DISTRICT COURT, WATER DIVISION 6, COLORADOTO ALL PERSONS INTERESTED IN WATER APPLICATIONS

IN WATER DIVISION 6

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of November, 2017.

17CW12 ROUTT COUNTY. Application to make Absolute in Whole or in Part. Applicant: Ulf Kucharski, P.O. Box 771098, Steamboat Springs, CO 80477-1098, 303-917-1592. Date of Original Decree: 01/02/12, Case Number: 09CW13, Court: Routt County, Subsequent Decree: 10/27/10. Name of Spring: Luke Spring 1. Subdivision: Vista Ranch, Lot: 7, Block: #27250. Legal Description: NE 4 NW 4, Sec: 3, Township: 6N, Range:85W, Principal Meridian: 6th, Distance from section lines: 350 Feet from N and 1330 Feet from W. Appropriation Date: May 6, 2009, Amount: 0.011 cfs-Conditional. Use: Date water applied to beneficial use: 4/1/12, Amount: .011 cfs-Luke. Name of Spring: Ulf Spring. Subdivision: Vista Ranch, Lot: 7, Block: #27250. Legal Description: NE 4 NW 4, Sec: 3, Township: 6N, Range: 85, Principal Meridian: 6th, Distance from section lines: 140 feet from N and 1660 Feet from W, Street Address: RCR 42. Source Both Springs: Springs Trib to Yampa River, Appropriation Date: May 6, 2009, Amount: 0.002 cfs-Conditional, Use: Livestock. What has been done towards completion of the appropriation to a beneficial use as conditionally decreed: Cleaned weeds and cattails for livestock water. Date water applied to beneficial use: 4/1/12, Amount: .002 cfs-Ulf. Landowner: Applicants.

2017CW13 MOFFAT Application To Make Absolute. Applicant: Maybell Irrigation District; Kris Brahnan (SEC); 60285 Highwy 318 Maybell, Co 81640; (970)737-7915. Structure: Maybell Canal, Type: Ditch. UTM Coordinates: N246374, E4484563, Zone 13. Legal Description: SE4, NW4, Sec 18, T6N, R94W, 6PM. Source: Yampa River. Appropriation Date: 6/01/1901. How Appropriated: Completion of Ditch. Date Applied to use: 06/01/1901. Amount Claimed; conditional 25 cfs, Absolute: 20 cfs. Proposed Use: Livestock. Non-Irrigation Use: Livestock Watering. Applicant: BLM-Craig, Co 81625.

17CW3002 ROUTT COUNTY Amended Application for Finding of Reasonable Diligence and to Make Absolute. Applicants: Catamount Development, LLC c/o David Hill, P.O. Box 774707, Steamboat Springs, CO 80477 and Catamount Metropolitan District c/o Joel Anderson, District Manager, 34035 E US Hwy 40, Steamboat Springs, CO 80487. Copies of all pleadings to: Charles B. White, David S. Hayes, PETROS & WHITE, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, (303) 825-1980; Mark E. Hamilton, Meghan N. Winokur, HOLLAND & HART, LLP, 555 17th St. Suite 3200, Denver, CO 80202-3979, (303) 295-8282. Introduction: This Amended Application restates and replaces the original Application. Applicants filed an Application for Finding of Reasonable Diligence on January 30, 2017. The original application sought a finding of reasonable diligence for the conditional portion of the Applicants’ Lake

Catamount Reservoir water right, described below. Applicants submit this Amended Application to add a claim to make the conditional right fully absolute, as set forth below. Name of structure: Lake Catamount Reservoir, f/k/a Pleasant Valley Reservoir. Description of conditional water right: a. Prior decrees November 10, 1976, Case No. W-403-72, District Court, Water Division No. 6. Prior diligence decrees were entered for the Lake Catamount Reservoir in Case No. 09CW47, dated January 22, 2011; Case No. 02CW91, dated September 25, 2003; Case No. 96CW22, dated December 16, 1996; Case No. 88CW166, dated February 16, 1990; Case No. 84CW195, dated June 13, 1985; and Case No. 80CW151, dated February 17, 1981; all in the District Court, Water Division No. 6. Lake Catamount Reservoir is also included in the decrees entered in Case Nos. W-795 and 99CW72. b. Legal description: Located on the Yampa River in Section 33, T.5N., R.84W. of the 6th P.M., at a point whence the southwest corner of said section bears south 3842' west 11076.6 feet. See map attached as exhibit to the application, available for inspection at the office of the Division 6 Water Court Clerk or via Colorado E-filing. c. Source: Yampa River. d. Appropriation date: July 20, 1972. e. Amount: 7,800 acre-feet, of which 7,800 acre-feet was made absolute for recreational purposes in Case No. 88CW166, and 6.3 acre-feet was made absolute for irrigation purposes in Case No. 02CW91. f. Use: Recreational, municipal, irrigation, industrial and commercial. Evidence of reasonable diligence: Lake Catamount Reservoir is part of the integrated system for supplying the water demands of the Lake Catamount Development, a development located on approximately 3291.770 acres in Sections 20, 22, 27, 28, 31, 32, 33, 34, and 35, T. 5 N., R. 84 W. of the 6th P.M., in Routt County, Colorado, in addition to the Catamount Ranch and Golf Course projects. The application contains a summary of specific projects and work undertaken during the Diligence Period (February 2011 -present) in furtherance of the foregoing developments and their associated water supply. This 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 6 Water Court Clerk or via Colorado E-filing. Claim to make absolute for all decreed purposes. Pursuant to CRS §37-92-301(4)(e), a decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed and controlled at the decreed storage structure. Applicants have diverted and stored the full 7,800 acre-feet volume of their appropriation in Lake Catamount Reservoir and seek confirmation that the subject water right has been made absolute for all decreed purposes. Names(s) and address(es) of owner(s) 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: Applicants. WHEREFORE, the Applicants respectfully requests that this Court enter a decree making the conditional storage rights decreed to Lake Catamount Reservoir, as more fully described above, fully absolute for all decreed purposes, or, in the alternative, finding reasonable diligence for and continuing in full force and effect the remaining conditional water rights for Lake Catamount Reservoir.

17CW3017 MOFFAT- Concerning the Amended Application for Absolute Water Rights of Applicants Harry Kourlis Ranch in the Yampa River or its Tributaries, in Moffat County Colorado, c/o Tom Kourlis, 5310 Nassau Circle East, Englewood, CO 80113, c/o Matthew A. Montgomery and David W. Robbins, Hill & Robbins, P.C., Denver, CO 80264. I. INTRODUCTION. This Amended Application seeks two categories of water rights. First, Harry Kourlis Ranch (“Ranch”) seeks absolute spring water rights for stock and wildlife watering under Sections 37-82-101, C.R.S., et seq., based on the Ranch’s appropriation and beneficial use of the waters of natural flowing springs on the Ranch. Second, the Ranch seeks absolute meadow water rights under Section 37-86-113, C.R.S., to construct ditches to continue the Ranch’s longstanding enjoyment of the use of the water in the natural stream for the irrigation of meadows owned by the Ranch from the natural overflow and operation of the water of the stream, and the diminishing of the water supplied to this stream that will result from the conditional underground and surface water rights, conditional water storage rights, and plan for augmentation sought in Case No. 16CW3056 (Water Div. 6). II. WATER RIGHTS. 1. Name of Applicants: Harry Kourlis Ranch, c/o Tom Kourlis, 5310 Nassau Circle East, Englewood, CO 80113. 2. Names and Locations of Structures: A. Spring Water Rights. Under Section 37-82-103, C.R.S., “[t]he waters of natural flowing springs may be appropriated for all beneficial uses, and the priorities of such appropriations may be determined as provided by law.” Based, inter alia, on this provision, the Ranch seeks absolute spring water rights for the three springs described below. The approximate location of these springs in Moffat County, Colorado, is shown on the map attached to this Application as Exhibit 1. These are the same rights claimed in the original application. i. HKR Collom No. 1: Location: 835 feet north from the N/S line, 2253 east from the E/W line in the NW1/4NE1/4 of Section 7, T.4N, R.93W, 6th P.M. UTM Cords: Easting 256523, Northing 4468421, Zone 13, NAD 83. ii. HKR Collom No. 2: Location: 1164 feet south from the N/S line, 1295 feet west from the E/W line in the SW1/4SW1/4 of Section 28, T.5N, R.93W, 6th P.M. UTM Cords: Easting 258530, Northing 4470575, Zone 13, NAD 83. iii. HKR Collom No. 3: Location: 1070 feet south from the N/S line, 1554 feet west from the E/W line in the SE1/4SW1/4 of Section 28, T.5N, R.93W, 6th P.M. UTM Cords: Easting 258608, Northing 4470544, Zone 13, NAD 83. B. Meadow Water Rights. Under Section 37-86-113, “[a]ll persons who have enjoyed the use of the water in any natural stream for the irrigation of any meadow land by the natural overflow or operation of the water of such stream, in case the diminishing of the water supplied by such stream, from any cause, prevents such irrigation therefrom in as ample a manner as formerly, shall have right to construct a ditch for the irrigation of such meadow and to take water from such stream therefor.” Based, inter alia, on this provision, the Ranch seeks absolute meadow water rights for irrigation ditches to continue the longstanding irrigation of the two meadows described below. The approximate location of these meadows in Moffat County, Colorado, is shown on the map attached to this Application as Exhibit 2. i. HKR Meadow No. 1: The HKR Meadow No. 1 is comprised of approximately 11.8 acres on the banks of Collom Gulch in SW1/4 of Section 28, T.5N, R.93W, 6th P.M. The Ranch seeks absolute meadow water rights to construct a ditch or ditches that divert from the banks of Collom Gulch in this quarter-Section to irrigate HKR Meadow No. 1. ii. HKR Meadow No. 2: The HKR

Meadow No. 2 is comprised of approximately 24.2 acres on the banks of Jubb Creek in the E1/2 of Section 35 and the W1/2 of Section 36, T.5N, R.93W, 6th P.M. The Ranch seeks absolute meadow water rights to construct a ditch or ditches that divert from the banks of Jubb Creek in these half-Sections to irrigate HKR Meadow No. 2. 3. Source and Amounts Claimed: A. Spring Water Rights. The source for each spring water right is ground water tributary to Collom Gulch, tributary to Morgan Gulch, Tributary to the Yampa River. The amount claimed for each spring water right is as follows: i. HKR Collom No. 1: 0.70 c.f.s., absolute. ii. HRK Collom No. 2: 0.214 c.f.s., absolute. iii. HKR Collom No. 3: 0.83 c.f.s., absolute. B. Meadow Water Rights.

The source for the HKR Meadow No. 1 is surface water tributary to Collom Gulch, tributary to Morgan Gulch, tributary to the Yampa River. The source for the HKR Meadow No. 2 is surface water tributary to Jubb Creek, tributary to Milk Creek, tributary to the Yampa River. The amount claimed for each meadow water right is as follows: i. HKR Meadow No. 1: 1.9 c.f.s., absolute. ii. HKR Meadow No. 2: 3.9 c.f.s., absolute. 4. Date of Appropriation and Application to Beneficial Use: A. Spring Water Rights. i. HKR Collom No. 1: The HKR Collom No. 1 was appropriated by, and put to all beneficial uses claimed herein, on or before December 31, 1949. ii. HRK Collom No. 2: The HKR Collom No. 2 was appropriated by, and put to all beneficial uses claimed herein, on or before December 31, 1936. iii. HKR Collom No. 3: The HKR Collom No. 3 was appropriated by, and put to all beneficial uses claimed herein, on or before December 31, 1936. B. Meadow Water Rights. Under Section 37-86-113, C.R.S., applicants for meadow water rights “shall have the same priority as through such ditch had been constructed at the time they first occupied and used such land as meadow ground.” Notwithstanding the foregoing, the Ranch voluntarily waives any claim that the meadow rights are senior to existing decreed priorities in Water Division 6, State of Colorado. See Broad Run Inv. Co. v. Deuel & Snyder Imp. Co., 108 P. 755 (Colo. 1910). The Ranch, however, does seek a priority that is senior to any undecreed or pending claims in Water Division 6, State of Colorado, as of the date of this Amended Application, including all priorities sought in Case No. 16CW3056 (Water Div. 6). i. HKR Meadow No. 1: The Ranch first occupied and used the HKR Meadow No. 1 on or before April, 1944. The Ranch seeks a priority for the HKR Meadow No. 1 meadow water right that is senior to any undecreed or pending claims in Water Division 6, State of Colorado, as of the date of this Amended Application, including all priorities sought in Case No. 16CW3056 (Water Div. 6). ii. HKR Meadow No. 2: The Ranch first occupied and used the HKR Meadow No. 2 in the 1960s by virtue of a lease; the Ranch purchased the HKR Meadow No.2 in 1994. The Ranch seeks a priority for the HKR Meadow No. 2 meadow water right that is senior to any undecreed or pending claims in Water Division 6, State of Colorado, as of the date of this Amended Application, including all priorities sought in Case No. 16CW3056 (Water Div. 6). 5. Uses: A. Spring Water Rights: Stock water, wildlife watering. B. Meadow Water Rights:

Irrigation. 6. Names and address of owner 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: A. Spring Water Rights: The Ranch is the owner of all lands on which HKR Collom No. 1, HKR Collom No. 2 and HKR Collom No. 3 are located. B. Meadow Water

Rights: The Ranch is the owner of all lands on which HKR Meadow No. 1 and HKR Meadow No. 2 are located, and the Ranch is the owner of all lands on which any ditches associated with these two meadows will be constructed.

2017CW3034 (10CW18), Routt County, Colorado. Application for Finding of Reasonable Diligence. Applicants: Catlin and Scott Garrison, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602, (970) 928-9100. Names of Structures: Greenridge Ditch, Greenridge Pond Direct Flow Diversion, and Greenridge Pond Enlargement. Original and Subsequent Decrees: 02CW81, 01/04/2004; 10CW18, 12/29/2010. Locations: Greenridge Ditch: Primary POD: The original point of diversion is located in the SE¼ SE¼ of Section 17, Township 3 North, Range 84 West, 6 th P.M., at a point which is 725 ft west of the east section line and 600 ft north of the south section line of said Section 17. Alternate POD: The alternate point of diversion is located in the NW¼ SW¼ of Section 16, Township 3 North, Range 84 West, 6 th P.M., at a point which is 725 ft from the west section line and 2,650 ft from the south section line. Greenridge Pond Direct Flow Diversion: Point of Diversion: The point of diversion is located on the shore of the Greenridge Pond in the SE¼ SE¼ of Section 17, Township 3 North, Range 84 West, 6 th

P.M., at a point which is 300 ft from the east section line and 600 ft from the south section line. Greenridge Pond Enlargement: Point of Diversion: The point of diversion is located on the SE¼ SE¼ of Section 17, Township 3 North, Range 84 West, 6th P.M., at a point which is 300 ft from the east section line and 600 ft from the south section line. Sources: Greenridge Ditch: Unnamed tributary to Little Morrison Creek, tributary to the Yampa River. Greenridge Pond Direct Flow Diversion: Naturally occurring volume of water in Greenridge Pond, a natural lake tributary to an unnamed stream, tributary to Little Morrison Creek, tributary to the Yampa River. Greenridge Pond Enlargement: The Greenridge Ditch (through the primary point of diversion), which diverts from an unnamed tributary to Little Morrison Creek, tributary to the Yampa River. Appropriation Date (for all structures): 05/31/2002. Amounts: Greenridge Ditch: 0.50 c.f.s., conditional. Greenridge Pond Direct Flow Diversion: 0.133 c.f.s., conditional. Greenridge Pond Enlargement: 4.0 af, conditional (This amount includes both the additional capacity created by Applicants’ intended enlargement of the pond by construction of a berm and a portion of the capacity of the natural pond to the extent capacity exists in the pond over and above the natural surface water level and volume to be determined on a given date under a method developed by the Division Engineer and Applicants). (a) Surface area of high water line: 0.85 acre; (b) Height of dam: 4.0 ft; (c) Length of dam: 200.0 ft; (d) Total capacity of reservoir: 4.0 af; i. Active capacity: 2.50 af, ii. Dead storage: 1.50 af; (e) Rate of filling: 0.50 c.f.s. Uses: Greenridge Ditch: Irrigation, livestock, fire protection and use as a filling source for the Greenridge Pond Enlargement. (a) If irrigation: (i) When diverted at the primary point of diversion, approximately five acres of land will be irrigated located in the E½ SE¼ SE¼ of Section 17 and the W½ SW¼ SW¼ of Section 16, all Township 3 North, Range 84 West, 6th P.M. (ii) When diverted at the alternate point of diversion, approximately two acres of land will be irrigated located in the SW¼ NW¼ of Section 16, Township 3 North, Range 84 West, 6 th P.M. Greenridge Pond Direct Flow Diversion: Irrigation, livestock, fire protection. (a) If irrigation: Approximately five acres of land will be

irrigated located in the E½ SE¼ SE¼ of Section 17 and the W½ SW¼ SW¼ of Section 16, all Township 3 North, Range 84 West, 6 th P.M. Greenridge Pond Enlargement: Irrigation, livestock, fire protection, piscatorial. (a) If irrigation: Irrigation will occur on five acres of land will be irrigated located in the E½ SE¼ SE¼ of Section 17 and the W½ SW¼ SW¼ of Section 16, all Township 3 North, Range 84 West, 6 th P.M. A detailed outline of what has been done toward placing water to beneficial use, including expenditures is included in the Application. Landowner Notification: All structures are located on lands owned by Applicants. Remarks: The structures referenced herein were originally adjudicated, and diligence was maintained collectively, by several co-applicants. However, the co-applicants have since filed separate applications for diligence. Other diligence filings were made in Case Nos. 16CW0032 and 16CW3057. The claims made in this application are not intended to affect the claims made in Case Nos. 16CW0032 or 16CW3057 and only relate to those water rights owned by Applicants. Applicants pray for a decree of this Court, finding the Applicants’ have exercised reasonable diligence toward the development of the aforementioned water rights and any such other and further relief as the Court may deem appropriate. (6 pages, incl. 1 map)

17CW3035 ROUTT COUNTY. APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE. 1. Name and Address of Applicant: City of Steamboat Springs (the “City”), Attn: Kelly Romero-Heaney, Water Resources Manager, P.O. Box 775088, Steamboat Springs, CO 80477. All pleadings should be directed to: Karen L. Henderson, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. (303) 443-6800. 2. Overview: By this application, the City seeks a finding that the municipal use associated with the Vanderbloemen (West) Pond has been made absolute. 3. Description of the Water Right. 3.1. Name of Water Right: Vanderbloemen (West) Pond. 3.2. Original Decree: Decreed by the District Court in and for Water Division No. 6 (“Water Court”) in Case No. 95CW157 on December 5, 1997, followed by an amended decree entered on January 28, 1998. The adjudication date is December 27, 1995. 3.3. Prior Diligence/Absolute Decrees: Previous findings of reasonable diligence or to make absolute were entered by the Water Court in Case No. 03CW80 on August 2, 2004; and Case No. 10CW46 on November 11, 2011. 3.4. Decreed Location of Structure: The Northwest ¼ of the Northwest ¼ of Section 4, Township 5 North, Range 84 West of the 6 th P.M., Routt County, CO, at a point 350 feet south of the North line and 700 feet east of the West line of said Section 4. For convenience, the UTM Coordinates are NAD 83, Zone 13, Easting: 345387, Northing: 4476849. See Exhibit A. 3.5. Source: Surface flows tributary either to Walton Creek, a tributary of the Yampa River, or to the Yampa River mainstem. 3.6. Appropriation Date: 3.6.1. June 30, 1984 for recreation, piscatorial, wildlife, aesthetic, fire protection, and lake and reservoir seepage and evaporation uses. 3.6.2. December 27, 1989 for municipal, commercial, and irrigation uses. 3.7. Amount: 30 acre-feet, with the right to fill and refill at a rate of 4.0 cfs, which has been made absolute for all uses except municipal.3.8. Decreed Uses: 3.8.1. Absolute Uses: Recreation, piscatorial, wildlife, aesthetic, fire protection, commercial, irrigation, and lake and reservoir seepage and evaporation uses. 3.8.2. Conditional Use: Municipal (such use being limited to augmentation of municipal structures pursuant to the decree entered in Case No. 10CW46). 3.8.3. Manner of Use: Such beneficial uses have been or can be accomplished by storage and storage releases, by direct use, or by augmentation. 3.8.4. Decreed Place of Irrigation Use: 170 acres on the Haymaker Golf Course, which is located in the SW1/4 of the NE1/4; that

portion of Lots 1, 2, and the SE1/4 of the NE1/4 lying south and west of U.S. Highway 40; and that portion of Lots 3 and 4 lying south and east of State Highway No. 131, all in Section 4, Township 5 North, Range 84 West of the 6th P.M., Routt County, Colorado. 4. Claim to Make Absolute: The City has captured, possessed, and controlled 30 acre-feet at the decreed storage structure associated with the Vanderbloemen (West) Pond, so it requests a finding that the municipal use (such use being limited to augmentation of municipal structures) associated with this water right has been made absolute pursuant to C.R.S. § 37-92-301(4)(e). There were no calls on Walton Creek or the Yampa River during the subject diligence period to prevent the diversion and storage of the subject water right. 5. Detailed outline of work done to complete project and apply water to beneficial use. In the event the municipal use associated with the Vanderbloemen (West) Pond is not made absolute, the City requests a finding of reasonable diligence. Evidence of the City’s diligence includes, but is not limited to, approximately $177,003 on irrigation improvements within the Haymaker Golf Course as well as $5,496 on work on the Enterprise and Intersection Ditches on the golf course. (4 pages + exhibit)

17CW3036. ROUTT COUNTY. APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE. 1. Name and Address of Applicant: City of Steamboat Springs (the “City”), attn: Kelly Romero-Heaney, Water Resources Manager, P.O. Box 775088, Steamboat Springs, CO 80477. All pleadings should be directed to: Karen L. Henderson, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302; (303) 443-6800. 2. Overview: By this application, the City seeks a finding that the municipal use associated with the Wilson (East) Pond has been made absolute. 3. Description of the Water Right. 3.1. Name of Water Right: Wilson (East) Pond. 3.2. Original Decree: Decreed by the District Court in and for Water Division No. 6 (“Water Court”) in Case No. 95CW158 on December 5, 1997, followed by an amended decree entered on January 27, 1998. The adjudication date is December 27, 1995. 3.3. Prior Diligence/Absolute Decrees: Previous findings of reasonable diligence or to make absolute were entered by the Water Court in Case No. 03CW81 on August 2, 2004; and Case No. 10CW47 on November 11, 2011. 3.4. Decreed Location of Structures: 3.4.1. Wilson (East) Pond. The Northeast ¼ of the Northwest ¼ of Section 4, Township 5 North, Range 84 West of the 6 th

P.M., Routt County, CO, at a point 450 feet south of the North line and 1,750 feet east of the West line of said Section 4. For convenience, the UTM Coordinates are NAD 83, Zone 13, Easting: 345706, Northing: 4476825. See Exhibit A. 3.4.2. Enterprise Ditch Headgate, which conveys additional water from Walton Creek to said pond, the decreed location of which is at a point on the West Bank of Walton Creek from which the NW 1/4 Corner (also known as the NW Corner) of Section 10, Township 5 North, Range 85 West of the 6 th P.M., Routt County, CO bears North 65 degrees, 52 minutes West, 3,300 feet. For convenience, the UTM Coordinates are NAD 83, Zone 13, Easting: 347657, Northing: 4474720. See Exhibit A. 3.4.3. Steamboat Springs Enterprise Ditch Lateral, which may intercept surface flows tributary to Walton Creek and the Yampa River and convey them into said pond, and which is located in the following quarter-quarter sections of land: 3.4.3.1. Section 10, Township 5 North, Range 84 West: NE¼ of the NW¼ and NW¼ of the NW¼. (Note that the SW¼ of the NE¼, the SE¼ of the NW¼, and the SW¼ of the NW¼ were included in prior decrees, but are excluded here because they are not applicable to the current location of the Steamboat Springs Enterprise Ditch Lateral). 3.4.3.2. Section 4, Township 5 North, Range 84 West: SE¼ of the SE¼; NE ¼ of the SE¼; NW¼ of the SE¼; SW¼ of the NE¼; NW¼ of the NE¼; and the NE¼ of the NW¼. 3.5. Source: Walton Creek, a tributary of the Yampa River; and surface flows tributary either to Walton Creek, a

tributary of the Yampa River, or to the Yampa River mainstem. 3.6. Appropriation Date: 3.6.1. July 12, 1984 for recreation, piscatorial, wildlife, aesthetic, fire protection, and lake and reservoir seepage and evaporation uses. 3.6.2. December 27, 1989 for municipal, commercial, and irrigation uses. 3.7. Amount: 10 acre-feet, with the right to fill and refill at a rate of 2.0 cfs, which has been made absolute for all uses except municipal.3.8. Decreed Uses: 3.8.1. Absolute Uses: Recreation, piscatorial, wildlife, aesthetic, fire protection, commercial, irrigation, and lake and reservoir seepage and evaporation uses. 3.8.2. Conditional Use: Municipal (such use being limited to augmentation of municipal structures pursuant to the decree entered in Case No. 10CW47). 3.8.3. Manner of Use: Such beneficial uses have been or can be accomplished by storage and storage releases, by direct use, or by augmentation. 3.8.4. Decreed Place of Irrigation Use: 170 acres on the Haymaker Golf Course, which is located in the SW1/4 of the NE1/4; that portion of Lots 1, 2, and the SE1/4 of the NE1/4 lying south and west of U.S. Highway 40; and that portion of Lots 3 and 4 lying south and east of State Highway No. 131, all in Section 4, Township 5 North, Range 84 West of the 6th P.M., Routt County, Colorado. 4. Claim to Make Absolute: The City has captured, possessed, and controlled 10 acre-feet at the decreed storage structure associated with the Wilson (East) Pond, so it requests a finding that the municipal use (such use being limited to augmentation of municipal structures) associated with this water right has been made absolute pursuant to C.R.S. § 37-92-301(4)(e). There were no calls on Walton Creek or the Yampa River during the subject diligence period to prevent the diversion and storage of the subject water right. 5. Detailed outline of work done to complete project and apply water to beneficial use. In the event the municipal use associated with the Wilson (East) Pond is not made absolute, the City requests a finding of reasonable diligence. Evidence of the City’s diligence includes, but is not limited to, approximately $177,003 on irrigation improvements within the Haymaker Golf Course as well as $5,496 on work on the Enterprise and Intersection Ditches on the golf course. (5 pages + exhibit)

17CW3037 RIO BLANCO COUNTY, Application for Finding of Reasonable Diligence in Development of Water Rights. Mountain Water LLC, P.O. Box 2050, Arvada, Colorado 80001 (303) 434-8757. Copies of all pleadings to Paul F. Holleman, John D. Buchanan, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Boulder, CO 80302. The Applicant is also referred to in this Application as “Mountain Water.” Mountain Water is the successor in interest of Natural Soda, Inc., now known as Natural Soda LLC and referred to herein as “Natural Soda,” with respect to the water rights described in this Application. Mountain Water and Natural Soda are affiliated entities. Natural Soda and its predecessors have successfully operated and continue to operate a sodium bicarbonate mining operation in Rio Blanco County, Colorado. The water rights described in this Application are part of an integrated water supply system that is used to supply water to the sodium bicarbonate mining operations and other operations. The sodium bicarbonate mining is conducted through use of solution mining technologies and is a zero water discharge operation. As described in more detail below, sodium bicarbonate is used for human food, animal food, pharmaceutical, air pollution control, cleaning and many other uses. CONDITIONAL SURFACE WATER RIGHT Name of Structure. 1 Raven Pump and Pipeline. Original Decree. Case No. 1998CW315, Water Division No. 5, entered on November 26, 2011. Legal Description of Point of Diversion. Raven Pump and Pipeline is located in the SW1/4 of

the NW1/4 of Section 21, Township 1 South, Range 98 West of the 6th P.M. at a point 830 feet from the West Section line and 2135 feet from the North Section line. Legal Description of Alternate Points of Diversion. Eagle Pump and Pipeline: The Eagle Pump and Pipeline is located in the NW1/4 of the NE1/4 of Section 29, Township 1 South, Range 98 West of the 6th P.M. at a point 1640 feet from the East Section line and 1345 feet from the North Section line. 84 Ranch Pump and Pipeline: 84 Ranch Pump and Pipeline is located in the NE1/4 of the SW1/4 of Section 29, Township 1 South, Range 98 West of the 6th P.M. at a point 2147 feet from the West Section line and 2092 feet from the South Section line. Source. Yellow Creek, tributary to the White River. Amount. 1.0 c.f.s., conditional. Appropriation Date. November 14, 1996. Uses. Industrial, domestic, storage, and augmentation including, but not limited to, in the augmentation plan set forth in paragraphs 56.c-d of the decree entered in Case No. 88CW420, Water Division No. 5 on August 13, 1991 and for augmentation of current and future depletions to Yellow Creek associated with water use for sodium mining operations. CONDITIONAL STORAGE WATER RIGHT Name of Structure. Grouse Reservoir. Original Decree. Case No. 1998CW315, Water Division No. 5, entered on November 26, 2011. Legal Description. The left dam abutment for Grouse Reservoir is located in the SW 1/4 of the NW 1/4 of Section 21, Township 1 South, Range 98 West of the 6th P.M., at a point 510 feet from the West Section line and 2010 feet from the North Section line. Legal Description of Alternate Points of Storage. Bobcat Pond: The East corner of Bobcat Pond is located in the SW 1/4 of the SW 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M.at a point 500 feet from the West Section line and 360 feet from the South Section line. Lynx Pond: The East corner of Lynx Pond is located in the SW 1/4 of the SW 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M, at a point 810 feet from the West Section line and 775 feet from the South Section line. Lion Pond: The East corner of Lion Pond is located in the SW 1/4 of the SW 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M.at a point 1090 feet from the West Section line and1190 feet from the South Section line. Bobwhite Reservoir: The left dam abutment for Bobwhite reservoir is located in the NW 1/4 of the SE 1/4 of Section 20, Township 1 South, Range 98 West of the 6th P.M. at a point 1530 feet from the East Section line and 2300 feet from the South Section line. Magpie Reservoir: The left dam abutment for Magpie Reservoir is located in the SW 1/4 of the N/W 1/4 of Section 29, Township 1 South, Range 98 West of the 6th P.M. at a point 780 feet from the West Section line and 2470 feet from the North Section line. Lark Bunting Reservoir: The left dam abutment for Lark Bunting Reservoir is located in the NE 1/4 of the N/E 1/4 of Section 19, Township 1 South, Range 98 West of the 6th P.M. at a point 760 feet from the East Section line and 600 feet from the North Section line. Robin Reservoir: The left dam abutment for Robin Reservoir is located in the SE 1/4 of the N/W 1/4 of Section 30, Township 1 South, Range 98 West of the 6th P.M. at a point 1900 feet from the West Section line and 2390 feet from the North Section line. Source. 1.0 c.f.s. from Yellow Creek, tributary to the White River. Grouse Reservoir and/or the alternate points of storage will be filled via the Raven Pump and Pipeline and/or the 84 Ranch Pump and Pipeline and/or the Eagle Pump and Pipeline. Amount. 125 acre-feet, conditional. Appropriation Date. November 14, 1996. Uses. Industrial, domestic, storage, and augmentation including, but not limited to, in the

augmentation plan set forth in paragraphs 56.c-d of the decree entered in Case No. 88CW420, Water Division No. 5 on August 13, 1991 and for augmentation of current and future depletions to Yellow Creek associated with water use for sodium mining operations. Detailed outline of work performed to complete application of water to beneficial use. The conditional water rights that are the subject of this Application are part of a single, unified water system, which water system provides water for the development of and use in connection with the production of sodium bicarbonate and other operations in accordance with the Findings of Fact, Conclusions of Law, Judgment and Decree of the Water Court entered by the Water Court in and for Water Division No. 5 in Case No. 88CW420 on August 13, 1991. Since 2011, Mountain Water, Natural Soda and affiliated entities have made expenditures in excess of One Hundred Million Dollars in furtherance of the development of the various operations associated with and reliant on the water supplies that are described in this Application, and performed work including, but not limited to the following, in furtherance of the application of the conditional water rights described herein to beneficial uses: The sodium leases owned by Natural Soda were renewed by the United States Bureau of Land Management (“BLM”) on July 1, 2011, for a period of ten additional years. In 2015, the sodium lease area was modified by the addition of 160 acres. Mountain Water was assigned a portion of the lease area, and Mountain Water and Natural Soda are working with the BLM regarding lease areas and modifications. The sodium leases are overlapped by oil and gas production leases. In order to facilitate the production of sodium bicarbonate and oil and gas production, negotiations with an oil and gas production company were held and agreements reached regarding the location of facilities and mining operations. Natural Soda completed an agreement to purchase an outstanding royalty interest associated with one of the sodium leases. Wildlife activities in the vicinity of the sodium leases are continuously monitored and actions have been taken to minimize impacts on wildlife and interference with wildlife nesting and breeding areas. Production of sodium bicarbonate has continued to increase on an annual basis. In 2007, the production capacity of the sodium bicarbonate processing facility was 125,000 short tons per year. In 2013, the production capacity was increased to 250,000 short tons per year. In 2015, the BLM approved the expansion of the sodium bicarbonate processing facility to 500,000 short tons per year, and design and planning of the expansion to 500,000 short tons per year is ongoing. Natural Soda has for many years been a major sodium bicarbonate supplier to North American sodium bicarbonate users. In 2013, Natural Soda began exporting sodium bicarbonate to various countries. In order to facilitate the use of sodium bicarbonate in air pollution control, Natural Soda entered into various agreements with Solvay Chemicals, Inc. for the furtherance in the development and marketing the use of sodium bicarbonate in air pollution control equipment. The expansion of sodium bicarbonate production has required construction of substantially enlarged production facilities. In addition to construction of the enlarged production facilities, numerous capital improvements have been implemented, including, but not limited to, numerous injection and production wells were drilled, completed and brought on line; water well-drilling and completion; installation of barren lines and production lines; purchase and installation of a re-pulper system; purchase and installation of boilers; installation of submersible pumps; drilling of monitoring wells; purchase

and installation of air classifier; purchase and installation of a centrifuge; installation of truck tarping facilities; modifications were made to the final tank baffle system; installation of TFF feeder; installation of second cooling tower; purchase and installation of metal detector equipment; purchase and installation of packaging control unit; purchase of spare submersible pumps; drilling and completion of monitoring wells; plug-back of existing wells and horizontal drilling operations; removed bulk carbon dioxide gas storage vessel; design and installation of on-site packaged products warehouse, upgrade to the current version of the Rosemont Distributive Control System for process control and upgraded controls and economizer installation on the two process boilers; a new roof was installed on the sodium bicarbonate storage dome; additional access roads to the well pads were constructed; installed a new flash dryer; and a second production line was installed. Natural Soda has implemented a sodium bicarbonate resource definition exploration program. This program is critical to planning and future development. Various wells have been and will be drilled and core drilled to further define the thickness and areal extent of the Boies Bed nahcolite and other saline mineral intervals in the Parachute Creek Member of the Green River Formation. Several drilling phases are anticipated and will include multiple wells located in proximity to the Natural Soda plant and current mining operations. The core holes will help define the extent of the resource and the nahcolite/halite transition boundary in the Boies Bed. Additional drilling will include the western and southern portions of the sodium leases. Disturbed acreage is maintained at a minimum and disturbed areas are reclaimed and reseeded upon completion of surface work. Removed topsoil is stored and replaced during the reclamation process. Additional leased rail transport cars have been obtained to facilitate transportation of sodium bicarbonate throughout the United States. Investigations have been undertaken regarding a port load-out facility which will allow filling of container ships. A warehouse facility has been leased to provide temporary storage of sodium bicarbonate and to facilitate transfer to a rail loadout facility. Natural Soda has undertaken several studies and analyses of alternative transportation methodologies for sodium bicarbonate. Extensive research into new production methodologies has been undertaken and permitted for new production methods with the Environmental Protection Agency for Deep Vertical Production Wells. Air quality in the vicinity of the production plant is monitored. As part of the plant expansion, an air quality model was prepared and permit applications were filed with the Colorado Department of Public Health and Environment. The packaging equipment used for bagging the sodium bicarbonate for transport was improved and more sodium bicarbonate was shipped in bags. An updated Mine Plan, Sampling and Analyses Plan, and Environmental Monitoring Plan were prepared and submitted to the BLM, DRMS, and Environmental Protection Agency and the plans were approved by each agency. As operations have increased on the sodium leases, additional reclamation bonds have been posted with the BLM, EPA, and the Colorado Division of Reclamation, Mining and Safety (“DRMS”). The increased production has increased the number of employees. As of the end of 2016, Natural Soda had 75 full time employees. Natural Soda has received several awards and certifications for production processes and quality of sodium bicarbonate produced. The construction of surface subsidence monuments has taken place to monitor for any possible surface subsidence.

Natural Soda has constructed dedicated sub-surface subsidence monitoring wells to monitor any subsurface subsidence that may occur in association with their solution mining activities. Natural Soda has used a number of professional contractors and consultants to support not only their day-to-day operations but their long-term mining, groundwater monitoring network, resource characterization and hydrologic characterization. The water used in sodium bicarbonate production is recycled multiple times and the facility is a zero-discharge operation. Various methods of ensuring maximum beneficial use of the water supplies have been implemented to ensure that the lowest volume of water is used per ton of sodium bicarbonate produced. With the increase in volume of sodium bicarbonate production there has been an increase in the amount of water used. Prior to 2005, the maximum annual water use was 138 acre feet, which has increased to in excess of 385 acre feet. At this time, all of the water requirements are supplied by wells constructed pursuant to the 88CW420 Decree. Since 2005, two additional water production wells have been permitted, constructed and are available for operation. An additional application for a well permit is pending at the office of the Colorado State Engineer. The multiple water wells are required to ensure redundancy in water supply operations. New pipelines from the water wells to the plant were installed. Mountain Water has worked with a special district regarding issues pertaining to water supplies and water supply operations. New exploratory core holes were drilled, plugged, and abandoned. Several exploratory core holes were drilled and converted into groundwater monitoring wells and subsurface subsidence monitoring wells. Operations were completed with Simple Oil, LLC for construction of an exploratory well, which was converted into a groundwater monitoring well and to act as an additional dissolution surface aquifer monitoring well. Several additional wells were cored and converted to aquifer monitoring wells to evaluate the aquifer systems within the operating lease area. In accordance with the Case No. 88CW420 Decree, the depletions to stream systems are calculated and replaced as required by the Case No. 88CW420 Decree. As part of the integrated water supply system, various sources of water are available to meet the replacement requirements. Monthly, quarterly, and annual reports are prepared by Natural Soda for submittal to state and federal agencies including the BLM, EPA and DRMS. All water well pumping is metered and monthly reports are filed with the Division Engineer for Water Division No. 6. In addition, summary reports and projections are filed with the Division Engineer and State Engineer two times per year. An evaluation and report analyzing the structures and capacities of the Larson Ditch and Larson Reservoir was prepared. The report further analyzed options for expansion of Larson Reservoir and projections of costs. Actions are being taken to implement recommendations from the report. Investigations were completed regarding the installation of streamflow measurement devices for Piceance Creek. Natural Soda has filed statements of opposition to applications in the appropriate Water Courts to ensure that the water rights owned by Natural Soda, and now owned by Mountain Water, are not adversely affected. Natural Soda and Mountain Water filed applications for findings of reasonable diligence in the development of conditional water rights owned by Natural Soda, and now owned by Mountain Water, including in Case Nos. 2016CW3006, 3010, 3011, and 3012 and in Case Nos. 2017CW3006, 3007, 3008, 3009, 3010, 3011, 3012, and 3013. Mountain Water and Natural Soda have participated in

proceedings pertaining to in-stream flow water rights on Piceance Creek and Yellow Creek. In 2016, Mountain Water and the Colorado Water Conservation Board entered into an agreement pertaining to instream flow water rights. Mountain Water and Natural Soda have been involved in legislative issues on a federal and state level pertaining to water supplies, sodium bicarbonate production and other related issues. The foregoing description is not intended to be all-inclusive, but is merely illustrative of continued diligence in development of the water rights described in this Application. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. United States of America, Bureau of Land Management, White River Field Office, 220 East Market Street, Meeker, CO 81641; TC Landco, LLC, 106 E. Liberty Dr., Wheaton, IL 60187. WHEREFORE, Mountain Water requests that the Court find and determine that the actions and expenditures constitute a sufficient demonstration of reasonable diligence in attempting to put the conditional water rights described herein to beneficial use, and Mountain Water further requests that the Court enter a decree finding and determining that Mountain Water has exercised reasonable diligence in the development of the described water rights and that said water rights shall be continued.

2017CW3038 (09CW69), Garfield County, Colorado. Application for Findings of Reasonable Diligence and To Make Absolute. Applicants: Samuel B. Potter and Teresa A. Potter, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602, (970) 928-9100. Names of Structures: Whiskey Spring Alternate Point, Whiskey Park Pipeline, and Whiskey Park Reservoir. Original Decree: 09CW69, 11/11/2011. Locations: Whiskey Spring Alternate Point: Garfield County, SENW of Section 1, Township 3 S, Range 94 W of the 6 th P.M. Distances from section lines: 1690 ft from N and 1835 ft from W. Whiskey Park Pipeline : Garfield County, SENW of Section 1, Township 3 S, Range 94 W of the 6 th P.M. Distances from section lines: 1725 ft from N and 965 ft from W. Whiskey Park Reservoir : Garfield County, SENE of Section 2, Township 3 S, Range 94 W of the 6 th P.M. Distances from section lines: 2035 ft from N and 120 ft from E. Sources (all structures): Unnamed tributary to Flag Creek, tributary to the White River. Appropriation Date (for all structures): 08/11/2007. Amounts (for all structures): 0.5 cfs; 0.25 cfs absolute and 0.25 cfs conditional. Uses: Whiskey Spring Alternate Point: (a) Irrigation. A map of the irrigated acres is attached. Irrigation of this acreage will be in conjunction with water rights from Whiskey Park Reservoir and Whiskey Park Pipeline set forth above, as well as Whiskey Spring and Whiskey Spring Reservoir, Case No. 07CW120; (b) Livestock watering for up to 200 head of livestock, incidental wildlife uses, piscatorial, recreation, aesthetics and fire protection, and filling and refilling reservoir. Whiskey Park Pipeline: (a) Irrigation. A map of the irrigated acres is attached. Irrigation of this acreage will be in conjunction with water rights from Whiskey Park Reservoir and Whiskey Spring Pipeline set forth above, as well as Whiskey Spring and Whiskey

Spring Reservoir, Case No. 07CW120. The use for irrigation has not been perfected and therefore irrigation use is awarded conditionally; (b) Livestock watering for up to 200 head of livestock, incidental wildlife uses, piscatorial, recreation, aesthetics and fire protection, and filling and refilling reservoir. Whiskey Park Reservoir: (a) Irrigation. Irrigation of this acreage will be in conjunction with water rights from Whiskey Spring Alternate Point and Whiskey Park Pipeline set forth above, as well as Whiskey Spring and Whiskey Spring Reservoir, Case No. 07CW120. The use for irrigation has not been perfected and therefore irrigation use is awarded conditionally; (b) Livestock watering for up to 200 head of livestock, incidental wildlife uses, piscatorial, recreation, aesthetics and fire protection; (c) Surface are of high water line: 0.75 acre; (d) Vertical height of dam: 9.5 ft; (e) Length of dam: 225.0 ft; (f) Total capacity of reservoir: 2.5 af, (i) Active capacity: 2.5 acre ft; (ii) Dead storage: 0 acre ft. A detailed outline of what has been done toward placing water to beneficial use, including expenditures is included in the Application. Landowner Notification: All structures are located on lands owned by Applicants. Claim to Make Absolute: Applicants claim an additional 0.25 cfs of the Whiskey Spring Alternate Point and 0.25 cfs of the Whiskey Park Pipeline should be made absolute by reason of diversion of the water for pond filling and irrigation purposes. Each structure has been used alternately to fill the Whiskey Park Reservoir and for irrigation via the diversion of 0.5 cfs from each structure. Applicants pray for a decree of this Court, finding the Applicants’ have exercised reasonable diligence toward the development of the aforementioned water rights, that a portion of the conditional water rights have been made absolute, and any such other and further relief as the Court may deem appropriate. (6 pages, incl. 1 map)

17CW3039 Moffat County. Bull Canyon, aka Matt Spring Creek, trib. to Vermillion Creek, trib. to the Green River. Applicant: Diamond Peak Cattle Company, LLC and Rancho Greco Limited, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945-6546. Application for Finding of Reasonable Diligence and to Make Absolute. Summary of Application: This Application requests a finding that Co-Applicants have been reasonably diligence in the development of Cond. water rights decreed in Case No. 10CW80, Dist. Court, Water Div. No. 6 entered 11/11/2011, and that the water rights have been made absolute. The decreed Cond. water rights include storage water rights in the Bassett Res. No. 2 Use Enl. and Refill Right, Fonce Meadow Res. Enl., and the Upper Fonce Meadow Res. A map depicting the locations of the water rights is attached as Exhibit A. Applicant requests a finding of reasonable diligence and to make the Bassett Res. No. 2 Use Enl. and Refill Right absolute. Legal desc.: The dam is located in the NW ¼, SE ¼, Sec. 2 T9N R102W, 6th P.M. at a pt. 1350 ft. N. of the S. Sec. line and 1950 ft. W. of the E. Sec. line of said Sec. 2. See Exhibit A. Decree Info.: Case No. 10CW80, Dist. Court, Water Div. 6, entered 11/11/2011. Source: Bull Canyon, aka Matt Spring Creek, trib. to Vermillion Creek, trib. to the Green River. Date of Approp.: 12/31/2010. Uses: Livestock, fire prot., pisc., evap., ind. and comm. use in the development of mineral resources in Moffat County, Colo., and for export to Sweetwater County, Wyo., for development of mineral

resources, including but not limited to oil and gas production, extraction, and related activities. Amt.: 98.32 AF cond., with right to fill and refill in priority. Surface Area: 28 acres: Dam Ht.: 20 ft.; Dam Length: 500 ft.; Total Capacity: 98.32 AF; Active Storage: 98.32 AF; Dead Storage 0.0 ft. Claim to Make Absolute: Date of Beneficial use: 5/1/2013. Amt.: 98.32 AF. Remarks: The Basset Res. No. 2 has a decreed capacity of 98.32 AF, see Cases No. W-375 (54.32 AF) and 94CW19 (44 AF). Cond. storage rights are made absolute for all decreed purposes to the extent of the volume that has been stored in the decreed storage structure. C.R.S. § 37-92-301(4)(e). Owner of land upon which Res. is constructed. Bassett Res. No. 2 Use Enl. and Refill Right water right owned by Co-Applicant Rancho Greco Limited, 351 School Street, #1, Craig, CO 81625. Applicant requests a finding of reasonable diligence and to make the Fonce Meadow Res. Enl. absolute. Legal desc.: The centerline of the dam intersects the centerline of Fonce Wash at a pt. which is located in the SW ¼, SE ¼, Sec. 26, T12N, R102W, 6th P.M., 2500 ft. W. of the E. Sec. line and 1200 ft. N. of the S. Sec. line. See Exhibit B. Decree Info.: Case No. 10CW80, Dist. Court, Water Div. 6, entered 11/11/2011. Source: Springs, seeps and surface runoff from Fonce Wash, trib. to G Wash, trib. to Canyon Creek, trib. to Vermillion Creek, trib. to the Green River. Date of Approp.: 8/1/2010. Uses: Livestock, fire prot., pisc., evap., ind. and comm. use in the development of mineral resources in Moffat County, Colo., and for export to Wyo. for development of mineral resources, including but not limited to oil and gas production, extraction, and related activities. Amt.: 13.5 AF, Cond., with right to fill and refill in priority. Surface Area: 1.8 acres. Dam Ht.: 5 ft. (pond was excavated in 2010 by five ft. for a total depth of 10 ft.). Dam Length: 250 ft. Total Capacity: 15 AF (1.5 AF under first priority and 13.5 AF for Enl. right). Active Storage: 15 AF; Dead Storage 0.0 ft.; Claim to Make Absolute: Date of Beneficial use: 5/15/2013; Amt.: 13.5 AF. Remarks: Cond. storage rights are made absolute for all decreed purposes to the extent of the volume that has been stored in the decreed storage structure. C.R.S. § 37-92-301(4)(e). Owner of land and water rights for Fonce Meadow Res. Enl.: Co-Applicant, Diamond Peak Cattle Company, LLC, 351 School Street #1, Craig, CO 81625. Applicant requests a finding of reasonable diligence and to make the Upper Fonce Meadow Res. absolute. Legal desc.: The centerline of the dam intersects the centerline of Fonce Wash at a pt. which is located in the SW ¼, NW ¼, Sec. 35, T12N, R102W, 6th P.M., 800 ft. E. of the W. Sec. line and 2100 ft. S. of the N. Sec. line. Decree Info.: Case No. 10CW80, Dist. Court, Water Div. 6, entered 11/11/2011. Source: Springs, seeps and surface runoff from Fonce Wash, trib. to G Wash, trib. to Canyon Creek, trib. to Vermillion Creek, trib. to the Green River. Date of Approp.: 8/1/2010. How Approp. was initiated: Constructed improvements to water collection and storage system. Date of beneficial use: N/a Cond. water right. Uses: Livestock, fire prot., pisc., evap., ind. and comm. use in the development of mineral resources in Moffat County, Colo., and for export to Wyo. for development of mineral resources, including but not limited to oil and gas production, extraction, and related activities. Amt.: 2.3 AF, Cond., which may be stored in constructed water storage tanks or in existing Res., with right to fill and refill in priority. Surface Area: 0.3 acres; Dam Ht.: 5 ft. (five ft. is below grade for a total depth of 10 ft.); Dam Length: 150 ft.; Total Capacity: 2.3 AF; Active Storage: 2.3 AF; Dead Storage 0.0 ft.; Claim to Make Absolute: Date of Beneficial use: 5/15/2013. Amt.: 2.3 AF. Remarks: Cond. storage rights are

made absolute for all decreed purposes to the extent of the volume that has been stored in the decreed storage structure. C.R.S. § 37-92-301(4)(e). Owner of land and water rights for Upper Fonce Meadow Res.: Co-Applicant, Diamond Peak Cattle Company, LLC, 351 School Street #1, Craig, CO 81625. A complete list of diligence activities and expenditures is on file with this court. 9 pgs.

You are hereby notified that you will have until the last day of January, 2018 to file with the Water Court 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 be served on the Applicant or the Applicant’s Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, Division 6, 1955 Shield Dr. Unit 200, Steamboat Springs, CO 80487.

MARY ANN NINGERCLERK OF COURTROUTT COUNTY COMBINED COURTWATER DIVISION 6

/s/ Julie A. Edwards Deputy Court Clerk