DISTRICT COURT, WATER DIVISION 6, COLORADO

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS

IN WATER DIVISION 6

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of JANUARY, 2010.

1. 09CW44 RIO BLANCO COUNTY (02CW47) Application for Finding of Reasonable Diligence. Applicant: Town of Meeker, Colorado, c/o Loyal E. Leavenworth, Esq. and Cassia R. Furman, Esq., c/o Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Name of structures: Meeker Well Nos. B-5, B-6, B-7 and B-8. Date of original decree: 11/2/ 1981, in Case No. 80CW544, District Court, Water Div. 5. Pursuant to C.R.S. §37-92-201(1), Colorado Rule of Civil Procedure and Rule 2 of the Uniform Local Rules for All Water Court Divisions, on and after August 5, 2009, all White River Drainage Basin applications must be filed with the Division 6 Water Court. Thus, the Application in this matter is filed with the Division 6 Water Court. Subsequent decrees awarding findings of diligence: Case No. 85CW237, decreed on 1/29/1986; Case No. 89CW196, decreed on 1/16/1990; Case No. 95CW194, decreed on 2/27/1996; and Case No. 02W47, decreed on 9/3/2003. (All Water Division No. 5.) Locations: The Meeker Well Nos. B-5, B-6, B-7 and B-8 are all located in Section 33, Township 1 North, Range 93 West of the 6th P.M. The Meeker Well B-5, as decreed in Case No. 80CW544, is located in the SW 1/4 SE 1/4, at a point 1,420 feet West and 600 feet North of the SE Corner of said Section 33. In Case No. 83CW202, dated October 10, 1984, the point of diversion of the Meeker Well B-5 was changed to a point located in the SW 1/4 SE 1/4 at a point 3,463.7 feet East of the West line and 262.4 feet North of the South line of said Section 33. The Meeker Well B-6 is located in the SW 1/4 SE 1/4 at a point 1,900 feet West and 550 feet North of the Southeast Corner of said Section 33. The Meeker Well B-7 is located in the SW 1/4 SE 1/4 at a point 2,200 feet West and 720 feet North of the Southeast Corner of said Section 33. The Meeker Well B-8 is located in the SW 1/4 SE 1/4 at a point 2,550 feet West and 1,000 feet North of the Southeast Corner of said Section 33. Source: Alluvium of the White River. Appropriation date: 11/3//1980, for each well. Amounts: Meeker Well B-5: 0.11 c.f.s., conditional (1.22 c.f.s. of the original 1.33 c.f.s. decreed to this well was made absolute for all decreed purposes in Case No. 85CW237). Meeker Well B-6: 1.33 c.f.s., conditional. Meeker Well B-7: 1.33 c.f.s., conditional. Meeker Well B-8: 1.33 c.f.s., conditional. Uses: Municipal, commercial, industrial, domestic, irrigation, sewage treatment (including land application), recreation and fish and wildlife propagation purposes. Depth: Meeker Well B-5: 56 feet. Meeker Well B-6: 60 feet. Meeker Well B-7: N/A. Meeker Well B-8: N/A. The Application provides a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed (See Exhibit A on file with the Water Court). Name and address of owner of land upon which the Meeker Well Nos. B-5, B-6, B-7 and B-8 are located: Rick and Kay Edinger, 6855 County Road 4, Meeker, Colorado, 81641. Map: A map showing the locations of the Meeker Well Nos. B-5, B-6, B-7 and B-8 is on file with the Water Court as Exhibit B. Well Permits: Meeker Well No. B-5: Well Permit No. 25337-F. Meeker Well No. B-6: Well Permit No. 65357-F. Meeker Well No. B-7: Well Permit No. 25336-F. Meeker Well No. B-8: Well Permit No. 25338-F. Copies of the Well Permit, Well Construction and Test Report, Supplemental Test Report and Pump Installation Report for Meeker Well B-6 are on file with the Water Court as Exhibit C. THIS APPLICATION PREVIOUSLY PUBLISHED IN ROUTT COUNTY IN ERROR; SHOULD HAVE BEEN PUBLISHED IN RIO BLANCO COUNTY.

2. 09CW52 (83CW337, 95CW168 & 02CW50 all filed in Division 5 Water Court in Glenwood Springs, CO) RIO BLANCO COUNTY APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address, email address and home telephone number of applicant: Karl Maser, 393 RBC 75, Meeker CO 81641, (970)878-4669. 2. Name of structure: Fraser Ditch Pollard Enlargement 3. Date of original decree: 10-26-1984, Case No. 83CW337 in Division 5. Subsequent decrees: 95CW168 2-5-1996 and 02CW50 9-19-2003 in Division 5. Legal description: NE1/4 SE1/4, Sec. 30, T1N, R90W, 6th P.M. 38 degrees 40’ 21” from north and 1349.23’ from east section line. Source of water: No Name Creek, tributary to North Fork White River. Appropriation date: 6-1-1983. Amount: 3 cfs. Use: Irrigation, livestock, watering, filling Pollard Reservoir. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use: Since 2003 we have maintained the ditch every year removing trees, fixing blow outs, resetting the head gate and re-ditching sections of the ditch. Each year when the snow has melted off the ditch we run the ditch until flows in the creek decline to the point where seepage reduces the flow to negligible. We have been adding bentonite and pam slurry annually to help decrease the seepage with some success. The ditch is better than a mile long and runs across mountainous terrain. There are three sections of 200-300 yards that have been the most troublesome, primarily due to voles. The bentonite and polyacrylamide (pam) slurry are effective for a time until the voles burrow new holes in the ditch wall. We have had to repair blow outs in a couple of cases where the voles started the ditch seeping. We are planning to install drain tile in these locations next spring to pipe the water through these difficult stretches. Some efforts we have made in maintaining this ditch: installed plastic ditch line on a ¼ mile section; re-channeled stream upstream of head gate to increase flow into ditch; ran “V” ditcher on upper ½ of ditch widening and increasing flow; installed pam and bentonite slurry in upper ½ of ditch; cleared downed timber annually; repaired several blowouts, cleared ditch of boulders that had rolled off the hillside obscuring flow. The water is used to irrigate pasture, water livestock and to fill Pollard reservoir. Name and address of owner of land: Applicant.

3. CASE NO. 09CW57 ROUTT COUNTY APPLICATION FOR CHANGE OF WATER RIGHT. 1. Name, address and telephone number of applicant: Sheila Jo Reagor Huffman, P.O. Box 139, Yampa CO 80483 (970)638-4471. 2. Name of structure: South Side Ditch. 1st Priority #28 4-18-1887 1 cfs. 2nd Priority #289 1-1-1904 1 cfs. Legal description of structure: NE1/4 SW1/4 Sec. 14, T2N, R85W of 6th P.M. At a point whence the S1/4 corner of Section 14 bears south 6 degrees east a distance of 24.11 chains. Decreed source of water: Spring Creek, tributary to Chimney Creek, Tributary to Yampa River. Appropriation Date: Priority #28, 4-18-1887 and 9-22-1892 1cfs on each. Decreed use: irrigation. Amount of water that applicant intends to change: 0.50 cfs Priority date 6-1-1904; 0.50 cfs Priority date 9-14-1946 #289. 3. Detailed description of proposed change: Application seeks to correct and change the decreed South Side Ditch point of diversion to the actual and historical point of diversion as described next. If a change in point of diversion, provide legal descriptions of decreed location and actual or new location of structure: SJRH Ditch #2, SE1/4 SW1/4 Sec. 14, T2N, R85W of 6th P.M. 888 feet from south and 2179 feet from west section line. Street address: 28685 RCR 6D Yampa CO 80483. Alternative description: Were points averaged? Yes Northing 4444781, Easting 338464 Zone 13. Name and owner of land upon which any new or modified diversion or storage structure is or where water will be stored: Doug DeCosta P.O. Box 303 Yampa CO 80483.

4. CASE NO. 09CW59 RIO BLANCO COUNTY APPLICATION FOR CHANGE OF WATER RIGHT. 1. Name, mailing & email address & home phone no. of applicant: Flint L. Chambers, 2538 E. Main Street, Rangely CO 81648, (970)390-0247. 2. Decreed water right for which change is sought: Name of Structure: Calvat Ditch. Date of original and all relevant subsequent decrees: 11-26-1958 CA0999 District Court. Legal description of structure: SE1/4 Sec. 32, T2N, R101W of 6th P.M. 1860.6 feet from west section line. Hazelwood Acres Minor Subdivision Lot 1. Street address: 2802 Highway 64, Rangely CO 81648. Alternative Description: Were points averaged? No. Northing 4441385 Easting 0692448 Zone 12. Decreed source of water: White River. Appropriation Date: 4-26-1955. Total amount decreed to structure: 10.4 cfs. Decreed use: Agriculture - irrigation of crops and pasture. Amount of water that applicant intends to change: 4 cfs. 3. Detailed description of proposed change: Bernard and Evelyn Hazlewood subdivided their property into 3 separate parcels. Each of the parcels received water rights from the Calvat Ditch. On 12-22-04 I purchased lot 2, which included 4 cfs of water rights from the Calvat Ditch, which is pumped out of the White River in lot 3. Originally all the water rights for all three of the lots were pumped from this location. The owner of lot 1 has petitioned and received permission to change his diversion point so he does not have to cross lots 2-3 with his water rights. I am requesting to change my diversion point from on lot 3 to my property. The water rights will be pumped from the White River in the same manner, the diversion point will be the only change. If a change in point of diversion, provide legal descriptions of decreed location and actual or new location of structure: NE1/4 Sect. 32, T2N, R101W, of 6th P.M. 6250 feet from north and 7500 feet from east section line. Street Address: 2802 Highway 64, Rangely CO 81648. Hazelwood Acres Minor Subdivision Lot 2. Alternative Description: Were points averaged? No. Northing 4441488 Easting 0691670 Zone 12. 4. Name and address of owner of land upon which any new diversion or storage structure is located: Applicant.

5. CASE NO. 10CW1 ROUTT COUNTY APPLICATION FOR WATER RIGHTS (SURFACE). 1. Name, address, telephone number of applicants: David & Kathy Smith, P.O. Box 461, Hayden, CO 81639 (970)276-3805. 2. Name of structures: Smith Ditch #4 and Smith Spring #9. 3. Legal description of each point of diversion: Smith Ditch #4, NE1/4 SE1/4, Sec. 20, T5N, R88W, 6th P.M., 2250 feet from south and 900 feet from east section line. Smith Spring #9, SW1/4 NW1/4, Sec. 16, T5N, R88W, 6th P.M. 2000 feet from north and 1200 feet from west section line. 4. Source: Smith Ditch #4, Watering Trough Gulch of Dry Creek of the Yampa River; Smith Spring #9, Hubberson Gulch of Dry Creek of the Yampa River. 5. Date of initiation of appropriation: Smith Ditch #4, 5-15-09; Smith Spring #9, 7-15-03. How appropriation was initiated: Smith Ditch #4, ditch was constructed and used for irrigation; Smith Spring #9, a small pond was constructed and water used for livestock watering. Date water applied to beneficial use: Smith Ditch #4, 5-15-09; Smith Spring #9, 7-15-03. 6. Amount claimed: Smith Ditch #4, .25 csf absolute; Smith Spring #9, .033 cfs absolute. 7. Use: Smith Ditch #4, irrigation; Smith Spring #9, livestock watering. Smith Ditch #4 historically used to irrigate 5 acres and proposed to irrigate 5 acres in NE SE Sec. 20, T5N, R88W, 6th PM. Map located in file. 8. Names and address of owners of land upon which point of diversion and place of uses are located: Applicants 9. Remarks: Smith Spring #9 surfaces in a small pond where livestock have access for watering. The pond is less than 1/10 surface acre with a dam 1’ high by 10’ long.

6. CASE NO. 10CW5 (02CW95) ROUTT COUNTY Application to Make Conditional Water Rights Absolute. Applicant: Lorraine Page Robinson, P.O. Box 770502, Steamboat Springs, CO 80477, 970-879-4932; c/o Claire E. Sollars, Esq., Klauzer & Tremaine, LLC, P.O. Box 774525, Steamboat Springs, CO 80477-4525, 970-879-5003. Name of structures: Page Spring No. 2; Page Spring No. 4. Date of original decree: January 30, 2004, Case No. 02CW95, District Court in and for Water Division No. 6. Locations: Page Spring No. 2: NW¼ of the NE¼, Section 32, T6N, R84W, of the 6th P.M., at a point 460 feet from the North line and 2450 feet from the East line of said Section, Routt County, Colorado. Page Spring No. 4: NW¼ of the NE¼, Section 32, T6N, R84W, of the 6th P.M., at a point 1270 feet from the North line and 1570 feet from the East line of said Section, Routt County, Colorado. Source: Springs, tributary to Yampa River. Appropriation Date and Methodology: October 18, 1999 (both springs) by field and land survey, locations of spring sites. Amount Decreed: Page Spring No. 2: 0.02 cfs, Conditional; Page Spring No. 4: 0.02 cfs, Conditional. Decreed Conditional Uses: Both Springs – Irrigation of approximately four (4) acres located in the NW ¼ of the NE ¼, Section 32, T6N, R84W of the 6th P.M., domestic, stock water, wildlife water. Applicant completed development of both structures and has placed the water to beneficial use for the decreed purposes. Applicant incurred expenses in the approximate amount of $3,500.00 to develop Page Spring No. 2 and $100.00 to construct a fence around the structure and approximately $2,500.00 to develop Page Spring No. 4 and $100.00 to construct a fence around that structure. Applicant fully developed both springs and applied 0.02 cfs of Page Spring No. 2 and 0.02 cfs of Page Spring No. 4 to beneficial use. Applicant used both Page Spring No. 2 and Page Spring No. 4 for the permitted uses of irrigation in the NW ¼ of the NE ¼, Section 32 as described in the decree, domestic, stock water, and wildlife water. Charles J. Marias previously owned the property upon which the springs are located and had executed easements to provide Applicant access to the property for development and use of both structures. The current owner is Suzan Bymel, 2029 Century Park East #500, Los Angeles, CA 90067-2906. Applicant owns the land upon which the water rights will be used.