DISTRICT COURT, WATER DIVISION 1, COLORADO OCTOBER 2007 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 2007 for each County affected. 07CW226 JOHN C. AND SUSAN K. MAUS, 10816 SNOW CLOUD TRAIL, LITTLETON, CO 80125. Telephone: (303) 841-3660. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Maus Well. Date of original Decree: 11-16-2001 in case no. 96CW451 in Water Division 1. Legal description: SW1/4, SE1/4, S11, T9S, R75W of the 6th PM at a distance 850 feet from South and 1800 feet from East. Street address: 1476 Quarter Horse Road. Subdivision: Indian Mountain, Lot 520, Filing 26. Source: groundwater. Appropriation date: May 31, 1973. Amount: .0033 cubic feet per sec. (15 gpm) conditional. Use: Household use only in a single family dwelling not including irrigation. The return flow from such uses shall be returned to the same stream system in which well is located. 07CW227 DAVID GRAPKO, 10225 LIME STONE CT., PARKER, CO 80134. Telephone: (303) 841-6692. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Name of structure: Grapko Well, permit 60243F. Date of original Decree: 09-11-2001 in case no. 96CW368 in Water Division 1. Legal description: NE1/4, NE1/4, S21, T9S, R75W of the 6th PM at a distance 1045 feet from North and 1110 feet from East. Street address: 430 Spearpoint Rd., Como, CO. Subdivision: Indian Mountain, Lot 68, Filing 5. Source: groundwater. Appropriation date: May 31, 1973. Amount: <15 gal per minute. Use: Household use only in a single family dwelling not including irrigation. The return flow shall be returned to the same stream system in which the well is located. Depth: 300 ft. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed: Well has been drilled and use started in Dec. 2004. If claim to make absolute, date water applied to beneficial use; Dec. 2004. Amount: <15 gpm. Use: Drinking and cleaning. Description of place of use where water is applied to beneficial use: 430 Spearpoint Road, Indian Mountain, Lot 68, Filing 5, Como, CO. 07CW228 ANTHONY R. AND LESLIE A. DELONGPRE, 5013 HIGHLAND AVE., BETHEL PARK, PA 15102. Telephone: (412) 831-9573. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Delongpre Well. Date of original Decree: 10/13/2001 in case no. 96CW418 in Water Division 1. Legal description: NE1/4, SE1/4, S25, T9S, R75Wof the 6th PM at a distance 2600 feet from South and 200 feet from East. Street address: 154 Cradleboard Court. Subdivision: Indian Mountain, Lot 119, Block 2, Filing 25. Source: groundwater. Appropriation date: 05/31/1973. Amount: .0033 CFS (15 GPM). Use: In house use, single family dwelling not including irrigation. 07CW229 DONALD E. AND SONIA F. CARLSON, 12057 W. MEXICO PL. LAKEWOOD, CO 80228. Telephone: (303) 985-8302. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Carlson Well. Date of original Decree: 11/30/2001 in case no. 96CW969 in Water Division 1. Legal description: SW1/4, NE1/4, S35, T9S, R75W of the 6th PM at a distance 1370 feet from North and 950 feet from West. Street address: 105 Bear Ct. Subdivision: Indian Mountain, Lot 70, Filing 15. Source: groundwater. Appropriation date: May 31, 1973. Amount: .033 cubic feet per second (15 gpm). Use: Household use only in a single family dwelling not including irrigation. Depth: Unknown at this time. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed: Have

looked at types and construction costs of various single family homes and have spoken to a driller and excavator. At this time we will not be doing anything but want to keep the conditional water right in force. 07CW230 MAREK AND ELZIETA JAROSINSKI, 13831 DOWNING ST., BRIGHTON, CO 80602. Telephone: (303) 255-1500. APPLICATION FOR UNDERGROUND WATER RIGHT IN ADAMS COUNTY. Well permit 236119 located NW1/4, SW1/4, S23, T1S, R68W of the 6th PM at a distance 1510 feet from South and 1200 feet from West. Street address: 13831 Downing St., Brighton, CO 80602. Subdivision: Peak View Estates, Lot 6. Source: groundwater. Depth: 1060 ft. Date of appropriation: 09/05/2001. How appropriation was initiated: Applied for permit. Date water applied to beneficial use: 02/01/2002. Amount claimed: 12 gpm Absolute. If well is non-tributary, Name of Aquifer: Larimer-Fox Hills. Amount claimed in acre feet annually: .7 acre-feet. Area of lawns and gardens irrigated: 7,000 SF. If non-irrigation, describe purpose fully: Ordinary household purposes inside one home watering not more than four large non commercial domestic animals. 07CW231, APPLICATION FOR A CHANGE OF WATER RIGHT AND FOR APPROVAL OF A PLAN FOR AUGMENTATION. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ELDORA ENTERPRISES, LLC, IN BOULDER AND GILPIN COUNTIES, COLORADO. 1. Name and address of applicant: Eldora Enterprises, LLC, c/o Brian Mahon, P.O. Box 1697, 2861 Eldora Ski Road, Nederland, Colorado 80466. Copies of all pleadings to: Richard A. Johnson, Stephen C. Larson, Leah A. Kukowski, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. 2. Introduction: Applicant, Eldora Enterprises, LLC (“Eldora”), operates Eldora Mountain Resort, which is located in the Middle Boulder Creek Basin west of the Town of Nederland in southern Boulder County, Colorado (the “Resort”). See the General Location Map attached hereto as Exhibit A. In this Application, Eldora seeks to (a) change the point of diversion for the Howard Ditch water rights represented by one share in the Howard Ditch Company (the “Howard Ditch Share”) upstream to the Jenny Creek Pipeline; (b) quantify the consumptive use associated with the Howard Ditch Share; (c) store the consumptive use credits in on-mountain storage in Peterson Lake, Lake Eldora, and/or Kettle Pond; (d) change the use thereof from irrigation to all municipal uses, in-house potable and commercial uses, snowmaking, domestic, irrigation, stockwatering, wildlife, piscatorial, industrial, recreation, storage, augmentation, replacement and exchange; (e) recapture the return flows directly or by exchange arising from snowmaking use of the changed Howard Ditch Share; and (f) use the changed Howard Ditch Share to augment out-of-priority depletions arising at the Resort. 3. Change of Water Rights. 3.A. Water Rights to be Changed. Eldora seeks to change the water rights associated with one share of the common stock of the Howard Ditch Company. 3.B. Prior Decrees. The Howard Ditch water rights were originally adjudicated for irrigation in the Boulder County District Court, Case No. 1282, on June 2, 1882, in the original amount of 36 c.f.s, from South Boulder Creek, a tributary of Boulder Creek, in Boulder County, Colorado, with an appropriation date of April 1, 1860, and an original diversion point located on the West bank of South Boulder Creek in the SW 1/4 of Section 3, Township 1 South, Range 70 West of the 6th P.M. Previous changes of Howard Ditch water rights based upon total consumptive use under the ditch were decreed in Case Nos. W-8500-77, 87CW017, 90CW051 and 99CW230 (all Water Div. 1). This change of water rights intends to follow the same methodology for calculating historic consumptive use, and under terms and conditions similar to those, decreed in the foregoing prior change cases. 3.C. Proposed Changed Point of Diversion. Eldora seeks to change the point of diversion described above in Section 3.B, upstream to the Jenny Creek Pipeline, which is located in the SE 1/4 of the SE 1/4 of Section 30, Township 1 South, Range 73 West of the 6th P.M., at a point being N 11� 17’ 29” W, 761.94 feet from the Southeast corner of Section 30. 3.D. Proposed Changed Uses: Eldora seeks to

change the use of the Howard Ditch Share from irrigation to include all municipal uses, in-house potable and commercial uses, snowmaking, domestic, irrigation, stockwatering, wildlife, piscatorial, industrial, recreation, storage, augmentation, replacement and exchange. Storage shall be in Peterson Lake, Lake Eldora, and/or Kettle Pond or other storage facility on Applicant’s property. 3.E. Amount: This change relates to all of the water rights associated with the Howard Ditch Share. The consumptive use quantified for one share of Howard Ditch water rights in similar cases in this Water Court is 18.73 acre-feet per year. 3.F. Snowmaking Use of the Share: When the changed, fully-consumable Howard Ditch Share is used for snowmaking, Eldora may receive a credit or recapture snowmaking return flows in an amount equal to the amount of the Howard Ditch Share consumptive use credits applied to snowmaking the previous snowmaking season, minus the amount of consumptive use associated with such snowmaking, as calculated in accordance with the methodology set forth in "The Colorado Ski Country USA Water Management Research Project,” (1986) (“Ski Country Report”). Eldora was one of the ski area sites studied in the Ski Country Report which established the methodology incorporated into the Ski Country Report. The consumptive use from snowmaking utilizing this method shall not, in any event, be deemed less than 20%. 3.G. Owner of Property on Which Structure Shall be Located: The changed point of diversion for the Howard Ditch Share is located on the property of James Peak, 777 Vine Street, Denver, Colorado 80206. All structures in which the share shall be stored are located on Applicant’s property, legally described in Exhibit B, attached. 4. Approval of Plan for Augmentation. 4.A. Name and Description of Structures to be Augmented: i. Peterson Lake. Peterson Lake is a 221 acre-feet natural on-channel lake that also stores 38 acre-feet of water above the natural lake level. Peterson Lake is located at a point that bears North 82� 15' 44" East a distance of 1,322.04 feet from the Southwest corner of Section 21, Township 1 South, Range 73 West of the 6th P.M. Eldora was granted a water storage right in Peterson Lake in the amount of 259 acre-feet for all municipal uses, including domestic, industrial, fire protection, recreation and snowmaking, in Case No. 82CW239 by the Water Court on January 14, 1983. Out-of-priority diversions and evaporative losses for the water stored above the 221 acre-feet natural lake level will be augmented, in part, by the Howard Ditch Share changed herein (including by recapture of snowmaking return flows arising from use of the share), and the lake shall otherwise be augmented pursuant to the decree to be entered in pending Case No. 02CW400. ii. Jenny Creek Pipeline. The Jenny Creek Pipeline diverts out of Jenny Creek, a tributary to South Boulder Creek, at a point located in the Southeast 1/4 of the Southeast 1/4 of Section 30, Township 1 South, Range 73 West of the 6th P.M., at a point being North 11� 17’ 29” West, 761.94 feet from the Southeast corner of Section 30. Eldora was granted a direct flow right of 0.2 c.f.s. in the Jenny Creek Pipeline for all municipal, domestic, industrial and recreational uses in Case No. W-324 by the Water Court on April 20, 1972. Out-of-priority diversions at the Jenny Creek Pipeline are fully depletive of Jenny Creek and will be fully augmented, in part by the Howard Ditch Share changed herein (including by recapture of snowmaking return flows arising from use of the share), and the Jenny Creek Pipeline shall otherwise be augmented pursuant to the decree to be entered in pending Case No. 02CW400. iii. Lake Eldora. The outlet dam for Lake Eldora is located in the Northwest 1/4 of the Northeast 1/4 of Section 28, Township 1 South, Range 73 West of the 6th P.M. In Case No. 92CW153, Lake Eldora was decreed a water storage right, for 33.30 acre-feet with an adjudication date of December 31, 1992 and appropriation dates of (1) December 31, 1929 for domestic, irrigation, recreational (including fishing and wildlife) and fire protection uses, and (2) December 31, 1961 for municipal, industrial, snowmaking and augmentation uses. Out-of-priority diversions into Lake Eldora will be augmented, in part, by the Howard Ditch Share changed herein (including by recapture of snowmaking return flows arising from use of the share), and the lake shall otherwise be augmented pursuant to the decree to be entered in pending Case No. 02CW400. Evaporative losses shall otherwise be administered in accordance with the terms and conditions of Case No. 92CW153. iv. Kettle Pond. The center point of Kettle Pond is located approximately 2,300 feet

East of the West Section line and 2,300 feet North of the South section line, Section 29, Township 1 South, Range 73 West of the 6th P.M. Out-of-priority diversions to Kettle Pond shall be augmented, in part, by the Howard Ditch Share changed herein (including by recapture of snowmaking return flows arising from use of the share), and the lake shall otherwise be augmented pursuant to the decree to be entered in pending Case No. 02CW400. 4.B. Water Rights to be Used for Augmentation: Howard Ditch Share. Pursuant to the terms and conditions set forth herein, Applicant seeks to divert 18.73 acre-feet per year of consumptive use credits under the Howard Ditch water right associated with the Howard Ditch Share, and transfer the water to the Jenny Creek Pipeline described above at Paragraph 4.A.ii, for use on a direct flow or storage basis for potable in-house and commercial uses, domestic, industrial, recreation, snowmaking, irrigation, stock watering, wildlife, piscatorial, storage, augmentation, replacement and exchange. Applicant’s storage of the Howard Ditch Share includes Peterson Lake, Lake Eldora, Kettle Pond or other on-mountain storage facilities. 4.C. Project Demands and Depletions: The Howard Ditch Share shall be used in conjunction with the augmentation water decreed under the plan in Case No. 02CW400, to augment the following depletions: Total municipal and domestic demands for the Jenny Creek Pipeline direct flow right are currently between 2 and 3 acre feet per year; are expected to be, but are not limited to, 6.0 acre-feet per year; and are fully depletive to Jenny Creek. In addition, storage in Peterson Lake above the natural lake level is expected to result in an annual evaporative loss of 2.19 acre-feet per year from the additional 1.4 exposed surface acres of water impounded above the 221 acre-feet natural lake level. Evaporation from Kettle Pond at full capacity is expected to be 2.54 acre-feet per year. Lake Eldora evaporation is expected to be 10.17 acre-feet per year, to be administered in accordance with its decree, or replaced and augmented as described herein. Up to 18.73 acre-feet of these depletions shall be replaced with the Howard Ditch Shares changed herein. 4.D. Statement of Plan for Augmentation: Eldora shall use the Howard Ditch Share to in part replace out-of-priority depletions arising from use of water at the augmented structures described in Paragraph 4.A above. Eldora may recapture in its on-mountain storage facilities, its fully consumable return flows. Recapture may be direct or by exchange. Diversions of the Jenny Creek Pipeline municipal water right are fully depletive to Jenny Creek and will be fully replaced. Accordingly, Eldora may also recapture and reuse its return flows from diversions at the Jenny Creek Pipeline. Out-of-priority depletions resulting from Eldora’s snowmaking, municipal uses and evaporative losses hereunder will not exceed the amount capable of being replaced with available augmentation water. Applicant will install measuring devices and implement such accounting procedures as may be reasonably required by the Division Engineer to ensure that depletions are fully replaced in amount, timing and location under this plan. 5. Remarks / Terms and Conditions: 5.A. Previous changes of Howard Ditch Company shares, based upon those shares’ pro rata proportion of the total consumptive use under the ditch, were decreed in Case Nos. W-8500-77, 87CW017, 90CW051 and 99CW230. This change of water rights intends to follow the same methodology for calculating historic consumptive use of the subject Howard Ditch Share, and under terms and conditions similar to those, decreed in the foregoing prior change cases. 5.B. Pursuant to a stipulation with the City and County of Denver, acting by and through its Board of Water Commissioners in Case No. 97C275 (Water Div.1), Eldora agreed to certain terms and conditions regarding the acquisition and use of future changed additional Howard Ditch shares by Eldora. The following terms and conditions therefore shall apply to this Application: i. After Denver’s Power Conduit No. 1 is constructed and becomes operational, Eldora will pay a power interference charge to Denver of $10.00 for each acre-foot of water diverted at the Jenny Creek pipeline under the Howard Ditch Share. The power interference charge shall be adjusted annually based on the Consumer Price Index using the year 2007 as the base year. ii. Eldora agreed in Case No. 97CW275 to divert no more than a total of 50 acre-feet per year under Howard Ditch shares changed after the decree was entered in that case (“Changed Howard Shares”). Upon entry of a decree herein, there will be two Changed Howard Shares: (i)

Eldora’s share being changed in Case No. 02CW400 and (ii) the share that is the subject of this Application. Eldora agrees to limit its diversions of its Changed Howard Shares to the April 1 to October 31 time period and to not divert any such shares if such diversions would cause a reduction in the amount of water otherwise divertible under Denver’s water rights decree in C.A. 12111. Eldora shall limit its diversions under its Changed Howard Shares to the quantity of water that would otherwise bypass Denver’s South Boulder Creek Diversion dam to meet downstream rights senior to those decreed in C.A. 12111. iii. Upon entry of a decree herein, the Changed Shares shall comprise a total of 37.46 acre-feet of consumptive use credits. Eldora agrees that the cumulative total amount of water diverted under the Changed Howard Shares, and any additional future changed Howard shares, shall not exceed 50 acre-feet of water per year on an average annual basis, using a ten-year running average. WHEREFORE, Eldora requests that this Court enter a judgment and decree which provides as follows: (i) Grants the change of water rights described Section 3 above; (ii) Approves the plan for augmentation described in Section 4 above; (iii) Finds that as a result of Eldora’s change of water rights and approved plan of augmentation there will be no injury to any owner of, or person entitled to use water under, a vested water right or a decreed conditional water right. 07CW232 APPLICATION FOR WATER RIGHTS, FOR A CHANGE OF WATER RIGHTS, AND FOR APPROVAL OF A PLAN FOR AUGMENTATION. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF CYNTHIA E. JOHNSON AND RICHARD A. JOHNSON, IN BOULDER COUNTY, COLORADO. 1. Name and Address of Applicant: Cynthia E. Johnson and Richard A. Johnson, 4789 Eldorado Springs Drive, Boulder, Colorado 80303. Copies of all pleadings to: Stephen C. Larson, Leah A. Kukowski, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. 2. Introduction. Cynthia E. Johnson and Richard A. Johnson (“Applicants”) seek (a) a conditional underground water right for a fish and wildlife pond which is anticipated to intercept ground water and is located on property owned by Johnson in Boulder County, Colorado (“Johnson Property”); (b) a surface water right for filling the Creekside Ranch Pond above the level of the water table in the pond; (c) a change of the water rights represented by 1/4 share of the Howard Ditch Company; and (d) a plan for augmentation to replace evaporative losses. 3. Application for Underground Water Right. 3.A. Name of Structure. Creekside Ranch Pond, an excavated pond which is anticipated to intercept groundwater and to be administered as a well. 3.B. Legal Description. The center point of the Creekside Ranch Pond shall be located in the NE1/4 of the SE1/4 of Section 20, Township 1 South, Range 70 West of the 6th P.M., approximately 1,110 feet from the East section line and 2,154 feet from the South section line of Section 20. This structure is located within fifty (50) feet from South Boulder Creek and is administrable as a headgate well. 3.C. Amount Claimed. It is anticipated that the total surface area of the Creekside Ranch Pond will be approximately 1,400 square feet, with the maximum ground water evaporation rate to be less than 0.15 gpm and annual net evaporation is estimated to be 0.068 acre-feet. 3.D. Source and Depth. The source is groundwater tributary to South Boulder Creek, tributary to the South Platte River. The depth of the underground water right is expected to be less than ten (10) feet. 3.E. Date of Appropriation. September 28, 2007. 3.F. How Appropriation was Initiated. Appropriation was initiated by the filing of this application with the intent to appropriate the subject water right and put third parties on notice thereof. 3.G. Proposed Uses. Recreation, fish and wildlife, piscatorial, stock watering, irrigation and fire protection; and to use, reuse, and successively use the Creekside Ranch Diversion water right to extinction. Irrigation usage shall be on the parcel described in Sections 5.D.i and 5.D.ii below. 3.H. Owner of Land on Which Water Right Will Be Located. The Creekside Ranch Pond will be located on the Johnson Property, owned by the Applicants. 4. Application for Surface Water Right. 4.A. Name of Structure. Creekside Ranch Diversion. 4.B. Legal Description of Diversion Point. The Creekside Ranch Diversion shall be located in the NE1/4 of the SE1/4 of Section 20, Township 1 South, Range 70 West of the 6th

P.M., on the southerly bank of South Boulder Creek, approximately 1,201 feet from the East section line and 2,166 feet from the South section line of Section 20. 4.C. Amount Claimed. 1.0 cfs, conditional. 4.D. Source. South Boulder Creek, tributary to the South Platte River. 4.E. Date of Appropriation. September 28, 2007. 4.F. How Appropriation was Initiated. Appropriation was initiated by the filing of this application with the intent to appropriate the subject water right and put third parties on notice thereof. 4.G. Proposed Uses. Filling Creekside Ranch Pond above the level of the water table in the pond and running freshening flows through the pond, and for irrigation, recreation, fish and wildlife, piscatorial, stock watering, and fire protection; and to use, reuse, and successively use the Creekside Ranch Diversion water right to extinction. Irrigation usage shall be on the parcel described in Sections 5.D.i and 5.D.ii below. 4.H. Owner of Land on Which Water Right Will Be Located. The Creekside Ranch Diversion will be located on the Johnson Property, owned by the Applicants. 5. Application for Change of Water Rights. 5.A. Water Rights to be Changed. One-quarter (1/4) of a share of the common stock of the Howard Ditch Company (the “Howard 1/4 Share”). Applicants seek to quantify the consumptive use associated with the Howard 1/4 Share, change the point of diversion for the water right upstream to the Johnson Property, and change the use of the water right from irrigation to the uses described in Section 5.D below. 5.B. Prior Decrees. The Howard Ditch water rights were originally adjudicated in the Boulder County District Court, Case No. 1282, on June 2, 1882, in the original amount of 36 c.f.s, from South Boulder Creek, a tributary of Boulder Creek, in Boulder County, Colorado, with an appropriation date of April 1, 1860, and an original diversion point located on the West bank of South Boulder Creek in the SW 1/4 of Section 3, Township 1 South, Range 70 West of the 6th P.M. Previous changes of Howard Ditch water rights based upon total consumptive use under the ditch were decreed in Case Nos. W-8500-77, 87CW017, 91CW051 and 99CW230. This change of water rights intends to follow the same methodology for calculating historic consumptive use, and under terms and conditions similar to, those decreed in the foregoing prior change cases. 5.C. Proposed Changed Points of Diversion. Applicants seek to change the point of diversion described above in Section 5.B, upstream to the Johnson Property located in the NE 1/4 of the SE 1/4 of Section 20, Township 1 South, Range 70 West, of the 6th P.M., to the following alternate points of diversion: 5.C.i. Creekside Ranch Well Structure. The Creekside Ranch Well Structure is located approximately 1,270 feet from the East section line and 2,040 feet from the South section line of Section 20. The Creekside Ranch Well Structure is located approximately sixty-two (62) feet from South Boulder Creek and is administrable as a headgate well. Accordingly, the consumptive use credits withdrawn from the Creekside Ranch Well Structure will instantaneously deplete South Boulder Creek. The Creekside Ranch Well Structure is also the diversion point for Well Permit No. 261288, an exempt well on the Johnson Property. In the event the Creekside Ranch Well Structure is used to divert the Howard 1/4 Share changed herein, Applicants shall continue to use the Creekside Ranch Well Structure for its exempt purposes under its exempt permit, but if requires shall also apply for a new permit that will allow withdrawal of the changed Howard 1/4 Share from the same structure. In that event, Applicant will separately meter and report the Howard Ditch consumptive use credits withdrawn from the well and such diversions shall be subject to all of the other terms and conditions of the decree entered herein. Alternatively, the Howard 1/4 Share may be withdrawn from a new headgate well or other diversion on South Boulder Creek to be constructed within 200 feet of the Creekside Ranch Well Structure location identified above. 5.C.ii. Creekside Ranch Diversion. The Creekside Ranch Diversion shall be located in the NE1/4 of the SE1/4 of Section 20, Township 1 South, Range 70 West of the 6th P.M., on the southerly bank of South Boulder Creek, approximately 1,201 feet from the East section line and 2,166 feet from the South section line of Section 20. Consumptive use credits diverted at the Creekside Ranch Diversion shall be stored above the water table level in Creekside Ranch Pond identified above in Section 3.B. 5.D. Proposed Changed Uses: Applicant seeks to change the use of the Howard 1/4 Share from direct flow for irrigation use to irrigation,

recreation, fish and wildlife, piscatorial, stock watering, fire protection, storage, augmentation, replacement and exchange uses, on a direct flow basis or after storage of the Howard 1/4 Share, and to use, reuse, and successively use the changed Howard 1/4 Share to extinction. Storage of the Howard 1/4 Share shall be in the Creekside Ranch Pond identified above in Section 3.B, or other on-site storage structure. Irrigation use of the Howard 1/4 Share shall be on the parcel described in Sections 5.D.i and 5.D.ii below. 5.D.i. Number of Acres to be Irrigated. The irrigation use for the changed Howard 1/4 Share shall be on 1.75 acres located on the Johnson Property. 5.D.ii. Legal Description of Irrigated Acreage. Commencing at the Southwest corner of the Northeast 1/4 of the Southeast 1/4 of Section 20, Township 1 South, Range 70 West of the 6th P.M., County of Boulder, State of Colorado; thence North 0°18' West, 73.9 feet along the West line of said Northeast 1/4 of the Southeast 1/4 to the southwest corner of that Tract of land described in Reception Number 2288234; thence South 87°28’ 00” East , 4.18 feet along the south line of said Tract to the POINT OF BEGINNING; thence North 2°09’11” East, 157.39 feet; thence North 20°13’30” West, 32.08 feet to a point on the westerly line of said Tract; thence North 0°18’00” West along said west line 182.33 feet; thence North 90°00’00” East departing said westerly line 209.53 feet; thence South 0°32’00” West, 378.57 feet to a point on the southerly line of said Tract; thence North 87°28’00” West, along said southerly line 200.07 feet to the POINT OF BEGINNING. 5.E. Return Flow Credits from Irrigation Use. Applicants claim the right to recapture and reuse, or receive a credit for, the irrigation return flows from usage of the fully consumable water decreed herein, including the Howard 1/4 Share. 5.F. Amount: The consumptive use quantified for one share of Howard Ditch water rights in similar cases in this Water Court is 18.73 acre-feet per year based upon the pro rata proportion of the total consumption under the ditch. Accordingly, this change applies to the 4.683 acre-feet of consumptive use credits associated with the Howard 1/4 Share. 6. Application for Approval of Plan for Augmentation. 6.A. Name and Description of Structures to be Augmented. 6.A.i. Creekside Ranch Pond, legally described in Section 3.B above. 6.A.ii. Creekside Ranch Diversion, legally described in Section 4.B above. 6.B. Water Rights to be Used for Augmentation. A portion of the 4.683 acre-feet of consumptive use credits associated with the Howard 1/4 Share sufficient to augment the depletions from the structures set forth in Section 6.A, shall be diverted at the alternate points of diversion described in Section 5.C above, and, after diversion, stored to replace evaporative losses, or released for augmentation; or the consumptive use credits shall be bypassed at the new alternate points of diversion and credited against depletions. 6.C. Project Demands and Depletions: Total net evaporative losses from exposed groundwater in Creekside Ranch Pond and from water stored above the water table level in the pond via Creekside Ranch Diversion is expected to be approximately 0.068 acre-feet per year. Evaporation is calculated in accordance with the evaporation table attached hereto as Exhibit A. 6.D. Statement of Plan for Augmentation: Applicant shall replace all out-of-priority depletions arising from non-irrigation usage of water at the augmented structures described in Section 6.A above, with the Howard Ditch consumptive use credits as described in Section 6.B, above. Applicants may recapture and reuse, or receive a credit against its depletions for, its irrigation return flows arising from use of the fully consumable water decreed herein. WHEREFORE, Applicants request that this Court enter a judgment and decree which provides as follows: (i) Grants the underground water right described in Section 3 above; (ii) Grants the surface water right described in Section 4 above; (iii) Grants the change of water right described in Section 5 above; (iv) Approves the plan for augmentation described in Section 6, above; and (v) Finds that as a result of Applicant’s change of water right and plan for augmentation, there will be no injury to any owner of, or person entitled to use water under, a vested water right or a decreed conditional water right. 07CW233 APPEAL FROM STATE ENGINEER’S DECISION CONCERNING THE REQUEST FOR SUBSTITUTE WATER SUPPLY PLAN BY ARAPAHOE COUNTY

WATER AND WASTEWATER AUTHORITY, COTTONWOOD WATER AND SANITATION DISTRICT AND CHERRY CREEK PROJECT WATER AUTHORITY. CHERY CREEK PROJECT WATER AUTHORITY, Applicant-Appellant v. OFFICE OF THE STATE ENGINEER, COLORADO DIVISION OF WATER RESOURCES AND DICK WOLFE, ASSISTANT STATE ENGINEER, Appellees. 07CW234 JAMES H. RAGLIN, PO BOX 401, COMO, CO 80432. Telephone: (719) 836-0327. APPLICATION FOR UNDERGROUND WATER RIGHT IN PARK COUNTY. Name of well: Raglin #1, permit 54117-F located NW1/4, NE1/4, S3, T10S, R75Wof the 6th PM at a distance 100 feet from North and 2220 feet from West. Street address: 999 Hawk Way. Subdivision: Elkhorn, Lot 65. Source: groundwater. Depth: 600. Date of appropriation: 05/01/2000. How appropriation was initiated: Applied for Well Permit. Date water applied to beneficial use: 05/18/2001. Amount claimed: 5 gpm. Absolute. Use: Household use only. 07CW235 TOM AND MARY DUDZINSKI, 909 LOGAN ST. 11-F, DENVER, CO 80203. Telephone: (303) 831-9855. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Name of structure: Dudzinski Well, permit 52523F. Date of Original Decree: Nov. 8, 2001 in case no. 98CW387 in Water Division 1. Legal description: SW1/4, NW1/4, S1, T8S, R76W of the 6th PM at a distance 2540 feet from North and 800 feet from West. Street Address: 444 Glacier Peak View. Subdivision: Michigan Hill, Lot 33, Filing 1. Source: groundwater. Appropriation date: May 31, 1979. Amount: 5 gal per minute. Use: Household use only. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed. Well drilled, July 27, 1999. If claim to make absolute, date water applied to beneficial use: Aug. 27, 1999. Amount: 5 gal per minute. Description of place of use where water is applied to beneficial use: 444 Glacier Peak View, Jefferson, CO 80456. 07CW236 NINA E. GUTHRIE TRUST, 29676 RAWHIDE CT., ELIZABETH, CO 80107. Telephone: (303) 646-4189. APPLICATION FOR UNDERGROUND WATER RIGHT IN ELBERT COUNTY. Name of well: #1 Buttercup, permit 189200 located SE1/4, NE1/4, S1, T9S, R65W of the 6th PM at a distance 2375 feet from North and 1165 feet from East. Street address: 29676 Rawhide Ct., Elizabeth Co. 80107-6605. Subdivision: Rawhide Ranches, Lot 3. Source: Upper Dawson, Lower Dawson, Denver, Upper Arapahoe and Laramie-Fox Hills aquifers. Depth: 452'. Date of appropriation: Sept. 10, 1995. How appropriation was initiated: Pump installed. Date water applied to beneficial use: Sept. 10, 1995. Amount claimed: 10 gpm Absolute. If well is non-tributary, Name of Aquifer: Upper Dawson. Amount claimed in acre feet annually: 12,670. Area of lawns and gardens irrigated: approximately 1/4 acre. If non-irrigation, describe purpose fully: domestic use, livestock water. 07CW237 MICHAEL BREZDEN, 121 TALL TIMBER RD., KERRVILLE, TX 78028. Telephone: (830) 257-2739. APPLICATION FOR UNDERGROUND WATER RIGHT IN PARK COUNTY. Name of Well(s): Brezden Well #1, permit 221606, located NE1/4, SE1/4, S33, T13S, R72W of the 6th PM at a distance 2840 feet from North and 375 feet from East. Brezden Well #2, permit 128313, located NE1/4, SE1/4, S33, T13S, R72W of the 6th PM at a distance 1900 feet from North and 300 feet from East. Subdivision: Beaver Valley Estates, Filing 1 (both wells) Lot 41 (well #1), Lot 38 (well #2). Were points averaged: No. Source: Groundwater. Depth: 782 feet (well #1), 125 feet (well #2). Date of appropriation: 10/29/1999 (well #1), 11/30/1982 (well #2). How appropriation was initiated: Well permits issued. Date water applied to beneficial use: 09/19/2000 (well #1). Amount claimed: 2.3 gpm (well #1), Absolute; 15.0 gpm (well #2), Conditional. If non-irrigation, describe purpose fully: Household use.

07CW238 JON AND LISA DODSON, 1740 LAUREL CT., BROOMFIELD, CO 80020. Telephone: (303) 439-7894. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Name of structure: Well. Date of original decree: 09/11/2001 in Case No. 96CW377 in Water Division 1. Legal Description: SW1/4, NW1/4, S11, T9S, R75W of the 6th PM at a distance 1400 feet from North and 200 feet from West. Street address: 2057 Lippzana Rd., Jefferson, CO 80456. Subdivision: Indian Mountain, Lot 455, Filing 26. Source: Groundwater. Appropriation Date: 05/31/1973. Amount: 15 gpm. Use: Household use only in a single family dwelling not including irrigation. Depth: 430 feet. If claim to make absolute, Amount: 15 gpm. Use: Household use only in a single family dwelling not including irrigation. 07CW239 MICHAEL L. AND LAURINNE M. KINNEY, 13930 PINE GLEN DRIVE WEST, COLORADO SPRINGS, CO 80908. Telephone: (719) 495-3515. APPLICATION FOR UNDERGROUND WATER RIGHT IN EL PASO COUNTY. Name of well: Dawson Aquifer Well, permit 156199, located NE1/4,SW1/4, S3, T12S, R65W, of the 6th PM at a distance 3600 feet from North and 1500 feet from West. Street address: 13930 Pine Glen Drive West, Colorado Springs, CO 80908. Subdivision: Pine Glen, Lot 04. Source: Not Non-tributary Dawson Aquifer, and Non-tributary Denver, Arapahoe, Laramie-Fox Hills Aquifers. Depth: Dawson-1150 ft bgs; Denver-2005 ft bgs; Arapahoe-2540 ft bgs; Laramie-Fox Hills-3130 ft bgs. Amount claimed: Rates of flow necessary to withdraw entire deeded amounts. Absolute. a) Banking. As allowed by the “banking” provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules 2C.C.R. 402-7. b) Well Field. Water will be obtained through a single well drilled into each aquifer or through a combination of wells drilled into each aquifer and existing Dawson exempt well permit number 156199 which is allocated one (1) acre-foot annually. Request that the pumping rates for each of these wells may exceed the nominal pumping rates set forth above to the extent necessary to withdraw the full annual acre-foot allocation of water from the aquifer. However, the subject wells will not exceed the pumping rate specified on the well permit for each well. If well in non-tributary, Name of Aquifer: Denver, Arapahoe, Laramie-Fox Hills. Amount claimed in acre feet annually: Denver = 3.23 AF; Arapahoe = 2.23 AF; Laramie-Fox Hills = 1040 AF. Not Non-Tributary, Dawson – 4.85 AF. Proposed Use: All water withdrawn from proposed nontributary wells, will be used, reused, successively used to extinction, leased, sold or otherwise disposed of for the following beneficial uses: domestic, agricultural, industrial, irrigation, commercial, augmentation, stock watering, recreational, fish and wildlife., replacement of depletions, augmentation, exchange and any other beneficial uses on or off the property. If non-irrigation, describe purpose fully: Used, stored, reused and successively used to extinction and/or leased, sold or otherwise disposed of for all purposes including domestic, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, replacement of depletions, augmentation, exchange and any other beneficial uses on or off the Subject Property. Applicants request the right to withdraw from these wells an average amount of water determined to be available in paragraph 5 plus an amount of ground water 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 this decree, which ever occurs first, times the decreed average annual amount for that aquifer. Description of the Land Overlying Subject Ground Water. Approximately 5.0 acres of land located in the NE1/4 of the SW1/4 of Section 03, Township 12 South, Range 65 West fo the 6th PM, El Paso County, Colorado. Pine Glen Subdivision, Lot 04. 07CW240 TIMOTHY AND CAROL MULLEN, 8420 WEST 95TH DRIVE, WESTMINSTER, CO 80021. Telephone: (303) 466-3341. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Name of structure: Mullen Well, #58503. Date of original

decree: 10/04/2002 in case no. 96CW344 in Water Division 1. Legal description: SW1/4, SW1/4, S21, T9S, R75W of the 6th PM at a distance 950 feet from South and 570 feet from West. Street address: 128 Wyandot Way, Jefferson, CO 80456. Subdivision: Indian Mountain, Lot 6, Filing 4. Source: Groundwater. Appropriation date: 10/04/2002. Amount: 3 gpm. Use: In house only. If claim to make absolute, Date water applied to beneficial use: 06/2004. Amount: 3 gpm. Description of place of use where water is applied to beneficial use: 660 s.f. log house. 07CW241 B & D Land Company, LLC and B& D Company 600, LLC; P.O. Box 210; Kiowa, CO 80117; 303.340.0474 (P. Andrew Jones, Lind, Lawrence & Ottenhoff, LLP; 355 Eastman Park Drive, Suite 200; Windsor, CO 80550; Telephone: (970) 674-9888; paj@llolaw.com; Application for Underground Water Rights from the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie Fox-Hills Aquifers in ARAPAHOE COUNTY. 2. Names of Wells and Permits. Applicant will identify specific wells and will apply for well permits from the Department of Water Resources to withdraw the water rights determined herein. 3. Legal Description of Overlying Land and Upon Which Wells Will be Located. A. Parcel 1: 273 acres located in the East 1/2 of Section 9, Township 4 South, Range 64 West, of the 6th P.M., described as follows: Parcel 1A: 1A(1). A parcel of land located in Section 9, Township 4 South, Range 64 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, more particularly described as follows: Beginning at the North Quarter corner of said Section 9, thence South 01°00’24” West along the North-South centerline of said Section 9, a distance of 675.02 feet; thence South 88°35’35” East, a distance of 1316.12 feet; thence North 00°31’46” East, a distance of 675.08 feet to the Northeast corner of the Northwest quarter of the Northeast quarter of said Section 9; thence North 88°35’35” West, along said North line of Section 9 a distance of 1310.49 feet to the Point of Beginning. 1A(2).A non-exclusive easement for ingress and egress over and across the following described land: A strip of land located in the Northeast quarter of the Northeast quarter of Section 9, Township 4 South, Range 64 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, more particularly described as follows: The North 15.00 feet of the Northeast quarter of the Northeast quarter of Section 9, Township 4 South, Range 64 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado. Parcel 1B: A parcel of land located in Section 9, Township 4 South, Range 64 West, of the 6th Principal Meridian, County of Arapahoe, State of Colorado more particularly described as follows: Commencing at the Southeast corner of said Section 9; thence North 88°38’07” West along the South line of said Section 9, a distance of 28.69 feet to the point of beginning; thence continuing North 88°38’07” West, along the South line of said Section 9, a distance of 1038.20 feet; thence North 00°15’49” West, a distance of 770.69 feet, thence North 67°12’50” West, a distance of 292.69 feet; thence along the arc of a curve to the right, that is concave to the East, having a central angle of 121°21’15”, a radius of 811.04 feet, an arc length of 1717.81 feet and whose chord bears North 10°26’57” East, a distance of 1414.25 feet; thence North 01°12’00” East, a distance of 70.31 feet; thence along the arc of a curve to the left, that is concave to the North, having a central angle of 36°36’07”, a radius of 850.00 feet, an arc length of 543.12 feet, and whose chord bears South 87°38’17” East, a distance of 533.93 feet; thence South 88°21’07” East, a distance of 580.88 feet to a point on the East line of the Southeast Quarter of said Section 9; thence South 00°47’19” West, along the east line of the Southeast Quarter of said Section 9, a distance of 168.36 feet; thence North 88°30’25” West, a distance of 64.57 feet; thence South 00°09’40” East, a distance of 2164.48 to the point of beginning; Containing 70.01 acres more or less. Basis of bearings is the south line of said Section 9, being North 88°38’07” West. Parcel 1C: 1C(1). A parcel of land located in Section 9, Township 4 South, Range 64 West, of the 6th Principal Meridian, County of Arapahoe, State of Colorado, being more particularly described as follows: Beginning at the South Quarter corner of said Section 9; thence North 01°00’24” East along the North centerline of said Section 9, a distance of 3490.61 feet; thence South 88°27’24” East, a distance of 1025.33 feet; thence along the arc of a curve to the left, that is concave to the

Northeast, having a central angle of 94°21’06”, a radius of 850.00 feet, an arc length of 1399.74 feet and whose chord bears South 22°09’26” East, a distance of 1246.85 feet; thence South 01°12’00” West, a distance of 70.31 feet; thence along the arc of a curve to the left, that is concave to the East, having a central angle of 121°21’15”, a radius of 811.04 feet, an arc length of 1717.81 feet and whose chord bears South 10°26’57” West, a distance of 1414.25 feet, thence South 67°12’50” East, a distance of 292.69 feet; thence South 00°15’49” East, a distance of 770.69 feet to a point on the South line of said Section 9, thence N 88°38’07” West, along the South line of said Section 9, a distance of 1572.41 feet to the point of beginning; Containing 96.91 acres more or less. Bases of bearings is the south section line of said section 9, Being N 88°38’07” West. Parcel 1D: A parcel of land located in Section 9, Township 4 South, Range 64 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 9, thence South 01°00’24” West along the North-South center line of said Section 9, a distance of 675.02 feet to the POINT OF BEGINNING; thence continuing South 01°00’24” West along said North-South centerline of Section 9, a distance of 1118.93 feet; thence South 88°27’24” East, a distance of 1025.33 feet; thence North 33°03’16” East, a distance of 557.91 feet; thence North 00°31’48” (46” recorded) East, a distance of 646.25 feet; thence North 88°35’35” West, a distance of 1316.12 feet to the POINT OF BEGINNING. B. Parcel 2: 9.9 acres in Section 4, Township 4 South, Range 64 West of the 6th P.M., described as follows: That portion of Section 4, Township 4 South, Range 64 West of the 6th Principal Meridian, described as follows: Beginning at the Northeast corner of said Section 4, thence South 00 Degrees 07 Minutes 35.5 Seconds West a distance of 34.78 feet to the South right of way line of Interstate Highway 70 as described in Book 1074 at Page 574 of the Arapahoe County, Colorado, records and the true point of beginning; thence South 00 Degrees 07 Minutes 35.5 Seconds West along the East line of said Section 4 a distance of 660.00 feet; thence North 88 Degrees 26 Minutes 03.2 Seconds West 652.47 feet; thence North 00 Degrees 07 Minutes 35.5 Seconds East 660.00 feet to a point on the South right of way line of said highway; thence South 88 Degrees 26 Minutes 03.2 Seconds East 652.47 feet to the true point of beginning, County of Arapahoe, State of Colorado. 4. Source: Non-tributary ground water located in the Upper Arapahoe, Lower Arapahoe and Laramie Fox Hills aquifers; and not non-tributary ground water located in the Denver Aquifer. 5. Depth of Wells: Will be based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6. 6. Amount Claimed: Applicants claim all of the ground water in the Upper Arapahoe, Lower Arapahoe, Laramie Fox Hills and Denver aquifers underlying the property described in Part 3, above. The estimated average annual amounts available using the Denver Basin Rules, 2 C.C.R. 402-6 are set forth in the table below. These amounts may vary depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the property. Table 1: Ground Water Available under Sec 9, T4S, R64W (273 Acres) Nontributary Not Nontributary Aquifer

Average Saturated Thickness (ft)

Annual Appropriation (AF)

Average Saturated Thickness (ft)

Annual Appropriation (AF)

Total Annual Appropriation (AF)

Dawson --- --- --- --- --- Denver --- --- 206.3 95.8 95.8 Upper Arapahoe

119.9 55.6 --- --- 55.6

Lower 72.1 33.5 --- --- 33.5

Arapahoe Laramie Fox Hills

157.5 64.5 --- --- 64.5

Total 153.6 95.8 249.4 Table 2: Ground Water Available under Sec 9, T4S, R64W (9.9 Acres) Nontributary Not Nontributary Aquifer

Average Saturated Thickness (ft)

Annual Appropriation (AF)

Average Saturated Thickness (ft)

Annual Appropriation (AF)

Total Annual Appropriation (AF)

Dawson --- --- --- --- --- Denver --- --- 194.4 3.3 3.3 Upper Arapahoe

140.9 2.4 --- --- 2.4

Lower Arapahoe

50.4 0.9 --- --- 0.9

Laramie Fox Hills

142.8 2.1 --- --- 2.1

Total 5.4 3.3 8.7 7. Proposed Use: domestic, municipal, irrigation, stock watering, commercial and industrial, dust suppression, wildlife development, recreation, and augmentation. Applicants claim the right to store the water as necessary or desirable to accomplish the end uses, and to consume the water by original use, successive use and reuse to extinction to the extent permitted by law. 8. Applicants requests a Decree that: A. The ground water from the Arapahoe and Laramie Fox-Hills aquifers is nontributary ground water and the ground water from the Denver aquifer is not non-tributary ground water. B. Applicant has the vested right to use all of the ground water in the Laramie Fox-Hills and Arapahoe aquifers underlying the property for the uses described herein. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to confirm to actual aquifer characteristics obtained from wells or test holes drilled on or near the property, pursuant to C.R.S. § 37-92-305(11). 9. Augmentation Plan. No augmentation plan is necessary to withdraw Applicant’s appropriation from the non-tributary Arapahoe and Laramie-Fox Hills Aquifers. Applicant will seek approval of an augmentation plan under separate case number prior to beginning withdrawals from the not non-tributary Denver aquifer. 10. Name and Address of Owners of Structures. Applicant owns the land that is the subject of this application. 07CW242 KATHERINE M AND TIMOTHY P. WALKER, 7995 E. MISSISSIPPI AVE., C-7, DENVER, CO 80247. Telephone: (303) 429-1249. APPLICATION FOR UNDERGROUND WATER RIGHT IN PARK COUNTY. Name of well: Walker Well, located SW1/4, NW1/4, S34, T9S, R75W of the 6th PM at a distance 1600 feet from North and 1100 feet from West. Street address: AKA Lot 18, Filing 18. Subdivision: Indian Mountain. Source: Groundwater. Date of appropriation: May 31, 1973. Amount claimed: .033 cubic feet per second (15 gpm) Conditional. If non-irrigation, describe purpose fully: Household use only in a single family dwelling not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located. This well may only be operated pursuant to the terms and conditions of the augmentation plan approved in case no. W-7389.

07CW243 MARTIN AND PATRICIA KYNE, 11305 BONANZA CIRCLE, FRANKTOWN, CO. 80116. Telephone: (303) 840-47430. APPLICATION FOR UNDERGROUND WATER RIGHT IN ELBERT COUNTY. Subject Property: Application concerns a tract of land consisting of 35 acres, more or less, located at and known as: Tract 16, Plat of Section 5, Township 6 South, Range 64 West of the 6thPM , as recorded July 5, 1975 in Plat Book 8 at Page 23 as Reception No. 207183, County of Elbert, State of Colorado. Exempt Well Status: No well permits have been applied for or obtained, and no wells exist on the Subject Property to the best of Applicant’s knowledge. Applicant desires to preserve all rights to permit, construct and use exempt wells on the Subject Property in the future. Applicant only seeks in this Application to adjudicate its rights to use the available water in the nontributary aquifers underlying the Subject Property. Applicant is not seeking to adjudicate any rights to water underneath the Subject Property that is or may be available for use through one or more exempt wells, nor is Applicant seeking to adjudicate any plan for augmentation. Request for adjudication of underground water rights in the Denver, Upper and Lower Arapahoe, and Laramie-Fox Hills Aquifers. A) Applicant seeks a determination that all of the ground water underneath the Subject Property in the Denver, Upper and Lower Arapahoe, and Laramie-Fox Hills aquifers may be withdrawn subject to the terms and conditions included in a decree to be entered in this case, and that the Applicant is the owner of said ground water. B) Proposed Uses: Applicant intends to use, reuse, and successively use; and after use, lease, sell or otherwise dispose of the water for municipal, domestic, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial use on or off the Subject Property. The water may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit for all return flows resulting from the use of such water for augmentation for or as an offset against any out-of-priority depletions. C) Applicant is the owner of the overlying land, or has the consent of the owner of the overlying land, to adjudicate all such ground water underlying said land. The average annual amount determined to be available in the decree can be withdrawn without causing material injury to the vested rights of others, provided that the terms and conditions in said decree are complied with. D) Applicant asks the Court to determine that Applicant has the right to withdraw all ground water in the Denver, Upper and Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Property through any wells initially permitted in such aquifers, and through any additional wells which may be permitted and completed in the future on the Subject Property. E) Applicant requests that each well my withdraw water at the rate necessary to withdraw the full allowed annual amount of ground water from the Denver, Upper and Lower Arapahoe and Laramie-Fox Hills aquifers. F) Applicant claims the right to withdraw more that the average annual amount estimated in this application pursuant to Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. G) Applicant requests that the Division Engineer estimate the amount of water available for withdrawal from the Denver, Upper and Lower Arapahoe and Laramie-Fox Hills aquifers under the subject property. Applicant requests the right to revise that estimate upward or downward based on actual data or better data available at the time of withdrawal without the necessity of amending this application or republishing the same. Applicant request the right to invoke the retained jurisdiction of the Court provided for in C.R.C. Section 37-92-305(11), to adjust the amount of water available for withdrawal from such aquifer. WHEREFORE, Applicant requests this Court to enter a decree: A) Granting the application for underground water rights herein and awarding ground water rights from the Denver, Upper and Lower Arapahoe and Laramie-Fox Hills aquifers, except as to those issues which the Court will specifically retain jurisdiction; B) Determining that Applicant has complied with C.R.C. Section 37-90-137(4), and water is legally available for withdrawal by Applicant through the wells proposed herein; C) Retaining jurisdiction to provide for adjustment of the amount of water available for withdrawal by Applicant from such aquifers based on actual local aquifer characteristics, and authorizing Applicant to invoke the Court’s retained jurisdiction at any time

after such data becomes available, pursuant to C.R.S. Section 37-92-305(11); D) Determining that the ground water in the Denver, Upper and Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Property is nontributary ground water, and vested or conditionally decreed water rights of others will not be materially injured by withdrawal of such ground water. E) Determining that the allocation of such ground water is not based on appropriations, and no findings of diligence shall be required to maintain these rights. F) That Applicant has the right to withdraw the ground water in the Denver, Upper and Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Property through any wells which may be permitted and completed on the Subject Property. G) That each well on the Subject Property may withdraw water at the rate necessary to withdraw the full allowed annual amount of ground water from the Denver, Upper and Lower Arapahoe and Laramie-Fox Hills aquifers and that Applicant has the right to withdraw more than the average annual amount pursuant to 2 C.C.R. Section 402-7; and H) Further relief as this Court deems just and proper. 07CW244 Ampaul, LLC, a Colorado limited liability company, and Lake Real Estate, LLC, a Colorado limited liability company, 1203 Madison Avenue, Lakewood, NJ 08701, 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. 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 ELBERT COUNTY. 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 113 acres of land located in part of the S1/2 of Section 13, T8S, R65W 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, Applicants estimate 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 160 feet 36 acre-feet (NNT) Lower Dawson 110 feet 24 acre-feet (NT) Denver 208 feet 40 acre-feet (NT) Arapahoe 225 feet 43 acre-feet (NT) Laramie-Fox Hills 230 feet 39 acre-feet (NT) 6. Well Fields: Applicants may withdraw all of the legally available groundwater lying below the Subject Property, through the wells and additional wells which may be completed in the future as Applicants’ well fields. As additional wells are constructed, applications will be filed in accordance with Section 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: municipal, 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 Sections 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 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers, 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. 07CW245 MANY SPRINGS RANCH, LLC, P.O. Box 98, Larkspur, CO 80118, through their attorneys: Petrock & Fendel, P.C., Bradford R. Benning, Atty. Reg. #31946, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. 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 ELBERT COUNTY. 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 1024 acres of land located in parts Section 19 and 30, T9S, R64W, and Section 24 and 25, T9S, R65W 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 203 feet 410 acre-feet (NNT) Lower Dawson 110 feet 225 acre-feet (NT) Denver 241 feet 420 acre-feet (NT) Arapahoe 230 feet 400 acre-feet (NT) Laramie-Fox Hills 191 feet 290 acre-feet (NT) Applicant will reserve part of the Upper Dawson aquifer groundwater for use through exempt wells on the Subject Property. 6. Well Fields: Applicant may withdraw all of the legally available groundwater lying below the Subject Property, through the wells and 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 Section 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 Sections 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. 07CW246 JULIE BARRY-RUSIN, 13415 Evans Road, Elbert, CO 80106. Henry D. Worley, MacDougall, Woldridge & Worley, PC, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905, (719) 520-9288. APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUND WATER AND FOR APPROVAL OF PLAN FOR AUGMENTATION in EL PASO COUNTY. I. APPLICATION FOR DENVER BASIN WATER RIGHTS. Applicant seeks the adjudication of the water in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying its her 42.27 acre property (Αthe Property) in El Paso County. The Property is located in the N1/2 SW1/4 Section 32, T. 11 S., R. 65 W., 6th P.M. The legal description of the Property is attached as Exhibit A. A map showing the location of the Property is attached as Figure 1. 2. Names of wells and permit, registration, or denial numbers: One well is on the Property. The State Engineer=s records to not indicate a permitted well on the Property, so its location was either misdescribed in the permit, or it is not permitted. It is presumed to be a Dawson aquifer well. 3. Legal description of wells: at any location on the Property. Applicant hereby waives the 600 foot spacing rule in regard to all Dawson aquifer wells constructed on the Property. 4. Source: Not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer, and nontributary Laramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Not nontributary Dawson aquifer, 15 g.p.m. for each of as many as seven wells, 45.0 acre feet annually (total), absolute; nontributary Denver aquifer, 100 g.p.m., 31.0 acre feet annually, absolute; nontributary Arapahoe aquifer, 100 g.p.m., 18.0 acre feet annually, absolute; nontributary Laramie-Fox Hills aquifer, 100 gpm, 12.0 acre feet annually, absolute. The above amounts will be changed in any proposed decree submitted to the Court to conform to the State Engineer's Determination of Facts. The Water Court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for wells in such aquifers. 7. Proposed use: all beneficial uses except municipal. 8. Names and addresses of owners of land on which well is located: Same as Applicant. 9. Remarks: There are no liens or encumbrances against the Property, so the notice provisions of C.R.S. 37-92-302(b) do not apply. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 10. Name of structures to be augmented: Up to seven Dawson aquifer wells. No other water rights are or will be diverted from these wells. 11. Previous decrees for water rights to be used for augmentation: None. 12. Historic use: Not applicable. 13. Statement of plan for augmentation: A. Water Demand. Applicant will subdivide the Property into as many as six lots for single family residences including incidental commercial uses, such as home-based businesses, and an additional lot which may be used for either commercial or single family purposes. Applicant reserves the right to reduce the number of lots, and henceforth the number of Dawson aquifer wells (one Dawson aquifer well per lot), at any time prior to entry of a decree. Uses of water on such lots are expected to be for some or all of the following uses: for indoor uses for drinking and sanitary purposes, for livestock watering, for hot tubs, swimming pools, for landscape uses including irrigation and decorative ponds and fountains, and for augmentation. Annual pumping from the Dawson aquifer will be limited to 1.0 acre foot annually per single-family lot, and 2.5 acre foot annually for the commercial/residential lot, for a total of 8.5 acre feet annually. Indoor water usage for each house is expected to equal

0.30 acre foot per house. A typical hot tub may require approximately 1,400 gallons (0.004 acre foot) per year; a swimming pool, 7,500 gallons (0.023 acre foot) per year; landscape irrigation, annual applications of 1.75 acre feet per acre, or 0.04 acre foot per 1,000 square feet; livestock watering, ten gallons per horse per day, or 0.011 acre foot per horse per year. Applicant=s intention is to limit annual diversions to 1.0 acre foot per lot (2.5 acre feet for the commercial/residential lot), but not to otherwise restrict in the decree which of these uses may occur. Applicants for well permits will designate how they intend to Αallocate≅ their 1.0 acre foot or 2.5 acre feet on their well permit applications, based on the above criteria, or based upon criteria agreed to with the State Engineer for any uses not specified above. B. Water Consumption and Return Flows. It is generally accepted that no more than ten percent of water used indoors in residences using non-evaporative septic systems and leach fields for wastewater disposal is consumed, with 90 percent returning to the stream system. Although there will be some return flows from other uses, Applicant will rely only on return flows from septic systems and leach fields for replacement of depletions during pumping. C. Replacement of Stream Depletions During Pumping. Based on computer modeling, stream depletions will occur to tributaries of the South Platte and Arkansas Rivers. Applicant proposes to aggregate and replace all stream depletions to East Cherry Creek, a tributary of the South Platte River. Computer modeling indicates that during pumping stream depletions will gradually increase to a maximum of approximately 18 percent of annual pumping in the 300th year, or 1.53 acre feet based on annual pumping of 8.5 acre feet. Applicant proposes to replace those depletions with septic system return flows, which will equal 1.89 acre feet annually for seven lots (this assumes that indoor uses and septic system return flows from the commercial/residential lot will be no less than those on the strictly residential lots). Thus, return flows from seven septic systems will always exceed stream depletions during pumping. D. Replacement of Stream Depletions After Cessation of Pumping. Applicant agrees to replace depletions for the shortest of the following periods: the period provided by the Colorado Legislature, should it eventually specify one and if the Applicant obtains water court approval for such modification, the period determined by the State Engineer, should the State Engineer lawfully establish such a period; the period established through rulings of the Colorado Supreme Court in relevant cases; or until Applicant petitions the water court and after notice to parties in the case proves that it has complied with all statutory requirements. Applicant will reserve adequate nontributary water underlying the Property for the replacement of post-pumping depletions, unless and until such time as any of the above conditions occurs which terminates the obligation to replace post-pumping depletions, or unless Applicant obtains judicial approval of another source of replacement water for post-pumping depletions. Applicant shall make post-pumping replacements annually as required to replace modeled stream depletions. Applicant proposes to aggregate all depletions and to replace them to the South Platte drainage. E. Miscellaneous. Applicant will establish restrictive covenants on the Property which: (a) restrict pumping from the Dawson aquifer to no more than 1.0 acre foot annually per well for wells on the six residential lots, and no more than 2.5 acre feet from the well on the seventh commercial lot; (b) require the use of non-evaporative septic systems for wastewater treatment; (c) reserve adequate nontributary water for replacement of post-pumping depletions, which reservation may be voided upon the occurrence of any of the events specified above eliminating the need for such reservation; and (d) which inform future homeowners that they will be required to construct a well or wells into one or more nontributary aquifers underlying the Property for replacement of post-pumping depletions if the source of augmentation water is unchanged. Restrictive covenants limiting the area to be irrigated or the number of horses, or their water-consuming equivalents, which are allowed on the Property, are unnecessary because the limitation to 1.0 acre foot of annual pumping per residential lot and 2.5 acre feet of annual pumping for the commercial lot, and the requirement that non-evaporative septic systems be used, ensures that return flows will equal or exceed depletions throughout the 300 year pumping period. This application is being filed in both Water Divisions 1 and 2 because stream

depletions will occur in both the South Platte and Arkansas drainages. After the time for filing statements of opposition has expired, Applicant will seek to consolidate the two applications in Water Division 1. (Application is 7 pages) 07CW247 NEW LIFE CHURCH, Attn: Brian Newberg, 11025 Voyager Parkway, Colorado Springs, CO 809212, phone 719-594-9288. Henry D. Worley, MacDougall, Woldridge & Worley, PC, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905, (719) 590-9288. APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUND WATER AND FOR APPROVAL OF PLAN FOR AUGMENTATION in EL PASO COUNTY. I. APPLICATION FOR DENVER BASIN WATER RIGHTS. 1. Names of wells and permit, registration, or denial numbers: Well permit 224300, an exempt Dawson aquifer well, plus an additional well used for a single family residence, a permit for which was not located in the State Engineer=s records. It may have been misdescribed in the well permit, or it may never have been permitted. It is assumed to be constructed into the Dawson aquifer. 2. Legal description of wells: Five wells in the Dawson, and one in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers, plus all necessary additional and/or replacement wells, to be located anywhere on Applicant=s 26.76 acre property in the SW1/4 SE1/4 Section 27, T. 11 S., R. 66 W., 6th P.M. in El Paso County (the Property). A map showing its location is attached as Figure 1. 3. Source: Not nontributary Dawson aquifer; not nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4. A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable. 4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Dawson aquifer - 15 g.p.m. per well, 20.6 acre feet annual-ly, absolute; Denver aquifer - 100 g.p.m., 25.0 acre feet annually, absolute; Arapahoe aquifer - 200 g.p.m., 10.2 acre feet annually, absolute; Laramie-Fox Hills aquifer - 100 g.p.m., 7.6 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to take into account the State Engineer's Determination of Facts. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 6. Proposed use: all beneficial uses except municipal. 7. Miscellaneous. There are no liens or encumbrances against the Property, so the notice provisions of C.R.S. 37-92-302(2)(b) are inapplicable. 8. Name and address of owner of land on which well is located: Same as Applicant. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 9. Name of structures to be augmented: Five Dawson aquifer wells, two of which are already constructed. No other water rights are or will be diverted from these wells. After entry of a decree, the existing wells will be re-permitted consistent with the provisions of the decree. 10. Previous decrees for water rights to be used for augmentation: None. 11. Historic use: Not applicable. 12. Statement of plan for augmentation: Applicant intends to subdivide the Property into five residential lots which will be served by individual on-lot Dawson aquifer wells. Such wells will be limited to 1.0 acre foot annually, each. Indoor water usage for each house is expected to equal 0.26 acre foot per house. A typical hot tub may require approximately 1,400 gallons (0.004 acre foot) per year; a swimming pool, 7,500 gallons (0.023 acre foot) per year; landscape irrigation, annual applications of 2.00 acre feet per acre, or 0.046 acre foot per 1,000 square feet; livestock watering, ten gallons per horse per day, or 0.011 acre foot per horse per year. The decree will limit annual diversions to 1.0 acre foot per Dawson aquifer well, but will not to otherwise limit the uses to which the water may be put. Applicants for well permits will designate how they intend to Αallocate≅ their 1.0 acre foot on their well permit applications, based on the above criteria, or based upon criteria agreed to with the State Engineer for any uses not specified above. Wastewater will be treated in nonevaporative individual sewage disposal systems (ISDS), the return flows from which will be used to replace depletions during the 300 year pumping period. So long as a single-family dwelling is located on each lot, water pumped pursuant to the augmentation plan may be used for any beneficial use, because ISDS return flows alone will exceed maximum depletions during

pumping. Change of the type of wastewater treatment to central sewage treatment with direct discharge to the stream shall not require an amendment to this plan for augmentation, but change to any other type of wastewater disposal shall require an amendment to the plan for augmentation. Based upon computer modeling, depletions to the South Platte and Arkansas basins combined are expected to gradually increase to a maximum of approximately 23 % of pumping annually in the 300th year after pumping begins, and will decline thereafter. Applicant proposes to replace injurious post-pumping depletions with the nontributary aquifer water decreed herein, which will be reserved for that purpose. However, Applicant shall reserve the right to replace such depletions with any judicially acceptable source of augmentation water. Applicant further proposes to aggregate all depletions and replace them to the Arkansas River drainage. Because depletions will occur in both Water Divisions 1 and 2, this application is being published in both water divisions, and will be consolidated in Water Division 2, where the Property is located. (Application is 4 pages) 07CW248 CAMP ID-RA-HA-JE ASSOCIATION, c/o Stephen H. Leonhardt, Burns, Figa & Will, P.C., 6400 S. Fiddler’s Green Circle, Suite 1000, Greenwood Village, CO 80111. APPLICATION FOR WATER RIGHTS IN PARK COUNTY. 1. Name, Address and Telephone Number of Applicant: Camp Id-Ra-Ha-Je Association (the “Camp”), c/o John F. Obrecht, Executive Director, P. 0. Box 360, Bailey, CO 80421-0360 (303) 838-5668. 2. Names of Structures: Camp Id-Ra-Ha-Je Pond No. 1, Camp Id-Ra-Ha-Je Pond No. 2, Camp Id-Ra-Ha-Je Pond No. 3, Camp Id-Ra-Ha-Je Pond No. 4. 3. Description of Conditional Water Rights from the Previous Decree: A. Date of Original Decree: Apr. 29, 1987, in Case No.: 85CW109. Court: District Court, Water Division 1. Previous Diligence Decrees were entered on Feb. 27, 1995 in Case No. 93CW035, and on Oct. 16, 2001 in Case No. 01CW025. B. Location (all in Park County, CO): Pond No. 1 is in the NW1/4 NW1/4, S16, T7S, R72W, at a point approx. 4250 feet North of the South section line and 1350 feet East of the West section line of said Section 16. Pond No. 2 is in the NW1/4 NW1/4, S16, T7S, R72W, at a point approx. 4100 feet North of the South section line and 900 feet East of the West section line of said Section 16. Pond No. 3 is in the NW1/4 NW1/4, S16, T7S, R72W, at a point approx. 3900 feet North of the South section line and 300 feet East of the West section line of said Section 16. Pond No. 4 is in the NE1/4 NE1/4, S17, T7S, R72W, at a point approx. 4050 feet North of the South section line and 150 feet West of the East section line of said Section 17. C. Source: An unnamed tributary of Deer Creek, tributary to the North Fork of the South Platte River. D. Appropriation Date: Apr. 12, 1985, for all structures. E. Amounts: Pond No. 1-2 acre-feet, CONDITIONAL, Pond No. 2-2 acre-feet, CONDITIONAL, Pond No. 3-1 acre-foot, CONDITIONAL, Pond No. 4-1 acre-foot, CONDITIONAL. F. Uses: Piscatorial, recreational, augmentation, replacement, exchange and fire protection. 4. Outline of What has been Done Toward Completion or for Completion of the Appropriations and Application of Water to a Beneficial Use as Conditionally Decreed, Including Expenditures: Camp Id-Ra-Ha-Je Pond Nos. 1-4 (the “Ponds”) are components of an integrated water system that is being developed by the Applicant to supply water for the Camp facilities, as this Court recognized in its decree in Case No. 01CW025. The Ponds are intended in part as a back-up augmentation source to those in Applicant’s plan for augmentation decreed in Case No. 85CW110. Subsequent to the entry of the decree in Case No. 01CW025, Applicant has done the following in furtherance of the completion of these conditional rights: (a) employed the firm of S.S. Steffens and Assoc., Inc. to delineate wetlands and provide other technical assistance regarding construction of the Ponds. (b) continued to operate the plan for augmentation that was decreed in Case No. 85CW110. (c) expended more than $63,000.00 to make the following water system infrastructure improvements and repairs: i. drilled an additional augmented Camp well; ii. drilled a new Barn Well; iii. designed a water storage tank and prepared the site; iv. made repairs to Well No. 16-3; and v. made repairs to Well No. 9-3. (d) retained water lawyers for well permitting assistance and to protect its water rights, including filing of this application. The cost

of this legal work, during the diligence period (Nov. 2001 – Oct. 2007) has been at least $3,000.00. (e) numerous other capital improvements have been made at the Camp during the diligence period, with expenditures in excess of $713,000.00. Other Camp needs have required more immediate attention, and construction of these Ponds has been deferred until additional funding is obtained. Full development of these Ponds and their conditional water rights is feasible, and Applicant maintains the intent to do so. 07CW249 MAS Stavropoulos Properties, LLC (Successor-in-interest of Rocky Mountain Conservative Baptist Association), 5655 South Crocker Street, Littleton, Colorado 80120. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN DOUGLAS COUNTY. 2. Name of Structure: Woodbine Reservoir. 3..Description of Conditional Water Right: A. Date of Original Decree: December 8, 1994. Case No.: 94CW46. Court: District Court, Water Division 1. Note: A Finding of Reasonable Diligence was entered by this Court on August 31, 2001, in Case No. 00CW232. B. Location: Woodbine Reservoir is located in the E 1/2 SW 1/4, Section 6, Township 8 South, Range 68 West, 6th P.M., Douglas County. The outlet of the Reservoir is located at a point which is 1,380 feet from the South line and 2,100 feet from the West line of said Section 6. C. Source: Jarre Creek. D. Appropriation Date: July 1, 1955. E. Amount: 1.93 Acre Feet, CONDITIONAL. F. Use. Domestic, stock watering, commercial, irrigation, augmentation, replacement, recreation, fire protection, piscatorial and wildlife propagation purposes. Also, the 0.87 of an acre foot previously decreed ABSOLUTE in Case No. 00CW232, remains CONDITIONAL as to the irrigation of an additional 0.92 of an acre. 4. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed. a. Woodbine Reservoir is located on property locally known as Woodbine Ranch. Historically, Woodbine Ranch has been operated as a destination youth camping facility. Applicant purchased the property in September of 2004. b. Woodbine Reservoir is part of an integrated water system at Woodbine Ranch. It serves as an amenity for campers and staff, and is a source of irrigation and fire protection water. The Reservoir is also a component of the plan for augmentation that was decreed in Case No. 95CW012. c. Woodbine Reservoir has been constructed to a capacity of 0.87 of an acre foot. Applicant intends to enlarge the Reservoir to the full capacity of 2.8 acre feet as originally decreed, and to increase the area historically irrigated from the Reservoir d. Subsequent to Applicant’s acquisition of Woodbine Ranch, Applicant has completed an analysis of the existing infrastructure, including all components of the water system, to determine what improvements and expansions are necessary. Several permit applications have been submitted to Douglas County and to the West Douglas Fire Department. Other applications are in the process of being prepared for submittal to governmental entities to allow work to proceed. Architects, engineers and other consultants have been hired to assist with this process. It is estimated that Applicant has expended in excess of $219,000.00 on such activities. WHEREFORE, Applicant requests that the Court enter an Order finding that diligent efforts have been made to put the water decreed conditionally to Woodbine Reservoir to beneficial use and continue the conditional status of the water right as described herein for an additional diligence period. (4 pages). 07CW250, (97CW338) 9064 Hwy 285, LLC, (Successor-in-interest of Trilogy Conifer, LLC), P. O. Box 1302, Conifer, Colorado 80433. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR AMENDMENT OF DECREE APPROVING UNDERGROUND WATER RIGHT, A PLAN FOR AUGMENTATION AND CHANGE OF WATER RIGHTS, INCLUDING EXCHANGE. IN JEFFERSON COUNTY. 2. Description of Decree for which Amendment is being Requested: A. Date Decree Entered: November 10, 1998. B. Case No. 97CW338. C. District Court for Water Division 1. D. The Decree entered in Case No. 97CW338 (“existing augmentation plan”), approved an underground

water right for the Trilogy Conifer Well No. 1, and a plan for augmentation for a commercial development located on a parcel of property, consisting of approximately 3.2 acres in the SE 1/4 SW 1/4 of Section 5 and the NE 1/4 NW 1/4 of Section 8, Township 6 South, Range 70 West, 6th P.M., Jefferson County. The property is in the Turkey Creek drainage basin. The source of augmentation and replacement water is Mountain Mutual Reservoir Company (“MMRC”), shares, representing direct flow water rights decreed to the Warrior Ditch and the Harriman Ditch, and storage water released from Meadowview Reservoir and the Soda Lakes Reservoir Nos. 1 and 2. Reference is made to the Decree entered in Case No. 97CW338 for a more detailed description of the existing augmentation plan. 3. Proposed Amendment to the Decree. 9064 Hwy 285, LLC (“Applicant”), is the successor-in-interest to Trilogy Conifer, LLC, the primary applicant when the existing augmentation plan was decreed. The purpose of the amendment being requested is to reduce the depletions allowed under the existing augmentation plan, and the volume of augmentation and replacement water committed to the plan to cover such depletions. The existing augmentation plan contemplated the construction of a car wash, as part of a mixed use commercial and office development. The decision has been made by Applicant not to construct the car wash. As a consequence, the volume of water required to serve the development has been reduced to 1.68 acre feet per year from 4.84 acre feet per year; and the volume of augmentation water required to replace depletions has been reduced to 0.168 of an acre foot per year from 1.399 acre feet per year. Applicant requests that an amended Decree be entered by the Court that reflects this reduction in water usage. It is also requested that language in the existing augmentation plan that describe the MMRC water rights be revised to be consistent with the generic language approved by this Court in Case No. 2001CW293, and used in numerous augmentation plan decrees subsequent to 2003. Applicant further requests: (1) That the number of MMRC shares committed to the augmentation plan be reduced to 5.4 shares from the 44.6 shares referenced in the existing augmentation plan; (2) That the Court confirm that the remaining 39.2 MMRC shares, representing 1.231 acre feet of augmentation and replacement water, are no longer encumbered by the existing augmentation plan and are no longer tied to the property covered by the plan; and (3) That the 39.2 MMRC shares, and the water evidenced thereby, and can be used in other augmentation plans and/or for other purposes. In accordance with Paragraph No. 7 of the Order entered in Case No. 2006CW1, the version of Amended Decree the Court will be asked to approve is attached as an Exhibit. Reference is made to the Amended Decree for a more detailed description of the changes being requested. WHEREFORE, the Applicant request that the existing plan for augmentation be amended as set forth herein.. (4 pages and 1 exhibit). 07CW251 APPLICATION FOR UNDERGROUND, DEVELOPED WATER RIGHTS FROM NONTRIBUTARY SOURCES. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF LEADVILLE WATER, J.V. IN PARK COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, Weld County Courthouse, 901 9th Avenue, Greeley, Colorado 80631. 1. Name, Address, and Telephone Number of Applicant: Leadville Water, J.V., a Colorado Joint Venture, c/o James Tiffany, 6659 Piney Creek Circle, Centennial, CO 80016, 303.690.5430. All pleadings should be directed to: Glenn E. Porzak, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, 303. 443.6800. 2. Name of Structure. The Dauntless Tunnel. 3. Legal Description of the Point of Diversion and Discharge. Beginning at a point at the entrance of the Dauntless Portal whence the Southwest corner of Section 31, Township 9 South, Range 78 West of the 6th PM bears North 39º 54’ 32” East a distance of 3,900 feet. 4. Source. The waters for which an appropriation is claimed herein are nontributary waters developed from the Hilltop Mine Dauntless tunnel and Dauntless Lateral tunnel into the Leadville Dolomite, which are not tributary to any natural stream course due to the presence of the overlying impermeable white

porphyry that exists throughout the area. The waters intercepted by these tunnels, if left to follow their natural course, would migrate through the Leadville Dolomite and be intercepted by naturally occurring basement faults and fracturing that are widespread in this area and which extend up into the Leadville Dolomite. The waters, once intercepted within the Leadville Dolomite by these faults and fractures, would move to progressively deeper levels and eventually would enter the pre-Cambrian basement rocks. 5. Amount. The amount claimed is 2 cubic feet per second. 6. Claimed Uses. Applicant claims the right to use, reuse, successively use, lease, sell, or otherwise dispose of to extinction, the nontributary water that is the subject of this Application. Applicant is under contract with the United Water & Sanitation District (“District”) to convey the developed, nontributary water from the Dauntless Tunnel for use within the service area by the District. Beneficial use of all said nontributary water shall include domestic, industrial, municipal, irrigation, commercial, livestock watering, recreational, aesthetic, fish and wildlife, fire protection, storage, augmentation, replacement, exchange and any and all other beneficial purposes. Applicant and/or the District claims the right to take credit for all return flows resulting from the use of said water; provided, however, that augmentation use cannot be made until a court approved plan for augmentation or approved substitute supply plan is obtained. 7. Applicant Ownership. Applicant is the owner of the claimed water. 8. Remarks. The claimed water right is being appropriated as developed waters as defined in Leadville Mine Development Co. v. Anderson, 91 Colo. 536, 17 P.2d 303 (Colo.1932); Southeastern Colorado Water Conservancy District v. Shelton Farms, 529 P.2d 1321 (Colo. 1974); R.J.A., Inc. v. Water Users Association of District No. 6, 690 P.2d 823 (Colo. 1984); and Ready Mixed Concrete Company in Adams County v. Farmers Reservoir and Irrigation Co., 115 P.3d 638 (Colo. 2005); and shall not be subject to the 100 year nontributary rule which limits annual rates of withdrawal. WHEREFORE, Applicant seeks entry of a decree: A. Granting this application, awarding the water rights claimed herein and determining that no findings of reasonable diligence are required with respect to such water rights; B. Determining that the developed water from the Hilltop Mine Dauntless tunnel and Dauntless Lateral tunnel into the Leadville Dolomite is nontributary, developed water and can be withdrawn and used to extinction for all claimed purposes; C. Determining that the vested or conditionally decreed water rights of others will not be materially injured by the use of the claimed nontributary, developed water; D. Granting such other and further relief as may be appropriate. 07CW252 DAVID J. LIDKE, 1011 PIERCE ST., #16, LAKEWOOD, CO 80214. Telephone: (303) 445-0092. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Lidke Well. Date of original decree: November 13, 2001 in case no. 96CW419 in Water Division 1. Legal description: SE1/4, NW1/4, S21, T9S, R75W of the 6th PM at a distance 2500 feet from North and 1600 feet from West. Street address: 310 Pathfinder Rd. Subdivision: Indian Mountain, Lot 51, Filing 4. source: groundwater. Appropriation date: May 31, 1973. Amount: .0033 cfs (15 gpm), Conditional. Use: In house use, single family dwelling. No well has been drilled to date. 07CW253 (01CW38) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. The Consolidated Mutual Water Company, 12700 West 27th Avenue, P.O. Box 150068, Lakewood, CO 80215, (303) 238-0451; Smart Reservoir and Irrigation, Inc., 10050 Wadsworth Blvd., Westminster, Colorado 80021, (303) 469-18732 (James J. Petrock, PETROCK & FENDEL, P.C., 700 17th Street, Suite 1800, Denver, Colorado 80202 (303) 534-0702). Decree Information: Decreed on March 4, 1964, in Civil Action No. 14622, Boulder County District Court. , 3. Name of structure: Smart Reservoir Refill a/k/a Rocky Flats Lake, 4. Source of water: Coal Creek, 5.Date of appropriation: June 15, 1962, 6. Amount: 742.83 acre-feet , Uses: Irrigation, manufacturing and domestic (conditional).

7Location of structure: Located in the S1/2 of Section 16, T2S, R70W of the 6th P.M., at a point from whence the SE corner of Section 16, bears N89˚51'E, 2448 feet. 8. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, §37-92-302, C.R.S. During this diligence period, in continuing the development of the conditional water rights, Applicants have been engaged in the legal defense and protection of said water rights and have been diligent in the continued use and development of the water rights involved. During the diligence period, Applicant has continued to fill and use the Smart Reservoir water rights, and have continued to repair and maintain the structure. Applicant Smart Reservoir and Irrigation, Inc. has leased and delivered water for use by Lefarge Western Mobile. As the area in the vicinity of Smart Reservoir continues to be developed, water from the Smart Reservoir, including the rights which are the subject of this application will continue to be leased and used in that development. Applicant The Consolidated Mutual Water Company purchased a 77.5% interest in the Smart Reservoir a/k/a Rocky Flats Lake in June, 2003, as evidenced by the deed attached as Attachment A, and since that time has diligently worked towards integrating the Smart Reservoir water rights into its overall water supply system. Such activities include but are not limited to the following: (a) Construction of a 12-inch pvc fill line from Smart Reservoir to the existing 24-inch fill line to Welton Reservoir, allowing for delivery of water from Denver Water and Coal Creek to Welton Reservoir. Total investment at cost of $8,704.99 in 2004. (b) Maintenance work in the amount of $6,155.98 in 2005 for cleaning out the Last Chance Ditch siphon and building headwalls for the diversion of water from last Chance Ditch to Smart Reservoir. (c) $1,600.00 in legal fees in 2005, related to enclosing the Last Chance Ditch Pipeline between Coal Creek and the Smart Reservoir. (d) $1,172.50 in legal fees related to Smart Reservoir Water Court diligence activities, incurred in 2005. (e) Construction of a 16-inch fill line and 12-inch meter for the transportation of water from Denver’s South Boulder Diversion Canal to Smart Reservoir in 2007. Total investment on this project to date is $77,938.68. 07CW254 MARY JO BROCKSHUS, 47169 WCR 23, NUNN, CO 80648. Telephone: (970) 590-0955. APPLICATION FOR UNDERGROUND WATER RIGHT IN WELD COUNTY. Well, permit 261887 located SE1/4, SE1/4, S2, T8N, R67W of the 6th PM at a distance 1169 feet from South and 623 feet from East. Street address: 47169 WCR 23, Nunn, CO 80648. Source: groundwater. Depth: 320 feet. Date of appropriation: April 4, 2007. How appropriation was initiated: Applied for well permit. Date water applied to beneficial use: April 7, 2007. Amount claimed: 15 gpm Absolute. If well is non-tributary, Name of Aquifer: Laramie-Fox Hills. Amount claimed in acre feet annually: 1.3. Area of lawns and gardens irrigated: 5 acres. If non-irrigation, describe purpose fully: Home, stock water and domestic animals. 07CW255 MARCEE REIFSNEIDER, 16 MACLEAN DRIVE, LITTLETON, CO 80123. Telephone: (303) 797-3501. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Adams Well. Date of original decree: November 8, 2001 in case no. 96CW942(a) in Water Division 1. Legal description: NE1/4, SW1/4, S23, T9S, R75W of the 6th PM at a distance 2580 feet from South and 1960 feet from West. Street address: 734 Chief Trail. Subdivision: Indian Mountain, Lot 27, Filing 8. Source: groundwater. Appropriation date: May 31, 1973. Amount: .033 cfs (15 gpm). Use: Household only in a single family dwelling not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located. 07CW230 MAREK AND ELZIETA JAROSINSKI, 13831 DOWNING ST., BRIGHTON, CO 80602. Telephone: (303) 255-1500. APPLICATION FOR UNDERGROUND WATER RIGHT IN ADAMS COUNTY. Well permit 236119 located NW1/4, SW1/4, S23, T1S, R68W of the 6th PM at a distance 1510 feet from South and 1200 feet from West. Street address: 13831

Downing St., Brighton, CO 80602. Subdivision: Peak View Estates, Lot 6. Source: groundwater. Depth: 1060 ft. Date of appropriation: 09/05/2001. How appropriation was initiated: Applied for permit. Date water applied to beneficial use: 02/01/2002. Amount claimed: 12 gpm Absolute. If well is non-tributary, Name of Aquifer: Larimer-Fox Hills. Amount claimed in acre feet annually: .7 acre-feet. Area of lawns and gardens irrigated: 7,000 SF. If non-irrigation, describe purpose fully: Ordinary household purposes inside one home watering not more than four large non commercial domestic animals. 07CW256 THREE GENERATIONS, LLC, 11425 Black Forest Road #4, Colorado Springs, CO 80908, through their attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS AND IN THE NOT NONTRIBUTARY DENVER AQUIFER, IN ADAMS COUNTY. 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 is approximately 40 acres located in the SW1/4NW1/4, Section 14, T1S, R65W, 6th P.M., as shown on Attachment A. The wells will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source: Nontributary groundwater from the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers and not-nontributary groundwater from the Denver aquifer, as defined in CRS 37-90-103(10.5) and (10.7). 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 Denver, Upper and Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Denver 45 feet 3.0 acre-feet (NNT) Upper Arapahoe 123 feet 8.4 acre-feet (NT) Lower Arapahoe 110 feet 7.5 acre-feet (NT) Laramie-Fox Hills 125 feet 7.5 acre-feet (NT) 6. Well Fields: Applicant may withdraw all of the legally available groundwater lying below the Subject Property, through wells and 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 Section 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, irrigation, livestock watering, recreation. 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 Sections 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 claims all of the available groundwater and 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. 07CW257 Mike and Virginia Shaw, P.O. Box 1227, Longmont, Colorado 80502 (hereinafter the “Shaws”). c/o Bradley C. Grasmick, Lind, Lawrence & Ottenhoff LLP, 355 Eastman

Park Drive, Suite 200, Windsor, Colorado 80550, 970-674-9888. Application for Change of Water Right and Plan for Augmentation in WELD COUNTY. 2. Name of Water Right(s) to be changed. The Houck No. 2 Ditch. 3. Previous Decrees. The Houck No. 2 Ditch (hereinafter the “Houck No. 2”) was decreed in the Boulder County District Court by order entered on June 2, 1882 in said court with an appropriation date of April 1, 1861 for 7.16 cfs from Boulder Creek for the irrigation of 80 acres. The decreed headgate location is where Idaho slough (a.k.a. Idaho Creek) leaves Boulder Creek. Idaho Creek leaves Boulder Creek in the SE 1/4 Section 30 T2N R68W, 6th P.M., Weld County, Colorado. 4. Historic Use. The Houck No. 2 water right is owned 100% by the Shaws. 4.1 The Houck No. 2 historically irrigated up to 500 acres of land in Sections 20, 21, and 29 Township 2 North Range 68 West of the 6th P.M., Weld County, Colorado. The 80 acres for which the Houck No. 2 was decreed is located between the Houck No. 2 ditch and Idaho Creek in Sections 20 and 29 and is hereinafter referred to as the “Property”. 4.2 Total diversions from the Houck No. 2 from 1950 to 2002 are shown on Exhibit “2”, attached hereto. The farm headgate delivery attributed to the irrigation of the Property averaged a total of 255 acre-feet per year. The historical on-farm depletion of surface water supply of the Houck No. 2 for water used on the Property averaged approximately 126 acre-feet per year. 5. Proposed Change. In addition to the currently decreed right of irrigation, the Shaws seek to change the use of the Houck No. 2 to include recreation, piscatorial, wildlife propagation, augmentation, replacement, and exchange, by direct release or by storage and later release with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. The Houck No. 2 will be used as an augmentation supply in the augmentation plan applied for herein and may be stored in the Middle Shaw Lake and North Shaw Lake as the same are described in Case No. 03CW261 for use within the Lakes and storage and subsequent release for beneficial use. If the Houck No. 2 is used for other than the currently decreed irrigation uses, the Shaw’s will not use the Houck No. 2 as an irrigation source on all or a portion of the Property as necessary to prevent an expansion of use. The Shaws propose terms and conditions on their change of the Houck No. 2 water right which include, 1) a diversion season of April 1 through October 31; 2) river Headgate diversions limited to historical stream depletions associated with the Houck No. 2 right as discussed further herein; 3) river headgate diversions limited to 2,512 acre feet on a 20-year rolling average basis; 4) maximum annual volumetric river headgate diversion limited to 199 acre-feet; and 5) maximum monthly volumetric river headgate diversions limited to the amounts shown below:

Houck No. 2

(acre-feet)

Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec

0.0 0.0 0.0 39 58 68 68 54 45 27 0.0 0.00

6. Return Flow. Future diversions from Boulder Creek will be based on historical stream depletions associated with the historical use of the Houck No. 2. This will result in the Shaw’s leaving the monthly irrigation season return flows associated with the historical use of the Houck No. 2 in Boulder Creek during the irrigation season. During the non-irrigation season, average stream accretions shown in the table below will be replaced by water stored in the Middle Shaw Lake or the North Shaw Lake. Return flows will be replaced via releases to Boulder Creek between the Idaho Creek and Rural Ditch headgates which is in the reach of Boulder Creek located in the northern half of section 29 and the southern half of section 20, T2N, R68W, 6th P.M. The monthly on-farm groundwater returns were lagged to the river using the Alluvial Water Accounting System (AWAS). Historic return flows for the Houck No. 2 averaged 129 acre-feet per year. Historic returns are hereby appropriated by the Shaws for the beneficial uses described herein and will be maintained only for calls senior to the date of the filing of this application.

Houck No. 2 (acre-

feet) Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec

Non-Irrigation Season Return Flows

2.1 1.6 1.6 0 0 0 0 0 0 1.8 3.8 2.6

7. Net Stream Depletions. In order to determine the amount of water that can be fully consumed by the Shaws, the average monthly net stream depletion was calculated as the difference between the average monthly river headgate diversion and the average monthly return flow obligation to Boulder Creek. The net stream depletion represents the total depletion to Boulder Creek due to the historic use of the Houck No. 2 on the Property. The average annual net stream depletions attributable the Houck No. 2 are equal to 126 acre-feet per year. Provided return flows are replaced as described herein, all other water diverted pursuant to the Houck No. 2 water rights may be stored and/or used by the Shaws for the beneficial uses described herein to extinction. 8. Places of Storage 8.1 Middle Shaw Lake, located in the S1/2 NW1/4, Section 29, T2N, R68W, 6th P.M., Weld County, Colorado; with an approximate center point 2200 feet from the North section line and 1350 feet from the West section line as more particularly described in Case No. 03CW261. 8.2 North Shaw Lake, located in the E1/2 NW1/4 and the N1/2 NE1/4, Section 29 and the SE1/4 of Section 20, both in T2N, R68W, 6th P.M., Weld County, Colorado; with an approximate center point 150 feet from the North section line and 1800 feet from the East section line as more particularly described in Case No. 03CW261. 9. Administration and Operation. The Houck No. 2 will continue to be diverted and delivered either to Middle Shaw Lake and/or North Shaw Lake. 10. Structures to Be Augmented: South Shaw Lake. South Shaw Lake is located in the E1/2 SW1/4 and NW1/4 SE1/4, Section 29, T2N, R68W, 6th P.M., Weld County, Colorado; with an approximate center point 1800 feet from the South section line and 2050 feet from the West section line. 11. Water Rights to be Used for Augmentation: 11.1 The Houck No. 2 as described Section I above. 11.2 Middle Shaw Lake and North Shaw Lake as described in ¶ 8.1 and 8.2 above; Case No. 03CW261. 11.3 Shaw Drain #1 located in the SE1/4 NW1/4 Section 29, T2N, R68W, 6th P.M., Weld County, Colorado, approximately 2640 feet from the North section line and 1950 feet from the West section line as more particularly described in Case No. 02CW162. 11.4 The Shaws seek approval to add water rights they acquire by purchase or lease to be used as replacement sources for this plan for augmentation. If the Shaw’s Houck No. 2 water right and junior rights described in ¶¶ 11.2 and 11.3 produce water in excess of that needed to augment the South Shaw Lake and for the Shaw’s other beneficial uses, the Shaws may recapture the excess water by making additional diversions to Middle Shaw Lake and North Shaw Lake or may lease or sell such water to other water users for use pursuant to an approved Substitute Water Supply Plan, Water Court Decree or other lawful approval. 12. Plan for Augmentation. 12.1 South Shaw Lake is an unlined gravel pit that exposes ground water hydrologically connected to Boulder Creek. The exposed ground water is subject to evaporation which results in depletions to the alluvial aquifer and ultimately to the flow in Boulder Creek. To the extent that those depletions are out of priority, the purpose of this plan is to provide for replacement of such out of priority depletions in time, location and amount to the extent necessary to prevent injury. 12.2 Method for Determination of Depletions. The Shaws will calculate and determine depletions from South Shaw Lake based, in part, on the number of surface acres of ground water exposed within South Shaw Lake and corresponding weather data for locations at or near the location of the South Shaw Pond. SB-120 monthly percentages of yearly evaporation at elevations below 6,500 feet will be applied to an annual NWS-33 gross evaporation estimate of 41 inches to determine monthly gross evaporation. The monthly gross evaporation will be converted to a volume by multiplication with the lake surface area of 31 acres. Evaporation at the South Lake will produce

lagged depletions at Boulder Creek. Therefore, the net depletions from South Shaw Lake will be lagged to Boulder Creek using the analytical equations described by Glover (Glover, Robert E., 1977, Transient Ground Water Hydraulics, Water Resources Publications) and others, as available in the AWAS computer program or another acceptable method. Aquifer properties in the model included a transmissivity of 50,000 gpd/ft, specific yield of 0.2 ft/ft, average stream distance of 2,060 ft, and average aquifer width of 4,870 ft.

South Shaw Lake

Replacements (acre-feet)

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

6.1 5.1 5.4 5.2 5.8 6.3 7.7 8.6 8.6 8.5 7.5 6.9

12.3 Replacement of Out of Priority Depletions. The Shaws will make replacement of out-of-priority depletions in time, location and amount from the sources identified herein so as to prevent injury to vested water rights. Due to the relatively small amount of winter depletions and in order to improve administrative and operational efficiency the Shaws may seek to aggregate non-irrigation season depletions as long as such aggregation can be accomplished without injury to other vested rights. 12.4 Accounting and Reporting. The Shaws will provide reports and accountings to the State and Division Engineers. 13. Name and Address of Owners of Structures: Applicant, Idaho Creek LLC c/o the Shaws and Shaw Family, LLLP c/o the Shaws. 07CW258 (96CW916) SHARON E. KENTON AND LAUREL A. GIBBS (formerly Laurel A. McKinney), 11713 West Stanford Drive, Morrison, CO 80465-1575, Telephone (303)979-6331, Law Office of Stephen T. Williamson, P.O. Box 850, Louisville, CO 80027, Telephone (303) 666-4060. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN PARK COUNTY. 1. Name, address and telephone number of Applicants: Sharon E. Kenton and Laurel A. Gibbs (formerly Laurel A. McKinney), as joint tenants with rights of survivorship,11713 West Stanford Drive, Morrison, CO 80465-1575, Telephone: (303)979-6331 2. Name of structure: Kenton/McKinney Well 3.Prior decree: The Kenton/McKinney Well was awarded a conditional decree in Case No. 96CW916, Water Division No. 1, by decree dated October 19, 2001. 4. Description of conditional water right (including source, amounts, priority dates and legal description): The Kenton/McKinney Well is to be located in the NE 1/4 SW 1/4 of Section 13, Township 9 South, Range 74 West of the 6th P.M., Park County, Colorado, at a point approximately 1,620 feet from the South section line and 1,415 feet from the West section line of said section 13. The property is also described as Lot 94, Filing 1, Lost Park Ranches Subdivision, 147 Bordenville Road, Jefferson, CO 80456. It was awarded a priority date of June 30, 1977 for 0.033 cubic feet per second (15 gallons per minute), CONDITIONAL. 5. Decreed Uses: Domestic use in a single family dwelling, including irrigation of not more than 2,000 square feet of home lawns and gardens. Return flows from such uses shall be returned to the same system in which the well is located. 6.Provide a detailed outline of what has been done toward completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed: A. The subject conditional water right is included in the augmentation and exchange plan in Case No. W-8573, Application of Kenneth H. Barber and William W. Poleson, wherein a decree was entered on October 30, 1978. That case involves a very complex plan wherein some of the allowable wells are allowed a limited amount of outside irrigation and other wells are limited to household use only. The decree itself is not clear as to which structures fall into which category. During the subject diligence period Applicants hired legal counsel to investigate the status of the Kenton/McKinney Well as to such uses. B. During the diligence period Applicants filed with the Division of Water Resources an application for a permit to construct the Kenton/McKinney Well. That application is currently pending. WHEREFORE, Applicants request that the court find diligence in the development of the Kenton/McKinney Well and to continue the conditional decree for said structure for the statutory

period. Applicants further request that the court specifically determine that the Kenton/McKinney Well is one of the wells entitled to irrigation use of not more than 2,000 square feet of home lawns and gardens under the augmentation plan decree in Case No. W-8573, and that said well is not limited to household use only. 07CW259 HAYDEN INVESTMENT COMPANY, LLC, 1013 HARDEE ROAD, CORAL GABLES, FL 33146, TELEPHONE: (720) 480-4720. APPLICATION FOR DETERMINATION OF RIGHTS TO GROUNDWATER FROM THE NONTRIBUTARY LARARMIE-FOX HILLS AQUIFER IN JEFFERSON COUNTY, CO. Name of structure: The initial well to be constructed is Hayden Well LFH-1, and it has been issued Well Permit No. 66001-F. A map depicting the location of this well is attached to this Application as Exhibit A. Well Permit information: On July 27, 2007, the Office of the State Engineer issued Well Permit No. 66001-F authorizing the applicant to construct a well on its property to withdraw 2.5 acre-feet annually from the Laramie-Fox Hills aquifer at a rate of 250 g.p.m. A copy of the well permit and the Findings of the State Engineer’s are attached as Exhibit B to this application. Legal description of place of withdrawal: The property on which the groundwater withdrawal will occur consists of three contiguous tracts of land, that are described with more particularity in the attached Exhibit C, and that are referred to herein as the “Subject Land.” The boundaries of the Subject Land are depicted on the attached Exhibit A. The Applicant intends initially to construct one well to withdraw the groundwater. The proposed location of the initial well is in the SE 1/4 of the SW 1/4, Section 11, T. 4 S., R. 70 W. of the 6th P.M. at a point 320 feet from the South line and 1,665 feet from the West line of said section. The legal description for this well is based upon Applicant’s best estimate of the appropriate well location. Applicant requests the right to alter the location of this well to any point within the boundaries of the Subject Land, provided that any relocated or additional well will comply with the applicable well spacing requirements. Applicant further requests that such right of relocation be granted without the necessity of filing any further amendments hereto, republishing notice or petitioning the Court for the reopening of any decree entered herein. Sources of water and approximate depth of well: The source of water is the nontributary Laramie-Fox Hills aquifer and its approximate depth is from 550 feet to 1,250 feet beneath the Subject Land. The aquifer depth is based upon the Findings of the State Engineer and the well permit, and may vary depending upon the local topography and the geohydrologic conditions actually encountered. Applicant intends to fully penetrate the Laramie-Fox Hills aquifer and to withdraw water from all water-producing intervals located therein. Total amounts of water claimed: The Applicant claims all groundwater in the Laramie-Fox Hills aquifer located beneath the Subject Land, and the right to withdraw such water from any wells constructed into the Laramie-Fox Hills aquifer on the Subject Land, and to withdraw the groundwater at the nominal rate of 250 g.p.m. Applicant requests that the pumping rate for Hayden Well LFH-1 be allowed to exceed the nominal pumping rate of 250 g.p.m. to the extent necessary to withdraw the total amount of groundwater available annually from the Laramie-Fox Hills aquifer pursuant to the decree requested herein. Date of appropriation and manner in which appropriation was initiated – date of application to beneficial use: Pursuant to C.R.S. §§ 37-90-137 (4) and 37-92-305 (11), the groundwater that is the subject of this application is not allocated based upon the doctrine of prior appropriation. Therefore, information on appropriation dates and initiation of appropriation is not applicable to determinations of rights to withdraw nontributary groundwater, and conditional water rights, and periodic findings of reasonable diligence likewise to not apply. Proposed use of the water: Applicant will make use of the claimed groundwater on and for the benefit of the Subject Land and at any other place capable of being served therefrom. Applicant proposes to use water at such locations for any lawful beneficial use, including but not limited to: domestic, sanitary, irrigation, industrial, stockwatering, commercial, manufacturing, mechanical, recreational (including fishery and wildlife), fire protection and the maintenance of adequate storage systems and storage reserves. Applicant claims the rights to use such waters for:

immediate application to beneficial uses; storage and subsequent application to beneficial uses; including use by exchange; and for the replacement or augmentation of diversions and depletions resulting from the use of water from any sources by Applicant or others. Use of the water for augmentation purposes will require a separate decree and, therefore, no specific augmentation plan is sought to be decreed herein. In addition to the initial beneficial uses of such water, Applicant claims the rights to sell, lease or otherwise exercise the power of disposition over such water, as well as the rights to use, re-use, successively use, and dispose of all such water to extinction, except for two percent (2%) thereof that Applicant must relinquish to the stream as required by the Denver Basin Rules, 2 CCR 402-6. Such relinquishment may be by any reasonable means selected by Applicant. Applicant claims all of the rights set forth above for itself, its successors, assigns, lessees and contractors. Remarks, Additional Information, and Additional Claims: Applicant seeks to withdraw groundwater as stated herein and to have confirmed its right to all of the groundwater in the Laramie-Fox Hills aquifer underlying the 11.009 acres of the Subject Land (exclusive of any artificial recharge) and to do so over the 100-year life statutorily and administratively prescribed for this aquifer. The groundwater sought to be withdrawn is “nontributary groundwater” as that term is defined in C.R.S. § 37-90-103 (10.5). In order to determine the amount of groundwater available for withdrawal from this aquifer, Applicant has used the surface acreage of 11.009 acres, a specific yield of 0.15, and average saturated thickness of 150 feet for the Laramie-Fox Hills aquifer beneath the Subject Land. By use of these parameters, Applicant estimates that it is entitled to withdraw 2.5 acre-feet of groundwater annually from the Laramie-Fox Hills aquifer lying beneath the Subject Land. As more site-specific data is obtained, different aquifer characteristics may be shown to exist and the total amount of groundwater available may change. Accordingly, Applicant requests the right to revise these estimates based upon such new data and to obtain a decree for the total amount of groundwater which is shown to be available from beneath the Subject Land without the necessity of amending this Application or of republishing the same. Applicant also requests that this Court retain jurisdiction over this matter pursuant to C.R.S. § 37-92-305 (11) in order to adjust the annual amount of withdrawals allowed pursuant to the decree to be entered herein to conform to actual local aquifer characteristics. Applicant further requests that this Court order the State Engineer to evaluate any new, additional, supplemental, replacement or alternate point of diversion well permits as if the applications for those well permits were filed on June 1, 2007, the date that the permit application was filed for the Hayden LFH-1 well. Applicant asserts that: the total amount of groundwater claimed herein in the Laramie-Fox Hills aquifer underlying the Subject Land is unappropriated; its withdrawal will not result in material injury to the vested water rights of others; all of such facts can be substantiated as matters of geological and hydrological fact; and such withdrawal will not, within 100 years, deplete the flow of any natural stream at an annual rate greater than one-tenth of one percent (0.1%) of the annual rate of withdrawal. Due to the fact that production from the Laramie-Fox Hills aquifer may be less than anticipated or may decline over time, in addition to the Hayden LFH-1 well, Applicant may need to construct additional wells, including new, supplemental, replacement, or alternate point of diversion wells, in order to recover the entire decreed amount of water available from this aquifer. Applicant requests the right to construct such additional wells as are necessary in order to establish and maintain groundwater production. Applicant also requests that each such well, including new, supplemental, replacement and/or alternate point of diversion wells, that are constructed in the Laramie-Fox Hills aquifer on the Subject Land be determined to constitute a “Well Field” as that term is defined in the “Statewide Nontributary Groundwater Rules,” 2 CCR 402-7, Rule 4(A)(13). Applicant requests the right to withdraw from any single well or any combination of wells constructed in the Laramie-Fox Hills aquifer, an amount of groundwater in excess of the annual amount decreed, so long as the sum of the total withdrawals from the well or wells does not exceed the product of the number of years and fraction thereof which have elapsed since the date of issuance of the well permit multiplied by the allowed average annual withdrawal

volume for the Laramie-Fox Hills aquifer as decreed herein or as modified thereafter pursuant to the Court’s retained jurisdiction. Name and address of owners of land on which structures are located: Applicant owns the Subject Land, and its name and address are stated above. Applicant owns the Subject Land free and clear of all other liens, mortgages, or other encumbrances. The Applicant request that the Court enter a Decree granting this application, and making the determinations and awarding the water rights claimed herein, and granting such other relief as the court deems proper. 07CW260 SHAWN MCKEE, P.O. Box 129, Monument, CO 80132, 719-635-6920. Henry D. Worley, Reg. No. 14368, MacDougall, Woldridge & Worley, PC, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905, 719-520-9288. Application for Change of Water Rights and for Approval of Plan for Augmentation in EL PASO COUNTY. The Property consists generally of the E1/2 NW1/4 and about five acres in the SE1/4 W1/2 NW1/4 Section 3, T. 11 S., R. 66 W., 6th P.M. (the ΑProperty≅). APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 10. Name of structures to be augmented: Up to 15 Dawson aquifer wells. No other water rights are or will be diverted from these wells. 11. Previous decrees for water rights to be used for augmentation: 99CW214, Water Division 1, decree entered September 28, 2000 (Αthe Decree≅). This Decree adjudicated water rights for a substantially larger parcel of land than the Property. The approximate amount of water rights owned by Applicant is as follows: not nontributary Dawson aquifer, 66 AF/yr; nontributary Denver aquifer, 84.8 AF/ yr; nontributary Arapahoe aquifer, 41.6 AF/yr; nontributary Laramie-Fox Hills aquifer water, 29.0 AF/yr. Only the Dawson and Denver aquifers are involved in this plan for augmentation. 12. Change of Water Rights. The water rights are decreed for Αmunicipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection, augmentation, substitution and exchange, both on or off the Subject Property.≅ To the extent that they may not be included in that extensive list, Applicant seeks to add swimming pools, hot tubs and spas, and decorative ponds and fountains to the decreed uses. The historical use of these Denver Basin water rights is not applicable to this change of water rights. 13. Statement of plan for augmentation: A. Applicant will subdivide the Property into as many as 15 lots for single family residences which may include some incidental commercial uses, such as a home-based businesses. Alternately, Applicant may subdivide the Property into 11 lots for single family residences and one larger commercial lot, the most likely use for which is a church. Wells for individual residential lots will be limited to 15 gpm and 1.0 acre foot per well. If a commercial well is constructed, it will be limited to 50 gpm and 9 AF/yr. Regardless of the number and types of wells, the total amount of water pumped on an annual basis may not exceed 20 acre feet per year. Existing exempt well permit 146322 will be augmented pursuant to this plan for augmentation. B. Uses of water on residential lots will be for some or all of the following uses: for indoor uses for drinking and sanitary purposes, for livestock watering, for hot tubs, swimming pools, for all landscape and garden uses including irrigation and decorative ponds and fountains, and for augmentation. Indoor water usage for each house is expected to equal 0.30 acre foot per house. A typical hot tub may require approximately 1,400 gallons (0.004 acre foot) per year; a swimming pool, 7,500 gallons (0.023 acre foot) per year; bluegrass irrigation, annual applications of 2.0 acre feet per acre, or 0.046 acre foot per 1,000 square feet; livestock watering, ten gallons per horse per day, or 0.011 acre foot per horse per year. Applicant=s intention is to limit annual diversions to 1.0 acre foot per residential lot, but not to otherwise restrict in the decree which of these uses may occur. Applicants for well permits will designate how they intend to Αallocate≅ their 1.0 acre foot on their well permit applications, based on the above criteria, or based upon criteria agreed to with the State Engineer for any uses not specified above. The commercial property will be required to restrict its use to no more than 9.0 acre feet annually, with irrigation limited to no more than 0.75 acre of

bluegrass, or its water-consuming equivalent of other landscaping. Based on assumed demand of 5 gallons per seat per day for church use, 35 gallons per capita per day for day care and/or church school and 2.00 acre feet per acre for irrigation, 9.0 acre feet would be adequate for a 1,000 seat worship facility, 250 days per year of day care and/or church school for 100 people (including the day care providers) and 0.75 acre of turf grass irrigation. Obviously, the 9.0 acre foot limit could be achieved by varying the amounts of each water use up or down commensurately. Using these criteria for the above example, indoor uses at such a church would equal approximately 7.5 acre feet annually, with septic system return flows of 6.75 acre feet. C. Water Consumption and Return Flows. It is generally accepted that no more than ten percent of water used indoors in residences using non-evaporative septic systems and leach fields for wastewater disposal is consumed, with 90 percent returning to the stream system. Although there will be some return flows from other uses, Applicant will rely only on return flows from septic systems and leach fields for replacement of depletions during pumping. C. Replacement of Stream Depletions During Pumping. Based on computer modeling, stream depletions will occur to tributaries of the South Platte and Arkansas Rivers. Applicant proposes to aggregate and replace all stream depletions to West Cherry Creek, a tributary of the South Platte River. Computer modeling indicates that during pumping stream depletions will gradually increase to a maximum of approximately 24.6 percent of annual pumping in the 300th year. If 1.0 acre foot per year is pumped through each of 15 Dawson aquifer wells, depletions in the 300th year will equal 3.69 acre feet annually and septic system return flows will equal 4.05 acre feet annually. If 1.0 acre foot per year is pumped through each of 11 Dawson aquifer wells and up to 9.0 acre feet are pumped annually from a Dawson aquifer well for a commercial facility in which no more than 1.5 acre feet will be used for landscape irrigation, depletions in the 300th year will equal 4.92 acre feet and return flows will equal 9.72 acre feet. Even if the indoor uses by a church are far smaller than 7.5 acre feet, so long as landscape irrigation is limited to 1.5 acre foot annually, septic system return flows will exceed depletions. D. Replacement of Stream Depletions After Cessation of Pumping. Applicant agrees to replace depletions for the shortest of the following periods: the period provided by the Colorado Legislature, should it eventually specify one and if the Applicant obtains water court approval for such modification, the period determined by the State Engineer, should the State Engineer lawfully establish such a period; the period established through rulings of the Colorado Supreme Court in relevant cases; or until Applicant petitions the water court and after notice to parties in the case proves that it has complied with all statutory requirements. Applicant will reserve 5171 acre feet from the Denver aquifer underlying the Property for the replacement of post-pumping depletions, unless and until such time as any of the above conditions occurs which terminates the obligation to replace post-pumping depletions, or unless Applicant obtains judicial approval of another source of replacement water for post-pumping depletions. Applicant shall make post-pumping replacements annually as required to replace modeled stream depletions. Applicant proposes to aggregate all depletions and to replace them to the South Platte drainage. E. Miscellaneous. Applicant will establish restrictive covenants on the Property which: (a) restrict pumping from the Dawson aquifer to no more than 1.0 acre foot annually per residential well and 9.0 acre feet per (one) commercial well; (b) require the use of non-evaporative septic systems for wastewater treatment; (c) reserve adequate nontributary water for replacement of post-pumping depletions, which reservation may be voided upon the occurrence of any of the events specified above eliminating the need for such reservation; and (d) which inform future property owners that they will be required to construct a well or wells a nontributary aquifer underlying the Property for replacement of post-pumping depletions if the source of augmentation water is unchanged. Restrictive covenants limiting the area to be irrigated or the number of horses, or their water-consuming equivalents, which are allowed on the Property, are unnecessary because the limitation to 1.0 acre foot of total pumping annually per lot, and the requirement that non-evaporative septic systems be used, ensures that return flows will exceed depletions throughout the 300 year pumping period; provided that if a

commercial well is constructed, the irrigation on that lot shall be limited to 1.5 acre foot annually, which is adequate for approximately 0.75 acre foot of bluegrass. This application is being filed in both Water Divisions 1 and 2 because stream depletions will occur in both the South Platte and Arkansas drainages. After the time for filing statements of opposition has expired, Applicant will seek to consolidate the two applications in Water Division 1. (Application is 6 pages) AMENDMENTS 1980CW50. Mountain Mutual Reservoir Company, c/o William Blatchley, 2525 South Wadsworth Boulevard, Suite 306, Lakewood, CO 80227 (“MMRC”); Upper South Platte Water Conservancy District, c/o Stephen Spann, President, P.O. Box 612, Fairplay, CO 80440, (303) 781-2430 (the “Upper South Platte District”); Center of Colorado Water Conservancy District, c/o Daniel J. Drucker, President, P.O. Box 1747, Fairplay, CO 80440-1747, (303) 838-0302, (the “Center District”). PETITION TO MODIFY THE FINAL DECREE IN PARK, TELLER, JEFFERSON AND DOUGLAS COUNTIES. 2. Applicants standing: Applicant MMRC was an original applicant in Case No. 80CW50. Applicants Upper South Platte District and the Center District are the successors in interest to 21.5 shares of Class “A” stock of MMRC (hereinafter “the 21.5 shares”) that were first issued to Burland Meadows Limited Partnership and identified as replacement water in the plan for augmentation decreed in Case No. 80CW50, entered by the water court for Water Division No. 1 on May 2, 1982. The entity Burland Meadows Limited Partnership is no longer in existence. The 21.5 shares were formerly represented by stock certificate no. 188, attached hereto as EXHIBIT A. The 21.5 shares were transferred to National Mortgage Company of Montana in a foreclosure action, and thereafter sold to the Upper South Platte District. The 21.5 shares are today represented by MMRC stock certificate no. 231, attached hereto with the letter from MMRC confirming the associated consumptive use yield, as EXHIBIT B. 3. Decree in Case No. 80CW50. In Case No. 80CW50, the water court approved a plan for augmentation for out of priority depletions caused by well pumping for residential uses at the Burland Meadows subdivision. Burland Meadows Limited Partnership, North Fork Associates and MMRC are collectively referred to as “the 80CW50 Applicants.” Burland Meadows Limited Partnership owned land upon which it proposed a residential development of 150 lots in the vicinity of Bailey, Colorado. Twenty of these lots were to be duplex or double family lots, for a total of 170 single family dwellings. At build-out, the proposed development had an estimated water demand of a maximum of 56.28 acre feet per year, with a maximum resulting consumptive use of 7.56 acre feet per year for the entire development. See Decree in Case No. 80CW50 at Findings of Fact, ¶¶ 5-8. The 80CW50 Applicants proposed to augment these well depletions with 260 shares of stock in MMRC. Id. at ¶9. 3.1 The Burland Meadows development contains approximately 530 acres and is located in parts of Sections 22, 23, 26 and 27, all in Township 7 South, Range 72 West of the 6th P.M., in Park County, Colorado. 3.2 The 21.5 shares derive from the following legally described sources: Guiraud 3T Ditch: MMRC owns 2.868 cfs of the water rights decreed to the Guiraud 3T Ditch as follows:

Adjudication Date Appropriation Date Amount (cfs)

October 18, 1889 (Original Adjudication, Water District 23)

July 1, 1867 20

The Guiraud 3T Ditch headgate is located on the South bank of the Middle Fork of the South Platte River in the NE 1/4, Section 8, Township 11 South, Range 76 West, 6th PM, Park County, Colorado, at a point whence the Northeast Corner of said Section 8 bears North 63º 35’ East, 1,305 feet. Spinney Mountain Reservoir: MMRC owns a firm annual yield of 80 acre feet of water stored in Spinney Mountain Reservoir pursuant to the Water Rights Exchange Agreement between the City of Aurora and MMRC, dated November 24, 1986 and recorded in

the real property records of Park County in Book 407 at Pages 69-84. The legal description of that structure is the South one- half of Section 25, Township 12 South, Range 74 West, 6th PM; the left abutment of said dam located at a point whence the Southwest corner of Section 36, Township 12 South, Range 74 West, 6th PM, bears South 23º 26" West 8,314.3 feet in Park County, Colorado. 3.3 The 21.5 shares were specifically dedicated to augment the depletions caused by the wells serving the proposed duplexes. See, Exhibit A and Decree in Case No. 80CW50, at Findings of Fact, ¶5 and Decree, ¶7 3.4 The subdivision was recorded by two plats. The first was identified as Burland Meadows Filing No. 1, recorded in the real property records of Park County on March 28, 1984 at reception number 329463. The second was originally identified as Burland Meadows Filing No. 2, but the name was changed to Trails West, which plat was filed in the real property records of Park County on May 19, 1988 at reception number 369772. 3.5 A total of 149 lots were platted in the area described in Case No. 80CW50. 4. Duplexes never constructed. The Park County Assessor’s office has confirmed that a total of 130 residential lots have been purchased in the Burland Meadows and Trails West subdivisions, and that the 20 proposed duplex lots do not exist. See, Affidavit of David B. Wissel, attached as EXHIBIT C. 5. 21.5 shares have not been utilized pursuant to 80CW50 Decree. The 21.5 shares have never been utilized under the decree in Case No. 80CW50. First, the shares were sold in foreclosure and were purchased by the Upper South Platte District. See, EXHIBIT A. Second, the Park County Assessor has confirmed that only 130 of the platted lots in the Burland Meadows and Trails West subdivisions are listed as single family residential lots on the assessor’s records of Park County, 12 lots are listed as vacant residential, and the remainder of lots are religious or county exempt lots. See, EXHIBIT C. The Park County Assessor has further confirmed that the no duplexes exist on the tax rolls of Park County in those subdivisions. Id. 6. Use in Upper South Platte District and Center District plan for augmentation. Applicants Upper South Platte District and the Center District currently have a pending application for approval of a plan for augmentation and appropriative rights of exchange in Case No. 02CW389, in which the applicants seek to augment out-of-priority depletions within their service territory. Applicants identified the 21.5 shares, in part, as a replacement source in the application in Case No. 02CW389. 7. Relief requested. Applicants seek an order of the court modifying the final decree in Case No. 80CW50 to remove the water associated with the 21.5 shares from that decree and allow the water associated with the 21.5 shares to be included as a replacement source in Case No. 02CW389. 8. Proposed modifications. Applicants propose to modify the findings of fact, conclusions of law and judgment and decree of the water court entered in Case No. 80CW50 with the changes identified in the redlined proposed modified findings of fact, conclusions of law and judgment and decree of the water court attached as EXHIBIT D. The modifications represent revised calculations pursuant to the platted Burland Meadows and Trails West subdivisions, the removal of the water represented by the 21.5 shares from the decree, and to correct references to projects that did not come to fruition. Specifically, Applicants propose to remove from the decree the Woodside Reservoir and Jefferson Lake Reservoir, sources of augmentation water that were never available to the 80CW50 Applicants and that were not needed to augment the structures noticed in the 80CW50 decree. WHEREFORE, Applicants request that the Court grant the Petition to Modify as described herein and enter a modified proposed decree in Case No. 80CW50.

2001CW273, PETITION TO CORRECT ABANDONMENT DECREE, Bill and Lois Leonard, Sharon Batchelder, Rhonda Alstad, Robert and Naiad Thompson and Mountainbrooks Ranch Trust (collectively “Doud Ditch Owners”), 4309 Lanark Ave., Fort Worth, TX 76109. Jeffrey J. Kahn, Esq., Mark D. Detsky, Esq., Bernard Lyons Gaddis & Kahn, PC, P.O. Box 978, Longmont, CO 80502-0978. BOULDER COUNTY. Petitioners, Doud Ditch Owners, submit this petition to the water court to modify the corrected abandonment decree in Case No. 01CW273 to revise a substantive error that was the result of mistake, inadvertence or excusable

neglect, that being the inclusion of the Doud Ditch water rights on the abandonment list. As grounds therefore, Petitioners state as follows: 2. Jurisdiction and Legal Authority. This petition is being filed within four years after the date of the entry of a judgment and decree on the decennial abandonment list. The Court has jurisdiction to hear this petition and revise the Corrected Abandonment Decree and to correct substantive errors in the judgment and decree upon a showing of mistake, inadvertence, or excusable neglect. §37-92-401(10), C.R.S. 3. Abandonment Decree. In Case No. 01CW273, entered on February 21, 2007 by the District Court for Water Division No. 1, and revised in the Corrected Judgment and Decree, entered June 25, 2007 by the District Court for Water Division No. 1, a decree was entered confirming the decennial abandonment list pursuant to the procedures outlined in §§37-92-401(4) – (8), C.R.S. (together, the “Abandonment Decree”). 3.1 Legal Description: The headgate of the Doud Ditch is located at a point on the right bank of Horse Creek in the SW ¼ SE ¼ Section 11, Township 3 North, Range 73 West of the 6th P.M., in Boulder County, Colorado. 4. Petitioners’ water rights. The Doud Ditch water rights were decreed as follows: 4.1 Civil Action 11715, Boulder County District Court, entered on July 23, 1951, as a direct flow right from Horse Creek, in the amount of 3.7 cfs with an appropriation date of September 29, 1920. 4.2 Case No. W-7267, entered on September 30, 1976, District Court for Water Division No. 1, as a direct flow right from Horse Creek, in the amount of 3.7 cfs with an appropriation date of October 7, 1920. 4.3 Legal Description: The headgate of the Doud Ditch is located at a point on the right bank of Horse Creek in the SW 1/4 SE 1/4 Section 11, Township 3 North, Range 73 West of the 6th P.M., in Boulder County, Colorado. 5. Claim. In the Abandonment Decree, the Court found that the two water rights mentioned in ¶4, above, had been abandoned. The Doud Ditch owners were not informed of the Abandonment Decree until they attempted to divert water during the summer of 2007. The Doud Ditch owners assert that they did not intend or otherwise act to abandon the Doud Ditch water rights. The Doud Ditch has been diverted and appears to have been in continuous use since at least 1947, which is the earliest year of use by the Doud Ditch owners now living. Notice of the potential abandonment was never received by the Doud Ditch owners due to mistake, inadvertence or excusable neglect, which led to the Doud Ditch owners’ failure to file a timely protest to the water rights’ inclusion on the abandonment list. 6. Statement of Facts. 6.1 In a letter from Division Engineer, Richard L. Stenzel, to Harold Menzel, dated July 1, 2000, notice was given that Mr. Menzel was listed as the last known owner or claimant of one or more rights on the draft abandonment list. No mention of the Doud Ditch was given in that letter. The July 1, 2000 letter, attached as EXHIBIT A, was returned to the Division Engineer as not having a valid address. No further action was taken by the Division Engineer. 6.2 The name Harold Menzel is not known to the Doud Ditch owners. In the decree in CA 11715, Harold Menzel was listed as counsel to Earnest A. Doud, claimant to the Doud Ditch. It appears that the owners of the water right adjudicated in Case No. W-7267, Lewis and Lorena K. Dakan, were never contacted, nor were there successors-in-interest contacted. 6.3 The Doud Ditch is owned by the separate persons listed in paragraph 1, above. Those property owners were also the owners of the Doud Ditch in July 2001. 6.4 The Division Engineer’s office did not attempt any further identification of the owners of the Doud Ditch. Resume Notice of the revised abandonment list was published in the January 2002 resume for Water Division No. 1. 6.5 The owners of the Doud Ditch have continuously diverted water and maintained the Ditch, including piping work completed in 2006. The expense list for work performed on the ditch during 2006 is attached as EXHIBIT B. Such consistent diversions have been verified by the water commissioner for Water District No. 5. 7. Statement of Mistake, Inadvertence or Excusable Neglect. The failure to timely protest the abandonment listing of the water rights adjudicated to the Doud Ditch came in two instances. First, by mistake, the Division Engineer only contacted the one-time address of former counsel for the original claimant of only one of the two water rights adjudicated to the Doud Ditch. This led to a failure of the present owners to receive direct notice. Second, the Doud Ditch owners, by inadvertence and excusable neglect, did not receive resume notice of the

abandonment list. Because of their continuous use of the Doud Ditch for the past fifty years, the Doud Ditch owners did not have reason to suspect the Doud Ditch water rights had been considered for abandonment. The Doud Ditch owners were not represented by counsel at the time and did not actively review the December 2001 resume, or other resumes, for applications that could potentially affect their water rights. These circumstances together constitute inadvertence and excusable neglect on the part of the Doud Ditch owners. The resulted of such mistake, inadvertence or excusable neglect was a failure on the part of the Doud Ditch owners to file a timely protest to the placement of the Doud Ditch water rights on the abandonment list. The Doud Ditch owners have maintained and diverted the Doud Ditch water rights consistently for fifty years and the Doud Ditch water rights have not been abandoned. 8. Prayer for Relief. By this petition, Petitioners seek to protest the inclusion of the Doud Ditch water rights in the Corrected Abandonment Decree and respectfully request that the Court: 1) find that the inclusion of the Doud Ditch water rights in the Corrected Abandonment Decree was substantive error, due to mistake, inadvertence or excusable neglect, and 2) issue a Corrected Abandonment Decree that removes the Doud Ditch water rights from the list of abandoned water rights. A proposed order is tendered herewith.

03CW268 Northern Colorado Water Association, P.O. Box 415, Wellington, CO 80549, (970)

568-3975. The Northern Colorado Water Association may be referred to hereafter as “NCWA” or “Applicant”. SECOND AMENDMENT TO APPLICATION FOR UNDERGROUND WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION IN LARIMER AND WELD COUNTIES. B. The Application in this case (Case No. 2003CW268) was filed by NCWA in the District Court, Water Division 1, State of Colorado on or about September 27, 2007 (the “Amended Application”). The Amendment to the Application was contained in the September, 2007 resume for Water Division 1 beginning at page 18. C. Paragraph C.2. of the Amendment to the Application currently reads as follows: 2. NCWA Well 3 is located in the NW1/4 of the NE1/4 of Section 24, Township 11 North, Range 68 East of the 6th P.M., Larimer County, Colorado. NCWA is approximately located at a point about 1,000 feet south of the north section line of said Section 24, and 2,400 feet west of the east section line of said Section 24. NCWA Well 3 is located in Northern Larimer County around 40 miles from the South Platte River. Paragraph C.2. of the Amendment to the Application is Amended in its entirety to read as follows: 2. NCWA Well 3 is located in the NW1/4 of the NE1/4 of Section 24, Township 11 North, Range 68 West of the 6th P.M., Larimer County, Colorado. NCWA Well 3 is approximately located at a point about 1,000 feet south of the north section line of said Section 24, and 2,400 feet west of the east section line of said Section 24. NCWA Well 3 is located in Northern Larimer County around 40 miles from the South Platte River. In all other respects, the Amendment to the Application shall remain unchanged. Applicant agrees that all Statements of Opposition previously filed shall be applicable to this Second Amendment, without the necessity of refiling. 2004CW359 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD (“Weld County”); 915 10th Street, P.O. Box 758, Greeley, CO 80632 (Lee E. Miller, Alix L. Joseph, Trisha L. Culp BURNS, FIGA & WILL, P.C., Attorneys for Weld County, 6400 S. Fiddlers Green Circle, Suite 1000, Greenwood Village, CO 80111). FIRST AMENDMENT TO APPLICATION FOR UNDERGROUND WATER RIGHTS AND PLAN FOR AUGMENTATION, IN WELD COUNTY. 1. Paragraph 2(b) of the Application describing the legal description of well is amended to reflect the as constructed location of the well which is in the NE 1/4 of the SW 1/4, Section 31 T6N, R65W of the 6th P.M. in Weld County, CO at a point 2632 feet from the S section line and 1485 feet from the W section Line. 2. The amount of water claimed for the Weld County Dust Control Well #1 as described in paragraph 6 of the Application is amended to be 29.2 af absolute and 10.8 af conditional. 3. Paragraph 9 of the Application is

amended to correct the location of the Greeley Municipal Wastewater Treatment Plant outfall and should read: 9) Source of Augmentation Water: Augmentation will be provided by use of a portion of the 300 af of consumptive reuse credits perpetually leased from the City of Greeley pursuant to an agreement entitled PERPETUAL LEASE OF FULLY CONSUMABLE WATER, dated November 10, 2004, and recorded at reception #3242334 on December 8, 2004 in the records of the Weld County Clerk and Recorder. Applicant’s diversion at the location described in Paragraph 2 herein will cause depletions to the Cache la Poudre River which will be replaced by the delivery of the reuse credits at the outfall to the Cache la Poudre from the Greeley Municipal Wastewater Treatment Plant outfall, which is located on the south bank of the Cache la Poudre River in the SW 1/4 of the SW 1/4 of Section 4, T5N, R65W of the 6th P.M. In all other respects, this Application remains unchanged. (First Amendment to Application, 4 pages)

07CW22 FIRST AMENDMENT TO APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION IN WELD COUNTY of Charles and Dorothy Larson in Weld County, c/o Sara J.L. Irby, Fischer, Brown & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525. (970)407-9000. The original application in this matter was filed on January 31, 2007 and was published in the January 2007 resume (“Original Application”). The Original Application is unchanged by this First Amendment to the Application except to the extent specifically set forth below. A. Location of Gravel Pit: Sec. 4 of the Original Application describes the Larson Pit as being located in the SW 1/4 of the NE 1/4 of Sec. 10, T2N, R68W of the 6th P.M., Weld County, CO. Applicant makes the following amendment to this legal description. “The Larson Pit is located in the SW 1/4 of the NW 1/4 of Sec. 10, T2N, R68W of the 6th P.M., Weld County, CO.” A map depicting the location of the Larson Pit is attached hereto as Exhibit A. 07CW56, RICHARD M. STEVENS, RUTH N. STEVENS, VASHTIE A. STEVENS, DIXIE J. STEVENS, and ESTATE OF CLIFFORD STEVENS, through their attorneys: Petrock & Fendel, P.C., Bradford R. Benning, Atty. Reg. #31946, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AND DENVER AQUIFERS IN DOUGLAS COUNTY. The original application referenced the Subject Property as approximately 420 acres of land located in parts of Sections 7, 8, and 9, T7S, R66W. (The State has determined that there is actually 413 acres associated with the original legal description). In the original application, a 23 acre tract of land located in the E1/2 of Section 7, T7S, R66W, was not included in the legal description. The 23 acres is owned by Applicants Richard, Ruth, and Dixie Stevens as to a 1/2 interest and Vashtie Stevens as to the other 1/2 interest, and is shown and described on the revised Attachment A. The amount of acreage which is the subject of this amended application is 436 acres as shown and described on the revised Attachment A hereto. No objections were filed to the original application. All other matters remain the same as shown in the March, 2007, resume for Water Division 1. 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 2007 (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 $90.00 filing fee. A copy of each Statement of Opposition must also be 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.