DISTRICT COURT, WATER DIVISION 1, COLORADO JANUARY 2010 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 JANUARY 2010 for each County affected. 10CW2 LARRY W. AND JANIS I. HASE, 8573 W. 68th Place, Arvada, CO 80004. Telephone: (303) 421-0974. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: January 14, 2004 in case no. 96CW707 in Water Division 1. Well, located NW1/4, SW1/4, S23, T9S, R75W of the 6th PM at a distance 2160 feet from South and 960 feet from West. Street address: 114 Ithaca Ln. Subdivision: Indian Mountain, Lot 014. Source: Groundwater. Appropriation Date: March 31, 1973. Amount: 0.033 cfs (15 gpm), Conditional. Use: Household use only in a single family dwelling not including irrigation. Return flow to return to same system as well. To be operated pursuant to the terms and conditions of the augmentation plan approved in case no. W-7389, dated October 1, 1973. 10CW3 JAMES AND MARILYN EDMISTON, 1950 S. 200 WEST, #38, BOUNTIFUL, UT 84010. Telephone: (801) 292-5964. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-15-2004 in case no. 96CW510 in Water Division 1. Edmiston Well located NW1/4, NE1/4, S23, T9S, R75W of the 6th PM at a distance 1100 feet from North and 2190 Feet from East. Street address: 486 Pueble Drive. Subdivision: Indian Mountain, Lot 071, Filing 9. Source: Groundwater. Date of appropriation: March 31, 1973. Amount: 0.033 cfs, (15 gpm), Conditional. Use: House use only in a single family dwelling, not including irrigation. The return flow from such uses shall be returned to the same stream system to which the well is located. 10CW4 ELEANOR ANN HOWARTH AND KELLEY L. TOMSETT, 6702 TAM O’SHANTER LN, HOUSTON, TX 77036. Telephone: (313) 776-1539. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-22-2004 in case no. 96CW858 in Water Division 1. Howarth Well, Lot 227 located SW1/4, SW1/4, S26, T9S, R75W of the 6th PM. Street address: 321 Blackfoot Drive. Subdivision: Indian Mountain, Lot 227, Filing 27. Source: Groundwater. Appropriation date: 03-31-73. Amount: 15 gpm. Use: Household. Howarth Well, Lot 222 located SE1/4, SE1/4, S23, T9S, R75W of the 6th PM. Street address: 1486 Chieftrail. Subdivision: Indian Mountain, Lot 222, Filing 27. Source: Groundwater. Appropriation date: 03-31-73. Amount: 15 gpm. Use: Household. 10CW5 EDDIE FITZPATRICK, PO BOX 17160, BOULDER, CO 80308. Telephone: (303) 906-5058. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-14-2004 in case no. 96CW547 in Water Division 1. Fitzpatrick Well located NW1/4, NW1/4, S15, T9S, R75W of the 6th PM. Street address: 215 Hangmans Ct.. Subdivision: Indian Mountain, Lot 212. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs (15 gpm). Use: Single family dwelling, 10CW6 CAROLYN HELSTROM, 1474 E. NICHOLS DRIVE, CENTENNIAL, CO 80122. Telephone: (720) 212-7315. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-22-2004 in case no. 96CW861 in Water Division 1. Helstrom Well located SE1/4, NE1/4, S29, T9S, R75W of the 6th PM. Street address: 217 Shoshone Drive. Subdivision: Indian Mountain, Lot 71, Filing 2. Source:

Groundwater. Appropriation date: March 31, 1973. Use: Household use only in single family dwelling not including irrigation. 10CW7 THOMAS AND RICHARD WEBER, 314 N. LAKE ST., AURORA, IL. 60506. Telephone: (630) 897-4500. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 12-22-2003 in case no. 96CW535 in Water Division 1. Weber Well located SW1/4, NW1/4, S34, T9S, R75W of the 6th PM at a distance 22.50 feet from North and 20.00 feet from West. Subdivision: Indian Mountain, Lot 41, Filing 18. Source: Groundwater. Appropriation date: 3-31-1973. Amount: 0.033 cfs (15 gpm), Conditional. Use: Household use only in single family dwelling not including irrigation. 10CW8 ARNOLD AND MAUREEN UNDZIS, 10667 ABBOTSWOOD CT., HIGHLANDS RANCH, CO 80129. Telephone: (303) 683-9633. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Date of original decree: 01-14-2004 in case no. 96CW554 in Water Division 1. Killian Well located SE1/4, NW1/4, S14, T9S, R75W of the 6th PM at a distance 2440 feet from North and 1900 feet from West. Street address: 1324 Palomino Rd. Subdivision: Indian Mountain, Lot 408, 26 Unit. Source: Groundwater. Appropriation Date: March 31, 1973. Amount: 0.033 cfs (15 gpm). Use: Household use only in single family dwelling. Depth: 1200 feet. Began using well 08-27-2007. 10CW9 CHARLES DURLAND, 13635 E. BATES AVE., UNIT 407, AURORA, CO 80014. Telephone: (303) 752-3560. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-14-2004 in case no. 96CW610 in Water Division 1. Durland Well located NW1/4, NW1/4, S35, T9S, R75W of the 6th PM at a distance 120 feet from North and 560 feet from West. Street address: 738 Haida Lane. Subdivision: Indian Mountain, Lot 5, Block 21. Source: Groundwater. Appropriation Date: 03-31-1973. Amount: 0.033 cfs (15 gpm), Conditional. Use: Household- single family. 10CW10 JOHN D. SMART, 6115 W. MANSFIELD AVE., UNIT 240, DENVER, CO 80235. Telephone: (303) 933-9711. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: January 14, 2001 in case no. 96CW541 in Water Division 1. Smart Lot 295 Well located SW1/4, SE1/4, S10, T9S, R75W of the 6th PM at a distance approximately 800 feet from South and 2460 feet from East. Street address: 285 Harlan Rd. Subdivision : Indian Mountain, Lot 295, Filing 26, Unit 2. Source: Groundwater. Appropriation date: March 31 ,1973. Amount: 0.033 cfs (15 gpm), Conditional. Use: Household use only in a single family dwelling, not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located. 10CW11 ROBERT AND MARY CHRISTINE DUNIVANT, 3880 GARLAND ST., WHEAT RIDGE, CO 80033. Telephone: (303) 420-8684. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Date of original decree: 01-22-2004 in case no. 96CW598 in Water Division 1. Dunivant Well located SW1/4, NW1/4, S26, T9S, R75W of the 6th PM at a distance 1650 feet from North and 1235 feet from West. Street address: 433 Chippewa Road. Subdivision : Indian Mountain, Lot 06, Filing 20. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 1.5 gpm. Use: Household use only in a single family dwelling not including irrigation. The return flow from such uses shall be returned to the same stream system to which the well is located. Depth: 480 ft. Claim to make absolute: Date water applied to beneficial use: 10-05-2004. Amount: 1.5 gpm. Well completed. 10CW12 MATTHEW E. LEVINE, 105 WOLF PRAIRIE, UNIVERSAL CITY, TX 78148. Telephone: (210) 945-9931. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY.

Date of original decree: March 4, 2004 in case no. 96CW1170 in Water Division 1. Levine Well located NW1/4, NW1/4, S34, T9S, R75W of the 6th PM at a distance 695 feet from North and 915 feet from West. Subdivision: Elkhorn Ranches, Lot 154, Filing 05. Source: Groundwater. Appropriation date: December 31, 1975. Amount: 5 gpm. Use: Household use only in a single family dwelling not including irrigation. The return flow is returned to same stream system in which well is located. Depth: 283 feet. Date water applied to beneficial use: 06-15-2009. Amount: 5 gpm. Well drilled. 10CW13 DENNIS GAMEROS, 3125 S. LOGAN ST., ENGLEWOOD, CO 80113. Telephone: (303) 761-0757. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-22-2004 in case 96CW597 in Water Division 1. Gameros Well located NW1/4, SE1/4, S27, T9S, R75W of the 6th PM. Street address: 1090 Arrowhead Drive. Subdivision: Indian Mountain, Lot 02, Filing 12. source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs (15 g pm) Conditional. Use: Household use only. 10CW14 ROBERT P. AND JOAN MEIRICK, BOX 298, FRISCO, CO 80443. Telephone: (970) 668-5843. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-14-2004 in case no. 96CW545 in Water Division 1. Meirick Lot 078 Well located NE1/4, SW1/4, S35, T9S, R75W of the 6th PM at a distance 2220 feet from South and 2560 feet from West. Street address: 123 Idaho Ct. Subdivision: Indian Mountain, Lot 078, Filing 23. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs (15 gpm) Conditional. Use: Household use only. 10CW15 FRANK L AND RUTHANN B. MACOLINI, PO BOX 480, CONIFER, CO 80433-0480. Telephone: (303) 838-0248. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-14-2004 in case no. 96CW536 in Water Division 1. Macolini Lot 264 Well located NW1/4, SE1/4, S10, T9S, R75W of the 6th PM at a distance 1880 feet from South and 1850 feet from East. Street address: 1840 Breton Circle. Subdivision: Indian Mountain, Lot 264, Unit 2. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs (15 gpm). Use: Household use only in a single family dwelling, not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located. 10CW16 (03CW027). BEAR RANCH , LLLP, c/o Jean Bear, 9945 Wolff Street, Westminster, CO 80030, (303) 469-4708. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY, COLORADO. .1. Name, address and telephone number of applicant: Bear Ranch, LLLP, c/o Jean Bear, 9945 Wolff Street, Westminster, CO 80030, (303) 469-4708. Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structures: (a) Bear Mountain Ridge Subdivision Well Nos. 1 through 12 (the “Wells”), (b) Bear Mountain Ridge Subdivision Exchange (the “Exchange”). 3. Description of conditional water rights: (a) The Wells were decreed conditional water rights for 50 gpm each by decree of this Court entered on January 14, 2004, in Case No. 03CW027. Well Nos. 1 through 7 are decreed for domestic, landscape irrigation, horse watering and firefighting purposes. Well Nos. 8 through 12 are decreed for commercial, landscape irrigation and firefighting purposes. The source of water is groundwater from fractured granite and other groundwater sources tributary to Elk Creek, a tributary of the North Fork of the South Platte River. The appropriation date for each well is January 31, 2003. The Wells are located Lots 23 through 30 of the Bear Mountain Ridge Subdivision located in the NE1/4NW1/4 of Section 1 and Government Lot 4, T. 7 S., R. 72 W. of the 6th P.M., Park County, Colorado. (b) The Exchange was also decreed by this Court on January

14, 2004, in Case No. 03CW027. The Exchange was decreed a conditional appropriative right of exchange at the rate of 2 gpm (0.0044 cfs), with an appropriation date of January 31, 2003, with an annual maximum of 1.16 acre feet. The Exchange is from the confluence of Elk Creek and the North Fork of the South Platte River, up Elk Creek to its confluence with Jones Gulch, and then up Jones Gulch to the Bear Mountain Ridge Subdivision. 4. Diligence Activities. Since entry of the decree in Case No. 03CW027, Applicant has undertaken the following specific activities that demonstrate diligence with respect to the subject conditional water rights: (a) Applicant completed the infrastructure for the Bear Ranch Ridge Subdivision, including construction of internal roads, drainage ponds and other improvements. Applicant has expended in excess of $400,000 on the development and marketing of the subdivision since 2003. (b) Applicant completed the purchase of the water rights from North Fork Associates of the augmentation water used in the subject augmentation plan, at a cost of $55,790. (c) Applicant created and recorded the Declaration of Protective Covenants for the Subdivision, as required in the decree for the subject rights. (d) Applicant sold two of the lots in the Subdivision, and is actively marketed the remaining lots. (e) Applicant has maintained its rights in the water that provides an augmentation and exchange source for the subject conditional water rights. WHEREFORE, Applicant requests that the Court enter a finding of reasonable diligence with respect to the conditional water rights described herein. 10CW17 DANIEL AND CHRISTEN TOWLE, 11415 MANOR, LEAWOOD, KS 66211. Telephone: (913) 661-0829. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 02-24-2004 in case no. 96CW759B in Water Division 1. Towle Well located SE1/4, SW1/4, S14, T9S, R74W of the 6th PM. Street address: 1275 Al Gulch Road. Subdivision: Lost Park Ranch, Lot 203, Filing 1. Source: Groundwater. Appropriation date: June 30, 1977. Amount: 15 gpm, Conditional. Use; Single family dwelling. 10CW18 THE ORR FAMILY TRUST, JAMES H. ORR, TRUSTEE, 4414 VINE ST., DENVER, CO 80216. Telephone: (303) 294-9211. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-22-2004 in case no. 96CW632 in Water Division 1. Orr Well, Lot 35 located SE1/4, NW1/4, S22, T9S, R75W of the 6th PM at a distance 1880 feet from North and 2300 feet from West. Street address: 398 War Ln. Subdivision: Indian Mountain, Lot 35, Filing 6. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs (15 gpm). Use: Household use only in a single family dwelling, not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located. 10CW19 THE ORR FAMILY TRUST, JAMES H. ORR, TRUSTEE, 4414 VINE ST., DENVER, CO 80216. Telephone: (303) 294-9211. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-22-2004 in case no. 96CW631 in Water Division 1. Orr Well, Lot 17 located SE1/4, NW1/4, S22, T9S, R75W of the 6th PM at a distance 2040 feet from North and 2560 feet from West. Street address: 451 Gitche Goone Ln. Subdivision: Indian Mountain, Lot 17, Filing 6. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs (15 gpm). Use: Household use only in a single family dwelling, not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located. 10CW20 WERNER WITTMANN, 161 CHIPPEWA RD, JEFFERSON, CO 80456. Telephone: (719) 836-1821. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Date of original decree: 01-15-2004 in case no. 96CW710 in Water Division 1. Well, located SW1/4, NW1/4, S26, T9S, R75W of the 6th PM at a distance 2560 feet from North and 1140 feet

from West. Street address: 161 Chippewa Rd. Subdivision: Indian Mountain, Lot 10, Block 20. Source: Groundwater. Appropriation date: March 31, 1973. Depth: 550 ft. Date water applied to beneficial use: 11-02-2004. Amount: 15 gpm. Use: Dwelling. 10CW21 GERALD AND MERLE LEE, 21287 E. 115TH AVE., COMMERCE CITY, CO 80022. Telephone: (303) 659-7662. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-22-2004 in case no. 96CW853 in Water Division 1. Lee Well located SW1/4, SW1/4, S35, T9S, R75W of the 6th PM. Street address: 926 Kiowa St. Subdivision: Indian Mountain, Lot 156, Block 18. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs. Use: Household use in single family dwelling. 10CW22 BRADLEY A. SONDAY, 1318 CROWS PASS, PRATTVILLE, AL 36067. Telephone: (334) 491-2700. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 02-17-2004 in case no. 96CW814 in Water Division 1. Sonday Well located SW1/4, NW1/4, S35, T9S, R75W of the 6th PM. Street address: 235 Folsom Drive. Subdivision: Indian Mountain, Lot 56, Filing 22. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs (15 gpm). Use: Household. 10CW23 EUGENE A MOISEY, SR., 13903 W. 20TH PL., GOLDEN, CO 80401-2103. Telephone: (303) 278-3322. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Date of original decree: 01-14-2004 in case no. 96CW513 in Water Division 1. Moisey Well, permit 68733 located SW1/4, NW1/4, S11, T9S, R75W of the 6th PM at a distance 2500 feet from South and 160 feet from West. Street address: 679 Mustang Rd. Subdivision: Indian Mountain, Lot 454, Filing 26. Source: Groundwater. Appropriation date: March 31, 1973. Date water applied to beneficial use: 11-24-2009. Amount: 10 gpm. Use: Household use only. Well completed. 10CW24 MPT TRUST & GREGORY TEMPLE, PO BOX 1732, IDAHO SPRINGS, CO 80452-1732. Telephone: (303) 567-0282. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 12-22-2003 in case no. 96CW602 in Water Division 1. MPT Trust Well located NW1/4, NW1/4, S35, T9S, R75W of the 6th PM. Subdivision: Indian Mountain, Lot 63, Filing 15. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs, (15 gpm), Conditional. Use: Household use only in a single family dwelling, not including irrigation. Return shall be to same stream system. 10CW25 FRANK L AND RUTHANN B. MACOLINI, PO BOX 480, CONIFER, CO 80433-0480. Telephone: (303) 838-0248. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-14-2004 in case no. 96CW537 in Water Division 1. Macolini, Lot 265 Well located SW1/4, SE1/4, S10, T9S, R75W of the 6th PM at a distance 1220 feet from South and 1640 feet from East. Street address: 1990 Breton Circle. Subdivision: Indian Mountain, Lot 265, Unit 2. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs (15 gpm). Use: Household use only in a single family dwelling, not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located. 10CW26 DAVID E. AND CHERI L. ESSLINGER, 376 CARMEN ST., LOUISVILLE, CO 80027. Telephone: (303) 666-9120. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-15-2004 in case no. 96CW752

in Water Division 1. Esslinger Well located SW1/4, SW1/4, S34, T9S, R75W of the 6th PM at a distance 760 feet from South and 680 feet from West. Street address: 2164 Warrior Circle, Como, CO 80432. Subdivision: Indian Mountain, Lot 96, Filing 18. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 15 gpm, Conditional. Use: Household use only in a single family dwelling, not including irrigation. The return flow from such uses shall be returned to the same stream system. 10CW27 ARLO AND SIGNE NIELSEN, 4700 S. CHEROKEE ST., ENGLEWOOD, CO 80110. Telephone: (303) 789-2655. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 03-08-2004 in case no. 96CW667 in Water Division 1. Nielsen Well located NW1/4, NW1/4, S23, T9S, R75W of the 6th PM. Street address: 605 Wampum Lane. Subdivision: Indian Mountain, Lot 1, Filing 7. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 15 gpm. Use: Household use only. 10CW28 EDWIN T. AND IRENE M. UNDERWOOD, 1921 ORCHARD DR., DENVER, CO 80221-7730. Telephone: (303) 429-8569. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-14-2004 in case no. 96CW669 in Water Division 1. Structure located NW1/4, NE1/4, S22, T9S, R75W of the 6th PM at a distance 1200 feet from North and 2280 feet from East. Street address: 134 War Ct. Subdivision: Indian Mountain, Lot 066, Filing 6. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs (15 gpm). Use: Household only in a single family dwelling. 10CW29 (03CW191) (94CW149); Missionary Sisters of the Sacred Heart. Applicant, the Missionary Sisters of the Sacred Heart (“Applicant”), by and through its undersigned counsel, respectfully submits this Application for Finding of Reasonable Diligence in JEFFERSON COUNTY, Colorado., and as grounds therefore states as follows: 1. Name and address of applicant. Missionary Sisters of the Sacred Heart, c/o Jeff Lewis, Mother Cabrini Shrine, 20189 Cabrini Boulevard, Golden, CO 80401. Copies of all pleadings to: Richard A. Johnson, Stephen C. Larson, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. 2. Name of structure: Mother Cabrini Spring No. 4 (a/k/a the Jackson Gulch Spring). 3. Description of conditional water rights: A. Previous decrees. The water rights that are the subject of this application were originally decreed by the Water Court in and for Water Division No. 1, State of Colorado (“Water Court”) in Case No. 94CW149 on April 30, 1997. A finding and ruling of reasonable diligence was decreed by the Water Court in Case No. 03CW191 on January 14, 2004. B. Location. This spring is located in the SW1/4 of the NE1/4 of Section 16, T.4 S., R. 70 W., of the 6th P.M., Jefferson County, Colorado, at a point approximately 1,500 feet from the East section line and 2,000 feet from the North section line of said Section 16. The spring location is depicted on the map attached hereto as Exhibit A. C. Source. The source of water for Mother Cabrini Spring No. 4 is spring water tributary to Jackson Gulch, tributary to Lena Gulch, tributary to Clear Creek, tributary to the South Platte River. D. Appropriation Date. August 15, 1950. E. Amount and Uses. The Mother Cabrini Spring No. 4 is decreed for 2.0 gpm conditional for domestic, commercial, irrigation and religious purposes. 4. Detailed description of work performed to complete the application of water to a beneficial use: Applicant owns and operates the Mother Cabrini Shrine property located in Sections 16 and 21, Township 4 South, Range 70 West of the 6th P.M. Pursuant to the decree entered by the Water Court on April 30, 1997 in Case No. 94CW149, Applicant obtained approval for its plan for augmentation and certain water rights were awarded and decreed to Applicant, including a conditional water right for Mother Cabrini Spring No. 4. During the subject diligence period (January, 2004 through January, 2010), Applicant has undertaken the following work toward applying Mother Cabrini Spring No. 4 to beneficial use: A. Applicant has cleared the trees and brush from the area surrounding the Mother Cabrini Spring No. 4 in order to improve access to and maintenance of

the spring site and allow for development of the subject water right. Applicant has contacted an excavator to prepare a bid for construction of a collection gallery and storage cistern system. B. In November of 2008, approximately 1,700 feet of water line connecting Mother Cabrini Spring No. 3 and Mother Cabrini Spring No. 1 was replaced because of multiple failures that prohibited the transportation of water from Mother Cabrini Spring No. 3 to the treatment facility located near Mother Cabrini Spring No. 1. The total cost of this project was approximately $16,417.00 (approximately $1,596 for materials and $14,821 for excavation work). C. In June and July of 2008, Applicant replaced and installed a new pump control box on Mother Cabrini Spring No. 3 at a cost of approximately $100.00. D. Applicant has spent approximately $300 to $500 annually in maintenance and repair of the chlorination and filter systems for the treatment facility located near Mother Cabrini Spring No. 1 where water from Mother Cabrini Spring Nos. 1, 2 and 3 is transported, treated and delivered to the storage tank. E. Applicant’s water rights and water supply system consists of many integrated components such that work performed on one part of the system benefits and constitutes diligence with respect to all other conditional components of the system. WHEREFORE, Applicant requests that the Court find that the matters stated above constitute a sufficient demonstration of reasonable diligence by Applicant in placing such water to a beneficial use, and for all such further and other relief as the Court may deem appropriate in the premises. 10CW30 CICERO FAMILY TRUST, 1782 SOUTH NOME WAY, AURORA, CO 80012. Telephone: (303) 755-9686. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree 01-14-2004 in case no. 96CW722 in Water Division One. Kenosha Well (Lot 13) located SW1/4, NW1/4, S28, T9S, R75W of the 6th PM at a distance 2000 feet from North and 580 feet from West. Kenosha Well (Lot14) located SW1/4, NW1/4, S28, T9S, R75W of the 6th PM at a distance 2050 feet from North and 110 feet from West. Subdivision: Indian Mountain, Lot 13 & 14. Source: Groundwater. Appropriation date: March 31, 1973. Amount: Proposed 15 gpm. Use: Household. Depth: Proposed 300 feet for lot 13 and lot 14. 10CW31 Robert A. Elkins and Judy A. Elkins, 6322 N. Flintwood Rd, Parker, CO 80134, Lisa S. Weinstein, Esq , #35668, c/o Colorado Water Plans, P.O. Box 1955, Elizabeth, CO 80107, Telephone (303) 646-3895 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON IN DOUGLAS COUNTY. 2. Well Permits: There are two wells, permit #238200 and 2338-A. Appropriate well permits will be applied for when Applicant is prepared to drill additional wells. 3. The wells which will withdraw groundwater from the nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers and the not nontributary Upper Dawson aquifers are to be located on subject properties located in Douglas County and described as follows: Property A is located in the E/2 of the NW/4 of the SW/4, Section 9, Township 7, Range 65 West of the 6th P.M. and is approximately 20 acres; Property B is located in the S/2 of the N/2 of the W/2 of the NW/4 of the SW/4, less 30 feet and the S/2 of the W/2 of the NW/4 of the SW/4 less W 30’, Section 9, Township 7, 65 West of the 6th P.M. and is approximately 14.32 acres; Property C is located in the NE/4 of the SW/4 of Section 9, Township 7, Range 65 West of the 6th P.M. and is approximately 13.461 acres. Well permit 238200 is located on Property C; Property D is located in the W/2 of the SE/4 and tract in the E/2 of the SW/4, Section 9, Township 7, Range 65 West of the 6th P.M. and is approximately 96.007 acres; Property E is located in the N/2 of the SW/4 of the SW/4 of Section 9, Township 7, Range 65 West of the 6th P.M. and is approximately 1.379 acres; Property F is located in the SW/4 of the SW/4 of Section 9, Township 7, Range 65 West of the 6th P.M. and is approximately 10.657 acres; Property G is located in the E/2 of the SW/4, Section 9, Township 7, Range 65 West of the 6th P.M. and is approximately 24.343 acres. The

total area of water rights on the applicants land is 180 acres. No specific locations for the proposed wells are requested. Specific locations for additional wells will be provided when applications for well permits are submitted. 4. Source of Water Rights: The sources of the nontributary groundwater to be withdrawn are the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. The source of the not nontributary groundwater to be withdrawn is the Upper Dawson aquifers. 5. Date of Appropriation: 11-6-1958. 6. Estimated Amounts (acre feet per year): Upper Dawson (66.7 AF), Lower Dawson (23.4), Denver (89.1), Arapahoe (73.5) and Laramie-Fox Hills (50.5) aquifers. The groundwater will be used for Domestic purposes. 7. Well Field: The wells which will withdraw groundwater from the proposed Well Field are to be located on the Applicant’s property. The Applicant requests that the Court determine that the applicant has the right to withdraw all of the legally available groundwater from wells that may be completed in the future as the Applicant’s Well Field. 8. Proposed use: All water withdrawn will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: unified municipal water systems, municipal, domestic, industrial, commercial, irrigation, augmentation, stock watering, recreational, fire protection, water feature ponds and piscatorial habitat less than 1000 square feet, and wildlife. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 9. Jurisdiction: The Water Court retains jurisdiction over the the material in this application. 10. The use of not nontributary water from future wells shall be subject to judicial approval of an augmentation plan which will be applied for at such time as additional wells may be proposed and permitted. 11. Remarks: Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 6 plus an amount of groundwater in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of a decree, which ever occurs first, times the decreed average annual amount for that aquifer. 12. Number of pages of Application: 4 pages. 10CW32 STANLEY E. AND GENEVIEVE A. GORDON, 7524 S. East Cherry Creek Road, Franktown, CO 80116, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS AND IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN DOUGLAS COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is 360 acres of land located in part of the SE1/4 of Section 20, T9S, R65W, lying east of S. East Cherry Creek Road, and the NW1/4SW1/4; SW1/4NW1/4; SE1/4NW1/4; and the NE1/4 of Section 21, T9S, R65W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are

representative of the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 236 feet 170 acre-feet (NNT) Lower Dawson 173 feet 124 acre-feet (NT) Denver 243 feet 148 acre-feet (NT) Arapahoe 253 feet 154 acre-feet (NT) Laramie-Fox Hills 189 feet 115 acre-feet (NT) Applicants will reserve part of the Upper Dawson aquifer water which may be available for use through existing exempt wells and additional exempt wells. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicants well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with Section 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein. B. The groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater, and the groundwater in the Upper Dawson aquifer is not nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. 10CW33 B. B. Peterson & Sons Inc., Gene Peterson and Bettie Peterson, 25454 MCR 32, Snyder, Colorado 80570. Telephone (970) 847-3762. Application for Change of Water Rights in MORGAN COUNTY. 2. Decreed Name of Structures. Peterson Well No. 3-10386 and Peterson Well No. 4-10382 (Wells). 3. Previous Decrees. A Decree was entered in Case No. W-2033, Water Division No. 1 on April 14, 1977 for Peterson Wells No. 3 and 4. 3.1. Peterson Well No. 3 is decreed in the SW1/4 SW1/4 Section 28, Township 5 North, Range 55 West of the 6th P.M., Morgan County, Colorado, at a point 440 feet from the South section line and 475 feet from the West section line of said Section 28. 3.2. Peterson Well No. 4 is decreed in the NW1/4 SW1/4 Section 28, Township 5 North, Range 55 West of the 6th P.M., Morgan County, Colorado, at a point 1375 feet from the South section line and 475 feet from the West section line of said Section 28. 3.3. The Wells are decreed for irrigation of the SE1/4 of SE1/4, the SW1/4 of NE1/4 and the W1/2 of SE1/4 of Section 27; the N1/2, the W1/2 of SW1/4, the E1/2 of SW1/4 and the NW1/4 of SE1/4 of Section 28; the W1/2 of NW1/4, the E1/2 of NW1/4 and the S1/2 of

NE1/4 of Section 33; the SW1/4 of NW1/4 and the NW1/4 of NW1/4 of Section 34, all in Township 5 North, Range 55 West of the 6th P.M., Morgan County, Colorado, consisting of approximately 676 acres, along with Peterson Wells No. 1, 2, 5 and 6. See Figures 1 and 3. 3.4. Augmentation Plan. The Wells are augmented pursuant to the augmentation plan decreed in Case No. 81CW407 to Pioneer Water and Irrigation, Inc. 4. Historical Use. The Wells have been used to irrigate 676 acres along with Peterson Wells No. 1, 2, 5 and 6. 5. Peterson Well No. 3 was issued Permit No. R10386-RF on August 23, 1978. See Exhibit 1. The permit allowed relocation of the well to the SW1/4 SW1/4 Section 28, Township 5 North, Range 55 West of the 6th P.M., Morgan County, Colorado, at a point 1175 feet from the South section line and 300 feet from the West section line of said Section 28 and the well was redrilled and now diverts at that location. 6. Peterson Well No. 4 was issued Permit No. R10382-RF on April 19, 1973. See Exhibit 2. The permit allowed relocation of the well to the NW1/4 SW1/4 Section 28, Township 5 North, Range 55 West of the 6th P.M., Morgan County, Colorado, at a point 2190 feet from the South section line and 480 feet from the West section line of said Section 28 and the well was redrilled and now diverts at that location. 7. Proposed Change. Applicant seeks to change the location of Peterson Well No. 3 to the permitted location in ¶5 and to change the location of Peterson Well No. 4 to the permitted location in ¶6. See Figure 3. The change is required pursuant to the Rules of the State Engineer since the Wells have been moved more than 200 feet from their locations decreed in W-2033. 8. Name and Address of Owners of Structures. Applicants own Peterson Wells No. 3 and 4.

10CW34 MARK A. AND CONNIE M. ROBBEN, 39553 County Road 21, Elizabeth, CO 80107, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS, UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells to withdraw the groundwater that is the subject of the application. 3.Legal Description of Subject Property: The well which will withdraw groundwater from the not nontributary Upper Dawson aquifer will be located at any location on 40 acres of land being the SE1/4NE1/4 of Section 17, T7S, R64W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The estimated average annual amount of withdrawal is based on the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate that based on an average saturated thickness of 118 feet, there is approximately 9.5 acre-feet per year of not nontributary Upper Dawson aquifer groundwater available underlying the Subject Property. Applicants will reserve 3 acre-feet per year of the amount available for continued use through exempt Well Permit No. 222952. 6. Proposed Use: Applicants will use all water withdrawn from the subject aquifer for domestic, irrigation, stockwatering, commercial, and augmentation purposes,l including storage. 7. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to Sections 37-92-302(2), and 37-90-137(6), C.R.S. 8. Description of plan for augmentation: A. Groundwater to be augmented: All available not nontributary Upper Dawson aquifer groundwater to be decreed as described in paragraph 5 above (estimated to be approximately 6.5 acre-feet per year). B. Water rights to be used for augmentation: Direct discharge or return flows from use of nontributary Lower Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifer groundwater underlying the Subject Property as decreed in Case No. 88CW119, Water Division 1. Applicants are the owners of the following amounts of nontributary groundwater underlying the Subject Property: Aquifer Annual Amount

Lower Dawson 4.4 acre-feet Denver 16.0 acre-feet Arapahoe 20.4 acre-feet Laramie-Fox Hills 10.5 acre-feet C. Statement of plan for augmentation: Applicants will use the Upper Dawson water for inhouse use in up to 2 single family residences (0.8 acre-feet per year), irrigation of lawn, garden, and trees located anywhere on the Subject Property, and to supply a tree farm (5 acre-feet), stockwatering of 16 large domestic animals (0.2 acre-feet), and storage (0.5 acre-feet). Applicants reserve the right to amend these values based on final planning of the Subject Property or the final amount of water available for decree. Sewage treatment for inhouse use is provided by a non-evaporative septic system. Return flow from inhouse use will be approximately 90% of water used for that purpose and return flow from irrigation use will be approximately 10% of water used for that purpose. Stockwatering and storage is considered to be 100% consumptively used. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that actual depletion may occur to the Running Creek stream system. Return flows from use of the water via that stream system will accrue to the South Platte River system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater as described above to meet post pumping augmentation requirements. 9. Request for underground water rights pursuant to Section 37-92-602(4), C.R.S.: Well Permit No. 222952, permitted pursuant to Section 37-92-602(3)(b)(II)(A) (Attachment B); Priority and Appropriation Date: January 21, 2000; Source and Well Depth: Upper Dawson aquifer/350 feet deep; Amount: 14 gpm/3 acre-foot (absolute); Use: Household use in not more than three single family dwellings, irrigation of not more than one acre of home gardens and lawn, and watering of domestic animals; Legal Description: In the SE1/4NE1/4 of Section 17, T7S, R64W of the 6th P.M., approximately 1700 feet from the north section line and 500 feet from the east section line.10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B.Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifer based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application and approving the plan for augmentation requested herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with Section 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained 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 Applicants’ property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 10CW35, Stonegate Village Metropolitan District, c/o Mitch Chambers, District Manager, Mulhern MRE, Inc., 2 Inverness Drive East, Suite 200, Englewood, CO 80112, (303) 649-9857. (Steven P. Jeffers, Esq., Madoline Wallace-Gross , Esq., Lyons Gaddis Kahn & Hall, PC, P.O.

Box 978, Longmont, CO 80502-0978, 303-776-9900) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN DOUGLAS COUNTY. 2. Names of structures: Stonegate Wells ALL-1, ALL-2, and ALL-3. 3. Description of conditional water rights: 3.1. Previous decrees: The District Court, Water Division No. 1 entered the original decree in Case No. 89CW136 on March 5, 1996 and a diligence decree in Case No. 02CW052 on January 14, 2004. 3.2 Description of WELL ALL-1: 3.2.1. Location: NW1/4 NE1/4, Section 16, Township 6 South, Range 66 West, 6th P.M., 200 feet from the North Section Line, 2,450 feet from the East Section Line. 3.2.2. Source: Alluvium of Cherry Creek. 3.2.3. Appropriation Date: September 11, 1989. 3.2.4. Amount: 1,200 g.p.m.; Conditional. 3.2.5. Use: Municipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection, and other beneficial uses in connection with the Stonegate Planned Development. Water will be withdrawn and used for immediate application to beneficial uses, storage, and subsequent application to beneficial use, substitution and exchange, replacement of depletions resulting from use of water from other sources, and for all other augmentation purposes. 3.2.6. Depth: 110 feet. 3.3. Description of WELL ALL-2: 3.3.1. Location: NW1/4 NE1/4, Section 16, Township 6 South, Range 66 West, 6th P.M., 1,050 feet from North Section Line and 2,350 feet from East Section Line. 3.3.2. Source: Alluvium of Cherry Creek. 3.3.3. Appropriation Date: September 11, 1989. 3.3.4. Amount: 1,200 g.p.m.; Conditional. 3.3.5. Use: Municipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection, and other beneficial uses in connection with the Stonegate Planned Development. Water will be withdrawn and used for immediate application to beneficial uses, storage, and subsequent application to beneficial use, substitution and exchange, replacement of depletions resulting from use of water from other sources, and for all other augmentation purposes. 3.3.6. Depth: 110 feet. 3.4. Description of WELL ALL-3: 3.4.1. Location: SW1/4 NE1/4, Section 16, Township 6 South, Range 66 West, 6th P.M., 2,250 feet from North Section Line and 1,800 feet from East Section Line. 3.4.2. Source: Alluvium of Cherry Creek. 3.4.3. Appropriation Date: September 11, 1989. 3.4.4. Amount: 1,200 g.p.m.; Conditional. 3.4.5. Use: Municipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection, and other beneficial uses in connection with the Stonegate Planned Development. Water will be withdrawn and used for immediate application to beneficial uses, storage, and subsequent application to beneficial use, substitution and exchange, replacement of depletions resulting from use of water from other sources, and for all other augmentation purposes. 3.4.6. Depth: 110 feet. 3.5. Location of structures: The well locations are shown on Attachment A. 4. Work done toward completion of the appropriation during the subject diligence period: Stonegate prepared a master plan for use of water from its alluvial wells under its plan for augmentation, participated with other Cherry Creek municipal water providers in a study of available ground water in the alluvial aquifer, inspected its monitoring holes and measured ground water levels and stream flow near the wells, and reviewed water court applications for potential impact on its wells. The total cost of those activities during the current diligence period exceeded $41,300. 5. If a claim to make absolute, water applied to beneficial use: None. 6. Owner of land upon which the structures are located: The wells will be located on land owned by the Town of Parker, 20120 E. Mainstreet, Parker, CO 80138 and Douglas County, 100 Third Street, Castle Rock, CO 80104. WHEREFORE, Applicant respectfully requests the Court enter a decree finding that Applicant is entitled to a finding of reasonable diligence and continuing the conditional water rights for another six years. (6 pages) 10CW36 PLATTE RIVER RANCH ESTATES WATER AND ROAD ASSOCIATION, c/o Doug Anderson, P.O. Box 1282, Fairplay, Colorado 80440-1282, (719)-836-3420 (Veronica A. Sperling, Buchanan and Sperling, P.C., 7703 Ralston Road, Arvada, Colorado 80002, (303) 431-9141, vsperling@tbvs.net). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. 2. Name of structure: Cottage Grove Reservoir. 3. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree:

A. Date of original decree: June 29, 1977, Case No.: W-7853-74, Court: District Court, Water Division 1. B. Subsequent decrees awarding findings of diligence: Decrees finding reasonable diligence and/or making portions of the conditional water rights originally decreed in Case No. W-7853-74 absolute were previously entered in Case Nos. 83CW103 on December 3, 1986, 83CW232 on December 5, 1986, 87CW122 on October 6, 1988, 94CW178 on March 31, 1997 and 03CW137 on January 31, 2010. C. Legal description: Cottage Grove Reservoir inlet is located in the W1/2 of the NW1/4 of Section 19, T9S, R77W of the 6th P.M., Park County, Colorado, at a point whence the NW corner of said Section 19 bears N38 degrees 54 minutes15 seconds W, 1471.405 feet. D. Source: The Middle Fork of the South Platte River. E. Appropriation dates and amounts: August 31, 1969 – 4 acre-feet, ABSOLUTE, with the right to fill and refill CONDITIONAL; January 1, 1975 – 6 acre-feet, ABSOLUTE, with the right to fill and refill CONDITIONAL. F. Use: Non-consuming recreational and fish rearing, ABSOLUTE. Storage of waters under exchange or augmentation plans approved by the court, CONDITIONAL. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures: Cottage Grove Reservoir has been completed to its full decreed capacity of 10 acre-feet. It has an absolute decree for non-consuming recreational and fish rearing purposes. The decree of the District Court, Water Division 1, in Case No. W-7610-74 approved a plan for augmentation which contemplated the use of Cottage Grove Reservoir as a place of storage for the water to be used to augment the out-of-priority depletions resulting from the use of water at a planned development called Beaver Ridge. In 1993, Beaver Ridge, Ltd. replatted the southernmost 266 acres of the property into 22 single-family lots and an Outlot, under the name Platte River Ranch Estates. In connection with said replatting, Beaver Ridge, Ltd. filed an application (Case No. 93CW071) to amend the plan for augmentation decreed in Case No. W-7610-74 to provide for 22 domestic wells and related water use at Platte River Ranch Estates. The decree approving the amendment of the augmentation plan decreed in Case No. W-7610-74 was entered on July 5, 1994. Applicant acquired the interest of Beaver Ridge, Ltd. in the augmentation plan decreed in Case No. 93CW071 by deed dated August 11, 1994. There are currently seven residences at Platte River Ranch Estates and one additional residence under construction. By deed dated November 3, 2008 and recorded November 12, 2008, applicant acquired the remaining conditional water rights for Cottage Grove Reservoir owned by Beaver Ridge, Ltd., the original appropriator of the water rights. Prior to the date of such conveyance, Beaver Ridge, Ltd. continued to maintain and operate Cottage Grove Reservoir, including releases of augmentation water therefrom for applicant and others. Subsequent to the date of such conveyance, applicant has continued to maintain and operate Cottage Grove Reservoir, including employing a ditch rider, has retained counsel to advise it with respect to development of the remaining conditional water rights for Cottage Grove Reservoir and has continued to evaluate use of the conditional water rights for Cottage Grove Reservoir for their decreed purposes, including use for augmentation of out-of-priority well depletions from individual wells operated by applicant’s members under the augmentation plan decreed in Case No. 93CW071. Applicant expended approximately $1,000.00 on these activities during the diligence period. 5. If claim to make absolute: Not applicable. 6. Name and address of owner of land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. WHEREFORE, Applicant, Platte River Ranch Estates Water and Road Association, requests the Court to enter a decree finding that it has exercised reasonable diligence in the development of the conditional water rights for Cottage Grove Reservoir and continuing those conditional water rights in full force and effect for an additional diligence period.

10CW37 LARRY J. AND BARBARA A. BATT, 34321 PINE COURT, ELIZABETH, CO 80107. Telephone: (303) 646-1274. APPLICATION FOR UNDERGROUND WATER RIGHT IN ELBERT COUNTY. Batt Well, permit 54445, located SW1/4, SE1/4, S8, T8S, R64W of the 6th PM. Street address: 34321 Pine Court, Elizabeth, CO 80107. Subdivision: Pine Ridge, Lot 7, Block 3. Source: Dawson aquifer. Depth: 120 feet. Date of appropriation: March 1972. How appropriation was initiated: Applied for Well Permit. Date water applied to beneificial use: May 1972. Amount: 7 gpm, Absolute. Amount claimed in acre feet annually: 1 acre foot. Applicant desires to adjudicate all of the Denver Basin groundwater underlying applicants land including the Dawson, Denver, Arapahoe and Larimer-Fox Hills Aquifers. 10CW38 DONALD A. SR. AND DORIS THOMAS, 3005 W. TUFTS, ENGLEWOOD, CO 80110. Telephone: (303) 794-7562. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-14-2004 in case no. 96CW520 in Water Division 1. Thomas Well located SE1/4, SE1/4, S35, T9S, R75W of the 6th PM. Subdivision: Indian Mountain, Lot 090, Filing 23. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 15 gpm. Use: Household in single family dwelling. 10CW39 City of Arvada, c/o Kenneth E. Peterson, Water Resources Administrator, 8101 Ralston Road, Arvada, CO 80001-8101, (720) 898-7766. (Steven P. Jeffers, Esq., Madoline Wallace-Gross, Esq., Lyons Gaddis Kahn & Hall, PC, P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. 3. Name of structure: Blunn Lake Reservoir – Seepage Control System. 4. Previous decrees: The original decree was entered in Case No. W-9285-78 on October 12, 1982, and diligence decrees were entered in Case No. 86CW208 on June 14, 1989, Case No. 95CW131 on March 13, 1996, and Case No. 02CW012 on January 14, 2004. 5. Decreed Location: The point of collection is in the SE1/4 of the NE1/4 of Section 3, T 3 S, R 70 W, of the 6th P.M., at a point 2,000 feet south and 190 feet west of the northeast corner of Section 3 in Jefferson County, Colorado. 6. Decreed Source: Water stored by Applicant in Arvada Reservoir, whether pursuant to decree, contract, or other means. No claim is made to store water attributable to the Denver May 25, 1965 Contract or to use seepage derived from that contract water. 7. Decreed Appropriation Date: October 23, 1959. 8. Decreed Amount: 10 cfs, Conditional. 9. Decreed Uses: Municipal, irrigation, recreation, and other beneficial uses. 10. Work done toward completion of the appropriation during the subject diligence period: Applicant obtained diligence decrees for other water rights to be stored in Arvada Reservoir, including Arvada Reservoir, Arvada Reservoir Refill, the Tucker Lake Exchange, and exchanges in Arvada’s prior decreed augmentation plans in case numbers 2004CW040, 2006CW71, 2007CW214, 2004CW106, and 2006CW98. Any seepage from those water rights would be diverted through the seepage control structure. Applicant also opposed numerous water court applications filed by other parties to protect the Applicant’s conditional water right. The total expenditure was approximately $25,000. 11. If a claim to make absolute, water applied to beneficial use: None. 12. Owner of land upon which the structure is located: City of Arvada. Applicant requests the Court enter a decree finding that Applicant is entitled to the finding of reasonable diligence and continuing the conditional water right for another six years. (5 pages) 10CW40 ASPEN PARK METROPOLITAN DISTRICT, 8390 Crescent Parkway, Suite 500, Greenwood Village, CO 80111-2814, through their attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Kara N. Godbehere, Atty. Reg. #36742, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 2.Description of Conditional Right. The conditional right of exchange is decreed for a maximum rate of flow of 1 cfs to the extent of 1 acre-foot per year. The exchange provides

augmentation water for operation of up to 11 wells for residential and commercial uses, including irrigation and stockwatering, within a development located in part of the E1/2 of Section 12, T6S, R71W, as shown on Attachment A. The wells withdraw water tributary to South Turkey Creek. The conditional exchange augments and replaces stream depletions which occur as a result of water use through the wells, by foregoing diversions of water rights in the Mountain Mutual Reservoir Company (MMRC), including water rights in Warrior Ditch and Harriman Ditch. Additionally, water previously stored in the Soda Lakes Reservoir Nos. 1 and 2, Spinney Mountain Reservoir, Woodside Reservoir and Lower Sacramento Creek Reservoir No. 1 will be released to the stream system. The water is to be delivered by exchange to the point where depletions from the subject wells impact the flow of water in South Turkey Creek to the Meyer Pond, which is located in the NE1/4 of Section 12, T6S, R71W of the 6th P.M. The reach of the exchange extends from the confluence of Bear Creek and the South Platte River; thence up Bear Creek to its confluence with Turkey Creek in the NW1/4 of Section 5, T5S, R69W; up Turkey Creek to the confluence with South Turkey Creek in the NW1/4 of Section 27, T5S, R70W; and up South Turkey Creek to the Meyer Pond located in the NE1/4 of Section 12, T6S, R71W, all of the 6th P.M. The conditional exchange has a priority date of March 22, 1995, and utilizes water of MMRC, including the following: A. Harriman Ditch, located on the south bank of Bear Creek in the NE1/4 of Section 2, T5S, R70W, and the south bank of Turkey Creek near the SW corner of Section 6, T5S, R69W. B. Warrior Ditch, located at the same headgates as the Harriman Ditch. C. Soda lakes Reservoir Nos. 1 and 2, located in Section 1, T5S, R70W. D. Spinney Mountain Reservoir, located at a point whence the SW corner of Section 36, T12S, R74W, bears S23°26’W, a distance of 8314.3 feet. E. Woodside Reservoir, to be located in the SW1/4 of Section 26, T6S, R72W. F. Lower Sacramento Creek Reservoir No. 1, located in the NW1/4 of Section 32 and SW1/4 of Section 29, T9S, R77W. 3. During this diligence period, in continuing the development of the conditional water rights, Applicant and other parties have been engaged in the legal defense and protection of said water rights and have been diligent in the continued use and development of the water rights involved, including expenditures for legal, consulting, and engineering work. As well, Applicant is the owner of several other conditional water rights, all of Applicant’s conditional water rights are part of an integrated and unified water supply system, and diligence activities associated with any individual conditional water right is diligence on the entire unified water system. The land on which the water will be used has been developed into a commercial and residential development. Applicant is also the owner of water rights in a similar water supply plan in Case No. 2009CW165 (previous diligence Case Nos. 02CW174, 94CW276) to provide a water supply for commercial use on an adjacent parcel of land, and the two decrees will basically be operated in conjunction. During this diligence period, Applicant has continued development of (1) property on which the water will be put to beneficial use, and (2) the conditional water rights which are the subject of this application. The following summarizes said activity: A. Water Treatment Facilities. Since November of 2004, water treatment facilities have been constructed, including development/completion of 3 supply wells, installation of 2,900 feet of raw water pipeline, completion of improvements to Meyer Pond (including expansion of previously available storage and installation of new outlet structure), construction of a 3,000 square foot plant building with a 25,000 gallons/day peak capacity, construction of a 50,000 gallon concrete potable water storage tank, a 310,000 gallon concrete fire storage tank, a potable water pump station with a 230 gallons/minute capacity, and a fire pump station with a 2000 gallons/minute capacity; installation of an 1,800 foot long 6-inch potable water main line, 11 water service connections, a 1,900 foot long fire service main, 12 fire hydrants, and 11 fire service connections. The total cost of the water treatment facilities was $2,902,951.92, of which Applicant paid $2,902,951.92. Please note that the facilities listed above are utilized in the water systems contemplated by the application herein, as well as the application filed in Case No. 09W165. The above-referenced facilities were first put to use in November of 2005. B. Wastewater Facilities. Also since November of 2004, wastewater treatment facilities have been

constructed, including installation of 3,300 feet of sanitary sewer pipeline, 25 sanitary sewer manholes, and 11 sewer connections; a wastewater treatment plant was constructed, including a 650 square foot headworks building, a 3,800 square foot aeration basin and membrane building, 2,300 feet of 2-inch treated effluent forcemain, a 6,600 square foot exfiltration gallery and a separate 10,400 square foot exfiltration gallery. The current wastewater treatment plant capacity is 25,000 gallons/day, with an expected build-out capacity of 75,000 gallons/day. The total cost of the wastewater treatment facilities was $4,260,417.06, of which Applicant paid $3,841,980.97. The remainder of the expenses were paid by the developer. Please note that the facilities listed above are utilized in the water systems contemplated by the application herein, as well as the application filed in Case No. 09W165. The above-referenced facilities were first put to use in November of 2005. C. Stormwater Facilities. Also since November of 2004, stormwater facilities have been constructed, including installation of 7,700 feet of 18-inch to 42-inch stormwater pipelines, 70 manholes and inlet structures, and a 0.8 acre detention pond facility. The total cost of the stormwater facilities was $881,595.00, of which Applicant paid $859,545.00. The remainder of the expenses were paid by the developer. Please note that the facilities listed above are utilized in the water systems contemplated by the application herein, as well as the application filed in Case No. 09W165. The above-referenced facilities were first put to use in November of 2005. D. Commercial Development Site Work. Also since November of 2004, significant construction site work, including 230,000 cubic yards of overlot grading, installation of 50,000 square feet of retaining walls, paving of 370,000 square feet of asphalt driveways and parking areas, and construction of the 2,500 lineal feet of the Conifer Road extension, 530 lineal feet of the Davis Avenue extension, and 300 lineal feet of the Eagle Cliff road extension, at a total cost of $8,822,720.74, of which Applicant paid $4,628,549.59. The remainder of the expenses were paid by the developer. Please note that the facilities listed above are utilized in the water systems contemplated by the application herein, as well as the application filed in Case No. 09W165. Construction on the above-referenced facilities began November 2004 and was completed in the spring of 2006. The work and expenditures listed are illustrative and not exhaustive. Additional work and additional or revised expenditures may be claimed in support of this application. 4. Owner of lands on which new facilities will be built or water impounded: N/A. 5. To the extent, if any, that water is diverted in priority and used after the date of this application, Applicant may claim additional amounts absolute without further publication of notice. Wherefore, Applicant prays for a finding of reasonable diligence and a decree continuing the conditional portion of the water rights, and for such other relief as is warranted by the evidence. 10CW41 Pioneer Water and Irrigation, Inc. ("Pioneer"), P.O. Box 1218, Fort Morgan, Colorado 80701, Bus. Phone: (970) 867-3054, c/o Michael D. Shimmin, Vranesh and Raisch, LLP, P.O. Box 871, Boulder, Colorado 80306, (303)443-6151.APPLICATION TO MAKE ABSOLUTE A PORTION OF CONDITIONAL WATER RIGHTS AND FOR FINDING OF REASONABLE DILIGENCE, in MORGAN COUNTY. Names of Structures: Pioneer Water and Irrigation, Inc. Reservoir and Recharge System and Storage Facilities. Description of Conditional Water Rights: Decree Information: The original decree for these water rights was entered on December 3, 1986 in Case No. 81CW407, District Court, Water Division 1. A second decree finding diligence for these conditional water rights was entered on March 20, 1996 in Case No. 92CW150, District Court, Water Division 1, but none of the conditional rights were made absolute at that time. A third decree finding diligence for these conditional water rights was entered on January 14, 2004 in Case No. 03CW096, District Court, Water Division 1. In that case, a portion of the conditional water rights were made absolute in the total amount of 69 c.f.s. for the direct flow water right, and 684.1 acre-feet for the storage water right, with the right to fill and refill and maintain at full capacity when legally available. The Pioneer direct flow conditional water right in the amount of 106 c.f.s was continued for an additional six years. Legal

Description of the Structures: The point of diversion is located in the SE1/4 Section 25, Township 4 North, Range 57 West of the 6th p.m., Morgan County, at the common headgate for the Tremont and Snyder-Smith Canals. The storage and recharge facilities are located generally in Townships 4 and 5 North, Range 56 West, and Township 5 North, Range 55 West, 6th P.M., Morgan County, Colorado. The specific legal locations are described in the original decree, and are listed in Table 1, attached to this application as Exhibit A. Source: South Platte River. Appropriation Date: June 30, 1977. Amount: The original decree included a total direct flow water right of 175 c.f.s., (with 57 c.f.s. absolute, and 118 c.f.s. conditional) and a storage water right with of 684.1 acre feet conditional. In Case No. 03CW096, an additional portion of the conditional direct flow water right was made absolute in the total amount of 69 c.f.s., leaving 106 c.f.s conditional. For the storage water right, 684.1 acre feet were decreed absolute in Case No 03CW096, with right to fill and refill and maintain at full capacity when legally available. Use: Recharge and augmentation purposes. Work Done Towards Completion of the Appropriation. The conditional water rights are part of the Pioneer augmentation and recharge project. During the diligence period, Pioneer diverted water from the South Platte River through the Tremont and Snyder-Smith Canals for storage, recharge and augmentation when available, and in priority. Pioneer has continued to construct the storage facilities identified in the original decree, and repaired and maintained those facilities which are already in place and operational. The work on the project has included surveying and site inspection, securing easements, earth moving, recharge pond construction, installation of measuring devices, and ongoing repair and maintenance. The following table shows the current status of the storage facilities identified in the original decree:

SITE NO.

SITE NAME

STATUS

1 Vessels Lake Constructed/Operational 2 Prairie Lake To be Constructed 3 Woodward West Lake Constructed/Operational 4 Snyder Lake Constructed/Operational 5 North Lake Under Design 6 Woodward East Lake Constructed/Operational 7 Walker [West] Lake Constructed/Operational 8 Smith Reservoir Under Construction 9 Peterson Lake No. 1 Constructed/Operational

10 Peterson Lake No. 2 Constructed/Operational 11 Segelke Lake Constructed/Operational 12 Upper Canal Constructed/Operational 13 Lower Canal Constructed/Operational

Specific tasks accomplished throughout the diligence period, and on the aforementioned recharge facilities include: Snyder Lake (Site No. 4): The dike that impounds water within this site was rehabilitated during the diligence period. In doing so, inoperable outlet works were entirely removed to eliminate any uncontrollable leakage through the original outlet works. North Lake (Site No. 5): Pioneer has initiated negotiations with underlying landowner during the diligence period and has explored funding options for the construction of this recharge facility. Smith Reservoir (Site No. 8): The location and design of the canal turnout and delivery conduit have been agreed upon with the underlying landowner. Pioneer has incurred expenses during the diligence period in the course of constructing and operating the augmentation and recharge

project. Those expenses incurred that relate to development of the conditional water rights are detailed below.

PIONEER EXPENDITURES FOR DUE DILIGENCE

January 2004 – December 2009

Expense Category

2004 2005 2006 2007 2008 2009 TOTAL

Construction 0 0 0 0 8,495.91 41,075.06 $ 49,570.97Repair and

Maintenance 11,336.19 7,782.54 5,023.65 1,755.16 1,222.61 3,172.66 $ 30,292.81

Legal Fees 9,133.10 12,542.72 4,094.93 4,377.38 4,294.90 30,604.94 $ 65,047.97Clerical and Management 4,245.97 3,668.56 4,375.66 3,440.69 4,142.78 3,288.83 $ 23,162.49

TOTAL $

24,715.26 $

23,993.82$

13,494.24$

9,573.23$

18,156.2$

78,141.49 $

168,074.24

Amounts claimed to have been made absolute: A. Date water was applied to beneficial use: June 12, 2005. The maximum direct flow amount diverted during the diligence period was 102 c.f.s. on June 12, 2005. This diversion of 102 c.f.s. during the diligence period brings the total absolute direct flow water right to 102 c.f.s., leaving 73 c.f.s. of the total 175 c.f.s. conditional. A table showing maximum 24-hour diversion rate in c.f.s. for each month during the diligence period is attached hereto as Exhibit B and incorporated herein. Direct Flow: 102 c.f.s. now absolute. 73 c.f.s. remains conditional. Use: During the diligence period, Pioneer diverted water for storage, recharge, and augmentation as decreed in Case No. 81CW407 throughout the diligence period and including water years 2004, 2005, 2006, 2007, 2008 and 2009. (Exhibit B). Description of place of use: the water was applied to beneficial use within the Pioneer Service Area as decreed in Case No. 81CW407. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: A: The Tremont and Snyder-Smith Canal headgate is located on land owned by the State of Colorado acting by and through DNR for the benefit of the Division of Wildlife and the Wildlife Commission, 6060 Broadway, Denver, Colorado 80216. B. The names and addresses of the land upon which the storage facilities are located are as follows:

Site No. Site Name Name & Address of Owner 1 Vessels Lake Double K Ranch LLC

c/o Mariner Kemper 319 Lafayette Street Denver, CO 80218

2, 3 Prairie Lake Woodward West Lake

Dale & Karen Weiderspon 28194 Road W.5

Snyder, CO 807504 Snyder Lake Earnest & Betty Amsberry

P. O. Box 808 Snyder, CO 80750

Site No. Site Name Name & Address of Owner Snyder-Smith Ditch Co.

P. O. Box 811 Snyder, CO 80750

5, 6 North Lake Woodward East Lake

Harry Thompson 29569 Road X

Snyder, CO 807507 Walker [West] Lake G. Allyn & Bradley Wind

17200 Beaver Creek Drive Brush, CO 80723

8, 9, 10, 11 Smith Reservoir Peterson Lake No. 1 Peterson Lake No. 2

Segelke Lake

Gene & Bettie Peterson 33035 Road W.7

Snyder, CO 80750

12 Upper Canal

Tremont Mutual Ditch Co. P. O. Box 711

Snyder, CO 8075013 Lower Canal Snyder-Smith Ditch Co.

P.O. Box 811 Snyder, CO 80750

WHEREFORE, Applicant requests that the conditional water rights for the Pioneer Water and Irrigation, Inc. Reservoir and Recharge System and Storage Facilities be made absolute in the total amount of 102 c.f.s. for the direct flow water right. Additionally, Applicant requests a finding of reasonable diligence and a continuation of the remaining 73 c.f.s. conditional direct flow right. By this application, Applicant does not seek to change any of the operating terms and conditions of the augmentation plan described in the original decree. 10CW42 THE MICHAEL AND PATRICIA HAWKINSON LIVING TRUST DATED FEBRUARY 28, 2003, 11000 Cardinal Drive, Parker, CO 80138, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON AQUIFER, IN DOUGLAS COUNTY. 2. Legal Description of Wells and Subject Property: The property which is the subject of this application is 7.5 acres, being Lot 1A, Dalton Subdivision First Amendment, generally located in part of the NW1/4NE1/4 of Section 23, T6S, R66W of the 6th P.M., as shown on Attachment A hereto. 3. Source of Water Rights: The source of the Lower Dawson aquifer groundwater is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. 4. Estimated Amounts: Applicant estimates that 2.5 acre-feet per year of Lower Dawson aquifer groundwater is available underlying the Subject Property. Applicants request that 2 acre-feet per year of the available amount be decreed, including Lower Dawson aquifer groundwater currently associated with Well Permit No. 183683. Applicants may revise this amount based on final planning for the Subject Property. 5. Proposed Use: The water will be used for domestic, irrigation, stockwatering, and augmentation purposes. 6. Applicant requests the right to revise the estimate upward or downward without the necessity of amending this application or republishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 7. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained.

10CW43 LINDA J. JOHNSTON, 1401 Hickory Drive, Erie, CO 80516, through attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY LOWER DAWSON AND DENVER AQUIFERS, IN ELBERT COUNTY. 2. Legal Description Subject Property: The land which is the subject of this application is 240 acres located in Section 35, T6S, R64W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). 3. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson and Denver aquifers is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 4. Estimated Annual Amounts: The wells will withdraw the groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts through wells to be located at any location on the Subject Property. Applicant waives any 600 foot spacing rule for wells located on the Subject Property. Applicant estimates the following annual amounts are representative of the subject aquifers: Saturated Annual Aquifer Thickness Amount Lower Dawson 81 feet 37 acre-feet Denver 308 feet 122 acre-feet Arapahoe 264 feet 105 acre-feet Laramie-Fox Hills 161 feet 58 acre-feet Applicant will reserve part of the available Lower Dawson and Denver aquifer groundwater for use through exempt wells. 5. Well Field: Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicant's well fields. 6. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 7. Description of plan for augmentation: A. Groundwater to be augmented: All or part of the Lower Dawson and Denver aquifer groundwater as requested in paragraph 4 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicant will use the Lower Dawson and Denver aquifer water for domestic, irrigation, stockwatering, commercial, and storage purposes on the Subject Property. For purposes of this application, domestic use will require 0.4 acre-feet per residence, irrigation will require 1 to 2.5 acre-feet per acre of irrigated area, home lawn and garden, hay, pasture, and trees to be located anywhere on the Subject Property, and stockwatering will require 0.05 for every four large domestic animals. Applicant reserves the right to amend these uses based on final planning of the Subject Property. Sewage treatment for domestic use will be provided by a non-evaporative septic system. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flows associated with irrigation use will be approximately 10% of water used for that purpose. Water use for stockwatering and storage is 100% consumptively used. Pursuant to 37-90-137(9)(c), C.R.S., Applicant will replace actual depletions for withdrawal of the Lower Dawson aquifer and an amount equal to 4% of the annual amount withdrawn from the Denver aquifer, to the affected stream system. Depletions may occur to the Running Creek stream

system. Return flows from use of the water will accrue to the South Platte River stream system, and those return flows are sufficient to replace required depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements, but reserves the right to substitute the use of other nontributary groundwater, including return flows, either underlying the Subject Property, or from another location which is legally available for such purpose, for replacement of post-pumping depletions at such time that post-pumping depletions may begin. WHEREFORE, Applicant prays that this Court enter a Decree: 8. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 9. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available as proposed herein. B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 10CW44 Lower Platte & Beaver Canal Company. P.O. Box 190, Hillrose, CO 90733 (970) 842-4313; c/o Mark J. Wagner, Hill & Robbins, P.C., 1441 18th St., Suite 100, Denver, CO 80202, (303) 296-8100. Application for Finding of Reasonable Diligence and to Make Absolute in Part in MORGAN AND WASHINGTON COUNTIES. 2. Name of structures: Lower Platte and Beaver Canal Recharge. 3. Describe conditional water right giving the following from the Original Decree: A. Date of Original Decree: October 11, 1985; Case No. W-2969, District Court, Water Division No. 1. B. Legal Description: The point of diversion from the South Platte River is the headgate of the Lower Platte and Beaver Canal, which is located at a point on the south bank of the South Platte River bearing N 44˚51’ W a distance of 2136 feet from the SE corner, Section 25, T4N R57W of the 6th P.M., Morgan County Colorado. C. Source: South Platte River. D. Appropriation Date: June 12, 1972; Amount: 322 cfs, originally decreed conditional, of which, 52 cfs have previously been made absolute pursuant to the decree in Case No. 89CW103. E. Use: For recharge and augmentation purposes. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, Applicant has incurred and expended over $564,400.00 in operating, maintenance, repair, land acquisition, and consultant costs attributable to the operation, use, management, and protection of the subject water right. Applicant has kept regular records of diversions and crop acreages and made all necessary reports to the Division Engineer, and has installed and maintained measuring devices required to administer the augmentation plan decreed in Case No. W-2969. The Applicant has made plans to develop the remaining recharge sites described in the decree in Case No. W-2969 and to divert and beneficially use the portion of the water right decreed in Case No. W-2969 that remains conditional, as financial and hydrologic conditions permit. 5. Claim to make absolute (in part)--Date water applied to beneficial use: March 27, 2007; Amount: 104 cfs, of which 52 cfs have previously been made absolute. Use: recharge and augmentation pursuant to the decree in Case No W-2969. A summary of diversion and call records evidencing the in-priority diversion and use are attached to the application. 10CW45 ARTURO L AND MARGARET F. AREVALOS TRUST, 500 W. HARBOR DR., UNIT 616, SAN DIEGO, CA 92101. Telephone: (619) 501-0938. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Date of original decree: 04-14-2004 in case 01CW049 in Water Division 1. Arevalos Pond located NW1/4, SE1/4, S31, T12N, R70W of the 6th PM at a distance 500 feet from South and 100 feet from East. Street address: 1960 Walno Ave., Livermore, CO. *Larimer Cty changed street number. Source: Natural spring tributary to Six Mile Creek, tributary to North Fork, Cache La Poudre.

Appropriation date: 12-29-99. Amount: 1 acre foot. Use: Stock water. Pond already in place and used as stock water. 10CW46 DONALD W. & MICHAEL A. SLOAT, 3942 S. ATCHISON WY, UNIT A, AURORA, CO 80014. Telephone: (303) 978-9491. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 12-30-2003 in case no. 96CW883 in Water Division 1. Sloat Well located SE1/4, SW1/4, S11, T9S, R75W of the 6th PM. Street address: 141 Welsh Cobb Ln. Subdivision: Indian Mountain, Lot 514. Source: Groundwater. Appropriation date: March 31, 1973. Amount: 0.033 cfs (15 gpm). 10CW47 JAN AND KAREN SCHENCK, 715 COUNTRY FIELD DRIVE, O’FALLON, MO 63367. Telephone: (636) 561-5541. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: January 14, 2004 in case no. 96CW509 in Water Division 1. Schenck Well located SE1/4, SW1/4, S34, T9S, R75W of the 6th PM at a distance 160 feet from South and 1870 feet from West. Street address: 2671 Warrior Circle, Como, CO. Subdivision: Indian Mountain, Lot 067. Source: Groundwater. Appropriation date: March 31, 1973. Use: Household, 1 single family dwelling. 10CW48 MOUNT CARBON METROPOLITIAN DISTRICT. CONCERNING THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON AND DOUGLAS COUNTIES, DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, 901 Ninth Avenue, PO Box 2038, Greeley, CO 80632-2038.1. Name, address and telephone number of applicant: Mount Carbon Metropolitan District (“Mount Carbon”) Attn: Bob Blodgett, Manager 8390 E. Crescent Parkway, Suite 500 Greenwood Village, Colorado 80111 (303) 779-4525 Bob.Blodgett@cliftoncpa.com Direct all pleadings to: Kevin J. Kinnear Porzak Browning & Bushong LLP 929 Pearl Street, Suite 300 Boulder, Colorado 80302 (303) 443-6800 2. Name of structure: Chatfield Reservoir 3.Description of water right (A) Decree Findings and Ruling of the Referee, Judgment and Decree of the Court dated June 2, 1988, entered by the District Court in and for Water Division No. 1 (“Water Court”) in Case No. 85CW463. (B) Subsequent Decrees: Mount Carbon’s Chatfield Reservoir water right was continued in full force and effect based on findings of reasonable diligence in Water Court Case Nos. 94CW107 and 03CW269. (C) Legal description: Chatfield Reservoir is formed by the Chatfield Dam, an existing structure located in Sections 6 and 7, Township 6 South, Range 68 West, 6th P.M., and in Section 1, Township 6 South, Range 69 West, 6th P.M., in Jefferson and Douglas Counties, Colorado at 39.547206°N 105.065002°W. (D) Source: The South Platte River and its tributaries, including Plum Creek and its tributaries. (E) Appropriation Date. October 1, 1985. (F) Amount: 800 acre-feet, conditional. (G) Uses: All municipal uses, including domestic, commercial, manufacturing, industrial, stock watering, irrigation, including watering of parks, lawns, and gardens, fire protection, recreation, piscatorial, wildlife, instream uses, sewage treatment, street sprinkling, maintenance of adequate storage reserves, exchange purposes, replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. A map indicating the location of Chatfield Reservoir is attached hereto as Exhibit A, and the area to be irrigated includes areas throughout the Mount Carbon service area, which is indicated on Exhibit A. 4. Detailed outline of work done to complete project and apply water to beneficial use: During the requisite diligence period, Mount Carbon attended meetings and negotiations, and spent in excess of $60,000 on legal and technical consulting, to acquire the right to store water in Chatfield Reservoir as required by paragraph 11 of the Decree entered in Case No. 85CW438. As a result of these activities, Mount Carbon obtained 400 acre-feet (or 1.9417% of the project yield) of permanent storage space that may result from the Chatfield Reallocation project, at a cost to Mount Carbon of $280,000. Mount Carbon entered into a Letter of Commitment Related to the Reallocation of Storage Space in Chatfield Reservoir dated

September 22, 2008, between the Colorado Water Conservation Board and Mount Carbon Metropolitan District. In addition, the subject conditional water right is a part of Mount Carbon’s integrated water system, for which work on one element constitutes work on the entirety. In this regard, Mount Carbon has participated in, and spent money on attorneys’ fees, engineering, and other consultants for water court proceedings as both applicant and objector. Mount Carbon is the applicant in Case Nos. 04CW196, 04CW197, and 04CW265. Mount Carbon is an objector in Case Nos. 03CW234, 04CW271, 04CW308, 04CW309, 04CW311, 04CW321, 05CW111, and 05CW332. 5. Names and addresses of owners of the land upon which a modification to a storage structure is located and in which water will be stored. The United States Army Corps of Engineers owns Chatfield Reservoir and the land on which it is constructed. The address is: United States Army Corps of Engineers, Attn. Fred Rios, 9307 S. Wadsworth Blvd., Littleton, Colorado 80128. WHEREFORE, Mount Carbon requests entry of a decree determining that it has exercised reasonable diligence with respect to the conditional water rights described herein. 10CW49 Joe and Norma Spear, 437 West 57th, Kansas City, MO 64113. (Joseph Adams Cope, Frascona, Joiner, Goodman and Greenstein, P.C., 4750 Table Mesa Drive Boulder, CO 80305.) Application for Finding of Reasonable Diligence PARK COUNTY. Name of Structures: Beaver Ridge Wells Nos. 1, 2 & 3. Date of Original Decree: April 15, 1975. Case No. W-7781-74. Court: Water Division No. One. Legal description: Beaver Ridge Well No. 1: In the NW1/4SW1/4, Section 18, T9S, R77W of the 6th P.M., at a point whence the W1/4 corner of said section bears NW a distance of 200 feet. Beaver Ridge Well No. 2: In the NW1/4SW1/4, Section 18, T9S, R77W of the 6th P.M., at a point whence the W1/4 corner of said section bears N20oW a distance of 700 feet. Beaver Ridge Well No. 3: In the SW1/4SW1/4, Section 18, T9S, R77W of the 6th P.M., at a point whence the SW corner of said section bears S42oW a distance of 300 feet. Source: Groundwater tributary to the Middle Fork of the South Platte River. Appropriation Date: 1/16/1974. Amount: 1.0 c.f.s. (449 g.p.m.) conditional, with a total yearly diversion limitation of 454 acre-feet, which may be diverted by any one or more of the wells in combination. Use: Domestic, commercial, industrial, municipal and recreational. Depth: (if well) Not yet known. The water rights decreed to Beaver Ridge Wells Nos. 1-3 are part of an integrated water system which includes these wells, Cottage Grove Reservoir, and other water rights. The decree of the District Court, Water Division No. 1, in Case No. W-7610-74 approved a plan for augmentation pursuant to which the depletions resulting from the withdrawal of water through said wells and other wells and the use of said water at a planned development called Beaver Ridge would be replaced. From the time the decree granting conditional water rights to the wells and the decree in Case No. W-7610-74 were entered, there has been no development at Beaver Ridge. In 1993, Beaver Ridge, Ltd., replatted the southernmost 266 acres of the development into 22 single-family lots and an Outlot, under the name Platte River Ranch Estates. In connection with said replatting, Beaver Ridge, Ltd. filed an application in Case No. 93CW071 to amend the plan for augmentation decreed in Case No. W-7610-74 to provide for 22 domestic wells and related water use at Platte River Ranch Estates. The decree approving the amendment of the augmentation plan decree in Case No. W-7610-74 was entered on July 5, 1994. Beaver Ridge Wells Nos. 1, 2 and 3 are or will be located on the 87 acres of the Beaver Ridge property that was not the subject of Case No. 93CW071. The wells will be used to supply the water for the development on said 87 acres when such development occurs. During the diligence period, Applicants acquired the 87 acres of the Beaver Ridge property that was not the subject of Case No. 93CW071, together with the conditional water rights decreed to Beaver Ridge Wells Nos. 1, 2 and 3, 1.72 acre feet of the 21.82 acre-feet of historic consumptive use associated with Beaver Ridge, Ltd.’s 1.0 c.f.s. interest in the water right adjudicated to Guiraud 3T Ditch, 1.1 acre-feet of the 10 acre foot water storage right decreed to Cottage Grove Reservoir in Case No. W-7853, together with the right to store 1.1 acre-feet of water in said Cottage Grove Reservoir. Applicants have subsequently constructed a single-family residence on said 87 acres, have acquired an additional, adjoining, 5-acre parcel,

and have constructed one well on the 87 acre property pursuant to Well Permit No. 269524, permitted as the only well on a tract of 35 acres or more, approved for domestic use. Applicants are presently reconsidering the development plan for the 87 acres and the adjacent 5 acres, to be supplied from Beaver Ridge Wells Nos. 1 – 3 and augmented with Applicants’ rights in the Guiraud 3T Ditch and Cottage Grove Reservoir. Applicant expended approximately $ 3,800.00 in connection with the construction of the well during the diligence period. 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: Applicant, 437 West 57th, Kansas City, MO 64113. (4 pages) 10CW50 Bear Creek Development Corporation. 1717 Washington Avenue, Golden, CO 80401 (303) 278-3300; c/o Mark J. Wagner, Hill & Robbins, P.C., 1441 18th St., Suite 100, Denver, CO 80202, (303) 296-8100. Application for Finding of Reasonable Diligence in JEFFERSON COUNTY. 2. Name of structure: Quaintance Reservoir. 3. Description of conditional water right:A. Date of Original Decree: August 24, 1982; Case No.: 81CW450. Court:District Court, Water Division 1, State of Colorado. B. Location: Section 29, Township 4 South, Range 69 West, 6th P.M. Beginning at the S1/4 Corner of Section 29, N 0°00'00" E, 386 feet; thence, S 64°00'00" E, 64 feet to the beginning of the dam; thence, S 64°00'00" E, 558 feet to the beginning of a curve described with a radius of 400 feet, a delta of. 26°35'00", and a length of 185 feet: thence from the terminus of the curve, N 89°25'00" E, a distance of 228 feet to the end of the dam. Located on an unnamed dry wash, tributary to Bear Creek. C. Source: Bear Creek and natural runoff. D. Appropriation Date: January 3, 1981; Amount: 198 acre feet. E.Use: Irrigation, municipal, recreation, augmentation and exchange. 4.Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, the reservoir has been operated for its decreed purposes and used as a component of the water supply system of the Bear Creek Golf Course. During the diligence period, Applicant has expended approximately $4,642,660.00 in the operation and maintenance of the golf course and grounds, including the irrigation system, of which Quaintance reservoir is a major component. The Applicant intends to divert and beneficially use the portion of the water right that remains conditional, as hydrologic conditions permit. 5. If Claim to Make Absolute, Date and Amount of Water Applied to Beneficial Use: Not applicable. 6. Names and addresses of Owners of Land on which Storage Structure is or will be Located: Applicant is the owner of such land. 10CW51 Smart Brothers Inc., 3252 County Road 31, Atwood, Colorado 80722. 970-466-0301. Application for Finding of Reasonable Diligence and to Make Absolute a Conditional Water Right and a Conditional Exchange in LOGAN COUNTY. 2. Conditional Water Right. 2.1. Name of Structure. Smart Recharge System. 2.2. Decrees. Case Nos. W-8686-77, 93CW039 and 03CW207, Water Division No. 1. 2.3. Legal Description of Point of Diversion. Water is diverted at the headgate of the South Platte Ditch located on the South bank of the South Platte River in the Southwest 1/4 of Section 8, Township 5 North, Range 54 West of the 6th P.M. 2.4. Legal Description of Structures. The four Smart recharge ponds are located as follows. Pond No. 1 in the Northwest 1/4 of the Northeast 1/4 of Section 21; Pond No.2 in the Southeast 1/4 of the Northwest 1/4 of Section 15; Ponds No. 3 and 4 in the Northwest 1/4 of the Southeast 1/4 of Section 15, all in Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. 2.5. Source. The South Platte River. 2.6. Appropriation. July 23, 1977. 2.7. Amount. 2.7.1. Flow Rate. 11.3 c.f.s., absolute, 3.7 c.f.s., conditional. 2.7.2. Volume. 423.43 acre feet, absolute; 526.57 acre feet, conditional. 2.8. Use. Irrigation, stockwatering, exchange, recharge and augmentation. 3. Conditional Exchange. 3.1. Name of Structure. Smart Exchange. 3.2. Decrees. Case Nos. W-8686-77, 93CW039 and 03CW207, Water Division No. 1. 3.3. Exchange

Reach. Between the headgate of the South Platte Ditch described in ¶2.3 and the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of Section 34, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. 3.4. Source. The exchange of recharge credits from the Smart Recharge System. 3.5. Appropriation. July 23, 1977. 3.6. Amount. 3.6.1. Flow Rate. 11.3 c.f.s., absolute, 3.7 c.f.s., conditional. 3.6.2. Volume. 423.43 acre feet, absolute; 526.57 acre feet, conditional. 3.7. Irrigation, stockwatering, exchange, recharge and augmentation. 4. Outline of What Has Been Done Toward Completion. 4.1. During the diligence period Applicant diverted water at South Platte Ditch headgate and operated the exchange for the decreed uses at the maximum rate of 14.283 c.f.s on March 31, 2008 as shown in the HydroBase Annual Water Diversion Report for the South Platte Ditch Smart Recharge Area for 2008, Structure ID 2107, attached as Exhibit 1. 4.2. During the diligence period Applicant diverted water at South Platte Ditch headgate and operated the exchange in the volumes for each water year shown on Table 1. See the HydroBase Annual Water Diversion Report for the South Platte Ditch Smart Recharge Area for 2003-2007, Exhibit 2 and for 2008, Exhibit 3 for Structure ID 2107. Data for 2009 was obtained from the Water Commissioner, Brent Schantz and is posted at the following: ftp://dwrftp.state.co.us/dwr/WD 1&64/WY2009/.

Table 1

Water Year 2003 2004 2005 2006 2007 2008 2009

Acre-feet 132.10 311.81 545.60 209.12 254.06 883.65 950.00

5.Claim To Make Absolute and for Finding of Reasonable Diligence. Pursuant to §37-92-304 C.R.S., Applicant seeks to maintain the conditional appropriation and to make the flow rate of 14.283 c.f.s and the volume of 950 acre-feet absolute for both the Smart Recharge System and the Smart Exchange. 10CW52 CAROLYN J. HENSLEY, 2040 OAK PLACE, THORNTON, CO 80229. Telephone: (303) 287-4285. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: March 25, 2004 in case no. 96CW1155 in Water Division 1. Hensley Well located SE1/4, NE1/4, S8, T10S, R75W of the 6th PM at a distance 2665 feet from North and 670 feet from East. Street address: 64 Dunlin Wy. Subdivision: Elkhorn Ranches, Lot 080, Filing 02. Source: Groundwater. Appropriation date: February 28, 1975. Amount: 0.033 cfs, Conditional. 10CW53 (91CW038) (99CW123), COUNTY OF BOULDER, attn: Rich Koopman, Resource Planning Manager, Boulder County Department of Parks & Open Space, P.O. Box 471, Boulder, CO 80306, (303) 678-6270. (Direct all pleadings to Clark G. Edwards, Esq., Hutchinson Black and Cook, 921 Walnut Street, Suite 200, Boulder, CO 80302). APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL RIGHTS ABSOLUTE IN BOULDER COUNTY. 2. Name of Structure: Walden Ponds. Type: Reservoir. 3. Description of Conditional Water Rights. A. Date of Original Decree: August 31, 1993; Case No. 91CW038; Court: District Court, Water Division No. 1. B. Subsequent decrees awarding findings of diligence: 99CW123; January 14, 2004. C. Legal Description: SE1/4 of the SE1/4 of Section 14, T1N, R70W of the 6th P.M., Boulder County. D. Source: Boulder Creek. E. Appropriate Date: July 18, 1975; 40.4 acre-feet ABSOLUTE; 10.6 acres-feet CONDITIONAL. F. Use: Piscatorial, wildlife habitat and recreational purposes. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Walden Ponds, unlined gravel pit ponds with a total surface area of 23.2 acres plus an additional 1.5 acres of associated marsh, were completed in August, 1999. The total annual evaporation

from the ponds and associated marsh is 51 acre-ft per year. The usage decreed in Case No. 99CW123 was 40.4 acre-ft absolute and 10.6 acre-ft conditional. In May, 2009, Applicant filled the ponds and marsh with free river water and, therefore, Applicant claims 51 acre-ft per year as ABSOLUTE. Augmentation for Walden Ponds was decreed in Case No. 91CW038, which decreed the change of use of 109 shares of stock of North Farmer’s Ditch Company for augmentation of Walden Ponds. During the diligence period, Applicant incurred expenses in the amount of $127,400 for diversions, structures, and associated legal costs at Walden Ponds. 5. Claim to Make Water Rights Absolute. A. Date water applied to beneficial use: May, 2008; Amount 51 acre-feet; Use: Piscatorial, wildlife habitat and recreational purposes. B. Description of place of use where water is applied to beneficial use: SE1/4 of the SE1/4 of Section 14, T1N, R70W of the 6th P.M., Boulder County. 6. Names and Address of owners or reputed owners of the land upon which any new 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: Applicant, as to the Walden Ponds; City of Boulder, P.O. Box 791, Boulder, CO 80305-0791, as to the headgate of North Boulder Farmer’s Ditch. 7. WHEREFORE, Applicant requests that this Court issue its findings and determination that Applicant has completed the appropriation of the water right as decreed in Case No. 99CW123, to make such water right absolute or, in the alternative, has exercised reasonable diligence in the development of the subject conditional rights. AMENDMENTS 2005CW10. CITY OF THORNTON City of Thornton Infrastructure Department, 12450 Washington Street, Thornton, Colorado 80241, c/o Evan D. Ela, Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Denver, Colorado 80228 (303) 986-1551; First Amendment of Application for Change of Water Rights in DENVER, ADAMS, ARAPAHOE, CLEAR CREEK, JEFFERSON AND WELD COUNTIES. 2. Summary of Amendment: Applicant filed its Application for Change of Water Rights on January 27, 2005. On or about September 1, 2009, Thornton legal counsel and staff were made aware of the final decree entered by this Court in Consolidated Case Nos. 95CW226 and 95CW227, an adjudication prosecuted by the City of Aurora for an augmentation plan allowing operation of its Cherry Creek Well Field. That decree allowed a very limited use of the same shares that are the subject of this case as a specifically targeted substitute supply for senior water users under the Burlington Ditch system, a small component of Aurora’s augmentation plan and exchanges decreed in that consolidated case. The existence of this prior decree has caused the need for Thornton to investigate the legal and practical implications, and to ultimately seek an amendment to its Application to fully notice this discovery. Thornton seeks this first amendment to fully acknowledge the prior strictly limited change of water rights adjudicated by the City of Aurora in Consolidated Case Nos. 95CW226 and 95CW227, and the future non-availability of such water rights for operation of that specific portion of the City of Aurora’s augmentation plan decreed therein. The original Application in this matter is amended only as set forth below, and shall otherwise remain unchanged. 3. Amendment of Application: (a) Paragraph 5 of the original Application in this matter is hereby amended as shown underlined below: 5. From previous decrees. Thornton’s ownership interests in the Burlington Company and in the Wellington Company as described in paragraph 3 above (collectively, the “Subject Water Rights”) were originally decreed for irrigation and other purposes as follows: described in paragraphs 5.1 and 5.2 below. Prior to Thornton’s ownership, the Subject Water Rights were changed for strictly limited purposes as described in paragraph 5.3 below. (b) A wholly new sub-paragraph, numbered 5.3 (shown underlined below), is hereby added to paragraph 5 of the original Application in this matter: 5.3 During its ownership of the Subject Water Rights, the City of Aurora adjudicated an augmentation plan for the operation of its Cherry Creek Well Field in Consolidated Case Nos. 95CW226 and 95CW227 (“Aurora’s

Augmentation Plan”), which decree was issued by this Court on August 14, 2001 as Findings of Fact, Conclusions of Law and Judgment and Decree, Concerning the Application for Water Rights of the City of Aurora, Colorado, Acting by and through its Utility Enterprise in Adams, Arapahoe and Denver Counties and Concerning the Application for Water Rights of the City of Aurora, Colorado, Acting by and through its Utility Enterprise in Adams, Arapahoe, Denver, Douglas, Jefferson and Weld Counties. The Subject Water Rights were named as a source of augmentation replacement water for making replacements to the Little Burlington Ditch System and were specifically limited for that purpose only (see paragraph 34.6.1 of Aurora’s Augmentation Plan). The terms governing Aurora’s limited use of the Subject Water Rights were decreed in conformance with the terms of Thornton’s prior change decree governing the use of Burlington-Wellington shares, Case No. 87CW107 (see generally paragraph 34 of Aurora’s Augmentation Plan). 4. Remarks: Except as expressly amended hereby, all of the claims, provisions, terms and conditions of the original Application shall remain in force and effect. Thornton hereby stipulates that all previous Statements of Opposition filed in this matter shall be considered valid as against this First Amendment of the Application, without the need to renew such statements. (a) Prayer for Relief: (b) Applicant respectfully requests the Court to grant a decree approving the changes of water rights described in the Application and this First Amendment of Application. Applicant respectfully requests the Court for such additional relief as it deems necessary and appropriate. (4 pages)

08CW287 Lowry Environmental Protection/Cleanup Trust (“Lowry Trust” or “Applicant”), by and through its undersigned attorneys, hereby submits this Amendment to Application to Amend Previously Decreed Plan for Augmentation (“Amendment”) in ARAPAHOE COUNTY; c/o Nathan B. Rand, Esq., Vranesh and Raisch, LLP, P.O. Box 871, Boulder, Colorado 80306, 303-443-6151. 1. Amendment Description. The existing augmentation plan for water consumed during remediation efforts at the Lowry Landfill Superfund Site ("Site") was decreed on December 24, 2004 in Case No. 98CW444 ("Existing Decree"). Since that time, Applicant has been replacing the water consumed by its remediation activities pursuant to the Existing Decree. In the course of the remediation activities, Applicant discovered that it was necessary to construct additional monitoring and extraction wells within the Site and extending north into the entirety of Section 31, T4S, R65W, 6th P.M. On December 29, 2008, Applicant filed an Application to Amend the Existing Decree in Case No. 08CW287 ("Application to Amend") to include these additional remediation activities and more accurately describe its treatment processes. After the Application to Amend was filed, additional wells within the Site and extending north into Section 31 were constructed in order to withdraw contaminated groundwater for remediation. Since that time, Applicant's operating experience has indicated that a further amendment to the Existing Decree is necessary. The Existing Decree provides in pertinent part, "The combined pumping rates and average annual withdrawals from the two extraction trenches are limited to 30 gpm and 32 acre-feet, respectively." This Amendment is needed for three reasons. First, in order to be more efficient in its remediation activities, Applicant needs more flexibility in the combined pumping rates from its extraction trenches, monitoring and extraction wells. Second, the total annual pumping volume needs to be increased to cover the additional remediation activities and wells in Section 6, on the Site, and into Section 31, as described in the Application to Amend. Finally, the descriptions of the location and type of extraction points needs to be broader to cover the various monitoring and extraction wells in Section 6, on the Site, and into Section 31 and two extraction trenches covered by this augmentation plan. Applicant has sufficient replacement sources, which are unchanged from the Existing Decree, to cover any additional depletions caused by the increase in the total annual pumping volume requested in this Amendment. Accordingly, the last sentence of the first paragraph in sub-section 5 of the Existing Decree needs to be amended as follows: To remove the limit on the annual combined pumping rates from the extraction trenches and monitoring and

extraction wells covered by this plan; to raise the annual volumetric limit on withdrawals from these extraction points to 80 acre-feet per year; and to revise the descriptions of the type and location of these extraction points to include the two extraction trenches and all monitoring and extraction wells within Section 6, the Site and Section 31. Other than the changes described above, no additional changes to the Existing Decree are being requested by this amendment. By filing this Application, it is not the intent of the Applicant to reopen the Existing Decree, but just to revise the limited features described above. 2. Name(s) and Address(es) of Owner(s) of Land on Which Structures Are Located. All land upon which all structures will be constructed is owned either by the Applicant or by the City and County of Denver, which is a co-trustee in the Lowry Environmental Protection/Cleanup Trust and is cooperating with the Applicant. 3. Request for Relief. Applicant requests that the court enter a decree which determines that the above-described amendments to the Existing Decree will not injuriously affect the owners of any decreed water rights or conditional water rights, approves this application, and adds these amendments to the Existing Decree. 09CW7, Emanuel W. Rothe, 1610 37 Avenue Place, Greeley, CO 80634. Please send pleadings and correspondence to: Kelly J. Custer, Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, Suite 200, Windsor, CO 80550, (970) 674-9888. SECOND AMENDMENT TO APPLICATION, in WELD, MORGAN AND WASHINGTON COUNTIES. 2. The application in this case was filed on January 21, 2009 and the first amendment to the application was filed on March 17, 2009. 3. The application is hereby amended to add one well to be augmented, to claim a new water right for another well, and to modify the recharge ponds claimed to be used in Rothe Recharge Project No. 2. 4. The following subparagraph is hereby added to Paragraph 4. of the application: 4.e. Rothe Well No. 40, Permit No. RF111. i. Legal description of well location: SW1/4 SE1/4 Section 26, Township 4 North, Range 59 West, 6th P.M., Morgan County, Colorado, 2070 feet West and 1270 feet North of the SE corner of said Section. ii. Decree: CA 16704. iii. Date of appropriation: March, 1966. iv. Use: Irrigation. v. Depletions from Well No. 40 accrue to the South Platte River. 5. Application for Ground Water Rights: i. Name of Structure: Rothe Well No. 60 ii. Location: NE1/4 SW1/4 Section 5, Township 3 North, Range 58 West, 6th P.M., Morgan County, Colorado, at a point 2606 feet North and 2280 feet East of the SW corner of said Section 5. iii. Amount: 2.67 cfs, conditional for the 80 acres described herein. iv. Appropriation date: December 17, 2009. v. How appropriation was initiated: By formation of intent to appropriate and the filing of this application. vi. Use: Irrigation of 80 acres in the NW1/4, W1/2 SW1/4, N1/2 SW1/4, and NW1/4 SE1/4 Section 5, Township 3 North, Range 58 West, 6th P.M., Morgan County, Colorado. vii. Remarks: Well No. 60 was decreed in Case No. W-888, Water Division No. 1, for irrigation of 160 acres in the SW1/4 of the NE1/4, NE1/4 of the SW1/4, NW1/4 of the SE1/4 and the SE1/4 of the NW1/4, Section 5, Township 3 North, Range 58 West, 6th P.M., Morgan County, Colorado. Well Permit No. 4144-F has been issued for the well. The well is included as a structure to be augmented in the application in this case. Applicant seeks a water right to irrigate an additional 80 acres of land located in the NW1/4, W1/2 SW1/4, N1/2 SW1/4, and NW1/4 SE1/4 Section 5, Township 3 North, Range 58 West, 6th P.M., Morgan County, Colorado. All uses of the well will be augmented by the plan for augmentation applied for herein. 5. Modification of Recharge Ponds: i. The application claimed the right to use ponds identified as Rothe Ponds 51A, 51B, and 51C as part of the Rothe Recharge Project No. 2. The claims to use these ponds are withdrawn. ii. An additional pond may be used at the Rothe Recharge Project No. 2, described as follows: Sublette Pond 12, Located in the NE1/4 NW1/4 of Section 14, Township 4 North, Range 61 West, 6th P.M. Weld County, Colorado; Surface area: 9 acres; Capacity: 9 acre-feet. The stream depletion factor for lagging of accretions from Sublette Pond 12 was decreed in Case No. 89CW27 and may be used by Applicant to calculate recharge accretions resulting from deliveries of water to the pond. 6. Names and addresses of owners of land on which structures are located: i. Rothe Well No. 40:

Applicant ii. Rothe Well No. 60: Ron Rothe, 39234 Scenic View Court, Ault, CO 80610. iii. Sublette Pond No. 12: Sublette, Inc., c/o Rick Sandquist, P.O. Box 21, Orchard, CO 80644. 7. Except as modified herein, the claims set forth in the application and first amendment to the application remain. 4 pages.

2009CW282 EAST LARIMER COUNTY WATER DISTRICT (the “District”), P.O. Box 2044, Fort Collins, CO 80522. Jeffrey J. Kahn, Esq., Scott E. Holwick, Esq., Lyons, Gaddis, Kahn & Hall, P.C., P.O. Box 978, Longmont, CO 80502-0978. FIRST AMENDED APPLICATION FOR CHANGE OF USE OF WATER RIGHTS AND FOR APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE IN LARIMER COUNTY. The original application, filed on December 31, 2009, is hereby amended pursuant to C.R.C.P. 15(a) to expressly indicate the Applicant’s intention to quantify its lawn irrigation return flows, leach field return flows, and sewer return flows for use as described herein. The only amended portions of the original application are text changes to paragraphs 4.G and 6.B, below. For convenience, the application is restated herein in its entirety. 2. Decreed name of structure for which change is sought: The District seeks to change its undivided thirty-five percent (35%) interest in and to the John G. Coy Ditch, having priority of appropriation No. 13 in Water District No. 3, Water Division No. 1 of the State of Colorado (also known as and hereinafter referred to as the “Coy Ditch”). 3. Description of previous decree: A. Original adjudication: Decreed by the District Court in Larimer County, Colorado on April 11, 1882 in Civil Action No. 320. B. Decreed point of diversion: The Cache la Poudre River in the NW1/4 of Section 12, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado. A map showing the point of diversion of the Coy Ditch is attached hereto as EXHIBIT A. C. Source: Cache la Poudre River. D. Appropriation dates and amounts: Priority No. Appropriation Date Amount (c.f.s.)

13 4/10/1865 31.63

E. Historic use: The water represented by the District’s undivided thirty-five percent (35%) interest (the “Subject Water Right”) was used historically for irrigation of approximately 90 acres of land (the “Subject Property”) the location of which is shown approximately on EXHIBIT A. A representative summary of historical diversion records for the Coy Ditch is attached hereto as EXHIBIT B. 4. Proposed changes: A. Change in point of diversion: The District may continue to divert the Subject Water Right at the decreed point of diversion or may instead divert the Subject Water Right at one or more of the following alternate points of diversion: i. Overland Trail Diversion Structure, with a point of diversion located on the South side of the Cache la Poudre River at a point 2,400 feet West and 1,500 feet North of the Southeast corner of Section 33, Township 8 North, Range 69 West; ii. Munroe Gravity Canal, a/k/a North Poudre Supply Canal, the headgate of which is located on the East bank of the Cache la Poudre River in the SW 1/4 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 37°27’30” East 3,647.5 feet; iii. New Mercer Ditch, the headgate of which is located on the South side of the Cache la Poudre River approximately one mile above the town of LaPorte in the SW1/4 of Section 28, Township 8 North, Range 69 West, at a place called Point of Rocks; iv. Larimer County Canal No. 2, the headgate of which is located on the South side of the Cache la Poudre River approximately one mile above the town of LaPorte in the SW1/4 of Section 28, Township 8 North, Range 69 West, at a place called Point of Rocks; v. North Poudre No. 16 (a/k/a Halligan Reservoir), as the same may be enlarged, which is located on the North Fork of the Cache la Poudre River, upon portions of Sections 29, 33 and 34, Township 11 North, Range 71 West; and vi. North Poudre Canal, the headgate of which is

located on the North Fork of the Cache la Poudre River, at a point 1,080 feet West and 170 feet North of the Southeast corner of Section 12, Township 10 North, Range 71 West. All of the identified alternate points of diversion are located in the 6th P.M., in Larimer County, Colorado. The District will not divert the Subject Water Right at the alternate points of diversion identified in ¶ 4.A., above, unless it first obtains the right to use that structure, if necessary, from the appropriate persons or entities. B. Change of use: The District seeks to add the following uses to the previously decreed irrigation use for the Subject Water Right: 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. C. Change in place of use: The Subject Water Right may be used by the District within its service area as that area now exists or from time to time may be expanded and outside of its service area by agreement. D. Change to include storage: The Subject Water Right may be stored prior to subsequent beneficial use in addition to the existing direct flow use. The Subject Water Right may be stored in any reservoir to which the District currently possesses or may in the future acquire storage rights, including but not limited to: i. The Overland Trail Reservoirs, subject of the pending water court application in Case No. 00CW251, 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, 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; and ii. North Poudre No. 16 (a/k/a Halligan Reservoir), as the same is described in paragraph 4.A.v., above. (Collectively, the “Reservoirs”) All of the Reservoirs are located in the 6th P.M., in Larimer County, Colorado. The District will not store the Subject Water Right in the Reservoirs, unless it first obtains the right to use those structures, if necessary, from the appropriate persons or entities. The District reserves the right to carry over any portion of the Subject Water Right which may be stored in the Reservoirs. E. Amount to be changed: An undivided thirty-five percent (35%) interest of the appropriated decreed amount – 31.65 cfs of Priority No. 13. F. Historical return flows: The District will replace historical return flows from the Subject Water Right in time, location, and amount as necessary to prevent injury to other vested and conditional water rights. G. Plan for operation: The District will divert the Subject Water Right either at the presently decreed diversion point or at the alternate points of diversion identified in paragraph 4.A., above, for either direct use or for storage in the Reservoirs. Diversions at the alternate points will only be made when water is physically and legally available under the Subject Water Right at the presently decreed diversion point. The District may replicate historical return flows by: leaving all or a portion of the Subject Water Right in the Coy Ditch and/or in the Cache la Poudre River; releasing a portion of the Subject Water Right from one or more of the Reservoirs; using credits generated from its municipal return flows resulting from the use of the Subject Water Right; and/or utilizing any other water rights owned or leased by the District. 5. Appropriative rights of substitution and exchanges: The District seeks a decree for conditional appropriative rights and for providing substitute supplies as identified herein. The upstream and downstream exchange points of the reach of the exchanges are identified and described as follows: A. Exchange from point (location where water is released in substitution and/or exchange): The Coy Ditch headgate as the same is described in ¶ 3.B., above. B. Exchange to points (locations where water is diverted by exchange): The Overland Trail Diversion Structure, the New Mercer Ditch, and the Larimer County Canal No. 2 as the same are described in ¶ 4.A.i., iii., and iv., above. C. Source of substitute supply: The source of substitute supply released for these exchanges is the Subject Water Right. D. Rate of exchanges: The District claims a maximum rate of exchange of 11.1 cfs, conditional, for each of the above-described exchanges, individually. If the District operates two or more exchanges simultaneously, the District will not exchange more than 11.1 cfs cumulatively at any one time. E. Appropriation date claimed: December 30, 2009. The appropriations were 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 Right to be used as the substitute supply, passage of a resolution by the District, and field work and engineering studies related to the claimed exchanges. F. Uses: All uses described in paragraph 4.B. above, by direct use or by storage and subsequent release. 6. Comments: A. Right to exchange: The District reserves the right to exchange the Subject Water Right 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, in pending Case No. 00CW251. B. Dominion, control and intent to reuse. The District claims all dominion and control of all return flows after initial use of the Subject Water Right, including but not limited to lawn irrigation return flows, leach field return flows and sewer return flows which the District seeks to quantify and decree herein, and claims the right to reuse, successively use, and dispose of such return flows by sale, contract, exchange, or otherwise to extinction. 7. Name and address of owners of the land on which the structures are located: A. The point of diversion for the Overland Trail Diversion Structure is on land owned by: (i) the City of Greeley, 1100 10th Street, 3rd Floor, Greeley, CO 80631; (ii) the Fort Collins – Loveland Water District, 4700 South College Avenue, Fort Collins, CO 80525; (iii) the North Weld County Water District, 33247 Highway 85, Lucerne, CO 80646; and (iv) the District. B. 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. C. The points of diversion for the New Mercer Ditch and the Larimer County Canal No. 2 are on land owned by James S. and Rose L. Brinks, 2405 N. Overland Trail, LaPorte, CO 80535. The structures themselves are owned by the New Mercer Ditch Company and the Larimer County Canal No. 2 Irrigation Company, whose addresses are P.O. Box 506, Fort Collins, CO 80522. D. The Overland Trail Reservoirs will be located on lands owned by: (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) the City of Greeley, 1100 10th Street, 3rd Floor, Greeley, CO 80631; (v) the Fort Collins – Loveland Water District, 4700 South College Avenue, Fort Collins, CO 80525; (vi) the North Weld County Water District, 33247 Highway 85, Lucerne, CO 80646; and (vii) the District. E. Halligan Reservoir is located on lands owned by: (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, whose address is P.O. Box 100, Wellington, CO 80549; (iv) the Landowners’ Association for Phantom Canyon Ranches, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525; (iii) United States of America Bureau of Land Management, General Delivery, Washington, DC 20090; (v) Free Enterprises, Inc., c/o Lee Stark, 1803 Garfield Avenue, Loveland, CO 80537; (vi) City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522; (vii) TJ Mac, Ltd., P.O. Box 9, Greeley, CO 80632-0009; and (viii) Gary C. and Mary J. Packard, 5142 Eagle Lake Drive, Fort Collins, CO 80524. F. 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. (4 pages) 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 March 2010 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 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.