DISTRICT COURT, WATER DIVISION 6, COLORADO

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS

IN WATER DIVISION 6

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of SEPTEMBER, 2017.

17CW9 JACKSON COUNTY. Application for Surface Rights. Applicant: Mossman Ranch LLC; Shannon Mossman; PO Box 773117 Steamboat Springs, Co 80477; 970-723-4338. Name of Structure: Mossman Spring. UTM Coordinates: E0376564, N4479128, Zone. Legal Description: SE4, SW4, sec 26, T 6N, R 81W, 6th PM. Street address: 9721 Highway 14 Coalmont, Co 80430. Distance from section lines: 700 ft from S and 2175 ft from W. Source: Grizzly Creek. Date of Appropriation: EST. 1940. How Appropriated: Captured in Wood Box-Hauled in pails. Date water applied to use: 1940. Amount claimed: 5 gallons a minute-Absolute. Uses or proposed use: Stock water & Domestic, drinking, fire protection. Non-Irrigation: Stock water at 2 hydrants that already exist in corrals and stock and drinking water at 3 hydrants approximately 50 yards form corral. Landowner: Applicant

Case Number: 17CW3028(02CW107, 2010CW36). DISTRICT COURT, WATER DIVISION 6, STATE OF COLORADO, 1955 Shield Dr., P.O. Box 773117, Steamboat Springs, CO 80477.

970-879-5020. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF SIDNEY PEAK RANCH OWNERS ASSOCIATION, IN ROUTT COUNTY, COLORADO. APPLICATION TO MAKE WATER RIGHTS ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE.1. Name, mailing address, e-mail address, telephone number of applicant: Sidney Peak Ranch Owners Association, c/o Medora Fralick, Commercial Property Group, 3001 S. Lincoln Ave., Suite E, Steamboat Springs, CO 80487. (970) 879-1402; . Copies of all pleadings to: Steve Bushong, Corina A. Hach, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302. (303) 443-6800; ; . 2. Name of Structure: Brumback Pond. 3. Description of Conditional Rights for Brumback Pond: A. Decrees: The Brumback Pond water right described below was originally decreed in Case No. 02CW107 dated June 9, 2004, and later subject to the decree in Case No. 2010CW36 dated September 28, 2011, with both decrees entered by the District Court for Water Division 6. B. Legal Description: The Brumback Pond is a lined structure located off channel. By corrected legal description in Case No. 2010CW36, Brumback Pond is located in the SW ¼ NW ¼ of Section 19, T5N, R84W at a distance of 1,665 feet from the North section line and 1,068 feet from the West section line of said Section 19. C. Structures Used to Fill Brumback Pond: i.Brumback Ditch. By corrected legal description in Case No. 2010CW36, the Brumback Ditch is located in the SW ¼ SW ¼ of Section 24, T5N, R85W of the 6th P.M. at a distance of 18 feet from the south section line and 1,012 feet from the west section line of said section 24. Up to 5 cfs diverted into the Brumback Ditch headgate may be released into Brumback Pond under this water right. ii. Sidney Peak Trail Drainage. Inflow from the Sidney Peak Trail drainage, a small intermittent tributary to the Brumback Pond, is also used to fill the Pond under this water right. D. Source of Water: The Brumback Ditch diverts from Oak Creek, tributary to the Yampa River. The Sidney Peak Trail drainage is a tributary to Oak Creek. E. Appropriation Date: October 1, 2000. F. Amount: 22.5 acre-feet storage in Brumback Pond, with the right to maintain continuous freshening flows, maintain storage levels, and fill and re-fill the Pond, all at a maximum diversion rate of 5.0 c.f.s. The right to use the Brumback Ditch to divert up to 5.0 c.f.s. for the Brumback Pond is separate from water rights previously adjudicated to said Ditch. G. Beneficial Use: Water stored in the Brumback Pond was originally decreed absolute for recreation, aesthetic, piscatorial, wildlife, and evaporation, and originally decreed conditional for augmentation, replacement of historic return flows, irrigation, domestic, commercial, stock watering, fire protection, and equestrian. The beneficial uses are limited to uses within the Sidney Peak development that is and will be located in Sections 17, 18, 19, 20 and 30, T. 5 N., R. 84 W. and Sections 13, 24 and 25, T. 5 N., R. 85 W., all in Routt County, Colorado. The irrigation use is for approximately 75 acres. H. Subsequent Findings to Make Water Rights Absolute and for Reasonable Diligence. The decree entered in Case No. 2010CW36 found that water stored in Brumback Pond by inflows and diversions was absolute for stock watering and equestrian use in the full amount of decreed storage and diversion rate, and further found that reasonable diligence was established for the remaining conditional uses of augmentation, replacement of historic return flows, irrigation and fire protection and continued those conditional rights. Applicant did not seek to retain the conditional domestic and commercial uses in 2010CW36. I. Map. Exhibit A is a map showing the approximate location of the structures and lands that will be irrigated. 4. Description of Appropriative Rights of Exchange Associated with Brumback Pond. A. Decrees: The appropriative rights of exchange described below was originally decreed in Case No. 02CW107, dated June 9, 2004, and later subject to decree entered in Case No. 2010CW36, dated September 28, 2011. B. Description of Exchanges. Historic depletion credits associated with a portion of the Suttle Ditch irrigation rights changed by decree in Case No.00CW22, and contract releases from Stagecoach Reservoir under the decree in Case No. 00CW22, may be exchanged to Brumback Pond. The decreed point of diversion for the Suttle Ditch is on the West bank of the Yampa River on the SE 1/4 of the SE1/4 of Section 21, T. 5 N., R. 84 W. of the 6th P.M. in Routt County. Stagecoach Reservoir is located on the Yampa River in the SW 1/4 of the SE 1/4 of Section 29, T. 4 N., R. 84 W., of the 6th P.M. C. Exchange Reach. From the diversion point of the Suttle Ditch and/or from Stagecoach Reservoir, each described in paragraph 4.B, above, water will be delivered down the Yampa River to the confluence with Oak Creek, then exchanged up Oak Creek to the diversion point for the Brumback Ditch described in paragraph 3.C.i. D. Rate of Exchange. The maximum rate of each exchange is 5.0 c.f.s., conditional. E. Uses. Water exchanged to the Brumback Pond shall be used as described in Paragraph 3.G, above. F. Appropriation Date of Exchanges. For each exchange, the date the appropriation is December 31, 2002. G. Subsequent Findings of Reasonable Diligence. A decree was entered in Case No. 2010CW36 finding reasonable diligence was established for the foregoing appropriative rights of exchange and continuing that conditional right. 5. Claim to Make Absolute. Pursuant to C.R.S. § 37-90-301(4)(e), “[a] decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure.” By virtue of this statute, water stored in Brumback Pond by diversions through the Brumback Ditch and by inflow is claimed absolute in the full amount of decreed storage and diversion for augmentation, replacement of historic return flows, irrigation, and fire protection uses. In furtherance thereof, the Brumback Pond is available for augmentation under Case No. 00CW22 pursuant to the Lyon Ditch Condition therein. Exhibit B is a table of diversion records showing that the full decreed amount of 22.5 acre-feet was stored in Brumback Pond at multiple times during the diligence period. 6. Detailed outline of work done toward completion of the appropriation and application of water to beneficial uses. Alternatively, to the extent any portion of the remaining conditional Brumback Pond water right is not made absolute, reasonable diligence is sought for those conditional rights to retain said conditional rights. Diligence activities over the past six years include, but are not limited to, the following: (a) connected additional homes to the water system, making a total of ten homes plus the bunkhouse, equestrian center and barn that are now connected to the water system; (b) engaged consultants to explore ways to increase the water system production by inspecting the quality, quantity, and operations of the water system; (c) replaced the filter media in the water treatment plant in 2014; (d) drilled a new monitoring well under Permit No. 294939 to explore ground water and the possible conversion of that well to a production well and alternate point of diversion; (e) maintained headgates, creek banks, and ditches; (f) applied to the water court to make other water rights owned by Applicant absolute and for a finding of reasonable diligence in Case No. 15CW3039; (g) maintained the contract with the Upper Yampa Water Conservancy District for augmentation and exchange; (h) oversaw the sale and/or resale of lots, and continued marketing of the remaining lots (24 of the 32 lots have now been sold); and (i) completed significant road construction necessary for the buildout of the Sidney Peak Ranch development and the perfection of the conditional water rights. Applicant does not seek to retain the conditional status of the appropriative rights of exchange described above. 7. Name and Addresses of owners of land upon which any new diversion or storage structure or modified existing or storage structure is or will be located. The Brumback Pond is located on Applicant’s property. The Brumback Ditch is an old existing ditch and was not modified. Notwithstanding, Applicant notes that the headgate and a portion of the Brumback Ditch is located on land owned by Edwin and Shirley Andrew, 317800 County Road 35, Steamboat Springs, CO 80487. WHEREFORE, Applicant requests that the Court enter a decree finding that the Brumback Pond water right has been made absolute in the full decreed storage and diversion amounts for augmentation, replacement of historic return flows, irrigation, and fire protection uses. Alternatively, to the extent any of said uses are not made absolute to the full amount, Applicant seeks a finding that Applicant was reasonably diligent in perfecting said uses so that Applicant may retain the associated conditional water rights. Applicant also seeks such other and further relief as this Court deems just and proper. (6 pages + 2 exhibits)

You are hereby notified that you will have until the last day of NOVEMBER, 2017to file with the Water Court a Verified Statement of Opposition, setting forth facts as to why a certain Application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must be served on the Applicant or the Applicant’s Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $158.00, and should be sent to the Clerk of the Water Court, Division 6, 1955 Shield Dr. Unit 200, Steamboat Springs, CO 80487.

MARY ANN NINGER

CLERK OF COURT

ROUTT COUNTY COMBINED COURT

WATER DIVISION 6

/s/ Julie A. Edwards

Deputy Court Clerk