August, 2002 Resume Page 1

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 August, 2002. 2002CW158 HERMAN ENDERSON, WCR 24, 10044, Fort Lupton, CO 80621. Application for Change of Water Right, IN WELD COUNTY. Well No. 1-1737 decreed 5/31/2002 in Case No.W-1367, Water Division 1. Decreed point of diversion: Well No. 1-1737 is located 1,307 ‘ W and 781’ 2’’S of the NE corner of S23, T9N, R60W, 6th P.M. Source: Groundwater Appropriation: 5/21/1941 Amount: 1.78 cfs. Historic use: 160 aces in the NE1/4, S23, T9N, R60W, 6th P.M. Proposed change: Irrigate 160 acres in the NE1/4, S23 , and NW1/4 S24, T9N, R60W, 6th P.M. (2 pages) 2002CW159 ROBERT L. AND DEBORAH K. HOCHHALTER, 12245 N. County Road 17, Fort Collins, CO 80524. Application for Water Rights (Surface), IN LARIMER COUNTY. Moonshadow Pond is located in the NE1/4, S10, T9N, R69W, 6th P.M., 2,336.10’ from N and 487.98’ from W. Source: Drainage Stream Appropriation: 8/6/2002. Amount claimed: .045 cfs Use: Irrigation of dryland pasture and minor landscaping around home. Minor livestock watering. Number of acres historically irrigated 0; proposed to be irrigated 8. Legal description of acreage: NE1/4, S10, T9N, R69W, 6th P.M. (2 pages) 2002CW160 LISA HASELHORST, 12102 N. First St., Parker, CO 80134. Application for Underground Water Right, IN DOUGLAS COUNTY. Haselhorst Well #184980 is located in the SW1/4, S7, T6S, R66W, 6th P.M., 535’ from S section line and 270’ from W section line, a/k/a Lot 3, Block 30, Grandview Estates Subdivision. Source: Lower Dawson. Depth: 634’ Appropriation: 2/15/1995 Amount claimed: 15 gpm Proposed use: Area of lawns and gardens irrigated: 10k sq. ft. If non-irrigation describe purpose fully: 1 house, no livestock and 2 domesticated animals. (2 pages) 2002CW161 JAMES E. BYE, 4632 Smith Hill Road, Golden, CO 80403. Application for Water Storage Right, IN GILPN COUNTY. Bye’s Pond is located in the S1/2N1/2 SE1/4, S2, T3S, R72W, 6th P.M., 3400’ from N and 800’ from E section line. Source: Spring fed Stream Appropriation: 9/1999 Amount claimed: 1.2 acre feet. If non-irrigation describe purpose fully: Proposed water retention pond to supply fire fighting efforts for residence. Maximum height of dam in feet: 10. Length of dam in feet: 55 Remarks: Normal stream flow ill be maintained once retention pond is filled. The following person assisted with this application and may be contacted on behalf of the applicant. Edward J. Domagata, 4036 Kalamath Dr., Larkspur, CO 80118,. (2 pages) 2002CW162 IDAHO CREEK, LLC, c/o Virginia Shaw, P.O. Box 1227, Longmont, CO 80502. Application for Water Rights (Surface), IN WELD COUNTY. Shaw Drain No. 1 is located in the SE1/4NW1/4, S29, T2N, R68W, 6th P.M., 2640’ from N and 1950’ from W. Appropriation: 12/31/1967 Amount claimed: 0.25 cfs (CONDITIONAL) Use: Irrigation, recreation, storage, exchange, maintenance, and preservation of wildlife, augmentation, piscatorial, and evaporation. Number of acres historically irrigated: n/a; proposed to be irrigated: 30 acres. Legal description of acreage: The irrigated area will be located in the SW1/4, S29, the NW1/4, S29, and the SE1/4, S20, T2N, R68W 6th P.M If non-irrigation, described purpose fully: The water has been used for recreational and maintenance and preservation of wildlife through duck hunting since appropriation with the piscatorial setting of a quiet stream running through a farm setting. The stream has also been used to water approximately 250 head of cattle during the year. The surrounding area is currently being mined so that in the near future the water may be stored in lined and unlined alluvial ponds from which it may be used for recreational, storage augmentation, evaporation and exchange purposes. (3 pages)

August, 2002 Resume Page 2

2002CW163 Daniel H. Stromberger and Cindy L. Stromberger, 35881 Highway 6, Hillrose, CO 80733, (970) 847-3239 and Jon M. Frazier and Doris A. Frazier, 55345 Cnty. Rd. P., Hillrose, CO 80733, (970) 857-4167 (P. Andrew Jones, Lind, Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley, CO 80631; (970) 353-8819). Application for Change of Water Right., IN MORGAN COUNTY. 2. Name of Structure: Dahms-Hauserman Well No. 7120, decreed March 30, 1978 in W-2969 All-J as follows: a. Legal Description: In the SW 1/4 of the NW 1/4 of Section 1, Township 4 North, Range 55 West of the 6th P.M., Morgan County, Colorado, at a point 2660 feet North and 30 feet East of the SW corner of said Section 1. b. Source: Ground Water. c. Date of Appropriation: May 31, 1954. d. Amount: 3.45 cfs. e. Use: As to the 1/2 interest of Dahms, irrigation of approximately 80 acres in the W 1/2 of NW 1/4 of Section 1, Township 4 North, Range 55 West of the 6th P.M., Morgan County, Colorado. As to the 1/2 interest of Hauserman, irrigation of 72 acres in the NW 1/4 of Section 1, Township 4 North, Range 55 West of the 6th P.M., Morgan County, Colorado. 3. Name of Structure: Hausermann Well No. 38400-F, originally decreed in W-2969-A22J, amended in 90 CW 180 as follows: a. Legal Description: Located in the SE 1/4 of the NW 1/4 of Section 1, Township 4 North, Range 55 West of the 6th P.M., Morgan County, at a point 2559 feet South and 1377 feet East of the Northwest corner of Section 1. b. Source: Ground Water. c. Date of Appropriation: April 15, 1955. d. Amount: 2.44 cfs. e. Use: Irrigation of approximately 80 acres in the West 1/2 of the NE 1/4 and the E 1/2 of the NW 1/4 of the SE 1/4 of Section 1, together with 8 shares of the Lower Platte and Beaver Canal Company. 4. In 1990, Well No. 7120-R was replaced with Well No. 7120-RF, which is located in the SW 1/4 of the NW 1/4 of Section 1, Township 4 North, Range 55 West of the 6th P.M., Morgan County, Colorado, at a point 2570 feet from the North Section line and 30 feet from the West Section line. 5. Applicants Daniel and Cindy Stromberger are successors in interest to Hausermans and own a 1/2 interest in Well No. 7120-RF, and a 100% interest in Well No. 38400-F. In accordance with the W-2969 All-J decree, the Strombergers use water from Well 7120-RF to irrigate 72 acres in the NW 1/4 of Section 1, Township 4 North, Range 55 West of the 6th P.M. In accordance with Case No. 90 CW 180, the Strombergers use water from Well No. 38400-F to irrigate 80 acres in the West 1/2 of the NE 1/4 and the E 1/2 of the NW 1/4 of the SE 1/4 of Section 1, together with 8 shares of the Lower Platte and Beaver Canal Company. 6. Applicants Jon and Doris Frazier are successors in interest to Dahms and own the remaining 1/2 interest in Well 7120-RF. In accordance with the W-2969 All-J decree, the Fraziers use water from Well 7120-RF to irrigate 80 acres in the W 1/2 of the NW 1/4 of Section 1, Township 4 North, Range 55 West of the 6th P.M. 7. Proposed Change: Applicants would like to separate their interests in Well No. 7120-RF. Fraziers will continue to withdraw their 1/2 right from Well No. 7120-RF, which will be decreed to irrigate 80 acres in the W 1/2 of the NW 1/4 of Section 1, Township 4 North, Range 55 West of the 6th P.M. Strombergers will withdraw their 1/2 interest in Well No. 7120-RF from Well No. 38400-F, which will be decreed to irrigate 72 acres in the NW 1/4 of Section 1, Township 4 North, Range 55 West of the 6th P.M. and 80 acres in the West 1/2 of the NE 1/4 and the E 1/2 of the NW 1/4 of the SE 1/4 of Section 1, together with 8 shares of the Lower Platte and Beaver Canal Company. Total acres irrigated by Well No. 7120-RF and Well No. 38400-F will be unchanged. 8. Well No. 7120-RF is located on land owned by the Fraziers. Well No. 38400-F is located on land owned by the Strombergers. 2002CW164 JOHN WALDRON, 6418 W. Jackson Creek Road, Sedalia, CO 80135. (Gary Levin, Esq., 216 Comanche Street, PO Box 9, Kiowa, CO 80117) Application for Underground Water Right, IN DOUGLAS COUNTY. Miller Well #88934A is located in the SE1/4SW1/4, S16, T8S, R68W, 6th P.M. 100’ from S and 1335’ from W. Source: Groundwater Depth: 480’ Appropriation: 1971 Amount claimed: 8 gpm Use: Domestic (3 pages) 2002CW165 CENTENNIAL ESTATES, L.L.C. Attn: Eric Chekal, 9145 East Kenyon Ave., Suite 202, Denver, CO 80237. (303-843-9742) (Robert E. Schween, Robert E. Schween P.C., P.O. Box 262104, Littleton, CO 80163-2104 Phone: 303-470-5150 Facsimile: 303-470-3103. Application for Approval of Plan for Augmentation for Use of Not-Nontributary Lower Arapahoe Aquifer Ground Water, IN WELD COUNTY. BY THIS APPLICATION, Applicant Centennial Estates, L.L.C., a Colorado limited liability company, seeks a plan for augmentation to augment modeled stream depletions caused by well withdrawals of not-nontributary ground water in the Lower Arapahoe aquifer it owns underlying certain property in Weld County, Colorado. Such plan is designed to comply with the requirements of § 37-90-137(9), C.R.S.

August, 2002 Resume Page 3

1. Name and Address of Applicant: Centennial Estates, L.L.C. Attn: Eric Chekal 9145 East Kenyon Ave., Suite 202 Denver, Colorado 80237 [303-843-9742] 2. Background: A. The property overlying the not-nontributary Lower Arapahoe aquifer ground water to be withdrawn pursuant to the augmentation plan requested herein is 235 acres, more or less, in Section 29, Township 2 North, Range 66 West of the 6th P.M., in Weld County, as shown on the General Location Map, Exhibit A, and described in Exhibit B hereto ("the Property"). Such Property is owned by the Applicant, Centennial Estates, L.L.C. B. All Denver Basin aquifer ground water rights related to this application underlying the Property were decreed in the name of ALE Partnership, a Colorado Partnership, in Case No. 00-CW-138, Water Division 1, entered on February 8, 2001. Applicant Centennial Estates, L.L.C., now either owns all such ground water or has the consent of the ground water owner to develop and use same and to pursue the adjudication sought hereby. 3. Names of Structures to be Augmented:

A. By this application, Applicant seeks to construct a central water system to serve up to a maximum of 80 homes to be located on the Property. The number of lots may be reduced somewhat, depending on final build-out plans and approvals. The ground water withdrawn from the Lower Arapahoe aquifer will be blended with nontributary ground water to be withdrawn from the Laramie-Fox Hills aquifer underlying the Property and such sources will together serve as the domestic water supply for such planned residences. B. Well permit applications have not been submitted at the time of this application. The Water Court has jurisdiction over this application. §§ 37-90-137(4) and -137(9), C.R.S. 4. Previous Decrees for Water Rights To Be Used for Augmentation Source: A. Decrees and Amounts: The Ruling and Decree in Case No. 00-CW-138, Water Division 1, adjudicated nontributary and not-nontributary ground water underlying the Property. Certain of these adjudicated water rights are to be used as sources of replacement water in this augmentation plan by means of generated return flow credits. The average annual amounts decreed in Case No. 00-CW-138 are as follows: Decreed Ave. Aquifer Acreage Type Ann. Amount Total Volume Lower Arapahoe 235 NNT 20.8 AF 2080 AF Laramie-Fox Hills 235 NT 46.2 AF 4682 AF

B. The above decreed ground water rights Applicant’s underlie property located in Township 2 North, Range 66 West of the 6th P.M., in Weld County. The Property is described as follows:

All of the SE ¼ and Parcel A of Recorded Exemption No. 1309-29-3-RE1123, recorded January 09,1989, in Book 1221, at Reception No. 2167498, being a portion of the East ½ of the Southwest ¼, Section 29, Township 2 North, Range 66 West of the 6th P.M., Weld County, consisting of 235.12 acres, more or less. See Exhibit A, General Location Map, and Exhibit B, Property legal description.

B. Decreed Uses: Reuse and successive uses for all municipal purposes including domestic, industrial, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection, and sanitary purposes, including the right to use, reuse, and successively use such

August, 2002 Resume Page 4

water to extinction. Further, such water may be stored for subsequent use and may be used for augmentation, exchange, and replacement purposes. C. Land Area: No part of the Property lies within a designated ground water basin. The land area for which this plan for augmentation is sought is all of the Property, which is 235 acres as shown at Exhibit A and described in Exhibit B, hereto. 5. Statement and Description of Plan for Augmentation: A. Source of Augmentation Water. (1) The augmentation sources for this plan during the period of well pumping will be return flows of (a) fully augmented not-nontributary ground water in the Lower Arapahoe aquifer; and (b) nontributary ground water in the Laramie-Fox Hills aquifer underlying the Property. See Exhibit A. Such sources may be available by direct discharge to the stream system, by percolation and return to the stream system after land application, and by rapid infiltration. (2) The augmentation sources for this plan during the post-pumping period will be reserved nontributary Laramie-Fox Hills aquifer ground water as decreed in Case No. 02-CW-032, Water Division 1. Such nontributary ground water, owned by Applicant, will be reserved in an amount that will insure that all post-pumping stream depletions are replaced. Such ground water underlies property owned or controlled by Applicant in Section 22, Township 1 South, Range 67 West of the 6th P.M., in Adams County, Colorado. (3) The average amounts of ground water available for well use and augmentation purposes are as described below. All such ground water has been decreed in the above referenced decree, Case No. 00-CW-138, Water Division 1, and all such ground water underlies Applicant’s 235-acre parcel: Aquifer Average Annual Amount (AF) (100 Yr.) (300 Yr.) Lower Arapahoe 20.8 6.9 Laramie-Fox Hills 46.2 15.4 B. Use of Water Under This Application. (1) Under this application, Applicant intends to withdraw a maximum of 6.9 acre-feet per year of Lower Arapahoe aquifer ground water and 15.4 acre-feet per year of Laramie-Fox Hills aquifer ground water to serve certain purposes on the Property. It is contemplated that such ground water will be withdrawn through several wells located on the Property, specifically on land owned by Applicant or on land dedicated for such purpose. Such water will be stored in a central water supply tank and used to serve the in-house, domestic needs of the residences to be built on the Property. (2) All outside irrigation uses under this plan, e.g., lawn and garden watering and greenbelt irrigation, will be supplied by a decreed irrigation well (Case No. W-4526). Withdrawals from this well are and will continue to be fully augmented. (3) A preliminary study indicates that in any given year, up to the full 22.3 acre-feet may be used to serve the domestic needs of the planned 80 single family residences on the Property. Further, approximately 1.350 cfs from a decreed and augmented alluvial located on the Property will be available as needed to serve the outside irrigation demands of the planned community. Applicant reserves the right to revise these estimates as additional data are known or as the build-out plans for the development are modified.

August, 2002 Resume Page 5

(4) A portion of the total domestic supply for such demand will be the decreed not-nontributary ground water in the Lower Arapahoe aquifer underlying the Property, as described herein. Total average annual Lower Arapahoe aquifer withdrawals under this plan will not to exceed 6.9 acre-feet. C. Modeled Stream Depletions: South Platte River. (1) During the Pumping Period: The maximum stream depletion during the pumping period (300 years maximum) is approximately 6.4 acre-feet per year, based on a maximum depletion factor of 91.74 % of the amount pumped and an annual withdrawal of 6.9 acre-feet per year for a 300-year span. It is likely that actual stream depletions will be less than the maximum modeled/calculated depletions. (2) During the Post-Pumping Period: Pumping from the Lower Arapahoe aquifer at this location for 300 years results in maximum depletions to the stream system of 91.74% of the annual amount pumped. Such maximum depletion occurs at approximately 300 years after commencement of pumping. See Stream Depletion Table 1, Exhibit C hereto. (3) An accounting will be made of stream depletions which are replaced in the pumping period. Only that amount of stream depletions which occur during the post-pumping period will be replaced with reserved nontributary ground water. (4) All replacements made in this plan are of actual modeled depletions. D. Replacement of Stream Depletions During Pumping Period: Studies show that of the total amount of water used for domestic purposes, approximately 90% will percolate and return to the stream system when non-evaporative septic waste-water systems are employed. Accordingly, the maximum amount of return flows generated annually by such domestic use will be as follows:

(1) Maximum Annual Amount Pumped for Domestic Use: (80 SFE x .28 AF/SFE) 22.3 AF/Yr.

Percent Percolating to Stream System: 90 % Return Flow Generated: 20.1 AF/Yr. (2) Such return flows will be adequate in quantity to replace modeled maximum actual stream depletions, illustrated as follows: Total Annual Return Flow Generated: (From subparagraph (1), immediately above) 20.1 AF/Yr. Maximum Modeled Annual Stream Depletion: (6.9 AF/Yr. x 91.74%) 6.4 AF/Yr. Excess Annual Generated Return Flow: 13.7 AF/Yr. (3) Applicant will account for such replacement water on an accounting form that is deemed acceptable to the Division Engineer. (4) To the extent that measured return flows exceed the quantities needed to augment the projected stream depletions, Applicant reserves the right to apply for alluvial wells in the South Platte River basin to recapture and reuse such excess returns. E. Replacement of Modeled Stream Depletions During the Post-Pumping Period:

August, 2002 Resume Page 6

(1) Applicant reserves the right to claim and demonstrate that the impact of post-pumping stream depletions are wholly de minimis and non-injurious and need not be replaced under the law. § 37-90-137(9), C.R.S. (2) If such stream depletions are determined to be injurious and replacement is required, Applicant will reserve for such purpose enough nontributary ground water in the Laramie-Fox Hills aquifer, as described above, to replace all such stream depletions that are owed to the stream at the time well pumping ceases. F. Summary of Augmentation Plan: (1) Up to 2080 acre-feet may be produced from wells into the Lower Arapahoe aquifer as contemplated for this project (6.4 AF/year for 300 years). The estimated average pumping rate for the wells to be constructed into the Lower Arapahoe aquifer at this location is approximately 250 gpm. Actual pumping rates may vary according to aquifer production capability at a particular location or well design.

(2) During the pumping period, modeled depletions to the affected stream system from such ground water production may reach a maximum of about 6.4 acre-feet per year from all wells withdrawing Lower Arapahoe aquifer ground water. (3) Return flows to the South Platte River basin from the planned uses of such ground water, along with the concomitant use of nontributary Laramie-Fox Hills aquifer ground water, will exceed 20 acre-feet per year from domestic use waste-water returns, and will, therefore, adequately replace all projected stream depletions caused by such pumping. 6. Administration of Plan for Augmentation: The Applicant shall install and maintain such measuring devices and maintain such accounting forms as necessary to demonstrate the adequacy of Applicant's augmentation efforts as a minimum requirement for administration of its augmentation obligations hereunder. Applicant shall make reports to the Water Division 1 Engineer, annually or as required. 7. Retained Jurisdiction: A. Applicant requests the Court to retain jurisdiction for a period to be determined at the entry of the decree to protect against injury to other water rights. Applicant requests that any party or entity invoking such retained jurisdiction must make a prima facie case that injury to its water rights has been actually caused by Applicant's withdrawals or operation of this plan for augmentation. B. Applicant requests that the Court retain jurisdiction to resolve any controversy which may arise with respect to well construction, well location(s), and amount, timing, and location of replacements to be required hereunder. C. Applicant requests the Court to retain jurisdiction to allow Applicant to file a separate application for the recapture and reuse of the excess return flows and to cancel or rescind that portion of this plan that no longer operates if the requirement to augment post-pumping stream depletions is rescinded or desists. 8. Miscellaneous: The land upon which the proposed Lower Arapahoe aquifer wells will be located is owned either by the Applicant or by persons or entities who are participating in and have consented to the development of the land as contemplated herein. Ownership or the consent to use all ground water underlying such Property will remain in the Applicant and shall be reserved to the Applicant or its successors.

August, 2002 Resume Page 7

WHEREFORE, Applicant Centennial Estates, L.L.C., asks the Court to enter a decree in this matter granting the application sought herein, and specifically determining: (1) That Applicant's Lower Arapahoe aquifer ground water withdrawals hereunder may be augmented with water accruing to the stream from domestic uses of such ground water in the development to be located on Applicant’s Property; (2) That granting this application will not injuriously affect the owners or persons entitled to use water under vested water rights or decreed conditional water rights; and (3) That jurisdiction will be retained for the following purposes: (a) On the question of injury to other water rights; (b) To allow Applicant or its successor(s) to file a separate application to claim, recapture, and reuse its excess consumptive use return flow credits; and (c) To allow Applicant or its successor(s) to cancel or rescind that portion of this plan dedicated to post-pumping augmentation in the event such augmentation is found to be unnecessary. FURTHER, Applicant prays this Court grant this and such other relief as it deems proper and necessary. Table of Exhibits Exhibit No. Description

A General Location Map.

B Property Legal Description.

C Modeled Stream Depletion Table. 2002CW166 CALVIN C. AND MARY D. PHILLIPS, 22303 Red Feather Lakes Road, Red Feather Lakes, CO 80545. Application for Underground Water Right, IN LARIMER COUNTY. Phillips Well No. 1-99535 is located in the NE1/4SW1/4, S34, T10N, R72W, 6th P.M, 1600’ from S and 2420’ from W Source: Fractured and decomposed granite Depth: 310’ Appropriation: 9/13/1978 Amount: 1.0 gpm Use: Household use only . (3 pages) 2002CW167 SONIA K. BROSTROM-LUNDQUIST AND GARY M. LUNDQUIST, 12006 N. Antelope Trail, Parker, CO 80138-8202. Application for Underground Water Right, IN DOUGLAS COUNTY. Broslun Well #89132 is located in the SE1/4SW1/4, S12, T6S, R66W, 6th P.M., 440’ from S and 2200’ from W section line, a/k/a Ponderosa Hills, Lot 26, Block 17, Filing 1. Source: Dawson Aquifer Depth: 207’ Appropriation: 3/30/1977 Amount claimed: 6/30/1977 Amount claimed: 12 gpm Name of Aquifer: Dawson Amount claimed in a/f annually: one Use: Irrigation of .33 acres of lawn and gardens in the SE1/4SW1/4, S12, T6S, R66W, 6th P.M., 450’ from S section line and 2200’ from W line. (3 pages) 2002CW168 DAVID J. RAY, 29030 Richmond Hill Road, Conifer, CO 80433. Application for Change of Water Right, IN PARK COUNTY. Upper Tyler Ditch decreed 1913. Location: NE1/4 NE1/4 NE1/4, S19, T7S, R73W, 6th P.M. Source: Ben Tyler Gulch-David Mans Gulch Appropriation: 7/15/1885 Amount: .37125 cfs Historic use: Original 1 cfs irrigated 40 acres in the NE1/4 S19 , NW1/4 S20, and the SW1/4 S17. Proposed change: SE1/4SW1/4, S17, T7S, R73W, 6th P.M. Park County, 700’ from S and 1900’ from W. (2 pages) 2002CW169 VALERIE WAKEFIELD, 1074 Hy-Vu Drive, Evergreen, CO 80439. Application for Underground Water Right, IN CLEAR CREEK COUNTY. Valerie’s Well #189624 is located in the NW1/4SW1/4, S11, T4S, R72W, 6th P.M., 450’ from W section line and 2595’ from the S section line, a/k/a Lot 211, Filing 3, Hyland Hills Subdivision. Source: Ground water Depth: 652’ Appropriation: 2/14/1996 Amount claimed: 7 gpm Use: Household use only. (2 pages) 2002CW170 JAMES H. AND GERALDINE B. MAC DERMOTT, 13974 Travois Trail, Parker, CO 80138-8635. Application for Underground Water, IN DOUGLAS COUNTY. Well #63879 is located in the NE1/4NE1/4, S2, T6S, R66W, 6th P.M., 100’ from N and 3’ from E section line. Source: Dawson Depth: 210’ Appropriation: 7/6/1972 Amount claimed: 7 gpm Use: Irrigation of 8250 sq. ft

August, 2002 Resume Page 8

of lawns and gardens in the NE1/4NE1/4, S2, T6S, R66W, 6th P.M. If non-irrigation, describe purpose fully: Single Family Dwelling, Livestock. (3 pages) 2002CW171 JACK W. AND HELEN M. BROCKMAN, 3810 S. Fenton Street, Denver, CO 80235. Application for Underground Water Right, IN JEFFERSON COUNTY. Stephen H. Leonhardt, Bernard F. Gehris, 6400 S. Fiddlers Green Circle, Suite 1030, Englewood, CO 80111. Phone Number: (303) 796-2626 Fax Number: (303)796-2777 Email: sleonhardt@bfw-law.com and bgehris@bfw-law.com

1) Name of Applicants:

Mailing address and telephone number:

3810 S. Fenton Street Denver, CO 80235

2) Name of Structure: Brockman Well No. 1, constructed pursuant to State Engineer’s Permit No. 77982.

3) Description of Well:

A) Location - Legal Description:

Located in the NW1/4, SW1/4, Section 6, Township 7 South, Range 70 West, 6th Principal Meridian, at a distance of 2090 feet from the South section line and 1240 feet from the West section line of said Section 25 in Jefferson County, on a 1.37 acre tract of land owned by the Applicants (street address: 13511 Callae Drive, Conifer, Colorado 80433).

4) Source of Water:

A) Groundwater tributary to the North Fork of the South Platte River, tributary to the South Platte River.

B) Depth of Well: 430 feet.

5) Appropriation:

A) Date of Appropriation: August 1, 1974.

B) How appropriation was initiated: by application to the State Engineer for a well permit.

C) Date water was applied to beneficial use: February 18, 1975.

6) Amount claimed: 15 gallons per minute, absolute.

7) Use: Domestic exempt well pursuant to C.R.S. § 37-92-602 (1)(b), to be used for household use only in a single-family dwelling not including irrigation, The return flow from such use shall be returned to the same stream system in which the well is located.

8) Name and address of owners of the land upon which any structure is or will be located, and upon which the water will be placed to beneficial use: Applicants, Jack W. and Helen M. Brockman, 3810 S. Fenton Street, Denver, CO 80235.

9) Remarks: Copies of the Well Permit and Statement of Beneficial Use are attached hereto and incorporated by reference. Though this well is permitted as a domestic exempt well pursuant to C.R.S. § 37-92-602 (1)(b), the above described property also is included within, and is eligible to participate in a plan of augmentation decreed on March 10, 1977, in Case No. W-8259-76 (Water Division No. 1).

August, 2002 Resume Page 9

WHEREFORE, Applicants request that this Court enter a decree:

1) Granting the application herein; and

2) Specifically determining:

A) That the Brockman Well No. 1 meets the criteria for an exempt well under C.R.S. § 37-92-602 (1)(b) and C.R.S. § 37-92-602 (3)(b)(II)(A); and

B) That the Brockman Well No. 1 be awarded its original priority date of August 1, 1974 pursuant to C.R.S. § 37-92-602(4); and

3) Granting such further relief as this Court deems just and proper. 2002-CW-172 Central Colorado Water Conservancy District and Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (Central) 3209 West 28th Street, Greeley, Colorado 80631, (970) 330-4540 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631). Application for Change of Water Rights in Boulder and Weld Counties. 2. Decreed Name of Structure: Union Reservoir a/k/a Calkins Lake (20.5 shares). 3. Previous Decrees: Applicant seeks to change 20.5 shares (shares) in the storage rights decreed to Union Reservoir, a storage reservoir sometimes known as Calkins Lake. Union Reservoir is owned by the Union Reservoir Company, a nonprofit mutual reservoir company incorporated in Colorado. Union Reservoir is located in portions of Sections 30, 31 and 32, T3N, R68W of the 6th P.M. and Sections 5 and 6, T2N, R68W of the 6th P.M., Weld County, Colorado. The feeders of Union Reservoir are the Oligarchy Ditch which diverts water from St. Vrain Creek, and a ditch from Spring Gulch, which collects drainage water and discharges into St. Vrain Creek. The Oligarchy Ditch headgate is located on St. Vrain Creek in the NE1/4 of Section 27, T3N, R70W of the 6th P.M., Boulder County, Colorado at a point whence the East quarter corner of said Section 27 bears South 27�26' East a distance of 560 feet more or less; the East line of the NE1/4 of said Section 27 as bearing North 00�32'42" West with all bearings relative thereto. The head of the ditch from Spring Gulch is located in Weld County, Colorado at a point whence the Southwest corner of Section 31, T3N, R68W of the 6th P.M. bears South 12� West a distance of 800 feet. The outlet of Union Reservoir is on Spring Gulch near its confluence with St. Vrain Creek. Union Reservoir has the following absolute storage rights decreed to it: Adjudication Appropriation Case No. Date Date Amount C.A.4790 3/13/1907 10/6/1902 13,219 W-7486 3/11/1977 5/1/1973 5,879 The above water rights were originally adjudicated for agricultural purposes but all 250 shares in the Union Reservoir Company, including the 20.5 shares owned by Applicant, were changed to augmentation, replacement, exchange, municipal and other uses by the City of Longmont in Case m 87CW222. 4. Historic Use: Water from the shares has historically been used as supplemental irrigation water to irrigate lands below the Bijou Canal, Union Ditch and Latham Ditch. Union Reservoir water was released and conveyed down St. Vrain Creek and into the South Platte River for delivery to these ditches. The representative distribution of Union shares among the ditches was Bijou Canal, 98.25 shares (39%); Union Ditch, 131 shares (52%); and Latham Ditch, 20.75 shares (8%). Central's 20.5 shares were derived as follows: Bijou Canal, 2.5 shares; Union Ditch, 15.0 shares; and Latham Ditch, 3 shares. It has been decreed in Case m 87CW222 that average annual releases from Union Reservoir to the St. Vrain Creek over a representative study period (1929 through 1972) were 3,827 acre feet (15.3 acre feet/share) and that the historic use of the shares resulted in an average historic consumptive use of 50% of reservoir releases and the remaining 50% of releases is attributable to return flows and ditch losses. 5. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement and exchange for use by Applicant, as well as the decreed changes in Case m 87CW222, with the

August, 2002 Resume Page 10

right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Since the historic use of the shares and the terms and conditions for use of the shares for augmentation, replacement and exchange have already been decreed in Case m 87CW222, Applicant is merely seeking Court confirmation of it’s right to make such uses itself on the same terms and conditions. 6. Name and Address of Owners of Structures: The Union Reservoir is owned by the Union Reservoir Company, C/O Donna Coble, Secretary, 1025 9th Avenue, #309, Greeley, CO 80632. 2002CW173, CONCERNING THE APPLICATION FOR WATER RIGHTS OF DEBROUILLARDE RESOURCES, LLC, APPLICATION TO MAKE CONDITIONAL RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 1. Name, address and telephone number of Applicant: Debrouillarde Resources, LLC, 98 S. Rogers Way, Golden, Colorado 80401 (303) 215-9550 (Carmen Hall, Petrock & Fendel, PC, 700 Seventeenth Street, Suite 1800, Denver, CO 80202 (303) 534-0702). 2. Decree Information: Decreed on August 19, 1998 in Case No. 85CW395, District Court, Water Division 1. The period of diligence which is the subject of this application is from date of decree in Case No. 94CW132 being August, 1996. 3. Name of structure: McKay-Plainview Pond 4. Source of water: Natural runoff and overflow from McKay-Plainview Spring 5. Date of appropriation: November 27, 1985 6. Amount: 5 acre-feet (conditional) 7. Location: In the NE¼ NE¼ of Section 13, T2S, R71W of the 6th P.M., approximately 500 feet from the East and 500 feet from the North section lines of said Section 13. 8. Uses: Irrigation, domestic, fire protection and stockwatering. APPLICATION TO MAKE ABSOLUTE 9. Applicant requests that the conditional water right of 5 acre-feet be made absolute for stockwatering only. The conditional right was put to beneficial use for stockwatering purposes beginning in 1995. In the alternative and if this amount is not made absolute, Applicant requests that a diligence finding also be made to continue this amount 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 has 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. Those activities include but are not limited to the following: A. Applicant purchased the structure and water rights which are the subject of this application in December, 1998. Since that time, Applicant has continued to maintain and repair the structure, and store the water when in priority. B. During the period that Applicant has owned and operated the pond (including a prior period in 1995), the land adjacent to the pond has been leased for grazing and the pond has been utilized for stockwatering purposes. At present, the land is being grazed with 80 cattle and 2 bulls. The water right was first put to beneficial use for stockwatering uses in 1995 and has continued to be used for that purpose since that time. WHEREFORE, Applicant prays that this Court enter a decree finding that Applicant has made the conditional water right absolute for stockwatering use, has exercised reasonable diligence in the development of the remaining conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. 2002CW174, CONCERNING THE APPLICATION FOR WATER RIGHTS OF NORMAN F. MEYER AND NORMAN F. MEYER, II, AND HUNT PROPERTIES, INC., APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 1. Name, address and telephone number of Applicants: Norman F. Meyer and Norman F. Meyer, II, 9345 Highway 285,Conifer, Colorado 80433 (303) 697-4133, and Hunt Properties, Inc., 8235 Douglas Ave., Suite 1300, Dallas, Texas 75225 (214) 360-9600 (Frederick A. Fendel, III and Carmen S. Hall, Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, CO 80202). 1. Decree information: Decreed on November 7, 1995, in Case No. 94CW276, District Court, Water Division 1. 2. Name of structures and description of conditional water rights: A. Well No. 1, located NW1/4 SE1/4, Section 12, Township 6 South, Range 71 West, 6th P.M. 2342 feet from the east section line, 2497 feet from the south section line. B. Well No. 2, located NW1/4 SE1/4, Section 12, Township 6 South, Range 71 West, 6th P.M. 2328 feet from the east section line, 1878 feet from the south section line. C. Well No. 3, located NW1/4 SE1/4, Section 12, Township 6 South, Range 71 West, 6th P.M. 1720 feet from the east section line, 2026 feet from the south section line. D. Well No. 4, located NW1/4 SE1/4, Section 12, Township 6 South, Range 71 West, 6th P.M. 1902 feet from the east section line, 1458 feet from the south section line. a. Rate of flow: 20 GPM per well (conditional).b. Priority Date: September 13, 1994. c. Source: Ground water wells tributary to South Turkey Creek.. Uses:

August, 2002 Resume Page 11

Commercial, domestic, irrigation, fire protection, piscatorial, aesthetic and augmentation of out-of-priority diversions for such uses. Water is used directly or following storage. E. Meyer Spring No. 9. a. Legal Description: NW1/4 SE1/4, Section 12, Township 6 South, Range 71 West, 6th P.M. at a point north 00 degrees, 22 minutes east 1932.02 feet thence north 35 degrees 24 minutes east 641 feet from the south ¼ corner of Section 12. b. Amount: .0444 CFAs (20 GPM) (conditional). c. Priority Date: September 13, 1994. d. Source: Natural Springs. Uses: Commercial, domestic, irrigation, fire protection, piscatorial, aesthetic and augmentation of out-of-priority diversions for such uses. Water is used directly or following storage. F. Aspen Park Gallery No. 1 a. Legal Description: NW1/4 SE1/4ection 12, Township 6 South, Range 71 West of the 6th P.M., 1435 feet from the east section line, 2207 feet from the south section line. b. Amount: 50 GPM (conditional). c. Priority Date: September 13, 1994. d. Source: South Turkey Creek. e. Uses: Commercial, domestic, irrigation, fire protection, piscatorial, aesthetic and augmentation of out-of-priority diversions for such uses. Water is used directly or following storage. G. Meyer Pond. a. Legal Description: NE1/4, Section 12, Township 6 South, Range 71 West, 6th P.M. 881 feet from the east section line, 1096 feet from the north section line. b. Amount: 4.06 acre-feet (conditional). c. Priority Date: September 13, 1994. d. Source: An unnamed watershed tributary to South Turkey Creek and by pump from the wells, spring and gallery described above. e. Uses: Commercial, domestic, irrigation, fire protection, piscatorial, aesthetic and augmentation of out-of-priority diversions for such uses. Water will be used directly or following storage, or to augment diversions through the wells, spring and gallery described above, under the decreed augmentation plan.H. Conditional Right of Exchange. a. Points of Diversion: Meyer Spring No. 9, Aspen Park Gallery No. 1, and Meyer Pond. b. Point of Release of Substitute Supply: Confluence of Bear Creek and the South Platte River, located in the NW1/4, Section 4, Township 5 South, Range 68 West, 6th P.M., Arapahoe County. c. Rate: 1 c.f.s. (conditional). d. Amount: 4.06 acre-feet (conditional). e. Priority Date: September 13, 1994. f. Source of Substitute Supply and Description of Exchange: Mountain Mutual Reservoir Company water released to the confluence of Bear Creek and the South Platte River. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 3. 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, Applicants and other parties have 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, including expenditures for legal, consulting, and engineering work. As well, Applicants are the owners of several other conditional water rights and all of Applicants’ conditional water rights are part of an integrated and unified water supply system, and diligence activities associated with any individual conditional water right is diligence on the entire unified water system. During this diligence period, Applicants have continued to be diligent in the development of property on which the water will be put to beneficial use, and the conditional water rights which are the subject of this application. The following summarizes said activity: A. The land on which the water rights which are the subject of Case No. 94CW276 will be used is approximately 17 acres which will be developed into a commercial development. Applicant Norman F. Meyer completed a similar water supply plan in Case No. 95CW291 to provide a water supply for commercial use on an adjacent parcel of land, and the two decrees will basically be operated in conjunction. As well, in Case No. 99CW14, the original decree in Case No. 94CW276 was revised to include the ability to irrigate part of the development in addition to providing a commercial water supply. B. Well No. 3 was constructed and pumped on January 5, 1999, under MH-35393. The cost of constructing the well and installing the pump was approximately $6785.00. The well is currently operated under Well Permit No. 56053-F. A condition of that permit states that the combined maximum annual amount of ground water to be appropriated by this well and wells no. 1, 2, 4, the Aspen Park Gallery No. 1, and the Meyer Spring No. 9, all decreed in Division 1, Water Court Case No. 94CW276 shall not exceed 19.22 acre-feet. C. Applicant Norman F. Meyer and Norman F. Meyer, II, have been the owners of the property on which the conditional water rights have been used since the date of the decree. However, during the diligence period the property has been under separate contracts for purchase and development by Bailey Nelson and Kenneth Hutchison, Regency Realty Corporation, and Hunt Properties, Inc., which contracted to purchase the property in at the end of 2000 and is the current developer of the property. During the diligence period Nelson, Hutchinson, and Regency Realty Corporation, completed planning and engineering studies associated with the development of the commercial property. D. Since the end of 2000, Hunt Properties, Inc., has expended approximately $135,714.00 in planning, engineering, and other activities related to the development of the property and associated use of the conditional water rights.

August, 2002 Resume Page 12

Such work and associated studies have included employment of land surveyors, legal counsel (including water, real estate, and special district), civil engineers, geo-technical consultants, and architects, among others. During this period Hunt Properties, Inc. has completed the design of a wastewater facility to serve the property and is continuing in the permitting process for said facility, received approval from the county for formation of a metropolitan district which will be responsible for operation of the augmentation plans and treatment plant which will serve the property, and received approvals for ingress and egress to the property by the Colorado Department of Transportation. As well, Hunt Properties, Inc. has been successful in obtaining an anchor tenant for the commercial development. These and other activities are necessary in order to put the conditional water rights to beneficial use. E. Each month during the diligence period, legal counsel for Applicants or other parties with an interest in the property or water rights, have reviewed the resume of applications as published by the Water Clerk for Water Division 1 and advised Applicants or the other parties whether Statements of Opposition need to be filed to protect the water rights. F. This application contains a summary of areas of activity undertaken in pursuance of the water rights and other activities may be presented. WHEREFORE, Applicants, Norman F. Meyer, Norman F. Meyer, II, and Hunt Properties, Inc., prays that this Court enter a decree finding that Applicants have exercised reasonable diligence in the development of the conditional water rights, continuing the conditional water rights in full force as decreed, and for such other and further relief as this Court deems just and proper. 2002CW175 SOUTH SUBURBAN PARK AND RECREATION DISTRICT. ( Evan D. Ela, Collins Cockrel & Cole, a professional corporation, 390 Union Boulevard, Suite 400, Denver, Colorado 80228. (303) 986-1551 (303) 986-1755 (fax) E-mail: candcpc@aol.com.) APPLICATION FOR WATER RIGHTS , IN ARAPAHOE COUNTY. 1. Applicant: South Suburban Park and Recreation District, 6631 South University

Boulevard, Centennial, Colorado 80121, (303-798-5131). 2. Structures: Cherry Knolls Irrigation System consisting of Cherry Knolls Pond, Cherry

Knolls Diversion and a pumping and water distribution system that withdraws water from Cherry Knolls Pond.

3. Locations: The named structures are shown on the map attached hereto as Exhibit A,

and are more particularly described as follows:

a. The Cherry Knolls Pond is located in the N ½ of the SW ¼ of Section 25, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 1380 feet east of the west section line of said Section 25 and 2320 feet north of the south section line of said Section 25, in Arapahoe County.

b. The Cherry Knolls Diversion will be located on the right bank of Big Dry Creek in

Section 25, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 1200 feet east of the west section line of said Section 25 and 1740 feet north of the south section line of said Section 25, in Arapahoe County.

4. Amounts:

a. Cherry Knolls Diversion: 2.0 cfs, Conditional, direct flow and periodic withdrawal for

irrigation after temporary retention in Cherry Knolls Pond. b. Cherry Knolls Pond: 8.0 acre-feet, Conditional, with right to fill and refill continuously.

Off-channel storage filled by diversion at a maximum rate of 2.0 cfs from the Cherry Knolls Big Dry Creek Diversion structure.

5. Source: Big Dry Creek, a tributary of the South Platte River. 6. Use:

August, 2002 Resume Page 13

a. Uses: Irrigation, recreation, augmentation, exchange, wildlife, piscatorial and aesthetic purposes, storage for subsequent use for the stated purposes, along with the right to use and reuse to extinction.

b. Description of acreage to be irrigated: Approximately 24.5 acres of park land

consisting of athletic fields, gardens and open space owned by Applicant and associated with its Cherry Knolls Park in the W/2 of Section 25, Township 5 South, Range 68 West of the 6th P.M., in Arapahoe County.

c. Other stated uses: Applicant intends to capture water when in priority to fill, refill and

maintain maximum water levels in the pond for aesthetic, recreational, piscatorial and wildlife purposes and to provide a source of water for the irrigation system. Applicant intends to also release water from storage to provide supplemental water as needed for augmentation and exchange purposes. Applicant may capture irrigation return flows resulting from the application of nontributary water at the South Suburban Golf Course and other upstream properties for irrigation and the other uses claimed herein. Applicant may also place direct withdrawals of nontributary water by exercise of its nontributary ground water rights at Cherry Knolls Park (decreed in Case No. 90CW004) for irrigation and the other uses claimed herein.

7. Appropriation:

a. Date of Appropriation: August 15, 2001 for both structures. b. How appropriation was initiated: By field observation and location of the claimed

diversion point, District staff conversations with the Water Commissioner and installation of temporary diversion structure (temporary pump) from Big Dry Creek to place water in Cherry Knolls Pond.

8. For storage rights: The claimed storage right pertains to an existing pond located in

Cherry Knolls Park. The pond is an off-channel storage structure currently used to provide wildlife and aesthetic benefits for Cherry Knolls Park.

a. Surface area at high water line: Approximately 1.3 acre. b. Maximum height of dam: N/A c. Length of dam: N/A d. Total capacity of reservoir: Approximately 9.0 acre-feet.

i. Active capacity: Approximately 4.0 acre-feet. ii. Dead storage: Approximately 5.0 acre-feet.

9. Name and address of owner of land on which structures are located: Applicant is owner

of the land upon which the named structures are located. 10. Remarks: The water rights claimed herein are necessary for continued filling of the

existing Cherry Knolls Pond for the above-stated purposes. A structure enabling gravity-flow diversions from Big Dry Creek to Cherry Knolls Pond shall be utilized at the claimed point of diversion. Cherry Knolls Big Dry Creek Diversion shall provide water to the Cherry Knolls Pond, from which releases may be made as needed for irrigation, augmentation or exchange. Water diverted and retained in Cherry Knolls Pond for irrigation use within a 3-day period shall be considered an exercise of the direct flow irrigation right rather than the storage right and therefore shall not be counted against annual fill limits. The diversion structure and pond are parts of an integrated surface water system operated by the South Suburban Park and Recreation District. The surface water system shall be operated in conjunction with Applicant’s Denver Basin ground water rights, and such rights may eventually be used to store water in Cherry Knolls Pond. Therefore, the pond may be filled and refilled by surface or ground water sources

August, 2002 Resume Page 14

depending on operational demands and the senior call administration on Big Dry Creek. This application does not seek rights of exchange or a plan for augmentation. Any augmentation or exchange use of the water diverted by exercise of the subject water rights shall be the subject of a separate decree of the water court. The applicant owns and operates an augmentation plan decreed in Case No. 92CW166 that allows diversion, replacement and exchange of water at several locations along Big Dry Creek, including Cherry Knolls Park.

11. Prayer for Relief:

a. Applicant respectfully requests the court to grant a decree for the requested conditional water rights at the rates, volumes and locations specified herein.

a. Applicant respectfully requests the court to grant such additional relief

that it deems necessary and appropriate to further the purposes of the diversion systems requested herein.

2002CW176 SOUTH SUBURBAN PARK AND RECREATION DISTRICT. Evan D. Ela, Collins Cockrel & Cole, a professional corporation, 390 Union Boulevard, Suite 400, Denver, Colorado 0228(303) 986-1551 (303) 986-1755 (fax) E-mail: candcpc@aol.com. APPLICATION FOR WATER RIGHTS, IN ARAPAHOE COUNTY. 1. Applicant: South Suburban Park and Recreation District, 6631 South University

Boulevard, Centennial, Colorado 80121, (303-798-5131). 12. Structures: Wynetka Pond Park Irrigation System consisting of Wynetka Pond and a

pumping and water distribution system that withdraws water from Wynetka Pond. 13. Locations: The named structure is shown on the map attached hereto as Exhibit A, and

is more particularly described as follows:

a. The Wynetka Pond will be located in the S/2 of Section 18, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 300 feet west of the east section line of said Section 18 and 445 feet north of the south section line of said Section 18, in Arapahoe County.

14. Amounts:

a. Wynetka Pond: 9.38 acre-feet, Conditional, with right to fill and refill continuously. b. Wynetka Pond Park Irrigation Diversion: 2.13 cfs, Conditional, direct flow and

periodic withdrawal from temporary retention in Wynetka Pond. 15. Source: An unnamed tributary of the South Platte River. 16. Use:

a. Uses: Irrigation, recreation, augmentation, exchange, wildlife, piscatorial and aesthetic purposes, storage for subsequent use for the stated purposes, along with the right to use and reuse to extinction.

b. Description of acreage to be irrigated: Primary irrigation of approximately 38 acres of

park land consisting of athletic fields, historical farm grounds, gardens and open spaces owned by Applicant and associated with its Wynetka Ponds Park in the SE/4 of Section 18, Township 5 South, Range 68 West of the 6th P.M., in Arapahoe County. Supplemental irrigation of Applicant’s Bowles Grove Park and Centennial Golf Course properties located in the SW/4 and E/2 of Section 17, Township 5 South,

August, 2002 Resume Page 15

Range 68 West of the 6th P.M., in Arapahoe County.

c. Other stated uses: Applicant intends to capture water when in priority to fill, refill and maintain maximum water levels in the pond for aesthetic, recreational, piscatorial and wildlife purposes and to provide a source of water for the irrigation system. Applicant intends to also release water from storage to provide supplemental water as needed for irrigation of Bowles Grove Park and Centennial Golf Course, for storage in Bowles Grove Pond and Centennial Golf Course Ponds, and for augmentation and exchange purposes. Applicant may also capture releases of water allocated to its ownership interest in the Joseph W. Bowles Reservoir Company for irrigation and the other uses claimed herein.

17. Appropriation:

a. Date of Appropriation: March 22, 2002. b. How appropriation was initiated: By field observation, survey of the pond site and

design of improvements to the existing Wynetka Pond. 18. For storage rights: The claimed storage right pertains to an enlarged pond planned for

construction in Wynetka Ponds Park known as Wynetka Pond.

a. Surface area at high water line: Approximately 1.31 acres. b. Maximum height of dam: Approximately 16.0 feet. c. Length of dam: Approximately 200 feet. d. Total capacity of reservoir: Approximately 9.38 acre-feet.

i. Active capacity: Approximately 7.92 acre-feet. ii. Dead storage: Approximately 1.46 acre-feet.

19. Name and address of owner of land on which structures are located: Applicant is owner

of the land upon which the named structure is located. 20. Remarks: The water rights claimed herein are necessary for continued filling of the

existing Wynetka Pond in Arapahoe County, for filling and maintaining the enlarged Wynetka Pond and for augmentation of water use at this and the Applicant’s other properties. Withdrawals or releases from storage may be made as needed for irrigation, augmentation or exchange. Water diverted and retained in Wynetka Pond for irrigation use within a 3-day period shall be considered an exercise of the direct flow irrigation right rather than the storage right and therefore shall not be counted against annual fill limits. Wynetka Pond is part of an integrated raw water system operated by the South Suburban Park and Recreation District. The Applicant’s raw water system includes the raw water irrigation systems that serve Centennial Golf Course and Bowles Grove Park, which also includes the District’s water rights in the Nevada Ditch and the Joseph W. Bowles Reservoir Company. Therefore, Wynetka Pond may be alternatively filled and refilled by water sources other than the rights claimed herein depending on operational demands and the senior call administration on the South Platte River. This Application does not seek rights of exchange or a plan for augmentation. Any use of the water diverted by exercise of the subject water rights for augmentation or exchange shall be the subject of a separate decree of the water court.

21. Prayer for Relief:

a. Applicant respectfully requests the court to grant a decree for the requested water rights at the rates and locations specified herein.

b. Applicant respectfully requests the court to grant such additional relief

August, 2002 Resume Page 16

that it deems necessary and appropriate to further the purposes of the diversion systems requested herein.

2002CW177, CONCERNING THE APPLICATION FOR WATER RIGHTS OF KAREN ANN STUDENT, APPLICATION FOR PLAN FOR AUGMENTATION, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicant: Karen Ann Student, P.O. Box 789, Franktown, Colorado 80116 (303) 770-4000 (Carmen Hall, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Description of plan for augmentation: A. Groundwater to be augmented: Approximately 27.4 acre-feet per year of not nontributary Upper Dawson aquifer groundwater available underlying the Subject Property as pending in Case No. 02CW096, District Court, Water Division 1. Applicant is the owner of the land pending in that case, underlying and associated with approximately 96 acres of land, being generally located in parts of the SW1/4 of Section 20 and the N1/2NW1/4 of Section 29, T8S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). The water may be withdrawn through existing Upper Dawson wells located on the Subject Property which will be repermitted to operate pursuant to the augmentation plan requested below B. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property as also pending in Case No. 02CW096. C. Statement of plan for augmentation: The subject Upper Dawson aquifer groundwater may be used to serve up to three residences, for irrigation of home lawn and garden and a tree farm, for stockwatering, including storage, on the Subject Property through individual or central wells. For purposes of this application it is estimated that inhouse use will require 0.3 acre-feet per year, irrigation will require approximately 0.057 acre-feet per year for irrigation of each 1000 square-feet of home lawn and garden, and trees, and stockwatering will require 0.05 acre-feet for watering of four large domestic animals. Applicant reserves the right to amend these values. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Water used for stockwatering is considered to be 100% consumed. Before any other type of sewage treatment is proposed in the future, including incorporation of the Subject Property into a central sewage collection and treatment system, Applicant, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures in use at that time. D. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicant estimates that depletions occur to the Cherry Creek stream system. Return flows from use of the subject water rights from inhouse use through nonevaporative septic systems and from irrigation use, will accrue to the South Platte River system and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. E. After the 100th year of pumping, after all the Upper Dawson water is withdrawn, or after pumping ceases, Applicant will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicant will reserve an amount of nontributary Laramie-Fox Hills groundwater underlying the Subject Property to meet augmentation requirements. 3. Remarks: Applicant will withdraw the not nontributary Upper Dawson aquifer water underlying the Subject Property under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: 4. Granting the application herein and specifically determining that vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises.

August, 2002 Resume Page 17

2002CW178 (81CW448) THE CITY OF THORNTON, Colorado (“Thornton”), c/o Dennis A. Hanson, Esq., 9500 Civic Center Drive, Thornton, Colorado 80229. Telephone: (303) 538-7210. Application for Sexennial Finding of Reasonable Diligence and to Make Absolute a Portion of a Conditional Water Right IN ADAMS COUNTY. Name of Structure: West Gravel Lakes Nos. 1, 2, and 3 (collectively, the West Gravel Lakes”). Describe conditional water rights as to each structure, giving the following from the Findings of Fact, Conclusions of Law and Decree: (a) Date of Original Decree: September 28, 1989, Case No. 81CW448, District Court, Water Division 1. (b) Location: The West Gravel Lakes are located west of the South Platte River within the West ½ of Section 30, Township 2 South, Range 67 West of the 6th P.M., the East ½ of Section 25, Township 2 South, Range 68 West of the 6th P.M., and the Northeast quarter of Section 36, Township 2 South, Range 68 West of the 6th P.M. As required by the decree in Case No. 81CW448, the West Gravel Lakes are located within the parcels of land described in Exhibit to that decree. The West Gravel Lakes are interconnected and operated as an integrated unit and the outlet for the West Gravel Lakes is Pump Station B (a/k/a West Raw Water Pump Station), which is directly connected to Thornton’s Columbine Treatment Plant. Pump Station B is located on the northern shore of Lake No. 2 within the Southeast quarter of the Northeast quarter of Section 25, Township 2 south, Range 68 West of the 6th P.M. The West Gravel Lakes also have an outlet via Pump Station B to Hoffman Gulch and to the Lower Clear Creek Ditch. (c) Source: (1) Clear Creek and (2) Hoffman Gulch, a tributary of the South Platte River. (d) Appropriation Date: December 17, 1981. (e) Amount: 3600 a.f. Conditional, at a maximum rate of 300 c.f.s. from each source. (f) Uses: domestic, municipal, piscatorial, wildlife, industrial, commercial, agricultural, agricultural irrigation, irrigation of lawns and gardens, irrigation of parks, golf courses, and other recreational facilities, fire protection, and recreation. Thornton may also use the water diverted and stored in the West Gravel lakes under this decree for exchange, augmentation or replacement if authorized by separate decree of the Court. (g) Prior Diligence Decree: On August 20, 1996, the Court entered its Findings of Fact, Conclusions of Law, Judgment and Decree in Case 95CW204. In this diligence proceeding, the decree in Case No. 81CW448, which authorizes Thornton to divert and store, for beneficial use, 3,600 acre-feet of water annually at a maximum rate of 300 c.f.s. from Clear Creek and Hoffman Gulch, was made absolute in the amount of 2,825 acre-feet at a flow rate of 26 c.f.s. from Clear Creek diverted at the combined headgate of the Lower Clear Creek Ditch and the Colorado Agricultural Ditch and delivered to the West Gravel Lakes. The Court further found that the right to divert and store for beneficial use the remaining 775 acre-feet at a maximum rate of 300 c.f.s. from Clear Creek and Hoffman Gulch, is continued in full force and effect until and including the last day of August, 2002. It was also ordered that if Thornton desires to maintain such conditional water right, an application for a finding of reasonable diligence shall be filed on or before the last day of August 2002, or a showing made on or before such date that the conditional water right has become absolute by reason of the completion of the appropriation. (h) Names and addresses of owners of land on which structures for the water right are located: The place of storage and point of diversion referenced in this application are located on lands owned by the following: 1) Place of Storage: West Gravel Lakes. City of Thornton, 9500 Civic Center Drive, Thornton, CO 80229. 2) Point of Diversion: Lower Clear Creek Ditch (a/k/a Clear Creek and Platte River Ditch) and Colorado Agricultural Ditch Combined Headgate. Lower Clear Creek Ditch Company, 725 Malley Drive, Northglenn, CO 80223. Colorado Agricultural Ditch Company, 725 Malley Drive, Northglenn, CO 80223. 1. Outline of work done during the diligence period toward completion, or for completion, of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. From August 20, 1996 through August 31, 2002, Thornton has performed the following work: (a) Integrated System. During the diligence period, Thornton has expended significant effort and money in the development of its overall unified water system. The West Gravel Lakes are one component of Thornton’s integrated water supply system that Thornton operates to provide itself and its customers with water for all municipal purposes. The West Gravel Lakes are operated in conjunction with, and are integrated with, a number of other structures owned by Thornton, including the East Gravel Lakes and the North and South Dahlia Reservoirs. Water is stored in the West Gravel Lakes and can be moved through the system prior to treatment at Columbine Treatment Plant. (b) East Gravel Lakes Pump Station. In 1996 a new pump station was constructed at East Gravel Lake #4 to transport the water to Columbine Treatment Plant. The approximate cost of engineering, design and construction of the Pump Station and associated structures during the diligence period was $157,255. (c) Columbine Treatment Plant Clarifiers. Improvements were made to the clarifiers at Thornton’s Columbine Treatment Plant in 1999. The approximate cost of engineering, design and construction of the Columbine Plant Clarifier Modifications during the diligence period was $480,444. (d) East and West Gravel Lakes Pretreatment. Facilities to pretreat water in the

August, 2002 Resume Page 18

Lakes were installed. The cost of engineering, design and construction of the East and West Gravel Lakes Pretreatment Facilities during the diligence period was approximately $227,054. (e) East Gravel Lakes Lining. Installation of an impervious liner to prevent the interception of underground water by East Gravel Lakes #1, #2, and #3 was completed in 2001. The cost of engineering, design and construction of the liner and associated structures during the diligence period was approximately $4,085,160. (f) North Dahlia Reservoir. North Dahlia Reservoir is part of the Gravel Lakes system, and was purchased and lined between 1999 and 2001. The approximate cost of acquisition and lining of the North Dahlia Reservoir and associated structures during the diligence period was $6,386,592. (g) South Dahlia/ North Dahlia Interconnect (a.k.a. Dahlia/Cooley Interconnect). As part of the Gravel Lakes system, water is moved between North Dahlia and South Dahlia reservoirs through the Dahlia/Cooley Interconnect. The cost of engineering, design and construction of the interconnect and associated facilities during the diligence period was approximately $1,742,285. (h) East and West Gravel Lakes Pump Station Pretreatment. This project provides activated carbon slurry and potassium permanganate feed systems at the intersection of the East and West Gravel Lakes pump station raw water feed lines to the Columbine Treatment Works. These facilities enhance Columbine Plant raw water influent quality. The cost during the diligence period was approximately $1,777,344. (i) Columbine Treatment Plant/ West Gravel Lakes Emergency Generators. This project included installation of emergency standby diesel generators for the Columbine Treatment Plant and the West Gravel Lakes raw water pump station to provide back-up electrical power. The cost of this project during the diligence period was approximately $2,183,258. (j) Lower Clear Creek Ditch/ Hoffman Gulch Project. This project is to provide improvements to the Hoffman Gulch by isolating the flows and to prevent the water from entering the LCC Ditch. A new box culvert will be placed at the intersection of Hoffman and LCC ditches. The amount spent on this project during the diligence period was approximately $9,057. (k) West Gravel Lakes Management Plan. This project will provide funds for a study to examine the physical, chemical, geological, and biological factors that affect the water quality in the East and West Gravel Lakes complex. The results of the study will be used to develop a comprehensive lake management plan and determine the best practices for managing the lakes’ ecosystems to improve raw water quality. Currently, Thornton staff is developing this project. (l) Lower Clear Creek and Colorado Agricultural Ditch Assessments. Thornton owns shares in the Lower Clear Creek Ditch Company and the Colorado Agricultural Ditch Company. The ditches owned by these companies are used to exercise the water rights associated with this decree. Annual assessments pay for the operation and maintenance of the ditches in these companies. The assessments paid to these ditch companies during the diligence period total approximately $159,744. (m) Cosmic Costs. In order to use excess capacity in the Lower Clear Creek and Colorado Agricultural Ditches, Thornton pays certain operational expenditures incurred by the ditch companies. During the diligence period, Thornton’s portion of these expenses was approximately $34,841. (n) Farmers Reservoir and Irrigation Company (Standley Lake Division) Assessments. West Gravel Lakes are used as an alternate place of storage for FRICO-Standley Lake share water associated with the Cosmic Agreement. The cost of FRICO-Standley assessments during the diligence period was $73,934. (o) Water Quality Sampling/ O & M. During the diligence period, Thornton has performed ongoing water quality analysis, operation and maintenance tasks for the Lakes and associated structures. (p) Water Court. During the diligence period Thornton participated in numerous Water Court cases to protect the quality and quantity of the water available, in part, to the water rights decreed in Case No. 95CW204 (81CW448). (q) Gravel Pit Acquisition. During the diligence period, Thornton has acquired rights to several gravel pits that will be used as a part of Thornton’s integrated water system. 2. If claimed to make absolute: a. Water applied to beneficial use: Date: On September 23, 1996. (i) The new maximum flow rate of water diverted from Clear Creek at the combined headgate of the Lower Clear Creek Ditch and the Colorado Agricultural Ditch which is claimed to be made absolute by this Application is 45.32 c.f.s. No additional amount of storage is being claimed absolute at this time. (ii) Uses: As described in paragraph 3.f., above. (b) Description of place of use where water is applied to beneficial use: All water applied to beneficial use under the decree in 81CW448 was used within the Thornton water service area for the uses described in paragraph 3.f., above. 2002CW179, CONCERNING THE APPLICATION FOR WATER RIGHTS OF PATRICIA A. MCNAMARA, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AND LOWER DAWSON AQUIFERS, IN ELBERT COUNTY. 1. Name, address, and telephone number of Applicant: Patricia A. McNamara,

August, 2002 Resume Page 19

46753 County Road 9, Parker, Colorado 80138 (303) 320-5764 (Carmen S. Hall, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and Lower Dawson and nontributary Denver, Arapahoe, and Laramie-Fox Hills aquifers will be located at any location on approximately 36.4 acres of land being Tract A, Amanda Pines Estates, being generally located in part of the SE1/4 of Section 11, T6S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson and Lower Dawson aquifers is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well completed into the Upper Dawson aquifer as permitted in Well Permit No. 176553 which will be repermitted to operate pursuant to the augmentation plan requested below. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 77 feet 6 acre-feet Lower Dawson 45 feet 3 acre-feet Denver 349 feet 21 acre-feet Arapahoe 234 feet 14 acre-feet Laramie-Fox Hills 214 feet 11 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant and represents a claim to all Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifer groundwater underlying the Subject Property. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicant’s well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicant will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: All of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicant will use the Upper Dawson water for inhouse, irrigation, stockwatering, use in a equine breeding and training facility, and filling of a swimming pool, on the Subject Property at rates of flow necessary to withdraw the entire annual amount. For purposes of this application, inhouse use will require approximately 0.5 acre-feet per year, the equine facility will require approximately 1 acre-foot per year, irrigation use will require approximately 0.05 acre-feet per year for irrigation of every 1000 square-feet of lawn, garden, and trees, stockwatering will require approximately 0.05 acre-feet per year for stockwatering of every 4 large domestic animals. As well, it is estimated that filling of the swimming pool will require approximately 0.25 acre-feet per year. Sewage treatment for inhouse use and the equine facility will be provided by a non-evaporative septic system. Consumptive use associated with in-house use and the equine facility will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system.

August, 2002 Resume Page 20

Stockwatering use and water used in the swimming pool will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the Subject Property into a central sewage collection and treatment system, Applicant, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicant will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicant estimates that depletions may occur to the Coal Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicant will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicant will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicant will withdraw the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicant has 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 Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson and Lower Dawson aquifers is not nontributary and groundwater in the Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D.No findings of diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 2002CW180 THE CITY OF THORNTON, Colorado, c/o Mark Koleber, 12450 Washington Street, Thornton, Colorado 80241, (303) 538-7360. (David C. Taussig, White & Jankowski, LLP, 511 Sixteenth Street, #500, Denver, Colorado 80202, (303) 595-9441). Application for Approval of Plan for Augmentation and Conditional and Absolute Underground Water Rights IN ADAMS COUNTY. 2. Name of water rights and approvals sought. a. East Sprat-Platte Gravel Pit Well. b. West Sprat-Platte Gravel Pit Well. c. Middle Dahlia Gravel Pit Well. d. Thornton South Platte Well Field No. 1. e. Plan for augmentation of same. 3. Introductory Remarks. Applicant, the City of Thornton owns and operates an integrated municipal water and sewer system supplying water and sewer service to those within its service area as it now exists and as it may grow in the future, and to those with contracts for water supply service. The recent drought and other circumstances have resulted in the need for Thornton to tap into alluvial ground water tributary to the South Platte River and to augment those depletions with a plan for augmentation sought to be approved in this application. This particular program consists of two components, which are part of and integrated with Thornton’s larger municipal water supply system. A general location map depicting the features of these component parts is attached as Exhibit A to the Application. a. Unlined Gravel Pit Wells Component. Under this part of the plan, Thornton will pump ground water from the East and West Sprat Platte gravel pits and the Middle Dahlia pit, which are currently unlined facilities, and primarily deliver that water into storage in its lined gravel lakes for use in its municipal system. So as to prevent injury to other water rights, this augmentation plan will replace the out of priority depletions in timing, location, and amount with substitute supplies of water decreed for reuse and augmentation. b. Thornton South Platte Well Field Component. Thornton owns a number of gravel pits along the South Platte River that have been

August, 2002 Resume Page 21

or will be lined for storage of water in connection with the operation of its municipal system. This part of the plan involves the use of existing wells and the construction of additional wells on property Thornton owns and primarily pumping alluvial ground water into storage in those gravel lakes for use in its municipal system. So as to prevent injury to other water rights, this augmentation plan will replace the out of priority depletions in timing, location, and amount with substitute supplies of water that are decreed for reuse and augmentation.

Claim for Underground Water Rights 4. Introduction. Each of the components of this plan involves the appropriation and use of alluvial ground water tributary to the South Platte River. Accordingly, Thornton seeks the following absolute and conditional water rights from underground sources which may be used on a direct flow basis or following storage. 5. Underground water rights for Unlined Gravel Pit Wells. The particular elements for these appropriations are as follows: a. East Sprat Platte Gravel Pit Well. i. Permit No.: 57214-F, issued March 22, 2002. ii. Legal Description of Well: Located East of the South Platte River within the NW ¼ of Section 20 and the SW ¼ of Section 17, T. 2 S., R. 67 W., 6th P.M., Adams County Colorado. iii. Source: Underground water in the alluvium of the South Platte River. iv. Depth: Approximately 50 feet. v. Date of appropriation: June 28, 2002, which is the date Thornton initiated the appropriation by among other things, applying for an emergency substitute water supply plan (SWSP) pursuant to C.R.S. § 37-92-308(7). vi. Amount: 25 c.f.s. (11,220 g.p.m.), of which 18.92 c.f.s. (8,495 g.p.m.) is claimed absolute, based on diversion and application to beneficial use on and after August 1, 2002, pursuant to an emergency SWSP approved by the State Engineer, and 6.08 cfs (2,725 gpm) conditional. vii. Uses: All municipal uses, including, but not limited to, domestic, manufacturing, industrial, commercial, mechanical, fire protection, sewage treatment, street sprinkling, watering of parks, lawns, gardens and other public spaces, irrigation, agricultural, recreation, piscatorial, wildlife preservation, lake and reservoir evaporation, dewatering of ground water levels, and aesthetic purposes and for replacement, adjustment and regulation of Thornton’s storage and delivery systems, and those of its users, among themselves and with others. Thornton may divert, store and use the water directly, by and for exchange, augmentation, substitution, replacement or otherwise, as may be appropriate to maximize its lawful use. Thornton may reuse, successively use, dispose of, and/or otherwise apply all water to extinction. The return flows discharged or released by Thornton attributable to the exercise of this right shall have associated with it the same rights of use, reuse, successive use and disposition. The water may be placed to use within the Thornton service area as it now exists or may exist in the future and in any other location capable of service with water produced from the well. b. West Sprat Platte Gravel Pit Well. i. Permit No.: 39956-F, issued October 3, 1991. ii. Legal Description of Well: Located West of the South Platte River within the SW ¼ of Section 17 and the NW ¼ of Section 20, T. 2 S., R. 67 W., 6th P.M., Adams County Colorado. iii. Source: Underground water in the alluvium of the South Platte River. iv. Depth: Approximately 50 feet. v. Date of appropriation: June 28, 2002, which is the date Thornton initiated the appropriation by among other things, applying for an emergency SWSP pursuant to C.R.S. § 37-92-308(7). vi. Amount: 25 c.f.s. (11,220 g.p.m.), of which 2.03 c.f.s. (910 g.p.m.), is claimed absolute on and after August 23, 2002 based on diversion and application to beneficial use pursuant to an emergency SWSP approved by the State Engineer and 22.97 cfs (10,310 g.p.m.) conditional. vii. Uses: As stated in ¶ 5. a., above. c. Middle Dahlia Gravel Pit Well. i. Permit No. Permit applied for July 30, 2002. ii. Legal Description of Well: Located East of the South Platte River within the NW ¼ of Section 19, T. 2 S., R. 67 W., 6th P.M., Adams County Colorado. iii. Source: Underground water in the alluvium of the South Platte River. iv. Depth: Approximately 50 feet. v. Date of appropriation: July 30, 2002, which is the date Thornton initiated the appropriation by among other things, amending its application for an emergency SWSP pursuant to C.R.S. § 37-92-308(7). vi. Amount: 25 c.f.s. (11,220 g.p.m.) conditional. vii. Uses: As stated in ¶ 5. a., above. 6. Underground water rights for Thornton South Platte Well Field No. 1. The well field will be comprised of up to thirty wells constructed in the vicinity of Thornton’s gravel pit reservoirs that either have been or will be lined. After the wells have been constructed pursuant to permits to be obtained from the State Engineer, alluvial ground water from the South Platte River will be pumped from the wells for use in Thornton’s municipal system either directly or after storage in Thornton’s lined gravel lakes. The other particular elements for the appropriations for the existing wells and the future wells are as follows:

August, 2002 Resume Page 22

a. Thornton South Platte Well Field No. 1. i. Permit No.: The well field will include permits 4014-RF and RF-44. Additional permit applications to be filed prior to construction of each well in the well-field. ii. Legal Description: The currently proposed locations of the existing and proposed wells in the well field are shown on the maps attached as Exhibits B and C to the Application. Each well in the well field will be located on property that Thornton owns within the Thornton South Platte Well Field No. 1, which will be located on parts of the tracts described below, as more specifically shown on the maps attached as Exhibits B and C to the Application: (1) T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado: (a) in the SW ¼ of Section 17; (b) in the E ½ of Section 19; (c) in the W ½ of Section 20; (d) in the W ½, and the NE ¼ of the SW ¼ of Section 30; and (e) in the W ½ of Section 31. (2) T.2 S., R. 68 W. 6th P.M., Adams County, Colorado: (a) in the SE ¼ of Section 25; and (b) in the E ½ of Section 36. iii. Source: Underground water in the alluvium of the South Platte River. iv. Depth: Approximately 50 feet. v. Amount: 61 c.f.s. (27,380 g.p.m.), combined for all wells to be located in the well-field, of which 1.53 c.f.s. (688 g.p.m.), is claimed absolute on and after August 3, 2002 based on diversion and application to beneficial use of an existing well pursuant to an emergency SWSP approved by the State Engineer and 59.47 c.f.s. (26,692 g.p.m.) conditional. vi. Date of appropriation: August 27, 2002. This conditional appropriation was initiated by the coincidence of Thornton's intent to appropriate the conditional water rights coupled with overt actions manifesting the intent, constituting a substantial step toward completion of the appropriations and giving notice of the intent. vii. Uses: As stated in ¶ 5.a., above. 7. Storage. The names, locations and volumes of places of storage of water diverted pursuant to the subject water rights are as follows. The reservoirs listed below are the subject of previous or pending decrees. Thornton anticipates, therefore, that the amounts of water stored in these structures under the appropriations sought herein will be significantly less than the total storage capacities indicated: a. West Gravel Lakes. Located just west of the South Platte River in Sections 25 and 36, T. 2 S., R. 68 W., and Section 30, T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado; capacity: 3,600 a.f. b. East Gravel Lakes. (a.k.a. Tani Lakes) Located adjacent to the east bank of the South Platte River, in Sections 25 and 36, T. 2 S., R. 68 W., and Sections 30 and 31, T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado; capacity: 8,000 a.f. c. North Dahlia Pit. Located in the S ½ of the NE ¼, and SE ¼, Section 19; the W ½ of the SW ¼, S ½ of the NW ¼, Section 20, T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado; capacity: 3,500 a.f. d. South Dahlia Pit. Located in the NE ¼, the NW ¼, SE ¼, and the E ½, NE ¼, SW ¼ of Section 30, T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado; capacity: 4,500 a.f. e. East Sprat-Platte Pit. Located in the S ½ of the SW ¼, SW ¼ of the SE ¼, Section 17, and NW ¼, and NW ¼ of the NE ¼, Section 20, T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado; capacity: 1,500 a.f. f. West Sprat-Platte Pit. Located in the SW ¼, Section 17; and NW ¼ of the NW ¼, Section 20, T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado; capacity: 1,900 a.f. 8. Further remarks pertaining to underground water right appropriations. a. The existing wells identified above were included in an emergency substitute water supply plan (SWSP) approved by the State Engineer. After the application has been filed, Thornton plans on filing for a SWSP under the provisions of and in compliance with C.R.S. § 37-92-308(4) to allow for the use of these facilities during the pendency of the water court proceeding. b. Thornton will seek to amend Permits 39956-F and 57214-F to include municipal uses or will seek to replace those permits entirely. c. Two of the wells in the Thornton South Platte Well Field No. 1 will be horizontal wells drawing between 2 to 3 cfs of ground water each. The remainder of the wells are contemplated to be vertical wells drawing approximately 2 cfs of ground water each. (See Exhibits B and C to the Application.) d. With respect to the absolute claims stated above, Thornton claims the right to confirm additional amounts as absolute, without further notice or publication, based on its exercise of the subject water rights up to the time of any hearing in these proceedings. e. Prior to completion and connection to Thornton’s system, the locations of one or more proposed wells in the Thornton South Platte Well Field No. 1 may be changed to any location within the well field without further publication or notice in order to achieve the intended 61 c.f.s. (27,380 g.p.m.) rate of withdrawal from up to 30 wells. The actual location, the timing, and number of the wells within the well field will be determined based on the productive capacity of the constructed wells, aquifer characteristics, spacing considerations, and other appropriate factors at the time of construction of the well. f. Thornton has appropriated conditional water storage rights for the East and West Sprat-Platte Pits for which a decree is pending in Case No. 91CW126. That decree requires the pits to be lined for use as water storage facilities. Thornton will not use these pits for water storage purposes prior to installation of an adequate liner, and will augment evaporative losses and other depletions to the South Platte River prior to liner installation.

August, 2002 Resume Page 23

No storage appropriation has been made for the Middle Dahlia Gravel Pit and Thornton has no plans to line that pit at this time.

Plan for Augmentation 9. Introduction. This part of the claim is for approval of a plan for augmentation that will replace the out-of-priority depletions associated with the two components for the appropriation and use of underground water rights described above. In general, Thornton will pump alluvial water from the wells described above, and the timing, location, and amount of those depletions will be determined. When the depletions are out of priority, to keep the river whole, Thornton will provide augmentation water back to the river in timing, location, and amount in a manner so that senior appropriators are not injured. 10. Name of Structures to be Augmented. Each of the structures described above in paragraphs 5 and 6. 11. Sources of Water Rights to be Used for Augmentation. Thornton owns a large portfolio of water rights and has the contract right to use other sources of water. The City maintains water accounting to distinguish those sources that are available for use for augmentation, such as in this augmentation plan, and those which are not. More particularly those sources of water that will be used in this plan can be broken down into sources derived based on Thornton’s decrees and those it is entitled to use pursuant to contract, as follows: a. List Of Water Rights. Attached to the Application as Exhibit D is a 17 page list of Thornton water rights that have been decreed for augmentation purposes. These sources generally include the consumptive use attributable to changed irrigation rights in the South Platte Basin, transmountain sources, nontributary rights, and water rights that have been originally decreed for augmentation purposes, including lawn irrigation return flows generated by the exercise of such rights in accordance with the decree in Consolidated Cases 86CW401, etc., Water Division 1. b. Unchanged Shares in Ditch Companies. Since its last change decrees for various ditch company shares, Thornton has acquired additional shares in some of those ditch companies, including, Lower Clear Creek Ditch Company, Colorado Agricultural Ditch Company, German Ditch Company, Farmers’ High Line Canal and Reservoir Company, Farmers’ Reservoir and Irrigation Company - Standley Lake Division, Farmers’ Reservoir and Irrigation Company - Barr Lake Division, Burlington Ditch Company, distributed from Barr Lake, and Mandalay Irrigation Company (including Church Ditch inches). The City anticipates filing changes on these water rights before the end of the year. After those change decrees have been entered they will be available for use as sources for augmentation purposes herein. The underlying water right decrees for these shares are identified on Exhibit D to the Application. c. Subject Water Rights. The underground water rights for which a decree has been applied for in this application, described in paragraphs 5 and 6 above. d. Contract Supplies. Thornton has available to it by agreements with other water users the following additional sources that will be used in this plan for augmentation. i. Coors. Under an agreement dated December 23, 1996, Thornton has the right to deliveries from Coors of up to 600 af of reusable water per year at a rate not to exceed 2.5 cfs. ii. Westminster. Under an agreement dated January 7, 1982, Thornton has the right to deliveries from Westminster of up to 500 af of reusable water at a rate not to exceed 4 cfs. iii. Public Service Company. Under an agreement dated May 13, 1994, Thornton has the right to deliveries from Public Service Company of 71 af of fully consumable water at a rate not to exceed 1 cfs. iv. Westminster. Under an agreement, dated October 10, 1990, Thornton receives reusable water that its booked over from Westminster to Thornton in Standley Lake of variable pro rata amount of 375 af. v. Consolidated Mutual Water Co. Under an agreement dated October 17, 1997 Thornton has the right to receive deliveries of reusable water up to 120 af at a rate not to exceed 50 cfs. vi. Aurora. Under an agreement currently being negotiated, Thornton will have the right to receive deliveries of reusable water from Aurora in an approximate amount of 7,700 af. vii. Temporary Leases. Under temporary leases and arrangements with Aurora and Denver, Thornton has the right to receive reusable water in accordance with the provisions of those agreements. e. Thornton will also use as augmentation supplies any other water rights or sources of water that Thornton then owns or controls, provided that they are decreed for augmentation purposes, trans-mountain water, developed water, or decreed as nontributary groundwater, and provided further that Thornton can make such supplies available at the locations necessary to prevent injury. 12. Statement of Plan for Augmentation. Thornton will operate the underground water rights described in paragraphs 5 and 6 when they are in priority. When they are out of priority, the depletions associated with each component will be replaced as outlined below. a. Unlined Gravel Pit Wells Component. Thornton will pump alluvial ground water out of the East Sprat Platte, West Sprat Platte, and the Middle Dahlia Gravel Pit Wells primarily into storage in its lined gravel lakes and use the water in its municipal system. Totalizing flow meters will measure the daily amount pumped from each gravel pit well. The

August, 2002 Resume Page 24

stream depletions resulting from pumpage of each gravel pit well will be calculated according to lagging factors. Out-of-priority stream depletions from pumpage and evaporation will be replaced to the river from the augmentation sources listed in paragraph 11. Accounting will be performed on a daily basis and will be integrated with Thornton’s existing accounting forms for its East Gravel Lakes, West Gravel Lakes and raw water system. Thornton will make releases of augmentation water, at the proper time and in the appropriate amount, above the downstream calling right so as to prevent injury. The releases will be made from any of the locations listed in paragraph 12.c. b. Thornton South Platte Well Field No. 1 Component. Thornton owns existing wells and will construct additional wells on property that it owns in the Thornton South Platte Well Field No. 1. Alluvial ground water will be pumped from the wells in the well field primarily into storage in Thornton’s lined gravel lakes and used in its municipal system. Totalizing flow meters will be installed to measure the daily amount pumped from each well. The stream depletions resulting from pumpage of each well will be calculated according to lagging factors. Out-of-priority stream depletions will be replaced to the river from the augmentation sources listed in paragraph 11. Accounting will be performed on a daily basis and will be integrated with Thornton’s existing accounting forms for its East Gravel Lakes, West Gravel Lakes and raw water system. Thornton will make releases of augmentation water, at the proper time and in the appropriate amount, above the downstream calling right so as to prevent injury. The releases will be made from any of the locations listed in paragraph 12.c. c. Location of Augmentation Water Releases. The majority of the augmentation water will be discharged from the Metro WWTP, the location of which is described below. Depending, however, upon the derivation of source of the augmentation water, the provision of augmentation water pursuant to this augmentation plan will also be provided from any of the following locations, but in each instance above the downstream calling water right: i. Metropolitan Waste Water Reclamation District Outfall, presently located in the SE ¼ of the SW ¼ of Section 1, T. 3 S., R. 68 W., 6th P.M., Adams County Colorado. ii. The confluence of Sand Creek and the South Platte River located in the SE ¼ of the SW ¼ of Section 1 T. 3. S., R. 68 W., 6th P.M., Adams County Colorado. iii. The confluence of Clear Creek and the South Platte River located in the SW ¼ of the SE ¼ of Section 36 T. 2 S., R. 68 W., 6th P.M., Adams County Colorado. iv. The confluence of Big Dry Creek and the South Platte River located in the NW ¼ of the NW ¼ of Section 7, T. 1 N., R. 66 W., 6th P.M., Weld County Colorado. v. The confluence of Cherry Creek and the South Platte River located in the NE ¼ of the NW ¼, Section 33, T. 3 S., R. 68 W., 6th P.M., Denver County, Colorado. vi. At the three locations for Thornton’s taking credits for lawn irrigation return flows specified in paragraph 63.5.3 of the decree in Consolidated Cases 86CW401, etc. vii. Any other location that augmentation water can be released above the downstream calling water right in a manner so as to prevent injury. 13. Compliance with C.R.S. § 37-90-137(2)(b). Pursuant to C.R.S. § 37-90-137(2)(b), and as shown on Exhibit E to the Application, which is an affidavit of Karen Wogsland, Water Resources Administrator for the City of Thornton, at least ten days prior to filing the application herein, Thornton gave notice by registered or certified mail, return receipt requested to the well owners of record, and the owners of land, within 600 feet of the boundary of the Thornton South Platte Well Field No. 1 and/or the unlined gravel pit wells referenced in paragraphs 5 and 6 above. 14. Name and address of owners of land on which the structures in this application are or will be located, and upon which water is or will be placed to beneficial use. The City of Thornton owns the land upon which the wells, storage structures, and ancillary facilities listed above are or will be located. It is not feasible to list all the owners of land within Thornton’s service area on which the water will be used. (Application, 11 pages; Exhibits A through E, total of 24 pages. Copies of all exhibits to the application are available for inspection and copying at the offices of the clerk of the water court in Greeley, Colorado.) 2002CW181 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: Lower Boulder Ditch, (as transferred in Case No. 97CW195). 3. From Previous Decree: A. Date Entered: June 1, 2000. Case No. 97CW195. Court: District Court, Water Division 1. Note: The Lower Boulder Ditch was originally decreed in Civil Action No. 1282, in the District Court of Boulder County on June 2, 1882. The Decree issued in Case No. 97CW195 approved a change of water right for the following priorities decreed to the Lower Boulder Ditch, ("subject water rights"): 1859 priority, 0.749 cfs; 1870 priority (1st 23.0 cfs), 0.689 cfs; 1870 priority (next 48.0 cfs), 0.485 cfs; and 1870 priority (last 26.0 cfs), 0.522 cfs. B. Decreed Points of Diversion: The originally decreed point of diversion

August, 2002 Resume Page 25

for the Lower Boulder Ditch 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. The Decree issued in Case No. 97CW195 approved the diversion of the subject water rights at numerous upstream points of diversion on Boulder Creek, South Boulder Creek and Dry Creek. Reference is made to the Decree in 97CW195 for the specific locations. C. Source: Boulder Creek and its tributaries. D. Appropriation Dates: October 1, 1859, and June 1, 1870. E. Amount: See Paragraph No. 3(A), above. F. Historic Use: Municipal, domestic, irrigation, commercial, industrial, replacement, exchange, augmentation, recreational, piscatorial and wildlife propagation purposes. 4. Proposed Change: Applicant seeks to add a new alternate point of diversion for the subject water rights 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 new point of diversion be located up to 50 feet upstream and 60 feet downstream of the above described point 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 historic decreed location for the Lower Boulder Ditch, and is located on the East side of 75th Street in unincorporated Boulder County. The Decree in Case No. 97CW195 confirmed that return flows from Applicant's municipal use of the subject water rights exceed those which occurred historically when the water was used for agricultural irrigation. The Decree in 97CW195 authorizes Applicant to use the surplus return flows to augment diversions under several junior water rights, specifically including but not limited to the Lafayette Boulder Creek Pipeline No. 1, and/or to divert such surplus return flows by exchange at several points of diversion. Applicant seeks to divert water at the above referenced new alternate point of diversion pursuant to the augmentation and exchange program set forth in the Decree in Case No. 97CW195. All other terms and conditions of the Decree in Case No. 97CW195 shall remain unaffected by this change of water right request. 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 subject water rights. (4 pages). 2002CW 182 MAGNESS LAND HOLDINGS, LLC, MAGNESS PLATTEVILLE, LLC, and KPLATTEVILLE, LLC,. Robert E. Schween, Robert E. Schween, P.C., P.O. Box 262104, Littleton, Colorado 80163-2104. Telephone: 303-471-5150 Facsimile: 303-470-3103. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTS AND RECHARGE PLAN, IN WELD COUNTY. 1. Name and Address of Applicants: Magness Land Holdings, LLC, Magness Platteville, LLC, and Kplatteville, LLC, C/O Gary Magness, P.O. Box 190, Platteville, Colorado 80651. 2. Names of Structures: A. Meadow Island Ditch No. 2. B. Beeman Ditch. C. Sunata Recharge Pond No. 1. D. Sunata Reservoir No. 1. E. Waddle Reservoir No. 1. F. Waddle Reservoir No. 2. G. Lorenz Reservoir No.1. H. Funk Reservoir No. 1. I. Beddo Reservoir No. 1. J. Beddo Reservoir No. 2. K. Lorenz Well No. 2. L. Hansen Well No. 3. M. Funk Well No. 1. 3. Legal Descriptions of Points of Diversion, Places of Recharge and Storage,

Sources, Amounts Claimed, and Uses: A. Meadow Island Ditch No. 2: The point of diversion is located on the west bank of the South Platte River at a point located in the SE ¼ of the NW ¼ of Section 1, Township 2 North,

August, 2002 Resume Page 26

Range 67 West, 6th P.M., 1900 feet from the West Section Line and 1700 feet from the North Section Line. Source: South Platte River. Amount: 40 cfs. Uses: Diversion for recharge from ditch segments, recharge from placement in Sunata Recharge Pond No. 1, and recharge ponds, augmentation and exchange, storage in Sunata Recharge Pond No. 1, Sunata Reservoir No. 1, Waddle Reservoir Nos. 1 and 2, Beddo Reservoirs Nos. 1 and 2, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. B. Beeman Ditch: The point of diversion is located on the west bank of the South Platte River at a point located in the SE ¼ of the NW ¼ of Section 1, Township 2 North, Range 67 West, 6th P.M., 1900 feet from the West Section Line and 1700 feet from the North Section Line. The Beeman Ditch shares a common river diversion point with the Meadow Island Ditch No. 2. Source: South Platte River. Amount: 50 cfs. Uses: Diversion for recharge from ditch segments, recharge from placement in Sunata Recharge Pond No. 1, and recharge ponds, storage in Sunata Reservoir No. 1, Waddle Reservoir Nos. 1 and 2, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. C. Sunata Recharge Pond No. 1: Located in the E ½, SE ¼ and the E ½, NE ¼ of Section 26, Township 3 North, Range 67 West, 6th P.M. Sunata Recharge Pond No. 1 is a combined facility with Sunata Reservoir No. 1. Source: Seepage, return flows from upland irrigated areas, and deliveries from the Beeman Ditch or the Meadow Island Ditch No. 2. Amount: 400 acre-feet. Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. D. Sunata Reservoir No. 1: Located in the E ½, SE ¼ and the E ½, NE ¼ of Section 26, Township 3 North, Range 67 West, 6th P.M. Sunata Reservoir No. 1 is a combined facility with Sunata Recharge Pond No. 1. Source: Seepage, return flows from upland irrigated areas, and deliveries from the Beeman Ditch or the Meadow Island Ditch No. 2. Amount: 250 acre-feet. Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. E. Waddle Reservoir No. 1: Located in the SE ¼ of the NW ¼ of Section 24, Township 3 North, Range 67 West, 6th P.M. Source: Seepage, return flows from upland irrigated areas, and deliveries from the Meadow Island Ditch No. 2. Amount: 5 acre-feet. Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. F. Waddle Reservoir No. 2: Located in the N ½ of the NW ¼ of Section 24, Township 3 North, Range 67 West of the 6th P.M. Source: Seepage, return flows from upland irrigated areas, and deliveries from the Meadow Island Ditch No. 2. Amount: 25 acre-feet. Uses: Storage for recharge purposes, wildlife habitat, fish and game purposes, stock watering, and recreational purposes. G. Lorenz Reservoir No. 1: Located in the SW ¼ of the SW ¼ Section 30, Township 3 North, Range 66 West, 6th P.M. Source: Ground water tributary to the South Platte River diverted from the Lorenz Well No. 2 or the Hansen Well No. 3, seepage, and return flows from upland irrigated areas. Amount: 250 acre-feet. Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. H. Funk Reservoir No. 1: Located in the NW ¼ of the NE ¼ of Section 1, Township 2 North, Range 67 West, 6th P.M. Source: Ground water tributary to the South Platte River, seepage, and return flows from upland irrigated areas. Amount: 200 acre-feet. Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. I. Beddo Reservoir No. 1: Located in the SW ¼ of the NE ¼ of Section 25, Township 3 North, Range 67 West, 6th P.M. Sources: The South Platte River diverted through the Meadow Island Ditch No. 2, seepage, and return flows from upland irrigated areas. Amount: 5 acre-feet. Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes.

August, 2002 Resume Page 27

J. Beddo Reservoir No. 2: Located in the NW ¼ of the NE ¼ and the SW ¼ of the NE ¼ of Section 25, Township 3 North, Range 67 West, 6th P.M. Sources: The South Platte River diverted through the Meadow Island Ditch No. 2, seepage, and return flows from upland irrigated areas. Amount: 25 acre-feet. Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. K. Lorenz Well No. 2: Located in the SE ¼ of the SE ¼ Section 25, Township 3 North, Range 67 West, 6th P.M. Source: Ground water tributary to the South Platte River. Amount: 2.5 cfs. Uses: Storage in Lorenz Reservoir No. 1 for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. Lorenz Well No. 2 is an existing well: Well Permit No. R-14192. L. Hansen Well No. 3: Located in the SE ¼ of the SE ¼ of Section 25, Township 3 North, Range 67 West, 6th P.M. (380 feet north and 20 feet west of the SE Section Corner.) Sources: Ground water tributary to the South Platte River. Amount: 2.5 cfs. Uses: Storage in Lorenz Reservoir No. 1 for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. Hansen Well No. 3 is an existing well: Well Permit No. 8953. M. Funk Well No. 1: Located in the NW ¼ of the NE ¼ of Section 1, Township 2 North, Range 67 West, 6th P.M. Sources: Ground water tributary to the South Platte River. Amount: 2.5 cfs. Uses: Storage in Funk Reservoir No. 1 for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, irrigation, stock watering, and recreational purposes. Funk Well No. 1 is a proposed well and will be used to withdraw water tributary to the South Platte River. See Location Map, Exhibit A, for location of all structures. 4. Appropriation of Water. A. Date of Appropriation: September 20, 2000. B. How Appropriation Was Initiated: By field inspection by Ranch Manager, accompanied by water rights consultant and attorney, and identification of location, size and approximate capacity of ditches, recharge ponds, storage ponds and sloughs, and uses to which water could be beneficially applied at each location. C. Date Water Applied to Beneficial Use: N/A. 5. Use: As stated above in paragraph 3, as well as all other beneficial uses, including non-seasonal irrigation, piscatorial, and augmentation and exchange. Applicant claims the right to use and reuse the water stored in-priority in each identified storage facility or slough. 6. Surface Area of High Water Line and Total Capacity of Recharge Ponds and

Storage Facilities:

Applicant may use the Meadow Island Ditch No. 2 or the Beeman Ditch as recharge facilities in conjunction with facilities located adjacent to these ditches. In order for the Applicant to account for recharge credits generated from use of the ditches, the amount of water recharged will be based on the following specifics for each ditch. Additionally, Applicant may extend the ditch reaches or modify the listed values based on site specific information. 1. Meadow Island Ditch No. 2. The following reaches along the Meadow Island Ditch No. 2 have been identified as potential areas from which recharge credits will be obtained.

Reach

Reach Length (ft)

Distance To Stream (ft)

Transmissivity (gpd/ft)

MIR1 1600 200 100000 MIR2 1400 1000 100000 MIR3 2000 3000 100000 MIR4 2500 4850 100000 MIR5 2300 3900 150000 MIR6 3000 4600 200000 MIR7 2500 4300 200000 MIR8 2200 2200 175000

August, 2002 Resume Page 28

2. Beeman Ditch. The following reaches along the Beeman Ditch have been identified as potential areas from which recharge credits will be obtained.

Reach

Reach Length

(ft) Distance To Stream (ft)

Transmissivity (gpd/ft)

BR1 2900 1500 100000 BR2 1800 4500 100000 BR3 2300 7400 100000 BR4 2000 7600 100000 BR5 3200 7800 100000 BR6 21533 8500 100000

3. Sunata Recharge Pond No. 1. (1) Maximum height of dam in feet: 6 feet. (2) Length of dam in feet: 650 feet. (3) Surface area: 120 acres. (4) Capacity: 400 AF, all active capacity.

4. Sunata Reservoir. (1) Maximum height of dam in feet: 6 feet. (2) Length of dam in feet: 600 feet. (3) Surface area: 120 acres. (4) Capacity: 250 AF, all active capacity. 5. Waddle Reservoir No. 1. (Existing facility.) (1) Maximum height of dam in feet:N/A.

(2) Length of dam in feet: N/A. (3) Surface area: 1 acre. (4) Capacity: 5 AF, all active capacity. 6. Waddle Reservoir No. 2. (Existing facility.) (1) Maximum height of dam in feet: N/A.

(2) Length of dam in feet: N/A. (3) Surface area: 5 acres. (4) Capacity: 25 AF, all active capacity. 7. Lorenz Reservoir No 1. (1) Maximum height of dam in feet: N/A. (2) Length of dam in feet: N/A. (3) Surface area: 40 acres.

(4) Capacity: 250 AF, all active capacity. (Anticipated to be excavated below land surface.)

8. Funk Reservoir No. 1. (1) Maximum height of dam in feet: N/A. (2) Length of dam in feet: N/A. (3) Surface area: 20 acres.

(4) Capacity: 200 AF, all active capacity. (Anticipated to be excavated below surface.) 9. Beddo Reservoir No. 1. (Existing facility.) (1) Maximum height of dam in feet: N/A.

(2) Length of dam in feet: N/A. (3) Surface area: 1 acre. (4) Capacity: 5 AF, all active capacity.

10. Beddo Reservoir No. 2. (Existing facility.) (1) Maximum height of dam in feet: N/A. (2) Length of dam in feet: N/A. (3) Surface area: 5 acres.

(4) Capacity: 25 AF, all active capacity. 7. Name and address of owner of land on which ditch, recharge pond, or storage

structure for the water right is located: A. Meadow Island Ditch No. 2; Beeman Ditch: Donald Kanzler, 11528 Weld County Road 23, Ft. Lupton, CO. B. Sunata Recharge Pond No. 1: (1) Magness Land Holdings, LLC, address as above. (2) Taylor Family Trust, LLC, 10614 Highway 66, Platteville, CO 80651 C. Sunata Reservoir; Lorenz Reservoir No. 1; Lorenz Well No. 2; Hansen Well No. 3; Funk Reservoir No. 1; Funk Well No. 1: Magness Land Holdings, LLC, address as above. D. Waddle Reservoir No. 1; Waddle Reservoir No. 2: Magness Platteville, LLC, address as above. E. Beddo Reservoir No. 1; Beddo Reservoir No. 2: Dearal Beddo, P.O. Box 426, Platteville, Colorado 80651 8. Description of Plan for Diversion and Recharge: A. Applicants intend to use the water diverted, placed in recharge facilities, and stored under this application for all beneficial uses, but primarily for aquifer recharge purposes. Water so diverted and stored will be allowed to percolate into the underground aquifer

August, 2002 Resume Page 29

and flow toward the South Platte River for the purpose of developing accretions to offset out of priority depletions caused by well pumping. B. To the extent excess credits accrue to the South Platte River, Applicants may re-divert the water for placement in storage or for recharge at the identified facilities. Water diverted and stored or recharged at the described facilities will be used in conjunction with a plan for augmentation to offset well depletions associated with wells presently augmented through a State-approved substitute supply plan. Applicants anticipate filing for an augmentation plan which will use as a source of augmentation water the recharge credits obtained from the operation of this plan. C. Such water may also be diverted through the named ditches to other facilities not identified herein but proximate to the ditches for the same beneficial uses as identified herein. D. Computation of recharge credits available at the South Platte River attributable to Applicants’ efforts described herein will be made based upon acceptable hydrologic principles, and established at each ditch segment, and at each recharge or storage site. E. Applicants will not claim recharge percolation through the ditch bottoms when water is being to the ditch for irrigation purposes. Applicants may deliver water to a proximate facility when water is being diverted for irrigation purposes and claim percolated recharge credits in accordance with the recharge formula established for such location. F. Applicants shall provide measuring devices satisfactory to the Division Engineer for purposes of administration. G. Because Applicants claim the right to fully consume water diverted and stored in priority, Applicants also claim the right and ability to deliver the water to other locations inside the South Platte River drainage without causing injury to the owner of other vested or conditionally decreed water rights. H. Applicants shall have the ability to divert water at the rates and volumes identified when such rights are in priority, for the uses herein described, up to a maximum diversion rate of 50 cfs and a total volume of 3000 acre-feet per year. I. Applicants may divert water in to the Lorenz Reservoir No. 1 from the Lorenz Well No. 2 or from the Hansen Well No. 3 at a rate of 2.5 cfs. The cumulative rate from all points of diversion will not exceed 2.5 cfs. J. Applicants may also divert water in to the Funk Reservoir No. 1 from the Funk Well No. 1 at a rate of up to 2.5 cfs. WHEREFORE, Applicants pray that this Court enter a decree: A. Granting the application herein and awarding the requested conditional water rights to divert for recharge and storage and for the purposes enumerated herein; B. Specifically determining that: (1) The waters which are the subject of this application can and will be diverted, stored or otherwise captured, possessed and controlled and will be put to beneficial use; and (2) Any facilities necessary to the impoundment of such water claimed herein can and will be completed with diligence and within a reasonable time. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 2002CW183 BEAR CREEK DEVELOPMENT CORPORATION, c/o Jeffrey N. Bradley, P.O. Box 465, 16371 Morrison Road, Morrison, CO 80465, Telephone: 303-697-1600; (William B. Tourtillott, Esq., Friedlob Sanderson Paulson & Tourtillott, LLC, 1775 Sherman Street, Twenty-First Floor, Denver, Colorado 80203, (303) 571-1400). APPLICATION FOR APPROVAL OF CONDITIONAL WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION IN THE SOUTH PLATTE RIVER OR ITS TRIBUTARIES; TRIBUTARIES INVOLVED: BEAR CREEK, IN JEFFERSON COUNTY. REQUEST FOR WATER RIGHT 2. Name and location of structure: Bear Creek Well No. 1 (Well Permit No. 240169), located in the SW1/4 SE1/4 of Section 35, T4S, R70W of the 6th P.M., at a point approximately 320 feet from the south section line and 1600 feet from the east section line of said Section 35, as shown on the attached Exhibit A. Well Permit and Well Construction and Test Report are attached as Exhibit B. 3. Source: This tributary well has been drilled into one or more of the following formations: Morrison, Ralston, Lykins, Lyons and Fountain, which are tributary to Bear Creek. 4. Depth: 605 feet. 5. Rate of Flow: 40 gpm (conditional); the annual amount: Not to exceed 3 acre-feet per year. 6. Date of Appropriation: April 17, 2002. 7. How Appropriation Initiated: One or two of the wells were hand dug and family owned beginning with John Ross in 1894. The present well is a replacement for the earlier well. Applicant is seeking an appropriation date of April 17, 2002. 8. Use:

August, 2002 Resume Page 30

Commercial use for beverage production for on or off-site consumption. 9. Date Water Applied to Beneficial Use: Not applicable. REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION. Applicant intends to use Bear Creek Well No. 1 for non-exempt commercial purposes thereby requiring the adjudication of a Plan for Augmentation. Applicant will measure diversions from its well and account for depletions to Bear Creek as required by the Division Engineer of Water Division No. 1. This Plan covers depletions to Bear Creek of up to three (3) acre-feet per annum. 10. Name of Structure to Be Augmented: Bear Creek Well No. 1 (Well Permit No. 240169). 11. Water Rights to Be Used for Augmentation: Applicant will use return flows from commercial use of Bear Creek Well No. 1 and will also make releases of water from its decreed ditch rights as discussed below. Applicant obtained a change of water rights decree for the Warrior Ditch and the Pioneer Union Ditch in Water Case Nos. 81CW104 and W-8120-76, respectively tabulated as follows:

WARRIOR DITCH - 81CW104 Priority Amount in cfs Appropriation Nos. Total 14 Shares Date Source 4 12.33 l.0789 12/01/1861 Bear Creek 8 2.86 .2503 4/16/1862 Turkey Creek 14 25.47 2.2286 10/31/1864 Bear Creek 16 11.49 1.0054 04/01/1865 Bear Creek Total 52.15 cfs. 4.5632

PIONEER UNION DITCH - W-8120-76 Amount Priority Divertable Appropriation Nos. in cfs Date Water Right Source 5 1.5513 2/10/1861 Pioneer Union Bear Creek 7 2.6050 4/15/1862 Ward (Hindry) Bear Creek 11 1.0163 9/01/1862 Pioneer Union Bear Creek 15 3.1413 3/15/1865 Pioneer Union Bear Creek The Decree in 81CW104 (a copy of the decree is attached as Exhibit C to this application) included the water rights decreed in W-8120-76 and provided for the irrigation of 150 acres in Sections 28, 29, 32 and 33 in T4S, R69W of the 6th P.M. and also determined that, in addition, a minimum of 55 acre-feet per year is available for use, reuse and successive use for any and all other purposes including sale and disposition to other parties. This application will utilize up to three (3) acre-feet out of a minimum of 55 acre-feet for replacing depletions to Bear Creek from out of priority diversions from the commercial well. Replacement water releases will be made either from the Ward Canal headgate which is located in the NE1/4 NE1/4 NE1/4 of Section 2, T5S, R70W, 6th P.M. or from the Quaintance Reservoir at its decreed location in Section 29, T4S, R69W of the 6th P.M. Any water released as replacement water shall be measured at the headgate of the Ward Canal and at the turnout into Quaintance Reservoir. 12. Historic Use: The original hand dug well was used by Applicant for multiple domestic and commercial purposes. The senior Warrior Ditch and Pioneer Union Ditch rights were historically used for irrigation of lands under those ditches. These water rights were changed in Case Nos. W-8120-76 and 81CW104 and are now used for irrigation of up to 150 acres on lands that include the Bear Creek Golf Course and alfalfa fields, as shown on Exhibit A. In addition, the decree in Case No. 81CW104 entitles the Applicant to a minimum of 55 consumptive acre-feet of water per year for any and all other purposes. This decree also allows the senior water rights to be diverted up to 490 acre-feet annually and stored in Quaintance Reservoir or in the Bear Creek Development Corporation Reservoir No. 4, which is located in Section 28, T4S, R69W of the 6th P.M. as decreed in Case No. 90CW162, for release for irrigation and other purposes. Since Applicant intends to continue irrigating the same lands described in Case No. 81CW104, this case affects only three (3) acre-feet out of a minimum of 55 consumptive acre-feet leaving a minimum of 52 consumptive acre-feet as the balance for reuse and successive use for any and all other purposes as decreed in Case No. 81CW104. Diversion records concerning this decreed water right are attached as Exhibit D. 13. Statement of Plan for Augmentation, Covering All Applicable Matters under CRS §§ 37-92-103(9), 302(1)(2) and 305(8): Under this plan

August, 2002 Resume Page 31

for augmentation, Applicant will be allowed to divert the Bear Creek Well No. 1 water right requested above, when said right is in priority and for year round diversion for commercial use. Applicant estimates that commercial use will require up to 3 acre-feet per year. Applicant will replace up to 100% of the water pumped by the commercial well depending on the amount of water returned to the stream at Applicant’s commercial facility. The water replaced to the stream from Applicant’s senior decreed water in Case No. 81CW104 shall be returned at or near the headgate of the Ward Canal or near the location of Quaintance Reservoir. Applicant reserves the right to revise the use and amount referenced above, based on final planning and engineering factors. 14. Name and Address of Owner of Land on Which Structures is or Will Be Located, upon Which Water is or Will Be Stored, or upon Which Water is or Will Be Placed to Beneficial Use: Applicant, Bear Creek Development Corporation. WHEREFORE, Applicant respectfully requests that this Court enter a decree granting the application requested herein and finding that diversion and out of priority use of Applicant’s water right under the plan for augmentation requested herein, will prevent injury to owners and users of vested and conditional water rights, and for such other and further relief as this Court deems just and proper. 2002CW184 DELROY L. JOHNSON AND JANET M. JOHNSON, 14502 Colo. Hwy. 83, Colorado Springs, CO 80921 (Henry D. Worley, MacDougall, Woldridge & Worley, Attorneys for Applicants, 530 Communication 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: Delroy L. Johnson and Janet M. Johnson,

14502 Colo. Hwy 83, Colorado Springs, CO 80921; phone no. 719-589-2901. These Applicants

seek the adjudication of the water in the Dawson, Denver, Arapahoe and Laramie-Fox Hills

underlying their 28.62 acres of land at 14502 Colo. Hwy 83, a portion of the S1/2 SW1/4 Section

34, T. 11 S., R. 66 W., 6th P.M., in El Paso County (the “Property”). The legal description of the

Property is attached as Exhibit A; it is depicted on the map attached as Figure 1. The Property is

located in the Monument Creek drainage. Monument Creek is a tributary of Fountain Creek and

the Arkansas River. 2. Names of wells and permit, registration, or denial numbers: permit

no. 179281. This structure is currently permitted as an exempt well in the Dawson aquifer. 3. Legal description of wells: at any location on the Property. Applicants hereby waive the 600

foot spacing rule as among all Dawson aquifer wells constructed on the Property. 4. Source: Not

nontributary Dawson aquifer; not nontributary Denver aquifer; not nontributary Arapahoe aquifer

and 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: Not nontributary Dawson aquifer, 15 g.p.m. for each well,

15.1 acre feet annually, absolute; not nontributary Denver aquifer, 250 g.p.m., 25.3 acre feet

annually, absolute; not nontributary Arapahoe aquifer, 250 g.p.m., 11.0 acre feet annually, abso-

lute; nontributary Laramie-Fox Hills aquifer, 150 gpm, 8.1 acre feet annually, absolute. The

above amounts will be changed in any proposed decree submitted to the Court for signature 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

August, 2002 Resume Page 32

on which well is located: Same as Applicants, address and phone number noted above. 9. Remarks: A. Applicants have mailed a copy of this application by registered mail, return receipt

requested, to Bank of America in compliance with the notice provisions of C.R.S. §37-90-

137(4)(b.5). There are no other liens or encumbrances against the Property of which the

Applicants are aware. A copy of the letter to Bank of America is submitted with this application.

B. Applicants are the owners of an exempt Dawson aquifer well, permit no. 179281, located on

the Property. Applicants request that the State Engineer’s Determination of Facts for the Dawson

aquifer include the water which would otherwise be allocated to well permit 179281. After entry of

the decree adjudicating the Denver Basin water and approving the plan for augmentation

described below, Applicants will apply for a new well permit for that well, the terms of which are

consistent with the plan for augmentation, rules and regulations of the State Engineer and

applicable statutes.

II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION10. Name, address, telephone number of applicants: Delroy L. Johnson and Janet M. Johnson, 14502

Colo. Hwy 83, Colorado Springs, CO 80921; phone no. 719-589-2901.

11. Name of structures to be augmented: Up to five Dawson aquifer wells, including the

existing well. 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: A. Water Demand. Applicants may

subdivide the Property into as many as 5 lots for single family residences. The water for such lots

is expected to be used for indoor purposes, for livestock watering and for landscape irrigation;

however, so long as there is one structure for human occupation on each lot, thereby causing

septic system return flows, the use of the water will otherwise be unrestricted. Total annual

pumping from the Dawson aquifer will not exceed 3.0 acre feet annually. Per lot usage will be

computed by dividing the total amount to be pumped on an annual basis by the number of lots

into which the property is subdivided. However, the final decree shall not require the Property to

be subdivided, and Applicants will be allowed to pump 0.6 acre feet annually from their existing

well under the plan for augmentation without subdividing their Property. B. Water Consumption and Return Flows. It is generally accepted that no more than ten percent of water used indoors

in residences using non-evaporative septic systems and leach fields for wastewater disposal is

consumed, with 90 percent returning to the stream system. Water used for livestock watering is

considered to be 100 percent consumed. It is generally accepted that no more than 85 percent of

water used for landscape irrigation is consumed. Assuming that there is at least one house or

other structure utilizing a septic system for wastewater disposal on each lot, annual septic

systems return flows will always exceed annual stream depletions. C. Replacement of Stream Depletions During Pumping. Based on computer modeling, stream depletions will occur to

tributaries of the Arkansas River, primarily Monument Creek, and to tributaries of the South Platte

August, 2002 Resume Page 33

River, primarily Cherry Creek. Applicant proposes to replace all stream depletions, including

Cherry Creek stream depletions, to Monument Creek. Computer modeling indicates that stream

depletions will gradually increase to a maximum of 22.94% of average annual pumping in the

300th year. Applicants propose to replace those depletions with septic system return flows during

pumping. D. Replacement of Stream Depletions After Cessation of Pumping. Applicants

agree to replace depletions for the shortest of the following periods: the period provided by the

Colorado Legislature, should it eventually specify one and if the Applicants obtain water court

approval for such modification; the period determined by the State Engineer, should the State

Engineer lawfully establish such a period; the period established through rulings of the Colorado

Supreme Court on relevant cases; or until Applicant petitions the water court and after notice to

parties in the case proves that it has complied with all statutory requirements. Applicants have

calculated that, based on pumping of 3.0 acre feet annually, by the 300th year they will have

pumped 900 acre feet of water, and replaced approximately 110 acre feet of cumulative stream

depletions, leaving a balance of 790 acre feet of unreplaced stream depletions. Applicants will

reserve all of the water in the nontributary Laramie-Fox Hills aquifer for the replacement of post-

pumping depletions, unless and until such time as any of the above conditions occurs which

terminates the obligation to replace post-pumping depletions, or unless Applicants obtain judicial

approval of another source of replacement water for post-pumping depletions. Applicants shall

make post-pumping replacements annually pursuant to computer modeling performed by the

Division Engineer or, if the Division Engineer doesn’t perform such modeling, in the amounts

specified by the Applicants’ ground water geologist, Wm. Curtis Wells. E. Miscellaneous. (1) As stated above, after entry of this decree, Applicants shall apply for a new well permit for the

existing well on terms consistent with this plan for augmentation, rules and regulations of the

State Engineer, and applicable statutes. (2) Applicants will establish restrictive covenants on the

Property which: (a) restrict total pumping from the Dawson aquifer to no more than 3.0 acre feet

annually; (b) require the use of non-evaporative septic systems or a central wastewater disposal

system for wastewater treatment; (c) reserve the Laramie-Fox Hills aquifer water for replacement

of post-pumping depletions, which reservation may be voided upon the occurrence of events

which eliminate the need for such reservation; and (d) which inform the future homeowners of the

possibility that they will be required to construct a well or wells into the nontributary Laramie-Fox

Hills aquifer for replacement of post-pumping depletions. Restrictive covenants limiting the area

to be irrigated or the number of horses, or their water-consuming equivalents, which are allowed

on the Property, are unnecessary for purposes of the decree because the limitation to total

pumping of 3.0 acre feet annually ensures that under any reasonably foreseeable pattern of water

usage, return flows will exceed depletions during the 300 year pumping period. (3) This

application is being filed in both Water Divisions 1 and 2 because stream depletions will occur in

August, 2002 Resume Page 34

both the South Platte and Arkansas drainages. After the time for filing statements of opposition

has expired, Applicants will seek to consolidate the two applications in Water Division 2.

(Application and attachments, 8 pages) 2002CW185 SAVE-A-CHILD, INC., Wayne F. Forman, Esq., Avra O. Morgan, Esq., Brownstein Hyatt & Farber, P.C., 410 17th Street, 22nd Floor, Denver, Colorado 80202, Telephone: (303) 223-1100. Application for Underground Water Rights from Nontributary and Not Nontributary Sources, in ADAMS COUNTY .1. Name, Address and Telephone Number of Applicant: Save-A-Child, Inc., Pastor Thomas Moore, 3241 West 44th Avenue, Denver, CO 80211-1335, (303) 455-6120. 2. Description of Wells: The wells that will withdraw the ground water sought to be decreed by this Application have not yet been constructed, nor have applications for well permits been filed. Prior to constructing any well to withdraw the subject ground water, Applicant will apply to the State Engineer for a permit to construct that well. The Applicant requests that the Court require, as a condition of the decree entered in this case, that well permits be issued upon application for any such wells in accordance with said decree. 3. Description of Overlying Land. The wells will withdraw ground water from the Lower Arapahoe and Laramie-Fox Hills aquifers underlying approximately 57 acres of land, including that part of the north one-half southeast one-quarter of Section 22, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, lying west of the E-470 Highway right-of-way and west of Riverdale Road right-of-way, as generally depicted on the map attached as Exhibit A (the "Property"). Applicant seeks to locate the wells to withdraw ground water from the Lower Arapahoe and Laramie-Fox Hills aquifers anywhere on the Property, or on contiguous or nearby properties as authorized by the State Engineer pursuant to Rule 11 of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7 (1986). 4. Source, Augmentation Requirements, Limits on Consumption: 4.1. Source: Applicant seeks a determination of its right to withdraw all of the ground water in the Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Property. The ground water underlying the Property in the Lower Arapahoe aquifer is "not-nontributary ground water," as defined in § 37-90-103(10.7), 10 C.R.S. (2001), and is subject to the provisions of § 37-90-137 (9)(c), 10 C.R.S. (2001). The water in the Laramie-Fox Hills aquifer is "nontributary ground water" as defined in § 37-90-103 (10.5), 10 C.R.S. (2001). 4.2. Augmentation requirements: Applicant will make no use of the subject Lower Arapahoe aquifer ground water prior to the issuance of a judicially-approved plan for augmentation, as required by § 37-90-137(9)(c)(I), 10 C.R.S. (2001), unless that requirement is eliminated by future change in the law. 4.3. Limits on Consumption: Applicant will not consume more than 98% of the annual quantity of water withdrawn from the nontributary Laramie-Fox Hills aquifer. The relinquishment to the stream system of 2% of the annual amount of water withdrawn, as required by Rule 8 of the Denver Basin Rules, 2 C.C.R. 402-6 (1985), may be satisfied by any method selected by the Applicant, satisfactory to the State Engineer, so long as it can be shown that an amount equal to 2% of such withdrawals (by volume) has been relinquished to the stream system. 5. Date of Appropriation, How Appropriation Was Initiated, and Date Water Was Applied to Beneficial Use: The rights sought to be decreed in this case are not governed by the appropriation doctrine. Applicant requests the Court to decree that the rights adjudicated in this case are vested property rights, notwithstanding the fact that the ground water has not yet been diverted and applied to beneficial use. 6. Amount Claimed and Proposed Pumping Rates: Applicant claims the right to withdraw all of the ground water legally available within the Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Property, over the statutorily-established 100-year life of the aquifers as set forth in § 37-90-137(4), 10 C.R.S. (2001), and to withdraw said amounts at whatever rate is required in order to produce water in the amounts and rates of flow needed (the "subject ground water"). Applicant requests that a nominal production rate of 100 g.p.m. be established for each well drilled in the Lower Arapahoe aquifer and 150 g.p.m. be established for each new well drilled into the Laramie-Fox Hills aquifer; the actual production rate may exceed this amount, if necessary, in order to produce the total annual amount of ground water available for withdrawal. 6.1. Estimated Average Annual Amounts of Withdrawal: The estimated average annual amounts of ground water available for withdrawal from the subject aquifers, based upon the Denver Basin Rules, 2 C.C.R. 402-6 (1985), are as follows:

Aquifer Area (Acres)

Average Specific

Average Saturated Thi k

Estimated Average Annual

A f

Depth to

August, 2002 Resume Page 35

Yield Thickness Amount of withdrawal (AF/Year)

Top (ft)

Bottom (ft)

Lower Arapahoe

(NNT)

56.94 0.17 128.00 12.4 171 375

Laramie-Fox Hills

(NT)

56.94 0.15 216.00 18.4 857 1162

6.2. Banking: Applicant requests the Court to determine that the allowed annual amounts of withdrawal may exceed the average annual amounts of withdrawal of water as long as the total volume of water withdrawn from the wells does not exceed the product of the number of years since the date or dates of issuance of any well permit or the date of the decree entered in this case, whichever comes first, times the allowed average annual amount of withdrawal, as provided for by Rule 8(A) of the Statewide Nontributary Ground Water Rules. 6.3. Adjustment of Annual Amounts of Withdrawal: The court shall retain jurisdiction over this matter to provide for the adjustment of the allowed annual amount of withdrawal to conform to actual local aquifer characteristics (upward or downward) from adequate information obtained from well drilling or test holes. See § 37-92-305(11), 10 C.R.S. (2001). 7. Proposed Use: The subject ground water will be used, re-used, successively used and otherwise disposed of for municipal, domestic, industrial, commercial, fire protection, irrigation, stock watering, recreation, fish and wildlife preservation and propagation, augmentation, replacement, exchange and all other beneficial uses, either on or off of the Property. Said water will be produced for immediate application to beneficial use, for storage and subsequent application and beneficial use, for exchange purposes, for replacement of depletions and all other augmentation purposes. Applicant claims the right to use, re-use to extinction and/or to take return flow credit for all of the ground water which is subject to this application, subject to the provisions of Rule 8 of the Denver Basin Rules, 2 C.C.R. 402-6 (1985). 8. Owners of Overlying Land: Applicant, Save-A-Child, Inc., is the owner of all of the overlying land. 9. Well Fields and Additional Wells: 9.1. Well Fields. Applicant requests the Court to confirm its right to use any wells constructed for the withdrawal of the subject ground water in the same aquifer as alternate points of diversion for one another, and to find that such wells comprise a well field, as authorized under Rule 14 of the Statewide Nontributary Ground Water Rules. Pursuant to Rule 14, Applicant may produce the subject ground water from any combination of wells in the well field. 9.2. Additional and Replacement Wells. The Applicant also seeks the right to construct additional and replacement wells for the withdrawal of the subject ground water, as necessary, in order to maintain production levels in the aquifers, without publishing additional notice or filing any additional pleading with the Court. As such additional wells are planned, applications shall be filed in accordance with § 37-90-137(10), 10 C.R.S. (2001), for evaluation by the Division of Water Resources. 10. Waiver of 600-Foot Well Spacing Requirements: Applicant hereby waives the 600-foot well spacing limitations contained in § 37-90-137(2)(b)(I), 10 C.R.S. (2001) and Rule 11(c), 2 C.C.R. 402-7 (1986), with respect to wells owned by Applicant, but will adhere to such well spacing requirements regarding wells not owned by Applicant. WHEREFORE, the Applicant respectfully requests the Court to enter a decree granting the Application awarding the ground water rights claimed and specifically determining that: 1. The Applicant is lawfully entitled to a decreed right to withdraw the subject ground water in the amounts requested in this Application; (a) the subject ground water rights shall not be administered in accordance with the doctrine of prior appropriation; and (b) vested water rights of others will not be materially injured by such withdrawals. Applicant may not withdraw any ground water from the Lower Arapahoe aquifer until a plan for augmentation is decreed consistent with § 37-90-137(9)(c), 10 C.R.S. (2001). 2. The Applicant's full annual acre-foot entitlement to the Lower Arapahoe and Laramie-Fox Hills aquifers may be produced through any combination of wells constructed into each aquifer anywhere on the Property, or on contiguous or nearby properties as authorized by the State Engineer pursuant to Rule 11 of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7 (1986), subject to compliance with Rule 11.B. of the Statewide Nontributary Ground Water Rules, 2 C.C.R. 402-7 (1986). Applicant has waived the 600-foot well spacing requirement provided in Rule 11.C. Statewide Nontributary Ground Water Rules

August, 2002 Resume Page 36

regarding any such well constructed by Applicant, but must adhere to such requirement regarding wells owned by others. Any wells constructed for the withdrawal of the subject ground water may be used as alternate points of diversion and as a well field, and Applicant may exceed the nominal pumping rates specified in this Application, in order to produce its full acre-foot entitlement. Applicant may construct said wells without the necessity of filing any further amendments to this Application, republishing the Application, or reopening the decree. 3. The Applicant need not publish a new application or republish this Application in order to invoke the Court's retained jurisdiction to adjust the volumes of the ground water decreed in this case based on site specific data. 4. The Applicant may bank the ground water decreed herein in accordance with Rule 8.A. of the Statewide Nontributary Ground Water Rules. 5. The Applicant has the right to construct additional, supplemental, or replacement wells for the withdrawal of the subject ground water as are necessary in order to maintain production levels in each formation without publishing additional notice or filing any additional pleading with the Court. 6. The Applicant has the right to seek approval by subsequent application to the Court to withdraw additional ground water through the well fields described in this Application, subject to compliance with Rule 11.B. of the Statewide Nontributary Ground Water Rules, without requesting approval of a change of the water rights decreed herein. 7. The State Engineer shall grant well permits for the construction of new wells to be used for the withdrawal of the subject ground water upon application by the Applicant and for any additional, supplemental or replacement wells required, in accordance with the terms of any decree entered in this case, in order to maintain production levels in each formation. 2002CW186(W-102, W-102-73, 82CW374, 86CW286 & 95CW175) Buffalo Park Development Company, c/o Ronald P. Lewis 26624 N. Turkey Creek Road Evergreen, Colorado 80439 Telephone: (303) 674-7777 (c/o Stephen T. Williamson and Matthew Machado, Law Office of Stephen T. Williamson, P.O. Box 850, 813 Main Street Louisville, Colorado 80027, 303-666-4060) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE In the South Platte River or its Tributaries IN JEFFERSON COUNTY. 2. Decreed name of structure for which diligence is claimed: Mariposa Water Supply System, aka Homestead Water System consisting of Mariposa Structure 1 (Gallery); Mariposa Structure 2 (Gallery); Mariposa Structure 3 (Gallery); Mariposa Structure 4 (Sump); Mariposa Structure 5 (Gallery); Mariposa Structure 6 (Gallery); Mariposa Structure 7 (Gallery); Mariposa Structure 8 (Gallery); Mariposa Structure 9 (Gallery); Mariposa Structure 10 (Gallery); Mariposa Structure 11 (Gallery); Mariposa Structure 12 (Gallery); Mariposa Structure 13 (Gallery); Mariposa Structure 14 (Sump); Mariposa Structure 15-44277 (Deep Well); and Mariposa Structure 16-23250-F (Deep Well). 3. Description of conditional water rights: The water rights described herein were originally adjudicated in Case No. W-102, Water Division No. 1. Previous diligence decrees have been entered in Case No. W-102-73, Case No. 82CW374, Case No. 86CW286, and most recently in Case No. 95CW175, decree entered August 14, 1996. The water rights are described in more detail as follows: A. The legal descriptions for each of the structures: All structures are located in Township 5 South and Township 6 South, Range 70 West, 6th P.M., Jefferson County. i. Mariposa Structure 1: NE 1/4 SW 1/4, Section 4, Township 6 South, at a point whence the SW corner, Section 33, Township 5 South bears N 39Ε30'W, 3,680 feet. ii. Mariposa Structure 2: SE 1/4 NW 1/4, Section 4, Township 6 South, at a point whence the SW corner, Section 33, Township 5 South bears N 41Ε30', 2,730 feet. iii. Mariposa Structure 3: SW 1/4 NE 1/4, Section 4, Township 6 South, at a point whence the SW corner, Section 33, Township 5 South bears N 63Ε30' W, 3,600 feet. iv. Mariposa Structure 4: SW 1/4 NE 1/4, Section 4, Township 6 South, at a point whence the SW corner, Section 33, Township 5 South bears N 64Ε30' W, 4,300 feet. v. Mariposa Structure 5: SE 1/4 NE 1/4, Section 32, Township 5 South, at a point whence the NW corner, Section 33, Township

August, 2002 Resume Page 37

5 South bears N 15Ε30'E, 2,150 feet. vi. Mariposa Structure 6: SW 1/4 NW 1/4, Section 33, Township 5 South, at a point whence the NW corner, Section 33 bears N 11Ε00' W, 2,100 feet. vii. Mariposa Structure 7: SW 1/4 SW 1/4, Section 33, Township 5 South, at a point whence the SW corner, Section 33 bears S 65Ε00' W, 460 feet. viii.Mariposa Structure 8: NW 1/4 SW 1/4, Section 33, Township 5 South, at a point whence the SW corner, Section 33 bears S 4Ε30' W, 2,100 feet. ix. Mariposa Structure 9: SW 1/4 NW 1/4, Section 33, Township 5 South, at a point whence the NW corner, Section 33 bears N 22Ε30'W, 2,000 feet. x. Mariposa Structure 10: NE 1/4 SE 1/4, Section 29, Township 5 South, at a point whence the NW corner, Section 33, Township 5 South bears S 28Ε30' E, 2,280 feet. xi. Mariposa Structure 11: NW 1/4 SW 1/4, Section 28, Township 5 South, at a point whence the NW corner, Section 33, Township 5 South bears S 6Ε30' W, 2,450 feet. xii. Mariposa Structure 12: SE 1/4 NW 1/4, Section 33, Township 5 South, at a point whence the NW corner, Section 33 bears N 50Ε00' W, 2,160 feet. xiii.Mariposa Structure 13: SW 1/4 NW 1/4, Section 33, Township 5 South, at a point whence the NW corner, Section 33 bears N 12Ε30' W, 1,500 feet. xiv. Mariposa Structure 14: NE 1/4 NW 1/4, Section 33, Township 5 South, at a point whence the NW corner, Section 33 bears N 81Ε30' W, 2,600 feet. xv. Mariposa Structure 15-44277: NW 1/4 NW 1/4, Section 4, Township 6 South, at a point whence the SW corner, Section 33, Township 5 South bears N 88Ε00' W, 1,210 feet. xvi. Mariposa Structure 16-23250-F: NW 1/4 NE 1/4, Section 32, Township 5 South, at a point 200 feet South of the North line and 2,200 feet West of the East line, Section 32, a/k/a Lot 49, Block 1, Filing 4, the Homestead. B. The source of water: i. Mariposa Structures 1, 2, 3 and 4: Tributary to Homestead Gulch, tributary to South Turkey Creek ii. Mariposa Structures 5, 6, 7, 8, 9, 12, 13 and 14: Tributary to Iowa Gulch, tributary to South Turkey Creek iii. Mariposa Structures 10 and 11: Tributary to North Turkey Creek iv. Mariposa Structures 15 and 16: Nontributary from deep, open high angle fault zones which are located in precambrian metamorphic rock. These zones lie beneath the tributary waters of the surface fracture zone which is generally considered to lie within 200 feet of the surface and is physically separated from that surface zone by the deep weathering of the fault breccia to impermeable clay material. Thus prolonged pumping from these structures will not intercept any waters flowing in the surface streams in the aquifers of the State nor will it induce any measurable recharge from the surface water supplies. C. The dates of appropriation: i. Mariposa Structures 1, 2, 3, 4, 7 and 8: June 1, 1933 ii. Mariposa Structures 5, 6, 9, 10, 11, 12, 13 and 14: May 1, 1906 iii. Mariposa Structures 15 and 16: July 1, 1969 D. The amount of water (“c.f.s.” and “g.p.m” stand for cubic feet per second and gallons per minute, respectively): i. Mariposa Structure 1: 0.021 c.f.s (9.5 g.p.m.) Absolute. 0.202 c.f.s. (90.5 g.p.m.) Conditional. ii. Mariposa Structure 2: 0.067 c.f.s. (30 g.p.m.) Conditional. iii. Mariposa Structure 3: 0.067 c.f.s. (30 g.p.m.) Conditional. iv. Mariposa Structure 4: 0.045 c.f.s. (20 g.p.m.) Conditional. v. Mariposa Structure 5: 0.178 c.f.s. (80 g.p.m.) Conditional. vi. Mariposa Structure 6: 0.007 c.f.s. (3.1 g.p.m.) Absolute. 0.104 c.f.s. (46.9 g.p.m.) Conditional. vii. Mariposa Structure 7: 0.178 c.f.s. (80 g.p.m.) Conditional. viii.Mariposa Structure 8: 0.178 c.f.s. (80 g.p.m.) Conditional. ix. Mariposa Structure 9: 0.290 c.f.s. (130 g.p.m.) Conditional. x. Mariposa Structure 10: 0.045 c.f.s. (20

August, 2002 Resume Page 38

g.p.m.) Conditional. xi. Mariposa Structure 11: 0.022 c.f.s. (10 g.p.m.) Conditional. xii. Mariposa Structure 12: 0.033 c.f.s. (15 g.p.m.) Conditional. xiii.Mariposa Structure 13: 0.067 c.f.s. (30 g.p.m.) Conditional. xiv. Mariposa Structure 14: 0.290 c.f.s. (130 g.p.m.) Conditional. xv. Mariposa Structure 15-44277: 0.022 c.f.s. (10 g.p.m.) Absolute. 2.3 annual acre feet Absolute. 0.045 c.f.s. (20 g.p.m.) Conditional. 0.9 annual acre feet Conditional. xvi. Mariposa Structure 16-23250-F: 0.025 c.f.s. (10 g.p.m.) Absolute. 0.042 c.f.s. (20 g.p.m.) Conditional. 13 acre feet annually Absolute. E. The use of the water: Domestic, municipal, irrigation and recreational purposes on the 1,300 acres of Homestead Filing I through V and Homestead First Addition in parts of Sections 27, 28, 29, 32 and 33, Township 5 South, Range 70 West and Section 3, 4 and 5, Township 6 South, Range 70 West. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed: A. The subject water rights are part of an integrated water system which will require many years to complete. The engineering fees associated with the development of the subject water rights during the diligence period, August 1996 through August 2002, includes $127,337. The engineering work accomplished during this period includes the following: 1) modification of the design, plans and specifications for the structures; 2) protection of the structures from the expansion of US Highway 285 right-of-way; 3) application to the State Engineer for permits for Structures 9 and 12; 4) monitoring the monthly resume of water applications in the Water Division No. 1; 5) filing objections and participating in several water court cases to protect the subject water rights; and 6) prosecuting a plan for augmentation in Case No. 94CW290 to expand the Homestead water supply system within the subdivision and to adjacent properties. In addition, the applicant expended legal fees related to the afore-mentioned items. B. During the 2001 Water Year, Applicant diverted 13 acre feet of water from the Mariposa Structure 16-23250-F, and that amount is claimed absolute herein. WHEREFORE, applicant requests that the court find diligence in the development of the water rights described herein and continue the conditional decrees for said structures for the statutory period. 2002CW187 Water Division II Case #2002CW117 WILLIAM DUNSTON, JR. AND MATTHEW W. DUNSTON, Applicants, IN EL PASO COUNTY, (Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Carmen Hall, Atty. Reg. #19985, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202 Telephone: (303) 534-0702 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AND DENVER AQUIFERS.1.Names, Addresses, and telephone numbers of Applicants:William Dunston, Jr. and Matthew W. Dunston17145 Colonial Park DriveMonument, Colorado 80132(719) 243-1111Please transmit all correspondence to:Carmen Hall, Esq. Petrock & Fendel, P.C.,700 17th Street, 1800 Denver, Colorado 80202 2. Well Permits: Well permits will be applied for when Applicants are prepared to drill the wells.3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the subject not nontributary and nontributary aquifers will be located on approximately 349 acres of land located in parts of Sections 14, 15, 22, and 23, T11S, R66W of the 6th P.M, as more particularly described and shown on Attachment A hereto (Subject Property). Applicants are the owners of the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Dawson aquifer underlying all of the Subject Property and the Denver aquifer water underlying the Subject Property located underlying Sections 15 and 22 is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The ground water to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifer underlying all of the Subject

August, 2002 Resume Page 39

Property and the Denver aquifer water underlying the Subject Property underlying Sections 14 an 23 is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5.Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants waive the 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. (The annual amounts available in the Dawson and Denver aquifers may be reduced for pre-existing wells): Saturated Estimated Aquifer Thickness Annual Amount Dawson 440 feet 296 acre-feet(NNT) Denver 550 feet 164 acre-feet(NNT) Denver 550 feet 220 acre-feet(NT) Arapahoe 240 feet 137 acre-feet(NT) Laramie-Fox Hills 200 feet 101 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 nontributary and not nontributary groundwater underlying the Subject Property. 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, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, and any other beneficial purpose. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation:A. Water and structures to be augmented: Approximately 45.1 acre-feet per year over a 300 year pumping period of Dawson aquifer water requested herein. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water.C. Statement of plan for augmentation: The subject Dawson aquifer groundwater may be used for inhouse, irrigation, and stockwatering purposes to serve approximately 82 residential lots on the Subject Property for 300 years. The lots will be served by individual wells which will withdraw at rates of flow of 15 gpm. For purposes of this application, Applicants estimate that each lot will require approximately 0.55 acre-feet annually for inhouse use (0.3 acre-feet), irrigation use 3500 square-feet of home lawn and garden (0.2 acre-feet), and stockwatering of up to 4 horses (0.05 acre-feet). Applicants reserve the right to revise the number of lots to be served and the referenced demand without the need of revising or republishing this application. Each lot will utilize non-evaporative septic systems. Consumptive use associated with inhouse use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering use will be 100% consumed.During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Because depletions may occur in both Water Divisions 1 and 2, this application is being filed in both divisions. Return flows from the development through nonevaporative septic systems and irrigation use accrue to the South Platte River system and those return flows are sufficient to replace actual depletions to that system while those wells are being pumped. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. Depletions which may occur to the Arkansas River system may not be replaced by return flows from use of

August, 2002 Resume Page 40

the water, if that is the case, said depletions will be replaced by direct discharges from the nontributary groundwater decreed herein, or from direct discharges or return flows from other legally available sources. Applicants may also request that the total amount of depletion to both stream systems be returned to one system and for a finding that those replacements are sufficient.After pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property for replacement of post-pumping depletions.10. Remarks:A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same.C.Applicants will withdraw all or parts of the not nontributary Dawson aquifer water requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree:11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Dawson aquifer and part of the Denver aquifer is not nontributary and groundwater in the Arapahoe and Laramie-Fox Hills aquifers and part of the Denver aquifer is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. The post-pumping depletion caused by pumping of the not nontributary Dawson aquifer wells is noninjurious. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. (Exhibits ON FILE with Court) 2002CW114 BERNARD D. VONFELDT, 7910 Apple Blossom Lane, Westminster, CO 80030. Application for Underground Water Right, IN PARK COUNTY. Application republished to correct the Range in the legal description. The legal should read SW1/4NE1/4, S1, T8S, R76W, 6th P.M.. All other items remain as published in the Jun, 2002 Resume. YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of October, 2002 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. DECREES ENTERED BY JUDGE HAYS AUGUST 21, 2002 97CW176 ELK CREEK MEADOWS HOMEOWNERS’ JEFFERSON 8 PAGES 98CW017 ALLAN BIELANSKI DOUGLAS 3 PAGES 2000CW148 FALCON WING RANCH, LLC JEFFERSON 49 PAGES 2001CW012 POLO PROPERTIES, LTD. JEFFERSON 8 PAGES

August, 2002 Resume Page 41

DECREE ENTERED BY JUDGE DENNIS MAES, AUGUST 26, 2002 (Water Div. 2) 01CW118 DARRELL J. SANFORD EL PASO 18 PAGES 01CW064 (Case No. for Water Div. 2)