DIVISION 5 WATER COURT- JANUARY 2018 RESUME

Transcription

1 DIVISION 5 WATER COURT- JANUARY 218 RESUME 1. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. 18CW1 (11CW79) GARFIELD COUNTY- COLORADO RIVER. Gilead Gardens Homeowners Association c/o David Miller; 1577 C.R. 335; New Castle, CO (97) Gilead Gardens River Diversion-Application for Finding of Reasonable Diligence. Location: SW¼NW¼ of Sec. 7, T.6S, R.91W. of the 6 th P.M. 2,1 ft. from the south of the north sec. line and 975 ft. from the east of the west sec. line. Appropriation: Sept. 17, 23. Amount: 1. c.f.s., conditional. Uses: piscatorial, recreational and irrigation purposes, including the filling and refilling of the operational ponds described in Fig. 1 of the application for such purposes or to replace evaporation. A detailed outline of work completed during the diligence period is included in the application. 2. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW2 (CA 2635) MESA COUNTY- BRUSH (LEMMEX), BUZZARD CREEKS, TRIBUTARY TO THE COLORADO RIVER. H. Wayne Currey; P.O. Box 319; Montrose, CO 8142 (97) Application for Change of Water Right to an Alternate Point of Diversion. Decreed water right for which change is sought: Name of Structure: Red Bluff Ditch Headgate on Lemmex or Brush Creek. Decreed Point of Diversion in CA 2635: At a point on the north bank of Lemmex Creek, at a point whence the SE corner of the Sec. 15, T.9S, R. 94W. of the 6 th P.M. bears South 25º55 W, 336 ft. UTM coordinates: E N Z13.Appropriation: Aug. 4, 194. Amount: 1.96 c.f.s., absolute. Use: irrigation of farmland. Detailed description of proposed change to an alternate point of diversion: Applicant seeks to change the point of diversion from its current location on Brush (Lemmex) Creek to an alternate point of diversion on Buzzard Creek. The alternate point of diversion is located entirely on Applicant s property. Legal Description for the Alternate Point of Diversion: NE¼SE¼ of Sec.16, T.9S., R.94W. of the 6 th P.M. UTM coordinates: N E Z13S. 3. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW3 GRAND COUNTY, WATER DISTRICT NO. 5, APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name and address of applicant: Town of Kremmling, 2 Eagle Ave., P.O. Box 538, Kremmling, CO 8459, (97) c/o Stanley W. Cazier of Cazier & McGowan, P.O. Box 5, Granby, CO 8446, (97) Names of Structure: JONES RESERVOIR NO. 1 ENLARGEMENT. Decreed: September 13, 1967, CA 1416, Eagle County District Court. Legal Description: Jones Reservoir No. 1 Enlargement - lies across the channel of an unnamed creek on an axis which bears N ' W. from a point whence the NE Corner of Sec. 15, T1N, R81W of the 6 th P.M., bears N ' E feet. Source: Sheep Creek and seven unnamed creeks, all tributary to the Colorado River. Appropriation and Amount: September 14, 1966, af. Use: All municipal uses, including domestic use, mechanical, manufacturing, generation of electric power, power generally, fire protection, sewage treatment, street sprinkling, watering of parks, lawns and grounds, maintaining adequate storage reserves, irrigation, replacement and the adjustment and regulation of the units of the Town of Kremmling water supply system within themselves and with other water users. The application contains a detailed outline of the work performed during the diligence period.

2 PAGE 2 4. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW31 (8CW22) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. In SUMMIT and GRAND COUNTIES. 1. Applicant: Board of County Commissioners of Summit County ( Summit County ), c/o Scott Vargo, County Manager, Post Office Box 68, Breckenridge, Colorado Copies of all pleadings to: Charles B. White, Thomas W. Korver, Petros & White, LLC, 1999 Broadway, Suite 32, Denver, CO 822, Phone: (33) Claim for Findings of Reasonable Diligence. 2. Name of water right: Summit County Wolford Mountain Reservoir to Old Dillon Reservoir Exchange (the Exchange ). 3. Description of exchange: Water in storage in Wolford Mountain Reservoir that is available to Summit County pursuant to agreements with Middle Park Water Conservancy District is delivered to the Colorado River by way of Muddy Creek in order to supply downstream appropriators, and an equivalent amount of water is diverted at the headgate of the Dillon Ditch on Salt Lick Gulch, tributary to the Blue River, or in the alternative, diverted at a pump station on the Blue River at Dillon Reservoir for storage in Old Dillon Reservoir, as more fully described herein. The locations of the upstream and downstream termini of the exchange and Old Dillon Reservoir are depicted on the map attached to the application as Exhibit A, available for inspection at the office of the Division 5 Water Court or via Colorado Courts E-Filing. A. Date of original decree: The original decree for the Exchange was issued on January 22, 212 in Case No. 8CW22, District Court, Water Division No. 5. B. Subsequent diligence decree: n/a. C. Legal description: i. Upstream termini. The upstream termini of the Exchange are: (1) the point of diversion for the Dillon Ditch, located on the south bank of Salt Lick Gulch at a point whence the SE corner of Section 14, T.5 S., R.78 W. of the 6th P.M. bears South 81 degrees 58' East 1832 feet; also described as a point located in the SW ¼ of the SE ¼ of Section 14, T.5 S., R.78 W. of the 6th P.M., approximately 26 feet from the South section line and 191 feet from the East section line of said Section 14; and (2) a pump station to be located on the Blue River at Dillon Reservoir at a point located in the SW ¼ of the SE ¼ of Section 13, T.5 S., R.78 W. of the 6th P.M., approximately 21 feet from the South section line and 1355 feet from the East section line of said Section 13. The exchanged water diverted at the Dillon Ditch headgate will be stored in Old Dillon Reservoir, located in the SW1/4 SE1/4 and SE1/4 SW1/4 of Section 13, T.5 S., R.78 W. of the 6th P.M., in Summit County, Colorado. ii. Downstream terminus. The downstream terminus of the Exchange is the confluence of the Blue River and the Colorado River, in the NW1/4 NE1/4 of Section 19, T.1 N., R.8 W. of the 6th P.M., Grand County, Colorado, approximately 2,4 feet from the East section line, and 4,83 feet from the South section line of said Section 19. D. Water and water rights used for substitution/replacement. The substitute/replacement source for the Exchange is water stored in Wolford Mountain Reservoir, to which the Applicant is or may become entitled pursuant to an option agreement dated June 3, 23 between Summit County and Middle Park Water Conservancy District ( Middle Park ) and subsequent agreements between Summit County and Middle Park. Middle Park has an interest in 3, acre-feet of water stored in Wolford Mountain Reservoir by virtue of an agreement dated December 17, 1992 between the Colorado River Conservation District, the Board of County Commissioners of Grand County, and Middle Park. The dam is located in the SW1/4 NE1/4 of Section 25, T.2N., R.81W. of the 6th P.M., Grand County, Colorado. The source of Wolford Mountain Reservoir is Muddy Creek and its tributaries, all tributary to the Colorado River. The Wolford Mountain Reservoir is owned and operated by the Colorado River Conservation District and has the following water rights: i. Case No. 87CW283: Decree Date: November 2, Court: District Court, Water Div. No. 5. Amount: 59,993 AF. Appropriation Date: December 14, Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. ii. Case No. 95CW281: Decree Date: August 26, Court: District Court, Water Div. No. 5. Amount: 6, AF (enlargement). Appropriation Date: Jan. 16, Use: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial, recreational and environmental mitigation. iii. Case No. 98CW237: Decree Date: July 6, 2. Court: District Court, Water Div. No. 5. Amount: 3, AF (refill). Appropriation Date: Nov. 17, Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Cases No. 87CW283 and 95CW281. E. Appropriation Date: December 16, 28. F. Amount: 8 c.f.s., conditional, with a total volumetric limit on the exchange of 3 acre-feet per year, conditional. G. Use: The water diverted by exchange will be used for municipal, domestic, commercial, irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, and wildlife watering, with the right of reuse, successive use, and disposition to extinction. Use of the water right decreed herein for augmentation shall only occur pursuant to a substitute supply plan approved by the Sate Engineer, or a plan for augmentation approved by the Water Court. H. Terms, Conditions, and Limitations. The Exchange is subject to the terms, conditions, and limitations on the use of water set forth in the decree in Case No. 8CW22, which are incorporated herein by reference. 4. Evidence of Reasonable Diligence: The Exchange is part of an integrated system for supplying the water demands of Summit County. Other elements of the integrated system include the water sources described in paragraph 3.D above, associated water rights and contract rights, and the other water rights and conditional water rights associated with Old Dillon Reservoir, as decreed in Case Nos. 93CW288, 7CW223, 7CW226, 8CW21, and 12CW171. The application contains a summary of specific projects and work undertaken during the diligence period (from January, 212 to January,

3 PAGE 3 218) in furtherance of the Exchange. The list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter, and is available for inspection at the office of the Division 5 Water Court or via Colorado Courts E-filing. 5. Can and will. The conditional Exchange can and will be diverted, stored, or otherwise captured, possessed, and controlled, and will be beneficially used, with diligence in a reasonable time. C.R.S (9)(b). 6. Names, and addresses of owners 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 storage pool: The Dillon Ditch, the pump station to be located on the Blue River at Dillon Reservoir, and Old Dillon Reservoir are located on land owned by the United States Forest Service, Dillon Ranger District, P.O. Box 62, Silverthorne, CO WHEREFORE, Summit County respectfully requests that this Court enter Findings of Fact, Conclusions of Law, and a Judgment and Decree: (1) finding that Summit County has been reasonably diligent in the development of the conditional right of exchange decreed in Case No. 8CW22, as described in the preceding paragraphs; (2) continuing said conditional right of exchange in full force and effect; and (3) granting such other relief as may be appropriate. 5. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW32 EAGLE COUNTY, EAGLE AND COLORADO RIVERS. Application for Findings of Reasonable Diligence. Mike Young c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, All structures: Original decree entered on 1/22/12 in 1CW36; Date of appropriation: 11/1/1; Uses: Domestic, commercial, irrigation and fire protection; Irrigated area: 1. acre within Applicant s property, which is Lot 2 Sweetwater Ranch PUD per plat recorded 8/3/6, at Reception , Eagle County. Dotsero Station Well No. 1: Location: In the SE¼NE¼, Sec 5, T 5 S, R 86 W, 6 th PM, at a point 2,6 ft from S sec line and 5 ft from E sec line of said Sec 5. Source: Groundwater trib to Eagle River, trib to Colo River. Amount:.11 cfs (9.1 af annually), conditional. Depth: 33 ft. Dotsero Station Well No. 2: Location: In the SW¼NE¼, Sec 5, T 5 S, R 86 W, 6 th PM, at a point 1,87 ft from N sec line and 1,77 ft from E sec line of said Sec 5. Source: Groundwater trib to Colo River. Amount:.11 cfs (9.1 af annually), conditional. Depth: 1 ft. Dotsero Station Exchange: Downstream terminus: Confluence of Roaring Fork & Colo Rivers, which is located in SE¼NW¼ Sec 9, T 6 S, R 89 W, 6 th PM, at a point 2,145 ft from N sec line and 2,47 ft from W sec line. Upstream terminus: Dotsero Station Well No. 1, as described above. Rate:.4 cfs (3.5 af annually). Owner of land: Sweetwater Ranch, LLC, c/o Mike Young, PO Box 48, Edwards, CO (6 pages) 6. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW33(27CW232) SUMMIT COUNTY IN THE BLUE RIVER AND ITS TRIBUTARIES, APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART, 1. Name, address and telephone of applicant: Town of Dillon, Scott O Brien, Public Works Director, 275 Lake Dillon Drive, P.O. Box 8, Dillon, Colorado 8435 (97) Please direct all pleadings to: Steven P. Jeffers, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, 363 Centennial Parkway, Suite 11, Louisville, CO 827. (72) Name of conditional exchanges: a. Old Dillon Reservoir to Dillon Blue River Intake Exchange No. 2; b. Old Dillon Reservoir to Laskey Gulch Diversion Exchange No. 2; c. Dillon Reservoir to Dillon Ditch Exchange No.1; and d. Dillon Reservoir to Laskey Gulch Diversion Exchange No Describe conditional water right (as to each structure) including the following information from previous decree: A. Date of Original Decree: January 24, 212, Case No. 27CW232, District Court, Water Division 5 B. List all subsequent decrees awarding findings of diligence: N/A C. Legal description: All structures and exchange reaches are located in Summit County, Colorado. A map showing the general location of the structures and

4 PAGE 4 exchange reaches is attached as EXHIBIT A. a. Old Dillon Reservoir to Dillon Blue River Intake Exchange No. 2: The exchange will be located on the Blue River. Water may be delivered from Old Dillon Reservoir to Salt Lick Gulch and then to the Blue River, or directly to the Blue River at Dillon Reservoir. i. The downstream terminus of the exchange is the confluence of the Blue River and Salt Lick Gulch, which is located in the SW¼ SE¼ of Section 12, T5S, R78W, 6 th P.M, at a point approximately 117 feet from the south line and 2946 feet from the west line of said Section 12. ii. The upstream terminus is the Town of Dillon Blue River Intake, decreed at a point or points within the high waterline of Dillon Reservoir as the Blue River passes through Dillon Reservoir in the S½ SE¼ of Section 7, T5S, R77W, or the S½ SW¼ of Section 8, T5S, R77W, or the N½ NE¼ of Section 17, T5S, R77W, or the N½NE¼ of Section 18, T5S, R77W, all of the 6 th P.M. b. Old Dillon Reservoir to Laskey Gulch Diversion Exchange No. 2: The exchange will be located on the Blue River, Straight Creek and Laskey Gulch. Water will be delivered from Old Dillon Reservoir to Salt Lick Gulch and then to the Blue River, or directly to the Blue River. i. The downstream terminus is the confluence of the Blue River and Salt Lick Gulch described above. ii. The upstream terminus is the Town of Dillon Laskey Gulch Diversion located at a point on the right bank of Laskey Gulch, a tributary of Straight Creek, whence the W¼ corner of Section 4, T5S, R77W of the 6 th P.M. in Summit County, Colorado bears S W a distance of feet. This point is also described as being in the SW ¼ NW ¼ of Section 4, T5S, R77W of the 6 th P.M. approximately 1587 feet from the north line and 19 feet from the west line of Said Section 4. iii. Applicant will also use this exchange to divert water at the Town of Dillon Straight Creek Diversion Point located within the exchange reach at a point on the south bank of Straight Creek whence the SW corner of Section 4, T5S, R77W, 6 th P.M., bears S18 3 W a distance of 265 feet. This diversion is also described as being in the NW ¼ SW ¼ of Section 4, T5S, R77W of the 6 th P.M., at a point approximately 2517 feet from the south line and 828 feet from the west line of said Section 4. c. Dillon Reservoir to Dillon Ditch Exchange No. 1: The exchange will be located on Salt Lick Gulch. Water will be released from Dillon Reservoir into the Blue River and exchanged up Salt Lick Gulch for diversion through the Dillon Ditch. i. The downstream terminus is the confluence of the Blue River and Salt Lick Gulch described above. ii. The upstream terminus is the headgate of the Dillon Ditch located on the south or right bank of Salt Lick Creek at a point whence the SE corner of Section 14, T5S, R78W of the 6 th P.M. bears S81 o 58 E 1832 feet. This headgate is also described as being in the SW ¼ SE ¼ of Section 14, T5S, R78W of the 6 th P.M. at a point approximately 26 feet from the south line and 191 feet from the east line of said Section 14. iii. Water may be delivered through the Dillon Ditch for direct use or for storage in Old Dillon Reservoir, including any enlargements. d. Dillon Reservoir to Laskey Gulch Diversion Exchange No. 1: This exchange will occur on Straight Creek and Laskey Gulch. Water will be released from Dillon Reservoir into the Blue River. i. The downstream terminus of the exchange is the confluence of the Blue River and Straight Creek, which is located in the SE ¼ SE ¼ of Section 12, T5S, R78W of the 6 th P.M. at a point approximately 944 feet from the south line and 226 feet from the east line of said Section 12. ii. The upstream terminus of the exchange is the Town of Dillon Laskey Gulch Diversion described above. iii. Applicant will also use this exchange to divert water at the Town of Dillon Straight Creek Diversion located within the exchange reach as described above. D. Source of water: The sources of water available to Applicant for the Exchanges are limited to the following: a. Old Dillon Reservoir First Enlargement: Old Dillon Reservoir First Enlargement was decreed in the amount of 15 acre-feet, conditional, in Case No. 93CW288, District Court, Water Division No. 5 on February 1, Applicant is the owner of percent of the water right, which is acre-feet per year for use in this exchange. Old Dillon Reservoir First Enlargement has a decreed filling rate of 1 c.f.s. through the Dillon Ditch described above. The reservoir is located in the in the SW¼ SE¼ and SE¼ SW¼ of Section 13, T5S, R78W of the 6th P.M. The source of water is Salt Lick Gulch, a/k/a Salt Lick Creek. The appropriation date is August 24, The decreed uses are municipal, domestic, irrigation, industrial, snowmaking, augmentation, recreation, and all other beneficial uses. b. Old Dillon Reservoir Second Enlargement: In Case No. 7CW223, the Court granted Summit County a conditional water storage right for the Old Dillon Reservoir Second Enlargement in the amount of 6 acre-feet per year, to be filled through the Dillon Ditch at a rate of 1 c.f.s. Water will be stored at the same location described above for the First Enlargement. The appropriation date is December 11, 27. The proposed uses are municipal, domestic, commercial, irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, and wildlife watering, with the right of reuse, successive use, and disposition to extinction. Applicant is the owner of percent of that water right, which is acre-feet per year for use in this exchange. c. Future Dillon Reservoir Water: Pursuant to the agreement dated March 14, 27, entitled Amendment to the Summit County Agreement and Water User Agreement Pursuant to the Future Dillon Provision of the Clinton Reservoir Agreement ( Conversion Agreement ), between Denver Water, Summit County and Applicant, Applicant is entitled to delivery of up to 32.6 acre-feet per year of Future Dillon Reservoir Water as such is described in the Clinton Reservoir-Fraser River Water Agreement of July 21, 1992, which was recorded at the Summit County Clerk & Recorder s Office at Reception No on August 14, 1992 ( Clinton-Fraser Agreement ). Such water includes water stored in Dillon Reservoir, to which Applicant may be entitled, decreed by the District Court of Summit County, Water District No. 36, in Civil Action Nos. 185 and 186, dated March 1, 1952 and confirmed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 516 and 517, dated October 12, 1955, in the amount of 252,678 acre-feet for irrigation and municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns and grounds. The sources of Dillon Reservoir are the Blue River, the Snake River and Ten Mile Creek, all tributaries of the Colorado River. A refill right for the Dillon Reservoir was adjudicated in Case No. 87CW376, District Court in and for Water Division No. 5, dated February 13, 1997, in the amount of 175, acre-feet for all municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns and grounds, and flood control. The 32.6 acre-feet of Future Dillon Water may be released from Dillon Reservoir because the requisite replacement water has been provided to Denver Water pursuant to the terms of paragraph 7(b) of the Clinton-Fraser Agreement and

5 PAGE 5 paragraph 3 of the Conversion Agreement. E. Appropriation date: December 11, 27. F. Amount: For each exchange 5. c.f.s., CONDITIONAL, with a total combined volumetric limit of acre-feet per year CONDITIONAL. G. Use: All municipal purposes, including domestic, commercial, irrigation, industrial, fire protection, recreation, piscatorial, wildlife watering, lake level maintenance, augmentation, replacement, exchange, and all other municipal uses, including the right of reuse, successive use, and disposition to extinction. Use of the water rights decreed herein for augmentation shall only occur pursuant to a substitute supply plan approved by the State Engineer or a plan for augmentation approved by the Water Court. Applicant shall not use the Exchanges decreed herein to divert any water upstream of Dillon Reservoir. 4. Evidence of Reasonable Diligence: Old Dillon Reservoir and these exchanges are part of any integrated system for supplying water demands for the Town of Dillon. The following is a summary of specific projects and work undertaken during the diligence period (from February 212 through January 218) in furtherance of the development of these conditional water rights. A. Applicant individually and through the Old Dillon Reservoir Water Authority, of which Dillon is a member pursuant to Agreement dated May 12, 21, completed the design, permitting and construction of the enlargement of Old Dillon Reservoir and operated the Reservoir to store water pursuant to these exchanges. B. During the diligence period, the Old Dillon Reservoir Water Authority expended: (i) $2,122,76 on construction labor and materials and engineering and constructions services; and (ii) $193,31 in operating cost, including engineering, legal, accounting, testing, monitoring, maintenance, and other activities related to the Dillon Ditch and Old Dillon Reservoir. C. Dillon also individually incurred substantial costs in connection with the Reservoir project, including without limitation, time spent by staff, attorneys, and engineers. D. Old Dillon Reservoir is operational and provides Dillon with a source of water and structures needed for these exchanges. E. Dillon acquired water supply contracts from the U.S. Bureau of Reclamation for water in Green Mountain Reservoir and an alternative source contract from the Colorado River Water Conservation District for water in Wolford Mountain Reservoir. Dillon has regularly made all required payment pursuant to those contracts. These water supplies provide Dillon with security for its decreed source of replacement and exchanges from Old Dillon Reservoir. F. The Old Dillon Reservoir Water Authority developed administration and accounting protocols for the operation of the Reservoir and has provided regular accounting reports to the Division Engineer for Water Division No. 5 and the U.S. Bureau of Reclamation. G. Dillon, along with Summit County and Silverthorne, adjudicated conditional water rights and findings of reasonable diligence for Old Dillon Reservoir in Case Nos. 7CW226, 8CW21, 8CW22, 1CW12, and 12CW171. H. Dillon operated its exchange from Dillon Reservoir to the Dillon Ditch in part during June through October 217. I. Dillon has participated as an objector in water court applications that could adversely affect the yield, feasibility, and utility of Old Dillon Reservoir, including Case Nos. 1CW115, 12CW175, 16CW34, and 17CW Claim to make absolute in part: Dillon Reservoir to Dillon Ditch Exchange No. 1. A. Date water applied to beneficial use: October 6, 217 Amount: 3.2 cfs and 26.2 acre feet per year. Use: Water was stored in Old Dillon Reservoir for all decreed purposes. B. The application shall include supporting evidence that applicant diverted water in-priority and applied such water to the beneficial uses claimed in the amounts claimed. Copies of the Old Dillon Reservoir annual and monthly accounting sheets are attached as EXHIBIT B. Copies of s to the Water Commissioner providing notice of this exchange are attached as EXHIBIT C. C. Description of place of use where water was applied to beneficial use. The water was put to beneficial use by storage in Old Dillon Reservoir. 6. Names and addresses of owners of the land upon which the subject structures are or will be located: City and County of Denver, Denver Water Board, 16 W. 12 th Avenue, Denver, CO 824; United States Forest Service, Rocky Mountain Region, 74 Simms St., Golden, CO 841, United States Forest Service, Dillon Ranger District, P.O. Box 62, Silverthorne, CO WHEREFORE, Applicant requests that the Dillon Reservoir to Dillon Ditch No. 1 exchange be made absolute in part and the rest be continued as conditional, and the full amount of all other exchanges be continued as conditional. 7. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW34 (9CW6, 2CW252) District Court, Water Division No. 5, State of Colorado, 19 8 th Street, Suite 14, Glenwood Springs, CO 8161 Concerning The Application for Findings of Reasonable Diligence for Water Rights of Gene and Cynthia Trexler in GARFIELD COUNTY, COLORADO. 1. Name and address of applicants: Gene and Cindy Trexler, th Avenue West, Cudjoe Key, FL All pleadings should be directed to: Thomas W. Korver, No , Petros & White, LLC, 1999 Broadway, Suite 32, Denver, CO 822, Phone: (33) Name of structures: Waterstone Wells 1 and 2; Waterstone Pond; Warner Ditch, Waterstone Enlargement; Waterstone Well Exchange. 3. Description of conditional water rights: A. Waterstone Wells 1 and 2. Type: Well. (i) Original Decree: June 16, 23, entered by the District Court in and for Water Division No. 5 ( Water Court ), State of Colorado, in Case No. 2CW252. (ii) Subsequent Diligence Decree: January 22, 212, entered by the Water Court in Case No.

6 PAGE 6 9CW6. (iii) Decreed Locations: The decreed location of Waterstone Well 1 is in the SE1/4 NW1/4 of Section 24, Township 5 South, Range 9 West of the 6 th P.M. more specifically 1673 feet from the North Section line and 1826 feet from the West Section line of said Section. The decreed location of Waterstone Well 2 is in the SE1/4 NW1/4 of Section 24, Township 5 South, Range 9 West of the 6 th P.M. more specifically 187 feet from the North Section line and 1635 feet from the West Section line of said Section. Actual Locations: The actual location of Waterstone Well 1 is in the SE1/4 NW1/4 of Section 24, Township 5 South, Range 9 West of the 6 th P.M. more specifically 1573 feet from the North Section line and 1826 feet from the West Section line of said Section, and is within 2 feet of the decreed location. Waterstone Well 2 is located where decreed. A map depicting the actual locations of Waterstone Wells 1 and 2 is attached as Exhibit A to the Application. (iv) Source: Groundwater tributary to Canyon Creek. (v) Appropriation Date: February 25, (vi) Amount per well: 5 gpm total for both wells. Annual Appropriation:.6 acre-feet each for wells 1 and 2 or 1.2 acre-feet for either Well No. 1 or 2. (vii) Decreed uses: Domestic, irrigation, and stockwater. a. Irrigation limitation: 5, square feet located in the NW1/4 and the NE1/4 of Section 24, Township 5 South, Range 9 West of the 6 th P.M. (viii) Remarks: In Case No. 29CW6, Waterstone Well 1 was made absolute for domestic and irrigation use in the amount of 6.9 gpm. Waterstone Well 1 remains conditional for 43.1 gpm for domestic and irrigation use and for 5 gpm for stockwater use. Waterstone Well 2 is conditional for domestic, irrigation, and stockwater use in the amount of 5 gpm. B. Waterstone Pond. Type: Reservoir. (i) Original Decree: June 16, 23, entered by the Water Court in Case No. 2CW252. (ii) Subsequent Diligence Decree: January 22, 212, entered by the Water Court in Case No. 9CW6. (iii) Decreed Location: The Waterstone pond is located in the SE1/4 NW1/4 of Section 24, Township 5 South, Range 9 West of the 6 th P.M. more specifically 217 feet from the North Section line and 212 feet from the West section line of said section. The decreed location of the Waterstone Pond is shown on Exhibit A to the Application. (iv) Source: East Canyon Creek, tributary to Canyon Creek, tributary to the Colorado River. (v) Appropriation Date: February, (vi) Amount: 2. acre-feet, conditional, with the right to fill, continuously flow through and refill in priority. (vii) Decreed uses: Livestock watering, irrigation, piscatorial, aesthetic, recreational, and fire protection. (viii) Reservoir Characteristics: a. Surface area of high water line:.2 acres b. Maximum height of dam: 1 feet c. Length of dam: 1 feet d. Total capacity of pond, all active: 2 acre-feet C.Warner Ditch, Waterstone Enlargement. Type: Ditch. (i) Original Decree: June 16, 23, entered by the Water Court in Case No. 2CW252. (ii) Subsequent Diligence Decree: January 22, 212, entered by the Water Court in Case No. 9CW6. (iii) Decreed Location: NW1/4 NW1/4 of Section 24, Township 5 South, Range 9 West of the 6 th P.M. approximately 54 feet from the East Section line and 57 feet from the North section line. The decreed location of the Warner Ditch, Waterstone Enlargement is shown on Exhibit A to the Application. (iv) Source: East Canyon Creek, tributary to Canyon Creek, tributary to the Colorado River. (v) Appropriation Date: February 25, (vi) Amount:.67 cfs, conditional (vii) Decreed uses: Irrigation, livestock watering, recreational, aesthetic, and to fill Waterstone Pond. a. Irrigation limitation: 1 acre located in the E1/2 NW1/4 of Section 24, Township 5 South, Range 9 West of the 6 th P.M. 4. Description of Conditional Exchange. Type: Exchange. A. Original Decree: June 16, 23, entered by the Water Court in Case No. 2CW252. B. Subsequent Diligence Decree: January 22, 212, entered by the Water Court in Case No. 9CW6. C. Location: The upstream terminus of the exchange is the location of Waterstone Wells 1 and 2, described in paragraph 3.A. above. The downstream terminus of the exchange is the confluence of Canon Creek and the Colorado River, located in the NW1/4 of Section 36, Township 5 South, Range 9 West of the 6 th P.M. D. Appropriation Date: September 3, 22. E. Description of Water Rights to be Used by Exchange: The following described water rights are to be used by exchange: (i) Green Mountain Reservoir. (a) Source: Blue River, tributary of Colorado River. (b) Legal description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 8 West, and in Sections 17, 18, 19, 2, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6 th P.M. (c) Adjudication Date: October 12, 1955 (d) Appropriation Date: August 1, 1935 (e) Case No.: 2782, 516, and 517 Court: United States District Court, District of Colorado (f) Decreed Amount: 154,645 acre feet (g) Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled Manner of Operation of Project Facilities and Auxiliary Facilities in Senate Document 8. (ii) Ruedi Reservoir. (a) Source: Frying Pan River, tributary of Colorado River (b) Legal description: an on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6 th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. (c) Adjudication Date: June 2, 1958 (d) Appropriation Date: July 29, 1957 (e) Case No. C.A (f) Court: Garfield County District Court (g) Decreed Amount: 12,369 acre feet (Originally decreed for 14,697.3 acre feet; reduced to 12,369 acre feet in Case No. W ) (h) Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. (i) By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 11,28 acre feet, conditional. In Water Court Case No. 95CW95, 44,59 acre feet was made absolute. F. Description of Exchange: Applicants have an appropriative right of exchange of water in the amount of the monthly/annual depletions occurring from the use of the Waterstone Wells 1 and 2 in the amount of 5 gpm from the confluence of Canyon Creek with the Colorado River up to the Waterstone Wells 1 and Detailed outline of work done to apply water to beneficial use. During the diligence period, the Applicants have engaged in the following specific activities that demonstrate diligence toward the application of water to the decreed beneficial use: A. Applicants have continued to maintain the wells, pond and ditches to enable them to use the subject conditional water rights. B. Applicants have engaged a water resources engineer to provide advice and consultation regarding the development of the portions of the subject conditional water rights remaining conditional. C. Applicants have expended approximately $6, in legal and engineering fees in connection with the development and protection of the subject water rights and the structures for the diversion and storage of the subject water rights. D. Applicants have expended approximately $5,5 in additional funds in maintaining the structures for the diversion and storage of the

7 PAGE 7 subject water rights and in connection with Applicants contract with the West Divide Water Conservancy District for the subject exchange plan. E. Applicants have invested considerable additional effort toward maintaining and perfecting the subject water rights and the structures for the diversion and storage of said water rights. Other than the examples listed above, Applicants do not have exact estimates of the amounts expended during the diligence period in connection with maintaining their water rights as the majority of Applicants expenses in this regard were performed by Applicants themselves. F. Applicants have continually monitored the filings for water rights and water related activities of other users that may injure Applicants water rights. G. Applicants fully intend to develop and utilize the subject conditional water rights to the full decreed amounts. 6. Names, and addresses of owners 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 storage pool: The Waterstone Wells 1 and 2 and the Waterstone Pond are located on land owned by the Applicants. The Warner Ditch, Waterstone Enlargement headgate is located on land owned by Okanela Barn LLC, whose address is 141 E Meadow Drive, Suite 211, Vail, CO WHEREFORE, Applicants request that a decree be entered finding that Applicants have exercised reasonable diligence in the development of the conditional water rights described in paragraph 3 above and the conditional exchange described in paragraph 4, and for such other and further relief as this Court deems just and proper. (9 pages) 8. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW35 (6CW275) in GRAND COUNTY, COLORADO; APPLICATION FOR WATER STORAGE RIGHT, TO AMEND AND RESTATE PLAN FOR AUGMENTATION, AND FOR APPROPRIATIVE RIGHT OF EXCHANGE. Name of Applicant: Steve Reynolds, th Street, Suite 25, Denver, Colorado 822. Attorneys for Applicant: Stephen C. Larson, Alison M. Lipman, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 834; Phone: (33) Overview. Applicant seeks to (a) adjudicate a water storage right for Reynolds Pond, a small fish pond on Applicant s property located near Lake Granby; (b) adjudicate an enlargement of Widdifield Spring No. 1, decreed in Case No. 6CW275, in order to add the uses of pond filling for Reynolds Pond, plus all uses that will be decreed for the pond; and (c) amend and restate the plan for augmentation and exchange that was decreed in Case No. 6CW275 in order to add Reynolds Pond as an augmented structure in addition to Widdifield Spring No. 1. CLAIM FOR NEW WATER RIGHTS. Name and Description of Water Storage Right. Name of Structure. Reynolds Pond. Location of Dam Centerline. UTM coordinate: X: and Y: , Zone 13N, NAD Sources: Ross Creek, tributary to the Colorado River; Widdifield Spring No. 1, decreed in Case No. 6CW275; and Surface runoff tributary to the Colorado River. Amount Claimed. 4.4 acre-feet, absolute. Appropriation Date. December 31, Uses. Irrigation, fire protection, fish and wildlife, recreation. Rate of Fill. 2 cfs. Surface Area of High Water Line. ~.7 acres. Total Capacity of Reservoir. 3 acre-feet. Remarks. Reynolds Pond is on-channel of Ross Creek, a tributary to Lake Granby and the Colorado River. Name and Description of Spring Right Enlargement. Name of Structure. Widdifield Spring No. 1 Enlargement. Location. Widdifield Spring No. 1 is located in the SW1/4 SW1/4 of Section 25, T3N, R76W of the 6 th P.M., 1,1 feet from the South line of said Section 25 and 1,1 feet from the West line of said Section 25, (UTM coordinate: X: and Y: , Zone 13N, NAD 1983), on Parcel A, Widdifield Outright Exemption, according to the plat thereof recorded at Reception No in the Grand County real property records. Source. Spring water tributary to Ross Creek, tributary to Granby Reservoir, tributary to the Colorado River. Dates of Appropriation. August 13, 27 as to the new (non-irrigation) uses for the spring decreed herein. June 1, 2 as to the irrigation use decreed in Case No. 6CW275. Rate and Amount. 3 gallons per minute (gpm) or.67 cfs, absolute, with a total demand for the enlargement of 4.4 acre-feet per year. The total demand for Widdifield Spring was 3.85 acre-feet per year for the irrigation use decreed in 6CW275. By this enlargement, Applicant is adding a use of pond filling (including replacement of evaporative loss), which creates an additional demand of 4.4 acre-feet per year. Accordingly, the Widdifield Spring structure will have a total diversion of 8.25 acre-feet per year with the original right and this enlargement right, combined. Uses. Irrigation, storage (filling of Reynolds Pond, including the replacement of evaporative loss), fire protection, fish and wildlife, recreation. All uses other than irrigation and fire protection shall occur at the high water line of Reynolds Pond. REQUEST TO AMEND AND RESTATE PLAN FOR AUGMENTATION AND EXCHANGE DECREED IN CASE NO. 6CW275. Statement of Plan for Augmentation and Exchange. Name of Structures to be Augmented. Reynolds Pond. Reynolds Pond is described in paragraph 3 above. Widdifield Spring No. 1 and Widdifield Spring No.1 Enlargement. Widdifield Spring No. 1 and its enlargement are described in paragraph 4 above. Water Rights to be Used for Augmentation. Source of Exchange. Applicant has been approved for two Water Allotment Contracts with the Middle Park Water Conservancy District ( MPWCD ), one for 3.1 acre-feet and one for 1.4 acre-feet per year, for a total of 4.5 acre feet of water per year

8 PAGE 8 (the MPWCD Contracts ), which is the amount of the total depletions under this plan. The MPWCD Contracts represent a portion of the 3, acre feet produced from Municipal Subdistrict, Northern Colorado Water Conservancy District, water supplies which the Municipal Subdistrict has agreed to dedicate and set aside annually in Granby Reservoir, which is located upstream of the confluence of the Fraser and Colorado Rivers, on the Colorado River, Grand County, Colorado, pursuant and subject to the terms and conditions to the Agreement Concerning the Windy Gap Project and the Azure Reservoir and Power Project, Dated and Signed April 3, 198 and approved by Water Court, Water Division 5, Civil Action 1768, by Interlocutory Decree dated October 27, 198, and Supplement to Agreement of April 3, 198, duly decreed in Case No. 85CW135. As an alternate source of supply under its MPWCD Contracts, Applicant may utilize water stored in Wolford Mountain Reservoir. The water is a portion of the storage right located at Wolford Mountain Reservoir, as adjudicated in Case No. 97CW283, decree entered November 2, 1989, District Court, Water Division 5. MPWCD has an interest in 3, acre-feet of this Wolford Mountain water virtue of an agreement between the Colorado River Water Conservation District, the Board of County Commissioners of Grand County, and the Middle Park Water Conservancy District, dated December 17, The legal description of the place of storage is: Wolford Mountain Reservoir, the dam of which is located in SW ¼ NE ¼ of Section 25, Township 2 North, Range 81 West of the 6 th P.M. Detailed Description of Plan for Augmentation. The plan for augmentation as decreed in Case No. 6CW275 replaces 3.1 acre-feet of depletions arising from the direct use of Widdifield Spring No. 1 for irrigation. The plan for augmentation as amended and restated in this case seeks to retain augmentation of 3.1 acrefeet per year of depletions arising from the use of Widdifield Spring No. 1 for irrigation (directly or following storage in Reynolds Pond), and to add augmentation of 1.4 acre-feet per year of evaporative loss from Reynolds Pond to the depletions to be augmented. Projected Demands acre-feet per year, consisting of 3.85 acre-feet of diversions from Widdifield Spring No. 1 and 1.4 acre-feet per year of evaporative loss from Reynolds Pond. Consumptive Use. 4.5 acre-feet per year, consisting of 3.1 acre-feet of depletions from Widdifield Spring No. 1 as decreed in Case No. 6CW275 and 1.4 acre-feet per year of evaporative loss from Reynolds Pond. Conditional Rights of Exchange. As part of this plan for augmentation, Applicant was awarded a conditional right of exchange in Case No. 6CW275 in order to replace out-of-priority depletions from Widdifield Spring irrigation at the confluence of the Colorado River and Willow Creek with MPWCD contract water from the Windy Gap Project. Applicant seeks by this application to add a conditional right of exchange in order to replace out-of-priority depletions from Reynolds Pond at this same downstream terminus. Widdifield Spring Exchange Decreed in Case No. 6CW275. Downstream Terminus. Colorado River to a point where releases from Wolford Mountain Reservoir meet the Colorado River (confluence of Muddy Creek with the Colorado River). Releases from Wolford Mountain Reservoir meet the Colorado River in the NW1/4 NE1/4 of Section 19, T1N, R8W, of the 6 th P.M., at a point approximately 2, feet from the East line of said Section 19 and 2 feet from the North line of said Section 19. Upstream Terminus: The upstream terminus is the location of Widdifield Spring No. 1 in the SW1/4 SW1/4 of Section 25, T3N, R76W of the 6 th P.M., 1,1 feet from the South line of said Section 25 and 1,1 feet from the West line of said Section 25. Exchange rate. Up to.5 cfs, conditional with a total exchange volume of not more than 3.1 acre-feet per year. Date of appropriation. December 29, 26. Remarks. This right of exchange was decreed in Case No. 6CW275 and is included here as a part of amending and re-stating the plan for augmentation decreed in that case. Reynolds Pond Exchange. In addition to the exchange decreed to Widdifield Spring in Case No. 6CW275, which shall be used as a filling source for Reynolds Pond, Applicant seeks to decree a conditional appropriate right of exchange for up to an additional 1.4 acre-feet per year for replacement of evaporative losses at Reynolds Pond. Downstream Terminus. Colorado River to a point where releases from Wolford Mountain Reservoir meet the Colorado River (confluence of Muddy Creek with the Colorado River). Releases from Wolford Mountain Reservoir meet the Colorado River in the NW1/4 NE1/4 of Section 19, T1N, R8W, of the 6 th P.M., at a point approximately 2, feet from the East line of said Section 19 and 2 feet from the North line of said Section 19. Upstream Terminus. The upstream terminus is the location of Reynolds Pond, as set forth in paragraph 3.a.i, above. Exchange Rate..1 cfs, conditional, with a total exchange volume of not more than 1.4 acre-feet per year. Appropriation Date. November 22, 217, the date Applicant applied for 1.4 acre-feet of augmentation water from Middle Park Water Conservancy District. Remarks. Applicant will operate the Reynolds Pond Exchange only at such times when deliveries of the replacement water at the relevant downstream exchange terminus will satisfy the downstream calling water right. Name and Address of Landowner Upon which any New or Modified Diversion Structure is Located. All of the structures are located on land owned by Applicant. (7 pages) 9. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES

9 PAGE 9 18CW36 EAGLE COUNTY, DOTSERO RANCH PROPERTY OWNERS ASSOCIATION, IN THE COLORADO RIVER OR ITS TRIBUTARIES. Amended Application for Findings of Reasonable Diligence, Dotsero Ranch Property Owners Association c/o Meghan N. Winokur and William H. Caile, HOLLAND & HART LLP, 6 East Main Street, Ste. 14, Aspen, Colorado 81611, MWinokur@hollandhart.com, WHCaile@hollandhart.com. Name of structures: Vogelman Well No. 1, Vogelman Well No. 2, Vogelman Well No. 3/Infiltration Gallery, Vogelman Pump and Pipeline, and Vogelman Pond ( subject water rights ). Previous decrees: Original Decree: Case No. 97CW282, Water Division 5, decree entered October 19, Diligence Decrees: Case No. 11CW69, Water Division 5, decree entered January 28, 212; Case No. 4CW178, Water Division 5, May 2, 25. Vogelman Well No. 1: (i) Location: As decreed in Case No. 99CW35, Water Division No. 5, the location is the NE¼ SE¼, Section 4, Township 5 South, Range 86 West 6 th P.M., at a point 155 feet from the South line and 1 feet from the East line of said Section 4. In Case No. CW4, Vogelman Well No. 1 was decreed an alternate point of diversion at the Vogelman Well No. 3/Infiltration Gallery. (ii) Source: Alluvial aquifer tributary to the Eagle River, tributary to the Colorado River. (iii) Appropriation Date: September 17, (iv) Amount: 25 gpm, conditional, up to 14.5 acre feet annually under any combination of the Vogelman Well Nos. 1, 2 and/or 3. (v) Decreed Use: irrigation; domestic use in up to ten dwelling units; domestic and commercial for 6, square feet of commercial space; fill and refill Vogelman Pond continuously when in priority for the decreed uses and to replace pond evaporation. (vi) Well Depth: N/A. Vogelman Well No. 2: (i) Location: In the NE¼ SE¼, Section 4, Township 5 South, Range 86 West 6 th P.M., at a point 23 feet from the South line and 12 feet from the East line of said Section 4. In Case No. CW4, Vogelman Well No. 2 was decreed an alternate point of diversion at the Vogelman Well No. 3/Infiltration Gallery. (ii) Source: Alluvial aquifer tributary to the Eagle River, tributary to the Colorado River. (iii) Appropriation Date: September 17, (iv) Amount: 25 gpm, conditional, up to 14.5 acre feet annually under any combination of the Vogelman Well Nos. 1, 2 and/or 3. (v) Decreed Use: irrigation; domestic use in up to ten dwelling units; domestic and commercial for 6, square feet of commercial space; fill and refill Vogelman Pond continuously when in priority for the decreed uses and to replace pond evaporation. (vi) Well Depth: N/A. Vogelman Well No. 3/Infiltration Gallery: (i) Location: In the NE¼ SE¼, Section 4, Township 5 South, Range 86 West 6 th P.M., at a point 135 feet from the South line and 12 feet from the East line of said Section 4. In Case No. CW4, Vogelman Well No. 3 was decreed as an alternate point of diversion for the Vogelman Well Nos. 1 and 2. (ii) Source: Alluvial aquifer tributary to the Eagle River, tributary to the Colorado River. (iii) Appropriation Date: September 17, (iv) Amount: 25 gpm, conditional, up to 14.5 acre feet annually under any combination of the Vogelman Well Nos. 1, 2 and/or 3. (v) Decreed Use: irrigation; domestic use in up to ten dwelling units; domestic and commercial for 6, square feet of commercial space; fill and refill Vogelman Pond continuously when in priority for the decreed uses and to replace pond evaporation. (vi) Well Depth: 1 feet. Vogelman Pump and Pipeline: (i) Location: In the NE¼ SE¼, Section 4, Township 5 South, Range 86 West 6 th P.M., at a point 135 feet from the South line and 12 feet from the East line of said Section 4. (ii) Source: Eagle River, tributary to the Colorado River. (iii) Appropriation Date: September 17, (iv) Amount:.25 cfs, conditional. (v) Decreed Use: to fill Vogelman Pond for application to domestic, commercial, irrigation, fire protection, aesthetic, and augmentation uses associated with the Dotsero Ranch PUD; and to refill the pond continuously when in priority for said uses and to replace pond evaporation. Vogelman Pond: (i) Location of dam: In the NE¼ SE¼, Section 4, Township 5 South, Range 86 West 6 th P.M., at a point 19 feet from the South line and 95 feet from the East line of said Section 4. (ii) Source: Eagle River or alluvium, tributary to the Colorado River. (iii) Appropriation Date: September 17, (iv) Amount: 6.8 acre feet, conditional. (v) Decreed Use: irrigation; domestic, commercial, fire protection, aesthetic, and augmentation. The pond may be filled and refilled continuously when in priority for application to these beneficial uses, and to replace pond evaporation. The subject water rights are part of an integrated water project and system for the Dotsero Ranch PUD. C.R.S (4)(b). A detailed outline of activity during the diligence period is included in the Application. Name and address of owner 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 storage pool: Applicant. (7 pages) 1. PURSUANT TO C.R.S., , AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES 18CW37 GRAND COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Knot Interested LLC, c/o Christopher Thorne, Esq. and Tarn Udall, Esq., Holland & Hart LLP, th Street, Suite 32, P.O. Box 8749, Denver, CO 821, (33) 295-8, cthorne@hollandhart.com, ctudall@hollandhart.com. Names of structures: Aspen Meadow Spring No. 1 and Aspen Meadow Spring No. 2. Decree information: Original Decree: Case No. 4CW89. Date Entered: May 9, 25. Court: District Court, Water Division No. 5. Aspen Meadow Spring No. 1: Point of diversion: A spring located in the SE ¼ of the NE ¼ of Section 5,