IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of December, 2012. The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows: There has been filed in this proceeding a claim or claims which may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest as provided in the Water Right Determination and Administration Act of 1969, or be forever barred. CASE NO. 2012CW138. Applicant: Richard Morfitt, Morfitt Farms, LLLP., P. O. Box 628, Delta, CO 81416. Application For Surface Water Rights: Jeff’s Ditch – NE1/4SE1/4 of Section 33, T51N, R10W, NMPM. 3,232 feet from the north line and 5,330 feet from the east section line. Source: Uncompahgre River. Appropriation Date: 12/042012. Amount Claimed: 250 g.p.m. conditional to fill stockwaterering/water fowl habitat pond, one time per year then flow through. MONTROSE COUNTY. CASE NO. 2012CW139. Applicant: Patrick and Jennifer McPherson, P. O. Box 1780, Paonia, CO 81428. Application for Surface Water Rights: Hovel Springs – NW1/4SE1/4SW1/4 of Section 6, T14S, R91W, 6th PM. 770 feet from the south line and 1,464 feet from the west section line. Source: North Fork of the Gunnison River. Appropriation Date: 12/07/2012. Amount Claimed: 25 g.p.m. absolute for wildlife, stockwater, irrigation and domestic. DELTA COUNTY. CASE NO. 2012CW140 (REF NO. 06CW16, 99CW26). Applicant: John Gacek and Ronda Gacek, P. O. Box 1930, Telluride, CO 81435. Application For Finding of Reasonable Diligence and To Make Absolute: Sanctuary Ranch Hydro - SE1/4NE1/4 of Section 2, T42N, R11W, NMPM. 2,640 feet north of the south line and 200 feet west of the east section line. Source: San Miguel River. Appropriation Date: 01/25/1999. Amount Claimed: 3.0 c.f.s. conditional for hydropower of which 0.10 c.f.s. absolute may be used for irrigation of 2 acres. The application on file with the Water Court contains an outline of the work performed during the diligence period. SAN MIGUEL COUNTY. CASE NO. 2012CW141. Applicant: Justin Jager, 8021 Juniper Drive, Park City, UT 84098. Application for Surface Water Rights: Jager Springs and Pipeline – NE1/4NE1/4 of Section 24, T44N, R10W, NMPM. 1,151 feet from the north line and 220 feet from the east section line. Source: San Miguel River. Appropriation Date: 12/10/2012. Amount Claimed: 15 g.p.m. conditional for domestic use for one cabin including lawn and garden and domestic livestock. SAN MIGUEL COUNTY. CASE NO. 2012CW142. Applicant: Daniel Bolton, 34879 Powell Mesa Road, Hotchkiss, CO 81419. Application for Conditional Surface Water Rights: Short Draw Ditch – NE1/4NE1/4NW1/4 of Section 7, T14S, R92W, 6th PM. 270 feet from the north line and 2,266 feet from the west section line. Source: Gunnison River. Appropriation Date: 07/15/2012. Amount Claimed: 2.00 c.f.s. conditional for irrigation to fill a pond. Doug Out Spring – NE1/4NW1/4NW1/4 of Section 7, T14S, R92W, 6th PM. 569 feet from the north line and 1,248 feet from the west section line. Source: Gunnison River. Appropriation Date: 07/15/2012. Amount Claimed: 0.044 c.f.s. conditional for irrigation

of 3 acres, domestic, wildlife, stockwater and to fill a pond. Goat Spring – NE1/4SW1/4NE1/4 of Section 7, T14S, R92W, 6th PM. 1,875 feet from the north line and 1,364 feet from the east section line. Source: Gunnison River. Appropriation Date: 07/15/2012. Amount Claimed: 0.088 c.f.s. conditional for domestic, stockwater irrigation of 10 acres, wildlife and to fill a pond. Bolton Spring No. 2 – NW1/4NE1/4NW1/4 of Section 7, T14S, R92W, 6th PM. 51 feet from the north line and 2,110 feet from the west section line. Source: Gunnison River. Appropriation Date: 07/15/2012. Amount Claimed: 0.044 c.f.s. conditional for irrigation of 3 acres, domestic, stockwater, wildlife and to fill a pond. DELTA COUNTY. 2012CW143, MESA COUNTY, NORTH EAST CREEK, EAST CREEK, GUNNISON RIVER. Ronald E. Tipping, Marie E. Tipping, William R. Patterson and Rodney C. Power, c/o Ronald E. Tipping, 1967 Broadway, Grand Junction, CO 81503, (970) 243-2599; Applicants’ Attorney: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., PO Box 338, Grand Junction, CO 81502, (970) 242-6262, mherm@wth-law.com. Application for Water Storage Right and Surface Water Right. First Claim: Water Storage Right: Reservoir: Tippings Solitude Lake; Legal Description: The center of the dam for the reservoir is located at a point approx. 2,400 ft west of the east section line and 4,250 ft south of the north section line of Sect. 35, T. 13 S., R. 101 W., 6th P. M. Sources: Tippings Solitude Lake will be located on the channel of North East Creek and will be filled from the following sources, all of which are tributary to North East Creek, tributary to East Creek, tributary to the Gunnison River: Water flowing in North East Creek, and springs and natural runoff occurring above the reservoir; Water that is leased, purchased or acquired by Applicants, owned by Applicants, or otherwise available to Applicants from other reservoirs and sources in the North East Creek drainage; Tippings Solitude Lake Filler Pipeline, described in the Second Claim; If filled from a ditch: Name of ditch: Tippings Solitude Lake Filler Pipeline: 2.0 c.f.s.; Legal description of point of diversion: See description below; Appropriation Date: November 1, 2012; Date Applied to Beneficial Use: Not applicable; Amount: 65 acre feet, conditional, together with the right to fill and refill the reservoir when water is available in priority; Uses: The water in the reservoir will be used for irrigation purposes; Number of acres historically irrigated: 0; Total number of acres proposed to be irrigated: Up to approximately 1,900 acres; Legal description of acreage to be irrigated: The water in the reservoir will be used for irrigation of a maximum of approximately 1,900 acres owned, in whole or in part, by one or more of the Applicants and located within the lands described on Exhibit B, attached to the Application. The irrigation will include both irrigation of agricultural crops and the irrigation of aspen trees and other natural vegetation to create wildlife habitat. In addition to the irrigation use described above, the water in the reservoir will also be used for stockwatering, fire protection, piscatorial, recreation, and wildlife watering and habitat purposes. The wildlife habitat uses will include the creation of natural riparian vegetation and habitat along the shores of the reservoir, in addition to the watering of aspen trees and other natural vegetation as described above; Applicants plan to construct a pump and pipeline from Tippings Solitude Lake to King Lake Reservoir, located upstream on North East Creek, or to a point or points on North East Creek between Tippings Solitude Lake and King Lake Reservoir. King Lake Reservoir is owned by some of the Applicants. The water pumped to King Lake Reservoir will be used for the irrigation and other uses described above. The water pumped to King Lake Reservoir may also be released from King Lake Reservoir to North East Creek to help maintain flows for piscatorial purposes in the portion of North East Creek between King Lake Reservoir and Tippings Solitude Lake. Water pumped to a point or points below King Lake Reservoir will be used help maintain flows for piscatorial purposes in the

portion of North East Creek between the release point(s) and Tippings Solitude Lake; Dam and Reservoir Information: Surface Area of High Water Line: approximately 5 acres; Vertical Height of Dam: 35 feet; Length of Dam: 180 feet; Total Capacity of Reservoir: 65 acre feet; Active Capacity: 55 acre feet; Dead Storage: 10 acre feet; Name and address of landowners: Applicants. Second Claim: Application for Surface Water Right: Structure: Tippings Solitude Lake Filler Pipeline; Legal Description: The point of diversion is located approximately 1,800 feet west of the east section line and 250 feet north of the south section line of Section 35, T. 13 S., R. 101 W. 6th P.M. Source: Unnamed tributary of North East Creek, tributary to East Creek, tributary to the Gunnison River; Appropriation Date: November 1, 2012; Date Applied to Beneficial Use: N/A; Amount: 2.0 c.f.s., conditional; Uses: The Tippings Solitude Lake Filler Pipeline will be used to fill Tippings Solitude Lake, described in the First Claim, above, where the water will be used for the uses described in the Application for Tippings Solitude Lake; Name and address of landowners: The point of diversion will be located on land owned by Applicants. (8 pages). MESA COUNTY. CASE NO. 2012CW144. Applicant: Patricia Wilde, aka Lucia Patricia Penafiel de Wilde, 19932 W. 112th Circle, Olathe, KS 66061, direct correspondence to Rufus O. Wilderson, Wilderson Lock & Hill, LLC, 525 North Main Street, Gunnison, CO 81203, (970) 641-1903, fax (970) 641-1943. Application for a Finding of Reasonable Diligence. Description of Conditional Water Rights. The following conditional water right was originally decreed by the District Court, Water Division 4, in Case No. 99CW112, on May 26, 2000. Name of Structure: WILDE DITCH. Date of original Decree: May 26, 2000 Case No.: 99CW112, Court: Water Division No. 4, Date of Subsequent Decree: December 27, 2006, Case No.: 06CW99, Court: Water Division No. 4. Location: A point in the W1/2NW1/4, Section 13, Township 13 South, Range 85 West, 6th P.M., 850 feet from the west section line and 700 feet from the north section line in said Section 13. Source: Tributary to Brush Creek, tributary to the East River. Appropriation Date: June 15, 1999. Amount 2.0 c.f.s. Use: Irrigation, stock watering, domestic and fire protection purposes. A detailed outline of work performed toward completion of the appropriation is provided in the Application. GUNNISON COUNTY. CASE NO. 2012CW145 (REF NO. 2006CW24). Applicant: Arlo Cox, 23060 U Road, Cedaredge, CO 81413. Application To Make Absolute: Quiet Corner Pond – SE1/4NW1/4SE1/4 of Section 25, T13S, R95W, 6th PM. 1,780 feet west of the east line and 1,700 feet north of the south section line. Source: Gunnison River. Appropriation Date: 02/08/2006. Amount Claimed: 7.5 acre- feet absolute, 3.5 acre-feet for irrigation of 65 acres, stockwater and wildlife and 4.0 acre feet for augmentation. The application on file with the Water Court contains an outline of the work performed during the diligence period. DELTA COUNTY. CASE NO. 2012CW146. Applicant: Dwayne Shearer, 215 Paonia, Avenue, Paonia, CO 81428. Application for Absolute Surface Water Rights: Twila’s Ditch – NE1/4SW1/4NE1/4 of Section 5, T14S, R91W, 6th PM. 1,478 feet from the north line and 1,951 feet from the east section line. Source: Minnesota Creek and the Gunnison River. Appropriation Date: 04/11/2011. Amount Claimed: .50 c.f.s. absolute for irrigation of 12 acres and stockwater. DELTA COUNTY. CASE NO. 2012CW147. MONTROSE COUNTY. 1. Co-Applicants: Don Lechleiter, 58126 Kiowa Road, Montrose, CO 81403, and Joan Louise Lechleiter Hanson, 17927 Hanson Road, Cedaredge, CO 81413. (Attorneys for Co-Applicants: Peter R. Black and

Daniel F. Fitzgerald; Traylor, Tompkins & Black, P.C., 751 Horizon Court, Suite 100, Grand Junction, CO 81506, (970) 242-2636). APPLICATION FOR CONDITIONAL WATER RIGHTS (SURFACE). Kim Ditch – Location of Structure: Alternate Diversion Point #1 of the Kim Ditch is located in the SE ¼ of the NW ¼ of Section 16, Township 49 north, Range 10 west of the 21st P.M. at a point 1,927 feet south of the north section line and 2,649 feet east of the west section line. Alternate Diversion Point #2 of the Kim Ditch is located in the SW ¼ of the NE ¼ of Section 16, Township 49 north, Range 10 west of the 21st P.M. at a point 2,096 feet south of the north section line and 2,454 feet west of the east section line. See UTM coordinates on Application. Sources: Flow in the Kim Ditch includes groundwater, surface water, and irrigation wastewater tributary to Coal Creek, tributary to the Uncompahgre River. Appropriation Date: Conditional water right appropriated on November 18, 2012 by formation of intent following on-site field investigations and discussion. Amount Claimed: 2.75 cfs Conditional. Uses: Irrigation, stock water, wildlife and fire protection. Place of Use: See vicinity map attached as Exhibit A to Application for locations of proposed uses. MONTROSE COUNTY. CASE NO. 2012CW148 (REF NO. 06CW87, 99CW128) DELTA, GUNNISON RIVER. Elam Construction, Inc. dba Grand Junction Concrete Pipe Co., Attn: Ivan Geer, P.E., 2311 River Road, Grand Junction, CO 81505. (970) 245-9301, Ivan@gjpipe.com; with a copy to Kirsten M. Kurath, Williams, Turner & Holmes, P.C., PO Box 338, Grand Junction, CO 81502, 970-242-6262, kmkurath@wth-law.com. Application for Finding of Reasonable Diligence and to Make Conditional Water Rights Partially Absolute. Structures: The Delta Paving Pit Wells, consisting of Delta Paving Pit Well No. 1, Delta Paving Pit Well No. 2, Delta Paving Pit Well No. 3, Delta Paving Pit Well No. 4, and Delta Paving Pit Well No. 5 (“Delta Pits”); Description: Original Decree: May 10, 2000, Case No. 99CW128, Water Division 4, Subsequent Decrees: December 27, 2006 , Case No 06CW87, Water Division 4; Location: The Delta Paving Pit Wells are located in the south half of Sec. 3 and the north half of Sec. 10, T. 15 S., R. 95 W., 6th P.M., as follows: Delta Paving Pit Well No. 1: 2200 ft W. of the E. line and 200 ft N. of the S. line of Sec. 3; Delta Paving Pit Well No. 2: 1700 ft W. of the E. line and 300 ft N. of the S. line of Sec. 3; Delta Paving Pit Well No. 3: 1100 ft W. of the E. line and 400 ft N. of the S. line of Sec 3; Delta Paving Pit Well No. 4: 1600 ft W. of the E. line and 800 ft S. of the N. line of Sec 10; Delta Paving Pit Well No. 5: 2300 ft W. of the E. line and 1600 ft S. of the N. line of Sec. 10. Source: The Delta Paving Pit Wells are gravel pits located in alluvial deposits adjacent to the Gunnison River, and will intercept and withdraw groundwater tributary to the Gunnison River. Appropriation Date: June 19, 1998; Amounts: 218.75 acre ft per year for evaporation losses and 3.7 acre ft per year for product moisture losses from the Delta Paving Pit Wells. In addition, water will be pumped from the Delta Paving Pit Wells at the maximum rates of 800 g.p.m. for dewatering purposes, 300 g.p.m. for dust suppression purposes (2.70 acre ft per year), and 1,000 g.p.m. for aggregate washing purposes. In Case No. 06CW87, the following amounts were made absolute: Evaporation Losses, 7.53 acre ft; Dust Suppression, 1.45 acre ft; Product Moisture Loss, 3.24 acre ft; Dewatering, 800 g.p.m.; Uses: Industrial uses, including but not limited to dewatering of the Delta Paving Pit Wells during mining, evaporation during mining activities and after completion of mining activities from the Delta Paving Pit Wells, dust suppression, product moisture losses through aggregate removal and processing, and aggregate washing, all in connection with the mining of sand, gravel, and related products from the lands on which the Delta Paving Pit Wells are located, and with the reclamation and use of such land during and after completion of such mining; Well Permit: The State Engineer has issued Well Permit No. 053787-F for the Delta Paving Pit Wells. 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 is included in the app. Claim To Make Water Right Absolute: Applicant has diverted and/or used the following amounts of water under the Water Rights during this diligence period. Annual amounts are based on a water year extending from November 1 of one year to October 31 of the next year. Applicant has exposed approximately 14.7 acres of groundwater to the atmosphere. Since water year 2010, evaporation losses totaled 53.58 acre ft of water per year. Applicant has diverted and used water under the Water Rights for dust suppression purposes in the full decreed amount of 2.70 acre ft per year. Applicant has withdrawn and used water under the Water Rights in the form of product moisture losses from the material removed from the gravel pits associated with the Water Rights in the full decreed amount of 3.70 acre feet per year, assuming a product moisture content of four percent. Accordingly, the Water Rights should be made absolute in the following additional amounts, based upon the amounts used as set forth above: Evaporation Losses, 46.05 acre ft for a total of 53.58 acre ft; Dust Suppression, 1.25 acre ft for a total of 2.70 acre ft; Product Moisture Loss, 0.46 acre ft for a total of 3.70 acre ft; Name and Address of Landowners: Applicant and Richard and Betsey Frazier, 19589 Highway 92, Delta, CO. 81416. (5 pages). DELTA COUNTY. CASE NO. 2012CW149 (REF NO. 05CW141). DELTA COUNTY 1. Roger Bentley and DOM Leasing Co. LLC, 990 24 Road, Grand Junction CO 81505, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART. 2. Name of Structure: GKA TAILWATER PUMP 3. Date of Original Decree: December 27, 2006, Case No. 05CW141 Court: Water Division No. 4. 4. Legal Description of decreed point of diversion: 1980 feet north of the south section line and 1330 feet east of the west section line, NE1/4SW1/4, Section 18, Township 15 South, Range 94 West, 6th P.M.. 5. Date of Appropriation: September 13, 2005. 6. Amount: 0.375 c.f.s. 7. Use: Irrigation of 15 acres and stockwater. 8. Source of Water: Drainage tributary to the Gunnison River. 9. Claims for diligence and to make absolute in part: A pump and pipeline have been installed and a sprinkler system has been used to irrigate ten acres. An additional five acres is irrigable, with the extension of the pipe system. Applicants intend to install that pipe and irrigate this additional land. Applicant requests to make 0.375 c.f.s. absolute for the irrigation of ten acres and to continue the balance conditional. DELTA COUNTY. CASE NO. 2012CW150. Applicant: Joseph and Cynthia West, 10 Ridge Lane, Gunnison, CO 81230. Application for Absolute Surface Water Rights: Rockin JC 1 spring – NW1/4NW1/4 of Section 8, T48N, R4W, NMPM. 876 feet from the north line and 892 feet from the west section line. Source: Pine Creek, Gunnison River. Appropriation Date: 07/21/2012. Amount Claimed: .04 c.f.s. absolute for stockwater, domestic, irrigation of 80+ acres and agriculture. GUNNISON COUNTY. CASE NO. 2012CW151 1. Name, address, and telephone number of Applicant: Mountain Coal Company, LLC, c/o Kathleen Welt, P.O. Box 591, 5174 State Highway 133, Somerset, Colorado 81434; Phone: (970) 929-5015. Mary Mead Hammond and Mason H. Brown, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, Colorado 80203; Phone: (303) 861-9000. 2. Application for Water Storage Right: B North Panels Sealed Sump. A. Name of Reservoir: B North Panels Sealed Sump. B. Legal Description of Location: (N.B. there is no dam centerline for this facility). Beneath the SE¼ SE¼ Section 10, S½ S½ Section 11, W½ W½ Section 13, Section 14, Section 15, and N½ N½ Section 23, Township 13 South, Range 90 West, 6th

P.M., Gunnison County, Colorado, underground in the West Elk Mine near Somerset, Colorado. See attached map, Exhibit A-1. C. Source: 1. Nontributary groundwater in the B East Mains and Southeast Panels Fault Systems of the West Elk Mine. 2. North Fork Gunnison River. D. If filled from a ditch: 1. Names of wells and pipelines: a. Mountain Coal Company Nontributary B East Mains Fault Well, and Mountain Coal Company Nontributary Southeast Panels Fault Well. b. Mt. Gunnison Pipeline. 2. Legal Descriptions of Points of Diversion: a. Mountain Coal Company Nontributary B East Mains Fault Well: (from decree in Case No. 97CW242). Water issues from a fault that

¼ of Section 28, Township 13 South, Range 90 West of the 6th P.M. at a point approximately 600 feet south of the North section line and 800 feet west of the East section line. As mining has progressed along the fault, water has been encountered at other locations. b. Mountain Coal Company Nontributary Southeast Panels Fault Well: (from decree in Case No.

the NW¼ of the NE¼ of Section 27, Township 13 South, Range 90 West of the 6th P.M. at a point approximately 1,200 feet south of the North section line and 2,700 feet east of the West section line. As mining has progressed along the fault, water has been encountered at other locations. c. Mt. Gunnison Pipeline: (from decree in Cases No. 06CW131 and 132) The headgate is located in the NW¼ SE¼ SE¼ of Section 9, Township 13 South, Range 90 West, 6th P.M. Gunnison County, at a point 903 feet north of the south section line and 823 feet west of the east section line. E. 1. Date of Appropriation: March 31, 2009. 2. How appropriation was initiated: Formation of intent to divert and store water underground in sealed sump developed through underground mining in the West Elk Mine, and thereafter to use stored water for mine operations, and by pumping and storing water in the sealed sump. 3. Date water applied to beneficial use: N/A. F. Amount Claimed: 1. 3,065 acre-feet Conditional. 2. If filled from ditch, rate of diversion in c.f.s.: a. Mountain Coal Company B East Mains Fault Well: 0.50 c.f.s. b. Mountain Coal Company Southeast Panels Fault Well: 1.0 c.f.s. c. Mt. Gunnison Pipeline: 15.0 c.f.s. G. Use or Proposed Use: Water stored in the B North Panels Sealed Sump will be used to supply water for the operations of the West Elk Mine in Gunnison, Colorado, including use for industrial, mining, domestic, augmentation as decreed in Case No. 97CW244, mining and mine reclamation, including but not limited to irrigation for mine reclamation, dust suppression, fire protection, and other mine operation uses. H. Surface Area of High Water Line: 1,198 acres. 1. Vertical height of dam in feet measured vertically from the elevation of the lowest point of the natural surface of the ground where that point occurs along the longitudinal centerline of the dam up to the crest of the emergency spillway of the dam: N/A: there is no dam for this underground facility. 2. Length of dam: N/A (see above). I. Total Capacity of Reservoir in acre-feet: 3,065 acre-feet. 3. Application for Change of Water Right: Alternate Point of Diversion for Freshwater Ponds and Alternate Points of Storage for Freshwater and Sedimentation Ponds. A. Decreed Water Rights for Which Change is Sought: 1. Name of Structure: Fresh Water Pond No. 1: a. Date of original and all relevant subsequent decrees: December 15, 1981 (Case No. 80CW456); April 24, 1986 (Case No. 85CW278); District Court in and for Water Division No. 4. b. Legal description of structure as described in most recent decree: 1. The initial point of survey of the Fresh Water Pond No. 1 is on the dam axis at a point in the East half of Section 9, Township 13 South, Range 90 West, 6th P.M., from whence the SE corner of said Section 9 bears South 79° 5' 1" East 1,610.65 feet. 2. See attached map, Exhibit A-2. c. Decreed source of water: Water tributary to North Fork Gunnison River, including water intercepted and collected by works on the West Elk Coal Mine site. d. Appropriation Date: September 6, 1979. e. Total Amount decreed to structure: 0 acre-feet

Conditional; 9.98 acre-feet Absolute. f. Decreed use or uses: Mine land reclamation, sedimentation, and pollution control, mining, industrial, commercial, manufacturing, domestic and municipal purposes, and irrigation (pursuant to land reclamation) of 46.5 acres. See attached map, Exhibit A-2 and A-3. g. Amount of water that Applicant intends to change: 0 acre-feet Conditional; 9.98 acre-feet Absolute. 2. Name of Structure: Fresh Water Pond No. 2: a. Date of original and all relevant subsequent decrees: December 15, 1981 (Case No. 80CW456); April 24, 1986 (Case No. 85CW278); May 21, 1990 (Case No. 89CW215); February 25, 1997 (Case No. 96CW98); August 29, 2003 (Case No. 03CW48); September 13, 2010 (Case No. 09CW107); September 13, 2010 (Case No. 09CW108); District Court in and for Water Division No. 4. b. Legal description of structure (as described in most recent decree): 1. From Paragraph 8.A of decree in Case No. 09CW108: the location of Sedimentation Pond No. 1, (now known informally as New Fresh Water Pond). The PLSS location of this pond is in the NW¼ of the NE¼ of the NE¼ of Section 16, T 13 South, R 90 West, 6th P.M., at a point 17 feet from the North section line, and 742 feet from the East section line, of Section 16. 2. See attached map, Exhibit A-2. c. Decreed source of water: Water tributary to North Fork Gunnison River, including water intercepted and collected by works on the West Elk Coal Mine site. d. Appropriation Date: September 9, 1979. e. Total Amount decreed to structure: 9.98 acre-feet Conditional; 0 acre-feet Absolute. f. Decreed use or uses: Mine land reclamation, sedimentation, and pollution control, mining, industrial, commercial, manufacturing, domestic and municipal purposes, and irrigation (pursuant to land reclamation) of 46.5 acres. See attached map, Exhibit A-2. g. Amount of water that Applicant intends to change: 9.98 acre-feet Conditional; 0 acre-feet Absolute. 3. Name of Structure: Sedimentation Pond No. 1: a. Date of original and all relevant subsequent decrees: December 15, 1981 (Case No. 80CW456); April 24, 1986 (Case No. 85CW279); September 13, 2010 (Case No. 09CW108); District Court, Water Division No. 4. b. Legal description of structure as described in most recent decree: 1. For 9.98 acre-feet: from Paragraph 8.C. of Decree in Case No. 09CW108: the location of Sedimentation Pond No. MB-5E. The PLSS location of this pond is in the NW¼ of the SW¼ of the SE¼ of Section 9, T 13 South, R 90 West, 6th P.M., at a point 1,092 feet from the South section line, and 2,444 feet from the East section line, of Section 9. 2. For 3.68 acre-feet: from Paragraph 8.D. of Decree in Case No. 09CW108: Sedimentation Pond No. 1. The PLSS location of this pond, now known informally as New Fresh Water Pond, is in the NW¼ of the NE¼ of the NE¼ of Section 16, T 13 South, R 90 West, 6th P.M., at a point 17 feet from the North section line, and 742 feet from the East section line, of Section 16. 3. See attached map, Exhibit A-2. c. Decreed source of water: Natural precipitation and runoff collected on the Mt. Gunnison (West Elk) Mine site, said water being tributary to the North Fork Gunnison River. d. Appropriation Date: July 24, 1980. e. Total Amount decreed to structure: 0 acre-feet Conditional; 13.66 acre-feet Absolute. f. Decreed use or uses: mine land reclamation, sedimentation and pollution control, mining, industrial, commercial, manufacturing, domestic, municipal, irrigation pursuant to reclamation purposes. g. Amount of water that Applicant intends to change: 0 acre-feet Conditional; 13.66 acre-feet Absolute. 4. Name of Structure: Sedimentation Pond No. 2: a. Date of original and all relevant subsequent decrees: December 15, 1981 (Case No. 80CW456); April 24, 1986 (Case No. 85CW279); September 13, 2010 (Case No. 09CW108); District Court, Water Division No. 4. b. Legal description of structure as described in most recent decree: 1. From Paragraph 8.B of Decree in Case No. 09CW108: the location of Sedimentation Pond No. MB-5E. The PLSS location of this pond is in the NW¼ of the SW¼ of the SE¼ of Section 9, T 13 South, R 90 West, 6th P.M., at a point 1,092 feet from the South section lines, and 2,444 feet from the East section line, of Section 9. 2. See attached

map, Exhibit A-2. c. Decreed source of water: Natural precipitation and runoff collected on the Mt. Gunnison (West Elk) Mine site, said water being tributary to the North Fork of the Gunnison River. d. Appropriation Date: July 24, 1980. f. Total Amount decreed to structure: 0 acre-feet Conditional; 9.61acre-feet Absolute. g. Decreed use or uses: mine land reclamation, sedimentation and pollution control, mining, industrial, commercial, manufacturing, domestic, municipal, irrigation pursuant to reclamation purposes. h. Amount of water that Applicant intends to change: 0 acre-feet Conditional; 9.61 acre-feet Absolute. 5. Name of Structure: Sedimentation Pond No. 3: a. Date of original and all relevant subsequent decrees: December 15, 1981 (Case No. 80CW458); April 24, 1986 (Case No. 85CW279); District Court, Water Division No. 4. b. Legal description of structure as described in most recent decree: 1. Located at a point whence the SE corner of Section 9, Township 13 South, Range 90 West, 6th P.M. bears South 30° 23' 26" East a distance of 991.3 feet. 2. See attached map, Exhibit A-2. c. Decreed source of water: Natural precipitation and runoff collected on the Mt. Gunnison (West Elk) Mine site, said water being tributary to the North Fork of the Gunnison River. d. Appropriation Date: July 24, 1980. f. Total Amount decreed to structure: 0 acre-feet Conditional; 0.23 acre-feet Absolute. g. Decreed use or uses: mine land reclamation, sedimentation and pollution control, mining, industrial, commercial, manufacturing, domestic, municipal, irrigation pursuant to reclamation purposes. h. Amount of water that Applicant intends to change: 0 acre-feet Conditional; 0.23 acre-feet Absolute. B. Detailed description of proposed changes: 1. Complete statement of change, including a description of all water rights to be changed, a USGS topographic map showing the approximate location of historical use of the rights and proposed place of use, and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist. In addition, the applicant may submit a report by an engineer that includes this information. Please be aware that early in the proceedings, you will be required to supply detailed information, such as the historical consumptive use on a monthly basis of the water rights you propose to change and an analysis of historical return flow patterns. You are encouraged to provide such information with this application. a. Background: Applicant owns and operates the West Elk Mine (the “Mine”), located south of the North Fork Gunnison River near Somerset, Colorado. The water rights herein provide water for the operation of the Mine facility as a part of an integrated system of water rights and facilities for operation of the Mine, which has been in operation since 1982. Currently, Applicant is longwall mining in the “E” Seam, having previously developed and produced coal from the “F” and “B” Seams. Applicant has developed a number of water diversion and storage facilities at the Mine, including the Mt. Gunnison Pipeline, ponds located on the ground surface (Freshwater Pond No. 1, Sedimentation Pond No. 1, ( also known as Fresh Water Pond No. 2 and now known informally as New Fresh Water Pond), Sedimentation Pond No. MB-5E, and Sedimentation Pond No. 3 (the “Surface Storage Facilities”)), and storage facilities located underground (Northeast Panels Sealed Sump, Northwest Panels Sealed Sump, and B North Panels Sealed Sump, (the “Underground Storage Facilities”)). Applicant has adjudicated water rights for the Mt. Gunnison Pipeline, the Surface Storage Facilities, and the Northeast Panels Sealed Sump and Northwest Panels Sealed Sump. Through this application, the Applicant seeks to enhance flexibility of operations and reliability of water supply at the Mine by adjudicating additional water rights and changes of water rights. b. Changes of Surface Storage Facilities. Applicant seeks (1) to allow water to be diverted for the decreed Freshwater Ponds through the Mt. Gunnison Mine Pipeline as an alternate point of diversion; and (2) to allow water diverted on the water rights decreed to the Surface Storage Facilities to be stored in the Northeast Panels Sealed Sump and the B North Panels Sealed Sump,

as alternate points of storage. 2. Accordingly, Applicant seeks the following changes of water right: a. Alternate Point of Diversion of: Fresh Water Pond No. 1 and Freshwater Pond No. 2 at the Mt. Gunnison Pipeline. b. Alternate Points of Storage of: Fresh Water Pond No. 1; Fresh Water Pond No. 2; Sedimentation Pond No. 1; Sedimentation Pond No. 2; and Sedimentation Pond No. 3 in the Northeast Panels Sealed Sump and in the B North Panels Sealed Sump, in addition to their currently decreed points of storage. 3. If applicant is correcting the location of a well in an existing decree where the actual location of the well is more than 200 feet from the decreed location, or drilling a replacement well more than 200 feet from the decreed location, provide legal description of decreed location in Paragraph 2.C above [sic]. Provide actual or new location of well: N/A. 4. If a change in point of diversion, provide legal descriptions of decreed location and actual or new location of structure. a. Decreed locations in PLSS format: 1. Fresh Water Pond No. 1: The PLSS location of this pond is in the SE¼ SW¼ SE¼ of Section 9, Township 13 South, Range 90 West, 6th P.M., at a point 200 feet from the south section line, and 1,623 feet from the east section line, of Section 9. 2. New Fresh Water Pond (stores Freshwater Pond No. 2 and 3.68 acre-feet of Sedimentation Pond No. 1): in the NW¼ NE¼ NE¼ of Section 16, Township 13 South, Range 90 West of the 6th Principal Meridian at a point 17 feet from the north section line and 742 feet from the east section line. 3. Sedimentation Pond No. MB-5E (stores Sedimentation Pond No.1 and 9.61 acre-feet of Sedimentation Pond No. 2): in the NW¼ SW¼ SE¼ of Section 9, Township 13 South, Range 90 West of the 6th P.M. at a point 1,092 feet from the south section line and 2,444 feet from the east section line. 4. Sedimentation Pond No. 3: The PLSS location of this pond is in the NE¼ of the SE¼ of the SE¼ of Section 9, T 13 South, R 90 West, 6th P.M., at a point 855 feet from the south section line, and 546 feet from the east section line, of Section 9. b. New locations: 1. Mt. Gunnison Pipeline (for alternate diversion of Freshwater Pond No. 1 and Freshwater Pond No. 2): (decreed location, from Decree in Cases No. 06CW131 and 06CW132): the headgate is located in the NW¼ of the SE¼ of the SE¼ of Section 9, Township 13 South, Range 90 West of the 6th Principal Meridian in Gunnison County at a point 903 feet north of the South section line and 823 feet east of the West section line. 2. Northeast Panels Sealed Sump (for alternate storage of Fresh Water Pond No. 1, Fresh Water Pond No. 2, Sedimentation Pond No. 1, Sedimentation Pond No. 2, and Sedimentation Pond No. 3): (decreed location, from Decree in Case No. 97CW243): Beneath most of Section 21, Township 13 South, Range 90 West of the 6th P.M. (underground within the West Elk Mine near Somerset, Colorado). 3. B North Panels Sealed Sump (for alternate storage of Fresh Water Pond No. 1, Fresh Water Pond No. 2, Sedimentation Pond No. 1, Sedimentation Pond No. 2, and Sedimentation Pond No. 3): Beneath the SE¼ SE¼ Section 10, S½ S½ Section 11, W½ W½ Section 13, Section 14, Section 15, and N½ N½ Section 23, Township 13 South, Range 90 West of the 6th P.M. underground within the West Elk Mine, near Somerset, Colorado. 5. Remarks: a. This application seeks no change in use, source, location of use, or other aspect of the subject water rights that would implicate or require analysis of historical use in order to assure non-injury. b. Terms and Conditions: The total volume of water to be diverted and stored, in all decreed points of diversion and storage, will not exceed the volumes decreed to the water rights herein. 4. Application for Change of Water Right: Change of Point of Storage of Northwest Panels Sealed Sump; and Alternate Point of Storage of Northeast Panels Sealed Sump. A. Decreed Water Rights for Which Change is Sought: 1. Name of Structure: Northwest Panels Sealed Sump: a. Date of original and all relevant subsequent decrees: February 14, 2000 (Case No. 97CW243); December 27, 2006 (Case No. 06CW34); District Court in and for Water Division No. 4. b. Legal description of structure as described in most recent decree: 1. Beneath the NE¼ of

Section 19, the N½ of Section 20, the E½ of Section 21, Township 13 South, Range 90 West of the 6th P.M. (underground within the West Elk Mine, near Somerset, Colorado). 2. See attached map, Exhibit A-1. c. Decreed source of water: Nontributary Groundwater from the B east mains Fault Well and the Southeast Panels Fault Well and other nontributary groundwater that may in the future by [sic] developed in the West Elk Mine, that is pumped into the sealed sumps by means of sump pumps located within the Mine. d. Appropriation Date: January 22, 1997. e. Total Amount decreed to structure: 375 acre-feet Conditional; 0 acre-feet Absolute. f. Decreed use or uses: Operations of the West Elk Mine, including industrial; domestic; augmentation as decreed in Case No. 97CW244; mine reclamation, including but not limited to irrigation, and dust suppression; fire fighting; and other mining operation uses. g. Amount of water that Applicant intends to change: 375 acre-feet Conditional; 0 acre-feet Absolute. 2. Name of Structure: Northeast Panels Sealed Sump: a. Date of original and all relevant subsequent decrees: February 14, 2000 (Case No. 97CW243); December 27, 2006 (Case No. 06CW34); District Court in and for Water Division No. 4. b. Legal description of structure as described in most recent decree: 1. Beneath most of Section 21, Township 13 South, Range 90 West of the 6th P.M. (underground within the West Elk Mine near Somerset, Colorado). 2. See attached map, Exhibit A-1. c. Decreed source of water: Nontributary Groundwater from the B East Mains Fault Well and the Southeast Panels Fault Well and other nontributary groundwater that may in the future by [sic] developed in the West Elk Mine, that is pumped into the sealed sumps by means of sump pumps located within the Mine. d. Appropriation Date: January 22, 1997. e. Total Amount decreed to structure: 95.8 acre-feet Absolute; 304.2 acre-feet Conditional. f. Decreed use or uses: Operations of the West Elk Mine, including industrial; domestic; augmentation as decreed in Case No. 97CW244; mine reclamation, including but not limited to irrigation, and dust suppression; fire fighting; and other mining operation uses. g. Amount of water that Applicant intends to change: 95.8 acre-feet Absolute; 304.2 acre-feet Conditional. B. Detailed description of proposed changes: 1. Complete statement of change, including a description of all water rights to be changed, a USGS topographic map showing the approximate location of historical use of the rights and proposed place of use, and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist. In addition, the applicant may submit a report by an engineer that includes this information. Please be aware that early in the proceedings, you will be required to supply detailed information, such as the historical consumptive use on a monthly basis of the water rights you propose to change and an analysis of historical return flow patterns. You are encouraged to provide such information with this application. a. Background: See Paragraph 2.b.a above. b. Changes of Underground Storage Facilities: Applicant no longer diverts water to or stores water in the Northwest Panels Sealed Sump, and instead has developed the B North Panels Sealed Sump to store water previously stored in the Northwest Panels Sealed Sump. Applicant accordingly seeks (1) to store water decreed to the Northwest Panels Sealed Sump in the B North Panels Sealed Sump, and (2) to store water decreed to the Northeast Panels Sealed Sump in the B North Panels Sealed Sump as an alternate point of storage. 2. Accordingly, Applicant seeks the following changes of water right: a. Change of Water Storage Right: Northwest Panels Sealed Sump to B North Panels Sealed Sump. b. Alternate Point of Storage: Northeast Panels Sealed Sump at B North Panels Sealed Sump in addition to its currently decreed point of storage. 3. If applicant is correcting the location of a well in an existing decree where the actual location of the well is more than 200 feet from the decreed location, or drilling a replacement well more than 200 feet from the decreed location, provide legal description of decreed location in Paragraph 2.C above [sic]. Provide actual or new

location of well: N/A. 4. If a change in point of diversion, provide legal descriptions of decreed location and actual or new location of structure. a. Decreed locations: 1. Northwest Panels Sealed Sump: Beneath the NE¼ of Section 19, the N½ of Section 20, the E½ of Section 21, Township 13 South, Range 90 West of the 6th Principal Meridian (underground within the West Elk Mine, near Somerset, Colorado). 2. Northeast Panels Sealed Sump: Beneath most of Section 21, Township 13 South, Range 90 West of the 6th Principal Meridian (underground within the West Elk Mine near Somerset, Colorado). b. New locations: 1. B North Panels Sealed Sump: (a) Beneath the SE¼ SE¼ Section 10, S½ S½ Section 11, W½ W½ Section 13, Section 14, Section 15, and N½ N½ Section 23, Township 13 South, Range 90 West of the 6th Principal Meridian in Gunnison County, underground within the West Elk Mine near Somerset, Colorado. 5. Remarks: a. This application seeks no change in use, source, location of use, or other aspect of the subject water rights that would implicate or require analysis of historical use in order to assure non-injury. b. Terms and Conditions: The total volume of water to be diverted and stored, in all decreed points of diversion and storage, will not exceed the volumes decreed to the water rights herein. 5. Application for Change of Water Right: Change of Point of Diversion of Chipmunk Ditch. A. Decreed Water Rights for Which Change is Sought: 1. Name of Structure: Chipmunk Ditch: a. Date of original and all relevant subsequent decrees: March 20, 1954 (CA 3503), Delta County District Court; January 15, 1962 (CA 5080) Delta County District Court; January 14, 2000 (Case No. 97CW244); District Court in and for Water Division No. 4. b. Legal description of structure as described in most recent decree: 1. (CA3503) The headgate of the Chipmunk Ditch is located at a point on the left bank of Chipmunk Creek (also known as Chipmunk Gulch) at a point whence the SW corner of Section 10, Township 13 South, Range 90 West of the 6th P.M. bears South 86° 15' West 1095 feet distant. 2. (CA 5080) Nine (9) springs feeding the Tony Bear Water Development and Pipeline: (a) Wampun Spring: from whence the section corner common to Sections 15, 16, 21 and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 72° 16’ West 1,630 feet; (b) Yampa Spring: from whence the section corner common to Sections 15, 16, 21 and 22, Township 13 South, Range 90 West of the 6th P.M. bears South 60° 23’ West 698 feet; (c) Brane Spring: from whence the section corner common to Sections 15, 16, 21 and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 8° 29’ East 420 feet; (d) Chief Spring, from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 41° 37' East 1,596 feet; (e) Papoose Spring, from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 61° 40' East 1,733 feet; (f) Chipata Spring, from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 39° 46' East 4,028 feet; (g) Squaw Spring, from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears South 45° 56' East 135 feet; (h) Hogan Spring, from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears South 75° 87' West 200 feet; (i) Wigwam Spring, from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 89° 18' West 270 feet. 3. See attached map, Exhibit A-3. c. Decreed source of water: Chipmunk Gulch, and nine springs (listed above) arising in Chipmunk Gulch, tributary to the North Fork Gunnison River. d. Appropriation Date: June 1, 1937. e. Total Amount decreed to structure: 1.0 c.f.s. Absolute; (0.43 c.f.s at original headgate; 0.57 c.f.s. at 9 springs). f. Decreed use or uses: Domestic, mining, sanitation, fire protection, and garden irrigation, through pipeline installed from ditch. g. Amount of water that Applicant intends to change: 1.0 c.f.s. Absolute. B. Detailed description of

proposed changes: 1. Complete statement of change, including a description of all water rights to be changed, a USGS topographic map showing the approximate location of historical use of the rights and proposed place of use, and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist. In addition, the applicant may submit a report by an engineer that includes this information. Please be aware that early in the proceedings, you will be required to supply detailed information, such as the historical consumptive use on a monthly basis of the water rights you propose to change and an analysis of historical return flow patterns. You are encouraged to provide such information with this application. a. Background: See Paragraph 2.b.a above. b. For some time, Applicant has been diverting its water on the Chipmunk ditch at a point of diversion in Sylvester Gulch (current appellation of Chipmunk Gulch) for use in connection with the West Elk Mine. Applicant seeks a change of water right to adjudicate this point of diversion as an alternate point of diversion (with the 9 springs previously decreed) for the entirety of the 1.0 c.f.s. decreed to the Chipmunk Ditch. 2. If applicant is correcting the location of a well in an existing decree where the actual location of the well is more than 200 feet from the decreed location, or drilling a replacement well more than 200 feet from the decreed location, provide legal description of decreed location in Paragraph 2.C above [sic]. Provide actual or new location of well: N/A. 3. If a change in point of diversion, provide legal descriptions of decreed location and actual or new location of structure. a. Decreed locations: (a) at a point on the left bank of Chipmunk Creek (also known as Chipmunk Gulch) whence the SW corner of Section 10, T. 13 S., R. 90 W., 6th P.M. bears S 86° 15' W. 1095 feet; (b) Wampun Spring: from whence the section corner common to Sections 15, 16, 21 and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 72° 16’ West 1,630 feet; (c) Yampa Spring: from whence the section corner common to Sections 15, 16, 21 and 22, Township 13 South, Range 90 West of the 6th P.M. bears South 60° 23’ West 698 feet; (d) Brane Spring: from whence the section corner common to Sections 15, 16, 21 and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 8° 29’ East 420 feet; (e) Chief Spring: Chief Spring, from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 41° 37' East 1,596 feet; (f) Papoose Spring: from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 61° 40' East 1,733 feet; (g) Chipata Spring: from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 39° 46' East 4,028 feet; (h) Squaw Spring: from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears South 45° 56' East 135 feet; (i) Hogan Spring: from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears South 75° 87' West 200 feet; (j) Wigwam Spring: from whence the section corner common to Sections 15, 16, 21, and 22, Township 13 South, Range 90 West of the 6th P.M. bears North 89° 18' West 270 feet. b. New locations: (a) at a point on Sylvester Gulch in the NE¼ NW¼ NW¼ Section 15, T. 13 S., R. 90 W., 6th P.M., approximately 590 feet from the North section line and 1,290 feet from the West section line; (b) Wampun Spring: described above; (c) Yampa Spring: described above; (d) Brane Spring: described above; (e) Chief Spring: described above; (f) Papoose Spring: described above; (g) Chipata Spring: described above; (h) Squaw Spring: described above; (i) Hogan Spring: described above; (j) Wigwam Spring: described above. 4. Remarks: a. This application seeks no change in use, source, location of use, or other aspect of the subject water right that would implicate or require analysis of historical use in order to assure non-injury. b. Terms and Conditions: The total diversions of water, at all decreed points of diversion,

will not exceed the rate of flow decreed to the water right herein. 6. 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: A. Mountain Coal Company, LLC, P.O. Box 591, 5174 State Highway 133, Somerset, CO 81434 (Fresh Water Pond No. 1; Fresh Water Pond No. 2; Sedimentation Pond No. 1; Sedimentation Pond No. 2; Sedimentation Pond MB5-E; Mt. Gunnison Pipeline; surface above Northeast Panels sealed sump and a portion of the B North Panels Sealed Sump; Chipmunk Ditch); B. United States Forest Service, 740 Simms Street, Lakewood, CO 80401 (Surface above a portion of the B North Panels Sealed Sump). GUNNISON COUNTY. Case Number: 2012CW152 (06CW34, 97CW242, 97CW243,). 1. Name, address, and telephone number of Applicant: Mountain Coal Company, L.L.C., P.O. Box 591, 5174 State Highway 133, Somerset, Colorado 81434; Phone: (970) 929-5015. Mary Mead Hammond and Mason H. Brown, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, Colorado 80203; Phone: (303) 861-9000. 2. Name of Structures: A. Mountain Coal Company Nontributary B East Mains Fault Well; Type: Well. B. Mountain Coal Company Nontributary Southeast Panels Fault Well; Type: Well. C. Northeast Panels Sealed Sump; Type: Underground Reservoir. D. Northwest Panels Sealed Sump; Type: Underground Reservoir. 3. Describe conditional water right (as to each structure) including the following information from previous decree: A. Mountain Coal Company Nontributary B East Mains Fault Well. 1. Date of Original Decree: February 14, 2000. Case No.: 97CW242. Court: District Court in and for Water Division 4. 2. Subsequent Decrees awarding findings of diligence: Date of Decree: December 27, 2006. Case No.: 06CW34. Court: District Court in and for Water Division 4. 3. Legal Description (verbatim from decree in Case No. 97CW242): Water issues from a fault that trends N 60° East. Water was first encountered in the NE ¼ NE ¼ of Section 28, Township 13 South, Range 90 West of the 6th P.M. at a point approximately 600 feet south of the North section line and 800 feet west of the East section line. As mining has progressed along the fault, water has been encountered at other locations. 4. Source of Water: Nontributary ground water located within the B East Mains Fault System of the West Elk Mine. 5. Appropriation Date: January 22, 1997. Amount: 0.50 c.f.s.; 350 acre feet annually, of which 0.27 c.f.s. and 27.9 acre feet is ABSOLUTE, and 0.23 c.f.s. and 322.1 acre feet remains CONDITIONAL. 6. Use: Operations of West Elk Mine, including industrial; domestic; augmentation as decreed in Case No. 97CW244; mine reclamation including but not limited to irrigation and dust suppression; fire fighting; and other mining operation uses. 7. Depth (if well): 1,000 feet (average thickness of overburden above the fault). B. Mountain Coal Company Nontributary Southeast Panels Fault Well. 1. Date of Original Decree: February 14, 2000. Case No.: 97CW242, Court: District Court in and for Water Division 4. 2. Subsequent Decrees awarding findings of diligence: Date of Decree: December 27, 2006, Case No.: 06CW34, Court: District Court in and for Water Division 4. 3. Legal Description (verbatim from decree in Case No. 97CW242): Water issues from a fault that trends N 60° E. Water was first encountered in the NW ¼ of the NE ¼ of Section 27, Township 13 South, Range 90 West of the 6th P.M. at a point approximately 1,200 feet south of the North Section Line and 2,700 feet East of the West Section Line. As mining has progressed along the fault, water has been encountered at other locations. 4. Source of Water: Nontributary ground water from the Southeast Panels Fault System of the West Elk Mine. 5. Appropriation Date: January 22, 1997. Amount: 1.00 c.f.s. and 700 acre feet annually, of which 0.27 c.f.s. and 27.9 acre feet is ABSOLUTE and 0.73 c.f.s. and

672.1 acre feet annually remains CONDITIONAL. 6. Use: Operations of West Elk Mine, including industrial; domestic; augmentation as decreed in Case No. 97CW244; mine reclamation including but not limited to irrigation and dust suppression; fire fighting; and other mining operation uses. 7. Depth (if well): 1,200 feet (average thickness of overburden above the fault). C. Northeast Panels Sealed Sump. 1. Date of Original Decree: February 14, 2000, Case No.: 97CW243, Court: District Court in and for Water Division 4. 2. Subsequent Decrees awarding findings of diligence: Date of Decree: December 27, 2006, Case No.: 06CW34, Court: District Court in and for Water Division 4. 3. Legal Description (verbatim from decree in Case No. 97CW243): Beneath most of Section 21, Township 13 South, Range 90 West of the 6th P.M. (Underground within the West Elk Mine, near Somerset, Colorado). Surface Area of High-Water Line: 150 acres. Maximum Depth of Storage: 120 feet. 4. Source of Water: Nontributary ground water from the B East Mains Fault Well and the Southeast Panels Fault Well and other nontributary ground water that may in the future be developed by the West Elk Mine, that is pumped into the sealed sump by means of sump pumps located within the mine. 5. Appropriation Date: January 22, 1997. Amount: 400 acre feet, of which 95.8 acre feet is ABSOLUTE, and 304.2 acre feet remains CONDITIONAL, at a rate of flow of 5 c.f.s. 6. Use (verbatim from decree in Case No. 97CW243): Water stored in the Northeast Panels Sealed Sump and in the Northwest Sealed Sump will be used to supply water for operations of the West Elk Mine in Gunnison County, Colorado, including use for industrial; domestic; augmentation as decreed in Case No. 97CW244; mine reclamation including but not limited to irrigation and dust suppression; firefighting; and other mine operation uses. 7. Depth (if well): N/A. B. Northwest Panels Sealed Sump. 1. Date of Original Decree: February 14, 2000, Case No.: 97CW243, Court: District Court in and for Water Division 4. 2. Subsequent Decrees awarding findings of diligence: Date of Decree: December 27, 2006, Case No.: 06CW34, Court: District Court in and for Water Division 4. 3. Legal Description (verbatim from decree in Case No. 06CW34): Beneath the NE¼ of Section 19, the N½ of Section 20, the E½ of Section 21, Township 13 South, Range 90 West of the 6th P.M. (Underground within the West Elk Mine, near Somerset, Colorado). Surface Area of High Water Line: 140 acres. Maximum Depth of Storage: 60 feet. 4. Source of Water: Nontributary ground water from the B East Mains Fault Well and the Southeast Panels Fault Well and other nontributary ground water that may in the future be developed by the West Elk Mine, that is pumped into the sealed sump by means of sump pumps located within the mine. 5. Appropriation Date: January 22, 1997. Amount: 375 acre feet CONDITIONAL; rate of flow: 5 c.f.s. 6. Use (verbatim from decree in Case No. 97CW243): Water stored in the Northeast Panels Sealed Sump and in the Northwest Sealed Sump will be used to supply water for operations of the West Elk Mine in Gunnison County, Colorado, including use for industrial; domestic; augmentation as decreed in Case No. 97CW244; mine reclamation including but not limited to irrigation and dust suppression; firefighting; and other mine operation uses. 7. Depth (if well): N/A. 4. Integrated System: The conditional water rights herein are part of an integrated water system comprising all water rights decreed and used for development and operation of the West Elk Mine. Reasonable diligence in the development of one component of the system comprises reasonable diligence in the development of all components. 5. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and the application of water to a beneficial use as conditionally decreed, including expenditures: A. Background. Applicant owns and operates the West Elk Mine (the “Mine”), located south of the North Fork Gunnison River near Somerset, Colorado. The conditional water rights herein were appropriated and has been exercised to provide water for the operation of the Mine facility. A mining and exploration program for the Mine property was begun by

Applicant’s predecessors during the late 1960’s, and continued through the 1970’s. Preliminary permits were issued in 1981. Construction began in 1981 on surface facilities, coal handling facilities, and portals for the Mine. Coal production from the “F” Seam began in 1982. Beginning in 1991, Applicant began development of the “B” Seam, and purchased and installed longwall mining facilities. Longwall mining production of the “B” Seam began in 1992; production from the Mine has increased substantially as a result. In response to increased water demand at the Mine, Applicant has engaged in substantial improvement of its water supply facilities and capabilities. In 2004, Applicant filed its application with the Colorado Division of Minerals and Geology for a permit to mine the “E” Seam reserves in Applicant’s Federal Lease No. C-1362. That Permit, No. PR-10, was approved on July 7, 2006. As coal production has increased, and increases in the future, water demand for the Mine increases as well. B. During the Diligence Period, in November of 2008, Applicant ceased mining operations in the “B” Seam and began mining in the “E” Seam pursuant to PR-10. Since mine operations are a necessary prerequisite to the development of the subject conditional water rights, this mine development and activity constitutes diligence in the development of the subject conditional water rights. C. Also during the Diligence Period, in 2009, Applicant filed an application with the U.S. Bureau of Land Management (“BLM”) and Forest Service to expand its coal leases by 1,721 acres. The lease modifications would result in extending the existing Mine operations approximately 19 months beyond those currently approved; an additional 16-17 months of mining coal on adjacent private lands could also be realized by access gained through the lease modification areas. An Environmental Assessment was prepared analyzing the effects of the Forest Service consenting to the BLM leasing these additional acres, and the lease modifications were initially approved in November of 2011. In February 2012 that decision was reversed. After an Environmental Impact Statement was prepared, the Forest Service again consented, on August 2, 2012 to the BLM modifying the lease. A Notice of Appeal was filed on September 24, 2012; on November 7, 2012, the Forest Service reaffirmed its consent for the lease modifications. The BLM has indicated that it projects approval of the lease modifications by December 31, 2012. Since the Mine operations are a necessary prerequisite to the development of the subject conditional water rights for the Mine operation, Applicant’s efforts to expand its lease areas constitutes diligence in the development of the subject conditional water rights. D. In 1987, as part of its Mine development, the Applicant adjudicated Case No. 86CW38, approving a Plan for Augmentation for certain Mine operations. Applicant is required by the decree in that case to prepare and provide the State Engineer and/or Division Engineer a summary report recomputing the so-called contribution factors for the augmentation plan at certain time intervals. In the spring of 2012, during the Diligence Period, Applicant began analyzing the contribution factors in preparation for submittal to the State and Division Engineer pursuant to the Decree in Case No. 86CW38. Since the subject conditional water rights are part of a unified and integrated water supply system, of which the Augmentation Plan forms a part, the Applicant’s efforts in compliance with the Augmentation Plan constitutes diligence with regard to the subject conditional water rights. E. During the Diligence Period, in 2008 and 2009, Applicant adjudicated Case No. 08CW44, in which the court found reasonable diligence in the development of the conditional decrees for the Snowshoe Dam and Reservoir and Snowshoe Pipeline and continued those water rights in full force and effect. Since the subject conditional water rights are part of a unified and integrated water supply system, of which the Snowshoe water rights form a part, the Applicant’s efforts to develop those water rights constitutes diligence with regard to the subject conditional water rights. F. During the Diligence Period, in 2009 and 2010, Applicant adjudicated Case No. 09CW107, in which the court

found reasonable diligence in the development of the conditional decree for the Fresh Water Pond No. 2, and continued that water right in full force and effect. Since the subject conditional water rights are part of a unified and integrated water supply system, of which the Fresh Water Pond No. 2 forms a part, the Applicant’s efforts to develop that water right constitutes diligence with regard to the subject conditional water rights. G. During the Diligence Period, in April 2009, Applicant filed a Statement of Opposition and participated in Case No. 09CW19, the Application of Baine Angus LLC and 3800 5th ST. LLC in order to protect the vested water rights and decreed conditional water rights that comprise it’s unified and integrated system of supply for the Mine. H. During the Diligence Period, the Applicant successfully challenged the Division Engineer for Water Division No. 4’s listing of the Applicant’s Chipmunk Ditch water right on the Division 4 Abandonment List, by demonstrating that the Chipmunk Ditch water right continues to be utilized for both augmentation and direct use for mining operations. In addition, the Applicant has prepared and is filing concurrently with this application, an application for change of water rights for the Chipmunk Ditch. Since the subject conditional water rights are part of a unified and integrated water supply system, of which Chipmunk Ditch forms a part, the Applicant’s efforts with regard to the Chipmunk Ditch constitute diligence with regard to the subject conditional water rights. I. During the diligence period, in March 2009, Applicant sealed off the (underground) Northwest Panels Sealed Sump and began directing the water to a new underground sump that serves the “E” Seam, rather than the Northwest Panels Sealed Sump, and has prepared and is filing concurrently with this Application, an application for water rights and changes of water rights to address these underground facility changes. Since the subject conditional water rights are part of a unified and integrated water supply system, of which the above structures form a part, the Applicant’s reorganization and construction of underground water facilities constitutes diligence with regard to the subject conditional water rights. J. Further, during the Diligence Period, Applicant constructed and reorganized various surface facilities for water storage and handling at the mine, enlarging a small existing sedimentation pond at the original decreed location of Fresh Water Pond No. 2 to create Sedimentation Pond MB-5E, with a total capacity of 19.59 acre-feet; filling in the pond located at the original decreed location for Sedimentation Pond No. 2 and converting the area to coal storage; and reconfiguring the pond at the decreed location of former Sedimentation Pond No. 1(now known informally as New Fresh Water Pond) so that it may be used as a fresh water pond to store the Fresh Water Pond No. 2 water right while continuing to store 3.68 acre-feet of the Sedimentation Pond No. 1 water right. In 2009 and 2010, the Applicant adjudicated Case No. 09CW108 to effect those changes of water right. The Applicant also constructed two treatment ponds to treat water from its underground sumps, and has obtained a NPDES permit from the Colorado Department of Public Health and Environment for discharges from the treatment ponds. Additionally, in 2012, Applicant built a new coal preparation plant on site. Since the subject conditional water rights are part of a unified and integrated water supply system, of which the above structures form a part, the Applicant’s reorganization and construction of surface water facilities constitutes diligence with regard to the subject conditional water rights. K. Simultaneously with the filing of this Diligence Application, Applicant is filing an Application for a finding of reasonable diligence in the development of the conditional decree for the Mt. Gunnison Pipeline. Since the subject conditional water rights are part of a unified and integrated system, of which the Mt. Gunnison Pipeline water right forms a part, the Applicant’s efforts to develop that water right constitutes diligence with regard to the subject conditional water right. L. Applicant has expended at least $122 Million over the Diligence Period in connection with the above activities (including capital expenditures for further development and extension of its

mining activities). 6. If Claim to Make Absolute: N/A. 7. Names and Addresses 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: United States Forest Service, 740 Simms Street, Lakewood, CO 80401 (a portion of the surface above Northwest Panels sealed sump); Lazy H Ranch, Harris Family Trust 2002, 1938 Highway 133, Paonia, CO 81428, (a portion of the surface above Northwest Panels sealed sump); Mountain Coal Company, LLC, P.O. Box 591, 5174 State Highway 133, Somerset, Colorado 81434 (a portion of the surface above Northwest Panels sealed sump and all of the surface above the Northeast Panels sealed sump). 8. Remarks: N/A. GUNNISON COUNTY. CASE NO. 2012CW153 (REF NO. (06CW131 and 06CW132; 99CW208; 93CW60; 86CW174; 82CW70; W-2982). 1. Name, address, and telephone number of Applicant: Mountain Coal Company, L.L.C., P.O. Box 591, 5174 State Highway 133, Somerset, Colorado 81434, Phone: (970) 929-5015. Mary Mead Hammond and Mason H. Brown, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, Colorado 80203; Phone: (303) 861-9000. 2. Name of Structures: A. Mt. Gunnison Pipeline. Type: Pipeline. 3. Describe conditional water right (as to each structure) including the following information from previous decree: A. Date of Original Decree: June 8, 1978, Case No.: W-2982, Court: District Court in and for Water Division 4. B. Subsequent decrees awarding findings of diligence: 1. Date of Decree: December 27, 2006. Case No.: 06CW131 and 132 (single decree in combined case). Court: District Court in and for Water Division 4. 2. Date of Decree: July 3, 2000. Case No.: 99CW208. Court: District Court in and for Water Division 4. 3. Date of Decree: October, 15 1993. Case No.: 93CW60. Court: District Court in and for Water Division 4. 4. Date of Decree: February, 27 1987. Case No.: 86CW147. Court: District Court in and for Water Division 4. 5. Date of Decree: October 29, 1982. Case No.: 82CW70. Court: District Court in and for Water Division 4. C. Legal Description: The headgate is located in the NW ¼, of the SE ¼ of the SE ¼ of Section 9, Township 13 South, Range 90 West of the 6th P.M. in Gunnison County at a point 903 feet north of the South section line and 823 feet west of the East section line. D. Source: North Fork Gunnison River. E. Appropriation Date: September 10, 1976. Amount: 8.92 c.f.s. (remaining conditional out of a total of 15 c.f.s., for mining, manufacturing, and industrial purposes), 14.12 c.f.s. (remaining conditional out of a total of 15 c.f.s., for domestic and irrigation purposes). F. Use: Mining, manufacturing, industrial, domestic, and irrigation of 46.5 acres. By decree in Case No. 80CW458, the Mt. Gunnison Pipeline water right may be diverted for storage in various ponds on the West Elk Mine site. 4. Integrated System: The conditional water right herein is part of an integrated water system comprising all water rights decreed and used for development and operation of the West Elk Mine. Reasonable diligence in the development of one component of the system comprises reasonable diligence in the development of all components. 5. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and the application of water to a beneficial use as conditionally decreed, including expenditures: A. Background. Applicant owns and operates the West Elk Mine (the “Mine”), located south of the North Fork Gunnison River near Somerset, Colorado. The conditional water right herein was appropriated and has been exercised to provide water for the operation of the Mine facility. A mining and exploration program for the Mine property was begun by Applicant’s predecessors during the late 1960’s, and continued through the 1970’s. Preliminary permits were issued in 1981. Construction began in 1981 on surface facilities, coal handling facilities, and portals for the Mine. Coal production from the “F”

Seam began in 1982. Beginning in 1991, Applicant began development of the “B” Seam, and purchased and installed longwall mining facilities. Longwall mining production of the “B” Seam began in 1992; production from the Mine has increased substantially as a result. In response to increased water demand at the Mine, Applicant has engaged in substantial improvement of its water supply facilities and capabilities. In 2004, Applicant filed its application with the Colorado Division of Minerals and Geology for a permit to mine the “E” Seam reserves in Applicant’s Federal Lease No. C-1362. That Permit, No. PR-10, was approved on July 7, 2006. As coal production has increased, and increases in the future, water demand for the Mine increases as well. B. During the Diligence Period, in November of 2008, Applicant ceased mining operations in the “B” Seam and began mining in the “E” Seam pursuant to PR-10. Since mine operations are a necessary prerequisite to the development of the subject conditional water right, this mine development and activity constitutes diligence in the development of the subject conditional water right. C. Also during the Diligence Period, in 2009, Applicant filed an application with the U.S. Bureau of Land Management (“BLM”) and Forest Service to expand its coal leases by 1,721 acres. The lease modifications would result in extending the existing Mine operations approximately 19 months beyond those currently approved; an additional 16-17 months of mining coal on adjacent private lands could also be realized by access gained through the lease modification areas. An Environmental Assessment was prepared analyzing the effects of the Forest Service consenting to the BLM leasing these additional acres, and the lease modifications were initially approved in November of 2011. In February 2012 that decision was reversed. After an Environmental Impact Statement was prepared, on August 2, 2012, the Forest Service again consented to the BLM modifying the leases. A Notice of Appeal was filed on September 24, 2012; on November 7, 2012, the Forest Service reaffirmed its consent for the lease modifications. The BLM has indicated that it projects approval of the lease modifications by December 31, 2012. Since the Mine operations are a necessary prerequisite to the development of the subject conditional water right for the Mine operation, Applicant’s efforts to expand its lease areas constitutes diligence in the development of the subject conditional water right. D. In 1987, as part of its Mine development, the Applicant adjudicated Case No. 86CW38, approving a Plan for Augmentation for certain Mine operations. Applicant is required by the decree in that case to prepare and provide the State Engineer and/or Division Engineer a summary report recomputing the so-called contribution factors for the augmentation plan at certain time intervals. In the spring of 2012, during the Diligence Period, Applicant began analyzing the contribution factors in preparation for submittal to the State and Division Engineer pursuant to the Decree in Case No. 86CW38. Since the subject conditional water right is part of a unified and integrated water supply system, of which the Augmentation Plan forms a part, the Applicant’s efforts in compliance with the Augmentation Plan constitutes diligence with regard to the subject conditional water right. E. During the Diligence Period, in 2008 and 2009, Applicant adjudicated Case No. 08CW44, in which the court found reasonable diligence in the development of the conditional decrees for the Snowshoe Dam and Reservoir and Snowshoe Pipeline and continued those water rights in full force and effect. Since the subject conditional water right is part of a unified and integrated water supply system, of which the Snowshoe water rights form a part, the Applicant’s efforts to develop those water rights constitutes diligence with regard to the subject conditional water right. F. During the Diligence Period, in 2009 and 2010, Applicant adjudicated Case No. 09CW107, in which the court found reasonable diligence in the development of the conditional decree for the Fresh Water Pond No. 2, and continued that water right in full force and effect. Since the subject conditional water right is part of a unified and integrated water supply system, of

which the Fresh Water Pond No. 2 forms a part, the Applicant’s efforts to develop that water right constitutes diligence with regard to the subject conditional water right. G. During the Diligence Period, in April 2009, Applicant filed a Statement of Opposition and participated in Case No. 09CW19, the Application of Baine Angus LLC and 3800 5th ST. LLC in order to protect the vested water rights and decreed conditional water rights that comprise it’s unified and integrated system of supply for the Mine. H. During the Diligence Period, the Applicant successfully challenged the Division Engineer for Water Division No. 4’s listing of the Applicant’s Chipmunk Ditch water right on the Division 4 Abandonment List, by demonstrating that the Chipmunk Ditch water right continues to be utilized for both augmentation and direct use for mining operations. In addition, the Applicant has prepared and is filing concurrently with this application, an application for change of water rights for the Chipmunk Ditch. Since the subject conditional water right is part of a unified and integrated water supply system, of which Chipmunk Ditch forms a part, the Applicant’s efforts with regard to the Chipmunk Ditch constitute diligence with regard to the subject conditional water right. I. During the diligence period, in March 2009, Applicant sealed off the (underground) Northwest Panels Sealed Sump and began directing the water to a new underground sump that serves the “E” Seam, rather than the Northwest Panels Sealed Sump and has prepared and is filing concurrently with this Application, an application for water rights and changes of water rights to address these underground facility changes. Since the subject conditional water right is part of a unified and integrated water supply system, of which the above structures form a part, the Applicant’s reorganization and construction of underground water facilities constitutes diligence with regard to the subject conditional water right. J. Further, during the Diligence Period, Applicant constructed and reorganized various surface facilities for water storage and handling at the mine: enlarging a small existing sedimentation pond at the original decreed location of Fresh Water Pond No. 2 to create Sedimentation Pond MB-5E, with a total capacity of 19.59 acre-feet; filling in the pond located at the original decreed location for Sedimentation Pond No. 2 and converting the area to coal storage; and reconfiguring the pond at the decreed location of former Sedimentation Pond No. 1(now known informally as New Fresh Water Pond) so that it may be used as a fresh water pond to store the Fresh Water Pond No. 2 water right while continuing to store 3.68 acre-feet of the Sedimentation Pond No. 1 water right. In 2009 and 2010, the Applicant adjudicated Case No. 09CW108 to effect those changes of water right. The Applicant also constructed two treatment ponds to treat water from its underground sumps, and obtained a NPDES permit from the Colorado Department of Public Health and Environment for discharges from the treatment ponds. Additionally, in 2012, Applicant built a new coal preparation plant on site. Since the subject conditional water right is part of a unified and integrated water supply system, of which the above structures form a part, the Applicant’s reorganization and construction of surface water facilities constitutes diligence with regard to the subject conditional water right. K. Simultaneously with the filing of this Diligence Application, Applicant is filing an Application for a finding of reasonable diligence in the development of the conditional decrees for the Mountain Coal Company Nontributary B East Mains Fault Well, the Mountain Coal Company Nontributary Southeast Panels Fault Well, the Northeast Panels Sealed Sump, and the Northwest Panels Sealed Sump. Since the subject conditional water right is part of a unified and integrated system, of which the Mountain Coal Company B East Mains Fault Well, the Mountain Coal Company Southeast Panels Fault Well, the Northeast Panels Sealed Sump, and the Northwest Panels Sealed Sump water right form a part, the Applicant’s efforts to develop those water rights constitutes diligence with regard to the subject conditional water right. L. Applicant has expended at least $122 Million over the Diligence Period in connection with the above activities

(including capital expenditures for development and extension of its mining activities). 6. If Claim to Make Absolute: N/A. 7. Names and Addresses 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: Mountain Coal Company, LLC, P.O. Box 591, 5174 State Highway 133, Somerset, Colorado 81434. 8. Remarks: N/A. GUNNISON COUNTY. CASE NO. 2012CW154, SAN MIGUEL COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name, Address and Telephone Number of Applicant: DOUBLE JG, LLLP, c/o Double JG Management Company, LLC, General Partner, 6847 Cintas Blvd, Suite 120, Mason, OH 45040 (513) 459-1085. Attorneys: Raymond L. Petros, Jr., Thomas W. Korver, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, (303) 825-1980. 2. Name of Structures: a. Blackbird Spring and Pipeline. Type: Direct Flow. b. Hethea’s Pond. Type: Storage. 3. Description of Conditional Water Rights: a. Date of original decree: January 7, 2000, Case No. 98CW190, District Court, Water Division No. 4 (the “Water Court”). A subsequent decree confirming the exercise of reasonable diligence was entered by the Water Court in Case No. 06CW14 on December 27, 2006. b. Blackbird Spring and Pipeline. 1) Location: The spring is located 400 feet from the west section line and 2000 feet from the south section line in section 29, Township 45 North, Range 10 West of the N.M.P.M. in the NWNWSW of section 29. 2) Source: Naturally occurring spring tributary to the San Miguel River. 3) Date of Initiation of Appropriation: September 30, 1998. 4) Conditional Amount: 20 g.p.m. (0.044 c.f.s.). 5) Conditional Uses: Piscatorial, recreation, wildlife, and firefighting. 6) Remarks: In Case No. 06CW14, 10 g.p.m. (0.022 c.f.s.) of the 30 g.p.m. (0.066 c.f.s.) Blackbird Spring and Pipeline water right was made absolute for all decreed purposes. c. Hethea’s Pond. 1) Location: The middle of the dam of Hethea’s Pond is located 800 feet from the west section line and 2500 feet from the south section line in section 29, Township 45 North, Range 10 West of the N.M.P.M. in the NENWSW of section 29. 2) Source: Blackbird Spring and Pipeline. 3) Date of Initiation of Appropriation: July 1, 1998. 4) Conditional Amount: 1.10 acre-feet. 5) Conditional Use: Augmentation. 6) Remarks: In Case No. 06CW14, 0.26 acre-feet of the 1.10 acre-feet Hethea’s Pond water right was made absolute for piscatorial, recreation, wildlife and firefighting purposes. In that case, Applicant’s predecessor in interest consented to the termination of the remaining 0.84 acre-feet of the Hethea’s Pond conditional water right for piscatorial, recreation, wildlife and firefighting uses. In Case No. 07CW2, 0.84 acre-feet of the 1.10 acre-feet conditional water right for augmentation use was changed for storage in Applicant’s Big Pond structure for augmentation use, with 0.26 acre-feet of storage in Hethea’s Pond remaining conditional for augmentation use. 4. Detailed Outline of Work Done to Complete Project and Apply Water to Beneficial Use: During the diligence period, Applicant, and Applicant’s predecessor in interest (collectively “Applicant” herein), has invested considerable resources toward perfecting its conditional water rights. The integrated water rights and related features on Applicant’s property have historically been used to support ranching, piscatorial and recreational uses, and to supply domestic needs on Applicant’s approximately 500 acre ranch. Applicant has conducted improvements and maintenance toward utilizing the full amount and uses of the subject water rights in order to maximize agricultural and recreational opportunities on Applicant’s ranch. Specific activities that demonstrate diligence toward the application of water to the decreed beneficial uses include the following: A. Applicant has conducted regular maintenance and monitoring of the subject structures and water rights in order to ensure the viability of Applicant’s ranching operations, and for piscatorial,

wildlife and recreational purposes. B. Applicant prosecuted an application in Case No. 07CW2 to change 0.84 acre-feet of the conditional water right to be stored for augmentation use in Hethea’s Pond to storage in Applicant’s Big Pond structure for said use, and obtained a decree amending Applicant’s augmentation plan previously decreed in Case No. 98CW190 to allow for augmentation releases from Big Pond. Applicant’s costs in prosecuting said application were approximately $7.900.00. C. In 2008 and 2011, Applicant made repairs and improvements to the Big Pond dam at a cost of approximately $5,580.00 in order to stabilize the structure and ensure that the water rights stored therein could be securely contained. A portion of the Hethea’s Pond conditional water right decreed for augmentation purposes is stored in Big Pond pursuant to the decree in Case No. 07CW2. D. Applicant is investigating mechanisms to maximize the firm yield of its water rights, including the subject water rights, for further use in supporting the ranching operations and other beneficial uses on Applicant’s property. E. Applicant has invested considerable effort toward perfecting its conditional water rights as a part of the integrated structures on Applicant’s ranch. Other than the examples listed above, Applicant does not have exact estimates of the amounts it has expended during the diligence period in connection with maintaining its water rights as the majority of Applicant’s expenses in this regard were performed by the caretaker of Applicant’s ranch as part of his regular duties. F. Applicant continues to rely on the subject water rights and has no intention to abandon them. 5. Ownership: The structures described in paragraphs 2-3 above and the land upon which they are located are owned by the Applicant. A map depicting the location of said structures and the approximate boundaries of Applicant’s property where the subject water rights are used is attached as Exhibit A. WHEREFORE, Applicant respectfully requests that this Court enter a decree finding that Applicant has exercised reasonable diligence toward making the remaining amounts and uses of the conditional water rights described in paragraphs 2-3 above absolute, and for such other relief as the Court deems just and proper. SAN MIGUEL COUNTY. CASE NO. 2012CW155, GUNNISON COUNTY; Wayne Meredith and Ina Kristine Kapushion; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; APPLICATION FOR

WATER CHANGE; Name, address, and telephone number of Applicants: Wayne Meredith and Ina Kristine Kapushion, P.O. Box 343, Crested Butte, CO 81224, (970) 209-2706; Request for alternate point of diversion and for change in place of use: Kapushion Ditch, Alternate Point No. 1; Decreed water right for which change is sought: Kapushion Ditch; Date of original and all relevant subsequent decrees: CA5289 on June 20, 1957; Legal description: NE/4 NE/4 of Section 3, Township 14 South, Range 86 West, Sixth P.M., 623 feet from the north section line and 1,138 feet from the east section line; Source: Coal Creek, tributary to Slate Creek; Date of appropriation: July 23, 1952; Total amount decreed to structure: 1.0 cfs; Decreed uses: irrigation; Amount of water to be changed: 1.0 cfs; Detailed description of change: Applicants’ water right in the Kapushion Ditch was decreed for 1.0 c.f.s. for irrigation use in Case No. CA5289. Applicants have historically used that right to irrigate up to 10.9 acres of pasture grass. In recent years, however, Applicants have developed a portion of their property and have removed from irrigation 9.13 acres of that historically irrigated 10.9 acres, leaving 1.77 acres still in use. The dry-up of those 9.13 acres yields 8.53 a.f. of historical consumptive use credits annually. Applicants seek to apply a portion of the 8.53 a.f. of dry-up credits attributable to the 9.13 acres removed from irrigation towards a new place of use consisting of a 1.59 acre field. The irrigation of that 1.59 acre field will result in an annual consumptive use of 4.74 a.f. With regard to the dry-up credits quantified in this

case but not dedicated to Applicant’s new place of use, Applicant reserves the right to enter into an agreement with the Colorado Water Conservation Board (“CWCB”) to permit the use of such excess water for instream flow purposes to preserve and/or improve the environment to a reasonable degree pursuant to CWCB's existing instream flow on Coal Creek, decreed in Case No. 4-80CW102 for 2 c.f.s. Such use may be made pursuant to this case or a subsequent case, if necessary. Additionally, because of the development of Applicants’ property, the original location of the point of diversion for the Kapushion Ditch is no longer conveniently located for the delivery of irrigation water to the 3.36 acres described above. Accordingly, Applicants request an alternate point of diversion for the Kapushion Ditch, which will consist of a near-surface structure constructed to a depth of less than 10 feet and located within 10 feet of Coal Creek; Legal description of alternate point of diversion: The Kapushion Ditch, Alternate Point No. 1 will be located in the SE/4 SE/4 of Section 34, Township 13 South, Range 86 West, 6th P.M., 301 feet from the east section line and 440 feet from the south section line; Legal description of new place of use: 1.59 acres located adjacent to the remaining 1.77 acres of historically irrigated land, is located in the SE/4 SE/4 of Section 34, Township 13 South, Range 86 West, 6th P.M. GUNNISON COUNTY. CASE NO. 2012CW156. - Applicant: Quartz Creek Land Company, Attn: David H. Tippit, 250 Arapahoe, Suite 305, Boulder, Colorado 80302. Attorneys for Applicant: Peter D. Nichols, Esq., Leah K. Martinsson, Esq., Berg Hill Greenleaf & Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302, Phone (303) 402-1600, pdn@bhgrlaw.com; lkm@bhgrlaw.com. Application For Conditional Water Rights, Plan For Augmentation, And Appropriative Right Of Exchange, On Quartz Creek, Tributary To Tomichi Creek, Tributary To The Gunnison River, In Gunnison County. First Claim: Water Right. 2. Name of structure: Quartz Creek Ranch Habitat Project 3. Legal description of point of diversion: The point of diversion is located in the southeast quarter of the northwest quarter of Section 26, Township 50 North, Range 3 East, NMPM, at a point approximately 2,113 feet south of the north line of Section 26 and 2,359 feet east of the west line of Section 26. See map, Exhibit 1. Note, for clarity, Exhibit 1’s base is an aerial photograph because the USGS topographic map contains a number of inaccuracies that make it impossible to accurately depict existing and proposed structures. Note also that the legal descriptions herein are based on GPS locations, UTM Zone 13, NAD 83; bearings were obtained from PLSS data source Colorado Division of Water Resources’ AquaMap. See Exhibit 2. 4. Source: Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River. A. Possible additional/alternate source: groundwater tributary to Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River, exposed by construction of Quartz Creek Ranch Habitat Project channel and ponds. If the Project exposes tributary groundwater the Applicant will either obtain a well permit(s) or line the structure(s) to prevent infiltration of groundwater. 5. Appropriation: A. Date of initial appropriation: December 28, 2012. B. How appropriation was initiated: formulation of intent to apply water to beneficial use and filing of this Application. 6. Amount claimed: 3.75 cfs conditional. 7. Uses or proposed uses: piscatorial, wildlife habitat, recreation, and aquifer recharge. A. Purpose: habitat enhancement through construction of secondary stream channel and two ponds. See map, Exhibit 1. B. Total number of acres proposed to be irrigated: none. 8. The land owner upon which this structure is located: Applicant. Second Claim: Off-Channel Storage Rights. 9. Name of structures: Quartz Creek Ranch Habitat Project Pond Nos. 1 and 2. 10. Legal description of location of dam centerlines: A. Pond No. 1: Pond No. 1 has a dam centerline located in the southeast quarter of the northeast quarter of Section 27, Township 50 North, Range 3 East, NMPM, at a point

approximately 1,799 feet south of the north line of Section 27 and 5,162 feet east of the west line of Section 27. B. Pond No. 2: Pond No. 2 has a dam centerline located in the southwest quarter of the northwest quarter of Section 26, Township 50 North, Range 3 East, NMPM, at a point located approximately 1,716 feet south of the north line of Section 26 and 700 feet east of the west line of Section 26. See map, Exhibit 1. 11. Source: Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River. A. Possible additional/alternate source: groundwater tributary to Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River, exposed by construction of Quartz Creek Ranch Habitat Project channel and ponds. If the Project exposes tributary groundwater the Applicant will either obtain a well permit(s) or line the structure(s) to prevent infiltration of groundwater. 12. A. Date of initial appropriation: December 28, 2012. B. How appropriation was initiated: formulation of intent to apply water to beneficial use and filing of this Application. 13. Amount claimed: A. Pond No. 1: 45.1 acre-feet conditional. B. Pond No. 2: 2.5 acre-feet conditional. 14. How filled: 3.75 cfs delivered from Quartz Creek Ranch Habitat Project. 15. Uses or proposed uses: piscatorial, wildlife habitat, recreation, and aquifer recharge. A. Purpose: habitat enhancement through construction of secondary stream channel and two ponds. See map, Exhibit 1. B. Total number of acres proposed to be irrigated: none. 16. Description of ponds: A. Approximate surface area of high water line: 1. Pond No. 1: 3.6 acres; 2. Pond No. 2: 0.6 acres. B. Approximate vertical height of dams: 1. Pond No. 1: 8 feet; 2. Pond No. 2:6 feet. C. Approximate length of dams: 1. Pond No. 1: 1,000 feet; 2. Pond No. 2: 400 feet. D. Approximate capacities of ponds: 1. Pond No. 1: 45.1 acre-feet; a. Active capacity: 25.5 acre-feet; b. Dead storage: 19.6 acre-feet. 2. Pond No. 2:2.5 acre-feet, a. Active capacity: 2.5 acre-feet; b. Dead storage: 0 acre-feet. 17. The land owner upon which structures are to be located: Applicant. Third Claim: New Augmentation Uses. 18. Names and descriptions of structures: A. Quartz Creek Land Company Reservoir No. 1, 1. Date of original decree: Case No. 88CW19 (Div. 4), 21 Sept. 1988; 2. Type of water right: storage; 3. Legal description: a. Decreed location: The dam outlet is decreed at a location in the southwest quarter of the northeast quarter of Section 26, Township 50 North, Range 3 East, NMPM, at a point approximately 2,006 feet south of the north line of Section 26 and 2,825 feet east of the west line of Section 26. b. 2012 Field verified: The dam centerline is located in the southwest quarter of the northeast quarter of Section 26, Township 50 North, Range 3 East, NMPM, at a point approximately 2,059 feet south of the north line of Section 26 and 2,863 east of the west line of Section 26. 4. Source: Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River. 5. Decreed uses: recreation, fish propagation, and maintenance of reservoir for aquatic habitat. 6. Date of appropriation for claimed augmentation use: a. December 28, 2012; b. How appropriation was initiated: formulation of intent to apply water to beneficial use and filing of this Application. 7. Amount and use claimed: 8.4 acre-feet conditional for augmentation of Quartz Creek Ranch Habitat Project. B. Quartz Creek Land Company Reservoir No. 2: 1. Date of original decree: Case No. 88CW19 (Div. 4), 21 Sept. 1988; 2. Type of water right: storage; 3. Legal description: a. Decreed location: The dam outlet is decreed at a location in the southeast quarter of the northwest quarter of Section 26, Township 50 North, Range 3 East, NMPM, at a point approximately 2,151feet south of the north line of Section 26 and 1,919 feet east of the west line of Section 26; b. 2012 Field verified: The dam centerline is located in the southeast quarter of the northwest quarter of Section 26, Township 50 North, Range 3 East, NMPM, at a point approximately 2,161 feet south of the north line of Section 26 and 1,900 east of the west line of Section 26. 4. Source: Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River. 5. Decreed uses: recreation, fish propagation, and maintenance of reservoir for aquatic habitat. 6. Date of appropriation for claimed augmentation use: a.

December 28, 2012; b. How appropriation was initiated: formulation of intent to apply water to beneficial use and filing of this Application. 7. Amount and use claimed: 1.333 acre-feet conditional for augmentation of Quartz Creek Ranch Habitat Project. C. Quartz Creek Land Company Reservoir No. 3. 1. Date of original decree: Case No. 88CW19 (Div. 4), 21 Sept. 1988. 2. Type of water right: storage. 3. Legal description: a. Decreed location: The dam outlet is decreed at a location in the southeast quarter of the northeast quarter of Section 27, Township 50 North, Range 3 East, NMPM, at a point approximately 2,011feet south of the north line of Section 27 and 4,252 feet east of the west line of Section 27; b. 2012 Field verified: The dam centerline is located in the southeast quarter of the northeast quarter of Section 27, Township 50 North, Range 3 East, NMPM, at a point approximately 1,838 feet south of the north line of Section 27 and 4,397 feet east of the west line of Section 27. 4. Source: Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River. 5. Decreed uses: recreation, fish propagation, and maintenance of reservoir for aquatic habitat. 6. Date of appropriation for claimed augmentation use: a. December 28, 2012; b. How appropriation was initiated: formulation of intent to apply water to beneficial use and filing of this Application. 7. Amount and use claimed: 6 acre-feet conditional for augmentation of Quartz Creek Ranch Habitat Project. D. Quartz Creek Land Company Reservoir No. 4. 1. Date of original decree: Case No. 88CW19 (Div. 4), 21 Sept. 1988; 2. Type of water right: storage; 3. Legal description: a. Decreed location: The dam outlet is decreed at a location in the southeast quarter of the northwest quarter of Section 26, Township 50 North, Range 3 East, NMPM, at a point approximately 2,242 feet south of the north line of Section 26 and 2,286 feet east of the west line of Section 26; b. 2012 Field verified: The dam centerline is located in the southeast quarter of the northwest quarter of Section 26, Township 50 North, Range 3 East, NMPM, at a point approximately 2,234 feet south of the north line of Section 26 and 2,323 east of the west line of Section 26. 4. Source: Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River. 5. Decreed uses: recreation, fish propagation, and maintenance of reservoir for aquatic habitat. 6. Date of appropriation for augmentation use: a. December 28, 2012; b. How appropriation was initiated: formulation of intent to apply water to beneficial use and filing of this Application. 7. Amount and use claimed: 7.5 acre-feet conditional for augmentation of Quartz Creek Ranch Habitat Project. Fourth Claim: Plan for Augmentation. 19. Name of structures to be augmented: A. Quartz Creek Ranch Habitat Project and Pond Nos. 1 and 2. B. Descriptions of structures to be augmented: see above. 20. Water rights to be used for augmentation: A. Quartz Creek Land Company Reservoir No. 1. 1. Date of original decree: Case No. 88CW19 (Div. 4), 21 Sept. 1988; 2. Type of water right: storage. 3. Legal description: see above. 4. Source: Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River. 5. Appropriation date: December 28, 2012. 6. Amount: 8.4 acre-feet. 7. Use: augmentation of Quartz Creek Ranch Habitat Project. B. Quartz Creek Land Company Reservoir No. 2. 1. Date of original decree: Case No. 88CW19 (Div. 4), 21 Sept. 1988. 2. Type of water right: storage. 3. Legal description: see above. 4. Source: Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River. 5. Appropriation date: December 28, 2012. 6. Amount: 1.333 acre-feet. 7. Use: augmentation of Quartz Creek Ranch Habitat Project. C. Quartz Creek Land Company Reservoir No. 3. 1. Date of original decree: Case No. 88CW19 (Div. 4), 21 Sept. 1988. 2. Type of water right: storage. 3. Legal description: see above. 4. Source: Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River. 5. Appropriation date: December 28, 2012. 6. Amount: 6 acre-feet. 7. Use: augmentation of Quartz Creek Ranch Habitat Project. D. Quartz Creek Land Company Reservoir No. 4. 1. Date of original decree: Case No. 88CW19 (Div. 4), 21 Sept. 1988. 2. Type of water right: storage. 3. Legal description: see above. 4. Source:

Quartz Creek, tributary to Tomichi Creek, tributary to Gunnison River. 5. Appropriation date: December 28, 2012. 6. Amount: 7.5 acre-feet. 7. Use: augmentation of Quartz Creek Ranch Habitat Project. 21. Statement of plan for augmentation: The plan for augmentation is designed to provide a continuous water supply to the Quartz Creek Ranch Habitat Project during times when the Project’s water rights would be out of priority by directly releasing water from Quartz Creek Land Company Reservoir Nos. 1 and 4 to the Project, by releasing augmentation water from Quartz Creek Land Co. Reservoir Nos. 1 through 4 to Quartz Creek to replace out of priority depletions, or by exchanging augmentation water from Quartz Creek Land Co. Reservoir Nos. 2 through 4 to the Project. 22. The land owner upon which structures are located: Applicant. Fifth Claim: Appropriative Right of Exchange. 23. Name of exchange: Quartz Creek Ranch Habitat Project Exchange. 24. Description: The appropriative right of exchange will operate on Quartz Creek. A. Upstream termini of the exchange: the diversion point for Quartz Creek Ranch Habitat Project (see above) on Quartz Creek; B. Downstream termini of the exchange: the outflow from Quartz Creek Land Co. Reservoir No. 3 (see above) to Quartz Creek. 25. Manner of operation of the exchange: The exchange will be operated at times when the flows in Quartz Creek are sufficient for the proposed exchange and all other lawful requirements for the exchange are satisfied. 26. Sources of water and structures involved in the exchange, as shown on Exhibit 1: Quartz Creek Land Co. Reservoir Nos. 2, 3 and 4. 27. Date of appropriation: A. December 28, 2012; B. How appropriation was initiated: formulation of intent to apply water to beneficial use and filing of this Application. 28. Amount claimed: 14.833 acre-feet, conditional. 29. Rate claimed: 3.75 cfs, conditional and instantaneous maximum. 30. Uses: Substitution and exchange. 31. Operation of exchange: Applicant will operate the exchange by diverting water into the Quartz Creek Ranch Habitat Project at the same rate as water is delivered to Quartz Creek from Quartz Creek Land Co. Reservoirs Nos. 2, 3 and 4. GUNNISON COUNTY. CASE NO. 2012CW157. APPLICATION FOR ABSOLUTE WATER STORAGE RIGHTS; Dallas Divide Ranch of Colorado, LLC, c/o Andrew A. Mueller, TLF, P.C., 645 Second Street, Ouray, CO, 81427-0646, Email: office@tlfirm.com; Phone: 970.325.4414; Name of Reservoir: Trigaux Pond No. 1; Legal description of location of dam centerlineName, mailing address, email address, and home telephone number of applicant: . Attach legal description if necessary. SE1/4 of the SE1/4, Section 26, Township 45 North, Range 10 West, N.M.P.M., Ouray County, State of Colorado; Distance from section lines: 825 Feet north of the South Section line 550 Feet west of the East Section line; Source of PLSS information: Survey performed by Del-Mont Consultants, Inc. dated February 2, 2007; Street Address: 2352 County Road 62, Ridgway, CO 81432; Source: Surface run off from Beach Canyon which is tributary to the Uncompahgre River; If filled from a ditch: N/A; A. Date of appropriation: September 10, 1990; B. How appropriation was initiated: Dam was constructed and Application for Livestock Water Tank pursuant to CRS 35-49-101 was filed with the Division of Water Resources; C. Date water applied to beneficial use: September 10, 1990; Amount claimed: A. In acre feet; Absolute 9.4 (acre feet); B. If filled from a ditch, rate of diversion in cfs N/A; Use or Proposed Use: Stock water, wildlife watering; A. If irrigation, complete the following: N/A; B. If non-irrigation, describe purpose fully. Place of use is location of Pond as described above and as shown on Exhibit A, 2007 Boundary Survey Map. Surface area of high water line: 2.68 Acres; A. Vertical height of dam in feet measured vertically from the elevation of the lowest point of the natural surface of the ground where that point occurs along the longitudinal centerline of the dam up to the crest of the emergency spillway of the dam: 6 feet; B. Length of dam in

feet: 390 feet; Total capacity of reservoir in acre feet: 9.4 acre feet; Active capacity: 0; Dead storage: 9.4 acre feet. Name of Reservoir: Trigaux Pond No. 2; Legal description of location of dam centerline. Attach legal description if necessary. SW/14 of the NW1/4 of the NW1/4 of Section 25, Township 45 North, Range 10 West, N.M.P.M., Ouray County, State of Colorado; Distance from section lines: 667 Feet south of the North Section line 330 Feet east of the west Section line; Source of PLSS information: Survey performed by Del-Mont Consultants, Inc. dated February 2, 2007; Street Address: 2352 County Road 62, Ridgway, CO 81432; Source: Surface run off from Beach Canyon which is tributary to the Uncompahgre River; If filled from a ditch: N/A; A. Date of appropriation: October 17, 1990; B. How appropriation was initiated: Dam was constructed and Application for Livestock Water Tank pursuant to CRS 35-49-101 was filed with the Division of Water Resources; C. Date water applied to beneficial use: October 17, 1990; Amount claimed: A. In acre feet; Absolute 18.6 (acre feet); B. If filled from a ditch, rate of diversion in cfs N/A; Use or Proposed Use: Stock water, wildlife watering; A. If irrigation, complete the following: N/A; If non-irrigation, describe purpose fully. Place of use is location of Pond as described above and as shown on Exhibit A, 2007 Boundary Survey Map; Surface area of high water line: 6.2 Acres; A. Vertical height of dam in feet measured vertically from the elevation of the lowest point of the natural surface of the ground where that point occurs along the longitudinal centerline of the dam up to the crest of the emergency spillway of the dam: 9 feet; B. Length of dam in feet: 300 feet; Total capacity of reservoir in acre feet: 18.6 acre feet; Active capacity: 0; Dead storage: 18.6 acre feet. All structures are located on Applicant’s property. Remarks or any other pertinent information: These ponds were constructed prior to the fall of 1990 and Applicant’s predecessor in title filed Applications for Livestock Water Tanks for both ponds. Applicant believes that the original Livestock Water Tank Applications understated the size of the ponds which were in existence in 1990, based upon review of available historic data and site examination, it appears that the ponds have not been enlarged since originally constructed. Applicant files these applications in order to obtain a decreed water right for the identified beneficial purposes. OURAY COUNTY.

CASE NO. 2012CW158. Applicant: United States of America. Application for Surface Water Rights. 1. Name, address, telephone number of applicant: United States of America, Department of the Interior Bureau of Land Management, Gunnison Field Office c/o Kristen C. Guerriero, #32663, Special Assistant U.S. Attorney, Office of the Regional, Solicitor, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215, Phone:(303) 231-5353, x552, Facsimile: (303) 231-5363 2. Name of structures: Bailey Springs, Trailing Coyote Spring, Palomino Spring, Thomas AMP Spring, Pole Gulch Spring #2 3. Legal description of each point of diversion: All UTM data are from Zone 13 and use the NAD83 (Conus) Datum. Bailey Springs: Located on public lands in the NE/4 SE/4 (Lot 16), Section 1 (irregular section), T48N R2W, N.M.P.M., approximately 3525 feet north of the south section line and 1125 feet west of the east section line. 321477mE 4257224Mn Trailing Coyote Spring: Located on public lands in the SE/4 SW/4 (Lot 10), Section 9 (irregular section), T47N R3E, N.M.P.M., approximately 600 feet north of the south section line and 1550 feet east of the west section line. 355979mE 4245327mN Palomino Spring: Located on public lands in the SW/4 SE/4, Section 4, T47N R3E, N.M.P.M., approximately 800 feet north of the south section line and 1700 feet west of the east section line. 356620mE 4246885mN Thomas AMP Spring: Located on public lands in the SW/4 SE/4 (Lot 6), Section 12 (irregular section), T46N R4W, N.M.P.M., approximately 675 feet north of the south section line and 2075 feet west of the east section line. 301127mE 4235586mN Pole Gulch Spring #2: Located on public lands in

the NW/4 NW/4 (Lot 1), Section 18 (irregular section), T48N R1W, N.M.P.M., approximately 245 feet south of the north section line and 509 feet east of the west section line. 324056mE 4254799mN 4. Sources: Bailey Springs: Unnamed tributary to Pole Creek/Willow Creek/Gunnison River Trailing Coyote Spring: Unnamed tributary to Razor Creek/Tomichi Creek/Gunnison River Palomino Spring: Unnamed tributary to Razor Creek/Tomichi Creek/Gunnison River Thomas AMP Spring: Unnamed tributary to Gunnison River Pole Gulch Spring #2: Unnamed tributary to Pole Creek/Willow Creek/Gunnison River 5. A. Date of appropriation: Bailey Springs: 06/28/1934 Trailing Coyote Spring: 06/28/1934 Palomino Spring: 06/28/1934 Thomas AMP Spring: 06/22/2011 Pole Gulch Spring #2: 06/28/1934 B. How appropriation was initiated: BLM authorized use of these grazing allotments and their associated water sources by grazing permittees. Subsequently, BLM also inventoried the quantity of water available for wildlife. C. Date water applied to beneficial use: same as date of appropriation 6. Amount claimed: Bailey Springs: 0.0066 cfs, absolute Trailing Coyote Spring: 0.033 cfs, absolute Palomino Spring: 0.018 cfs, absolute Thomas AMP Spring: 0.0022 cfs, absolute Pole Gulch Spring #2: 0.0066 cfs, absolute 7. Use: Bailey Springs: livestock and wildlife Trailing Coyote Spring: livestock and wildlife Palomino Spring: livestock and wildlife Thomas AMP Spring: wildlife Pole Gulch Spring #2: livestock and wildlife. The springs provide water, forage and cover for elk, mule deer, bear, raptors, and small mammals. The springs also provide water for livestock as follows: Bailey Springs and Pole Gulch Spring #2: The springs provide water for a herd of up to 1262 cattle on the Iola Grazing Allotment. Trailing Coyote Spring and Palomino Spring: The springs provide water for a herd of up to 200 cattle on the Vouga Reservoir Grazing Allotment. 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States Department of the Interior, Bureau of Land Management, Gunnison Field Office, 650 South 11th St., Gunnison, CO 81230. GUNNISON AND SAGUACHE COUNTIES. CASE NO. 2012CW159. Applicant: United States of America. Application for Surface Water Rights. 1. Name, address, telephone number of applicant: United States of America, Department of the Interior, Bureau of Land Management, Grand Junction Field Office, c/o Kristen C. Guerriero, Special Assistant United States Attorney, Office of the Solicitor, Department of the Interior, Rocky Mountain Region, 755 Parfet St., Suite 151, Lakewood, CO 80215, Telephone (303) 231-5353, extension 551. 2. Name of structures: Antler Spring, Gone Maiden Spring 3. Legal description of each point of diversion: Antler Spring - Located on public lands in the NE/4 SE/4, Section 20, T12S R100W, Sixth P.M., approximately 1875 feet north of the south section line and 275 feet west of the east section line. 709261mE, 4318863mN, NAD 83, Zone 12 Gone Maiden Spring - Located on public lands in the NE/4 SE/4, Section 20, T12S R100W, Sixth P.M., approximately 1400 feet north of the south section line and 600 feet west of the east section line. 709168mE, 4318712mN, NAD 83, Zone 12 4. Source: Unnamed tributary to Billings Canyon/Gunnison River 5. A. Date of appropriation: 12/31/2012 B. How appropriation was initiated: BLM personnel inventoried the quality and quantity of water available for livestock and wildlife management purposes and provided public notice of the appropriation via a water court application. C. Date water applied to beneficial use: 12/31/2012 6. Amount claimed: 0.0006 cfs each, absolute 7. Uses: Livestock and wildlife. The springs provide water for a herd of up to 350 cattle in the Bangs Canyon 06116 Grazing Allotment. In addition, the springs provide water for elk, deer, small mammals, and birds. 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United States

Department of the Interior, Bureau of Land Management, Grand Junction Field Office, 2815 H Road, Grand Junction, CO 81506. MESA COUNTY.

CASE NO. 2012CW160. GUNNISON COUNTY - Tributaries to the Gunnison River; Susan K. Piloni, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; APPLICATION FOR SURFACE RIGHTS; Name and contact information of Applicant: Susan K. Piloni, 1791 C.R. 721, Gunnison, CO 81230, (970) 641-6898; Request for surface rights: Fulton Spring No. 1; Legal description of point of diversion: NW/4 SE/4 of Section 30, Township 49 North, Range 4 West, N.M.P.M., at a point 2,417 feet from the east section line and 2,459 feet from the south section line; Source: Surface water tributary to the Gunnison River; Date of appropriation: September 1, 1977; How appropriation was initiated: By planning construction of pipeline connecting Fulton Spring No. 1 to Applicant’s cabin; Date water applied to beneficial use: October 1, 1977; Amount claimed: 15 gallons per minute; Use or proposed use: Domestic, irrigation, livestock watering; Regarding irrigation: 11 acres located on Applicant’s property; Regarding other uses: For domestic use inside Applicant’s cabin, as well as livestock watering for up to 50 head of livestock; Name and address of owner of land on which structure is located: Alice and Robert Fulton, 2301 County Road 721, Gunnison, CO 81230; Request for surface rights: Blue Mesa Spring No. 1; Legal description of point of diversion: NE/4 SE/4 of Section 30, Township 49 North, Range 4 West, N.M.P.M., at a point 198 feet from the east section line and 1,645 feet from the south section line; Source: Surface water tributary to the Gunnison River; Date of appropriation: September 1, 1977; How appropriation was initiated: By planning construction of pipeline connecting Fulton Spring No. 1 to Applicant’s cabin; Date water applied to beneficial use: October 1, 1977; Amount claimed: 15 gallons per minute; Use or proposed use: Domestic, irrigation, livestock watering; Regarding irrigation: 11 acres located on Applicant’s property; Regarding other uses: For domestic use inside Applicant’s cabin, as well as livestock watering for up to 50 head of livestock; Name and address of owner of land on which structure is located: Alice and Robert Fulton, 2301 County Road 721, Gunnison, CO 81230. (5 pages). GUNNISON COUNTY. CASE NO. 2012CW161. DELTA COUNTY 1. Applicant: Kim Lechleiter, 57011 Ida Road, Montrose CO 81403, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR SURFACE WATER RIGHTS. 2. Name of Structure: Lechleiter / Lay Collection System and Ditch 3. Date of Appropriation: July 31, 2012. 4. Legal Description of Decreed point of diversion: NW1/4SW1/4NE1/4, Section 16, Township 49 North, Range 10 West, N.M.P.M., approximately 2073 feet south of the north section line and 2464 feet west of the east section line. UTM coordinates Northing 4266993 Easting 238922, Zone 13; 5. Amount: 2.7 cfs absolute. 6. Use: Supplemental Irrigation of 108 acres and Stock water. 7. Source of Water: Springs, seeps, and overflow tributary to Coal Creek and the Uncompahgre River. DELTA COUNTY. CASE NO. 2012 CW 162 Gunnison County. Application for Conditional Water Rights (Surface). Applicant: Lypps Frame Revocable Trust, c/o John T. Howe, Hoskin Farina & Kampf, P.C., 200 Grand Avenue, Suite 400, Grand Junction, Colorado 81501; (970) 986-3400. Attorneys for Applicants: L. Richard Bratton and John T. Howe, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 986-3400. Name of Structure: Frame Spring. A. Source: tributary to Grafling Gulch, tributary to Long Gulch, tributary to Tomichi Creek, tributary to the Gunnison River B. Location: NE¼NE¼ of Section 3, Township 38 North, Range 1 East,

N.M. P.M.; 79 feet from the North section line and 808 feet from the East section line C. Use: stock watering D. Appropriation Date: July 1, 2012 E. Quantity: 10 g.p.m., conditional Name of Structure: Frame Spring A. Source: tributary to Chance Gulch, tributary to Tomichi Creek, tributary to the Gunnison River B. Location: NW¼SW¼ of Section 3, Township 38 North, Range 1 East, N.M. P.M.; 1873 feet from the South section line and 457 feet from the West section line C. Use: stock watering D. Appropriation Date: July 1, 2012 E. Quantity: 10 g.p.m., conditional Landowner: Applicant. GUNNISON COUNTY. CASE NO. 2012CW163. Applicant: Dan and Jayne Sullivan, 8301 Crawford Road, Hotchkiss, CO 81419. Application for Surface Water Rights: Needle Rock No. 4 Ditch – NW1/4NE1/4NE1/4 of Section 19, T15S, R91W, 6th PM. 78 feet from the north line and 1,265 feet from the east section line. Source: Cottonwood Creek, North Fork of the Gunnison River. Appropriation Date: 06/17/2004. Amount Claimed: 2.50 c.f.s. absolute for irrigation of 200 acres and stockwater. DELTA COUNTY. AMENDED/CORRECTED: CASE NO. 2012CW98. Applicant: Harlan Smith, 3950 Hockaday Dr., Dallas, TX 75229. Application for Conditional Surface Water Right: Slade Spring – SE1/4SW1/4 of Section 12, T43N, R8W, NMPM 596 feet from the south line and 2,655 feet from the west section line. Source: Thistledown Creek, Canyon Creek and the Uncompahgre River. Appropriation Date: 06/11/2011. Amount Claimed: 15 g.p.m. conditional for wildlife, domestic and to fill undecreed pond. OURAY COUNTY. CASE NO. 12CW112; Quartz Creek, tributary to Tomichi Creek, tributary to the Gunnision River. Applicant: Quartz Creek Property Owners Association, P.O. Box 39, Pitkin, Colorado 81241-0039. AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE (CORRECTING LOCATION DESCRIPTIONS OF WATER RIGHTS). The Applicant seeks to amend the initial Application in this matter in order to correct the location descriptions of the following water rights. I. Chicago Park Mine Shaft No. 1: a point in the SE1/4 NE1/4 SW1/4, Section 32, Township 51 North, Range 4 East, N.M.P.M., being 2,113 feet east of the west section line and 1,892 feet north of the south section line of said Section 32. II. Chicago Park Mine Shaft No. 2: a point in the SE1/4 NE1/4 NE1/4, Section 5, Township 50 North, Range 4 East, N.M.P.M., being 41 feet west of the east section line and 925 feet south of the north section line of said Section 5. III. Chicago Park Mine Shaft No. 3: a point in the SW1/4 NE1/4, Section 5, Township 50 North, Range 4 East, N.M.P.M., being 1,305 feet south of the north line and 2,567 feet west of the east section line of said Section 5. No other changes to the original Application are requested. GUNNISON COUNTY, COLORADO. YOU ARE FURTHER NOTIFIED THAT you have until the last day of February, 2013 to file with the Water Clerk, in duplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. (Filing fee: $130.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401