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DISTRICT COURT, WATER DIVISION 1, COLORADO OCTOBER 2008 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of OCTOBER 2008 for each County affected. 08CW212 Diana Robins, P.O. Box 594, Elizabeth, CO 80107, Lisa S. Weinstein, Esq, #35668, c/o Colorado Water Plans, P.O. Box 1955, Elizabeth, CO 80107, Telephone (303) 646-3895 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON IN IN ELBERT COUNTY. 2. Well Permits: There is one well (151470) on the property. Appropriate well permits will be applied for when Applicant is prepared to drill additional wells. 3. The wells which will withdraw groundwater from the nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers and the not nontributary Upper Dawson aquifer are to be located on applicants land on NE/4 NW/4 and the North 220 feet of SE/4 NW/4 Section 36, Township 8 S, Range 65 West of the 6th P.M., Elbert County. The total area of water rights on the applicants land is 46.67 acres. No specific locations for the proposed wells are requested. Specific locations for additional wells will be provided when applications for well permits are submitted. 4. Source of Water Rights: The sources of the nontributary groundwater to be withdrawn are the, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. The source of the not nontributary groundwater to be withdrawn is the Upper Dawson aquifer. 5. Date of Appropriation: 8-11-1988. 6. Estimated Amounts (acre feet per year) and Rates of Withdrawal (gallons per minute): Upper Dawson (12.0 AF, 250 gpm), Lower Dawson (10.8 AF 150 gpm), Denver (16.2 AF 250 gpm), Arapahoe (16.2 AF 400 gpm) and Laramie-Fox Hills (16.2 AF 400 gpm) aquifers. Three acre feet per year of the not-nontributary Upper Dawson aquifer groundwater will be reserved for use through the one well (permit # 151470) that is being used for one future house, limited livestock or animal watering and future lawn or garden irrigation. 7. Well Field: The wells which will withdraw groundwater from the proposed Well Field are to be located on the Applicant’s property. The Applicant requests that the Court determine that the applicant has the right to withdraw all of the legally available groundwater from wells that may be completed in the future as the Applicant’s Well Field. 8. Proposed use: All water withdrawn will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: unified municipal water systems, municipal, domestic, industrial, commercial, irrigation, augmentation, stock watering, recreational, fire protection, water feature ponds and piscatorial habitat less than 1000 square feet, and wildlife. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 9. Jurisdiction: The Water Court retains jurisdiction over the the material in this application. 10. The use of not nontributary water from future wells shall be subject to judicial approval of an augmentation plan which will be applied for at such time as additional wells may be proposed and permitted. 11. Remarks: Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 5 plus an amount of groundwater in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of a decree, which ever occurs first, times the decreed average annual amount for that aquifer. 12. Number of pages of Application: 3 pages. 08CW213 VERIFIED COMPLAINT FOR COSTS AND PENALTIES, Plaintiffs: THE PEOPLE OF COLORADO, ex rel. DICK WOLFE, State Engineer for the State of

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Colorado, and JAMES (“JIM”) R. HALL, Division Engineer for Water Division No. 1 v. Defendants: Estate of Robert Hughes, Jim Roberts. 08CW214 VERIFIED COMPLAINT FOR COSTS AND PENALTIES, Plaintiffs: THE PEOPLE OF COLORADO, ex rel. DICK WOLFE, State Engineer for the State of Colorado, and JAMES (“JIM”) R. HALL, Division Engineer for Water Division No. 1 v. Defendants: Suzanne Mowery. 08CW215 VERIFIED COMPLAINT FOR COSTS AND PENALTIES: Plaintiffs: THE PEOPLE OF COLORAOD, ex rel. DICK WOLFE, State Engineer for the State of Colorado, and JAMES (“JIM”) R. HALL, Division Engineer for Water Division No. 1 v. Defendants: Harold Kautz Family Trust, Hernandez Farms, Inc. 08CW216 VERIFIED COMPLAINT FOR COSTS AND PENALTIES: Plaintiffs: THE PEOPLE OF COLORADO, ex rel. DICK WOLFE, State Engineer for the State of Colorado, and JAMES (“JIM”) R. HALL, Division Engineer for Water Division No. 1 v. Defendants: Monheiser Brothers, Inc., Josephine Monheiser, John Monheiser, Robert Monheiser, Bethany Monheiser. 08CW217 EDDIE B. AND SANDRA A. GALLEGOS, 2951 S. NEWLAND ST., DENVER, CO 80227-3522. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Structure: Gallegos Well. Date of original decree: October 9, 2002 in case no. 96CW650 in Water Division 1. Legal description: SE1/4, NW1/4, S23, T9S, R75W of the 6th PM at a distance 2620 feet from North and 1640 feet from West. Street address: 690 Chief Trail. Subdivision: Indian Mountain. Lot 26, Filing 8. Source: Groundwater. Appropriation Date: May 31, 1973. Amount: .033 cfs (15gpm) conditional. Use: Household use only in a single family dwelling not including irrigation. Intend to drill a well and put a there cabin at some point. 08CW218. Thomas G. Brown, 6207 Calle Vera Cruz, LaJolla, California 92037. Application for Finding of Reasonable Diligence in LOGAN,COUNTY. 2. Conditional Water Right. 2.1. Name of Structures. Three wells on Lots 7, 8 & 9, Columbine Acres Subdivision, Second Filing, Logan County, Colorado (Wells). 2.2. Decree. Case No. 01CW004, Water Division No. 1. 2.3. Legal Description of Diversion Points. The Wells are to be located on Lots 7, 8 & 9, Columbine Acres Subdivision, Second Filing in the Northwest Quarter of Section 35, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado. 2.4. Source of Water. Tributary alluvium of the South Platte River. 2.5. Appropriation. October 9, 2000. 2.6. Amount. For each well 15 g.p.m., conditional. 2.7. Use. For each well in-house use and irrigation of 6000 square feet of lawn. 3. Outline of What Has Been Done Toward Completion. The Wells are not yet drilled but when they are drilled will be augmented pursuant to the augmentation plan decreed in Case No. 01CW004. The Wells have not been drilled because Lots 7, 8 & 9 have not yet been purchased. Applicant desires to allow the new owners to determine the location of the Wells on each of the Lots. Applicant continues to market the Lots but due to economic circumstances beyond Applicant’s control sales of lots in Columbine Acres have been slow. Applicant has completed all roadwork in the subdivision in accordance with the specifications of Logan County at a cost of over $7000.00. 4. Claim for Finding of Reasonable Diligence. Pursuant to §37-92-304 C.R.S., Applicant seeks a finding of reasonable diligence for the conditional water rights for the Wells. 08CW219 SUSAN K. DONOVAN, 1910 Holly Street, Denver, CO 80220. Telephone: (303) 322-6036. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Date of Original Decree: December 30, 1996 in case no. 96CW999 in Water Division 1. Structures:

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Donovan Well #1 – Lot 32 located NW1/4, SE1/4, S23, T9S, R75W of the 6th PM at a distance 2050 feet from South and 3050 feet from West. Donovan Well #2 – Lot 61 located NW1/4, SE1/4, S23, T9S, R75W of the 6th PM at a distance 1800 feet from South and 2950 feet from West. Subdivision: Indian Mountain; Lots 32 and 61; Filing: 8. Source: Groundwater. Appropriation date: May 31, 1973. Amount: for each well, .033 cfs (15 gpm), Conditional. Use: For each well, household use only in a single family dwelling not including irrigation. The return flow from such uses shall be returned to the same stream in which the well is located. Nothing done at this time. Intent is the have one well on each lot. 08CW220 JAMES E. BYE, 4632 Smith Hill Rd., Golden, CO 80403. Telephone: (303) 582-9143. APPLICATION TO MAKE ABSOLUTE IN GILPIN COUNTY. Structure: Bye’s Pond. Original Decree: April 9, 2003 in case no. 02CW161 in Water Division 1. Legal description: NE1/4, SE1/4, S2, T3S, R72W of the 6th PM at a distance 3400 feet from North and 800 feet from East. Street Address: 4632 Smith Hill Rd. Appropriation date: Sept. 30, 1999. Amount: 1.2 acre feet. Use: Fire fighting water supply. Outline of what has been done toward completion: Construction of an earthen dam across a spring fed stream. Installation of a bentonite seal in ponded area. Installation of bottom drain and overflow tube. Claim to make absolute: Date water applied to beneficial use: 12-20-04. Amount: 1.2 acre ft. Description of place of use: Water storage on an existing spring fed stream tributary to Ralston Creek, adjacent to the residence of the owner. 08CW221 MARK AND SAMATHA HUNTLEY, 36973 S. CR 5, Elizabeth, CO 80107. Mailing address: PO Box 3242, Parker, CO 80134. Telephone: (303) 903-3269. APPLICATION FOR UNDERGROUND WATER RIGHT IN ELBERT COUNTY. Well, permit 81217, located NW1/4, NW1/4, S35, T7S, R65W of the 6th PM at a distance 400 feet from North and 525 feet from West. Street address: 36973 S. CR 5, Elizabeth, CO. Source: Groundwater. Depth: 368’. Date of appropriation: 10-07-1975. How appropriation was initiated: Applied for well permit. Date water applied to beneficial use: 10-28-75. Amount claimed: 12 gpm, Absolute. Name of Aquifer: Upper Dawson. Proposed Use: Area of lawns and gardens irrigated: 1/2 acre. All uses authorized by the Well Permit. Applicant desires to adjudicate all rights to the Denver Basin Aquifer under applicants land including the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills Aquifers underlying 10.6 acres in the NW1/4, NW1/4, S35. 08CW222 Mike O. Williams and Patricia A. Williams, 31736 County Road 17, Elizabeth, CO 80107, Lisa S. Weinstein, Esq , #35668, c/o Colorado Water Plans, P.O. Box 1955, Elizabeth, CO 80107, Telephone (303) 646-3895 APPLICATION FOR CHANGE OF WATER RIGHTS IN ELBERT COUNTY. 2. Decreed name of structure for which change is sought: B Upper Dawson aquifer which underlies applicants’ property B. There are no other water rights diverted from this structure. Applicants will apply for a well permit upon the Court entering a Decree for Change of Water Right and upon approval of the Augmentation Plan. 3. Previous Decree: (a) A Decree in Case No 96CW95 was entered by the Water Court, Water Division 1,on October 8, 2003. (b) Decreed point of diversion: The decree in 96CW95 adjudicates water in the Denver Basin aquifers underlying 41.124 acres of land on applicants’ property A and 19.4 acres of land on applicants’ property B. No specific well locations were identified in the decree. Property A is located at S1/2 S1/2 NW1/4 Section 29, T8S,R64W of the 6th P.M., Elbert County. Property B is located at N1/2 SW1/4 NE1/4, Sec. 29, T8S, R 64 W of the 6th P.M., Elbert County. (c) Sources and amounts decreed: A Upper Dawson, 11.5 AF/yr; A Lower Dawson, 8.2 AF/yr; A Denver, 17.5 AF/yr; A Arapahoe, 14.7 AF/yr; A Laramie—Fox Hills, 14.8 AF/yr; B Upper Dawson, 5.8 AF/yr; B Lower Dawson, 3.9; B Denver, 8.2 AF/yr; B Arapahoe, 6.9 AF/yr; B Laramie-Fox hills, 6.7 AF/yr. (d) Appropriation Date: April 29, 1996 4. Water rights to be changed: Applicants seek to obtain a well permit for a well that existed on

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Property B when purchased by Applicants in 1989. No determinations were made concerning the water for the well in Case No. 96CW95. Applicants do not seek to change any aspect of the decree in Case No 96CW95 with regard to any aquifer other than the B Upper Dawson aquifer. Applicants propose to vacate the 96CW95 decree as to 3 acre feet per year of water from the B Upper Dawson for use for one household; for less than 10,000 square feet of lawn and garden; and for poultry and livestock consisting of 4 large domestic animals, pursuant to 37-92-602(1)(b) and 37-92-602(6), CRS. No other water rights are diverted from this structure. The well location is 1693 feet from the North Section Line and 1739 feet from the East Section Line in the SW quarter of the NE quarter, S29, T8S, R64W of the 6th P.M., Elbert County. 5. Plan for Augmentation: a. All or part of the B Upper Dawson aquifer as requested and as described in paragraph 3 above is calculated using a 100 year pumping period. b. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. c. Statement for Plan of Augmentation: Applicants will use the Upper Dawson water for in-house use for one residence, irrigation of home lawn and garden and trees of less than 10,000 square feet (.23 acres), and watering for poultry and livestock on Applicants’ Property B. The well will operate at rates of flow necessary to withdraw the amount decreed in Case No. 96CW95. In-house use will require approximately 0.7 acre-feet per year, poultry and livestock will require approximately .3 acre-feet per year, and irrigation will require approximately 2.0 acre feet per year for irrigation of home lawn and garden, or trees anywhere on the Applicants’ Property B. Sewage treatment for in-house use will be provided by a non-evaporative septic system. Applicant estimates that approximately 90% of the water used for in-house use and 10% of water used for irrigation use will return to the stream system. Stock watering and fire protection are 100% consumptively used. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Running Creek-Box Elder Creek stream system. Return flows from use of the subject water rights by that stream system will accrue to the Running Creek stream system and those return flows are sufficient to replace actual depletions while the subject ground water is being pumped. Applicants will reserve the nontributary Laramie-Fox Hills underlying the Applicants’ Property B to meet post pumping augmentation requirements, but reserves the right to substitute the use of other nontributary groundwater, including return flows, either underlying the Applicants’ Property B, or from another location which is legally available for such purpose, for replacement of post-pumping depletions at such time that post-pumping depletions may begin. 6. Remarks: Applicants claim the right to withdraw more than the average annual amounts in paragraph 3 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. Applicants will withdraw all or part of the not nontributary Upper Dawson aquifer groundwater as requested under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. Applicants requests the maximum allowable acre feet for the B Upper Dawson Aquifer, located underneath Applicants’ property B. 6. Number of pages of Application: 5 pages. 08CW223 (88CW074; 01CW073) CONCERNING THE APPLICATION FOR WATER RIGHTS OF ST. VRAIN & LEFT HAND WATER CONSERVANCY DISTRICT and COUNTY OF BOULDER. APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE, OR IN THE ALTERNATIVE, FOR A FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 1. Name, address and telephone number of Applicants: St. Vrain & Left Hand Water Conservancy District, c/o Leslie J. Williams, Executive Director, 9595 Nelson Road, Box C, Suite 203, Longmont, CO 80501, 303-772-4060; County of Boulder, c/o Ron Stewart, Director, Parks & Open Space Department, 5201 St. Vrain Road, Longmont, CO 80503, 303-678-6700 (Collectively, the “Applicants”). Serve all pleadings on: Jeffrey J. Kahn, Esq., Scott E. Holwick, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978. 2. Name of structure: Rock’n WP Ranch Lake No. 4 (“Lake

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No. 4”). 3. Description of conditional water right: a. Original Decree: The conditional water right for Lake No. 4 was originally decreed in Case No. 88CW074 on May 3, 1995, by District Court, Water Division No. 1, Weld County. b. Legal Description: The center point of Lake No. 4, which has a surface area of approximately 40 acres, is located 2,040 feet south of the north section line and 2,040 feet east of the west section line, Section 27, Township 3 North, Range 70 West, 6th P.M., Boulder County, Colorado. c. Source: St. Vrain Creek (as more particularly described in the original decree). d. Appropriation: i. Date of appropriation: April 23, 1992. ii. Amount: 880 acre-feet at a maximum rate of 300 cfs, CONDITIONAL. e. Uses: Augmentation, replacement and exchange, irrigation, industrial, recreational, and fish and wildlife preservation and propagation (as more particularly described in the original decree). 4. Claim to make a portion of the Conditional water right Absolute: The Applicants seek a decree in the amount of 574.43 acre-feet at a maximum fill rate of 50 cfs, ABSOLUTE, for recreational use within, and for fish and wildlife preservation and propagation within and along the shores of Lake No. 4. In support of its claim to a portion of the conditional water, ABSOLUTE, the Applicants state that from May 26, 1996 until June 1, 1996, the Applicants’ predecessor-in-interest diverted in priority 574.43 acre-feet into Lake No. 4 and subsequently put the water to the beneficial uses claimed herein. 5. Claim of diligence: In the alternative, the Applicants seek a decree finding that they have been diligent with respect to completing the appropriation of the Lake No. 4 conditional water right described in paragraph 3, above, and seek a decree allowing them to continue this CONDITIONAL water right for another six-year diligence period. The Applicants have defended the priority of this water right in Water Court, Division No. 1 by filing statements of opposition to water rights applications which could injure the Applicants’ conditional water right. The Applicants spent approximately $7,400.00 maintaining the condition of Lake No. 4 and the lands surrounding it during the diligence period. Boulder County has adopted the St. Vrain Trail Master Plan which includes Lake No. 4 and its surrounding property and also has adopted the St. Vrain Creek Corridor Open Space Management Plan which similarly includes Lake No. 4 and its surrounding property. The construction of Lake No. 4, including its inlet and outlet works, has been completed. The Applicants have been diligent in trying to fill Lake No. 4 in priority. Perfecting this CONDITIONAL water right will depend upon future hydrologic conditions. 6. Name(s) and address(es) of owner(s) of the land upon which any new 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: The Applicants are the owners of the land on which Lake No. 4 is located. 08CW224 ANDY VIKSNE, 3031 White Peaks Court, Castle Rock, CO 80104. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Structure: Viksne Well. Date of original decree: Oct. 11, 2002 in case no. 96CW812 in Water Division 1. Legal description: NW1/4, SE1/4, S23, T9S, R75W of the 6th PM at a distance 1960 feet from South and 2560 feet from East. Street Address: 379 Atoka Drive. Subdivision: Indian Mountain, Lot 62, Filing 8. Appropriation date: 05-31-1973. Amount: .033 cfs (15 gpm), conditional. Use: Household use only.

08CW225 (Boulder County CA 20716, W-2813, W-2813-79, 84CW005, 88CW017, 01CW155) CONCERNING THE APPLICATION FOR WATER RIGHTS OF BRAND & COMPANY, A PARTNERSHIP. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 1. Applicant: Brand & Company, c/o Robert C. Brand, 15500 North 95th, Longmont, CO 80504, 303-776-0625. Serve all pleadings on: Jeffrey J. Kahn, Esq., Scott E. Holwick, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978. 2. Name of structure: Knouth Reservoir Second Enlargement. 3. Describe conditional water right: A. Date of Original Decree: February 26, 1971, Civil Action No. 20716, Boulder County District Court. B. Legal Description: The SE1/4 NE1/4 and the NE1/4 SE1/4 of Section

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12, Township 3 North, Range 70 West of the 6th P.M. and the N1/2 SW1/4 NW1/4 of Section 7, Township 3 North, Range 69 West of the 6th P.M., Boulder County, at a point whence the SW corner of Section 7 bears South 5º30’ East 1,677 feet. C. Source: St. Vrain Creek through Supply Ditch. D. Date of Appropriation: April 1, 1962. E. Amount: 541.25 acre feet CONDITIONAL. F. Use: Irrigation and domestic. 4. Claim for Diligence: During the diligence period, the Applicant spent approximately $3,500 to form the Knouth Reservoir Corporation, approximately $3,500 to drill test holes to determine how much dirt needed to be removed for the reservoir enlargement, and paid URS Engineers approximately $35,000 to conduct a preliminary design and feasibility study for the reservoir enlargement. The Applicant also obtained a $1,000,000 loan from the Colorado Water Conservation Board to complete the construction of the enlargement. Additionally, the Applicant, in coordination with the Division Engineer, temporarily filled Knouth Reservoir to test the outlet works and to map the seepage prior to commencing construction on the Second Enlargement. 5. Name and address of owner of the land upon which any new 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 pool: The Applicant is the owner of the land on which the reservoir is located. WHEREFORE, the Applicant requests the Court to continue the conditional water right for Knouth Reservoir Second Enlargement for an additional six years.

08CW226 Water Division 1, Concerning the Application for Approval of Plan for Augmentation of City and County of Denver, acting by and through its Board of Water Commissioners (“the Board”) in ARAPAHOE, DENVER, DOUGLAS, and JEFFERSON COUNTIES. 1. Patricia L. Wells, General Counsel, Michael L. Walker, No. 2828, Casey S. Funk, No. 11638, Daniel J. Arnold, No. 35458, Attorneys for Applicant, the City and County of Denver, acting by and through its Board of Water Commissioners. Address: 1600 West 12th Avenue, Denver, Colorado 80204-3412, Phone: 303-628-6460, Fax: 303-628-6478. 2. Name of structure(s) to be augmented: Inverness Wastewater Facility, NE1/4 SW1/4 Sect. 26, T.5S, R. 67W, Arapahoe County, Colorado, as otherwise located at 70 Inverness Lane East, Englewood, Colorado 80112. 3. Are there other water rights diverted from this structure? No water rights will be diverted from this structure. 4. Previous decree(s) for water right(s) to be used for augmentation: a. Beery Ditch (Case No. W-7739-74), Appropriation Date: June 15, 1861. Pursuant to this decree, Applicant is entitled to divert and consumptively use 1,600 acre feet annually. b. Four Mile Ditch (Case No. 80CW313), Appropriation Date: June 1, 1868. Pursuant to this decree, Applicant is entitled to divert and consumptively use 544 acre feet annually. c. Brown Ditch (Case No. 86CW014), Appropriation Date: November 30, 1862. Pursuant to this decree, Applicant is entitled to divert and consumptively use 158 acre feet annually. d. Nevada Ditch (Case No. 90CW172), Appropriation Dates: Priority No. 4 -August 30, 1861; Priority No. 19 - December 30, 1865. Pursuant to this decree, Applicant is entitled to divert and consumptively use 1,209 acre feet annually. e. Last Chance Ditch (Case No. 92CW014), Appropriation Dates: Priority No. 14 - December 30, 1863; Priority No. 39 - March 3, 1868. Pursuant to this decree, Applicant is entitled to divert and consumptively use 242 acre feet annually. f. Pioneer Union Ditch (Case No. 91CW100), Appropriation Dates: Priority No. 5 - December 10, 1861; Priority No. 11 - September 1, 1862. Pursuant to this decree, Applicant is entitled to divert and consumptively use 498.6 acre-feet annually. g. Hodgson Ditch (Case No. 91CW102), Appropriation Date: Priority No. 3 - June 1, 1861. Pursuant to this decree, Applicant is entitled to divert and consumptively use 44 acre-feet annually. h. Harriman Ditch (Case No. 91CW103), Appropriation Dates: Priority No. 23 – March 16, 1869; Priority No. 25 – May 1, 1871; Priority No. 30 – March 1, 1882. Pursuant to this decree, Applicant is entitled to divert and consumptively use 615.3 acre-feet annually. i. Robert Lewis Ditch (Case No. 91CW105), Appropriation Date: Priority No. 19 - October 1, 1865. Pursuant to this decree, Applicant is entitled to divert and consumptively use 207.78 acre-feet annually. j. Simonton Ditch (Case No. 91CW106), Appropriation Date: Priority

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No. 2 – December 25, 1860. k. Warrior Ditch (Case No. 91CW109), Appropriation Dates: Priority No. 4 - December 1, 1861; Priority No. 8 - April 16, 1862; Priority No. 14 -October 31, 1864. Pursuant to this decree, Applicant is entitled to divert and consumptively use 939.1 acre-feet annually. l. Blue River Diversion Project (Water District No. 36, Summit County Case Nos. 1805 and 1806 and Consolidated Case Nos. 2782, 5016, and 5017, U.S. District Court), Appropriation Date: June 24, 1946. m. Straight Creek Conduit of the Roberts Tunnel Collection System (Water District No. 36, C.A. No. 2371), Appropriation Date: January 21, 1957. n. Fraser River and Williams Fork Diversion Projects (Water District No. 51, Grand County, C.A. No. 657), Appropriation Date: July 4, 1921. This source may be used as a replacement supply under this plan to the extent allowed by the 1940 Agreement except as otherwise modified. o. Darling Creek Extension of the Williams Fork Diversion Project (Water District 51, Grand County, C.A. No. 1430), Appropriation Date: August 26, 1953. p. Moffat Tunnel Collection System (Water District No. 51, Grand County, C.A. No. 1430), Appropriation Date: August 30, 1963. q. Hamilton-Cabin Creek Ditch, Extension and Enlargement of Hamilton-Cabin Creek Ditch, Meadow Creek Reservoir (Water District No. 51, Grand County, C.A. No. 657), Appropriation Date: July 2, 1932. r. LFH-1 Well (Permit Nos. 32363-F and 35393-F), withdrawing non-tributary water from the Laramie-Fox Hills Aquifer, decreed in Case No. 88CW149, W.D.1 for an average annual amount of 141 acre-feet. s. Applicant can also release water from the above referenced sources stored in Chatfield Reservoir, Soda Lakes Reservoirs and Harriman Reservoir or discharged from the Metro Wastewater Treatment Plant or Littleton/Englewood (“Bi City”) Wastewater Treatment Plant in the amounts necessary to replace out-of-priority depletions that may result from water treated by Inverness Water and Sanitation District. 5. Historic use: A summary of records of actual diversions of each right to be used for augmentation listed above in paragraphs 4.a. through 4.s. is attached hereto as Exhibit A. Applicant’s reusable sources have historically been used in the Denver Metropolitan Area. 6. Statement of plan for augmentation, covering all applicable matters under §37-92-103(9), 302(1)(2) and 305(8), C.R.S. Applicant entered into a contract to serve water to the Inverness Water and Sanitation District (“Inverness”) on February 21, 1990 and the Castlewood Water and Sanitation District (“Castlewood”) on May 1, 2002. The effluent from Inverness and a portion of the effluent from Castlewood is treated at the Inverness Wastewater Facility. Effluent from the plant is stored in reservoirs throughout the Inverness District and is fully consumed by Inverness for municipal irrigation and other forms of municipal use. Applicant seeks approval of a plan for augmentation to replace the depletions from the portion of water supplied by Applicant to Inverness and Castlewood that is non-reusable that is treated at the Inverness Wastewater Facility as it exists now, or may exist in the future. This plan proposes to replace depletions at or above the Metro Wastewater Treatment Plant (“Metro Plant”) at times when the call on the South Platte River downstream of the Metro Wastewater Reclamation District Outfall (“Metro”) is senior to the date of this application. Because the in-basin water supplied under these contracts is diverted from the South Platte River and no return flows have historically accrued to any other basin, depletions will be replaced to the South Platte River below Metro. A map of Inverness and a map of Castlewood as served by Inverness are depicted in Exhibit B and C, respectively. 7. Names and address of owner or reputed owner of the land upon which any new 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: Inverness Wastewater Facility, 70 Inverness Lane East, Englewood, Colorado 80112. 08CW227 STEVE AND MARY DIBBLE, 1038 S. River Dr., Dewey, AZ, 86327. Telephone: (928) 632-7614. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Structure: Mitchell Well. Date of original decree: Dec. 30, 1996 in case no. 96CW887 in Water Division 1. Legal Description: NW1/4, SW1/4, S26, T9S, R75W of the 6th PM at a distance 2580 feet from South and 700 feet from West. Street Address 80 Longbow Ct. Subdivision: Indian

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Mountain, Lot 14, Filing 20. Source: Groundwater. Appropriation date: May 31, 1973. Amount: .033 cfs (15 gpm) Conditional. Use: Household, single family, not including irrigation. Depth: Unknown. Property purchased, title completed, single family use pending and well drilling pending. 08CW228, GREELEY WASHOUT, INC., C/O ED DUGGAN, P.O. BOX 340, WINDSOR, COLORADO 80550 (970) 686-7403. Application for Change of Well Location, in WELD COUNTY. 2. Name of Structure: Farr Farms Well #9-3 (WDID 3-5210). 3. Original Decree: a. Case No. W-5769, Water Division No. 1, b. Adjudication date: December 18, 1973, c. Appropriation date: March 31, 1914, d. Decreed Location: In the SE 1/4 of the SE 1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 1300 feet North and 625 feet West of the SE Corner of said Section 4, e. Source: Groundwater, f. Decreed flow rate: 1.114 c.f.s., absolute, g. Decreed Use: Commercial, h. Well Permit: 13065R. 4. Change of well location: The subject well is located more than 200 feet from the decreed location. Applicant seeks to change the decreed location to the actual location of the well. The correct location is as follows: In the SW 1/4 SE 1/4 Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 360 feet North and 1610 feet West of the SE Corner of said Section 4. Upon entry of a decree approving this application, Applicant will apply to the Colorado Division of Water Resources to obtain a new well permit reflecting this corrected location. 5. Name and address of owner of land on which structure is located: Applicant owns the structure and the land upon which structure is located. 3 pages. 08CW229 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS AND IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN DOUGLAS COUNTY. 1.Name, Address, Telephone Number of Applicant:Denise Griffith, 8550 Spring Valley Road, Franktown, CO 80116, through her Attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702; 2.Well Permits: Well permits will be applied for prior to construction of the wells; 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 108.2 acres of land located in part of the S1/2 of Section 27, T9S, R66W of the 6th P.M., as described and shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S.; 4.Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S.; 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 240 feet 52 acre-feet (NNT) Lower Dawson 120 feet 25 acre-feet (NT) Denver 315 feet 57 acre-feet (NT) Arapahoe 393 feet 72 acre-feet (NT)

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Laramie-Fox Hills 203 feet 32 acre-feet (NT) Applicant will reserve part of the Upper Dawson aquifer water which may be available for use through existing and new exempt wells; 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S.; 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes; 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S.; 9.Remarks: A.Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein. B. The groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater, and the groundwater in the Upper Dawson aquifer is not nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. 08CW230 VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF, COSTS AND PENALTIES. Plaintiffs: THE PEOPLE OF COLORADO, ex rel. DICK WOLFE, State Engineer for the State of Colorado, and JAMES (“JIM”) R. HALL, Division Engineer for Water Division No. 1 v. Defendants: FORT MORGAN FARMS, LLC, ROBERT L. GRAVES. 08CW231, MX2 ENTERPRISES, LLC, a Colorado Limited Liability Company (“MX2”), 7038 South Irvington Court, Aurora, Colorado 80016, Attorney John M. Dingess, Esq, Duncan, Ostrander & Dingess, P.C., 3600 South Yosemite Street, Suite 500, Denver, Colorado 80237-1829, Application For An Alluvial Ground Water Right And A Plan For Augmentation in LOGAN COUNTY. 2. Background: A. Applicant seeks a conditional water right for an alluvial well and approval of a plan for augmentation for replacement of stream depletions caused by the use of said ground water. Water pumped from the alluvial well during the winter months will be placed in a recharge pond to provide for a migratory fowl hunting area. The subject area is generally located in §34-T9N-R52W, 6th P.M. in Logan County Colorado. The recharge pond, known as MX2 Recharge Pond, was previously the subject of the decree entered in Water Division 1, Case No. 03CW195, Sterling No 1 Ditch Recharge Project. B. For the alluvial well, Applicant seeks to appropriate tributary water under a junior priority claim to pump the well during the months of September through February annually. Applicant seeks approval of an augmentation plan that is designed to fully replace all out-of-priority stream depletions caused by the use of such structure. Claim for Conditional Underground Water Rights 3. Appropriation of Conditional Water Rights. Conditional water rights are claimed for the structure named MX-

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2 Alluvial Well as follows: A. Well Permit: An application for a well permit will be made contemporaneously with the filing of a substitute water supply plan that Applicant will file after filing this Application. B. Legal Description of Well: SW1/4 NE1/4 of Section 34, Township 9 North, Range 52 West, 6th P.M. Logan County, Colorado, 2,250 feet from the North Section Line and 1,500 feet from the East Section Line. C. Source: The alluvium of the South Platte River. D. Depth: To be determined. E. Date of Appropriation: March 2, 2008. F. How Appropriation Was Initiated: MX2’s intent to appropriate was evinced by its contacting legal representatives to implement this project on February 6, 2008. Said actions demonstrate the intent to claim a conditional water right and to augment all out of priority diversions made at the structure. Applicant conducted field activities to locate the well site on March 2, 2008. G. Date Applied to Beneficial Use: Not Applicable – Conditional Rights Requested. F. Amount Claimed: 1,000 gpm, for pumping of up to 550 acre-feet annually, Conditional. G. Uses: Fish, live stock and wildlife (including water fowl) propagation for private and commercial purposes, storage, recharge and augmentation. H. Location of Use: MX-2 Recharge Pond located in the NW1/4 SE1/4 of Section 34, Township 9 North, Range 52 West, 6th P.M. Logan County Colorado. I. Owner of Land where Well will be Located: Applicant (address listed above). See General Location Map, Exhibit A to the Application, for location of all structures. Plan For Augmentation 4. Structure to be Augmented: MX-2 Alluvial Well. No other water rights will be diverted from this structure. 5. Previous Decree for Water Right used for Augmentation A. Name: SIC Recharge/Reservoir Site No. 5 (MX2 No. 1) B. Date Entered: February 21, 2006. C. Case No.: 2003CW195. D. Court: Water Division 1. E. Type: Surface water rights decreed for recharge and augmentation purposes. F. Legal Description of Points of Diversion or Place of Storage: MX-2 Recharge Pond is located in the NW1/4 SE1/4 of Section 34, Township 9 North, Range 52 West of the 6th P.M., Logan County, Colorado; Sterling Irrigation Canal Point of Diversion is located in the NW1/4 of Section 25, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado at the diversion works of the Sterling Irrigation Company Ditch; Sterling 19 Seep Point of Diversion is located in the SE1/4 SW1/4 of Section 19, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, where Section 19 Draw is intercepted by the Sterling Irrigation Ditch. G. Source: South Platte River. H. Appropriation: Sterling Irrigation Canal: March 20, 2003; Section 19 Seep: March 31, 2004 I. Decreed Use: Subject to the limitations set forth in paragraph 25 of Case No. 03CW195, water is decreed for augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. Absolute amounts are for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. All other uses are conditional. 6. Historic Use: The MX-2 Recharge Pond is utilized by Sterling Irrigation Company and the Applicant. Records of diversions to the MX-2 Recharge Pond are available from 2005 through 2007. Exhibit B to this Application summarizes those diversion records. Use occurred at the MX2 Recharge Pond depicted on Exhibit A to the Application. 7. Plan Operation: The requested alluvial well water right will be pumped between the beginning of September through the end of the following February of each year. Water from this well will be conveyed via pipeline without loss to the MX-2 Recharge Pond. The MX-2 Recharge Pond was adjudicated as a structure for the return of water to the South Platte River alluvium in Case No. 03CW195. The storage capacity of said pond is 15 acre-feet with a surface area of five acres. This plan for augmentation does not seek any changes to the Decree in Case No. 03CW195. Under this plan for augmentation the Applicant purposes to maintain the water level at the pond during the winter water fowling season as an attractant to migratory bird species. The Applicant has estimated that total consumptive use associated with this use of the water is approximately 3 acre-feet per year resulting from the evaporation from the Pond’s surface. All other water pumped from the well will, as the pond’s name indicates, recharge the alluvium of the South Platte River. This pumping and immediate recharge of the South Platte River alluvium will not decrease water availability to other water users so long as the total consumptive use amount of

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approximately 3 acre-feet per year is replaced. The Applicant has a contract with the Sterling Irrigation Company for 20% of the water recharged that said company recharges to the South Platte Rive alluvium through the MX-2 Recharge Pond. This water is provided pursuant to the Decree in Case No. 03CW195 during the summer months. This augmentation source is not otherwise used or needed to replace other depletions and is available to the Applicant. 8. Remarks: The Applicant’s consultants have completed various studies required pursuant to the terms and conditions of the Decree in 03CW195 and all necessary notices have been given by providing a copy of this Application to all parties in said case. All out of priority well depletions shall be replaced in time, location, and amount, in a manner that will not injuriously affect the owner or persons entitled to use the water under a vested water right or decreed conditional water right. The Applicant will also be able to replace all out of priority stream depletions, if any, that may occur after diversions with the subject well cease. The well requested in this Application shall be equipped with a totalizing flow meter to determine monthly and annual amounts pumped. Pumping from the well shall be recorded on a daily basis on an accounting form that shall be provided to the Division Engineer for Water Division 1 or his designated representative as frequently as requested. Applicant will perform all the necessary accounting functions and make reports to the Division Engineer as requested. 9. Owner of Land Upon Which Structures Are Located: Applicant (address listed above). See General Location Map, Exhibit A to the Application. WHEREFORE, Applicant MX2 requests this Court to enter a decree granting the Application for the conditional appropriation requested and approving the augmentation plan as described hereinabove. FURTHER, Applicant prays the Court grant such other relief as it deems just and proper in this matter. Application is 7 pages plus exhibits. 08CW232 Applicant: John B. Jensen, 5901 S.W. Frontage Road, Fort Collins, CO 80525, (970) 223-2369 (resident), (970) 289-6000 (business). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Future correspondence and pleadings to: Sara J.L. Irby, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970)407-9000. 2. Structure: Harris Reservoir A. 3. Conditional water right: A. Date of Original Decree: October 31, 2002, Case No. 01CW109, District Court, Water Division One, Weld County, CO. B. Legal description: i. The reservoir is located in a portion of the S1/2 of the NW1/4, Sec, 10, T6N, R68W of the 6th P.M., Larimer County, CO. ii. The outlet structure is an outlet tube. The center line of the outlet tube along the axis of the proposed dam is located at a point described as 2260.7 feet South and 1849.8 feet East from the NW corner of Sec. 10, T6N, R68W of the 6th P.M., Larimer County, CO. C. Source: Waters flowing in the unnamed draw collected in the draw above the headgate of the Spring Cañon Waste Way Ditch from runoff, return flows, seepage, waste and precipitation. The unnamed draw is tributary to the Cache La Poudre River. It heads in the NW1/4 of Sec. 1, T6N, R69W of the 6th P.M., Larimer County, CO. In addition to these waters, which will be diverted into Spring Cañon Waste Way Ditch from the draw, another source is water from runoff, return flows, seepage, waste and precipitation that run into the Spring Cañon Waste Way Ditch along its course from its headgate on the unnamed draw to the takeout point for delivery of water to Harris Reservoir A. The sources are tributary to the Cache La Poudre River. D. Points of diversion: The reservoir is filled by the Spring Cañon Waste Way Ditch, a/k/a Spring Canyon Waste Way Ditch, a/k/a Spring Canon Waste Way Ditch, a/k/a Spring Cañon Wasteway Ditch, a/k/a Spring Canyon Wasteway Ditch, a/k/a Spring Canon Wasteway Ditch, which diverts from an unnamed draw. The headgate of the Spring Cañon Waste Way Ditch is at a point North 45° 35’ West 2845 feet from the East quarter corner of Sec. 9, T6N, R68W of the 6th P.M., Larimer County, CO, from which point the general course of the ditch is southeasterly. A short unnamed ditch carries water from the Spring Cañon Waste Way Ditch to the reservoir. E. Rate of diversion: 4.5 c.f.s. F. Surface area of high water line: 9.4 acres. G. Appropriation date: March 2, 1987. H. Amount of water claimed: 200 a.f., CONDITIONAL. I. Uses: i. Stock watering, irrigation, recreation, fish rearing, wildlife

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habitat and propagation, and augmentation for use by Applicant. The lands to be irrigated are 14 acres in total size, consisting of four areas of pastureland, as well as some trees, located within the S1/2 of the NW1/4 of Sec. 10, T6N, R68W of the 6th P.M., Larimer County, CO. ii. Applicant also has the CONDITIONAL right to one refill annually of up to 200 acre feet from the decreed source during any particular year if done in priority. 4. Detailed outline of diligence: During this diligence period Applicant continued to develop the Harris Reservoir A and its related structures. Specifically, Applicant made the following improvements: 1) completed excavation of the reservoir on August 15, 2007; 2) constructed and completed a dyke, and placed riprap along the inside of the dyke in August 2005; and 3) installed a headgate in June 2004. In total, during the last six years, Applicant expended approximately $50,000 towards these improvements. Applicant reserves the right to assert and demonstrate that during the diligence period other or additional activities have been undertaken or accomplished toward completion of the appropriation. 5. Ownership: John B. Jensen, 5901 SW Frontage Rd., Fort Collins, CO 80525. WHEREFORE, Applicant respectfully requests a ruling and decree for the following: A. Applicant has exercised due and reasonable diligence during the six years following entry of the decree in Case No. 01CW109 toward completion or for completion of the appropriation and application of water therein decreed, and for such other relief as the Court may determine proper; B. Applicant further prays that this Court continue in full force and effect all such conditional water rights for an additional six-year period, and for such other relief as the Court may deem proper; and C. Applicant has satisfied the requirements of “can and will”. 08CW233 Applicant: Campbell Development, Inc., c/o Richard Atkin, 2900 South College Avenue, Suite 3D, Fort Collins, CO 80525, (970) 223-2205. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Future correspondence and pleadings to: Sara J.L. Irby, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970)407-9000. 2. Structures: A. West Reservoir of “South 60” Reservoirs; B. Middle Reservoir of “South 60” Reservoirs; C. East Reservoir of “South 60” Reservoirs. 3. Legal Description: The reservoirs are situated just south of and parallel to the South Fork of Lone Pine Creek in the N1/2 of Sec. 32, T10N, R73W, of the 6th P.M., Larimer County, CO. The initial points of survey are as follows: A. West Reservoir of “South 60” Reservoirs: From the N1/4 Corner of Sec. 32, T10N, R73W of the 6th P.M., Larimer County, CO, proceed S 31° 32’ 14” West a distance of 2244.51 feet. B. Middle Reservoir of “South 60” Reservoirs: From the N 1/4 Corner of Sec. 32, T10N, R73W of the 6th P.M., Larimer County, CO, proceed S 27° 53’ 06” West a distance of 1960.66 feet. C. East Reservoir of “South 60” Reservoirs: From the N1/4 Corner of Sec. 32, T10N, R73W of the 6th P.M., Larimer County, CO, proceed S 15° 58’ 16” West a distance of 1846.26 feet. 4. Source of Water: Surface flow from the South Fork of Lone Pine Creek, a tributary to the Lone Pine Creek, which is tributary to the North Fork of the Cache La Poudre River, which in turn is tributary to the Cache La Poudre River and thence tributary to the South Platte River. 5. Date of Original Decree: December 19, 1983, Case No. 81CW309, District Court, Water Division No. 1. Finding of Reasonable Diligence: November 16, 1987, Case No. 87CW228; November, 22, 1993, Case No. 93CW134; and October 31, 2002, Case No. 2000CW201, all in the District Court, Water Division No. 1, State of Colorado. 6. Date of Appropriation: As to all reservoirs, November 30, 1977. 7. Amounts of Water: A. West Reservoir of “South 60” Reservoirs: 10.66 a.f. CONDITIONAL for augmentation; 10.66 a.f. ABSOLUTE for recreation and fish propagation (previously decreed in Case No. 81CW309); and 8.48 a.f. ABSOLUTE for irrigation (previously decreed in Case No. 00CW201). The remaining 2.18 a.f. CONDITIONAL for irrigation was ABANDONED in Case No. 00CW201. B. Middle Reservoir of “South 60” Reservoirs: 13.79 a.f. CONDITIONAL for augmentation; 13.79 a.f. ABSOLUTE for recreation and fish propagation (previously decreed in Case No. 81CW309); and 11.55 a.f. ABSOLUTE for irrigation (previously decreed in Case No. 00CW201). The remaining 2.24 a.f. CONDITIONAL for irrigation was ABANDONED in Case No. 00CW201. C. East

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Reservoir of “South 60” Reservoirs: 7.99 a.f. CONDITIONAL for augmentation; 7.99 a.f. ABSOLUTE for recreation and fish propagation (previously decreed in Case No. 81CW309); 7.77 a.f. ABSOLUTE for irrigation (previously decreed in Case No. 00CW201). The remaining 0.22 a.f. CONDITIONAL for irrigation was ABANDONED in Case No. 00CW201. 8. Uses: Recreation, fish propagation, irrigation and augmentation, in the amounts set forth above in paragraph 7. 9. Detailed outline of diligence: During the diligence period, Applicant installed a parshall flume at the bottom of the reservoirs to more accurately make diversions. Applicant also stored water in priority to the full amount of the capacity of the reservoirs, but has not been required to utilize such water for augmentation purposes during the diligence period, although Applicant has been prepared and ready to do so if required. Applicant maintained its reservoirs so that they could safely hold such stored water throughout the diligence period. In addition, work was performed on several features of Applicant’s integrated water system. Specifically, Applicants have continued with the development and construction of single-family residences upon Fox Acres property and with the development of the water distribution facility for this development. Based on the information obtained from piezometers, Applicants constructed an impervious liner on the upstream face of the dam for the purpose of reducing seepage loss from the dam and assuring that the dam will be able to be legally filled to its high water mark. The cost of this liner was $482,816. Applicants have incurred during the past six years approximately $16,072 in engineering fees for water quality monitoring, the development of water treatment systems and construction specifications for a new treatment building. Applicants also have completed the following improvements to their overall water delivery facilities: installation of treatment equipment for manganese and iron removal, and additional mains, service extensions, and taps. The cost of such improvements was approximately $40,997. The work performed toward the South 60 Reservoirs is part of an integrated water supply system, and the work done on the total system is applicable in showing diligence in regard to the conditionally decreed rights. 10. Ownership: The Fox LLC, c/o Kevin Frazier, 2121 Midpoint Dr., Suite 301, Ft. Collins, CO 80525. WHEREFORE, Applicant prays that this Court issue its findings and determination that Applicant has exercised due reasonable diligence during the six years following entry of the decree in Case No. 00CW201 toward completion of the appropriation and application of water therein decreed as to all of the beneficial uses conditionally decreed as set forth in paragraphs 7 and 8 hereof. Applicant further prays that this Court continue in full force and effect all such conditional water rights for an additional six year period, and for such other relief as the Court may deem proper. 08CW234 Rhea M. Choate, 1055 Holland Street, Lakewood, CO 80215, through attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR PLAN FOR AUGMENTATION, IN DOUGLAS COUNTY. 2. Description of plan for augmentation: A. Groundwater to be augmented: 6 acre-feet per year of not nontributary Upper Dawson aquifer groundwater available underlying the Subject Property as decreed in Case No. 04CW157, District Court, Water Division 1. Applicant is the owner of approximately 50 acres of land which is included in that decree, being Tract 8A, Palmer Divide Ranches on East Cherry Creek, which is generally located in part of the SE1/4 of Section 28 and the NE1/4 of Section 33, T9S, R65W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). B. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary Denver aquifer groundwater underlying the Subject Property as also previously decreed in Case No. 04CW157. Applicant is in the process of purchasing 6 acre-feet per year of said nontributary Denver aquifer groundwater for use in this plan. C. Statement of plan for augmentation: The subject Upper Dawson aquifer groundwater may be used for inhouse, irrigation, and stockwatering use, including storage. Sewage treatment for inhouse use will be provided by non-evaporative septic systems.

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Consumptive use associated with in-house use will be approximately 10% of water used and consumptive use associated with irrigation use will be approximately 90% of water used. Water used for stockwatering is considered to be 100% consumed. D. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicant estimates that depletions occur to the Cherry Creek stream system. Return flows from use of the subject water rights from inhouse use through nonevaporative septic systems and from irrigation use, will accrue to the South Platte River system and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary Denver aquifer groundwater as decreed in Case No. 04CW157 to meet post-pumping augmentation requirements. 3. Remarks: Applicant will withdraw the not nontributary Upper Dawson aquifer water underlying the Subject Property under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. 08CW235 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS BURNING TREE RANCH LOT OWNERS II, IN DOUGLAS COUNTY. 1. Names, Addresses, and Telephone Number of Applicants: Burning Tree Ranch Lot Owners II, c/o 2321 Burning Ridge Drive, Franktown, CO 80116, (303) 660-4398 through their Attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702, The names and addresses of each Lot Owner/Applicant are described on Attachment A hereto. 2. Well Permits: Well permits will be applied for prior to construction of the wells, which will withdraw the groundwater which is the subject of this application. 3. Legal Description of Subject Property: Applicants are the owners of 11 lots located in Burning Tree Ranch Subdivision, which are generally located in Section 36, T7S, R66W of the 6th P.M. as shown on Attachment B hereto (Subject Property). The Subject Property is comprised of a total of approximately 55.3 acres and the legal descriptions and acreage associated with Applicants’ respective lots are more particularly described on Attachment A hereto. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Denver 204 feet 19 acre-feet Arapahoe 276 feet 25 acre-feet Laramie-Fox Hills 192 feet 15 acre-feet 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below their respective lots, through wells or any additional wells which may be completed in the future, as Applicants' well fields, subject to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). Applicants also request that the water requested herein be withdrawn in combination with the same type of groundwater available underlying other lots in Burning Tree Subdivision which is pending in Case No. 08CW103 and 08CW185 in this court. 7. Proposed Use: The water will be used, reused and successively used for domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8.Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§37-92-

15

302(2) and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained pursuant to §37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; and B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein. 08CW236 APPLICATION TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS AND FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF JEFFERSON COUNTY SCHOOL DISTRICT R-1, Attn: Peter Doherty, Director of Facilities Planning and Design, 809 Quail Street, Building 4, Lakewood, Colorado 80215 c/o James R. Montgomery and David L. Olson, Moses, Wittemyer, Harrison and Woodruff, P.C. Names of structures: Lobo Creek Reservoir, Warrior Ditch/West Jefferson Reservoir, Warrior Ditch/Lobo Creek Reservoir, West Jefferson Reservoir/Lobo Creek Reservoir. Describe conditional water right (as to each structure) giving information from the Referee’s Ruling and Judgment and Decree dated December 16, 1994: Lobo Creek Reservoir Conditional Water Storage Right: Date of original decree: December 16, 1994, Case No. 94CW118. Location: In the N1/2SW1/4, Section 14, T6S, R71W of the 6th P.M., Jefferson County, Colorado, the centerline of the dam intersects an unnamed tributary to North Turkey Creek (hereinafter “Lobo Creek”) at a point whence the SW corner of said Section 14 bears S 41 W 2395 feet. Source: Lobo Creek, tributary to North Turkey Creek. Amount: 8.73 acre-feet CONDITIONAL. Appropriation date: July 28, 1994. Uses: Augmentation, fire protection, and irrigation of 8.5 acres within the Conifer School site. Maximum height of dam: 16 feet. Length of dam: 250 feet. Total capacity: 8.73 acre-feet. Active capacity: 8.73 acre-feet. Dead storage: 0 acre-feet. Warrior Ditch/West Jefferson Reservoir Practice of Exchange - Conditional Right of Exchange Date of original decree: December 16, 1994, Case No. 94CW118. Affected reach: North Turkey Creek from the location of West Jefferson Gallery No. 1 as follows: Located in the NW1/4 NW1/4, Section 14, T6S, R71W of the 6th P.M., Jefferson County, Colorado, approximately at a point 850 feet south and 1050 feet east of the NW corner of said Section 14; to the natural point of confluence of Bear and Turkey Creeks in the N1/2NE1/4NW1/4, Section 5, T5S, R69W of the 6th P.M., Jefferson County, Colorado. Subject water rights and amounts: 80% of the Bear Creek and Turkey Creek priorities associated with 1/4 share of the Warrior Ditch Company, as follows: 80% of School District’s Share (cfs) Attributable to the Priority No. in Former Water District No. 9 Additional 1/4 Warrior Share 4 0.0155

8 0.0036 14 0.0318 16 0.0144 0.0653

This conditional right of exchange shall not be exercised at a total flow rate in excess of 0.0653 cfs, nor in a total volume in excess of 4.43 acre-feet in any single period of April through October

16

31. [NOTE: This exchange is in addition to the previously decreed right of exchange of water under two shares of the Warrior Ditch Company in the amount of 0.5215 cfs in Case No. W-8757-77 with the total exchange rate under both exchanges being 0.5868 cfs.] Appropriation date: July 28, 1994. Period of operation: April 1 through October 31. Uses: Augmentation and municipal, and irrigation of not more than 15.5 acres, of which not more than 8.5 acres shall be within the Conifer High School site in the N1/2SE1/4, Section 15, T6S, R71W of the 6th P.M., not more than 6.0 acres shall be within the West Jefferson Middle School site in the SW1/4NE1/4, Section 11, T6S, R71W of the 6th P.M., and not more than 1.0 acre shall be within the West Jefferson Elementary School site in the SW1/4SE1/4, Section 11, T6S, R71W of the 6th P.M., Jefferson County, Colorado. Warrior Ditch/Lobo Creek Reservoir Exchange - Conditional Right of Exchange. Date of original decree: December 16, 1994, Case No. 94CW118. Affected reach: Lobo Creek from the outlet of Lobo Creek Reservoir in the NE1/4SW1/4, Section 14, T6S, R71W of the 6th P.M., Jefferson County, Colorado, to the natural point of confluence of Bear and Turkey Creeks in the N1/2NE1/4NW1/4 of Section 5, T5S, R69W of the 6th P.M., Jefferson County, Colorado. Subject water rights and amounts: 80% of the Bear Creek and Turkey Creek priorities associated with 2.25 shares of the Warrior Ditch Company, as follows: 80% of School District’s Share (cfs) Attributable to the Priority No. in Former Water District No. 9 Combined 2.25 Warrior Shares 4 0.1387 8 0.0322 14 0.2866 16 0.1293 0.5868 This conditional right of exchange shall not be exercised at a total flow rate in excess of 0.5868 cfs., nor in a total volume in excess of 24.04 acre-feet during any single period of April 1 though October 31. Appropriation date: July 28, 1994. Period of operation: April 1 through October 31. Uses: Augmentation and municipal, and irrigation of not more than 8.5 acres, all within the Conifer High School site. West Jefferson Reservoir/Lobo Creek Reservoir Exchanges - Conditional Rights of Exchange Date of original decree: December 16, 1994, Case No. 94CW118. Affected reach: From a point on an unnamed tributary to North Turkey Creek at its intersection with the dam of West Jefferson Reservoir (whose spillway is more fully described as: The west abutment of the spillway bears S 77°00' W 718 feet from the north 1/4 corner of Section 14, T6S, R71W of the 6th P.M., Jefferson County, Colorado), to the outlet of Lobo Creek Reservoir on Lobo Creek in the NE1/4 SW1/4 Section 14, T6S, R71W of the 6th P.M., Jefferson County, Colorado. Subject water rights: West Jefferson Reservoir Storage Rights (more fully described in paragraph 8.E. of the decree in Case No. 94CW118); and Lobo Creek Reservoir Storage Right (more fully described in paragraph 24 of the decree in Case No. 94CW118); and Warrior Ditch/West Jefferson Reservoir Practice of Exchange (originally decreed in Case No. W-8757-77 and more fully described in paragraph 8.J. of the decree in Case No. 94CW118); and Enlargement of Warrior Ditch/West Jefferson Reservoir Practice of Exchange (more fully described in paragraph 28.A. of the decree in Case No. 94CW118); and Warrior Ditch/Lobo Creek Reservoir Exchange (more fully described in paragraph 28.B. of the decree in Case No. 94CW118). Amount: 2.0 cfs. CONDITIONAL, not to exceed 29.21 acre-feet/year. Appropriation date: July 28, 1994. Period of operation: January 1 through December 31. Uses: Augmentation and municipal, and irrigation of not more than 15.5 acres, of which not more than 8.5 acres shall be within the Conifer High School site, not more than 6.0 acres shall be within the West Jefferson Middle School site, and not more than 1.0 acre shall be within the West Jefferson Elementary School site. 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

17

decreed, including expenditures is contained in the application. If claim to make absolute: Lobo Creek Reservoir: Date water applied to beneficial use: April 17, 2003. Amount: During the diligence period, the maximum storage in Lobo Creek Reservoir was 6.44 acre-feet . Therefore, applicant seeks to have 6.44 acre-feet made ABSOLUTE, with the remaining balance of 2.29 acre-feet continued CONDITIONAL. Use: Augmentation, fire protection and irrigation. Description of place of use where water is applied to beneficial use: Conifer High School, West Jefferson Middle School, and West Jefferson Elementary School as more fully described in paragraph 3.b.vi. above. Warrior Ditch/West Jefferson Reservoir Practice of Exchange Date water applied to beneficial use: June 8, 2006. Amount: Applicant has routinely operated this exchange with the knowledge and approval of the Water Commissioner, as part of applicant’s augmentation plan operation and accounting. The exchange has been operated to use all of the credit generated by applicant’s 2.25 shares of the Warrior Ditch Company. Therefore, applicant seeks to have 0.0653 cfs. made ABSOLUTE in addition to the 0.5215 cfs exchange previously decreed absolute in Case No. W-8757-77. Use: Augmentation, municipal (defined in 94CW118 decree as “use within or upon the school facilities described herein.”) and irrigation. Description of place where water is applied to beneficial use: Conifer High School, West Jefferson Middle School, and West Jefferson Elementary School as more fully described in paragraph 3.b.vi. above. West Jefferson Reservoir/Lobo Creek Reservoir Exchange Date water applied to beneficial use: June 14, 2006. Amount: As part of its augmentation plan, applicant exchanged water between Lobo Creek Reservoir and West Jefferson Reservoir in the amount of 0.95 acre-feet per day (approximately 0.50 cfs); therefore, applicant seeks to have 0.50 cfs. of this conditional exchange made ABSOLUTE. Use: Augmentation, municipal (defined in 94CW118 decree as “use within or upon the school facilities described herein.”) and irrigation. Description of place where water is applied to beneficial use: Conifer High School, West Jefferson Middle School, and West Jefferson Elementary School as more fully described in paragraph 3.b.vi. above. With respect to the West Jefferson Reservoir/Lobo Creek Reservoir Exchange, applicant seeks an absolute decree for 0.50 cfs and a finding of reasonable diligence with respect to the additional 1.50 cfs conditional. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new 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: The applicant is the owner of the land upon which any new diversion or storage structure is or will be constructed. Jefferson County School District R-1 requests the Court to grant its application to make absolute the conditional water rights as follows: Lobo Creek Reservoir - 6.44 acre-feet ABSOLUTE. Warrior Ditch/West Jefferson Reservoir Exchange - 0.0653 cfs ABSOLUTE. West Jefferson Reservoir/Lobo Creek Reservoir Exchanges - 0.50 cfs ABSOLUTE. To find reasonable diligence and continue the conditional water rights as follows: 2.29 acre-feet of the Lobo Creek Reservoir; 0.5868 cfs of the Warrior Ditch/Lobo Creek Reservoir Exchange; 1.50 cfs of the West Jefferson Reservoir Lobo Creek Reservoir Exchange. In the alternative, applicant seeks a finding of reasonable diligence and an order continuing all of the conditional water rights identified herein and granting any other relief the Court deems appropriate. 08CW237 Central Colorado Water Conservancy District the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (CCWCD), 3209 West 28th Street, Greeley, Colorado 80631 and the Henrylyn Irrigation District P.O. Box 85, Hudson, Colorado 80642 c/o Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, #200, Windsor, CO, 80550; Steve L. Janssen, 3990 Pleasant Ridge Road, Boulder, CO, 80301. Application to Make Absolute and in the Alternative for Finding of Reasonable Diligence in ADAMS AND WELD COUNTIES. 2. Conditional Water Right. 2.1. Name of Structure. Boxelder Recharge and Storage Project. 2.2. Decrees. Case No., 81CW413, 92CW48, 93CW086, 00CW218, Water Division No. 1. 2.3. Legal Description of Diversion Points. 2.3.1. At the common headgate of

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the Burlington Ditch, the O'Brian Canal and the Denver-Hudson Canal located in the Southwest Quarter of the Northeast Quarter of Section 14, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado, also known as the Riverside Gates. Water is diverted through the Burlington Ditch, through the O'Brian Canal and through the Denver-Hudson Canal to a point where the Denver-Hudson Canal intersects the original channel of Box Elder Creek, immediately below Boot Leg Reservoir a/k/a Boot Lake Reservoir, in Section 1, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado where the waters are diverted out of the Denver-Hudson Canal. 2.3.2. At a point on Box Elder Creek immediately below Boot Leg Reservoir in Section 1, Township 1 South, Range 65 West of the 6th P.M. and north along the channel of Box Elder Creek to the confluence of Horse Creek in Section 19, Township 1 North, Range 64 West of the 6th P.M. where waters of Box Elder Creek arising because of natural surface flows, precipitation or run-off will be diverted and measured for beneficial use. 2.4. Source of Water. South Platte River and Box Elder Creek. 2.5. Appropriation. May 10, 1979. 2.6. Amount. A total of 3000 acre-feet with 1220 acre-feet absolute and 1780 acre-feet conditional. 2.7. Use. Augmentation, recharge, replacement and exchange. 3. Outline of What Has Been Done Toward Completion. 3.1. Applicants have diverted and recharged water during the diligence period as follows: in 2005, 1051 a.f.; and in the 2007 and 2008 water years between 2991 and 3000 a.f. 3.2. Applicants constructed a new diversion structure and measuring device to measure the diversions from the Henrylyn Canal into Boxelder Creek. 3.3. The Boxelder Recharge and Storage Project is part of the integrated system of water rights and supplies for the CCWCD augmentation plan decreed in Case No. 02CW335 (See ¶ 8.4 and ¶29 of the 02CW335 Decree). During the diligence period the Application in 02CW335 was filed by CCWCD and decreed by the Water Court at substantial expense. 4. Claim. Applicants seek to make the entire conditional portion absolute or in the alternative seek a finding of reasonable diligence. 08CW238 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS in ELBERT COUNTY. 1.Names and Addresses of Applicants: Smoky Hill Ranches and Cheyenne Place Subdivision Lot Owners, and Jay and Rose Backman, Derald Shaw and Tina Jacobson, c/o 45500 Stagecoach Road, Parker, Colorado 80138, (303) 805-4511 Attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, 303-534-0702. The name and address of each Applicant is described on Attachment A hereto. 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application. 3. Legal Description of Subject Property: Applicants are the owners of approximately 42 lots or tracts located in Smoky Hill Ranches and Cheyenne Place Subdivisions, or contiguous tracts, which lots and tracts are generally contiguous and located in parts of Sections 14 and 15, T6S, R65W of the 6th P.M., as shown on Attachment B hereto (Subject Property). The Subject Property is comprised of a total of approximately 276.1 acres and the legal descriptions and acreage associated with Applicants' respective lots or tracts are more particularly described on Attachment A hereto. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots or tracts. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property at rates of flow which are necessary to withdraw the final decreed amounts. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property:

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Saturated Annual Aquifer Thickness Amount Denver 350 feet 164 acre-feet Arapahoe 235 feet 110 acre-feet Laramie-Fox Hills 225 feet 93 acre-feet Applicants may reserve part of the Denver aquifer water for use through exempt wells on the lots or tracts, which amounts will be excluded from the final decreed amount in this case. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells or any additional wells which may be completed in the future, as Applicants' well fields, subject to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 7. Proposed Use: The water will be used, reused and successively used for domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§37-92-302(2) and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 6 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10.Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained pursuant to §37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; and B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein. 08CW239 Ball Four, Inc., c/o Larry Gentry, President, 11338 West 74th Place, Arvada, CO 80005, Tel: 303 426-6784. 1. Send copies of pleadings to Douglas M. Sinor and Ema Garcia, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street Suite 1600, Denver, CO 80203, Tel: 303 861-1963. APPLICATION FOR SURFACE WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE IN ADAMS, JEFFERSON, CLEAR CREEK COUNTIES. APPLICATION FOR SURFACE WATER RIGHT. 2. Name of structure: Ball Four Sump. 3. Legal description of point of diversion: The Ball Four Sump diverts surface water from Little Dry Creek at a point in the SW1/4 SW1/4 of Section 4, Township 3 South, Range 68 West, 6th P.M., 720 feet from the South section line and 465 feet from the West section line, in Adams County, Colorado. See map attached as Exhibit A. 4. Source: Little Dry Creek, a tributary of Clear Creek, a tributary of the South Platte River. 5.A. Date of appropriation: April 1, 1986. B. How appropriation was initiated: By pumping of water for irrigation. C. Date water applied to beneficial use: April 1, 1986. 6. Amount claimed: 0.11 cfs (50 gpm), absolute, 0.11 cfs (50 gpm), conditional, for a total of 0.22 cfs (100 gpm). 7. Use or proposed use: Irrigation of approximately 4.05 acres in the SW1/4 SW1/4, Section 4, Township 3 South, Range 68 West, 6th PM, Adams County. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. 8. Name of structures to be augmented: Ball Four Sump. 9. Previous decrees for water rights to be used for augmentation: Applicant is in the process of obtaining a long-term lease for augmentation water from the City of Golden (“Golden”). The water rights under which augmentation water will be delivered by Golden include the water rights described in Table 1. Golden may provide augmentation water under any other water rights to the extent that such water rights are legally available for augmentation use and can be delivered to Clear Creek. 10. Historic use: not applicable. 11. Statement of plan for augmentation including exchange: The Ball Four Sump is a surface diversion that will be used to

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irrigate ball fields at the Ball Four complex. Out-of-priority depletions will be replaced pursuant to the augmentation plan described herein. Total diversions from the Ball Four Pump are estimated to be 14 acre-feet per year. Irrigation consumptive use is estimated to be 12 acre-feet per year based on a factor of 85% consumptive use. Return flows from irrigation of the ball fields are assumed to be 15% of the amount pumped and will be credited towards replacement of out-of-priority depletions. The lagging of return flows to Little Dry Creek will be accounted for using a Glover analysis. Any remaining out-of-priority depletions will be replaced with augmentation water released by Golden to Clear Creek upstream of the confluence of Little Dry Creek and Clear Creek pursuant to the water rights described in Table 1. Transit loss in Clear Creek is estimated to be 5% of the amount delivered. Applicant is in the process of securing a long-term lease with Golden for augmentation water in the amount of 13 acre-feet per year. In connection with the plan for augmentation, Applicant claims an appropriative right of exchange up Little Dry Creek for augmentation water delivered by Golden to Clear Creek. The exchange reach is from the confluence of Clear Creek and Little Dry Creek up Little Dry Creek to the Ball Four Sump point of diversion. The rate of exchange is 0.11 cfs (50 gpm), absolute, 0.11 cfs (50 gpm), conditional. The date of appropriation for the exchange is May 6, 2003. The appropriation was initiated by obtaining approval of a substitute water supply plan to use the Ball Four Sump. Water was first exchanged for beneficial use on May 6, 2003. The Ball Four Sump is metered and readings will be collected weekly and reported to the Division Engineer on a monthly basis. 12. Name and address of owner or reputed owner of the land upon which any new 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 pool: Applicant.

TABLE 1 CITY OF GOLDEN WATER RIGHTS

NAME

CASE NO.

AMOUNT

ADJUDICATION

PREVIOUS ADJUDICATIO

N

APPROPR

IATION Berthoud Pass Ditch

87CW298 Varies monthly up to 4.0 cfs

08/03/1911 08/11/1906 06/30/1902

Vidler Tunnel – Blue Danube

W3442 111.8 ac-ft 03/02/1910 05/30/1891

Vidler Tunnel – Rice Ditch

W217 129 ac-ft 03/02/1910 05/03/1893

Vidler Tunnel – Giberson

W3335 69.6 ac-ft 10/12/1914 03/02/1910 05/11/1911

Vidler Tunnel – Arduser

Summit County District Court Case No.

2350 & CA1709

14 ac-ft 01/26/1937 09/08/1934

Vidler Tunnel

Summit County District

21.60 cfs 05/31/1972 03/10/1952 07/28/1959

21

Unit Court Case No. 2371

Denver Water – Jones Pass Tunnel delivery contract

Contract 300 ac-ft contract contract

Henderson Mine Developed Water

W7158 1.0 cfs

Guanella Reservoir – active storage

02CW379 1,558 ac-ft 10/11/1985 12/31/1981 06/08/1977

Upper Urad Reservoir

88CW240 332 ac-ft 12/31/1990 12/31/1987 12/10/1965

Lower Urad Reservoir

250 ac-ft 12/31/1990 12/31/1987 11/20/1964

Thornton Contract

96CW1117 900 ac-ft Various

08CW240 Crow Hill Bible Church, 46 Bulldogger Court, Bailey, Colorado 80421, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, P. O. Box 27567, Lakewood, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT IN PARK COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Crow Hill Bible Church Well No. 1, (Permit NO. 047531-F). Crow Hill Bible Church Well Nos. 2 and 3. Legal Descriptions of the Wells: Crow Hill Bible Church Well No. 1 is located in the NE 1/4 NE 1/4 of Section 16, Township 7 South, Range 72 West, 6th P.M., Park County, at a point approximately 1,059 feet from the North Section line and 1,103 feet from the East Section line of said Section 16. The property can also be described as Lot 22 of the Mill-Iron D Estates Subdivision. Crow Hill Bible Church Well No. 2 will be located in the NE 1/4 NE 1/4 of Section 16, Township 7 South, Range 72 West, 6th P.M., Park County, at a point approximately 1,550 feet from the North Section line and 1,050 feet from the East Section line of said Section 16. The property can also be described as Lot 22 of the Mill-Iron D Estates Subdivision. Crow Hill Bible Church Well No. 3 will be located in the NE 1/4 NE 1/4 of Section 16, Township 7 South, Range 72 West, 6th P.M., Park County, at a point approximately 1,375 feet from the North Section line and 750 feet from the East Section line of said Section 16. The property can also be described as Lot 23 of the Mill-Iron D Estates Subdivision. 3.A. Source of Water: Ground water that is tributary to Deer Creek and the North Fork of the South Platte River. 3.B. Depth of Wells: Crow Hill Bible Church Well No. 1: 280 feet. Crow Hill Bible Church Well Nos. 2 and 3: 800 feet, approximate, for each well.. Dates of Appropriation: Crow Hill Bible Church Well No. 1: June 14, 1985. Crow Hill Bible Church Well Nos. 2 and 3: October 31, 2008.January 30, 2007. 4.B. How Appropriation was Initiated: Construction of well,

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issuance of a well permit by the Colorado Division of Water Resources and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: Crow Hill Bible Church Well No. 1: November 4, 1996. Crow Hill Bible Church Well Nos. 2 and 3: N/A. 5. Amount Claimed: Crow Hill Bible Church Well No. 1: 4 gallons per minute, Absolute, and 11 gallons per minute, Conditional. Crow Hill Bible Church Well Nos. 2 and 3: 15 gallons per minute, Conditional, for each well. 6. Uses: Crow Hill Bible Church Well No. 1: Ordinary household purposes in a single-family home and fire protection purposes, Absolute. Commercial and domestic purposes, Conditional. Crow Hill Bible Church Well Nos. 2 and 3: Commercial, domestic, irrigation and fire protection purposes, Conditional, for each well. 7. Name and Address of Owner of Land on which the Wells are or will be Located: Crow Hill Bible Church, as described above. 8. Remarks: The Permit for the Crow Hill Bible Church Well No. 1 was originally issued pursuant to the plan for augmentation decreed in Case No. 79CW347. Use of water from the Well pursuant to 79CW347 is limited to ordinary household purposes inside one single-family dwelling. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 047531-F be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: Crow Hill Bible Church Well Nos. 1, 2 and 3. Water Rights to be Used for Augmentation Purposes. a. The Crow Hill Bible Church (“Church”), has entered into a contract with North Fork Associates, LLC to purchase 3.6 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 3.6 shares represent the right to receive 0.114 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Nickerson Ditch water rights"), portions of which will be used to replace the out-of-priority depletions from the wells described herein. The Nickerson Ditch water rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No. 1678. Historically, the Nickerson Ditch water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW 1/4 SE 1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County. Such diversions no longer occur. The terms and conditions under which the Nickerson Ditch water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2000CW174 for more detailed information. c. Consumable water stored in Maddox Reservoir will be released to the stream system when the Nickerson Ditch water rights are out-of-priority. Maddox Reservoir is located in the NE 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The Church owns Lots 22 and 23 of the Mill-Iron D Estates Subdivision. The property consists of approximately 12 acres and is located in the NE1/4 NE1/4 of Section 16, Township 7 South, Range 72 West, 6th P.M., Park County. The property is depicted on the attached Exhibit "A." Currently, a single family home exists on the property. The Church plans to convert the home into administrative offices and build a new church building. The water supply for the administrative offices building will continue to be obtained from the Crow Hill Bible Church Well No. 1. The water supply for the new church building and for irrigation will be obtained from the Crow Hill Bible Church Well Nos. 2 and 3. b. Wastewater from all in-building uses of water will be treated utilizing a non-evaporative septic system(s) with soil absorption leach fields. Return flows are or will be to Deer Creek. c. Depletions associated with water that is used inside the church and administrative offices buildings will be based on a ten percent (10%) consumption factor. The augmentation

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plan will include an allowance for the irrigation of up to 500 square feet of landscaping. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. The consumptive use for irrigation operations was determined using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment and the Evergreen turf adjustment, as outlined in a report prepared by Blatchley Associates, Inc., which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Maximum stream depletions are not anticipated to exceed 0.114 of an acre foot per year. d. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. e. Whenever possible, depletions to the stream system which occur during the period April 23 through October 31, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Nickerson Ditch water rights. During times when the Nickerson Ditch water rights are not in priority and during the non irrigation season, depletions will be augmented by releasing water from Maddox Reservoir. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the wells described herein, will be computed on the basis of 0.13 percent per mile. f. Since the point of depletion associated with water use under this plan for augmentation is on a side tributary of the North Fork of the South Platte River, the Church asserts an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). Water released from Maddox Reservoir will be carried in the stream channel to the confluence of the North Fork of the South Platte River and Deer Creek located in the NE 1/4 NE 1/4 of Section 36, Township 7 South, Range 72 West, 6th P.M. From there, the water will be exchanged up Deer Creek to the point of depletion in the SE 1/4 SE 1/4 of Section 16, Township 7 South, Range 72 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Deer Creek and the North Fork of the South Platte River as the depletions occur. The exchange will be administered with a priority date of October 31, 2008, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Name and Address of Owner of Land on which New Structures will be Located: Structure described in Paragraph No. 1. Crow Hill Bible Church, as described above. WHEREFORE, the Church requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Church also request a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Church further request the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (7 pages and one exhibit). 08CW241 Town of Castle Rock, Attn: Director of Utilities, 174 Kellogg Court, Castle Rock, CO 80104,(303-660-1015). Henry D. Worley, MacDougall, Worley & Woldridge, PC, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905 (719-520-9288). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROPRIATIVE RIGHTS OF EXCHANGE, AND APPROVAL OF PLAN FOR AUGMENTATION in DOUGLAS COUNTY. I. APPLICATION FOR UNDERGROUND WATER RIGHTS. 1. Liberty Village Well No. 1, no permit applied for a) Location: SW1/4 SW1/4 Section 22, T. 7 S., R. 66 W., 6th P.M., in Douglas County, 1,280 feet from the south section line and 800 feet from the west section line; b) Depth: to bottom of alluvium; c) Amount: 2.0 cfs; d) Appropriation date: October 31, 2008, by the filing of this application; e) Use: all beneficial uses. 2. Liberty Village Well No. 2, no permit applied for a) Location: SW1/4 SW1/4 Section 22, T. 7 S., R. 66 W., 6th P.M., 800 feet from the south

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section line and 1,000 feet from the west section line; b) Depth: to bottom of alluvium; c) Amount: 2.0 cfs; d) Appropriation date: October 31, 2008, by the filing of this application; e) Use: all beneficial uses. 3. Liberty Village Well No. 3, no permit applied for a) Location: SW1/4 SW1/4 Section 22, T. 7 S., R. 66 W., 6th P.M., 300 feet from the south section line and 700 feet from the west section line; b) Depth: to bottom of alluvium; c) Amount: 2.0 cfs, conditional; d) Appropriation date: October 31, 2008, by the filing of this application; e) Use: all beneficial uses. 4. Liberty Village Well No. 4, no permit applied for a) Location: NW1/4 NW1/4 Section 27, T. 7 S., R. 66 W., 6th P.M., 550 feet from the north section line and 1,100 feet from the west section line; b) Depth: to bottom of alluvium; c) Amount: 2.0 cfs; d) Appropriation date: October 31, 2008, by the filing of this application; e) Use: all beneficial uses. 5. Liberty Village Well No. 5, no permit applied for a) Location: NW1/4 NW1/4 Section 27, T. 7 S., R. 66 W., 6th P.M., 1100 feet from the north section line and 1300 feet from the west section line; b) Depth: to bottom of alluvium; c) Amount: 2.0 cfs; d) Appropriation date: October 31, 2008, by the filing of this application; e) Use: all beneficial uses. 6. Liberty Village Well No. 6, no permit applied for a) Location: NE1/4 NW1/4 Section 27, T. 7 S., R. 66 W, 6th P.M., 1,150 feet from the north line and 2,340 feet from the west line; b) Depth: to bottom of alluvium; c) Amount: 2.0 cfs, conditional; d) Appropriation date: October 31, 2008, by the filing of this application; e) Use: all beneficial uses. No more than three of the above wells will be constructed. The choice of wells to be constructed will be based on site-specific considerations such as the productivity of the alluvial materials at that location, compatibility with the Applicant=s use of the overlying land for park and open space purposes, etc. II. APPLICATION FOR APPROPRIATIVE RIGHTS OF EXCHANGE. 7. Exchange No. 1. a) Location: From the confluence of Lemon Gulch and Cherry Creek, in the NW 1/4 Section 3, T. 7 S., R. 66 W., 6th P.M., to a location in Cherry Creek adjacent to Converse Well No. 2, near the center of Section 27, T. 7 S., R. 66 W., 6th P.M; b) Amount: 1.0 cfs, conditional; c) Appropriation date: October 31, 2008, by the filing of this application. 8. Exchange No. 2. a) Location: From the location at which wastewater from The Pineries WWTP enters Cherry Creek, in the NW 1/4 Section 10, T. 7 S., R. 66 W., 6th P.M., to a location in Cherry Creek adjacent to Converse Well No. 2, near the center of Section 27, T. 7 S., R. 66 W., 6th P.M; b) Amount: 1.0 cfs, conditional. c) Appropriation date: October 31, 2008, by the filing of this application. III. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 9. Structures to be augmented: those three of Liberty Village Well Nos. 1 - 6 that are ultimately constructed. 10. Water Rights to be used for augmentation: a) Applicant’s 62 percent of the historic consumptive use of the ground water rights decreed in Case No. W-5737 on December 20, 1977. The water rights are associated with the Converse Well No. 1 and Converse Well No. 2; I) Converse Well No. 1, Permit No. 13623R, has an appropriation date of September 8, 1950 and is decreed 2.18 cfs for irrigation. Converse Well No. 1 is located in the SE1/4 NW1/4 Section 27, T. 7 S., R. 66 W., 6th P.M., at a point whence the NW corner of said Section 27 bears North 27Ε 45' West a distance of 2962 feet; II) Converse Well No. 2, Permit No. 13624R, has an appropriation date of October 10, 1956 and is decreed 2.45 cfs for irrigation. Converse Well No. 2 is located in the SW1/4 NE1/4 Section 27, T. 7 S., R. 66 W., 6th P.M., at a point whence the NW corner of said Section 27 bears North 44Ε 53' West a distance of 3662 feet; III) The source for Converse Well No. 1 and Converse Well No. 2 is alluvial water tributary to Cherry Creek; IV) These water rights are the subject of a contemporaneously filed application for a change of water rights which will quantify the historical consumptive use of the water rights, change their decreed uses to all beneficial uses, and change their points of diversion to the Liberty Village Wells, while keeping the point of diversion for the Converse Well No. 2; b) Landscape irrigation return flows from the decreed water rights shown in Table A attached hereto. Landscape irrigation return flows will be calculated as 17 percent of the water used for irrigation within the Town in the Cherry Creek drainage. The water used for irrigation within the Cherry Creek drainage shall itself be calculated by taking the December 1 - February 28 daily average pumping, multiplying that number by the number of days during an irrigation month (April through October), and

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subtracting that number from the total amount of water pumped for water usage within the Town in the Cherry Creek drainage during each of the irrigation months. Landscape irrigation return flows will accrue to Cherry Creek both upstream and downstream from the Liberty Village Wells and Converse Well No. 2. Landscape irrigation return flows which accrue to Cherry Creek downstream from the Liberty Village Wells will need to be diverted by exchange, pursuant to Exchange No. 1, when exchange potential exists (i.e., when pumping from the well field does not result in drying up the surface flow of Cherry Creek at any location within the exchange reach). If no exchange potential exists, Applicant will not be able to use those landscape irrigation return flows to augment out-of-priority depletions occasioned by pumping the wells. Conversely, landscape irrigation return flows which accrue to Cherry Creek from Mitchell Gulch and Willow Creek, can be used to augment out-of-priority depletions from pumping as they flow by the structures to be augmented, without the need for an exchange. It is anticipated that at build-out, this could amount to approximately 300 acre feet annually; c) Nontributary water and fully augmented not-nontributary water from the decreed water rights shown in Table A, which are delivered to the Denver Southeast Suburban Water and Sanitation District, d/b/a the Pinery WWTP, treated, and discharged to Cherry Creek. Pursuant to an IGA between Applicant and the District, the District treats a up to 0.55 mgd, on an average annual basis (0.63 mgd monthly average flow) of wastewater generated by Applicant and then discharges it to Cherry Creek. Applicant retains the legal right to, and dominion and control over, its return flows. At times when exchange potential exists on Cherry Creek (i.e., when pumping from the well field does not result in drying up the surface flow of Cherry Creek at any location within the exchange reach), these return flows will be exchanged up to the general vicinity at which stream depletions occur, which are caused by pumping the Liberty Village Wells and Converse Well No. 2. The return flows so exchanged will be used to replace depletions caused by such pumping; d) There may be times when pumping which causes out-of-priority depletions occur, which cannot be fully replaced by the sources of augmentation water indicated above, when there is no exchange potential and when the Converse Well rights are out-of-priority. If landscape irrigation return flows which accrue to Cherry Creek upstream from the wells are inadequate to replace such depletions, then Applicant shall directly discharge fully consumable water into Cherry Creek up gradient from any calling water rights on Cherry Creek. Under the current IGA, this could amount to as much as 616 acre feet annually. 11. Further details of plan for augmentation. The overview of the operation of the plan for augmentation is, for the most part, adequately described in paragraph 10 above. In addition, stream depletions caused by pumping Converse Well No. 2 and the Liberty Village wells will be lagged. Such lagged effects will be calculated for each well as it is constructed, utilizing the Glover AWAS methodology based on specific well locations and aquifer characteristics. 12. Other. a) Reuter-Hess Reservoir. Applicant is a part owner of the Rueter-Hess Reservoir, but has no interest in the Reuter-Hess diversion structure (diversion dam and ditch) on Cherry Creek. Applicant hereby expresses its desire to divert augmentation water from the sources described in paragraphs 10.a (Converse Well No. 2 water rights), 10.b (landscape irrigation return flows) and 10.c (fully consumable wastewater discharged to Cherry Creek from the Pinery WWTP), when it is either surplus to Applicant=s needs, or when it cannot be used in the augmentation plan because there is no exchange potential on Cherry Creek, through either diversion structure for the Newlin Gulch Aqueduct No. 2, and to store such water in its account in Rueter-Hess Reservoir. Applicant acknowledges that any use of the diversion structures must be pursuant to an agreement with Parker Water and Sanitation District, which is the owner of those facilities. The two diversion structures for the Newlin Gulch Reservoir No. 2 are, or will be, located across the thread of Cherry Creek. Their locations are as follows: Structure decreed in Case No. 85CW448(A): at a point on the south section line of Section 34, T. 6 S., R. 66 W., 6th P.M. in Douglas County, approximately 1700 feet east of the southwest corner of said section 34. The alternate structure decreed in Case No. 99CW226: SE1/4 NW1/4 Section 3, T. 7 S., R. 66 W., 6th P.M., in Douglas County, at a point 2000 feet south of the north section

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line of Section 3 and 1950 feet east of the west section line of Section 3. Applicant does not seek a new water right for these structures; b) Pursuant to C.R.S. 37-92-302(2)(b)(II), Applicant will give notice of this application to Custom Lumber, LLC, whose address is 4203 North Bayou Hills Road, Parker, CO 80134, because Converse Wells No. 1 and 2 are located on land owned by Custom Lumber, and to Parker Water and Sanitation District, whose address is 19801 East Mainstreet, Parker, CO 80138. Applicant suggests that notice of this application be given to them by the referee as well, pursuant to C.R.S. 37-92-302(3)(c)(D). TABLE A

Applicant Name/identifying information Case Number(s) Sources

Date(s) Entered

Castle Rock (downtown area) 79CW279 Dawson, Denver,

Arapahoe

09-03-1982

Castle Rock (implied consent area) 97CW168 Dawson, Denver,

Arapahoe, LFH

08-05-2000

Castle Rock (Heritage Farm) 86CW377 Dawson, Denver,

Arapahoe, LFH

07-11-1989

Park Funding Corp. Β Castle Rock (Enderud)

79CW364, 85CW271 and 85CW272

Dawson, Denver, Arapahoe, LFH

10-26-1987

Park Funding Corp. Β Castle Rock (Castle Oaks)

79CW365 Dawson, Denver, Arapahoe, LFH

10-26-1987

Castle Oaks 94CW011 Denver, Arapahoe,

LFH

Park Funding Corp. Β Castle Rock (Mikelson)

80CW284 Dawson, Denver, Arapahoe, LFH

12-04-1987

Mikelson (Founders Village) 95CW182 Dawson, Denver,

Arapahoe, LFH

Park Funding Corp. Β Castle Rock (Glen Scott)

85CW260 Dawson, Denver, Arapahoe, LFH

10-26-1987

Park Funding Corp. Β Castle Rock (Weaver)

85CW262 Dawson, Denver, Arapahoe, LFH

10-26-1987

Park Funding Corp. Β Castle Rock (Memmen-Young)

85CW266 Dawson, Denver, Arapahoe, LFH

10-26-1987

Park Funding Corp. Β Castle Rock (Metzler Ranch)

85CW274 Dawson, Denver, Arapahoe, LFH

10-26-1987

Lincoln Savings & Loan Assoc. / Lincoln Meadows Limited Partnership (Meadows)

84CW194 Β 84CW196

Dawson, Denver, Arapahoe, LFH

Rampart Ventures (Castle Highlands) 86CW047 Dawson, Denver,

04-27-1987

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Arapahoe, LFH Plum Creek Partners Β Castle Rock 85CW197,

85CW367, 85CW388

Dawson, Denver, Arapahoe, LFH

12-27-1988

Techtrack (Dawson Ridge) W-9496-78,

80CW365, 83CW356

Denver, Arapahoe, LFH

05-20-1980, 10-12-1982, ?

MSP (Westfield Trade Center) 86CW072 Dawson, Denver,

Arapahoe, LFH

03-30-1990

Heckendorf (Crystal Crossing) 84CW173 Dawson, Denver,

Arapahoe, LFH

11-14-1985

First Capitol Corp. (Oaks, Fletcher-Birney)

82CW304, 82CW306, 84CW281

Dawson, Denver, Arapahoe, LFH

02-28-1984; 02-28-1984, 05-30-1985

Castle Rock (Castle Ridge) 96CW198 Dawson, Denver,

Arapahoe, LFH

10-22-1997

Castle Pines Land Co. Β Maher (inc. part Diamond Ridge)

84CW109, 110, 112, 113

Dawson, Denver, Arapahoe, LFH

07-21-1987

Maher Ranch Diamond Ridge 99CW039 Dawson, Denver,

Arapahoe, LFH

Maher Ranch 99CW146 Dawson, Denver,

Arapahoe, LFH

Maher Ranch 99CW195 Dawson, Denver,

Arapahoe, LFH

Plum Creek South JV (Ditmar) 83CW252 (A) and

(B) Dawson, Denver, Arapahoe, LFH

12-05-1986; 04-29-1987

Lentz (pt. Crystal Valley / pt. County) 99CW111 Denver, Arapahoe ,

LFH

C. P. Commercial 85CW473, 474 Β

85CW476 Dawson, Denver, Arapahoe, LFH

04-22-1992

C. P. Commercial 85CW475, 476 Dawson, Denver,

Arapahoe, LFH

07-21-1987

Castle Pines (Town portion) 79CW270,

85CW468 Β 85CW471

Dawson, Denver, Arapahoe, LFH

06-30-1995, 12-04-1997

U.S. Homes (Red Hawk) 94CW275,

95CW16 Dawson, Denver, Arapahoe, LFH

06-30-1995, 12-04-1997

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Colorado Dept. Transportation 95CW34 Dawson, Denver, Arapahoe, LFH

Graham 96CW162 Denver, Arapahoe,

LFH

02-04-1997

Sir Thomas (Hazen Moore) 98CW370 Dawson, Denver,

Arapahoe, LFH

Castle Rock Β Cedar Hill Cemetery (Douglas County)

99CW010 Denver, Arapahoe, LFH

01-12-1999

Main Place 01CW058 Denver, Arapahoe,

LFH

Home Depot (Cooper Hook) 01CW072 Dawson, Denver,

Arapahoe, LFH

Castle Rock (Yates & Petre) 06CW157 Dawson, Denver,

Arapahoe, LFH

12-12-2007

Rice 96CW147 Dawson, Denver,

Arapahoe, LFH

01-16-1997

The cumulative decreed amounts of the above water rights total approximately 32,400 AF/yr, not including any amount which was banked pursuant to 2 CCR 402-7, Rule 8.A. All the water rights are decreed for municipal uses, and for augmentation purposes. To the extent that any decree does not specifically include the word Αaugmentation≅ but does include the right to use and successively use the water rights, the Applicant requests that the court construe such right to use and reuse water to be the functional equivalent of allowing it to be used for augmentation. Castle Rock also seeks court approval to add additional water rights to this list of rights to be used for augmentation purposes as they are decreed by or acquired by Castle Rock, without the necessity of reopening this case or publishing information about the additional water rights. 08CW242 TOWN OF CASTLE ROCK, Attn: Director of Utilities, 174 Kellogg Court, Castle Rock, CO 80104, (303-660-1015). Henry D. Worley, MacDougall, Woldridge & Worley, PC, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905 (719-520-9288). APPLICATION FOR CHANGE OF WATER RIGHTS in DOUGLAS COUNTY. 2. Applicant is the owner of 62 percent of the 4.63 cfs of ground water rights decreed in Case No. W-5737, Division No. 1, entered on December 20, 1977, to withdraw water from Converse Well No. 1 and Converse Well No. 2. Applicant seeks to change its 62 percent of the ground water rights decreed in Case No. W-5737. 3. Converse Well No. 1, permit no. 13623R, has an appropriation date of September 8, 1950 and is decreed 2.18 cfs for irrigation. Converse Well No. 1 is located in the SE1/4 NW1/4 Section 27, T. 7 S., R. 66 W., 6th P.M., at a point whence the NW corner of said Section 27 bears North 27Ε 45' West a distance of 2962 feet. 4. Converse Well No. 2, permit no. 13624R, has an appropriation date of October 10, 1956 and is decreed 2.45 cfs for irrigation. Converse Well No. 2 is located in the SW1/4 NE1/4 Section 27, T. 7 S., R. 66 W., 6th P.M., at a point whence the NW corner of said Section 27 bears North 44Ε 53' West a distance of 3662 feet. 5. The source for Converse Well No. 1 and Converse Well No. 2 is alluvial water tributary to Cherry Creek. 6. Historic use. The water rights decreed in Case No. W-5737 historically irrigated 104 acres of land located in the S1/2 NW1/4 and SW1/4 NE1/4 Section 27, T. 7 S., R. 66 W., 6th

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P.M. A map of the historically irrigated area and a summary of diversion records are attached. 7. Proposed Change - type of use. Applicant proposes to change the type of use to all beneficial uses. Based on aerial photographs and diversion records, to the extent they exist, Applicant has determined that its 62 percent interest in the ground water rights decreed in Case No. W-5737 has yielded 76.26 acre feet of average annual consumptive use between 1953 and 1999. 8. Proposed Change - place of use. Applicant proposes to change the place of use to include all of Applicant’s municipal service area, as it exists now or may be expanded in the future. 9. Proposed Change – points of diversion. Applicant will withdraw all of its 62 percent of the ground water rights decreed in Case No. W-5737 from Converse Well No. 2. Accordingly, the proportion of Applicant’s ground water rights that was previously withdrawn from Converse Well No. 1 will be changed to be withdrawn from Converse Well No. 2 and Applicant will no longer withdraw water from Converse Well No. 1. The remaining 38 percent of the ground water rights decreed in Case No. W-5737 are not being changed in this case and will continue to withdraw from Converse Well No. 1 by the owner of the remaining 38 percent of the Converse Well No. 1 water right. In addition, Applicant seeks to use the Liberty Village Wells, described below, as alternate points of diversion for the Converse Well No. 2 water rights. The Liberty Village Wells are also the subject of a contemporaneously filed application for new underground water rights. No more than three of the six described Liberty Village wells will be constructed. Which of the wells will be constructed will depend on the locations compatibility with the city park on which they will be constructed, and upon aquifer characteristics based on test drilling. The Liberty Village well sites are all on land owned by the Town of Castle Rock. A. Liberty Village Well No. 1. Location: SW1/4 SW1/4 Section 22, T. 7 S., R. 66 W., 6th P.M., in Douglas County, Colorado, 1,280 feet from the south section line and 800 feet from the west section line. B. Liberty Village Well No. 2. Location: SW1/4 SW1/4 Section 22, T. 7 S., R. 66 W., 6th P.M., in Douglas County, Colorado, 800 feet from the south section line and 1,000 feet from the west section line. C. Liberty Village Well No. 3. Location: SW1/4 SW1/4 Section 22, T. 7 S., R. 66 W., 6th P.M., in Douglas County, Colorado, 300 feet from the south section line and 700 feet from the west section line. D. Liberty Village Well No. 4. Location: NW1/4 NW1/4 Section 27, T. 7 S., R. 66 W., 6th P.M., in Douglas County, Colorado, 550 feet from the north section line and 1,100 feet from the west section line. E. Liberty Village Well No. 5. Location: NW1/4 NW1/4 Section 27, T. 7 S., R. 66 W., 6th P.M., in Douglas County, Colorado, 1100 feet from the north section line and 1300 feet from the west section line. F. Liberty Village Well No. 6. Location: NE1/4 NW1/4 Section 27, T. 7 S., R. 66 W, 6th P.M., in Douglas County, Colorado, 1,150 feet from the north line and 2,340 feet from the west line. 10. Miscellaneous. Applicant will give notice of this application to Custom Lumber, LLC, whose address is 4203 North Bayou Hills Road, Parker, CO 80134. Custom Lumber, LLC, is the owner of Converse Well No. 1 and the owner of the land upon which Converse Wells No. 1 and 2 are located. Applicant will supplement this application with evidence of its notice of the application to Custom Lumber, LLC. 08CW243 Richard H. Bard and Pamela S. Bard, 535 16th Street, Suite 200, Denver, Colorado 80202, North Fork Associates, LLC and Mountain Mutual Reservoir Company, P. O. Box 27567, Lakewood, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR SURFACE AND UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN CLEAR CREEK AND JEFFERSON COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Numbers: Greystone Well No. 1 (Permit No. 110155). 2. Legal Description of the Well: Greystone Well No. 1 is located in the NW 1/4 SE 1/4 of Section 1, Township 5 South, Range 72 West, 6th P.M., Jefferson County, at a point approximately 1,370 feet from the South Section line and 2,450 feet from the East Section line of said Section 1. 3.A. Source of Water: Ground water that is tributary to Bear Creek and the South Platte River. 3.B. Depth of Well: 450 feet. 4.A. Date of

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Appropriation: September 10, 1979. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and construction of the well. 4.C. Date Water Applied to Beneficial Use: August 21, 1981. 5. Amount Claimed: 4 gallons per minute, Absolute. 6. Uses: Domestic, irrigation, commercial and fire protection purposes. 7. Names and Address of Owners of Land on which the Well is Located: Richard H. Bard and Pamela S. Bard, as described above. 8. Remarks: The Permit for the Greystone Well No. 1 was originally issued pursuant to C.R.S. §37-92-602. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 110155 be cancelled. APPLICATION FOR SURFACE WATER RIGHT: 1. Name of Structure: Greystone Pumping Plant, and Pipe Line No. 1. 2. Legal Description of the Structure: Greystone Pumping Plant, and Pipe Line No. 1. is located in the SW 1/4 SE 1/4 of Section 1, Township 5 South, Range 72 West, 6th P.M., Jefferson County, at a point approximately 770 feet from the South Section line and 2,390 feet from the East Section line of said Section 1. 3. Source of Water: Bear Creek and its tributaries. 4.A. Date of Appropriation: June 1, 1950. 4.B. How Appropriation was Initiated: Use of the water. 4.C. Date Water Applied to Beneficial Use: June 1, 1950. 5. Amount Claimed: 40 gallons per minute, Absolute. 6. Uses: Irrigation and fire protection purposes. 7. Names and Address of Owners of Land on which the Structure is located: Richard H. Bard and Pamela S. Bard, as described above. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: Greystone Well No. 1. Greystone Pumping Plant and Pipe Line No. 1. Up to six additional wells may also be constructed under this augmentation plan if needed to fully satisfy the water requirements more particularly described herein. 2. Water Rights to beUsed for Augmentation Purposes. a. Richard H. Bard and Pamela S. Bard (“Bards”), have entered into a contract with North Fork Associates, LLC to purchase 115 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 115 shares represent the right to receive 3.5 acre feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs

May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs

The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:

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Appropriation Date

Priority Number Source Amount MMRC Entitlement

Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 94CW290, 2000CW060 and 2001CW293. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The Bards are the owners of four separate contiguous parcels of property located in the W 1/2 SE 1/4 and the E 1/2 SW 1/4 of Section 1, Township 5 South, Range 72 West, 6th P.M., Jefferson County and Clear Creek County. The properties encompass approximately 57 acres. Two of the parcels are approximately one acre in size and are currently undeveloped. The combined size of the other two parcels is approximately 55 acres, (“55 acre parcel”). The properties are locally referred to as Greystone Lodge and are depicted on the attached Exhibit "A." b. Several structures are located on the 55 acre parcel. They are referred to as the Manor House, the Carriage House, the Guest House, the Stone Cottage, the Log Cabin, the Pavilion and the Pool House. The domestic water supply for the structures is the Greystone Well No. 1. Up to four additional wells may be constructed in the future if production from the existing well ever becomes insufficient to satisfy the water requirements described herein. Domestic water is delivered to the buildings via a central water distribution system. Residents, staff and guests use water for typical sanitary and culinary purposes. Wastewater from all in-building uses of water is treated at the regional wastewater treatment plant operated by the Evergreen Metropolitan District. Approximately 2.5

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acres of lawn grass and other vegetation may be irrigated. Water for irrigation is obtained primarily using the Greystone Pumping Plant and Pipe Line No. 1. Water is also used to replace evaporation losses from an outdoor swimming pool, a hot tub and a water feature. The pool is equipped with a cover. c. Water usage inside the buildings on the 55 acre parcel is approximately 1.88 acre-feet per year. Gross irrigation requirements for lawn grass are no more than 1.25 acre-feet of water per irrigated acre at this location. d. This augmentation plan also covers water usage within up to two single-family homes that may be constructed on the one acre parcels described above. Each home will be served by a separate well. Based on prior engineering studies, it is assumed that the maximum average occupancy of the single family residences will be 3.5 persons, and that the per capita daily water usage will not exceed 80 gallons as an annual average. Wastewater from the homes will be treated at the regional wastewater treatment plant operated by the Evergreen Metropolitan District. There will be no outside usage of water on either of the one acre parcels. e. The mix of water uses described herein may vary over time. However, regardless of the purposes for which water is used, total consumption shall be limited to the volume of augmentation and replacement water described herein. f. Depletions associated with water that is used inside buildings will be based on a five percent (5%) consumption factor. Consumption of lawn grass at this location is 1.0 acre-foot per acre. Maintenance of water levels in the swimming pool, the hot tub and the water feature are projected to require approximately 0.04 of an acre foot of water per year. Maximum stream depletions will not exceed 3.5 acre-feet per year. Depletions during the months of May through September are not expected to exceed approximately 0.66 of an acre-foot per month. Depletions during the remainder of the year are not expected to exceed approximately 0.026 of an acre-foot per month. g. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. h. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. i. Since the point of depletion associated with water usage at the subject property is upstream of the Harriman Ditch headgate, the Bards assert an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County; and thence up Bear Creek to the point where depletions from the properties impact the Creek in the SW 1/4 SE 1/4 of Section 1, Township 5 South, Range 72 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Bear Creek and the South Platte River as the depletions occur. The exchange may also be used to fill existing on-site storage containers. The exchange will be administered with a priority date of October 31, 2008, at a maximum flow rate of 0.1 of a cubic foot per second. 4. Names and Address of Owners of Land on which New Structures will be Located: Richard H. Bard and Pamela S. Bard, as described above. WHEREFORE, the Bards request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Bards also request a determination that the diversion facilities described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Bards further request the entry of an Order directing the State Engineer to issue permits for the subject wells. (8 pages and one exhibit). AMENDMENTS

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03CW404. Union Ditch Company, P. O. Box 445, Greeley, Colorado 80632, (970) 353-1292. (James A. Gustafson, 1010 Ninth Avenue, P. O. Box 1417, Greeley, Colorado 80632, (970) 356-8200). Fourth Amended Application For Change of Water Rights, Application For New Water Right and Approval of Plan For Augmentation in WELD COUNTY. 1. Name, mailing address, telephone number of applicant: Union Ditch Company, P. O. Box 445, Greeley, Colorado 80632, (970) 353-1292; Union Well Augmentation Group, Ltd., 1135 Eighth Avenue, Suite B, Greeley, Colorado 80631, (970) 353-6121. All future correspondence and pleadings to: James A. Gustafson, Esq., P. O. Box 1417, Greeley, Colorado 80632. 2. Purposes of Application: Co-Applicant, Union Ditch Company, is a non-profit mutual irrigation company organized pursuant to §7-42-101, et seq., Colorado Revised Statutes. Co-Applicant, Union Well Augmentation Group, Ltd. (UWAG), are well owners under or in the vicinity of the Union Ditch system. Hereinafter, Union Ditch Company and UWAG will be referred to as Union or applicant. The purpose of this Application is: (a) To obtain a new water right for augmentation, replacement, exchange, storage, and/or recharge purposes; (b) To change the use of certain water rights that applicant owns or has the right to use that are currently decreed for irrigation to allow said water to also be used for augmentation, replacement exchange, storage, recharge and substitute water supply purposes, either directly or following storage; (c) To provide the ability to use recharge locations where water rights and the changed water rights can be delivered and used for storage and recharge purposes; (d) To adjudicate a plan for augmentation that uses the net consumptive use of water associated with the water rights to be changed herein, as well as other water rights to which applicant is entitled, either on a direct flow or release from storage basin, to replace out-of-priority depletions associated with well pumping from wells described hereinafter and/or to replace historical return flows from the changed water rights or additional water rights, to the extent necessary to prevent legal injury to other water rights; (e) To provide for the inclusion of additional replacement water, including that provided by retiming wells, augmentation wells, by-passed senior water rights, leased water rights, excess augmentation credits obtained by augmentation plans of The Lower Latham Reservoir Company, The New Cache La Poudre Irrigating Company and The Ogilvy Ditch Company, or any other entity with water sources available, and use of other structures or water rights which applicant obtains the right to use in the future and which are legally available for augmentation use, into the plan for augmentation applied for herein; (f) To change the use of Union Ditch Company and Union Reservoir Company water rights of well users under this plan of augmentation and the points of diversion of water rights to allow for storage or for delivery to recharge sites for augmentation when said water is available for said use; (g) To provide for the dry-up and temporary dry-up of irrigated ground of well users under the plan of augmentation if insufficient replacement water is available. CLAIM NO. 1, CHANGE OF WATER RIGHTS, (Union Reservoir Water). 1. Name of Water Rights For Which Change is Sought: (a) Union Reservoir. The applicant seeks to change 5.75 shares in the storage rights decreed to Union Reservoir, a storage reservoir sometimes known as Calkins Lake. Union Reservoir is owned by the Union Reservoir Company, a non-profit mutual reservoir company, incorporated in Colorado. Union Reservoir is located in portions of Sections Thirty (30), Thirty-One (31), and Thirty-Two (32), Township Three (3) North, Range Sixty-Eight (68) West of the 6th P.M., and Sections Five (5) and Six (6), Township Two (2) North, Range Sixty-Eight (68) West of the 6th P.M., Weld County, Colorado. The feeders of Union Reservoir are the Oligarchy Ditch, which diverts water from St. Vrain Creek, and a ditch from Spring Gulch, which collects drainage water and discharges into St. Vrain Creek. The Oligarchy Ditch headgate is located on St. Vrain Creek in the Northeast Quarter (NE 1/4) of Section Twenty-Seven (27), Township Three (3) North, Range Seventy (70) West of the 6th P.M., Boulder County, Colorado, at a point whence the East Quarter Corner (E 1/4 Cor) of said Section Twenty-Seven (27) bears South 27º26' East a distance of 560 feet, more or less; the East line of the Northeast Quarter (NE 1/4) of said Section Twenty-Seven (27) as bearing North 00º32' 42" West with all bearings relative thereto. The head of the ditch from Spring Gulch is

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located in Weld County, Colorado, at a point whence the Southwest Corner (SW Cor) of Section Thirty-One (31), Township Three (3) North, Range Sixty-Eight (68) West of the 6th P.M. bears South 12º West a distance of 800 feet. The outlet of Union Reservoir is on Spring Gulch near its confluence with St. Vrain Creek. (See attached Map A.) (b) Existing Decrees. Union Reservoir has the following absolute storage right decreed to it: Case No. CA 4790, Adjudication date: 3/13/1907, Appropriation date: 10/6/1902, Amount: 13,219 acre feet; Case No. W-7486, Adjudication date: 3/11/1977, Appropriation date: 5/1/1973, Amount: 5,879 acre feet. The above water rights were originally adjudicated for agricultural purposes (irrigation). The water rights decreed in Case No. CA 4790 are sometimes referred to herein as the Senior Union Decree. The water right decreed in Case No. W-7486 is sometimes referred to herein as the Refill Decree. The Senior Union Decree and the Refill Decrees are sometimes collectively referred to as the Reservoir Rights. (c) Shares to be Changed. Union Ditch Company owns 5.75 shares out of the total 250 issued and outstanding shares of capital stock of the company. Applicant seeks to change the use of these shares as stated herein. (d) Water from the 5.75 shares of Union Reservoir has historically been used as supplemental irrigation water to irrigate lands below the Union Ditch. Because these rights have been historically used for supplemental irrigation water, historical use did not fall into any uniform pattern and varied from year to year depending on cropping patterns, weather conditions, and availability of other sources of water. Applicant will quantify a representative pattern of historical use and will maintain return flow replacement obligations, as necessary, to prevent injury to other water rights by releasing water to the South Platte River from any or all of the augmentation sources identified herein.(e) The above water rights were originally adjudicated for agricultural purposes, but all 250 shares in the Union Reservoir Company, including the 5.75 shares owned by applicant, were changed to augmentation, replacement, exchange, municipal and other uses by the City of Longmont in Case No. 87 CW 222. It was decreed in Case No. 87 CW 222 that average annual releases from the Union Reservoir to the St. Vrain Creek over a representative study period (1929 through 1972) were 3,827 acre feet (15.3 acre feet per share) and that the historical use of the shares resulted in an average consumptive use of 50% of the reservoir releases and the remaining 50% of the releases are attributable to return flows and ditch losses. 2. Proposed Change. Applicant seeks to change the use of the 5.75 shares to include augmentation, replacement, exchange for use by applicant as provided herein, as well as the decreed changes in Case No. 87 CW 222, with the right to the totally consumable portion of the water, either by first use, successive use, or disposition. Since the historical use of the shares and the terms and conditions for the use of the shares for augmentation, replacement and exchange have already been decreed in Case No. 87 CW 222, applicant is merely seeking Court confirmation of its right to make such uses itself at the location(s) provided in the augmentation plan. 3. Proposed Plan of Operation. This combined Application For Change of Water Right, For a Junior Water Right and Approval of a Plan For Augmentation will obtain the necessary Water Court approval for an integrated water supply plan which will provide a source of augmentation water for the wells listed herein. 4. The Name and Address of Owner of Structures. The Union Reservoir is owned by Union Reservoir Company, c/o Donna Coble, Secretary, 1135 8th Avenue, Suite B, Greeley, Colorado 80631. CLAIM NO. 2, APPLICATION FOR DIRECT FLOW AND STORAGE WATER RIGHT. 1. Name of Structure: Union Ditch. 2. Legal Description of Structure: The headgate of the Union Ditch is located in the Northeast Corner (NE Cor) of Section Eighteen (18), Township Four (4) North, Range Sixty-Six (66) West of the 6th P.M., Weld County, Colorado. 3. Source: Unappropriated water which is tributary to the Union Ditch and the South Platte River. 4. Date of Appropriation: December 19, 2003, by the filing of this water application. 5. How Appropriation Will Be Initiated: Applicant will divert unappropriated water through Union Ditch and deliver it into the recharge or storage pond(s) listed herein when it is available. 6. Amount Claimed: 183 c.f.s. with the right to store and recharge up to 10,000 acre feet per year. 7. Type of Use: Augmentation, replacement, exchange, irrigation, domestic, municipal, commercial, industrial, fire protection,

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watering of livestock, recreational, piscatorial, wildlife propagation, storage, and other uses approved by the Court. (a) Place of Use: Weld County. Properties of the well users listed herein under the Union Ditch and Western Mutual Ditch consisting of 2,550 acres. 8. Name and Address of Owner of Land on Which Water May be Stored and Used For Recharge and Augmentation (See attached Map B): Nancy Mercure SE 1/4, NW 1/4 and SW 1/4, NE 1/4, Sec. 5, Twp. 4 351 17th Street N., Rng. 65 W. of the 6th P.M. Boulder, CO 80645 Harry Strohauer SW 1/4, NE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W. of 19595 WCR 50 the 6th P.M. LaSalle, CO 80645 William J. Franklin SW 1/4, SW 1/4, Sec. 28, Twp. 5 N., Rng. 65

W. of 25233 WCR 43 the 6th P.M. Greeley, CO 80631 Miller Feed Lots, Inc. N 1/2, Sec. 1, Twp. 4 N., Rng. 66 W. of the 6th P. O. Box 237 P.M. LaSalle, Colorado 80645 Mike Boulter Part SW 1/4, Sec. 27, Twp. 5 N., Rng. 65 W. of

6th 22019 WCR 54 P.M. Greeley, Colorado 80631 Part NW 1/4, Sec. 34, Twp. 5 N., Rng. 65 W. of

6th P.M. CLAIM NO. 3; APPLICATION FOR APPROVAL OF AUGMENTATION PLAN. 1. Name of Structures to Be Augmented: Table 1. Wells included in the Union/UWAG substitute water supply plan

WDID Well Owner Permit No Case No

Ditch Company Service Area T R S q40 Q160

2-5218 Gary Alles 7196 W459 Union 5N

65W 23

NW SE

2-8232 Gary Alles 7226 W1486 Union 5N

65W 23 SW NE

2-5225 John L. Alles 11348F W561 Union 5N

65W 33

NW NW

2-5223 Mike Boulter 10395 W562 Union 5N

65W 27 SW NE

2-5215 HJJ Farms 1033 W562 Union 5N

65W 33

NW NE

2-5221 HJJ Farms 1034 W562 Union 5N

65W 33 SW NW

2-5224 HJJ Farms 12801 W562 Union 5N

65W 33 SW NE

2-5220 Randy Alles 16094 W924 Union 5N

65W 26 SW NW

2-5449 Mike Boulter 10725 W2398 Union 5N

65W 34 SE SW

36

2-5450 Mike Boulter 10726 W2398 Union 5N

65W 34 SW SW

2-5529 Mike Boulter 264 W664 Union 5N

65W 34 SW NW

2-8109 Mike Boulter 1763 W172 Union 5N

65W 27 SW SW

2-8110 Mike Boulter 1764 W172 Union 5N

65W 27 SW SW

2-6962 Mike Boulter R13565 W401 Union 5N

65W 27 SW NW

2-6978 Rex & Mary Ann Craven 10415 W290 Union 4N

65W 4 SW NW

2-6461 Lyle & Sandra Dickens 5846F W180 Union 5N

65W 32 SW NE

2-5219 Bill Dumler 12196 W2052 Union 5N

65W 27 SW SE

2-7101 William J. Franklin 13151 W2828 Union 5N

65W 28 SW SE

2-6596 LeRoy K. Hoff 13033R W4270 Union 5N

65W 27

NW NE

2-5588 Hoshiko Farms, Inc. 1 13086F W785 Union 5N

65W 22 SW SW

2-5041 Hoshiko Farms, Inc. 5923 W4270 Union 5N

65W 23

NW NE

2-6979 Jessie & Bill Kallas 10416 W290 Union 4N

65W 4

NW SE

2-6780 G.A. Keiser 13981 W1778 Union 5N

65W 33

NW SW

2-5731 G.A. Keiser 384 W696 Union 4N

65W 5

NW NE

2-7142 George Maxey 15889 W4323 Union 5N

65W 24

NW SE

2-8233 George Maxey 7227 W1486 Union 5N

65W 24 SW NW

2-7172 George B. & Betty J. McClellan 171 W599 Union

4N

65W 4 SW NE

2-8049 Nancy Mercure 1-7211 W277 Union 4N

65W 5 SW NW

2-8051 Nancy Mercure 2-7213 W277 Union 4N

65W 5 SE NW

2-8050 Nancy Mercure 2-7210 W277 Western 4N

65W 8

NW NW

2-8053 Nancy Mercure 4-4396F W277 Western 4N

65W 8

NW NW

2-8048 Nancy Mercure 1-7209 W277 Western 4N

65W 8 SW NW

2-8052 Nancy Mercure 3-7212 W277 Western 4N

65W 8

NW NW

2-7241 Miller Feed Lots, Inc. 1-13586 W4209 None 4 66 1 SW SW

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N W

2-8600 Stephen E. Mokray 04131F W315 Union 5N

65W 27

NW NW

2-6686 Janet L. Ream 8641 W640 Union 5N

65W 14 SW SE

2-7960 Raymond Sauer 13910 W1603 Union 5N

65W 33 SW SW

2-8202 James K. Stewart 948 W3508 Union 5N

65W 32 SW SW

2-5443 Harry Strohauer 7225 W2108 Union 5N

65W 32 SW SE

2-6178 Harry Strohauer 0170 W3025 Union 5N

65W 33 SW SE

2-6376 Harry Strohauer NR W3118 Western 4N

65W 5 SE SW

NA Janet L. Ream (Ream Pond) 2 NR

2000CW159 Union

5N

65W 14 SE SE

1 Wells owned by Hoshiko Farms, Inc. are also included in an independent application for augmentation (Case Number 03CW250). 2 The Ream Pond has not been built yet, but could be during the duration of this plan. NA=WDID is not available NR=structure is not registered

Groundwater depletions caused by the wells in this plan had an annual historical consumptive use of 250 acre feet for 1974 through 2004, but future depletions are anticipated to decline. The 42 wells listed above (member wells) include 36 wells under the Union Ditch system, 5 wells under the Western Mutual Ditch system and 1 well which does not make use of surface water shares under either of these two ditch systems, and the Ream pond. (See attached Map C). (a) Groundwater depletions caused by the wells in this plan had an annual historical consumptive use of 250 acre feet for 1974 through 2004, but future depletions are anticipated to decline. 2. Replacement Water Sources: (a) Recharge ponds listed below: Recharge Site Legal Description Mercure #1 SE 1/4, NW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th

P.M. Mercure #2 SW 1/4, NE 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th

P.M. Strohauer SW 1/4, NE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W., 6th

P.M. Franklin SW 1/4, SW 1/4, Sec. 28, Twp. 5 N., Rng. 65 W., 6th

P.M. Miller N 1/2, Sec. 1, Twp. 4 N., Rng. 66 W., 6th P.M. Boulter Part SW 1/4, Sec. 27, Twp. 5 N., Rng. 65 W., 6th P.M. Part NW 1/4, Sec. 34, Twp. 5 N., Rng. 65 W., 6th P.M. Any other site deemed appropriate and approved by the Division Engineer. (b) The development of recharge and storage structures upon the properties listed herein or any other sites that are appropriate and approved by the Division Engineer. The above 6 potential recharge structure locations in the vicinity of the Union Ditch service area and representative canal reaches of the

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Union Ditch will provide a long-term water replacement option for well members. Union proposes to develop recharge structures to the extent needed to augment average annual well depletions of well members. The changed water rights and junior water rights applied for herein (and other water rights available) will be diverted through the Union Ditch when it is not being used for irrigation purposes into the recharge structures so it can be utilized for replacement and augmentation purposes to replace depletions caused by member wells. (c) Union owns 5.75 shares of Union Reservoir Company that have been leased by Applicant on an annual basis. Applicant will utilize the consumptive use of these shares to replace depletions caused by well members. (d) Applicant has secured or will secure agreements from well members who own permitted augmentation wells (retiming wells) listed below. (e) UWAG will utilize 1 share of Union Ditch Company that it owns for augmentation purposes. (f) UWAG will utilize senior water rights it leases on a long term basis for replacement water to offset depletions caused by Applicant’s well pumping until its recharge site is fully operational. (g) UWAG members will dedicate an appropriate number of shares of Union Ditch Company it owns and dry up an appropriate number of acres of farm ground under the Union Ditch and change the use of these shares for augmentation purposes.(h) The following retiming wells to be utilized in the plan are: Well Well Owner Permit No. Legal Description N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 27210 SW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 37212 NW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 27213 SE 1/4, NW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 44396F SW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 17211 NW 1/4, SW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. H. Strohauer 19595 WCR 50 LaSalle, CO 80645 (970) 284-6526 7225 SW 1/4, SE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W., 6th P.M. H. Strohauer & R. Boulter 19595 WCR 50 LaSalle, CO 80645

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(970) 284-6526 NR NE 1/4, SW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. Stream depletions caused by the pumping of the retiming wells will be determined with the Glover or other acceptable methodology. (i) Applicant has secured or will secure agreements from The Lower Latham Reservoir Company, The New Cache La Poudre Irrigating Company, The Ogilvy Ditch Company, the City of Longmont, the City of Loveland, or any other entity with water sources available or with excess augmentation credits that are legally available for augmentation use to utilize in its’ augmentation plan. (j) Union well members will have the ability to bypass a portion of their Union Ditch Company water during periods of time when there is insufficient replacement waters available for their depletions if other augmentation resources are not available. (k) Union well members will agree that to the extent the forecasted depletions cannot be replaced by suitable augmentation sources that their well pumping will be curtailed to the extent necessary to prevent injury to other vested senior water rights. 3. Applicant will provide appropriate accounting as to the operation of this plan of augmentation as required by the Division Engineer. (a) Depletions from well pumping are to be determined with the water budget method or whatever method is determined acceptable by the Court. Out-of-priority depletions to the river will be replaced at the appropriate time, location, quantity and quality. The lagged effects of ground water pumping will be estimated using Glover or other acceptable methodology. CLAIM NO. 4; APPLICATION FOR CHANGE OF WATER RIGHTS; (Union Ditch Water). 1. Name of Water Rights and Structures Which Change is Sought: (a) Union Ditch Company shares of well members. Applicant seeks a change of use/bypass of 145 shares that the well-users own of the total 250 shares under the Union Ditch to use in their augmentation plan listed herein.(b) Union Ditch water rights are direct flow rights, by original appropriation, decreed to the Union Ditch from the South Platte River.(i) Decree entered: April 28, 1883, in Case No. 6009. (ii) Appropriation dates and amounts: Appropriation date: 11/5/1874 for 100 c.f.s. Appropriation date: 11/2/1881 for 84.03 c.f.s. (iii) Decreed point of diversion: The headgate of the Union Ditch is located in the Northeast Corner (NE Cor) of Section Eighteen (18), Township Four (4) North, Range Sixty-Six (66) West of the 6th P.M., Weld County, Colorado. 2. Source: South Platte River. 3. The 145 shares of Union Ditch have been historically diverted at the Union Ditch headgate and used for agricultural irrigation on approximately 5,351 acres of farm ground under the Union Ditch service area located in §§ 2 and 3, Twp. 4 N., Rng. 66 W., and §§ 3, 4, 5, and 6, Twp. 4 N., Rng. 65 W., and §§ 14, 22, 23, 24, 26, 27, 28, 31, 32, 33, and 34, Twp. 5 N., Rng. 65 W., and §§ 7, 16, 19, and 27, Twp. 5 N., Rng. 64 W. of the 6th P.M., Weld County. (Map D is provided in the ditch-wide analysis.) Union Ditch Company shareholders who own 9 shares of the Union Ditch Company are requesting their shares be changed for the uses listed in paragraph no. 4 below. Front Range Feedlots has 4 shares of Union Ditch Company that it is changing the use for augmentation in District Court, Water Division 1, Case No. 06CW114, that will be quantified in this case based upon a ditch-wide analysis. 4. Change Sought: During times when there is insufficient replacement water available for this Plan of Augmentation, applicant may bypass the water associated with certain of the 144.5 shares belonging to the well members. UWAG members will dedicate an appropriate number of shares of Union Ditch Company it owns and dry up an appropriate number of acres of farm ground under the Union Ditch and change the use of these shares for augmentation purposes. To prevent injury to other water rights, and to prevent expanded use of the senior water rights, a portion of the above well members’ farm ground will be temporarily dried up on a seasonal basis whenever such bypass occurs. Return flow obligations for these changed shares shall be accounted for and replaced. The use of the shares shall be for augmentation replacement, exchange, irrigation, domestic, commercial, industrial, fire protection, watering of livestock, recreational, piscatorial, wildlife propagation, storage, and other uses approved by the Court. The maps designating historic irrigated acreage, currently irrigated acreage and formerly irrigated lands current dried-up and removed from irrigation under the Union Ditch Company system as provided in the ditch-wide analysis will be incorporated into the Decree entered in this case. Applicant or any other owner of shares in the

40

Union Ditch Company system may rely on the findings made herein regarding historic consumptive use, amount and location of use and dried-up historically irrigated acreage and related matters determined herein in any future applications for change of use of the subject water rights reflected by Union Ditch Company shares, which determinations shall be res judicata in the absence of showing of subsequent events which were not addressed by this Court herein and which are germane to the question of injury. See Concerning Application for Water Rights of Midway Ranches Property Owners’ Association, 938 P.2d 515, 526 (Colo. 1997). 04CW223. T & M Livestock, 20830 MCR 24, Fort Morgan, Colorado, 80701. 970-380-6353. C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, #200, Greeley, CO, 80634, (970)674-9888. Second Amendment to Application for Change of Water Right and Plan for Augmentation in MORGAN COUNTY. 2. Name of Structure. Doty Well No. 1-14163 (Well). 3. Amendment. The proposed change of water right for the Well remains the same as set out in ¶2 of the Application and ¶3 of the Amendment herein. The Plan for Augmentation set out in ¶4 of the Application for the Well is amended as follows. An Exchange of recharge accretions is added by ¶5. 4. Plan for Augmentation. 4.3. Replacement Sources. 4.3.1. Recharge accretions leased from the Riverside Irrigation District and other water rights legally available and approved as a replacement supply by the State Engineer. 5. T&M Exchange. Applicant claims an appropriative right of exchange for the diversion of excess recharge accretions generated by operation of the recharge and augmentation plan herein. 5.3. Legal Description of upstream and downstream terminus of exchange. Upstream Terminus (exchange to point): the headgate of the Deuel and Snyder Canal described above. Downstream Terminus (exchange from point): From the NE 1/4 of Section 31, T. 4 North, R. 57 West of the 6th P.M. (in the vicinity of Highway 52 as it crosses the South Platte River) to approximately the SE 1/4 of Section 19, T. 4 North, R. 56 West of the 6th P.M. (at the point where Wildcat Creek enters the South Platte River), in Morgan County, Colorado. 5.1. Date of Appropriation. October 22, 2008. 5.2. How Appropriation Was Initiated: Formation of intent to divert water and operate the exchange and filing of this application. 5.3. Amount: Applicant intends to exchange water at rate equal to the maximum rate of its excess recharge accretions. The rate of exchange will not exceed 84 c.f.s. 6. Name and Address of Owners of Structures. Applicant owns the Well. The Deuel and Snyder Improvement Company, c/o Scott Kembel, President, 17450 Beaver Creek Dr., Brush, Colorado 80723, owns and operates the Deuel and Snyder Improvement Company Ditch.

06CW136 AMENDED APPLICATION FOR CHANGE OF WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION IN ELBERT COUNTY. COMES NOW Applicant, by and through its undersigned attorneys, and hereby amends the application filed with this Court in June, 2006, to amend the application as follows: 1. Name, address, and telephone number of Applicant: Running Creek Golf, LLC, 9735 E. Tom Tom Drive, Parker, CO 80138, (303) 841-8072 Attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702, jjp@petrockfendel.com; 2. Request for Change of Water Right: A. Name and description of structure to be changed: Well #20205-1 (Permit No. 20205-R-R), as decreed on May 8, 1974, in Case No. W-3790, District Court, Water Division 1, as changed in Case No. 96CW079, District Court, Water Division 1, at a rate of flow of 1.3 cfs for irrigation of approximately 100 acres of golf course in the E1/2 of Section 32 and the W1/2 of Section 33, T6S, R64W, with appropriation date of October 31, 1954. The well is generally located in the NE1/4SE1/4 of Section 32, T6S, R64W of the 6th P.M., whence the northeast corner of said Section 32, bears N 12° E, approximately 3157 feet, as shown on Attachment A. The source of the well is groundwater tributary to Running Creek; B. Proposed change: Applicant is not enlarging, expanding or increasing the decreed quantity of water which may be applied to beneficial use, or attempting to

41

change the character, purpose or place of use of the subject water right. By this application, Applicant requests that the water right associated with Well #20205-1 (Permit No. 20205-R-R), also be withdrawn through an alternate point of diversion well (Well HG1) which will be located in the SW1/4NW1/4 of Section 33, T6S, R64W of the 6th P.M., at a point approximately 2424 feet from the north and 445 feet from the west section lines of Section 33, as shown on Attachment A. Said well will be located within 100 feet of Running Creek and will operate as a headgate well. The rate of flow and annual amount to be withdrawn through either one or a combination of the two wells will not exceed 1.3 cfs and 200 acre-feet per year, respectively. 3. Amended Request for Approval of Plan for Augmentation: A. Structures to be augmented: Well #20205-1 (Permit No. 20205-R-R) and the alternate point of diversion Well HG1 as described in paragraph 2.A and B above. B.Water rights to be used for augmentation: Discharge or return flows from use of nontributary groundwater decreed in Case No. 96CW265 and 2000CW074, District Court, Water Division 1. Applicant has the right to use 200 acre-feet per year of nontributary Arapahoe aquifer water through and existing well as permitted in Well Permit No. 61053-F, which is permitted for irrigation and augmentation purposes. The well is located adjacent to Running Creek in the NE1/4SE1/4 of Section 32, T6S, R64W of the 6th P.M. Applicant also has the right to use additional amounts of nontributary Denver, Arapahoe, and Laramie-Fox Hills aquifer groundwater as decreed in Case No. 96CW265 and 00CW074, which are owned and initially used by the Spring Valley Metropolitan District No. 1, including direct discharge and the use of treated effluent from use of nontributary groundwater within the District, which is returned to the Running Creek stream system in Section 33, T6S, R64W of the 6th P.M. Said nontributary groundwater is also withdrawn through District wells as permitted in Well Permit Nos. 61156-F, 61054-F, and 60707-F. C. Amended description of plan for augmentation: Under this amended plan for augmentation, Applicant will divert the subject water right described in paragraph 2 above through Well #20205-1 (Permit No. 20205-R-R) or the alternate point of diversion Well HG1, when said water right is out of priority for irrigation use. Said water will be used for irrigation of approximately 100 acres of land, generally located in part of Section 32 and 33, T6S, R64W of the 6th P.M. To allow continued diversions from the water right when not in priority, Applicant will replace the depletions during the out of priority period to Running Creek, using the nontributary groundwater described above by direct discharge, from irrigation and effluent return flows, or by releases of stored nontributary groundwater from sites located on Applicant's land or within the boundary of the Spring Valley Metropolitan District No. 1. 5. Name of owner of land on which the structures are located: Applicant. All other matters remain the same as shown in the June, 2006, resume for Water Division 1. WHEREFORE, Applicant prays that this Court enter a decree granting the amended application requested herein and finding that the change of water right and amended plan for augmentation requested herein, will prevent injury to owners and users of vested and conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, 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 December 2008 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $158.00 filing fee. A copy of each Statement of Opposition must also be

42

served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.