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TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1: Pursuant to CRS, 37-92-302, you are hereby notified that the following pages comprise a resume of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of June, 2001. 2001CW086 KENELL J. AND ANNE CHERYL TOURYAN, P.O. Box 713, (24266 Navajo Road.) Indian Hills, CO 80454. Application for Underground Water Right, IN JEFFERSON COUNTY. Touryan Well #10703 is located in a part of S7, T5S, R70W, 6th P.M., a/k/a Lot 149, (150) Indian Hills 5th Filing. Source: Groundwater Appropriation: 9/26/1955 Amount claimed: 0.99 gpm Proposed use: irrigation of 20 sq. ft of lawn & gardens. Provides water (sole source) for single-family dwelling, serves one house and no livestock. Remarks: This well is not on our land but on land adjacent to our property. It has been the sole source of water for our single-family house since 1972. We purchased the house in 1978 and included in the deed, is a 15 ft. easement across the Jones’ property for the purpose of maintaining a water line (see enclosure). (2 pages) 2001CW087 HOWARD G. KESSEL, 8275 North Pinewood Drive, Castle Rock, CO 80104. Application for Underground Water Right, IN DOUGLAS COUNTY. Kessel Well #118068 is located in the NE1/4SE1/4, S33, T6S, R67W, of the 6th P.M., a/k/a Lot 76, oak Hills Filing No. 2. Source: Groundwater Depth: 660’ Appropriation: 2/17/1981 Amount claimed: 22 gpm Proposed use: Well water is used for drinking water and personal hygene and for irrigation of 1/3 of lawn and gardens. One single family dwelling is serviced by this well water. No livestock are currently served by this water well. (2 pages) 2001CW088 Claus B. Sternberg, 2000 East 12th Avenue #37,Denver, Colorado 80206. Lee Bublitz, 43 Herrn Lane, Castle Rock, Colorado 80104. (Kim Lawrence, Lind, Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley, CO, 80631). Application for Finding of Reasonable Diligence, IN WELD COUNTY. 2. Conditional Water Right. a. Name of Structure: Evergreen Well No.25761-F. b. Original Decree: Entered in Case No. 81-CW-070, December 1, 1982, Water Court, Water Division No. 1. c. Location: In the Northwest Quarter of the Southeast Quarter (NW¼SE¼) of Section 3, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point approximately 2,555 feet north and 1,790 feet west of the Southeast Quarter of Section 3. d. Source: Groundwater. e. Appropriation Date: May 31, 1934, as alternate point to Sitzman Well No. 8726-R as decreed in Case No. 313 dated March 22, 1971. f. Amount: 1.62 c.f.s., conditional. The combined pumping rate of Sitzman Well No. 8726-R and Evergreen Well No. 25761-F shall not exceed 2.7 c.f.s. g. Use: Irrigation of the Northwest Quarter of the Southeast Quarter (NW¼SE¼) and 25 acres in the North One-half of the South One-half of the Southeast Quarter (N½S½SE¼), Section 3, Township 5 North, Range 65 West of the 6th P.M. 4. Outline of What Has Been Done Toward Completion: The diligence period for this water right is 5/26/95 through 6/30/01. This well will be drilled for use on the property as a source of non-potable irrigation for open space. It is an alternate point of diversion to the Sitzman Well No. 8726-R historically used on the property. The owner of the Sitzman Well No. 8726-R is the Weld Count Airport Authority which does not want to share that well in the long term. At present the alternate well is not needed as the property is farmed by the same tenant that is farming the Airport Authority property. Pursuant to an agreement with the Weld Count Airport Authority the Sitzman Well No. 8726-R can be used to irrigate Applicant’s property in the same manner as historically done as long as both parties us the same tenant. Potable water service and sewer service is provided by the City of Greeley. The property has been annexed into the City of Greeley and zoned commercial and light industrial. During the diligence period Applicants purchased the interest of Landau, Inc., in the property and well for $100,000. Applicants have continued to prepare the property for development, but it has not been developed yet. Due to the expenditure of $100,000, Applicants do not presently have the funds to drill the well and do not need to drill it since they have the above described agreement. The well will be drilled as soon as the property is ready to be converted to commercial and light industrial use. 5. Claim for Diligence: Applicants seek a finding that they have been reasonably diligence in development of the conditional water right. (3 Pages)

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2001CW089 W.L. Kraft & Company, c/o Sandy Kraft, 14800 Lanewood, Brighton, CO 80601, (303) 659-6858 and Box Elder Estates Homesite Subdivision, LLC, c/o Robert N. Fleming, 2090 E. 104th Avenue, #305, Thornton, CO 80233, (303) 450-2204 (Jeffrey J. Kahn, Wendy S. Rudnik, Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303)776-9900). APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, IN ADAMS COUNTY. (2.) Name of Structures to be Augmented: Kraft Well No. 1-048471-F, Kraft Well No. 2-048470-F, and Kraft Well No. 3 – 048469-F. (a) Use: (i) Lawn irrigation for 52 lots associated with single-family dwellings. The maximum amount of lawn on 51 lots will be 11,293 square feet; one lot (the “52nd lot”) will have a maximum amount of 22,586 square feet of lawn or the equivalent of two lots. Thus, the resulting total will be the equivalent of 53 lots each with a maximum of 11,293 square feet of lawn. Based on the modified Blanney-Criddle method for crop evapotranspiration and monthly climate data from the Denver weather station, dry year lawn grass consumptive use totals 2.34 acre feet per acre. The consumptive use for lawn irrigation on the 53 equivalent lots will be 32.15 acre-feet (2.34 acre feet per acre multiplied by 13.74 acres). (ii) An area of trees, with a maximum size of 10,890 square feet, in the common area of Box Elder Estates P.U.D. Irrigation of trees in the common area of Box Elder Estates P.U.D. The trees will be irrigated, and the consumptive use will not exceed .61 acre-feet annually. (iii) In-house use needs on the lots will be met through Denver Basin wells subject to a decree in Case No. 2000CW055. (b) Location: The wells will be used the above referenced lands located in portions of the NE ¼ and E ½ SE ¼ of Section 14, the SW ¼ SW ¼ of Section 13, the W ½ of Section 24, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado as described in Exhibit A. (c) Previous Decrees for Wells to be Augmented: (i) A decree was entered in Water Court, Water Division No. 1, Case No. W-3663 on May 20, 1975 adjudicating Kraft Well No. 1-04043-F (replaced by Well Permit No. 048471-F), located in the Southwest Quarter of the Southeast Quarter, Section 14, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado at a point 50 feet North and 1840 feet West of the Southeast corner of said Section 14 in the amount of 1.7 cfs with an appropriation date of April 11, 1963, adjudicating Kraft Well No. 2-12775 (replaced by Well Permit No. 048470-F), located in the Southwest Quarter of the Southeast Quarter, Section 14, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado at a point 1300 feet North and 2140 feet West of the Southeast corner of said Section 14 in the amount of 0.77 cfs with an appropriation date of June 7, 1950, and adjudicating Kraft Well No. 3-3946-F (replaced by Well Permit No. 048469-F), located in the Northeast Quarter of the Southeast Quarter, Section 14, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado at a point 2200 feet North and 1200 feet West of the Southeast corner of said Section 14 in the amount of 1.13 cfs with an appropriation date of April 3, 1963. All wells were adjudicated for the irrigation of 160 acres in the Southeast Quarter of said Section 14. (ii) A decree was entered in Water Court, Water Division No. 1, Case No. 97CW127 on March 1, 2000 changing the use of Kraft Well No. 1-04043-F (048471-F), Kraft Well No. 2-12775 (048470-F) and Kraft Well No. 3-3946-F (048469-F) to golf course irrigation and aesthetics, recreation, wildlife, fire protection and irrigation of lawn grass of up to 111.71 acres in the Southeast Quarter of Section 14, the Southwest Quarter of Section 13 and the West One-half of Section 24, all in Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado. (3) Water Rights to be Used for Augmentation: Return flows resulting from the in-house use of nontributary and not nontributary groundwater from the Upper Arapahoe, Lower Arapahoe and the Laramie-Fox Hills aquifers adjudicated in Case No. 2000CW055 on December 28, 2000 (“Denver Basin water”). The Denver Basin water available from each aquifer as determined in Case No. 2000CW055 is set forth in Table 1 below.

Table 1: Summary of Denver Basin water available annually Source Annual withdrawal (in acre-feet) Upper Arapahoe

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nontributary 71.00 not nontributary 3.90 Lower Arapahoe 84.00 Laramie Fox-Hills 92.30

(4) Description of Plan for Augmentation. The Denver Basin water will be used to supply in-house water demands for a total of 95 developed lots in Box Elder Estates P.U.D. The calculation of the return flows to be used for augmentation of lawn watering for the 53 equivalent lots (51 lots plus one “double lot”) plus tree watering in the common area are contained in Table 2 below. (The lawn irrigation on 43 lots is already replaced pursuant to Case No. 97CW127.) The consumption to be replaced from the three alluvial wells to be augmented and identified in ¶2 is 32.15 acre-feet as set forth in paragraph 2.a.i and ii above. Augmentation water will be provided by the return flows from the in-house use of Denver Basin wells through septic leach field returns. As shown in Table 2 below, the available amount of annual return flows is 32.76 acre-feet. Because of the distance between the location of the alluvial wells and the South Platte River, the depletions will even out throughout the year, and will be replaced by the return flows from the Denver Basin wells placed into the alluvium at the same location as the three augmented wells.

Table 2: Non-Tributary In-House Use Summary (all values in acre-feet)

Per Lot In-

House Demand

Per Lot In-

House CU

Per Lot In-

House Returns

Total In-

House Demand

Total In-

House CU

Total In-

House Returns

Relinquished Returns (2% of

nontributary water & 4% of

not nontributary water)

Available Returns

(after required relinquishments

are made)

[1] [2] [3] [4] [5] [6] [7] [8] Jan 0.03 0.003 0.03 3.16 0.32 2.85 0.06 2.78 Feb 0.03 0.003 0.03 2.86 0.29 2.57 0.06 2.51 Mar 0.03 0.003 0.03 3.16 0.32 2.85 0.06 2.78 Apr 0.03 0.003 0.03 3.06 0.31 2.76 0.06 2.69 May 0.03 0.003 0.03 3.16 0.32 2.85 0.06 2.78 Jun 0.03 0.003 0.03 3.06 0.31 2.76 0.06 2.69 Jul 0.03 0.003 0.03 3.16 0.32 2.85 0.06 2.78 Aug 0.03 0.003 0.03 3.16 0.32 2.85 0.06 2.78 Sept 0.03 0.003 0.03 3.06 0.31 2.76 0.06 2.69 Oct 0.03 0.003 0.03 3.16 0.32 2.85 0.06 2.78 Nov 0.03 0.003 0.03 3.06 0.31 2.76 0.06 2.69 Dec 0.03 0.003 0.03 3.16 0.32 2.85 0.06 2.78

Total 0.39 0.039 0.35 37.24 3.72 33.52 0.76 32.76 [1] Demand = 100 gallons per day per capita (3.5 persons per house) [2] Reflects 10% consumptive use – column [1] x 0.10 [3] Alluvial returns – column [1] – column [2] [4] Total 95 lot demand – column [1] x 95 [5] Total 95 lot consumptive use – column [4] x 0.10 [6] Total Returns for 95 lots – column [4] – column [5] [7] Two percent of the nontributary water and four percent of the not nontributary water adjudicated in Case No. 2000CW055 must be relinquished. The weighted average of these required relinquishments = 2.03%. [8] Non-tributary returns available for replacement of alluvial depletions

(5) Names and addresses of owners of land on which structures are located. See Exhibit B attached.

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2001CW090 ROSEMARY AND CARL PISTOLE, 621 W. Oakwood Lane, Castle Rock, CO 80104. Application for Underground Water Right, IN DOUGLAS COUNTY. Pistole Well #147656 is located in S34, T6S, R67W, 6th P.M., 280’ from S section line and 2320’ from W section line, a/k/a/ Lot 19, Oakhills Filing #1. Source: Groundwater-Lower Dawson Aquifer. Depth: 560’ Appropriation: 3/25/1987 Amount claimed: 10 gpm Proposed use: Domestic and irrigation of 10,000 sq. ft. of lawns and gardens. (2 pages) 2001CW091 AGGREGATE INDUSTRIES- WCR, INC., a Colorado corporation, 3605 South Teller Street, Lakewood, Colorado 80235. Timothy J. Flanagan, Esq., Fowler, Schimberg & Flanagan, P.C., 1640 Grant Street, Suite 300, Denver, Colorado 80203. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN ADAMS COUNTY .

2. Name of Structure:

Rogers Reservoir

3. A. Legal Description: The reservoir is located in the Northeast Quarter of Section 1, Township 1 South, Range 67 West of the 6th P.M., and the Southwest Quarter of the Northwest Quarter of Section 6, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado.

B. Date Entered by the Water Court: May 3, 1995 (by the Referee on April 7, 1995), Case

No. 92-CW-022, Water Division No. 1.

C. Decreed Point of Diversion: The reservoir will be filled from either or both of the following points of diversion:

1. In the Southwest Quarter of the Northwest Quarter of Section 6, Township 1

South, Range 66 West of the 6th P.M., Adams County, Colorado, at a point 2300 feet South and the 500 feet East of the Northwest Corner of said section.

2. In the Northeast Quarter of the Northeast Quarter of Section 1, Township 1

South, Range 67 West of the 6th P.M., Adams County, Colorado at a point 1,000 feet South and 50 feet West of the Northeast Corner of said section.

4. Source:

A. South Platte River.

5. A. Date of appropriation: September 20, 1991.

B. Amount claimed: 2,500 acre-feet conditional, with one right to refill, and a rate of

diversion of 100 c.f.s. conditional.C.Historic use: Not applicable; conditional storage right in gravel pit which is being mined.

6. OUTLINE OF EFFORTS TOWARD COMPLETION OF THE APPROPRIATION:

A. The conditional storage right decreed in Case No. 92-CW-022 was originally awarded to Jack

Rogers and Gwenne Rogers who operated a gravel pit in the NE¼, Sec. 1, T1S, Range 66 West of

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the 6th P.M. and the SW¼ of the NW¼ of Sec. 6, T1S, Range 66 West of the 6th P.M. in Adams County.

B. On or about February 2000, Jack and Gwenne Rogers, who operated the business known as

Tucson Resources, Inc., conveyed the subject property along with the conditional storage decree in Case No. 92-CW-022 to CAMAS Colorado, Inc., an Indiana corporation which was subsequently merged into Aggregate Industries - WCR, Inc., a Colorado corporation, on or about September 28, 2000 Jack Rogers passed away. The total consideration for the entire transaction was approximately $5.0 million (including equipment).

C. When the property was conveyed to the Applicant, it was the subject of a condemnation

proceeding by a municipality which sought to acquire the excavated gravel mine and convert it to water storage. That case is styled City of Thornton v. CAMAS Colorado, Inc., an Indiana Corporation, as successor to Tucson Resources, LLC, a Colorado Limited Liability Company; Colorado Business Leasing, Inc.; Judith A. Kahle, as Public Trustee of Adams County, Colorado; Helen L. Hill, as Treasurer of Adams County, Colorado; and Any and All Persons Who May Claim an Interest in the Subject Matter of this Action, Case No. 99-CV-1197. The Applicant spent approximately $30,000 in attorneys’ fees and litigation expenses defending its interest in that property as well as the associated conditional decree.

D. The condemnation action was resolved by conveying to the City of Thornton an option to

purchase a lined storage facility in December 2000. Thornton must exercise its option on or before December 2002.E. The Applicant has filed Case No. 01-CW-009 which is currently pending in this Court, to one of the terms and conditions of the original Decree such that the construction standards for the sealed storage structure will comply with the current requirements issued by the State Engineer’s Office found in “State Engineer’s Guidelines for Lining Criteria for Gravel Pits” (August 1999). The approximate expense for that proceeding through the filing of this application is approximately $7,500.00.

F. The Rogers Reservoir is to be excavated within the confines of a slurry wall. On or about May

2000, the Applicant had entered into a contract for the construction of such a slurry wall at an approximate cost of $800,000.

G. On-site mining activities have been continuous since the Applicant acquired the property and it is

currently estimated that the excavation necessary for the Rogers Reservoir will be completed by December 2004.

7. NAME AND ADDRESS OF OWNER OF LAND ON WHICH STRUCTURE IS TO BE LOCATED:

Aggregate Industries - WCR, Inc. 3605 South Teller Street Lakewood, Colorado 80235 (5 Pages)

2001CW092 (94CW182) A. J. MCKEON, 13701 N. County Road 25E, P.O. Box 210, Masonville, CO 80541. Application for Finding of Reasonable Diligence and to Make Absolute a Conditional Water Right, IN LARIMER COUNTY. McKeon Lower Pond decreed 8/25/1988 in Case No. 86CW132, Water Division No. 1. Location: NE1/4NE1/4, S34, T7N, R70W, 6th P.M., a/k/a 13701 N. County Road 25E, 701’ S and 4283” E of the NW corner S34. Source: Redstone Creek tributary to Buckhorn Creek tributary to the Big Thompson River. Appropriation 4/30/1986 Amount: 5 acre feet Use: Fish propagation, stock watering, fire protection. Outline of what has been

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done toward completion: McKeon Lower Pond has been available for the storage of water pursuant to its decree and on or around May 30, 1995 captured and stored water to the full amount of the decree, thereafter applying the water to the beneficial uses of fish propagation (rainbow trout stocked) and the watering of livestock. Applicant believes and asserts that this filling (5 acre feet) was done in priority, because of generally very wet conditions in the area as well as over the northeastern part of the state. At that time, repairs to the dam spillway were made at a cost of approximately $24,000. Further , in April 1999, the reservoir filled during the large storm event that then occurred, which applicant also asserts was done in priority. The volumes of water stored caused the reservoir’ dam to break, and thereafter, during this diligence period, repairs were made, having first has hydrologic analysis and plan for the reconstruction of the dam prepare by Ayres Engineering, Fort Collins, Colorado. The total cost of the engineering work and actual repair was approximately $21, 900, and work was completed on or about June, 2000. Applicant has held water in the reservoir for fire fighting purposes, and request that such use be also determined to be absolute. Should applicant’s request for an absolute ruling be denied, applicant request that a finding be made that due diligence was exercised during this diligence period. In addition, applicant states that he has no intention of completing the other reservoir that was the subject of the original application in 88CW132, being McKeon Upper Pond, and asks the conditional water right for that structure be declared to be abandoned. (2 pages) 2001CW093 (94CW166) RANCH OF THE ROCKIES ASSOCIATION, 492 Ranch Road RORA D2, Hartsel, Colorado 80449. (Holly I. Holder, PC, 518 Seventeenth Street, Suite 1500, Denver, CO 80202). Application to Make Conditional Water Right Absolute and for Finding of Reasonable Diligence, IN PARK COUNTY. 2. Decree Information: Decreed in Case No. 86CW287 on September 2, 1988, District Court, Water Division 1. 3. Name of structure: Buffalo Creek Dam and Reservoir. 4. Source of water: Buffalo Creek, tributary to the South Fork of the South Platte River 5. Date of appropriation: August 31, 1975. 6. Amount of water claimed: 180 acre-feet (conditional). In Case No. 94CW166, 40 acre-feet of the conditional amount was decreed absolute for recreation, wildlife, and fish propagation and 2.0 acre-feet was decreed absolute for augmentation purposes. 7. Legal description: In the NW1/4NW1/4 of S25, T12S, R77W, 6th P.M., more particularly described as beginning at the northwest corner of S25, thence S 73 00’ E, 728 feet to the N abutment of the dam. 8. Uses: Domestic, commercial, irrigation, recreation, wildlife, fish propagation, and as a source of replacement water under the augmentation plan decreed in Case No. W-8109-75 and amended in Case No. 84CW296. APPLICATION TO MAKE ABSOLUTE 9. The reservoir has been constructed and can store the total decreed capacity of 180 acre-feet. Therefore, Applicant requests that the remaining 140 acre-feet of the conditional right be made absolute for recreation, wildlife, and fish propagation uses. Also, during the diligence period Applicant has used an additional 8 acre-feet for augmentation purposes. In the alternative, and if these amounts are not made absolute, Applicant requests that a diligence finding also be made to continue these amounts pursuant to the activity described below. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 10. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, 37-92-302, C.R.S. During this diligence period, in continuing the development of the conditional water rights, Applicant ahs been engaged in the legal defense and protection of said water rights and has been diligent in the continued use and development of the water rights involved. During this diligence period, Applicant has been diligent in the development of the subject conditional water rights and Applicant’s unified water system. Those activities include but are not limited to the following: A. Applicant has completed the reservoir and has stored the entire decreed capacity of 180 acre-feet. Also, during the diligence period Applicant has continued to maintain the reservoir, including repair of the reservoir liner and cleaning of the spillway. B. Applicant has stocked the reservoir with fish for the last three years at a cost of approximately $3000.00 per year. C. During the diligence period, Applicant has expended in excess of $158,000.00 in the completion and maintenance of the dam and reservoir. D. Applicant has put the remaining 140 acre-feet of the conditional water right to beneficial use for recreation, wildlife, and fish propagation and an additional 8 acre -feet to beneficial use for augmentation purposes. E. Each month during the diligence period, Holly I. Holder, P.C., has reviewed the resume of applications as published by the Water Clerk for Water Division 1 and advised Applicant whether Statements of Opposition need to be filed to protect Applicant’s water rights. F. The Office of the State Engineer conducted an inspection of the dam and reservoir in June, 2001,

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and found that the dam and reservoir are in excellent condition. Wherefore, Applicant, Ranch of the Rockies Association prays that this Court enter a decree finding (1) that 140 acre-feet of the conditional right be made absolute for recreation wildlife and fish propagation: (2) that an additional 8 acre-feet of the conditional right be made absolute for augmentation; (3) and that Applicant has exercised reasonable Diligence in the development of the remaining conditional water rights, and for such other relief as this Court deems just and proper in the premises. (4 pages) 2001CW094 MBP INVESTMENTS, INC., 90 South Cascade Ave., Suite 950, Colorado Springs, CO 80903. Application for Finding of Reasonable Diligence, IN TELLER COUNTY. 2. Name of structure: Rosewood Hills Collection Gallery and Pipeline. 3. 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: 11/19/1973 Case No. W-7279, Water Division 1 Nunc pro Tunc to 4/1/1973. B. Location; Rosewood Hills Collection Gallery and Pipeline is located at a point in the E1/2 SW1/4, S27, T12S, R69W, 6th P.M., Teller County, Colorado more particularly described as follows: Commencing at the center point of S27, thence S 0 56’05” E a distance of 1316.94’ along the N-S center line of said S27 to the S center 1/16th corner of said Section; thence S 1 35’56” E a distance of 493.67 feet along the N-S center line of said S27; thence S 88 24’34” W a distance of 51.00 feet to the point of diversion. C. Source: Trout Creek, tributary to the South Platte River. D. Appropriation Date: 4/24/1972 Amount: 0.12 cfs, Absolute; 0.08 cfs, CONDITIONAL E. Use: Domestic, municipal, and irrigation of approximately 80 acres of lawns and gardens within Rosewood Hills Subdivision. F. Well depth: 600 feet Alternate Point of Diversion 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 (add additional sheets if necessary): The Efficiency and reliability of the Rosewood water system was improved by the construction of the the Rosewood pond, a 600 foot deep well, Pump House and installation of equipment at an approved alternate point of diversion. The cost of these improvements exceeded $15,000.00 and demonstrates diligence in the development of this conditional water right. 5. If claim to make absolute-A. N/A B. Description of place of use where water is applied to beneficial use: Rosewood Hills Subdivision in Teller County, Colorado. 6. Name and address of owner of land on which structure is located. Rosewood Hills Property and Homeowners Association, Inc., P.O. Box 5222, Woodland Park, CO 80866. (2 pages) 2001CW095 RALPH H. TRENARY, III AND HOLLY A. TRENARY, 12710 N. Sixth St., Parker, CO 80134. Application for Underground Water Right, IN DOUGLAS COUNTY. Well #95718 is located in the SE1/4NE1/4, S7, T6S, R66W, 6th P.M., a/k/a Lot 3, Block 12, Grandview Estates. Source: Lower Dawson Depth 260’ Appropriation: 11/8/1977 Amount claimed: 15 gpm Use: (1) Number of acres historically irrigated: 3705 sq. ft. (2) Total number of acres proposed to be irrigated: 1 (3) The legal description of the land irrigated: Douglas SE1/4NE1/4, S7, T6S, R6W, 6th P.M., Lot 3, Block; 12, Grandview Estates, 12710 N. Sixth St., Parker, CO 80134. If non-irrigation , describe purpose fully: To operate a household, for domestic use, and small yard on a septic system. (2 pages) 2001CW096 RONALD R. AND MARGARET E. VAN PELT, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, IN ADAMS COUNTY. 1. Name, Address, Telephone Number of Applicants: Ronald R. and Margaret E. Van Pelt, P.O. Box 220, Watkins, Colorado 80137 (303) 261-7797 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 63.94 acres of land located in the W1/2 of Section 24, T3S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn

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from the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from Denver aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Denver 282 feet 30 acre-feet Upper Arapahoe 75 feet 8 acre-feet Lower Arapahoe 100 feet 11 acre-feet Laramie-Fox Hills 170 feet 17 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. Applicants will reserve part of the Denver and Upper Arapahoe aquifer water which may be available underlying the Subject Property for use through exempt wells pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Denver aquifer is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. (4 pages; Exhibits 2 pages)

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2001CW097 CONCERNING THE APPLICATION FOR WATER RIGHTS OF ELLAS PROPERTIES, INC., AND DOUGLAS COUNTY RECYCLING, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicants: Ellas Properties, Inc. and Douglas County Recycling, c/o 9464 N. Moore Rd., Littleton, Colorado 80125 (303) 683-0510 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 320 acres of land located in the NW1/4 of Section 32, T6S, R68W, and the SW1/4 of Section 5, T7S, R68W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers underlying the SW1/4 of Section 5 is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from Arapahoe and Laramie-Fox Hills aquifers underlying the NW1/4 of Section 32, and the Denver aquifer underlying the entire Subject Property is not nontributary as described in Section 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: A. Underlying NW1/4 of Section 32: Saturated Estimated Aquifer Thickness Annual Amount Denver 75 feet 20 acre-feet(NNT) Arapahoe 286 feet 78 acre-feet(NNT) Laramie-Fox Hills 174 feet 42 acre-feet(NNT) B. Underlying SW1/4 of Section 5: Saturated Estimated Aquifer Thickness Annual Amount Denver 92 feet 25 acre-feet(NNT) Arapahoe 281 feet 76 acre-feet(NT) Laramie-Fox Hills 176 feet 43 acre-feet(NT) The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. Applicants will reserve parts of the not nontributary water in each aquifer which may be available underlying the Subject Property for use through exempt wells pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with Section 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to Sections 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B.

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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 thicknesses, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with Section 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to Section 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Arapahoe and Laramie-Fox Hills aquifers underlying the SW1/4 of Section 5 is nontributary groundwater. The groundwater in the Arapahoe and Laramie-Fox Hills aquifers underlying the NW1/4 of Section 32 and the Denver aquifer underlying all the Subject Property is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. (4 pages) 2001CW098 CONCERNING THE APPLICATION FOR WATER RIGHTS OF JANETTE M. EVERITT, TRUSTEE OF THE JANETTE M. EVERITT TRUST, CHARLES M. EVERITT, ANDREW AND SANDRA WHELCHEL, AND SUSAN BOLLIG, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 1. Name, Address, Telephone Number of Applicants: Janette M. Everitt, Trustee of the Janette M. Everitt Trust, Charles M. Everitt, Andrew and Sandra Whelchel, and Susan Bollig, as their interests may appear, c/o 45250 N. Delbert Road, Parker, Colorado 80138. (303) 569-0767 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 240 acres of land located in the NW1/4 and the N1/2SW1/4 of Section 15, T6S, R65W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from Upper Dawson aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 148 feet 71 acre-feet Lower Dawson 60 feet 28 acre-feet Denver 350 feet 142 acre-feet Arapahoe 250 feet 102 acre-feet Laramie-Fox Hills 230 feet 82 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. Applicants will reserve part of the Upper Dawson aquifer water which may be available underlying the Subject Property for use through exempt wells pursuant to Section 37-92-

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602, C.R.S. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with Section 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to Sections 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with Section 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to Section 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Upper Dawson aquifer is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. (4 pages; attachment A-1 page) 2001CW099 JOSEPH FITOS, 6668 County Road 43, Bailey, CO 80421. (Richard W. Toussaint, TOUSSAINT, NEMER & COATY, P.C., 3081 Bergen Peak Drive, Suite 210, Evergreen, CO 80439). Application to Make Absolute a Conditional Water Right or Alternatively for A Finding of Reasonable Diligence, and an Alternate Point of Diversion, IN PARK COUNTY. Forest Ridge Pond No. 1 decreed 12/18/1998, nunc pro tunc, June 30, 1995, Case No. 94CW192, Water Division 1. Location: Forest Ridge Pond No l. is located in the SW1/4 NW1/4, S26, T6S, R73W, 6th P.M., Park County, Colorado. Source: Unnamed tributary to Deer Creek. Appropriation Date: 9/271994 Uses: Fire Protection, piscatorial, and wildlife propagation. 4. Detailed out line of what has been done toward completion of the appropriation and application of water to beneficial use: The final decree under Case No. 94CW192 provides for a conditional water storage right for a small pond named Forest Ridge Pond No. 1. During the diligence period, the real property for the pond and the associated water storage right was sold to Joseph Fitos. Forest Ridge LLP reserved the right to utilize the pond for fire protection purposes within the Forest Ridge Subdivision. .Since then, Mr. Fitos has constructed a pond with a capacity of 1 acre foot Rocks, dirt and debris were dug up and carried away and a wide berm was formed around the pond. All costs associated with these improvements were paid for by the applicant An island was constructed in the middle of the pond for wildlife protection. Habitat improvements to the pond were performed under Nationwide Permit No. 27 and subject to the requirements of the Army Corps of Engineers. A dry fire hydrant was relocated such that it was readily accessible to fire trucks. The Platte Canyon Fire Protection District’s most recent inspection resulted in its improvement of the improved site. Outflow tubes and water controls were installed . The feeder ditch was dug out and cleaned of debris. Claim made to conditional water right absolute: Date water applied to beneficial use: 4,/1998 Amount: 1 acre foot storage Use: Fire protection, piscatorial, and wildlife propagation APPLICATION TO REQUEST

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ALTERNATE POINT OF DIVERSION In addition to the point of diversion approved in Case No. 94CW192 (the “Original Point of Diversion”), the applicant also requests an alternate point of diversion on Deer Creek downstream of the Original Point of Diversion, due to severe damage caused by beavers and the construction of beaver dams over the last couple of years. Upon information and belief there are no intervening rights between the Original Point of Diversion and the alternate diversion point. Applicant does not seek a change in either the location of the Forest Ridge Pond No. 1 or the source of the water diverted to storage. The alternate point of diversion is located on Deer Creek in the SE1/4 NE1/4, S27, T6S, R73W, 6th P.M., at a point 1,450’ from the N section line and 150’ from the E section line. (4 pages) 2001CW100 CITY OF LAFAYETTE, c/o City Administrator, 1290 South Public Road, Lafayette, Colorado 80026. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR CHANGE OF WATER RIGHT. IN BOULDER COUNTY. 2. Decreed Name of Structure for Which Change is Sought: Lafayette Boulder Creek Pipeline No. 1. From Previous Decree: A. Date Entered: September 3, 1982. Case No. 80CW467. Court: District Court, Water Division 1. Note: In previous change of water right proceedings entered in Case Nos. 95CW138 and 99CW191, alternate points of diversion and alternate locations of storage were approved. B. Decreed Points of Diversion: The Lafayette Boulder Creek Pipeline No. 1 is currently decreed for use at any one or a combination of the following alternate points of diversion. a. A point on the South Bank of Boulder Creek in the SW 1/4 SW 1/4, Section 16, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado, located approximately 1,300 feet North and 100 feet East of the Southwest Corner of said Section 16. b. A point on the South bank of Boulder Creek in the SE 1/4 SE 1/4, Section 17, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado, located approximately 1,300 feet North and 100 feet West of the Southeast Corner of said Section 17. c. The Lower Boulder Ditch, as well as at any point located between the originally decreed points of diversion for the Lafayette Boulder Creek Pipeline No. 1 and the Lower Boulder Ditch headworks described as follows. The Lower Boulder Ditch was originally decreed in Civil Action No. 1282, in the District Court of Boulder County on June 2, 1882. The originally decreed point of diversion is a headgate located at or on the South side of Boulder Creek near the West section line of Section 16, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado. The Lower Boulder Ditch diverts water from Boulder Creek by means of a dam, a water conveyance channel and headworks. The dam is located at a point approximately 1,300 feet North and 150 feet East of the Southwest Corner of Section 16, and operates to deflect normal stream flow into the water conveyance channel and toward the headworks of the Lower Boulder Ditch. The headworks are located at a point approximately 1,100 feet North and 600 feet East of the Southwest corner of Section 16. The headworks consist of a dam across the water conveyance channel, with control gates and an overflow section, and headgates at right angles to the flow in the channel which divert water into the main ditch. Any water not diverted through the headgates returns to Boulder Creek unused. C. Source: Boulder Creek and its tributaries. D. Appropriation Date: February 28, 1979. E. Amount: 25.0 cubic feet per second, CONDITIONAL. F. Historic Use: This is a conditional water right. The decreed use of the water is for municipal, domestic, commercial, industrial, recreational, piscatorial, irrigation, exchange, replacement, augmentation and all other beneficial purposes related to, occurring in or deriving from the operation of the City of Lafayette municipal utility system. When not needed for immediate use in the City of Lafayette utility system, water diverted under this right may be stored in the Henry Waneka Reservoir, located in Section 4, Township 1 South, Range 69 West, 6th P.M., Boulder County, or the Goose Haven Reservoir Complex, located in Sections 15 and 22, Township 1 North, Range 69 West, 6th P.M., Boulder County. 4. Proposed Change: Applicant seeks approval to change the point of diversion of the water right decreed to the Lafayette Boulder Creek Pipeline No. 1 to include a new alternate point of diversion at a point on the South Bank of Boulder Creek in the SW 1/4 NE 1/4, Section 13, Township 1 North, Range 70 West, 6th P.M., Boulder County, Colorado, located approximately 2,476 feet South of the North section line and 2,500 feet West of the East section line of said Section 13. Applicant also seeks approval to have the point of diversion be located up to 50 feet upstream and 60 feet downstream of the above described point of diversion in the event that construction difficulties are encountered at the specific location stated herein. The alternate point of diversion to be added is approximately 2.5 miles upstream of the existing decreed locations, and is located on the East side of 75th Street in

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unincorporated Boulder County. The locations of the currently decreed points of diversion for the Lafayette Boulder Creek Pipeline No. 1 and the new alternate point of diversion being requested herein are depicted on the map attached as Exhibit "A." 5. Name and address of owner of land on which the above described new alternate point of diversion is located: Boulder County, P. O. Box 471, Boulder, Colorado 80306-0471. City of Boulder, P. O. Box 871, Boulder, CO 80306-0871. WHEREFORE, Applicant requests the entry of a decree approving the change of water right to include the above described new alternate point of diversion for the Lafayette Boulder Creek Pipeline No. 1. (4 pages, 1 exhibit). 2001CW101 CENTENNIAL WATER AND SANITATION DISTRICT, 62 Plaza Drive, Highlands Ranch, Colorado 80129, (303) 791-0430, c/o Veronica A. Sperling, Moses, Wittemyer, Harrison & Woodruff, P.C., Box 1440, Boulder, Colorado 80306, (303) 443-8782. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in Douglas, Jefferson and Arapahoe Counties:; 2. Name of structure: Chatfield Reservoir and South Platte Reservoir; 3. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: June 16, 1987. Case No.: 84CW411. Court: District Court, Water Division No. 1. Judgment and Decree Finding Reasonable Diligence entered June 9, 1995, in Case No. 93CW081, District Court, Water Division No. 1. Findings of Fact, Conclusions of Law and Decree of the Court approving changes of the subject Chatfield Reservoir water storage right entered August 27, 1997 in Case No. 93CW082, District Court, Water Division No. 1; B. Locations: Chatfield Reservoir: The reservoir formed by the Chatfield Dam, an existing structure located in Sections 6 and 7, Township 6 South, Range 68 West, of the 6th P.M. and in Section 1, Township 6 South, Range 69 West, of the 6th P.M. South Platte Reservoir, formerly known as South Platte Lake: To be located in portions of the W½ and of the SE¼ of Section 31, Township 5 South, Range 68 West of the 6th P.M., and in the E½ of the SE¼ and the SE¼ of the NE¼ of Section 36, Township 5 South, Range 69 West of the 6th P.M.; C. Source: The South Platte River and tributaries thereto, including Plum Creek and its tributaries; D. Appropriation date: September 7, 1984; Amount: 6,000 acre-feet, CONDITIONAL; E. Use: Municipal, domestic, industrial, commercial, irrigation, stockwatering, recreational, fish and wildlife propagation and maintenance and other beneficial purposes within the South Platte River drainage in Water Division No. 1. Said water may be also used for exchange purposes, for replacement of depletions resulting from use of water from other sources, for augmentation purposes, and for artificial recharge of the Denver Basin aquifers underlying Highlands Ranch for all of the beneficial uses described in this paragraph 3.E.; F. Depth (if well): Not applicable. 4. Provide a 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: During the diligence period, Centennial has continued to engage in efforts to obtain the reallocation of storage space in Chatfield Reservoir from flood control to multipurpose use, including municipal storage. Centennial has participated in reallocation discussions and activities with the U.S. Army Corps of Engineers (“COE”), the Colorado Water Conservation Board (“CWCB”), the Colorado Division of Parks and Outdoor Recreation, the Colorado Division of Wildlife, the State Engineer’s Office, the Urban Drainage and Flood Control District (“Urban Drainage”), the Denver Water Board, and others as part of the Chatfield Reservoir Work Group. As a result of the efforts of the Chatfield Reservoir Work Group and others, the Legislature in 1997 authorized use of up to $300,000 from the CWCB construction fund to cooperate with the COE, Urban Drainage, interested local governments and other water users in a reconnaissance study for the potential reallocation of flood control storage space to municipal water supply storage in Chatfield Reservoir. In 1998, the Legislature authorized use of up to $500,000 from the CWCB construction fund to cooperate with the COE, Urban Drainage, interested local governments and other water users in a feasibility study for the potential reallocation of flood control storage space to municipal water supply storage in Chatfield Reservoir. Expenditure of these funds was contingent upon execution of a cost share agreement for funding and implementation of a formal feasibility study. The CWCB has executed a Feasibility Cost-Share Agreement with the COE and has placed Simons and Associates, Fort Collins, Colorado, under contract as the study contractor. The total cost of the feasibility study (referred to as the Chatfield Reservoir Reallocation Study) is $1,984,684. In 2000, the Legislature authorized the use of an additional $80,000 from the CWCB construction fund to continue development of the Chatfield Reservoir Reallocation Study by contracting with a consulting firm to complete a storage use pattern investigation and for

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additional field surveys and topographic mapping of the South Platte River. The Chatfield Reservoir Reallocation Study is presently scheduled for completion by September 30, 2003. During the diligence period, Centennial representatives made at least 34 contacts as part of Centennial’s efforts related to reallocation of storage space in Chatfield Reservoir, including attending 26 meetings. During the diligence period, Centennial also participated in the Chatfield Work Group under the Metropolitan Water Supply Investigation. The Metropolitan Water Supply Investigation Final Report, dated January 1999, details the efforts of the Chatfield Work Group and includes a preliminary list of potential water supply-related uses for storage space in Chatfield Reservoir. During the diligence period, Centennial completed the adjudication of changes of water right for the subject Chatfield Reservoir water storage right, in Case No. 93CW082, District Court, Water Division No. 1. The decree in Case No. 93CW082 was entered on August 27, 1997. The decree approved the following changes of the Chatfield Reservoir water storage right: (1) An alternate place of storage in Centennial’s proposed South Platte Reservoir; (2) Alternate points of diversion at Chatfield Reservoir Outlet Manifold to Last Chance Ditch No. 2 and Nevada Ditch, South Platte Alluvial Well Field No. 1 and South Platte Alluvial Well Field No. 2; (3) An augmentation plan for replacement of delayed out-of-priority depletions resulting from diversions of the subject Chatfield Reservoir water storage right at South Platte Alluvial Well Field Nos. 1 and 2; and (4) An additional type of use of the subject Chatfield Reservoir water storage right for artificial recharge of the Denver Basin aquifers underlying Highlands Ranch. Since the date of the decree in Case No. 93CW082, Centennial has expended more than $12,000,000 in the development of South Platte Reservoir and related facilities, including the South Platte Pump Facility, the South Platte Pipeline, Last Chance Ditch, Nevada Ditch, and South Platte Alluvial Well Field No. 2. During the diligence period, Centennial also completed the adjudication of changes of other water rights intended to be used in conjunction with its Chatfield Reservoir water storage right. These include (1) changes of the plan for augmentation including substitutions and exchanges originally decreed in Case No. 85CW415, approved in Case No. 93CW178, District Court, Water Division No. 1, by decree entered on October 27, 1998, (2) changes of certain of the water rights originally decreed in Case No. 88CW222, approved in Case No. 93CW179, District Court, Water Division No. 1, by decree entered May 13, 1998, and (3) changes of Centennial’s Plum Creek Water Rights approved in Case No. 93CW177, District Court, Water Division No. 1, by decree entered July 30, 1996. The subject Chatfield Reservoir water storage right was adjudicated as part of the water supply for Centennial’s municipal water system, which currently supplies over 70,000 people and ultimately will supply 90,000 to 100,000 people. During the diligence period, Centennial has expended more than $46,500,000 on the continuing development of its municipal water system and water rights, including the development of facilities necessary to utilize water stored under the Chatfield Reservoir water storage right. These expenditures include expenditures associated with Centennial’s water treatment and wastewater treatment plants, water and wastewater pipelines, groundwater wells, groundwater treatment plant and Zone 1 and McLellan pump stations. During the diligence period, Centennial has continued to participate in the Chatfield Basin Authority, formed under authority of the Denver Regional Council of Governments. The Authority has initiated water quality related studies and is developing land management plans to protect the quality of inflows to Chatfield Reservoir. Centennial’s participation is for the purpose of protecting the quality of water diverted to its municipal system at Chatfield Reservoir, including water that will be stored in the future under its Chatfield Reservoir water storage right. During the diligence period, Centennial joined the Upper South Platte Watershed Protection Association. Centennial is in the Members class of the Association, with full voting rights and dues obligations. The Association was formed in 1998 with the purpose of maintaining or improving water quality and related resources within the South Platte watershed above Strontia Springs dam. Strontia Springs dam is upstream of Chatfield Reservoir. Centennial’s participation in the Association is for the purpose of protecting the quality of water diverted to Centennial’s municipal system at Chatfield Reservoir, including water that will be stored in the future under the Chatfield Reservoir water storage right. Centennial has participated in numerous Water Court cases to protect its Chatfield Reservoir water storage right from injury, including Case No. 96CW014, District Court, Water Division No. 1. Centennial has expended well over $200,000.00 in such cases during the diligence period; 5. If claim to make absolute - Water applied to beneficial use: Not applicable. WHEREFORE, Centennial requests the Court to enter a decree finding that Centennial has

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proceeded with reasonable diligence toward the completion of the appropriation of the subject water storage right and continuing the subject water storage right in full force and effect for an additional diligence period. (6 pages). 2001CW102 FORT MORGAN RESERVOIR AND IRRIGATION COMPANY AND ROBERT E. SEIBER AND EDITH SEIBER. Attorneys for Applicants Fort Morgan Reservoir and Irrigation Company and Robert E. Seiber and Edith Seiber: Timothy R. Buchanan, P.C., 14700 West 66th Place, Suite 6, Arvada, Colorado 80004, Telephone: (303) 431-9141. Application For Approval of Plan For Augmentation, Including Application For Underground Water Right in WELD AND MORGAN COUNTIES. 1. Name, Address, Telephone Number of Applicants: Fort Morgan Reservoir and Irrigation Company, 218 East Kiowa, Suite A, Post Office Box 38, Fort Morgan, Colorado 80701, Telephone: (970) 867-7561 and Robert E. Seiber and Edith Seiber, 18374 Morgan County Road 2, Wiggins, Colorado 80654, Telephone: (970) 483-7494. 2. Fort Morgan Reservoir and Irrigation Company ("Fort Morgan Company") is a Colorado mutual ditch company that distributes water to its shareholders and to individuals and entities contracting with the Fort Morgan Company. The Fort Morgan Company owns the water rights and structures described in this application, except for the water rights and structures that are owned by Robert E. Seiber and Edith Seiber (“Mr. and Mrs. Seiber”) as described in this application. Application for Underground Water Right 3. Mr. and Mrs. Seiber are the owners of and claimants of the following underground water right: A. Name of Structure: Seiber Well. B. Well Permit No.: Well Permit No. 104828 was issued on March 9, 1979 pursuant to Section 37-92-602(b), C.R.S. A well permit application to increase the rate of flow, and for the purposes described in this application, has been filed with the State Engineer’s office. C. Legal Description of Well: The well is located in the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of Section 33, Township 4 North, Range 60 West of the 6th P.M., 1949.5 feet from the North section line and 820 feet from the West section line, Morgan County, Colorado. D. Source: Groundwater tributary to the South Platte River. E. Date of Initiation of Appropriation: September 12, 1997. F. How Appropriation was Initiated: By purchase of the well and diversion and application of the water to beneficial use. G. Date Water Applied to Beneficial Use: September 12, 1997. H. Amount Claimed: 50 g.p.m., Absolute. I. Use: The water claimed herein is used and will be used for domestic, livestock, commercial, dairy operations, and irrigation purposes. Irrigation will consist of irrigation with effluent on the following described land: A total of 120 acres in the Southwest Quarter (SW1/4) and the North Half (N1/2) of the Northwest Quarter (NW1/4) of Section 33, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. 4. Name and Address of Owners of Land on which Well is Located: Robert E. Seiber and Edith Seiber, 18374 Morgan County Road 2, Wiggins, Colorado 80654. Application for Approval of Plan for Augmentation. 5. Description of Structures to be Augmented: The Seiber Well is owned by Mr. and Mrs. Seiber and is subject to the terms of a contract between Mr. and Mrs. Seiber and the Fort Morgan Company to provide augmentation water for the well. 6. Are There Other Water Rights Diverted from These Structures? No, however, the Seiber Well is currently permitted as an exempt well pursuant to Section 37-92-602(b), C.R.S. 7. Water Rights to be Used for Augmentation: The water rights to be used for augmentation are the following: A. Pursuant to a Decree entered by the Water Court in and for Water Division No. 1 in Case No. W-2692 on April 22, 1985, a plan for augmentation was approved (hereinafter referred to as "the Case No. W-2692 Decree"). The Case No. W-2692 Decree specified two water rights to be used for augmentation: Fort Morgan Canal Water Right: (1) Name of Structure: Fort Morgan Canal. (2) Legal Description of Each Point of Diversion: (a) The Fort Morgan Canal headgate is located on the South Bank of the South Platte River at a point 23 chains north and 5 chains west of the Southeast Corner of Section 31, Township 5 North, Range 59 West of the 6th P.M., Morgan County, Colorado. (b) The headgate of the Jackson Lake Reservoir & Irrigation Company is located at a point on the North Bank of the South Platte River 900 feet South and 200 feet West of the center of the Southeast Quarter (SE1/4) of Section 18, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. (3) Source: South Platte River. (4) Date of Initiation of Appropriation: May 19, 1972. (5) Amount Claimed: 323 c.f.s., of which 197.9 c.f.s. is Absolute pursuant to the Case No. W-2692 Decree and pursuant to the Findings of Fact, Conclusions of Law and Decree of the Court entered by the Water Court in and for Water Division No 1 in Case No. 89CW018 on May 15, 1990, and amended on December 3, 1990, and

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the Findings of Fact, Conclusions of Law and Decree of the Court entered by the Water Court in and for Water Division No. 1 in Case No. 96CW116 on May 5, 1999, and 125.1 c.f.s. is Conditional. (6) Use of Water: For recharge and augmentation purposes, as specified by the Case No. W-2692 Decree. Jackson Lake Reservoir and Irrigation Company Water Rights: (7) Decreed Name of Structure: Jackson Lake Reservoir. (8) Previous Decrees: Decree entered in Case No. 2142 by the Weld County District Court on January 15, 1914. Decree entered in Case No. 2142 by the Weld County District Court on May 11, 1915. Decree entered in Civil Action No. 16704 by the Weld County District Court on June 8, 1965. Decree entered in Case No. W-2692 by the Water Court in and for Water Division No. 1 on April 22, 1985. (9) Decreed Point of Diversion: The headgate of the Jackson Lake Inlet Canal is located at a point on the north bank of the South Platte River 900 feet south and 200 feet west of the center of the Southeast Quarter (SE1/4) of Section 18, Township 4 North, Range 61 West of the 6th P.M. Jackson Lake Reservoir is located in Sections 10, 13, 14, 15, 16, 21, 22, 23, 24, 26 and 27, Township 5 North, Range 60 West of the 6th P.M., Morgan County, Colorado. (10) Source: South Platte River. (11) Date of Appropriation and Amount:

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

The water rights described in the Case No. W-2692 Decree were also the subject of Findings of Fact, Conclusions of Law, Judgment and Decree entered by the District Court in and for Water Division No. 1 in Case No. 94CW186 on July 29, 1996, and in Case No. 92CW081 on April 16, 2001. 8. Statement of Plan for Augmentation. Pursuant to Paragraph 30.B. of the Case No. W-2692 Decree, additional alluvial wells may be added to the Augmentation Plan approved in the Case No. W-2692 Decree. The Seiber Well will be augmented on the same terms and conditions as specified for other wells described in the Case No. W-2692 Decree. However, the Fort Morgan Company reserves the right to propose alternative methodologies in this proceeding. The effects on the South Platte River resulting from withdrawals of water through the Seiber Well will be calculated by means of the stream depletion factor (SDF) concept developed by the U. S. Geological Survey (Jenkins) and by means of a digital computer program based upon the SDF method. The SDF values for the Seiber Well, which is part of this plan, were determined from the U.S. Geological Survey Publication entitled "Hydrogeologic Characteristics of the Valley Fill Aquifer in the Brush Reach of the South Platte River Valley, Colorado." For purposes of administration of the Seiber Well pursuant to the Case No. W-2692 Decree, the Seiber Well shall have a Stream Depletion Factor of 1,850 days. Well withdrawals for domestic use, watering of livestock, and dairy operations will be separately determined. For purposes of accounting for the water use, ten percent (10%) of water withdrawn for domestic uses will be fully consumed, one-hundred percent (100%) of water withdrawn for livestock watering will be fully consumed, and five percent (5%) of water withdrawn for dairy operations will be fully consumed. The water applied for irrigation purposes will be determined by metering or by the procedures set forth in the Case No. W-2692 Decree, and the depletions to the South Platte River will be determined pursuant to the procedures of the Case No. W-2692 Decree. 9. Names and Addresses of Owners of Land on which Well is Located: Robert E. Seiber and Edith Seiber, 18374 Morgan County Road 2, Wiggins, Colorado 80654, Telephone: (970) 483-7494. (8 pages)

2001CW103 RONALD E. TOOPS, Henry D. Worley, MacDougall, Woldridge & Worley, P.C. 530 Communication Circle, Suite 204, Colorado Springs, CO 80905-1743. APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUND WATER AND FOR APPROVAL OF PLAN FOR AUGMENTATION ,IN EL PASO COUNTY. I. APPLICATION FOR DENVER BASIN WATER RIGHTS 1. Name, address, telephone number of applicant: Ronald E. Toops, 18355 Table Rock Road, Colorado Springs, CO 80908. Phone number: 719-495-4520. 2. Names of wells and permit, registration, or denial numbers: There are no permitted wells on the property, nor have permits been applied for. 3. Legal description of wells: Up to four wells in each of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers, to be located anywhere on Applicant's 26 acre property, the legal description of which is Lot 3, Block 6,

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Willow Springs Estates subdivision, El Paso County, Colorado (the "Property"). The Property is located in the Cherry Creek drainage in the NW1/4 Section 15, T. 11 S., R. 65 W., 6th P.M. A map of the Property is attached as Figure 1. Applicant waives the 600 foot spacing requirement for all Dawson aquifer wells constructed on the Property. 4. Source: Not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer.

5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Dawson aquifer: 15 g.p.m. per well, 24.1 acre feet annually, absolute;

Denver aquifer: 50 g.p.m. per well, 17.3 acre feet annually, absolute; Arapahoe aquifer: 250 g.p.m. per well, 11.8 acre feet annually, absolute; Laramie-Fox Hills aquifer: 150 g.p.m. per well, 7.3 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to conform to the State Engineer’s Determination of Facts. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells.

7. Proposed use: All beneficial uses including augmentation and exchange. 8. Name and address of owner of land on which well is located: Same as applicant. 9. Remarks: Home Side Lending has a lien against the Property; Applicant has given

notice to Home Side Lending pursuant to the notice provisions of C. R.S. §37-90-137(4)(b.5). II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION

10. Name, address, telephone number of applicant: Ronald E. Toops, 18355 Table Rock Road, Colorado Springs, CO 80908. Phone number: 719-495-4520.

11. Name of structures to be augmented: Up to four Dawson aquifer wells. No other water rights are or will be diverted from these wells.

12. Previous decrees for water rights to be used for augmentation: None. 13. Historic use: Not applicable.

14. Statement of plan for augmentation: Applicant wishes to provide for the augmentation of stream depletions caused by pumping Dawson aquifer wells on as many as four residential lots. Water use criteria for each lot are as follows: indoor uses: 0.27 acre feet annually per single family dwelling which is 10% consumptive.- horses (or horse equivalent): 0.01 1 acre feet annually (1 0 gallons per day) per head, 100% consumptive-, landscape irrigation: 0.046 acre feet annually per 1,000 square feet (2.0 acre feet per acre) per year, 85% consumptive. Consumption attributable to indoor uses is predicated on the use of nonevaporative individual sewage disposal systems ("ISDS"), which shall be required for each lot. Change to any other type of waste water disposal shall require an amendment to the plan for augmentation. Replacements during pumping. Based upon computer modeling, depletions to the South Platte and Arkansas basins combined are expected to gradually increase to a maximum of 15.65% of pumping annually in the 300th year. Each lot shall be limited to pumping of 1.5 acre feet annually, which would result in annual stream depletions, in the 300th year, of 0.23 acre feet per lot. Return flows from a single ISDS will equal 0.24 acre feet annually. Thus, even if all water uses on the Property, other than household uses, are fully consumptive, return flows from ISDS alone are adequate to replace stream depletions during pumping. The only restrictions necessary to ensure that replacements equal or exceed stream depletions are (1) limitation to annual pumping of 1.5 acre feet per well (6.0 acre feet total), and use of ISDS or some other form of wastewater treatment which is no more consumptive. Replacements after pumping. Stream depletions will reach a maximum of 15.75% of average annual pumping when pumping ceases, theoretically in the 300th year, and will decline thereafter. Applicant shall replace injurious post-pumping depletions with the nontributary Denver and Arapahoe aquifer decreed herein, 2410 acre feet of which will be reserved for that purpose. However, Applicant seeks to reserve the right to replace such depletions with any judicially acceptable source of augmentation water upon application and notice as required by law. Applicant further proposes to aggregate all depletions and replace them to the South Platte River drainage in the unnamed tributary of Cherry Creek which flows through the Property. Any final decree entered in this case shall provide that no more than 1.5 acre feet per year may be diverted from each Dawson aquifer well (6.0 acre feet total) absent an amendment to this plan for augmentation. Because depletions will occur in both Water Division 1 and 2, this application is being published in the resume for both water divisions. (3 pages; Map 1 page)

2001CW104 ROBERT M. and SANDRA S. BROUSSARD, 11060 Vollmer Road, Colorado Springs, CO, 80908 (Henry D. Worley, MacDougall, Woldridge & Worley, P.C., Attorneys for Applicants, 530 Communication

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Circle, Suite 204, Colorado Springs, CO, 80905) Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation, IN EL PASO COUNTY. I. APPLICATION FOR DENVER BASIN WATER RIGHTS 1. Name, address, telephone number of applicant: Robert M. Broussard and Sandra S. Broussard, 11060 Vollmer Road, Colorado Springs, CO 80908. Phone: 719-495-2786. 2. Names of wells and permit, registration, or denial numbers: Well permit no. 108731 (the “existing Dawson aquifer well”). It is permitted for household uses only. 3. Legal description of wells: The existing Dawson aquifer well is located in the NW1/4 NE1/4 Section 9, T. 11 S., R. 65 W., 6th P.M., in El Paso County. One well in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers may be located anywhere on Applicants’ 5.05 acre property, the legal description of which is Lot 2, in Block 4, Tablerock Ranch Filing No. 1, El Paso County, Colorado, according to the plat thereof recorded in Plat Book I-2 at Page 95, the street address for which is 19325 Green Sage Drive, Colorado Springs, CO 80908. The Property is located in the Cherry Creek drainage in the NW1/4 NE1/4 Section 9, T. 11 S., R. 65 W., 6th P.M. A map of the Property is attached as Figure 1. 4. Source: Not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer.

5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable.

6. Amount claimed: Dawson aquifer: 15 g.p.m., 4.6 acre feet annually, absolute; Denver aquifer: 50 g.p.m. per well, 3.3 acre feet annually, absolute; Arapahoe aquifer: 250 g.p.m. per well, 2.4 acre feet annually, absolute; Laramie-Fox Hills aquifer: 150 g.p.m. per well, 1.4 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to conform to the State Engineer's Determination of Facts. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells.

7. Proposed use: All beneficial uses including augmentation and exchange. 8. Name and address of owner of land on which well is located: Same as applicant.

9. Remarks: Provident Funding Associates, L.P. has a lien against the Property; Applicants have given notice to Provident Funding Associates, L.P. pursuant to the notice provisions of C.R.S. §37-90-137(4)(b.5). II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 10. Name, address, telephone number of applicant: Robert M. Broussard and Sandra S. Broussard, 11060 Vollmer Road, Colorado Springs, CO 80908. Phone: 719-495-2786. 11. Name of structures to be augmented: The existing Dawson aquifer well. No other water rights are or will be diverted from this well.

12. Previous decrees for water rights to be used for augmentation: None. 13. Historic use: Not applicable.

14. Statement of plan for augmentation: Applicant wishes to provide for the augmentation of stream depletions caused by pumping the existing Dawson aquifer well, which is permitted for household uses only. Water use criteria for the Property are as follows: indoor uses: 0.27 acre feet annually per single family dwelling, which is 10% consumptive; horses (or horse equivalent): 0.011 acre feet annually (10 gallons per day) per head, 100% consumptive; landscape irrigation: 0.046 acre feet annually per 1,000 square feet (2.0 acre feet per acre) per year, 85% consumptive. Consumption attributable to indoor uses is predicated on the use of nonevaporative Individual Sewage Disposal Systems (“ISDS”), which shall be required. Change to any other type of waste water disposal shall require an amendment to the plan for augmentation. Replacements during pumping. Based upon computer modeling, depletions to the South Platte and Arkansas basins combined are expected to gradually increase to a maximum of 6.47% of pumping annually in the 100th year. Pumping from the Dawson aquifer well shall be limited to pumping of 2.0 acre feet annually, which would result in annual stream depletions, in the 100th year, of 0.13 acre feet. Return flows from a single ISDS will equal 0.24 acre feet annually. Thus, even if all water uses on the Property other than household uses are fully consumptive, return flows from the ISDS alone are adequate to replace stream depletions during pumping. The only restrictions necessary to ensure that replacements equal or exceed stream depletions during pumping are (1) limitation to annual pumping of 2.0 acre feet from the existing Dawson aquifer well, and (2) use of ISDS or some other form of wastewater treatment which is no more consumptive. Replacements after pumping. Stream depletions will reach a maximum of 6.47% of average annual pumping at the time pumping ceases, theoretically in the 100th year, and will decline thereafter. Applicants shall replace injurious post-pumping depletions with the nontributary Denver and Arapahoe aquifer water decreed herein, 460 acre feet of which will be reserved for that purpose. However, Applicant seeks to

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reserve the right to replace such depletions with any judicially acceptable source of augmentation water upon application and notice as required by law. Applicant further proposes to aggregate all depletions and replace them to the South Platte River drainage in the unnamed tributary of Cherry Creek. Any final decree entered in this case shall provide that no more than 2.0 acre feet per year may be diverted from the existing Dawson aquifer well absent an amendment to this plan for augmentation. Upon entry of a decree in this case, Applicants shall apply for a new well permit for the existing Dawson aquifer well, consistent with the terms of the plan for augmentation and applicable statutes and rules and regulations of the State Engineer. Because depletions will occur in both Water Divisions 1 and 2, this application will appear in the resumes for both water divisions. (3 pages; Map-1 page)

2001CW105 (W-8771-77, 82CW335, 82CW369 and 94CW183), PARK COUNTY, Will-O-Wisp Metropolitan District (Lee H. Johnson, Donald F. Cutler, Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln Street, Suite 3900, Denver, Colorado 80203-4539, (303) 861-9000; Richard W. Toussaint, Toussaint, Nemer & Coaty, P.C., 3081 Bergen Peak Drive, Suite 210, Evergreen, Colorado 80439, (303) 674-0800) and North Fork Associates, L.L.C. (David C. Lindholm, P.O. Box 18903, Boulder, Colorado 80308, (303) 442-2555). Joint Application for Sexennial Finding of Reasonable Diligence. 2. Name of Structures: Woodside Reservoir. 3. Description of conditional water right: A. Date of Original Decree: December 7, 1978, Case No. W-8771-71, Water Court, Division 1, State of Colorado. B. Location: Woodside Reservoir will be located in the E1/2 SW1/4, of Section 26, Township 6 South, Range 72 West, 6th P.M., Park County, Colorado, on Lots 132 and 133 of Unit 5 of the Woodside Park Subdivision. The outlet of the Reservoir will be located at a point approximately 1,400 feet from the South section line and 2,400 feet from the West section line of said Section 26. C. Source: Elk Creek and an unnamed tributary to Elk Creek. D. Appropriation Date: September 1, 1977 for 50.0 acre feet of water E. Use: Domestic, municipal, irrigation, recreational, light industrial, piscatorial, fire fighting, exchange, commercial and all other beneficial uses. 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 contractual right to use Woodside Reservoir. During the diligence period, Will-O-Wisp has continued the development of its Water Supply System. Activities have included contracting to acquire fee ownership of the Woodside Reservoir conditional water right and reservoir site, continued study and work on the Glasman Ditch No. 2, ongoing operation of the Water Supply System and analysis of increased water supply opportunities. Prior to the diligence period, the District filed for bankruptcy protection. Although the District has emerged from bankruptcy during the diligence period, its ability to spend funds for development of its water supply system remains subject to constraints resulting from the resolution of the bankruptcy proceedings. These constraints have existed during the diligence period and therefore Will-O-Wisp’s diligence activities have been constrained due to the financial difficulties experienced by the District. B. During the diligence period, North Fork Associates, LLC and the Will-O-Wisp District have negotiated concerning conveyance of the Woodside Reservoir conditional water right to the District. Costs have been incurred by both North Fork Associates, LLC and the Will-O-Wisp District in this regard during the diligence period. C. During the diligence period, Will-O-Wisp conducted studies regarding water availability and feasibility regarding Woodside Reservoir. These efforts have included a review of prior engineering reports, core sampling and water availability studies. In addition, Will-O-Wisp has updated flow calculations on Elk Creek for incorporation into the District’s planning process and for use at the Woodside Reservoir site and investigated alternate places of storage for the conditional water right. The District has incurred both legal and engineering expenses during the diligence period in connection with these activities. D. During the diligence period, the District has evaluated prior headgate and diversion structure designs associated with both the Glasman Ditch No. 2 and Woodside Reservoir and has conducted initial engineering updates on said designs. Costs associated with this effort have been incurred by the District during the diligence period. E. By a previous agreement with North Fork Associates, Woodside Reservoir will serve as a forebay for surface water diversions from Elk Creek to the Will-O-Wisp District’s municipal water supply. During the diligence period, Will-O-Wisp has obtained initial estimates of a pump station and pipeline costs and parameters to convey the water from Woodside Reservoir and the Glasman Ditch No. 2 to the District. These engineering studies are ongoing. Costs associated with this activity have been incurred during the diligence period. F. During the diligence period, North Fork Associates, the current owner of Woodside Reservoir, has conducted various environmental investigations, in part, to permit the development of the decreed conditional water right of Woodside Reservoir. Costs associated with these efforts were incurred during the diligence period. G. During the diligence period, the District has initiated easement and permitting activities associated with the construction of the pipeline from the Glasman Ditch No. 2 and Woodside Reservoir site to the District. A pump station and pipe line is necessary to convey water stored at Woodside Reservoir to the District. Costs associated with these activities have been incurred during the diligence period. 5. Water Applied to Beneficial Use: N/A

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WHEREFORE, Will-O-Wisp and North Fork Associates, LLC request the Court to enter its decree and ruling as follows: A. To make a finding of reasonable diligence with respect to the conditional water right decreed for Woodside Reservoir in Case No. W-8771-71, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence. (7 pages)

99CW230 CITY OF LOUISVILLE, c/o Tom Phare, Director of Public Works, 749 Main Street, Louisville, CO 80027. (Michael D. Shimmin, VRANESH & RAISCH, LLP, 1720 - 14th Street, #200, Boulder, CO 80302). Amendment to Application for Change of Water Rights, IN BOULDER COUNTY. The original application in this matter was filed on December 30, 1999 (“Original Application”) for the purpose of adjudicating changes of water rights in three ditches: the Howard Ditch; the Dry Creek No. 2 Ditch; and the Cottonwood No. 2 Ditch. This amendment applies only to the Cottonwood No. 2 Ditch (headgate located in) N1/2N1/2, S2, T1S, R70W, 6th P.M. as there are no changes to the Original Application regarding the Howard and Dry Creek No. 2 Ditches. Subsequent to the filing of the Original Application, Applicant’s consultants refined their analysis of historic use of the 1.0 share of Cottonwood No. 2 Ditch stock. This analysis disclosed that historic diversions and historic consumptive use attributable to this share were slightly higher than the values shown in the Original Application. Accordingly, Applicant seeks to amend the Original Application so as to reflect the somewhat higher numbers for these two values. In particular, Applicant seeks to amend the following items of the Original Application: 1. A portion of Paragraph 3.C. of the Original Application shall be amended to read as follows: By virtue of its ownership of this 1.0 additional share, Louisville is entitled to a pro rata portion of the decreed direct flow right in the amount of 1.685 cfs and a maximum of 52.5 acre feet per year of historic consumptive use. This is an increase from a maximum of 49.7 acre feet per year of historic consumptive use, as claimed in the Original Application. 2. Additionally, Exhibit E attached to the original Application was a summary of historic Cottonwood No. 2 Ditch diversions. The original Exhibit E displayed a total for maximum diversions of 598 acre feet. Applicant’s consultants discovered a computational error in that number. The correct number should be 602 acre feet. A revised and Amended Exhibit E is attached and incorporated to this Amended Application. All other items in the original Application shall remain as published in the December, 1999 resume and all Statements of opposition previously filed in this case shall apply to the Amended Application without the need for further filing. ( 2 pages) 2001CW043 MILE HIGH DUCK CLUB, c/o Wes Segelke, 1720 S. Bellaire St., Ste 300, Denver, CO 80222-4335. Amended Application for Underground Water Rights from Not Nontributary and Nontributary Sources, IN ADAMS COUNTY. 1. Well Permits:

Well permits will be applied for prior to drilling the wells. 2. No specific wells are sought to withdraw ground water from the not nontributary Denver aquifer and the

nontributary Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers underlying the land described in paragraph 9 and below at this time.

All wells are to be located on the applicants land in Sections 1 and 12, Township 1 South, Range 66 West and sections 6 & 7, T1S, R65W, of the 6th P.M., Adams County. No specific locations for the proposed wells are requested. Specific locations will be provided when applications for well permits are submitted.

3. Source of Water Rights:

A. The not nontributary groundwater from the subject property will be withdrawn from the Denver aquifer.

B. The nontributary groundwater from the subject property will be withdrawn from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers.

4. Estimated Amounts, Rates of Withdrawal and Well Depths:

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A. Average Pumping Rates and Well Depths:

Rate Aquifer Depths Upper Dawson aquifer 0 gpm N/A feet Lower Dawson aquifer 0 gpm N/A feet

Denver aquifer 50 gpm 22 feet Upper Arapahoe aquifer 100 gpm 265 feet Lower Arapahoe aquifer 300 gpm 590 feet

Laramie-Fox Hills aquifer 400 gpm 1201 feet Actual pumping rates may vary according to system design and water supply demands.

B. Estimated Average Annual Amounts Available

The estimated average annual amount of withdrawal available from the subject aquifers as indicated below, is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following values and average annual amounts are representative of the referenced aquifers underlying the subject property which is an area of 350 acres. Annual Average Sand Specific Withdrawal Aquifer Thickness Yield (%) (Acre Feet) Upper Dawson - feet .20 - Lower Dawson - feet .20 - Denver 20 feet .17 0.03 Upper Arapahoe 33.9 feet .17 0.06 Lower Arapahoe 102 feet .17 0.17 Laramie-Fox Hills 152 feet .15 0.23 C. The average annual amount available for withdrawal from the subject aquifers will depend upon the

hydrogeology and the legal entitlement of Applicant to all groundwater in those aquifers underlying the described property.

D. The use of not nontributary water from the Denver aquifer shall be subject to judicial approval of an

augmentation plan which will be applied for at such time as a well or wells are proposed to be permitted.

5. Well Fields

Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available ground water in the subject aquifers lying below the land described in paragraph 9 below, through the wells described in paragraph 2 above and any additional wells which may in the future become part of the Applicant’s well fields. Applicant requests that these wells, along with any additional wells completed into the same aquifer, shall be treated as a well field. Applicant further requests that the pumping rates for each of these wells may exceed the nominal pumping rates set forth above to the extent necessary to withdraw the full annual acre-foot allocation of water from the aquifer. However, the subject wells will not exceed the pumping rate specified on the well permit for each well.

6. Proposed Use

All water withdrawn will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: municipal, domestic, industrial, commercial, irrigation, augmentation, stock watering, recreational, fish and wildlife. The water will be produced for immediate application to said uses, for storage

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and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes.

8. Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 5 plus an amount of ground water in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of this decree, which ever occurs first, times the decreed average annual amount for that aquifer. 9. Description of the Land Overlying Subject Ground Water:

Approximately 350 acres of land located in S1 and 12, T1S, R 66 and S 6 & &, T1S, R65W, of the 6th P.M., Adams County, Colorado.

10. Names and Addresses of Owners of land overlying waters claimed here in.

Mile High Duck Club, 1720 S. Bellaire St., Ste 300, Denver, CO 80222-4335 (3 pages-Map 1 page)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of August, 2001 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB 2038, Greeley, CO 80632. REVISED RULINGS ENTERED BY REFEREE LIESMAN ON 06-04-2001 99CW027 JOY YOUNG JEFFERSON PAGES 02 00CW075 CRAIG & DIANA HORWEDEL JEFFERSON PAGES 02 __________________________________________________________________________ RULINGS ENTERED BY REFEREE LIESMAN ON 06-04-2001 00CW103 CITY OF WESTMINSTER JEFFERSON PAGES 07 00CW131 JON SLUTSKY & SUSAN MOORE LARIMER PAGES 02 d/b/a LA LUNA DAIRY, INC 00CW178 BASSETT PROPERTIES DOUGLAS PAGES 13 00CW236 CITY OF FORT COLLINS LARIMER PAGES 06 _________________________________________________________________________ RULINGS ENTERED BY REFEREE LIESMAN ON 06-13-2001 96CW249 CAROLYN HAYES PARK PAGES 03 96CW250 CAROLYN HAYES PARK PAGES 03 96CW251 CAROLYN HAYES PARK PAGES 03 96CW524 WILLIAM & BELINDA ARBOGAST PARK PAGES 03

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96CW533 JAMES & LINDA HENDRIX PARK PAGES 03 96CW538 STEVEN RICHARDSON PARK PAGES 03 96CW551 JOSEPHINE FORTIN PARK PAGES 03 96CW617 EUGENE TOME PARK PAGES 03 96CW623 JILL BOICE PARK PAGES 03 96CW641 DOROTHY & THEODORE RUPEL PARK PAGES 03 96CW644 FLOYD DUNSTAN PARK PAGES 03 _________________________________________________________________________ RULINGS ENTERED BY REFEREE LIESMAN ON 06-14-2001 96CW583 IVAN & HELEN LECK PARK PAGES 03 96CW660 FRANK & SUSAN LAMBERT PARK PAGES 03 96CW677 EDWARD HALE, JR. PARK PAGES 03 96CW697 THOMAS SALLEE PARK PAGES 03 __________________________________________________________________________ RULINGS ENTERED BY REFEREE LIESMAN ON 06-15-2001 96CW701 HUGH & MARINA MILLER PARK PAGES 03 96CW711 VICTORIA SIGLER & SHARON PARK PAGES 03 UNEN 96CW715 JOHN & STEFANIE MALKUT, PARK PAGES 03 ROBERT & ZENIA BUTLER 96CW728 BEVERLY WARD, MARTHA PARK PAGES 03 SMITH & VICTORIA VANNOTE 96CW733 JACK & HELEN SCHOLLE PARK PAGES 03 00CW049 WINKLER CATTLE COMPANY DOUGLAS PAGES 12 00CW081 C.C.W.C.D. AND GROUND MORGAN//WELD PAGES 04 WATER MANAGEMENT SUB- DISTRICT OF THE C.C.W.C.D. 99CW149 JOHN WINDELL & LAURANNE WELD PAGES 04 RINK 99CW150 JOHN WINDELL & LAURANNE WELD PAGES 12 RINK __________________________________________________________________________ RULINGS ENTERED BY REFEREE LIESMAN ON 06-25-2001 97CW164 GLENN & CAROLYN MORALI WELD PAGES 03

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97CW203 RICHARD JUDD PARK PAGES 02 97CW243 JANIE HARPE JEFFERSON PAGES 03 97CW267 LARRY & CLAUDETTE DOUGLAS PAGES 02 POTTHOFF 96CW569 JON YEAGLEY PARK PAGES 03 96CW746 JOHN & MARY LEE DUGAS PARK PAGES 03 96CW748 PAUL HENDRICKS PARK PAGES 03 00CW071 TERRY & MONIQUE DURHAM DOUGLAS PAGES 02 00CW156 MBE LIMITED PARTNERSHIP DOUGLAS PAGES 08 AND CRYSTAL VALLEY PARTNERSHIP

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ORDER DISMISSING APPLICATION ENTERED BY JUDGE HAYS ON 06-01-2001 96CW014 PARK COUNTY SPORTSMEN'S PARK/ PAGES 13 RANCH ___________________________________________________________________________ REVISED DECREE ENTERED BY JUDGE ANDERSON ON 05-23-2001 97CW143 ROBERT & SUZANNE SCHUTT EL PASO/DOUGLAS PAGES 11 WATER DIVISION I CASE 97CW027 ROBERT & SUZANNE SCHUTT EL PASO/DOUGLAS PAGES 11 WATER DIVISION II CASE ____________________________________________________________________________ THIRD REVISED DECREE ENTERED BY JUDGE HAYS ON 06-11-2001 93CW097 RICHARD WARNE ET AL ELBERT PAGES 10 ____________________________________________________________________________ DECREES ENTERED BY JUDGE HAYS ON JUNE 13, 2001 98CW362 PRISCILLA BURNETT PARK PAGES 02 98CW448 CITY OF GOLDEN JEFFERSON PAGES 11 99CW050 JAMES GARRIS WELD PAGES 03 99CW082 WILLIAM & IVA BRATTEBO JEFFERSON PAGES 02 99CW114 HAROLD, SHIRLEY & KEVIN MINNE DOUGLAS PAGES 02 99CW155 BAYNE & PATRICIA PHAGAN DOUGLAS PAGES 02 99CW168 MICHAEL & MARGARET DOUGLAS PAGES 02

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HUTCHINSON 99CW176 ARTHUR & KATHLEEN HASSAN ELBERT PAGES 02 99CW198 CHATFIELD EAST PROPERTY DOUGLAS PAGES 23 OWNERS ASSOCIATION ET AL 00CW021 GARY JACKSON BOULDER PAGES 02 00CW007 HABAKKUK L.L.C. EL PASO PAGES 03 00CW006 HABAKKUK EL PASO PAGES 03 97CW326 CRAIG CUMMING JEFFERSON PAGES 02 _________________________________________________________________________ CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 06-13-2001 99CW110 TORCHBEARERS OF THE LARIMER PAGES 08 CAPERNWRAY FELLOWSHIP AKA RAVENCREST CHALET 99CW194 CASTLE PINES METROPOLITAN DOUGLAS PAGES 09 DISTRICT AND CASTLE PINES NORTH METROPOLITAN DISTRICT 00CW028 PATRICK CONLEY DOUGLAS PAGES 03 ______________________________________________________________________________ CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 06-28-2001 00CW103 CITY OF WESTMINSTER JEFFERSON PAGES 07 ______________________________________________________________________________ DECREES ENTERED BY JUDGE HAYS ON 06-28-2001 00CW079 LEO & DEBORAH HINDERY DOUGLAS/ PAGES 09 EL PASO 00CW130 MICHAEL, AMY, CHRISTOPHER PARK PAGES 03 KELLY KING 00CW131 JON SLUSKY & SUSAN MOORE LARIMER PAGES 02 d/b/a LA LUNA DAIRY, INC 00CW137 STEFANIE LEOB ARAPAHOE PAGES 02 00CW173 KIMBERLY RIVERA, KERIN CURRY, RELLER PAGES 02 KELLY TILTON AND PAMELA CUNNING 00CW178 BASSETT PROPERTIES DOUGLAS PAGES 13 00CW214 ELIZABETH PARK & REC. DIST. ELBERT PAGES 14 00CW236 CITY OF FT COLLINS LARIMER PAGES 06

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01CW010 GRAY CONSTRUCTION COMPANY DOUGLAS PAGES 09

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