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 May 2008. 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: CASE NO. 2008CW50. Applicant: Mark Miller, 49510 Highway 141, Gateway, CO 81522. Application for Surface Water Right: Diversion Point No. 1, North Area Diversion NE1/4SE1/4 of Section 35, T51N, R19W, NMPM. 1,400 feet from the south section line and 550 feet from the east section line. Source: Dolores River. Appropriation Date: 04/24/2008. Amount Claimed: 0.5 cfs conditional for dust control and material processing. Control dust during gravel mining and quarrying operations. Process sand, gravel and other earthen materials. Diversion Point No. 2, South Area Diversion NE1/4NW1/4 of Section 13, T50N, R19W, NMPM. 1,700 feet from the west section line and 1,000 feet from the north section line. Source: Cottonwood Creek and the Dolores River. Appropriation Date: 04/24/2008. Amount Claimed: 0.25 cfs conditional for dust control and material processing. Control dust during gravel mining and quarrying operations. Process sand, gravel and other earthen materials. MESA COUNTY. CASE NO. 2008CW51. Applicant: Whitewater Building Materials Corp., P.O. Box 1769, Grand Junction, CO 81502-1769. Application for Approval of Plan for Augmentation: Riddle Well SE1/4SW1/4 of Section 10, T2S, R1E, Ute PM. 93 feet from the south section line and 1,686 feet from the west section line. Source: Gunnison River. Appropriation Date: 04/15/1974. Amount claimed: 35 gpm. Decreed Use: Commercial and stockwater. Historic Use: Stockwater. Statement of plan for augmentation: Augmentation will be water purchased from the Wayne N. Aspinall Storage Unit, U.S. Bureau of Reclamation. DEPLETION TABLE FOR RIDDLE WELL, SECTION 10 UTE MERIDIAN, WHITEWATER, COLORADO: The following schedule is based on, Commercial 40 people 15 gal per day per 8 hour shift. Stockwater 200 head 11 gal per day per head. Month Commercial Stockwater Jan. 31 days 18,600 68,200 Feb. 28 16,800 61,600 Mar. 31 18,600 68,200 Apr. 30 18,000 66,000 May. 31 18,600-0- Jun. 30 18,000-0- Jul. 31 18,600-0- Aug. 31 18,600-0- Sep. 30 18,000-0- Oct. 31 18,600-0- Nov. 30 18,000 66,000 Dec. 31 18,600 68,200 Totals 219.000 398,200 617,200 gals. Per year = 1.9 acre feet per year

TRANSIT SCHEDULE FOR RIDDLE WELL, SECTION 10 UTE MERIDIAN, WHITEWATER, COLORADO. The following transit loss are based on loss and mileage figures of Water Division #4. Blue Mesa Reservoir to North Fork Gunnison River, 30.5 miles X 0.0015 = 0.046 acre feet. North Fork Gunnison River to Gunnison River, 17.3 miles X 0.0025 = 0.044 acre feet. Gunnison River to Whitewater, Colorado 43.7 miles X 0.005 = 0.22 acre feet. Whitewater, Colorado to Riddle Well, 2.0 miles X 0.005 = 0.01 acre feet. Totals 93.5 miles for a total loss of 0.32 acre feet per acre foot at Blue Mesa. MESA COUNTY. CASE NO. 2008CW52. MONTROSE COUNTY-In the Little Cimarron River, Tributary to the Gunnison River; Linda Vandehey, c/o Jenna H. Keller, Dufford, Waldeck, Milburn & Krohn, LLP., 744 Horizon Court, Suite 300, Grand Junction, Colorado, 81506, (970) 241-5500; APPLICATION FOR CHANGE OF WATER RIGHT;1. Name, mailing address, telephone number of Applicant: Linda Vandehey, P.O. Box 131, Cimarron, CO 81220, (970) 249-8579. APPLICATION FOR CHANGE IN POINT OF DIVERSION: 2. Decreed name of structure for which change is sought: Bruton Ditch No. 1, 3. Previous Decree: A. Original Decree: Bruton Ditch No. 1 is Ditch No. 219 entitled to Priority No. 344 absolute for 5.0 c.f.s. of water with an appropriation date of July 1, 1912 and decree date of July 2, 1937 by the District Court in and for Montrose County, Civil Action 6981. In Montrose County District Case No. 02 CV 174 ( 02 CV 174 ) the parties listed below ( Parties ) agreed to and executed an Agreement Regarding Water Rights Ownership and Use ( Agreement ) allocating ownership in the Bruton Ditch No. 1 as follows: Owner: Jack M. Perrin and Karen E. Perrin, Percentage: 39%, C.F.S.: 1.95; Owner: Linda Vandehey, Percentage: 32%, C.F.S.: 1.60; Owner(s): Larry Griffin and Linda Griffin, Percentage: 16%, C.F.S.: 0.80; Owner(s): George Basel, Kim Christensen, Roxanne L. Daymude, Emily H. Gomez Esquivel, Kathleen Manfred, Bradford L. Stratman, Gregory J. Stratman, Sandra Stratman aka Sandra J. Cosentino, Scott A. Stratman, Carolyn Fulmer and James Fulmer, Percentage: 13%, C.F.S.: 0.65. B. Decreed Point of Diversion: The original decreed point of diversion is located on the west bank of the Little Cimarron River at a point where the NW corner of Section 22, T48N, R6W, N.M.P.M. bears North 32 45 West a distance of 8460 feet otherwise stated as 1878 feet south of the north section line and 4746 feet east of the west section line in Section 27, T48N, R6W, N.MP.M. In Case No. 03 CW 251, District Court Water Division 4, State of Colorado, Jack Perrin and Karen Perrin were granted a change in the point of diversion for their 1.95 c.f.s. of the decreed 5.0 c.f.s. to the headgate of the Perrin Ditch, located on the West Bank of the Little Cimarron River in the NE¼NW¼NE¼ of Section 27, T48N, R6W, N.M.P.M., at a point 230 feet south of the north section line and 1380 feet west of the east section line. C. Source: Little Cimarron River tributary to the Gunnison River. D. Appropriation Date: July 1, 1912. Amount: 5.0 c.f.s. E. Historic Use: In order to resolve the easement issues associated with Bruton Ditch No. 1 in 02 CV 174, the Parties agreed that any Party with rights in the Bruton Ditch No. 1 may petition the water court for a change in point of diversion of their share in the Bruton Ditch No. 1. Furthermore, No Party shall object to such a request for a change in point of diversion. This request for a change in point of diversion is sought under the terms of that Agreement. 4. Proposed Change: Applicant seeks a change in the point of diversion for the 1.6 c.f.s. owned by her. This change in point of diversion is located at a place commonly known as the Peterson and Riley Ditch specifically described as at a point in Section 22, T48N, R6W, N.M.P.M., at a point 2657 feet south of the north section line and 2675 feet east of the west section. 5. Name and address of owner upon which change in point of diversion is located: Wayne D. Maurer and Charles L. Maurer, PO Box 649, 55800 Dalia Rd, Olathe, CO 81425. APPLICATION FOR ALTERNATE POINT

OF DIVERSION (Bruton Ditch No. 2) 6. Decreed name of structure for which change is sought: Bruton Ditch No. 2. 7. Previous Decree: A. Original Decree: Bruton Ditch No. 2 is Ditch No. 220 entitled to Priority No. 345 absolute for 1.0 c.f.s. of water with an appropriation date of July 1, 1912 and decree date of July 2, 1937 by the District Court in and for Montrose County, Civil Action 6981. In 02 CV 174 the Parties agreed to and executed the Agreement allocating ownership in the Bruton Ditch No. 2 as follows: Owner(s): Jack M. Perrin and Karen E. Perrin, Percentage: 25%, C.F.S.: 0.25; Owner(s): Linda Vandehey, Percentage: 17%, C.F.S.: 0.17; Owner(s): George Basel, Kim Christensen, Roxanne L. Daymude, Emily H. Gomez Esquivel, Kathleen Manfred, Bradford L. Stratman, Gregory J. Stratman, Sandra Stratman aka Sandra J. Cosentino, Scott A. Stratman, Carolyn Fulmer and James Fulmer, Percentage: 58%, C.F.S.: 0.58. B. Decreed Point of Diversion: The original decreed point of diversion is located on the west bank of the Little Cimarron River at a point where the NW corner of Section 22, T48N, R6W, N.M.P.M. bears North 34 15 West a distance of 5725 feet otherwise stated as 486 feet north of the south section line and 1903 feet west of the east section line in Section 22, T48N, R6W, N.M.P.M. In Case No. 03 CW 251, District Court Water Division 4, State of Colorado, Applicants Jack Perrin and Karen Perrin were granted an alternate point of diversion for their 0.25 c.f.s. of the decreed 1.0 c.f.s. to the headgate of the Perrin Ditch, located on the West Bank of the Little Cimarron River in the NE¼NW¼NE¼ of Section 27, T48N, R6W, N.M.P.M., at a point 230 feet south of the north section line and 1380 feet west of the east section line. C. Source: Little Cimarron River tributary to the Gunnison River. D. Appropriation Date: July 1, 1912. Amount: 1.0 c.f.s. E. Historic Use: The historical point of diversion for Applicant s interest in the Bruton Ditch No. 2 is the decreed point of diversion; however, since April 2004, Applicant has actually diverted at the location of the alternate point of diversion requested below. 8. Proposed Change: Applicant seeks an alternate point of diversion for the 0.17 c.f.s. owned by her. This alternate point of diversion is located at a point in Section 22, T48N, R6W, N.M.P.M., at a point as 956 feet north of the south section line and 2052 feet west of the east section line. 9. Name and address of owner upon which change in point of diversion is located: The change in point of diversion is located near the boundary of property owned by Jack Perrin and Karen Perrin, 131 Carlitos Ave. Grand Junction, CO 81501 and the Cimarron Springs subdivision (Little Cimarron Springs Homeowner s Association, P.O. Box 219, Cimarron, CO 81220) particularly Emily H. Gomez Esquivel, P.O. Box 356, Cimarron, CO 81220. (6 pages). MONTROSE COUNTY. CASE NO. 2008CW53. Applicant: Josh White, 7780 Bean Ranch Road, Whitewater, CO 81527. Application for Surface Water Right: Triple H Spring SE1/4SE1/4 of Section 5, T3S, R2E, Ute PM. 1,236 feet from the south line and 406 feet from the east section line. Source: Kannah Creek and the Gunnison River. Appropriation Date: 05/08/2008. Amount claimed:.033 cfs conditional for wildlife, stockwater and to irrigate yard when primary irrigation is inoperable. MESA COUNTY. CASE NO. 2008CW54. Applicant: Michael B. Simonds, 902 E. 13 th St., Delta, CO 81416. Application for Surface Water Right: Mama Fox Spring SE1/4NE1/4 of Section 25, T15S, R95W, 6 th PM. 2,187 feet from the north section line and 94 feet from the east section line. Source: Uncompahgre River. Appropriation Date: 01/02/2008. Amount Claimed: 1.0 c.f.s. conditional for irrigation of up to 70.69 acres in conjunction with Papa Fox Spring and the Baby Fox Spring, located within the 7 lots of the newly created 70.69-acre subdivision. Papa Fox Spring SE1/4NE1/4 of Section 25, T15S, R95W, 6 th PM. 2,113 feet from the north section line and 397 feet from the east section line. Source: Uncompahgre River. Appropriation Date: 01/02/2008. Amount Claimed:

0.50 c.f.s. conditional for irrigation of up to 70.69 acres in conjunction with Mama Fox Spring and the Baby Fox Spring, located within the 7 lots of the newly created 70.69- acre subdivision. Baby Fox Spring SE1/4NE1/4 of Section 25, T15S, R95W, 6 th PM. 2,343 feet from the north section line and 149 feet from the east section line. Source: Uncompahgre River. Appropriation Date: 01/02/2008. Amount Claimed: 0.5 c.f.s. conditional for irrigation of up to 70.69 acres in conjunction with Papa Fox Spring and the Mama Fox Spring, located within the 7 lots of the newly created 70.69-acre subdivision. DELTA COUNTY. CASE NO. 2008CW55 (REF. NO. 94CW244). Applicant: Norwood Water Commission, P.O. Box 528, Norwood, CO 81423. Application for finding of Diligence: NWC River Diversion SE1/4SE1/4 of Section 33, T45N, R12E. NMPM. 5 feet from the south line and 5 feet from the east section line. Source: San Miguel River. Appropriation Date: 11/01/1994. Amount Claimed: 5.0 c.f.s. conditional for municipal use. The Application on file with the Water Court contains a detailed outline of the work performed during the diligence period. SAN MIGUEL COUNTY. CASE NO. 2008CW56. Applicant: Kenneth and Karen Heithoff, 2015 James Avenue South, Minneapolis, MN 55405. Application for Surface Water Right: Elk Meadows Spring NW1/4NE1/4 of Section 24, T42N, R10W, NMPM. 189 feet from the south line and 3,846 feet from the east section line. Source: South Fork of the San Miguel River, tributary to the San Miguel River. Appropriation Date 12/31/2002. Amount claimed: 0.04 c.f.s. absolute for domestic, fire protection and irrigation. In addition to irrigation the water is used for fish and wildlife habitat developments, fire protection and domestic. The house well does not provide sufficient water for an outside water tap. This source provides water for general outside cleaning purposes. A 10,000 gallon water tank has been installed for fire protection and can be filled with this water source. Heithoff Spring SW1/4NE1/4 of Section 24, T42N, R10W, NMPM. 1,835 feet from the south line and 3,771 feet from the east section line. Source: South Fork of the San Miguel River, tributary to the San Miguel River. Appropriation Date 12/31/2002. Amount claimed: 0.09 c.f.s. absolute for domestic, fire protection and irrigation. In addition to irrigation the water is used for fish and wildlife habitat developments, fire protection and domestic. The house well does not provide sufficient water for an outside water tap. This source provides water for general outside cleaning purposes. A 10,000 gallon water tank has been installed for fire protection and can be filled with this water source. SAN MIGUEL COUNTY. AMENDED/CORRECTED: CASE NO. 2003CW70. AMENDED APPLICATION FOR UNDERGROUND WATER RIGHT AND FOR APPROVAL OF PLAN FOR AUGMENTATION Name, address, telephone number of applicant: Riverland Lot Owners Association, P.O Box 561, Crested Butte, CO 81224 through their attorney John R. Hill, Jr., Bratton Hill, LLC, 232 W. Tomichi Ave., Suite 202, Gunnison, CO 81230 Phone (970) 641-1903. CLAIM NO. 1 APPLICATION FOR UNDERGROUND WATER RIGHT. Name of well: Riverland Industrial Well (Permit No. 044665-F). Legal description of point of diversion: In the NE¼NE¼ Section 13, Township 14 South, Range 86 West, 6th P.M. at a point approximately 266 feet from the north section line and 241 feet from the east section line of said Section 13. Source: Slate River alluvium. Initiation of appropriation: Date of initiation of appropriation: February 23, 1982. How appropriation was initiated: Application for water right. Date water applied to beneficial use: April 1, 1995.

Amount claimed: 60 gpm absolute. Depth: 150 feet. Use: Commercial, domestic and irrigation use in Riverland Industrial Park located in parts of Sections 12 and 13, Township 14 South, Range 86 West, 6th P.M. and Sections 7 and 8, Township 14 South, Range 85 West, 6th P.M. Remarks: The Riverland Industrial Well was decreed conditionally in Case No. 82CW38, continued in force in Case Nos. 89CW133 and 96CW44. Water pumped from the well was put to beneficial use on April 1, 1995, however, no application to make absolute was filed and conditional water right was cancelled. CLAIM NO. 2 APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. Name of structures to be augmented: Riverland Industrial Well. Previous decree for water rights to be used for augmentation: a. The water right decreed to Blue Mesa Reservoir out of the Gunnison River in Case No. 80CW156 for 940,755 acre-feet with priority date of November 13, 1957 for domestic and municipal, irrigation and stock watering, industrial, hydropower, piscatorial, wildlife, recreation and other purposes. The initial point of survey of Blue Mesa Dam is located at a point on the right abutment being the intersection of the center line of the axis of the dam and of the center line of the outlet works tunnel, whence the SW corner of Section 31, Township 49 North, Range 4 West, N.M.P.M. bears North 78º36 44 West a distance of 3,207.07 feet. This water right has been used historically for all of its decreed purposes. Applicant has entered into a water service contract with the United States of America for 14.0 acre-feet of water from Blue Mesa Reservoir. b. Class D Augmentation Certificates issued by the Upper Gunnison River Water Conservancy District (UGRWCD) as defined in paragraph 60 of the Findings of Fact, Conclusions of Law, Ruling and Decree in Case Nos. 02CW94 and 03CW107 (Meridian Lake Decree). Applicant has a total of 58 Class D Augmentation Certificates. The use of the augmentation certificates will be in accordance with the applicable provisions of the Meridian Lake Decree. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). The following water right or rights will be augmented as described below: a. The In Stream Flow (ISF) decreed to the Slate River in 80CW92 for Segment 4 (Coal Creek to East River) held by the Colorado Water Conservation Board (CWCB). This right is senior to the right claimed in this Application and is entitled to 23 cfs during the period April 1 to November 30 and 12 cfs during the period December 1 to March 31. This right will be augmented by releases from Meridian Lake Reservoir pursuant to the Meridian Lake Decree. Augmentation for the period October through April 30 has been calculated pursuant to paragraphs 54 and 55.d. of the Meridian Lake Decree as 0.12 acre-feet before transit losses. For the remainder of the year, depletions to the ISF will be replaced by releases from Meridian Lake pursuant to paragraph 60 of that decree by releasing the amount required to replace the monthly depletions to the ISF based upon the shortages to the ISF experienced in 2002, the driest year of record, which has been calculated to be 1.79 acre-feet before transit losses or such other amounts the Court determines to be necessary to prevent injury. Transit loss will be assessed pursuant to paragraph 46 of the Meridian Lake Decree. b. Except for the ISF, there is no history of a call originating in the reach of the Slate River, East River and Gunnison River from the vicinity of Riverland Industrial Well to Blue Mesa Reservoir. Therefore, no augmentation is required in that reach. c. The Riverland Industrial Well is vulnerable to a call originating on the Gunnison River downstream of the Wayne N. Aspinall Unit. The water available pursuant to the contract with the United States or a new contract with the UGRWCD will be used to augment depletions in that reach of the Gunnison River. That amount is 2.32 acre-feet. d. Applicant will avail itself of the subordination of the UGRWCD s Recreational In Channel Diversion decreed in Case No. 07CW71 in lieu of replacing depletions to the RICD. Water rights sought to be established by this plan for augmentation: See Claim No. 1. Name(s) and address(es)

of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: Riverland Industrial Well is owned by Applicant. Same addresses as paragraph No. 1. GUNNISON COUNTY. CASE NO. 06CW257 Gunnison County, Gunnison River, Water District No. 4, Applicant: Eleanor McAuliffe, c/o Wilderson, O Hayre, Dawson & Norris, P.C., 120 North Taylor - P.O. Box 179, Gunnison, Colorado 81230, (970) 641-3326;Type of Application: Amended Application for Surface Water Rights, Name of Structures: McAULIFFE SPRING and McAULIFFE SPRING NO. 2. Location: The McAuliffe Spring is located in the SE¼ SW¼ of Section 22, Township 14 S. Range 82 W., 6 th P.M. with an approximate location at GPS coordinates 366887.88, 4296947.34 NAD 27. The McAuliffe Spring is located in the SE¼ SW¼ of Section 22, Township 14 S. Range 82 W., 6 th P.M. with an approximate location at GPS coordinates 366980.59, 4296945.32, NAD27. Drainage Basin: Tributary to Willow Creek, tributary to the Taylor River, tributary to the Gunnison River. Quantity: Applicant seeks 25 g.p.m. for the McAuliffe Spring and 25 g.p.m. for the McAuliffe Spring No. 2; Appropriation date: 1947; Use: For the McAuliffe Spring - domestic, irrigation of 12.5 acres of lawn and fire protection; for the McAuliffe Spring No. 2 - domestic use, irrigation of 4 acres of lawn and fire protection. Type of Structures: Springs. GUNNISON COUNTY. CASE NO. 2007CW39. Applicant: Kneese Inc., 13926 Marine Road, Montrose, CO 81401, Waterfront Way HOA, C/O Mike Lodato, president, 63562 Lakeshore Dr., Montrose, CO 81401. Amended Application for Change of Water Right, Alternate Point of Diversion: JC Frees Private Ditch Date Entered: 07/03/1929. Case No. CA3728, Decreed Point of Diversion: On the east bank of Happy Canyon Creek, at a point 400 feet South and 200 feet west of the northwest corner of the SW1/4, Section 29, T49N, R9W, NMPM. Historic Use: the.57 c.f.s. has for years been used for irrigation as it will continue to be. No change in use. Proposed Change: Change the current point of diversion for.57 c.f.s. of water, continuing operation. Change in Point of Diversion: SE1/4NW1/4 of Section 29, T49N, R9W, NMPM. 1,915 feet from the north line and 1,855 feet from the west section line. Source: Happy Canyon Creek. MONTROSE COUNTY. YOU ARE FURTHER NOTIFIED THAT you have until the last day of July 2008, 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 C.R.C.P. Rule 5. (Filing fee: $90.00; Forms may be obtained from the Water Clerk s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401