10CW77-ROUTT COUNTY APPLICATION FOR WATER RIGHTS.

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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 resume(s) are Application(s) and/or Amended Application(s) filed in the office of Water Division 6, during the month of FEBRUARY 2011.

10CW77-ROUTT COUNTY APPLICATION FOR WATER RIGHTS. Name, address, telephone number(s) (residence and business) of applicant(s): James Borglund Robert Ellsworth P.O. Box 775510 Steamboat Springs, CO 80477 Ellsworth tele: (970) 879-4939 Borglund tele: (605) 390-5980 Direct all Pleadings to: Margaret O'Donnell Margaret O'Donnell, P.C. 602 Oak Street P.O. Box 773572 Steamboat Springs, CO 80477 I. APPLICATION FOR WATER RIGHTS (SURFACE) 1. Name of structure: Ellsworth North Springs, Numbers 1 and 2. 2. Legal description of location of each point of diversion: The following Springs are located in Section 2, Township 8 North, Range 86 West, 6th P.M., Routt County, CO, and are more specifically described below: a. Ellsworth North Spring No. 1 is located in the NE1/4 NE1/4 at a point 1,258 feet from the East Section Line and 1,597 feet from the North Section Line. b. Ellsworth North Spring No. 2 is located in the NE1/4 NE1/4 at a point 770 feet from the East Section Line and 1555 feet from the North Section Line. See Map, attached as Exhibit A, for both structures. 3. Source for Ellsworth North Springs Nos. 1 and 2: springs tributary to Dutch Creek Gulch, tributary to the Elk River, tributary to the Yampa River. 4. a. Date of initiation of appropriation: 10/11/1996 b. How appropriation was initiated: by formation of requisite intent to appropriate coupled with overt actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, purchase of property by Applicant. c. Date water applied to beneficial use: N/A. 5. Amount: .033 cfs, conditional, for Ellsworth North Springs, Nos. 1 and 2. 6. Use or proposed use: wildlife watering, stock watering for approximately 200 cattle and sheep. A. If irrigation, complete the following: N/A. B. If non- irrigation, describe purposes fully: The Ellsworth North Springs, Nos. 1and 2 provide water for wildlife watering and livestock watering for approximately 200 head of cattle and sheep on Applicant's property. 7. Name and address of owner of the land upon which any structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Applicants, for all structures applied for herein. Remarks: Applicant requests a decree confirming that all notice and jurisdictional requirements have been satisfied under C.R.S Section 37-92-302, approval of the applied for appropriation dates, and establishing the amounts and uses for the surface water rights applied for herein, and grant to Applicants such other relief as the Court deems just and proper.

You are hereby notified that you will have until the last day of APRIL, 2011 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

/s/: M. Rene Mattone By: M. Rene Mattone

Court Judicial Assistant

Published in The Steamboat Pilot & Today

Publication Date: March 20, 2011

10256363

Published in The Steamboat Pilot & Today Publication Date: March 20, 2011

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