TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7

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1 DISTRICT COURT, WATER DIVISION 7, COLORADO WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7 Pursuant to C.R.S , you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of November, 2011, for each county affected. 11CW65 Ben Nighthorse and Linda Campbell, PO Box 639, Ignacio, CO 81137: Ohnemus Spring; La Plata County; Date of original decree, 12/1/80; Case no. W-79CW53; NE1/4SE1/4, Section 4, T33N, R7W, NMPM; 2150 feet from South, 540 feet from East; Spring tributary to Ute Creek, tributary to Pine River; Appropriation date, 1/1/79; Irrigation of 10 acres, domestic, and stockwater; Proposed change, change cfs, add an alternate point of diversion, NE1/4SE1/4, Section 4, T33N, R7W, NMPM, 1777 feet from South, 302 feet from East, Northing , Easting ; See application for details cfs. Application for Change of Water Right (7 pages) 11CW66 Mark E. Wilsey and Seth A. Wilsey, PO Box 902, Pagosa Springs, CO 81147: Wilsey Pump; Archuleta County; NW1/4SW1/4, Section 13, T35N, R2W, NMPM; 1883 feet from South, 1156 feet from West; Northing , Easting ; Mccabe Creek; Date of initiation of appropriation, 10/24/11; Appropriation was initiated by locating pump site on ditch bank; Irrigate lawn and trees;.033 Conditional. Application for Water Rights (Surface) (4 pages) 11CW67 Cindy M. Svatos, 319 Park Drive, Glenwood Springs, CO 81601; Pam Atencio, 1036 Grant, Louisville, CO 80027; Margaret Pacheco, 4623 County Rd 134, Hesperus, CO 81326: Martinez Ditch; La Plata County; Date of original decree, March 1977; Case no. W-1549; SE1/4SE1/4, Section 7, T33N, R7W, NMPM; 300 feet from South, 1/20 feet from East; Rock Creek tributary to Pine; Appropriation date, ; Domestic, irrigation and recreation; Amount decreed to structure, 1.5 cfs; Amount to change, 0.25 cfs; Proposed change, add an additional alternate point of diversion #3 for a pump on Rock Creek on applicant s land, irrigation of same lands in original decree; Martinez Ditch alternate point #4, NE1/4NE1/4, Section 18, T33N, R7W, NMPM; 905 feet from North, 637 feet from East; Northing , Easting Application for Change of Water Right (6 pages) 11CW68 SAN JUAN COUNTY, WATER DISTRICT NO. 7: 1) Applicant: San Juan County Historical Society; 2) Attorneys: Adam T. Reeves and Janice C. Sheftel, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Application for Declaratory Judgment or, in the Alternative, for New Surface Water Right; 4) Name of Structure : Mayflower Pipeline; 5) Source: Arrastra Gulch, tributary to the Animas River; 6) Location: POD: at a point on West bank of Arrastra Creek, whence U.S.M.M. "Evergreen Lode" bears N13 42' W, 5, feet, and is approximately in the unsurveyed SW corner of Section 14, T41N, R7W, N.M.P.M.; 7) Decree: Case W-352, August 10, 1971; 8) Appropriation Date: December 31, 1930; 9) Amount: 2.23 cfs; 11) Uses: Currently, the Mayflower Mill is used to demonstrate milling operations for tourists, rather than in ore production mode. The water from the Mayflower Pipeline is used, as it historically was, in the fire protection system for the mill, in restrooms in the old assay office, for limited irrigation, dust control and for domestic use. The assay office building previously had two apartment units, now too dilapidated for rental, but which are to be fixed up, as money is available. In addition, bulk water, delivered by the Mayflower Pipeline, is taken from the Mayflower Mill site for concrete plant operations (industrial use) and also is treated to serve businesses in the Power House PUD (commercial). Applicant believes that the original decreed uses of

2 mining and milling (industrial) incorporate the uses of the Mayflower Pipeline for commercial, dust control, irrigation, fire protection and domestic purposes. In the alternative, new commercial, dust control, domestic, fire protection and irrigation uses are requested for the Mayflower Pipeline decreed as in Paragraph 7 above, located, as in Paragraph 6 above, with an appropriation date as set forth in Paragraph 8 above in the amount set forth in Paragraph 9 above and with the source as in Paragraph 5 above. (3 pages) 11CW69 San Juan County; Application for Surface Water Right, Water Storage Right and other Water Right; Names, addresses and telephone numbers of Applicants: Jack Clark, Jr. and Barbara Clark, PO Box 767, Silverton, CO 81433, (970) Please direct all correspondence to: Mary Elizabeth Geiger, Esq., SHERRY A. CALOIA, LLC, 1204 Grand Ave., Glenwood Springs, CO 81601,(970) , megeiger@caloia.net. Claim for Water Storage Right: Name of structure: Clark Pond No. 2. Location: Clark Pond No. 2 is located in the NW1/4 SW1/4 of Sec 31, T 42 N, R 6 W of the N.M.P.M., being 2791 feet from the south section line and 1103 feet from the west section line, in San Juan County, Colorado. Source: Maggie Gulch, tributary to the Upper Animas River, tributary to the San Juan River. Appropriation date and how appropriation initiated: June 2006, by commencement of gravel mining activities. Amount: 51.7 acre-feet, conditional, with the right to refill and continuously fill, conditional. Use: piscatorial, aesthetic, mining, industrial, recreational, irrigation and stockwater, augmentation, replacement and exchange. Legal description of land to be irrigated: Applicants property located in the NW1/4 SW1/4 of Section 31, Township 42 North, Range 6 West of the N.M.P.M., in San Juan County, Colorado as shown on Exhibit A. If off-channel reservoirs, name and capacity of ditch or ditches uses to fill reservoirs, and legal description of each point of diversion: Maggie Ditch and Pipeline, as described below at the rate of 0.25 c.f.s. (125 g.p.m.) Dam length: 100 feet. Dam height: less than 10 feet. Total acre feet: 51.7 acre feet. Active Storage: 51.7 acre feet. Dead Storage: 0 acre feet. Surface Area: 3.8 acres. Name and Address of owners of land upon which place of storage is located: Applicants. Claim for Surface Water Right: Name of structure: Maggie Ditch and Pipeline. Location: The point of diversion is located in the SW1/4 NW1/4 of Sec 31, T 42 N, R 6 W of the N.M.P.M., being 1586 feet from the west section line and 2898 feet from the south section line, in San Juan County, Colorado as shown on Exhibit A. Source: Maggie Gulch, tributary to the Upper Animas River, tributary to the San Juan River. Appropriation date and how appropriation initiated: June 2006, by commencement of gravel mining activities. Amount: 0.25 c.f.s., conditional. Use: to fill Clark Pond No. 1 and Clark Pond No. 2, as described herein, for all purposes, including piscatorial, augmentation, exchange, aesthetic, mining, industrial, recreational, irrigation and stockwater. Name and Address of owners of land upon which point of diversion is located: Applicants. Claim for Water Right: Name of structure: Clark Pond No. 1. Location: Clark Pond No. 1 is located in the NW1/4 SW1/4 of Sec 31, T 42 N, R 6 W of the N.M.P.M., being 2284 feet from the south section line and 630 feet from the west section line, in San Juan County, Colorado as shown on Exhibit A. Source: groundwater and surface water tributary to the Upper Animas River, tributary to the San Juan River. Appropriation date and how appropriation initiated: June 2006 by commencement of gravel mining activities. Amount: 5.63 acre-feet, conditional, Surface area: 4 acres (approximately 3.9 acre-feet of evaporation per surface acre per year for a total of 15.6 acre-feet per year of evaporation). Use: piscatorial, aesthetic, mining, industrial, recreational, irrigation and stockwater. Dam length: 100 feet Dam height: less than 10 feet Total acre feet: 5.63 acre feet Active Storage: 5.63 acre feet Dead Storage: 0 acre feet Surface Area: 4.0 acres Legal description of land to be irrigated: Applicants land located in the NW1/4 SW1/4 of Sec 31, T 42 N, R 6 W of the N.M.P.M., in San Juan County, Colorado as shown on Exhibit A. Name and Address of owners of land upon which place of storage is located: Applicants. Remarks: The Clark Pond No. 1 intercepts groundwater and is the subject of Well Permit No F. In addition, water flows from the Maggie Ditch and Pipeline into the Clark Pond No. 2, and then overflows into the Clark Pond No. 1, where it will then flow back into the Animas River when the pond is full. Upon entry of a decree in this matter, Applicants will apply for a new well permit for these additional uses. (5 pages)

3 11CW70 La Plata County, Water District 30: 1) Applicant: Windom Water Company, Inc. c/o Mahlon White, President, P.O. Box 2097, Pueblo, CO 81004; 2) Attorney: Geoffrey M. Craig, The Craig Law Firm P.C., 813 Main Ave., Suite 206 Durango, CO 81301; 3) Name of Structures: Mortimer Well, Brooks Well, Craig Well, White Well, and Windom West Ponds, decreed in Case No: 04CW41; 4) Type of Application: Application for a Finding of Diligence; 5) Drainage Basin: Elbert Creek, tributary to the Animas River; 6) Locations: NE1/4 and SE1/4 of Section 11, T38N, R9W, NMPM, within Windom Ranch and Windom West, as particularly described in application and map attached thereto; 7) Decreed Uses: In addition to the uses decreed in Case No. 01CW111, the Wells were decreed in Case No. 04CW41 for the following uses: 1) In house use for up to twelve (12) single-family residences on Windom West, as shown on the map attached to the application; 2) in-house use in one (1) single-family residence located on the Irma J. McNamara property, as shown on the map attached to the application; 3) irrigation of 30,000 square feet (0.69 acres) on Windom West; 4) storage in 30,000 square feet (0.69 surface acres) of ponds on Windom West; 5) fire protection; 6) piscatorial; 7) watering of up to 12 head of livestock; and 8) recreation; Uses are subject to the terms and limitations of the plan for augmentation decreed in Case No. 04CW41; 8) Quantities: Mortimer Well: cfs; Brooks Well: cfs; Craig Well: cfs; White Well: cfs; Windom West Ponds: 3 acre-feet; 9) Summary of Activities to Develop Water: This case for due diligence relates to the water rights decreed conditional in Case No. 04CW41, as described above. All Wells have been developed, integrated into the Windom water system, and used for the uses within Windom Ranch as described in Case No. 09CW53, which uses were made absolute in that case. The Windom North Pond and Windom South Pond, which are filled by the Wells, have been developed and used, and water lines from the wells and ponds have been installed for use in Windom Ranch s potable and non-potable water systems. Three houses have been developed within Windom Ranch and are using water from the water system. The Windom West property was taken through the County subdivision process and parceled into five lots. Roads, utilities and other infrastructure have been installed. Water lines from the Windom water system have been extended to Windom West. Applicant has employed a water attorney, water system operator, and water system installer and maintenance person. The cost of water development within Windom Ranch and Windom West is well in excess of one million dollars; 10) Landowners: Structures are located on Windom Ranch and Windom West common area and individual parcels within Windom Ranch and Windom West, the owners of which are represented by the Applicant in this case; 11) Additional Information: Applicant requests that the Court enter a decree finding that Applicant has been reasonably diligent in developing the conditional water rights decreed in Case No. 04CW41, and ruling that such water rights shall be retained for an additional six year due diligence period. See Application for more details. (8 pages) 11CW71 Application for Finding of Reasonable Diligence, Applicants: Gerald A. Petro and Kathleen M. Petro. 668 Howard Avenue, Lakeland, FL 33815, (863) ; by their attorneys: Nancy Agro, 700 Main Avenue, Suite K, Durango, CO 81301, (970) Surface Rights: Name of structure: Petro Northwest Diversion Point, Petro South Diversion Point, Petro Northeast Diversion Point or Petro Northeast Highway 550 Diversion Point; Original Decree: April 9, 1997, 95 CW 107, subsequent 03 CW 37, Court: District Court, Water Division 7. Location: Point of diversion: Three Administration valves ( Diversion Points ) will be located on the Applicants property. The Diversion Points are mapped on Exhibit A and Applicants Property is described on Exhibit B, attached hereto and incorporated herein by reference. Diversion Point No. 1, Petro Northwest Diversion Point, ( Northwest Diversion Point ) is more particularly described as: 1860 feet from the East section line and 1,430 feet from the South section line, S 11, T 38 N, R 9 W, N.M.P.M. Diversion Point No. 2, Petro South Diversion Point, ( South Diversion Point ) is more particularly described as: 1890 feet from the East section line and 760 feet from the South section line, S 11, T. 38 N., R 9 W., N.M.P.M. Diversion Point No. 3: Either (1) Petro Northeast Diversion Point, a pump site near the northeast corner of Applicants Property, for the water collected from the run-off and spring flows, is more particularly described as: 1520 feet from the East section line and 1,690 feet from the South section line, Section 11, T 38 N, R9 W, N.M.P.M. ( Northeast Diversion Point ) or (2) Petro Northeast Highway 550 Diversion Point, a surface

4 diversion within the deeded Highway 550 North right-of-way 1,480 feet from the East section line and 1,780 feet from the South section line, Section 11, T. 38 N., R 9 W., N.M.P.M. ( Northeast Highway 550 Diversion Point ). Source: Unnamed springs, seeps and surface flows, including run-off tributary to an unnamed side drainage to Elbert Creek, tributary to the Animas River. Appropriation Date: June 30, 1995; Amount: Up to.35 c.f.s. Conditional for the Northwest Diversion Point to take advantage of Spring runoff. Up to.25 c.f.s Conditional for either the Northeast Diversion Point or the Northeast Highway 550 Diversion Point. The total combined diversions from the Northwest Diversion Point and either the Northeast Diversion Point or the Northeast Highway 550 Diversion Point shall not exceed.35 c.f.s. Up to.35 c.f.s. Conditional for the South Diversion Point. Use: Stock water, fire protection, domestic and irrigation of up to eight acres of pasture land on Applicants Property from the highway right-of-way west up to the tree line in the SE/4, Sec. 11, T. 38 N, R 9 W., N.M.P.M. as shown on Exhibit C, attached hereto and made a part hereof. STORAGE RIGHTS Petro Ponds Nos. 1 and 2, Original Decree: Date: April 9, 1997, Case No.: 95 CW 107, Court: District Court, Water Division 7, Petro Pond #1: 1,700 feet West of the East section line and 1,600 feet North of the South section line. S. 11, T. 38 N, R 9 W., N.M.P.M.; Petro Pond #2: 1,940 feet West of the East section line and 650 feet North of the South section line, S. 11, T. 38 N.,R 9 W., N.M.P.M., Source: Unnamed seeps, springs and surface flows, including run-off tributary to an unnamed side drainage to Elbert Creek, tributary to the Animas River. Petro Collection System, consisting of up to four collection pipe systems as shown on Exhibit A. The legal descriptions for the Northwest Diversion Point, South Diversion Point and Northeast Diversion Point of the Northeast Highway 550 Diversion Point are set forth in Paragraph 3(B) (Surface rights) above. Description of Ponds: Petro Pond #1: The dam will be non-jurisdictional and approximately 250 feet in length. With low level releases and pumped irrigation from storage, the entire storage capacity will be active. Petro Pond #2: The dam will be non-jurisdictional and approximately 150 feet in length. With low level releases and pumped irrigation from storage, the entire storage capacity will be active. Appropriation Date: June 30, 1995, Amount: Petro Pond No. 1: 2.3 acre feet Conditional, initial filling, with right to fill and re-fill in priority. Petro Pond No. 2: 1.36 acre feet Conditional, initial filling, with right to fill and re-fill in priority. Use: Stock water, fish culture, fire protection, domestic and irrigation of up to eight acres of pasture land on Applicants Property from the highway right-of-way west up to the tree line in the SE/4, Sec. 11, T. 38 N, R 9 W., N.M.P.M. as shown on Exhibit C. OTHER PROVISIONS IN DECREE: See Application for Details. (10 pages) THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS 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. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of January, 2012, to file with the Water Clerk, 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 Statement of Opposition must also be served upon the applicant or the applicant s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $158.00; Forms are available through the Office of the Water Clerk or on the Judicial site at Danene M. Etz, Clerk of the Water Court, 1060 E. 2 nd Ave., Room 106, Durango, CO ; , Ext. 6181)

5 Published: before December 31, 2011 Original Signature on file Danene M. Etz, Water Clerk