DECEMBER 2008 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of DECEMBER 2008 for each County affected. 08CW261 Alfred Litwak, 3637 County Road 106, Elizabeth, Colorado 80107. Telephone: 303-648-9177. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER UNDERLYING APPLICLANT’S PROPERTY IN ELBERT COUNTY. Applicant is the owner of a parcel of land consisting of 61.1 acres, more or less, in Elbert County, located generally in the NW1/4 SE1/4 E1/2 NE1/4 SW1/4 and a tract of land situated in the NE1/4 SE1/4 of Section 18, Township 9 South, Range 64 West of the 6th P.M. in Elbert County, Colorado (“Applicant’s Property”). This application seeks a ruling and decree adjudicating all the ground water in the Upper Dawson aquifer underlying Applicant’s Property. Applicant adjudicated in 08CW76 the water in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers under Applicant’s Property. Applicant adjudicated in 02CW275 the only well on Applicant’s Property, Permit No. 66264. No augmentation plan is applied for. 08CW262 (01CW172) City of Woodland Park, 220 W. South Ave., P.O. Box 9007, Woodland Park, CO 80866, Attn: Jim Schultz, Utilities Director (Julianne M. Woldridge, MacDougall, Woldridge & Worley, P.C., attorneys for applicant, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905). Application to Make Underground Water Right Absolute or for Findings of Reasonable Diligence, TELLER COUNTY. 2. Name of well and permit number: Tamarac Well #2, Permit # 62666-F. 3. Description of conditional water right: A. Original decree: Case No. 01CW172, Water Court, Division No. 1, Colorado, entered December 9, 2002. B. Legal description of well: SW1/4SW1/4, Sec. 12, T.12S., R.69W., 6th P.M., Teller County, CO, approximately 135 feet from the South section line and 303 feet from the West section line. C. Source: groundwater tributary to Trout Creek, which is tributary to the South Platte River. D. Date of appropriation: December 17, 1998. E. Depth: approximately 300 feet. 4. A. Date water applied to beneficial use: August 31, 2005. B. Amount: 0.15 c.f.s. C. Uses: municipal, irrigation, domestic, commercial and industrial uses within the City’s municipal water service area, generally described as Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 23, 24, 25, and 26, T.12S. R.69W, 6th P.M. and Sections 6, 7, 18, 19, 30, and 31, T.12S. R.68W., 6th P.M., and as such service area may expand in the future. 5. Detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use: The well was equipped for use, and was permitted and placed into use within Applicant’s municipal water service system in August 2005. The well and water right have been used consistently for these purposes. Records of operations for October 18, 2007 through December 31, 2007 demonstrate the rate of diversion of the well was 0.15 c.f.s. 6. Name and address of owner of land where well is located: Tamarac Land Company, Inc., 800 Research Drive, #100, Woodland Park, CO 80863. Applicant, therefore, requests a finding making this water right absolute, or in the alternative, a finding that Applicant has exercised reasonable diligence toward completion of the appropriation and application of the water to a beneficial use and continuing the conditional water right. (3 pages) 08CW263 WOODMOOR WATER AND SANITATION DISTRICT NO. 1, c/o Phillip A. Steininger, District Manager, P.O. Box 1407, Monument, Colorado 80132, (719) 488-2525 (Veronica A. Sperling, Buchanan and Sperling, P.C., 7703 Ralston Road, Arvada, Colorado 80002, (303) 431-9141). APPLICATION FOR DETERMINATION OF RIGHTS TO GROUNDWATER FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES IN THE DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS IN

THE DENVER BASIN, IN EL PASO COUNTY. 2. Legal descriptions of wells and subject property: The wells which will withdraw groundwater from the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located on approximately 446 acres (“Subject Property”) comprised of 11 parcels located within the boundaries of applicant in parts of the N1/2 and the SW1/4 of Section 2, the NW1/4 of Section 11, the N1/2SW1/4 of Section 13 and the E1/2SE1/4 and the NE1/4 of Section 14, all in Township 11 South, Range 67 West of the 6th P.M., and in the W1/2SW1/4 of Section 18 and the NW1/4 of Section 19, all in Township 11 South, Range 66 West of the 6th P.M., all in El Paso County, Colorado. A map depicting the location of the Subject Property is attached to the application as Exhibit 1, and a legal description of the Subject Property is attached to the application as Exhibit 2. Applicant has not determined how many wells it will construct or where on the Subject Property those wells will be located. Applicant seeks a decree which provides that the wells which will withdraw water from the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers may be located anywhere on the Subject Property. In addition, Applicant is the owner of the rights to groundwater in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers determined in Case Nos. 81CW230 and 81CW231, District Court, Water Division No. 2, and Case No. 02CW25, District Court, Water Division No. 1, State of Colorado. The land overlying said groundwater is contiguous with the Subject Property and is shown on Exhibit 1. Applicant requests that all wells constructed on the Subject Property and all wells described in the decrees in said Case Nos. 81CW230, 81CW231 and 02CW25, including additional wells, completed in the same aquifer be allowed to operate as a wellfield. 3. Well permits: Applicant has not applied for well permits for any wells on the Subject Property. Well permits for any well which will withdraw the groundwater that is the subject of this application will be obtained prior to construction of any such well. 4.A. Source: Applicant seeks a determination of its right to the groundwater in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. The groundwater to be withdrawn from the Dawson aquifer, portions of the Denver aquifer and portions of the Arapahoe aquifer is not nontributary. The groundwater to be withdrawn from the Laramie-Fox Hills aquifer, portions of the Denver aquifer and portions of the Arapahoe aquifer is nontributary. Prior to the use of any water which is decreed as not nontributary groundwater, applicant will obtain judicial approval of a plan for augmentation in accordance with § 37-90-137(9)(c), C.R.S. B. Depth: Each well will be completed to the bottom of the aquifer into which it is drilled; the actual depth of each well will be determined by actual aquifer conditions. 5. Estimated average annual amounts claimed and estimated production rate: Applicant claims the right to appropriate and withdraw all of the groundwater which is legally available from the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. The actual pumping rates will vary based on aquifer conditions and well production capabilities. Applicant requests the right to withdraw groundwater at rates of flow necessary to withdraw the entire decreed amounts. Applicant estimates that the total amounts of groundwater and the average annual amounts of groundwater available for withdrawal from the subject aquifers underlying the Subject Property are as follows: Dawson Aquifer - Not nontributary, Total: 20,930 acre-feet, Average Annual Amount Available: 209.3 acre-feet per year; Denver Aquifer - Not nontributary, Total: 14,830 acre-feet, Average Annual Amount Available: 148.3 acre-feet per year; Denver Aquifer - Nontributary, Total: 8,230 acre-feet, Average Annual Amount Available: 82.3 acre-feet per year; Arapahoe Aquifer - Not nontributary, Total: 2,710 acre-feet, Average Annual Amount Available: 27.1 acre-feet per year; Arapahoe Aquifer - Nontributary, Total: 25,320 acre-feet; Average Annual Amount Available: 253.2 acre-feet per year; Laramie-Fox Hills Aquifer - Nontributary, Total: 13,380 acre-feet; Average Annual Amount Available: 133.8 acre-feet per year. The above amounts have been adjusted to account for the presence of three wells in the Dawson and Denver aquifers that come within the provisions of § 37-90-137(5), C.R.S. Applicant has estimated the amount of groundwater available for withdrawal from the aquifers based on the best current information available to it of the specific yield and saturated thickness

of each aquifer. If different aquifer characteristics are shown to exist as more site specific data is obtained, the total amount of groundwater determined to be available may increase or decrease. Accordingly, applicant reserves the right to revise these estimates on the basis of such new data without the necessity of amending or republishing this application. 6. If well is nontributary: A. Names of aquifers: See paragraph 4 above. B. Amounts claimed in acre-feet annually: See paragraph 5 above. 7. Proposed use: The groundwater in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers that is the subject of this application will be used, reused, successively used and otherwise disposed of for all existing and future beneficial uses, including municipal, domestic, industrial, commercial, fire protection, irrigation, stockwatering, recreation, fish and wildlife preservation and propagation and all other beneficial uses both within and outside of applicant’s service area. Said water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions, for relinquishment pursuant to § 37-90-137(9)(b), C.R.S., and for all other augmentation purposes including taking credit for all return flows resulting from the use of said water as augmentation for or as an offset against any out-of-priority depletions. Applicant claims the rights set forth in this paragraph for itself, its successors, assigns, lessees and contractors pursuant to §§ 37-82-101 and 37-82-106(2), C.R.S. 8. Remarks: A. The annual withdrawal of the amount of groundwater applied for herein underlying the Subject Property, subject to the terms and conditions proposed herein, will not result in material injury to any vested or decreed conditional water right. The wells completed into the Laramie-Fox Hills aquifer and into the portions of the Denver and Arapahoe aquifers delineated nontributary will not, within 100 years, deplete the flow of the natural stream, including a natural stream as defined in §§ 37-82-101(2) and 37-92-102(1)(b), C.R.S., at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. Depletions caused by wells completed into the Dawson aquifer and into the portions of the Denver and Arapahoe aquifers delineated not nontributary will be augmented in accordance with § 37-90-137(9)(c), C.R.S. B. Applicant is the owner of the groundwater contained in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property pursuant to deeds obtained from the owners of the Subject Property as part of the inclusion of the Subject Property within the District. C. In addition to the wells described in paragraph 2 above, applicant may need to construct additional wells to recover the entire amount of water available from said aquifers. Applicant requests the right to construct such additional wells on the Subject Property and on the land overlying the groundwater decreed to applicant or applicant’s predecessor in Case Nos. 81CW230, 81CW231 and 02CW25 as are necessary in order to maintain production of the amounts of water to which applicant is entitled. D. Applicant requests the right to withdraw from any combination of wells completed in the same aquifer, including additional wells, an amount of groundwater in excess of the amount decreed to applicant for average annual withdrawal from that aquifer, so long as the sum of the total withdrawals from said wells does not exceed the product of the number of years since the date of issuance of the original well permits or the date of entry of the original decree, whichever occurs first, and the average annual amount which applicant is entitled to withdraw from that aquifer. E. Well permits and action by the State Engineer: (1) Applicant requests the Court to order that the standards of § 37-90-137(4), C.R.S., be applied to any permits for additional wells as if the applications for those well permits were filed on the dates that the original applications were filed, in accordance with the provisions of § 37-90-137(10), C.R.S.; (2) Applicant requests the Court to order that a failure to construct any well described herein within the period of time specified in any well permit therefor not be deemed to extinguish the underlying right to water. F. Prior to entry of the decree herein, applicant will supplement this application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of this application in Water Court, a determination of facts concerning the groundwater underlying the Subject Property. G. Applicant requests that the Court retain jurisdiction to provide for the adjustment of the amounts of groundwater which are available for withdrawal by applicant from

the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property based on actual local aquifer characteristics, and to authorize applicant to invoke the Court’s retained jurisdiction at any time after such data becomes available. H. A similar application for determination of rights to groundwater from the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property has been filed in Water Division No. 2 in Case No. 2007CW104. This application is being filed in Water Division No. 1 because some of the Subject Property is or may be located within Water Division No. 1. Applicant intends to seek consolidation of this application with the application in Case No. 2007CW104 under C.R.C.P. 42.1, Consolidated Multidistrict Litigation. 08CW264 BRUCE BACHUS, 1256 Fletcher Dr., Erie, CO 80516. Telephone: (303) 939-4000. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Structure: Gizmo Well. Date of original decree: September 26, 2002 in case no. 96CW494 in Water Division 1. Legal description: NW1/4, SW1/4, S34, T9S, R75W of the 6th PM at a distance 1615 feet from South and 885 feet from West. Street address: 1844 Warrior Cir. Subdivision: Indian Mountain, Lot 101, Filing 18. Source: Groundwater. Appropriation date: May 31, 1973. Amount 1 gpm. Use: Ordinary household purposes inside one single family dwelling. Depth: 575 ft. Well is complete with pump installed. Date water applied to beneficial use: 06-28-04. Amount: 1 gpm. Use: Ordinary household purposes inside one single family dwelling at 1844 Warrior Cir., Como, CO. 08CW265 Salvatore and Barbara J. D’Alessandro, 1980 County Road 150, Elizabeth, Colorado 80107. Telephone: 303-646-4910. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES FROM THE DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS IN ELBERT COUNTY. Applicant is the owner of a parcel of land consisting of 39.32 acres, more or less, in Elbert County, located in the NE1/4 NE1/4 of Section 35, Township 7 South, Range 65 West of the 6th P.M. in Elbert County, Colorado (“Applicant’s Property”). This application seeks a ruling and decree adjudicating all the ground water in the Denver Basin aquifers underlying Applicant’s Property. Applicant also seeks to adjudicate the only well on Applicant’s Property, Permit No. 106954. No plan for augmentation is sought. 08CW266 CASE NUMBER ASSIGNED REGARDING ORDER RE-NUMBERING CONSOLIDATED CASES 98CW439, 99CW12, 07CW324, 07CW327 AND 08CW145. 08CW267 JOHN AND MICHELLE JENNINGS, 1751 Wekiva Drive, Melbourne, Fl 32940. Telephone: (321) 505-9510. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Jennings Well. Date of original decree: October 11, 2002 in case no. 96CW859 in Water Division One. Legal description: SE1/4, SE1/4, S10, T9S, R75W of the 6th PM at a distance 200 feet from South and 400 feet from East. Street Address: 1457 Lipzana Road. Subdivision: Indian Mountain, Lot 328, Filing 26. Source: Groundwater. Appropriation date: May 31, 1973. Amount: .033 cfs (15gpm), Conditional. Use: Household use only in a single family dwelling not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located. 08CW268, Park County Board of County Commissioners, PO Box 147, Fairplay, CO 80040; Upper South Platte Water Conservancy District, P.O. Box 612, Fairplay, CO 80440; Center of Colorado Water Conservancy District, 177 Range View Drive, Bailey, CO 80421-2140. (Serve all pleadings on: Jeffrey J. Kahn, Esq., Madoline Wallace-Gross, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978 and James W. Culichia, Esq,

Felt, Monson & Culichia, L.L.C., 319 North Weber Street, Colorado Springs, CO 80903-1228.) APPLICATION FOR WATER RIGHTS INCLUDING EXCHANGES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION IN PARK COUNTY. 2. Background: Park County owns and operates the Ansley Flat Gravel Pit, which intermittently exposes ground water to the atmosphere. Park County also diverts ground water from the Ansley Flat Gravel Pit using a submersible pump and diverts surface water for dust suppression at several locations within Park County using submersible pumps to fill tanker trucks. The evaporation from the Ansley Flat Gravel Pit and Park County’s appropriations of water cause depletions to the South Platte River and its tributaries. When the depletions are out-of-priority Applicants seek to replace the depletions by an augmentation plan and exchanges described herein. A map showing the points of diversion identified in this Application is attached hereto as Figure 1. Applicants seek a decree confirming the appropriation of the water rights described below and approval of the plan for augmentation described below. I. APPLICATION FOR WATER RIGHTS 3. Names and location of structures for which water rights are sought: a) Ansley Flat Gravel Pit – The pit is located in the SW1/4 of the SW1/4, Section 11, Township 10 South, Range 77 West of the 6th P.M. in Park County, Colorado, 1000 ft from South Section line and 670 ft from West Section line. The operation of the pit is subject to Well Permit No. 67112-F and the Substitute Water Supply Plan dated June 25, 2007. Evaporative depletions from the pit deplete the Middle Fork of the South Platte River. A submersible pump diverts water from the pit. b) Hi Meadow CR 72 Pump – A submersible pump diverts water from Deer Creek, tributary to the North Fork of the South Platte River in the SE1/4 of the NE1/4 of Section 23, Township 7 South, Range 72 West of the 6th P.M. in Park County, Colorado, approximately 2562 ft from North Section line and 920 ft from East Section line. c) KZ Ranch- Rock Rd Pump – A submersible pump diverts water from Deer Creek, tributary to the North Fork of the South Platte River in the NW1/4 of the SE1/4 of Section 26, Township 6 South, Range 73 West of the 6th P.M. in Park County, Colorado, approximately 1440 ft from South Section line and 1442 ft from East Section line. d) CR 90A Pump – A submersible pump diverts water from the South Platte River in the SE1/4 of the SE1/4 of Section 19, Township 12 South, Range 71 West of the 6th P.M. in Park County, Colorado, approximately 350 ft from South Section line and 25 ft from East Section line. e) Middle Fork CR 59 Pump – A submersible pump diverts water from the Middle Fork of the South Platte River in the NE1/4 of the SE1/4 of Section 10, Township 12 South, Range 75 West of the 6th P.M. in Park County, Colorado, approximately 1690 ft from South Section line and 125 ft from East Section line. f) Tarryall Creek CR 33 Pump – A submersible pump diverts water from Tarryall Creek, tributary to the mainstem of the South Platte River in the NE1/4 of the SW1/4 of Section 20, Township 8 South, Range 76 West of the 6th P.M. in Park County, Colorado, approximately 2200 ft from South Section line and 2515 ft from West Section line. g) Sacramento Creek CR 14 Pump – A submersible pump diverts water from Sacramento Creek, tributary to the Middle Fork of the South Platte River in the NW1/4 of the SW1/4 of Section 29, Township 9 South, Range 77 West of the 6th P.M. in Park County, Colorado, approximately 1625 ft from South Section line and 905 ft from West Section line. 4. a) Date of Initiation of Appropriation: December 11, 2008. b) How Appropriation was Initiated: Adopting of resolutions evidencing Applicants’ intent to appropriate such water rights and the filing of this Application. c) Date Water Applied to Beneficial Use of Water: N.A. 5. Rate of diversion: The maximum rate of diversion for the structures identified in paragraph 3 is 300 g.p.m., conditional. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING ADJUDICATION OF EXCHANGES 6. Water rights to be used for augmentation: a) Consumptive Use Credits from Randall and Sessions Ditches: 5.0 acre-feet of consumptive use credits per year associated with the dry-up of historically irrigated acreage under the Randall and the Sessions Ditches as quantified and changed in Case No. 05CW111, District Court, Water Division No. 1 (“Randall/Sessions Water Rights”). i) Randall Ditch: (1) Decree information: The Randall Ditch water rights were decreed for irrigation purposes as

Priority Nos. 91 and 133 in Water District 23 by a decree in Civil Action No. 341, District Court, Park County dated October 18, 1889, as amended by a decree of the same court dated July 30, 1896. The Randall Ditch water rights were quantified and changed by a decree in Case No. 05CW111, District Court, Water Division No. 1 dated April 18, 2007. (2) Decreed point of diversion: On Michigan Creek in the SE1/4 of the SE1/4 of Section 13, Township 8 South, Range 76 West, of the 6th P.M., Park County, Colorado. (3) Source: Michigan Creek, tributary to the South Platte River. (4) Appropriation dates and amounts: (a) Priority No. 91: May 1, 1878 11.75 c.f.s. (b) Priority No. 133: April 1, 1881 11.75 c.f.s. ii) Sessions Ditch: (1) Decree information: The Sessions Ditch water right was decreed for irrigation purposes as Priority No. 127 in Water District 23 by a decree in Civil Action No. 341, District Court, Park County dated October 18, 1889, as amended by a decree of the same court dated July 30, 1896. A portion of the Session Ditch water rights were quantified and changed by a decree in Case No. 05CW111, District Court, Water Division No. 1 dated April 18, 2007. (2) Decreed point of diversion: On Michigan Creek at a point 15 rods below where the Denver and South Park Rail Road crosses said creek in Park County, Colorado. The headgate is located on Michigan Creek in the NW1/4 of the SE1/4 of Section 13, Township 8 South, Range 76 West, 6th P.M., Park County, Colorado. (3) Source: Michigan Creek, tributary to the South Platte River. (4) Appropriation dates and amounts: (a) Priority No. 127: July 31, 1880 1.15 c.f.s. of 3.5 c.f.s. iii) Decreed Changes of the Randall and Sessions Ditches: The historical consumptive use associated with the Randall Ditch and CCWD’s portion of the Sessions Ditch was changed and quantified by CCWCD in Case No. 05CW111. The change included a change to augmentation use storage in various reservoirs and changes in point of diversion as set forth in the decree. Applicants do not seek any change of the Randall and Sessions Water Rights. Applicants use of Randall/Sessions Water Rights will be in compliance with the terms and conditions contained in Case No. 05CW111, District Court, Water Division No. 1. b) Water Stored by the Districts in Spinney Mountain Reservoir. Water stored by Applicants in 50 acre-feet of storage space in Spinney Mountain Reservoir. The 50 acre feet of storage space has been assigned to the USPWC by the City of Aurora. C) Consumptive Use Credits From the Parmalee No. 2 and 3 and Flume Ditches. Applicants, CCWCD and USPWC, are currently adjudicating a change of the Parmalee No. 2 and 3 Ditch and Flume Ditch water rights (“Parmalee/Flume Water Rights”) in Case No. 06CW270, District Court, Water Division No. 1. i) Parmalee No. 2 and 3 Ditch. (1) Decree information: The Parmalee Ditch No. 2 and Parmalee Ditch No. 3 water rights were decreed for irrigation purposes by a decree in Civil Action No. 1678, District Court, Park County dated May 22, 1913. In Case No. 03CW231, District Court, Water Division No. 1, entered on June 28, 2006, 0.63 c.f.s. of the Parmalee Ditch No. 2 and 0.58 c.f.s. of the Parmalee Ditch No. 3 were transferred to the Parmalee No. 2 and 3 Ditch. In addition, the decree in 03CW231 quantified the historic consumptive use of the Parmalee No. 2 and 3 Ditch and adjudicated it for augmentation purposes. Applicants own 0.194 c.f.s. of the Parmalee No. 2 and 3 Ditch decreed as fully consumable water in Case No. 03CW231. (2) Decreed points of diversion: (a) The headgate of the Parmalee Ditch No. 2 was decreed on Deer Creek in Section 5, Township 7 South, Range 72 West of the 6th P.M., at a point whence the S1/4 corner of Section 32, Township 6 South, Range 72 West bears North 9º4' West 2,613 feet. (b) The headgate of the Parmalee Ditch No. 3 was decreed on Deer Creek in Section 5, Township 7 South, Range 72 West, at a point whence the S1/4 corner of Section 32, Township 6 South, Range 72 West bears North 14º55' West 2,700 feet. (c) The Parmalee No. 2 and 3 Ditch headgate is the same decreed structure as the Parmalee Ditch No. 2 described in paragraph 4.d.i.2.a. (3) Source: Deer Creek, tributary to the North Fork of the South Platte River. (4) Appropriation dates and amounts: (a) Parmalee No. 2 Ditch: May 1, 1867 1.46 c.f.s. (b) Parmalee No. 3 Ditch: May 1, 1867 0.58 cfs ii) Flume Ditch. (1) Decree information: The Flume Ditch water right was decreed for irrigation purposes by a decree in Civil Action No. 1678, District Court, Park County dated May 22, 1913. In Case No. 03CW231, District Court, Water Division No. 1, entered on June 28, 2006, 0.29 c.f.s. of the Flume Ditch was decreed consumable for

augmentation purposes and 0.19 c.f.s. was decreed abandoned. USPWC and CCWCD own 0.152 c.f.s. of the 0.29 c.f.s. decreed consumable. (2) Decreed point of diversion: The headgate of the Flume Ditch was decreed on Deer Creek in the SE Corner of Section 4, Township 7 South, Range 72 West of the 6th P.M., at a point whence the SE Corner of Section 4, Township 7 South, Range 72 West bears South 89º30' East 4,791 feet. (3) Source: Deer Creek, tributary to the North Fork of the South Platte River. (4) Appropriation dates and amounts: May 1, 1867 4.41 cfs iii) Changes Requested in Case No. 06CW270. In Case No. in Case No. 06CW270, pending, CCWCD and USPWC seek to change the Parmalee No. 2 and 3 Ditch and Flume Ditch. (1) Requested change in type of use: To add municipal, domestic, irrigation, industrial, augmentation, replacement, exchange, recharge, and recreation as authorized uses. They also seek the right to store water prior to, or as part of, the beneficial use of the water. (2) Requested change in place of use: To allow use of water anywhere within CCWCD’s and USPWC’s service area as it now exists, which includes Park County. (3) Requested alternate points of diversion and storage: (a) Chatfield Reservoir. The reservoir formed by Chatfield Dam, an existing structure located on the mainstem of the South Platte River. The right abutment is located in Douglas County, Colorado, in Sections 6 and 7, Township 6 South, Range 68 West of the 6th P.M.; the left abutment is located in Jefferson County, Colorado, in Section 1, Township 6 South, Range 69 West of the 6th P.M. (b) Spinney Mountain Reservoir. Spinney Mountain Reservoir is located in the S1/2 of Section 25, Township 12 South, Range 74 West of the 6th P.M., Park County, Colorado; the left abutment of said dam is located at a point whence the southwest corner of Section 36, Township 12 South, Range 74 West of the 6th P.M., bears South 23o26' West 8314.3 feet, Park County, Colorado. (c) The Smelter Pipeline Reservoir. The Smelter Pipeline Reservoir is located in the NE1/4 of Section 13, Township 9 South, Range 78 West of the 6th P.M., Park County, Colorado. (d) The London Mining and Smelter Ditch. The London Mining and Smelter Ditch is located on the left bank of Mosquito Creek at a point whence the E1/4 corner of Section 13, Township 9 South, Range 78 West of the 6th P.M., Park County, Colorado, bears South 58o30' East 1892 feet. (e) Lake Ditch and Silver Tip Lodge Reservoirs. The headgate of the Lake Ditch is situated at a point on the northeast bank of the North Fork of the South Platte River whence the Southwest corner of Section 7, Township 7 South, Range 73 West bears north twenty-one minutes east 851 feet. Water diverted through the Lake Ditch will be stored in 5 reservoirs known herein as Silver Tip Lodge Reservoirs No. 1 – 5, which are located in the NW1/4 of Section 18, Township 7 South, Range 73 West, 6th P.M., Park County, Colorado. (4) Remarks: Applicants do not seek to further change the Parmalee/Flume Water Rights. 7. Statement of plan for augmentation, including exchanges. Applicants seek to replace out-of-priority depletions to the South Platte River and its tributaries resulting from evaporation from the Ansley Flats Gravel Pit, diversions of ground water at the pit for dust suppression and diversions of surface water at various locations within Park County for dust suppression. a) Depletions: Applicants estimate that this plan will cover the following out-of-priority depletions: a maximum of 1.45 acre feet of evaporative loss from a maximum of approximately 0.8 acres of exposed ground water at the Ansley Flats Gravel Pit; 0.5 acre-feet of diversions at the pit for dust suppression; and 3.71 acre-feet of diversions at various locations within Park County for dust suppression and road construction. The maximum depletions are approximately 5.66 acre-feet annually. Applicants assume that diversions of ground water and surface water are 100 percent depletive to the affected stream systems. b) Replacements: Applicants propose to use the water rights described in paragraph paragraphs 6.a. to 6.c. to replace instantaneous and lagged out-of-priority depletions by: i) Causing the water rights to be released from one or more of the reservoirs listed in paragraph 6.c.iii.3.; ii) Bypassing the Randall/Sessions Water Rights at the Randall and Sessions Ditches headgates; iii) Bypassing the Parmalee/Flume Water Rights at the Parmalee No. 2 and 3 and Flume Ditches headgates; and/or iv) Exchanging the Randall/Sessions Water Rights and/or the Parmalee/Flume Water Rights using any or all of the reservoirs listed in paragraph 6.c.iii.3. c) Conditional exchanges: Applicants seeks a decree confirming and

approving the following appropriative rights of exchange. At times when the exchanges are legally and physically available, Applicants will exchange the water rights described in paragraphs 6.a. to 6.c. from the points of diversion or from one or more of the reservoirs listed in paragraph 6.c.iii.3. to the point of depletion on each stream system. i) Exchange Reaches: Stream Upstream Terminus Downstream Terminus Middle Fork South Platte River

Confluence of Middle Fork South Platte River and Sacramento Creek in the SE 1/4 of SE 1/4 of §29, T9S, R77 West.

Confluence of South Platte River Mainstem with North Fork of South Platte River in the SW 1/4 of SE 1/4, §25, T7S, R70 West.

North Fork South Platte River

Confluence of North Fork of South Platte River and Deer Creek in the NE 1/4 of NE 1/4 of §36, T7S, R72 West.

Confluence of South Platte River Mainstem with North Fork of South Platte River in the SW 1/4 of SE 1/4, §25, T7S, R70 West.

Tarryall Creek The point of diversion described in paragraph 3.f. above.

Confluence of Tarryall Creek and South Platte River in the NE 1/4 of NW 1/4 of §16, T11S, R71 West.

Sacramento Creek

Point of diversion as described in paragraph 3.g. above.

Confluence of Middle Fork South Platte River and Sacramento Creek in the SE 1/4 of SW 1/4 of §29, T9S, R77 West.

Deer Creek Point of diversion described in paragraph 3.c. above.

Confluence of North Fork of South Platte River and Deer Creek in the NE 1/4 of NE 1/4 of §36, T7S, R72 West.

ii) Rate of Exchange: All exchanges to be operated at a maximum rate of 300 g.p.m., conditional. iii) Appropriation date for all exchanges: December 11, 2008. iv) How appropriation was initiated: Adopting of resolutions evidencing Applicants’ intent to appropriate such exchanges and the filing of this Application. v) Date water applied to beneficial use: N.A. 8. Names and addresses of owners of the land upon which any structure is located: Ansley Flat is owned by Applicant, Park County. All other points of diversion are located within the County Road rights-of-way owned by Applicant, Park County. 08CW269 NICOLE TROUSDALE, 2546 Valley Park Blvd., Larkspur, CO 80118. Wayne F. Forman, Esq., and Bret A. Fox, Esq., Brownstein Hyatt Farber Schreck, P.C., 410 17th Street, Suite 2200, Denver, Colorado 80202. APPLICATION FOR UNDERGROUND NOT NONTRIBUTARY AND NONTRIBUTARY WATER RIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION, in DOUGLAS COUNTY. 1. Description of Aquifers, Overlying Land, and Well Location. The Applicant seeks a determination of her right to withdraw ground water from the Upper Dawson, Denver, Upper Arapahoe, and Laramie-Fox Hills aquifers underlying approximately 5 acres of land recorded as Lot 13, Block No. 4, Filing No. 1, Valley Park subdivision, and located in the Northeast quarter of the Northwest quarter of Section 7, Township 10 South, Range 67 West, 6th P.M., in Douglas County, Colorado (the "Subject Property"). Applicant seeks the right to locate wells to withdraw ground water from these aquifers anywhere on the Subject Property, subject to the 600-foot spacing requirement with respect to wells constructed on adjoining lands. See Rule 11(C), Statewide Nontributary Ground Water Rules, 2 C.C.R. 402-7. 2. Source, Augmentation Requirements, and Depth of Well. The water underlying the Subject Property in the Upper Dawson aquifer is "not nontributary water" and subject to the provisions of C.R.S. § 37-90-137(9)(c) (2005). The water in the Denver, Upper Arapahoe, and Laramie-Fox Hills aquifers is "nontributary ground water" as defined in C.R.S. § 37-90-103(10.5). Any new well or replacement well will be completed to the bottom of the aquifer into which it is drilled. 3. Date of Appropriation, How Appropriation Was Initiated, and Date Water Was Applied to Beneficial Use. The rights sought to be decreed in this case are not

governed by the prior appropriation doctrine. Applicant requests the Court to decree that the rights adjudicated in this case are vested property rights, notwithstanding the fact that the nontributary ground water sought to be decreed has not yet been diverted and applied to beneficial use. 4. Amount Claimed. Applicant claims the right to withdraw all of the ground water legally available within the Upper Dawson, Denver, Upper Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property, over the statutorily-established 100-year life of the aquifers as set forth in C.R.S. § 37-90-137(4) and to withdraw said amounts at whatever rate is required in order to produce water in the amounts and rates of flow needed. Applicant requests that a nominal production rate of 15 g.p.m. be established for each new well drilled into the Upper Dawson aquifer, 30 g.p.m. be established for each new well drilled into the Denver aquifer, 30 g.p.m. be established for each new well drilled into the Upper Arapahoe aquifer, and 30 g.p.m. be established for each new well drilled into the Laramie-Fox Hills aquifer. The actual production rates may exceed these amounts in order to produce the total annual amount of ground water. The estimated average amount of water that may be withdrawn from each aquifer was estimated based upon the Denver Basin Rules, 2 C.C.R. 402-6. The legal status of the water, average specific yield, average saturated thickness, and estimated annual amount of withdrawal for each aquifer is: Upper Dawson, not nontributary, 20%, 181 feet, 1.81 acre-feet; Denver, nontributary, 17%, 182.1 feet, 1.55 acre-feet; Upper Arapahoe, 17%, 172.7 feet, 1.47 acre-feet; Laramie-Fox Hills, 15%, 155.5 feet, 1.17 acre-feet. In total and on average, an estimated 1.81 acre-feet of not nontributary water and 4.19 acre-feet of nontributary water may be withdrawn annually. Applicant requests the Court to determine that the allowed annual amount of withdrawals may exceed the average annual amount of withdrawal of water as long as the total volume of water withdrawn from the wells does not exceed the product of the number of years since the date or dates of issuance of any well permit or the date of the decree entered in this case, whichever comes first, times the allowed average annual amount of withdrawal, as provided for by Rule 8(A), 2 C.C.R. 402-7. The water judge shall retain jurisdiction over this matter to provide for the adjustment of the annual amount of withdrawal allowed to conform to actual local aquifer characteristics (upward or downward) from adequate information obtained from well drilling or test holes. See C.R.S. § 37-92-305(11). 5. Proposed Use. The ground water in the Upper Dawson, Denver, Upper Arapahoe, and Laramie-Fox Hills aquifers that is the subject of this Application will be used, re-used, successively used and otherwise disposed of for municipal, domestic, industrial, commercial, fire protection, irrigation, stock watering, recreation, fish and wildlife preservation and propagation, augmentation, replacement, exchange and all other beneficial uses either on or off the Subject Property. Said water will be produced for immediate application to beneficial use, for storage and subsequent application and beneficial use, for exchange purposes, for replacement of depletions and all other augmentation purposes including taking credit for all return flows resulting from the use of said water. Applicant claims the right to use, re-use to extinction and/or to take return flow credit for all of the subject ground water, subject to the provisions of Rule 8, 2 C.C.R. 402-6 (requiring a 2 percent relinquishment of consumption of water from the nontributary Denver, Upper Arapahoe and Laramie-Fox Hills aquifers). 6. Owners of Overlying Land. The owner of the approximately 5-acre Subject Property, together with the underlying Denver Basin ground water that is the subject of this Application, is the Applicant Nicole Trousdale, an individual. 7. Wells. Applicant is the owner of and presently operates an exempt well on the Property, which is completed into the not nontributary Upper Dawson aquifer and is authorized for household purposes only, pursuant to the terms of Well Permit No. 77977 (the "Subject Well"). Additional wells that will withdraw the ground water sought to be decreed by this Application have not yet been constructed, nor have applications for well permits been filed. Prior to constructing any wells to withdraw the subject ground water, Applicant will apply to the State Engineer for a permit to construct those wells, and the Applicant requests that the Court require, as a condition of the decree entered in this case, that well permits be issued upon application for any such wells in accordance with said decree. 8.

Well Field. Applicant requests that the Court determine that the Applicant has the right to withdraw all of the legally available ground water underlying the Subject Property through the Subject Well and wells to be constructed on the Property, or from contiguous or nearby properties as authorized by the State Engineer, and that any wells constructed in the same aquifer may be utilized as a well field as authorized by Rule 14, 2 C.C.R. 402-7, with respect to any wells drilled within the same aquifer as described herein. PLAN FOR AUGMENTATION. 9. Structure to be Augmented. The Subject Well is completed into the not nontributary Upper Dawson aquifer underlying the Subject Property. The application for the Subject Well was approved on February 3, 1975 for a total depth of 200 feet and a maximum pumping rate of 15 g.p.m., allowing an average of 1.0 acre foot of ground water to be appropriated and withdrawn annually for household use in combination with a septic tank and leach field. This Application seeks judicial approval of a plan for augmentation for the withdrawal of not nontributary water at the rate of withdrawal and in the amounts authorized by the terms of Well Permit No. 77977, but for the uses set forth above in this Application. 10. Water Rights to be Used for Augmentation. Depletions from the withdrawal of water from the not nontributary Upper Dawson aquifer by use of the Subject Well shall be augmented from four sources: (a) return flows from the use of the not nontributary Upper Dawson water, and ground water rights underlying the Property in the (b) Denver, (c) Upper Arapahoe, and (d) Laramie-Fox Hills aquifers in the amounts sought to be decreed by this Application. 11. Statement of Augmentation Plan. A. Estimated Diversions. Applicant plans to use the Subject Well to supply domestic water to a single-family residence located on the Subject Property, to provide stock watering for horses kept on the Subject Property, and to irrigate up to 0.5 acres of the Subject Property. Applicant may withdraw 1.81 acre-feet per year from the not nontributary Upper Dawson aquifer. Applicant anticipates that the use of that amount of ground water withdrawn using the Subject Well will be apportioned as follows: 0.8 acre-feet for indoor domestic use associated with single-family residences, 0.5 acre-feet for stock watering use associated with the year-around housing of up to five (5) mature horses, and 0.5 acre-feet for irrigation of the Property. B. Consumptive Use/Return Flows. When the Upper Dawson water is applied to the Subject Property for in-house uses, 10% is estimated to be consumed, with 90% constituting return flows from the septic and leach field associated with Subject Property. Accordingly, of the 0.8 acre-feet per year attributed to in-house uses, 0.08 acre-feet per year is estimated to be consumed and 0.72 acre-feet per year is estimated to accrue as return flows. In addition, when the Upper Dawson water is applied to the Subject Property for irrigation use, 85% is estimated to be consumed, with 15% constituting return flows. Accordingly, of the 0.5 acre-feet per year of Upper Dawson water attributed to outside irrigation uses, 0.425 acre-feet per year is estimated to be consumed and 0.075 acre-feet per year is estimated to accrue as return flows. The additional 0.5 acre-feet per year appropriation will be used for livestock watering and other uses which will consumptively use 100% of the Upper Dawson water with no accrued return flows. C. Replacement of Depletions During Pumping. During pumping of the Upper Dawson water, Applicant will replace annual depletions to the affected streams pursuant to C.R.S. § 37-90-137(9). Using the state's AUG3 model, depletions will occur to the Plum Creek basin. Return flows will accrue to the same basin. The state's AUG3 model indicates that the rate of depletion for all streams will reach a maximum of 0.324 acre-feet per year at the 100th year of pumping. During pumping, the annual return flow from the Dawson Water will be 0.8 acre-feet annually, which is well in excess of the maximum annual 0.324 acre-foot basin depletion during the 100 years of pumping. On a cumulative basis over the 100-year pumping period, the total return flows will equal 80 acre-feet. D. Replacement of Post-Pumping Depletions. After cessation of pumping, the maximum depletions for all streams reach 0.325 acre-feet per year at 105 years, with total post-pumping depletions from year 101 to year 400 totaling 54.875 acre-feet. Post-pumping depletions will be augmented by Applicant's reservation of 116.625 acre-feet of nontributary Laramie-Fox Hills aquifer ground water, 54.875 acre-feet of which is dedicated to this plan for augmentation. E. Other. Applicant will install

measuring devices and will devise accounting forms to record all diversions, depletions, and replacements made pursuant to this plan for augmentation. Actual demands and depletions will be based upon data included in accounting forms prepared by the Applicant for the administration of this plan. 12. No Injury. This plan for augmentation will not result in injury to any vested water right or decreed conditional water right. 13. Owner of Overlying Land. The owner of the approximately 5-acre Property, together with the underlying Denver Basin ground water which is the subject of this Application, is the Applicant Nicole Trousdale, an individual. WHEREFORE, the Applicant respectfully requests the Court to enter a decree approving the Application and granting the claimed water rights and approving the plan for augmentation, and specifically determining that: 1(a) The Applicant is lawfully entitled to a decreed right to withdraw ground water in the amounts requested in this Application; (b) the subject rights shall not be administered in accordance with the doctrine of prior appropriation; and (c) vested water rights of others will not be materially injured by such withdrawals. 2. The Applicant need not publish a new application or republish this Application in order to invoke the Court's retained jurisdiction to adjust the volumes of ground water decreed in this case based on site-specific data. 3. The Applicant may bank the ground water decreed herein in accordance with Rule 8(A), 2 C.C.R. 402-7. 4. The Applicant has the right to construct additional, supplemental, or replacement wells as are necessary in order to maintain production levels in each formation without publishing additional notice or filing any additional pleading with the Court. 5. The Applicant also requests that the Court direct the State Engineer to grant well permits for the exercise of the subject rights upon application by the Applicant and for any additional, supplemental or replacement wells required in order to maintain production levels in each formation. 6. The Applicant is entitled to approval of the plan for augmentation set forth in this Application pursuant to C.R.S. § 37-90-137(9)(c)(I) and a determination that no vested or conditionally decreed water rights of others will be materially injured by such plan for augmentation pursuant to C.R.S. § 37-92-305. 7. The Applicant need not publish a new application or republish this Application in order to invoke the Court's retained jurisdiction to adjust the plan for augmentation based on actual uses of the subject rights in the future. 08CW270, APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF PETE C. KUYPER, TELLER COUNTY, WATER DIVISION NO. 1, STATE OF COLORADO. 1. Name, address and telephone number of applicant: Pete C. Kuyper, P.O. Box 729, Divide, CO 80814, (719) 687-6011, c/o Michael F. Browning Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structures: Divide Reservoir No. 1. 3. Description of conditional water right: (a) Decree: Decreed by the District Court in and for Water Division No. 1 in Case No. 85CW453 on October 5, 1988. Previous diligence decrees were entered in Case No. 94CW181 on October 12, 1995, and Case No. 01CW173 on December 11, 2002. (b) Decreed location: Divide Reservoir No. 1 is an off-stream reservoir located in the SE1/4NW1/4 of Section 7, T. 13 S., R. 69 W., 6th P.M. The center point of the dam is at a point approximately 1,350 feet south of the north section line and 2,100 feet east of the west section line of said Section 7. (c) Source: The source of water for Divide Reservoir No. 1 is surface and groundwater tributary to Rule Creek, a tributary of Trout Creek, a tributary of Horse Creek, a tributary of the South Platte River. These waters include runoff from surrounding property, water diverted from wells to be located in parts of Sections 6 and 7, T13S, R69W, 6th P.M., and delivered to the Reservoir by means of pipes or surface ditches, and water diverted from Rule Creek; provided, however, that wells can be used to fill the Reservoir only if the prior written consent is obtained from the State or Division Engineers. (d) Appropriation date: December 30, 1985. (e) Amount: 50 acre feet, with the right to refill continuously whenever in priority. (f) Use: Irrigation, municipal, fire protection, commercial, industrial, domestic, recreational, fish propagation, aesthetic uses and augmentation purposes. 4. Detailed outline of work done to

complete project and apply water to beneficial uses: Since the last diligence decree was entered in December, 2002, applicant has undertaken the following specific activities which demonstrate diligence with regard to the subject conditional rights: (a)Applicant filed for and obtained findings of reasonable diligence in Case Nos. 01CW174 (Kuyper Well Nos. 1-11), 02CW257 (Divide Reservoir Exchange), 04CW233 (Kuyper Well Nos. 13 and 14), and 07CW075 (Divide Reservoir Nos. 2 and 3) concerning other aspects of the integrated water supply system of which the subject wells are decreed to be a part. All diligence activities found in those cases are also claimed herein with respect to the subject wells. (b) Applicant added approximately 600 lineal feet of water distribution lines to the water delivery system of which the subject wells are a part. (c) The new water treatment plant was brought to 97% completion, and a Lowry Bubbler for PH and radon volatiles was installed. (d) The water storage tower was raised to increase its capacity by approximately 80,000 gallons. (e) Applicant drilled and equipped Kuyper Well No. 4. (f) Applicant continued to use the subject wells that have already been drilled and completed, (Well Nos. 1, 3 and 14) and made the exchanges and augmentation releases required. (g) URS was engaged and is performing an analysis of the fire flow and distribution system. (h) Applicant expended in excess of $900,000 toward development of the municipal water supply system of which the subject wells are a part during this diligence period. WHEREFORE, applicant requests that the Court enter a finding of reasonable diligence with respect to the conditional water rights described herein. 08CW271, APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF PETE C. KUYPER, TELLER COUNTY, WATER DIVISION NO. 1, STATE OF COLORADO. 1. Name, address and telephone number of applicant: Pete C. Kuyper P.O. Box 729, Divide, CO 80814, (719) 687-6011, c/o Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structures: Kuyper Well Nos. 1 through 11, 3. Description of conditional water rights: (a) Decree: Decreed by the District Court in and for Water Division No. 1 in Case No. 85CW452 on October 5, 1988. Previous diligence decrees were entered in Case No. 94CW180 on October 12, 1995, and Case No. 01CW174 on December 11, 2002. (b) Decreed locations: Kuyper Well No. 1 is located in the NW1/4NW1/4 of Section 7, T. 13 S., R. 69 W., 6th P.M. at a point 1,000 feet south of the north section line and 300 feet east of the west section line of said Section 7. Kuyper Well No. 2 is located in the SW1/4NW1/4 of Section 7, T. 13 S., R. 69 W., 6th P.M. at a point 1,400 feet south of the north section line and 400 feet east of the west section line of said Section 7. Kuyper Well No. 3 is located in the SW1/4NW1/4 of Section 7, T. 13 S., R. 69 W., 6th P.M. at a point 1,950 feet south of the north section line and 550 feet east of the west section line of said Section 7. Kuyper Well No. 4 is located in the NW1/4SW1/4 of Section 7, T. 13 S., R. 69 W., 6th P.M. at a point 3,400 feet south of the north section line and 700 feet east of the west section line of said Section 7. Kuyper Well No. 5 is located in the SW1/4SW1/4 of Section 7, T. 13 S., R. 69 W., 6th P.M. at a point 4,100 feet south of the north section line and 800 feet east of the west section line of said Section 7. Kuyper Well No. 6 is located in the SW1/4SW1/4 of Section 7, T. 13 S., R. 69 W., 6th P.M. at a point 4,800 feet south of the north section line and 900 feet east of the west section line of said Section 7. Kuyper Well No. 7 is located in the NW1/4NW1/4 of Section 7, T. 13 S., R. 69 W., 6th P.M. at a point 900 feet south of the north section line and 1,300 feet east of the west section line of said Section 7. Kuyper Well No. 8 is located in the NE1/4SW1/4 of Section 7, T. 13 S., R. 69 W., 6th P.M. at a point 3,200 feet south of the north section line and 1,500 feet east of the west section line of said Section 7. Kuyper Well No. 9 is located in the NE1/4NW1/4 of Section 7, T. 13 S., R. 69 W., 6th P.M. at a point 800 feet south of the north section line and 2,500 feet east of the west section line of said Section 7. Kuyper Well No. 10 is located in the SE1/4NW1/4 of Section 7, T. 13 S., R. 69W., 6th P.M. at a point 2,200 feet south of the north section line and 2,400 feet east of the west section line of said Section 7. Kuyper Well No. 11 is located in the

NE1/4SW1/4 of Section 7, T. 13 S., R. 69W., 6th P.M. at a point 3,250 feet south of the north section line and 2,300 feet east of the west section line of said Section 7. (c) Source: Groundwater tributary to Rule Creek, a tributary of Trout Creek, a tributary of Horse Creek, a tributary of the South Platte River. (d) Appropriation date: November 11, 1985 for each well. (e) Amount: 200 gpm each, with total diversions all wells not to exceed 400 acre feet annually. (f) Use: Irrigation, municipal, fire protection, commercial, industrial, domestic, recreational, fish propagation, and aesthetic uses. The wells may also be used to fill and maintain Kuyper Reservoir Nos. 1, 2 and 3, but only if the prior written consent is obtained from the State or Division Engineers. The wells are alternate and supplemental points of diversion for one another. The wells are part of an integrated municipal water supply system. 4. Detailed outline of work done to complete project and apply water to beneficial use: Since the last diligence decree was entered in December, 2002, applicant has undertaken the following specific activities which demonstrate diligence with regard to the subject conditional rights: (a) Applicant filed for and obtained findings of reasonable diligence in Case Nos. 01CW173 (Divide Reservoir No. 1), 02CW257 (Divide Reservoir Exchange), 04CW233 (Kuyper Well Nos. 13 and 14), and 07CW075 (Divide Reservoir Nos. 2 and 3) concerning other aspects of the integrated water supply system of which the subject wells are decreed to be a part. All diligence activities found in those cases are also claimed herein with respect to the subject wells. (b) Applicant added approximately 600 lineal feet of water distribution lines to the water delivery system of which the subject wells are a part. (c) The new water treatment plant was brought to 97% completion, and a Lowry Bubbler for PH and radon volatiles was installed. (d) The water storage tower was raised to increase its capacity by approximately 80,000 gallons. (e) Applicant drilled and equipped Kuyper Well No. 4. (f) Applicant continued to use the subject wells that have already been drilled and completed, (Well Nos. 1, 3 and 14) and made the exchanges and augmentation releases required. (g) URS was engaged and is performing an analysis of the fire flow and distribution system. (h) Applicant expended in excess of $900,000 toward development of the municipal water supply system of which the subject wells are a part during this diligence period. WHEREFORE, applicant requests that the Court enter a finding of reasonable diligence with respect to the conditional water rights described herein. 08CW272 James A. Lamke and Lisa W. Lamke, c/o Harvey W. Curtis, Harvey W. Curtis & Associates, 8310 South Valley Highway, Suite 230, Englewood, CO 80112, (303) 292-1144. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES IN DOUGLAS COUNTY. 2.Name(s) of wells and permit, registration or denial number(s). (If permit applied for, but not acted upon, give date of permit application.): Well permits will be applied for prior to construction of the wells to withdraw the ground water decreed herein. 3. Legal Description of Subject Water Rights: The subject water rights are ground water from the not nontributary Upper Dawson aquifer, the nontributary Lower Dawson aquifer, the nontributary Denver aquifer, the nontributary Arapahoe aquifer and the nontributary Laramie-Fox Hills aquifer underlying the Subject Property. The Subject Property consists of approximately 35 acres of land generally located in part of the NW1/4 of the SE1/4 of Section 5, Township 8 South, Range 66 West of the 6th P.M., in Douglas County, Colorado. Applicants are the owners of the Subject Property, described on Exhibit A hereto (“Subject Property”). The wells which will withdraw the subject ground water will be located at any location on the Subject Property, for which a determination and decree is sought pursuant to §§ 37-90-137(4) and (6), C.R.S. and §§ 37-92-302(2)(a) and 305(6), C.R.S. 4. Source of Water Rights: The source of the ground water to be withdrawn from the Upper Dawson aquifer is not nontributary as described in § 37-90-103(10.7) and § 37-90-137(9)(c), C.R.S. The ground water to be withdrawn from the Lower Dawson, Denver, Upper Arapahoe and Laramie-Fox Hills aquifers is nontributary ground water as described in § 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw

the subject amounts of ground water at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject ground water through wells to be located at any location on the Subject Property, or on property adjacent thereto with the consent of the owner(s) thereof. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells of Applicants located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers, indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Aquifer Saturated Thickness Annual Amount Classification

Upper Dawson Lower Dawson Denver Upper Arapahoe Laramie-Fox Hills

59.7 ft 51.0 ft 292.5 ft 284.8 ft 178.4 ft

4.2 af 3.6 af 17.5 af 17.0 af 9.4 af

not nontributary nontributary nontributary nontributary nontributary

The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrology and the legal entitlement of Applicants, and Applicants claim all ground water underlying the Subject Property in the above-described aquifers. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available ground water lying below the Subject Property through wells which may be located anywhere on the Subject Property or on property adjacent thereto with consent of the owner(s) thereof, and any additional wells which may be completed in the future, which wells will comprise Applicants’ well field. As wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successfully used, leased, sold, or otherwise disposed of for municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, and all other beneficial uses. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for all other augmentation purposes. 8. Names and Addresses of Owners or Reputed Owners of Land: The current owners of the Subject Property are: a. Surface Owner: Applicants, at the address in 1.a., above. b. Lienholders to be given notice of this application within ten (10) days after the filing of the application by registered or certified mail, return receipt required, pursuant to § 37-92-302(2)(b)(I): b.(1) Wells Fargo Home Mortgage, Inc., 3601 Minnesota Drive, Suite 200, Bloomington, MN 55435. b.(2) Wells Fargo Bank, N.A., P.O. Box 49069, Colorado Springs, CO 80949. 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. Augmentation Requirements: Applicants will make no use of the Upper Dawson aquifer not nontributary ground water prior to the issuance of a judicially approved plan of augmentation, as required by § 37-90-137(9)(c)(I), or (c.5)(I), C.R.S., whichever is applicable, unless that requirement is eliminated by future change in the law. 11. Remarks: a. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5, above, pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7, through a well field, pursuant to Rule 14 of said Statewide Rules, with the wells in the same aquifer in the well field to be alternate points of diversion for one another. b. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, 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. c. The Applicants also seek the right to construct additional and replacement wells for

the withdrawal of the subject ground water, as necessary, in order to maintain production levels in the aquifers, without publishing additional notice or filing any additional pleading with the Court. As such additional wells are planned, applications for well permits shall be filed in accordance with § 37-90-137(10), C.R.S. WHEREFORE, Applicants pray that the Court enter a Decree: 1. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained in accordance with the statutes. 2. Specifically determining that: a. Applicants have complied with § 37-90-137(4), C.R.S., and water is legally available for withdrawal by the water rights requested herein, but that jurisdiction may be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants’ property, pursuant to §37-92-305(11), C.R.S., and Denver Basin Rule 9; b. The ground water in the Upper Dawson is not nontributary ground water, which will not be withdrawn until a plan(s) of augmentation has been separately decreed therefor pursuant to statute; c. The ground water in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary ground water; d. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of ground water proposed herein; e. No findings of reasonable diligence are required to maintain the ground water rights; and f. The water rights adjudicated in this case are vested property rights. g. Further, Applicants pray that this court grant such other relief as it deems proper in the premises. (6 pages, 1 page exhibit). 08CW273 APPLICATION FOR A SEXENNIAL FINDING OF REASONABLE DILIGENCE OF THE CITY OF WESTMINSTER IN JEFFERSON AND ADAMS COUNTIES. 1. Name and address of Applicant: City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031. Telephone: (303) 658-2400. Copies of all pleadings to Lee H. Johnson, Reg. No. 18852, Beth Ann J. Parsons, Reg. No 32128, 1700 Lincoln Street, Suite 3900, Denver, Colorado 80203-4539. Telephone: (303) 861-9000. 2. Name of Structure: Exchange from Westminster's Big Dry Creek Waste Water Treatment Plant to Big Dry Intakes 1 through 6. 3. Description of conditional water right: A. Date of Original Decree: April 26, 1989, Case No. 81CW446, Water Court, Division 1, State of Colorado. B. Location: In Case No. 81CW446, Westminster obtained a decree for an exchange of water between Westminster's Big Dry Creek Wastewater Treatment Plant and Big Dry Intakes Nos. 1 through 6. The locations of the structures are as follows: Westminster's Big Dry Creek Waste Water Treatment Plant: At a point on the north bank of Big Dry Creek 400 feet east of Huron Street in the Northwest 1/4 of the Southwest 1/4 of Section 27, Township 1 South, Range 68 West, County of Adams, State of Colorado. Big Dry Intake No. 1: A point located in the Southeast 1/4 of Section 14, Township 2 South, Range 69 West, County of Jefferson, State of Colorado, more particularly described as follows: The South quarter corner of Section 14, Township 2 South, Range 69 West, 6th P.M., bears S04̊59'18"W, 1353.34 feet from the point of diversion. Big Dry Intake No. 2: A point located in the Northwest 1/4 of Section 13, Township 2 South, Range 69 West, County of Jefferson, State of Colorado, more particularly described as follows: The Northwest corner of Section 13, Township 2 South, Range 69 West, 6th P.M., bears N37 ̊57'18"W, 1135.24 feet from the point of diversion. Big Dry Intake No. 3: Points on both sides of Big Dry Creek located in the Southeast 1/4 of Section 6, Township 2 South, Range 68 West, County of Adams, State of Colorado, more particularly described as follows: The South quarter corner of Section 6, Township 2 South, Range 68 West, 6th P.M., bears S09̊03'48"W, 1441.90 feet from the point of diversion. Big Dry Intake No. 4: A point located in the Southeast 1/4 of Section 12, Township 2 South, Range 69 West, County of Jefferson, State of Colorado, more particularly described as follows: At a point whence the East quarter corner of Section 12, Township 2 South, Range 69 West, 6th P.M., bears N62̊20'23"E, 1913.89 feet. Big Dry Intake

No. 5: A point located in the Southeast 1/4 of Section 12, Township 2 South, Range 69 West, County of Jefferson, State of Colorado, more particularly described as follows: At a point whence the East quarter corner of Section 12, Township 2 South, Range 69 West, 6th P.M., bears N71 ̊22'09"E, 1574.55 feet. Big Dry Intake No. 6: A point located in the Northeast 1/4 of Section 12, Township 2 South, Range 69 West, County of Jefferson, State of Colorado, more particularly described as follows: At a point whence the East quarter corner of Section 12, Township 2 South, Range 69 West, 6th P.M., bears S58 ̊18'56"E, 1073.68 feet. C. Source: In Case No. 81CW446, Westminster obtained a decree for an exchange of water using effluent generated at the Westminster Big Dry Creek Wastewater Treatment Plant as a substitute supply. The source of water diverted by exchange is Big Dry Creek. The source of effluent used as a substitute supply is from certain water rights diverted by Westminster through its municipal utility system pursuant to the decree entered in Case No. W-8743, Water Court, Water Division No. 1, State of Colorado and from certain nontributary groundwater rights diverted by Westminster through its municipal utility system pursuant to the decree in Cases No. W-4017 and W-8741-77, Water Court, Water Division No. 1, State of Colorado. D. Appropriation Date: September 14, 1981, Case No. 81CW446 in the amount of 20 c.f.s. E. Use: Pursuant to the decree entered in Case No. 81CW446, the water diverted will be used in the City of Westminster's municipal utility system for municipal, irrigation, domestic, commercial, industrial, recreational, exchange, replacement, and augmentation purposes. Westminster may make direct use, storage, reuse, successive use, further exchange and thereby fully consume the waters diverted and accounted for under operation of the decree in Case No. 81CW446. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. A. During prior diligence periods, Westminster completed construction of Big Dry Intake No. 6, diverted water by exchange at a maximum rate of 2.56 c.f.s. and applied said water to beneficial use pursuant to the terms of the decree in Case No. 81CW446. In Case No. 95CW088, the Water Court decreed that 2.56 c.f.s. of the 20 c.f.s. conditional decree in Case No. 81CW446, had been made absolute by completion of the appropriation and application of the water to beneficial use. The Water Court ruled that the remaining 17.44 c.f.s. of the conditional decree remain in effect. During the present diligence period, Westminster has continued to divert water by exchange pursuant to the decree in Case No. 81CW446. The rate of diversion, however, has not exceeded the 2.56 c.f.s. previously determined absolute by the Court in Case No. 95CW088. B. During a prior diligence period, Westminster completed construction of Big Dry Intake No. 3. Westminster has diverted water by exchange at this point. The rate of diversion, however, has not exceeded the 2.56 c.f.s. previously determined absolute by the Court in Case No. 95CW088. C. During the diligence period, Westminster has, pursuant to the decree in Case No. W-8743, diverted water into the municipal utility system and put such water to beneficial use in Westminster's water service area. Beneficial use of said water has then generated effluent at Westminster's Big Dry Creek Wastewater Treatment Plant for exchange pursuant to the decree in Case No. 81CW446. In addition, Westminster has expanded the capacity of the Big Dry Creek Wastewater Treatment Plant thereby allowing treatment of additional effluent at the Plant. D. Westminster has previously participated in a joint effort with the City of Thornton and the USGS to construct a flow gauge on Big Dry Creek. During the diligence period, Westminster has made annual contributions of approximately $3,000.00 to cover a portion of the operations and maintenance for said gauge. The gauge is used to measure flows in Big Dry Creek and provides a basis for the calculation of exchange potential on Big Dry Creek. Moreover, Westminster staff has participated in the Big Dry Creek Watershed Association, a cooperative effort among all Big Dry Creek water users to monitor flow data, as well as other information. Costs associated with this effort were incurred during the diligence period. E. During the diligence period, Westminster has participated in a number of water court proceedings in an effort, in part, to protect and maintain return flows to both Big Dry Creek and the South Platte River. In addition, Westminster has participated in a number of water court proceedings in the Clear Creek basin in an effort, in

part, to protect and maintain the full entitlement of water available to the water rights decreed in Case No. W-8743, Water Court, Water Division No. 1, State of Colorado. Under the terms of Case No. 81CW446, effluent generated by the use of said water rights in Westminster's municipal utility system may be used for exchange purposes. F. The water rights adjudicated in Case No. 81CW446 are part of Westminster’s Clear Creek raw water supply system, an integrated system as defined by § 37-92-301(4) C.R.S. During the diligence period, Westminster has continued the development of its Clear Creek Water Supply System. Activities have included, but are not limited to, acquisition of various Clear Creek water rights for incorporation into the integrated water supply system, participation in various water court proceedings to protect Westminster’s water supply system, participation in continuing efforts to effect improvements to and the enlargement of Standley Reservoir, and substantial efforts to protect the quality of water of Westminster’s water supply system. Costs related to these activities have been incurred during the diligence period. 5. Water applied to beneficial use: N/A. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: With the exception of Big Dry Creek Intake No. 3, the diversion structures involved in this exchange are all on property owned by the applicant, the City of Westminster. On information and belief, the existing Big Dry Creek Intake No. 3 is located on lands owned by the State Board of Community Colleges and Occupational Education. Big Dry Creek Intake No. 3 is an existing, not a new, diversion structure and there are no plans to modify said structure at this time. WHEREFORE, Westminster requests the Court to enter its decree and ruling as follows: To make a finding of reasonable diligence with respect to the remaining 17.44 c.f.s. conditionally decreed water rights, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence. Application is 5 pages. O8CW274 APPLICATION FOR A SEXENNIAL FINDING OF REASONABLE DILIGENCE OF THE CITY OF WESTMINSTER IN ADAMS COUNTY. 1. Name of Applicant: City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031. Telephone: 303-658-2400. Copies of all pleadings to Lee H. Johnson, Reg. No. 18852, Beth Ann J. Parsons, Reg No. 32128, 1700 Lincoln Street, Suite 3900, Denver, Colorado 80203-4539. Telephone: 303-861-9000. 2. Name of Structure: Exchange from Metropolitan Denver Sewage Disposal District No. 1 Plant (now known as Metropolitan Wastewater Reclamation District) ("Metro") to Little Dry Intake No. 1. 3. Description of conditional water right: Date of Original Decree: April 26, 1989, Case No. 81CW447, Water Court, Division 1, State of Colorado. Location: In Case No. 81CW447, Westminster obtained a decree for an exchange of water between Metro and Little Dry Intake No. 1. The locations of the structures are as follows: Metropolitan Denver Sewage Disposal District No. 1 Plant: At a point of the east bank of the South Platte River in Section 1, Township 3 South, Range 68 West, which lies 1,400 feet east of the southwest corner of said Section 1, County of Adams, State of Colorado. Little Dry Intake No. 1: A point of diversion located in the North East 1/4 of Section 6, Township 3 South, Range 68 West, City of Westminster, County of Adams, State of Colorado more particularly described as follows: Beginning at a point in the North East corner of Section 6, thence West along North Boundary of Section 6 to a point of intersection with Little Dry Creek; thence along the south boundary of Little Dry Creek a distance of 500 feet to the point of diversion. Source: In Case No. 81CW447, Westminster obtained a decree for an exchange of water using effluent generated at the Metro Plant as a substitute supply. The source of water diverted by exchange is Little Dry Creek. The source of effluent used as a substitute supply is from certain water rights diverted by Westminster through its municipal utility system pursuant to the decree entered in Case No. W-8743, Water Court, Water Division No. 1, State of Colorado and from certain nontributary ground water rights diverted by Westminster through its municipal utility system

pursuant to the decree in Cases No. W-4017 and W-8741-77, Water Court, Water Division No. 1, State of Colorado. Appropriation Date: September 14, 1981, Case No. 81CW447 in the amount of 10 c.f.s. Use: Pursuant to the decree entered in Case No. 81CW447, the water diverted will be used in the City of Westminster's municipal utility system for municipal, irrigation, domestic, commercial, industrial, recreational, exchange, replacement, and augmentation purposes. Westminster may make direct use, storage, reuse, successive use, further exchange and thereby fully consume the waters diverted and accounted for under operation of the decree in Case No. 81CW447. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. A. During the diligence period, Westminster has, pursuant to the decree in Case No. W-8743, diverted water into the municipal utility system and put such water to beneficial use in Westminster's water service area. Beneficial use of said water has then generated effluent at the Metro Plant. B. During the diligence period, Westminster incorporated the water right decreed in Case No. 81CW447 in an augmentation plan decree issued in Case No. 03CW118. Expenses associated with obtaining said augmentation plan were incurred during the diligence period. C. During the diligence period, Westminster has participated in a number of water court proceedings in order to protect and maintain return flows to Little Dry Creek, Clear Creek and the South Platte River. In addition, Westminster has participated in a number of water court proceedings in the Clear Creek basin in an effort to protect and maintain the full entitlement of water available to the water rights decreed in Case No. W-8743, Water Court, Water Division No. 1, State of Colorado. Under the terms of Case No. 81CW447, effluent generated by the use of said water rights in Westminster's municipal utility system may be used for exchange purposes. D. During the diligence period, Westminster continued to study use of Little Dry Creek water rights for purposes of irrigating lands within Westminster. This included an analysis of the water rights decreed in Case No. 81CW447. In addition, Westminster staff have participated in numerous meetings concerning use of Little Dry Creek water rights and use of effluent from Metro. Finally, Westminster has retained outside consultants and has participated in ongoing studies related to its South Westminster non-potable system, which includes use of the water rights decreed in Case No. 81CW447. Costs associated with these efforts have been incurred during the diligence period. E. Prior to the diligence period, Westminster participated in a joint effort to move the Derby Gauge on Clear Creek and thereby monitor the flow on Clear Creek at a point between the Metro outfall and the Little Dry Intake No. 1 within the reach of the exchange decreed in Case No. 81CW447. Westminster staff continues to monitor the flow data and the resulting exchange potential generated by this gauge during the diligence period. F. The water rights adjudicated in Case No. 81CW447 are part of Westminster’s Clear Creek raw water supply system, an integrated system as defined by § 37-92-301(4) C.R.S. During the diligence period, Westminster has continued the development of its Clear Creek Water Supply System. Activities have included, but are not limited to, acquisition of various Clear Creek water rights for incorporation into the integrated water supply system, participation in various water court proceedings to protect Westminster’s water supply system, participation in continuing efforts to effect improvements to and the enlargement of Standley Reservoir, and substantial efforts to protect the quality of water of Westminster’s water supply system. Costs related to these activities have been incurred during the diligence period. 5. Water applied to beneficial use: N/A. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The diversion structure involved in this exchange is located on property owned by the applicant, the City of Westminster. WHEREFORE, Westminster requests the Court to enter its decree and ruling as follows: To make a finding of reasonable diligence with respect to the entire conditional water rights decreed in Case No. 81CW447, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence. Application is 4 pages.

08CW275 Diamond G Gravel Company LLLP and Kent P. Nelson, P.O. Box 54, Longmont, Colorado 80502. 303-702-0708, hereinafter “Applicant.” APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION IN BOULDER COUNTY. Application for Change of Water Rights. 2. Water Rights. Applicant owns or controls an undivided 1/12 (.0833) interest in the Zweck and Turner Ditch, 120 shares out of 960 outstanding shares in the South Flat Ditch and 83.33 percent of the James R. Mason Meadow Ditch (a/k/a Mason Meadow Ditch) hereinafter the “Water Rights.” 3. Decrees for Water Rights. 3.1. Zweck and Turner Ditch. The decreed point of diversion for the Zweck and Turner Ditch is in Section 36, Township 3 North, Range 70 West. The actual point of diversion is in the NW1/4 of the NE1/4 of Section 35, Township 3 North, Range 70 West of the 6th P.M., Boulder County, Colorado. The source of water is St. Vrain Creek, a tributary to the South Platte River. The Zweck and Turner Ditch was originally decreed in Civil Action No. 1324, Water District No. 5 on June 2, 1882 for irrigation uses out of St. Vrain Creek. The ditch was awarded Priority No. 21, with an appropriation date of June 30, 1864, and a flow rate of 82.61 c.f.s. 23.03% of the ditch was changed by the City of Longmont in Case No. 87CW221. 3.2. South Flat Ditch. The decreed point of diversion of the South Flat Ditch is in the NE1/4 of the NW1/4 of Section 6, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. The source of water is St. Vrain Creek, a tributary to the South Platte River. The South Flat Ditch was originally decreed in Civil Action No. 1311, Water District No. 5 on June 2, 1882 for irrigation uses out of St. Vrain Creek. The ditch was awarded Priority No. 16, with an appropriation date of May 15, 1863, and a flow rate of 71.43 c.f.s. A total of 54.73 c.f.s of the originally decreed amount of water was abandoned. In Civil Action No. 6387, 0.955 c.f.s of the originally decreed amount was transferred for diversion at the Niwot Ditch. The abandonment and transfer of the original decreed amount resulted in a net decreed amount of 15.745 c.f.s at the headgate of the South Flat Ditch. 6.26 c.f.s. was changed by the City of Longmont in Case No. 87CW220. 3.3. James R. Mason Meadow Ditch (a/k/a Mason Meadow Ditch). The decreed point of diversion for the Mason Meadow Ditch is in Section 6, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. The source of water is St. Vrain Creek, a tributary to the South Platte River. The South Flat and the Mason Meadow ditches share a common river headgate. The Mason Meadow Ditch was originally decreed in Civil Action No. 1326, Water District No. 5 on June 2, 1882 for irrigation uses out of St. Vrain Creek. The ditch was awarded Priority No. 2, with an appropriation date of July 31, 1860, and a flow rate of 5.45 c.f.s. 4. Historical Use. 4.1. Diversions and Study Period. Some ditch diversion records are maintained by the Colorado Division of Water Resources, State Engineer’s Office for the Water Rights. A study period of 1950 through 1985 was selected for the Zweck and Turner and South Flat ditches due to the availability and reliability of diversion records. There are no diversion records for the Mason Meadow Ditch prior to 1966 so a study period of 1966 through 1985 was selected for this ditch. The selected study periods are representative of the historical period of irrigation of the subject water rights and include a variety of hydrologic and climatic conditions. The study period was not extended beyond 1985 because of the initiation of the gravel mining operations. Tables showing the recorded monthly river headgate diversions for the Water Rights for the study periods are attached. The following table provides a summary of the river headgate diversions for the study period of each ditch.

Summary of Historical Diversion Records

Structure

Total Average Annual Diversion (acre-feet)

Pro-Rata* Average Annual Diversion (acre-feet)

Pro-Rata* Dry Year Diversion (acre-feet)

Pro-Rata* Wet Year Diversion (acre-feet)

Zweck and Turner 2,193.0 182.7 179.3 175.2 South Flat 1736.0 217.0 231.8 226.9 Mason Meadow 250.5 208.7 189.4 231.3 Total 4,179.5 608.4 600.5 633.4

*Prorata based on Applicant’s ownership.

4.2.Irrigated Acreage. The subject water rights were historically used to irrigate approximately 162.5 acres of corn, barley, alfalfa and grass hay. Maps of the area irrigated are attached as Figures 1 and 3. 4.3. Historical Consumptive Use. A maximum farm irrigation efficiency of 60 percent was used to determine consumptive use. This value was adopted in the City of Longmont change cases Case Nos. 87CW220 and 87CW221 and is typical for flood irrigation practices in the area. Farm headgate deliveries were estimated by calculating the monthly pro-rata ownership of the river headgate diversions and reducing the diversions by applying an assumed ditch loss factor of 10% for each ditch. This ditch loss value was adopted in the City of Longmont change cases. The total monthly Crop Irrigation Requirement (CIR) for each farm was determined based upon the unit CIR values for each crop and the historical cropping pattern. The Integrated Decision Support Group Consumptive Use Model developed by Colorado State University was utilized to perform historical simulations of crop irrigation demand, irrigation deliveries, soil moisture, and crop consumption for the selected study period for each ditch. The monthly consumptive use of irrigation water attributable to the Applicant’s interest in the Water Rights is shown below.

Ditch Amount Owned

Historical Consumptive Use (acre-feet)

Zweck and Turner 1/12 (8.33%) 64.6 South Flat 120 Shares 107.3 Mason Meadow 83.33 % 51.5 Total 223.4

4.4Historical Return Flows. Total return flow to the stream is calculated as the total amount of water delivered to the farm minus the amount of CIR met by the water delivery. With a farm efficiency of 60 percent, a minimum of 40 percent of the total farm delivery will be returned to the stream through surface runoff or deep percolation and groundwater return flow. It was estimated that 40 percent of the total return flow occurs as surface runoff and 60 percent occurs as deep percolation and groundwater return flow. The timing of groundwater return flows was determined using an analytical procedure developed by R. E. Glover (Glover). The following table summarizes the aquifer parameters adopted for purposes of this analysis.

AQUIFER PARAMETERS FOR DETERMINING HISTORICAL RETURN FLOW Site Distance to Transmissivity Specific Yield Width of

the Stream (ft)

(gal/day/ft) Aquifer (ft)

Zweck and Turner

724 50,000 0.20 2,650

South Flat 1,469 50,000 0.20 3,300 Mason Meadow

527 50,000 0.20 3,300

The following table summarizes the average monthly net historical return flows from each ditch for the selected study period of each ditch.

Historical Return Flow (ac-ft)

Zweck and Turner South Flat

Mason Meadow Total

Jan 1.63 2.81 1.70 6.14 Feb 1.14 2.23 1.35 4.71 Mar 0.80 2.17 1.07 4.03 Apr 2.89 3.64 3.08 9.62 May 14.72 8.50 11.92 35.14 Jun 15.71 11.51 26.19 53.41 Jul 16.69 14.28 26.58 57.56 Aug 16.29 14.97 30.79 62.05 Sep 13.88 11.76 20.73 46.37 Oct 9.47 7.86 7.51 24.84 Nov 4.31 4.80 3.18 12.30 Dec 2.39 3.57 2.20 8.16 Total 99.92 88.10 136.32 324.33

Net Stream Depletion (ac-ft)

Zweck and Turner South Flat

Mason Meadow Total

Jan (1.6) (2.8) (1.7) (6.1) Feb (1.1) (2.2) (1.3) (4.7) Mar (0.8) (1.1) (1.1) (2.9) Apr 1.2 3.6 1.1 5.9 May 10.6 16.4 7.7 34.7 Jun 16.7 27.6 18.4 62.8 Jul 24.6 34.9 17.9 77.4 Aug 17.3 29.9 16.1 63.3 Sep 5.5 11.7 4.0 21.3 Oct (1.9) (2.5) (4.2) (8.5) Nov (3.6) (4.8) (3.2) (11.5) Dec (2.4) (3.6) (2.2) (8.2) Total 64.5 107.2 51.6 223.3

Net

Stream Depletion. Net stream depletion is defined as the difference between diversions from the stream and return of irrigation water to the stream. The net annual depletion is the amount of water which is fully consumed in a given year. The following table summarizes the net stream depletions. 4.6 Proposed Change. Applicant seeks to change the Water Rights to add augmentation, replacement and exchange and to deliver the Water Rights into lined storage ponds, unlined recharge ponds and to bypass the water directly into St. Vrain Creek for the changed uses. The Water Rights will be used for augmentation of out of priority depletions from unlined ponds on the Neighbors Site located in the W1/2 of Section 5, T2N, R69W and E1/2 of Section 6, T2N R69W and the Fredstrom Site located in the SE1/4 of Section 36, T3N, R70W, the NE1/4NE1/4 Section 1, T2N, R70W, and the W1/2 SW1/4, Section 31, T3N, R69W, all in Boulder County, Colorado. Storage will occur at Neighbors Neighbors Pond 4A which will be a lined pond located on the Neighbors Site. If the Water Rights are not needed in whole or in part for the changed uses by Applicant, Applicant proposes to use such excesses for its other operations or to lease or sell such excesses to others. A portion of the Zweck and Turner and South Flat Ditch water rights are committed to an augmentation agreement with the St. Vrain & Left Hand Water Conservancy District (SVLHWCD) for replacement of evaporative losses from unlined ponds located on a portion of the Neighbors site pursuant to §37-90-137(11)(a)(1), C.R.S. The SVLHWCD augmentation agreement requires that 2.5 percent of the total Zweck and Turner Ditch, or 30 percent of Applicant’s 1/12 interest, be dedicated for augmentation of the unlined ponds in the E1/2 of the northerly 1/3 of the Neighbors site. In addition, the SVLHWCD augmentation agreement requires that 27 of Applicants shares of the South Flat Ditch be dedicated for augmentation of the unlined ponds on the E1/2 of the southerly portion of the Neighbors site. 4.7 Diversion Limits for Water Rights. To limit the diversions of the Water Rights to historical usage, monthly volumetric limits will be used and will vary by month and year subject to the Water Commissioner’s determination as to whether or not the flow of St. Vrain Creek measured at the Lyons, Colorado gage is representative of an average, wet or dry year based on Soil Conservation Service (SCS) Water Supply Forecasts. This methodology was approved by the Water Court in Case No. 87CW221. If the April through September flow of St. Vrain Creek as a percentage of the Normal SCS Value is less than 65% the year is dry, if between 65% and 140%, average and if above 140%, wet. The following tables summarize the proposed volumetric limits for the Water Rights during each hydrologic condition. The volumetric limits have been reduced by 10 percent for ditch loss. Additionally, the Zweck and Turner and South Flat volumetric limits have been reduced by 30 percent and 22.5 percent, respectively, to exclude the portion of each water right that is dedicated to the SVLHWCD agreement. The monthly volumetric limits for diversions to storage are based upon the historical net stream depletions attributable to each water right. Not all historically irrigated lands have been dried up. The volumetric limits and the amount of water available for the changed uses will be reduced proportionately based upon the amount of dryup lands available under each ditch. Applicant proposes to specify to the Division Engineer, on or before April 15th of each year, the portion of its interest in each water right to be used during the upcoming irrigation season for irrigation, for storage in the lined reservoir, for delivery into unlined storage and for bypass delivery to St. Vrain Creek.

08CW276 WILLIAM CASE DUDLEY, PO BOX 997, CONIFER, CO 80433. Telephone: (720) 222-1490. APPLICATION TO MAKE ABSOLUTE IN JEFFERSON COUNTY. Dudley Pond. Date of original decree: 10-12-1995 in case no. 94CW141 in Water Division One. Legal description: NW1/4, S11, T6S, R71W of the 6th PM at a distance 200 feet from North and 2350 feet from West. Street Address: 9115 Spring Meadow. Subdivision: Evergreen Springs, Lot 10A. Source: Unnamed tributary of North Turkey Creek in the NW/1/4, S11, and springs

Note: Negative values indicate a net accretion to the stream.

located in the NE1/4 of S11, T6S, R71W of the 6th PM, Jefferson County. Appropriation date: August 30, 1994. Amount: 1.60 acre-feet. Use: All uses for which the Mountain Mutual Reservoir Company water rights are decreed and augmentation of wells for domestic in-house use within the Dudley property. Construction of the Dudley pond is complete in addition to the drilling of 6 wells for residential use that are presently pumping. Wells located on lots 3A, 4, 5, 6, 8 & 9A, Evergreen Springs Ranch. Claim to make absolute: Date water applied to beneficial use; 03-10-03. Amount: 6/21x1.6 acre feet=0.46 acre feet. Use: Residential in house use, reference permit #57253, pump install date 03-10-03. Place of use: Wells located on lots 3A, 4, 5, 6, 8 & 9A, Evergreen Springs Ranch. 08CW277 Soldier Canyon Filter Plant, 4424 La Porte Avenue, Fort Collins, CO 80521; Fort Collins – Loveland Water District, 5150 Snead Drive, Fort Collins, CO 80525; East Larimer County Water District, P.O. Box 2044, Fort Collins, CO 80522; North Weld County Water District, P.O. Box 56, Lucerne, CO 80646 (Collectively, the “Districts”) (Jeffrey J. Kahn, Esq., Scott E. Holwick, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978.) APPLICATION FOR CHANGE OF USE OF WATER RIGHTS IN LARIMER AND WELD COUNTIES. 2. Decreed name of structures for which change is sought: The Districts seek a change of water right for 10.33% of the water rights decreed to Dry Creek Ditch (also known as and hereinafter referred to as “Jackson Ditch”) based on their aggregate ownership of 2 and 23/48 of the 24 shares outstanding of the Jackson Ditch Company. 3. Description of previous decrees: A. Original adjudication: decreed by the District Court in Larimer County, Colorado on April 11, 1882 in Civil Action No. 320. B. Decreed point of diversion: south side of the Cache la Poudre River in the NW1/4, SW1/4, S30, T8N, R69W of the 6th P.M., Larimer County, Colorado. A map showing the point of diversion is attached hereto as EXHIBIT A. C. Source: Cache la Poudre River. D. Appropriation dates and amounts: Priority No. Appropriation Date Amount (c.f.s.)

3 6/10/1861 11.67

36 (1st enlargement) 10/21/1870 14.42

67 (2nd enlargement) 9/15/1873 12.13

91 (3rd enlargement) 7/15/1879 12.70

E. Historic use: The water represented by the Districts’ 2 and 23/48 shares (the “Subject Water Right”) was used historically for irrigation of approximately 240 acres of land (the “Subject Property”) the location of which is shown approximately on EXHIBIT A. A representative summary of historical diversion records for Jackson Ditch is attached hereto as EXHIBIT B. 4. Proposed changes: A. Change in point of diversion: The Districts may continue to divert the Subject Water Right at the decreed point of diversion or may instead divert the Subject Water Right at one or more of the following alternate points of diversion: i. Overland Trail Diversion Structure, with a point of diversion located on the South side of the Cache la Poudre River at a point 2,400 feet West and 1,500 feet North of the Southeast corner of Section 33, Township 8 North, Range 69 West; ii. Munroe Gravity Canal, a/k/a North Poudre Supply Canal, the headgate of which is located on the East bank of the Cache la Poudre River in the SW1/4 of the NE1/4 of Section 5, Township 8 North, Range 70 West, at a point whence the Southeast corner of said Section 5 bears 37°27’30” East 3,647.5 feet; iii. New Mercer Ditch, the headgate of which is located on the South side of the Cache la Poudre River approximately one mile above the town of LaPorte in the SE1/4 of Section 28, Township 8 North, Range 69 West, at a place called Point of Rocks; iv. Larimer County Canal No. 2, the headgate of which is located on the South side of the Cache la Poudre River approximately one mile above the town of LaPorte in the SE1/4 of Section 28, Township 8 North, Range 69 West, at a place called Point of Rocks; v. Larimer County

Canal, the headgate of which is located on the North bank of the Cache la Poudre River in the SW 1/4 of the SE1/4 of the SW1/4 of Section 13, Township 8 North, Range 70 West, located approximately 600 feet North and 1,540 feet East of the Southwest corner of said Section 13; vi. Poudre Valley Canal, the headgate of which is located on the North bank of the Cache la Poudre River in the NW1/4 of the SW1/4 of the SW1/4 of Section 10, Township 8 North, Range 70 West, located approximately 1,020 feet North and 160 feet East of the Southwest corner of said Section 10; vii. North Poudre Canal, the headgate of which is located on the North Fork of the Cache la Poudre River, at a point 1,080 feet west and 170 feet north of the Southeast corner of Section 12, Township 10 North, Range 71 West; viii. Halligan Reservoir, as the same may be enlarged, which is located on the North Fork of the Cache la Poudre River, upon portions of Sections 28, 29, 33 and 34, Township 11 North, Range 71 West; and ix. Milton Seaman Reservoir, as the same may be enlarged, which is located on the North Fork of the Cache la Poudre River, upon portions of Sections 33 and 28, Township 9 North, Range 70 West. All alternate points of diversion are located in the 6th P.M., in Larimer County, Colorado. The Districts will not divert the Subject Water Right at the alternate points of diversion identified in ¶ 4.A., above, unless they first obtain the right to use that structure from the appropriate persons or entities. B. Change of use: The Districts seek to add the following uses to the previously decreed irrigation use for the Subject Water Right: all municipal uses including but not limited to domestic, irrigation, commercial, industrial, recreational, fire protection, wetland establishment and maintenance, fish habitat, wildlife habitat, re-use and successive use of the claimed beneficial uses, substitute supply and replacement, augmentation and exchange. C. Change in place of use: The Subject Water Right may be used by the Districts within their respective service areas as those areas now exist or from time to time may be expanded and outside of their respective service areas by agreement. D. Change to include storage: The Subject Water Right may be stored prior to subsequent beneficial use in addition to the existing direct flow use. The Subject Water Right may be stored in any reservoir to which the Districts currently possess or may in the future acquire storage rights, including but not limited to: i. The Overland Trail Reservoirs, subject of the pending water court application in Case No. 00CW251, which will be a series of hydraulically connected, lined gravel pits located in parts of the SE1/4 of Section 32, the S1/2 of Section 33, Township 8 North, Range 69 West, and the N1/2 of Section 4 and the E1/2 of the NW 1/4, the SW1/4 of the NE1/4, and the NW1/4 of the SE1/4 of Section 3, Township 7 North, Range 69 West; ii. Halligan Reservoir, as the same is described in paragraph 4.A.viii., above; iii. Milton Seaman Reservoir, as the same is described in paragraph 4.A. ix., above; iv. Windsor Reservoir, which is located in the SE1/4 of the SE1/4 of Section 33, Township 7 North, Range 67 West; v. Reservoir No. 8, which is located in the SW1/4 of the SE1/4 of Section 16, Township 8 North, Range 68 West; vi. Elder Reservoir, which is located in the SE1/4 of the NE1/4 of Section 19, Township 8 North, Range 68 West; vii. Douglas Reservoir, which is located in the NE1/4 of the SW1/4 of Section 35, Township 9 North, Range 69 West; viii. Cobb Lake, which is located in the NE1/4 of the NW1/4 of Section 23, Township 8 North, Range 68 West; ix. Chambers Lake, which is located in the NE1/4 of the SE1/4 of Section 6, Township 7 North, Range 75 West; x. WSSC Reservoir No. 2 & 3, which are located in the SE1/4 of the NE1/4 of Section 14, Township 8 North, Range 69 West; xi. WSSC Reservoir No. 4, which is located in the NE1/4 of the SW1/4 of Section 23, Township 8 North, Range 69 West; xii. WSSC Reservoir No. 1 (a/k/a Rocky Ridge Reservoir), which is located in the SE1/4 of the SW1/4 of Section 11, Township 8 North, Range 69 West; xiii. WSSC Reservoir No. 5 (a/k/a Long Pond), which is located in the SE 1/4 of the NW1/4 of Section 31, Township 8 North, Range 68 West; xiv. Lindemeier Lake, which is located in the NW1/4 of the NE1/4 of Section 6, Township 7 North, Range 68 West; xv. WSSC Reservoir No. 6 (a/k/a Black Hollow Reservoir), which is located in the SE1/4 of the SE1/4 of Section 34, Township 8 North, Range 67 West; xvi. Kluver Reservoir, which is located in the NE 1/4 of the NW1/4 of Section 23, Township 8 North, Range 69 West; xvii. Curtis Lake, which is located in the E1/2 of Section 17, Township 8 North, Range 69 West, and the W1/2 of Section 16,

Township 8 North, Range 69 West; xviii. Long Draw Reservoir (a/k/a Grand River Reservoir), which is located in the NW1/4 of the SE1/4 of Section 11, Township 6 North, Range 75 West; xix. North Poudre Reservoir No. 1 (a/k/a Miner Lake), which is located in the SW1/4 of the SW 1/4 of Section 21, Township 9 North, Range 69 West; xx. North Poudre Reservoir No. 2 (a/k/a Demmel Lake), which is located in the NE1/4 of the SW1/4 of Section 30, Township 9 North, Range 68 West; xxi. North Poudre Reservoir No. 3, which is located in the NE1/4 of the SE1/4 of Section 19, Township 9 North, Range 68 West; xxii. North Poudre Reservoir No. 4, which is located in the NE1/4 of the SW1/4 of Section 29, Township 9 North, Range 68 West; xxiii. North Poudre Reservoir No. 5 (a/k/a Bee Lake), which is located in the NW1/4 of the SW1/4 of Section 5, Township 8 North, Range 68 West; xxiv. North Poudre Reservoir No. 6, which is located in the SW1/4 of the SE1/4 of Section 8, Township 8 North, Range 68 West; xxv. North Poudre Reservoir No. 15, which is located in Section 4, Township 9 North, Range 69 West; xxvi. North Poudre Reservoir No. 13 (a/k/a Clark Lake), which is located in the SE1/4 of the NE1/4 of Section 22, Township 9 North, Range 68 West; xxvii. Mountain Supply Reservoir No. 16 (a/k/a Indian Creek Reservoir), which is located in the NW1/4 of the SW1/4 of Section 13, Township 9 North, Range 68 West; and xxviii. Mountain Supply Reservoir No. 18 (a/k/a Hinkley Lake), which is located in the SW1/4 of the NE1/4 of Section 25, Township 8 North, Range 68 West.(Collectively, the “Reservoirs”) All Reservoirs, with the exceptions of Windsor Reservoir, identified in 4.D.iv., above, and Black Hollow Reservoir, identified in 4.D.xv., above, are located in the 6th P.M., in Larimer County, Colorado. Windsor Reservoir and Black Hollow Reservoir are each located in the 6th P.M., in Weld County, Colorado. The Districts will not store the Subject Water Right in the Reservoirs unless they first obtain the right to use those structures from the appropriate persons or entities. The Districts reserve the right to carry over any stored water from year to year in the Reservoirs. E. Amount to be changed: 10.33% of each of the appropriated decreed amounts – 1.205 cfs of Priority No. 3; 1.490 cfs of Priority No. 36; 1.253 cfs of Priority No. 67; and 1.312 of Priority No. 91. F. Historical return flows: The Districts will replace historical return flows from the Subject Water Right in time, location, and amount as necessary to prevent injury to other vested and conditional water rights. G. Plan for operation: The Districts will divert the Subject Water Right either at the presently decreed diversion point or at the alternate points of diversion identified in paragraph 4.A., above, for direct use or for storage in the Reservoirs. Diversions at alternate points will only be made when water is physically and legally available under the Subject Water Right at the presently decreed diversion point. The Districts may replicate historical return flows by: leaving a portion of the Subject Water Right in Jackson Ditch and/or in the Cache la Poudre River; releasing a portion of the Subject Water Right from one or more of the Reservoirs; and/or utilizing any other water rights owned or leased by the Districts. 5. Comments. A. Right to exchange: The Districts reserve the right to exchange the Subject Water Right after storage in or diversion to the Overland Trail Reservoirs upstream pursuant to the exchange priorities sought to be adjudicated in District Court, Water Division No.1, in pending Case No. 00CW251. B. Dominion, control and intent to reuse. The Districts claim all dominion and control of all return flows after initial use of the Subject Water Rights, including but not limited to lawn irrigation return flows and sewer return flows, and claim the right to reuse, successively use, and dispose of such return flows by sale, contract, exchange, or otherwise to extinction. 6.Name and address of owners of the lands upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed, or upon which water is or will be stored: A. Fort Collins Pipeline diversion: City of Fort Collins, Attn: Real Estate, P.O Box 580, Fort Collins, CO 80522. B. City of Greeley Pipeline diversion: City of Greeley, 919 7th Ave., Greeley, CO 80631; C. Overland Trail Reservoirs: i. Mark A. Linder, 4355 W. County Road 50E, Fort Collins, CO 80521; ii. Joseph S. and Daniel A. Glass, 1331 North Taft Hill Road, Fort Collins, CO 80521; iii. Kenneth C. Hilt, 1429 North Taft Hill Road, Fort Collins, CO 80521-1334; iv. Alvin G. and Florence Treiber, 3509 Arapahoe Drive, Fort Collins, CO 80521; v. James S. and Joyce Warson, 67-1066

Palekaikou Trail, Kamuela, HI 96743; vi. The City of Greeley, Acting by and through its Water and Sewer Board, 1100 10th Street, 3rd Floor, Greeley, CO 80631; vii. Fort Collins-Loveland Water District, A Political Subdivision of the State of Colorado, 4700 South College Avenue, Fort Collins, CO 80525; viii. North Weld County Water District, A Political Subdivision of the State of Colorado, 33247 Highway 85, Lucerne, CO 80646; ix. East Larimer County Water District, A Political Subdivision of the State of Colorado, P.O. Box 2044, Fort Collins, CO 80522. D. Munroe Gravity Canal, a/k/a North Poudre Supply Canal: The point of diversion for the Munroe Gravity Canal is on land owned by the Northern Colorado Water Conservancy District, 220 Water Ave., Berthoud, CO 80513. E. Overland Trail Diversion Structure: i. The City of Greeley, Acting by and through its Water and Sewer Board, 1100 10th Street, 3rd Floor, Greeley, CO 80631; ii. Fort Collins-Loveland Water District, A Political Subdivision of the State of Colorado, 4700 South College Avenue, Fort Collins, CO 80525; iii. North Weld County Water District, A Political Subdivision of the State of Colorado, 33247 Highway 85, Lucerne, CO 80646; iv. East Larimer County Water District, A Political Subdivision of the State of Colorado, P.O. Box 2044, Fort Collins, CO 80522. F. Milton Seaman Reservoir: i. City of Greeley, 808 23rd Avenue, Greeley, CO 80631; ii. Bureau of Reclamation, 11056 W. County Road 18E, Loveland, CO 80537; iii. United States Department of Agriculture, Forest Service, Inspector General, 2850 McClelland Drive, Fort Collins, CO 80526; iv. Katherine F. and David P. Lunn, 6066 Obenchain Road, Laporte, CO 80535; v. Larry D. Johnson Living Trust, 6074 Obenchain Road, Laporte, CO 80535-9723; vi. State Board of Land Commissioners, 1313 Sherman Street, Denver, CO 80203; vii. City of Greeley Water and Sewer Department, Seaman Dam, 808 23rd Avenue, Greeley, CO 80631; viii. United States of America, Arapahoe/Roosevelt National Forest, 2150 Centre Avenue East, Fort Collins, CO 80526-8119; ix. City of Fort Collins Water Department, Attn: Natural Resources, P.O. Box 580, Fort Collins, CO 80522; x. State of Colorado, Department of Natural Resources, 6060 Broadway Avenue, Denver, CO 80216; G. Halligan Reservoir: i. State of Colorado, Division of Wildlife, 6060 Broadway Avenue, Denver, CO 80216; ii. United States of America Bureau of Land Management, General Delivery, Washington, DC 20090; iii. North Poudre Irrigation Company, 3729 Cleveland Avenue, Wellington, CO 80549; iv. The Landowners’ Association for Phantom Canyon Ranches, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525; v. Free Enterprises, Inc., c/o Lee Stark, 1803 Garfield Avenue, Loveland, CO 80537; vi. TJ Mac, Ltd., P.O. Box 9, Greeley, CO 80632-0009; vii. Gary C. and Mary J. Packard, 5142 Eagle Lake Drive, Fort Collins, CO 80524; viii. Meadow Creek Cabin Association, LLC, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525. H. North Poudre Canal: The point of diversion for the North Poudre Canal is on land owned by the Landowners’ Association for Phantom Canyon Ranches, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525. The structure itself is owned by the North Poudre Irrigation Company, whose address is P.O. Box 100, Wellington, CO 80549. I. Windsor Reservoir: Windsor Reservoir & Canal Company, P.O. Box 206, Eaton, CO 80613. J. Reservoir No. 8: See 6.I., above. K. Elder Reservoir: See 6.I., above. L. Douglas Reservoir: See 6.I., above. M. Cobb Lake: See 6.I., above. N. Chambers Lake: Water Supply & Storage Company, P.O. Box 1584, Ft. Collins, CO, 80522. O. WSSC Reservoir No. 2 & 3: See 6.N., above. P. WSSC Reservoir No. 4: See 6.N., above. Q. WSSC Reservoir No. 1: See 6.N., above. R. WSSC Reservoir No. 5: See 6.N., above. S. Lindemeier Lake: See 6.N., above. T. Black Hollow Reservoir: See 6.N., above. U. Kluver Reservoir: See 6.N., above. V. Curtis Lake: See 6.N., above. W. Long Draw Reservoir: See 6.N., above. X. North Poudre Reservoir No. 1: North Poudre Irrigation Company, P.O. Box 100, Wellington, CO 80549. Y. North Poudre Reservoir No. 2: See 6.X., above. Z. North Poudre Reservoir No. 3: See 6.X., above. AA. North Poudre Reservoir No. 4: See 6.X., above. BB. North Poudre Reservoir No. 5: See 6.X., above. CC. North Poudre Reservoir No. 6: See 6.X., above. DD. North Poudre Reservoir No. 15: See 6.X., above. EE. North Poudre Reservoir No. 13: See 6.X., above. FF. Mountain Supply Reservoir No. 16: See 6.X., above. GG. Mountain Supply Reservoir No. 18: See 6.X., above.

08CW278 The Consolidated Mutual Water Company, 12700 West 27th Avenue, PO Box 150068, Lakewood, Colorado 80215, through their attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Kara Godbehere Goodwin, Atty. Reg. #36742, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APLICATION FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 2. Structure: Fairmount Reservoir 3. Description of Conditional Water Right: 3.1 Original decree: Case No. 91CW92. 3.2 Last finding of diligence: Case No. 99CW203. 3.3 Location (place of storage): In the NE, section 24, T3S, R70W, 6th P.M., Jefferson County. 3.4 Point of diversion: Headgate of the Agricultural Ditch, located on the south bank of Clear Creek in the City of Golden, in the southwest quarter, Section. 27, Township 3 South, Range 70 West, 6th p.m., Jefferson County, State of Colorado. 3.5 Source: Clear Creek, a tributary of the South Platte River. 3.6 Appropriation date: July 16, 1991. 3.7 Use: All beneficial uses, including municipal, irrigation, domestic, mechanical, commercial, industrial, recreation, fish and wildlife, augmentation and replacement and any other use necessary, desirable or incident to the operation of The Consolidated Mutual Water Company’s water system. 3.8 Amount: 990 acre feet, of which 336.26 acre feet is absolute, and 653.74 acre feet remains conditional. 4. Outline of work toward completion of the appropriation: All facilities were completed prior to this diligence period. Water was diverted in priority, stored and subsequently used in 2005 and 2007. Amounts used: 2005 0.45 acre feet; 2007 235.27 acre feet. Water was also stored under other water rights up to the full capacity of the reservoir. Maintenance of reservoir property and equipment: $61,007.07. 4.4 Water treatment plant improvements: $25 million. 4.5 Expansion of Maple Grove service area: $12 million. 4.6 Distribution system maintenance and replacement: approximately $1.4 million per year. 4.7 The work and expenditures listed are illustrative and not exhaustive. Additional work and additional or revised expenditures may be claimed in support of this application. 5. Owner of lands on which new facilities will be built or water impounded: NA. 6. To the extent, if any, that water is diverted in priority and used after the date of this application, Consolidated may claim additional amounts absolute without further publication of notice. 08CW279 Pine Creek Water Development Company, 5937 Greenridge Circle, Fort Collins, Colorado 80525. Application for Finding of Reasonable Diligence in LARIMER COUNTY. 2. Conditional Water Right. 2.1. Name of Structure. Killpecker Pipeline. 2.2. Decrees. Case No., 85CW222, 00CW041, Water Division No. 1. 2.3. Legal Description of Diversion Point. The headgate is located on Killpecker Creek at a point 950 feet West and 200 feet south of the Northeast corner of Section 32, Township 10 North, Range 74 West of the 6th P.M., Larimer County, Colorado. 2.4. Source of Water. Killpecker Creek, Cache La Poudre River. 2.5. Appropriation. August 19, 1985. 3. Amount. 15 c.f.s., conditional. 4. Use. Domestic, municipal, commercial and irrigation of 150 acres, conditional, in the Red Feather community by means of direct use, storage, augmentation or exchange. 5. Operation. The water will be diverted through Killpecker Pipeline to a point on North Lone Pine Creek above the headgate of the Mitchell Ditch; thence carried through the ditch to the Red Feather Lakes community and may be stored in Erie Lake, Nakomis Lake, Hiawatha Lake, Lake Ramona, Letitia Lake (Deer Lake), Snake Lake, Shagwa Lake, Columbine Lake, Apache Lake and Papoose Lake. 6. Outline of What Has Been Done Toward Completion. 6.1. Applicant secured a special use permit from the U.S. Forest Service which allows access on Forest Service lands to install and operate a gauging station. 6.2. Applicant installed a gauging station on Killpecker Creek and has collected stream flow data for the years 2001 through 2008. 6.3. Applicant completed a preliminary design for the pipeline. 6.4. Applicant retained a geologist to investigate the stability of a rock field through which the proposed pipeline must pass. 6.5. Applicant expended at total of $35,427.55 during the diligence period. $28,816.50 for stream flow monitoring; $5,040.00 for engineering services; $1,083.57 for legal services for engineering studies and $487.48 for the U.S. Forest Service

Permit. 7. Claim. Applicant seeks a finding of reasonable diligence. 08CW280 (2002CW039, 94CW139 and 84CW026). Town of Lochbuie, c/o Town Manager, 703 WCR 37, Brighton, CO 80603, 303-655-9308. (Steven P. Jeffers, Esq., Matthew Machado, Esq., Bernard Lyons Gaddis & Kahn, PC, P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD COUNTY. 2. Name of structures: Lochbuie Water Company Well Nos. 1, 2, 4 and 5. 3. Describe conditional water right (as to each structure) from Judgment and Decree: A) Date of original decree, case no. and court for all wells: The original decree was entered August 24, 1988, in Case No. 84CW026, and diligence decrees were entered on February 13, 1996, in Case No. 94CW139, and on December 16, 2002, in Case No. 2002CW039, District Court for Water Division No. 1. B) Legal Description: A map showing the location of the wells is attached as EXHIBIT A. i. Lochbuie Water Company Well No. 1 (Permit No. 6063-FR, Structure ID 7011) is located in the SW1/4 SE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 1000 feet from the South and 1,500 feet from the East section lines. ii. Lochbuie Water Company Well No. 2 (Permit No. R-11952-F, Structure ID 7012) is located in the SW1/4 SE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 900 feet from the South and 1,550 feet from the East section lines. iii. Lochbuie Water Company Well No. 4 (Permit No. 3033-F, Structure ID 8645) is located in the SE1/4 NE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 2,600 feet from the North and 1,200 feet from the East section lines. iv. Lochbuie Water Company Well No. 5 (Permit No. R-0196, Structure ID 8646) is located in the NW1/4 NE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 1,200 feet from the North and 1,500 feet from the East section lines. C) Source: Groundwater for all structures. D) Appropriation Date: January 31, 1984 for all structures. Amounts: Well No. 1: 4.44 cfs, 1,725 acre feet per year, CONDITIONAL; Well No. 2: 2.44 cfs, 946 acre feet per year, CONDITIONAL; Well No. 4: 2.67 cfs, 350 acre feet per year, CONDITIONAL; Well No. 5: 2.0 cfs, 264 acre feet per year, CONDITIONAL. E) Use: Municipal, domestic, industrial, commercial, irrigation, stock watering, recreation, fish and wildlife. Depth: Well No. 1: 90 feet. Well No. 2: 91 feet. Well No. 4: 72 feet. Well No. 5: 81 feet. 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: During the subject diligence period, the Town of Lochbuie has obtained a decreed augmentation plan in Case No. 04CW085 using Lochbuie Water Company Wells 1, 2, 4 and 5, a.k.a. Town of Lochbuie Well Nos. 6, 7, 4 and 5 respectively. The Town completed a replacement well for Lochbuie Water Company Well No. 1 on July 28, 2008. Copies of the well permits, well completion and test reports are attached as EXHIBIT B. Applicant has opposed other applications for water rights, changes in water rights, and plans for augmentation, including Case Nos. 02CW105, 02CW403, 02CW404, and 03CW442, and has participated in various water quality protection activities in order to protect these water rights. The Town is also assisting in the study of local aquifer characteristics and recharge capabilities near the Town’s well field. The total amount of expenditures related to the above activities during the past six years was in excess of $719,000. 5. If a claim to make absolute, water applied to beneficial use: No additional amounts are claimed absolute in this application. 6. Name and address of owner of land where structures are located or place where water will be used. Applicant owns all wells and well sites or has easements for such well sites. Water will be used within the Town’s service area. 08CW281 APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. 1. Name and address of Applicant: Will-O-Wisp Metropolitan District (“Will-O-Wisp” or the “District”), 956 Wisp Creek Drive, Bailey, Colorado 80421. All correspondence and pleadings should be sent to both counsel: Lee H. Johnson, Reg. No. 18852, Beth Ann J. Parsons, Reg. No. 32128, Carlson, Hammond & Paddock, LLC, 1700 Lincoln Street,

Suite 3900, Denver, Colorado 80203-4539. Telephone: (303) 861-9000, and Richard W. Toussaint, Reg. No. 9217, Toussaint, Nemer & Coaty, P.C., 32065 Castle Court, Suite 150, Evergreen, Colorado 80439. Telephone: (303) 674-0800. 2. Name of Structures: Glasman Ditch No. 2. 3. Description of conditional water right: A. Date of Original Decree: December 31, 1984, Case No. 83CW002, Water Court, Division 1, State of Colorado. B. Location: In the NE1/4SW1/4 Section 26, Township 6 South, Range 72 West of the 6th P.M., Park County. The decreed location of the headgate is further described as “at a point whence the W1/4 Corner of Section 26 bears North 52̊ 44’ West, 2030 feet.” C. Source: Elk Creek, a tributary to the North Fork of the South Platte River. D. Appropriation Date: August 31, 1981 for 0.70 c.f.s. E. Use: Domestic, commercial, irrigation, piscatorial, recreational and municipal. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. A. Will-O-Wisp operates an integrated Water Supply System under § 37-92-301(4)(b), C.R.S., including the Glasman Ditch No. 2 water right. During the diligence period, Will-O-Wisp has continued the development of its Water Supply System. Activities have included defending various lawsuits, permitting work related to water supply components, including, but not limited to, work on the 1041 permit application and the associated pipeline to convey water diverted from Elk Creek to the District, obtaining property interests related to the same, ongoing operation of the Water Supply System, work on a master plan for the District’s water supply needs and analysis of increased water supply opportunities. The District has incurred substantial costs during the diligence period related to these activities. B. During the diligence period, the District continued its efforts related to permitting, obtaining property interests for, and designing a new diversion structure on Elk Creek and a pipeline necessary for conveyance of Elk Creek water to the District. The District obtained approval of its 1041 Permit during the diligence period. Costs in excess of $300,000 related to these activities were incurred during the diligence period. C. During the diligence period, the District has conducted surveys and studies related, in part, to the Glasman Ditch No. 2 water right, including, but not limited to, wetlands surveys, flow determinations and environmental studies, land surveys and preliminary design activities. Costs associated with these activities have been incurred during the diligence period. D. During the diligence period, the District has completed preliminary engineering design work related to the Elk Creek diversion structure and pump station. In addition, the District has initiated final engineering design work on the pipeline to convey water to the District. These structures will be utilized in connection with diversions and beneficial use of the Glasman Ditch No. 2 water right. In addition, the District has initiated final engineering design on improvements to the water treatment system needed to incorporate surface diversions from Elk Creek into the District’s drinking water system. Engineering costs related to the design and permitting work related to these structures have exceeded $350,000.00 during the diligence period. E. As indicated above, the source of water for the Glasman Ditch No. 2 water right is from Elk Creek, a tributary to the North Fork of the South Platte River. The legal description of the location of the Glasman Ditch No. 2 headgate pursuant to Case No. 83CW002 is in the NE1/4SW1/4 Section 26, Township 6 South, Range 72 West of the 6th P.M., Park County. During the diligence period, the District has obtained property interests, designed a diversion structure and obtained 1041 permit approval for the Glasman Ditch No. 2 diversion structure to divert water at a point on the south bank of Elk Creek in the NE1/4SW1/4 Section 26, Township 6 South, Range 72 West of the 6th P.M., Park County. In addition, the District prosecuted Case No. 06CV320, Division B, Park County District Court, State of Colorado, a condemnation case concerning property interests related to the diversion structure and pump station associated with the Glasman Ditch No. 2 water right. By letter dated July 18, 2007, the District has obtained written acknowledgment of water right administration from the Division Engineer’s Office for the Glasman Ditch No. 2 water right. Costs associated with these efforts have been incurred during the diligence period. F. During the diligence period, the District has obtained the necessary property interests associated with the construction of the diversion structure, pump station and pipeline from Elk which will be used to

transport water to the District. A pump station and pipe line is necessary to convey water diverted from Elk Creek to the District. Costs associated with these activities have been incurred during the diligence period. G. During the diligence period, Will-O-Wisp conducted studies regarding water availability and feasibility regarding diversions from Elk Creek. These efforts have included updated flow calculations on Elk Creek for incorporation into the District’s planning process, a review of prior engineering reports, and water availability studies. Said flow calculations are relevant for diversions from Elk Creek. The District has incurred both legal and engineering expenses during the diligence period in connection with these activities. H. During the diligence period, the District has prepared a 404 permit application concerning the Elk Creek diversion structure and submitted the same to the Army Corps of Engineers for review. Costs associated with these activities have been incurred during the diligence period. I. During the diligence period, the District applied for membership with the South Platte Water Related Activities Program, Inc., (SPWRAP), a Colorado nonprofit corporation established by Colorado water users for the purpose of representing water users’ interests and partnering with the State of Colorado to implement the Platte River Recovery Implementation Program (PRRIP) in central Nebraska. SPWRAP’s stated goals include assisting in the “recovery of species listed as threatened or endangered under the Endangered Species Act (ESA) through the development and operation of the Colorado Program component of the Platte River Recovery Implementation Program (PRRIP) in a manner that ensures the State of Colorado’s compliance with PRRIP.” This program potentially offers Colorado water users an option to address ESA issues on the Platte River related to the diversion and use of existing water rights and the development of new sources of water, including the Glasman Ditch No. 2 conditional water right. Membership application expenses were incurred during the diligence period. J. During the diligence period, the District has defended several lawsuits directly related to its Water Supply System. These suits included Case No. 07CW45, Water Court, Water Division No. 1, State of Colorado, and Case No. 05CV302, Park County District Court, State of Colorado. In addition, during the diligence period, the District prosecuted Case No. 06CV320, Division B, Park County District Court, State of Colorado, the condemnation case for land interests related to the Glasman Ditch No. 2 delivery system, discussed above. 5. Water Applied to Beneficial Use: N/A 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The District now holds recorded easements for the diversion facilities located on Elk Creek. On information and belief, said easements are located on lands currently owned by David William Brown Living Trust, 665 Meadow Drive, Pine, Colorado 80470, and Mary and Douglas Windemuller, 350 Meadow Drive, P.O. Box 609, Pine, Colorado 80470. The District has an immediate possession order for an easement and fee ownership related to the pump station. The immediate possession order applies to lands held by Magness Land Holdings, LLC, 1200 17th Street, #660, Denver, Colorado 80202. WHEREFORE, Will-O-Wisp requests the Court to enter its decree and ruling as follows: To make a finding of reasonable diligence with respect to the conditional water right decreed for the Glasman Ditch No. 2 in Case No. 83CW002 and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence. Application is 5 pages. 08CW282 (86CW385 and 02CW4). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD COUNTY, COLORADO. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF EQUUS FARMS, INC., DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, 901 Ninth Street, P.O. Box C, Greeley, Colorado 80632. 1. Name, address and telephone number of applicant: Equus Farms, Inc. 2400 Anaconda Tower, 555 17th Street, Denver, CO 80202, (303) 298-1000. Direct all pleadings to:

Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structure: Stagecoach Reservoir. 3. Description of conditional water rights: Stagecoach Reservoir was decreed a water storage right for 80 acre feet with an appropriation date of March 1, 1986 by decree of this Court dated May 31, 1989 in Case No. 86CW385. The Reservoir is located in the S1/2 of Section 17, Township 4 North, Range 62 West, 6th P.M., Weld County, Colorado. The outlet of the Reservoir is in the SE1/4 of the SE1/4 of said Section 17, at a point approximately 1,080 feet North and 0 feet West of the Southeast corner of said Section 17. The Reservoir is fed by water diverted by the Bijou Canal from the South Platte River at a point in the NE1/4 of Section 13, Township 4 North, Range 63 West, 6th P.M., which bears South 5� West 600 feet from the Northeast corner of said Section 13; water is then diverted into the Corona Ranch Ditch and delivered to the Reservoir. The Reservoir was decreed absolute for irrigation of 166 acres in the SW1/4 of Section 16, SE1/4 of Section 17 and N1/2 of Section 22, Township 4 North, Range 62 West, 6th P.M., recreational, piscatorial and wildlife habitat purposes. The right was decreed and remains conditional for irrigation on an additional 1,044 acres, releases for augmentation and replacement, and recharge credit. Previous findings of reasonable diligence with respect to these conditional uses have been obtained in Case Nos. 95CW103 and 02CW4. 4. Detailed outline of work done toward complete of the appropriation: Since the last diligence decree was entered in December 2002, applicant has undertaken the following specific activities which demonstrate diligence with regard to the subject conditional uses: (a) Applicant continued to operate, maintain and improve Stagecoach Reservoir. (b) Applicant commissioned Nation Engineering Services LLC to design outlet works from the outlet canal system of Stagecoach Reservoir to the South Platte River, and such outlet work was constructed so as to allow releases from the Reservoir to be delivered to the South Platte River for augmentation and replacement purposes. (c) A continuous flow measurement device was designed, purchased and installed to record any and all Reservoir releases to the South Platte River. (d) Applicant continued to operate the augmentation plans decreed in Case Nos. 86CW386 and 87CW052 under which Stagecoach Reservoir is a decreed augmentation source. (e) Applicant continues to evaluate means of delivering water from the Reservoir for the irrigation of additional acreage. (f) Applicant participated as an objector in numerous water court applications to protect its water rights, including the subject conditional water right. WHEREFORE, applicant requests that the Court enter a finding of reasonable diligence with respect to the conditional water uses described herein. 08CW283 BUFFALO SCHOOL DISTRICT RE-4J, c/o Mike Hettinger, P.O. Box 198, Merino, CO 80741, (970) 522-7842. (Veronica A. Sperling, Buchanan and Sperling, P.C., 7703 Ralston Road, Arvada, CO 80002, (303) 431-9141). APPLICATION FOR UNDERGROUND WATER RIGHT, IN LOGAN COUNTY. Name of well and permit number: School District North Well No. 1; Permit No. 5496-F. Legal description of well: In the NW1/4 SE1/4 of Section 13, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado, approximately 1660 feet from the east section line and 1380 feet from the south section line of said Section 13 (GPS location in UTM format, Zone 13, Meters Datum NAD27, points averaged: Northing 4482397, Easting 639242). The approximate location of the well is shown on the map attached to the application as Appendix 1. Source: Groundwater tributary to the South Platte River. Depth: 67 feet. Date of appropriation: April 23, 1964. How appropriation was initiated: Application for and issuance of well permit, followed by construction of well and application of water to beneficial use. Date water applied to beneficial use: May 31, 1964. Amount claimed: 50 gpm, ABSOLUTE. Use: Irrigation of approximately 30 acres in the NW1/4 SE1/4, Section 13, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Remarks: The subject well is included in the Pawnee Well Users, Inc. plan for augmentation decreed in Case No. 2004CW46, District Court, Water Division 1, and out-of-priority depletions associated with the operation of the subject well are replaced in accordance with the terms and conditions of that decree.

08CW284 Mountain Mutual Reservoir Company, P. O. Box 27567, Lakewood, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION TO MAKE ABSOLUTE CONDITIONAL EXCHANGE WATER RIGHTS. IN PARK AND JEFFERSON COUNTIES. 2. Names of Structures: MMRC Exchange No. 3 and MMRC Exchange No. 4. 3. Description of Conditional Water Rights: A. Date of Original Decree: October 11, 2002. Case No. 2000CW174. Court: District Court, Water Division 1. B. Location: The reach of the stream system affected by the exchanges can be described as follows: MMRC Exchange No. 3: Stream segments impacted by the exchange are portions of Deer Creek and the North Fork of the South Platte River. The downstream point of the exchange is the confluence of Deer Creek and the North Fork of the South Platte River located in the NE 1/4 NW 1/4, Section 36, Township 7 South, Range 72 West, 6th P.M., Park County. The upstream point of the exchange is the headgate of the filler Ditch for Maddox Reservoir located on the North bank of the North Fork of the South Platter River in the NW 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County, at a point approximately 1,240 feet East and 1,740 feet North of the Southwest Corner of said Section 22. The exchange can more particularly be described as operating from the historic headgate of the Nickerson Ditch No. 2 on Deer Creek in the SW 1/4 SE 1/4 of Section 9; continuing downstream on Deer Creek to its confluence with the North Fork of the South Platte River; and thence up the North Fork of the South Platte River to the headgate of the filler Ditch for Maddox Reservoir as described above. MMRC Exchange No. 4: Stream segments impacted by the exchange are portions of Deer Creek, the North Fork of the South Platte River, the South Platte River, the Middle Fork of the South Platte River and Sacramento Creek. The downstream point of the exchange is the confluence of the North Fork of the South Platte River and South Platte River located in the SE 1/4 of Section 25, Township 7 South, Range 70 West, 6th P.M., Jefferson County. The upstream point of the exchange is the headgate of the Platte City Placer Mine Ditch located on the East bank of Sacramento Creek in the NW 1/4 NW 1/4 of Section 32, Township 9 South, Range 77 West, 6th P.M., Park County, at a point approximately 800 feet South and 950 feet East of the Northwest Corner of said Section 32. The exchange can more particularly be described as operating from the historic headgate of the Nickerson Ditch No. 2 on Deer Creek in the SW 1/4 SE 1/4 of Section 9; continuing downstream on Deer Creek to its confluence with the North Fork of the South Platte River; continuing downstream on the North Fork of the South Platte River to its confluence with the South Platte River; thence up the South Platte River to its confluence with the Middle Fork of the South Platte River in the NE 1/4 NE 1/4 of Section 14, Township 12 South, Range 75 West, 6th P.M., Park County; thence up the Middle Fork of the South Platte River to its confluence with Sacramento Creek in the SE 1/4 SW 1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County; and thence up Sacramento Creek to the headgate of the Platte City Placer Mine Ditch as described above. C. Source: The source of water for each exchange is consumptive use water associated with the water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Nickerson Ditch water rights"), as quantified in Case No. 2000CW174. Reference is made to the Decree in Case No. 2000CW174 for more detailed information. D. Appropriation Date: August 17, 2000. E. Amount: 0.8 of a cubic foot per second, Conditional. F. Use. The water is utilized by Applicant for replacement, augmentation and exchange purposes by shareholders of Applicant pursuant to decrees entered by this Court. 4. 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, Included Expenditures. Subsequent to the entry of the Decree in October of 2002, Applicant has done the following in furtherance of the completion of the conditional exchange water right: (a) Both Maddox Reservoir and Lower Sacramento Creek Reservoir No. 1 have been refurbished. The work included the installation of an impermeable fabric liner in both structures. (b) Applicant has exchanged portions of the water rights described above to storage in both Maddox Reservoir

and the Lower Sacramento Creek Reservoir No. 1. Once stored by exchange, the water has been released to the stream system for the purposes described above. (c) Applicant has participated as an opposer in Water Court matters to ensure that the MMRC Exchange Nos. 3 and 4 are not injured. 5. Date Water Applied to Beneficial Uses: (a) The Nickerson Ditch water rights were exchanged into Maddox Reservoir at various times during June, July, August and September of 2004, September of 2005, June and July of 2006, July of 2007 and May of 2008, at rates up to and including 0.8 of a cubic foot per second. The first day the MMRC Exchange No. 3 was operated was June 18, 2004. (b) The Nickerson Ditch water rights were exchanged into the Lower Sacramento Creek Reservoir No. 1 at various times during September of 2005, July of 2006, June of 2007 and May of 2008, at rates up to and including 0.8 of a cubic foot per second. The first day the MMRC Exchange No. 4 was operated was September 4, 2004. WHEREFORE, Applicant requests that the MMRC Exchange No. 3 and the NNRC Exchange No. 4 each be made Absolute in the amount of 0.8 of a cubic foot per second for replacement, augmentation and exchange purposes. (5 pages).

08CW285 (85CW110) CAMP ID-RA-HA-JE ASSOCIATION, c/o Bernard F. Gehris, Burns, Figa & Will, P.C., 6400 S. Fiddler’s Green Circle, Suite 1000, Greenwood Village, CO 80111. APPLICATION FOR AMENDMENT TO PLAN FOR AUGMENTATION, in PARK COUNTY. 1. Camp Id-Ra-Ha-Je Association (the “Camp”), c/o John F. Obrecht, Executive Director, Box 360, Bailey, CO 80421, (303) 838-5668. 2. Introduction/Purpose of Application: The Camp operates a series of tributary wells pursuant to an augmentation plan decreed in Case No. 85CW110 (“Camp’s Augmentation Plan”). This Augmentation Plan permits the use of seven specified wells, plus up to eight other wells to supply water for 500 campers, five single family residences, livestock (equivalent to 50 horses), three swimming pools and approx. 0.6 of an acre of irrigated lawns and gardens. The Camp seeks a limited amendment to the Camp’s Augmentation Plan, to increase the number of single family residences allowed under the Camp’s Augmentation Plan from five (5) to nine (9). SUMMARY OF EXISTING DECREED PLAN FOR AUGMENTATION: 3. Decreed Structures that are currently augmented (from Previous Decree in 85CW110): A. Water supplied to the Camp via diversions from the following described structures, all of which divert groundwater tributary to Deer Creek, a tributary of the North Fork of the South Platte River: i. Camp Well 16-2 (Permit 5764), in the NW1/4 NW1/4, S16, T7S, R72W approx. 1080 feet South of the North Section line and 1190 feet East of the West Section line of said Sec. 16. ii. Camp Well 9-2 (Permit 10466), in the SW1/4 SW1/4, S9, T7S, R72W approx. 110 feet North of the South Section line and 1120 feet East of the West Section line of said Sec. 9. iii. Camp Well 9-3 (Permit 10466-A), in the SW1/4 SW1/4, S9, T7S, R72W approx. 90 feet North of the South Section line and 1110 feet East of the West Section line of said Sec. 9. iv. Camp Wells 9-1, 16-1, 17-1, and 17-2 were also included as augmented wells in the Decree in 85CW110. These wells are not currently in use, but the Camp reserves the right to replace them in the future, consistent with that decree and other applicable laws. B. The Decree in 85CW110 provides that up to eight other wells, as the Camp determines are necessary to satisfy the water requirements at the Camp, may be permitted, drilled and accounted for under the Camp’s Augmentation Plan. Any such additional wells must be located on property owned by the Camp in the E1/2 E1/2 SW1/4 and SW1/4 SE1/4, Sec. 8, the S1/2 SW1/4 SW1/4, Sec. 9, the NW1/4, Sec. 16, the N1/2 N1/2, Sec. 17 and the NE1/4, Sec. 18, all in T7S, R72W, and must be drilled and operated pursuant to the conditions of the Camp’s Augmentation Plan. The following five wells have been permitted, drilled and accounted for as five of such other allowed wells under the Camp’s Augmentation Plan: i. Camp Well 17-3 (Permit 33905-F), in the NW1/4 NE1/4, S17, T7S, R72W, approx. 250 feet South of the North Section line and 1700 feet West of the East Section line of said Sec.17. ii. Camp Well 6-3 (Permit 043259-F), in the NW1/4 NW1/4, S16, T7S, R72W, approx. 640 ft. South of the North Section line and 1160 feet East of the West Section line of said Sec. 16. iii. Camp Well 16-4

(Permit 59123-F), in the NW1/4 NW1/4, S16, T7S, R72W approx. 150 feet South of the North Section line and 400 feet East of the West Section line of said Sec. 16. iv. Camp Well 16-5 (Permit 64663-F), in the NE1/4 NW1/4, S16, T7S, R72W approx. 419 feet South of the North Section line and 1325 feet East of the West Section line of said Sec. 16. v. Camp Well 16-6 (Permit 58776-F), in the SW1/4 NW1/4, S16, T7S, R72W approx. 1,800 feet South of the North Section line and 600 feet East of the West Section line of said Sec. 16. C. Source: Groundwater tributary to Deer Creek, a tributary of the North Fork of the South Platte River. 4. Augmentation Water Rights (from Previous Decree in Case Nos. 85CW110). In order to provide the necessary replacement water to the stream system, the Camp entered into a Water Purchase Agreement with North-Fork Associates for the purchase of 84 shares of the capital stock of Mountain Mutual Reservoir Company, a non-profit Colorado corporation (“MMRC”). As the holder of the shares, the Camp is entitled to receive 2.65 acre-feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. A. MMRC owns the following water rights, portions of which are used to meet Camp Id-Ra-Ha-Je's annual augmentation requirements as decreed in 85CW110. All water rights in the Camp’s Augmentation Plan that were owned by North Fork Associates have been assigned to MMRC. (1) Guiraud 3T Ditch. MMRC owns 1.5 cubic feet per second of the water rights decreed to the Guiraud 3T Ditch. The Guiraud 3T Ditch headgate is located on the South bank of the Middle Fork of the South Platte River in the NE1/4, S8, T11S, R76W, Park County, Colo., at a point whence the Northeast Corner of the NE1/4 of said Sec. 8 bears North 63 Deg. 35' East, 1,305 feet. Adjudication Date: October 18, 1889, Appropriation Date: July 1, 1867. Originally decreed for irrigation uses, this water right has been subject to various change proceedings and has been changed to allow augmentation use, including that decreed in 85CW110. (2) Spinney Mountain Reservoir. MMRC has entered into a contract with the City of Aurora which calls for a guaranteed annual delivery of 80 acre-feet of water stored in Spinney Mountain Reservoir. A storage decree for the reservoir has been entered for domestic, irrigation, municipal and other beneficial uses. Said Reservoir is located on the South Platte River, with the left abutment of the dam being at a point whence the Southwest Corner of Sec. 36, T12S, R74W, 6th P.M., Park County Colo., bears S. 23 Deg. 26' W., a distance of 8314.3 feet. Adjudication Date: 1973 (Case No.W-7395): Appropriation Date: March 26, 1973. (3) Lower Sacramento Creek Reservoir No. 1. The Reservoir is located in the NE1/4 NW1/4, Sec. 32 and SE1/4 SW1/4, Sec. 29, T9S, R77W, Park County, Colo. MMRC owns a 25.2% interest in the Lower Sacramento Creek Reservoir No. 1. Adjudication Date: 1974 (Case No. W-7741-74) Appropriation Date: July 25, 1974. (4) NOTE: The decree in 85CW110 also identified Jefferson Lake Reservoir and Woodside Reservoir as potential sources of augmentation water under the Camp’s Augmentation Plan. Neither has ever been utilized as a source of augmentation water under the Camp’s Augmentation Plan, and neither is included as a source of water in this amended application. Woodside Reservoir is no longer owned by MMRC. MMRC no longer has any contractual rights to use Jefferson Lake Reservoir. MMRC has sufficient water available from the sources listed in sub-paragraphs A.1, A.2 and A.3 listed above to satisfy the augmentation needs of the Camp. B. MMRC has assigned, for the Camp’s benefit and use in its Augmentation Plan, 0.058 cfs of the 1.5 cfs of Guiraud 3T Ditch priority above described. The 0.058 cfs of the Guiraud 3T Ditch priority utilized in the Camp’s Augmentation Plan required dry-up of 0.84 acres of lands historically irrigated under the Guiraud 3T Ditch and yields 1.26 acre-feet of augmentation water each year. Said acres have been surveyed and monumented. The 1.26 annual acre-feet of augmentation and replacement water produced by this dry-up compensates for irrigation season depletions when the Guiraud 3T Ditch right is in priority and for transportation charges of 0.13% per mile for the 86 stream miles between the headgate of the Guiraud 3T Ditch and South Platte, Colorado. C. When the Guiraud 3T Ditch is not in priority and during the non-irrigation season, MMRC has the option of providing Camp Id-Ra-Ha-Je’s replacement water from Spinney Mountain Reservoir or Lower Sacramento Creek Reservoir No. 1. MMRC utilizes Spinney

Mountain Reservoir as the primary source of providing Camp Id-Ra-Ha-Je’s replacement water either during those times when the Guiraud 3T Ditch is not in priority or during the non-irrigation season. MMRC has assigned, for the Camp's benefit and use in its Augmentation Plan, its rights to 1.48 acre-feet of the annual water deliveries from Spinney Mountain Reservoir. D. Lower Sacramento Creek Reservoir No. 1 may not fill each year under its own priority, which may, in some years, necessitate the exchange of MMRC’s Spinney Mountain Reservoir water into Lower Sacramento Creek Reservoir No. l. Transportation charges shall be assessed against the delivery of augmentation water from storage to replace depletions at the Camp and to exchange water from Spinney Mountain Reservoir to the Lower Sacramento Reservoir No. 1. The specific charge will vary depending upon the point of release and the point of delivery and is determined as set forth in the exhibits to the Decree in 85CW110. E. Reservoir releases for depletion make-up during the non-irrigation season, and during any time periods when the Guiraud 3T Ditch water right is out-of-priority during the irrigation season, may be aggregated as decreed in 85CW110. F. Since the point of depletion associated with Camp Id-Ra-Ha-Je's out-of-priority diversions is upstream of the point of delivery of the augmentation water, the Camp has an appropriative right of substitute supply and exchange, decreed in 85CW110 pursuant to C.R.S. § 37-80-120, between points along two unnamed tributaries of Deer Creek in Sections 8, 9, 17 and 18, T7S, R72W, and the confluence of the North Fork and the main stem of the South Platte River. Said appropriative right is administered with a priority date of March 4, 1985, at the rate of up to 1.0 cfs to the extent of 2.65 acre-feet per year, pursuant to the Decree in 85CW110. 5. Operation and Administration of Existing Plan for Augmentation as Decreed in 85CW110: A. The actual depletions for the Camp are calculated pursuant to the Decree in 85CW110, based on the following decreed usage and depletion factors: i. Guest campers using 30 gallons per person per day. ii. Resident staff members using 80 gallons per person per day. iii. The various types of livestock, after conversion to horse equivalents, will consume 10 gallons per horse equivalent animal per day. iv. The annual filling of up to three swimming pools (not yet built), requiring approx. 140,000 gallons. v. Irrigation of approx. 2,000 sq. ft. of lawn grass and 4000 sq. ft. of gardens requiring approx. 52,000 gallons/year. B. Projected total water depletions associated with the Camp are no more than 2.65 a-f/yr. This figure is established by the Decree in 85CW110, based on the following assumptions and criteria: i. Wastewater from in-building usage is treated by non-evaporative septic systems using soil absorption leach fields. Consumption will be no more than ten percent (10%) of gross water usage for in-building purposes. Should a central mechanical type of wastewater treatment process be used by the Camp in the future, the consumption figure would be no more than five percent (5%) of gross water usage for in-building purposes. ii. Water provided for any livestock will be totally consumed. iii. Irrigated lawn grass at the Camp consumes 1.6 a-f/irrigated acre/year. iv. Irrigated gardens at the Camp consume 0.4 a-f/irrigated acre/year. v. Evaporation loss from the open water surfaces of the swimming pools is 1.5 acre-feet per acre of open water surface per year, or a maximum of 50,000 gallons per year. The Camp has adequate augmentation water supplies from the above-described sources to replace these depletions (assuming the diversion facilities described in Paragraph No. 3 are out-of-priority the entire year). C. The Camp has installed totalizing flow meters on the existing wells described above, and will install totalizing flow meters to measure diversions from all sources which are used to supply water for the Camp. No later than April 1 of each year, the Camp determines the total number of acres of lawns and gardens to be irrigated during the irrigation season. The Camp will also calculate the total surface area of the swimming pools. Depending upon the method of wastewater treatment that is used, as described in ¶ 5.B(i) above, either five percent (5%) or ten percent (10%) of all water used for in-building purposes shall be deemed to have been consumed and shall constitute the maximum water depletion associated with in-building water use. The total area of lawns irrigated, multiplied by 1.6 acre-feet per acre, and the total area of gardens irrigated, multiplied by 0.4 of an acre foot per acre, shall constitute the maximum annual water depletion associated with exterior irrigation. It is

assumed that stream depletions attributable to irrigation operations occur in equal amounts per day throughout the irrigation season. Evaporation losses from the open water surfaces of the swimming pools shall be calculated as provided in the Decree in 85CW110. AMENDMENT OF PLAN FOR AUGMENTATION 6. Applicant seeks to amend the Camp’s Augmentation Plan only as follows: A. Applicant seeks to increase the number of single family residences that may be supplied under this plan from five to nine (9). Applicant’s current augmentation water sources are sufficient to replace all depletions resulting from the increased number of single family residences. Based on operation of the current decreed augmentation plan for more than twenty years, and utilizing the current decreed calculations for water uses and depletions, Applicant’s current augmentation water supplies are sufficient to replace all depletions as a result of this amendment. B. The Applicant requests to remove Jefferson Lake Reservoir and the Woodside Reservoir as potential sources of augmentation water under the Camp’s Augmentation Plan. 7. Applicant’s use of the structures described in 3.A and 3.B, subject to the limitations of the Camp’s Augmentation Plan decree as amended herein, will not increase the gross annual water requirements, at full use development, of 19.00 acre-feet, as decreed in 85CW110, nor increase the depletions beyond the 2.65 acre-feet of available augmentation water. All Applicant’s wells in the Deer Creek drainage basin will be subject to the maximum combined well pumping capacity of 22.5 g.p.m. as decreed in 85CW109. All depletions from Applicant’s use of its Deer Creek wells shall be replaced to the stream as required by the Decree in 85CW110 (as amended herein). 8. The Camp shall install and maintain such additional measuring devices and maintain such records as the Division Engineer may require for administration of the amended augmentation plan. 9. Except for the limited amendments described in 6.A and 6.B above, the Camp’s Augmentation Plan as previously decreed in 85CW110 shall remain in full force and effect. 08CW286 United States of America, for the use and benefit of: United States Fish and Wildlife Service, c/o Tom Jackson, Rocky Mountain Arsenal, Building 130, Commerce City, Colorado 80022,(303) 289-0538 and United States Department of the Army, c/o M. Weslyn Erickson, Rocky Mountain Arsenal, Building 129, Commerce City, Colorado 80022, (303) 289-0648 (c/o Bruce D. Bernard, Trial Attorney, U.S. Department of Justice, Environment & Natural Resources Division, 1961 Stout St., Suite 800, Denver, Colorado 80294, (303) 844-1361) APPLICATION FOR APPROVAL OF CONDITIONAL GROUNDWATER RIGHTS, FOR CHANGE OF WATER RIGHTS, AND FOR PLAN FOR AUGMENTATION in ADAMS COUNTY. 2. Prior decrees for structures: 2.a. Name of Structure: United States of America Rocky Mountain Arsenal Well No. 387. 2.a.(1) Legal description of the structure: SW1/4NW1/4, Section 4, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, at a point North 89°32´00� East, 1,138.28 feet from the West 1/4 Corner of said Section 4. 2.a.(2) Source of water: Ground water 2.a.(3) Depth of structure: 108.33 feet. 2.a.(4) Pumping rate of the structure: 750 gallons per minute (1.67 c.f.s.). 2.a.(5) Appropriation date of the structure: August 6, 1956, to which date said well is entitled to antedation as decreed in Case No. W-9160(a)-77, entered on December 16, 1994. 2.a.(6) Uses: Pursuant to said decree, the water may be used for the following industrial uses on the Rocky Mountain Arsenal property: 2.a.(6)(a) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution. 2.a.(6)(b) Supply to quench facility for Basin F remediation. 2.a.(6)(c) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination, and 2.a.(6)(d) Bioremediation. 2.a.(7) Annual Volume: Use of this well under said Decree together with the wells decreed contemporaneously in Cases Nos. W-9161-77 and W-9162-77 is limited to a combined annual volume of 466 acre-feet. 2.b. Name of Structure: The United States of America Rocky Mountain Arsenal Well No. 385. 2.b.(1) Legal Description of Structure: NE1/4NW1/4 of Section 4, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, at a point North 36°32´53� East, 2,563.17 feet from the West 1/4

corner of said Section 4. 2.b.(2) Source of water: Ground water. 2.b.(3) Depth of structure: 105.08 feet. 2.b.(4) Pumping rate of the structure: 900 gallons per minute (2.00 c.f.s.). 2.b.(5) Appropriation date of the structure: May 15, 1955, to which date said well is entitled to antedation as decreed in Case No. W-9161-77, entered on December 16, 1994. 2.b.(6) Uses: Pursuant to said Decree, the water may be used for the following industrial uses on the Rocky Mountain Arsenal property: 2.b.(6)(a) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution. 2.b.(6)(b) Supply to quench facility for Basin F remediation. 2.b.(6)(c) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination, and 2.b.(6)(d) Bioremediation. 2.b.(7) Annual Volume: Use of this well under said Decree together with the wells decreed contemporaneously in Cases Nos. W-9160(a)-77 and W-9162-77 is limited to a combined annual volume of 466 acre-feet. 2.c. Name of Structure: United States of America Rocky Mountain Arsenal Well No. 386. 2.c.(1) Legal Description of Structure: SW1/4NW1/4 of Section 4, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, at a point North 48°13´57� East, 1,490.03 feet from the West 1/4 corner of said Section 4. 2.c.(2) Source of water: Ground water. 2.c.(3) Depth of structure: 98.08 feet. 2.c.(4) Pumping rate of the structure: 900 gallons per minute (2.00 c.f.s.). 2.c.(5) Appropriation date of the structure: May 15, 1955, to which date said well is entitled to antedation pursuant to the decree entered in Case No. W-9162-77 on December 16, 1994. 2.c.(6) Uses: Pursuant to said decree, this well may be used for the following industrial uses on the Rocky Mountain Arsenal property; 2.c.(6)(a) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution; 2.c.(6)(b) Supply to quench facility for Basin F remediation; 2.c.(6)(c) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination; and 2.c.(6)(d) Bioremediation. 2.c.(7) Annual Volume: Use of this well under said Decree together with the wells decreed contemporaneously in Cases Nos. W-9160(a)-77 and W-9161-77 is limited to a combined annual volume of 466 acre-feet. 3. Conditional groundwater rights: 3.a. Name of Structure: Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 1. 3.a.(1) Legal description of the structure: SW1/4 NE1/4 Section 12, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, more particularly described as 1,488 south from the north section line and 2,586 feet west of the east section line. 3.a.(2) Source of water: Ground water. 3.a.(3) Depth of structure: 83 feet. Ground service elevation is 5,254.5 feet above MSL. 3.a.(4) Pumping rate of the structure: 900 gallons per minute (2.0 c.f.s.), conditional. 3.a.(5) Appropriation date: December 20, 2004. 3.a.(6) Describe how appropriation was initiated: By formation of intent to appropriate ground water and completion of the well as a U.S. monitoring hole. 3.a.(7) Date water was placed to beneficial use: Not applicable. 3.a.(8) Proposed uses: The water may be used for the following uses on the Rocky Mountain Arsenal National Wildlife Refuge property: 3.a.(8)(a) Maintenance of lake levels in Lower Derby Lake, Lake Ladora and Lake Mary. 3.a.(8)(b) Maintenance of wetlands. 3.a.(8)(c) Revegetation of native prairie grasses. 3.a.(8)(d) Environmental remediation, including: 3.a.(8)(d)(i) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution. 3.a.(8)(d)(ii) Supply to quench facility for Basin F remediation. 3.a.(8)(d)(iii) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination, and 3.a.(8)(d)(iv) Bioremediation. 3.a.(9) Names and addresses of the property upon which the structure is located: This well is located on land owned by the Applicant and the water will be used on land owned by the Applicant. 3.a.(10) Alternate Point of Diversion for Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 2: Applicant requests that Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 1 be decreed as an alternate point of diversion for Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 2, described in paragraph 3.b., below. 3.b. Name of Structure: Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 2. 3.b.(1) Legal Description of Structure: NW1/4 NE1/4 of Section 12, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, at a point within 200 feet of the location for the Section 12 Well No.1,

set forth in paragraph 3.a.(1), above. 3.b.(2) Source of water: Ground water. 3.b.(3) Depth of structure: up to 300 feet. 3.b.(4) Pumping rate of the structure: 900 gallons per minute (2.00 c.f.s.), conditional. 3.b.(5) Appropriation date: December 29, 2008, the date of the filing of this application. 3.b.(6) Describe how appropriation was initiated: By formation of intent to appropriate ground water and the filing of this application. 3.b.(7) Date water was placed to beneficial use: Not applicable. 3.b.(8) Proposed uses: The water may be used for the following uses on the Rocky Arsenal Mountain National Wildlife Refuge property: 3.b.(8)(a) Maintenance of lake levels in Lower Derby Lake, Lake Ladora and Lake Mary. 3.b.(8)(b) Maintenance of wetlands. 3.b.(8)(c) Revegetation of native prairie grasses. 3.b.(8)(d) Environmental remediation, including: 3.b.(8)(d)(i) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution. 3.b.(8)(d)(ii) Supply to quench facility for Basin F remediation. 3.b.(8)(d)(iii) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination, and 3.b.(8)(d)(iv) Bioremediation. 3.b.(9) Names and addresses of the property upon which the structure is located: This well is located on land owned by the Applicant and the water will be used on land owned by the Applicant. 3.b.(10) Alternate Point of Diversion for Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 1: Applicant requests that Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 2 be decreed as an alternate point of diversion for Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 1, described in paragraph 3.a., above. 4. Change of Water Right: Applicant requests that both Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 1, described in paragraph 3.a., above and Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 2, described in paragraph 3.b., above, be decreed as alternate points of diversion for each of United States of America Rocky Mountain Arsenal Well No. 387 (described in paragraph 2.a., above), United States of America Rocky Mountain Arsenal Well No. 385 (described in paragraph 2.b., above), and United States of America Rocky Mountain Arsenal Well No. 386 (described in paragraph 2.c, above). Use of said Section 12 Well No. 1 and said Section 12 Well No. 2 as alternate points of diversion will be subject to the combined annual volume limit of 466 acre-feet described above in paragraphs 2.a. (7), 2.b.(7), and 2.c.(7). Said Section 12 Well No. 1 and said Section 12 Well No. 2 will not be alternate points of diversion for the additional groundwater rights for said Rocky Mountain Arsenal Well No. 387, said Rocky Mountain Arsenal Well No. 385, and said Rocky Mountain Arsenal Well No. 386, pending in Case No. 2002CW238, Water Division No. 1. 5. Plan for augmentation: 5.a. Names of structures to be augmented: United States of America Rocky Mountain Arsenal Well No. 385, United States of America Rocky Mountain Arsenal Well No. 386, United States of America Rocky Mountain Arsenal Well No. 387, Rocky Mountain Arsenal National Wildlife Refuge Section 12 Well No. 1 and Rocky Mountain Arsenal National Wildlife Refuge Well No. 2, more particularly described in paragraphs 2 and 3, above. 5.b. Description of proposed plan of augmentation: Pursuant to this plan of augmentation, the five wells described above are expected to withdraw ground water at times when their water rights are not in priority. Depletions from water withdrawn from the wells pursuant to this application will be augmented when the water rights decreed to the wells are not in priority. Augmentation water will be provided from augmentation sources described below. 5.b.(1) Pumping of said Wells Nos. 385, 386, and 387 through 2013, and post-pumping depletions resulting from pumping said wells through 2013, are covered under the plan of augmentation currently pending in Case No. 2002CW238 and pumping prior to 2014 and post-pumping depletions resulting from pumping prior to 2014 are not subject to this new plan of augmentation. 5.b.(2) Pumping of said Section 12 Wells Nos. 1 and 2 is subject to this new plan of augmentation. 5.b.(3) Pumping of said Wells Nos. 385, 386, and 387 will be under this new plan of augmentation beginning in 2014. 5.b.(4) Beginning in 2014, pumping of said Wells Nos. 385, 386, and 387 at their originally decreed points of diversion will only occur as needed to back up or supplement pumping said Section 12 Wells Nos. 1 and 2. 5.b.(5) Net well depletions are estimated to equal the gross monthly well

depletions less the portion of lake seepage attributed to well pumping and to the portion of wetland seepage attributed to well pumping. 5.c. Sources of augmentation water are: 5.c.(1) A source of augmentation water for said Section 12 Wells Nos. 1 and 2 through 2013 and for resulting delayed depletions through 2020 may be augmentation water obtained pursuant to the contract entered into on July 11, 2001, as the same may be amended, between the United States Department of the Army and the South Adams County Water and Sanitation District, pursuant to which the South Adams County Water and Sanitation District has agreed to make its excess augmentation credits available to the United States Department of the Army, a copy of which is attached here to as Exhibit 1. 5.c.(2) A second source of augmentation water for pumping of said Section 12 Wells Nos. 1 and 2 through 2013 and for resulting delayed depletions through 2020, and the sole source of augmentation water for pumping of all five wells beginning in 2014, is augmentation water provided pursuant to the Nonpotable Water Lease Agreement for Rocky Mountain Arsenal, entered into effective April 9, 2008, as the same may be amended, between the City and County of Denver, a municipal corporation of the State of Colorado, acting by and through its Board of Water Commissioners, and the United States of America, acting through the United States Department of the Army and the United States Fish and Wildlife Service, a copy of which is attached hereto as Exhibit 2. WHEREFORE, the Applicant requests that the Court enter a decree granting the conditional water rights, granting the change of water rights and approving this Plan for Augmentation and granting such other relief as may be proper in the premises. (9 pages, 2 exhibits). 08CW287 Applicant, Lowry Environmental Protection/Cleanup Trust (“Lowry Trust” or “Applicant”), by and through its undersigned attorneys, hereby submits this Application to Amend Previously Decreed Plan for Augmentation in ARAPAHOE COUNTY (“Amendment”). The existing augmentation plan for water consumed during remediation efforts at the Lowry Landfill Superfund Site was decreed on December 24, 2004 in Case No. 98CW444 ("Existing Decree"). A copy of the Existing Decree is attached as Appendix A. Since that time, Applicant has been replacing the water consumed by its remediation activities pursuant to the Existing Decree. In the course of the remediation activities, Applicant has discovered that it is necessary to construct additional structures and extraction wells within the Site and extending north into the entirety of Section 31, T4S, R65W, 6th P.M. The Existing Decree should also be revised in order to include and accurately describe additional remediation activities and treatment processes. There is also an updated general location map of the Lowry Landfill Superfund Site ("Site") attached as Appendix B. Accordingly, the Existing Decree needs to be amended as follows: 1. Paragraph 2.C. of the Existing Decree should be revised in its entirety as set forth below in order to include the areas where additional structures and extraction wells will be constructed as part of the remediation activities: C. Any monitoring or extraction wells constructed in the following locations: 1) the Site as depicted in the attached general location map (Appendix B); 2) All of Section 6, T5S, R65W, 6th P.M., except for the land owned by Colorado Interstate Gas Company located generally in the SE1/4 of the SW1/4 of the SE1/4 of Section 6, T5S, R65W, 6th P.M.; and 3) All of Section 31, T4S, R65W, 6th P.M. As part of its remediation activities, Applicant has drilled, and may drill in the future, a variable number of monitoring or extraction wells at the Site and in Sections 6 and 31. Applicant maintains records describing the location and technical specifications of these wells, which are reported annually to the State Engineer pursuant to an agreement with the State Engineer. All monitoring or extraction wells constructed within these areas are covered by this augmentation plan. 2. A. The first two sentences of paragraph 5 of the Existing Decree should be revised as stated below in order to include the additional remediation activities covered by this amendment, as well as the previously described activities covered by the Existing Decree: The Applicant is performing remediation at the Lowry Landfill Superfund Site, and surrounding areas, described as follows: 1) The Site as depicted in the attached general location map (Appendix B); 2) All of Section 6, T5S, R65W, 6th P.M., except for the land

owned by Colorado Interstate Gas Company located generally in the SE1/4 of the SW1/4 of the SE1/4 of Section 6, T5S, R65W, 6th P.M.; and 3) All of Section 31, T4S, R65W, 6th P.M., Arapahoe County, Colorado. B. The first five sentences of the second subparagraph of paragraph 5 of the Existing Decree should be revised as stated below, in order to include and accurately describe the previous and additional remediation activities covered by those sentences: The extracted ground water can be handled in two manners. A portion of the extracted ground water may be treated on site, and then discharged into an injection trench and/or other tributary wells in the general vicinity. Both the injection trench and other tributary wells are or will be located downgradient of the cutoff wall, and are located within the Site and north of the cutoff wall in Section 31, T4S, R65W. The on-site treatment has consisted of softening/pH adjustment, fixed film bioreactor, UV oxidation, and granular activated carbon filtration. There is no consumptive use of water associated with these treatment processes. C.The second sentence of the fifth subparagraph of paragraph 5 of the Existing Decree should be revised as stated below, in order to include and accurately describe the previous and additional remediation activities covered by that sentence: The remaining 5% of the ground water delivered for treatment shall be replaced by discharging fully consumable water from East Cherry Creek Valley Water and Sanitation District and/or the nontributary Arapahoe Aquifer well into the existing on-site injection trench and/or other tributary wells in the general vicinity. 3. Other than the changes described above, no other changes to the Existing Decree are being requested. By filing this Application, it is not the intent of the Applicant to reopen the Existing Decree, but just to add the limited features described above. 4. Name(s) and Address(es) of Owner(s) of Land on Which Structures Are Located. All land upon which all structures will be constructed is owned either by the Applicant or by the City and County of Denver, which is a co-trustee in the Lowry Environmental Protection/Cleanup Trust and is cooperating with the Applicant. 5. Request for Relief. Applicant requests that the court enter a decree which determines that the above-described amendments to the Existing Decree will not injuriously affect the owners of any decreed water rights or conditional water rights, approves this application, and adds these amendments to the Existing Decree. 2 pages. 08CW288 ST. MARY’S GLACIER WATER AND SANITATION DISTRICT, c/o Frederick Huff, 1350 Seventeenth Street, Suite 100, Denver, Colorado 80202, (303) 534-8318. (Attorney: Veronica A. Sperling, Buchanan and Sperling, P.C., 7703 Ralston Road, Arvada, CO 80002, (303) 431-9141). APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE PARTIALLY ABSOLUTE, IN CLEAR CREEK COUNTY. Names of structures: St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5) - Permit No. 23293-F; St. Mary’s Well No. 4 - Permit No. 053328-F; St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3) - Permit No. 056389-F. Describe conditional water rights giving the following from the Referee’s Ruling and Judgment and Decree: Date, Case No. and Court of original decree: April 8, 1975; Case No. W-7825-74; District Court, Water Division No. 1. Location: St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5) - Permit No. 23293-F: In the NW1/4SE1/4, Section 35, Township 2 South, Range 74 West of the 6th P.M., Clear Creek County, at a point 1700 feet North and 2500 feet West of the SE Corner, Section 35; St. Mary’s Well No. 4 - Permit No. 053328-F: In the SE1/4SW1/4, Section 35, Township 2 South, Range 74 West of the 6th P.M., Clear Creek County, at a point 130 feet North and 2250 feet East of the SW Corner, Section 35; St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3) - Permit No. 056389-F: In the SE1/4NW1/4, Section 2, Township 3 South, Range 74 West of the 6th P.M., Clear Creek County, at a point 1500 feet South and 1700 feet East of the NW Corner, Section 2. Source: Groundwater, tributary to Clear Creek. Appropriation date: December 20, 1974. Amount: St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5) - Permit No. 23293-F: 0.06 cfs (27gpm) ABSOLUTE; 0.16 cfs (73 gpm) CONDITIONAL; St. Mary’s Well No. 4 - Permit No. 053328-F: 0.22 cfs (100 gpm) CONDITIONAL; St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3) - Permit No. 056389-F: 0.22 cfs (100 gpm) CONDITIONAL. Use: Domestic, commercial, industrial, municipal, and non-consuming recreational together with St.

Mary’s Well No. 1-13050-F and St. Mary’s Well No. 2-12482-F. Depth: St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5) is approximately 90 feet deep; St. Mary’s Well No. 4 has not been constructed; St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3) is approximately 134 feet deep. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures: Applicant is a quasi-municipal water and sanitation district organized pursuant to statute to provide water and sewer service to its inhabitants. Development of its system is keyed to its service plan report, which provides for development of the water rights used to serve the District over a period of years. The water rights involved in this application are part of an overall comprehensive plan for development by applicant. During the diligence period, a pump was installed in St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3) and the well was connected to the District’s water distribution system, at a cost of approximately $30,000. Thereafter, water was pumped from St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3), at a maximum rate of 0.20 cfs (90.9 gpm), and was placed to beneficial use for the decreed purposes. During the diligence period, water was pumped from St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5) at a maximum rate of 0.08 cfs (35.5 gpm), which exceeds the amount previously decreed absolute, and was thereafter placed to beneficial use. In addition, during the diligence period, thirty (30) new taps were added to the District’s water system, approximately $1,000,000 were expended for operation, maintenance and repair of the existing water system, capital costs of $642,021 were incurred for construction of improvements to the existing water system, and the District also incurred legal and engineering costs associated with the development of the water system that total approximately $100,000. The projects associated with these expenses include work associated with water system repair, well completion, evaluation and revision of tap and fee structures, effort spent obtaining grant and loan funding for water system improvements, construction of Water Tank 1 (a 250,000 gallon water tank), construction of a new headgate structure at Lake Quivera, purchase and installation of four fire hydrants, and installation of a remote water meter reading system. As additional homes are constructed within the District, additional pumping capacity and additional wells will be utilized in accordance with applicant’s overall development plan. If claim to make absolute – water applied to beneficial use: Date, Amount, Use: St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5): February 2, 2006 and thereafter; 0.02 cfs (8.5 gpm); all decreed uses; St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3): December 4, 2006 and thereafter; 0.20 cfs (90.9 gpm); all decreed uses. Description of place of use where water is applied to beneficial use: Within the District’s boundaries. Names and addresses of owners of land upon which any new diversion or storage structure or modification to an existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: Not applicable. Remarks: The subject wells are operated pursuant to the plan for augmentation decreed in Case No. W-7648, District Court, Water Division No. 1. WHEREFORE, St. Mary’s Glacier Water and Sanitation District requests the Court to enter a decree (1) making absolute an additional 0.02 cfs (8.5 gpm) of the water right for St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5), (2) making absolute 0.20 cfs (90.9 gpm) of the water right for St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3), and (3) finding and determining that the District has exercised reasonable diligence in the development of the subject conditional water rights and continuing the remaining conditional portions of the subject water rights in full force and effect for an additional diligence period. 08CW289 The Harmony Ditch Company, 44500 County Road 64.5, Crook, Colorado 80726, Telephone: 970-886-2112. APPLICATION FOR APPROVAL OF PLAN OF AUGMENTATION IN LOGAN COUNTY. The Harmony Ditch Company is a Colorado mutual ditch company. The Harmony Ditch Company owns the Harmony Ditch, also known as the Harmony No. 1 Ditch, which is described in this application. Application for Conditional Surface Water Right. 1. Name of Water Right: Harmony Augmentation Water Right No. 2. 2. Name of

Structure: Harmony Ditch. 3. Legal Description of Each Point of Diversion: The headgate of Harmony Ditch is located in the Southwest corner of the Southwest 1/4 of Section 19, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. 4. Source: South Platte River. 5. Date of initiation of appropriation: October 31, 2007. 6. How appropriation was initiated: Inspection of diversions. 7. Date water applied to beneficial use: Not Applicable. 8. Amount Claimed: 252 c.f.s, but not more than a total of 10,000 acre feet during any period from November 1 to October 31 of the succeeding year, Conditional. 9. Use or Proposed Use: The water will be used for recharge of the alluvial aquifer, stockwatering, recreation, fish and wildlife purposes and fire protection. 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 augmentation purposes will include the designated uses and domestic, industrial and commercial uses under the Harmony Ditch system and in the Town of Crook. The water will be fully consumed during the first use of the water, or recaptured and reused until the water is fully consumed. 10. Name and Address of Owner of Land on Which Point of Diversion is Located: The headgate of the Harmony Ditch is owned by the Harmony Ditch Company. Application for Approval of Plan for Augmentation. 11. Statement of Plan for Augmentation: Pursuant to Amended Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the District Court in and for Water Division No. 1 on June 15, 2004 nunc pro tunc June 7, 2004 in Case No. 2002CW363 (ACase No. 2002CW363 Decree@), the Court determined the Harmony Augmentation Water Right and approved a plan for augmentation for various wells and ground water recharge facilities. This plan for augmentation contemplates adding additional ground water recharge facilities that will be utilized pursuant to the Case No. 2002CW363 Decree and pursuant to the terms and conditions of this Application. The ground water recharge completed pursuant to this Application will be used for the replacement of depletions associated with operation of the wells described in the Case No. 2002CW363 Decree. Water will be diverted under the conditional Harmony Augmentation Water Right No. 2 sought in this application and under the Harmony Augmentation Water Right decreed in the Case No. 2002CW363 Decree will be used for (1) direct irrigation and other beneficial uses, or (2) carried in or diverted into recharge facilities described in this application and in the recharge facilities described in the Case No. 2002CW363 Decree. Water may also be released from Prewitt Reservoir, pursuant to the terms and conditions specified in the Case No. 2002CW363 Decree, and (1) delivered for direct irrigation or (2) delivered for other beneficial uses, not including irrigation, or (3) carried and/or diverted into recharge facilities described in the Case No. 2003CW363 Decree and the recharge facilities described in this Application, or (4) delivered to the South Platte River for replacement of depletions. 12. Description of Structures to be Augmented: All structures augmented pursuant to the terms of the Case No. 2002CW363 Decree will be augmented pursuant to operation of this plan for augmentation. 13. Description of Groundwater Recharge Facilities: The Harmony Ditch Company will use the following additional ground water recharge facilities for recharge of the alluvial aquifer: A. Grant Family Farms LLP Pond. 1. Owner: Grant Family Farms, LLP. 2. Owner Address: c/o Marjorie McDonnell, 1116 S. Everett Street, Lakewood, Colorado 80232. 3. Location: Recharge ponds are located in the Northwest Quarter (NW1/4) of Section 4, Township 10 North, Range 48 West of the 6th P.M., Logan County, Colorado. B. Helmsing Ponds. 1. Owner: Detta Helming. 2. Owner Address: 2580 E. State Highway 96, Pueblo, Colorado 81001. 3. Location: Recharge ponds are located in the East Half (E1/2) of Section 21, Township 11 North, Range 48 West of the 6th P.M., Logan County, Colorado. C. McKinstry 2 Ponds. 1. Owner: Walter R. McKinstry, Jr. 2. Owner Address: P.O. Box 115, Julesburg, Colorado 80737. 3. Location: Recharge ponds are located in the Northwest Quarter (NW1/4) of Section 28, Township 11 North, Range 48 West of the 6th P.M., Logan County, Colorado. D. Kautz Ponds. 1. Owner: Larry Mowery and E. Suzanne Mowery. 2. Owner Address: 30611 County Road 89, Crook, Colorado 80726. 3. Location: Recharge ponds are located in the Southwest Quarter

(SW1/4) of Section 30, Township 11 North, Range 48 West of the 6th P.M., Logan County, Colorado. E. Gander, Inc. Ponds. 1. Owner: Gander, Inc. 2. Owner Address: P.O. Box 1431, Sterling, Colorado 80751. 3. Location: Recharge ponds are located North of State Highway 138 in the West Half (W1/2) of Section 5, Township 10 North, Range 48 West of the 6th P.M., Logan County, Colorado. F. Mowery 2 Ponds. 1. Owner: Larry Mowery and E. Suzanne Mowery. 2. Owner Address: 30611 County Road 89, Crook, Colorado 80726. 3. Location: Recharge ponds located in the Southeast Quarter (SE1/4) of Section 31 in Township 11 North, Range 48 West of the 6th P.M., Logan County, Colorado. G. Atkinson and Sparks 20 Bar Ranch Ponds. 1. Owner: Sparks 20 Bar Ranch, Inc c/o Charles Atkinson. 2. Owner Address: 39281 County Road 38, Fleming, Colorado 80728. 3. Location: Recharge ponds located East of the Settlers Ditch and South of State Highway 138 in the West Half (W1/2) of Section 5, Township 10 North, Range 48 West of the 6th P.M., Logan County, Colorado. H. Atkinson and Sparks 20 Bar Ranch Ponds No. 2: 1. Owner: Sparks 20 Bar Ranch, Inc c/o Charles Atkinson. 2. Owner Address: 39281 County Road 38, Fleming, Colorado 80728. 3. Location: Recharge ponds located South of State Highway 138 in the Northeast Quarter (NE1/4) of Section 5, Township 10 North, Range 48 West of the 6th P.M., Logan County, Colorado. I. Schiller 1 Ponds. 1. Owner: Robert J. Schiller. 2. Owner Address: 45387 County Road 66, Crook, Colorado 80726. 3. Location: Recharge ponds are located in all of Section 22, Township 11 North, Range 48 West of the 6th P.M., Logan County, Colorado. J. Schiller 2 Ponds. 1. Owner: Robert J. Schiller. 2. Owner Address: 45387 County Road 66, Crook, Colorado 80726. 3. Location: Recharge ponds are located in the South Half (S1/2) of Section 26, Township 11 North, Range 48 West of the 6th P.M., Logan County, Colorado. K. Rauth 2 Ponds. 1. Owner: Jerry Rauth and Janice Clem. 2. Owner Address: 40679 Highway 138, Crook Colorado, 80726. 3. Location: Recharge ponds are located in the Northwest Quarter (NW1/4) of Section 14, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. L. Monheiser 3 Ponds. 1. Owner: John Monheiser. 2. Owner Address: 30171 County Road 75, Crook, Colorado 80726. 3. Location: Recharge ponds are located in the North Half (N1/2) of Section 15, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. M. Monheiser 4 Ponds. 1. Owner: John Monheiser. 2. Owner Address: 30171 County Road 75, Crook, Colorado 80726. 3. Location: Recharge ponds located in the Southeast Quarter (SE1/4) of Section 10, Township 10 North, Range 49 West of the 6th P.M., Logan County Colorado. N. Monheiser 5 Ponds. 1. Owner: John Monheiser. 2. Owner Address: 30171 County Road 75, Crook, Colorado 80726. 3. Location: Recharge ponds located in the South Half (S1/2) of Section 11, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. O. Monheiser 6 Ponds. 1. Owner: John Monheiser. 2. Owner Address: 30171 County Road 75, Crook, Colorado 80726. 3. Location: Recharge ponds located in the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 11, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. P. Monheiser 7 Ponds. 1. Owner: John Monheiser. 2. Owner Address: 30171 County Road 75, Crook, Colorado 80726. 3. Location: Recharge ponds are located in the Northeast Quarter (NE1/4) of Section 14, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. Q. Monheiser 8 Ponds. 1. Owner: John Monheiser. 2. Owner Address: 30171 County Road 75, Crook, Colorado 80726. 3. Location: Recharge ponds are located in the Northwest Quarter (NW1/4) of Section 13, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. R. Monheiser 11 Ponds. 1. Owner: John Monheiser. 2. Owner Address: 30171 County Road 75, Crook, Colorado 80726. 3. Location: Recharge ponds are located North of State Highway 138 in the Southwest Quarter (SW1/4) of Section 6, Township 10 North, Range 48 West of the 6th P.M., Logan County, Colorado. S. Monheiser 12 Ponds. 1. Owner: John Monheiser. 2. Owner Address: 30171 County Road 75, Crook, Colorado 80726. 3. Location: Recharge Ponds are located South of State Highway 138 in the Southwest Quarter (SW1/4) of Section 6 and in the Northwest Quarter of Section 7 all in Township 10 North, Range 48 West of the 6th P.M., Logan County, Colorado. T. Monheiser 13 Ponds. 1. Owner: John Monheiser. 2. Owner Address: 30171 County Road 75, Crook, Colorado 80726. 3. Location: Recharge Ponds

are located North of the South Platte River and West of Settlers Ditch in the South Half (S 2) of Section 7, Township 10 North, Range 48 West of the 6th P.M., Logan County, Colorado. U. Gall Ponds. 1. Owner: Hazel Gall. 2. Owner Address: 302 E. Strohm Street, Haxtun, Colorado 80731. 3. Location: Recharge ponds are located in the Southeast Quarter (SE1/4) of Section 12, all in Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. V. Ring Ponds. 1. Owner: Bradley Ring. 2. Owner Address: 16255 Del Ray Court, Brighton, Colorado 80603. 3. Location: Recharge Ponds are located in the South Half (S2) of the Northwest Quarter (NW1/4) and the Southwest Quarter (SW1/4) of Section 2, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. W. Wickman Ponds No. 2. 1. Owner: Estate of Harry Wickman. 2. Owner Address: 7703 Ralston Road, Arvada, Colorado 80002. 3. Location: Recharge Ponds are located in the South Half (S 2) of Section 1, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. The Harmony Ditch Company has or will have an agreement with the landowner to use the recharge facilities. Some of the agreements with the landowners provide for the landowner receiving a portion of the water delivered to the recharge facility. The water delivered to the landowner may be used for any of the purposes authorized by the decree entered in this case. 15. Description of Plan for Augmentation. The Harmony Ditch Company proposes to operate this plan for augmentation on the same terms and conditions as the augmentation plan approved in the Case No. 2003CW363 Decree. However, the Harmony Ditch Company reserves the right to propose alternative methodologies in this proceeding based on information developed during this case. WHEREFORE, The Harmony Ditch Company requests that the Court grant this application and enter a decree in conformance therewith. (Total of 10 pages). 08CW290 Applicant: City and County of Denver acting by and through its Board of Water Commissioners, 1600 W. 12th Avenue, Denver, Colorado, 80204-3412, 303-628-6460. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE in BOULDER AND JEFFERSON COUNTIES. 1. Name of structure: Gross Reservoir, Ralston Creek Reservoir, South Boulder Diversion Conduit and Denver Power Conduit No.1 Type: Reservoirs, hydroelectric facility and diversions structures. 2. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: September 28, 1953, Case No. 12111 Court: Boulder County District Court. B. Location: Legal description: The dam of Gross Reservoir is located in Tracts 48 and 49, Township 1 South, Range 71 West of the 6th Principal Meridian (where the north half (N1/2) of the southeast quarter (SE1/4) of Section 20 of Township 1 South, Range 71 West of the 6th

Principal Meridian would be located by ordinary survey practices) and creates a reservoir covering parts of Tracts 47, 48, 49, 44, 45, 63, 107, 108, 109 and 110, the south half (S1/2) of the south half (S1/2) of Section 18, Section 19 and Section 30, the south half (S1/2) of the northeast quarter (NE1/4) of Section 25 and the east half (E1/2) of the southeast quarter (SE1 /4) of Section 24, all in Township 1 South, Range 71 West of the 6th Principal Meridian in Boulder County, Colorado. The dam of Ralston Creek Reservoir is located on or near the east side of the northeast quarter (NE1/4) of the southeast quarter (SE1/4) of Section 32, Township 2 South, Range 70 West of the 6th Principal Meridian and creates a reservoir which covers parts of Section 32, Township 2 South, Range 70 West of the 6th Principal Meridian and Sections 5 and 6, Township 3 South, Range 70 West of the 6th Principal Meridian, in Jefferson County, Colorado. The decreed point of diversion of the South Boulder Diversion Conduit is located on the south bank of South Boulder Creek, whence the southwest corner of Tract 143, Township 1 South, Range 71 West of the 6th Principal Meridian, bears south 55°18' west, a distance of 397.4 feet in Boulder County, Colorado. The decreed point of diversion of the Denver Power Conduit No. 1 is on the south bank of South Boulder Creek whence corner No. 2, Tract No. 48, Township 1 South, Range 71 West of the 6th Principal Meridian bears north 43°52'30" west a distance of 766.32 feet in Boulder County, Colorado. C. Source: The source of water for Gross Reservoir, Ralston Creek

Reservoir, Denver Power Conduit No.1 and South Boulder Diversion Conduit is all the water of South Boulder Creek and tributary drainage thereto originating above the individual points of diversion of each of the above-named structures. D. Appropriation: The appropriation date for Gross Reservoir is May 10, 1945, Priority No. 39C. The appropriation dates for Ralston Reservoir are January 1, 1930, Priority No. 31, and October 31, 1932, Priority No. 33C. The appropriation date for the South Boulder Diversion Conduit is January 1, 1930, Priority No. 56C. The appropriation date for the Denver Power Conduit No. 1 is May 10, 1945, Priority No. 11C. E. The amounts of water: Gross Reservoir: 41,811 acre-feet absolute, 71,267 acre-feet Conditional, 13,078 acre-feet Total; Ralston Creek Reservoir (South Boulder Creek source): 11,000 acre-feet absolute (Priority No. 31), 1,758 acre-feet absolute (Priority No. 31), 3,210 acre-feet Conditional (Priority No. 33C), 15,968 acre-feet Total; South Boulder Diversion Conduit: 461 cfs absolute, 789 cfs Conditional, 1250 cfs Total; Denver Power Conduit No. 1: 350 cfs Conditional, of which 160 cfs is claimed to be made absolute in this application. F. Use of water: Gross Reservoir, Ralston Creek Reservoir and South Boulder Diversion Conduit have been decreed and used for all municipal uses including domestic use, mechanical use, manufacturing use generation of electric power, power generally, fire protection use for sewage treatment, street sprinkling, watering of parks, lawns and grounds, maintaining of adequate storage reserves, irrigation, replacement and the adjustment and regulation of the units of the Denver Municipal Water System within themselves and with other water users. Denver Power Conduit No. 1 has been decreed for the generation of electric energy. 4. The Board operates an integrated water supply system. The Board engaged in the following activities necessary to develop the subject conditional water rights during the diligence period: A. Planning, design, construction and litigation necessary for the eventual completion of various components of the Denver Municipal Water System, including the water rights and structures under this decree. B. The Board has commissioned a new Integrated Resources Plan (IRP) as a number of significant developments have occurred since the last IRP was issued. These developments have contributed to the uncertainty and volatility of providing water supply to nearly one-quarter of Colorado’s population for which the Board is responsible. These uncertainties could substantially impact the water supply that the Board relies upon to serve its customers, therefore increasing the gap between present supplies and future needs of the service area. The new IRP will address some of the uncertainties about future supply and to assist the Board in shaping policy for the build out of the system. Thus far the Board has spent $233,000 on efforts to update the IRP in this diligence period. C. In 1995, the Board filed a Notice of Intent to File an Application with the Federal Energy Regulatory Commission ("FERC") to relicense its proposed Gross Reservoir Hydroelectric Facility. Throughout the diligence period, the design and construction of a new 7.6-megawatt hydroelectric facility was completed and commercial operations began August 1st 2007 at a cost of over $16 million. A summary of the work completed between 2002 and 2008 is as follows: i. In 2003, ALSTOM Power Inc. was awarded a contract for the procurement if the hydro generating equipment and staked proposed outlet structure and located test holes below the dam. ii. In 2005, the Board completed design of the 7.6-megawatt hydroelectric facility and awarded contract for construction of the power house and the penstock to Western Summit Constructors. The Board took delivery of the hydro generating equipment. iii. In 2006, continued construction on the new 7.6-megawatt hydroelectric facility. This included performing additional slope stabilization for the installation of hydroelectric facility and establishing and setting new control points following construction at Gross hydroelectric facility. iv. During 2007, construction and testing on the new 7.6- megawatt hydroelectric facility was performed. Completed slope stabilization and installed a rock fall fence at power house location. D. Continued work relating to relicensing of Gross Dam and Reservoir with the FERC. In 2003, submitted plans to FERC pursuant to the requirements of the FERC license in articles 401, 405, 409, 410, 414, 417 and 418. E. Continued to work towards relicensing the dam through 2004. Continued work on the Gross Recreation Management Plan as was approved by the FERC and

plans and specifications for required improvements were drawn up. F. As part of the FERC process the Board installed recreation facilities during 2006 and 2007 that included a boat barrier and picnic shelters and tables. G. The Board has spent over $1.3 million on the relicensing of Gross Reservoir during this diligence period. H. In order to increase the storage capacity of Gross Reservoir an amendment to the Board’s current FERC license is required. This effort began in 2008. I. In 2002, the Board initiated a U.S. Army Corps of Engineers (Corps) permitting process for the Moffat Collection System Project to address water reliability and system vulnerability problems, and to provide the next increment of firm yield. In 2003, the Board selected Montgomery Watson Harza (MWH) to develop study plans and complete engineering analysis of potential alternatives for resolving the Moffat Collection System Project. MWH submitted a $1.1 million preliminary proposal to provide these services. In addition, URS Corporation was selected as a third party consultant to complete the Environmental Impact Statement (EIS) on behalf of the Corps. URS submitted a $2.2 million preliminary proposal for completing the EIS. Based upon these proposals and additional requirements identified by the project team and the Corps, the MWH scope of work and the preparation of the EIS were divided into three phases: i. Phase I involved introduction of the Board's Moffat Collection System Project water reliability and system vulnerability problem, and project alternatives to address that problem to local, state, and federal agencies, as well as the general public, by the publication of a notice or intent to prepare an EIS in the federal register. Upon Completion of Phase I, the Board paid MWH $348,359 and $259,156 to URS for work performed during Phase I. ii. In 2003, the Board authorized MWH and URS to complete Phase II with the purpose of screening preliminary alternatives, preparing documentation, and developing a scope of work for Phase III. Phase II has been amended for both contracts in order to expand the screening work for the preliminary alternatives to include and environmental screening component. The final amended costs for Phase II for the MWH and URS contracts were $738,181 and $487,125, respectively. iii. Phase III of the project was initiated in March 2005 to conduct reconnaissance-level studies and to identify the EIS alternatives. The costs of Phase III for the MWH and URS contracts were $300,000 and $440,000. In August of 2005 the Board approved agreements with MWH and URS for $550,000 and $2,500,000 to begin Phase IV(a) of the project. In Phase IV(a) short - and long-term impacts of direct and indirect effects of each alternative will be determined. iv. In 2006, the Alternatives Screening Report for the Moffat Collection System Project EIS was published for review by the cooperating agencies. This report outlines the screening process used to narrow down the list of alternatives from over 300 to 5 alternatives. Because water divertible by the Darling Creek Enlargement and Extension of the Williams Fork Diversion Project and the Moffat Tunnel Collection System is an integral component of the Moffat Collection System Project, efforts to address the Moffat Collection System Project further progress towards beneficial use of the subject water rights. J. Other work that was performed at Gross Reservoir during the subject diligence period included the installation of piezometers, the renovation and construction of Gross Dam auxiliary outlet works, inlet gate fabrication and inspection, an evaluation of the Gross Dam spillway flashboards, the construction of a retaining wall on the east side of the residence and the purchase and installation of security equipment including cameras at Gross Dam. K. The Board continues to participate with a coalition of water users and water interests in the South Platte River basin to establish the Platte River Recovery and Implementation Program. Originally, this coalition of water users and water interests were meeting under the Colorado Water Congress special project named the "Platte River Project." Late in 2005, the Platte River Project was dissolved and a new independent 501c(3) non-profit organization the "South Platte Water Related Activities Program" (SPWRAP) was initiated to provide support and a mechanism for funding future financial obligations to the Program. On January 1, 2007 the Program was initiated and began its first increment proposed to last 13years. The Board and SPWRAP continued to contribute substantial efforts toward the implementation of the Platte River Program that will provide critical reproductive and migration habitat for threatened and endangered species

in central Nebraska. The Board and SPWRAP continue to work closely with the U.S. Department of Interior, the states of Colorado, Wyoming and Nebraska, as well as other interests in Nebraska and Wyoming and the environmental community on this program. The purpose of developing the program, in addition to creating reproductive and migrating habitat for threatened and endangered species, is to provide reasonable and prudent alternatives to avoid the likelihood of jeopardy to federally listed species. Additionally, the Platte River Program provides a mechanism to mitigate adverse environmental consequences so water projects in the Platte River basin, subject to Section 7 Consultation under the Endangered Species Act (ESA), can continue to operate and receive permits, licenses, funding, or other approvals in compliance with the ESA. The Board spent more than $1.9 million on this project over the diligence period. L. The Board also pursued work on Ralston Reservoir which culminated in completing the construction of a new concrete inlet and outlet gage house for the upper end of the canal spillway drain, installed a concrete liner on Ralston primary spillway, replaced the Venturi meter at Ralston Dam and Reservoir, culvert replacement for outlet channel and the design and construction of a combination flume used to accurately measure inflows to Ralston Reservoir. M. On South Boulder Creek work was completed on armoring with rip rap approximately 400 feet of embankment upstream of Pinecliffe to protect the road, railroad bridges and residential homes during times of high flow. Work continued on sediment removal in the Pinecliffe area. An easement was also acquired for a drain line. N. The diversion conduit on South Boulder Creek received a new operator for the wave suppressor in the dam and concrete repairs were made to the dam and the surrounding structure in 2004. O. The Board performed substantial work on the Moffat Collection system during the diligence period which allows the Board to move more water from the northern part of the system. Work included: i. Completing the construction of a new Moffat Collection System headquarters in 2006. ii. Sediment removal at the Fraser diversion points. iii. The Board's staff designed, prepared specifications and inspected the installation of 102-inch steel casing and 84-inch steel pipe under State Highway No. 40. This project was completed in 2003 in cooperation with the Department of Transportation's road widening project. The Board accepted possession of the new installation in 2004. iv. Completed piping of open channel and the burial of exposed steel of the siphon section. v. Relining the steel pipe on the Gross Dam outlet works. vi. Installed an electrical operator and a building to house the operator on Siphon 1A at the Vasquez-St. Louis Diversion blow off valve. vii. Packed and tightened the joints on the Vasquez-St. Louis Diversion Siphons 1 and 1A. viii. The Board began investigating solutions to stabilize Siphon 1, which has been moving downhill. ix. Obtained accurate and up-to-date acreages on the real estate that was sold, traded, or retained in the Moffat Collection System area. x. Replacement of concrete lined and covered canal with reinforced concrete canal piping on Vasquez canal. P. Substantial work was completed on the Moffat Water Treatment Plant throughout the diligence period. The Moffat Treatment Plant is used to treat water diverted under the subjected water rights for use by the Board’s treated water customers. Work done on the treatment plant included: i. On July 28, 2005 the Board acquired approximately 10 acres of property from the Young Men’s Christian Association (YMCA) at a cost of $2.8 million. This property is located adjacent to the Moffat Treatment Plant and will enable the Board to enhance its treatment and distribution of water diverted under the water rights that are the subject of this application. ii. Connecting Conduit No. 22 to Moffat Treatment Plant. iii. Upgraded the Caustic Soda system. iv. Added a second lime slurry tank and installed influent gates on flocculation/ sedimentation basins 1 through 4. v. Installation of electrical actuators on clearwell outlet valves at Moffat Treatment Plant. vi. Developed operational strategies to maximize the use of treated water facilities to minimize energy consumption. vii. Continued to install security fences, brick pillars, monitoring equipment and guard house. viii. Installed a low backwash flow rate capability and a smaller backwash pump to make an effective throttling valve. ix. Replaced existing inadequate and obsolete fire alarm system. x. Installed noise abatement equipment at the lime batching system. xi. Replaced 12 HACH turbidimeters as the existing ones are obsolete and spare

parts are hard to find. xii. Replaced four year old mixing pumps damaged from severe corrosion. Purchased and installed 30 new actuators in plant number 3 for the surface wash, influent and waste and effluent operations. xiii. Removal of ductile piping at the mixing water pump stations and replaced with PVC piping. Dechlorination system improvements were made to improve the operations and avoid intense monitoring of the treatment process. xiv. Modifications were made to the chlorine room HVAC system and HVAC controls were replaced at the treatment plant. xv. Rebuilt the Fluoride mix and feed system. The Board spent approximately $20million on work on the Moffat Treatment Plant during the diligence period. Q. During the subject diligence period, over $786 million has been spent on the planning, design, construction and litigation necessary for the eventual completion of various components of the Denver Municipal Water System. 5. Claim to make absolute: A. Date water applied to beneficial use: June 20, 2008. Amount: 160 cfs. Use: Generation of electrical energy. B. Description of place of use where water is applied to beneficial use: The hydroelectric facility located in Gross Dam and outlet works. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: United States Forest Service, Boulder Ranger District, Arapahoe and Roosevelt National Forests, 2140 Yarmouth Avenue, Boulder, CO 80301; Miramonte Limited Liability company, c/o Bruce K. Alexander, 1000 E. Tufts Ave., Cherry Hills Village, CO 80113; City and County of Denver, acting by and through its Board of Water Commissioners, 1600 W. 12th Avenue, Denver, CO 80204. Wherefore, it is requested that in view of the magnitude of the project and in view of the planning, design and construction of the integral parts of the Board’s water system and the expenditures associated with the costs of the completion of the facilities of the Board’s water system, of which Gross Reservoir, Ralston Creek Reservoir, South Boulder Conduit and Denver Power Conduit No. 1 are integral parts, that the Court enter a Finding and Decree of Reasonable Diligence for the remaining conditional water rights decreed for Gross Reservoir, Ralston Creek Reservoir, South Boulder Diversion Conduit and Denver Power Conduit No. 1. Further, the Board request the Court make absolute 160 cfs for the Denver Power Conduit No. 1. 08CW291 MARK S. JONES AND ELEANORE K. JONES, 2827 W. CO. RD. 80, WELLINGTON, CO 80549. Telephone: (970) 568-3370. APPLICATION TO MAKE ABSOLUTE IN LARIMER COUNTY. Structure: Jones Pond No. 2. Date of original decree: October 11, 2002 in case no. 00CW248 in Water Division One. Legal description: NE1/4, NW1/4, S21, T10N, R69W of the 6th PM at a point 640 feet from the north section line and 2213 feet from the west section line. Source: Spring, seep, surface runoff and owned North Poudre Irrigation water. Appropriation Date: October 11, 2002. Amount: 0.4 acre feet, conditional. Use: Wildlife and Wetlands Development. Detailed Outline: On October 4, 2000, 14.94 acres were entered into USDA NRCS Wetland Reserve Program (WRP). Prior to entering into the WRP Program, landowners met with George Varra, Water Commissioner District 3 and Dale Henry, North Poudre Irrigation Operations Manager. Both agreed that it was a beneficial project and that no existing water rights would be damaged. Subsequently, Jones Pond No. 2 was constructed on the wildlife easement under the WRP cost share program to enhance wetlands and waterfowl habitat. The dike was designed by NRCS engineers and accommodates bypass conditions, i.e. has emergency spillway and water control structures. The total project cost for dike construction site restoration and water control structures was $22,276, 75% paid by NRCS. The structure is operating as designed and provides beneficial use as conditionally decreed for wildlife and wetland development. Application is to make absolute. Date water applied to beneficial use: October 2003. Amount: 0.4 acre feet as designed by NRCS. Legal description NE1/4, NW1/4, S21, T10N, R69W of the 6th PM.

08CW292 Ogilvy Augmentation Company, c/o Dennis Hoshiko, 1811 38th Avenue, Greeley, CO 80634. APPLICATION FOR CHANGE OF WATER RIGHT IN WELD COUNTY. Future correspondence and pleadings to: Donald E. Frick and Daniel K. Brown, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970) 407-9000. 2. Decreed name of structures for which change is sought: Greeley Canal No. 3 and Fossil Creek Reservoir based upon the Greeley Irrigation Company’s ownership of 60 preferred rights in Fossil Creek Reservoir. 3. From Previous Decrees: A. Greeley Canal No. 3. 1. The water rights of the Greeley Canal No. 3 were decreed on April 11, 1882, in Civil Action No. 320, District Court, Larimer County. 2. Decreed point of diversion: The headgate of the Greeley Canal No. 3 is located on the South side of the Cache La Poudre River in the NW1/4 of the SE1/4 of Sec. 32, T6N, R66W of the 6th P.M., Weld County, at a point 1,900 feet West and 2,200 feet North of the SE corner of said Sec. 32. 3. Source: Cache La Poudre River. 4. Appropriation Dates and Amounts: Date Amount April 1, 1870 52 c.f.s. October 1, 1871 41 c.f.s. July 15, 1872 63.13 c.f.s. May 15, 1873 16.67 c.f.s. B. Fossil Creek Reservoir (all decreed by the District Court in Larimer County): Priority Approp. Date Amount (AF.) Adj. Date-Case No. Original Constr. 3/5/1901 12,052 10/28/1909-1591* (Priority No. 40) First Enlargement 6/1/1904 1,545 4/22/1922-20317 (Priority No. 66) Second Filling (Refill 3/5/1901 12,052 9/10/1953-11217 (Priority No. 136E) *Date of Revised Final Findings and Decree in Civil Action No. 1591. C. Historical Use: Applicant owns or controls and seeks to change herein 6 shares (“subject water rights”) of the 519.7 outstanding shares in the Greeley Irrigation Company (“GIC”). Applicant reserves the right to add additional GIC shares it may acquire in the future to this application. GIC owns a 5/8th interest in the water rights decreed to the Greeley Canal No. 3, as well as 60 preferred rights in Fossil Creek Reservoir. Applicant’s share ownership in the GIC entitles it to delivery of Fossil Creek Reservoir water. The subject water rights have historically been used for irrigation purposes on various parcels served by the GIC. Of the 6 shares, 0.5 shares were historically used on the farm identified in the decree in Case No. 96CW658 as parcel number W-26, and the remaining 5.5 shares were identified as “floating” shares in said decree. 4. Proposed Change: Applicant seeks to change the use of the subject water rights to include, in addition to existing uses, augmentation, replacement, storage, recharge and exchange purposes. Applicant intends to make the fully consumable portion of the changed water right available for augmentation use, including in-ditch recharge and recharge pond operations in and under the Ogilvy Ditch system, in Applicant’s proposed augmentation plan in Case No. 03CW150, and/or other augmentation plans capable of utilizing the subject water rights for augmentation purposes. Applicant may also utilize the subject water rights for storage and/or recharge purposes in the structures identified in Case No. 07CW331. Applicant proposes to change the subject water rights in accordance with the ditch-wide historical use analysis, consumptive use provisions and other applicable requirements contained in the decree entered by the Court in Case No. 96CW658, In the Matter of the Application for Water Rights of the Poudre Prairie Mutual Reservoir & Irrigation Company. The decree in that case found that the average annual consumptive use per share under the GIC system was 10.31 acre feet. The decree in that case provided, at paragraph 20, that other owners of shares in the GIC system could rely upon the findings made in the decree regarding historic consumptive use of GIC shares in any subsequent

change application. The Applicant asserts that the historical consumptive use of the subject water right should thus be determined to be approximately 61.86 acre-feet on an average annual basis. Applicant will replace all historical return flows from the irrigation use of such water to the extent necessary to prevent legal injury to senior water rights and shall not use the said water rights unless such replacement is made. 5. Ownership: The Greeley Irrigation Company, 1135 8th Avenue, Greeley, CO 80631-4087; Ogilvy Land and Irrigation Company, c/o Don Wacker, 28639 Weld County Road #58 1/2, Greeley, CO 80631 08CW293 (01CW74, 94CW196, 83CW300) Glenmoor Country Club c/o Charles B. White, David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202 (303) 825-1980, APPLICATION FOR A FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS PARTIALLY ABSOLUTE IN ARAPAHOE COUNTY. Name of structures: a. Glenmoor North Pond; b. Glenmoor West Pond; c. Glenmoor East Pond (Collectively, the “Glenmoor Ponds”). Description of conditional water rights: a. Decrees: i. The original decree was entered on October 3, 1988, in Case No. 83CW300, District Court, Water Division 1. ii. On May 3, 1995, in Case No. 94CW196, District Court, Water Division 1, a decree was entered making the Glenmoor Ponds partially absolute and continuing the remaining conditional water rights. iii. On December 9, 2002, in Case No. 01CW74, District Court, Water Division 1, a decree was entered making an additional 9.27 acre-feet of conditional water rights absolute for irrigation and fish culture purposes and continuing the remaining conditional water rights. b. Location: i. The decreed location of all three ponds is in the SE1/4, Section 12, Township 5 South, Range 68 West, 6th P.M., Arapahoe County, Colorado, a/k/a 110 Glenmoor Drive, Cherry Hills Village, Colorado, more specifically: (1) Glenmoor North Pond spillway is decreed at point approximately 20 feet South and 1350 feet West of E1/4 corner of Section 12. (2) Glenmoor West Pond spillway is decreed at a point approximately 460 feet North and 470 feet West of SE corner of Section 12. (3) Glenmoor East Pond spillway is decreed at a point approximately 270 feet North and 300 feet West of SE corner of Section 12. ii. The actual, as-built spillway locations of the Glenmoor Ponds are described as follows, and are shown on Exhibit A, attached to and incorporated in the application and available for inspection at both the office of Applicant’s attorney and the Water Court: (1) Glenmoor North Pond spillway is located at a point approximately 660 feet North and 1710 feet West of the E1/4 Corner of Section 12, Township 5 South, Range 68 West, 6th P.M., Arapahoe County, Colorado. (2) Glenmoor West Pond spillway is located at a point approximately 90 feet South and 1630 feet West of the E1/4 Corner of Section 12, Township 5 South, Range 68 West, 6th P.M., Arapahoe County, Colorado. (3) Glenmoor East Pond spillway is located at a point approximately 680 feet North and 1000 feet West of the SE corner of Section 12, Township 5 South, Range 68 West, 6th P.M., Arapahoe County, Colorado. By this Application, Glenmoor seeks to confirm the actual, as-built locations for the Glenmoor Ponds, as described above. c. Source: Greenwood Gulch, tributary to Little Dry Creek, tributary to the South Platte River, and natural runoff. d. Appropriation date: July 1, 1983 for all three ponds. e. Amount: i. Glenmoor North Pond: 4.96 acre feet, absolute, and 15.04 acre-feet, conditional, for irrigation and fish culture; 20 acre-feet, conditional, for substitution, replacement, plans of augmentation and exchange of water; and 20 acre-feet refill, conditional, for all uses. ii. Glenmoor West Pond: 7.24 acre feet, absolute, and 2.76 acre-feet, conditional, for irrigation and fish culture; 10 acre-feet, conditional, for substitution, replacement, plans of augmentation and exchange of water; and 10 acre-feet refill, conditional, for all uses. iii. Glenmoor East Pond: 7.47 acre feet, absolute, and 12.53 acre-feet, conditional, for irrigation and fish culture; 20 acre-feet, conditional, for substitution, replacement, plans of augmentation and exchange of water; and 20 acre-feet refill, conditional, for all uses. f. Uses: Irrigation on 180 acres, fish culture, substitution, replacement, plans of augmentation and exchange of water. All uses to be for operation of a golf course and associated facilities. g. Other: The water rights for the Glenmoor Ponds are part of an integrated system of water rights

which includes, without limitation, each of the Ponds and the absolute and conditional water rights for the Glenmoor Ditch for use on the Glenmoor Golf Course. Claim to make partially absolute: On August 17, 2008, Glenmoor diverted a total of 21.80 acre-feet of water to storage in the Glenmoor Ponds and applied such water beneficial use for irrigation and fish culture purposes. Based on the foregoing Glenmoor claims a total of 23.54 acre-feet of absolute water rights for the Glenmoor Ponds, including the 19.67 acre-feet previously made absolute. The total volume of water stored in each of the Glenmoor Ponds during August 2008 was as follows: a. North Pond: 8.60 acre-feet, which represents an increase of 3.64 acre-feet over the 4.96 acre-feet previously decreed as absolute. b. West Pond: 5.50 acre-feet, which does not represent an increase over the 7.24 acre-feet previously decreed as absolute. c. East Pond: 7.70 acre-feet, which represents an increase of 0.23 acre-feet over the 7.47 acre-feet previously decreed as absolute. Evidence of reasonable diligence: During the Diligence Period (December 2002 to present), the Applicant expended significant sums developing the conditional water right for the Glenmoor Ditch. Applicant’s efforts to develop the conditional water right and apply the water to beneficial use during the diligence period support a finding of reasonable diligence. The verified application contains a detailed outline of the activities performed during the diligence period and is available for inspection and/or copying at both the office of Applicant’s attorney and the Water Court. This is not intended to be all-inclusive and may be supplemented by additional evidence during any hearing in this matter. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: a. The land upon which the North Pond is located is owned by the Applicant, William Miller (4545 S. Monroe Lane, Englewood, CO 80113-6103), and the Star Tree Trust (5251 DTC Pky. #995, Englewood, CO 80111-2738). b. The land upon which the West Pond is located is owned by the Applicant, Richard Coleman (43 Glenmoor Dr., Englewood, CO 80113-7116), Joesph & Clara Chong (71 Glenmoor Dr., Englewood, CO 80113-7116), David & Charlyn Campbell (39 Glenmoor Dr., Englewood, CO 80113-7116), Leon & Ellen Mason (40 Glenmoor Dr., Englewood, CO 80113-7116), Wesley & Karen Allen (38 Glenmoor Dr., Englewood, CO 80113-7116), and Stephen & Ann Conrad (37 Glenmoor Dr., Englewood, CO 80113-7116). c. The land upon which the East Pond is located is owned by the Applicant. WHEREFORE, the Applicant respectfully requests that this Court enter a decree: A. Making absolute an additional 3.64 acre-feet of water for the Glenmoor North Pond and an additional 0.23 acre-feet of water for the Glenmoor East Pond, both for irrigation and fish culture purposes, for a total of 23.54 acre-feet of absolute water rights for the Glenmoor Ponds, including the 19.67 acre-feet previously made absolute; B. Finding that the Applicant has been reasonably diligent in completing the appropriation of the conditional water rights for the Glenmoor Ponds; C. Continuing in full force and effect the remaining conditional portions of the first fill rights and all of the refill rights for the Glenmoor Ponds; D. Confirming the actual, as-built locations of the Glenmoor Ponds, as described above; and E. Granting such other relief as the Court deems just and proper. 08CW294 (01CW75, 94CW195, 83CW299). Glenmoor Country Club c/o Charles B. White, David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202 (303) 825-1980, APPLICATION FOR A FINDING OF REASONABLE DILIGENCE IN ARAPAHOE COUNTY. Name of Structure: Glenmoor Ditch. Description of conditional water right: a. Decrees: i. The original decree was entered on October 3, 1988, in Case No. 83CW299, District Court, Water Division 1. ii. On May 3, 1995, in Case No. 94CW195, District Court, Water Division 1, a decree was entered making the Glenmoor Ditch partially absolute and continuing the remaining conditional water rights. iii. On July 21, 1995, in Case No. 91CW110, District Court, Water Division 1, a decree was entered allowing the use of the Greenwood Gulch Pumping Plant as an alternate point of diversion for the Glenmoor Ditch absolute and conditional

water rights. iv. On December 9, 2002, in Case No. 01CW75, District Court, Water Division 1, a decree was entered regarding the Glenmoor Ditch making additional water rights absolute and continuing the remaining conditional water rights. b. Location: i. The original decreed location of the Glenmoor Ditch headgate is in the SE1/4 SE1/4 Section 12, T. 5 S, R. 68 W, 6th P.M., Arapahoe County at a point which bears North 44Ε 48' 13" West a distance of 165 feet from the SE corner of Section 12. ii. The decreed location of the Greenwood Gulch Pumping Plant is at a point in Section 12, T.5 S, R.68 W, 6th P.M., Arapahoe County, approximately 1,250 feet West of the East section line and 2,500 North of the South section line of said Section 12. c. Source: Greenwood Gulch, tributary to Little Dry Creek, tributary to the South Platte River, and natural runoff. d. Appropriation date: July 1, 1983. e. Amount: 0.95 c.f.s., absolute, and 1.27 c.f.s., conditional, for irrigation and fish culture; 2.22 c.f.s., conditional, for all other uses. f. Use: Irrigation on 180 acres, fish culture, substitution, replacement, plans for augmentation and exchange of water. All uses to be for operation of a golf course and associated facilities. g. Other: The water rights for the Glenmoor Ditch are part of an integrated system of water rights which includes, without limitation, the absolute and conditional water rights for the Glenmoor Ponds for use on the Glenmoor Golf Course. Evidence of reasonable diligence: During the Diligence Period (December 2002 to present), the Applicant expended significant sums developing the conditional water right for the Glenmoor Ditch. Applicant’s efforts to develop the conditional water right and apply the water to beneficial use during the diligence period support a finding of reasonable diligence. The verified application contains a detailed outline of the activities performed during the diligence period and is available for inspection and/or copying at both the office of Applicant’s attorney and the Water Court. This is not intended to be all-inclusive and may be supplemented by additional evidence during any hearing in this matter. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The land upon which the subject structure is located is owned by the Applicant. WHEREFORE, the Applicant respectfully requests that this Court enter a decree: A. Finding that the Applicant has been reasonably diligent in completing the appropriation of the conditional water rights for the Glenmoor Ditch; B. Continuing in full force and effect the remaining conditional portions of the Glenmoor Ditch water right; and C. Granting such other relief as the Court deems just and proper. 08CW295 (01CW116, 91CW110) Glenmoor Country Club c/o Charles B. White, David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202 (303) 825-1980, APPLICATION FOR A FINDING OF REASONABLE DILIGENCE IN ARAPAHOE COUNTY. Name of Structure: Greenwood Gulch Pumping Plant. Description of conditional water right: a. Decrees: The original decree was entered on July 21, 1995 in Case No. 91CW110, District Court, Water Division 1. On December 31, 2002, in Case No. 01CW116, District Court, Water Division 1, a decree was entered continuing the conditional water rights for the Greenwood Gulch Pumping Station. b. Location: The point of diversion is at a point in Section 12, T. 5 S., R. 68 W., 6th P.M., Arapahoe County, approximately 1,250 feet West of the East section line and 2,500 feet North of the South section line of said Section 12. c. Source: Greenwood Gulch, tributary to Little Dry Creek, tributary to the South Platte River. d. Appropriation date: December 20, 1991. e. Amount: 5.0 c.f.s., conditional. f. Use: Irrigation, recreation, piscatorial, and aesthetic purposes on the Glenmoor Golf Course and Country Club, by direct use and/or by storage in three on-channel ponds located on the golf course known as the Glenmoor North Pond, the Glenmoor West Pond, and the Glenmoor East Pond, which were decreed in Case No. 83CW300, Water Division No. 1 (collectively, the “Ponds”), and such other ponds as the Applicant may construct. Water will also be used for augmentation, exchange, substitution, and replacement purposes. g. Other: The water rights for the Greenwood Gulch

Pumping Plant are part of an integrated system of water rights which includes each of the Ponds and the absolute and conditional water rights for the Glenmoor Ditch for use on the Glenmoor Golf Course, including, without limitation, the rights decreed in Case No. 83CW299, Water Division No. 1.Evidence of reasonable diligence: During the Diligence Period (December 2002 to present), the Applicant expended significant sums developing the conditional water right for the Greenwood Gulch Pumping Plant. Applicant’s efforts to develop the conditional water right and apply the water to beneficial use during the diligence period support a finding of reasonable diligence. The verified application contains a detailed outline of the activities performed during the diligence period and is available for inspection and/or copying at both the office of Applicant’s attorney and the Water Court. This is not intended to be all-inclusive and may be supplemented by additional evidence during any hearing in this matter. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The land upon which the subject structure is located is owned by the Applicant. WHEREFORE, the Applicant respectfully requests that this Court enter a decree: A. Finding that the Applicant has been reasonably diligent in completing the appropriation of the conditional water rights for the Greenwood Gulch Pumping Plant; B. Continuing in full force and effect the conditional Greenwood Gulch Pumping Plant water right; and C. Granting such other relief as the Court deems just and proper. 08CW296 PAWNEE HILLS SUBDIVISION LOT OWNERS, 1537 Belgian Trail, Elizabeth, Colorado 80107, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, Matthew S. Poznanovic, Atty. Reg. #29990, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application. 3. Legal Description of Subject Property: Applicants are the owners of 71 lots located in the Pawnee Hills Subdivision, which lots are generally contiguous and located in parts of Section 35, T7S, R65W and parts of Section 2, T8S, R65W of the 6th P.M., as shown on Attachment B hereto (Subject Property). The Subject Property is comprised of a total of approximately 357.5 acres and the legal descriptions and acreage associated with Applicants' respective lots are more particularly described on Attachment A 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 amounts. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 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. Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Denver 190 feet 115 acre-feet Arapahoe 240 feet 145 acre-feet Laramie-Fox Hills 210 feet 112 acre-feet

6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells or any additional wells which may be completed in the future, as Applicants' well fields, subject to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 7. Proposed Use: The water will be used, reused and successively used for domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§37-92-302(2) and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. 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. 08CW297 (98CW128) CONCERNING THE APPLICATION FOR WATER RIGHTS OF RAYMOND J. RUGLOSKI AND CAROLYN E. RUGLOSKI IN PARK COUNTY. APPLICATION TO MAKE A CONDITIONAL WATER RIGHT ABSOLUTE. 1. NAME AND ADDRESS OF APPLICANTS: Raymond J. Rugloski and Carolyn E. Rugloski, 7301 Park County Road 59, Florissant, CO 80816, PH: 719-748-4710. 2. NAME OF STRUCTURE: High Chaparral Spring No. 1. 3. DESCRIBE CONDITIONAL WATER RIGHT: A. Date of Original Decree: December 4, 2002, Case No.: 96CW128 Court: Water Court, Water Division 1. B. Legal Description: In the NW1/4NE1/4, Section 36, T13S, R73W of the 6th P.M. being 120 feet south of the north section line and 2,610 west of the east section line. C. Source: High Chaparral Spring No. 1 is tributary to an unnamed drainage which is tributary to the South Platte River, Park County, Colorado. D. Appropriation Date: May 10, 1996. E. Amount: 0.03 cfs F. Use: Riparian habitat, wildlife and fish propagation, wetlands enhancement, storage, erosion control, and additional livestock water. 4. The High Chaparral Spring No. 1 was initially decreed absolute for 0.01 cfs for livestock watering purposes and conditional for the above-described amounts and uses. Applicants have significantly improved the spring and developed it for an additional 0.03 cfs by digging out the spring and backfilling it with gravel to a depth not greater than 10 feet, all in accordance with C.R.S. §37-92-103(14)(b). The development of High Chaparral Spring No. 1 and berming the area around the spring box resulted in the creation of an additional livestock water tank surrounding the spring box. Since the development of the spring box with the additional livestock water tank, the status quo of the spring and wetland area surrounding the spring and livestock water tank and onto the public lands bordering the Applicants’ property, has been maintained and no further development of the spring or outlets from the spring has had the effect of lowering the water table at the point of diversion of the High Chaparral Spring No. 1 lower than the level that existed on March 8, 2002. 5. CLAIM TO MAKE ABSOLUTE. A. Date Water Applied to Beneficial Use: by June 30, 2003. B. Amount: 0.03 cfs. C. Use: Riparian habitat, wildlife and fish propagation, wetlands enhancement, storage, erosion control, and additional livestock water. D. Description of Place of Use Where Water is Applied to Beneficial Use: property owned by the Applicants in the NW1/4NE1/4, Section 36, T13S, R73W of the 6th P.M. being 120 feet south of the north section line and 2,610 west of the east section line. 6. Applicants are the owners of the land upon which the High Chaparral Spring No. 1 is located and the place of use for said Spring. (See map attached as Exhibit A.) 08CW298 PETER K. GREER, 415 E. Yampa St., Colorado Springs, CO 80903. Telephone: (719) 633-8405. APPLICATION FOR WATER RIGHTS (SURFACE) IN PARK COUNTY. Spring, located in S1/2, S20, T11S, R78W of the 6th PM. Street address: 11380 CR 22. Subdivision: Weston Pass Summer Home Tract, Lot 6. Source: Tributary to South Fork of the South Platte. Date of appropriation: 1954. How appropriation was initiated: Cabin built and water used. Date water applied to beneficial use: 1954. Amount claimed: 5 gpm Absolute. Use:

Cabin use only. A ram pump pumps water to about a 20 gal tank for drinking and washing dishes for no more than 5 months per year. 08CW299 (98CW129) CONCERNING THE APPLICATION FOR WATER RIGHTS OF RAYMOND J. RUGLOSKI AND CAROLYN E. RUGLOSKI . APPLICATION FOR FINDINGS OF DILIGENCE.IN PARK COUNTY. 1.NAME AND ADDRESS OF APPLICANTS: Raymond J. Rugloski and Carolyn E. Rugloski, 7301 Park County Road 59, Florissant, CO 80816, PH: 719-748-4710. 2. DESCRIBE CONDITIONAL WATER RIGHTS: The following structures and the details related to each structure were all adjudicated by original decree of December 4, 2002 in Case No. 96CW129 in the District Court, Water Division No. 1. A. Names of Structures: (I) Simms Creek Spring No. 1. (ii) Simms Creek Spring No. 2. (iii) High Meadow Spring No. 1. (iv) High Meadow Spring No. 2. (v) High Meadow Spring No. 3. (vi) High Meadow Forebay and Pipeline B. Legal Description: (I) Simms Creek Spring No. 1, is located in the NE1/4 SW1/4 Sec. 36 T13S R73W of the 6th P.M., a distance of 1500 feet from the South section line and 2500 feet from the West section line. (ii) Simms Creek Spring No. 2, is located in the NE1/4 SW1/4 Sec. 36 T13S R73W of the 6th P.M., a distance of 1400 feet from the South section line and 2250 feet from the West section line. (iii) High Meadow Spring No. 1, is located in the NW1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 160 feet from the North section line and 2120 feet from the East section line. (iv) High Meadow Spring No. 2, is located in the NW1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 300 feet from the North section line and 1780 feet from the East section line. (v) High Meadow Spring No. 3, is located in the NW1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 1020 feet from the North section line and 1730 feet from the East section line. (vi) High Meadow Forebay and Pipeline, is located in the NE1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 650 feet from the North section line and 970 feet from the East section line. C. Source: All structures are tributary to Simms Creek, which is tributary to the South Platte River, Park County, Colorado. D. Amounts: Simms Creek Spring No. 1, 0.035 cfs - conditional. Simms Creek Spring No. 2, 0.013 cfs - conditional. High Meadow Spring No. 1, 0.0052 cfs - conditional. High Meadow Spring No. 2, 0.053 cfs - conditional. High Meadow Spring No. 3, 0.0168 cfs - conditional. High Meadow Forebay and Pipeline, 0.10 cfs - conditional. E. Appropriation Dates: For Simms Creek Spring Nos. 1 and 2 and High Meadow Spring Nos. 1, 2, and 3 the appropriation date is May 10, 1996. For High Meadow Forebay and Pipeline the appropriation date is May 25, 1996. F. Use: The use for all structures is riparian habitat, wildlife and fish propagation, wetlands enhancement, erosion control, livestock watering and storage for those purposes. G. Proposed Places of Use: (i) Simms Creek Spring Nos. 1 and 2: The place of use of water from these springs is at Simms Creek Pond Nos. 4 and 5 decreed in Applicants' Case No. 96CW1038, District Court for Water Division 1. (ii) High Meadow Spring Nos. 1, 2, and 3: The place of use of water from these springs is at High Meadow Pond Nos. 1 and 2 to be decreed in Applicants' Case No. 96CW1038, District Court for Water Division 1. (iii) High Meadow Forebay and Pipeline: The place of use of water from this structure is at Simms Creek Pond Nos. 7 and 8 to be decreed in Applicants' Case No. 96CW1038, District Court for Water Division 1. 4. The six water rights for which diligence is sought herein, together with two surface water rights and 18 water storage rights adjudicated in Water Division 1, Case No. 96CW1038, together with a plan for augmentation to replace out of priority depletions caused by the completion and placement to beneficial use of the six surface water rights adjudicated in 96CW129, and the water rights adjudicated in 96CW1038, were all part of an integrated plan of the Applicants to develop an overall wildlife habitat environment for their property which includes the development of wetlands as well as ponds to maintain fish, wildlife and livestock watering, and the attendant riparian habitat enhancement resulting from the endowment of the water for such storage purposes. To implement these concepts, Applicants have constructed several small ponds and reservoirs and developed several small springs for those purposes. Certain of those ponds and

springs will be applied for absolute status in a companion case to this case referencing the 96CW1038 adjudication. All of the six surface water rights which are the subject matter of this case are requested to be maintained as conditional water rights with findings of diligence as part of that overall integrated plan with diligence on one part of the system being considered diligence on all parts. Expenditures relating to the diligence on the six surface water rights contained herein, together with the diligence on and making absolute the water rights adjudicated in 96CW1038 was $266,380.00. As to each of the surface water rights structures referenced herein, existing flows those springs debris was removed from each spring the area dn flow pathways were cleaned and maintained and site preparation was performed (without further development of the springs as of this time) and water is allowed to flow in its natural course to the ultimate beneficial uses adjudicated for the overall wildlife habitat plan. Based on the expenditures relating to development of the overall wildlife habitat plan, the construction of certain ponds, the development of certain springs set forth in this case and the companion cases filed herewith seeking diligence and absolute adjudication of those water rights adjudicated in 96CW128 and 96CW1038, as augmented by the plan of augmentation, adjudicated in 96CW1038, the Applicants have established that they can and will complete the development of the adjudicated water rights and place them to beneficial use within a reasonable period of time. 5. Applicants are the owners of the land upon which the Simms Creek Spring No. 1 and Simms Creek Spring No. 2 are located and the place of use for said water rights. Mr. Lynn A. Jacobson, 334 Whitman Court, Palo Alto, California 94301 is the owner of the land upon which the High Meadow Spring No. 1, High Meadow Spring No. 2, High Meadow Spring No. 3 and High Meadow Forebay and Pipeline are located. (See map attached as Exhibit A.) 08CW300 (98CW1038) CONCERNING THE APPLICATION FOR WATER RIGHTS OF RAYMOND J. RUGLOSKI AND CAROLYN E. RUGLOSKI IN PARK COUNTY. APPLICATION FOR FINDINGS OF DILIGENCE, TO MAKE CERTAIN WATER RIGHTS ABSOLUTE AND FOR CHANGE OF WATER RIGHTS. 1. NAME AND ADDRESS OF APPLICANTS: Raymond J. Rugloski and Carolyn E. Rugloski, 7301 Park County Road 59, Florissant, CO 80816, PH: 719-748-4710 2. DESCRIBE CONDITIONAL WATER RIGHTS: The following structures and the details related to each structure were all adjudicated by original decree of December 4, 2002 in Case No. 96CW1038 in the District Court, Water Division No. 1. Certain of the water rights adjudicated in 96CW1038 are being applied for herein for absolute status, and certain are being applied for continuation of conditional water rights status. As each structure is identified and recited, appropriate request will be made for either absolute or continued diligence. Additionally, a change of water rights to change legal description for two structures will be requested. A. High Chaparral Spring No. 2 - Claim is to make absolute. (1) Legal description: In the SE1/4 NW1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 2400 feet from the north line and 1800 feet from the west line of said Section 36. (2) Source: A spring tributary to an unnamed drainage, tributary to the South Platte River. (3) Appropriation Date: July 26, 1996. (4) Amount: 1.5 gpm (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering, and storage for these uses. (6) Claim to Make Absolute: Applicants have completed the development of High Chaparral Spring No. 2 by digging it out, developing a spring box and collection area and then piping the water in a culvert to High Chaparral Spring No. 5. The amount developed is not greater than 1.5 gpm for the decreed uses. Construction was completed and water placed to beneficial use by June 30, 2003. B. High Chaparral Spring No. 3 - Claim is for finding of diligence. (1) Legal description: In the SW1/4 NW1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 2200 feet from the north line and 800 feet from the west line of said Section 30. (2) Source: A spring tributary to an unnamed drainage, tributary to the South Platte River. (3) Appropriation Date: July 26, 1996. (4) Amount: 3.4 gpm conditional (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control,

livestock watering and storage for these uses. C. Simms Creek Pond No. 1 - Claim is to make absolute. (1) Legal description: The dam for this reservoir is located in the NW1/4 SE1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 1900 feet from the south line and 2400 feet from the east line of said Section 36. (2) Source: Surface flows of Simms Creek, tributary to the South Platte River. (3) Date of appropriation: May 12, 1996. (4) Amount: 1.0 acre feet. (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. (6) Claim to Make Absolute: Applicants have completed construction of Simms Creek Pond No. 1 and have impounded not greater than 1.0 acre feet of water for the beneficial uses claimed. The surface area of the high water line is not greater than 0.25 acres. The maximum height of the dam is not greater than 10 feet. The length of the dam is not greater than100 feet. Construction was completed and water placed to beneficial use by June 30, 2003. D. Simms Creek Pond No. 2 - Claim is to make absolute. (1) Legal description: The dam for this reservoir is located in the NW1/4 SE1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 1980 feet from the south line and 2280 feet from the east line of said Section 36. (2) Source: Surface flows of Simms Creek, tributary to the South Platte River. (3) Date of appropriation: May 12, 1996. (4) Amount: 1.0 acre feet. (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. (6) Claim to Make Absolute: Applicants have constructed Simms Creek Pond No. 2 and have impounded not greater than 1.0 acre feet of water for the beneficial uses claimed. The surface area of the high water line is not greater than 0.25 acres, the maximum height of the dam is not greater than 7 feet and the length of the dam is not greater than 100 feet. Construction was completed and water placed to beneficial use by June 30, 2003. E. Simms Creek Pond No. 3 - Claim is to Make Absolute. (1) Legal description: The dam for this reservoir is located in the NW1/4 SE1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 1950 feet from the south line and 2060 feet from the east line of said Section 36. (2) Source: Surface flows of Simms Creek, tributary to the South Platte River. (3) Date of appropriation: May 12, 1996. (4) Amount: 1.0 acre feet. (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. (6) Claim to Make Absolute: Applicants have constructed Simms Creek Pond No. 3 and have impounded not greater than1.0 acre feet of water for the beneficial uses claimed. The surface are of the high water line is not greater than 0.25 acres, the maximum height of the dam is not greater than 7 feet and the length of the dam is not greater than 100 feet. Construction was completed and water placed to beneficial use by June 30, 2003. F. Simms Creek Pond No. 4 - Claim is to make absolute and for change of water right. (1) Legal description: The dam for this reservoir is located in the NW1/4 NE1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., at Google Earth Plus: N 38 deg 52 min 39.9 sec, W 105 deg 30 min 15.5 sec. (2) Source: Simms Creek Springs No. 1 and No. 2 and the flows of an unnamed branch of Simms Creek tributary to the South Platte River. Simms Creek Springs No. 1 and No. 2 are decreed in Water Division 1, Case No. 96CW129 and are further described therein. (3) Date of appropriation: May 12, 1996. (4) Amount: 1.0 acre feet. (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. (6) Claim to Make Absolute and for Change of Water Right: Applicants have constructed Simms Creek Pond No. 4. The as-built structure center of the dam is greater than 200 feet from the legal description as originally adjudicated, hence, an Application for Change of Water Right is requested to change the legal description to the “as-built” legal description which is set forth as the GPS coordinates in Paragraph F(1) above. The Applicants have stored for the beneficial uses adjudicated not greater than1.0 acre feet of water in the pond with a surface area of not greater than 0.29 acres with a maximum dam height of not greater than 7 feet and maximum dam length of not greater than 100 feet. Construction was completed and water placed to beneficial use by June 30, 2003. G. Simms Creek Pond No. 5 - To Make Absolute and for Change of Water Right. (1) Legal description: The dam for this

reservoir is located in the NE1/4 SE1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., at Google Earth Plus: N 38 deg 52 min 46.6 sec, W 105 deg 30 min 5.9 sec. (2) Source: Simms Creek Springs No. 1 and No. 2 and the flows of an unnamed branch of Simms Creek tributary to the South Platte River. Simms Creek Springs No. 1 and No. 2 are decreed in Water Division 1, Case No. 96CW129 and are further described therein. (3) Date of appropriation: May 12, 1996. (4) Amount: 1.0 acre feet. (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. (6) Claim to Make Absolute and for Change of Water Right: Applicants have constructed Simms Creek Pond No. 5. The as-built structure center of the dam is greater than 200 feet from the legal description as originally adjudicated, hence, an Application for Change of Water Right is requested to change the legal description to the “as-built” legal description which is set forth as the GPS coordinates in Paragraph G(1) above. The Applicants have stored for the beneficial uses adjudicated not greater than 1.0 acre feet of water in the pond with a surface area of not greater than 0.72 acres with a maximum dam height of not greater than 9 feet and maximum dam length of not greater than 180 feet. Construction was completed and water placed to beneficial use by June 30, 2003. H. Simms Creek Pond No. 6 - Claim is for Finding of Diligence (1) Legal description: The dam for this reservoir is located in the SW1/4 NE1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 2500 feet from the north line and 2250 feet from the east line of said Section 30. (2) Source: Surface flows of Simms Creek tributary to the South Platte River. (3) Date of appropriation: July 26, 1996. (4) Amount Claimed: 1.0 acre feet conditional. (5) Proposed Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. I. Simms Creek Pond No. 7 - Claim is to Make Absolute (1) Legal description: The dam for this reservoir is located in the NW1/4 NW1/4 of Section 31, Township 13 South, Range 72 West, 6th P.M., being 720 feet from the north line and 1150 feet from the west line of said Section 31. (2) Source: Surface flows of Simms Creek tributary to the South Platte River. (3) Date of appropriation: July 26, 1996. (4) Amount: 0.5 acre feet. (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. (6) Claim to Make Absolute: Applicants have constructed Simms Creek Pond No. 7 and impounded and placed to beneficial use for the adjudicated uses not greater than 0.5 acre feet with a surface area at the high water line of not greater than 0.12 acres, with a maximum dam height of not greater than 6 feet and dam length of not greater than 75 feet. Construction was completed and water placed to beneficial use by June 30, 2003. J. Simms Creek Pond No. 8 - Claim is to Make Absolute. (1) Legal description: The dam for this reservoir is located in the NW1/4 NW1/4 of Section 31, Township 13 South, Range 72 West, 6th P.M., being 900 feet from the north line and 1100 feet from the west line of said Section 31. (2) Source: Surface flows of Simms Creek tributary to the South Platte River. (3) Date of appropriation: July 26, 1996. (4) Amount: 0.8 acre feet. (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. (6) Claim to Make Absolute: Applicants have constructed Simms Creek Pond No. 8 and have impounded water for the decreed beneficial uses in an amount not greater than 0.8 acre feet with a surface are of the high water line not greater than 0.20 acres, and a maximum dam height not greater than 6 feet, and a maximum dam length not greater than 75 feet. Construction was completed and water placed to beneficial use by June 30, 2003. K. High Chaparral Pond No. 1 - For Finding of Diligence. (1) Legal description: The dam for this reservoir is located in the NW1/4 NE1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 600 feet from the north line and 2480 feet from the east line of said Section 36. (2) Source: High Chaparral Spring No. 2, High Chaparral Spring No. 1 decreed in Water Division 1, Case No. 96CW128 and the flows of an unnamed drainage tributary to the South Platte River. (3) Date of appropriation: July 26, 1996. (4) Amount Claimed: 0.4 acre feet conditional (5) Proposed Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage

for these uses. (6) Claim for Finding of Diligence: Applicants have constructed High Chaparral Pond No. 1, however no water has been impounded or placed to beneficial use. The as-built nature of the pond is that it is segmented. The structure is set in a deep gully and to prevent erosion, two berms separated from one another and ultimately to be determined as High Chaparral Pond No. 1A and High Chaparral Pond No. 1B, will be requested when Applicants seek to request an absolute decree. At that time, a change of water right will be requested to reflect that change occasioned by its actual construction. In addition, the pipeline from High Chaparral Spring No. 1 which will provide the water for the structures has been surveyed. L. High Chaparral Pond No. 2 - Claim is for Finding of Diligence. (1) Legal description: The dam for this reservoir is located in the SW1/4 SW1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 1150 feet from the south line and 1090 feet from the west line of said Section 30. (2) Source: An unnamed drainage tributary to Simms Creek, tributary to South Platte River and storage water from Simms Creek Pond No. 7 and No. 8. (3) Date of appropriation: July 26, 1996. (4) Amount Claimed: 0.5 acre feet conditional. (5) Proposed Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. M. High Chaparral Pond No. 3 - Claim is for Finding of Diligence. (1) Legal description: The dam for this reservoir is located in the SW1/4 SW1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 840 feet from the south line and 1150 feet from the west line of said Section 30. (2) Source: An unnamed drainage tributary to Simms Creek, tributary to South Platte River and storage water from Simms Creek Pond No. 7 and No. 8. (3) Date of appropriation: July 26, 1996. (4) Amount Claimed: 2.6 acre feet conditional (5) Proposed Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. N. High Chaparral Pond No. 4 - Claim is to Make Absolute. (1) Legal description: The dam for this reservoir is located in the NE1/4 SE1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 2610 feet from the south line and 1150 feet from the east line of said Section 36. (2) Source: An underlying spring, tributary to Simms Creek, tributary to the South Platte River. (3) Date of appropriation: July 26, 1996. (4) Amount: 4.0 acre feet. (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. (6) To Make Absolute: Applicants have constructed High Chaparral Pond No. 4 and impounded not greater than 4.0 acre feet for the beneficial uses adjudicated. The as-built impoundment is circular in a “U” shape, hence the length of the dam is greater than 100 feet, however, height of the dam is not greater than 8 feet and the surface area at the high water line is not greater than 1.0 acres. Construction was completed and water placed to beneficial use by June 30, 2003. O. High Chaparral Pond No. 5 - Claim is to Make Absolute. (1) Legal description: The dam for this reservoir is located in the NE1/4 SW1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 1950 feet from the south line and 1950 feet from the west line of said Section 36. (2) Source: High Chaparral Spring No. 2 and the flows in an unnamed drainage, tributary to the South Platte River. (3) Date of appropriation: July 26, 1996. (4) Amount: 0.3 acre feet. (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. (6) To Make Absolute: Applicants have constructed High Chaparral Pond No. 5 and impounded water for the beneficial uses adjudicated in an amount not greater than 0.3 acre feet. The surface area at the high water line is not greater than 0.07 acres and the maximum height of the dam is not greater than 6 feet. The pond is circular and hence, the length of the dam is greater than 100 feet. P. High Chaparral Pond No. 6 - Claim is for Finding of Diligence. (1) Legal description: The dam for this reservoir is located in the NW1/4 NW1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 1120 feet from the north line and 1120 feet from the west line of said Section 30. (2) Source: High Chaparral Spring No. 3 and the flows of an unnamed drainage, tributary to the South Platte River. (3) Date of appropriation: July 26, 1996. (4) Amount claimed: 0.5 acre feet conditional. (5) Proposed uses: Riparian habitat, wildlife habitat, fish

propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. Q. High Chaparral Pond No. 7 - Claim is for Finding of Diligence. (1) Legal description: The dam for this reservoir is located in the NW1/4 NW1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 1000 feet from the north line and 1210 feet from the west line of said Section 30. (2) Source: High Chaparral Spring No. 3 and the flows of an unnamed drainage, tributary to the South Platte River. (3) Date of appropriation: July 26, 1996. (4) Amount Claimed: 0.4 acre feet conditional (5) Proposed Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. R. High Meadows Pond No. 1 - Claim is to Make Absolute. (1) Legal description: The dam for this reservoir is located in the NW1/4 NE1/4 of Section 1, Township 14 South, Range 73 West, 6th P.M., being 100 feet from the north line and 1800 feet from the east line of said Section 1. (2) Source: High Meadows Spring No. 1, No. 2 and No. 3, and High Meadows Forebay and Pipeline and also an unnamed drainage, tributary to Simms Creek, tributary to the South Platte River. High Meadows Spring No. 1, No. 2 and No. 3 and High Meadows Forebay and Pipeline are decreed in Water Division 1, Case No. 96CW129 and are further described therein. (3) Date of appropriation: July 26, 1996. (4) Amount: 1.2 acre feet (5) Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. (6) Claim to Make Absolute: High Meadow Pond No. 1 has been constructed. Water has been placed to beneficial use for the decreed purposes. The amount of water in storage is not greater than 1.2 acre feet. The surface area at the high water line is not greater than 0.26 acres. The height of the dam is not greater than 8 feet and the length of the dam is not greater than 180 feet. Construction was completed and water placed to beneficial use by June 30, 2003. S. High Meadows Pond No 2 - Claim is for Finding of Diligence. (1) Legal description: The dam for this reservoir is located in the SW1/4 SE1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 210 feet from the south line and 1850 feet from the east line of said Section 36. (2) Source: High Meadows Spring No. 1, No. 2 and No. 3, and High Meadows Forebay and Pipeline and also an unnamed drainage, tributary to Simms Creek, tributary to the South Platte River. High Meadows Spring No. 1, No. 2 and No. 3 and High Meadows Forebay and Pipeline are decreed in Water Division 1, Case No. 96CW129 and are further described therein. (3) Date of appropriation: May 12, 1996. (4) Amount Claimed: 1.2 acre feet conditional. (5) Proposed Uses: Riparian habitat, wildlife habitat, fish propagation, wetlands enhancement, erosion control, livestock watering and storage for these uses. 4. The eight water rights for which diligence is sought herein, together with the six surface water rights adjudicated in Water Division 1, Case No. 96CW129, together with a plan for augmentation to replace out of priority depletions caused by the completion and placement to beneficial use of the six surface water rights adjudicated in 96CW129, and the water rights adjudicated in 96CW1038, were all part of an integrated plan of the Applicants to develop an overall wildlife habitat environment for their property which includes the development of wetlands as well as ponds to maintain fish, wildlife and livestock watering, and the attendant riparian habitat enhancement resulting from the endowment of the water for such storage purposes. To implement these concepts, Applicants have constructed several small ponds and reservoirs and developed several small springs for those purposes. Twelve (12) of those ponds and springs are applied for herein for absolute status in this case. All of the eight surface and storage water rights which are the subject matter for continued diligence in this case are being sought for maintaining their conditional water rights status as part of that overall integrated plan and diligence on one part of the system is considered diligence on all parts. Expenditures relating to the diligence on the six surface water rights adjudicated in 96CW129, together with the diligence on and making absolute the water rights adjudicated in this case was $266,380.00. As to each of the surface water rights structures referenced herein and sought to be maintained as conditional water rights, site work preparation, cleaning and maintenance of those structures was accomplished. Based on the expenditures relating to development of the overall wildlife habitat plan, the construction of certain ponds, the

development of certain springs set forth in this case and the companion cases filed herewith seeking diligence and absolute adjudication of those water rights adjudicated in 96CW128 and 96CW129, as augmented by the plan of augmentation, adjudicated in 96CW1038, the Applicants have established that they can and will complete the development of the adjudicated water rights and place them to beneficial use within a reasonable period of time. (See map attached as Exhibit A.) 5. All of the adjudicated structures and places of use, with the exception of High Meadow Pond No. 1 are on lands owned by the Applicants. High Meadow Pond No. 1 and its place of use is on property owned by Lynn A. Jacobson, 334 Whitman Court, Palo Alto, California 94301. 08CW301 MITCHEL A. ROEDER, 5001 5th Avenue, P. O. Box 383, Timnath, CO 80547. Telephone: 970-224-3809.Attorneys: Hill and Hill, LLC, Alden V. Hill, Reg. #2021, 160 West Mountain Avenue, P. O. Box 421, Fort Collins, CO 80522, Telephone: (970) 482-3683. APPLICATION FOR UNDERGROUND WATER RIGHT, IN LARIMER COUNTY. 2.Name of well and permit, registration, or denial numbers: Roeder Well; permit, registration, or denial number: none known. Believe well drilled in 1963. 3. Legal description of well: County of Larimer, NE1/4 of Section 34, Township 7 North, Range 68 West of the 6th P.M. Distance from section lines: 45 feet from the north line of Lot 15, then approximately 10 feet east in Block 9, Timnath, Colorado. Street Address: 5001 5th Avenue, Timnath, CO 80547; Subdivision: None; Lot: 15 and W1/2 of 14; Block 9. No points were averaged. 4. (A) Source: Ground water tributary to Cache La Poudre River. (B) Depth: 36 feet. 5. (A) Date of appropriation: September 30, 1963. (B) How appropriation was initiated: Drilling well and use. (C) Date water applied to beneficial use: September 30, 1963. 6. Amount claimed: 11 gpm; absolute. 7. If well is non-tributary: N/A. 8. Proposed use: (A) Irrigation. (1) Number of acres historically irrigated: Less than 1/3 of an acre, or approximately 10,000.00 square feet. (2) total number of acres proposed to be irrigated: 1/3. (3) The legal description of the land irrigated: Part of Lot 15 and West 1/2 of Lot 14, Block 9, Timnath, Colorado. (4) Area of lawns and gardens irrigated: 10,000 square feet. 9. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool: None. 08CW302 CONCERNING THE APPLICATION FOR SURFACE WATER RIGHTS OF GEORGE LAVELLE IN TELLER COUNTY, COLORADO. APPLICATION FOR WATER STORAGE RIGHT IN TELLER COUNTY. I. NAME, ADDRESS AND TELEPHONE NUMBER OF APPLICANT: George Lavelle, 528 Cochetopa, Florissant, CO 80816, (719) 687-3345 Name, Address and Telephone Number of Applicants’ Attorneys: FELT, MONSON & CULICHIA, LLC, Michael J. Gustafson, #37364, James G. Felt, #4369, 319 N. Weber St., Colorado Springs, CO 80903, (719) 471-1212 II. APPLICATION FOR WATER STORAGE RIGHT. A. Name of Structure: Lavelle Pond Enlargement. B. Legal Description of Lavelle Pond: In the SE1/4, SE1/4, Section 15, Township 13 South, Range 70 West, 6th P.M., being 1,000 feet from the east line and 1,160 feet from the south line of said Section 15. The Lavelle Pond is located on Lot 9, Colorado Woodland Estates (“Applicant’s Property”). C. Source: The source of water for the Lavelle Pond Enlargement is the water stored in the Lavelle Pond pursuant to the decree in Water Court, Division 1, Case No. 99CW192. The Lavelle Pond’s source of water is an unnamed tributary of Twin Creek, tributary to the South Platte River. D. Date of Initiation of Appropriation December 31, 2000. E. Uses: Irrigation, recreation, and firefighting. F. Number of acres proposed to be irrigated: 0.12 acres of native plants and grasses located on Applicants Property in the SE1/4, SE1/4, Section 15, Township 13 South, Range 70 West, 6th P.M. G. Remarks: The Lavelle Pond Enlargement represents only an addition of uses of the water stored in the Lavelle Pond pursuant to the decree in Water Court, Division 2, Case No. 99CW192. The Lavelle pond is decreed for storage of 1.3 acre feet fill and refill for piscatorial,

riparian habitat, wildlife habitat, recreation, and wetland enhancement uses on Applicant’s Property. Applicant requests no additional storage in or diversions to the Lavelle Pond, but rather only additional uses for the quantities of water already decreed to the pond. Specifically, Applicant requests that the additional uses of recreation, firefighting and irrigation be decreed to the Lavelle Pond. With regard to the recreation use, Applicant pumps water stored in the Lavelle Pond to an approximately 125’ long water feature that circulates water between two forebays that are approximately 15' x 20' wide and 4' deep. With regard to the firefighting use, Applicant pumps water from the Lavelle Pond for storage in three firefighting retention structures located on Applicant’s Property (hereinafter retention structures 1, 2, and 3). The water stored in the retention structures is intended to be used by the local fire district for fire protection on Applicant’s Property and the surrounding area. Retention structure 1 has an approximate surface area of 15' x 25' and is approximately 5' deep. Retention structure 2 has an approximate surface area of 15' x 35' and is approximately 6' deep. Retention structure 3 has an approximate surface area of 12' x 25' and is approximately 3' deep. The retention structures have a combined storage volume of approximately 0.14 acre feet. The drawing attached hereto as Exhibit A depicts the general location of the recreation forebays and the retention structures. With regard to the irrigation use, Applicant releases water from the retention structures during the irrigation season to irrigate approximately 0.12 acres of land located on Applicant’s Property. H. Name and address or owners: The Lavelle Pond Enlargement is located on Applicant’s Property. 08CW303 TOWN OF MORRISON, P.O. Box 95, Morrison, CO 80465, telephone: (303) 697-8749 AND AGGREGATE INDUSTRIES - WEST CENTRAL REGION INC. (Formerly CAMAS Colorado, Inc.), 3609 S. Wadsworth Blvd. Suite 300, Lakewood, Colorado 80235, telephone: (303) 989-0300. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. Please direct pleadings to: Cynthia F. Covell, Esq., Alperstein & Covell, P.C., 1600 Broadway, Suite 2350, Denver, CO 80202-4923, telephone: (303) 894-8191 and Timothy J. Flanagan, Esq., Fowler, Schimberg & Flanagan, P.C., 1640 Grant St. Suite 300, Denver, CO 80203, telephone (303) 298-8603. Names of structures: A. Morrison Quarry Pipeline No. 2; B. Morrison Quarry Reservoir No. 1; C. Morrison Quarry Reservoir No. 2. Description of conditional water right: Date of original decree: December 4, 2002; Case No.: 99CW225; Court: Water Court, Water Division 1. Location: A. Morrison Quarry Pipeline No. 2 will divert from Strain Gulch at a point lying in the SE1/4 of the NE1/4 of Section 10, Township 5 South, Range 70 West of the 6th P.M. from which the NE Corner of said Section 10 bears N 33°15'07" E a distance of 1835.66' and from which NE Corner the North 1/4 Corner of said Section 10 bears S 89°40'25" W a distance of 2580.59 feet and from which North 1/4 Corner the point lies S 45°59'33" E a distance of 2188.41 feet, Town of Morrison, County of Jefferson, State of Colorado. B. Morrison Quarry Reservoir No. 1 is an off-channel reservoir located in the NE and SE Quarter Sections of Section 10, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. C. Morrison Quarry Reservoir No. 2 is an off-channel reservoir located in the NE Quarter Section of Section 10, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. Source: Strain Gulch via the Morrison Quarry Pipeline No.2, tributary to Bear Creek, tributary to the South Platte River. Appropriation date: December 27, 1999. Amount: A. Morrison Quarry Pipeline No. 2: 20 cfs conditional. B. Morrison Quarry Reservoir No. 1: 650 AF conditional. C. Morrison Quarry Reservoir No. 2: 3,000 AF conditional. Uses. Irrigation, agricultural, commercial, industrial, and all municipal uses and the right to exchange, for irrigation, agricultural, commercial, industrial, and all municipal uses, including but not limited to, domestic, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreational, piscatorial, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and replacement, adjustment and regulation of municipal water systems, including further exchange with municipal or industrial water systems,

and other such water uses. Point of Diversion: The decree in Case No. 99CW225 provides that water will be diverted to storage in the Morrison Quarry Reservoir Nos. 1 and 2 from the Morrison Quarry Pipeline No. 2, located as described above. Additional Information from Decree. Paragraph 7 of the decree in Case No. 99CW225 provides the following explanatory provision: “The Morrison Quarry Reservoirs No. 1 and No. 2 were conditionally decreed in Case No. 95CW126 for storage of 650 acre-feet and 3,000 acre-feet respectively. The sources of water decreed for diversion to these reservoirs in Case No. 95CW126 are direct diversions from Bear Creek via two intakes and diversion from Strain Gulch via the previously-decreed 1.0 cfs Cooley Morrison Quarry Pipeline. Applicants have since determined that during certain times of the year, inflows to Strain Gulch are greater than the capacity of the 1.0 cfs Cooley Morrison Quarry Pipeline which was approved for diversions of Strain Gulch inflows into the reservoirs in Case No. 95CW126. Applicants here seek to store water in the Morrison Quarry Reservoir No. 1 and No. 2 via the Morrison Quarry Pipeline No. 2, providing a point of diversion to storage in addition to the points of diversion decreed in Case No. 95CW126. The maximum amount of water that may be stored annually in Morrison Quarry Reservoir No.1 pursuant to the decree in Case No. 95CW126 and this decree will not exceed 650 acre-feet, and the maximum amount of water that may be stored annually in Morrison Quarry Reservoir No. 2 pursuant to the decree in Case No. 95CW126 and this decree will not exceed 3,000 acre-feet. The purpose and intent of this decree is to provide an additional location from which water may be diverted from Strain Gulch to storage in the Morrison Quarry Reservoir No. 1 and No. 2.” Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. Morrison operates augmentation plans decreed in Case Nos. 82CW425 and 87CW301, which authorize storage of certain changed irrigation rights. These rights may be stored in Morrison Quarry Reservoir No. 1 pursuant to the decree entered in Case No. 94CW209, which identifies the alternate place of storage as the “Morrison Reservoir No. 2.” This reservoir was later renamed “Morrison Quarry Reservoir No. 1” In addition, Morrison holds storage decrees allowing water to be stored in Morrison Quarry Reservoir No. 1 and/or Morrison Quarry Reservoir No. 2. These decrees include Case No. 94CW209 (authorizing the Morrison Quarry Reservoir No. 1 as an alternate place of storage for storage rights decreed in Case Nos. 81CW358 and 83CW053) and 95CW126 (allowing storage from Bear Creek in Morrison Quarry Reservoirs Nos. 1 and 2.) Aggregate Industries conducts a gravel pit operation in the vicinity of Morrison Quarry Reservoir Nos. 1 and 2, and holds water rights decreed in connection with its operations Case Nos. 86CW064, 86CW065 and 86CW066, as well as Case No. 95CW126 and 99CW225. The Morrison Quarry Reservoir No. 1 has been constructed, and, beginning in 2003, water has been diverted from Bear Creek and stored in Morrison Quarry Reservoir No. 1 pursuant to some or all of the above-named decrees. Morrison Quarry Reservoir No. 2 has recently been completed. The Morrison Quarry Pipeline No. 2 has not yet been constructed, and water has not yet been stored via this pipeline. Pursuant to C.R.S. § 37-92-301(4)(b), when an integrated system is composed of several features, as is the case here, work on one feature of the system is considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. The Morrison Quarry Pipeline No. 2 and the associated storage rights decreed in Case No. 99CW225 are part of Morrison’s integrated municipal water supply system, which provides water within the Town of Morrison, and extraterritorially by agreement. Morrison’s augmentation plans have been operated since they were decreed in 1985 and 1988, respectively, and water diverted from Bear Creek has been stored in the Morrison Quarry Reservoir No. 1 since 2003. Morrison has provided the accountings required by the water commissioner and the Division Engineer. Likewise, the Morrison Quarry Pipeline No. 2 and the associated storage rights decreed in Case No. 99CW225 are part of Aggregate Industries’ industrial water supply for its gravel operations at its Morrison Quarry site. During this diligence period, Morrison contracted for an $800,000 improvements project to install a microfiltration membrane filtration system for its water

treatment plant, which will have a firm capacity of 0.5 MGD, expandable to a firm capacity of 1.0 MGD. This project was commenced December 1, 2007, and has been completed. In addition, during this diligence period, Aggregate Industries completed excavation at the Morrison Quarry Reservoir No. 1 site, and the Applicants collectively installed monitor wells and reservoir infrastructure to enable use of the Morrison Quarry Reservoir No. 1 as a storage vessel, and expended in excess of $310,000 for repairs, operation and maintenance of the Morrison Quarry Reservoir No. 1. Aggregate Industries has recently completed a portion of the excavation of Morrison Quarry Reservoir No. 2, the current available volume in Morrison Quarry Reservoir No. 2 is 1642 acre-feet. Morrison’s legal fees related to Morrison Reservoir No. 2 in 2007 and 2008 (years for which data are readily available), totaled approximately $5,000.00. Morrison has spent over $100,000 on engineering services related to water rights accounting, including accounting for diversions to storage in Morrison Quarry Reservoir No. 1, analysis of the Town’s water rights yield with expanded reservoir storage, protection of the Town’s water rights, engineering analysis and design of reservoir improvements, and other water engineering services related to increasing the Town’s water supply and storage capabilities. Applicants have maintained diligence in the development of their conditional water rights and have participated as an objector in water rights applications filed by others in order to protect its water rights. During the years 2007-2008 Morrison expended in excess of $5,200.00 in legal fees for such matters. WHEREFORE, Applicants request this Court to find that they have exercised reasonable diligence in putting to beneficial use the water rights decreed to the Morrison Quarry Pipeline No. 2, and the Morrison Quarry Reservoir Nos. 1 and 2 as decreed in Case No. 99CW225, and to enter an order continuing these conditional water rights for another period of six years, or such period as may otherwise be permitted by law. (7 pages) 08CW304 (2000CW102) South Adams County Water and Sanitation District, 6595 E. 70th Avenue Commerce City, Colorado 80022 (303) 288-2646 (c/o Richard J. Mehren, No. 32231, Marjorie L. Sant, No. 35851 Moses, Wittemyer, Harrison & Woodruff, P.C., P.O. Box 1440, Boulder, Colorado 80306-1440, (303) 443-8782) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN ADAMS COUNTY. 2. Name of structure: SACWSD Well No. 80. 3. Description of Conditional Water Right: A. Previous Decree: SACWSD Well No. 80 was originally decreed by this Court in Case No. 2000CW102 on December 31, 2002. B. Decreed Location: SW1/4SE1/4 Section 29, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado, at or within 200 feet of a point 916 feet from the South section line and 1,640 feet from the East section line of said Section 29. C. Appropriation Date: May 30, 1996. D. Amount: 2,000 gpm CONDITIONAL, subject to an annual volumetric limit of 1,600 acre-feet. E. Source: Ground water tributary to the South Platte River. F. Depth: Approximately 100 feet. G. Use: Municipal water supply for South Adams County Water and Sanitation District for domestic, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife preservation and propagation and all other beneficial municipal uses of said District. H. Well Permit: N/A. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: A. On December 26, 2002, Applicant filed an application for a well permit for SACWSD Well No. 80. The application was approved on January 9, 2003, and Applicant was issued Well Permit 58906-F, which expired January 9, 2004, as SACWSD Well No. 80 has not yet been drilled. B. In April, 2003, Applicant hired Kumar & Associates at a cost of $4,500 to conduct a geotechnical assessment of the well site for SACWSD Well No. 80 in order to determine improvements to the property necessary to install a well house or vault on the site and to obtain access for a pipeline. C. Between February, 2003 and July, 2003, Applicant’s water consulting engineers performed modeling and well field simulations to determine probable well productivity, as well as well-to-well interference between SACWSD Well No. 80 and other wells Applicant owns at a cost of $6,059.50. D. The subject conditional water right is part of a unified

water supply system that is being constructed to supply water to the Applicant’s service, which includes the Commerce City area, for municipal and other purposes. During the diligence period, Applicant engaged in the following efforts to develop its municipal water and wastewater systems, at the approximate costs indicated: DILIGENCE ACTIVITY APPROXIMATE COST Legal fees incurred obtaining decrees for water rights that are part of Applicant’s unified water system and for participating as an opposer in various Water Court cases to protect Applicant’s water rights, including the subject conditional water right, from injury due to claims of other water users. $982,968 Engineering fees incurred related to Applicant’s opposition to various Water Court cases in order to protect Applicant’s water rights, including the subject conditional water right, from injury due to claims of other water users $382,601 General costs incurred in development, expansion, and enhancement of Applicant’s clean water treatment and distribution system of which SACWSD Well No. 80 is a part. The costs include establishing and improving wells and distribution lines, as well as improvements to the Klein Water Treatment Plant. $75,544,348

5. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. WHEREFORE, South Adams County Water and Sanitation District respectfully requests the Court to enter a decree finding that South Adams County Water and Sanitation District has proceeded with reasonable diligence toward the completion of the appropriation of the subject conditional water right and continuing the subject conditional water right in full force and effect for an additional diligence period. 08CW305 CONCERNING THE APPLICATION FOR WATER RIGHTS OF ELDORA ENTERPRISES, LLC IN BOULDER AND GILPIN COUNTIES 1. Name and Mailing Address of Applicant. Eldora Enterprises, LLC, P.O. Box 1697, 2861 Eldora Ski Road, Nederland, Colorado 80466, Copies of all pleadings to: Richard A. Johnson, Stephen C. Larson, David F. Bower, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304 2. Overview. Applicant, Eldora Enterprises, LLC (“Eldora”), operates Eldora Mountain Resort on its fee property and adjacent Forest Service property, which is located primarily in the Middle Boulder Creek basin and partially in the South Boulder Creek basin west of the Town of Nederland in southern Boulder County, Colorado (the “Resort”). Certain water rights facilities of the Resort are located in Gilpin County, Colorado. See the General Location Map attached hereto as Exhibit A. In this Application, Eldora seeks (a) the right to recapture, exchange and reuse its fully consumable snowmaking return flows which accrue to Jenny Creek in the South Boulder Creek basin; (b) to use the exchanged water to augment out-of-priority depletions arising at the Resort; and (c) to account for the exchanged water as fully reusable water pursuant to the snowmaking augmentation plan decreed in Case No. 02CW400. To the extent snowmaking return flows accrue to Jenny Creek upstream of the Jenny Creek Pipeline point of diversion, Eldora seeks to recapture these return flows directly and reuse them to extinction. 2.A. Water to be Recaptured and Reused. The Resort’s snowmaking operations are the subject of multiple water rights decrees and pending cases. Eldora has the decreed right to use, on a direct flow or storage basis, up to 22.95 acre-feet of consumptive use water per year changed from 1.83 shares in the Howard Ditch in Case No. W-7786-74 and 18.73 acre-feet of consumptive use water per year changed from a Howard Ditch share in Case No. 02CW400. Eldora also has decreed a

conditional water right in Case No. 02CW400, to fill and refill 40 acre-feet of storage in Kettle Pond, with the right to use and reuse this water to extinction. In addition to the above decreed rights, pending before the Water Court is Eldora’s Case No. 07CW231 to change the water right associated with one more share of the Howard Ditch, for an additional 18.73 acre-feet of consumptive use water to be used in the Resort’s snowmaking operations. After entry of a decree in Case No. 07CW231, Eldora will have the right to use up to 60.41 acre-feet of consumptive use water per year changed from 3.83 shares in the Howard Ditch, as well as the fully consumable Kettle Pond water, as part of its overall snowmaking operations. Eldora may also continue to develop additional sources of fully consumable water for snowmaking. By this application, Eldora seeks to recapture, exchange and reuse the return flows from all of its fully consumable snowmaking water which accrue to Jenny Creek (the “Recaptured Water.”) See the Path of South Boulder Creek Snowmaking Return Flows Map attached hereto as Exhibit B. 2.B. South Boulder Creek and Middle Boulder Creek Return Flows. In Case No. 02CW400, Eldora adjudicated the percentage of consumptive use of its snowmaking water and the right to recapture and reuse snowmaking return flows, directly and by exchange, accruing to the Middle Boulder Creek basin. The snowmaking return flow survey conducted by Applicant’s engineers pursuant to paragraph 10.T.vi of the decree in Case No. 02CW400 determined that 95.38% of the Resort’s snowmaking acreage is in the Middle Boulder Creek basin and 4.62% of the snowmaking acreage is in the South Boulder Creek basin. Eldora now seeks the right to recapture, exchange and reuse the snowmaking return flows from the snowmaking acreage in the South Boulder Creek basin. The amount of water available for Eldora to recapture, exchange and reuse will be based upon the same methodology for determining snowmaking consumptive use decreed in Case No. 02CW400, and the water will be accounted for as fully consumable water in the accounting for Case No. 02CW400. 3. Appropriative Right of Exchange. 3.A.Plan for Exchange. Eldora seeks a conditional appropriative right of exchange for its reusable nowmaking return flows which accrue to Jenny Creek in the South Boulder Creek basin. The return flows will be recaptured by exchange up Jenny Creek, to be diverted at the Jenny Creek Pipeline and stored in Peterson Lake, Lake Eldora and/or Kettle Pond for reuse and successive use to extinction. 3.B. Exchange Reach. i. Downstream Exchange Point: The downstream exchange point is the farthest downstream point where snowmaking return flows accrue to Jenny Creek, which is located in the Southwest 1/4 of Section 29, Township 1 South, Range 73 West of the 6th P.M., approximately 300 feet north of the South section line and 1,200 feet east of the West section line of Section 29. ii. Upstream Exchange Point: The upstream exchange point is the point of diversion for the Jenny Creek Pipeline, which is located in the Southeast 1/4 of the Southeast 1/4 of Section 30, Township 1 South, Range 73 West of the 6th P.M., at a point being North 11°17’ 29” West, 761.94 feet from the Southeast corner of Section 30. 3.C. Maximum Rate of Exchange. 0.5 cfs. 3.D. Uses. The exchanged water will be recaptured by exchange and reused to extinction for in-house potable and commercial uses, snowmaking, domestic, irrigation, stockwatering, wildlife, piscatorial, industrial, recreation, storage, augmentation, replacement and exchange. Storage shall be in Peterson Lake, Lake Eldora, and/or Kettle Pond. 3.E. Appropriation Date for Exchange. The appropriation date for this appropriative right of exchange is February 5, 2008, the date the decree in Case No. 02CW400 was entered by the Water Court, describing Eldora’s intent to appropriate its snowmaking return flows that accrue to the South Boulder Creek basin. 3.F. How Appropriation was Initiated. Formation of requisite intent, coupled with actions manifesting such intent sufficient to put third parties on notice, including the entry of the decree in Case No. 02CW400. 3.G. Remarks. The amount of water to be recaptured and reused will be calculated based upon (a) the amount of snowmaking acreage located in the South Boulder Creek basin and (b) the accounting methodology for determining snowmaking consumptive use as decreed in Case No. 02CW400. Eldora’s reuse may entail crediting its South Boulder Creek return flows against historic return flows obligations to South Boulder Creek under Case No. 02CW400. 4. Approval of Plan for Augmentation 4.A. Name and Description of Structures to

be Augmented: i. Peterson Lake. Peterson Lake is a 221 acre-feet natural on-channel lake that also stores 38 acre-feet of water above the natural lake level. Peterson Lake is located at a point that bears North 82°15' 44" East a distance of 1,322.04 feet from the Southwest corner of Section 21, Township 1 South, Range 73 West of the 6th P.M. Eldora was granted a water storage right in Peterson Lake in the amount of 259 acre-feet for all municipal uses, including domestic, industrial, fire protection, recreation and snowmaking, in Case No. 82CW239 by the Water Court on January 14, 1983. Out-of-priority diversions and evaporative losses for the water stored above the 221 acre-feet natural lake level will be augmented, in part, by the Recaptured Water, and the lake shall otherwise be augmented pursuant to the decree entered in Case No. 02CW400 and the decree to be entered in Case No. 07CW231. ii. Jenny Creek Pipeline. The Jenny Creek Pipeline diverts out of Jenny Creek, a tributary to South Boulder Creek, at a point located in the Southeast 1/4 of the Southeast 1/4 of Section 30, Township 1 South, Range 73 West of the 6th P.M., at a point being North 11°17’ 29” West, 761.94 feet from the Southeast corner of Section 30. Eldora was granted a direct flow right of 0.2 c.f.s. in the Jenny Creek Pipeline for all municipal, domestic, industrial and recreational uses in Case No. W-324 by the Water Court on April 20, 1972. Out-of-priority diversions at the Jenny Creek Pipeline are fully depletive of Jenny Creek and will be fully augmented, in part, by the Recaptured Water, and the Jenny Creek Pipeline shall otherwise be augmented pursuant to the decree entered in Case No. 02CW400 and the decree to be entered in Case No. 07CW231. iii. Lake Eldora. The outlet dam for Lake Eldora is located in the Northwest 1/4 of the Northeast 1/4 of Section 28, Township 1 South, Range 73 West of the 6th P.M. In Case No. 92CW153, Lake Eldora was decreed a water storage right, for 33.30 acre-feet with an adjudication date of December 31, 1992 and appropriation dates of (1) December 31, 1929 for domestic, irrigation, recreational (including fishing and wildlife) and fire protection uses, and (2) December 31, 1961 for municipal, industrial, snowmaking and augmentation uses. Out-of-priority diversions into Lake Eldora will be augmented, in part, by the Recaptured Water, and the lake shall otherwise be augmented pursuant to the decree entered in Case No. 02CW400 and the decree to be entered in Case No. 07CW231. Evaporative losses shall be administered in accordance with the terms and conditions of Case No. 92CW153. iv. Kettle Pond. The center point of Kettle Pond is located approximately 2,300 feet east of the West Section line and 2,300 feet north of the South section line, Section 29, Township 1 South, Range 73 West of the 6th P.M. Out-of-priority diversions to Kettle Pond shall be augmented, in part, by the Recaptured Water, and the lake shall otherwise be augmented pursuant to the decree entered in Case No. 02CW400 and the decree to be entered in Case No. 07CW231. 4.B. Water Rights to be Used for Augmentation: The source of augmentation water for the augmentation plan applied for herein is the Recaptured Water. This water will be accounted for as fully consumable water under the accounting for Case No. 02CW400. 4.C. Project Demands and Depletions: The Recaptured Water will be used (in conjunction with the augmentation water decreed in Case No. 02CW400 and the decree to be entered in Case No. 07CW231) to augment out-of-priority depletions at the Resort resulting from snowmaking, in-house potable and commercial uses, irrigation and evaporative losses, including the following: Total in-house potable and commercial uses and irrigation demands for the Jenny Creek Pipeline direct flow right are currently between 2 and 3 acre feet per year; are expected to be, but are not limited to, 6.0 acre-feet per year; and are fully depletive to Jenny Creek. In addition, storage in Peterson Lake above the natural lake level is expected to result in an annual evaporative loss of 2.18 acre-feet per year from the additional 1.4 exposed surface acres of water impounded above the 221 acre-feet natural lake level. Evaporation from Kettle Pond at full capacity is expected to be 3.28 acre-feet per year. Lake Eldora evaporation is expected to be 10.17 acre-feet per year, to be administered in accordance with its decree, or replaced and augmented as described herein and in Case Nos. 02CW400 and 07CW231. 4.D. Statement of Plan for Augmentation: Eldora shall use the Recaptured Water to, in part, replace out-of-priority depletions arising from use of water at the augmented structures described in paragraph 4.A herein. Applicant will install measuring devices and implement such

accounting procedures as may be reasonably required by the Division Engineer to ensure that depletions are fully replaced in amount, timing and location under this plan. WHEREFORE, Eldora requests that this Court enter a judgment and decree which provides as follows: (i) Grants the appropriative right of exchange described in Section 3 herein; (ii) Approves the plan for augmentation described in Section 4 herein; (iii) Finds that as a result of Eldora’s appropriative right of exchange and approved plan for augmentation 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. 08CW306 Riverside Irrigation District and Riverside Reservoir & Land Company (c/o Mark J. Wagner, Hill & Robbins, P.C., 1441 Eighteenth Street, Suite 100, Denver, CO 80220, 303-296-8100. APPLICATION FOR APPROVAL OF CONDITIONAL APPROPRIATE RIGHT OF EXCHANGE IN WELD AND MORGAN COUNTIES. 2. Name of water right: Riverside Augmentation Credit Exchange. 3. Description of exchange, locations, and structures: At times, more credits reach the South Platte River than are required to fully replace the well depletions under the augmentation plan decreed in Case No. 02CW86 on August 20, 2008, nunc pro tunc, July 11, 2008 (“Riverside Augmentation Plan”). This application is for a conditional appropriative right of exchange to recapture and redivert any augmentation credits that reach the South Platte River that are surplus to the depletion replacement requirements of the Riverside Augmentation Plan. This application does not seek approval of an augmentation plan and also does not seek to reopen the Riverside Augmentation Plan. Applicant may exchange and redivert those surplus credits for direct irrigation or commercial use, or for augmentation of depletions attributable to irrigation or commercial uses under the Riverside Augmentation Plan. Water that may be used pursuant to the conditional appropriative right of exchange sought herein include all sources of augmentation credit decreed in, or which may be added pursuant to the terms of, the decree in Case No 02CW86, including augmentation credits resulting from recharge structures or projects decreed in Case No. 02CW86 and Riverside’s portion of augmentation credits generated pursuant to the operation of previously decreed or pending recharge projects in the following cases: 88CW239, 90CW010 (W-2919), 90CW189, 88CW264(A), 89CW027, 86CW387, 88CW221, 96CW020. These surplus augmentation credits reach the South Platte River at various locations between the headgate of the Riverside Canal, located on the north bank of the South Platte River near Kuner, Colorado, in the SW/4 SW/4 Section 20, T5N, R63W of the 6th P.M., Weld County, Colorado, and the approximate confluence of Antelope Draw and the South Platte River located in SE/4 NE/4 of Section 5, T4N, R55W of the 6th P.M. approximately 2640 feet from the North section line and approximately 100 feet from the East section line. The said surplus credits may be exchanged and rediverted at the headgate of the Riverside Canal or at other points of diversion located within the exchange reach.4.Source: South Platte River, including surplus augmentation credits owned by, leased by, or otherwise available to Riverside that accrue to the South Platte River within the reach for the Riverside Augmentation Credit Exchange that exceed the amount necessary to fully replace depletions pursuant to the Riverside Augmentation Plan. 5. Date of Appropriation: December 31, 2008. This conditional water right was initiated by formation of intent and filing of this application. 6. Amount claimed: 125 c.f.s., CONDITIONAL. 7. Proposed use: Irrigation, commercial, and augmentation of irrigation and commercial uses pursuant to the Riverside Augmentation Plan. 8. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored: All land upon which the water exchanged will be diverted or stored is or will be owned or controlled by Riverside Reservoir & Land Company and/or the Riverside Irrigation District. 08CW307 (85CW204 & 89CW230(A)) SHAMBHALA INTERNATIONAL (VAJRADHATU), 1345 Spruce Street, Boulder, CO 80302, Phone: 303-449-6180, and

SHAMBHALA MOUNTAIN CENTER, 4921 County Road 68-C, Red Feather Lakes, CO 80545, c/o Alix L. Joseph, Esq., Burns, Figa & Will, P.C. 6400 S. Fiddler’s Green Circle, Suite 1000, Greenwood Village, CO 80111. Application for Amendment or Amendment to Plans for Augmentation, in LARIMER COUNTY. 2. Introduction/Purpose of Application. Shambhala International (Vajradhatu) (“SI”), formerly known as Rocky Mountain Dharma Center (“RMDC”), obtained approval from the Water Court in Water Division 1 for its plans for augmentation in Case Nos. 85CW204 (“Phase I Augmentation Plan”) and 89CW230(A) (“Phase II Augmentation Plan”). Shambhala Mountain Center (“SMC”) leases the real property and water rights involved in those decrees from SI. Both decreed Augmentation Plan phases provide for SI’s and SMC’s use of the same fourteen wells, including four then-existing wells and up to ten new wells, to operate in concert as alternate points of diversion to supply water to meet the needs of the Applicants’ religious camp. By this Application, SI and SMC seek a limited amendment to their Augmentation Plans, to change the decreed locations specified in Case Nos. 85CW204 and 89CW230(A) for five of the new wells that were authorized under the decreed plans for augmentation. 3. Decreed Structures that Require Augmentation (from previous decrees in Case Nos. 85CW204 and 89CW230(A)): A. New Wells: The Decrees in Case Nos. 85CW204 and 89CW230(A) provide that up to ten new wells, as SI determines are necessary to satisfy the water requirements at the camp (the “New Wells”), may be permitted, drilled to divert tributary groundwater from a depth of up to 500 feet, and used and accounted for under the Augmentation Plan Decrees. The New Wells are decreed in the amount of 50 G.P.M. for each well, subject to the cumulative operations and limits described in ¶ 3.D below. The locations originally decreed for the New Wells were based on SI’s understanding of the best location for each well at that time. One location (for RMDC Well No. 12, as described below) has been changed by previous Water Court Decree in Case No. 97CW113. Those previously decreed locations include: i. RMDC Well No. 4, located in the SE1/4 NW1/4, S23, T9N, R73W, 6th P.M., Larimer County, being 2,000 feet S from the N Sec. line and 2,850 feet West from the E Sec. line of said Section 23. ii. RMDC Well No. 6, located in the SE1/4 NW1/4, S23, T9N, R73W, Larimer County, being 2,400 feet from the N Sec. line and 2,700 feet from the E Sec. line of said Section 23. iii. RMDC Well No. 7, located in the NE1/4 SW1/4, S23, T9N, R73W, Larimer County, being 3,400 feet from the N Sec. line and 2,600 feet from the E Sec. line of said Section 23. iv. RMDC Well No. 8, located in the NE1/4 NE1/4, S23, T9N, R73W, Larimer County, being 250 feet from the N Sec. line and 760 feet from the E Sec. line of said Section 23. v. RMDC Well No. 9, located in the NE1/4 NW1/4, S23, T9N, R73W, Larimer County, being 500 feet from the N Sec. line and 3,300 feet from the E Sec. line of said Section 23. vi. RMDC Well No. 10, located in the NW1/4 NE1/4, S23, T9N, R73W, Larimer County, being 200 feet from the N Sec. line and 2,500 feet from the E Sec. line of said Section 23. vii. RMDC Well No. 11, located in the SE1/4 NW1/4, S23, T9N, R73W, Larimer County, being 2,400 feet from the N Sec. line and 3,300 feet from the E Sec. line of said Section 23. viii. RMDC Well No. 12 (a/k/a Teacher’s Well), originally decreed location in the NE1/4 NW1/4, S23, T9N, R73W, Larimer County, being 1,200 feet from the N Sec. line and 2,880 feet from the E Sec. line of said Section 23. This initially decreed location for RMDC Well No. 12 was subsequently changed by the decree in Case No. 97CW113 (Water Division 1), entered August 3, 2005, to a new location in the SE1/4 NE1/4, S23, T9N, R73W, Larimer County, being 1,550 feet from the N Sec. line and 35 feet from the E Sec. line of said Section 23. ix. RMDC Well No. 13, located in the NE1/4 NW1/4, S23, T9N, R73W, Larimer County, being 40 feet from the N Sec. line and 3,100 feet from the E Sec. line of said Section 23. x. RMDC Well No. 14, located in the SW1/4 SW1/4, S14, T9N, R73W, Larimer County, being 1,000 feet from the S. Sec. line and 4,500 feet from the E Sec. line of said Section 14. B. Existing Wells: The Decrees in Case Nos. 85CW204 and 89CW230(A) also provide that four existing wells can be used together with the New Wells pursuant to the Augmentation Plans. Two of these four existing wells, known as the Laundry Well and Kitchen Well, were initially decreed in Case No. 81CW11 (decree entered August 28, 1981). The four

existing wells are described as follows: i. Laundry Well, Permit No. 61925, located in the NW1/4 NE1/4, S23, T9N, R73W, Larimer County, being 1,000 feet from the N Sec. line and 1,575 feet from the E Sec. line of said Section 23. Depth: 180 feet Date of Appropriation: July 5, 1972 Amount Decreed: 0.022 c.f.s., absolute ii. Kitchen Well, Permit No. 62334-A, located in the NW1/4 NE1/4, S23, T9N, R73W, Larimer County, being 700 feet from the N Sec. line and 2,500 feet from the E Sec. line of said Section 23. Depth: 300 feet Date of Appropriation: July 7, 1972 Amount Decreed: 0.0022 c.f.s., absolute iii. Rinpoche’s Well (Well No. 3), Permit No. 31507-F, located in the SW1/4 NE1/4, S23, T9N, R73W, Larimer County, being 1,500 feet from the N Sec. line and 2,400 feet from the E Sec. line of said Section 23. Depth: 500 feet Date of Appropriation: April 22, 1987 Amount Decreed: 0.017 c.f.s, absolute iv. Naga Well (Well No. 5), Permit No. 32516-F, located in the NW1/4 NE1/4, S23, T9N, R73W, Larimer County, being 1,300 feet from the N Sec. line and 1,850 feet from the E Sec. line of said Section 23. Depth: 300 feet Date of Appropriation: October 5, 1987 Amount Decreed: 0.0334 c.f.s., absolute C. Source of Water: The wells divert groundwater tributary to Elkhorn Creek and its tributaries. Elkhorn Creek is a tributary of the Cache La Poudre River. All depletions to the stream system from diversion and use of these wells are augmented pursuant to both of Applicants’ augmentation plan decrees, Case Nos. 85CW204 and 89CW230(A). D. Combined Operation of Wells: The Phase I Augmentation Plan decree provides that the four existing wells and up to ten New Wells, as described above, may act in concert as alternate points of diversion for one another to withdraw water up to the decreed limits on combined pumping for all wells of 25 a.f. per year, and 19.8 a.f. annually on a 10-year running average. E. Decreed Uses: These wells were decreed in Case No. 85CW204 for domestic, residential, camp, commercial, irrigation, fire protection, dust suppression, recreation and storage uses, subject to the terms and conditions of Applicants’ Augmentation Plan Decrees. F. Storage Rights: The Decrees in Case Nos. 85CW204 and 89CW230(A) also provide for storage rights at several structures located on tributaries to Elkhorn Creek. These decreed storage rights include both absolute and conditional rights. 4. Augmentation Water Rights (from previous decrees in Case Nos. 85CW204 and 89CW230(A)). In order to provide the necessary replacement water to the stream system, SI and SMC own and use or will use the following water rights. A. SI owns the following ditch rights, which are decreed for augmentation uses in the Phase I and II Augmentation Plans: i. The South Side Ditch. SI owns 3.0 cubic feet per second of the water rights decreed to the South Side Ditch. This water is diverted out of certain unnamed springs and undefined accumulations of water tributary to Manhattan Creek in the NW1/4 of S22, T9N, R73W, Larimer County. Adjudication Date: April 22, 1922. Appropriation Date: June 1, 1884. Originally decreed for irrigation uses, this water right was changed to allow augmentation use in Case No. 85CW204. ii. The Falls Ditch. SI owns 3.0 cubic feet per second of the water rights decreed to the Falls Ditch. This water is diverted out of the south side of Elkhorn Creek at a point where the north quarter corner of S15, T9N, R73W, Larimer County, bears north 70° east, thirteen chains. Adjudication Date: April 22, 1922. Appropriation Date: June 1, 1892. Originally decreed for irrigation uses, this water right was changed to allow augmentation use in Case No. 85CW204. iii. The Manhattan Ditch. SI owns 3.0 cubic feet per second of the water rights decreed to the Manhattan Ditch. This water is diverted out of Manhattan Creek in the NW1/4 SW1/4, S15, T9N, R73W, Larimer County, as well as in the NE1/4 SE1/4, S15, T9N, R73W, Larimer County. Adjudication Date: April 22, 1922. Appropriation Date: June 21, 1882. Originally decreed for irrigation uses, this water right was changed to allow augmentation use in Case No. 89CW230(A). B. SI owns thirteen and one-third (13-1/3) shares of preferred stock in the Mountain and Plains Irrigation Company, which were previously decreed for augmentation use in Case No. 85CW204. The Mountain and Plains Irrigation Company owns various water storage rights in the Cache La Poudre River Basin, which are described in detail in the decree in Case No. 85CW204. The yield of SI’s shares is available for release to meet Applicants’ augmentation requirements pursuant to said decree. 5. Summary of Operation and Administration of Existing Plans for Augmentation as

Decreed in Case Nos. 85CW204 and 89CW230(A): A. The decree in Case No. 85CW204 provides for the water needs of Phase I in the development of Applicants’ religious camp. This decree permits out-of-priority diversions and use of the above-described wells and one reservoir, Lake Sunyata, for the specified level of development, and provides augmentation water to replace any out-of-priority depletions from such diversions. Specifically, the decree establishes that the Applicants can augment depletions resulting from pumping up to 50 gallons per minute from each well, for domestic, residential, camp, commercial, irrigation, fire protection, dust suppression, recreation, and storage uses, on the conditions that total pumping of all the wells is not to exceed 25 acre-feet in any year and shall not exceed 19.8 acre-feet annually on a ten-year running average. B. The Water Court’s decree in Case No. 89CW230(A) provides for the future water needs during Phase II of the development of Applicants’ religious camp. This decree adds to the Augmentation Plan established in Case No. 85CW204 by adjudicating new conditional reservoir storage rights and by providing additional augmentation water rights to replace any out-of-priority depletions to the stream system from use of said reservoirs and the above-described wells to serve specified levels of development and total diversions beyond those specified in the Phase I Augmentation Plan. C. Both Decrees in Case Nos. 85CW204 and 89CW230(A) state that the Applicant’s land is located in Sections 14, 15 and 23 in T9N, R73W, in Larimer County. Attached as an exhibit to each of the Decrees is a map delineating the boundaries of the RMDC property. 6. Applicants seek to amend their decreed Augmentation Plans only as outlined below. A. SI and SMC seek to change the decreed locations for five of the New Wells decreed in Case Nos. 85CW204 and 89CW230(A). A map depicting these new proposed well locations is attached as Exhibit 1 to the Application. The proposed changes to the decreed locations are as follows: i. RMDC Well No. 6 Previously Decreed Location: SE1/4 NW1/4, S23, T9N, R73W, Larimer County, being 2,400 feet from the N Sec. line and 2,700 feet from the E Sec. line of said Section 23. Proposed Changed Location: In the SW1/4 SW1/4, S14, T9N, R73W, Larimer County, being 457 feet from the S Sec. line and 832 feet from the W Sec. line of said Section 14. ii. RMDC Well No. 9 Previously Decreed Location: NE1/4 NW1/4, S23, T9N, R73W, Larimer County, being 500 feet from the N Sec. line and 3,300 feet from the E Sec. line of said Section 23. Proposed Changed Location: In the SE1/4 SW1/4, S14, T9N, R73W, Larimer County, being 1,085 feet from the S Sec. line and 2,485 feet from the W Sec. line of said Section 14. iii. RMDC Well No. 11 Previously Decreed Location: SE1/4 NW1/4, S23, T9N, R73W, Larimer County, being 2,400 feet from the N Sec. line and 3,300 feet from the E Sec. line of said Section 23. Proposed Changed Location: In the SE1/4 SE1/4, S15, T9N, R73W, Larimer County, being 518 feet from the S Sec. line and 220 feet from the E Sec. line of said Section 15. iv. RMDC Well No. 13 Previously Decreed Location: NE1/4 NW1/4, S23, T9N, R73W, Larimer County, being 40 feet from the N Sec. line and 3,100 feet from the E Sec. line of said Section 23. Proposed Changed Location: In the SE1/4 SW1/4, S14, T9N, R73W, Larimer County, being 155 feet from S Sec. line and 1,307 feet from the W Sec. line of said Section 14. v. RMDC Well No. 14 Previously Decreed Location: SW1/4 SW1/4, S14, T9N, R73W, Larimer County, being 1,000 feet from the S Sec. line and 4,500 feet from the E Sec. line of said Section 14. Proposed Changed Location: In the SW1/4 SW1/4, S14, T9N, R73W, Larimer County, being 963 feet from the S Sec. line and 366 feet from the W Sec. line of said Section 14. B. Applicants’ property boundaries have changed slightly from those shown in maps attached to the previous decrees. Applicants’ camp property is now located within Sections 14, 15, 23 and 26 of T9N, R73W, in Larimer County. To the extent the previous decrees might be interpreted to define the place of use of Applicants’ wells and augmentation plans by reference to areas delineated in the maps attached to those decrees, SI and SMC request that such descriptions in both Augmentation Plan decrees be changed to reflect the camp’s current boundaries, which are shown on the map attached as Exhibit 1 to the Application. The changes include addition of some land owned by SMC, and removal of some land conveyed to another party. 7. All augmented wells and water uses shall remain subject to the decreed limits, combined well operation provisions and

replacement requirements as provided for in Case Nos. 85CW204 and 89CW230(A). 8. Applicants’ engineering consultant has confirmed that the proposed changed locations described above will not materially affect the amount, timing or location of depletions to the stream system from the augmented wells; that such depletions will be fully replaced as provided in the Augmentation Plan decrees; and that this limited amendment will not cause injury to the vested water rights of others. 9. Name and Address of Landowners: Applicants own the land where all structures are located except the location of RMDC Well No. 14, which is located on the property of No Big Deal Associates, Box 566, Crestone, Colorado 81131. 10. Except for the limited amendments described in 6 of this Application, the Augmentation Plans shall remain in full force and effect. SI and SMC maintain their rights to all other augmented wells and storage rights as established by the decrees in Case Nos. 85CW204, 89CW230(A) and 97CW113, and subsequent decrees for diligence maintaining their conditional rights and making some of their conditional rights absolute. 11. Applicants shall install and maintain any additional measuring devices and maintain such records as the Division Engineer may require for administration of Applicants’ changed well locations as applied for herein. 12. This application is 12 pages including one exhibit. 08CW308 MOUNTAIN VIEW RANCH, COTTONWOOD HILLS, AND COAL CREEK SUBDIVISION LOT OWNERS, 3341 Warren Court, Parker, Colorado 80138, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application. 3. Legal Description of Subject Property: Applicants are the owners of 59 lots in Mountain View Ranch, 2 lots in Cottonwood Hills, and 1 lot in Coal Creek Subdivisions, which lots are generally contiguous and located in parts of Sections 7 and 18, T6S, R64W, and the SE1/4 of Section 12, the NE1/4 of Section 13, and the NE1/4 of Section 14, T6S, R65W, of the 6th P.M., as shown on Attachment B hereto (Subject Property). The Subject Property is comprised of a total of approximately 349 acres and the legal descriptions and acreage associated with Applicants' respective lots are more particularly described on Attachment A 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 amounts. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 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. Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Denver 300 feet 178 acre-feet Arapahoe 235 feet 139 acre-feet Laramie-Fox Hills 225 feet 118 acre-feet Applicants may reserve part of the Denver aquifer water for use through exempt wells on the lots, which amounts will be excluded from the final decreed amount in this case. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the

legally available groundwater lying below the Subject Property, through wells or any additional wells which may be completed in the future, as Applicants' well fields, subject to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 7. Proposed Use: The water will be used, reused and successively used for domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§37-92-302(2) and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. 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. 08CW309 PONDEROSA HILLS LOT OWNERS III, 7532 Deertrail Drive, Parker, Colorado 80138, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application. 3. Legal Description of Wells and Subject Property: Applicants are the owners of 80 lots located in Ponderosa Hills Subdivisions Filings 1 and 2, which are generally located in the W1/2 and part of the E1/2NE1/4 of Section 11 and all of Section 12, T6S, R66W, and part of the E1/2 of Section 7, T6S, R65W, both of the 6th P.M. as shown on Attachment B hereto (Subject Property). The 80 lots are comprised of a total of approximately 231.8 acres and the legal descriptions and acreage associated with Applicants’ respective lots are more particularly described on Attachment A 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. 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 275 feet 108 acre-feet Laramie-Fox Hills 220 feet 76 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). Applicants also request that the water requested herein be withdrawn in combination with the total amounts decreed in Case No. 2003CW343 and Case No. 2005CW083, which quantified the Arapahoe and Laramie-Fox Hills aquifer groundwater underlying 232 other lots in Ponderosa Hills Subdivision. 8. Proposed Use: The water will be used, reused and successively used for domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 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. 08CW310 MARK VISSERING, 1825 S Havana St., Aurora, CO 80012, through his attorney Bennett W. Raley, Trout, Raley, Montaño, Witwer and Freeman, P.C., 1120 Lincoln, Suite 1600, Denver, CO 80203, Telephone No. (303) 861-1963, Fax No. (303) 832-4465, braley@troutlaw.com. APPLICATION FOR WATER STORAGE RIGHTS AND CHANGE OF WATER RIGHT IN MORGAN COUNTY. 2. Name, Legal Description, Surface Area, Dam Height, Capacity and Source of Storage Facilities: Vissering Storage and Recharge Facility No. 1. Legal Description: NW1/4 SE1/4 and the W1/2 NE1/4 SE1/4 of Section 12, Township 4 North, Range 59 West of the 6th Principal Meridian, Morgan County, Colorado. Surface Area: Approximately 16 acres. Dam Height: Approximately 5 ft. Capacity: Approximately 30 acre-feet. Source: Vissering Weldon Valley Ditch Shares, and the Tomkey Well, as described herein, and any other water supplies otherwise deliverable through the Weldon Valley Ditch. Amount Claimed: 30 acre-feet, conditional, with the right to fill and refill. Rate of diversion: Applicants pro-rata share of water available from the 165 cfs diverted by the Weldon Valley Ditch, and 2.78 cfs from the Tomkey Well. Vissering Storage and Recharge Facility No. 2. Legal Description: N1/2 SE1/4 of Section 12, Township 4 North, Range 59 West of the 6th Principal Meridian, Morgan County, Colorado. Surface Area: Approximately 5 acres. Dam Height: Approximately 2 feet. Capacity: 10 acre-feet. Source: Vissering Weldon Valley Ditch Shares, and the Tomkey Well, as described herein, and any other water supplies otherwise deliverable through the Weldon Valley Ditch. Amount Claimed: 10 acre-feet, conditional, with the right to fill and refill. Rate of diversion: Applicants pro-rata share of water available from the 165 cfs diverted by the Weldon Valley Ditch, and 2.78 cfs from the Tomkey Well. Remarks: Weldon Valley Ditch as a source. Applicant owns two shares of stock in the Weldon Valley Ditch Company. Date Decree Entered: The Weldon Valley Ditch was decreed on November 21, 1895. Case No.: Case No. 433. Court: Weld County District Court, Weld County, State of Colorado. Decreed Point of Diversion: The decreed headgate location is on the north bank of the South Platte River in the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. Source: South Platte River. Amount: 165 cfs for irrigation. Appropriation Date: October 26, 1881. APPLICATION FOR CONDITIONAL WATER STORAGE AND RECHARGE RIGHTS. 3. Date and manner of initiation of appropriation: December 30, 2008 by the formulation of the intent to appropriate by Vissering, as evidenced by the posting of notice at the Vissering Storage and Recharge Facilities No. 1 and No. 2 and the filing of this Application. 4. Proposed use of stored water and recharge water: Industrial, commercial, municipal, domestic, irrigation, augmentation, recharge, replacement, substitution and exchange, storage, reservoir evaporation, recreational, wildlife, aesthetic, stock watering and augmentation, with the right to totally consume any historic consumptive use portion of the stored water, either by first use, reuse or successive use, or disposition. 5. Name and address of owner of the land upon which new storage facility is located: Vissering Storage and Recharge Facilities No. 1 and No. 2 are located on lands owned by Applicant. 6. Remarks: A map showing the approximate location of Vissering Storage and Recharge Facilities No. 1 and No. 2 is attached to the application as Exhibit A. APPLICATION FOR CHANGE OF WATER RIGHT---TOMKEY WELL. 7. Decreed Name of Structure for Which Change is Sought: Tomkey Well. 8. Previous Decree: The Tomkey Well was decreed as the Tomkey Well, Permit No. 4478-F, in Case Number W-1941, attached to the application as Exhibit B. Date Entered: The decree for the Tomkey Well was entered on April 28, 1975. Case No.: Case No. W-1941. Court: Water Court, Water Division No. I, State of Colorado. Decreed Point of Diversion: NE1/4, SE1/4 of Section 12, Township 4 North, Range 59 West of the 6th Principal Meridian, Morgan County, Colorado at a point 3,300 feet south and 990 feet west of the

northeast corner of Section 12. Source: South Platte River. Appropriation Date: May 30, 1964. Amount: 2.78 cfs for irrigation. Historic Use: The well was historically used to irrigate 190 acres in the NE1/4 and NW1/4 SE1/4 of Section 12, Township 4 North, Range 59 West of the 6th Principal Meridian, Morgan County, Colorado. The crops historically grown and irrigated with the well were corn, sugar beets, pumpkins, wheat and alfalfa. 9. Proposed Change: Applicant seeks to change the use of the Tomkey Well to include industrial, commercial, municipal, domestic, augmentation, recharge, replacement, substitution and exchange, storage, reservoir evaporation, recreational, wildlife, aesthetic and stock watering as well as the decreed irrigation use, with the right to totally consume the historic consumptive use portion of the water, either by first use, reuse or successive use, or disposition. The primary use of the Tomkey Well will be for recreational, wildlife, aesthetic and stock watering at the Vissering Storage and Recharge Facilities No. 1 and No. 2. Applicant also seeks to change the point of diversion of the Tomkey well to also include a historic drain tile located approximately 100 feet northwest of the decreed well location (this drain tile was shown on the application associated with Case Number W-1941). 10. Name and address of owner of the land: The Tomkey Well is located on lands owned by Applicant. 11. Remarks: Applicant owns two shares of stock in the Weldon Valley Ditch Company. Applicant will amend this Application to include an Application for Change of Water Right and Approval of Plan For Augmentation when the required approvals are obtained from the Weldon Valley Ditch Company. The grant of this Application will not obviate the need for the Applicant to obtain all required approvals from the Weldon Valley Ditch Company. Application is 8 pages (including exhibits). 08CW311 Hillrose Ranch, LLC, Attn: Timothy J. Travis, 4800 York Street, Denver, CO 80216, 303-296-5700. (Jeffrey J. Kahn, Scott E. Holwick, Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900) APPLICATION FOR UNDERGROUND WATER RIGHT, SURFACE WATER RIGHTS, WATER STORAGE AND RECHARGE RIGHTS, APPROPRIATIVE RIGHT OF EXCHANGE AND APPROVAL OF PLAN FOR AUGMENTATION IN MORGAN COUNTY. FIRST CLAIM: UNDERGROUND WATER RIGHT 2. Name of proposed well and permit, registration or denial number(s): A. Name of proposed well: Cooper Wasteway Well. B. Permit No.: Applicant does not have a well permit, but will be filing an application for well permit concurrent with or shortly after filing this Application. 3. Legal description of proposed well: The well will be located in the in the SE1/4 of the NE1/4 of Section 33, T5N, R55W of the 6th P.M., in Morgan County, Colorado, approximately 1,240 feet from the East section line and 1,340 feet from the North section line; however, Applicant reserves the right to locate the well at any point on its property in the SE1/4 of the NE1/4 of said Section 33 along the Cooper Wasteway. The Cooper Wasteway and the proposed location for the point of diversion therefrom are depicted on attached EXHIBIT A. 4. A. Source: Ground water tributary to the South Platte River. B. Depth: Approximately 80 feet. 5. A. Date of appropriation: December 31, 2008. B. How appropriation was initiated: By formation of intent to appropriate water for beneficial use by Applicant, conducting engineering analysis of the proposed well’s effect on the stream, field inspection of the well’s proposed location and filing this application. C. Date water applied to beneficial use: N/A. 6. Amount claimed: 2,500 gpm, CONDITIONAL. 7. Proposed uses: Irrigation, including wildlife habitat creation and maintenance, recreation, wildlife propagation, hunting, augmentation and recharge, either directly or following storage in any one of the three ponds located as described in ¶ 15.A-C, below, and as also depicted on attached EXHIBIT A. The Cooper Wasteway Well will deliver water directly to North Pond Nos. 1-3, or deliver water directly to the South Platte River under the plan for augmentation described in Claim Five, below, to the extent needed to replace net out-of-priority stream depletions when other water rights are not available. SECOND CLAIM: SURFACE WATER RIGHTS 8. Names of structures: A. Cooper Wasteway Ditch. B. South Slough Ditch. C. East Slough Ditch. 9. Legal descriptions of

points of diversion: A. Cooper Wasteway Ditch will have its point of diversion off of Cooper Wasteway in the SE1/4 of the NE1/4 of Section 33, T5N, R55W of the 6th P.M., in Morgan County, Colorado, approximately 1,240 feet from the East section line and 1,340 feet from the North section line; however, Applicant reserves the right to locate the diversion structure at any point on its property in the SE1/4 of the NE1/4 of said Section 33 along the Cooper Wasteway. B. South Slough Ditch will have its point of diversion off of South Slough in the NW1/4 of the SE1/4 of Section 34, T5N, R55W of the 6th P.M., in Morgan County, Colorado, approximately 1,390 feet from the East section line and 1,880 feet from the South section line. C. East Slough Ditch will have its point of diversion off of East Slough in the NW1/4 of the SW1/4 of Section 35, T5N, R55W of the 6th P.M., in Morgan County, Colorado, approximately 1,170 feet from the West section line and 2,160 feet from the South section line. The points of diversion identified in ¶ 9.A-C, above, are depicted on attached EXHIBIT A. 10. Sources: A. Cooper Wasteway Ditch: Surface water tributary to the South Platte River. B. South Slough Ditch: Surface water tributary to the South Platte River. C. East Slough Ditch: Surface water tributary to the South Platte River. 11. Appropriations: A. Dates of appropriation for all structures: December 31, 2008. B. How appropriations were initiated for all structures: By formation of intent to appropriate water for beneficial use by Applicant, conducting engineering analysis, field inspection and surveys of the structures’ locations and filing this application. C. Dates water applied to beneficial use for all structures: N/A. 12. Amounts claimed: A. Cooper Wasteway Ditch: 5.5 cfs, CONDITIONAL. B. South Slough Ditch: 20 cfs, CONDITIONAL. C. East Slough Ditch: 5 cfs, CONDITIONAL. 13. Proposed uses: A. Cooper Wasteway Ditch: Irrigation, including wildlife habitat creation and maintenance, recreation, wildlife propagation, hunting, and augmentation and recharge, either directly or following storage in any one of the three ponds located as described in ¶ 15.A-C, below, and as also depicted on attached EXHIBIT A. Cooper Wasteway Ditch will deliver water directly to North Pond Nos. 1-3, or deliver water directly to the South Platte River under the plan for augmentation described in Claim Five, below, to the extent needed to replace net out-of-priority stream depletions when other water rights are not available. B. South Slough Ditch: Irrigation, including wildlife habitat creation and maintenance, recreation, wildlife propagation and hunting, and augmentation. South Slough Ditch will either use the water when in priority or under the plan for augmentation, claimed herein. Any net out-of-priority depletions associated with the South Slough Ditch will be covered under the plan for augmentation. C. East Slough Ditch: Irrigation, including wildlife habitat creation and maintenance, recreation, wildlife propagation and hunting. East Slough Ditch will either use the water when in priority or under the plan for augmentation, claimed herein. Any net out-of-priority depletions associated with the East Slough Ditch will be covered under the plan for augmentation. THIRD CLAIM: WATER STORAGE & RECHARGE RIGHTS 14. Names of reservoirs (all four ponds are or will be located off-channel): A. North Pond No. 1. B. North Pond No. 2. C. North Pond No. 3. D. South Pond. 15. Legal descriptions of locations of reservoirs: A. North Pond No. 1 is located on approximately 4 acres in the NE1/4 of the NE1/4 of Section 33, T5N, R55W of the 6th P.M., in Morgan County, Colorado. North Pond No. 1 will be filled by either the Cooper Wasteway Well or by Cooper Wasteway Ditch as each are identified in the First and Second Claims respectively, above. B. North Pond No. 2 is located on approximately 2 acres in the NE1/4 of the NE1/4 of Section 33 and the NW1/4 of the NW1/4 of Section 34, T5N, R55W of the 6th P.M., in Morgan County, Colorado. North Pond No. 2 will be filled by either the Cooper Wasteway Well or by Cooper Wasteway Ditch as each are identified in the First and Second Claims respectively, above, and/or by overflow from North Pond No. 1. C. North Pond No. 3 is located on approximately 1 acre in the NW1/4 of the NW1/4 of Section 34, T5N, R55W of the 6th P.M., in Morgan County, Colorado. North Pond No. 3 will be filled by either the Cooper Wasteway Well or by Cooper Wasteway Ditch as each are identified in the First and Second Claims respectively, above, and/or by overflow from North Pond No. 2. D. South Pond will be located on approximately 7 acres at any point on the Applicant’s property within the NW1/4 of the SE1/4 of

Section 34, T5N, R55W of the 6th P.M., in Morgan County, Colorado. South Pond will be filled by South Slough Ditch as it is identified in the Second Claim, above. The reservoirs identified in ¶ 15.A-D, above, are depicted on attached EXHIBIT A. 16. Source: A. North Pond No. 1: Either groundwater or surface water tributary to the South Platte River. B. North Pond No. 2: Either groundwater or surface water tributary to the South Platte River. C. North Pond No. 3: Either groundwater or surface water tributary to the South Platte River. D. South Pond: Surface water tributary to the South Platte River. 17. Appropriations: A. Dates of appropriation for all ponds: December 31, 2008. B. How appropriations were initiated for all ponds: By formation of intent to appropriate water for beneficial use by Applicant, conducting engineering analysis, field inspection and surveys of the ponds’ locations and by filing this application. C. Dates water applied to beneficial use for all ponds: N/A. 18. Amounts claimed: A. North Pond No. 1: 8 acre-feet, CONDITIONAL, with right to fill and refill periodically as needed. Filling rates: 2,500 gpm, CONDITIONAL (via Cooper Wasteway Well) or 5.5 cfs, CONDITIONAL (via Cooper Wasteway Ditch). B. North Pond No. 2: 4 acre-feet, CONDITIONAL, with right to fill and refill periodically as needed. Filling rates: 2,500 gpm, CONDITIONAL (via Cooper Wasteway Well) or 5.5 cfs, CONDITIONAL (via Cooper Wasteway Ditch). C. North Pond No. 3: 2 acre-feet, CONDITIONAL, with right to fill and refill periodically as needed. Filling rates: 2,500 gpm, CONDITIONAL (via Cooper Wasteway Well) or 5.5 cfs, CONDITIONAL (via Cooper Wasteway Ditch). D. South Pond: 14 acre-feet, CONDITIONAL, with right to fill and refill periodically as needed. Filling rate: 20 cfs, CONDITIONAL. 19. Proposed uses: A. North Pond Nos. 1-3: Storage for recreation and wildlife propagation associated with waterfowl, hunting and augmentation, and recharge for augmentation and to generate delayed return credits to offset net out-of-priority depletions. B. South Pond: Storage for recreation and wildlife propagation associated with waterfowl, hunting, and augmentation. South Pond will either use the water when in priority or under the plan for augmentation, claimed herein. Any net out-of-priority depletions associated with the South Pond will be covered under the plan for augmentation. 20. Surface areas of high water lines: A. North Pond No. 1: 4 acres. The maximum height of dam is 5 feet; the length of dam is 1,000 feet. B. North Pond No. 2: 2 acres. The maximum height of dam is 5 feet; the length of dam is 750 feet. C. North Pond No. 3: 1 acre. The maximum height of dam is 5 feet; the length of dam is 350 feet. D. South Pond: 7 acres. South Pond is not yet built. Applicant anticipates that, if a dam is necessary, the maximum height of the dam will not exceed 5 feet and the maximum length of the dam will not exceed 2,000 feet. 21. Total capacities of ponds: A. North Pond No. 1: The active capacity is 8 acre-feet; there is no dead storage. B. North Pond No. 2: The active capacity is 4 acre-feet; there is no dead storage. C. North Pond No. 3: The active capacity is 2 acre-feet; there is no dead storage. D. South Pond: The active capacity will be 14 acre-feet; there will be no dead storage. 22. Comment: To the extent that water diverted to recharge under this Application is not required to replace net out-of-priority depletions from operation of the structures to be augmented as claimed in the Fifth Claim, below, Applicant reserves the right to use, re-use, or successfully use to extinction such excess recharge accretions. Applicant additionally reserves the right to sell or lease excess recharge credits to third parties. FOURTH CLAIM: EXCHANGE 23. General description of exchange: Applicant seeks the right to exchange unused recharge accretions accruing to the South Platte River and/or to exchange any water stored in priority in South Pond back upstream to either the Cooper Wasteway Well or Cooper Wasteway Ditch for re-diversion and delivery to any one of or all of the recharge ponds identified in ¶ 14.A-C, above. 24. Exchange reach: On the South Platte River, the downstream point of the exchange reach is the point at which the South Platte River crosses the Section boundary line between Sections 34 and 35, T5N, R55W of the 6th P.M., in Morgan County, Colorado, and the upstream points of the exchange reach are the points at which the Cooper Wasteway Well or Copper Wasteway Ditch divert as identified in ¶¶ 3 and 9.A, above, respectively. 25. Rate of exchange: The claimed rate of exchange is 5.5 cfs, CONDITIONAL, with an appropriation date of December 31, 2008. 26. Proposed used of exchanged water:

Storage for recreation and wildlife propagation associated with waterfowl, hunting and augmentation, and recharge for augmentation and to generate delayed return credits to offset net out-of-priority depletions. FIFTH CLAIM: PLAN FOR AUGMENTATION 27. Names of structures to be augmented: Applicant seeks to augment net out-of-priority depletions from its diversion and use of water from the Cooper Wasteway Well or Cooper Wasteway Ditch, South Slough Ditch, East Slough Ditch, North Pond Nos. 1-3 and South Pond. 28. Water rights to be used for augmentation: Applicant will use the water rights described in Claims One, Two, Three and Four above, for augmentation purposes. To the extent that such water rights are insufficient to augment net out-of-priority depletions, Applicant may purchase excess augmentation credits, to the extent that such credits are available, from the North Sterling Irrigation District available pursuant to the District’s augmentation plan decreed in Case No. 96CW1034. 29. Statement of plan for augmentation: A. North Side: Applicant plans to seasonally divert surface water from Cooper Wasteway and deliver such water to North Pond Nos. 1-3. To the extent that there is not sufficient surface water to divert from Cooper Wasteway, Applicant will divert groundwater through the Cooper Wasteway Well. The primary purposes for such diversions are to establish and maintain wildlife habitat for waterfowl hunting. B. South Side: Applicant proposes to construct South Pond to store water to establish and maintain wildlife habitat for waterfowl hunting. Applicant plans to divert surface water as needed for such purposes from the South Slough directly to the pond. Applicant estimates that total diversions from the Cooper Wasteway Well, Cooper Wasteway Ditch, South Slough Ditch and East Slough Ditch will be approximately 1165 acre-feet per year, and that total depletions from the use of North Pond Nos. 1-3 and South Pond will be approximately 100 acre-feet per year. A portion of the depletions will be in priority. Applicant claims the right to divert more or less water on an annual basis as needed, depending upon the ability and rate of recharge from North Pond Nos. 1-3. Applicant proposes to replace all net out-of-priority depletions in time, place and amount as needed to prevent injury to senior vested water rights. Applicant will replace such depletions in time, place and amount by diverting and delivering a portion of the claimed water rights back to the South Platte River, delivering water to the three recharge sites (North Pond Nos. 1-3) to create delayed return flows back to the River, or by leaving water in the South Platte River. An alternative, potential source of replacement water for this plan is excess augmentation credits that may be purchased from the North Sterling Irrigation District, to the extent that any such credits may be available and are actually purchased from the District in accordance with written agreements between Applicant and the District. To the extent that the use of the three north side recharge sites (North Pond Nos. 1-3) for direct augmentation causes any additional net out-of-priority depletions, Applicant shall replace those depletions as needed to prevent injury to other vested water rights. 30. All lands upon which new diversion and storage structures will be constructed or upon which water will be stored are owned by Applicant.

08CW312 APPLICATION FOR CHANGE OF WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION IN SEDGWICK COUNTY 1. Name, address, and telephone number of applicant: District 64 Reservoir Company, 100 Broadway Plaza, Suite 12, Sterling, Colorado 80751. Telephone: 970-522-1378. Send copies of all pleadings to: Bennett W. Raley and Gabriel Racz, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203. Telephone: 303-861-1963. E-Mail: braley@troutlaw.com and gracz@troutlaw.com. I. Application for Change of Water Right. 2. Decreed Name of Structure for which change is sought: Ovid Reservoir. 3. From previous decree: A. Date entered: 5 September 2002. Case Number 98CW295, District Court for Water Division No. 1. B. Decreed point of diversion: Peterson Canal a/k/a the Peterson Ditch, an existing canal owned and operated by the Petersen Canal and Reservoir Company and the Julesburg Irrigation District. The point of diversion of the Peterson Canal is located on the north bank of the South Platte River in the NE1/4 NW1/4 Section 24 Township 11 North Range 47 West of the 6 PM Sedgwick County

Colorado from which the NW Corner of said Section bears N 77º 2' W 1,815.2 feet. The decreed capacity of the Peterson Canal is 184 cfs. Water will be diverted through the Peterson Canal to a new structure to be built by Applicant on the south bank of the canal at a location near and above the reservoir. C. Source: South Platte River. D. Appropriation Date: 30 June 1998. E. The amount of the storage right is 5,772 acre feet conditional with the right to fill and refill the reservoir whenever water is physically available in priority. F. Historic use: Not applicable. Ovid Reservoir is a conditional water right. 4. Proposed Change. The Peterson Canal a/k/a the Peterson Ditch is decreed as the point of diversion to supply water to Ovid Reservoir adjudicated in the decree in case 98CW295. Applicant proposes to add alternate points of diversion for the Peterson Canal, using a well field consisting of eight (8) wells located in Sections 1, 5, and 6, T.11 N, R.46 W, of the 6th PM, Sedgwick County, Colorado, to be known collectively as the Ovid Reservoir Well Field. The individual wells in the Ovid Reservoir Well Field are more particularly described as follows: Ovid Reservoir Well #1. Location: SW1/4 of the SW1/4 of Section 6, T.11 N, R.45 W, of the 6th PM, Sedgwick County, Colorado. Depth: Approximately 100 feet. Source: South Platte River Alluvium. Rate: 3,500 gallons per minute. Ovid Reservoir Well #2. Location: SE1/4 of the SW1/4 of Section 6, T.11 N, R.45 W, of the 6th PM, Sedgwick County, Colorado. Depth: Approximately 100 feet. Source: South Platte River Alluvium. Rate: 3,500 gallons per minute. Ovid Reservoir Well #3. Location: SW1/4 of the SE1/4 of Section 6, T.11 N, R.45 W, of the 6th PM, Sedgwick County, Colorado. Depth: Approximately 100 feet. Source: South Platte River Alluvium. Rate: 3,500 gallons per minute. Ovid Reservoir Well #4. Location: SE1/4 of the SE1/4 of Section 6, T.11 N, R.45 W, of the 6th PM, Sedgwick County, Colorado. Depth: Approximately 100 feet. Source: South Platte River Alluvium. Rate: 3,500 gallons per minute. Ovid Reservoir Well #5. Location: NW1/4 of the SW1/4 of Section 5, T.11 N, R.45 W, of the 6th PM, Sedgwick County, Colorado. Depth: Approximately 100 feet. Source: South Platte River Alluvium. Rate: 3,500 gallons per minute. Ovid Reservoir Well #6. Location: NE1/4 of the SE1/4 of Section 6, T.11 N, R.45 W, of the 6th PM, Sedgwick County, Colorado. Depth: Approximately 100 feet. Source: South Platte River Alluvium. Rate: 3,500 gallons per minute. Ovid Reservoir Well #7. Location: NW1/4 of the SE1/4 of Section 6, T.11 N, R.45 W, of the 6th PM, Sedgwick County, Colorado. Depth: Approximately 100 feet. Source: South Platte River Alluvium. Rate: 3,500 gallons per minute. Ovid Reservoir Well #8. Location: NE1/4 of the SW1/4 of Section 6, T.11 N, R.45 W, of the 6th PM, Sedgwick County, Colorado. Depth: Approximately 100 feet. Source: South Platte River Alluvium. Rate: 3,500 gallons per minute. The Applicant has not filed applications for well permits for the above wells. The maximum total rate of diversion of the Ovid Reservoir Well Field will be 62 c.f.s. An aqueduct from the Ovid Reservoir Well Field will deliver water to Ovid Reservoir. The locations of the Peterson Ditch, Ovid Reservoir Well Field, and Ovid Reservoir are shown on Exhibit A attached to the Application and incorporated by this reference. 5. Applicant proposes that all terms and conditions in the decree in case 98CW295 shall be applicable to the alternate point of diversion. The decree in case 98CW295 is res judicata as to all matters concerning Ovid Reservoir and the diversion at the Peterson Canal, except any provisions which may be necessary to prevent injury due to the change requested herein. II. Application for Approval of Plan for Augmentation 6. Name of structures to be augmented: Ovid Reservoir Well No. 1; Ovid Reservoir Well No. 2; Ovid Reservoir Well No. 3; Ovid Reservoir Well No. 4; Ovid Reservoir Well No. 5; Ovid Reservoir Well No. 6; Ovid Reservoir Well No. 7; Ovid Reservoir Well No. 8, collectively known as the Ovid Reservoir Well Field. These structures will divert water for the Ovid Reservoir water right, decreed in case number 98CW295, District Court for Water Division No. 1, 5 September 2002. 7. Previous decree for water rights to be used for augmentation: Ovid Reservoir. i. Decree: Case No. 98CW295, District Court for Water Division No. 1. ii. Date of original decree: 5 September 2002. iii. Type of water right: reservoir. iv. Legal description of point of diversion: Peterson Canal. The point of diversion of the Peterson Canal is located on the north bank of the South Platte River in the NE1/4 NW1/4 Section 24, Township 11 North Range

47 West of the 6 P.M. Sedgwick County, Colorado from which the NW Corner of said Section bears N 77º 2' W 1,815.2 feet. v. Source: South Platte River. vi. Amount: 5,772 acre feet conditional with the right to fill and refill the reservoir whenever water is physically available in priority. vii. Decreed uses: Water stored in Ovid Reservoir will be released to the South Platte River through the outlet pipe for replacement of out-of-priority depletions to senior surface water rights in Colorado caused by diversions of ground water through wells owned by members of Applicant and replacement of depletions caused by diversions of ground water through wells owned by members of Applicant under water rights having dates of priority subsequent to June 14, 1897, which will diminish the flow of the South Platte River at the Interstate Station between April 1 and October 15 below a mean flow of 120 cfs. Ovid Reservoir may also be used by the Applicant or others under contract with the Applicant to reregulate flows of the South Platte River for lawful purposes, including fish and wildlife purposes. viii. Historic use: Not applicable. Ovid Reservoir is a conditional water right. 8. Statement of plan for augmentation. The Applicant seeks approval of a plan for augmentation for the Ovid Reservoir Well Field, an alternate point of diversion for Ovid Reservoir consisting of ten wells as described above. The Applicant will operate the Ovid Reservoir Well Field when Ovid Reservoir is in priority, and will replace injurious out-of-priority depletions from the use of the Ovid Reservoir Well Field by releasing water to the South Platte River from Ovid Reservoir. The locations of the Ovid Reservoir Well Field and Ovid Reservoir are shown on Exhibit A attached to the Application and incorporated by this reference. In addition, the Applicant may use any other water rights legally available to the Applicant that can be provided in the amount, time, and location required to replace out of priority depletions from the Ovid Reservoir Well Field. 9. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The Ovid Reservoir Well Field will be located on land owned by the following: W6 LLP, c/o Kyle and Ted Watchorn, Rd. 58, Dalton, NE 69131. District 64 Reservoir Company, 100 Broadway Plaza, Suite 12, Sterling, Colorado 80751. WHEREFORE, the Applicant respectfully requests that the Court enter an order granting approval of the change of water right and of the plan for augmentation requested herein, and for such other relief as may be appropriate.

08CW313 THE STATE OF COLORADO, ACTING BY AND THROUGH ITS BOARD OF LAND COMMISSIONERS, OWNER, AND RANGEVIEW METROPOLITAN DISTRICT, through their attorneys John W. Suthers, Attorney General, Jennifer Mele, Atty. Reg. #30720, Heather Warren, Atty. Reg. #35952, Assistant Attorneys General, Natural Resources and Environment Section, Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Kara Godbehere Goodwin, Atty. Reg. #36742, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN ARAPAHOE AND ELBERT COUNTIES. The State Board of Land Commissioners (“State”) is the owner of the conditional water rights at issue and the land on which the water rights are located. Rangeview Metropolitan District (“Rangeview”) is the Lessee of the land and water rights pursuant to the Amended and Restated Lease dated April, 1996, Lease No. S-37280. Description of Conditional Water Rights: 2. Name of Structure: Rangeview East Water System A. Original decree: Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033 (Consolidated) B. Last finding of diligence: N/A C. Location/point of diversion: Box Elder Creek Diversion: the diversion structure will be located in Box Elder Creek at a point located in the SW1/4 of the SE1/4 of Section 34, Township 5 South, Range 64 West of the 6th P.M. at a point located approximately 2,600 feet from the east section line and approximately 50 feet from the south section line of said section. D. Source: Box Elder Creek, tributary to the South Platte River E. Appropriation date: October 13, 1986 F. Amount: 250 cfs (conditional) and limited to a maximum of 6500 acre-feet per year not to exceed 53,900 acre-feet in a 20 year

period. 3. Name of Structure: Rangeview West Water System A. Original decree: Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033 (Consolidated) B. Subsequent decree: Case No. 03CW173 (alternate point of diversion) C. Last finding of diligence: N/A D. Location/point of diversion: Coal Creek Diversion: The diversion structure will be located in Coal Creek at a point located in the SE1/4 of the NW1/4 of Section 36, Township 5 South, Range 65 West of the 6th P.M. at a point located approximately 3,200 feet from the east section line and approximately 2,200 feet from the south section line of said Section. Pursuant to the decree in 03CW173, applicants may withdraw 450 gpm of this water right from the alternate point of diversion located in the NE1/4 of the NE1/4 of Section 33, Township 4 South, Range 65 West of the 6th P.M. at a point approximately 600 feet from the north and 1,050 feet from the east section lines of Section 33. E. Source: Coal Creek, tributary to the South Platte River F. Appropriation date: October 13, 1986 G. Amount: 150 cfs (conditional) and limited to a maximum of 1,625 acre-feet per year not to exceed 12,320 acre-feet in a 20 year period. 4. Name of Structure: OAR Reservoirs A A. Original decree: Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033 (Consolidated) B. Last finding of diligence: N/A C. Location/point of diversion: In the W1/2 and SE1/4 of Section 26, E1/2 and SW1/4 of Section 27, N1/2 of Section 34, and NW1/4 of Section 35, all in Township 5 South, Range 65 West of the 6th P.M. in Arapahoe County, Colorado, whence the left abutment of the dam will be approximately located at a point on the west section line of Section 26, Township 5 South, Range 65 West, at a point approximately 600 feet south of the NW corner of said Section 26. D. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the original decree. E. Appropriation date: June, 1984 F. Amount: Active storage – 6,200 acre-feet. Dead storage – 998 acre-feet (all conditional) 5. Name of Structure: OAR Reservoir B. A. Original decree: Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033 (Consolidated) B. Last finding of diligence: N/A C. Location/point of diversion: In the S1/2 and SW1/4 of Section 11, E1/2 and the NW1/4, W1/2 of the NE1/4, and SW1/4 of Section 14, and the E1/2 of the E1/2 of Section 15, and the NW1/4 of Section 23, all in Township 5 South, Range 65 West of the 6th P.M. in Arapahoe County, Colorado and whence the left abutment of the dam will be approximately located at a point on the west section line of Section 11, Township 5 South, Range 65 West, at a point approximately 600 feet north of the southwest corner of said Section 11. D. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the original decree. E. Appropriation date: June, 1984 F. Amount: Active storage – 10,200 acre-feet. Dead storage – 1,545 acre-feet (all conditional) 6. Name of Structure: OAR Reservoir C. A. Original decree: Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033 (Consolidated) B. Last finding of diligence: N/A C. Location/point of diversion: In the S1/2 of Section 19, and the W1/2 of the NW1/4 of Section 29, and the N1/2 of Section 30, all in Township 5 South, Range 64 West of the 6th P.M. and the E1/2 of the SE1/4 of Section 24, and the NE1/4 of the NE1/4 of Section 25, all in Township 5 South, Range 65 West of the 6th P.M. in Arapahoe County, Colorado and whence the left abutment of the damn will be located at a point in the west section line of Section 30, Township 5 South, Range 64 West of the 6th P.M., at a point approximately 700 feet south of the northwest corner of said Section 30. D. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the original decree. E. Appropriation date: June, 1984 F. Amount: Active storage – 4500 acre-feet. Dead storage – 819 acre-feet (all conditional) 7. Name of Structure: OAR Reservoir D A. Original decree: Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033 (Consolidated) B. Last finding of diligence: N/A C. Location/point of diversion: In the SW1/4 of the NW1/4, and the W1/2 of the SW1/4 of Section 36 and the SE1/4 of the NE1/4, the SE1/4, and the S1/2 of the SW1/4 of Section 35 in Township 5 South, Range 65 West of the 6th P.M., in Arapahoe County, Colorado, and the N1/2 of the NW1/4 of Section 2 in Township 6 South, Range 65 West of the 6th P.m. IN Elbert County, Colorado and whence the left abutment of the dam will be approximately located at a point approximately 1,980 feet south of the north and 150 feet east of the west section lines of Section 36, Township 5 South, Range 65 West. D. Source: Coal Creek, Box Elder Creek,

and Denver Basin groundwater described in paragraph 12 of the original decree. E. Appropriation date: June, 1984 F. Amount: Active storage – 4,000 acre-feet. Dead storage – 1,000 acre-feet (all conditional) 8. Use: Municipal, Irrigation, augmentation, domestic, piscatorial, commercial, industrial, recreation and storage, within Applicant’s service area in all or parts of Sections 33 and 34, Township 4 South, Range 65 West of the 6th P.M., Sections 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36 of Township 5 South, Range 65 West of the 6th P.M, and Sections 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and 34 of Township 5 South, Range 64 West of the 6th P.M., as shown on Attachment A to the original decree. 9. Outline of work toward completion of the appropriations: During the diligence period, the State and Rangeview, and Rangeview’s service provider, Pure Cycle Corporation, have diligently worked toward making the conditional water rights absolute. The following summary shows generally the activities involved. Greater detail, additional activities, and additional or revised expenses may be claimed in support of this application. Rangeview and Pure Cycle: Environmental permitting/404 non-jurisdiction determination: $9000 Planning for development on and in connection with the Lowry Range: Development of RFP; negotiation of Development Management Services Agreement with Lend Lease Lowry Range, LLC; ongoing land use planning; negotiation of water service/annexation/DMSA issues; Arapahoe County Comprehensive Plan amendment; DRCOG approvals: $1,137,611. Planning for water and wastewater systems/Clean Water Plan amendment $620,303. 2006 “Blue Zone” water system infrastructure: $2,677,100. Case No. 03CW173 alternate point of diversion, permitting and infrastructure: $15,200. Protection of the conditional water rights and ground water rights associated with the Lowry Range and the augmentation plan for the conditional water rights: Central Colorado Water Conservancy District augmentation plan 02CW335: $58,188. Box Elder Creek designation 06GW23/07CV487: $55,952. East Cherry Creek Valley WSD litigation 94CW49: $138,124. Aurora litigation 03CW415/08SA222: $173,602. General water rights administration: $52,449. Negotiation of export water service agreements, including for Sky Ranch/Hills at Sky Ranch: $81,132. Acquisition of off-site water rights that may use the reservoirs for terminal storage: $82,126,000. State Land Board: Consultant fees and studies: $32,500. Costs associated with development agreement, $25,000; Protection of the conditional water rights and ground water rights associated with the Lowry Range and the augmentation plan for the conditional water rights: East Cherry Creek Valley WSD litigation 94CW49: $34,000 Aurora litigation 03CW415/08SA222: $45,000 10. To the extent, if any, that water is diverted and used in priority while this case is pending, applicants may claim some or all of the rights are absolute without further publication of notice. Wherefore, applicants pray for a finding of reasonable diligence and a decree continuing the conditional water rights, and for such other relief as is warranted by the evidence. 08CW314 TEAGUE ENTERPRISES, INC., c/o Gary Teague, 15366 MCR O, Fort Morgan, CO 80701, Tele: (970) 867-3344 and High Plains Renewable Energy, 33801 WCR 19, Windsor, CO 80550, Tele: (970) 219-3564. Please send all communications to Bennett W. Raley and Lisa M. Thompson, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Phone Number: 303-861-1963, Fax Number: 303-832-4465, E-mail: braley@troutlaw.com; lthompson@troutlaw.com. APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS, AND APPROVAL OF PLANS FOR AUGMENTATION AND EXCHANGE IN MORGAN COUNTY. BACKGROUND. 2. Teague Enterprises, Inc, (“Teague”) is the owner of 47.38 shares of stock in the Weldon Valley Ditch Company. Teague also owns an interest in certain water facilities which operate pursuant to the decree entered in Case No. 2003CW263, District Court, Water Division No.1. 3. High Plains Renewable Energy, Inc, (“HPRE”) is in the process of building an ethanol plant in Morgan County (the “HPRE Ethanol Plant”). The water supply for the HPRE Ethanol Plant will be provided from a well located on the HPRE Ethanol Plant site (the “HPRE Well”). Teague and HPRE have entered into

an agreement that provides for the augmentation of well depletions associated with the HPRE Ethanol Plant Well (the “Teague/HPRE Agreement”). Under this agreement Teague will dedicate the fully consumable credits derived from the change of the Teague Weldon Valley Ditch Company shares (the “Teague Weldon Valley Share Credits”) to and for the augmentation of the HPRE Well. 4. Upon expiration or termination of the Teague/HPRE Agreement, or to the extent that the Teague Weldon Valley Share Credits are not required to augment the depletions of the HPRE Ethanol Plant Well, Teague will utilize the Teague Weldon Valley Share Credits for other purposes pursuant to the decree entered in this case. 5. Excess recharge credits may need to be retimed by exchanging up to the River Well and pumped from the well into recharge ponds or recaptured by the J-T Augmentation Well No. 4 and pumped to augmentation ponds. Also, to the extent that the Teague Weldon Valley Share Credits are temporarily insufficient for augmentation plans described below, the J-T Augmentation Well No. 3 will be temporarily pumped for retiming and augmentation purposes. 6. HPRE is a co-applicant herein for the sole purpose of adjudicating the HPRE Well and associated Plan for Augmentation, but has no interest in or ability to control the remaining underground water rights, storage and recharge rights, the change of water right, or the plans for augmentation including exchange. APPLICATION FOR UNDERGROUND WATER RIGHTS 7. Name of Wells and Permit Numbers; Legal Description; Amount: Name Existing

Permit No.

Legal Description Amount

HPRE Well NA SE 1/4 NW 1/4 Section 8 T3N R58W, Morgan County, approximately 2250 feet from the N Section line and 2008 feet from the W Section line of Section 8.

1500 g.p.m., conditional

River Well NA SE1/4 NE 1/4 Section 3 T4N R60W Morgan County, approximately 1597 feet from the N Section line and 445 feet from the E Section line of Section 3.

8.5 c.f.s., conditional

J-T Augmentation Well No. 3

60617-F NE1/4 NW1/4 Section 8 T3N R58W Morgan County, approximately 1098 feet from the N Section line and 2496 feet from the W Section line of Section 8.

2500 g.p.m., conditional

J-T Augmentation Well No. 4

60618-F NW1/4 SE1/4 Section 32 T4N R58W Morgan County, approximately 2780 feet from the N Section line and 1858 feet from the E Section line of Section 32.

8.5 c.f.s., conditional

Feed Lot Well No. 16

NA NW1/4SE1/4 Section 21 T3N R58W Morgan County, approximately 2760 feet from the N Section line and 1842 feet from the E Section line of said Section 21

500 g.p.m., conditional

8. Source: Ground water tributary to the South Platte River. Depth: A. HPRE Well will be up to approximately 250 feet deep.B. River Well will be up to approximately 100 feet deep. C. J-T Augmentation Well 3 is approximately 215 feet deep (existing). D. J-T Augmentation Well 4 is approximately 91 feet deep (existing). E. Feed Lot Well No. 16 will be up to approximately 150 feet deep. 9. Date and manner of initiation of Appropriation: June 18, 2008 by the formulation of the intent to appropriate water and the performance of overt acts sufficient to manifest the requisite intent as evidenced by transmittal of this application to the Weldon Valley Ditch Company for approval, and the subsequent filing of this application. 10.Use or Proposed use: augmentation, recharge, retiming, replacement, substitution and exchange, industrial, commercial, municipal, domestic, irrigation, storage, reservoir evaporation, recreational, wildlife,

aesthetic, and stock watering, including reuse, successive use, and use to extinction. a. The HPRE Well will be the supply well for the HPRE Ethanol Plant. Water that is not consumed from the HPRE Ethanol Plant operations will be discharged to the HPRE Pond and accrue to the South Platte River, less evaporation, to offset a portion of the HPRE Well pumping as well as provide recharge credits. The recharge credits may be used to offset any of the beneficial uses listed above. b. The River Well will be a retiming well constructed in close proximately to the South Platte River such that depletions will be instantaneous for accounting purposes. Excess consumptive use credits in the South Platte River will be exchanged up to the River Well and pumped from the well into recharge ponds for subsequent credit as the water accrues to the river in a lagged pattern. The recharge credits may be used to offset any of the beneficial uses listed above. c. The J-T Augmentation Well No. 3 is an augmentation well to be pumped for retiming and augmentation purposes in the event that there are temporarily insufficient credits available for augmentation and/or replacement. The augmentation water may be used to offset any of the beneficial uses listed above. The lagged effect of this well on the River will be taken into account. d. The J-T Augmentation Well No. 4 is an augmentation and retiming well to be used for retiming purposes by pumping consumptive use credits available in the South Platte River into recharge ponds. The lagged effect of this well on the River will be taken into account. e. The Feedlot Well No. 16 may be used for any of the beneficial uses listed above. 11. Name and address of owner of the land upon which new diversion is located: The wells are located on land owned by: Name Owner HPRE Well HPRE, 33801 WCR 19, Windsor, CO 80550 River Well Maurice N. Jones, Shirley M. Schreiner, and

Jon E. Jones, 3992 County Road Y.5, Weldona, CO. 80653

J-T Augmentation Well No. 3 Gary Teague, 15366 MCR O, Fort Morgan, CO 80701

J-T Augmentation Well No. 4 JTG Pipeline, LLC, c/o Gary Teague,15366 MCR O, Fort Morgan, CO 80701

Feed Lot Well No. 16 Gary Teague, 15366 MCR O,Fort Morgan, CO 80701

12. Remarks: A map showing the approximate location of each of the Wells is attached to the Application as Exhibit A. APPLICATION FOR WATER STORAGE AND GROUNDWATER RECHARGE SITES 13. Name of Storage facility, Legal Description; Surface Area; Dam Height; Capacity: Name Legal Description Max.

Sur. Area (acre)

Dam Height (feet)

Active Cap. (acre-feet)

Dead Cap. (acre-feet)

Total Amount Claimed (acre-feet)

C1 Pond NE 1/4 NE 1/4 Sec. 3, N 1/2 NW 1/4 Sec. 2, T4N R60W, 6th P.M., Morgan County, center of pond approximately 758 ft from the North section line and 869 ft from the West section line of said Sec. 2

27 8 162 0 162

C2 Pond NE 1/4 NW 1/4 Sec. 2 T4N R60W, Morgan County, center of pond approximately 339 ft

7 8 42 0 42

Name Legal Description Max. Sur. Area (acre)

Dam Height (feet)

Active Cap. (acre-feet)

Dead Cap. (acre-feet)

Total Amount Claimed (acre-feet)

from the North section line and 2370 ft from the West section line of said Sec. 2

F Pond SE 1/4 NW 1/4 Sec. 35 T5N R60W, Morgan County, center of pond approximately 1786 ft from the North section line and 1938 ft from the West section line of said Sec. 35

15 8 90 0 90

G Pond NW 1/4 NW 1/4 Sec. 25 T5N R60W, Morgan County, center of pond approximately 843 ft from the North section line and 454 ft from the West section line of said Sec. 25

15 8 90 0 90

H Pond NE 1/4 SW 1/4 Sec. 30 T5N R59W, Morgan County, center of pond approximately 1939 ft from the South section line and 3056 ft from the East section line of said Sec. 30

7 8 42 0 42

I Pond SE 1/4 SE 1/4 Sec. 30 T5N R59W, Morgan County, center of pond approximately 228 ft from the South section line and 290 ft from the East section line of said Sec. 30

5 8 30 0 30

M Pond NW 1/4 NE 1/4 Sec. 2 T4N R59W, Morgan County, center of pond approximately 416 ft from the North section line and 2229 ft from the East section line of said Sec. 2

16 8 96 0 96

N Pond NW 1/4 NW 1/4 Sec. 1 T4N R59W, Morgan County, center of pond approximately 472 ft from the North section line and 412 ft from the West section line of said Sec. 1

10 8 60 0 60

Graff Pond 1 (existing)

NW 1/4 NE 1/4 Sec. 8 T3N R58W, 6th P.M., Morgan County, center of pond

20 8 120 0 120

Name Legal Description Max. Sur. Area (acre)

Dam Height (feet)

Active Cap. (acre-feet)

Dead Cap. (acre-feet)

Total Amount Claimed (acre-feet)

approximately 713 ft from the North section line and 2333 ft from the East section line of said Sec. 8.

Graff Pond 2 (existing)

NE 1/4 NE 1/4 Sec. 8 T3N R58W, 6th P.M., Morgan County, center of pond approximately 474 ft from the North section line and 725 ft from the East section line of said Sec. 8.

20 8 120 0 120

JTG Pond 1 (proposed)

NE 1/4 SE 1/4 Sec. 32 T4N R58W, 6th P.M., Morgan County, center of pond approximately 2312 ft from the South section line and 278 ft from the East section line of said Sec.32.

4 8 24 0 24

JTG Pond 2 (proposed)

NE 1/4 SE 1/4 Sec. 32 T4N R58W, 6th P.M., Morgan County, center of pond approximately 2312 ft from the South section line and 147 ft from the East section line of said Sec. 32.

4 8 24 0 24

JTG Pond 3 (existing)

SW 1/4 SE 1/4 Sec. 32 T4N R58W, 6th P.M., Morgan County, center of pond approximately 4493 ft from the North section line and 3330 ft from the West section line of said Sec. 32.

4 8 24 0 24

JTG Pond 4 (proposed)

SE 1/4 SE 1/4 Sec. 32 T4N R58W, 6th P.M., Morgan County, center of pond approximately 896 ft from the South section line and 428 ft from the East section line of said Sec. 8.

7 8 42 0 42

HPRE Pond SE 1/4 NW 1/4 Sec. 8 T3N R58W, 6th P.M., Morgan County, approx 1719 ft from the N Sect line and approx 2375

20 8 120 0 120

Name Legal Description Max. Sur. Area (acre)

Dam Height (feet)

Active Cap. (acre-feet)

Dead Cap. (acre-feet)

Total Amount Claimed (acre-feet)

ft from the W Sect line of said Sect 8.

Christensen Brothers Inc. Pond # 1[listed in Weldon Valley Ditch Plan, pending Case No. 02CW377 as “Christensen”]

SW 1/4 SW 1/4 Sec. 27 and NW 1/4 NW 1/4 Sec. 34 T5N R59W, 6th P.M., Morgan County, center of pond approximately 96 ft from the North section line and 275 ft from the West section line of said Sec. 34

7 8 42 0 42

Christensen Brothers Inc. Pond # 2

NW 1/4 NW 1/4 Sec. 34 T5N R59W, 6th P.M., Morgan County, center of pond approximately 673 ft from the North section line and 297 ft from the West section line of said Sec. 34

7 8 42 0 42

Christensen Brothers Inc. Pond # 3

NW 1/4 NW 1/4 Sec. 34 T5N R59W, 6th P.M., Morgan County, center of pond approximately 1107 ft from the North section line and 260 ft from the West section line of said Sec. 34

5 8 30 0 30

14. Source: a. C1 Pond, C2 Pond, F Pond, G Pond, H Pond, I Pond, M Pond, N Pond, Christensen Brothers Inc. Pond # 1, Christensen Brothers Inc. Pond # 2, Christensen Brothers Inc. Pond # 3, Graff Pond 1, Graff Pond 2, JTG Pond 1, JTG Pond 2, JTG Pond 3, and JTG Pond 4: consumptive use portion of the changed Teague Weldon Valley Ditch shares described herein, excess recharge credits from the Bijou Plan in Case No. 03CW262, excess recharge credits from Morgan Ditch Plan in Case No. W-2692, recharge credits from Weldon Valley Ditch Plan in pending Case No. 02CW377, and South Platte River water decreed herein. b. HPRE Pond: Excess pumping from HPRE Well. 15. Date and manner of initiation of appropriation: water would be diverted under its decreed appropriation dates based on the listed sources above, however for the South Platte River water decreed herein, the water will be stored with an appropriation date of June 18, 2008. Initiation of appropriation occurred by the formulation of the intent to appropriate water and the performance of overt acts sufficient to manifest the requisite intent as of the appropriation date as evidenced by transmittal of this application to the Weldon Valley Ditch Company for approval, and the subsequent filing of this application.16. Proposed use of stored water and recharge water: augmentation, recharge, retiming, replacement, substitution and exchange, industrial, commercial, municipal, domestic, irrigation, storage,

reservoir evaporation, recreational, wildlife, aesthetic, and stock watering, including reuse, successive use, and use to extinction. 17. Name and address of owner of the land upon which new storage facility is located: The storage facilities/recharge ponds are located on land owned by: Name Property Owner C1 Pond Maurice N. Jones, Shirley M. Schreiner, and Jon E. Jones

3992 County Road Y.5 Weldona, CO 80653

C2 Pond Maurice N. Jones, Shirley M. Schreiner, and Jon E. Jones 3992 County Road Y.5 Weldona, CO 80653

F Pond Maurice N. Jones, Shirley M. Schreiner, and Jon E. Jones 3992 County Road Y.5 Weldona, CO 80653

G Pond Maurice N. Jones, Shirley M. Schreiner, and Jon E. Jones 3992 County Road Y.5 Weldona, CO 80653

H Pond Andrena Parachini c/o : Carole J. Richardson 6251 County Road JJ Orchard, CO 80649

I Pond Douglas and Julie Bolen 25254 County Road 6.7 Weldona, CO 80653

M Pond James F. Hoke 10787 Hwy. 144 Weldona, CO 80653

N Pond James F. Hoke 10787 Hwy. 144 Weldona, CO 80653

Graff Pond 1 (existing) Gary Teague 15366 MCR O Fort Morgan, CO 80701

Graff Pond 2 (existing) Gary Teague 15366 MCR O Fort Morgan, CO 80701

JTG Pond 1 (proposed) JTG Pipeline, LLC c/o Gary Teague 15366 MCR O Fort Morgan, CO 80701

JTG Pond 2 (proposed) JTG Pipeline, LLC c/o Gary Teague 15366 MCR O Fort Morgan, CO 80701

JTG Pond 3 (existing) JTG Pipeline, LLC c/o Gary Teague 15366 MCR O Fort Morgan, CO 80701

JTG Pond 4 (proposed) JTG Pipeline, LLC c/o Gary Teague 15366 MCR O

Name Property Owner Fort Morgan, CO 80701

HPRE Pond HPRE 33801 WCR 19 Windsor, CO 80550

Christensen Brothers Inc. Pond #1 [listed in Weldon Valley Ditch Plan, pending Case No. 02CW377 as “Christensen”]

Christensen Brothers, Inc. 24951 MCR 9.5 Weldona, CO. 80653

Christensen Brothers Inc. Pond #2

Christensen Brothers, Inc. 24951 MCR 9.5 Weldona, CO 80653

Christensen Brothers Inc. Pond #3

Christensen Brothers, Inc. 24951 MCR 9.5 Weldona, CO 80653

18. Remarks: A map showing the approximate location of each of the Water Storage and Recharge Ponds is attached hereto as Exhibit A and incorporated herein. The primary use of the storage and recharge sites is for recharge and augmentation purposes to replace depletions from the wells listed in the underground water rights section above as well as other wells owned by the applicants. Applicant may exchange excess augmentation and recharge credits not used for well augmentation from the point of accrual on the South Platte River upstream to the headgate of the Weldon Valley Ditch and/or the River Well for diversion and delivery to recharge sites. In addition, augmentation and recharge credits may be leased or assigned for use under approved substitute water supply plans or decreed plans for augmentation. APPLICATION FOR CHANGE OF WATER RIGHT---TEAGUE WELDON VALLEY DITCH SHARES. 19. Decreed Name of Structure for Which Change is Sought: Teague seeks to change its pro rata entitlement to water rights represented by 47.38 shares in the Weldon Valley Ditch Company (collectively the “Teague Weldon Valley Shares”). Stock Certificates, Stock Assignments, and other conveyance documents representing these shares of stock are available upon request to Applicant. 20. Previous Decree: Date Entered: The Weldon Valley Ditch was decreed on November 21, 1895. Case No.: Case No. 433, Court: Weld County District Court, Weld County, State of Colorado, Decreed Point of Diversion: The headgate location is on the north bank of the South Platte River in the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. The decreed point of diversion is shown on Exhibit B to the Application. Source: South Platte River. Appropriation Date: October 26, 1881. Amount: 165 c.f.s. for irrigation. 21. Historic Use: Location of Historic Use. The 47.38 Teague Weldon Valley Shares have been used for irrigation on approximately 600 acres in Morgan County. Pursuant to C.R.S. § 37-92-302(2), a map showing the location of the lands upon which these shares have historically been used is attached as Exhibit B. Additionally, a “Non-Irrigation Covenant” for the lands upon which these shares were historically used is available upon request to Applicant. Diversion Records. Pursuant to C.R.S. § 37-92-302(2)(a), summaries of records of diversions are set forth in Exhibit C to the Application. 22. Proposed Change: Teague seeks to change the use of the water rights represented by the Teague Weldon Valley Shares to include augmentation, recharge, retiming, replacement, substitution and exchange, industrial, commercial, municipal, domestic, storage, reservoir evaporation, recreational, wildlife, aesthetic and stock watering as well as the decreed irrigation use, with the right to totally consume the historic consumptive use portion of the water, either by first use, successive use, or disposition. Teague Weldon Valley Shares will be diverted

at the headgate of the Weldon Valley Ditch. A. The primary use of the historic consumptive use credit is for recharge and augmentation purposes to replace depletions by wells listed in the underground water rights section above as well as other wells owned by the applicants. Pursuant to the Teague/HPRE Agreement, Teague will dedicate the fully consumable credits derived from the change of the Teague Weldon Valley shares to and for the augmentation of the HPRE Well. Upon expiration or termination of the Teague/HPRE Agreement, or to the extent that the Teague Weldon Valley Share Credits are not required to augment the depletions of the HPRE Well, Teague will utilize the Teague Weldon Valley Share Credits for other purposes described herein and pursuant to the decree entered in this case. B. The historic consumptive use attributable to the Teague Weldon Valley Shares may be either delivered to the storage and recharge facilities described herein or delivered directly to the South Platte River through a proposed Weldon Valley Ditch return structure, the Jackson Lake outlet structure, or at the point of return of the Weldon Valley Ditch to the South Platte River for augmentation credit. The Jackson Lake outlet structure will only be used with the prior permission of the Jackson Lake Reservoir and Irrigation Company. C. Historic Consumptive Use Credits derived from the Teague Weldon Valley Shares which are not consumed by the plans for augmentation described herein may be recaptured for storage and recharge, exchanged up to and diverted by the Weldon Valley Ditch at its headgate and/or the River Well for delivery to the storage and recharge ponds, or utilized by the Feed Lot Well No. 16 described above in this Application for irrigation use. D. Applicant will maintain historical return flows in amounts and at locations and at times necessary to prevent injury to other vested water rights. 23. Name and address of owner of the land: A. Weldon Valley Ditch headgate is owned by the Weldon Valley Ditch Company, P.O. Box 626, Weldona, CO 80653. B. Property owners of land upon which the storage and recharge ponds are located: see paragraph 17 above. C. Property owners of wells which may recapture excess augmentation water: see paragraph 11 above. D. Jackson Lake outlet is owned by the Jackson Lake Reservoir and Irrigation Company, P.O. Box 38, Fort Morgan, CO 80701. 24. Remarks: With the prior permission of the Water Commissioner, Applicant may exchange excess augmentation and recharge credits not used for well augmentation from the point of accrual on the South Platte River upstream to the headgate of the Weldon Valley Ditch and/or the River Well for diversion and delivery to recharge sites. In addition, augmentation and recharge credits may be leased or assigned for use under approved substitute water supply plans or decreed plans for augmentation. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. FOR HPRE WELL INCLUDING EXCHANGE. 25. Name of Structures to be Augmented: HPRE Well. Any other water rights diverted from this structure? No. 26. Sources to be Used for Augmentation: The water to be used for augmentation purposes will be the consumptive use portion of the changed Teague Weldon Valley Ditch shares described herein, excess recharge credits from the Bijou Plan in Case No. 03CW262, excess recharge credits from Morgan Ditch Plan in Case No. W-2692, recharge credits from Weldon Valley Ditch Plan in pending Case No. 02CW377, recharge credits generated under the plan decreed herein, J-T Augmentation Well No. 3 and J-T Augmentation Well No. 4 decreed herein, and additional decreed fully consumptive water available to the river above the location of depletions with permission of the Division Engineer and Water Commissioner. Each of the existing decrees associated with these augmentation sources are more fully described as follows: A. Weldon Valley Ditch; Date of Original decree: The Weldon Valley Ditch was decreed on November 21, 1895; Case No: Case No. 433; Court: Weld County District Court, Weld County, State of Colorado; Type of Water Right: surface water right; Legal Description: The decreed headgate location is on the north bank of the South Platte River in the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 4 South, Range 61 West of the 6th P.M., Weld County, Colorado. Source: South Platte River; Appropriation Date: October 26, 1881; Amount: 165 c.f.s. Decreed Use: Irrigation. B. Bijou Canal Recharge Credit from Case No. 2003CW262. Date of Original decree: December 11, 2006; Case No: 03CW262; Court: Weld County District Court, Weld County, State of Colorado;

Type of Water Right: water rights, recharge, and plan for augmentation; Legal Description: The Bijou Canal decreed headgate location is the south side of the South Platte River in the NE1/4 NE1/4 of Section 13, T4N, R63W, 6th P.M., Weld County, Colorado; recharge sites as described in decree; etc. Source: South Platte River Appropriation Date: May 6, 2003;Amount: 350 c.f.s., up to a total of 2,325 acre-feet. Decreed Use: recharge and augmentation purposes. C. Fort Morgan Canal Recharge Credits from Case No. W-2692. Date of Original decree: April 22, 1985;Case No: W-2692; Court: Weld County District Court, Weld County, State of Colorado;Type of Water Right: water rights, recharge, and plan for augmentation; Legal Description: The Fort Morgan Canal headgate location is 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; recharge sites as described in decree; etc.; Source: South Platte River; Appropriation Date: May 19, 1972; Amount: 323 c.f.s; Decreed Use: recharge and augmentation D. Weldon Valley Ditch Recharge Water Right and Recharge Sites, pending Case No. 02CW377; Date of Original decree: pending; Case No: Case No. 02CW377; Court: Weld County District Court, Weld County, State of Colorado; Type of Water Right: surface water right and recharge sites; Legal Description: The decreed headgate location for the Weldon Valley Ditch is located on the South Platte River in the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado; recharge sites as described in proposed decree; etc. Source: South Platte River; Appropriation Date: July 24, 2002; Amount: 165 c.f.s. Decreed Use: recharge and recharge credits will be used for all beneficial uses. 27. Statement of Plan for Augmentation: The water demands for the HPRE Ethanol Plant will be met by the operation of the HPRE Well. Water from the HPRE Well that is not consumed or otherwise lost in the course of operation of the HPRE Ethanol Plant will be discharged to the HPRE Pond. The net depletions from the operation of the HPRE Well (including HPRE Pond evaporation) will be replaced by augmentation credits resulting from recharge facilities decreed in this case as well as the other augmentation sources listed above. The water discharged to the HPRE Pond, less evaporation, will accrue to the South Platte River in a lagged pattern similar to that of the depletions from the HPRE Well. 28. Exchange: When depletions attributable to pumping of the HPRE Well are out of priority, the depletions will be replaced pursuant to this plan for augmentation. When the point of replacement is below the point of depletion, or when excess credits need to be exchanged upstream for retiming, the plan for augmentation will include an exchange, which Applicants claim in the amounts, for the uses, and with the appropriation date for the HPRE Well. The reach of the exchange will be from the State Highway 52 Bridge that crosses the South Platte River north of Fort Morgan in Section 31, T4N, R57W to the Weldon Valley Ditch Headgate as shown on Exhibit D. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION FOR J-T AUGMENTATION WELL No. 3, J-T AUGMENTATION WELL No. 4 AND FEEDLOT WELL No. 16 INCLUDING EXCHANGE 29. Name of Structures to be Augmented: J-T Augmentation Well No. 3, J-T Augmentation Well No. 4 and Feed Lot Well No. 16.Any other water rights diverted from this structure? Water rights for the J-T Augmentation Well No. 3 and J-T Augmentation Well No. 4 were previously decreed in Case No. 2003CW263. The Feed Lot Well No. 16 does not currently exist, thus there are no other water rights diverted from the Feed Lot Well No. 16. 30. Sources to be Used for Augmentation: The water to be used for augmentation purposes will be the consumptive use portion of the changed Teague Weldon Valley Ditch shares described herein, excess recharge credits from the Bijou Plan in Case No. 03CW262, excess recharge credits from Morgan Ditch Plan in Case No. W-2692, recharge credits from Weldon Valley Ditch Plan in pending Case No. 02CW377, recharge credits generated under the plan decreed herein, and additional decreed fully consumptive water available at nearby headgates with permission of the Division Engineer and Water Commissioner. Each of the existing decrees associated with these augmentation sources are more fully described below: A. Weldon Valley Ditch; Date of Original decree: The Weldon

Valley Ditch was decreed on November 21, 1895; Case No: Case No. 433; Court: Weld County District Court, Weld County, State of Colorado; Type of Water Right: surface water right; Legal Description: The decreed headgate location is on the north bank of the South Platte River in the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 4 South, Range 61 West of the 6th P.M., Weld County, Colorado; Source: South Platte River; Appropriation Date: October 26, 1881; Amount: 165 c.f.s.; Decreed Use: Irrigation. B. Bijou Canal Recharge Credit from Case No. 2003CW262; Date of Original decree: December 11, 2006; Case No: Case No. 03CW262; Court: Weld County District Court, Weld County, State of Colorado; Type of Water Right: water right, recharge, and plan for augmentation. Legal Description: The Bijou Canal decreed headgate location is the south side of the South Platte River in the NE1/4 NE1/4 of Section 13, T4N, R63W, 6th P.M., Weld County, Colorado; recharge sites as described in decree; etc.; Source: South Platte River; Appropriation Date: May 6, 2003; Amount: 350 c.f.s.; up to a total volume of 2,325 acre-feet; Decreed Use:recharge and augmentation purposes. C. Fort Morgan Canal Recharge Credits from Case No. W-2692; Date of Plan for Augmentation decree: April 22, 1985; Case No: Case No. W-2692; Court: Weld County District Court, Weld County, State of Colorado; Type of Water Right: water rights, recharge, and plan for augmentation; Legal Description: The Fort Morgan decreed headgate is located on the south bank of the South Platte River at a point 23 chains north and 5 chains west of the SE corner of Section 31, T 5 N, Range 59 West of the 6th P.M., Morgan County, Colorado; recharge sites as described in decree; etc.; Source: South Platte River; Appropriation Date: May 19, 1972;Amount: 323 c.f.s; Decreed Use: recharge. D. Weldon Valley Ditch Recharge Water Right and Recharge Sites, pending Case No. 02CW377; Date of Original decree: pending; Case No: Case No. 02CW377; Court: Weld County District Court, Weld County, State of Colorado; Type of Water Right: surface water right and recharge sites; Legal Description: The decreed headgate is located on the South Platte River in the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 4 South, Range 61 West of the 6th P.M., Weld County, Colorado; recharge sites as described in proposed decree; etc.; Source: South Platte River; Appropriation Date: July 24, 2002; Amount: 165 c.f.s.; Decreed Use: recharge and recharge credits will be used for all beneficial uses. 31. Statement of Plan for Augmentation: The net depletions from the operation of the J-T Augmentation Well No. 3, J-T Augmentation Well No. 4, and Feedlot Well No. 16 will be replaced by augmentation credits resulting from recharge facilities decreed in this case as well as the other augmentation sources listed above. 32. Exchange: When depletions attributable to pumping of the J-T Augmentation Well No. 3, J-T Augmentation Well No. 4, and the Feedlot Well No. 16 are out of priority, the depletions will be replaced pursuant to this plan for augmentation. When the point of replacement is below the point of depletion, or when excess credits need to be exchanged upstream for retiming, the plan for augmentation will include an exchange, which Applicants claim in the amounts, for the uses and with the appropriation date for the J-T Augmentation Well No. 3, J-T Augmentation Well No. 4, and the Feedlot Well No. 16. The reach of the exchange will be from the State Highway 52 Bridge that crosses the South Platte River north of Fort Morgan in Section 31, T4N, R57W to the Weldon Valley Ditch Headgate as shown on Exhibit D attached to the Application. Number of pages in Application (including exhibits) is 23. AMENDMENTS 94CW043 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ORODEL, INC., d/b/a BOULDER MOUNTAIN LODGE. AMENDED APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION IN BOULDER COUNTY. Name, address and telephone number of Applicant: Orodel, Inc., d/b/a Boulder Mountain Lodge C/O Alan G. Hill, Tienken & Hill, LLP, 801 Main St., Ste. 120, Louisville, CO 80027, 303-673-9373. Name of the structure(s) to be augmented: Boulder Mountain Lodge Water Supply Well (Permit No. 43029-

F issued December 3, 1993)Are there other water rights diverted from this structure? No. Previous decree(s) for water right(s) to be used for augmentation: Applicant has entered into a Water Lease Agreement with the Pine Brook Water District, special district of the State of Colorado, pursuant to which Pine Brook has agreed to provide augmentation water for a period of fifty (50) years. The augmentation water to be provided by Pine Brook pursuant to the Water Lease Agreement is described in the Findings and Ruling of the Referee and Decree of the Water Court in Case No. 81CW466, Application for Water Rights of Pine Brook Water District, entered by the Water Court on May 8, 1984. The water to be delivered by Pine Brook for augmentation purposes is described as follows: One (1) share of Farmers Ditch water. The average historic consumptive use of water represented by the use of the water right is 62.2 acre feet per year. The Farmers Ditch Company, a mutual ditch company, has 100 shares outstanding, and owns a decree for 73.29 cubic feet per second with an appropriation date of October 1, 1862 and an adjudication date of June 2, 1882. It diverts from the North bank of Boulder Creek in former Water District No. 6 at a point in the NW1/4 of Section 36, Township 1 North, Range 71 West of the 6th P.M., Boulder County, Colorado; Thirty-four (34) shares of Boulder and White Rock Ditch and Reservoir Company water. The average historic consumptive use of water represented by applicant’s thirty-four(34) shares is 23.1 acre feet per year (11.3 acre feet attributable to direct flow water and 11.8 acre feet attributable to storage water). The Boulder and White Rock Ditch and Reservoir Company has 5,500 shares issued and outstanding. The Boulder and White Rock Ditch diverts water from the North bank of Boulder Creek in the SW1/4 SW1/4 of Section 30, Township 1 North, Range 70 West of the 6th P.M. near the Broadway Street Bridge in the City of Boulder, Boulder County, Colorado. Applicant’s ownership represents a pro rata interest in each of the following priorities: The Boulder and White Rock Ditch decree for 190.58 cubic feet per second for irrigation purposes with an appropriation date of November 1, 1873 and an adjudication date of June 2, 1882.Goose Creek decree for 26.0 c.f.s. diverted at a point in the NW 1/4 of Section 29, Township 1 North, Range 70 West, with an appropriate date of December 1, 1873 and an adjudication date of May 30, 1892.An undivided 86.5% interest in and to the Panama Reservoir located in Section 35 and 36, Township 2 North, Range 69 West of the 6th P.M., Boulder County Colorado which as a storage right for 7,000 acre feet for irrigation purposes with an appropriate date of May 31, 1904 and an adjudication date of June 21, 1926.Panama Reservoir refill decree for 4,989 acre feet with an appropriate date of December 31, 1929 and an adjudication date of September 28, 1953.Six Mile Reservoir storage right for 957.83 acre feet for irrigation purposes located in Section 9, Township 1 North, Range 70 West of the 6th P.M., Boulder County, Colorado with an appropriation date of August 20, 1894 and an adjudication date of December 19, 1900.Six Mile Reservoir refill storage right for 957.83 acre feet for irrigation purposes with an appropriation date of December 31, 1929 and an adjudication date of September 28, 1953.The company also operates an adjudicated exchange plan involving the release of reservoir water to Boulder Creek and the diversion of equivalent quantities at the headgate of the Boulder and White Rock Ditch. The water right adjudicated in Case No. 81CW393, Water Division No. 1, and which is to be diverted from Well No. P.B. 13 and/or Pine Brook Fourmile Surface Diversion, each located in the SE1/4 SE1/4 of Section 21, Township 1 North, Range 71 West of the 6th P.M., Boulder County, Colorado. The amount decreed is 0.333 cubic feet per second with an appropriation date of March 4, 1981.An undivided three-fourths (3/4)interest in 3.59 cubic feet per second adjudicated to the Wellman, Nichols and Hahn Ditch out of Boulder Creek as transferred by decree of the water court in Water Division No. 1 in Case No. W-8461-77 dated August 8, 1978. Said decree provides for the diversion of 1.8 cubic feet per second, but not more than 216.5 acre feet per year, during the period April 15th through September 15th. Pine Brook’s three-fourths interest is therefore 1.35 cubic feet per second. Said decree authorizes diversion from the following two alternate points of diversion: Wittemyer Well No. 1-9295-F, adjudicated in Case No. W-6325, Water Division No. 1, and located in the SE1/4 SE1/4 of Section 21, Township 1 North, Range 71 West of the 6th P.M., Boulder County,

Colorado at a point 1,040 feet North and 710 feet West of the SE Corner of said Section 21.Wittemyer Pump and Pipeline, to be located in Section 21, Township 1 North, Range 71 West of the 6th P.M., Boulder County, Colorado. An undivided nine-tenths (9/10) interest in Wittemyer Well No. 1-0205-F located as described in paragraph 12(D)(1) and adjudicated by the water court for Water Division No. 1 in case No. W-6323. The decree dated December 5, 1975, as for 0.0933 cubic feet per second for domestic and irrigation purposes. Applicant has purchased an undivided one/four hundred thirty-third (1/433) interest (not to exceed 0.5 acre-feet of water) in the Wellman, Nichols and Hahn water right out of Boulder Creek as transferred by decree of the Water Court for Water Division No. 1 in Case No. W-8461-77 dated August 8, 1978.Date Entered (original adjudication): June 2, 1882.Court: Boulder County District Court. Type of Water Right: Surface. Legal Description of Points of Diversion: Said water right by the original decree shares a common point of diversion from Boulder Creek with various other ditches, which point is located at the intersection of Boulder Creek with Broadway, commonly referred to as the 12th Street Diversion Facility, in the City of Boulder, Colorado. By decree August 8, 1978, entered in Case No. W-8461-77 the following two alternate points of diversion are authorized: Wittemyer Well No. 1-9295-F, located in the SE1/4 of SE1/4 of Section 21, Township 1 North, Range 71 West of the 6th P.M., Boulder County, Colorado, at a point 1040 feet North and 710 feet West of the SE corner of said SE corner of said Section 21.Wittemyer Pump & Pipeline, a new diversion facility located approximately on e mile upstream of the Boulder Mountain Lodge, with its point of diversion as follows: Commencing at corner No. 3 of the Clem Thomas Placer, Mineral Survey No. 87, in Section 21, Township 1 North, Range 71 West of the 6th P.M., Boulder County, Colorado; thence South 26°32’40” West, 100.07 feet along lines 3-4 of said Clem Thomas Placer; thence South 43°11’30” East, 78.80 feet to the true point of beginning, which point is located on Four Mile Creek, a tributary of Boulder Creek. Source: Boulder Creek. Amount: 10.77 cfs. Was originally decreed to the Wellman, Nichols and Hahn Ditch, Priority No. 11, former Water District No. 6; 1.8 cfs. of this water right (216.5 acre-feet per year) was transferred in Case No. W-8461-77. Applicant’s interest in this transferred right is not to exceed 0.5 acre feet. Appropriation Date: June 1, 1862.Decreed Use: Irrigation. Historic Use: According to decree in Case No. 8461-77, the above-described water right was historically used for the irrigation of 70 acres known as “Wilson” place (see 12 of Decree). The water right was transferred for use on 90 acres located in the S1/2 of Section 22, and the N1/2 of Section 27, Township 1 North, Range 71 West, 6th P.M., in Boulder County, Colorado. Statement of Plan for Augmentation [covering all applicable matters under C.R.S. §37-92-103(9), 302(1)(2) and 305(8)]. Boulder Mountain Lodge is a small mountain lodge comprised of motel units and campsites. There is also a single family residence, a small cabin, and a swimming pool. The lodge is located on 7.5 acres of land in the SW1/4 of the SE1/4, Section 27, Township 1 North, Range 71 West, 6th P.M., in Boulder County, Colorado, just upstream of the confluence of Four Mile Creek and Boulder Creek. Water is used for the motel units, camp sites, a swimming pool and limited irrigation of lawn and gardens. The present source of water supply is a commercial well, Permit No. 43029-F. The water rights described in paragraphs 1.3.A. and B. will be used as augmentation. The lodge also has approximately 41,800 gallon (0.13 acre feet) of storage on the property. The lodge has two septic tanks which feed either a deep percolation leach field or two sand filter leach fields. Wastewater from the sand filter fields is collected and diverted to a treatment tank, and then pumped to Four Mile Creek. The deep percolation leach field is non-evaporative with all wastewater returning to the stream system through groundwater (Colorado Discharge Permit No. CDPS Co. 0040819). Total consumptive use for all uses by applicant is anticipated to be approximately 0.456 acre feet per year. The total consumptive use is estimated using a 10 percent consumptive use factor to the metered in-house use, and an 80 percent consumptive use factor to the metered irrigation use. Depletions from the pool will equal the computed evaporation loss. Water will be delivered pursuant to the Water Lease Agreement by Pine Brook to Four Mile Creek, or Applicant’s 0.5 acre-feet of Wellman replacement water will

be left in Four Mile Creek and will not be diverted at the Wittemyer diversion points, to offset depletions of water from Applicant’s well. In addition, water may be delivered from releases from on-site storage, or from releases of water hauled by the Applicant and stored on-site. WHEREFORE, Applicant requests the Court to enter a decree: Finding that the proposed plan for augmentation is contemplated by law and approving the plan; and Finding that the owners and users of vested water rights and conditional water rights will not be adversely affected by depletions from Applicant’s well if the proposed augmentation plan is operated under the terms and conditions of an decree entered herein; and For such other relief as the court deems proper. 02CW124 JOHN A. HALL, INDIVIDUALLY; RATHCUKA, LLC, a COLORADO LIMITED LIABILITY COMPANY; BRACKET LAZY H, LLLP, a COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP; and JETHRO INVESTMENT TRUST, all c/o John A. Hall, 7901 Woodland Road, Longmont, Colorado 80503 (303) 651-9636. Joanne Herlihy, Esq., Dufford & Brown, P.C., 1700 Broadway, Suite 2100, Denver, CO 80290-2101, (303) 861-8013. Second Amended Application for Change of Water Right IN BOULDER COUNTY. Decreed name of structures for which change is sought: Hall South Ditch, Hall North Ditch, Otto Ditch. From previous Decree: A. Hall South Ditch Date entered: July 3, 1951, Case No.: 11715, Court: Boulder County District Court, Appropriation date: May 11, 1919, Amount: 3.45 cfs, Decreed point of diversion: The south side of the South St. Vrain Creek, 2100 feet south and 500 feet west of the northeast corner of Section 26, Township 3 North, Range 71 West, Source: South St. Vrain Creek, Use: Irrigation. B. Hall North Ditch: Date entered: July 3, 1951, Case No.: 11715, Court: Boulder County District Court, Appropriation date: May 11, 1919, Amount: 3.65 cfs Decreed point of diversion: The north side of the South St. Vrain Creek, 800 feet south and 1550 feet west of the northeast corner of Section 26, Township 3 North, Range 71 West. Source: South St. Vrain Creek .Use: Irrigation C. Otto Ditch: Date entered: July 3, 1951, Case No.: 11715, Court: Boulder County District Court Appropriation date: May 11, 1919, Amount: 4.8 cfs, Decreed point of diversion: The north side of the South St. Vrain Creek, at a point 1300 feet south and 900 feet east of the northwest corner of Section 25, Township 3 North, Range 71 West, Source: South St. Vrain Creek Use: Irrigation, Historic Use: The Hall South Ditch water right is decreed for irrigation. This water right has historically irrigated approximately 17.3 acres located south of the South St. Vrain Creek for the production of native grass/hay and oats. This acreage varied year to year depending upon the meandering of the creek and road construction that took place in the area during the 1950’s. Proposed Change: Applicants seek to change the point of diversion for the Hall South Ditch water right, described above, to the Hall North Ditch point of diversion, as well as to one or more of the following alternate points of diversion, the Hall North Ditch point of diversion, the Otto Ditch point of diversion and/or from a pump or pumps in the South St. Vrain Creek to be located: a. In the South St. Vrain Creek, at a point located on the south side of the Creek approximately 1375 feet south and 900 feet east of the northwest corner of Section 25, Township 3 North, Range 71 West. See map attached as Exhibit A. b. In the South St. Vrain Creek, at a point located on the south side of the Creek approximately 1375 feet south and 1100 feet east of the northwest corner of Section 25, Township 3 North, Range 71 West, to allow diversion of this water right at these points for use on the lands historically irrigated by this water right because due to road construction and a gravel mining operation the Hall South Ditch point of diversion is unusable. There are no intervening water rights between the Hall South Ditch point of diversion and the Hall North Ditch point of diversion. There are no intervening water rights between the Hall North Ditch point of diversion and the Otto Ditch. Between the Hall North Ditch point of diversion and the location of the pump(s) as alternate points of diversion is the Otto Ditch water right. The alternate points of diversion requested for the Hall South Ditch water right will not change the type of use, place of use or amount of use of that water right. Name and Address of Owner of Land on Which Structures are located: Applicants are the owners of the land on which the structures are or are proposed to be located. WHEREFORE,

Applicants pray that this Court enter a decree granting this Application and awarding a change in point of diversion and alternate points of diversion for the Hall South Ditch water right to be diverted at the Hall North Ditch point of diversion, the Otto Ditch point of diversion and/or to a pump or pumps placed in South St. Vrain Creek; and for such further relief as this Court deems just and proper. Number of pages of Application 8. 02CW397 CENTENNIAL LIMITED LIABILITY CO. III., a Colorado limited liability company, c/o Wayne F. Forman and Holly K. Strablizky, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, Colorado 80202 Telephone: (303) 223-1100. FIRST AMENDED and RESTATED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES IN THE LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS AND CHANGE OF WATER RIGHTS, in DOUGLAS COUNTY. BACKGROUND: The purpose of this Amendment is to address all of the Denver Basin ground water underneath the contiguous parcels owned by the Applicant, in Douglas County, Colorado. The Applicant’s predecessor in interest, Jackson Creek Properties, LLC (“Jackson Creek”), adjudicated Denver Basin ground water underneath its property as it acquired the overlying parcels over time. First, Jackson Creek adjudicated the Denver Basin ground water, with the exception of ground water in the Lower Dawson aquifer, underneath the 1,320-acre Jackson Creek Parcel in Case No. 97CW76 on February 19, 1998. Second, Jackson Creek adjudicated the Denver Basin ground water, with the exception of ground water in the Lower Dawson aquifer, underneath the adjoining 919-acre Sinclaire Parcel in Case No. 99CW196, as amended, on June 30, 2001. Third, Jackson Creek filed the Original Application in this case to adjudicate the Denver Basin ground water underlying the adjoining 105-acre Morrow Parcel. The Original Application also proposed a change to Case Nos. 97CW76 and 99CW196 to permit withdrawal of all of the Denver Basin ground water available from the three Parcels – Jackson Creek, Sinclaire, and Morrow – anywhere on the three Parcels. Centennial's evaluation of the forgoing Denver Basin ground water decrees and the Original Application revealed that: (1) Denver Basin ground water rights underlying a portion of the Applicant’s contiguous property, totaling approximately 46.50 acres (“Northeast Jackson Creek Parcel”), was omitted from the previously-filed applications for ground water rights; (2) neither of the decrees in Case Nos. 97CW76 and 99CW196 adjudicated the underlying ground water in the Lower Dawson aquifer; and (3) there were inconsistencies in decree terms. Accordingly, in addition to the Original Application, this First Amended and Restated Application ("Amended Application") seeks to: (1) adjudicate the Denver Basin ground water underlying the Northeast Jackson Creek Parcel; (2) adjudicate the ground water in the Lower Dawson aquifer underlying the Jackson Creek and Sinclaire Parcels; (3) clarify the use of the subject adjudicated ground water; (4) waive the 600-foot well setback on all internal wells in Case No. 97CW76; and (5) permit use of the ground water adjudicated in Case No. 97CW76 on all of the Applicant’s property – Jackson Creek, Sinclaire, Morrow, and Northeast Jackson Creek Parcels – collectively referred to as “Applicant’s Property." 2. Ownership and Legal Description of Applicant's Property. Applicant is the owner of all Applicant's Property, as identified below, together with the underlying Denver Basin ground water which is the subject of this Application and Case Nos. 97CW76 and 99CW196. 2.1 Morrow Parcel: The Morrow Parcel contains approximately 105 acres of land located in Sections 16, 17, 20, and 21, Township 8 South, Range 68 West of the 6th P.M., as shown on Figure 1 and more particularly described in the Original Application’s Exhibit A. 2.2 Jackson Creek Parcel: The Jackson Creek Parcel contains approximately 1,320 acres of land located in Sections 20, 21, 22, 27, 28, and 29, Township 8 South, Range 68 West of the 6th P.M., as shown on Figure 1 and more particularly described in Attachment A of the decree in Case No. 97CW76. 2.3 Sinclaire Parcel: The Sinclaire Parcel contains approximately 919 acres of land in Sections 27, 28, and 33, Township 8 South, Range 68 West of the 6th P.M., as shown on Figure 1 and more particularly described in Attachment A of the decree in Case No. 99CW196. 2.4

Northeast Jackson Creek Parcel: The Northeast Jackson Creek Parcel contains approximately 46.50 acres of land located in Sections 21 and 22, Township 8 South, Range 68 West of the 6th P.M., as shown on Figure 1 and more particularly described in Exhibit B. A portion of this Parcel contains West Jackson Creek Road, which is a prescriptive road, and the County has been notified pursuant to C.R.S. § 37-92-302(2)(b)(I). 3. Description of Aquifers and Well Locations. The Applicant seeks a determination of its right to withdraw ground water from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Morrow and Northeast Jackson Creek Parcels, which are approximately 105 and 46.50 acres of land, respectively. The ground water underlying the Morrow and Northeast Jackson Creek Parcels in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is "not nontributary ground water" and subject to the provisions of C.R.S. § 37-90-137(9)(c). Note that the Lower Dawson aquifer exists under only approximately 56 acres of the Morrow Parcel, but underlies all of the Northeast Jackson Creek Parcel, as shown on Figure 3. The Applicant seeks a determination of its right to withdraw ground water from the Lower Dawson aquifer underlying portions of the Jackson Creek and Sinclaire Parcels. The water underlying the Jackson Creek and Sinclaire Parcels in the Lower Dawson aquifer is "not nontributary ground water" and subject to the provisions of C.R.S. § 37-90-137(9)(c). The Lower Dawson aquifer is available under approximately 509 acres of the Jackson Creek Parcel and 328 acres of the Sinclaire Parcel as shown on Figure 3. Applicant will make no use of the ground water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers decreed in this case prior to the issuance of a judicially-approved plan for augmentation, as required by C.R.S. § 37-90-137(9)(c). Applicant seeks the right to locate wells to withdraw ground water from these aquifers anywhere on the Applicant's Property, subject to the 600-foot spacing requirement with respect to wells constructed on adjoining lands not owned by the Applicant. See Rule 11(C), Statewide Nontributary Ground Water Rules, 2 C.C.R. 402-7. The Applicant waives any 600-foot spacing rule for any of its own wells located anywhere on Applicant's Property. 4. Amount Claimed: Applicant claims the right to withdraw all of the ground water legally available within the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Applicant’s Property, over the statutorily-established 100-year life of the aquifers as set forth in C.R.S. § 37-90-137(4) and to withdraw said amounts at whatever rate is required in order to produce water in the amounts and rates of flow needed. Applicant requests that a nominal production rate of 250 g.p.m. be established for each new well drilled into the Lower Dawson aquifer, 500 g.p.m. be established for each new well drilled into the Denver aquifer, 1,000 g.p.m. be established for each new well drilled into the Arapahoe aquifer, and 400 g.p.m. be established for each new well drilled into the Laramie-Fox Hill aquifers. The actual production rates may exceed these amounts in order to produce the total annual amount of ground water. The estimated average annual amounts of ground water available for withdrawal from the subject aquifers, based upon the Denver Basin Rules, 2 C.C.R. 402-6, are as follows: Morrow Parcel (105 Acres) The legal status of the water, the aquifer, area in acres, average specific yield, average saturated thickness, and estimated annual amount of withdrawal for each aquifer is: Not nontributary Lower Dawson, 56 acres, 20%, 100 feet, 11.2 acre-feet per year; Not nontributary Denver, 89 acres, 17%, 200 feet, 30.3 acre-feet per year; Not nontributary Arapahoe, 91 acres, 17%, 200 feet, 23.2 acre-feet per year; and Not nontributary Laramie-Fox Hills, 91 acres, 15%, 170 feet, 23.2 acre-feet per year. Northeast Jackson Creek Parcel (46.5 Acres). The legal status of the water, the aquifer, area in acres, average specific yield, average saturated thickness, and estimated annual amount of withdrawal for each aquifer is: Not nontributary Lower Dawson, 46.5 acres, 20%, 100 feet, 9.3 acre-feet per year; Not nontributary Denver, 46.5 acres, 17%, 153.5 feet, 12.13 acre-feet per year; Not nontributary Arapahoe, 46.5 acres, 17%, 265.2 feet, 20.96 acre-feet per year; and Not nontributary Laramie-Fox Hills, 46.5 acres, 15%, 179.5 feet, 12.52 acre-feet per year. Lower Dawson for the Jackson Creek (1,320 Acres) The legal status of the water, area in acres, average specific yield, average saturated thickness, and estimated annual amount of withdrawal for each

aquifer is: Not nontributary, 509 acres, 20%, 100 feet, 101.80 acre-feet per year. Lower Dawson for the Sinclaire (919 Acres) Parcels The legal status of the water, area in acres, average specific yield, average saturated thickness, and estimated annual amount of withdrawal for each aquifer is: Not nontributary, 328 acres, 20%, 100 feet, 65.60 acre-feet per year. Applicant requests the court to determine that the allowed annual amount of withdrawals may exceed the average annual amount of withdrawal of water as long as the total volume of water withdrawn from the wells does not exceed the product of the number of years since the date or dates of issuance of any well permit or the date of the decree entered in this case, whichever comes first, times the allowed average annual amount of withdrawal, as provided for by Rule 8(A), 2 C.C.R. 402-7. The water judge shall retain jurisdiction over this matter to provide for the adjustment of the annual amount of withdrawal allowed to conform to actual local aquifer characteristics (upward or downward) from adequate information obtained from well drilling or test holes. See C.R.S. § 37-92-305(11). 5. Wells. Wells that will withdraw the ground water sought to be decreed by this Application have not yet been constructed, nor have applications for well permits been filed. Prior to constructing any wells to withdraw the subject ground water, Applicant will apply to the State Engineer for a permit to construct those wells, and the Applicant requests that the court require, as a condition of the decree entered in this case, that well permits be issued upon application for any such wells in accordance with said decree. 6. Well Field: Applicant requests that the court determine that the Applicant has the right to withdraw all of the legally available ground water underlying the Morrow and Northeast Jackson Creek Parcel through wells to be constructed on these parcels and on all of the Applicant’s Property, or from contiguous or nearby properties as authorized by the State Engineer, and that any wells constructed in the same aquifer may be utilized as a well field as authorized by Rule 14, 2 C.C.R. 402-7, with respect to any wells drilled within the same aquifer as described herein. 7. Proposed Use: The ground water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers that is the subject of this Amended Application will be used, reused, successively used, leased, sold and otherwise disposed of for domestic, industrial, commercial, fire protection, irrigation, livestock watering, recreation, fish and wildlife preservation and propagation, augmentation, replacement, exchange and all other beneficial uses either on or off the Applicant’s Property. Said water will be produced for immediate application to beneficial use, for storage and subsequent application and beneficial use including, but not limited to, storage in the reservoirs decreed in Case Nos. 97CW193 (04CW214) and 98CW471, and pending consolidated Case Nos. 00CW018, 00CW111 and 00CW129, for exchange purposes, for replacement of depletions and all other augmentation purposes including taking credit for all return flows resulting from the use of said water. Applicant claims the right to use, reuse to extinction and/or to take return flow credit for all of the subject ground water, subject to the provisions of Rule 8, 2 C.C.R. 402-6. CHANGE IN WATER RIGHTS DECREED IN CASE NO. 97CW76. The Applicant seeks only the following changes to its decree in Case No. 97CW76. All other portions of said decree remain unchanged. 8. Applicant’s Waiver of Well Setback Requirement. The Applicant's full annual acre-foot entitlement to the Denver Basin ground water underlying the Jackson Creek Parcel may be produced through any combination of the wells constructed anywhere on the Applicant’s Property into each formation, subject to the 600-foot spacing rule provided in Rule 11(C), 2 C.C.R. 402-7. The Applicant waives any 600-foot spacing requirement for any of its own wells located anywhere on the Applicant's Property. 9. Place of Use. The Applicant may use the ground water adjudicated in Case No. 97CW76 either on or off the Applicant’s Property. 10. Well Field: Applicant requests that the court determine that the Applicant has the right to withdraw all of the legally available ground water underlying the Jackson Creek Parcel through wells to be constructed anywhere on the Applicant's Property, or from contiguous or nearby properties as authorized by the State Engineer, and that any wells constructed in the same aquifer may be utilized as a well field as authorized by Rule 14, 2 C.C.R. 402-7, with respect to any wells drilled within the same aquifer as described herein. CHANGE IN WATER RIGHTS DECREED IN

CASE NO. 99CW196 The Applicant seeks only the following changes to its decree in Case No. 99CW196. All other portions of said decree remain unchanged. 11. Well Field: Applicant requests that the court determine that the Applicant has the right to withdraw all of the legally available ground water underlying the Sinclaire Parcel through wells to be constructed anywhere on the Applicant's Property, or from contiguous or nearby properties as authorized by the State Engineer, and that any wells constructed in the same aquifer may be utilized as a well field as authorized by Rule 14, 2 C.C.R. 402-7, with respect to any wells drilled within the same aquifer as described herein. WHEREFORE, the Applicant respectfully requests the court to enter a decree approving the Application and granting the claimed water rights, and specifically determining that: A. The Applicant is lawfully entitled to a decreed right to withdraw ground water in the amounts requested in this Application; the subject rights shall not be administered in accordance with the doctrine of prior appropriation; and vested water rights of others will not be materially injured by such withdrawals. B. The Applicant's full annual acre-foot entitlement to the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Morrow and Northeast Jackson Creek Parcels may be produced through any combination of the wells constructed anywhere on the Applicant's Property into each formation, subject to the 600-foot spacing rule provided in Rule 11(C), 2 C.C.R. 402-7 as to any wells on neighboring properties, unless waived, and on other properties contiguous or proximate to the Applicant's Property as authorized by the State Engineer, and operate as a well field. C. The Applicant's full annual acre-foot entitlement to the Lower Dawson aquifer underlying the Jackson Creek and Sinclaire Parcels may be produced through any combination of the wells constructed anywhere on the Applicant's Property into the Lower Dawson formation, subject to the 600-foot spacing rule provided in Rule 11(C), 2 C.C.R. 402-7 as to any wells on neighboring properties, unless waived, and on other properties contiguous or proximate to the Applicant's Property as authorized by the State Engineer, and operate as a well field. D. Applicant may exceed the nominal pumping rate specified in this Application in order to produce said full acre-foot entitlement. Applicant may construct said wells to withdraw the ground water claimed herein without the necessity of filing any further amendments to this Application, republishing the Application, or reopening the decree. E. The Applicant need not publish a new application or republish this Application in order to invoke the court's retained jurisdiction to adjust the volumes of ground water decreed in this case based on site specific data. F. The Applicant may bank the ground water decreed herein in accordance with Rule 8(A), 2 C.C.R. 402-7. G. The Applicant has the right to construct additional, supplemental, or replacement wells as are necessary in order to maintain production levels in each formation without publishing additional notice or filing any additional pleading with the court. H. The State Engineer shall grant well permits for the exercise of the subject rights upon application by the Applicant and for any additional, supplemental or replacement wells required in order to maintain production levels in each formation. I. The Applicant may withdraw its interest in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Applicant's Property from wells located anywhere on the Applicant's Property. 04CW179 22 RANCH, L.P, c/o Thomas William Gill, 15335 U.S. Hwy 6, Merino, CO 80741(c/o Harvey W. Curtis, Esq., 8310 South Valley Highway, #230, Englewood, Colorado 80112, (303) 292-1144. SECOND AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF A PLAN FOR AUGMENTATION IN MORGAN, WELD AND WASHINGTON COUNTIES. 2. Additional Five Shares in Morgan-Prewitt Reservoir Company. By this second amended application, the decreed water rights in Riverside Reservoir and Land Company owned by Applicant pursuant to his ownership of twenty (20) shares in the Riverside Reservoir and Land Company are removed from this application. Applicant has traded said twenty shares for an additional five (5) shares in the Morgan-Prewitt Reservoir Company as evidenced by the share certificates attached hereto as Exhibit A. Applicant seeks to change the decreed water rights in Prewitt Reservoir owned by

Applicant pursuant to his ownership of the five (5) new shares. Five shares were previously in the application, so there will now be a total of ten (10) shares in the change of water rights case and in the plan for augmentation. 3. REQUEST FOR CHANGE OF WATER RIGHTS. 3.a. Water rights for which change is being sought. Applicant seeks a change of decreed water rights in Prewitt Reservoir owned by Applicant pursuant to its ownership of ten total shares in the Morgan-Prewitt Reservoir Company. Those water rights are more specifically described as follows:

Company Rights or Shares Owned

Total Shares in Company

Yield per right or share

(acre-feet)

Total (acre-feet)

Morgan-Prewitt 10 shares 261 16 160 3.a.i. Prewitt Reservoir. The ownership of ten (10) Morgan-Prewitt Reservoir Company shares entitles the Applicant to delivery of water from the Prewitt Reservoir. The Prewitt Reservoir water rights were decreed for diversion out of the South Platte River pursuant to the following decrees in Weld County District Court: Case No. Priority No. Adjudication Date Appropriation Date Amount (Acre-feet) 2142 75A 1-15-1914 5-15-1910 32,300 16704 75R 10-18-1965 12-31-1929 34,960 3.a.i.(A) Decreed Point of Diversion: The headgate of the Prewitt Inlet Canal is 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. Prewitt Reservoir is located in Section 2, Township 5 North, Range 54 West of the 6th P.M., Washington and Logan Counties, Colorado. 3.a.i.(B) Source: South Platte River. 3.a.i.(C) Historic Use: Applicant owns ten (10) shares of the Morgan-Prewitt Reservoir Company. The Morgan-Prewitt Reservoir Company is the owner of 6/31ths of the water rights decreed to Prewitt Reservoir. Prewitt Reservoir water available to the Morgan Prewitt Reservoir Company was adjudicated in Case No. W-1469 for irrigation purposes on approximately 340.0 acres of land in Washington County. Applicant has obtained the five (5) additional shares in the Morgan-Prewitt Reservoir Company represented by share certificate no. 429 from Riverside Irrigation District. The five shares were historically used by exchange for irrigation within the 22,457 acres comprising the District. 3.a.i.(D) Use or Proposed Use: Applicant requests that the subject water rights be changed for use in the plan for augmentation described in this Application, as amended, and for domestic, industrial, commercial, augmentation, irrigation, stock watering, recreation, fish and wildlife purposes, fire protection, and all other beneficial uses. The water will be used for immediate application to beneficial use, for substitution and exchange, replacement of depletions, recharge of the aquifer and augmentation purposes that occur from pumping of the well owned by Applicant, described below. Replacements will be made to the South Platte River by release of available water from the foregoing water rights. When replacement water is not available from the sources described in this application, Applicant will cease pumping of the subject well. 3.a.i.(E) Name(s) and address(es) of owner(s) of land on which structure is or will be located, and upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Morgan-Prewitt Reservoir Company, P.O. Box 103, Sterling, CO 80751, as to the ownership of the Prewitt Inlet Canal and Prewitt Reservoir. Applicant, as to the ownership of lands upon which the water will be used or used for augmentation. 4. REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION. 4.a. Name and location of structure to be augmented: Well Permit No. RF 727, decreed in Case No. W-1469 for 8.11 c.f.s., located in the SE1/4 NW1/4 of Section

16, Township 5 North and Range 54 West of the 6th P.M., and located as shown on attached Exhibit B. The wells shown as nos. 6966, 8383, and 6563 on Exhibit 1 are no longer part of this application and will be augmented under the plan of augmentation pending in Case No. 07CW300. 4.b. Other water rights diverted from the Well: 4.b.i. Case No. W-4298. The well listed in 4.a., above was decreed as an alternate point of diversion for the following appropriations decreed to the Johnson and Edwards Ditch: 4.b.i.(A) Priority No. 5: Dated June 1, 1872 for 15 c.f.s. 4.b.i.(B) Priority No. 29: Dated April 10, 1888 for 48 c.f.s. 4.b.ii. Case No. W-2969. Well Permit No. RF 727 was included in this augmentation plan and is to be augmented with the following appropriations decreed to the Lower Platte and Beaver Canal Company: 4.b.ii.(A) Priority No. 22: Dated September 4, 1882 for 38 c.f.s. 4.b.ii.(B) Priority No. 38: Dated April 15, 1888 for 284 c.f.s. 4.c. Water rights to be used for augmentation: 4.c.i. Prewitt Reservoir: All decrees were entered in Weld County District Court. Applicant is claiming its proportionate right to the following water rights associated with the Prewitt Reservoir: 4.c.i.(A) Case No. 2142, Priority No. 75A, for 32,300 acre-feet. 4.c.i.(B) Case No. 16704, Priority No. 75R, for 34,960 acre-feet. 4.c.ii. Johnson and Edwards Ditch Company: Pursuant to its ownership of 210 Class A shares in the Johnson and Edwards Ditch Company, Applicant is claiming its proportionate share of the recharge credits that are claimed in the pending application for surface water rights in Case No. 03CW423, Water Division No.1 and 33•% of 70% of Gill Pond accretions in Case No. 03CW423. 4.c.iii. Lower Platte and Beaver Canal Company: Pursuant to its ownership of 16 shares in the Lower Platte and Beaver Canal Company, Applicant is claiming a proportionate share of the recharge credits that are claimed in the pending application for conditional water rights, change of water rights, appropriative right of exchange, and for approval of a plan for augmentation in Case No. 03CW443, Water Division No.1. 4.c.iv. Proposed Augmentation Well No. RF 727: Case No. W-1469, decreed for Well No. RF727 for the irrigation of 340 acres of land. Applicant will file a second well permit application requesting the addition of augmentation use for Well No. RF 727. 4.c.v. South Platte Ditch Company/South Platte Ditch Well Users, Inc.: Applicant has or may lease water associated with Case Nos. W-7839 and 04CW110, Water Division No. 1. 4.c.vi. Augmentation water available from any other source legally available for augmentation and which can be provided in the amount, at the time and at the location required for augmentation. 4.d. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. Sections 37-92-103(9), 302(1),(2) and 305(8): Applicant proposes to replace out-of-priority stream depletions due to the pumping of the subject well, Well No. RF 727, including post pumping depletions caused by the pumping of the subject well since 1974, by using its proportionate shares of recharge credits from Cases Nos. 88CW239, 88CW264, 89CW27, 03CW423 and 03CW443, from use of Well No. RF 727 as an augmentation well under the decree to be entered herein, from Applicant’s ownership of 10 shares in the Morgan-Prewitt Reservoir Company, and any interest in the South Platte Ditch Well Users, Inc.’s water rights which may be leased or purchased by Applicant. Applicant will only utilize Well No. RF 727 for augmentation purposes when the recharge accretions and delivery of reservoir water are insufficient to replace out-of-priority stream depletions. Depletions will be calculated on a monthly basis and Applicant will replace all depletions, including post-pumping depletions, in time, location and amount. In years when the augmentation water available is not needed to replace out-of-priority stream depletions due to the pumping of Well No. RF 727, by this amended application, Applicant seeks the right to utilize said water for recharge of the alluvial aquifer underlying 22 Ranch, located in parts of the E1/2 of Section 10, parts of the S/2 of the N/2 of SW/4 of Section 10, parts of the S1/2 of SW1/4 of Section 10, parts of the NW1/4 of Section15, plus state lease land occupying part of the NE1/4 of Section 16, all in Township 5 North, Range 54 West of the 6th PM. in Washington County, Colorado. Beginning in 2004, the amount of water withdrawn through the subject well was measured with flow meters. For determining pumping volumes in years prior to 2004, Applicant proposes to use actual pumping records to the extent available and, where actual pumping records are not available, estimates of

pumping derived from analysis of crop demand and available surface water supply. Applicant proposes to determine the volume of stream depletions resulting from use of the subject well using consumptive use factors of 55% for flood irrigation use, 80% for sprinkler irrigation use, and 100% for augmentation use. Irrigation use and augmentation use will be separately measured. Lagged stream depletions resulting from well operations will be calculated using analytical equations by Glover (Glover 1977) and others. The proposed method is a parallel “no flow” boundary which requires four parameters for the well. The first is the width of the aquifer on the side of the river where the well is located (W), the distance from the river to the well location (X), the transmissivity of the aquifer between the well and the river (T), and the specific yield (S) which is assumed to be 20%. The values for the well can be found in the table below. The Colorado State University Integrated Decision Support Alluvial water Accounting Systems (IDS AWAS) model will be used in the calculation of the stream depletion. Reg. No.

Legal Location

Acres Decree Rate of Pumping (cfs)

X (ft) W (ft) T (GPD/FT)

S

RF 727 SE1/4 NW1/4 of 16-5N-54W

276 W-1469 8.11 4,646 21,340 400,000 20%

5. Name(s) and address(es) of owner(s) of land on which structure is or will be located, and upon which water is or will be stored, or upon which water is or will be placed to beneficial use: 5.a. Prewitt Reservoir: Morgan Prewitt Reservoir Company, P.O. Box 103, Sterling, CO 80751. 5.b. Johnson and Edwards Ditch: Johnson and Edwards Ditch Company, c/o Tom Gill, 15335 U.S. Highway 6, Merino, CO 80741. 5.c. Lower Platte and Beaver Canal: Lower Platte and Beaver Canal Company, c/o Robert Tuck, P.O. Box 190, Hillrose, CO 80733. 5.d. Well Permit No. RF 727: Applicant. WHEREFORE, Applicant respectfully asks that the Court enter a decree approving this Second Amended Application, approving the change of water rights, including water storage rights, and approving the proposed plan of augmentation, specifically determining that the sources and locations of delivery of augmentation water are sufficient to eliminate material injury to vested water rights, and grant such other relief as it may deem proper in the premises. (8 pages-3 pages for Exhibits). 05CW23 THE CITY OF STERLING, Colorado, c/o Joseph D. Kiolbasa, City Manager, P. O. Box 4000, Sterling, Colorado, 80751, 970-522-9700. First Amended Application For Water Rights And Approval of Plan for Augmentation IN LOGAN, WASHINGTON AND MORGAN COUNTIES. David F. Jankowski, Alan E. Curtis, White & Jankowski, LLP, 511 Sixteenth Street, #500, Denver, Colorado 80202, 303-595-9441. The Application filed with the Court on February 7, 2005 (“Original Application”). (“Original Application”) is hereby amended by as follows: 1. Irrigation use is added to the claimed uses for the Sterling Ethanol Well Nos. 1 and 2, and paragraph 4.e. of the Original Application is amended to read as follows: Uses: Irrigation and all municipal uses, including, but not limited to, domestic, manufacturing, industrial, cooling, commercial, and fire protection. Sterling may divert, store and use the water directly, by and for exchange, augmentation, substitution, replacement or otherwise, as may be appropriate to maximize its lawful use. 2. Paragraph 5.d.ii. of the Original Application is amended to read as follows: The purpose of the Ethanol Wells 1 and 2 is to provide for the processing and manufacturing water needed for the construction and operation of an ethanol distillery. Water that is not consumed by the ethanol distillery operations may be discharged into a holding pond constructed by the ethanol distillery and then delivered for irrigation use into the Low Line Ditch immediately below the headgate of the Low Line Ditch. The headgate of the Low Line Ditch is located in the NE1/4 of Section 33, T8N, R52W of the 6th PM, Logan County

Colorado. Sterling does not claim credit for return flows to the South Platte River resulting from this operation. Sterling will replace 100% of the water pumped by the Ethanol Wells 1 and 2 and the resulting depletions to the South Platte River in connection with this operation. In the alternative, water that is not consumed by the ethanol distillery operations may be discharged into the holding pond and then delivered to Sterling’s wastewater treatment plant before being discharged to the South Platte River via the outfall of Sterling’s wastewater treatment plant in accordance with any permits that may be obtained allowing such discharge. The outfall of Sterling’s wastewater treatment plant is located in the NW1/4 of the SE1/4 of Section 12, T8N, R52W of the 6th PM, Logan County Colorado, at a point approximately 1650 feet North and 1535 feet West of the Southeast corner of said section. Sterling claims credit for return flows discharged from the wastewater treatment plant in connection with this operation. 3. Any and all statements of opposition previously filed in this matter shall apply to the amendment to the original application sought herein without the need for filing additional statements of opposition. 4. Any issues concerning relation back of the amendment to the Original Application shall be preserved for trial. (3 pages) 06CW279 Sublette Inc. c/o Rick Sandquist P.O. Box 21, Orchard, CO 80649, Business Phone: 970-645-2471 2. AMENDMENT TO APPLICATION FOR EXCHANGE AND CHANGE OF WATER RIGHTS IN WELD AND MORGAN COUNTIES. Summary of Amendments: a. The original application filed in this case contained claims for i. A conditional appropriative right of exchange to recapture surplus augmentation credits; and ii. Changes of water rights, including the addition of augmentation sources to the augmentation plan decreed in Case No. 89CW27 ("Sublette Plan") b. The purpose of this amendment is to: i. Add a new appropriative right of exchange; ii. Identify an additional point of diversion as an exchange-to point for the exchanges claimed in the original application and this amendment; and iii. Add additional augmentation sources to the Sublette Plan. Except as described herein, this amendment does not otherwise change the claims filed in the original application, and those claims remain. This amendment does not seek approval of a new augmentation plan, and does not seek to reopen the Sublette Plan. 3. Conditional Appropriative Right of Exchange: a. Name of Water Right: Sublette Exchange Enlargement b. Legal Description of Exchange Reach and Structures: i. The original application claimed a right of exchange with a downstream terminus at the Weldon Valley Ditch Headgate, located in the NE1/4 SW1/4 of Section 13, T4N, R61W, 6th P.M., and an upstream terminus and exchange-to point at the Riverside Canal Headgate, located on the north bank of the South Platte River in the SW1/4 SW1/4 of Section 20, T5N, R63W, 6th P.M. (the "Sublette Augmentation Credit Exchange"). Included within this exchange reach is a second exchange-to point, the Rothe Pumping Station, located in the NW1/4 NW1/4 of Section 23, T4N, R61W, 6th P.M. The purpose of the Sublette Augmentation Credit Exchange is to exchange surplus augmentation credits available from the recharge operations under the Sublette Plan, and other surplus augmentation credits available within the claimed exchange reach, up to the two claimed exchange-to points for delivery into the Sublette system for use as described in the Sublette Plan. ii. The new Sublette Exchange Enlargement claimed by this amendment will have the same upstream terminus and exchange-to point as the Sublette Augmentation Credit Exchange, but will have a downstream terminus at the confluence of Antelope Draw and the South Platte River, located in the SE1/4 NE1/4 of Section 5, T4N, R55W, 6th P.M. Included within this exchange reach will be other exchange-to points, which will be either the Rothe Pumping Station described in Paragraph 3.b.i., or the additional point of diversion described in Paragraph 4. c. Source: South Platte River, including surplus augmentation credits owned by, leased by, or otherwise available to Sublette or the other applicants in Case No. 89CW27 that accrue to the South Platte River within the reach for the Sublette Exchange Enlargement. d. Date of Appropriation: December 24, 2008. This conditional water right was initiated by corporate resolution forming and expressing intent to appropriate, posting signs at the appropriate locations, and publishing notice in the

Greeley Tribune and Fort Morgan Times. e. Amount Claimed: 9.0 c.f.s., CONDITIONAL f. Proposed Uses: The water that provides the substitute supply for the Sublette Exchange Enlargement will be used for the uses described in the Sublette Plan. g. Names and Addresses of Owners or Reputed Owners of the Land Upon Which Any New Diversion or Storage Structure, or Modification to Any Existing Diversion or Storage Structure is or Will be Constructed or Upon Which Water is or Will be Stored, Including Any Modification to the Existing Storage Pool: i. The Rothe Pumping Station and delivery pipeline are currently owned by the Rothe Family. These structures, and the additional point of diversion described in Paragraph 4, are located on land owned by Sublette Inc. ("Sublette"). ii. All other land upon which the exchanged water will be diverted or stored is owned by either Sublette, shareholders in Sublette, or Riverside Reservoir and Land Company and Riverside Irrigation District. Riverside’s address is: Riverside Irrigation District and Riverside Reservoir and Land Company, 221 E. Kiowa Street, Fort Morgan, CO 80701, Telephone: (970) 867-6586 4. Additional Point of Diversion for Sublette Exchanges: a. The Sublette Augmentation Credit Exchange and the Sublette Exchange Enlargement include the Rothe Pumping Station as an exchange-to point. This structure is currently permitted under Permit No. 59901-F as a headgate well. To the extent that this structure cannot be operated as a headgate well, Sublette plans to extend the delivery pipeline to the South Platte River to create a surface water point of diversion (the "Sublette Pipeline Headgate"). This headgate will be located within 200 feet of the Rothe Pumping Station, and would be used in both the Sublette Augmentation Credit Exchange and the Sublette Exchange Enlargement in place of the Rothe Pumping Station as an exchange-to point. b. If constructed, the legal description for the Sublette Pipeline Headgate would be a point on the north bank of the South Platte River in the NW1/4 NW1/4 of Section 23, T4N, R61W, 6th P.M. 5. Additional Augmentation Sources for the Sublette Plan: a. The original application sought to add the following augmentation sources to the Sublette Plan: i. Changed Riverside Private Rights; ii. Changed East Rumsey and East Quail Creek Springs water rights; and iii. Augmentation credits available to Sublette based on its ownership of Riverside Private Rights. These sources remain in the application. b. This amendment seeks to add as augmentation sources for the Sublette Plan, by either direct use or by exchange and subsequent use as described in the Sublette Plan, any surplus augmentation credits owned by, leased by, or otherwise available to Sublette or the other applicants in Case No. 89CW27, including those surplus augmentation credits that accrue to the South Platte River within the claimed exchange reaches for either the Sublette Augmentation Credit Exchange or the Sublette Exchange Enlargement. Such surplus augmentation credits and other augmentation sources shall be used for the purposes described in the Sublette Plan. WHEREFORE, Sublette seeks approval of a decree that authorizes the claims in the original application filed in this case and those claims added by this amendment. 2 pages.

07CW300. Logan Well Users, Inc., P.O. Box 1172, Sterling, Colorado, 80751, (970)580-3832. C/O Lind, Lawrence & Ottenhoff LLP, 300 Eastman Park Drive, #200, Windsor, CO, 80550. AMENDMENT TO APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION FOR WATER RIGHTS AND CHANGE OF WATER RIGHTS in LOGAN, MORGAN & WASHINGTON COUNTIES. Amendment of Application for Augmentation Plan. 2. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 03CW195. 49.6 of the decree in Case No. 03CW195 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. Applicant filed the Application herein on December 20, 2007. By this Amendment Applicant seeks to add one addition member well to the Augmentation Plan pursuant to 49.6 and add two recharge wells pursuant to 50.1 of the Decree for recharge in five new recharge sites. All other claims in the Application remain as stated except as amended herein. 2.1. Description of the Plan. The well to be added to the plan, hereinafter “Well” is set out in Table 1 below and is located on the map attached hereto. The consumptive use factors set out in 52.3.4 and 52.3.5 of the Decree and the methods for

determining depletions from past and future pumping set out in 52.2 and 52.3 will be used. Out of priority depletions from use of the Well that have occurred prior to the date the court allows the Well to be added to the plan will be replaced by Applicant. Out of priority depletions from use of the Well that may occur after the court decree adding the Well to the plan, whether or not the depletions result from pumping before or after the date the court allows the Well to be added to the plan, will be replaced by the Applicant.Table 1.

Logan Well User Member Well to be Added to Plan

Well Location Aquifer Parameters

Well Name Permit WDID Case Qtr/Qtr Sec Twp Rng W X Harm T

431 Jalonna Foxhoven 125970 6406832 - SENE 35 08N 53W 16,813 8,218 133,300

2.2.Water Rights to be used for Augmentation. The Recharge Wells and recharge ponds described in 4 are additional sources of replacement water. Amendment of Application for Water Rights. 3. Applicant seeks to adjudicate the following additional water rights on behalf of and with the consent of the owners of the structures. 3.1. Name of Structure. Foxhoven Well. 3.1.1. Owner. Jalonna Foxhoven, 12449 C.R. 35, Sterling, Colorado 80751. 3.1.2. Location. In the SE1/4 NE1/4 of Section 35, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 2400 feet from the north section line and 200 feet from the east section line on Lot 9, Block 1, Columbine Acres, First Filing, Sterling, Colorado. 3.1.3. Appropriation date. June 18, 1982. 3.1.4. Amount claimed. 15 g.p.m., absolute. 3.1.5. Source.Groundwater tributary to the South Platte River. 3.1.6. Use.Domestic use and lawn irrigation of Lot 9, Block 1, Columbine Acres, First Filing, Sterling, Colorado. 3.2. Name of Structure. McAtee Riverside Pit (LWU ID 429). 3.2.1. Owner. McAtee Construction Company, 220 Edwards Avenue, Sterling, Colorado 80751. 3.2.2. Location. In the SE1/4 SE1/4 of Section 28, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. 3.2.3. Appropriation date. December 22, 2008. 3.2.4. Amount claimed. 120 acre-feet. 3.2.5. Source. Groundwater tributary to the South Platte River. 3.2.6. Use. Gravel pit evaporation and water removed during mining. Amendment of Application to Add Recharge Project. 4. Applicant seeks to add a recharge project consisting of two recharge wells and five recharge sites for use in the plan for augmentation decreed in Case No. 03CW195. The recharge wells will be operated in accordance with the terms and conditions of 27 of the Decree. 4.1. Name of Structure. Dune Ridge State Wildlife Area Recharge Project (DRWARP). 4.1.1. Diversion. Dune Ridge SWA Well No. 1 (R-17) (a/k/a LWU ID 228). 4.1.1.1. Location. In the SE1/4 SW1/4 Section 19, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 15 feet from the South section line and 1420 feet from the West section line, said Section 19. 4.1.1.2. WDID. 6405848. 4.1.1.3. Appropriation date. December 22, 2008. 4.1.1.4. Amount claimed. 2000 g.p.m.,conditional. 4.1.1.5. Source. Groundwater tributary to the South Platte River. 4.1.1.6. Use. Recharge for augmentation of water rights used for irrigation, municipal, commercial, livestock, fire protection under the Logan Augmentation Plan, Case No. 03CW195 and wildlife habitat, wildlife water and any other beneficial use consistent with the intended purposes of creating additional habitat for wildlife and waterfowl. 4.1.1.7. Glover Parameters. W = 9,632; X=2382; Harmonic T = 376,700; S=0.2. 4.1.2. Diversion. Dune Ridge SWA Well No. 2 (R-18). 4.1.2.1. Location. In the NW1/4 SW1/4 Section 19, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 2474 feet from the South section line and 805 feet from the West section line, said Section 19. 4.1.2.2. WDID. None. 4.1.2.3. Appropriation date. December 22, 2008. 4.1.2.4. Amount claimed. 2500 g.p.m., conditional. 4.1.2.5. Source. Groundwater tributary to the South Platte River. 4.1.2.6. Use. Recharge for augmentation of water rights used for irrigation, municipal, commercial, livestock, fire protection under the Logan Augmentation Plan, Case No. 03CW195 and wildlife habitat, wildlife water and any other beneficial use consistent with the intended purposes of creating additional habitat for wildlife and waterfowl. 4.1.2.7. Applicant proposes to

use Unit Replacement Factors (URFs) for this well based on URFs from Exhibit 1 attached to the Corrected Order in Case No. 03CW195 dated October 9, 2008. The URFs for this well were developed by interpolating between the URFs on Exhibit 1 to the Corrected Order, where X = 100 feet, and are set out below in Table 3. 4.2. Description of Recharge. Water diverted at the points described in 4.1.1 and 4.1.2 and is delivered to the DRWARP and is allowed to percolate into the underground aquifer for Applicant's stated beneficial uses. The initial recharge sites are described in Table 2, below. These sites may be modified and other sites added as long as the source of water is from the same diversion points described above, Applicant provides notice to the objectors and the Division Engineer, pursuant to 20 of the Decree, and the Division Engineer approves modification of the existing site or use of the new site.

Table 2

5.Amendment to SIC B1 Well 19533-F (R-16). ¶4.1.7 of the Application is amended. Applicant

proposes to use Unit Replacement Factors (URFs) for this well based on URFs from Exhibit 1 attached to the Corrected Order in Case No. 03CW195 dated October 9, 2008. The URFs for this well were developed by interpolating between the URFs on Exhibit 1 to the Corrected Order, where X = 492 feet, and are set out below in Table 3.

Table 3

Site Location Aquifer Parameters LWU ID

No. SITE NAME QUARTER SEC TWN RGE W X Harm T Capacity,

a.f. Surface

Area, a.f.

S-70 S-70 Dune Ridge SWA No.1 SESW 19 7N 52W 9469 2185 376,700 3.0 2.0

S-71 S-71 Dune Ridge SWA No.2 SESW 19 7N 52W 9232 2003 388,400 2.7 1.7

S-72 S-72 Dune Ridge SWA No.3 SESW 19 7N 52W 8922 2163 375,300 2.8 1.8

S-73 S-73 Dune Ridge SWA No.4 NESE 19 7N 52W 8667 2204 365,000 2.5 1.5

S-74 S-74 Dune Ridge SWA No.5 SWSW 19 7N 52W 9499 1207 390,000 6.0 2.3

URFs R-16 R-18 Month Cumulative Unit Cumulative Unit

1 0.721 0.721 0.901 0.901 2 0.872 0.151 0.961 0.060 3 0.910 0.039 0.972 0.011 4 0.930 0.020 0.979 0.007 5 0.943 0.013 0.982 0.003 6 0.953 0.010 0.985 0.003 7 0.961 0.007 0.988 0.003 8 0.967 0.007 0.991 0.003 9 0.972 0.005 0.993 0.002

10 0.976 0.005 0.995 0.002 11 0.980 0.004 0.997 0.002 12 0.983 0.003 0.999 0.002 13 0.987 0.004 1.000 0.001 14 0.990 0.003 15 0.992 0.003 16 0.995 0.003 17 0.997 0.003 18 1.000 0.003

6..Names and Addresses of Owners of the Structures. Foxhoven Well is owned by Jalonna Foxhoven 12449 C.R. 35, Sterling, Colorado 80751. Dune Ridge SWA Wells No. 1 and No. 2 and Dune Ridge SWA Recharge Sites No. 1-5 are owned by the Colorado Division of Wildlife c/o Peter Conovitz, P.O. Box 128, Brush, Colorado 80723. McAtee Riverside Pit (LWU ID 429) is owned by McAtee Construction Company, 220 Edwards Avenue, Sterling, Colorado 80751.

08CW95 HUGHBANKS RANCH, LLC, 4807 PARK LANE, AUSTIN, TX. 78732. AMENDMENT TO APPLICATION FOR WATER RIGHTS (SURFACE) AND UNDERGROUND IN LOGAN COUNTY. Applicant asking the Court to decree the Hughbanks Spring as a “spring well”. An exempt well located in S12, T7N, R55W of the 6th PM for 5 gpm. In addition to the current uses of the spring, Applicant claims all uses allowed under the exempt well statute including ordinary household purposes in up to three single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch and irrigation of not over one acre of home gardens and lawns. Except as stated in this amendment, the original application for the Hughbanks Springs remains unchanged. Pond B and Pond C dimensions. Pond B: 5 feet dam height, pond dimensions, 120 feet by 90 feet; Pond C: 7 feet dam height, pond dimensions, 153 feet by 90 feet. 08CW239 Ball Four, Inc., c/o Larry Gentry, President, 11338 West 74th Place, Arvada, CO 80005, Tel: 303 426-6784. 1. Send copies of pleadings to Douglas M. Sinor and Ema Garcia, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, CO 80203, Tel: 303 861-1963. FIRST AMENDMENT TO APPLICATION FOR SURFACE WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE IN ADAMS, JEFFERSON AND CLEAR CREEK COUNTIES. 2. Name of structure: Ball Four Sump. 3. Legal description of point of diversion: The Ball Four Sump diverts surface water from Little Dry Creek at a point in the SW1/4 SW1/4 of Section 4, Township 3 South, Range 68 West, 6th P.M., 720 feet from the South section line and 465 feet from the West section line, in Adams County, Colorado. 4. Purpose of amendment: Ball Four is negotiating a long-term lease with the City of Golden for augmentation water to replace out-of-priority depletions from the Ball Four Sump. The purpose of this amendment is to change the augmentation sources that are expected to be used in this plan pursuant to the lease with Golden. 5. Augmentation sources: Paragraph 9 of the application is amended to change the sources of water that will be used for augmentation pursuant to the lease that Ball Four is negotiating with Golden. The sources of water to be used for augmentation under this plan are as follows: A. Golden Reservoirs Nos., 1, 2 and 3, located adjacent to the West Fork of Clear Creek in Sections 29 and 30, Township 3 South, Range 74 West of the 6th P.M., portions of which have now been consolidated and constructed as one reservoir (“Guanella Reservoir”). B. Guanella Reservoir was decreed by the District Court in and for Water Division No. 1 in Case No. 82CW469, Water Division 1, November 28, 1985, for a total capacity of 2600 acre-feet with a direct flow component of 60 cfs and an appropriation date of June 8, 1977, as augmented by the decrees of the Water Court in Case Nos. 83CW361, 87CW298 and 02CW379, Water Division 1. 6. All other aspects of the application remain unchanged. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a

verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of February 2009 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $158.00 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.