district court, water division no. 1, state of colorado ... · may 2005 resume.doc page 2 of 44...

May 2005 Resume.doc of 44

DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO Court Address: 901 9th Avenue, Greeley, CO 80631 Mailing Address: P.O. Box 2038, Greeley CO 80632-2038

▲COURT USE ONLY▲ ADMINISTRATIVE ORDER NO. 05-07

Case Number: 05CW1 Division: 1

ORDER AND NOTICE REGARDING ELECTRONIC FILING (WATER COURT)

The following guidelines shall apply to all water cases filed in Water Division No. 1 effective August

1, 2005. After this date, the Clerk of the Water Court will only accept water (CW) pleadings by counsel filed electronically. All counsel shall electronically file all pleadings, motions, briefs, exhibits and other documents using LexisNexis File & Serve (LNFS). Cases filed prior to the commencement date shall begin to file all new documents in these cases electronically as of August 1, 2005.

1) All counsel shall electronically file and serve, in accordance with C.R.C.P. 121 §1-26, all pleadings, motions, briefs, affidavits, exhibits, and all other documents using the LexisNexis File & Serve service. Pleadings with electronic signatures must indicate which original attorney signature is on file and verify the attorney responsible for the pleading. Printed copies of electronically filed documents shall not be filed with the Court.

2) All documents relating to a single pleading or paper should be filed electronically as separate documents but as a single transaction. For example, a motion shall be filed as a main document, while exhibits and other related documents shall be filed as supporting documents. All proposed orders shall be submitted in the same transaction but shall be a separate document. Proposed orders shall be submitted in Word or Word Perfect format (not scanned). All returns of service shall be filed electronically with the court.

3) A party who is not represented by an attorney shall continue to file documents in the traditional paper format, and the Clerk of Court will scan and upload these documents to LexisNexis File & Serve. Counsel shall transmit documents to unrepresented parties or personally serve such parties as required by the Colorado Rules of Civil Procedure.

4) Applicant or Plaintiff shall provide a copy of this Order to all other parties who enter an appearance, and shall electronically file certification of service within 15 days following the entry of appearance.

5) In all water court cases, all judicial rulings, opinions, orders and other communications from the court shall be electronically filed to counsel, and LexisNexis File and Serve will mail these communications to unrepresented parties.

For additional information regarding electronic filing, fees, service of documents, and training, the Court encourages all counsel to visit the LexisNexis File & Serve website at http://www.lexisnexis.com/fileandserve. For technical assistance and customer service, please contact LexisNexis File & Serve customer service directly at (888) 529-7587. Dated and signed this 23rd day of May, 2005.

BY THE COURT:


DISTRICT COURT, WATER DIVISION 1, COLORADO MAY 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 MAY 2005 for each County affected. 2005CW97 DONNA S. KESLIN, 7105 E. Briarwood Dr., Centennial, CO 80102, (720) 482-1487. APPLICATION FOR UNDERGROUND WATER RIGHT, IN PARK COUNTY. Well #057416-F located in the SW1/4, SE1/4 of Section 4, T10S, R75W of 6th PM in Park County, at a point 1180’ from the S and 2615’ from the E section lines. Elkhorn Ranches Unit 4 Lot 37 Address: 362 Kite Court, Jefferson, CO 80456. Source: Groundwater. Date of appropriation: July 22, 2002. How appropriation was initiated: Construction of well. Date water applied to beneficial use: February 28, 2003. Amount claimed: 2 gpm, ABSOLUTE. Proposed use: Household use only. Owner: Applicant. 2005CW98 HENRY BRALY, 12800 N. Foothills Highway, Longmont, CO 80503, (303)772-8348. (Jeffrey J. Kahn, Esq. and Ed R. Perkins, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900.) APPLICATION FOR UNDERGROUND WATER RIGHT. IN BOULDER COUNTY. 2. Name of well and permit number: South Well. Permit No. 161122. 3. Legal description of well: Located in the NE1/4 of the SE1/4 of Section 20, Township 3N, Range 70W, Sixth P.M., 1,450 feet from the South section line and 1,000 feet from the East section line, in Boulder County. 4. Source: Groundwater. Depth: 31 feet. 5.A. Date of appropriation: August 27, 1991. B. How appropriation was initiated: Completion of well, installation of pump, and pumping of groundwater. C. Date water applied to beneficial use: August 27, 1991. 6. Amount claimed: 15 gpm ABSOLUTE. 7. Proposed use: Fire protection and ordinary household purposes inside one single family dwelling. 8. Name and address of owner of the land upon which well is constructed and used: Applicant. 9. Remarks: Well Permit No. 161122 was approved pursuant to C.R.S. § 37-92-602(3)(b)(ii)(A) as the only well on a tract of land of 37.676 acres. This tract was subdivided pursuant to a Boulder County Subdivision Exemption #SE-94-12 and the well is currently used for fire protection and ordinary household purposes inside one single family dwelling on a parcel of land consisting of 19.106 acres. A new application for use of an existing well has been submitted to the Office of the State Engineer to reflect the change in acreage associated with this well. 2005CW99 ARAGON LIVING TRUST, Jack and Virginia Aragon, Trustees, 418 Lee Hill Dr., Boulder, CO 80302 (303) 442-4170. APPLICATION FOR CHANGE OF WATER RIGHT, IN BOULDER COUNTY. Decreed name of structure for which change is sought: The Case DitchFrom Previous Decree: Date Entered: 5/1/1883 Case No. 6672 Court: District Court, Boulder County, CO B. Decreed point of diversion (include map): Left bank of Four Mile Creek, from which point the S 1/4 corner of SEC 12, TIN, R71W of the 6th' P.M. bears S 40 degrees 23' E 2382.6 feet. Source: Four Mile Creek Appropriation Date: 5/1/1883 Amount: 7 cfs Historic Use: (Include a description of all water rights to be changed, a map showing the approximate location of historic use of the rights and records or


summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist.) All the water has been used since 1883 to irrigate pasture land on the Wineglass Ranch, also known as 602 Lee Hill Dr. The Wineglass Ranch was purchased in 1945 by my parents, K. K. and Marion Parsons, and now belongs to their children, of which I am one. (Virginia Aragon) No written records were kept of the water use, but I have personal knowledge of the water usage since 1945. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use; (if well, please list pertinent information from well permit) (b) location; (c) use; (d) amount; (e) give proposed plan for operation (if (b) through (e) applicable, please give full descriptions.) a. The Wineglass Ranch (602 Lee Hill Dr.) is being subdivided and will no longer require the water from the Case Ditch. I live approximately 1800 ft, downstream from the current diversion point at 418 Lee Hill Dr. I would like to divert the same amount of water as was decreed to the Case Ditch from Four Mile Creek into an existing pond on our property. Water in the pond would be used as a pumping source for irrigation for the trees on our six acres. A secondary use of the water will be for a wildlife watering source after the stream runs dry. Four Mile Creek is a seasonal creek which normally runs from April 1 to July 1. b. Location: Four Mile Creek runs through the south end of our property at 418 Lee Hill Dr.. (See Aerial photo) The diversion ditch to the pond is approximately 200 ft. from our west property line. c. Use: The pond will be used primarily as a pumping source for irrigating our trees, but also as a water source for wildlife when the stream dries up. d. Amount: 7 cubic feet per second would be diverted when available (the creek is seasonable). When the pond is full the overflow will run back into the creek. The pond holds approximately 36,000 gallons of water. e. Proposed plan for operation: The water will be diverted from the creek via an existing ditch to the pond. The ditch and pond will be maintained by Jack and Virginia Aragon. The months of operation will normally be from April through August, when Four Mile Creek is flowing. We will pump from the pond for tree irrigation, as water flow permits, but will keep the pond full for wildlife as a priority. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Aragon Living TrustJack and Virginia Aragon, Trustees 418 Lee Hill Dr., Boulder, CO 80302

2005CW100 LARRY MOWERY E. SUZANNE MOWERY 30611 County Road 89, Crook, Colorado, 80726, Tele: (970-886-2155) c/o Timothy R. Buchanan, #12185 Alan E. Curtis, #34571, TIMOTHY R. BUCHANAN, P.C., 7703 Ralston Road, Arvada, Colorado, 80002, Tele: (303-431-914) 1. APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION IN LOGAN COUNTY. Larry Mowery and E. Suzanne Mowery are the owners of Mowery Well No. 1, and E. Suzanne Mowery is the owner of Mowery Well No. 2. Larry Mowery and E. Suzanne Mowery are collectively referred to in this Application as the "Applicant." APPLICATION FOR CONDITIONAL WATER RIGHT 2. The Applicant requests determination of a conditional water right for two (2) new wells to be constructed by the Applicant. The two (2) new wells are described as follows: 3. Name of Well. Mowery Well No. 1. 4. Legal Description of the Well. Mowery Well No. 1 will be generally located in the East 1/4 of Section 32, Township 11 North, Range 48 West of the 6th P.M., Logan County, Colorado. 5. Source. Ground Water Tributary to the South Platte River. 6. Date of Initiation of Appropriation. March 1, 2005. 7. How Appropriation was Initiated. By determination of Applicant to proceed with this Application and investigation of property. 8. Date Water Applied to Beneficial Use. N/A. 9. Amount Claimed. 1,000 gallons per minute. 10. Use or Proposed Use: The water claimed herein will be used for domestic, commercial, irrigation, stockwatering, recreation, fish and wildlife purposes and fire protection and all other beneficial uses. The water will be used for immediate application to


beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water will be fully consumed during the first use of the water, or recaptured and reused until the water is fully consumed. If the water is used for irrigation, the water will be used for irrigation of land located in the Southeast 1/4 of Section 29 and the North1/2 of Section 32, Township 11 North, Range 48 West of the 6th P.M., Logan County, Colorado. 11. Name and Address of Owner(s) of Land on Which Well will be Located. The Mowery Well No. 1 will be located on land owned by Larry Mowery and E. Suzanne Mowery, 30611 County Road 89 Crook, Colorado 80726. 12. Name of Well. Mowery Well No. 2. 13. Legal Description of the Well. The Mowery Well No. 2 will be generally located in the South 1/2 of Section 31, Township 11 North, Range 48 West of the 6th P.M. in Logan County, Colorado. 14. Source. Ground Water Tributary to the South Platte River. 15. Date of Initiation of Appropriation. March 1, 2005. 16. How Appropriation was Initiated. By determination of Applicant to proceed with this Application and investigation of property. 17. Date Water Applied to Beneficial Use. N/A. 18. Amount Claimed. 1,000 gallons per minute. 19. Use or Proposed Use: The water claimed herein will be used for domestic, commercial, irrigation, stockwatering, recreation, fish and wildlife purposes and fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water will be fully consumed during the first use of the water, or recaptured and reused until the water is fully consumed. If the water is used for irrigation, the water will be used for irrigation of land located in the South 1/2 of Section 31 and the North1/2 of Section 6, Township 11 North, Range 48 West of the 6th P.M., Logan County, Colorado. 20. Name and Address of Owner(s) of Land on Which Well will be Located. The Mowery Well No. 2 will be located on land owned by E. Suzanne Mowery, 30611 County Road 89, Crook, Colorado, 80726. 21. Pursuant to Colorado law, Mowery Wells No.1 and 2 need not be constructed immediately. As a result, the Applicant has not yet applied for well permits for Mowery Well No. 1 or Mowery Well No. 2. See Cache La Poudre Water Users Ass'n v. Glacier View Meadows, 191 Colo 53, 550 P.2d 288 (1976); Kelly Ranch v. Southeastern Colorado Water Conservancy Dist., 191 Colo. 65, 550 P.2d 297 (1976). At such time when the Applicant intends to construct Mowery Well No. 1, Mowery Well No. 2, or both, the Applicant shall apply for the necessary well permit(s) from the State Engineer. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 22. Statement of Plan for Augmentation. The plan for augmentation contemplates replacement of depletions associated with operation of the wells described in this Application, and for such additional wells as may be constructed in the future, on the terms and conditions described in this Application and any decree pertaining to the operation of such wells as may be entered by the Court. The Applicant owns shares in The Harmony Ditch Company, which operates a plan for augmentation pursuant to the decree entered by the District Court in and for Water Division No. 1 in Case No. 2002CW363. Pursuant to agreements between the Applicant and The Harmony Ditch Company, the Applicant may use fully consumable water delivered to the South Platte River by Harmony under the terms of the Decree entered in Case No. 2002CW363 by the District Court in and for Water Division No. 1. The Applicant also owns 402.6 Iliff-Prewitt Acre-Rights that were changed in Case No. 2002CW363, and may be used for recharge of the alluvial aquifer, stockwatering, recreation, fish and wildlife purposes and fire protection. The 402.6 Iliff-Prewitt Acre-Rights may be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The Applicant also has an Application for approval of a plan for augmentation pending in Case No. 2003CW439. All or any portion of the foregoing replacement sources will be used for replacement of the depletions caused by operation of the wells described in this Application. 23. Description of Structures to be Augmented. Mowery Wells No. 1 and 2, as described


herein. 24. Description of Plan for Augmentation. The Applicant proposes to operate the plan for augmentation pursuant to the same general terms and conditions decreed by the Court in Case No. 2002CW363 that will be consistent with the following: 25. The Applicant will report on or before May 1 of each year the type of crops and number of acres of each crop to be planted and the number of acres of each such crop to be irrigated by flood irrigation and by sprinklers in the upcoming irrigation season for lands to be irrigated by each well. 26. The amount of water pumped from each well used for irrigation included in this Application will be measured by use of a flowmeter. The net ground water consumption shall be calculated for flood irrigation and for sprinkler irrigation. All such pumping measurements shall be recorded on at least a monthly basis. All meters shall be totalizing flow meters and shall be properly maintained so as to assure reasonable accuracy. 27. On or before May 30 of each year, a computer analysis will be made to project the net effect on the South Platte River in the upcoming year resulting from the prior and projected pumping and from prior recharge operations. 28. For purposes of projecting the pumping, the average historical pumping from the date of this Application shall be used to project pumping for the upcoming irrigation season. Each month the analysis and projection will be updated and reported to the Division Engineer using the actual consumptive use and recharge data. 29. The effects on the South Platte River resulting from the consumptive use of water pumped from wells pursuant to this plan for augmentation will be calculated by using the “alluvial aquifer” setting in the Integrated Decision Support Alluvial Water Accounting System (“AWAS”) to complete the calculations of the stream depletions occurring as a result of operation of the wells described in this Application. 30. Replacement Wells. This plan for augmentation will also replace the depletions associated with any replacement well, as defined by C.R.S. § 37-90-103(13) and permitted by the State Engineer under C.R.S. § 37-90-137, constructed as a replacement well for any well described in this Application. 31. Nothing in this Application shall prevent the Applicant from subsequently petitioning the Court to remove any well or wells from this plan for augmentation or to operate said wells in accordance with a different decree of the Court. (2 Pages) 2005CW101 WAGNER-MEYERS ENTERPRISES, LLC AND SOUTH HARTSEL GRAZING ASSOCIATION, 34841 Highway 9, Fairplay, CO 80440 c/o Wilderson, O’Hayre, Dawson & Frazier, P.C., 120 North Taylor Street, Post Office Box 179, Gunnison, Colorado 81230, 970-641-3326, fax 970-641-3094; Application for Surface Water Rights, IN PARK COUNTY. Name of Structure #1: Upper Marshall Solar Spring; Location: Located in Park County, in the SW1/4NE1/4 of Section 3, Township 14 South, Range 75 West, 6th P.M. 2125 feet from the North section line and 1850 feet from the East section Line (433542 mE and 4299956 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #2: Subler North Spring; Location Located in Park County, in the SE1/4SE1/4 of Section 8, Township 14 South, Range 75 West, 6th P.M. 755 feet from the South section line and 1100 feet from the East section Line (430570 mE and 4299236 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #3: Agate Creek Northwest Spring; Location: Located in Park County, in the SE1/4SE1/4 of Section 7, Township 14 South, Range 75 West, 6th P.M. 875 feet from the South section line and 350 feet from the East section Line (429173 mE and 4299291 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #4: Lentz Northeast Spring; Location: Located in Park County, in the SE1/4SW1/4 of Section 1, Township 15 South, Range 75 West, 6th P.M. 800 feet from the South section line and 1925 feet from the West section


Line (436220 mE and 4291180 mN UTM NAD27); Drainage Basin: Alluvium of Wagon Tongue Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #5: Antelope Pasture Spring; Location: Located in Park County, in the NE1/4SE1/4 of Section 29, Township 13 South, Range 75 West, 6th P.M. 2350 feet from the South section line and 1050 feet from the East section Line (430617 mE and 4304541 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #6: West Antelope Spring; Location: Located in Park County, in the SE1/4SE1/4 of Section 29, Township 13 South, Range 75 West, 6th P.M. 725 feet from the South section line and 200 feet from the East section Line (430877 mE and 4304036 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #7: Upper Marshall Northeast Spring; Location: Located in Park County, in the NW1/4NE1/4 of Section 35, Township 14 South, Range 75 West, 6th P.M. 75 feet from the North section line and 1175 feet from the East section Line (435303 mE and 4294146 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #8: Buffalo Creek Spring No. 2; Location: Located in Park County, in the SW1/4SE1/4 of Section 18, Township 14 South, Range 74 West, 6th P.M. 975 feet from the South section line and 1825 feet from the East section Line (438225 mE and 4297699 mN UTM NAD27); Drainage Basin: Alluvium of Buffalo Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #9: Buffalo Creek Spring No. 3; Location: Located in Park County, in the NW1/4SE1/4 of Section 18, Township 14 South, Range 74 West, 6th P.M. 1850 feet from the South section line and 2125 feet from the East section Line (438295 mE and 4297976 mN UTM NAD27) Drainage Basin: Alluvium of Buffalo Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering. The rights are located on lands owned by Hartsel Springs Ranch, 26977 County Rd 59, POB 5, Hartsel, CO 80449. 2005CW102 WAGNER-MEYERS ENTERPRISES, LLC AND SOUTH HARTSEL GRAZING ASSOCIATION, 34841 Highway 9, Fairplay, CO 80440 c/o Wilderson, O’Hayre, Dawson & Frazier, P.C., 120 North Taylor Street, Post Office Box 179, Gunnison, Colorado 81230, 970-641-3326, fax 970-641-3094. Application for Surface Water Rights IN PARK COUNTY. Name of Structure #1: Jamestown Stage Stop Spring; Location: Located in Park County, in the NW1/4NW1/4 of Section 7, Township 13 South, Range 75 West, 6th P.M. 100 feet from the North section line and 0 feet from the West section Line (427759 mE and 4310285 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #2: County Road 53 Spring; Location: Located in Park County, in the NE1/4SE1/4 of Section 4, Township 14 South, Range 75 West, 6th P.M. 2075 feet from the South section line and 250 feet from the East section Line (432449 mE and 4301254 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #3: West Agate Creek Spring; Location: Located in Park County, in the SE1/4SW1/4 of Section 15, Township 14 South, Range 75 West, 6th P.M. 425 feet from the South section line and 1950


feet from the West section Line (433075 mE and 4297522 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #4: Lentz North Spring; Location: Located in Park County, in the SE1/4SW1/4 of Section 2, Township 15 South, Range 75 West, 6th P.M. 1175 feet from the South section line and 1575 feet from the West section Line (434555 mE and 4291310 mN UTM NAD27); Drainage Basin: Alluvium of Wagon Tongue Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #5: Agate Creek No. 1 Spring; Location: Located in Park County, in the NE1/4NE1/4 of Section 22, Township 14 South, Range 75 West, 6th P.M. 75 feet from the North section line and 875 feet from the East section Line (433810 mE and 4297365 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #6: Agate Creek No. 2 Spring; Location: Located in Park County, in the SE1/4NW1/4 of Section 23, Township 14 South, Range 75 West, 6th P.M. 1700 feet from the North section line and 1550 feet from the West section Line (434553 mE and 4296878 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #7: Agate Creek No. 3 Spring; Location: Located in Park County, in the NE1/4NE1/4 of Section 26, Township 14 South, Range 75 West, 6th P.M. 450 feet from the North section line and 125 feet from the East section Line (435633 mE and 4295654 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #8: Bakabi Spring; Location: Located in Park County, in the SW1/4SE1/4 of Section 30, Township 14 South, Range 74 West, 6th P.M. 550 feet from the South section line and 2100 feet from the East section Line (438294 mE and 4294153 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #9: Upper Marshall Spring No. 3; Location: Located in Park County, in the SE1/4SW1/4 of Section 1, Township 14 South, Range 75 West, 6th P.M. 200 feet from the South section line and 2525 feet from the West section Line (436488 mE and 4300654 mN UTM NAD27); Drainage Basin: Alluvium of Buffalo Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #10: State Lease South Spring; Location: Located in Park County, in the SE 1/4NE1/4 of Section 1, Township 14 South, Range 75 West, 6th P.M. 1425 feet from the North section line and 975 feet from the East section Line (437028 mE and 4301808 mN UTM NAD27); Drainage Basin: Alluvium of Buffalo Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #11: State Lease Spring; Location: Located in Park County, in the NW1/4SW1/4 of Section 1, Township 14 South, Range 75 West, 6th P.M. 2500 feet from the South section line and 900 feet from the West section Line (436010 mE and 4301737 mN UTM NAD27); Drainage Basin: Alluvium of Buffalo Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #12: State Lease Fence Spring; Location: Located in Park County, in the NE1/4NE1/4 of Section 1, Township 14 South, Range 75 West, 6th P.M. 1000 feet from the North section line and 100 feet from the East section Line (437294 mE and 4301936 mN UTM NAD27); Drainage Basin: Alluvium of Buffalo Creek, tributary to the South


Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #13: Antelope Spring; Location: Located in Park County, in the SW1/4NW1/4 of Section 22, Township 13 South, Range 75 West, 6th P.M. 1575 feet from the North section line and 850 feet from the West section Line (432867 mE and 4306528 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #14: East Jamestown Spring; Location: Located in Park County, in the SE1/4NE1/4 of Section 10, Township 13 South, Range 75 West, 6th P.M. 1925 feet from the North section line and 50 feet from the East section Line (434225 mE and 4309674 mN UTM NAD27); Drainage Basin: Alluvium of Buffalo Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #15: Upper Marshall Spring; Location: Located in Park County, in the NE1/4NE1/4 of Section 3, Township 14 South, Range 75 West, 6th P.M. 1200 feet from the North section line and 50 feet from the East section Line (434112 mE and 4301872 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #16: East Agate Creek Spring; Location: Located in Park County, in the SW1/4SW1/4 of Section 15, Township 14 South, Range 75 West, 6th P.M. 1200 feet from the South section line and 50 feet from the West section Line (432491 mE and 4297758 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #17: Agate Delaware Spring; Location: Located in Park County, in the SE1/4SW1/4 of Section 21, Township 14 South, Range 75 West, 6th P.M. 200 feet from the South section line and 2000 feet from the West section Line (434713 mE and 4295847 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #18: Santee Spring; Location: Located in Park County, in the NW1/4NW1/4 of Section 25, Township 14 South, Range 75 West, 6th P.M. 1075 feet from the North section line and 900 feet from the West section Line (435940 mE and 4295467 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #19: Buffalo Spring; Location: Located in Park County, in the NE1/4NW1/4 of Section 30, Township 14 South, Range 74 West, 6th P.M. 475 feet from the North section line and 1850 feet from the West section Line (437992 mE and 4295635 mN UTM NAD27); Drainage Basin: Alluvium of Buffalo Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #21: Upper Marshall Spring No. 2; Location: Located in Park County, in the SW1/4NW1/4 of Section 13, Township 14 South, Range 75 West, 6th P.M. 2425 feet from the North section line and 425 feet from the West section Line (435818 mE and 4298242 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #22: East Antelope Spring; Location: Located in Park County, in the SW 1/4SW1/4 of Section 19, Township 13 South, Range 74 West, 6th P.M. 975 feet from the South section line and 650 feet from the West section Line (437568 mE and 4305750 mN UTM NAD27); Drainage Basin: Alluvium of Buffalo Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock


watering; Name of Structure #23: East Antelope Pipeline Spring; Location: Located in Park County, in the SE1/4NE1/4 of Section 24, Township 13 South, Range 75 West, 6th P.M. 2000 feet from the North section line and 325 feet from the East section Line (437281 mE and 4306430 mN UTM NAD27); Drainage Basin: Alluvium of Buffalo Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; 2005CW103 RICHARD E. AND MARJORIE M. EGGLESTON, 272 Wapiti Way, P. O. Box 1294, Fairplay, CO 80440. Application for Absolute Water Right, IN PARK COUNTY. Well #141847, previously decreed in Water Division No. 1 Case No. 96CW412, is located in NW1/4 SE1/4, S20, T9S, R76W, 6th P.M., Park County, 2270’ from the S and 1950’ from the E section lines. Appropriation: 9/13/1985. Amount: .0022 cfs (1gpm) Absolute; .031 cfs (14 gpm) Conditional. Use: Domestic in a single family dwelling. Depth: 375’. If claim to make absolute: Date water applied to beneficial use: 5/9/2005. Amount: .0022 cfs (1 gpm). Use: Domestic-single family dwelling at 272 Wapiti Way, Fairplay, CO; Bar-D Ranch, Lot 92, Filing 4. 2005CW104 GERALD D. SJAASTAD AND G.D. SJAASTAD, P. O. Box 127, Elbert, CO 80106, Ph: (303)648-3118. Application for Change of Water Rights IN MORGAN COUNTY. General Background: On September 22, 1978, in Case No. W-2968, the Water Court entered a decree adjudicating 93 wells owned and operated by shareholders of the Upper Platte & Beaver Canal Company (the Company) These wells furnish supplementary water for irrigation of lands which are primarily irrigated by surface water owned by the Company. Water Rights to be Changed: Water rights associated with 3 of the aforesaid 93 wells, specifically: Well A70-1-8408 located in the SE1/4 SE1/4 of Section 22, Well A27-2-7191 located in the SW1l4SE1/4 of Section 22, and Well A15-1-8527 located in the SWJ/4SW1/4 of Section 22, all in T4N, R56W of the 6' P.M. in Morgan County. The subject wells are included in the augmentation plan of the Company approved by the Water Court in Case No. W-2968 on November 22, 1983. Proposed Chance in Water Rights: Applicants propose to increase the area irrigated by Well A70-1-8408 and commensurately reduce the area irrigated by Wells A27-2-7191 and A15-1-8527, resulting in no net expansion of use, to facilitate a change in method of irrigation from flood to a combination of flood and pivot sprinkler.

2005CW105 REB INVESTMENTS, LLC, (Henry D. Worley, Esq., MacDougall, Woldridge & Worley, P.C., 530 Communication Circle, Suite 204, Colo. Springs, CO 80905-1743) 1598 North Gate Road, Colorado Springs, CO 80921 (719) 494-8073. APPLICATION FOR CHANGE OF WATER RIGHTS, IN EL PASO COUNTY. 2. Names of wells and permit, registration, or denial numbers: Decreed name of structure for which change is sought: Wells DA-1 through DA-14, DEN-1, A-1 and LFH-1. Decreed in Consolidated Case Nos. 03CW58 and 03CW12, Water Division 1, on January 12, 2004. Decreed points of diversion are at any points within Applicant’s 73.751 acre property located within the NW1/4 Section 29, T. 11 S., R. 65 W., 6th P.M. (the “Property”). The Property is currently undergoing subdivision into a subdivision to be called Ridgeview Acres.) A map and metes and bounds description of the Property are attached hereto as Figure 1 and Exhibit A, respectively. These are Denver Basin water rights for which no appropriation date is given. The decreed amounts are: Dawson aquifer, 7,312 acre feet; Denver aquifer, 5,785 acre feet; Arapahoe aquifer, 3,077 acre feet; Laramie-Fox Hills aquifer, 2,063 acre feet. 3. Historic use: none. 4.Proposed changes: A. Applicant’s original calculation of the acreage of the Property was incorrect. The acreage stated in the application was 72.4 acres; the correct acreage is 73.751 acres, “more or less”. Accordingly, Applicant requests that the amounts available for appropriation be changed as follows: Dawson aquifer, 7,448 acre feet; Denver aquifer, 5,893 acre feet;


Arapahoe aquifer, 3,134 acre feet; Laramie-Fox Hills aquifer, 2,101 acre feet. B. The final decree in Consolidated Case Nos. 03CW58 and 03CW12 limited beneficial uses. Applicant hereby claims the additional beneficial uses: hot tubs and swimming pools, and commercial use for a fire station, including w/o limitation water for the indoor drinking and sanitary uses in a fire station, for a hot tub or spa, for landscape irrigation, vehicle washing and fire fighting uses. C. The original decree claimed 14 Dawson aquifer wells for use on residential lots. This change in water rights seeks to limit the number of wells to 13 wells, 12 of which will be on residential lots and will continue to be limited to 15 gpm and 1.0 acre foot annually, each, for indoor residential and commercial uses, for home gardens and landscaping (irrigation and decorative ponds), for hot tubs and swimming pools, for stock water and for augmentation, and the last of which, DA-13, will be used for commercial purposes on Tract B of Ridgeview Acres subdivision, upon which the fire station will be located. The well on Tract B will be limited to 25 gpm and to 2.0 acre feet annually, so the total amount to be diverted in a year will remain at a maximum of 14 acre feet annually. Indoor residential use is expected to average 0.27 acre foot annually, of which 10% will be consumed. Fire station indoor uses for seven full-time residents is assumed to be 0.83 acre foot annually, of which 10 percent will be consumed. Applicant will replace all depletions during the 300 year pumping period with septic system return flows, and will reserve 3,820 acre feet of nontributary Denver aquifer water for the replacement of post-pumping depletions. Except as indicated herein, all other material aspects of the application and decree in Consolidated Case Nos. 03CW58 and 03CW12 are unchanged. Pursuant to C.R.S. 37-92-302(2)(b), notice of this application is being given to Pueblo Bank & Trust, Attn: Aileen Anema, 1515 North Academy Blvd., Colorado Springs, CO 80909, as the beneficiary of a deed of trust on the Property. A copy of that letter is attached as Exhibit B. The original applications in Consolidated Case Nos. 03CW58 and 03CW12 were filed in Divisions 1 and 2 and were subsequently consolidated. Applicant requests that notice of this change of water rights application be given in Water Division 2 as well as in Division 1, by having it printed in the resume for Division 2 under the case number given to it in Water Division 1.

05CW106 SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT, P.O. Box 597, Commerce City, CO 80037-0597 ((303) 288-2646) (David L. Harrison and Brian A. Knutsen, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306). APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE, OR ALTERNATIVELY FOR A FINDING OF REASONABLE DILIGENCE, IN ADAMS COUNTY. 2. Name of structure: Well No. 79. 3. Description of conditional water right: a. Date of original decree: May 3, 1999; Case No.: 97CW353; Court: District Court for Water Division No. 1, State of Colorado. b. Decreed location: Well No. 79 is in the NE1/4 of the NE1/4 of Section 8, Township 3 South, Range 67 West, 6th P.M., at or within 200 feet of a point 400 feet from the east line and 750 feet from the north line of said section, in Adams County, Colorado. c. Source: Groundwater tributary to the South Platte River. d. Appropriation date: June 11, 1997.Amount: 2,000 gpm, conditional, subject to an annual volumetric limit of 1,600 acre-feet. e. Use: Municipal water supply for South Adams County Water and Sanitation District for domestic, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife preservation and propagation and all other beneficial municipal uses of said District. f. Depth of well: Approximately 130 feet. g. Well permit no.: 053235-F. h. Other decrees: Pursuant to the decree in Case No. 97CW353, Well No. 79 was incorporated into SACWSD’s augmentation plan decreed in Case No. W-8440-76, as amended by Case Nos. W-8440-76A, W-8440-76C, and W-8440-76D, all in District Court, Water Division No. 1, State of Colorado. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures: a. Applicant was issued a permit to construct Well No. 79 from the Office of the State Engineer on February 18, 2000; Permit No. 053235-F. b. Well No. 79 was installed, and pump tests


were completed on June 30, 2000. Such pump tests confirmed the capability of the well to reliably produce at a rate of 2,000 gallons per minute. c. Well No. 79 was first pumped and applied to beneficial use on February 7, 2001 at the fully decreed rate of 2,000 gallons per minute. Since that time, water produced by Well No. 79 has been treated for use in SACWSD’s potable water system at the fully decreed rate of 2,000 gallons per minute as needed to satisfy consumer demand. The well typically operates at the fully decreed rate of diversion for several hours at a time during the high demands of the irrigation season. d. A statement of beneficial use for Well 79, Permit No. 053235-F was filed with the Office of the State Engineer on February 14, 2001. e. Pursuant to the decree in Case No. 97CW353, Well No. 79 has been incorporated into Applicant’s Augmentation Plan Including Exchange decreed in Case No. W-8440-76, as amended by Case Nos. W-8440-76A, W-8440-76C and W-8440-76D, all in District Court, Water Division No. 1, State of Colorado, and the terms and conditions therein have governed the replacement of Applicant’s net out-of-priority depletions resulting from the pumping of Applicant’s alluvial wells, including Well No. 79. 5. Water applied to beneficial use for claim to make absolute: a. Date: February 7, 2001; Amount: 2,000 gpm, subject to annual volumetric limit of 1,600 acre-feet; Use: Uses described in paragraph 3.e. b. Description of place of use where water is applied to beneficial use: Within applicant’s service area. 6. the Applicant is the owner of the land upon which any which any 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. 5 pages. 2005CW107 George S. Meyers and Merrill Ann Wilson, 32051 Horseshoe Drive, Evergreen, Colorado 80439, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Meyers/Wilson Well No. 1 (Permit No. 220460) and Meyers/Wilson Well No. 2. 2. Legal Description of the Wells: Meyers/Wilson Well No. 1 is located in the NE 1/4 NW 1/4 of Section 20, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 600 feet from the North Section line and 1,500 feet from the West Section line of said Section 20. It can also be described as being located on Lot 46 of the Hagen Ranch Subdivision, Unit 1. Pursuant to Policy Memo No. 99-1 of the State Engineer, George S. Meyers and Merrill Ann Wilson, ("Meyers/Wilson"), request a conditional underground water right for the Meyers/Wilson Well No. 2. The exact location of the well will not be known until the location of the residence to be served is finally determined. However, the well can generally be described as being within either the NE 1/4 NW 1/4 or the NW 1/4 NW 1/4 of Section 20, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. 3.A. Source of Water: Ground water that is tributary Buffalo Creek, Bear Creek and the South Platte River. 3.B. Depth of Meyers/Wilson Well No. 1: 752 feet. Depth of Meyers/Wilson Well No. 2: 800 feet, approximate. Dates of Appropriation: Meyers/Wilson Well No. 1: July 30, 1999. Meyers/Wilson Well No. 2: May 31, 2005. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: Meyers/Wilson Well No. 1: November 24, 1999. Meyers/Wilson Well No. 2: N/A. 5. Amount Claimed: Meyers/Wilson Well No. 1: 1.0 gallons per minute, Absolute and 14.0 gallons per minute, Conditional. Meyers/Wilson Well No. 2: 15 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling or apartment, the watering of domestic animals, irrigation and fire protection purposes. 7. Name and Address of Owner of Land and on which the New Well will be Located: George S. Meyers and Merrill Ann Wilson, as described above. 8. Remarks: The


Permit for the Meyers/Wilson Well No. 1 was originally issued pursuant to C.R.S. Section 37-92-602. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 220460 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structures to be Augmented: The wells described in Claim No. 1, above. 2. Water Rights to be Used for Augmentation Purposes. a. Meyers/Wilson have entered into a contract to purchase 3.9 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 3.9 shares represent the right to receive 0.122 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority MMRC Date No. Source Amount Entitlement April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs

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

Appropriation Priority MMRC Date No. Source Amount Entitlement December 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs October 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes


Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. Sections 37-92-103(9), 302(1),(2) and 305(8): a. Meyers/Wilson are the record owners of Lot 46 of the Hagen Ranch Subdivision, Unit 1. The property consists of approximately 8 acres. It is located in the NE 1/4 NW 1/4 and the NW 1/4 NW 1/4 of Section 20, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, and is depicted on the attached Exhibit "A." Meyers/Wilson have constructed a barn with a separate living unit on the property. They propose to build a single family residence in the future. The existing structure and the new residence may be served using the Meyers/Wilson Well No. 1, or each building will have its own well. The potential also exists that the subject property will be subdivided into two parcels. b. Wastewater from all in-building uses of water is or will be treated utilizing a non-evaporative septic system with soil absorption leach fields. Return flows are to Buffalo Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence or other type of living unit will be 3.5 persons, and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens, and the watering of four horses. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Water requirements for horses are assumed to be 10 gallons per animal per day. The total volume of water required is projected to be approximately 0.69 of an acre foot per year. d. Depletions associated with water which is used inside each residence will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre foot per acre. All of the water supplied to horses is assumed to be consumed. Maximum stream depletions are not anticipated to exceed 0.122 of an acre foot per year. Depletions during the irrigation season of six month will average 0.0113 of an acre foot per month. Depletions during the remainder of the year will average 0.009 of an acre foot per month. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes


Reservoirs. g. Since the point of depletion associated with water use from the Meyers/Wilson Well Nos. 1 and 2 is upstream of the Harriman Ditch headgate, Meyers/Wilson assert an appropriative right of substitute supply and exchange pursuant to C.R.S. Sections 37-80-120 and 37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado; thence up Bear Creek to the confluence of Bear Creek and Buffalo Creek located in the NW 1/4 NW 1/4 of Section 9, Township 5 South, Range 71 West, 6th P.M.; thence up Buffalo Creek to the confluence of Buffalo Creek and an unnamed tributary of Buffalo Creek in the SE 1/4 of Section 18, Township 5 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the subject wells impact the unnamed tributary in the NW 1/4 NW 1/4 of Section 20, Township 5 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Buffalo Creek, Bear Creek and the South Platte River as the depletions occur. The exchange may also be used to fill an on-site storage container if such a container is ever determined to be needed. The exchange will be administered with a priority date of May 31, 2005, at a maximum flow rate of 0.001 of a cubic foot per second. h. Meyers/Wilson believe and asserts that the depletions associated with the wells described herein, combined with depletions associated with other augmentation plans filed subsequent to 1994, will result in less than a one percent depletive effect on the instream flow water rights held by the Colorado Water Conservation Board on Bear Creek that were decreed in Case Nos. 94CW258, 94CW259 and 94CW260. 4. Names and Address of Owners of Land on which New Structures will be Located: Structures described in Paragraph No. 1: George S. Meyers and Merrill Ann Wilson, as above described. WHEREFORE, Meyers/Wilson request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Meyers/Wilson also request a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Meyers/Wilson further request the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (8 pages and 1 exhibit). 2005CW108 Thunderbolt Circle, LLC., P. O. Box 3463, Evergreen, Colorado 80437, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Thunderbolt Circle Well Nos. 1-7. 2. Legal Description of the Wells: Pursuant to Policy Memo No. 99-1 of the State Engineer, Thunderbolt Circle, LLC ("Thunderbolt"), requests conditional underground water rights for the Thunderbolt Circle Well Nos. 1-7. The exact locations 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 portions of the NW 1/4 SW 1/4 and the W 1/2 SW 1/4 SW 1/4 of Section 10, Township 6 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Source of Water: Ground water that is tributary to North Turkey Creek, Turkey Creek, Bear Creek and the South Platte River. 3.B. Depth of all Wells: 800 feet, approximate. Date of Appropriation: May 31, 2005. 4.B. How Appropriation was Initiated: Survey of the property and the filing of this Application. 4.C. Date Water Applied to Beneficial Use: N/A. 5. Amount Claimed: 15 gallons per minute, Conditional, for each well. 6. Uses: Domestic and ordinary household purposes and fire protection purposes. 7. Name and Address of Owner of Land and on which the Wells will be Located: Thunderbolt Circle, LLC, as described above. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHTS: 1. Name of Structures to be Augmented: The wells described in Claim No. 1. 2. Water Rights


to be Used for Augmentation Purposes. a. Thunderbolt has entered into a contract to purchase 7.0 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 7.0 shares represent the right to receive 0.22 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority MMRC Date No. Source Amount Entitlement April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs

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

Appropriation Priority MMRC Date No. Source Amount Entitlement December 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs October 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and


substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will also be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. Sections 37-92-103(9), 302(1)(2) and 305(8): a. Thunderbolt proposes to subdivide a tract of land consisting of approximately 58 acres into seven residential lots. The property is located in the NW 1/4 SW 1/4 and the W 1/2 SW 1/4 SW 1/4 of Section 10, Township 6 South, Range 71 West, 6th P.M., Jefferson County, Colorado, and is depicted on the attached Exhibit "A.". The water supply for the residences will be obtained from the Thunderbolt Circle Well Nos. 1-7. b. Wastewater from all in-building uses of water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to North Turkey Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons as an annual average. There will be no outside water usage. d. Depletions associated with water which is used inside the single family residences will be based on a ten percent (10%) consumption factor. Maximum stream depletions are not anticipated to exceed 0.22 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. During those times when the exchange decreed in Case No. 2001CW293 can be operated, depletions to North Turkey Creek below the outlet of Meadowview Reservoir and points downstream will be augmented by either continuously leaving a portion of MMRC's direct flow water rights in the stream or periodically releasing water stored in the Soda Lakes Reservoirs. During times when such an exchange cannot be operated, depletions will primarily be augmented by periodically releasing water from Meadowview Reservoir. g. Since the point of depletion associated with water use from the wells described herein is to North Turkey Creek above the outlet of Meadowview Reservoir, Thunderbolt asserts an appropriative right of substitute supply and exchange pursuant to C.R.S. Sections 37-80-120 and 37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado; thence up Turkey Creek to the confluence of North Turkey Creek and South Turkey Creek in the NW 1/4 NW 1/4 of Section 27, Township 5 South, Range 70 West, 6th P.M.; thence up North Turkey Creek to the confluence of North Turkey Creek and an unnamed tributary of North Turkey Creek in the NE 1/4 NE 1/4 of Section 10, Township 6 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the wells impact the unnamed tributary in the NE 1/4 SW 1/4 of Section 10, Township 6 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in North Turkey Creek, Turkey Creek, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of May 31, 2005, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Name and Address of Owner of Land on which New Structures will be Located:


Structures described in Paragraph No. 1: Thunderbolt Circle, LLC, as above described. WHEREFORE, Thunderbolt requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Thunderbolt also requests a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Thunderbolt further request the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (7 pages and 1 exhibit). 05CW109 THF PRAIRIE CENTER DEVELOPMENT, LLC, (Mary Mead Hammond, Esq., Carlson, Hammond and Paddock, 1700 Lincoln St., Suite 3900, Denver, CO 80203-4539) 2127 Innerbelt Business Center Drive, Suite 200, St. Louis, Missouri, 63114 (314) 429-0900. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE OF THF PRAIRIE CENTER DEVELOPMENT LLC IN ADAMS COUNTY. 2. Names of Structures: Third Creek Well QAL-3, Third Creek Well QAL-4, Third Creek Well QAL-5, Third Creek Well QAL-6. 3. Description of conditional water rights: A. Third Creek Well QAL-3.1. Original decree: 84CW102. 2. Decreed location: Located in the SW 1/4 of the SW 1/4 of Section 20, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, at a point 1,260 feet from the South section line and 275 feet from the West section line. 3. Source of water: Groundwater in the Third Creek alluvium, tributary to the South Platte River. 4. Appropriation date: June 24, 1987. 5. Amount of water: 0.446 c.f.s. Conditional. 6. Use of water: Industrial, commercial, irrigation, domestic and all municipal uses B. Third Creek Well QAL-4.1. Original decree: 84CW102. 2. Decreed location: Located in the NE 1/4 of the SE 1/4 of Section 19, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, at a point 2,450 feet from the South section line and 1,000 feet from the East section line. 3. Source of water: Groundwater in the Third Creek alluvium, tributary to the South Platte River. 4. Appropriation date: June 24, 1987. 5. Amount of water: 0.446 c.f.s. Conditional 6. Use of water: Industrial, commercial, irrigation, domestic and all municipal uses C. Third Creek Well QAL-5. 1. Original decree: 84CW102. 2. Decreed location: Located in the NE 1/4 of the SE 1/4 of Section 19, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, at a point 2,500 feet from the South section line and 50 feet from the East section line. 3. Source of water: Groundwater in the Third Creek alluvium, tributary to the South Platte River. 4. Appropriation date: June 24, 1987. 5. Amount of water: 0.446 c.f.s. Conditional. 6. Use of water: Industrial, commercial, irrigation, domestic and all municipal uses. D. Third Creek Well QAL-6.1.Original Decree: 84CW102. 2. Decreed location: Located in the SE 1/4 of the SE 1/4 of Section 19, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, at a point 1,320 feet from the South section line and 1,300 feet from the East section line. 3. Source of water: Groundwater in the Third Creek alluvium, tributary to the South Platte River. 4. Appropriation date: June 24, 1987. 5. Amount of water: 0.446 c.f.s. Conditional. 6. Use of water: Industrial, commercial, irrigation, domestic and all municipal uses. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. A. During the diligence period, Applicant THF Prairie Center Development LLC (“THF”) acquired the foregoing tributary water rights from the previous owner, Third Creek LLC. Copies of the conveyance documents effecting the transfer are attached hereto as Exhibit 1. B. THF has obtained the services of geological and engineering consultants to advise it regarding the wells and how best to use the water supply from the wells (and the augmentation plan adjudicated for the wells) in connection with its development of a large mixed-use development, the Prairie Center, located generally in the City of Brighton in the vicinity of Barr Lake. THF has expended at least $30,000 in engineering consulting fees in connection with study and evaluation of the tributary water rights and their potential use. C. In February, 2004, THF drilled four test wells in the location of the wells, and performed pump testing of three test wells at the sites for Third Creek wells QAL-3, QAL-5, and QAL - 6. THF filed appropriate Notices of Intent to Construct Monitoring Holes (assigned numbers 43070 and 43071 by the State Engineer’s Office). THF thereafter filed Well Construction and Test Reports on the test wells on April 21, 2004, and obtained well Permit Numbers 257784 (QAL-3); 257785 (QAL-5); and 257786 (QAL-6), on June


24, 2004. In this connection, THF also negotiated and obtained temporary access agreements for the test drilling activities. THF expended at least $42,938 for the drilling and testing of the test wells. As a result of the well testing, THF has determined that the wells should be changed in location to land owned by THF, or to a wellfield that might be developed in cooperation with the City of Brighton south of the decreed location and closer to the South Platte River. THF anticipates filing an application to effect such a change of location upon conclusion of its current negotiations with the City of Brighton described below. D. THF has engaged in continuing negotiations and discussions with the City of Brighton regarding the provision of water supply for the Prairie Center Development, including the provision of water supply by means of the conditional water rights herein. E. THF asserts that the tributary water rights are part of an integrated system for the provision of water supply for the Prairie Center Development, and diligence on one aspect of the project constitutes diligence for all other components. THF has expended to date, at least $11,800,000 in engineering, legal, and other consulting fees, and in acquisition and development of water rights and water-related infrastructure, for the development. 5. Water applied to beneficial use: N.A. 6. Names of 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 modifications to the existing storage pool: Reputed owner of decreed location for the conditional rights: Brighton Lakes, L.L.C., 1805 Shea Center Drive, Suite 205, Highlands Ranch, CO 80129. As noted above, however, THF intends to relocate the wells to its own land, or to a wellfield that might be developed in cooperation with the City of Brighton south of the decreed location and closer to the South Platte River. WHEREFORE, THF requests the Court to enter its decree and ruling as follows: A.To make a finding of reasonable diligence with respect to the conditional water rights decreed to Third Creek Well QAL-3, Third Creek Well QAL-4, Third Creek Well QAL-5, and Third Creek Well QAL-6 in Case No. 82CW104, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence. 2005CW110 CAROL YOUNGER, (Henry D. Worley, Esq., MacDougall, Woldridge & Worley, P.C., 530 Communication Circle, Suite 204, Colorado Springs, CO 80905-1743) 3405 Sinton Road, #220, Colorado Springs, CO 80907, (719) 332-2816. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE, IN DOUGLAS COUNTY. 2. Description of Water Rights: All structures were decreed by Water Division 1 in Case No. 98CW401 on April 19, 1999. A. Structure: Younger Well No. 2. I. Legal Description: At any location on Applicant’s property as described in Exhibit A and depicted on Exhibit B, provided it is not located within 200 feet of any well located off the property. II. Amount: 15 gpm. III. Use: domestic, commercial, irrigation, livestock watering and fire fighting purposes. IV. Source: fractured granite tributary to West Creek, Horse Creek and the South Platte. V. Depth: Not stated in Decree in Case No. 98CW401, but Applicant hereby requests that the decreed depth of Younger Well No. 2 be any depth not to exceed 400 feet. B. Structure: Younger Pond. I. Legal Description: SW1/4 NW1/4 Section 30, T. 10 S., R. 69 W., 6th P.M., center of the dam to be located 2,300 feet from the north section line and 600 feet from the west section line. II. Amount: 0.3 acre foot. III. Use: fish culture, livestock watering, irrigation, augmentation. IV. Source: unnamed tributary of Horse Creek. C. Structure: Younger Appropriative Right of Exchange. I. Legal Description: Confluence of Horse Creek and South Platte River, in the NW1/4 NE1/4 Section 21, T. 9 S., R. 70 W., 6th P.M. in Douglas County, up Horse Creek to West Creek and up West Creek to its confluence with an unnamed tributary in the SW1/4 NW1/4 Section 30, T. 10 S.,R. 69 W., 6th P.M. in Douglas County. II. Amount: 0.05 cfs, 0.236 acre feet annually. V. Date applied to beneficial use: April 19, 1999. 3. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed: A. Younger Appropriative Right of Exchange. Applicant claims an absolute water right for the Younger Appropriative Right of Exchange. The accounting performed by Mountain Mutual Water Company reflects that water has been continuously exchanged to Younger Well No. 1 since the date the decree was entered on April 19, 1999. The water from Younger Well No. 1 was used on the Applicant’s property as described in Exhibit A. Applicant requests that the appropriative right of exchange be made absolute. B. Younger Pond. In 2002 or 2003 Eric Younger spent approximately 10 - 12 hours using a Caterpillar tractor doing earth moving and construction in preparation of the site for construction of the pond. Inasmuch as Mr. Younger owned the tractor and used his


own labor, there was no cash expenditure for this work. When Mr. and Mrs. Younger divorced, work on the pond ceased and has not resumed. Applicant requests that the Court enter a finding of diligence for the Younger Pond. C. Younger Well No. 2. Younger Well No. 1 is permitted for pumping of only 2.5 gpm. For the present, that has proved to be an adequate water supply for just Mr. and Mrs. Younger when they occupied the property. The property has just been listed for sale, and it is anticipated that if a family moves in, they may need to construct Younger Well No. 2 in order to obtain sufficient water for the decreed uses. To date, though, no well permit for Younger Well No. 2 has been applied for. Applicant requests that the Court enter a finding of diligence for the Younger Well No. 2, as a part of an integrated water supply for Applicant’s property. All structures are located or to be located on Applicant’s property. 2005CW111 CENTER OF COLORADO WATER CONSERVANCY DISTRICT, c/o Daniel J. Drucker, President, P. O. Box 1747, Fairplay, CO 80440 (James W. Culichia, Felt, Monson & Culichia, LLC, 319 North Weber Street, Colorado Springs, CO 80903), and CENTENNIAL WATER AND SANITATION DISTRICT, c/o John D. Hendrick, General Manager, 62 West Plaza Drive, Highlands Ranch, CO 80129 (Veronica A. Sperling, Richard J. Mehren, Brian A. Knutsen, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306-1440). APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING SUBSTITUTION AND EXCHANGE, IN PARK, DOUGLAS, ARAPAHOE AND JEFFERSON COUNTIES. 2. The water rights that are the subject of this application (“Water Rights”) are described in paragraph 4 below. Center of Colorado owns the Water Rights. Centennial has an agreement to lease a portion of the Water Rights from Center of Colorado. Applicants seek a decree changing the Water Rights and approving an augmentation plan including substitution and exchange to allow the Water Rights to be diverted and/or stored at new alternate points of diversion and places of storage and used for municipal, augmentation and other beneficial purposes. 3. Decreed names of structures for which changes are sought: Randall Ditch; Sessions Ditch. 4. Description of water rights for which changes are sought: A. Randall Ditch: (1) Decree information: The Randall Ditch water rights were decreed for irrigation purposes as Priority Nos. 91 and 133 in Water District 23 by decree of the District Court of Park County dated October 18, 1889, Case No. 341, as amended by decree of the District Court of Park County dated July 30, 1896. (2) Decreed point of diversion: On Michigan Creek in the SE1/4 of the SE1/4 of Section 13, Township 8 South, Range 76 West, of the 6th P.M., Park County, Colorado. (3) Source: Michigan Creek, tributary to the South Platte River. (4) Appropriation dates and amounts: (a) Priority No. 91: May 1, 1878; 11.75 cfs. (b) Priority No. 133: April 1, 1881; 11.75 cfs. (5) Historical use: The Randall Ditch water rights were historically used to irrigate approximately 845 acres located in all or parts of Sections 18, 19, 20, 28, 29, 32 and 33, Township 8 South, Range 75 West, 6th P.M., Park County, Colorado. A map showing the approximate location of the historically irrigated land is attached to the application as Appendix A. A summary of records of actual diversions of the Randall Ditch water rights is attached to the application as Appendix B. B. Sessions Ditch: (1) Decree information: The Sessions Ditch water right being changed herein was decreed for irrigation purposes as Priority No. 127 in Water District 23 by decree of the District Court of Park County dated October 18, 1889, Case No. 341, as amended by decree of the District Court of Park County dated July 30, 1896. (2) Decreed point of diversion: On Michigan Creek at a point 15 rods below where the Denver and South Park Rail Road crosses said creek in Park County, Colorado. The headgate is located on Michigan Creek in the NW1/4 of the SE1/4 of Section 13, Township 8 South, Range 76 West, 6th P.M., Park County, Colorado. (3) Source: Michigan Creek, tributary to the South Platte River. (4) Appropriation date: July 31, 1880. (5) Amount: 1.15 cfs. (6) Historical use: The subject Sessions Ditch water right was historically used to irrigate approximately 40 acres located in the S1/2 SE1/4 of Section 18, Township 8 South, Range 75 West, 6th P.M., Park County, Colorado. A map showing the approximate location of the historically irrigated land is attached to the application as Appendix A. A summary of records of actual diversions of the subject Sessions Ditch water right is attached to the application as Appendix C. 5. Proposed changes: A. Change in type of use: Applicants request that the type of use of the Water Rights be changed from irrigation purposes to municipal, augmentation, domestic, industrial, commercial, irrigation, stockwatering, recreation, fish and wildlife preservation and propagation, fire protection, aquifer recharge purposes, substitution and exchange and replacement, including both immediate application for


such purposes and storage for subsequent application for such purposes. B. Change in place of use: Applicants request that the place of use be changed from the existing place of use to lands within Centennial’s existing and future service area, including lands within Highlands Ranch which are described in Appendix D to the application, and to other locations in the South Platte River basin. Center of Colorado will use the water rights within Park County. C. Changes in points of diversion and places of storage: Applicants propose that the Water Rights be changed to allow diversion and/or storage at any combination of the following new points of diversion and places of storage, in addition to the existing decreed points of diversion, for the changed uses described above: (1) Randall Ditch and Sessions Ditch: A portion of the water historically diverted under the Water Rights will be diverted either at the decreed point of diversion for the Randall Ditch, described in paragraph 4.A.(2), or at the decreed point of diversion for the Sessions Ditch, described in paragraph 4.B.(2), and stored in one or more surface reservoirs to be constructed in Sections 18 and 19, Township 8 South, Range 75 West of the 6th P.M., Park County, Colorado, or delivered to recharge pits at the same general location to provide controlled seepage into the alluvium of Michigan Creek. (2) South Platte Alluvial Well Field No. 2 (also known as the Ensor Wellfield): Six wells constructed or to be constructed at approximate depths ranging from 40 to 60 feet in the South Platte River alluvium downstream from Chatfield Reservoir within 200 feet of the following locations in the E1/2 of Section 31, Township 5 South, Range 68 West of the 6th P.M., Arapahoe County, Colorado: Well No. SP-9: 3130 feet from the north section line and 400 feet from the east section line; Well No. SP-10: 2780 feet from the north section line and 700 feet from the east section line; Well No. SP-11: 3590 feet from the north section line and 400 feet from the east section line; Well No. SP-12: 2580 feet from the north section line and 550 feet from the east section line; Well No. SP-13: 2180 feet from the north section line and 150 feet from the east section line; Well No. SP-14: 3930 feet from the north section line and 50 feet from the east section line. Delayed out-of-priority pumping effects resulting from diverting the Water Rights at the South Platte Alluvial Well Field No. 2 are proposed to be augmented pursuant to the augmentation plan including substitution and exchange described below in paragraph 6. (3) City Ditch Pipeline at Chatfield Dam: The centerline of the Chatfield Reservoir Outlet Manifold to the City Ditch intersects the centerline of the dam at a point whence the northwest corner of Section 1, Township 6 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, bears North 49° West 4070 feet. (4) Chatfield Reservoir Outlet Manifold to Last Chance Ditch No. 2: The Chatfield Reservoir Outlet Manifold intersects the centerline of the Chatfield Dam at a point whence the northwest corner of Section 1, Township 6 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, bears North 49° West 4070 feet. (5) Chatfield Reservoir Outlet Manifold to Nevada Ditch: Same location as Chatfield Reservoir Outlet Manifold to Last Chance Ditch No. 2. (6) South Platte Reservoir: The dam and reservoir location is described as approximately 216 acres located in portions of the W1/2 and of the SE1/4 of Section 31, Township 5 South, Range 68 West of the 6th P.M., Arapahoe County, Colorado, and in the E1/2 of the SE1/4 and the SE1/4 of the NE1/4 of Section 36, Township 5 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. The Water Rights may be stored in South Platte Reservoir by diversion through one or more of the following points of diversion: the wells whose locations are described above in paragraph 5.C.(2); the City Ditch Pipeline at Chatfield Dam, whose point of diversion is located at the point described above in paragraph 5.C.(3); and Chatfield Reservoir Outlet Manifold to Last Chance Ditch No. 2 and/or Nevada Ditch, whose points of diversion are located at the point described above in paragraphs 5.C.(4) and 5.C.(5). (7) Chatfield Reservoir: The reservoir formed by Chatfield Dam, an existing structure located on the mainstem of the South Platte River. The right abutment is located in Douglas County, Colorado, in Sections 6 and 7, Township 6 South, Range 68 West of the 6th P.M.; the left abutment is located in Jefferson County, Colorado, in Section 1, Township 6 South, Range 69 West of the 6th P.M. (8) McLellan Reservoir: Located on Dad Clark Gulch, a tributary of the South Platte River, in Sections 32 and 33 of Township 5 South, Range 68 West of the 6th P.M., Arapahoe County, Colorado, and Sections 4 and 5, Township 6 South, Range 68 West of the 6th P.M., Douglas County, Colorado, with the initial point of survey being a point whence the southeast corner of Section 32, Township 5 South, Range 68 West of the 6th P.M., bears South 71°00' East 2489.5 feet. The Water Rights may be stored in McLellan Reservoir by diversion through one or more of the following points of diversion: the wells whose locations are described above in paragraph 5.C.(2); City Ditch Pipeline at Chatfield Dam, whose point of diversion is located at the point described above in paragraph 5.C.(3); and Chatfield Reservoir Outlet


Manifold to Last Chance Ditch No. 2 and/or Nevada Ditch, whose points of diversion are located at the point described above in paragraphs 5.C.(4) and 5.C.(5). (9) Other structures capable of delivering water as needed to replicate historical delayed return flows as described below in paragraph 5.E. (10) Denver Basin aquifers underlying lands comprising Highlands Ranch, which lands are described in Appendix D attached to the application. (11) Gloria Z Reservoir: The Gloria Z Reservoir will be located in the S1/2 of the S1/2 of Section 29 and the N1/2 of the N1/2 of Section 32, Township 9 South, Range 77 West of the 6th P.M., Park County, Colorado. (12) CCWCD Sacramento Creek Ditch No. 1: The CCWCD Sacramento Creek Ditch No. 1 is located in the SE1/4 of the SW1/4 of Section 29, Township 9 South, Range 77 West of the 6th P.M., Park County, Colorado. (13) CCWCD Westerman Ditch Diversion: The CCWCD Westerman Ditch Diversion is located in the NE1/4 of the SW1/4 of Section 30, Township 9 South, Range 77 West of the 6th P.M., Park County, Colorado. (14) Johnson Reservoir No. 1: The Johnson Reservoir No. 1 is located in the SW1/4 of the NW1/4 of Section 31, Township 7 South, Range 75 West of the 6th P.M., Park County, Colorado. (15) Jefferson Creek Ditch No. 1: The Jefferson Creek Ditch No. 1 is located in the NW1/4 of the NW1/4 of Section 31, Township 9 South, Range 75 West of the 6th P.M., Park County, Colorado. (16) Smelter Pipeline Reservoir: The Smelter Pipeline Reservoir is located in the NE1/4 of Section 13, Township 9 South, Range 78 West of the 6th P.M., Park County, Colorado. (17) London Mining and Smelter Ditch: The London Mining and Smelter Ditch is located on the left bank of Mosquito Creek at a point whence the E1/4 corner of Section 13, Township 9 South, Range 78 West of the 6th P.M., Park County, Colorado, bears South 58°30' East 1892 feet. (18) Spinney Mountain Reservoir: Spinney Mountain Reservoir is located in the S1/2 of Section 25, Township 12 South, Range 74 West of the 6th P.M., Park County, Colorado; the left abutment of said dam is located at a point whence the southwest corner of Section 36, Township 12 South, Range 74 West of the 6th P.M., bears South 23°26' West 8314.3 feet, Park County, Colorado. (19) Baker Reservoir: Baker Reservoir is located in Section 29, Township 7 South, Range 75 West of the 6th P.M., Park County, Colorado. (20) Tarryall Reservoir: The dam for Tarryall Reservoir is located in the NE1/4 of the SE1/4 of Section 36, Township 9 South, Range 74 West of the 6th P.M., Park County, Colorado. D. Quantification of historical consumptive use: Applicants seek a quantification in acre-feet of the historical consumptive use of the Water Rights. Applicants propose to divert and/or store the entire historical consumptive use attributable to the Water Rights when water is physically available and in priority at the historical points of diversion. Applicants claim the right to divert and/or store such water in whole or in part at any combination of the structures described above in paragraph 5.C. and to use, reuse, and successively use to extinction such water for the uses and at the places of use described above in paragraphs 5.A. and 5.B. E. Historical return flows: Applicants also propose to divert additional portions of the historically diverted water into storage through and in the structures described above in paragraphs 5.C.(1) and 5.C.(9). Such stored water shall be used for subsequent return to Michigan Creek in order to replicate, to the extent necessary to prevent injury to other water rights, the historically available groundwater return flows to Michigan Creek and the South Platte River occurring as a result of historical irrigation with the Water Rights. Applicants also claim the right to store water in and/or release water from other structures or sources capable of delivering water as needed to replicate such historical return flows. Releases to replicate such return flows, whether from storage of a portion of the Water Rights or from other sources are proposed to be made if there is an unmet downstream demand on Michigan Creek, Tarryall Creek or the South Platte River from water rights with priorities senior to the date of filing of the application. Under conditions in which there is no such unmet demand, any water diverted or stored under the Water Rights or available from other sources for purposes of replicating historical return flows is proposed to be retained by applicants for use as described above in paragraphs 5.A. and 5.B. 6. Augmentation plan including substitution and exchange for delayed out-of-priority pumping effects resulting from diverting the Water Rights at the South Platte Alluvial Well Field No. 2: A. Names of structures to be augmented: South Platte Alluvial Well Nos. 9 through 14 in South Platte Alluvial Well Field No. 2 described above in paragraph 5.C.(2). B. Water rights and sources to be used for augmentation, substitution, and exchange: (1) Denver Basin groundwater underlying Highlands Ranch: (a) Nontributary Laramie-Fox Hills aquifer groundwater decreed in Case Nos. W-9192-78, 83CW237, and 82CW479, District Court, Water Division No. 1. (b) Nontributary Arapahoe aquifer groundwater decreed in Case Nos. W-9192-78 and 84CW483, District Court, Water Division No. 1. (c) Nontributary Denver aquifer groundwater decreed in Case


Nos. 80CW445 and 97CW145, District Court, Water Division No. 1. (d) Nontributary Dawson aquifer groundwater decreed in Case No. 82CW480, District Court, Water Division No. 1. (e) Not nontributary Denver aquifer groundwater decreed in Case No. 85CW415, District Court, Water Division No. 1. (2) Plum Creek water rights: Up to 688 acre-feet per year of fully consumable water adjudicated in the decree entered on April 17, 1980 in Case No. W-6072, as changed in Case Nos. 85CW415 and 93CW177, all in District Court, Water Division No. 1. (3) Cline Ranch water rights: Fully consumable water adjudicated in the decree entered on January 31, 2002 in Case No. 99CW199(A), District Court, Water Division No. 1. (4) Randall Ditch and Sessions Ditch water rights: Water available under the Water Rights for augmentation, substitution and exchange pursuant to the decree entered as a result of this application. (5) South Platte Reservoir: Water stored in South Platte Reservoir, whose location is described above in paragraph 5.C.(6), pursuant to the decrees entered in Case Nos. 93CW082 and 95CW239, District Court, Water Division No. 1, or by exchange pursuant to the decree in Case No. 93CW178. (6) Chatfield Reservoir: Water stored in Chatfield Reservoir, whose location is described above in paragraph 5.C.(7), pursuant to the decrees entered in Case Nos. 83CW184, 84CW411 and 85CW314, or by exchange pursuant to the decrees entered in Case Nos. 85CW415 and 93CW178. (7) McLellan Reservoir: Water stored in McLellan Reservoir, whose location is described above in paragraph 5.C.(8), pursuant to the following decrees: (a) The decree entered on May 18, 1972 in C.A. 3635, Douglas County District Court. (b) The decree entered on September 7, 1990 in Case No. 88CW222, District Court, Water Division No. 1. (c) Water stored by exchange pursuant to the decrees in Case Nos. 85CW415 and 93CW178. (8) Water supplied by the City of Englewood pursuant to agreements between Englewood and Centennial. (9) Water supplied by the City and County of Denver, acting by and through its Board of Water Commissioners, pursuant to agreements between Denver and Centennial. (10) Water available under the Water Rights for augmentation, substitution and exchange pursuant to any decree entered as a result of this application. (11) Water available to applicants from any other source legally available for augmentation which can be provided in the amount and at the time and location required for augmentation. C. Historical use: Not applicable. D. Statement of plan for augmentation, substitution and exchange: Applicants propose that the delayed out-of-priority pumping effects resulting from diversion of the Water Rights at the wells in the South Platte Alluvial Well Field No. 2 be determined using the same methodology as specified in paragraph 1.33 of the decree in Case No. 85CW415. The depletion factors for pumping effects from South Platte Alluvial Well Nos. 9, 10, 11 and 12 have already been approved by the State Engineer’s office based on the methodology described in said paragraph. To the extent that delayed effects occur when an unmet downstream demand senior to the date of filing of the application is being administered, applicants propose that such delayed effects be replaced by the following methods: (1) Release of water from South Platte Reservoir, Chatfield Reservoir, and/or McLellan Reservoir, whose locations are described above in paragraphs 5.C.(6) through 5.C.(8). (2) Release to the South Platte River of reusable return flows from indoor uses within Centennial’s service area and exchange of reusable return flows from outdoor uses on Highlands Ranch. The amount, timing, and location of such indoor use and outdoor use return flows are proposed to be determined pursuant to the methodology described in paragraphs 1.47 through 1.58 of the decree in Case No. 85CW415. The exchange of reusable outdoor use return flows is further described as follows: (a) Downstream point: Confluence of Little Dry Creek with South Platte River, in Section 33, Township 4 South, Range 68 West, 6th P.M., Arapahoe County, Colorado, approximately 2350 feet from the South section line and 1650 feet from the East section line. (b) Upstream point: The point where depletive effects occur from pumping the wells in the South Platte Alluvial Well Field No. 2 described above in paragraph 5.C. (2). (c) Appropriation date for the appropriative right of exchange: May 26, 2005. (d) Rate of exchange: The rate of exchange will be based on the pumping effects resulting from diversion of the Water Rights at the wells in the South Platte Alluvial Well Field No. 2, which effects are proposed to be determined using the same methodology as specified in paragraph 1.33 of the decree in Case No. 85CW415. (e) Source of water to be used for exchange: The sources described above in paragraph 6.B. (3) Direct delivery to the South Platte River system from the Denver Basin groundwater sources described above in paragraph 6.B.(1). (4) Reduction or foregoing of diversions under the Plum Creek water rights, the Cline Ranch water rights, the Water Rights, and/or other water sources described above in paragraphs 6.B.(2), 6.B.(3), 6.B.(4), 6.B.(8), 6.B.(9), 6.B.(10) and 6.B.(11). 7. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or


storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: A. Proposed reservoirs described in paragraph 5.C.(1): First National Bank of Colorado, Trustee of the Frida Bargas Revocable Trust, 555 17th Street, Suite 3400, Denver, Colorado 80202. B. South Platte Reservoir: Applicant, Centennial Water and Sanitation District. C. Chatfield Reservoir: U.S. Army Corps of Engineers, Omaha District, 9300 S. State Highway 75, Littleton, Colorado 80123-6901. D. McLellan Reservoir: City of Englewood, 3400 South Elati Street, Englewood, Colorado 80110. E. Gloria Z Reservoir: Playfair, Inc., c/o Mike Pfister, P. O. Box 1346, Breckenridge, Colorado 80424. F. Johnson Reservoir No. 1: Helen J. Johnson, 108 County Road #77, Jefferson, Colorado 80456. G. Smelter Pipeline Reservoir: Jean Leach, 5340 East 6th Street, Long Beach, California 90184. H. Spinney Mountain Reservoir: City of Aurora, 15151 E. Alameda Parkway, Aurora, Colorado 80012-4090. I. Baker Reservoir: JBS Family Enterprises, LLLP, 6385 Corporate Drive, Suite 200, Colorado Springs, Colorado 80919. J. Tarryall Reservoir: Colorado Division of Wildlife, 6060 Broadway, Denver, Colorado 80216. WHEREFORE, applicants request the Court: (1) to quantify the historical consumptive use of the Water Rights in acre-feet; and (2) to enter a decree approving the changes of the Water Rights and the plan for augmentation including substitution and exchange described above and specifically approving the changed types of use, places of use, points of diversion, places of storage, and amounts requested, and determining that such changes of water rights and augmentation plan including substitution and exchange will not cause injury to vested water rights or decreed conditional water rights. (15 pages + exhibits (7 pages)) 2005CW112 CITY OF ARVADA, c/o Kenneth E. Peterson, 8101 Ralston Road, Arvada, CO 80001-8101, (720) 898-7766. (Steven P. Jeffers, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900). APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING CHANGES OF WATER RIGHTS AND EXCHANGES. IN JEFFERSON, ADAMS, BROOMFIELD AND WELD COUNTIES 2. Decreed names of structures for which change is sought: A. Farmers High Line Canal; Church Ditch, also known as the Golden City and Ralston Creek Ditch; Reno-Juchem Ditch; Swadley and Longan Ditch; Wadsworth Ditch; Swadley Ditch; Sayer & Lees Ditch; Wadsworth & Graves Ditch; Wolff North Ditch; Slater Ditch; Graves North Ditch; Rhodes Middle Ditch; Rhodes South Ditch; and Manhart Ditch. The decreed locations for these structures are described in paragraph 3 below and are shown on the map attached as EXHIBIT A. B. Names of structures to be used as alternate points of diversion or storage, or to which water will be exchanged: i. Arvada Reservoir: described in paragraph 4(B)(v) below. ii. Croke Canal Clear Creek headgate: located on the north bank of Clear Creek in the NW1/4 NE1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. iii. Croke Canal Ralston Creek headgate: located at a point where said canal crosses Ralston Creek in Section 1, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. iv. Tucker Lake: described in paragraph 4(D)(v) below. v. Highway 93 Lakes: described in paragraph 4(E)(v) below. vi. Arvada South Platte Reservoir: described in paragraph 4(F)(v) below. The locations of these structures are shown on attached EXHIBIT A. 3. Previous decrees for water rights to be changed: Arvada seeks to change the water rights associated with its proportionate interest in the following mutual ditch and reservoir companies: A. Farmers High Line Canal and Reservoir Company (FHL): i. Date Entered, Case No., Court, Amount, Appropriation Date:


Date Entered Case No.

Court Clear Creek Priority No. Approp. Date Amount (cfs.)

10/04/1884 6963 Arapahoe 1 02/25/1860 0.2751 10/04/1884 6963 Arapahoe 3 05/16/1860 1.00 10/04/1884 6963 Arapahoe 5 05/31/1860 3.281 10/04/1884 6963 Arapahoe 9 07/01/1860 39.80 10/04/1884 6963 Arapahoe 30 05/28/1863 1.61 10/04/1884 6963 Arapahoe 32 06/20/1863 2.75 10/04/1884 6963 Arapahoe 42 04/23/1865 2.89 10/04/1884 6963 Arapahoe 48 11/02/1865 0.8071 10/04/1884 6963 Arapahoe 54 05/24/1870 0.33 10/04/1884 6963 Arapahoe 57 04/01/1872 154.00 10/09/1895 21886 Arapahoe 68 04/01/1886 191.00 10/09/1895 21886 Arapahoe 69 04/23/1895 335.86 05/13/1936 60052 Denver Little Dry Creek (Kelly

Creek) No. 1 04/01/1872 193.80

05/13/1936 60052 Denver Ralston Creek No.21 04/01/1872 60.00 05/13/1936 60052 Denver Leyden Creek No. 4 07/12/1905 465.00

ii. Type of water right: Surface. iii. Decreed points of diversion: 1) The Clear Creek headgate is located on the north bank of Clear Creek in the N1/2 SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado about 860 feet South 7°30' East (magnetic bearing) from the Northeast corner of the W1/2 of said Section 27. 2) At a point on the west or upper bank of Farmers High Line Canal where it crosses Little Dry Creek in the NE1/4 of Section 13, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado; 3) On the north bank of Ralston Creek at a point about 175 feet west of the point where said canal crosses Ralston Creek and near the center of the NW1/4 of Section 1, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado; 4) At a point on the west or upper bank of Farmers High Line Canal where it crosses Leyden Creek below the embankment of Leyden Reservoir in the NE¼ of Section 36, Township 2 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. iv. Source: Clear Creek, Little Dry Creek, Ralston Creek, Leyden Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 122.4068 shares of Class A stock and 19.8105 shares of Class B stock in FHL, all of which have been included in previous augmentation plans, except 8.13 shares of Class A stock, which are the subject of this application. Applicant is also the owner of 239.568 shares out of 337.165 shares of stock in the Oberon Water Company (“OWC”), which owns 17.18 shares in FHL. As a result of its ownership of stock in the OWC, Applicant is entitled to delivery and use of a pro rata share of the water represented by OWC’s interest in the FHL. Therefore, Applicant claims the right to change an additional 12.21 shares of Class A stock in FHL. Applicant is also the owner of 10 inches of contract water carried in FHL pursuant to the John R. Hill contract. Applicant is also the owner of 3.75 inches of statutory water that are the subject of this application. B. Church Ditch, a/k/a the Golden City and Ralston Creek Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:


Date Entered Case No. Court Clear Creek Priority No.

Approp. Date Amount (cfs.)

10/04/1884 6963 Arapahoe 21 06/01/1862 0.90 10/04/1884 6963 Arapahoe 40 02/28/1865 41.43 10/04/1884 6963 Arapahoe 44 05/16/1865 1.25 10/04/1884 6963 Arapahoe 62 11/18/1877 18.26 10/04/1884 6963 Arapahoe 65 11/15/1878 18.85 10/04/1884 6963 Arapahoe 66 11/20/1881 32.34 05/13/1936 60052 Denver Ralston

Creek No. 22 11/18/1877 185.00

Portions of Priority Nos. 21 and 44 were transferred from the Swadley Ditch to the Church Ditch by decree entered September 23, 1912, by the District Court, City and County of Denver. ii. Type of water right: Surface. iii. Decreed points of diversion: 1) The Clear Creek headgate is located on the north bank of Clear Creek about one mile west of Golden, at a point in the SE1/4 NW1/4 NE1/4 of Section 32, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, South 69°30' West, 1450 feet from the NE corner of said Section; 2) On the north bank of Ralston Creek in Section 2, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado at a point 445 feet South 69° West from the center of said Section. iv. Source: Clear Creek; Ralston Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant holds the right to receive deliveries on, inter alia, 1004.71 inches of water from water rights in the Church Ditch, of which 886.558 inches have been included in previous augmentation plans. The remaining 118.552 inches are the subject of this application, but applicant claims credit for only 118.152 inches, to correct an error in the previous augmentation plans. C. Consolidated Juchem Ditch & Reservoir Company, a/k/a the Reno-Juchem Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:



10/04/1884 6963 Arapahoe 13 05/14/1861 0.3752 10/04/1884 6963 Arapahoe 21 06/01/1862 2.375 10/04/1884 6963 Arapahoe 42 04/23/1865 2.89 10/04/1884 6963 Arapahoe 44 05/16/1865 4.76 10/04/1884 6963 Arapahoe 54 05/24/1870 5.98 10/04/1884 6963 Arapahoe 63 03/02/1878 18.19 10/04/1884 6963 Arapahoe Ralston Creek

No. 2 04/10/1861 2.75

ii. Type of water right: Surface. iii. Decreed points of diversion: 1)The Clear Creek headgate is located in the NE1/4 SE1/4 SW1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point on the north bank of Clear Creek about 1350 feet upstream of Eldridge Street, Jefferson County. 2) The Ralston Creek headgate is located on the north bank of Ralston Creek in the SE1/4 NW1/4 of Section 4, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. iv. Source: Clear Creek; Ralston Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 85.287 inches of "inch water" and 153.004 shares of stock in the Reno-Juchem Ditch. 78.487 inches and 147.377 shares of stock have been included in previous augmentation plans. The remaining 6.8 inches of "inch water" and 5.627 shares of stock are the subject of this application. Included in the water rights in the Reno-Juchem Ditch are 103 inches of Priority No. 2 on Ralston Creek owned by Applicant, and another 110 inches of Priority No. 2 on Ralston Creek owned by the Consolidated Juchem Ditch and Reservoir Company, which is diverted through the Swadley and Longan Ditch into the portion of the Reno-Juchem Ditch running on the north side of Ralston Creek. Applicant owns a proportionate interest in the 110 inches of Priority No. 2 by virtue of its stock ownership in the Company. Applicant’s shares of stock entitle Applicant to 58.439 inches of Priority No. 2 water, of


which 2.15 inches are the subject of this application. D. Member Ditches of the Bayou Ditch Association, also known as the "Slough Ditches": (1) Wadsworth Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:



10/04/1884 6963 Arapahoe 1 02/25/1860 3.034 10/04/1884 6963 Arapahoe 48 11/02/1865 8.88

ii. Type of right: Surface. iii. Legal description of point of diversion: The headgate of the Bayou Ditch Association is located in the NE1/4 SE1/4, Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point on the north bank of Clear Creek 1/4 mile west of the Youngfield Street Bridge, Jefferson County, Colorado. iv. Source: Clear Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 41.6214 shares of the Wadsworth Ditch, of which 22.51 shares have been included in previous plans for augmentation. The remaining 19.1114 shares are the subject of this application. (2) Swadley Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:


Court Clear Creek Priority No.


10/04/1884 6963 Arapahoe 13 05/14/1861 4.683 10/04/1884 6963 Arapahoe 21 06/01/1862 4.65 10/04/1884 6963 Arapahoe 44 05/16/1865 3.202

ii. Type of right: Surface. iii. Legal description of point of diversion: See Paragraph 3(D)(1)(iii) above. iv. Source: Clear Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 299.284 inches of the Swadley Ditch, all of which have been included in previous augmentation plans, except 3.25 inches, which are the subject of this application. (3) Sayer & Lees Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:




10/04/1884 6963 Arapahoe 22 06/14/1862 7.0 ii. Type of right: Surface. Iii. Legal description of point of diversion: See Paragraph 3(D)(1)(iii) above. iv. Source: Clear Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 284.66 shares of the Sayer & Lees Ditch, of which 264.66 shares have been included in previous augmentation plans. The remaining 20.0 shares are the subject of this application. (4) Wadsworth & Graves Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:





ii. Type of right: Surface. iii. Legal description of point of diversion: See Paragraph 3(D)(1)(iii) above. iv. Source: Clear Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 212.95 inches of the Wadsworth & Graves Ditch, of which 205.35 inches have been included in previous augmentation plans. The remaining 7.6 inches are the subject of this application. (5) Wolff North Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:




10/04/1884 6963 Arapahoe 25 07/05/1862 2.0 ii. Type of right: Surface. iii. Legal description of point of diversion: See Paragraph 3(D)(1)(iii) above. iv. Source: Clear Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 30.05 inches of the Wolff North Ditch, of which 18.69 inches have been included in previous augmentation plans. The remaining 11.73 inches are the subject of this application, but applicant will claim credit for only 11.36 inches in this case to correct an error in prior augmentation plans.


(6) Slater Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date: Date Entered Case

No. Court Clear Creek

Priority No. Approp. Date Amount (cfs.)

10/04/1884 6963 Arapahoe 20 05/16/1862 1.8 ii. Type of right: Surface. iii. Legal description of point of diversion: See Paragraph 3(D)(1)(iii) above. iv. Source: Clear Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 2.5 inches of the Slater Ditch, of which 1.5 inches have been included in previous augmentation plans. The remaining 1.0 inch is the subject of this application. (7) Graves North Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:





ii. Type of right: surface iii. Decreed point of diversion: See Paragraph 3(D)(1)(iii) above. iv. Source: Clear Creek v. Decreed use: Irrigation vi. Remarks: Applicant is the owner of 79.812 inches of the Graves North Ditch, of which 79.62 inches have been included in previous augmentation plans. The remaining 0.192 inch of water is the subject of this application. (8) Rhodes Middle Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:




10/04/1884 6963 Arapahoe 33 08/01/1863 3.0 ii. Type of right: Surface iii. Decreed point of diversion: See Paragraph 3(D)(1)(iii) above. iv. Source: Clear Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 50.75 inches (22.456 shares) of water, of which 17.72 inches have been included in previous augmentation plans. The remaining 33.03 inches of water are the subject of this application. (9) Rhodes South Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:




10/04/1884 6963 Arapahoe 47 07/05/1865 3.16 ii. Type of right: Surface iii. Decreed point of diversion: See Paragraph 3(D)(1)(iii) above. iv. Source: Clear Creek v. Decreed use: Irrigation vi. Remarks: Applicant is the owner of 17.20 inches of water in the Rhodes South Ditch, of which 14.27 inches have been included in previous augmentation plans. The remaining 2.93 inches of water are the subject of this application. E. Manhart Ditch: i. Date Entered, Case No., Court, Amount, Appropriation Date:


Court Ralston Creek Priority No.


10/04/1884 6963 Arapahoe 1 08/31/1860 0.8 10/04/1884 6963 Arapahoe 7 06/20/1862 0.2 10/04/1884 6963 Arapahoe 10 06/30/1864 11.8

ii. Type of right: Surface. iii. Decreed point of diversion: On the north bank of Ralston Creek in the SW¼, Section 12, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. iv. Source: Ralston Creek. v. Decreed use: Irrigation. vi. Remarks: Applicant is the owner of 140.0 shares of the Manhart Ditch, of which 123.5 shares have been included in previous augmentation plans. The remaining 16.5 shares are the subject of this application. 4. Previous decrees for water rights to be used for augmentation and/or exchange: All of the water rights described in paragraphs 3(A) through 3(E) above, and the following water rights owned or controlled by Arvada: A. Nontributary Groundwater: i. Date Decrees Entered, Case Nos., Court: Applicant is the owner of various nontributary groundwater rights decreed on June 17, 1971 in Case No. W-229, on January 30, 1981, in Case No. W-8762-77, and on December 27, 1988, in Case Nos. 86CW202, 86CW203 and 86CW204, all District Court, Water Division No. 1. ii. Type of right: Nontributary groundwater. iii. Legal description of points of diversion: Applicant owns the right to withdraw nontributary groundwater underlying lands located generally in portions of


Section 31, Township 2 South, Range 68 West, Sections 25-36 Township 2 South, Range 69 West, Sections 6 and 7, Township 3 South, Range 68 West, and Sections 1-17 and 22, Township 3 South, Range 69 West, in Jefferson and Adams County. Applicant’s decreed well locations are described in the following table and depicted on attached EXHIBIT B.

Decreed Location Well No. Appropriation

Date 1/4 1/4 Section Township

__ South Range __West

1. 5/1912 SW SW 11 3 69 2. 1912 NE NW 14 3 69 3. 1946 NW NW 3 3 69 4. 1948 SW SW 11 3 69 5. 1950 SE NE 15 3 69 8. 4/17/1953 SE NW 11 3 69 9. 1953 NW NW 11 3 69 10. 1/1955 NW SE 11 3 69 11. 1/1955 NE SE 14 3 69 12. 4/1955 NE SE 22 3 69 13. 4/6/1955 SW SW 15 3 69 14. 5/28/1958 NW SE 12 3 69 15. 6/13/1958 NW SW 7 3 69 16. 10/14/1958 SE SE 3 2 69 17. 2/19/1959 SW SE 1 3 69 18. 10/9/1959 SE SW 6 3 69 19. 1957 NW SE 3 3 69 20a. 1953 SE NE 3 3 69 20b. 1955 SE NE 3 3 69 21. 5/25/1959 NE NW 14 3 69 22. 6/28/1960 NE SE 2 3 69 23. 10/1955 NE NE 34 2 69

iv. Source: Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers. v. Amount: Upper Arapahoe Aquifer: 2255 acre-feet/year. Lower Arapahoe Aquifer: 1514 acre-feet/year. Laramie-Fox Hills Aquifer: 2965 acre-feet/year. The above amounts from the Lower Arapahoe Aquifer and the Laramie-Fox Hills Aquifer are subject to adjustment in accordance with the retained jurisdiction provisions of the decrees in Case Nos. 86CW202, 86CW203, and 86CW204. In addition, amounts in excess of the above amounts may be withdrawn annually pursuant to the banking provisions of the above-referenced decrees. vi. Appropriation dates: The original wells have decreed appropriation dates as described above. All other wells: not applicable. vii. Decreed uses: All beneficial purposes, including, but not limited to, municipal, domestic, industrial, commercial, irrigation, stock watering, recreation, fish and wildlife uses, exchange, replacement of depletions and augmentation. B. Arvada Reservoir, also known as Blunn Lake: i. Date entered: April 18, 1977. ii. Case No.: W-7484-73. iii. Court: District Court, Water Division No. 1. iv. Type of right: Storage. v. Legal description of place of storage: The reservoir is located in Section 3 and the NW1/4 of Section 2, Township 3 South, Range70 West of the 6th P.M. and the SE¼ of Section 33, Township 2 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. The centerline of the dam is described as follows: Commencing at the NE Corner of Section 3, Township 3 South, Range 70 West of the 6th P.M., Jefferson County; thence at an angle to the right of 17°34'59" from the East line of said Section3,a distance of 200.75 feet to the True Point of Beginning; thence at a deflection angle to the right of 4°52'48", a distance of 1683.374 feet to a point of curvature; thence along a curve to the right, having a radius of 2585.813 feet, and delta of 26°07'37", a distance of 1179.134 feet to point of tangency; thence along the tangent of the before-described curve, a distance of 819.242 feet to the point of ending. vi. Source: Ralston Creek and Clear Creek. vii. Amount: 7,300 acre-feet. viii. Appropriation date: October 23, 1959. ix. Decreed uses: Municipal, irrigation, recreation and other beneficial uses. x. In addition, applicant owns certain other water rights diverting from Ralston and Clear Creeks


which may be stored in Arvada Reservoir, including, but not limited to, the water rights known as the Blunn Ranch water rights and the Tucker Lake water rights as decreed in Case Nos. W-8763-77, W-8764-77, 82CW358, 88CW217 and 96CW188 and those water rights decreed in Case Nos. W-8083-75, W-8762-77, 82CW359, 85CW409, 85CW410, 88CW105, and 96CW148. xi. The water rights described in this subparagraph are hereinafter referred to as “Arvada Reservoir Water Rights”. C. Arvada Reservoir Refill: i. Date entered: March 22, 2000. ii. Case No.: 97CW373. iii. Court: District Court, Water Division No. 1. iv. Type of right: Storage. v. Legal Description of place of storage: Same as Arvada Reservoir described above. vi. Source: Ralston Creek and Clear Creek. vii. Amount: 5,462 acre feet per year, from all sources for all decreed uses except reuse and successive use. 350 acre feet per year absolute and 5,112 acre feet per year conditional from Ralston Creek. 143.42 acre feet per year absolute and 5,318.58 acre feet per year conditional from Clear Creek. Reuse and successive use are limited to 4,915.8 acre feet per year from all sources, of which 4.8 acre feet per year is absolute and 4,911 acre feet per year is conditional. viii. Appropriation date: December 30, 1997. ix. Decreed uses: All municipal purposes including, without limitation, domestic, irrigation, commercial, industrial, manufacturing, fire fighting, aesthetic, recreational, fish and wildlife preservation and propagation, exchange, substitution, augmentation, replacement and recharge. Such use includes the right to make a fully consumptive first use of the water and the separate appropriation to reuse and successively use the water to extinction for the purposes described above. D.Tucker Lake: i. Date entered: Original decree entered October 4, 1884, for 455.9 acre feet (Reservoir Priority No. 2). Enlargement decreed on May 13, 1936, for 629.8 acre feet (Reservoir Priority No. 4). ii. Case Nos.: Original and C.A. 60052. iii. Court: District Court, 2nd Judicial District, Arapahoe County, and District Court, City and County of Denver iv. Type or right: Storage. v. Legal description of place of storage: The reservoir is located partly in S 1/2 SW1/4, Section 35, Township 2 South, Range 70 West of the 6th P.M., and partly in the N 1/2 NW 1/4, Section 2, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. vi. Source: Ralston Creek. vii. Amount: 1,085.7 acre feet. 633 acre feet per year are owned by applicant and have been changed for applicant’s uses as described below. viii. Appropriation Dates: June 1, 1869, for Priority No. 2 (266 acre feet owned by applicant). March 19, 1899, for Priority No. 4 (367 acre feet owned by applicant). ix. Decreed uses: Municipal, (including domestic, irrigation, commercial and industrial uses), recreational, fish and wildlife propagation and irrigation purposes. x. Arvada’s interest in Tucker Lake was changed to the uses described above by decrees entered in Case Nos. W-8764-77, 82CW358, 88CW217 and 96CW188, District Court, Water Division No. 1. The water rights described in this subparagraph are hereinafter referred to as “Tucker Lake Water Rights”. E. Highway 93 Lakes: i. Date entered: August 18, 1992. ii. Case No.: 89CW224. iii. Court: District Court, Water Division No. 1. iv. Type of right: Storage. v. Legal description of place of storage: Highway 93 Lakes is a series of lakes that will be created through the excavation of gravel. There will be no dams. Highway 93 Lakes will be located in the N1/2 and the N1/2 of the S1/2 of Section 34, Township 2 South, Range 70 West, of the 6th P.M. in Jefferson County, Colorado. vi. Source: Clear Creek, Leyden Creek, Coal Creek, Ralston Creek, and surface runoff from the tributary drainage areas of the lakes. vii. Amount: 6,000 acre feet cumulative from all sources, with the right to fill and refill, conditional, with the maximum annual diversion limited to 9,000 acre feet. viii. Appropriation date: December 14, 1989. ix. Uses: Municipal (including domestic, irrigation, commercial, industrial, manufacturing and firefighting), aesthetic, recreational (including fishing, fishery, boating and swimming), fish and wildlife propagation, irrigation and augmentation purposes. x. The water rights described in this subparagraph are hereinafter referred to as “Highway 93 Water Rights”. F. Arvada South Platte Reservoir: i. Date entered: n/a. ii. Case No.: 04CW326, application pending. iii. Court: District Court, Water Division No. 1. iv. Type of right: Storage. v. Legal description of place of storage: The Arvada South Platte Reservoir is an off-channel reservoir generally located on the north or west side of the South Platte River, east of McKay Road, in the S1/2 of Section 17, Township 2 South, Range 67 West, 6th P.M in Adams County, Colorado. The outlet of the reservoir is located in the NW1/4of the SE1/4 of Section 17, approximately 1,415 feet from the South section line and 3,110 feet from the West section line. vi. Source: Ground water tributary to the South Platte River. vii. Amount claimed: 1,226.76 acre feet conditional, plus 1,226.76 acre feet continuous refill, conditional. viii. Appropriation date claimed: February 7, 2000. ix. Proposed uses: All municipal purposes (including domestic, irrigation, commercial and industrial), recreational, fish and wildlife propagation, irrigation, augmentation, replacement, substitution and exchange. Such water may be used for replacement of out of priority depletions and maintenance of historic return flows required by Applicant’s existing augmentation plans and change of water


rights decreed in Case Nos. W-8083-75, W-8762-77, W-8763-77, 82CW359, 85CW409, 85CW410, 88CW105, 88CW217, 96CW148, and 96CW188, and any future plans for augmentation or changes of water rights decreed to Applicant. Such water may be fully consumed through Applicant’s first use, reuse, or successive use and disposition. x. The water rights described in this subparagraph are hereinafter referred to as “Arvada South Platte Reservoir Water Rights”. G. Farmers Reservoir and Irrigation Company (FRICO): Applicant proposes to use water associated with 15 shares of stock in the FRICO Standley Lake Division included in its pending change application in Case No. 2000CW235 as a source of augmentation in this case. Such water is decreed for diversion from Clear Creek, Ralston Creek, Leyden Creek, Coal Creek and Woman Creek, and will be released to Big Dry Creek from Standley Lake pursuant to the terms of the decree to be entered in Case No. 2000CW235. Standley Lake is located generally in Sections 16, 17, 20, 21, 22, 27, 28 and 29, T2S, R69W, 6th P.M. in Jefferson County. The decreed points of diversion are the headgate of the Croke Canal and Church Ditch described above. H. Sewage effluent available at the outfall of the Metro Wastewater Reclamation District Treatment Plant: Reusable water that is attributable to the subject water rights, Arvada Reservoir, Arvada Reservoir Refill, Tucker Lake, Highway 93 Lakes, Arvada South Platte Reservoir Water Rights, the nontributary ground water rights and Applicant’s FRICO shares described above. The Metro Treatment Plant outfall discharges to the South Platte River in Section 1, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado. I. In addition, other sources of replacement water can be provided to the replacement location required, at the time required, provided that the amount of credit for such other sources shall have been previously determined by a decree for a changed water right or plan for augmentation, except that municipal effluent attributable to water imported into the South Platte River Basin by a transmountain diversion will be credited, absent such decree, at 100% of its volume against return flow obligations. 5. Historic use: A. The water rights described in paragraph 3 have historically been used for irrigation on lands under the ditches to which they are decreed. A map showing the approximate location of the lands irrigated under each of the ditches and summaries of the State Engineer’s diversion records for each of the ditches are attached as EXHIBITS C and D, respectively. B. The water rights described in paragraph 4 (A)–(E) have historically been used for municipal, irrigation, recreation, and other beneficial uses within applicant's service area as shown on the map attached as EXHIBIT E. C. The water rights described in paragraphs 4(F) and (G) are the subject of pending applications in Water Court. Historic use of Applicant’s FRICO shares will be determined in Case No. 2000CW235. 6.Statement of the Plan for Augmentation Including Exchanges and Changes of Water Rights, covering all applicable matters under 37-92-103(9), 302(1)(2) and 305(8), C.R.S.: A. Applicant seeks approval of changes of water rights and a plan for augmentation to allow the diversion and storage of Arvada’s proportionate interest in the water rights described in paragraph 3 that are the subject of this application (the "subject water rights") at Arvada Reservoir, Tucker Lake, Highway 93 Lakes, Arvada South Platte Reservoir, the Croke Canal Clear Creek headgate, and the Croke Canal Ralston Creek headgate as alternate points of diversion and storage, in addition to the existing decreed points of diversion and storage, and to provide for the use of the subject water rights in Arvada’s municipal water supply system for municipal purposes (including domestic, irrigation, commercial and industrial), recreational, fish and wildlife propagation, irrigation, augmentation, replacement and exchange purposes, and all other beneficial uses. Arvada proposes to quantify the subject water rights, and divert or store them at alternate locations under terms and conditions similar to those approved in Arvada’s prior transfer decrees for these water rights in Case Nos. W-8083-75, W-8762-77, 82CW359, 85CW409, 85CW410, 88CW105, and 96CW148, except to the extent noted herein. B. Applicant seeks adjudication of appropriative rights of exchange on Clear Creek and Ralston Creek to exchange the subject water rights to Arvada Reservoir, Tucker Lake, Highway 93 Lakes, the Croke Canal Clear Creek headgate and the Croke Canal Ralston Creek headgate for the uses described in subparagraph A. above. Applicant seeks adjudication of an exchange on the South Platte River from the confluence of Big Dry Creek to Arvada South Platte Reservoir, and on the South Platte River, Clear Creek and Ralston Creek from Arvada South Platte Reservoir to the Croke Canal Clear Creek headgate or to Arvada Reservoir. C. The subject water rights will be utilized in applicant's system in the following manner: i. diverted at the Croke Canal Clear Creek headgate or the Croke Canal Ralston Creek headgate as alternate points of diversion or by exchange, and then exchanged or pumped to Arvada Reservoir, Tucker Lake, and Highway 93 Lakes, or ii. diverted at Arvada Reservoir as an alternate point of diversion or by exchange and stored in Arvada Reservoir, or exchanged or delivered to Tucker Lake or Highway 93 Lakes, or iii. diverted into Arvada’s South Platte Reservoir as an alternate point of diversion or place of storage by delivery down


stream or by diversion of reuseable return flows, or by exchange, or iv. used to replace historical return flows to the South Platte River system; or v. used directly to irrigate municipal parks, golf courses, landscaping, greenbelt or other regularly irrigated municipal land under the ditch to which the water right was originally decreed or in which it has been carried pursuant to a decreed change, provided notice is given to the Water Commissioner. D. The water to which applicant is entitled by ownership of the subject water rights will be stored in Arvada Reservoir or Arvada South Platte Reservoir pursuant to the use of the several alternate points of diversion and exchanges described below, in any combination. Any water initially stored in Arvada Reservoir may be exchanged or delivered to storage in Tucker Lake or Highway 93 Lakes. i. Clear Creek Croke Canal Alternate Point of Diversion/Exchange: Water to which applicant is entitled by its ownership of the subject water rights which divert from Clear Creek below the headgate of the Croke Canal will be diverted at the Croke Canal Clear Creek headgate. The maximum rate of diversion/exchange will be 7 cfs. ii. Ralston Creek Arvada Reservoir Alternate Point of Diversion/Exchange I: Water conveyed to Ralston Creek in the Croke Canal, the Church Ditch, the Farmers High Line Canal or the Reno-Juchem Ditch will be released to Ralston Creek and an equal amount will be stored in Arvada Reservoir. The maximum rate of diversion/exchange will be 27 cfs. iii. Ralston Creek Arvada Reservoir Alternate Point of Diversion/Exchange II: Water to which applicant is entitled by its ownership of the subject water rights which divert from Ralston Creek will be diverted at Arvada Reservoir. The maximum rate of diversion/exchange will be 3 cfs. iv. Ralston Creek Croke Canal Alternate Point of Diversion/Exchange: Water to which applicant is entitled by its ownership of the subject water rights which divert from Ralston Creek will be diverted at the Croke Canal Ralston Creek headgate. The maximum rate of diversion/exchange will be 3 cfs. v. Ralston Creek to Clear Creek Croke Canal Alternate Point of Diversion/Exchange: Water to which applicant is entitled by its ownership of the subject water rights which divert from Ralston Creek will be bypassed down Ralston Creek, delivered to Clear Creek at the confluence, and an equal amount will be diverted at the Croke Canal Clear Creek headgate. The maximum rate of diversion/exchange will be 3 cfs. vi. Clear Creek to Ralston Creek Arvada Reservoir Alternate Point of Diversion/Exchange: Water to which applicant is entitled by its ownership of the subject water rights which divert from Clear Creek will be bypassed down Clear Creek and delivered to the confluence of Ralston Creek and Clear Creek, and an equal amount of water will be diverted at Arvada Reservoir. The maximum rate of diversion/exchange will be 27 cfs. vii. Clear Creek to Ralston Creek Croke Canal Alternate Point of Diversion/Exchange: Water to which applicant is entitled by its ownership of the subject water rights which divert from Clear Creek will be bypassed down Clear Creek and delivered to the confluence of Ralston Creek and Clear Creek, and an equal amount of water will be diverted at the Croke Canal Ralston Creek headgate. The maximum rate of diversion/exchange will be 27 cfs. viii. Metro Wastewater Reclamation District Treatment Plant to Clear Creek Croke Canal or Ralston Creek Arvada Reservoir Exchange: Treated sewage effluent for which applicant is entitled to claim credit, pursuant to the augmentation plan described herein, and which effluent is in excess of the return flow obligations due at the outfall of the Metro Treatment Plant, will be released at the plant outfall and an equal amount of water will be diverted either at the Croke Canal Clear Creek headgate or at Arvada Reservoir. The maximum rate of exchange will be 12 cfs. ix. Ward Road Pond to Arvada Reservoir Exchange: Water from any of the subject Clear Creek or Ralston Creek water rights may be diverted into the Ward Road Pond, located in the NE1/4 of Section 20, Township 3 South, Range 69 West of the 6th P.M., Jefferson County. Water will subsequently be released to Clear Creek from Ward Road Pond and (1) exchanged up to the Croke Canal and stored in Arvada Reservoir, or (2) bypassed down Clear Creek and delivered to the confluence of Ralston Creek and Clear Creek and an equal amount of water diverted at Arvada Reservoir. The maximum rate of exchange will be 33 cfs. x. Arvada South Platte Reservoir Alternate Point of Diversion/Storage: Water to which applicant is entitled by its ownership of the subject water rights from all sources will be delivered downstream, including reuseable return flows at Metro, and an equal amount will be diverted and stored in Arvada South Platte Reservoir. Applicant may also exchange its FRICO water by delivering such water down Big Dry Creek, then exchanging from the confluence with Big Dry Creek up the South Platte River to Arvada South Platte Reservoir. The maximum rate of diversion from direct stream deliveries or by exchange will be 22 cfs. xi. Arvada South Platte Reservoir to Clear Creek Croke Canal or Ralston Creek Arvada Reservoir Exchange: Water to which applicant is entitled by its ownership of the subject water rights from all sources will be delivered to the South Platte River and an equal amount of water will be diverted either at the Croke Canal Clear Creek headgate or at Arvada Reservoir. The maximum rate of exchange will be 12 cfs. E. Applicant claims an appropriation date of June 29, 1996, for the


exchanges. Applicant will make diversions at the alternate points of diversion and at the exchange-to-points at the rate water is legally available to the subject water rights at the originally decreed points of diversion, not to exceed the maximum rates set forth above. F. To the extent the subject water rights are stored in Arvada Reservoir, Tucker Lake, or Highway 93 Lakes, they will be: i. treated at the Arvada Water Treatment Plant and distributed for use within Arvada’s service area; or ii. released to Ralston Creek or to Clear Creek to replace historical return flows to the South Platte River system; or iii. released to Ralston Creek or to Clear Creek and down the South Platte River for diversion and storage in Arvada South Platte Reservoir, or iv. used for any other decreed purposes. G. Applicant will divert under the subject water rights the amount of water which was diverted for the historical uses of said water rights, and will replace the return flows which historically would have occurred at the place and time and in the amounts they would have occurred had the use not been changed, to the extent necessary to prevent injury to other water users. These return flow obligations will either be met simultaneously with the diversions on which they are based or within 24 hours after the diversions on which they are based. If this water is used for continued irrigation under the original ditch systems, no return flow obligation shall be incurred. H. The sources of water to meet Applicant's return flow obligations shall be any of the following: i. The subject water rights themselves by either: a. releasing, at the time of diversion, the return flow obligation portion of the diversion from an augmentation station into the stream to which the obligation is due; or b. releasing water diverted under the subject water rights and for which the return flow obligations have been timely replaced from any point to which said water has been transported, including but not limited to the augmentation station at the diverting ditch headgate, augmentation stations at other points on the diverting ditch, releases from Arvada Reservoir, Tucker Lake, Highway 93 Lakes, Arvada South Platte Reservoir, Ward Road Pond, or any other point to which the water has been diverted, stored, exchanged or pumped. ii. The Arvada Reservoir, Arvada Reservoir Refill, Tucker Lake, Highway 93 Lakes, and Arvada South Platte Reservoir Water Rights described in paragraph 4 by release from such structures. iii. Arvada’s FRICO water by release from Standley Lake or the Croke Canal. iv. Arvada’s nontributary groundwater rights described in paragraph 4 by pumping water from Applicant’s wells indirectly to the South Platte River (see subparagraph (iv) below), or by pumping water directly to Clear Creek or its tributaries. v. Sewage effluent available at the outfall of the Metro Treatment Plant which is attributable to water diverted under the subject water rights, the Arvada Reservoir, Arvada Reservoir Refill, Tucker Lake, Highway 93 Lakes, Arvada South Platte Reservoir, or Arvada’s FRICO Water Rights, or the nontributary groundwater rights. vi. Other sources of replacement water which can be provided to the replacement location required, at the time required, provided that the amount of credit for such other sources shall have been previously determined by a decree for a changed water right or plan for augmentation, except that municipal effluent attributable to water imported into the South Platte River Basin by a transmountain diversion will be credited, absent such decree, at 100% of its volume against return flow obligations. 7. Names and addresses of owners of land on which structures are located: Upon information and belief, the names and addresses of the owners of the land on which the structures are located are as follows: A. Arvada Reservoir, Arvada South Platte Reservoir, Highway 93 Lakes, Ward Road Pond, Croke Canal Ralston Creek headgate, and the Nontributary Wells are owned by applicant. B. Croke Canal and Standley Lake are owned by: Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, Colorado 80601 C. Farmers High Line Canal is owned by: Farmers High Line Canal and Reservoir Company 725 Malley Drive Northglenn, Colorado 80233 D. Church Ditch is owned by: Church Ditch Water Authority c/o City of Northglenn 11701 Community Center Drive Northglenn, Colorado 80233 E. Reno-Juchem Ditch is owned by: Consolidated Juchem Ditch and Reservoir Co. c/o Bart Grange, Secretary 7045 West 61st Avenue Arvada, Colorado 80003 F. Slough Ditches are owned or operated by: Bayou Ditch Association 4515 Robb Street Wheat Ridge, CO 80033 G. Manhart Ditch is owned by: Manhart Ditch Company c/o City of Westminster Bob Krugmire, Secretary 4800 W. 92nd Avenue Westminster, CO 80031 H. Metro Treatment Plant is owned by: Metro Wastewater Reclamation District 6450 York Street Denver, Colorado 80229-7499 I. Tucker Lake is owned by: Denver-View Reservoir and Irrigation Company P.O. Box 8101 Arvada, CO 80001-8101 J. Oberon Ditch is owned by: Oberon Water Co. P.O. Box 201 Arvada, CO 80001 WHEREFORE, Applicant prays that the Court enter a decree approving applicant's plan for augmentation, including exchanges and changes of water rights. 1 No pro rata interest because the priorities are the H.R. Brown contract held entirely by Westminster and changed to municipal use in Case No. W-8743, Water Division 1. 2 Held entirely by applicant and included in previous augmentation plans.


2005CW113 MARGUERITTE K. NAUGHTON TRUST AND MKN, L.L.C. Stephen C. Larson, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304, (303) 442-1900, (303) 442-0191 (fax), APPLICATION FOR DETERMINATION OF UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY WATER RIGHTS IN THE DENVER BASIN AQUIFERS, IN ELBERT COUNTY. . 1. Name and address of Applicants: Margueritte K. Naughton Trust and MKN, L.L.C., c/o Mike Naughton, 150 South Havana, Aurora, CO 80012. [email protected]. APPLICATION FOR DENVER BASIN WATER RIGHTS 2. General Description: Applicants own two contiguous parcels in Elbert County, Colorado, containing approximately 1,297 acres in the aggregate (collectively referred to as the “Naughton Property”), and the Denver Basin water rights underlying these two contiguous parcels. In 1996, the Denver Basin water underlying one of these parcels, which is known as the Phillips parcel, was quantified and decreed in Case No. 95CW124, District Court, Water Division No. 1 (the “Phillips Decree”). To date, none of the Denver Basin water quantified in the Phillips Decree has been withdrawn. In this application, Applicants seek (1) to quantify and decree the amount of Denver Basin water available from the other contiguous parcel that is part of the Naughton Property, which other parcel is known as the Godley parcel; (2) to decree the Naughton Property as one common well field parcel for the withdrawal of the Denver Basin water (a) as quantified herein relative to the Godley parcel and (b) as quantified in the Phillips Decree relative to the Phillips parcel; and (3) pursuant to the water banking provisions of Rule 8.A. of the Statewide Nontributary Groundwater Rules, to decree the ability to withdraw more than the estimated average annual amount in each aquifer underlying the Naughton Property. 3. Legal Description of Wells and Subject Property: The Naughton Property consists of two contiguous parcels that are owned by the Applicants and overlie the Denver Basin aquifers-- the Phillips parcel to the North, and the Godley parcel to the South, which parcels share a North/South border, as depicted on Exhibit A. (A) Phillips Parcel: Applicants own approximately 377 acres of land located in part of the E½ of Section 18 and NE¼ of Section 19, Township 8 South, Range 64 West of the 6th P.M. in Elbert County (the “the Phillips Parcel”), as more particularly described in the attached Exhibit B. As noted previously, Applicants have already obtained a decree quantifying the available amount of Denver Basin water underlying the Phillips Parcel, in Case No. 95CW124, but seek in this case to decree the entire Naughton Property, which is comprised of the Phillips Parcel and the adjacent Godley parcel to the South, as a common well field parcel for withdrawing this water. (B) Godley Parcel: Applicants also own approximately 920 acres of land, adjacent to the Phillips Parcel, located in the SW¼ SW¼ of Section 20, the NW¼ NW¼ of Section 29, S½ of Section 19, NW¼ NW¼, S½ NW¼ of Section 29, and all of Section 30, Township 8 South, Range 64 West of the 6th P.M. in Elbert County (the “the Godley Parcel”), as more particularly described in the attached Exhibit C. In this application, Applicants seek to decree the available amount of Denver Basin water underlying the Godley Parcel, and to decree the entire Naughton Property, which is comprised of the Godley parcel and the adjacent Phillips Parcel to the North, as a common well field parcel for withdrawing this water. 4. Existing Wells: There are not any Denver Basin wells permitted or existing on the Naughton Property. 5. Well Permits: Well permits for the wells to be installed pursuant to this application and subsequent decree (as well as the Phillips Decree) will be obtained prior to drilling wells into the Denver Basin aquifers. 6. Source of Water Rights: (A) The groundwater from the Upper Dawson Aquifer underlying the Naughton Property is not-nontributary groundwater as described in § 37-90-103(10.7), C.R.S. Consistent with the Upper Dawson water decreed under the Phillips Decree, and as otherwise required by statute as to the Upper Dawson water adjudicated pursuant to this application (underlying the Godley Parcel), Applicants shall not withdraw any such not-nontributary water until a plan for augmentation is decreed permitting the same. (B) Consistent with the Phillips Decree as to the water underlying the Phillips Parcel, and as defined in § 37-90-103(10.5), C.R.S., as to the water adjudicated pursuant to this application (underlying the Godley Parcel), the groundwater that will be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Naughton Property is nontributary groundwater. Applicants shall relinquish to the stream system two percent (2%) of all such nontributary water withdrawn on an annual basis. 7. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the groundwater at rates of flow necessary to withdraw the entire amount permitted under the Phillips Decree, plus the entire amount underlying the Godley Parcel as decreed herein. Applicants will withdraw all of the groundwater in all aquifers on both parcels through wells to be located anywhere on the


Naughton Property. Said amounts may be (a) withdrawn over the 100-year life of the aquifers as set forth in §37-90-137(4), C.R.S.; (b) withdrawn over a longer time based upon actual withdrawal or local government regulations; or (c) Applicants may withdraw more than the average annual amount otherwise available for withdrawal in each aquifer, pursuant to the “banking” provisions of the Phillips Decree as to the Phillips Parcel water, and Rule 8A of the Statewide Nontributary Groundwater Rules (2 C.C.R. 402-7.f), as to the Godley Parcel. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Phillips Decree as to the Phillips Parcel water, and are based upon the Denver Basin Rules, 2 C.C.R. 402-6 as to the Godley Parcel. Applicants estimate that the following values and average annual amounts are representative of the aquifers underlying the Naughton Property (actual depths subject to on-site conditions at the time the wells are installed): (A) Godley Parcel:

Aquifer Overlying Land

(acres)

Saturated Sand Thickness

(feet)

Specific Yield

(percentage)

Type Annual Withdrawal

(af/yr) Upper Dawson 920 150 0.20 NNT 275.3 Lower Dawson 920 109 0.20 NT 201.3

Denver 920 260 0.17 NT 406.6 Arapahoe 920 215 0.17 NT 336.3

Laramie-Fox Hills

920 235 0.15 NT 324.9

Total Not-Nontributary (NNT): 275.3 Total Nontributary (NT): 1269.0

Total: 1544.3 B. Phillips Parcel (as Decreed in 95CW124):


(acres)

Saturated Sand

Thickness (feet)

Specific Yield

(percentage)


(af/yr)

Upper Dawson 362.4 140 0.20 NNT 102 Lower Dawson 377.4 110 0.20 NT 83

Denver 377.4 235 0.17 NT 151 Arapahoe 373.7 215 0.17 NT 137

Laramie-Fox Hills

377.4 235 0.15 NT 133

Total Not-Nontributary (NNT): 102 Total Nontributary (NT): 504

Total: 606 C. Naughton Property (the combined Godley and Phillips parcels):


(acres)

Saturated Sand

Thickness (feet)

Specific Yield

(percentage)


(af/yr)

Upper Dawson 1282.0 n/a 0.20 NNT 377.3 Lower Dawson 1297.4 n/a 0.20 NT 284.3

Denver 1297.4 n/a 0.17 NT 557.6 Arapahoe 1293.7 n/a 0.17 NT 473.3

Laramie-Fox Hills

1297.4 n/a 0.15 NT 457.9

Total Not-Nontributary (NNT): 377.3 Total Nontributary (NT): 1773.0


Total: 2150.3 8. Well Fields: As noted above, the Naughton Property is comprised of the contiguous Godley and Phillips parcels. Pursuant to Rule 11.B of the Statewide Nontributary Groundwater Rules (2 C.C.R. 402-7), Applicants request the right to have the contiguous parcels considered together as one common well field parcel so that Applicants have the right to withdraw all of the physically and legally available Denver Basin water underlying the Naughton Property through wells located anywhere on either or both the Godley and Phillips parcels. Applicants will obtain permits from the State Engineer pursuant to § 37-90-137(10), C.R.S. prior to the construction of any wells. 9. Proposed Uses: Pursuant to the Phillips Decree the Denver Basin water underlying the Phillips Parcel may be used for the following beneficial purposes, which are the same uses sought to be decreed for the Denver Basin water underlying the Godley Parcel herein: recreational, domestic, municipal, industrial, commercial, irrigation, livestock watering, fish and wildlife, fire protection, augmentation replacement, and exchange. The water may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit for all return flows resulting from the use of such water for augmentation of, or as an offset against, any out-of-priority depletions subject to § 37-82-106, C.R.S. The water will be used, reused, successively used to extinction subject to return of 2% of the withdrawals, pursuant to Rule 8 of the Denver Basin Rules, and/or after use leased, sold, or otherwise disposed of for all of the above uses. 10. Retained Jurisdiction: Pursuant to §37-92-304(11), C.R.S., the Applicants request that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. 11. Remarks: Pursuant to the terms of the Phillips Decree as to the Phillips Parcel water and § 37-92-305(11) as to the Godley Parcel water, Applicants request that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer underneath the Naughton Property based on actual aquifer characteristics, at any time after such data becomes available to Applicants. (A) Applicants seek a determination that all of the Denver Basin groundwater underneath the Naughton Property may be withdrawn and used subject to the terms and conditions included in the decree ultimately entered in this case with respect to the Godley Parcel. The decree previously entered in Case No. 95CW124 with respect to the Phillips Parcel, shall not be modified and is intended to be incorporated herein, except with respect to the determination that the entire Naughton Property shall constitute one well field parcel for the withdrawal of such water. (B) Applicants seek a determination that the contiguous Godley and Phillips parcels be considered as a common well field parcel, and that Applicants have the right to withdraw all of the physically and legally available groundwater in all Denver Basin aquifers underlying the entire Naughton Property through wells located anywhere on either or both the Godley and Phillips parcels. (C) Applicants claim the right to withdraw more than the average annual amount in each aquifer estimated in this application, pursuant to the “banking” provisions of the Phillips Decree and Rule 8A of the Statewide Nontributary Groundwater Rules (2 C.C.R. 402-7.f). (D) Although Applicants have estimated the amount of water available from the Denver Basin aquifers, Applicants request the right to revise the estimates upward or downward, in any final decree based on revised data, without the necessity of amending this Application or republishing the same. (E) Applicants waive any 600 foot spacing rules as described in § 37-90-137(2), C.R.S., as between all wells located on the Naughton Property. WHEREFORE, Applicants pray that this Court enter a Decree as follows: (i) 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; (ii) specifically finding that the water underlying the Godley Parcel in the Upper Dawson Aquifer is Not-nontributary pursuant to § 37-90-103 (10.7) and the water underlying the Godley Parcel in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifer is nontributary pursuant to§ 37-90-103 (10.5); (iii) specifically determining that Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained pursuant to §37-92-305(11), C.R.S. and Denver Basin Rule 9.A; (iv) vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein; (v) Applicants’ contiguous parcels will be considered as a common well field parcel pursuant to Rule 11.B of the Statewide Nontributary Groundwater Rules (2 C.C.R. 402-7); and, (vi) Applicants shall be allowed to withdraw more than the average annual amount in each aquifer estimated in this application, pursuant to the “banking” provisions of the Phillips Decree and Rule 8A of the Statewide Nontributary Groundwater Rules (2 C.C.R. 402-


7.f), for any previously decreed water rights have gone or may go unused. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 2005CW114 THE AGRICULTURAL DITCH AND RESERVOIR COMPANY and THE GOLDEN CANAL AND RESERVOIR COMPANY. APPLICATION FOR CHANGE OF WATER RIGHTS, IN JEFFERSON COUNTY. 1. Name, address, and telephone number of Applicants: The Agricultural Ditch and Reservoir Company, The Golden Canal and Reservoir Company, 2130 Kipling Street, Lakewood, CO 80215, (303) 987-2166. In this application, The Agricultural Ditch and Reservoir Company is referred to as “ADRC,” The Golden Canal and Reservoir Company is referred to as “GCRC,” and the two are referred to together as “the Companies” or “Applicants.” through their attorneys: COCKRELL, QUINN & CREIGHTON, Richard M. Foster, Jr. Atty. Reg. #9726, 1700 Broadway, Suite 1516 Denver, CO 80290, Telephone: (303) 860-7140, Facsimile: (303) 860-7344 and PETROCK & FENDEL, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Carmen S. Hall, Atty. Reg. #19985, 700 17the Street, Suite 1800, Denver, CO 80202, Telephone (303) 534-0702, Facsimile (303) 534-0310. 2. Structures. A. Welch Ditch, also known as the Golden Canal, or Golden Ditch. The headgate of the Welch Ditch is located on the southeast bank of Clear Creek, at a point whence the quarter corner in the south boundary line of Section 32, Township 3 South, Range 70 West, 6th p.m., Jefferson County, State of Colorado, bears south 28 degrees, east 900 feet. B. Agricultural Ditch. The headgate of the Agricultural Ditch is located on the south bank of Clear Creek in the City of Golden, in the southwest quarter, Section. 27, Township 3 South, Range 70 West, 6th p.m., Jefferson County, State of Colorado. 3. Water Rights To Be Changed. Main Reservoir, East Reservoir, and Smith Reservoir are collectively known as the “Midway Reservoirs.” The storage rights were decreed in Case No. 60052, District Court, City and County of Denver, on May 13, 1936, except as otherwise noted: A. Main Reservoir, located in Sections 16 and 21, Township 4 South, Range 69 West, 6th p.m., Jefferson County, State of Colorado.

Reservoir Priority Priority Date Amount 70 Feb. 1901 606.51 acre-feet

B. East Reservoir, located in Sections 21 and 22, Township 4 South, Range 69 West, 6th p.m., Jefferson County, State of Colorado. Reservoir Priority Priority Date Amount 71 Feb. 1901 102.02 acre-feet The original decree for East Reservoir was for 195.27 acre feet. In Case No. W-9280-78, issued May 13, 1981, District Court, Water Division 1, the place of storage of 93.25 acre-feet of Reservoir Priority No. 71 was changed from East Reservoir to Smith Reservoir, leaving 102.02 acre feet for storage in East Reservoir. C. Smith Reservoir, located in Section 21, Township 4 South, Range 69 West, 6th p.m., Jefferson County, State of Colorado. Reservoir Priority Priority Date Amount 71 Feb. 1901 93.25 acre feet 86 Sept. 29, 1906 292.79 acre-feet September 16, 1940 182.92 acre feet The September 16, 1940 priority for Smith Reservoir was decreed in Case No. W-9278-78, issued May 13, 1981, District Court, Water Division 1. D. The source for the three reservoirs is Clear Creek. (Smith Reservoir is also filled from Bear Creek. The Bear Creek right is not changed by this application.) The maximum diversion rate for storage in the Midway Reservoirs is 24 cfs. All of the above rights were originally decreed for storage of water for irrigation purposes and as a regulating and expanding basin for water decreed to Applicants under direct irrigation rights, which flow through said reservoirs as a portion of Applicants’ distributing system. The headgate of the Welch Ditch is the decreed point of diversion for all three reservoirs. 4. The Welch Ditch is owned GCRC. GCRC is owned by ADRC. The extension of the Welch Ditch that fills the Midway Reservoirs is known as the Agricultural Reservoir Ditch. The Agricultural Reservoir Ditch is owned by ADRC. Description of Requested Change of Water Rights. A. New Alternate Point of Diversion. The headgate of the Agricultural Ditch. B. No change in use, place of use, type of use, or place of storage is requested herein. The ADRC is a mutual ditch company which, inter alia, owns and operates the Agricultural Ditch to deliver water to its shareholders. Some


shareholders have changed the use of their ADRC rights, including the rights subject to this application. Nothing in this application changes or modifies those decrees, except for permitting use of the new alternate point of diversion. Water diverted into the Agricultural Ditch will be pumped from the ditch for storage in the Midway Reservoirs. 6. Owners of Land on Which the Headgates are Located. A. Welch Ditch – The Golden Canal and Reservoir Company, Jefferson County Open Space Department700 Jefferson County Parkway, Golden, Colorado 80401, B. Agricultural Ditch – The Agricultural Ditch and Reservoir Company, Coors Brewing Company, W. 32nd Ave., Golden, Colorado 80401, 7. The following documents are filed with this application and are available from the Water Clerk, or from counsel for the Applicants: A. Map showing alternate points of diversion, subject reservoirs, and location of historical use. 8. Applicants request a ruling authorizing use of the Main, East, and Smith Reservoir storage rights through the new alternate point of diversion, and for a finding that the change requested herein will not injuriously affect other owners or users of vested or decreed conditional water rights, and for such other and further relief as is warranted. 2005CW115 SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT, P.O. Box 597, Commerce City, CO 80037-0597 ((303) 288-2646) (David L. Harrison, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306). APPLICATION FOR UNDERGROUND WATER RIGHTS AND FOR ADDITION OF WELLS TO PLAN FOR AUGMENTATION. IN ADAMS COUNTY. UNDERGROUND WATER RIGHT: 2. Names of wells: Well Nos. 113 through 129. 3. Legal descriptions: The location of each well is described as follows and a map showing the location of each well is attached to the application.

Name of Well

Location

Well No. 113

NW1/4 NW1/4, Section 3, T2S, R67W of the 6th P.M., at a point 1,200 feet from the north line and 100 feet from the west line of said Section 3.

Well No. 114

NE1/4 NE1/4, Section 4, T2S, R67W of the 6th P.M., at a point 1,200 feet from the north line and 900 feet from the east line of said Section 4.

Well No. 115

NW1/4 NE1/4, Section 4 ,T2S, R67W of the 6th P.M., at a point 1,000 feet from the north line and 1,900 feet from the east line of said Section 4.

Well No. 116

SW1/4 NE1/4, Section 4, T2S, R67W of the 6th P.M., at a point 2,300 feet from the north line and 1,400 feet from the east line of said Section 4.

Well No. 117

NW1/4 SE1/4, Section 4, T2S, R67W of the 6th P.M., at a point 2,500 feet from the south line and 2,200 feet from the east line of said Section 4.

Well No. 118

NE1/4 SE1/4, Section 17, T2S, R67W of the 6th P.M., at a point 2,150 feet from the south line and 300 feet from the east line of said Section 17.

Well No. 119

SW1/4 SE1/4, Section 17, T2S, R67W of the 6th P.M., at a point 1,150 feet from the north line and 1,400 feet from the east line of said Section 17.

Well No. 120

NE1/4 NW1/4, Section 3, T2S, R67W of the 6th P.M., at a point 400 feet from the north line and 1,900 feet from the west line of said Section 3.

Well No. 121

NW1/4 NW1/4, Section 3, T2S, R67W of the 6th P.M., at a point 500 feet from the north line and 900 feet from the west line of said Section 3.

Well No. 122

SE1/4 SW1/4, Section 4, T2S, R67W of the 6th P.M., at a point 1,100 feet from the south line of 1,800 feet from the west line of said Section 4.


Name of Well

Location

Well No. 123 SE1/4 SW1/4, Section 4, T2S, R67W of the 6th P.M., at a point 200 feet from the south line and 1,400 feet from the west line of said Section 4.

Well No. 124

SW1/4 NW1/4, Section 9, T2S, R67W of the 6th P.M., at a point 1,800 feet from the north line and 1,200 feet from the west line of said Section 9.

Well No. 125

NW1/4 SW1/4, Section 9, T2S, R67W of the 6th P.M., at a point 2,600 feet from the south line and 800 feet from the west line of said Section 9.

Well No. 126

SW1/4 SW1/4, Section 9, T2S, R67W of the 6th P.M., at a point 900 feet from the south line and 200 feet from the west line of said Section 9.

Well No. 127

NW1/4 NW1/4, Section 16, T2S, R67W of the 6th P.M., at a point 100 feet from the north line and 300 feet from the west line of said Section 16.

Well No. 128

NW1/4 NW1/4, Section 16, T2S, R67W of the 6th P.M., at a point 1,100 feet from the north line and 350 feet from the west line of said Section 16.

Well No. 129

SW1/4 NW1/4, Section 16, T2S, R67W of the 6th P.M., at a point 2,000 feet from the north line and 50 feet from the west line of said Section 16.

4. Source: Alluvial groundwater tributary to the South Platte River. 5. Depth: 50 feet. 6. Date of initial appropriation: May 11, 2005. 7. How appropriation was initiated: By resolution of the Board of Directors of South Adams County Water and Sanitation District on May 11, 2005, together with groundwater model and hydrogeologic analysis by consultants during April 2005, field investigation by staff and consultants on May 20, 2005, and staking of well site locations on May 27, 2005. 8. Amount claimed: 1,500 gpm for each well. 9. Proposed use: Municipal water supply for South Adams County Water and Sanitation District for domestic, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife preservation and propagation and all other beneficial municipal uses of said District. 10. Name and address of owner of land on which wells are located: Well Nos. 113, 114, 115, 116, 117, 119, 120, 121, 122, 123 and 124: South Adams County Water and Sanitation District, P.O. Box 597, Commerce City, CO 80037-0597. Well No. 118: Fulton Irrigating Ditch Company, c/o Brice Steele, 25 South Four Avenue, Brighton, CO 80601-2029. Well Nos. 125, 126, 127, 128 and 129: Camas Colorado, Inc., 3605 So. Teller Street, Lakewood, CO 80235. ADDITION OF WELLS TO PLAN FOR AUGMENTATION: Applicant seeks to add SACWSD Well Nos. 113 through 129 to the plan for augmentation including exchange decreed by this Court in Case No. W-8440-76, as amended by Case Nos. W-8440-76A, W-8440-76C, W-8440-76D, 97CW353 and pending in this Court in Case No. 01CW258 (collectively referred to as ASACWSD=s augmentation plan@). Copies of the decrees for this augmentation plan are available at the office of the undersigned attorneys for applicant; copies of the application and draft decree in Case No. 01CW258 are also available at the office of the undersigned attorneys. 11. Names of structures to be augmented: Well Nos. 113 through 129 described above. 12. Water rights to be used for augmentation: All those water rights listed in the decrees and application described above. 13. Statement of plan for augmentation: The decree in Case No. W-8440-76, as amended, specifically provides for the inclusion of additional wells in the decreed plan for augmentation including exchange. Decretal paragraph 11 provides: AIn addition to the continuing jurisdiction retained herein pursuant to decretal paragraph 10, supra, this Court shall also retain continuing jurisdiction herein which may be invoked by applicant . . . . for the purpose of expanding the aforedescribed plan for augmentation by including therein additional alluvial wells . . . , with the terms and conditions of such expanded plan to be determined pursuant to such continuing jurisdiction.@ The Court has approved the expansion of applicant's

May 2005 Resume of 44

augmentation plan to include additional augmentation sources, additional alluvial wells or both in Case Nos. W-8440-76A, W-8440-76C, W-8440-76D, and 97CW353. In accordance with the Court's order in Case No. W-8440-76D, applicant has filed this proposed expansion to its plan for augmentation under a new application bearing a new and separate case number. Applicant's augmentation supplies are sufficient to replace the depletions caused by the pumping of Wells 113 through 129 and no injury will result from the inclusion of said well in SACWSD's augmentation plan or from the pumping of said well so long as out-of-priority depletions attributable to such pumping are augmented pursuant to SACWSD's augmentation plan. Therefore, applicant seeks a determination by the Court that Well Nos. 113 through 129 are entitled to divert out-of-priority pursuant to SACWSD's augmentation plan. (8 pages including map.) 05CW116 and 05CW117 – Filed in June 2005. See the June 2005 resume. 05CW118 Cynthia L. Erker, 2550 Winding River Drive, Unit M3, Broomfield, CO 80020 and Michael G. Erker, 16442 Road 18.5, Fort Morgan, CO 80701. (c/o James S. Witwer, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, CO 80203 (303) 861-1963. Application for Finding of Reasonable Diligence, IN MORGAN COUNTY. 2. Name of Structure: Erker Gravel Pit, Well Permit No. 041863-F, Mine (Gravel Pit) Permit No. M-85-200. 3. Description of conditional water right:

a. Date of original decree: January 28, 1993, Case No. 87CW011, District Court, Water Division 1; Location: That part of the N1/2 NW1/4 SW1/4 of Section 33, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado, described as commencing at a point on the North line of said N1/2 NW1/4 SW1/4 from which the W1/4 corner of said Section 33 bears N89º00’W at 570.0 feet; thence S89º00’E along the North line of said N1/2NW1/4 SW1/4 753.0 feet to the NE corner of said NW1/4 SW1/4; thence S47º00’W 550.0 feet; thence S79º22’W 485.0 feet; thence N14º46’E 494.1 feet to the point of beginning containing in all 5.76 acres more or less, AND that part of the S1/2S1/2 S1/2 NW1/4 of Section 33, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado, described as commencing at a point on the South line of said S1/2 S1/2 S1/2 NW1/4 from which the W1/4 corner of said Section 33 bears N89º00’W at 570.0 feet; thence S89º00’E along the South line of said S1/2 S1/2 S1/2 NW1/4 753.0 feet to the SE corner of said S1/2 S1/2 S1/2 NW1/4; thence N00º20’E along the East line of said S1/2 S1/2 S1/2 NW1/4 200.0 feet; thence N89º00’W and parallel to said South line 701.7 feet; thence S14º46’W 205.9 feet to the point of beginning containing in all 3.39 acres more of less. Total acreage of both parcels equals 9.15 acres.

b. Source: South Platte River and its tributaries. c. Appropriation Date: January 27, 1987

Amount: 17 acre-feet, absolute, for piscatorial and recreation purposes; and 3.1 acre-feet, absolute, and 13.9 acre-feet, conditional, for the beneficial use of the extraction of sand and gravel; as decreed in Case No. 98CW437 on May 27, 1999. 4. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: The decree entered in Case No. 87CW011 included a plan for augmentation to replace out-of-priority depletions to the South Platte River system caused by surface evaporation associated with Applicants’ gravel pit and water lost in the removal of material, and set forth the formula to determine the Applicants’ replacement obligation. During the diligence period, Applicants replaced such depletions in accordance with plan requirements, and submitted plan accounting to the Division Engineer. During a portion of the diligence period, Applicants leased their gravel pit to a third party for sand and gravel mining. Applicants’ mining lessee (Morgan County) later indicated that it did not wish to continue mining of sand and gravel from the Applicants’ gravel pit. Accordingly, during the diligence period Applicants negotiated with their lessee concerning the transfer of the pit reclamation obligation back to Applicants, negotiated with another potential lessee, successfully applied to transfer ownership of the gravel mine permit back to Applicants, and posted the necessary financial warranty to allow continuation of mining operations under the transferred permit. Annual mine permit fees were also


paid during every year of the diligence period. Due to issues surrounding the gravel mining lease and the transfer of the mine permit to Applicants, they were not able to put additional amounts of the conditional portion of their water right to beneficial use during the diligence period, but have maintained the legal right to do so in the future. WHEREFORE, Applicants request that the Court find that Applicants have exercised reasonable diligence in completing the appropriation for the beneficial use of the extraction of sand and gravel described herein. AMENDED APPLICATIONS 2002CW298 U.S. DEPARTMENT OF THE INTERIOR, FISH AND WILDLIFE SERVICE, c/o James J. DuBois, Esq., U.S. Dept. of Justice, 999 18th St., Suite 945, Denver, CO 80202. AMENDED APPLICATION FOR APPROVAL OF CONDITIONAL UNDERGROUND WATER RIGHT AND PLAN FOR AUGMENTATION, IN LARIMER COUNTY. Name, address, and telephone number of applicant: U.S. Department of the Interior, Fish and Wildlife Service, P.O. Box 25486 Denver Federal Center, Denver, CO 80225, Telephone (303) 236-5321- FIRST CLAIM UNDERGROUND WATER RIGHT Name of well, and permit or denial number: The Black-footed Ferret Conservation Center Well, Well Permit No. 056777-F-R. Legal description of the wells: The location may include UTM coordinates based on Zone 13 and NAD27(CONUS) datum. In urban areas, include street address, lot, block, and subdivision: The well will be located in NW1/4 SE1/4 Section 1, Township 10 North, Range 68 West, 6th P.M., Larimer County, 2696 feet from the North section line and 2902 feet from the West section line. Source: Fractured aquifer, tributary to Cache la Poudre River and Platte River systems. Depth: 800 feet.. Date of appropriation: October 29, 2001 How appropriation was initiated: Well Permit No. 056777-F was approved. Date water applied to beneficial use: October 6, 2003. Amounts claimed: 20 gpm up to 2 acre-feet Use or proposed use: Domestic purposes and miscellaneous uses associated with the operation of the Black-footed Ferret Conservation Center. Name and address of owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Same as applicant. Remarks: The Black-footed Ferret Conservation Center’s primary purpose is to produce ferrets for reintroduction and reestablishment of wild populations in order to promote recovery of this endangered species. The Fish and Wildlife Service has designed and constructed several buildings for maintenance, breeding, quarantine, administration, and a caretaker's residence, as well as 50-100 outdoor pens for breeding and preconditioning of Black-footed ferrets. The holding building, quarantine building, caretaker's residence and 48 outdoor pens have been completed and the propagation building is under construction. A groundwater well was drilled in 2003 but the water was non-potable. A replacement well is being drilled under Permit No. 056777-F-R and the first well will be plugged and abandoned. The new well will be pumped at a maximum of 20 gallons per minute to supply water for domestic use in the building and caretaker’s residence, for washing the ferret pens, and for other miscellaneous purposes. Annual use will not exceed 2 acre-feet. SECOND CLAIM - PLAN FOR AUGMENTATION Name of the structures to be augmented: Black-footed Ferret Conservation Center Well, Previous decrees for water rights to be used for augmentation: Name of structures: Mountain Supply Reservoir No. 20 refill; Mountain Supply Reservoir No. 20 enlargement, a./k/a Cameron Pass Reservoir, a/k/a Joe Wright Reservoir. Date entered:May 12, 1986 Case No.:Case No. 82CW412 (W-128 and W-1424), Water Division No. 1 Type of water right: Storage. Legal description of point(s) of diversion or place of storage: The location may include UTM coordinates based on Zone 13 and NAD27(CONUS) datum. In urban areas, include street address, lot, block, and subdivision: Joe Wright Reservoir is located in Section 24 and Section 25, Township 7 North, Range 76 West, 6th PM, Larimer County, commencing at the NE corner of Section 24; thence South 21deg. 57' 09" West, 4394.36 feet; thence North 65deg. 13' 00" West, 351.98 feet; thence North 48deg. 13' 00" West, 1196.00 feet to the intersection of dam centerline and outlet works. Source: Joe Wright Creek Amount: Mountain Supply Reservoir No. 20 refill: 495 AF absolute and 302.14 AF conditional; Mountain Supply Reservoir No. 20 Enlargement: 6,363.64 AF absolute and 839 AF abandoned. Appropriation: Mountain Supply Reservoir No. 20 refill: December 31, 1921. Mountain


Supply Reservoir No. 20 Enlargement: February 18, 1971 Decreed use: Irrigation, domestic, municipal and industrial. Historic Use: Joe Wright Reservoir has historically been used for irrigation, domestic, municipal and industrial purposes within the Fort Collins municipal system, or by direct release for diversion or augmentation purposes. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan: This application seeks a water right for a groundwater well and the approval of a plan for augmentation for the Black-footed Ferret Conservation Center. The center is located on a 40-acre tract in Larimer County, Colorado, which was purchased from the City of Fort Collins. The Fish and Wildlife Service is designing and constructing several buildings for maintenance, breeding, quarantine, administration, and a caretaker's residence, as well as 50-100 outdoor pens for breeding and preconditioning of ferrets. The primary purposes of the Center are to produce ferrets for reintroduction and reestablishment of wild populations in order to promote recovery of the species and to promote environmental education on ferrets, prairie dog communities, and prairie environments. Water will be withdrawn from the Black-footed Ferret Conservation Center well at a maximum rate of 20 gallons per minute for domestic use in the caretaker's residence and propagation building, for washing the ferret pens, and for other miscellaneous purposes. Annual use will not exceed 2 acre-feet per year. Stream depletions associated with this withdrawal are currently estimated to be approximately 10 percent since no outside lawn or landscape irrigation will occur. Therefore, maximum depletions will not exceed approximately 0.20 acre-feet per year. To offset out of priority depletions associated with the use of the Ferret Center well, the Fish and Wildlife Service has leased 1 acre-foot of reusable sewage effluent annually from the City of Fort Collins. Although stream depletions from the use of the well will not exceed 0.20 acre-feet per year, the full one acre-foot of water will be released from the City's facilities each year to replace any depletions resulting from the withdrawal of up to 2 acre-feet of water from the Center's well. At the discretion of the Division Engineer, Applicant will dedicate water leased from the City of Fort Collins to make required replacements of out-of-priority depletions to the South Platte River basin resulting from withdrawals from the well. The water leased from Fort Collins is reusable water derived from Joe Wright Reservoir and delivered either directly to the Cache La Poudre River or into Fossil Creek Reservoir and then into the Cache La Poudre River. Augmentation water may also be delivered through the City of Fort Collins Wastewater Treatment Plant No. 2 a.k.a. Fort Collins Drake Water Reclamation Facility, located in the E 1/2 SE 1/4 Section 20 Township 7 North, Range 68 West, 6th PM, Larimer County. Name(s) and address(es) of owner(s) of the land on which structures is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Joe Wright reservoir is owned by the City of Fort Collins, 300 LaPorte Avenue, Fort Collins, CO 80521. The Black-footed Ferret Conservation Center and well are owned by the United States of America, c/o U.S. Department of the Interior, Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, CO 80225, Telephone (303) 236-5321. 2002CW339 TOWN OF MILLIKEN, C/O Kim R. Lawrence of Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631 (970)356-9160. THIRD AMENDMENT TO APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION IN WELD COUNTY. J. R. Schnelzer, Town Administrator, 1101 Broad Street, P. O. Box 290, Milliken, Colorado 80543. Telephone: 970-587-4331. Lot Holding Company, LLC, 3026 4th Avenue, Greeley, Colorado 80631. Telephone: 970-352-6057. 2. The following paragraphs of the Amendment filed 1/28/05 are amended as follows. AMENDMENT TO APPLICATION FOR WATER RIGHTS. 4. Name of Structure: Settlers Village Refresh Well. 4.1. Location. In the SE¼, Section 12, Township 4 North, Range 67 West of the 6th P.M.,Weld County, Colorado, approximately 2415 feet north and 1962 feet west of the Southeast corner of said section. 4.3 Depth: 40 feet. 4.6. Amount Claimed: 1500 g.p.m., conditional. 4.7 Use: Irrigation and evaporation replacement, freshing flow and piscatorial for pond described in ¶13.6.1. and ¶13.6.2. 5. Name of Structure: Colony Point Refresh Well. 5.1. In the SW¼, Section 12, Township 4 North, Range 67 West of the 6th P.M.,Weld County, Colorado, approximately 2100 feet north and 100 feet east from the Southwest corner of said section. 5.3.


Depth: 40 feet. 5.6. Amount Claimed: 1500 g.p.m., conditional. 5.7. Use: Irrigation and evaporation replacement, freshing flow and piscatorial for pond described in ¶13.6.2. 3. Name and Address of Owners of Structures: The wells listed are owned by Applicants. Applicants either own or have the right to use the land and structures upon which the replacement sources are located. 04CW129 THUNDERBIRD ESTATES LOT OWNERS, BEING JEFFREY and DELORES AMYS, ET. AL. c/o 55 S. Grand Bay St., Aurora, Colorado 80018 (303) 366-6863 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. AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS AND UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LARAMIE-FOX HILLS AQUIFER IN ARAPAHOE COUNTY. 2. The original application was filed with this Court in May, 2004, and requests the adjudication nontributary Laramie-Fox Hills aquifer groundwater underlying approximately 13 residential lots in Thunderbird Estates Subdivision, comprised of approximately 33 acres of land, and generally located in the S1/2 of Section 7, T4S, R65W of the 6th P.M. (Subject Property). Applicants hereby amend the application to add an additional 3.8 acre lot, being Lot 8, Block 2, Thunderbird Estates, Filing 2. The total acreage of the Subject Property is now 36.8 acres. Applicants are also requesting that existing domestic wells on the Subject Property be decreed pursuant to Section 37-92-602 (4), CRS. There is an existing well located on the new lot which is completed into the Upper Arapahoe aquifer as originally permitted in Well Permit No. 129658 which will be decreed pursuant to this part of the application for exempt domestic use at a rate of flow not to exceed 15 gpm. The owner of the new lot is Gary and Karen Nelson, 126 Grand Bay Street, Aurora, CO 80018.All other matters remain the same as shown in the May 2004, resume for Water Division 1. 2004CW108 TOMPKINS DEVELOPMENT, INC., a Nebraska corporation, c/o Mr. Jerry Rohlfs, 12484 Cherry Street, Thornton, Colorado 80241. Telephone: 303-908-8988. (Robert E. Schween, Esq., Robert E. Schween, P.C., 8231 South Winnipeg Circle, Aurora, Colorado 80016. Telephone: 303-690-8451.) Application APPLICATION TO AMEND DECREE FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR A PLAN FOR AUGMENTATION FOR NOT NONTRIBUTARY LOWER ARAPAHOE AQUIFER WITHDRAWALS, IN ADAMS COUNTY. 2. Background: A. Applicant, through its subsidiary Baseline Lakes, LLC, is the owner of 320 acres of land, more or less, located in the N1/2 of Section 2, and the E1/2 of Section 3, Township 1 South, Range 67 West of the 6th P.M., Adams County, as shown on Exhibit A hereto (Vicinity Map) and as described in Exhibit B hereto (Property Legal Description – Baseline Lakes Parcel). B. Applicant filed the original application in Case No. 04-CW-108 for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning nontributary and not- nontributary ground water. Such application, which included a plan for augmentation for the use of not-nontributary Lower Arapahoe aquifer ground water, was decreed by the Water Court on March 7, 2005. C. The decreed average annual amounts of withdrawal available from the subject aquifers are based upon the State Engineer’s Determinations of Fact, issued on August 22, 2004, and are not sought to be changed. Such amounts are as follows: Aquifer Land Area Sat. Thickness Ave. Ann. Amt. Lower Arapahoe 320 Acres 85 feet 46.2 AF Laramie-Fox Hills 320 Acres 190 feet 91.2 AF D. Since the time of the entry of such decree, Applicant has acquired new water use data and has altered its property development plan accordingly. E. This application to amend the decree in Case No. 04-CW-108 is filed so that such decree may be amended and superseded by a new Water Court decree that contains the revisions described below. 3. Specific Amendments Sought: A. Applicant’s new development plan contemplates the construction of 192 homes on the property instead of the 140 homes originally contemplated and described in the existing


decree in Case No. 04-CW-108. B. No new water sources are added to the application. The new development plan calls for all outside uses of water to be supplied by other water sources not included in this decree. Therefore, the decreed ground water resources will be used exclusively for in-house, domestic uses. C. Under the original decree in Case No. 04-CW-108, Applicant has the right to withdraw all of the legally available ground water lying below its property through wells located anywhere on Applicant's Property, except for a certain stipulated stand-off provision, which is not sought to be changed by this amendment. Additional wells and well fields were authorized. Applicant seeks a provision in its amended decree specifically authorizing the regulatory right. pursuant to Rule 11, Statewide Nontributary Ground Water Rules, 2 CCR 402-7, for its decreed ground water in each aquifer to be withdrawn by wells located on contiguous parcels. D. All decreed ground water will be used initially for domestic use, but such water may be recaptured and reused for all beneficial purposes, subject to a separate reuse plan not sought in this amended application. E. The augmentation plan for withdrawal of not-nontributary Lower Arapahoe aquifer ground water decreed in Case No. 04-CW-108 is sought to be amended as follows: (1) Applicant will use both its decreed not-nontributary Lower Arapahoe and nontributary Laramie-Fox Hills aquifer ground water to serve as the domestic supply for approximately 192 single-family homes to be constructed on the property. (2) The lawn and garden and landscape needs of the community, along with any stock watering supplies, will be supplied by other sources available to Applicant. (3) A central water supply system will be designed. Each home will be delivered its domestic allocation of approximately 0.23 acre-feet per year. This value may vary based on final annual quantities available and final planning considerations for the Applicant's Property. Each home site will be equipped with a nonevaporative wastewater disposal system. (4) Replacement of Stream Depletions During the Pumping Period: (a) Pumping from the not-nontributary Lower Arapahoe aquifer at this location will result in stream depletions in Dry Creek and the mainstem of the South Platte River. Applicant will replace four percent (4%) of the annual amount pumped from the not-nontributary Lower Arapahoe aquifer to the affected stream system pursuant to § 37-90-137(9)(c), C.R.S. (b) Return flows from the use of Lower Arapahoe and Laramie-Fox Hills aquifer ground water will accrue to the South Platte River system, and those return flows will be sufficient to replace stream depletions and to fulfill all replacement obligations while such ground water is being pumped. The following table illustrates the quantity of return flows expected from the proposed use at the proposed 192 homesites: No. Homes AF/Home Total Use % Return Total Return 192 x 0.23 = 44.2 AF x 90% = 39.7 AF (c) It is estimated that over 39 acre-feet of water per year will return to the stream system, assuming the average domestic allocation of a total of 0.23 acre-feet per year by each of the planned 192 homes. Such amount far exceeds four percent (4%) of the amount withdrawn from the not-nontributary Lower Arapahoe aquifer (15.4 AF x 4% 0.62 AF) and far exceeds the amount of modeled maximum annual depletions to the stream system, which is approximately 1.7 acre-feet in year 376, assuming 300 years of pumping. See Stream Depletion Table, Exhibit C. (5) Replacement of Stream Depletions During the Period After Pumping Ceases: (a) After pumping ceases, any injurious stream depletions which may continue to occur to the stream system will be replaced, if required, by reserved consumptive use water from the senior surface water (New Brantner Ditch shares) Applicant owns, or by any other adequate post-pumping source Applicant or its successors may acquire to meet such post-pumping augmentation requirements. Such source(s) must be approved by the Water Court. (b) The amount of consumptive use water reserved for post-pumping replacement purposes will be equal to that portion of modeled stream depletions that occurs after pumping ceases. (Maximum stream depletions reach about 1.7 acre-feet per year; see Exhibit C.) WHEREFORE, Applicant Tompkins Development, Inc., requests that this Court enter an amended decree in this case: A. Granting the application to amend decree herein and confirming the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; and B. Specifically determining that: 1. Applicant or its successors may construct wells into each aquifer anywhere on the subject property or on parcels contiguous thereto without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; EXCEPT THAT pursuant to the terms of the original decree, Applicant or its


successors may not construct a well within on-half (½) mile of the well with Well Permit No. 3297-F, operated by Hi-Land Acres Water and Sanitation District. 2. The quantity of ground water, exclusive of any artificial recharge, underlying the land shown at Exhibit A and described at Exhibit B hereto is to be set by the original ruling and decree entered in this matter, subject to the Court's retained jurisdiction; 3. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of not-nontributary Lower Arapahoe aquifer ground water under the plan for augmentation as sought to be amended herein; 4. During the pumping period, return flows from the use of not-nontributary Lower Arapahoe and nontributary Laramie-Fox Hills aquifer ground water will serve as an adequate source of replacement water to satisfy Applicant's obligation to replace four percent of the annual amount pumped from the not-nontributary Lower Arapahoe aquifer; and 5. The post-pumping replacement source proposed herein is adequate, and that Applicant or its successors, at their option, may substitute alternative sources which can be proven to be adequate to replace all modeled post-pumping stream depletions under the plan proposed herein. FURTHER, Applicant prays that this Court grant such other relief as it deems proper in the premises. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of JULY 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.

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