DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2003 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of December, 2003 for each County affected. 03CW394 D&G GOLF LLC, dba Heather Ridge Country Club, 13521 E. Iliff Ave, Aurora CO 80014; Richard Jorgensen, owner, 524 Columbine St., Denver CO 80206. Application for Change of Water Right, IN ARAPAHOE COUNTY. Permit #015104F (previously decreed in Water Div. 1 Case No. W-1433) located in the SE1/4 NE1/4 S25 T4S R67W of the 6th P.M., 1840’ south and 100’ west of the NE corner of said Section 25. Source: Groundwater Appropriation Date: 12/1/1970 Amount: 250 gpm/230AF Historic use: Irrigation of approx. 45 acres of a golf course which is described as being portions of the NE1/4NE1/4, NW1/4, NE1/4, SW1/4NE1/4 and SE1/4NE1/4, all in S25, T4S, R67W, 6th PM. Change/correct legal description to: SE1/4 NE1/4, S25, T4S, R67W, 6th PM, 1725’ from the N and 360’ from the E section line. (2 pgs, 5 attachments) 03CW395 Gary Nichols, 1705 Beaver Creek Rd, Fairplay, CO 80440. Application for Underground Water Right, IN PARK COUNTY. Permit #195176, located in the NE1/4 SE1/4, S20, T9S, R77W of the 6th PM, 1740’ from S section line and 1200’ from E section line. Source: Underground Depth: 100’ Appropriation: 8/23/1996 Amount claimed: 15 gpm Use: Domestic use and watering of one acre.(3 pages) 03CW396 John C. and Ann A. Pritzlaff, 412 W. Oak Hills Dr, Castle Rock, CO 80104. Application for Underground Water Right, IN DOUGLAS COUNTY. Permit #105041, located in the SE1/4 NW1/4, S34, T6S, R67W of the 6th P.M., 1660’ from N section line and 2550’ from W section line. Source: Underground Depth: 643’ Appropriation: 1/10/1978 Amount claimed: 15 gpm Use: Household for 1 single family dwelling. (3 pages + 4 attachments) 03CW397 THE PEOPLE OF THE STATE OF COLO., ex rel. HAROLD SIMPSON, State Engineer, and JAMES HALL, Division Engineer for Water Div. No. 1 v. JOHN PALOMBO, MARK VILLANO, individuals; and STAR PROMOTIONS, LLC. Complaint for Injuctive Relief, Costs and Penalty. 03CW398 THE PEOPLE OF THE STATE OF COLO., ex rel. HAROLD SIMPSON, State Engineer, and JAMES HALL, Division Engineer for Water Div. No. 1 v. NICHOL COCKROFT. Complaint for Injuctive Relief, Costs and Penalty. 03CW399 FORT MORGAN RESERVOIR & IRRIGATION COMPANY, ARNOLD GOOD, KATHRYN GOOD, ROBERT H. GOOD AND MARY E. GOOD Application for Approval of Plan for Augmentation, including Application for Conditional Surface Water Right and Application for Conditional Right of Exchange, IN WELD AND MORGAN COUNTIES. Fort Morgan Reservoir & Irrigation Company, 218 East Kiowa, Suite A, Fort Morgan, Colorado 80701; Arnold Good and Kathryn Good, 22760 Road R, Fort Morgan, Colorado 80701; and Robert H. Good and Mary E. Good, 22564 Road R, Fort Morgan, Colorado 80701 (Lee E. Miller, Scott A. Clark, Esq., Burns, Figa & Will, P.C., Attorneys for Applicant, 6400 S. Fiddlers Green Circle, Englewood, CO 80111, (303) 796-2626). 2: Fort Morgan Company Augmentation Conditional Water Right a. Name of Structure: Fort Morgan Canal. b. Legal Description of Each Point of Diversion: The Fort Morgan Canal headgate is located on the South Bank of the South Platte River at a point 23 chains north and 5 chains west of the Southeast Corner of Section 31, Township 5 North, Range 59 West of the 6th P.M., Morgan County, Colorado. c. Source: South Platte River. d. Date of initiation of appropriation: December 12, 2003. e. How appropriation was initiated: By initiating construction of the recharge ponds, by entering a contract between the Fort Morgan Company and the Goods for development of the recharge facilities described herein, and by filing application for determination of water right. f. Date water applied to beneficial use: Not applicable. g. Amount claimed: 40 c.f.s., Conditional. h. Use or Proposed Use: The water claimed herein will be used for domestic, industrial, commercial, irrigation, stockwatering,

recreation, fish and wildlife purposes and fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water will be fully consumed during the first use of the water, or recaptured and reused until the water is fully consumed. The water will be used to augment the depletions to the South Platte River from the pumping of the Good Wells described herein. Pursuant to a Decree entered by the Water Court in and for Water Division No.1 in Case No. W-2692 on Apri1 22, 1985, a plan for augmentation was approved (hereinafter referred to as "the Case No. W-2692 Decree"). The water will be used to augment the wells described on Exhibit A to the Case No. W-2692 Decree. Additional structures to be augmented with the water are described (1) in the Findings of Fact, Conclusions of Law, Judgment and Decree entered by the Water Court in and for Water Division No.1 in Case No. 91CW035 on August 25, 1993, (2) in the Findings of Fact, Conclusions of Law, Judgment and Decree entered by the Water Court in and for Water Division No.1 in Case No. W-9383-78 on August 25, 1993, (3) in the Findings of Fact, Conclusions of Law, Judgment and Decree entered by the Water Court in and for Water Division No.1 in Case No. 94CW186 on July 29, 1996, (4) Findings of Fact, Conclusions of Law, Ruling of the Referee and Decree of the Court entered by the Water Court in and for Water Division No.1 in Case No. 96CW017 on November 9, 1999, and (5) in the Findings of Fact, Conclusions of Law, Ruling of the Referee and Decree of the Court entered by the Water Court in and for Water Division No. 1 in Case No. 92CW081 on March 16, 2001. To the extent the water is not required for augmentation of the structures described above, the water will be sold or leased to other parties. i. Name and Address of Owner of Land on Which Point of Diversion is Located: The headgate of the Fort Morgan Canal is located on land owned by the Fort Morgan Company. 3: Plan For Augmentation a. Description of Plan for Augmentation: Withdrawal of water from the Good Wells, described herein, will deplete the alluvium of the South Platte River and, from time to time, the depletions may be out-of-priority. The Fort Morgan Company and Arnold and Kathryn Good and Robert and Mary Good (collectively the “Goods”) have entered into an agreement to develop groundwater recharge facilities which will be filled with water diverted pursuant to the Fort Morgan Company Augmentation Water Right described above and the Jackson Lake Reservoir water described below. The water delivered to the groundwater recharge facilities will percolate into the alluvium of the South Platte River and replace the depletions caused by the Good Wells and the other structures described in this application. b. Structures to be Augmented: Robert and Mary Good are the owners of the following underground water rights: 1. Name of Structure: Good Well No. 1-10467-F-R. Well Permit No.: Well Permit No. 10467-F was originally issued for the structure on December 13, 1965. Replacement Well Permit No. 10467-F-R was issued on January 20, 1976. Previous Decree: Pursuant to Findings and Ruling of the Referee and Decree of the Water Court in Case No. W-2422, on October 21, 1975, the Water Court in and for Water Division No.1 confirmed a water right associated with Good Well No. 1-10467-F. Legal Description of Well: The decreed location of Good Well No. 1-10467-F is in the NW ¼ of the SW ¼, Section 23, Township 4 North, Range 59 West of the 6th P.M., Morgan County, Colorado, at a point 1320 feet North and 1320 feet East of the SW corner of said Section 23. Source: Groundwater tributary to the South Platte River. Date of appropriation: January 30, 1966. Amount: 2.22 cfs. Use: Irrigation of 160 acres located in the SW ¼ of Section 23, Township 4 North, Range 59 West of the 6th P.M., Morgan County, Colorado. 2. Name of Structure: Good Well No. 2-6764-F-R. Well Permit No.: Well Permit No. 6764- F was originally issued for the structure on January 29, 1965. Replacement Well Permit No. 6764-F-R was issued July 21, 1992. Previous Decree: Pursuant to Findings and Ruling of the Referee and Decree of the Water Court in Case No. W-2422, on October 21, 1975, the Water Court in and for Water Division No.1 confirmed a water right associated with Good Well No. 2-6764-F. Legal Description of Well: The decreed location of Good Well No. 2-6764-F is in the SE ¼ of the SE ¼, Section 23, Township 4 North, Range 59 West of the 6th P.M., Morgan County, Colorado, at a point 1320 feet North and 1320 feet West of the SE corner of said Section 23. Source: Groundwater tributary to the South Platte River. Date of appropriation: February 2, 1965 Amount: 2.22 cfs Use: Irrigation of 160 acres located in the SE ¼ of Section 23, Township 4 North, Range 59 West, of the 6th P.M., Morgan County, Colorado. 3. Name of Structure: Good Well No. 3-10468-F-R. Well Permit No.: Well Permit No. 10468-F was originally issued for the structure on December 13, 1965. Replacement Well Permit No. 6764-F-R was issued on October 18, 1990. Previous Decree: Pursuant to Findings and Ruling of the Referee and Decree of the Water Court in Case No. W-2422, on October 21, 1975, the Water Court in and for Water Division No.1 confirmed a water right associated with Good Well No. 3-10468-F. Legal Description of Well: The decreed location of the well is in the NW ¼ of the SE ¼, Section 22, Township 4 North, Range 59 West of the 6th P.M., Morgan County, Colorado, at a point 1320 feet North and 1320 feet West of the SE corner of said Section 22. Source: Groundwater tributary to the South Platte River. Date of appropriation: April 12, 1966. Amount claimed: 2.00 cfs. Use: Irrigation of 160 acres located generally in the SE ¼ of Section 22, Township 4 North, Range 59 West of the 6th P.M., Morgan County, Colorado. Good Well No. 1-10467-F-R, Good Well No. 2-6764-F-R and Good Well No. 3-10468-F-R are collectively referred

to herein as the “Good Wells”. c. Name and Address of Owners of Land on which Wells are Located: Robert and Mary Good, 22564 Road R, Fort Morgan, Colorado 80701. d. Water Rights to be Used for Augmentation: The water rights to be used for augmentation are the following: 1. The Fort Morgan Company Augmentation Water Right described above. 2. Pursuant to the W-2692 Decree, the following water rights were changed for use for augmentation purposes: Decreed name of structure: Jackson Lake Reservoir. Previous Decrees: Decree entered in Case No. 2142 by the Weld County District Courton January 15, 1914. Decree entered in Case No. 2142 by the Weld County District Court on May 11, 1915. Decree entered in Civil Action No. 16704 by the Weld County District Court on June 8, 1965. Decree entered in Case No. W-2692 by the Water Court in and for Water Division No.1 on April 22, 1985. The Case No. W-2692 Decree and the change of the water right for augmentation purposes and other purposes was also the subject of Findings of Fact, Conclusions of Law, Judgment and Decree entered by the Water Court in and for Water Division No.1 in Case No. 92CW089 on August 25, 1993. Decreed Point of diversion: The headgate of the Jackson Lake Inlet Canal is located at a point on the north bank of the South Platte River 900 feet south and 200 feet west of the center of the Southeast Quarter (SE1/4) of Section 18, Township 4 North, Range 61 West of the 6th P.M. Jackson Lake Reservoir is located in Sections 10, 13, 14, 15, 16, 21, 22, 23, 24, 26 and 27, Township 5 North, Range 60 West of the 6th P.M., Morgan County, Colorado. Source of water: South Platte River. Date of appropriation and amount:

Reservoir Priority Amount Date of Date of No. (acre-feet) Appropriation Adjudication 20 30,992.00 05/18/1901 01/15/1914 20 4,637.00 05/18/1901 05/11/1915 20R 8,269.92 12/31/1929 06/08/1965

The Fort Morgan Company owns 1,054 shares of the 1,550 outstanding shares of Jackson Lake Reservoir and Irrigation Company. The Fort Morgan Company requests the right to utilize any after acquired or leased shares of Jackson Lake Reservoir and Irrigation Company on the same terms and conditions requested in this case, pursuant to subsequent change of water right applications filed with the Water Court. Pursuant to the Case No. W-2692 Decree, in order to prevent material injury to other vested water rights, if water is stored in Jackson Lake Reservoir pursuant to the water rights designated as Priority No. 20, and is delivered to the South Platte River and not diverted at the headgate of the Fort Morgan Canal, the Fort Morgan Company shall be entitled to fully consume forty-two percent (42%) of the amount of water so released and measured at the outlet of Jackson Lake Reservoir. If the water stored in Jackson Lake Reservoir pursuant to the water rights designated as Priority No. 20 is diverted at the headgate of the Fort Morgan Canal for recharge, augmentation, municipal, industrial or other non-irrigation purposes, the Fort Morgan Company shall be entitled to fully consume sixty-five percent (65%) of the amount of such water which is delivered to the recharge sites or sixty-five percent (65%) of the amount of such water which is diverted at the headgate of the Fort Morgan Canal if the water is not used for recharge purposes. If the water was stored in Jackson Lake Reservoir between May 1 and October 15 of any year under any priority and if the calling water right on the South Platte River was not senior to a water right with an appropriation date of May 19, 1972, and with an application filing date during the year 1972, the Fort Morgan Company shall be entitled to fully consume the amount of Jackson Lake Reservoir water released out of Jackson Lake Reservoir, less reasonable carriage losses as may be imposed by the Division of Water Resources. Pursuant to the Case No. W-2692 Decree, water is delivered to the South Platte River to replace depletions caused by pumping of wells withdrawing water tributary to the South Platte River. In the event that there is replacement water available from the operation of the Case No. W-2692 Decree, the water maybe delivered to the South Platte River to replace the depletions associated with the operation of the Good Wells. e. Statement of Plan for Augmentation: 1. This application seeks to deliver water diverted pursuant to the Fort Morgan Company Canal Water Right and water delivered from Jackson Lake Reservoir to the alluvium of the South Platte River by (i) percolation of water out of the Fort Morgan Canal, and (ii) percolation of water out of ditches carrying water from the Fort Morgan Canal to ponds to be constructed on approximately 179.2 acres lying North of the center line of the Baker-Ott Lateral in the North half of the Northeast Quarter (N ½ NE ¼) and the North half of the South half of the Northeast Quarter (N ½ S ½ NE ¼) of Section 11, Township 3 North, Range 57 West of the 6th P.M., and in the Northwest Quarter (NW ¼) of Section 11, Township 3 North, Range 57 West, of the 6th P.M., Morgan County, Colorado (the “Good Property”). The ditches carrying water from the Fort Morgan Canal to the ponds described above, together with the ponds themselves, are collectively referred to as the “Good Recharge Pond.” The Fort Morgan Canal has a point of diversion on the South Bank of the South Platte River at a

point 23 chains north and 5 chains west of the Southeast Corner of Section 31, Township 5 North, Range 59 West of the 6th P.M., Morgan County, Colorado, traverses a portion of the Southeast Quarter (SE ¼) of Section 31 and the Southwest Quarter (SW ¼) of Section 32, Township 5 North, Range 59 West of the 6th P.M., and a portion of Sections 4, 5, 9, 10, 11, 12, 13 and 14 of Township 4 North, Range 59 West of the 6th P.M., and a portion of Sections 18, 19, 20, 28, 29, 32, 33, 34, 35 and 36, Township 4 North, Range 58 West of the 6th P.M. Neither the Fort Morgan Canal nor the Good Recharge Pond shall be lined and both facilities shall allow for water to percolate out of the bottom and sides of said recharge facilities. The Fort Morgan Company and the Goods have entered into an agreement for the use of the Good Property for development of the Good Recharge Pond. 2. The water delivered to the Good Recharge Pond will be accounted for on the same terms and conditions as specified in the Case No. W-2692 Decree. However, the Fort Morgan Company reserves the right to propose alternative methodologies in this proceeding. The effects on the South Platte River resulting from recharge pursuant to this plan, will be calculated by means of the Stream Depletion Factor (SDF) concept developed by the U.S. Geological Survey (Jenkins) and by means of a digital computer program based upon the SDF method. The SDF values for the recharge sites which are a part of this plan were determined from the U.S. Geological Survey Publication entitled Hydrogeologic Characteristics of the Valley Fill Aquifer in the Brush Reach of the South Platte River Valley, Colorado. The SDF values for each of the recharge sites are as follows:

SDF (days) Percent & Total

Upper Canal Reach Reach 1 120 39% Reach 2 375 21% Reach 3 120 18% Reach 4 310 22% Western Sugar to Southside Lateral

467

100%

Southside Lateral to Baker-Ott Lateral

1573

100%

Baker-Ott Lateral 1125 100% Good Recharge Ponds Site No. 1 445 100% Site No. 2 445 100% Site No. 3 312 100% Site No. 4 291 100%

The SDF values for the Upper Canal Reach were determined in Case No. 94CW185. The Fort Morgan Company reserves the right to propose different stream depletion factors during the proceedings in this case. 3. The amount of water recharged to the alluvial aquifer at each of the recharge sites will be determined by measuring the amount of water released to the recharge site or facility and subtracting the amount of water that was lost due to evaporation from that site or facility. The recharge sites used in this plan shall have the necessary measuring devices to make such measurements on a daily basis and shall be reported to the Division Engineer. Evaporation losses from the recharge facility will be calculated on the basis of the average water surface area for each month, the length of the time of such evaporation, and evaporation data obtained from the Akron Weather Station or from any other station approved by the Division Engineer. The average water surface area will be calculated in a manner acceptable to the Division Engineer. 4. With respect to the use of the Good Wells for irrigation purposes, the Applicants propose to calculate the depletions to the South Platte River stream system by use of the same methodology as was decreed in the Case No. W-2692 Decree. Fort Morgan Company reserves the right to propose alternative methodologies in this proceeding. The owner of the Good Wells will be required to report on or before May 1 of each year the type of crops and number of acres of each crop to be planted and the number of acres of each such crop to be irrigated by sprinklers in the upcoming season on the lands to be irrigated by the subject well or wells. In the event the amount of water pumped from each well is measured and recorded, then the net ground water consumption shall be calculated as sixty-five percent (65%) of the measured ground water pumping. All such

pumping measurements shall be recorded on a monthly basis. All meters shall be totalizing flow meters and shall be properly maintained so as to assure reasonable accuracy. In the event the pump measurements as set forth in the preceding paragraph are not utilized, the net ground water consumption shall be calculated as follows. The total crop irrigation requirements of the lands included in this augmentation plan will be calculated on a monthly basis by means of the modified Blaney-Criddle method described in the Soil Conservation Service Technical Release No. 21 using the crop irrigation data obtained from the farmers pursuant to the preceding paragraph in conjunction with weather data obtained from the Fort Morgan Weather Station or another weather station in the vicinity of the Fort Morgan Canal. Such weather data may be supplemented by precipitation data from stations, approved by the Division Engineer, located in the vicinity of the Fort Morgan Canal. The portion of the total crop irrigation requirement that is supplied by surface water diversions (hereinafter "effective surface water delivery"), will be calculated by measuring the amount of water delivered to each "turnout" off the main canal. For those turnouts which are farm headgates, the effective surface water delivery will be calculated as sixty-five percent (65%) of the amount measured at the turnout. For those turnouts which are laterals, the effective surface water delivery will be calculated as sixty percent (60%) of the amount measured at the lateral headgate. Water delivered through laterals will be assumed to be apportioned in proportion to the number of shares owned and leased in connection with each well. For those farms using a sprinkler irrigation system, crop water requirements will be enlarged by five percent (5%) to account for spray evaporation losses. Ground water consumption calculations will be maintained for each well on a monthly basis. The amount of effective surface water delivery to the lands irrigable by each well during the month will then be subtracted from the total crop irrigation requirement for the land during the same month to determine the consumptive use of ground water attributable to that well for that month. On or before May 1 of each year, a computer analysis will be made to project the net effect on the South Platte River in the upcoming year resulting from the prior and projected pumping and from prior recharge operations. This analysis will contain projections for the upcoming months based upon crop reports submitted by the Good Wells owners and the calculations described above. Each month the analysis and projection will be updated and reported to the Division Engineer using the actual consumptive use and recharge data. The effects on the South Platte River resulting from the consumptive use of water caused by pumping from wells or from recharge, pursuant to this plan, will be calculated by means of the Stream Depletion Factor (SDF) concept developed by the U. S. Geological Survey (Jenkins) and by means of a digital computer program based upon the SDF method. The SDF values for each of the Good Wells were determined as described above and are as follows:

SDF (days) Good Well No. 10467-F 2300 Good Well No. 2-6764-F 2325 Good Well No. 3-10468-F 2400

In the event that the projected or actual depletions to the South Platte River associated with the withdrawal of water from the Good Wells exceed the projected or actual replacement water available from the deliveries of water to the Good Recharge Pond, the owner of the Good Wells shall provide additional replacement water, which may include, but not be limited to, recharge water associated with the Case No. W-2692 Decree, as amended by the Decree entered in Case No. 94CW185 described above, and direct releases to the South Platte River of Jackson Lake Reservoir water owned by or attributable to the Goods. At no time shall the out-of-priority depletions to the South Platte River exceed the amount of replacement water provided to the South Platte River pursuant to this plan for augmentation. The portion of the replacement water owned by and attributable to the Fort Morgan Company pursuant to this plan for augmentation will be used for the purposes described with respect to the Fort Morgan Company Augmentation Water Right, and may also be traded to or sold to the owner of the Good Wells. The replacement water attributable to the Fort Morgan Company will be used pursuant to the Case No. W-2692 Decree, any subsequent amendments of the plan for augmentation, or additions to the plan for augmentation, or new plans for augmentation, and all replacement water not otherwise used will be exchanged to the headgate of the Fort Morgan Canal. f. Names and addresses of owners of land on which structures are located: Fort Morgan Reservoir and Irrigation Company, 218 East Kiowa, Suite A, Fort Morgan, Colorado 80701; Arnold and Kathryn Good, 22760 Road R, Fort Morgan, Colorado 80701; Robert and Mary Good, 22564 Road R, Fort Morgan, Colorado 80701. 4. Appropriative Rights Of Substitution And Exchange a. Fort Morgan Company Substitution and Exchange: The Fort Morgan Company claims the following rights of substitution and exchange pursuant to Sections 37-80-120, 37-82-106, 37-83-104, and 37-92-101, et seq., C.R.S.: Operation of the Substitution and Exchange: At such times when water is delivered to the South Platte River (1) in excess of the replacement requirements pursuant to the plan for

augmentation requested in this case, or (2) in excess of the replacement requirements pursuant to the plans for augmentation decreed in Case No. W-2692 on April 22, 1985; Case No. 91CW035 on August 25, 1993; Case No. W-9383-78 on August 25,1993; Case No. 94CW186 on July 29,1996; Case No. 96CWO17 on November 9, 1999, and the decree entered in Case No. 92CW081 on March 16, 2001, the water will be substituted and exchanged for water diverted at the headgate of the Fort Morgan Canal. The water diverted at the headgate of the Fort Morgan Canal will be (1) directly delivered to water users under the Fort Morgan Canal for irrigation, commercial, municipal and other beneficial uses, and (2) delivered to the groundwater recharge sites described in this application, the decree entered in Case No. W-2692 on April 22, 1985, the decree entered in Case No. 94CW185 on March 7, 2000, and the decree entered in Case No. 92CW081 on March 16, 2001, and accounted for pursuant to the terms of the respective decrees. The water diverted at the headgate of the Fort Morgan Canal pursuant to the substitution and exchange is fully consumable and the Fort Morgan Company claims the right to use, reuse or successively use the water to extinction. The substitution and exchange will only operate at such times when no water rights located between the point of delivery to the South Platte River and the point of diversion will be materially injured by the substitution and exchange. Legal Description of Each Point of Diversion: The Fort Morgan Canal headgate described above. Legal Description of the Reach of the South Platte River Within the Substitution and Exchange: The water delivered to the South Platte River will be delivered within a reach of the South Platte River, consisting of an upstream point of the Fort Morgan Canal headgate and downstream point of the confluence of the South Platte River and Beaver Creek in Section 4, Township 4 North, Range 55 West of the 6th P.M. Date of initiation of appropriation: December 12, 2003. How appropriation was initiated: By initiating construction of the recharge ponds, by entering a contract between the Fort Morgan Company and the Goods for development of the recharge facilities described herein, and by filing application for determination of water right. Date water applied to beneficial use: Not Applicable. Amount claimed: 80 c.f.s., Conditional. Use or Proposed Use: The water diverted pursuant to the substitution and exchange will be used for the same uses as are specified for the Fort Morgan Company Augmentation Water Right. Name and Address of Owner of Land on Which Point of Diversion is Located: The headgate of the Fort Morgan Canal is located on land owned by the Fort Morgan Company. 03CW400 Edward E. and Betty L. Meyer, 29975 WCR 59, Greeley, CO 80631. Application for Approval of Plan for Augmentation, IN WELD COUNTY. Structures: Meyer Well #3-6823 and Meyer Well #4, originally decreed in W-822 and well #4 changed in Case No. 01CW169, all in Water Division No. 1 Legal Description: The E1/2 of NE1/4 and E1/2 of SE1/4 of S2, T5N, R64W, 6th P.M. History: Abstract dated late 1890’s. In 1899 the owner of this property conveyed a road right-of-way to the county for Road 601/2.In 1903, the owner mortgaged this property. In the listing of assets it reads, together with water right for same, derived from private pumping plant on said land. My conclusion from this is that this land has a history of pumping water dating back to the late 1800’s. In 1957, Edward E. and Betty L. Meyer purchased this property and have been making improvements each year.Water on this land: A. Average annual precipitation, 16 inches on 160 acres equals 213 acre feet. B. Four shares Cache La Poudre Irrigating Company. C. Eighty acre feet of Big Thompson water. D. Thirty four acre feet of North Weld County domestic water. F. Two irrigation wells #3-6823 and #4 which replaces#1-6821 and #2-6822 in 2003. We have installed new flow meters on these two wells. We use these two irrigation wells to irrigate 66 acres of cropland and sprinkle our feedlots, with the runoff to our ponds. With the runoff and other water to our ponds, we irrigate an additional 35 acres. F. Since 1971, we have paid annual assessments on three wells augmented on 100 acre feet per well. We have never used the 300 acre feet we have been assessed for. In the year 2000, we did not use any irrigation water because we grew no crop. It is obvious to us that we have been supplying excess water to the river all these years. C. We have an agreement with the owner’s of the 240 acres of land that lies west of our property to receive run-off from their land to our ponds. All of this water is used on our land with recirculating pumps. H. We are in an augmentation plan through Cache La Poudre Irrigating Company. Also, a plan to transfer GASP assets. Engineering plan is on going. I. Description of point of diversion: The head-gate of the Greeley No. 2 Canal is located at the SW1/4 SE1/4 NE1/4 of S11, T6N, R68W, 6th P.M.,

Larimer County, Colorado at a point which lies N 87°30’ W 1040 feet from the ¼ section corner common to Sections 11 and 12 in said T6N, R 68W. At the annual meeting of stockholders in 2003, the Cache La Poudre Irrigating Company stock holders voted to purchase land located in Section 4,5,8,9, Township 6 North, Range 63 West, of the 6th P.M. and a decree filed in 2001 for construction of several lakes and ponds for augmentation of the aquifer with excess water. 4. For as long as we have been measuring our wells, the water level has always been higher in the fall than in the spring. The exception to this was in the year 2000. We didn’t grow a crop that year, so we didn’t irrigate. However, we paid our assessment to augment the river. In 2002 our fall measurement was only 2 inches higher. In the fall of 2003 it was 3 feet and 1 inch higher than in the spring 2003. The only year that it was more than 3 feet and 1 inch increase was in 1999. That year we had 9 inches of rain very slowly for ten days, around the end of May. It is very obvious that we have been augmenting the aquifer for years, but have not received credit. 5. Basically, we store and re-circulate about all waters that come onto our property. Statement of plan for augmentation: This is as a supplement to Cache La Poudre Irrigating Co; We feel we have a unique situation that we think the court should be aware of. (6 pgs) 03CW401 Frank J. Fehringer and C. Faye Fehringer, HC 75, POB 68, Peetz, CO 80747. (Charles H. Sandhouse, Esq., POB 1631, Sterling, CO 80751). Application for Underground Water Right, IN LOGAN COUNTY. Permit #034161-F, located in the SE1/4 SE1/4, S19, T12N, R51W of the 6th P.M., 413’ from S section line and 1300’ from E section line. Source: Underground Depth: 130’ Appropriation: 4/19/1990 Amount claimed: 1000 gpm Use: Commercial. (3 pages + 5 attachments) 03CW402 JAMES SWINEHART, % SWINEHART FAMILY TRUST, 950 E. Harvard Ave., #630, Denver, CO 80210 Application for Underground Water Right, IN ARAPAHOE COUNTY. Permit #C43435-F, located in the SE1/4 NE1/4, S2, T5S, R68W of the 6th P.M., 2500’ from N section line and 1800’ from E section line. Source: Underground Depth: 700-790’ Appropriation: 6/23/1956 Amount claimed: 30 gpm Use: Irrigation of 3.3 acres of lawns, trees, shrubs and landscaping. (3 pages + 10 attachments) 03CW403 C&C LLC, % A. Foy Chapin, 8244 Hwy 144, Weldona, CO 80653. Application for Surface Water Rights, IN MORGAN COUNTY. Pumping Station on J.F. Shoemaker seepage ditch, located in the NE1/4 NW1/4, S32, T5N, R59W of the 6th P.M. Source: Shoemaker seepage ditch on South Platte River Amount claimed: 5 cfs Use: To put in recharge pond to cover well depletions – recharge water. Water will be pumped to C&C LLC recharge site to cover depletion created by irrigation wells to the aquifer. The pumping station will be used when Weldon Valley Ditch is unable to run water due to weather conditions, etc. (2 pages) 03CW404 UNION DITCH COMPANY, P. O. Box 445, Greeley, Colorado 80632, (970) 353-1292. (James A. Gustafson, 1010 Ninth Avenue, P. O. Box 1417, Greeley, Colorado 80632, (970) 356-8200). Application For Change of Water Rights, Application For New Water Right and Approval of Plan For Augmentation, IN WELD COUNTY. 1. Name, mailing address, telephone number of applicant: Union Ditch Company, P. O. Box 445, Greeley, Colorado 80632, (970) 353-1292. All future correspondence and pleadings to: James A. Gustafson, Esq., P. O. Box 1417, Greeley, Colorado 80632. 2. Purposes of Application: The applicant, Union Ditch Company, is a non-profit irrigation company organized pursuant to §7-42-101, et seq., Colorado Revised Statutes. The purpose of this Application is: (a) To obtain a new water right for augmentation, replacement, exchange and/or recharge purposes; (b) To change the use of certain water rights that applicant owns or has the right to use that are currently decreed for irrigation to allow said water to also be used for augmentation, replacement exchange, recharge and substitute water supply purposes, either directly or following storage; (c) To provide the ability to use recharge locations where water rights and the changed water rights can be delivered and used for recharge purposes; (d) To adjudicate a plan for augmentation that uses the net consumptive use of water associated with the water rights to be changed herein, as well as other water rights to which applicant is entitled, either on a direct flow or release from storage basis, to replace out-of-priority depletions associated with well pumping from wells described hereinafter and/or to replace historical return flows from the changed water rights or additional water rights, to the extent necessary to prevent legal injury to other water rights; (e) To provide for the inclusion of additional replacement water, including that provided by retiming wells, augmentation wells, by-passed senior water rights, leased water rights, excess

augmentation credits obtained by augmentation plans of The Lower Latham Reservoir Company, The New Cache La Poudre Irrigating Company and The Ogilvy Ditch Company, or any other entity with water sources available, and use of other structures or water rights which applicant obtains the right to use in the future and which are legally available for augmentation use, into the plan for augmentation applied for herein; (f) To change the use of Union Ditch Company water rights of well users under this plan of augmentation and the points of diversion of water rights to allow for storage or for delivery to recharge sites for augmentation when said water is available for said use; (g) To provide for the temporary dry-up of irrigated ground of well users under the plan of augmentation if insufficient replacement water is available. CLAIM NO. 1, CHANGE OF WATER RIGHTS (Union Reservoir Water): 1. Name of Water Rights For Which Change is Sought: (a) Union Reservoir. The applicant seeks to change 5.75 shares in the storage rights decreed to Union Reservoir, a storage reservoir sometimes known as Calkins Lake. Union Reservoir is owned by the Union Reservoir Company, a non-profit mutual reservoir company, incorporated in Colorado. Union Reservoir is located in portions of Sections Thirty (30), Thirty-One (31), and Thirty-Two (32), Township Three (3) North, Range Sixty-Eight (68) West of the 6th P.M., and Sections Five (5) and Six (6), Township Two (2) North, Range Sixty-Eight (68) West of the 6th P.M., Weld County, Colorado. The feeders of Union Reservoir are the Oligarchy Ditch, which diverts water from St. Vrain Creek, and a ditch from Spring Gulch, which collects drainage water and discharges into St. Vrain Creek. The Oligarchy Ditch headgate is located on St. Vrain Creek in the Northeast Quarter (NE 1/4) of Section Twenty-Seven (27), Township Three (3) North, Range Seventy (70) West of the 6th P.M., Boulder County, Colorado, at a point whence the East Quarter Corner (E 1/4 Cor) of said Section Twenty-Seven (27) bears South 27º26' East a distance of 560 feet, more or less; the East line of the Northeast Quarter (NE 1/4) of said Section Twenty-Seven (27) as bearing North 00º32' 42" West with all bearings relative thereto. The head of the ditch from Spring Gulch is located in Weld County, Colorado, at a point whence the Southwest Corner (SW Cor) of Section Thirty-One (31), Township Three (3) North, Range Sixty-Eight (68) West of the 6th P.M. bears South 12º West a distance of 800 feet. The outlet of Union Reservoir is on Spring Gulch near its confluence with St. Vrain Creek. (See attached Map A.) (b) Existing Decrees. Union Reservoir has the following absolute storage right decreed to it: Case No. CA 4790, Adjudication date: 3/13/1907, Appropriation date: 10/6/1902, Amount: 13,219 acre feet; Case No. W-7486, Adjudication date: 3/11/1977, Appropriation date: 5/1/1973, Amount: 5,879 acre feet. The above water rights are currently adjudicated for agricultural purposes (irrigation). The water rights decreed in Case No. CA 4790 are sometimes referred to herein as the Senior Union Decree. The water right decreed in Case No. W-7486 is sometimes referred to herein as the Refill Decree. The Senior Union Decree and the Refill Decrees are sometimes collectively referred to as the Reservoir Rights. (c) Shares to be Changed. As of December 19, 2003, Union Ditch Company owns 5.75 shares out of the total 250 issued and outstanding shares of capital stock of the company. Union Ditch Company seeks to change the use of these shares as stated herein. (d) Water from the 5.75 shares of Union Reservoir has historically been used as supplemental irrigation water to irrigate lands below the Union Ditch. Because these rights have been historically used for supplemental irrigation water, historical use did not fall into any uniform pattern and varied from year to year depending on cropping patterns, weather conditions, and availability of other sources of water. Applicant will quantify a representative pattern of historical use and will maintain return flow replacement obligations, as necessary, to prevent injury to other water rights by releasing water to the South Platte River from any or all of the augmentation sources identified herein. (e) The above water rights were originally adjudicated for agricultural purposes, but all 250 shares in the Union Reservoir Company, including the 5.75 shares owned by applicant, were changed to augmentation, replacement, exchange, municipal and other uses by the City of Longmont in Case No. 87 CW 222. It was decreed in Case No. 87 CW 222 that average annual releases from the Union Reservoir to the St. Vrain Creek over a representative study period (1929 through 1972) were 3,827 acre feet (15.3 acre feet per share) and that the historical use of the shares resulted in an average consumptive use of 50% of the reservoir releases and the remaining 50% of the releases are attributable to return flows and ditch losses. 2. Proposed Change. Applicant seeks to change the use of the 5.75 shares to include augmentation, replacement, exchange for use by applicant as provided herein, as well as the decreed changes in Case No. 87 CW 222, with the right to the totally consumable portion of the water, either by first use, successive use, or disposition. Since the historical use of the shares and the terms and conditions for the use of the shares for augmentation, replacement and exchange have already been decreed in Case No. 87 CW 222, applicant is merely seeking Court confirmation of its right to make such uses itself. 3. Proposed Plan of Operation. This combined Application For Change of Water Right, For a Junior Water Right and Approval of a Plan For Augmentation will obtain the necessary Water Court approval for an integrated water supply plan which will provide a source of augmentation water for the wells listed herein. 4. The Name and Address of Owner of Structures. The Union Reservoir is owned by Union Reservoir Company, c/o Donna Coble, Secretary, 1025 Ninth Avenue, #309, Greeley, Colorado 80631. CLAIM NO. 2, APPLICATION FOR DIRECT FLOW AND STORAGE WATER RIGHTS. 1. Name of Structure: Union Ditch. 2. Legal Description of Structure: The

headgate of the Union Ditch is located in the Northeast Corner (NE Cor) of Section Eighteen (18), Township Four (4) North, Range Sixty-Six (66) West of the 6th P.M., Weld County, Colorado. 3. Source: Unappropriated water which is tributary to the Union Ditch and the South Platte River. 4. Date of Appropriation: December 19, 2003, by the filing of this water application. 5. How Appropriation Will Be Initiated:Union Ditch will divert unappropriated water through Union Ditch and deliver it into the recharge pond(s) listed herein when it is available. 6. Amount Claimed: 183 c.f.s. with the right to store and recharge up to10,000 acre feet per year. 7. Type of Use: Augmentation, replacement, exchange, irrigation, domestic, municipal, commercial, industrial, fire protection, watering of livestock, recreational, piscatorial, wildlife propagation, and other uses approved by the Court. (a) Place of Use: Weld County. Properties of the well users listed herein under the Union Ditch and Western Mutual Ditch consisting of 2,585 acres. 8. Name and Address of Owner of Land on Which Water May be Stored and Used For Recharge and Augmentation (See attached Map B):

Nancy Mercure SE 1/4, NW 1/4 and SW 1/4, NE 1/4, Sec. 5, Twp. 4 351 17th Street N., Rng. 65 W. of the 6th P.M. Boulder, CO 80645 Raymond Sauer W 1/4, SW 1/4, Sec. 33, Twp. 5 N., Rng. 65 W. of 1042 22nd Avenue the 6th P.M. Greeley, CO 80631 Harry Strohauer SW 1/4, NE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W. of 19595 WCR 50 the 6th P.M. LaSalle, CO 80645 Gary Alles SE 1/4, NE 1/4 and NE 1/4, NE 1/4 of Sec. 23, Twp. 26285 WCR 47 5 N., Rng. 65 W. of the 6th P.M. Greeley, CO 80631 Randy Alles SW 1/4, NE 1/4, Sec. 26, Twp. 5 N., Rng. 65 W. of 22360 WCR 54 the 6th P.M. LaSalle, CO 80645 John L. Alles NE 1/4, NW 1/4, Sec. 33, Twp. 5 N., Rng. 65 W. of 24708 WCR 41 the 6th P.M. LaSalle, CO 80645 William J. Franklin SW 1/4, SW 1/4, Sec. 27, Twp. 5 N., Rng. 65 W. of 25233 WCR 43 the 6th P.M. Greeley, CO 80631 Lyle and Sandra Dickens SE 1/4, NE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W. of the 19587 WCR 50 ½ 6th P.M. LaSalle, CO 80645

CLAIM NO. 3, APPLICATION FOR APPROVAL OF AUGMENTATION PLAN. 1. Name of Structures to Be Augmented:

Stream Depletion Well Owner Permit No. Factor (SDF) Legal Description Alles, Gary 7196 170 NW 1/4, SE 1/4, Sec. 23, Twp. 5N., Rng. 65 W., 6th P.M. Alles, Gary 7226 84 SW 1/4, NE 1/4, Sec. 23, Twp. 5 N., Rng. 65 W., 6th P.M. Alles, Gary 11062F 120 NE 1/4, SE 1/4, Sec. 22, Twp. 5 N., Rng. 65 W., 6th P.M. Alles, John L. RF323 79 NW 1/4, NW 1/4, Sec. 33, Twp. 5 N., Rng. 65 W., 6th P.M. Alles, John L. 10395 270 SW 1/4, NE 1/4, Sec. 27, Twp. 5 N., Rng. 65 W., 6th P.M. Alles, Martha 1033 179 NW 1/4, NE 1/4, Sec. 33, Twp. 5 N., Rng. 65 W., 6th P.M. Alles, Martha 1034 134 SW 1/4, NW 1/4, Sec. 33, Twp. 5 N., Rng. 65 W., 6th P.M. Alles, Martha 12801 229 SW 1/4, NE 1/4, Sec. 33, Twp. 5 N., Rng. 65 W., 6th P.M. Alles, Randy 16094 404 SW 1/4, NW 1/4, Sec. 26, Twp. 5 N., Rng. 65 W., 6th P.M. Craven, Rex & Mary Ann 10415 563 SE 1/4, NW 1/4, Sec. 4, Twp. 4 N., Rng. 65 W., 6th P.M. Dickens, Lyle & Sandra 5846F 63 SW 1/4, NE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W., 6th P.M. Dumler, Bill 12196 425 SW 1/4, SE 1/4, Sec. 27, Twp. 5 N., Rng. 65 W., 6th P.M. Franklin, William J. 13151 126 SW 1/4, SE 14, Sec. 28, Twp. 5 N., Rng. 65 W., 6th P.M. Hoff, LeRoy K. 13033R 244 N 1/4, NE 1/4 Sec. 27, Twp. 5 N., Rng. 65 W., 6th P.M.

Hoshiko Farms, Inc. 13086F 232 SW 1/4, SW 1/4, Sec. 23, Twp. 5 N., Rng. 65 W., 6th P.M. Hoshiko Farms, Inc. 5923 36 NW 1/4, NE 1/4, Sec. 23, Twp. 5 N., Rng. 65 W., 6th P.M. Jerke, William H. & Charles W. 871 873 SW 1/4, NE 1/4, Sec. 7, Twp. 4 N., Rng. 65 W., 6th P.M. Jerke, William H. & Charles W. 873 886 SW 1/4, NE 1/4, Sec. 7, Twp. 4 N., Rng. 65 W., 6th P.M. Kallas, Jessie & Bill 10416 701 NW 1/4, SE 1/4, Sec. 4, Twp. 4 N., Rng. 65 W., 6th P.M. Keiser, G. A. 13981 221 NW 1/4, SW 1/4, Sec. 33, Twp 5 N., Rng. 65 W., 6th P.M. Knaub, Oliver & Clara R53 366 NW 1/4, NE 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. Maxey, George R4458 302 NW 1/4, SE 1/4, Sec. 24, Twp. 5 N., Rng. 65 W., 6th P.M. Maxey, George 7227 120 SW 1/4, NW 1/4, Sec. 24, Twp. 5 N., Rng. 65 W., 6th P.M. McClellan, George & Betty 171 595 SW 1/4, NE 1/4, Sec. 4, Twp. 4 N., Rng. 65 W., 6th P.M. McClellan, George & Betty 11104 843 SW 1/4, SW 1/4, Sec. 3, Twp. 4 N., Rng. 65 W., 6th P.M. Mercure, Nancy 1-7211 398 SW 1/4, NW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. Mercure, Nancy 2-7213 442 SE 1/4, NW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. Mercure, Nancy 2-7210 940 SW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th P.M. Mercure, Nancy 4-4396F 990 SW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th P.M. Mercure, Nancy 1-7209 989 SW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th P.M. Mercure, Nancy 3-7212 750 NW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th P.M. Mokray, Stephen E. 04131F 95 NW 1/4, NW 1/4, Sec. 27, Twp. 5 N., Rng. 65 W., 6th P.M. Moran, Howard & Teresa NR 149 NE 1/4, NW 1/4, Sec. 27, Twp. 5 N., Rng. 65 W., 6th P.M. Ream, Janet L. 8641 30 SW 1/4, SE 1/4, Sec. 14, Twp. 5 N., Rng. 65 W., 6th P.M. Sauer, Raymond 13910 328 SW 1/4, SW 1/4, Sec. 33, Twp. 5 N., Rng. 65 W., 6th P.M. Schissler, Gary A. 14476F 559 SE 1/4, NW 1/4, Sec. 4, Twp. 4 N., Rng. 65 W., 6th P.M. Stewart, James K. 948 184 SW 1/4, SW 1/4, Sec. 32, Twp. 5 N., Rng. 65 W., 6th P.M. Strohauer, Harry 7225 255 SW 1/4, SE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W., 6th P.M. Strohauer, H. & Boulter, R. 0170 461 S 1/4, SE 1/4, Sec. 33, Twp. 5 N., Rng. 65 W., 6th P.M. Strohauer, H. & Boulter, R. NR 547 NE 1/4, SW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. The 40 wells listed above (member wells) include 32 wells under the Union Ditch system, 7 wells under the Western Mutual Ditch system and 1 well which does not make use of surface water shares under either of these two ditch systems. (See attached Map C). (a) Stream depletions caused by wells in this plan are estimated to result in an average annual historical consumptive use of 206 acre-feet for 1975 through 2002. Depletions similar to this order of magnitude are expected to continue into the future. 2. Replacement Water Sources: (a) Recharge ponds listed below: Recharge Site Legal Description Mercure #1 SE 1/4, NW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. Mercure #2 SW 1/4, NE 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. Sauer SW 1/4, SW 1/4, Sec. 33, Twp. 5 N., Rng. 65 W., 6th P.M. Strohauer SW 1/4, NE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W., 6th P.M. G. Alles #1 SE 1/4, NE 1/4, Sec. 23, Twp. 5 N., Rng. 65 W., 6th P.M. G. Alles #2 NE 1/4, NE 1/4, Sec. 23, Twp. 5 N., Rng. 65 W., 6th P.M. R. Alles SW 1/4, NE 1/4, Sec. 26, Twp. 5 N., Rng. 65 W., 6th P.M. J. Alles NE 1/4, NW 1/4, Sec. 33, Twp. 5 N., Rng. 65 W., 6th P.M. Franklin SW 1/4, SW 1/4, Sec. 27, Twp. 5 N., Rng. 65 W., 6th P.M. Dickens SE 1/4, NE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W., 6th P.M. Any other site deemed appropriate and approved by the Division Engineer. (b) The development of recharge structures upon the properties listed herein or any other sites that are appropriate and approved by the Division Engineer. The above 10 potential recharge structure locations within the Union Ditch service area and representative canal reaches of the Union Ditch will provide a long-term water replacement option for well members. Union proposes to develop recharge structures to the extent needed to augment average annual well depletions of well members. The changed water rights and junior water rights applied for herein (and other water rights available) will

be diverted through the Union Ditch when it is not being used for irrigation purposes into the recharge structures so it can be utilized for replacement and augmentation purposes to replace depletions caused by member wells. (c) Union has secured or will secure a lease agreement with The Lower Latham Reservoir Company to lease 14.19 shares of Greeley Irrigation Company (GIC). The average annual consumptive use per GIC share was determined to be 10.31 acre feet in Case No. 96 CW 658. (d) Union has secured or will secure a lease agreement with William and Charles Jerke, well members in this plan, to lease 2 shares of the Union Ditch. A historical use analyses (1950-2002) of these shares and the farm they irrigated indicates an average annual consumptive use of 66.1 acre feet. (e) Union has secured or will secure a lease agreement with William and Geneva Franklin to lease 1 share of GIC. (f) Union owns 5.75 shares of Union Reservoir Company that it has leased on an annual basis to GASP. Union will utilize the 44 acre feet of consumptive use of these shares to replace depletions caused by well members. (g) Union has secured or will secure agreements from well members who own permitted augmentation wells (retiming wells) listed below:

Well Well Owner Permit No. Legal Description W. Jerke 22911 WCR 39 LaSalle, CO 80645 (970) 284-6061 872 SE 1/4, NE 1/4, Sec. 7, Twp. 4 N., Rng. 65 W., 6th P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 27210 SW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 37212 NW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 27213 SE 1/4, NW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 44396F SW 1/4, NW 1/4, Sec. 8, Twp. 4 N., Rng. 65 W., 6th P.M. N. Mercure 351 17th Street Boulder, CO 80302 (303) 443-7626 17211 NW 1/4, SW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. H. Strohauer 19595 WCR 50 LaSalle, CO 80645 (970) 284-6526 7225 SW 1/4, SE 1/4, Sec. 32, Twp. 5 N., Rng. 65 W., 6th P.M. H. Strohauer & R. Boulter 19595 WCR 50 LaSalle, CO 80645 (970) 284-6526 NR NE 1/4, SW 1/4, Sec. 5, Twp. 4 N., Rng. 65 W., 6th P.M. Stream depletions caused by the pumping of the retiming wells will be determined with the SDF methodology. (g) Union well members will have the ability to bypass a portion of their Union Ditch Company water during periods of time when there is insufficient replacement waters available for their depletions if other augmentation resources are not available. (h) Union has secured or will secure agreements from The Lower Latham Reservoir Company, The New Cache La Poudre Irrigating Company, The Ogilvy Ditch Company or any other entity with water sources available or with excess augmentation credits that are legally available for augmentation use to utilize in its’ augmentation plan. (i) Union well members will agree that to the extent the forecasted depletions cannot be replaced by suitable augmentation sources that their well pumping will be curtailed to the extent necessary to prevent injury to other vested senior water rights. 3. Applicant will provide appropriate accounting as to the operation of this plan of augmentation as required by the Division Engineer. (a) Depletions from well pumping are to be determined with

the water budget method or whatever method is determined acceptable by the Court. Out-of-priority depletions to the river will be replaced at the appropriate time, location, quantity and quality. The lagged effects of ground water pumping will be estimated using SDF contour maps as well as the SDF interpolation method between SDF contours. CLAIM NO. 4, APPLICATION FOR CHANGE OF WATER RIGHTS (Union Ditch Water). 1. Name of Water Rights and Structures Which Change is Sought: (a) Union Ditch Company shares of well members. Applicant seeks a change of use/bypass of 132.5 shares that the well-users own of the total 250 shares under the Union Ditch to use in their augmentation plan listed herein. (b) Union Ditch water rights are direct flow rights, by original appropriation, decreed to the Union Ditch from the South Platte River. (i) Decree entered: April 28, 1883, in Case No. 6009. (ii) Appropriation dates and amounts: Appropriation date: 11/5/1874 for 100 c.f.s. Appropriation date: 11/2/1881 for 84.03 c.f.s. (iii) Decreed point of diversion: The headgate of the Union Ditch is located in the Northeast Corner (NE Cor) of Section Eighteen (18), Township Four (4) North, Range Sixty-Six (66) West of the 6th P.M., Weld County, Colorado. 2. Source: South Platte River 3. The 132.5 shares of Union Ditch have been historically diverted at the Union Ditch headgate and used for agricultural irrigation on approximately 2,187 acres of farm ground under the Union Ditch service area located in §§ 3, 4, 5, 7 and 8, Twp. 4 N., and §§ 14, 22, 23, 24, 26, 27, 28, 32 and 33, Twp. 5 N., all in Rng. 65 West of the 6th P.M., Weld County. (See attached Map D.) 4.Change Sought: During times when there is insufficient replacement water available for this Plan of Augmentation, applicant may bypass the water associated with certain of the 132.5 shares belonging to the well members. To prevent injury to other water rights, and to prevent expanded use of the senior water rights, a portion of the above well members’ farm ground will be temporarily dried up on a seasonal basis whenever such bypass occurs. Return flow obligations for these changed shares shall be accounted for and replaced. 03CW405 - Northern Colorado Water Conservancy District, c/o Peggy E. Montano, Esq., Trout, Witwer & Freeman, P.C., 1120 Lincoln Street, Denver, Colorado, 80203, (303)-861-1963, Ext. 133. APPLICATION FOR CHANGE OF WATER RIGHT IN LARIMER COUNTY. 1. Name, mailing address, telephone number of Applicant: Northern Colorado Water Conservancy District ("District"), 220 Water Avenue, Berthoud, Colorado, 80513, (970)-532-7700. 2. Decreed names of structures for which change is sought: Grey Mountain Dam and Reservoir, Cache La Poudre Forebay Dam and Reservoir. 3. From previous decree: A. Date Entered:August 20, 1985, Case Number: 80CW355, Court: District Court, Water Division No. 1. B. Decreed points of diversion: (i) Grey Mountain Dam and Reservoir: a) Location: A dam axis located in Section 9, Township 8 North, Range 70 West, 6th P.M., Larimer County, Colorado being more particularly described as follows: Considering the West line of the Northeast 1/4 of said Section 9 as bearing South 00Ε 28' 33" East as determined by solar observation, and with all bearings contained herein relative thereto: Beginning at the Southwest corner of the Northeast 1/4 of said Section 9; thence South 27Ε 19' 28" East 502.44 feet to a point on the centerline of said dam with axis bearing North 87Ε 32' 26" East, said point also being at the intersection of the centerline of the Cache La Poudre River Channel as it existed at the time the original application was filed. b) Sources: Cache La Poudre River and its tributaries, all of said waters being tributary to the South Platte River. c) Appropriation Date: May 2, 1980. d) Amount: 220,000 acre-feet, conditional. e) Decreed Uses: Irrigation, municipal, domestic, industrial and production of electrical power and energy. f) Historic Use: Because this is still a conditional water right, there has been no historic use. (ii) Cache La Poudre Forebay Dam and Reservoir: a) Location: A dam axis located in Section 36, Township 9 North, Range 71 West, 6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Northwest 1/4 of said Section 36 as bearing North 04Ε 32' 13" West as determined by solar observation, and with all bearings contained herein relative thereto: Beginning at the Northwest corner of the Northwest 1/4 of said Section 36; thence South 63Ε 45' 28" East 1937.95 feet to a point on the centerline of said dam with axis bearing North 53Ε 57' 35" East. Point of diversion for Cache La Poudre Forebay Dam and Reservoir on the Cache La Poudre River at Cache La Poudre Power Conduits: Intake “Y”: An intake point located in Section 31, Township 9 North, Range 70 West, 6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 31 as being North 89Ε 51' 00" East and with all bearings contained herein relative thereto: Beginning at the Southwest corner of said Section 31; thence along the South line of the Southwest Quarter of said Section 31 North 89Ε 51' 00" East 1427.89 feet; thence departing said South line North 00Ε 09" 00" West 499.20 feet to said intake point. b) Sources: Cache La Poudre River and its tributaries, all of said waters being tributary to the South Platte River. c) Appropriation date: May 2, 1980. d) Amount: 5,400 acre-feet, conditional. e) Uses: Irrigation, municipal, domestic, industrial and production of electrical power and energy. f) Historic Use: Because this is still a conditional water right, there has been no historic use. C. Diligence Decree: A finding of reasonable diligence for the Grey Mountain Dam and Reservoir

conditional water right and the Cache La Poudre Forebay Dam and Reservoir conditional water right was decreed in consolidated Case Nos. 85CW206, 85CW207, 85CW208, 85CW209, 85CW210 and 89CW122, Water Division No. 1, August 9, 1995. D. Application for Finding of Reasonable Diligence: An application for finding of reasonable diligence for the Grey Mountain Dam and Reservoir conditional water right and the Cache La Poudre Forebay Dam and Reservoir was filed in Case No. 01CW197, Water Division No. 1, on October 31, 2001. The application is still pending at this time. The Water Court had previously issued an order, dated October 10, 2001, extending the time for filing an application for diligence until December 31, 2001. E. Ownership of theWater Rights: The District owns an undivided 7/8th interest in the conditional water rights decreed in Case No. 80CW355. The Cache La Poudre Water Users Association (“Association”), a Colorado non-profit corporation, owns the remaining undivided 1/8th interest. Pursuant to an agreement between the Association and the District, dated December 12, 2003, the Association has consented to the inclusion of its 1/8th interest in this application and has authorized the District to act for and on behalf of the Association in regard to the actions necessary to obtain a decree for the water rights changes contemplated in this application. 4. Proposed Changes: A. Grey Mountain Dam and Reservoir: The Applicant proposes an alternate place of storage of the Grey Mountain Dam and Reservoir water right in the proposed Glade Reservoir with three alternate points of diversion. The alternate location of storage and the three alternate points of diversion are shown on the Location Map in Exhibit A attached hereto. The alternate location of storage is as follows: (i) Glade Dam and Reservoir: A dam axis located in Sections 11, 12 and 13, Township 8 North, Range 70 West of the 6th P.M, in Larimer County, Colorado, is as follows: Beginning at a point, which is the terminal point of the dam’s left abutment, from which the Southwest corner of Section 12, Township 8 North, Range 70 West of the 6th P.M. bears North 88Ε 14' 55" West, a distance of 1879.6'. From said point, the axis of the dam bears North 65Ε 04' 43" West, a distance of 729.9' to a point on the dam axis. From said point, the axis of the dam bears North 14Ε 49' 34" West, a distance of 1021.7' to a point on the dam axis. From said point, the axis of the dam bears North 21Ε 39' 51" West, a distance of 3383.8' to the terminal point of the dam’s right abutment. The proposed Glade Dam and Reservoir will inundate portions of the Northwest and Southwest Quarters of Sections 19, 30 and 31, Township 9 North, Range 69 West, 6th P.M.; the Northwest and Southwest Quarters of Section 6 and the Northwest Quarter of Section 7, Township 8 North, Range 69 West, 6th P.M; the Southeast Quarter of Section 24, the Northeast, Southeast and Southwest Quarters of Section 25 and all Quarters of Section 36, Township 9 North, Range 70 West, 6th P.M.; and all Quarters of Section 1, the Northeast and Southeast Quarters of Section 2, the Northeast and Southeast Quarters of Section 11, all Quarters of Section 12, and the Northwest Quarter of Section 13, Township 8 North, Range 70 West, 6th P.M. Reservoir storage capacity: 220,000 acre-feet. Total combined rate of diversion: 3,000 c.f.s. The three alternate points of diversion are as follows: (ii) Poudre Valley Canal Diversion: The Poudre Valley Canal Diversion is located on the Cache la Poudre River at a point 1,000 feet north of the south section line and 150 feet east of the west section line in the Southwest quarter of Section 10, Township 8 North, Range 70 West, 6th P.M. Water would be conveyed through an enlarged Poudre Valley Canal for a distance of approximately 10,800 feet to the Glade Reservoir forebay. Water would then be pumped from the forebay into Glade Reservoir. (iii) North Poudre Supply Canal Diversion Works: The North Poudre Supply Canal Diversion is located on the Cache la Poudre River at a point 1,900 feet south of the north section line and 2,100 feet west of the east section line in the Northeast quarter of Section 5, Township 8 North, Range 70 West, 6th P.M. Water would be conveyed through the North Poudre Supply Canal for a distance of approximately 19,400 feet. The water would then be pumped into Glade Reservoir. (iv) Grey Mountain Dam Diversion: The Grey Mountain Dam Diversion is located at the Grey Mountain Dam axis in Section 9, Township 8 North, Range 70 West, 6th P.M., Larimer County, Colorado being more particularly described as follows: Considering the West line of the Northeast 1/4 of said Section 9 as bearing South 00Ε 28' 33" East as determined by solar observation, and with all bearings contained herein relative thereto: Beginning at the Southwest corner of the Northeast 1/4 of said Section 9; thence South 27Ε 19' 28" East 502.44 feet to a point on the centerline of said dam with axis bearing North 87Ε 32' 26" East, said point also being at the intersection of the centerline of the Cache La Poudre River Channel as it existed at the time the original application was filed. B. Cache La Poudre Forebay Dam and Reservoir: The Applicant proposes an alternate place of storage of the Cache La Poudre Forebay Dam and Reservoir water right in the proposed Glade Forebay with three alternate points of diversion. The alternate location of storage and the three alternate points of diversion are shown on the Location Map in Exhibit A attached to the Application. The alternate storage location is described as follows: (i) Glade Forebay: A forebay located in the Southeast 1/4 of Section 11, Township 8 North, Range 70 West of the 6th P.M, in Larimer County, Colorado, is as follows: Forebay storage capacity: 5,400 acre-feet. Rate of diversion: 3,000 c.f.s. The three alternate points of diversion are as follows: (ii) Poudre Valley Canal Diversion: The Poudre Valley Canal Diversion is located on the Cache la Poudre River at a point 1,000 feet north of the south section line and 150 feet east of the west section line in the Southwest quarter of Section 10, Township 8

North, Range 70 West, 6th P.M. Water would be conveyed through an enlarged Poudre Valley Canal for a distance of approximately 10,800 feet to the Glade Reservoir forebay. (iii) North Poudre Supply Canal Diversion Works: The North Poudre Supply Canal Diversion is located on the Cache la Poudre River at a point 1,900 feet south of the north section line and 2,100 feet west of the east section line in the Northeast quarter of Section 5, Township 8 North, Range 70 West, 6th P.M. Water would be conveyed through the North Poudre Supply Canal for a distance of approximately 19,400 feet. The water would then be pumped into Glade Forebay. (iv) Grey Mountain Dam Diversion: The Grey Mountain Dam Diversion is located at the Grey Mountain Dam axis in Section 9, Township 8 North, Range 70 West, 6th P.M., Larimer County, Colorado being more particularly described as follows: Considering the West line of the Northeast 1/4 of said Section 9 as bearing South 00Ε 28' 33" East as determined by solar observation, and with all bearings contained herein relative thereto: Beginning at the Southwest corner of the Northeast 1/4 of said Section 9; thence South 27Ε 19' 28" East 502.44 feet to a point on the centerline of said dam with axis bearing North 87Ε 32' 26" East, said point also being at the intersection of the centerline of the Cache La Poudre River Channel as it existed at the time the original application was filed. C. The total combined diversions under the Grey Mountain Dam and Reservoir water right at all of its decreed diversions points shall be limited to the amount of water physically and legally available to the Applicant at the originally decreed point of diversion in Case No. 80CW355, District Court, Water Division No. 1. Similarly, the total combined diversions under the Cache La Poudre Forebay Dam and Reservoir water right at all of its decreed diversion points shall be limited to the amount of water physically and legally available under to the Applicant at the originally decreed point of diversion in Case No. 80CW355, District Court, Water Division No. 1. 03CW406 Bijou Irrigation Company, 229 Prospect Street, P.O. Box 972, Fort Morgan, CO 80701, Telephone: (970)867-2222. (Michael D. Shimmin, Esq. Vranesh and Raisch, POB 871, Boulder, CO 803036) Application for Water Rights, Including Direct Flow, Storage, Ground Water Recharge, and Augmentation, IN WELD AND MORGAN COUNTIES. 2. Name of structures: A. Bijou Canal; B. Landowner Recharge Ponds as listed and described in Paragraph 3.B., below. 3. Legal description of point of diversion: A. Water will be diverted from the South Platte River through the Bijou Canal. It is an existing ditch which diverts from the South side of the South Platte River in the NE 1/4 NE 1/4 of Section 13, T4N, R63W, 6th P.M., Weld County, Colorado; B. Water diverted through the South Platte River will be delivered through the Bijou Canal and its laterals to several water storage and ground water recharge ponds, located and described as follows: RECHARGE PONDS

POND CAPACITY SURFACE

AREA DAM

HEIGHT LOCATION HHR 1 100 acre ft. 12.5 acres 5 feet NW 1/4 SW 1/4 Sec. 1, T3N,

R59W HHR 2 100 acre ft. 17 acres 7 feet NW 1/4 SW 1/4 Sec. 1, T3N,

R59W HHR 3 58 acre ft. 4.8 acres 9 feet SW 1/4 SW 1/4 Sec. 36, T4N,

R59W HHR 4 16 acre ft. 2 acres 5 feet SE 1/4 SW 1/4 Sec. 36, T4N,

R59W HHR 5 25 acre ft. 2.5 acres 6 feet NW 1/4 SW 1/4 Sec. 36, T4N,

R59W HHR 6 48 acre ft. 4.8 acres 6 feet SW 1/4 NW 1/4 Sec. 36, T4N,

R59W HHR 7 70 acre ft. 17.5 acres 4 feet S 1/2 S 1/2 Sec. 1, T3N, R59W HHR 8 480 acre ft. 34.6 acres 6 feet S 1/2 NE 1/4 Sec. 6, T4N,

R59W Bruntz 1 300 acre ft. 20 acres 8 feet S 1/2 S 1/2 Sec. 21, T4N,

R59W Bruntz 2 225 acre ft. 15 acres 8 feet E 1/2 SW 1/4 Sec. 21, T4N,

R59W

Bruntz 3 75 acre ft. 5 acres 8 feet NW 1/4 SW 1/4 Sec. 21, T4N, R59W

Geisick 45 acre ft. 4.5 acres 7 feet SW 1/4 NE 1/4 Sec. 31, T4N, R58W

Meisner 1 30 acre ft. 2 acres 9 feet NW 1/4 SW 1/4 Sec. 21, T4N, R59W

Meisner 2 85 acre ft. 5.5 acres 9 feet NE 1/4 SW 1/4 Sec. 21, T4N, R59W

McCracken 2 100 acre ft. 20 acres 9 feet NE 1/4 NE 1/4 Sec. 32, T4N, R58W

McCracken 3 70 acre ft. 10 acres 9 feet SE 1/4 SW 1/4 Sec. 30, T4N, R58W

McCracken 4 70 acre ft. 10 acres 9 feet E 1/2 NW 1/4 Sec. 30, T4N, R58W

Hart/Langford 100 acre ft. 10 acres 9 feet NE 1/4 NE 1/4 Sec. 30, T4N, R61W

Fuerst 1 15 acre ft. 2 acres 9 feet SE 1/4 SW 1/4 Sec. 11, T3N, R59W

Fuerst 2 15 acre ft. 2 acres 9 feet NW 1/4 SW 1/4 Sec. 11, T3N, R59W

Fuerst 3 95 acre ft. 10 acres 9 feet SW 1/4 NW 1/4 Sec. 11, T3N, R59W

Fuerst 4 95 acre ft. 10 acres 9 feet SE 1/4 NW 1/4 Sec. 11, T3N, R59W

L.Groves 1 100 acre ft. 10 acres 8 feet NE 1/4 NE 1/4 Sec. 10, T3N, R59W

L.Groves 2 100 acre ft. 7 acres 8 feet NE 1/4 SE 1/4 Sec. 10, T3N, R59W

Aschenbrenner 100 acre ft. 10 acres 6 feet SW 1/4 SW 1/4 Sec. 11, T3N, R59W

Silz 1 80 acre ft. 8 acres 8 feet SW 1/4 NE 1/4 Sec. 29, T4N, R58W

Silz 2 100 acre ft. 15 acres 8 feet NE 1/4 NE 1/4 Sec. 29, T4N, R58W

Horizon Turf 70 acre ft. 4 acres 6 feet SE 1/4 SW 1/4 Sec. 13, T3N, R59W

Metherd 1 100 acre ft. 20 acres 8 feet SW 1/4 SE 1/4 Sec. 33, T4N, R59W

Metherd 2 100 acre ft. 20 acres 8 feet SW 1/2 SE 1/4 Sec. 33, T4N, R59W

Metherd 3 100 acre ft. 20 acres 8 feet SE 1/4 SW 1/4 Sec. 33, T4N, R59W

Empire Dairy 1 100 acre ft. 20 acres 9 feet SW 1/4 NW 1/4 Sec. 29, T4N, R60W

Empire Dairy 2 100 acre ft. 20 acres 9 feet SW 1/4 NW 1/4 Sec. 29, T4N, R60W

Empire Dairy 3 100 acre ft. 20 acres 9 feet NW 1/4 SW 1/4 Sec. 29, T4N, R60W

Empire Dairy 4 100 acre ft. 20 acres 9 feet NW 1/4 SW 1/4 Sec. 29, T4N, R60W

Ritchey 1 100 acre ft. 20 acres 9 feet NW 1/4 NW 1/4 Sec. 29, T4N, R60W

Ritchey 2 100 acre ft. 20 acres 9 feet NW 1/4 NW 1/4 Sec. 29, T4N, R60W

Ritchey 3 100 acre ft. 20 acres 9 feet NW 1/4 NW 1/4 Sec. 29, T4N,

R60W Neb 1 100 acre ft. 20 acres 9 feet SW 1/4 NW 1/4 Sec. 7, T3N,

R58W Neb 2 100 acre ft. 20 acres 9 feet NW 1/4 SE 1/4 Sec. 7, T3N,

R58W Neb 3 100 acre ft. 20 acres 9 feet SW 1/4 SE 1/4 Sec. 7, T3N,

R58W Scheirman 1 30 acre ft. 6 acres 5 feet SW 1/4 SW 1/4 Sec. 13, T3N,

R59W 4. Source: South Platte River. 5. Date and manner of initiation of appropriation: December 5, 2003, by adoption of Board Resolution stating intent to appropriate, by entering into agreements with landowners for the recharge sites, by posting signs, and by publishing notice of intent to appropriate in the Fort Morgan Times. 6. Amount claimed: 350 c.f.s., at the Bijou Canal Headgate, up to a total annual volume of 50,000 acre feet, conditional. 7. Use or proposed use: The primary use of water will be for recharge and augmentation purposes to replace depletions by wells located within the Bijou Irrigation Company’s service area, and other wells owned by individuals upon whose land the storage and recharge ponds will be constructed. Bijou Irrigation Company has entered into written agreements with all of said landowners which allocate the augmentation credits to be generated by the exercise of this water right. The primary use of Bijou’s share of this water will be for recharge and augmentation purposes to provide supplemental augmentation credits for use in Bijou’s previously decreed company augmentation plan, which is decreed in Case Nos. W-2704 and W-9172-78, Water Court for Water Division No. 1 (“Bijou Plan”). A list of those wells is attached and incorporated as Exhibit A. The primary use of the landowners’ share of this water will be to replace depletions caused by wells owned by those landowners. Those wells are listed in Exhibit B, attached and incorporated in this Application. Because it is impossible to match the timing of depletions from wells, there may be excess credits generated beyond the needs of wells within the Bijou service area and those owned by the individual landowners. Any such excess credits may be used for general augmentation purposes outside of the Bijou Irrigation Company’s service area in accordance with the written agreements between Bijou and the landowners, in accordance with law, and subject to the approval of the State Engineer or Water Court. 8. Bijou Plan and calculation of augmentation credits: A. The Bijou Plan provides augmentation water to replace depletions resulting from the consumptive use of water pumped from the approximately 200 wells shown on Exhibit A. Under previous decrees, augmentation water has been recharged to the aquifer at several individual recharge sites and through the Bijou Canal. The decree in Case Nos. W-2704 and W-9172-78 includes detailed accounting procedures for administering the Bijou Plan, which has been in operation for approximately 17 years. This operational experience has indicated that in certain dry years, additional augmentation credits will be needed to fully cover all of the wells under the Bijou system. In order to supplement its supply of augmentation credits, Bijou has entered into agreements with the individual landowners listed in this Application to construct additional recharge sites. B. The existing Bijou Plan is operated pursuant to detailed terms and conditions contained in the decree entered in Case Nos. W-2704 and W-9172-78. These operations include performing detailed calculations of stream depletions and accretions, and completing accounting forms which summarize these calculations and the augmentation operations. Bijou requests the right to incorporate the additional accretions from the ditch seepage losses and the recharge sites described in this Application into the existing accounting procedures so that the Bijou Plan and this plan will operate in a consistent and unified manner. The accounting procedures used in the Bijou Plan are summarized as follows: a. The owner or operator of each farm with wells included in the plan reports the types and crops and number of acres irrigated by wells prior to May 1 of each year; b. The total irrigation water requirement for the lands irrigated by wells is determined on a monthly basis using the modified Blaney-Criddle method; c. The total surface water supply delivered to lands irrigated by wells is determined from records maintained by Bijou; d. The consumptive use of ground water is calculated for each well as the difference between the total irrigation requirement and the portion of the total irrigation requirement satisfied by surface water; e. The lagged effects of ground water consumption are determined using the Stream Depletion Factor (SDF) methodology developed by the U.S.G.S.; f. The amount of recharge is determined by performing water balance calculations, including reductions for evaporation, for each recharge site and for each ditch reach; g. The lagged effects of recharge accretions are determined using the SDF methodology; h. The cumulative net effects on the South Platte River are determined as the difference between the lagged depletions due to consumption of ground water and the lagged accretions due to recharge. C. Under this water right, augmentation accretions attributable to recharge at all of the new recharge sites described herein will be calculated using the accretion steps listed above and the SDF values for each recharge site, as listed below. Augmentation accretions attributable to seepage losses within the

Bijou Canal and its laterals above the recharge sites will be calculated by canal reach using the same methodology and values currently used under the Bijou Plan. New canal reaches for lateral ditches not decreed in the Bijou Plan will use the SDF factors listed below. The accounting forms currently used for the Bijou Plan will be modified slightly to include the accretions attributable to diversion and recharge under this case. a. SDF values for recharge ponds:

Recharge Ponds

POND SDF VALUE HHR 1 4,300 HHR 2 3,975 HHR 3 3,975 HHR 4 3,315 HHR 5 3,803 HHR 6 3,803 HHR 7 3,000 HHR 8 158 Bruntz 1 2,573 Bruntz 2 2,430 Bruntz 3 2,573 Geisick 1,580 Meisner 1 2,460 Meisner 2 2,430 McCracken 2 195 McCracken 3 1,900 McCracken 4 1,695 Hart/Langford 158 Fuerst 1 5,171 Fuerst 2 5,475 Fuerst 3 5,273 Fuerst 4 4,970 L.Groves 1 5,475 L.Groves 2 5,610 Aschenbrenner 5,610 Silz 1 915 Silz 2 570 Horizon Turf 5,610 Metherd 1 4,920 Metherd 2 4,920 Metherd 3 4,920 Empire Dairy 1 750 Empire Dairy 2 860 Empire Dairy 3 915 Empire Dairy 4 970 Ritchey 1 480 Ritchey 2 740 Ritchey 3 615 Neb 1 3,315 Neb 2 3,000 Neb 3 3,630 Scheirman 1 5,880

b. SDF values for new lateral reaches:

Layton Lateral Ditch Reaches

REACH LOCATION SDF

1 NE 1/4 SW 1/4 Sec. 28, T4N, R59W to SW 1/4 NE 1/4 Sec. 34, T4N, R59W 3630 2 SW 1/4 NE 1/4 Sec. 34, T4N, R59W to SW 1/4 SW 1/4 Sec. 35, T4N, R59W 4320 3 SW 1/4 SW 1/4 Sec. 35, T4N, R59W to NW 1/4 SW 1/4 Sec. 36, T4N, R59W 4320 4 NW 1/4 SW 1/4 Sec. 36, T4N, R59W to SW 1/4 SE 1/4 Sec. 25, T4N, R59W 3630 5 SW 1/4 SE 1/4 Sec. 25, T4N, R59W to SE 1/4 SE 1/4 Sec. 25, T4N, R59W 3000 6 SE 1/4 SE 1/4 Sec. 25, T4N, R59W to SW 1/4 SE 1/4 Sec. 30, T4N, R58W 1470 7 SW 1/4 SE 1/4 Sec. 30, T4N, R58W to SE 1/4 SW 1/4 Sec. 29, T4N, R58W 750

Bijou No. 2 Lateral Reaches

REACH LOCATION SDF

1 NW 1/4 NE 1/4 Sec. 14, T3N, R59W to NE 1/4 NE 1/4 Sec. 14, T3N, R59W 4882 2 NE 1/4 NE 1/4 Sec. 14, T3N, R59W to SE 1/4 SW 1/4 Sec. 12, T3N, R59W 4320

D. Pursuant to the written agreements between Bijou and the landowners, certain augmentation credits are allocated to Bijou, and certain credits are allocated to the landowners. All augmentation credits attributable to diversions under this case will be calculated using the methodologies described above, and then divided between Bijou and the landowners in accordance with those written agreements. The Bijou share of said credits will be used in the Bijou Plan or as excess credits as described above. The landowners’ share will be used by the landowners, as described in Paragraph 7. 9. Name and address of owner of land on which points of diversion and place of use are located: A. The Bijou Canal headgate is located on land owned by the Bijou Irrigation Company. B. The storage and recharge ponds are located on lands owned by the following individuals, all of whom have written agreements with the Bijou Irrigation Company which specifically contemplate the filing of this Application:

PONDS OWNERS HHR 1 – 8 HHR Family Farms, LLC

c/o Loretta Geisick 20413 MCR 6 Wiggins, CO 80654

Bruntz 1 – 3 Steve Bruntz 3506 MCR T Wiggins, CO 80654

Geisick Geisick Brothers c/o Robert Geisick 20413 MCR 6 Wiggins, CO 80654

Meisner 1 – 2 Meisner Farms, LTD, LLC c/o Carl Printz 16715 Hwy. 34 Orchard, CO 80649

McCracken 2 – 4 David McCracken Brian McCracken 13490 MCR T Fort Morgan, CO 80701

Hart/Langford Leroy Hart Brenda Langford 42996 Hwy. 34 Orchard, CO 80649

Fuerst 1 – 4 Steven & Tami Jo Fuerst 17596 MCR 11

Fort Morgan, CO 80701 L.Groves 1 – 2 Larry Groves

16793 MCR 10 Fort Morgan, CO 80701

Aschenbrenner Allen Aschenbrenner 9307 Road Q Fort Morgan, CO 80701

Silz 1 – 2 Nicholas Silz 19189 MCR N Fort Morgan, CO 80701

Horizon Turf Horizon Turf Nursery 15470 MCR 11 Fort Morgan, CO 80701

Metherd 1 – 3 Chris Metherd 18874 MCR 4 Wiggins, CO 80654

Empire Dairy 1 – 4 Empire Dairy c/o Norm Dinis 1473 County Road S Wiggins, CO 80654

Ritchey 1 – 3 Ritchey Land & Cattle Co. c/o Grant Ritchey 13821 Sable Blvd. Brighton, CO 80601

Neb 1 – 3 Richard Neb Kenneth Neb Dean Neb 206 High Street Wiggins, CO 80654

Scheirman 1 Rudy Ronald Scheirman 15307 MCR 13 Fort Morgan, CO 80701

10. Remarks: It is the intent of this Application to adjudicate all elements necessary for the Bijou Irrigation Company to utilize its share of augmentation credits resulting from the exercise of the water rights described above as a supplemental source of augmentation credits for its existing augmentation plan previously decreed in Case Nos. W-2704 and W-9172-78 or as excess credits. Bijou is not seeking any change or modification to its previous augmentation plan decrees. It is not the intent of the Application to adjudicate an augmentation plan to cover any wells not already included in the Bijou Plan. Use of the augmentation credits resulting from this case to cover any well not currently included in the Bijou Plan will be subject to the separate approval of the State Engineer or Water Court. 03CW407 PINNEO FEEDLOT, LLC. APPLICATION FOR APPROVAL OF CHANGE OF WATER RIGHT AND PLAN FOR AUGMENTATION, IN MORGAN COUNTY. Name, address, and telephone number of applicant: Pinneo Feedlot, LLC, Attn: Joel Chisum, Manager, 32295 U.S. Highway 34, P.O. Box 384, Brush, Colorado 80723 (970) 842-0701. Direct pleadings to: James S. Witwer, Peter D. Nichols,Trout, Witwer and Freeman, P.C., 1120 Lincoln Street, Suite 1600 Denver, Colorado 80203. Overview: The Pinneo Feedlot is located three miles east of Brush on U.S. Highway 34. The application seeks approval of a plan for augmentation to replace out-of-priority well depletions at the Pinneo Feedlot with surplus water recharge credits from the Farmers State Bank of Brush Recharge and Augmentation Project, a decreed recharge and augmentation plan now 50 percent owned by the Applicant, and

consumptive use credits associated with stock in the Jackson Lake Reservoir and Irrigation Company. Names of structures to be augmented (“Pinneo Feedlot Wells”): Well Permit No. 10538. Location: 20 feet north of the south line and 450 feet east of the west line of Sec. 33, T.4N., R. 55W., 6th P.M., Morgan County. Source: Groundwater. Appropriation date: September 8, 1955. Amount: 0.77 cfs. Use: domestic and commercial. Adjudication: Case No. 6272, Water Division No. 1, entered 22 July 1976.Well Permit No. 10539. Location: 10 feet north of the south line and 1095 feet east of the west line of Sec. 33, T.4N., R.55W., 6th P.M., Morgan County. Source: Groundwater. Appropriation date: September 10, 1955 Amount: 0.77 cfs. Use: domestic and commercial. Adjudication: Case No. 6272, Water Division No. 1, entered 22 July 1976. Well Permit No. 10540. Location: 1055 feet north of the south line and 1850 feet east of the west line of Sec. 33, T.4N., R.55W., 6th P.M., Morgan County. Source: Groundwater. Appropriation date: April 30 1957. Amount: 0.41 cfs. Use: Domestic and commercial. Adjudication: Case No. 6272, Water Division No. 1, entered 22 July 1976. Well Permit No. 10330-F. Location: 1215 feet north of the south line and 660 feet east of the west line, Sec. 33, T.4N., R.55W., 6th P.M., Morgan County.Source: Groundwater. Appropriation date: October 6, 1965. Amount: 0.41 cfs. Use: domestic and commercial. Adjudication: Case No. 6272, Water Division No. 1, entered 22 July 1976. Well Permit No. 10643-F. Location: NW ¼ SE ¼ Sec. 33, T4N, R55W, 6th P.M., Morgan County, at a point approximately 1500 feet North and 2,715 feet East of the Southwest corner of said Section 33. Source: Groundwater tributary to the South Platte River. Appropriation date: September 18, 1967. Amount: 2.22 cfs, not to exceed 200 acre-feet per year. Use: Commercial feedlot and agricultural purposes. Prior change: Case No. 97CW234, Water Division No. 1, entered November 13, 2003. Water rights to be used for augmentation: Recharge credits available under the Farmers State Bank of Brush Recharge and Augmentation Project, a.k.a. Headley Recharge and Augmentation Project (“Augmentation Project”). Prior Adjudication: The Augmentation Project was decreed in Case No. 90CW189, Water Division No. 1, entered November 23, 1992. The Court decreed certain conditional water rights absolute and entered a Finding of Reasonable Diligence on other conditional water rights associated with the Augmentation Project on January 31, 2001 in Case No. 98CW416, Water Division No. 1. Source: South Platte River, together with all tributaries intersecting the Riverside Canal, as well as natural runoff intercepted by the Riverside Canal and the Recharge Facility. Date of initial appropriation: August 10, 1990. Amounts: Riverside Canal: 120 cfs absolute. Riverside Reservoir: 3,000 acre-feet absolute. Wildcat Reservoir: 2,500 acre-feet conditional. Headley Recharge Pond No. 1: 116.4 acre-feet absolute; and 49.6 acre-feet conditional. Headley Recharge Pond No. 2: 16.2 acre-feet absolute; and 123.8 acre-feet conditional. Headley Recharge Pond No. 3: 17.6 acre-feet absolute; and 52.4 acre-feet conditional. Headley Recharge Pond No. 4: 9.2 acre-feet absolute; and 60.8 acre-feet conditional. Headley Recharge Pond No. 5: 2.1 acre-feet absolute; and 122.9 acre-feet conditional. Headley Recharge Pond No. 6: 3.5 acre-feet absolute; and 56.5 acre-feet conditional. Decreed use of water: Water diverted into the Riverside Canal under the Augmentation Project decree may be delivered directly for recharge or temporarily stored in Riverside Reservoir or Wildcat Reservoir for later release and delivery for recharge. Water placed into the lower end of the Riverside Canal (below what is known as Bruce Weir), into Antelope Draw, and/or into Headley Recharge Ponds No. 1 through 6, may be used for wildlife habitat, recreation, and aesthetic purposes; or used for recharge of the alluvial aquiver and augmentation purposes. Applicant has acquired the land containing the recharge ponds and the 50 percent share of the water recharge credits available under the Augmentation Project, both of

which were originally owned by Farmers State Bank of Brush. The remaining 50 percent of the recharge credits are owned by the Riverside Land and Reservoir Company and are not the subject of this application. Water Rights Represented by Six (6) Shares of Stock in the Jackson Lake Reservoir and Irrigation Company (the “Jackson Lake Rights”). Adjudication: Jackson Lake Reservoir and Irrigation Company has decrees for Jackson Lake Reservoir for 1350 million cubic feet, (31,001 acre-feet), Case No. 2142, Weld County District Court, entered January 5, 1914, with an appropriation date of May 18, 1901; for 202 million cubic feet (4639 acre-feet) Case No. 2142, Weld County District Court, entered May 11, 1915, with an appropriation date of May 18, 1901; and for 8,269.92 acre-feet (refill), Civil Action No. 16704, Weld County District Court, entered June 8, 1965, with an appropriation date of December 31, 1929. Location: The headgate of the Jackson Lake Inlet Canal is located at a point on the north bank of the South Platte River, 900 feet south and 200 feet west of the center of the SE ¼ of Section 18, T.4N., R.61W., 6th P.M., Weld County. Jackson Lake Reservoir is located in all or portions of Sections 10, 13, 14, 15, 16, 21, 22, 23, 24, 26 and 27, T.5N., R.60W., 6th P.M., Morgan County. Source: South Platte River. Use: Irrigation. Historic Use: Historically, Applicant’s share of the recharge credits available under the Augmentation Project have been used to replace depletions associated with the use of Headley Well Nos. 3993-F, 5709-F, and 10794-F to irrigate approximately 470 acres of land in Sections 20 and 29, Township 5 North, Range 55 West, 6th P.M., and to replace depletions associated with Gravel Pit Nos. 1, 2 and 4a attributable to evaporation of alluvial groundwater exposed in the gravel mining process, water consumed in gravel washing and dust suppression activities, and water removed from the property with mined gravel, pursuant to the Augmentation Project decree entered November 22, 1992 in Case No. 90CW189, Water Division No. 1. Jackson Lake Rights: In the Ruling of the Referee and Judgment and Decree of the Court entered in Case No. 87CW052 on June 29, 1990, the District Court for Water Division 1 found that shares of Jackson Lake Reservoir and Irrigation Company stock are entitled to a pro rata share of the water stored by the Company, which has historically been approximately 16 acre-feet per share annually. In that case, the Court found further that approximately 50% of the water released from Jackson Lake Reservoir has historically been consumed and is available for consumptive use credits. Applicant is entitled to rely upon these findings in its application to change the use of the Jackson Lake Rights for augmentation purposes. Proposed Change of Use of Jackson Lake Rights: Applicant also seeks approval of a change of use of the Jackson Lake Rights, described previously in the application, to add an alternate use for augmentation and replacement purposes as described in more detail elsewhere in this application. No change in point of diversion is requested. Statement of Plan for Augmentation: Applicant will augment out-of-priority depletions attributable to the Pinneo Feedlot Wells by continuing to deliver water to the recharge facilities decreed to the Augmentation Project, and accounting for surplus recharge credits that accrue to the stream in excess of any augmentation requirements imposed by the Augmentation Project decree. There will often be sufficient recharge credits available in excess of the augmentation requirements under that decree to provide full replacement of out-of-priority depletions associated with the Pinneo Feedlot Wells. In the event of any shortfall in required replacement, Pinneo will release sufficient water available under the Jackson Lake Rights for augmentation purposes.

Name(s) and address(es) of owner(s) of land on which structure(s) 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: Riverside Canal: Riverside Reservoir and Land Company, P.O. Box 455,Fort Morgan, CO 80701. Antelope Draw: Paul R. Wolever LLLP, 28010 Highway 71, Snyder, CO 80750. Jed C. Peterson Living Trust, P.O. Box 705, Brush, CO 80723. State of Colorado, State Board of Land Commissioners, 1313 Sherman, Room 620, Denver, CO 80203. The Applicant owns all land on which the Headley Recharge Ponds Nos. 1 through 6 are located, and on which subject well water is and will be placed to beneficial use. 03CW408 Town of Severance c/o John C. Holdren, Town Manager, 330 First Street, P.O. Box 122, Severance, CO 80546. (Steven P. Jeffers, Esq., Madoline E. S. Wallace, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978.) Application for Change of Water Rights, IN WELD COUNTY. 2. Water rights for which change is sought: (A copy of the original decree is attached hereto as EXHIBIT A.) a. Decreed name of structure: Well No. R-6502-RF. Copies of the well permit, completion report, pump installation report and statement of beneficial use are attached as EXHIBIT B. i. Date Entered: January 21, 1980. Case No.: W-3103. Court: District Court, Water Division No. 1, Colorado. ii. Decreed point of diversion: The decreed location is in the NE ¼ NE ¼ of Section 2, Township 6 North, Range 67 West, 6th PM, in Weld County, Colorado, approximately 400 feet from the North and 720 feet from the East section lines. The actual location is at a point in the NE ¼ NE ¼ of said Section 2, approximately 550 feet from the North and 1,250 feet from the East section lines. iii. Source: Groundwater. iv. Appropriation date: May 31, 1955. v. Amount: 1.11 cfs. vi. Historic Use: The well is decreed for irrigation of approximately 160 acres in the NE ¼ of Section 2, Township 6 North, Range 67 West of the 6th PM, Weld County, Colorado. Water from the well has been used, together with water from Well No. 2-6518-R, the Larimer and Weld Irrigation Co. and the Windsor Reservoir and Canal Co., to irrigate a single farm consisting of 80.6 acres in the NE ¼ and 63.7 acres in the SE ¼ of said Section 2. Applicant has determined that the average historic diversions from both wells were approximately 245 acre feet per year for irrigation of lands in the NE ¼ of Section 2. The location of the historically irrigated acreage is depicted on attached EXHIBIT C. The historic diversion records are attached as EXHIBIT D. b. Decreed name of structure: Well No. 2-6518-R. A copy of the well registration form is attached as EXHIBIT E. i. Date entered: January 21, 1980. Case No.: W-3103. Court: District Court, Water Division No. 1, Colorado. ii. Decreed point of diversion: The decreed location is in the NE ¼ NE ¼ of Section 2, Township 6 North, Range 67 West, 6th PM, in Weld County, Colorado, approximately 450 feet from the North and 580 feet from the East section lines. The actual location is at a point in the NE ¼ NE ¼ of said Section 2, approximately 700 feet from the North and 1,050 feet from the East section lines. iii. Source: Groundwater. iv. Appropriation date: December 31, 1953. v. Amount: 0.90 cfs. vi. Historic Use: Water from the well has been used to irrigate the same land as described for Well No. R-6502-RF above. 3. Proposed change of water rights: Applicant acquired title to the wells and the subject water rights by warranty deed dated March 21, 2002, as part of the annexation of the historically irrigated lands. A copy of the deed is attached hereto as EXHIBIT F. Applicant seeks to change the point of diversion of each well to its actual location described above. Applicant also seeks to change the place of use of each well from the historically irrigated acreage to irrigation of parks, open space, greenways, medians, lawns and gardens in portions of the NE ¼, the SE ¼ and the NW ¼ of Section 2, Township 6 North, and portions of the SE ¼ of Section 34, Township 7 North, all in Range 67 West, 6th PM in Weld County within the municipal boundaries of the Town of Severance, including but not limited to lands within the Timber Ridge, Summit View and Fox Ridge subdivisions. Applicant proposes to limit future diversions to the amount historically diverted from the wells, including: (a) irrigation of no more than 80.6 acres; and (b) average annual diversions not to exceed 172.9 acre feet per year. The historically irrigated lands will be removed from irrigation by these wells, except to the extent such lands are part of the parks, open spaces, greenways, medians, lawns or gardens claimed herein. Both wells have been included in the Cache La Poudre Water Users Association’s plan for augmentation decreed in Case No. W-7921 since June 8, 1992, and will remain in that plan after the proposed change. 4. Owner of lands where structures are located and where water will be used: Applicant owns the land where both well are located. Applicant owns the parks, open space and landscaped median areas to be irrigated. Individual lots to be irrigated by the wells may be owned by land developers or individual lot owners. However, all such lot owners will receive water as customers of the Town’s water system and it is neither practical nor necessary for the Town to identify all those landowners in this application. 03CW409 (85CW363) HIGHLAND LAKES WATER DISTRICT Application for Finding of Reasonable Diligence, IN TELLER, PARK AND DOUGLAS COUNTIES. I.Name,Address, Telephone Number of

Applicants. Highland Lakes Water District, 3136 Blue Mesa Dr., Divide, CO 80814, 719-686-0739. Attorneys for Applicants. James W. Culichia, #13188, Bradford R. Benning, #31946, Felt, Monson & Culichia, LLC, 319 North Weber Street, Colorado Springs, CO 80903, (719) 471-1212. 2. Name of Conditional Water Right: Highland Lakes Water District Exchange. 3. Description of Conditional Water Right. A. Type of Conditional Water Right. Conditional exchange. B. Date of Original Decree. The decree in Case No. 85CW363, Water Division 1 (ADecree@) was entered on April 7, 1995. C. Amount of Conditional Exchange. 7.7 acre-feet per year. D. Sources of Exchange Water. The source of exchange water is from 28 acre-feet of the AAnschutz Exception Water@ owned by Highland Lakes Water District (ADistrict@). The Anschutz Exception Water is a portion of the water that was adjudicated in Case No. W-7936-75 by the City of Aurora (AAurora@) and its description and utilization is set forth in that Decree. The exchange is limited to a maximum of 28 acre-feet per year. The District has previously made 20.3 of this 28 acre-feet absolute with 7.7 acre-feet remaining conditional. The 28 acre-feet of Anschutz Exception Water utilized as the source of exchange water in the Decree is part of the water derived from the following water rights and consumptive use flow rates in c.f.s.:

Water Right

Priority Date

April

May

June

July

August

Burns & Sessions Ditch

10-01-1874

0.12

4.10

5.41

3.79

1.90

Randall & Nicholas Ditch

10-14-1874

0.00

1.01

1.46

1.16

0.36

Brubaker Ditch

05-15-1875

0.00

0.38

0.65

0.53

0.11

Ohler Gulch Ditch

04-01-1878

0.00

1.01

1.47

0.77

0.84

O=Neil Ditch

05-10-1879

0.26

1.84

4.76

2.37

0.96

Anchor Ditch

05-20-1879

0.23

2.66

4.98

4.43

0.00

Cincinnati Ditch

06-20-1879

0.00

0.43

0.58

0.24

0.08

Whitten Ditch

03-15-1880

0.01

0.12

0.12

0.04

0.02

Sessions Ditch

07-31-1880

0.04

0.49

0.75

0.39

0.15

Skelton Ditch

11-01-1880

0.16

1.98

3.05

1.56

0.63

Craig Ditch

05-05-1882

0.02

0.62

1.00

0.86

0.00

Litmer Ditch

06-15-1882

0.02

0.32

0.46

0.25

0.00

Schattinger Ditch

06-01-1883

0.00

0.17

0.17

0.11

0.09

Ohler Ditch

06-25-1888

0.03

1.68

2.92

1.72

0.00

TOTALS

0.89

16.81

27.78

18.22

5.14

Should any portion of the 28 acre-feet of consumptive use Anschutz Exception Water be denominated by Aurora as coming from additional allowed diversions from the Brubaker, Craig, or Litmer Ditches, and be available to Aurora, all in accordance with the provisions of Case No. W-7936-75, the consumptive use c.f.s. flow rates from those ditches are increased as follows:

Water Right

Priority Date

April

May

June

July

August

Brubaker Ditch

05-15-1875

0.00

1.09

1.86

1.51

0.31

Craig Ditch

05-05-1882

0.03

0.92

1.48

1.27

0.00

Litmer Ditch

06-15-1882

0.03

0.48

0.70

0.38

0.00

E. Priority Date of the Conditional Exchange. Pursuant to the Decree, the exchange is decreed two different appropriation dates. The applicability of either appropriation date depends on the time period in which the exchange is operated and the amount of water, as represented by c.f.s. flow rates, that is being exchanged. The first appropriation date of November 28, 1985 applies for the following flow rates and time periods:

May

June

July

August 1-10

1.01 c.f.s

1.46 c.f.s

1.16 c.f.s

0.36 c.f.s.

The second appropriation date of March 31, 1992 applies to the following additional flow rates and time periods.

April

May

June

July

August 1-10

0.89

15.8

26.32

17.04

4.78

Any exchange pursuant to additional flow rates from the Brubaker, Craig, and Litmer Ditches as described in Paragraph 15 of the Decree and as listed in Paragraph 3.D above shall also have an appropriation date of March 31, 1992. F. Uses of the Exchange Water. The decreed use of the exchange water is for augmentation purposes. G. Exchange Reach. The reach of the exchange is from the South Platte River at a point from which the Northeast corner of Section 30, T7S, R69W of the 6th P.M. bears North 46 degrees, 6 minutes East a distance of 3,700 feet (the proposed outlet works of the Two Forks Dam and Reservoir) upstream to the confluence of Twin Creek and the South Platte River at Lake George, Colorado, then upstream to the confluence of Twin Creek and an unnamed tributary thereto (Deer Creek) in Section 6, T13S, R70W of the 6th P.M., then upstream on the unnamed tributary to the terminus of the exchange Elk Lake Reservoir Dam No. 1, which is located in the SE1/4 of Section 4, T13S, R70W of the 6th P.M. at a point from which the center of Section 4 bears North 25 degrees, 3 minutes, and 14 seconds West a distance of 852.64 feet. 4. Outline of Work Done Towards Completion of Appropriation and Application of Water to Beneficial Use. The exchange is part of a unified and integrated system for the collection, treatment, and distribution of water operated by the District. For the purposes of showing diligence as to completion of the appropriative rights of exchange decreed in Case No. 85CW363, diligence as to any part of the District=s water rights system used to operate and benefit from the exchange shall be diligence as to the completion of the exchange. During the diligence period, the District has done the following work and made the following expenditures toward the administration of its water rights and water supply and distribution system, the completion of the appropriation and application of the conditional exchange to beneficial use, and toward the protection and preservation of its water rights: The District has negotiated and obtained title to Elk Lake Reservoir Dam No. 1 as adjudicated in the Water Court, Water Division 1, in Case No. W-930 entered May 18, 1972 together with the real estate upon which Elk Lake Dam and Reservoir are located, Elk Lake being the terminus of the District=s exchange. The District has maintained, improved and enlarged the water supply and distribution system to service residential growth within the District. During the diligence period 152 additional customers have been added to the system and those residences are augmented by the Decree in 85CW363. The District has assumed liabilities for the Highland Lakes Reservoirs and has expended approximately $700,000.00 enhancing its water delivery and distribution system including the placing of additional wells on line pursuant to the augmentation plan. The District has implemented enhanced ISDS water quality regulations to allow the existing augmented wells to continue their use. The District has expended approximately $30,416.00 during the diligence period for legal services in connection with the acquisition of the additional land and water rights involving Elk Lake and the protection of its augmentation plan and the priority of its exchange. WHEREFORE, Applicants pray for a Decree of the Water Court granting this Application for Reasonable Diligence and such other and further relief as the Court deems just and proper in the premises. 03CW410 Steven M. and Patricia L. Betz, 6022 WCR 52, Loveland, CO 80537. Application for Surface Water Rights, IN WELD COUNTY. Thornton Seepage Ditch Extension, located in the N1/2 NW1/4, S31, T5N, R67W of the 6th P.M., 2550’ from the N and 4780’ from the E section line Source: seepage water Date of appropriation: 12/1903 Amount claimed: 2 cfs Use: Irrigation of 70 acres (3 pages)

03CW 411 (96CW1173, 87CW297). APPLICATION FOR FINDING OF REASONABLE DILIGENCE CONCERNING THE CONDITIONAL WATER RIGHTS OF WILLIAM J. HOGAN, JOANN SHARP, AND JOHN C. HOGAN, IN JEFFERSON COUNTY. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, 901 9th Avenue, Room 418, Greeley, CO 80631. 1. Name, address and telephone number of applicants: William J. Hogan, JoAnn Sharp, and John C. Hogan (“Applicants”), c/o William J. Hogan, 11919 State Highway 93, Boulder, Colorado 80303. Remarks: Ownership of the water rights at issue in this case have changed since originally decreed. Applicants represent the current owners of said rights. Copies of all pleadings to: Steven J. Bushong, Jason R. Dunn, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 2. Name of structures: A. Hogan Ditch No. 2. B. Hogan Reservoir No. 2. 3. Description of conditional water rights: A. Original decree: Decree of the Water Court, Water Division No. 1, in Case No. 87CW297, dated December 13, 1990. B. Decreed location of structures: (1) Hogan Ditch No. 2: The point of diversion for Hogan Ditch No. 2 is located in the E1/2 of the SW1/4, Section 5, Township 2 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point approximately 1,475 feet from the south line and 1,630 feet from the west line of said Section 5. From this point, Hogan Ditch No. 2 heads northeast and terminates at Hogan Reservoir No. 2. Hogan Ditch No. 2 is used to fill Hogan Reservoir No. 2. (2) Hogan Reservoir No. 2: Hogan Reservoir No. 2 is located in a portion of the NW1/4 of the SE1/4, and the NE1/4 of the SW1/4, both in Section 5, Township 2 South, Range 70 West, 6th P.M., Jefferson County, Colorado. C. Source of water: (1) Hogan Ditch No. 2: A spring located at the point of diversion for Hogan Ditch No. 2, tributary to Coal Creek, tributary to the South Platte River. (2) Hogan Reservoir No. 2: Hogan Ditch No. 2. D. Appropriation dates (both structures): June 1, 1938 (for irrigation, livestock and domestic purposes); December 1, 1985 (for municipal, commercial, industrial, exchange, replacement, augmentation and related beneficial uses). E. Amount of water: (1) Hogan Ditch No. 2: 70 gpm (0.156 cfs). (2) Hogan Reservoir No. 2: 12 acre feet, with the right to fill and refill repeatedly at a filling rate of 0.156 cfs. F. Use (both structures): In Case No. 87CW297, the structures were originally decreed absolute for irrigation, livestock and domestic purposes; and conditional for municipal, commercial, industrial, exchange, replacement, augmentation and related beneficial uses. In Case No. 96CW1173, commercial and industrial uses were made fully absolute and a finding of reasonable diligence was made for the municipal, exchange, replacement, augmentation and related beneficial uses. 4. Detailed outline of work done to complete the project and apply water to beneficial use: Applicants have an integrated water supply system consisting of the Hogan Ditch No. 2, Hogan Reservoir, Hogan Reservoir No. 2 and Hogan Well No. 2 water rights and structures, as well as a metered pipeline and various other appurtenant structures. Pursuant to a Water Supply and Sale Agreement between Applicant and TXI Western Aggregate, Inc. (“TXI”), Applicants’ water supply system is being used to divert, store and then transport the subject water rights, among others, to the TXI facility located at 11728 Highway 93, Boulder, Colorado 80303, where such water is used for commercial and industrial purposes by TXI, in addition to ongoing uses on the Applicants’ ranch. In order to ensure that the subject water rights and their appurtenant structures can be used for their conditional purposes upon the expiration of the Water Supply and Lease Agreement described above, Applicants have, during the past six years, expended significant time and money completing necessary work, including: (A) installing a new gate valve on Hogan Ditch No. 2 to allow the contemplated uses; (B) installing rip-rap on Hogan Reservoir No. 2 to prevent erosion and allow full storage; (C) cleaning Hogan Ditch No. 2 to allow full diversions; and (D) improving and maintaining the water supply infrastructure and roads necessary to access said infrastructure, both on Applicants’ property and at TXI. WHEREFORE, Applicants request that the Court enter a finding of reasonable diligence with respect to Hogan Ditch No. 2 and Hogan Reservoir No. 2 for municipal, exchange, replacement, augmentation and related beneficial uses. 03CW412, Poudre School District R-1, c/o William Franzen, 2413 LaPorte Avenue, Fort Collins, CO 80521, (970) 490-3527. APPLICATION FOR WATER STORAGE RIGHT AND FOR WATER RIGHT (Surface – Direct Flow), IN LARIMER COUNTY. Please send all further correspondence and pleadings to William R. Fischer, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80521. CLAIM NO. 1: Application for Water Storage Right. Name of Reservoir: Poudre High School Storage Pond. Legal description: The Poudre High School Storage Pond is located in the South 1/2 of Section 9, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado. The outlet for the Poudre High School Storage Pond is located in the NW ¼ of the SE ¼ of Section 9, Township 7 North, Range 69 West of the 6th P.M. in Larimer County, Colorado. Source: Believed to be an unnamed tributary of the Cache La Poudre River, tributary to the South Platte River. Date of appropriation: September 1, 1963. How appropriation was initiated: Diversion, storage and beneficial use. Date water applied to beneficial use: September 1, 1963. Amount claimed: 51 acre feet –absolute. The reservoir has a capacity of 2.7 acre

feet. On an annual basis, Applicant claims the right to fill and to successive refills until a total annual amount of 51 acre feet has been stored. Irrigation: Number of acres historically irrigated: 17. Total number of acres proposed to be irrigated: 17. Legal description of acreage irrigated or to be irrigated: Seventeen acres of turf grass and landscaping around and near Poudre High School and in, on, around and near its athletic facilities. The turf grass and landscaping irrigated is located in the South 1/2 of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado. If non-irrigation, describe purpose fully: Recreation, piscatorial, wildlife. Surface area of high water line: Approximately 0.27 acres. Total capacity of reservoir in acre feet: 2.7 acre feet. Active capacity: 2.2 acre feet. Dead storage: approximately 0.5 acre feet. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant owns all applicable lands. CLAIM NO. 2: Application for Water Right (Surface -- Direct Flow). Name of Structure: Poudre High School Diversion Structure. Legal description of location of the point of diversion: The Poudre High School Diversion Structure is located in the NW ¼ of the SE ¼ of Section 9, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado. Source: Believed to be an unnamed tributary of the Cache La Poudre River, tributary to the South Platte River. Date of appropriation: September 1, 1963. How appropriation was initiated: Diversion and beneficial use. Date water applied to beneficial use: September 1, 1963. Amount claimed: 0.947 c.f.s. (being 425 g.p.m.) –absolute. Use: Irrigation If irrigation, complete the following: Number of acres historically irrigated: 17. Total number of acres proposed to be irrigated: 17. Legal description of acreage irrigated or to be irrigated: Seventeen acres of turf grass and landscaping around and near Poudre High School and in, on, around and near its athletic facilities. The turf grass and landscaping irrigated is located in the South 1/2 of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant owns all applicable lands. Remarks pertaining to Claim No. 1 and Claim No. 2: The Poudre High School Storage Pond (the “Pond”) is an existing reservoir. The Poudre High School Diversion Structure (the “Diversion Structure”) is an existing structure and is located on, in or near the Pond. The Diversion Structure consists of a pump house, several alternating pumps and related facilities and appurtenances. An intake pipeline extends from the Diversion Structure into the Pond. A copy of an aerial photograph that shows the location of the pump house is attached hereto as Exhibit 1. Waters enter the Pond and can either be stored in the Pond and subsequently diverted by the Diversion Structure for irrigation, or diverted directly (without being stored) by the Diversion Structure for irrigation. The Pond and the Diversion Structure have existed and have been used since Poudre High School was completed in 1963. The Applicant requests that absolute rights be awarded herein; Applicant requests, in the alternative, the entry of a conditional decree as to all or any portion of the above amounts not deemed absolute. The street address of Poudre High School is 201 South Impala Drive, Fort Collins, Colorado. 03CW413 William M. Eaton and Sue Lynn Eaton, 10100 N.C.R. #3, Wellington, CO 80549. APPLICATION FOR UNDERGROUND WATER RIGHT, IN LARIMER COUNTY. Eaton Exempt Well, Permit No. 249209. Legal description of well: SW 1/4 of the NW ¼ of Section 24 Township 9 North, Range 68 West of the 6th P.M. in Larimer County a distance of 1,967 feet from the north section line and 1,170 feet from the west section line. Source: Ground water tributary to the Cache La Poudre River, which is tributary to the South Platte River. Date of appropriation: May 16, 2003. How appropriation was initiated: Diversion and beneficial use. Date water applied to beneficial use: May 16, 2003. Amount claimed: Not to exceed 15 gpm absolute. Use: Fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. Name(s) and address(es) of owner(s) upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: William M. Eaton and Sue Lynn Eaton, 10100 N.C.R. #3, Wellington, CO 80549. Remarks: Applicant seeks to have said well adjudicated as exempt pursuant to C.R.S. 37-92-602. 03CW414 The City of Aurora, Colorado, a municipal corporation of the Counties of Adams, Arapahoe and Douglas acting by and through its Utility Enterprise (“Aurora”) 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555 Telephone: 303-739-7370 (John M. Dingess, Esq. Duncan, Ostrander and Dingess, 4600 S. Ulster St., Suite 1111, Denver, CO 80237-2875) and Aggregate Industries, - WCR, Inc., a Colorado corporation (“AI”) 1707 Cole Boulevard, Suite 100 Golden, Colorado 80401 Telephone: 303-744-2378 (Timothy J. Flanagan, Esq., Fowler, Schimberg & Flanagan, P.C., 1640 Grant St., Suite 300, Denver, CO 80203). Application for Conditional Water Rights, IN ADAMS, ARAPHOE, AND DOUGLAS COUNTIES.

Applicants seek conditional water rights and conditional storage rights in the Aurora Lake Clare South Platte Storage Facility. Water diverted and stored pursuant to the requested rights will be used in and for the benefit of Aurora’s municipal water supply and water reuse systems.

II. Name of Structure:

The Aurora Lake Clare South Platte Storage Facility. This facility will be composed of one or more interconnected lined water storage subunits all located “off-channel” but in the vicinity of the South Platte River. Construction of all of the lined water storage subunits of the facilities may not be completed at the same time. Each lined water storage subunit of the facility is hereinafter referred to as a “Subunit” or “Parcel.” Depending on site and construction considerations certain Subunits and Parcels may be combined.

III. Legal Description of Structures:

A. Location of the Aurora Lake Clare South Platte Storage Facility:

This structure will be composed of one or more interconnected, lined storage subunits located in parts of § 1, T1S, R67W, 6th PM. Without limiting the forgoing, Applicants currently anticipate that the storage subunits will be constructed on the Parcels (separately or in combinations) more fully described in the following Exhibits attached to the Application and incorporated herein as if fully set forth.

Parcel I (Haake Parcel) that is more fully described in the attached Exhibit A. Parcel II (Leon Parcel) that is more fully described in the attached Exhibit B. Parcel III (Mallory Parcel) that is more fully described in the attached Exhibit C. Parcel IV (Koelkophcorn Parcel and Morrison Parcel) that are more fully described in the attached Exhibit D. Parcel V (Getz Parcel) that is more fully described in the attached Exhibit E.

In addition, Aurora has an exclusive option to purchase within the next ten years the following Parcels more fully described in the following Exhibits and incorporated herein as if fully set forth. Subunits constructed on these parcels will be interconnected with, and constitute a part of, the Aurora Lake Clare South Platte Storage Facility:

Parcel VI (Sayers Parcel) that is more fully described in the attached Exhibit F.

Parcel VII (Hood Parcel) that is more fully described in the attached Exhibit G.

Parcel VIII (Tucson Resources Parcel) that is more fully described in the attached Exhibit H. The option to purchase Parcel VIII is contingent upon the City of Thornton not exercising its previous option.

Parcel IX (Mars Parcel) that is more fully described in the attached Exhibit I.

B. Location of Points of Diversion from the South Platte River:

Brighton Ditch: The headgate of the Brighton Ditch on the west bank of the South Platte River in the SE¼ SE¼, § 11, T1S, R67W, 6th P.M. in Adams County, at a point approximately 780 feet north and 1,120 feet west of the SE corner of said § 11.

Aurora South Platte Diversion: A diversion point on the South Platte River 200 feet south of the North section line in § 12, T1S, R67W, 6th P.M. in Adams County.

Brantner Ditch: The headgate of the Brantner Ditch on the north bank of the South Platte River in the NE

¼ SW ¼, § 4, T2S, R67W, 6th P.M., Adams County at a point approximately 2,721 feet south and 2,140 feet east of the NW corner of § 4.

IV. Source:

The source is the South Platte River and tributaries thereto upstream of the respective points of diversion.

The above described Aurora Lake Clare South Platte Storage Facility will be used as an internal element of the Aurora’s municipal water supply system. Although no right therefore is requested in this action, in addition to the conditional appropriation claimed herein Aurora may use this Facility to recapture and store any of its reusable water originally diverted in Water Divisions 1, 2 and 5 and fully consumable groundwater withdrawn from the Denver Basin aquifers, the return flow from which accrue to the South Platte River, to the extent Aurora maintains dominion and control over such water. Said reusable water includes, but is not limited to, reclaimed wastewater and lawn irrigation return flows.

V. Appropriation Information:

A. Date of Appropriation: The Applicants seek an appropriation date for the conditional rights herein requested of December 8, 2003.

B. How Appropriation Was Initiated: By the overt acts of: (1) Aurora’s approval of a Purchase and Sale Agreement with AI on July 21, 2003 concerning the development of the Aurora Lake Clare South Platte Storage Facility; (2) developing and filing this Application; (3) the posting of signs and preliminary location activities upon the land commencing on December 8, 2003; (4) performing engineering analyses of unappropriated water available for diversion by the rights claimed in this Application and related issues; and, (5), Aurora City Council approval of a Resolution on December 8, 2003 authorizing initiation and prosecution of the necessary legal proceedings, which Resolution further evinces the City’s intent to act by and through its utility enterprise to make the appropriations listed herein.

C. Date Water Applied to Beneficial Use: Not applicable to the conditional water rights requested.

VI. Amount of Water Claimed:

The Aurora Lake Clare South Platte Storage Facility with a capacity of 15,000 acre-feet, Conditional, to be continuously filled and refilled as necessary for the Facility’s operation at the following flow rates:

Brantner Ditch: 110 c.f.s. Conditional Brighton Ditch: 60 c.f.s. Conditional Aurora South Platte Diversion: 300 c.f.s. Conditional

VII. Proposed Uses:

Water derived from the requested rights will be used by Aurora within any area capable of being served by these diversion and storage points and the Aurora municipal water supply for any water supply obligations of Aurora for municipal and domestic purposes including, but not limited to, fire protection, irrigation of lawns, gardens, parks, private and municipal facilities, sanitary, commercial, manufacturing, mechanical and industrial use,

recreational purposes, creation and maintenance of wetlands, stock watering, fish and wildlife propagation, allowable instream uses, if any, snowmaking, revegetation, storage and maintenance of storage reserves, reservoir evaporation replacement, augmentation, exchange and replacement purposes, for use, reuse for successive uses, disposition following initial use, and reuse until extinction.

VIII. General Description of Place of Use:

The water derived from the requested rights will be used in Aurora’s current and future service areas served by its municipal water supply and water reuse systems and any area capable of being served by these diversion and storage points and the Aurora municipal water supply for any water supply obligations of Aurora. Water diverted at the requested points of diversion and water stored in the requested point storage of will be transported to Aurora via pipeline for those uses that arise within Aurora. Currently, Aurora is located in T 2 & 3 S, R 64, 65, 66 & 67 W, 6th P.M. in Adams County; T 4 & 5 S, R 65, 66 & 67 W, 6th P.M. in Arapahoe County; and, T 6 S, R 65 & 66 W, 6th P.M. in Douglas County.

IX. Facility Description:

A. Surface area of the lined Aurora Lake Clare South Platte Storage Facility Subunits at high water line: The final surface areas are not yet known. All subunits are expected to qualify as non-jurisdictional dams.

B. Maximum height of the Aurora Lake Clare South Platte Storage Facility Subunits in feet: The final heights are not yet known. All subunits are expected to qualify as non-jurisdictional dams.

C. Depth of the Aurora Lake Clare South Platte Storage Facility Subunits: The maximum depth of the Subunits are not yet known but are anticipated to be 40 feet or less.

X. Facility Capacity:

A. Capacity of Storage Facility in acre-feet: 15,000, total for all Subunits.

B. Active Capacity in acre-feet: approximately 15,000.

C. Dead Storage in acre-feet: approximately 0.

XI. Name and Address of Owner of Land on which Structure for the Water Right is Located:

A. The Applicants own, or prior to construction, will own the property on which each of the lined Aurora Lake Clare South Platte Storage Facility Subunits will be located. At present, in addition to the Applicants, the following parties own portions of the land: Thomas Z. And Elsie J. Mars, 3400 East 56th Avenue, Commerce City, Colorado 80022-3620; Kenneth L. and Virginia R. Sayers, 16529 Tucson Street, Brighton, Colorado 80602; and, Bessie B. Hood, 12502 East 168th Avenue Brighton, Colorado 80602.

B. The Aurora South Platte Diversion location is owned by the City of Brighton, 22 South Fourth Avenue, Brighton, Colorado 80601

C. The Brighton Ditch is owned by the Brighton Ditch Company, Don Rosenbrock, 3286 WCR 23, Fort Lupton, Colorado 80621.

D. The Brantner Ditch is owned by the Brantner Ditch Company, Alvin Dechant, President, 4936 WCR 23, Ft. Lupton, Colorado 80621.

XI. Remarks:

A. Attached is a General Location Map. (Exhibit J).

B. It is anticipated that prior to commencement of mining activities in each Subunit, a slurry wall will be constructed in accordance with the State Engineer’s standards for gravel pit liners. In the event the slurry wall is not in place prior to mining of a given Subunit, exposed groundwater will be immediately pumped to the South Platte River and/or a substitute water supply plan to replace evaporative depletions caused thereby will be put in place. No mining or excavation activities have yet occurred at the above described locations. Therefore, no attempt to comply with Senate Bill 120 has occurred since no groundwater has been exposed by mining activities at these locations.

C. The Applicants do not intend to convey water through either the Brighton Ditch or the Brantner Ditch or use the property of others until they have acquired appropriate rights for such use.

D. The rights requested in this Application are needed to serve Aurora’s present and future growing demand, to facilitate the maximum utilization of its water resources portfolio, to further advance its already diligent efforts and continued pursuit of water reuse and to further implement reuse of its water to enlarge and enhance its water supply system. Aurora reasonably believes that it has such needs and is committed to developing the entire amount of each conditional right requested herein. By undertaking planning, engineering, legal efforts, construction and other activities that become necessary and apparent, Aurora can and will be able to diligently complete the conditional appropriations requested herein within a reasonable time and be able to apply to beneficial use the full amount of the conditional appropriations requested herein. Aurora has the requisite intention and necessary financial capacity to complete the tasks necessary to divert, capture, exchange, possess, control and beneficially use the rights herein requested.

E. Pipeline routes are subject to change, as the Project is developed to reflect refinements in design and to accommodate technical, economic and other considerations

so as to allow for efficient and reliable development of this infrastructure.

XII. Prayers For Relief:

A. The Applicants request this Court grant a Decree granting the rights requested herein.

B. The Applicants request this Court grant a priority date regarding the rights requested herein of December 8, 2003 and an adjudication date relating back to the filing of this Application.

C. The Applicants further requests this Court also grant such additional relief as it deems necessary and appropriate to further the purposes of the rights requested herein.

03CW415 The City of Aurora, Colorado, a municipal corporation of the Counties of Adams, Arapahoe and Douglas acting by and through its Utility Enterprise (“Aurora”) 15151 East Alameda Parkway, Suite 3600 Aurora, Colorado 80012-1555 Telephone: 303-739-7370 (John M. Dingess, Esq. Duncan, Ostrander and Dingess, 4600 S. Ulster St., Suite 1111, Denver, CO 80237-2875) Application for Conditional Water Rights, IN ADAMS, ARAPHOE, DOUGLAS AND WELD COUNTIES.

Applicant seeks conditional water rights and conditional storage rights for the water to be diverted in Aurora Reservoir, Quincy Reservoir, in Platte Valley Reservoir, and in a reservoir to be located east of Aurora Reservoir (hereinafter referred to as “East Reservoir”) as part of the Aurora Lower South Platte Water Supply Project (“Project”). Aurora’s Lake Clare South Platte Storage Facility, for which a separate application is being filed concurrently, is also a part of the Project. The water rights described in this Application are also part of the Project development. Water diverted and stored pursuant to the requested rights will be used in and for the benefit of Aurora’s municipal water supply and water reuse systems.

I. Name of Structures:

A. Aurora Reservoir (aka Senac Reservoir)

B. Quincy Reservoir

C. Platte Valley Reservoir

D. East Reservoir.

II. Legal description of structures:

A. Location of Aurora Reservoir: The Aurora Reservoir is an off-channel reservoir located upon

Senac Creek, an intermittent stream, in §§ 15, 16, 20, 21 & 22, T5S, R65W, 6th P.M., Arapahoe County, Colorado. The outlet works is located 1900 feet south, 52° west of the NE corner of § 16, T5S, R65W, 6th P.M., Arapahoe County, Colorado.

B. Location of Quincy Reservoir: In the following portions of §§ 9 & 10, T5S, R66W, 6th P.M. (within the 18300 Block of Quincy Avenue in Aurora, Colorado): The NE¼, E½ NW¼, & N½ SE¼ of § 9, and the S½ NW¼, & N½ SW¼, of § 10. The approximate latitude of the outlet works is 39° 38' 13" N and the approximate longitude is 104° 46' 53" W. This reservoir is an off-channel reservoir.

C. Location of the Platte Valley Reservoir: In § 9, T3N, R66W, 6th P.M. in Weld County, Colorado. This will be an off-channel reservoir.

D. Location of East Reservoir: The reservoir will be located in one of the following locations:

i. Site 1: In §§ 14 & 23, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. This will be an off-channel reservoir.

ii. Site 2:

a) In §§ 4 & 5, T5S, R64W, 6th P.M., or

b) in the S½ § 26 and parts of §§35 & 36, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. This will be an off-channel reservoir.

iii. Site 3:

a) In §§ 26, 27, 28, 33, 34, & 35, T5S, R65W, 6th P.M., or

b) in the E½ of §§15 & 22, also §§14, 23 & 26, T5S, R65W, 6th P.M. in Arapahoe County, Colorado. This will be an off-channel reservoir.

E. Location of Points of Diversion from the South Platte River:

i. Brighton Ditch: The headgate of the Brighton Ditch on the west bank of the South Platte River in the SE¼ SE¼, § 11, T1S, R67W, 6th P.M. in Adams County, at a point approximately 780 feet north and 1,120 feet west of the SE corner of said § 11.

ii. Brantner Ditch: The headgate of the Brantner Ditch on the north bank of the South Platte River in the NE¼ SW¼, § 4, T2S, R67W, 6th P.M., Adams County at a point approximately 2,721 feet south and 2,140 feet east of the NW corner of § 4.

iii. Fulton Irrigation Ditch: The headgate of the Fulton Ditch, on the east bank of the South Platte River in the NE ¼ SE ¼, § 17, T2S, R67W, 6th P.M., Adams County, at a point approximately 2,815 feet South and 145 feet West of the Northeast corner of said § 17.

iv. Aurora South Platte Diversion: A diversion point on the South Platte River 200 feet south of the North section line in § 12, T1S, R67W, 6th P.M. in Adams County.

v. Platte Valley Canal: The headgate of the Platte Valley Canal is in the SE¼ NW¼ NE¼ of § 19, T2N, R66W, 6th PM, Weld County, Colorado on the east bank of the South Platte River.

III. Source:

The source is the South Platte River and tributaries thereto upstream from the respective points of diversion. Water will be diverted directly from the South Platte River and through the Brighton, the Brantner, the Aurora South Platte Diversion, the Platte Valley Canal, and the Fulton Ditches. Pipelines will then move the water to the reservoirs. This water will be stored in Aurora Reservoir, Quincy Reservoir, the Platte Valley Reservoir and/or the East Reservoir and will be diverted either under the conditional right requested in this Application or as otherwise described in this Application. There may be piping between the reservoirs. The reservoirs will be used as an internal element of Aurora’s municipal water supply and water reuse systems. Although no right therefore is requested in this action, in addition to the conditional appropriation claimed herein Aurora may use these reservoirs to recapture and store any of its reusable water originally diverted in Water Divisions 1, 2 and 5 and fully consumable groundwater withdrawn from the Denver Basin aquifers, the return flow

from which accrue to the South Platte River, to the extent Aurora maintains dominion and control over such water. Said reusable water includes, but is not limited to, reclaimed wastewater and lawn irrigation return flows.

IV. Appropriation Information:

A. Date of Appropriation: The Applicant seeks an appropriation date for the conditional rights herein requested of December 8, 2003.

B. How Appropriation Was Initiated: By the overt acts of: (1) the Applicant developing and filing this Application; (2) the posting of signs and preliminary location activities upon the land commencing on December 8 2003; (3) by performing engineering analyses of the unappropriated water available for diversion by the rights claimed in this Application and related issues; and (4) by Aurora City Council approval of a Resolution on December 8, 2003 authorizing initiation and prosecution of the necessary legal proceedings, which Resolution further evinces the City’s intent to act by and through its utility enterprise to make the appropriations listed herein.

C. Date Water Applied to Beneficial Use: Not applicable to the conditional water rights requested.

V. Amount of Water Claimed:

Aurora Reservoir with a capacity of 32,129 acre-feet (Conditional), Quincy Reservoir with a capacity of

2,693 acre-feet (Conditional), the Platte Valley Reservoir with a capacity of approximately 1,000 acre-feet (Conditional), and the East Reservoir with a capacity of approximately 15, 000 acre-feet (Conditional), to be continuously filled and refilled as necessary for the Project’s operation at the following flow rates.

Brantner Ditch: 110 c.f.s. Conditional Brighton Ditch: 60 c.f.s. Conditional Aurora South Platte Diversion 300 c.f.s. Conditional Fulton Ditch: 200 c.f.s. Conditional Platte Valley Canal 150 c.f.s. Conditional VI. Proposed Uses:

Water derived from the requested rights will be used by Aurora within any area capable of being served by these diversion and storage points and the Aurora municipal water supply for any water supply obligations of Aurora for municipal and domestic purposes including, but not limited to, fire protection, irrigation of lawns, gardens, parks, private and municipal facilities, sanitary, commercial, manufacturing, mechanical and industrial use, recreational purposes, creation and maintenance of wetlands, stock watering, fish and wildlife propagation, allowable instream uses, if any, snowmaking, revegetation, storage and maintenance of storage reserves, reservoir evaporation replacement, augmentation, exchange and replacement purposes, for use, reuse for successive uses, disposition following initial use, and reuse until extinction.

VII. General Description of Place of Use:

The water derived from the requested rights will be used in Aurora’s current and future service areas served by its municipal water supply and water reuse systems and any area capable of being served by these diversion and storage points and the Aurora municipal water supply for any water supply obligations of Aurora. Water diverted at the requested points of diversion and water stored in the requested points storage of will be transported to Aurora via pipeline for those uses that arise within Aurora. Currently Aurora is located in T 2 & 3 S, R 64, 65, 66 & 67 W, 6th P.M. in Adams County; T 4 & 5 S, R 65, 66 & 67 W, 6th P.M. in Arapahoe County; and, T 6 S, R 65 & 66 W, 6th P.M. in Douglas County.

VIII. Facility Description:

A. Surface area at high water line:

i. Surface area of Aurora Reservoir at high water line is 820 acres.

ii. Surface area of Quincy Reservoir at high water line is 155 acres.

iii. Surface area of the Platte Valley Reservoir at high water line is 100 acres.

iv. Surface area of the East Reservoir at high water line. The final surface area is not yet known.

B. Maximum dam height:

i. Maximum height of Aurora Reservoir in feet is 131.

ii. Maximum height of Quincy Reservoir in feet is 70.

iii. Maximum height of the Platte Valley Reservoir in feet is 9.9.

iv. Maximum height of the East Reservoir. The final height is not yet known.

C. Length of Dam:

i. Length of Aurora Reservoir Dam is 8,400 feet.

ii. Length of Quincy Reservoir Dam is 2,432 feet.

iii. Length of the Platte Valley Reservoir Dam is 660 feet.

iv. Length of the East Reservoir Dam: The final length is not yet known.

IX. Capacity of the Reservoirs:

A. Capacity of the reservoirs:

i. Capacity of Aurora Reservoir in acre-feet: 32,129.

1. Active Capacity in acre-feet: approximately 31,679.

2. Dead Storage in acre-feet: approximately 450.

ii. Capacity of Quincy Reservoir in acre-feet: 2,693.

1. Active Capacity in acre-feet: approximately 2,693.

2. Dead Storage in acre-feet: approximately 0.

iii. Capacity of Platte Valley Reservoir in acre-feet:

1. Active Capacity in acre-feet: approximately 1000.

2. Dead Storage in acre-fee: approximately 0.

iv. Capacity of the East Reservoir in acre-feet: 15,000.

1. Active Capacity in acre-feet: approximately 15,000.

2. Dead Storage in acre-feet: approximately 0.

X. Name and Address of Owner of Land on which Structure for the Water Right is Located:

A. The Applicant owns, or prior to construction, will own the right to be on the property on which each of the facilities are or will be located. At present, in addition to the Applicant, the following parties own the land:

i. Aurora South Platte Diversion location is owned by the City of Brighton, 22 South

Fourth Avenue, Brighton. Colorado 80601.

ii. The Brighton Ditch is owned by the Brighton Ditch Company, c/o Don Rosenbrock,

Secretary, 3286 WCR 23, Fort Lupton, Colorado 80621.

iii. The Brantner Ditch is owned by the Brantner Ditch Company, c/o Alvin Dechant,

President, 4936 WCR 23, Ft. Lupton, Colorado 80621.

iv. The Fulton Ditch is owned by Fulton Irrigating Ditch Co., c/o 25 South Fourth

Street, Brighton, Colorado 80601.

v. Platte Valley Irrigation Company owns the Platte Valley Canal. Farmers Reservoir

and Irrigation Company owns an interest in the Canal, c/o Kim Lawrence, Esq. Lind,

Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, Colorado 80631.

vi. Platte Valley Reservoir location is owned by Charles T. Anderson, 14900 WCR 36m

Platteville, Colorado 80651.

vii. The East Reservoir sites are owned by the parties listed on Exhibit B attached hereto.

XI. Remarks:

A. Attached is a General Location Map. (Exhibit A).

B. The Applicants do not intend to convey water through the Brighton Ditch, the Brantner Ditch, the Fulton Ditch, or the Platte Valley Canal or the property of others until they have obtained appropriate rights to do so.

C. The Project will provide Aurora with necessary safety and redundancy for its municipal water supply system.

D. The rights requested in this Application are needed to serve Aurora’s present and future growing demand, to facilitate the maximum utilization of its water resources portfolio, to further advance its already diligent efforts and continued pursuit of water reuse and to further implement reuse of its water to enlarge and enhance its water supply system. Aurora reasonably believes that it has such needs and is committed to developing the entire amount of each conditional rights requested herein. By undertaking planning, engineering, legal efforts, construction and other activities that become necessary and apparent, Aurora can and will be able to diligently complete the conditional appropriations requested herein within a reasonable time and be able to apply to beneficial use the full amount of the conditional appropriations requested herein. Aurora has the requisite intention and necessary financial capacity to complete the tasks necessary to divert, capture, exchange, possess, control and beneficially use the rights herein requested.

E. Pipeline routes are subject to change, as the Project is developed to reflect refinements in design and to accommodate technical, economic and other considerations so as to allow for efficient and reliable development of this infrastructure.

XII. Prayers For Relief:

A. The Applicant requests this Court grant a Decree granting the rights requested herein.

B. The Applicant requests this Court grant a priority date regarding the rights requested herein of December 8, 2003 and an adjudication date relating back to the filing of this Application.

C. The Applicant further requests this Court also grant such additional relief as it deems necessary and appropriate to further the purposes of the rights requested herein.

EXHIBIT B Owners of the East Reservoir sites.

Lester Gold and Richard L. Helmick, Trustee and R.E. & Selda J. Neher 7400 E. Crestline Circle, Suite 250 Greenwood Village, Colorado 80111-3655 Brennan Dewitt & Billie Marie 3131 E. Alameda Avenue, Unit 501 Denver, Colorado 80209-3411 Albert F. Grimm 30075 E. Jewell Avenue Watkins, Colorado 80137-8632 Glenn O. Fennell 205 Waring Avenue Riverside, California 92507-1158 Lois D. Pence 856 S. Washington Street Denver, Colorado 80209 Victor D. L’Esperance

228 W. Bonita Avenue Claremont, California 91711 US Department of Transportation 1601 Lind Avenue SW Renton, Washington 98055-4056 RRR & S Company, a Colorado Co. Partnership 17200 Ten Mile 120 East Detroit, Michigan 48021 OEA, Inc., a Delaware Corporation 34501 E. Quincy Avenue Watkins, Colorado 80137-9302 Daniel P. and Sandy Moore 29709 E. Yale Avenue Watkins, Colorado 80137 Joseph E. & Lavera M. Delaney 29801 E. Yale Avenue Watkins, Colorado 80137-8624 Robert C. Roeder 59 N. Watkins Road Watkins, Colorado 80137-8702 Milton L. and Erika S. Hunholz 30505 E. Yale Avenue Watkins, Colorado 80137-8624 Billy G. and Imogene Michel 40200 E. Alameda Avenue Bennett, Colorado 80102-8700 John and Grant Segelke 1720 S. Bellaire Street, Suite 300 Denver, Colorado 80222-4316 State of Colorado Board of Land Commissioners 1313 Sherman Street Denver, Colorado 80203-2236 Rangeview Metropolitan District, a quasi-municipal corporation 141 Union Boulevard, Suite 150 Lakewood, Colorado 80228 ACJ Partnership Alpert Corporation 4643 S. Ulster Street, Suite 1490 Denver, Colorado 80237-2869 Heartland Colorado LLC c/o U.S. Home Corporation 6000 Greenwood Plaza Blvd., Suite 2

Englewood, Colorado 80111-4816 03CW416 Wright Investment Group, Inc., P.O. Box 887, Ft. Lupton, CO 80621 (Kelly J. Custer, Lind, Lawrence & Ottenhoff LLP, 1011 11th Avenue, Greeley, Colorado 80631) Application for Underground Water Right, IN WELD COUNTY. 2. Name of well and permit, registration, or denial number: 03250-F, and pending application submitted in December, 2003. 3. Legal description of Well: NE¼ of the SE¼, Section 1, Township 1 North, Range 67 West of the 6th P.M., 2610 feet from the South section line, and 318 feet from the East section line. 4. A. Source: South Platte River alluvium. B. Depth: 40 feet. 5. A. Date of Appropriation: February 1, 1997. B. Date water applied to beneficial use: February 1, 1997. 6. Amount claimed: 500 gpm, absolute. 7. If well is non-tributary: N/A 8. Proposed use: A. If irrigation, complete the following: N/A. B. In non-irrigation, describe purpose fully: Industrial and commercial. 9. Name and address of owner of land where structure is or will be located: Applicant owns the land upon which the well is located. 10. Remarks: Well No. 03250-F was decreed in Case No. W-1893 Water Division No. 1, January 31, 1977, and Case No. 81CW192, Water Division No. 1, December 2, 1981, for 0.79 cfs and 30 acre-feet per year for industrial use. The well was augmented by GASP until 2003, when it was covered by the substitute water supply plan for the South Platte Well Users Association. The well has been accepted into the new Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, for up to 252 acre-feet per year. This application is for a new water right for the additional pumping over 0.79 cfs and 30 acre-feet per year. 03CW417 VALLEY HI LOT OWNERS, BEING PHIL AND LYDIA KRIEN, ET AL., APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 1. Names, Addresses, and Telephone Numbers of Applicants: Valley Hi Lot Owners, being Phil and Lydia Krien, et al., c/o 5891 East Valley Hi Drive, Parker, Colorado 80138 (303) 841-4065 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202 (303) 534-0702). 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: Applicants are the owners of 18 residential lots located in Valley Hi Subdivision, which is located in part of the NE1/4 of Section 4, T6S, R66W of the 6th P.M., as shown on Attachment B hereto (Subject Property). Each lot is approximately 2 acres and the 18 lots are comprised of a total of approximately 36 acres. Applicants’ respective lots are more particularly described and shown on Attachments A and B hereto. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property at rates of flow which are necessary to withdraw the final decreed amount. Part of the Subject Property is located within a circle of prior appropriation associated with an existing Arapahoe aquifer well as permitted in Well Permit No. 16767-F. No water in the Arapahoe aquifer is requested for the part of the Subject Property located within this circle as shown on Attachment B. Applicants estimate that the amount of the Subject Property under which Arapahoe aquifer water is available is approximately 18 acres. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 6. 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. Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Arapahoe 238 feet 8.5 acre-feet Laramie-Fox Hills 219 feet 11.8 acre-feet

7. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below their respective lots, 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). 8. Proposed Use: The water will be used for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes. 9. 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. 10. 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. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained pursuant to §37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; and B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 03CW418 STEVEN A. BUDNACK APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicant: Steven A. Budnack, 7438 Centennial Drive, Parker, Colorado 80138 (303) 814-1932 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 26.2 acres of land, being Tracts C and D, Homestead Hills, Filing 3, as generally located in the NW1/4NE1/4 of Section 14, T6S, 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 subject aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), 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, Applicant estimates that the following annual amounts are representative of the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. The Denver aquifer requested herein will include water which is the subject of Well Permit No. 39743-F. Saturated Estimated Aquifer Thickness Annual Amount Lower Dawson 154 feet 8 acre-feet Denver 277 feet 12 acre-feet Arapahoe 264 feet 12 acre-feet Laramie-Fox Hills 210 feet 8 acre-feet 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein 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 for domestic, industrial, commercial, irrigation, livestock watering and 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 based on estimates of relative values for specific yield and saturated thicknesses, 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. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal, but that jurisdiction will be retained with respect to the average

annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 03CW419 JOHN AND CINDY BEAL, 254 Rd 114, POB 354, Bailey, CO 80421. Application for Surface Water Rights, IN PARK COUNTY. Tributaty to Holmes Gulch and South Platte River, located in the SE1/4 NW1/4, S13, T8S, R72W of the 6th P.M. Source: spring Appropriation date: 9/2001 Amount claimed: 0.5 cfs Use: Household. (2 pages + 4 pgs) 03CW420 TUCKER DAIRY, c/o Charles Tucker, 43550 Weld County Road 39, Pierce, Colorado 80650, (970) 834-2525. (James A. Gustafson, 1010 Ninth Avenue, P. O. Box 1417, Greeley, Colorado 80632, (970) 356-8200) Application For Change of Water Rights, Application For New Water Right and Approval of Plan For Augmentation, IN WELD COUNTY. 1.Name, mailing address, telephone number of applicant: Tucker Dairy, c/o Charles Tucker, 43550 Weld County Road 39, Pierce, Colorado 80650, (970) 834-2525. All future correspondence and pleadings to: James A. Gustafson, Esq., P. O. Box 1417, Greeley, Colorado 80632. 2. Purposes of Application: The purpose of this Application is: (a) To obtain a new water right for augmentation, replacement, exchange and/or recharge purposes; (b) To change the use of certain water rights that applicant owns, A. J. Eaton Flood Water, Ditch No. 2, or has the right to use, that are currently decreed for irrigation to allow said water to also be used for augmentation, replacement exchange, recharge and substitute water supply purposes, either directly or following storage; (c) To provide the ability to use recharge locations where water rights and the changed water rights can be delivered and used for recharge purposes; (d) To adjudicate a plan for augmentation that uses the net consumptive use of water associated with the water rights to be changed herein, as well as other water rights to which applicant is entitled, either on a direct flow or release from storage basis, to replace out-of-priority depletions associated with well pumping from wells described hereinafter and/or to replace historical return flows from the changed water rights or additional water rights, to the extent necessary to prevent legal injury to other water rights; (e) To provide for the permanent dry-up or temporary dry-up of irrigated ground of applicant if insufficient water is available. CLAIM NO. 1, CHANGE OF WATER RIGHTS. 1. Name of Water Rights For Which Change is Sought: (a) A. J. Eaton Flood Water Ditch No. 2. Applicant seeks to change 70 c.f.s. and 176 a.f. of Priority No. 48a4. (b) Existing Decree: A. J. Eaton Ditch No. 2, Priority 48a4, Case No. 2142. Adjudication date: 1/15/1914. Appropriation date: November 13, 1897. Amount: 70 c.f.s. for irrigation of 160 acres of land and when aided by A. J. Eaton Flood Water Ditch No. 1 for the supplemental supply for irrigation of 640 acres in Section 29, Township 8 North, Range 65 West of the 6th P.M. (c) Source: Cache La Poudre, Lone Tree Creek, South Platte River and tributaries. 2. Proposed Change: Applicant seeks to change the use of 70 c.f.s. of A. J. Eaton Flood Ditch No. 2 to include augmentation, replacement, exchange for use by applicant as provided herein, with the right to the totally consumable portion of the water, either by first use, successive use, or disposition. 3. Proposed Plan of Operation. This combined Application For Change of Water Right, For a Junior Water Right and Approval of a Plan For Augmentation will obtain the necessary Water Court approval for an integrated water supply plan which will provide a source of augmentation water for the three tributary wells listed herein. 4. The Name and Address of Owner of Structures: The headgate of the A. J. Eaton Flood Water Ditch No. 2 is located in Weld County on the east bank of Lone Tree Creek at a point 3,370 feet west of the east quarter corner of Section 29, Township 8 North, Range 65 West of the 6th P.M. Its general direction is easterly 3340 feet; thence south 2670 feet; where it joins the A. J. Eaton Flood Water Ditch No. 1. CLAIM NO. 2, APPLICATION FOR DIRECT FLOW AND STORAGE WATER RIGHTS. 1. Name of Structure: Lone Tree Creek. 2. Legal Description of Structure: The point of diversion on the Lone Tree Creek is the NW 1/4 NW 1/4 of Section 29, Township 8 North, Range 65 West of the 6th P.M., Weld County. 3. Source: Unappropriated water which is tributary to the Lone Tree Creek. 4. Date of Appropriation: December 29, 2003, by the filing of this Water Application. 5. How Appropriation Will Be Initiated: Tucker Dairy will divert unappropriated water and deliver it into retention ponds listed hereinafter when it is available. Retention Pond No. 1: NW 1/4 NW 1/4 of Sec. 29, Twp 8 N., Rng. 65 W. Retention Pond No. 2: NE 1/4 SW 1/4 of Sec. 29, Twp. 8 N., Rng. 65 W. 6. Amount Claimed: 70 c.f.s. with the right to store and recharge up to 4,000 acre feet per year. 7. Type of Use: Augmentation, replacement, exchange, irrigation, domestic, municipal, commercial industrial, fire protection, watering of livestock, recreational, piscatorial, wildlife propagation, and other uses approved by the Court. (a) Place of Use: Weld County and property of applicant consisting of 217 acres in Section 29, Township 8 N., Range 65 West of the 6th P.M. See Map A setting

forth the locations of the tributary wells, coffin wells, irrigated lands and two pumping stations and retention ponds for the A. J. Eaton Ditch rights. 8. Name and Address of Owner of Land on Which Water May be Stored and Used For Recharge and Augmentation: Tucker Dairy, c/o Charles Tucker, 43550 Weld County Road 29, Pierce, Colorado 80650. CLAIM NO. 3, APPLICATION FOR APPROVAL OF AUGMENTATION PLAN. 1. Name of Structures to Be Augmented: Three tributary wells owned by Tucker Dairy listed below: Well Permit No. 9126-F, located in the NE ½ NW 1/4 of Sec. 29, Twp. 8 N., Rng. 65 W., 6th P.M., which was decreed for 320 g.p.m. in Case No. W-1607. Well Permit No. 9126-F, located in the NE 1/4 NW 1/4 of Sec. 29, Twp. 8 N., Rng. 65 W., 6th P.M., which was decreed for 400 g.p.m. in Case No. W-1607. Well Permit No. 13064, located in the NE 1/4 NW 1/4 of Sec. 29, Twp. 8 N., Rng. 65 W., 6thP.M., which was decreed for 460 g.p.m. in Case No. W-1607. 2. Replacement Water Sources: (a) Recharge ponds listed below: Retention Pond No. 1: NW 1/4 NW 1/4 of Sec. 29, Twp. 8 N., Rng. 65 W., 6th P.M. Retention Pond No. 2: NE 1/4 SW 1/4 of Sec. 29, Twp. 8 N., Rng. 65 W., 6th P.M. (b) The development of recharge structures upon the property of applicant which are listed above. The recharge structures will provide a long term water replacement source for applicant. Applicant intends to utilize the recharge structures to the extent needed to augment average annual well depletion for its’ three tributary wells. The change of water rights and junior water rights applied for herein (and other water rights available) will be diverted through the Lone Tree Creek when it is not being used for irrigation purposes into recharge structures so it can be utilized for replacement and augmentation purposes to replace depletions caused by applicant’s three tributary wells. (c) Applicant will have the ability to bypass a portion of its’ A. J. Eaton Flood Ditch No. 2 water during periods of time when there is insufficient replacement waters available for its’ depletion if other augmentation sources are not available. (d) Applicant will agree that to the extent the forecasted depletions cannot be replaced by suitable augmentation sources that its’ well pumping may be curtailed to the extent necessary to prevent injury to other vested senior water rights. (e) To prevent injury to other water rights, and to prevent expanded use of the senior water rights, a portion of applicant’s farm ground may be permanently dried up or temporarily dried up on a seasonable basis whenever such bypass occurs. Return flow obligations for the change of water rights will be accounted for and replaced. 3. Groundwater depletions from applicant’s tributary wells will be determined in a manner that is acceptable to the Court. Applicant currently proposes to determine the groundwater depletions with an in-line totalizing flow meter, which will be installed on each of the tributary wells. Out-of-priority depletions to the Cache La Poudre River and South Platte River and their tributaries will be replaced at the appropriate time and locations. Tributary groundwater depletions caused by applicant’s tributary wells are estimated to result in historical annual average of 9.6 acre feet for the time period between 1974 through 2003. See Map A. 03CW421 North Weld County Water District (District), P. O. Box 56, Lucerne, Colorado 80646. (970) 356-3020 C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. Application for Change of Water Rights, Alternate Points of Diversion, Alternate Places of Storage and Exchange IN LARIMER AND WELD COUNTIES. CHANGE OF WATER RIGHTS 2. Decreed Name of Structure: The District owns 7.75 shares of the Water Supply and Storage Company (WSSC). 3. Previous Decrees: The decreed water rights of WSSC are as follows: Location Approp. Adjudication Judicial Name Amount Source Sec Twn Rge Date Date Proceeding Direct-Flow(Dist. 3) Larimer County 10.76 cfs CLP¹ SW SE SW 13-8N-70W 1862/03/01 1882/04/11 Case 320 Canal Transfer Larimer County 13.89 cfs CLP SW SE SW 13-8N-70W 1864/09/15 1882/04/11 Case 320 Canal Original Larimer County 2.00 cfs CLP SW SE SW 13-8N-70W 1868/03/15 1882/04/11 Case 320 Canal Original Larimer County 2.67 cfs CLP SW SE SW 13-8N-70W 1868/03/15 1882/04/11 Case 320 Canal Original

Larimer County 4.00 cfs CLP SW SE SW 13-8N-70W 1873/03/20 1882/04/11 Case 320 Canal Original Larimer County 7.23 cfs CLP SW SE SW 13-8N-70W 1878/04/01 1882/04/11 Case 320 Canal (Henry Original Smith) Larimer County 463.00cfs CLP SW SE SW 13-8N-70W 1881/04/25 1882/04/11 Case 320 Canal Original Larimer County 246.45 cfs CLP SW SE SW 13-8N-70W 1914/09/28 1945/12/18 Case 5362 Canal 84CW204 Storage (Dist. 3) Chambers Lake 3,080.0 AF Joe Wright NE NE SE 6-7N-75W 1882/07/12 1886/10/12 Case 320 Reservoir Creek, Fall River Original Creek and Trap Creek WSSC Res. No. 2,3 689.0 AF CLP NE SE SW 14-8N-69W 1882/10/01 1904/12/09 Case 1591 WSSC Res. No. 4 574.0 AF WSSC Res SE NE SW 23-8N-69W 1882/10/01 1904/12/09 Case 1591 No. 2,3 Original WSSC Res. No. 1 4,726.0 AF CLP SW SE SW 11-8N-69W 1891/09/01 1904/12/09 Case 1591 (Rocky Ridge) Original WSSC Res. No. 5 4,037.0 AF CLP SW SE NW 31-8N-68W 1891/09/01 1904/12/09 Case 1591 (Long Pond) Original Lindenmeier Lake 608.0 AF Long Pond SW NW NE 6-7N-68W 1892/02/16 1904/12/09 Case 1591 Res. Original WSSC Res. No. 4 310.0 AF Long Pond 23-8N-69W 1892/02/16 1904/12/09 Case 1591 Res. (W-7821-74) WSSC Res. No. 4 422.0 AF WSSC Res SE NE SW 23-8N-69W 1900/12/12 1904/12/09 Case 1591 #2 & 3 Original Black Hollow Res. 6,428.0 AF CLP SE SE SE 34-8N-67W 1906/02/20 1922/04/22 Case 2031 Supp. Chambers Lake 3,577.0 AF Joe Wright NE NE SE 6-7N-75W 1910/05/28 1922/04/22 Case 2031 Reservoir Creek, Fall River Supp. Creek and Trap Creek Kluver Res. 1,562.0 AF CLP SW NE NW 23-8N-69W 1911/05/01 1945/12/18 Case 5362 Supp. Black Hollow Res. 2,158.0 AF CLP SE SE SE 34-8N-67W 1918/10/05 1945/12/18 Case 5362 Supp. Long Draw Res. 4,201.0 AF Long Draw NE NW SE 11-6N-75W 1922/06/05 1945/12/18 Case 5362 Creek Supp. Chambers Lake 2,197.0 AF Joe Wright NE NE SE 6-7N-75W 1922/12/03 1945/12/18 Case 5362 Reservoir Creek, Fall River Supp. Creek and Trap Creek WSSC Res. No. 2,3 3,615.0 AF CLP NE SE SW 14-8N-69W 1943/10/04 1953/09/10 Case 11217 Supp. WSSC Res. No. 2,3 445.9 AF CLP NE SE SW 14-8N-69W 1943/10/04 1953/09/10 Case 11217 (W-112-74) Supp. WSSC Res. No. 2,3 138.0 AF CLP NE SE SW 14-8N-69W 1943/10/04 1977/12/31 W-112-77 Supp.

Long Draw Res. 6,600.0 AF CLP NE NW SE 11-6N-75W 1965/08/31 1977/12/31 W-9322-78 (83CW 126) Supp. Trap Lake II 3,800.0 AF Trap Creek NW NW SW 21-7N-75W 1982/06/16 1982/12/31 82CW289 Supp. - Cond. Transbasin Chambers Lake 11.478.0 AF Big Laramie 6-7N-75W 1891/08/07 1896/10/30 Case 1247 Reservoir River Original Laramie River 300.00 cfs West Branch NE NE SW 14-8N-76W 1891/08/07 1896/10/30 Case 1247 Ditch (Skyline Ditch) Laramie River 84CW204 Supp. Cameron Pass 10.0 cfs Michigan River SE 2-6N-76W 1882/07/30 1902/04/23 Case 1519 Ditch Original Cameron Pass 18.0 cfs Michigan River NW SE 2-7N-76W 1898/07/07 1902/04/23 Case 1519 Ditch Grand River Ditch 524.6 cfs Colorado River NE SW NW 21-6N-75W 1890/09/01 1906/08/11 Case 112 Alternate Point NW NE NW 28-5N-76W Original Alternate Point NW NE SE 29-6N-75W Laramie River 300.0 cfs Big Laramie NE SW 7-8N-75W 1902/08/25 1914/02/20 Case 2725 Tunnel² 5993 84CW204 Supp. River Case

Rawah Ditch² 225.0 cfs Rawah Creek NE NE SW 32-9N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp. Rawah and Lower ² 275.0 cfs Rawah Creek SE SE SW 14-9N-76W 1902/08/25 1914/02/20 Case 2725 Supply Ditch² Case 5993 Supp.

McIntyre Ditch² 40.0 cfs McIntyre CreekSE NE NE 31-9N-76W1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No.1² 1,050. AF Rawah Creek SE 7-8N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No. 2²1,400.0 AF Rawah Creek SW 5-8N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Link Lake No. 3² 525.0 AF Rawah Creek NW 5-8N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp. Link Lake No. 4² 592.0 AF Rawah Creek SW 32-9N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp. Link Lake No. 5² 700.0 AF Rawah Creek NE 5-8N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Link Lake No. 6² 300.0 AF Rawah Creek SW 32-9N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Link Lake No. 7² 440.0 AF Rawah Creek NE 5-8N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp. Link Lake No. 8² 2,000.0 AF Rawah Creek SW 4-8N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp. Link Lake No. 9² 574. 0 AF Rawah Creek NE 6-8N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No. 10² 425. 0 AF McIntyre Creek NE 31-9N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp. Link Lake No. 11² 1,148.0 AF McIntyre Creek SW 31-9N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp. Link Lake No. 12² 138.0 AF Rawah Creek NW 4-8N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp. Link Lake No. 13² 597.0 AF Rawah Creek NE 29-9N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp. Link Lake No. 14² 597.0 AF Spring Creek NE 29-9N-76W 1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Laramie Lake 340.0 AF Drainage SE NW 32-8N-75W 1890/07/01 1944/09/11 Case 5993 Supp. Lost Lake 288.0 AF Drainage SW SE 31-8N-75W 1890/07/02 1944/09/11 Case 5993 Supp.

Lily Lake 178.0 AF Drainage SE NW 29-8N-78W 1912/07/01 1944/09/11 Case 5993 Supp.

1. Seepage Lind Reservoir² 54.9 AF Seepage SE NE SE 35-8N-68W 1881/04/21 1972/12/31 W-1748 W-1877 Supp.

WSSC Seepage A 2.0 cfs Seepage NE NE NW 20-8N-69W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage B 2.0 cfs Seepage SE SE SE 17-8N-69W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 1 5.0 cfs Seepage SW NW SW 4-8N-69W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 2 12.0 cfs Seepage SW NW NE 3-8N-69W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 2a 4.0 cfs Seepage NE NE SW 3-8N-69W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 2b 2.0 cfs Seepage NW SW SE 17-8N-68W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 3 20.0 cfs Seepage NE SW NW 14-8N-68W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 4 1.0 cfs Seepage NE NW SW 14-8N-68W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 6 2.0 cfs Seepage NW NW SW 31-8N-67W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 7 2.0 cfs Seepage NW SW SE 6-7N-67W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 7a 0.1 cfs Seepage SW NE SW 8-7N-67W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 7b 0.3 cfs Seepage SW SW SE 8-7N-67W 1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 7c 2.0 cfs Seepage NW NW SW 13-7N-67W 1960/06/01 1972/12/31 W-1877 Supp. WSSC Seepage 8 0.62 cfs Seepage NE SE SE 5-7N-66W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 9 1.0 cfs Seepage SE NE SE 5-7N-66W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 10 0.9 cfs Seepage SW NW SW 4-7N-66W 1881/04/21 1972/12/31 W-1877 Supp. ________________________ ¹ Cache La Poudre River ² Partial Ownership 4. Historic Use: The District owns 7.75 shares of WSSC hereinafter the “shares.” The shares were historically used to irrigate four farms. Diversions at the Larimer County Canal are shown on Exhibit D. Historic returns will be maintained for all calls senior to the date of the filing of this application. The District owns the lands upon which the shares were used or has dry up covenants and therefore can effectuate dry up of the irrigated lands. 4.1. Leaf Farm (3.5 shares). Approximately 206 acres were irrigated on two parcels. 138.3 acres in the NE¼ of Section 25 and 67 acres in the N½ NE¼ of Section 35, both in Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado and shown on Exhibit A. Two supplemental irrigation wells were also used on the parcel in Section 35. 4.2. Jansson Farm (3 shares). Approximately 150 acres were irrigated in the E½ E½ of Section 30, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado and shown on Exhibit A. 4.3. Foster Farm (1 share). Approximately 80 acres were irrigated on Lot B Recorded Exemption m 0705-29-3-RE557, being part of the SW¼ SE¼ of Section 29, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado and shown on Exhibit B. 4.4. Lindholm Farm (¼ share). Approximately 46 acres were irrigated on Lot B Recorded Exemption m 0705-22-1-RE3214, being part in the W½ NE¼ of Section 22, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado and shown on Exhibit C. 5. Proposed Change: All water district uses, including but not limited to irrigation, domestic, municipal, mechanical, industrial, commercial, manufacturing, fire protection, sewage treatment, watering of parks, lawns and grounds, recreation, storage, fish culture, maintenance and preservation of wildlife, exchange, augmentation, replacement, adjustment and regulation of the District water system. The District may also use, consume totally, reuse, make a succession of uses, and dispose of the reusable water by trade, exchange, augmentation, replacement, adjustment, and regulation, within and without its system as it now exists and may hereafter exist from time to time. The foregoing are hereinafter referred to as “District Uses.” The place of use will be within the District’s service area as it now exists or may from time to time be expanded, and at such places within the Poudre and South Platte basins as are necessary to fulfill obligations under this decree. ALTERNATE POINTS OF DIVERSION 6. Applicant seeks approval to divert it’s proportional interest in the shares at the following alternate points of diversion, subject to approval of the owners of the structures for use of the structures: 6.1. Munroe Gravity Canal (a.k.a. North Poudre Supply Canal), located on the east bank of the Cache La Poudre River in the SW1/4, NE1/4 of Section 5, Township 8 North, Range 70 West, 6th P.M., Larimer County, at a point whence the Southeast corner of Section 5 bears South 37º27’30” East 3,647.5 feet. 6.2. North Poudre Canal, located on the North Fork of the Cache La Poudre River at a point 170 feet North and 1,080 feet West of the Southeast corner of Section 12, Township 10 North, Range 71 West, 6th P.M., Larimer County. 6.3. Poudre Valley Canal, located on the east bank of the Cache La Poudre River at a point 1,020 feet North and 160 feet East of the Southwest corner of Section 10, Township 8 North, Range 70 West, 6th P.M., Larimer County. 6.4. Jackson Ditch (a.k.a. Dry Creek Ditch), located on a slough of the Cache La Poudre River at a point 1,795 feet North and 1,003 feet East of the Southwest corner of Section 30, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.5. New Mercer Ditch, located on the south bank of the Cache La Poudre River at a point 70 feet North and 295 feet East of the Southwest corner of Section 29, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.6. Larimer County Canal No. 2, located on the south bank of the Cache La Poudre River at a point 70 feet North and 295 feet East of the Southwest corner of Section 29, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.7. Taylor and Gill Ditch, located on the north bank of the Cache La Poudre River at a point 312 feet North and 844 feet East of the Southwest corner of Section 29, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.8. Little Cache Ditch, located on the north bank of the Cache La Poudre River at a point 312 feet North and 844 feet East of the Southwest corner of Section 29, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.9. Overland Trail Diversion Structure, to be constructed on the south bank of the Cache La Poudre River at a point 1,500 feet North and 2,400 feet West of the Southeast corner of Section 33, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.10. Taft Hill Diversion Structure, to be constructed on the north bank of the Cache La Poudre River at a point approximately 1,205 feet North and 487 feet West of the Southeast corner of Section 33, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.11. Fossil Creek Reservoir Inlet, located on the south bank of the Cache La Poudre River at a

point 2,600 feet North and 85 feet West of the Southeast corner of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County.ALTERNATE PLACES OF STORAGE 7. Applicant seeks approval to divert the shares for storage at the following reservoirs, subject to approval of the owners of the structures for use of the structures: 7.1. Milton Seaman Reservoir, as the same may be enlarged, located in portions of Sections 28 and 33, Township 9 North, Range 70 West, 6th P.M., Larimer County. 7.2. Halligan Reservoir, as the same may be enlarged, located in portions of Sections 28, 29, 32, 33, and 34, Township 11 North, Range 71 West, 6th P.M., Larimer County. 7.3. Park Creek Reservoir, located in portions of Sections 7, 17, and 18, Township 10 North, Range 69 West, 6th P.M., Larimer County. 7.4. North Poudre Reservoir No. 15, located in portions of Section 33, Township 10 North, Range 69 West, 6th P.M., and Section 4, Township 9 North, Range 69 West, 6th P.M., Larimer County. 7.5. North Poudre Reservoir No. 6, located in portions of Sections 5, 6, 7, and 8, Township 8 North, Range 68 West, 6th P.M., Larimer County. 7.6. North Poudre Reservoir No. 5, located in portions of Section 31, Township 9 North, Range 68 West, 6th P.M, and Sections 5 and 6, Township 9 North, Range 68 West, 6th P.M., Larimer County. 7.7. North Poudre Reservoir No. 4, located in portions of Section 29, Township 9 North, Range 68 West, 6th P.M., Larimer County. 7.8. North Poudre Reservoir No. 3, located in portions of Sections 18 and 19, Township 9 North, Range 68 West, 6th P.M., Larimer County. 7.9. North Poudre Reservoir No. 2, located in portions of Sections 24 and 25, Township 9 North, Range 69, West, 6th P.M., and Sections 19 and 30, Township 9 North, Range 68, West, 6th P.M., Larimer County. 7.10. North Poudre Reservoir No. 1 (a.k.a. Miners Lake), located in portions of Section 21, Township 9 North, Range 69 West, 6th P.M., Larimer County. 7.11. Chambers Lake, located in portions of Sections 6 and 7, Township 7 North, Range 75 West, 6th P.M., and Section 31, Township 8 North, Range 75 West, 6th P.M., Larimer County. 7.12. Long Draw Reservoir, located in portions of Sections 10, 11, and 15, Township 6 North, Range 75 West, 6th P.M., Larimer County. 7.13. Black Hollow Reservoir, located in portions of Section 34, Township 8 North, Range 67 West, 6th P.M., and Section 3, Township 7 North, Range 67 West, 6th P. M, Weld County. 7.14. Curtis Lake, located in portions of Sections 16 and 17, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.15. Kluver Reservoir, located in portions of Sections 14, 15, 22, and 23, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.16. Lindenmeier Lake, located in portions of Section 31, Township 8 North, Range 68 West, 6th P.M., and Section 6, Township 7 North, Range 68, West, 6th P.M., Larimer County. 7.17. Richards Lake, located in portions of Section 30, Township 8 North, Range 68 West, 6th P.M., and Section 25, Township 8 North, Range 69, West, 6th P.M., Larimer County. 7.18. Water Supply and Storage Reservoir No. 1 (a.k.a. Rocky Ridge Reservoir), located in portions of Sections 10, 11, and 14, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.19. Water Supply and Storage Reservoir No. 3, located in portions of Sections 10, 11, 14, and 15, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.20. Water Supply and Storage Reservoir No. 4, located in portions of Sections 14 and 23, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.21. Water Supply and Storage Reservoir No. 5 (a.k.a. Long Pond), located in portions of Sections 25 and 36, Township 8 North, Range 69 West, 6th P.M., and Sections 30 and 31, Township 8 North, Range 68, West, 6th P.M., Larimer County. 7.22. Worster Reservoir (a.k.a. Eaton Reservoir), located in portions of Sections 5, 7, and 8, Township 11 North, Range 74 West, 6th P.M., Larimer County. 7.23. Fossil Creek Reservoir, located in portions of Sections 9, 10, 15, 16, and 17, Township 6 North, Range 68 West, 6th P.M., Larimer County. 7.24. Douglas Reservoir, located in portions of Sections 26, 35, and 36, Township 9 North, Range 69 West, 6th P.M., and Section 2, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.25. Glade Reservoir, as proposed to be constructed, located in portions of Sections 18, 19, 30, 31, Township 9 North, Range 69 West, 6th P.M., and Section 6, Township 8 North, Range 69, West, 6th P.M., and Sections 1, 2, 11, and 12, Township 8 North, Range 70, West, 6th P.M., and Sections 25, 26, 35, and 36, Township 9 North, Range 70, West, 6th P.M., Larimer County. 7.26. Overland Trail Reservoirs, will be a series of lined gravel pits, located in portions of Sections 32, 33, Township 8 North, Range 69 West, 6th P.M., and Sections 3 and 4, Township 7 North, Range 69, West, 6th P.M., Larimer County. 7.27. College Lake (a.k.a Reservoir No. 3), located in portions of Sections 7, 17, and 18, Township 7 North, Range 69 West, 6th P.M., Larimer County. EXCHANGES 8. Applicant appropriated by Board Resolution on December 8, 2003 and seeks adjudication of the conditional exchanges described herein, subject to approval of the owners of the structures for use of the structures. The exchange reaches will be in the Cache La Poudre River reaches between each of the points described in 8.1 and each of the points described in 8.2. 8.1. Applicant will release all or a portion of the shares for exchange at the places at the maximum rates of flow shown herein. 8.1.1. Fossil Creek Reservoir Outlet, located in the NE1/4, SW1/4, Section 11, Township 6 North, Range 68 West, 6th P.M., Larimer County. 250 c.f.s. 8.1.2. Overland Trail Reservoir Release Structure No. 1, to be constructed on the south bank of the Cache La Poudre River in Section 34, at a point approximately 240 feet North and 940 feet East of the Southwest corner of Section 34, Township 8 North, Range 69 West, 6th P.M., Larimer County. 250 c.f.s. 8.1.3. Overland Trail Reservoir Release Structure No. 2, to be constructed on the west bank of the Cache La Poudre River in Section 3, at a point approximately 700 feet South and 2,420 feet East of the Northwest corner of Section 3, Township 7 North, Range 69 West, 6th P.M., Larimer County. 250 c.f.s. 8.1.4. Overland Trail Reservoir Release Structure No. 3, to be constructed on the south bank of the Cache La Poudre in Section 33, at a point approximately 1,500 feet North and 2,400 feet West of the Southeast corner of Section 33, Township 8 North, Range 69 West, 6th P.M., Larimer County. 250 c.f.s.8.1.5. Overland Trail Reservoir Diversion Structure, described in ¶6.9. 50 c.f.s. 8.1.6. Overland Trail Reservoir Release Structure No. 4, to be constructed on the west bank of the Cache La Poudre River in Section 34, at a point approximately 264 feet South and 2,006 feet East of the Southwest corner of Section 34, Township 7 North, Range 69 West, 6th P.M., Larimer

County. 250 c.f.s. 8.1.7. Overland Trail Reservoir Release Structure No. 5, to be constructed on the south bank of the Cache La Poudre in Section 3, at a point approximately 2,430 feet North and 150 feet West of the Southeast corner of Section 3, Township 8 North, Range 69 West, 6th P.M., Larimer County. 250 c.f.s. 8.1.8. Taft Hill Diversion, described in ¶6.10. 300 c.f.s. 8.1.9. Chambers Lake, described in 7.11. 350 c.f.s. 8.1.10. Long Draw Reservoir, described in 7.12. 350 c.f.s. 8.1.11. Grand River Ditch, located in the SW ¼ of the NW ¼ of Section 21 Township 6 North, Range 75 West, 6th P.M., Grand County. 6.78 c.f.s. 8.1.12. Laramie-Poudre Tunnel, located in the NE ¼ of the SW ¼ of Section 7, Township 8 North, Range 75 West, 6th P.M., Larimer County. 3.33 c.f.s. 8.1.13. Laramie River Ditch (Skyline Ditch), located in the NE ¼ of the SW ¼ of Section 14, Township 8 North, Range 76 West, 6th P.M., Larimer County. 3.88 c.f.s. 8.1.14. Cameron Pass Ditch, located in the NW ¼ of the SE ¼ of Section 2, Township 6 North, Range 76 West, 6th P.M., Jackson County. 0.36 c.f.s. 8.1.15. Halligan Reservoir, described in 7.2. 350 c.f.s. 8.1.16. Milton Seaman Reservoir, described in 7.1. 350 c.f.s. 8.1.17. Worster Reservoir (a.k.a. Eaton Reservoir), described in 7.22. 75 c.f.s. 8.1.1.8 Box Elder Sanitation Plant Outfall, located in the NW ¼ of the NE ¼ of Section 28, Township 7 North , Range 68 West, 6th P.M. at a point 800 feet south of the north section line and 1475 feet west of the east section line of said Section 28, Larimer County. 3.8 c.f.s. 8.2. Applicant will divert water under the Exchanges at the places and rates of flow shown herein. 8.2.1. Munroe Gravity Canal (a.k.a. North Poudre Supply Canal), described in ¶6.1. 250 c.f.s. 8.2.2. North Poudre Canal, described in ¶6.2. 150 c.f.s. 8.2.3. City of Fort Collins Pipeline, located in the SE1/4, Section 32, Township 9 North, Range 70 West, 6th P.M., Larimer County, more particularly described as: Considering the East line of said SE1/4 as bearing North 7�49’9” E, and with all bearings contained therein relative thereto; commencing at the SE corner of said Section 32; thence N 4�32’46” E, 1,335.13 feet to the center of said pipeline intake. 32 c.f.s. 8.2.4. Poudre Valley Canal, described in ¶6.3. 350 c.f.s. 8.2.5. City of Greeley Pipeline, located on the north bank of the Cache La Poudre River at a point, 1,790 feet South and 1,970 feet West of the Northeast corner of Section 15, Township 8 North, Range 70 West, 6th P.M., Larimer County. 30 c.f.s. 8.2.6. Larimer County Canal, located on the north bank of the Cache La Poudre River at a point 610 feet North and 1,540 feet East of the Southwest corner of Section 13, Township 8 North, Range 70 West, 6th P.M., Larimer County. 350 c.f.s. 8.2.7. Jackson Ditch (a.k.a. Dry Creek Ditch), described in ¶6.4. 50 c.f.s. 8.2.8. New Mercer Ditch, described in ¶6.5. 80 c.f.s. 8.2.9. Larimer County Canal No. 2, described in ¶6.6. 225 c.f.s. 8.2.10. Taylor and Gill Ditch, described in ¶6.7. 18.5 c.f.s. 8.2.11. Taft Hill Diversion Structure, described in ¶6.10. 300 c.f.s. 8.2.12. Little Cache Ditch, described in ¶6.8. 82.5 c.f.s. 8.2.13. Overland Trail Diversion Structure, described in ¶6.9. 50 c.f.s. 8.2.14. Larimer and Weld Canal (a.k.a. Eaton Ditch), located on the east bank of the Cache La Poudre River at a point 460 feet North and 2,150 feet East of the Southwest corner 34, Township 8 North, Range 69 West, 6th P.M., Larimer County. 350 c.f.s. 8.2.15. Worster Reservoir (a.k.a. Eaton Reservoir),described in ¶7.23. 150 c.f.s. 8.2.16. Halligan Reservoir, described in ¶7.2. 350 c.f.s. 8.2.17. Milton Seaman Reservoir, described in ¶7.1. 350 c.f.s. 8.2.18. Chambers Lake, described in ¶7.11. 350 c.f.s. 8.2.19. Long Draw Reservoir, described in ¶7.12. 350 c.f.s. 8.2.20. Fossil Creek Reservoir, described in ¶7.24. 250 c.f.s. 9. Name and Address of Owners of Structures are as follows:

OWNER NAME AND ADDRESS STRUCTURE

Northern Colorado Water Conservancy District 220 Water Avenue, Berthoud, CO 80513

Munroe Gravity Canal, Glade Reservoir

North Poudre Irrigation Company P.O. Box 100, Wellington, CO 80549

North Poudre Canal, Fossil Creek Reservoir Inlet, Halligan & Enlargement, Park Creek Reservoir, North Poudre #15, North Poudre #6, North Poudre #5, North Poudre #3, North Poudre #2, North Poudre #1

Windsor Reservoir and Canal Company P.O. Box 206, Eaton, CO 80615

Poudre Valley Canal, Douglas Reservoir

Jackson Ditch Company P.O. Box 1584, Fort Collins, CO 80522

Jackson Ditch

New Mercer Ditch Company P.O. Box 506, Fort Collins, CO 80522

New Mercer Ditch

Larimer County No. 2 Irrigation Co. P.O. Box 506, Fort Collins, CO 80522

Larimer County No. 2 Ditch

Taylor and Gill Ditch Co. P.O. Box 506, Fort Collins, CO 80522

Taylor and Gill Ditch

Cache La Poudre Irrigating Ditch Co. 532 N. U.S. Highway 287, Fort Collins, CO 80524

Little Cache Ditch

Western Mobile Northern, Inc., a subsidiary of Lafarge Corporation P.O. Box 2187, Fort Collins, CO 80522

Overland Trail Diversion Structure, Taft Hill Diversion Structure, Overland Trail Res. Release 1, Overland Trail Res. Release 2, Overland Trail Res. Release 3, Overland Trail Res. Release 4, Overland Trail Res. Release 5

Water Supply and Storage Company P.O. Box 1584, Fort Collins, CO 80522

Chambers Lake, Long Draw Reservoir, Black Hollow Reservoir, Curtis Lake, Kluver Reservoir, Lindenmeier Lake, Richards Lake, WSSC Reservoirs No. 1, WSSC Reservoirs No. 3, WSSC Reservoirs No. 4, WSSC Reservoirs No. 5, WSSC Reservoirs, Grand River Ditch, Laramie-Poudre Tunnel, Skyline Ditch, Cameron Pass Ditch, Larimer County Canal

Divide Canal and Reservoir Co. P.O. Box 206, Eaton, CO 80615

Worster Reservoir

Mark A. Linder 3208 West County Road 50, Fort Collins, CO 80521

Overland Trail Reservoirs

Alvin and Florence Treiber 1724 N. Overland Trail, Fort Collins, CO 80521

Overland Trail Reservoirs

James S. and Joyce Warson 1632 N. Overland Trail, Fort Collins, CO 80521

Overland Trail Reservoirs

Kenneth C. Hilt 1429 N. Taft Hill Rd., Fort Collins, CO 80521

Overland Trail Reservoirs

Joseph S. and Ganiel A. Glass 1331 N. Taft Hill Rd. Fort Collins, CO 80521

Overland Trail Reservoirs

City of Fort Collins P.O. Box 580, Fort Collins, CO, 80522

City of Fort Collins Pipeline

Boxelder Sanitation District P.O. Box 1518, Fort Collins, CO 80522

Boxelder Sanitation District

City of Greeley 1100 10th Street, Greeley, CO 80631

Seaman & Enlargement, City of Greeley Pipeline

Larimer and Weld Irrigation Company P.O. Box 206, Eaton, CO 80615

Larimer and Weld Canal

Colorado State University C/O Office of General Counsel, 202 Administration Building, Fort Collins, CO, 80523

Colorado State University System, College Lake

03CW422 East Larimer County Water District (District), 232 South Link Lane, Fort Collins, Colorado 80524. (970) 493-2044 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, 970-356-9160). Application for Change of Water Rights, Alternate Points of Diversion, Alternate Places of Storage and Exchange IN LARIMER AND WELD COUNTIES. CHANGE OF WATER RIGHTS 2. Decreed Name of Structure: The District owns or has the right to change 8.7167 shares of the Water Supply and Storage Company (WSSC). 3. Previous Decrees: The decreed water rights of WSSC are as follows: Location Appropriation Adjudication Judicial Name Amount Source Sec Twn Rge Date Date Proceeding Direct-Flow(Dist. 3)

Larimer County 10.76 cfs CLP¹ SW SE SW 13-8N-70W 1862/03/01 1882/04/11 Case 320 Canal Transfer (1423 TT) Larimer County 13.89 cfs CLP SW SE SW 13-8N-70W 1864/09/15 1882/04/11 Case 320 Canal Original (1423 TT) Larimer County 2.00 cfs CLP SW SE SW 13-8N-70W 1868/03/15 1882/04/11 Case 320 Canal Original (2406 TT) Larimer County 2.67 cfs CLP SW SE SW 13-8N-70W 1868/03/15 1882/04/11 Case 320 Canal Original (2818 TT) Larimer County 4.00 cfs CLP SW SE SW 13-8N-70W 1873/03/20 1882/04/11 Case 320 Canal Original (2406 TT) Larimer County 7.23 cfs CLP SW SE SW 13-8N-70W 1878/04/01 1882/04/11 Case 320 Canal (Henry Original Smith) Larimer County 463.00 cfs CLP SW SE SW 13-8N-70W 1881/04/25 1882/04/11 Case 320 Canal Original Larimer County 246.45 cfs CLP SW SE SW 13-8N-70W 1914/09/28 1945/12/18 Case 5362 Canal 84CW204 Supp. Storage (Dist. 3) Chambers Lake 3,080.0 AF Joe Wright NE NE SE 6-7N-75W 1882/07/12 1886/10/12 Case 320 Reservoir Creek, Fall River Original Creek and Trap Creek WSSC Res. No. 2,3 689.0 AF CLP NE SE SW 14-8N-69W 1882/10/01 1904/12/09 Case 1591 WSSC Res. No. 4 574.0 AF WSSC Res SE NE SW 23-8N-69W 1882/10/01 1904/12/09 Case 91 Original Location Appropriation Adjudication Judicial Name Amount Source Sec Twn Rge Date Date Proceeding WSSC Res. No. 1 4,726.0 AF CLP SW SE SW 11-8N-69W 1891/09/01 1904/12/09 Case 1591 (Rocky Ridge) Original WSSC Res. No. 5 4,037.0 AF CLP SW SE NW 31-8N-68W 1891/09/01 1904/12/09 Case 1591 (Long Pond) Original Lindenmeier Lake 608.0 AF Long Pond SW NW NE 6-7N-68W 1892/02/16 1904/12/09 Case 1591 Res. Original WSSC Res. No. 4 310.0 AF Long Pond 3-8N-69W 1892/02/16 1904/12/09 Case 1591

Res. (W-78) Original WSSC Res. No. 4 422.0 AF WSSC Res SE NE SW 23-8N-69W 1900/12/12 1904/12/09 Case 1591 #2 & 3 Original

Black Hollow Res. 6,428.0 AF CLP SE SE SE 34-8N-67W 1906/02/20 1922/04/22 Case 2031 Supp. Chambers Lake 3,577.0 AF Joe Wright NE NE SE 6-7N-75W 1910/05/28 1922/04/22 Case 2031 Reservoir Creek, Fall River Supp. Creek and Trap Creek Kluver Res. 1,562.0 AF CLP SW NE NW 23-8N-69W 1911/05/01 1945/12/18 Case 5362 Supp. Black Hollow Res. 2,158.0 AF CLP SE SE SE 34-8N-67W 1918/10/05 1945/12/18 Case 5362 Supp. Long Draw Res. 4,201.0 AF Long Draw NE NW SE 11-6N-75W 1922/06/05 1945/12/18 Case 5362 Creek Supp. Chambers Lake 2,197.0 AF Joe Wright NE NE SE 6-7N-75W 1922/12/03 1945/12/18 Case 5362 Reservoir Creek, Fall River Supp. Creek and Trap Creek WSSC Res. No. 2,3 3,615.0 AF CLP NE SE SW 14-8N-69W 1943/10/04 1953/09/10 Case 11217 Supp. Location Appropriation Adjudication Judicial Name Amount Source Sec Twn Rge Date Date Proceeding WSSC Res. No. 2,3 445.9 AF CLP NE SE SW 14-8N-69W 1943/10/04 1953/09/10 Case 11217

WSSC Res. No. 2,3 138.0 AF CLP NE SE SW 14-8N-69W 1943/10/04 1977/12/31 W-112-77 Supp. Long Draw Res. 6,600.0 AF CLP NE NW SE 11-6N-75W 1965/08/31 1977/12/31 W-9322-78 (83CW 126 Supp. Trap Lake II 3,800.0 AF Trap Creek NW NW SW 21-7N-75W 1982/06/16 1982/12/31

Transbasin

Chambers Lake 11.478.0 AF Big Laramie 6-7N-75W 1891/08/07 1896/10/30 Case 1247 Reservoir River Original Laramie River 300.00 cfs West Branch NE NE SW 14-8N-76W 1891/08/07 1896/10/30 Case 1247 Ditch (Skyline Laramie River 84CW204 Ditch) Supp. Cameron Pass 10.0 cfs Michigan River SE 2-6N-76W 1882/07/30 1902/04/23 Case 1519 Ditch Original Cameron Pass 18.0 cfs Michigan River NW SE 2-7N-76W 1898/07/07 1902/04/23 Case 1519 Ditch Original Grand River Ditch 524.6 cfs Colorado River NE SW NW 21-6N-75W 1890/09/01 1906/08/11 Case 12 Alternate Point NW NE NW 28-5N-76W Original Alternate Point NW NE SE 29-6N-75W Location Appropriation Adjudication Judicial Name Amount Source Sec Twn Rge Date Date Proceeding Laramie River 300.0 cfs Big Laramie NE SW 7-8N-75W1902/08/25 1914/02/20 Case 2725 Tunnel² River Case 599384CW204 Supp. Rawah Ditch² 225.0 cfs Rawah Creek NE NE SW 32-9N-76W 1902/08/25 1914/02/20 Case 2725 Supp. Rawah and Lower ² 275.0 cfs Rawah Creek SE SE SW 14-9N-76W 1902/08/25 1914/02/20 Case 2725 Supply Ditch² Case 5993 Supp. McIntyre Ditch² 40.0 cfs McIntyre Creek SE NE NE 31-9N-76W 1902/08/25 1914/02/20 Case 2725 Supp.

Link Lake No.1² 1,050. AF Rawah Creek SE 7-8N-76W 1902/08/25 1914/02/20 Case 2725 Supp. Link Lake No. 2² 1,400.0 AF Rawah Creek SW 5-8N-76W 1902/08/25 1914/02/20 Case 2725 Case Link Lake No. 3² 525.0 AF Rawah Creek NW 5-8N-76W 1902/08/25 1914/02/20 Case 2725 Case Supp. Link Lake No. 4² 592.0 AF Rawah Creek SW 32-9N-76W 1902/08/25 1914/02/20 Case 2725 Case

Supp. Location Appropriation Adjudication Judicial Name Amount Source Sec Twn Rge Date Date Proceeding Link Lake No. 5² 700.0 AF Rawah Creek NE 5-8N-76W 1902/08/25 1914/02/20 Case 2725

Link Lake No. 6² 300.0 AF Rawah Creek SW 32-9N-76W 1902/08/25 1914/02/20 Case 2725

Link Lake No. 7² 440.0 AF Rawah Creek NE 5-8N-76W 1902/08/25 1914/02/20 Case 2725 Supp. Link Lake No. 8² 2,000.0 AF Rawah Creek SW 4-8N-76W 1902/08/25 1914/02/20 Case 2725 Supp. Link Lake No. 9² 574. 0 AF Rawah Creek NE 6-8N-76W 1902/08/25 1914/02/20 Case 2725

Supp. Link Lake No. 10²425. 0 AF McIntyre Creek NE 31-9N-76W 1902/08/25 1914/02/20 Case 2725

Link Lake No. 11² 1,148.0 AF McIntyre Creek SW 31-9N-76W 1902/08/25 1914/02/20 Case 2725

Link Lake No. 12² 138.0 AF Rawah Creek NW 4-8N-76W 1902/08/25 1914/02/20 Case 2725

Supp. Link Lake No. 13² 597.0 AF Rawah Creek NE 29-9N-76W 1902/08/25 1914/02/20 Case 2725 Supp. Location Appropriation Adjudication Judicial Name Amount Source Sec Twn Rge Date Date Proceeding Link Lake No. 14² 597.0 AF Spring Creek NE 29-9N-76W 1902/08/25 1914/02/20 Case 2725

Laramie Lake 340.0 AF Drainage SE NW 32-8N-75W 1890/07/01 1944/09/11 Case 5993 Supp. Lost Lake 288.0 AF Drainage SW SE 31-8N-75W 1890/07/02 1944/09/11 Case 5993 Supp. Lily Lake 178.0 AF Drainage SE NW 29-8N-78W 1912/07/01 1944/09/11 Case 5993 Supp. Seepage Lind Reservoir² 54.9 AF Seepage SE NE SE 35-8N-68W 1881/04/21 1972/12/31 W-1748 W-1877 Supp. WSSC Seepage A 2.0 cfs Seepage NE NE NW 20-8N-69W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage B 2.0 cfs Seepage SE SE SE 17-8N-69W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 1 5.0 cfs Seepage SW NW SW 4-8N-69W 1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 2 12.0 cfs Seepage SW NW NE 3-8N-69W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 2a 4.0 cfs Seepage NE NE SW 3-8N-69W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 2b 2.0 cfs Seepage NW SW SE 17-8N-68W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 3 20.0 cfs Seepage NE SW NW 14-8N-68W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 4 1.0 cfs Seepage NE NW SW 14-8N-68W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 6 2.0 cfs Seepage NW NW SW 31-8N-67W 1881/04/21 1972/12/31 W-1877 Supp. Location Appropriation Adjudication Judicial Name Amount Source Sec Twn Rge Date Date Proceeding WSSC Seepage 7 2.0 cfs Seepage NW SW SE 6-7N-67W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 7a 0.1 cfs Seepage SW NE SW 8-7N-67W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 7b 0.3 cfs Seepage SW SW SE 8-7N-67W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 7c 2.0 cfs Seepage NW NW SW 13-7N-67W 1960/06/01 1972/12/31 W-1877 Supp. WSSC Seepage 8 0.62 cfs Seepage NE SE SE 5-7N-66W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 9 1.0 cfs Seepage SE NE SE 5-7N-66W 1881/04/21 1972/12/31 W-1877 Supp. WSSC Seepage 10 0.9 cfs Seepage SW NW SW 4-7N-66W 1881/04/21 1972/12/31 W-1877 Supp. ________________________ ¹ Cache La Poudre River ² Partial Ownership

4. Historic Use: The District owns or has the contractual right to change 19 13/60ths shares of WSSC hereinafter the “shares.” The shares were historically used to irrigate thirteen farms. Diversions at the Larimer County Canal are shown on Exhibit J. Historic returns will be maintained for all calls senior to the date of the filing of this application. The District owns the lands upon which the shares were used or will have dry up covenants and therefore can effectuate dry up of the irrigated lands. 4.1 McCafferty Farm (0.8 shares). Approximately 77 acres were irrigated in the W ½ of the SE 1/4 of Section 35, Township 8 North, Range 68 West of the 6th P.M., Larimer County, Colorado and shown on Exhibit A. 4.2. Butler Farm (2/3 of a share). Approximately 40 acres were irrigated in the SW 1/4 of the SE 1/4 of Section 2, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado as shown on Exhibit A. 4.3. Baiamonte Farm (1.25 shares). Approximately 230 acres were irrigated in the E ½ of Section 32, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado as shown on Exhibit B. 4.4. Hall Farm (2 shares). Approximately 160 acres were irrigated in the NW 1/4 of Section 26, Township, 7 North, Range 67 West of the 6th P.M., Weld County, Colorado as shown on Exhibit C. 4.5. Hoffman Farm (1.5 shares). Approximately 160 acres were irrigated in the SE 1/4 and the S ½ of the NW 1/4 of Section 30, Township 8 North, Range 68 West, of the 6th P.M., Larimer County, Colorado as shown on Exhibit D. 4.6. Michal Farm (1.25 shares). Approximately 80 acres were irrigated in the S ½ of the NE 1/4 of Section 9, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado as shown on Exhibit E. 4.7. Isakson Farm (0.75 shares). Approximately 160 acres were irrigated in the NW 1/4 of Section 6, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado as shown on Exhibit F. 4.8. Simonson Farm (1 share). Approximately 80 acres were irrigated in the S ½ of the NW 1/4 of Section 5, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado as shown on Exhibit F. 4.9. Allen Farm (2 shares). Approximately 172 acres were irrigated in the SW 1/4 and part of the NW 1/4 of Section 29, Township 8 North, Range 68 West of the 6th P.M., Larimer County, Colorado as shown on Exhibit G. 4.10. Globe Homes Farm (2 Shares). Approximately 160 acres were irrigated in the NW 1/4 of Section 32, Township 8 North, Range 68 West of the 6th P.M. Larimer County, Colorado as shown on Exhibit G. 4.11. K&M Farm (2 shares). Approximately 160 acres were irrigated in the NW 1/4 of Section 5, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado as shown on Exhibit G. 4.12. K&M Farm (2 shares). Approximately 200 acres were irrigated in the E ½ of the E1/2 and the SW 1/4 of the SE 1/4 of Section 13, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado as shown on Exhibit H. 4.13. Nashland Farm (2 shares). Approximately 160 acres were irrigated in the NW 1/4 of Section 25, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado as shown on Exhibit I. 5. Proposed Change: All water district uses, including but not limited to irrigation, domestic, municipal, mechanical, industrial, commercial, manufacturing, fire protection, sewage treatment, watering of parks, lawns and grounds, recreation, storage, fish culture, maintenance and preservation of wildlife, exchange, augmentation, replacement, adjustment and regulation of the District water system. The District may also use, consume totally, reuse, make a succession of uses, and dispose of the reusable water by trade, exchange, augmentation, replacement, adjustment, and regulation, within and without its system as it now exists and may hereafter exist from time to time. The foregoing are hereinafter referred to as “District Uses.” The place of use will be within the District’s service area as it now exists or may from time to time be expanded, and at such places within the Poudre and South Platte basins as are necessary to fulfill obligations under this decree. ALTERNATE POINTS OF DIVERSION. 6. Applicant seeks approval to divert it’s proportional interest in the shares at the following alternate points of diversion, subject to approval of the owners of the structures for use of the structures: 6.1. Munroe Gravity Canal (a.k.a. North Poudre Supply Canal), located on the east bank of the Cache La Poudre River in the SW1/4, NE1/4 of Section 5, Township 8 North, Range 70 West, 6th P.M., Larimer County, at a point whence the Southeast corner of Section 5 bears South 37º27’30” East 3,647.5 feet. 6.2. North Poudre Canal, located on the North Fork of the Cache La Poudre River at a point 170 feet North and 1,080 feet West of the Southeast corner of Section 12, Township 10 North, Range 71 West, 6th P.M., Larimer County. 6.3. Poudre Valley Canal, located on the east bank of the Cache La Poudre River at a point 1,020 feet North and 160 feet East of the Southwest corner of Section 10, Township 8 North, Range 70 West, 6th P.M., Larimer County. 6.4. Jackson Ditch (a.k.a. Dry Creek Ditch), located on a slough of the Cache La Poudre River at a point 1,795 feet North and 1,003 feet East of the Southwest corner of Section 30, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.5. New Mercer Ditch, located on the south bank of the Cache La Poudre River at a point 70 feet North and 295 feet East of the Southwest corner of Section 29, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.6. Larimer County Canal No. 2, located on the south bank of the Cache La Poudre River at a point 70 feet North and 295 feet East of the Southwest corner of Section 29, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.7. Taylor

and Gill Ditch, located on the north bank of the Cache La Poudre River at a point 312 feet North and 844 feet East of the Southwest corner of Section 29, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.8. Little Cache Ditch, located on the north bank of the Cache La Poudre River at a point 312 feet North and 844 feet East of the Southwest corner of Section 29, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.9. Overland Trail Diversion Structure, to be constructed on the south bank of the Cache La Poudre River at a point 1,500 feet North and 2,400 feet West of the Southeast corner of Section 33, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.10 Taft Hill Diversion Structure, to be constructed on the north bank of the Cache La Poudre River at a point approximately 1,205 feet North and 487 feet West of the Southeast corner of Section 33, Township 8 North, Range 69 West, 6th P.M., Larimer County. 6.11. Fossil Creek Reservoir Inlet, located on the south bank of the Cache La Poudre River at a point 2,600 feet North and 85 feet West of the Southeast corner of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. ALTERNATE PLACES OF STORAGE. 7. Applicant seeks approval to divert the shares for storage at the following reservoirs, subject to approval of the owners of the structures for use of the structures: 7.1. Milton Seaman Reservoir, as the same may be enlarged, located in portions of Sections 28 and 33, Township 9 North, Range 70 West, 6th P.M., Larimer County. 7.2. Halligan Reservoir, as the same may be enlarged, located in portions of Sections 28, 29, 32, 33, and 34, Township 11 North, Range 71 West, 6th P.M., Larimer County. 7.3. Park Creek Reservoir, located in portions of Sections 7, 17, and 18, Township 10 North, Range 69 West, 6th P.M., Larimer County. 7.4. North Poudre Reservoir No. 15, located in portions of Section 33, Township 10 North, Range 69 West, 6th P.M., and Section 4, Township 9 North, Range 69 West, 6th P.M., Larimer County. 7.5. North Poudre Reservoir No. 6, located in portions of Sections 5, 6, 7, and 8, Township 8 North, Range 68 West, 6th P.M., Larimer County. 7.6. North Poudre Reservoir No. 5, located in portions of Section 31, Township 9 North, Range 68 West, 6th P.M, and Sections 5 and 6, Township 9 North, Range 68 West, 6th P.M., Larimer County. 7.7 North Poudre Reservoir No. 4, located in portions of Section 29, Township 9 North, Range 68 West, 6th P.M., Larimer County. 7.8. North Poudre Reservoir No. 3, located in portions of Sections 18 and 19, Township 9 North, Range 68 West, 6th P.M., Larimer County. 7.9. North Poudre Reservoir No. 2, located in portions of Sections 24 and 25, Township 9 North, Range 69, West, 6th P.M., and Sections 19 and 30, Township 9 North, Range 68, West, 6th P.M., Larimer County. 7.10 North Poudre Reservoir No. 1 (a.k.a. Miners Lake), located in portions of Section 21, Township 9 North, Range 69 West, 6th P.M., Larimer County. 7.11. Chambers Lake, located in portions of Sections 6 and 7, Township 7 North, Range 75 West, 6th P.M., and Section 31, Township 8 North, Range 75 West, 6th P.M., Larimer County. 7.12. Long Draw Reservoir, located in portions of Sections 10, 11, and 15, Township 6 North, Range 75 West, 6th P.M., Larimer County. 7.13. Black Hollow Reservoir, located in portions of Section 34, Township 8 North, Range 67 West, 6th P.M., and Section 3, Township 7 North, Range 67 West, 6th P. M, Weld County. 7.14. Curtis Lake, located in portions of Sections 16 and 17, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.15. Kluver Reservoir, located in portions of Sections 14, 15, 22, and 23, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.16. Lindenmeier Lake, located in portions of Section 31, Township 8 North, Range 68 West, 6th P.M., and Section 6, Township 7 North, Range 68, West, 6th P.M., Larimer County. 7.17. Richards Lake, located in portions of Section 30, Township 8 North, Range 68 West, 6th P.M., and Section 25, Township 8 North, Range 69, West, 6th P.M., Larimer County. 7.18. Water Supply and Storage Reservoir No. 1 (a.k.a. Rocky Ridge Reservoir), located in portions of Sections 10, 11, and 14, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.19. Water Supply and Storage Reservoir No. 3, located in portions of Sections 10, 11, 14, and 15, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.20. Water Supply and Storage Reservoir No. 4, located in portions of Sections 14 and 23, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.21. Water Supply and Storage Reservoir No. 5 (a.k.a. Long Pond), located in portions of Sections 25 and 36, Township 8 North, Range 69 West, 6th P.M., and Sections 30 and 31, Township 8 North, Range 68, West, 6th P.M., Larimer County. 7.22. Worster Reservoir (a.k.a. Eaton Reservoir), located in portions of Sections 5, 7, and 8, Township 11 North, Range 74 West, 6th P.M., Larimer County. 7.23. Fossil Creek Reservoir, located in portions of Sections 9, 10, 15, 16, and 17, Township 6 North, Range 68 West, 6th P.M., Larimer County. 7.24. Douglas Reservoir, located in portions of Sections 26, 35, and 36, Township 9 North, Range 69 West, 6th P.M., and Section 2, Township 8 North, Range 69 West, 6th P.M., Larimer County. 7.25. Glade Reservoir, as proposed to be constructed, located in portions of Sections 18, 19, 30, 31, Township 9 North, Range 69 West, 6th P.M., and Section 6, Township 8 North, Range 69, West, 6th P.M., and Sections 1, 2, 11, and 12, Township 8 North, Range 70, West, 6th P.M., and Sections 25, 26, 35, and 36, Township 9 North, Range 70, West, 6th P.M., Larimer County. 7.26. Overland Trail Reservoirs, will be a series of lined gravel pits, located in portions of Sections 32, 33,

Township 8 North, Range 69 West, 6th P.M., and Sections 3 and 4, Township 7 North, Range 69, West, 6th P.M., Larimer County. 7.27. College Lake (a.k.a Reservoir No. 3), located in portions of Sections 7, 17, and 18, Township 7 North, Range 69 West, 6th P.M., Larimer County. EXCHANGES. 8. Applicant appropriated by Board Resolution on December 8, 2003 and seeks adjudication of the conditional exchanges described herein, subject to approval of the owners of the structures for use of the structures. The exchange reaches will be in the Cache La Poudre River reaches between each of the points described in 8.1 and each of the points described in 8.2. 8.1. Applicant will release all or a portion of the shares for exchange at the places at the maximum rates of flow shown herein. 8.1.1. City of Fort Collins Waste Water Plant No. 1 (a.k.a. Fort Collins Mulberry Water Reclamation Facility), located in the S1/2, SE1/4, Section 12, Township 7 North, Range 69 West, 6th P.M., Larimer County. 1.0 c.f.s. 8.1.2. City of Fort Collins Waste Water Plant No. 2 (a.k.a. Fort Collins Drake Water Reclamation Facility), located in the E1/2, SE1/4, Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. 1.0 c.f.s. 8.1.3. Boxelder Sanitation District Waste Water Plant, located in the NE1/4, Section 28, Township 7 North, Range 68 West, 6th P.M., Larimer County. 3.8 c.f.s. 8.1.4. Fossil Creek Reservoir Outlet, located in the NE1/4, SW1/4, Section 11, Township 6 North, Range 68 West, 6th P.M., Larimer County. 250 c.f.s. 8.1.5. Overland Trail Reservoir Release Structure No. 1, to be constructed on the south bank of the Cache La Poudre River in Section 34, at a point approximately 240 feet North and 940 feet East of the Southwest corner of Section 34, Township 8 North, Range 69 West, 6th P.M., Larimer County. 250 c.f.s. 8.1.6. Overland Trail Reservoir Release Structure No. 2, to be constructed on the west bank of the Cache La Poudre River in Section 3, at a point approximately 700 feet South and 2,420 feet East of the Northwest corner of Section 3, Township 7 North, Range 69 West, 6th P.M., Larimer County. 250 c.f.s. 8.1.7. Overland Trail Reservoir Release Structure No. 3, to be constructed on the south bank of the Cache La Poudre in Section 33, at a point approximately 1,500 feet North and 2,400 feet West of the Southeast corner of Section 33, Township 8 North, Range 69 West, 6th P.M., Larimer County. 250 c.f.s. 8.1.8. Overland Trail Reservoir Diversion Structure, described in ¶6.9. 50 c.f.s. 8.1.9. Overland Trail Reservoir Release Structure No. 4, to be constructed on the west bank of the Cache La Poudre River in Section 34, at a point approximately 264 feet South and 2,006 feet East of the Southwest corner of Section 34, Township 7 North, Range 69 West, 6th P.M., Larimer County. 250 c.f.s. 8.1.10. Overland Trail Reservoir Release Structure No. 5, to be constructed on the south bank of the Cache La Poudre in Section 3, at a point approximately 2,430 feet North and 150 feet West of the Southeast corner of Section 3, Township 8 North, Range 69 West, 6th P.M., Larimer County. 250 c.f.s. 8.1.11. Taft Hill Diversion, described in 6.10. 300 c.f.s. 8.1.12. Chambers Lake, described in 7.11. 350 c.f.s. 8.1.13. Long Draw Reservoir, described in 7.12. 350 c.f.s. 8.1.14. Grand River Ditch, located in the SW ¼ of the NW ¼ of Section 21 Township 6 North, Range 75 West, 6th P.M., Grand County. 16.80 c.f.s. 8.1.15. Laramie-Poudre Tunnel, located in the NE ¼ of the SW ¼ of Section 7, Township 8 North, Range 75 West, 6th P.M., Larimer County. 8.26 c.f.s. 8.1.16. Laramie River Ditch (Skyline Ditch), located in the NE ¼ of the SW ¼ of Section 14, Township 8 North, Range 76 West, 6th P.M., Larimer County. 9.61 c.f.s. 8.1.17 Cameron Pass Ditch, located in the NW ¼ of the SE ¼ of Section 2, Township 6 North, Range 76 West, 6th P.M., Jackson County. 0.90 c.f.s. 8.1.18. Halligan Reservoir, described in 7.2. 350 c.f.s. 8.1.19 Milton Seaman Reservoir, described in 7.1. 350 c.f.s. 8.1.20. Worster Reservoir (a.k.a. Eaton Reservoir), described in 7.22. 75 c.f.s. 8.1.21. Box Elder Sanitation Plant Outfall, located in the NW ¼ of the NE ¼ of Section 28, Township 7 North , Range 68 West, 6th P.M. at a point 800 feet south of the north section line and 1475 feet west of the east section line of said Section 28, Larimer County. 3.8 c.f.s. 8.2. Applicant will divert water under the Exchanges at the places and rates of flow shown herein. 8.2.1. Munroe Gravity Canal (a.k.a. North Poudre Supply Canal), described in 6.1. 250 c.f.s. 8.2.2. North Poudre Canal, described in 6.2. 150 c.f.s. 8.2.3. City of Fort Collins Pipeline, located in the SE1/4, Section 32, Township 9 North, Range 70 West, 6th P.M., Larimer County, more particularly described as: Considering the East line of said SE1/4 as bearing North 7�49’9” E, and with all bearings contained therein relative thereto; commencing at the SE corner of said Section 32; thence N 4�32’46” E, 1,335.13 feet to the center of said pipeline intake. 32 c.f.s. 8.2.4. Poudre Valley Canal, described in 6.3. 350 c.f.s. 8.2.5. City of Greeley Pipeline, located on the north bank of the Cache La Poudre River at a point, 1,790 feet South and 1,970 feet West of the Northeast corner of Section 15, Township 8 North, Range 70 West, 6th P.M., Larimer County. 30 c.f.s. 8.2.6. Larimer County Canal, located on the north bank of the Cache La Poudre River at a point 610 feet North and 1,540 feet East of the Southwest corner of Section 13, Township 8 North, Range 70 West, 6th P.M., Larimer County. 350 c.f.s. 8.2.7. Jackson Ditch (a.k.a. Dry Creek Ditch), described in 6.4. 50 c.f.s. 8.2.8. New Mercer Ditch, described in 6.5. 80 c.f.s. 8.2.9. Larimer County Canal No. 2, described in 6.6. 225 c.f.s.

8.2.10. Taylor and Gill Ditch, described in 6.7. 18.5 c.f.s. 8.2.11. Little Cache Ditch, described in 6.8. 82.5 c.f.s. 8.2.12. Overland Trail Diversion Structure, described in 6.9. 50 c.f.s. 8.2.13. Taft Hill Diversion Structure, described in 6.10. 300 c.f.s. 8.2.14. Larimer and Weld Canal (a.k.a. Eaton Ditch), located on the east bank of the Cache La Poudre River at a point 460 feet North and 2,150 feet East of the Southwest corner 34, Township 8 North, Range 69 West, 6th P.M., Larimer County. 350 c.f.s. 8.2.15. Worster Reservoir (a.k.a. Eaton Reservoir),described in 7.22. 150 c.f.s. 8.2.16. Halligan Reservoir, described in 7.2. 350 c.f.s. 8.2.17. Milton Seaman Reservoir, described in 7.1. 350 c.f.s. 8.2.18. Chambers Lake, described in 7.11. 350 c.f.s. 8.2.19. Long Draw Reservoir, described in 7.12. 350 c.f.s. 8.2.20. Fossil Creek Reservoir, described in 7.24. 250 c.f.s. 9. Name and Address of Owners of Structures are as follows:

OWNER NAME AND ADDRESS STRUCTURE

Northern Colorado Water Conservancy District 220 Water Avenue, Berthoud, CO 80513

Munroe Gravity Canal, Glade Reservoir

North Poudre Irrigation Company P.O. Box 100, Wellington, CO 80549

North Poudre Canal, Fossil Creek Reservoir Inlet, Halligan & Enlargement, Park Creek Reservoir, North Poudre #15, North Poudre #6, North Poudre #5, North Poudre #3, North Poudre #2, North Poudre #1

Windsor Reservoir and Canal Company P.O. Box 206, Eaton, CO 80615

Poudre Valley Canal, Douglas Reservoir

Jackson Ditch Company P.O. Box 1584, Fort Collins, CO 80522

Jackson Ditch

New Mercer Ditch Company P.O. Box 506, Fort Collins, CO 80522

New Mercer Ditch

Larimer County No. 2 Irrigation Co. P.O. Box 506, Fort Collins, CO 80522

Larimer County No. 2 Ditch

Taylor and Gill Ditch Co. P.O. Box 506, Fort Collins, CO 80522

Taylor and Gill Ditch

Cache La Poudre Irrigating Ditch Co. 532 N. U.S. Highway 287, Fort Collins, CO 80524

Little Cache Ditch

Western Mobile Northern, Inc., a subsidiary of Lafarge Corporation P.O. Box 2187, Fort Collins, CO 80522

Overland Trail Diversion Structure, Taft Hill Diversion Structure, Overland Trail Res. Release 1, Overland Trail Res. Release 2, Overland Trail Res. Release 3, Overland Trail Res. Release 4, Overland Trail Res. Release 5

Water Supply and Storage Company P.O. Box 1584, Fort Collins, CO 80522

Chambers Lake, Long Draw Reservoir, Black Hollow Reservoir, Curtis Lake, Kulver Reservoir, Lindenmeier Lake, Richards Lake, WSSC Reservoirs No. 1, WSSC Reservoirs No. 3, WSSC Reservoirs No. 4, WSSC Reservoirs No. 5, WSSC Reservoirs, Grand River Ditch, Laramie-Poudre Tunnel, Skyline Ditch, Cameron Pass Ditch, Larimer County Canal

Divide Canal and Reservoir Co. P.O. Box 206, Eaton, CO 80615

Worster Reservoir

Mark A. Linder 3208 West County Road 50, Fort Collins, CO 80521

Overland Trail Reservoirs

Alvin and Florence Treiber 1724 N. Overland Trail, Fort Collins, CO 80521

Overland Trail Reservoirs

James S. and Joyce Warson 1632 N. Overland Trail, Fort Collins, CO 80521

Overland Trail Reservoirs

Kenneth C. Hilt 1429 N. Taft Hill Rd., Fort Collins, CO 80521

Overland Trail Reservoirs

Joseph S. and Ganiel A. Glass 1331 N. Taft Hill Rd. Fort Collins, CO 80521

Overland Trail Reservoirs

City of Fort Collins P.O. Box 580, Fort Collins, CO, 80522

Ft. Collins Waste Water Plant 1, Fort Collins Waste Water Plant 2, City of Fort Collins Pipeline

Boxelder Sanitation District P.O. Box 1518, Fort Collins, CO 80522

Boxelder Sanitation District

City of Greeley 1100 10th Street, Greeley, CO 80631

Seaman & Enlargement, City of Greeley Pipeline

Larimer and Weld Irrigation Company P.O. Box 206, Eaton, CO 80615

Larimer and Weld Canal

Colorado State University C/O Office of General Counsel, 202 Administration Building, Fort Collins, CO, 80522

Colorado State University System, College Lake

03CW423 Johnson and Edwards Ditch Company, c/o Tom Gill, 15335 U.S. Highway 6, Merino, Colorado 80741, C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. Application for Surface Water Rights, IN MORGAN AND WASHINGTON COUNTIES. 2. Name of Structure: Johnson and Edwards Recharge and Storage Project. 3. Legal Description of Diversion Points: 3.1. In the SE¼ of Section 18, Township 5 North, Range 54 West of the 6th P.M., Washington County, Colorado at the diversion works of the Johnson & Edwards Ditch. 3.2. In SW ¼ Section 24, Township 5 North, Range 55 West of the 6th P.M., Morgan County, Colorado at the Prewitt inlet canal diversion works. 4. Source of Water: The South Platte River and its tributaries. 5. Date of Initiation of Appropriation: April 5, 2003. 5.1. How Appropriation Was Initiated: By Board authorization. 6. Description of Recharge: Description of Recharge: Water is diverted at the existing headgates of the ditch, Prewitt Inlet, J & E Recharge Wells m 1-4 (see ¶9) and is allowed to percolate into the underground aquifer from the Prewitt Inlet Canal, the Johnson and Edwards Ditch and its laterals for Applicant's stated beneficial uses. The water so diverted may also be delivered either above or below the ditch to facilities proximate to the ditch for the same purposes. The following initial sites have been identified. 6.1. J & E Recharge/Reservoir Site m 1: In the S½ of Section 2, Township 5 North, Range 54 West of the 6th P.M., Washington County, Colorado. Surface area of high water line: 35 acres. Total active capacity in acre feet: 280 a.f. with 0 dead storage. 6.2. J & E Recharge/Reservoir Site m 2: In the SW¼ of Section 2 and the SE¼ of Section 3, Township 5 North, Range 54 West of the 6th P.M., Washington County, Colorado. Surface area of high water line: 10 acres. Total active capacity in acre feet: 40 a.f. with 0 dead storage. 6.3. J & E Recharge/Reservoir Site m 3: In the SW¼ of Section 2 and NW¼ of Section 11, Township 5 North, Range 54 West of the 6th P.M., Washington County, Colorado. Surface area of high water line: 26 acres. Total active capacity in acre feet: 104 a.f. with 0 dead storage. 6.4. J & E Recharge/Reservoir Site m 4: In the NE¼ of Section 10 (North of US Highway 6), Township 5 North, Range 54 West of the 6th P.M., Washington County, Colorado. Surface area of high water line: 13 acres. Total active capacity in acre feet: 52 a.f. with 0 dead storage. 6.5. J & E Recharge/Reservoir Site m 5: In the NE¼ of Section 10 (South of US Highway 6), Township 5 North, Range 54 West of the 6th

P.M., Washington County, Colorado. Surface area of high water line: 7.5 acres. Total active capacity in acre feet: 22.5 a.f. with 0 dead storage. 6.6. J & E Recharge/Reservoir Site m 6: In the E½ of Section 10, Township 5 North, Range 54 West of the 6th P.M.,Washington County, Colorado. Surface area of high water line: 50 acres. Total active capacity in acre feet: 225 a.f. with 0 dead storage. 6.7. J & E Recharge/Reservoir Site m 7: In the SW¼ of Section 10 and NW¼ of Section 15, Township 5 North, Range 54 West of the 6th P.M., Washington County, Colorado. Surface area of high water line: 5 acres. Total active capacity in acre feet: 15 a.f. with 0 dead storage. 6.8. J & E Recharge/Reservoir Site m 8: In the N½ of Section 15, Township 5 North, Range 54 West of the 6th P.M.,Washington County, Colorado. Surface area of high water line: 35 acres. Total active capacity in acre feet: 210 a.f. with 0 dead storage. 6.9. J & E Recharge/Reservoir Site m 9: In the NW¼ of Section 15, Township 5 North, Range 54 West of the 6th P.M.,Washington County, Colorado. Surface area of high water line: 17 acres. Total active capacity in acre feet: 68 a.f. with 0 dead storage. 6.10. J & E Recharge/Reservoir Site m 10: In the NW¼ of Section 17 and NE¼ and SE¼ of Section 18, Township 5 North, Range 54 West of the 6th P.M.,Washington County, Colorado. Surface area of high water line: 60 acres. Total active capacity in acre feet: 360 a.f. with 0 dead storage. 6.11. J & E Recharge/Reservoir Site m 11 (Prewitt Inlet Site): In the NW¼ SW¼ of Section 15, Township 5 North, Range 54 West of the 6th P.M.,Washington County, Colorado, approximately 600 feet east of U. S. Highway 6 on the north bank of the Prewitt Inlet Canal. 7. Amount Claimed: 63.00 c.f.s., conditional. 8. Use: Augmentation, recharge, replacement, exchange and recreation. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. Application for Recharge Wells. 9. Applicant seeks a water right for each of the structures in the following table. Each location is in Logan County within the 6th P.M. The source of each is groundwater tributary to the South Platte River and each well is within 100 feet of the river. The appropriation date is based on the application for or issuance of the well permit. Applicant claims each amount conditional. The use of each well is augmentation and recharge. The proposed diversions from these structures will be for recharge in the ponds described in ¶6 or ponds to be developed. Applicant claims the use, reuse and successive uses of the water diverted for recharge purposes under the subject water rights to extinction, either directly or by exchange. m Name Permit/Receipt App Date G.P.M.&

A.F. Qtr/Qtr Sec Tnp Rng

1 Recharge 1 Pending 4/5/03 3000 SESE 7 5N 54W

2 Recharge 2 Pending 4/5/03 3000 SESW 24 5N 55W

3 Recharge 3 Pending 4/5/03 3000 NWSE 13 5N 55W

4 Recharge 4 Pending 4/5/03 3000 SWSE 4 5N 54W 10. Name and Address of Owner of the Structures: Applicant owns the Johnson and Edwards Ditch. The Prewitt Inlet Canal is owned by the Prewitt Operating Committee, P.O. Box 103, Sterling, CO 80751. 03CW424 Lower South Platte Water Conservancy District Recharge Project Water Activity Enterprise, 100 Broadway Plaza Suite 12, Sterling, Colorado 80751 (Bradley C. Grasmick, Lind, Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley, Colorado 80631) Application to Make Water Rights Absolute and for Finding of Reasonable Diligence IN SEDGWICK COUNTY. 2. Name of Structure: Liddle Ditch Recharge Project. 3. Conditional Water Right: A. Original Decree: 97-CW-108, Water

Division m 1, December 4, 1997. B. Legal Description of Diversion: The headgate of the Liddle Ditch, located in Section 5, Township 11 North, Range 45 West of the 6th P.M., Sedgwick County, Colorado. C. Source: The South Platte River and its tributaries. D. Appropriation Date: February 4, 1997. E. Amount: 26 c.f.s, Conditional. F. Use: Augmentation, artificial recharge, replacement and exchange for irrigation, commercial, industrial, recreational, municipal and domestic purposes and wildlife, wildlife recovery and recreation. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. The structures to be augmented will include those on the updated list of structures attached as Exhibit A and any other structures which have contracts under Applicant’s recharge project water activity enterprise. 4. Description of Project: Water is diverted at the existing headgate of the Liddle Ditch through the ditch and is allowed to percolate into the underground aquifer for Applicant’s stated beneficial uses. The water is also diverted to a recharge site located in the SW 1/4 of Section 1, Township 11 North, Range 45 West of the 6th P.M., Sedgwick County, Colorado. A map is attached as Exhibit B. (The “Liddle Recharge and Thrasher Recharge Sites”). The water may also be delivered either above or below the ditch to facilities proximate to the ditch for the same purposes. 5. Claim to Make Absolute: Applicant diverted the subject water right in priority into the Liddle Ditch Recharge Site and the Thrasher Recharge site, and placed the water to beneficial use during the years 1997 through 2003. On April 11, 2003 a maximum combined flow rate of 7.0 c.f.s. was diverted into the Liddle Recharge and Thrasher Recharge sites. This water was delivered to the respective recharge sites and was allowed to percolate into the underground aquifer for applicant’s stated uses. 6. Action Taken Toward Completion of Remaining Conditional Appropriation: During the diligence period Applicant diverted water, when available, for the Project. Additionally, from 1998 to 2003, Applicant expended approximately $14,000.00 in operating the Project. 7. Applicant seeks a decree making 7.0 c.f.s absolute for augmentation, artificial recharge, replacement and exchange for irrigation, commercial, industrial, recreational, municipal, and domestic purposes, and wildlife, wildlife recovery and recreation, and making a finding of reasonable diligence for the remaining conditional portion of the appropriation. 2003CW425 James H. Biestek and Susan F. Biestek, 1559 Kerr Gulch Road, Evergreen, Colorado 80439, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Biestek Well No. 1 (Permit No. 042004-F). 2. Legal Description of the Well: The Well is located in the NE 1/4 SE 1/4 of Section 21, Township 4 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 2,205 feet North of the South Section line and 100 feet West of the East Section line

of said Section 21. It can also be described as being located on Lot 5, Block 2 of the Pinedale Ranch Subdivision. 3.A. Source of Water: Ground water which is tributary to Kerr Gulch, Bear Creek and the South Platte River. 3.B. Depth of Well: 120 feet. Date of Appropriation: January 22, 1993. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and the filing of this Application. 4.C. Date Water Applied to Beneficial Use: July 1, 1994. 5. Amount Claimed: 15 gallons per minute, Absolute. 6. Uses: Ordinary household purposes inside a single family dwelling, the watering of livestock and domestic animals, the irrigation of lawns and gardens and fire protection purposes. 7. Names and Address of Owners of Land and on which the Well is Located: James H. and Susan Biestek, as described above. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structure to be Augmented: Biestek Well No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. James H. Biestek and Susan F. Biestek ("Biesteks") have entered into a contract with North Fork Associates, LLC to purchase 1.1 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 1.1 shares represent the right to receive 0.034 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

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

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

Appropriation Priority MMRC

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

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will also be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. 37-92-103(9), 302(1)(2) and 305(8): a. The Biesteks are the record owners of Lot 5, Block 2 of the Pinedale Ranch Subdivision. The property consists of approximately 11 acres and is located in the NE 1/4 SE 1/4 of Section 21, Township 4 South, Range 71 West, 6th P.M., Jefferson County, Colorado. b. The Biestek Well No. 1 was constructed pursuant to the plan for augmentation decreed in Case No. W-8684-77. Use of water from the Well pursuant to that augmentation plan is limited to in-house purposes within a single family residence. The Biesteks desire to expand the use of water from the well to include

horse watering and limited outside irrigation. c. A total of two horses or equivalent livestock may be boarded on site. In addition, 500 square feet of lawn grass or equivalent flowers and gardens may be irrigated. If less than two horses or equivalent livestock are boarded, the water that would otherwise be used by such animal(s) may be used to irrigate lawn grass or flowers and gardens. Water requirements for horses are assumed to be 10 gallons per animal per day. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for flowers and gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water required for the expanded purposes is projected to be no more than approximately 0.034 of an acre foot per year. d. All of the water supplied to horses or equivalent livestock is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of flowers and gardens is 0.4 of an acre foot per acre. Maximum stream depletions are not anticipated to exceed 0.034 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. g. Since the point of depletion associated with water use from the Biestek Well No. 1 is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, the Biesteks assert an appropriative right of substitute supply and exchange pursuant to C.R.S. 37-80-120 and 37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado; thence up Bear Creek to its confluence with Kerr Gulch in the NE 1/4 SW 1/4 of Section 36, Township 4 South, Range 71 West, 6th P.M.; and thence up Kerr Gulch to the point where depletions from the Biestek Well No. 1 impacts Kerr Gulch in the NE 1/4 SE 1/4 of Section 21, Township 4 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Kerr Gulch, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of December 30, 2003, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. b. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. c. Meadowview Reservoir: Evergreen Memorial Park, Inc., 26624 North Turkey Creek Road, Evergreen, Colorado 80439. d. Structures described in Paragraph No. 1: James F. and Susan F. Biestek, as above described. WHEREFORE, the Biesteks 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 Biesteks also request a determination that the well described herein can be operated to water horses and irrigate vegetation without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Biesteks further request the entry of an Order directing the State Engineer to issue a permit for the expanded use of the subject well if requested by the Biesteks. (8 pages). 2003CW426 East Valley Water and Sanitation District, c/o Schroder Management Co., LLC, District Manager, 7475 E. Peakview Avenue, Bldg. 10, Englewood, Colorado 80111. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. IN ARAPAHOE COUNTY. 2. Names of Structure to be Augmented: East Valley Water and Sanitation District Well No. 2-2144-F. Well No. 2-2144-F is located in the SE 1/4 SW 1/4 of Section 19, Township 5 South, Range 66 West, 6th P.M., Arapahoe County, Colorado. It can also be described as being located on Lot 1, Block 8, Algonquin Acres Subdivision, at a point 41 feet South of the North lot line and 41 feet West of the East lot line of said Lot 1. 3. Water Rights to be Used for Augmentation Purposes: a. Return flows from East Valley Water and Sanitation District Well No. 1-2098-F. i. From Previous Decrees: Dates Entered: December 12, 1984, January 22, 1988, October 31, 1994 and January 4, 2000. Case Nos.: 80CW312 (W-3571-72), 94CW010 and 99CW021. Court: District Court for Water Division 1. ii. Type of Water Right: Nontributary underground water. iii. Legal Description of Points of Diversion: The nontributary water right decreed to the East Valley Water and Sanitation District Well No. 1-2098-F is diverted from two wells, referred to herein as the Carson Well and the Jordan Well. The Carson Well was drilled pursuant to Permit No. 2098-F and is located in the SE 1/4 SW 1/4, Section 19, Township 5 South, Range 66 West, 6th P.M., Arapahoe County, Colorado, at a point approximately 729 feet North of the South Section line and approximately 1,750 feet East of the West Section line of said Section 19. The Carson Well can be more particularly described as being located on Lot 1 of Block 8, Algonquin Acres Subdivision, Arapahoe County, Colorado, at a point 45 feet South of the North lot line and 41 feet West of the East lot line of said Lot 1. The Jordan Well was drilled pursuant to Permit No. 37092-F, and is located approximately 800 feet to the North of the Carson Well on Tract A of Block 1 of Algonquin Acres Filing No. 2, formerly known as a portion of Lot 1 of Block 7 of the Algonquin Acres subdivision. iv. Source: Nontributary ground water from the Denver and Arapahoe aquifers of the Denver Basin. v. Amount: 0.556 cubic feet per second (250 gallons per minute), with an average annual volume of water allowed to be pumped of 183 acre feet. vi. Appropriation Date: April 30, 1959. vii. Decreed Use: Domestic and irrigation purposes. Lands irrigated include lawns, gardens and open areas in an 80 acre subdivision known as Algonquin Acres, located in the SW 1/4, Section 19, Township 5 South, Range 66 West, 6th P.M., and a seven acre subdivision known as Country Club Estates, located in the NW 1/4 of Section 19, Township 5 South, Range 66 West, 6th P.M. b. Historic Use: Water diverted under the East Valley Water and Sanitation District Well No. 1-2098-F water right is not subject to administration according to the priority system by the State water administration officials. Pursuant to the Decree entered in Case No. 80CW312, East Valley has the right to capture, use and reuse all return flows from the Carson

and Jordan Wells. 4. Statement of Plan for Augmentation, Covering all Applicable Matters Under C.R.S. 37-92-103(9), 302(1), (2) and 305(8): a. East Valley is a special district and a quasi-municipal corporation of the State of Colorado. East Valley currently provides municipal water service to approximately 100 single family homes in the Algonquin Acres and Country Club Estates subdivisions. The subdivisions encompass approximately 87 acres within the W 1/2 of Section 19, Township 5 South, Range 66 West, 6th P.M., Arapahoe County, Colorado. b. East Valley currently utilizes the Jordan Well, the Carson Well and Well No. 2-2144-F to meet customer demands. c. The source of water for Well No. 2-2144-F is ground water from the Dawson Aquifer of the Denver Basin. The Well was decreed as being tributary to Cherry Creek in Case No. W-3571-72. The decreed rate of diversion is 30 gallons per minute. However, the Well can be operated in excess of 75 gallons per minute. d. Wastewater from all in-building uses of water by homes in the Algonquin Acres subdivision is treated by individual non-evaporative septic tank soil absorption systems. Wastewater from all in-building uses of water by homes in the Country Club Estates subdivision is treated at a central mechanical type treatment facility operated by the Arapahoe County Water and Wastewater Authority. Return flows from Algonquin Acres residences are assumed to be ninety percent of the water delivered to each home for in-building uses. Return flows from Country Club Estates residences are assumed to be ninety-five percent of the water delivered to each home for in-building uses. The percentage of water used outside the homes that returns to the stream system are consistent with other residential subdivisions in the South Denver metropolitan area. e. Water diverted by Well No. 2-2144-F will be measured and the depletions associated with such pumping will be calculated. f. Return flows to the stream system from historic pumping of the Jordan Well and the Carson Well have reached a steady state condition. As depletions from Well No. 2-2144-F reach the stream, such depletions will be offset by nontributary return flows. Pumping from Well No. 2-2144-F will be limited so that the volume of depletions from the Well each month do not exceed the volume of return flows from the Jordan Well and the Carson Well that reach the stream system. 5. Names and Addresses of Owners of Land on which Structures are Located and upon which Water is Placed to Beneficial Use. Wells described above: East Valley, as described above. East Valley service area: Customers of East Valley owning property or residing in the Algonquin Acres and Country Club Estates subdivisions. WHEREFORE, East Valley requests the entry of a decree approving this Application for Approval of Plan for Augmentation, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights and that Well No. 2-2144-F can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. (5 pages). 03CW427 Pioneer Water and Irrigation, Inc., P. O. Box 1218, Fort Morgan, CO 80701,Telephone: (970) 867-3054. (Michael D. Shimmin, Esq., Vranesh and Raisch, LLP, POB 871, Boulder, CO 80302) Application to Amend Existing Augmentation Plan, IN MORGAN COUNTY. 2. Name of Additional Structure to Be Augmented:

a. Kembel Augmentation Well No. 1 (Permit Number 59877-F) located in the SW 1/4 SW 1/4 of Section 2, Township 3 North, Range 56 West, of the 6th P.M., Morgan County, Colorado.

b. Kembel Augmentation Well No. 2 (Permit Number 59464-F) located in the NE 1/4 NW 1/4 of

Section 14, Township 3 North, Range 56 West, of the 6th P.M., Morgan County, Colorado. 3. Existing Augmentation Plan and Description of Amendment:

Pioneer’s existing augmentation plan was decreed in Case No. 81CW407, Water Court for Water Division 1, and is attached as Exhibit A. That decree provides for the replacement of out-of-priority stream depletions for wells in the Pioneer service area through recharge to the aquifer at various sites. In addition, Pioneer has a pending water court application in Case No. 01CW283 that describes additional sources of augmentation credits to replace out-of-priority depletions, and a pending water court application in Case No. 02CW349 to amend the list of wells augmented by its augmentation plan. By this application, Pioneer seeks to further amend its augmentation plan in the following manner: 1) Add the Kembel Augmentation Wells described in Paragraph 2 above to the list of wells for which its augmentation plan will replace out-of-priority stream depletions; and 2) Add the Kembel Augmentation Wells as sources of augmentation water to be used in its augmentation plan. Water pumped from the Kembel Augmentation Wells is available to Pioneer for use as augmentation water pursuant to contracts with James Scott Kembel (aka Scott Kembel and James Kembel) and Joyce Kembel, copies of which are attached as Exhibits B and C (“Kembel Contracts”), and pursuant to Well Permit Nos. 59877-F and 59464-F, copies of which are attached as Exhibits D and E. Pursuant to the Kembel Contacts, Kembel delivers water pumped from the well to Pioneer, which it then delivers to the South Platte River to replace out-of-priority stream depletions from the wells covered by Pioneer’s augmentation plan. In addition, the Kembel Contracts obligate Pioneer to replace all out-of-priority stream depletions to the South Platte River that are attributable to pumping this augmentation water purchased by Pioneer (which is also required to comply with term and condition No. 4 listed in the Kembel Augmentation Well Permit No. 59877-F). Term and condition No. 3 of the Kembel Augmentation Well Permit No. 59877-F requires that Pioneer amend its augmentation plan if it intends to use the Kembel Augmentation Well as a replacement water source past December 31, 2003 (which is one purpose of this application). Well Permit No. 59464-F specifically refers to use of this well for replacement purposes by the Upper Platte and Beaver Canal Company. The Kembel Contracts require Kembel to obtain the necessary modifications to this well permit to allow use of this well for replacement purposes by Pioneer. Pioneer intends to use water pumped from the Kembel Augmentation Wells as long term sources to replace out-of-priority stream depletions attributable to any of the wells augmented by its augmentation plan, as amended by the application in Case No. 02CW349, and the Kembel Augmentation Wells. In addition, Pioneer intends to replace out-of-priority stream depletions attributable to the Kembel Augmentation Wells from any of the available augmentation sources authorized by Case No. 81CW407, including the recharge sites decreed in Case No. 81CW407, and supplemented by the additional recharge sites identified in Case No. 01CW283.

4. Data for Kembel Augmentation Wells: Out-of-priority stream depletions for the Kembel Augmentation Wells will be calculated using the

following data for administration:

Well Permit No. Location SDF (Days)

59877-F SW 1/4 SW 1/4 Sec. 2, T3N, R56W 1300 59464-F NE 1/4 NW 1/4 Sec. 14, T3N, R56W 2750

5. No Other Changes in Existing Augmentation Plan:

No other changes to Pioneer’s augmentation plan are requested, and all of the terms and conditions in the existing augmentation plan (Case No. 81CW407) will remain the same, as supplemented by the additional water rights and augmentation sources described in Case No. 01CW283, and including the additional wells to be augmented as described in Case No. 02CW349.

6. Name and Address of Owners: Well Permit Nos. 59877-F and 59464-F are owned by: James Scott Kembel Joyce Kembel 17450 Beaver Creek Dr. Brush, CO 80723 2003CW428 Parker Water and Sanitation District, c/o Frank P. Jaeger, Manager, 19801 East Mainstreet, Parker, Colorado 80134 (303) 841-4627 (Robert F. T. Krassa, KRASSA & MILLER, LLC, 1680 - 38th Street, Suite 800, Boulder, CO 80301, tel. 303-442-2156) APPLICATION FOR SURFACE AND WATER STORAGE RIGHTS IN MORGAN, LOGAN AND WASHINGTON COUNTIES. PART I - SURFACE WATER RIGHTS. 2. Names of Structures and legal description of points of diversion (maps may be inspected at office of the clerk of this court): a. Parker Prewitt Intake, in the SE/4SW/4 Section 24, T. 5 North, R. 55 West of the 6th P.M. in Morgan County, at a point 1470 feet from the west line and 520 feet north of the south line of said Section 24. b. Parker Iliff Intake: in the SE/4NW/4 Section 25, T 9 North, Range 52 West of the 6th P.M. in Logan County, at a point 2310 feet from the west line and 2100 feet from the North line of said Section 25. c. Parker Powell Intake: in the NW/4SE/4 Section 1, T. 9 North, R. 51 West of the 6th P.M. in Logan County at a point 1580 feet from the east line and 2500 feet from the south line of said Section 1. 3. Source: South Platte River 4. A. Date of initiation of appropriation: August 1981 B. How appropriation was initiated: engineering report identifying availability of water, confirmed and ratified by subsequent actions. C. Date water applied to beneficial use: not applicable (conditional). 6. Amount claimed: 250 cfs at each of the said locations, conditional 7. Use or proposed use: this water will be transported via suitable stream channels, reservoirs, pumps and pipelines for all municipal purposes of Parker Water and Sanitation District including domestic, industrial, commercial, manufacturing, stock watering, recreational, piscatorial, fish and wildlife, fire protection, street washing, hydroelectric power production, and will also be used for exchange, replacement, and augmentation at any location where it is physically available. Parker will use and re-use water diverted under the subject rights to extinction. Parker's present service area is in parts of T.6 S. R.65 W., T. 6 S. R. 66 W., T. 6 S. R.67 W., T. 7 S. R.66 W. and T. 7 S. R. 67 W., all in Douglas County. 8. Existing Facilities. Applicant intends to divert said water rights by the use of, or in the immediate vicinity of, the existing headworks, dams and other structures of the Prewitt Inlet Canal, Iliff and Platte Valley Ditch and Powell and Blair Ditch. Parker will only use such facilities to the extent, and when, it has the legal right to do so. 9. Additional facilities. Parker intends to construct such additional facilities in the vicinity of the above described points of diversion as may be necessary to divert all of the water claimed herein. 10. Names and addresses of owners upon which any structure is or will be located. a. The Prewitt Inlet Canal and the diversion works thereof are believed to be owned by the following as tenants in common: Iliff Irrigation District, PO Box 333, Sterling, CO 80751; Logan

Irrigation District, PO Box 333, Sterling, CO 80751; Morgan-Prewitt Reservoir Company, c/o Prewitt Operating Committee, PO Box 333, Fort Morgan, CO 80701; The area around the diversion works of the Prewitt Inlet Canal may be owned by Victor J. and Margie J. Quint, 35997 Highway 6, Hillrose, CO 80733. b. The diversion works of the Iliff and Platte Valley Ditch are believed to be owned by Iliff and Platte Valley Ditch Company, c/o Leo Stieb, President, 24153 Road 55, Iliff, CO 80736. The land around said diversion works is believed to be owned by: Gerald L. Walker, 22752 Highway 138, Sterling, CO 80751. c. The diversion works of the Powell & Blair Ditch are believed to be owned by: Proctor Water Company, c/o Russell N. Johnson, Acting Secretary, PO Box 1723, Sterling, CO 80751. The lands around said diversion works are believed to be owned by: Charles P. Woods, et al., 600 Grant Street, Suite 620, Denver, CO 80203. 11. Remarks. None. PART II - APPLICATION FOR WATER STORAGE RIGHTS. 12. Name of reservoir: Prewitt Reservoir. 13. Legal description of location of reservoir: Prewitt Reservoir is located in all or parts of Sections 1, 2, 10, 11, 12, 13, 14 and 15 in T. 5 North, Range 54 West of the 6th P.M. and in parts of Sections 5, 6 and 7 in T. 5 North, Range 53 West of the 6th P.M., in Washington County, and in part of Section 31, T. 6 North, R. 53 W of the 6th P.M. and part of Section 36, T. 6 North, R.54 West of the 6th P.M. in Logan County. 14. Name, capacity and point of diversion of ditch used to fill reservoir: Prewitt Reservoir is an off stream reservoir fed by the Prewitt Inlet Canal which diverts water from the South Platte River at the location described above for the Parker Prewitt Intake. The capacity of said canal is 695 cfs, which is the flow rate which may be used to fill the water storage right claimed herein. 15. Source: South Platte River. 16. A. Date of Appropriation: August 1981. B. How appropriation was initiated: engineering report identifying availability of water, confirmed and ratified by subsequent actions. C. Date water applied to beneficial use: not applicable (conditional). 17. Amount claimed: 28,600 acre feet, conditional. 18. Use: this water will be transported via suitable stream channels, reservoirs, outlet canals, pumps and pipelines for all municipal purposes of Parker Water and Sanitation District including domestic, industrial, commercial, manufacturing, stock watering, recreational, piscatorial, fish and wildlife, fire protection, street washing, hydroelectric power production and will also be used for exchange, replacement, and augmentation at any location where it is physically available. Parker will fill and refill when this water storage right is in priority, and will use and re-use water diverted to storage under the subject rights to extinction. Parker's present service area is in parts of T.6 S. R.65 W., T. 6 S. R. 66 W., T. 6 S. R.67 W., T. 7 S. R.66 W. and T. 7 S. R. 67 W., all in Douglas County. 19. Dimensions and capacity of reservoir. According to records of the State Engineer, Prewitt reservoir is restricted to gage height 26.5 feet above the outlet, at which height the capacity is 28,600 acre feet and the surface area is 2321 acres. Applicant reserves the right to enlarge this reservoir as needed to fully utilize the water storage right described herein. 20. Total capacity of reservoir: According to records of the State Engineer, the dam crest is at gage height 35.5 feet at which the capacity is 51,318 acre feet. 21. Owner: Iliff Irrigation District, PO Box 333, Sterling, CO 80751; Logan Irrigation District, PO Box 333, Sterling, CO 80751; Morgan-Prewitt Reservoir Company, c/o Prewitt Operating Committee, PO Box 333, Fort Morgan, CO 80701. 22. Remarks: Parker will only use lands and existing facilities to the extent, and when, it has the legal right to do so. 2003CW429 Parker Water and Sanitation District, c/o Frank P. Jaeger, Manager, 19801 East Mainstreet, Parker, Colorado 80134 (303) 841-4627 (Robert F. T. Krassa, KRASSA & MILLER, LLC, 1680 - 38th Street, Suite 800, Boulder, CO 80301, tel. 303-442-2156) APPLICATION FOR SURFACE AND WATER STORAGE RIGHTS IN DOUGLAS COUNTY. PART I - SURFACE WATER RIGHTS. 2. Names of Structures and legal description of points of diversion (maps may be inspected at office of the clerk of this court): a. Parker Highline Intake. In the NW/4SE/4 Section 33, T. 6 South, R.69 West of the 6th P.M. in Douglas County, at a point 1520 feet from the east line, and 1680 feet from the south line, of said Section 33. b. Parker Chatfield Intake. The nominal point of diversion is in the NW/4SE/4 Section 1, T. 6 South, R.69 West of the 6th P.M. in Douglas County, at a point 1630 feet from the east line, and 2520 feet from the south line of said Section 1, being the point at which the dam of Chatfield reservoir intersects the former channel of the South Platte River. The actual point of diversion will be at such point on the dam or shore of Chatfield Reservoir at which the United States permits such intake facilities to be constructed. The normal pool of Chatfield Reservoir is in parts of

Sections 1, 11, 12, and 14 of T. 6 South, Range 69 West of the 6th P.M. and parts or Sections 6 and 7 of T. 6 South, Range 68 West of the 6th P.M., in Douglas and Jefferson Counties. 3. Source: South Platte River. 4. A. Date of initiation of appropriation: August 1981. B. How appropriation was initiated: engineering report identifying availability of water, confirmed and ratified by subsequent actions. C. Date water applied to beneficial use: not applicable (conditional). 6. Amount claimed: 500 cfs at each of the said locations, conditional. 7. Use or proposed use: this water will be transported via suitable stream channels, reservoirs, pumps and pipelines for all municipal purposes of Parker Water and Sanitation District including domestic, industrial, commercial, manufacturing, stock watering, recreational, piscatorial, fish and wildlife, fire protection, street washing, hydroelectric power production, and will also be used for exchange, replacement, and augmentation at any location where it is physically available. Parker will use and re-use water diverted under the subject rights to extinction. Parker's present service area is in parts of T.6 S. R.65 W., T. 6 S. R. 66 W., T. 6 S. R.67 W., T. 7 S. R.66 W. and T. 7 S. R. 67 W., all in Douglas County. 8. Existing Facilities. Applicant intends to divert said water rights by the use of, or in the immediate vicinity of, the existing headworks, dams and other structures of the Highline Canal and Chatfield Reservoir. Parker will only use such facilities to the extent, and when, it has the legal right to do so. 9. Additional facilities. Parker intends to construct such additional facilities in the vicinity of the above described points of diversion as may be necessary to divert all of the water claimed herein. 10. Names and addresses of owners upon which any structure is or will be located. a. Denver Board of Water Works, Denver Water Administration Building, 1600 W. 12th Ave., Denver, CO 80204-3412; b. US Army Corps of Engineers, 9307 South Wadsworth Blvd., Littleton, CO 80128; 11. Remarks. None. PART II - APPLICATION FOR WATER STORAGE RIGHTS. 12. Name of reservoir: Chatfield Reservoir 13. Legal description of location of dam (see also attached map): in the NW/4SE/4 Section 1, T. 6 South, R.69 West of the 6th P.M. in Douglas County, at a point 1630 feet from the east line, and 2520 feet from the south line of said Section 1, being the point at which the dam of Chatfield reservoir intersects the former channel of the South Platte River. 14. Source: South Platte River 15. A. Date of Appropriation: August 1981. B. How appropriation was initiated: engineering report identifying availability of water, confirmed by subsequent actions. C. Date water applied to beneficial use: not applicable (conditional). 16. Amount claimed: 20.000 acre feet conditional. 17. Use: the stored water will be transported via suitable stream channels, reservoirs, pumps and pipelines for all municipal purposes of Parker water and Sanitation District including domestic, industrial, commercial, manufacturing, stock watering, recreational, piscatorial, fish and wildlife, fire protection, street washing, hydroelectric power production and will also be used for exchange, replacement, and augmentation at any location where it is physically available. Parker will fill and refill when this water storage right is in priority, and will use and re-use water diverted to storage under the subject rights to extinction and may further store such water in other facilities. Parker's present service area is in parts of T.6 S. R.65 W., T. 6 S. R. 66 W., T. 6 S. R.67 W., T. 7 S. R.66 W. and T. 7 S. R. 67 W., all in Douglas County. 18. Surface area of high water line: 4822 acres. A. Maximum height of dam: 147 feet. B. Length of dam: 13,136 feet. 19. Total capacity of reservoir: 355,000 acre feet. 20. Owner: US Army Corps of Engineers, 9307 South Wadsworth Blvd. Littleton, CO 80128. 21. Remarks: Parker will only use lands or existing facilities to the extent, and when, it has the legal right to do so. Parker may remove its stored water from Chatfield reservoir at any point on the dam or shore thereof as permitted by the United States. Parker may also remove its stored water by releasing it at the outlet facilities of Chatfield Reservoir and taking such water out of the outlet channel or the South Platte River downstream of said facilities. 2003CW430 Parker Water and Sanitation District, c/o Frank P. Jaeger, Manager, 19801 East Mainstreet, Parker, Colorado 80134 (303) 841-4627 (Robert F. T. Krassa, KRASSA & MILLER, LLC, 1680 - 38th Street, Suite 800, Boulder, CO 80301, tel. 303-442-2156) APPLICATION FOR SURFACE AND WATER STORAGE RIGHTS IN LOGAN COUNTY. PART I - SURFACE WATER RIGHTS. 2. Names of Structures and legal description of points of diversion (see also attached maps): a. Corral Creek Diversion, in the NW/4SW/4 Section 14, T. 10 North, Range 50 West of the 6th P.M. in Logan County, at a point on the west line and 1360 feet north of the south line of said Section 14. b. Skinner Draw Diversion, in the NE/4SW/4 Section 21, T. 10 North, Range 50 West of the 6th P.M. in Logan County, at a point 1360

feet from the south line and 1640 feet from the west line of said Section 21. 3. Source: a. Corral Creek Diversion: Corral Creek. b. Skinner Draw Diversion: Skinner Draw. corral Creek and Skinner Draw are not hydrologically tributary to the South Platte River system. 4. A. Date of initiation of appropriation: June 1, 2001. B. How appropriation was initiated: acquisition of farm properties and studies of water availability. C. Date water applied to beneficial use: not applicable (conditional). 6. Amount claimed: 10 cfs at each of the said locations, conditional. 7. Use or proposed use: irrigation or supplemental irrigation of approximately 1500 acres of land owned by Applicant in Sections 14, 21, 22, 23, 26, 27 and 28, T. 10 North, R. 50 West of the 6th P.M. in Logan County, stock watering, recreational, piscatorial, fish and wildlife, hydroelectric power production, for exchange, replacement, and augmentation, including the right to use and re-use water diverted under the subject rights to extinction. 8. Applicant owns the land upon which any structure is or will be located. 9. Remarks. None. PART II - APPLICATION FOR WATER STORAGE RIGHTS. 12. Names of reservoirs: Pond 1 and Pond 2. 13. Legal description of location of reservoirs (both in T. 10 North, Range 50 West of the 6th p.M. in Logan County): Pond 1 is in the NW/4NW/4 Section 23 at a point 750 feet from the north line and 1000 feet from the west line of said Section 23. Pond 2 is in the NE/4NW/4 Section 28 at a point 400 feet from the North line and 2300 feet from the west line of said section 28. 14. Name, capacity and point of diversion of ditches used to feed reservoirs: Corral Creek Diversion and Skinner Draw Diversion as described above, 10 cfs capacity each. 15. Source: Pond No. 1: Corral Creek; Pond No. 2: Skinner Draw. 16. A. Date of initiation of appropriation: June 1, 2001. B. How appropriation was initiated: acquisition of farm properties and studies of water availability. C. Date water applied to beneficial use: not applicable (conditional). 17. Amount claimed: 30 acre feet, conditional, for each pond. 18. Use: irrigation or supplemental irrigation of approximately 1500 acres of land owned by Applicant in Sections 14, 21, 22, 23, 26, 27 and 28, T. 10 North, R. 50 West of the 6th P.M. in Logan County, stock watering, recreational, piscatorial, fish and wildlife, hydroelectric power production, for exchange, replacement, and augmentation, including the right to fill and refill when this water storage right is in priority, and the right to use and re-use water diverted to storage under the subject rights to extinction. 19. Dimensions and capacity of reservoirs: Name Surface Area Max Ht of Dam Length of Dam Capacity Pond 1 10 acres 10 feet 400 feet 30 AF Pond 2 10 acres 10 feet 400 feet 30 AF 20. Owner: Applicant 03CW431 THE PEOPLE OF THE STATE OF COLO., ex rel. HAROLD SIMPSON, State Engineer, and JAMES HALL, Division Engineer for Water Div. No. 1 v. JACK WORTHING; BERTHA WORTHING; MICHAEL VAUGHN, individuals. Complaint for Injuctive Relief, Costs and Penalty. 2003CW432 ORPHAN WELLS OF WIGGINS AND STATE BOARD OF LAND COMMISSIONERS, 1. Applicants: Orphan Wells of Wiggins, LLC, P.O. Box 132,Wiggins, CO 80654, (970) 483-7838, State Board of Land Commissioners,1313 Sherman Street, Room 621,Denver, CO 80203, (303) 866-3454, through Frederick A. Fendel, III, PETROCK & FENDEL, P.C. 700 17th Street, Suite 1800, Denver, CO 80202 (303) 534-0702, Application for Underground Water Right, IN MORGAN COUNTY. 2. Structure: OWW Well No. 1, located the NE¼NW¼, Sec 16, T4N, R60W, 6th PM, Morgan County, at approximately UTM coordinates 13576258 E and 4463255 N, 1927 North American datum. 3. Description of Water Right. 3.1. Point of diversion: OWW Well No. 1; 3.2. Amount: 5000 gpm conditional; 3.3Priority date: December 30, 2003; 3.4. Source: Groundwater tributary to the South Platte River; 3.5. Use & manner of use: Irrigation, commercial, domestic, and by augmentation of well diversions for irrigation, commercial, domestic uses; 3.6 Appropriation initiated by intent to appropriate, application to the State Board of Land Commissioners for lease of the well site and related interests, production of engineering studies, retention of counsel and filing of this application. OWW Well No. 1 will be located sufficiently close to the South Platte River to be administered under its own priority without consideration of out of priority depletions or a plan for augmentation. Land Owner: State Board of Land Commissioners. The water right claimed will be owned by the State of Colorado, and administered by the State Board of Land Commissioners. WHEREFORE, Applicants request a conditional water right for the well, all as described above, and for such other and further relief as appears proper.

03CW433 RIVER VIEW ESTATES, LLC, c/o Stanford Real Estate, LLC, 3555 Stanford Road, # 204, Fort Collins, CO 80525, (970) 226-1414. Please send all pleadings related to this matter to counsel for Applicant: David A. Bailey, Carver Kirchhoff Schwarz McNab & Bailey, LLC, 1600 Stout Street, Suite 1700, Denver, Colorado 80202, Phone: 303-893-1827, Fax: 303-893-1829. Application for Water Storage Right, IN WELD AND LARIMER COUNTIES. Name and description of water storage right: The River View Seepage Pond, which is located in the S½SW¼, Section 30, T. 5 N., R. 67 W., 6th P.M., approximately 225 feet north of the South Section Line of said Section 30 and 1,350 feet east of the West Section Line of said Section 14 (see the maps attached application). The source of the water right is drainage and seepage water arising, flowing on to and accumulating on Applicant’s property, which is diverted through two unnamed tributaries of the Big Thompson River at a claimed rate not to exceed 3.0 cfs each. The points of diversion of these two tributaries on Applicant’s property are located: (a) in the SW¼SW¼ of Section 30, T. 5 N., R. 67 W., 6th P.M., approximately 995 feet east of the West section line and 116 feet north of the South section line; and (b) in the SE¼SW¼ of Section 30, T. 5 N., R. 67 W., 6th P.M., approximately 1,798 feet east of the West section line and 78 feet north of the South section line. The capacity of the pond and the amount claimed herein is 25.0 acre-feet, conditional. The date of appropriation claimed herein is November 30, 2003, which is the date by which Applicant submitted certain site plans to Weld County in connection with the zoning of the property. The water right will be used for irrigation of approximately 12 acres of Applicant’s property (also located in S½SW¼, Section 30, T. 5 N., R. 67 W., 6th P.M.), augmentation, replacement and exchange, recreational, and fish and wildlife propagation. The surface area of the high water line is 2.7 acres. The pond will be excavated to a depth above the groundwater table and no dam will be constructed. Applicant claims the right to fill and refill the pond at all time when it is priority. Name and address of owners of the land on which the structure will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. WHEREFORE, Applicants requests that the Court enter a decree adjudicating the River View Seepage Pond as more particularly described above. 03CW434 Susan D. Tinder And Tolland Falls Investments,LLC, 581 Tolland Drive, Castle Rock, CO 80108, Timothy R. Buchanan, Karen M. Holmes, Timothy R. Buchanan, P.C., 7703 Ralston Road, Arvada, CO 80002, (303) 431-9141). Application For Ground Water Rights In The Not Nontributary Lower Dawson, Denver And Arapahoe And Nontributary Laramie-Fox Hills Aquifers, IN DOUGLAS COUNTY. 2. Determination of Water Rights. Applicant seeks a determination of its rights to ground water in the Arapahoe, Denver, Lower Dawson, and Laramie-Fox Hills Aquifers underlying approximately 111 acres located within that portion of the property described in Exhibit A as it lies in Section 33, Township 7 South, Range 68 West and Section 4, Township 8 South, Range 68 West of the 6th P.M, that property being more fully described in Exhibit A attached herein and hereinafter referred to as “the Property.” 3. Location of wells: Applicant requests the right to locate the wells at any point within the boundaries of the Property described in Exhibit A, without the necessity of filing an amendment to this application, republishing, or petitioning the Court for the opening of any decree hereafter entered. See 2 CCR 402-7, Rule 11. 4.A. Source: The ground water in the Denver Aquifer, Arapahoe Aquifer, and Lower Dawson Aquifer, as they underlie the boundaries of the property, is not nontributary ground water as defined by Section 37-90-103(10.7), C.R.S., and as defined by 2 CCR 402-6, Rule 5.The ground water in the Laramie-Fox Hills Aquifer underlying the boundaries of the property, is nontributary ground water as defined by Section 37-90-103(10.5), C.R.S., and as defined by 2 CCR 402-6, Rule 5. B. Depth: The depth to fully penetrate the Denver Aquifer is estimated to be 470. The depth to fully penetrate the Arapahoe Aquifer is estimated to be 830 feet. The depth to fully penetrate the Lower Dawson Aquifer is estimated to be 120 feet. The depth to fully penetrate the Laramie-Fox Hills Aquifer is estimated to be 1970 feet. The depths will vary according to the actual topographic location of the well and the depth of the aquifer. 5.A. Date of appropriation: Not applicable. B. How appropriation was initiated: Not applicable. C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: The quantities of ground water described below are estimated quantities and the Applicant requests that this Court retain jurisdiction pursuant to Section 37-92-305(11), C.R.S., for the purpose of adjusting the annual amount of withdrawal decreed from the Denver, Arapahoe, Lower Dawson, and Laramie-Fox Hills Aquifers, as they underlie the property, to

conform to actual local aquifer characteristics determined from well drilling or test holes. A. Denver Aquifer: The estimated average number of feet of saturated aquifer materials in the Denver Aquifer underlying the property is 300 to 350 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Denver Aquifer is 17%. Based on the overlying acreage of approximately 111 acres and an aquifer life of 100 years, the average annual amount of withdrawal from the Denver Aquifer is estimated to be 51 acre-feet. Each well constructed to withdraw water from the Denver Aquifer shall be an alternate point of diversion for each other well in the in the Denver Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Denver Aquifer herein through any combination of wells drilled into the Denver Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. B. Arapahoe Aquifer: The estimated average number of feet of saturated aquifer materials in the Arapahoe Aquifer underlying the property is 240 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Arapahoe Aquifer is 17%. Based on the overlying acreage of 111 acres and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 45 acre-feet. Each well constructed to withdraw water from the Arapahoe Aquifer shall be an alternate point of diversion for each other well in the Arapahoe Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Arapahoe Aquifer herein through any combination of wells drilled into the Arapahoe Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. C. Lower Dawson Aquifer: The estimated average number of feet of saturated aquifer materials in the Lower Dawson Aquifer underlying the property is 25 to 50 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Lower Dawson Aquifer is 20%. Based on the overlying acreage of 111 acres and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 11.1 acre-feet. Each well constructed to withdraw water from the Lower Dawson Aquifer shall be an alternate point of diversion for each other well in the Lower Dawson Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Lower Dawson Aquifer herein through any combination of wells drilled into the Lower Dawson Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. Laramie-Fox Hills Aquifer: The estimated average number of feet of saturated aquifer materials in the Laramie-Fox Hills Aquifer underlying the property is 160 feet. Pursuant to 2 CCR 402-6, Rule 6, the specific yield of the Laramie-Fox Hills Aquifer is 15%. Based on the overlying acreage of 111 acres and an aquifer life of 100 years, the average annual amount of withdrawal is estimated to be 27 acre-feet. Each well constructed to withdraw water from the Laramie-Fox Hills Aquifer shall be an alternate point of diversion for each other well in the Laramie-Fox Hills Aquifer, and Applicant requests the right to annually withdraw the total acre-feet requested from the Laramie-Fox Hills Aquifer herein through any combination of wells drilled into the Laramie-Fox Hills Aquifer. Applicant further requests the right to construct such additional wells as may be required to maintain the annual appropriation determined herein. 7. Proposed use: Applicant proposes to apply the water withdrawn from the Denver, Arapahoe, Lower Dawson, and Laramie-Fox Hills Aquifers to for all beneficial purposes including the following: municipal, domestic, industrial, commercial, irrigation, livestock watering, fish and wildlife, fire protection and sanitary purposes including reuse and successive uses until such water has been entirely consumed. The water may be used through immediate application to beneficial uses, for storage and subsequent application to beneficial uses, for exchange purposes, for replacement of depletions and for augmentation purposes. 8. Name and address of owner of land on which wells will be located: Susan D. Tinder, 581 Tolland Drive, Castle Rock, CO 80108; Tolland Falls Investments, LLC, 581 Tolland Drive, Castle Rock, CO 80108. 9. Remarks: A. The allowed annual amount of withdrawal may exceed the allowed average annual amount of withdrawal as long as the total volume of water withdrawn from each aquifer does not exceed the product of the number of years since the date of entry of a decree in this case, times the allowed average annual amount of withdrawal. 2 CCR 402-7, Rule 8.A. B. The ground water will be withdrawn at a pumping rate consistent with sound engineering principles and practices. Construction and equipping of the well will be pursuant to the following conditions: 1. Ground water production from each well will be limited to the aquifer into which the well is drilled. Plain, non-perforated casing will be installed and properly grouted so as to prevent withdrawal of water from more than one aquifer. 2. A totalizing flow meter will be installed on the pump discharge prior to diversion of water beneficial uses. 2 CCR 402-7, Rule 15. Annual records of all diversions will be maintained by the well owner and submitted to the Division Engineer upon request. 3. Each well will be equipped so

that the water level may be measured and monitored. 4. The bore hole of each well below the surface casing will be geophysically logged prior to installation of final casing in conformance with the Statewide Nontributary Ground Water Rules. 2 CCR 402-7, Rule 9. C. Well permit applications will be filed with the Colorado Division of Water Resources (“State Engineer”) at such time as the Applicant is ready to drill the wells described herein. Applicant requests a determination and order that the State Engineer shall issue well permits in accordance with the decree entered herein. Applicant further requests a determination that should Applicant fail to construct any well prior to the expiration of the corresponding well permit, Applicant may reapply to the State Engineer for a new well permit and the State Engineer shall issue a new permit identical to the expired well permit. D. Applicant asserts that the water rights that are the subject of this application are not “conditional water rights”, as that term is defined by Section 37-92-103(6), C.R.S., but are water rights determined by Section 37-90-137, C.R.S. Therefore, Applicant requests that the Court enter an order finding and determining that Applicant shall not be required to file applications for findings of reasonable diligence for the water rights that are the subject of this application. E. Withdrawal of ground water from the Laramie-Fox Hills Aquifer will be subject to the relinquishment of 2% of the amount of water withdrawn as required by Section 37-90-137(9)(b), C.R.S., and by 2 CCR 402-6, Rule 8. WHEREFORE, Susan D. Tinder and Tolland Falls Investments, LLC respectfully request that this Court enter a decree: 1. Approving the Application for Underground Water Rights in the Not Nontributary Denver Aquifer, Arapahoe Aquifer, and Lower Dawson Aquifer, and Application for Underground Water Rights in the Nontributary Laramie-fox Hills Aquifer as described herein; and 2. Retaining jurisdiction, as necessary, pursuant to Section 37-92-305(11), C.R.S., for the purpose of adjusting the annual amount of withdrawal decreed from the Not Nontributary Denver, Arapahoe, and Lower Dawson Aquifers and the Nontributary Laramie-Fox Hills Aquifer underlying the property described herein to conform to actual local characteristics determined from well drilling or test holes. (7 pages and exhibit 3 pages). 03CW435 John and Ronda Monheiser, John and Ronda Monheiser, 30171 County Road 75, Crook, CO 80726 (Timothy R. Buchanan, Timothy R. Buchanan, P.C., 7703 Ralston Road, Arvada, CO 80002, (303) 431-9141), Application For Approval Of Plan For Augmentation, Including Application For Conditional Surface Water Rights, IN LOGAN COUNTY. Application For Conditional Surface Water Rights. 2. Name of structure: Laune Ditch Recharge Water Right 3. Legal description of point of diversion: At a point on the north bank of Knowle Spring Run whence the Southeast corner of Section 31, Township 11 North, Range 49 West bears South thirty-eight degrees, twenty eight minutes east, 2130 feet. 4. Source: Knowle Spring Run, tributary to the South Platte River. 5. Appropriation information: a. Date of initiation of appropriation: March 1, 2002 b. How appropriation was initiated: By the applicants’ formation of intent to appropriate additional ground water recharge rights. 6. Amount Claimed:5.0 CFS, Conditional. 7. Proposed Use: The water diverted into the Laune Ditch shall be used in the plan for augmentation described in this application and for domestic, industrial, commercial, irrigation, stockwatering, recreation, fish and wildlife purposes, and fire protection and all other beneficial uses. The water will be delivered to recharge facilities to augment the aquifer and replace out-of-priority depletions caused by the applicant’s use of irrigation wells. The water will be fully consumed during the first use of the water, recaptured and reused, substituted and exchanged for other water until the water is fully consumed. Any excess replacement to the South Platte River not used by the applicant may be sold or leased to well owners for the augmentation of structures described in Case Nos. 2002CW363 and 2003CW208 or any other parties for use in a plan for augmentation or substitute water supply plan. 8. Name and address of owners of the land upon which any structure is or will be located, and upon which water will be placed to beneficial use: John and Ronda Monheiser, 30171 County Road 75, Crook, CO 80726.Application For Approval Of Plan For Augmentation. 9. Statement of plan for augmentation: The plan for augmentation contemplates replacement of depletions associated with operation of the wells described in this application, and such additional wells as may be constructed in the future on the terms and conditions described in this application and a decree entered by the Court. Water will be diverted under the Laune Ditch Water Right and used for delivery to recharge facilities located in the East ½ of the Southwest 1/4 of Section 32, Township 11 North, Range 49 West of the 6th Principal Meridian for augmentation, irrigation and other beneficial uses. In addition, the owners of the structures to be augmented under this plan (the "well owners") also own stock in the Harmony Ditch

Company (“Harmony”), which has an application for approval of a plan for augmentation pending in Case No. 02CW363, and are members of Lower Logan Well Users, Inc.(“Lower Logan”), which also has an application for approval of a plan for augmentation pending in Case No. 03CW208. Pursuant to agreements between the well owners and Harmony and Lower Logan, the well owners may use fully consumable water delivered to the South Platte River by Harmony or Lower Logan under the terms of the applications pending in Case Nos. 02CW363 and 03CW208 in the District Court in and for Water Division No. 1. Additionally, unused augmentation water from this plan will be leased to the owners of structures included in the applications filed in Case Nos. 02CW363 and 03CW208 pursuant to the augmentation plans pending therein, or to other water users for use as replacement in decreed plans for augmentation or substitute water supply plans. 10. Structures to be augmented: The following structures are also included in the application filed in Case No. 02CW363. The water rights claimed herein will be beneficially used as a supplemental source of augmentation for these structures: NAME: Josephine, John and Robert Monheiser ADDRESS: P.O. Box 51, Crook, CO 80276. WELL PERMIT NO.: RO1066.DECREE NO.: W-3277. DECREE DATE: February 13, 1974.STRUCTURE NAME: Monheiser Well 1-1066 (Monheiser Well 2-1065), STRUCTURE LEGAL DESCRIPTION: Located in the Northwest 1/4 of the Northwest 1/4 of Section 15, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Irrigation of 270 acres in the North1/2 of Section 15, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 2.22. APPROPRIATION DATE: December 31, 1952. SDF: 70. NAME: Josephine, John and Robert Monheiser. ADDRESS:P.O. Box 51, Crook, CO 80276. WELL PERMIT NO.: 16063R (RF690). DECREE NO.: W-3277. DECREE DATE: February 13, 1974. STRUCTURE NAME: Monheiser Well 3-16063R. STRUCTURE LEGAL DESCRIPTION: Located in the Southeast 1/4 of the Southeast 1/4 of Section 11, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Irrigation of 104 acres in the East ½ of the Southeast 1/4, and the Southeast Quarter of the Northeast 1/4 of Section 11, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 3.16. APPROPRIATION DATE: December 31, 1935. SDF: 150. NAME: Josephine, John and Robert Monheiser. ADDRESS:P.O. Box 51, Crook, CO 80276. WELL PERMIT NO.: 10791R. DECREE NO.: W-3277. DECREE DATE: February 13, 1974. STRUCTURE NAME: Monheiser Well 4-10791. STRUCTURE LEGAL DESCRIPTION: Located in the Southwest 1/4 of the Southeast 1/4 of Section 10, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Irrigation of land in the Southeast ½ of Section 10 and the Southeast ½ of Section 15, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 3.33. APPROPRIATION DATE: December 31, 1932. SDF: 125. NAME: Josephine, John and Robert Monheiser. ADDRESS: P.O. Box 51, Crook, CO 80276. WELL PERMIT NO.: 520RR. DECREE NO.: W-3957. DECREE DATE: October 6, 1975. STRUCTURE NAME: Snyder Well No. 0520. STRUCTURE LEGAL DESCRIPTION: Located in the Northeast 1/4 of the Northeast 1/4 Section 16, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Agricultural irrigation of land in the Northeast 1/4 of Section 16; the South ½ of Section 10; and North ½ of Section 15, all in Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 1.3. APPROPRIATION DATE: June 20, 1935. SDF: 25. NAME: Josephine, John and Robert Monheiser. ADDRESS: P.O. Box 51, Crook, CO 80276. WELL PERMIT NO.: 400R. DECREE NO.:W-555. DECREE DATE: September 22, 1971. STRUCTURE NAME: Weigel Well 1-400. STRUCTURE LEGAL DESCRIPTION: Located in the Southwest 1/4 of the Southeast 1/4 of Section 10, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Irrigation on the Southwest 1/4 of the Southeast 1/4 of Section 10, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 2.78. APPROPRIATION DATE: 1934. SDF: 110. NAME: Josephine, John and Robert Monheiser. ADDRESS: P.O. Box 51, Crook, CO 80276. WELL PERMIT NO.: 2575F. DECREE NO.: W798. DECREE DATE: October 18, 1971.STRUCTURE NAME: Kaiser Well 1-2575-F. STRUCTURE LEGAL DESCRIPTION: Located in the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Irrigation of 110 acres located in the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 3.3407. APPROPRIATION DATE: August 1, 1955. SDF: 45. NAME: Josephine, John and Robert Monheiser. ADDRESS: P.O. Box 51, Crook, CO 80276. WELL PERMIT NO.: 2576RF. DECREE NO.: W798. DECREE DATE: October 18, 1971. STRUCTURE NAME: Kaiser Well 2-2576-F. STRUCTURE LEGAL DESCRIPTION: Located in the Southwest 1/4 of the Northwest 1/4

of Section 12, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Irrigation of land located in the Northwest 1/4 of Section 12, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 2.23. APPROPRIATION DATE: 1938. SDF: 125. NAME: Robert and Bethany Monheiser. ADDRESS: 41815 County Road 58.5, Crook, CO 80726. WELL PERMIT NO.: 4540F. DECREE NO.: W-538. DECREE DATE: September 10, 1971. STRUCTURE NAME: Well No. 1-4540F. STRUCTURE LEGAL DESCRIPTION: Located 600 feet south and 1820 feet east of the Northwest 1/4 corner, Section 14, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Irrigation of North ½ of Section 14, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 2.666. APPROPRIATION DATE: August 7, 1963. SDF: 70. NAME: Robert and Bethany Monheiser. ADDRESS: 41815 County Road 58.8, Crook, CO 80726. WELL PERMIT NO.: 13968F (RF 710). DECREE NO.:W-538. DECREE DATE: September 10, 1971. STRUCTURE NAME: Well No. 2-13968F. STRUCTURE LEGAL DESCRIPTION: Located 2200 feet north and 2500 feet west of the Southeast 1/4 corner, Section 12, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Irrigation of 140 acres located on the Southeast 1/4 of Section 12 , Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado and Section 7, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO. CFS: 4.44. APPROPRIATION DATE: 1935. SDF: 80. NAME: John and Robert Monheiser and Jim Horner. ADDRESS: 41815 County Road 58.5, Crook, CO 80726. WELL PERMIT NO.: 2215F. DECREE NO.: W-2203. DECREE DATE: February 4, 1975. STRUCTURE NAME: Well No. 3-2215F. STRUCTURE LEGAL DESCRIPTION: Located in the Southwest 1/4 of the Southeast 1/4 of Section 11, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO at a point 10 feet North and 2650 East of the Southwest Corner of said Section 11. IRRIGATED LAND DESCRIPTION: Irrigation of approximately 120 acres in the Southeast 1/4 and the Southwest 1/4 of Section 11, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 3.33. APPROPRIATION DATE: May 1, 1935. SDF: 110. NAME: Jim Horner; John and Robert Monheiser. ADDRESS: 41815 County Road 58.5, Crook, CO 80726. WELL PERMIT NO.: 2771F(RF562). DECREE NO.: W-2203. DECREE DATE: February 4, 1975. STRUCTURE NAME: Well No. 2-2271F, also known as Meyerholtz Well 2-2771F. STRUCTURE LEGAL DESCRIPTION: Located in the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO, at a point 25 feet North and 300 feet East of the Southwest Corner of said Section 11. IRRIGATED LAND DESCRIPTION: Irrigation of approximately 160 acres including a small parcel north of the applicant's ditch in the Northwest 1/4 of the Northwest 1/4 of Section 14 and a part of the West ½ of the Southwest 1/4 of Section 11, all in Township 10 North, Range 49 West of 6th P.M., Logan County, CO. CFS: 3.33. APPROPRIATION DATE: September 23, 1960. SDF: 100. NAME: Jim Horner; John and Robert Monheiser . ADDRESS: 41815 County Road 58.5, Crook, CO 80726. WELL PERMIT NO.: 10423RR. WELL PERMIT DATE: April 18, 1997. DECREE NO.: W-2203. DECREE DATE: February 4, 1975. STRUCTURE NAME: Well No. 1-10423-F. STRUCTURE LEGAL DESCRIPTION: Located in the Northeast 1/4 of the Northwest 1/4 of Section 14, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado, at a point 200 feet South and 1340 feet East of the Northwest Corner of said Section 14. IRRIGATED LAND DESCRIPTION: Irrigation of approximately 80 acres including a small parcel north of the applicant's ditch in the Northeast 1/4 of the Northwest 1/4 of Section 14 and a part of the East ½ of the Southwest 1/4 of Section 11, all in Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. CFS: 3.33. APPROPRIATION DATE: August 1, 1954. SDF: 85. The following structures are included in the applications filed in Case Nos. 02CW363 and 03CW208. The water rights claimed herein will be beneficially used as a supplemental source of augmentation for these structures: NAME: Robert and Bethany Monheiser. ADDRESS:41815 County Road 58.5, Crook, CO 80726. WELL PERMIT NO.: 11126RF. DECREE NO.: W-1172-73. DECREE DATE: September 21, 1976. STRUCTURE NAME: Smyth Well No. R11126. STRUCTURE LEGAL DESCRIPTION: Decree location is 2200 feet north and 2500 feet west of the Southeast 1/4 corner, Section 12, Township 10 North, Range 50 West of the 6th P.M., Logan County, CO, and actual location is in the Northwest 1/4 of the Southeast 1/4 of Section 13, Township 10 North, Range 50 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Irrigation of the East ½ of Section 13, Township 10 North, Range 50 West of the 6th P.M., Logan County, CO, South of the Harmony No. 2 Ditch containing approximately 200 acres. CFS: 2.45. APPROPRIATION DATE: August 1, 1956. SDF: 460. NAME: Robert and Bethany Monheiser. ADDRESS: 41815 County Road 58.5, Crook,

CO 80726. WELL PERMIT NO.: 19808F. DECREE NO.: W-7258-77. DECREE DATE: September 28, 1979. STRUCTURE NAME: Smyth Well No. 1-019898-F. STRUCTURE LEGAL DESCRIPTION: Located in the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 10 North, Range 50 West of the 6th P.M., Logan County, CO, at a point approximately 2,000 feet north and approximately 1,400 feet West of the SE Corner of said Section 13. IRRIGATED LAND DESCRIPTION: Irrigation of 260 acres located in the East ½ of Section 13, Township 10 North, Range 50 West of the 6th P.M. and the North ½ and the North ½ of the South ½ of Section 18, Township 10 North, Range 49 West of the 6th P.M. in Logan County, CO. CFS: 2.46. APPROPRIATION DATE: April 13, 1972. SDF: 460. 11. Water rights to be used for augmentation: Laune Ditch Recharge Water Right, described in this application. 12. Historic Use: The Laune Ditch Recharge Water Right is a new water right, to be beneficially used as described in this application.. 13. Description of Plan for Augmentation: The Applicant proposes to operate the plan for augmentation on the same terms and conditions as requested by The Harmony Ditch Company in Case No. 2002CW363, and as may ultimately be decreed by the Court. The Applicant reserves the right to propose alternative methodologies in this proceeding based on information developed during this case. However, the general terms and conditions of the plan for augmentation will be consistent with the following: a. Each owner of irrigation wells will be required to report on or before May 1 of each year the type of crops and number of acres of each crop to be planted and the number of acres of each such crop to be irrigated by flood irrigation and by sprinklers in the upcoming irrigation season for lands to be irrigated by each well. b. The amount of water pumped from each well used for irrigation included in this application will be measured by use of a flowmeter. The net ground water consumption shall be calculated for flood irrigation and for sprinkler irrigation. All such pumping measurements shall be recorded on at least a monthly basis. All meters shall be totalizing flow meters and shall be properly maintained so as to assure reasonable accuracy. c. On or before May 30 of each year, a computer analysis will be made to project the net effect on the South Platte River in the upcoming year resulting from the prior and projected pumping and from prior recharge operations. For purposes of projecting the pumping, the average of historical pumping from the date of this application shall be used to project pumping for the upcoming irrigation season. Each month the analysis and projection will be updated and reported to the Division Engineer using the actual consumptive use and recharge data. d The amount of water recharged to the alluvial aquifer at each of the recharge sites will be determined by measuring the amount of water released to each site or facility, subtracting the amount of water which flowed out of or was discharged from that site or facility, and subtracting the amount of water that was lost to evaporation from that site or facility. Recharge sites used in this plan shall have the necessary measuring devices to make such measurements on a daily basis. Records of such recharge supply to each site will be maintained on a monthly basis and reported to the Division Engineer. Evaporation losses from the recharge sites will be calculated on the basis of the average water surface area for each month, the length of time of such evaporation and evaporation data obtained from a weather station. e. The effects on the South Platte River resulting from the consumptive use of water pumped from wells or from recharge pursuant to this plan, will be calculated by means of the stream depletion factor (SDF) concept developed by the U. S. Geological Survey (Jenkins) and by means of a digital computer program based upon the SDF method. The SDF values for each of the wells and recharge sites which are a part of this plan were determined from the U.S. Geological Survey Publication entitled "Hydrogeologic Characteristics of the Valley Fill Aquifer in the Julesburg Reach of the South Platte River Valley, Colorado" and are described above. 14. Name and address of owner of the land on which structures are located and upon which water will be placed to a beneficial use: John and Ronda Monheiser, 30171 County Road 75, Crook, CO 80726. WHEREFORE, the Applicant requests that the Court grant this application and enter a decree in conformance therewith. (13 pages)

03CW436 Charles Church McKay, c/o Church Ranch, 10050 Wadsworth Boulevard, Westminster, CO 80021,Phone Number: (303) 469-1873. (Timothy J. Flanagan, Esq., Fowler, Schimberg & Flanagan, P.C., 1640 Grant Street, Suite 300, Denver, CO 80203, (303) 298-8603) Application for Conditional Water Storage Right, IN JEFFERSON COUNTY.

2. NAME OF RESERVOIR:

The Church/McKay Reservoir will consist of one or more water storage cells in a reclaimed clay and gravel pit.

3. LOCATION:

A. Legal Description: The Church/McKay Reservoir will be located in Section 9, Township 2 South, Range 70 West of the 6th P.M. in Jefferson County, Colorado.

B. Points of Diversion:

1. Upper Church Ditch headgate which is located in the SE quarter of the NW quarter of Section 18, Township 2 South, Range 70 West of the 6th P.M. with capacity of 18.11 cfs from Coal Creek.

2. McKay Ditch headgate which is located in the NW quarter of the SW quarter of Section 18, Township 2 South, Range 70 West of the 6th P.M. with capacity of 102.6 cfs from Coal Creek.

3. Boulder Creek Diversion Canal with a capacity of 500 cfs from South Boulder Creek.

4. The Church/McKay Reservoir Well Field, which has not yet been constructed, is planned to pump groundwater from structures to be located around the perimeter of the Church/McKay Reservoir and will be located within Section 9, Township 2 South, Range 70 West of the 6th P.M. in Jefferson County, Colorado.

4. SOURCE FOR RESERVOIR:

Water tributary to the South Platte River system. (Coal Creek drainage tributary to Boulder Creek tributary to South Platte River.)

5. PRIORITY:

A. Date of Appropriation: December 31, 2003.

B. How Appropriation was Initiated: Filing of Application in Water Court.

C. Date Water Applied to Beneficial Use: Not applicable.

6. AMOUNT CLAIMED:

A. Church/McKay Reservoir: 8,200 acre-feet (conditional) with right of fill and refill.

B. Church/McKay Reservoir Well Field: Well Field with any combination of wells with a total capacity of 15 cfs (conditional). An estimated six wells will be required.

7. PROPOSED USE:

The water stored in the Church/McKay Reservoir will be used directly or by exchange for irrigation, agricultural, commercial, municipal, and all industrial uses including but not limited to mining, processing, manufacturing, industrial, irrigation, recreation, piscatorial, lake and reservoir evaporation, augmentation and replacements including exchanges with other water uses. The Applicant seeks the right to fully consume such water stored under these water rights by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition to the point of extinction.

8. SIZE OF THE RESERVOIR:

A. Surface Area: 310 acres.

B. Maximum Depth: 100 feet.

9. TOTAL CAPACITY OF RESERVOIR:

A. Active capacity: 8,200 acre-feet.

B. Dead storage: -0- acre-feet.

10. NAME AND ADDRESS OF OWNER OF LAND ON WHICH STRUCTURE FOR THE WATER RIGHT IS LOCATED:

A. The Upper Church Ditch is owned and operated by the City of Broomfield, 300 Community Park Drive, Broomfield, Colorado 80020.

B. The McKay Ditch is owned and operated by the City of Broomfield, 300 Community Park Drive, Broomfield, Colorado 80020.

C. The Boulder Creek Diversion Canal is owned and operated by the Denver Water Board of the City and County of Denver, 1600 West 12th Avenue, Denver,

Colorado 80204.

D. The land surface in the East Half of the West Half of Section 9 and the East Half of Section 9, Township 2 South, Range 70 West of the 6th P.M. was acquired

by the United States of America by condemnation. The area is administered by the Department of Energy, c/o Rocky Flats Field Office, 10808 Highway 93, Unit A, Golden, Colorado 80403-8200, Attention: Realty Officer. The subsurface estate and water rights are owned by the Applicant in all of Section 9; the Applicant also owns in fee

the West Half of the West Half of Section 9, Township 2 South, Range 70 West of the 6th P.M. in Jefferson County, Colorado

11. REMARKS:

A. Attached is a general location map of the facilities that are the subject of this Application.

B. This property is currently being mined in accordance with a permit granted by Jefferson County (Special Use Permit Nos. M-79, M-87, and M-87 West End) for sand and gravel by LaFarge and for clay by Lakewood Brick & Tile Co.

C. An impermeable liner will be installed by the Applicant to meet the requirements of the State Engineer's Guidelines for the Lining of Gravel Pits (August 1999).

D. The Applicant does not currently have the right to convey water through the Upper Church Ditch, the McKay Ditch or the Boulder Creek Diversion

Canal and will not do so until carriage agreements are obtained from the respective owners of those facilities

2003CW437 Orphan Wells of Wiggins, LLC, P.O. Box 132, Wiggins, CO 80654, (970) 483-7838, through Frederick A. Fendel, III, PETROCK & FENDLE, P.C., 700 17th Street, Suite 1800, Denver, CO 80202 2. APPLICATION FOR UNDERGROUND WATER RIGHT, IN WELD COUNTY. Structure: OWW Well No. 2, located the NE¼SW¼, Sec 13, T4N, R61W, 6th PM, Weld County, at approximately UTM coordinates 13576259 E, 4463254 N, 1927 North American datum. 3. Description of Water Right. 3.1 Point of diversion: OWW Well No. 2; 3.2 Amount: 5000 gpm conditional; 3.3 Priority date: December 31, 2003; .4 Source: Groundwater tributary to the South Platte River; 3.5 Use & manner of use: Irrigation, commercial, domestic, and by augmentation of well diversions for irrigation, commercial, domestic uses; 3.6 Appropriation initiated by intent to appropriate, negotiation with the land owner for lease of the well site and related interests, engineering studies, retention of counsel and filing this application. OWW Well No. 2 will be located sufficiently close to the South Platte River to be administered under its own priority without consideration of out of priority depletions or a plan for augmentation. Land Owner: LeRoy D. Smith 208 Morgan County Road V.8 Orchard, CO 86649, WHEREFORE, Applicant requests a conditional water right for the well, all as described above, and for such other and further relief as appears proper. 03CW438 FAIRPLAY DEVELOPMENT COMPANY, LLC, APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE, IN PARK COUNTY. 1. Name, address, and telephone number of Applicant: Fairplay Development Company, LLC, P.O. Box 790, Breckenridge, CO 80424 (970) 547-9587 (James J. Petrock, Esq., Petrock & Fendel,.P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Name of structures to be augmented: Well 1 as permitted in Well Permit No. 203253 and located in the NW1/4SW1/4 of Section 3, T11S, R77W of the 6th P.M., approximately 1480 feet from the south and 900 feet from the west section lines of said Section 3, as shown on Attachment A. The well is located on an approximately 5.13 acres of land, being Lot 34, Four Mile Fishing Club, and is currently permitted for household use only. By this application, Applicant requests to add limited irrigation use to the existing well. The source of the well is Four Mile Creek, tributary of the Middle Fork of the South Platte River. 3. Water rights to be used for augmentation: Applicant is the owner of 11 acre-feet of the 21.82 acre-feet of historic consumptive use water associated with 1 cfs of water in the Guiraud 3T Ditch as changed in Case No. W-7610, District Court, Water Division 1. The amount of consumptive use water which is to be used in this application is 0.25 acre-feet of the 11 acre-feet owned by Applicant. The Guiraud 3T Ditch was decreed October 18, 1889, with appropriation date of July 1, 1867, in District Court for Park County. Consumptive use water is available when the Guiraud 3T Ditch right is in priority at the headgate of the Guiraud 3T Ditch located on the right bank of the Middle Fork of the South Platte River in the NE1/4 of Section 8, T11S, R76W of the 6th P.M. Consumptive use water can also be stored by exchange as approved in Case No. W-7610 in the Cottage Grove Reservoir located in the NW1/4 of Section 19, T9S, R77W of the 6th P.M. Applicant owns the right to storage of 3.2 acre-feet in the Cottage Grove Reservoir. 4. Description of plan for augmentation and exchange: Applicant propose to use water through Well 1 for inhouse use and irrigation use in a green house. Under this plan for augmentation and exchange, Applicants will divert the water rights subject to this plan when out of priority year-round. The well will be limited to 0.52 acre-feet per year for inhouse use (0.3 acre-feet) and

irrigation year round in a greenhouse (0.22 acre-feet). Applicant reserves the right to amend these uses without amending this application or republishing the same. Consumptive use is estimated to be 10% of inhouse use via a nonevaporative septic system (0.03 acre-feet), and irrigation use water will be 100% consumed (0.22 acre-feet). Total monthly depletions will be approximately 0.02 acre-feet. When the Guiraud 3T Ditch consumptive use water is in priority, Applicant requests an appropriative right of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), C.R.S., from the headgate of the Guiraud 3T Ditch described above, down the Middle Fork of the South Platte River to the confluence of the Middle Fork and South Fork of the South Platte River in Section 14, T12S, R75W, thence up the South Fork and Four Mile Creek to the point of depletion at the location of the well. The exchange will be administered with a priority date of December 31, 2003, at a maximum rate of flow of 0.02 cfs. When the Guiraud 3T Ditch consumptive use water is not in priority, Applicant will release consumptive use water previously stored in the Cottage Grove Reservoir pursuant to Case No. W-7610. Due to the small stream depletion projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one release from storage of short duration. 6. Name of owner of land on which the points of diversion are located: Applicant. WHEREFORE, Applicant prays that this Court enter a decree granting the application requested herein and finding that out of priority diversion and use of Applicant’s well under the plan for augmentation and exchange requested herein will prevent injury to owners and users of vested and conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. 03CW439 E. Suzanne Mowery, 30611 County Road 89, Crook, CO 80726 (Timothy R. Buchanan, TIMOTHY R. BUCHANAN, P.C., 7703 Ralston Road, Arvada, CO 80002, (303) 431-9141), APPLICATION FOR APPROVAL OF PLAN OF AUGMENTATION, INCLUDING APPROPRIATION OF ABSOLUTE WATER RIGHTS, IN LOGAN COUNTY. APPLICATION FOR CONDITIONAL WATER RIGHT. 2. Name of Water Right: Mowery Augmentation Water Right. 3. Name of Structure: Huss Well No. 3-10435. The Well was issued Well Permit No. 10435-R, and was the subject of a decree entered in Case No. W-4286 on September 11, 1975 by the District Court in and for Water Division No. 1. 4. Legal Description of Each Point of Diversion: The decreed location is in the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO at a point 60 feet North and 2660 feet East of the Southwest Corner of the Southeast 1/4 of the Northwest 1/4 of said Section 7. The well is located within one hundred feet of the surface flow of the South Platte River, and pumping of the well will have an instantaneous depletion to the South Platte River. 5. Source: South Platte River. 6. Date of initiation of appropriation: June 1, 2003. 7. How appropriation was initiated: By determination of Applicant to proceed with this application. 8. Date water applied to beneficial use: The water was first diverted for the purposes described herein on December 30, 2003. 9. Amount claimed: 2.25 c.f.s., Absolute. 10. Use or Proposed Use: The water claimed herein will be used for domestic, industrial, commercial, irrigation, stockwatering, recreation, fish and wildlife purposes and fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water will be fully consumed during the first use of the water, or recaptured and reused until the water is fully consumed. If the water is used for irrigation, the water will be used for irrigation of land that may be served by the Harmony Ditch. 11. Name and Address of Owner of Land on Which Point of Diversion is Located: The Well is located on land owned by E. Suzanne Mowery, 30611 County Road 89 Crook, CO 80726. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING RIGHTS OF SUBSTITUTION AND EXCHANGE. 12. Statement of Plan for Augmentation: The plan for augmentation contemplates replacement of depletions associated with operation of the wells described in this application, and such additional wells as may be constructed in the future on the terms and conditions described in this application and a decree entered by the Court. Water will be diverted under the Mowery Augmentation Water Right and used for (1) direct delivery for irrigation and other beneficial uses, or (2) carried in or delivered to recharge facilities described in this application. The water delivered to the recharge facilities shall be used to augment the depletions to the South Platte River associated with well pumping from the structures described in this application. The Applicant owns land within the service area of The Harmony Ditch Company, The Harmony Ditch Company No. 2 and other ditches and may use the water

delivered to the recharge facilities to replace depletions to the South Platte River caused by wells owned by the Applicant and others contracting with the Applicant for replacement of depletions to the South Platte River. 13. Description of Structures to be Augmented: The structures to be augmented include the following structures described in the application pending in Case No. 2002CW363 in the District Court in and for Water Division No. 1: NAME: Larry and E. Suzanne Mowery. ADDRESS:30611 County Road 89, Crook, CO 80726. WELL PERMIT NO.: 24901-F. DECREE NO.: W-2247 and W-7777-74. DECREE DATE: April 24, 1973 with respect to Case No. W-2247 and September 28, 1979, with respect to Case No. W-7777-74. STRUCTURE NAME: Well No. 8. STRUCTURE LEGAL DESCRIPTION: Located in the SW1/4 of the SE1/4 of Section 34, Township 11 North, Range 48 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: 120 acres consisting of part of the SE1/4 of Section 34, Township 11 North, Range 48 West of the 6th P.M., Logan County, CO. CFS: 2.666. APPROPRIATION DATE: September 20, 1906. STREAM DEPLETION FACTOR: 80. NAME: Larry and E. Suzanne Mowery. ADDRESS: 30611 County Road 89, Crook, CO 80726. WELL PERMIT NO.: 7773-RF. DECREE NO.: W-2247 and W-7777-74. DECREE DATE: April 24, 1973 with respect to Case No. W-2247 and September 28, 1979 with respect to Case No. W-7777-74. STRUCTURE NAME: Well No. 1 - 7773-F. STRUCTURE LEGAL DESCRIPTION: Located in the NW1/4 of the NE1/4 of Section 3, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: 100 acres consisting of part of the NE1/4 of Section 3, Township 10 North, Range 48 West of the 6th P.M., and part of the Southeast 1/4 of Section 34, Township 11 North, Range 48 West of the 6th P.M., Logan County, CO. CFS: 2.222. APPROPRIATION DATE: September 10, 1911. STREAM DEPLETION FACTOR: 35. NAME: Larry and E. Suzanne Mowery. ADDRESS: 30611 County Road 89, Crook, CO 80726. WELL PERMIT NO.: 5602-F. DECREE NO.: W-2247 and W-7777-74. DECREE DATE: April 24, 1973 with respect to Case No. W-2247 and September 28, 1979, with respect to Case No. W-7777-74. STRUCTURE NAME: Well No. 3 - 5602-F. STRUCTURE LEGAL DESCRIPTION: Located in the Northwest 1/4 of the Northeast 1/4 of Section 4, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: 120 acres consisting of part of the Northeast 1/4 of Section 4, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO. CFS: 2.666. APPROPRIATION DATE: May 8, 1964. STREAM DEPLETION FACTOR: 180. NAME: Larry and Suzanne Mowery. ADDRESS: 30611 County Road 89 Crook, CO 80726. WELL PERMIT NO.: 8699R. DECREE NO.: W-2247. DECREE DATE: April 24, 1973. STRUCTURE NAME: Well No. 2-8699. STRUCTURE LEGAL DESCRIPTION: Located in the Southwest 1/4 of the Northwest Quarter of Section 4, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO. IRRIGATED LAND DESCRIPTION: Irrigation (of 52 acres per Permit) in the Northwest 1/4 of Section 4, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO. CFS: 2.266. APPROPRIATION DATE: May 7, 1947. STREAM DEPLETION FACTOR: 230. NAME: E. Suzanne Mowery. ADDRESS: 30611 County Road 89 Crook, CO 80726. WELL PERMIT NO.: 6622 F. DECREE NO.: W-1115. DECREE DATE: December 10, 1971. STRUCTURE NAME: Well No. 6622-F. STRUCTURE LEGAL DESCRIPTION: The well is located at a point whence the Northeast Corner of Section 18, Township 10 North, Range 49 West of the 6th PM bears North 25 degrees 30 minutes East 1800 Feet. IRRIGATED LAND DESCRIPTION: Irrigation of 466 acres located in the Southwest 1/4 of the Northwest 1/4 and part of the Northwest 1/4 of the Southwest Quarter North of Harmony #1 Ditch in Section 17, Township 10 North, Range 49 West of the 6th P.M., and the East ½ of Section 18 lying North of Harmony #1 Ditch in Section 18, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 4.45. APPROPRIATION DATE: January 1965. STREAM DEPLETION FACTOR: 270. NAME: E. Suzanne Mowery. ADDRESS: 30611 County Road 89 Crook, CO 80726. WELL PERMIT NO.: 9100-FR. DECREE NO.: W-4286. DECREE DATE: October 6, 1975. STRUCTURE NAME: Huss Well No. 1-9100-F. STRUCTURE LEGAL DESCRIPTION: Located in the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO, at a point 2046 feet North and 39.5 feet East of the Southwest Corner of the Southeast 1/4 of the Northwest 1/4 of Section 7. IRRIGATED LAND DESCRIPTION: Irrigation of 110 acres in a part of the West ½ of the Southwest 1/4 of Section 5, East ½ of the Southeast 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 6, and the Northeast 1/4 of the Northwest 1/4 of Section 7, all in Township 10 North, Range 48 West of the 6th P.M., Logan County, CO. CFS: 3.1. APPROPRIATION DATE: April 23, 1965. STREAM DEPLETION FACTOR: 95. NAME: E. Suzanne Mowery. ADDRESS: 30611 County Road 89 Crook,

CO 80726. WELL PERMIT NO.: 10434-R. DECREE NO.: W-4286. DECREE DATE: September 11, 1975. STRUCTURE NAME: Huss Well No. 2-10434. STRUCTURE LEGAL DESCRIPTION: Located in the Southeast 1/4 of the Northwest 1/4 of Section 7, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO, at a point 1293.6 feet North and 34 feet East of the Southwest Corner of said Southeast 1/4 of the Northwest 1/4 of the Southwest Corner of said Southeast 1/4 of the Northwest 1/4 of Section 7. IRRIGATED LAND DESCRIPTION: Irrigation of 140 acres in part of the East ½ of the Northwest 1/4, the West ½ of the Northeast 1/4 and the Northeast 1/4 of the Northeast 1/4 of Section 7, and the Southeast 1/4 of the Southeast 1/4 of Section 6, all in Township 10 North, Range 48 West of the 6th P.M., Logan County, CO. CFS: 2.65. APPROPRIATION DATE: April 10, 1946. STREAM DEPLETION FACTOR: 23. NAME: E. Suzanne Mowery. ADDRESS: 30611 County Road 89 Crook, CO 80726. WELL PERMIT NO.: 1193-R. DECREE NO.: W-1115. DECREE DATE: December 10, 1971. STRUCTURE NAME: Well No. 1193. STRUCTURE LEGAL DESCRIPTION: The well is located at a point whence the Northeast Corner of Section 18, Township 10 North, Range 49 West of the 6th P.M., bears North 74 Degrees East 700 Feet. IRRIGATED LAND DESCRIPTION: Northwest 1/4 of the Northwest 1/4 of Section 18, Township 10 North, Range 49 West of the 6th P.M., Logan County, CO. CFS: 4.45. APPROPRIATION DATE: May 1933. STREAM DEPLETION FACTOR: 360. NAME: E. Suzanne Mowery. ADDRESS: 30611 County Road 89 Crook, CO 80726. WELL PERMIT NO.: 10435-R. DECREE NO.: W-4286. DECREE DATE: September 11, 1975. STRUCTURE NAME: Huss Well No. 3-10435. STRUCTURE LEGAL DESCRIPTION: Located in the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO at a point 60 feet North and 2660 feet East of the Southwest Corner of the Southeast 1/4 of the Northwest 1/4 of said Section 7. IRRIGATED LAND DESCRIPTION: Irrigation of 90 acres in part of the East ½ of the Northeast 1/4 of Section 7 and part of the West ½ of the Northwest 1/4 of Section 8, all in Township 10 North, Range 48 West of the 6th P.M., Logan County, CO. CFS: 2.25. APPROPRIATION DATE: August 17, 1956. STREAM DEPLETION FACTOR: 0. Pursuant to agreements with the Applicant, the water may be used to augment any of the structures described in the application pending in Case No. 2002CW363, or any of the structures described in the application pending in Case No. 2003CW208, or any other structures approved by the Court. 14. Description of Groundwater Recharge Facilities: Applicant will use the following groundwater recharge facilities for recharge of the alluvial aquifer: a. Settlers Ditch: 1. Location: Water from Well Permit No. 10345R is discharged into the Settlers Ditch in the Northeast Quarter of Section 7, Township 10 North, Range 48 West of the 6th P.M., and the Settlers Ditch follows a northeasterly course to a point near the center of Section 5, Township 10 North, Range 48 West of the 6th P.M. Within the Settlers Ditch, there are several structures that will hold water for groundwater recharge purposes. 2. SDF: 130 b. Mowery Augmentation Ditch: 1. Location: From the end of the Settlers Ditch reach described above follows a course northeasterly across Section 5 and Section 4, Township 10 North, Range 48 West of the 6th P.M. and across Section 33 and Section 34, Township 11 North, Range 48 West of the 6th P.M. to a point near East Section line of Section 34, Township 10 North, Range 48 West of the 6th P.M. 2. SDF: 460. c. Mowery Ponds. 1. Owner: Larry and E. Suzanne Mowery. 2. Owner Address: 30611 County Road 89, Crook, CO 80726. 3. Location: Structures to be located in the Sections 29, 32, 33 and 34, Township 11 North, Range 48 West of the 6th P.M., Logan County, CO. 4. SDF: 500. d. Grant Ponds. 1. Owner: Joseph M. Grant Trust. 2. Owner Address: c/o Marjorie McDonnell, 1116 S. Everett Street, Lakewood, CO 80232. 3. Location: Recharge ponds located in the Northeast Corner of the Southeast Quarter of the Southeast Quarter of Section 5, Township 10 North, Range 48 West of the 6th P.M., Logan County, CO. 4. SDF: 120. The Applicant either owns each of the recharge facilities or has or will have an agreement with the landowner to use the recharge facilities. Some of the agreements with landowners provide for the landowner receiving a portion of the water delivered to the recharge facility. The water delivered to the landowners may be used for the purposes authorized by the decree entered in this case. 15. Description of Plan for Augmentation: The Applicant proposes to operate the plan for augmentation on the same terms and conditions as requested by The Harmony Ditch Company in Case No. 2002CW363, and as may ultimately be decreed by the Court. The Applicant reserves the right to propose alternative methodologies in this proceeding based on information developed during this case. However, the general terms and conditions of the plan for augmentation will be consistent with the following: a. Each owner of irrigation wells will be required to report on or before May 1 of each year the type of crops and number of acres of each crop to be planted and the number of acres of each such crop to be irrigated by flood irrigation and by sprinklers in the upcoming irrigation

season for lands to be irrigated by each well. b. The amount of water pumped from each well used for irrigation included in this application will be measured by use of a flowmeter. The net ground water consumption shall be calculated for flood irrigation and for sprinkler irrigation. All such pumping measurements shall be recorded on at least a monthly basis. All meters shall be totalizing flow meters and shall be properly maintained so as to assure reasonable accuracy. c. On or before May 30 of each year, a computer analysis will be made to project the net effect on the South Platte River in the upcoming year resulting from the prior and projected pumping and from prior recharge operations. For purposes of projecting the pumping, the average of historical pumping from the date of this application shall be used to project pumping for the upcoming irrigation season. Each month the analysis and projection will be updated and reported to the Division Engineer using the actual consumptive use and recharge data. d. The amount of water recharged to the alluvial aquifer at each of the recharge sites will be determined by measuring the amount of water released to each site or facility, subtracting the amount of water which flowed out of or was discharged from that site or facility, and subtracting the amount of water that was lost to evaporation from that site or facility. Recharge sites used in this plan shall have the necessary measuring devices to make such measurements on a daily basis. Records of such recharge supply to each site will be maintained on a monthly basis and reported to the Division Engineer. Evaporation losses from the recharge sites will be calculated on the basis of the average water surface area for each month, the length of time of such evaporation and evaporation data obtained from a weather station. e. The effects on the South Platte River resulting from the consumptive use of water pumped from wells or from recharge pursuant to this plan, will be calculated by means of the stream depletion factor (SDF) concept developed by the U. S. Geological Survey (Jenkins) and by means of a digital computer program based upon the SDF method. The SDF values for each of the wells and recharge sites which are a part of this plan were determined from the U.S. Geological Survey Publication entitled "Hydrogeologic Characteristics of the Valley Fill Aquifer in the Julesburg Reach of the South Platte River Valley, Colorado" and are described above. Nothing in this application shall prevent owners of the subject wells from subsequently petitioning the Court to remove any well or wells from this plan for augmentation or to operate said wells in accordance with a different decree of the Court. WHEREFORE, The Applicant requests that the Court grant this application and enter a decree in conformance therewith. (11 pages). 03CW440 (94CW285) CITY OF BOULDER, P. O. Box 791, Boulder, CO 80306-0791 (Veronica A. Sperling, Richard J. Mehren, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306-1440, 303-443-8782). APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT PARTIALLY ABSOLUTE, IN BOULDER COUNTY. 2. Name of structure: North Boulder Farmers Return Flow Substitutions and Exchanges. 3. Describe conditional water rights giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of original decree: December 22, 1997; Case number: 94CW285; Court: District Court, Water Division No. 1. B. Structures to be used in substitutions and exchanges: The structures to be used in the substitutions and exchanges, and their decreed locations, are as follows: (1) Downstream point of substitutions and exchanges (exchange-from point): Boulder Municipal Wastewater Treatment Plant Outfall: Located on Boulder Creek in the NE1/4 NW1/4 SW1/4, Section 13, Township 1 North, Range 70 West of the 6th P.M. (2) Upstream points of substitutions and exchanges on Middle Boulder Creek (exchange-to points): (a) Boulder City Pipeline #3: The pipeline intake from Barker Meadow Reservoir, located on Middle Boulder Creek at a point whence the northwest corner of Section 17, Township 1 South, Range 72 West of the 6th P.M. bears North 16Ε04' West a distance of 1,920∀ feet. (b) Barker Meadow Reservoir: Barker Meadow Reservoir is located on the mainstem of Middle Boulder Creek in the W1/2 of Section 17 and in Section 18, Township 1 South, Range 72 West of the 6th

P.M. and in the E1/2 of Section 13, Township 1 South, Range 73 West of the 6th P.M.; the location of the outlet of Barker Meadow Reservoir is approximately 438 feet east and 1,750 feet south of the northwest corner of Section 17, Township 1 South, Range 72 West of the 6th P.M. (c) Skyscraper Reservoir: Skyscraper Reservoir is located in the SW1/4 SE1/4, Section 16, Township 1 South, Range 74 West of the 6th P.M. (3) Upstream points of substitutions and exchanges on North Boulder Creek (exchange-to points): (a) Silver Lake Reservoir: Silver Lake Reservoir is located in Sections 20, 21, 28 and 29 of Township 1 North, Range 73 West of the 6th P.M. (b) Island Lake: Island Lake is located in Sections 20 and 29, Township 1 North, Range 73 West of the 6th P.M. (c) Goose Lake: Goose Lake is located in Sections 19 and 30, Township 1 North, Range 73 West of the 6th P.M. (d) Lake Albion: Lake Albion is located in Section 18, Township 1 North, Range 73 West of the 6th P.M. (e) Green Lakes Reservoir #1: Green Lakes Reservoir #1 is located in Section 18, Township 1 North, Range 73 West of the 6th P.M. (f) Green Lakes Reservoir #2: Green Lakes Reservoir #2 is located in Section 18, Township 1 North, Range 73 West of the 6th P.M. (g) Green Lakes Reservoir #3: Green Lakes Reservoir #3 is located in Section 18, Township 1 North, Range 73 West of the 6th P.M. C. Decreed location of substitution and exchange reaches: The substitution and exchange reach on Boulder Creek/Middle Boulder Creek is between the outfall of applicant’s municipal wastewater treatment plant, as described in paragraph 3.B.(1) above, and Skyscraper Reservoir, as described in paragraph 3.B.(2)(c) above. The substitution and exchange reach on Boulder Creek/North Boulder Creek is between the outfall of applicant’s municipal wastewater treatment plant, as described in paragraph 3.B.(1) above, and Goose Lake and Green Lakes Reservoir #3, as described in paragraphs 3.B.(3)(c) and 3.B.(3)(g) above. D. Source: (1) Water diverted at exchange-to points: Middle Boulder Creek for exchange-to points described in paragraph 3.B.(2) above and North Boulder Creek for exchange-to points described in paragraph 3.B.(3) above. (2) Water released at exchange-from point: Fully consumable municipal return flows from the use of North Boulder Farmers Ditch water rights pursuant to the terms of the decree in Case No. 94CW285, District Court, Water Division No. 1. E. Appropriation date: December 29, 1994. Amount: 4.5 cfs, CONDITIONAL. F. Use: All municipal purposes including, without limitation, domestic, irrigation, commercial, industrial, power generation, fire protection, recreation, fish and wildlife preservation and propagation, exchange, substitution, augmentation, replacement and recharge and for all other beneficial uses, within applicant’s service area or outside applicant’s service area for such extraterritorial customers as applicant may serve from time to time pursuant to City Charter and contracts. Such use includes the right to use, reuse and successively use, lease, sell and/or otherwise dispose of to extinction all water diverted and/or stored by substitution and exchange hereunder. G. Depth (if well): Not applicable. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The subject substitutions and exchanges are components of applicant’s unified water supply system. During the diligence period, the substitution and exchange was operated from the Boulder Municipal Wastewater Treatment Plant Outfall to Boulder City Pipeline #3. The maximum rate of operation of the substitution and exchange during the

diligence period was 2.2 cfs from June 25, 2000 through June 30, 2000. The water diverted by substitution and exchange on these dates was placed to beneficial use on June 25, 2000 through June 30, 2000. During the diligence period, applicant has continued to plan for and pursue the use of the subject substitutions and exchanges in its unified water supply system. In furtherance of such use of the subject substitutions and exchanges in its unified water supply system, applicant has during the diligence period expended in excess of $69,283,500 for acquisition and construction of new facilities and reconstruction or upgrade of existing facilities necessary to divert, treat and place water to beneficial use under the subject substitutions and exchanges. This work includes, but is not limited to, acquisition of Barker Meadow Reservoir and associated facilities from Public Service Company ($12.4 million); studies, improvements and FERC relicensing activities related to Barker Meadow Reservoir and associated facilities (approximately $3,829,492); acquisition of an easement for the Silver Lake Pipeline and a watershed area conservation easement ($7.5 million); reconstruction of the Silver Lake Pipeline which carries water from the structures described in paragraph 3.B.(3) to the Lakewood Pipeline for delivery to applicant’s Betasso Water Treatment Plant (approximately $4,533,000); reconstruction of the Lakewood Pipeline (approximately $22,542,000); design and construction of the Silver Lake Hydroelectric facility (approximately $6,150,486); design and construction of the Lakewood Hydroelectric facility (approximately $4,541,269); reconstruction of the Boulder Canyon Transmission Line from the Betasso Water Treatment Plant to applicant’s treated water distribution system (approximately $1,263,525); completion of upgrades to the Betasso Water Treatment Plant (approximately $5,785,918); reconstruction of the Goose Lake Dam (approximately $711,907); and survey, preliminary design and assessment of available local area materials for reconstruction of the Green Lakes No. 2 Dam (approximately $25,955). In addition, during the diligence period, applicant has spent in excess of $400,000 for legal and engineering services in connection with acquisition of facilities and water rights that are part of its unified water supply system and for participating as an objector in various Water Court cases to protect its water rights, including the subject substitutions and exchanges, from injury due to claims of other water users. 5. If claim to make absolute – water applied to beneficial use: A. Date: June 25, 2000 and subsequently. Amount: 2.2 cfs. Use: Municipal. B. Description of place of use where water is applied to beneficial use: Within applicant’s service area. 6. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The exchange-from and exchange-to structures are located on land owned by applicant. The land on which water is or will be placed to beneficial use is located within and outside of applicant’s service area. It is not practical to identify the names and addresses of the owners of all property within applicant’s service area or to whom applicant provides water pursuant to City Charter and contracts. WHEREFORE, applicant requests the Court to enter a decree finding and determining that applicant has exercised reasonable diligence in the development of the subject conditional water right, that the subject conditional water right has been made absolute in the amount stated in paragraph 5 above, and continuing the remaining

portion of the subject conditional water right in full force and effect for an additional diligence period. 03CW441 TOWN OF CASTLE ROCK, 100 Wilcox Street, Castle Rock, CO 80104. (Henry D. Worley, Esq., MacDougall, Woldridge and Worley, P.C., 530 Communication Circle, Suite 204, Colo Springs, CO 80905-1743. Application for Conditional Surface Water Right, IN DOUGLAS AND JEFFERSON COUNTIES. 2. Name of Structure: High Line Canal and, alternatively, Strontia Springs Dam and Reservoir and Conduit No. 26. 3. Legal description of point of diversion: The point of diversion for the High Line Canal is located 1,600 feet north of the south section line and 1,500 feet east of the west section line, in the SE1/4 NW1/4 SE1/4 Section 23, T. 6 S., R. 69 W., 6th P.M. Conduit No. 26 takes its point of diversion from the Strontia Springs Dam and Reservoir; the dam is located in the NW1/4 NW1/4 of Section 21, T. 7 S., R. 69 W. of the 6th P.M. 4. Source: South Platte River. 5. A. Date of initiation of appropriation: January 23, 2003. B. How appropriation was initiated: Castle Rock Water Resources Committee’s authorization to file this application in a meeting open to the public, on January 23, 2003. C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: 15 cfs, conditional. 7. Proposed use: Municipal and augmentation. 8. Name and address of owner of the land upon which the structures are located, and upon which the water will be placed to beneficial use. The land upon which the points of diversion for the High Line Canal and Strontia Springs Dam and Reservoir and Conduit No. 26 is owned by Denver Water Board, 1600 West 12th Avenue, Denver, CO 80204. The water to be appropriated will be used within the municipal service of the Town of Castle Rock, which is generally located in portions of Township 7 South, Ranges 66 and 67 W., and in Township 8 South, Ranges 66 and 67 West, 6th P.M. 9. Remarks. A. Applicant claims the right to fully consume the water sought to be appropriated through direct re-use after treatment and/or through use of its return flows in one or more plans for augmentation. Any such augmentation plan will require separate publication and court approval. B. Applicant does not currently have the permission of the Denver Water Board to use either the High Line Canal or the Strontia Springs Dam and Reservoir and Conduit No. 26, and acknowledges that such permission will be a prerequisite to their use. 03CW442 United Water and Sanitation District, a quasi-municipal corporation and political subdivision of the State of Colorado, acting by and through the United Water Acquisition Project Water Activity Enterprise (“United”); Colorado Water Network, LLC; and United District Water Enterprise LLC co-applicants. Robert A. Lembke 9145 East Kenyon Avenue, Suite 100, Denver, Colorado 80237, (303) 773-1005. Address correspondence to: John P. Akolt, III 80 South 27th Avenue, Brighton, CO 80601. phone: 303-659-7373. APPLICATION FOR SURFACE WATER RIGHTS, DIRECT FLOW AND STORAGE, APPLICATION FOR ALLUVIAL STORAGE RIGHTS, APPLICATION FOR APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE,APPLICATION FOR APPROVAL OF PLAN OF AUGMENTATION, IN WELD, ADAMS, ARAPAHOE AND DOUGLAS COUNTIES.

1. Name of structure:

A. United Diversion Facility No. 1. With agreement of the Riverside Irrigation District/Riverside Reservoir and Land Company (“Riverside”), at the existing headgate of the Riverside District on the North Bank of the South Platte River in the SW1/4 of the SW1/4 of Section 20, T. 5 N, R.63 West of the 6th P.M., Weld County, CO: Long: 40 decrees, 22.769 minutes North; Lat.: 104 degrees 28.125 minutes West. Absent agreement with Riverside, the United Diversion Facility No. 1 will be located on the North Bank of the South Platte River in the SW ½ of the SW 1/43 of Section 20, T 5N, R 63 West of the 6th P.M., Weld County, CO between the Riverside headgate identified above and the West Section line of Section 20, T 5 N, Range 63 West of the 6th P.M. at a location to be established within the reach identified, approximately 200 yards in extent. The United Diversion Facility No. 1 may additionally consist of one or more tributary wells or a well gallery extending roughly parallel to the South Platte River within such proximity as to have no delayed depletive effects to the River and as such may be administered as a surface water diversion.

B. United Diversion Facility No. 2. One or more surface diversion facilities to be constructed on the

North and South banks of the South Platte River as the River traverses over and across Section 34, T 5N, R. 63 West of the 6th P.M., Weld County, CO and the NE ¼ of the NE ¼ of Section 3, T 4 N, R. 63 West of the 6th P.M., Weld County CO. The United Diversion Facility No. 2 may include one or more tributary wells or a well gallery extending roughly parallel to the South Platte River within such proximity as to have no delayed depletive effects to the River and as such may be administered as a surface water diversion.

C. United Diversion Facility No. 3. A surface diversion facility to be located on the East Bank of the

South Platte River in the SW1/4 of Section 26, T. 1S, R 66 West of the 6th P.M., Adams County, CO more particularly located approximately 1,636 feet east of the West line and 1,531 feet North of the South line of said Section 26.

D. United diversion Facility No. 4. Additional diversion rights and uses claimed in this application for

the wells that are more particularly identified on Exhibit A, attached hereto and made a part hereof.

3. Source for all appropriations: South Platte River 4. A. Date of initiation of appropriation: December 23, 2003

B. Appropriation initiated by resolution of Boards of Directors/Managing members of the applicants and acquisition of the 70 Ranch, Weld County, Colorado, more particularly described as the “land to be irrigated” below.

5. Amount claimed: 1,000 cfs at each point of diversion (or aggregate amount for each point of diversion if more than one structure is included as part of a single named diversion in paragraph 2, above). All amounts claimed are conditional. The aggregate annual amount of water claimed from all diversions set forth in paragraph 2 for direct use, accretion and storage in any water year, November 1 to October 31 of the following calendar year, is 100,000 acre feet. The amount claimed on this junior priority is not anticipated to be available in many water years, and such amount is claimed for the purpose of aggregating and managing water derived from this decree to provide for a “firm annual yield” of water throughout each Water Year and through periods of low flow and across single and multi-year periods of

drought. As to the amounts diverted and immediately returned to the South Platte River as part of an individual water treatment program or as part of a watershed pollutant trading program, only that portion of the water diverted for such purpose that is consumed as part of the water treatment program shall be deemed to be included in the quantity of water claimed through this application. Water diverted under this decree may be applied to immediate beneficial use, or may be accreted into the alluvium of the South Platte River to be managed as an augmentation and replacement source for a plan of exchange and augmentation as described later in this application, or may be retained as “stored” water in alluvial storage locations on the 70 Ranch property described below consistent with the principles set forth by the Colorado Supreme Court in Board of County Commissioners of the County of Park v. Park County’s Sportsmen’s Ranch, 2002 WL 519071 Case No. 01SA56 (Colo. 2002). The water diverted through the United Diversion Facility No. 3, above, may be initially stored in a lined gravel pit storage reservoir as an additional amount of water for use within the United service area as provided in this decree and as an additional supply for the diversion and use of water claimed in Case No. 2002CW396 now pending in the Water Court for Water Division No. 1. Water diverted through the United Diversion Facility No. 3 may be temporarily retained in the United gravel pit that is included in Case No. 2002CW396 and subsequently released to the South Platte River for re-diversion through the United Diversion Facilities 1, 2 and 4 described above, as such facilities have the capacity to re-divert such water from the South Platte River. The water diverted through the United Diversion Facility No. 3 may additionally be conducted through the Beebe pipeline, to the full extent of the capacity as it now exists and as the capacity of said pipeline may exist in the future by increasing the capacity of the existing pipeline or by the construction of additional parallel pipelines, to Barr Lake, a structure owned and operated by the Farmers Reservoir and Irrigation system. From Barr Lake, such water may be accreted into the alluvium of the Beebe Draw between Barr Lake and Milton Reservoir or released to the Beebe Canal and stored in Milton Reservoir, also part of the water supply system owned and operated by the Farmers Reservoir and Irrigation Company. From Barr Lake, such water may also be released or exchanged to the Denver Hudson Canal, a structure owned and operated by the Henrylyn Irrigation District. Water diverted through the United Diversion Facility No. 3 is intended to become part of an integrated water supply plan for the United District and is to be included as part of a water supply project that will be developed through additional Water Court applications that will be filed in the Water Court for Water Division No. 1. Water that is diverted through the United Diversion Facility No. 3 that is further transported to Barr Lake, Beebe Canal and Milton Lake may be released through Milton Lake and its outlet canal, the Gilmore Canal, the Beebe canal or through an existing augmentation station and weir from the Gilmore Canal to the Box Elder drainage canal and the South Platte River, for delivery and re-diversion through United Diversion Facilities Nos. 1, 2 and 4 at the 70 Ranch. Water that is diverted through the United Diversion Facility No. 3 that is further transported to Barr Lake may, with the approval of the Henrylyn Irrigation District be transported through the Denver Hudson Canal to its intersection with Box Elder Creek, a natural stream of the State of Colorado, and transported through Box Elder Creek to its intersection with the South Platte River at the 70 Ranch in Section 20, T 5 N, R. 63 West of the 6th P.M. and re-diverted through the United Diversion Facilities 1, 2 and 4. The re-diversion of such water by the United Diversion Facilities Nos. 1, 2 and 4 as set forth in this application shall not again be counted against the aggregate amount of water claimed by this application. 6. Use or proposed uses:

Irrigation of 70 Ranch property described below and commercial, domestic and industrial uses associated with or located upon the 70 Ranch property. Diversion for treatment (by mechanical, biological or through water management) and return to the South Platte River as part of a water treatment facility plan, particularly but not limited to addressing nutrient and dissolved solid removal, as an independent activity or as part of a watershed “pollutant trading program” as may now or hereafter exist. All municipal uses, including but not limited to domestic, mechanical, manufacturing, commercial, industrial, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, exchange, augmentation and replacement, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the United service area as it now exists and as it may exist in the future. The United service area is as approved by the Board of County Commissioners, Elbert County, Colorado. The water that is the subject of this application is claimed for fully consumptive use. Any water diverted pursuant to this application that is returned to the South Platte River or its alluvium is claimed by the applicant for re-diversion at any of the diversion points set forth in this application, or as credit for the plan substitution and exchange and augmentation. The 70 Ranch property that is, in part, to be irrigated with the water that is the subject of this application consists of 13,740 acres owned in fee located in Weld County, Colorado including all or parts of the following Sections:

Township 4 North, Range 62 West of the 6th P.M. Sections 3, 5, 7, 17 and 18 Township 5 North, Range 62 West of the 6th P.M. Sections 3, 15, 17, 18, 19, 20, 21, 29, 31, 33 Township 4 North, Range 63 West of the 6th P.M. Sections 1, 2, 3, 10, 11, 12, 13, 14, 15 Township 5 North, Range 63 West of the 6th P.M. Sections 9, 13, 17, 20, 21, 22, 23, 24, 27, 34, 35, 36 Town of Hardin, Colorado All of the above land is owned in fee by the applicants, or affiliates of the applicants or is land upon which the use of the water claimed in this application has been granted to the applicants by the fee owners. Water claimed under this application may additionally be used, from time to time, by the applicant as part of the 70 Ranch operations and as part of a continuing reclamation program from previous uses of the State Lease Lands by previous owners on an additional 7,000 acres of land owned by the Colorado State Board of Land Commissioners, leased as part of the 70 Ranch pursuant to State Lease No. S-39469 (“State Lease Lands”). The State Lease Lands consist of all or portions of Sections 26 and 36, T. 5N, R. 63 West; Sections 16, 28, 30 and 32, T. 5N, r. 62 West; Sections 4, 6 and 8, T. 4N, R. 62 West, all in Weld County, Colorado. Notwithstanding the use, from time to time, by the applicants for irrigation of the State Lease Lands, no part of this application shall

be deemed to be a claim for a permanent water right for the irrigation of the State Lease Lands. The applicants assert the right to redirect the use of any water claimed by this application from the State Lease Lands to the other 70 Ranch property and to the other uses claimed in this application at any time and at the sole discretion of the applicants.

Water rights and contractual interests in water rights that have historically been used on the 70 Ranch may continue to be used for the irrigation of the 70 Ranch property, and will be included into an integrated water supply system, including all uses set forth in this application, by a change of water right application that will be filed in the Water Court for Water Division No. 1, which anticipation is anticipated to be filed prior to March 31, 2004.

7. Ownership of all points of diversion and use (70 Ranch fee lands) are owned by the applicants or affiliates of the applicants, with permission from the owners for the applicant’s uses claimed in this application. Facilities owned and operated by the Farmers Reservoir and Irrigation Company are included with the permission of the Farmers Reservoir and Irrigation Company. Use of facilities owned by the Riverside Irrigation District/Riverside Reservoir and Land Company and the Henrylyn Irrigation District will be agreement with the owners thereof, which permission will be requested by the applicants. Appropriative right of substitution and exchange 7. Description of Substitution and Exchange:

Pursuant to C.R.S. §§ 37-80-120, 37-83-104, and 37-92-302(1)(a), applicants seek adjudication of an appropriative right of substitution and exchange on the South Platte River, the Beebe Draw and Box Elder Creek, whereby water that is physically and legally available to the applicants is delivered to supply downstream appropriators, and an equivalent amount of water is diverted from the South Platte River, the Beebe Canal and the Beebe Draw alluvium (with the agreement of the Farmers Reservoir and Irrigation Company), and Box Elder Creek downstream of the Henrylyn Irrigation District Lands (or within the Henrylyn Irrigation District Lands with the permission of the Henrylyn Irrigation District for direct use or for storage for subsequent uses by the applicants for the uses described in paragraph 6, above.

8. Water diverted by the Applicants under the right of substitution and exchange requested in this application may be diverted at one or more of the points of diversion set forth in paragraph 2, above. In addition, with the approval of The Farmers Reservoir and Irrigation Company, water may be diverted at the headgate of the Evans No. 2 Ditch (alternatively known as the Platte Valley Canal / Milton Lake Fill Ditch), in the NE ¼ Section 19, T. 2 N, R. 66 West of the 6th P.M., Weld County, CO (Long.: 40 degrees 7.665 North; Lat.: 104 degrees 48.93 West) and the headgate of the Burlington-O’Brian Canal, in the NE ¼ Section 14, T. 3 S, R. 67 West of the 6th P.M., Adams County (Long.: 37 degrees 47.532 North; Lat.: 104 degrees, 58.025 West).

With agreement of The Farmers Reservoir and Irrigation Company water diverted under this application for substitution and exchange may be diverted within the Beebe Draw and stored in the conjunctive alluvial storage within the Beebe Draw alluvium that is the subject of and is more particularly defined in the application in Case No. 2002CW105, Water Court, Division 1 now pending. With the agreement of the Henrylyn Irrigation District, water diverted under this application for substitution and exchange may be diverted from Box Elder Creek and the Box Elder Creek alluvium as the same exists between the Bootleg Reservoir site, Section 1, T. 1 S, R. 65 W of the 6th P.M., Adams County and the confluence of Box Elder Creek and the South Platte River in Sections 20 and

29, T. 5N, R. 63 West of the 6th P.M. Such water, with the agreement of the Henrylyn District may be exchanged with the Henrylyn District within the Henrylyn Irrigation District system, and may be transported by pipeline to the Beebe Draw and stored in the Beebe Draw alluvium as provided above or exchanged with The Farmers Reservoir and Irrigation system for use and storage in the Beebe Draw alluvium, Barr Lake and Milton Lake.

The substitution and exchange reach on the South Platte River will extend from the downstream point in the SE ¼ of Section 20, T. 4N, R 56 West of the 6th P.M. at which point water in which the applicants or their affiliates have a contractual interest will enter the South Platte River (the greater extent of substitution and exchange water, however, will reach the South Platte River in closer proximity to the 70 Ranch property described in paragraph 6 above) to the upstream point at the headgate of the Burlington-O’Brian Canal described in paragraph 8 above. The substitution and exchange reach within the Beebe Draw will extend from the downstream point on the South Platte River described in the previous paragraph, which point is downstream of the confluence of the Beebe Draw alluvium and the South Platte River, to the upstream point at Barr Lake, the dike of which is located in Section 23, T. 1S, R. 66 West of the 6th P.M., Adams County, CO. The substitution and exchange reach within the Box Elder Creek basin will extend from the downstream point on the South Platte River described in the previous two paragraphs, which point is downstream of the confluence of Box Elder Creek and the South Platte River, to the upstream point at the Bootleg Reservoir site in Section 1, T. 1 S, R. 65 W of the 6th P.M., Adams County, CO. Water diverted under this application for an appropriative right of substitution and exchange will be applied to all beneficial uses set forth in paragraph 6, above. The United District is a title 32 district formed under the laws of the State of Colorado with the power of eminent domain.

Applicants or their affiliates own the real property upon which facilities may be located or have contractual approval of the owners of the real property with the exception of the following:

The prospective pipeline right of way and diversion facilities from the Box Elder basin to the Beebe Draw is not presently located. Upon location of the facility, the applicants will seek approval of the affected land owners. Use of structures and facilities owned and operated by the Farmers Reservoir and Irrigation Company or the Henrylyn Irrigation District will be requested by approval of the owners. In part, use of the required facilities has already been granted by the Farmers Reservoir and Irrigation Company and the Henrylyn Irrigation District.

APPLICATION FOR APPROVAL OF PLAN OF AUGMENTATION 9. Wells to be augmented: The wells listed on Exhibit A attached hereto and made a part hereof. The

wells are owned in whole or in part by the applicants or affiliates of the applicants. The augmentation plan that is the subject of this application is limited to augmentation of the applicant’s interest in the listed wells.

10. Source of replacement water: Water diverted in priority and by substitution and exchange pursuant to the rights requested in this application. Such water will be released directly from surface water diversions and surface water storage the extent that the depletions from the wells are out of priority or accretion credits for water diverted and accreted pursuant to this application will offset the out of priority well depletions at or above any senior downstream water right. Return flows from the initial use of the water right claimed by the applicants in this application may be re-diverted as provided herein, or may be used directly as augmentation credit for out of priority well depletions pursuant to this application.

Additional replacement water is anticipated to be obtained by the Applicants. Such water will be added to this application by subsequent amendment, or by separate application to the Water Court for Water Division No. 1.

11. Recognizing that the water diverted under this plan of augmentation may be ultimately used for

multiple purposes and in locations significantly distant from the points of diversion, all water that is withdrawn from the wells that are the subject of this application shall initially be deemed to be fully consumptively used. The applicants reserve the right through future Water Court applications to quantify the amount, timing and location of water returning to the South Platte basin and to obtain credit for such return flows against the depletion from the wells that are augmented through this application or to re-divert such return flows at the points of diversion set forth herein as otherwise claimed in this application.

12. Well depletions for the wells that are the subject of this application and accretion for all alluvial

replacement water will be lagged using the SDF method to determine the cumulative depletion for each well. Alternative depletion and accretion credit methodologies may be developed as part of the process of decreeing this application, in which case the hydrologic methodologies utilized and the accounting for accretion and depletions shall be as the Office of the State Engineer shall approve and the Court shall decree.

Map A map of the exchange reaches, the location of the lands to be irrigated, and the primary structures and locations referenced in this application is attached. A larger format map is available by request from the counsel for the applicants. 03CW443 Lower Platte and Beaver Canal Company, c/o Robert Tuck, President, P.O. Box 190, Hillrose, CO 80733-0190, Telephone: (970) 847-3707. (Mark J. Wagner, Esq., Hill and Robbins, 1441 18th St., Suite 100, Denver, CO 80202) APPLICATION FOR CONDITIONAL WATER RIGHTS, CHANGE OF WATER RIGHTS, APPROPRIATIVE RIGHT OF EXCHANGE, AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN MORGAN AND WASHINGTON COUNTIES.

2. I. CONDITIONAL WATER RIGHTS FOR RECHARGE PONDS, HEADGATE WELL, AND AUGMENTATION WELLS

RECHARGE PONDS

1.1 Description of Recharge Ponds (map attached as Exhibit A):

ID 200 215 Owner Pat Gebauer & Luan August James & Dorothy Thaemert Address 15488 County Rd 57 Hillrose, CO 80733 55720 Cnty Rd Q Hillrose, CO 80733 Location Centroid

NESW 15-5N-54W, approximately 1862 feet from the South section line and 2441 feet from the West section line

SWSE 29-5N-54W, approximately 252 feet from the South section line and 2200 feet from the East section line

Surface Area (acres) 105 8 Depth (ft) 7 8 Rate (cfs) 20 15 Storage Volume (ac-ft) 368 AF with right to fill and refill when in priority 32 AF with right to fill and refill when in priority SDF 323 1031

ID 201 216 Owner Pat Gebauer & Luan August Western Sugar Company Address 15489 County Rd 57 Hillrose, CO 80733 18317 Hwy 144 Fort Morgan, CO 80701 Location Centroid

NESW 22-5N-54W, approximately 2610 feet from the South section line and 2619 feet from the West section line

SESW 29-5N-54W, approximately 227 feet from the South section line and 2368 feet from the West section line

Surface Area (acres) 10 8 Depth (ft) 8 8 Rate (cfs) 20 20 Storage Volume (ac-ft) 40 AF with right to fill and refill when in priority 32 AF with right to fill and refill when in priority SDF 587 938

ID 202 217 Owner Pat Gebauer & Luan August James R. Kissler Address 15490 County Rd 57 Hillrose, CO 80733 328 Harvard Street Brush, CO 80723 Location Centroid

SENW 22-5N-54W, approximately 1933 feet from the North section line and 2575 feet from the West section line

NESW 19-5N-54W, approximately 2425 feet from the South section line and 2416 feet from the West section line

Surface Area (acres) 10 7 Depth (ft) 8 8 Rate (cfs) 20 15 Storage Volume (ac-ft) 40 AF with right to fill and refill when in priority 28 AF with right to fill and refill when in priority SDF 531 193

ID 203 218 Owner 2HB Farms Colorado Board of Land Commissioners Address 20908 Cnty Rd 28.5 Brush, CO 80723 310 Poplar Suite 3 Sterling, CO 80751 Location Centroid

SENE 23-4N-56W, approximately 2109 feet from the North section line and 863 feet from the East section line

SESE 16-5N-54W, approximately 1377 feet from the South section line and 1186 feet from the East section line

Surface Area (acres) 10 7 Depth (ft) 8 8 Rate (cfs) 20 15

Storage Volume (ac-ft) 40 AF with right to fill and refill when in priority 28 AF with right to fill and refill when in priority SDF 105 216

ID 204 219 Owner 2HB Farms Charles, Earl, Everett, & Kenneth Snyder Address 20908 Cnty Rd 28.5 Brush, CO 80723 56525 Cnty Rd P Hillrose, CO 80733 Location Centroid

SENE 23-4N-56W, approximately 1429 feet from the North section line and 786 feet from the East section line

NWNE 21-5N-54W, approximately 1107 feet from the North section line and 2465 feet from the East section line

Surface Area (acres) 6 20 Depth (ft) 8 8 Rate (cfs) 20 15 Storage Volume (ac-ft) 24 AF with right to fill and refill when in priority 80 AF with right to fill and refill when in priority SDF 87 338

ID 205 220 Owner 2HB Farms Charles & Frances Snyder Address 20908 Cnty Rd 28.5 Brush, CO 80723 56525 Cnty Rd P Hillrose, CO 80733 Location Centroid

SENE 23-4N-56W, approximately 2129 feet from the North section line and 171 feet from the East section line

NESE 17-5N-54W, approximately 2443 feet from the South section line and 175 feet from the East section line

Surface Area (acres) 7 4 Depth (ft) 8 8 Rate (cfs) 15 15 Storage Volume (ac-ft) 28 AF with right to fill and refill when in priority 16 AF with right to fill and refill when in priority SDF 116 104

ID 206 221 Owner Paul & Gloria Lotito Snyder Dairy Address 12650 N. Lost Canyon Trail Parker, CO 80134 56525 Cnty Rd P Hillrose, CO 80733 Location Centroid

SWSW 13-4N-56W, approximately 148 feet from the South section line and 177 feet from the West section line

NESW 17-5N-54W, approximately 2382 feet from the South section line and 2636 feet from the West section line

Surface Area (acres) 5 15 Depth (ft) 8 8 Rate (cfs) 15 15 Storage Volume (ac-ft) 20 AF with right to fill and refill when in priority 60 AF with right to fill and refill when in priority SDF 59 109

ID 207 222 Owner Paul & Gloria Lotito Charles & Frances Snyder Address 12651 N. Lost Canyon Trail Parker, CO 80134 56526 Cnty Rd P Hillrose, CO 80733 Location Centroid

SWNW 24-4N-56W, approximately 2092 feet from the North section line and 210 feet from the West section line

SWNW 17-5N-54W, approximately 2592 feet from the North section line and 404 feet from the West section line

Surface Area (acres) 5 2

Depth (ft) 8 8 Rate (cfs) 15 15 Storage Volume (ac-ft) 20 AF with right to fill and refill when in priority 8 AF with right to fill and refill when in priority SDF 120 109

ID 208 223 Owner Thomas & Amber Odle Charles & Frances Snyder Address 20296 Hwy 71 Brush, CO 80723 56527 Cnty Rd P Hillrose, CO 80733 Location Centroid

SENW 23-4N-56W, approximately 1944 feet from the North section line and 2326 feet from the West section line

NWNE 19-5N-54W, approximately 222 feet from the North section line and 2442 feet from the East section line

Surface Area (acres) 7 7 Depth (ft) 8 7 Rate (cfs) 15 15 Storage Volume (ac-ft) 28 AF with right to fill and refill when in priority 25 AF with right to fill and refill when in priority SDF 69 160

ID 209 224 Owner Scott & Holly May Charles & Frances Snyder Address 21402 MCR 30 Brush, CO 80723 56528 Cnty Rd P Hillrose, CO 80733 Location Centroid

NESW 18-4N-55W, approximately 2188 feet from the South section line and 2522 feet from the West section line

SWNE 19-5N-54W, approximately 2605 feet from the North section line and 2358 feet from the East section line

Surface Area (acres) 7 5 Depth (ft) 6 8 Rate (cfs) 15 15 Storage Volume (ac-ft) 21 AF with right to fill and refill when in priority 20 AF with right to fill and refill when in priority SDF 84 217

ID 210 225 Owner Howard & Bonnie Curtis Veryl & Doris Eschen Address 25512 MCR R Brush, CO 80723 12741 Cnty Rd 57 Hillrose, CO 80733 Location Centroid

NESW 21-4N-55W, approximately 2522 feet from the South section line and 1775 feet from the West section line

SWSE 18-5N-54W, approximately 711 feet from the South section line and 2370 feet from the East section line

Surface Area (acres) 15 7 Depth (ft) 8 7 Rate (cfs) 15 15 Storage Volume (ac-ft) 60 AF with right to fill and refill when in priority 25 AF with right to fill and refill when in priority SDF 616 142

ID 211 226 Owner Town of Hillrose Otis William Gill Address PO Box 1 Hillrose, CO 80733 CO SLB, RR 1 - Box 86G Merino, CO 80741

Location Centroid NWSW 10-4N-55W, approximately 1734 feet from the South section line and 797 feet from the West section line

SWNW 15-5N-54W, approximately 2221 feet from the North section line and 27 feet from the West section line

Surface Area (acres) 2 5 Depth (ft) 8 8 Rate (cfs) 15 15 Storage Volume (ac-ft) 8 AF with right to fill and refill when in priority 20 with right to fill and refill when in priority SDF 250 192

ID 212 227 Owner Parachute Ranch, Inc Parachute Ranch, Inc Address 33549 MCR X.5 Hillrose, CO 80733 33549 MCR X.5 Hillrose, CO 80733 Location Centroid

NWSE 10-4N-55W, approximately 2189 feet from the North section line and 1177 feet from the West section line

NENW 10-4N-55W, approximately 287 feet from the North section line and 2439 feet from the West section line

Surface Area (acres) 7 5 Depth (ft) 8 10 Rate (cfs) 15 15 Storage Volume (ac-ft) 28 AF with right to fill and refill when in priority 25 with right to fill and refill when in priority SDF 257 249

ID 213 228 Owner Parachute Ranch, Inc Tommy, William & Emily Quint Address 33549 MCR X.5 Hillrose, CO 80733 35997 Hwy No. 6 Hillrose, CO 80733 Location Centroid

SENE 3-4N-55W, approximately 2301 feet from the North section line and 491 feet from the East section line

NENW 31-5N-54W, approximately 343 feet from the North section line and 2402 feet from the West section line

Surface Area (acres) 6 8 Depth (ft) 8 8 Rate (cfs) 15 15 Storage Volume (ac-ft) 24 AF with right to fill and refill when in priority 32 AF with right to fill and refill when in priority SDF 187 343

ID 214 Owner Victor & Margie Quint Address 35997 US Highway 6 Hillrose, CO 80733 Location Centroid

SENW 31-5N-54W, approximately 1872 feet from the North section line and 2531 feet from the West section line

Surface Area (acres) 3 Depth (ft) 8 Rate (cfs) 15 Storage Volume (ac-ft) 12 AF with right to fill and refill when in priority SDF 454

The above structures will be created by surface excavation and short berms around the perimeter of the recharge ponds and will not have dams. 1.2 If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: The point of diversion for all structures is the Lower Platte & Beaver Canal, which has a decreed capacity of 322 cfs and has a point of diversion located on the South bank of the South Platte River bearing North 44°51' West 2136 feet from the Southeast corner of Section 25, Township 4 North, Range 57 West of the 6th P.M. In addition the Headgate Well described below is used to fill the Snyder N (ID 222), Snyder M (ID 221), Snyder E (ID 220), Snyder W (ID 223), and Eschen (ID 225) recharge sites.

HEADGATE WELL 1.3 Names of well and legal description (map attached as Exhibit A):

Name Location LP&B Headgate

Well NW/4SE/4 of Section 13, T5N, R55W, 6th P.M., approximately 1612 feet from the South section line and 2418 feet from the East section line (depicted on Exhibit A as well ID 102)

The well has an SDF value of zero and will be pumped at times when it is in priority through a buried pipeline to the Snyder N (ID 222), Snyder M (ID 221), Snyder E (ID 220), Snyder W (ID 223), and Eschen (ID 225) recharge sites, described above. This well may also be used to deliver replacement water directly to the Prewitt Inlet Canal. Recharge credits will be determined by the SDF method. 1.4 Well Permit: 60156-F. Depth: 67 feet. 1.5 Amount claimed: 8.91 cfs; up to 5000 Acre feet; Conditional.

AUGMENTATION WELLS

1.6 Names of structures and legal descriptions (map attached as Exhibit A):

ID 14 69 Name Lazy V/Land & Cattle Co; Tim White Tommy, William & Emily Quint Address PO Box 97 Castle Rock, CO 80104 35997 Hwy No. 6 Hillrose, CO 80733 Permit No. 59363F 59368F Location SWNW 20-4N-55W SWNW 31-5N-54W Rate 3.44 cfs 2.44 cfs Amount (ac-ft) 4000 4000 Appropriation Date 2/27/2003 2/25/2003 SDF 422 270

ID 15 71 Name Lazy V/Land & Cattle Co; Tim White Albert L. Hocheder Address PO Box 97 Castle Rock, CO 80104 23215 Cnty Rd 33 Hillrose, CO 80733 Permit No. Pending 59369F

Location SENW 20-4N-55W NWSW 30-5N-54W Rate 4.00 cfs 4.60 cfs Amount (ac-ft) 700 4000 Appropriation Date 2/27/2003 2/25/2003 SDF 443 152

ID 18 72 Name J. Brian and Kim Pabst Albert L. Hocheder Address 31483 MCR V Brush, CO 80723 23215 Cnty Rd 33 Hillrose, CO 80733 Permit No. 59364F 59370F Location SESW 17-4N-55W NWNW 30-5N-54W Rate 3.55 cfs 4.00 cfs Amount (ac-ft) 4000 4000 Appropriation Date 2/24/2003 2/25/2003 SDF 232 94

ID 19 73 Name Walter & Serence Strippgen

Robert & Doreen Termentozzi Terry R Linker Address 805 S County Rd 27E Berthoud, CO 80513

31576 MCR W Brush, CO 80723 12527 Cnty Rd 55 Hillrose, CO 80733 Permit No. Pending Pending Location SENE 17-4N-55W SWSE 30-5N-54W Rate 3.11 cfs 2.88 cfs Amount (ac-ft) 4000 4000 Appropriation Date 2/26/2003 2/25/2003 SDF 155 407

ID 23 74 Name Streed Living Trust Jon & Doris Frazier Trust Address 15027 WCR 23 1/2 Platteville, CO 80651 55345 Cnty Rd P Hillrose, CO 80733 Permit No. Pending 59438F Location SWSW 16-4N-55W SWSE 30-5N-54W Rate 3.555 cfs 4.00 cfs Amount (ac-ft) 4000 4000 Appropriation Date 2/25/2003 2/26/2003 SDF 300 330

ID 24 76 Name Lee & Sherwood

c/o Lincoln & Linda Sherwood James & Carol Kissler Address 30722 MCR U Brush, CO 80723 12289 Cnty Rd 56 Hillrose, CO 80733 Permit No. Pending Pending Location SWSW 16-4N-55W SWSW 19-5N-54W Rate 3.667 cfs 4.50 cfs

Amount (ac-ft) 4000 4000 Appropriation Date 2/25/2003 2/25/2003 SDF 324 250

ID 37 80 Name Georgiana M Boyles Charles & Frances Snyder Address 2495 S Quebec St #36 Denver, CO 80231 56525 Cnty Rd P Hillrose, CO 80733 Permit No. Pending 59439F Location SWSE 10-4N-55W NWSE 19-5N-54W Rate 2.67 cfs 4.66 cfs Amount (ac-ft) 4000 4000 Appropriation Date 2/25/2003 2/26/2003 SDF 513 258

ID 38 83 Name Jeffrey & Christina Bauer

Don L. Chapman James & Dorthy Thaemert Address PO Box 7 Hillrose, CO 80733

34272 Cnty Rd X Hillrose, CO 80733 55720 Cnty Rd Q Hillrose, CO 80733 Permit No. 59365F Pending Location NWSE 10-4N-55W NWSW 29-5N-54W Rate 3.99 cfs 2.67 cfs Amount (ac-ft) 4000 4000 Appropriation Date 2/25/2003 3/26/2003 SDF 524 653

ID 44 84 Name Parachute Ranch c/o J. Robert Tuck Eleanor C Krueger Address 33549 MCR X.5 Hillrose, CO 80733 14017 Cnty Rd 56 Hillrose, CO 80733 Permit No. 59367F 59440F Location SWNE 3-4N-55W SWNW 29-5N-54W Rate 4.39 cfs 3.71 cfs Amount (ac-ft) 4000 4000 Appropriation Date 2/24/2003 2/25/2003 SDF 180 542

ID 49 88 Name Ed Fritzler

William & Carol Kerwin Naomi & Frank James Address 34625 Cnty Rd X Hillrose, CO 80733

1410 Abilene Drive Broomfield, CO 80020 13027 Cnty Rd 56 Hillrose, CO 80733 Permit No. Pending Pending Location SWSW 2-4N-55W SWSW 20-5N-54W Rate 4.09 cfs 3.72 cfs Amount (ac-ft) 4000 4000

Appropriation Date 2/25/2003 2/26/2003 SDF 373 361

ID 50 92 Name Cheta-Petie Farm Company Charles, Earl, Everrett & Kenneth Snyder Address PO Box 2 Wray, CO 80758 56525 Cnty Rd P Hillrose, CO 80733 Permit No. Pending Pending Location SWNW 2-4N-55W SWSW 17-5N-54W Rate 4.45 cfs 3.85 cfs Amount (ac-ft) 4000 4000 Appropriation Date 2/26/2003 2/26/2003 SDF 175 234

ID 51 39 Name Jon & Doris Frazier Trust Parachute Ranch c/o J. Robert Tuck Address 55345 Cnty Rd P Hillrose, CO 80733 33549 MCR X.5 Hillrose, CO 80733 Permit No. Pending 59366F Location SENW 2-4N-55W NWNE 10-4N-55W Rate 3.37 cfs 4.72 cfs Amount (ac-ft) 4000 4000 Appropriation Date 2/26/2003 2/24/2003 SDF 163 313

1.7 Source: Water in or tributary to the South Platte River 1.8 A. Date of appropriation: January 8, 2003

B. How appropriation was initiated: Formation of intent and surveying locations.

C. Date water applied to beneficial use: Not applicable. 1.9 Use: Irrigation, recharge, and augmentation for use in the plan for augmentation described in this application and for domestic, industrial, commercial, irrigation, stock watering, recreation, fish and wildlife purposes, and fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water may be fully consumed during the first use of the water, or recaptured and reused, substituted and exchanged for other water until the water is fully consumed. 1.10 Remarks: Applicant’s portion of the recharge credits generated as a result of the exercise of the water rights sought herein will be used to replace well depletions as described in Section III. below. Any structure not owned by Applicant will only be used by Applicant by mutual agreement with the owner. Water may be diverted hereunder by the Lower Platte and Beaver Canal at a maximum rate of 322 cfs. Applicant also claims the right to use seepage loss from the ditch when the ditch is being used to transport the water rights claimed herein to the extent that such seepage water recharges the alluvial aquifer of the South Platte River and accrues to the flows of the South Platte River.

II. CHANGE OF WATER RIGHT

2.1 Direct Flow Rights The Lower Platte and Beaver Canal has two direct flow water rights for irrigation purposes from the South Platte River and Beaver Creek and one direct flow right decreed for recharge and augmentation purposes from the South Platte River. Priority No. 22 is decreed for 38 cfs with an appropriation date of September 4, 1882 and Priority No. 38 is decreed for 284 cfs with an appropriation date of April 15, 1888. Both were decreed by the Weld County District Court on November 21, 1895. Copies of the Water Commissioner’s diversion records for the Lower Platte and Beaver Canal were obtained from the State Engineer’s office. Exhibit B summarizes the recorded diversions for irrigation uses of natural stream flow under Priority Nos. 22 and 38 and the storage water identified in paragraph 2.2, below. 2.2 Shareholder Rights The Company and the Hillrose Irrigation District own shares in the Jackson Lake Reservoir and Irrigation Company, the Morgan-Prewitt Reservoir Company and the Riverside Reservoir Company. The Hillrose Irrigation District encompasses over 80 percent of the irrigated land under the Lower Platte and Beaver Canal and provides supplemental water to that land through the Lower Platte and Beaver Canal. These regulated sources are used when Priority No. 38 is fully or partially out of priority. Following is a break down on the number of shares currently owned by Applicant. Shares

Owned by LP&B

Shares Owned by Hillrose ID

Total Shares

Allocation ac-ft per share

Yield excluding transit loss (acre-feet)

Jackson Lake 33.0 221.5 254.5 16.0 4,072 Riverside 127.0 5.0 132.0 16.0 2,112 Morgan-Prewitt 0 4.0 4.0 16.0 64 Total = 6,248

A. Jackson Lake Reservoir The ownership of shares in the Jackson Lake Reservoir and Irrigation Company entitles the owners to delivery of water from Jackson Lake Reservoir. The Applicant seeks to change the use of the water attributable to the shares that it currently owns or hereafter acquires as described below.

(1) Decreed name of structure for which change is sought: Jackson Lake Reservoir.

(2) Previous Decrees: The Jackson Lake Reservoir water rights were decreed for diversion of water out of the South Platte River pursuant to the following decrees:

APPROPRIATION

DATE ADJUDICATION

DATE CASE NO./

PRIORITY NO. AMOUNT

(AF) May 18, 1901 January 15, 1914 Weld County District

Court, Case No. 2142 Priority No. 20

30992

May 18, 1901 May 11, 1915 Weld County District Court, Case No. 16704

Priority No. 20

4637

December 31, 1929 June 8, 1965 Weld County District Court,

Priority No. 20R

8269.92

(3) Decreed point of diversion: The headgate of the Jackson Lake Inlet Canal is located at a

point on the north bank of the South Platte River 900 feet south and 200 feet west of the center of the Southeast Quarter of Section 18, Township 4 North, Range 61 West of the 6th P.M. The inlet extends thence easterly about 10 miles to the reservoir. Jackson Lake Reservoir is located in Sections 10, 13, 14, 15, 16, 21, 22, 23, 24, 26 and 27, all in Township 5 North, Range 60 West of the 6th P.M., Morgan County, Colorado.

(4) Source of water: South Platte River.

(5) Historical use: The water associated with Jackson Lake Reservoir is allocated to the

shareholders of the Jackson Lake Reservoir and Irrigation Company. The shareholders have historically used their aliquot share of the Jackson Lake Reservoir water rights for irrigation or leased the water to other water users. Pursuant to several decrees by the Water Court in and for Water Division No. 1, water is delivered to the South Platte River to replace out-of-priority depletions.

B. Riverside Reservoir

The ownership of shares in the Riverside Reservoir and Land Company entitles the owners to delivery of water from Riverside Reservoir and to use of a share of recharge accretions to the South Platte River attributable to decrees entered in Case No. 88CW239 entered on February 14, 1991; Case No. 88CW264(A) entered on April 30, 1996; Case No. 89CW027 entered on April 30, 1996; and any future decrees entered by this Court. The Applicant seeks to change the use of the water that it currently owns or hereafter acquires as described below.

(1) Decreed name of structure for which change is sought: Riverside Reservoir.

(2) Previous Decrees: The Riverside Reservoir water rights were decreed for diversion of water out of the South Platte River pursuant to the following decrees:

APPROPRIATION

DATE ADJUDICATION

DATE CASE NO./

PRIORITY NO. AMOUNT

(AF) April 1, 1902 January 15, 1914 Weld County District

Court, Case No. 2142 Priority No. 24

16070

August 1, 1907 January 15, 1914 Weld County District Court, Case No. 2142

Priority No. 45

41437

October 25, 1910 January 15, 1914 Weld County District Court, Case No. 2142

Priority No. 77

Variable; allows fill to level 33.55 feet above the bottom of Reservoir

Outlet Tubes December 31, 1929 June 8, 1965 Weld County District

Court, Case No. 16704 Priority No. 20R

56325

(3) Decreed point of diversion: The ditch to be used to fill the reservoir is the Riverside

Canal, having a capacity of 1000 cfs at the point of diversion located on the north bank of the South Platte River near Kuner, Colorado, in the SW/4 SW/4, Section 20, T5N, R 63W, 6th P.M., Weld County Colorado.

(4) Source of water: South Platte River.

(5) Historical use: The water associated with Riverside Reservoir is allocated to the

shareholders of the Riverside Reservoir and Land Company. The shareholders have historically used their aliquot share of the Riverside Reservoir water rights for irrigation or leased the water to other water users. C. Prewitt Reservoir

The ownership of Morgan-Prewitt Company shares entitles the owners to delivery of water from Prewitt Reservoir. In addition the ownership of Prewitt Reservoir shares may entitle the owner to recharge water pursuant to future decree(s) by the Prewitt Operating Committee. The Applicant seeks to change the use of the water that it currently owns or hereafter acquires as follows.

(1) Decreed name of structure for which change is sought: Prewitt Reservoir.

(2) Previous Decrees: The Prewitt Reservoir water rights were decreed for diversion of water out of the South Platte River pursuant to the following decrees:

APPROPRIATION

DATE ADJUDICATION

DATE CASE NO. AMOUNT

(AF) May 25, 1910 January 15, 1914 Weld County District

Court, Case No. 2142 32300

December 31, 1929 October 18, 1965 Weld County District Court,

Case No. 16704

34960

(3) Decreed point of diversion: Headgate located on the east bank of the South Platte River

in the SW1/4 of Section 24, Township 5 North, Range 55 West of the 6th P.M., Morgan County, Colorado.

(4) Source of water: South Platte River.

(5) Historical use: The water associated with Prewitt Reservoir is allocated to the owners of the Prewitt Reservoir water rights. The Prewitt Shareholders have historically used their aliquot share of the Prewitt Reservoir water rights for irrigation or leased the water to other water users.

2.3 Proposed change: The Applicant requests a change of its direct flow water rights and of its proportionate share of the Jackson Lake Reservoir water rights, the Riverside Reservoir water rights and recharge accretions, and the Prewitt Reservoir water rights for use in the plan for augmentation described in this application and for domestic, industrial, commercial, irrigation, stock watering, recreation, fish and wildlife purposes, and fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water will be fully consumed during the first use of the water, recaptured and reused, substituted and exchanged for other water until the water is fully consumed. Such water will be (1) diverted at the headgate of the Lower Platte & Beaver Canal for irrigation purposes; and /or (2) delivered to the South Platte River to replace depletions associated with out-of-priority depletions. To the extent the water

attributable to the direct flow rights or the storage rights in Jackson Lake Reservoir, Riverside Reservoir, and/or Prewitt Reservoir is delivered to the South Platte River to replace depletions, the Applicant claims such water to be fully consumable subject to replacement of historical return flows. 2.4 Names and addresses of owners of structures: Riverside Irrigation District Riverside Reservoir and Land Company 215 E. Kiowa Street Fort Morgan, CO 80701

Jackson Lake Reservoir and Irrigation Company 218 E Kiowa Ave Fort Morgan, CO 80701-3110

Morgan-Prewitt Reservoir Company, c/o Prewitt Operating Committee 112 North 8th Street P.O. Box 333 Sterling, Colorado 80751

Lower Platte and Beaver Canal Company P.O. Box 190 Hillrose, CO 80733-0190

III. PLAN FOR AUGMENTATION

3.1 Names of structures to be augmented: See list of wells in following table (depicted on the map attached as Exhibit A) and any new, additional, replacement, or alternate point of diversion well used to irrigate land under the Lower Platte & Beaver system.

ID 1 52 Name City of Brush Grasslyn, Inc Address PO Box 363 Brush, CO 80723 641 Pine Grove Rd State College, PA 16801 Well Permit No. RF 35 8381 Previous Decree/ Date W 1471 - 12/8/1976 W 2969 - 3/28/1978 Location SWNE 22-4-56 SESE 2-4-55 Irrigated Acres 80 90 Rate 3.11 cfs 2.72 cfs Appropriation Date 12/31/1935 4/30/1936 SDF 15 255

ID 2 53 Name Tom & Amber Odle Grasslyn, Inc Address 20296 Hwy 71 Brush, CO 80723 641 Pine Grove Rd State College, PA 16801 Well Permit No. RF-901 (7077) 8382 Previous Decree/ Date W 1471 - 12/8/1976 W 2969 - 3/28/1978 Location SWNW 23-4-56 SESE 2-4-55 Irrigated Acres 180 90 Rate 4.00 cfs 2.66 cfs Appropriation Date 7/31/1930 4/30/1936 SDF 46 290

ID 3 54 Name 2HB Farms Cheta-Petie Farm Company

Address 20908 Cnty Rd 28.5 Brush, CO 80723 PO Box 2 Wray, CO 80758 Well Permit No. 16366 7143 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SWNE 23-4-56 SWSE 35-5-55 Irrigated Acres 160 110 Rate 4.89 cfs 2.56 cfs Appropriation Date 8/31/1930 8/31/1938 SDF 53 70

ID 4 55 Name Paul & Gloria Lotito Thomas & Lorrie Query Address 12650 N. Lost Canyon Trail Parker, CO 80134 24137 Cnty Rd 35.5 Hillrose, CO 80733 Well Permit No. 15106 8558 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SWNW 24-4-56 SESE 35-5-55 Irrigated Acres 168 120 Rate 4.44 cfs 2.67 cfs Appropriation Date 5/14/1955 12/31/1935 SDF 124 120

ID 5 56 Name Chris & Debra Wacker Daniel & Cindy Stromberger Address 29585 MCR V Brush, CO 80723 35882 Hwy 6 Hillrose, CO 80733 Well Permit No. 4588F 7120 R Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 4/20/1978 Location SWNE 24-4-56 SWNW 1-4-55 Irrigated Acres 320 152 Rate 4.89 cfs 3.45 cfs Appropriation Date 7/31/1927 5/31/1954 SDF 185 223

ID 6 57 Name Martin & Doris Schilling Daniel & Cindy Stromberger Address 20738 Cnty Rd 30 Brush, CO 80723 35882 Hwy 6 Hillrose, CO 80733 Well Permit No. 8570 38400F Previous Decree/ Date W 2969 - 12/7/1978 90 CW 180 - 7/23/1992 & W 2969 - 4/20/1978 Location NWSW 19-4-55 SENW 1-4-55 Irrigated Acres 195 80 Rate 4.00 cfs 2.44 cfs Appropriation Date 4/1/1935 4/15/1955 SDF 270 260

ID 7 58 Name Lincoln Sherwood Henry & Shannon Seaman

Address 30722 MCR U Brush, CO 80723 35748 Cnty Rd X.5 Hillrose, CO 80733 Well Permit No. 3737F 20263R Previous Decree/ Date W 2969 - 3/28/1978 90 CW 180 - 7/23/1992 & W 2969 - 4/20/1978 Location NWSE 19-4-55 NWSE 1-4-55 Irrigated Acres 208 60 Rate 4.45 cfs 2.44 cfs Appropriation Date 8/31/1962 4/15/1955 SDF 372 413

ID 8 59 Name Scott & Holly May Wilgenburg Dairy Farm Address 21402 MCR 30 Brush, CO 80723 11701 Old River Road Bakersfield, CA 93311 Well Permit No. 11043 RF 1063 (2884F) Previous Decree/ Date W 2969 - 3/28/1978 W 1945 - 5/17/1973 Location SWSW 18-4-55 NESE 1-4-55 Irrigated Acres 120 120 Rate 4.00 cfs 2.00 cfs Appropriation Date 6/30/1950 6/20/1961 SDF 146 521

ID 9 60 Name

Scott & Holly May Darrel & June Dudden Daniel & Cindy Stomberger

Address

21402 MCR 30 Brush, CO 80723 35413 Hwy 6 Hillrose, CO 80733 35882 Hwy 6 Hillrose, CO 80733

Well Permit No. 6945 RF747 8361 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 4/20/1978 Location SENW 18-4-55 SWSW 36-5-55 Irrigated Acres 120 143 Rate 2.67 cfs 3.56 cfs Appropriation Date 6/30/1948 5/31/1932 SDF 51 110

ID 10 61 Name Waggy Trust, John & June Waggy Daniel & Cindy Stromberger Address 3836 Fernwood Street San Mateo, CA 94403 35882 Hwy 6 Hillrose, CO 80733 Well Permit No. 6613 8479 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 4/20/1978 Location SWSE 18-4-55 SESW 36-5-55 Irrigated Acres 160 103 Rate 3.67 cfs 3.22 cfs Appropriation Date 5/31/1938 7/10/1954 SDF 159 191

ID 11 62

Name Robert, Lloyd, & Edward Hansen Kenneth & Susan Freeman Address 31420 Cnty Rd W Brush, CO 80723 35399 Cnty Rd Z Hillrose, CO 80733 Well Permit No. 16367 6507 Previous Decree/ Date W 2969 - 3/28/1978 W 1945 - 5/17/1973 Location SWNE 18-4-55 SWNW 36-5-55 Irrigated Acres 160 400 Rate 3.78 cfs 4.01 cfs Appropriation Date 3/31/1932 12/31/1913 SDF 53 49

ID 12 63 Name Donald & Carrie Seewald Jon & Doris Frazier Trust Address 30803 MCR W Brush, CO 80723 55345 Cnty Rd P Hillrose, CO 80733 Well Permit No. 9153 8628 Previous Decree/ Date W 2969 - 12/26/1980 W 2969 - 12/26/1980 Location SWSW 7-4-55 SWNE 36-5-55 Irrigated Acres 170 160 Rate 4.89 cfs 4.72 cfs Appropriation Date 4/23/1965 4/30/1955 SDF 16 129

ID 13 64 Name Donald & Carrie Seewald Freddie & Joanne Cook Address 30803 MCR W Brush, CO 80723 16177 Hwy 34 Fort Morgan, CO 80701 Well Permit No. 8549 8343 Previous Decree/ Date W 2969 - 12/26/1980 W 2969 - 12/26/1980 Location SESE 7-4-55 SWSE 25-5-55 Irrigated Acres 170 80 Rate 4.00 cfs 3.30 cfs Appropriation Date 4/30/1944 3/31/1936 SDF 32 62

ID 14 65 Name Lazy V/Land & Cattle Co; Tim White Tim & Laura Cook Address PO Box 97 Castle Rock, CO 80104 22740 WCR 33 LaSalle, CO 80645 Well Permit No. 7074 8482 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SWNW 20-4-55 SWNE 25-5-55 Irrigated Acres 120 160 Rate 3.44 cfs 3.56 cfs Appropriation Date 7/21/1954 7/31/1930 SDF 422 10

ID 15 66

Name Lazy V/Land & Cattle Co; Tim White Kenneth & James Kissler Address PO Box 97 Castle Rock, CO 80104 328 Harvard St Brush, CO 80723 Well Permit No. 7073 8731 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SENW 20-4-55 SESE 25-5-55 Irrigated Acres 120 160 Rate 4.00 cfs 4.39 cfs Appropriation Date 7/31/1930 6/29/1937 SDF 443 33

ID 16 67 Name Justin P Curtis Victor & Margie Quint Address PO Box 202 Hillrose, CO 80733 35997 Hwy No. 6 Hillrose, CO 80733 Well Permit No. 8705 8418 Previous Decree/ Date W 1245 - 4/14/1977 W 2969 - 3/28/1978 Location SENW 20-4-55 SWSE 24-5-55 Irrigated Acres 180 200 Rate 3.00 cfs 3.42 cfs Appropriation Date 4/16/1955 7/13/1954 SDF 385 12

ID 17 68 Name J. Brian and Kim Pabst

John & Jeanetta Wolta Luella M Kral Address 31483 MCR V Brush, CO 80723

1416 13TH St Greeley, CO 80631 26199 Cnty Rd 36 Hillrose, CO 80733 Well Permit No. 8354 8481 Previous Decree/ Date W 2969 - 3/28/1978 W 2000 - 9/2/1975 Location SWSW 17-4-55 SESE 24-5-55 Irrigated Acres 203 72 Rate 3.55 cfs 4.00 cfs Appropriation Date 4/4/1954 6/19/1940 SDF 204 27

ID 18 69 Name J. Brian and Kim Pabst Tommy, William & Emily Quint Address 31483 MCR V Brush, CO 80723 35997 Hwy No. 6 Hillrose, CO 80733 Well Permit No. 8355 8496 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SESW 17-4-55 SWNW 31-5-54 Irrigated Acres 240 120 Rate 3.55 cfs 2.44 cfs Appropriation Date 5/31/1940 5/31/1932 SDF 232 270

ID 19 70 Name Walter & Serence Strippgen

Robert & Doreen Termentozzi Terry R Linker Address

805 S County Rd 27E Berthoud, CO 80513 31576 MCR W Brush, CO 80723 12527 Cnty Rd 55 Hillrose, CO 80733

Well Permit No. R209 8493 Previous Decree/ Date W 3657 - 6/17/1974 W 2969 - 4/20/1978 Location SENE 17-4-55 SENW 31-5-54 Irrigated Acres 160 346 Rate 3.11 cfs 3.56 cfs Appropriation Date 7/11/1963 7/31/1954 SDF 155 526

ID 20 71 Name Robert, Lloyd, & Edward Hansen Albert L. Hocheder Address 31420 Cnty Rd W Brush, CO 80723 23215 Cnty Rd 33 Hillrose, CO 80733 Well Permit No. 8498 8730 Previous Decree/ Date W 2969 - 1/22/1988 W 2969 - 3/28/1978 Location SWSE 8-4-55 NWSW 30-5-54 Irrigated Acres 150 160 Rate 2.56 cfs 4.60 cfs Appropriation Date 5/31/1933 6/30/1932 SDF 53 152

ID 21 72 Name Howard & Bonnie Curtis Albert L. Hocheder Address 25512 MCR R Brush, CO 80723 23215 Cnty Rd 33 Hillrose, CO 80733 Well Permit No. 8346 03949F Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 9/25/1980 Location SENW 21-4-55 NWNW 30-5-54 Irrigated Acres 120 80 Rate 1.78 cfs 4.00 cfs Appropriation Date 12/31/1935 3/6/1936 SDF 480 94

ID 22 73 Name Howard & Bonnie Curtis Terry R Linker Address 25512 MCR R Brush, CO 80723 12527 Cnty Rd 55 Hillrose, CO 80733 Well Permit No. 8347 6915 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location NENW 21-4-55 SWSE 30-5-54 Irrigated Acres 90 120 Rate 1.78 cfs 2.88 cfs Appropriation Date 8/1/1955 8/1/1930 SDF 470 407

ID 23 74 Name Streed Living Trust Jon & Doris Frazier Trust Address 15027 WCR 23 1/2 Platteville, CO 80651 55345 Cnty Rd P Hillrose, CO 80733 Well Permit No. 0439 8453 Previous Decree/ Date W 3674 - 12/1/1975 W 2969 - 3/28/1978 Location SWSW 16-4-55 SWSE 30-5-54 Irrigated Acres 39 160 Rate 3.555 cfs 4.00 cfs Appropriation Date 6/20/1948 6/30/1925 SDF 300 330

ID 24 75 Name John and Kathy Lee Charles & Frances Snyder Address 12702 E Via Palmas St Chandler, AZ 85249 56525 Cnty Rd P Hillrose, CO 80733 Well Permit No. 0438 0357 Previous Decree/ Date W 3674 - 12/1/1975 W 2969 - 3/28/1978 Location SWSW 16-4-55 NWNE 30-5-54 Irrigated Acres 81 200 Rate 3.667 cfs 4.44 cfs Appropriation Date 6/20/1940 6/30/1937 SDF 324 252

ID 25 76 Name Marjorie S Brown James & Carol Kissler Address PO Box 2340 Santa Barbara, CA 93120 12289 Cnty Rd 56 Hillrose, CO 80733 Well Permit No. 4542 12658 Previous Decree/ Date W 3676 - 2/7/1978 W 2969 - 3/28/1978 Location SWNE 16-4-55 SWSW 19-5-54 Irrigated Acres 134 160 Rate 3.112 cfs 4.50 cfs Appropriation Date 6/21/1955 5/31/1953 SDF 278 250

ID 26 77 Name Grasslyn, Inc Victor & Margie Quint Address 641 Pine Grove Rd State College, PA 16801 35997 Hwy No. 6 Hillrose, CO 80733 Well Permit No. 8370 04347-F Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SWSW 9-4-55 SWNW 19-5-54 Irrigated Acres 260 120 Rate 4.44 cfs 3.53 cfs Appropriation Date 3/31/1936 6/20/1963 SDF 104 91

ID 27 78 Name Dennis Seewald Victor & Margie Quint Address 18442 WCR 13 Johnstown, CO 80534 35997 Hwy No. 6 Hillrose, CO 80733 Well Permit No. 14634 6037 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SWNW 9-4-55 SWNW 19-5-54 Irrigated Acres 160 320 Rate 3.00 cfs 3.11 cfs Appropriation Date 12/31/1918 3/31/1940 SDF 39 82

ID 28 79 Name Nadine Elson

Martin Ley Charles, Earl, Everett, Kenneth Snyder Address 32975 Cnty Rd X.5 Hillrose, CO 80733

PO Box 235 Brush, CO 80723 56525 Cnty Rd P Hillrose, CO 80733 Well Permit No. 8345 03904-F Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SWSE 9-4-55 SWSE 19-5-54 Irrigated Acres 224 147 Rate 3.00 cfs 3.93 cfs Appropriation Date 7/30/1929 1/24/1963 SDF 176 245

ID 29 80 Name Beth Hocheder Charles & Frances Snyder Address 23215 Cnty Rd 33 Hillrose, CO 80733 56525 Cnty Rd P Hillrose, CO 80733 Well Permit No. 04382F 26454-F358 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location NWNE 9-4-55 NWSE 19-5-54 Irrigated Acres 65 146 Rate 3.33 cfs 4.66 cfs Appropriation Date 6/28/1963 6/30/1925 SDF 76 258

ID 30 81 Name Matt Sherwood Charles & Frances Snyder Address 32865 MCR V Hillrose, CO 80733 56525 Cnty Rd P Hillrose, CO 80733 Well Permit No. 8427 8421 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SWSW 15-4-55 NWSE 19-5-54 Irrigated Acres 62 147 Rate 1.11 cfs 5.92 cfs Appropriation Date 8/31/1955 7/31/1925

SDF 448 222

ID 31 82 Name Matt Sherwood Burlie Segelke Address 32865 MCR V Hillrose, CO 80733 13043 Cnty Rd 55 Hillrose, CO 80733 Well Permit No. 9155-F 8485 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 12/26/1980 Location NWSW 15-4-55 SWSW 29-5-54 Irrigated Acres 61 133 Rate 2.22 cfs 1.85 cfs Appropriation Date 4/19/1965 5/15/1956 SDF 503 656

ID 32 83 Name Matt Sherwood James & Dorthy Thaemert Address 32865 MCR V Hillrose, CO 80733 55720 Cnty Rd Q Hillrose, CO 80733 Well Permit No. 8559 6781 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 12/26/1980 Location SWNW 15-4-55 NWSW 29-5-54 Irrigated Acres 62 100 Rate 2.44 cfs 2.67 cfs Appropriation Date 9/30/1946 5/15/1938 SDF 448 653

ID 33 84 Name Jack, Robert, Don & Jill Chapman Eleanor C Krueger Address 34272 Cnty Rd X Hillrose, CO 80733 14017 Cnty Rd 56 Hillrose, CO 80733 Well Permit No. 8647 8371 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SENW 15-4-55 SWNW 29-5-54 Irrigated Acres 90 160 Rate 3.22 cfs 3.71 cfs Appropriation Date 7/31/1954 7/31/1936 SDF 458 542

ID 34 85 Name Howard & Bonnie Curtis James & Dorthy Thaemert Address 25512 MCR R Brush, CO 80723 55720 Cnty Rd Q Hillrose, CO 80733 Well Permit No. 8553 5707-F Previous Decree/ Date W 2969 - 12/26/1980 W 2969 - 12/26/1980 Location NENE 15-4-55 SWSE 29-5-54 Irrigated Acres 190 100 Rate 2.41 cfs 2.00 cfs Appropriation Date 3/31/1940 6/5/1964

SDF 765 1150

ID 35 86 Name Town of Hillrose Eleanor C Krueger Address PO Box 1 Hillrose, CO 80733 14017 Cnty Rd 56 Hillrose, CO 80733 Well Permit No. 10173 8369 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SESW 10-4-55 SWNE 29-5-54 Irrigated Acres 10 80 Rate 1.94 cfs 2.11 cfs Appropriation Date 3/31/1930 1/31/1956 SDF 491 830

ID 36 87 Name Parachute Ranch, Inc Charles F Leaf Address 33549 MCR X.5 Hillrose, CO 80733 59365 WCR R Merino, CO 80741 Well Permit No. 8532-RF750 8385 Previous Decree/ Date W 2969 - 12/26/1980 W 2969 - 12/26/1980 Location SWNW 10-4-55 SENE 29-5-54 Irrigated Acres 160 80 Rate 3.52 cfs 2.22 cfs Appropriation Date 7/15/1940 5/25/1954 SDF 228 926

ID 37 88 Name Georgiana M Boyles Chris Segelke Address 2495 S Quebec St #36 Denver, CO 80231 13249 Cnty Rd 56 Hillrose, CO 80733 Well Permit No. 8562 6329 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 12/26/1980 Location SWSE 10-4-55 SWNW 20-5-54 Irrigated Acres 65 134 Rate 2.67 cfs 3.72 cfs Appropriation Date 3/31/1939 5/15/1935 SDF 513 361

ID 38 89 Name Jeffrey & Christina Bauer

Don L. Chapman Naomi & Frank James Address PO Box 7 Hillrose, CO 80733

34272 Cnty Rd X Hillrose, CO 80733 13027 Cnty Rd 56 Hillrose, CO 80733 Well Permit No. 8659 8484 Previous Decree/ Date W 2969 - 10/2/1980 W 2969 - 12/26/1980 Location NWSE 10-4-55 SWSW 20-5-54 Irrigated Acres 236 133 Rate 3.99 cfs 3.94 cfs

Appropriation Date 8/31/1954 3/31/1920 SDF 524 527

ID 39 90 Name Parachute Ranch, Inc Wes Segeke Address 33549 MCR X.5 Hillrose, CO 80733 1720 S Bellaire St Suite 300 Denver, CO 80222 Well Permit No. 7147 RF-531 Previous Decree/ Date W 2969 - 12/26/1980 W 2969 - 12/18/1979 Location NWNE 10-4-55 SWSE 20-5-54 Irrigated Acres 150 160 Rate 4.72 cfs 4.00 cfs Appropriation Date 7/31/1929 3/31/1930 SDF 313 630

ID 40 91 Name Town of Hillrose Snyder Dairy Address PO Box 1 Hillrose, CO 80733 56525 Cnty Rd P Hillrose, CO 80733 Well Permit No. 018543F 0860 Previous Decree/ Date W 2969 - 3/281978 & W 5951- 3/28/1978 W 2969 - 3/28/1978 Location NESE 10-4-55 SWNE 20-5-54 Irrigated Acres Dom 320 Rate 2.22 cfs 6.48 cfs Appropriation Date 10/8/1900 6/10/1932 SDF 327 418

ID 41 92 Name Parachute Ranch, Inc Charles, Earl, Everett, Kenneth Snyder Address 33549 MCR X.5 Hillrose, CO 80733 56525 Cnty Rd P Hillrose, CO 80733 Well Permit No. 8561 6827 Previous Decree/ Date W 2969 - 12/26/1980 W 2969 - 3/28/1978 Location SESW 3-4-55 SWSW 17-5-54 Irrigated Acres 160 146 Rate 5.45 cfs 3.85 cfs Appropriation Date 8/31/1944 5/18/1939 SDF 213 234

ID 42 93 Name Parachute Ranch, Inc Gill Trust Address 33549 MCR X.5 Hillrose, CO 80733 2141 Glenfair Dr. Greeley, CO 80631 Well Permit No. 8396 6966 Previous Decree/ Date W 2969 - 3/31/1981 W 4298 - 1/27/1977 & W 1470 - 12/13/1976 Location SWNW 3-4-55 SWNW 17-5-54 Irrigated Acres 224 390 Rate 4.39 cfs 6.40 cfs

Appropriation Date 4/30/1920 12/31/1933 SDF 131 109

ID 43 94 Name Parachute Ranch, Inc James & Dorthy Thaemert Address 33549 MCR X.5 Hillrose, CO 80733 55720 Cnty Rd Q Hillrose, CO 80733 Well Permit No. 2307 8656 Previous Decree/ Date W 2969 - 3/31/1981 W 2969 - 3/28/1978 Location NWNW 3-4-55 SWSW 28-5-54 Irrigated Acres 224 80 Rate 4.89 cfs 1.60 cfs Appropriation Date 12/31/1922 3/31/1955 SDF 31 1192

ID 44 95 Name Parachute Ranch, Inc James & Dorthy Thaemert Address 33549 MCR X.5 Hillrose, CO 80733 55720 Cnty Rd Q Hillrose, CO 80733 Well Permit No. 8395 8655 Previous Decree/ Date W 2969 - 3/31/1981 W 2969 - 3/28/1978 Location SWNE 3-4-55 NWSW 28-5-54 Irrigated Acres 224 80 Rate 4.39 cfs 1.92 cfs Appropriation Date 5/31/1923 3/31/1944 SDF 180 1041

ID 45 96 Name Charles & Diana Sturrock Mr. JAK Ranches Address 50001 WCR 122 Grover, CO 80729 14456 Hwy 6 Hillrose, CO 80733 Well Permit No. 24153-F 6751-F Previous Decree/ Date W 2969 - 4/11/1979 W 2969 - 3/28/1978 Location SENW 11-4-55 NWSW 21-5-54 Irrigated Acres 80 146 Rate 3.12 cfs 2.23 cfs Appropriation Date 11/22/1976 3/31/1945 SDF 768 545

ID 46 97 Name Jeffrey & Christina Bauer Mr. JAK Ranches Address PO Box 7 Hillrose, CO 80733 14456 Hwy 6 Hillrose, CO 80733 Well Permit No. 6625RF 5319-F Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location NWSE 11-4-55 NESW 21-5-54 Irrigated Acres 90 147 Rate 2.66 cfs 3.13 cfs

Appropriation Date 12/31/1964 3/25/1964 SDF 772 567

ID 47 98 Name William Chapman Trust Eleanor C Krueger Address 34272 Cnty Rd X Hillrose, CO 80733 14017 Cnty Rd 56 Hillrose, CO 80733 Well Permit No. 8646 0682-RF813 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location NESE 11-4-55 SESW 21-5-54 Irrigated Acres 120 70 Rate 2.13 cfs 2.62 cfs Appropriation Date 7/31/1954 3/6/1955 SDF 763 686

ID 48 99 Name William Chapman Trust Charles & Frances Snyder Address 34272 Cnty Rd X Hillrose, CO 80733 56525 Cnty Rd P Hillrose, CO 80733 Well Permit No. 2157F 02996-F Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 3/28/1978 Location SENE 11-4-55 SWNW 21-5-54 Irrigated Acres 120 147 Rate 1.67 4.77 cfs Appropriation Date 5/23/1959 5/31/1929 SDF 658 432

ID 49 100 Name Ed Fritzler

William & Carol Kerwin State of Colorado Address 34625 Cnty Rd X Hillrose, CO 80733

1410 Abilene Drive Broomfield, CO 80020 State of CO; 14491 Cnty Rd 57 Hillrose, CO 80733

Well Permit No. 7121 8579 Previous Decree/ Date W 2969 - 3/28/1978 W 2969 - 4/28/1978 Location SWSW 2-4-55 SWSW 16-5-54 Irrigated Acres 263 205 Rate 4.09 cfs 3.97 cfs Appropriation Date 6/17/1954 3/31/1954 SDF 373 224

ID 50 101 Name Cheta-Petie Farm Company Otis William Gill Address PO Box 2 Wray, CO 80758 RR1 Box 86G Merino, CO 80741 Well Permit No. 7144 RF727 Previous Decree/ Date W 2969 - 10/30/1979 W 4298 - 1/27/1977 & W 1469 - 12/13/1976 Location SWNW 2-4-55 SENW 16-5-54 Irrigated Acres 130 340

Rate 4.45 cfs 8.11 cfs Appropriation Date 6/30/1953 5/31/1934 SDF 175 128

ID 51 Name Jon & Doris Frazier Trust Address 55345 Cnty Rd P Hillrose, CO 80733 Well Permit No. 8530 Previous Decree/ Date W 2969 - 12/26/1980 Location SENW 2-4-55 Irrigated Acres 160 Rate 3.37 cfs Appropriation Date 7/12/1957 SDF 163

3.2 Are there other water rights diverted from the structures? ⌧ Yes No

3.3 Previous decree(s) for water right(s) to be used for augmentation: Applicant’s portion of the recharge credits generated pursuant to operation of the water rights claimed in Section I, the storage rights described in Section II, above and the Company’s portion of recharge credits derived from the exercise of the water rights decreed to the Wind Recharge Pond (Case No. W-8438), Emerson Lake (Case No. 79CW184); Eschen Recharge Basin (Case No. 82CW390); and the Quint Recharge Plan (Case No. 03CW370). 3.4 Legal description of point(s) of diversion or place of storage: are as stated in Sections I and II, above and in the above-listed decrees.

Source: Water in, or tributary to, the South Platte River.

Decreed use : Decreed for multiple uses, including augmentation. 3.5 Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan.

A. Diversions will be made at a rate up to 322 cfs to supply water to 29 additional recharge sites described in

Section I, above and for irrigation purposes. Exhibit A displays the locations of the recharge sites. Accretions to the South Platte River will be determined monthly based on the net deliveries to the sites and the SDF method. Evaporation will be deducted from the measured deliveries to determine net recharge. Evaporation will be calculated using the climate data for the Akron weather station or a weather station closer to, or within, the lands irrigated under the Lower Platte & Beaver system.

B. Net well depletions will be calculated in the same manner as described in the decree in Case No. W-2969. The SDF values for the wells are the same as those assigned in W-2969. Due to the development of sprinkler systems, particularly the center pivots, the net well pumpage for wells using sprinklers will be calculated as 75 percent and for wells using flood irrigation will be calculated as 65 percent of the measured pumpage. Alternatively, the net well pumpage will be calculated as the difference between the consumptive irrigation requirements of the crops determined by the modified Blaney-Criddle method and (a) 41 percent of the canal diversion for sprinkler-

irrigated fields and 35 percent of the canal diversion for flood-irrigated fields or (b) 75 percent of the measured farm headgate delivery for sprinkler-irrigated fields and 65 percent of the measured farm headgate delivery for flood-irrigated fields. The consumptive irrigation requirements must be increased by 5 percent for fields irrigated by sprinkler systems to account for spray losses. Currently, sprinkler systems are used with 31 wells.

C. The Company will use its Headgate Well (Permit No. 60156-F), described in Section I, above, constructed in the NW1/4SE1/4 of section 13, T.5N., R.55W, and adjacent to the South Platte River as depicted on Exhibit A (ID 102). Due to its proximity to the South Platte River the SDF is 0 days which means that pumpage results in direct and instantaneous depletion to the river flow. The well will be pumped at times when it is in priority through a buried pipeline to the Snyder N (ID 222), Snyder M (ID 221), Snyder E (ID 220), Snyder W (ID 223), and Eschen (ID 225) recharge sites, or delivered directly into the Prewitt Inlet Canal. Recharge credits will be determined by the SDF method.

D. The Company will use 24 irrigation wells as augmentation sources. They will pump into Lower Platte and Beaver Canal or to laterals. Water will be delivered to the South Platte River through Beaver Creek, to the South Platte River via laterals or to the Prewitt Inlet Canal. The pumpage will be measured. The delivery will offset depletions caused by the irrigation and augmentation wells. The net pumpage will be applied to the SDF method for determination of depletions caused by the use of the augmentation wells. There are 3 groupings of augmentation wells: the western group discharges to the canal and to Beaver Creek; the middle group discharges to laterals that run to the river; and the eastern group discharges to laterals that run to the river or to the Prewitt Inlet Canal.

E. The direct flow and storage rights owned by the Company will be changed to include augmentation as a decreed use of the water. The changed water will be bypassed at the Company’s diversion or diverted and returned to the river via Beaver Creek. The historical return flows, both immediate and delayed, will become part of the Company’s augmentation obligation. That obligation will be replaced from (a) the amounts bypassed or returned to the river via Beaver Creek directly, (b) recharge credits developed under the decree in Case No. W-2969, (c) augmentation credits developed through the exercise of the conditional water rights claimed in Section 1, above, and (d) the Company’s portion of recharge credits derived from the exercise of the water rights decreed to the Wind Recharge Pond (Case No. W-8438), Emerson Lake (Case No. 79CW184), Eschen Recharge Basin (Case No. 82CW390), and the Quint Recharge Plan (Case No. 03CW370). The direct flow and storage diversions will be used only in those years when projections show that the other augmentation sources are insufficient to replace out-of-priority depletions.

F. To the extent that this plan produces recharge accretions over and above the amount necessary to replace

out-of priority depletions under this plan, Applicant intends to re-divert such accretions by exchange to the Lower Platte & Beaver Canal headgate and to deliver such accretions into any of the recharge structures described in Section I above or in the decree entered in Case No. W-2969.

03CW444 LEE AND VIRGINIA EVANS, Richard A. Johnson (#16047), Stephen C. Larson (#23275), JOHNSON & REPUCCI LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304, (303) 442-1900, APPLICATION FOR WATER STORAGE RIGHTS, DIRECT FLOW RIGHTS, SPRING RIGHTS AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, IN BOULDER COUNTY. 1. Name and Address of Applicants: Lee and Virginia Evans, Arapaho Ranch, P.O. Box 100, Nederland, Colorado 80466. Copies of all pleadings to: Richard A. Johnson, Stephen C. Larson, JOHNSON & REPUCCI LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. 2. Overview. The Arapaho Ranch (the “Ranch”) is located along both sides of Middle Boulder Creek above the town of Nederland and Barker Reservoir, as shown in Figure 1. Five small lakes (Kingfisher Lake, Lake Jennie Lee, Windsong Lake, Beaver Lake and Two Moons Lake) are located along both sides of Middle Boulder Creek on the west side of the Ranch. The lakes are used for recreational purposes by a

fishing club, as well as for aesthetic and piscatorial uses. The Applicants divert water out of Middle Boulder Creek on both the north and south sides of the river. The water is passed down-gradient from one lake to the next to provide freshening flows and then is discharged back to the creek. Due to the historic operation of these flow-through diversions, the lakes have functioned as on-stream reservoirs. In addition, the property contains nine small springs that feed the lakes and maintain other wetlands areas on the Ranch. The springs, diversion points, lake outlets and conveyances between the lakes are illustrated in Figure 1. The lakes will be filled when in priority. Apart from the fill, the only depletions caused by the lakes will be due to evaporation. During times when the lakes are out-of-priority, Applicants seek to continue to divert freshening flows through the lakes and operate under a plan for augmentation. The plan for augmentation will allow the flow-through diversions to continue so long as the lakes are drawn down by the evaporation rate or adequate replacement water is released to the stream. I. APPLICATION FOR WATER STORAGE RIGHTS. 3. Name of Structures. (a) Lake Jennie Lee, (b) Kingfisher Lake, (c) Windsong Lake, (d) Beaver Lake, (e) Two Moons Lake. 4. Legal Descriptions. (a) Lake Jennie Lee is located in portions of the NE1/4 of the SE 1/4 and the SE 1/4 of the NE 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian. (b) Kingfisher Lake is located in portions of the NW 1/4 of the NE 1/4 and the NE 1/4 of the NE 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian. (c) Windsong Lake is located in portions of the SE 1/4 of the NE 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian, with the center point of the dam axis located 1,500 feet South of the North section line, and 800 feet West of the East section line of Section 22. (d) Beaver Lake is located in portions of NE 1/4 of the NE 1/4 and the SE 1/4 of the NE 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian, with the center point of the dam axis located 1,300 feet South of the North section line, and 250 feet West of the East section line of Section 22. (e) Two Moons Lake is located in the NW 1/4 of the NW 1/4 Section 23, Township 1 South, Range 73 West of the 6th Principal Meridian, with the center point of the dam axis located 900 feet South of the North section line, and 400 feet East of the West section line of Section 23. 5. Amounts Claimed. (a) Lake Jennie Lee: 54.0 acre-feet, absolute, with the right to fill and refill. (b) Kingfisher Lake: 200.0 acre-feet, absolute, with the right to fill and refill. (c) Windsong Lake: 67.0 acre-feet, absolute, with the right to fill and refill. (d) Beaver Lake: 29.0 acre-feet, absolute, with the right to fill and refill. (e) Two Moons Lake: 24.0 acre-feet, absolute, with the right to fill and refill. 6. Source. The source for each of the five lakes identified in paragraphs 3 through 5 above is Middle Boulder Creek. 7. Uses. The uses for each of the five lakes identified in paragraphs 3 through 5 above are: recreational, fishery, piscatorial, fish and wildlife habitat, and aesthetic. 8. Dates of Appropriation. (a) Lake Jennie Lee: December 31, 1875. (b) Kingfisher Lake: December 31, 1954. (c) Windsong Lake: December 31, 1954. (d) Beaver Lake: June 26, 1971. (e) Two Moons Lake: July 1, 1977. 9. Name of Owner of Land Upon Which Structures Are Located. Each of the five lakes identified in paragraphs 3 through 5 above are located on the Applicants' property. II. APPLICATION FOR DIRECT FLOW RIGHTS. 10. Name of Structures. (a) Evans North Side Diversion, (b) Evans South Side Diversion. 11. Legal Descriptions. (a) Evans North Side Diversion is located in the NE 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian, 2,200 feet South of the North section line and 1,350 feet West of the East section line of Section 22. (b) Evans South Side Diversion is located in the SE 1/4 of Section 23, Township 1 South, Range 73 West of the 6th Principal Meridian, 2,500 feet North of the South section line and 2,600 feet West of the East section line of Section 23. 12. Amounts Claimed. (a) Evans North Side Diversion: 2.0 c.f.s., absolute. (b) Evans South Side Diversion: 2.0 c.f.s., absolute. 13. Source. The source for Evans North Side Diversion and Evans South Side Diversion is Middle Boulder Creek. 14. Uses. The uses for Evans North Side Diversion and Evans South Side Diversion are: pass-through freshening flows and lake filling for the five lakes described in Section I above, recreational, fishery, piscatorial, fish and wildlife habitat, and aesthetic. 15. Dates of Appropriation. (a) Evans North Side Diversion: December 31, 1954. (b) Evans South Side Diversion: December 31, 1954. 16. Name of Owner of Land Upon Which Structures Are Located. Evans North Side Diversion and Evans South Side Diversion are both located on Applicants' property. III. APPLICATION FOR SPRING RIGHTS. 17. Name of Structures. (a) Beach Hill Spring, (b) Blue Jay Spring, (c) Upper Meadow Spring, (d) Windsong Spring, (e) Beaver Spring, (f) Two Moons Spring, (g) Kingfisher Spring, (h) 1-2 Pond Spring, (i) Cabin Spring. 18. Legal Descriptions. (a) Beach Hill Spring is located in the NW 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian, 1,350 feet South of the North section

line and 1,050 feet East of the West section line of Section 22. (b) Blue Jay Spring is located in the SE 1/4 of Section 15, Township 1 South, Range 73 West of the 6th Principal Meridian, 200 feet North of the South section line and 1,700 feet West of the East section line of Section 15. (c) Upper Meadow Spring is located in the NE 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian, 100 feet South of the North section line and 1,000 feet West of the East section line of Section 22. (d) Windsong Spring is located in the NE 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian, 1,450 feet South of the North section line and 1,400 feet West of the East section line of Section 22. (e) Beaver Spring is located in the NE 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian, 1,000 feet South of the North section line and 800 feet West of the East section line of Section 22. (f) Two Moons Spring is located in the NE 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian, 750 feet South of the North section line and 20 feet West of the East section line of Section 22. (g) Kingfisher Spring is located in the SE 1/4 of Section 22, Township 1 South, Range 73 West of the 6th Principal Meridian, 1,200 feet North of the South section line and 2,150 feet West of the East section line of Section 22. (h) 1-2 Pond Spring is located in the NW 1/4 of Section 23, Township 1 South, Range 73 West of the 6th Principal Meridian, 1,450 feet South of the North section line and 100 feet East of the West section line of Section 23. (i) Cabin Spring is located in the NW 1/4 of Section 23, Township 1 South, Range 73 West of the 6th Principal Meridian, 1,800 feet South of the North section line and 2,400 feet East of the West section line of Section 23. 19. Amounts Claimed. (a) Beach Hill Spring: 0.0445 c.f.s (20 g.p.m.), absolute. (b) Blue Jay Spring: 0.0445 c.f.s. (20 g.p.m.), absolute. (c) Upper Meadow Spring: 0.0334 c.f.s (15 g.p.m.), absolute. (d) Windsong Spring: 0.0111 c.f.s (5 g.p.m.), absolute. (e) Beaver Spring: 0.0223 c.f.s (10 g.p.m.), absolute. (f) Two Moons Spring: 0.0111 c.f.s (5 g.p.m.), absolute. (g) Kingfisher Spring: 0.0223 c.f.s (10 g.p.m.), absolute. (h) 1-2 Pond Spring: 0.0223 c.f.s (10 g.p.m.), absolute. (i) Cabin Spring: 0.0111 c.f.s (5 g.p.m.), absolute. 20. Source: The source for each of the nine springs identified in paragraphs 17 through 19 is spring and seep water/groundwater tributary to Middle Boulder Creek. 21. Uses. The seven springs identified in paragraphs 17(a) through 17(g) above are claimed for the following uses: recreational, fishery, piscatorial, fish and wildlife habitat, pass-through freshening flows, lake filling, and aesthetic. The two springs identified in paragraphs 17(h) and 17(i) are claimed for all of the same uses, except for pass-through freshening flows and lake filling. 22. Dates of Appropriation. (a) Beach Hill Spring: November 31, 1946, as to all uses except for pass-through freshening flows and lake filling. June 26, 1971, as to pass-through freshening flows and lake filling. (b) Blue Jay Spring: November 31, 1946, as to all uses except for pass-through freshening flows and lake filling. June 26, 1971, as to pass-through freshening flows and lake filling. (c) Upper Meadow Spring: November 31, 1946, as to all uses except for pass-through freshening flows and lake filling. June 26, 1971, as to pass-through freshening flows and lake filling. (d) Windsong Spring: November 31, 1946, as to all uses except for pass-through freshening flows and lake filling. July 1, 1977, as to pass-through freshening flows and lake filling. (e) Beaver Spring: November 31, 1946, as to all uses except for pass-through freshening flows and lake filling. June 26, 1971, as to pass-through freshening flows and lake filling. (f) Two Moons Spring: November 31, 1946, as to all uses except for pass-through freshening flows and lake filling. July 1, 1977, as to pass-through freshening flows and lake filling. (g) Kingfisher Spring: November 31, 1946, as to all uses except for pass-through freshening flows and lake filling. December 31, 1954, as to pass-through freshening flows and lake filling. (h) 1-2 Pond Spring: November 31, 1946, as to all claimed uses. (i) Cabin Spring: November 31, 1946, as to all claimed uses. 23. Name of Owner of Land Upon Which Structures Are Located. Each of the nine springs identified paragraphs 17 through 19 above are located on Applicants' property, except for Beach Hill Spring, which is located upon United States Forest Service property. 24. Remarks. Applicants intend to keep Beach Hill Spring and the means by which the spring water seeps or is otherwise delivered to Applicants' property in its natural state. IV. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 25. Statement of plan for augmentation. The on-channel lakes identified above in Section I will be filled and refilled when in priority. When the lakes are not in priority, Applicants may divert pass-through freshening flows to the lakes only if Applicants either (a) draw down the lakes monthly by the amount of net monthly evaporation (such draw down to be calculated consistent with the table below), or (b) Applicants replace the storage volume lost to the net evaporation with suitable replacement water. The net monthly evaporation is equal to the gross evaporation minus the historic depletion credit attributable to each lake. The historic depletion credit is based upon the effective precipitation, the

elimination of phreatophytes and, where current lakes encompass natural pre-existing ponds (i.e. at Windsong Lake, Beaver Lake and Two Moons Lake), the historic depletion credit also reflects the historical evaporative loss from the natural lake surface area. The draw down will be measured by installing staff gauges in each of the lakes. Should Applicants elect to replace out of priority net evaporative losses in lieu of drawing the lakes down to account for such losses, then the volume of such replacement will be equal to the volume the net evaporative loss, calculated by multiplying the depth of the draw down times the exposed surface area, consistent with the below table. The replacement requirements may be less if actual surface areas are less than the maximum developed areas depicted on the table. 26. Name and Description of Structures to be Augmented. The following structures will either be drawn down by the amount of net monthly evaporation during times when pass-through flows are diverted to the lakes out of priority, or replacement water in the amount of net evaporative losses will be made available to the stream system. (a) Lake Jennie Lee, (b) Kingfisher Lake, (c) Windsong Lake, (d) Beaver Lake, (e) Two Moons Lake. The respective legal descriptions for these lakes are set forth in paragraphs 4(a) through 4(e) above. 27. Augmentation Water. When Applicants divert pass-through flows to the lakes out of priority, Applicants shall provide augmentation water to fully replace depletions in time, place and amount, equal to the net evaporative losses for the five lakes, except to the extent Applicant elects to draw down the lakes. 28. Demands and Depletions. The depletions associated with Applicants' plan consist solely of net evaporative losses, which are 100% consumptive. The maximum annual depletions under this plan total 19.65 acre-feet, based on the maximum surface areas of the lakes. WHEREFORE, Applicants request that this Court enter a judgment and decree which provides as follows: (i) Grants the water storage rights described in Section I above; (ii) Grants the direct flow rights described in Section II above; (iii) Grants the spring water rights described in Section III above; (iv) Approves the plan for augmentation described in Section IV above; and (v) Finds, as a result of Applicants' water storage rights, direct flow rights, spring water rights and plan for augmentation, that 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. 03CW445 Farmland Reserve Inc., 50 East North Temple, Salt Lake City, Utah 84150 and LWM Washout L.L.C., c/o Larry W. Miller, P.O. Box 512, Logan, Utah 84323-0512, 1-435-753-8350 (Stephen t. Williamson, Esq. POB 850, Louisville, CO 80027) Application for Change of Water Right, IN WELD COUNTY.

2. Decreed name of structure for which change is sought: Davis Well No. 5-14963.

3. From previous decree:

A. Davis Well No. 5-14963 was decreed in Case No. W-5466, District Court, Water Division 1, decree entered October 1, 1975.

B. Decreed Point of Diversion: located in the NE 1/4 of the NE 1/4,

Section 1, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point approximately 562 feet West and 45 feet South of the NE corner of said Section 1.

C. Source: Groundwater tributary to the South Platte River.

D. Appropriation Date and Amount: March 31, 1955 in the amount of

2.01 cubic feet per second.

E. Historic Use: irrigation of approximately 210 acres in the E 1/2 of Section 1, Township 5 North, Range 65 West of the 6th P.M.,

Weld County, Colorado (“Property”). The Property is depicted on the map attached hereto as Exhibit “A.” Davis Well No. 5-14963 is augmented under the “Poudre Plan,” decreed in Case Nos. W-8086 and W-7921, Water Division No. 1. Irrigation practices on said Property have historically included tailwater recycling from the pond depicted Exhibit “A.” No diversion records for the Davis Well No. 5-14963 exist (see Exhibit “B”).

4. Proposed Change:

A. Change Requested: Applicants propose to change the use of the

water from irrigation to irrigation and industrial use.

B. Location: No change in the point of diversion is requested herein.

C. Amount: Applicants are not seeking to increase the amounts

previously decreed to and historically diverted by Davis Well No. 5-14963.

D. Proposed Plan for Operation: Applicants are not hereby seeking to

expand the use or change the amount, location and timing of depletions or return flows for Davis Well No. 5-14963. Davis Well No. 5-14963 will be operated in a manner consistent with its historical operation, with the following changes:

i. Industrial uses: Applicants will use a portion of the

water diverted by Davis Well No. 5-14963 in the operation of a livestock trailer flushing facility to be developed on the Property by LWM Washout L.L.C.

ii. Return flows from the livestock trailer flushing facility

operation will be captured in a lined detention pond. A portion of the wastewater will be recycled for use in the livestock trailer flushing operation and the remainder will be used for irrigation on the Property.

iii. Applicants will account for the consumptive use associated

with the operation of the livestock trailer flushing facility and evaporative losses from the aforementioned detention pond.

iv. Development of the livestock trailer flushing facility will

require the cessation of irrigation on a total of 12.55 historically irrigated acres of the Property. Said dry up is estimated to be sufficient to offset the consumptive use from the operation of the livestock trailer flushing facility and evaporative losses from the aforementioned detention pond, and, therefore, sufficient to avoid injury to vested water rights from the change of water rights

requested herein. Applicants will dry up additional acreage if engineering and/or water accounting based on operational experience indicates such a need.

v. As a further means of preventing injury, Applicants shall

install measuring and recording devices and account for water diversion and use as required by the State Engineer.

5. Name and address of owner of land on which structures are

located: Farmland Reserve Inc. 03CW446 Castle Pines North Metropolitan District, 7404 Yorkshire Drive, Castle Rock, CO 80104, c/o John M. Dingess, Austin Hamre, Duncan, Ostrander & Dingess, P.C., 4600 South Ulster Street, Suite 1111, Denver, CO 80237; ph.: 303.779.0200. Castle Pines Metropolitan District, 5880 Country Club Drive, Castle Rock, CO 80104, c/o Stephen H. Leonhardt, Scott A. Clark, Burns, Figa & Will, P.C.; 6400 South Fiddlers Green Circle, Ste. 1030, Englewood, CO 80111; ph.: 303.796.2626. CHANGE OF WATER RIGHTS AND AMENDMENT OF PLAN FOR AUGMENTATION in the DENVER FORMATION, DOUGLAS COUNTY 1. Additional Applicant information: The Applicants own and maintain water service facilities to provide water service to the inhabitants of their service areas and to those with whom either of the Applicants has an agreement for water service. The present boundaries of the Castle Pines North Metropolitan District and the Castle Pines Metropolitan District are as shown on Exhibit 1. The water at issue in this case underlies the lands within the Castle Pines North Water Rights Boundary as shown on Exhibit 1, referred to herein as the “Subject Lands.” 2. Decreed names of water rights for which change is sought: Well Nos. Den-2, Den-4 and Den-5. These wells are not yet in existence. 3. From previous decrees: A. The water to be withdrawn through wells Den-1 through Den-7, including the three Denver Aquifer wells identified in paragraph 3.2 below, was determined to be not-nontributary, and the amount available for withdrawal was quantified, in Case No. 84CW060. That decree defined the specific well locations stated below, and also allowed the construction of additional wells as necessary. The operation of the seven Denver formation wells and any additional wells as a well field also was authorized. The 84CW060 decree further required approval of an augmentation plan prior to pumping the wells. The augmentation plan for wells Den-1 through Den-7 was approved in Case No. 98CW468, however, that decree made no reference to additional wells or to well field operations. B. The three wells for which a change in point of diversion is sought herein were decreed as follows: i. Well No. Den-2: Location: In the NW ¼, SE ¼, Section 4, Township 7 South, Range 67 West, 6th P.M., 1,349 feet from the South Section Line, 2,571 feet from the East Section Line; Depth: 1,685 feet; Pumping Rate: 250 g.p.m.; Annual Withdrawal: 208.85 acre-feet. ii. Well No. Den-4: Location: In the NE ¼, NE ¼ , Section 5, Township 7 South, Range 67 West, 6th P.M., 471 feet from the North Section Line, 446 feet from the East Section Line; Depth: 1,800 feet; Pumping Rate: 250 g.p.m.; Annual Withdrawal: 208.85 acre-feet. iii. Well No. Den-5: Location: In the SW ¼, NW ¼, Section 33, Township 6 South, Range 67 West, 6th P.M., 2,349 feet from the North Section Line, 1,034 feet from the West Section Line; Depth: 1,600 feet; Pumping Rate: 250 g.p.m.; Annual Withdrawal: 208.85 acre-feet. 4. Proposed Changes: Applicants seek to change the decreed location of the three wells identified above. The pumping rate and annual amount of withdrawal will remain unchanged. Well depths stated in the original decree will be subject to actual conditions encountered while drilling and may be adjusted based on geophysical logging. Applicants further seek to amend the plan for augmentation decreed in Case No. 98CW468 to incorporate such changed locations, and to allow supplemental wells and well field operations as provided in the 84CW060 decree to facilitate the withdrawal of the full amount of Denver aquifer water decreed in that case. A. Change in well locations: i. Well No. Den-2 Location: In the SE ¼, NW ¼, Section 4, Township 7 South, Range 67 West, 6th P.M., 1,330 feet from the North Section Line, 1800 feet from the West Section Line. ii. Well No. Den-4 Location: In the SW ¼, NE ¼ , Section 5, Township 7 South, Range 67 West, 6th P.M., 2400 feet from the North Section Line, 1700 feet from the East Section Line. iii. Well No. Den-5 Location: In the SE ¼, NW ¼, Section 33, Township 6 South, Range 67 West, 6th P.M., 2,349 feet from the North Section Line, 1,390 feet from

the West Section Line. B. With regard to Wells Den-1 through Den-7, inclusive, all of which will be within the Subject Lands shown on Exhibit 1, Applicants seek to amend the augmentation plan decreed in Case No. 98CW468 to make it consistent with the decree entered in 84CW060. Specifically, Applicants seek a decree authorizing the State Engineer to issue permits for any supplemental wells Applicants deem necessary, within the Subject Lands shown on Exhibit 1, to withdraw the allowed average annual volumes authorized by the above decrees for those seven wells, provided that Applicants’ permit application(s) comply with C.R.S. §37-90-137(10), the 600 foot spacing rule of C.R.S. §37-90-137(2) and Rule 12 of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7. C. Wells Den-1through Den-7, inclusive, and any supplemental wells described in the foregoing paragraph all will produce ground water from the same aquifer and from within the Subject Lands, and therefore, constitute a “Well Field” as that term is defined by Rule 4.(13) of the Rules and Regulations entitled, Statewide Nontributary Ground Water Rules, 2 CCR 402-7. As such, Applicants may withdraw the total annual volume and pumping rate allowed for the above-described Denver wells through any one or any combination of these wells, and all of these wells may be used as a Well Field. D. None of the changed well locations sought herein place a well in a different section than the section in which it was originally decreed. The State Engineer’s Senate Bill 5 model therefore recognizes no change for purposes of calculating the timing, amount or location of stream depletions. Moreover, all supplemental wells will replace Denver aquifer ground water based on the actual depletions within a given section as determined in 98CW468. Replacements will be made according to the depletion curves appended to that decree based on the locations of the supplemental wells. Post pumping depletions will be replaced for the supplemental wells in accordance with Attachment D of 98CW468. Consequently, the amendment of the plan for augmentation decreed in Case No. 98CW468 to incorporate the changed locations, supplemental wells and well field operations described herein will not injuriously affect any surface stream. E. Except for the changes identified above, the wells authorized by the decree to be entered herein will be subject to all of the limitations, terms and conditions contained in the decrees entered in Case Nos. 84CW060 and 98CW468. 5. Names and addresses of owners of the land on which structures will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The owner of the land at the three new well locations is the Castle Pines North Metropolitan District. Any additional wells will be located on land for which the Applicants then hold an appropriate right of use, either by ownership, easement or contract. The water involved herein may be used on lands owned by any landowner within the Applicants’ boundaries, or others to whom water may be supplied by Applicants pursuant to agreement. The names of such landowners are too numerous to list. (7 pages) 03CW447 Dillon, LLLP, a Colorado Limited Liability Limited Partnership, Dillon, LLLP, c/o Jack C. Dillon, General Partner, 138 S. Downing Street, Denver, CO 80209 (Timothy R. Buchanan, Timothy R. Buchanan, P.C., 7703 Ralston Road, Arvada, CO 80002, (303) 431-9141), Application For Surface Water Rights, IN WELD COUNTY. 2.Name of structure: Sandstone Ridge Ditch. 3. Legal description of point of diversion: The water claimed herein is diverted in the Northwest 1/4 of the Southeast 1/4 of Section 22, Township 2 North, Range 68 West of the 6th Principal Meridian, in Weld County, Colorado, and is carried in a ditch from the point of diversion easterly across Section 22, thence North along Interstate 25 to the South 1/2 of the Southeast 1/4 of Section 15, Township 2 North Range 68 West of the 6th Principal Meridian. 4. Source: Unclaimed waste water from the Boulder and Weld Ditch tributary to St. Vrain Creek, a tributary of the South Platte River. 5.Appropriation: a. Date of appropriation: March 15, 1978. b. How appropriation was initiated: Diversion and application of water for beneficial use.6. Amount Claimed: 5.0 C.F.S., absolute. 7.Use: The water claimed has been and will be used for domestic, industrial, commercial, irrigation, stockwatering, recreation, fish and wildlife purposes and fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water will be fully consumed during the first use of the water, or recaptured and reused until fully consumed. When used for irrigation purposes the water will be used to irrigate approximately 72 acres of land located in the South 1/2 of the Southeast 1/4 of Section 15, Township 2 North, Range 68 West of the 6th Principal Meridian. 8. Name and address of the owners of land upon which any structure is or will be located, upon which water is or will be stored, or which water will be placed to a beneficial use: Dillon,

LLLP, c/o Jack C. Dillon, General Partner, 138 S. Downing Street, Denver, CO 80209; Haley Land Company, LLC, 14491 Weld County Road 5, Longmont, CO 80504; State of Colorado Department of Transportation, 4201 E. Arkansas Avenue, Room 277, Denver, CO 80222. WHEREFORE, Dillon, LLLP requests that the Court grant the application in this case and enter a decree in conformance therewith. (4 pages) 03CW448 JEFFERSON COUNTY SCHOOL DISTRICT R-1, Attn: Jack H. Swanzy, Director of Facilities Planning and Design, 809 Quail Street, Building 4, Lakewood, 80215 (James R. Montgomery, Gabriel D. Carter, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306-1440, 303-443-8782); UPPER SOUTH PLATTE WATER CONSERVANCY DISTRICT, Attn: Stephen A. Spann, President, P. O. Box 612, Fairplay, CO 80440 (Jeffrey J. Kahn, Bernard, Lyons, Gaddis & Kahn, P.C., P. O. Box 978, Longmont, CO 80502-0978), 303-776-9900; and CENTER OF COLORADO WATER CONSERVANCY DISTRICT, Attn: Daniel D. Drucker, President, P. O. Box 1747, Fairplay, CO 80440-1747, (303) 838-0302 (James W. Culichia, Felt, Monson & Culichia, LLC, 319 North Weber Street, Colorado Springs, CO 80903, (719) 471-1212. APPLICATION FOR ABSOLUTE WATER STORAGE RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE, IN JEFFERSON AND PARK COUNTIES. (The Upper South Platte Water Conservancy District and the Center of Colorado Water Conservancy District are collectively referred to hereinafter as the “Co-Applicant Districts.”) CLAIM FOR ABSOLUTE WATER STORAGE RIGHTS 2. Names of reservoirs: Windy Peak Upper Pond and Windy Peak Lower Pond. 3. Legal descriptions: Windy Peak Upper Pond: Located in the SE1/4 of the SE1/4 of Section 24, Township 8 South, Range 72 West of the 6th P.M., Jefferson County, Colorado, with the outlet being located at a point 600 feet from the east section line and 500 feet from the south section line of said Section 24. Windy Peak Lower Pond: Located in the SW1/4 of the SW1/4 of Section 19, Township 8 South, Range 71 West of the 6th P.M., Jefferson County, Colorado, with the outlet being located at a point 300 feet from the west section line and 500 feet from the south section line of said Section 19. 4. Source: Freeman Creek, tributary to Buffalo Creek, tributary to the North Fork of the South Platte River, tributary to the South Platte River. 5. Appropriation dates: Windy Peak Upper Pond: April 10, 1975; Windy Peak Lower Pond: December 31, 1950. 6. Amounts: Windy Peak Upper Pond: 1.18 acre-feet, ABSOLUTE; Windy Peak Lower Pond: 7.43 acre-feet, ABSOLUTE. 7. Uses: Irrigation, domestic, commercial, education, fire protection, augmentation, aesthetic, piscatorial, and fish and wildlife preservation and propagation. Windy Peak Upper Pond and Windy Peak Lower Pond have been used to irrigate up to 27 acres of grass hay meadows located in the S1/2 of the SW1/4 of Section 19, Township 8 South, Range 71 West of the 6th P.M., Jefferson County, Colorado. 8. Surface area and dam height and length: Windy Peak Upper Pond: 0.33 acres surface area of high

water line; non-jurisdictional dam of 10 feet high and 160 feet long, measured pursuant to C.R.S. § 37-87-105(1). Windy Peak Lower Pond: 0.80 acres surface area of high water line; non-jurisdictional dam of 10 feet high and 280 feet long, measured pursuant to C.R.S. § 37-87-105(1). 9. Capacity: Windy Peak Upper Pond: Total capacity of 1.18 acre-feet; active capacity of 0.75 acre-feet; dead storage of 0.43 acre-feet. Windy Peak Lower Pond: Total capacity of 7.43 acre-feet; active capacity of 4.53 acre-feet; dead storage of 2.90 acre-feet. 10. Name and address of owner of land upon which structures located and water beneficially used: Jefferson County School District R-1, 809 Quail Street, Building 4, Lakewood, Colorado 80215. 11. Remarks: Out-of-priority evaporative depletions from Windy Peak Upper Pond and Windy Peak Lower Pond will be replaced under the plan for augmentation including exchange described below. PLAN FOR AUGMENTATION INCLUDING CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE 12. Structures to be augmented: A. Windy Peak Upper Pond, as described above. B. Windy Peak Lower Pond, as described above. C. Jefferson County School District Well No. 2: Decreed on December 1, 1975 in Case No. W-6371, by the District Court for Water Division No. 1; Permit No. 22517-F; located in the SE1/4 of the SE1/4 of Section 24, Township 8 South, Range 72 West of the 6th P.M., Jefferson County, Colorado, at a point whence the southeast corner of said Section 24 bears South 18Ε00'33" East, a distance of 1182.82 feet. D. Jefferson County School District Well No. 3: Decreed on December 1, 1975 in Case No. W-6371, by the District Court for Water Division No. 1; Permit No. 22518-F; located in the SW1/4 of the SW1/4 of Section 19, Township 8 South, Range 71 West of the 6th P.M., Jefferson County, Colorado, at a point whence the southwest corner of said Section 19 bears South 01Ε47'09" West, a distance of 828.16 feet. E. Jefferson County School District Well No. 5: Decreed on December 12, 1984 in Case No. 83CW274, by the District Court for Water Division No. 1; Permit No. 22516-RF; located in the SE1/4 of the SE1/4 of Section 24, Township 8 South, Range 72 West of the 6th P.M., Jefferson County, Colorado, at a point approximately 550 feet from the south section line and 450 feet from the east section line of said Section 24. No other water rights divert from Windy Peak Upper Pond and Windy Peak Lower Pond, or from Jefferson County School District Well No. 2 and Jefferson County School District Well No. 3. Pursuant to the 83CW274 decree, Jefferson County School District Well No. 1 (Permit No. 22516-F) and Jefferson County School District Well No. 4 (Permit No. 23550-F) were changed to Jefferson County School District Well No. 5. 13. Water rights to be used for augmentation: A. Augmentation water rights: Spinney Mountain Reservoir. Under a General Warranty Deed from the City of Aurora, as Grantor, and the USPWCD, as Grantee, dated May 31, 1994 and recorded June 13, 1994 in Book 522 at Page 310, Reception No. 427029 of the real property records of the Clerk and Recorder of Park County, Colorado, USPWCD is the owner of an “undivided interest in the right of first use to a firm yield of 37 acre-feet of water per annum from any of the water rights owned by Aurora

and decreed for storage in Spinney Mountain Reservoir.” The School District is entering into a Water Rights Use Agreement with the Co-Applicant Districts, pursuant to which the School District will have the perpetual right to use up to 2.4 acre-feet of consumptive use water per year from water rights decreed for storage in Spinney Mountain Reservoir (“Augmentation Water Rights”). B. Original decree: Adjudicated October 18, 1977 in Case No. W-7395, by the District Court for Water Division No. 1, State of Colorado. C. Legal description: Spinney Mountain Reservoir is located on the South Platte River in the S1/2 of Section 25, Township 12 South, Range 74 West of the 6th P.M., with the left abutment of the dam being located at a point whence the southwest corner of Section 36, Township 12 South, Range 74 West of the 6th P.M., Park County, Colorado, bears South 23Ε26' West, a distance of 8314.3 feet. D. Source: South Platte River. E. Amount: 86,000 acre-feet. F. Appropriation date: March 26, 1973. G. Uses: Domestic, irrigation, municipal and all other beneficial uses. 14. Statement of plan for augmentation: The use of the Augmentation Water Rights is being acquired from the Co-Applicant Districts to augment and replace any out-of-priority depletions that occur at the School District’s 205-acre Windy Peak Outdoor Education Laboratory School (“OELS”), which is located generally in the SE1/4 of the SE1/4 and the NW1/4 of the SE1/4 of Section 24, Township 8 South, Range 72 West of the 6th P.M., and in the S1/2 of the SW1/4 and the SW1/4 of the SE1/4 of Section 19, Township 8 South, Range 71 West of the 6th P.M., Park County, Colorado. A map depicting the location of the OELS is attached hereto as Appendix A and incorporated herein by reference. The OELS has been operated by the School District since early 1976 as an outdoor education school for sixth-grade students. The OELS operates for 36 to 38 weeks a year, from mid-August through mid-June, and on-site dormitories house up to approximately 180 sixth-grade students, high school student leaders and teachers who are temporary residents of the OELS on a weekly basis. Other facilities at the OELS include a community restroom and shower facility, a central dining area, and a lodge, a duplex and a single-family cabin, in which the principal and other permanent staff reside on a year-round basis. Several day staff also work at the OELS, but do not reside on-site. The School District’s master plan for the OELS calls for minimal additional housing and facilities which, if constructed, will be covered by this augmentation plan. For purposes of this plan, the School District’s engineers have assumed that sufficient augmentation and replacement water will be needed to account for a 20% growth in annual student use of the OELS, or approximately 24,000 student-days per year. The OELS is also used occasionally for non-school related conferences, and the School District’s engineers have assumed approximately 4000 visitor-days per year for such use of the OELS. Potable water for the OELS has been provided in recent years by the above-referenced Well No. 5 (Permit No. 22516-RF), which is connected to the central water system, including a 113,000 gallon clear water storage tank, and which is used for backwashing the water filter system and in-house purposes, including a fire protection supply. The well is not used for any irrigation or livestock watering. The above-referenced Well No. 2 (Permit No. 22517-F) and Well No. 3 (Permit No. 22518-F) are available as a backup supply but are not presently used at the OELS. Wastewater from the OELS is collected and treated by septic tank/soil absorption systems and, on that basis,

in-house use at the OELS has been assumed to be 10% consumptive by the School District’s engineers. The School District’s engineers have calculated that in-house diversions at the OELS will average 4.53 acre-feet per year, as shown below on Table 1:

Table 1 PROJECTED CAPITA DAYS AND WATER USE

Occupants

Capita/Days

Water Use Per Day (gallons)

Total Use (1,000 gallons)

Resident Staff (on-site) 3,830 80 306

Day Staff 2,520 20 50

Students and Leaders 24,000 40 960

Other Users 4,000 40 160

TOTAL

1,476 (4.53 acre-feet)

Thus, the School District must replace 0.45 acre-feet of in-house consumptive use annually to the stream system. The School District also must replace out-of-priority evaporative depletions from Windy Peak Upper Pond and Windy Peak Lower Pond, as described above. Pursuant to C.R.S. § 37-84-117(5), net evaporation from the ponds has been estimated by the School District’s engineers as occurring at a rate of 1.76 feet per year. On that basis, and assuming that the water rights for the ponds described above are out of priority for the entire year, the following Table 2 shows that the School District may need to replace to the stream system up to 1.35 acre-feet per year of evaporative depletions:

Table 2 EVAPORATION REPLACEMENT REQUIREMENT (net evaporation is estimated to be at the rate of 1.76 acre-feet per year)

Structure Surface Area (acres)

Annual Evaporation (acre-feet)

Windy Peak Upper Pond 0.33 0.58

Windy Peak Lower Pond 0.80 1.41

Existing Wetland Credit (0.66) (0.64)

Net Pond Evaporation 1.35 In sum, the School District’s total annual augmentation requirement at the OELS could be as high as 1.8 acre-feet of replacement water. The following Table 3 sets forth the annual replacement requirements for the OELS on a monthly basis:

Table 3 MONTHLY DISTRIBUTION OF REPLACEMENT REQUIREMENTS Month Gross Evaporation Wetland Credit

Rate (inch)

Rate (foot)

Gross 1.13 ac (af)

Rate (50%) (foot)

0.66 ac (af)

Net Evap. (af)

Monthly Distribu-tion of Potable Water Use (%)

Monthly In-Building Consumption (af)

Total Repl. Water (af)

Nov 0.82 0.068 0.077 0.00 0.000 0.077 8.5 0.038 0.115

Dec 0.15 0.013 0.015 0.00 0.000 0.015 7.0 0.032 0.047

Jan 0.00 0.000 0.000 0.00 0.000 0.000 8.0 0.036 0.036

Feb 0.56 0.047 0.053 0.00 0.000 0.053 7.6 0.034 0.087

Mar 1.19 0.099 0.112 0.00 0.000 0.112 7.7 0.035 0.147

Apr 1.26 0.105 0.118 0.00 0.000 0.118 10.0 0.045 0.163

Sub-Tot 3.98 0.332 0.375 0.00 0.000 0.375 48.8 0.220 0.595

May 2.44 0.203 0.229 0.32 0.106 0.123 10.2 0.046 0.169

Jun 4.21 0.351 0.397 0.54 0.178 0.219 7.0 0.032 0.251

Jul 3.32 0.277 0.313 0.46 0.152 0.161 6.4 0.029 0.190

Aug 2.58 0.215 0.243 0.26 0.086 0.157 7.0 0.032 0.189

Sep 2.84 0.237 0.268 0.24 0.079 0.189 10.0 0.045 0.234

Oct 1.80 0.150 0.169 0.13 0.043 0.126 10.6 0.048 0.174

Sub-Tot 17.19 1.433 1.619 1.95 0.644 0.975 51.2 0.232 1.207

TOTAL 21.17 1.765 1.994 1.95 0.644 1.350 100.0 0.452 1.802

15. Description of conditional appropriative exchange right: A. Source of water to be exchanged: The Augmentation Water Rights in Spinney Mountain Reservoir, as described above. B. Legal description of exchange reach: Water stored in Spinney Mountain Reservoir for the School District will be released into the South Platte River; it will then be exchanged up the North Fork of the South Platte River from its confluence with the South Platte River in the SW1/4 of the SE1/4 of Section 25, Township 7 South, Range 70 West of the 6th P.M., to its confluence with Buffalo Creek in the SW1/4 of the NE1/4 of Section 31, Township 7 South, Range 70 West of the 6th P.M.; then up Buffalo Creek from its confluence with the North Fork of the South Platte River, as described above, to its confluence with Freeman Creek in the NE1/4 of the NE1/4 of Section 30, Township 8 South, Range 71 West of the 6th P.M.; and then up Freeman Creek from its confluence with Buffalo Creek, as described above, to the location of the

OELS, as described above. C. Appropriation date: October 22, 2003. Appropriation of this exchange was initiated by formal announcement by the School District’s Director of Facilities Planning and Design of the School District’s intent to appropriate a conditional appropriative right of exchange for the benefit of the OELS, and by the School District’s posting of signs in conspicuous places providing notice to interested parties of such exchange of the Augmentation Water Rights. D. Exchange amount and rate: Up to 1.8 acre-feet per year; 0.015 cfs (6.7 gpm) maximum exchange rate, CONDITIONAL. E. Use: Augmentation and replacement of out-of-priority in-house and evaporative depletions at the OELS. F. Name and address of owner of land on which water will be used by exchange: Jefferson County School District R-1, 809 Quail Street, Building 4, Lakewood, Colorado 80215. G. Request for de minimis determination: The Colorado Water Conservation Board (“CWCB”) has a 3.0 cfs instream flow water right on Buffalo Creek, as decreed on June 29, 1988 in Case No. 84CW648, by the District Court for Water Division No. 1. Since the School District’s claimed exchange rate will result in impacts to Buffalo Creek that are less than 1% of the nominal amount of the CWCB’s right, when considered cumulatively with all other water rights on Buffalo Creek that have been previously accorded a de minimis finding by the CWCB, the School District hereby respectfully requests that the CWCB make a de minimis determination as to this application. 16. Proposed terms and conditions: A. All in-house water use at the OELS is metered, and the School District will account for operation of this augmentation plan including exchange on a monthly or other basis acceptable to the Division Engineer. B. The requested exchange right shall only be operated within an affected reach when there is a live flow of stream within that reach to the extent of the exchange. C. Reasonable and appropriate transit losses, if any, may be assessed by the Division Engineer on the release of water from Spinney Mountain Reservoir to the confluence of the South Platte River and the North Fork of the South Platte River. D. Releases of augmentation water from Spinney Mountain Reservoir may be aggregated by the Division Engineer, in his discretion, and delivered into the stream system at such times considered to be most advantageous for water rights administration purposes. 03CW449 Mary M. Dower Benevolent Corporation,Sharon McLin, President, P. O. Box 957, Silt, CO 81652, (970) 876-5979 North Fork Associates, LLC, Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, CO 80227, (303) 989-6932 (Joseph Adams Cope, Esq., Frascona, Joiner, Goodman and Greenstein, P.C., 4750 Table Mesa Drive, Boulder, CO 80305-5575) APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT, IN JEFFERSON AND PARK COUNTIES. 1. Names of Structures to be Augmented:

Cassel Creek Ditch. 2. Water Rights to be Used for Augmentation Purposes:

1. Applicant, Mary M. Dower Benevolent Corporation (hereinafter “Dower”), has entered into

a contract with North Fork Associates, LLC to purchase 70.4 shares of the capital stock of the Mountain Mutual Reservoir Company, (“MMRC”). The 70.4 shares represent the right to receive 2.210 acre feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders.

2. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No.

2 and the Nickerson Ditch No. 2 (“Parmalee/Carruthers water rights”), portions of which will be used to replace the out-of-priority depletions from the Cassell Creek Ditch. The Parmalee/Carruthers water rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No. 1678. Historically, the Parmalee/Carruthers water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW 1/4 SE 1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County, Colorado. Such diversions no longer occur. The terms and conditions under which the Parmalee/Carruthers water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division No. 1 in Case No. 2000 CW 174, dated October 11, 2002.

3. Consumptive use water stored in Maddox Reservoir and/or the Lower Sacramento Creek

Reservoir No. 1 will be released to the stream system when the Parmalee/Carruthers water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is located in the NE 1/4 NW 1/4 of Section 232 and the SE 1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W-7741-74 for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries. Maddox Reservoir is located in the NE 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County.

3. Statement of Plan for Augmentation, Covering all Applicable Matters under Sections 37-92-

103(9), 302(1)(2) and 305(8), 10 C.R.S.:

1. Dower is the owner of 952 acres of land, more or less, located in Park County, Colorado, described as follows:

N1/2NW1/4, SW1/4NW1/4 of Section 7, Township 7 South, Range 73 West, 6th P.M. NW1/4SW1//4, S1/2SW1/4 of Section 1, N1/2SE1/4, SE1/4SE1/4 of Section 2, NE1/4NE1/4, S1/2NE1/4, SE1/4NW1/4, N1/2S1/2 and SE1/4SE1/4 of Section 11, N1/2N1/2, SW1/4NW1/4, SE1/4NE1/4 of Section 12, all in Township 7 South, Range 74 West, 6th P.M.

Portions of Dower’s land are developed as Camp Santa Maria, a summer camp operated by Catholic Charities of the Archdiocese of Denver. See Map, Exhibit A. Several year-round rental residences are also located on the property. The camp improvements include a swimming pool, lawns, fountains, and a recreational pond. Other portions of the property consist of meadows, irrigated with other water rights, and forest. This plan for augmentation is limited to Cassel Creek Ditch domestic use by staff and campers at the camp, domestic use in the rental residences, and evaporation from the swimming pool and waste water treatment lagoon. Lawn and meadow irrigation, and fountain and recreational pond evaporation will continue using other water rights in accordance with the priority system.

2. The Cassel Creek Ditch water right supplies the camp staff, the campers, and the rental

units with water for domestic use, as well as irrigation water for lawns, water to run the fountains, and water to fill the swimming pool. Water use estimates were developed for the Cassel Creek Ditch under existing conditions, which assumes 100 campers and 25 staff for the period of May through August housed on the existing grounds.

The amount of water diverted for domestic use is estimated as 4.8 acre-feet/year. The stream depletion due to the domestic use is estimated as 2.2 acre-feet.

c. Dower’s engineering consultant has completed an engineering assessment of the

potable water supply augmentation requirements for Camp Santa Maria. The assumptions used in this assessment include:

1. Water Use: Staff use = 80 gpcd (gallons per capita per day).

Camper use = 40 gpcd. Rental Units use =80 gpcd. The number of persons served seasonally by the potable water system is shown in Table 1, Exhibit B attached. One-half of the 125,000 gallon pool is filled once annually in May. 1,000 gallons is used weekly to backwash the pool filter when the pool is in use.

2. Consumption Rates and Losses: Staff and Camper consumption = 5%

of diversions prior to discharge to treatment lagoon. Rental unit consumption = 10%, including losses in leach field treatment system. 34 inches of water is lost through evaporation from the pool and treatment lagoon annually. Tables 2 and 3, Exhibits C and D attached, show the monthly evaporative losses from the pool and lagoon, respectively.

3. Returns to Stream: 90% of the water diverted for the Rental Units is returned to the stream system via the leach fields used as waste water treatment for the units. Water that is not consumed by Staff and Campers nor evaporated from the treatment lagoon is returned to the stream via leakage from the lagoon. One-half of the pool water is drained to the stream once annually at the end of the summer season. The pool filter backwash water is discharged to the de-chlorination channel and stream system on the same day as the diversion.

Based on the water balance (Table 4, Exhibit E attached), 2.2 AF/year of augmentation water is required to meet the water needs of the Camp.

4. The required volume of augmentation water will be provided from the sources described

in Paragraph No. 3, 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.

5. Replacement water will be provided to the stream system during the period April 23

through October 31, inclusive, by leaving Parmalee/Carruthers water rights in the stream. During times when the Parmalee/Carruthers water rights are not in priority and during the non-irrigation season, depletions will be augmented by releasing water frm the Maddox Reservoir or the Lower Sacramento Creek Reservoir No. 1. Transportation charges from the point where water is released

from MMRC’s facilities to the stream system, to the point of depletion from the subject wells, will be computed on the basis of 0.13 percent per mile.

6. Since the point of depletion associated with water use from the subject wells is upstream

of the point where water released from the Lower Sacramento Creek Reservoir No. 1 reaches the stream system, Applicants assert an appropriative right of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), C.R.S. The reach of the exchange shall extend from the confluence of the North Fork of the South Platte River and the South Platte River in the SW 1/4 SE 1/4 of Section 25, Township 7 South, Range 70 West, 6th P.M.; thence up the North Fork of the South Platte River to the point of depletion from the Cassel Creek Ditch in the SW1/4 of Section 11, Township 7 South, Range 74 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in the North Fork of the South Platte River as the depletions occur. The exchange will be administered with a priority date of January 31, 2003, at a maximum flow rate of 0.0364 of a cubic foot per second.

4. Names and addresses of owners of land on which structures are or will be located:

Lower Sacramento Creek Reservoir No. 1:

Lower Sacramento Creek Reservoir Company 2525 South Wadsworth Blvd., Suite 306 Denver, Colorado 80227

Maddox Reservoir:

Susan Hickel P. O. Box 135 Shawnee, Colorado 80475

Structures described in Paragraph No. 2:

Mary M. Dower Benevolent Corporation Sharon McLin, President P. O. Box 957 Silt, CO 81652 (970) 876-5979

WHEREFORE, 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. 2003CW450, (1) Applicant, Julesburg Irrigation District, 315 Cedar Street, Julesburg, CO 80737, (970) 474-3737. APPLICATION FOR WATER RIGHTS, IN LOGAN AND SEDGWICK COUNTIES. Please send further correspondence and pleadings to: Daniel K. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. (2) The name of the structures: The recharge ponds described in paragraph 10 below, having their source of supply from one or more of the following structures: (A) Harmony No. 1 Ditch a/k/a Harmony Ditch No. 1 a/k/a Harmony Ditch, (B) Settlers Ditch, (C) Highline Canal, (D) Peterson Ditch a/k/a Petersen Ditch, and (E) Julesburg Reservoir a/k/a Jumbo Reservoir. (3) Points of Diversion: The headgate of the Harmony No. 1 Ditch is located in the Southwest Quarter of Section 19, Township 10 North, Range 49 West of the 6th P.M. The Settlers Ditch along its entire course through section 5, Township 10 North, Range 48 West; sections 32, 33, 34, 35, 26, 25, Township 11 North, Range 48 West of the 6th P.M.; and sections 30, 19, 20 and 21, Township 11 North, Range 47 West of the 6th P.M., to a point approximately 10 feet East of the junction with Cottonwood Creek and the Settlers Ditch in the SW

¼ of Section 21, Township 11 North, Range 47 West of the 6th P.M. The headgate of the Peterson Ditch is located on the bank of the South Platte River in the Northwest Quarter of Section 24, Township 11 North, Range 47 West of the 6th P.M. (4) Source of water: South Platte River for water diverted into the Harmony No. 1 Ditch and the Peterson Ditch. For the Settlers Ditch, surface water inflows into along its course. (5) Date of appropriation: December 29, 1995, or in the alternative the dates of first construction and use of the various recharge ponds described in paragraph 10 below. (6) How Initiated: The filing by Applicant of the application in 95CW283, or in the alternative the construction and first use of the recharge ponds. (7) Amount: Harmony No. 1 Ditch, 270 c.f.s. whenever legally and physically available: CONDITIONAL. Settlers Ditch, 89 c.f.s. whenever legally and physically available: CONDITIONAL. Highline Canal, 270 c.f.s. whenever legally and physically available: CONDITIONAL. Peterson Ditch, 184 c.f.s. whenever legally and physically available: CONDITIONAL. (8) Purpose: Applicant proposes to divert water through or by means of the structures described in paragraph 3 for the purpose of delivering said water on a continuous basis to the full capacity of the recharge ponds described in paragraph 10 for the purpose of recharging the underground aquifer. (9) Uses: Applicant intends to use the water diverted and delivered to said recharge ponds for the beneficial uses claimed below, and claims the right to use, re-use and successively use the water to extinction. The water rights claimed herein are to be used and/or exchanged for augmentation, recharge, replacement, irrigation, municipal, and wildlife and wildlife recovery purposes. (10) Recharge Ponds: The following recharge ponds (hereinafter “Recharge Ponds”) will be supplied by the structures named in paragraph 2.A. through 2.E. pursuant to the water rights claimed herein and diverted at the points of diversion described in paragraph 3. Sittner Pond: NW ¼ of SE ¼, Section 1, Township 11 North, Range 46 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 4 acre feet. The pond was first put to use for recharge purposes on March 22, 2001. The pond SDF value in days is 65. Rundall Pond: SE ¼ of SW ¼, Section 36, Township 12 North, Range 46 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 6 acre feet. The pond was first put to use for recharge purposes on November 5, 2002. The pond SDF value in days is 250. Sanger Pond: NE ¼ of SW ¼, Section 31, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 4 acres with a capacity of 12 acre feet. The pond was first put to use for recharge purposes on March 19, 2001. The pond SDF value in days is 270. Schneider Pond #1: SE ¼ of SE ¼, Section 33, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 3 acres with a capacity of 10 acre feet. The pond was first put to use for recharge purposes on March 20, 2001. The pond SDF value in days is 145. Schneider Pond #2: NW ¼ of SE ¼, Section 33, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 3 acres with a capacity of 10 acre feet. The pond was first put to use for recharge purposes on March 30, 2002. The pond SDF value in days is 230. Meier Pond #1: SW ¼ of SE ¼, Section 28, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 4.3 acres with a capacity of 18 acre feet. The pond was first put to use for recharge purposes on April 30, 2001. The pond SDF value in days is 440. Meier Pond #2: SE ¼ of NW ¼, Section 33, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 1.5 acres with a capacity of 5 acre feet. The pond was first put to use for recharge purposes on December 16, 2002. The pond SDF value in days is 270. Engleker Pond: NW ¼ of NE ¼, Section 3, Township 11 North, Range 45 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 4 acre feet. The pond was first put to use for recharge purposes on April 1, 2001. The pond SDF value in days is 120. LSR Pond: SE ¼ of SE ¼, Section 35, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 3 acres with a capacity of 15 acre feet. The pond was first put to use for recharge purposes on March 21, 2001. The pond SDF value in days is 375. Walter Pond: NE ¼ of NW ¼, Section 34, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 4 acres with a capacity of 8 acre feet. The pond was first put to use for recharge purposes on March 27, 2001. The pond SDF value in days is 460. Lechman Pond: NW ¼ of SE ¼, Section 35, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 4 acre feet. The pond was first put to use for recharge purposes on March 21, 2001. The pond SDF value in days is 525. JID (Harms) Pond #1: NW ¼ of SE ¼, Section 25, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 5 acres with a capacity of 20 acre feet. The pond was first put to use for recharge purposes on March 21, 2001. The pond SDF value in days is 1200. Kinnison Pond: NE ¼ of NE ¼, Section 30, Township 12 North, Range 44 West of the 6th P.M. The surface area of the pond is 4 acres with a capacity of 20 acre feet. The pond was first put to use for recharge purposes on November 10, 2002. The pond SDF value in days is 1080. Spillman Pond: NW ¼ of SW ¼, Section 20, Township 12 North, Range 44 West of the 6th P.M. The surface area of the pond is 1.5 acres with a capacity of 6 acre feet. The pond was first put to use for recharge purposes on March 17, 2003. The pond SDF value in days is 1150. Nein Pond #1: SE ¼ of SE ¼, Section 21, Township 11 North, Range 47 West of the 6th P.M. The surface area of the pond is 1.5 acres with a capacity of 3 acre feet. The pond was first put to use

for recharge purposes on March 31, 2002. The pond SDF value in days is 20. Lind Farms Pond: NE ¼ of SW ¼, Section 21, Township 11 North, Range 47 West of the 6th P.M. The surface area of the pond is 2.2 acres with a capacity of 4.5 acre feet. The pond was first put to use for recharge purposes on April 13, 2001. The pond SDF value in days is 80. Nein Pond #2: SW ¼ of SE ¼, Section 15, Township 11 North, Range 47 West of the 6th P.M. The surface area of the pond is 1 acres with a capacity of 8 acre feet. The pond was first put to use for recharge purposes on March 18, 2001. The pond SDF value in days is 70. Jenik/Jenik Pond: SW ¼ of SW ¼, Section 16, Township 11 North, Range 47 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 6 acre feet. The pond was first put to use for recharge purposes on April 14, 2001 The pond SDF value in days is 280. Nein Pond #3: SW ¼ of SE ¼, Section 16, Township 11 North, Range 47 West of the 6th P.M. The surface area of the pond is 3 acres with a capacity of 15 acre feet. The pond was first put to use for recharge purposes on October 15, 2001. The pond SDF value in days is 200. Rober Pond: NW ¼ of SW ¼, Section 11, Township 11 North, Range 47 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 10 acre feet. The pond was first put to use for recharge purposes on December 11, 2002. The pond SDF value in days is 400. HV Ranch Pond: SE ¼ of SW ¼, Section 1, Township 11 North, Range 47 West of the 6th P.M. The surface area of the pond is 2.8 acres with a capacity of 9 acre feet. The pond was first put to use for recharge purposes on April 18, 2001. The pond SDF value in days is 680. McClary Pond #1: NW ¼ of NW ¼, Section 5, Township 11 North, Range 46 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 6 acre feet. The pond was first put to use for recharge purposes on September 23, 2001. The pond SDF value in days is 800. McClary Pond #2: SW ¼ of SW ¼, Section 32, Township 12 North, Range 46 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 6 acre feet. The pond was first put to use for recharge purposes on December 14, 2002. The pond SDF value in days is 800. Lechman Pond: NW ¼ of SW ¼, Section 33, Township 12 North, Range 46 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 6 acre feet. The pond was first put to use for recharge purposes on September 21, 2001. The pond SDF value in days is 900. Nein Pond: SW ¼ of SE ¼, Section 25, Township 12 North, Range 46 West of the 6th P.M. The surface area of the pond is 3.5 acres with a capacity of 7 acre feet. The pond was first put to use for recharge purposes on March 28, 2001. The pond SDF value in days is 700. Kobayashi Pond: NE ¼ of NW ¼, Section 29, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 4 acre feet. The pond was first put to use for recharge purposes on November 17, 2001. The pond SDF value in days is 850. David Kinnison/Karrie Pond: NE ¼ of NW ¼, Section 31, Township 12 North, Range 44 West of the 6th P.M. The surface area of the pond is 8 acres with a capacity of 30 acre feet. The pond was first put to use for recharge purposes on March 27, 2001. The pond SDF value in days is 790. Mac Land Pond: SW ¼ of NE ¼, Section 25, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 6 acres with a capacity of 20 acre feet. The pond was first put to use for recharge purposes on April 14, 2000. The pond SDF value in days is 1340. Gerk Pond: NW ¼ of SE ¼, Section 19, Township 12 North, Range 44 West of the 6th P.M. The surface area of the pond is 2 acres with a capacity of 12 acre feet. The pond was first put to use for recharge purposes on March 22, 2001. The pond SDF value in days is 1230. Farmers Grain Pond: NE ¼ of SE ¼, Section 20, Township 12 North, Range 44 West of the 6th P.M. The surface area of the pond is 6 acres with a capacity of 30 acre feet. The pond was first put to use for recharge purposes on April 4, 2001. The pond SDF value in days is 790. Kontny Pond: SW ¼ of NE ¼, Section 28, Township 12 North, Range 44 West of the 6th P.M. The surface area of the pond is 2.4 acres with a capacity of 15 acre feet. The pond was first put to use for recharge purposes on April 29, 2001. The pond SDF value in days is 105. Thode Pond: NE ¼ of the NW ¼, Section 28, Township 12 North, Range 44 West of the 6th P.M. the surface area of the pond is 3 acres with a capacity of 15 acre feet. The pond was first put to use for recharge purposes on December 13, 2002. The pond SDF value in days is 195 SDF. JID (Harms) #2 Pond: NW ¼ of SE ¼, Section 25, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 5 acres with a capacity of 20 acre feet. The pond was first put to use for recharge purposes on March 21, 2001. The pond SDF value in days is 1200. Hanson Pond: NW ¼ of NE ¼, Section 31, Township 12 North, Range 44 West of the 6th P.M. The surface area of the pond is 4 acres with a capacity of 15 acre feet. The pond was first put to use for recharge purposes on October 16, 2003 The pond SDF value in days is 715. Town of Julesburg Pond: SE ¼ of NE ¼, Section 26, Township 12 North, Range 45 West of the 6th P.M. The surface area of the pond is 6 acres with a capacity of 30 acre feet. The pond was first put to use for recharge purposes on June 15, 1999. The pond SDF value in days is 1470. The Applicant reserves the right to add additional recharge pond locations in accordance with the provisions of the decree to be entered in this matter and upon notification of the Court. (11) Description of Project: Recharge from the Recharge Ponds will result in accretions (“recharge credits”) that recharge the South Platte alluvial aquifer. The timing and amount of the accretions will be estimated using the U.S.G.S. Stream Depletion Factor (SDF) method. The recharge credits may be used to offset

otherwise out-of-priority depletions attributable to wells located within boundaries of the Julesburg Irrigation District (pursuant to an approved substitute water supply plan or decree of this Court), including those wells listed in the recently filed augmentation plan applications of the Lower South Platte Water Conservancy District Water Activity Enterprise Case No. 02CW320, the Sedgwick County Well Users Inc. Case No. 03CW209, and the Harmony Ditch Company in Case No. 02CW363. These applications were filed in District Court, Water Division No. 1 in the State of Colorado. Recharge credits may be used and/or exchanged for augmentation, recharge, replacement, irrigation, municipal, wildlife, and wildlife recovery purposes, both inside and outside of the boundaries of the Julesburg Irrigation District, pursuant to an approved substitute water supply plan or decree of this Court. Water diverted into the Harmony Ditch No. 1 may be immediately passed through the Julesburg Reservoir or temporarily held in the Julesburg Reservoir, when space is available, and subsequently released into Highline Canal for: (1) delivery to Recharge Ponds, and/or (2) delivery to the Settlers Ditch for delivery to Recharge Ponds, and/or (3) delivery to the Peterson Ditch for delivery to Recharge Ponds. Water diverted into the Settlers Ditch may be delivered to Recharge Ponds and/or delivered to the Peterson Ditch for delivery to Recharge Ponds. Water diverted into the Peterson Ditch may be delivered to Recharge Ponds. The Julesburg Reservoir is located in parts of Sections 13 and 24, Township 11 North, Range 48 West of the 6th P.M. and in part of Sections 7, 17, 18 and 19 of Township 11 North, Range 47 West of the 6th P.M. The Highline Canal begins at the Julesburg Reservoir outlet in the Northwest Quarter of Section 17, Township 11 North, Range 47 West of the 6th P.M. (12) Recharge Calculation: Recharge credits generated in the various recharge ponds described in paragraph 10 will be calculated as follows: (1) the water diverted to the recharge ponds will be measured and recorded; (2) the evaporative losses from the ponds will be calculated and deducted from the diversions to the recharge ponds; and (3) the remaining water will be considered as recharge credit. Such measurements of diversions will be taken using a clock and recorder or other device acceptable to the Division Engineer. (13) Accounting: Accounting of the monthly accretions of recharge to the South Platte River resulting from the use of the water rights and the recharge locations decreed herein will be performed by the Applicant or any other entity acceptable to the Division Engineer in a manner that is acceptable to the Division Engineer. (14) Names and addresses of owners of the land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Julesburg Irrigation District, 315 Cedar Street, Julesburg, CO 80737; Ken Sittner, 13210 County Road 29, Ovid, CO 80744, (970) 463-5751; Don Rundall, 421 Parker, Ovid, CO 80744, (970) 463-5517; Dan Sanger, 11357 South Lost Creek Circle, Parker, CO 80138, (303) 840-2377; Don Schneider, 14505 County Road 32, Ovid, CO 80744, (970) 463-5694; Ed Meier, 15459 County, Road 29, Ovid, CO 80744, (970) 463-5375; Bill Engelker, 14325 County Road 31, Ovid, CO 80744, (970) 463-5664; John Lechman, 14890 Highway 59, Sedgwick, CO 80749, (970) 463-5632; Faye Radel, 15581 U.S. Highway 385, Julesburg, CO 80737; Robert and Della Walter, RR1 Box 62, Ovid, CO 80744, Wayne Kinnison, 16111 County Road 27, Ovid, CO 80744, (970) 463-5391; Don Spillman, 115 West 6 Street, Julesburg, CO 80737, (970) 474-3521; David Nein, 2859 County Road 26, Sedgwick, CO 80749, (970) 463-5739; Lind Farms, 10228 County Road 80, Fort Collins, CO 80524; George Jenik, 5500 County Road 28, Sedgwick, CO 80749, (970) 463-5719; Randy Jenik, 5275 County Road 30, Sedgwick, CO 80749, (970) 463-5732; George J. Rober, Box 171, Holyoke, CO 80734, (970) 854-3273; George L. Rober, 5500 County Road 9, Sedgwick, CO 80749, (970) 463-5687; HV Ranch, 5275 County Road 30, Sedgwick, CO 80749, (970) 463-5732; McClary Farms, 6821 County Road 30, Sedgwick, CO 80749, (970) 463-5678; Lawrence Lechman, 8015 County Road 32, Sedgwick, CO 80749, (970) 463-5771; Steve Nein, 16721 County Road 23, Ovid, CO 80744, (970) 463-5377; Tom Kobayashi, 16530 County Road 27, Ovid, CO 80744, (970) 463-5349; Paul Kari, 286 Todd’s Ridge Road, Wilmington, OH 45177; Mac Land Corp, 106 West 4th Street, Julesburg, CO 80737; Bruce Gerk, 420 Pine Street, Julesburg, CO 80737, (970) 474-2623; Farmers Grain Co., 102 Oak Street, Julesburg, CO 80737, (970) 474-2537; Jim Kontny, 323 West 8th Avenue, Julesburg, CO 80737, (970) 474-2234; Thode Estate, c/o Max Carlson, Esq., 104 West 1st Street, Julesburg, CO 80737; Irvin Hanson, 20602 North 104th Avenue, Peoria, AZ 85382, (623) 566-2768; Town of Julesburg, 100 West 2nd , Julesburg, CO 80737, (970) 474-2034. (15) Applicant requests that the Court award an ABSOLUTE water right as to all or any portion of the above claims for conditional water rights which may be duly diverted, stored or placed to beneficial use prior to the date of the decreed to be entered herein. 2003CW451 Henry W. Toll, Jr., M.D. and James Peak Co., 333 Logan Street, Suite 220, Denver, CO 80203 (303) 733-0118. APPLICATION FOR WATER RIGHTS (SURFACE), IN GILPIN COUNTY. Please send all pleadings to William H. Brown, Fischer, Brown & Gunn, 215 West Oak Street, 8th Floor, 1st Tower, Ft. Collins, CO 80521-2730 (970) 407-9000. Name of structure: Toll Headgate 1, and Toll Headgate 2. Legal description of each

point of diversion: Toll Headgate 1 diverts from the north bank of the City of Denver’s artificial channelization of South Boulder Creek into the historic natural channel of South Boulder Creek, with its diversion location described as follows: Township 2 South, Range 74 West of the 6th P.M., Gilpin County. Sections not given on 1972 U.S.G.S. map. Distances given from township and range lines: 2,882 feet from north township line and 138 feet from east range line. GPS location: Northing 4,416,921, Easting 447,802. Natural Channel Headgate 2 diverts from the south bank of the City of Denver’s artificial channelization of South Boulder Creek into the historic natural channel of South Boulder Creek, with its diversion location described as follows: Township 2 South, Range 73 West of the 6th P.M., Gilpin County. Sections not given on 1972 U.S.G.S. map. Distance from township and range lines: 2,680 feet from north township line and 2652 feet from west range line. GPS location: Northing 4,416,987, Easting 448,662. A map is attached. Source: South Boulder Creek Date of initiation of appropriation: December 31, 1964. How appropriation was initiated: Diversion structures construction was completed, and water was diverted via the structures. Date water applied to beneficial use: On or prior to December 31, 1964. Amount claimed: 6 cfs absolute for Toll Headgate 1, and 6 cfs absolute for Toll Headgate 2. Claimed Uses: Fish propagation, wildlife habitat, recreational use, and preservation of riparian and wetland zones threatened to be dried up by the channelization of South Boulder Creek. In 1963, the City and County of Denver channelized South Boulder Creek. In doing so, Denver excavated a series of borrow pits in the natural channel bottom, on both sides of the channelized segment, using the borrow material to construct the artificial channel embankments. The borrow pits were then converted into ponds with small embankments. The diversion structures were then constructed to allow flow into the natural channel areas on either side of the constructed channel. Such flows pass through the ponds, which provide wildlife habitat, locations for fish, and recreational sites. A key purpose of the diversions is to return the natural flow in the former channel area so as to restore the natural riparian corridor. Water in the natural channel returns to the artificial channel via extensive seepage due to the elevation difference and permeable sand and gravel banks and via three return flow culverts. Names and addresses of owners of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Henry W. Toll, Jr., M.D. and James Peak Co., 333 Logan Street, Suite 220, Denver, CO 80203 (303) 733-0118. 2003CW452 Henry W. Toll, Jr., M.D. and James Peak Co., 333 Logan Street, Suite 220, Denver, CO 80203 (303) 733-0118. APPLICATION FOR WATER RIGHTS (SURFACE AND STORAGE), IN GILPIN COUNTY. Please send all pleadings to William H. Brown, Fischer, Brown & Gunn, 215 West Oak Street, 8th Floor, 1st Tower, Ft. Collins, CO 80521-2730 (970) 407-9000. Name of structures: Toll Headgate 3, and Karel Park Lake. Legal description of point of diversion: Toll Headgate 3 diverts from the north bank of the City of Denver’s artificial channelization of South Boulder Creek into the historic natural channel of South Boulder Creek with its diversion location described as follows: SW ¼ of NE ¼ of Section 6, Township 2 South, Range 73 West of the 6th P.M., Gilpin County. Sections not given on 1972 U.S.G.S. map. Distance from township and range lines: 2,613 feet from north township line and 2,652 feet from west range line. GPS location: Northing 4,417,006, Easting 448,657. Legal description of Reservoir: Karel Park Lake dam is located in and on parts of the NE ¼ of the NE ¼ of Section 6 and NW ¼ of the NW ¼ of Section 5, Township 2 South, Range 73 West of the 6th P.M., Gilpin County. Sections not given on 1972 U.S.G.S. map. Distance to west end of dam from township and range lines: 1,275 feet from north township line and 5,300 feet from west range line. Source: South Boulder Creek. Toll Headgate 3, date of initiation of appropriation: December 31, 1964. How appropriation was initiated: Diversion structure construction was completed, and water was diverted via the structure for application to beneficial uses. Date water applied to beneficial uses: On or before December 31,1964. Beneficial uses: Fish propagation, wildlife habitat, recreational use, and preservation of riparian and wetland zones threatened to be dried up by the channelization of South Boulder Creek. Amount: 2 c.f.s. Karel Park Lake. Name and capacity of the ditch used to fill the reservoir: An unnamed ditch with a capacity of 2 c.f.s. that extends from Toll Headgate 3 to Karel Park Lake. Description of point of diversion. See description of the Toll Headgate 3 at Paragraph 2 A above. Source: South Boulder Creek. Date of appropriation for rights claimed as absolute: December 31, 1936 How appropriation was initiated: The diversion structure known as Toll Headgate 3 was constructed by Denver as a component of its rechannelization of South Boulder Creek. Water was delivered by diversion from South Boulder Creek via the unnamed ditch to which the Toll Headgate 3 delivers water, to storage and beneficial use in Karel Park Lake, on or prior to December 31, 1936. Date water applied to beneficial use: On or before December 31,1936. Beneficial uses claimed as absolute for Karel Park Lake: Fish propagation, wildlife habitat, and recreation. Date of initiation of appropriation claimed as conditional: December 31, 2003. How appropriation was initiated: By the formation of intent to store water in Karel

Lake for augmentation and replacement use, and the filing of this application. Beneficial uses claimed as conditional: Augmentation and replacement. Amount claimed for all uses: 25.2 acre feet, with the right to fill and refill in priority Surface area of high water line: Approximately 8.4 acres. Maximum height of dam in feet: 10. Length of dam in feet: 800. Total capacity of reservoir in acre feet: 25.2, all of which is active storage. Names and addresses of owners of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Henry W. Toll, Jr., M.D. and James Peak Co., 333 Logan Street, Suite 220, Denver, CO 80203 (303) 733-0118. Remarks or any other pertinent information: In 1963, the City and County of Denver channelized South Boulder Creek. In doing so, Denver excavated a series of borrow pits in the natural channel bottom, using the borrow material to construct the artificial channel embankments. The borrow pits were then converted into ponds with small embankments. The diversion structure enables flows to be made into the natural channel area on the north side of the constructed channel. Such flows pass through the ponds, which provide wildlife habitat, locations for fish, and recreational sites. A key purpose of the diversions at Toll Headgate 3 that are not stored in Karel Park Lake is to return the natural flow in the former channel area so as to restore the natural riparian corridor. Water in the natural channel returns to the artificial channel via extensive seepage due to the elevation difference and permeable sand and gravel banks and via three return flow culverts.

2003CW453 (1) Applicant: Western Sugar Cooperative, 7555 E. Hampden Ave., Suite 600, Denver, CO 80231, (970) 830-3939. APPLICATION FOR WATER RIGHTS, TO ABANDON EXISTING WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN WELD AND MORGAN COUNTIES. Please send all future correspondence to: Daniel K. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, Colorado 80522. (2) Purposes of Application: The Applicant is a grower owned sugar beet processing cooperative that owns and operates two sugar beet processing plants in Colorado, one in Greeley and the other in Fort Morgan. Applicant’s processing facility in Greeley is at 1302 First Street, Greeley, CO 80631 (hereinafter the “Greeley plant”). Its Fort Morgan facility is at 18317 Highway 144, Fort Morgan, CO 80701 (hereinafter the “Fort Morgan plant”). The purposes of this application are (a) to obtain ground water rights for the purpose of supplying water to the plants, (b) to abandon certain ground water rights, and (c) to obtain a decree for a plan for augmentation to augment the depletions associated with the pumping of Applicant’s wells. 3. Application for Water Rights: 3.1 Name of well and permit number: The Greeley Plant Well #1. Well permit will be applied for. Legal description of proposed well: SW ¼ of the NW ¼ of Section 9, Township 5 North, Range 65 West of the 6th P.M. The precise location of the well is still to be determined. Source: Ground water tributary to the Cache La Poudre River. Amount claimed: 3.33 c.f.s. (1,500 g.p.m.), CONDITIONAL. 3.2 Name of well and permit number: The Greeley Plant Well #2. Well permit will be applied for. Legal description of proposed well: NW ¼ of the NW ¼ of Section 9, Township 5 North, Range 65 West of the 6th P.M., at a point that is 1,150 feet South and 200 feet East of the Northwest Corner of said Section 9. Source: Ground water tributary to the Cache La Poudre River. Amount claimed: 2.5 c.f.s. (1,125 g.p.m.), CONDITIONAL. 3.3 Name of well and permit number: The Fort Morgan Plant Well #1. Well permit will be applied for. Legal description of proposed well: SW ¼ of Section 31, Township 4 North, Range 57 West of the 6th P.M., or the SE ¼ of Section 36, Township 4 North, Range 58 West of the 6th P.M. The precise location of the well is still to be determined. Source: Ground water tributary to the South Platte River. Amount claimed: 7.77 c.f.s. (3,500 g.p.m.), CONDITIONAL. 3.4 Name of well and permit number: The Fort Morgan Plant Well #2. Well permit will be applied for. Legal description of proposed well: SE ¼ of the SE ¼ of Section 36, Township 4 North, Range 58 West of the 6th P.M. at a point that is 159 feet North and 1004 feet West of the Southeast Corner of said Section 36. Source: Ground water tributary to the South Platte River. Amount claimed: 6.66 c.f.s. (3,000 g.p.m.), CONDITIONAL. 3.5 Name of well and permit number: The Fort Morgan Plant Well #3. Well permit will be applied for. Legal description of proposed well: SW ¼ of the SW ¼ of Section 31, Township 4 North, Range 57 West of the 6th P.M., at a point which is 33 feet North and 1,241 feet East of the Southwest Corner of said Section 31. Source: Ground water tributary to the South Platte River. Amount claimed: 6.66 c.f.s. (3,000 g.p.m.), CONDITIONAL. The following information applies to all of the wells described in above in paragraph 3.1 through 3.5 above. Depth: Unknown. Date of appropriation: December 31, 2003. How appropriation was initiated: Filing of this Application. Purpose: The Greeley Plant Wells will be used to supply water to the Greeley plant. The Fort Morgan Plant Wells will supply the Fort Morgan plant. Water is discharged from the Greeley plant, after use, to the Greeley Recharge Ponds described in paragraph 4.1 below. Likewise, water is discharged from the Fort Morgan plant to the Fort Morgan Recharge Ponds described in paragraph 4.2. The water placed in these ponds will either be pumped back to the plants for further use, will percolate into the underground aquifer, or in the case of the

Greeley Plant, be discharged directly to the Cache La Poudre River. Applicant intends to use the water for the beneficial uses claimed below, and claims the right to use, re-use and successively use this water to extinction. Uses: Used and/or exchanged for commercial, industrial, recharge, augmentation and replacement. 3.6 Name of well and permit number: The Greeley Irrigation Well #1, current well permit number 13441-R (revised permit will be applied for to conform to water right requested). Legal description of proposed well: NE ¼ of NW ¼ of Section 9, Township 5 North, Range 65 West of the 6th P.M., at a point that is 688 feet South and 1,960 feet East of the Northwest Corner of said Section 9. Source: Ground water tributary to the Cache La Poudre River. Depth: unknown. Date of appropriation: April 29, 1960. How appropriation was initiated: Approval of well permit. Date water applied to beneficial use: April 29, 1960. Amount claimed: 1.55 c.f.s. (700 g.p.m.), ABSOLUTE. Use: Irrigation of up to 25 acres in the NW ¼ and the NE ¼ of Section 9, and the SW ¼ and the SE ¼ of Section 4, Township 5 North, Range 65 West of the 6th P.M. 3.7 Name of well and permit number: The Greeley Irrigation Well #2. Well permit to be obtained. Legal description of proposed well: NW ¼ of NE ¼ of Section 9, Township 5 North, Range 65 West of the 6th P.M., at a point that is 636 feet South and 2,257 feet West of the Northeast Corner of said Section 9. Source: Ground water tributary to the Cache La Poudre River. Depth: unknown. Date of appropriation: December 31, 2003. How appropriation was initiated: Filing of this Application. Date water applied to beneficial use: n/a Amount claimed: 1.55 c.f.s. (700 g.p.m.), CONDITIONAL. Use: Irrigation of the same 25 acres irrigated by the Greeley Irrigation Well #1 in the NW ¼ and the NE ¼ of Section 9, and the SW ¼ and the SE ¼ of Section 4, Township 5 North, Range 65 West of the 6th P.M. 4. Recharge/Settling Ponds: There are several ponds located at both the Greeley plant and the Fort Morgan plant that are used to settle suspended solids out of and dissipate heat from water discharge from the plants. Applicant proposes to deliver the water diverted pursuant to the water rights claimed in paragraphs 3.1, 3.2, 3.3, 3.4 and 3.5 to the ponds described below on a continuous basis to the full capacity of these ponds. 4.1 Greeley Recharge Ponds: Name of structures: The Upper Condenser Pond, Lower Condenser Pond, Lime Pond and Mud Pond (collectively referred to as the “Greeley Recharge Ponds”). Legal description of structures and location of dams: The Greeley Recharge Ponds are located in the N ½ of Section 9 and the SW ¼ of Section 4, Township 5 North, Range 65 West of the 6th P.M. There are no dams for any of these ponds. Source: Water diverted pursuant to the water rights claimed in paragraphs 3.1 and 3.2 above after use and reuse in the Greeley plant. Date of appropriation: December 31, 2003. How appropriation was initiated: Filing of this Application. Date water was applied to beneficial use: n/a Recharge/Storage Capacity: 224.6 acre feet; CONDITIONAL. Surface area of high water line: Surface area of the Greeley Recharge Ponds is 37.4 acres. Purpose: Recharge of the alluvium of the Cache La Poudre River. Uses: Used and/ or exchanged for commercial, industrial, recharge, augmentation, replacement. 4.2 Fort Morgan Recharge Ponds: A. Name of structures: The North Condenser Pond, South Condenser Pond, Lime Pond, Ash Pond and Mud Pond (collectively referred to as the “Fort Morgan Recharge Ponds”). Legal description of structures and location of dams: The Fort Morgan Recharge Ponds are located in the SE ¼ of Section 36, the Township 4 North, Range 58 West of the 6th P.M., and the SW ¼ of Section 31, Township 4 North, Range 57 West of the 6th P.M. There are no dams for any of these ponds. Source: Water diverted pursuant to the water rights claimed in paragraphs 3.3, 3.4 and 3.5 after use and reuse in the Fort Morgan plant. Date of appropriation: December 31, 2003. How appropriation was initiated: Filing of this Application. Date water was applied to beneficial use: n/a Recharge/Storage Capacity: 467.9 acre feet; CONDITIONAL. Surface area of high water line: Surface area of the Fort Morgan Recharge Ponds is 35 acres. Purpose: Recharge of the alluvium of the South Platte River. Uses: Used and/ or exchanged for commercial, industrial, recharge, augmentation, replacement. 5. Applicant requests that the Court, at such time as it enters its decreed adjudicating the water rights claimed and approving the augmentation plan requested herein: (1) order the State Engineer to declare well permits 10152-F, 014000-F, RF-13441 canceled; (2) order the State Engineer to issue well permits for the wells described above in paragraph 3 above (if such permits have not already been issued); (3) declare abandoned the water right decreed to Well No. 10-10152 and Well No. 28 decree in Case No. W-2902, District Court, Water Division 1, and the Farr Farms Well #9-1 and Farr Farms Well # 9-2 Decreed in Case No. 3369, District Court, Water Division 1; and (4) declare the augmentation plan decreed Case No. W-7667-74 null and void. 6. Names of structures to be augmented, together with related information applicable to this plan for augmentation: Applicant is seeking a decreed augmentation plan to augment the out-of priority depletions from the wells described in paragraphs 3 above (hereinafter “Applicant’s Wells). Are there other water rights diverted from these structures? Yes. The Fort Morgan Reservoir and Irrigation Company either jointly owns or has the right to use the Fort Morgan Plant Wells Numbers 1 and 2. The Fort Morgan Reservoir and Irrigation Company’s use of these wells will be separately accounted by that Company. The Applicant’s other water rights that divert from these structures are to be abandoned, as set forth in paragraph 5. 7. Previous decrees for water rights to be used for

augmentation: n/a 8. Historic use: n/a. 9. Statement of plan for augmentation: The processing of beets requires fresh water at various stages in the refining process, including the transporting and washing of beets, and the cooling of the processing machinery. The consumptive use of water in the process is minimal (only that water lost to the atmosphere through evaporation in the plant). The amount of water consumed is more than offset by the water extracted from the beets (hereinafter the “beet water”) during the refining process, and therefore the refining of beets by the Applicant is not only non-consumptive, it produces water. Applicant has decreed surface rights that it uses to supply water to the Greeley plant and the Fort Morgan plant. When in priority, Applicant intends to continue to use these rights. However, when these rights are not legally or physically available, Applicant intends to divert water pursuant to the water rights requested herein in paragraph 3.1 and 3.2 (the “Greeley Plant Wells”) for use in the Greeley plant, and paragraphs 3.3-3.5 (the “Fort Morgan Plant Wells”) for use in its Fort Morgan plant. After use in the Greeley plant, water diverted by the Greeley Plant Wells will be discharged to the Greeley Recharge Ponds, from which the water will percolate into the alluvium of the Cache La Poudre or be directly discharged to the river at a point in the SE ¼ of Section 4, Township 5 North, Range 65 West of the 6th P.M. After use in the Fort Morgan plant, water diverted by the Fort Morgan Plant Wells will be discharged to the Fort Morgan Recharge Ponds, from which water will percolate into the alluvium of the South Platte River. Applicant intends to use the “recharge credits” from the water stored in the Greeley Recharge Ponds and the Fort Morgan Recharge Ponds (collectively the “Recharge Ponds”) to replace the depletions associated with Applicant’s Wells. Recharge credits generated from the Recharge Ponds will be calculated as follows: (1) the water diverted by the Greeley Plant Wells and the Fort Morgan Plant Wells for use in the Greeley and Fort Morgan Plants will be measured and recorded; (2) after use in the Greeley plant or Fort Morgan plant, the outflows will be recorded (the outflows will include the beet water generated in the refining process); (3) any water discharged that was not originally diverted by the Greeley Plant Wells or the Fort Morgan Plant Wells or extracted from the beets will be subtracted from the measured outflow from the plants; (4) any diversion of water out the Recharge Ponds for reuse will be measured and subtracted from the measured outflow at the appropriate plant; and (5) the evaporative losses from the surface of the Recharge Ponds will be calculated and deducted from the measured outflow at the appropriate plant. The remaining water will be considered recharge credit available to the Applicant. All measurements of diversions and outflow will be taken using devices acceptable to the Division Engineer. The Greeley Irrigation Wells #1 and #2 described in paragraphs 3.6. and 3.7 herein will be used for irrigation. The depletive effect will be calculated by using the modified Blaney-Criddle crop evapotranspiration model, or some other scientifically supportable method for computing depletions acceptable to the Court. These depletions will be replaced by the recharge credits attributable to the accretions from the Recharge Ponds. If sufficient recharge credits are not available to replace the depletive effects from the operation of the Greeley Irrigation Wells, the wells will not be operated. The timing of the depletions associated with all of the Applicant’s Wells and the accretions associated with the Recharge Ponds will be calculated by S.D.F. methodology. The location of the Applicant’s Wells is such that the injurious impact from the pumping of all of the wells can be offset and replaced, in time, amount and location, by the recharge credits attributable to the accretions from the Recharge Ponds. Hence, the water diverted essentially “replaces itself” in the aquifer (with the beet water more than offsetting the evaporative loss in the refining process and from the Recharge Pond surfaces). Because the amount of beet water generated in the refining process may exceed the amount of water lost to evaporation, there may be excess recharge credits generated beyond the needs of the Applicant. Applicant requests the right to utilize any such credits for all beneficial purposes, including general augmentation purposes, in accordance with written agreements between the Applicant and others, in accordance with the law, and subject to the approval of the State Engineer or Water Court. Applicant also seeks the right to divert and use, reuse and successively use said excess recharge credits, if physically and legally available, as an additional source of water for its processing plants. Applicant will provide reports and accounting for the augmentation plan to the Division Engineer, as required by the Division Engineer. 10. Name and address of the owner of the land on which structures is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Applicant is the owner of all the land on which all structures will be located. 11. Applicant requests that the Court award an ABSOLUTE water right as to all or any portion of the above claims for conditional water rights which may be duly diverted, stored or placed to beneficial use prior to the date of the decreed to be entered herein.

03CW454 Boulder County, c/o Water Resources Specialist, P.O. Box 471, Boulder, Colorado 80306. 303-527-0419 (Gilbert Y. Marchand, Esq., 2737 Mapleton Ave., Suite 202, Boulder, CO 83004). Application for Storage Right, IN BOULDER COUNTY.

1. Name of reservoir: Goodhue Reservoir No. 1, a.k.a. Stearns Lake. 2. Locations:

A. Dam: In the W½SW½ of Section 22, Township 1 South, Range 69 West, 6th P.M., Boulder County, approximately 1,137 feet from the west section line and 1,506 feet from the south section line.

B. Points of diversion to storage:

i. South Boulder Creek: At the point of diversion of the Goodhue Ditch in the SE¼NE¼ of

Section 20, Township 1 South, Range 70 West, 6th P.M., Boulder County, approximately 237 feet from the east section line and 2,166 feet from the north section line.

ii. Coal Creek: At the point where the Goodhue Ditch crosses Coal Creek in the NW¼SW¼

of Section 17, Township 1 South, Range 69 West, 6th P.M., Boulder County, approximately 390 feet from the west section line and 1,391 feet from the south section line.

iii. A map showing the locations of Stearns Lake and the points of diversion to storage is attached to the application as Appendix 1.

3. Source: South Boulder Creek and Coal Creek, both tributary to Boulder Creek, tributary to St. Vrain

Creek, tributary to the South Platte River. 4. Appropriation:

A. Date of appropriation: April 1, 1933.

B. How appropriation was initiated: The appropriation was initiated by formation of the requisite intent to appropriate combined with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to preparation and filing of map of proposed reservoir enlargement with State Engineer’s Office.

C. Date water applied to beneficial use: In 1940 after completion of reservoir’s enlargement.

5. Amount claimed:

A. Storage amount: 220 acre-feet, absolute, with the right to fill and re-fill as needed and as water is available.

B. Rates of diversion to filling: Up to the full capacity of the Goodhue Ditch from both the South

Boulder Creek and the Coal Creek points of diversion described herein has been and will continue to be utilized for storage in Stearns Lake. The maximum ditch capacity is estimated to be 90 cfs.

6. Uses: Irrigation, fish and wildlife, and recreation. Up to 400 acres were historically irrigated. Up to

approximately 265 acres will continue to be irrigated. The location of the irrigated acreage is in the S1/2NW1/4, NE1/4, SW1/4, and W1/2SE1/4, Section 22, Township 1 South, Range 69 West, 6th P.M., Boulder County. A map showing the location of the irrigated acreage is attached to the application as Appendix 1.

7. Reservoir dimensions:

A. Surface area of high water line: 29 acres.

B. Maximum height of dam: 14.4 feet.

C. Length of dam: 941 feet. 8. Capacity of reservoir: 220 acre-feet, of which approximately 210 acre-feet is estimated to be active

capacity and approximately 10 acre-feet is estimated to be dead storage. 9. Names and addresses of owners of land upon which any structures are located, upon which water is or will

be stored, or upon which water is or will be placed to beneficial use:

The dam, reservoir, and place of beneficial use are on land owned by applicant whose name and address are described above in section 1.

An easement across lands for the ditch and related facilities through which water is diverted to storage is owned by the Goodhue Ditch Company, c/o Rich Koopman, President, P.O. Box 471, Boulder, CO 80306.

The facilities associated with the South Boulder Creek point of diversion are on land believed to be owned by David Groobman, 1927 Senda Rocosa Drive, Boulder, CO 80303.

The facilities associated with the Coal Creek point of diversion are on land owned by the City of Louisville, c/o Dan Mathes, 749 Main Street, Louisville, CO 80027.

11. Remarks: Goodhue Reservoir No. 1, a.k.a. Stearns Lake, is part of the Carolyn Holmberg

Preserve - Rock Creek Farm, which is part of Boulder County’s parks and open space lands. The water right sought herein will be used to maintain Rock Creek Farm in a manner consistent with the county’s parks and open space program. A water right for the reservoir and its initial enlargement was adjudicated in 1907. A second enlargement was completed in 1940. After the second enlargement, water has been diverted to storage through the Goodhue Ditch at the South Boulder Creek and Coal Creek points of diversion described herein, and such stored water has

been placed to beneficial use for the purposes claimed herein. This application seeks confirmation of an absolute water right for storage and beneficial use in connection with this second enlargement.

03CW455 Levi Homeowners Association, c/o Larry Ford, President, 12388 Levi Circle, Henderson, Colorado 80460. 303-654-1433 (Gilbert Y. Marchand, Jr., Esq., Gilbert Y. Marchand, Jr., P.C., 2737 Mapleton Avenue, Suite 202, Boulder, CO 80304. (303) 444-4256 APPLICATION FOR DETERMINATION OF NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE LARAMIE-FOX HILLS AQUIFER AND FOR APPROVAL OF PLAN FOR AUGMENTATION. IN ADAMS COUNTY. Names of wells and permit, registration, or denial numbers: Not applicable. No wells or well permits currently exist with respect to the right to withdraw the nontributary groundwater in the Laramie-Fox Hills aquifer claimed herein. Well permit(s) for the well(s) to be constructed shall be applied for at such time as applicant is prepared to construct the wells. Applicant requests the Court to direct the State Engineer to issue such well permits in conformance with the terms of the decree that may be granted herein. Description of overlying land: The groundwater that is the subject of this application underlies land known as the Levi Subdivision which includes 13 lots within approximately 40 acres in the NE1/4SW1/4 of Section 36, Township 1 South, Range 67 West, 6th P.M., Adams County, Colorado. As shown in the plat recorded on June 29, 1978, with the Adams County Recorder under number B141442 in File 14, Map 410, the legal description of the Levi Subdivision is as follows:

Beginning at the northeast corner of the NE1/4SW1/4 of Section 36, Township 1 South, Range 67 West; thence N 90º00'00" W on an assumed bearing along the north line of said NE1/4SW1/4, a distance of 1,324.71 feet to the northwest corner of said NE1/4SW1/4; thence S 00º38'46" E along the west line of said NE1/4SW1/4, a distance of 1,331.19 feet to the southwest corner of said NE1/4SW1/4; thence N 89º52'56" E along the south line of said NE1/4SW1/4, a distance of 1,322.59 feet to the southeast corner of said NE1/4SW1/4; thence N 00º33'[39'?]22" W along the east line of said NE1/4SW1/4, a distance of 1,328.45 feet to the point of beginning. Contains 40.407 acres more or less.

Applicant is in the process of obtaining express consent from the owners of the 13 lots within the Levi Subdivision to withdraw the Laramie-Fox Hills aquifer groundwater that is the subject of this application. Applicant acknowledges the obligation to supplement this application pursuant to C.R.S. ' 37-92-302(2)(b) with evidence that the applicant has, within ten days after filing the application, given notice of the application by registered or certified mail, return receipt requested, to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located.

Well locations, additional wells, and well fields: Subject to applicable well spacing requirements, applicant claims the right to withdraw groundwater from the Laramie-Fox Hills aquifer through wells located anywhere within the Levi Subdivision. Applicant claims the right to construct additional and replacement wells in the Laramie-Fox Hills aquifer underlying the Levi Subdivision in order to maintain levels of production, to meet water supply demands, or to recover the entire amount of groundwater in the Laramie-Fox Hills aquifer underlying the Levi Subdivision. As additional wells are planned, applications for well permits shall be filed in accordance with C.R.S. ' 37-90-137(10),

and applicant claims the right to construct such wells and/or replacement wells without the necessity of filing an amendment to this application, republishing it, or petitioning the Court for the reopening of any decree hereafter entered. Applicant claims the right to have two or more wells constructed into the subject Laramie-Fox Hills aquifer and located in the Levi Subdivision be considered a well field pursuant to Rules 4.A.(13) and 14 of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. Source and classification of groundwater: Applicant seeks confirmation of the right to withdraw all the available groundwater from the Laramie-Fox Hills aquifer underlying the Levi Subdivision. Applicant claims that the groundwater in the Laramie-Fox Hills aquifer underlying the Levi Subdivision is Anontributary@ as defined in C.R.S. ' 37-90-103(10.5). Applicant acknowledges that, pursuant to C.R.S. ' 37-90-137(9)(b) and the rules and regulations promulgated thereunder by the Colorado State Engineer, applicant shall not be required to relinquish the right to consume, by means of original use, reuse, and successive use, more than two percent of the amount of groundwater which is withdrawn from the Laramie-Fox Hills aquifer underlying the Levi Subdivision. Well depths: Well(s) will be completed to the bottom of the subject Laramie-Fox Hills aquifer. Based on a ground elevation of approximately 5,060 feet at the Levi Subdivision, the approximate depth to the top of the Laramie-Fox Hills aquifer at this location is 950 feet below ground surface, and the approximate depth to the bottom of the Laramie-Fox Hills aquifer at this location is 1,200 feet below ground surface. These depths are approximate and are based on geologic and topographical information available from the Colorado State Engineer=s office. Actual well completion depth(s) may vary from this estimate based on the actual conditions below the Levi Subdivision. Appropriation: Pursuant to C.R.S. ' 37-92-305(11), 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 nontributary groundwater rights sought herein, and no showings of, or applications for, findings of reasonable diligence are required with respect to such water rights. Amounts: Pursuant to C.R.S. ' 37-90-137(4), applicant seeks to appropriate and confirm its right to withdraw all the groundwater in the Laramie-Fox Hills aquifer underlying the Levi Subdivision over the statutorily prescribed 100-year life for such aquifer.

A. Estimated amount and rate of withdrawal: Each well will withdraw groundwater at a rate of flow up to such rate as will allow the efficient withdrawal of the entire available amount, including such higher rates as may be necessary to meet peak pumping requirements. Applicant has utilized the Denver Basin Rules of the State Engineer, 2 C.C.R. 402-6, to estimate the specific yield and the average thickness of the saturated aquifer materials in the Laramie-Fox Hills aquifer beneath the Levi Subdivision. By use of such values, applicant estimates that it is entitled to withdraw the following amount of groundwater from the Laramie-Fox Hills aquifer beneath said land:

Aquifer

Acres

Saturated Thickness (feet)

Specific Yield

Average Annual Withdrawal (in acre-feet)

Laramie-Fox Hills

40

165

0.15

9.9

B. Banking and well field provisions: As allowed by the Abanking provisions@ of Rule 8.A. of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7, applicant claims the right to withdraw more water each year from the Laramie-Fox Hills aquifer than the average amount available annually therefrom, so long as the sum of the withdrawals from all of the wells completed into the aquifer does not exceed the product of the average annual amount of withdrawal available from the 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. Consistent with Rule 14 of the Statewide Nontributary Groundwater Rules, applicant claims the right to produce the total allowed annual amount of withdrawal claimed hereunder for the Laramie-Fox Hills aquifer, including amounts claimed pursuant to the Abanking@ provisions of aforementioned Rule 8.A., through a single well drilled into the aquifer or through a combination of wells drilled into the aquifer.

C. Adjustments based on site specific data: As wells are drilled and more site specific data is

obtained, different aquifer characteristics and sand thicknesses may be shown to exist and the total amount of groundwater available may change. Accordingly, applicant requests the right to revise these estimates and to obtain a decree for whatever amount of Laramie-Fox Hills aquifer groundwater is shown to underlie the Levi Subdivision without the necessity of amending this application or of republishing the same.

Proposed uses: Water withdrawn pursuant to the water rights claimed herein may be used, reused, and successively used and/or leased, sold, or otherwise disposed of for all purposes including municipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, sanitary purposes, and any other beneficial use on or off the Levi Subdivision. Applicant claims the right to immediately use such water or to store it for subsequent use, to use it for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit for all return flows resulting from the use of such water for augmentation for, or as an offset against, any depletions required to be replaced. Retained jurisdiction: Pursuant to C.R.S. ' 37-92-305(11), applicant requests the Court to retain jurisdiction as necessary to provide for the adjustment of the average annual amount of Laramie-Fox Hills groundwater available under the Levi Subdivision to conform to actual local aquifer characteristics as determined from adequate information obtained from well drilling or test holes. Names and addresses of owners of land upon which wells will be located: The initial well to be constructed hereunder is expected to be constructed on Lot 10 of the Levi Subdivision owned by Dennis Smith with an address of 12890 E. 120th Avenue, Henderson, Colorado, 80640. Applicant has an easement for an existing well on said land and believes the easement can accommodate the proposed Laramie-Fox Hills well or can be enlarged if necessary. Any subsequent well into the Laramie-Fox Hills aquifer constructed hereunder will be located on one of the lots within the Levi Subdivision. Notice of this application is being provided to all of the owners of lots within the Levi Subdivision. Applicant will obtain appropriate landowner consent or approval for construction of any such well. Relief requested: Applicant requests the court to enter a decree:

A. granting the application and confirming the applicant’s right to withdraw the groundwater from the Laramie-Fox Hills aquifer underlying the Levi Subdivision and determining that such water right is a vested property right;

B. finding that such groundwater is available for withdrawal by applicant 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 the efficient withdrawal of the entire available amount from the aquifer, including such higher rates as may be necessary to meet peak pumping requirements;

C. granting the right to withdraw such groundwater through wells located anywhere in the Levi

Subdivision, subject to applicable spacing requirements;

D. granting the right to construct additional and replacement wells in the Laramie-Fox Hills aquifer underlying the Levi Subdivision in order to maintain levels of production, to meet water supply demands, or to recover the entire amount of groundwater in the Laramie-Fox Hills aquifer underlying the Levi Subdivision without the necessity of filing an amendment to this application, republishing it, or petitioning the Court for the reopening of any decree hereafter entered;

E. granting the right to have two or more wells constructed into the subject Laramie-Fox Hills aquifer

and located in the Levi Subdivision be considered a well field pursuant to Rules 4.A.(13) and 14 of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7, and the right to produce the total allowed annual amount of withdrawal claimed hereunder from the Laramie-Fox Hills aquifer, including amounts claimed pursuant to Abanking@ provisions, through a single well drilled into the aquifer or through a combination of wells drilled into the aquifer;

F. finding that the groundwater in the Laramie-Fox Hills aquifer underlying the Levi Subdivision is

nontributary as defined in C.R.S. ' 37-90-103(10.5) and that the withdrawal of such groundwater 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;

G. granting applicant=s right to consume, by means of original use, reuse, and successive use, all but

two percent of the amount of groundwater which is withdrawn from the Laramie-Fox Hills aquifer underlying the Levi Subdivision;

H. 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;

I. granting the right to withdraw more water each year from the subject Laramie-Fox Hills aquifer

than the average amount available annually therefrom, so long as the sum of the withdrawals from all of the wells completed into the aquifer does not exceed the product of the average annual amount of withdrawal available from the 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;

J. retaining jurisdiction as necessary to provide for the adjustment of the average annual amount of

groundwater available under the Levi Subdivision to conform to actual local aquifer characteristics as determined from adequate information obtained from well drilling or test holes;

K. and directing the State Engineer to issue well permits in conformance with this decree.

PLAN FOR AUGMENTATION Name of structure to be augmented: Levi Subdivision Irrigation Well (permit no. 0696). A water right for this well in the amount of 0.533 cubic feet per second with an appropriation date of April 30, 1934 was granted in Case No. W-2062 in a decree entered by the District Court, Water Division No. 1, on April 5, 1977. The decreed location of the well is in the NE1/4SW1/4 of Section 36, Township 1 South, Range 67 West, of the 6th P.M., Adams County, Colorado, at a point 276 feet north and 354 feet west of the southeast corner of said NE1/4SW1/4 of said Section 36, which land is located within the Levi Subdivision. The decreed use of water from the well is irrigation of 40 acres in said NE1/4SW1/4 of said section 36. Water may be diverted from the well pursuant to this water right decreed in Case No. W-2062. No other water rights are diverted from this structure. Previous decree(s) for water right(s) to be used for augmentation: The water proposed for use as an augmentation source is the nontributary Laramie-Fox Hills aquifer groundwater described herein in sections 2 through 12. Water rights for withdrawal of such groundwater are being sought pursuant to this application. Historic use: There is no historic use associated with the nontributary Laramie-Fox Hills groundwater proposed for use as an augmentation source herein. Statement of plan for augmentation, covering all applicable matters under C.R.S. § 37-92-103(9), 302(1) and (2), and 305(8):

The Levi Subdivision is located in the northeast quarter of the southwest quarter of Section 36, Township 1 South, Range 67 West, 6th Principal Meridian, Adams County, Colorado. The legal description of the lands comprising the Levi Subdivision is contained in section 3 of this application. The domestic water supply for the subdivision is from individual Arapahoe Aquifer wells. An alluvial well (permit no. 0696) (sometimes referred to herein as the “Levi Subdivision Irrigation Well”) is also located within the subdivision and is presently hooked into the irrigation system of the subdivision. Use of this well for irrigation purposes is the subject of this augmentation plan. Irrigation requirements associated with the Levi Subdivision have been calculated using the demands for bluegrass which is 2.5 feet of application. Approximately 85% of this application is consumptively used by the vegetation and 15% returns to the subsurface via deep percolation. Assuming that each lot irrigates 13,000 square feet of vegetation (0.3 acre), the total requirement would be 9.7 acre-feet per year (af/yr) of irrigation water. The consumptive use of the vegetation would be 85% of the 9.7 af/yr or 8.2 af/yr. The total depletion to the stream system from the irrigation as described above would be 8.2 af/yr.

The Laramie-Fox Hills aquifer underlies the Levi Subdivision at the depths described above in section 6. Examination of the State Engineer’s Senate Bill 5 maps indicates that the saturated sand and siltstone thickness is approximately 165 feet. The total acreage in the Levi Subdivision is approximately 40 acres. Using the equation set forth by Senate Bill 5 and the rules and regulations promulgated thereunder by the State Engineer, approximately 9.9 af/yr would be available for withdrawal from the Laramie-Fox Hills Aquifer and could be used for augmentation water. See section 8 of this application. The proposed augmentation plan is to pump the Levi Subdivision Irrigation Well for irrigation purposes on the 13 lots in the Levi Subdivision and - as necessary to replace out-of-priority depletions resulting from such pumping - to withdraw water from the subject Laramie-Fox Hills aquifer and use such water to recharge the alluvial aquifer from which the irrigation water is drawn. A flow meter would be installed on the Levi Subdivision Irrigation Well and read on a monthly basis during the irrigation season. The irrigation use would be multiplied by the 85% consumptive use and divided by the 7-month irrigation season. A Laramie-Fox Hills well would be drilled and pumped for augmentation water. The water from this well will be pumped into a perforated pipe to be buried in the alluvial aquifer located within 500 feet of the Levi Subdivision Irrigation Well so that it can percolate back into the aquifer. Using the irrigation requirements described above, and assuming that all pumping necessary to satisfy such irrigation requirements results in out-of-priority depletions that are required to be augmented, the Laramie-Fox Hills well would be pumped at a rate of just over 1 af/month (8.7 gallons per minute) for seven months. With monthly records taken, any augmentation shortage would be made up during the following month by increasing the pumping rate of the Laramie-Fox Hills well. Applicant reserves the right to irrigate more than 13,000 square feet on one or more lots, provided that the total amount of irrigation within the Levi Subdivision does not result in consumptive use greater than the annual amount available for withdrawal from the Laramie-Fox Hills aquifer in any given year.

Names and addresses of owners of land upon which any structures are located or upon which water is or will be placed to beneficial use: The Levi Subdivision Irrigation Well is located on Lot 10 of the Levi Subdivision, which lot is owned by Dennis Smith, 12890 E. 120th Avenue, Henderson, Colorado, 80640. Applicant has an easement for such well. The owner of the lot upon which the recharge structure will be located is Larry Ford, 12388 Levi Circle, Henderson, Colorado, 80640 (Lot 1 of the Levi Subdivision) or George Maybee, 12369 Levi Circle, Henderson, Colorado 80640 (Lot 2 of the Levi Subdivision). The beneficial use (irrigation) may occur on all 13 lots within the Levi Subdivision. The names of all such lot owners are being gathered, and notice of this application is being provided to all such lot owners. With respect to the proposed Laramie-Fox Hills aquifer well or wells, see section 11 of this application. Remarks: A map showing the location of the Levi Subdivision and the Levi Subdivision Irrigation Well is attached to the application. ---------------------------------------------------------AMENDMENTS-------------------------------------------------------------- 92CW130 (92CW131, 92CW132, 92CW133, 92CW134, 92CW135, 92CW136, 92CW137, 92CW138, 92CW139, 92CW140, 97CW246 Northern Colorado Water Conservancy District (ANorthern District@), c/o Robert V. Trout and Douglas M. Sinor, Trout, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203. Amendment to Applications, In Larimer and Weld Counties, Colorado. General Description of Amendment. The applications in this matter were filed by Northern District for the purpose of adjudicating water rights for various components of an integrated project known as the South Platte

Water Conservation Project (ASPWCP@). The applications in Case Nos. 92CW130 through 92CW140 were consolidated on October 3, 1997 and the application in Case No. 97CW246 was consolidated with Case Nos. 92CW130 through 92CW140 on April 20, 1998. The SPWCP, as presently configured, consists of, inter alia, two river intake points on the South Platte River and the Cache la Poudre River, a forebay reservoir, and a pumping station and pipeline. The two proposed intake points will divert water from the South Platte and Cache la Poudre Rivers into the forebay reservoir. Water from the forebay reservoir will be pumped to the proposed Galeton Reservoir by the pumping station and pipeline. The applications in Case Nos. 92CW130, 92CW131, 92CW133 and 92CW134 describe water rights for the South Platte River intake, the Cache la Poudre River intake, the forebay reservoir and the pumping station and pipeline, respectively. As part of the SPWCP, the Northern District seeks to divert water from the South Platte River and transport such water to the proposed Galeton Reservoir by means of an alternate intake point, pumping station and pipeline and forebay reservoir as described below. The applications in this matter are amended to add the following alternate points of diversion for the South Platte Water Conservation Project Riverside Canal Intake and the South Platte Water Conservation Project Riverside Pumping Station and Pipeline and alternate place of storage for the South Platte Water Conservation Project Riverside Pumping Station Forebay Reservoir: Alternate Points of Diversion 1. South Platte Water Conservation Project Riverside Canal Intake. a. Legal description of point of diversion: Section 20, T5N, R63W, 6th P.M., Weld County, Colorado, at a point 270 feet East of the West Section line and 710 feet North of the South Section line of said Section 20. b. Source: South Platte River and its tributaries. c. Date of initiation of appropriation: Same as described in the applications in Case Nos. 92CW130 through 92CW140. d. How appropriation was initiated: Same as described in the applications in Case Nos. 92CW130 through 92CW140. e. Amount claimed: 400 cfs, conditional. f. Proposed Use: All uses described in the applications in Case Nos. 92CW130 through 92CW140. g. Name and address of owner of land upon which structure will be located: Perkins Land and Livestock LLC 1514 Main Street, Unionville, MO 63565. 2. South Platte Water Conservation Project Riverside Pumping Station and Pipeline. a. Legal description of location of pumping plant: In the West 2 of the Southwest 1/4 of Section 20, T5N, R63W, 6th P.M., Weld County, Colorado. b. Source: South Platte River and its tributaries, via the South Platte Water Conservation Project Riverside Pumping Station Forebay Reservoir and the Riverside Canal Intake described herein. c. Date of initiation of appropriation: Same as described in the applications in Case Nos. 92CW130 through 92CW140. d. How appropriation was initiated: Same as described in the applications in Case Nos. 92CW130 through 92CW140. e. Amount claimed: 400 cfs, conditional. f. Proposed Use: All uses described in the applications in Case Nos. 92CW130 through 92CW140. g. Name and address of owner of land upon which structure will be located: Perkins Land and Livestock LLC, 1514 Main Street, Unionville, MO 63565. Alternate Place of Storage 1. South Platte Water Conservation Project Riverside Pumping Station Forebay Reservoir. a. Legal description of reservoir location: In the West 2 of the Southwest 1/4 of Section 20, T5N, R63W, 6th P.M., Weld County, Colorado. b. Name and capacity of structure used to fill off-channel reservoir: The South Platte Water Conservation Project Riverside Canal Intake, as more fully described above. c. Source: South Platte River and its tributaries. d. Date of initiation of appropriation: Same as described in the applications in Case Nos. 92CW130 through 92CW140. e. How appropriation was initiated: Same as described in the applications in Case Nos. 92CW130 through 92CW140. f. Amount claimed: 400 acre-feet, conditional. g. Rate of diversion for filling reservoir: 400 cfs. g. Proposed Use: All uses described in the applications in Case Nos. 92CW130 through 92CW140. h. Surface area of high water line: Approximately 30 acres. i. Maximum depth of water: Approximately 30 feet. j. Total capacity of reservoir: 400 acre-feet; dead storage: 0 acre-feet. k. Name and address of owner of land upon which structure will be located and water will be stored: Perkins Land and Livestock LLC, 1514 Main Street, Unionville, MO 63565. 96CW517 ERIC BERGLUND, 415 N. Forest Ave., Mt. Prospect, IL 60056. Amended Application for Underground Water Right, IN PARK COUNTY. Berglund Well #052085 F located in the SW1/4 NE1/4, S14, T9S, R75W of the 6th PM, 1900’ from N section line and 2300’ from E section line. Source: Underground Appropriation: 5/31/1973 Amount claimed: 15 gpm Use: Household/single family dwelling. (2 pages) 96CW544 ROBERT W. GAGE, 8414 Brambleridge Dr., Castle Rock, CO 80108. Amended Application for Underground Water Right, IN PARK COUNTY. Well located in the NW1/4 NW1/4, S35, T9S, R75W of the 6th PM, 1000’ from N section line and 1200’ from W section line. Source: Underground Appropriation: 5/31/1973 Amount claimed: 1/3 AF Use: Household.(2 pages)

96CW548 JOHN AND DEBBIE BLASZCZYK, 10730 Owens Ct., Westminster, CO 80021. Amended Application for Underground Water Right, IN PARK COUNTY. Well located in the NE1/4 SW1/4, S24, T9S, R75W of the 6th PM, 1240’ from S section line and 2600’ from W section line. Source: Underground Appropriation:5/31/1973 Amount claimed: 15 Use: Household.(2 pages) 96CW594 LOREN AND VALERIE KLAIN, 9978 Dodge Dr., Northglenn, CO 80261. Amended Application for Underground Water Right, IN PARK COUNTY. Klain well located in the NW1/4 NE1/4, S34, T9S, R75W of the 6th PM, 1100’ from N section line and 1850’ from E section line. Source: Underground Appropriation: 5/31/1973 Amount claimed: ½ gpm Use: Household. (2 pages + 4 attachments) 96CW630 GREGORY AND SALLY BERRYMAN, 1070 s. Lion Dr. Pueblo West, CO 81007. Amended Application for Underground Water Right, IN PARK COUNTY. Well located in the NW1/4 SW1/4, S10, T9S, R75W of the 6th PM, 1470’ from S section line and 500’ from W section line. Source: Underground Appropriation: 5/31/1973 Amount claimed: 15 gpm Use: Household.(2 pages) 96CW635 JOSEPH S. AND JEAN N. SOLIS, 16722 E. Berry Ave., Centennial, CO 80015. Amended Application for Underground Water Right, IN PARK COUNTY. Solis well located in the SW1/4 SW1/4, S26, T9S, R75W of the 6th PM, 5’ from S section line and 180’ from W section line. Source: Underground Appropriation: 5/31/1973 Amount claimed: 3 gpm Use: Household. (2 pages + 4 attachments) 96CW637 PETER C. AND CAROL A. BEATTY, 1540 s. Queen St., Lakewood, CO 80232. Amended Application for Underground Water Right, IN PARK COUNTY. Beatty well located in the NE1/4 NE1/4, S25, T9S, R75W of the 6th PM, 200’ from N section line and 1300’ from E section line. Source: Underground Appropriation: 5/31/1973 Amount claimed: <15 gpm Use: Household. (2 pages + 4 attachments) 96CW678 JOEL FREDRICK AND CYNTHIA ANN WHITAKER, 6518 S. Allison Ct., Littleton, CO 80123. Amended Application for Underground Water Right, IN PARK COUNTY. Whitaker well located in the NW1/4 SW1/4, S21, T9S, R75W of the 6th PM, 2340’ from S section line and 300’ from W section line. Source: Underground Appropriation: 5/31/1973 Amount claimed: 7 gpm Use: Household. This is to include new lots 22 and 23 (combined) with lot 21. A well is in productive use on lot 23. (3 pages) 96CW753 JOHN H. AND JULIA A. SANDROCK, 10909 Benton Pl, Parker, CO 80134. Amended Application for Underground Water Right, IN PARK COUNTY. Sandrock Wells #1 and #2 located in the SW1/4 NE1/4, S14, T9S, R75W of the 6th PM, 1670’ from N section line and 2010’ from E section line. Source: Underground Appropriation: 5/31/1973 Amount claimed: 15 gpm Use: Household. (2 pages) 96CW880 JACK AND LOUISE LEWEKE, 55 Winona St., Jefferson, CO 80456. Amended Application for Underground Water Right, IN PARK COUNTY. Leweke Well #048932-F located in the SW1/4 SE1/4, S5, T9S, R75W of the 6th PM, 970’ from S section line and 1840’ from E section line. Source: Underground Appropriation: 5/31/1973 Amount claimed: 15 gpm Use: Household. (2 pages) 02CW86 Riverside Irrigation District and Riverside Reservoir and Land Company, 215 E. Kiowa Street, Fort Morgan, CO 80701, Telephone: (970) 867-6586 (Mark J. Wagner, Esq., Hill & Robbins, P.C.,1441 18th Street, Suite 100, Denver, CO 80202) AMENDMENT TO APPLICATION FOR CONDITIONAL WATER RIGHTS, APPROPRIATIVE RIGHT OF EXCHANGE, AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN WELD AND MORGAN COUNTIES. The original application filed in this case is hereby amended as follows:

Section I, paragraph 2 is amended to add the following structures:

3. I. CONDITIONAL WATER RIGHTS

1. Names of structures and legal description of centroids of additional recharge ponds (map attached as Exhibit A):

Welker 2 Jones Pond

NW/4 SEW/4, Section 1, T4N, R61W of the 6TH P.M. at a point approximately 2770 feet from the South section line and approximately 209 feet from the West Section line

Welker 5 Jones Pond

NE/4 SE/4, Section 1, T4N, R61W of the 6TH P.M. at a point approximately 2700 feet from the South section line and approximately 243 feet from the East Section line

Jones N Pond NE/4 NE/4, Section 2, T4N, R61W of the 6TH P.M. at a point approximately 1148 feet from the North section line and approximately 411 feet from the East Section line

Jones Pasture Pond

SW/4 SE/4, Section 2, T4N, R61W of the 6TH P.M. at a point approximately 1156 feet from the South section line and approximately 2477feet from the East Section line

Welker 1 Pond NW/4 NW/4, Section 1, T4N, R61W of the 6TH P.M. at a point approximately 199 feet from the North section line and approximately 285 feet from the West Section line

State S36 1 Pond SW/4 SW/4, Section 36, T5N, R61W of the 6TH P.M. at a point approximately 374 feet from the South section line and approximately 331 feet from the West Section line

State S36 2 Pond SE/4 SW/4, Section 36, T5N, R61W of the 6TH P.M. at a point approximately 1039 feet from the South section line and approximately 1638 feet from the West Section line

Welker 3 Pond NW/4 NE/4, Section 1, T4N, R61W of the 6TH P.M. at a point approximately 282 feet from the North section line and approximately 2597 feet from the East Section line

Welker 4 Pond NE/4 NE/4, Section 1, T4N, R61W of the 6TH P.M. at a point approximately 210 feet from the North section line and approximately 553 feet from the East Section line

Groves M Pond NE/4 NW/4, Section 6, T4N, R60W of the 6TH P.M. at a point approximately 2436 feet from the South section line and approximately 2450 feet from the West Section line

Groves N Pond SW/4 NW/4, Section 6, T4N, R60W of the 6TH P.M. at a point approximately 2583 feet from the North section line and approximately 1192 feet from the West Section line

Groves S Pond SW/4 SE/4, Section 6, T4N, R60W of the 6TH P.M. at a point approximately 261 feet from the South section line and approximately 2521 feet from the East Section line

Welker 6 Pond NW/4 SE/4, Section 6, T4N, R60W of the 6TH P.M. at a point approximately 1557 feet from the South section line and approximately 2472 feet from the East Section line

Welker 7 Pond SE/4 NW/4, Section 6, T4N, R60W of the 6TH P.M. at a point approximately 2746 feet from the North section line and approximately 1603 feet from the West Section line

Welker 8 Pond SE/4 NE/4, Section 6, T4N, R60W of the 6TH P.M. at a point approximately 2128 feet from the North section line and approximately 198 feet from the East Section line

Heupel Pond NE/4 NW/4, Section 13, T5N, R60W of the 6TH P.M. at a point approximately 993 feet from the North section line and approximately 1671 feet from the West Section line

Castor Pond SE/4 NW/4, Section 19, T5N, R59W of the 6TH P.M. at a point approximately 2267 feet from the North section line and approximately 2476 feet from the West Section line

Carmen Pond SE/4 NW/4, Section 20, T5N, R59W of the 6TH P.M. at a point approximately 1363 feet from the North section line and approximately 1740 feet from the West Section line

Lorenzini Pond NW/4 SE/4, Section 20, T5N, R59W of the 6TH P.M. at a point approximately 1387 feet from the South section line and approximately 2054 feet from the East Section line

Lorenzini S Pond SE/4 SE/4, Section 20, T5N, R59W of the 6TH P.M. at a point approximately 527 feet from the South section line and approximately 212 feet from the West Section line

State S16 E Pond SW/4 SE/4, Section 16, T4N, R58W of the 6TH P.M. at a point approximately 637 feet from the South section line and approximately 2058 feet from the East Section line

State S16 W Pond SE/4 SW/4, Section 16, T4N, R58W of the 6TH P.M. at a point approximately 622 feet from the South section line and approximately 2015 feet from the West Section line

State S16 W 2 Pond

SW/4 SW/4, Section 16, T4N, R58W of the 6TH P.M. at a point approximately 391 feet from the South section line and approximately 1321 feet from the West Section line

Dilley Pond NE4 NW/4, Section 12, T4N, R57W of the 6TH P.M. at a point approximately 583 feet from the North section line and approximately 2093 feet from the West Section line

Kembel Pond SW/4 SW/4, Section 1, T4N, R57W of the 6TH P.M. at a point approximately 213 feet from the South section line and approximately 993 feet from the West Section line

Longacre S Pond NE/4 SE/4, Section 32, T5N, R57W of the 6TH P.M. at a point approximately 2441 feet from the South section line and approximately 928 feet from the East Section line

Longacre D Pond SW/4 SW/4, Section 28, T5N, R57W of the 6TH P.M. at a point approximately 472 feet from the South section line and approximately 838 feet from the West Section line

Longacre N Pond NE/4 NE/4, Section 32, T5N, R57W of the 6TH P.M. at a point approximately 544 feet from the North section line and approximately 1302 feet from the East Section line

Amsberry Pond NE/4 SE/4, Section 2, T4N, R56W of the 6TH P.M. at a point approximately 282 feet from the South section line and approximately 30 feet from the East Section line

C Kembel 4 Pond SW/4 NW/4, Section 25, T5N, R56W of the 6TH P.M. at a point approximately 2270 feet from the North section line and approximately 471 feet from the West Section line

C Kembel 1 Pond NE/4 SE/4, Section 26, T5N, R56W of the 6TH P.M. at a point approximately 1573 feet from the South section line and approximately 926 feet from the East Section line

C Kembel 2 Pond NE/4 SE/4, Section 26, T5N, R56W of the 6TH P.M. at a point approximately 2159 feet from the South section line and approximately 896 feet from the East Section line

C Kembel 3 Pond NE/4 SE/4, Section 26, T5N, R56W of the 6TH P.M. at a point approximately 2067 feet from the South section line and approximately 926 feet from the East Section line

J Woodward Pond NW/4 NW/4, Section 32, T5N, R56W of the 6TH P.M. at a point approximately 1399 feet from the North section line and approximately 928 feet from the West Section line

Woodward N Pond

NW/4 SE/4, Section 33, T5N, R56W of the 6TH P.M. at a point approximately 2382 feet from the South section line and approximately 2396feet from the East Section line

Woodward S Pond

SE/4 SE/4, Section 33, T5N, R56W of the 6TH P.M. at a point approximately 202 feet from the South section line and approximately 166 feet from the East Section line

C Kembel 5 Pond NW/4 NE/4, Section 36, T5N, R56W of the 6TH P.M. at a point approximately 692 feet from the North section line and approximately 2593 feet from the East Section line

C Kembel 6 Pond NE/4 SW/4, Section 36, T5N, R56W of the 6TH P.M. at a point approximately 2304 feet from the South section line and approximately 2547 feet from the West Section line

The above structures will be created by surface excavation and will not have dams. Section I, paragraph 3 is amended to add the following: 2. A. Estimated surface area, storage volume, stream depletion factor, and rate of filling for each of the additional

recharge ponds:

Name Estimated Surface

Area (acres)

Estimated Storage Volume and Conditional Annual Amount Claimed (acre-

feet)

SDF (days) Conditional Rate of Filling

Claimed (cfs)

Welker 2 Jones Pond

11 66 with right to fill and refill when in priority

750 50

Welker 5 Jones Pond

14 84 with right to fill and refill when in priority

750 50

Jones N Pond 20 100 with right to fill and refill when in priority

1100 40

Jones Pasture Pond 50 400 with right to fill and refill when in priority

550 40

Welker 1 Pond 6 36 with right to fill and refill when in priority

1300 40

State S36 1 Pond 10 50 with right to fill and refill when in priority

1400 20

State S36 2 Pond 40 200 with right to fill and refill when in priority

1470 20

Welker 3 Pond 14 84 with right to fill and refill when in priority

1300 40

Welker 4 Pond 7 42 with right to fill and refill when in priority

1200 40

Groves M Pond 7 21 with right to fill and refill when in priority

750 40

Groves N Pond 7 28 with right to fill and refill when in priority

750 40

Groves S Pond 7 21 with right to fill and refill when in priority

350 40

Welker 6 Pond 7 42 with right to fill and refill when in priority

750 40

Welker 7 Pond 7 42 with right to fill and refill when in priority

600 40

Welker 8 Pond 6 36 with right to fill and refill when in priority

5400 40

Heupel Pond 5 20 with right to fill and refill when in priority

1400 20

Castor Pond 15 45 with right to fill and refill when in priority

2430 20

Carmen Pond 15 45 with right to fill and refill when in priority

2430 20

Lorenzini Pond 15 45 with right to fill and refill when in priority

1800 40

Lorenzini S Pond 10 60 with right to fill and refill when in priority

1470 40

State S16 E Pond 19 133 with right to fill and refill when in priority

1500 40

State S16 W Pond 15 90 with right to fill and refill when in priority

1500 40

State S16 W 2 Pond

6 24 with right to fill and refill when in priority

1500 40

Dilley Pond 15 75 with right to fill and refill when in priority

5230 20

Kembel Pond 8 40 with right to fill and refill when in priority

5230 20

Longacre S Pond 10 60 with right to fill and refill when in priority

8200 20

Longacre D Pond 20 120 with right to fill and refill when in priority

8200 20

Longacre N Pond 3 9 with right to fill and refill when in priority

8200 20

Amsberry Pond 9 63 with right to fill and refill when in priority

300 20

C Kembel 4 Pond 20 140 with right to fill and refill when in priority

1600 20

C Kembel 1 Pond 30 210 with right to fill and refill when in priority

1600 20

C Kembel 2 Pond 15 90 with right to fill and refill when in priority

1600 20

C Kembel 3 Pond 30 180 with right to fill and refill when in priority

1600 20

J Woodward Pond 7 56 with right to fill and refill when in priority

3000 20

Woodward N Pond 7 35 with right to fill and refill when in priority

2800 20

Woodward S Pond 5 20 with right to fill and refill when in priority

1400 20

C Kembel 5 Pond 7 42 with right to fill and refill when in priority

900 20

C Kembel 6 Pond 20 120 with right to fill and refill when in priority

750 20

The point of diversion for all structures is the Riverside Canal, which has a capacity of 1000 cfs and has a

point of diversion located on the north bank of the South Platte River in the SW/4 SW/4 of Section 20, T5N, R63W of the 6th P.M. in Weld County Colorado.

AUGMENTATION WELLS

Riverside claims the right to use ground water pumped from the following wells (hereinafter referred to as Augmentation Wells) for irrigation, recharge, and augmentation for use in the plan for augmentation

described in this application and for domestic, industrial, commercial, irrigation, stock watering, recreation, fish and wildlife purposes, and fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for

substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water may be fully consumed during the first use of the water, or recaptured and reused,

substituted and exchanged for other water until the water is fully consumed, and to provide augmentation water directly to the South Platte River and Vancil Reservoir and by an internal canal exchange to Riverside

Reservoir: 1) Well No. 6596-F was decreed in Case No. W-2919-48. It was decreed for 5.56 cfs for

supplemental irrigation of all lands within the Riverside Irrigation District and has an appropriation date of March 31, 1965.

2) Well No. 5907-F was decreed in Case No. W-2919-48. It was decreed for 5.56 cfs for supplemental irrigation of all lands within the Riverside Irrigation District and has an appropriation date of July 31, 1964.

3) Well No. 6597-F was decreed in Case No. W-2919-48. It was decreed for 5.00 cfs for supplemental irrigation of all lands within the Riverside Irrigation District and has an appropriation date of March 31, 1965.

4) Well No. 5686 was decreed in Case No. W-2919-48. It was decreed for 5.56 cfs for supplemental irrigation of all lands within the Riverside Irrigation District and has an appropriation date of March 31, 1964.

5) Well No. 6765-F was decreed in Case No. W-2919-48. It was decreed for 5.56 cfs for supplemental irrigation of all lands within the Riverside Irrigation District and has an appropriation date of March 31, 1965.

6) Well No. 6766-F was decreed in Case No. W-2919-48. It was decreed for 5.00 cfs for supplemental irrigation of all lands within the Riverside Irrigation District and has an appropriation date of March 31, 1965.

7) Well No. 59355 was permitted on March 31, 2003 for providing water to replace returns flows or out-of-priority depletions. The permit allowed expansion of the well’s original permit 41384-F. The originally permitted use was irrigation.

8) Well No. 8273 was permitted on November 26, 1957 for irrigation on 160 acres. The permitted flow rate was 750 gpm (1.67 cfs). The well was decreed on March 17, 1978 for 2.04 cfs for irrigation purposes with an appropriation date of July 1, 1955.

9) The Vancil Reservoir Relief Well No. 6 (Permit Nom. 42282-F) was permitted for dewatering and irrigation in 1993.

The location and SDF value for each of the said wells is as follows: Name Location

4. Quarter Quarter

Quarter Section Township Range Permit No. SDF

Well No. 6596-F NW NW 17 4 N 61 W 6596-F 100 Well No. 5907-F SW SW 8 4 N 61 W 5907-F 165 Well No. 6597-F SW SE 8 4 N 61 W 6597-F 270 Well No. 5686-F SE SW 8 4 N 61 W 5686-F 165 Well No. 6765-F SW SW 9 4 N 61 W 6765-F 230 Well No. 6766-F NW SW 10 4 N 61 W 6766-F 480 Well No. 59355-F SW SW 10 4 N 59 W 59355-F 375 Well No. 8273 NE SE 28 5 N 56 W 8273 1239 Well No. 042282-F NW NW 34 5 N 56 W 042282-F 1729 In order to prevent injury to other water rights, pumping from the said wells for augmentation purposes shall be measured and deemed to be 100% consumed. The timing of depletions shall be calculated using the SDF method, and such depletions shall be replaced pursuant to the plan for augmentation described in the application, as amended, in this case.

CANAL RECHARGE Riverside also claims credit for the amount of water that is diverted into the Riverside Canal for recharge purposes (for the new recharge ponds listed above and/or for the ponds listed in the original application) that seeps from the Riverside Canal and recharges the alluvium of the South Platte River. For this purpose, Riverside proposes to use the same or similar methodology and terms and conditions as those contained in the Decree in entered in Case No. 88CW221 to calculate and account for such recharge.

Source: South Platte River for the Recharge Ponds and canal recharge; ground water tributary to the South

Platte River for the Augmentation Wells.

Date of appropriation claimed for the water rights claimed in this amendment: April 17, 2003; How appropriation was initiated: Formation of intent and surveying locations; Date water applied to beneficial use: Not applicable.

Use: Augmentation, either directly or by exchange, by recharge of the South Platte alluvial aquifer, wildlife,

and piscatorial. Section I, paragraph 7 is amended to add the following:

7. Name(s) and address(es) of owner(s) upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use.

State Board of Land Commissioners 1220 11th Ave, Greeley, CO 80631 Roxanne K. Woodward 27444 Rd. Y, Snyder, CO 80750 Marvin & Beverly Kembel 23808 Co Rd 23, Fort Morgan, CO 80701 Lorenzini Family Trust 24383 Co Rd. 9, Weldona, CO 80653 Kurt M. & Carol L. Heupel 4704 Hwy 144, Weldona, CO 80653 Kay D. & Frances Welker 23777 Co Rd 1, Orchard, CO 80649 John E. & Walter T. Jones 17024 MCR 2, Wiggins, CO 80654 John E. & Marilyn Woodward 25251 Rd. Y, Snyder, CO 80750 Groves Farms 0085 MCR X, Orchard, CO 80649 Gary & Beverly Carmin 12801 MCR X.5, Weldona, CO 80653 Edward L. Welker et al 17286 MCR 2, Wiggins, CO 80654 Earnest & Betty Amsberry PO Box 808, Snyder, CO 80750 Delbert & Wade Castor 22791 Hwy 39, Weldona, CO 80653 Cary & Patricia Kembel 21495 Co Rd T.5, Fort Morgan, CO 80701 Vernon & Gwen Dilley PO Box 125, Brush, CO 80723 Walter & Lillian Longacre 20531 Co Rd Y, Fort Morgan, Co 80701

Section III is amended to add the following:

III. PLAN FOR AUGMENTATION 1. Names of structures to be augmented: See list of Augmentation Wells described above, and the wells in

following table and any additional, replacement, or alternate point of diversion well constructed within the boundaries of the Riverside Irrigation District.

Location SDF Well Name/Permit No. Quarter

Quarter Quarter Section Township Range

8550-F NW SW 33 5 N 57 W 30 8515-F NW SW 33 4 N 57 W 1950 10590-F NW NE 27 5 N 56 W 8600 42282-F NW NW 34 5 N 56 W 1729

2. Are there other water rights diverted from the structures? ⌧ Yes No

Well No. 8330-RR listed in the original application will not be augmented under this plan for augmentation. 3. Water right(s) to be used for augmentation: In addition to the sources of augmentation water listed in the original application, Applicants also intend to use the following additional sources of augmentation water in this plan for augmentation: A. Recharge accretions from the additional recharge ponds described in Section I, above.

B. Releases of water stored in Riverside Reservoir under Priority Nos. 24, 45 and 77 and decreed for augmentation use by this Court in Case No. W-8429-76. Applicant is proposing to make releases of such water from Riverside Reservoir through a new outlet canal being constructed from Riverside Reservoir to the South Platte River as depicted on the map attached hereto;

C. Augmentation credit available pursuant to the change of water right originally decreed to the Illinois Ditch described in the decree entered in Case No. 3764, by the Weld County District Court on July 2, 1917, pursuant to a future change of water right application;

D. Augmentation credit available as a result of operation of Augmentation Wells described above; and

E. Augmentation credit available as a result of operation of conditional water rights for Greasewood

Reservoir pursuant to the application pending in this Court in Case No. 96CW020.

F. Riverside’s pro rata share of augmentation credits derived from ownership or lease of Weldon Valley Ditch Company shares pursuant to any decree entered pursuant to the application of the Weldon Valley Ditch Company filed in Case No.2002CW377. Riverside currently owns 54.85 shares of the outstanding 640 shares issued by Weldon Valley Ditch Company. G. Other sources of augmentation water, either pursuant to a decree or a pending application and approved substitute water supply plan.

H. To the extent that this plan produces recharge accretions over and above the amount necessary to replace out-of priority depletions under this plan, Applicant intends to re-divert such accretions by exchange to the Riverside Canal headgate and to deliver such accretions into any of the recharge structures described in Section I above or in the original application in this case. 4. Statement of plan for augmentation, covering all applicable matters under CRS §§37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. The description of the operation of the plan for augmentation appearing in the original application is supplemented as follows: The out-of-priority stream depletions attributable to the structures included in this plan of augmentation will be replaced using recharge accretions and augmentation credits from the sources listed in the application as

amended. On a monthly basis, Riverside will calculate and report the depletions attributable to the structures included in this plan of augmentation, and measured diversions to recharge, stream accretions due

to recharge and consumptive use credit from Riverside Reservoir, Illinois Ditch, Weldon Valley Ditch Company, and augmentation wells. Procedures for determining the amounts to be reported are described

below. 6. Determination of Stream Depletions by Wells

Stream depletions will be determined using the calculated consumption of groundwater by each well (well depletions). Two alternative methodologies are proposed for determining well depletions. The methodologies

are the use/depletion factor (U/DF) method and crop water requirements method (CWR). The well depletions are then used as input data into an SDF model which will calculate the stream depletions.

a) Well Depletions by the U/DF Method Well depletions are determined based upon the amount of water pumped times a use/ depletion factor (U/DF). Well pumping has to be measured and reported monthly. The U/DF’s vary depending upon the use of the wells. The wells in this proposed plan of augmentation are used for either irrigation use or livestock feed yard uses.

The amount of water pumped by wells using this methodology will be measured by use of flow meters. The measured data will be collected monthly. The well pumping amount multiplied by the well’s U/DF shall be deemed to be the monthly well depletions.

b) Well Depletions by the CWR Method In this method, well depletions are calculated by estimating the amount of the crop consumptive irrigation

requirement (CIR) not met by surface water. Measurement of delivery of surface water from all sources to the individual farmer and laterals headgates will be required. Each spring, plan participants will have to

report type of crops and number of acres irrigated for each crop to Riverside. Well depletions will be calculated as the total farm CIR minus CIR met by surface water. CIR on the lands under each well will be calculated on a monthly basis using a crop coefficient / reference crop evapotranspiration procedure or a

calibrated modified Blaney Criddle method. The portion of CIR met by surface water will be determined as the measured deliveries multiplied by the farm irrigation efficiency.

7. Replacement Water From Riverside Reservoir Storage Water Out-of priority depletions will be replaced in part by releases of water stored in Riverside Reservoir under

Priority Nos. 24, 45 and 77 and decreed for augmentation use by this Court in Case No. W-8429-76. In lieu, of making augmentation water releases to the South Platte River via a release to the canal and then to Wildcat Creek, Applicant is proposing to make releases of such water from Riverside Reservoir through a new outlet canal being constructed from Riverside Reservoir to the South Platte River as depicted on the map attached

hereto, or to release such water to the canal for re-storage in, and recharge from, the new recharge ponds and the recharge ponds listed in the original application.

8. Replacement Water from Illinois Ditch

During the pendency of this case, Riverside may file an application to change the use of the water right originally decreed to the Illinois Ditch as an augmentation source in this case. In accordance with the terms and conditions of any decree entered in that case, Riverside proposes to use the depletion credit attributable to the historical use of the water right originally decreed to the Illinois Ditch as replacement water herein.

9. Determination of Recharge Accretions The source of the accretions will be recharge credits developed through the exercise of the water rights

described in Section I, above, and those decreed in the Sublette, Goodrich, Equus, Headley, National Hog Farm and Riverside’s Vancil Reservoir decrees described in the original application. The accounting for determination of recharge accretions under these plans will not change. When available in-priority water

will be diverted into the twelve new recharge ponds described in the original application and the thirty-eight new recharge ponds listed in Section I above. The amount of water recharged into the aquifer each month at the new recharge ponds will be determined as follows: All water diverted from the Riverside Canal into the Recharge Ponds will be measured. The net recharge into the aquifer will be equal to the measured inflow minus evaporation losses. The net evaporation rates (total evaporation minus precipitation) are as follows

DAILY NET EVAPORATION RATES

Month Rates (acre-Feet / acre / day)

January 0.00282 February 0.00503 March 0.00495 April 0.00889 May 0.00610 June 0.01467 July 0.01610

August 0.01683 September 0.01100

October 0.00906 November 0.00306 December 0.00202

Credit for canal recharge occurring at the time water is diverted to the new recharge sites will determined using the same or similar methodology and terms and conditions as those contained in the Decree in entered in Case No. 88CW221 to calculate and account for such recharge.

Each month the net impact upon the stream will be determined. The SDF procedure will be utilized to

determine both depletions resulting from well pumping and accretions resulting from recharge. 10. Replacement Water From Augmentation Wells

With the exception of Well No. 59355-F, the pumped water from the Augmentation Wells could be used several ways:

1) Direct delivery to the canal and thus Riverside irrigators.

2) Pumped into Vancil Reservoir for storage and delivery to irrigation at a later date.

3) Pumped into Vancil Reservoir for storage and exchanged to Riverside Reservoir.

4) An exchange could occur through the canal.

To meet a demand of irrigators downstream of Vancil water would be released from Vancil instead of from Riverside Reservoir. Stored water in Riverside Reservoir would be changed to fully consumable water from the well; however an additional amount for maintenance of canal loss return flows may have to be released from Riverside Reservoir. The consumable water in Riverside Reservoir could be released for augmentation or diverted to an augmentation site. This would not have to be a timely exchange since it is within the canal.

Well 59355-F will provide augmentation water directly to the South Platte via a pipeline. The pumping for replacement purposes shall be deemed to be 100% consumptive. The wells’ stream

depletions will be determined using the SDF method and will be replaced when they impact the South Platte River.

Augmentation Credits from Greasewood Reservoir and Weldon Valley Ditch Company

Augmentation credits available to Riverside as a result of operation of conditional water rights for Greasewood Reservoir pursuant to the application pending in this Court in Case No. 96CW020 and Riverside’s pro rata share of augmentation credits determined pursuant to the application of the Weldon Valley Ditch Company filed in Case No.2002CW377 shall be calculated and used as an augmentation source herein in accordance with the terms and conditions of any decrees entered in those cases.

11. 12. Reporting Requirement

In the spring of each year, Riverside will prepare a report that will be provided to the Division Engineer. The report will provide a list of wells participating in the plan for the year, an estimate of the pumping for the next twelve months and an estimate of diversions to recharge. An analysis of wells’ stream depletions and replacement water include recharge accretions, Riverside Reservoir, Illinois Ditch and recharge wells for the forthcoming year will have to be included. If the analysis shows that depletions are greater than accretions, Riverside will either have to acquire additional augmentation water, or reduce pumping. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. Except as stated in Section I, paragraph 7. above, Applicants either own or will have the right to use the land on which all of the surface diversion and recharge structures are located. Wells to be augmented hereunder are owned by landowners within the Riverside Irrigation District and/or shareholders of the Riverside Reservoir and Land Company. 02CW297: Castle Pines North Metropolitan District, 7404 Yorkshire Drive, Castle Rock, CO 80104, c/o John M. Dingess, Austin Hamre, Duncan, Ostrander & Dingess, P.C., 4600 South Ulster Street, Suite 1111, Denver, CO 80237; ph.: 303.779.0200. Castle Pines Metropolitan District, 5880 Country Club Drive, Castle Rock, CO 80104, c/o Stephen H. Leonhardt, Scott A. Clark, Burns, Figa & Will, P.C.; 6400 South Fiddlers Green Circle, Ste. 1030,

Englewood, CO 80111; ph.: 303.796.2626. AMENDMENTS TO APPLICATION FOR CHANGE OF DENVER BASIN AND TRIBUTARY WATER RIGHTS, DOUGLAS COUNTY Applicants hereby make the following amendments to their application in this matter: 1. The legal descriptions for the following two Upper Dawson wells were stated incorrectly in the original application, and should have been stated as follows: a. Upper Dawson Well No. 2: Located in the NW ¼, SE ¼, Section 4, Township 7 South, Range 67 West, 6th P.M., 1,349 feet from the South section line, 2,571 feet from the East section line, Douglas County, Colorado. b. Upper Dawson Well No. 3: Located in the NE ¼, SW ¼, Section 9, Township 7 South, Range 67 West, 6th P.M., 2,050 feet from the South section line, 2,150 feet from the West section line, Douglas County, Colorado. 2. Paragraphs 3.A. and 3.C. of the original application, referring to not-nontributary Lower Dawson Wells Nos. 1 and 3, are deleted. Paragraph 3 is further amended by the addition of the following three wells, through which withdrawals of up to 202 af/year of nontributary Lower Dawson water was decreed in Case No. 80CW054: a. Lower Dawson Well DA-1: Located in the NE ¼, NE ¼, Section 8, Township 7 South, Range 67 West, 6th P.M., 50 feet from the North section line, 50 feet from the East section line, Douglas County, Colorado; Pumping Rate: 100 g.p.m. b. Lower Dawson Well DA-2: Located in the NW ¼, NW ¼, Section 4, Township 7 South, Range 67 West, 6th P.M., 1300 feet from the North section line, 1300 feet from the West section line, Douglas County, Colorado; Pumping Rate: 100 g.p.m. c. Lower Dawson Well DA-3: Located in the SW ¼, SW ¼, Section 9, Township 7 South, Range 67 West, 6th P.M., 1,300 feet from the South section line, 1,300 feet from the West section line, Douglas County, Colorado; Pumping Rate: 100 g.p.m. 3. In a separate action, Applicants are seeking water court approval of the following changed points of diversion for three wells previously decreed in Case No. 84CW060. Applicants are adding these new points to this application to use for the injection and recapture operations sought in this case provided authorization for the use of the changed points for withdrawal of previously decreed amounts of Denver aquifer water is separately obtained. a. Denver Well No. 2: Located in the SE ¼, NW ¼, Section 4, Township 7 South, Range 67 West, 6th P.M., 1,330 feet from the North Section Line, 1800 feet from the West Section Line, Douglas County, Colorado. b. Denver Well No. 4: Located in the SW ¼, NE ¼ , Section 5, Township 7 South, Range 67 West, 6th P.M., 2400 feet from the North Section Line, 1700 feet from the East Section Line Douglas County, Colorado. c. Denver Well No. 5: Located in the SE ¼, NW ¼, Section 33, Township 6 South, Range 67 West, 6th P.M., 2,349 feet from the North Section Line, 1,390 feet from the West Section Line Douglas County, Colorado. 4. The legal descriptions for the following Laramie-Fox Hills well was stated incorrectly in the original application, and should have been stated as follows: Laramie-Fox Hills Well No. 1: Located in the NE ¼, NE ¼, NE ¼, Section 8, Township 7 South, Range 67 West, 6th P.M., 120 feet from the North section line, 570 feet from the East section line, Douglas County, Colorado. 5. Well No. T-1, located in the SW ¼, NE ¼, Section 4, Township 7 South, Range 67 West, 6th P.M., 1,455 feet from the North section line, 2,155 feet from the East section line, Douglas County, Colorado, is decreed to withdraw up to 150 g.p.m of water tributary to Cherry Creek rather than nontributary water. 6. Applicants further claim the right to use for aquifer recharge any wells permitted as replacement, supplemental, or additional wells to the Denver Basin wells identified in the application as amended. 7. Applicants clarify that they are not seeking to recharge or store injected water in alluvial or non-Denver Basin aquifers. Water withdrawn from any Denver Basin aquifer well and from any tributary source identified in the application as amended, may be injected and stored in any Denver Basin aquifer for later withdrawal, all in accordance with applicable state and federal regulations pertaining to such injection and aquifer storage. 8. The original application remains unchanged except as modified by the foregoing amendments. (5 pages) 2003CW322 Nicholas Conigliaro and Diana L. Conigliaro, 15101 Picadilly Road, Brighton, CO 80603. (Wendy Rudnik, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978.) Amendment To Application For Determination Of Nontributary And Not Nontributary Underground Water Rights In The Denver, Upper Arapahoe, Lower Arapahoe And Laramie-Fox Hills Aquifers And For Approval Of A Plan For Augmentation IN ADAMS COUNTY. 2. The original Application filed in this case on September 29, 2003, is hereby amended to correct the distances from the section lines in the legal description of the pond being augmented. (The section, township and range in the legal description remain the same.) 3. Name and Description of Structure to be Augmented: Lake Conigliaro, an unlined pond consisting of approximately 0.82 surface acres located approximately 650 feet West of the East Section line and 2,300 feet South of the North Section line of Section 14, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado.

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 person or 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 February 2004 (forms available at Clerk’s Office), and must be filed as Original with triplicate copies and to 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.

SUPREME COURT OF COLORADO

OFFICE OF THE CHIEF JUSTICE

ORDER

IN THE MATTER OF THE APPOINTMENT OF WATER JUDGES

UNDER THE WATER RIGHT DETERMINATION AND ADMINISTRATION ACT OF 1969

Pursuant to Section 37-92-203(2), 10 CRS (2003), the following judges are designated or redesignated as water judges for the water divisions of the state for 2004: Division 1

Roger A. Klein Gilbert Gutierrez*

Division 2

C. Dennis Maes Kirk S. Samelson *

Division 3

O. John Kuenhold Pattie P. Swift *

Division 4

J. Steven Patrick Charles R. Greenacre *

Division 5

Thomas W. Ossola Thomas P. Craven*

Division 6

Michael A. O’Hara Daniel J. Kaup *

Division 7

Gregory G. Lyman David L. Dickinson*

Dated this 2nd day of January, 2004 /s/ Mary J. Mullarkey Chief Justice * Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation.

SUPREME COURT OF COLORADO

OFFICE OF THE CHIEF JUSTICE

ORDER

CONCERNING THE APPOINTMENT OF DESIGNATED GROUND WATER JUDGES

Pursuant to the provisions of Section 37-90-115(1)(b)(V), 10 CRS (2003), the following district judges are appointed as designated ground water judges for the named designated ground water basins for 2004: Designated Ground Water Basin

Judge

Judicial District

Northern High Plains Camp Creek

James R. Leh 13th

Kiowa-Bijou Lost Creek

C. Vincent Phelps, Jr.

17th

Upper Black Squirrel Creek Upper Big Sandy

Larry E. Schwartz 4th

Southern High Plains Stanley A. Brinkley 15th

Upper Crow Creek Roger A. Klein 19th Dated this 2nd day of January, 2004 /s/ Mary J. Mullarkey Chief Justice

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SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308, C.R.S. (2003) directs the State Engineer to establish a notification list for each water division to notify interested parties of requests for approval of: substitute water supply plans (§37-92-308), loans for an instream flow (HB03-1320, §37-83-105), and interruptible water supply agreements (HB03-1334, §37-92-309). To receive this information for 2004, specify whether you prefer to receive the information by first-class mail or electronic mail and send your name, mailing address, e-mail address, daytime telephone number, and water division(s) to: Substitute Water Supply Plan Notification List, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203 or e-mail to: dwr-sspnotice@state.co.us. There is a $12 fee for this information per calendar year, per water division. The fee may be paid by Visa, MasterCard, check or money order payable to the Colorado Division of Water Resources. If paying by credit card, please include the credit card number and expiration date. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us/. Questions may be directed to the Division of Water Resources at (303) 866-3581.