DISTRICT COURT, WATER DIVISION 3, STATE OF COLORADO ALL PERSONS INTERESTED IN WATER APPLICATIONS FILED IN WATER DIVISION 3.

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1 DISTRICT COURT, WATER DIVISION 3, STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS FILED IN WATER DIVISION 3. Pursuant to C.R.S (3), you are notified that the following is a resume of all applications and amended applications filed in the office of the Water Clerk during the month of September, The names and addresses of applicants, description of water rights, or conditional water rights involved, and description of ruling sought, are as follows: Case No. 1998W16 Chico Farms, James R. and Betty Goodman, Trustees and Calvin Rose, Jr. Personal Representative of the Estate of Calvin Rose, Deceased, P.O. Box 609, Monte Vista, Co (Gordon Rowe, Attorney, P.O. Box 1273, South Fork, Co ) Second Amended Application for Underground Water Right and Plan for Augmentation in Rio Grande County, Colorado Petition to approve well permit # F and for re-issuance of permit as an alternate point of diversion specifically for potato warehouse humidification. Permission to approve existing non-exempt commercial well. Change the water right from irrigation to commercial use. Plan for augmentation. Well # 1A Permit No F, located in the SW ¼ SE ¼ Section 33 Township 40 North, Range 8 East, N.M.P.M., Rio Grande County, Colorado, 1285 feet from the South Section line and 2384 feet from the East Section line, the water from this well to be applied to beneficial use for humidification. Case No. 2002CW19. Donald R. Schulz, 0673 North County Road 104, Alamosa, CO Amended Application For Change of Water Right in Alamosa County Decreed name of structure for which change is sought: Case No. W-1335, Well No. 1, Permit No From previous decree: Date entered April 8, 1976, Water Div. 3. Decreed pt. of Diversion: SW1/4 SW1/4, S 27, T 39N, R 9E, NMPM, at a pt. 18 ft. from the West Section Line and 798 ft. from the South Section Line, in Alamosa County. Source: Unconfined aquifer of the Closed Basin. Appropriation date: May 10, 1958 and April 30, 1961; amount 1400 gpm. Historic use: Irrigation within the South ½ of S 27, 1

2 T39N, R 9E, NMPM. Proposed change: Claim 1: The intention of this amendment by the applicant is to sever Well No. 1-A, Case No. 82CW34, adjudicated as an alternate point of diversion, from the original well that is Well No. 1, Case No. W-1335, permit no Well No. 1-A, Case No. 82CW34 will be taking 950 gpm. at the same location adjudicated in 82CW34 leaving 450 gpm at the original location in Case No. W Applicant s intention is to amend Case No. 82CW34, Well No. 1-A from an alternate point of diversion to a replacement of a portion of the original appropriation by Well No. 1, Case No. W Applicant intends to redesignate Well No. 1-A, Case No. 82CW34 to Well No. 1-R. The depth of well No. 1-R is 80 ft. and produces from the unconfined aquifer. If a change in point of diversion, provide legal description: SW1/4 of the SE1/4, S 27, T 39 N, R 9 E, NMPM, at a point 1170 ft. from the South and 2600 ft. from the East Section Lines. Optional Additional Description: GPS location information in UTM format. Required settings for GPS units are as follows: Format must be UTM; Zone must be 13; Units must be Meters Datum must be NAD27 (CONUS) and; Units must be set to true north. Were points averaged? Yes; Northing 13S Easting UTM Proposed Change: Claim II: The next intention is to request a change of water right from Well No. 1-R to an existing supplemental well (1-S). The location of the supplemental well is the center of SE1/4, S 27, T 39 N, R 9 E, NMPM. The supplemental well (1-S) and Well 1-R will irrigate the SE1/4, S 27, T39N, R 9 E, NMPM. The supplemental well (1-S) will pump 450 gpm. and combined with Well No. 1-R, 82CW34 will not exceed 950 gpm. The depth of Well 1-S is 77 feet and produces from the unconfined aquifer. Optional Additional Description: GPS location information in UTM format. Required settings for GPS units are as follows: Format must be UTM; Zone must be 13; Units must be Meters Datum must be NAD27 (CONUS) and; Units must be set to true north. Were points averaged? Yes; Northing 13S Easting UTM Name and addresses of owners of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Well No. 1-R and 1-S Donald R. Schulz, address stated above; Well No. 1 Larry Crowder, 777 CR 102 North, Alamosa, CO Case No. 2002CW43. City of Alamosa, P.O. Box, 419, Alamosa, CO 81101, (719) c/o John R. Hill, Jr., Bratton &McClow LLC, P.O. Box 669, Gunnison, CO (970) Application for Approval of Plan for Augmentation in Alamosa County Structure to be augmented: ALAMOSA LEVEE BORROW AREA located in the N½ Section 3, Township 37 North, Range 10 East, N.M.P.M. which exposes 20.1 acres of groundwater surface resulting in evaporation of 74.9 acre-feet of water tributary to the Rio Grande. Previous decree for water rights to be used for augmentation: Decree entered in Case No. W-1778, District Court, Water Division No. 3 on July 1, 1976 based upon application filed on June 26, Wells Nos. 1, 2, 3, 4 are the City of Alamosa s municipal and domestic water supply. Well No. 5 was decreed as an alternate point of diversion for Wells Nos. 1, 2, 3 and 4 in Case No. W Source: confined aquifer. Well No. 1 located in the NE¼ SW¼, Section 10, Township 37 North, Range 10 east, NMPM, at a point 2735 feet from north section line and 1360 feet from west section line, in Lot 7, Block 58, Town of Alamosa, Alamosa County, Colorado. Decree for 900 gpm 2

3 for domestic and municipal with priority dates of December 31, 1941 for 800 gpm and May 31, 1957 for 100 gpm. Well No. 2 located in the SW¼ SW¼, Section 11, Township 37 North, Range 10 east, NMPM, at a point 640 feet from south section line and 275 feet from west section line, in Alamosa County, Colorado. Decree for 1800 gpm for domestic and municipal with priority date of October 31, Well No. 3 located in the NW¼ NE¼, Section 10, Township 37 North, Range 10 east, NMPM, at a point 983 feet from north section line and 1749 feet from east section line, in Alamosa County, Colorado. Decree for 600 gpm for domestic and municipal with priority date of December 31, Well No. 4 located in the NE¼ SW¼, Section 4, Township 37 North, Range 10 east, NMPM, at a point 3600 feet from north section line and 2580 feet from west section line, in Alamosa County, Colorado. Decree for 1800 gpm for domestic and municipal with priority date of June 1, Well No. 5 located in the NW¼ NW¼, Section 4, Township 37 North, Range 10 east, NMPM, at a point 1142 feet from north section line and 1300 feet from west section line, in Alamosa County, Colorado. Decree for 800 gpm for domestic and municipal with priority date of March 24, 1971 as alternate point of diversion for Wells Nos. 1, 2, 3 and 4. Decree entered in Case No. W-3526 on May 20, 1976 District Court, Water Division No. 3 to Well No. 7 located in the NE¼ SW¼, Section 15, Township 37 North, Range 10 east, NMPM, at a point feet from east line and feet from south section line, in Alamosa County, Colorado. Decree for 2400 gpm for domestic and municipal as an are alternate points of diversion for Well Nos. 1, 2, 3 and 4 decreed in Case No. W-1778 with priority dates corresponding to those decreed in Case No. W-1778 for the respective wells. Historic Use: Domestic and Municipal Use in the City of Alamosa (City) and discharge into the City wastewater treatment plant. From the early 1970's to 1995, the City treated its effluent in three lagoons with a total surface area of 89 acres. With the construction of a new treatment facility in 1995 the exposed surface area was reduced to 77.3 acres. The exposed surface area was further reduced to 26.3 acres in The City maintained dominion and control over the water diverted through the wells described in paragraph 3, above until it was evaporated. STATEMENT OF PLAN FOR AUGMENTATION With the completion of the new wastewater treatment plant and sewage lagoons, the city is now discharging an average of 1840 ac-ft/yr of effluent into the Rio Grande. Based on engineering calculations, the reduction in sewage lagoon pond size has resulted in an additional ac-ft/yr being discharged into the Rio Grande which historically was evaporated from the larger sewage lagoons. The minimum monthly effluent discharge to the Rio Grande over a four year period was acrefeet. The yearly and monthly totals of discharge are far in excess of the augmentation requirements of acre-feet. It is assumed that the wetland (exposed groundwater) area will have a maximum size of 20.1 acres which is equal to that of 1999 which was a very wet year in the San Luis Valley. However, some changes in management are contemplated and the area may change, thus the augmentation allows for changes in pond/wetland area or uses of pond water. Applicant s engineers have designed a template for calculating the augmentation requirements in any year. If the area of the pond changes so will the augmentation requirements. Applicant s engineers have designed 3

4 spreadsheets to account for the yearly change in pond area as well as an accounting format which will facilitate administration of this proposed plan. The Alamosa wastewater treatment plant discharges into the Rio Grande at a point in the NW¼NE¼ Section 14, Township 37 North, Range 10 East, N.M.P.M. approximately 1105 from the north line and 2532 feet from the east line of said Section 14. No independent water rights are sought by this application. Name and address of owner(s) of land upon which structures are located: Applicant. Address as above. ALAMOSA COUNTY. (6 pages including attachments) Case No. 2002CW44. Myron L. Smith, 5077 Hamilton Rd., Medina, OH Application for Change of Water Right (Supplemental Points of Diversion) in Alamosa County Decreed name of structure for which change is sought: Well No. 7, Case No. W-457, (Permit No F). From previous Decree: Date Entered: May 4, 1978, Case No. W- 457, Water Div. 3. Decreed pt. of diversion: Center of SW1/4, S 16, T 40 N, R 9 E, NMPM, at a pt ft. from the South Section line and 1320 ft. from the West Section Line, in Alamosa County, CO. Source: Unconfined aquifer. Appropriation date Jan. 28, 1972; amount 1000 gpm. Historic use: Irrigation of 130 acres in the SW1/4, S 16, T 40 N, R 9 E, NMPM. Proposed change: Describe change requested: Supplemental well to Well No. 7, W-457, for the continued irrigation of 130 acres in the SW1/4, S 16, T 40 N, R 9 E, NMPM. Location: SW1/4 SW1/4, S 16, T 40 N, R 9 E, NMPM, at a point 660 ft. from the South Section Line and 1320 ft. from the West Section Line. Use Irrigation. Amount 500 gpm, not to exceed 1000 gpm in combination with W-457, Well No. 7. Decreed name of structure for which change is sought: Well No. 8, Case No. W-457, (Permit No F). From previous decree: Date entered May 4, 1978, Case No. W Decreed pt. of diversion: Center of SE1/4, S 16, T 40 N, R 9 E, NMPM, at a point 1320 ft. from the South Section Line and 1320 ft. from the East Section Line, in Alamosa County, CO. Source: unconfined aquifer. Appropriation date: January 28, 1972; amount 1000 gpm. Historic use: Irrigation of 123 acres in the SE1/4, S 16, T 40 N, R 9 E, NMPM. Proposed change: Request a supplemental well to Well No. 8, W-457 for the continued irrigation of 123 acres in the SE1/4 of S 16, T 40 N, R 9 E, NMPM. Location: SE1/4 SE1/4, S 16, T 40 N, R 9 E, NMPM, at a point 660 ft. from the South Sec. Line and 1320 ft. from the East Sec. Line. Use: irrigation. Amount: 500 gpm., not to exceed 1000 gpm. in combination with W-457, Well No. 8. Name and address of owner of land on which structure is located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Myron L. Smith, address stated above. (11 pages including attachments) Case No. 2002CW45 (95CW40). Rio Grande Water Conservation District, c/o Ralph G. Curtis, Jr., General Manager, Highway 160 East, Alamosa, CO and Colorado Division of Wildlife, c/o Grady McNeill, Professional Engineer, 6060 North Broadway, Denver, CO

5 Joint Application for Finding of Reasonable Diligence in Alamosa County 1. Name of Structure: San Luis Lake; 2. Date of Original Decree: September 25, 1996; Court: District Court, Water Division 3, State of Colorado; 3. Case No.: 95CW40; 4. Legal Description: A natural lake located in portions of Sections 25, 26, 35 and 36, T. 40 N., R. 11 E., of the N.M.P.M. The northwest corner of Section 19, T. 40 N., R. 12 E., bears N E, a distance of 10, feet from the inlet of said lake and N E, a distance of 15, feet from the outlet; 5. Source: Tributary inflows into San Luis Lake from Medano Creek, Sand Creek, Big Spring Creek, Little Spring Creek, and San Luis Creek and its tributaries, including Saguache Creek and La Garita Creek; 6. Appropriation Date: November 1, 1994, Amount: 1,635 acre-feet of storage, conditional; 7. Use: Recreation, fish culture, wildlife enhancement, replacement of evaporation and seepage losses, and all uses specified in Case Nos. W and W In addition, water can be diverted from the San Luis Lake for delivery to beneficial use in other areas of the San Luis Valley either for direct application or by exchange. The beneficial uses shall be those contemplated by Case Nos. W-3038 and W-3962; 8. During Diligence: Applicants had intended to store naturally occurring inflows to San Luis Lake in the space between 7,520.8 feet and 7,525 feet above MSL on a joint basis, and hold title to the inflows stored on an equal and pro rata basis with each Applicant being entitled to one-half of any water stored pursuant to this decree. Applicants spent funds and efforts to jointly maintain the San Luis Lake so that it is complete and equipped to hold water when water becomes available for storage. To this end, the Division has operated the Wildlife Area at the San Luis Lake throughout the diligence period at considerable expense. Applicants obtained the storage right in this decree to assist the operation of various features of the Closed Basin Water Salvage Project ( the Project ), to provide an additional source of water to benefit the lands within the District by exchange as well as to provide water for the Division s Project Mitigation activities. Applicants continued to maintain water accounting records for storage in the San Luis Lake as well as annual Closed Basin Project salvage well production. The District also supported development of the Rio Grande Decision Support System and extensive studies of native vegetation evapotranspiration for hydrologic modeling. No water was stored under this decree s priority due to the adverse hydrologic conditions of the last six years in this region. Runoff was not sufficient to fill the decreed storage space and therefore no water was able to be stored pursuant to the priorities in this decree. As soon as water becomes available for storage from native inflows to the San Luis Lake, the Applicants intend to capture and store the water and put such water to beneficial use pursuant to the terms of this decree. 9. If claim to make absolute: n/a; 10. Names and addresses of owners of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: San Luis Lake is located on land owned by the State of Colorado, Department of Natural Resources, and Board of Land Commissioners, subject to a lease to the Applicant Division of Wildlife, c/o Grady McNeill, 6060 North Broadway, Denver, CO (7 page including attachments) 5

6 THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. You are further notified that you have until the last day of November, 2002, to file with the Water Clerk, in quadruplicate, a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a statement of opposition must also be served upon the Applicant or the Applicant s attorney and an affidavit or certificate of such service must be filed with the Water Clerk. A $45.00 filing fee is required. You can review the complete applications in the office of the Alamosa Combined Court, 702 Fourth St., Alamosa, CO Witness my hand and seal of this Court this 10th day of October, Seal Carol S. Redding Clerk of the Alamosa Combined Courts Water Court, Water Division Fourth Street Alamosa, CO