DISTRICT COURT, WATER DIVISION 1, COLORADO FEBRUARY 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 FEBRUARY 2007 for each County affected. 07CW26 BAPTIST BIBLE TEMPLE % Pastor Timothy Bird, 870 S. Quitman, Denver, CO 80219. Telephone: (303)237-5525. APPLICATION FOR UNDERGROUND WATER RIGHT IN PARK COUNTY. Name of Well: Living Hope #1 located SE1/4,NE1/4, S30, T6S, R72W of the 6th PM at a distance 2350 feet from the North and 130 feet from the East. Street Address: AKA 251 Tincup Terrace, Bailey, CO 80421. Source: Groundwater. Date of appropriation: 1961. Amount claimed: 1 gpm absolute. Use: Exempt commercial. 07CW27 APPLICATION FOR UNDERGROUND NONTRIBUTARY AND NOT NONTRIBUTARY WATER RIGHTS IN THE LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY, COLORADO. c/o Robert E. Schween, Esq., Robert E. Schween, P.C., 3854 So. Dayton Way, No. 204, Aurora, CO 80014. Tele: 303.995.7870. 1. Name, Address, and Telephone Number of Applicant: Epiphany Evangelical Lutheran Church, a Colorado nonprofit corporation, Attn: Eva Mitchell, 550 Wolfensberger Road, Castle Rock, Colorado 80109. [Telephone: 303-688-4435] 2. Background: A. Applicant is the owner of a parcel of land consisting of a total of 5.23 acres, more or less, in Douglas County, generally described as a parcel in the SE1/4 of the SW1/4 of Section 3, Township 8 South, Range 67 West of the 6th P.M., as shown on the General Location Map, attached as Exhibit A, the Site Location Map, attached as Exhibit A-1, and as described in the Property Legal Description, attached as Exhibit B, hereto (“Applicant’s Property”). B.This application seeks a ruling and decree adjudicating all the ground water in the Denver Basin aquifers underlying Applicant’s Property. C. Applicant certifies that one other entity has a financial interest in such land. Accordingly, Applicant will comply with the notice requirements of § 37-92-302(2), C.R.S. 2. Well Permits: A. Well permit applications for wells to be constructed pursuant to this application and subsequent ruling and decree will be applied for at a later time pursuant to the terms of the final decree to be entered in this matter. Applicant requests the right to construct such wells anywhere on the Applicant’s property in order to recover the entire amount of ground water found to be available in each aquifer. B. There are two existing wells on Applicant’s Property. Well Permit No. 102127 is a Dawson aquifer well and Well Permit No. 2341 is an exempt domestic well, with an appropriation date of November 7, 1958. By this application, Applicant seeks the adjudication of this well pursuant to § 37-92-602(4), C.R.S. 3. Source of Water Rights: A. Not-Nontributary Ground Water: Ground water in the Lower Dawson and Denver aquifers at this location is classified as not-nontributary ground water as defined in § 37-90-103(10.7), C.R.S. Withdrawals of such ground water require replacement to the affected stream system of an amount of water equal to either the actual depletions caused by pumping such wells or four percent (4%) of the amount of water withdrawn, pursuant to a judicially approved plan for augmentation. No such plan is sought herein. Otherwise, such water may be fully consumed to extinction for all beneficial uses. B. Nontributary Ground Water: Ground water in the Arapahoe and Laramie-Fox Hills aquifers at this location is nontributary as defined at § 37-90-103(10.5), C.R.S. Applicant will comply with the requirement to relinquish two percent (2%) of all such nontributary ground water withdrawn to the stream system. Otherwise, such water may be fully consumed to extinction for all beneficial uses. 4. Date of Initiation of Appropriation: Not Applicable. 5. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to be available from each aquifer named above underlying the 5.23 acres of land described herein, based upon a statutory aquifer life of 100 years. Applicant is the owner of such overlying land area. A copy of Applicant’s

Deed for such property is attached hereto as Exhibit C. B. Withdrawal in the average annual amounts determined to be available from each named aquifer can be made pursuant to § 37-90-137(4), C.R.S., without causing material injury to the vested rights of others, PROVIDED THAT, withdrawals of not-nontributary ground water may be made only pursuant to a judicially approved plan for augmentation of depletions caused by such withdrawals. 6. Estimated Amounts and Rates of Withdrawal: A. Estimated Average Annual Amounts Available: The estimated average annual amounts of withdrawal available from each aquifer are as shown below. Such estimates are based on the Denver Basin Rules, 2 CCR 402-6, and any ruling in this matter will adopt the values contained in the State Engineer’s Office Determinations of Fact to be issued in this case. Sat. Sand Specific Average Annual

Aquifer Acreage Thickness Yield Amount (AF) Lower Dawson 5.23 95 ft. 20% 1.0 AF

Denver 5.23 340 ft. 17% 3.0 AF Arapahoe 5.23 285 ft. 17% 2.5 AF Laramie-Fox Hills 5.23 140 ft. 15% 1.1 AF

B. Adjustment of Amounts. Such average annual amounts available from each aquifer depend on the hydrogeology at the location of Applicant’s property and may be adjusted pursuant to the Court’s retained jurisdiction, as described below. C. Average Pumping Rates: The wells to be completed into each aquifer will withdraw ground water at rates of flow necessary to efficiently withdraw the entire decreed amounts from each aquifer. 7. Well Fields; Additional Wells: A. Applicant requests the right to withdraw all of the legally available ground water in the subject aquifers underlying Applicant’s Property through any well(s) initially permitted in such aquifer and any additional well(s) which may in the future become part of the Applicant's well field. B. As additional wells are needed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 8. Proposed Uses: Applicant intends to use all ground water requested herein. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: municipal (if conveyed to a municipality or quasi-municipal water supply entity), domestic, industrial, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, and any other beneficial purposes, to be used on or off Applicant’s Property. Such water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 9. Description of the Subject Property 5.23 acres of land, more or less, located in Douglas County, and generally described as follows: A 5.23-acre tract of land situated in the SE1/4 of the SW1/4 of Section 3, Township 8 South, Range 67 West of the 6th P.M. See General Location Map, Exhibit A, and Legal Description, Exhibit B. 10. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S. 11. Name of Owner of the Land on Which Structures are Located: The owner of the Subject Property described herein is the Applicant herein, Epiphany Evangelical Lutheran Church. 12. Remarks: Applicant requests: A. The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; B. The right to revise the above estimate of the average annual amount available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same; C. A quantification and adjudication of the ground water rights in each aquifer named herein to which Applicant is entitled to develop and use; and D. A confirmation of the right to use, reuse, successively use, and otherwise dispose of all nontributary ground water, after relinquishment of 2% thereof, and all not-nontributary ground water, after lawful compensation for modeled stream depletions. 13. Retained Jurisdiction: A. Applicant requests the Court to retain jurisdiction for a period to be determined at the entry of the decree (1) to protect against injury to other water rights; (2) to resolve any controversy which may arise with respect to well construction or well location(s); and (3) to allow Applicant to file a separate application for the recapture and

reuse of its return flows of reusable nontributary or fully augmented not nontributary ground water. B. Applicant requests that any party or entity invoking such retained jurisdiction must make a prima facie case that injury to its water rights has been actually caused by Applicant's ground water withdrawals. WHEREFORE, Applicant Epiphany Evangelical Lutheran Church requests this Court enter a ruling and decree, finding substantially as follows: 1. The ground water rights claimed herein are final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 2. Applicant has complied with § 37-90-137(4), C.R.S., and water is legally available for withdrawal from the nontributary Arapahoe and Laramie-Fox Hills aquifers, and from the not nontributary Lower Dawson and Denver aquifers after judicial approval of a augmentation plan to replace stream depletions caused by pumping from such aquifers, through wells to be located on the Applicant's Property; 3. Jurisdiction is to be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant’s Property, pursuant to § 37-92-305(11), C.R.S.; 4. Applicant or its successors may construct wells into each aquifer anywhere on Applicant’s Property, pursuant to the ruling and decree to be entered in this matter, and without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded. All statutory well spacing requirements are waived with respect to the wells to be constructed on Applicant’s Property; 5. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; provided that no withdrawals of not-nontributary ground water will be made except pursuant to a court approved augmentation plan; 6. In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein, including such ground water designated as not-nontributary; 7. The nature and extent of the water rights claimed herein are defined by §§ 37-90-137(4) and (9), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown at Exhibit A and described at Exhibit B hereto; and 8. If the well permit for any well authorized by the decree to be entered in this matter expires, Applicant or its successors may apply for a new well permit for such well or wells, and the State Engineer shall grant such permit(s) pursuant to the terms of the decree in this case. FURTHER, Applicant requests this Court grant such other relief as the Court deems proper in the premises. 07CW28 LITTLE THOMPSON WATER DISTRICT, c/o Erik A. Anglund, Water Resource Engineer, 835 East Highway 56, Berthoud, CO 80513; Attorney: Carlson, Hammond & Paddock, LLC, Lee H. Johnson, Amy N. Huff, 1700 Lincoln Street, Suite 3900, Denver, CO 80203. Application for a Finding of Reasonable Diligence in LARIMER COUNTY. 1. Structure Name: Arkins Buckhorn Pumping Station Water Right. By this Application, Little Thompson seeks a judicial finding of reasonable diligence for the Arkins Buckhorn Pumping Station water right, which was conditionally decreed in Case No. 84CW417, and maintained in Cases No. 93CW129 and 00CW56. 2. Description of Arkins Buckhorn Pumping Station Water Right. A. Original Decree: October 1, 1987, Case No. 84CW417, Water Court, Division No. 1, State of Colorado. B. Legal Description of Structure: SW1/4NE1/4 of Section 15, T6N, R70W of the 6th P.M., Larimer County. Considering the east line of the NE1/4 as bearing due north, the pumping plant is at a point N 85º W 2107.53' from the E1/4 corner of Section 15. C. Source: Buckhorn Creek. D. Appropriation Date: October 25, 1984. E. Amount: 0.22 c.f.s. (100 g.p.m.), Conditional. F. Use: Municipal. 3. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. a. Little Thompson is a user-owned, not for profit, Title 32 Special District public utility with customers in Larimer, Weld, and Boulder Counties, in the State of Colorado. It owns and operates a water system within its service area. Little Thompson acquired the Arkins Buckhorn Pumping Station water right in 1999, when Little Thompson assumed water service responsibilities for the Arkins Water Association. This water right, which was conditionally

decreed in Case No. 84CW417, and maintained as a conditional water right in Cases No. 93CW129 and 00CW56, has become a part of Little Thompson’s Water Supply System, an integrated system under § 37-92-301(4)(b), C.R.S. b. Since acquiring the Arkins Buckhorn Pumping Station water right, Little Thompson has modified its water service operations to incorporate the Arkins Buckhorn Pumping Station water right. Little Thompson historically used and currently uses only transmountain sources of water to serve its customers, but since obtaining the Arkins Buckhorn Pumping Station water right, Little Thompson has revised its raw water dedication policy to allow for native water rights, such as the Arkins Buckhorn Pumping Station water right. Little Thompson is currently evaluating the use of satellite water treatment plants along with having the existing one centralized treatment facility. This is relevant to the Arkins Buckhorn Pumping Station water right because the Arkins Buckhorn Pumping Station has been determined to be a viable location for a new satellite treatment plant that would be used to incorporate future native water supplies, including the Arkins Buckhorn Pumping Station water right. Little Thompson’s intent to use the Arkins Buckhorn Pumping Station in this manner is codified in Little Thompson’s Master Plan, which identifies sources of water and methods of treatment and delivery. c. During this diligence period, Little Thompson has continued the development and expansion of its water supply system, which is an integrated system under § 37-92-301(4)(b), C.R.S. Activities have included, among other things, the investigation and evaluation of various native water supplies, the assessment of a new microfiltration treatment technology that would enable Little Thompson to incorporate and treat native water rights, the acquisition of water rights, the filing and prosecuting Water Court applications, and the participation in Water Court cases for purposes of protecting, maintaining and developing Little Thompson’s Water Supply System. Expenses associated with these activities have been incurred during the diligence period. d. In response to the increased demand for water within Little Thompson’s service area, during the diligence period, Little Thompson acquired additional Colorado-Big Thompson project water and native water supplies, and constructed both a new water treatment plant to help meet the growing demand within Little Thompson’s service area, and a new reservoir-Dry Creek Reservoir-to protect Little Thompson’s water supply and provide for emergency drought relief. e. Little Thompson has also evaluated, and is continually evaluating, alternative water supplies, more efficient means to obtain delivery of water, and ways to improve the use of native water rights. To that end, Little Thompson has participated in several regional water supply projects including the Northern Integrated Supply Project, the Southern Water Supply Pipeline 2 Project, the Windy Gap Firming Project, the Bayshore raw water irrigation/reuse project, and the Knoth Reservoir Project. f. Also during the diligence period, Little Thompson developed a vulnerability assessment and an emergency response plan to better protect the District’s facilities and water rights. g. Little Thompson has expended countless hours working on the projects set forth above, and has invested over $41,598,00.00 during the diligence period to support its research, evaluation, development, and acquisition of water rights and water right related matters. Specifically, Little Thompson spent: $23,498,416.66 in its acquisition of new water rights; $6,042,924.45 in developing the microfiltration treatment plant; $11,357,130.15 to construct Dry Creek Reservoir; $14,714.17 on the Knoth Reservoir Project; $51,920.33 on the Southern Water Supply Pipeline 2 Project; $497,000.00 on the Northern Integrated Supply Project; and $82,593.75 in legal fees and engineering costs in the protection, acquisition, and development of its water rights. WHEREFORE, Little Thompson requests the Court to enter a ruling and decree that finds that Little Thompson has exercised reasonable diligence in the development of the Arkins Buckhorn Pumping Station water right that was conditionally decreed in Case No. 84CW417, and maintained in Cases No. 93CW129 and 00CW56, and provides that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence in this matter. 07CW29 RITCHEY LAND & CATTLE % Grant Ritchey, 13408 WCR 43, Hudson, CO 80642. Telephone: (303) 419-5031. APPLICATION FOR WATER RIGHTS (SURFACE) IN WELD COUNTY. Name of structure: Beebe Draw Ditch, Beebe Draw Alluvial Aquifer located

SE1/4, SW1/4, S27. T3N, R65W of the 6th PM at a distance zero feet from the south and 2640 feet from the west. Street address: 13408 WCR 43. Source: Tributary. Date of initiation of appropriation: 02/23/06. How appropriation was initiated: Filing with Clerk and Recorder. Date water applied to beneficial use: 03/20/1964, 06/01/1947, recharge of wells. Amount claimed: Total yield of system, absolute/conditional. Use: Storage, recreation, irrigation, recharge. Number of acres historically irrigated: 320 acres; proposed to be irrigated: 320 acres. Non-irrigation purpose: May be used for storage, recreation, recharge wells and augmentation. 07CW30 THE CONSOLIDATED MUTUAL WATER COMPANY, 12700 West 27th Avenue, P.O. Box 150068, Lakewood, CO 80215, (303) 238-0451, through their attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Carmen S. Hall, Atty. Reg. #19985, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR CHANGE OF WATER RIGHTS, IN ADAMS AND WELD COUNTIES. 2.Decree Information: Decreed on August 5, 2000, in Case No. 97CW390, District Court, Water Division 1. The applicant was Asphalt Paving, Inc. (“API”). The Consolidated Mutual Water Company purchased the reservoir and conditional water right from API. 3. Name of structure: Perry Pit East Reservoir (formerly known as Wattenburg Reservoir) 4. Legal Description of Structure: The structure is located in the NE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M. and the NW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. The approximate centroid of the Perry Pit East Reservoir is in Section 25, Township 1 North, Range 67 West of the 6th P.M., 862 feet south of the north section line and 78 feet west of the east section line of said Section 25. 5. Decreed Location of Points of Diversion: a. Wattenburg Reservoir Pump Station: On the west bank of the South Platte River in the NW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. The approximate location of the point of diversion is 1,075 feet east of the west section line and 875 feet south of the north section line of said Section 30. b. Brighton Ditch Headgate: The Brighton Ditch headgate is located on the west bank of the South Platte River in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. c. Point of Diversion of Slough Ditch No. 1: In the NE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, approximately 350 feet west of the east line and 1,545 feet south of the north line of said section. d. Point of Diversion of Slough Ditch No. 2: In the NE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, approximately 2,462 feet from the east line and 2,670 feet from the south line of said section. 6. Source of water: a. For the Wattenburg Reservoir Pump Station and the Brighton Ditch: South Platte River. b. For Slough Ditch No. 1 and Slough Ditch No. 2: Wastewater, seepage, drainage water and overland flow. 7. Date of appropriation: December 31, 1997. 8. Amount of water claimed: 1,400 acre feet active capacity (Conditional), at rates as follows: a. Wattenburg Reservoir Pump Station: 30 cfs. b. From the Brighton Ditch: 60 cfs. c. From the Slough Ditch No. 1: 5 cfs. d. From the Slough Ditch No. 2: 3 cfs. 9. Uses: Augmentation, including replacement of evaporation from gravel pits owned or operated by Applicant [API], irrigation, industrial use in gravel mining operations owned or operated by Applicant [API]; on-site recreation, fish propagation, wildlife habitat, and dust suppression; and replacement and exchange for the above-referenced uses. Any augmentation or replacement use may only occur under a separate decreed augmentation plan or State Engineer approved substitute supply plan. Any exchange of water released from the Perry Pit East Reservoir must be approved by the State Engineer, the Division Engineer or their employees or agents. Lands to be irrigated directly are 40 acres in the NE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. 10. Proposed change: Three wells were drilled to divert water from the South Platte River at locations that vary slightly from the decreed location of the Wattenburg Reservoir Pump Station. This application seeks to conform to the locations of actual construction by authorizing use of the three wells as alternate points of

diversion for the conditional storage right. Consolidated does not seek to enlarge, expand or increase the decreed quantity of water which may be applied to beneficial use, nor to change the character, purpose or place of use of the subject water right. The three wells operate as the Wattenburg Reservoir Pump Station was originally intended. The wells are shown on the map attached hereto as Exhibit A. The source of water for the wells remains the South Platte River. The existing decreed points of diversion are unaffected by this application. The locations of the alternate points of diversion for the Wattenburg Reservoir Pump Station are: a. Well No. 1 (Permit No. 62953-F): West bank of the South Platte River in the NW1/4 NW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 120 feet south of the north line and 975 feet east of the west line of said section. b. Well No. 2 (Permit No. 62954-F): West bank of the South Platte River in the NW1/4 NW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 445 feet south of the north line and 1040 feet east of the west line of said section. C. Well No. 3 (Permit No. 62955-F): West bank of the South Platte River in the NW1/4 NW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 710 feet south of the north line and 920 feet east of the west line of said section. Each well will have a rate of flow of 5 cfs (15 cfs combined). 07CW31 Robert T. Bates and Diana Horner Bates, 22401 Pleasant Park Road, Conifer, Colorado 80433, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT IN JEFFERSON AND PARK COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Bates Well No. 1 (Permit No. 241711). 2. Legal Description of the Wells: The Bates Well No. 1 is located in the NW1/4 NW1/4 of Section 29, Township 6 South, Range 70 West, 6th P.M., Jefferson County, at a point approximately 100 feet from the North Section line and 300 feet from the West Section line of said Section 29. 3.A. Source of Water: Ground water that is tributary to Deer Creek and the South Platte River. 3.B. Depth of Well: 1,102 feet. Date of Appropriation: June 17, 2002. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and construction of the well. 4.C. Date Water Applied to Beneficial Use: September 5, 2003. 5. Amounts Claimed: 4.7 gallons per minute, Absolute, and 10.3 gallons per minute, Conditional. 6. Uses: Domestic and ordinary household purposes, the watering of livestock and fire protection. 7. Names and Address of Owners of Land on which the Well is Located: Robert T. Bates and Diana Horner Bates, as described above. 8. Remarks: The Permit for the Bates Well No. 1 was originally issued pursuant to C.R.S. §37-92-602. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 241711 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: Bates Well No. 1. A second well may also be constructed under this augmentation plan to serve the stable referenced herein. 2. Water Rights to be Used for Augmentation Purposes. a. Robert T. Bates and Diana Horner Bates (the “Bates”), have entered into a contract with North Fork Associates, LLC to purchase 3.3 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 3.3 shares represent the right to receive 0.104 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Nickerson Ditch water rights"), portions of which will be used to replace the out-of-priority depletions from the wells described herein. The Nickerson Ditch water rights have a priority date of May 1, 1867 and were decreed in the

original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No. 1678. Historically, the Nickerson Ditch water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW1/4 SE1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County. Such diversions no longer occur. The terms and conditions under which the Nickerson Ditch water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2000CW174 for more detailed information. c. Consumable water stored in Maddox Reservoir and/or the Lower Sacramento Creek Reservoir No. 1 will be released to the stream system when the Nickerson Ditch water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is located in the NE1/4 NW1/4 of Section 32 and the SE1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W-7741-74 for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries. Maddox Reservoir is located in the NE1/4 SW1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The Bates own a tract of land consisting of approximately 25 acres that is located in the SW1/4 SW1/4 of Section 20 and the NW1/4 NW1/4 of Section 29, Township 6 South, Range 70 West, 6th P.M., Jefferson County. The property is depicted on the attached Exhibit "A." The water supply for the property is currently obtained from the Bates Well No. 1. As described above, a second well may be constructed in the future if production from the Bates Well No. 1 ever becomes insufficient to satisfy the water requirements described herein. b. Wastewater from all in-building uses of water is treated utilizing a non-evaporative septic system with a soil absorption leach field. Return flows are to an unnamed tributary of the North Fork of Deer Creek. c. Based on engineering studies, it is assumed that the maximum average occupancy for the existing single family residence on the property will be 3.5 persons and that the per capita daily water usage will not exceed 80 gallons. The augmentation plan will also cover the watering of six horses and the domestic use of water inside a stable that has a bathroom. The domestic use of water in the stable is estimated not to exceed an average of 11 gallons per day. Water requirements for horses are assumed to be 10 gallons per animal per day. The total volume of water to be diverted under this augmentation plant is projected to be approximately 0.39 of an acre foot per year. d. Depletions associated with water that is used inside the single family residence and for domestic purposes inside the stable will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Maximum stream depletions, including any applicable stream transportation charges, are not anticipated to exceed 0.104 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April 23 through October 31, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Nickerson Ditch water rights. During times when the Nickerson Ditch water rights are not in priority and during the non irrigation season, depletions will be augmented by releasing water from Maddox Reservoir or the Lower Sacramento Creek Reservoir No. 1. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the wells described herein, will be computed on the basis of 0.13 percent per mile. g. Since the point of depletion associated with water use under this plan for augmentation is on a side tributary of the South Platte River, the Bates assert an appropriative right of substitute

supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). Water released from the MMRC facilities described herein will be carried in the stream channel to the confluence of Deer Creek and the South Platte River, located in the SE1/4 NE1/4 of Section 11, Township 6 South, Range 69 West, 6th P.M. From there, the water will be exchanged up Deer Creek to the confluence of Deer Creek and the North Fork of Deer Creek in the SE1/4 SE1/4 of Section 11, Township 6 South, Range 70 West, 6th P.M.; thence up the North Fork of Deer Creek to its confluence with an unnamed tributary in the NW1/4 SE1/4 of Section 20, Township 6 South, Range 70 West, 6th P.M.; and thence up the unnamed tributary to the point of depletion in the NW1/4 NW1/4 of Section 20, Township 6 South, Range 70 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in the North Fork of Deer Creek, Deer Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of February 27, 2007, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Address of Owners of Land on which New Structures will be Located: Structure described in Paragraph No. 1. Robert T. Bates and Diana Horner Bates, as described above. WHEREFORE, the Bates request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Bates also request a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Bates further request the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (6 pages and one exhibit). 07CW32 Gregg D. Sutherland and Donna M. Sutherland, 16698 West First Avenue, Golden, Colorado 80401, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR WATER STORAGE RIGHT, UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT IN PARK COUNTY. APPLICATION FOR WATER STORAGE RIGHT: 1. Name of Reservoir: Sutherland Reservoir. 2..Legal Description of Location of Dam: The center of the dam embankment is located in the NW1/4 NE1/4 of Section 15, Township 9 South, Range 74 West, 6th P.M., Park County, at a point that is approximately 1,100 feet from the North section line and 2,450 feet from the East section line of said Section 15. This is an on-stream reservoir. 3. Source; Old House Creek. 4.A. Date of Appropriation: August 1, 1994. 4.B. How Appropriation was Initiated: By construction. 4.C. Date Water Applied to Beneficial Use: November 19, 1994. 5. Amount Claimed: 0.75 of an acre foot. 6. Uses. Recreational, piscatorial, wildlife propagation and fire protection purposes. 6.A. Total Number of Acres Irrigated or Proposed to be Irrigated and Legal Description: N/A. 7. Surface Area of High Water Line: 0.19 of an acre. 7.A. Maximum Height of Dam: 9 feet. 7B. Length of Dam: 70 feet. 8. Total Capacity of Reservoir: 0.75 of an acre foot. 8.A. Active Capacity: 0.75 of an acre foot. 8.B. Dead Storage: 0 acre feet. 9. Names and address of owners of land on which the dam is located and land within the high water line: Gregg D. Sutherland and Donna M. Sutherland, as described above. 10. Remarks or Other Pertinent Information: A map illustrating the location of the Sutherland Reservoir is attached as Exhibit “A.” APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Sutherland Well No. 1 (Permit No. 135654). 2. Legal Descriptions of the Well: The Well is located in the NW1/4 NE 1/4 of Section 15, Township 9 South, Range 74 West, 6th P.M., Park County, at a point approximately 1,155 feet from the North Section line and 2,145 feet from the East Section line of said Section 15. It can also be described as being located on Lot 17 of the House Creek Subdivision, with a street address of 46 Old House Court, Jefferson, Colorado. 3.A. Source of Water: Ground water that is tributary to Old House Creek. 3.B. Depth of Well: 153 feet. 4.A.

Date of Appropriation: June 4, 1984. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and construction of the well. 4.C. Date Water Applied to Beneficial Use: November 20, 1984. 5. Amount Claimed: 4 gallons per minute, Absolute, and 11 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling, the irrigation of lawns and gardens, stock watering and fire protection purposes. 6.A. Area of Lawns and Gardens Irrigated: 0.3 of an acre. 7. Names and Address of Owners of Land on which the Well is Located: Gregg D. Sutherland and Donna M. Sutherland, as described above. 8. Remarks or Other Pertinent Information: The well is exempt from administration by the State Engineer pursuant to C.R.S. §37-92-602. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structure to be Augmented: Sutherland Reservoir. 2. Water Rights to be Used for Augmentation Purposes: a. Gregg D. Sutherland and Donna M. Sutherland (the “Sutherlands”), have entered into a contract with North Fork Associates, LLC to purchase 4.4 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 4.4 shares represent the right to receive 0.139 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Nickerson Ditch water rights"), portions of which will be used to replace the out-of-priority evaporation losses from the Sutherland Reservoir. The Nickerson Ditch water rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No. 1678. Historically, the Nickerson Ditch water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW1/4 SE1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County. Such diversions no longer occur. The terms and conditions under which the Nickerson Ditch water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2000CW174 for more detailed information. c. Consumable water stored in Maddox Reservoir and/or the Lower Sacramento Creek Reservoir No. 1 will be released to the stream system when the Nickerson Ditch water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is located in the NE1/4 NW1/4 of Section 32 and the SE1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W-7741-74 for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries. Maddox Reservoir is located in the NE1/4 SW1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The Sutherlands are the owners of Lot 17 of the House Creek Subdivision. The property consists of approximately 37 acres that is located in the NW1/4 NE1/4 of Section 15, Township 9 South, Range 74 West, 6th P.M., Park County and is depicted on the attached Exhibit "A." b. Sutherland Reservoir is located on Old House Creek. Water continuously flows through the structure. Other than evaporation losses from the open water surface, there is no consumptive use of water that is stored in the Reservoir. c. The Sutherlands desire to maintain a constant level of water in the Reservoir. This plan for augmentation has been developed to replace depletions associated with those evaporative losses from the open water surface of the Reservoir that exceed the losses which occurred from the site upon which the structure is located under historic conditions. d. Sutherland Reservoir was constructed in an area that historically contained wetland vegetation. Due to the elevation of the Reservoir (approximately 9,200 feet), the surface is iced over for extended periods each year. There are no evaporation losses when the Reservoir is iced over. An engineering analysis

completed for the Sutherlands has determined that depletions to Old House Creek attributable to evaporation losses that exceed water consumption from the storage site under pre-existing conditions will average approximately 0.133 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Whenever possible, depletions to the stream system which occur during the period April 23 through October 31, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Nickerson Ditch water rights. During times when the Nickerson Ditch water rights are not in priority and during the non irrigation season, depletions will be augmented by releasing water from Maddox Reservoir or the Lower Sacramento Creek Reservoir No. 1. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the Reservoir, will be computed on the basis of 0.13 percent per mile. f. Since the point of depletion associated with evaporation losses from the Sutherland Reservoir are on a side tributary of the South Platte River, the Sutherlands assert an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). Water released from the MMRC facilities on the North Fork of the South Platte River described herein will be carried in the stream channel to the confluence of the North Fork and the South Platte River located in the SW1/4 SE1/4 of Section 25, Township 7 South, Range 70 West, 6th P.M. From there, the water will be exchanged up the South Platte River to the confluence of the South Platte River and Tarryall Creek in the NE1/4 NW1/4 of Section 16, Township 11 South, Range 71 West, 6th P.M.; thence up Tarryall Creek to its confluence with Old House Creek in the SW1/4 SE1/4 of Section 16, Township 9 South, Range 74 West, 6th P.M.; and thence up Old House Creek to the point of depletion in the NW1/4 NE1/4 of Section 15, Township 9 South, Range 74 West, 6th P.M. If water is released from the Lower Sacramento Creek Reservoir No. 1, the water will be conveyed in Sacramento Creek, the Middle Fork of the South Platte River and the South Platte River to the confluence of the South Platte River and Tarryall Creek; and thence up Tarryall Creek and Old House Creek as above described. The exchange will operate to replace depletions to the flow of water in Old House Creek, Tarryall Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of February 27, 2007, at a maximum flow rate of 0.002 of a cubic foot per second. 4. Name and Address of Owner of Land on which New Structures will be Located: N/A. WHEREFORE, the Sutherlands request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. (7 pages and one exhibit). 07CW33 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: CHERRY CREEK PROJECT WATER AUTHORITY, IN DOUGLAS COUNTY, COLORADO. APPLICATION FOR UNDERGROUND WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION. 1. Name, address, and telephone number of applicant: Cherry Creek Project Water Authority. c/o Pat Mulhern, Mulhern MRE, Inc., 2 Inverness Drive East, Suite 200, Englewood, CO 80112. Telephone: 303-649-9857. Please address all pleadings and correspondence to: Robert V. Trout, and Gabriel Racz, Trout, Raley Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203. Telephone: 303-861-1963. E-mail: rtrout@troutlaw.com. gracz@troutlaw.com. I. Application for Underground Water Right. 2. Name of well. Walker Pit. The Walker Pit is a former sand and gravel mine that exposes approximately 21 acres of ground water to the surface. 3. Legal description of well: The Walker Pit is located in the N1/2 of Section 34, T7S, R66W, 6th P.M., Douglas County, Colorado. 4. A. Source: Cherry Creek alluvial aquifer. B. Depth: N/A. 5. A. Date of appropriation: October 19, 1980. B. How appropriation was initiated: Construction of the gravel pit commenced no later than October 19, 1980, as evidenced by aerial

photography. C. Date water was applied to beneficial use: October 19, 1980. 6. Amount claimed: 87.11 gpm (0.194 cfs) absolute, based on the highest monthly average evaporation from the exposed surface. 7. Proposed use: Evaporation of up to 21 acres of exposed surface area as a result of surface mining activities, of which 1.98 acres were exposed prior to 1981. Any plan for augmentation does not require replacement of depletions from evaporation of ground water exposed to the atmosphere prior to 1 January 1981. Colo. Rev. Stat. § 37-90-137(11)(b). 8. Name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: No new diversion or storage structures, or modifications to any existing diversion or storage structures will be constructed. Cherry Creek Project Water Authority (see address in paragraph 1 above) owns the parcel on which the Walker Pit is located. II. Application for Approval of Plan for Augmentation 9. Name of structure to be augmented: Walker Pit. No other water rights are diverted from this structure. 10. Previous decrees for water rights to be used for augmentation: A. Franktown LDA-1 well. i. Permit Number: 59470-F. ii. Decrees: Case Nos. 84CW128 and 86CW205, District Court for Water Division No. 1. iii. Dates of original decrees: 30 August 1985 (84CW128) and 14 December 1988 (86CW205); date of amended decree: 22 January 2003 (86CW205). iv. Type of water right: nontributary groundwater. v. Legal description of point of diversion: Located in Douglas County, Colorado, in the SE1/4 of the SW1/4, Sec. 22, T7S, R66W of the 6th P.M., 550 feet from the South section line, 2500 feet from the West section line. vi. Source: Nontributary groundwater contained in the Lower Dawson-Arkose aquifer. vii. Amount: 78.9 acre-feet per year average annual amount of withdrawal. viii. Decreed uses: All municipal purposes including domestic, agricultural, industrial, commercial, irrigation, stock watering, recreation, fish and wildlife, and fire protection uses. Water may be produced for immediate application to beneficial use, for storage and subsequent application to beneficial use, for exchange purposes, for relinquishment to the stream pursuant to C.R.S. § 37-90-137(9)(b), for replacement of depletions resulting from the use of water from other sources, and for all other augmentation purposes, including augmentation of not nontributary ground water diversions. ix. Historic use: n/a. B. McLain A-1 well. i. Permit Number: 58986-F. ii. Decrees: Case Nos. 94CW065 and 93CW093, District Court for Water Division No. 1. iii. Dates of original decrees: 21 March 1995 (94CW065) and 5 May 2005 (93CW093). iv. Type of water rights: nontributary groundwater. v. Legal description of point of diversion: Located in Douglas County, Colorado, in the SE1/4 of the SE1/4, Sec. 3, T8S, R66W of the 6th P.M., 50 feet from the South section line, 730 feet from the East section line. vi. Source: Nontributary groundwater from the Arapahoe aquifer. vii. Amount: Under Case No. 94CW065, an average of 488 acre-feet of water per year may be withdrawn. In addition, under case number 93CW093, an additional 381 acre-feet of water may be withdrawn, for a total average annual amount of 889 acre-feet or water per year. viii. Decreed uses: All beneficial uses, including but not limited to irrigation, municipal, domestic, commercial, industrial, recreation, stock watering, piscatorial, fire protection, fish and wildlife, augmentation, and exchange; including the right to use, re-use and successively use directly, by exchange, by augmentation, or by sale or lease to extinction. ix. Historic use: n/a. 11. Statement of plan for augmentation. The Applicant seeks approval of a plan for augmentation for the Walker Pit, a gravel pit located adjacent to Cherry Creek on property owned by the Applicant. Mining and reclamation have been completed at the Walker Pit. The only current water use at the site is the evaporation from the lake created as a result of historic mining below the water table. Up to 21 acres are exposed to the surface at the site, of which 1.98 acres were exposed prior to 1 January 1981. Any plan for augmentation does not require replacement of depletions from evaporation of ground water exposed to the atmosphere prior to 1 January 1981. Colo. Rev. Stat. § 37-90-137(11)(b). The Applicant has been replacing out-of-priority depletions pursuant to a substitute water supply plan (“SWSP”). The most recent SWSP was approved 15 September 2006 and requires the Applicant to file an application for approval of an augmentation plan prior to 1

July 2007. This application was filed in fulfillment of the SWSP requirements. Evaporative depletions to Cherry Creek were calculated based on the net evaporation of the Walker Pit, less a portion of the historical consumptive use of wetlands vegetation located on the site before pond construction. Because the down gradient extent of the Walker Pit is located within 100 feet of Cherry Creek, stream depletions from evaporation at the site are assumed to be instantaneous. Table 1 attached to the Application presents the monthly depletions attributable to the Walker Pit. The Applicant will replace injurious out-of-priority depletions from the evaporation of ground water at the Walker Pit using a combination of the Franktown LDA-1 and McLain A-1 wells. The Franktown LDA-1 well is located approximately two miles downstream of the Walker Pit, and the McLain A-1 well is located approximately one and one-half miles upstream of the Walker Pit. The locations of the Walker Pit, wells, and water rights to be used for augmentation are depicted on Exhibit A attached to the application. Replacements of out-of-priority depletions will be made by direct discharges of water pumped from the wells to Cherry Creek. 12. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: No new diversion or storage structures, or modifications to any existing diversion or storage structures will be constructed. Cherry Creek Project Water Authority (see address in paragraph 1 above) owns the parcel on which the Walker Pit is located. 07CW34 Sugarbush Conifer, LLC, 7475 Dakin Street, Suite 330, Denver, Colorado 80221, and Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Sugarbush Conifer Well Nos. 1-8. 2. Legal Descriptions of the Wells: Pursuant to Policy Memo No. 99-1 of the State Engineer, Sugarbush Conifer, LLC requests conditional underground water rights for the Sugarbush Conifer Well Nos. 1-8. The exact locations of the wells have not yet been determined. However, the wells can generally be described as being in the S1/2 SW1/4 of Section 15, and the N1/2 NW1/4 of Section 22, Township 6 South, Range 71 West, 6th P.M., Jefferson County. 3.A. Source of Water: Ground water that is tributary to North Turkey Creek, Turkey Creek, Bear Creek and the South Platte River. 3.B. Depth of Wells: 800 feet, approximate. Date of Appropriation: February 28, 2007. 4.B. How Appropriation was Initiated: Survey of the property and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: N/A. 5. Amount Claimed: 15 gallons per minute, Conditional, for each well. 6. Uses: Domestic and ordinary household purposes, the watering of livestock and fire protection purposes. 7. Name and Address of Owner of Land on which the Wells will be Located: Sugarbush Conifer, LLC, as described above. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: Sugarbush Conifer Well Nos. 1-8 and Well No. 2-61379. Note: Well No. 2-61379 was decreed by the District Court for Water Division 1 in Case No. W-3011, on August 19, 1974. It appears that the permit for the well was issued pursuant to C.R.S. §37-92-602. Assuming that is the case, upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 61379 be cancelled. 2. Water Rights to be Used for Augmentation Purposes. a. Sugarbush Conifer, LLC. ("Sugarbush"), has entered into a contract to purchase 12.0 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 12.0 shares represent the right to receive 0.377 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for

the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE1/4 NE1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of

substitution and exchange decreed in Case Nos. 94CW290, 2000CW060 and 2001CW293. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. Sugarbush proposes to subdivide a tract of land consisting of approximately 78 acres into seven residential lots. There also may be a community stable. The property is located in the S1/2 SW1/4 of Section 15 and the N1/2 NW1/4 of Section 22, Township 6 South, Range 71 West, 6th P.M., Jefferson County. The property is depicted on the attached Exhibit "A." b. The water supply for the residences and the stable will be obtained from the Sugarbush Conifer Well Nos. 1-8 and Well No. 2-61379. Wastewater from all in-building uses of water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to an unnamed tributary of North Turkey Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the watering of fourteen horses. Water requirements for horses are assumed to be 10 gallons per animal per day. The wells described herein will not be used for irrigation purposes. However, irrigation may occur on selected lots within the subdivision using water decreed to Spring Ditch, the Greenwood Ditch and Greenwood Ditch Extension, Spring Reservoir and Greenwood Reservoir when those water rights are in priority, pursuant to the Decree issued by the District Court for Water Division 1 in Case No. W-3011, dated August 19, 1974. The total volume of water anticipated to be diverted from the subject wells for domestic and stock watering purposes is projected to be approximately 2.4 acre feet per year. d. Depletions associated with water that is used inside the single family residences will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Maximum stream depletions associated with use of the subject wells are not anticipated to exceed 0.377 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. During times when the exchange decreed in Case No. 2001CW293 can be operated, depletions to North Turkey Creek, Turkey Creek and points downstream will be augmented by continuously leaving a portion of MMRC's direct flow water rights in the stream. Periodic releases of water stored in the Soda Lakes Reservoirs may also be exchanged upstream. During times when such exchanges of water cannot be operated, depletions will primarily be augmented by periodically releasing water from Meadowview Reservoir. g. Depletions to Turkey Creek and portions of North Turkey Creek associated with the operation of the above referenced wells are within the exchange reach described in the Decree entered in Case No. 2001CW293. Therefore, no separate exchange priority is required for the operation of this augmentation plan regarding such depletions. However, since depletions will also occur to North Turkey Creek and unnamed tributaries of North Turkey Creek above the point where Meadowview Reservoir water is released to the stream system and water may be exchanged into an on-site storage container, Sugarbush asserts an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Turkey Creek and Bear Creek in the NW1/4 of Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County; thence up Turkey Creek to the confluence of North Turkey Creek and

South Turkey Creek near the North line of the NW1/4 NW1/4 of Section 27, Township 5 South, Range 70 West, 6th P.M.; thence up North Turkey Creek to its confluence with an unnamed tributary in the NW 1/4 NW 1/4 of Section 14, Township 6 South, Range 71 West, 6th P.M.; thence up the unnamed tributary to its confluence with a second unnamed tributary in the NE1/4 SW1/4 of Section 14, Township 6 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the subject wells impact the unnamed tributary in the SW1/4 SE1/4 of Section 15, Township 6 South, Range 71 West, 6th P.M.. The exchange will operate to replace depletions to the flow of water in the unnamed tributaries of North Turkey Creek, North Turkey Creek, Turkey Creek, Bear Creek and the South Platte River as the depletions occur. The exchange may also be used to store water in an on-site reservoir. The exchange will be administered with a priority date of February 28, 2007, at a maximum flow rate of 0.1 of a cubic foot per second. 4. Name and Address of Owner of Land on which any New Structures will be Located: Sugarbush Conifer, LLC, as described above. WHEREFORE, Sugarbush requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Sugarbush also requests a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Sugarbush further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (7 pages and one exhibit). AMENDMENTS 02CW55, PUBLIC SERVICE COMPANY OF COLORADO, D/B/A XCEL ENERGY, Water Resources, 4653 Table Mountain Drive, Golden, Colorado 80403, c/o Brian M. Nazarenus, Carolyn F. Burr, James M. Noble, RYLEY CARLOCK & APPLEWHITE, 1999 Broadway Street, 18th Floor, Denver, Colorado 80202, (303) 863-7500. Application for Change of Water Rights in the South Platte River in ADAMS COUNTY. 2. Explanation of Amendments: Public Service Company of Colorado, d/b/a Xcel Energy (“PSCo”) filed the Application in this matter on March 29, 2002. The Resume publication appeared in the March, 2002 Water Division No. 1 Resume. It has since been discovered that the Application and Resume notice contained typographical errors in the legal description of the points of diversion. The legal descriptions of the structures described in paragraph 2 of the Application erroneously stated that the structures are located in Township 2 South. The correct Township for all of the structures is Township 3 South. 3. The Application is Amended as follows: a.The first two sentences of paragraph 2.1 are replaced with the following: The decreed location of the Gardeners Ditch headgate is: a point on the west bank of the South Platte River located approximately south 2 degrees 15 minutes west a distance of 2,167 feet from the northeast corner of Section 11, Township 3 South, Range 68 West, 6th P.M. The present actual point of diversion is approximately one-half mile further south (upstream) at a point in the NE1/4 of the SE1/4 of Section 11, Township 3 South, Range 68 West, 6th P.M., approximately 4,220 feet from the North section line and 150 feet from the East section line, Adams County, Colorado. b. All references in paragraph 4.1.2 to “Township 2 South” are replaced with “Township 3 South.” 4. Explanation of Legal Description Discrepancy in Paragraphs 2.2 and 2.3: The Application correctly states that the Cherokee Pump Station diversion points A and B are decreed to be located in Township 2 South in the decree entered in Case No. 97CW382. In Case No. 06CW230, which is an application for reasonable diligence for the conditional water right decreed in Case No. 97CW382, this legal description will be corrected to reflect that the intended locations are in Township 3 South. 5. Remainder of Application Unchanged. The remainder of the Application is unchanged by this Amended Application.

03CW404. Union Ditch Company, P. O. Box 445, Greeley, Colorado 80632, (970) 353-1292. (James A. Gustafson, 1010 Ninth Avenue, P. O. Box 1417, Greeley, Colorado 80632, (970) 356-8200). Third Amended Application For Change of Water Rights, Application For New Water Right and Approval of Plan For Augmentation in WELD COUNTY. 1. Name, mailing address, telephone number of applicant: Union Ditch Company, P. O. Box 445, Greeley, Colorado 80632, (970) 353-1292; Union Well Augmentation Group, Ltd., 1135 Eighth Avenue, Suite B, Greeley, Colorado 80631, (970) 353-6121. All future correspondence and pleadings to: James A. Gustafson, Esq., P. O. Box 1417, Greeley, Colorado 80632. 2. Purposes of Application: Co-Applicant, Union Ditch Company, is a non-profit mutual irrigation company organized pursuant to §7-42-101, et seq., Colorado Revised Statutes. Co-Applicant, Union Well Augmentation Group, Ltd. (UWAG), are well owners under or in the vicinity of the Union Ditch system. Hereinafter, Union Ditch Company and UWAG will be referred to as Union or applicant. The purpose of this Application is: (a) To obtain a new water right for augmentation, replacement, exchange, storage, and/or recharge purposes; (b) To change the use of certain water rights that applicant owns or has the right to use that are currently decreed for irrigation to allow said water to also be used for augmentation, replacement exchange, storage, recharge and substitute water supply purposes, either directly or following storage; (c) To provide the ability to use recharge locations where water rights and the changed water rights can be delivered and used for storage and recharge purposes; (d) To adjudicate a plan for augmentation that uses the net consumptive use of water associated with the water rights to be changed herein, as well as other water rights to which applicant is entitled, either on a direct flow or release from storage basis, to replace out-of-priority depletions associated with well pumping from wells described hereinafter and/or to replace historical return flows from the changed water rights or additional water rights, to the extent necessary to prevent legal injury to other water rights; (e) To provide for the inclusion of additional replacement water, including that provided by retiming wells, augmentation wells, by-passed senior water rights, leased water rights, excess augmentation credits obtained by augmentation plans of The Lower Latham Reservoir Company, The New Cache La Poudre Irrigating Company and The Ogilvy Ditch Company, or any other entity with water sources available, and use of other structures or water rights which applicant obtains the right to use in the future and which are legally available for augmentation use, into the plan for augmentation applied for herein; (f) To change the use of Union Ditch Company, Union Reservoir Company and Greeley Irrigation Company water rights of well users under this plan of augmentation and the points of diversion of water rights to allow for storage or for delivery to recharge sites for augmentation when said water is available for said use; (g) To provide for the temporary dry-up of irrigated ground of well users under the plan of augmentation if insufficient replacement water is available. CLAIM NO. 1, CHANGE OF WATER RIGHTS, (Union Reservoir Water). 1. Name of Water Rights For Which Change is Sought: (a) Union Reservoir. The applicant seeks to change 5.75 shares in the storage rights decreed to Union Reservoir, a storage reservoir sometimes known as Calkins Lake. Union Reservoir is owned by the Union Reservoir Company, a non-profit mutual reservoir company, incorporated in Colorado. Union Reservoir is located in portions of Sections Thirty (30), Thirty-One (31), and Thirty-Two (32), Township Three (3) North, Range Sixty-Eight (68) West of the 6th P.M., and Sections Five (5) and Six (6), Township Two (2) North, Range Sixty-Eight (68) West of the 6th P.M., Weld County, Colorado. The feeders of Union Reservoir are the Oligarchy Ditch, which diverts water from St. Vrain Creek, and a ditch from Spring Gulch, which collects drainage water and discharges into St. Vrain Creek. The Oligarchy Ditch headgate is located on St. Vrain Creek in the Northeast Quarter (NE1/4) of Section Twenty-Seven (27), Township Three (3) North, Range Seventy (70) West of the 6th P.M., Boulder County, Colorado, at a point whence the East Quarter Corner (E1/4 Cor) of said Section Twenty-Seven (27) bears South 27º26' East a distance of 560 feet, more or less; the East line of the Northeast Quarter (NE1/4) of said Section Twenty-Seven (27) as bearing North 00º32' 42" West with all bearings relative thereto. The head of the ditch

from Spring Gulch is located in Weld County, Colorado, at a point whence the Southwest Corner (SW Cor) of Section Thirty-One (31), Township Three (3) North, Range Sixty-Eight (68) West of the 6th P.M. bears South 12º West a distance of 800 feet. The outlet of Union Reservoir is on Spring Gulch near its confluence with St. Vrain Creek. (See attached Map A.) (b) Existing Decrees. Union Reservoir has the following absolute storage right decreed to it: Case No. CA 4790. Adjudication date: 3/13/1907. Appropriation date: 10/6/1902. Amount: 13,219 acre feet. Case No. W-7486. Adjudication date: 3/11/1977. Appropriation date: 5/1/1973. Amount: 5,879 acre feet. The above water rights are currently adjudicated for agricultural purposes (irrigation). The water rights decreed in Case No. CA 4790 are sometimes referred to herein as the Senior Union Decree. The water right decreed in Case No. W-7486 is sometimes referred to herein as the Refill Decree. The Senior Union Decree and the Refill Decrees are sometimes collectively referred to as the Reservoir Rights. (c) Shares to be Changed: As of December 28, 2006, Union Ditch Company owns 5.75 shares out of the total 250 issued and outstanding shares of capital stock of the company. Applicant seeks to change the use of these shares as stated herein. (d) Water from the 5.75 shares of Union Reservoir has historically been used as supplemental irrigation water to irrigate lands below the Union Ditch. Because these rights have been historically used for supplemental irrigation water, historical use did not fall into any uniform pattern and varied from year to year depending on cropping patterns, weather conditions, and availability of other sources of water. Applicant will quantify a representative pattern of historical use and will maintain return flow replacement obligations, as necessary, to prevent injury to other water rights by releasing water to the South Platte River from any or all of the augmentation sources identified herein. (e) The above water rights were originally adjudicated for agricultural purposes, but all 250 shares in the Union Reservoir Company, including the 5.75 shares owned by applicant, were changed to augmentation, replacement, exchange, municipal and other uses by the City of Longmont in Case No. 87 CW 222. It was decreed in Case No. 87 CW 222 that average annual releases from the Union Reservoir to the St. Vrain Creek over a representative study period (1929 through 1972) were 3,827 acre feet (15.3 acre feet per share) and that the historical use of the shares resulted in an average consumptive use of 50% of the reservoir releases and the remaining 50% of the releases are attributable to return flows and ditch losses. 2. Proposed Change. Applicant seeks to change the use of the 5.75 shares to include augmentation, replacement, exchange for use by applicant as provided herein, as well as the decreed changes in Case No. 87 CW 222, with the right to the totally consumable portion of the water, either by first use, successive use, or disposition. Since the historical use of the shares and the terms and conditions for the use of the shares for augmentation, replacement and exchange have already been decreed in Case No. 87 CW 222, applicant is merely seeking Court confirmation of its right to make such uses itself. 3. Proposed Plan of Operation. This combined Application For Change of Water Right, For a Junior Water Right and Approval of a Plan For Augmentation will obtain the necessary Water Court approval for an integrated water supply plan which will provide a source of augmentation water for the wells listed herein. 4. The Name and Address of Owner of Structures. The Union Reservoir is owned by Union Reservoir Company, c/o Donna Coble, Secretary, 1025 Ninth Avenue, #309, Greeley, Colorado 80631. CLAIM NO 2, APPLICATION FOR DIRECT FLOW AND STORAGE WATER RIGHTS. 1. Name of Structure: Union Ditch. 2. Legal Description of Structure: The headgate of the Union Ditch is located in the Northeast Corner (NE Cor) of Section Eighteen (18), Township Four (4) North, Range Sixty-Six (66) West of the 6th P.M., Weld County, Colorado. 3. Source: Unappropriated water which is tributary to the Union Ditch and the South Platte River. 4. Date of Appropriation: December 19, 2003, by the filing of this water application. 5. How Appropriation Will Be Initiated: Applicant will divert unappropriated water through Union Ditch and deliver it into the recharge or storage pond(s) listed herein when it is available. 6. Amount Claimed: 183 c.f.s. with the right to store and recharge up to 10,000 acre feet per year. 7. Type of Use: Augmentation, replacement, exchange, irrigation, domestic, municipal, commercial, industrial, fire protection, watering of

livestock, recreational, piscatorial, wildlife propagation, storage, and other uses approved by the Court. (a) Place of Use: Weld County. Properties of the well users listed herein under the Union Ditch and Western Mutual Ditch consisting of 2,750 acres. 8. Name and Address of Owner of Land on Which Water May be Stored and Used For Recharge and Augmentation (See attached Map B): Nancy Mercure SE 1/4, NW 1/4 and SW 1/4, NE 1/4, Sec. 5,

Twp. 4 351 17th Street N., Rng. 65 W. of the 6th P.M. Boulder, CO 80645 Raymond Sauer SW 1/4, SW 1/4, Sec. 33, Twp. 5 N., Rng. 65

W. of 1042 22nd Avenue the 6th P.M. Greeley, CO 80631 Harry Strohauer SW 1/4, NE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W.

of 19595 WCR 50 the 6th P.M. LaSalle, CO 80645 Gary Alles SE 1/4, NE 1/4 and NE 1/4, NE 1/4 of Sec. 23,

Twp. 26285 WCR 47 5 N., Rng. 65 W. of the 6th P.M. Greeley, CO 80631 Randy Alles SW 1/4, NE 1/4, Sec. 26, Twp. 5 N., Rng. 65 W.

of 22360 WCR 54 the 6th P.M. LaSalle, CO 80645 John L. Alles NE 1/4, NW 1/4, Sec. 33, Twp. 5 N., Rng. 65

W. of 24708 WCR 41 the 6th P.M. LaSalle, CO 80645 William J. Franklin SW 1/4, SW 1/4, Sec. 27, Twp. 5 N., Rng. 65

W. of 25233 WCR 43 the 6th P.M. Greeley, CO 80631 Lyle and Sandra Dickens SE 1/4, NE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W.

of the 19587 WCR 50 1/2 6th P.M. LaSalle, CO 80645 Miller Feed Lots, Inc. N 1/2, Sec. 1, Twp. 4 N., Rng. 66 W. of the 6th

P.M. P. O. Box 237 LaSalle, Colorado 80645 Mike Boulter Part SW 1/4, Sec. 27, Twp. 5 N., Rng. 65 W. of

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

6th P.M. CLAIM NO. 3, APPLICATION FOR APPROVAL OF AUGMENTATION PLAN. 1. Name of Structures to Be Augmented: Well Owner Permit No Case No WDID T R S q40 q160 Gary Alles 7196 W459 2-5218 5N 65W 23 NW SE

Gary Alles 7226 W1486 2-8232 5N 65W 23 SW NE John L. Alles RF323 W561 2-5225 5N 65W 33 NW NW John L. Alles 10395 W562 2-5223 5N 65W 27 SW NE HJJ Farms 1033 W562 2-5215 5N 65W 33 NW NE HJJ Farms 1034 W562 2-5221 5N 65W 33 SW NW HJJ Farms 12801 W562 2-5224 5N 65W 33 SW NE Randy Alles 16094 W924 2-5220 5N 65W 26 SW NW Rex & Mary Ann Craven 10415 W290 2-6978 4N 65W 4 SW NW Lyle & Sandra Dickens 5846F W180 2-6461 5N 65W 32 SW NE Bill Dumler 12196 W2052 2-5219 5N 65W 27 SW SE William J. Franklin 13151 W2828 2-7101 5N 65W 28 SW SE LeRoy K. Hoff 13033R W4270 2-6596 5N 65W 27 N NE Hoshiko Farms, Inc. 13086F W785 2-5588 5N 65W 23 SW SW Hoshiko Farms, Inc. 5923 W4270 2-5041 5N 65W 23 NW NE Jessie & Bill Kallas 10416 W290 2-6979 4N 65W 4 NW SE G.A. Keiser 13981 W1778 2-6780 5N 65W 33 NW SW G.A. Keiser R53 W696 2-5731 4N 65W 5 NW NE George Maxey R4458 W4323 2-7142 5N 65W 24 NW SE George Maxey 7227 W1486 2-8233 5N 65W 24 SW NW Nancy Mercure 1-7211 W277 2-8049 4N 65W 5 SW NW Nancy Mercure 2-7213 W277 2-8051 4N 65W 5 SE NW Nancy Mercure 2-7210 W277 2-8050 4N 65W 8 SW NW Nancy Mercure 4-4396F W277 2-8053 4N 65W 8 SW NW Nancy Mercure 1-7209 W277 2-8048 4N 65W 8 SW NW Nancy Mercure 3-7212 W277 2-8052 4N 65W 8 NW NW Stephen E. Mokray 04131F W315 2-8600 5N 65W 27 NW NW Janet L. Ream 8641 W640 2-6686 5N 65W 14 SW SE Raymond Sauer 13910 W1603 2-7960 5N 65W 33 SW SW James K. Stewart 948 W3508 2-8202 5N 65W 32 SW SW Harry Strohauer 7225 W2108 2-5443 5N 65W 32 SW SE Harry Strohauer 0170 W3025 2-6178 5N 65W 33 S SE Harry Strohauer NR W3118 2-6376 4N 65W 5 NE SW Janet L. Ream (Ream Pond) NA 2000CW159 NA 5N 65W 14 SE SE Miller Feed Lots, Inc. 1-13586 W4209 2-7241 4N 66W 1 SW SW Miller Feed Lots, Inc. (Miller Pond) NA NA NA 4N 66W 1 SW NW Mike Boulter 10725 W2398 2-5449 5N 65W 34 SE SW Mike Boulter 10726 W2398 2-5450 5N 65W 34 SW SW Mike Boulter 264 W664 Feb-29 5N 65W 34 SW NE Mike Boulter 1763 W172 2-8109 5N 65W 27 SW SW Mike Boulter 1764 W172 2-8110 5N 65W 27 SW SW Mike Boulter R13565 W401 2-6962 5N 65W 27 SW NW George B. McClellan 171 W599 2-7172 4N 65W 4 NW SE

NA=WDID is not available NR=structure is not registered Groundwater depletion caused by the wells in this plan are estimated to result in an average annual historical consumptive use of 250 acre feet for 1974 through 2004. The 43 wells listed

above (member wells) include 35 wells under the Union Ditch system, 5 wells under the Western Mutual Ditch system and 1 well which does not make use of surface water shares under either of these two ditch systems, the Miller pond and the Ream pond. (See attached Map C). (a) Groundwater depletions caused by wells in this plan are estimated to result in an average annual historical consumptive use of 250 acre-feet for 1974 through 2004. Depletions similar to this order of magnitude are expected to continue into the future. 2. Replacement Water Sources: (a) Recharge ponds listed below: Recharge Site Legal Description Mercure #1 SE 1/4, NW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th

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

P.M. Sauer SW 1/4, SW 1/4, Sec. 33, Twp. 5 N., Rng. 65 W., 6th

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

P.M. G. Alles #1 SE 1/4, NE 1/4, Sec. 23, Twp. 5 N., Rng. 65 W., 6th

P.M. G. Alles #2 NE 1/4, NE 1/4, Sec. 23, Twp. 5 N., Rng. 65 W., 6th

P.M. R. Alles SW 1/4, NE 1/4, Sec. 26, Twp. 5 N., Rng. 65 W., 6th

P.M. J. Alles NE 1/4, NW 1/4, Sec. 33, Twp. 5 N., Rng. 65 W., 6th

P.M. Franklin SW 1/4, SW 1/4, Sec. 27, Twp. 5 N., Rng. 65 W., 6th

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

P.M. Miller N 1/2, Sec. 1, Twp. 4 N., Rng. 66 W., 6th P.M. Boulter Part SW 1/4, Sec. 27, Twp. 5 N., Rng. 65 W., 6th P.M. Part NW 1/4, Sec. 34, Twp. 5 N., Rng. 65 W., 6th P.M. Any other site deemed appropriate and approved by the Division Engineer. (b) The development of recharge and storage structures upon the properties listed herein or any other sites that are appropriate and approved by the Division Engineer. The above 12 potential recharge structure locations in the vicinity of the Union Ditch service area and representative canal reaches of the Union Ditch will provide a long-term water replacement option for well members. Union proposes to develop recharge structures to the extent needed to augment average annual well depletions of well members. The changed water rights and junior water rights applied for herein (and other water rights available) will be diverted through the Union Ditch when it is not being used for irrigation purposes into the recharge structures so it can be utilized for replacement and augmentation purposes to replace depletions caused by member wells. (c) Applicant has secured or will secure a lease agreement with The Lower Latham Reservoir Company to lease 14.19 shares of Greeley Irrigation Company (GIC). The average annual consumptive use per GIC share was determined to be 10.31 acre feet in Case No. 96 CW 658. (d) Applicant has secured or will secure a lease agreement with William and Charles Jerke, well members in this plan, to lease 2 shares of the Union Ditch. (e) Applicant has secured or will secure a lease agreement with William and Geneva Franklin to lease 1 share of GIC. (f) Union owns 5.75 shares of Union Reservoir Company that it has leased on an annual basis to GASP. Applicant will utilize the consumptive use of these shares to replace depletions caused by well members. (g) Applicant has secured or will secure agreements from well members who own permitted augmentation wells

(retiming wells) listed below. (h) UWAG will utilize 1 share of Union Ditch Company and 1 share of Greeley Irrigation Company that it purchased for augmentation purposes. Well Well Owner Permit No. Legal Description W. Jerke 22911 WCR 39 LaSalle, CO 80645 (970) 284-6061 872 SE 1/4, NE 1/4, Sec. 7, Twp. 4 N., Rng. 65 W., 6th P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 27210 SW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th

P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 37212 NW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th

P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 27213 SE 1/4, NW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th

P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 44396F SW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th

P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 17211 NW 1/4, SW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th

P.M. H. Strohauer 19595 WCR 50 LaSalle, CO 80645 (970) 284-6526 7225 SW 1/4, SE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W., 6th

P.M. H. Strohauer & R. Boulter 19595 WCR 50 LaSalle, CO 80645 (970) 284-6526 NR NE 1/4, SW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th

P.M. Stream depletions caused by the pumping of the retiming wells will be determined with the Glover or other acceptable methodology. (i) Applicant has secured or will secure agreements from The Lower Latham Reservoir Company, The New Cache La Poudre Irrigating Company, The Ogilvy Ditch Company or any other entity with water sources available or with excess augmentation credits that are legally available for augmentation use to utilize in its’ augmentation plan. (j) Union well members will have the ability to bypass a portion of their Union Ditch Company water during periods of time when there is insufficient replacement waters available for

their depletions if other augmentation resources are not available. (k) Union well members will agree that to the extent the forecasted depletions cannot be replaced by suitable augmentation sources that their well pumping will be curtailed to the extent necessary to prevent injury to other vested senior water rights. 3. Applicant will provide appropriate accounting as to the operation of this plan of augmentation as required by the Division Engineer. (a) Depletions from well pumping are to be determined with the water budget method or whatever method is determined acceptable by the Court. Out-of-priority depletions to the river will be replaced at the appropriate time, location, quantity and quality. The lagged effects of ground water pumping will be estimated using Glover or other acceptable methodology. CLAIM NO. 4, APPLICATION FOR CHANGE OF WATER RIGHTS, (Union Ditch Water). 1. Name of Water Rights and Structures Which Change is Sought: (a) Union Ditch Company shares of well members. Applicant seeks a change of use/bypass of 144.5 shares that the well-users own of the total 250 shares under the Union Ditch to use in their augmentation plan listed herein. (b) Union Ditch water rights are direct flow rights, by original appropriation, decreed to the Union Ditch from the South Platte River. (i) Decree entered: April 28, 1883, in Case No. 6009. (ii) Appropriation dates and amounts: Appropriation date: 11/5/1874 for 100 c.f.s. Appropriation date: 11/2/1881 for 84.03 c.f.s. (iii) Decreed point of diversion: The headgate of the Union Ditch is located in the Northeast Corner (NE Cor) of Section Eighteen (18), Township Four (4) North, Range Sixty-Six (66) West of the 6th P.M., Weld County, Colorado. 2. Source: South Platte River. 3. The 144.5 shares of Union Ditch have been historically diverted at the Union Ditch headgate and used for agricultural irrigation on approximately 3,000 acres of farm ground under the Union Ditch service area located in §§ 3, 4, 5, 7 and 8, Twp. 4 N., and §§ 14, 22, 23, 24, 26, 27, 28, 32, 33, and 34, Twp. 5 N., all in Rng. 65 West of the 6th P.M., Weld County. (Map D will be provided after the ditch-wide analysis is completed.) 4. Change Sought: During times when there is insufficient replacement water available for this Plan of Augmentation, applicant may bypass the water associated with certain of the 144.5 shares belonging to the well members. To prevent injury to other water rights, and to prevent expanded use of the senior water rights, a portion of the above well members’ farm ground will be temporarily dried up on a seasonal basis whenever such bypass occurs. Return flow obligations for these changed shares shall be accounted for and replaced. CLAIM NO. 5, APPLICATION FOR CHANGE OF WATER RIGHTS, (Greeley Irrigation Company Water). 1. Name of Water Rights and Structures Which Change is Sought: (a) Applicant seeks a change of use/bypass of 2 shares of the 518.33 shares that have been issued and are outstanding in the Greeley Irrigation Company. Applicant’s ownership interest in the Greeley Irrigation Company also gives it the use of preferred rights in Fossil Creek Reservoir pursuant to the contractual rights that Greeley Irrigation Company has to 60 preferred rights in Fossil Creek Reservoir. (b) On February 23, 1875, the Union Colony of Colorado deeded 3/8ths of its undivided interest in Canal No. 3 to the Town of Greeley, Colorado. After this date, Canal No. 3 was owned in joint tenancy by the Union Colony and the Town of Greeley. On July 15, 1882, the Greeley Irrigation Company was incorporated. On August 3, 1882, the Union Colony quit claimed the Greeley Irrigation Company its remaining 5/8ths interest in Canal No. 3 and Greeley Irrigation Company assumed all obligations of the Union Colony relating thereto. This joint ownership of Canal No. 3 with 5/8ths interest belonging to Greeley Irrigation Company and 3/8ths interest belonging to the City of Greeley has remained in effect to the present. (i) Decree entered: April 11, 1882, in Civil Action No. 320, in the District Court, Larimer County, Colorado. (ii) Appropriation dates and amounts: April 1, 1870, for 52.00 c.f.s. Appropriation date: October 1, 1871, for 41 c.f.s Appropriation date: July15, 1872, for 63.13 c.f.s. Appropriation date: May 15, 1873, for 16.67 c.f.s. (iii) Decreed point of diversion: Canal No. 3 headgate is decreed as being located in the NW 1/4 SE 1/4 of Sec. 32, Twp. 6 N., Rng. 66 W. at a point approximately 1900 feet West of the East section line and 2200 feet north of the South section line of said Sec. 32., Weld County. 2. Source: Cache La Poudre River. 3. Historic Use: Irrigation and domestic use upon lands located west and northwest of the City of Greeley, lands located within the city limits

of Greeley and lands located east of the City of Greeley before Canal No. 3 terminates in the delta area about 11 miles southeast of the headgate. 4. Change Requested: Applicant seeks to change the water rights represented by 2 shares of the total 518.33 shares of issued and outstanding stock in the Greeley Irrigation Company. The changes requested are: (a) During times when there is insufficient replacement water available for this plan of augmentation, Applicant may bypass the water associated with the 2 shares belonging to its well members. To prevent injury to other water rights and to prevent expanded use of the senior water rights, a portion of the above well members’ farm ground will be temporarily dried up on a seasonable basis whenever such bypass occurs. Return flow obligations for these changed shares shall be accounted for and replaced. 05CW52 CONCERNING THE APPLICATION FOR WATER RIGHTS OF ACCOMASSO BROTHERS IN LOGAN, MORGAN AND WASHINGTON COUNTIES: FIRST AMENDED APPLICATION FOR WATER RIGHTS, CHANGE OF EXISTING WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION: 1.Name, address and telephone number of applicant: Accomasso Brothers c/o Pary Accomasso 15137 County Road 12 Atwood, CO 80722 970 522 0629: Correspondence to : Ray Ann Brammer, Esq. Brammer Law Office, P.C.; Box 1827 Sterling, CO 80751; 970 521 0700: PLAN FOR AUGMENTATION 2. Names of Structures to be augmented: The following, owned by applicant divert groundwater tributary to the South Platte River, and replacement, supplemental and alternate point of diversion wells. All of the Wells are located in Logan County, Colorado, on lands within the service area of the Davis Brothers Ditch, Schneider Ditch and the Logan Prewitt Reservoir and are used for irrigation. NAME,WD ID,PERMIT NO., DECREE NO., LEGAL DESCRIPTION Accomasso Brothers, 64005099, RF438, W3278, SE1/2NE1/4 S 9, T6N, R 53 W Accomasso Brothers, 64005100, PO2687, W3278, SE1/4NW1/4 S10, T6N, R 53 W: WATER RIGHTS 4. Applicant seeks a water right for the following Augmentation Wells: a. Well Permit No. RF 438 and PO 2687, located in Logan County, State of Colorado. b. These wells are located in Logan County, State of Colorado. c. Date of Appropriation: Date that well permit application submitted. How appropriation initiated: Application for Well Permit d. Amount Claimed: RF 438 claims 6.66 cfs as conditional. PO2867 claims 4.58 cfs as conditional.5.Proposed use: Each well may be used for augmentation, and replacement. Applicant claims the use, reuse and successive uses of the water diverted for augmentation purposes under the subject water rights to extinction, either directly or by exchange 6. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The wells are located as identified above. The use of the well will be for other members of the Applicant as set forth in the plan of augmentation sought within. 7. Other:. Groundwater tributary to the South Platte River to be withdrawn through 2 existing irrigation wells with current Well Permit Nos. RF 438 and PO 2687 described above. Applicant shall measure the water discharged from each such well for augmentation purposes using a flow meter attached to the discharge pipe immediately adjacent to the well. 05CW112, CITY OF ARVADA, c/o Kenneth E. Peterson, 8101 Ralston Road, Arvada, CO, 80001-8101, (720) 898-7766. (Steven P. Jeffers, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978. AMENDED APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING CHANGES OF WATER RIGHTS AND EXCHANGES IN JEFFERSON, ADAMS, BROOMFIELD AND WELD COUNTIES. 2. Decreed names of structures for which change is sought: A. Cort, Graves & Hughes Ditch and Bluff Ditch are added as additional structures to be augmented. The decreed locations for these structures are described below and are shown on the revised map attached as EXHIBIT A. B. Names of structures to be used as alternate points of diversion or storage, or to which water will be exchanged, is amended by deleting Arvada South Platte Reservoir in paragraph 2.B.vi. 3. Previous decrees for

water rights to be changed: In addition to the water rights identified in the original application, Arvada seeks to change the water rights associated with its proportionate interest in the following mutual ditch and reservoir companies: A. Farmers High Line Canal and Reservoir Company (FHL) iii. Decreed points of diversion remain the same: 1) The Clear Creek headgate is located on the north bank of Clear Creek in the N1/2 SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado about 860 feet South 7°30' East (magnetic bearing) from the Northeast corner of the W1/2 of said Section 27. 2) At a point on the west or upper bank of Farmers High Line Canal where it crosses Little Dry Creek in the NE1/4 of Section 13, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado; 3) On the north bank of Ralston Creek at a point about 175 feet west of the point where said canal crosses Ralston Creek and near the center of the NW1/4 of Section 1, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado; 4) At a point on the west or upper bank of Farmers High Line Canal where it crosses Leyden Creek below the embankment of Leyden Reservoir in the NE1/4 of Section 36, Township 2 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. vi. The “Remarks” are amended by adding 3.0 shares of Class A stock in the FHL and 6.0 shares out of 337.165 shares in the Oberon Water Company, which owns 17.18 shares in FHL. The total amount of water to be changed in this case is 23.643 shares of Class A stock in FHL, 10 inches of contract water carried in the FHL pursuant to the John R. Hill contract, and 3.75 inches of statutory water. B. Church Ditch, a/k/a the Golden City and Ralston Creek Ditch iii. Decreed points of diversion remain the same: 1) The Clear Creek headgate is located on the north bank of Clear Creek about one mile west of Golden, at a point in the SE1/4 NW1/4 NE1/4 of Section 32, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, South 69°30' West, 1450 feet from the NE corner of said Section; 2) On the north bank of Ralston Creek in Section 2, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado at a point 445 feet South 69° West from the center of said Section. vi. The “Remarks” are amended by adding 18 inches of water. The total amount to be changed is 136.552 inches, but Applicant claims credit for only 136.152 inches to correct errors in prior decrees. D. Member ditches of the Bayou Ditch Association, also known as the "Slough Ditches" is amended as follows: (1) vi. Wadsworth Ditch: The “Remarks are amended by adding 0.5875 shares, for a total of 19.699 shares in this case. (2) vi. Swadley Ditch: The “Remarks” are amended by adding 2.0 inches of water, for a total of 5.25 inches in this case. (8) vi. Rhodes Middle Ditch is amended by adding 2.17 inches of water, for a total of 35.20 inches in this case. (10) Bluff Ditch is added as follows: i. Date Entered, Case No., Court, Amount, Appropriation Date: Date Entered Case No. Court Clear Creek

Priority No. Approp. Date Amount (cfs.)

10/04/1884 6963 Arapahoe 29 05/26/1863 2.6 10/04/1884 6963 Arapahoe 36 05/26/1864 2.4

ii. Type of right: Surface iii. Decreed point of diversion: The headgate of the Bluff Ditch is the same as all other ditches in the Bayou Ditch Association, located in the NE1/4 SE1/4, Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point on the north bank of Clear Creek 1/4 mile west of the Youngfield Street Bridge, Jefferson County, Colorado. iv. Source: Clear Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 125.75 shares (1 inch = 1 share) of water, of which 114.5 shares have been included in previous augmentation plans. The remaining 11.25 shares of water are the subject of this application. Applicant proposes to claim credit for only 8.25 shares in this application in order to correct an error in previous decrees. F. Cort, Graves & Hughes Ditch is added as follows: i. Date Entered, Case No., Court, Amount, Appropriation Date: Date Entered Case No. Court Clear Creek

Priority No. Approp. Date Amount (cfs.)

10/04/1884 6963 Arapahoe 10 04/30/1861 7 Only 2.91 cfs (111.762 inches) remains decreed at the original headgate. ii. Type of right: Surface iii. Decreed point of diversion: On the North Bank of Clear Creek in the NE1/4 SW1/4 in Section 14, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. iv. Source: Clear Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of all of the water that remains decreed at the headgate of the Cort, Graves & Hughes Ditch. Applicant proposes to change 22.472 inches of water in this application. 4. Previous decrees for water rights to be used for augmentation and/or exchange is amended by deleting Arvada South Platte Reservoir as a source of augmentation in paragraph 4.F, deleting Arvada’s 15 shares in FRICO as a source of augmentation in paragraph 4.G, and deleting reusable effluent from both of those sources in paragraph 4.H. 5. Historic use: Applicant has attached revised EXHIBIT C-1 through C-5 to show the location of the lands irrigated with the additional water rights described in this amendment and new EXHIBIT D-6 containing diversion records for the Cort, Graves & Hughes Ditch. 6. Statement of the Plan for Augmentation Including Exchanges and Changes of Water Rights, covering all applicable matters under 37-92-103(9), 302(1)(2) and 305(8), C.R.S.: A. Applicant no longer intends to store water changed in this case in Arvada South Platte reservoir, or to exchange water from or to that reservoir. As a result, Applicant hereby withdraws that reservoir from paragraphs 6.A., B., C. iii, D., and F. iii. Applicant also withdraws its claims to use water released from that reservoir and Arvada’s FRICO Water Rights as sources of water for return flow replacement in paragraph 6.H. 7.Names and addresses of owners of land on which structures are located: Upon information and belief, the names and addresses of the owners of the land on which the structures are located are as follows: A. Arvada Reservoir, Highway 93 Lakes, Ward Road Pond, Croke Canal Ralston Creek headgate, the Nontributary Wells, and the Cort, Graves & Hughes Ditch are owned by applicant. B. Croke Canal is owned by Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601. C. Farmers High Line Canal is owned by Farmers High Line Canal and Reservoir Company, 725 Malley Drive, Northglenn, Colorado 80233. D. Church Ditch is owned by Church Ditch Water Authority, c/o City of Northglenn, 11701 Community Center Drive, Northglenn, Colorado 80233. E. Reno-Juchem Ditch is owned by Consolidated Juchem Ditch and Reservoir Co., c/o Bart Grange, Secretary, 7045 West 61st Avenue, Arvada, Colorado 80003. F. Slough Ditches are owned or operated by Bayou Ditch Association, 4515 Robb Street, Wheat Ridge, CO 80033. G. Manhart Ditch is owned by Manhart Ditch Company, c/o City of Westminster, Bob Krugmire, Secretary, 4800 W. 92nd Avenue, Westminster, CO 80031. H. Metro Treatment Plant is owned by Metro Wastewater Reclamation District, 6450 York Street, Denver, Colorado 80229-7499. I. Tucker Lake is owned by Denver-View Reservoir and Irrigation Company, P.O. Box 8101, Arvada, CO 80001-8101. J. Oberon Ditch is owned by Oberon Water Co., P.O. Box 201, Arvada, CO 80001. WHEREFORE, Applicant prays that the Court enter a decree approving applicant's amended plan for augmentation, including exchanges and changes of water rights. (13 pages) 06CW219 JAMES G. SCHWARTZ AND LINDA C. SCHWARTZ, 3569 Meadow Chase Drive, Marietta, GA. 30062. AMENDMENT TO APPLICATION FOR UNDERGROUND WATER RIGHT IN LARIMER COUNTY. Correct legal description of well: Schwartz Well is located in the NW1/4 of the SW1/4 of S35, T8N, R69W of the 6th PM at a point 219 feet South and 465 feet East. 06CW230, PUBLIC SERVICE COMPANY OF COLORADO d/b/a Xcel Energy Inc., Water Resources, 4653 Table Mountain Drive, Golden, Colorado 80403, c/o Brian M. Nazarenus, Carolyn F. Burr, James M. Noble, RYLEY CARLOCK & APPLEWHITE, 1999 Broadway, Suite 1800, Denver, Colorado 80202, (303) 863-7500. Application for Water Rights in the South Platte River, in ADAMS COUNTY. 2. Explanation of Amendments: The original conditional decree entered in Case No. 97CW382 described the

proposed Cherokee Pump Station diversion point A and diversion point B as being located in Township 2 South, Range 68 West, 6th P.M., in Adams County, Colorado. It has since been discovered that the reference to Township 2 South was a typographical error, and the correct township should have been stated as Township 3 South. By this Amendment to Application for Finding of Reasonable Diligence for a Conditional Water Right, PSCo seeks to change the decreed location of Cherokee Pump Station diversion points A and B so that they are correctly located in Township 3 South. 3. The Application is amended by adding a new Paragraph 5 as follows: 5. Application to Correct Legal Description of Cherokee Pump Station diversion points A and B. By this Application, PSCo seeks to correct the legal description of Cherokee Pump Station diversion points A and B, described in Paragraphs 2.3.1 and 2.3.2 of the Decree entered in Division No. 1 Water Court Case No. 97CW382, as follows: A. The legal description for Cherokee Pump Station diversion point A is amended to be: a point located in the SW1/4 of the NW1/4 of Section 12, Township 3 South, Range 68 West, 6th P.M., in Adams County, Colorado, whence the Northwest corner of said Section 12 bears North one degree West, a distance of 1,720 feet. B. The legal description for Cherokee Pump Station diversion point B is amended to be: a point located in the SW1/4 of the NW1/4 of Section 12, Township 3 South, Range 68 West, 6th P.M., in Adams County, Colorado, whence the Northwest corner of said Section 12 bears North two degrees thirty minutes West, a distance of 2,050 feet. 4. Remainder of Application Unchanged. The remainder of the Application is unchanged by this Amended Application. 06CW259. Fort Collins-Loveland Water District, 5150 Snead Drive, Fort Collins, CO 80525; North Weld County Water District, P.O. Box 56, Lucerne, CO 80646. (Jeffrey J. Kahn, Esq., Scott E. Holwick, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978.) APPLICATION FOR CHANGE OF USE OF TRANSBASIN WATER RIGHTS AND FOR CONDITIONAL APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE IN LARIMER AND WELD COUNTIES. 2. Purpose of application: Windsor Reservoir and Canal Company (“WRRC”) owns 150 shares of the 450 outstanding shares in the Tunnel Water Company that entitles WRRC to a portion of the water diverted under the transbasin water rights decreed to the Laramie River Tunnel and the related collection ditches and reservoirs known as the Laramie River System. The Districts have acquired 75 of the 150 outstanding shares of Class B common stock in WRRC (the “75 Shares”) that entitle the Districts to one-half of the water from the Laramie River System to which WRRC is entitled by virtue of its ownership of stock in the Tunnel Water Company. The Districts seek to change the use of the transbasin water rights associated with the 75 Shares (the “Subject Water Rights”) by adding all municipal and related uses to the existing irrigation use. The Subject Water Rights will continue to be diverted at the decreed points of diversion in the Laramie River basin and will continue to be delivered to the Cache la Poudre River through the Laramie River Tunnel. Once within the Cache la Poudre River basin, the Districts will deliver the Subject Water Rights to structures that they own, have a right to use or may acquire in the future. The Districts seek the right to reuse, successively use and dispose of to extinction water yielded by the Subject Water Rights. The Districts also seek to exchange the Subject Water Rights to structures along both the main stem and the north fork of the Cache la Poudre River. 3. Decreed name of structures for which change is sought: Laramie River Tunnel, Rawah Ditch, Rawah and Lower Supply Ditch, McIntyre Ditch and Link Lake Nos. 1-14 (collectively, the “Structures”) as each are more specifically described in paragraph 4 below. 4. Description of previous decrees: A. Case no., court, date entered: The water rights for all of the Structures listed in paragraph 3 above were originally decreed as conditional by the District Court in Larimer County on February 20, 1914 in Civil Action No. 2725. The water rights for all of the Structures listed in paragraph 3 above were decreed as absolute by the District Court in Larimer County on September 11, 1944 in Civil Action No. 5993. B. Decreed points of diversion (all points in the 6th P.M., Larimer County, Colorado): i. Laramie River Tunnel: The intake or point of beginning is on the east bank

of the Laramie River, near the mouth of West Fork, and in the NE1/4 SW1/4 of Section 7, Township 8 North, Range 75 West from which point it passes through and under the Green Mountains to the Cache la Poudre River. ii. Rawah Ditch: The ditch has its first and principal headgate on the east bank of Rawah Creek in Larimer County, Colorado near a point in the NE1/4 SW1/4 of Section 32, Township 9 North, Range 76 West whence the SW corner of said Section 32 bears South 50° 50’ West 2950 feet, from which point it runs in a general easterly and southerly direction to the north slope of the drainage area of the West Fork of the Laramie River where its waters are discharged and flow to said West Fork of the Laramie River and thence to the Laramie River Tunnel and the Cache la Poudre River. Along its course it intersects West Springer, Rapid, Fall, Winifred and Mill Creeks and diverse other creeks situated between Rawah Creek and the West Fork of the Laramie River, at each of which there is a separate point of diversion identical with the intersection of said ditch with the east or south bank of each of said streams. iii. Rawah & Lower Supply Ditch: The ditch has its first and principal headgate on the east or south bank of Rawah Creek in Larimer County, Colorado, near a point in Section 14, Township 9 North, Range 76 West whence the SE corner of said section bears South 71° 0’ West about 2540 feet distant, from which point it runs in a general southeasterly direction to the bed and channel of the Laramie River at a point near the west portal of the Laramie River Tunnel and from which said point of delivery said waters are conveyed through the Laramie River Tunnel to the Cache la Poudre River. It intersects West Springer, Rapid, Fall, Winifred, Mill and diverse other streams, tributary to the Laramie River, entering said stream on the west side thereof between Rawah Creek and the West Fork of the Laramie River, and has points of diversion as to each thereof, said points being in each instance identical with the point of intersection of said ditch with the south or east banks of said streams. iv. McIntyre Ditch:The ditch has its first and principal headgate is on the east bank of McIntyre Creek, at or near a point in the NE1/4 NE1/4 of Section 31, Township 9 North, Range 76 West whence the west corner of said Section 31 bears South 12° 41’ East 4257 feet distant, from which point said ditch extends in a general southeasterly direction to Rawah Creek and at or near the headgate and place of beginning of the Rawah Ditch. The ditch intersects some small tributaries of Rawah Creek along its line. v. Link Lake Reservoir No. 1: The reservoir is located upon the SE1/4 of Section 7, Township 8 North, Range 76 West. It is constructed across a branch of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. vi. Link Lake Reservoir No. 2: The reservoir is located upon the SW1/4 of Section 5, Township 8 North, Range 76 West. It is constructed across a branch of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. vii. Link Lake Reservoir No. 3: The reservoir is located upon the NW1/4 of Section 5, Township 8 North, Range 76 West. It is constructed across a branch of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. viii. Link Lake Reservoir No. 4: The reservoir is located upon the NW1/4 of Section 5, Township 8 North, Range 76 West and the SW1/4 of Section 32, Township 9 North, Range 76 West. It is constructed across Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. ix. Link Lake Reservoir No. 5: The reservoir is located upon the N1/2 of Section 5, Township 8 North, Range 76 West. It is constructed across a branch of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. x. Link Lake Reservoir No. 6: The reservoir is located upon the N1/2 of Section 5, Township 8 North, Range 76 West and the SW1/4 of Section 32, Township 9 North, Range 76 West. It is constructed across a branch of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. xi. Link Lake Reservoir No. 7: The reservoir is located upon the NE1/4 of Section 5, Township 8 North, Range 76 West. It is constructed across a branch of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. xii. Link Lake Reservoir No. 8: The reservoir is located upon the S1/2 of Section 4, Township 8 North, Range 76 West. It is constructed across a branch of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. xiii. Link Lake Reservoir No. 9: The reservoir is located upon the NE1/4 of Section 6, Township 8 North, Range

76 West. It is constructed across a branch of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. xiv. Link Lake Reservoir No. 10: The reservoir is located upon the NE1/4 of Section 31, Township 9 North, Range 76 West. It is constructed across McIntyre Creek and has no inlet ditch, said creek serving to convey water to said reservoir. xv. Link Lake Reservoir No. 11: It is located upon the SW1/4 of Section 31, Township 9 North, Range 76 West. It is constructed across McIntyre Creek and has no inlet ditch, said creek serving to convey water to said reservoir. xvi. Link Lake Reservoir No. 12: The reservoir is located upon the NW1/4 of Section 4, Township 8 North, Range 76 West. It is constructed across a branch of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. xvii. Link Lake Reservoir No. 13: The reservoir is located upon the NE1/4 of Section 29, Township 9 North, Range 76 West. It is constructed across a branch of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. xviii. Link Lake Reservoir No. 14: The reservoir is located upon the NE1/4 of Section 29, Township 9 North, Range 76 West. It is constructed across Spring Creek, a branch and tributary of Rawah Creek and has no inlet ditch, said creek serving to convey water to said reservoir. The decreed locations of the Structures described below are shown on the map attached hereto as EXHIBIT A. C. Sources: i. Laramie River Tunnel: Laramie River and the West Fork of the Laramie River. The tunnel is used for the diversion and carriage of water from said streams to the Cache la Poudre River and as the principal unit or portion of the Laramie River System, in conjunction with all the units thereof, for the conveyance of all waters collected, regulated, diverted conveyed and discharged at its west portal. ii. Rawah Ditch: Rawah, West Springer, Rapid, Fall, Winifred and Mill Creeks, and diverse other creeks situated between Rawah Creek and the West Fork of the Laramie River, but, particularly, the upper portions or tributaries of all said streams. The ditch is used for the diversion and carriage of waters from the several creeks above mentioned to the Laramie River Tunnel and then to the Cache la Poudre River, and also as a part of the Laramie River System for the carriage of water stored and regulated in the Link Lakes Reservoirs, or waters delivered by the McIntyre Ditch, such use being in addition to its use as a canal for the diversion of waters from the above mentioned streams. iii. Rawah & Lower Supply Ditch: Rawah, West Springer, Rapid, Fall, Winifred and Mill Creeks, and diverse other creeks tributary to the Laramie River, entering said stream on the west side thereof between Rawah Creek and the West Fork of the Laramie River. The ditch is used for the diversion and carriage of waters from the several streams mentioned above to the Laramie River Tunnel and then to the Cache la Poudre River, and also a part of the Laramie River System for the carriage of water stored and regulated in the Link Lakes Reservoirs, or waters conveyed by the McIntyre Ditch and delivered at the headgate of this ditch by the use of Rawah Creek. iv. McIntyre Ditch: McIntyre Creek and some small tributaries of Rawah Creek intersected by the ditch along its line. This ditch is used for the diversion and carriage of water from McIntyre Creek and branches of Rawah Creek to the Cache la Poudre River by use of either the Rawah or Rawah and Lower Supply Ditches and the Laramie River Tunnel. McIntyre Ditch is a part of the Laramie River System, and when so used conveys the waters stored or regulated in Link Lakes Reservoirs 10 and 11. v. Link Lake Reservoir No. 1: A branch of Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and Lower Supply Ditch. vi. Link Lake Reservoir No. 2: A branch of Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and Lower Supply Ditch. vii. Link Lake Reservoir No. 3: A branch of Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and Lower Supply Ditch. viii. Link Lake Reservoir No. 4: Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and Lower Supply Ditch. ix. Link Lake Reservoir No. 5: A branch of Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and

Lower Supply Ditch. x. Link Lake Reservoir No. 6: A branch of Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and Lower Supply Ditch. xi. Link Lake Reservoir No. 7: A branch of Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and Lower Supply Ditch. xii. Link Lake Reservoir No. 8: A branch of Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and Lower Supply Ditch. xiii. Link Lake Reservoir No. 9: A branch of Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and Lower Supply Ditch. xiv. Link Lake Reservoir No. 10: McIntyre Creek. McIntyre and Rawah Creeks are used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the McIntyre Ditch and Rawah Ditch or the Rawah and Lower Supply Ditch. xv. Link Lake Reservoir No. 11: McIntyre Creek. McIntyre and Rawah Creeks are used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the McIntyre Ditch and Rawah Ditch or the Rawah and Lower Supply Ditch. xvi. Link Lake Reservoir No. 12: A branch of Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and Lower Supply Ditch. xvii. Link Lake Reservoir No. 13: A branch of Rawah Creek. Rawah Creek is used to convey waters from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah Ditch or the Rawah and Lower Supply Ditch. xviii. Link Lake Reservoir No. 14: Spring Creek, a branch and tributary of Rawah Creek. Rawah Creek is used to convey water from the reservoir’s outlet to the Laramie River Tunnel, by way of the Rawah and Lower Supply Ditch. D. Appropriation date: August 25, 1902, for all Structures. E. Amounts: i. Laramie River Tunnel: 300 cfs. ii. Rawah Ditch: 225 cfs. iii. Rawah & Lower Supply Ditch: 275 cfs. iv. McIntyre Ditch: 40 cfs. v. Link Lake Reservoir No. 1: 1,050 acre-feet. vi. Link Lake Reservoir No. 2: 1,400 acre-feet. vii. Link Lake Reservoir No. 3: 525 acre-feet. viii. Link Lake Reservoir No. 4: 592 acre-feet. ix. Link Lake Reservoir No. 5: 700 acre-feet. x. Link Lake Reservoir No. 6: 300 acre-feet. xi. Link Lake Reservoir No. 7: 440 acre-feet. xii. Link Lake Reservoir No. 8: 2,000 acre-feet. xiii. Link Lake Reservoir No. 9: 574 acre-feet. xiv. Link Lake Reservoir No. 10: 425 acre-feet. xv. Link Lake Reservoir No. 11: 1,148 acre-feet. xvi. Link Lake Reservoir No. 12: 138 acre-feet. xvii. Link Lake Reservoir No. 13: 597 acre-feet. xviii. Link Lake Reservoir No. 14: 597 acre-feet. F. Historic use: The Subject Water Rights have been used historically for irrigation of lands served by the WRCC system. A map showing the general location of the WRCC system is attached hereto as EXHIBIT B. Summaries of diversions of water through the Laramie River Tunnel (a/k/a the Laramie-Poudre Tunnel) from 1950 through 2005 are attached hereto as EXHIBIT C. 5. Proposed changes: A. Change of Use: The Districts seek to add the following uses to the previously decreed irrigation use for the Subject Water Rights: all municipal uses including but not limited to domestic, irrigation, commercial, industrial, recreational, fire protection, wetland establishment and maintenance, fish habitat, wildlife habitat, re-use and successive use of the claimed beneficial uses, substitute supply and replacement, augmentation and exchange. B. Change in Place of Use: The Subject Water Rights may be used by the Districts within their respective service areas as those areas may exist from time to time and outside of their respective service areas by agreement. C. Change to Include Storage: The Subject Water Rights may be stored prior to beneficial use in addition to the existing direct flow use. The Subject Water Rights may be stored in any reservoir to which the Districts currently possess or may in the future acquire storage rights, including but not limited to: i. The Overland Trail Reservoirs, which will be a series of hydraulically connected, lined gravel pits located in parts of the SE1/4 of Section 32, the S1/2 of Section 33, Township 8 North, Range 69 West of the 6th P.M., Larimer County, Colorado, and the N1/2 of Section 4 and the E1/2 of the NW1/4, the SW1/4 of the NE1/4, and the NW1/4 of the SE1/4 of Section 3, Township 7 North, Range 69 West; ii. Halligan Reservoir, as the same may be enlarged, which is located on the North Fork of

the Cache La Poudre River upon portions of Section 28, 29, 33 and 34, Township 11 North, Range 71 West; iii. Milton Seaman Reservoir, as the same may be enlarged, which is located on the North Fork of the Cache La Poudre River upon portions of Section 33 and 28, Township 9 North, Range 70 West; iv. Windsor Reservoir, which is located in the SE1/4 of the SE1/4 of Section 33, Township 7 North, Range 67 West; v. Reservoir No. 8, which is located in the SW 1/4 of the SE1/4 of Section 16, Township 8 North, Range 68 West; vi. Elder Reservoir, which is located in the SE1/4 of the NE1/4 of Section 19, Township 8 North, Range 68 West; vii. Douglas Reservoir, which is located in the NE1/4 of the SW1/4 of Section 35, Township 9 North, Range 69 West; viii. Cobb Lake, which is located in the NE1/4 of the NW1/4 of Section 23, Township 8 North, Range 68 West; ix. Chambers Lake, which is located in the NE1/4 of the SE 1/4 of Section 6, Township 7 North, Range 75 West; x. The WSSC Reservoir No. 2 & 3, which are located in the SE1/4 of the NE1/4 of Section 14, Township 8 North, Range 69 West; xi. The WSSC Reservoir No. 4, which is located in the NE1/4 of the SW1/4 of Section 23, Township 8 North, Range 69 West; xii. The WSSC Reservoir No. 1 (a/k/a Rocky Ridge Reservoir), which is located in the SE1/4 of the SW1/4 of Section 11, Township 8 North, Range 69 West; xiii. The WSSC Reservoir No. 5 (a/k/a Long Pond), which is located in the SE1/4 of the NW1/4 of Section 31, Township 8 North, Range 68 West; xiv. Lindemeier Lake, which is located in the NW1/4 of the NE1/4 of Section 6, Township 7 North, Range 68 West; xv. The WSSC Reservoir No. 6 (a/k/a Black Hollow Reservoir), which is located in the SE1/4 of the SE1/4 of Section 34, Township 8 North, Range 67 West; xvi. Kluver Reservoir, which is located in the NE1/4 of the NW1/4 of Section 23, Township 8 North, Range 69 West; xvii. Curtis Lake, which is located in the E1/2 of Section 17, Township 8 North, Range 69 West, and the W1/2 of Section 16, Township 8 North, Range 69 West; xviii. Long Draw Reservoir (a/k/a Grand River Reservoir), which is located in the NW1/4 of the SE1/4 of Section 11, Township 6 North, Range 75 West; xix. North Poudre Reservoir No. 1 (a/k/a Miner Lake), which is located in the SW1/4 of the SW 1/4 of Section 21, Township 9 North, Range 69 West; xx. North Poudre Reservoir No. 2 (a/k/a Demmel Lake), which is located in the NE1/4 of the SW1/4 of Section 30, Township 9 North, Range 68 West; xxi. North Poudre Reservoir No. 3, which is located in the NE1/4 of the SE1/4 of Section 19, Township 9 North, Range 68 West; xxii. North Poudre Reservoir No. 4, which is located in the NE1/4 of the SW1/4 of Section 29, Township 9 North, Range 68 West; xxiii. North Poudre Reservoir No. 5 (a/k/a Bee Lake), which is located in the NW1/4 of the SW1/4 of Section 5, Township 8 North, Range 68 West; xxiv. North Poudre Reservoir No. 6, which is located in the SW1/4 of the SE1/4 of Section 8, Township 8 North, Range 68 West; xxv. North Poudre Reservoir No. 15, which is located in Section 4, Township 9 North, Range 69 West; xxvi. North Poudre Reservoir No. 13 (a/k/a Clark Lake), which is located in the SE1/4 of the NE1/4 of Section 22, Township 9 North, Range 68 West; xxvii. Mountain Supply Reservoir No. 16 (a/k/a Indian Creek Reservoir), which is located in the NW1/4 of the SW1/4 of Section 13, Township 9 North, Range 68 West; and xxviii. Mountain Supply Reservoir No. 18 (a/k/a Hinkley Lake), which is located in the SW1/4 of the NE1/4 of Section 25, Township 8 North, Range 68 West. (Collectively, the “Reservoirs”). All Reservoirs are located in the 6th P.M., Larimer County, Colorado. The Districts reserve the right to exchange the Subject Water Rights after storage in or diversion to the Overland Trail Reservoirs upstream pursuant to the exchange priorities sought to be adjudicated in District Court, Water Division No.1, Case No. 00CW251. 6. Comments: A. Dominion, Control and Intent to Reuse. The Districts claim all dominion and control of all return flows after initial use of the Subject Water Rights, including but not limited to lawn irrigation return flows and sewer return flows, and claim the right to reuse, successively use, and dispose of the return flows by sale, contract, exchange, or otherwise to extinction. B. Historical Return Flows. The Districts are not required to replace historical return flows in time, location, and amount as the Subject Water Rights are transbasin water. See, City of Thornton v. Bijou Irrigation Company et al., 926 P.2d 1 (Colo. 1996). 7. Appropriative rights of substitution and exchange: Without affecting any other rights that the Districts may claim to exchange water

delivered to the Cache la Poudre River through the Laramie River Tunnel, the Districts claim exchanges of water from the Subject Water Rights between the exchange points listed below: A. Name of water rights claimed: The Districts’ Tunnel Water North Fork Exchanges. i. Exchange from point (location where water is provided in substitution and/or exchange): a. Confluence of the Cache la Poudre River and the North Fork of the Cache la Poudre River. (Water attributable to the 75 Shares will be delivered down the Cache la Poudre River from the Laramie River Tunnel to said confluence, subject to any river transit losses.) ii. Exchange to points (locations where water is diverted by exchange – all of the exchange to points are located in the 6th P.M., Larimer County, Colorado): a. Milton Seaman Reservoir, as the same may be enlarged. The decreed location of Milton Seaman Reservoir is upon Sections 33 and 28, Township 9 North, Range 70 West. The Milton Seaman Reservoir Dam is presently located in the SW1/4, NE1/4 and SE1/4, NW1/4 of Section 33, Township 9 North, Range 70 West, taking its supply of water from the North Fork of the Cache La Poudre River and its tributaries originating upstream of Milton Seaman Dam. Rate of diversion by exchange: up to 300 cfs. b. North Poudre Canal. This point is located on the North Fork of the Cache La Poudre River at a point 1080 feet west and 170 feet north of the SE corner of Section 12, Township 10 North, Range 71 West, from the North Fork of the Cache La Poudre River. Rate of diversion by exchange: up to 150 cfs. c. Halligan Reservoir, as the same may be enlarged. The decreed location of Halligan Reservoir is upon portions of Sections 28, 29, 32, 33, and 34, Township 11 North, Range 71 West, taking its supply of water from the North Fork of the Cache La Poudre River and its tributaries originating upstream of the Halligan Dam. Rate of diversion by exchange: up to 300 cfs. iii. Source of substitute supply: The Subject Water Rights. iv. Rate of exchange: The Districts claim a maximum simultaneous rate of exchange of 300 cfs, conditional, for the above-described exchanges. v. Appropriation date claimed: December 12, 2006. The appropriation was initiated by formation of the requisite intent to appropriate together with the overt acts manifesting such intent, including but not limited to the acquisition of the Subject Water Rights to be used as the substitute supply, passage of a resolution by the Districts, and field work and engineering studies related to the claimed exchanges. vi. Uses: All uses described in paragraph 5.A. above, by direct use or by storage and subsequent release. B. Name of water rights claimed: The Districts’ Tunnel Water Munroe Gravity Canal Exchanges. i. Exchange from points (locations where water is provided in substitution and/or exchange – all of the exchange to points are located in the 6th P.M., Larimer County, Colorado): a. Milton Seaman Reservoir, as the same may be enlarged. The decreed location of Milton Seaman Reservoir is upon Sections 33 and 28, Township 9 North, Range 70 West. The Milton Seaman Reservoir Dam is presently located in the SW1/4, NE1/4 and SE1/4, NW1/4 of Section 33, Township 9 North, Range 70 West, taking its supply of water from the North Fork of the Cache La Poudre River and its tributaries originating upstream of Milton Seaman Dam. Rate of diversion by exchange: up to 300 cfs. b. North Poudre Canal. This point is located on the North Fork of the Cache La Poudre River at a point 1080 feet west and 170 feet north of the SE corner of Section 12, Township 10 North, Range 71 West, from the North Fork of the Cache La Poudre River. Rate of diversion by exchange: up to 150 cfs. c. Halligan Reservoir, as the same may be enlarged. The decreed location of Halligan Reservoir is upon portions of Sections 28, 29, 32, 33, and 34, Township 11 North, Range 71 West, taking its supply of water from the North Fork of the Cache La Poudre River and its tributaries originating upstream of the Halligan Dam. Rate of diversion by exchange: up to 300 cfs. ii. Exchange to point (location where water is diverted by exchange): a. Munroe Gravity Canal, a/k/a North Poudre Supply Canal. The headgate of the Canal is located on the east bank of the Cache La Poudre River in the SW1/4 of the NE1/4 of Section 5, Township 8 North, Range 70 West, at a point whence the Southeast corner of said Section 5 bears South 37°27’30” East 3,647.5 feet. Water diverted into and carried by the Munroe Gravity Canal will then be diverted through the Pleasant Valley Pipeline. iii. Source of substitute supply: The Subject Water Rights. iv. Rate of exchange: The Districts claim a maximum simultaneous rate of exchange of 300 cfs, conditional,

for the above-described exchanges. v. Appropriation date claimed: December 12, 2006. The appropriation was initiated by formation of the requisite intent to appropriate together with the overt acts manifesting such intent, including but not limited to the acquisition of the 75 Shares to be used as the substitute supply, passage of a resolution by both Districts, and field work and engineering studies related to the claimed exchanges. vi. Uses: All uses described in paragraph 5.A. above, by direct use or by storage and subsequent release. 8. Name and address of owners of the lands upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed, or upon which water is or will be stored: A. Fort Collins Pipeline diversion: City of Fort Collins, Attn: Real Estate, P.O Box 580, Fort Collins, CO 80522. B. City of Greeley Pipeline diversion: City of Greeley, 919 7th Ave., Greeley, CO 80631; C. Overland Trail Reservoirs: i. Mark A. Linder, 4355 W. County Road 50E, Fort Collins, CO 80521; ii. Joseph S. and Daniel A. Glass, 1331 North Taft Hill Road, Fort Collins, CO 80521; iii. Kenneth C. Hilt, 1429 North Taft Hill Road, Fort Collins, CO 80521-1334; iv. Alvin G. and Florence Treiber, 3509 Arapahoe Drive, Fort Collins, CO 80521; v. James S. and Joyce Warson, 67-1066 Palekaikou Trail, Kamuela, HI 96743; vi. The City of Greeley, Acting by and through its Water and Sewer Board, 1100 10th Street, 3rd Floor, Greeley, CO 80631; vii. Fort Collins-Loveland Water District, A Political Subdivision of the State of Colorado, 4700 South College Avenue, Fort Collins, CO 80525; viii. North Weld County Water District, A Political Subdivision of the State of Colorado, 33247 Highway 85, Lucerne, CO 80646; ix. East Larimer County Water District, A Political Subdivision of the State of Colorado, P.O. Box 2044, Fort Collins, CO 80522. D. Munroe Gravity Canal, a/k/a North Poudre Supply Canal: The point of diversion for the Munroe Gravity Canal is on land owned by the Northern Colorado Water Conservancy District, 220 Water Ave., Berthoud, CO 80513. E. Pleasant Valley Pipeline: The point of diversion for the Pleasant Valley Pipeline is on land owned by the Northern Colorado Water Conservancy District, 220 Water Ave., Berthoud, CO 80513. F. Overland Trail Diversion Structure: i. The City of Greeley, Acting by and through its Water and Sewer Board, 1100 10th Street, 3rd Floor, Greeley, CO 80631; ii. Fort Collins-Loveland Water District, A Political Subdivision of the State of Colorado, 4700 South College Avenue, Fort Collins, CO 80525; iii. North Weld County Water District, A Political Subdivision of the State of Colorado, 33247 Highway 85, Lucerne, CO 80646; iv. East Larimer County Water District, A Political Subdivision of the State of Colorado, P.O. Box 2044, Fort Collins, CO 80522. G. Milton Seaman Reservoir: i. City of Greeley, 808 23rd Avenue, Greeley, CO 80631; ii. Bureau of Reclamation, 11056 W. County Road 18E, Loveland, CO 80537; iii. United States Department of Agriculture, Forest Service, Inspector General, 2850 McClelland Drive, Fort Collins, CO 80526; iv. Katherine F. and David P. Lunn, 6066 Obenchain Road, Laporte, CO 80535; v. Larry D. Johnson Living Trust, 6074 Obenchain Road, Laporte, CO 80535-9723; vi. State Board of Land Commissioners, 1313 Sherman Street, Denver, CO 80203; vii. City of Greeley Water and Sewer Department, Seaman Dam, 808 23rd Avenue, Greeley, CO 80631; viii. United States of America, Arapahoe/Roosevelt National Forest, 2150 Centre Avenue East, Fort Collins, CO 80526-8119; ix. City of Fort Collins Water Department, Attn: Natural Resources, P.O. Box 580, Fort Collins, CO 80522; x. State of Colorado, Department of Natural Resources, 6060 Broadway Avenue, Denver, CO 80216; H. Halligan Reservoir: i. State of Colorado, Division of Wildlife, 6060 Broadway Avenue, Denver, CO 80216; ii. United States of America Bureau of Land Management, General Delivery, Washington, DC 20090; iii. North Poudre Irrigation Company, 3729 Cleveland Avenue, Wellington, CO 80549; iv. The Landowners’ Association for Phantom Canyon Ranches, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525; v. Free Enterprises, Inc., c/o Lee Stark, 1803 Garfield Avenue, Loveland, CO 80537; vi. TJ Mac, Ltd., P.O. Box 9, Greeley, CO 80632-0009; vii. Gary C. and Mary J. Packard, 5142 Eagle Lake Drive, Fort Collins, CO 80524; viii. Meadow Creek Cabin Association, LLC, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525. I. North Poudre Canal: The point of diversion for the North Poudre Canal is on land owned by the Landowners’ Association for

Phantom Canyon Ranches, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525. The structure itself is owned by the North Poudre Irrigation Company, whose address is P.O. Box 100, Wellington, CO 80549. J. Windsor Reservoir: WRCC, P.O. Box 206, Eaton, CO 80613. K. Reservoir No. 8: See ¶ 8.J. above. L. Elder Reservoir: See ¶ 8.J. above. M. Douglas Reservoir: See ¶ 8.J. above. N. Cobb Lake: See ¶ 8.J. above. O. Chambers Lake: Water Supply & Storage Company, P.O. Box 1584, Ft. Collins, CO, 80522 (hereinafter “WSSC”). P. WSSC Reservoir No. 2 & 3: See ¶ 8.O. above. Q. WSSC Reservoir No. 4: See ¶ 8.O. above. R. WSSC Reservoir No. 1: See ¶ 8.O. above. S. WSSC Reservoir No. 5: See ¶ 8.O. above. T. Lindemeier Lake: See ¶ 8.O. above. U. Black Hollow Reservoir: See ¶ 8.O. above. V. Kluver Reservoir: See ¶ 8.O. above. W. Curtis Lake: See ¶ 8.O. above. X. Long Draw Reservoir: See ¶ 8.O. above. Y. North Poudre Reservoir No. 1: North Poudre Irrigation Company, P.O. Box 100, Wellington, CO 80549 (hereinafter “NPIC”). Z. North Poudre Reservoir No. 2: See ¶ 8.Y. above. AA. North Poudre Reservoir No. 3: See ¶ 8.Y. above. BB. North Poudre Reservoir No. 4: See ¶ 8.Y. above. CC. North Poudre Reservoir No. 5: See ¶ 8.Y. above. DD. North Poudre Reservoir No. 6: See ¶ 8.Y. above. EE. North Poudre Reservoir No. 15: See ¶ 8.Y. above. FF. North Poudre Reservoir No. 13: See ¶ 8.Y. above. GG. Mountain Supply Reservoir No. 16: See ¶ 8.Y. above. HH. Mountain Supply Reservoir No. 18: See ¶ 8.Y. above. 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 April 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 $70.00 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.