DISTRICT COURT, WATER DIVISION 1, COLORADO OCTOBER 2005 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of OCTOBER 2005 for each County affected. 05CW253 Golden Gravel Company, c/o Reginald V. Golden, P.O. Box 54, Longmont, CO 80502, 303-702-0708 (Please send pleadings to: Wendy E. Slee, Bernard Lyons Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502, 303-776-9900). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Name of Structure: Neighbors Ponds Nos. 1 and 2. 3. Description of Conditional Water Rights: A. Original Decree: Entered December 21, 1992, in Case No. 84CW298(B), District Court for Water Division No. 1. B. Locations: 1. Neighbors Pond No. 1 will be located in a portion of the West 1/2 of the West 1/2 of §5, T2N, R69W of the 6th P.M., Boulder County, Colorado, more fully described as follows: Commencing at a point of the North line of said §5 whence Northwest corner thereof bears North 89°29’55” West 1127.21 feet; thence South 00°30’05” West 338.90 feet to the Point of Beginning; Thence South 28°57’00” East 316.00 feet; thence South 02°46’00” East 935.00 feet; thence North 69°36’00” West 305.00 feet; thence North 89°53’00” West 174.00 feet; thence North 69°09’00” West 715.00 feet; thence North 28°50’00” East 222.00 feet; thence North 05°21’00” West 560.00 feet; thence North 68°05’00” East 160.00 feet; thence North 87°02’42” East a distance of 727.64 feet to the Point of Beginning, containing 23.788 acres more or less. 2. Neighbors Pond No. 2 will be located in a portion of the West 1/2 of the West 1/2 of §5, T2N, R69W of the 6th P.M., Boulder County, Colorado, more fully described as follows: Commencing at a point on the North line of said §5 whence Northwest corner thereof bears North 89°29’55” West 403.27 feet; thence South 00°30’05” West 1488.46 feet to the Point of Beginning; Thence South 73°05’00” East 906.00 feet; thence South 07°30’00” West 175.00 feet; thence South 26°28’00” East 195.00 feet; thence South 03°33’00” West 560.00 feet; thence South 89°03’00” West 323.00 feet; thence South 49°14’00” West 207.00 feet; thence North 88°00’00” West 277.00 feet; thence North 50°48’00” West 378.00 feet; thence North 00°39’00” West 673.00 feet; thence North 22°26’41” East a distance of 421.54 feet to the Point of Beginning, containing 26.057 acres more or less. C. Sources: 1. The source of water for Neighbors Pond No. 1 is St. Vrain Creek via the Zweck & Turner Ditch. 2. The source of water for Neighbors Pond No. 2 is St. Vrain Creek via the James Mason Ditch also known as the Mason Meadow Ditch. D. Appropriation Date Amount: May 16, 1984. E. Amount: 1. Neighbors Pond No. 1 – 123 acre-feet at a maximum rate of 25 cfs CONDITIONAL. 2. Neighbors Pond No. 2 – 105 acre feet at a maximum rate of 5.45 cfs CONDITIONAL. F. Use: Agricultural, recreation, fish propagation and industrial. The lands proposed to be irrigated are as follows: 1.The Fredstrom parcel, 271 acres, located in the SE 1/4 §36 T3N R70W, the W 1/2 SW 1/4 §31 T3N R69W, the NE 1/4 NE 1/4 §1 T2N R70W and the NW 1/4 NW 1/4 §6 T2N R69W. 2. The Golden-Nelson parcel, 147 acres, located in the SE 1/4 §5 T2N R69W and the E 1/2 SW 1/4 §5 T2N R69W. 3. The Golden Farm parcel, 60 acres, located in the W 1/2 §5 T2N R69W. 4. The Golf Range parcel, 38 acres, located in the NW 1/4 NE 1/4 §9 T2N R69W. 5. The Redman parcel (South Flat Land Company), 120 acres, located in the E 1/2 NE 1/4 §6 T2N R69W and the NW 1/4 NW

1/4 §5 T2N R69W. 6. The Stewart Golden parcel, 40 acres, located in the SE 1/4 NE 1/4 §6 T2N R69W. For a total of 676 acres. 4. Previous Diligence Decree: Applicant obtained a decree continuing the conditional water right for Neighbors Ponds Nos. 1 and 2 in Case No. 98CW455 on October 22, 1999. 5. Claim for Diligence: During the diligence period, Neighbors Pond No. 1 was constructed at a cost of approximately $100,000. The construction of Neighbors Pond No. 1 is complete with the exception of some final reclamation details. Additionally, approximately 90 percent of Neighbors Pond No. 2 was constructed at a cost of approximately $90,000. 6. Names and addresses of owners of land on which structures are located: Applicant. 2005CW254 CYNTHIA G. BEMENT, P.O. Box 667, Salida, CO 81201, (719) 539-7071 and LORI A. FLEMING, P.O. Box 8306, Catalina, AZ 85738, (480) 813-3955, APPLICATION FOR UNDERGROUND WATER RIGHTS, IN DOUGLAS COUNTY. Ms. Cynthia G. Bement and Ms. Lori A. Fleming are collectively referred to herein as “Applicant.” Pursuant to an Agreement dated August 1, 2005, Applicant granted a non-exclusive license to Mr. Dean Daniels for the adjudication of all Denver Basin ground water underlying the property described in this application, to be filed under the name of Applicant. The name, address and telephone number of Mr. Dean Daniels, as licensee, are as follows: Dean Daniels, c/o Robert L. Hier, Sr., 801 S. Perry Street, Suite 100, Castle Rock, CO 80104, (303) 688-3105, Heather A. Warren, Timothy R. Buchanan, P.C., 7703 Ralston Road, Arvada, CO 80002, (303) 431-9141. 2. Names of wells: The names of the wells proposed to be constructed at the locations described herein are specified below. Additional wells to be constructed pursuant to this application will be designated at such time as they are constructed. 3. Legal description of wells: Applicant seeks a determination of its rights to the ground water in the Upper Dawson, Lower Dawson, Arapahoe, Denver, and Laramie-Fox Hills Aquifers underlying approximately 133.88 acres in a portion of the NE1/4 of the SE1/4 of Section 27, Township 7 South, Range 66 West of the 6th Principal Meridian and being the N1/2 of the SW1/4 and the NW1/4 of the SE1/4 of Section 26, Township 7 South, Range 66 West of the 6th Principal Meridian, County of Douglas, State of Colorado, that property being more fully described in Exhibit A attached hereto (the “Property”). The approximate boundaries of the Property are depicted on the attached Exhibit B. The following wells will be located within the boundaries of the Property: A. Daniels Well UD-1: This well will withdraw water from the Not Nontributary Upper Dawson Aquifer. B. Daniels Well LD-1: This well will withdraw water from the Nontributary Lower Dawson Aquifer. C. Daniels Well D-1: This well will withdraw water from the Nontributary Denver Aquifer. D. Daniels Well A-1: This well will withdraw water from the Nontributary Arapahoe Aquifer. E. Daniels Well LFH-1: This well will withdraw water from the Nontributary Laramie-Fox Hills Aquifer. Applicant requests the right to locate the wells at any point within the boundaries of the Property described in the attached Exhibit A, without the necessity of filing an amendment to this application, republishing, or petitioning the Court for the opening of any decree hereafter entered. See 2 CCR 402-7, Rule 11. 4. A. Source: The ground water in the Upper Dawson Aquifer underlying the boundaries of the Property is not nontributary ground water as defined by Section 37-90-103(10.7), C.R.S., and as defined by 2 CCR 402-6, Rule 5. The ground water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers as they underlie the boundaries of the Property is nontributary ground water as defined by Section 37-90-103(10.5), C.R.S., and as defined by 2 CCR 402-6, Rule 5. B. Depth: The depth to fully penetrate the Upper Dawson Aquifer is estimated to be 300 feet. The depth to fully penetrate the Lower Dawson Aquifer is estimated to be 700 feet. The depth to fully penetrate the Denver Aquifer is estimated to be 1450 feet. The depth to fully penetrate the Arapahoe Aquifer is estimated to be 2000 feet. The depth to fully penetrate the Laramie-Fox Hills Aquifer is estimated to be 2600 feet. The depths will vary according to the actual topographic location of the well and the depth of the aquifer. 5. A. Date of appropriation: Not applicable. B. How appropriation was initiated: Not applicable. C. Date water applied to

beneficial use: Not applicable. 6. Amount claimed: The quantities of ground water described below are estimated quantities and the Applicant requests that this Court retain jurisdiction pursuant to Section 37-92-305(11), C.R.S., for the purpose of adjusting the annual amount of withdrawal decreed from the Upper Dawson, Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers, as they underlie the Property, to conform to actual local aquifer characteristics determined from well drilling or test holes. A. Upper Dawson Aquifer: The estimated average number of feet of saturated aquifer materials in the Upper Dawson Aquifer underlying the Property is 200 to 250 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Upper Dawson Aquifer is 20%. Based on the overlying acreage of 133.88 acres and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 53.55 to 66.94 acre-feet. Each well constructed to withdraw water from the Upper Dawson Aquifer shall be an alternate point of diversion for each other well in the Upper Dawson Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Upper Dawson Aquifer herein through any combination of wells drilled into the Upper Dawson Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. B. Lower Dawson Aquifer: The estimated average number of feet of saturated aquifer materials in the Lower Dawson Aquifer underlying the Property is 50 to 75 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Lower Dawson Aquifer is 20%. Based on the overlying acreage of 133.88 acres and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 13.39 to 20.08 acre-feet. Each well constructed to withdraw water from the Lower Dawson Aquifer shall be an alternate point of diversion for each other well in the Lower Dawson Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Lower Dawson Aquifer herein through any combination of wells drilled into the Lower Dawson Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. C. Denver Aquifer: The estimated average number of feet of saturated aquifer materials in the Denver Aquifer underlying the Property is 200 to 300 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Denver Aquifer is 17%. Based on the overlying acreage of approximately 133.88 acres and an aquifer life of 100 years, the average annual amount of withdrawal from the Denver Aquifer is estimated to be 45.52 to 68.28 acre-feet. Each well constructed to withdraw water from the Denver Aquifer shall be an alternate point of diversion for each other well in the in the Denver Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Denver Aquifer herein through any combination of wells drilled into the Denver Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. D. Arapahoe Aquifer: The estimated average number of feet of saturated aquifer materials in the Arapahoe Aquifer underlying the Property is 225 to 275 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Arapahoe Aquifer is 17%. Based on the overlying acreage of 133.88 acres and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 51.21 to 62.59 acre-feet. Each well constructed to withdraw water from the Arapahoe Aquifer shall be an alternate point of diversion for each other well in the Arapahoe Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Arapahoe Aquifer herein through any combination of wells drilled into the Arapahoe Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. E. Laramie-Fox Hills Aquifer: The estimated average number of feet of saturated aquifer materials in the Laramie-Fox Hills Aquifer underlying the Property is 200 to 225 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Laramie-Fox Hills Aquifer is 15%. Based on the overlying acreage of 133.88 acres and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 40.16 to 45.18 acre-feet. Each well constructed to withdraw water from the Laramie-Fox Hills Aquifer shall be an alternate point of diversion for each other well in the Laramie-Fox Hills Aquifer, and

Applicant requests the right to annually withdraw the total acre-feet requested from the Laramie-Fox Hills Aquifer herein through any combination of wells drilled into the Laramie-Fox Hills Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. 7. Proposed use: Applicant proposes to apply the water withdrawn from the Upper Dawson, Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers to the following beneficial purposes: domestic, industrial, commercial, irrigation, stockwatering and fire protection, including reuse and successive uses until such water has been entirely consumed. The water may be used through immediate application to beneficial uses, for storage and subsequent application to beneficial uses, for exchange purposes, for replacement of depletions and for augmentation purposes. 8. Names and addresses of owners of land on which wells will be located: Cynthia G. Bement, P.O. Box 667, Salida, CO 81201, Lori A. Fleming, P.O. Box 8306, Catalina, AZ 85738. 9. Remarks: A. The allowed annual amount of withdrawal may exceed the allowed average annual amount of withdrawal as long as the total volume of water withdrawn from each aquifer does not exceed the product of the number of years since the date of entry of a decree in this case, times the allowed average annual amount of withdrawal. 2 CCR 402-7, Rule 8A. B. The groundwater will be withdrawn at a pumping rate consistent with sound engineering principles and practices. Construction and equipping of the wells will be pursuant to the following conditions: i. Ground water production from each well will be limited to the aquifer into which the well is drilled. Plain, non-perforated casing will be installed and properly grouted so as to prevent withdrawal of water from more than one aquifer. ii. A totalizing flow meter will be installed on the pump discharge prior to diversion of water beneficial uses. 2 CCR 402-7, Rule 15. Annual records of all diversions will be maintained by the well owner and submitted to the Division Engineer upon request. iii. Each well will be equipped so that the water level may be measured and monitored. iv. The borehole of each well below the surface casing will be geophysically logged prior to installation of final casing in conformance with the Statewide Nontributary Ground Water Rules. 2 CCR 402-7, Rule 9. C. Well permit applications will be filed with the Colorado Division of Water Resources (“State Engineer”) at such time as the Applicant is ready to drill the wells described herein. Applicant requests a determination and order that the State Engineer shall issue well permits in accordance with the decree entered herein. Applicant further requests a determination that should Applicant fail to construct any well prior to the expiration of the corresponding well permit, Applicant may reapply to the State Engineer for a new well permit and the State Engineer shall issue a new permit identical to the expired well permit. D. Applicant asserts that the water rights that are the subject of this application are not “conditional water rights”, as that term is defined by Section 37-92-103(6), C.R.S., but are water rights determined by Section 37-90-137, C.R.S. Therefore, Applicant requests that the Court enter an order finding and determining that Applicant shall not be required to file applications for findings of reasonable diligence for the water rights that are the subject of this application. E. Withdrawal of ground water from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers will be subject to the relinquishment of 2% of the amount of water withdrawn as required by Section 37-90-137(9)(b), C.R.S., and 2 CCR 402-6, Rule 8. (10 pages) 2005CW255 JEFF LINDAUER, 255 King Street, #1409 San Francisco, CA 94107 APPLICATION FOR SURFACE WATER RIGHTS, IN LARIMER COUNTY. Donald W. Lindauer Spring #44 located in the NE1/4 NE1/4, S10, T7N, R72W, 6th P.M., 35’ from the N and 225’ from the E section lines. 30534 West County Road 44H, Bellevue CO 80512; Source: Spring. Date and method of initiation of appropriation: 09/19/2005 (installation of cistern served by Spring). Amount claimed: .0066cfs. Absolute. Proposed use: Household use on seasonal basis for mountain cabin. Typical interior household water usage. No yard/landscape irrigation.

05CW256 BRENT M. BOWMAN AND ALETA L. BOWMAN, 1221 N. Castlewood Drive, Franktown, CO 80116 (303-688-0293). (Name of attorney: Jaime L. Stewart, 413 North Wilcox Street, Suite 100, Castle Rock, CO 80104. 303-688-1655). APPLICATION FOR UNDERGROUND WATER RIGHT, IN DOUGLAS COUNTY. Name of well: Bowman Well. Permit Number 98364. Legal description: SE1/4 SE1/4 S4, T8S, R66W, 6th PM in Douglas County. Distance from section line: 1300 Feet from S and 325 Feet from E. Street address: 1221 N. Castlewood Drive, Franktown, CO 80116. Subdivision: Castlewood North. Lot 20. Source: Lower Dawson Aquifer. Depth: 448 feet. Date of appropriation: May 11, 1978. How appropriation was initiated: By construction of well and installation of a Pump. Date water applied to beneficial use: June 23, 1978. Amount claimed: 11 gpm ABSOLUTE. Name of Aquifer: Lower Dawson. Amount claimed in acre feet annually: 1.Area of lawns and gardens irrigated: 1 acre. Purpose: Domestic use for one single family dwelling, watering of lawn and trees, and water domestic animals and livestock. 05CW257 Habakkuk Limited Liability Company, C/o Lindsay Case, 102 East Pikes Peak Ave, Suite 200, Colorado Springs, CO 80903, (719-237-2623). MacDougall, Woldridge & Worley, PC, Henry D. Worley, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905 (719-520-9288) Attn. Reg. #14368. APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUND WATER AND FOR APPROVAL OF PLAN FOR AUGMENTATION IN EL PASO COUNTY. 2. Names of wells and permit, registration, or denial numbers: permit no. 139864. This structure is currently permitted as an exempt well in the Dawson aquifer. Applicant is not certain that there is a well on the Property which corresponds to this permit number. 3. Legal description of wells: at any location on the Property. Applicant hereby waives the 600 foot spacing rule in regard to all Dawson aquifer wells constructed on the Property in the W1/2 NW1/4 and the N1/2 NE1/4 S23, T11S, R64W, 6th PM. 4. Source: Not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer, and nontributary Laramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Not nontributary Dawson aquifer, 15 g.p.m. for each of 35 wells, 106 acre feet annually, absolute; nontributary Denver aquifer, 100 g.p.m., 81 acre feet annually, absolute; nontributary Arapahoe aquifer, 100 g.p.m., 60 acre feet annually, absolute; nontributary Laramie-Fox Hills aquifer, 100 gpm, 51 acre feet annually, absolute. The above amounts will be changed in any proposed decree submitted to the Court for signature to take into account the State Engineer's Determination of Facts. The Water Court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for wells in such aquifers. 7. Proposed use: All beneficial uses, including without limitation indoor residential and commercial, landscaping including irrigation and decorative ponds and fountains, hot tubs and swimming pools, livestock water, fire fighting and augmentation. 8. Names and addresses of owners of land on which well is located: Same as Applicant. 9. Remarks: A. There are no liens against the Property, so the notice provisions of C.R.S. 37-93-302(b) are not applicable. B. Applicant is the owner of well permit 139864, which is a permit for an exempt Dawson aquifer well purportedly located on the Property. Applicant requests that the State Engineer’s Determination of Facts for the Dawson aquifer include as water available for appropriation, the water which would otherwise be allocated to well permit 139864. After entry of the decree adjudicating the Denver Basin water and approving the plan for augmentation described below, Applicant will apply for a new well permit for 139864, the terms of which are consistent with the decree, and with applicable statutes and regulations. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION: 10. Name of structures to be augmented: Up to 35 Dawson aquifer wells, including well permit 139864, if it actually exists. No other water rights are or will be diverted from these wells. 11. Previous decrees for water rights to be used for augmentation: None. 12.

Historic use: Not applicable. 13. Statement of plan for augmentation: A. Water Demand. Applicant will subdivide the Property into as many as 35 lots for single family residences and/or commercial uses. Uses of water on such lots will be for indoor uses for drinking and sanitary purposes, for livestock watering and for landscape irrigation, hot tubs, swimming pools and landscape uses including irrigation of lawns and gardens and decorative ponds and fountains. Total annual pumping from the Dawson aquifer will be limited to 35 acre feet total. Indoor water usage for each house is expected to equal 0.30 acre foot per house. A typical hot tub may require approximately 1,400 gallons (0.004 acre foot) per year; a swimming pool, 7,500 gallons (0.023 acre foot) per year; landscape irrigation, annual applications of 1.75 acre feet per acre, or 0.04 acre foot per 1,000 square feet; livestock watering, ten gallons per horse per day, or 0.011 acre foot per horse per year. Applicant’s intention is to limit annual diversions to 1.0 acre foot per lot, but not to otherwise restrict in the decree which of these uses may occur. When lot owners apply for well permits, they will designate how they intend to “allocate” their 1.0 acre foot on their well permit applications, based on the above criteria. B. Water Consumption and Return Flows. It is generally accepted that no more than ten percent of water used indoors in residences using non-evaporative septic systems and leach fields for wastewater disposal is consumed, with 90 percent returning to the stream system. Although there will be some return flows from other uses, Applicant will rely only on return flows from septic systems and leach fields for replacement of depletions during pumping. C. Replacement of Stream Depletions During Pumping. Based on computer modeling, stream depletions will occur to several tributaries of the South Platte River, including Kiowa and Bijou Creeks. Applicant proposes to replace all stream depletions to West Bijou Creek. Computer modeling indicates that during pumping stream depletions will gradually increase to a maximum of nine percent of annual pumping in the 300th year, or 3.15 acre feet based on annual pumping of 35 acre feet. Applicant proposes to replace those depletions with septic system return flows, which will equal 9.45 acre feet annually for 35 lots. Thus, return flows from 35 septic systems will always exceed stream depletions during pumping. D. Replacement of Stream Depletions After Cessation of Pumping. Applicant agrees to replace depletions for the shortest of the following periods: the period provided by the Colorado Legislature, should it eventually specify one and if the Applicant obtains water court approval for such modification, the period determined by the State Engineer, should the State Engineer lawfully establish such a period; the period established through rulings of the Colorado Supreme Court in relevant cases; or until Applicant petitions the water court and after notice to parties in the case proves that it has complied with all statutory requirements. Applicant will reserve adequate water from one of the nontributary aquifers underlying the Property for the replacement of post-pumping depletions, unless and until such time as any of the above conditions occurs which terminates the obligation to replace post-pumping depletions, or unless Applicant obtains judicial approval of another source of replacement water for post-pumping depletions. Applicant shall make post-pumping replacements annually to replace modeled stream depletions. E. Miscellaneous. (1) As stated above, after entry of this decree, Applicant shall apply for a new well permit for existing permit 139864 on terms consistent with the decree in this case and with applicable regulations and statutes. (2) Applicant will establish restrictive covenants on the Property which: (a) restrict total pumping from the Dawson aquifer to no more than 1.0 acre foot annually per well; (b) require the use of non-evaporative septic systems for wastewater treatment; (c) reserve adequate nontributary water for replacement of post-pumping depletions, which reservation may be voided upon the occurrence of any of the events specified above eliminating the need for such reservation; and (d) which inform the future homeowners that they will be required to construct a well or wells into one of the nontributary aquifers underlying the property for replacement of post-pumping depletions if the source of augmentation water is unchanged. Restrictive covenants limiting the area to be irrigated or the number of horses, or their water-consuming equivalents, which are allowed on the Property, are unnecessary because the limitation to 1.0 acre foot of total pumping annually per lot, and the requirement that non-

evaporative septic systems be used, ensures that return flows will exceed depletions throughout the 300 year pumping period. 2005CW258, JACK L. AND PAMELA L. MCLAUGHLIN, Applicants, IN ELBERT COUNTY, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, 1. Name, Address, Telephone Number of Applicants: Jack L. and Pamela L. McLaughlin, 2743 N. Flintwood Road, Franktown, Colorado 80116, (303) 841-0922 through their attorneys Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702, 2. Well Permits: Well permits will be applied for prior to construction of the wells., 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 320 acres of land located in the E1/2NE1/4 of Section 11, and the NW1/4 and N1/2SW1/4 of Section 12, except for the south 44.59 feet of the N1/2SW1/4 of Section 12, T10S, 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 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 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 subject aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 242 feet 154 acre-feet Lower Dawson 131 feet 84 acre-feet Denver 239 feet 130 acre-feet Arapahoe 274 feet 149 acre-feet Laramie-Fox Hills 204 feet 98 acre-feet Applicants will reserve part of the Upper Dawson aquifer water which may be available for use through an exempt well pursuant to Section 37-92-602, C.R.S., 6. Well Fields: Applicants request the right to withdraw all of the legally available groundwater lying below the Subject Property, through 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 and reused for domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection, and augmentation purposes, on and off the Subject Property., 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S., 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 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 37-90-137(4), C.R.S., and water is legally available for withdrawal from the aquifers proposed herein. B. The groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Upper Dawson aquifer is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; 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. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 05CW259 RICHARD D. STRICKLAND, 4830 Weld County Road 34, Platteville, CO 80651 (970 535-4721). Application To Make Absolute a Conditional Water Right, IN WELD COUNTY. Drainage Ditch, Pond (Reservoir), previously decreed in Water Division No. 1 Case Nos. 89CW76, 95CW219, is located in NE1/4 NE1/4, S14, T3N, R68W, 6th P.M., Weld County, 800’ from the N and 800’ from the E section lines. Source: Highland Ditch. Appropriation: May 30, 1989. Amount: 11/2 to 2 acre ft per year. Use: Irrigation. Steps toward completion: Cleaned and maintained 2 to 3 times a year from 1984 to present with annual cost of $100. to $200, dam built 1990 cost $1000., cleaned silt from pond 1996 cost $700., 2003 cost $1250., silt pit dug to trap silt prior to divide box which directs water to Dorothy’s Pond or on down drainage ditch to stream in 2000 cost for cleaning $1250. Built divider box in 1990 cost $350., Pump and sprinkler system cost $550. and $300., Ditch from B.L. Swift seepage ditch to pone for pumping out the fields cost $100. Date water applied to beneficial use: Late April each year. Amount: 1/2 to 11/2 acre ft. Use: Irrigation 2005CW260, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, SANDRA AND LOWELL HAUGEN, Applicants, IN EL PASO COUNTY., 1. Name, Address, Telephone Number of Applicants: Sandra and Lowell Haugen, 18885 Brown Road, Colorado Springs, CO 80908-1101, (719) 495-4279, through their attorneys, Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, telephone: (303) 534-0702, 2. Well Permits: Well permits will be applied for prior to construction of the wells., 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 98 acres of land located in part of the W1/2 of Section 7, T11S, R65W of the 6th P.M., as described and shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Dawson aquifer is not nontributary as described in 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 Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Dawson 463 feet 80 acre-feet(NNT) Denver 479 feet 80 acre-feet(NT)

Arapahoe 263 feet 44 acre-feet(NT) Laramie-Fox Hills 201 feet 30 acre-feet(NT) Applicants will reserve part of the Dawson aquifer water which may be available for use through exempt wells, including an existing well as permitted in Well Permit No. 108262., 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 and reused for domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife, and augmentation purposes, on or off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 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. 2005CW261, MITCH TREVEY, Applicant, IN ELBERT COUNTY, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, 1. Name, address, and telephone number of Applicant:, Mitch Trevey, 5619 DTC Parkway, Suite 1005, Greenwood Village, CO 80111, (303) 318-4200 through his attorneys Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702, 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 160 acres of land, located in the W1/2SW1/4, NE1/4SW1/4, and the NW1/4SE1/4 of Section 23, T7S, R65W 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 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based on current values in the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 174 feet 55 acre-feet Lower Dawson 102 feet 35 acre-feet

Denver 185 feet 57 acre-feet Arapahoe 262 feet 81 acre-feet Laramie-Fox Hills 209 feet 57 acre-feet Applicant may reserve part of the Upper Dawson aquifer water for use through exempt wells. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, 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. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S., 7. Proposed Use: Applicant will use and reuse the groundwater for domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection and augmentation purposes, on or off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S., 9. Description of plan for augmentation: A. Groundwater to be augmented: 13.6 acre-feet per year for 300 years of the Upper Dawson aquifer groundwater as requested herein as described in paragraph 5 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 Upper Dawson water to supply up to sixteen individual wells on sixteen residential lots to be located on the Subject Property at rates of flow of 15 gpm. Each well will require approximately 0.85 acre-feet per year for 300 years for inhouse use (0.4 acre-feet), irrigation/limited to 7000 square-feet of lawn and garden (0.4 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet). Applicant reserves the right to amend these amounts and values without the necessity of amending or republishing this application. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicant, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicant will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicant estimates that depletions may occur to the Running Creek stream system. Return flows from use of the subject water rights 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. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet future augmentation requirements. 10. Remarks: Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicant will withdraw part of the Upper Dawson aquifer requested herein over a 300 year pumping period under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: 11. 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; 12. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, 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 Applicant's 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 and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is 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; D. No findings of diligence are required to maintain these water rights. 05CW262 The City Of Fort Collins City of Fort Collins, c/o Natural Resources Department, 200 W. Mountain Avenue, P.O. Box 580, Fort Collins, CO 80522-0580, (970)221-6600; c/o Michael D. Shimmin, Vranesh and Raisch, LLP, P.O. Box 871, Boulder, CO 80306. APPLICATION FOR WATER STORAGE RIGHTS, IN LARIMER COUNTY. Name of Reservoirs: This Application involves four reservoirs located within the Kingfisher Point Natural Area. They are collectively referred to as the “Kingfisher Point Ponds.” The four separate ponds are described as follows: a.Gadwall Pond. b. Canvasback Pond. c. Goldeneye Pond. d. Dragonfly Pond. Legal Description: The Kingfisher Point Ponds are located in the W 1/2 of Section 17 and the E 1/2 of Section 18, both in Township 7 North, Range 68 West, 6th P.M., Larimer County, Colorado. The four ponds are all excavated reservoirs that were originally constructed as gravel mines. They do not have dams. The specific locations of the four ponds are depicted on the map attached to this Application as Figure 1. All four ponds are located within the city limits of Fort Collins. These ponds are off-channel reservoirs, which fill by ground water infiltration from the alluvium of the Cache La Poudre River. Therefore, they do not have filler ditches. Source: Ground water tributary to the Cache La Poudre River. Date of Appropriation: June 2, 1992. This appropriation was initiated by gravel mining and issuance of a well permit for these ponds. Fort Collins later purchased the property upon which the Kingfisher Point Ponds are located for use as a natural area. Kingfisher Point Natural Area was opened to the public in 1998, and water has been applied to the beneficial uses listed below since that time. Amount: a. Gadwall Pond — 423 af, ABSOLUTE. b. Canvasback Pond — 297 af, ABSOLUTE. c. Goldeneye Pond — 350 af, ABSOLUTE. d. Dragonfly Pond — 215 af, ABSOLUTE. Use: Recreation, fishing, non-motorized boating, maintenance of wildlife and wildlife habitat, including piscatorial use, preservation of wetland areas and plant species, and maintenance of ponds as a natural area. Surface Area: a. Gadwall Pond — 16.9 acres. b. Canvasback Pond — 11.7 acres. c. Goldeneye Pond — 13.99 acres. d. Dragonfly Pond — 8.58 acres. Total Capacity: The capacity of these reservoirs is all dead storage. However, the water level fluctuates according to natural fluctuations in the river level and ground water table. a. Gadwall Pond — 423 acre-feet. b. Canvasback Pond — 297 acre-feet. c. Goldeneye Pond — 350 acre-feet. d. Dragonfly Pond — 215 acre-feet. Landowner: All four of the Kingfisher Point Ponds are located on land owned by Fort Collins. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. Name of Structures to be Augmented: Kingfisher Point Ponds. No other water rights are diverted from these ponds. Water Rights to be Used for Augmentation: Fort Collins owns or controls several water rights that are previously decreed as fully consumable and are available as augmentation sources in this case. Fort Collins may use water from any or all of these rights to replace the evaporation from the Kingfisher Point Ponds pursuant to this Plan for Augmentation. Water from these sources can be delivered to the Cache La Poudre River upstream from any calling water right located down stream from the Kingfisher Point Ponds. Water from these rights may be delivered by direct use, released from storage, or discharged from Fort Collins’ wastewater treatment facilities. The specific water rights that Fort Collins may use as augmentation sources under this plan are described as follows: A. Arthur Irrigation Company shares, which have been changed to include consumptive use and augmentation use in Case No.

92CW129, Water Division No. 1, by Decree dated October 2, 1996. Arthur Irrigation Company owns several surface water rights, including Priority No. 2 with an appropriation date of June 1, 1861; Priority No. 19, with an appropriation date of July 1, 1886; Priority No. 29, with an appropriation date of June 1, 1868; Priority No. 32, with an appropriation date of June 1, 1869; Priority No. 38, with an appropriation date of April 1, 1871; Priority No. 52, with an appropriation date of July 20, 1872; and Priority No. 68, with an appropriation date of September 1, 1873. B. Larimer County Canal No. 2 Irrigating Company shares, which have been changed to include consumptive use and augmentation use in Case No. 92CW129, Water Division No. 1, by Decree dated October 2, 1996. Larimer County Canal No. 2 Irrigating Company owns one surface water right, Priority No. 57 with an appropriation date of April 1, 1873. C. New Mercer Ditch Company shares, which have been changed to include consumptive use and augmentation use in Case No. 92CW129, Water Division No. 1, by Decree dated October 2, 1996. New Mercer Ditch Company owns several surface water rights, including Priority No. 25, with an appropriation date of October 1, 1867; Priority No. 33, with an appropriation date of September 1, 1869; Priority No. 47, with an appropriation date of October 10, 1871; Priority No. 49, with an appropriation date of July 1, 1872; and Priority No. 98, with an appropriation date of February 15, 1880. D. Warren Lake Reservoir Company shares, which have been changed to include consumptive use and augmentation use in Case No. 92CW129, Water Division No. 1, by Decree dated October 2, 1996. Warren Lake Reservoir Company owns several surface water rights, including Priority No. 76, with an appropriation date of April 15, 1875; Priority No. R-31, with an appropriation date of January 10, 1893; and Priority No. R-100, with an appropriation date of July 27, 1908. E. The Michigan Ditch Supplement System. Water rights for the Michigan Ditch Supplement System were decreed to Fort Collins in Case No. 88CW206, Water Court for Water Division 6, on October 6, 1989. By this decree, Fort Collins is entitled to divert and use to extinction 146 cfs of water. This is transmountain water that is decreed for augmentation use. Subsequent diligence decrees related to this water right have also been entered by the Water Court for Water Division 6 in Case Nos. 95CW127 and 02CW96. F. Joe Wright Reservoir. Joe Wright Reservoir is owned by Fort Collins, and it has several decrees. The water rights available for use as augmentation sources under this plan come from: the refill right, which is Priority No. 136-Q, with an appropriation date of December 31, 1921, decreed by the Larimer County District Court in Civil Action No. 11217 on September 10, 1953; the enlargement right that was awarded an appropriation date of February 18, 1971, by decree of the Water Court for Water Division 1 dated June 6, 1972; and these two water rights were changed to include fully consumptive use by decree in Case No. W-9322-78, Water Court for Water Division 1, on April 24, 1979. Pursuant to these decrees, Fort Collins is entitled to divert and consumptively use approximately 6,471 acre-feet annually from Joe Wright Reservoir. Additional decrees making findings of diligence and determining that these water rights had become absolute were entered by the Water Court for Water Division 1 in Case Nos. W-128, W-1424, W-7963, 80CW199, and 82CW412. G. Colorado-Big Thompson (CBT) Water. The City of Fort Collins (including the location of the Kingfisher Point Ponds) is located within the boundaries of the Northern Colorado Water Conservancy District. Fort Collins owns 18,855 Units of CBT water, which is transmountain water. As set forth in the Interim Rule adopted by the Northern Colorado Water Conservancy District in May, 2005 to govern the use CBT water in augmentation plans, Fort Collins shall not use Colorado-Big Thompson Project water as a replacement water supply within the plan for augmentation herein, unless, prior to such use, Fort Collins notifies and obtains written approval from the Northern Colorado Water Conservancy District specifically allowing such use. If approved by Northern, Fort Collins may use CBT water in this plan. H. Windy Gap Project Water. Windy Gap water is currently provided to Fort Collins each year by the Platte River Power Authority under terms and conditions of a detailed reuse agreement. Windy Gap water is transmountain water that is decreed as fully consumable. The reuse agreement has been previously approved by this Court in Case No. W-9322-78, by decree dated April 24, 1979.

Historical Use: No historical use information about the water rights to be used for augmentation is being provided in this application because all of the augmentation water sources are already decreed to include consumptive use and augmentation use by previous decree, or are transmountain water sources. Therefore, no determination of historical use is needed or sought in this application. Statement of Plan for Augmentation: Kingfisher Point Ponds are all excavated reservoirs that were originally constructed as gravel mines. Replacement of evaporation has previously taken place under a gravel mine substitute water supply plan and gravel pit Well Permit No. 41269-F. The purpose of this plan is to provide a permanent augmentation plan to replace the out-of-priority evaporation that occurs from the non-grandfathered surface area exposed subsequent to December 31, 1980. Studies for Fort Collins have calculated that there are currently 51.34 acres of exposed ground water in the Kingfisher Point Ponds. Of this amount, 40.64 acres were exposed prior to December 31, 1980. Pursuant to C.R.S. § 37-90-137(11)(b), these acres are grandfathered and no replacement of evaporation from them is required. These same studies have calculated that 10.7 acres of exposed ground water were created subsequent to December 31, 1980. This exposed surface area is the basis for this augmentation plan. In this case, Fort Collins seeks a final determination of the total exposed surface area, the portion that is grandfathered, and the portion that must be augmented. Studies done for Fort Collins calculate the total gross evaporation from the 10.7 surface acres at 3.22 feet per acre per year, and the net evaporation at 2.34 feet per acre per year, using the State Engineer’s SB-120 guidelines. Fort Collins seeks a final determination of the amount of out-of-priority evaporation that is occurring. These studies indicate that the total annual depletion to the Cache La Poudre River that may require replacement is approximately 25.05 acre-feet per year. Fort Collins proposes to use a Glover analysis to determine the timing pattern for when this evaporation depletes the Cache La Poudre River, after considering the time lag between the ponds and the river. Using this methodology, a monthly pattern of augmentation requirements has been calculated, and those will be determined in this case. Fort Collins plans to use the water rights listed above to replace the calculated depletions that reach the river and are out-of-priority, at the time and in the amount they occur. These replacements will be made above the headgate of any downstream calling water right. The administrative date for determining when depletions are out-of-priority for this plan should be June 2, 1992, which is the date that Well Permit No. 41269-F was issued for the gravel mine. Studies done for Fort Collins indicate that of the total potential replacement of 25.05 acre-feet, approximately 18.3 acre-feet occur during the April to October irrigation season and the remaining 6.75 acre-feet occur during the November to March non-irrigation season. Fort Collins believes that the operation of the proposed plan for augmentation will prevent injury to other water rights, and in this case, seeks approval of this plan for augmentation and a determination of whether additional terms and conditions are needed to prevent such injury. Landowners: No new diversion or storage structures, or modification to any existing diversion or storage structures are being proposed in this application. The land upon which water is stored in the Kingfisher Point Ponds is all owned by Fort Collins. 2005CW263 Little Thompson Water District (“Little Thompson”), c/o Erik A. Anglund, Water Resource Engineer, 835 E. Hwy. 56, Berthoud, CO 80513. APPLICATION FOR A CONDITIONAL WATER RIGHT AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, INCLUDING AN APPROPRIATIVE RIGHT OF EXCHANGE, IN LARIMER AND WELD COUNTIES. I. This Application seeks a conditional storage water right and approval of a plan for augmentation, including an appropriative right of exchange of Applicant’s reusable sewered return flows. These water rights will be used together by the Applicant to serve a development that was formally called Saint Vrain Lakes, but in the future will be known as “Bayshore.” To eliminate any confusion, this Application will refer to the development as Bayshore. A map depicting the location and boundaries of Bayshore is attached as Exhibit A. Bayshore is located within the Little Thompson Service Area. A map of Applicant’s

current service area is attached as Exhibit B. The Bayshore development will have a dual water supply system through which the Applicant will deliver both potable and non-potable water to residences for in-house and outdoor use, respectively. In addition, the Applicant will also use non-potable water for the irrigation of private and public landscaped areas within the Bayshore development. This Application is not intended to quantify and claim credit for lawn irrigation return flows (a.k.a. Non-Sewered Return Flows) resulting from the use of fully consumable water for outdoor irrigation purposes. Applicant will, however, continue to maintain dominion and control over all such water, and reserves the right to file an application adjudicating its use of the Non-Sewered Return Flows in the future. II. CONDITIONAL STORAGE WATER RIGHT - BAYSHORE LAKES A. Legal Description of Points of Diversion: The Bayshore Lakes will be filled by an alluvial well field or by infiltration gallery wells (the “Bayshore Well Field”) that will consist of between one and five wells located within 100 feet or less of the bank of St. Vrain Creek immediately adjacent to three of the four Bayshore Lakes, which are located in South 1/2 of Section 35 and 36, Township 3 North, Range 68 West, of the 6th Principal Meridian. The additional pond of the Bayshore Lakes storage right is located in the South 1/2 of Section 25, Township 3 North, Range 68 West, of the 6th Principal Meridian. 2. The Bayshore Well Field is generally located in the South 1/2 of Section 35, Township 3 North, Range 68 West, of the 6th Principal Meridian. B. Source: St. Vrain Creek alluvium, tributary to the South Platte River. C. Appropriation: 1. Date of initiation of appropriation: August 4, 2005. 2. How appropriation was initiated: On August 4, 2005, Applicant’s Board of Directors passed a resolution directing the filing of this Application, which evidenced Applicant’s intent to appropriate a storage right and constituted an overt act in furtherance of that intent. 3. Date water applied to beneficial use: n/a, Conditional. D. Amount Claimed: The total combined capacity of the Bayshore Lakes, which may include up to four separate lakes, will be approximately 1,400 acre-feet. Applicant, therefore, requests the right to fill and refill these lakes when in priority up to a total annual appropriation of 1,400 acre-feet. E. Proposed Use: The water diverted pursuant to this water right will be used for agricultural, commercial, industrial, irrigation and municipal purposes. Such uses include, but are not limited to, domestic, irrigation of lawns, gardens and parks, fire protection, recreational, wildlife, piscatorial, lake and reservoir evaporation, augmentation and replacement, exchange, use as a substitute supply, and to meet replacement, return flow or other obligations related to other decreed water rights. Applicant intends to use and reuse the water claimed to extinction. F. Names and Addresses of Owners of the Land Upon Which Any New Diversion Structure or Storage Structure is or Will be Constructed: Carma Colorado, Inc. (“Carma”) owns the land on which the Bayshore Lakes will be constructed. Carma’s address is: Highland Place II, 9110 E. Nichols Ave., Suite 180, Englewood, CO 80112. G. Remarks: The property currently contains three (3) excavated, unlined gravel pits. These ponds intercept ground water. The developers of Bayshore intend to reduce the surface area of the existing ponds and create an additional pond in the South 1/2 of Section 25, which will be filled by a pipeline from the other Bayshore Lakes or from the Bayshore Well Field. The Bayshore Lakes storage right will therefore consist of up to four (4) ponds for storage and recreational purposes. It is anticipated that within one year of their construction, the Bayshore Lakes will be lined so as to no longer intercept ground water. The combined surface area of the Bayshore Lakes will be approximately 110 acres. Until the ponds are lined, the Applicant will replace all out-of-priority depletions that result from the exposure of ground water pursuant to the augmentation plan described in Paragraph III, below, or a Substitute Water Supply Plan. Applicant reserves the right to store other water rights under its control in the Bayshore Lakes in accordance with this Application and any subsequent applications and resulting decrees. Due to the topographical characteristics of the Bayshore development site, storm water runoff from a portion of the lands developed directly up gradient of the Bayshore Lakes will drain into said Lakes, which will be equipped with a storm water release structure. The Applicant may either pass all storm water that is collected out-of-priority, or will account for and augment such water, pursuant to the plan described in Paragraph III, below. III. PLAN FOR

AUGMENTATION A. Name of Structures to be Augmented: 1. Bayshore Lakes, located as described in Paragraph II, above. B. Previous Decrees for Water Rights to be Use for Augmentation: Windy Gap Water Rights. Applicant is the beneficiary of an allotment contract with the Municipal Subdistrict of the Northern Colorado Water Conservancy District for 12 units of Windy Gap Project water (“Windy Gap Water”). Each unit provides up to 100 acre-feet of fully consumable water annually. Windy Gap Water is transmountain water that is tributary to the Colorado River, but is delivered from the Colorado River Basin to South Platte River Basin. The water rights associated with the Windy Gap Project are more particularly described in the decrees entered by the District Court, Water Division No. 5, in Civil Action Case No. 1768 and in Cases Nos. W-4011, 80CW108, 88CW169, and 89CW298. C. Statement of Plan for Augmentation, covering all applicable matters under C.R.S. 37-92-103(9), 302(1)(2) and 305(8). This Plan for Augmentation will replace the out-of-priority depletions that result from out-of-priority storage of storm water, from out-of-priority diversions from the Bayshore Well Field to fill the Bayshore Lakes, and from the out-of-priority evaporation of ground water from the Bayshore Lakes, while unlined. Applicant will replace these depletions with its Windy Gap Water Rights and the Bayshore Lakes water right sought herein, including the reusable sewered return flows derived from said rights that are discharged from the St. Vrain Wastewater Treatment Plant outfall into St. Vrain Creek. Applicant’s Plan for Augmentation will also involve the exchange of reusable sewered return flows from the St. Vrain Wastewater Treatment Plant Outfall to the Bayshore Lakes, through the Bayshore Well Field, as described in Paragraph IV, below. D. Names and Addresses of Owners of the Land Upon Which Any Structure for this Appropriation is or will be Constructed. This Plan for Augmentation will involve the Bayshore Well Field and the Bayshore Lakes, which Carma owns. Upon information and belief, St. Vrain Sanitation District owns the St. Vrain Wastewater Treatment Plant, its outfall, and the real property on which the treatment plant is located. St. Vrain Sanitation District’s address is: 11307 Business Park Circle, Longmont, CO 80504. E. Remarks: On information and belief, there are no intervening water rights between the point of depletions and the point of replacement. Therefore, so long as sufficient water is discharged, Applicant’s plan to replace the out-of-priority depletions that occur upstream with a substitute supply discharged from the treatment plant outfall downstream will meet the lawful requirements of senior diverters to the extent that a senior would have been deprived by Applicant’s out-of-priority diversions. When constructed, the Bayshore Well Field will consist of alluvial wells or infiltration gallery wells that are less than 100 feet from St. Vrain Creek. As such, the diversions from these wells will instantaneously affect the St. Vrain Creek. To the extent that the Court finds that depletions from the out-of-priority use of the Bayshore Well Field do not affect the St. Vrain Creek immediately, but are delayed, Applicant will calculate the timing of the depletions and will replace them accordingly, pursuant to this plan for augmentation. The source of augmentation water will be the Applicant’s Windy Gap Water Rights, including fully consumable reuseable return flows derived from said rights, and the fully consumable water stored pursuant to the Bayshore Lakes water right sought herein. IV. CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE A. Name of Structures Involved and Legal Descriptions: 1. Exchange From Point: a. St. Vrain Wastewater Treatment Plant Outfall, as currently constructed, or as relocated in the future. Located generally on St. Vrain Creek in the SW1/4NE1/4 of Section 31, T3N, R67W of the 6th P.M., and more particularly described as 40°11′3″ North, 104°55′51″ West. b. A point approximately 100 feet downstream of the St. Vrain Wastewater Treatment Plant Outfall. 2. Exchange To Points: a. Bayshore Well Field for storage in the Bayshore Lakes, as described in Paragraph II, above. B. Source: Reusable sewered return flows from Applicant’s fully consumable water after a first use within the Bayshore development, from the following sources: 1. Applicant’s Windy Gap Water; 2. Water stored in the Bayshore Lakes pursuant to the conditional water rights claimed herein; and 3. Any other decreed fully consumable water that the Applicant either owns or controls. C. Appropriation: 1. Date of initiation of appropriation: August 4, 2005. 2. How appropriation was initiated: On August 4,

2005, Applicant’s Board of Directors passed a resolution directing the filing of this Application, which evidenced Applicant’s intent to appropriate an appropriative right of exchange and constituted an overt act in furtherance of that intent. 3. Date water applied to beneficial use: n/a, Conditional. D. Amount claimed: 2.5 c.f.s., Conditional E. Use or Proposed Use: The water diverted pursuant to this water right will be used directly, stored, or by exchange or substitution, for agricultural, commercial, industrial, irrigation and municipal purposes. Such uses include, but are not limited to, domestic, irrigation of lawns, gardens and parks, fire protection, recreational, wildlife, piscatorial, lake and reservoir evaporation, augmentation and replacement, exchange, use as a substitute supply, and to meet replacement, return flow or other obligations related to other decreed water rights. Applicant intends to use and reuse the water claimed to extinction. F. Names and Addresses of Owners of the Land Upon Which Any Structure for this Appropriation is or will be Constructed. Upon information and belief, St. Vrain Sanitation District owns the St. Vrain Wastewater Treatment Plant Outfall, and the real property on which it is located. This exchange will also involve the Bayshore Well Field and the Bayshore Lakes. V. ADDITIONAL INFORMATION Applicant reiterates its intent to maintain dominion and control over its fully reusable water supply. To this end, in addition to the augmentation plan and appropriative right of exchange decreed herein, Applicant reserves the right in the future to divert its reusable return flows from a point of diversion at or below the outfall on St. Vrain Creek from which such water may be pumped back to the Bayshore development for non-potable uses. In addition, subject to appropriate agreements, Applicant may pump its reusable water either directly from the St. Vrain Wastewater Treatment Plant located in the NW 1/4 SE1/4 of Section 31, or from storage in Ox-Bow Lake, a storage facility located generally in the SW1/4 NE1/4 of Section 31, T3N, R67W of the 6th P.M., a storage facility owned by the St. Vrain Sanitation District that is used as a holding pond of treated wastewater prior to its discharge into the St. Vrain Creek, back to Bayshore for non-potable uses. Ox Bow Lake’s discharge point is specifically located 40°11′3″N, 104°55′51″W. Applicant seeks a provision in any resulting decree confirming the right to reuse the reusable return flows in this matter in the future. WHEREFORE, Applicant respectfully requests the entry of a decree: 1. Confirming the conditional storage water right set forth herein; 2. Approving of the Plan for Augmentation, including the appropriative right of exchange, set forth herein; and/or, 3. Such other relief as the Court deems appropriate. 2005CW264. Soldier Canyon Filter Plant, 4424 La Porte Avenue, Fort Collins, CO 80521; Fort Collins-Loveland Water District, 4700 South College Avenue, Fort Collins, CO 80525; North Weld County Water District, 33247 Highway 85, Lucerne, CO 80646; East Larimer County Water District, P. O. Box 2044, Fort Collins, CO 80522. (Jeffrey J. Kahn, Esq., Scott E. Holwick, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978.) APPLICATION FOR CHANGE OF WATER RIGHTS IN LARIMER COUNTY. 2. Water Right Sought to be Changed: 2.05 c.f.s. of the water right adjudicated to the John R. Brown Ditch (“the Brown Ditch”), an unincorporated ditch. 3. Description of Previous Decrees: A. Case No. 320, decreed on April 11, 1882 by the District Court of Larimer County, Colorado for 8.0 c.f.s. In Case No. 2026, the point of diversion for 4.0 c.f.s. was changed to the headgate of the Larimer County No. 2 Ditch on June 7, 1907 by the District Court of Larimer County, Colorado. Applicants Fort Collins-Loveland Water District (“FCLWD”), North Weld County Water District (“NWCWD”) and East Larimer County Water District (“ELCWD”) subsequently purchased 2.05 c.f.s. of the water right changed in Case No. 2026 from LaFarge West, Inc. Applicant Soldier Canyon Filter Plant (“SCFP”) is owned and operated by FCLWD, NWCWD and ELCWD. B. Decreed point of diversion: originally decreed in Case No. 320 at a point in the N 1/2 of the SW 1/4 of Section 33, Township 8 North, Range 69 West of the 6th P.M., on the South side of the Cache La Poudre River. As described above, the point of diversion was changed in Case No. 2026 to a point in the SW 1/4 of Section 28, Township 8 North, Range 69 West of the 6th P.M., on the South side of the Cache La Poudre River. C. Source: Cache La

Poudre River. D. Appropriation date: May 1, 1865. Amount: 2.05 c.f.s. E. Historic Use: The Applicants’ 2.05 c.f.s. (“the subject water right”) historically irrigated lands in Section 33, Township 8 North, Range 69 West, and Section 4, Township 7 North, Range 69 West, of the 6th P.M. in Larimer County, Colorado, comprising 193.25 acres as shown in Exhibit A. The State of Colorado diversion records do not differentiate between diversions made under the Brown Ditch water right transferred to the Larimer County No. 2 Ditch and those diversions made under other water rights diverted at the Larimer County No. 2 Ditch. The diversion records for that structure from 1950 through 2004 are attached as Exhibit B. 4. Proposed Changes: A. Change in Point of Diversion to include the following alternate points in addition to the presently decreed point of diversion: i. the 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 SE corner of Section 33, Township 8 North, Range 69 West; ii. the Munroe Gravity Canal, a/k/a the North Poudre Supply Canal, and the headgate which is located on the east bank of the Cache La Poudre River in the SW 1/4 of the NE 1/4 of Section 5, Township 8 North, Range 70 West, at a point whence the Southeast corner of said Section 5 bears South 37°27’30” East 3,647.5 feet; iii. the Pleasant Valley Pipeline, which begins on the south bank of the Munroe Gravity Canal in the SW 1/4 of the SE 1/4 of Section 3, Township 8 North, Range 70 West, at a point 1,950 feet west and 320 feet north of the SE corner of Section 3, Township 8 North, Range 70 West, and extends generally southward to the Soldier Canyon Filter Plant, located in the NE 1/4 of Section 7, Township 7 North, Range 69 West; iv. the New Mercer Ditch, and the headgate which is located on the south side of the Cache La Poudre River, approximately one mile above the Town of La Porte, in the SE 1/4 of Section 28, Township 8 North, Range 69 West, at a place called Point of Rocks; v. the North Poudre Canal, and the headgate 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 SE corner of Section 12, Township 10 North, Range 71 West; vi. the 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 28, 29, 33 and 34, Township 11 North, Range 71 West; and vii. the Milton Seaman Reservoir, as the same may be enlarged, which is located on the North Fork of the Cache La Poudre River, upon portions of Sections 33 and 28, Township 9 North, Range 70 West. B. Change in Use: To municipal, commercial, industrial, domestic, fire protection, wetland establishment and maintenance, wildlife habitat, fish habitat, recreation, re-use and successive use of the claimed beneficial uses, substitute supply and replacement, augmentation, storage and exchange for later use in and from the structures decreed in Case No. 2000CW251 in addition to the existing irrigation use. C. Place of Use: To the service areas, as those areas may exist from time to time, of the FCLWD, the NWCWD and the ELCWD. D. Change from Direct Flow Use to Storage in the Overland Trail Reservoirs, which will be a series of hydraulically connected, lined gravel pits located in parts of the SE 1/4 of Section 32 and the S 1/2 of Section 33, Township 8 North, Range 69 West, and the N 1/2 of Section 4 and the E 1/2 of the NW 1/4, and the SW 1/4 and the NW 1/4 of the SE 1/4 of Section 3, Township 7 North, Range 69 West, in the Halligan Reservoir as described in paragraph 4.a.vi. above or in the Milton Seaman Reservoir as described in paragraph 4.A.vii. above for later application to beneficial use. E. Amount to be Changed: 2.05 c.f.s. F. Plan for operation: Applicant will divert the subject water right either at presently decreed diversion point (the Larimer County No. 2 headgate) or at the alternate points of diversions identified in paragraph 4.A. above for direct use or to storage. Diversions at alternate points will only be made when water is physically and legally available under the subject water right at the Larimer County No. 2 Ditch headgate. Historical return flows may be replicated by: leaving a portion of the subject water right in the stream; releasing the subject water right from storage; diverting the subject water right and returning it to the stream; releasing other water stored in the Overland Trail Reservoirs; or releasing any other water rights owned or leased by Applicants. 5. Name and address of owners of land upon which structures are located: A. The land at 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, La Porte, CO 80535. The structures themselves are owned respectively 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. B. The point of diversion for the Overland Trail Diversion Structure is on land owned by Western Mobile Northern, Inc., a subsidiary of LaFarge Corporation, 1800 North Taft Hill Road, P.O. Box 2187, Fort Collins, CO 80522. C. The proposed Overland Trail reservoirs will be located on lands owned by: Joseph S. and Daniel A. Glass, 1331 North Taft Hill Road, Fort Collins, CO 80521; Kenneth C. Hilt, 1429 North Taft Hill Road, Fort Collins, CO 80521; Mark A. Linder, 3208 West Co. Road 50, Fort Collins, CO 80521; Alvin G. and Florence Treiber, 1724 North Overland Trail, Fort Collins, CO 80521; James S. and Joyce Warson, 1632 North Overland Trail, Fort Collins, CO 80521; Western Mobile Northern, Inc., a subsidiary of LaFarge Corporation, 1800 North Taft Hill Road, P.O. Box 2187, Fort Collins, CO 80522. D. The land at the points of diversion for the Munroe Gravity Canal and the Pleasant Valley Pipeline are owned by the Northern Colorado Water Conservancy District, 1250 North Wilson Ave., P.O. Box 679, Loveland, CO 80539. E. The land at the point of diversion for the Halligan Reservoir is owned by the City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522. F. The land at the point of diversion for the Milton Seaman Reservoir is owned by the City of Greeley, 1100 10th Street, Greeley, CO 80631. 6. Comments: Applicants reserve the right to claim, in a separate application, re-use, successive use and use to extinction of all return flows after initial use of the subject water rights. 05CW265 ADM-LINCOLN INVESTMENTS, LLC, a Colorado limited liability company, 9162 Kenwood Court, Highlands Ranch, Colorado 80126, Telephone: (303) 902-5400 (c/o Harvey W. Curtis, Esq., 8310 South Valley Highway, #230, Englewood, Colorado 80112, Telephone: (303) 292-1144). APPLICATION FOR UNDERGROUND WATER RIGHTS, IN DOUGLAS COUNTY. 2. Name(s) of well(s) and permit, registration or denial number(s). (If permit applied for, but not acted upon, give date of permit application.): Well permits will be applied for prior to construction of the wells to withdraw the groundwater to be decreed herein. 3. Legal Description of Subject Water Rights: The subject water rights are ground water from the not-nontributary Lower Dawson aquifer, the not-nontributary Denver aquifer, the nontributary Arapahoe aquifer, and the nontributary Laramie-Fox Hills aquifer underlying the following parcels (hereinafter collectively the “Subject Property”), for which a determination and decree is sought pursuant to C.R.S. Section 37-90-137(4) and (6) and Section 37-92-302(2)(a) and 305(6): a. Approximately 10 acres in a portion of the Northeast 1/4 of Section 18, Township 6 South, Range 66 West of the 6th P.M., Douglas County, Colorado (the “Traylor Parcel”); b. Approximately 5 acres in the Northeast 1/4 of Section 18, Township 6 South, Range 66 West of the 6th P.M., Douglas County, Colorado (the “Noe Parcel”); and c. Approximately 10 acres in the Southeast 1/4 of Section 18, Township 6 South, Range 66 West of the 6th P.M., Douglas County, Colorado (the “Donahue Parcel”). Legal descriptions and maps of the Traylor Parcel, Noe Parcel and Donahue Parcel are attached to the Application as Exhibit A, hereby incorporated herein. A map showing all three parcels is attached to the Application as Exhibit B, hereby incorporated herein. 4. Sources of Water Rights: The source of the groundwater to be withdrawn from the subject aquifers is nontributary and not-nontributary groundwater as described in C.R.S. Sections 37-90-103(10.5) and 37-90-103(10.7). 5. Estimated Amounts and Rates of Withdrawal: Wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject ground water through wells to be located at any location on the Subject Property or on property adjacent thereto with the consent of the owner(s) thereof. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells of Applicant located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers, indicated below, are based upon the Denver Basin Rules, 2

C.C.R. 402-6. Applicant estimates that the following annual amounts are representative of the aquifers underlying the Subject Property:

Aquifer

Saturated Thickness

Annual Amount

Classification

Lower Dawson

123 ft

6.2 af

Not-nontributary Denver

252 ft

10.7 af

Not-nontributary

Arapahoe

269 ft

11.4 af

Nontributary Laramie-Fox Hills

191 ft

7.2 af

Nontributary

The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of Applicant, and Applicant claims all groundwater underlying the Subject Property in the above-described aquifers. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property through wells which may be located anywhere on the Subject Property or on property adjacent thereto with consent of the owner(s) thereof, which wells will comprise Applicant’s well field. As wells are constructed, well permit applications will be filed in accordance with C.R.S. Section 37-90-137(10). 7. Proposed Use: The subject ground water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, and all other beneficial 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 C.R.S. Sections 37-92-302(2), and 37-90-137(6). 9. Augmentation Requirements: Applicant will make no use of the subject Lower Dawson aquifer and Denver aquifer not-nontributary ground water prior to the issuance of a judicially approved plan of augmentation, as required by Section 37-90-137(9)(c)(I), or (c.5)(I), whichever is applicable, unless that requirement is eliminated by future change in the law. 10. Names and Address of Owners or reputed owners of the land upon which any new structures will be located. Applicant has contracts to purchase all the overlying land in the Subject Property. The current owners of the Subject Property are as follows: a. Traylor Parcel. The Traylor Parcel is currently owned by Lisa Traylor, subject to the Deed of Trust recorded December 7, 1994 in Book 1235 Page 1122 of the Douglas County, Colorado records. i. Surface Owner: Lisa Traylor, 7280 Lagae Road No. F-155, Castle Rock, Colorado 80108. ii. Lienholder: Allan T. and Joann Schultz, 27106 Iron Wood Drive, Laguna Hills, California 92653. b. The Noe Parcel is currently owned by Jean K. Noe, subject to the Deed of Trust recorded February 20, 2002 in Book 2267 Page 1384, Reception No. 02017447 of the Douglas County, Colorado records. i. Surface Owner: Jean K. Noe, 8746 East Lincoln Avenue, Parker, Colorado 80134. ii. Lienholder: Wells Fargo Home Mortgage, Inc., 7430 East Caley Ave., Suite 310, Englewood, Colorado 80111. c. The Donahue Parcel is currently owned by West Parker Road, LLC, subject to the Deed of Trust recorded March 18, 2003 at Reception No. 2003036612 of the Douglas County, Colorado records. i. Surface Owner: West Parker Road, LLC, 20920 Overland Road, Onaga, Kansas 66521. ii. Lienholder: Capital City Bank, Inc., 1701 SW Gage, Topeka, Kansas 66604. 11. Remarks: a. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5, above, pursuant to Rule 8A of the Statewide Rules, C.C.R. 402-7, through a well field, pursuant to Rule 14 of said Statewide Rules, with the wells in the well field to be alternate points of diversion for one another. b. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of

amending this application or republishing the same. c. The Applicant also seeks the right to construct additional and replacement wells for the withdrawal of the subject ground water, as necessary, in order to maintain production levels in the aquifers, without publishing additional notice or filing any additional pleading with the Court. As such additional wells are planned, applications for well permits shall be filed in accordance with C.R.S. Section 37-90-137(10). WHEREFORE, Applicant prays that the court enter a Decree: 1. 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 in accordance with the statutes. 2. Specifically determining that: a. Applicant has complied with C.R.S. Section 37-90-137(4), and water is legally available for withdrawal by the water rights requested herein, but that jurisdiction may be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant's property, pursuant to C.R.S. Section 37-92-305(11), and Denver Basin Rule 9; b. The groundwater in the Lower Dawson and Denver aquifers is not-nontributary ground water, which will not be withdrawn until a plan(s) of augmentation has been decreed therefor pursuant to statute; c. The groundwater in the Arapahoe and Laramie-Fox Hills aquifers is nontributary ground water; d. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein; e. No findings of reasonable diligence are required to maintain the groundwater rights; and f. The water rights adjudicated in this case are vested property rights. g. Further, Applicant prays that this court grant such other relief as it deems proper in the premises. (7 pages, 9 pages of exhibits). 2005CW266 WILLIAMS DEVELOPMENT, LLC, c/o Jon M. (Max) Williams, 1611 South Walnut Street, Casper, WY 82601, Telephone: 307/265-3069; Mountain Mutual Reservoir Company, 2525 S. Wadsworth Boulevard, #306, Denver, CO 80227, Telephone: 303/989-6932; c/o Timothy J. Flanagan, Fowler, Schimberg & Flanagan, P.C., 1640 Grant Street, Denver, Colorado 80203, Telephone: (303) 298-8603. APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHTS, IN JEFFERSON COUNTY. Names of structures: Conifer Business Center (CBC) Wells No(s). 1 - 3. Legal description of structures: The exact locations of Conifer Business Center (CBC) Wells No(s). 1 – 3 of the Wells will not be known until the subdivision of the property described herein is approved by Jefferson County. However, the wells can generally be described as being located within approximately 8.1 acres known as the Conifer Business Center, more particularly described as the NE1/4 of Section 23, T-6-S, R-71-W, 6th P.M.. Source: Groundwater tributary to North Turkey Creek, a tributary of Turkey Creek, tributary to the South Platte River. Depth: 800' (apprx.). Date of appropriation: October 31, 2005. How appropriation was initiated: Determination of intent to appropriate, technical work performed to support the preparation of the Application and filing of this Application. Date water applied to beneficial use: N/A. Amount claimed: 15 gpm (0.033 cfs), each Well, Conditional. Use: In-house uses for a mixed-use, retail/office park of no more than 6 buildings with a total demand of 4.1 acre-feet per year and consumptive use of 0.20 acre-feet per year. Owner: Applicant. Water for Augmentation: Applicant has entered into a contract to purchase 8.0 shares of the capital stock of Mountain Mutual Reservoir Company which represent the right to receive 0.250 acre-feet per year. 2005CW267 THE AQUAPURA CORPORATION, The AquaPura Corporation, a Connecticut corporation, P.O. Box 302, Old Greenwich, CT 06870, Telephone: (914) 843-7629; c/o Timothy J. Flanagan, Fowler, Schimberg & Flanagan, P.C., 1640 Grant Street, Denver, Colorado 80203, Telephone: (303) 298-8603. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION, INCLUDING EXCHANGE, IN GILPIN COUNTY. Name of structure to

be augmented: AquaPura Spring No. 1. Legal description of structure: AquaPura Spring N. 1 is located at approximately 10,042 feet above sea level. Its GPS coordinates are not known at this time, however, Applicant intends to supplement this legal description as soon as a survey has been completed. It is generally located in the NW 1/4 of NE 1/4 of Section 23, T-2-S, R-73-W, 6th P.M. in Gilpin County, Colorado. Previous decrees for water rights to be used for augmentation: Webber Wells No.'s 1-3. The Applicant has entered into a contract for the purchase of 15 acre feet of non-tributary water for use as an augmentation source from the Webber Trust, owners of the Webber Wells No.'s 1-3, originally decreed in Case No. W-8780-77 on July 11, 1978. Those wells were decreed for industrial, commercial, domestic, irrigation, fire fighting and municipal purposes. The Source of the Webber Wells No.'s 1-3 is the non-tributary Arapahoe Formation, and they have an appropriation date of December 10, 1977. The Webber Wells are located in the NW 1/4 of Section 23 and Section 14 in T-3-S, R-68-W, 6th P.M. in the City and County of Denver. Each Well is decreed for a flow rate of 2.2 cfs, or 1,000 gallons per minute, not to exceed 1,072 acre feet per calendar year. Other sources: Applicant has augmented its use of the AquaPura Spring No. 1 in prior years by contracting with water hauling companies to provide replacement water in Missouri Creek. The Applicant is negotiating for an augmentation source within Gilpin County closer to the point of replacement, but no binding agreement has yet been executed. The Applicant has a bottling agreement with Columbine Beverage, Inc., 4301 Broadway St., Denver, Colorado, 80216-4301, who obtains raw water from Sienna Springs with a branch located at 4120 Golbeville Road, Denver, CO 80216, which could also provide augmentation or replacement water for this Plan. Historic Use: Applicant believes that the AquaPura Spring No. 1 is fed by non-tributary sources, but, until that can be established and determined by this Court, the Applicant fully intends to replace 100% of all diversions from the AquaPura Spring No. 1 to Missouri Creek. Antedation: The Applicant believes that its AquaPura Spring No. 1 is one of the structures that is the subject of Case No. 2005-CW-222, filed by Charles and Diane Morgan, which was published in the August, 2005 resume for Water Division One. The Applicant seeks a relation back of its claimed priority date pursuant to C.R.S. §37-92-306.1. The Applicant has timely filed a Statement of Opposition to the Morgan Application, and this Application was made within 60 days of the filing of the Morgan Application. Statement of plan for augmentation: The Applicant operates a commercial water enterprise for the purpose of producing bottled drinking water from the water provided by the AquaPura Spring No. 1. Applicant obtains water from the AquaPura Spring No. 1 by diversion into a pipeline, which pipeline fills specialized tanker trucks for conveyance of the spring water to the bottling facility in Denver, Colorado. Once bottled, the water is shipped to distribution locations within or outside of the State of Colorado. The Applicant fully consumes all water diverted into the pipeline from the springs. The Applicant intends to expand its operation to divert and bottle up to approximately 13,500 gallons per day, or approximately 5,000,000 gallons per year, requiring up to 15.0 acre feet per year in augmentation water (if the source is determined to be tributary). The AquaPura Spring No. 1 is located at an elevation of approximately 10,042 feet in the Arapahoe National Forest in the watershed of Missouri Creek, a tributary of North Clear Creek. Applicant will provide replacement water to Missouri Creek at a location to prevent injury to senior water rights, as necessary, to augment 100% of the water exported from the springs by pipeline and truck. Applicant anticipates providing replacement water at a point on Missouri Creek near the point where Missouri Creek crosses under Colorado State Highway No. 119 in Gilpin County. Because this point of replacement lies approximately 3.0 miles downstream on Missouri Creek from the point of diversion, the Applicant seek an appropriative Right of Exchange pursuant to C.R.S. §37-80-120, §37-92-302(1)(a) and §37-92-305 for the stream reach of Missouri Creek between the point of replacement at Colorado State Highway No. 119 and the point of diversion at the AquaPura Spring No. 1. Name of Right of Exchange: AquaPura Missouri Creek Exchange. Date of Initiation of Appropriation: August 15th, 2003. Appropriation was initiated by obtaining water from the AquaPura Spring No. 1 during the month

of August, 2003 and replacing the same amount captured from the springs with water hauled by truck and released in Missouri Creek near where it passes under Colorado State Highway No. 119. Amount: 0.01 cfs absolute; 0.3 cfs conditional; up to a maximum of 15.0 acre feet per year. Point of Substitution: Missouri Creek where it intersects Colorado State Highway No. 119. Point of Exchange: The AquaPura Spring No. 1, located in the NW 1/4 of the NE 1/4 of Section 23, T-2-S, R-73-W, 6th P.M. in Gilpin County, Colorado. Name and Address of Landowners: To the best of Applicant's knowledge, the Missouri Creek points of substitution are located on land owned or controlled by the Colorado Department of Transportation, 4201 E. Arkansas Ave., Denver, CO 80222-3406, and the United States Forest Service, Clear Creek Ranger District, Arapahoe National Forest, P.O. Box 3307, Idaho Springs, CO 80452. A Special Use Application has been filed with the Forest Service for access to the AquaPura Spring No. 1. It may be necessary to access the AquaPura Spring No. 1 through the property of Charles and Diane Morgan, P.O. Box 637, Black Hawk, Colorado 80422, or 2295 Missouri Gulch Road, Golden, CO 80422.

2005CW268 THE AQUAPURA CORPORATION, The AquaPura Corporation, a Connecticut corporation, P.O. Box 302, Old Greenwich, CT 06870, Telephone: (914) 843-7629; c/o Timothy J. Flanagan, Fowler, Schimberg & Flanagan, P.C., 1640 Grant Street, Denver, Colorado 80203, Telephone: (303) 298-8603. APPLICATION FOR WATER RIGHT (SURFACE), IN GILPIN COUNTY. Name of structure: AquaPura Spring No. 1. Legal description of structure: NW 1/4 of the NE 1/4; Section 23; Township 2-S; Range 73-W; 6th P.M. at an elevation of 10,042 feet above sea level. The GPS coordinates for the AquaPura Spring No. 1 are unknown at this time, however, Applicant intends to supplement as soon as a survey can be accomplished. Source: The AquaPura Spring No. 1 is claimed to be non-tributary, however, it does drain and has drained into Missouri Creek, a tributary of North Clear Creek. Date of Appropriation: August 15, 2003. How appropriation was initiated: Appropriation was initiated by obtaining water from the AquaPura Spring No. 1 during the month of August, 2003 and replacing the same amount captured from the spring, hauled by truck and released in Missouri Creek near where it passes under Colorado State Highway No. 119. The Applicant has also applied for a Special Use Permit from the Forest Service, since the well is located within the Arapahoe National Forest, and publication of notice of this Application in the Water Division One resume. Amount: 150 gpm (0.334 cfs), up to a maximum of 15.0 acre feet per year, Conditional. Use: Production of bottled drinking water for human consumption; commercial and domestic used to extinction. Names and addresses of landowners: To the best of Applicant's knowledge, the AquaPura Spring No. 1 is located on land owned by the United States Forest Service, Clear Creek Ranger District, Arapahoe National Forest, P.O. Box 3307, Idaho Springs, CO 80452. A Special Use Application has been filed with the Forest Service for access to the AquaPura Spring No. 1. It may be necessary to access the AquaPura Spring No. 1 through the property of Charles and Diane Morgan, P.O. Box 637, Black Hawk, Colorado 80422, or 2295 Missouri Gulch Road, Golden, CO 80422. Remarks: A Special Use Application with the United States Forest Service for the Arapahoe National Forest is pending in the Idaho Springs office. A Plan for Augmentation was filed on October 31, 2005 and assigned Case No. 05-CW-267 involving this matter.

2005CW269 – CME LIVING TRUST; TEM LIVING TRUST, PINE VIEW, L.L.C., c/o Karl F. Kumli, III, Dietze and Davis, P.C., 2060 Broadway, Suite 400, Boulder, CO 80302, Telephone: (303) 447-1375. APPLICATION FOR FINDING OF DILIGENCE, IN BOULDER COUNTY. Mallard Pond Farms Well No. 2, located in the SW 1/4 of the SW 1/4 of Section 36, Township 1 North, Range 70 West of the 6th P.M., Boulder County, 980 feet from the S and 480 feet from the W section lines, Mallard Pond Farms NUPUD, 746 Mallard Pond Drive, Boulder, CO. Mallard Pond Farms Well No. 3. located in the SW 1/4 of the SW 1/4 of Section 35, Township 1 North, Range 70 West of the 6th P.M., Boulder, County, 1230 feet from the S and 980

feet from the W section lines, Mallard Pond Farms NUPUD, 746 Mallard Pond Drive, Boulder, CO. Original Decree: June 17, 1999, Case No. 94CW298 (85CW137); District Court, Water Division No. 1; Source: Fox Hills Sandstone/Pierre Shale and alluvium tributary to Dry Creek, tributary to Boulder Creek. Appropriation Date and Amount: 5/31/1985 Amount 0.033 cubic feet per second each; Domestic use for a single-family dwelling, fire protection, lawn and garden irrigation and stock watering. Depth: (if well): 250 feet. The applicant had designed, constructed and installed a new splitter box and related water measurement structures to precisely monitor water from the McGinn Ditch onto the Mallard Pond property and to facilitate the return of the water to Dry Creek. This work was accomplished during the diligence period. The work was done in consultation with the Water Commissioner for District 6; installed meters on all pumps in the system. This work was accomplished during the diligence period. The work was done in consultation with the Water Commissioner for District 6. All work was accomplished as part of the integrated development of water rights on the property. Work performed resulted in expenditure of an amount in excess of $5,000.00, which amount will be proved at trial or will otherwise be established by competent evidence. 05CW270. United Water and Sanitation District acting by and through the Ravenna District Authority Water Enterprise (“United”). United is the successor to the Silver Peaks Municipal District. 6399 So. Fiddler’s Green Circle, Suite #100 Greenwood Village, Colorado 80111 (John Akolt, III, John C. Akolt, Akolt and Akolt, LLC,1880 Arapahoe St. #2005, Denver, CO 80202. Phone Number: 303-903-7029, E-mail: Jakolt@aol.com, FAX Number: 303-659-6077 APPLICATION FOR RIGHT OF USE OF PLUM CREEK FOR CARRIAGE AND WITHDRAWAL OF FULLY CONSUMABLE NON-TRIBUTARY WATER FOR WITHDRAWAL THROUGH “HEAD GATE” WELLS, THE QUANTIFICATION OF RETURN FLOWS ATTRIBUTABLE TO FULLY CONSUMABLE WATER AND APPROVAL OF PLAN FOR AUGMENTATION, IN DOUGLAS COUNTY. 1. Applicant proposes to pump water from non-tributary wells decreed in Case No. 80CW158, Water Court, Water Division No. 1, State of Colorado, as provided in said decree, deliver such water through Plum Creek , subject to administrative stream losses as assessed by the office of the State Engineer, from the Bell Mountain Ranch located in portions of Section 2, 3 and 4 of Township 9 South Range 67 West, and portions of Section 34, Township 8 South, Range 67 West of the 6th P.M., Douglas County Colorado, and deliver such water for withdrawal by “headgate wells or a headgate well gallery” as described below for delivery to the Ravenna Water and Sanitation District. 2. The location of the “head gate” wells and well gallery, described herein as “United/Ravenna Wells and Well Gallery” are as follows:

3. The “Well Gallery” is a collection gallery located across the range of well locations described above. The wells are located in the alluvium of Plum Creek in Douglas County, Colorado. The wells are located in the proximity of Plum Creek such that during times of continuous flow in Plum Creek the wells draw directly from Plum Creek with no delayed depletion from the flow of Plum Creek that extends beyond the period of 24 hours. As such the wells are administered as surface water diversions. 4. The water that is diverted on the decree in Case No 80CW158 is Non-tributary water that is fully consumable and will be delivered to the Ravenna Water and Sanitation District by direct delivery of the water delivered through Plum Creek or by augmentation as provided herein for beneficial use for all decreed purposes including: municipal use, industrial, commercial, manufacturing, uses including augmentation, replacement, domestic, lake evaporation, storage, fire, sewerage, recreation, piscatorial, irrigation and livestock uses. 5. The owner of the property upon which the headgate wells are located is: Gary L. Sutton, 4305 Rio Grande Avenue, Sedalia, Colorado 80135. United, a Title 32 District under Colorado law, will acquire the right of location and use of the well easements from the owner of the property as provided by law. 6. Applicant further seeks the right to quantify the return flows attributable to delivery of non-tributary water to the Ravenna District that returns to the South Platte River through the domestic sewage return flows attributable to the delivery of fully consumable water to the Ravenna District and the successive use, further exchange and disposition of such water. Applicant further reserves the right, through subsequent application to the Water Court to seek the of irrigation return flows attributable to the fully consumable water delivered to the Ravenna Water and Sanitation District for successive use, further exchange and disposition of such water to exhaustion. 7. At such time as Plum Creek is “live” from the discharge of the non-tributary water delivered to Plum Creek to the head gate wells or well gallery described in paragraph 3, above, said water shall be directly withdrawn from Plum Creek as a direct delivery of non-tributary water from the non-tributary well field as described in Case No. 80CW158 to the United/Ravenna Wells and Well Gallery as described herein. 8. At such time as Plum Creek is not “live” at all points from the discharge of the non-tributary water delivered to Plum Creek to the head gate wells or well gallery described in paragraph 3, above, said water shall be delivered into the upstream location of the “dry” surface flow of Plum Creek at the same time and amount as water is withdrawn from the Plum Creek alluvium by the United/Ravenna Wells and Well Gallery. 9. The delivery of fully consumable water into the upstream location of the “dry” surface flow of Plum Creek in the same amount and time of diversion from the United/Ravenna Wells and Well Gallery will not result in any alluvial depletion attributable to the continued

diversion of the United/Ravenna Wells and Well Gallery and as such will not result in any injury to the vested rights of senior appropriators. 10. To the extent that the withdrawal of alluvial water by the United/Ravenna Wells and Well Gallery is not the direct delivery of non-tributary water attributable to the delivery of water as set forth in paragraph 2, said plan constitutes a “plan of augmentation” as provided by Colorado law. 11. The amount of water claimed for direct delivery or by augmentation is 363 a.ft. of water per annum. 12. The specific location of each “head gate” well and the monthly pattern of delivery and withdrawal of water pursuant to this application is set forth in the Exhibits attached to this application. 13. By this application additionally seeks the right of quantification of the return flows attributable to the delivery and in house domestic use of fully consumable water delivered by the Applicant to the Ravenna Water and Sanitation District and the right of use of such return flows by subsequent use and re-use to extinction. Applicant reserves the right, by subsequent application to the Water Court, to reclaim the right of outside or law irrigation return flows attributable to the delivery of fully consumable water to the Ravenna Water and Sanitation District as provided herein. 2005CW271. Stephenson Properties and Tessa Mesa LLC in Douglas County, Colorado, General Communications, Inc. 400 Nevada Way, Boulder City, Nevada 89005, Attention: A. Emmet Stephenson, Jr., Telephone: 303-877-5000 and Tessa Mesa LLC, 3561 South Hidden Valley Road, Sedalia, Colorado 80135, Attention Darrin Eisele, Telephone: 303-663-1290. Application to Amend Decrees in Case Nos. 87CW080 and 87CW081, IN DOUGLAS COUNTY Water Division No. 1. All communications, correspondence and pleadings send to: Robert V. Trout, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203. Telephone 303-861-1963. rtrout@troutlaw.com. Decreed names of wells for which amendments are sought: Stephenson LDA-1, LDA-2 and LDA-3, Stephenson DN-1 and DN-2, Stephenson A-1 and A-2, Stephenson LFH-1 and LFH-2, From previous decrees in Case Nos. 87CW080 and 87CW081, Water Division No. 1: Date Entered: December 8, 1988. Decreed points of diversion (a legal description of the subject lands is attached hereto as Exhibit A): Case No. 87CW080 adjudicated water in the Arapahoe and Laramie-Fox Hills aquifers. Stephenson A-1 and LFH-1 decreed location is the SE/4SE/4, Section 8, T8S, R67W, 6th P.M., approximately 600 feet from the south section line and approximately 50 feet from the east section line. Stephenson A-2 and LFH-2 decreed location is the NE/4SW/4, Section 9, T8S, R67W, 6th P.M., approximately 2300 feet from the south section line and approximately 2100 feet from the west section line. Case No. 87CW081 adjudicated water in the Denver and Lower Dawson aquifers. Stephenson DN-1 and LDA-1 decreed location is the SE/4SE/4, Section 8, T8S, R67W, 6th P.M., approximately 600 feet from the south section line and approximately 50 feet from the east section line. Stephenson DN-2 and LDA-2 decreed location is the NE/4SW/4, Section 9, T8S, R67W, 6th P.M., approximately 2300 feet from the south section line and approximately 2100 feet from the west section line. Stephenson LDA-3 decreed location is the NW/4NW/4, Section 16, T8S, R67W, 6th P.M., approximately 200 feet from the north section line and approximately 1200 feet from the west section line. Sources: Arapahoe, Laramie-Fox Hills, Denver and Lower Dawson aquifers. Appropriation Date: Not applicable.Amounts: Arapahoe Aquifer – 240 acre-feet per year, nontributary. Laramie-Fox Hills Aquifer – 112.6 acre-feet per year, nontributary. Denver Aquifer – 284.3 acre-feet per year, not nontributary. Lower Dawson Aquifer – 7.16 acre-feet per year, nontributary, to be withdrawn through Stephenson LDA-3. 95.45 acre-feet per year, not nontributary, to be withdrawn through Stephenson LDA-1 and Stephenson LDA-2. Historic use: Not applicable. Applicants seek to amend the decrees in Case Nos. 87CW080 and 87CW081 as follows: Amend the decreed well locations in Case Nos. 87CW080 and 87CW081 to clarify the allowance of construction of any number or combination of wells to be drilled on the subject lands to produce the full legal entitlement from the respective Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the subject lands and allow such wells to be treated as a well field so that they may be located at any

point within the boundaries of the subject lands without the necessity of filing an amendment, republishing, or petitioning the Court to re-open the decrees; including but not limited to the locations described on attached Exhibits B, B-1 and B-2. Amend the decreed well locations in Case No. 87CW081 to clarify the allowance of construction of any number or combination of wells to be drilled on the portion of the subject lands located in Sections 8 and 9 (“Sections 8 and 9 Parcel”) to produce the full legal entitlement of not nontributary ground water from the Lower Dawson aquifer underlying the Sections 8 and 9 Parcel and allow such wells to be treated as a well field so that they may be located at any point within the boundaries of the Sections 8 and 9 Parcel without the necessity of filing an amendment, republishing, or petitioning the Court to re-open the decree. Amend the decreed well locations in Case No. 87CW081 to clarify the allowance of construction of any number or combination of wells to be drilled on the portion of the subject lands located in Section 16 (“Section 16 Parcel”) to produce the full legal entitlement of nontributary ground water from the Lower Dawson aquifer underlying the Section 16 Parcel and allow such wells to be treated as a well field so that they may be located at any point within the boundaries of the Section 16 Parcel without the necessity of filing an amendment, republishing, or petitioning the Court to re-open the decree. Amend the decrees to delete the requirement that the wells be constructed at least 300 feet from the exterior boundary of the subject lands. General Communications, Inc., is the successor in interest to Stephenson Properties. Stephenson Properties and Tessa Mesa, LLC, entered into a Water Use and Easement Agreement (“Agreement”) dated March 9, 2005, recorded on March 18, 2005, at Reception No. 2005023805 in the Office of the Clerk and Recorder, Douglas County, Colorado. In that Agreement, certain locations for the construction of wells and related improvements by Stephenson Properties are described. This Application and resultant proceedings and decree are not intended to nullify or modify, and are intended to be consistent with, the parties’ rights and obligations under the Agreement as it currently exists and as it may be subsequently amended by the parties expressly in writing. Names and addresses of owners 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: Applicants. AMENDMENTS 1997CW290. David and Alta Evans, 24491 Hawks Circle, Evergreen, CO 80439; c/o Michael D. Shimmin, Esq., Vranesh & Raisch, LLP, P.O. Box 871, Boulder, Colorado 80306, (303) 443- 6151. AMENDMENT TO APPLICATION FOR UNDERGROUND WATER RIGHTS in Jefferson County, Colorado. The original application was filed on November 14, 1997 ("Original Application"). Since the filing of the Original Application, the Applicants have determined that the actual location of the well that is the subject of this application is in a different location than described in the original application. As a result, the application must be amended to reflect the correct location of this well. Accordingly, the Original Application is hereby amended as follows: The actual location for Well Permit No. 97041 is approximately 280 feet southeast from the location claimed and published in the Original Application. The correct well location is in the NE 1/4 NE 1/4, Section 13, T5S, R71W, 6th P.M., approximately 1,425 feet from the north Section line and 50 feet from the east Section line, which is in the Bear Mountain Vista Subdivision, on Lot 36, Unit 3. All other items in the Original Application shall remain as published in the July 2003 resume and all Statements of Opposition previously filed in this case shall apply without the need for further filing. 2001CW258 SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT, 6595 East 70th Avenue, Commerce City, CO 80037 (David L. Harrison and Richard J. Mehren, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306). Third

Amendment to Application for Plan for Augmentation IN ADAMS COUNTY. Paragraph 4 of the application as amended by the first and second amendments is further amended as follows: Northeast Well Field

Well No.

Legal Description

Pumping Rate (gpm)

Annual Volume (af/y)

Est. Depth (ft)

84

NE1/4 NW1/4, Sec. 5, T2S, R66W, 750 feet from the north section line, 2490 feet from the west section line

1,000

1,200

50

2002CW283 THE SOUTH PLATTE DITCH COMPANY, c/o Charlie Bartlett, Rout 1, Box 106, Merino, CO 80741, c/o Zach C. Miller, Esq. and Steven E. Marlin, Esq., Davis Graham & Stubbs LLP, 1550 17th Street, Suite 500, Denver, CO 80201-0185. AMENDMENT TO APPLICATION TO MAKE ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE CONCERNING A CONDITIONAL WATER RIGHT, IN LOGAN AND WASHINGTON COUNTIES. Name of structures: South Platte Ditch Recharge Program. 2. The original Application filed by The South Platte Ditch Company (“Ditch Company” or “Applicant”) in this case on November 26, 2002 (“Original Application”) is hereby amended to include recharge diversions made during the Irrigation Year 2003 and to correct the calculated recharge credit for this right based on updated engineering data and analyses. Paragraph 4 of the Original Application is revised to provide that the recharge credit shall be calculated as 100% of water diverted past the G-2 Gaging Station on the Sand Hill Ditch. Based on the total recharge diversion made during Irrigation Year 2003, Applicant claims that this right has been fully perfected. 3. Specifically, Paragraph 4 of the Original Application is hereby revised to provide as follows: Outline of Work Performed and Action Taken Toward Completion of the Appropriation of Conditional Water Rights. A. Description of Project: The South Platte Ditch Recharge Program (the “Recharge Program”) was initiated in 1974 as a demonstration project and cooperative venture among the Ditch Company, the Colorado Division of Water Resources, Colorado State University, and the Groundwater Appropriators of the South Platte. The Program is now operated and maintained by the Applicant. The Recharge Program utilizes the storage capacity of the South Platte River alluvium by placing water into storage and artificially recharging the alluvium on an annual basis through percolation from the Sand Hill Ditch and associated ponds and potholes. The stored and recharged water is used to provide water to and replace out-of-priority depletions from wells used by Ditch Company shareholders and other water users under pending or proposed temporary substitute supply plans and/or plans for augmentation. A system of gaging stations has been installed to measure the quantity of South Platte River water which is diverted into the Sand Hill Ditch and percolates into the South Platte River alluvium for underground storage. Gaging Station “G-2,” located 2.4 miles downstream of the Sand Hill Ditch headgate, is an index station used to determine the amount of water which enters the alluvium as recharge and is creditable to the Ditch Company. Observation wells are also employed to determine the movement of water introduced into the alluvium and the response of the aquifer to such recharge. The State Engineer maintains diversion records for the project. In 1977, in Case No. W-7839, the Court granted Applicant the conditional right to store 3,000 acre-feet of water in the South Platte River alluvium under the Recharge Program and to divert water from the South Platte River “at the rates of flow required for such storage,” with a priority date of March 15, 1974. In 1984, in Case No. 81CW353, the Court decreed (1) that 1,778 acre-feet of the conditional storage right had been made absolute, and (2) that the remainder (1,222 acre-feet) of the conditional right remained in full force and effect due to Applicant's demonstration of due diligence from 1977 through 1981. On March 10, 1989 and April 24, 1990, decrees were granted in Case Nos. 85CW355 and 89CW184, respectively, confirming that the

remaining conditional right remained in effect due to Applicant's demonstration of due diligence during the periods 1981 through 1989. In 1996, in Case No. 96CW097, the Court decreed (1) that 1,927.64 acre-feet of the conditional storage right had been made absolute, and (2) the remainder (1,072.36 acre-feet) of the conditional right remained in full force and effect due to Applicant’s demonstration of due diligence from 1990 through 1996. B. Credit for 100% Flow Past G-2 Gauge. Pursuant to past Project recordkeeping, 77% of the water diverted past the G-2 Gaging Station was previously claimed to percolate into the alluvium under the Recharge Program and be withdrawn by wells of Ditch Company shareholders. However, an updated analysis of the reports and data for the Recharge Program demonstrates that 100% of the water diverted past the G-2 gage recharges into the alluvium and is available for well pumping or augmentation, including to offset winter season depletions, and that Applicant, therefore, is entitled to claim recharge credit for 100% of water diverted past the G-2 gage. Transmission and other losses are adequately accounted for by measuring only down-ditch deliveries at the G-2 gage. C. Historic Use from 1996-2002: The records of the Ditch Company and the State Engineer, attached to the Original Application, indicate that the following amounts of water have been diverted under the Recharge Program into the Sand Hill Ditch past the Index Gaging Station G-2 for recharge purposes attributable to the South Platte Ditch Recharge Area during the years 1996-2002: Period G-2 Diversions (Acre-Feet) Nov. 1996 – Oct. 1997 1,523.33 Nov. 1997 – Oct. 1998 1,402.14 Nov. 1998 – Oct. 1999 907.65 Nov. 1999 – Oct. 2000 701.76 Nov. 2000 – Oct. 2001 2,985.17 Nov. 2001 – Oct. 2002 1,085.40

D. Perfection of Remaining Conditional Water Rights Subsequent to Applicant’s filing of the Original Application on November 26, 2002, actual diversions past the G-2 gage during Irrigation Year 2003 were measured at a total volume of 3,697.86 acre-feet at a maximum flow rate of 29.0 cubic feet per second (“cfs”), with associated river headgate diversions of 4,930.48 acre-feet at a flow rate of 38.67 cfs, based on 25% ditch losses between Applicant's river headgate and the G-2 gage. Accordingly, during the 2003 Irrigation Year, 3,697.86 acre-feet of G-2 gage diversions was recharged to and stored in the alluvium under the Program. Therefore, Applicant has perfected the conditional right to store the full amount of 3,000 acre-feet of water in the South Platte alluvium under the Recharge Program and to divert water from the South Platte River at rates of flow and in amounts required for such storage, as decreed in Case No. W-7839. Amounts of free river water diverted and recharged in 2003 over and above the amount of the right decreed in Case No. W-7839 may be claimed by Applicant in a subsequent case. 4. Except as expressly amended hereby, all the claims, provisions, terms and conditions of the Original Application remain as stated therein. 5. Applicant requests that this amendment relate back to the filing of the Original Application. 6. Applicant stipulates that all previous Statements of Opposition filed in this matter shall remain valid as against the Original Application as amended, without the need to amend or renew such statements. WHEREFORE, Applicant requests a decree finding that a total of 3,697.86 acre-feet of water at a flow rate of 29.0 cfs has been diverted at the G-2 gage, 100% of which has been determined to recharge and percolate into the alluvium, with associated diversions at Applicant's main headgate on the South Platte River of 4,930.48 acre-feet at a flow rate of 38.67 cfs, and that the full conditional storage right to 3,000 acre-feet decreed in Case No. W-7839 and associated flow-rate of 38.67 cfs at Applicant’s river headgate have therefore been perfected and made absolute.

2003CW222. Deuel and Snyder Improvement Company 22531 Road T.5, Fort Morgan, Colorado, 80701, (970) 867-2152 c/o Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. Amendment to Application for Water Rights, Change of Water Rights and Approval of Plan for Augmentation in MORGAN COUNTY. 2. The Application is amended to correct the information for two wells to be augmented.

8 Donald Doty Family Trust RF-1119 W4785 SW NW 19 4N 56W 9 Layne Doty 19604-RF W4785 NE SW 19 4N 56W

04CW221 APPROVAL OF AUGMENTATION PLAN OF ELK RIDGE ESTATES, L.L.C., Elk Ridge Estates, LLC (“Elk Ridge”), 838-10 Street, Ste. 203, Canmore, Alberta T1W 2A7, 403-609-2484. Please address all correspondence to: Elk Ridge Estates, LLC, c/o Peggy E. Montaño, Esq., Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, 303-861-1963 Ext. 133. AMENDED APPLICATION FOR APPROVAL OF AUGMENTATION PLAN, IN DOUGLAS COUNTY. Background. The original application filed on August 31, 2004 sought approval for a plan for augmentation for the withdrawal of 197.15 acre-feet per year from the not nontributary Denver aquifer water, and reserved up to 8,185 acre-feet of nontributary Arapahoe aquifer water and 11,530 acre-feet of nontributary Laramie-Fox Hill aquifer water to replace pumping and post pumping depletions. Based upon updated modeling prepared by the Applicant’s groundwater consultants, this amended application seeks approval for a plan for augmentation for the withdrawal by Applicant, its successors or assigns, of not nontributary groundwater in the Denver and Arapahoe aquifer underlying the Applicant’s property, and requests a finding that post-pumping requirements do not apply to a portion of the not nontributary Denver and Arapahoe aquifer water that is the subject of this plan for augmentation, as more fully described below. The adjudication of the groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying a portion of the Applicant’s property, as described below, was previously decreed in the amended decrees in Case Nos. 86CW025 (Lower Dawson aquifer), 84CW220 (Denver aquifer), 84CW219 (Arapahoe aquifer) and 84CW216 (Laramie-Fox Hills aquifer), District Court, Water Division 1, State of Colorado, all dated January 3, 2000 (hereinafter referred to together as the “Pollock Decrees”). The adjudication of the groundwater in these same four aquifers underlying the remainder of the Applicant’s property was also adjudicated before this Court in Case No. 03CW252. See Findings of Fact, Conclusions of Law, Judgment and Decree, In the Matter of the Application for Underground Water Rights of Elk Ridge Estates, LLC, Case No. 03CW252, signed September 30, 2004. An application for the approval of a plan for augmentation for the withdrawal of not nontributary groundwater in the Denver and Arapahoe aquifers underlying the Applicant’s property by the owners of the 31 lots planned for development on the Applicant’s property was decreed by this Court in Case No. 04CW159. See Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and Decree In the Matter of the Application for Approval of Augmentation Plan of Elk Ridge Estates, LLC, Case No. 04CW159, signed September 2, 2005. This application addresses the withdrawal of not nontributary Denver aquifer and not nontributary Arapahoe aquifer water that was not included in Case No. 04CW159. Description of Plan for Augmentation. Structures to be augmented: The structures to be augmented include wells to be completed into the not nontributary Denver aquifer and not nontributary Arapahoe aquifer underlying the Applicant’s property, which includes approximately 432.13 acres of land in Sections 30 and 31, T7S, R67W, and Sections 25 and 36, T7S, R68W, all west of the 6th P.M., Douglas County, Colorado, (“Subject Property”) for withdrawal of not nontributary Denver and Arapahoe aquifer water. In addition, other wells off the Subject Property as permitted by the State Engineer, pursuant to C.R.S. § 37-90-137(4) and the Statewide Nontributary Ground Water

Rules, 2 C.C.R. 402-7, for withdrawal of not nontributary Denver aquifer and not nontributary Arapahoe aquifer water underlying the Subject Property will be augmented by this plan. Water to be augmented in this plan: The amount and source of water that is the subject of this plan is approximately 249.13 acre-feet per year of not nontributary Denver aquifer water and 79.43 acre-feet per year of not nontributary Arapahoe aquifer water underlying the Subject Property. This amount does not include any of the not nontributary Denver and Arapahoe aquifer water underlying the Subject Property that is the subject of the augmentation plan approved by this Court in Case No. 04CW159. This plan is in accord with the Pollock Decrees and the State Engineer Office’s Determination of Facts Reports for the Denver, Arapahoe and Laramie-Fox Hills aquifers filed in Case No. 03CW252. Water to be used for augmentation: The water rights to be used for augmentation include any one of, or some combination of, the following: (i) return flows from use of the decreed nontributary Arapahoe and Laramie-Fox Hills aquifer water and return flows from the use of the not nontributary Denver aquifer and not nontributary Arapahoe aquifer water which is the subject of this plan for augmentation so long as the on-site (on the Subject Property) or off-site (outside of Subject Property but within the Plum Creek drainage basin) use of said water is adequate to offset injurious depletions to downstream senior water rights, and/or, (ii) excess non-evaporative septic system and irrigation return flows from the use of not nontributary Denver and Arapahoe aquifer water and non-evaporative septic system and irrigation return flows from the use of nontributary Arapahoe aquifer water adjudicated in Case No. 04CW159 so long as Applicant receives consent of owners of water under Case No. 04CW159 and the express terms of the decree in Case No. 04CW159 are satisfied, and/or, (iii) direct discharge of nontributary Arapahoe and/or Laramie-Fox Hill aquifer water as adjudicated in Case No. 03CW252, 84CW219, and 84CW216. Statement of Plan for Augmentation. Applicant, its successors and assigns, may construct wells on the Subject Property, as approved in the Pollock Decrees and in Case No. 03CW252, and/or may construct other wells off the Subject Property as permitted by the State Engineer, pursuant to C.R.S. § 37-90-137(4) and the Statewide Nontributary Ground Water Rules, 2 C.C.R. 402-7, for withdrawal of not nontributary Denver and Arapahoe aquifer groundwater underlying the Subject Property. The withdrawn water may be used on or off the Subject Property. Replacement During Pumping: During pumping, Applicant will replace an amount equal to 4% of water withdrawn on an annual basis, pursuant to C.R.S. § 37-90-173(9)(c). The water rights to be used for augmentation include any one of, or some combination thereof, the following: (i) return flows from use of the decreed nontributary Arapahoe and Laramie-Fox Hills aquifer water and return flows from the use of the not nontributary Denver aquifer and not nontributary Arapahoe aquifer that are the subject of this plan for augmentation so long as the on-site or off-site use of said water rights are adequate to offset injurious depletions to downstream senior water rights, and/or, (ii) excess non-evaporative septic system and irrigation return flows from the use of not nontributary Denver and Arapahoe aquifer water and non-evaporative septic system and irrigation return flows from the use of nontributary Arapahoe aquifer water adjudicated in Case No. 04CW159 so long as Applicant receives consent of owners of the water under Case No. 04CW159 and the express terms of the decree in Case No. 04CW159 are satisfied, and/or, (iii) direct discharge of nontributary Arapahoe and/or Laramie-Fox Hill aquifer water as adjudicated in Case No. 03CW252, 84CW219, and 84CW216. No post-pumping depletion augmentation: By this Amended Application, Applicants request a finding that post-pumping requirements do not apply to 185.73 acre-feet per year of not nontributary Denver aquifer and 79.43 acre-feet per year of not nontributary Arapahoe aquifer water that is the subject of this plan for augmentation because the post-pumping depletions are not injurious to senior vested water rights. C.R.S. § 37-90-137(9)(c)(I) contains the requirements of approved plans for augmentation for the use of not nontributary aquifer water and states: “Such decrees may also require the continuation of replacement after withdrawal ceases if necessary to compensate for injurious stream depletions caused by prior withdrawals from such wells and shall meet all other statutory criteria for such plans” (emphasis added).

Modeling prepared by Applicant’s groundwater consultants concludes there are no injurious stream depletions caused by pumping 185.73 acre-feet per year of the not nontributary Denver aquifer water underlying the Subject Property in Sections 30 and 31, T7S, R67W, and Section 36, T7S, R68W. The Applicant’s groundwater consultants also concludes, based on groundwater modeling, that no injurious stream depletions are caused by pumping the 79.43 acre-feet per year of the not nontributary Arapahoe aquifer water underlying the Subject Property. As a result, no injury would occur by not making post-pumping replacements. Post-pumping depletion augmentation: Modeling performed by the Applicant’s groundwater consultants also concludes that pumping 63.4 acre-feet per year of the not nontributary Denver aquifer water underlying the Subject Property in Section 25, T7S, R68W, will potentially result in injurious stream depletions, thus, post-pumping stream replacement is required. Applicant will reserve up to 6,340 acre-feet of nontributary Laramie-Fox Hill aquifer water underlying the Subject Property, as decreed in Case Nos. 03CW252 and 84CW216, to replace post-pumping depletions under this plan through direct discharge to West Plum Creek via a Laramie-Fox Hill well. Such reserved water will not be available for use by the Applicant, its successors or assigns, for any purpose other than replacement of post-pumping depletions resulting from withdrawal and use of the subject not nontributary Denver aquifer water. WHEREFORE, Applicant requests that this Court enter a decree approving Applicant’s request for the approval of its augmentation plan and finding that withdrawal and use of the subject water under the augmentation plan will not injuriously affect parties entitled to use vested water rights or decreed conditional water rights. 04CW223. Doty Farms, 20830 MCR 24, Fort Morgan, Colorado, 80701 C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, Colorado, 80631, (970)356-9160. Amendment to Application for Change of Water Right and Plan for Augmentation in MORGAN COUNTY. 2. This Amendment is made to correct the well the subject of the application. The well is not Doty Well No. 2-RF-1119 (14635-R), but Doty Well No. 1-14163. 3. Change of Water Right: Doty Well No. 1-14163. 3.1 Previous Decrees: Doty Well No. 1-14163 was decreed in Case No. W-4785 on October 28, 1977 with appropriation date of June 30, 1950, for 3.11 c.f.s. for irrigation of 320 acres in the W1/2 of Section 19 and the NW1/4 NW1/4 of Section 30, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado, along with Doty Well No. 2-RF-1119. 4. The remainder of the Application is the same except all references to Doty Well No. 2-RF-1119 (14635-R) are changed to Doty Well No. 1-14163.

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of December 2005 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $70.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.