IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO



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 March, 2009.

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:

CASE NO. 2009CW23. Applicant: Arthur M. Wisehart Trustee, 2030 W. Touhy Ave., Chicago, Il 60645. Application for a Storage Water Right: Wisehart Reservoir – NW1/4NE1/4 of Section 1, T14S, R92W, 6th PM. 859 feet from the North line and 1,976 feet from the East section line. Source: North Fork of the Gunnison River. Appropriation Date: January 31, 2009. Amount Claimed: 2.5 acre-feet conditional for augmentation, piscatorial and fire protection. Applicant acknowledges that he will be required to construct the outlet with an adjustable overflow so that the level can be maintained and release of water during time of call is possible. Applicant will add gauge rod and supply a surveyed capacity table. Application for Approval of Plan for Augmentation: Wisehart Reservoir - located as above. This plan of augmentation will augment for all otherwise out-of-priority depletions from the Wisehart Reservoir, and domestic uses for up to 8 single-family dwellings. Plan Assumptions and Source Data: Applicant has made the following assumptions in the development of his plan for augmentation, which are based upon attached report. The demand for each residence is estimated to be 100 gallons per day (gpd) per person for a three and one half person household. The in-house demand for each home has been calculated to average 0.033 acre-feet per month and total 0.40 acre-feet per year. The total demand for 8 residences will be 0.266 acre-feet per month or 3.2 acre-feet per year. The demand for the allowance of Wisehart Reservoir evaporation is based on 0.5 surface acres with a volume of 2.5 acre-feet. Wastewater for dwellings will be treated by individual disposal systems (ISDS). In-house depletions are estimated to be 10% of demand and have been calculated to average 0.0266 acre-feet per month and a total of 0.32 acre-feet per year for the proposed residences. Total water depletions for Wisehart Reservoir evaporative loss have been calculated to be 1.194 acre-feet per year. Potential Call: Applicant realizes that calls upon Applicant’s diversions might arise on any stream reaches downstream of Applicant’s diversions. Statement of Plan for Augmentation: Augmentation for the Wisehart Reservoir and the domestic in-house use for eight residential dwellings on applicant’s property will be provided for by releases from the Wisehart Reservoir, an on-channel reservoir, available on a year round basis as needed for any senior calls downstream. The Wisehart Reservoir will be filled in priority by year round springs located on applicant’s property. The total consumptive use for the domestic in-house use and reservoir evaporation has been calculated to be 1.514 acre-feet for their total annual depletions. The applicant acknowledges that the augmentation water will be used solely for applicant’s use. The following chart sets forth a summary of the augmentation plan: (in Acre-feet)

| |Jan |Feb |Mar |Apr |May |Jun |

|January |0.030 |1.260 |0.370 |0.538 |0.000 |0.000 |

|February |0.035 |1.470 |0.390 |0.568 |0.000 |0.000 |

|March |0.055 |2.310 |0.660 |0.960 |1.350 |0.056 |

|April |0.090 |3.780 |0.530 |0.771 |3.009 |0.125 |

|May |0.120 |5.040 |0.690 |1.004 |4.036 |0.168 |

|June |0.145 |6.090 |0.400 |0.582 |5.508 |0.229 |

|July |0.150 |6.300 |0.720 |1.048 |5.252 |0.219 |

|August |0.135 |5.670 |0.790 |1.150 |4.520 |0.188 |

|September |0.100 |4.200 |0.900 |1.310 |2.890 |0.120 |

|October |0.070 |2.940 |1.070 |1.557 |1.383 |0.058 |

|November |0.040 |1.680 |0.670 |0.975 |0.705 |0.029 |

|December |0.030 |1.260 |0.420 |0.611 |0.000 |0.000 |

|Total |1.000 |42.000 |7.610 |11.074 |28.653 |1.194 |

DELTA COUNTY.

CASE NO. 2009CW24 (REF NO. 02CW74). Applicant: John Turman and Vicki Turman, 245 North Elm Street, Fruita, CO 81521. Application To Make Absolute: Turman Spring – NE1/4SE1/4NE1/4 of Section 10, T50N, R16W, NMPM. 645 feet West of the East section line and 1,408 feet South of the North section line. Source: Gunnison River. Appropriation Date: 06/01/2000. Amount Claimed: .008 cfs absolute for domestic, stockwater and wildlife uses. The application on file with the Water Court contains a detailed outline of the work performed during the diligence period. MONTROSE COUNTY.

CASE NO. 2009CW25. APPLICATION FOR WATER STORAGE RIGHTS, in San Miguel County. Applicant: Alex and Kathleen Kummant, 210 Wilson Avenue, Kirkwood, MO 63122; c/o Jennifer Russell, Russell & Pieterse, LLC, P.O. Box 2673, Telluride, Colorado 81435, (970) 728-5006. I. APPLICATION FOR CONDITIONAL AND ABSOLUTE STORAGE RIGHTS -- KUMMANT NORTH POND. Name of structure: Kummant North Pond. Legal description of location of dam: NE1/4NW1/4, Sec.19, T45N, R10W, N.M.P.M., a distance of 409 feet from the north section line and 2103 feet from the west section line.x GPS Information: Northing 4226092.9, Easting 235904.3, Zone 13. Source: East Fork McKenzie Creek, San Miguel River. Appropriation date: December 31, 1997. The pond was created and filled in 1997 when the Frontier Subdivision was developed. The water was used immediately for livestock, wildlife and aesthetic purposes. Amount: 0.96 acre-feet. This amount is absolute with respect to livestock, wildlife and aesthetic purposes; it is conditional with respect to irrigation, recreation, piscatorial, and fire protection purposes. Beneficial Uses: Irrigation, recreation, piscatorial, fire protection, livestock, wildlife and aesthetic purposes. Irrigation use will be for a maximum of 5 acres, primarily lawn and garden watering on the property, which is more particularly described as Parcel C, The Frontier, located in Sections 18 and 19, Township 45N, Range 10W, N.M.P.M. in San Miguel County. Surface Area of High Water Line: 18,730.8 feet. Maximum height of dam: 6 feet; Length of dam: 167 feet. Total capacity of reservoir: 0.96 acre-feet. Active capacity: 0.96 acre-feet; Dead storage: 0. Name and address of owner of land upon which the pond is located: Applicant. II. APPLICATION FOR CONDITIONAL AND ABSOLUTE STORAGE RIGHTS -- KUMMANT SOUTH POND. Name of structure: Kummant South Pond. Legal description of location of dam: NE1/4SW1/4, Sec.19, T45N, R10W, N.M.P.M., a distance of 2580 feet from the south section line and 1536 feet from the west section line. GPS Information: Northing 4225391.9. Easting 235718.4, Zone 13. Source: East Fork McKenzie Creek, San Miguel River. Appropriation date: December 31, 1997. The pond was created and filled in 1997 when the Frontier Subdivision was developed. The water was used immediately for livestock, wildlife and aesthetic purposes. Amount: 1.16 acre-feet. This amount is absolute with respect to livestock, wildlife and aesthetic purposes; it is conditional with respect to irrigation, recreation, piscatorial, and fire protection purposes. Beneficial Uses: Irrigation, recreation, piscatorial, fire protection, livestock, wildlife and aesthetic purposes. Irrigation use will be for a maximum of 5 acres, primarily lawn and garden watering on the property, which is more particularly described as Parcel C, The Frontier, located in Sections 18 and 19, Township 45N, Range 10W, N.M.P.M. in San Miguel County. Surface Area of High Water Line: 0.31 acres. Maximum height of dam: 8 feet; Length of dam: 132 feet. Total capacity of reservoir: 1.16 acre-feet. Active capacity: 1.16 acre-feet; Dead storage: 0. Name and address of owner of land upon which the pond is located: Applicant. General Remarks: The two subject water rights constitute an integrated water supply for applicant’s property. The total irrigated acreage for each water right is the total irrigated acreage of the integrated water supply system. SAN MIGUEL COUNTY.

CASE NO. 2009CW26 (REF NO. 03CW74). Applicant: Leo Brewer, P.O. Box 831, Delta, CO 81416. Application To Make Absolute: Brewer Holding Pond – SW1/4NE1/4NW1/4 of Section 7, T15S, R94W, 6th PM. 1,350 feet East of the West section line and 1,100 feet South of the North section line. Source: Gunnison River. Appropriation Date: 04/01/2002. Amount Claimed: .05 acre-feet absolute for irrigation. DELTA COUNTY.

CASE NO. 2009CW27. Applicant: Leo Brewer, P.O. Box 831, Delta, CO 81416. Application For Surface Water Right: Brewer Ditch – SE1/4NW1/4NW1/4 of Section 7, T15S, R94W, 6th PM. 1,102 feet from the North line and1,344 from the West section line. Source: Gunnison River. Appropriation Date: 05/15/2003. Amount Claimed: .20 cfs conditional for irrigation of 4 acres. DELTA COUNTY.

CASE NO. 2009CW28 (REF NO. 02CW180). Applicant: Robert Parker Justman and Martha Justman, 14659 Peony Lane, Paonia, CO 81428. Application To Make Absolute: Cedar Spring No. 1 – NE1/4SW1/4SW1/4 of Section 6, T14S, R91W, 6th PM. 700 feet East of the West section line and 1,225 feet North of the South section line. Source: North Fork of the Gunnison River. Appropriation Date: 10/18/2002. Amount Claimed: .07 cfs for domestic and hydropower uses. Cedar Spring No. 2 - NE1/4SW1/4SW1/4 of Section 6, T14S, R91W, 6th PM. 900 feet East of the West section line and 1,175 feet North of the South section line. Source: North Fork of the Gunnison River. Appropriation Date: 10/18/2002. Amount Claimed: .01 cfs for domestic and hydropower uses. The application of file with the Water Court contains a detailed outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2009CW29. SAN MIGUEL COUNTY-SURFACE WATER TRIBUTARY TO the SAN MIGUEL River. Tim Erdman, c/o Tom Kinney, Esq., Hill, Kinney & Wood, LLC, 201 Main Street, Suite 301, Carbondale, Colorado 81623, (970) 963-3900. Application for Surface Water Right. Applicant requests entry of a Decree awarding an absolute surface water right as follows: Big Cat Springs, Erdman Diversion, 0.111 cfs, absolute, for diversion of overflow from the Big Cat Springs and other surface water tributary to the San Miguel River at a diversion point located within an unsurveyed portion of unincorporated San Miguel County protracted as being within the NW¼NE¼ of Section 32, Township 43 North, Range 9 West of the New Mexico Principal Meridian at a point approximately 4,900 feet distant from the south section line and 2,600 feet distant from the east section line of said Section 32. This point of diversion is also described by the following coordinate locations: Latitude 37(57(04.1(North; Longitude 107(53(9.2(West; UTM Zone 13, 4,204,322 meters North, 246,422 meters East, for irrigation of two (2) acres of land and fire protection purposes on Lot B, Last Dollar PUD, which parcel of land is also known as Lots A & B of the Vela Replat, and which parcel of land is located at 11 Nimbus Drive, Telluride, Colorado 81435 with an appropriation date of July 1, 1985. Current owner of parcel of land upon which diversion point is located is Genesee Properties, Inc., a Wyoming corporation, whose address is P.O. Box 63, Berthoud, Colorado, 80513-0063, according to the records of the San Miguel County Assessor. (7 pages with attached Exhibits A and B). SAN MIGUEL COUNTY.

CASE NO. 2009CW30 (REF NO. 03CW53). Applicant: Greg Peterson, 53466 East Highway 50, Gunnison, CO 81230. Application To Make Absolute: Peterson Reservoir – SW1/4SE1/4SE1/4 of Section 8, T48N, R3E, NMPM. 565 feet from the South line and 1,040 feet East section line. Source: Razor Creek, Tomichi Creek and the Gunnison River. Appropriation Date: 06/092002. Amount Claimed: 95 acre-feet absolute for supplemental irrigation. GUNNISON COUNTY.

CASE NO. 2009CW31 (REF NO. 01CW85). IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF DOUBLE RL COMPANY IN OURAY COUNTY, COLORADO Attorneys for Applicant Richard A. Johnson (#16047), David F. Bower (#39405), 2521 Broadway, Suite A, Boulder, Colorado 80304, Telephone: (303) 442-1900, Fax: (303) 442-0191, Email: rajohnson@j-; dfbower@j-. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 1. Name, address and telephone number of Applicant: Double RL Company, c/o Cliff Wolford, 5180 Highway 62, Ridgway, CO 81432, (970) 626-5485. Copies of all pleadings to: Richard A. Johnson, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304, (303) 442-1900 2. Name of structures: A. Double RL Lake No. 1. B. Carroll Brown Reservoir. 3. Description of conditional water rights: A. Original Decree. Double RL Lake No. 1 and Carroll Brown Reservoir were decreed on March 6, 2003 in the amounts and for the uses described below by Ruling of the Referee and Decree of the Water Court in and for Water Division No. 4, State of Colorado, Case No. 01CW185. B. Decreed location of structures. (i) Double RL Lake No. 1 is located in the NE1/4 SE1/4 of Section 27, Township 45 North, Range 9 West, of the New Mexico Principal Meridian, with the center of the dam axis located approximately 500 feet west of the east section line and approximately 1,600 feet north of the south section line of Section 27. (ii) Carroll Brown Reservoir is located in the NW1/4 NW1/4 of Section 16, Township 44 North, Range 9 West, of the New Mexico Principal Meridian, with the center of the dam axis located approximately 3,400 feet west of the east section line and approximately 600 feet south of the north section line of Section 16. C. Appropriation Date. (i) The appropriation date for Double RL Lake No. 1 is June 1, 1983. (ii) The appropriation date for Carroll Brown Reservoir is September 28, 2001. D. Source of water. (i) The source of water for Double RL Lake No. 1 is natural runoff, Cottonwood Creek and the West Fork of Dallas Creek, tributary to the Uncompahgre River, tributary to the Gunnison River. (ii) The source of water for Carroll Brown Reservoir is the West Fork of Dallas Creek. E. Amount/Uses. (i) Double RL Lake No. 1 is decreed for 6 acre-feet, conditional, with the right to fill and refill, for augmentation and replacement purposes in accordance with the plan for augmentation decreed in Case No. 01CW185. (ii) Carroll Brown Reservoir is decreed for 1.75 acre-feet, conditional, for augmentation and replacement purposes, with an adjudication date of December 31, 2001. 4. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant seeks a finding of reasonable diligence for the conditional water rights associated with Double RL Lake No. 1 and Carroll Brown Reservoir based upon work performed and costs incurred during the relevant diligence period of March, 2003 through March, 2009. The Double RL Lake No. 1 and the Carroll Brown Reservoir, along with the Double RL Domestic Diversion decreed in Case Nos. 92CW17 and 01CW95, constitute an integrated system for all purposes, including those relevant to C.R.S. § 37-92-301(4). Specific activities demonstrating reasonable diligence for the development of these water rights include the following: A. Bishop-Brogden Associates, Inc. (“BBA”) performed engineering services in connection with Applicant’s water rights, including site visits to the Double RL Ranch in October, 2003 and November, 2004. BBA’s work also included providing annual accounting of the Double RL Ranch’s domestic water supply plan for augmentation decreed in Case No. 01CW185. B. BBA and Colorado Land and Water Specialists (Cary Denison) both prepared comprehensive water rights mapping for the Double RL Ranch, including the subject conditional water rights. C. Applicant cleaned the filler ditch, replaced existing piping and performed survey work associated with improvements to the release structure for the Double RL Lake No. 1. D. Applicant performed significant excavation and maintenance work on the Carroll Brown Reservoir. E. Colorado Land and Water Specialists performed inspections and maintenance of the control and filling structures for both Double RL Lake No. 1 and Carroll Brown Reservoir and designed a new staff gauge for Carroll Brown Reservoir. Colorado Land and Water Specialists has also performed various operational work during the diligence period, including taking monthly meter readings as required under the plan for augmentation. F. Double RL Company paid approximately $21,000 to BBA for engineering services during the relevant diligence period. In addition, Double RL paid Colorado Land and Water Specialists over $3,000 for its work associated with the Double RL Lake No. 1 and Carroll Brown Reservoir water rights. G. Double RL Company spent in excess of $53,000 on excavation and maintenance work for the Carroll Brown Reservoir and an additional $18,000 on maintenance for the Double RL Lake No. 1. H. Double RL Company has also expended over $5,000 for legal services in monitoring and opposing cases to protect its water rights in Water Division No. 4. WHEREFORE, Applicant requests that this Court enter a decree: 1. Finding that Applicant has exercised reasonable diligence in the development of the Double RL Lake No. 1 and Carroll Brown Reservoir for the purposes, at the locations, from the sources and in the amounts set forth in paragraph 3 above, and continuing said conditional water rights in full force and effect. 2. Granting such other and further relief as the Court deems just and proper under the circumstances. OURAY COUNTY.

CASE NO. 2009CW32. Applicant: Barney & Co., LLC., C/O Anne Sievers, Manager, 29504 Redlands Mesa Road, Hotchkiss, CO 81419. Application and Amended Application for Surface Water Right: Bruton Place Wastewater Ditch No. 1 – SE1/4SW1/4 of Section 5, T14S, R93W, 6th PM. 27 feet from the South line and 1,223 feet from the East section line. Bruton Place Wastewater Ditch No. 2 – SE1/4SW1/4 of Section 5, T14S, R93W, 6th PM. 17 feet from the South line and 1,896 feet from the East section line. Bruton Place Pond Runoff Ditch – NE1/4NW1/4 of Section 8, T14S, R93W, 6th PM. 2.5 feet from the North line and 2,396 feet from the East section line. Source: Cedar Gulch, Leroux Creek, North Fork of the Gunnison River and the Gunnison River. Appropriation Date: 06/061982. Amount Claimed: .5 cfs absolute for Bruton Place Wastewater Ditch No 1, 1.5 cfs absolute for Bruton Place Wastewater Ditch No. 2 and1.5 cfs absolute for Bruton Place Pond Runoff Ditch for irrigation and stockwater uses and also to fill stock ponds for Bruton Place Wastewater Ditch No. 1. DELTA COUNTY.

CASE NO. 2009CW33 DELTA COUNTY 1. Robert Barnes and Barbara Barnes, by Aaron R. Clay, P.O. Box 38, Delta CO 81416, 970-874-9777. APPLICATION FOR UNDERGROUND WATER RIGHTS AND FOR APPROVAL OF A PLAN FOR AUGMENTATION 2. Name of Structures: Barnes Wells Nos. 1 and 2 3. Legal Description of well locations::: SW1/4NW1/4, Section 14, Township 13 South, Range 91 West, 6th P.M. Well No. 1 is approximately 1500 feet south of the north section line and 634 feet east of the west section line. Well No. 2 will be approximately 1500 feet south of the north section line and 1000 feet east of the west section line. 4. Date of Appropriation: November 20, 2001 for in-house use from Well No. 1; February 20, 2009 for all other uses. 5. Amount: Well No. 1: 11 gpm (.024 c.f.s.), Well No. 2: 15 gpm (.033 c.f.s.) Annual appropriation in each well will be 0.484 acre-feet; 6. Use: Domestic use in one single-family residence from each well including lawn and garden irrigation and domestic stockwater, absolute for in-house domestic in Well No. 1, all other uses conditional 7. Source of Water: Alluvial aquifer tributary to the North Fork of the Gunnison River. 8 Water right to be used for augmentation: Applicants’ 6.25% interest in the Deertrail Ditch; 9. Statement of the Plan for Augmentation: Applicants use Well No. 1 for their personal residence, under well permit No. 236871. Applicants intend to construct a second residence, to be served by Well No. 2. Both residences will take water from the wells, use it for domestic purposes including lawn and garden and stockwater, and return it to the North Fork River by an individual septic disposal system (tank and leach field.) Assuming 100 gallons diverted per person per day, 3.5 persons per house, 15 % consumptive, 1500 square feet of lawn and garden for each house, and two horses for each house, the annual consumptive use will be 0.14 acre-foot per house, for a total of 0.281 acre-foot for both houses. Applicants propose to dry up 0.15 acres of land which has historically been irrigated by their interest in the Deertrail Ditch. The dried up land will make available to the stream during the irrigation season .410 acre-foot of water. During the non-irrigation season, Applicants propose to provide water pursuant to a contract with the Bureau of Reclamation for one acre-foot of water to be released from the Aspinall Unit as and when needed by the Division Engineer to prevent injury from the depletion of the well. The North Fork of the Gunnison is not over-appropriated in the non-irrigation season. (See Plan Report prepared by RHN Water Resource Consultants, LLC in the file.) DELTA COUNTY.

CASE NO. 2009CW34 (REF NO. 02CW156). Applicant: CITY OF GRAND JUNCTION, c/o John P. Shaver, 250 N. 5th Street, Grand Junction, CO 81501. Application for Finding of Reasonable Diligence: JUNIATA RESERVOIR - The initial point of survey for said reservoir is at a point whence the Northwest corner of Section 31, Township 12 South, Range 97 West of the 6th P.M., Mesa County, Colorado, bears North 79º 00' West 800 feet. 1150 feet from the north section line and 175 feet from the west section line. Date of Original Decree: 03/25/1996; Case No. 94CW277. Source: North Fork of Kannah Creek via the City Ditch and from Kannah Creek via the Juniata Ditch Enlarged and the Grand Junction flow line. Appropriation Date: 12/21/1994. Amount Claimed: 500 acre-feet. Use: The water will be diverted for storage and subsequent application for snowmaking and all municipal uses in the Colorado River Basin. MESA COUNTY.

CASE NO. 2009CW35 (REF NO. 02CW164). Applicant: Claire Moore and Paul Murrill, P. O. Box 131, Paonia, CO 81428. Application and Amended Application for Finding of Diligence: Reta Mae Spring – SW1/4SW1/4NW1/4 of Section 2, T14S, R92W, 6th PM. 2,623 feet from the North line and 153 feet from the East section line. Source: North Fork of the Gunnison River. Appropriation Date: 09/23/2002. Amount Claimed: .05 cfs conditional for domestic, stockwater and irrigation. The application on file with the Water Court contains a detailed outline of the work performed during the diligence period. DELTA COUNTY.

CASE NO. 2009CW36. Applicant: Scott Riba, P. O. Box 1724, Montrose, CO 81402. Application for Surface Water Rights: Firewater Drain Ditch – NE1/4NE1/4 of Section 6, T48N, R10W, NMPM. 1,838 feet from the North line and 400 feet from the East section line. Source: Coal Creek and the Uncompahgre River. Appropriation Date: 03/01/2007. Amount Claimed: 0.70 cfs absolute for fire protection and supplemental irrigation. Application for Storage Right: Firewater Reservoir – NE1/4NE1/4 of Section 6, T48N, R10W, NMPM. 1,838 feet from the North line and 400 feet from the East Section line. Source: Coal Creek and the Uncompahgre River. Appropriation Date: 03/01/2007. Amount Claimed: 0.574 acre-feet conditional for irrigation and fire protection. MONTROSE COUNTY.

CASE NO. 2009CW37 (REF NO. 01CW114). Applicant: Western Fuels-Colorado, LLC (“Western Fuels”), Attn: Murari Shrestha, P.E., Western Fuels Association, Inc., P.O. Box 33424, Denver, Colorado 80233 c/o Timothy J. Beaton and Marjorie L. Sant, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE: New Horizon Mine Pond No. 008 through 015. Original Decree: Case No. 2001CW114, March 14, 2003. Legal Descriptions of Pond Locations: New Horizon Mine Pond No. 008: Section 6, T46N, R15W, New Mexico P.M., at a point South 3°42' East, 1724 feet from the northwest corner of said Section 6; New Horizon Mine Pond No. 009: Section 36, T47N, R16W, New Mexico P.M., at a point North 2°20' West, 2290 feet from the southeast corner of said Section 36; New Horizon Mine Pond No. 010: Section 36, T47N, R16W, New Mexico P.M., at a point North 79°28' West, 3796 feet from the southeast corner of said Section 36; New Horizon Mine Pond No. 011: Section 1, T46N, R16W, New Mexico P.M., at a point North 89°18' West, 3870 feet from the northeast corner of said Section 1, New Horizon Mine Pond No. 012: Section 36, T47N, R16W, New Mexico P.M., at a point North 37°5' West, 3100 feet from the southeast corner of said Section 36, New Horizon Mine Pond No. 013: Section 36, T47N, R16W, New Mexico P.M., at a point North 65°2' West, 5060 feet from the southeast corner of said Section 36; New Horizon Mine Pond No. 014: Section 36, T47N, R16W, New Mexico P.M., at a point North 77°26' West, 4550 feet from the southeast corner of said Section 36; New Horizon Mine Pond No. 015: Section 36, T47N, R16W, New Mexico P.M., at a point North 82°20' West, 5230 feet from the southeast corner of said Section 36. Sources: New Horizon Mine Pond No. 008: Unnamed tributary of Calamity Draw, tributary to the San Miguel River; New Horizon Mine Ponds Nos. 009, 010, 011, 012, 013, 014, and 015: Unnamed tributaries of Tuttle Draw, tributary to the San Miguel River. Appropriation Date: June 15, 2001. Amounts: New Horizon Mine Pond No. 008: 7.56 acre-feet; New Horizon Mine Pond No. 009: 6.17 acre-feet; New Horizon Mine Pond No. 010: 18.90 acre-feet; New Horizon Mine Pond No. 011: 4.40 acre-feet; New Horizon Mine Pond No. 012: 5.24 acre-feet; New Horizon Mine Pond No. 013: 6.06 acre-feet; New Horizon Mine Pond No. 014: 0.20 acre-feet; New Horizon Mine Pond No. 015: 0.40 acre-feet. Uses: Irrigation; stockwatering usage; and mining purposes, including but not limited to dust suppression and sediment control. A detailed outline of work and expenditures toward completion of the appropriation is contained in the application: Names and addresses of owners of land: New Horizon Mine Pond 008: Ward and Elma Burbridge, P. O. Box 92, Nucla, Colorado 81424; New Horizon Mine Ponds 009, 010, 013, 014 and 015: Western Fuels-Colorado, LLC, P.O. Box 33424, Denver, Colorado 80233; New Horizon Mine Pond 011: Frank and Mary Lou Morgan, P.O. Box 4, Nucla, Colorado 81424; New Horizon Mine Pond 012: A. Rosella Lloyd, 2435 S. 25 Road, P.O. Box 578, Cedaredge, Colorado 81413; Harry C. Lloyd, 11432 Jones Road, Berrien Springs, Michigan 49103-9659; Mary R. Bolender, 1541 Rush Road, Eagle, Idaho 83616; Winona Mae (Lloyd) Cressler, 373 East 4th Street, P.O. Box 593, Nucla, Colorado 81424. MONTROSE COUNTY.

CASE NO. 2009CW38. Applicant: Dale Brandon and Sherry Brandon, 833 26 Road, Grand Junction, CO 81506. Application for Surface Water Right: Brandon Pump – SE1/4NE1/4 of Section 28, T12S, R99W, 6th PM. 1,374 feet from the North line and 1,246 feet from the East Section line. Source: Gunnison River. Appropriation Date: 01/26/2009. Amount Claimed: .50 cfs conditional for irrigation and stockwater. MESA COUNTY.

YOU ARE FURTHER NOTIFIED THAT you have until the last day of May, 2009 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: $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at courts.state.co.us). DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO 81401

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