In the District Court in and for 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 September 2009.

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. 2009CW114. Applicant: Franklin Zantell Sr. P. O. Box 418, Gunnison, CO 81230. Franklin Zantell, Jr., 2144 Kerr Gulch Road, Evergreen, CO 80439. Application for Surface Water Right: Radiator Spring – SW ¼ NE ¼ of Section 32, T51N, R2E, NMPM. 1,065 feet from the north line and 1,100 feet from the east section line. Source: Gunnison River. Appropriation Date: 06/01/1996. Amount Claimed: .025 cfs absolute for fire suppression, wildlife and stockwater. GUNNISON COUNTY.

CASE NO. 2009CW115. Applicant: Don Dahlstein and Helen Dahlstein, 6085 County Road 23, Ridgway, CO 81432. Application for Water Storage Right: Don’s Pond – SW ¼ NW ¼ of Section 21, T45N, R8W, NMPM. 1,459 feet from the north line and 1,471 feet from the west section line. Source: Cuddigan Gulch and the Uncompahgre River. Appropriation Date: 07/28/1993. Amount Claimed: 4.19 acre-feet absolute for irrigation of 2 acres, piscatorial, wildlife and fire protection, and 0.43 cfs absolute for filling the reservoir. OURAY COUNTY.

CASE NO. 2009CW116. Applicant: James Green and Aleene Green, P. O. Box 470, Pettus, TX 78146. Application for Surface Water Right: Green Cabin Spring – SE ¼ SW ¼ SW ¼ of Section 28, T51N, R4E, NMPM. 342 feet from the south line and 1,059 feet from the west section line. Source: Armstrong Gulch, Quartz Creek, Tomichi Creek and the Gunnison River. Appropriation Date: 06/01/2009. Amount Claimed: 4 gpm conditional for domestic use. GUNNISON COUNTY.

CASE NO. 2009CW117. Applicant: James and Renee Cain, 5155 County Road 76, Parlin, CO 81239. Application for Surface Water Right: Cain Spring – NW ¼ SE ¼ NE ¼ of Section 5, T49N, R3E, NMPM. 1,535.18 feet from the north line and 1,180 .83 feet from the east section line. Source: Gunnison River: Appropriation Date: 07/15/1998. Amount Claimed: 60 gpm absolute for irrigation of 20 acres and wildlife. Cain Pump – SE ¼ SW ¼ NW ¼ of Section 4, T49N, R3E, NMPM. 2,249.06 feet from the north line and 1,066.47 feet from the west section line. Source: Quartz Creek, Gunnison River: Appropriation Date: 08/15/2009. Amount Claimed: 15 gpm absolute for irrigation of 5 acres. GUNNISON COUNTY.

CASE NO. 2009CW118. Applicant: Bruce Saunders and Noreen Horwitz, 43281 Ponderosa Trail, Gunnison, CO 81230. Application for Surface Water Right: GBHCR No 1 – NW ¼ SE ¼ SW ¼ of Section 27, T48N, R1E, NMPM. 1,125.21 feet from the south line and 1,578.27 feet from the west section line. Source: Tomichi Creek, Gunnison River. Appropriation Date: 09/06/2005. Amount Claimed: .011 cfs absolute for wildlife habitat and supplemental water supply for fire suppression. GBHCR No 2 – NW ¼ SE ¼ SW ¼ of Section 27, T48N, R1E, NMPM. 2,295.18 feet from the south line and 1,396.94 feet from the west section line. Source: Tomichi Creek, Gunnison River. Appropriation Date: 09/06/2005. Amount Claimed: .013 cfs conditional for wildlife habitat and supplemental water supply for fire suppression. SAGUACHE COUNTY.

CASE NO. 2009CW119 (REF NO. 03CW20). OURAY COUNTY - Uncompahgre River; Elk Meadows Homeowners Association c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506; APPLICATION TO MAKE ABSOLUTE AND FOR CORRECTION OF LOCATION; 1. Name, Address, Telephone Number of Applicant: Elk Meadows Homeowners Association, 1000 Aspen Drive, Ridgway, CO 81432, 970-626-5889; with copies of all pleadings to: John R. Pierce, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; 2. Summary: By this Application, Applicant seeks to make its conditional water right in the Elk Meadows Well absolute. Additionally, Applicant recently became aware that the decreed location for the Elk Meadows Well is incorrect. For that reason, Applicant seeks to correct the decreed location for the Elk Meadows Well to reflect the as-built location. Finally, in Case No. 06CW220 the Court granted Applicant a conditional groundwater right in the Elk Meadows No. 2. That well has been constructed and the water right has been placed to beneficial use. As such, Applicant requests that the conditional water right for the Elk Meadows Well No. 2 be made absolute; I. REQUEST TO MAKE CONDITIONAL RIGHT ABSOLUTE (Elk Meadows Well): 3. Description of Conditional Right: A. Name of Structure: Elk Meadows Well, Well Permit No. 247979; B. Location of Well: The proposed location of the Elk Meadows Well was 1300 ft south of the north section line and 1500 ft west of the east section line, SE3NW3NE3 of Section 5, T44N, R8W, N.M.P.M. The as-built location is in the NW/4 NE/4 of Section 5, T44N, R8W, N.M.P.M. at a point which is 820 feet from the north section line and 2354 feet from the east section line. Because the as-built location deviates more than 200 feet from the original decreed location, Applicant requests a correction of location below; C. Source: Groundwater tributary to the Uncompahgre River; D. Depth: Maximum projected depth for the well was 250 feet. The well was constructed to a depth of 198 feet; E. Appropriation Date: November 1, 2002; Amount: 15 g.p.m., conditional; F. Use: Domestic purposes, including outside watering for landscape trees; 4. Detailed outline of what has been done to complete appropriation and application of water to beneficial use: The Elk Meadows Well was constructed on April 28, 2003 and placed to beneficial use within the Elk Meadows Subdivision. The meter on the well indicates that over 1,500,000 gallons of water have been diverted. In the event that the Court declines to make some or all of the conditional right in the Elk Meadows Well absolute, Applicant requests that the Court enter a finding of diligence with regard to such conditional right; 5. If claim to make absolute: A. Date water applied to beneficial use: May 1, 2003; Amount: 15 g.p.m.; B. Use: Domestic purposes, including outside watering for landscape trees; 6. Name and Address of Owner of Land Upon Which Well is Located: The well is located on property owned by the Applicant; II. REQUEST TO MAKE CONDITIONAL RIGHT ABSOLUTE (Elk Meadows Well No. 2): 7. Description of Conditional Right: A. Name of Structure: Elk Meadows Well No. 2, Well Permit No. 68219-F (formerly under Permit No. 278634); B. Case No: The Elk Meadows Well No. 2 was decreed conditionally in Case No. 06CW220. In Case No. 08CW123 the location of the Elk Meadows Well No. 2 was changed; C. Location of Well: The Elk Meadows Well No. 2 is located in the NW/4 NW/4 NE/4 of Section 5, T44N, R8W, N.M.P.M. at a point which is 485 feet from the north section line and 2010 feet from the east section line; D. Source: Groundwater tributary to Kettle Gulch, tributary to the Uncompahgre River; E. Depth: 220 feet; F. Appropriation Date: October 23, 2003; Amount: 0.033 cfs (15 g.p.m., annual appropriation of 42.37 acre-feet); G. Use: domestic, including irrigation of landscape trees; 8. If claim to make absolute: The Elk Meadows Well No. 2 has been constructed the full decreed rate of flow has been diverted and placed to beneficial use. The meter for the Well indicates that over 100,000 gallons has been diverted at the time of this Application; A. Date water applied to beneficial use: October 1, 2008; Amount: 0.033 c.f.s.; B. Use: domestic use, including irrigation of landscaping, within the Elk Meadows Subdivision; 9. Name and Address of Owner of Land Upon Which Well is Located: The well is located on property owned by the Applicant; III. CORRECTION OF LOCATION (Elk Meadows Well): 10. Decreed water right for which change is sought: Elk Meadows Well; 11. Description of proposed change: The decreed location for the Elk Meadows Well was 1300 ft south of the north section line and 1500 ft west of the east section line, SE3NW3NE3 of Section 5, T44N, R8W, N.M.P.M. The as-built location is in the same section and quarter, but is at a point which is 820 feet from the north section line and 2354 feet from the east section line. Because the as-built location deviates more than 200 feet from the original decreed location, Applicant seeks to correct the decreed location; 12. Name and Address of Owner of Land Upon Which Well is Located: The well is located on property owned by the Applicant. (5 pages.) OURAY COUNTY.

CASE NO. 2009CW120 DELTA COUNTY 1. Overland Ditch and Reservoir Company, 26083 Moss Rock Road, Hotchkiss CO 81419, Tom Howe, President 872-7373, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR SURFACE WATER RIGHT 2. Name of Structure: Overland Ditch, Roatcap Diversion. 3. Legal Description: at the intersection of Roatcap Creek and the Overland Ditch, in the SW1/4NE1/4 of Section 5, Township 13 South, Range 92 West, 6th P.M., approximately 1354 feet south of the north section line and 1354 feet east of the west section line (at Latitude 38.9478 North, Longitude 107.696 West, UTM Easting 266358.93, Northing 4314440.75 Zone 13.) 4. Date of Appropriation: June 9, 2009, by action of the Board of Directors of Applicant. 5. Amount: 50.0 c.f.s., absolute 6. Use: the irrigation of 7,000 acres 8. Source of Water: Roatcap Creek, tributary to the North Fork of the Gunnison River. 9. Statement of Claim: For many years, water in Roatcap Creek has been captured in the Overland Ditch and transported to lands of farmers served by Applicant. This Application is to recognize and give priority to that historic practice. DELTA COUNTY.

CASE NO. 2009CW121 (REF NO. 02CW45). Applicant: Michael Martin, 38258 Linman Road, Crawford, CO 81415. Application for Finding of Reasonable Diligence: Don’s Pond – SE ¼ NW ¼ of Section 26, T15S, R92W, 6th PM. 2,400 north of the south line and 1,250 feet east of the west section line. Source: North Fork of the Gunnison River. Appropriation Date: 03/03/2003. Amount Claimed: .50 cfs conditional for storage and 3.9 acre-feet conditional for irrigation of 17 acres, stockwater and wildlife. The Application on file with the Water Court contains a detailed outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2009CW122. OURAY COUNTY 1. Applicant Tri-County Water Conservancy District, P.O. Box 347, Montrose CO 81402, 970-249-3369, a political subdivision of the State of Colorado, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR STORAGE WATER RIGHT 2. Name of Structures: Ridgway Reservoir Tri Ct, Third Fill. 3. Legal Description of decreed point of diversion: Ridgway Reservoir is located at a point whence the South quarter corner of Section 16, Township 46 North, Range 8 West, N.M.P.M. bears South 37°11’22.8” East 2680.38 feet; the west abutment of the crest of the dam is located whence the said South quarter corner bears South 69°52’37.2” East 4252.33 feet; and the centerline of the dam between these abutments bears South 74°10’42.2” West 2466.00 feet. 4. Date of Appropriation: November 1, 2005 5. Amount: 39,228 acre-feet, absolute 6. Uses: fish culture, recreation, and flood control. 7. Source of Water: Uncompahgre River. 8. Date water applied to beneficial use: May 16, 2006 9. Remarks: In the water year November 1, 2005 through October 31, 2006, 123,830 acre-feet of water were stored under the priority awarded to the second fill. As the decreed second fill amount is 84,602 acre-feet, the excess, 39,228 acre-feet, is claimed as a new right for the uses of fish culture, recreation, and flood control only. OURAY COUNTY.

CASE NO. 2009CW123 (REF NO. 03CW19, 92CW184). DELTA COUNTY. NORTH FORK GUNNISION RIVER. Patricia M. & Cecil B. Farnsworth, c/o Patrick, Miller & Kropf, P.C., Kevin L. Patrick, Esq. and William M. Stenzel, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of structures: Farnsworth Pond No. 1. Type: Reservoir. Farnsworth Pond No. 3. Type: Reservoir. Describe conditional water rights giving the following from the Referee’s Ruling and Judgment and Decree: Date of original decree: March 16, 1995. Case No.: 92CW184. Court: District Court, Water Division No. 4. Legal description: Farnsworth Pond No. 1: Delta County, SW ¼ of the NE ¼ of the SE ¼, Section 1, Township 14 South, Range 92 West, of the Sixth Prime Meridian. The southern axis of the dam is located approximately 670 feet west of the East Section line of Section 1 and 3,625 feet south of the North Section line of Section 1 from whence it runs in a northwesterly direction for approximately twenty feet. Farnsworth Pond No. 3: Delta County, NE ¼ of the NE ¼ of the SE ¼ of Section 1, Township 14 South, Range 92 West of the Sixth Prime Meridian. The southern axis of the dam is located approximately 550 feet west of the East Section line of Section 1 and 2,740 feet south of the North Section line of Section 1 from whence it runs in northeasterly direction for approximately ninety feet. Source: Farnsworth Pond No. 1: There are three sources of water for the Farnsworth Pond No. 1: Water produced from Farnsworth Springs S-1 and S-2 and collected by the Farnsworth Collection Ditch; Applicants’ 0.05 cfs ownership in and to the Wade and Hightower Ditch, and Applicants’ 0.07 cfs ownership in the Paonia Ditch. Farnsworth Pond No. 3: There are two sources of water for the Farnsworth Pond No. 3. Applicants’ 0.05 cfs ownership in and to the Wade and Hightower Ditch, and Applicants’ 0.07 cfs ownership in the Paonia Ditch.