TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7

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1 DISTRICT COURT, WATER DIVISION 7, COLORADO WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7 Pursuant to C.R.S , you are notified that the following is a resume of all water rights applications filed in the Office of the Water Clerk during the month of March, 2007, for each county affected. 04CW97. DAVID J. BROWN AND KOINONIA, LLC, David J. Brown, Manager, c/o Bootjack Management Co., E. Hwy. 160, Pagosa Springs, CO 81147, (970) Brownstein Hyatt Farber Schreck, P.C. Attn. Wayne F. Forman, Esq. and John A. Helfrich, Esq., th Street, Suite 2200, Denver, Colorado 80202, Telephone: (303) FIFTH AMENDMENT TO APPLICATION FOR GROUND WATER RIGHTS, SURFACE WATER RIGHTS, TERMINATION OF PLAN FOR AUGMENTATION DECREED IN CASE NO. 83CW144, NEW PLAN FOR AUGMENTATION AND CORRECTION OF ERROR IN DECREE IN CASE NO. 80CW220, AND TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS in MINERAL AND ARCHULETA COUNTIES. A. Applicant: Koinonia, LLC, David J. Brown, Manager, c/o Bootjack Management Co., E. Hwy. 160 Pagosa Springs, CO 81147, Telephone: (970) , c/o: Wayne F. Forman, Esq., John A. Helfrich, Esq., Brownstein Hyatt Farber Schreck, P.C., th Street, Suite 2200, Denver, Colorado 80202, Telephone: (303) This Fifth Amendment to Application relates only to Section B.1.d.(3) and B.1.e.(3) of the Fourth Amended Application involving Wolf Creek Village Well No. 1. and is for the sole purpose of increasing the claimed appropriation from 160 g.p.m. to 200 g.p.m., including the 30 g.p.m. water right decreed in Case No. 80CW220. All other provisions of the Fourth Amended Application remain unchanged. B. Section B.1.d.(3) of the Fourth Amended Application is revised to read: "Amount: c.f.s. (200 gallons per minute) (g.p.m.), Absolute, including the existing right for c.f.s. (30 g.p.m.), up to 6.45 acre feet per year, decreed in Case No. 80CW220." C. Section B.1.e.(3) of the Fourth Amended Application is revised to read: "Amount: c.f.s. (200 g.p.m.), Conditional, including the existing right for c.f.s. (30 g.p.m.), up to 6.45 acre feet per year, decreed in Case No. 80CW220." (4 pages) 06CW78 Fairway Land Trust c/o Stanley and Ken Levine, P. O. Box 3640, Pagosa Springs, CO 81147: CH Loucks Ditch (Levine Enlargement); Date of original decree, December 21, 1999; Case No. 99CW61; Archuleta County; SE1/4NW1/4, Section 24, T35N, R2W, NMPM, 801 feet from N and 2277 feet from W, Northing , Easting , Zone 13; San Juan River; Appropriation date, December 21, 1999; Work performed towards completion of project outlined in detail in Application; Flood irrigate 80 acre meadow on Reservoir Hill; 2.0 cfs Conditional; Amended Application for Finding of Diligence (7 pages) 06CW99 Amendment to Application for Conditional Water Rights of La Plata County in La Plata County, Colorado. Applicant La Plata County, 1060 East 2 nd Avenue, Durango, Colorado

2 Telephone (970) , c/o Douglas M. Sinor, Esq. and Peggy E. Montano, Esq., Trout, Raley, Montano, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado Telephone: and Applicant amends the application filed December 20, 2006 by correcting a clerical error in the legal descriptions of La Plata County Water Right Nos. 1, 2 and 3 from 6 th Principal Meridian to the N.M.P.M. There are no other changes to the original application published in the December, 2006, resume. Parties that filed Statements of Opposition to the original application have standing, and are not required to file a Statement of Opposition to the Amended Application. (3 pages) 07CW11 (99CW 32) ARCHULETA COUNTY, LA PLATA WATER DISTRICT NO Applicant: Pagosa Springs Resort Company, Post Office Box 719, Pagosa Springs, Colorado Attorney: James C. Anesi, 2023 Main Avenue, Durango, Colorado 81301; (970) Structure or Plan: Water Rights, Surface Spring. 4. Type of Application: Water Right, Surface Spring. 5. Drainage Basin: San Juan River, Archuleta County, Colorado. 6. Location: NE1/4SE1/4SW1/4 of Section 13, Township 35 North, Range 2 West, N.M.P.M., Archuleta County, Colorado 7. Type of Use: Heating of buildings and bath house with mineral baths 8. Type of Structure: Spring. 9. Quantity: 0.5 c.f.s. conditional, appropriation date June 1, 1896; and 0.7 c.f.s. conditional, appropriation date February 26, Additional Information: None. (2 pages) 07CW12 (00W28) ARCHULETA COUNTY, LA PLATA WATER DISTRICT NO Applicant: Pagosa Springs Resort Company, Post Office Box 719, Pagosa Springs, Colorado Attorney: James C. Anesi, 2023 Main Avenue, Durango, Colorado 81301; (970) Structure or Plan: Water Rights, Surface Spring. 4. Type of Application: Water Right, Surface Spring. 5. Drainage Basin: San Juan River, Archuleta County, Colorado. 6. Location: A. PSRC Spring : 1020 feet North of the South line of Section 13; 2169 feet East of the West line of Section 13; 886 feet North of the mid-line of Henry Footes Valentine Script; 331 feet East of the West line of Henry Footes Valentine Script in Section 13, T35N, R2W, N.M.P.M., Pagosa Springs, Colorado. B. PSRC Spring : 611 feet North of the South line of Section 13; 2026 feet East of the West line of Section 13; 477 feet North of the mid-line of Henry Footes Valentine Script; 187 feet East of the West line of Henry Footes Valentine Script in Section 13, T35N, R2W, N.M.P.M., Pagosa Springs, Colorado. C. PSRC Spring : 81 feet North of the South line of Section 13; 2033 feet East of the West line of Section 13; 53 feet of the mid-line of Henry Footes 2

3 Valentine Script; 194 feet East of the West line of Henry Footes Valentine Script in Section 13, T35N, R2W, N.M.P.M., Pagosa Springs, Colorado. 7. Type of Use: Recreational, including soaking and heating pools, bath house, mineral bath, swimming pools and commercial buildings of the Applicant. 8. Type of Structure: Spring. 9. Quantity: PSRC : 150 g.p.m. (0.334 c.f.s.) (conditional) PSRC : 100 g.p.m. (0.223 c.f.s.) (conditional) PSRC : 40 g.p.m. (0.089 c.f.s.) (conditional) 10. Additional Information: None. (3 pages) 07CW13 (00CW16)(90CW20); LA PLATA COUNTY, Application for Finding of Reasonable Diligence 1. Name, address and telephone number of applicant: La Plata County Board of County Commissioners ( La Plata County ), c/o Ron Dent, Director of Aviation, 1060 East 2nd Avenue, Durango, CO Telephone: (970) Please send all correspondence and pleadings to: Peggy E. Montaño, Douglas M. Sinor and Laurianne M. Jackson, 1120 Lincoln Street, Suite 1600, Denver, Colorado Telephone: pmontano@troutlaw.com, dsinor@troutlaw.com and ljackson@troutlaw.com. 2. Name of structure: Airport Infiltration Gallery. 3. Description of conditional water right from original decree entered in Case No. 90CW20 and diligence decree entered in Case No. 00CW16. A. Date of Original Decree, September 1992; Case No. 90CW20, District Court in and for Water Division No. 7. B. Date of Diligence Decree: March 13, 2001; Case No. 00CW16, District Court in and for Water Division No. 7. C. Legal Description of Structure: SE ¼ SW ¼, Section 30, T.34N., R.8W., N.M.P.M., 4,350 feet from the North Section line, and 2,800 feet from the East Section line. D. Source: Groundwater tributary to the Florida River. E. Appropriation Date: June F. Amount: i cfs, conditional. ii cfs, decreed absolute in Case No. 90CW20. G. Uses: This water is used as a part of an integrated water system. It is now used and will be used in the future for municipal and commercial purposes at the Durango/La Plata County Airport. This is the winter source of water for the Durango/La Plata County Airport. 4. Detailed outline of work performed and the expenditures made toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: A. During the diligence period, La Plata County incurred at least $117,000 in costs associated with installation of a new membrane-type water treatment system from U.S. Filters, Inc., which is capable of treating the water from the Airport Infiltration Gallery. B. In conjunction with the work described above, additional components are being installed on the water treatment system in order to remove organic materials from the water to prevent Trihalomethane formation. C. During the diligence period, La Plata County extended the integrated water system, which uses the Airport Infiltration Gallery, to the north part of the Durango/La Plata County Airport in order to serve both a new hangar development area and BP America, Inc. The total cost of this extension project was $172,665. D. During the diligence period, La Plata County spent approximately $472,352 on improvements to the Wastewater Treatment Plant for the Durango/La Plata County Airport. These improvements enable the integrated water system that uses the Airport Infiltration Gallery to serve additional water users. E. During the diligence period, La Plata County installed a totalizing flow meter on the Airport Infiltration Gallery and maintained permanent records of all diversions. 5. Name and address of owner or reputed owner of the land upon which any new 3

4 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: La Plata County owns or controls all land on which the Airport Infiltration Gallery is located. WHEREFORE La Plata County seeks a finding of reasonable diligence for the conditional water right described in paragraph 3 hereof. (5 pages) 07CW14 Debora Jackson-Bliss, 629 Second St., SE, Minneapolis, MN 55414: Deb s Spring; La Plata County; SW1/4SW1/4, Section 31, T37N, R8W, NMPM, 384 feet from S and 1073 feet from W, Northing , Easting ; Coon Creek, Animas River; Date of initiation of appropriation, 3/21/07; Appropriation initiated by site visit by water commissioner; Irrigation, stock water;.10 cfs Conditional; Application for Water Rights (Surface) (4 pages) 07CW15 (00CW25) (88CW123) IN LA PLATA COUNTY. CONCERNING THE APPLICATION FOR WATER RIGHTS OF CELADON II DITCH COMPANY (ON BEHALF OF ITSELF AND AS AGENT FOR THOSE OWNERS OF UNDIVIDED INTERESTS IN THE SUBJECT WATER RIGHTS) 1. Name, address and telephone number of Applicant: Celadon II Ditch Company (on behalf of itself and as agent for those owners of undivided interests in the subject water rights) c/o Montford Miller, 1501 Celadon Drive East, Durango, CO 81301, (970) Copies of all pleadings to: Charles B. White, Esq., Scott Steinbrecher, Esq., Petros & White, LLC, th St., Suite 820, Denver, CO 80202, (303) Name of structures: A. Bear Creek Ditch; B. Carson Creek Dry Lake Diversion; C. Becket Spring No. 1; D. Becket Spring No. 2; and E. Dry Lake. 3. Description of Conditional Water Rights: a. Date of Original Decree and Subsequent Decrees: On April 11, 1994 in Case No. 88CW123, the District Court for Water Division No. 7 entered a decree for conditional water rights, in addition to absolute water rights in the amount of 1.0 c.f.s. for the Bear Creek Ditch, and 16.5 acre feet for Smith Lake, both with an appropriation date of On March 15, 2001, in Case No. 2000CW25 the Court again entered a decree for the conditional water rights and made portions absolute. b. Location: (1) Bear Creek Ditch: Point whence the W1/4 corner of Section 19, T. 37 N, R. 8 W, N.M.P.M. bears S 41E 56' 53" W, feet. (2) Carson Creek - Dry Lake Diversion: The point of diversion being on the centerline of Carson Creek whence the East 1/16 Corner common to Sections 18 and 19, T. 37 N, R. 8 W, N.M.P.M. bears S 73E 15' W, 2567 feet, said point being more particularly described and depicted in Exhibit B to the decree in Case No. 88CW123. (3) Becket Spring No. 1: Point whence the W1/4 corner of Section 19, T. 37 N, R. 8 W, N.M.P.M. bears S 80E 10' 02" W, feet. (4) Becket Spring No. 2: Point whence the W1/4 corner of Section 19, T. 37 N, R. 8 W, N.M.P.M. bears S 81E 26' 43" W, feet. (5) Dry Lake: A. Dam A: A point whence the W1/4 of Section 19, T. 37 N, R. 8 W, N.M.P.M., bears S 75E 30' 51" W, feet; thence along the centerline of the dam N 32E 28' 00" E, feet. B. Dam B: A point whence the W1/4 corner of Section 19, T. 37 N, R. 8 W, N.M.P.M. bears S 70E 14' 08" W, feet; thence along the centerline of the dam N 49E 53' 35" E, feet. c. Source: (1) Bear Creek Ditch: Bear Creek, tributary to the Animas River, and runoff from Bear Creek Drainage Area of approximately 4,350 acres, described in Exhibit A to the Decree in Case No. 88CW123. (2) Carson Creek - Dry Lake Diversion: Carson Creek, tributary to the Animas River, and runoff from Carson Creek Drainage Area of approximately 1,240 acres, described in Exhibit A to the Decree in Case No. 88CW123. (3) Becket Spring No.1: Spring tributary to the Animas River. (4) 4

5 Becket Spring No. 2: Spring tributary to the Animas River. (5) Dry Lake: Becket Spring No.1 and Becket Spring No. 2, described above, and runoff from reservoir site drainage area of approximately 277 acres, described in Exhibit A to the Decree in Case No. 88CW123. d. Date of appropriation: January 6, e. Amounts and Uses: (1) Bear Creek Ditch: The decree in Case No. 88CW123 adjudicated an absolute right for 1.0 c.f.s., with an appropriation date of 1947, for supplemental irrigation, fish propagation in Smith Lake, Sherwood Lake and Hutchinson Lake, recreation in said lakes, and stock watering purposes. The decree in 00CW25 adjudicated 1.7 c.f.s., absolute, for fish propagation, recreation and stock watering purposes. 1.7 c.f.s. remains conditional for supplemental irrigation. (2) Carson Creek - Dry Lake Diversion: 3.1 c.f.s., conditional, for supplemental irrigation, storage in Sherwood Lake, Hutchinson Lake and Dry Lake for supplemental irrigation, fish propagation, recreation, and stock watering purposes. Carson Creek water will also be used for storage in Dry Lake for irrigation of new lands described in the decree in Case No. 88CW123. (3) Becket Spring No.1: The decree in Case No. 00CW25 adjudicated an absolute right of 0.02 c.f.s. for recreation, fish propagation, and stock watering purposes c.f.s. remains conditional for these purposes. 1.0 c.f.s. remains conditional for supplemental irrigation and irrigation of new lands in the NE1/4 NE1/4 of Section 19, T. 37 N, R. 8 W of the N.M.P.M. (4) Becket Spring No. 2: The decree in Case No. 00CW25 adjudicated an absolute right of 0.02 c.f.s. for recreation, fish propagation, and stock watering purposes c.f.s. remains conditional for these purposes. 1.0 c.f.s. remains conditional for supplemental irrigation and irrigation of new lands in the NE1/4 NE1/4 of Section 19, T. 37 N, R. 8 W of the N.M.P.M. (5) Dry Lake: The decree in Case No. 00CW25 adjudicated an absolute right for 55 acre-feet for recreation, fish propagation, and stock watering purposes. 55 acre-feet remains conditional for irrigation for up to 40 acres of new lands in the NE1/4 NE1/4 of Section 19 and the NW1/4 NW1/4 of Section 18, T. 37 N, R. 8 W of the N.M.P.M., and supplemental irrigation of lands irrigated by Applicant, or his predecessors under previous decrees. 4. Evidence of reasonable diligence. The conditional water rights described in this Application are part of an integrated system for the supply of water to the Celadon II subdivision in T.37N., R.8W., N.M.P.M., and in La Plata County, Colorado. The integrated system includes Dry Lake, the Dry Lake Refill, and the Dry Lake Diversion, which were adjudicated in Case Nos. 88CW123 and 95CW113, Water Division No. 7, and the Becket Lake Bear Creek Refill and Bear Creek Ditch Becket Enlargement, decreed in Case No. 98CW56, Water Division No. 7. The following is a summary of specific projects and work undertaken during the six-year diligence period prior to the filing of this application with respect to conditional water rights described in Paragraph 3, and the integrated system of which they are part. This list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter. a. The Celadon II subdivision was completed, roads were constructed and paved, 19 lots were subdivided, most have been sold, a number of homes have either been constructed or are under construction, additional water rights for ponds and other uses have been obtained, and facilities to utilize the water from the water rights system have been constructed. b. Applicant and its predecessor made substantial financial investments in planning, permitting, constructing facilities and infrastructure, marketing, and other aspects of development of the subdivision. This work includes the installation of water diversion, conveyance, and other delivery structures to utilize the conditional rights described in Paragraph 3 and other water rights to satisfy the domestic, stockwater, recreation, fish propagation, and irrigation demands. c. Facilities including a 20 g.p.m. pump were installed on the Bear Creek Ditch to irrigate Lot 21, Celadon II. As of March 1, 2007, 5

6 pumps and pipelines were being installed to withdraw water directly from the Bear Creek Ditch for irrigation of Lot 20, Celadon II. d. Dry Lake has been built and is available to store water from the Carson Creek Dry Lake Diversion and other sources. e. A pump was installed and is being used to withdraw water directly from Dry Lake for irrigation on Lot 12, Celadon II. f. Plans are in place and progress is being made to increase irrigation of lands from Dry Lake to the full decreed volume and acreage. g. On May 4, 2005, a decree was entered in Case No. 03CW123 adjudicating new absolute and conditional water rights and for a change of water rights for the Celadon II subdivision. h. During the diligence period, Applicant obtained findings of reasonable diligence from the District Court, Water Division No. 7, with respect to certain conditional water rights that are part of the integrated water supply system: (1) On August 24, 2005, a decree was entered in Case No. 03CW92 finding that Applicant had shown reasonable diligence in the development of water rights for the Dry Lake Diversion, Dry Lake Refill and Becket Spring No. 3. (2) On June 28, 2006, Applicant filed an Application for Finding of Reasonable Diligence and to Make Conditional Water Rights Partially Absolute in Case No. 06CW42. The Application includes claims for the following rights: the Bear Creek Ditch Becket Enlargement, Becket Lake (a/k/a Dry Lake) Bear Creek Refill, Becket Spring No. 4, Becket Spring No. 5, and Becket Spring No. 6. (3) On August 29, 2006, Applicant filed an Application for Finding of Reasonable Diligence in Case No. 06CW62 (98CW85). The application includes claims for the Gains Spring No. 2. i. During the diligence period, Applicant monitored the Division 7 Water Court resumes on a monthly basis and filed statements of opposition in several cases to protect its water rights. Applicant incurred significant legal and engineering costs in connection with these activities and the overall development and protection of Applicant s water system. 5. Names and addresses of owners of land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored. Water diverted from the Becket Spring Nos. 1 and 2 may be stored in Dry Lake which is located on property owned by the following parties: Carl W. Adams, 101 Becket Lake Drive, Durango, CO 81301; Charles F. Dickson Revocable Trust, 1815 Shoreacres Road, Lake Bluff, IL 60044; Walter M. & Kimberly K. Schonfeld, 17 Briar Cliff, Appleton, WI 54915; Walter M. & Kimberly K. Schonfeld, 45 Navy Street #B, Venice, CA 90291; Celia R. and Word B. Wilson, 2 Willow Ct., Midland, TX 79705; Bryan C. & Joyce H. Hondru, 620 Grand View Avenue, Pittsburgh, PA (8 pages) 07CW16 Daniel J. and Diane V. Sedlacek, CR 700, Pagosa Springs, CO 81147: Sedlacek Spring and Pump; Archuleta County; NW1/4SE1/4, Section 16, T33N, R3W, NMPM, Northing , Easting , Zone 13; Cat Creek; Date of initiation of appropriation, August 30, 2006; Appropriation initiated by test pumping and talking to water commissioner and locating pumpsite; Date applied to beneficial use, August 30, 2006; Irrigation;.125 cfs Conditional; Application for Water Rights (4 pages) Case No. 07CW17 CONCERNING THE WATER RIGHTS OF HARRY L BOYD AND SUSAN B. BOYD IN LA PLATA COUNTY, COLORADO APPLICATION FOR CHANGE OF WATER RIGHT 1. Name, address, telephone numbers of applicants: Harry L. Boyd and Susan B. Boyd, C.R. 240, Durango, CO 81301, (970) (H)(970) (W). Attorney: 6

7 Richard L. Emmett, Esq. P.O. Box 458, Durango, CO 81302, (970) Name of Well and permit, registration or denial number. No well permit has been issued or applied for relating to the augmentation unit (Edgerton Well#1) which is located in the SE1/4 NE1/4 Section 36, Township 36N, R8W, NMPM; at a point which bears N39 17 E, 4240 ft. from the SW corner of said Section 36, 3. Source: McCluer and Murray Ditch (Priority No. F-10)(Appropriation date 1923) Water right by virtue of ownership of a portion of the water transferred therefrom in Case No. W in the District Court in and for Water Division No Date of original decree: May 31, 1983, District Court, State of Colorado Water Division No. 7, Case No. 82 CW Proposed change of location of well from SE1/4 NE1/4 Section 36, Township 36N, R8W, NMPM; at a point which bears N39 17 E, 4240 ft. from the SW corner of said Section 36 on Lot #1 of Edgerton Subdivision to 2300 E 1733N Section 36, Township 36N Range 8W N.M.P.M on an adjoining 8.15 acre +- parcel # also owned by the applicant. 6. Proposed use: The amount of water to be pumped from the proposed well would be unchanged from the decreed 2341 gallons per day or the physical capacity of the well whichever is smaller; a total annual diversion of not more than acre feet; and a total annual consumptive use of not more than 0.5 acre feet. The use of water diverted from applicants well shall be limited to domestic use for one residential unit and for irrigation of land which does not exceed 8000 square feet of land if sewage disposal is by leach field system or 4000 square feet if sewage disposal is by sewage lagoon system. 7. Name of owners or reputed owners of the land upon which well will be located: Harry L. Boyd and Susan B. Boyd, C.R. 240, Durango, CO (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of May, 2007, to file with the Water Clerk, in quadruplicate, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $70.00; Forms are available through the Office of the Water Clerk or on the Judicial site at Paula K. Petersen, Clerk of the Water Court, 1060 E. 2 nd Ave., Room 106, Durango, CO ) Published: before April 30, 2007 Original signature on file Paula K. Petersen, Water Clerk 7