To All Persons Interested in Water Applications

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 OCTOBER, 2010.

10CW59 (9-22-1894, CA0062, CA1278) ROUTT COUNTY, Application for Change of Water Right. Name, address & phone # of applicant: James Floyd, 7 Sandalwood Dr., Houston, TX 77024, 713-278-9092 . Name of structure: Highland Ditch. Dates of original decrees: 9-22-1894 (9-22-1894), 8-30-1915 (CA0062), 9-1-60 (CA1278). Legal description: Routt County, NW/4 NW/4 Sec. 16, T4N, R89W of 6th PM, 946 ft. from N and 55 ft. from W Sec. line. Decreed source of water: Williams Fork River. Appropriation dates & amount decreed: 4-28-1889, 3.84; 4-1-1905, 4.92; 6-1-1943, 4.15. Decreed use: irrigation. Amount of water intended for change: 12.41. Detailed description of proposed change: Ditch is 4 miles long, use alternate points to be more effective with water. Extreme loss of water in 4 miles of the ditch. 5 alternate points will be used for irrigation on the same land as historically irrigated. 5 Changes in Point of Diverson: 1) Highland Ditch Alternate Point #1; Routt County, SW/4 SE/4 Sec. 31, T5N, R89W of 6th PM, 272 ft. from S and 1899 ft. from E. Sec. line; 2) Highland Ditch Alternate Point #2; Routt County, SW/4 SE/4 Sec. 31, T5N, R89W of 6th PM, 143 ft. from S and 2264 ft. from E Sec. line; 3) Highland Ditch Alternate Point #3; Routt County, SW/4 SE/4 Sec. 31, T5N, R89W of 6th PM, 1190 ft. from S and 2072 ft. from E Sec. line; 4) Highland Ditch Alternate Point #4; Routt County, NW/4 SE/4 Sec. 31, T5N, R89W of 6th PM, 2128 ft. from S and 2570 ft. from E Sec. line; 5) Highland Ditch Alternate Point #5; Routt County, SW/4, NW/4 Sec. 31, T5N, R89W of 6th PM, 2181 ft. from N and 786 ft. from W Sec. line. Name of landowner: same as applicant. Map available in Court file.

10CW60 (93CW45) ROUTT & MOFFAT COUNTY, Application for Change of Water Right. Name, address & phone # of applicant: James Floyd, 7 Sandalwood Dr., Houston, TX 77024, 713-278-9092 . Name of structure: Bennett Pump Site. Dates of original decrees: 12-31-93 (93CW45), Water Division 6. Legal description: SW/4 NW/4 Sec. 31, T5N, R89W of 6th PM, 1900 ft. from N and 100 ft. from W Sec. line. Decreed source of water: Williams Fork River. Appropriation Date: 6-16-93. Total amount decreed to structure: 2.5 cfs. Decreed use: irrigation. Amount intended to change: 2.5 cfs. Detailed description of proposed change: Alternate points of diversion are closer to the land irrigated. All land irrigated by the alternate point is the same land historically irrigated by the Bennett Pump site. Legal description for change in point of diversion: Moffat County, NE/4 NE/4 Sec. 36, T5N, R90W of 6th PM, 1450 ft. from N and 569 ft. from E Sec. line. Name of landowner: same as applicant. Map available in Court file.

10CW61 ROUTT COUNTY, Application for Water Rights (Surface). Name, address & phone # of applicants: Robert & Burga Nestora, 33617 Lone Pine Trail, Steamboat Springs, CO 80487, 917-664-8791 . Name of structure: Danvers Pump. Alternative Description (UTM): Northing 4467235, Easting 0347547, Zone 13. Source: Danver Creek of the Yampa River. Date of initiation of appropriation: 10/15/10. How appropriation was initiated: discussion of water rights with DWR. Amount claimed: 0.125 cfs, conditional. Proposed use: irrigation. # of acres proposed to be irrigated: 5. SE/4 Sec. 34, T5N, R84W. Name of landowners: same as applicant. Map available in Court file.

10CW62 (03CW38) ROUTT COUNTY, Application to Make Absolute. Name, address & phone # of applicant: Moody (Mel) Stewart, 390 River Rd., Steamboat Springs, CO 80487, 970-871-9143, . Name of structure: Stewart Irrigation Ditch (Diversion). Date of original decree: 11-8-04, 03CW38, Water Division 6. Legal Description: SE/4 NE/4 Sec. 17, T6N, R84W of 6th PM, 2600 ft. from N and 1200 ft. from E Sec. line. 390 River Road, Steamboat Springs, CO 80487, Adams Addition to SS, Lot 3-5 and N 10’ of Lot 6, Block 1. Source of water: Yampa River. Appropriation date: 6-5-03. Amount: 0.033. Use: irrigation of garden. Outline of what has been done toward completion of putting water to beneficial use: stationary pump into Yampa River, water applied w/hoses & sprinklers. If claim to make absolute, date water applied to beneficial use: 6-5-03; Amount: 0.033 cfs. Use: watering garden, lawn & plants. Name of Landowner: same as applicant. Map available in Court file.

10CW63 MOFFAT COUNTY, Application for Water Rights (Surface). Name, address & phone # of applicants: Kenneth & Linda Pattison, 3600 Caribou Dr. Fort Collins, CO 970-223-3767, . Name of structure: Out of the Muck spring. Legal description: Moffat County, SW/4 SW/4 Sec. 14, T11N, R90W of 6th PM, 1151 ft. from S and 675 ft. from W Sec. line. Street Address: 2316 West Loop, Baker Peak Ranches Subdivision, Lot 84. Source: unnamed tributary Willow Creek of Little Snake. Date of initiation of appropriation: 8-10. How appropriation was initiated: 7’ PVC vertical into spring. Date water applied to beneficial use: same. Amount claimed: .008 cfs. Use or proposed use: domestic not potable at this time. If non-irrigation, describe purpose fully: cabin water supply. Landowners: same as applicants. Map available in Court file.

10CW64 (83CW183, 88CW333, 95CW85, 01CW272) RIO BLANCO COUNTY, Application for Finding of Reasonable Diligence, Name, address & telephone # of applicant: Oscar S. Wyatt, Jr. 3355 West Alabama, Ste. 500 Houston, TX 77098. Attorney: John G. Nelson, 1624 Market St., Ste. 202, Denver, CO 80202 303-376-6227. Name of structure: Thompson Springs (spring). Date of original decree: 10-30-84 83CW183, Water Division 5. Subsequent decrees: 88CW333, 95CW85 & 01CW272, Division 5 Water Court. Location: NE/4 SW/4 Sec. 5, T1N, R99W of 6th PM, 2,375 ft. E of W line & 1,800 ft. N of S line of Section 5, Rio Blanco County. Source: a spring tributary to East Fork Greasewood Creek, tributary to Yellow Creek, tributary to White River. Appropriation date: 6-1-42. Amount: 0.11 cfs. Uses: livestock water, domestic, irrigation and industrial. Detailed outline of what has been done toward completion or for completion of beneficial use: This water right has been decreed absolute for livestock, domestic and irrigation purposes, and conditionally for industrial purposes. During this diligence period, Applicant has allowed various mining and oil/gas development contractors to haul water from the spring, based on demand. Applicant further has replaced and upgraded the pipe which draws water from the spring and takes to a trough, and cleaned and maintained the trough each season. Applicant has spent approximately $1,500 - $2,000 on this work. This application does not include a claim to make the water right absolute. Landowners: same as applicant.

You are hereby notified that you will have until the last day of DECEMBER, 2010 to 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, P.O. Box 773117, Steamboat Springs, CO 80477.

ROUTT COUNTY COMBINED COURT

WATER DIVISION 6

By: /s/ M. Rene Mattone

Court Judicial Assistant