CASE NO. 01CW1 TOM SMITH, P. O.

DISTRICT COURT, WATER DIVISION NO. 2, COLORADO FEBRUARY 2001 RESUME (Cases filed during January 2001) TO: ALL INTERESTED PARTIES Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is a resume of applications, and certain amendments, filed during January 2001, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: CASE NO. 01CW1 TOM SMITH, P. O. Box 189, Poncha Springs, CO 81242 Application for Water Storage Right Chaffee County, Colorado 2. Name of Reservoir: Droz Creek Reservoir. 3. Legal description: A. Location of dam: Outlet is located 700 feet from the East line and 1,700 from the North line of Section 6, T-48-N, R-8E, NMPM. B. This reservoir is primarily fed by the Murphy Ditch which has its headgate located on Cochetopa Creek at a point whence the SE Cor. of Sec. 35, bears S 29 30 E 3,110 feet on said Cochetopa Creek, in the SW ¼ NE ¼ of Section 35, Tp 49 N., R-8-E, NMPM. 4. Source: Cochetopa Creek. 5. A. Date of appropriation: May 12, 2000; B. How appropriation was initiated: Closed gates on dam; C. Date water applied to beneficial use: May 12, 2000. 6. Amount claimed: A. 130 acre feet absolute. B. This is an off-channel reservoir filled by an absolute decreed ditch of 4.8 c.f.s. capacity. 7. Use: A. If irrigation, complete the following: (1) Number of acres historically irrigated: 100. (2) Total number of acres proposed to be irrigated: 100. (3) Legal description of acreage to be irrigated: SW ¼ SW ¼ Sec. 31, T-49-N, R-8-E NMPM; N ½ NW ¼, part of S ½ NE ¼ Sec. 6, T-48-N, R-8-E and part of SE ¼ NE ¼ Sec. 6, T-48-N, R-8-E NMPM. B. If non-irrigation, describe purpose fully: recreation, piscatorial, stock water, fire protection, domestic. 8. Surface area of high water line: 12.2 acres. A. Maximum height of dam in feet: 26.25; B. Length of dam in feet: 748.5. 9. Total capacity of reservoir in acre feet: 130. Active capacity: 130; Dead Storage: 0. 10. Name and address of owner of land on which structure for the water right is located: Applicant. 11. Remarks or any other pertinent information: The Droz Creek Dam has been completed and has been inspected by the State Engineer s office. The area under the new water line has been covered by wetland vegetation. The state will allow credit for the net effective precipitation over the reservoir surface of 12.2 acres, or 0.7 of the gross precipitation. The annual precipitation at Salida, 44 years of record, is 11.65 of which 70% is considered effective, or 8.2. Referring to the NOAA Technical Report NWS 33, the evaporation at this located is 25 or 2.08 feet. Net loss is then 2.08 0.68 = 1.4. For the 12.2 acres of pond surface this amounts to 17.08 acre feet of consumptive use. This amount will be paid to the stream by purchase of available water, such as the Pueblo Board of Water Works, or by 1

assigning a small amount of the Murphy Ditch (0.5 c.f.s.) to payment of this evaporation. (Application, 3 pages) CASE NO. 01CW2 MARY LOU URENDA, 2605 Lowell Avenue, Pueblo, CO 81003 Application for Change of Water Right Pueblo County 2. Decreed name of structure for which change is sought: Well (Sump) No. 3. 3. From previous Decree: A. Date Entered: July 19, 1974; Case No. W- 2300; Court: Div. 2. B. Decreed point of diversion: NE ¼ of SW ¼ of Sec. 7, T. 19 S., R. 64 W. of the 6th P.M., in Pueblo County, Colorado. C. Source: Underground water. D. Appropriation Date: March 31, 1934; Amount: 0.67 c.f.s. E. Historic use: As decreed. 4. Proposed change: Correct the decreed point of diversion to actual point of diversion. Original decree was in error. No other change requested. Actual point of diversion: SW ¼ NW ¼ Section 7, Township 19S, Range 64 W. 6th P.M. Distances from section lines 1800 feet from the N. section line and 700 feet from the W. section line. 5. Name and address of owners of land on which structures are located: Applicant. (Application and attachments, 4 pages) CASE NO. 01CW3(W-3987) THOMAS V. HEALY, 119 West Sixth Street, Pueblo, CO 81003 (Robert F. T. Krassa, Krassa, Madsen & Miller, Attorneys for Applicant, 1680 38th Street, Suite 800, Boulder, CO 80301-2611) Application for Finding of Reasonable Diligence Custer County 2. Name of Structure: Storage Tank to Wetmore No. 1 Well. 3. Describe conditional water right giving the following from the Referee s Ruling and Judgment and Decree: a. Date of Original Decree: February 28, 1975, Case No. W-3987, District Court, Water Division No. 2. b. Location: SW ¼ SE ¼ Section 9, Township 21 South, Range 69 West of the 6th P.M. in Custer County, Colorado (as corrected by Decree of this Court in Case No. 83CW123 entered May 18, 1984). c. Source: Wetmore No. 1 Well. d. Date of Appropriation: October 10, 1972; Amount: 0.614 acre feet or 200,000 gallons, conditional, together with the right to fill and refill until 362 acre feet have been so stored during any one calendar year. e. Use: Irrigation and Municipal. 4. Provide a detailed outline of what has been done toward completion or for completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the current diligence period which commenced September 1, 1994, the Applicant has continued construction of the water system which includes this storage facility, including improvements to the well, distribution system and facilities to deliver water to storage. In 1994, a 10,000 gallon concrete cistern was added at a cost of $10,600. In 1998, an ion exchange water conditioner and tank storage were added to the system to meet water quality requirements at a cost of $14,145. 2

Finally, in 1999, a steel storage tank with a capacity of 22,500 gallons was added to the system at a cost of $22,900. The Applicant has in all respects diligently worked toward placing this entire right to beneficial use. WHEREFORE, Applicant requests that a determination of reasonable diligence be made as to this water right. (Application, 3 pages) CASE NO. 01CW4(83CW10) TOWN OF MONUMENT, c/o Rick Sonnenburg, Town Manager, Post Office Box 325, Monument, CO 80132 (Robert F. T. Krassa, Krassa, Madsen & Miller, Attorneys for Applicant, 1680 38th Street, Suite 800, Boulder, CO 80301-2611) Application for Finding of Reasonable Diligence El Paso County, Colorado 2. Name of Structures: The conditional water right which is the subject of this Application is an exchange to the following wells: Monument Wells No. 1, 2, 3, 4, 5, QAL-3, QAL-4, QAL-5, QAL-6, QAL-7, QAL-8, QAL-3 (ALT), QAL-4 (ALT), QAL-5 (ALT), QAL-6 (ALT), QAL-7 (ALT), and QAL-8 (ALT), from Tri-Lakes Waste Water Facility, from distributed return flows and from Beaver Creek Wells A-1, A-2, A-3, LFH-1, LFH-2 and LFH-3. 3. Describe conditional water right giving the following from the Referee s Ruling and Judgment and Decree: a. Date of Original Decree: June 13, 1988 (First Amendment of Findings, Judgment and Decree); Case 83CW10, Water Division No. 2. b. Location of structures: The above referenced wells (except the Beaver Creek wells) are located in Sections 14, 15, and 16, Township 11 South, Range 67 West of the 6th P.M. in El Paso County, at specific locations described in the said Decree in Case 83CW10. The above referenced Beaver Creek wells are located in Sections 27, 28 and 29, same range and township, at specific locations described in the said Decree in Case 83CW10. The Tri-Lakes Waste Water Facility is located in the NW ¼ NE ¼ Section 27, same range and township. Said Decree may be inspected at the office of the clerk of this Court, and was also recorded on June 13, 1988 at Book 5518, page 1268, reception number 01713105 of the El Paso County Records. c. Source: the ultimate source of water exchanged is the nontributary Arapahoe and Laramie Fox Hills aquifers withdrawn from the said Beaver Creek wells. d. Date of Appropriation: December 30, 1982 for exchanges to Monument Wells 1, 2, 3, 4 and 5 with relative priority under CRS 37-92-306 based upon filing of application in calendar year 1982, and March 18, 1986 for exchanges to Monument Wells QAL-3 through QAL-8 and QAL-3 (ALT) through QAL-8 (ALT) with relative priority dates under CRS 37-92-306 based upon filing during calendar year 1986. Amount: 6.0 cfs, conditional. e. Exchange reach: Monument Creek, from the confluence with Beaver Creek in the NW ¼ SW ¼ Section 35, Township 11 South, Range 67 West of the 6th P.M. in El Paso County upstream to the SE ¼ Section 9, same range and township. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, which began July 1, 1994, 3

the Town has obtained decrees from this Court for the lawn return flow aspect of the subject cases. In addition, substantial work was done on the Town s water system of which this matter is an integral part. Well No. 7 was evaluated and rehabilitated. Well No. 8 was completed in the Arapahoe aquifer and equipped. Well No. 1 was redrilled and re-equipped. Well No. 2 and Well No. 3 were rehabilitated. During the diligence period, Monument has made over $2,000,000 of capital improvements on these and other components of its water system, all of which are necessary to accommodate and utilize the subject conditional rights. Monument has in all respects diligently worked toward placing this right to beneficial use. (Application, 4 pages) CASE NO. 01CW5(82CW212) TOWN OF MONUMENT, c/o Rick Sonnenburg, Town Manager, Post Office Box 325, Monument, CO 80132 (Robert F. T. Krassa, Krassa, Madsen & Miller, Attorneys for Applicant, 1680 38th Street, Suite 800, Boulder, CO 80301-2611) Application for Finding of Reasonable Diligence El Paso County, Colorado 2. Name of Structures: The conditional water right which is the subject of this Application is an exchange to the following wells: Monument Wells No. 4, 5, QAL-3, QAL-4, QAL-5, QAL-6, QAL-7, QAL-8, QAL-3 (ALT), QAL-4 (ALT), QAL- 5 (ALT), QAL-6 (ALT), QAL-7 (ALT), and QAL-8 (ALT), from Tri-Lakes Waste Water Facility, from distributed return flows and from Monument Wells A-1 and LFH-1. 3. Describe conditional water right giving the following from the Referee s Ruling and Judgment and Decree: a. Date of Original Decree: June 7, 1988; Case 82CW212, Water Division No. 2. b. Location of structures: The above referenced wells (except Monument Wells A-1 and LFH- 1) are located in Sections 14, 15, and 16, Township 11 South, Range 67 West of the 6th P.M. in El Paso County, at specific locations described in the said Decree in Case 82CW212. The above referenced Monument Wells A-1 and LFH-1 are located in Section 15, same range and township, at specific locations described in the said Decree in Case 82CW212. The Tri-Lakes Waste Water Facility is located in the NW ¼ NE ¼ Section 27, same range and township. Said Decree may be inspected at the office of the clerk of this Court, and was also recorded on June 13, 1988 at Book 5518, page 1250, reception number 01713104 of the El Paso County Records. c. Source: the ultimate source of water exchanged is the nontributary Arapahoe and Laramie Fox Hills aquifers withdrawn from the said Monument Wells A-1 and LFH-1. d. Date of Appropriation: December 30, 1982 for exchanges to Monument Wells 4 and 5 with relative priority under CRS 37-92-306 based upon filing of application in calendar year 1982, and March 18, 1986 for exchanges to Monument Wells QAL-3 through QAL-8 and QAL-3 (ALT) through QAL-8 (ALT) with relative priority dates under CRS 37-92- 306 based upon filing during calendar year 1986. Amount: 0.8 cfs, conditional. e. Exchange reach: Monument Creek, from the said Tri-Lakes Waste Water Facility in the NW ¼ NE ¼ Section 27, Township 11 South, Range 67 West of the 6th P.M. in El Paso County upstream to the SE ¼ Section 9, same range 4

and township. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, which began July 1, 1994, the Town has obtained decrees from this Court for the lawn return flow aspect of the subject cases. In addition, substantial work was done on the Town s water system of which this matter is an integral part. Well No. 7 was evaluated and rehabilitated. Well No. 8 was completed in the Arapahoe aquifer and equipped. Well No. 1 was redrilled and re-equipped. Well No. 2 and Well No. 3 were rehabilitated. During the diligence period, Monument has made over $2,000,000 of capital improvements on these and other components of its water system, all of which are necessary to accommodate and utilize the subject conditional rights. Monument has in all respects diligently worked toward placing this right to beneficial use. (Application, 4 pages) CASE NO. 01CW6 COMPLAINT. This is a complaint and is simply being listed CASE NO. 01CW7 COMPLAINT. This is a complaint and is simply being listed CASE NO. 01CW8 COMPLAINT. This is a complaint and is simply being listed CASE NO. 01CW9 COMPLAINT. This is a complaint and is simply being listed CASE NO. 01CW10 COMPLAINT. This is a complaint and is simply being listed THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or application as amended, may file with the Water Clerk a verified statement of opposition setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions, such statement of opposition must be filed by the last day of March 2001, (forms available at Clerk s office, must be submitted in quadruplicate, after serving parties and attaching a certificate of mailing, filing fee $45.00). The foregoing are resumes and the entire application, amendments, exhibits, maps and any other attachments filed in each case may be examined in the office of the Clerk for Water Division No. 2, at the address shown below. 5

--------------------------------------------------------------------------------------------------------- Witness my hand and the seal of this Court this day of February, 2001. (Court seal) Published: February, 2001 Mardell R. Cline, Clerk District Court Water Div. 2 203 Judicial Bldg., 320 W. 10th Street Pueblo, CO 81003 Tel. 583-7048 6