DISTRICT COURT, WATER DIV. 6, COLORADOTO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 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 DIV. 6, during the month of October, 2008.

1. 08CW30 MOFFAT COUNTY Application for Finding of Diligence for Conditional Use. Applicant: Reserve Coal Properties Co., C/O Tom Mikesell, PO Box 1020, Craig, CO 81626, Ph. 970-824-5812. Name of structures: RCP Lake #2, RCP Lake #3, RCP Lake #5, RCP Lake #6, RCP Pond #1, RCP Pond #2, RCP Pond #3, RCP Pond #4, RCP Pond #5, RCP Pond #6, RCP Pond #7, and RCP Reservoir #2. Type of structure: RCP Lake #6 & RCP Pond #7 are natural lakes, the remaining structures are Reservoirs. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: Date of Original Decree: August 5, 2002 Case No. 01CW35 (91CW112) Court: Water Court #6. Legal Description: RCP Lake #2 - SE ¼ of NE ¼ of Section 20, T4N, R90W, of the 6th P.M. at a point 200’ from the East Section line and 1900” from the North line of said section. RCP Lake #3 – NE ¼ of SE ¼ of Section 19, T4N R90W of the 6th P.M. at a point 300’ from the East Section line and 2400’ from the South line of said Section. RCP Lake #5 – NE ¼ of SW ¼ of Section 13, T4N R91W of the 6th P.M. at a point 2150’ from the West Section line and 1350’ from the South line of said Section. RCP Lake #6 – NW ¼ of NE ¼ of Section 27, T4N, R91W of the 6th P.M. at a point 1500’ from the East Section line and 1150’ from the North of said Section. RCP Pond #1 – SW ¼ of NE ¼ of Section 14, T4N R90W of the 6th P.M. at a point 1950’ from the East section line and 2000’ from the North line of said Section. RCP Pond #2 – NE ¼ of NE ¼ of Section 16, T4N R90W of the 6th P.M. at a point 5100’ from the West Section line and 550’ from the North line of said Section. RCP Pond #3 – NW ¼ of SW ¼ of Section 27, T4N R90W of the 6th P.M. at a point 500’ from the West Section line and 2100’ from the South line of said Section. RCP Pond #7 – SE ¼ of NE ¼ of Section 31, T4N R90W of the 6th P.M. at a point 0’ from the East. Section line and 2400’ from the North line of said Section. RCP Reservoir #2 – SW ¼ of NW ¼ of Section 33 T4N R90W of the 6th

P.M. at a point 1200’ from the West Section line and 2200’ from the North line of said Section. Date of Original Decree: Dec. 22, 2003 Case No. 03CW26 (02CW89) Court: Water Court #6. Legal Description: RCP Pond #4 – SE ¼ of SE ¼ of SW ¼ of Section 21 T4N R90W of the 6th P.M. at a point 200’ from the South Section line and 2300’ from the West line of said Section. Date of Original Decree: Nov. 14, 2003 Case No. 03CW35 (01CW90) Court: Water Court #6. Legal Description: RCP Pond #5 – NW ¼ of NE ¼ of Section 22 T4N R90W of the 6th P.M. at a point 2400’ from the East Section line and 900’ from the North line of said Section. RCP Pond #6 – NW ¼ of SE ¼ of Section 22 T4N R90W of the 6th P.M. at a point 2500’ from the East Section line and 1950’ from the South line of said Section. Source: The source for all structures is: Tributaries to the

Williams Fork. Appropriation Date for all structures is March 30, 1991. Amount of water awarded is: RCP Lake #2: 20.0 acre-feet – absolute; RCP Lake #3: 12.0 acre-feet – absolute; RCP Lake #5: 11.0 acre-feet – absolute; RCP Lake #6 .1 cfs – absolute; RCP Pond #1: 10.0 acre-feet – absolute; RCP Pond #2: 7.0 acre-feet – absolute; RCP Pond #3: 11.0 acre-feet – absolute; RCP Pond #4: 30.0 acre-feet – absolute; RCP Pond #5: 16.0 acre-feet – absolute; RCP Pond #6: 16.0 acre-feet – absolute; RCP Pond #7 .1 cfs – absolute; RCP Reservoir #2: 12.0 acre-feet – absolute; Conditional Uses: RCP Lake #6 and RCP Pond #7: domestic, industrial, commercial, mining, dust suppression, and fire protection. RCP Pond #4, RCP Pond #5 and RCP Pond #6: domestic, industrial, commercial, mining, dust suppression, recreation, fire protection, fish propagation, irrigation, and other beneficial uses. RCP Lake #2, RCP Lake #3, RCP Lake #5, RCP Pond #1, RCP Pond #2, RCP Pond #3, RCP Reservoir #2: domestic, industrial, commercial, mining, dust suppression, recreation, fish propagation, and fire protection. Provide a detailed outline of what has been done: see reports attached to original application. Name and address of owner: Reserve Coal Properties Co., 1800 Washington Rd, Pittsburgh, PA 15241

2. 08CW34 – ROUTT COUNTY–Application for finding of diligence. Applicant: David Bonfiglio, PO Box 748, 25655 Shining Mtn Way, Oak Creek, 80467, 970-846-1151. Structure: Name-Chelsea’s Channel, Type-Ditch. Date of original decree: 5/13/02, case #01CW84, Water Div 6. Legal Description: SW¼, NW¼, Sec 25, T4N, R86W, 6th PM, 1250 ft from N and 1050 ft from W sec lines. Source: Unnamed tributary to Trout Creek tributary to Yampa River. Appropriation date: 10/15/01, amount: 0.5 cfs. Use: Recreation, aesthetic, stock water, irrigation, fire protection, wildlife. What has been done toward completion: Deepened spring fed ponds to allow for horses, llamas and wildlife to drink & started irrigation for better grass growth for livestock/wildlife (maintained full flow through). Owner: applicant.

3. 08CW48 – MOFFAT COUNTY Application for Water Storage Right. Applicant Gary A. & Mary A. Kihlstrom, 34980 N.Hwy 13, Craig, CO 81625, 970-824-8380. Name of Reservoir: Kihlstrom Pond. Legal Description: Parcel #04065916300321, Moffat County, NE¼ of the SW¼, Sec 16, T7N, R90W, 6th PM, 1842 ft from S and 2135 ft from W sec lines. GPS location Northing 4493242, Easting 288541. Ditches – None. Source: Unknown tributary to Fortification Creek. Date of appropriation: 7/22/08, appropriation initiated by filing, date applied to beneficial use-Plan to use spring of 2009, June 1. Amount claimed in acre feet: approx ¼ acre foot, conditional. Use: irrigation-# acres historically-0, acres proposed to be irrigated 11.07. Legal description of acreage to be irrigated: T7N, R902, NE¼ of the SW¼, Sec 16, 6th PM, 1842 ft from S and 2135 ft from W sec lines (Map available in Court file). Surface area of high water line: Approx 884 sq ft dead storage, Maximum height of dam: 3’, length of dam: around pond 139 ft, total capacity of reservoir in acre ft: ¼ acre foot, active capacity: 884 sq. ft, dead storage: 884 sq ft. Applicant is owner.

4. 08CW63 - ROUTT COUNTY08CW63 (02CW21, 95CW92, 89CW78, 86CW01, 81CW204, W-305-77, W-305)Application for Sexennial Finding of

PAGE 2

Diligence. Steamboat Lake Water & Sanitation District,c/o Claire E. Sollars #23398,KLAUZER & TREMAINE, LLC, 320 Lincoln Avenue, 2nd Floor, P.O. Box 774525,Steamboat Springs, CO 80477-4525,(970) 879-5003.Name of the structure (well, spring, ditch, or reservoir): Red Creek Diversion.Describe conditional water right:Date of original decree: July 9, 1973.Case No.: W-305 (subsequent case numbers of due diligence applications: W-305-77, 81CW204, 86CW01, 89CW78, 95CW92, 02CW21). Court: District Court, in and for Water Division No. 6. Location: NW ¼ of Section 6, Township 9 North, Range 85 West of the 6th P.M. at a point approximately 700 feet East and 1200 feet South of the NW corner of said section. Source: Red Creek, tributary of Willow Creek, tributary of Elk River, tributary of Yampa River. Appropriation Date: July 21, 1972. Amount: 3.00 c.f.s. Use: Municipal, domestic, industrial, irrigation, commercial, fish and wildlife propagation, recreation. Depth: N/A.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 (add additional sheets if necessary): The Steamboat Lake Water and Sanitation District (“District”) supplies water services to Filings 1 through 4 of the Steamboat Lakes Subdivision (“Subdivision”). The Red Creek Diversion water right is intended to be used as a component of the District’s water supply system. In the past six (6) years, growth in the Subdivision has increased and the District has expended considerable effort and funds to address the expanding need for water services. During the six-year diligence period, the District spent over $1,132,559.00 towards water distribution and treatment (S317, 951.00) and water collection and treatment ($407,304.00), and development of its conditional water rights, which includes the Red Creek Diversion. The expenditure of funds include: (1) drilling for new wells on Lots 63, 84, Linda Kay replat, 78, Filing 2, Lot 124 Filing 1;(2) secured permits for Lots 63, 84, 124; (3) re-routed water line from Well #1 from private property to center of roadway; (4) upgraded chlorination system for Well #1;(5) maintenance and testing for two active wells; (6) replacement of Wastewater Treatment Plant and sewer lift station from 2004 – 2007 (District’s contribution was $332,579.00); and (7) maintenance, testing and infiltration repairs ($74,725.00) Additionally, the District’s Board of Directors regularly performs on-site inspections of the water rights owned by the District, including the rights associated with the Red Creek Diversion. If claim to make absolute – Water applied to beneficial use: N/A. WHEREFORE the Steamboat Lake Water and Sanitation District respectfully requests this Court issue its Order finding that the District has exercised due diligence in developing the appropriation of the conditional water rights and extending the conditional status of the water rights set forth in this application.

5. 08CW64 ROUTT COUNTY (02CW22, 95CW94, 89CW80, 86CW02, 81CW203, W-303-77, W-303) Application for Finding of Sexennial Finding of Diligence. Steamboat Lake Water & Sanitation District, /o Claire E. Sollars #23398, LAUZER & TREMAINE, LLC, 20 Lincoln Avenue, 2nd Floor, .O. Box 774525, Steamboat Springs, CO 80477-4525, (970) 879-5003, Name of the

PAGE 3

structure (well, spring, ditch, or reservoir): Red Creek Reservoir. Describe conditional water right (as to each structure), giving the following from the Referee’s Ruling and Judgment and Decree: Date of original decree: July 9, 1973.Case No.: W-303 (subsequent case numbers of due diligence applications: W-303-77, 81CW203, 86CW02, 89CW80, 95CW94, 02CW22). Court: District Court, in and for Water Division No. 6. Location: NW ¼ of Section 6, Township 9 North, Range 85 West of the 6th P.M. at a point approximately 700 feet East and 1200 feet South of the NW corner of said section. Source: Red Creek and tributary drainage basin, tributary of Willow Creek, tributary of Elk River, tributary of Yampa River. Appropriation Date: July 21, 1972. Amount: 1,030 acre-feet. Use: Municipal, domestic, industrial, irrigation, commercial, fish and wildlife propagation, recreation. Depth: N/A. 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 (add additional sheets if necessary): The Steamboat Lake Water and Sanitation District (“District”) supplies water services to Filings 1 through 4 of the Steamboat Lakes Subdivision (“Subdivision”). The Red Creek Reservoir water right is intended to be used as a component of the District’s water supply system. In the past six (6) years, growth in the Subdivision has increased and the District has expended considerable effort and funds to address the expanding need for water services. During the six-year diligence period, the District spent over $1,132,559.00 towards water distribution and treatment (S317, 951.00) and water collection and treatment ($407,304.00), and development of its conditional water rights, which includes the Red Creek Reservoir. The expenditure of funds include: (1) drilling for new wells on Lots 63, 84, Linda Kay replat, 78, Filing 2, Lot 124 Filing 1;(2) secured permits for Lots 63, 84, 124; (3) re-routed water line from Well #1 from private property to center of roadway; (4) upgraded chlorination system for Well #1;(5) maintenance and testing for two active wells; (6) replacement of Wastewater Treatment Plant and sewer lift station from 2004 – 2007 (District’s contribution was $332,579.00); and (7) maintenance, testing and infiltration repairs ($74,725.00) Additionally, the District’s Board of Directors regularly performs on-site inspections of the water rights owned by the District, including the rights associated with the Red Creek Reservoir. If claim to make absolute – Water applied to beneficial use: N/A. Wherefore the Steamboat Lake Water and Sanitation District respectfully requests this Court issue its Order finding that the District has exercised due diligence in developing the appropriation of the conditional water rights and extending the conditional status of the water rights set forth in this application.

6. 08CW65 - ROUTT COUNTY Application For Water Rights (Surface and Storage). Luke Jerome Studer and Janet Ann Laurinec—Studer, P.O. Box 773501, Steamboat Springs, CO 80477 c/o Paul Sachs, Esq., Paul Sachs, P.C., P.O. Box 773554, Steamboat Springs, CO 80477. Telephone: (970) 879-8600 Fax: (970) 879-8601. Email: psachs@paulsachspc.com. Names of Structures: Smith Creek Pump 1, Studer Pond, South Pond, North Pond. Legal Description of Each Point of Diversion: Smith Creek Pump 1: Point of diversion on Smith

PAGE 4

Creek, tributary of Deep Creek, tributary of the Elk River, in the SE1/4NW1/4, Section 15, T8N, R86W of the 6th P.M., at a point 2671 feet from the East section line and 2198 feet from the North section line. Street address is 50400 Smith Creek Road, Steamboat Springs, CO 80487; Studer Pond: Located tributary to Smith Creek, tributary of Deep Creek, tributary of the Elk River, in the SW1/4NE1/4, Section 15, T8N, R86W of the 6th P.M., at a point 1717 feet from the East section line and 2497 feet from the North section line. Street address is 50400 Smith Creek Road, Steamboat Springs, CO 80487; South Pond: Located tributary to an unnamed tributary of Smith Creek, tributary of Deep Creek, tributary of the Elk River in the NE1/4SE1/4, Section 15, T8N, R86W of the 6th P.M., at a point 922 feet from the East section line and 2497 feet from the South section line. Street address is 50400 Smith Creek Road, Steamboat Springs, CO 80487; North Pond: Located tributary to an unnamed tributary of Smith Creek, tributary of Deep Creek, tributary of the Elk River in the SE1/4NE1/4, Section 15, T8N, R86W of the 6th P.M., at a point 1243 feet from the East section line and 2377 feet from the North section line. Street address is 50400 Smith Creek Road, Steamboat Springs, CO 80487. Source: Smith Creek Pump 1: Smith Creek, tributary of Deep Creek, tributary of Elk River, tributary of Yampa River. Studer Pond: Smith Creek Pump 1, tributary of Deep Creek, tributary of Elk River, tributary of Yampa River. South Pond: A spring, tributary of Smith Creek, tributary of Deep Creek, tributary of Elk River, tributary of Yampa River. North Pond: A spring, tributary of Smith Creek, tributary of Deep Creek, tributary of Elk River, tributary of Yampa River. Date of Appropriation: Smith Creek Pump 1: September 19, 2008; Studer Pond: August 15, 2008; South Pond: September 19, 2006; North Pond: September 19, 2006. How appropriation was initiated: Smith Creek Pump 1: The appropriation was initiated by the demonstrated conjunction of intent to appropriate and overt actions including installation and use of the pump. Studer Pond: The appropriation was initiated by the demonstrated conjunction of intent to appropriate and overt actions including construction of the pond. South Pond: The appropriation was initiated by clearing an old unnamed diversion ditch and the brush within the spring area. North Pond: The appropriation was initiated by clearing an old unnamed diversion ditch and the brush within the spring area. Amount Claimed: Smith Creek Pump 1: 0.0267 cfs, conditional. Studer Pond: 0.3 acre-feet, conditional. South Pond: 0.4 acre-feet, absolute. North Pond: 0.6 acre-feet, absolute. Proposed Use: Smith Creek Pump 1: Fire protection, augmentation to offset any out of priority uses that may occur on Applicant’s property, fish, recreation and lawn irrigation. Studer Pond: Fire protection, augmentation to offset any out of priority uses that may occur on Applicant’s property, fish, recreation and lawn irrigation. South Pond: Livestock watering, domestic, lawn irrigation and fire protection. North Pond: Livestock watering, domestic, lawn irrigation and fire protection. If irrigation, complete the following: Number of acres to be irrigated: Up to one acre. Legal description of acreage: Up to one acre located within the real property in the SW1/4 of the NE1/4 of Section 15, T8N, R86W of the 6th P.M., more particularly described as Lot 15, Smith Creek Park Subdivision (the

PAGE 5

“Property”). If non-irrigation: Fire protection; water to be pumped to storage tank or pond. Domestic: water to be used to recharge domestic well on the Property. Augmentation to offset any out of priority uses that may occur on Applicant’s property, fish and recreation. Landowner: Applicant.

7. 08CW66 - ROUTT COUNTY (01CW77)(95CW38) (89CW32) (85CW75) (W-968-76) - Application for Sexennial Finding of Reasonable Diligence. 1. Name, Address, Telephone Number of Applicant: Morrison Creek Metropolitan Water and Sanitation District, 24490 Uncompahgre Road, Oak Creek, CO 80467, 970-736-8250, with a copy to: Thomas R. Sharp, Esq., P.O. Box 774608, Steamboat Springs, CO 80477, 970-879-7600. 2. Name of Structure: Stagecoach Well No. 5. 3. Describe Conditional Water Right, giving the following from the referee=s ruling and Judgment and Decree: a) Date of original decree: October 24, 1977, District Court, Case No. W-968-76. Previous findings of due diligence are found at Case Nos. 01CW77, 95CW38, 89CW32, and 85CW75. b) Location: NE 1/4 NW 1/4 of Section 6, Township 3 North, Range 84 West of the 6th P.M., at a point 150 feet South of the North Section line and 1980 feet East of the West Section line of said Section. c) Source: Yampa River. d) Appropriation Date: June 20, 1971. Amount: 2.23 c.f.s. or 1000 gpm. e) Use: Municipal, Domestic, Commercial and Irrigation. f) Depth: 1040 feet. 4. 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 a conditionally decreed, including expenditures: The Applicant is a metropolitan water and sanitation district organized in 1972 to develop and maintain, among other purposes, a reliable water supply for the land and subdivision within the area known as Stagecoach in Routt County, Colorado. Stagecoach Well No. 5 is a part of a larger integrated water supply system of the District, currently serving over 300 single-family residential units. Initial determination of such integrated water supply system, including identification of Stagecoach Well No. 5 as a part of such system, was decreed by this Water Court in Case No. 94CW107, and the confirmation of such Stagecoach Well No. 5 as a part of such system was also entered by the Court in Case No. 01CW77. This integrated water supply system also includes Stagecoach Wells Nos. 1, 2, 2R, 3, 4, 6, 7, 8, 9, and 10. Stagecoach Wells Nos. 1, 2, 8, and 9 have been decreed absolute, and there is pending in the Water Court for Water Division No. 6 an application to decree Stagecoach Wells Nos. 2R and 10 absolute, together with an additional 80 gpm of water absolute to Stagecoach Well No. 2 (Case No. 07CW119). Stagecoach Well No. 5 was conditionally decreed in Case No. 89CW32. A finding of due diligence on such Stagecoach Well No. 5 is also being requested in the pending Case No. 07CW119. The integrated system also includes a conditional surface water diversion directly from the Yampa River for 9.0 cfs, for which due diligence was recently found and decreed by this Water Court in Case No. 07CW9. The integrated water supply system also includes a water supply contract with the Upper Yampa Water Conservancy District for delivery of 50 acre feet per year out of the Yamcolo Reservoir, and a water supply contract with the Upper Yampa Water Conservancy District from Stagecoach Reservoir for delivery of 500 acre

PAGE 6

feet per year from Stagecoach Reservoir. As an integrated water supply system, diligence on any one feature of this system as well as all features of the system can be shown by work done on any one feature of the system. C.R.S. '37-92-301(4)(b); See also, Vail Valley Consolidated Water District v. City of Aurora, 731 P.2d 665 (Colo. 1987). Since the entry of the due diligence decree with respect to Stagecoach Well No.5 on October 9, 2002, in Case No. 01CW77, determining that the District had exercised due diligence up to that time, the District has engaged in efforts to continue development of the District=s total water supply system, including due diligence on the direct flow decree for 9.0 cfs on the Yampa River, for which a finding of due diligence was made in Case No. 07CW9. Due diligence on such 9.0 cfs surface water right constitutes due diligence on all parts of the integrated water supply system including Stagecoach Well No. 5. Further, since October 2002, the District has actively developed Stagecoach Wells Nos. 2R and 10, both of which are part of the integrated water supply system of the District, and has placed both such Wells into service as part of the District=s municipal water supply. Applicant was issued Well Permit No. 61500-F for Stagecoach Well No. 10. Applicant was also issued Well Permit No. 61758-F for Stagecoach Well No. 2R. Applicant retained HRS Water Consultants, Inc. (AHRS@), to advise and assist Applicant in the development of both such wells, and HRS prepared reports on such two wells, each dated December of 2004. Pursuant to such reports, the Applicant hired Layne-Western, a well drilling contractor, who drilled Stagecoach Wells Nos. 2R & 10 in the fall of 2004. Mr. Steve Colby, Manager of the District, hired contractors to install submersible pumps in each well, install 3-phase electricity to each well, install chlorination facilities at Stagecoach Well No. 10, construct a well house at Stagecoach Well No. 10, connect Stagecoach Well No. 2R into the existing well house and chlorination facilities of Stagecoach Well No. 2, and connect the well output of each of Stagecoach Well No. 10 and Stagecoach Well No. 2R into the Applicant=s municipal water supply system. Thereafter, since at least the fall of 2007, such Stagecoach Well No. 10 and Stagecoach Well No. 2R have each been continuously operated by the Applicant as part of its integrated municipal water supply system. The District expended more than $250,000 in the design and construction of Stagecoach Well No. 10 and Stagecoach Well No. 2R. Due diligence on the development of Stagecoach Wells Nos. 2R and 10 constitutes due diligence on all parts of the integrated water supply system including Stagecoach Well No. 5. Commencing in 2005, the Manager and Board of the Applicant have been in negotiations with the owner of the lands southerly of Stagecoach Reservoir for a possible acquisition by the Applicant of a water treatment plant site and easements. Stagecoach Well No. 5 is on the lands of such owner, and may become an additional source, along with the 9 cfs direct flow conditional right of the District on the Yampa River, for raw water for such treatment plant. The Applicant retained in the fall of 2006 the engineering firm of Rothberg, Tamburini, Winsor, Inc., of Denver, Colorado (ARTW@), to perform a number of water engineering services for the applicant, including the siting of the proposed water treatment plant on the southerly shore of Stagecoach

PAGE 7

Reservoir. The Applicant has expended several thousand dollars on water supply and distribution work by RTW. Finally, a portion of the conditionally decreed water from Stagecoach Well No. 5 is proposed to be transferred over to Stagecoach Wells Nos. 2, 2R, and 10, as set forth in pending Case No. 07CW119. 5. If claim is to make absolute: N/A. Applicant therefore respectfully requests this Court to (i) confirm that Stagecoach Well No. 5 is part of an integrated water supply system of the District currently consisting of this conditionally decreed Well No. 5, the Stagecoach Wells Nos. 1, 2, 2R, 3, 4, 6, 7, 8, 9 and 10, a conditional surface water diversion directly from the Yampa River for 9.0 cfs, a right for a water supply contract with the Upper Yampa Water Conservancy District for delivery of 50 acre feet per year out of the Yamcolo Reservoir, and a water supply contract with the Upper Yampa Water Conservancy District from Stagecoach Reservoir for delivery of 500 acre feet per year from Stagecoach Reservoir, (ii) confirm that due diligence in the District as to any part of such integrated water supply system constitutes due diligence on all parts of such system, and (iii) enter a sexennial finding of reasonable diligence with respect to the appropriation from Stagecoach Well No. 5 as more fully described herein.

8. 8CW67 - JACKSON COUNTY, NORTH PLATTE RIVER, WATER DIVISION NO. 6. Application for Finding of Reasonable Diligence. Walden Reservoir Company c/o Carl Trick, Post Office Box 15, Cowdrey, Colorado, 80434, (970)723-4925. c/o Stanley W. Cazier, Post Office Box 500, Granby, Colorado, 80446, (970) 887-3376. Name of Structure: Walden Reservoir, Second Filling. Source: Illinois and Michigan Rivers, tributary to North Platte River. Location: Section 19, Township 9 North, Range 79 West, of the 6th P.M., 2,150 North of the South Section Line and 50 feet West of the East Section Line. Type of Use: Irrigation. Type of Structure: Reservoir. Quantity: 3457.5 acre feet. Appropriation dates: 7/21/54, 7/7/60, 12/15/78. Additional Information: Application contains detailed list of work done during diligence period.

9. 08CW70 - ROUTT COUNTY, Application to Make Absolute In Part and for Finding of Reasonable Diligence (Karl D. Ohlsen, Esq., Mary Mead Hammond, Esq., and Roger L. Phillips, Esq., Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln St., Suite 3900, Denver, CO 80203-4539, (303) 861-9000.). 1. Name, Address and Telephone Number of Applicant: Deerwood Service Company, LLC, Christine Reitz, Chairman, P.O. Box 881546, Steamboat Springs, CO 80488, (970) 870-1834. 2. Name of Structures: A. DP Well No. 3 B. DP Well No. 4 3. Describe conditional and absolute water rights giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: May 31, 1995, Case No. 94CW93, District Court, Water Division No. 6. A portion of the original water rights were made absolute and a finding for reasonable diligence for the remaining portion of the water rights was entered on October 9, 2002, in Case No. 01CW22, District Court, Water Division No. 6. B. Location: 1. DP Well No. 3: Located in Lot 12 of Tract 145 per the Resurvey (SE1/4 NE1/4 - original survey) Section 20, Township 5 North, Range 85 West of the 6th PM. Located 4,170 feet from the west line and 2,691 feet from the south line of section 20. Also located North 47 degrees, 37 minutes, 38

PAGE 8

seconds East, 3992.24 feet form AP 3 Tract 159. Permitted as Well Permit No. 65617-F. Previously permitted as Permits No. 051797-F and 44332-F. 2. DP Well No. 4: Located in Lot 18 of Tract 159 per the Resurvey (SE1/4 SW1/4 - original survey) Section 20, Township 5 North, Range 85 West of the 6th PM.. Located 1,374 feet from the west line and 632 feet from the south line of Section 20. Also located North 13 degrees, 32 minutes, 51 seconds East, 650.88 feet from AP 3 Tract 159. Permitted as Well Permit No. 65618-F. Previously permitted as Permits No. 051976-F and 44333-F. C. Source: Groundwater tributary to the Yampa River. D. Appropriation Date and Amount (1) In Case No. 94CW93, DP Well No. 3 was decreed for 50 g.p.m. conditional with an appropriation date of May 24, 1994; and DP Well No. 4 was decreed for 200 g.p.m. conditional with an appropriation date of May 31, 1994. (2) In Case No. 01CW22, 142 g.p.m. of DP Well No. 4 was decreed absolute. A finding of reasonable diligence was entered as to the remainder of DP Well No. 4 (58 g.p.m.) and the entirety of DP Well No. 3 (50 g.p.m.). E. Use: Central domestic water supply serving 26 lots. F. Depth: (1) DP Well No. 3: 460 feet (2) DP Well No. 4: 460 feet 4. Integrated System: DP Well No. 3 and DP Well No. 4 are parts of an integrated water delivery system to the developments served by the Applicant (the “Deerwood Water System”). The Deerwood Water System includes the DP Wells No. 3 and No. 4, adjudicated in Case Nos. 94CW93 (01CW22); 99CW13 (05CW48); 01CW81; and pending Case No. 08CW11; and the Deerwood Pond, adjudicated in Case Nos. 94CW148 (02CW16); 99CW13 (05CW48); 01CW81; and pending Cases No. 08CW11 and 08CW40. 5. 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. During the diligence period, Deerwood Service Company added four new taps within the Deerwood Ranches subdivision, and now provides water service to 17 of the 26 lots within the subdivision. The subdivision and each of its lots continue to be developed and additional water from the DP Wells No. 3 and 4 will be applied to beneficial use as required to service the subdivision. Deerwood Service Company will continue to add additional taps as the remaining lots are developed. B. During the diligence period, Deerwood Service Company has continued to improve, enlarge, modify, maintain and repair its water delivery infrastructure in order to service its water service customers. Deerwood Service Company has spent more than $13,400 on maintenance, repairs, and to replace a pump during the diligence period. In addition, ownership of Deerwood Service Company has been transferred to a board of managers elected by each of the three subdivisions served by Deerwood Service Company, including Deerwood Ranches. Deerwood Service Company has incurred more than $11,000 in legal fees while completing this change in ownership and in prosecuting its water rights. C. During the diligence period, Deerwood Service Company performed legal and engineering work preparing for and filing the application in Case No. 2005CW23 for an augmentation plan to provide augmentation of out-of-priority depletions attributable to the Deerwood Water System. One aspect of the Application in 05CW23 is to approve an

PAGE 9

augmentation plan for out of priority depletions from DP Wells No. 3 and No. 4 for uses within the Deerwood Ranches subdivision. Deerwood Service Company has incurred and continues to incur legal and engineering fees in order to adjudicate the change of water rights and augmentation plan. D. Because DP Wells No. 3 and 4 are integrated structures for the provision of water within the Deerwood Ranches subdivision, the perfection of the water right for the DP Well No. 4 constitutes evidence of the diligent development of the conditional water right in DP Well No. 3, as well as the remaining conditional water right in DP Well No. 4. 6. Description of water rights made absolute: A. Water right applied to beneficial use: DP Well No. 4, Case No. 94CW93. i. Date of application to beneficial use: July 2006 ii. Amount applied to beneficial use: 142 g.p.m., for water service to each of 17 lots in the Deerwood Ranches subdivision, including 4 lots developed during the diligence period. iii. Use: domestic, stock watering, irrigation and fire protection, as part of a central domestic water supply serving 26 lots. B. Location where water was applied to beneficial use: 17 lots within the Deerwood Ranches subdivision, including 4 lots added during the diligence period. 7. 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: N/A. Applicant owns the lands upon which the diversions structures are located. WHEREFORE, Applicant requests that the Court enter an order to make 142 g.p.m. from the DP Well No. 4, for service to 17 lots, including 4 lots developed during the diligence period, absolute; and to make a finding of reasonable diligence in the development of the remainder of the conditional water rights that are the subject of this application, including 58 g.p.m. from DP Well No. 4 for service to the remaining 9 lots and 50 g.p.m. from DP Well No. 3 for service to each of the 26 lots.

10. 2008CW71 – ROUTT COUNTY (2000CW81). Application to Make Absolute a Conditional Water Right. 1. Name, address, and telephone number(s) (residence and business) of Applicant: Patricia A. Evangelatos, P.O. Box 776277, Steamboat Springs, CO 80477, and c/o Melinda H. Sherman, Esq., Sharp, Steinke, Sherman & Engle LLC, P.O. Box 774608, 401 Lincoln Avenue, Steamboat Springs, CO 80477, Telephone: 970-879-7600. 2. Structure: Second Enlargement of Bomier and Johnson Enlargement of Walton Creek Ditch and McInnis Lateral and Extension Thereof. 3. Description of Conditional Water Right: A. Date of Original Decree: October 29, 2002, Case No. 2000CW81, District Court, Water Division 6 (ARevised Findings of Fact, Conclusions of Law, and Decree for Surface Water Right@). B. Legal Description: The headgate of the Second Enlargement of Bomier and Johnson Enlargement of Walton Creek Ditch and McInnis Lateral and Extension Thereof is located at a lateral headgate located in the SE3NE3 of Section 16, T5N, R84W of the 6th P.M., at a point 1,228 feet from the East line and 1,482 feet from the North line of said Section 16, Routt County, Colorado. C. Source: Wastewater arising from irrigation of lands within the drainage basin boundary of approximately 113

PAGE 10

acres (the ADrainage Basin Boundary@) depicted on the Drainage Basin Map prepared by Civil Design Consultants, Inc., dated 12/4/01, a copy of which is attached to and made a part of the Decree entered in 2000CW81 (the ADrainage Basin Map@). The lands within the Drainage Basin Map boundary are irrigated by diversions from Walton Creek and McKinnis Creek, which are tributaries to the Yampa River. D. Appropriation Date: October 2, 2000. Amount: 2.6 cfs, Conditional. E. Use: Stockwatering, fish propagation, piscatorial, aesthetic, recreation, fire protection, pond evaporation, and to fill, refill, and continuously supply water into and through the existing ponds located on the Applicant=s tract of land within the E2SW3 of Section 16, T5N, R84W of the 6th P.M., Routt County, Colorado, such tract of land being more particularly described in Deed recorded in Book 748, Page 1415, Routt County records. Such uses shall be limited to the dates of May 1 through October 15 each year.4. 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: In 2001 and 2002, during the pendency of the Application in 2000CW81, Applicant paid $1,761.17 to Civil Design Consultants, Inc., for field work and preparation of two ADrainage Basin Maps@, the first of which was attached as Exhibit AA@ to the Decree. In September of 2003, Applicant paid $542.46 to MJK Sales & Feed for materials and $2,701.63 to Grand Junction Pipe and Supply Co. for materials (total of $3,244.09) to construct the headgate, weir, and underground pipe system for this water right; and paid $4,457.50 to Bruce=s Backhoe for labor and backhoe rental to dig the trench for the pipe. Applicant has applied the subject water right to beneficial use for stock watering, fish propagation, piscatorial, aesthetic, recreation, fire protection, pond evaporation, and to fill, refill, and continuously supply water into and through the existing ponds located on Applicant=s land in 2004, 2005, 2006, 2007, and 2008. 5.If claim is to Make Absolute: A. Date Water Applied to Beneficial Use: May 1, 2004; Amount: 2.6 cfs. B. Use: Stockwatering, fish propagation, piscatorial, aesthetic, recreation, fire protection, pond evaporation, and to fill, refill, and continuously supply water into and through the existing ponds located on the Applicant=s tract of land within the E2SW3 of Section 16, T5N, R84W of the 6th P.M., such tract of land being more particularly described in deed recorded in Book 748, Page 1415, Routt County records. C. Description of Place of Use Where Water is Applied to Beneficial Use: Applicant’s tract of land within the E2SW3 of Section 16, T5N, R84W of the 6th P.M., such tract of land being more particularly described in deed recorded in Book 748, Page 1415, Routt County records. 6. Names and addresses of owners or reputed owners of the land upon which structures are located and upon which water is used and/or stored: Point of Diversion: Randy Buchner and Nancy Buchner, P.O. Box 775469, Steamboat Springs, CO 80477; Place of Use: Patricia A. Evangelatos, P.O. Box 776277, Steamboat Springs, CO 80477. Respectfully submitted this 31st day of October, 2008. SHARP, STEINKE, SHERMAN & ENGLE LLC, Attorneys for Applicant, By: /s/ Melinda H. Sherman, Reg. No. 23259. STATE OF COLORADO, COUNTY OF ROUTT. Patricia A. Evangelatos, being first

PAGE 11

duly sworn upon oath, deposes and says that she is the Applicant herein, and that she has read the contents of the foregoing Application and verifies its contents. /s/ Patricia A. Evangelatos. Subscribed and sworn to before me this 31st day of October, 2008, by Patricia A. Evangelatos. WITNESS my hand and official seal. My commission expires: 7-11-2008. /s/ Janice M. Johner, Notary Public.

The following are amended applications previously published:

1. 07CW98 – MOFFAT COUNTY: Second Amended Application for Water Surface Right. Applicant: Vermillion Ranch Limited Partnership, c/o Attorneys Kent Holsinger and Laura L. Chartrand, Holsinger Law, LLC, 104 Broadway, Third Floor, Denver, Colorado 80203 (303) 722-2828. Name of Structure: Antone Canyon I/C/D. Legal Description: SW/4NE/4 Section 17, 2200 feet South of the North boundary and 2400 feet West of the East boundary of said Section, T11N, R101W of the 6th P.M., Moffat County, Colorado. Source: Antone Canyon/Talamantes Creek/Vermillion Creek/Green River. Date of appropriation: November 25, 1998; date water applied to beneficial use: November 25, 1998. How appropriation was initiated: by filling the House Reservoir in SW/4NE/4 Section 17, 2200 feet South of the North boundary and 2400 feet West of the East boundary of said Section, T11N, R101W of the 6th P.M., Moffat County, Colorado. Amount claimed: ten (10) cfs absolute. Use and proposed use: for industrial and domestic purposes. Names and addresses of owners of the land upon which the structure is located: A.W. Dickinson Jr. Trust, 14883 MCRD 10n, Maybell, Colorado 81640. Name of Structure: Dickinson Ditch No. 1 I/C/D. Legal Description: NW ¼ of the NW ¼ of Section 17, Township 11 North, Range 101 West at a distance of 269 feet from the north section line and 1018 feet from the west section line Section 17 of the 6th P.M., Moffat County, Colorado. Source: South Fork of Vermillion Creek/Green River. How appropriation was initiated: filling the House Reservoir in SW/4NE/4 Section 17, 2200 feet South of the North boundary and 2400 feet West of the East boundary of said Section, T11N, R101W of the 6th P.M., Moffat County, Colorado. Date of appropriation: November 25, 1998; date water applied to beneficial use: November 25, 1998. Amount claimed: three (3) cfs absolute, six (6) conditional. Use and proposed use: for industrial and domestic purposes. Names and addresses of owners of the land upon which the structure is located: A.W. Dickinson Jr. Trust, 14883 MCRD 10n, Maybell, Colorado 81640.

2. 08CW2 ROUTT Application for Water rights (Surface). Applicant: Chris A. Miller, Kristen S. Miller, PO Box 276, Hayden, CO 81639; 30755 Red Rock Trail, Hayden, CO 81639. (970) 276-3074. Name of structure: Yoast Spring #6 Legal description: SW1/4 of the NE 1/4, Sec. 30, T5N, R87W of the 6th PM, at a distance of 1846 feet from North section line and 2340 feet from East section line. Street address: Red Rock Trail, Subdivision: South Sage Creek Ranch, Lot M. Source: Spring near intermittent stream, trib. to Sage Creek of the Yampa River. Date of initiation of appropriation: 06-05-2007. How appropriation was initiated: Clean and develop spring, install pipeline and tank. Date water applied

PAGE 12

to beneficial use: 06-05-2007. Amount claimed: .015 cfs Absolute. Use or proposed use: Domestic and 10 head of livestock. If non-irrigation, describe purpose fully: Domestic and 10 head of livestock. Name and address of landowner: Seneca Coal Company, PO Box 670, Hayden, CO 81639.

3. 08CW31 ROUTT COUNTY Application for Water Rights (Surface) Applicant: Richard P. & Katherine D. Palmer, P.O. Box 8, Yampa, CO 80483 970-638-4613. Name of structures (Note: all GPS points were averaged) Pine Livestock 1; Legal Description - Routt County, SW4, NE4, Sec 2, T1N, R85W, 6th PM, 2447 Ft from N and 2546 Ft from E Sec Lines, GPS Northing 4438835, Easting 338511; Five Pine Livestock 2; Legal Description - Routt County, SW4, NE4, Sec 2, T1N, R85W, 6th PM 1638 Ft from N 2586 Ft from E sec lines, GPS Northing 4439082, Easting 338506: Five Pine Diversion; Legal Description - Routt County, SW4, NE4, Sec 2, T1N, R85W, 6th PM, 1890 ft from N and 2467 Feet from E, GPS Northing 4439904, Easting 338540; and Five Pine Spring 4; Legal description - Routt County, NW4, NE4, Sec 2, T1N, R85W, 6th PM, 1132 ft from N and 13240 ft from E sec line, GPS Northing 4439225, Easting 338895. Source for all 4 structures: Unnamed tributary of Chimney Creek of Phillips Creek of the Yampa River. Date of initiation of appropriation: Five Pine Livestock 1, & 2, Five Pine Spring 4, 6/14/1974; Five Pine Diversion 4/1/08. How appropriation was initiated: Five Pine Livestock 1 & 2, Five Pine Spring 4- Land purchased and livestock used water; Five Pine Diversion-Formed intent to appropriate and use water. Date water applied to beneficial use: Five Pine Livestock 1 & 2, Five Pine Spring 4-6/14/1974; Five Pine Diversion-NA. Amount claimed: Five Pine Livestock 1 & 2-.1 cfs each Absolute, Five Pine Spring 4-.01 absolute, Five Pine Diversion .25 cfs Conditional. Use or proposed use: Five Pine Livestock 1 & 2, Five Pine Spring 4-Livestock water (up to 75 head); Five Pine Diversion-irrigation. Number of acres historically irrigated: None. Proposed to be irrigated: 5 acres. Legal description of acreage: 5 acres in the NW SW NE of Sec 2, T1N, R85W, 6th PM. If non-irrigation, describe purpose fully: Five Pine Livestock 1 & 2 and Five Pine Spring 4-Livestock watering. Landowner: Five Pine LLC c/o Frank & Andrea Schaffner, PO Box 121, Yampa, CO 80483. Remarks Richard and Karen Palmer were the property owners with the original application was filed. Five Pine LLC purchased the property 6/14/08.

You are hereby notified that you will have until the last day of December, 2008, 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 $90.00, and should be sent to the Clerk of the Water Court, DIV. 6, PO Box 773117, Steamboat Springs, CO 80477.

ROUTT COUNTY COMBINED COURT

PAGE 13

WATER DIV. 6

/s/ Sharon Martin_________________________________By: Court Judicial Assistant

PAGE 14