DISTRICT COURT, WATER DIVISION 6, COLORADO TO 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 JANUARY, 2010. 1. 09CW44 RIO BLANCO COUNTY (02CW47) Application for Finding of Reasonable Diligence. Applicant: Town of Meeker, Colorado, c/o Loyal E. Leavenworth, Esq. and Cassia R. Furman, Esq., c/o Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Name of structures: Meeker Well Nos. B-5, B-6, B-7 and B-8. Date of original decree: 11/2/ 1981, in Case No. 80CW544, District Court, Water Div. 5. Pursuant to C.R.S. §37-92201(1), Colorado Rule of Civil Procedure and Rule 2 of the Uniform Local Rules for All Water Court Divisions, on and after August 5, 2009, all White River Drainage Basin applications must be filed with the Division 6 Water Court. Thus, the Application in this matter is filed with the Division 6 Water Court. Subsequent decrees awarding findings of diligence: Case No. 85CW237, decreed on 1/29/1986; Case No. 89CW196, decreed on 1/16/1990; Case No. 95CW194, decreed on 2/27/1996; and Case No. 02W47, decreed on 9/3/2003. (All Water Division No. 5.) Locations: The Meeker Well Nos. B-5, B-6, B-7 and B-8 are all located in Section 33, Township 1 North, Range 93 West of the 6th P.M. The Meeker Well B-5, as decreed in Case No. 80CW544, is located in the SW 1/4 SE 1/4, at a point 1,420 feet West and 600 feet North of the SE Corner of said Section 33. In Case No. 83CW202, dated October 10, 1984, the point of diversion of the Meeker Well B-5 was changed to a point located in the SW 1/4 SE 1/4 at a point 3,463.7 feet East of the West line and 262.4 feet North of the South line of said Section 33. The Meeker Well B-6 is located in the SW 1/4 SE 1/4 at a point 1,900 feet West and 550 feet North of the Southeast Corner of said Section 33. The Meeker Well B-7 is located in the SW 1/4 SE 1/4 at a point 2,200 feet West and 720 feet North of the Southeast Corner of said Section 33. The Meeker Well B-8 is located in the SW 1/4 SE 1/4 at a point 2,550 feet West and 1,000 feet North of the Southeast Corner of said Section 33. Source: Alluvium of the White River. Appropriation date: 11/3//1980, for each well. Amounts: Meeker Well B-5: 0.11 c.f.s., conditional (1.22 c.f.s. of the original 1.33 c.f.s. decreed to this well was made absolute for all decreed purposes in Case No. 85CW237). Meeker Well B-6: 1.33 c.f.s., conditional. Meeker Well B-7: 1.33 c.f.s., conditional. Meeker Well B-8: 1.33 c.f.s., conditional. Uses: Municipal, commercial, industrial, domestic, irrigation, sewage treatment (including land application), recreation and fish and wildlife propagation purposes. Depth: Meeker Well B-5: 56 feet. Meeker Well B-6: 60 feet. Meeker Well B-7: N/A. Meeker Well B-8: N/A. The Application provides a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed (See Exhibit A on file with the Water Court). Name and address of owner of land upon which the Meeker Well Nos. B-5, B-6, B-7 and B-8 are located: Rick and Kay Edinger, 6855 County Road 4, Meeker, Colorado, 81641. Map: A map showing the locations of the Meeker Well Nos. B-5, B-6, B-7 and B-8 is on file with the Water Court as Exhibit B. Well Permits: Meeker Well No. B-5: Well Permit No. 25337-F. Meeker Well No. B-6: Well Permit No. 65357-F. Meeker Well No. B-7: Well Permit No. 25336-F. Meeker Well No. B-8: Well Permit No. 25338-F. Copies of the Well Permit, Well Construction and Test Report, Supplemental Test Report and Pump Installation Report for Meeker Well B-6 are on file with the Water Court as Exhibit C. THIS APPLICATION PREVIOUSLY PUBLISHED IN ROUTT COUNTY IN ERROR; SHOULD HAVE BEEN PUBLISHED IN RIO BLANCO COUNTY. 2. 09CW52 (83CW337, 95CW168 & 02CW50 all filed in Division 5 Water Court in Glenwood Springs, CO) RIO BLANCO COUNTY APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address, email address and home telephone number of applicant: Karl Maser, 393 RBC 75, Meeker CO 81641, karlmaser@yahoo.com (970)878-4669. 2. Name of structure: Fraser Ditch Pollard Enlargement 3. Date of original decree: 10-26-1984, Case No. 83CW337 in Division 5. Subsequent decrees: 95CW168 2-5-1996 and 02CW50 9-192003 in Division 5. Legal description: NE1/4 SE1/4, Sec. 30, T1N, R90W, 6th P.M. 38 degrees 40’ 21” from north and 1349.23’ from east section line. Source of water: No Name Creek, tributary to North Fork White River. Appropriation date: 6-1-1983. Amount: 3 cfs. Use: Irrigation, livestock, watering, filling Pollard Reservoir. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use: Since 2003 we have maintained the ditch every year removing trees, fixing blow outs, resetting the head gate and re-ditching sections of the ditch. Each year when the snow has melted off the ditch we run the ditch until flows in the creek decline to the point where seepage reduces the flow to negligible. We have been adding bentonite and pam slurry annually to help decrease the seepage with some success. The ditch is better than a mile long and runs across mountainous terrain. There are three sections of 200-300 yards that have been the most troublesome, primarily due to voles. The bentonite and polyacrylamide (pam) slurry are effective for a time until the voles burrow new holes in the ditch wall. We have had to repair blow outs in a couple of cases where the voles started the ditch seeping. We are planning to install drain tile in these locations next spring to pipe the water through these difficult stretches. Some efforts we have made in maintaining this ditch: installed plastic ditch line on a ¼ mile section; re-channeled stream upstream of head gate to increase flow into ditch; ran “V” ditcher on upper ½ of ditch widening and increasing flow; installed pam and bentonite slurry in upper ½ of ditch; cleared downed timber annually; repaired several blowouts, cleared ditch of boulders that had rolled off the hillside obscuring flow. The water is used to irrigate pasture, water livestock and to fill Pollard reservoir. Name and address of owner of land: Applicant. 3. CASE NO. 09CW57 ROUTT COUNTY APPLICATION FOR CHANGE OF WATER RIGHT. 1. Name, address and telephone number of applicant: Sheila Jo Reagor Huffman, P.O. Box 139, Yampa CO 80483 (970)638-4471. 2. Name of structure: South Side Ditch. 1st Priority #28 4-18-1887 1 cfs. 2nd Priority #289 1-1-1904 1 cfs. Legal description of structure: NE1/4 SW1/4 Sec. 14, T2N, R85W of 6th P.M. At a point whence the S1/4 corner of Section 14 bears south 6 degrees east a distance of 24.11 chains. Decreed source of water: Spring Creek, tributary to Chimney Creek, Tributary to Yampa River. Appropriation Date: Priority #28, 4-18-1887 and 9-22-1892 1cfs on each. Decreed use: irrigation. Amount of water that applicant intends to change: 0.50 cfs Priority date 6-1-1904; 0.50 cfs Priority date 9-14-1946 #289. 3. Detailed description of proposed change: Application seeks to correct and change the decreed South Side Ditch point of diversion to the actual and historical point of diversion as described next. If a change in point of diversion, provide legal descriptions of decreed location and actual or new location of structure: SJRH Ditch #2, SE1/4 SW1/4 Sec. 14, T2N, R85W of 6th P.M. 888 feet from south and 2179 feet from west section line. Street address: 28685 RCR 6D Yampa CO 80483. Alternative description: Were points averaged? Yes Northing 4444781, Easting 338464 Zone 13. Name and owner of land upon which any new or modified diversion or storage structure is or where water will be stored: Doug DeCosta P.O. Box 303 Yampa CO 80483. 4. CASE NO. 09CW59 RIO BLANCO COUNTY APPLICATION FOR CHANGE OF WATER RIGHT. 1. Name, mailing & email address & home phone no. of applicant: Flint L. Chambers, 2538 E. Main Street, Rangely CO 81648, flintchambers@msn.com (970)390-0247. 2. Decreed water right for which change is sought: Name of Structure: Calvat Ditch. Date of original and all relevant subsequent decrees: 11-26-1958 CA0999 District Court. Legal description of structure: SE1/4 Sec. 32, T2N, R101W of 6th P.M. 1860.6 feet from west section line. Hazelwood Acres Minor Subdivision Lot 1. Street address: 2802 Highway 64, Rangely CO 81648. Alternative Description: Were points averaged? No. Northing 4441385 Easting 0692448 Zone 12. Decreed source of water: White River. Appropriation Date: 4-26-1955. Total amount decreed to structure: 10.4 cfs. Decreed use: Agriculture - irrigation of crops and pasture. Amount of water that applicant intends to change: 4 cfs. 3. Detailed description of proposed change: Bernard and Evelyn Hazlewood subdivided their property into 3 separate parcels. Each of the parcels received water rights from the Calvat Ditch. On 12-22-04 I purchased lot 2, which included 4 cfs of water rights from the Calvat Ditch, which is pumped out of the White River in lot 3. Originally all the water rights for all three of the lots were pumped from this location. The owner of lot 1 has petitioned and received permission to change his diversion point so he does not have to cross lots 2-3 with his water rights. I am requesting to change my diversion point from on lot 3 to my property. The water rights will be pumped from the White River in the same manner, the diversion point will be the only change. If a change in point of diversion, provide legal descriptions of decreed location and actual or new location of structure: NE1/4 Sect. 32, T2N, R101W, of 6th P.M. 6250 feet from north and 7500 feet from east section line. Street Address: 2802 Highway 64, Rangely CO 81648. Hazelwood Acres Minor Subdivision Lot 2. Alternative Description: Were points averaged? No. Northing 4441488 Easting 0691670 Zone 12. 4. Name and address of owner of land upon which any new diversion or storage structure is located: Applicant. 5. CASE NO. 10CW1 ROUTT COUNTY APPLICATION FOR WATER RIGHTS (SURFACE). 1. Name, address, telephone number of applicants: David & Kathy Smith, P.O. Box 461, Hayden, CO 81639 (970)276-3805. 2. Name of structures: Smith Ditch #4 and Smith Spring #9. 3. Legal description of each point of diversion: Smith Ditch #4, NE1/4 SE1/4, Sec. 20, T5N, R88W, 6th P.M., 2250 feet from south and 900 feet from east section line. Smith Spring #9, SW1/4 NW1/4, Sec. 16, T5N, R88W, 6th P.M. 2000 feet from north and 1200 feet from west section line. 4. Source: Smith Ditch #4, Watering Trough Gulch of Dry Creek of the Yampa River; Smith Spring #9, Hubberson Gulch of Dry Creek of the Yampa River. 5. Date of initiation of appropriation: Smith Ditch #4, 5-15-09; Smith Spring #9, 7-15-03. How appropriation was initiated: Smith Ditch #4, ditch was constructed and used for irrigation; Smith Spring #9, a small pond was constructed and water used for livestock watering. Date water applied to beneficial use: Smith Ditch #4, 5-15-09; Smith Spring #9, 7-15-03. 6. Amount claimed: Smith Ditch #4, .25 csf absolute; Smith Spring #9, .033 cfs absolute. 7. Use: Smith Ditch #4, irrigation; Smith Spring #9, livestock watering. Smith Ditch #4 historically used to irrigate 5 acres and proposed to irrigate 5 acres in NE SE Sec. 20, T5N, R88W, 6th PM. Map located in file. 8. Names and address of owners of land upon which point of diversion and place of uses are located: Applicants 9. Remarks: Smith Spring #9 surfaces in a small pond where livestock have access for watering. The pond is less than 1/10 surface acre with a dam 1’ high by 10’ long. 6. CASE NO. 10CW5 (02CW95) ROUTT COUNTY Application to Make Conditional Water Rights Absolute. Applicant: Lorraine Page Robinson, P.O. Box 770502, Steamboat Springs, CO 80477, 970-879-4932; c/o Claire E. Sollars, Esq., Klauzer & Tremaine, LLC, P.O. Box 774525, Steamboat Springs, CO 80477-4525, 970-879-5003. Name of structures: Page Spring No. 2; Page Spring No. 4. Date of original decree: January 30, 2004, Case No. 02CW95, District Court in and for Water Division No. 6. Locations: Page Spring No. 2: NW¼ of the NE¼, Section 32, T6N, R84W, of the 6th P.M., at a point 460 feet from the North line and 2450 feet from the East line of said Section, Routt County, Colorado. Page Spring No. 4: NW¼ of the NE¼, Section 32, T6N, R84W, of the 6th P.M., at a point 1270 feet from the North line and 1570 feet from the East line of said Section, Routt County, Colorado. Source: Springs, tributary to Yampa River. Appropriation Date and Methodology: October 18, 1999 (both springs) by field and land survey, locations of spring sites. Amount Decreed: Page Spring No. 2: 0.02 cfs, Conditional; Page Spring No. 4: 0.02 cfs, Conditional. Decreed Conditional Uses: Both Springs – Irrigation of approximately four (4) acres located in the NW ¼ of the NE ¼, Section 32, T6N, R84W of the 6th P.M., domestic, stock water, wildlife water. Applicant completed development of both structures and has placed the water to beneficial use for the decreed purposes. Applicant incurred expenses in the approximate amount of $3,500.00 to develop Page Spring No. 2 and $100.00 to construct a fence around the structure and approximately $2,500.00 to develop Page Spring No. 4 and $100.00 to construct a fence around that structure. Applicant fully developed both springs and applied 0.02 cfs of Page Spring No. 2 and 0.02 cfs of Page Spring No. 4 to beneficial use. Applicant used both Page Spring No. 2 and Page Spring No. 4 for the permitted uses of irrigation in the NW ¼ of the NE ¼, Section 32 as described in the decree, domestic, stock water, and wildlife water. Charles J. Marias previously owned the property upon which the springs are located and had executed easements to provide Applicant access to the property for development and use of both structures. The current owner is Suzan Bymel, 2029 Century Park East #500, Los Angeles, CA 90067-2906. Applicant owns the land upon which the water rights will be used. 7. CASE NO. 10CW6, MOFFAT COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE. I. Name, address, telephone number of Applicant: Colorado River Water Conservation District, c/o Secretary/General Manager, 201 Centennial Street, Suite 200, P.O. Box 1120, Glenwood Springs, Colorado 81602, (970) 945-8522. Please direct all pleadings and correspondence in this case to: Peter C. Fleming and Jason V. Turner. II. Introduction. This Application is filed pursuant to C.R.S. § 37-92-301(4) and § 37-92-601. The Colorado River Water Conservation District (hereinafter “River District”) is a political subdivision of the State formed by the Colorado Legislature (See C.R.S. § 37-46-101, et seq.) in 1937 for the purpose of safeguarding for the State of Colorado the beneficial consumptive use in Colorado of that portion of the waters of the Colorado River equitably apportioned to the state by interstate compact. Geographically, the River District encompasses an area of approximately 29,000 square miles, including all of twelve and parts of three western Colorado counties. Included in that area are the headwaters and tributaries of the Colorado River mainstem and its principal tributaries, the Gunnison, the White and the Yampa Rivers. The general powers of the River District, set forth in C.R.S. § 37-46-107, inter alia, direct the River District to make surveys and investigations to ascertain the best method of utilizing stream flows within the River District and to make appropriations “ . . . for the use and benefit of the ultimate appropriators . . . .” This statute further directs the River District “. . . to perform all acts and things necessary or advisable to secure and insure an adequate supply of water, present and future, for irrigation, mining, manufacturing, and domestic purposes within said districts (sic).” The decree that is the subject of this Application was obtained in furtherance of these statutory directives. The Board of Directors of the River District has maintained its intent to develop the conditional water rights. The most recent decree confirming reasonable diligence in the development of the conditional water right that is the subject of this Application was entered in Case No. 03CW24, on January 26, 2004. III. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: A. Name of structure: Rampart Reservoir, 2nd Filling. B. Date of original decree, case number and court: April 22, 1982, 81CW61, Water Division 6. C. Legal Description: The dam is located in the NW 1/4 of the NE 1/4 of Section 12, T. 9 N., R. 91 W., 6th P.M.., approximately 2179 ft west of the east section line and 813 ft south of the north section line. The decreed intersection of the dam axis and the right abutment is at a point whence the NE corner of Section 12, T. 9 N., R. 91 W., 6th P.M., bears N. 67º33' E. at a distance of 2,326 feet. D. Source: direct flow of Fortification Creek, and its tributaries above the dam site, tributary to the Yampa River. E. Appropriation Date: February 27, 1981. F. Amount: 11,692 acre feet. G. Use: Irrigation, stockwatering, domestic, municipal, industrial, and other beneficial uses and purposes. IV. 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. The explanation of work accomplished during the diligence period is not all inclusive but is merely representative of the work accomplished. Unless otherwise noted, the specific expenditures listed herein do not include attorneys fees or salaries of staff of the River District, but the Applicant does claim those substantial expenses toward diligence. A. General Activities. During the diligence period, the River District engaged in the following activities necessary for the development of its conditional water rights: 1. Endangered Species. Federal environmental legislation and related regulations on water development activities often make successful acquisition of needed federal permits the most predominant concern regarding a water development project. A significant concern and restriction regarding the development of projects in the Colorado River Basin, including the Yampa River Basin, is the existence and status of four native fish species which have been listed as “endangered” by the Fish & Wildlife Service pursuant to the federal Endangered Species Act. Because water depletions in the Colorado River basin are alleged to jeopardize the continued existence of those fish species, it is necessary for the River District to successfully address the alleged jeopardy of those species. Examples of the River District’s activities include: (a) The River District has funded and participated in extensive scientific investigations and lobbying efforts concerning the recovery of endangered fish species in the Colorado River basin. Those efforts are necessary and appropriate in order for the River District, and for the water users within its boundaries, to secure permitting approvals for the construction and operation of water projects. (b) The River District participated in the successful development and implementation of “programmatic biological opinions” concerning present and future water depletions in the Colorado River mainstem, the Yampa River basin, and Gunnison River basin. 2. Legislation and Administrative Regulations. The River District conducted extensive lobbying activities, at the federal and state levels, on a wide variety of statutory and regulatory issues related to water rights, water use, and environmental matters, as those matters relate to the construction of water projects and uses of water within Colorado, including: a. Participation in numerous rulemaking hearings and informal processes before the Water Quality Control Commission to ensure that the state’s water quality regulations protect the ability of water users to place water to beneficial use. 3. Litigation. The River District filed numerous Statements of Opposition in various Water Courts to protect its existing decreed water rights and the availability of water for use within the River District’s boundaries. Examples of such litigation in Division 6 include but are not limited to: (a) The River District is an opponent to the application of Shell Frontier Oil & Gas, Inc., in case No. 08CW90, Water Division 6 to protect its interest in the water right that is the subject of this application and other water rights owned by the River District. 4. Project Revenue Development. During the diligence period, the River District has been actively engaged in the operation of Wolford Mountain Reservoir (Ritschard Dam) on Muddy Creek and has successfully completed the $30 million dollar enlargement of Elk Head Reservoir to its current capacity of 25,550 acre feet. While the water rights involved in those projects are not the subject of this Application, the successful completion of those projects and the receipt of lease revenues and marketing of water by the River District can develop its conditional water rights. 5. Salinity Control. The River District continues to actively participate in the Salinity Control Forum with the United States of America and other interested parties regarding the salinity of the Colorado River, as well as the operation of the Colorado River mainstem reservoirs to ensure to the River District, as well as to the State of Colorado, an adequate supply of water from the Colorado River as guaranteed by the Colorado River Compacts. 6. USGS Gaging. The River District participates in the funding of United States Geological Survey gaging stations throughout the District in order to better assess the availability of water for development pursuant to its various projects. 7. Surface Water Modeling. The River District has participated, through staff participation and funding, in the ongoing creation of surface water models related to the protection and development of water that is the subject of River District projects and conditional decrees, including the right that is the subject of this Application. During the diligence period, the River District expended in excess of $33 million on the activities summarized above. B. Site-Specific Activities. In addition to the general activities identified above, the River District has performed specific work on and for the benefit of the subject project as indicated below. 1. During the diligence period, the River District staff examined this conditional water right and other conditional water rights for which diligence was due, and presented findings and recommendations to the River District’s Board of Directors regarding the feasibility and desirability of developing the water rights. The Board of Directors, considered the staff’s recommendations and confirmed its intent to develop the conditional water right that is the subject of this application and its intent to formally abandon a different conditional water right. 2. The River District participated extensively in the development of the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin (RIP) and the Final Programmatic Biological Opinion on the Management Plan for Endangered Fishes in the Yampa River Basin. The RIP and PBO allow for 30,000 to 50,000 acre feet of further water development and depletions while measures are taken to recover the endangered fish species. The completion of the PBO facilitates the permitting of Rampart Reservoir and the completion of the subject water right. 3. The River District, during the diligence period, has engaged outside consultant to assess water availability and water use demands for a number of its water rights in the Yampa River Basin. At least $25 thousand of the River District’s expenditures related to this effort were allocated to study the Rampart Reservoir -Second Fill. 4. Identified and mapped owners of lands on which structures may be located or water may be stored. V. Name(s) and address(es) of owner(s) of 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. The structures are or may be located and water is or may be stored on land owned by the following: U.S. Bureau of Land Management, Little Snake Field Office, 455 Emerson Street, Craig, CO 81625; Albert F. Villard, 679 Haughey Road, Craig, CO 81625; Claire & Bonnie Villard, P.O. Box 745, Craig, CO 81626; Fortification Rocks, LLC, 555 Breeze Street, Suite 200, Craig, CO 81625; John Peroulis & Sons, P.O. Box 1015, Craig, CO 81626; Roberta C. Carter, 1776 Old Samish Road, Bellingham, WA 98229; Smith Rancho Land & Livestock, P.O. Box 215, Craig, CO 81626; Vernon & Michelle Anderson, 52730 N. Hwy 13, Craig, CO 81625; Visintainer Sheep Company, P.O. Box 395, Craig, CO 81626. The water will be placed to beneficial use within the boundaries of the River District. The water right may be put to beneficial use on lands owned by many thousands of individuals and entities. Therefore, it is not feasible to list at this time the names and addresses of the owners of land upon which water may be placed to beneficial use. WHEREFORE, the River District requests that the Court decree that the River District has exercised reasonable diligence in the development of the conditional water right that is the subject of this Application, that the conditional water right be continued in full force and effect, and that a date be set for a subsequent application for a finding of reasonable diligence. (7 pages) 8. CASE NO. 10CW7 RIO BLANCO COUNTY (02CW244) The Oil Shale Corporation, c/o ConocoPhillips Company, Attn.: Randall Amen, 3950 E. 56th Avenue, Commerce City, Colorado 80222. Application for Finding of Reasonable Diligence for BUTE NO. 25 WELL located in the SE1/4NE1/4, Sec. 9, T. 4 S., R. 96 W., 6th P.M., at a point 2,278 ft. South of the North line and 1,070 ft. West of the East line of said Sec. 9, in RIO BLANCO COUNTY. Source of water well having a depth of 721.1 ft. tributary to the White River. Appropriation date - 5/8/72. On 5/12/78, in Case No. W-3499, the Court awarded an absolute decree for 0.111 c.f.s. and a conditional decree for 0.814 c.f.s. for irrigation, domestic, industrial, livestock water and commercial uses. Landowner: Applicant. The Court previously found the Applicant diligent in development of the subject water right in Case Nos. 82CW25, 86CW39, 90CW31, 96CW47 and most recently in Case No. 02CW244. Application contains detailed outline of work performed during the diligence period. 9. CASE NO. 10CW8 RIO BLANCO COUNTY (02CW245) ConocoPhillips Company, Attn.: Randall Amen, 3950 E. 56 Avenue, Commerce City, Colorado 80022. Application for Finding of Reasonable Diligence for OLDLAND BROTHERS NO. I-4 WELL located in the NW1/4NE1/4, Sec. 11, T. 3 S., R. 96 W., 6th P.M., at a point 741 ft. South of the North line and 1,922 ft. West of the East line of said Sec. 11, in RIO BLANCO COUNTY. Source of water - a well having a depth of approximately 1,000 feet, tributary to the White River. Appropriation date - 4/1/55. On 5/16/78, in Case No. W-3500, the Court awarded an absolute decree for 0.495 c.f.s. and a conditional decree for 0.352 c.f.s. for irrigation, domestic, industrial, livestock water and commercial uses. Land ownership: Applicant and Puckett Land Company, 5460 S. Quebec Street, Suite 250, Greenwood Village, Colorado 80111-1917. The previously found the Applicant diligent in the development of the subject water right in Case Nos. 82CW26, 86CW38, 90CW32, 96CW48 and most recently in Case No. 02CW45. Application contains detailed outline of work performed during the diligence period. You are hereby notified that you will have until the last day of MARCH, 2010 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, P.O. Box 773117, Steamboat Springs, CO 80477. ROUTT COUNTY COMBINED COURT WATER DIVISION 6 By: /s/ M. Rene Mattone Court Judicial Assistant