July 2005 - CO Courts€¦ · JULY 2005 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER...

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DISTRICT COURT, WATER DIVISION 1, COLORADO JULY 2005 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JULY 2005 for each County affected.

2005CW161 BERNARD AND ERNA COAPLAND, 339 Oswego Ct., Aurora, CO 80010. APPLICATION FOR UNDERGROUND WATER RIGHT, IN PARK COUNTY. Coapland’s Well #056608-F, previously decreed in Water Div. 1 Case No. 96CW338, located in the SE1/4, SW1/4 of S34, T9S, R75W of 6th PM, Park County, at a point 1150’ from the S and 1850’ from the W section lines. 1540 Warrior Cirlce, Indian Mountain, Lot 110, Filing 18. Source: Groundwater Depth: 302’ Date of appropriation: 5/31/1973. How appropriation was initiated: Purchase of property Date water applied to beneficial use: Nov. 2004 Amount claimed: 0.033 cfs (15.0 gpm). Use: Household use only. Owner: Applicant. 2005CW162 CHARLES E. AND INGEBORG M. FRYE; VIVIAN M. AND CHRISTOPHER J. FRYE, 24896 WCR 19, Windsor, CO 80550. APPLICATION FOR FINDING OF DILIGENCE, IN WELD COUNTY. Lydia’s Ditch, previously decreed in Water Division No. 1 Case No. 98CW086, is located in SE1/4 NW1/4, S10, T6N, R67W, 6th P.M., Weld County, 2400’ from the N and 880’ from the E section lines. Source: Natural runoff and seepage. Appropriation: 01/02/1990. Amount: 2 cfs Conditional. Use: Irrigation on approx. 37 acres NW1/4, S10. Steps toward completion: A retaining pond has been constructed and water pumped to irrigate approx. 10 acres to the east of Lydia’s Ditch. 2005CW163 JIM ADAMS, Fliter Plant Rd., Bellvue, CO 80512. APPLICATION FOR CHANGE OF WATER RIGHT, IN LARIMER COUNTY. Decreed name of structure for which change is sought: Foster Well #13563. From Previous Decree: Date Entered: 02/07/1973 Case No. W-2465 Court: Weld County District Court, Water Div. 1 CO. B. Decreed point of diversion (include map): SE1/4 NE1/4 S23, T8N, R70W, 6th P.M., Larimer County, at a point 206’S and 600’ W of the SE corner of the NE1/4 NE1/4 of said S 23. Source: Groundwater Appropriation Date: 3/10/1902 Amount: 0.033 cfs. Historic Use: Irrigation of 4 acres. Proposed change: To correct well location to SE1/4 NE1/4, S23, T8N, R70W, 6th P.M., Larimer County, 1470’ from the N and 99’ from the E section lines, 4332 Fliter Plant Rd., Bellevue, CO 80512. Owner: Applicant. 2005CW164 DAVID JOHN AMEN, 10443 CR 25, Sterling, CO 80751. APPLICATION FOR CHANGE OF WATER RIGHT, IN LOGAN COUNTY. Decreed name of structure for which change is sought: Well #7400. From Previous Decree: Entered: 01/26/1971, Case No. W-492 Weld County District Court, Water Div. 1 CO. Decreed point of diversion: NW1/4 NW1/4 S21, T7N, R53W, 6th P.M., Logan County, 330’S of the N and 330’ E of the W section lines. Source: Alluvial of the South Platte. Appropriation Date: March 1951. Amount: 2.22 cfs. Historic Use: Irrigation. Proposed change: To correct well location to NW1/4 NW1/4 S21, T7N, R53W, 6th P.M., Logan County, 670’ from the N and 411’ from the W section lines. Owner: Applicant.

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2005CW165 MH Alpine, LLC, 7887 East Belleview Avenue, Suite 800, Denver, Colorado 80111, Jerry Miller and Alice Hovis, P. O. Box 174, Evergreen, Colorado 80437. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR A FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 1. Name of Conditional Exchange: Mystic Ridge Exchange. 2. Description of Conditional Water Right: A. Date of Original Decree: June 11, 1999. Case No.: 98CW311. Court: District Court, Water Division 1. B. Summary of the Exchange and the Legal Description of the Upstream and Downstream Points: The Mystic Ridge Exchange involves the exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decrees entered in Case No. 98CW311, and Case No. 2001CW293, dated July 16, 2003, to the point of depletion for the wells described in the plan for augmentation approved in 98CW311. This is an upstream movement of water. Stream segments impacted by the exchange are portions of Bear Creek and an unnamed tributary of Bear Creek. The downstream point of the exchange is the confluence of Bear Creek and the South Platte River in Jefferson County. The reach of the exchange extends up Bear Creek to the confluence of Bear Creek and an unnamed tributary of Bear Creek located in the NW 1/4 SE 1/4 of Section 5, Township 5 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the wells described in the Decree entered in Case No. 98CW311 impact the unnamed tributary in the NE 1/4 SE 1/4 of Section 31, Township 4 South, Range 71 West, 6th P.M. C. Source: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch and the Soda Lakes Reservoir Nos. 1 and 2. Reference is made to the Decrees entered in Case Nos. 98CW311 and 2001CW293 for a complete description of the MMRC water that is exchanged. D. Date of Appropriation: July 6, 1998. E. Amount: 0.001 of a cubic foot per second, Conditional. The annual volume of water exchanged is limited to 0.386 of an acre foot. F. Use of the Water: Augmentation, replacement, substitution and exchange purposes. All such uses have been decreed in prior cases in which MMRC has been an applicant or a co-applicant. 3. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: MH Alpine, LLC, Jerry Miller and Alice Hovis are the successors in interest to the property covered by the plan for augmentation decreed in Case No. 98CW311. At the time the Decree in Case No. 98CW311 was entered, the property was owned by Mystic Ridge, L.L.C. Mystic Ridge proceeded with plans to develop the subject property as a nine unit residential subdivision, but did not complete the platting process. Jerry Miller and Alice Hovis purchased 18 acres from Mystic Ridge in 2004 and are building a single family home on the property. It is anticipated that the home will be completed by the Fall of this year. MH Alpine, LLC recently acquired the remainder of the property from Mystic Ridge and is proceeding with plans to construct two single family homes. Construction on the first home is anticipated to begin during the 2005 building season. One well has been constructed on the subject property. However, to date water from the well has not been used extensively. It is not known exactly how much money was spent by Mystic Ridge on the subdivision process. However, it is believed that total expenditures to develop the subject property since the Decree in Case No. 98CW311 was entered exceed several hundred thousand dollars. 4. Date Water Applied to Beneficial Use: N/A. WHEREFORE, Applicants request the Court find that diligence has been demonstrated on the completion of the conditional exchange and enter an Order continuing the conditional status of the exchange right for another diligence period. (4 pages). 2005CW166 RODNEY W. AND SUE ELLEN LAING, 493 N. Watkins Rd., Watkins, CO 80137. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, IN ARAPAHOE COUNTY. Well Permits: Well permits will be applied for prior

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to construction of the wells. Legal Description of Wells and Subject Property: The property which is the subject of this application is approx. 40 acres of land located in the NE1/4NE1/4 of Section 12, T4S, R65W of the 6th P.M. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137 (4), C.R.S. Source of Water Rights: The source of the groundwater to he withdrawn from the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers underlying, the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Denver aquifer is not nontributary as described in 37-90-103(10.7), C.R.S. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annuall amounts are representative of the Denver, Upper and Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Denver 255 feet 17 acre-feet Upper Arapahoe 152 feet 10 acre-feet Lower Arapahoe 65 feet 4 acre-feet Laramie-Fox Hills 170 feet 10 acre-feet Applicant will reserve part of the Denver and Upper Arapahoe aquifer water which may he available for use through existing exempt wells. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant’s well fields. As additional wells are constructed, applications will be filed in. accordance with 37-90-137(10), CR.S. Proposed Use: The water will be used and reused for domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection, and augmentation purposes. 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. Remarks: Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R.. 402-7. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 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; Specifically determining that: Applicant has complied with 37-90-137(4), C.RS., and water is legally available for withdrawal by the wells proposed herein. The groundwater in the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Denver aquifer is not nontributary and that water will not be withdrawn until a plan fur augmentation is approved by the Court; Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. 2005CW167 GREENTREE LAND COMPANY, LLC, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY 1. Name, Address, Telephone Number of Greentree Land Company, LLC, P.O.Box 2693 , Elizabeth, CO 80107, (303) 663-4321, through

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their attorneys Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702, 2. Well Permits: Well permits will be applied for prior to construction of the wells., 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 320 acres of land located in the SE1/4 of Section 10 and the SW1/4 of Section 11, T7S, R65W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S., 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 177 feet 113 acre-feet(NNT) Lower Dawson 52 feet 33 acre-feet(NT) Denver 311 feet 169 acre-feet(NT) Arapahoe 254 feet 138 acre-feet(NT) Laramie-Fox Hills 181 feet 86 acre-feet(NT) Applicant will reserve part of the Upper Dawson aquifer water which may be available for use through exempt wells pursuant to Section 37-92-602, C.R.S.,6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7.Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8.Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9.Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein. B. The groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Upper Dawson aquifer is not nontributary and that decreed water will not be withdrawn until a plan for augmentation is approved by the Court;

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C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. 05CW168 ERIC AND ROBIN JACOBSHAGEN, 551 Madge Gulch Road, Sedalia, Colorado 80135. Telephone: 303.688.1035, in Douglas County. (Robert E. Schween, P.C., Robert E. Schween, Esq.. 8231 South Winnipeg Circle, Aurora, Colorado 800166. Telephone: 303.690.8451) Application to Make Water Right Absolute, IN DOUGLAS COUNTY. 1. Name of Structure: Jacobshagen Well (Permit No. 055813-F) (Case No. 96-CW-1134). 2. Description of Conditional Water Right: A. Background: A decree in Case No. 96-CW-1134 was entered on March 04, 1999, for the Jacobshagen Well, an alluvial well, along with a plan for augmentation, allowing withdrawal of tributary ground water. B. Source: Alluvial ground water tributary to Jarre Creek, tributary to Plum Creek, tributary to the South Platte River. C. Appropriation Date: July 31, 1996. D. Location of Structure: The structure is located in the NW 1/4 of the SE 1/4, Section 7, Township 8 South, Range 68 West of the 6th P.M., at a point approximately 2400 feet from the South section line and 2200 feet from the East section line, in Douglas County, as shown on the General Location Map, Exhibit A, and the Site Location Map, Exhibit B, hereto. E. Amount: Up to one (1) acre-foot per year at a rate of withdrawal of 8.0 gpm, CONDITIONAL. F. Uses: In-house domestic needs of one single family home, stockwatering of non-commercial domestic animals and horses, and lawn and garden irrigation of approximately 1/4 acre of Applicant's property, which is described Lot 1, Enchantment Subdivision No. 3, Douglas County. See Exhibits A and B. G. Previous Diligence Cases: None. The decree in Case No. 96-CW-1134 indicated that an application for a sexennial finding of reasonable diligence must be filed during the month of March, 2006. The decree should have stated March, 2005. Nevertheless, the Water Court entered an Order, sua sponte, dated May 25, 2005, indicating that the Water Court did not send a timely Notice of Expiration and extending the deadline for filing an application for a finding of reasonable diligence until July 29, 2005. 3. Support for Finding of Reasonable Diligence: A. This verified application for finding of reasonable diligence and to make water right absolute is filed pursuant to the Water Right Determination and Administration Act of 1969, § 37-92-301(4)(a)(I), C.R.S., as amended. B. During the diligence period, Applicants have continued with the orderly planning, designing, and construction of the diversion structure and have completed the use of the associated water rights. These activities include: Diligence Activities: (1) Engineering, legal work, and filing of the well permit application for the well. (2) Receipt of Well Permit No. 055813-F, and construction of such permitted well. The structure was completed and put to use on May 16, 2003. (3) The structure has produced water at a rate of flow of up to 8.0 gpm. Such water has been used for the in-house domestic supply for one residence, for irrigation of garden areas, and for watering of non-commercial domestic animals on the property. Diligence Expenditures: Applicants have expended at least $ 15,500 on the above described activities during this diligence period. See Affidavit of Applicants, attached as Exhibit C hereto. 4. Claim To Make Absolute. A. Applicants seek an absolute decree for the Jacobshagen Well No. 055813-F, for production of up to one (1) acre-foot per year at a rate of flow of up to 8.0 gpm, for the following uses: (1) Domestic; (2) Lawn and garden irrigation, and (3) Stockwatering. B. All such uses have been made of such water produced during this diligence period. See Affidavit attached hereto as Exhibit C. WHEREFORE, Applicants request this Court to enter a decree granting the application herein and finding specifically that: (1) The Jacobshagen Well and water right decreed in Case No. 96-CW-1134 is made ABSOLUTE as follows: (a) 1 AF per year, at rate of up to 8.0 gpm. (b) All domestic, lawn and garden irrigation, and stockwatering uses. (2) Applicants were diligent in the perfecting the water uses as decreed in Case No. 96-CW-1134, Water Division 1, and have accordingly complied with the requirements of § 37-

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92-301(4), C.R.S., in this regard. FURTHER, Applicants request this Court grant such other relief that it deems proper in this matter. 05CW169 TOWN OF JAMESTOWN, P. O. Box 298, Jamestown, CO 80455-0298 (Veronica A. Sperling, Brian A. Knutsen, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306-1440). APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN BOULDER COUNTY. 2. Names of structures: Main Street Diversion and Mesa Street Diversion. 3. Describe conditional water rights (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of original decree: December 1, 1982. Case No.: 79CW333. Court: District Court, Water Division No. 1. B. Location: Main Street Diversion (Registration Permit No. 46189F): Located in the NE1/4 NE1/4 NW1/4 of Section 30, Township 2 North, Range 71 West of the 6th P.M., 2600 feet east of the west section line and 200 feet south of the north section line of Section 30. Mesa Street Diversion (Registration Permit No. 46190F): Located in the NW1/4 SW1/4 SW1/4 of Section 19, Township 2 North, Range 71 West of the 6th P.M., 300 feet east of the west section line and 700 feet north of the south section line of Section 19. C. Source: The source of water is groundwater and surface water in James Creek and Little James Creek, tributaries of Left Hand Creek, a tributary of St. Vrain Creek, which is a tributary of the South Platte River. D. Appropriation date: February 10, 1958. Amount: Main Street Diversion: 0.209 cfs (95 gpm) CONDITIONAL; 0.121 cfs (55 gpm) ABSOLUTE. Mesa Street Diversion: 0.385 cfs (175 gpm) CONDITIONAL; 0.275 cfs (125 gpm) ABSOLUTE. E. Use: Irrigation, commercial, recreation, fire protection, stockwatering, industrial, fishery, domestic and all municipal purposes. F. Depth: Main Street Well is constructed to a depth of 28 feet and the Mesa Street Well is constructed to a depth of 21 feet. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The subject conditional water rights are part of the Jamestown Water Supply System, and during the subject diligence period, applicant has continued to plan for and pursue development and use of the subject conditional water rights in its municipal water supply system. During the subject diligence period, applicant has expended in excess of $200,000 to develop its municipal water supply system. The work undertaken by applicant during the subject diligence period includes the following, all of which is related to the completion of the appropriations and application of the subject conditional water rights to beneficial uses as conditionally decreed: A. Installed a 150,000 gallon water storage tank and refurbished the existing 70,000 gallon water storage tank, at a cost of approximately $164,517; B. Added 4 water taps to the distribution system; C. Installed 3M finishing filters at the Ward Street Water Treatment Plant, at a cost of approximately $10,274; D. Removed and reinstalled the water main under James Creek at the Ward Street Water Treatment Plant, buried it deeper so as to reduce the risk of failure from erosion and installed isolation valves, at a cost of approximately $18,816; E. Made improvements to the surface water intake at the Ward Street Water Treatment Plant to reduce freezing and improve automatic operation, at a cost of approximately $8,300; and F. Installed three isolation valves on water mains to help isolate sections subject to leakage, which improves the Town’s ability to maintain service to most of the Town during a water main break, at a cost of approximately $7,000. Total expenditures during the diligence period for the above activities exceed $208,907. 5. If claim to make absolute - water applied to beneficial use: Not applicable. 6. Remarks: The Main Street Diversion and the Mesa Street Diversion structures are augmented under the Town’s decree in Case No. 79CW333. WHEREFORE, applicant requests the Court to enter a decree finding and determining that applicant has exercised reasonable diligence in the development of the subject conditional water rights, and continuing the subject conditional water rights in full force and effect for an additional six-year diligence period. (5 pages)

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2005CW170 VERNON AND ALMA MILLER, 7433 South Road 157, Strasburg, CO 80136 APPLICATION FOR UNDERGROUNDWATER RIGHTS FROM NONTRIBUTARY AND NOTNONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS. IN ELBERT COUNTY. (Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702) 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 1040 acres of land located in parts of Sections 13, 14, and 23, T7S, R65W of the 6th P.M., as described and shown on Attachment A hereto. 1000 acres of the Subject Property is owned by Applicants Vernon and Alma Miller and 40 acres is owned by Applicant Vernon Miller. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 150 feet 312 acre-feet(NNT) Lower Dawson 40 feet 83 acre-feet(NT) Denver 260 feet 460 acre-feet(NT) Arapahoe 240 feet 424 acre-feet(NT) Laramie-Fox Hills 175 feet 273 acre-feet(NT) Applicants will reserve part of the Upper Dawson aquifer water which may be available for use through exempt wells pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with

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37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein. B. The groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Upper Dawson aquifer is not nontributary and that decreed water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2005CW171 APPLEBEE DEVELOPMENT COMPANY, INC., 7433 South Road 157, Strasburg, CO 80136. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 1. Name, Address, Telephone Number of Applicant: Applebee Development Company, Inc.,7433 South Road 157, Strasburg, CO 80136, (303) 622-4690, through their Attorneys:Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202,Telephone: (303) 534-0702. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 960 acres of land located in all of Section 15; the NE1/4 and north 40 feet of the NW1/4 of Section 21; and the W1/2 W1/2 of Section 22, T7S, R64W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 120 feet 230 acre-feet(NNT) Lower Dawson 60 feet 115 acre-feet(NT) Denver 300 feet 490 acre-feet(NT) Arapahoe 240 feet 390 acre-feet(NT) Laramie-Fox Hills 178 feet 256 acre-feet(NT) Applicant will reserve part of the Upper Dawson aquifer water which may be available for use through exempt wells pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8.

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Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein. B. The groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Upper Dawson aquifer is not nontributary and that decreed water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 2005CW172 TIEFEL FAMILY PARTNERSHIP, LLC, c/o Mark J. Wagner, Esq., Hill & Robbins, P.C., 1441 18th Street, Suite 100, Denver, CO 80202, (303)296-8100; APPLICATION FOR FINGING OF REASONABLE DILIGENCE, IN BOULDER COUNTY 2. Name of Structure: Goose Haven pond No. 2. 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: a. Date of Original Decree: March 2, 1999; Case No. 96-CW-1101; Court: District Court, Water Division No. 1.b.Location: (1) Goose Haven Pond No. 2 was formed by gravel mining. The Pond is clay lined so as to seal the structure from groundwater infiltration. The Pondis constructed below the surface grade, and has no dam. It is located in the NW/4 SW/4 and the SW/4 SW/4, Section 15, Township 1 North, Range 69 West of the 6th P.M., in Boulder County, Colorado. The approximate center point of the Pond is 1570 feet from the south section line and 410 feet from the west section line of the said Section 15. The surface area of the high water line of the pond is approximately 7.5 acres. (2) Name and Capacity of Filler Ditch and Point of Diversion: Lower Boulder Ditch, which has a capacity of approximately 50 c.f.s., and the point of diversion of which is in the SW/4 SW/4 of Section 16, Township 1 North, Range 69 West of the 6th P.M. at a point approximately 1100 feet from the south section line and approximately 600 feet from the west section line of the said Section 16. Water will be delivered to Goose Haven Pond No. 2 from a turnout on the north bank of the Lower Boulder Ditch located approximately 1535 feet from the south section line and approximately 1100 feet from the west section line .of Section 15, Township 1 North, Range 69 West of the 6th P.M. The capacity of the said turnout is 2.0 cfs.Source: Boulder Creek. Appropriation Date: February 21, 1982; Amount: 131 acre-feet; CONDITIONAL Rate: 2 c.f.s.Use: Irrigation, recreation, aquaculture, wildlife, emergency fire protection, and augmentation. Irrigation use will be limited to a maximum of 51 acres located in the SW/4 and the SE/4 of the NW/4 of Section 15, Township 1 North, Range 69 West, 6th P.M. lying immediately adjacent to the pond or on adjoining property lying north and east of the Pond and west of Highway 287. Augmentation use may only be made pursuant to a subsequent decree of this Court approving a plan for augmentation or pursuant to a substitute supply plan approved by the State Engineer. Applicant owns or has an interest in Meadow Creek Pond located in portions of Sections 10, 11, and 15, Township 1 North, Range 69 West of the 6th P.M. and intends to use the water right decreed herein, in part, to replace evaporative depletions from the said Pond pursuant to such an augmentation plan or substitute supply plan. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of

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water to a beneficial use as conditionally decreed, including expenditures: Since the Decree was entered in Case No. 96CW1101, Applicant has continuously operated and maintained Goose Haven Pond No. 2 and its associated structures has incurred expenses for operation, maintenance, fish purchases, aeration systems, algae control, measuring devices, professional consultant services, and other expenses incident to Goose Haven Pond No. 2 and associated structures in an amount in excess of approximately $50,000.00 during the diligence period. Accordingly, Applicant requests that the Court enter a decree finding that the Applicant has exercised reasonable diligence in the development of the subject conditional water right and that the Court enter a Decree affording the applicant such other relief as the Court deems appropriate. 05CW173 SUSAN REDDEN, 11170 Black Forest Road, Colorado Springs, CO 80908 (719-495-4208). Henry D. Worley, MacDougall, Woldridge & Worley, PC, Attorneys for Applicant, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905 (719-520-9288) Atty. Reg. #14368. APPLICATION FOR UNDERGROUND WATER RIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN EL PASO COUNTY. 2. Names of wells and permit, registration, or denial numbers: Dawson aquifer well permit 144691. 3. Legal description of wells: at any location on Lot 2, Cherokee Acres subdivision, El Paso County, Colorado (“Property”). Lot 2 is a portion of the SW1/4 NE1/4 Section 19, T. 12 S., R. 65 W., 6th P.M., and is located in the headwaters of Burgess and Cottonwood Creeks, both of which are tributary to Monument Creek, Fountain Creek and the Arkansas River. A portion of the plat map which shows Lots 1 and 2 is attached hereto as Exhibit A. Applicant will have two wells in the Dawson aquifer and one well in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers, as well as any necessary replacement wells. 4. Source: Not nontributary Dawson aquifer; not nontributary Denver aquifer; not nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Dawson aquifer wells, 15 g.p.m., 3.9 acre feet annually, absolute, Denver aquifer, 50 gpm, 6.0 acre feet annually, absolute; Arapahoe aquifer, 50 gpm, 4.9 acre feet annually, absolute; Laramie-Fox Hills aquifer, 50 gpm, 3.1 acre feet annually, absolute. 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: Indoor domestic and commercial, landscape purposes including irrigation and decorative ponds and fountains, livestock watering, water amenities” such as swimming pools and hot tubs, fire fighting, augmentation. 8. Name and address of owner of land on which well is located: Same as Applicant. 9. Remarks: There are two entities, Commonwealth Mortgage and Flagstar Bank, with encumbrances on the Property. Notice will be given to them pursuant to C.R.S. 37-92-302(2)(b). II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 10. Name of structures to be augmented: Two Dawson aquifer wells, one of which, permit no. 144691, is already constructed. After entry of a decree, it will be re-permitted consistent with the provision of the decree. No other water rights will be diverted from the Dawson aquifer wells. 11. Previous decrees for water rights to be used for augmentation: None. 12. Historic use: Not applicable. 13. Statement of plan for augmentation: Applicant plans to subdivide the Property and provide water for each of them from on-lot Dawson aquifer wells for the uses described in Paragraph 7 above. Maximum annual water use from the Dawson aquifer shall be 0.6-acre foot per well. Water use criteria for the most likely uses are as follows: indoor uses - 0.26 acre feet annually per single family dwelling which is 10% consumptive; horses (or horse equivalents) - 10 gallons per head per day, 0.011 acre feet annually per head, 100% consumptive; landscape irriga-tion - 0.034 acre feet annually per 1,000 square feet, 85% consumptive; hot tub - 0.004 acre foot annually, 50% consumptive; swimming pool - 0.023 acre foot annually, 50% consumptive. Any decree entered herein shall allow any combination of such uses so long as annual diversions do not exceed 1.2 acre feet, but Applicant shall indicate on any well permit application which of

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such uses she actually intends to make of the water. Consumption attributable to indoor uses is predicated on the use of nonevaporative Individual Sewage Disposal Systems (”ISDS”). Change of the type of wastewater treatment to central sewage treatment with direct discharge to the Fountain Creek drainage shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment to the plan for augmentation.

Applicant shall replace to the Arkansas River drainage the combined depletions to the South Platte and Arkansas basins, which are modeled to gradually increase to 30.2% of pumping annually in the 300th year of pumping, which equates to 0.36 acre foot based on pumping of 1.2 acre feet annually. Applicant will replace depletions during pumping with return flows from the ISDS. ISDS return flows will equal 0.47-acre foot annually, which is greater than modeled depletions. Applicant will replace post-pumping depletions with the nontributary Laramie-Fox Hills aquifer water decreed herein, which will be dedicated for that purpose. Applicant shall not pump more than 360-acre feet of Dawson aquifer water pursuant to this plan for augmentation unless more than that amount of water is finally determined to be available for appropriation from the Laramie-Fox Hills aquifer. Applicant reserves the right to replace depletions with any source of augmentation water for which she receives judicial approval. Any final decree entered in this case shall provide that no more than 0.6-acre foot (195,500 gallons) per year may be diverted from each Dawson aquifer well absent an amendment to this plan for augmentation. Applicant will move to consolidate the two water rights cases in Water Division 2, where the Property is located, after the time for filing statements of opposition has expired.

2005CW174 Hanna E. Holt Living Trust, 31926 Buffalo Park Road, Evergreen, Colorado 80439, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Holt Well No. 1 (Permit No. 112125) and Holt Well No. 2. 2. Legal Description of the Wells: Holt Well No. 1 is located in the NE 1/4 NW 1/4 of Section 17, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 900 feet from the North Section line and 2,000 feet from the West Section line of said Section 17. Pursuant to Policy Memo No. 99-1 of the State Engineer, the Trustee of the Hanna E. Holt Living Trust, ("Trust"), requests a conditional underground water right for the Holt Well No. 2. The exact location of the well will not be known until the location of the residence to be served is finally determined. However, the well can generally be described as being within the NE 1/4 NW 1/4 of Section 17, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. 3.A. Source of Water: Ground water that is tributary Buffalo Creek, Bear Creek and the South Platte River. 3.B. Depth of Holt Well No. 1: 262 feet. Depth of Holt Well No. 2: 800 feet, approximate. Dates of Appropriation: Holt Well No. 1: October 4, 1979. Holt Well No. 2: July 27, 2005. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: Holt Well No. 1: July 1, 1981. Holt Well No. 2: N/A. 5. Amount Claimed: Holt Well No. 1: 4.0 gallons per minute, Absolute and 11.0 gallons per minute, Conditional. Holt Well No. 2: 15 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling, the watering of domestic animals, irrigation and fire protection purposes. 7. Name and Address of Owner of Land and on which the New Well will be Located: Hanna E. Holt Living Trust, as described above. 8. Remarks: The Permit for the Holt Well No. 1 was originally issued pursuant to C.R.S. Section 37-92-602. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 112125 be cancelled. APPLICATION FOR APPROVAL OF A

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PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structures to be Augmented: The wells described in Claim No. 1, above. 2. Water Rights to be Used for Augmentation Purposes. a. The Trustee of the Trust has entered into a contract to purchase 3.6 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 3.6 shares represent the right to receive 0.114 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

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

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

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

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange

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and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. Sections 37-92-103(9), 302(1),(2) and 305(8): a. The Trust is the record owner of a parcel of property located in the NE 1/4 NW 1/4 of Section 17, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The parcel is approximately 9.7 acres in size and is depicted on the attached Exhibit "A." A single family residence presently exists on the property. The property will be subdivided into two parcels so that a second single family residence can be constructed. Water for each residence will be obtained from the Holt Well Nos. 1 and 2. b. Wastewater from all in-building uses of water is or will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows are to Buffalo Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons, and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 1,000 square feet of lawn grass, or equivalent gardens, and the watering of two horses. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Water requirements for horses are assumed to be 10 gallons per animal per day. The total volume of water required is projected to be approximately 0.68 of an acre foot per year. d. Depletions associated with water which is used inside each residence will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre foot per acre. All of the water supplied to horses is assumed to be consumed. Maximum stream depletions are not anticipated to exceed 0.114 of an acre foot per year. Depletions during the irrigation season of six months will average 0.012 of an acre foot per month. Depletions during the remainder of the year will average 0.007 of an acre foot per month. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. g. Since the point of depletion associated with water use from the Holt Well Nos. 1 and 2 is upstream of the Harriman Ditch headgate, the Trust asserts an appropriative right of substitute supply and exchange pursuant to C.R.S. Sections 37-80-120 and 37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado; thence up Bear Creek to the confluence of Bear Creek and Buffalo Creek located in the NW 1/4 NW 1/4 of Section 9, Township 5 South, Range 71 West, 6th P.M.; and thence up Buffalo Creek to the point where depletions from the subject wells impact Buffalo Creek in the NW 1/4 NW 1/4 of

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Section 17, Township 5 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Buffalo Creek, Bear Creek and the South Platte River as the depletions occur. The exchange may also be used to fill an on-site storage container if such a container is ever determined to be needed. The exchange will be administered with a priority date of July 27, 2005, at a maximum flow rate of 0.001 of a cubic foot per second. h. The Trustee of the Trust believes and asserts that the depletions associated with the wells described herein, combined with depletions associated with other augmentation plans filed subsequent to 1994, will result in less than a one percent depletive effect on the instream flow water rights held by the Colorado Water Conservation Board on Bear Creek that were decreed in Case Nos. 94CW258, 94CW259 and 94CW260. 4. Name and Address of Owner of Land on which any New Structures will be Located: Structures described in Paragraph No. 1: Hanna E. Holt Living Trust, as described above. WHEREFORE, the Trustee of the Trust requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Trustee also requests a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Trustee further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (8 pages and 1 exhibit). 2005CW175 Scott E. Sabina, 2127 Wieler Road, Evergreen, CO 80439, William S. Wearsley and Claudia M. Wearsley, 482 Sunshine Lane, Evergreen, CO 80439, William Brick, 2126 Wieler Road, Evergreen, CO 80439. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT. IN JEFFERSON COUNTY. 1. Name of Conditional Exchange: Sabina Exchange. 2. Description of Conditional Water Right: A. Date of Original Decree: June 17, 1999. Case No.: 98CW310. Court: District Court, Water Division 1. B. Summary of the Exchange and the Legal Description of the Upstream and Downstream Points: The Sabina Exchange involves the exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decrees entered in Case No. 98CW310, and Case No. 2001CW293, dated July 16, 2003, to the point of depletion for the wells described in the plan for augmentation approved in 98CW310. This is an upstream movement of water. The stream segments impacted by the exchange include portions of Bear Creek, Swede Gulch, Kerr Gulch and Big Gulch. The downstream point of the exchange is the confluence of Bear Creek and the South Platte River in Jefferson County. One arm of the exchange extends up Bear Creek to the confluence of Bear Creek and Swede Gulch in the NE 1/4 SW 1/4 of Section 36, Township 4 South, Range 71 West, 6th P.M.; thence up Swede Gulch to the confluence of Kerr Gulch and Swede Gulch in the NE 1/4 SW 1/4 of Section 26, Township 4 South, Range 71 West, 6th P.M.; and thence up Kerr Gulch to the point where depletions from the subject wells impact Kerr Gulch in the NE 1/4 NE 1/4 of Section 27, Township 4 South, Range 71 West, 6th P.M. A second arm of the exchange extends from the confluence of Bear Creek and Big Gulch in the SE 1/4 SW 1/4 of Section 35, Township 4 South, Range 71 West, 6th P.M.; and thence up Big Gulch to the point where depletions from the subject wells impact Big Gulch in the NW 1/4 SW 1/4 of Section 27, Township 4 South, Range 71 West, 6th P.M. C. Source: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch and the Soda Lakes Reservoir Nos. 1 and 2. Reference is made to the Decrees entered in Case Nos. 98CW310 and 2001CW293 for a complete description of the MMRC water that is exchanged. D. Date of Appropriation: July 2, 1998. E. Amount: 0.001 of a cubic foot per second, Conditional, up Kerr Gulch, and 0.0005 of a cubic foot per second, Conditional, up Big Gulch. The annual volume of water exchanged is limited to 0.253 of an acre foot per year. F. Use of the Water: Augmentation, replacement, substitution and exchange purposes. All such uses have been decreed in prior cases in which MMRC has been an applicant or a co-applicant. 3. Outline of What Has Been Done Toward Completion of the

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Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: Since the Decree in Case No. 98CW310 was entered in 1999, Applicants have completed a Plat for a residential subdivision, known as the Sabina Subdivision. Homes have been constructed and wells have been operated in accordance with the subject augmentation plan. Augmentation water owned by the Applicants in MMRC has been exchanged to upstream locations in order to replace depletions resulting from out-of-priority well pumping. Applicants have expended in excess of $250,000.00 on activities related to making the Sabina Exchange Absolute. 5. Date of Operation of Exchange: The exchange of MMRC water was first operated in January of 2002. WHEREFORE, Applicants request that the Court enter an Order making the Sabina Exchange Absolute in the amount of 0.001 of a cubic foot per second up Kerr Gulch, and 0.0005 of a cubic foot per second up Big Gulch, for all of the decreed uses. (4 pages). 2005CW176 Armond A. Azharian., P. O. Box 204, Wheat Ridge, Colorado 80034, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Azharian Well No. 1 (Permit No. 151268) and Azharian Well No. 2. 2. Legal Description of the Wells: Azharian Well No. 1 is located in the NW 1/4 NE 1/4 of Section 35, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 1,000 feet from the North Section line and 2,200 feet from the East Section line of said Section 35. Pursuant to Policy Memo No. 99-1 of the State Engineer, Armond A. Azharian, ("Azharian"), requests a conditional underground water right for the Azharian Well No. 2. The exact location of the well will not be known until the location of the residence to be served is finally determined. However, the well can generally be described as being within the NW 1/4 NE 1/4 of Section 35, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Source of Water: Ground water that is tributary to North Turkey Creek, Turkey Creek, Bear Creek and the South Platte River. 3.B. Depth of Azharian Well No. 1: 227 feet. Depth of Azharian Well No. 2: 800 feet, approximate. Dates of Appropriation: Azharian Well No. 1: May 26, 1988. Azharian Well No. 2: July 28, 2005. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: Azharian Well No. 1: May 1, 1989. Azharian Well No. 2: N/A. 5. Amounts Claimed: Azharian Well No. 1: 6.0 gallons per minute, Absolute and 9.0 gallons per minute, Conditional. Azharian Well No. 2: 15 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling, the watering of domestic animals, irrigation and fire protection purposes. 7. Name and Address of Owner of Land and on which the New Well will be Located: Armond A. Azharian, as described above. 8. Remarks: The Permit for the Azharian Well No. 1 was originally issued pursuant to C.R.S. Section 37-92-602. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 151268 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHTS: 1. Name of Structures to be Augmented: The wells described in Claim No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. Azharian has entered into a contract to purchase 5.6 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 5.6 shares represent the right to receive 0.176 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company

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owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

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

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

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

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will also be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July

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16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. Sections 37-92-103(9), 302(1)(2) and 305(8): a. Azharian is the owner of a parcel of property located in the NW 1/4 NE 1/4 of Section 35, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, (a/k/a 7552 South Red Fox Drive). The parcel is approximately 22 acres in size and is depicted on the attached Exhibit "A." A single family residence presently exists on the property. The property will be subdivided into two parcels so that a second single family residence can be constructed. The residences will be served by the Azharian Well Nos. 1 and 2. b. Wastewater from all in-building uses of water is or will be treated utilizing a non-evaporative septic system with soil absorption leach fields. Return flows are to North Turkey Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons, and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 2,000 square feet of lawn grass, or equivalent gardens, and the watering of six horses. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.4 of an acre foot of water per irrigated acre. Water requirements for horses are assumed to be 10 gallons per animal per day. The total volume of water required is projected to be approximately 0.72 of an acre foot per year. d. Depletions associated with water which is used inside each residence will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. The consumptive use for irrigation operations was determined using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment, and the Evergreen turf adjustment as outlined in a report prepared by Blatchley Associates, Inc. which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Maximum stream depletions are not anticipated to exceed 0.176 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. During those times when the exchange decreed in Case No. 2001CW293 can be operated, depletions to North Turkey Creek below the outlet of Meadowview Reservoir and points downstream will be augmented by either continuously leaving a portion of MMRC's direct flow water rights in the stream or periodically releasing water stored in the Soda Lakes Reservoirs. During times when such an exchange cannot be operated, depletions will primarily be augmented by periodically releasing water from Meadowview Reservoir. g. Since the point of depletion associated with water use from the wells described herein is to North Turkey Creek immediately upstream of the outlet of Meadowview Reservoir, Azharian asserts an appropriative right of substitute supply and exchange pursuant to C.R.S. Sections 37-80-120 and 37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado; thence up Turkey Creek to the confluence of North Turkey Creek and South Turkey Creek in the NW 1/4 NW 1/4 of Section 27, Township 5 South, Range 70 West, 6th P.M.; and thence up North Turkey Creek to the point where depletions from the wells impact the Creek in the SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in North Turkey Creek, Turkey Creek, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of July 28, 2005, at a maximum flow rate of 0.001 of a cubic foot per second. 4.

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Name and Address of Owner of Land on which New Structures will be Located: Structures described in Paragraph No. 1: Armond A. Azharian, as above described. WHEREFORE, Azharian requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Azharian also requests a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Azharian further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (8 pages and 1 exhibit). 2005CW177 Raven Rock Ranch Homeowners Association, George Lochhead, President, 32421 Buffalo Creek Road, Evergreen, CO 80439. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT. IN JEFFERSON COUNTY. 1. Name of Conditional Exchange: Raven Rock Ranch Exchange. 2. Description of Conditional Water Right: A. Date of Original Decree: March 23, 1999. Case No.: 98CW241. Court: District Court, Water Division 1. B. Summary of the Exchange and the Legal Description of the Upstream and Downstream Points: The Raven Rock Exchange involves the exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decrees entered in Case No. 98CW241, and Case No. 2001CW293, dated July 16, 2003, to the point of depletion for the wells described in the plan for augmentation approved in 98CW241. This is an upstream movement of water. The stream segments impacted by the exchange include portions of Bear Creek and Buffalo Creek. The downstream point of the exchange is the confluence of Bear Creek and the South Platte River in Jefferson County. The exchange extends up Bear Creek to the confluence of Bear Creek and Buffalo Creek in the NW 1/4 NW 1/4 of Section 9, Township 5 South, Range 71 West, 6th P.M.; and thence up Buffalo Creek to the point where depletions from the subject wells impact Buffalo Creek in the SW 1/4 SW 1/4 of Section 8, Township 5 South, Range 71 West, 6th P.M. C. Source: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch and the Soda Lakes Reservoir Nos. 1 and 2. Reference is made to the Decrees entered in Case Nos. 98CW241 and 2001CW293 for a complete description of the MMRC water that is exchanged. D. Date of Appropriation: January 12, 1998. E. Amount: 0.01 of a cubic foot per second, Conditional. The annual volume of water exchanged is limited to 0.246 of an acre foot per year. F. Use of the Water: Augmentation, replacement, substitution and exchange purposes. All such uses have been decreed in prior cases in which MMRC has been an applicant or a co-applicant. 3. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: The Raven Rock Ranch Homeowners Association is the successor in interest to the person who processed the plan for augmentation decreed in Case No. 98CW241. A Plat for the residential subdivision described in the Decree in 98CW241 has been approved by Jefferson County and is called Raven Rock Ranch. Homes have been constructed and wells have been operated in accordance with the subject augmentation plan. Augmentation water owned by the Applicant in MMRC has been exchanged to upstream locations in order to replace depletions resulting from out-of-priority well pumping. It is not known exactly how much money was spent on the subdivision process by the original owner of the property covered by the augmentation plan decreed in Case No. 98CW241. However, it is believed that total expenditures on activities directly related to making the Raven Rock Ranch Exchange Absolute since the Decree in Case No. 98CW241 was entered exceed several hundred thousand dollars. 5. Date of Operation of Exchange: The exchange of MMRC water was first operated on November 1, 2000. WHEREFORE, Applicant requests that the Court enter an Order making the Raven Rock Ranch Exchange Absolute in the amount of 0.01 of a cubic foot per second, for all of the decreed uses. (4 pages).

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2005CW178 J & M Eisenbud Family LLC, Lazy E, LLC, John Eisenbud and Nancy Eisenbud, 1295 Silver Rock Lane, Golden, CO 80401. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT AND FOR A FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 1. Name of Conditional Exchange: Eisenbud Exchange. 2. Description of Conditional Water Right: A. Date of Original Decree: March 17, 1999. Case No.: 98CW240. Court: District Court, Water Division 1. B. Summary of the Exchange and the Legal Description of the Upstream and Downstream Points: The Eisenbud Exchange involves the exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decrees entered in Case No. 98CW240, and Case No. 2001CW293, dated July 16, 2003, to the point of depletion for the wells described in the plan for augmentation approved in 98CW240. This is an upstream movement of water. The stream segments impacted by the exchange include portions of Bear Creek, Swede Gulch and Kerr Gulch. The downstream point of the exchange is the confluence of Bear Creek and the South Platte River. One arm of the exchange extends up Bear Creek to the confluence of Bear Creek and Swede Gulch in the NE 1/4 SW 1/4 of Section 36, Township 4 South, Range 71 West, 6th P.M.; and thence up Swede Gulch to the point where depletions impact Swede Gulch in the NW 1/4 of Section 22, Township 4 South, Range 71 West, 6th P.M. A second arm of the exchange extends from the confluence of Kerr Gulch and Swede Gulch in the NE 1/4 SW 1/4 of Section 26, Township 4 South, Range 71 West, 6th P.M.; and thence up Kerr Gulch to the point where depletions impact Kerr Gulch in the E 1/2 of Section 21 and the W 1/2 of Section 22, Township 4 South, Range 71 West, 6th P.M. C. Source: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch and the Soda Lakes Reservoir Nos. 1 and 2. Reference is made to the Decrees entered in Case Nos. 98CW240 and 2001CW293 for a complete description of the MMRC water that is exchanged. D. Date of Appropriation: July 2, 1998. E. Amount: 0.005 of a cubic foot per second, Conditional, up Swede Gulch, and 0.002 of a cubic foot per second, Conditional, up Kerr Gulch. The annual volume of water exchanged is limited to 1.394 acre feet. F. Use of the Water: Augmentation, replacement, substitution and exchange purposes. All such uses have been decreed in prior cases in which MMRC has been an applicant or a co-applicant. 3. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: Since the Decree in Case No. 98CW240 was entered in 1999, Applicants have completed a Plat for a residential subdivision, known as Silver Rock. Homes have been constructed and wells have been operated in accordance with the subject augmentation plan. Augmentation water owned by the Applicants in MMRC has been exchanged to upstream locations on Swede Gulch in order to replace depletions resulting from out-of-priority well pumping. Applicants have expended in excess of one million dollars on activities related to making the Eisenbud Exchange Absolute. 5. Date of Operation of Exchange: The exchange of MMRC water was first operated on November 1, 2004. WHEREFORE, Applicants request that the Court enter an Order making the Eisenbud Exchange Absolute in the amount of 0.005 of a cubic foot per second up Swede Gulch for all of the decreed uses. Applicants further request the Court find that diligence has been demonstrated on the completion of the conditional exchange up Kerr Gulch and enter an Order continuing the conditional status of that exchange right for another diligence period. (4 pages). 2005CW179 WAGNER-MEYERS ENTERPRISES, LLC AND SOUTH HARTSEL GRAZING ASSOCIATION, 34841 Highway 9, Fairplay, CO 80440 c/o Wilderson, O’Hayre, Dawson & Frazier, P.C., 120 North Taylor Street, Post Office Box 179, Gunnison, Colorado 81230, 970-641-3326, fax 970-641-3094; Type of Application: Application for Underground Water Rights, IN PARK COUNTY. Name of Structure #1: Wagner Well No. 1; Location: Located in Park County, in the NE1/4NW1/4 of Section 8, Township 13 South, Range 75 West, 6th P.M. 75 feet from the North section line and 1375 feet from the West section Line (429736

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mE and 4310295 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #2: Wagner Well No. 2; Location: Located in Park County, in the NE1/4NE1/4 of Section 7, Township 13 South, Range 75 West, 6th P.M. 150 feet from the North section line and 150 feet from the East section Line (429307 mE and 4310271mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #3: South Antelope Windmill; Location: Located in Park County, in the SW1/4SE1/4 of Section 33, Township 13 South, Range 75 West, 6th P.M. 275 feet from the South section line and 1350 feet from the East section Line (432109 mE and 4302339 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #4: Lower Marshall Well; Location: Located in Park County, in the SE1/4NW1/4 of Section 4, Township 14 South, Range 75 West, 6th P.M. 2400 feet from the North section line and 625 feet from the West section Line (431036 mE and 4291830 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #5: Old Marshall Place Well No. 1; Location: Located in Park County, in the SE1/4SW1/4 of Section 35, Township 14 South, Range 75 West, 6th P.M. 475 feet from the South section line and 2000 feet from the West section Line (434688 mE and 4292703 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering; Name of Structure #6: Old Marshall Place Well No. 2; Location: Located in Park County, in the NE1/4SW1/4 of Section 35, Township 14 South, Range 75 West, 6th P.M. 1375 feet from the South section line and 1850 feet from the West section Line (434642 mE and 4292980 mN UTM NAD27); Drainage Basin: Alluvium of Agate Creek, tributary to the South Platte River; Quantity: The applicant claims 0.2 c.f.s. All such water is claimed absolute; Appropriation Date: February 25, 2003; Use: Livestock watering. 2005CW180 NORTHERN COLORADO WATER CONSERVANCY DISTRIC, 220 Water Avenue, Berthoud, CO 80513, telephone number: (970) 532-7700. APPLICATION FOR FINDING OF DILIGENCE, IN LARIMER COUNTY. 2. Name of Structure: Carter Lake Reservoir. 3. Description of conditional right from original decree: A. Date of original decree: November 14, 1939; amended April 4, 1952. Case No.: Civil Action No. 10077. Court: District Court, Boulder County. B. Location: Carter Lake Reservoir is located upon all or a portion of Section 2, 3, 4, 9, 10, 15, and 16, Township 4 North, Range 70 West of the 6th P.M., and Section 34 and 35, Township 5 North, Range 70 West of the 6th P.M., Larimer County. The dam is located in the Southeast Quarter, Section 10, Township 4 North, Range 70 West of the 6th P.M., Larimer County. Source of Water: Big Thompson River. C. Appropriation Date: September 14, 1933. Current Decreed Amount: 27,132 acre-feet, conditional, 11,480 acre-feet, absolute, 38,612 acre-feet, total. In the Findings of Fact, Conclusions of Law, Judgment, and Decree entered in Case No. 96CW164, Water Division No.1 on July 9, 1999 it was decreed that the conditional portion of this water right continue in full force and effect in the amount of 27,132 acre-feet which when added to the 11,480 acre-feet of water previously made absolute, provides a total of 38,612 acre-feet of storage in Carter Lake Reservoir. D. Use: Water stored in Carter Lake Reservoir is used for irrigation, domestic, power, industrial and recreational purposes. 4. Outline of work performed or action taken toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: A.

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Carter Lake Reservoir is a part of the Colorado-Big Thompson Project (“CBT Project”), and as such, the water stored in this facility is used for irrigation, domestic, power, industrial, and recreational uses. Carter Lake Reservoir and the other water supply elements of the CBT Project were and are conceived, planned, constructed, and operated as component parts of a common plan and scheme of development. B. The Applicant has continued to maintain Carter Lake Reservoir and the CBT Project facilities used to divert water from the decreed sources into Carter Lake Reservoir. Fiscal year costs from 1997 to 2004 show that the Northern Colorado Water Conservancy District (“Northern District”) expended over 19 million dollars towards the operation and maintenance of the CBT Project, of which, over 12 million was spent on the east slope components of the CBT Project, including Carter Lake Reservoir. C. East slope operation and maintenance costs totaled $6,554,214 and east slope diversion, carriage, storage and overhead costs equaled $1,141,515. These costs are shared equally between the Northern District and the U.S. Bureau of Reclamation (“Reclamation”). Thus, Reclamation paid an equivalent amount for its share of the operation and maintenance and distribution expenses. The Northern District also incurred east slope distribution costs of $5,098,583 for the maintenance of distribution features below Carter Lake and Horsetooth Reservoir. These costs are the sole expense of the Northern District. D. In addition to the above expenses, $1,321,104 was spent to construct a bypass structure around the Flatiron Pump Station to ensure deliveries to Carter Lake in the event of a failure at the pump station. Prior to construction of the Flatiron bypass, all water in Carter Lake was delivered through the Flatiron Pump Station. The portion of the bypass cost paid by the Northern District equaled $697,335, with the remainder paid by power interests. E. Reclamation also incurred significant expenses for Horsetooth Reservoir modernization, an integral component of the CBT Project on the east slope. The District is obligated to pay Reclamation approximately 7.5% of the total modernization expenses over the next twenty-five (25) years, with approximately $4,606,522 plus interest attributed to modernization activities occurring during this diligence period. F. Work on one part of a system may constitute diligence on the completion of the entire system. See City of Lafayette v. New Anderson Ditch Co., 962 P.2d 955, 961 (Colo. 1998), Colorado River Water Conservation Dist. v. Twin Lakes Reservoir & Canal Co., 171 Colo. 561, 567-68, 468 P.2d 853, 856 (1970). Actual good faith work on the overall facilities necessary to consummate the ultimate goal is a part of the diligence required to continue the conditional decree. See City of Lafayette v. New Anderson Ditch Co., 962 P.2d 955, 961 (Colo. 1998), Metropolitan Suburban Water Users Ass'n v. Colorado River Water Conservation Dist., 148 Colo. 173, 203, 365 P.2d 273, 289 (1961). Horsetooth Reservoir is a component part of the integrated CBT Project. Work on the east slope distribution and storage systems, including Carter Lake Reservoir, constitutes reasonable diligence required to continue the conditional portion of the Carter Lake Reservoir decree. G. Since the last diligence decree for Carter Lake Reservoir was entered on July 9, 1999 in Case 96CW164, the Applicant has stored water in the reservoir from the decreed sources. There has been insufficient water available in priority however, to make absolute any portion of the conditional water right. WHEREFORE, the Applicant respectfully requests that the Court enter an order which finds that reasonable diligence has been exercised in the development of the entire conditional water right for Carter Lake Reservoir. 2005CW181 NORTHERN COLORADO WATER CONSERVANCY DISTRICT, 220 Water Avenue, Berthoud, CO 80513, Telephone Number: (970) 532-7700. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE AN ADDITIONAL PORTION OF A CONDITIONAL WATER RIGHT, IN LARIMER COUNTY. 2. Name of Structure: Horsetooth Reservoir. 3. Description of conditional right from original decree. A. Date of original decree: November 14, 1939; amended April 4, 1952, Case No.: Civil Action No. 10077, Court: District Court, Boulder County. B. Location: Horsetooth Reservoir is located upon all or

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a portion of Sections 5, 6 and 8, Township 6 North, Range 69 West of the 6th P.M., and of Sections 6, 7, 18, 19, 20, 29, 30, 31 and 32, Township 7 North, Range 69 West of the 6th P.M., Larimer County. The dam is located in the Southwest Quarter, Section 6, Township 7 North, Range 69 West of the 6th P.M., and the Southeast Quarter, Section 1, Township 7 North, Range 70 West of the 6th P.M. Source of Water: Big Thompson River and its tributaries. C. Appropriation Date: September 14, 1933. Current Decreed Amount: 22,528 acre-feet, absolute, 37,472 acre-feet, conditional, 60,000 acre-feet, total. In the Finding of Fact, Conclusions of Law, Judgment, and Decree entered in Case No. 96CW163, Water Division No.1, on July 9, 1999, it was decreed that the conditional portion of this water right would continue in full force and effect in the amount of 37,472 acre-feet which, when added to the 22,528 acre-feet of water previously made absolute, provides a total of 60,000 acre-feet of water for storage in Horsetooth Reservoir under this water right. Use: Water stored in Horsetooth Reservoir is used for irrigation, domestic, power, industrial and recreational purposes. 4. Outline of work performed or action taken toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: A. Horsetooth Reservoir is a part of the Colorado-Big Thompson Project (“CBT Project”), and as such, the water stored in this facility is used for irrigation, domestic, power, industrial, and recreational uses. Horsetooth Reservoir and the other water supply elements of the CBT Project were and are conceived, planned, constructed, and operated as component parts of a common plan and scheme of development. B. The Applicant has continued to maintain Horsetooth Reservoir and the CBT Project facilities used to divert water from the decreed sources into Horsetooth Reservoir. Fiscal year costs from 1997 to 2004 show that the Northern Colorado Water Conservancy District (“Northern District”) expended over 19 million dollars towards the operation and maintenance of the CBT Project, of which, over 12 million was spent on the east slope components of the CBT Project, including Horsetooth Reservoir. C. East slope operation and maintenance costs totaled $6,554,214 and east slope diversion, carriage, storage and overhead costs equaled $1,141,515. These costs are shared equally between the Northern District and the U.S. Bureau of Reclamation (“Reclamation”). Thus, Reclamation paid an equivalent amount for its share of the operation and maintenance and distribution expenses. The Northern District also incurred east slope distribution costs of $5,098,583 for the maintenance of distribution features below Carter Lake and Horsetooth Reservoir. These costs are the sole expense of the Northern District. D. In addition to the above expenses, Reclamation incurred significant expenses for Horsetooth Reservoir modernization, an integral component of the CBT Project on the east slope. The modernization project was begun in Fiscal Year 2001 and reached essential completion in Fiscal Year 2005. Modernization activities include, but are not limited to, the rehabilitation of all four dams at Horsetooth Reservoir to meet current Dam Safety standards. The District is obligated to pay Reclamation approximately 7.5% of the total modernization expenses over the next twenty-five (25) years, with approximately $4,606,522 plus interest attributed to modernization activities occurring during this diligence period. E. Work on one part of a system may constitute diligence on the completion of the entire system. See City of Lafayette v. New Anderson Ditch Co., 962 P.2d 955, 961 (Colo. 1998), Colorado River Water Conservation Dist. v. Twin Lakes Reservoir & Canal Co., 171 Colo. 561, 567-68, 468 P.2d 853, 856 (1970). Actual good faith work on the overall facilities necessary to consummate the ultimate goal is a part of the diligence required to continue the conditional decree. See City of Lafayette v. New Anderson Ditch Co., 962 P.2d 955, 961 (Colo. 1998), Metropolitan Suburban Water Users Ass'n v. Colorado River Water Conservation Dist., 148 Colo. 173, 203, 365 P.2d 273, 289 (1961). Horsetooth Reservoir is a component part of the integrated CBT Project. Work on the east slope distribution and storage systems, including Horsetooth Reservoir, constitutes reasonable diligence required to continue the conditional portion of the Horsetooth Reservoir decree. 5. Additional water applied to beneficial use and claim to make absolute an additional portion of conditional water right: A. Since the last diligence decree for Horsetooth Reservoir was entered on July 9, 1999 in Case No. 96CW163, the

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Applicant has stored water in the reservoir from the decreed sources in addition to the 22,528 acre-feet previously made absolute. B. According to the state engineer records from May 1, 1999 to July 4, 1999, Applicant stored 42,300 acre-feet in the reservoir from the decreed sources, which was subsequently applied to beneficial use. The 42,300 acre-feet is 19,772 acre-feet more than the previous amount decreed absolute of 22,528 acre-feet. C. This additional water from the decreed sources has and will be introduced, stored, carried and delivered in and through the components of the Colorado-Big Thompson Project to and for beneficial uses of water in Northern Colorado, including the use, reuse and successive use of water for irrigation, domestic, power, industrial and recreational uses. WHEREFORE, the Applicant respectfully requests that the Court enter an order which: A. Finds that reasonable diligence has been exercised in the development of 17,700 acre-feet of the conditional water right for Horsetooth Reservoir, and B. Makes absolute 19,772 acre-feet of the conditional water right, in addition to the 22,528 acre-feet of water previously made absolute, for a total of 42,300 acre-feet absolute. 2005CW182 NORTHERN COLORADO WATER CONSERVANCY DISTRICT, 220 Water Avenue, Berthoud, CO 80513, Phone Number: (970) 532-7700. APPLICATION FOR FINDING OF DILIGENCE, IN LARIMER COUNTY. 2. Name of Structure: Horsetooth Reservoir. 3. Description of conditional right from original decree: A. Date of original decree: September 10, 1953, Case No.: Civil Action No. 11217, Court: District Court, Larimer County. B. Location: Horsetooth Reservoir is located upon all or a portion of Section 5, 6 and 8, Township 6 North, Range 69 West of the 6th P.M., and of Sections 6, 7, 18, 19, 20, 29, 30, 31 and 32, Township 7 North, Range 69 West of the 6th P.M., Larimer County. The dam is located in the Southwest Quarter, Section 6, Township 7 North, Range 69 West of the 6th P.M., and the Southeast Quarter, Section 1, Township 7 North, Range 70 West of the 6th P.M. C. Source of Water: Soldier, Dixon, and Spring Creeks, tributaries of the Cache la Poudre River. D. Appropriation Date: October 15, 1935. Current Decreed Amount: 7,985 acre-feet, absolute, 2,015 acre-feet, conditional, 10,000 acre-feet, total. In the Finding of Fact, Conclusions of Law, Judgment, and Decree entered in Case No. 96CW1122, Water Division No.1, on July 9, 1999, it was decreed that the Applicant stored a total of 6,929 acre-feet of water in the reservoir in addition to the 1,06 acre-feet previously made absolute. Therefore, in Case No. 96CW1122 the conditional portion of this water right continued in full force and effect in the amount of 2,015 acre-feet which, when added to the 7,985 acre-feet of water made absolute, provided a total of 10,000 acre-feet of water for storage in Horsetooth Reservoir under this water right. E. Use: Water stored in Horsetooth Reservoir is used for irrigation, domestic, power, industrial and recreational purposes. 4. Outline of work performed or action taken toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: A. Horsetooth Reservoir is a part of the Colorado-Big Thompson Project (“CBT Project”), and as such, the water stored in this facility is used for irrigation, domestic, power, industrial, and recreational uses. Horsetooth Reservoir and the other water supply elements of the CBT Project were and are conceived, planned, constructed, and operated as component parts of a common plan and scheme of development. B. The Applicant has continued to maintain Horsetooth Reservoir and the CBT Project facilities used to divert water from the decreed sources into Horsetooth Reservoir. Fiscal year costs from 1997 to 2004 show that the Northern Colorado Water Conservancy District (“Northern District”) expended over 19 million dollars towards the operation and maintenance of the CBT Project, of which, over 12 million was spent on the east slope components of the CBT Project, including Horsetooth Reservoir. C. East slope operation and maintenance costs totaled $6,554,214 and east slope diversion, carriage, storage and overhead costs equaled $1,141,515. These costs are shared equally between the Northern District and the U.S. Bureau of Reclamation (“Reclamation”). Thus, Reclamation paid an equivalent amount for its share of the operation and maintenance and distribution expenses. The Northern District also

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incurred east slope distribution costs of $5,098,583 for the maintenance of distribution features below Carter Lake and Horsetooth Reservoir. These costs are the sole expense of the Northern District. D. In addition to the above expenses, Reclamation incurred significant expenses for Horsetooth Reservoir modernization, an integral component of the CBT Project on the east slope. The modernization project was begun in Fiscal Year 2001 and reached essential completion in Fiscal Year 2005. Modernization activities include, but are not limited to, the rehabilitation of all four dams at Horsetooth Reservoir to meet current Dam Safety standards. The District is obligated to pay Reclamation approximately 7.5% of the total modernization expenses over the next twenty-five (25) years, with approximately $4,606,522 plus interest attributed to modernization activities occurring during this diligence period. E. Work on one part of a system may constitute diligence on the completion of the entire system. See City of Lafayette v. New Anderson Ditch Co., 962 P.2d 955, 961 (Colo. 1998), Colorado River Water Conservation Dist. v. Twin Lakes Reservoir & Canal Co., 171 Colo. 561, 567-68, 468 P.2d 853, 856 (1970). Actual good faith work on the overall facilities necessary to consummate the ultimate goal is a part of the diligence required to continue the conditional decree. See City of Lafayette v. New Anderson Ditch Co., 962 P.2d 955, 961 (Colo. 1998), Metropolitan Suburban Water Users Ass'n v. Colorado River Water Conservation Dist., 148 Colo. 173, 203, 365 P.2d 273, 289 (1961). Horsetooth Reservoir is a component part of the integrated CBT Project. Work on the east slope distribution and storage systems, including Horsetooth Reservoir, constitutes reasonable diligence required to continue the conditional portion of the Horsetooth Reservoir decree. F. Since the last diligence decree for Horsetooth Reservoir was entered on July 9, 1999 in Case 96CW1122, the Applicant has stored water in the reservoir from the decreed sources. There has been insufficient water available in priority however, to make absolute any portion of the conditional water right. WHEREFORE, the Applicant respectfully requests that the Court enter an order which finds that reasonable diligence has been exercised in the development of the entire conditional water right for Horsetooth Reservoir. 2005CW183. Morgan County Quality Water District, P.O. Box 1218, Fort Morgan, CO 80701, 970-867-3054 (Jeffrey J. Kahn, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900) and Bijou Irrigation Company, 410 East Railroad Avenue, Fort Morgan, CO 80701 (Michael D. Shimmin, Esq., Vranesh & Raisch, LLP, P.O. Box 871, Boulder, CO 80306-0871, 303-443-6151). APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. IN MORGAN, WELD AND WASHINGTON COUNTIES. 2. Name of structure: MCQWD Recharge Pond No. 1. 3. Describe conditional water right from Referee’s Ruling and Decree : A) Date of original decree, case number and court: Case No. 94CW014, District Court, Water Division 1, on July 6, 1999. B) Legal Description of Structure: In that part of the E 1/2 of Section 23, Township 3 North, Range 59 West of the 6th P.M., Morgan County, Colorado, described as commencing at a point from which the N 1/4 corner of said Section 23 bears N23º51'35"W a distance of 1848.5 feet and considering the West line of the E 1/2 of said Section 23 as bearing due North with all other bearings relative thereto; thence S76º38'51"E a distance of 295.0 feet; thence North a distance of 437.4 feet; thence N62º25'33"E a distance of 449.2 feet; thence N72º14'19"E a distance of 587.7 feet; thence S42º17'26"E a distance of 799.7 feet; thence S14º52'01"W a distance of 727.1 feet; thence S54º31'32"E a distance of 506.6 feet; thence S07º30'01"W a distance of 137.4 feet; thence S72º09'50"W a distance of 772.6 feet; thence N61º13'24"W a distance of 454.3 feet; thence S66º52'11"W a distance of 440.9 feet; thence N46º12'02"W a distance of 820.0 feet; thence N13º18'22"E a distance of 607.9 feet to the point of beginning, containing in all 62.3 acres more or less. (See Exhibit A attached hereto.) C) Source: South Platte River. D) Appropriation: i) Date: February 7, 1994. ii) Amount: 130 AF, with right to fill, refill and maintain at full

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capacity (CONDITIONAL) with a filling rate of 40 cfs (CONDITIONAL). E) Use: The waters diverted and the recharge to be developed under this decree will be used as follows: District use: The District has the following described wells to be augmented hereunder: i) “MCQWD Weingardt Well” (Permit No. 45090F) located in the NW 1/4 NW 1/4, S26, T3N, R59W, 6th P.M. at a point 1000 feet from the North section line and 1000 feet from the W section line. Decreed in Case No. 91CW090 entered July 14, 1993 for 4.89 cfs and 447 AF per year. ii) “MCQWD Section 28 Well No. 1” (Permit No. 038433) located in the NW 1/4 SE1/4 , S28, T3N, R56W, 6th P.M. at a point 1345 feet from the South section line and 2411 feet from the East section line. Decreed in Case No. 89CW074 entered December 31, 1990 for 1.74 cfs and 400 AF per year. iii) “MCQWD Section 28 Well No. 2” (Permit No. 43077F) located in the NW1/4 SE 1/4 , S28, T3N, R56W, 6th P.M. at a point 2156 feet from the South section line and 2411 feet from the East section line. Decreed in Case No. 93CW156 for 1.45 cfs with a combined total production with Smart Well No. 1 (Decreed in 89CW074) not to exceed 600 acre feet for both wells, or the amount of replacement water available for augmentation, whichever is less. Bijou use: Bijou’s share of the augmentation water developed under this plan for augmentation will be used in the manner and for the uses as described in its Decrees in Cases Nos. W-2704 and W-9172-78. This will be an additional source of augmentation credits for Bijou’s existing augmentation plan. Distribution between Applicants: The District is to receive the first 500 AF of water measured into the augmentation site described in paragraph 3.B) and all augmentation credits relating to said 500 AF. Any water delivered to said site in excess of 500 AF and all additional augmentation credits resulting therefrom shall be divided equally between the Applicants. In addition, Bijou has the exclusive right to any and all augmentation credits resulting from ditch seepage from the Bijou Canal which are attributable to water delivered to the MCQWD Recharge Pond No. 1 described in paragraph 3.B. Bijou will incorporate these ditch seepage credits into its existing augmentation plan using the same methodology and accounting procedures that are currently used under Case No. W-9172-78. 4. If a claim to make absolute, water applied to beneficial use: Applicant requests the following amounts be made absolute and to continue the remaining amount of (2.87) cfs conditional flow rate. A) Date: April 4, 2001 Amount: 130 AF fill Date: April 8, 2001 Amount: 130 AF refill Date: June 17, 2005 Amount: 37.13 cfs B) Use: Augmentation and recharge for uses described in paragraph 3.E. C) Place of Use: As described in paragraphs 3.B and 3.E. 5. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the subject diligence period, Applicants expended in excess of $54,000 (see Exhibit B attached hereto) in furtherance of the conditional water right for MCQWD Recharge Pond No. 1. 6. Name(s) and address(es) of owner(s) of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: MCQWD Recharge Pond No. 1 is located on land owned by Applicant, Morgan County Quality Water District. Bijou ditch system through which water is delivered is owned by Applicant, Bijou Irrigation Company.

2005CW184 THE HILLS AT BAYOU GULCH LOT OWNERS, BEING BRUCE AND GINA ALDRICH, ET AL., 3957 N. Bayou Hills Lane, Parker, Colorado 80134. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS. IN DOUGLAS COUNTY. 1. Names, Addresses, and Telephone Number of Applicants: The Hills at Bayou Gulch Lot Owners, being Bruce and Gina Aldrich, et al. c/o 3957 N. Bayou Hills Lane Parker, Colorado 80134 (303) 805-2306, through their Attorneys: Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800 Denver, Colorado 80202, Telephone: (303) 534-0702. The names and addresses of each Applicant are described on Attachment A hereto. 2. Well Permits: Well permits will be applied

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for prior to construction of the wells, which are the subject of this application.3. Legal Description of Wells and Subject Property: Applicants are the owners of 83 residential lots located in The Hills at Bayou Gulch Subdivision, located in the N1/2NW1/4 and the E1/2 of Section 19, and part of the NE1/4 of Section 30, T7S, R65W of the 6th P.M. as shown on Attachment B hereto (Subject Property). The Subject Property is comprised of a total of approximately 386 acres and the legal descriptions and acreage associated with Applicants’ respective lots are more particularly described on Attachment A hereto. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property at rates of flow which are necessary to withdraw the final decreed amount. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Denver 191 feet 126 acre-feet Arapahoe 248 feet 163 acre-feet Laramie-Fox Hills 195 feet 112 acre-feet 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below their respective lots, through wells or any additional wells which may be completed in the future, as Applicants' well fields, subject to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 7. Proposed Use: The water will be used, reused and successively used for domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§37-92-302(2) and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 6 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained pursuant to §37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; and B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 2005CW185 JAMES W. HAZLET, WILLIAM J. HAZLET, IDA H. ROBERTS, VENICE BOXER, AND CUBA HAZLET, Applicants, 13948 Cavanaugh Road Hudson, CO 80642, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS. IN ADAMS COUNTY. 1. Names and Address of Applicant: James Hazlet, William J. Hazlet, Ida H. Roberts, Venice Boxer, and Cuba Hazlet c/o 13948 Cavanaugh Road Hudson, CO 80642 through their Attorneys: Petrock & Fendel, P.C. Scott M. Huyler, Atty. Reg. #27342 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202Telephone: (303) 534-0702

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2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 480 acres of land located in the W1/2 of Section 29 and the NE1/4 of Section 32, T1S, R64W of the 6th P.M. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Denver aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon current values in the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the subject aquifers underlying the Subject Property:

Saturated Estimated Aquifer Thickness Annual Amount Denver 80 feet 65 acre-feet Upper Arapahoe 98 feet 80 acre-feet Lower Arapahoe 100 feet 82 acre-feet Laramie-Fox Hills 160 feet 115 acre-feet Applicants may reserve part of the Denver aquifer water which may be available underlying the Subject Property for use through exempt wells located on 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 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. Applicants also request that the groundwater which is the subject of this application be withdrawn in combination with the same types of groundwater decreed in Case No. 03CW283, underlying adjacent land located in parts of Sections 19 and 30, T1S, R64W, through wells located on the land which is the subject of Case No. 03CW283 or this application. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper and

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Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater and the groundwater in the Denver aquifer is not nontributary. C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. 20005CW186 (98CW222)(89CW059) COORS BREWING COMPANY (“Coors”); Mail No. CC370, Golden, Colorado 80401 (Bernard F. Gehris, BURNS, FIGA & WILL, P.C., Attorneys for Coors, 6400 S. Fiddlers Green Circle, Suite 1030, Englewood, CO 80111, (303) 796-2626, [email protected]); APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS, IN JEFFERSON and CLEAR CREEK COUNTIES. 2. Name of Structures: Jefferson Storage System, comprised of the following structures: Clinton Reservoir; Crawford Reservoir; Wanemaker (Wannamaker) Reservoir; Hawley Reservoir; Lee Reservoir; Frost Reservoir; Waldorf Reservoir; Summers Reservoir; Eskins Reservoir; Pearson Reservoir No. 1; Pearson Reservoir No. 1 Enlargement; B-4 Lake; B-5 East Lake; B-6 Lake; B-7 Lake; B-9 Lake; West Lake; Bass Lake; Tabor Lake; Prospect Park Lakes; and West Gravel Lakes. 3. Description of conditional water rights: Date of Original Decree: July 23, 1971; Case No.: W-152 District Court for Water Division No. 1; Change Decree: Case No. 88CW206 (December 30, 1993) B. Locations: The locations of various components of the Jefferson Storage System, as described in the original decree therefor in Case No. W-152, were changed by the decree in Case No. 88CW206; 1. Clinton Reservoir. (From W-152), in the SE¼ of the SW¼ of Sec. 24 and in the NE¼ of the NW¼ of Sec. 25, T3S, R70W of the 6th P.M., in Jefferson County, Colorado. Water will be diverted from the right bank of Clear Creek at a point whence the SW Corner of Sec. 24, T3S, R70W of the 6th P.M. bears South 0° East, 700 feet. Amount: 1100 acre-feet (conditional); Source: Clear Creek; Appropriation Date: October 1965; 2. Crawford Reservoir. (From W-152); in the SW¼ of the SW¼ of Sec. 24 and in the NW¼ of the NW¼ of Sec. 25, T3S, R70W of the 6th P.M., in Jefferson County, Colorado. Water will be diverted from the right bank of Clear Creek at a point whence the SW Corner of said Sec. 24, T3S, R70W of the 6th P.M. bears South 0° West, 700 feet.; Amount: 1000 acre-feet (conditional); Source: Clear Creek; Appropriation Date: October 1965; 3. Wanemaker (Wannamaker) Reservoir. (From W-152) in the SE¼ of the SE¼ of Sec. 23 and in the NE¼ of the NE¼ of Sec. 26, T3S, R70W of the 6th P.M., in Jefferson County, Colorado. Water will be diverted from the right bank of Clear Creek at a point whence the SE Corner of said Sec. 23, T3S, R70W of the 6th P.M. bears North 90° East, 1,300 feet. Amount: 530 acre-feet (conditional); Source: Clear Creek; Appropriation Date: October 1965; 4. Hawley Reservoir. (From W-152); in the E½ of the NW¼ of Sec. 30, T3S, R69W of the 6th P.M., in Jefferson County, Colorado. Water will be diverted from the right bank of Clear Creek at a point whence the SW Corner of said Sec. 19, T3S, R69W of the 6th P.M. bears South 0° West, 1,100 feet. Amount: 570 acre-feet (conditional); Source: Clear Creek; Appropriation Date: May 27, 1966; 5. Lee Reservoir. (From W-152); in the W½ of the NE¼ of Sec. 30, T3S, R69W of the 6th P.M., in Jefferson County, Colorado. Water will be diverted from the right bank of Clear Creek at a point whence the SW Corner of said Sec. 19, T3S, R69W of the 6th P.M. bears South 0° West, 1,100 feet.; Amount: 310 acre-feet (conditional); Source: Clear Creek; Appropriation Date: May 27, 1966; 6. Frost Reservoir. (From W-152); in Secs. 10 and 15 of T5S, R75W of the 6th P.M., in Clear Creek County, Colorado. The height of the dam is 44 feet. The dam axis bears South 87° 26' West, 646 feet from a point whence the NW Corner of Sec. 1, T5S, R75W of the 6th P.M. bears North 29° 24' East, 11,200 feet.; Amount: 400 acre-feet (conditional); Source: Clear Creek; Appropriation Date: October 28, 1965; 7. Waldorf Reservoir. (From W-152); in the SW¼ of the NE¼ of Sec. 2, T5S, R75W of the 6th P.M., in Clear Creek County, Colorado. The height of the dam is 60 feet. The dam axis bears South 56° 57' East, 922 feet from a point whence the NW Corner of Sec. 1, T5S, R75W of the 6th P.M. bears North 40° 17' East, 2,582 feet.; Amount: 400 acre-feet

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(conditional); Source: Clear Creek; Appropriation Date: October 28, 1965; 8. Summers Reservoir. (From W-152); is in the SE¼ of the SW¼ of Sec. 19, and in the NE¼ of the NW¼ of Sec. 30, T3S, R69W of the 6th P.M., in Jefferson County, Colorado. Water will be diverted from the right bank of Clear Creek at a point whence the SW Corner of said Sec. 19, T3S, R69W of the 6th P.M. bears South 0° West, 1,100 feet.; Amount: 700 acre-feet (conditional); Source: Clear Creek; Appropriation Date: October 1965; 9. Eskins Reservoir. (From W-152); is in the SW¼ of the SE¼ of Sec. 19, and in the NW¼ of the NE¼ of Sec. 30, T3S, R69W of the 6th P.M., in Jefferson County, Colorado. Water will be diverted from the right bank of Clear Creek at a point whence the S¼ Corner of said Sec. 19, T3S, R69W of the 6th P.M. bears South 0° East, 1,300 feet.; Amount: 1500 acre-feet (conditional); Source: Clear Creek; Appropriation Date: October 1965; 10. Pearson Reservoir No. 1. (From W-152); is in the NE¼ of the NE¼ of Sec. 30 and in the SE¼ of the SE¼ of Sec. 19, T3S, R69W of the 6th P.M., in Jefferson County, Colorado. Water will be diverted from the Pearson Ditch at a point whence the corner common to Secs. 19, 20, 29 and 30, T3S, R69W of the 6th P.M. bears North 77° East, 1,310 feet.; Amount: 101 acre-feet (conditional); Source: Clear Creek; Appropriation Date: October 1, 1965; 11. Pearson Reservoir No. 1 Enlargement. (From W-152); in the SE¼ of the SE¼ of Sec. 19, and in the NE¼ of the NE¼ of Sec. 30, and in the NW¼ of the NW¼ of Sec. 29, T3S, R69W of the 6th P.M., in Jefferson County, Colorado. Water will be diverted from the right bank of Clear Creek at a point whence the SW Corner of said Sec. 19, T3S, R69W of the 6th P.M. bears South 64° West, 2,800 feet.; Amount: 700 acre-feet (conditional); Source: Clear Creek; Appropriation Date: January 16, 1968; 12. B-4 Lake. (From 88CW206); in the NE¼ of Sec. 25, and in the SE¼ of Sec. 24, T3S, R70W of the 6th P.M., in Jefferson County, Colorado, containing 147.26 acres more or less.; Points of diversion: On the right bank of Clear Creek at a point whence the South ¼ Corner of Sec. 24, T3S, R70W of the 6th P.M. bears South 0° East, 900 feet.; On the right bank of Clear Creek at a point whence the SE Corner of said Sec. 24, T3S, R70W of the 6th P.M. bears South 60° East, 1900 feet.; On the south side of Clear Creek which is on the south side of the diversion dam common to the Croke Canal and the Rocky Mountain Ditch in the NE¼ NE¼ NW¼ of Sec. 26, T3S, R70W of the 6th P.M. and which bears South 18° 12' 25" West a distance of 401.11 feet from the North ¼ corner of said Sec. 26.; On the Miles and Eskins Drainage, Seepage and Waste Water Ditch at a point whence the NW Corner of Sec. 30, T3S, R69W bears North 18°46' West, 1,621 feet.; Source: Clear Creek; Amounts Appropriation Dates From 526.7 acre-feet March 22, 1968 (absolute) (Blue Lake Enl.) 479.3 acre-feet March 22, 1968 (conditional) (Blue Lake Enl.) 250 acre-feet October 1965 (absolute) (Thuet-Mauz) 840 acre-feet October 1965 (absolute) (Killian-Mauz) 1200 acre-feet March 22, 1968 (conditional) (Lewis) 720 acre-feet March 22, 1968 (conditional) (Sanderson)

13. B-5 East Lake. (From 88CW206); in the SW 1/4 of Sec. 20, and in the NW 1/4 of Sec. 29, and in the NE 1/4 of Sec. 30, and in the SE 1/4 of Sec. 19, T 3 S., R 69 W., of the 6th P.M., Jefferson County, containing 52.28 acres more or less; Points of diversion of the structures used to fill the Reservoir: 1. On the right bank of Clear Creek at a point whence the SW Corner of Sec. 19, T 3 S., R 69 W., of the 6th P.M., Jefferson County, bears S 64° W., 2800 feet.; 2. On the Pearson Ditch at a point whence the corner common to Secs. 19, 20, 29, and 30, T 3 S., R 69 W., of the 6th P.M., Jefferson County, bears N 77°E, 1310 feet.; Source: Clear Creek Amounts Appropriation Dates From 105 acre feet October 1, 1965 (conditional) Pearson No. 2 530 acre feet January 16, 1968 (conditional) Pearson No. 2 Enl. 420 acre feet January 1, 1968 (conditional) Pearson No. 3

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200 acre feet May 27, 1966 (conditional) Hawley

14. B-6 Lake. (From 88CW206); in the Northeast 1/4 and the Southeast 1/4 of Sec. 23, T3S, R70W of the 6th P.M., County of Jefferson, containing 34.48 acres more or less; Point of diversion: Through the Wannamaker Ditch at a point on the North bank of Clear Creek in the NE1/4 of Sec. 27, T3S, R70W of the 6th P.M., whence the NE Corner of said Sec. 27, bears N. 38°17.5' East, 2099.64 feet.; Source: Clear Creek; Amount: 150 acre-feet (absolute); 550 acre-feet (conditional); Appropriation Date: October, 1965; 15. B-7 Lake. (From 88CW206); in the SW1/4 of Sec. 24 and in the SE1/4 of Sec. 23, T 3 S., R 70 W., of the 6th P.M., Jefferson County, containing 18.25 acres more or less.; Point of diversion of the structure used to fill the Reservoir: Through the Wannamaker Ditch at a point on the North bank of Clear Creek in the NE1/4 of Sec. 27, T 3 S., R 70 W., of the 6th P.M., Jefferson County, whence the NE Corner of said Sec. 27, bears N. 38°17.5' East, 2099.64 feet.; Source: Clear Creek; Amount: 258 acre-feet (absolute); 442 acre-feet (conditional); Appropriation Date: October, 1965 (Summers Reservoir); 16. B-9 Lake, alternate place of storage for the Frost and Waldorf Rights. (From 88CW206); in the N1/2 SE1/4 of Sec. 19, T 3 S., R 69 W., of the 6th P.M., Jefferson County, lying South of Highway 58; East of the Denver Water Board R.O.W.; and North of Clear Creek; Points of Diversion of the structures used to fill the Reservoir: 1. On the North side of Clear Creek in the NW1/4 SE1/4 of Sec. 19, T 3 S., R 69 W., of the 6th P.M., Jefferson County, at a point which is approximately 1700 feet from the East section line and 1400 feet from the South section line of said Sec. 19; 2. Through the Slough Ditch at a point on the North bank of Clear Creek in the NW1/4 SE1/4 of Sec. 19, T 3 S., R 69 W., of 6th P.M., Jefferson County, at a point which is approximately 2400 feet from the East section line and 1320 feet from the South section line of said Sec. 19.; 3. Through the Reno and Juchem Ditch at a point on the North bank of Clear Creek in the SE1/4 SW1/4 of Sec. 19, T 3 S., R 69 W., of the 6th P.M., Jefferson County, at a point approximately 1320 feet from the West section line and 1250 feet from the South section line of said Sec. 19.; Source: Clear Creek; Amount: Up to 400 acre feet each from the Frost Reservoir and Waldorf Reservoir rights as an alternate place of storage under Case No. 88CW206; Appropriation Date: October 28, 1965; 17. West Lake. (From 88CW206); in the South 1/2 of Sec. 20 and the North 1/2 of Sec. 30, T 3 S., R 69 W., of the 6th P.M., County of Jefferson, containing 64.06 acres more or less; Point of diversion: At a point on the South side of Clear Creek in the SW1/4 of Sec. 20, T 3 S., R 69 W., of the 6th P.M., Jefferson County, whence the South quarter corner of said Sec. 20, bears S. 1° E., 1920 feet; Source: Clear Creek; Amount: 400 acre-feet (conditional); Appropriation Date: January 16, 1968 (Pearson Res. No. 1 Enlargement); 18. Bass Lake. (From 88CW206); in the South 1/2 of Sec. 20 and the North 1/2 of Sec. 30, T 3 S., R 69 W., of the 6th P.M., County of Jefferson, containing 64.06 acres more or less; Point of diversion: At a point on the South side of Clear Creek in the SE1/4 of Sec. 20, T 3 S., R 69 W., of the 6th P.M., Jefferson County, whence the South quarter corner of said Sec. 20, bears S. 30°W., 1880 feet. ; Source: Clear Creek; Amount: 100 acre-feet (conditional); Appropriation date: May 27, 1966 (Lee Reservoir); 19. Tabor Lake. (From 88CW206); in the East 1/2 of Sec. 20, T 3 S., R 69 W., of the 6th P.M., County of Jefferson, containing 26 acres more or less.; Point of diversion: Through the Slough ditch at a point on the North side of Clear Creek in the NW1/4 SE1/4 of Sec. 19, T 3 S., R 69 W., of the 6th P.M., Jefferson County, at a point which is approximately 2400 feet from the East section line and 1320 feet from the South section line of said Sec. 19; Source: Clear Creek; Amount: 500 acre-feet (conditional); Appropriation date: October, 1965 (Eskins Reservoir); 20. Prospect Park Lake. (From 88CW206); in the West 1/2 of Sec. 21, T 3 S., R 69 W., of the 6th P.M., Jefferson County, containing 10 acres more or less; Point of diversion of the structure used to fill the Reservoir: Through the Slough ditch at a point on the North side of Clear Creek in the NW1/4 SE1/4 of Sec. 19, T 3 S., R 69 W., of the 6th P.M., Jefferson County, at a point which is approximately 2,400 feet from the East section line and 1,320 feet from the South section line of said Sec. 19; Source: Clear Creek; Amount: 100 acre-feet (conditional); Appropriation date:

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October, 1965 (Summers Reservoir); 21. West Gravel Lakes, alternate places of storage for the Frost and Waldorf rights. (From 88CW206); These facilities are owned by City of Thornton. Coors may not store water in these facilities from the Frost Reservoir and Waldorf Reservoir conditional water storage rights without Thornton's prior approval; Location: Located just West of the South Platte River about 1/2 mile East of the intersection of East 80th Avenue and North York Street in Thornton, Colorado; in Secs. 25 and 36, T 2 S., R 68 W., of the 6th P.M., Adams County, Colorado. ; Point of diversion of the structure used to fill the Reservoir: Lower Clear Creek Ditch, which point of diversion is located on the North bank of Clear Creek at a point 1,400 feet West and 1,200 feet North of the SE corner of Sec. 4, T 3 S., R 68 W., of the 6th P. M., Adams County, Colorado.; Source: Clear Creek; Amount: Up to 400 acre feet each from the Frost Reservoir and Waldorf Reservoir rights as changed to alternate places of storage in Case No. 88CW206; Appropriation date: October 28, 1965; C. Use for all of the above rights: Irrigation, domestic, mechanical, manufacturing, generation of power, power generally, fire protection, sewage treatment, street sprinkling, watering of parks, trees, lawns and grounds, recreation, golf club, storage reserves, replacement, adjustments and regulation of the Jefferson Storage System with other uses, and ground water storage and recharge, and water exchange. Since the original conditional decree was entered in Case No. W-152, this Court has found Coors to have been diligent in the development of the above-described conditional water rights, the most recent finding having been made in Case No. 98CW222, entered on June 11, 1999 (by sua sponte Court Order, entered May 25, 2005, the Court for Water Division 1 granted Coors until July 29, 2005 in which to file this diligence application). In addition, in Case No. 88CW206, this Court approved changes and transfers of a portion of the conditional water rights to conform to the actual as-built and/or planned configuration of Coors’ Jefferson Storage System; 4. Diligence Activities: In support of this Application for Finding of Reasonable Diligence, it is stated that during this diligence period, in continuing the development of the conditional water rights for this system, Coors has been engaged in use, construction and completion of some of the diversion facilities and water rights involved. In addition, Coors has been engaged in the legal defense and protection of said water rights, and has continued in the planning, designing and exploration of the physical and business arrangements associated with the construction and use of the diversion and storage facilities and water rights involved. An 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, include the following activities: A. Diligence activities directly related to the Jefferson Storage System. During the diligence period for the following activities specifically related to the development and use of these rights: 1. Coors has stored and put to the decreed beneficial uses 1,495 acre-feet of water in Lake B-4; 660 acre-feet of water in Lake B-6; and 2,384 acre-feet of water in Lake B-7; 2. Inspections on the reservoirs used for the Jefferson Storage System by both Wright Water Engineers and the State of Colorado have been conducted on a regular basis; 3. Replacement of aeration system in B-Lakes; 4. Engineering, design, etc. of Lake B-5; 5. Engineering design for maintenance related expenses on Lake B-3; and 6. B-Lake inspections. B. Unified System Activities. The Jefferson Storage System, as decreed in Case Nos. 88CW206 and Nos. W-152, are integral features in Coors’ unified water system developed by Coors for beverage and food production, malting, irrigation, domestic and other commercial and industrial uses. Other components of the unified water system include the Straight Creek Tunnel Drainage and Effluent System (Case Nos. W-1665 in Water Division No. 5 and W-7097 in Water Division No. 1), Coors Golden Milling Right (Civil Action No. B-9675, Jefferson County District Court), Coors’ Underground Springs (Case Nos. W-7809-74, 90CW064 and 95CW081); Augmentation Plan Springs (Case No. 81CW110), Idaho Springs Reservoir (Case No. 84CW671), the nontributary wells which are the subject of Case No. 85CW051, Coors Industries Ditch (Case Nos. W-224 and W-7585), the Coors Augmentation Plans I and II decreed in Case Nos. W-8036(75), W-8256(76), 88CW271 and 89CW234, Coors’ pending Augmentation III plan (Case No. 99CW236), the Cosmic Decree (Case No. 88CW271), and related exchanges

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decreed in Case Nos. 88CW268, 88CW272, and 96CW1117 (all cases are decrees entered in Water Division No. 1, except where otherwise noted), as well as a complete water treatment, cooling and distribution system at the plant site in Golden, Colorado. Coors has continuously operated its integrated water system, including use of the structures and water rights associated with this Application, to support its commercial operations. As described below, Coors has expended substantial effort in the development of its overall unified system of which the rights identified in this Application are integral components. During this diligence period, Coors has continued the development of the unified water supply system of which the storage structures which are the subject of this Application are an integral part. This Court has determined that continued development and maintenance of Coors’ unified water system constitutes diligence for the individual water rights associated with that system, which are included in this Application. See Decree in Case No. 98CW222 at 19 ¶8 (June 11, 1999). Coors has also been engaged in the legal defense and protection of said water rights, and has continued in the planning, design and exploration of the physical and business problems associated with the construction and use of the diversion facilities and water rights involved. During this diligence period, Coors has undertaken the following activities and expended at least $2,472,009.00 for the development and maintenance of its unified water supply system: 1. Rehabilitation work on the George R. Steuart Reservoir; 2. Develop new Springs Nos. 153 and 162; 3. Repair and maintenance of underground springs, pumps, sand filters, etc.; 4. Replacement of Agricultural Ditch flume on Coors’ property; and 5. Standley Lake Rehabilitation Project and negotiation, with consultants’ fees and costs related thereto. C. Other Activities: Coors has also participated in a number of water cases adjudicating matters required for the production of water used in Coors’ unified water system, including but not limited to following cases: 1. Case No. 98CW341 (a diligence application for the Idaho Springs Reservoir); 2. Case No. 98CW419 (diligence on a portion of Coors Underground Springs): 3. Case No. 99CW062 (diligence on an exchange decreed in Coors Augmentation Plan II); 4. Case No. 99CW236, commonly referred to as the Coors Augmentation Plan III; 5. Case No. 04CW30 (diligence on 34 Coors Underground Springs); 6. Case No. 04CW78 (diligence on other exchanges relating to the Clear Creek Water Quality Settlement Agreement (“Cosmic Agreement”)); 7. Case No. 04CW262 (diligence on other exchanges relating to the Cosmic Agreement); and 8. Case No. 05CW154 and 05CW159 (diligence on further exchanges relating to the Cosmic Agreement). 9. Coors has also filed statements of opposition to a number of water court applications to prevent injury to Coors’ water rights, including those which are the subject of this Application. D. Additional Expenses Anticipated: Coors expects to incur additional expenses related to the Jefferson Storage system, of at least $1,680,000, during the pendency of this case, including but not limited to expenditures for construction of Lake B-5 (estimated completion date of November 2005) and for maintenance of Lake B-3 (to begin in late 2005 or early 2006). 5. Claim to make absolute. During the diligence period, the following amounts of water were stored under each structure’s decreed priority at times when there were no senior downstream calls, or when senior downstream calls were fully satisfied pursuant to Coors Augmentation Plans I and II as decreed in Case Nos. W-8036(75), W-8256(76) and 89CW234: A. Lake B-4: On June 30, 1999, 2,028 acre-feet of water was stored in Lake B-4 and subsequently applied to beneficial use for all of its decreed purposes. B. Lake B-6: On June 30, 2004, 700 acre-feet of water was stored in Lake B-6 and subsequently applied to beneficial use for all of its decreed purposes. C. Lake B-7: On March 31, 2002, 280 acre-feet of water was stored in Lake B-7 and subsequently applied to beneficial use for all of its decreed purposes. Coors Requests i. Making absolute 411.3 acre-feet of the remaining water right conditionally decreed in Case No. W-152 (Blue Lake Enlargement), as changed and transferred in Case No. 88CW206, which was stored in Lake B-4, and subsequently put to beneficial use therefrom; with 1,988.0 acre-feet of the decreed storage capacity for Lake B-4 remaining conditional (68.0 acre-feet originally decree to the Blue Lake Enlargement right, 1200 acre-feet to the Lewis right, and 720 acre-feet to the Sanderson right, all as changed in Case No. 88CW206);

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ii. Making absolute the remaining 550 acre-feet of the 700 a.f. water right conditionally decreed in Case No. W-152, as changed and transferred in Case No. 88CW206, which was stored in Lake B-6, and subsequently put to beneficial use therefrom; iii. Making absolute 22 acre-feet of the water right conditionally decreed in Case No. W-152, as changed and transferred in Case No. 88CW206, which was stored in Lake B-7, and subsequently put to beneficial use therefrom; with 420.0 acre-feet remaining conditional; and iv. Finding that Coors has exercised reasonable diligence in the development of all of the conditional water rights and portions thereof which are the subject of this Application.

2005CW187 HELEN ANNE HITCHCOCK, Applicant, 542 McArthur Drive, Littleton, CO 80124. APPLICATION FOR PLAN FOR AUGMENTATION, IN DOUGLAS COUNTY. 1.Name, Address, Telephone Number of Applicant: Helen Anne Hitchcock, 542 McArthur Drive, Littleton, CO 80124 (303) 792-2946, through their Attorneys: Petrock & Fendel, P.C. Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202 Telephone: (303) 534-0702. 2. Description of plan for augmentation: A. Groundwater to be augmented: 0.72 acre-feet per year of not nontributary Lower Dawson aquifer groundwater underlying and associated with Lot 2, Stornoway Subdivsion, which is comprised of 5 acres, and is generally located in part of the SE1/4NW1/4 and NE1/4SW1/4 of Section 21, T6S, R67W of the 6th P.M., as shown on Attachment A (Subject Property). The quantification of the Lower Dawson aquifer groundwater which is the subject of this application and the nontributary Laramie-Fox Hills groundwater to be used in the augmentation plan is pending in Case No. 05CW031 in this Court. B. Water rights to be used for augmentation: Return flows from the use of not nontributary Lower Dawson aquifer water and return flows and direct discharge of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property. C. Statement of plan for augmentation: There is an existing Lower Dawson aquifer well (Permit No. 196447) located on the Subject Property which is permitted for household use only. The purpose of this application is to allow the existing well to be used for inhouse, irrigation, and stockwatering uses. It is estimated that inhouse use will require 0.3 acre-feet per year, irrigation will require approximately 0.35 acre-feet per year for irrigation of 6000 square-feet of home lawn and garden, and stockwatering will require 0.07 acre-feet for four large domestic animals. Applicant reserves the right to amend these values. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. 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 lots 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 the actual depletion to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicant estimates that depletions occur to the South Platte River stream system. Return flows from use of the subject water rights from inhouse use through a nonevaporative septic system 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. Applicant will reserve an equal amount of nontributary Laramie-Fox Hills groundwater underlying the Subject Property to meet augmentation requirements. 3.Remarks: Applicant will withdraw the not nontributary Lower 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. and will re-permit the existing well to operate under the plan for augmentation at such time that the well will be used for the new purposes. 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

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materially injured by the withdrawal 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. 2005CW188 HIDDEN VILLAGE LOT OWNERS, BEING LINDA AND ANTHONY CENA, THE RAG TRUST, DAVID AND SUZANNE FONG, AND REX YATES, Applicants, c/o 6837 N. Village Road, Parker, CO 80134. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS., IN DOUGLAS COUNTY. 1.Name, address and telephone number of Applicants: Hidden Village Lot Owners, being Linda and Anthony Cena, The Rag Trust, David and Suzanne Fong, and Rex Yates, c/o 6837 N. Village Road, Parker, CO 80134, (303) 805-1119, through their Attorneys: Petrock & Fendel, P.C. Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado, 80202, Telephone: (303) 534-0702. 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 17.2 acres of land, associated with 4 residential lots located within the boundaries of Hidden Village Subdivision, as generally located in parts of Sections 6, 7, and 8, Township 7 South, Range 65 West of the 6th P.M., as shown on Attachment B hereto. The four lots are Lot 42, Filing 2 (Cena/4.4 acres); Lot 54, Filing 3 (Rag Trust/4.5 acres); Lot 114, Filing 5 (Fong/3.7 acres); and Lot 34, Filing 2 (Yates/4.6 acres). Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to §37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. Applicants will not claim any Lower Dawson aquifer groundwater underlying any lots or tracts which may be located with the circle of prior appropriation of Well Permit No. 17933-F.

Saturated Estimated Aquifer Thickness Annual Amount Lower Dawson 96 feet 3.4 acre-feet Denver 253 feet 7.4 acre-feet Arapahoe 145 feet 4.2 acre-feet Laramie-Fox Hills 194 feet 5.0 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary groundwater underlying the Subject Property, except for any groundwater associated with exempt wells located on the lots. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below their respective lots and tracts, through wells or 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. Applicants may also withdraw nontributary water requested herein in combination with the same types of water which are located underlying adjacent lots in Hidden Village as decreed in Case 2001CW231, Case No. 2002CW214, and 2004CW76, through wells located on the Subject Property or wells located on

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the adjacent lots. 7. Proposed Use: The water will be used for domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection, fish and wildlife, and augmentation purposes, including storage. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§37-92-302(2) and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein; and B. The groundwater requested herein is nontributary groundwater; and C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. 05CW189 COTTONWOOD WATER AND SANITATION DISTRICT, c/o Pat Mulhern MRE, Inc., 2 Inverness Drive East, Suite 200, Englewood, Colorado 80112, Englewood, Colorado 80112, (303) 649-9857. (Timothy J. Beaton and Gabriel D. Carter, Moses Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT PARTIALLY ABSOLUTE. IN ARAPAHOE AND DOUGLAS COUNTIES. 2. Name of structure: Cottonwood Cherry Creek Exchange. 3. Legal description: Upper Points of Diversion are all located within Township 6 South, Range 66 West of the 6th P.M., in Sections 4, 5 and 9. Point of Introduction of Substitution and Exchange Supply. On Lone Tree Creek at the outfall of the Arapahoe County Water and Wastewater Authority’s Lone Tree Creek Wastewater Treatment Plant located in the SW1/4 of the NE1/4 of Section 24, Township 5 South, Range 67 West of the 6th P.M., Arapahoe County, Colorado. Cottonwood’s exchange water will be delivered down Lone Tree Creek to Cottonwood Creek to Cherry Creek Reservoir; Exchange-From Point: On Cherry Creek at Cherry Creek Reservoir, located in Sections 1, 2, 3, 10, 11, 12, 13, 14, 23 and 24, Township 5 South, Range 67 West of the 6th P.M.; Sections 35 and 36, Township 4 South, Range 67 West of the 6th P.M.; Sections 31 and 32, Township 4 South, Range 66 West of the 6th P.M.; and Sections 7, 18 and 19, Township 5 South, Range 66 West of the 6th P.M.; all in Arapahoe County, Colorado. Sources to be Used for Substitution and Exchange Supply. Fully consumable return flows from Cottonwood’s not-nontributary and nontributary Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifer wells decreed in Case Nos. W-7824, 80CW416, 81CW368, 83CW173, 84CW206, 85CW190, 85CW195, 86CW270(A) and 85CW167, all in the District Court for Water Division No. 1, State of Colorado, together with any additional sources of fully consumable water from the Denver Basin aquifers which underlie property contained within Cottonwood’s service area; Fully consumable return flows from Cottonwood’s Boss and Gilman, Parker No. 1 Ditch, Fifty-Nine Ditch, and Junior Dixon Feedlot water rights, the historic consumptive use of which was quantified on March 21, 1986 in Case No. 81CW142, District Court for Water Division No. 1, State of Colorado. 4. Remarks: Cottonwood’s substitution and exchange hereunder supplements the existing augmentation plan for operation of Cottonwood’s integrated system under the 81CW142 decree. 5. Appropriation Date: July 13, 1993 decreed in Case No. 95CW276. 6. Amount: 3.26 cfs, CONDITIONAL. 7. Uses: Municipal purposes, including domestic, agricultural, industrial, commercial, stockwatering, fire protection, recreation, fish and wildlife preservation and propagation, and all

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other beneficial purposes, including but not limited to recharge of Denver Basin aquifers, exchange purposes, replacement of depletions resulting from the use of water from other sources, relinquishment pursuant to C.R.S. §37-90-137(9)(b), and all augmentation purposes. The water diverted by substitution and exchange is fully consumable and may be used, reused, successively used and completely disposed of to extinction by Cottonwood for the above-described purposes. 8. Activities and Expenditures Toward Completion of the Conditional Appropriation: Cottonwood has incurred engineering costs associated with developing the conditional appropriation for the Cottonwood Cherry Creek Exchange from August 1999 through the present in the amount of approximately $19,593.00 with approximately $14,000 in attorney fees since entry of the 95CW276 decree relative to development, implementation and use of the Cottonwood Cherry Creek Exchange, accounting matters and the filing of this diligence application 9. Claim to Make Absolute: The Cottonwood Cherry Creek Exchange has been partially used at a maximum exchange rate of 1.02 cfs on July 6, 2004; continue the remaining 2.24 cfs as conditional. 10. Names and Addresses of Owners of Land: Cottonwood Water and Sanitation District Pat Mulhern MRE, Inc., 2 Inverness Drive East, Suite 200, Englewood, Colorado 80112, Englewood, Colorado 80112 owns the points of diversion; the water will be used within or outside of Cottonwood’s boundaries, as they presently exist or may be modified from time to time. 2005CW190 THE CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY (Randolph W. Starr, Michael A. Westbrook, Starr & Westbrook, P.C., 150 East 29th Street, Suite 285, P.O. Box 642, Loveland, CO 80538) APPLICATION FOR FINDING OF DILIGENCE, IN LARIMER COUNTY. Name, address, telephone number(s) (residence and business) of applicant(s): The Consolidated Home Supply Ditch and Reservoir Company, C/O Delbert Helzer, 1650 West 8th Street, Loveland, CO 80537 (970) 667-1934 Name of structure: (well, spring, ditch, reservoir) Lon Hagler Reservoir Refill Date of Original Decree: July 25, 1991 Case No. 88CW121 Court Water Division 1 Legal Description of Lon Hagler Reservoir: Commencing at a point which is S 78°37’45” W, 3,529.04 feet from the SE corner of Section 29, Township 5 North, Range 69 West, 6th P.M., thence N 87°20’ W, 973.00 feet; thence S 73°55’ W, 920.00 feet; thence N 73°55’ W, 1,052.77 feet; thence N 16°05’ W, 400.00 feet; thence N 16°30’ E, 1,315.55 feet; thence N 45°00’ E, 690.00 feet; thence S 86°00’ E, 620.00 feet; thence N 70°04’00” E, 1,432.72 feet; thence S 87°04’ E, 1,075.10 feet; thence S 43°34’ E, 420.00 feet, thence S 00°11’ W, 1,678.00 feet; thence S 62°40’W, 1,358.00 feet to the point of beginning. Source: Big Thompson River Appropriation Date: August 21, 1979 Amount: 1,778 acre feet Absolute; 3,529.81 acre feet Conditional Use: Irrigation of lands supplied by The Consolidated Home Supply Ditch and Reservoir Company. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: (add additional sheets if necessary) The applicant has been unable to make additional amounts of this refill decree absolute due to lack of available water but has been ready and willing to refill when water is available. Wherefore, Applicant requests that this Court issue its findings and determination that Applicant has exercised due and reasonable diligence. Applicant further requests that this Court continue in full force and effect this conditional water right for an additional six-year period, and for such other relief as this Court may deem proper. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The Consolidated Home Supply Ditch and Reservoir Company, 1650 W. 8th Street, Loveland, Colorado 80537.

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2005CW191 DONALD P. BELLUM, Applicant, 3341 Park Ridge Road, Sedalia, CO 80135, APPLICATION TO AMEND PLAN FOR AUGMENTATION. IN DOUGLAS COUNTY. 1. Name and telephone number of Applicant: Donald P. Bellum, 3341 Park Ridge Road, Sedalia, CO 80135,(303) 660-4569, through their Attorneys Petrock & Fendel, P.C.Frederick A. Fendel, III, Atty. Reg. #10476, Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800,Denver, Colorado 80202,Telephone: (303) 534-07022. Prior decree: Case No. 03CW309, entered March 22, 2004. The decree amended an augmentation plan previously entered in Case No. 98CW12, to allow diversion of not nontributary Denver aquifer water for use on nine residential lots, located on approximately 89 acres of land in the S1/2N1/2 of Section 25, T8S, R68W of the 6th P.M. as shown on Attachment A. The plan allowed ten residences on nine lots, and specified one of the lots (Bellum Pines Lot 2B) as the only lot on which one or two wells may be drilled to supply two residences on that lot, allowing use of up to 1.2 acre feet per year on Lot 2B. 3. Proposed change: Applicant requests that the augmentation plan be amended to allow the use of the 1.2 acre-feet per year described above to be withdrawn through one or two wells on any of the nine lots which are the subject of the augmentation plan, including but not limited to Bellum Pines Lot 2A. No other parties will be adversely affected by this amendment, and no other parts of the original decree will be changed. WHEREFORE, Applicant prays that this Court enter a decree granting this application and for a finding that the change requested herein will not injuriously affect other owners or users of vested or conditional water rights, and for such other relief as it deems proper in the premises. 2005CW192 (W-6287-72, 80CW106, 84CW126, 88CW189 and 95CW093) DEWARD E. WALKER, JR. P.O. Box 4147, Boulder, CO 80306 (303) 444-1788 (c/o Stephen T. Williamson, 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 BOULDER COUNTY 2. Name of structure: Licketysplit Pipeline 3. Description of conditional water rights: Licketysplit Pipeline was originally adjudicated in Case No. W-6287-72, Water Division No. 1, by decree dated April 27, 1976. Previous diligence decrees have been entered in Case No. 80CW106, entered March 23, 1983, Case No. 84CW126, entered October 8, 1988, Case No. 88CW189, entered April 28, 1989 and Case No. 95CW093 dated July 2, 1999. A. The legal description of the Licketysplit Pipeline: The alternate points of diversion are, first, at a point on Four Mile Creek whence the Southeast corner of Section 19, Township 1 North, Range 71 West of the 6th P.M., Boulder County, bears South 38 degrees 14 minutes East, 5,435 feet; and second, the relocated well and intake pipe located at a point on the South bank of Four Mile Creek, whence the southeast corner of Section 19, Township 1 North, Range 71 West of the 6th P.M., Boulder County, bears South 21 degrees 10 minutes East, 5,038 feet, from which well it derives a supply of water. B. The source of water: Four Mile Creek, tributary to Boulder Creek, tributary to the South Platte River. C. The dates of appropriation: September 27, 1934 for mining and milling purposes; September 5, 1967 for domestic, municipal, stock watering and irrigation purposes. D. The amount of water: 0.450 cubic feet per second, CONDITIONAL. E. The use of the water: Mining, milling, domestic, municipal, stock watering, irrigation of not over one acre. 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: Applicant purchased the remaining 50% interest in the subject conditional water rights for $12,000.00 on October 6, 1993 from the Estate of Alfred E. Koenig. Conveyance was made by Personal Representative’s Deed on that date and the deed was recorded in the Boulder County Records on that date. The deed also conveyed to applicant certain land and rights-of-way necessary for completion of the project and certain other water rights which will be used in conjunction with the Licketysplit Pipeline. Applicant has also entered into an agreement with the Four Mile Canyon Fire Protection District to construct jointly a point of diversion for the subject pipeline. The District will do the construction and applicant has paid the sum of $800.00 to the District as a construction

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contribution. The District has completed construction of a new fire station near the point of diversion and will use the structure for fire protection purposes. During the diligence period, applicant has continued discussions with the District on water use and has completed construction of a road need for installation of the pipeline. The pipeline will be installed in the shoulder of the road recently completed. Applicant has also completed planting of numerous new trees which will be water with supply from the new pipeline when it is completed. WHEREFORE, applicant requests that the court find diligence in the development of Licketysplit Pipeline and continue the conditional decree for said structure for the statutory period. 2005CW193 (W-1164, W-1164-76, 85CW014, 89CW006 and 95CW140) DEWARD E. WALKER, JR. P.O. Box 4147, Boulder, CO 80306 (303) 444-1788 (c/o Stephen T. Williamson, 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 BOULDER COUNTY 2. Names of structure: Sunbeam Gulch Creek 3. Description of conditional water rights: Sunbeam Gulch Creek was originally adjudicated in Case No. W-1164, Water Division No. 1, by decree dated June 22, 1971. Previous diligence decrees have been entered in Case No. W-1164-76, entered March 31, 1981, Case No. 85CW014, entered January 28, 1985, Case No. 89CW006, entered June 29, 1989 and Case No. 95CW140 entered July 2, 1999. A. The legal description of Sunbeam Gulch Creek: At the following points from the SE Corner, Section 19, Township 1 North, Range 71 West of the 6th P.M., Boulder County: 1. North 1 degree, 33 minutes, 43 seconds East, 1,906.2 feet 2. North 15 degrees, 28 minutes, 02 seconds East, 2,340.8 feet 3. North 2 degrees, 48 minutes, 25 seconds West, 2,064.3 feet. B. The source of water: Part of the watershed of Four Mile Creek that is located in Sunbeam Gulch. C. The date of appropriation: May 31, 1970 D. The amount of water: 1.33 cubic feet per second, CONDITIONAL. E. The use of the water: Irrigation of approximately 25 acres in Section 20, Township 1 North, Range 71 West, 6th P.M., Boulder County, domestic use and game preserve. 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: Applicant has constructed the diversion facilities with his own labor and equipment. Water has been diverted to a garden area and used for irrigation purposes. Applicant has also completed the planting of numerous new trees which are water from this source. Due to the drought, very little water has been legally and physically available for diversion during the diligence period. However, applicant did divert water during the 2005 Spring runoff and the very high water damaged the diversion facilities. Applicant is now attempting to repair them. Applicant also acquired additional senior water rights in this drainage from the Estate of Alfred E. Koenig to help support these diversions. WHEREFORE, Applicant requests that the court find diligence in the development of Sunbeam Gulch Creek and continue the conditional decrees for said structures for the statutory period. 2005CW194 (W-1672, W-1672-76, 85CW013, 89CW007 and 95CW139) DEWARD E. WALKER, JR. P.O. Box 4147, Boulder, CO 80306 (303) 444-1788 (c/o Stephen T. Williamson, 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 BOULDER COUNTY 2. Names of structures: Sunbeam Gulch Pond No. 1 and Sunbeam Gulch Pond No. 3 3. Description of conditional water rights: Sunbeam Gulch Pond Nos. 1 and 3 were originally adjudicated in Case No. W-1672, Water Division No. 1, by decree dated December 8, 1971. Previous diligence decrees have been entered in Case No. W-1672-76, entered May 8, 1981, Case No. 85CW013, entered January 28, 1985, Case No. 89CW007, entered June 29, 1989, and Case No. 95CW139 entered July 2, 1999. A. The legal description of the structures: Sunbeam Gulch Pond No. 1: Initial point of survey is located at a point North 1 degree, 33 minutes, 43 seconds East, 1,906.2 feet from the SE corner Section 19, Township 1 North, Range 71 West of

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the 6th P.M., Boulder County. Sunbeam Gulch Pond No. 3: Initial point of survey is located at a point North 15 degrees, 28 minutes, 02 seconds East, 2,340.8 feet from the SE corner Section 19, Township 1 North, Range 71 West of the 6th P.M., Boulder County. B. The source of water: Sunbeam Gulch Pond No. 1, and No. 3: Sunbeam Gulch tributary to Boulder Creek. C. The dates of appropriation: Sunbeam Gulch Pond No. 1: July 15, 1980; Sunbeam Gulch Pond No. 3: July 15, 1980. D. The amount of water: Sunbeam Gulch Pond No. 1: 0.45 acre feet, CONDITIONAL; Sunbeam Gulch Pond No. 3: 0.02 acre feet, CONDITIONAL. E. The use of the water: Sunbeam Gulch Pond No. 1, and No. 3: Irrigation in the SE 1/4NW1/4 Section 20, Township 1 North, Range 71 West, 6th P.M., Boulder County, and game preservation, together with other waters. 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: Applicant has constructed the diversion facilities with his own labor and equipment. Water has been stored in both ponds and then diverted to a garden area and used for irrigation purposes. Applicant has also completed planting of numerous new trees which are watered from these sources. Due to the drought, very little water has been legally and physically available for diversion during the diligence period. However, applicant did divert water during the 2005 Spring runoff and the dam at Pond No. 3 was damaged by the high water. Applicant is now attempting to repair it. Applicant also acquired additional senior water rights in this drainage from the Estate of Alfred E. Koenig to help support these diversions. WHEREFORE, applicant requests that the court find diligence in the development of Sunbeam Gulch Creek and continue the conditional decrees for said structures for the statutory period. 2005CW195 (W-5488, 82CW134, 86CW109, 90CW056 and 96CW187) DEWARD E. WALKER, Jr. P.O. Box 4147, Boulder, CO 80306 (303) 444-1788 (c/o Stephen T. Williamson, 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 BOULDER COUNTY 2. Names of structure: Baron Well 3. Description of conditional water rights: The Baron Well is an existing well which was originally adjudicated in Case No. W-5488, Water Division No. 1, by decree dated May 9, 1978. Previous diligence decrees have been entered in Case No. 82CW134, entered October 1, 1984, Case No. 86CW109, entered October 5, 1988, Case No. 90CW056, entered August 29, 1990, Case No. 96CW187, entered July 2, 1999. A. The legal description of the structure: Section 18, Township 1 North, Range 71 West of the 6th P.M., Boulder County, Colorado, at a point bearing North 42°55′45" West, 1,545.75 feet from the East quarter corner of said Section 18. B. The source of water: Groundwater tributary to Fourmile Creek, tributary to Boulder Creek. C. The date of appropriation: June 29, 1972. D. The amount of water: 0.111 cubic feet per second (50 gallons per minute), CONDITIONAL. E. The use of the water: Domestic use for one single family dwelling, fire protection, mining and milling purposes. 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: The subject well has been pumped and cleaned out and the temporary pump has been replaced. Applicant donated land to the Fourmile Fire Protection District for a fire station and has conducted negotiations and entered into an agreement with said District to provide water for fire fighting emergencies. Work has continued on plans to build an elevated water storage tank which would be supplied by this well. Due to funding difficulties, the tank has not yet been completed, but remains part of the overall plan. Applicant also acquired additional senior water rights in this drainage from the Estate of Alfred E. Koenig to help support these diversions. WHEREFORE, applicant requests that the court find diligence in the development of the Baron Well and continue the conditional decree for said structure for the statutory period. 2005CW196 BERNHARD R. HUENSCH, 7500 S.E. Cherry Creek Rd., Franktown, CO 80131. APPLICATION FOR UNDERGROUND WATER RIGHT, IN ELBERT COUNTY.

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Bernhard R. Huensch #226561, located in the NE1/4, SW1/4 of S22, T9S, R65W of 6th PM, Elbert County, at a point 1750’ from the S and 2400’ from the W section lines, 7500 S.E. Cherry Creek Rd., Franktown, CO 80131. Charles Eastman #83155, located in the SE1/4, SW1/4 of S22, T9S, R65W of 6th PM, Elbert County. Source: Lower Dawson - 626/145; Denver- 1778/962; Arapahoe – 2388/1886; Laramie-Fox Hills – 3011/2758. Date of appropriation: ???? How appropriation was initiated: ???? Amount claimed: Upper Dawson: 19.25 Not nontrib. If non-trib.: Lower Dawson – 10.94; Denver – 16.05; Arapahoe – 16.39; Laramie-Fox Hills – 11.11. Proposed use: Domestic, industrial, commercial, irrigation, live stock watering, fire protection and augmentation purposes. 05CW197 TIMOTHY P. SHERLOCK AND GINGER K. SHERLOCK, 4442 S. Zenobia St., Denver, CO 80236. APPLICATION FOR UNDERGROUND WATER RIGHT, IN PARK COUNTY. Well #60234-F located in the SE1/4, NW1/4 of S22, T9S, R75W of 6th PM, Park County, at a point 1425’ from the N and 2330’ from the S section lines. Indian Mountain, Lot 62, Filing 6, Address: 399 War Lane, Jefferson, CO. Source: Groundwater. Depth: 340’ Date of appropriation: 11/04/2003. How appropriation was initiated: By builder, Greg Lund. Date water applied to beneficial use: 12/07/1999. Amount claimed: 5 gpm, Proposed use: Single family dwelling and 1000 sq. ft. yard. Owners: Applicant. AMENDMENTS 2003CW195 LOGAN WELL USERS, INC, 274 East Chestnut St., P.O. Box 1172, Sterling, CO, 80751, (970)522-5010. (Kelly J. Custer, Esq., Lind, Lawrence & Ottenhoff, LLP, 1011 11th Ave., Greeley, CO 80631) Amended Application for Water Rights, Change of Water Rights and Approval of Plan of Augmentation, IN LOGAN COUNTY. All claims not amended herein, remain as set forth in the Application dated April 23, 2003 and the first amendment dated December 31, 2004. Application for Water Rights 3. Name of Structure: Guenzi Pawnee Creek Recharge Project. 3.1 Legal Description of Diversion Points: 3.1.1 Pawnee Creek 1: In the NE¼ NW¼ of Section 11, Township 7 North, Range 54 West, 6th P.M., Logan County, Colorado. 3.1.2. Pawnee Creek 2: In the SW¼ NE¼ of Section 19, Township 7 North, Range 53 West, 6th P.M., Logan County, Colorado. 3.1.3 Pawnee Creek 3: In the NE¼ NW¼ of Section 20, Township 7 North, Range 53 West, 6th P.M., Logan County, Colorado. 3.2 Source of Water: Pawnee Creek, a tributary of the South Platte River. 3.3 Date of Initiation of Appropriation: June 15, 2005. 3.4. How Appropriation Was Initiated: By formation of intent to appropriate and the filing of this amended application. 3.5. Description of Recharge. Water is diverted at the points described above and delivered to the recharge sites and is allowed to percolate into the underground aquifer for Applicant's stated beneficial uses. The following sites have been identified. These sites may be modified and other sites added. 3.5.1. Guenzi Pond No. 1: In the N½ of Section 11 and the S½ of Section 2, Township 7 North, Range 54 West, 6th P.M., Logan County Colorado. Surface area of high water line: 80 acres. Total active capacity: 240 acre-feet with 0 dead storage. 3.5.2. Guenzi Pond No. 2: In the SW¼ of Section 19, Township 7 North, Range 53 West, 6th P.M., Logan County Colorado. Surface area of high water line: 40 acres. Total active capacity: 120 acre-feet with 0 dead storage. 3.5.3. Guenzi Pond No. 3: In the E½ of Section 20, Township 7 North, Range 53 West, 6th P.M., Logan County Colorado. Surface area of high water line: 40 acres. Total active capacity: 120 acre-feet with 0 dead storage. 3.6. Amounts Claimed: Pawnee Creek 1: 4 cfs, conditional; Pawnee Creek 2: 4 cfs, conditional; Pawnee Creek 3: 4 cfs, conditional. 3.7. Use: Augmentation, recharge, replacement, irrigation, exchange for irrigation, municipal, recreation, wildlife and wildlife recovery. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 4. Name of Structure: Guenzi Recharge Well Project (GRWP). 4.1. Legal description of

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diversion points: Recharge Wells No. 2-59275-F and No. 4-59465-F, described in the application and the first amendment to the application, and Recharge Well No. 13 described herein. 4.2. Source of Water: South Platte River. 4.3. Date of Initiation of Appropriation: June 15, 2005. 4.4. How Appropriation Was Initiated: By formation of intent to appropriate and the filing of this amended application. 4.5. Description of Recharge. Water is diverted at the points described above and delivered to the recharge sites and is allowed to percolate into the underground aquifer for Applicant's stated beneficial uses. The following sites have been identified. These sites may be modified and other sites added. 4.5.1. GRWP Pond No. 1 (Ladd No. 1): In the N½ of Section 12, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line: 20 acres. Total active capacity: 60 a.f. with 0 dead storage. 4.5.2. GRWP Pond No. 2 (Ladd No. 2): In the SW¼ of Section 1, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line: 20 acres. Total active capacity: 60 a.f. with 0 dead storage. 4.5.3. GRWP Pond No. 3 (Schott No. 1 and 2): In the SW¼ of Section 7, Township 6 North, Range 53 West, 6th P.M., Logan County, Colorado. Surface area of high water line: 15 acres. Total active capacity: 45 a.f. with 0 dead storage. 4.5.4. All ditches, ponds and facilities described in Case No. 95CW263, Farmers Pawnee Ditch Company, and 96CW1034, North Sterling Irrigation District, subject to agreement with the owners of the structures. 4.6. Amounts Claimed: Recharge Well No. 2: 6000 gpm, absolute, Recharge Well No. 4: 2250 gpm, absolute; 750 gpm, conditional, Recharge Well No. 13: 6000 gpm, conditional. 4.7. Use: Augmentation, recharge, replacement, irrigation, exchange for irrigation, municipal, recreation, wildlife and wildlife recovery. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 5. Name of Structure: Hessler Farms Inc. Recharge Well Project. 5.1. Legal description of diversion points: Recharge Well No. 3-59273-F, described in the application and the first amendment to the application. 5.2. Source of Water: South Platte River. 5.3. Date of Initiation of Appropriation: June 15, 2005. 5.4. How Appropriation Was Initiated: By formation of intent to appropriate and the filing of this amended application. 5.5. Description of Recharge. Water is diverted at the points described above and delivered to the recharge sites and is allowed to percolate into the underground aquifer for Applicant's stated beneficial uses. The following sites have been identified. These sites may be modified and other sites added. 5.5.1. South Platte Ditch Recharge Project No. 2 recharge/reservoir sites No. 6, 7, 9, 10, 11, 14, 15, and 16 described in the original application; and sites No. 17, 18, 19, 20, 21, 22 and 23 described in this second amendment to the application. 5.6. Amounts Claimed: Recharge Well No. 3: 4000 gpm, absolute. 5.7. Use: Augmentation, recharge, replacement, irrigation, exchange for irrigation, municipal, recreation, wildlife and wildlife recovery. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 6. Name of Structure: Buffalo Farms Water Development Inc. Recharge Well Project. 6.1. Legal description of diversion points: Recharge Well No. 11-59274-F, described in the application and the first amendment to the application, and Recharge Well No. 14 described herein. 6.2. Source of Water: South Platte River. 6.3. Date of Initiation of Appropriation: June 15, 2005. 6.4. How Appropriation Was Initiated: By formation of intent to appropriate and the filing of this amended application. 6.5. Description of Recharge. Water is diverted at the points described above and delivered to the recharge sites and is allowed to percolate into the underground aquifer for Applicant's stated beneficial uses. The following sites have been identified. These sites may be modified and other sites added. 6.5.1. Goss No.1: In the SW¼ NW¼ of Section 24, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line: 7 acres. Total active capacity: 21 a.f. with 0 dead storage. 6.5.2. Goss No. 2: In the SE¼ SE¼ of Section 14, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line: 7 acres. Total active capacity: 21 a.f. with 0 dead storage. 6.5.3. Cross: In the NE¼ SE¼ of Section 23, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line: 22 acres. Total active capacity: 66 a.f. with 0 dead storage. 6.5.4. All ditches, ponds and facilities

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described in Case No. 95CW263, Farmers Pawnee Ditch Company, and 96CW1034, North Sterling Irrigation District, subject to agreement with the owners of the structures. 6.6. Amounts Claimed: Recharge Well No. 11: 4000 gpm, conditional Recharge Well No. 14: 4000 gpm, conditional. 6.7. Use: Augmentation, recharge, replacement, irrigation, exchange for irrigation, municipal, recreation, wildlife and wildlife recovery. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 7. Name of Structure: Lutin-Curlee Recharge Project. 7.1. Legal description of diversion point: Curlee Pump Station No. 2, In the SE¼ SW¼ of Section 30, Township 6 North, Range 53 West, 6th P.M., Logan County, Colorado, on the Prewitt Seep Ditch. 7.2. Source of Water: South Platte River. 7.3. Date of Initiation of Appropriation: June 15, 2005. 7.4. How Appropriation Was Initiated: By formation of intent to appropriate and the filing of this amended application. 7.5. Description of Recharge. Water is diverted at the point described above and delivered to the recharge sites and is allowed to percolate into the underground aquifer for Applicant's stated beneficial uses. The following sites have been identified. These sites may be modified and other sites added. 7.5.1. Lutin-Curlee Pond No.1: In the SW¼ SW¼ of Section 30, Township 6 North, Range 53 West, 6th P.M., Logan County, Colorado. Surface area of high water line: 5 acres. Total active capacity: 15 a.f. with 0 dead storage. 7.5.2. Lutin-Curlee Pond No. 2: In the SE¼ SE¼ of Section 25, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line: 5 acres. Total active capacity: 15 a.f. with 0 dead storage. 7.6. Amount Claimed: 10.0 cfs, conditional. 7.7. Use: Augmentation, recharge, replacement, irrigation, exchange for irrigation, municipal, recreation, wildlife and wildlife recovery. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 8. Name of Structure: Sterling Irrigation Company (SIC) Recharge Project. An additional recharge site is claimed. 8.1. Description of Additional Recharge Site: SIC Recharge/Reservoir Site No. 5(Mike Weis –MX2 No. 1): In the NW¼ SE¼ of Section 34, Township 9 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 5 acres. Total active capacity in acre feet: 15 a.f. with 0 dead storage. 10. Name of Structure: Springdale Ditch Recharge Project. Additional recharge sites are claimed, described as follows: 9.1. Springdale Recharge/Reservoir Site No. 7 (Fritzler No. 1): In the N ½ NE¼ NW¼ of Section 1, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 3 acres. Total active capacity: 9 a.f. with 0 dead storage. 9.2. Springdale Recharge/Reservoir Site No. 8 (Anderson): In the SW¼ SW¼ of Section 4, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 7 acres. Total active capacity: 14 a.f. with 0 dead storage. 10. Name of Structure: Schneider Ditch Recharge Project. An additional portion of the water right is claimed absolute, as follows: Amount claimed: 14.3 cfs, absolute; 43.7 cfs, conditional. 11. Name of Structure: South Platte Ditch (SPD) Recharge Project No. 2: An additional portion of the water right is claimed absolute, and additional recharge sites are claimed and described as follows: 11.1. Amount claimed at the South Platte Ditch headgate: 39.4 cfs, absolute; 80.6 cfs, conditional. 11.2. South Platte Recharge/Reservoir Site No. 17 (Hoogland No. 3): In the SW¼ SW¼ of Section 10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 6 acres. Total active capacity: 18 a.f. with 0 dead storage. 11.3. South Platte Recharge/Reservoir Site No. 18 (Hessler No. 1): In the NW¼ NW¼ of Section 15, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 6 acres. Total active capacity: 18 a.f. with 0 dead storage. 11.4. South Platte Recharge/Reservoir Site No. 19 (Hessler No. 2): In the NE¼ NW¼ of Section 15, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 3 acres. Total active capacity: 9 a.f. with 0 dead storage. 11.5. South Platte Recharge/Reservoir Site No. 20 (Smart No. 3): In the N½ SE¼ of Section 15, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 10 acres. Total active capacity: 40 a.f. with 0 dead storage. 11.6. South Platte Recharge/Reservoir Site No. 21 (Smart

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No. 4): In the E½ NW¼ of Section 14, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 20 acres. Total active capacity: 80 a.f. with 0 dead storage. 11.7. South Platte Recharge/Reservoir Site No. 22 (Smart No. 5): In the NW¼ NE¼ of Section 15, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 2 acres. Total active capacity: 6 a.f. with 0 dead storage. 11.8. South Platte Recharge/Reservoir Site No. 23 (Smart No. 6): In the NW¼ SW¼ of Section 11, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 5 acres. Total active capacity: 15 a.f. with 0 dead storage. 11.9. All recharge structures/ponds that are part of the South Platte Ditch Recharge Project No. 1 decreed in Case No. W-7839, Water Division No. 1, which use the South Platte Extension Ditch (Sand Hill Lateral Ditch) and associated ponds and potholes along this lateral. 12. The original application included a claim for augmentation wells designated as 45 through 54. Applicant hereby claims a right to use the ten wells for irrigation as well as augmentation. The names of the structures, permit numbers, amounts claimed in gpm, and legal descriptions are as shown in the table below. All locations are in the 6th P.M., Logan County, Colorado. The source of each well is the South Platte River.

Name Permit No Amount Qtr Qtr Sec T R

SIC A1 16760-F 2450 NE NE 7 7N 52W

SIC A2 16763-F 2450 SE NE 7 7N 52W

SIC A3 16759-F 2450 SE SE 6 7N 52W

SIC A4 16754-F 2450 NE SE 6 7N 52W

SIC A5 16762-F 2450 SE NE 6 7N 52W

SIC A6 16761-F 2450 SW NE 6 7N 52W

SIC B1 19533-F 2240 SE SE 7 7N 52W

SIC B2 19532-F 2240 SE SW 31 8N 52W

SIC B3 19531-F 1340 SE SW 30 8N 52W

SIC B4 19530-F 2070 SW SE 20 8N 52W 12.1. Date of initiation of appropriation: June 15, 2005 for all wells. 12.2. How appropriation was initiated: By formation of intent to appropriate and the filing of this amended application. 12.3. Amounts claimed: See table. All amounts are conditional. 12.4. Use: Irrigation. 12.5. Number of acres proposed to be irrigated: The wells may be used to irrigate any lands within the service area of the Sterling Irrigation Company, consisting of approximately 7400 acres served by the Sterling No. 1 Ditch, which headgate is located in the NW¼ of Section 25, Township 7 North, Range 53 West, 6th P.M., Logan County, Colorado. 12.6. Alternate points: The wells may be used as alternate points for each other, and may be used in any combination to achieve the total flow rate claimed and for irrigation on the total area claimed to be irrigated. 13. Water Rights to be used for Augmentation. Additional sources are claimed. Augmentation credits are available from the following decrees and pending applications: Bill Ils 04CW53; Amen Alternate Point W-3727; Hessler Alternate Point W-687; Hessler Davis Brothers Recharge W-8106-75, W-8106-79 and 84CW125; Propst 96CW161; City of Sterling 98CW450 and 00CW253; Pawnee Well Users 04CW46; Vandemoer 04CW86; South Platte Ditch Well Users

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04CW110; W-1809 Schlegel Ranch; W-8166 Schott; W-8187 Bostron; W-8256 Amen; 79CW230 Scalva; 85CW088 Good Acres; 92CW72 Pomeroy; 96CW117 Thomas Brown; 98CW253 Sessions; 98CW280 Schure; 98CW281 Sand Creek Estates; and W-7473 and W-7954 GASP. Application for Recharge Wells 14. Applicant adds an additional claim at Recharge Well No. 2-59275-F (Guenzi) as follows: 14.1. Permit No. 62508-F 14.2. Location: In the SE¼ NE¼ of Section 18, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. 14.3. Appropriation date: April 21, 2005 14.4. Amount claimed: 2000 gpm, absolute 14.5. Source: South Platte River 14.6. Uses: Recharge, augmentation, replacement and exchange. Applicant claims the use, reuse and successive uses of the water diverted for recharge purposes under the subject water rights to extinction, either directly or by exchange. 15. Applicant adds claims for the following Recharge Wells: 15.1 Recharge Well No. 13 (Guenzi). Permit No.: Pending 15.1.1. Location: In the NW¼ NW¼ of Section 17, Township 6 North, Range 53 West, 6th P.M., Logan County, Colorado. 15.1.2.Appropriation date: June 15, 2005 15.1.3. How appropriation was initiated: By formation of intent to appropriate and the filing of this amendment. 15.1.4. Amount: 6000 gpm, conditional 15.1.5.Source: South Platte River 15.1.6.Uses: Recharge, augmentation, replacement and exchange. Applicant claims the use, reuse and successive uses of the water diverted for recharge purposes under the subject water rights to extinction, either directly or by exchange.15.2. Recharge Well No. 14 (Buffalo Farms). Permit No.: Pending 15.2.1.Location: In the NW¼ NW¼ of Section 25, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. 15.2.2.Appropriation date: June 15, 2005. 15.2.3. How appropriation was initiated: By formation of intent to appropriate and the filing of this amendment. 15.2.4.Amount: 4000 gpm, conditional 15.2.5. Source: South Platte River 15.2.6. Uses: Recharge, augmentation, replacement and exchange. Applicant claims the use, reuse and successive uses of the water diverted for recharge purposes under the subject water rights to extinction, either directly or by exchange. 16. Applicant claims that the following water rights have become absolute by diversion and placement of the water to beneficial use. Amounts not claimed absolute remain conditional claims. 16.1. Recharge Well No. 2 (Guenzi), SE¼ NE¼ of Section 18, Township 6 North, Range 53 West: 6000 gpm, absolute (which includes the amounts pumped under both permit nos. 59275-F and 62508-F). 16.2. Recharge Well No. 3-59273-F (Hessler), NW¼ SW¼ Section 3, Township 6 North, Range 53 West: 4000 gpm, absolute. 16.3. Recharge Well No. 4-59465 (Guenzi), SE¼ NE¼ Section 18, Township 6 North, Range 53 West: 2250 gpm, absolute. Application for Augmentation Wells 17. Applicant amends its claims for augmentation wells as follows (numbers are as given in the original application and first amendment): 17.1.Well No. 3 Accomasso: Claim withdrawn. 17.2. Well No. 55 Klindt: Appropriation date: 8/03/04; Location correction: SW¼ NW¼ of Section 36, Township 7 North, Range 53 West. 17.3. Well No. 62 Guenzi, SE¼ SW¼ Section 8, Township 6 North, Range 53 West: Amount claimed: 1800 gpm, conditional 17.4. Well No. 63 Hessler, SW¼ SE¼ Section 10, Township 6 North, Range 53 West: Amount claimed: 2500 gpm, conditional 17.4. Well No. 64 Hessler, SW¼ NW¼ Section 15, Township 6 North, Range 53 West: Amount claimed: 2500 gpm, conditional 17.5. Well No. 65 Hessler, SW¼ NE¼ Section 15, Township 6 North, Range 53 West: Amount claimed: 2500 gpm, conditional 18. Applicant claims that the following augmentation well water rights have become partially absolute by diversion and placement of the water to beneficial use. Amounts not claimed absolute remain conditional claims. 18.1. Well No. 5 Desoto, NW¼ SE¼ Section 27, Township 9 North, Range 52 West: 1000 gpm, absolute 18.2. Well No. 6 Fiscus, NW¼ SE¼ Section 35, Township 6 North, Range 54 West: 679 gpm, absolute 18.3. Well No. 7 Springdale, SW¼ NE¼ Section 7, Township 7 North, Range 52 West: 2900 gpm, absolute 18.4. Well No. 9 Guenzi, NW¼ NE¼ Section 9, Township 8 North, Range 52 West: 1000 gpm, absolute 18.5. Well No. 10 Guenzi, NW¼ NE¼ Section 9, Township 8 North, Range 52 West : 1000 gm, absolute 18.6. Well No. 19 Lingreen, NW¼ SE¼ Section 36, Township 7 North, Range 53 West: 1250 gpm, absolute 18.7. Well No. 20 Curlee, SE¼ SE¼ Section 25, Township 6 North, Range 54 West:

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1629 gpm, absolute 18.8. Well No. 21 Curlee, SE¼ SW¼ Section 16, Township 6 North, Range 53 West: 1303 gpm, absolute 18.9. Well No. 22 Manuello, NE¼ NW¼ Section 3, Township 8 North, Range 52 West: 800 gpm, absolute 18.10. Well No. 23 Mari, SE¼ SE¼ Section 20, Township 6 North, Range 53 West: 1350 gpm, absolute 18.11. Well No. 24 Mari, NW¼ SW¼ Section 21, Township 6 North, Range 53 West: 1250 gpm, absolute 18.12. Well No. 26 Pomeroy, NW¼ NE¼ Section 20, Township 7 North, Range 53 West: 770 gpm, absolute 18.13. Well No. 29 Propst, SW¼ SE¼ Section 2, Township 6 North, Range 53 West: 1788 gpm, absolute 18.14.Well No. 31 Roth, SE¼ NW¼ Section 16, Township 8 North, Range 52 West: 900 gpm, absolute 18.15. Well No. 32 Smart, SE¼ SE¼ Section 16, Township 6 North, Range 53 West: 1400 gpm, absolute 18.16. Well No. 39 Trahern, SE¼ SW¼ Section 2, Township 6 North, Range 53 West: 2500 gpm, absolute 18.17. Well No. 42 Vollmer, SE¼ SW¼ Section 20, Township 6 North, Range 53 West: 2100 gpm, absolute Application for Change of Water Rights Applicant amends it claims to change the following water rights to reduce the total number of shares to be changed as follows: 19. Decreed Name of Structure: Farmers Pawnee Ditch (176.842 shares). 20.Decreed Name of Structure: South Platte Ditch (79.92 shares). Application for Plan of Augmentation 21. Structures to Be Augmented: A revised table of member wells to be augmented is provided. Seven member wells have been deleted. The well numbers that are missing from the table are those deleted from the Application. Twenty-two wells have been added and are described at well nos. 399-421. The plan is intended to augment any replacement well or alternate point of diversion well authorized in connection with one of the listed wells. *Note the following wells are listed twice and are shared between the members shown: 221 and 222, 227 and 393, and 241 and 244.

Well No. Name WDID

Well Permit

Number Court Case

No QuarterQuarter Sec

Twn-Nort

h Rge-West

1 C. Anderson 64 5762 8576 W2551 NE1/4NE1/4 24 08N 53W

2 Robert Baney 64 5793 5852 W1936 83W362 SW1/4SW1/4 12 07N 53W

3 Robert Baney 64 5794 5853 W1936 SW1/4SW1/4 12 07N 53W 4 Robert Baney 64 5800 015534 W1936 SW1/4NW1/4 13 07N 53W 5 Robert Baney 64 5802 015535 F W1936 SW1/4NE1/4 13 07N 53W 6 Robert Baney 64 5591 NOT REG W5807 SE1/4SW1/4 10 08N 53W 9 Larry Bettger 64 5186 19902 W1173 NW1/4SE1/4 18 08N 52W

10 Harry Bostron 64 5204 12690 W2041 SW1/4NW1/4 31 07N 53W 11 Harry Bostron 64 6066 6569F W620 SE1/4 31 07N 53W 12 Harry Bostron 64 5202 9325F W2041 NE1/4SW1/4 31 07N 53W 13 Harry Bostron 64 6063 9465F W620 NE1/4 31 07N 53W 14 Harry Bostron 64 5205 15084 W2041 NW1/4NE1/4 6 06N 53W 15 Harry Bostron 64 5199 0648 W2040 SW1/4SE1/4 32 07N 53W 16 Wayne Jensen 64 6362 1-2699F W1387 NE1/4NE1/4 8 08N 52W 21 Bret McEndaffer 64 5647 1089 W1865 SW1/4NE1/4 5 06N 53W 25 Mark Dick 64 5400 NR W3564 NW1/4NE1/4 8 08N 52W 26 Albert Fritzler 64 5509 1538 W868 SW1/4 NW1/4 1 07N 53W 27 Albert Fritzler 64 5526 6940F W868 SE1/4 NW1/4 1 07N 53W

28 Katherine Fritzler 64 5543 PR19853R

F60 W2322 SW1/4SW1/4 18 06N 53W 29 Douglas Fritzler 64 5530 9392F W908 NE1/4NE1/4 11 07N 53W

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30 Douglas Fritzler 64 5508 10355 W908 NW1/4NE1/4 11 07N 53W

31 Guenzi Family

Land LLLP 64 5586 4511F W797 NE1/4NW1/4 7 08N 52W 32 Eileen Hein 64 5784 5924F W3008 SW1/4SE1/4 18 08N 52W 34 D&H Holding 64 5618 1092 W632 SW1/4 SE1/4 24 08N 53W 35 Dennis Hettinger 64 5089 14621 W1096 NW1/4SW1/4 27 07N 53W 36 Bill Ils 64 5670 203 W881 NW1/4NE1/4 7 08N 52W

38 Keller Farms,

Inc. 64 5742 1031 W2364 SE1/4SW1/4 11 07N 53W

39 Keller Farms,

Inc. 64 5744 1032 W2364 SE1/4SE1/4 11 07N 53W

40 Keller Farms,

Inc. 64 5278 6181 W2711 NW1/4NW1/4 10 07N 53W

41 Keller Farms,

Inc. 64 5280 10430 F W2711 NW1/4NW1/4 10 07N 53W

42 Keller Farms,

Inc. 64 5455 6800 W400 SW1/4NE1/4 12 07N 53W

43 Keller Farms,

Inc. 64 5184 12246RF W3649 SW1/4SW1/4 10 07N 53W

44 Keller Farms,

Inc. 64 5801 10945 F W1936 NW1/4NE1/4 9 07N 53W

45 Kenneth J. & Eva

M. Guenzi 64 5733 8871F W1559 SE1/4SW1/4 8 06N 53W 46 Jerald Kuntz 64 5211 13710F W8566 SW1/4NW1/4 26 07N 53W

48 Ermelindo

Mateus 64 5148 6809 W2586 SE1/4SE1/4 13 08N 53W

49 Ermelindo

Mateus 64 5147 5891F W2586 NE1/4SE1/4 13 08N 53W 50 Alex Meisner 64 5906 13500 W808 SE1/4SW1/4 5 08N 52W 51 Alex Meisner 64 5907 13499 W808 SE1/4SW1/4 5 08N 52W 54 Gary Miller 64 5920 12487 W791 NW1/4 SW1/4 13 07N 53W

56 A.H. Tetsell

Farm & Ranch 64 6442 20269 W531 NW1/4SW1/4 18 08N 52W

57 Shirley

Williamson 64 5731 14160 W1559 NW1/4NW1/4 8 06N 53W 58 Daryle Vollmer 64 5646 1350 W1865 SE1/4SW1/4 8 06N 53W

59 Shirley

Williamson 64 5732 14159 W1559 NW1/4SW1/4 8 06N 53W

61

Lousberg Partnership, a

Colo Partnership 64 5952 0841 W1358 SW1/4SW1/4 16 07N 53W

62

Lousberg Partnership, a

Colo Partnership 64 5954 0843 W1358 SW1/4SW1/4 16 07N 53W 65 Town of Merino 64 5910 RF160 W901 NE1/4SE1/4 13 06N 54W 66 Town of Merino 64 6523 1208 W2368 NW1/4NE1/4 18 06N 53W 67 Bret McEndaffer 64 6205 11064 W3290 SW1/4SW1/4 5 06N 53W 68 Bret McEndaffer 64 6210 11065 W3290 SW1/4NE1/4 5 06N 53W

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69 Bret McEndaffer 64 6629 39309 99CW183

Pend SW1/4 SE1/4 5 06N 53W

70 Bret McEndaffer 64 6630 Pending 99CW183

Pend SW1/4 SE1/4 5 06N 53W 72 Werdna Nelson 64 6505 7287 W2029 NE1/4NW1/4 8 08N 52W 73 Werdna Nelson 64 5984 6207F W2029 SE1/4SW1/4 8 08N 52W 74 Robert Patten 64 5217 20746 W3456 NW1/4SE1/4 25 08N 53W 75 Lester Patten 64 6013 20435 W1398 NW1/4NW1/4 16 08N 52W 76 Betty Patten 64 5897 1-4472 W1320 SW1/4NW1/4 12 07N 53W

77 Propst, Lewis V.,

Corp. 64 6091 0597 W1750 SW1/4NE1/4 13 06N 54W 80 Marjorie Rieke 64 6146 14143 W655 NW1/4NW1/4 9 08N 52W 81 Victor Schroeder 64 6214 14743 W813 NW1/4NW1/4 9 08N 52W 84 Gerald Ruf 64 6145 20059-1 W1268 NW1/4NE1/4 18 08N 52W 85 Gerald Ruf 64 6148 5754F W1268 NW1/4NE1/4 18 08N 52W 86 Gerald Ruf 64 6147 20059-2 W1268 NW1/4NE1/4 18 08N 52W 89 Zella Sager 64 6175 0821 W1654 NW1/4SW1/4 18 06N 53W 95 Joe Delaware 64 5499 RO1724 W5735 SW1/4SE1/4 33 07N 53W

98 Schlegel Ranch

Partnership 64 6502 4402-F W1809 NE1/4 NW1/4 24 06N 54W

99 Schlegel Ranch

Partnership 64 6503 5781F W1809 SE1/4SW1/4 13 06N 54W

106

Mergs Unlimited, a Colo General

Part. 64 5593 PO 2077 W1895 NW1/4 SW1/4 4 06N 53W 110 Daryle Vollmer 64 5623 RO1060 W693 NE1/4NW1/4 24 06N 54W 111 Daryle Vollmer 64 5604 1 6546R W1456 NW1/4SW1/4 24 06N 54W 112 Daryle Vollmer 64 6475 R01695 W680 NW1/4NW1/4 25 06N 54W 113 Richard Walker 64 6534 7172 W893 SE1/4 NE1/4 13 07N 53W 114 Richard Walker 64 6493 1-5239F W1069 SE1/4NW1/4 18 07N 52W

116 Kenneth J. & Eva

M. Guenzi 64 5617 6034 W632 NW1/4 NW1/4 4 06N 53W

117 Christopher

Smith 64 5780 10836-F W5734 NE1/4NE1/4 24 06N 54W 118 Dave Lebsock 64 6056 1765 W1098 NW1/4NE1/4 25 08N 53W 120 Brett Nelson 64 6492 P15593 W1428 SW1/4SW1/4 28 07N 53W 121 Moira Jackson 64 5717 6187R168 W1627 SW1/4SW1/4 7 06N 53W 122 Larry Taylor 64 6107 2279 RF W760 NE1/4SW1/4 4 08N 52W

123 Sterling Country

Club 64 6375 R16079 W5758 NW1/4NW1/4 36 08N 53W

124 Sterling Country

Club 64 6374 25864 82-CW-

291 SW1/4NW1/4 36 08N 53W 125 Rex Monahan 64 6559 2115F W821 NW1/4NW1/4 31 08N 52W 126 Rex Monahan 64 5792 12692 W1936 NE1/4SW1/4 26 08N 53W 127 Rex Monahan 64 5803 9147F W3731 NW1/4 26 08N 53W

128 Kenneth Guenzi 64 5632 3916-2-

1551 W860 SE1/4SE1/4 7 06N 53W 129 Kenneth Guenzi 0 3915 W860 SW1/4SW1/4 8 06N 53W 130 Kenneth Guenzi 64 5633 14094 W860 NW1/4NW1/4 17 06N 53W

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131 Kenneth Guenzi 64 5630 03346F W860 NW1/4NW1/4 7 06N 53W 145 Albert Amen 64 5616 1094 W632 SE1/4 SW1/4 34 06N 54W 146 Albert Amen 64 5612 R16396 W632 SE1/4 NW1/4 34 06N 54W

149 Lutin Curlee

Family Part., Ltd. 64 5369 16868 W497 SE1/4SE1/4 25 06N 54W 159 Clinton Fiscus 64 5857 R 19900 W1762 NW1/4SE1/4 35 06N 54W 160 Mari Bros., Inc. 64 5729 2974 F W1559 NW1/4SW1/4 21 06N 53W 162 Mari Bros., Inc. 64 5724 12794 W1559 NW1/4SW1/4 20 06N 53W 163 Mari Bros., Inc. 64 6206 1259 W792 SE1/4SW1/4 21 06N 53W 164 Mari Bros., Inc. 64 6204 20715 W8166 SW1/4SE1/4 21 06N 53W


Corp. 64 6088 0596 W1750 SE1/4SW1/4 19 06N 53W


Corp. 64 6086 1803 W1750 SW1/4NE1/4 19 06N 53W


Corp. 64 6087 6692 F W1750 SE1/4SW1/4 19 06N 53W


Corp.-stock 64 6085 10825 W5704 NE1/4SW1/4 19 06N 53W


Corp.-stock 64 6083 21830 W5704 NE1/4SW1/4 19 06N 53W 172 Daryle Vollmer 64 6233 3142RF W1751 NE1/4SE1/4 25 06N 54W

173 Daryle Vollmer 64 6084 1802

RF573 W1750 SW1/4NE1/4 19 06N 53W 174 Daryle Vollmer 64 6089 0598 W1750 SE1/4SW1/4 20 06N 53W 175 Daryle Vollmer 64 6208 15971 W1760 SE1/4SW1/4 25 06N 54W

176 Smart Brothers,

Inc. 64 6248 0607 W1752 SW1/4NE1/4 21 06N 53W

177 Smart Brothers,

Inc. 64 6249 0608 W1752 SE1/4NE1/4 21 06N 53W

178 Smart Brothers,

Inc. 64 6250 8785 W1752 SE1/4SE1/4 16 06N 53W

179 Smart Brothers,

Inc. 64 6251 9148 F W1752 SW1/4NW1/4 22 06N 53W

181 Hessler Farms,

Inc. 64 5044 R6342RF W687 SW1/4SE1/4 10 06N 53W

182 Hessler Farms,

Inc. 64 5626 5801 W687 SW1/4NW1/4 15 06N 53W

183 Hessler Farms,

Inc. 64 5043 14137 W687 SW1/4NE1/4 15 06N 53W

184 Hessler Farms,

Inc. 64 5042 4466F W687 NW1/4NE1/4 15 06N 53W 185 Robert Lingreen 64 5888 10320RF W8712(77) NW1/4 NW1/4 6 06N 52W 186 Robert Lingreen 64 5817 21283-F W8712(77) NW1/4 NW1/4 6 06N 52W

187 Lutin Curlee

Family Part., Ltd. 64 5367 041776-F W497 SE1/4 NW1/4 16 06N 53W

188 Lutin Curlee

Family Part., Ltd. 64 5368 041777-F W497 SE1/4SW1/4 16 06N 53W

189 Lutin Curlee

Family Part., Ltd. 64 5371 041778-F 92CW010 NE1/4 SW1/4 16 06N 53W

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192 Hoogland Living

Trust 64 5702 19331 W1099 SW1/4SW1/4 10 06N 53W

193 Hoogland Living

Trust 64 5795 R 5946 W1936 SW1/4 SE1/4 10 06N 53W

194 Hoogland Living

Trust 64 5167 38879-F 91CW014 SE1/4 NE1/4 10 06N 53W 197 Alberta Smart 64 6253 5962 W3492 SW1/4SE1/4 35 07N 53W

198 Sunset Memorial

Gardens 64 6424 11883F-R W5649 NE1/4SE1/4 8 08N 52W 199 Alfred Vendegna 64 5847 56980-F W991 SE1/4NW1/4 31 08N 52W 200 Elmer Wagner 64 6489 9058F W794 NW1/4NE1/4 17 08N 52W 201 Elmer Wagner 64 6490 6150 W794 NW1/4NE1/4 17 08N 52W 202 Jack Nixon 64 5919 R 00909 W790 SE1/4NW1/4 7 07N 52W

203 George

Kloberdanz 64 6558 2-19659 W1006 SW1/4SE1/4 1 07N 53W

204 George

Kloberdanz 64 5766 1-19659 W1006 SE1/4SE1/4 1 07N 53W 205 Frieda Knaub 64 5767 R00691 W864 NW1/4SE1/4 8 08N 52W 206 Sylvia Gregory 64 5582 19867 RF W3130 SW1/4NE1/4 24 07N 53W 207 Carlton Wyckoff 64 5949 5495 F W2474 NE1/4NW1/4 17 08N 52W 208 Stan Fry 64 5620 1088RF391 W632 SW1/4NE1/4 24 07N 53W 209 Leon Fritzler 64 5510 19520 W869 NW1/4NW1/4 7 07N 52W 210 Edward Fritzler 64 5513 6261 W870 SW1/4SW1/4 1 07N 53W 212 John Amen 64 5010 18050 W391 SW1/4SW1/4 7 07N 52W 213 Henry Schaffer 64 6198 7076 W944 SW1/4NE1/4 7 07N 52W 214 Henry Schaffer 64 6195 7075 W944 SW1/4NE1/4 7 07N 52W 215 Shane Miller 64 5922 12486-R W3861 SE1/4NW1/4 24 07N 53W 216 Shane Miller 64 5925 18765-F W3861 NE1/4NE1/4 26 07N 53W 217 Douglas Fritzler 64 5529 4-2381-F W868 SW1/4 SE1/4 4 07N 53W 218 Douglas Fritzler 64 5534 6742F W868 NW1/4 SE1/4 4 07N 53W 219 Allen Mitchek 64 5926 6743 F W5736 SW1/4NW1/4 31 08N 52W

220 DJ & J Farms

(FAMM farms) 64 5718 1-04327 W796 NE1/4SE1/4 25 07N 53W 221 Dan Klindt 64 5506 R292 W1574 NW1/4SE1/4 35 07N 53W 222 Larry Michel 64 5506 R292 W1574 NW1/4SE1/4 35 07N 53W

223 Propst Brothers

Inc 64 6082 04428F W795 SW1/4SE1/4 2 06N 53W

224 Gary & Jerry

Michel 64 5917 04355F W1573 SE1/4NE1/4 3 06N 53W 225 Trahern Hay, Inc. 64 6220 19901 W794 SE1/4SW1/4 2 06N 53W 226 Dean Rasmussen 64 6118 20467 W3274 NE1/4NW1/4 30 07N 52W 227 Dan Klindt 64 5595 15263 W815 SW1/4NW1/4 36 07N 53W

228

Colorado Division of

Wildlife 64 5848 NOT REG W3641 SE1/4SW1/4 19 07N 52W

229

Cecil Farms, a Colorado General

Partnership 64 5487 14136 W1614 SE1/4SW1/4 25 07N 53W 230 Bryce Carlson 64 5594 15264 W815 SW1/4 NW1/4 31 07N 52W

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231 Bryce Carlson 64 5246 8407 W1547 SE1/4 SW1/4 30 07N 52W 232 Robert Lingreen 64 5363 7195 W2466 SW1/4SW1/4 36 07N 53W 233 Datteri Brothers 64 5374 R 11751 W1250-77 SE1/4SW1/4 3 06N 53W 234 Tim Cook 64 6016 1-04430-F W4116 NE1/4SW1/4 35 07N 53W 235 Dale Anderson 64 6144 03853 F W655 SW1/4SE1/4 9 08N 52W 236 James Brammer 64 6488 6149 W1927 SE1/4NW1/4 21 08N 52W 237 Bob Pennington 64 5396 10495 W1560 NW1/4SE1/4 27 09N 52W 238 Allen Mitchek 64 5521 1488 W568 SW1/4SE1/4 10 08N 52W 239 Allen Mitchek 64 5511 2698F W568 SW1/4NE1/4 10 08N 52W

240 Gareis Farms,

Inc. 64 5549 2688F W1828 SW1/4SW1/4 10 08N 52W

241 Gareis Farms,

Inc. 64 5550 PO4465 W1828 NE1/4NW1/4 16 08N 52W 242 Daniel Jones 64 6103 2-3620F W761 SW1/4SW1/4 3 08N 52W 243 Manuello's Inc. 64 5866 4512F W639 NW1/4NE1/4 3 08N 52W 244 Robert Roth 64 5550 P04465 W1827 NE1/4NW1/4 16 08N 52W 245 Robert Ruff 64 6172 1596 W928 SE1/4NW1/4 6 07N 52W 246 David Guenzi 64 6101 1-9057F W760 NW1/4NE1/4 9 08N 52W 247 David Guenzi 64 6105 2-6630F W760 NW1/4NE1/4 9 08N 52W


M. Guenzi 64 5889 22299F W8713 SW1/4NE1/4 33 08N 53W


M. Guenzi 64 5238 3006F W498 NW1/4NW1/4 2 07N 53W


M. Guenzi 64 5240 3007F W498 SW1/4NW1/4 2 07N 53W


M. Guenzi 64 5237 4049 F W498 SE1/4SW1/4 35 08N 53W


M. Guenzi 64 6228 5400F W793 SW1/4NE1/4 33 08N 53W


M. Guenzi 64 5236 6700 W498 SE1/4SW1/4 35 08N 53W


M. Guenzi 64 5239 6701 W498 NW1/4NW1/4 2 07N 53W


M. Guenzi 64 5694 1A-19605-

F W8055-75 SE1/4NE1/4 4 07N 52W 256 Kenneth Guenzi 64 5104 0842 W4579 NW1/4NW1/4 19 07N 53W 257 Kenneth Guenzi 64 5107 0844 W4579 NE1/4NE1/4 19 07N 53W 258 Kenneth Guenzi 64 5220 12958 W3814 NW1/4SW1/4 18 07N 53W 259 Kenneth Guenzi 64 5218 12959 W3814 NW1/4SW1/4 18 07N 53W 260 Kenneth Guenzi 64 5221 12960 W3814 NW1/4SW1/4 18 07N 53W 261 Kenneth Guenzi 64 5077 4016 F W7515-78 NW1/4NW1/4 11 07N 54W 262 Kenneth Guenzi 64 5075 R13931 W7515 NE1/4NW1/4 11 07N 54W 263 Kenneth Guenzi 64 5076 R13932 W7515 NE1/4NW1/4 11 07N 54W


M. Guenzi 64 5490 0111 W3396 NW1/4SE1/4 6 06N 54W


M. Guenzi 64 5488 11406F W3396 SE1/4SW1/4 6 06N 54W


M. Guenzi 64 5489 12712F W3396 SE1/4SE1/4 6 06N 54W

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M. Guenzi 64 5491 24582F W79CW06

9 NW1/4NE1/4 6 06N 54W 268 David Guenzi 64 5592 014317 W5807 SW1/4NW1/4 11 08N 53W 269 John Guenzi 64 5226 11623F W3814 SE1/4SE1/4 14 07N 54W 270 John Guenzi 64 5224 6513F W3814 NW1/4SW1/4 13 07N 54W 271 John Guenzi 64 5223 6514F W3814 NW1/4SW1/4 13 07N 54W

272 Hessler Farms,

Inc.-feedlot north NR 01CW303 NE1/4 SW1/4 15 06N 53W

273 Hessler Farms,

Inc.-feedlot ltpole 111290-A 01CW303 NE1/4 SW1/4 15 06N 53W

274 Hessler Farms,

Inc.-feedlot south NR 01CW303 SW1/4 SE1/4 15 06N 53W 277 Manuello's Inc. 64 6621 49223 99CW0036 NW1/4 NW1/4 3 08N 52W 278 Manuello's Inc. 53980-F SW1/4NE1/4 3 08N 52W

281 Bornhoft

Feedyards, Inc. 64 5197 49693 W5813 SE1/4SE1/4 35 09N 53W

282 Bornhoft

Feedyards, Inc. 64 5196 NOT REG W5813 SE1/4SE1/4 35 09N 53W

283 Bornhoft

Feedyards, Inc. 64 5198 032422F W5813 SE1/4SE1/4 35 09N 53W

284 Emmanuel

Baptist Church 64 5769 7286 W1429 SW1/4SW1/4 30 08N 52W

285 Highland Park

Water Co 64 6468 14135 W2440 BLK 1, LOT 5 36 08N 53W 286 Ronald Ruff 64 5064 20893 W405 SW1/4SE1/4 8 07N 52W

287 Lousberg

Partnership 64 5796 013083RF W1936

83CW73 SW1/4 9 07N 53W

288 Lousberg

Partnership 64 5098 26440-F W83CW07

3 NW1/4NW1/4 9 07N 53W

289 Lousberg

Partnership 64 6464 046767-F NE1/4NW1/4 16 07N 53W

290 Lousberg

Partnership 64 5951 11427RF W1358 NE1/4NE1/4 16 07N 53W

291 LBG Rental,

LLC 35463 W82CW19

4 NW1/4SW1/4 26 07N 53W

292 LBG Rental,

LLC 5011-F W82CW19

4 SW1/4 SW1/4 26 07N 53W 293 David Amen 64 5624 7398 W492 NW1/4NW1/4 21 07N 53W 294 David Amen 64 5627 7400 W492 NW1/4NW1/4 21 07N 53W 295 David Amen 64 5625 R7399-RF W492 NW1/4SW1/4 21 07N 53W 296 Robert Karg 64 6209 12079F W2539 SW1/4SE1/4 9 06N 53W 297 Glen Pomeroy 64 6062 6621 W620 NE1/4SE1/4 2 06N 54W 298 Glen Pomeroy 64 6065 9464F W620 NW1/4 29 07N 53W

299 Kenneth Pomeroy 64 6069 17958-1 W620 NW1/4NE1/4 20 07N 53W

300 Kenneth Pomeroy 64 6068 17958-2 W620 SW1/4NE1/4 20 07N 53W

301 Perry Pomeroy

III 64 6064 9463F W620 S1/2NW1/4 29 07N 53W

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302 Mark Kross & Bob Sanderson 64 6061 4326F W620 NE1/4NE1/4 30 07N 53W

303 Alan Amen 64 6182 14164 W1109 NW1/4SE1/4 13 07N 54W 304 Alan Amen 64 6183 5010F W1109 NW1/4SE1/4 13 07N 54W

305

David J. Amen Farm Family Partnership 64 6540 10783 W3727 NW1/4NW1/4 18 07N 53W

306

David J. Amen Farm Family Partnership 64 5011 10784 W3727 NW1/4NW1/4 18 07N 53W

307

David J. Amen Farm Family Partnership 64 5012 R10785 W3727 SW1/4NW1/4 12 07N 54W

308 Paul Lebsock, Jr. 64 5805 7097 W894 SW1/4SW1/4 17 07N 53W 309 Paul Lebsock, Jr. 64 5804 7098 W894 SW1/4SE1/4 17 07N 53W 310 Paul Lebsock, Jr. 64 5806 3659 F W894 NW1/4SE1/4 16 07N 54W 311 Prewitt Ranch 01 6682 6195F W1469 NE1/4NE1/4 14 05N 54W 312 Prewitt Ranch 01 6683 6312-F W1469 NE1/4SE1/4 12 05N 54W 313 Mike Goss 64 5610 0339 W2653 SW1/4SW1/4 13 06N 54W 314 Mike Goss 64 5611 2-9447 W2653 NW1/4SE1/4 14 06N 54W

315 School Dist Re 1

Valley 64 5831 11856F W5731 NE1/4SE1/4 29 08N 52W


Valley 64 5828 11857F W5731 SE1/4NW1/4 29 08N 52W


Valley 64 5833 25519 W5731 NW1/4NE1/4 21 08N 52W


Valley 64 5832 25520 W5731 NW1/4NE1/4 21 08N 52W


Valley 64 5830 23690F W5731 NE1/4SE1/4 30 08N 52W


Valley 64 5834 25521 W5731 NE1/4SE1/4 30 08N 52W

321 Logan County Court House 64 5827 8900 W5732 NE1/4NW1/4 29 08N 52W

322 Northeastern

Junior College 64 5973 035467-F W2105 SW1/4NW1/4 28 08N 52W

323 Northeastern

Junior College 64 5971 04010-F W-2105 NE1/4NW1/4 28 08N 52W

324 Northeastern

Junior College 64 5972 11061-F W-2105 NE1/4NW1/4 28 08N 52W

325 Northeastern

Junior College 64 5974 5425-F W-2105 NW1/4SE1/4 21 08N 52W

326 Sterling East Side

Water Co. 64 6378 013690-F W3839 NW1/4 NW1/4 26 08N 52W

327 Sterling East Side

Water Co. 64 6379 013691-F W3839 SE1/4 NE1/4 27 08N 52W 328 Richard Jackson 64 5677 1516 W754 NW1/4NE1/4 11 08N 53W 329 C & F Company 64 6317 2633F W2289 SE1/4NW1/4 28 08N 52W

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330 McAtee

Construction Co. 64 5880 13644F W-2633 SE1/4 SE1/4 28 08N 52W

331 McAtee

Construction Co. 64 5882 13645F W-2633 SW1/4 SW1/4 27 08N 52W

332 McAtee


333 McAtee


334 McAtee

Construction Co. 64 5878 13648F W2633 SW1/4SW1/4 27 08N 52W

335 McAtee

Construction Co. 64 5880 13649F W2633 SW1/4SW1/4 27 08N 52W

336 McAtee


337 McAtee

Construction Co. 64 5877 13651F W2633 SE1/4SE1/4 28 08N 52W 340 Sandra Needham 64 5994 3622F W4650 SW1/4NE1/4 18 08N 52W

341 Timothy

Sonnenberg 64 6482 1170 W5049 SE1/4NE1/4 19 08N 52W

342 Ed Fritzler (Joel

Nelson) 64 5838 0613 W2363 SE1/4SE1/4 18 08N 52W 343 L.A. Coakley 64 5267 16317 W3528 NE1/4SE1/4 15 08N 52W 344 L.A. Coakley 64 5260 24755 W3528 SE1/4SE1/4 15 08N 52W 345 L.A. Coakley 64 5269 25306 W3528 SW1/4SE1/4 15 08N 52W

346 Ronald

Timmerman GW-18843 LOTS 17-18 32 08N 52W 347 Brett Nelson 64 6291 012934 F W2289 SE1/4SE1/4 33 08N 53W 348 Mark Harrington 64 5241 7219 W5808 SW1/4SW1/4 34 08N 52W 349 Joel McCracken 64 5694 14745 W1013 SE1/4 NE1/4 4 07N 52W 350 Allen Mitchek 64 6290 0124 W2289 NE1/4NW1/4 9 07N 53W 351 Allen Mitchek 64 6289 0125 W2289 NW1/4SW1/4 4 07N 53W 352 Allen Mitchek 64 6288 15380 F W2289 SW1/4NW1/4 4 07N 53W 353 Allen Mitchek 64 6286 3137 F W2289 NE1/4SE1/4 5 07N 53W 354 Allen Mitchek 64 6284 6620 F W2289 SW1/4NW1/4 4 07N 53W 355 Allen Mitchek 64 5799 9613 F W1936 SE1/4SE1/4 8 07N 53W

356

Atwood Commercial Feedlot, Inc NOT REG SE1/4NE1/4 36 07N 53W

357

Atwood Commercial Feedlot, Inc NR NE1/4NE1/4 36 07N 53W

360 Kidz Ark 64 5256 046826 NE1/4NW1/4 24 08N 53W 361 Kidz Ark 64 5255 41360 NE1/4NW1/4 24 08N 53W 362 Kidz Ark 64 5566 71472 NE1/4NW1/4 24 08N 53W

363 Platte Valley

Real Estate, LLC 64 6443 5868RF121

4 W2093 SW1/4NW1/4 33 08N 52W

364

Fairfield Management,

Inc. 64 5244 0063 W529 SW1/4NE1/4 4 06N 53W

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365

Fairfield Management,

Inc. 64 5243 2262-F W529 SW1/4NE1/4 4 06N 53W 366 David Naibauer 64 5975 11607F W1872 SE1/4NW1/4 18 07N 53W 367 David Naibauer 64 5976 11609F W1872 SE1/4NW1/4 18 07N 53W 368 David Naibauer 64 5977 RF1024 W1872 SW1/4NW1/4 18 07N 53W 369 Allen Hutt 64 5668 042328-F W4579 NW1/4NE1/4 30 07N 53W

370 Paul &

MaryAnne Kaiser 64 5222 10459 W3814 NE1/4NE1/4 24 07N 54W 371 John Pivonka 64 5798 8536 W1936 SW1/4NW1/4 17 07N 53W 372 John Pivonka 64 5797 8537 W1936 SW1/4NW1/4 17 07N 53W

373

Atwood Commercial Feedlot, Inc N/R NE1/4NE1/4 36 07N 53W

374 Ronald Kurtzer 64 5745 9572F W871 SW1/4SW1/4 15 07N 54W

375 Gregg &

Charlene Archer 64 5058 0430 W3527 SW1/4 SW1/4 23 06N 54W 376 Rocky Desanti 64 5601 0517RF132 W848 NW1/4 NW1/4 26 06N 54W

377 The Bluffs at Vallahara Inc. 64 5898 13420F W945 SE1/4NE1/4 27 06N 54W

378 The Bluffs at Vallahara Inc 64 5899 2836F W945 SE1/4NE1/4 27 06N 54W

379 BCK Heath

Property, LLC 64 6073 25234 W3276 SE1/4 23 06N 54W 381 Charlie Stahley 64 6508 11341 W3527 SW1/4NW1/4 24 06N 54W 385 Jay Harryman 64 5567 8413 W1420 NE1/4NE1/4 6 06N 54W 386 Alan Harryman 64 5568 8414 W1420 NW1/4NE1/4 6 06N 54W 387 Keith Ladd 64 5779 N/R W1921 SE1/4NW1/4 14 06N 54W 388 Elmer Diel 64 5418 9154-F W4831 NW1/4SW1/4 6 07N 52W 389 Harold Fritzler 64 5033 R-12058 W889 SW1/4 3 05N 54W 390 Harold Fritzler 01 7488 37430-F 90CW115 SE1/4 3 05N 54W 391 Randy Fritzler 64 5034 881 W889 SW1/4NW1/4 10 05N 54W

392 Warren

Thompson 64 5246 8407 W1547 SE1/4 SW1/4 30 07N 52W

393

B. W. Weakley (c/o Robert Weakley) 64 5595 15263 W815 SW1/4NW1/4 36 07N 53W

394

Smart Brothers, Inc. Portion

6508F 64 6252 6508F W1752 SE1/4SE1/4 17 06N 53W 395 Darrel Mertens 14623 SW1/4NW1/4 32 08N 53W

396 Kircher Horner

LLC 64 6076 1-3657-F W1126 NW1/4SW1/4 28 08N 52W 397 James Gales 64 5608 3712F W801 NW1/4SW1/4 19 08N 52W 398 Jeff Rice 249717 SW1/4NE1/4 27 08N 52W

399 Club West

Subdivision na NW1/4 SW1/4 36 08N 53W

400 Club West

Subdivision na NW1/4 SW1/4 36 08N 53W

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401 Club West

Subdivision na NW1/4 SW1/4 36 08N 53W 402 Brad Thorpe na NE1/4 NW1/4 15 06N 53W 403 David Naibauer 16169RF SE1/4N1/2 18 07N 53W

404 Timmerman

Feeding Corp. 64 5785 17578-F W7374 NE1/4SE1/4 6 08N 52W

405 Timmerman

Feeding Corp. 64 5786 17579-F W7374 NE1/4SE1/4 6 08N 52W

406 Albert Miller

Trust Pending NE1/4NE1/4 26 08N 53W

407 Albert Miller Trust Pending NE1/4NE1/4 26 08N 53W

408 Albert Miller Trust Pending NE1/4NE1/4 26 08N 53W

409 Albert Miller Trust

Pending SE1/4SE1/4 26 08N 53W





412 SIC A1 64 6552 16760-F W7473 NE1/4 NE1/4 7 7N 52W 413 SIC A2 64 6555 16763-F W7473 SE1/4 NE1/4 7 7N 52W 414 SIC A3 64 6551 16759-F W7473 SE1/4 SE1/4 6 7N 52W 415 SIC A4 64 6556 16764-F W7473 NE1/4 SE1/4 6 7N 52W 416 SIC A5 64 6554 16762-F W7473 SE1/4 NE1/4 6 7N 52W 417 SIC A6 64 6553 16761-F W7473 SW1/4 NE1/4 6 7N 52W 418 SIC B1 64 5558 19533-F W7954 SE1/4 SE1/4 7 7N 52W 419 SIC B2 64 5552 19532-F W7954 SE1/4 SW1/4 31 8N 52W 420 SIC B3 64 5557 19531-F W7954 SE1/4 SW1/4 30 8N 52W 421 SIC B4 64 5556 19530-F W7954 SW1/4 SE1/4 20 8N 52W

22. Claim for Exchange: Applicant claimed exchange as one of the uses of the water rights described in the original application. Applicant hereby more fully describes the following rights of exchange pursuant to §§37-80-120, 37-82-106, 37-83-104, and 37-92-101, et seq., C.R.S. 22.1. Operation of the Substitution and Exchange: At such times when water is delivered to the South Platte River pursuant to the plan for augmentation requested in this case in excess of the replacement requirements, the water will be substituted and exchanged for water diverted at the headgate of the South Platte, Farmers Pawnee, Schneider, Springdale and Sterling No. 1 Ditches, the Prewitt Reservoir Inlet Canal and the Recharge Wells described in the application. The substitution and exchange will only operate at such times when no water rights located between the point of delivery to the South Platte River and the point of diversion will be materially injured by the substitution and exchange. Such excess may also be leased to other water users pursuant to an approved Substitute Water Supply Plan or a Water Court Decree. 22.2. Points of Diversion: The points of diversion are the headgates of the South Platte, Farmers Pawnee, Schneider, Springdale, and Sterling No. 1 Ditches, the Prewitt Reservoir Inlet Canal, and the Recharge Wells, described in the original application and the first and second amendments, all in Logan County, Colorado. 22.3. Legal Description of the Reach of the South Platte River Within the Substitution and Exchange: The recharge water delivered to the South Platte River will be delivered within a reach of the South Platte River, consisting of an upstream point at the Prewitt

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Reservoir Inlet Canal, described in the original application and a downstream point at the North section line of Section 25, Township 9 North, Range 52 West, 6th P.M., Logan County, Colorado. 22.4. Date of initiation of appropriation: April 23, 2003. 22.5. Amount claimed: 100 c.f.s., conditional. 22.6. Use: Augmentation of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, and replacement. 23. Names and Addresses of Owners of the Structures: Applicant’s members own all the wells, shares and structures, except as follows, and they consent to the application. The Prewitt Inlet Canal is owned and managed by the Prewitt Operating Committee, c/o James Yahn, P.O. Box 103, Sterling, Colorado 80751. The Sterling Canal is owned by the Sterling Irrigation Company, c/o Kathie Seetch, P.O. Box 1825, Sterling, CO 80751. The Farmers Pawnee Ditch is owned by the Farmers Pawnee Ditch Company, c/o Sandy Ils, 16911 County Road 39, Sterling, Colorado 80751. The South Platte Ditch is owned by the South Platte Ditch Company c/o Dave Kautz, 15099 C.R. 59.5, Merino, Colorado 80741. The Springdale Ditch is owned by the Springdale Ditch Company c/o Deb Baney, P.O. Box 109, Sterling, Colorado 80751. The Schneider Ditch is owned by the Schneider Ditch Company c/o Neno Datteri, 5503 CR 33, Atwood, Colorado 80722. The SIC wells A1 through B4 are owned by GASP, 219 E. Railroad Ave., Fort Morgan, Colorado 80701.

2005CW149 Wake LLLP, Suite 220, 801 8th Street, Greeley, CO, 80631, C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631 (970)356-9160. Amended Application for Change of Water Rights IN WELD COUNTY. 2. Decreed Name of Structures: Well No. 3 Sump, Well No. 4 Sump, Permit No. 59068, 50969 and 59070 hereinafter the “wells.” 3. Previous Decrees: A decree was entered in the Water Court, Water Division No. 1, Case No. 01CW035 on November 5, 2002 granting a change of water rights for the above decreed rights. Prior decrees for these rights were entered in the Water Court, Water Division No. 1 in Case No. W-1484, on December 20, 1976 and in Case No. W5648 on November 30, 1977. 4. Historic Use: The wells have been used to irrigate 420 acres in Section 35, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado, along with ¼ shares of Water Supply and Storage Company. 5. Proposed Change: Applicant seeks to change the location of the 420 acres irrigated because do to a boundary line adjustment Applicant no longer owns all the420 acres as decreed in 01CW035. The total irrigated acres will remain the same, 420 acres, and the acres will continue to be located in Section 35, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado , but 65 of the irrigated acres will be located in the W½ W½ of Section 35. The wells are included in the Cache La Poudre Plan of Augmentation. 6. Name and Address of Owners of Structures: Applicant. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of SEPTEMBER 2005 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $70.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

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