1

DISTRICT COURT, WATER DIVISION 1, COLORADO MAY 2007 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of MAY 2007 for each County affected. 07CW93 JAMES R. AND BARBARA J. WACKER, 35 WYANDOT WAY, COMO, CO 80432. (P.O. Box 2126, FAIRPLAY, CO 80440.) Telephone: (719) 836-4558. APPLICATION FOR UNDERGROUND WATER RIGHT IN PARK COUNTY. Name of Well: Wacker Well, permit #61628-F. Legal description: NW1/4, SW1/4, S21, T9S, R75W of the 6th PM at a distance 1340 feet from South and 465 feet from West. Street address: 35 Wyandot Way. Subdivision: Indian Mountain, Lot 14, Filing 4. Depth: 290 ft. Date of appropriation: 09-07-2004. How appropriation was initated: Permit applied for. Date water applied to beneficial use: Installation report. Amount claimed: 4 gpm Absolute. Amount claimed in acre feet annually: 1 acre feet. Use: household use only. 07CW94 REGNIER FARM INC, JULES C. REGNIER, 1250 WCR 20, LONGMONT, CO 80504. Telephone: (303) 776-5405. APPLICATION TO MAKE ABSOLUTE IN WELD COUNTY. Name of Structure: Ken-Reg Reservoir. Date of original decree: March 14, 2001 in Case No. 00CW40 in Water Division 1. Legal description: NE1/4, SE1/4, S19, T2N, R68W of the 6th PM at a distance 1345 feet from South and 10 feet from East. Source: Seep water from field drains. Appropriation date: March 20, 2000. Amount 20 acre ft. Use: Fish propagation, recreational and water fowl breeding. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed: A 3.5 acre pond has been built, a gated overflow installed, a diversion to move field drain water into pond, fish species stocked, an island built and seeded for water fowl nests. Date water applied to beneficial use: May 2001. Amount: 20 acre ft. Description of place of use where water is applied to beneficial use: 3.5 acre pond with rip-raped dam and 1/2 acre wet land on upper side of pond. Also a thirty by thirty foot vegetated island in upper end of pond. Landowners: Willard and Tanya Kenyon, 603 WCR 18, Longmont, CO 80504; Regnier Farms, Inc., 500 WCR 20, Longmont, CO 80504; Jules Regnier, 1250 WCR 20, Longmont, CO 80504. 07CW95 Applicants: McClary Farms, Inc., Attn: Rob McClary, 14100 CR 13.5, Sedgwick, CO 80749, (970)580-8977. APPLICATION FOR NEW WATER RIGHTS IN SEDGWICK COUNTY. Future correspondence and pleadings to: Sara J.L. Irby, Fischer, Brown & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407-9000. 2. Purposes of Application: The purpose of this application is to obtain a new water right to “supplement” the water right decreed in Case No. W-5002, Water Court, Water Division No. 1, State of Colorado for Well No. 7038-R (the “Well”). Applicant proposes to use the Well pursuant to this new water right to irrigate a total of approximately 134 acres located within the E1/2 of the NE1/4 of Sec. 8 and the W1/2 of the NW1/4 of Sec. 9, T11N, R46W, of the 6th P.M., Sedgwick County, CO. 3. Well permit: Well No. 7038-R . 4. Legal description of well: The Well is located in the NE1/4 of the NE1/4, Sec. 8, T11N, R46W of the 6th P.M., Sedgwick County, CO at a point 389 feet south and 1,294 feet west of the NE corner of said Sec. 8. 5. Source and Depth: A. Source: Ground water. B. Depth: 52 feet. 6. Appropriation: A. Date of appropriation: Date of filing this application. B. How appropriation was initiated: Filing of this application. C. Date water applied to beneficial use: N/A. 7. Amount claimed: 2.00 c.f.s. CONDITIONAL. 8. Proposed use: Applicant proposes to use the Well pursuant to this new water right and W-5002 to irrigate approximately 134 acres in the E1/2 of the NE1/4 of Sec. 8, and the W1/2 of the NW1/4 of Sec. 9, T11N, R46W, of the 6th P.M. Sedgwick County, CO. This use shall be in addition to the use

2

decreed in Case No. W-5002. Water pumped pursuant to Case No. W-5002 shall only be used to irrigate the E1/2 of the NE1/4 of Sec. 8. 9. The decree obtained herein will provide that the Well will not pump except pursuant to a decreed augmentation plan or approved substitute water supply plan. The Well currently is included in the Sedgwick County Well Users, Inc. augmentation plan, Case No. 2003CW209, District Court, Water Division 1. 10. To the extent necessary to conform the Well herein with the water right requested in this application, Applicant will obtain an amended or revised well permit for the structure named herein. 11. Land Ownership: McClary Farms, Inc., Attn: Rob McClary, 14100 CR 13.5, Sedgwick, CO 80749. 07CW96 1. Applicant: Hoshiko Farms, Inc. (“Hoshiko” or “Applicant”), c/o Dennis J. Hoshiko, P.O. Box 119, Kersey, CO 80644, (970) 330-8780. APPLICATION FOR APPROVAL OF CHANGE OF WATER RIGHTS IN WELD COUNTY. Future correspondence and pleadings to: Daniel K. Brown, Sara J.L. Irby, Fischer, Brown & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407-9000. 3. Decreed name of structures for which change is sought: Greeley Canal No. 3 and Fossil Creek Reservoir based upon the Greeley Irrigation Company’s ownership of 60 preferred rights in Fossil Creek Reservoir. 3. From Previous Decrees: (A) Greeley Canal No. 3. (1) The water rights of the Greeley Canal No. 3 were decreed on April 11, 1882, in Civil Action No. 320, District Court, Larimer County. (2) Decreed point of diversion: The headgate of the Greeley Canal No. 3 is located on the South side of the Cache La Poudre River in the NW1/4 of the SE 1/4 of S32, T6N, R66W of the 6th P.M., Weld County, at a point 1,900 feet West and 2,200 feet North of the southeast corner of said Sec. 32. (3) Source: Cache La Poudre River. (4) Appropriation Dates and Amounts:

Date Amount April 1, 1870 52 c.f.s. October 1, 1871 41 c.f.s. July 15, 1872 63.13 c.f.s. May 15, 1873 16.67 c.f.s.

(B) Fossil Creek Reservoir (all decreed by the District Court in Larimer County):

Priority Approp. Date Amount (AF.) Adj. Date-Case No. Original Constr. 3/5/1901 12,052 10/28/1909-1591* (Priority No. 40) First Enlargement 6/1/1904 1,545 4/22/1922-20317 (Priority No. 66) Second Filling (Refill 3/5/1901 12,052 9/10/1953-11217 (Priority No. 136E)

*Date of Revised Final Findings and Decree in Civil Action No. 1591.

(C) Historical Use: Applicant owns and seeks to change herein 11.5 shares (“subject water rights”) of the 519.7 outstanding shares in the Greeley Irrigation Company (“GIC”). GIC owns a 5/8th interest in the water rights decreed to the Greeley Canal No. 3, as well as 60 preferred rights in Fossil Creek Reservoir. The City of Greeley owns the remaining 3/8th interest in the water rights decreed to the Greeley Canal No. 3. The subject water rights have historically been used for irrigation purposes on various parcels served by the GIC. These parcels include parcels E-56, E-46, E-88, E-90b, E-109c and W-22. Applicant’s share ownership in the GIC entitles it to delivery of Fossil Creek Reservoir water. 4. Proposed Change: Applicant seeks to change the use of the subject water rights to include, in addition to existing uses, augmentation, replacement,

3

recharge and exchange purposes. Applicant intends to make the fully consumable portion of the changed water right available for augmentation use in Applicant’s proposed augmentation plan in Case No. 03CW250, and/or other augmentation plans capable of utilizing the subject water rights for augmentation purposes including but not limited to: Union Ditch Company and Union Well Augmentation Company’s Augmentation Plan (Case No. 03CW404) and the Ogilvy Augmentation Plan (Case No. 03CW150). Applicant proposes to change the subject water rights in accordance with the ditch-wide historic use analysis, consumptive use provisions and other applicable requirements contained in the decree entered by the Court in Case No. 96CW658, In the Matter of the Application for Water Rights of the Poudre Prairie Mutual Reservoir & Irrigation Company. In Case No. 96CW658, the Applicant conducted a ditch-wide analysis to determine the historic consumptive use of each share of GIC water rights during the period of 1950-1979, a period that the court found representative of historic use. This Court found that during this period the average annual diversion of GIC direct flow water rights was 11,400 acre feet. Thus the diversions attributable to Applicant’s shares would be approximately 252 acre feet annually, on average. The decree found that the average annual consumptive use per share under the GIC system was 10.31 acre feet. The decree in the case further provided, at paragraph 20, that other owners of shares in the GIC system could rely upon the findings made in the decree regarding historic consumptive use of GIC shares in any subsequent change application, in the absence of any showing of later events which the court did not address in 96CW658 and which are germane to the question of injury. The Applicant asserts that the historic consumptive use of the subject water right should thus be determined to be approximately 118.5 acre feet on an average annual basis. Applicant shall replace all historic return flows from the irrigation use of such water to the extent necessary to prevent legal injury to senior water rights and shall not use the said water rights unless such replacement is made. 5. Ownership: The Greeley Irrigation Company, 1135 8th Avenue, Greeley, CO 80631-4087; Hoshiko Farms, Inc., c/o Dennis J. Hoshiko, 28670 Weld County Road 50, Kersey, CO 80644 07CW97, TeSodCo, LTD., c/o Stephen F. Cooper, 2004 North Wharton Street, P.O. Box 1616, El Campo, TX 77437, (979) 543-6051 (Steven P. Jeffers, Esq., Mark D. Detsky, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900.) APPLICATION FOR CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION IN ADAMS COUNTY. CHANGE OF WATER RIGHTS 2. Decreed names of structures for which change is sought: Mathews Well Nos. 1-1383, 2-1384, 3-13067, 4-3499, 5-1385, and 6-5730. WDID Nos. 0207118-0207123. 3. Previous decrees for water rights to be changed: A. Date of Decree, Case No., and Court: Case No. W-2854, District Court Water Division No. 1, entered October 4, 1973. A copy of the decree is attached as EXHIBIT A. Copies of all well permits, well completion reports and statements of beneficial use are attached as EXHIBIT B. B. Location of points of diversion: Well No. 1-1383 is decreed in the SW1/4 of SE1/4 of Section 26, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado, at a point 50 feet north and 3,440 feet east of the SW corner of said Section 26. The actual location of Well Permit 1383-R is 20 feet from the north line and 3,390 feet from the west line of Section 25. Well No. 2-1384 (Permit No. 1383-R) is decreed in the NW1/4 of SE1/4 of Section 26, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado, at a point 1,320 feet north and 1,500 feet west of the SE corner of said Section 26. Well No. 3-13067 is decreed in the SW1/4 of SE1/4 of Section 26, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado, at a point 1,320 feet north and 1,750 feet west of the SE corner of said Section 26. The actual location of Well Permit 13067-F is 1,300 feet from the south line and 2,030 feet from the east line of Section 26. Well No. 4-3499 is decreed in the NW1/4 of SW1/4 of Section 25, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado, at a point 1,320 feet north and 520 feet east of the SW corner of said Section 25. The actual location of Well Permit No. 3499-RF is 1,330 feet from the south line and 600 feet from

4

the west line of Section 25. Well No. 5-1385 is decreed in the NW1/4 of NE1/4 of Section 26, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado, at a point 3,960 feet north and 1,520 feet west of the SE corner of said Section 26. The actual location of Well Permit 1385 is in the SW1/4 of NE1/4 of Section 26, 1,480 feet from the north line and 1,480 feet from the east line of Section 26. Well No. 6-5730 is decreed in the NW1/4 of NE1/4 of Section 26, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado, at a point 3,960 feet north and 1,710 feet west of the SE corner of said Section 26. The actual location of the replacement Well Permit 5730-FR is 1,180 feet from the north line and 1,710 feet from the east line of Section 26. C. Decreed Source: Groundwater. D. Appropriation Dates: Well No. 1-1383 October 31, 1951, Well No. 2-1384 August 31, 1954, Well No. 3-13067 April 30 1960, Well No. 4-3499 April 30, 1962, Well No. 5-1385 August 31, 1955, Well No. 6-5730 June 30, 1964. E. Decreed Amounts: Well No. 1-1383 2.22 cfs, Well No. 2-1384 1.33 cfs, Well No. 3-13067 1.11 cfs, Well No. 4-3499 0.61 cfs, Well No. 5-1385 2.33 cfs, Well No. 6-5730 1.11 cfs, F. Decreed use: Well Nos. 1-1383, 2-1384, 3-13067, 5-1385, and 6-5730 are decreed for irrigation of approximately 320 acres in the East half of Section 26. Well No 4-3499 is decreed for irrigation of approximately 160 acres in the West half of Section 25. 4. Historic use: The water rights for the wells have historically been used for irrigation of a total of 480 acres of land in the East half of Section 26 and West half of Section 25, T1S, R65W, 6th P.M. in Adams County. Applicant currently irrigates approximately 313 acres. The locations of these structures and the irrigated lands are shown on the map attached as EXHIBIT C. There are no diversion records for these wells maintained by the State Engineer. The wells have been included in the plan for augmentation decreed to the Central Colorado Water Conservancy District, Groundwater Management Subdistrict (“Central GMS”) in Case No. 02CW335, and will continue to be used under that plan in addition to this plan. 5. Proposed changes: Applicant seeks to change the place of use of all 6 wells described above to allow continued irrigation of up to 480 acres anywhere within the SE1/4 of Section 23, E1/2 of Section 26 and W1/2 of Section 25, all within T1S, R65W, 6th P.M. in Adams County, without restriction on the place of use of the individual wells within that area. This change will allow all water rights to be used in a combined system for more economical irrigation of the property. This change will not result in any increase in the number of acres irrigated or the amount of water diverted or consumed from the subject wells. Applicant also seeks approval of a change in point of diversion for Well No. 3-13067 to recognize the actual well location which is more than 200 feet from the decreed location, and a change or correction in the decreed location for Well No. 5-1385 less than 200 feet from its decreed location to recognize the well is in the SW1/4 of NE1/4 of Section 26, not the NW1/4 of NE1/4, and to recognize the actual distance from the section lines. All other wells are within 200 feet of their decreed locations. These changes, if approved, will apply to use of the wells under this plan for augmentation and under the Central GMS decree. Applicant’s wells are already included in the Central GMS decree, and no change of that decree is required as a result of the changes requested in this application. 6. Names of Owners of land upon which structures are located and where water is used: Applicant. PLAN FOR AUGMENTATION 7. Name of Structures to be augmented: Mathews Well Nos. 1-1383, 2-1384, 3-13067, 4-3499, 5-1385, and 6-5730. The water rights diverted from these structures are described in paragraph 3 above. 8. Previous decrees for water rights to be used for augmentation: A. Date of Decree, Case No. and Court: 2002CW070 decreed February 20, 2003, 2002CW112 decreed December 12, 2003, and 2003CW196 decreed February 24, 2004, by the District Court, Water Division No. 1. Also Case Nos. 86CW213 and 86CW230 decreed September 28, 1989. These decrees were amended on April 24, 1998 in 86CW213(V) and 86CW230(V). Copies of those decrees are attached as EXHIBIT D. B. Type of Water Right: Nontributary ground water in the Upper Arapahoe, Lower Arapahoe and Laramie Fox Hills aquifers. C. Legal Description of Points of Diversion: 2002CW070 allows Applicant to construct wells in each aquifer anywhere on the overlying land decreed as 410 acres in the West 772.33 feet of Section 25 and the East half of Section 26, T1S,

5

R65W, 6th P.M. in Adams County as shown on the map attached as EXHIBIT C. 2003CW196 allows Applicant to construct wells in each aquifer anywhere on the overlying land decreed as 160 acres in the SE1/4 of Section 23, T1S, R65W, 6th P.M. in Adams County. 2002CW112 allows for construction of wells in each aquifer anywhere in Section 25, T1S, R65W, 6th P.M., except the West 772.33 feet thereof. Applicant owns 80 acres of that property in the W1/2 of Section 25 described as Parcel L of the Mathews Farms Planned Unit Development, Adams County, Colorado. Applicant has applied for new well permits under Case No. 2002CW070 to construct an Upper Arapahoe aquifer well in the SW1/4 of SW1/4 of Section 25, T1S, R65W, 6th P.M., 465 feet from the south section line and 770 feet from the west section line; a Lower Arapahoe aquifer well in the SW1/4 of SW1/4 of Section 25, T1S, R65W, 6th P.M., 440 feet from the south section line and 770 feet from the west section line; and a new Laramie-Fox Hills well in the SW1/4 of SW1/4 of Section 25, T1S, R65W, 6th P.M., 480 feet from the south section line and 770 feet from the west section line. Copies of the well permit applications are attached as EXHIBIT E. D. Sources and amounts: Applicant is the owner of nontributary groundwater in the amount of 69.7 acre-feet per year decreed from the Upper Arapahoe, 69.7 acre feet per year decreed from the Lower Arapahoe and 73.8 acre feet per year decreed from the Laramie-Fox Hills aquifers in Case No. 2002CW070. Applicant is the owner of nontributary groundwater in the amount of 16.958 acre-feet per year decreed from the Upper Arapahoe, 12.8975 acre feet per year decreed from the Lower Arapahoe and 16.1693 acre feet per year decreed from the Laramie-Fox Hills aquifers in Case No. 2002CW112. Applicant also owns 31 acre-feet per year decreed from the Upper Arapahoe, 32 acre feet per year decreed from the Lower Arapahoe, and 31 acre feet per year decreed from the Laramie-Fox Hills aquifers in Case No. 2003CW196. Applicant is also entitled to withdraw and use additional amounts per year based upon the banking provisions of those decrees. E. Decreed uses: Municipal, domestic, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial uses on or off the subject properties, including reuse and successive use, use for exchange purposes, for direct replacement of depletions and for other augmentation purposes, including taking credit for return flows for augmentation purposes or as an offset against any out-of-priority depletions. Such water may be used, leased, sold or otherwise disposed of to extinction subject to relinquishment requirements. 9. Historical use: The historical use of Applicant’s nontributary ground water is not relevant. 10. 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.: This plan is intended to augment the six wells described above to the extent the use of such wells may cause out-of-priority depletions. This plan is intended to supplement the plan for augmentation decreed to Central GMS as long as the wells remain enrolled in that plan. Any out of priority depletions resulting from pumping the wells under this plan shall be augmented under this plan. Applicant plans to divert water from the Box Elder Creek aquifer through the wells described above for continued irrigation use on the decreed lands. Total average annual well pumping under this plan from all 6 tributary wells combined is estimated to be approximately 441 acre feet per year. Total average annual consumptive use depletions from Applicant’s irrigation use are estimated to be approximately 353 acre feet based upon 80% consumptive use from Applicant’s center pivot irrigation system. The timing and amount of actual depletions will be lagged depending upon the distance between each well and Box Elder Creek. Applicant will replace net out-of-priority depletions in amount, time and location as needed to prevent injury to senior vested water rights. Such depletions will be replaced by delivering Applicant’s nontributary ground water to Box Elder Creek at or above the senior calling water rights by direct discharge, by taking credit for irrigation return flows from the use of such water on the subject property, or by delivery through an infiltration structure adjacent to Box Elder Creek. Applicant’s nontributary wells will be constructed during this irrigation season. The infiltration site or delivery point for Applicant’s nontributary ground water will be located generally in the W1/2 of W1/2 of Section 25, T1N, R65W, 6th P.M. in Adams County.

6

Applicant’s Box Elder Creek aquifer wells are included in the Central GMS decree in Case No. 2002CW335. Applicant will provide water under this application to replace out-of-priority stream depletions from Applicant’s wells to the extent such well pumping is not covered by Applicant’s Central GMS contracts under the Central GMS quota each year, in order to maximize the allowed annual pumping from the subject wells. Applicant may also lease other nontributary water or other augmentation water, including reusable effluent to provide a temporary source of augmentation water while the application is pending, in addition to the sources described above. Reusable effluent may be delivered under such leases from the Metropolitan Denver Waste Water Treatment Plant or other municipal waste water treatment plants down the South Platte River or its tributaries to the confluence of Box Elder Creek and the South Platte River. The Metro Treatment Plant outfall discharges to the South Platte River in Section 1, T3S, R68W, 6th P.M., in Adams County, Colorado. The use of the nontributary ground water and effluent deliveries will allow Applicant to deliver water throughout the year as needed to replace net out-of-priority depletions, or to satisfy Applicant’s winter return flow or other replacement obligations. Applicant is not a member of the Metro Wastewater Reclamation District and does not have any contracts with Metro for treatment of wastewater. Nothing stated in this application shall affect or prejudice any of Metro’s rights and obligations to any of its members as they existed immediately prior to filing this application. Inclusion of Metro’s Central Treatment Plant outfall as a place of replacement is without prejudice to the rights of Metro to seek a future determination of the rights and obligations, if any, of Metro or any of its members regarding any change of location of such outfall. Applicant shall include these conditions in any decree entered in this case that approves the use of treated waste water from the Metro plant as a source of replacement water. Applicant understands that a petition has been filed or may be filed to request classification of the ground water in the Box Elder Creek alluvium under Applicant’s land as designated ground water. If that petition is granted, and becomes final, Applicant reserves the right to withdraw or dismiss the plan for augmentation claim in this application to the extent permitted under applicable court rules. 11. Names and addresses of the owners of land on which the structures are or will be located, upon which the water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant owns the land upon which all of the wells and other structures are or will be located and upon which the water will be used. 07CW98 KAREN KRAAS, TTEE KRAAS TRUST, 12771 CR 32, Platteville, CO 80651. Telephone: (970) 785-6163. APPLICATION FOR UNDERGROUND WATER RIGHT IN TELLER COUNTY. Name of Well: Kraas Spring Well located NW1/4, NE1/4 S12, T12S, R71W of the 6th PM at a distance 300 feet from North and 1900 feet from East. Source: Developed Spring. Depth: 5’. Date of appropriation: 1960. How appropriation was initiated: Dug and placed culvert pipe. Date water applied to beneficial use: 1960. Amount claimed: 1 gpm Absolute. Use: Household in one single family dwelling. Name of Land Owner: USDA Forest Service, PO Box 219, 320 Hwy. 285, Fairplay, CO 80440.

07CW99. Sakata Farms Inc., P.O. Box 508, Brighton, Colorado 80601. (303) 659-1559. Application for Approval of Plan for Augmentation in WELD COUNTY. (Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, Suite 200, Windsor, CO 80550. Telephone: (970) 674-9888). 2. Structures to be Augmented. Well No. 1-1248 and Well No. 2-1249 (Wells). 3. Previous Decrees. A decree was entered in the Water Court, Water Division No. 1, Case No. W-602, September 4, 1973 adjudicating Well No. 1-1248 located in the SW1/4 SE1/4 of Section 5, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 15 feet North and 2520 feet West of the SE Corner of said Section 5, with a date of appropriation of May 31, 1948 in the amount of 3.11 c.f.s. and adjudicating Well No. 2-1249 located in the SW1/4 SE1/4 of Section 5, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 15 feet North and 1920 feet West of the SE Corner of said

7

Section 5, with a date of appropriation of May 31, 1954 in the amount of 2.24 c.f.s. the use of both wells being for the irrigation of approximately 160 acres in the SE1/4 of Section 5, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4. Water Rights to be used for Augmentation. The Wells are augmented by the augmentation plan of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (GMS) Decreed in Case No. 02CW335 under Class D Contract No. 478. This plan of augmentation is for the purpose of allowing diversions from the Wells in addition to the annual quota of diversions permitted under the GMS plan. The source of water for this plan is fully consumable water rights leased from the City of Aurora in the amount of 169 acre feet. The lease will deliver the augmentation water from June 1, 2007 until May 31, 2013. 5. Plan for Augmentation. 5.1. Well Diversions. The Wells are used as a sole source to irrigate 160 acres on the farm located as shown on Figure 1. This plan will cover depletions from the additional diversions above the annual quota of diversions permitted under the GMS plan. The GMS plan will augment depletions caused by the past pumping of this well during the 1974-2006 irrigation seasons. Applicant, not GMS, will be responsible for all additional depletions in 2007 and all future years above the annual quota of diversions permitted under the GMS plan. 5.2. Consumptive Use of Groundwater. The consumptive use of ground water and stream depletions attributable to the Wells were determined in accordance with the terms of the GMS Decree. 5.3. Depletion. Diversions from the Wells cause depletion to Beebe Seep and thence the South Platte River. To the extent that depletion is out of priority, the purpose of this plan is to provide for replacement of such out of priority depletion in time, location and amount to the extent necessary to prevent injury to senior water rights. 5.4. Method for Determination Stream Depletions. Depletions to the river, based on consumptive use of ground water pumping, will be calculated using the AWAS Glover alluvial aquifer method as required by the GMS Decree. Input data needed for using the AWAS Glover alluvial aquifer method are the consumptive use of ground water and aquifer parameters for each well. The aquifer parameters that are needed include the following: 1) X, which is the perpendicular distance in feet between the river and the well (or recharge site). 2) W, which is the perpendicular distance in feet between the river and the boundary of the alluvial aquifer. 3) T, which is the transmissivity of the aquifer in gallons per day per foot; and 4) S, which is the specific yield (dimensionless) of the aquifer. Values for X, W, T and S were adopted from the GMS Decree. 5.5. Replacement of Out of Priority Depletions. Applicant will make replacement of out-of-priority depletions that cause material injury to senior vested water rights from the leased source which provides 169 acre-feet of reusable wastewater return flows over a seven year period. 5.6. Accounting and Reporting. Applicant will submit monthly accounting showing the replacement water deliveries to the division engineer on a monthly basis, or more frequently if required. The soils on the farm irrigated with Wells are very well drained. As a consequence, it is not possible to achieve high irrigation efficiencies on this farm. Rather than presuming a depletion factor, the consumptive use of ground water will be assumed to be the full monthly crop irrigation requirement, calculated using the modified Blaney-Criddle method, for the actual acres of crops irrigated with water from the Wells. 6. Name and Address of Owner of the Structures: Applicant owns the Wells. The City of Aurora, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012 owns the leased water.

07CW100. Sakata Land Company, P.O. Box 508, Brighton, Colorado 80601. (303) 659-1559. Application for Approval of Plan for Augmentation in WELD COUNTY. (Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, Suite 200, Windsor, CO 80550. Telephone: (970) 674-9888). 2. Structures to be Augmented. Sakata Well No. 10-12221-F and Sakata Well No. 11-6818 (Wells). 3. Previous Decrees. A decree was entered in the Water Court, Water Division No. 1, Case No. W-5854, November 24, 1975 adjudicating Sakata Well No. 10-12221-F located in the NE1/4 NE1/4 of Section 31, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 1035 feet South and 635 feet

8

West of the NE Corner of said Section 31, with a date of appropriation of April 20, 1964 in the amount of 2.91 c.f.s. for irrigation of 132 acres in part of the NE1/4 of Section 31, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado and adjudicating Sakata Well No. 11-6818 located in the SE1/4 NE1/4 of Section 31, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 2350 feet South and 1220 feet West of the NE Corner of said Section 31, with a date of appropriation of May 30, 1935 in the amount of 2.34 c.f.s. for irrigation of132 acres in part of the NE1/4 of Section 31, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4. Water Rights to be used for Augmentation. The Wells are augmented by the augmentation plan of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (GMS) Decreed in Case No. 02CW335 under Class D Contract No. 482. This plan of augmentation is for the purpose of allowing diversions from the Wells in addition to the annual quota of diversions permitted under the GMS plan. The source of water for this plan is fully consumable water rights leased from the City of Aurora in the amount of 260 acre feet. The lease will deliver the augmentation water from May 1, 2007 until April, 2013. 5. Plan for Augmentation. 5.1. Well Diversions. The Wells are used as the sole sources to flood irrigate 90 acres on the farm located as shown on Figure 1. This plan will cover depletions from the additional diversions above the annual quota of diversions permitted under the GMS plan. The GMS plan will augment depletions caused by the past pumping of this well during the 1974-2006 irrigation seasons. Applicant, not GMS, will be responsible for all additional depletions in 2007 and all future years above the annual quota of diversions permitted under the GMS plan. 5.2. Consumptive Use of Groundwater. The consumptive use of ground water and stream depletions attributable to the Wells were determined in accordance with the terms of the GMS Decree. 5.3. Depletion. Diversions from the Wells cause depletion to the South Platte River. To the extent that depletion is out of priority, the purpose of this plan is to provide for replacement of such out of priority depletion in time, location and amount to the extent necessary to prevent injury to senior water rights. 5.4. Method for Determination Stream Depletions. Depletions to the river, based on consumptive use of ground water pumping, will be calculated using the AWAS Glover alluvial aquifer method as required by the GMS Decree. Input data needed for using the AWAS Glover alluvial aquifer method are the consumptive use of ground water and aquifer parameters for each well. The aquifer parameters that are needed include the following: 1) X, which is the perpendicular distance in feet between the river and the well (or recharge site). 2) W, which is the perpendicular distance in feet between the river and the boundary of the alluvial aquifer. 3) T, which is the transmissivity of the aquifer in gallons per day per foot; and 4) S, which is the specific yield (dimensionless) of the aquifer. Values for X, W, T and S were adopted from the GMS decree. 5.5. Replacement of Out of Priority Depletions. Applicant will make replacement of out-of-priority depletions that cause material injury to senior vested water rights from the leased source which provides 260 acre-feet of reusable wastewater return flows over a seven year period. 5.6. Accounting and Reporting. Applicant will submit monthly accounting showing the replacement water deliveries to the division engineer on a monthly basis, or more frequently if required. The soils on the farm irrigated with Wells are very well drained. As a consequence, it is not possible to achieve high irrigation efficiencies on this farm. Rather than presuming a depletion factor, the consumptive use of ground water will be assumed to be the full monthly crop irrigation requirement, calculated using the modified Blaney-Criddle method, for the actual acres of crops irrigated with water from the Wells. 6. Name and Address of Owner of the Structures: Applicant owns the Wells. The City of Aurora, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, owns the leased water.

07CW101 GILBERT JAMES AND STEPHANIE CARPENTER, PO BOX 491, LAKE GEORGE, CO 80827. Telephone: (719) 748-5511. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Decreed name of structure for which change is sought: Hay Creek Water Hole (Spring), Page 61, Priority A113, Vol III, P. 648-664. Date entered:

9

March 24, 1953 in Case No. 3286 in Dist. #23. Decreed point of diversion: Junction of Two Forks of the East Fork of Hay Creek, from which point the North 1/4 corner of S20, T10S, R72W of the 6th PM. Bears N. 59° 7’ W. 2428 feet distance. Source: Hay Creek (tributary to Tarryall Cr and So. fork of So. Platte. Appropriation date: Oct. 31, 1907. Amount: .01 Cu Sec. Historic Use: Livestock and Domestic. Proposed Change: (a) Alternate point of diversion. (b) SW1/4, SW1/4, SE1/4, (S. 1/4 corner Sec. 17 bears SW 230°/700’). (c) Livestock and Domestic. (d) .01 Cu Ft. Sec. (e) Develop spring for off stream watering. Legal description for change in point of diversion: SW1/4, SW1/4, SE1/4, S17, T10S, R72W of the 6th PM. at a distance 300 feet from North and 600 feet from East of S17, 1/4 corner. Street Address: 26002 County Rd. 77, Lake George, CO 80827. 07CW102 VICTORIA S. SIGLER AND SHARON A. UNEN, 821 NE 107 STREET, BISCAYNE PARK, FL 33161. Telephone: (305) 893-6010. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Name of structure: Sigler/Unen House Well. Date of original decree: June 15, 2001 in case 96CW711 Water Division 1, located NW1/4, NW1/4, S4, T10S, R75W of the 6th PM at a distance 600 feet from North and 100 feet from West. Street address: 535 Osprey Road. Subdivision: Elkhorn Ranches, Lot 133, Filing 4. Source: groundwater. Appropriation Date: December 31, 1975. Amount: 0330 cubic feet per sec, (15 gpm). Use: Household use only in a single family dwelling, on a two acre site, not including irrigation. The return flow from such use is returned to the same stream system in which the well is located. Depth: 480 feet. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed. The well permit was applied for and received on August 5, 2002. The well was drilled by licensed driller, Allen Drilling and Excavating of Fairplay, CO. The well was tested and found to have a production rate of 15 GPM. The house was built and the well was trenched and connected to the house. The pumping rate is 5 gallons per minute. A Statement of Beneficial Use was filed with the State of Colorado Office of the State Engineer on June 28, 2003. Claim to Make Absolute. Date water applied to beneficial use: June 28, 2003. Amt. 5 gallons per minute. Use: Household use in a single unit family dwelling, not including irrigation. Use is in house only. Description of place of use where water is applied to beneficial use: 535 Osprey Road is a single family dwelling on a 2 acre site. The house is a cedar color with a green metal roof. 07CW103 JEFFREY S AND LORI A NELSON, 4381 S. CODY WAY, LITTLETON, CO 80123. Telephone: (303) 979-2263. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Nelson Well. Date of original decree: 12-04-1996 in case no. 96CW300 in Water Division 1. Legal description: SW1/4, NW1/4, S13, T9S, R74W of the 6th PM at a distance 2200 feet from North and 600 feet from West. Street address: 111 Spade Place, Jefferson, CO 80456. Subdivision: Lost Park Ranches, Lot 53, Filing 1. Source: Groundwater. Appropriation Date: July 5, 1977. Amount: 15gpm, Conditional. Use: Household use for one single family dwelling and irrigation of 2,000 sq ft. of lawn and garden. Depth: Approx. 400 ft. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed: Well is augmented pursuant to the decision in W-8573-77. Have not been able to install well due to financial reasons and paying off debt of land, wish to reserve water rights for future well. 07CW104 JAMES G. WALKER AND ROSEMARY V. WALKER, 12980 Ward Lane, Colorado Springs, CO 80908; JAMES J. MUNSON AND ALECIA K. MUNSON, 12855 Linnwood Lane, Colorado Springs, CO 80908; Henry D. Worley, MacDougall, Woldridge & Worley, PC, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905, (719) 520-9288. Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation in EL PASO COUNTY. I. APPLICATION FOR DENVER

10

BASIN WATER RIGHTS. 1. Names of wells and permit, registration, or denial numbers: There are two permitted Dawson aquifer wells on the property, permit nos. 28311 and 175928. 2. Legal description of wells: Two additional wells in the Dawson aquifer, and one in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers, plus all necessary additional and/or replacement wells, to be located anywhere on Applicants� combined 40 acres consisting of the NW1/4 SE1/4 Section 9, T. 12 S., R. 65 W., 6th P.M., in El Paso County (the �Property�). The location of the Property is shown on a map attached as Figure 1. The Property is located entirely within Water Division 2. 3. Sources: Not nontributary Dawson aquifer; not nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 5. Amount claimed: Dawson aquifer - 15 g.p.m. per well, 32.8 acre feet annually, absolute; Denver aquifer - 100 g.p.m., 25.2 acre feet annually, absolute; Arapahoe aquifer - 200 g.p.m., 17.3 acre feet annually, absolute; Laramie-Fox Hills aquifer - 100 g.p.m., 11.4 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to take into account the State Engineer's Determination of Facts. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 6. Proposed use: Indoor residential and commercial; swimming pool and/or hot tub; landscaping including irrigation and water �amenities� such as decorative pools and fountains, stock water, fire protection and augmentation. 7. Name and address of owner of land on which wells are/will be located: Same as Applicants. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 8. Name of structures to be augmented: Up to four Dawson aquifer wells, two of which are already constructed. No other water rights are or will be diverted from these wells. After entry of a decree, the existing Dawson aquifer wells will be re-permitted consistent with the provisions of the decree. 9. Previous decrees for water rights to be used for augmentation: None. 11. Statement of plan for augmentation: Applicants intend to subdivide the Property into four ten-acre residential lots, each of which will be served by individual on-lot Dawson aquifer wells, each of which will be limited to 0.7 acre foot (228,100 gallons) annually. Indoor use for each of houses is expected to equal 0.26 acre foot annually. Treatment of waste water from indoor uses will be achieved using nonevaporative individual septic tanks and leach field systems (�ISDS�); consumption of water so treated will not exceed 10 percent of uses, with 90 percent, or 0.94 acre feet annually based on pumping of 2.8 acre feet, returning to the nearest stream. Depletions in the 300th year are modeled to equal approximately 22 percent of annual pumping, or 0.62 acre feet based on annual pumping of 2.8 acre feet, and then decline. So long as a single family dwelling is located on each lot, ISDS return flows alone will equal or exceed maximum stream depletions each year during pumping. Change of the type of wastewater treatment to a central sewage treatment with direct discharge to any tributary of Fountain Creek shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment. Applicants propose to replace depletions during pumping with return flows from the ISDS, and to replace injurious post-pumping depletions with the nontributary Arapahoe aquifer water decreed herein, approximately 763 acre feet of which will be reserved for that purpose. However, Applicants seek to reserve the right to replace such depletions with any judicially acceptable source of augmentation water. Applicants further propose to aggregate all depletions and replace them to the Arkansas River drainage. Any final decree entered in this case shall provide that no more than 0.7 acre foot per year may be diverted from the each of the four Dawson aquifer wells absent an amendment of this plan for augmentation. Because depletions will occur in both Water Divisions 1 and 2, this application is being published in both water divisions, and will be consolidated in Water Division 2. (Application and attachment, 4 pages) 07CW105 PAUL HENDRICKS, 4001 S. ELATI, ENGLEWOOD, CO. 80215. Telephone: (303) 789-3209. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY.

11

Name of structure: Hendricks Well. Date of original decree: 07/17/2001 in Water Division 1. Legal description: SW1/4, SW1/4, S5, T10S, R75W of the 6th PM at a distance 1045 feet from South and 670 feet from West. Street address: 237 Caracara Ln. Subdivision: Elkhorn Ranches, Lot 213, Filing 4. Source: groundwater. Appropriation date: March 29, 2004. Amount 5 gpm and 1/3 acre foot.. Use: household. Depth: 180 ft. Provide a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use: Allen Drilling of Fairplay CO drilled the well and set the pump on or about March 29, 2004. Everything is ready to go for pumping the water. No electricity but can pump with generator power. Cost: $5000.00. If claim to make absolute: Date water applied to beneficial use: March 31, 2004. Amount: 4 gpm static use, pumping rate 5 gpm 1/3 acre foot. Description of place of use where water is applied to beneficial use: 3 acre property. 07CW106 RICHARD L. FOSS, JR., 5041 INDIANA ST., GOLDEN, CO 80403 Telephone: (303) 977-9528. APPLICATION FOR UNDERGROUND WATER RIGHT IN JEFFERSON COUNTY. Name of Well: Fairmount/Foss Farm Font located SE1/4, NE1/4, S13, T3S, R70W of the 6th PM at a distance 1548 feet from South and 563 feet from East. Street address: 5041 Indiana St., Golden, CO 80403. Subdivision: New Hampshire Gardens, Lot 5a, Block 7. Were points averaged? No. Northing 4404192, Zone 13. Source: Groundwater. Depth: 20 feet. Date of appropriation: Year 1910. How appropriation was initiated: Well was dug for farmhouse. Date water applied to beneficial use: year 1910. Amount claimed: 15 gpm Absolute. Amount claimed in acre feet annually: 1.0 Number of acres historically irrigated: 0.9. Total number of acres proposed to be irrigated: 0.9. Legal description of the land irrigated. Part of lot 5, a resubdivision of Block 7 of New Hampshire Gardens. Area of lawns and gardens irrigated: 0.9. Use: Stock water for watering horses. Domestic water usage in single family dwelling.

07CW107, Bradley A. Whittlesey, David C. Whittlesey, Susan L. Whittlesey, andCynthia L. Whittlesey, 4700 East Princeton Avenue, Englewood, CO 80113. Telephone: 303-756-8266. Robert E. Schween, Esq., John M. Dingess, Esq., Duncan, Ostrander & Dingess, P.C., 3600 South Yosemite Street, Suite 500, Denver, Colorado 80237-1829. Telephone 303.779.0200. APPLICATION FOR UNDERGROUND NONTRIBUTARY AND NOT NONTRIBUTARY WATER RIGHTS IN THE UPPER DAWSON, LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 2. Background: A. Applicants are the owners of a parcel of land consisting of 160 acres, more or less, in Douglas County, generally described as the E1/2 of the SW1/4 and the W 1/2 of the SE1/4 of Section 6, Township 7 South, Range 65 West of the 6th P.M., as shown on the General Location Map, attached as Exhibit A, the Site Location Map, attached as Exhibit B, and as described in the Property Legal Description, attached as Exhibit C, hereto (“Applicants’ Property”). B. This application seeks a ruling and decree adjudicating all the ground water in the Denver Basin aquifers underlying Applicants’ Property. C. Applicants certify that they own all such described parcel and that no other person or entity has a financial interest in such land. Accordingly, Applicants certify their compliance with the notice requirements of § 37-92-302(2), C.R.S. 3. Well Permits: Well permit applications for wells to be constructed pursuant to this application and subsequent ruling and decree will be applied for at a later time pursuant to the terms of the final decree to be entered in this matter. Applicants request the right to construct such wells anywhere on the Applicants’ property in order to recover the entire amount of ground water found to be available in each aquifer. 4. Source of Water Rights: A. Not-Nontributary Ground Water: Ground water in the Upper Dawson aquifer at this location, if any, is classified as not-nontributary ground water as defined in § 37-90-103(10.7), C.R.S. Withdrawals of such ground water require replacement to the affected stream system of an amount of water equal to the actual depletions caused by pumping such wells pursuant to a judicially approved plan for

12

augmentation. No such plan is sought herein. Otherwise, such water may be fully consumed to extinction for all beneficial uses. B. Nontributary Ground Water: Ground water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers at this location is nontributary as defined at § 37-90-103 (10.5), C.R.S. Applicants will comply with the requirement to relinquish two percent (2%) of all such nontributary ground water withdrawn to the stream system. Otherwise, such water may be fully consumed to extinction for all beneficial uses. 5. Date of Initiation of Appropriation: Not Applicable. 6. Right to Ground Water Claimed Herein: A. Applicants seek a decree for all ground water determined to be available from each aquifer named above underlying the 160 acres of land owned by Applicants and described herein, based upon a statutory aquifer life of 100 years. A copy of Applicants’ Deeds for such property will be filed in the Water Court under this caption and case number. B. Withdrawals in the average annual amounts determined to be available from each named aquifer can be made pursuant to § 37-90-137(4), C.R.S., without causing material injury to the vested rights of others, PROVIDED THAT, withdrawals of not-nontributary ground water may be made only pursuant to a judicially approved plan for augmentation of stream depletions caused by such withdrawals. 7. Estimated Amounts and Rates of Withdrawal: A. Estimated Average Annual Amounts Available: The estimated average annual amounts of withdrawal available from each aquifer are as shown below. Such estimates are based on the Denver Basin Rules, 2 CCR 402-6, and any ruling in this matter will adopt the values contained in the State Engineer’s Office Determination of Facts to be issued in this case. Aquifer Acreage Sat Thickness Sp. Yield Avg. Ann. Amount (AF) Upper Dawson 160 125 ft. 20% 41.0 AF Lower Dawson 160 100 ft. 20% 32.0 AF Denver 160 275 ft. 17% 74.8 AF Arapahoe 160 250 ft. 17% 68.0 AF Laramie-Fox Hills 160 195 ft. 15% 46.8 AF B. Adjustment of Amounts. Such average annual amounts available from each aquifer depend on the hydrogeology at the location of Applicants’ property and may be adjusted pursuant to the Court’s retained jurisdiction, as described below. C. Average Pumping Rates: The wells to be completed into each aquifer will withdraw ground water at rates of flow necessary to efficiently withdraw the entire decreed amounts from each aquifer. 8. Well Fields; Additional Wells: A. Applicants request the right to withdraw all of the legally available ground water in the subject aquifers underlying Applicants’ Property through any well(s) initially permitted in such aquifer and any additional well(s) which may in the future become part of the Applicants’ well field. B. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. This application seeks to require the State Engineer to issue well permits based on the full acreage of the property described in this application. 9. Proposed Uses: A. Applicants intend to use all ground water requested herein. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: municipal (if conveyed to a municipality or quasi-municipal water supply entity), domestic, industrial, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, and any other beneficial purposes, to be used on or off Applicants’ Property. B. Such ground water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 10. Description of the Subject Property: 160 acres of land, more or less, located in Douglas County, and generally described as follows: The E1/2 of the SW1/4 and the W1/2 of the SE1/4 of Section 6, Township 7 South, Range 65 West of the 6th P.M. See General Location Map, Exhibit A, and Property Legal Description, Exhibit C. 11. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S. 12.

13

Name of Owner of the Land on Which Structures are Located: The owners of the Subject Property described herein are the Applicants herein, as named above. 13. Remarks: Applicants request: A. The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; B. The right to revise the above estimate of the average annual amount available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same; C. A quantification and adjudication of the ground water rights in each aquifer named herein to which Applicants are entitled to develop and use; and D. A confirmation of the right to use, reuse, successively use, and otherwise dispose of all nontributary ground water, after relinquishment of 2% thereof, and all not-nontributary ground water, after lawful compensation for modeled stream depletions. 14. Retained Jurisdiction: A. Applicants request the Court to retain jurisdiction for a period to be determined at the entry of the decree (1) to protect against injury to other water rights; (2) to resolve any controversy which may arise with respect to well construction or well location(s); and (3) to allow Applicants to file a separate application for the recapture and reuse of its return flows of reusable nontributary or fully augmented not nontributary ground water. B. Applicants request that any party or entity invoking such retained jurisdiction must make a prima facie case that injury to its water rights has been actually caused by Applicants’ ground water withdrawals.WHEREFORE, Applicants Bradley A. Whittlesey, David C. Whittlesey, Susan L. Whittlesey, and Cynthia L. Whittlesey request this Court enter a ruling and decree, finding substantially as follows: 1. The ground water rights claimed herein are final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 2. Applicants have complied with § 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers, and from the not nontributary Upper Dawson aquifer, if any, after judicial approval of a augmentation plan to replace stream depletions caused by pumping from such aquifers, through wells to be located on the Applicants’ Property;3. Jurisdiction is to be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants’ Property, pursuant to § 37-92-305(11), C.R.S.; 4. Applicants or their successors may construct wells into each aquifer anywhere on Applicants’ Property, pursuant to the ruling and decree to be entered in this matter, and without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded. All statutory well spacing requirements are waived with respect to the wells to be constructed on Applicants’ Property; 5. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; provided that no withdrawals of not-nontributary ground water will be made except pursuant to a court approved augmentation plan; 6. In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein, including such ground water designated as not-nontributary; 7. The nature and extent of the water rights claimed herein are defined by §§ 37-90-137(4) and (9), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown at Exhibits A and B and described at Exhibit C hereto; and 8. If the well permit for any well authorized by the decree to be entered in this matter expires, Applicants or their successors may apply for a new well permit for such well or wells, and the State Engineer shall grant such permit(s) pursuant to the terms of the decree in this case. FURTHER, Applicants request this Court grant such other relief as the Court deems proper in the premises. 07CW108 MICHAEL D. TAYLOR AND DIANA J. TAYLOR, 12950 Black Forest Road, Colorado Springs, CO 80908. Attorney for Applicant, Henry D. Worley, MacDougall, Woldridge & Worley, PC, 530 Communication Circle, Suite 204, Colorado Springs, CO

14

80905 719-520-9288. Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation in EL PASO COUNTY. 1. Names of wells and permit, registration, or denial numbers: There is an old, unpermitted well on the property. 2. Legal description of wells: Two additional wells in the Dawson (three total), and one in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers, plus all necessary additional and/or replacement wells, to be located anywhere on Applicants� 15 acre property located in the NE1/4 SE1/4 Section 7, T. 12 S., R. 65 W., 6th P.M., in El Paso County (the �Property�). The legal description of the Property is attached as Exhibit A, and a map depicting its location is attached as Figure 1. The Property is located entirely within the Arkansas River drainage. 3. Sources: Not nontributary Dawson aquifer; not nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 5. Amount claimed: Dawson aquifer - 15 g.p.m. per well, 8.9 acre feet annually, absolute; Denver aquifer - 100 g.p.m., 10.8 acre feet annually, abso-lute; Arapahoe aquifer - 200 g.p.m., 6.3 acre feet annually, absolute; Laramie-Fox Hills aquifer - 100 g.p.m., 4.3 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to take into account the State Engineer's Determination of Facts. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 6. Proposed use: Indoor residential; swimming pool and/or hot tub; landscaping including irrigation and water �amenities� such as decorative pools and fountains, stock water, fire protection and augmentation. 7. Name and address of owner of land on which wells are/will be located: Same as Applicants. 8. Name of structures to be augmented: Up to three Dawson aquifer wells, one of which is already constructed. No other water rights are or will be diverted from these wells. After entry of a decree, the existing Dawson aquifer well will be permitted consistent with the provisions of the decree. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable. 11. Statement of plan for augmentation: Applicants intend to subdivide the Property into three five-acre residential lots, each of which will be served by individual on-lot Dawson aquifer wells which may pump no more than 0.7 acre foot (228,100 gallons) annually, each. Indoor use for each of houses is expected to equal 0.26 acre foot annually. Treatment of waste water from indoor uses will be achieved using nonevaporative individual septic tanks and leach field systems (�ISDS�); consumption of water so treated will not exceed 10 percent of uses, with 90 percent, or 0.7 acre feet annually, returning to the nearest stream. Depletions in the 300th year are modeled to equal approximately 23.38 percent of annual pumping, or 0.49 acre feet based on annual pumping of 2.1 acre feet. So long as a single family dwelling is located on each lot, ISDS return flows alone will equal or exceed maximum stream depletions each year during pumping. Change of the type of wastewater treatment to a central sewage treatment with direct discharge to any tributary of Fountain Creek shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment. Applicants propose to replace depletions during pumping with return flows from the ISDS, and to replace injurious post-pumping depletions with the nontributary Arapahoe aquifer water decreed herein, approximately 563 acre feet of which will be reserved for that purpose. However, Applicants seek to reserve the right to replace such depletions with any judicially acceptable source of augmentation water. 12. Statement of alternate plan for augmentation. Applicants also seek the ability to augment depletions caused by pumping up to three Denver aquifer wells to provide a domestic water supply for the same three lots and same uses referenced in part II above. This would be instead of, and not in addition to, the Dawson aquifer augmentation plan, because it would use the same source of augmentation water, the Arapahoe aquifer. Pumping would be limited to 0.7 acre foot per lot, but not necessarily per well, per year, so that if one Denver aquifer well were used to provide water for all three lots, pumping would be limited to 2.1 acre feet annually. ISDS return flows would be used for the four percent return obligation during the 300 year pumping period.

15

All 630 acre feet of the Arapahoe aquifer water rights would be reserved to replace post-pumping depletions. 13. Miscellaneous provisions applicable to both augmentation plans. Applicants propose to aggregate all depletions and replace them to the Arkansas River drainage. Any final decree entered in this case shall provide that no more than 2.1 acre feet per year may be diverted from the Dawson or the Denver aquifer absent an amendment of this plan for augmentation. Because depletions will occur in both Water Divisions 1 and 2, this application is being published in both water divisions, and will be consolidated in Water Division 2, where the property is located. (Application and attachments, 8 pages) 07CW109 APPLICATION OF UNDERGROUND WATER RIGHTS FROM THE NOT NONTRIBUTARY DENVER AND NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS IN THE DENVER BASIN, IN EL PASO COUNTY. 1. Name, Address, and Telephone Number of Applicant(s): Steven F. Langlais and Linda M. Langlais residing at 13915 Pine Glen Drive West, Colorado Springs CO 80908, (719) 495-4782. The general location of the property is shown on Attachment A hereto “Subject Property”. 2. Well Permits: State Engineer Well Permit No. 134453 is an exempt domestic well, presented as Attachment B. 3. Legal Description of Wells and Subject Property. a) Existing Wells. Existing well having Permit Number 134453 is located in El Paso County on 5.18 acres of land described as the NE1/4 of the SW1/4 of Section 03, Township 12 South, Range 65 West of the 6th PM, Lot 21 in Pine Glen having the street address of 13915 Pine Glen Drive West, Colorado Springs CO 80908. b) Additional Wells. Additional wells may be drilled into the Denver Basin aquifers pursuant to this application and subsequent decree. Well permit applications for well(s) to be drilled into the Denver Basin Aquifers which are subject to this application will be applied for prior to well drilling. The well(s) will be located at any location on applicant’s property consisting of approximately 5.18 acres of land located in El Paso County, described as the NE1/4 of the SW1/4 of Section 03, Township 12 South, Range 65 West of the 6th PM, Lot 21 in Pine Glen having the street address of 13915 Pine Glen Drive West, Colorado Springs CO, in El Paso County. 4. Source, Pumping Rates and Depth. a) Not- nontributary Ground Water.The source of the groundwater to be withdrawn from the Dawson aquifer is not-nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. Applicant plans to retain the existing permit for the exempt well located in the Dawson aquifer on the Subject Property. Permit is provided as Attachment B. Well(s) to withdraw the remaining available Dawson aquifer groundwater will require replacement to the effected stream system of an amount of water equal to either the actual depletions caused by pumping such wells or four percent (4%) of the amount of water withdrawn pursuant to a judicially approved plan for augmentation. No such plan is sought herein. b) Nontributary Ground Water. The groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. Applicant will comply with the requirement to relinquish two percent (2%) of all such nontributary ground water withdrawn to the stream system. c) Average Pumping Rates and Well Depths, Future Wells. The wells will withdraw the subject groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants waive the 600 foot spacing rule as described in Section 37-90-137(2) C.R.S. for wells located on the Subject Property. Applicants also claim the right to construct additional and/or replacement wells in order to maintain levels of production, to meet water supply demands, or to recover the entire amount of groundwater in each of said aquifers underlying the Subject Property. Based on an average ground surface elevation of 7683 feet above mean sea level, on the Subject Property, the approximate depths to the top and bottom of each aquifer are as follows: Aquifer Depth to Top

(feet below ground surface) Depth to Bottom (feet below ground surface)

16

Dawson 0 1065 Denver 1150 2020 Arapahoe 2065 2550 Laramie-Fox Hills 2795 3140

These depths are approximate and are based on geologic and topographic information available from the Colorado State Engineers’ Office. Actual well completion depth(s) may vary from these estimates based on the actual geologic conditions below the Subject Property. 5. Date of Appropriation. Pursuant Section 37-92-305 (11) C.R.S. the date of appropriation, the date the water was applied to beneficial use, and the manner of initiation of the water rights sought herein are not applicable to the not- nontributary and nontributary groundwater rights sought herein, and no showings of, or applications for, reasonable diligence are required with respect to such water rights. 6. Amount Claimed. The estimated average annual amounts available for withdrawal from the aquifers underlying the Subject Property, as indicated below, are based on the Denver Basin Rules, 2 C.C.R. 402-6. The amount of available water for the Dawson aquifer reflects the total amount underlying the property and will be adjusted reserving 1-acre ft per year, 100 acre-feet total, based on a 100 year supply, to meet the permit requirements of the existing exempt well. Applicants estimate the following annual amounts are representative of the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property: Aquifer

Saturated Thickness (feet)

Specific Yield (percent)

Estimated Amount Available (Acre-ft)

Dawson (NNT) 490 20 5.07 Denver (NT) 385 17 3.40 Arapahoe (NT) 265 17 2.33 Laramie-Fox Hills (NT) 185 15 1.44

Pursuant to C.R.S. 37-92-305(11), Applicants request the Court to retain jurisdiction as necessary to provide for the adjustment of the average annual amount of groundwater in the not-nontributary Dawson, and nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers of the Denver Basin underlying the subject property to conform to actual local aquifer characteristics as determined from adequate information obtained from well drilling or test holes. a) Banking. As allowed by the “banking” provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules 2C.C.R. 402-7, Applicants claim the right to withdraw more water each year from each of the aquifers than the average amount available annually from each aquifer, so long as the sum of the withdrawals from all the wells completed into each aquifer does not exceed the product of the average annual amount of withdrawal available from that aquifer times the number of years since the date of issuance of a permit to construct a well into the aquifer, or the date of this decree, whichever date occurs first. b) Well Field Provisions. Consistent with Rule 14 of the Statewide Nontributary Groundwater Rules, Applicants claim the right to produce the total allowed annual amount of withdrawal claimed hereunder for each aquifer, including amounts claimed from each aquifer pursuant to the “banking” provision of Rule 8.A through a single well drilled into each aquifer or through a combination of wells drilled into each aquifer. c)Adjustments Based on Site-Specific Data. As wells are drilled and site-specific data are obtained for each aquifer, different characteristics and sand thickness may be proven to exist and the total amount of groundwater available may change. Accordingly, Applicants request the right to revise these estimates and to obtain a decree for whatever amount of groundwater is shown to be in the Aquifers without the necessity of amending this application or republishing the same. 8. Proposed Uses. Water withdrawn through the existing exempt well located in the Dawson aquifer on the Subject Property will be used in accordance with the uses specified in permit 134453. The remaining ground water in the Dawson aquifer and the Denver, Arapahoe, and Laramie-Fox Hills ground water withdrawn pursuant the water rights claimed herein may be

17

used, stored, reused and successively used to extinction and /or leased, sold or otherwise disposed of for all purposes including domestic, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, replacement of depletions, augmentation, exchange and any other beneficial uses on or off the Subject Property. 9.Names and Addresses of Owners of Land Upon Which the Wells are to be Located. Same as Applicants. There is one lien against the Property. Pursuant to C.R.S. 37-92-302(b), notice has been given to the lien holder, Washington Mutual; a copy of the letter is attached as Attachment C. 10.Remarks. Applicants request the Court to enter a decree a) granting the application and confirming the Applicants’ right to withdraw groundwater from the nontributary Denver, Arapahoe and Laramie-Fox Hills Aquifers and that such water rights are vested property rights. And, further confirming the Applicants’ right to withdrawal the not-nontributary Dawson with the provision that an application and approval of an augmentation plan to replace stream depletions caused by pumping from said aquifer will be required prior to withdrawal of Dawson aquifer groundwater and that such water rights are vested property rights b) The Applicant may retain the existing well under the exempt well Permit Number 134453; c) finding that such groundwater is available for withdrawal by Applicants in the estimated average annual amount described herein and for all the uses claimed herein at rates of flow up to such rates as will allow for efficient withdrawal of the entire available amount from each aquifer, including such higher rates as may be necessary to meet peak pumping requirements; d) granting the right to withdrawal such groundwater anywhere on the Subject Property, and waiving applicable spacing requirements; e) granting the right to construct additional or replacement wells into the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers to meet water supply demands, or to recover the entire amount of groundwater available to the Applicants without the necessity of filing an amendment to this application, republishing it, or petitioning the Court for the reopening of any decree hereafter entered; f) granting the right to have two or more wells constructed into the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property be considered a well field pursuant to Rule 4.A. (13) and Rule 14 of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7 and the right to produce the total allowed annual allowed withdrawal claimed hereunder, including amounts claimed from each aquifer pursuant to the “banking” provisions, through a single well drilled into each aquifer or combination of wells drilled into each aquifer; g) finding that the groundwater in the Denver, Arapahoe, and Laramie-Fox Hills aquifers is “nontributary” as defined in C.R.S. 37-90-103 (10.5), and that the rate of withdrawal from each said aquifers will not, within 100 years, deplete the flow of a surface stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. Further finding that the groundwater in the Dawson aquifer is not-nontributary and vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein provided that no withdrawals of the not-nontributary ground water will be made except pursuant to a court approved augmentation plan. h) granting Applicants right to consume, by means of original use, reuse, and successive use, all but two percent of the amount of groundwater which will be withdrawn from the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property; i) granting the right to withdraw more water each year from each of the aquifers than the average amount available annually from each, so long as the sum of the withdrawals from all of the wells completed into a particular aquifer does not exceed the product of the average annual amount of withdrawal available from that aquifer times the number of years since the date of issuance of a permit to construct a well into such aquifer or the date of this decree, whichever occurs first; j) finding that the date of appropriation, date the water was applied to beneficial use, and the manner of initiation of the water rights sought herein are not applicable to the water rights sought herein and that no showings of or applications for findings of reasonable diligence are required with respect to such water rights; k) retaining jurisdiction to provide for the adjustment of the average annual amount of groundwater available in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers under the Subject Property to conform to actual local aquifer characteristics as

18

determined from adequate information obtained from well drilling or test holes; l) and directing the State Engineer to issue well permits in conformance with this decree. 07CW110 CITY OF ENGLEWOOD, Attn: Utilities Director, 1000 Englewood Parkway, Englewood, CO 80110. (303) 762-2636. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT, in DOUGLAS, ARAPAHOE AND JEFFERSON COUNTIES. All future correspondence and pleadings to: David G. Hill, Berg Hill Greenleaf & Ruscitti LLP, 1712 Pearl Street, Boulder, CO 80302, (303) 402-1600. 2. Name of Structure: Little Dry Creek, Big Dry Creek, and the City Ditch Manifold at Chatfield Reservoir (serving City Ditch). 3. Description of Conditional Water Right: A. This right was conditionally decreed on August 2, 1994, in Case No. 90CW222, District Court, Water Division No.1, Colorado. B. Location: 1) Big Dry Creek at its confluence with City Ditch, which is located at approximately 1,650 feet from the east line and 1,150 feet from the south line of Section 9, Township 5 South, Range 68 West, of the 6th P.M. 2) Little Dry Creek at its confluence with City Ditch, which is located at approximately 450 feet from the west line and 1,850 feet from the north line of Section 2, Township 5 South, Range 68 West, of the 6th P.M. 3) The City Ditch Outlet at Chatfield Reservoir, whose center line of the outlet conduit intersects the center line of the dam at a point whence the NW Corner, Section 1, Township 6 South, Range 69 West, of the 6th P.M., bears N. 49 degrees W, 4,070 feet, serving City Ditch. C. Source: The South Platte River and its tributaries. D. Appropriation Date: December 17, 1990 E. Amount: 20 cfs, CONDITIONAL at Big Dry Creek; 15 cfs, CONDITIONAL at Little Dry Creek; and 38 cfs, CONDITIONAL at the City Ditch Outlet Manifold at Chatfield Reservoir. F. Use: Direct flow for municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, sewage treatment, and street sprinkling within Englewood's present and future service area. In addition to the foregoing uses, such water may be used for exchange and augmentation purposes. G. Place of Use or Proposed Use of Conditional Rights: The place of use of both of the water rights decreed herein shall be the service area of Englewood as it presently exists and as it may exist in the future, including any lands to which Englewood provides water for municipal purposes under an existing or future contract of supply. 4. Diligence Activities: Pursuant to the decree issued in 90CW222, these conditional rights are part of the City of Englewood's overall water system, and diligence on any part of that system will be considered diligence as to the conditional water rights. A. Because Englewood has an integrated system, the following listed items represent system-wide projects and work that have been completed or are in the process of being completed which pertain to 90CW222. This list is not intended to be exclusive. 1) During this diligence period, Applicant has participated in numerous Water Court cases to protect the quality and quantity of the water rights decreed in 90CW222, and its other water rights, from encroachment by other parties. 2) During this diligence period, Applicant has filed diligence applications on other conditional decrees which are part of its integrated system. 3) During this diligence period, Applicant has filed objections in various change cases in order to ensure that the standard of historic use is followed. 4) During this diligence period, Applicant engaged in litigation at substantial expense to prevent injury to its water rights in 02CW105 and related cases. 5) Applicant can and will divert water by means of these rights and will put this water to beneficial use. 6) During this diligence period, Applicant has performed improvements on its water treatment plant, including installation of new chemical metering pumps and motors, installation of variable frequency drives (VFDs) on the backwash pump and flocculator motors, upgrade of the sodium hypochlorite system to peristaltic pumps, construction of a new residuals dewatering building, installation of chloramine disinfection system, purchase of new barge for residuals dewatering, and installation of ammonia tank for disinfection system. 7) During this diligence period, Applicant piped the McBroom Ditch from Oxford to Clay Street. Bear Creek

19

was also pumped from Oxford to the Bear Creek plant. 8) Applicant entered into contracts with Rocky Mountain Consultants, Inc. (“RMC”) for the design of a 16 cfs pipeline from the McBroom Ditch to Englewood's forebay reservoir along the South Platte River at Union Avenue. RMC designed the pipeline and surveyed and mapped its alignment. Englewood expended over $45,000 in the pipeline design. 9) Applicant arranged to install its McBroom Ditch pipeline upon the Oxford Bridge crossing of the South Platte River. 10) Applicant purchased over 5,000 feet of pipeline and fittings for the McBroom Ditch pipeline at a cost of over $200,000. 11) Applicant entered into a contract with SEMA Construction for over $100,000 to construct the McBroom Ditch pipeline from the McBroom Ditch to Applicant's forebay reservoir at Union Avenue and the South Platte River. 12) Applicant expended over $24,000 on operating and maintaining the McBroom Ditch, including cleaning the ditch, piping the ditch, repair of sanding structure, rebuilding the diversion dam on Bear Creek, and recording diversions. 13) Applicant has acted to prevent storm water from entering the McBroom Ditch. 14) Applicant engaged Martin and Wood Water Consultants, Inc., to quantify the water available under the decree entered in 90CW222. 15) Applicant, through its own efforts, and through the Littleton-Englewood Wastewater Treatment Plant's involvement with the South Platte CURE group, has collected water samples from Bear Creek near the point of diversion for the McBroom Ditch and analyzed said samples for water quality. 16) During this diligence period, Applicant has expended substantial funds in renegotiating a new contract for the provision of water to Centennial Water and Sanitation District, including that water derived from 90CW222. 5. Water Applied to Beneficial Use: A. The City Ditch Outlet Manifold at Chatfield Reservoir 1) Date: April 26, 2007 Amount: 3.21 cfs Use: The decreed beneficial uses. 2) Description of Place of Use Where Water is Applied to Beneficial Use: Englewood diverted the water at the City Ditch Outlet Manifold under the decree entered in 90CW222 and applied the water to the decreed beneficial uses identified above. 07CW111 RICARDO AND LYNETTE GALLEGOS, 4665 Carefree Trail, Parker, CO 80134. 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. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, IN DOUGLAS COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 40 acres of land located in part of the SW1/4SE1/4 of Section 16, T10S, R66W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Dawson aquifer is not nontributary as described in Section 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Dawson 367 feet 29 acre-feet (NNT) Denver 490 feet 33 acre-feet (NT) Arapahoe 330 fee 33 acre-feet (NT)

20

Laramie-Fox Hills 214 feet 12 acre-feet (NT) Applicants will reserve part of the Dawson aquifer water which may be available for use through an existing exempt well as permitted in Well Permit No. 244240. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. 07CW112 KAREN S. GREENE, 1405 Private Road 130, Elizabeth, CO 80107. 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. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS AND IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 40 acres of land located in the SW1/4SW1/4 of Section 23, T8S, R65W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 178 feet 14 acre-feet (NNT) Lower Dawson 115 feet 10 acre-feet (NT) Denver 188 feet 12 acre-feet (NT) Arapahoe 232 feet 15 acre-feet (NT) Laramie-Fox Hills 232 feet 13 acre-feet (NT) Applicant will reserve part of the Upper Dawson aquifer water which may be available for use through an existing exempt well as permitted in Well Permit No. 111760. 6. Well Fields:

21

Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. 07CW113 (Water Division 1 and 2) DEAN AND KRISTI COUTURE, 3365 Needles Drive Colorado Springs, CO 80908. 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. APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN EL PASO COUNTY. REQUEST FOR APPROVAL OF CHANGE OF WATER RIGHTS 2. Description of requested changes: A. Case No. 94CW198, District Court, Water Division 1, as decreed on March 18, 1996, and Consolidated Case Nos. 00CW60, District Court, Water Division 2, and 00CW094, District Court, Water Division 1, as decreed on November 5, 2001. The land associated with Case No. 94CW198 is approximately 26.2 acres and the land associated with Consolidated Case Nos. 00CW60 and 00CW094 is approximately 40 acres of land. The total 66.2 acres is owned by Applicants and is generally located in part of the S1/2 of Section 22, T11S, R66W of the 6th P.M., as shown on Attachment A hereto. Said parcels are contiguous and the land and water decreed in the cases are owned by Applicants. The decreed annual amounts of water in acre-feet are as follows: Case No. 94CW198 Case Nos. 00CW60 and 00CW094 Dawson: 23.4 (NNT) Dawson: 30.0 (NNT) Denver: 25.1 (NNT) Denver: 33.8 (NNT) Arapahoe: 10.7 (NT) Arapahoe: 16.1 (NT) Laramie-Fox Hills: 7.9 (NT) Laramie-Fox Hills: 11.9 (NT) Applicants request that the decreed amounts in Case No. 94CW198 be withdrawn in combination with the decreed amounts in the same aquifers as decreed in Consolidated Case Nos. 00CW60 and 00CW094, through wells to be located on the land which is the subject of either decree, at rates of flow which may be necessary to withdraw the entire combined annual amounts efficiently. B. In Consolidated Case Nos. 00CW60 and 00CW094, an augmentation plan was approved which allowed withdrawal of 8.8 acre-feet per year for 300 years (2640 acre-feet total) of not nontributary Dawson aquifer groundwater, for use through up to 16 individual wells. Each well is decreed to allow withdrawal and use 0.55 acre-feet per year for inhouse use (0.3 acre-feet), irrigation of 3500 square-feet (0.2 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet). In Case No. 94CW198, and augmentation plan was approved which allowed withdrawal of 17 acre-feet per year for 100 years of not nontributary Dawson aquifer groundwater through 17 individual wells (one acre-foot per well). By this application, Applicant requests that 3.3 acre-feet per year and 990 acre-feet total of the 17 acre-feet per year approved for withdrawal in Case No. 98CW198 be changed to be withdrawn in combination with the 8.8

22

acre-feet decreed in the augmentation plan in Consolidated Case Nos. 00CW60 and 00CW094 for the same use per well over a 300 year pumping period. The total amount to be withdrawn is 12.1 acre-feet per year for a 300 year period (3630 acre-feet total) through up to 22 individual wells (0.55 acre-feet per well) for the same uses previously decreed in Consolidated Case Nos. 00CW60 and 00CW094. Operation of the combined augmentation plan will be pursuant to the terms and conditions of the decree in Consolidated Case Nos. 00CW60 and 00CW094. A total of 3630 acre-feet total of nontributary groundwater underlying the Subject Property as decreed in Case No. 98CW198 and Consolidated Case Nos. 00CW60 and 00CW094 will be reserved for replacement of post-pumping depletions associated with this requested change. The remaining 7.1 acre-feet per year originally decreed to be withdrawn in Case No. 94CW198 will be used over a 300 year period for additional uses in the augmentation plan requested below. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 3. Groundwater to be augmented: 3.4 acre-feet per year of not nontributary Dawson aquifer groundwater to be withdrawn over a 300 year pumping period as decreed in Case No. 94CW198 and Consolidated Case Nos. 00CW60 and 00CW094. Applicant requests that the water to be withdrawn under this new plan be operated in combination with and in conjunction with the terms and conditions of Consolidated Case Nos. 00CW60 and 00CW094. A. Water rights to be used for augmentation: Return flows from the use of not nontributary Dawson aquifer water and return flows and direct discharge of nontributary aquifer groundwater as previously decreed in this court in the decrees described above. B. Statement of plan for augmentation: By this application, one acre-foot per year for 300 years will be used through one individual well to serve one residence for inhouse use (0.3 acre-feet), irrigation of up to 10,500 square-feet of irrigated area (0.6 acre-feet), and stockwatering of eight large domestic animals (0.1 acre-feet), and 2.4 acre-feet per year for 300 years will be withdrawn through one or more individual wells for storage purposes. The residence will utilize a non-evaporative septic system. Consumptive use associated with inhouse use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering and storage use will be considered to be 100% consumed. C. During pumping Applicants will replace actual depletions to the affected stream systems pursuant to Section 37-90-137(9)(c), C.R.S. Because depletions may occur to stream systems in Water Divisions 1 and 2, this application is being filed in both divisions. Return flows from use of the water on the Subject Property may return to the South Platte stream system and the Arkansas stream system and such return flows are sufficient to replace the required amount of replacement. If not, Applicants request that the total actual amount of depletion to all stream systems be returned to the South Platte River stream system and for a finding that those replacements are sufficient. Excess return flows generated by use of Dawson water in the original augmentation plans may be claimed to offset depletions under this augmentation plan if necessary. Applicants will reserve an equal amount of nontributary groundwater as decreed in Case No. 94CW198 and Consolidated Case Nos. 00CW60 and 00CW094 to meet post pumping augmentation requirements, but reserve the right to substitute the use of other nontributary groundwater underlying the other land, including return flows, for replacement of post-pumping depletions at such time that post-pumping depletions may begin. 07CW114 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS IN DOUGLAS COUNTY, COLORADO. 1. Name, address and telephone number of applicant: Sacred Heart Jesuit Retreat House (“Applicant”), c/o Father Louis McCabe, 4801 N. Highway 67, P.O. Box 185, Sedalia, CO 80135. Telephone: (303) 688-4198. Please direct all correspondence to: Peggy E. Montaño, Esq. and Laurianne M. Jackson, 1120 Lincoln Street, Suite 1600, Denver, CO 80203. Telephone: 303-861-1963. Fax: 303-832-4465. Email: pmontano@troutlaw.com and ljackson@troutlaw.com. 2. Legal Description of the Subject Property (located in Douglas

23

County, Colorado): The Sacred Heart Jesuit Retreat House property, which is the subject of this application, is approximately 287.65 acres of land (hereinafter referred to as the “Property”) located as follows: A. Parcel No. 1: E1/2 NW1/4 SE1/4 and W1/2 NE1/4 SE1/4, Section 22, T.7S., R.68W., 6th P.M. B. Parcel No. 2: NW1/4 SW1/4, S1/2 SW1/4, SW1/4 SE1/4 and the portion of the SE1/4 SE1/4, lying north of State Highway #67, in Section 22, T.7S., R.68W., 6th P.M. A portion of the SW1/4 SW1/4 of Section 23, T.7S., R.68W., 6th P.M. A portion of the NW1/4 NE1/4 of Section 27, T.7S., R.68W., 6th P.M. C. Parcel No. 3: A portion of the N1/2 NW1/4, Section 27, T.7S., R.68W., 6th P.M. Lots 31 through 39, inclusive, Indian Creek Ranch, Filing No. 1, according to the recorded plat thereof. A map showing the general location of the Property is attached as Figure 1 to the Application. 3. Well Permits: A. Well Permits will be applied for prior to construction of the wells. Applicant requests the right to construct such wells anywhere on the Property in order to recover the entire amount of ground water found to be available in the Denver, Arapahoe, and Laramie-Fox Hills aquifers (the “subject aquifers”) underlying the Property. The wells which will withdraw the ground water will be located at any location on the Property subject to C.R.S. § 37-90-137(4). B. There is one existing undecreed well on the Property. Well Permit No. 41347 is an exempt well, with an appropriation date of May 30, 1970. By this application, Applicant seeks the adjudication of this well pursuant to C.R.S. § 37-92-602(4). C. There are two existing decreed wells on the Property. Case No. W-1209, March 24, 1972, District Court in and for Water Division No. 1, Well Permit Nos. 1-27646 and 2-27946. A map attached as Figure 1 to the Application shows the locations for the exempt and decreed wells. D. There is one existing pre-213 well, which is not located on the Property, that impacts the water rights in the Denver and Arapahoe aquifers underlying the Property. Thunderbird Well, Well Permit No. 5984-F, is located in Section 27 and completed in both the Denver and Arapahoe aquifers. Approximately 12 acres are impacted in the Denver aquifer and 10 acres in the Arapahoe aquifer. The estimated average annual amounts of withdrawal in paragraph 8 below, reflect the reduced acreage for the Denver and Arapahoe aquifers in light of the Thunderbird Well. 4. Legal Description of the Existing Wells (all structures in Douglas County, Colorado): A. Well Permit No. 41347: W1/2 NE1/4 SE1/4, Section 22, T.7S., R.68W., 6th P.M., at a point 1640 feet from the South section line and 1085 feet from the East section line. B. Well Permit No. 1-27646: Beginning at the SW Corner of Section 22, T.7S., R.68W., 6th P.M., and bearing South 82º West 2,250 feet. C. Well Permit No. 2-27946: Beginning at the SW Corner of Section 22, T.7S., R.68W., 6th P.M., and bearing South 67º West 3,000 feet. 5. Source: A. Not Nontributary Ground Water: The source of the ground water to be withdrawn from the Denver aquifer underlying the Property in Sections 22 and 23 and from the Denver and Arapahoe aquifers underlying the Property in Section 27 is not nontributary ground water as described in C.R.S. § 37-90-103(10.7). Withdrawals of such ground water require replacement to the affected stream system of an amount of water equal to either the actual depletions caused by pumping such wells or four percent (4%) of the amount of water withdrawn, pursuant to a judicially approved plan for augmentation. No such plan is sought herein. Otherwise, such water may be fully consumed to extinction for all beneficial uses. B. Nontributary Ground Water: The source of the ground water to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers underlying the Property in Sections 22 and 23 and from the Laramie-Fox Hills aquifer underlying the Property in Section 27 is nontributary ground water as described in C.R.S. § 37-90-103(10.5). Applicant will comply with the requirement to relinquish two percent (2%) of all such nontributary ground water withdrawn to the stream system. Otherwise, such water may be fully consumed to extinction for all beneficial uses. 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to be available from the subject aquifers underlying the Property (approximately 287.65 acres) described in paragraph 2 above, based upon a statutory aquifer life of 100 years. B. Withdrawal in the average annual amounts determined to be available from each of the subject aquifers can be made pursuant to C.R.S. § 37-90-137(4), without causing material

24

injury to the vested rights of others, provided that, withdrawals of not nontributary ground water may be made only pursuant to a judicially approved plan for augmentation of depletions caused by such withdrawals. 8. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as shown below, are based upon the Denver Basin Rule, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the subject aquifers underlying the Property: Section Aquifer Saturated Thickness (ft) Annual Amount 100 yrs (af/yr)* 22 & 23 Denver 385.6 86 (NNT) Arapahoe 341.9 136 (NT) Laramie-Fox Hills 177.3 62 (NT) 27 Denver 431.7 30 (NNT) Arapahoe 339.1 25 (NNT) Laramie-Fox Hills 177.9 14 (NT) * The annual appropriation for the Denver aquifer in Section 22 reduced by 68 af/yr for the decreed and existing wells (48 af/yr for Well Permit No. 1-27646, 19 af/yr for Well Permit No. 2-27946, and 1 af/yr for Well Permit No. 41347) described in paragraphs 3.B. and 3.C. above. Acreage reduced in the Denver and Arapahoe aquifers in Section 27 due to an existing pre-213 well (Thunderbird Well, Well Permit No. 5984-F) described in paragraph 3.D. above. 9. Well Fields; Additional Wells: Applicant requests the right to withdrawal all of the available ground water in the subject aquifers underlying the Property through any well(s) initially permitted in such aquifer and any additional well(s) which may in the future become part of the Applicant’s well field. As additional wells are needed, well permit applications will be filed in accordance with C.R.S. § 37-90-137(10). 10. Proposed Uses: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, commercial, irrigation, agricultural, stock watering, recreational, fire protection, and fish and wildlife. The subject water will be produced for immediate application to said uses, both on and off the Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-92-302(2) and 37-90-137(6). 12. Name of Owner of the Property: The owner of the Property described herein is the Jesuit Retreat House doing business as Sacred Heart Retreat House, also known as Sacred Heart Jesuit Retreat House. 13. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 8 above pursuant to Rule 8A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. B. Applicant requests the right to revise the above estimate of the average annual amount available for withdrawal upward or downward, based on better or revised data, without the necessity of amending or republishing this application. 07CW115 (Water Division 1 and 2) KING'S DEER DEVELOPMENT, LLC, 2790 N. Academy, #350, Colorado Springs, CO 80917. 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. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, IN EL PASO COUNTY. 2. Description of plan for augmentation: A.Groundwater to be augmented: 13 acre-feet per year of not nontributary Dawson aquifer groundwater to be withdrawn over a 300 year pumping period as decreed in Consolidated Case Nos. 94CW49(A) and (B), Water Division 2, and 94CW144(A) and (B), District Court, Water

25

Division 1. The land which is the subject of the decree is approximately 1436 acres located in Sections 4, 5, 8, 9, and 17, T11S, R66W of the 6th P.M., as shown on Attachment A hereto (Subject Property). B.Water rights to be used for augmentation: Return flows from the use of not nontributary Dawson aquifer water and return flows and direct discharge of nontributary groundwater as decreed Case No. 85CW230, District Court, Water Division 1. C. Statement of plan for augmentation: The 13 acre-feet per year will be used to serve 31 residential lots on the Subject Property for 300 years, through individual wells which will withdraw at rates of flow of 15 gpm. Each well will withdraw and use 0.419 acre-feet annually for inhouse use (0.27 acre-feet) and irrigation of 3000 square-feet of home lawn and garden (0.149 acre-feet). Applicant reserves the right to revise the number of lots to be served and the referenced demand without the need of revising or republishing this application. Each lot will utilize a non-evaporative septic system. Consumptive use associated with inhouse use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Applicant requests that this plan for augmentation be operated in combination with an augmentation plan previously approved for withdrawal of the same type of groundwater in the decrees described in paragraph 2.A. D. During pumping Applicant will replace actual depletions to the affected stream systems pursuant to Section 37-90-137(9)(c), C.R.S. Because depletions may occur to stream systems in Water Divisions 1 and 2, this application is being filed in both divisions. Return flows from use of the water on the Subject Property may return to the South Platte River stream system and the Arkansas River stream system and such return flows are sufficient to replace the required amount of replacement. If not, Applicant requests that the total actual amount of depletion to all stream systems be returned to the South Platte River stream system and for a finding that those replacements are sufficient. In the alternative, Applicant or successors in interest will begin replacement of depletions to the Arkansas River stream system by utilizing nontributary Denver aquifer groundwater at the time that actual depletions begin to that system, in conjunction with an augmentation plan in the decrees described in paragraph 2.A. Applicant will reserve an adequate amount of the nontributary groundwater underlying the land to meet post pumping augmentation requirements. 07CW116 EDMUNDSON LAND, LLC, c/o Matt Edmundson, 15300 E. 132nd Avenue, Brighton, CO 80601; c/o Anne J. Castle, Meghan N. Winokur, Holland & Hart, LLP, 555 17th Street, Ste. 3200, P.O. Box 8749, Denver, CO 80201-8749. Telephone: 303-295-8000, Fax: 303-295-8261. Email: acastle@hollandhart.com, mwinokur@hollandhart.com. CONCERNING THE APPLICATION FOR DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS OF EDMUNDSON, LLC, IN WELD COUNTY. Claim to Ground Water in the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills Aquifers: Applicant is the owner of a parcel of approximately 141.2 acres of land located in Weld County, more specifically described below (the “Property”), and through this application, Applicant claims all of the ground water in the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying the Property. Wells and Well Permits: Applicant will apply for well permits prior to construction of any wells. Applicant will locate a sufficient number of wells on the Property to withdraw all ground water in the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying the Property. The wells may be constructed at any location on the Property subject to Colo. Rev. Stat. § 37-90-137(4). A well permit has been issued for the withdrawal of nontributary water from the Lower Arapahoe aquifer underlying the Property (Well Permit No. 65453). Applicant may establish a well field for the production of the ground water that is the subject of this application and shall be entitled to well permits for additional wells pursuant to Colo. Rev. Stat. § 37-90-137(10). Total Amount of Water Claimed: Applicant seeks a decree confirming its right to all unappropriated water underlying the Property in the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers. The estimated average annual amounts of withdrawal from the subject aquifers as indicated below, are based upon the Denver

26

Basin Rules, 2 C.C.R. § 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Upper Arapahoe, Lower Arapahoe, and Laramie Fox-Hills aquifers underlying the Property: Upper Arapahoe Aquifer: 11.4 acre-feet per year; 17% specific yield; 47 feet average saturated thickness; Lower Arapahoe Aquifer: 22.5 acre-feet per year; 17% specific yield; 94 feet average saturated thickness; Laramie-Fox Hills Aquifer: 34.0 acre-feet per year; 15% specific yield; 160 feet average saturated thickness. Applicant requests that the annual amounts of withdrawal be adjusted to conform to actual local aquifer characteristics when adequate information is obtained from well drilling or test holes. Applicant claims all nontributary and not nontributary ground water underlying the Property and requests the right to revise the estimated amounts of water available from the subject aquifers upward or downward, based on better or updated data, without the necessity of amending this application or republishing same. Applicant requests confirmation of its ability to withdraw the ground water in the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers from the wells to be constructed in the future in excess of the average annual amount decreed, so long as the sum of the total withdrawals from the aquifer does not exceed the product of the total number of years since the date of issuance of the well permit or the date of this Court’s decree, whichever occurs first, and the amount of average annual withdrawal. Applicant will supplement this application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of the application with this Court, a determination as to the facts of this application. Character of Ground Water: Applicant asserts that the annual withdrawal of the amounts of Lower Arapahoe and Laramie-Fox Hills aquifers ground water specified above, subject to the terms and conditions proposed herein, will not result in material injury to the vested water rights of others and will not, within 100 years, deplete the flow of the natural stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal and the ground water is nontributary as defined in Colo. Rev. Stat. § 37-90-103(10.5). In order to assure that no vested water rights are materially affected by withdrawals of this nontributary ground water, no more than ninety-eight percent of the water withdrawn annually from any of the future wells shall be consumed by Applicant. Applicant asserts that the ground water to be withdrawn from the Upper Arapahoe aquifer pursuant to this application is not nontributary ground water pursuant to Colo. Rev. Stat. § 37-90-103 (10.7). Thus, ground water from the Upper Arapahoe aquifer will not be used until a plan for augmentation is approved by the Court pursuant to Colo. Rev. Stat. § 37-90-137 (9)(c). Applicant asserts that it is entitled to a decree determining its rights to the water in the Upper Arapahoe aquifer underlying its land prior to the approval of any augmentation plan so long as such a plan is proposed and approved prior to the use of the water from the Upper Arapahoe aquifer. Proposed Use of Water: The water withdrawn from the proposed wells will be used for all existing and future beneficial purposes, including, without limitation, domestic, municipal, irrigation, commercial, industrial, storage, augmentation, replacement, fire protection, recreation, livestock watering, dust control, and fish and wildlife. Applicant claims the right to store, recapture, the right of reuse and successive use and, after use, the right to lease, sell, or otherwise dispose of said water. The right of successive use shall include the use and claiming of credit for any return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106, and to Applicant’s obligation to consume no more than ninety-eight percent of the nontributary water withdrawn annually from the wells described herein, pursuant to Rule 8 of the Denver Basin Rules. Said water will be produced for immediate application to beneficial use, for storage and subsequent application to beneficial use, for exchange purposes, for replacement of depletions, for relinquishment pursuant to Colo. Rev. Stat. § 37-90-137(9)(b), and for any other augmentation purpose. Description of the Land Overlying the Subject Nontributary and Not Nontributary Ground Water: The Property consists of approximately 141.2 acres of land overlying the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers, described as follows: The Southeast 1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., except that portion conveyed in the Deed recorded in Book 406 at Page 282 (Beebe Seep Canal),

27

Book 983 at Page 7, February 11, 1953 in Book 1350 at Page 102 and March 31, 1980 in Book 899 at Reception No. 1820844 and in the Deed recorded October 23, 1973 at Reception No. 1623369, County of Weld, State of Colorado, also known by street and number as 18539 Weld County Road 4, Brighton, CO 80601. Name and Address of Owner of Land: Applicant. 07CW117 JAMES P AND LINDA K HENDRIX, 10585 W. 23RD PL., LAKEWOOD, CO 80215. Telephone: (303) 238-7358. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Hendrix Well. Original Case no.: W-8107 in Water Division 1. Legal description: NW1/4, SW1/4, S5, T10S, R75W of the 6th PM at a distance 2500 feet from South and 880 feet from West. Street address: TBD Night hawk Circle, Jefferson, CO 80456. Subdivision: Elkhorn Ranch, Filing 4, Lot 202. Source: groundwater. Appropriation date: Dec. 31, 1975. Amount: 15 gpm conditional. Use: Single dwelling household. Depth: TBD. 2007CW118 JOHN STEVEN AND ATIEH VICTORIA JONES, 43369 Meadow Brook Circle, Parker, CO 80138; RICHARD GILBERT, 2151 Elizabeth Drive, Parker, CO, 80138; ROBERT L. RYBERG, 2174 Elizabeth Drive, Parker, CO 80138, and EARL SOLOMON, 2082 Elizabeth Drive, Parker, CO 80138. 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. APPLICATION FOR UNDERGROUND WATER RIGHTS AND UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND THE NOT NOTNRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is Tracts 3, 4, 5, and 6, Meadowbrook Ranches, comprised of a total of approximately 117.2 acres, as generally located in the S1/2 of Section 26, T6S, R65W of the 6th P.M., as shown on Attachment A hereto (Subject Property). Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective tracts. Applicants John Steven and Atieh Victoria Jones are the owners of Tract 3 (35 acres); Applicant Richard Gilbert is the owner of Tract 4 (35 acres); Applicant Robert L. Ryberg is the owner of Tract 5 (39.7 acres); and Applicant Earl Solomon is the owner of Tract 6 (37.5 acres). The wells which will withdraw the subject groundwater will be located at any location on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers underlying the Subject Property as indicated below, are based on the Denver Basin Rules, 2 C.C.R. 402-6:

Aquifer Saturated Thickness Annual Amount Upper Dawson 140 feet 32 acre-feet* Lower Dawson 65 feet 15 acre-feet Denver 375 feet 74 acre-feet Arapahoe 240 feet 47 acre-feet Laramie-Fox Hills 213 feet 37 acre-feet *The amount available will be reduced for an existing exempt well located on each tract (Well Permit Nos. 182977, 190924, 177004, and 199218). 6. Well Fields: Applicants request that this

28

Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below their respective tracts, through wells or any additional wells which may be completed in the future, as Applicants' well fields, subject to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes.8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to Sections 37-92-302(2) and 37-90-137(6), C.R.S., 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 6 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7., B. Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. 07CW119 Timothy and Diana Morrisey, 11115 Daley Circle, Parker, CO 80134, 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 hereby file APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN DOUGLAS COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 47.8 acres of land located in part of the SW1/4 of Section 21, T7S, R65W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well completed into the Upper Dawson aquifer as permitted in Well Permit No. 257350 which will be re-permitted to operate pursuant to the augmentation plan requested below, when necessary. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the subject aquifers: Saturated Annual Aquifer Thickness Amount Upper Dawson 161 feet 15 acre-feet (NNT)* Lower Dawson 61 feet 6 acre-feet (NT) Denver 198 feet 1 6 acre-feet (NT) Arapahoe 240 feet 1 9 acre-feet (NT) Laramie-Fox Hills 187 feet 1 3 acre-feet (NT)

29

*Applicants will reserve part of the Upper Dawson aquifer water for use through existing exempt wells on the Subject Property. 6. Well Field: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use, reuse, and successively use the water for domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: Approximately 4 acre-feet per year over a pumping period of 100 years of Upper Dawson aquifer groundwater as requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water to supply up to two residences (including existing well Permit No. 257350), which will operate at rates of flow not to exceed 15 gpm. The annual amount will be limited to approximately 4 acre-feet per year for inhouse use in two residences (0.4 acre-feet per residence and 0.8 acre-feet total), irrigation of one acre of home lawn and garden and trees (2.5 acre-feet), stockwatering of up to 12 large domestic animals (0.15 acre-feet), and storage (0.55 acre-feet). Applicants reserve the right to amend these values based on final planning of the Subject Property without amending the application or republishing the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Return flows from in-house use will be approximately 90% of water used and 10% of water used for irrigation will be returned to the stream system. Stockwatering and storage use will be 100% consumptively used. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Cherry Creek and Coal Creek stream systems. Return flows from use of the subject water rights via those stream systems will accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property to meet post pumping augmentation requirements, but reserves the right to substitute the use of other nontributary groundwater, including return flows, either underlying the Subject Property, or from another location which is legally available for such purpose, for replacement of post-pumping depletions at such time that post-pumping depletions may begin. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Applicants will withdraw part of the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. 07CW120. Application for Finding of Reasonable Diligence in BOULDER COUNTY. Name, mailing address, telephone number (residence and business) of applicant: Archdiocese of Denver, 1300 S. Steele St., Denver, CO 80210-2599, 303-722-4687; c/o Paul J. Zilis, Esq., Vranesh and Raisch, LLP, P.O. Box 871, Boulder, Colorado 80306, (303)443-6151. Name of structure: (well, spring, ditch, reservoir) Camp St. Malo Pond No. 5. Describe conditional water right (as to each structure) giving the following from the Referee=s Ruling and Judgment and Decree: A. Date of Original Decree: December 4, 1987, Case No. 86CW392, Court: District Court, Water Division 1. B. Legal Description: Camp St. Malo Pond No. 5 is an on-channel reservoir, and the outlet will be located in the NW1/4 NW1/4 of Section 11, Township 3 North, Range 73 West, 6th P.M., Boulder County, Colorado at a point approximately 4,970' West of the

30

East section line and approximately 4,520' North of the South section line of said Section 11. C. Source: Cabin Creek, tributary to St. Vrain Creek. D. Appropriation Date: December, 1986. Amount: 3 acre feet. E. Use: Commercial, domestic, recreational, piscatorial and fire protection purposes associated with Applicant=s church camp. F. Depth: (if well) Not applicable. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: A. Camp Saint Malo Pond No. 5 is a part of a group of decreed water rights which Applicant currently owns in order to provide an adequate water supply to Camp Saint Malo for both its present and future needs. The Applicant included the Pond in its decreed Plan of Augmentation (Case No. 86CW390) which coordinates and integrates all of its water rights. Pursuant to Case Nos. 86CW390 and 86CW392, Camp St. Malo Pond No. 5 will store water in priority for the stated uses, and it will also be utilized to store a portion of the augmentation water when constructed. The Applicant has operated its water system pursuant to the Plan of Augmentation since it was decreed. B. Site investigations and a feasibility analysis of Camp Saint Malo Pond No. 5, as well as Pond Nos. 1 and 4 were conducted during the diligence period. The site investigation evaluated the condition of the existing dams and the opportunity to enlarge the existing reservoir capacity compared to the feasibility of constructing Camp Saint Malo Pond No. 5. Permitting, environmental and cost factors were analyzed in determining the feasibility of the sites. C. During this diligence period, the Applicant has also analyzed the current and future uses of Camp Saint Malo, for which Camp Saint Malo Pond No. 5 will be required. The Applicant spent approximately $15,000 on its efforts during the diligence period. D. The Applicant has continued to operate, maintain, and repair the other facilities within its integrated water system. The Applicant spent approximately $126,000 on those activities during the diligence period. E. The Applicant has continually monitored water applications by other appropriators in the vicinity in order to protect its water rights, including Camp Saint Malo Pond No. 5. 07CW121 (98CW456) Golden Land Company, LLC, c/o Reginald V. Golden, Manager, 2602 Clover Basin Drive, Longmont, CO 80503, 303/702-0708. (Jeffrey J. Kahn, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900) APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE A CONDITIONAL WATER RIGHT ABSOLUTE IN BOULDER COUNTY. 2. Name of structure: Goldens Drain. Goldens Drain consists of a field drain constructed of a perforated pipe gallery with a pump. It is permitted for use as a well pursuant to Well Permit No. 051736-F. 3.Conditional water right: A) Date of original decree, case no. and court: The original decree was entered March 12, 2001, in Case No. 98CW456. B) Legal Description: The drain is located in the SE1/4 and the SW1/4 of Section 36, Township 3 North, Range 70 West of the 6th P.M., Boulder County, Colorado. The outlet is located in the SE1/4 of the SE1/4 of §36, approximately 300 feet west of the east section line and 450 feet north of the south section line. C) Source: Alluvium of the St. Vrain River. D) Appropriation Date: December 30, 1998. E) Amount: 800 gpm, conditional. 4. Uses: Livestock, industrial, irrigation, augmentation and exchange. The acreage to be irrigated is 37.555 acres more or less in Boulder County, Colorado, beginning at a point on the west line of SE1/4 of §36, T3N, R70W of the 6th P.M. from whence the NW corner said SE 1/4 bears N00°01’39”E 1904.23 feet and with all other bearings contained herein relative thereto: Thence along said west line N00°01’39”E 416.29 feet; thence S64°14’32”E 439.31 feet; thence N85°06’38”E 908.29 feet; thence S69°18’13”E 288.45 feet; thence S50°02’53”E 315.51 feet; thence S77°04’57”E 237.13 feet; thence S88°30’47”E 261.97 feet; thence S57°22’00” E 428.59 feet; thence S85°09’01” E 379.50 feet; thence S45°13’15” E 264.46 feet; thence N88°59’39” E 289.17 feet; thence S37°02’56” E 144.34 feet; thence S81°45’47”E 377.81 feet to the east line of the SW1/4 the SW1/4 of §31, T3N, R69W; thence along said east line S00°47’22”E 57.45 feet to the SE corner of the SW1/4 of the SW1/4 of §31, T3N, R69W of the 6th P.M.; thence along the

31

east line of the W1/2 of the NW1/4 of §6, T2N, R69W, S00°08’28” E 1561.28 feet to the centerline of St. Vrain Road; thence along said centerline N65°35’29” W 65.96 feet; thence leaving said centerline N00°08’28” W 1533.84 feet; thence S89°49’30”W 542.16 feet; thence N49°18’40”W 604.68 feet; thence N90°00’00”W 389.72 feet; thence S60°58’50”W 360.24 feet; thence N60°45’28”W 309.15 feet; thence N87°00’03” W 500.72 feet; thence S27°25’30”W 264.41 feet; thence S89°57’59”W 264.00 feet; thence N65°32’53”W 346.19 feet; thence N87°46’13”W 190.31 feet; thence N48°30’31”W 286.85 feet; thence N60°57’42”W 177.96 feet; thence N43°31’30”W 200.83 feet; thence N90°00’00”W 48.12 feet to the point of beginning. 5. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, Applicant has installed a pump in the well and pumped the well when in priority with the permission of the water commissioner. The drain and pump were installed in April, 2001. During the diligence period, Applicant submitted to the State Engineer a Statement of Beneficial Use, Well Construction and Test Report, and Pump Installation and Test Report for the Goldens Drain. The Statement of Beneficial Use was accepted by the State Engineer on April 12, 2002, allowing the well permit to remain in effect. The expenditures related to pumping during the past six years include approximately $530 per year in fuel and labor cost. Legal fees associated the Goldens Drain during the diligence window, including permitting work, totaled approximately $2,700. 6. If a claim to make absolute, water applied to beneficial use: Applicant first diverted in priority and used 800 gpm for the decreed purposes on April 25, 2001, as set forth in the Statement of Beneficial Use accepted by the State Engineer on April 12, 2002, and claims the entire amount absolute. 7. Name(s) and address(es) of owner(s) of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The Structure is located on land owned by the Applicant. WHEREFORE, Applicant requests the Court to make the water right absolute, or, in the alternative, Applicant requests the Court find Applicant has been diligent in the development of the water right, and continue the conditional water right for an additional six years. 07CW122, Name, Address and Telephone number of Applicant: Deuel and Snyder Improvement Company, c/o Scott Kembel, President, 17450 Beaver Creek Dr., Brush, Colorado, 80723, (970) 842-2117. APPLICATION FOR WATER RIGHTS AND APPROPRIATIVE RIGHT OF EXCHANGE IN MORGAN COUNTY 2. Name of Structure: Deuel and Snyder Recharge Project Enlargement: A. Legal Description: The NW1/4 SW1/4 of Section 26, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado at the diversion works of the Deuel and Snyder Canal. B. Source: South Platte River C. Date of Appropriation: May 31, 2007 D. How Appropriation was Initiated: formation of intent to divert water to beneficial use and filing of this application. E. Use: water will be used as a source of substitute supply and replacement in a plan for augmentation for water rights used for irrigation, livestock, fire protection, wildlife and wildlife recovery, and for replacement of return flow obligations. Water diverted under the subject right is considered fully consumable, and may be diverted and re-diverted, used and reused to extinction either directly or by exchange. F. Amount: 16 c.f.s., conditional. G. Remarks: Applicant operates an existing Recharge Project decreed in Case 2003CW222 with a decreed rate of diversion of 68 c.f.s. The Recharge Project generates accretions for use as a replacement source in an augmentation plan also decreed in that case. Under the existing Recharge Project water is diverted at the headgate of the Deuel and Snyder Canal identified above and allowed to either percolate along the length of the ditch or is delivered to recharge facilities proximate to the ditch. With this Application, the rate of diversion for the D&S Recharge Project will be increased to a total of 84 c.f.s. 3. D&S Exchange: Applicant claims an appropriative right of exchange for the diversion of excess recharge accretions generated by operation of the Deuel and Snyder Recharge Project, and Enlargement. Pursuant to

32

the decree entered in Case No. 2003CW222, such accretions are fully consumable, and may be diverted and rediverted, used and reused to extinction. A. Legal Description of upstream and downstream terminus of exchange. (1) Upstream Terminus (exchange to point): the headgate of the Deuel and Snyder Canal described above. (2) Downstream Terminus (exchange from point): From the NE1/4 of Section 31, T. 4 North, R. 57 West of the 6th P.M. (in the vicinity of Highway 52 as it crosses the South Platte River) to approximately the SE1/4 of Section 19, T. 4 North, R. 56 West of the 6th P.M. (at the point where Wildcat Creek enters the South Platte River), in Morgan County, Colorado. B. Date of Appropriation: May 31, 2007 C. How Appropriation Was Initiated: Formation of intent to divert water and operate the exchange and filing of this application. D. Amount: Applicant intends to exchange water at rate equal to the maximum rate of its excess recharge accretions. The rate of exchange will not exceed 84 c.f.s. 07CW123 Colorado Mountain Properties, Inc., Mountain Land Construction Co., Ronald P. Lewis, and Carol J. Lewis, 26624 North Turkey Creek Road, Evergreen, Colorado 80439, Christopher C. Van Inwagen, 7220 Highway 73, Evergreen, Colorado 80439, Patrick Deromedi, 7062 Lynx Lair Road, Evergreen, Colorado 80439, North Fork Associates, LLC and Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR SURFACE AND ALLUVIAL WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR SURFACE AND ALLUVIAL WATER RIGHTS: 1. Names of Structures: Sprucedale Infiltration Gallery No. 1, Sprucedale Infiltration Gallery No. 2 and Sprucedale Ditch.. 2. Legal Descriptions of Points of Diversion: The Sprucedale Infiltration Gallery No. 1 is located in the NE 1/4 NW 1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 2,650 feet from the East Section line and 110 feet from the North Section line of said Section 28. The Sprucedale Infiltration Gallery No. 2 is located in the NE 1/4 NW 1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 2,720 feet from the East Section line and 190 feet from the North Section line of said Section 28. The Sprucedale Ditch is located in the NE 1/4 NW 1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 2,810 feet from the East Section line and 300 feet from the North Section line of said Section 28. 3. Source of Water: Sprucedale Infiltration Gallery No. 1 and Sprucedale Infiltration Gallery No. 2: The alluvium of Cub Creek, a tributary of Bear Creek and the South Platte River. Note: The Sprucedale Infiltration Gallery No. 1 was hand dug in 1963 to a depth of approximately 15 feet and has historically served a single-family home. The Sprucedale Infiltration Gallery No. 2 was constructed in conjunction with the building of an off stream reservoir adjacent to Cub Creek to eliminate the potential for alluvial Cub Creek water applying upward pressure on the reservoir liner. Sprucedale Ditch: Cub Creek. 4.A. Dates of Appropriation: Sprucedale Infiltration Gallery No. 1: June 30, 1963. Sprucedale Infiltration Gallery No. 2: June 30, 2006. Sprucedale Ditch: June 30, 1962. 4.B. How Appropriation was Initiated: Construction of each structure. 4.C. Dates Water Applied to Beneficial Use: Sprucedale Infiltration Gallery No. 1: July 31, 1963. Sprucedale Infiltration Gallery No. 2: N/A. Sprucedale Ditch: N/A. 5. Amount Claimed: Sprucedale Infiltration Gallery No. 1: 15 gallons per minute, Absolute. Sprucedale Infiltration Gallery No. 2: 15 gallons per minute, Conditional. Sprucedale Ditch: 30 gallons per minute, Conditional. 6. Use or Proposed Use: Ordinary household purposes inside single-family dwellings and fire protection purposes. 7. Names and Addresses of Owners of Land on which the Structures are Located: Ronald P. Lewis and Carol J. Lewis, as described above. 8. Remarks: Water diverted under the above described water rights may be held temporarily in a small reservoir or clear well in conjunction with the operation of the central water system described below. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented:

33

Sprucedale Infiltration Gallery Nos. 1 and 2, and Sprucedale Ditch. 2. Water Rights to be Used for Augmentation Purposes. a. Water associated with 63.1 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 63.1 shares represent the right to receive 1.98 acre feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

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

Appropriation Date

Priority Number Source Amount MMRC Entitlement

Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the 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. 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

34

and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 94CW290, 2000CW060 and 2001CW293. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The purpose of this augmentation plan is to provide a water supply for a residential development located on approximately 102 acres in portions of Section 28, Township 5 South, Range 71 West, 6th P.M., Jefferson County. A map of the service area is depicted on the attached Exhibit "A." Approximately 100 single-family homes will be served. b. Water for the development will be supplied from a central water system using water obtained from the Sprucedale Infiltration Gallery Nos. 1 and 2, and the Sprucedale Ditch. Use of water is limited to in-house purposes within single-family residences. Twelve of the homes to be served currently exist and have been occupied for varying lengths of time ranging from eighteen months to five and one-half years. Water usage at each residence has been metered. The average usage of water has been documented to be 126 gallons per day per residence. This augmentation plan has been designed to accommodate an average daily water usage of 150 gallons per residence. Total projected water usage under the plan is not anticipated to exceed 16.8 acre-feet per year. Depletions will be replaced in accordance with measured water deliveries to customers. c. Wastewater from all in-building uses of water is currently or will be treated utilizing engineered individual sewage disposal/recharge systems, also known as septic tank/soil absorption systems. Return flows are to Cub Creek. A mechanical type of central wastewater treatment facility may be constructed in the future. d. Depletions associated with water which is used inside buildings will be based on a ten percent (10%) consumption factor if wastewater is treated using septic tank leach field systems, and five percent (5%) if wastewater is treated using a mechanical type wastewater treatment facility. Maximum stream depletions are not anticipated to exceed 1.98 acre-feet per year. The figure includes evaporation losses from an on-site reservoir. Monthly depletions will average approximately 0.17 of an acre-foot per month if all wastewater is treated using septic tank leach field systems. 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. In the alternative, replacement water may be released from an on-site reservoir or from a reservoir available to MMRC located upstream of the confluence of Cub Creek and Bear Creek. g. Since the point of depletion associated with water use from the development described herein is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, the Applicants assert an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-

35

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; thence up Bear Creek to its confluence with Cub Creek located in the SW 1/4 NE1/4 of Section 10, Township 5 South, Range 71 West, 6th P.M.; and thence up Cub Creek to the point where depletions from the development impact Cub Creek in the NE 1/4 NW 1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Cub Creek, Bear Creek and the South Platte River as the depletions occur. The exchange will also be used to fill an on-site reservoir. The exchange will be administered with a priority date of May 31, 2007, at a maximum flow rate of 0.3 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which New Structures will be Located: N/A. WHEREFORE, the Applicants request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Applicants also request a determination that the Sprucedale Infiltration Gallery Nos. 1 and 2, and the Sprucedale Ditch can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. To the extent determined to be needed, Applicants also request that the State Engineer be required to issue well permits for the Sprucedale Infiltration Gallery Nos. 1 and 2. (8 pages and one exhibit). AMENDMENTS 03CW88, District Court, Water Division No. 1, State Of Colorado, 901 9th Avenue, Greeley, Colorado 80631. In The Matter Of The Application For Water Rights Of Cherry Creek Water Users Association, In ARAPAHOE AND DOUGLAS COUNTIES, Colorado. SECOND AMENDED APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND FOR CONDITIONAL STORAGE WATER RIGHTS. 1. Name and address of applicant: Cherry Creek Water Users Association, P.O. Box 574, Parker, CO 80134. Copies of all pleadings to: Stephen C. Larson, Leah A. Kukowski, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, CO 80304, (303) 442-1900. 2. Introduction: Applicant, Cherry Creek Water Users Association (“CCWUA”), is a Colorado nonprofit corporation comprised of water users with underground water rights, surface water rights and storage water rights located in Douglas and Arapahoe Counties, Colorado, which water rights are tributary to Cherry Creek. The majority of CCWUA water users own and operate alluvial wells. This amended application seeks approval of an augmentation plan to replace out-of-priority depletions in the required amount, time and location to prevent injury to senior calling water rights on Cherry Creek for the structures identified herein. This application is being amended principally to reflect (a) that a number of structures to be augmented as identified in the original plan have been eliminated from the plan, and (b) changes in the augmentation sources identified in the original application. 3. The water rights of the CCWUA which are the subject of this application are set forth in greater detail below and include agricultural, domestic and municipal uses and a general location map is attached as Exhibit A. PLAN FOR AUGMENTATION. 4. Name and description of member structures to be augmented, including identification of owners of land upon which the structures are located: A. Assoc. Florists W 1-10652F, Structure I.D. # 5169, Well Permit No. 10652-F, decreed in Case No. W-5224, adjudicated on 12/31/1972 with an appropriation date of 6/8/1966, said structure located in the NW quarter of the NE quarter of Section 34, Township 7S, Range 66W of the 6th P.M. in Douglas County. The structure is located on property owned by Quality Landscape and Soil Products, Inc, Jeff and Robin Milliken, 2977 N. Hwy 83, Franktown, CO, 80116, Telephone Number: 303-688-4946. B. Frazier Well, Well Permit No. 12220-F, undecreed, said structure located in the NW quarter of the NE quarter of Section 12, Township 8S, Range 66W of the 6th P.M. in Douglas County. The structure is located on property owned by Martha Frazier, 364 N. Russellville Road,

36

Franktown, CO 80016, Telephone Number: 303-688-4448; C. Kobolt Sump, Well Permit No. 19704, undecreed, said structure located in the NE quarter of the NE quarter of Section 12, Township 8S, Range 66W of the 6th P.M. in Douglas County. The structure is located on property owned by Martha Frazier, 364 N. Russellville Road, Franktown, CO 80016, Telephone Number: 303-688-4448; D. Conehay Ditch, Structure I.D. # 1360 and the Conehay Ditch 2, Structure I.D. #1353, Case 99CW229, originally adjudicated on 11/28/1892 with an appropriation date of 8/19/1892, the Conehay Ditch is located in the NE quarter of Section 20, Township 9S, Range 65W of the 6th P.M. in Douglas County. The Conehay Ditch 2 is an alternate point of diversion located in the SE quarter of Section 1, Township 9S, Range 66W of the 6th P.M. in Douglas County. The structure is located on property owned by Philip A. & Elaine L. Mueller, 4490 S. Highway 83, Franktown, CO 80116, Telephone Number: 303-688-7415; E. Mueller Pond, decree pending in Case No. 99CW228, said structure located in the SE quarter of the SE quarter of Section 1, Township 9S, Range 66W of the 6th P.M. in Douglas County. This structure is an unlined, on-channel pond with a surface area of 4.8 acres. The structure is located on property owned by Philip A. & Elaine L. Mueller, 4990 S. Highway 83, Franktown, CO 80116, Telephone Number: 303-688-7415; F. George H. Gillen Jr. Well No. 1, Structure I.D. 6206, decreed in Case No. 3635 on 5/18/1972 with an appropriation date of 5/6/1964, said structure located in the SE quarter of the NE quarter of Section 19, Township 5S, Range 66W of the 6th P.M. in Arapahoe County. The structure is on property owned by Municipal Water Investors, 15460 E. Batavia Dr., Aurora, CO 80011, Telephone Number: 303-341-9310; G. Necessity Ditch, Structure I.D. # 1418 and Necessity Pump, Structure I.D. #1423, Case 99CW229. The Necessity Ditch was originally adjudicated on 12/10/1883 with an appropriate date of 6/26/1882, said structure located in NW quarter of the NW quarter of the NE quarter of Section 19, Township 9S, Range 65W of the 6th P.M. in Douglas County. The Necessity Pump is an alternate point of diversion located in the NW quarter of the NE quarter of the SW quarter of Section 18, Township 9S, Range 65W of the 6th P.M. in Douglas County. The structure is located on property owned by Philip A. & Elaine L. Mueller, 4990 S. Highway 83, Franktown, CO 80116, Telephone Number: 303-688-7415; H. Hewins Well No. 1-20686R, Structure I.D. # 5039, Well Permit No. 20686R, decreed in Case No. 3635, adjudicated on 5/18/1972 with an appropriation date of 3/21/1956, said structure located in the SE quarter of the SE quarter of Section 34, Township 7S, Range 66W of the 6th P.M. in Douglas County. The structure is located on property owned by Jean K. Noe, 3740 E. Lincoln Avenue, Parker, CO 80134, Telephone Number: 303-841-8086; I. Patterson Well 1-11630, Structure I.D. # 5189, Well Permit No. 11630FR, decreed in Case No. W-3178, adjudicated on 12/31/1972 with an appropriation date of 3/15/1967, said structure located in the NE quarter of the NE quarter of Section 15, Township 6S, Range 66W of the 6th P.M. in Douglas County. The structure is located on property owned by Patterson Floral Company, 11821 Pine Drive, Parker, CO 80138, Telephone Number: 303-841-0438; J. Converse Well No. 1, Structure I.D. # 5171, Well Permit No. 13623R, decreed in Case No. W5737, adjudicated on 12/31/1972 with an appropriation date of 9/8/1950, said structure located in the SE quarter of the NW quarter of Section 27, Township 7S, Range 66W of the 6th P.M. in Douglas County. The structure is located on property owned by Custom Lumber, Inc., 4203 N. Bayou Hills Rd., Parker, CO 80134, Telephone Number: 303-841-5666; K. Converse Well No. 2, Structure I.D. # 5171, Well Permit No. 13624R, decreed in Case No. W5737, adjudicated on 12/31/1972 with an appropriation date of 10/10/1956, said structure located in the SW quarter of the NE quarter of Section 27, Township 7S, Range 66W of the 6th P.M. in Douglas County. The structure is located on property owned by Custom Lumber, Inc., 4203 N. Bayou Hills Rd., Parker, CO 80134, Telephone Number: 303-841-5666; L. Tanin Sump 9623-F, Structure I.D. # 5160, Well Permit No. 9623-F, decreed in Case No. W-1939, adjudicated on 12/31/1972 with an appropriation date of 11/30/1965, said structure located in the SE quarter of the NW quarter of Section 16, Township 9S, Range 65W of the 6th P.M. in Douglas County. The structure is located on property owned by Theodore F. & Phyllis L. Tanin, 5369 S. Russellville

37

Rd., Franktown, CO 80116, Telephone Number: 303-688-4587; M. Tanin’s Spring 1, Structure I.D. # 1620, decreed in Case No. W-1939, adjudicated on 12/31/1972 with an appropriation date of 11/18/1910, said structure located in the SW quarter of the NE quarter of Section 16, Township 9S, Range 65W of the 6th P.M. in Douglas County. The structure is located on property owned by Theodore F. & Phyllis L. Tanin, 5369 S. Russellville Rd., Franktown, CO 80116, Telephone Number: 303-688-4587; N. Losey Well, Structure I.D. # 5049, Well Permit No. 20705, decreed in Case No. 3635, adjudicated on 5/18/1972 with an appropriation date of 3/26/1956, said structure located in the SE quarter of the SW quarter of Section 10, Township 7S, Range 66W of the 6th P.M. in Douglas County. The structure is located on property owned by Paul R. Thayer, 1694 S. Unita Way, Denver, CO 80231, Telephone Number: 303-757-0677; O. Matthews Well 2-18686R, Structure I.D. # 6679, Well Permit No. 18686R, decreed in Case No. 3635, adjudicated on 5/18/1972 with an appropriation date of 4/1/1948, said structure located in the SE quarter of the SW quarter of Section 10, Township 7S, Range 66W of the 6th P.M. in Douglas County. The structure is located on property owned by Paul R. Thayer, 1694 S. Unita Way, Denver, CO 80231, Telephone Number: 303-757-0677; P. Wallden Well 1-3012F, Structure I.D. # 7934, Well Permit No. 3012-F, decreed in Case No. W-1135, adjudication on 12/31/1971 with an appropriation date of 6/6/1960, said structure located in the SE quarter of the SW quarter of Section 29, Township 7S, Range 65W of the 6th P.M. in Douglas County. The structure is located on property owned by Juanita J. Wallden, 11438 E. Hilltop Road, Parker, CO 80134, Telephone Number: 303-841-3438; Q. Wallden Well 2-13879, Structure I.D. # 7935, Well Permit No. 13879, decreed in Case No. W-1135, adjudication on 12/31/1971 with an appropriation date of 8/31/1952, said structure located in the SE quarter of the SW quarter of Section 29, Township 7S, Range 65W of the 6th P.M. in Douglas County. The structure is located on property owned by Juanita J. Wallden, 11438 E.Hilltop Road, Parker, CO 80134, Telephone Number: 303-841-3438; R. Bowles Well 1, Structure I.D. # 5511, Well Permit No. 14873, decreed in Case No. W-4575, adjudicated on 5/12/1972 with an appropriation date of 5/31/1951, said structure located in the NE quarter of the NE quarter of Section 25, Township 7S, Range 65W of the 6th P.M. in Douglas County. The structure is located on property owned by the Jack Warren Family Trust, 3770 S. Clarkson St., Englewood, CO 80113, Telephone Number: 303-761-4237; S. Bowles Well 2-14874R, Structure I.D. # 5513, Well Permit No. 14874-R, decreed in Case No. 3635, adjudicated on 5/18/1972 with an appropriation date of 11/30/1953, said structure located in the SW quarter of the NE quarter of Section 30, Township 7S, Range 65W of the 6th P.M. in Douglas County. The structure is located on property owned by the Jack Warren Family Trust, 3770 S. Clarkson St., Englewood, CO 80113, Telephone Number: 303-761-4237; The locations of the structures to be augmented are generally depicted on the attached general location map, Exhibit A. 5. Water rights to be used for augmentation: The CCWUA will use Denver basin ground water available to the CCWUA pursuant to, but not limited to, two lease agreements as augmentation water. These lease agreements entitle CCWUA to use ground water from the nontributary Denver and Lower Dawson Aquifers. CCWUA reserves the right to add additional sources of augmentation water upon approval of the Division Engineer and/or Water Court, if required, provided that any such new sources are sufficient in time, place, and location so as to prevent injury to senior water rights. By lease dated July 29, 2003 between CCWUA and Phillip Mueller (the “Mueller Lease”), Applicant is entitled to use up to 100 a.f. per year of groundwater from the Denver Aquifer, decreed in Case No. 91CW034 (Water Div. 1) and withdrawn through a well referred to as DN-1, Well Permit No. 65282-F. By lease dated May 31, 2005, as amended on April 14, 2007, between CCWUA and Custom Lumber, Inc. (the “Custom Lumber Lease”), Applicant is entitled to use up to up to 100 a.f. per year of Lower Dawson aquifer ground water, decreed in Case No. 85CW166 (Water Div. 1), so long as such quantity of water is available pursuant to the water banking provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules. At such time that all groundwater available under the water banking provisions has been withdrawn, the quantity of Leased Water under the lease is 32 a.f.

38

per year. The Custom Lumber leased water is withdrawn through a well referred to as DA-1, Well Permit No. 62346-F. Copies of the Mueller Lease and the Custom Lumber lease are attached hereto as Exhibits B and C¸ respectively. A. Well Permit No. 65282-F (Mueller Lease). (1) Location: SW 1/4 of the NE 1/4 of Section 12, Township 9 South, Range 66 West, of the 6th P.M. at a point 1400 feet from the North section line and 2350 feet of the East section line, Douglas County, Colorado. This location is depicted on Exhibit A. (2) Original Decree: Case No. 91CW034 (Water Div. 1), decreed on December 9, 1991. This decree allows for withdrawal of 818.8 acre-feet annually from the Denver Aquifer with an estimated pumping rate of 500 gpm. (3) Amount & Source: Well Permit No. 65282-F allows for the withdrawal of 100 acre-feet annually from the Denver Aquifer with an estimated pumping rate of 300 gpm. (4) Uses: The well is decreed for use, reuse, and successive use, lease, sale, or otherwise disposed of for municipal, domestic, industrial, commercial, irrigation, stock watering, recreational, fish and wildlife, and any other beneficial purpose for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. B. Well Permit No. 62346-F (Custom Lumber Lease). (1) Location: SE 1/4 of the NW 1/4 of Section 27, Township 7 South, Range 66 West, of the 6th P.M., at a point 2050 feet from the North section line and 2000 feet from the West section line, Douglas County, Colorado. This location is depicted on Exhibit A. (2) Original Decree: Case No. 85CW166 (Water Div. 1), decreed on October 24, 1986. (3) Amount & Source: 32 acre feet annually from the Lower Dawson Aquifer at a maximum rate of 300 gpm, subject to the water banking provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules. (4) Uses: Use, reuse, and successively use all water withdrawn, from all aquifers, for all municipal, domestic, industrial, commercial, irrigation, stock watering, recreational, fish and wildlife and piscatorial purposes for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes. Such water is developed water with respect to any surface stream system or alluvial aquifer into which it might be introduced or become a part there of. The rights approved and decreed in Case No. 85CW166 include the rights to withdraw, reuse, successively use and dispose of by sale, exchange or otherwise, to extinction, all of such water. 6. Project demands and depletions: Based on historic diversion records, accounts, and projected uses, total projected diversions by CCWUA are anticipated to be approximately 84.3 acre-feet annually. This includes 12.53 acre-feet of surface evaporation occurring from Mueller Pond, identified in paragraph 3.E, above. Projected diversions are summarized in the attached Table 1. Net out-of-priority depletions, including lagged stream depletions, are estimated to be approximately 67.2 acre-feet. The net consumption for each structure is set forth in the attached Table 2 and stream depletions (net consumption lagged) are provided in Table 3. The calculated surface evaporation from Mueller Pond is set forth in attached Table 4. CCWUA reserves the right to change the mix of uses, the number of augmented structures, and the amount of diversions and depletions hereunder, provided that the out-of-priority depletions do not exceed the available augmentation water. 7. Statement of plan for augmentation: CCWUA will replace all out-of-priority depletions from the water rights described in Paragraph 3.A through 3.S, above, in the required time, place, and amount, with releases of water into the Cherry Creek and South Platte River systems, from the sources described in Paragraph 4, above. This augmentation plan will be operated in substantially the same manner as Applicant’s approved Substitute Water Supply Plan. Releases of Denver aquifer and Lower Dawson aquifer may be made directly into Cherry Creek at the following locations: Lower Dawson Aquifer Augmentation Water Point of Direct Discharge: SE 1/4 of the NW 1/4 of Section 27, Township 7S, Range 66W of the 6th P.M., at a point approximately 2,060 feet from the North Section Line and 1,790 feet from the West section line. Denver Aquifer Augmentation Water Point of Direct Discharge: SE 1/4 of Section 1, Township 9S, Range 66W of the 6th P.M. at a point approximately 910 feet from the South section line and 1,800 feet from

39

the East section line. Additionally, Applicant may utilize a recharge gallery to control the rate and timing of augmentation replacements from the Denver aquifer, Well Permit No. 31769-F, to the Cherry Creek and South Platte River systems, which will occur through the Mueller Recharge Gallery. The Mueller Recharge Gallery is an unlined recharge facility consisting of an underground drainage pipe that infiltrates at a constant rate of approximately 30 gpm, for a total of 48 acre-feet annually. The location of the Mueller Recharge Gallery is depicted on the attached Exhibit A. The Mueller Recharge Gallery and the point of accretion to Cherry Creek of augmentation water placed in this structure are more particularly described as follows: Mueller Recharge Gallery: SW 1/4 of the NE 1/4 of Section 12, Township 9 South, Range 66 West, of the 6th P.M. at a point approximately 1400 feet from the North section line and approximately 2350 feet from the East section line, Douglas County, Colorado. The structure is located on property owned by Phillip A. and Elaine L. Mueller, 4990 S. Highway 83, Franktown, CO 80116, (303) 688-7415. Denver Basin Point of Accretion to Cherry Creek: SE 1/4 of Section 1, Township 9S, Range 66W of the 6th P.M., at a point approximately 910 feet from the South Section Line and 1,800 feet from the East section line. Lagged depletion curves for each augmented structure included in the plan have been determined using the Glover methodology, Darcy’s law, or Modflow model (AUG3 model) developed by the Colorado Division of Water Resources. Net stream depletions are computed by subtracting the lagged return flows accruing to the stream (included that from recharge pit seepage), from the lagged stream depletion occurring from the use of water diverted by each structure. Total out-of-priority depletions for CCWUA’s augmented structures will be completed and recorded on a monthly basis. Replacement of these depletions will be made by augmentation releases in cooperation with the Division Engineer and Water Commissioner. CCWUA will provide an accounting of all plan operations to the Division Engineer by December 1st of each irrigation year. Diversions by all members will be metered. The annual accounting report, as well as monthly accounting record, shall be in a form acceptable to the Division Engineer. Applicant may add augmented structures and additional sources of augmentation water to this plan in cooperation with the Division Engineer or by filing an application to amend this plan. Such new structures and sources of replacement water may also be temporarily included in this plan under a substitute water supply plan approved by the Colorado Division of Water Resources. CONDITIONAL STORAGE WATER RIGHTS. 8. Converse Pond No. 1: A. Location: The SW 1/4 of the NW 1/4 of Section 27, Township 7 South, Range 66 West of the 6th P.M. at a point approximately 1,450 feet from the North section line and 100 feet from the West section line, in Douglas County, Colorado. B. Source: The source of supply will be water tributary to Cherry Creek and the South Platte River system diverted through the Converse Gallery Diversion. This structure does not intercept groundwater. C. Point of Diversion: This storage water right will be diverted through an alluvial well, known as Converse Gallery Diversion, located within 100 feet of Cherry Creek in the SE 1/4 of the NW 1/4 of Section 27, Township 7S, Range 66W of the 6th P.M. at a point approximately 1,375 feet from the North section line and 1,760 feet from the West section line. D. Use: Augmentation and recharge of depletions for municipal, domestic, industrial, commercial, irrigation, stock watering, recreational, fish and wildlife, and any other beneficial purposes. E. Date of appropriation: February 28, 2003. F. How appropriation was initiated: The appropriation was initiated by formation of the requisite intent to appropriate coupled with an engineering analysis, the filing of the original application for such structure in this case, and construction of the structure to store the Converse Pond No. 1 water right. G. Amount and Surface Area: 12.5 acre-feet, conditional, 100% of which is active capacity, with a surface area of 0.92 acres. Converse Pond No. 1 is a lined, excavated structure with no associated dam. H. Rate of Fill: Converse Pond No. 1 will be filled in priority via pipeline through diversions from the Converse Gallery Diversion at a rate of 1,100 gpm (2.45 c.f.s). I. Owner of Land on Which Structure is Located: Custom Lumber, Inc., 4203 N. Bayou Hills Rd., Parker, CO 80134, Telephone Number: 303-841-5666. 9. Converse Pond No. 2: A. Location: The SW 1/4 of the

40

NE 1/4 Section 27, Township 7 South, Range 66 West of the 6th P.M. at a point approximately 1,550 feet from the North section line and 2,070 feet from the East section line, in Douglas County. The structure is located on property owned by Custom Lumber, Inc., 4203 N. Bayou Hills Rd., Parker, CO 80134, Telephone Number: 303-841-5666; B. Source: The source of supply will be water tributary to Cherry Creek and the South Platte River system diverted through the Converse Gallery Diversion. This structure does not intercept groundwater. C. Use: Augmentation and recharge of depletions for municipal, domestic, industrial, commercial, irrigation, stock watering, recreational, fish and wildlife, and any other beneficial purposes. D. Point of Diversion: This storage water right will be diverted through the Converse Gallery Diversion located within 100 feet of Cherry Creek in the SE 1/4 of the NW 1/4 of Section 27, Township 7S, Range 66W of the 6th P.M. at a point approximately 1,375 feet from the North section line and 1,760 feet from the West section line. E. Date of appropriation: February 28, 2003. F. How appropriation was initiated: The appropriation was initiated by formation of the requisite intent to appropriate coupled with an engineering analysis, the filing of the original application, and construction of the structure to store the Converse Pond No.2 water right. G. Amount and Surface Area: 27.2 acre-feet, conditional, 100% of which is active capacity, with a surface area of 1.84 acres. Converse Pond No. 2 is an unlined, excavated structure with no associated dam. H. Rate of Fill: Converse Pond No. 2 will be filled in priority via pipeline through diversions from the alluvial Converse Gallery Diversion at a rate of 1,100 gpm (2.45 c.f.s). I. Owner of Land on Which Structure is Located: Custom Lumber, Inc., 4203 N. Bayou Hills Rd., Parker, CO 80134, Telephone Number: 303-841-5666. Converse Pond Nos. 1 and 2 and the Converse Diversion Gallery point of diversion are depicted on the attached Exhibit A. 10. No waiver of relinquishment of 35-acre exempt well permit rights: Nothing herein is intended to waive or relinquish any rights of any individual member to obtain a 35-acre exempt well permit pursuant to C.R.S. § 37-92-602(3)(b)(II)(A) for any well that so qualifies and that is not otherwise included in the augmentation plan set forth in this application. WHEREFORE, CCWUA requests that this Court enter a judgment and decree that provides as follows: i. Finds that, as a result of CCWUA’s augmentation plan augmenting the structures identified set forth herein, there will be no injury to any owner of, or person entitled to use, water under a vested water right or a decreed conditional water right; ii. Approves the plan for augmentation described in paragraphs 4 through 7 above; iii. Finds that the conditional water rights described in paragraph 8 and 9 can and will be diverted and placed to the beneficial uses described herein and water is available for appropriation; and iv. Grants the conditional water rights described in paragraphs 8 through 9 above.

1985CW370. Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (“GMS”), 3209 W. 28th Street, Greeley, CO 80634; (970) 330-4540, c/o Tom Cech C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, #200, Windsor, CO, 80550, (970)674-9888. APPLICATION TO AMEND DECREE TO IDENTIFY ADDITIONAL RECHARGE FACILITIES IN WELD COUNTY. 2. Name of Structure: Farmers Independent Ditch. 3. Information from previous decree. A decree was entered for the Farmers Independent Ditch Recharge Project on March 29, 1989, in Case No. 1985CW370, Water Division 1. A. Point of Diversion: SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P. M. on the east bank of the South Platte River. B. Source: South Platte River. C. Date of Appropriation: November 19, 1985. D. Amount: 90 c.f.s. E. Use: augmentation, recharge replacement and exchange. F. Description: The project allows water to be diverted at the headgate of the Farmers Independent Ditch for percolation along the length of the ditch, or for delivery to recharge facilities proximate to the ditch for percolation, and eventual accretion to the South Platte River to offset out of priority depletions associated with irrigation and other beneficial uses of water. 4. Description of Additional Recharge Facilities.

41

Paragraph 9.h. from the 1985CW370 decree allows expansion of the recharge project through the addition of recharge facilities not previously identified by filing an amendment to the decree. The facilities to be added under this amendment are described in the following table:

Legal Description

Facility Name Quarter Quarter Section

Dist from Section

Line

Dist from Section

Line

SDF Maximum

Surface Area (Acres)

Township 4 N, Range 66 W, 6th P.M. A&W Pond (North) NE NE 31 175N 76E 636 0.08 A&W Pond (South) NE NE 31 809N 350E 636 6.5 Viola Frank Pond (NW) NW NW 32 134N 149W 607 0.5 Viola Frank Pond (NE) NW NW 32 163N 431W 607 0.5 Viola Frank Pond (SW) NW NW 32 305N 134W 607 0.8 Viola Frank Pond (SE) NW NW 32 394N 300W 607 1.7 James Ewing Pond (NW) SE SW 10 1041S 2470W 980 0.5 James Ewing Pond (SE) SE SE 11 2278N 1303E 980 0.2 Robert Ewing Pond (East) NW NE 14 20N 1895E 980 0.14 Robert Ewing Pond(West) NW SW 10 1040N 2677E 980 0.36 Loeffler Pond 1 SE NE 1 1700N 299E 141 0.402 Loeffler Pond 2 NE SE 1 1700N 230E 141 0.425 Loeffler Pond 3 NE SE 1 1725N 245E 141 1.39 Weideman Pond (East) SW SW 29 417S 655W 611 0.7 Weideman Pond (West) SW SW 29 387S 111W 611 0.09 Weideman Pond (Center) SW SW 29 431S 387W 611 0.5

Township 3 N, Range 67 W, 6th P.M. Odenbaugh Pond SE NW 12 2065N 2932E 224 7.66 Opatril Pond (1) (West) NE SW 12 424S 2063E 207 2.23 Opatril Pond (2) SE SW 12 157S 2039E 207 2.25 Opatril Pond (3) SE SW 12 157S 1800E 207 2.17 Opatril Pond (4) (East) SE SW 12 157S 1560E 207 2.28

Township 4 N, Range 67 W, 6th P.M. Ptaznik Pond NE SW 36 2728N 2866E 544 0.6

5.Remarks: The recharge ponds identified herein have been surveyed and stage capacity curves are provided as Exhibit A to the Application which is on file with the Court. All water delivered to a recharge site will be measured and recorded and all recharge accretions will be determined and accounted for under the terms of the Decree entered in Case No. 1985CW370. Other than the addition of the recharge sites as described herein, no other changes to the 1985CW370 decree are proposed under this amendment. 6. Name and address of owner of lands upon which water may be stored/recharged: A. The A&W Ponds are on land owned by: A&W Water Service, Inc., P.O. Box 887, Ft. Lupton, CO 80621. B. The Viola Frank Ponds are on land owned by: Viola Mae Frank, 13411 WCR 38 1/2, Platteville, CO 80651. C. The James Ewing Ponds are on land owned by: James L. Ewing, 115611 State Highway 256, LaSalle, CO 80645. D. The Robert Ewing Ponds are on land owned by: Robert T. & Mardelle Ewing, 16512 WCR 46, LaSalle, CO 80645. E. The Loeffler Ponds are on land owned by: Elmer Loeffler, 23079 Hwy. 85, LaSalle, CO 80645. F. The Weideman Ponds are on land owned by: Robert & Ester Wiedeman, 20120 WCR 31, LaSalle, CO 80645. G. The Odenbaugh Pond is on land owned by: Percy P. & Carol L. Odenbaugh, 11660 WCR 36, Platteville, CO 80651. H. The Opatril Ponds are on land owned by

42

Alfred & Shirley E. Opatril, 16135 WCR 25, Platteville, CO 80651. I. The Ptaznik Pond is on land owned by: Michael J. Ptaznik, 4815 S. Vine St., Englewood, CO 80113-7133.

1987CW304, Name, Address and Telephone number of Applicant: Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (“GMS”), 3209 W. 28th Street, Greeley, CO 80634; (970) 330-4540, c/o Tom Cech. APPLICATION TO AMEND DECREE TO IDENTIFY ADDITIONAL RECHARGE FACILITIES IN WELD COUNTY 2. Name of Structure: Western Mutual Ditch Recharge Project. 3. Information from previous decree. A decree was entered for the Western Mutual Ditch Recharge Project on May 22, 1991, in Case No. 1987CW304, Water Division 1. A. Point of Diversion: In the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section Eleven (11), Township Three (3) North, Range Sixty-seven (67) West of the 6th P.M., Weld County, Colorado at the diversion works of the Western Mutual (Hewes and Cook) Ditch on the east bank of the South Platte River. B. Source: South Platte River and its tributaries. C. Date of Appropriation: March 17, 1987. D. Amount: 55.0 c.f.s. conditional; 20.0 c.f.s. absolute. (Note: 9 c.f.s. of the 55 c.f.s. originally decreed as conditional was made absolute in 1997CW161, and 2.4 c.f.s. was made absolute in 2004CW255.) E. Use: augmentation, recharge, replacement and exchange. F. Description: Waters are diverted into the Western Mutual Ditch at its existing headgate and are allowed to percolate into the underground aquifer and flow toward the South Platte River for the purpose of developing accretions to offset out of priority depletions associated with irrigation and other beneficial uses of water. The water so diverted may also be delivered through the ditch to facilities proximate to the ditch for beneficial use. Applicant has an agreement with the Western Mutual Ditch Company which allows the operation of this project. 4. Description of Additional Recharge Facilities. Paragraph 9.g. from the 1987CW304 decree allows expansion of the recharge project through the addition of recharge facilities not previously identified by filing an amendment to the decree. The facilities to be added under this amendment are described in the following table:

Legal Description

Facility Name Quarter Quarter Section

Dist from Section

Line

Dist from Section.

Line

SDF Maximum

Surface Area (Acres)

Township 4 N, Range 67 W, 6th P.M. Allen Frank Pond SW NE 25 1527N 1889E 607 0.4

Township 4 N, Range 65 W, 6th P.M. Lehan Pond NE 8 1689N 1593E 991 16.5 Craven Pond NE SE 5 2491S 82E 606 0.25 Schmidt Pond NW SE 7 2744N 2317E 1018 1.9

Township 4 N, Range 66 W, 6th P.M. Ray Pond NE NE

NW 13 442N 2973E 1687 1.4

Printz Pond NW SE 12 2211S 2622E 1167 2.38 5. Remarks: Remarks: The recharge ponds identified herein have been surveyed and stage capacity curves are provided as Exhibit A to the application which is on file with the Court. All water delivered to a recharge site will be measured and recorded and all recharge accretions will be determined and accounted for under the terms of the Decree entered in Case No. 1987CW304. Other than the addition of the recharge sites as described herein, no other changes to the 1987CW304 decree are proposed under this amendment. 6. Name and address of owner of lands upon which water may be stored/recharged: A. The Allen Frank Pond is on land owned by: James Alan & Lauri Ann Frank, 11957 WCR 40 1/2, Platteville, CO 80651. B. The Lehan Pond is on

43

land owned by Mike Lehan, W.C.L. Partnership, 9116 E. Sprague Ave. PMB #143, Spokane Valley, WA 99206. C. The Craven Pond is on land owned by: Rex & Irma Jean Craven, 22882 WCR 37, LaSalle, CO 80645. D. The Schmidt Pond is on land owned by: Tylene L. Schmidt, 18816 WCR 42, LaSalle, CO 80645. E. The Ray Pond is on land owned by: William W. & Patricia A. Ray, 17376 WCR 46, LaSalle, CO 80645. F. The Printz Pond is on land owned by: Carl & Tabia Stromberger Estate, c/o Kathryn Printz; 22357 WCR 37, LaSalle, CO 80645. 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 2007 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $70.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.