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DISTRICT COURT, WATER DIVISION NO. 2, COLORADO---------------------------------------------------------------------------------------------------------RESUME OF CASES FILED DURING AUGUST 2001---------------------------------------------------------------------------------------------------------TO: ALL INTERESTED PARTIES

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is aresume of applications, and certain amendments, filed during August 2001, inWater Division No. 2. The names and addresses of applicants, description ofwater rights or conditional water rights involved and description of ruling soughtas reflected by said applications, or amendments, are as follows:---------------------------------------------------------------------------------------------------------CASE NO. 00CW18 (Water Division 2) and 00CW22 (Water Division 1) –PARK FOREST WATER DISTRICT, 7340 McFarren Road, Colorado Springs,CO 80908 (Henry D. Worley, MacDougall, Woldridge & Worley, Attorneys forApplicant, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905)Amendment to ApplicationEl Paso CountyPursuant to the Order of the Referee allowing the Applicant, Park Forest WaterDistrict, to amend the Application in this case, the Application is amended asfollows: The last sentence in paragraph II.5 of the original application isamended as follows: Well pumping from the not nontributary aquifers shall belimited to a total of 245.7 acre feet annually.(Amendment to Application, 1 page)------------------------------------------------------------------------------------------------------------CASE NO. 01CW14 – MAPES FAMILY TRUST, c/o Larry Mapes, Attorney inFact for Mapes Family Trust, P. O. Box 410, Walsenburg, CO 81089Amended Application for Surface Water RightsHuerfano County2. Name of structure: Mapes Spring. 3. Legal description of each point ofdiversion: A spring in Abeyta Creek approximately 50’ west of the east line ofthe NW ¼ SW ¼ of Section 32, Township 28 South, Range 67 West of the 6thP.M. 4. Source: North Abeyta Creek. 5. A. Date of initiation ofappropriation: November 10, 1979. B. How appropriation was initiated:Use of stream for watering livestock. C. Date water applied to beneficial use:November 10, 1979. 6. Amount claimed: 1 cfs conditional and 1/10 of a cfsabsolute; measured by stop watch and bucket method. 7. Use or proposeduse: Livestock water. A. If irrigation, complete the following: Number ofacres historically irrigated: None. Proposed to be irrigated: None. Legaldescription of acreage: None. B. If non-irrigation, describe purpose fully:Livestock water. 8. Name and address of owner of land on which points ofdiversion and place of use are located: Applicant. 9. Remarks: We haveowned the property since November o1 1979 and have continued to use thewater in North Abeyta Creek for livestock water. I have never known the streamto be dry in all this time. Mr. Donald Noga has provided an additional affidavit tothis effect. (Mr. Noga’s affidavit is on file with the original Application in this

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matter and is available for inspection at the Office of the Clerk for Water DivisionNo. 2).(Amended Application and attachments, 3 pages)------------------------------------------------------------------------------------------------------------CASE NO. 01CW69 – STEVE RANES and LYNNE GNAIZDA, 1635 East 7thStreet, Pueblo, CO 81001; TONY TRUJILLO, 25167 Hwy. 69, Gardner, CO81040; MARK BIRNER, 930 S. Garfield Street, Denver, CO 80209; DAVIDGNAIZDA, 69 County Road 540, Gardner, CO 81040; and ANDORRARANCH, 17042 Hwy. 69, Walsenburg, CO 81089Application for Change of Water RightHuerfano County2. Decreed name of structure for which change is sought: Garcia Ditch. 3.From previous Decree: A. Date Entered: #20, #97 June 12, 1889; #13, #127– May 23, 1898. Case No. #20, #97 – Reed; #13, #127 – Killian. Court:Huerfano, CO. B. Decreed point of diversion: SW ¼ SE ¼ Sec. 28, T26S,R69W, 6th P.M. C. Source: Huerfano River. D. Appropriation Date: #20,#97 – 4/25/1867; #13, #127 – 5/4/1888. Amount: #20 – 5.96 cfs; #97 – 5.81cfs; #13 – 2.9 cfs; #127 – 3.1 cfs. E. Historic use: Approx. 300 acres. 4.Proposed change: An alternate point of diversion for the four decreed waterrights of the Garcia Ditch. Said water rights to be used only to irrigate thetraditional lands of decreed acreage. The alternate point of diversion is located650 feet due N. of the center section ¼ corner of Sec. 35, T. 26S., R69W, 6thP.M. UTM Coordinates: 0493192; 4177595. 5. Names and addresses ofowners of land on which structure is located: Original pt. of diversion: JanCisneros, 931 Co. Road 541, Gardner, CO 81040; Alternate pt. of diversion:Simon Aguirre, 104 Box 274, La Veta, CO 81055.(Application and attachments, 4 pages)------------------------------------------------------------------------------------------------------------CASE NO. 01CW70 – DUANE L. JONES and SARA G. JONES (as jointtenants with the right of survivorship), 10469 County Road 19, Wetmore,CO 81253 (Max I. Exline, Attorney for Applicants, 520 West 9th Street, Pueblo,CO 81003)Application for Underground Water RightFremont and Custer Counties2. Name of wells and permit, registration, or denial numbers: Name of Well:D.S. Jones Well No. 1; Permit/Registration No. 231638 (Registration of pre-existing well). Name of Well: D.S. Jones Well No. 2; Permit/Registration No.72364. 3. Legal description of wells: D.S. Jones Well No. 1 is located at:(Fremont County) N.E. ¼ of the N.E. ¼ of Sec. 35, Twp. 20 South, Range 69W,of the 6th P.M. in Fremont County, State of Colorado. Distances from SectionLines for D. S. Jones Well No. 1: 1200 ft. from North, and 1200 ft. from Eastsection lines. D.S. Jones Well No. 2 is located at: (Custer County) N.W. ¼ ofthe N.E. ¼ of Section 26, Twp. 23 South, Range 69W, of the 6th P.M. in CusterCounty, State of Colorado. Distances from Section Lines for D.S. Jones Well No.2: 1250 ft. from the North section line, 1450 ft. from the East section line. 4.Source and depth information: D.S. Jones Well No. 1 (Fremont County) –

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Source: Natural; Depth: 122 feet. D.S. Jones Well No. 2 (Custer County) –Source: Natural; Depth: 12 feet. 5. Appropriation information: D.S. JonesWell No. 1 (Fremont County). A. Date of appropriation: 1921; B. Howappropriation was initiated: pumping water from well to house for household,delivery for poultry, livestock, garden and lawn. C. Date water applied tobeneficial use: 1921. D.S. Jones Well No. 2 (Custer County). A. Date ofappropriation: 8/26/74. B. How appropriation was initiated: by pumping tohouse for household use. C. Date water applied to beneficial use: 8/26/74.6. Amounts claimed: D.S. Jones Well No. 1 (Fremont County): 15 gpmabsolute. D.S. Jones Well No. 2 (Custer County): 15 gpm absolute. 7. If wellsare non-tributary: D.S. Jones Well No. 1 (Fremont County): is not non-tributary; D.S. Jones Well No. 2 (Custer County): is unknown whether or not it isnon-tributary. 8. Proposed uses: D.S. Jones Well No. 1 (Fremont County):domestic, watering, gardening, grass watering, livestock, poultry, fire protection.D.S. Jones Well No. 2 (Custer County): domestic, watering garden and grass,fire protection. 9. Names and address of owners of land on which well islocated: Applicants are owners of land on which wells are located.(Application and attachments, 6 pages)------------------------------------------------------------------------------------------------------------CASE NO. 01CW71 - ANDERSON HOMESTEAD BUILDERS, INC., Attn. LarryAnderson, 8335 Wilderness Drive, Colorado Springs, CO 80908 (Henry D.Worley, MacDougall, Woldridge & Worley, P.C., Attorneys for Applicant, 530Communication Circle, Suite 204, Colorado Springs, CO 80905-1743)Application for Underground Denver Basin Water Rights and for Approval of Planfor AugmentationI. APPLICATION FOR DENVER BASIN WATER RIGHTS1. Names of wells and permit, registration, or denial numbers: A Dawsonaquifer well, permit no. 185170, was permitted in 1995; however, no such wellappears to have been constructed on the Property. 2. Legal description ofwells: Up to four wells in the Dawson aquifer, and so many wells in each of theDenver, Arapahoe and Laramie-Fox Hills aquifers as are necessary to obtainApplicant’s full adjudicated amount of water. The wells may be located anywhereon Applicant's 20.3 acre property, the legal description of which is Lot 6,Wildwood Ranch Estates, Filing 3, El Paso County, Colorado (the “Property”).The Property, which is located in the Cherry Creek basin, consists ofapproximately the S1/2 SE1/4 NE1/4 Section 32, T. 11 S., R. 65 W., 6th P.M. Amap of the Property is attached to the Application as Figure 1. (Figure 1 is on filewith the Application and may be examined in the Office of the Clerk for WaterDivision No. 2). 3. Source: Not nontributary Dawson aquifer; nontributaryDenver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hillsaquifer. 4.A. Date of appropriation: Not applicable. 4.B. How appropriationwas initiated: Not applicable. 4.C. Date water applied to beneficial use: Notapplicable. 5. Amount claimed: Dawson aquifer: 15 g.p.m. per well, 20.9 acrefeet annually, absolute; Denver aquifer: 200 g.p.m. per well, 15.2 acre feetannually, absolute; Arapahoe aquifer: 250 g.p.m. per well, 8.6 acre feet annually,absolute; Laramie-Fox Hills aquifer: 150 g.p.m. per well, 5.7 acre feet annually,

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absolute. The above amounts will be changed in any decree entered herein toconform to the State Engineer’s Determination of Facts. The water court will beasked to retain jurisdiction over such decree to enter a final determination of theamount of water available for appropriation from each aquifer based ongeophysical logs for such wells. 6. Proposed use: All beneficial uses includingaugmentation and exchange. 7. Name and address of owner of land onwhich well is located: Same as applicant. 8. Remarks: There are no liens orencumbrances against the Property; thus, the notice provisions of C.R.S. §37-90-137(4)(b.5) are not applicable to this application. Applicant waives the 600 footspacing requirement for all wells constructed on the Property.II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION9. Name, address, telephone number of applicant: Anderson HomesteadBuilders, Inc., Attn: Larry Anderson, 8335 Wilderness Drive, Colorado Springs,CO 80908. Phone number: 719-332-6198. 10. Name of structures to beaugmented: Up to four Dawson aquifer wells. No other water rights are or willbe diverted from these wells. 11. Previous decrees for water rights to beused for augmentation: None. 12. Historic use: Not applicable. 13.Statement of plan for augmentation: Applicant wishes to provide for theaugmentation of stream depletions caused by pumping Dawson aquifer wells onas many as four residential lots. Water use criteria for each lot are as follows:indoor uses, 0.27 acre feet annually per single family dwelling which is 10%consumptive; horses (or horse equivalents), 0.011 acre feet annually (10 gallonsper day) per head, 100% consumptive; landscape irrigation, 0.046 acre feetannually per 1,000 square feet (2.0 acre feet per acre) per year, 85%consumptive. Consumption attributable to indoor uses is predicated on the useof nonevaporative individual sewage disposal systems ("ISDS"), which shall berequired for each lot. Change to any other type of waste water disposal shallrequire an amendment to the plan for augmentation. Replacements duringpumping. Based upon computer modeling, depletions to the South Platte andArkansas basins combined are expected to gradually increase to a maximum of18.01% of pumping annually in the 300th year. Each lot shall be limited topumping of 1.25 acre feet annually, which would result in annual streamdepletions, in the 300th year, of 0.23 acre feet per lot, or 0.9 acre feet annually.Return flows from a single ISDS will equal 0.24 acre feet annually. Thus, even ifall water uses on the Property, other than household uses, are fully consumptive,return flows from ISDS alone are adequate to replace stream depletions duringpumping. The only restrictions necessary to ensure that replacements equal orexceed stream depletions are (1) limitation to annual pumping of 1.25 acre feetper well (6.0 acre feet total), and use of ISDS or some other form of wastewatertreatment which is no more consumptive. Replacements after pumping.Stream depletions will reach a maximum of 18.14% of average annual pumpingwhen pumping ceases, theoretically in the 310th year, and will decline thereafter.Applicant shall replace injurious post-pumping depletions with the nontributaryDenver aquifer decreed herein, all of which will be reserved for that purpose.However, Applicant seeks to reserve the right to replace such depletions with anyjudicially acceptable source of augmentation water upon application and notice

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as required by law. Applicant further proposes to aggregate all depletions andreplace them to the South Platte River drainage in the unnamed tributary ofCherry Creek which flows through the Property. Any final decree entered in thiscase shall provide that no more than 1.25 acre feet per year may be divertedfrom each Dawson aquifer well (5.0 acre feet total) absent an amendment to thisplan for augmentation. Because depletions will occur in both Water Division 1and 2, this application is being published in the resume for both water divisions.(Application and attachments, 4 pages)------------------------------------------------------------------------------------------------------------CASE NO. 01CW72 – RUDOLPH F. BRAUER, c/o Carolyn Gardner,Conservator, 1055 Golden, Calhan, CO 80808 and ELSIE M. BRAUER,13332 S. Fairplay Road, Calhan, CO 80808Application to Make AbsoluteEl Paso County2. Name of structure: Brauer Spring. 3. Describe conditional water rightgiving the following from the Referee’s Ruling and Judgment and Decree:A. Date of Original Decree: Referee: July 24, 1995; Court: 8/24/95. CaseNo.: 94CW44. Court: Water Division No. 2. B. Location: SE ¼ of Section 9,T. 12 S., R. 62 W., 6th P.M. Said spring is located 820’ in a northeasterlydirection from the SW corner of said quarter section. C. Source: Naturalspring. D. Appropriation Date: August 1, 1994; Amount: 15 g.p.m. E. Use:Stock water. F. Depth: (if well) unknown. 4. Provide a detailed outline ofwhat has been done toward completion or for completion of theappropriation and application of water to a beneficial use as conditionallydecreed, including expenditures: Installed pump, delivery system, storagetank. Expense $10,000.00. Completed in 1995. Since installation, water hasbeen used to water livestock. 5. If claim to make absolute – Water applied tobeneficial use: A. Date: September 1995; Amount: 15 g.p.m. Use:Watering livestock. B. Description of place of use where water is applied tobeneficial use: In pasture, delivered to storage tank, then drained into a stocktank. 6. Name and address of owner of land on which structure is located:Elsie M. Brauer, 13332 S. Fairplay Road, Calhan, CO 80808(Application and attachments, 4 pages)------------------------------------------------------------------------------------------------------------CASE NO. 01CW73(93CW63) – BRUCE A. LONG, 1115 Airport Road, Apt. B-4, Salida, CO 81201 (Julianne M. Woldridge, MacDougall, Woldridge & Worley,Attorneys for Applicant, 530 Communication Circle, Suite 204, Colorado Springs,CO 80905)Application for Finding Reasonable Diligence and/or to Make AbsoluteChaffee County2. Name of structure: M. A. MacDougall Well. 3. Describe conditional waterright: A. Date of Original Decree: August 31, 1995. Case No.: 94CW53 and94CW64 consolidated into 93CW63. Court: District Court, Water Division No. 2,Colorado. B. Location: NW ¼ SW ¼, Section 20, Township 50 North, Range 9East, N.M.P.M., at a point 1357 feet east of the west section line and 2150.4 feetnorth of the south section line of Section 20, Chaffee County, Colorado. C.

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Source: Natural well. D. Appropriation Date: January 1886; Amount: 3g.p.m. E. Use: Domestic, including up to one acre of irrigation. 4. Detailedoutline of what has been done toward completion or for completion of theappropriation and application of water to a beneficial use as conditionallydecreed, including expenditures: Since the entry of the original decree,Applicant installed a garden hose through which the well water is used to irrigateup to one acre of horse pasture and installed tank to water livestock and wildanimals. Applicant also used the water to irrigate a garden in 2001. The waterhas also been used occasionally for domestic purposes by Applicant’s inviteeswho have picnicked on the property. Since the well runs naturally, and the flow isnot controlled, Applicant claims that the entire flow of the well has beenbeneficially used for domestic purposes. Applicant had the property surveyed forlocation of a residence, had some dynamiting and leveling work done for thesame purpose, constructed a road to the building site, installed a perimeter fenceand gates and had electric power installed at the site. The proposed residencewill use the well as a source of domestic water. Applicant has also installed awooden door to the well entrance to protect the well. On November 24, 1998,Applicant filed a Change in Ownership/Address/Location form with the ColoradoState Engineer, for the well permit issued for this well, to reflect Applicant as theowner. Applicant, therefore, requests an Order making this water right absolute,or in the alternative, finding that Applicant has exercised reasonable diligencetowards the completion of this appropriation.(Application, 4 pages)------------------------------------------------------------------------------------------------------------CASE NO. 01CW74 - GERARD P. TIMMINS and JANEL A. TIMMINS, 3555Hay Creek Road, Colorado Springs, CO 80921 (Henry D. Worley, MacDougall,Woldridge & Worley, P.C., Attorneys for Applicant, 530 Communication Circle,Suite 204, Colorado Springs, CO 80905)Application for Underground Denver Basin Water Rights and for Approval of Planfor AugmentationEl Paso CountyI. APPLICATION FOR DENVER BASIN WATER RIGHTS1. Name, address, telephone number of applicants: Gerard P. Timmins andJanel A. Timmins, 3555 Hay Creek Road, Colorado Springs, CO 80921. Phone:719-481-1251. Applicants are the owners of 10 acres of land located in the SE1/4 Section 33, T. 11 S., R. 67 W., 6th P.M. (the “Property”), beneath which theyseek to obtain a decree adjudicating the Denver Basin water. The Property isdepicted on Figure 1 attached to the Application; the legal description of theProperty is attached to the Application as Exhibit A. (Figure 1 and Exhibit A areon file with the Application and available for inspection at the Office of the Clerkfor Water Division No. 2). 2. Names of wells and permit, registration, ordenial numbers: none. 3. Legal description of wells: at any location on theProperty. Applicants waive the 600 foot spacing rule for all wells in the Denverand Arapahoe aquifers. 4. Source: Not nontributary Dawson aquifer; notnontributary Denver aquifer; nontributary Arapahoe aquifer; and nontributaryLaramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B.

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How appropriation was initiated: Not applicable. 5.C. Date water applied tobeneficial use: Not applicable. 6. Amount claimed: Not nontributaryDawson aquifer, 25 g.p.m., 1.3 acre feet annually, absolute; not nontributaryDenver aquifer, 50 g.p.m., 3.5 acre feet annually, absolute; nontributaryArapahoe aquifer, 100 g.p.m., 5.8 acre feet annually, absolute; Laramie-Fox Hillsaquifer, 50 g.p.m., 2.7 acre feet annually, absolute. The above amounts will bechanged in any proposed decree submitted to the Court for signature to conformto the State Engineer’s Determination of Facts. The water court will be asked toretain jurisdiction over such decree to enter a final determination of the amount ofwater available for appropriation from each aquifer based on geophysical logs forsuch wells. 7. Proposed use: All beneficial uses including augmentation andexchange. 8. Name and address of owner of land on which well is located:Same as Applicants. 9. Remarks: Applicants have mailed notice of their intentto file this application by registered mail, return receipt requested, to Wells FargoHome Mortgage, Inc., 4680 Hallmark Parkway, San Bernardino, CA 92407 incompliance with the notice provisions of C.R.S. §37-90-137(4)(b.5). There areno other liens or encumbrances against the property of which the Applicants areaware. A copy of the letter to Wells Fargo Home Mortgage is submitted with thisapplication.II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION10. Name, address, telephone number of applicant: Gerard P. Timmins andJanel A. Timmins, 3555 Hay Creek Road, Colorado Springs, CO 80921. Phone:719-481-1251. 11. Name of structures to be augmented: No more thanone Dawson aquifer well and no more than three Denver aquifer wells. 12.Previous decrees for water rights to be used for augmentation: None. 13.Historic use: Not applicable. 14. Statement of plan for augmentation - nosubdivision. A. Water Demand. Applicants seek a plan for augmentationwhich will allow them to annually pump 1.3 acre feet of water from the Dawsonaquifer or 2.75 acre feet of water from the Denver aquifer, but not bothsimultaneously. By way of illustration, and without limiting the allowable uses,the Dawson aquifer pumping would be adequate for residential uses inside asingle family dwelling, for irrigation of 0.5 acres of land, and for three horses.Pumping of 2.75 acre feet from the Denver aquifer would be adequate for asingle family dwelling, for irrigation of about 1.1 acres of land, and for threehorses. B. Water Consumption and Return Flows. It is generally acceptedthat no more than 10% of water used indoors in residences using septic systemsfor wastewater disposal is consumed, with 90% returning to the stream system.Treatment of water through a discharging central wastewater treatment plan isgenerally accepted to be no more than 5% consumptive. Water used forlivestock watering is considered to be 100% consumed. It is generally acceptedthat no more than 85% of water used for landscape irrigation is consumed.Assuming that there is one house on the Property, return flows from the septicsystem alone would be 0.24 acre feet annually. C. Replacement of StreamDepletions During Pumping. Based on computer modeling, virtually all streamdepletions will occur to Monument Creek, a tributary of the Arkansas River. Thecomputer model indicates that stream depletions caused by pumping the

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Dawson aquifer will gradually increase to 0.99% of average annual pumping inthe 100th year. Based on pumping of 1.3 acre feet annually, maximum streamdepletions would equal 0.01 acre feet annually. Computer modeling indicatesthat stream depletions caused by pumping the Denver aquifer will graduallyincrease to 8.55% of average annual pumping in the 100th year. Based onpumping 2.75 acre feet annually, maximum stream depletions caused bypumping the Denver aquifer would equal 0.24 acre feet in the 100th year.Applicants propose to replace those depletions with septic system return flowswhich, at 0.24 acre feet annually, will equal or exceed stream depletions causedby pumping either the Dawson or the Denver aquifer. D. Replacement ofStream Depletions After Cessation of Pumping. Applicants propose toreplace post-pumping depletions with nontributary water pumped from theArapahoe aquifer. Applicants will reserve 275 acre feet of water in thenontributary Arapahoe aquifer for the purpose of replacing stream depletionscaused by pumping the Dawson aquifer, the Denver aquifer, or somecombination thereof. Applicants also seek the right to use any other judicially-approved augmentation water. 15. Statement of plan for augmentation - twoor three lot subdivision. A. Water Demand. Though Applicants have nocurrent plans to subdivide the Property, Applicants seek approval of a plan foraugmentation which would allow Applicants to provide water for a subdivision ofno more than three lots on the Property, each with one single family dwelling.Water for one lot could be provided by no more than one Dawson aquifer well,while the total number of wells may not exceed three. Due to El Paso County’s300 year water supply rule, pumping for a lot serviced by a Dawson aquifer wellwould be limited to 0.43 acre feet annually. Water for a lot serviced by a Denveraquifer well would be limited to 0.58 acre feet annually per lot if there are two lotsserviced by Denver aquifer well(s), or to 0.39 acre feet annually per lot if thereare three lots serviced by one or more Denver aquifer wells. Lots would beallowed to share Denver aquifer wells. B. Water Consumption and ReturnFlows. Based on the same assumptions as set forth in ¶ 14.B., if the property issubdivided into two or three lots, each of which has a single family dwelling,return flows from septic systems alone would equal 0.49 acre feet in a two lotsubdivision, and 0.73 acre feet annually in a three lot subdivision. C.Replacement of Stream Depletions During Pumping. If the Property issubdivided into either two or three lots, Applicant will still use septic systemreturn flows to replace depletions during pumping. Based on 300 years ofpumping 0.43 acre feet annually, stream depletions caused by pumping theDawson aquifer would reach a maximum of 8.05%, or 0.035 acre feet, in the300th year. Pumping 1.17 acre feet annually from the Denver aquifer wouldresult in stream depletions of 25.97%, or 0.3 acre feet, in the 300th year. Thescenario in which return flows would be the least and stream depletions would bethe most would be one in which the Property was subdivided into two lots, both ofwhich used 0.58 acre feet of Denver aquifer water annually. Stream depletionswould equal 0.3 acre feet annually, while return flows from septic systems alonewould equal 0.49 acre feet annually. Thus, so long as a single family dwelling isconstructed on each lot, and the annual pumping limitations are observed,

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annual septic system return flows or central wastewater treatment return flowswill always be adequate to replace annual stream depletions during the pumpingperiod. D. Replacement of Stream Depletions After Cessation of Pumping.Applicants propose to replace post-pumping depletions with nontributary waterpumped from the Arapahoe aquifer. Applicants will reserve 480 acre feet ofwater in the nontributary Arapahoe aquifer for the purpose of replacing streamdepletions caused by pumping the Dawson aquifer, the Denver aquifer, or somecombination thereof. Applicants also seek the right to use any other judicially-approved augmentation water. E. Miscellaneous. (I) Applicants will establishrestrictive covenants on the Property which: (a) require the use of non-evaporative septic systems or a central wastewater disposal system forwastewater treatment which discharges to Monument Creek or its tributaries; (b)which reserve the nontributary Arapahoe aquifer water for replacement of post-pumping depletions, unless some other source of replacement water is approvedin a subsequent judicial proceeding or unless the obligation terminates for someother reason; and (c) which inform the future homeowners of the possibility thatthey will be required to construct a well into the nontributary Arapahoe aquifer forreplacement of post-pumping depletions. Restrictive covenants limiting the areato be irrigated or the number of horses, or their water-consuming equivalents, tobe watered, are unnecessary for purposes of this application because septicsystem return flows will always equal or exceed depletions during the 300 yearpumping period. (II) It is possible that the Dawson aquifer will be an adequatesource of water for less than 100 years if the Property is not subdivided, or forless than 300 years if the Dawson aquifer is used in the described subdivision. Ifthe Dawson aquifer is initially used but becomes a nonviable source of waterprior to the projected end of pumping, then Applicants may switch to using theDenver aquifer under the above plan for augmentation. At the time pumpingfrom the Dawson aquifer ceases, it will be necessary to perform computermodeling to determine the post-pumping depletions attributable to prior Dawsonaquifer pumping.(Application and attachments, 7 pages)------------------------------------------------------------------------------------------------------------CASE NO. 01CW75(94CW74) – M. ANGELA McGEHEE and MARK E.REIGLE, P. O. Box 798, La Veta, CO 81055Application to Make AbsoluteHuerfano County2. Name of structure: Ironhorse Spring No. 1 and Ironhorse Spring No. 2. 3.Describe conditional water right giving the following from the Referee’sRuling and Judgment and Decree: A. Date of Original Decree: 16 Aug.1995; Case No.: 94CW74; Court: Water Div. 2. B. Location: IronhorseSpring No. 1: Northwest ¼ of the Northwest ¼ of Section 11, Township 30South, Range 69 West of the 6th P.M., 1,300 feet from the north line and 350feet from the west line of said Section 11, Herfano County, Colorado. IronhorseSpring No. 2: Northeast ¼ of the Northeast ¼ of Section 10, Township 30 South,Range 69 West of the 6th P.M., 450 feet from the north line and 770 feet from theeast line of said Section 10, Huerfano County, Colorado. C. Source: Springs

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tributary to an unnamed creek, tributary to Indian Creek, tributary to MiddleCreek, tributary to the Cucharas River. D. Appropriation Date: 20 May 1994(as to both springs). Amount: Ironhorse Spring No. 1: 5 gpm; Ironhorse SpringNo. 2: 5 gpm. E. Use: Stock water and domestic use (as to both springs). F.Depth: (if well) N/A. 4. Provide a detailed outline of what has been donetoward completion or for completion of the appropriation and application ofwater to a beneficial use as conditionally decreed, including expenditures:Outline of appropriation of water to beneficial use: Ironhorse Spring No. 1 – Thisspring was excavated, and a 55-gallon plastic barrel was place in the pit andfilled and surrounded by gravel. The barrel served as a collection container fromwhich springwater overflowed through a pvc pipe near the top of the barrel. Thebarrel and pit were backfilled. Water flowing out of the pipe was diverted to a350 gallon tank for storage. Excess water overflows from the tank to theunnamed creek described in Part 3. This water is used as stock water (for cattleand horses) and for domestic use (washing equipment, etc.). Approximate totalexpenditures: barrel and pipe, $30; tank: $230. Ironhorse Spring No. 2 – Thisspring was excavated, and the pit was lined with rocks. A pvc pipe was placednear the top of the pit. The pipe diverted water to a small pond excavated downthe slope from the spring. The pit was covered with scrap wood. Excess wateroverflows from the pond to the unnamed creek described in Part 3. This water isused as stock water (for cattle and horses) and for domestic use (washingequipment, etc.). Approximate total expenditure: pipe, $3. 5. If claim to makeabsolute – Water applied to beneficial use: A. Date: 21 August 2001;Amount: 5 gpm (each spring) Use: Stockwater and domestic use. B.Description of place of use where water is applied to beneficial use: Eachspring is adjacent to a separate pasture, used for grazing livestock (cattle andhorses). 6. Name and address of owner of land on which structure islocated: M. Angela McGehee and Mark E. Reigle, P. O. Box 798, La Veta, CO81055.(Application and attachments, 4 pages)------------------------------------------------------------------------------------------------------------CASE NO. 01CW76 – DR. FRED E. or MARY F. BROWN, 16780 County Road220, Salida, CO 81201Application for Underground Water RightChaffee County2. Name of well and permit, registration, or denial number: Brown Well No.1 – Re-Drill. 3. Legal description of well: Chaffee County: SW ¼ of the SW¼, Section 34, Township 50N, Range 7E, 990 feet from south section line, 1190feet from west section line. 16780 County Road 220, Lots 1-12, Block 26. 4. A.Source: Underground. B. Depth. 60 feet. 5. A. Date of appropriation: May19, 1980 – Permit. B. How appropriation was initiated: Filing for well permit.C. Date water applied to beneficial use: November 30, 1981. 6. Amountclaimed: original 3 gpm absolute; re-drill 5 gpm absolute. 7. If well is non-tributary: A. Name of Aquifer: N/A. B. Amount claimed in acre feetannually: 1. 8. Proposed use: A. If irrigation, complete the following: (1)Number of acres historically irrigated: ______. (2) Total number of acres

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proposed to be irrigated: ______. (3) The legal description of the landirrigated: ______. (4) Area of lawns and gardens irrigated: ______ B. Ifnon-irrigation, describe purpose fully: Household use only. 9. Names andaddress of owners of land on which well is located: Applicants. 10.Remarks: We are concerned developments nearby may deplete our well.Attachments included: 1. Upper Arkansas Geohydrology and water qualitystudy; 2. Original well permit; Drill log; 3. Re-Drill permit. (Attachments 1, 2 and3 are on file with the Application and may be examined in the Office of the Clerkfor Water Division No. 2).(Application and attachments, 9 pages)------------------------------------------------------------------------------------------------------------CASE NO. 01CW77 – SMITH CATTLE, INC., 15501 County Road 11, Rush,CO 80833 (Gary L. Greer and Doran L. Matzke, Sherman & Howard, L.L.C.,Attorneys for Applicant, 633 – 17th Street, Suite 3000, Denver, CO 80202)Application for Water Storage Rights and for Approval of Plan forAugmentationLincoln County, ColoradoApplication for Water Storage Rights2. Names of Reservoirs: A. Thurlow Reservoir "N", also known as "Turtle Pond".B. Thurlow Reservoir "P", also known as "Trout Pond". C. Collins No. 1Reservoir, also known as "Bass Pond". 3. Legal Descriptions: A. ThurlowReservoir "N" is located in the SE1/4 of the SE1/4 and the NE1/4 of the SE1/4 ofSection 21, Township 15 South, Range 58 West of the 6th P.M. The inlet or pointof diversion is located in the Southwest quarter of the Northeast quarter of theSoutheast quarter Section 21 on a ravine which is tributary to Steels Fork Creek.B. Thurlow Reservoir "P" is located in the SE1/4 of the NW1/4 of the SE1/4 ofSection 21, Township 15 South, Range 58 West of the 6th P.M. The inlet or pointof diversion is located in the Southeast quarter of the Northwest quarter of theSoutheast quarter Section 21 on a ravine which is tributary to Steels Fork Creek.C. The Collins No.1 Reservoir is located in the E1/2 of the SE1/4 and the SW1/4of the SE1/4 of Section 27, Township 15 South, Range 58 West of the 6th P.M.The inlet or point of diversion is located in the Southwest quarter of the Northeastquarter of the Southwest quarter Section 27 on Smith Gulch which is tributary toSteels Fork Creek. 4. Source: A. Thurlow Reservoir "N": Springs tributary toSteels Fork Creek. B. Thurlow Reservoir "P": Springs tributary to Steels ForkCreek. C. Collins No. 1 Reservoir: Springs and Smith Gulch, tributary to SteelsFork Creek. 5. A. Date of Appropriation: 1. Thurlow Reservoir "N": April 5,1997. 2. Thurlow Reservoir "P": April 5, 1997. 3. Collins No. 1 Reservoir: April 5,1997. B. How appropriation was initiated: 1. Thurlow Reservoir "N": Not laterthan the claimed date of appropriation, April 5, 1997, Applicant formed theintention to appropriate water for storage in Thurlow Reservoir "N". In additionand in pursuance thereof, Applicant agreed and undertook to providereplacement of the depletions occasioned by the storage and use of water inThurlow Reservoir "N" contractually and/or pursuant to a substitute water supplyplan. Applicant currently diverts, stores and uses water pursuant to an approvedsubstitute water supply plan. 2. Thurlow Reservoir "P": Not later than the claimed

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date of appropriation, April 5, 1997, Applicant formed the intention to appropriatewater for storage in Thurlow Reservoir "P". In addition and in pursuance thereof,Applicant agreed and undertook to provide replacement of the depletionsoccasioned by the storage and use of water in Thurlow Reservoir "P"contractually and/or pursuant to a substitute water supply plan. Applicantcurrently diverts, stores and uses water pursuant to an approved substitute watersupply plan. 3. Collins No. 1 Reservoir: Not later than the claimed date ofappropriation, April 5, 1997, Applicant formed the intention to appropriate waterfor storage in Collins No. 1 Reservoir. In addition and in pursuance thereof,Applicant agreed and undertook to provide replacement of the depletionsoccasioned by the storage and use of water in Collins No. 1 Reservoircontractually and/or pursuant to a substitute water supply plan. Applicantcurrently diverts, stores and uses water pursuant to an approved substitute watersupply plan. C. Date Water Applied to Beneficial Use: 1. Thurlow Reservoir"N": April 5, 1997. 2. Thurlow Reservoir "P": April 5, 1997. 3. Collins No. 1Reservoir: April 5, 1997. 6. Amount claimed: A. In acre-feet: 1. ThurlowReservoir "N": 6.0 acre-feet absolute. 2. Thurlow Reservoir "P": 2.0 acre-feetabsolute. 3. Collins No. 1 Reservoir: 8.4 acre-feet absolute. 7. Use: The use ofwater in all three reservoirs includes stock watering, recreation, fishing, and othernon-irrigation uses. 8. Surface area at high water lines: Thurlow Reservoir "N":0.63 acres. Thurlow Reservoir "P": 1.15 acres. Collins No. 1 Reservoir: 0.86acres. A. Maximum height of dam in feet: 1. Thurlow Reservoir "N": 10-12 feet.2. Thurlow Reservoir "P": 10-15 feet. 3. Collins No. 1 Reservoir: 9 feet. B.Length of dam in feet: 1. Thurlow Reservoir "N": 360 feet. 2. Thurlow Reservoir"P": 480 feet. 3. Collins No. 1 Reservoir: 225 feet. 9. Total capacity ofreservoirs in acre-feet: A. Thurlow Reservoir "N": 6 acre-feet active capacity. B.Thurlow Reservoir "P": 2 acre-feet active capacity. C. Collins No. 1 Reservoir:8.4 acre-feet active capacity. 10. Names and addresses of owners of land onwhich structures for the water rights are located (land where dam is locatedand land within high water line): Smith Cattle, Inc., 15501 County Road 11,Rush, Colorado 80833. 11. Remarks or other pertinent information: None.Applicant seeks water rights in the amounts claimed and with priorities as of thedates of appropriation claimed for each of the three reservoirs described in thisapplication. These are the same reservoirs previously decreed in Civil Action No.416, District Court, Bent County on August 15, 1960, and declared abandoned inCase No. 86CW091, Water Division No. 2, June 25, 1990. Applicant seeks newwater rights for the three reservoirs with new dates of appropriation.APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION12. Names of structures to be augmented: A. Thurlow Reservoir "N", alsoknown as "Turtle Pond". B. Thurlow Reservoir "P", also known as "Trout Pond".C. Collins No. 1 Reservoir, also known as "Bass Pond". 13. Previous decreesfor water rights to be used for augmentation: Brett Gray Reservoir,sometimes also known as Sanborn Reservoir A. Date entered: August 15,1960. B. Case No.: C.A. 416. C. Court: District Court, Bent County, Colorado.D. Type of water right: Surface storage. E. Legal description of place of storage:The inlet or point of diversion of the reservoir is located on Steels Fork Creek

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from which it derives its supply of water. The reservoir is located in Section 17,Township 15 South, Range 58 West of the 6th P.M. in Lincoln County, Colorado.The legal description of the reservoir is as follows: Commencing at a pointwhence the SE Corner of Section 17, Township 15 South, Range 58 West bearsS. 86° 38' E. 1760 feet; thence S. 78° 32' W. 176 feet; thence S. 69° W. 866.2feet to the point of beginning; thence N. 27° 40' W. 154.5 feet to station B; thenceN. 49° 45' W. 129.9 feet to station C; thence N. 24° 07' W. 105.6 feet to station D;thence N. 5° 47' E. 138.6 feet to station E; thence N. 16° 13' W. 111.8 feet tostation F; thence N. 36° 34' W. 249.3 feet to station G; thence S. 88° 15' W.239.9 feet to station H; thence N. 51° 36' W. 171.7 feet to station I; thence N. 31°51' W. 701.3 feet to station J; thence N. 5° 58' E. 227.9 feet to station K; thenceN. 28° 52' W. to station L, which is also the inlet to said reservoir; thence S. 32°41' E. 155.1 feet to point M; thence S 51° 33' E. 306.8 feet to station N; thence N.61° 38' W. 462 feet to point O; thence N. 80° 30' E. 292 feet to station P; thenceS. 71° 55' E. 235.4 feet to station Q; thence S. 50° 43' E. 442.2 feet to station R;thence S. 40° 24' E. 257.4 feet to station S; thence S. 28° 03' E. 299.1 feet tostation T; thence S. 16° 43' E. 629.4 feet to station U; thence S 61° 37' E. 212feet to station V; thence S. 69° W 866.2 feet to the point of beginning. F. Source:Steels Fork Creek. G. Amount: 264 acre-feet. In Case No. 86CW091, WaterDivision No. 2, June 25, 1990, the Brett Gray Reservoir was declared andadjudged abandoned as to all water in excess of 145 acre-feet. H. Appropriationdate: April 16, 1919. I. Decreed use: Irrigation of 250 acres. Douglas Reservoir,sometimes also known as Gordon Reservoir A. Date entered: August 15,1960. B. Case No.: C.A. 416. C. Court: District Court, Bent County, Colorado. D.Type of water right: Surface storage. E. Legal description of place of storage:The inlet or point of diversion of the reservoir is located on Steels Fork Creekfrom which it derives its supply of water. The reservoir is located in theNW1/4NE1/4, E1/2NE1/4 of Section 28 and the W1/2NW1/4 of Section 27,Township 15 South, Range 58 West of the 6th P.M. The east end of the dam islocated at a point from which the SE Corner of Section 27, Township 15 South,Range 58 West of the 6th P.M. lies S. 60° 42' E. 5420.8 feet and extends N. 88°54' W. 1037 feet. F. Source: Natural flow, natural springs, underflow andseepage and return waters of Steels Fork Creek. G. Amount: 669 acre-feet. InCase No. 86CW091, Water Division No. 2, June 25, 1990, the Gordon (orDouglas) Reservoir was declared and adjudged abandoned as to all water inexcess of 145 acre-feet. H. Appropriation date: April 16, 1919. I. Decreed use:Irrigation of 670 acres. Brett Gray Ditch No. 1 A. Date entered: August 15,1960. B. Case No.: C.A. 416. C. Court: District Court, Bent County, Colorado. D.Type of water right: Surface. E. Legal description of point of diversion: The BrettGray Ditch No. 1 is located at a point in Lincoln County, Colorado, on the easterlybank of Steels Fork Creek, whence the Southeast corner of Section 2, Township16 South, Range 58 West of the 6th P.M. bears South 44° 44' East a distance of4,279.95 feet. F. Source: Steels Fork Creek. In addition water stored in theGordon (or Douglas) Reservoir is discharged into Steels Fork Creek, conveyeddown the channel of said creek and thence taken out at the headgate of the BrettGray No. 1 Ditch and is used to irrigate the same land as irrigated by the Ditch.

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G. Amount: 18 c.f.s. H. Appropriation date: April 16, 1919. I. Decreed use:Irrigation of 670 acres in conjunction with water stored in the Gordon (orDouglas) Reservoir and for stock watering purposes. 14. Statement of Plan forAugmentation. The plan for augmentation is as described herein. A mapshowing the location of Thurlow Reservoirs "N" and "P" and the Collins No. 1Reservoir is attached to the Application as Figure 1. A map showing the locationof the storage reservoirs to be used for providing winter replacement water andthe location of the Brett Gray No. 1 Ditch is attached to the Application as Figure2. A map showing the six acres to be dried up is attached to the Application asFigure 3. (Figures 1, 2, and 3 are on file with the Application and may beexamined in the Office of the Clerk for Water Division No. 2). A. Plan for Use.Applicant proposes to maintain and use the Thurlow Reservoir "N", ThurlowReservoir "P" and Collins No. 1 Reservoir for stock watering, recreation, fishing,and other non-irrigation uses. There will be no diversion of water from thesestructures for other uses and no other consumption of the resource. Thereservoirs fill from natural springs and small dams trap spring water and store itfor recreation and fishing uses. Water flows through the reservoirs and isdischarged through pipes to Steels Fork. Water levels fluctuate slightly accordingto the amount of water available but for the most part the ponds remain full all thetime. During the winter months the ponds are covered with ice. B. Depletions.Applicant estimates that annual depletions from all three reservoirs due toevaporative losses is 7.19 acre-feet. Annual depletions due to the stock wateringof 240 animal units ("AU's") at 12 gallons per day per head will be 3.24 acre-feet.Total annual depletions will therefore amount to 10.43 acre-feet. C.Replacements and Credits. Applicant currently irrigates 186 acres of land underthe Brett Gray Ditch No.1. This acreage currently consists of 174 acres under twocenter pivot sprinklers plus six additional acres that have been and can beirrigated by the sprinklers by affixing end guns on the end of the sprinklers. Inaddition Applicant has irrigated six acres under the ditch by flood irrigation.Applicant will eliminate the irrigation of the six acres of flood irrigation under theditch and will henceforth irrigate no more than 180 acres under the Brett GrayDitch No. 1 Applicant estimates that the credit from eliminating six acres ofirrigation under the ditch will amount to a total of 10.90 acre-feet annually. D.Timing of Replacement of Depletions. Some evaporative losses and stockwatering depletions from the three reservoirs will occur in each month of theyear. Credits from eliminating irrigation will occur only during the irrigationseason. Accordingly, Applicant proposes to replace winter depletions with storedwater. Credits from eliminating the six acres of irrigation will exceed reservoirdepletions during the irrigation season (May through October) by a total of 3.29acre-feet. Applicant will store the excess irrigation season credits of 3.29 acre-feet in either the Brett Gray Reservoir or the Douglas Reservoir and will releasesuch amount to Steels Fork in one slug release during the winter months. In thismanner Applicant's depletions from the three reservoirs during the irrigationseason will be offset by the elimination of irrigation depletions during the irrigationseason and Applicant's winter depletions from the reservoirs will be replaced withstored water in the winter in a manner that will prevent injury to the owners of or

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persons entitled to use water under vested water rights or decreed conditionalwater rights.(Application and attachments, 13 pages)------------------------------------------------------------------------------------------------------------CASE NO. 01CW78 – SHAMROCK RANCH DEVELOPMENT CO., LLC, Attn:Mr. Ed Edwards, 7945 Danford Road, Colorado Springs, CO 80908 (RobertE. Schween, Robert E. Schween, P.C., Attorney for Applicant, P. O. Box 262104,Littleton, CO 80163-2104)Application for Underground Water Rights from Nontributary and NotNontributary Sources and for Approval of a Plan for Augmentation for NotNontributary Dawson Aquifer WithdrawalsEl Paso County2. Water Rights Sought: A. The land and ground water rights subject to thisapplication are owned by Shamrock Ranch Development Co., LLC, a Coloradolimited liability company. The overlying land area subject to this application shallbe referred to as “Applicant’s property.” B. By this application, Applicant seeks adecree – (1) Quantifying and determining the ground water rights underlyingApplicant’s property, described below; and (2) Adjudicating a plan foraugmentation for the use of all or a part of its not-nontributary Dawson aquiferground water through wells to be constructed on Applicant’s property. 3. WellPermits: Well permits will be applied for prior to construction of wells on theproperty and in accordance with the terms and conditions of a decree to begranted herein. 4. Legal Description of Wells and Subject Property: A. Thewells which will withdraw ground water from the not-nontributary Dawson aquiferand the nontributary Arapahoe and Laramie-Fox Hills aquifer will be located atany location on a tract of land consisting of 20 acres, more or less, and locatedas follows: The West ½ of the W ½ of the SE ¼ , Section 12, Township 12 South,Range 66 West of the 6th P.M., as shown on Exhibit A to the Application(General Location Map) and as described in Exhibit B to the Application(Property Legal Description). (Exhibits A and B are on file with the Applicationand may be examined in the Office of the Clerk for Water Division No. 2). B. Anaugmentation plan for use of a portion of Applicant's not-nontributary Dawsonaquifer ground water is being sought herein. No such augmentation plan issought for any ground water in the Denver aquifer at this time and none isneeded for withdrawal and use of ground water in the nontributary Arapahoe andLaramie-Fox Hills aquifers underlying Applicant’s property. 5. Source of WaterRights: The ground water in the Dawson and Denver aquifers at this locationis classified as not-nontributary as such term is defined in §§ 37-90-103(10.7) and37-90-137(9)(c), C.R.S. The ground water contained in the Arapahoe and Laramie-Fox Hills aquifers at this location is nontributary ground water as defined in § 37-90-103(10.5), C.R.S. 6. Estimated Amounts and Rates of Withdrawal: A. Wellswill withdraw the subject amounts of ground water at rates of flow necessary toefficiently withdraw the entire decreed amounts. Applicant will withdraw the subjectground water through wells to be located at any location on Applicant's property.The estimated average annual amounts of withdrawal available from the subject

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aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R.402-6:

Land Area Saturated Ave. Annual Aquifer Acres Thickness (ft.) Amount (AF)Dawson 20 235 9.4Denver 20 480 16.3Arapahoe 20 245 8.3Laramie-Fox Hills 20 190 5.7

B. The average annual amounts available for withdrawal from the subjectaquifers will depend on the hydrogeology and the legal entitlement of the Applicantand represent a claim to all nontributary and not nontributary ground waterunderlying Applicant's property. 7. Well Fields; Additional Wells: A. Applicantrequests that this Court determine that Applicant has the right to withdraw all legallyavailable ground water lying below Applicant's property, as described herein,through the wells requested herein which may be located anywhere on Applicant'sproperty. Such wells shall be considered a well field. B. Additional wells may becompleted in the future to allow full production from a given aquifer. As additionalwells are needed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. Applicant waives the 600-foot well spacing requirement for wellsconstructed into the same aquifer within the boundaries of Applicant’s property. 8.Proposed Use: A. Applicant will use the water withdrawn from the subjectaquifers in a water system to be used, reused, successively used, and after useleased, sold, or otherwise disposed of for the following beneficial purposes:domestic, industrial, commercial, irrigation, livestock watering, recreational, fish andwildlife, aesthetic uses, and fire protection. B. Said water will be produced forimmediate application to said uses, both on and off the property, for storage andsubsequent application to said uses, for exchange purposes, for replacement ofstream depletions resulting from the use of its water or use of water from othersources, and for augmentation purposes. 9. Jurisdiction: The Water Court hasjurisdiction over the subject matter of this application pursuant to 37-92-302(2), and37-90-137(6), C.R.S. 10. Name and Address of Owners of the Land on WhichStructures are Located: The owner of the overlying land area described herein isas indicated in paragraph 1, above.PLAN FOR AUGMENTATION11. Description of Plan for Augmentation: A. Ground Water to be Augmented:1.8 acre-feet per year of the Dawson aquifer ground water to be decreed asdescribed in paragraph 6A above, to be withdrawn by three (3) separate Dawsonaquifer wells located on Applicant’s property. Each well will serve one residentialunit with an average of .6 acre-feet per year. B. Water Rights to be Used forAugmentation: Return flows from the use of fully augmented not-nontributary andnontributary ground water; direct discharge of nontributary ground water; and otheradequate replacement water sources. 12. Statement of Plan for Augmentation:A. Applicant will use Dawson aquifer ground water herein to serve as the domesticand irrigation supply of three (3) single-family homes to be constructed on theproperty. Each home will have its own Dawson aquifer well. Such ground waterwill be used for all domestic, stockwatering, and irrigation purposes at each

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homesite on Applicant's property. Each home will be equipped with anonevaporative wastewater disposal system. B. For purposes of this application, itis estimated that each residence will require an annual amount of up to 0.6 acre-feet. In-structure use will require approximately 0.3 acre-feet per year and lawn andgarden irrigation and stockwatering uses will be limited to approximately 0.3 acre-feet per year. Applicant reserves the right to amend these values based on finalannual quantities available and final planning considerations for the Applicant'sproperty. C. Consumptive use associated with in-residence uses will beapproximately 10% of the water supplied; thus 90% of such water is not consumed.It is estimated that approximately 85% of the water applied to irrigation uses will beconsumed, thus about 15% of water used for lawn irrigation purposes will percolateand return to the stream system. It is assumed that any water used for stock-watering purposes is wholly consumed by such use. D. Before any other type ofsewage treatment is proposed in the future, including incorporation of the facilityinto a central sewage collection and treatment system, Applicant, or its successorsand assigns, will amend the decree entered in this case prior to such change andthereby provide notice of the proposed change to other water users by publicationprocedures required by then existing law. 13. Replacement of Depletions: A.During the Pumping Period. (1) Pumping from the not-nontributary Dawsonaquifer at this location will result in stream depletions. Applicant will replacemodeled actual stream depletions from Dawson aquifer pumping to the affectedstream system pursuant to § 37-90-137(9)(c), C.R.S., to the extent required. (2)Stream depletions caused by such pumping occur to the Monument streamsystem, tributary to the Arkansas River. (3) Return flows from the use of Dawsonaquifer ground water will accrue to the Monument Creek/Arkansas River system,and those return flows will be sufficient to replace actual stream depletions or tofulfill all replacement obligations hereunder while such ground water is beingpumped. The following table illustrates the aggregate quantity of return flowsexpected from the use of such water in three homes:

Amount Percent AmountType of Use Used Returned ReturnedDomestic .90 AF 90% .81 AFIrrigation .81 AF 15% .12 AFStockwatering .09 AF -0- -0- AFTotal 1.8 AF .93 AF

(4) It is estimated that .93 acre-feet of water per year will return to the streamsystem, assuming the withdrawal and use of a total of 1.8 acre-feet per year by thethree planned homes. Such amount far exceeds the amount of modeled maximumannual depletion to the stream system, which is approximately 9% of the amountpumped, or about 0.16 acre-feet per year at the 100th year of pumping. SeeStream Depletion Table, Exhibit C. (Exhibit C is on file with the Application andmay be examined in the Office of the Clerk for Water Division No. 2). B. During thePeriod After Pumping Ceases: (1) Modeled stream depletions continue afterpumping ceases. At such time, however, Applicant’s successors will demonstratethat any such stream depletions which may continue to occur to the stream systemare unmeasurable, non-injurious to other water rights, and need not be replaced. In

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the event the Court finds that such stream depletions must be replaced, Applicantwill reserve an adequate amount of nontributary ground water underlyingApplicant's property or underlying property of others, and/or acquire anotheradequate post-pumping source to meet such post-pumping augmentationrequirements. (2) Amounts reserved for post-pumping replacement will be equal tothat portion of modeled stream depletions that occurs after pumping ceases. 14.Remarks: A. Applicant claims the right to withdraw more than the average annualamounts estimated in paragraph 6A above pursuant to Rule 8A of the StatewideRules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of wateravailable for withdrawal from the subject aquifers based on estimates of relativevalues for specific yield and saturated thicknesses, Applicant requests the right torevise the estimates upward or downward, based on better or revised data, withoutthe necessity of amending this application or republishing the same. C. Applicantwill withdraw the average annual amount of not-nontributary Dawson aquiferground water requested herein under the plan of augmentation requested hereinpursuant to § 37-90-137(9)(c), C.R.S. D. In compliance with House Bill 93-1060(effective March 30, 1993), Applicant will give notice to every person or entity whohas a lien or mortgage on, or deed of trust to, or other financial interest in theoverlying land recorded in the county in which the overlying land is located within10 days of the filing of this application. WHEREFORE, Applicant prays that thisCourt enter a decree granting the application herein and awarding the water rightsclaimed herein as final water rights, except as to those issues for which jurisdictionof the Court will be specifically retained. Further, Applicant asks the Court tospecifically find that: (1) Applicant has complied with § 37-90-137(4), C.R.S., andwater is legally available for withdrawal by the wells proposed herein. Jurisdictionwill be retained with respect to the average annual amounts of withdrawal specifiedherein to provide for the adjustment of such amounts to conform to actual localaquifer characteristics from adequate information obtained from wells or test holesdrilled on or near Applicant's property, pursuant to § 37-92-305(11), C.R.S. andDenver Basin Rule 9A; (2) The ground water in the Dawson and Denver aquifersat this location is not-nontributary, and ground water in the Arapahoe and Laramie-Fox Hills aquifers is nontributary; (3) During the pumping period, return flows fromthe use of not-nontributary Dawson aquifer ground water will serve as an adequatesource of replacement water to satisfy Applicant's obligation to replace actualstream depletions occurring as a result of the amount pumped; (4) Vested orconditionally decreed water rights of others will not be materially injured by thewithdrawals of Dawson aquifer ground water and the plan for augmentationproposed herein; and (5) No findings of diligence are required to maintain theDenver Basin aquifer ground water rights applied for hereby. FURTHER, Applicantprays this Court grant such other relief as it deems proper in the premises.(Application and attachments, 10 pages)----------------------------------------------------------------------------------------------------------------

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----------------------------------------------------------------------------------------------------------------CASE NO. 01CW79(W-3643) – MOUNTAIN VIEW RANCH CO., c/o Franklin E.Springer, 18840 Mountain View Drive, Buena Vista, CO 81211Application for Finding of Reasonable DiligenceChaffee County2. Name of structure: Waupaca Reservoir. 3. Describe conditional waterright giving the following from the Referee’s Ruling and Judgment andDecree: A. Date of Original Decree: October 24, 1975, Case No. W-3643,District Court, Water Division No. 2. The place of storage of 13.96 acre-feet of theWaupaca Reservoir conditional storage right was changed to Waupaca ReservoirNo. 2 and used for augmentation purposes was added by decree dated August 23,1977, Case No. W-4527, District Court, Water Division No. 2. Diligence decreeswere entered December 19, 1980, nunc pro tunc November 14, 1980, in Case No.79CW157, and April 30, 1984, in Case No. 83CW92, Both District Court, WaterDivision No. 2. A subsequent Diligence filing of Case No. W-3643 was madeSeptember 21, 1987. 13.96 acre-feet of the Waupaca Reservoir conditionalstorage right which was changed to Waupaca Reservoir No. 2 by decree of thecourt dated August 23, 1977 in Case No. W-4527, was made final and absoluteOctober 12, 1988. The remaining 59.76 acre-feet of the Waupaca Reservoirconditional storage right was continued in full force and effect until August 2001. B.Location: In the SE ¼ of the NE ¼ and the NE ¼ of the SE ¼ of Section 33,Township 12 South, Range 79 West, of the 6th P.M., Chaffee County, Colorado.C. Source: McFadden Creek, Morrison Creek Ditch No. 49, Priority No. 54 andMcFadden Ditch No. 85, Priority No. 96. D. Appropriation Date: September 1,1972. Amount: 73.72 acre-feet. E. Use: 59.76 acre-feet is decreed fordomestic, recreational and fish culture purposes; 13.96 acre-feet is decreed fordomestic, recreational, fish culture and augmentation purposes. F. Depth: (ifwell) Not applicable. 4. Provide a detailed outline of what has been donetoward completion or for completion of the appropriation and application ofwater to a beneficial use as conditionally decreed, including expenditures:During the diligence period, applicant has cleared the dam site, removing thevegetation, excavated for outlet pipe, installed outlet pipe and seep collars,compacted outlet pipe excavation with imported clay material at a cost of $7016.41.Construction is continuing.(Application and attachments, 6 pages)----------------------------------------------------------------------------------------------------------------CASE NO. 01CW80(84CW177(B))(Non-sewered Phase) and 01CW80(86CW111(B))(Non-Sewered Phase), THE BOARD OF WATER WORKS OFPUEBLO, COLORADO, c/o Alan C. Hamel, Executive Director, 319 WestFourth Street, Pueblo, CO 81002 (William A. Paddock and Peter C. Fleming,Attorneys for Applicant, Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln St.,Suite 3900, Denver, CO 80203-4539)Application to Make Conditional Water Rights Absolute and for Sexennial Findingof Reasonable Diligence in Lake, Chaffee, and Pueblo Counties.This is an Application to Make Conditional Water Rights Absolute and for aSexennial Finding of Reasonable Diligence involving certain exchange and reuse

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rights of the Board of Water Works of Pueblo, Colorado (the “Board” or the“Applicant”) previously decreed on August 3, 1995, in Consolidated Case Nos.84CW177(B)(Non-Sewered Phase), and 86CW111(B)(Non-Sewered Phase),Water Division No. 2. That decree adjudicated all issues and claims of use,reuse, and successive use by exchange of water derived from the Board'sTransmountain Sources, described in Paragraph III(D), below, and delivered tothe Arkansas River or its tributaries as diffuse return flows from the irrigation oflawns, gardens, parks, landscaping, and all other uses of water within the areaserved by the Board (the “Non-Sewered Return Flows”). The decree of August3, 1995, in Consolidated Case Nos. 84CW177(B) and 86CW111(B) excluded allissues and claims of use, reuse, and successive use by exchange of waterderived from the Board's Transmountain Sources that are delivered to theArkansas River or its tributaries from points of discharge (the “Sewered ReturnFlows”). All issues and claims regarding exchange of the Board’s SeweredReturn Flows are the subject of the decrees entered February 24, 1988, in CaseNo. 84CW177(“Sewered Phase”), and December 4, 1992, in Case No.86CW111(“Sewered Phase”).I. Name, Address and Telephone Number of Applicant: Attention: Alan C.Hamel, Executive Director, Board of Water Works of Pueblo, Colorado, 319 WestFourth St., Pueblo, CO 81002. Phone: (719) 584-0221. II. Name ofStructures (Utilized for Exchange and Reuse): A. Diversion Facilities: 1.Pueblo Reservoir. The point of diversion of Pueblo Reservoir is at a point at theintersection of the Pueblo Dam axis and the Arkansas River whence theNortheast corner of Section 36, Township 20 South, Range 66 West of the 6thP.M., bears North 61°21'20" East a distance of 2,511.05 feet. Said reservoirinundates all or portions of Sections 7, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30,31, 32, 33, 34, 35, and 36, Township 20 South, Range 66 West of the 6th P.M.;Sections 1, 2, 3, 4, 5, 9, 10, and 11, Township 21 South, Range 66 West of the6th P.M.; and Sections 5, 8, 9, 13, 14, 15, 16, 22, 23, and 25, Township 20South, Range 67 West of the 6th P.M. 2. Clear Creek Reservoir. Clear CreekReservoir is located on Clear Creek in Sections 7 and 8, Township 12 South,Range 79 West of the 6th Principal Meridian, and Section 12, Township 12South, Range 80 West of the 6th Principal Meridian, in Chaffee County. 3. TwinLakes Reservoir. Twin Lakes Reservoir is formed by a dam across Lake Creekin Lake County in Section 23, Township 11 South, Range 80 West of the 6thPrincipal Meridian, as described in the decree in Case No. 80CW6 (DistrictCourt, Water Division No. 2), dated October 23, 1980. 4. Turquoise Lake. Turquoise Lake is formed by a dam across Lake Fork Creek in Lake County inSection 19, Township 9 South, Range 80 West of the 6th Principal Meridian asdescribed in the decree in Case No. 80CW6 (District Court, Water DivisionNo. 2), dated October 23, 1980. 5. Northside Intake. The Board’s NorthsideIntake headgate is situate on the North bank of the Arkansas River in PuebloCounty, Colorado, in the Northwest quarter of the Northeast quarter of Section33, Township 20 South, Range 65 West of the Sixth Principal Meridian, at ornear a point which lies South 74°14'30" West, 2673.9 feet from the Northeastcorner of said Section 33. 6. Southside Intake. the Board’s Southside Intake

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headgate is located on the right bank of the Arkansas River at a point whencethe west quarter corner of Section 34, Township 20 South, Range 65 West of the6th Principal Meridian bears south 69°35' west 1478 feet. 7. Comanche PumpStation. Comanche Pump Station is located as follows: Considering the southline of the SE¼ of Section 31, Township 20 South, Range 65 West of the 6th

P.M., to bear N. 89 degs. 24'53" E with all bearings contained herein beingrelative thereto: Beginning at a point on the northerly right-of-way line of theDenver and Rio Grande Western Railroad from which the Southwest 1/4 cornerof the Southeast 1/4 of said Section 31, bears S 00 degs. 39'25" E, a distance of660.62 feet; thence N 47 degs. 12'21" E, a distance of 58.61 feet; thence N 02degs. 29'30" W, a distance of 80.47 feet; thence N 87 degs. 30'30" E, a distanceof 132.5 feet; thence N 02 degs. 29'30" W, a distance of 92.5 feet to the point ofdiversion. III. Describe Conditional Exchange and Reuse Water Rights asdecreed in Consolidated Case Nos. 84CW177(B) and 86CW111(B): A. Dateof Original Decree: Consolidated Case Nos. 84CW177(B) and 86CW111(B),August 3, 1995, District Court, Water Division No. 2, State of Colorado. B.Exchange Priority Date: Case No. 84CW177(B), May 18, 1976. Case No.86CW111(B), July 1, 1985. C. Use: All beneficial uses for which the waters tobe exchanged and reused are decreed, including the uses set forth in the decreein Consolidated Case Nos. 84CW177(B) and 86CW111(B). D. Source ofWater for Exchange and Reuse: The water rights that are to be utilized in theexchange and reuse programs described herein are return flows derived fromsources of supply that are not native or tributary to the Arkansas River. Saidwaters include return flows, after use in the Board’s municipal water system andreturn flows from other water users supplied by the Board, derived from theBoard’s ownership interests in the following sources of supply: 1. The EwingPlacer Ditch. Ewing Placer Ditch diverts water from Piney Creek a tributary ofthe Eagle River, and carries the water across the Continental Divide intoTennessee Creek for delivery to the Arkansas River. The Ewing Placer Ditchwas decreed on November 13, 1911, with appropriation date of June 1, 1906, bythe District Court, Eagle County, Civil Action No. 507. 2. The Columbine Ditch. Columbine Ditch diverts water from three branches of the East Fork of the EagleRiver, and carries such water across the Continental Divide for delivery into theWest Branch of Chalk Creek, a tributary of the Arkansas River. The ColumbineDitch was decreed on October 3, 1936, with an appropriation date of June 21,1930, by the District Court, Eagle County, Civil Action No. 963. 3. The WarrenE. Wurtz Ditch (also known as the Warren E. Wurts Ditch). Warren E. WurtzDitch diverts water from Bennett Creek, Mitchell Creek, and side tributaries ofthose creeks, all of which are tributaries of the Eagle River. The ditch carrieswater across the Continental Divide into West Tennessee Creek for delivery tothe Arkansas River. The Warren E. Wurtz Ditch was decreed on October 3,1936, with an appropriation date of June 8, 1929, by the District Court, EagleCounty, Civil Action No. 963. 4. The Wurtz Extension Ditch. Wurtz ExtensionDitch diverts water from Yoder Creek, East Fork of Yoder Creek, and RuleCreek, tributaries of the Eagle River. The ditch connects to the Warren E. WurtzDitch, which then carries water across the Continental Divide into West

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Tennessee Creek for delivery to the Arkansas River. The Wurtz Extension Ditchwas decreed on October 21, 1982, with an appropriation date of October 26,1953, by the District Court, Water Division No. 5, Case No. 80CW505. 5. TheBusk-Ivanhoe System. Busk-Ivanhoe System diverts water from Hidden LakeCreek, Pan Creek, Lyle Creek, and Ivanhoe Creek, all tributaries of the FryingPan and Roaring Fork Rivers, and carries such water through the ContinentalDivide for delivery into Busk Creek on the headwaters of the Arkansas River. The System was decreed by absolute decree of the District Court, GarfieldCounty, in Case No. 2621 dated January 9, 1928, with appropriation datesdiffering for various components of the system as more fully set forth in thereferenced decree. Other absolute decrees were entered in Civil Actions No.3082 and 4033. The decrees were entered by the District Court, GarfieldCounty. The Board owns an undivided one-half interest in these water rights. 6.The Homestake Project diverts water from the headwaters of tributaries of theEagle River in Eagle County. The water rights were conditionally adjudicated bythe decree in Civil Action No. 1193 (District Court, Eagle County) dated June 8,1962. These water rights have an appropriation date of September 22, 1952. By an assignment of interest from the City of Aurora, the Board has the annualright to receive 2500 acre-feet of Homestake Project Water delivered atTurquoise Lake. 7. The Independence Pass Transmountain Diversion Systemdiverts water from the headwaters of the Roaring Fork River and its tributaries inPitkin County. The water rights were adjudicated by a decree in Civil Action No.3082 (District Court, Garfield County) dated August 25, 1936, and were modifiedby a decree in Case No. W-1901 (District Court, Water Division No. 5), datedMay 12, 1976. These water rights have an appropriation date of August 23,1930. The Board has the right to utilize a portion of such waters and the returnflows therefrom by virtue of its ownership of shares of the Twin Lakes Reservoirand Canal Company. 8 The Fryingpan-Arkansas Project diverts water from theheadwaters of Hunter Creek and the Fryingpan River and its tributaries in PitkinCounty. The water rights were adjudicated by the decrees in Civil ActionNo. 4613 (District Court, Garfield County) dated June 20, 1958, and August 3,1959, and were modified by the decree in Case No. W-829-76 (District Court,Water Division No. 5) dated November 27, 1979. These water rights have anappropriation date of July 29, 1957. By this Application, the Board does not seekany rights of use of Fryingpan-Arkansas Project structures, or any rights ofownership or rights to purchase or receive allocation of Fryingpan-ArkansasProject water or return flows from Fryingpan-Arkansas Project water, but thisdoes not alter any existing rights the Board may otherwise have. Return flowsfrom the Fryingpan-Arkansas Project will be utilized for exchanges and reuseonly after they are purchased from the Southeastern Colorado WaterConservancy District. All of the sources of supply described in Paragraph No.III(D) are waters not native and not naturally tributary to the Arkansas River Basinand are referred to as “the Transmountain Sources.” All of the TransmountainSources have been decreed to include municipal purposes. E. Location andAmounts of Decreed Exchange Reaches: 1. The return flows resulting from useof the water derived from the Transmountain Sources are quantified and

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accounted for pursuant to the decree in Consolidated Case Nos. 84CW177(B)and 86CW111(B) and accrue to the Arkansas River or its tributaries above theAvondale Gage and then are exchanged upstream to the Diversion Facilitiesidentified in Paragraph II(A), pursuant to the terms and conditions of the decreesentered in Case Nos. 84CW177, 86CW111, and Consolidated Case Nos.84CW177(B) and 86CW111(B). In addition, the return flows stored by exchangein the Diversion Facilities identified in Paragraph II(A)(1-4) can be exchanged intostorage in a different Diversion Facility identified in Paragraph II(A)(1-4). 2. TheNon-Sewered Transmountain Return Flow is part of the same appropriativerights of exchange and reuse program decreed in the sewered phases of CaseNos. 84CW177 and 86CW111. The Non-Sewered Transmountain Return Flowprovides up to 5.30 c.f.s. of water in addition to the measured dischargesdecreed in Case Nos. 84CW177 and 86CW111. This additional quantity of wateris included within, but does not limit or reduce, the exchanges decreed in theamount of 60.0 c.f.s. in each Case No. 84CW177 and Case No. 86CW111. TheNon-Sewered Transmountain Return Flow is exchanged under the priority of theappropriative right of exchange with appropriation date of May 18, 1976, decreedin Case No. 84CW177 and/or under the appropriative right of exchange withappropriation date of July 1, 1985, as decreed in Case No. 86CW111. The Non-Sewered Transmountain Return Flow accrues to the Arkansas River above theAvondale Gage and is exchanged upstream to the same facilities and samepoints of diversion and storage as identified in the decrees in Case Nos.84CW177 and 86CW111. IV. Provide a Detailed Outline of What Has BeenDone Toward Completion or for Completion of the Appropriation andApplication of Water to Beneficial Use as Conditionally Decreed, IncludingExpenditures: The Applicant operates a unified and integrated municipal watersupply system consisting of numerous individual components. Thosecomponents include, but are not limited to, the many individual water rights,sources of supply and points of diversion described in this Application, and theabsolute and conditional exchange and reuse rights that are the subject of thisApplication. During the period from August 3, 1995, through August 31, 2001(the “Diligence Period”), the Board carried out exchanges as contemplated andauthorized by the decree in Consolidated Case Nos. 84CW177(B) and86CW111(B). In addition, the Board spent substantial sums of money anddevoted many thousands of man hours to the operation, maintenance,development, and protection of its unified and integrated municipal water supplyand treatment system, including work by engineering consultants and attorneys.During the Diligence Period, the total amount spent by the Board for all of thesepurposes exceeded $98,700,000.00. The principal activities undertaken by theBoard during the Diligence Period related to the operation of the exchange andreuse rights decreed in Consolidated Case Nos. 84CW177(B) and 86CW111(B),included the following: (1) the purchase and installation of data-recording andtransmission devices at Clear Creek Reservoir used for data collection inoperating the exchange rights decreed in Case Nos. 84CW177, 84CW178, and86CW111; (2) operation and improvement of accounting programs used to trackthe operation of the exchanges; (3) water quality monitoring; (4) engineering

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analyses of the timing, location, and amount of return flows; (5) replacing thepressure transducer and steel outlet liner, and implementing seepage controlmeasures at Clear Creek Reservoir; and (6) constructing a major riprap erosioncontrol structure at the Columbine Ditch discharge. The Board also implementedmajor improvements to its water supply transmission, treatment, and distributionsystems necessary to supply customers with water within its water service area.This work included a major expansion of the Whitlock Raw Water TreatmentPlant; securing a contract and easement with the United States Bureau ofReclamation (“USBR”) and beginning the construction of a new primary rawwater delivery pipeline from the Pueblo Dam South Outlet Works to theexpanded Whitlock Plant; and securing a long-term contract with the USBR forstorage at Pueblo Reservoir. In addition, the Board continued makingimprovements to water collection system facilities, storage reservoirs, watertransmission pipelines, and distribution system mains and meters. The waterdelivered through the Board’s collection, treatment, and delivery system includesthe water diverted under the exchange rights that are the subject of thisApplication. In addition, a part of the water treated by those facilities andsupplied to the Board’s customers becomes available to the Board for exchangeas contemplated by the decree in Consolidated Case Nos. 84CW177(B) and86CW111(B). During the Diligence Period, the Board also filed applications forand completed a number of adjudications of water rights that comprise portionsof the Board’s unified and integrated water supply system. These activitiesincluded, but were not limited to: (1) obtaining a decree for the HARP Project inCase No. 93CW86 (Water Division No. 2); (2) completing the change of waterrights in Case No. 90CW55 (Water Division No. 2); (3) filing, prosecuting, andobtaining Findings of Reasonable Diligence in Case Nos. 94CW9, 98CW171,and 00CW29 (Water Division No. 2) and Case No. 99CW271 (Water Division No.5); and (4) filing Applications to Make Conditional Water Rights Absolute and forFindings of Reasonable Diligence in Case Nos. 01CW67 and 01CW68, WaterDivision No. 2. The Board has also acted to preserve and protect all of its waterrights by filing Statements of Opposition to and participating in other water rightsproceedings. The work performed and actions taken by the Board during theDiligence Period demonstrate the Board’s continuing intent to develop theconditional exchange and reuse rights that are the subject of this Application andfurther demonstrate that the subject water can be and will be diverted, stored, orotherwise captured, possessed, and controlled and will be beneficially used andthat the project can and will be completed with diligence and within a reasonabletime. V. If Claim to Make Absolute, Water Applied to Beneficial Use: Exceptto the extent the exchange and reuse rights are claimed to be and are madeabsolute in this proceeding, the Board seeks a Finding of Reasonable Diligencefor the full amount of all remaining conditional exchange and reuse rightsdecreed in Consolidated Case Nos. 84CW177(B) and 86CW111(B). The Boardhas exchanged, placed to beneficial use (reuse), and requests and is entitled tohave made absolute the following: A. 84CW177(B) Exchanges: 1. 0.34 c.f.s.from the Arkansas River at or above the Avondale Gage upstream to PuebloReservoir; and 2. 0.28 c.f.s. from the Arkansas River at or above the Avondale

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Gage upstream to Clear Creek Reservoir. B. 86CW111(B) Exchanges: 1. 0.75c.f.s. from the Arkansas River at or above the Avondale Gage upstream to theNorthside Intake. WHEREFORE, the Board requests the Court to enter a decree:1. Making absolute the conditional exchange and reuse rights to the extentrequested in this Application; 2. Confirming that the Board maintains a singleunified and integrated water system and that diligence on any feature of thatsystem shall be considered in finding reasonable diligence in the development ofall conditional features of the system, including the conditional exchange andreuse rights that are the subject of this Application; and 3. Finding that theBoard has exercised reasonable diligence and met all applicable standards on allthe conditional exchange and reuse rights decreed in Consolidated Case Nos.84CW177(B) and 86CW111(B), to the extent not made absolute, continuingthose conditional rights in good standing, and fixing a date when a furtherapplication for a finding of reasonable diligence is required.(Application and attachments, 11 pages)---------------------------------------------------------------------------------------------------------THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAYAFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFOREADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTEDRIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIMEPROVIDED BY STATUTE, OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose anapplication, or application as amended, may file with the Water Clerk a verifiedstatement of opposition setting forth facts as to why the application should not begranted, or why it should be granted only in part or on certain conditions, suchstatement of opposition must be filed by the last day of October 2001, (formsavailable at Clerk’s office, must be submitted in quadruplicate, after servingparties and attaching a certificate of mailing, filing fee $45.00). The foregoing areresumes and the entire application, amendments, exhibits, maps and any otherattachments filed in each case may be examined in the office of the Clerk forWater Division No. 2, at the address shown below.---------------------------------------------------------------------------------------------------------

Witness my hand and the seal of this Court this _____ day of September,2001.

________________________________Mardell R. Cline, ClerkDistrict Court Water Div. 2203 Judicial Bldg., 320 W. 10th StreetPueblo, CO 81003 Tel. 583-7048

(Court seal)Published: September ______, 2001.

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