rights described in the Application. Each of the Grand Mesa Project Water Rights are components of a single, unified water system that will provide water for the development of property within the boundaries of the two Applicants. Accordingly, all work performed with respect to the development of each of the Grand Mesa Project Water Rights constitutes diligence toward development of all of the Grand Mesa Project Water Rights. Names and addresses of owners of land: United States Forest Service, Paonia Ranger District, P.O. Box 1030, Paonia, CO 81428; William A. Carsten, 226 Poplar Way, Hotchkiss, CO 81419; Heckler Trust, 3033 Bookcliff, Grand Junction, CO 81504; Charles T. Brandt, 316 Sopris Circle, Basalt, CO 81621; Johnson Hoehler Trust, c/o William D. Fairfield, Trustee, 199 S. Figuroa Street, Ventura, CA 93001; Donald Ray Henderson, 3100 Road, Hotchkiss, CO 81419; Louis S. Allison, 2880 County Road 39, Selma, Alabama 36701, Waibel Trust, 1969 2325 Road, Cedaredge, CO 81413; Rocky Mt. District of Assembly of God, 6295 Lehman Drive, Suite 202, Colorado Springs, Colorado 80218; Victoria M. Stanford-Mangano, c/o Wilma Stanford, 2393 S 25 Road, Cedaredge, CO 81413; and Vaughan Ranches, 1740 2725 Road, Cedaredge, CO 81413. DELTA COUNTY. 30) Case No. 03CW178; Peter D. Caloger, c/o John R. Hill, Jr., Bratton & McClow LLC, P.O. Box 669, Gunnison, CO 81230, Application for finding of reasonable diligence, Name of structure: HANNI HOMESTEAD RESERVOIR, Description of conditional water right: Conditional water right was originally decreed by this court in Case No. 95CW207 on July 8, 1997. The HANNI HOMESTEAD 9

RESERVOIR, located at a point in the NW¼SW¼ Section 30, Township 48 North, Range 4 East of the N.M.P.M. at a point 1445 feet from the south section line and 315 feet from the east section line of said Section 30, is decreed for 2.7 acre-feet out of Barrett Creek for domestic, stock water and irrigation with appropriation date of May 31, 1993. Detailed outline of what has been done toward completion or for completion of the appropriation and application of the water to beneficial use as conditionally decreed including expenditures: promptly after the decree was entered in 1997, applicant had a preliminary design of the dam made total cost of approximately $350, in 1998, Applicant purchased a crawler tractor, Caterpillar D-8 with bulldozer blade at a cost of $6,000, a tractor with loader attachment at a cost of $27,500, and a backhoe attachment for $4,500. This equipment is necessary for construction of the reservoir, in 1997 applicant excavated to determine the suitability of onsite materials for construction of dam, applicant is currently serving in the Merchant Marine and has frequent and long absences from Gunnison while at sea. Applicant has spent very little time in Gunnison area during construction season and none since 2000. Since May 2001 Applicant has been assigned in a ready reserve position on a ship with a mission from the Department of Defense. SAGUACHE COUNTY. 31) Case No. 03CW179. COTTONWOOD CREEK. Ms. Dana Ivers, c/o Patrick, Miller & Kropf, P.C., Scott C. Miller, Esq., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR CHANGE OF WATER RIGHT. Decreed name of structure for which change is sought: Davies Ditch. From previous Decree: Date entered: February 10, 1905, Case No. CA 1289, Water Division No. 4 (Water District 68). Decreed point of diversion: The headgate of the said Davies Ditch is on the south bank of Cottonwood Creek, at a point whence the NW Corner of the Uncompaghre Hot Springs Reserve bears South 50 East 1,830 feet distant, and thence runs in a general southeasterly direction to and upon the lands described as the S ½ of the SW ¼ of the SE qr. of Section 17 in T. 45 N of R. 8 W, NMPM, at a point whence the NW Corner of said Uncompahgre Hot Springs Reserve bears South 55 East 1155 feet distant. Source: Cottonwood Creek, Tributary to Uncompahgre River. Appropriation date: September 2, 1890. Amount: 0.25 cfs. Historic use: Irrigation of approximately 9 to 14 acres of land on the real property described on Exhibit A, on file with the Court, and located generally in the SW ¼ of the SE ¼ of Section 17, T. 45 N of R.8 W, NMPM. A copy of the Colorado Decision Support System structure summary for the Davies Ditch is Exhibit B, on file with the Court. Proposed change: Applicant seeks to change the point of diversion for the Davies Ditch to a new point of diversion at the Ivers Ditch located downstream from the Davies Ditch on Cottonwood Creek. There will be no change in use or change in the location and amount of land historically irrigated. Location: The proposed new point of diversion for the Davies Ditch is at the Ivers Ditch diverting from Cottonwood Creek in the SE ¼ of the SW ¼ of Section 17, T. 45 N, R. 8 W, NMPM, at a point 400 from the South section line and 1900 feet from the West section line. Use: Irrigation of 9 to 14 acres. Amount: 0.25 cfs. The name and address of owner of land on which new point of diversion is or will be located: County Road 5 Right-of-Way, Ouray County, 541 4 th, Ouray, CO 81427. OURAY COUNTY. 32) Case No. 03CW180, South Fork, San Miguel River. Applicant: The Telluride Preserve Homeowners Association, and its individual members: Mary and Paul Anderson; New Harbor Financial Group, c/o Roger Evans Hall; Frank Cicero, Jr. c/o Children s Trust; Nancy O. and Jerome B. Solar; A.L.A. Limited Liability Co. c/o Jonathan Aronson; Helene Hahn; Elizabeth R. and George F. Gage; Andre Schwartz; Daniel and Catherine Dyer; Mesa-Z Incorporated; Mary and Thomas Martin; and Paul F. Jacobson, Caloia, Houpt & Hamilton, PC, 1204 Grand Ave, Glenwood Springs, CO 81601 (970) 945-6067. Applicant requests a finding of reasonable diligence with respect to the following conditional water 10

rights: Structures: Preserve Well Nos. 2, 4, 5, 6, 8, 9, 10, 11.These wells were originally decreed in Case No. 86CW72 on May 5, 1987, in the District Court, Water Division 4, State of Colorado. By decree entered in Case No. 93CW103, the conditional water rights for these wells were continued in full force and effect. The locations of the wells were subsequently changed by decree entered in Case No. 00CW127 on March 15, 2001, in the District Court, Water Division 4, State of Colorado to conform to the actual physical locations of the structures. Locations of Preserve Well Nos. 2, 4, 5, 6, 8, 9, 10, 11, all located in T 42 N, R 9 W, NMPM, San Miguel County, CO: Preserve Well No. 2 - NE¼ SE¼, Sec 18, at a point 3,463.26 ft from the N Sec line and 615.85 ft from the E Sec line of said Sec 18. Preserve Well No. 4 - NE¼ SE¼, Sec18, at a point 3,407.43 ft from the N Sec line and 1,468.17 ft from the East Sec line of said Sec 18. Preserve Well No. 5 - SE¼ NE¼, Sec 18, at a point 2,609.33 ft from the N Sec line and 548.67 ft from the E Sec line of said Sec 18. Preserve Well No. 6 - SE¼ NE¼, Sec 18, at a point 2,176.53 feet from the N Sec line and 349.51 ft from the E Sec line of said Sec 18. Preserve Well No. 8 - NW¼ SE¼, Sec 18, at a point 2,969.67 ft from the N Sec line and 1,525.33 ft from the E Sec line of said Sec 18. Preserve Well No. 9 - SW¼ NE¼, Sec 18, at a point 2,282.14 ft from the N Sec line and 1,655.21 ft from the E Sec line of said Sec 18. Preserve Well No. 10 - SE¼ NE¼, Sec 18, at a point 1,854.81 ft from the N Sec line and 1,002.05 ft from the E Sec line of said Sec 18. Preserve Well No. 11 - SE¼ NE¼, Sec 18, at a point 1,551.71 ft from the N Sec line and 1,455.06 ft from the E Sec line of said Sec 18. Source of all wells: water trib to the South Fork, trib to the San Miguel River. Approp. Date for all wells: April 17, 1985. Decreed Amount: 15 g.p.m. (0.033 cfs) per well, cond. Use: Groundwater from the subject wells will be used for in-house domestic uses, with each well supplying up to two single family houses. Owners of lands upon which wells are located: Applicants. The Application includes an outline of the work performed during the diligence period. The Applicants also request that the cond water rights decreed to Preserve Well No. 2 be made absolute as follows Date water was applied to beneficial use: 3/15/96. Amount of water applied to beneficial use: 4.0 g.p.m. (annual amount diverted is 0.60 a.f.) Beneficial uses: domestic, in-house use only for up to two single family dwellings. Name and address of the owner of lands upon which the water applied to beneficial use: Lot 2, The Preserve, Telluride, Colorado; owned by New Harbor Financial Group, Attn: Roger Evans Hall, 1700 S. Dixie Hwy., Suite 400, Boca Raton, FL 33432. SAN MIGUEL COUNTY. 33) Case No. 03CW181, West Ridge Group LLC, Philip Anselmo, 101 S 3 rd Street, Montrose, CO 81401; Application for Water Storage Rights: HI-VU POND NO. 2 AND HI-VU POND NO. 3. Located in SE ¼ NE ¼ of Section 9, Township 46 North, Range 7 West, N.M.P.M. Distance from section lines Pond 2 2200 feet from north and 1000 feet from east and Pond 3 2200 feet from north and 30 feet from east. Source of Water: Uncompahgre River. Decree for Pond 2 1.14 absolute and Pond No. 3 -.56 absolute; Appropriation date for Pond 2 6-15-02 and Pond No. 3 6-15-98. Use: Irrigation, Domestic, Livestock, Stock water, Recreational, Garden and Piscatorial. OURAY COUNTY. 34) Case No. 03CW182, William F. Suhr, 7985 E. Bethany Place, Denver, CO 80231; Application for Surface Water Rights: SUHR PUMPHOUSE. Located NE ¼ SW ¼ of Section 15, Township 15 South, Range 84 West, 6 th P.M. Distance from section lines: 1388 feet from south and 1993 feet from west. Source of Water: Spring Creek tributary to Taylor River. Decree for.022 c.f.s. absolute; Appropriation date: May of 1948; Use: Domestic and Irrigation. GUNNISON COUNTY. 35) Case No. 03CW183 (WILL BE PUBLISHED IN SEPTEMBER) 11

36) Case No. 03CW184Trout Ranch LLC, c/o John H. McClow, Bratton & McClow, LLC, P.O. Box 669, Gunnison, Co 81230, (970) 641-1903. Application of Change of Water Rights. Name of structure: Lightley Ditch and Linton Enlargement of the Lightley Ditch. From previous decree: Date entered: September 14, 1906, Case No. 1325, Gunnison County District Court. Decreed of Point of Diversion: A point from which the North Center Corner of Section 33, Township 51 North, Range 1 East, N.M.P.M. bears N 25º W 925 feet (see map attached to filing). Source: Gunnison River. Appropriation date: April 30, 1902; amount 3.25 c.f.s. Historic use: Irrigation of 230 acres of land lying under said ditch. Proposed change: Applicant requests an alternate point of diversion for 2 c.f.s. of 3.25 c.f.s. decreed under Priority No. 151 at a point 650 feet from the North line, 1,369 feet from the East line, in the NW¼ NE¼ NE¼ of Section 4, Township 50 North, Range 1 East, N.M.P.M., to more efficiently irrigate the Applicant s crop on the same lands historically irrigated. Applicant is the owner of the land upon which any structure is or will be located and upon which water is or will be placed to beneficial use. GUNNISON COUNTY. 37) Case No. 03CW185, Gunnison River, Water District No. 4, Applicant: BB & KW, LLC, c/o Wilderson, O Hayre, Dawson & Frazier, P.C., 120 North Taylor - P.O. Box 179, Gunnison, Colorado 81230, (970) 641-3326;Type of Application: Application for Underground Water Right and for Approval of Plan of Augmentation, Name of Structures: Ohio Meadows Well Nos. 1-7; Location: NE1/4NE1/4 of Section 14 and NW1/4NW1/4 of Section 13, Township 50 North, Range 1 West, N.M.P.M. Drainage Basin: Ohio Creek, tributary to the Gunnison River. Quantity: 15 g.p.m. for each of 7 wells; Appropriation date: June 14, 2002; Use: domestic purposes for seven single family residences; irrigation of up to 2500 square feet of lawn and garden for each of the seven single family residences, for a total of 17,500 square feet of lawn and garden irrigation; watering of up to 2 horses for each of the seven single family residences for a total of 14 horses, and fire protection. Type of Structures: Wells; Augmentation Plan: 0.36 c.f.s. in priority 83 of the Gleason Ditch will be used to provide an augmentation water supply to the Property. Augmentation for the seven wells in the Ohio Meadows Filing No. 5 Subdivision will be provided by dry-up credits from acreage historically irrigated by the Gleason Irrigating Ditch. Dry-up credits will be obtained from 0.56 acres that will be dried up from the home sites and 1.94 acres that will be dried-up for roads and driveways totaling 2.5. The total consumptive use credits have been calculated to be 3.27 acre feet for the irrigation season of May 7 through October 4. During times of valid downstream senior calls in the months of May through September, out of priority depletions in the Ohio Meadows Filing No. 5 Subdivision will be replaced by consumptive use credits obtained from 2.5 acres retired from irrigation under the Gleason Irrigating Ditch, Priority No. 83. To augment the out of priority depletions at the Ohio Meadows Filing No. 5 Subdivision, 0.06 c.f.s. will be left in Ohio Creek and not diverted through the headgate of the Gleason Irrigation Ditch. A water service contract will be purchased from the U.S. Bureau of Reclamation or Upper Gunnison River Water Conservancy District for the purpose of non-irrigation season augmentation at the Ohio Meadows Filing No. 5 Subdivision. During times of valid downstream senior calls in the months of October through April, out of priority depletions in the Ohio Meadows Filing No. 5 Subdivision will be replaced by releases made from the water service contract. GUNNISON COUNTY. AMENDED/CORRECTED 38) Case No. 02 CW 287, CORRECTED APPLICATION. James O. Rollans, c/o Andrew A. Mueller, Reg. No. 26376, Tisdel, Hockersmith, Mueller & McIntosh, P.C., Attorney for Applicant, PO Box 646, Ouray, CO 81427, (970) 325-4414; Amended Application for Storage Rights. Name of Reservoir: 12

ROLLANS POND; Located in the NE1/4NW1/4, Section 13, T44N,R8W, N.M.P.M., 200 feet from the north section line and 1750 feet from the west section line of said section 13. The Smith Ditch will be used to fill this pond, the capacity of which will be 3.58 c.f.s. when the Applicant has completed the enlargement thereof. The point of diversion for the Smith Ditch is located in SW1/4NW1/4, Section 18, T44N,R7W,N.M.P.M approximately 2300 feet from the North and 500 feet from the west line of said section. CAUTION: This Township and Range has not been platted by the USGS and therefore quarter section, section and distance from section lines may not be accurate. Therefore, the accurate description to be relied upon is the description of the head gate as called out in the original adjudication as follows: The head gate is located on the North Bank of said Dexter Creek in Ouray County, at a point about 500 feet North 60 East of the quarter stake on the East line of Section 13, Township 44 North, of Range 8 West, N.M.P.M; Source: Dexter Creek, Tributary to the Uncompaghre River; Date of appropriation: July 2001; How appropriation was initiated: Pond was surveyed; date water applied to beneficial use: Conditional Use, July 2001; Amount claimed; In acre feet: 10 Acre feet conditional; Rate of diversion in cfs for filling the reservoir:.5 cfs Conditional; Use: Irrigation, Fire Suppression, Piscatorial, Recreational; Surface area of high water line:1.03 acres; Maximum height of dam in feet: n/a, Pond was excavated, there is no dam. Avg. Depth: 15 ft; Length of dam in feet: n/a; Total capacity of reservoir in acre feet: 10 Acre feet; Active capacity: 10 Acre Feet; Dead storage: None; Point of diversion for Smith Ditch is on land managed by the United States Forest Service. Jim Free, District Ranger, USFS Ouray District Ranger Office,2505 South Townsend Ave. Montrose, CO 81401;The place of storage and use is located on land owned by the Applicant; Remarks: This Amended Application is being submitted in order to correct the incorrect location of the Rollans Pond contained in the original application. The amended location is consistent with the findings of the Division Engineer. All other matters contained within the original application shall remain un-amended, including but not limited to the surface water right applied for therein. OURAY COUNTY. 39) Case No. 03CW138, Thomas L. Long, 21 South Lot, Montrose, CO 81401, c/o William A. Paddock, Esq., Carlson, Hammond & Paddock, LLC, 1700 Lincoln St., Suite 3900, Denver, CO 80203-4539, (303) 861-9000. Application for Water Storage Right: LONG POND 3. The dam is located in the NW1/4SE1/4 of Sec. 31, T49N R9W of the N.M.P.M., Montrose County, CO. The east abutment of the dam is located at a point S87º45'38" W a distance of 1,165.56 feet from the NE corner of the NW1/4SE1/4 of said Sec. 31, considering the north line of said NW1/4SE1/4 to bear N89º56'25" E. The remainder of the resume remains as published in the June 2003 resume. MONTROSE COUNTY. 40) Case No. 03CW140, Tom and Gail Dooley, P.O. Box 468, Placerville, CO 81430-0468; Amended Application for Storage Water Rights: DOOLEY POND NO. 1 AND DOOLEY POND NO. 2. Located SE ¼ SE ¼ of Section 9, Township 43 North, Range 11 West, N.M.P.M. Distance from section lines: 2700 feet from north and 800 feet from west. Source of Water: San Miguel River. Decree for 0.6 c.f.s. absolute; Appropriation date: June 1980; Use: Irrigation, Domestic, Livestock and Wildlife. SAN MIGUEL COUNTY. You are further notified that you have until the last day of September 2003, to file with the Water Clerk, in quadruplicate, 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 13

C.R.C.P. Rule 5. Clerk s Office). Filing fee - $70.00 (Statement of Opposition form may be obtained from the Water August 8, 2003 Valerie Inda, Water Clerk Division No. 4 1200 North Grand Avenue, Bin A Montrose, CO 81401 valerie.inda@judicial.state.co.us 14