DISTRICT COURT, WATER DIVISION 3, STATE OF COLORADO TO: 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 March, 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. 99CW8, Evan L. Melby, Inc. (Erich Schwiesow, Esq., PO Box 1270, Alamosa, CO (719) ) Application for Approval of Plan for Augmentation In Costilla County Name of structure to be augmented: Melby Ranch Well No. 2 (yet to be completed) Previous decree(s) for water rights to be used for augmentation: Water rights to be used for augmentation are 125 shares in the Sanchez Ditch and Reservoir Company owned or controlled by Evan L. Melby, Inc. The specific water rights through which the Company derives water for use of its shareholders are as listed in the Company records, but include storage priority number for 77,213 acre feet of water from various sources as of July 8, 1908 and 25,942.4 acre feet from various sources as of December 5, 1909, for irrigation purposes, decree date February 11, Historic use: The water rights to be used for augmentation have historically been used on land within the service area of the Sanchez Ditch and Reservoir Company. See map attached to application. Sanchez personnel report that the average historic yield (delivered water) of the water rights is approximately eight inches, or two-thirds of an acre foot per share. Plan for augmentation: The plan will allow Evan L. Melby, Inc., which owns approximately 10,000 acres of land on Wild Horse Mesa in Costilla County, Colorado, to utilize a well to be located in the NE3 NW3 Section 35, T2N, R72W, 6th P.M., as a source of supply for up to 750 single family homes to be located on Wild Horse Mesa, or, alternatively, to enable the drilling of individual wells on up to 750 lots to be used for single family homes on Wild Horse Mesa. The plan calls for using the 125 shares in the Sanchez Ditch and Reservoir Company owned by Applicant to offset depletions due to consumptive use of the homes. The average annual historical yield of the shares in the Sanchez system has been estimated to be 8 inches, or 2/3 of an acre foot, per share, thereby making available 83.3 acre feet of water per year for augmentation purposes under the 125 shares. Assuming an average historical irrigation efficiency of 50%, acre feet of water are available annually to offset consumptive use from the proposed well or wells. Total consumptive use of the development is estimated to be 39.3 acre-feet per year, as set forth in the application in greater detail. Names and addresses of owners of land on which structure is located: Applicants are the owners of the land on which the diversion structure will be located.

2 (11 Pages with Attachments) Case No. 99CW9, Off Ranches, Inc., 0577 CR 30, Del Norte, CO 81132, Clinton Off, President, (719) Application for Approval of Plan for Augmentation In Rio Grande County Name of Structure to be augmented: Well Number 1970-R, Permit No F, alternate point of diversion to Well No. 1, Case No. W-914, located in the SW 1/4, S30, T40N, R7E, NMPM. Previous decree(s) for water rights to be used for augmentation: Date entered: February 27, 1975; Case No. W-914; Court: Water Division No. 3; Location of Well: SW 1/4 SW 1/4, S30, T40N, R7E, NMPM, at a point 1200 feet from South Section Line and 25 feet from West Section Line. Source: Rio Grande Canal and Santa Maria Reservoir; Amount: 15 Shares - Rio Grande Canal and 10 Shares - Santa Maria Reservoir; Date of Appropriation: 1200 gpm. Decreed Use: Irrigation of acres. Historic Use: See Historic Consumptive Use Analysis attached to Application and is available in the office of the Water Court Clerk. Plan for augmentation: The water rights described above which are presently being diverted through the Canal and Reservoir, will be taken from lateral 2 and diverted into a recharge pit located in the SW 1/4, Section 30. The head gate for the applicants= shares is located in the SE 1/4 of S25, T40N, R7E. The recharge water will be measured into the pit and a record of the amounts of water will be provided as required by the Division Engineer. Water to be used for augmentation will be measured into a recharge pit approximately one acre in size. This size will be sufficient due to high (17 1/4" per hour) infiltration rate. Evaporation is estimated at 2.35 acre feet per acre of pit or 2.35 acre feet per year for the recharge pit. The water to be used for augmentation into the recharge pit will be diverted under the management plan of the Rio Grande Canal. The only change will be in identification of water being delivered to Applicant herein as water to be used also for this plan. The water which has historically been applied to the land through flood irrigation will be fed into the recharge ponds to be removed as described below. Water measured into the recharge pit will be used to augment one well located in the SW 1/4 of Section 30. The SW 1/4 of Section 30 is bisected by Rio Grande Canal, lateral 2 and also by a high voltage electric transmission line. The well will supply water to two center pivot sprinklers. One sprinkler irrigates approximately 68 acres north of lateral 2 and the other irrigates approximately 46 acres south of lateral 2. Applicant has a previous well permit (48533-F July 9, 1997) and is currently irrigating the 68 acres north of lateral 2. This plan for augmentation is to provide replacement water for the 46 acres south of lateral 2. Diversion from the well operating under this plan must be measured in a manner satisfactory to the Division Engineer. The Applicant will pump 76% of the amount of water measured into the recharge pit, minus the evaporation from the recharge pit. Credits may be carried from one year to the next. Accounting on a form satisfactory to the Division Engineer will be provided by November 15 or each year. The Historic Consumptive Use Analysis prepared by Cory Off is attached to the Application and is available in the office of the Water Court Clerk. Names and addresses of owners of land on which structure is located: Applicants are the owners of the land on which the structure(s) are located. (30 Pages with Attachments)

3 Case No. 99CW10, Paul and Virginia Margaret Weaver, (Atty. Felix D. Valdez, PO Box 62, La Jara, CO (719) Petition Pursuant to the Provisions of CRS (10) In Alamosa, County PETITION TO REOPEN CASE NO. W-1085 for the purpose of correcting clerical errors made in describing the location of Well #4 in said action and correcting the location and point of diversion of said Well #4 to its correct location as being in the SW 1/4 NW 1/4 of Section 32, Township 37 N, R 9 E, NMPM, at a point 2565 feet from the North Section line and 56 feet from the West Section line in Alamosa County, Colorado, and for entry of an Amended Judgment and Decree setting forth the correct legal description. (10 Pages with Attachments) Case No. 99CW11, McDonald Ranches, Inc. (Todd Plewe, Esq., PO Box 120, Alamosa, CO (719) ) Application for Change of Water Right In Rio Grande County Well R139-RF, replacement for Well-No.2, W-137. Legal Description: Center of the NE1/4, Section 33, Twp. 40 N., Range 8E., N.M.P.M, 1320 feet from North line and 1320 feet from East line. Source: unconfined aquifer. Appropriation Date: May 31, Quantity of Water: 975 gpm. Uses of Water: agricultural - irrigation. (7 Pages with Attachments) Case No. 99CW12, Daniel M. and Carol A. Russell, 9042 South 106 Road, Alamosa, CO 81101, (719) Application to Make Absolute a Conditional Water Right In Alamosa County Name of structure: Well No. 4-R, Permit No ; Describe conditional water right: Date of Original Decree: December 28, 1992; Case No. 92CW13; Court: Water Division No. 3. Location: NW1/4 NW1/4 NW1/4, S19, T37N, R10E, NMPM. Source: Confined Aquifer. Appropriation Date: July 1, 1910 for 15 gpm. Use: Domestic, livestock and irrigation of one acre of lawn and garden. Depth of Well: 200 feet. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: A replacement well was drilled April 9, The well has been used to irrigate the yard and for domestic and livestock use. Cost of well: $4,276.12; Cost of pump: $ Please see supporting documentation attached to the application and available in the office of the Water Court Clerk. Water applied to beneficial use: Date: April 9, 1993; Amount: 15 gpm; Use: Domestic, livestock and irrigation of yard; Description of place of use where water is applied to beneficial use: NW1/4 NW1/4 NW1/4, S19, T37N, R10E, NMPM. Applicants are the owners of the land on which the structure is located. (10 pages with Attachments)

4 Case No. 99CW13, La Manga Recreation and Development Corporation, and Anastacio J. Lobato, and Los Pinos River Estates, Inc. (Erich Schwiesow, Esq., PO Box 1270, Alamosa, CO (719) ) Application for Change of Water Right In Conejos County Decreed Name of Structure for which change is sought: Augmentation Plans approved in Case Nos. 87 CW 1 and 90 CW 34 for the Cumbres, La Manga, and Los Pinos River Estates subdivisions. From Previous Decree: 87 CW 1: Date entered: Feb. 1, 1988, Water Court for Water Division 3; Decreed Point of Diversion: Original plan allowed for in-house use wells on 29 lots in a 35 acre residential subdivision located in Section 3, T32N, R5E, NMPM, Conejos County, Colorado. Source: the in house wells would draw water from ground water tributary to Los Pinos River. Appropriation Date: January 9, Historic Use: The augmentation plan envisioned in-house use only wells on 29 lots with an average annual occupancy of 91 days per year on the land described above. 90 CW 34: Date Entered: Jan 28, 1992, Water Court for Water Division 3; Decreed Point of Diversion: Original Plan allowed for 167 in house wells and 18 commercial wells in a proposed subdivision to be located in the W2NE3 of Section 3 and the N2NE3 of Section 4, T32N, R5E, NMPM; Source: the in house and commercial wells would draw water from ground water tributary to Los Pinos River; Appropriation Date: September 28, 1990; Historical Use: the augmentation plan envisioned 167 in-house and 18 commercial wells on the land described above. Proposed Change: The applicants propose to combine the two augmentation plans listed above into one plan, using one storage reservoir. In addition, applicants intend to modify the plans to account for a decrease in the number of lots approved for the Cumbres subdivision, and to allow for year-round occupancy of the lots in Los Pinos Estates. The acreage to be covered by the combined plan is the sum of the acreages covered by the two individual plans. It consists of 320 acres, described as the NW3 and the W2NE3 of Section 3 and the N2NE3 of Section 4, T32N, R5E, NMPM, in Conejos County, Colorado. The total number of lots to be covered by the combined and amended augmentation plan is 147 residential lots and 11 commercial lots. All other factors in the 90 CW 30 augmentation plan remain the same. According to the consumptive use formula approved by the Court in 90 CW 34, consumptive use for this combined number of lots equals a total of acre feet per year. Thus, the pond to be used to supply augmentation water under the combined and amended plans must be capable of storing a minimum of acre feet of water. The total amount of water available to offset the consumptive use under the two plans is 16 acre feet per year (15 acre feet from 90 CW 34 and 1 acre foot from 87 CW 1). Therefore, a total of 5.70 acre feet per year remains unnecessary for operation of the amended plan as set forth herein. Applicants desire that this amount of water be made available to offset depletions that may result from any non-in-house use of water that may take place on the subdivision. (22 Pages with Attachments) 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

5 BARRED. You are further notified that you have until the last day of May, 1999, 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 Clerk of the Combined Court, 702 Fourth St., Alamosa, CO Witness my hand and seal of this Court this 8th day of April, Sharon D. Wright Clerk of the Water Court Water Division Fourth Street Alamosa, Colorado SEAL